* 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. [00:00:05] ALL RIGHT. IT'S, [ Briefing and Possible Action on the following items  ] IT'S, UH, ONE OH TWO. I HEREBY CALL THIS, UH, MEETING OF THE BOARD ADJUSTMENTS TO ORDER. UH, FIRST THING WE'RE GONNA DO, UH, IS, UH, ADMINISTER AN OATH TO ONE OF OUR MEMBERS WHO JUST GOT REAPPOINTED. UM, MARIA, I, MARIA ROSARIO CRUZ. DO SOLEMNLY SWEAR I MARIA ROSARIO CRUZ SOLEMNLY SWEAR THAT I WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE OF ZONING BOARD OF ADJUSTMENT THAT I WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE, THE DUTIES OF THE OFFICE OF ZONING BOARD OF ADJUSTMENT OF ZONING, BOARD OF ADJUSTMENT OF THE STATE OF TEXAS. OF THE STATE OF TEXAS, AND WILL TO THE BEST OF MY ABILITY AND WILL TO THE BEST OF MY ABILITY, PRESERVE, PROTECT, AND DEFEND, PRESERVE, PROTECT, AND DEFEND THE CONSTITUTION AND LAWS OF THE UNITED STATES, THE CONSTITUTION AND LAWS OF THE UNITED STATES, AND OF THIS STATE. SO HELP ME, GOD, AND OF THIS STATE. SO HELP ME GOD. ALL RIGHT. THANK YOU. THANK YOU. AND IF THERE'S ANY OTHER BOARD MEMBERS THAT GET ONE OF THESE, UH, NOTICES IN THE MAIL, JUST BRING THEM ONTO THE MEETING. IF ANYBODY ELSE GETS A NOTE, UH, A REAPPOINTMENT, UH, PAPERWORK, JUST GO AHEAD AND COME TO THE MEETING. WE'LL DO IT HERE. UH, SO WE HAVE THIS, UH, SPANISH INTERPRETER CAN GIVE THEIR PRESENTATION, PLEASE. HI. GOOD AFTERNOON, JUAN. THANK YOU. THANK YOU. STAFF, IF YOU COULD PLEASE TAKE ROLL. MR. SPIELMAN. HERE. MR. ALBERT. PRESENT. MR. MENCHACA. PRESENT. MR. ZUNIGA? PRESENT. MS. CRUZ? HERE. MR. MANNA PRESENT. MS. BRAGMAN? PRESENT. MS. KAPLAN? PRESENT. MR. TEAL? PRESENT. MR. UNA PRESENT CHAIR ORIAN. AND I AM ALSO PRESENT, SO IF YOU COULD PLEASE STAND AND JOIN ME WITH THE PLEDGE OF ALLEGIANCE. I'D APPRECIATE IT. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. HONOR THE TEXAS FLAG BY ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD ONE AND INDIVISIBLE. SO BEFORE WE PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION. THIS BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY A NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS. THE FOLLOWING, THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY DIRECTOR'S REPORT. LASTLY, AS CHAIR, I WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS. I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS THE 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, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELEASE SOUGHT AND DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN 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 IN APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOP DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE. IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT OR IS REPRESENTATIVE WILL PRE PRESENT THE PETITION AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD. ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER. AFTER EVERYONE HAS HEARD THE CASE, IT WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. EACH MEMBER WILL BE ASKED TO VOTE [00:05:01] ON THE MOTION. IN ORDER FOR A MOTION TO CARRY. IT REQUIRES A RECURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESIDENT OR NOT, WHICH IS NINE VOTES. THE BURDEN OF PROOF AND GRANTING THE RELIEF SOUGHT RESTS WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS ON WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISIONS OF THIS BOARD REGARDING APPEALS FROM 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. UH, PLEASE LIMIT YOUR PRESENTATION REMARKS TO THE PERTINENT FACTS OF YOUR CASE. UH, AND WITH THAT STAFF, GOOD AFTERNOON. UM, BEFORE WE BEGIN, IF YOU HAVE YOUR CELL PHONE, PLEASE TURN IT OFF OR ON SILENT. STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUESTS. PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE ERROR TO BE CONSIDERED FOR THE VARIANCE FOR SPECIAL EXEMPTION PROPERTY WITHIN 200 FEET OF THE SUBJECT PROPERTY. CHECK MARK INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND X INDICATES PROPERTY OWNERS IN OPPOSITION. FOLLOWING THIS PRESENTATION AND OTHER 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 EXEMPTION. YOU'LL BE CALLED IN THE ORDER YOU, YOU SIGNED UP TO SPEAK. THOSE IN SUPPORT OR OPPOSITION WILL BE ALLOWED A MAXIMUM THREE MINUTES PER SPEAKER AND YOU'RE NOT OBLIGATED TO UTILIZE A MAXIMUM TIME LIMITATION. FOR THOSE THAT WOULD LIKE TO GIVE THEIR TIME TO A SPEAKER, THE SPEAKER WILL BE ALLOWED A MAXIMUM TWO PEOPLE GIVING UP THEIR TIME FOR A TOTAL OF NINE MINUTES. THOSE GIVING UP THEIR TIME MUST BE PRESENT AND SIGNED INTO SPEAK GROUPS CONSISTENT, THREE OR MORE CITIZENS WILL BE ALLOTTED NINE MINUTES TOTAL TO ADDRESS THE BOARD ON THE ITEM. THE APPLICANT WILL BE. THE APPLICANT WILL THEN BE GIVEN THE OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH THREE MINUTES TIME LIMIT, ALONG WITH AN OPPORTUNITY TO ADDRESS THE BOARD QUESTIONS. THANK YOU. CHAIR? YES. THANK YOU. SO ITEM NUMBER ONE WAS WITHDRAWN. TWO WAS POSTPONED. SO WE'LL BEGIN WITH ITEM NUMBER THREE. UM, BO O 8 2 2 1 0 3 0 0 0 1 8. UM, ADDRESS AT 2 2 3 WEST MAYFIELD BOULEVARD COUNCIL DISTRICT THREE, APPLICANT BEING MEMORY MARY MARY MCGEE. UM, THE ZONINGS, CURRENTLY R SIX RESIDENTIAL SINGLE FAMILY, UH, OVERLY REMAINING THE SAME. UM, THE SUBJECT PROPERTY IS LOCATED ON WEST MAYFIELD STREET. THERE IS AN ATTACHED CARPORT TO THE SIDE OF AN EXISTING FA UH, SINGLE FAMILY STRUCTURE. UM, THE APPLICANT IS SEQUESTERED A SIDE SETBACK VARIANCE TO ALLOW A CARPORT TO BE ONE INCH FROM THE PROPERTY LINE. UM, THE CARPORT APPEARS TO BE CONSTRUCTED OUT OF FIRE RATED MATERIAL AND GUTTERS ARE INSTALLED. UM, THE SAME VARIANCE REQUEST WAS PRESENTED TO THE BOARD OF ADJUSTMENTS ON AUGUST 16TH, 2021, WHERE THE MOTION TO APPROVE THE REQUEST FAILED. UM, SO THAT'S THE CURRENT PICTURE OF THE SITE PLAN WITH THE CARPORT ADDITION TOWARDS THE TOP SIDE OF THE THING WHERE THE PROPOSED GOING. UM, THAT IS THE SUBJECT PROPERTY ITSELF. UM, THAT'S THE CARPORT VIEW FROM THE NEIGHBOR'S SIDE. UM, THE NEIGHBORING HOME TO THE LEFT OF IT, UM, RAIN DURING A RAIN EVENT. THE WATER RUNOFF THAT IS ON A NEIGHBOR'S YARD, UM, THAT IS THE CARPORT OF WHEN THAT THE PICTURES WERE TAKEN. CARPORT UNDER VIEW WAS SHOWN. THE DECK, UH, MEASUREMENT FROM THE SIDE, YOU CAN SEE THE GUTTER INCLUDED RIGHT THERE AS WELL. UM, THAT IS THE MOST UP-TO-DATE PICTURE OF THE CARPORT. UM, YOU CAN SEE THE REROUTING OF THE GUTTERS GOING TO THE RIGHT SIDE OF THAT PICTURE. AND YOU CAN SEE THE DOWNWARD SPOUT RIGHT THERE OF THE DRAINAGE ROUTE. UM, SO SIDE PROPERTY SETBACK VARIANCE, UM, STAFF RECOMMENDS DENIAL WITH AN ALTERNATE RECOMMENDATION FOR A TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SIDE STEP REQUIREMENT TO ALLOW A CARPORT WITH OVERHANG AND GUTTERS TO BE THREE FEET FROM THE EASTERN SIDE OF THE PROPERTY LINE. AND BO O A 22 1 0 3 0 0 0 9 1. BASED ON THE FINDING ON THE FOLLOWING FINDINGS OF FACT, UM, THE ATTACH, THE ATTACHED CARPORT WOULD BE THREE FEET AWAY FROM THE SIDE PROPERTY LINE. AND THE STRUCTURE BEING THREE FEET FROM THE SIDE PROPERTY LINE WILL ALLOW AMPLE SPACE TO ACCESS THE VEHICLES. AND THE CARPORT IS NOT OUTTA CHARACTER OF THE NEIGHBORHOOD. UM, IN NOTIFICATION PLAN, THERE WERE 31 NOTICES SENT. UM, THERE WAS ZERO IN FAVOR. THERE WAS ONE IN OPPOSITION, AND THERE'S NO REGISTERED HOMEOWNERS ASSOCIATION IN THE AREA. UM, THAT CONCLUDES THAT PRESENTATION AND THE APPLICANT SHOULD BE PRESENT. THANK YOU. BEFORE YOU GO, UH, YOU HAD MENTIONED THAT, UH, A YEAR AGO IT WAS DENIED. IS THERE ANY ASPECT AT ALL THAT'S DIFFERENT FROM THEN THAN WHAT WAS APPLIED FOR A YEAR AGO? NO, IT'S EXACTLY THE SAME. EXACTLY THE SAME OWNER, SAME OWNER, SAME EVERYTHING. OKAY, THANK YOU. NO, IT WAS THERE. IT'S BEEN IN CO COMPLIANCE FOR A YEAR. IS THE APPLICANT PRESENT? YES. OH, UH, COME ON UP AND, UH, STATE YOUR NAME AND, [00:10:01] AND TELL US ABOUT YOUR CASE. GOOD AFTERNOON, FOLKS. MY NAME IS ALEX VASQUEZ AND I'M HERE, UM, REPRESENTING MARY MCGEE. LAST YEAR WHEN SHE WAS HERE, UH, AUGUST 16TH, 2021, WHEN IT WAS DENIED, SHE HAD JUST COME IN FROM AFGHANISTAN AND WAS NOT ALL HERE. UH, SO, UM, SHE WASN'T ABLE TO SPEAK, UH, BECAUSE SHE WASN'T PREPARED. BUT THE PLAINTIFF IS COMPLAINING THAT WATER IS RUNNING OFF INTO THEIR PROPERTY, WHICH IS FICTITIOUS. UM, IF YOU WOULD NOTICE ON ONE OF THE, UH, PHOTOS, THEIR GUTTER SYSTEM IS JUST DRAINING COMPLETELY ONTO THEIR PROPERTY. AND, UH, THE CEMENT THAT THEY HAVE RIGHT BACK THERE, BACK, BACK, BACK, RIGHT THERE, WE MISSED IT. RIGHT THERE, RIGHT THERE. THAT'S THEIR GUTTER SYSTEM AND IT'S COMING ONTO THEIR PROPERTY. UH, MY, UH, MARY MCGEE'S GUTTER IS WORKING PROPERLY. IT HAS ALWAYS BEEN THERE AND HAS, HAS ALWAYS WORKED PROPERLY. UH, WE REROUTED IT JUST TO, UH, BE IN COMPLIANCE 'CAUSE UM, RICHARD VASQUEZ SAID TO GO AHEAD AND, AND REROUTE IT AND SEE IF IT'LL BE IN OUR FAVOR NOW. BUT, UM, BASICALLY, UH, WE DID THAT AND WE, THERE IS NO ISSUE ON HER CARPORT. UH, FOLKS, UH, THE ISSUE IS THE NEIGHBORING NEIGHBORS, THE, THE PLAINTIFF, UH, THEY HAVE A POOR DRIVEWAY THAT'S, UH, CONSTRUCTED POORLY, AND IT'S BROKEN. IT'S CRACKED, AND THERE'S PUDDLES AND EVERYTHING. I SENT PICTURES AS WELL ON THAT, AND THAT'S WHERE THE, THE RAINWATER ACCUMULATES FROM THEIR GUTTERS. IF SHE WAS TO REMOVE THAT GUTTER, IT WOULD CREATE A HARDSHIP ON HER, BECAUSE RIGHT NOW SHE'S SUFFERING FROM ANXIETY, P T S D, AND DOESN'T HAVE THE FUNDS TO KNOCK DOWN THAT SYSTEM. BUT SHE HAD THE MONEY TO BUILD IT AT SEVERAL YEARS BACK. NOW, SHE WAS NOT ABLE TO AFFORD TO TAKE IT DOWN, WHICH IS, I DON'T SEE A PROBLEM. AND IT, UH, OFFICER BLEDSO LOOKED AT IT. HE WENT OUT THERE AND HE SAID EVERYTHING WAS FINE. SO I LEAVE IT IN YOUR HANDS, FOLKS. OKAY. UH, THANK YOU. WE MAY HAVE SOME QUESTIONS. WE'RE GONNA SEE IF THERE'S ANY PUBLIC COMMENTARY. OKAY. UH, STAFF, IS THERE ANY PUBLIC COMMENTARY? NO PUBLIC COMMENT. ALL RIGHT. WELL THEN WE'LL OPEN THIS UP TO QUESTIONS. UH, BRAGMAN, COMMISSIONER BRAGMAN, UM, UM, YOU SAID THAT, WELL, LET ME ASK YOU THIS. HAVE THERE BEEN ANY CHANGES MADE TO THIS STRUCTURE SINCE SHE WAS HERE LAST YEAR? YES, MA'AM. THE GUTTER SYSTEM WENT FROM THE LEFT ONTO THE RIGHT ONTO HER PROPERTY. OKAY. SO ORIGINALLY THE GUTTERS WERE ON THE RIGHT HAND SIDE AS YOU'RE LOOKING AT THE STRUCTURE, AND NOW THEY'VE BEEN MOVED TO THE LEFT? NO, THEY WERE ON, IT WAS ON THE LEFT HAND SIDE WITH THE DOWNSPOUT GOING INTO HER DRIVEWAY. NOW IT'S MOVED TO THE RIGHT HAND SIDE, JUST THE DOWNSPOUT. MM-HMM. . OKAY. SO THE, THE GUTTER SYSTEM IS STILL THERE. IT'S JUST THE DOWNSPOUT WHERE THE WATER COMES OUT IS NOW ON THE RIGHT SIDE OF THE DRIVEWAY DRAINING ONTO HER PROPERTY? IT'S CLOSEST TO THE NEIGHBOR. OKAY, THANK YOU. MM-HMM. , IT'S DRAINING ONTO HER PROPERTY. COMMISSIONER ZUNA? YES. I WAS QUESTIONING HOW, HOW DID THIS CASE GET, UM, ORIGINATED? WHAT'S THE GENESIS OF THIS CASE? AND IF HE, IF THE CASE WAS NOT APPROVED LAST TIME, THEN WHAT WAS NOT A CORRECTION, I ACTION TAKEN OR JUST TRYING TO FIND OUT THE PROCESS OF HOW THIS CASE IS BEFORE US AGAIN. YEAH, THEY, THEY'RE ABLE TO REQUEST AGAIN TO SEE IF THE, IF THE OUTCOME CHANGES. BUT AS FAR AS WE'RE CONCERNED, THE CURRENT BOARD OF ADJUSTMENT DECISION STANDS, WHICH IS A DENIAL. AND SO HOW DID THIS CASE WAS RE REAPPLICATION BY THE APPLICANT? JUST PUT IT IN ANOTHER APPLICATION? YES. AND THEN THEY MOVED THE DOWNSPOUT TO THE OPPOSITE SIDE, UH, TO, TO KIND OF MITIGATE OR TO CORRECT. OKAY. THANK YOU. ANY OTHER QUESTIONS? CHAKA COMMISSIONER MINKA? YES. UH, SIR, YOU STATED THAT, UH, THE PROBLEMS IN THE OTHER NEIGHBOR? CORRECT. WHO'S SPEAKING RIGHT HERE. OKAY. SAY AGAIN? YOU STATED THAT THE PROBLEM WAS WITH THE OTHER NEIGHBOR. CORRECT. UM, I STATED THAT THEIR DOWN SPOT IS POINT ONTO THEIR PROPERTY, NOT, NOT MARY MCGEE'S. YES, I STATED THAT. AND YOU'RE BASING YOUR JUDGMENT ON THE WATER COLLECTING ON THAT DOWN SPOT, FLOODING THE WHOLE DRIVEWAY, FLOODING THEIR DRIVEWAY. DID YOU DO ANY MEASUREMENTS OR ANYTHING LIKE THAT FROM THE STREET OR JUST ASSUME AN ELEVATION IS THE WRONG WAY OR ANYTHING LIKE THAT? THAT YES, WE DIDN'T DO ANY MEASUREMENTS, BUT WE DID, WE, UH, WE, UH, PROVIDED PHOTOS OF THE DIFFERENCE IN THE DRIVEWAYS BETWEEN MARY [00:15:01] MCGEE'S AND THE NEIGHBORS. AND IT'S LIKE A FOUR INCH DIFFERENCE. AND IT SEEMS THAT THAT DRIVEWAY WAS JUST LITERALLY THROWN WITHOUT A FOUNDATION, WITHOUT ANY REBAR IN THERE. AND WITHIN TIME IT CRACKED AND IT MADE, UH, I ON THE DRIVEWAY. THANK YOU. AND THAT'S WHERE THE WATER GATHERS QUESTION. ANY OTHER QUESTIONS? UH, ZUNIGA? YEAH. FOR STAFF. OKAY. HE DIDN'T CHANGE ANYTHING AT ALL. HE JUST RESUBMITTED AN APPLICATION, IS THAT CORRECT? THERE WAS ONE THING CHANGED. IT WAS THE DOWNSPOUT WAS MOVED, THAT'S FROM THE LEFT SIDE TO THE RIGHT SIDE. OKAY. OKAY. WAS THERE EVER A SURVEY ON THIS? YES. THERE'S A SURVEY IN THERE AS WELL. AND, AND, AND, UH, OR JUST A PLOT? YES, SIR. IT WAS PART OF THE PACKET. IT'S THE SITE PLAN. OKAY. MM-HMM. , UH, YOU, YOU'RE, YOU'RE, UH, HERE AGAIN, WHAT, UH, YOU'RE BLAMING IT ALL IN THERE ON YOUR NEIGHBOR, WHERE WE'RE FOCUSING THIS BOARD, THEY'LL FOCUS ON YEAR UTILIZATION. EVIDENTLY YOU DIDN'T HAVE A, A GENERAL CONTRACTOR THAT WAS LICENSED OR SOMETHING TO COME AND COME HERE. AND, UH, I WAS ASKING FOR A SURVEY BECAUSE IN THERE, THERE WAS SOMETHING THAT THE PROPERTY WAS IRREGULAR OR WHATEVER, AND YOU HAVE ENOUGH SPACE, HE HAS ENOUGH SPACE TO MOVE THAT HE WOULDN'T HAVE HAD TO DO THAT AND PUT IT ON THE, SO, YOU KNOW, MAY, MAYBE THE PROBLEMS WITH THE NEIGHBOR IS ALL THAT WATER HAS BEEN SEEPING FROM HERE, BECAUSE I SEE THE NEIGHBOR, UH, FOUNDATION TOO, THAT, BUT COMING BACK TO YOU, THE ONLY THING YOU, YOU, UH, ON YOUR, UH, I LIKE TO ADDRESS ONLY WHAT'S IN VIOLATION HERE AND THERE WITH YOUR, OKAY, SO NOT THE NEIGHBORHOOD. UH, SO THE ONLY THING YOU, YOU, YOU PUT THE SPOUT SOMEWHERE ELSE TO RUN. NOW, UH, YOU KNOW, I, I CAN'T SEE, YOU KNOW, WHERE YOU ARE DEFENDING YOURSELF AND TO WHY YOU PUT THE COURT PORT THERE. IF THE CONTRACTOR TOLD YOU TO PUT IT THERE, OR YOU CAME TO THE CITY AND GOT A PERMIT, BUT YOU PROBABLY DIDN'T. AND YOU KNOW, THAT'S MY CONCERN. I, I DON'T WANT TO SHY AWAY, UH, AND GIVE THE SPOTLIGHT TO THE NEIGHBOR. WE'RE NEIGHBOR AIN'T IN VIOLATION. YOU ARE. RIGHT. SO I WOULD LIKE FOR, YOU KNOW, THE CHAIRMAN TO GIVE YOU A COUPLE OF MINUTES TO EXPLAIN THAT. OKAY. WHY YOU BELIEVE YOU'RE NOT IN VIOLATION. WELL, THERE WAS A PERMIT ISSUED AFTER THE FACT. MM-HMM. AND OFFICER ZEL WENT AND EXPECTED IT, AND HE SAID EVERYTHING LOOKED FINE, THAT IT WAS VERY WELL BUILT. NOW, WHAT THAT CARPORT DOES, UM, IT SERVES AS A BARRIER FROM THE HEAT FROM HITTING THE, THE KITCHEN AND THE DINING AREA BECAUSE THERE'S NO SHADE IN THAT AREA. AND IT REDUCES THE AMOUNT OF HEAT THAT'S COMING INTO THE HOME. AND IF IT WAS TO BE SET BACK AT THREE FEET, THEN THE POLES WOULD BE LITERALLY IN THE MIDDLE OF THE DRIVEWAY WHERE SHE WOULDN'T BE ABLE TO USE THE DRIVEWAY. OKAY. AND, AND QUESTION, LAST QUESTION HERE. YOU STATED THAT SOMEBODY FROM HERE, CODE COMPLIANCE TOLD, TOLD YOU THAT IT WAS OKAY THE WAY YOU HAD IT? YES. HE CAME IN. AND WHO WAS THE OFFICER? OFFICER BLETSO, GARY BLEDSO. IS THERE AN ANSWER FOR THAT? THERE IS. THERE IS A, UH, CURRENT PERMANENT INVESTIGATION, UM, AND THE PERMIT FOR THE ACTUAL CARPORT IS PENDING THE OUTCOME OF THIS HEARING. OH, OH, OH, OKAY. SO HE, HE GAVE ME THAT ANSWER. YEAH. SO THANK YOU VERY MUCH. LIKE I SAID, BUT I WANT TO KEEP THE FOCUS ON THE VIOLATION ON THE CHARGE, NOT THE NEIGHBOR. NEIGHBOR HAD. WELL, IT'S BECAUSE OF THE NEIGHBOR, SIR. IS THAT WHILE I'M STANDING THERE? WELL, OKAY. WE HAVE, WE HAVE ADDITIONAL QUESTION, COMMISSIONER KAPLAN. OKAY. TWO QUESTIONS. WHAT IS YOUR RELATIONSHIP TO THE OWNER? SHE IS MY SISTER. UH, SECOND YOU SAID THAT, UH, IT WOULD BE TOO EXPENSIVE. WHAT WOULD IT COST TO MOVE THE POLES? THREE FEET. I'M NOT SURE MA'AM, TO BE HONEST WITH YOU, BUT IF THEY DO GET MOVED TO FEET, THEY'RE GONNA BE IN THE MIDDLE OF THE DRIVEWAY. SHE, SHE WON'T BE ABLE TO UTILIZE THAT DRIVEWAY. UH, THEN I DON'T UNDERSTAND. IT SAYS HERE, AND NUMBER TWO, ON OUR RECOMMENDATION FROM THE STAFF, THAT STRUCTURE BEING THREE FEET FROM THE SIDE PROPERTY LINE WILL ALLOW AMPLE SPACE TO ACCESS VEHICLES. DOES THE STAFF WANNA ADDRESS THAT? SO, SO WHEN WE MAKE A ALTERNATE RECOMMENDATION, WE MAKE SURE THEY DO HAVE ENOUGH ROOM ACCORDING TO THE SURVEY. UM, THE WIDTH OF THIS IS 15.1 FEET. SO THE TWO FEET, WE'LL PUT IT AT 13 FEET. YEAH. THEY MAY HAVE TO SHIP THE DRIVEWAY OVER, SLIGHTLY OVER, UH, THE DRIVEWAY MAY NOT BE 15 FEET WIDE, BUT THEY HAVE 15 FEET OF ROOM. SO, SO [00:20:01] THERE'S 15 FEET, BUT THEN YOU HAVE TO BUILD THE DRIVEWAY AS WELL AS MOVING? UH, I DON'T THINK THAT WOULD BE POSSIBLE, TO BE HONEST. 'CAUSE IT'S RIGHT ON THERE. WHAT WE DID IS WE WENT WITH THE, UH, THE GARAGE THAT'S GRANDFATHERED IN, THAT IS LIKE A FOOT AWAY FROM THE ORIGINAL PROPERTY LINE. THERE'S A SECOND STRUCTURE THERE, AND WE WENT WITH THAT DRIP LINE. WHAT WE CAN DO, IF ANYTHING, IS LEAVE THE POLES WHERE THEY'RE AT AGAINST THE FENCE AND JUST CUT ON TOP A FOOT AND REROUTE, PUT THE GUTTER IN A LITTLE BIT MORE FOR ALL THE RAINWATER TO COME INTO ONTO HER PROPERTY AND THE DOWN SPOT, LEAVING IT ON THE RIGHT HAND SIDE STILL. WELL, WELL, THAT'S SOMETHING THE BOARD CAN CONSIDER WHEN WE'RE DELIBERATING. UH, IS THERE ANY OTHER QUESTIONS? BEN? CHACO, COMMISSIONER ALBERT, I HAVE A QUESTION FOR STAFF. I SEE THE NEIGHBORS IN OPPOSITION. DID THEY SUBMIT ANYTHING IN WRITING? RICHARD? UM, WHEN THEY, CAN YOU HEAR ME? SO WHEN THEY SUBMITTED THEIR OPPOSITION, UM, THEY JUST SUBMITTED THE, THE MAIL BACK. JUST THE IN OPPOSITION. OKAY. THEY DIDN'T EVEN HAVE ANY COMMENTS WITH IT. OKAY. THANK YOU, MAN. MR. MANNA QUESTIONS ALL ALSO STAFF. SO, UM, I, I'M TRYING TO FIND THE AUGUST 16TH, BUT I CAN'T SEEM TO FIND THE MEETING, UH, MINUTES. UM, AND THE QUESTION I HAD IS, YOU KNOW, UM, YOU KNOW, TYPICALLY WE SEE THE SAME TYPE OF RECOMMENDATION FROM THE CITY, AND WE KIND OF GO DOWN THAT PATH A LOT OF TIMES WITH REGARDS TO DOING THE SETBACKS AND THAT. AND SO, SO WAS IT A FLAT OUT, UH, UH, DENIAL PREVIOUSLY OR DID IT COME BACK WITH THE RECOMMENDATION, KIND OF WHAT CITY RECOMMENDED HERE AND BASICALLY WE'RE OUTTA COMPLIANCE WITH THAT? IT WAS A STRAIGHT DENIAL. OKAY. THANK YOU. UH, COMMISSIONER TEAL, MAY I ANSWER TO THAT? UH, NO, SIR. UM, THAT WAS THE STRAIGHT DENIAL, SIR, SIR, SIR, IT'S, IT'S, HOLD ON. WE SEE. HAVE MORE, UH, COMMISSIONER TEAL, DO YOU HAVE ANY QUESTIONS? NO. I JUST WANTED TO CONFIRM, YOU HAVE A TWO CAR GARAGE THERE ON THE PROPERTY? YES, THAT IS CORRECT. SO THE CARPORT'S NOT NECESSARY. UM, THE CAR, THE, THE CARPORT IS NOT FUNCTIONAL. UM, IT, UM, IT NEEDS TO REPAIRS THE GARAGE. THE GARAGE, EXCUSE ME, THE GARAGE IS NOT FUNCTIONAL. UM, IT NEEDS TO BE REPAIRED. UH, IT NEEDS A LOT OF WORK IN IT. UH, SHE'S PROBABLY GOING TO, UH, REBUILD IT, BUT SHE WANTS TO MAKE IT INTO A WORKSHOP. OKAY. UH, IS THERE ANY OTHER QUESTIONS? MIN CHAKA, COMMISSIONER MIN CHAKA, UH, SIR, ON THAT PICTURE, WE HAVE A CARPORT WITH A BEWARE A DOG, PARDON ME IN THE FRONT WHERE THE GATES ARE. CAN YOU BRING THAT PICTURE UP? YOU OKAY. UH, WHAT I THINK I'M UNDERSTANDING HERE IS THAT THAT SAYS THE WHOLE CARPORT WAS DIS WAS BUILT FROM THE FRONT TO THE BACK AND THE SPACE BETWEEN THE CARPORT EDGE OF THE ROOF ON THE RIGHT TO THE WALL TO THE HOUSE, THAT WAS NEGLECTED AS A CARPORT. SO YOU'RE SAYING YOU DON'T WANNA MOVE THAT SECTION OF THE CARPORT TO THE CLOSER TO THE HOUSE? WE ARE NOT ABLE TO BECAUSE, UM, I WISH I HAD A LASER POINTER, UH, BECAUSE IF IT'S MOVED. OH, THANK YOU. IF THAT IS MOVED. CAN Y'ALL SEE IT? MM-HMM. , BECAUSE I CAN'T, PUSHING THE BUTTON. YEAH, I'M PUSHING THE BUTTON. OKAY, COOL. ALRIGHT. OKAY. IF, IF IT, IF THOSE POSTS THAT ARE RIGHT THERE ARE MOVED BY ONE FOOT, SEE THE DISTANCE BETWEEN THE OPENING RIGHT HERE AND RIGHT HERE, A CAR CAN'T BE ABLE TO DRIVE, WE WON'T BE ABLE TO DRIVE A CAR INTO THAT DRIVEWAY ANYMORE. UH, IF ANYTHING, FOLKS, IF IT'S NOT GOING IN OUR FAVOR, WHAT I I'M PROPOSING IS WE CUT ON TOP ALL THE WAY, ONE FOOT TO WHERE THAT GLOOM IS ONE FOOT SHORT, AND THEN WE'LL PUT IT, WE'LL INSTALL A NEW FACING ON THERE AND PUT THAT GUTTER ONE FOOT IN WITH ROUTING THIS WAY STILL AND ONTO HER PROPERTY. OKAY. SO I, I HAVE A QUESTION. YOUR, YOUR DRIVEWAY IS, THE EDGE OF YOUR DRIVEWAY IS LOCATED, HOW FAR AWAY FROM YOUR HOUSE? THE EDGE OF THE DRIVEWAY? FROM THE HOME? FROM THE STREET? NO, IF I'M RIGHT BEFORE I GET INTO THE FENCE, IT SAYS, BEWARE OF DOG UHHUH, . HOW FAR AWAY IS THAT? FROM THE SIDE OF THE, OF THE HOME? FROM THE RIGHT HERE. THIS CORNER RIGHT HERE? YEAH. OKAY. I WOULD GIVE YOU AN ESTIMATING, UH, GUESS OF PROBABLY IT LOOKS LIKE TWO OR THREE FEET. UH, IT'S A LITTLE BIT MORE THAN THAT, SIR. OKAY. SO IT'S, IT, IT, WOULDN'T IT ALSO BE PRACTICAL TO ADD A, A THREE FOOT SECTION ON THE SIDE OF THAT DRIVEWAY, UH, FOR, FOR A LITTLE SPELL THERE, AND THEN TO SHIFT THIS WHOLE THING OVER TO MEET STAFF'S RECOMMENDATION? I KNOW IT'S EXPENSIVE. I, I KNOW IT'S NOT SOMETHING THAT YOU, YOU KNOW, WANT TO DO, [00:25:01] BUT, UM, YOU KNOW, WE'RE JUST PUTTING THAT OUT THERE. STAFF IS, IS OFFERING THAT TO US AS A RECOMMENDATION. YEAH. IF ANYTHING, IF YOU KNOW THAT, YOU KNOW, WE CAN WORK WITH THAT IF, BUT, UH, YOU'D HAVE TO DRAW ME UP A PLAN TO SEE WHAT EXACTLY YOU NEED. OKAY. AND WE CAN GO BY THAT. WELL, THAT ANSWERS MY QUESTION. IS THERE ANY MORE ADDITIONAL QUESTIONS? YES. MR. CHAIRMAN, COMMISSIONER AMANDA, AND THEN ZUNIGA A QUESTION FOR STAFF AGAIN. SO, SO I THINK I HEARD, UH, IT WAS MEASURED 13 FOOT WITH REGARDS TO THE, THE, THE, THE COVER THERE ACCORDING TO THE, UH, SIDE PLAN'S 15.1 FEET, SO 15, SO, SO WHERE'S THE 15 FOOT, SIR? 15 FOOT. RIGHT. SO I'M JUST TRYING TO UNDERSTAND. SO, SO, SO YOU KNOW, TYPICALLY, YOU KNOW, A A NINE FOOT COVER, YOU KNOW, COVERS THE CAR. SO YOU WERE SAYING IF YOU MOVED IT OVER ANY, YOU WOULDN'T BE ABLE TO PAR PARK THERE ANYMORE, RIGHT. SO JUST TRYING TO UNDERSTAND THAT. RIGHT. UHHUH, THE CAR WOULD NOT BE ABLE TO DRIVE IN THROUGH THERE. AND THERE IS A FRONT DOOR RIGHT THERE, UH, THE SIDE DOOR. ZUNIGA, DID YOU, UH, COMMISSIONER, DID YOU HAVE A QUESTION? YEAH. FOR STAFF. GOOD. UH, AN APPEAL THAT THEY CAN COME TO THE BOARD BEFORE A HEARING IS OVER OR DO WITH ADDITIONAL INFORMATION OR A PERSON CAN WALK OUTTA HERE AND ASK FOR ANOTHER HEARING, YOU KNOW, THE SAME DAY? OH, I SAID A 12 MONTHS PERIOD WHERE YES, I BELIEVE IT IS A 12 MONTH PERIOD. IT WAS THIS A 12 MONTH PERIOD IN 20, IT WAS IN 12 MONTHS. YEAH, 20. UH, 20. AND THE ONLY ADDITIONAL INFORMATION WAS THAT, UH, HE MOVED THE SPOUT DOWN, SPOUT ONE SIDE TO ANOTHER. SIR, YOU NEED CRITICAL. OH, EXCUSE ME, SIR. OKAY. AND, UH, I GO ALONG WITH MR. CHAIRMAN'S, UH, IDEA, YOU KNOW, YOU WOULD HAVE TO COME BACK AGAIN I GUESS IN A YEAR, BUT MOVE IT CLOSER TO THE HOUSE, YOU KNOW? OKAY. THANK YOU. SO SIR, WHAT'S GONNA HAPPEN NOW IS WE'RE GONNA BE DELIBERATING THIS. UH, SO IF YOU COULD TAKE A SEAT. UM, I'M LOOKING FOR A MOTION ON THIS CASE. NO MOTION. OKAY. I'M SORRY. WE HAVE, UH, MAN, MAN, ARE YOU GONNA MAKE ONE? I SEE PEOPLE SHUFFLING. SURE. MANNA. COMMISSIONER MANNA. MR. CHAIRMAN, IF THERE'S NOT A MOTION, IT DIES OR THERE'S A MOTION. A MOTION. OKAY. YEAH. UM, REGARDING CASE NUMBER BO 8 2 2 1 0 3 0 0 0 1 8, I MOVED AT THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A TWO FOOT VARIANCE FROM THE MINIMUM CARPORT TO BE, UH, THREE FOOT FROM THE SIDE PROPERTY LINE SITUATED AT 2 2 3 WEST MAYFIELD BOULEVARD. APPLICANT BEING MARY MCGEE. HE, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDMENT WOULD RESULT IN A UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. UH, THE APPLICANT, UM, SEE A VARIANCE OF, UH, THREE FOOT FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT WILL ALLOW A CARPORT, UH, TO BE TWO FEET FROM THE SIDE. PROPERTY LINE IS NOT CONTRARY TO THE PUBLIC INTEREST. UH, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN A PROPERTY OWNER POSSIBLY HAVING TO REPLACE A CARPORT AND CONFIRMS THE FIVE FOOT SIDE SETBACK. THREE. BY GRANTING THE VARIANCE, THE SPARE OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE VARIANCE FOR THE COVERED PATIO WAS POSSIBLY ERECTED FOR PROTECTION OF THE WEATHER ELEMENTS AND FOR PROTECTION OF THE ITEMS THAT WILL BE REPLACED UNDER THE STRUCTURE. THIS WILL NOT ADVERSELY AFFECT SURROUNDING PROPERTIES AND IMMEDIATE AREA. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH, UH, VARIANCE IS LOCATED. NO OTHER USES THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED FOR THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT IN WHICH IS PROPERTY IS LOCATED. STAFF FINDS REQUEST IS APPROPRIATE, IS APPROPRIATE ENOUGH SPACE AWAY FROM THE ADJACENT PROPERTY LINE, AND IS LIKELY TO NOT NEGATIVELY AFFECT THE ADJACENT NEIGHBORING PROPERTY. UH, SIX, APPLY TO THE O PROPERTY. THE APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THIS VARIANCE IS SOUGHT IS 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 THE PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE, APPLY TO THE OWNER OF THIS PROPERTY FOR WHICH VARIANCE IS SOUGHT, IS DUE TO THE SMALL SIZE OF THE LOT, AND IT'S NOT MERELY FINANCIAL NATURE AND A MOTION. SECOND, I HAVE A MOTION AND A SECOND BY COMMISSIONER KAPLAN, UH, COMMISSIONER MANNA. UM, SO, SO I, UM, YOU KNOW, ONE THING THAT WE ALWAYS TALK ABOUT IS ENSURING THAT WE HAVE ADEQUATE SPACE IN BETWEEN [00:30:01] PROPERTIES FOR, UM, FOR SUPPORT. AND I THINK BY PUSHING THIS BACK, UH, BY THE AMOUNT THAT WE SPECIFIED BY, UH, ALLOWING FOR A TWO FOOT SETBACK, A THREE FOOT VARIANCE, UM, WOULD PROVIDE THAT. UM, AND THEN ALSO ALLOWS THEM TO, UH, UH, I GUESS CONTINUE TO, UH, LEVERAGE THE OTHER SIDE OF THE PROPERTY AS WE TALKED ABOUT IN THIS MOTION OR PRIOR TO THIS MOTION. SO I'LL BE READING OR APPROVED AS READ. THANK YOU COMMISSIONER KAPLAN. APPROVED AS READ OR I'M GONNA PROVE THIS AS I, AS I JUST STATED IT, SO, OKAY. I, I WOULD LIKE TO SEE THE, UH, SIDE MOVED TWO FEET AS THAT'S WHAT, THAT'S WHAT I READ. TWO FOOT. YEAH. SO I SAID STU YES, I WILL AGREE. I WILL AGREE WITH THAT. ALRIGHT. ANY, ANY OTHER COMMISSIONERS LIKE TO COMMENT? TE COMMISSIONER TEAL? UH, YEP. I THINK, UH, I'LL BE IN A SUPPORT OF THE MOTION AS READ. I THINK THERE'S MORE THAN ADEQUATE SPACE TO PULL A VEHICLE IN. I HAVE A NINE AND A HALF FOOT WIDE DRIVEWAY THAT FITS A LARGE F ONE 50. UH, SO I THINK CUTTING THIS BACK AND, UH, HAVING THE WATER DRAIN ON THEIR PROPERTY AS WELL AS GIVING, UH, THE ACCESS TO SPACE, UH, AND, AND VISION WILL BE MORE THAN ENOUGH FOR THEM TO BE ABLE TO PARK THE VEHICLE. ALL RIGHT. COMMISSIONER, COMMISSIONER ZUNA, JUST WANNA CONFIRM. SO HIS PLAN IS TO KEEP THE POLLS WHERE THEY ARE AND JUST KIND OF PEEL BACK. I MEAN, THAT'S, THAT, THAT WAS NOT THE MOTION. YEAH, THAT'S NOT WHAT THE MOTION WAS. SO, RIGHT. THAT MAY NOT WORK WITH THE APPLICANT, BUT UNDERSTOOD. OKAY. CHANGE IF THERE'S NOT, IF THERE'S NOTHING ELSE, UH, STAFF ROLL CALL, VOTE PLEASE. MR. MANNA. I APPROVE. MS. KAPLAN. I APPROVE. THE MOTION IS READ. MR. SPIELMAN. I DO NOT CONCUR. MR. ALBERT. I APPROVE MR. MANCHACA. I APPROVE MR. ZUNIGA. NO, MS. CRUZ. I CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. TEAL. YES, I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES NINE TO TWO. UH, SIR, IF YOU CAN GET WITH STAFF, THEY'LL EXPLAIN, UH, YOU KNOW, WHAT WE, WHAT WAS ACTUALLY DECIDED ON, BUT THE POSTS ARE GONNA HAVE TO BE MOVED OVER JUST JUST TO SO YOU'RE AWARE. UH, NEXT CASE. GOOD AFTERNOON. ITEM NUMBER FOUR IS FOR CASE B O A DASH 22 DASH 0 3 0 0 6 3. LOCATED AT THREE 11 BICKLEY STREET WITHIN COUNCIL DISTRICT THREE, THE APPLICANT BEING TEMP, UH, PARIS IS A REQUEST FOR ONE A THREE FOOT EIGHT INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW CARPORT WITH A ONE FOOT OVERHANGING GUTTERS TO BE ONE FOOT FOUR INCHES FROM THE SIDE PROPERTY LINE. AND TWO, A ONE FOOT FOUR INCH SPECIAL EXCEPTION FOR THE MAXIMUM SIX FOOT FENCE HEIGHT TO ALLOW A SOLID SCREEN FENCE TO BE SEVEN FEET, FOUR INCHES TALL ALONG THE SIDE PROPERTY LINE. THE PROPERTY IS OWNED. OUR FOUR RESIDENTIAL SINGLE FAMILY DISTRICT. THE PROPERTY IS, UM, HAS A SINGLE FAMILY RESIDENCE AND IS LOCATED NEAR STINSON AIRPORT ON THE SOUTHERN PART OF SAN ANTONIO. THE REQUESTED VARIANCE IS TO ALLOW THE REPLACEMENT OF AN EXISTING CARPORT THAT DOES NOT MEET THE MINIMUM FIVE FOOT SETBACK REQUIREMENT. THE PROPERTY OWNER'S PLAN IS TO ALSO EXTEND THE CARPORT TOWARDS THE FRONT, PROPOSING A SIDE SETBACK OF ONE FOOT FOUR INCHES. THE CODE, THE CODE REQUIREMENT, UH, REQUIRES A MINIMUM, UH, 10 FOOT FRONT SETBACK AND A MINIMUM FIVE FOOT SIDE SETBACK FOR AN ATTACHED CARPORT. DURING THE SITE VISIT, STAFF OBSERVED A WOOD PRIVACY FENCE ALONG THIS SIDE PROPERTY LINE THAT MEASURED SEVEN FEET FOUR INCHES IN HEIGHT. THE MAXIMUM HEIGHT ALLOWED FOR A SOLID SCREEN FENCE IS SIX FEET. THE FENCE IS BEHIND THE FRONT FACADE OF THE RESIDENCE. THIS IS A SITE PLAN, UH, SUBMITTED BY THE APPLICANT. THE, UH, SUBJECT PROPERTY, THE LOCATION OF WHERE THE PROPOSED CARPORT WILL GO. THE, UH, SEVEN FOOT FOUR INCH, UH, FENCE, THE SIDE SETBACK. AND THEN YOU CAN SEE HERE THE OVERHANG ON THAT EXISTING CARPORT. AND THEN THIS IS A MEASUREMENT TAKEN FOR THE WOOD PRIVACY FENCE. THE SURROUNDING AREA REGARDING THE SIDE SETBACK VARIANCE, STAFF RECOMMENDS DENIAL BASED ON THE FOLLOWING FINDINGS. ONE, THE CARPORT IS CURRENTLY ONE FOOT FOUR INCHES FROM THE SIDE PROPERTY LINE TWO, THE CARPORT MAY ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED. THREE, THE CARPORT CAN BE RELOCATED TO THE FRONT OF THE RESIDENCE TO MEET THE SETBACK REQUIREMENTS REGARDING THE FENCE. SPECIAL EXCEPTION STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING FINDINGS OF FACT. THE SEVEN FOOT [00:35:01] FOUR INCH FENCE WILL ADD ADDITIONAL SECURITY AND PRIVACY TO THE SUBJECT SITE AND IMMEDIATE AREA. TWO WOOD PRIVACY FENCES ARE OBSERVED WITHIN THIS SURROUNDING AREA. AND THREE, THERE IS AN ALLEYWAY LOCATED TO THE REAR OF THE SUBJECT PROPERTY. WE MAILED OUT 36 NOTICES. UM, RIGHT BEFORE THE MEETING BEGAN, WE DID RECEIVE ONE IN FAVOR FOR 2 3 4 BICKLEY, UH, ZERO OPPOSED. AND THERE IS NO NEIGHBORHOOD ASSOCIATION REGISTERED FOR THE AREA. THIS CONCLUDES STAFF'S PRESENTATION WHEN WE DO HAVE A REPRESENTATIVE HERE TO SPEAK ON THE CASE. OKAY. BEFORE YOU GO, UH, I NOTICED IN ONE OF THE PICTURES THAT THE FENCE AND THE CARPORT SUPPORTS ARE HOOKED TOGETHER. LIKE THE CARPORT SUPPORTS ARE SOMEHOW HOLDING UP THE FENCE. DOES THAT CHANGE IT FROM BEING VIEWED AS A FENCE IF THEY'RE, IF THEY'RE A JOINT STRUCTURE LIKE THAT? WELL, I DO KNOW THAT THE CARPORT WAS DEMOLISHED SINCE, MAYBE SINCE WE'VE TAKEN THE PICTURES, BUT MAYBE THE REPRESENTATIVE CAN CONFIRM THAT. OKAY. I WAS JUST CURIOUS IF THAT'S VIEWED AS SOMETHING OTHER THAN A FENCE IN A CARPORT. IF THEY'RE HOOKED TOGETHER LIKE THAT. OKAY. ALL RIGHT. THANK YOU VERY MUCH. OKAY, THANKS. UH, IS THE APPLICANT PRESENT REPRESENTATIVE? YES, SIR. UH, PLEASE STATE YOUR NAME AND LET US KNOW ABOUT YOUR CASE. I'M REPRESENTING ACE QUALITY AND THE HOMEOWNERS. OKAY. UM, THE HOMEOWNERS ARE REQUESTING JUST TO REBUILD AN EXISTING CARPORT THAT'S BEEN THERE FOR OVER 40 YEARS. IT'S A ENGINEER DESIGN STRUCTURE. UM, IT'S GONNA LOOK, UM, UH, ARCHITECTURALLY IT'S A NICE STRUCTURE AS A V V POINT ON IT. UM, AND IT'S ALSO A, A HEAT BARRIER AND A, UM, UH, WEATHER BARRIER. UM, TO PROTECT THEM. UH, THERE'S ONLY 12 FEET FROM THE HOUSE TO THE PROPERTY LINE. SO THE EXISTING STRUCTURE NEEDS, UM, THAT THEY'RE TRYING TO, UH, GET A VARIANCE FOR, UH, GIVES THEM JUST ENOUGH ROOM TO GET IN AND GET OUT THERE. THEY'RE ELDERLY, THEY'RE MY IN-LAWS. THEY'RE 79 YEARS OLD. AND TO, FOR THEM TO GET IN AND OUT, IT, IT HELPS 'EM. PLUS THE HEAT, UH, THE SUN, THE HOUSE FACES SOUTH. SO WHEN THE SUN'S SET, IT HITS THE, UH, THE WHOLE SIDE OF THE HOUSE THAT YOU, THAT, THAT YOU SAW EXPOSED. ALRIGHT. UH, THANK YOU VERY MUCH. IT IT HOLD THAT ONE SECOND. STAFF. IS THERE ANY, UH, ADDITIONAL PUBLIC COMMENTARY, ANYONE SIGNED TO SPEAK? THERE'S NO PUBLIC COMMENT OR VOICEMAILS. ALRIGHT, WE'RE GONNA OPEN THIS UP TO COMMISSIONER QUESTIONS. ANYONE LIKE TO START TEAL? UH, COMMISSIONER THIEL, I CAN WE BRING UP ON THE SCREEN THE PICTURE THAT SHOWS THE DRIVEWAY HEADING TOWARDS THE BACK OF THE HOME. PERFECT, THANK YOU. SO RELATIVE TO THIS, THERE WAS AN EXISTING CARPORT WHERE THESE POSTS ARE? YES. OKAY. AND THEN, YEAH, THEY'RE GOING TO TAKE THOSE OUT. AND THEN THE SPOT AT THE REAR OF THE HOME, IS THAT COME DOWN TOO OR IS THAT, THAT'S REMAINING ASS? NO, THAT'S THE SAME. OKAY. SO THE, THE, YOU'D BE INSTALLING A NEW CARPORT IN THIS SECTION WHERE THE PREVIOUS CARPORT WAS. PREVIOUSLY IT WAS A SHED ROOF STYLE. NOW IT'LL HAVE A PITCH OR EXCUSE ME, A YES. OKAY. YEAH. EXCELLENT. I ONLY HAVE THE ENGINEER PLAN FOR IT. OKAY. AND THEN DO YOU ALL PLAN TO INSTALL GUTTERS? YES. OKAY. THANK YOU. ALRIGHT. AND SO MY ONLY, MY ONLY QUESTION IS, IS THAT YOU'RE, THIS THING IS SHOWN TO BE ABOUT 22 FEET LONG, IS THAT CORRECT? YES, THE LENGTH OF THE WALL. OKAY. THANK YOU. IS THERE ANY OTHER QUESTIONS? MANNA, COMMISSIONER MANNA? SO RE UH, REGARDING THE PITCH, SO, SO CURRENTLY IT LOOKS LIKE THE SIDE, THE SIDE HOUSE HAS A PITCH GOING FRONT TO BACK. IS THAT THE PITCH THAT YOU'RE GONNA FOLLOW IS YEAH, IT'S GONNA FOLLOW THE SAME PITCH. SO, OKAY. AND THEN WITH REGARDS TO THE FENCING, SO, UM, SO IS THERE A REASON WHY IT'S, WHY IT'S CURRENTLY ABOVE THE HEAT BARRIER? I'M SORRY. THEY, THEY, THEY EXTENDED IT UP TO BLOCK THE SUN FROM, UH, HITTING THE HOUSE. 'CAUSE ONCE IT GETS TO A CER, THE NEIGHBOR'S HOUSE IS A ONE STORY. SO ONCE IT GETS UNDERNEATH THE CARPORT, IT STILL HITS THE HOUSE. THAT'S WHY THE, THE FENCE WAS EX EXTENDED UP. OKAY. YEAH. 'CAUSE I DIDN'T SEE LIKE ANY OTHER PEOPLE ALONG THAT LINE HAVING, I GUESS A SIMILAR STRUCTURE. SO I GUESS JUST A LITTLE CONCERNED WITH THAT. SO. ALRIGHT. ANY OTHER QUESTIONS? UH, COMMISSIONER MINKA? UH, SIR, WHY THE SEVEN FOOT FENCE? WHY NOT IN THE BACK AND JUST ON THE SIDE, WHAT IS THE DEAL ABOUT THE SEVEN FOOT FENCE? OH, 'CAUSE THE SUN HITS THE, THAT SIDE OF THE HOUSE IN THE EVENING. SO THAT'S WHY THEY EXTENDED THE FENCE UP JUST TO BLOCK THE SUN. UH, THE WHOLE FENCE. THEY, THEY, YEAH. 'CAUSE THE OTHER CARPORT CAME DOWN AND THEY WENT UP, AS YOU CAN SEE IN THE BACK THAT THE FENCE WENT UP TO UNDERNEATH THE OTHER CARPORT JUST TO BLOCK THE TOTAL, YOU KNOW, BLOCK THE BLOCKAGE OF THE SUN. AND A QUESTION FOR STAFF. AND YOU SAID, YOU SAID YOU ALL HAVE SEEN SOME FOOT FENCES OUT THERE IN THAT, UM, AREA. WHILE WE DIDN'T SEE ANY FENCES OVER THE SIX FOOT, WE DID SEE, UM, WOOD PRIVACY FENCES THROUGHOUT AND THERE IS AN ALLEYWAY LOCATED TO THE REAR. SO THE ALLEYWAY, THEY WOULD BE PERMITTED IN EIGHT FOOT FENCE BY RIGHT. OKAY. SO A FOLLOW UP QUESTION THAT, SO ANOTHER REASON FOR THE HEIGHT IS BECAUSE THE HEIGHT OF YOUR CARPORT [00:40:01] IS GONNA BE HIGHER THAN YOUR EXISTING CARPORT. OKAY. YOU JUST, OKAY, GOT IT. ANY OTHER QUESTIONS? ONE MORE, UH, COMMISSIONER MAN, CHAKA. OH, THE DRAINAGE. DID YOU SAY THAT IT IS GOING TO HAVE LIKE A, I GOT IT LIKE A GABLE ON IT? YES. AND BOTH SIDES WILL DRAIN TO THE FRONT OR TO THE BACK? YEAH. YEAH. ALONG, ALONG THE, WELL THE, THE CONCRETE'S GONNA DRAIN ONTO THE CONCRETE ON THEIR, ONTO THEIR DRIVEWAY. THANK YOU. ALRIGHT. UH, SO WITH THAT, IF THERE'S NOTHING ELSE, I'M LOOKING FOR A MOTION O ZUNA COMMISSIONER ZUNA REGARDING CASE NUMBER BO O A DASH 22 DASH 0 3 0 0 0 63. I MOVED AT THE BOARD OF ADJUSTMENTS GRAND REQUEST FOR A THREE FOOT EIGHT INCH VARIANCE FROM THE MINIMUM FIVE FOOT SET SIDE SETBACK REQUIREMENT TO ALLOW A CAR PARKED WITH A ONE FOOT OVERHANG AND GUTTERS TO BE ONE FOOT FOOT INCHES FROM THE SIDE PROPERTY LINE SITUATED THREE 11 BICKLEY STREET, A APPLICANT BEING TIM PARIS. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C HAS AMENDED WOULD RESULT IN NON NECESSARY HARDSHIP. SPECIF. SPECIFICALLY, WE FIND THAT ONE THE VARIANCE IS NOT CONTRACT TO THE PUBLIC INTEREST. UH, BECAUSE THE STRUCTURE WILL MAINTAIN A MINIMUM FRONT SETBACK REQUIREMENT AND WILL HAVE GUTTERS INSTALLED TO AVOID WATER RUNOFF TO THE NEIGHBOR'S PROPERTY. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP BECAUSE IT WOULD RESULT IN THE STRUCTURE HAVING TO MAINTAIN FIVE FOOT TO THE SIDE PROPERTY LINE, WHICH WILL RESULT IN NOT BEING ABLE TO CONSTRUCT A CARPORT ALONG THE SIDE OF THE RESIDENCE. THE UNNECESSARY HARDSHIP IS DUE TO NOT HAVING A SIZABLE SIDE YARD. THREE, BY GRANTING THE VARIANCE OF SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED VARIANCE WILL ALLOW A STRUCTURE TO BE ONE FOOT FOUR INCHES FROM THE SIDE PROPERTY LINE AND WILL MAINTAIN GUTTERS AND REQUIRE TO BE MADE OF FIRE RATED MATERIALS BECAUSE OF THE WIDTH OF THE LOT AND THE PLACEMENT OF THE RESIDENTS. MAINTAINING A FIVE FOOT SITE SETBACK IS NOT ATTAINABLE FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THE PRO WHERE THE VARIANCE IS LOCATED AS THE PROPERTY IS OWNED. R FOUR AND THE USE OF THE PROPERTY IS A SINGLE FAMILY DWELLING 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 RESIDENCE IS OBSERVED IN THE IMMEDIATE AREA HAVE SIMILAR CARPORTS, THEREFORE, MAINTAINING A ONE FOOT FOUR INCH SITE SETBACK DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. SIXTH PLIGHT TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SAW IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND NOT MERELY FINANCIAL, NOT DUE TO THE RESULT OF GENERAL CONDITIONS. AND THE SEQUENCE THE PROPERTY IS LOCATED, IT APPEARS TO PLIGHT TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SAW IS DUE TO THE HAVING A SMALL SIDE YARD PREVENTING THE PROPOSED CARPORT TO MAINTAIN A FIVE FOOT SIDE SETBACK. THE VARIANCE REQUEST IS NOT MERELY FINANCIAL END OF THAT MOTION. SECOND, WE HAVE A MOTION, WE HAVE A MOTION A SECOND BY COMMISSIONER THIEL. COMMISSIONER ZUNA? YES. SO I'M GONNA SUPPORT THE MOTION. FIRST I'D LIKE TO APPLAUD THE APPLICANT FOR COMING BEFORE, BEFORE THE BOARD FOR THE VARIANCE, BEFORE THE STRUCTURE IS UNDER CONSTRUCTION. I MEAN, THAT'S DOESN'T HAPPEN OFTEN, SO THANK YOU FOR DOING THAT. AND GIVEN THE GUTTERS AND THE UM, UH, NO OPPOSITION FOR THE MOST AFFECTED, UH, NEIGHBOR, UM, SUPPORTING THE MOTION COMMISSIONER THIEL, I'M IN AGREEMENT WITH MY COLLEAGUE AND WITH THE PITCH MOVING FORWARD AND BACKWARD IN THE WATER RUNOFF, UH, REMAINING ON THE OWNER'S PROPERTY, UH, ANOTHER REASON TO SUPPORT. THANK YOU. ALRIGHT, ANY OTHER COMMISSIONERS' LIKE TO ADD, UH, HEARING NONE, UH, LET'S HAVE A ROLL CALL. VOTE PLEASE. MR. UNA. I CONCUR. MR. THI YES, I CONCUR WITH THE FINDINGS OF FACT. MR. SPILLMAN. I CONCUR. MR. ALBERT I CONCUR. MR. MANCHACA I CONCUR. MR. ZUNIGA. I CONCUR. MS. CRUZ I CONCUR. MR. MANO. 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 CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 11 TO ZERO. UH, NOW WE NEED A MOTION ON THE SPECIAL EXCEPTION FOR THE FENCE SITE COMMISSIONER ZUNA REGARDING CASE NUMBER BOA DASH 22 DASH 0 3 0 6 3. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A ONE FOOT FOUR INCH SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT HEIGHT FENCE TO ALLOW A SOLID SCREEN FENCE TO BE SEVEN FOUR INCHES TALL ALONG THE SIDE OF THE PROPERTY LINE SITUATED AT THREE 11 BICKLEY STREET, APPLICANT BEING TIM PETTUS BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SO SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE LITERAL ENFORCEMENT OF PROVISIONS THE U D C HAS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT A, THE SPECIAL EXCEPTION WILL, WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER BECAUSE THE PROPOSED SOLID SCREEN FENCE IS ONLY LOCATED ALONG THE SIDE YARD BEHIND THE FRONT FACADE OF THE RESIDENCE BE THE PUBLIC WELFARE AND CONVENIENCE, UM, WILL SUBSTANTIALLY SERVE BECAUSE THE, THE FENCE IS LESS THAN EIGHT FOOT TALL AND THE PROPERTY HAS AN ALLEYWAY LOCATED ALONG THE REAR OF WHICH OTHERWISE WOULD GIVE THE APPLICANT THE RIGHT TO CONSTRUCT AN EIGHT FOOT FENCE ON THAT BACK PROPERTY LINE. SEE, THE NEIGHBORING PROPERTY WILL NOT SUBSTANTIALLY INJURED, BUT SUCH PROPOSED USE BECAUSE THERE ARE OTHER SOLID SCREEN FENCES LOCATED IN THE IMMEDIATE AREA AND EIGHT FOOT FENCE IS PERMITTED BY RIGHT ALONG THE REAR PROPERTY LINE DUE TO THE ALLEYWAY. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT'S LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. BECAUSE THE FENCE IS NOT LOCATED PAST THE FRONT OF THE RESIDENCE, IT IS MADE OF WOOD. [00:45:01] A PERMITTED CONSTRUCTION MATERIAL, EITHER SPECIAL EXCEPTION, WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED BY THE SPECIAL DISTRICT. BECAUSE THE CURRENT ZONING PERMIT PERMITS THE CURRENT USE OF A SINGLE FAMILY HOME, THE REQUESTED SPECIAL EXEMPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THIS DISTRICT. END OF MOTION. SECOND. SECOND BY COMMISSIONER THIEL. COMMISSIONER ZUNA. I'M SUPPORTING THE MOTION AGAIN. NO OPPOSITION. UM, THE APPLICANT PROVIDED TESTIMONY THAT IT'S SCREENED FOR THE SUN AND, UM, IT THE OTHERWISE WOULD HAVE A RIGHT ON THE REAR FOR AN EIGHT FOOT FENCE. COMMISSIONER THIEL, AGAIN, I'M IN AGREEMENT WITH MY COLLEAGUE. UH, THE SEVEN FOOT PLUS FENCE HAS EXISTED ON THE SITE FOR QUITE A LONG TIME WITHOUT ISSUE. SO I DON'T THINK THERE'S ANY PROBLEMS WITH THE NEIGHBORS OR THINGS LIKE THAT, SO I WILL BE IN SUPPORT. ALL RIGHT, THANK YOU. IS THERE ANY OTHER COMMISSIONERS LIKE TO ADD MANNA? COMMISSIONER MANNA? YEAH, I'M STRUGGLING A LITTLE BIT HERE SO, AND I REALLY ACTUALLY I DIDN'T HEAR THAT HAD BEEN THERE FOR QUITE SOME TIME, BUT YEAH. UM, YOU KNOW, I GUESS I'D HAVE TO GO BACK AND TAKE A LOOK AND SEE THROUGH THE YEARS, BUT, YOU KNOW, I DROVE DOWN THE STREET, DIDN'T SEE ANYBODY ELSE WITH A SWIM FOOT SIDE FENCE, YOU KNOW? YES. EIGHT FOOT ON THE BACK, BUT, YOU KNOW, STILL TRYING TO FIGURE OUT. UM, AND ANYWAYS, SO STILL STRUGGLING. COMMISSIONER MANCHACA, I'M HAVING AN ISSUE WITH THAT TOO. UM, UH, IT SAYS SECURITY AND PRIVACY THE WAY IT'S WRITTEN UP, BUT HE'S TALKING ABOUT THE SUN AND THIS SUN FENCE BEING THAT HIGH. UH, JUST DON'T, DON'T AGREE WITH THAT SO FAR. OKAY. ANYONE ELSE? WELL, I'M GONNA CHIME IN. UH, I DIDN'T HAVE A PROBLEM WITH IT ONLY BECAUSE IT DOESN'T GO PAST THE FRONT OF THE HOME AND BECAUSE THERE'S A, A NICE SUBSTANTIAL, UH, DISTANCE OF, OF, OF PROPERTY BETWEEN THE EDGE OF HIS DRIVEWAY AND FENCE AND THE NEIGHBORING HOUSE AND THE NEIGHBOR'S DRIVEWAYS ON THE OTHER SIDE. SO I KIND OF FELT LIKE IT WAS, IT WASN'T INFRINGING ON, ON ON ANYONE. SO WITH THIS IN ITS IN ITS LIMITED CAPACITY, I WAS OKAY WITH IT BEING IN THAT, THAT LOCATION. UH, SO WITH THAT, UH, LET'S HAVE A ROLL CALL VOTE PLEASE. CAN I, CAN I JUST MAN TO SAY THAT THE EXISTING LOCATION OF THE SHALL NOT BE MOVED FROM WHAT'S CURRENT AND SO HE CAN'T BUILD IT ANY YEAH. AND IF YOU, IF YOU'D LIKE TO, UH, UH, CLARIFY YOUR MOTION TO, TO SAY IT CAN'T BE IN INCREASED IN ANY WAY. SO I'D LIKE TO CLARIFY THE MOTION TO JUST STATE THAT THE EXISTING FENCE CONDITION IS TO REMAIN. HE CAN'T ADD OR HE CAN'T ADD TO IT. HE CAN OBVIOUSLY SUBTRACT TO IT. IS THAT, UH, COMMISSIONER TAYLOR? THAT FINE? YES, I'M AMENABLE. ALRIGHT, SO WITH THAT, LET'S HAVE A ROLL CALL VOTE. MR. OZUNA? YES, I CONCUR. MR. TEAL? YES, I CONCUR. MR. SPIELMAN. I CONCUR. MR. ALBERT. I CONCUR. MR. MANCHACA DO NOT CONCUR, MR. ZUNIGA? I CONCUR. MS. CRUZ, I CONCUR. MR. MANNA. I DO NOT CONCUR. MS. BRAGMAN? I CONCUR. MS. KAPLAN, I CONCUR. CHAIR ORIAN AND I ALSO CONCUR. A MOTION PASSES NINE TO TWO. UM, SO IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. UM, BUT CONGRATULATIONS. UH, NEXT CASE PLEASE. UH, OKAY, UM, GOOD AFTERNOON, BO O A 22 1 0 3 0 0 0 9 1. UM, LOCATED AT 1 3 4 CARTRIDGE COUNCIL DISTRICT FIVE, APPLICANT BEING, UH, FIDEL RA. AND THEN A REQUEST FOR A FOUR FOOT TWO INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT WITH OVERHANG AND GUTTERS TO BE 10 INCHES FROM THE SIDE PROPERTY LINE. AND NUMBER TWO, A FOUR FOOT FOUR INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A STRUCTURE WITH OVERHANG AND GUTTERS TO BE EIGHT INCHES FROM THE SIDE PROPERTY LINE. SO THE SUBJECT PROPERTY IS LOCATED ON 1 3 4 CARTRIDGE COURT. UM, THE SUBJECT PROPERTY IS LOCATED ALONG AN ELBOW AND HAS A UNIQUE CONFIGURATION. THE APPLICANT HAS CONSTRUCTED A CARPORT AND ADDITION WITHOUT PROPER PERMITS. BOTH THE CARPORT AND THE ATTACHED STRUCTURE, UM, ENCROACHED INTO THE SIDE SETBACK REQUIREMENT. THE CARPORT MEASURED TO BE 10 INCHES FROM THE EASTERN SIDE OF THE PROPERTY AND AN ADDITION MEASURED EIGHT INCHES FROM THIS WESTERN PROPERTY LINE. UM, STAFF OBSERVED THAT BOTH SIDES DID HAVE OVERHANG. THE APPLICANT HAS STATED THAT GUTTERS WILL BE INSTALLED. ADDITIONALLY, IT WAS A BRIDGE THAT THERE IS A SINGLE FAMILY RESIDENCE LOCATED ON EITHER SIDE OF THE SUBJECT PROPERTY. UM, THAT IS A SITE PLAN WHERE THE HIGHLIGHTED PART IS THE ADDITIONS, THAT'S THE SUBJECT PROPERTY IN THERE. AND YOU CAN SEE THE CARPORT THAT WAS BUILT. ANOTHER ALTERNATE VIEW OF IT, A MEASUREMENT. UM, YOU CAN SEE RIGHT THERE THE ADDITION OF THE SIDE STRUCTURE. UM, THE MEASUREMENT OF THE DISTANCE, YOU CAN SEE THAT IT IS ATTACHED TO THE MAIN HOME. UM, SO SIDE SETBACK VARIANCE. UM, SO STAFF RECOMMENDS DENIAL WITH AN ALTERNATE RECOMMENDATION FOR TWO FEET VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT WITH OVERHANG AND GUTTERS TO BE THREE FEET FROM [00:50:01] THE EASTERN SIDE PROPERTY LINE. AND IN ADDITION TO BE THREE FEET FROM THE WESTERN SIDE PROPERTY LINE IN BO 8 22 1 0 3 0 0 0 9 1 BASED ON THE FOLLOWING FINDINGS OF FACT, REDUCING THE WIDTH OF THE CARPORT BY TWO FEET, TWO INCHES WILL ALLOW, UM, WILL STILL ALLOW DICT SPACE FROM THE PARKING AND VEHICLES AND WITH GUTTERS INSTALLED RUNNER RUN WATER RUNOFF ONTO NEIGHBOR PROPERTIES WILL BE MINIMIZED. AND THE ADDITION APPEARS TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WITH HOW CLOSE IT IS AND OF THE PUBLIC OF THE WELFARE BEING THREE FEET FROM THE WESTERN SIDE PROPERTY. UM, STAFF RECOMMENDS APPROVAL FOR THE, OH, NOT THAT I SHOULD HAVE TAKEN THAT OFF. GO NEXT ONE. AND THEN 31. SO THERE WAS 31 NOTICES. UM, THERE WAS ZERO IN FAVOR, ZERO OPPOSITION, AND THERE WAS NO RESPONSE FROM THE QUINTANA COMMUNITY NEIGHBORHOOD ASSOCIATION. UM, THAT CONCLUDES, UM, STAFF PRESENTATION AND THE APPLICANT IS PRESENT AND WE WILL NEED TRANSLATION SERVICES. OKAY. UH, BEFORE WE GO, UH, THE, I JUST WANNA CLARIFY THAT THE ADDITION THAT'S BEFORE US IS ABUTTING THE UTILITY EASEMENT. EASEMENT. I WOULD HAVE TO LOOK INTO THAT. OKAY. AND, AND, AND IF YOU DO, I'D ALSO LIKE TO KNOW IF THAT'S A UTILITY EASEMENT OR IS IT A UTILITY RIGHT OF WAY? UH, I JUST, I'M WONDERING ABOUT THE POTENTIAL FOR ANYTHING EVER BEING BUILT THERE. SO THAT'S OKAY. AWESOME. SO LET'S HAVE THE APPLICANT COME UP. GOOD AFTERNOON. MY NAME IS VI AND MY ADDRESS IS 1 3 4 CARTAGE. OH, . MM-HMM. . SO THE CARPORTS THAT I BUILT IN MY PROPERTY, ONE OF THEM IS BEING USED FOR THE VEHICLES AND THE OTHER ONE IS TO OBSTRUCT THE SUN. SO ONE IS JUST PURELY USED TO PARK THE VEHICLE CENTER. AND THE OTHER ONE, SINCE IT'S BEEN REALLY HOT, IT'S JUST TO BLOCK OUT THE SUN FROM THE HEAT. OKAY. AND I ALSO HAVE THE SIGNATURES OF MY NEIGHBORS. THEY HAVE NO ISSUE WITH THIS AND THEY ALSO PROVIDED THEIR INFORMATION JUST IN CASE YOU WOULD LIKE TO SPEAK WITH THEM BECAUSE THEY'RE NOT OPPOSED TO IT. THAT'S ALL I HAVE TO SAY. OKAY. UH, SIT TIGHT FOR A SECOND. UH, IS THERE, UH, ANYBODY SIGN UP TO SPEAK ON THIS CASE? WE HAVE ONE VOICEMAIL. OKAY. ALL RIGHT. SO WE'LL HEAR A VOICEMAIL AND THEN WE'LL OPEN THIS UP TO QUESTIONS. MM-HMM. , I OWN THE PROPERTY AT 1 34 BARTON COURT. I HAVE RECEIVED CASE NUMBER, THE LAST THREE ARE 0 9 1 FROM THE CITY OF SAN ANTONIO DEVELOPMENT SERVICES. I HAVE TRIED ON SEVERAL OCCASIONS TO CALL MR. RICHARD VASQUEZ WITH HIS VOICEMAIL BOX ALWAYS BEING FULL. I DO NOT HAVE ACCESS TO AN EMAIL, A COMPUTER. I'VE BEEN RECEIVING THE DEVELOPMENT INSTRUCTION WITH A MAP VERY VAGUE IN SPANISH. I AM NOT SPANISH, I'M NOT MEXICAN, I DO NOT SPEAK SPANISH. I [00:55:01] HAVE NO IDEA WHAT THE CITY OF SAN ANTONIO DEVELOPMENT SERVICES ARE PLANNING TO DO IN THE AREA WHERE MY HOUSE IS AT 1 34 BARTON COURT. THIS IS NO INFORMATION ON THIS. I HAVE TRIED AGAIN ON SEVERAL OCCASIONS TO REACH THE GENTLEMAN OF RICHARD VASQUEZ WITH NO KIND OF, HE NEVER EMPTIES HIS, HIS VOICEMAIL. HE'S NEVER AT HIS DESK. I GUESS HE ALWAYS WORKS FROM HOME. I AM NOT GONNA ACCEPT THIS. I, I AM ASKING, I AM SAYING NO TO THIS. I HAVE NO IDEA WHAT THIS, THIS CITY OF SAN ANTONIO DEVELOPMENT SERVICES HAS IN MIND. FOR THIS. I WOULD APPRECIATE SOME SORT OF BETTER INFORMATION ON THE VAGUE TO ZERO, UH, INFORMATION ON THE CITY OF SAN ANTONIO DEVELOPMENT SERVICES. I WOULD APPRECIATE A CALL BACK OR A LETTER IN, UH, JEREMIAH APOLOGY THAT WAS SUPPOSED TO BE, UH, WE TALKED TO THE INDIVIDUAL EARLIER AND GAVE HER THE INFORMATION AND SHE WANTED TO WITHDRAW. WE, WE MEANT TO TAKE THAT OUT. OKAY. THANK YOU. NO PUBLIC COMMENT. SORRY. ALRIGHT, SO WE'LL HAVE THE APPLICANT COME BACK UP PLEASE AND WE'RE GONNA SEE IF YOU HAVE ANY COMMISSIONER QUESTIONS. UH, BEFORE WE DO, I JUST WANTED STATE, I I DID HAPPEN TO FIND THE PLAT FOR THAT PROPERTY NEXT DOOR. IT IS TWO PLATTED LOTS THAT ARE BUILDABLE AND, UH, ONE OF MY FELLOW COMMISSIONERS DID SHOW ME AN AERIAL WHERE THERE WAS AN EXISTING HOME ON THE LOT NEAREST THE, THE, UH, CUL-DE-SAC IN THERE. SO JUST WANTED TO PUT THAT OUT THERE. AND DID IT IS AN ACTUAL 16 FOOT ALLEY BACK THERE BEHIND THOSE HOMES AS WELL. YES. WITH THE T TURNAROUND AT THE END OF IT, WHICH YOU DON'T SEE TOO OFTEN. UH, SO LET'S OPEN THIS UP TO QUESTIONS. WHO YOU'D LIKE TO GO FIRST. UH, I'LL GO AHEAD AND START OFF, UH, I'M, I'M MORE CONCERNED ABOUT THE ADDITION THAT'S BEING REQUESTED AND I'D LIKE TO HEAR, UH, IF, IF COULD THE APPLICANT USE THE LASER POINTER AND KIND OF SHOW US ON IF YOU COULD BRING THE AERIAL BACK UP AND KIND OF SHOW US WHERE EXACTLY THAT'S GOING IN RELATION TO EVERYTHING. OKAY. YEAH, I JUST ASKED ONE. YEAH. UH, KAPLAN? NO, I JUST ASKED ONE. OKAY. IT'S RIGHT, IT'S RIGHT THERE IN THAT AREA. IT'S NEXT TO THE EXISTING HOME. IT DOESN'T GO ANY, IT DOESN'T MOVE ANY FORWARD OR GO ANY FURTHER BACK FROM THE EXISTING HOUSE IS WHAT I'M TRYING TO FIND OUT. NO, NO, IT'S ON THE SIDE. OKAY. IT WAS A LITTLE, OH, THE WHOLE THING. OH GEEZ. OH, COMMISSIONER MAYOW. SO, UM, IF YOU, COULD YOU BRING UP GOOGLE MAP FOR A SECOND HERE. I'M SORRY. SO, UM, ON THE AERIAL VIEW THAT SHOWS BOTH, UH, CARTHAGE AS WELL AS CARRANZA AND, AND IT DOES SHOW THE, THE, THE STRUCTURE, UH, THAT IS ADJACENT TO THIS PROPERTY THAT IT IS ON THE OTHER CUL-DE-SAC. AND THAT OTHER STRUCTURE LOOKS LIKE IT'S BUILT ON AN IRREGULAR LOT AND ALMOST LOOKS LIKE THE BACK OF THE HOUSE IS WITHIN, YOU KNOW, GETS VERY CLOSE TO THE PROPERTY, I GUESS. AND SO, SO I HAVE A CONCERN AGAIN ON THE SIDE STRUCTURE, UM, BECAUSE, YOU KNOW, IT, IT LOOKS LIKE IT STARTS GETTING MUCH CLOSER TO THAT, TO THAT SIDE PROPERTY LINE THAN, THAN THE FIVE FOOT. SO, UM, TO MOVE HEAD IS SPINNING. OKAY. SO I GUESS, DO YOU KNOW WHAT THE DISTANCE IS BETWEEN THE STRUCTURE HERE AND THE HOUSE NEXT TO YOU? UH, NO. IT'S A LITTLE, I'M NOT SURE. IT SEEMS TO ABOUT 10 FEET. OKAY. SO ON THE PLATT, THE NEIGHBORING PROPERTY HAS A 10 FOOT, UM, UH, WATER EASEMENT AND GAS ELECTRIC CABLE TV TELEPHONE EASEMENT. SO THERE'S THE, IT NEEDS TO BE AT LEAST 10 FEET OFF OF BECAUSE OF THE MY OF EASEMENTS THAT ARE THERE. SO THE [01:00:01] PROPERTY BEHIND HIM DOES THAT, HAS THAT IT'S, IT'S A, A BURDEN ON THE NEXT, I'M SORRY. RIGHT. THE NEIGHBORING LOTS THAT COME UP AS UTILITY EASEMENT. UH, ON, ON, UH, ONE OF THE, THE EXHIBITS IN THE, IN THE FILE, IT'S NOT A UTILITY EASEMENT STAFF, CAN YOU KEEP THIS PICTURE BUT ALSO BRING UP THE ONE THAT SHOWS UTILITY EASEMENT? I THINK IT WAS A ZONING PRINTOUT. OKAY, THIS IS FINE. SO ZOOM IN A LITTLE BIT. SO WHAT YOU SHOW IS 2, 2 6. UH, UH CARTHAGE AND 7 35, I DON'T KNOW WHAT THAT STREET DOWN THERE IS. UH, CULBERSON. THOSE ARE ACTUALLY PLATTED BUILDABLE LOTS. AND ON THE SIDE OF THAT LOT THOUGH, THERE'S TWO LOTS. THERE IS A 10 FOOT UTILITY EASEMENT THAT ABUTS THE, THE PROPERTY IN QUESTION. THE PROPERTY IN QUESTION DOES NOT HAVE A UTIL UTILITY EASEMENT ON THEIR PLAID. OKAY. THANK YOU. YEAH. UH, ALL RIGHT. UH, WHO'D LIKE TO GO NEXT? ME . OH, COMMISSIONER KAPLAN . I'M SORRY. . I THINK I'VE GOT MY OKAY. ON THE SIDE PROPERTY, YOU SAID THAT THAT IS JUST BEING USED FOR SHADE. SO YOU'RE NOT USING THAT TO PARK CARS. IS THAT LIKE A COVERED PATIO? WELL, IT'S OKAY. CAN YOU UN CAN YOU EXPLAIN, IS IT A COVERED PATIO? THE SIDE STRUCTURE? YEAH, IT'S LIKE A COVERED PATIO. UM, JUST I WOULD LIKE TO ASK THE, THE INTERPRETER SPEAKING. HE IS BEING INTERPRETED ALL YOUR QUESTIONS VIA THE RADIO. THAT'S WHY I'M NOT SPEAKING AS YOU ASK THE QUESTIONS. I SEE. YEAH. DID OKAY. DID HE UNDERSTAND THE QUESTION THEN? NO, IT'S MORE OF LIKE A COVERED PATIO. IT'S OPEN, IT'S OUT IN THE OPEN. IT'S NOT COVERED AT ALL. WHAT WOULD BE THE HARM IN MOVING THAT BACK? SEVERAL FEET FROM THE PROPERTY LINE. OKAY. IT COULD BE VERY EXPENSIVE. I BELIEVE IT WOULD BE VERY COSTLY TO DO SOMETHING LIKE THAT. COMMISSIONER MENCHACA? YES. UH, UH, NOTICE THAT HE BUILT BOTH WITHOUT PERMITS. WHICH ONE DID HE BUILD FIRST? THE ADDITION OR THE CARPORT? THE CARPORT. SO THEN HE DIDN'T KNOW ABOUT THE CAR, THE PERMITS AFTER FOR THE ADDITION? NO, NO, I WAS NOT AWARE. THANK YOU. SO A A FOLLOW UP QUESTION. UH, NONE OF THE SIDES OF THE ADDITION ARE, ARE WALLED IN. THEY'RE, IT'S COMPLETELY OPEN IN ALL THREE SIDES IN ITS ENTIRETY. YEAH. THEY'RE BOTH OPEN. OKAY. ALL RIGHT. ANY OTHER QUESTIONS? ALL RIGHT. HEARING NONE. UM, IF THERE'S, IS THERE'S ANYTHING ELSE THE APPLICANT WOULD LIKE TO, TO TELL US BEFORE WE DELIBERATE? NO, THAT'S ALL. THAT'S FINE. ALRIGHT. THANK YOU VERY MUCH. UH, SO NOW I'M LOOKING FOR A MOTION. UM, WE CAN EITHER DO TWO OR, OR ONE WE COMMISSIONER CRUZ. OKAY. UM, REGARDING CASE NUMBER BO A 22 103 0 0 0 9 1, I MOVE THAT THE BOARD OF ADJUSTMENT GRANTS A REQUEST FOR A FOUR FOUR FOOT TWO INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW CARPORT WITH OVER HUNG OVERHANG AND GUTTERS TO BE 10 INCHES FROM THE SIDE PROPERTY LINE. AND TWO, A FOUR FOOT FOUR INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW STRUCTURE WITH OVERHANG AND GUTTERS TO BE EIGHT INCHES FROM THE SIDE PROPERTY LINE SITUATED AT 1 3 4 CARTRIDGE. APPLICANT BEING , BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT IT LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C S AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE VARIANCE REQUESTS [01:05:01] TO ALLOW A CARPORT, AND IN ADDITION TO ENCROACHING TO THE SIDE YARD SETBACKS DO NOT APPEAR CONTRARY TO THE PUBLIC INTEREST DUE TO THE LIMITED SPACE EXISTING ON THE PROPERTY TO DUE TO THE SPECIAL CONDITIONS. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE SUBJECT PROPERTY CERTAINLY HAS A UNIQUE CONFIGURATION, WHICH MAY PREVENT FURTHER DEVELOPMENT INTO THE SIDES OF THE LOT. THE VARIANCES TO ALLOW THE CARPORT AND THE ATTACHED STRUCTURE TO BE CLOSER TO THE SIDE PROPERTY LINES APPEARS TO AVOID THE HARDSHIP PRESENTED BY THE SHAPE AND SIDES OF THE LOT. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED VARIANCES WILL ALLOW CARDBOARD AND ATTACHED STRUCTURE TO BE CLOSER TO THE PROPERTY LINE. THE VARIANCES REQUESTED APPEAR TO OBSERVE THE SPIRIT OF THE ORDINANCE AS THEY DO NOT NE NEGATIVELY AFFECT THE SURROUNDING AREAS. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATIONS OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO OTHER USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. EXCUSE ME. STAFF FINDS THE REQUESTED VARIANCES DO NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THESE ARE NEW BUILT STRUCTURES THAT MATCH THE CHARACTER OF THE AREA. SIX. PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCES SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OR RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IT APPEARS APPLIED TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE UNIQUE CONFIGURATION OF THE LOT IN SIZE AND OF MOTION. SECOND, UH, A MOTION, UH, AND A SECOND BY COMMISSIONER KAPLAN. UH, BEFORE WE MOVE FORWARD AND AND HEAR STATEMENTS, I JUST WANT TO LET ALL THE COMMISSIONERS KNOW THAT IF, IF THERE'S ANY OPPOSITION FOR EITHER THE CARPORT OR THE ADDITION TO WHERE YOU'D WANT THE MOTION BROKEN UP, THAT'S THE FIRST THING WE WANT TO HEAR ABOUT. SO, UH, COMMISSIONER CRUZ. OKAY. UM, IT'S KIND OF HARD TO REALLY LOOK AT THE PICTURE AND SEE THAT IT'S, YES, IT'S RIGHT NEXT DOOR TO A NEIGHBOR, BUT SINCE THE NEIGHBOR REALLY DID NOT COMPLAIN, IT'S KIND OF HARD TO SAY, WELL, IT CAN'T BE THERE. SO, UM, AND WITH IT BEING SUCH A HUGE PROPERTY, IT'S, IT'S KIND OF HARD TO SAY IT'S NOT WORTH IT. OF COURSE, THE CARPORT, I CAN UNDERSTAND THAT IT GIVING THE SHADE TO THE HOME. UM, AND THE, UH, OTHER STRUCTURE THE SAME WAY. SO I WILL, UM, APPROVE AS REQUESTED. COMMISSIONER KAPLAN, UH, YEAH, I HAVE THE OPPOSITE FEELING. I FEEL THAT, UM, FOR ONE, THE CARPORT WAS DONE FIRST IF WHAT WE UNDERSTAND. SO HE KNOWS ABOUT THE PERMITTING PROCESS. SO THERE WAS NO ATTEMPT TO DO THE SIDE, SIDE, UH, STRUCTURE, UM, LEGALLY AND, UH, WITH A PERMIT BEFOREHAND. BUT THAT KIND OF BOTHERS ME. UM, ALSO IF YOU LOOK AT THE PICTURE OF THE CARPORT, IT LOOKS LIKE THERE'S PLENTY OF ROOM TO MOVE IT TWO FEET AND STILL PUT THE TRUCKS UNDERNEATH. I WOULD LIKE TO SEE, UM, THE RECOMMENDATIONS MADE BY THE, UM, UH, CITY TO BE FOLLOWED. OKAY. IS THERE ANY OTHER COMMISSIONERS YOU'D LIKE TO ADD? I WITH WHAT WAS JUST OKAY. SAID I, I FEEL THE SAME WAY WITH COMMISSIONER KAPLAN. OKAY. UH, COMMISSIONER, UH, MANANA. YEAH, I THINK THERE WAS A RECOMMENDATION TO POSSIBLY SPLIT THIS INTO TWO, AND THAT WOULD BE MY RECOMMENDATION. 'CAUSE I DO STRUGGLE BETWEEN BOTH OR BETWEEN ONE VERSUS THE OTHER. SO, SO MY, SO A REQUEST, A FRIENDLY REQUEST TO MAYBE POSSIBLY CONSIDER SPLITTING IT. SO WHAT, WHAT MY, WHAT I WOULD LIKE, UH, WHAT MY THOUGHT IS, UM, I DON'T HAVE A PROBLEM WITH THE COVERED PATIO ADDITION, ONLY BECAUSE A NEIGHBORING HOUSE DOES, ISN'T COVERED BY A 10 FOOT EASEMENT. AND WHICH IS, WHICH IS NOT TYPICAL. WE DON'T SEE A LOT OF THAT. AND USUALLY IT'S A FIVE FOOT SETBACK ON THE SIDE. SO THAT WOULD GIVE YOU 10 FEET OF SEPARATION. IN THIS CASE, THEY HAVE THE 10 FEET PLUS WHATEVER, EIGHT INCHES. I THINK THEY'RE SHORT. SO I DON'T, I DON'T HAVE AN ISSUE WITH THE COVERED, UH, AREA, UH, THE CARPORT. UH, I THINK THAT'S A LITTLE CLOSE. I'D LIKE TO SEE THE STAFF RECOMMENDATION, BUT THIS CAN ALL BE DONE WITH ONE MOTION. IF OTHER COMMISSIONERS, UH, WOULD LIKE TO JUST KIND OF CHIME IN AND LET YOU KNOW, LET LET THEIR THOUGHTS BE KNOWN. I MEAN, WE COULD, WE CAN AMEND THE MAIN MOTION TO, TO FOLLOW [01:10:01] STAFF'S RECOMMENDATION FOR THE CARPORT AND EVEN HAVE A, UM, ANY SORT OF RECOMMENDATION. WE COULD DO IT ALL WITH ONE MOTION. STILL. IT COULD BE SALVAGED. SO, IS, IS, IS THERE ANYBODY, UH, ELSE WHO WOULD LIKE TO ADD THEIR 2 CENTS IN THIEL? COMMISSIONER THIEL? I'M IN AGREEMENT WITH YOU. UM, I THINK THE CARPORT'S A LITTLE CLOSE. I'D LIKE THE STAFF RECOMMENDATION. I DON'T TAKE ISSUE WITH THE COVERED PATIO BECAUSE THERE'S MORE THAN ENOUGH SPACE FOR SAFETY. OKAY. UH, I'M GONNA ASK, UH, THE MAKER OF THE MOTION, COMMISSIONER CRUISER SHOULD BE WILLING TO ACCEPT THE STAFF RECOMMENDATION ON THE CARPORT, BUT NOT MAKE ANY CHANGES TO THE, UH, COVERED PATIO AREA. I CAN AGREE WITH THAT. OKAY. AND, AND, UH, THE SECOND, UH, I WOULD PUT THAT TO A VOTE. I DO NOT AGREE WITH THE COVERED AIR PATIO EITHER. OKAY. I'M GONNA MOVE THAT TO A FORMAL AMENDMENT. UM, IF YOU, SO THE, THE FORMAL AMENDMENT ON THE TABLE IS TO FOLLOW STAFF RECOMMENDATION WITH THE TWO FOOT VARIANCE ON THE CARPORT AND KEEPING THE APPLICANT'S REQUEST, UH, FOR THE COVERED AREA. SO IF YOU COULD PLEASE TAKE A ROLL CALL MS. CRUZ CONCUR. MS. KAPLAN? I DO NOT CONCUR. MR. SPIELMAN. I DO NOT CONCUR. MR. ALBERT. I DO NOT CONCUR. MR. MANCHACA. I DO NOT CONCUR. MR. ZUNIGA. I DO NOT CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR. MR. TEO? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN. UH, I ALSO CONCUR, UH, THE MOTION, UH, FAILS SIX TO FIVE. UH, SO WITH THAT, UH, IS ANYBODY WHO IS, WHO WAS, UH, IN OPPOSITION TO MY FRIENDLY AMENDMENT, WOULD THEY, WOULD YOU BE WILLING TO ACCEPT THE STAFF RECOMMENDATION ON BOTH ITEMS? COMMISSIONER ZUNI? YOU WOULD? OKAY. UH, IS THERE ANYONE IN OPPOSITION WHO WOULD LIKE TO, UM, UH, UH, SPEAK UP, SPEAK UP ABOUT WHAT THEY WOULD, WOULD LIKE TO SEE IN THIS? UH, I WOULD LIKE TO SEE THE STAFF RECOMMENDATIONS FOLLOWED ON BOTH. OKAY. SO COMMISSIONER CRUZ, I'D LIKE TO ASK FOR A FRIENDLY AMENDMENT TO YOUR ORIGINAL MOTION TO FOLLOW STAFF RECOMMENDATION ON BOTH ITEMS. MOTION SINCE THE MOTION FAILED. OKAY. DO I NEED TO MAKE THE MOTION AGAIN, OR JUST, NOPE. UH, NO, THE, MY, MY AMENDMENT FAILED. SO THEREFORE IT'S, WE'RE BACK TO THE MAIN MOTION, WHICH, UM, NOW OFFERING A FRIENDLY AMENDMENT TO FOLLOW STAFF RECOMMENDATION ON BOTH ITEMS. OKAY. I CAN AGREE WITH THAT. OKAY. AND THE SECOND I CAN AGREE. YEAH. OKAY. SO WE HAVE, UH, AND THE MOTION IS, IS AMENDED BY FRIENDLY AMENDMENT TO FOLLOW STAFF RECOMMENDATION FOR BOTH ITEMS. UH, IF THERE'S NO OTHER FURTHER COMMENTARY, LET'S HAVE A ROLL CALL VOTE PLEASE. MS. CRUZ. I CONCUR. MS. KAPLAN I CONCUR. MR. SPIELMAN. I CONCUR. MR. ALBERT. I CONCUR. MR. MANCHACA. I CONCUR. MR. ZUNIGA? I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. TEAL? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES, UH, UNANIMOUSLY TO FOLLOW STAFF RECOMMENDATION, UH, ON BOTH ITEMS. SO IF THE APPLICANT HAS ANY QUESTIONS, WHO'S IN THE BACK? UH, PLEASE GET WITH STAFF. ALL RIGHT. UH, NEXT CASE. GOOD, A GOOD AFTERNOON. AGENDA ITEM SIX B O A 22 1 0 3 0 0 1 0 1 ADDRESS IS 3 7 8 HAR COURT AVENUE COUNCIL DISTRICTS THREE. APPLICANT IS DAVID REYES. AND A REQUEST FOR A TWO FOOT SIX VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A DETACHED CARPORT LOCATED IN THE REAR WITH OVERHANGING GUTTERS TO BE TWO FOOT SIX FROM THE SIDE PROPERTY LINE ZONING IS R FIVE SINGLE, UH, RESIDENTIAL SINGLE FAMILY DISTRICT. SUBJECT PROPERTY IS LOCATED ON 3 78 HART COURT AVENUE. AND THIS IS A SINGLE FAMILY RESIDENCE. THE APPLICANT IS REQUESTING A VARIANCE PRIOR TO OBTAINING A BUILDING PERMIT. SITE PLAN, SUBJECT PROPERTY, THIS IS THE REAR OF THE PROPERTY WHERE THE CARPORT WILL BE THE ALLEY BEHIND THE SUBJECT PROPERTY AND THE SURROUNDING AREA. RECOMMENDATION INSIDE SETBACK VARIANCE, UH, STAFF RECOMMENDS APPROVAL ON BO O 8 22 1 0 3 0 0 1 0 1 BASED ON THE FOLLOWING FINDINGS OF FACT, THE DETACHED CARPORT WITH OVERHANG WILL HAVE GUTTERS INSTALLED AS TO MITIGATE ANY ISSUES FOR [01:15:01] WATER RUNOFF. THE AMOUNT OF SPACE IN THE BACK OF THE PROPERTY IS RESTRICTED AND WILL NOT ALLOW FOR FUNCTIONAL CARPORT WITHOUT THE VARIANCE NOTIFICATION. PLAN, WE MAILED 30 NOTICES OUT. ONE IN FAVOR, ONE IN OPPOSITION, AND NO RESPONSE FROM HIGHLAND HILLS NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STATUS'S PRESENTATION AND THE APPLICANT IS AVAILABLE. AND, AND CAN YOU TOUCH ON THE, ANY, THE PERMITTING STATUS? UH, THERE'S NO PERMIT AT THIS TIME. HE'S REQUESTING A, A VARIANCE PRIOR TO PULL IN A PERMIT. ALRIGHT, THANK YOU. IS THE APPLICANT PRESENT? HELLO? GOOD AFTERNOON. HELLO SIR. MY NAME'S DAVID REYES. HELLO, SIR. HOW ARE YOU? UH, I'M APPLYING FOR THIS VARIANCE. UH, I CAME TO, UH, WITH MY PLANS AND I BROUGHT 'EM TO THE FRONT DESK AND I WAS STARTING ON THE FLAT WORK AND I SHOWED HER MY PLANS. SHE SAID I DID NOT NEED A PERMIT TO DO ANY OF THE FLAT WORK. AND I SAID, BUT I'M GETTING READY TO PUT A BUILDING UP AND I'M APPLY FOR A PERMIT. SHE SAYS, YOU DON'T NEED TO APPLY FOR A PERMIT FOR FLAT WORK UNTIL YOU GET A BUILDING. WELL, I'M DOING EVERYTHING. I'M TRYING TO DO IT WHAT IS RIGHT. SO I'VE ALREADY POURED THE CONCRETE SLAB. NOW I'M APPLYING FOR THE PERMIT FOR THE BUILDING. UH, I DID NOT KNOW THAT THERE WAS A FIVE FOOT SETBACK, UH, AT THAT TIME. SO WE HAVE NOT BEGUN TO BUILD ANYTHING YET. THE ONLY THING THAT IS DOWN IS THE CONCRETE SLAB. UH, THE YARD HAS UTILITIES UNDER THE GROUND. UH, THE GAS, WATER, AND SEWER MAIN AND POWER IS ON THE OPPOSITE SIDE. SO I'M ON THE OPPOSITE SIDE OF THE YARD AWAY FROM, UH, MY UTILITIES. THE NEIGHBOR NEXT DOOR DOES NOT HAVE UTILITIES AT THAT FENCE LINE. I DID TALK TO ALL MY NEIGHBORS AND THEY WERE NOT, UM, OPPOSED. AND I, WHEN HE JUST SAID ONE OPPOSED, I DON'T KNOW WHICH ONE, BUT, UH, IT'S NOT BEEN BROUGHT TO MY ATTENTION ON WHICH ONE'S BEEN OPPOSED. OKAY. AND JUST TO BE CLEAR ON THE SKETCH, YOU'RE, YOU'RE, YOU'RE PUTTING IN A 25 BY 34 FOOT, UH, YOU'RE DESIRING TO PUT A 25 BY 34 FOOT STRUCTURE? CORRECT. OKAY. ALRIGHT. THANK YOU. SO, IS THERE, UH, ANYBODY SENT TO SPEAK VOICEMAILS ON THIS? WE HAVE ONE VOICEMAIL. WE'RE GONNA LISTEN TO A VOICEMAIL AND THEN WE'LL OPEN THIS UP TO QUESTIONS. I'M 80 G**O AND G**O. OUR CALLING MEANS FOR CASE NUMBER B OH A DASH 22 DASH 1 0 3 0 0 1 0 1. WE ARE IN FAVOR OF 3 78 DOING THEIR EXTENSION DATE. THEY WANT, WE ARE IN FAVOR. YOU CAN REACH US AT 2 1 0 6 6 3 2 4. 1 1 2 1 0 6 6 3 2 4 1 1. THANK YOU. ALRIGHT, WE'RE GONNA NOW OPEN THIS UP TO COMMISSIONER QUESTIONS. WHO WOULD LIKE TO START? WELL, I, I JUST HAD A QUICK QUESTION ABOUT THE ONE THAT WAS IN OPPOSITION. YES. WHERE THEY WERE LOCATED. IT WAS ONE IN FAVOR, NOT IN OPPOSITION. NO OPPOSITION. NO OPPOSITION. ALL RIGHT. ANY COMMISSIONER QUESTIONS? MIN CHAKA AT COMMISSIONER MIN CHAKA? UH, I JUST HAVE A SIMPLE ONE, SIR. UH, YOU SAID THIS, THIS STRUCTURE THAT YOU'RE GONNA ADD IS, UM, HOW HIGH IS IT GONNA BE? UH, WE'RE PLANNING AT 14, POSSIBLY. WE, WE HAVEN'T BUILT IT YET. 14 FEET HIGH? YES. 'CAUSE THAT'S, IT'S GONNA BE, IT'S GONNA BE COVERING AN EXISTING BUILDING THAT'S ALREADY THERE AND THERE'S NOTHING WRONG WITH THAT BUILDING, SO WE'RE GONNA KIND OF LIKE GO OVER IT. SO IS THAT CONSIDERED A TWO STORY STAFF? NO, THE, UH, ACCESSORY STRUCTURES, UM, HAVE A HIGH LIMITATION OF 35 FEET IN RESIDENTIAL. THANK YOU. ALL RIGHT. ANY OTHER QUESTIONS? KAPLAN? COMMISSIONER KAPLAN? OKAY. UH, I'M LOOKING AT THE PHOTO THAT WE HAVE OF 3 78 HARCOURT AVENUE. I SEE A STRUCTURE ON IT. ARE YOU SELLING, YOU'RE GOING TO BUILD OVER THAT, THAT ONE THERE THAT YOU SEE THERE? YES. NO MA'AM. THAT'S THE FRONT YARD. OKAY. AND WHERE ARE YOU PUTTING THIS? OTHER ONE IN THE BACKYARD, BUT THE BACKYARD. THAT IS THE BACKYARD IN THE BACK PATIO. ASK IF YOU CAN BRING UP THE SIDELINE. YES. [01:20:03] SO IT'S THAT RED BOX? YES, THE RED BOX. THAT WOULD BE ON THE, THE PHOTO BOTTOM LEFT. SO MANNA COMMISSIONER, MANNA. SO, SO IF YOU GO TO, UH, LIKE TWO SLIDES AWAY WHERE IT SHOWS THE REAR OF THE PROPERTY. THERE WE GO. SO, SO THAT'S A STRUCTURE THAT YOU'RE PUTTING YOUR STRUCTURE OVER? YES. IT'S GONNA BE CORRECT. THAT IS CORRECT. OKAY. SO, UH, HONESTLY, I'M NOT USED TO SEEING A STRUCTURE OVER STRUCTURE. IS THERE A REASON WHY YOU'RE PROTECTING THIS STRUCTURE? I GUESS I'M NOT PROTECTING IT. I JUST DON'T WANT TO TEAR IT DOWN. THERE'S NO REASON TO TEAR IT DOWN. UH, I DO HAVE, THERE IS POWER ALREADY THERE, SO THE OTHER BUILDING, IF I NEEDED POWER TO DO WHATEVER I NEEDED, I WOULD JUST BE GETTING IT FROM THERE. AND I DID NOT WANNA START ALL OVER WITH POWER AND ALL. ANYTHING ELSE ON PERMITS ON ALL OF THAT? I THOUGHT IT WOULD JUST BE EASIER JUST TO GO OVER IT, COVER IT, WHATEVER, LEAVE IT THERE. SO YOU'RE GONNA HAVE THE NEW STRUCTURE ROOF, UM, OR, OR IS IT GONNA BE SOMETHING LIKE ON THE FRONT WITH THE, THE, THE, THE METAL STRUCTURE OVER THE TOP OF IT? IS THAT WHAT YOU'RE PLANNING? YES. OKAY. AND THEN YOU'LL HAVE THE, THE, THE SHINGLED STRUCTURE HERE UNDERNEATH IT, THEN? NO, IT'LL, YES. AND I PLAN TO WHERE YOU SEE THAT LINE WHERE THE PEAK IS THE GABLE. I PLAN TO JUST REMOVE THAT TOP AND MAKE IT A FLAT TOP. AND, UH, IT'D BE PART OF MY STORAGE. THERE YOU GO. SO RIGHT AT THERE AT THAT, UH, THAT LINE. LET ME GET THAT POINTER. UH, WHERE'S THAT BUTTON THERE? IT'S RIGHT HERE. WE THOUGHT ABOUT GETTING RID OF THAT TOP AND MAKING IT A FLAT TOP TOO. HAVE MORE STORAGE ONCE THE OTHER BUILDING IS OVER IT, BECAUSE THAT, THAT LITTLE BUILDING THERE, I'VE GOT ALL MY STUFF ALREADY IN IT. MY TOOLS, I DON'T SEE DISPLACING ANY OF THAT. UH, IT, IT'S, IT'S GREAT STORAGE. UH, YOU KNOW, I, IF I HAD A SMALL SPACE HERE, I COULD, YOU KNOW, HIDE IN THERE OR STAY WARM IN THERE WHILE I WORK ON MY, MY, UH, PROJECT CAR, WHATEVER I'M DOING INSIDE THERE. SO WILL THE LOWER STRUCTURE CHANGE IN SIZE, ARE YOU GONNA BE CHANGING THE SIZE OF IT OR ARE YOU GONNA BE LEVERAGING ALL FOR THE EXISTING WALLS? FOR THE, THE CURRENT? NO, NO, JUST, JUST TAKING OFF THE TOP, THAT'S ALL. SO, SO IS THIS A MORE OF A REROOFING TYPE OF JOB THEN? NO, NO, NO, NO, NO, NO. NO. OKAY. NO. ONCE THE OTHER STRUCTURE IS OVER IT COMPLETELY. OKAY. YOU FOLLOW ME, ? NO. I, I DON'T. BUT WELL, ONCE, ONCE I'VE ALREADY BUILT IT, UH, IN THE FUTURE, UH, IT'LL BE, IT'LL BE UNDER, IT'LL BE COMPLETELY COVERED. OKAY. AND THEN IN THE FUTURE, WE THOUGHT ABOUT REMOVING THAT TOP TO MAKE A FLAT SPOT TO PUT MORE STORAGE. OKAY. OKAY. BECAUSE THERE'S NOTHING WRONG WITH THE BUILDING. I MEAN, IT'S A GOOD SOLID STATE BUILDING, OR IT'S TRUCTURE, YOU KNOW, IT'S, IT'S BUILT COMMISSIONER TEAL, THINK OF IT AS A CARPORT. AND INSTEAD OF PARKING A CAR UNDER IT, YOU'RE GONNA PARK THAT STORAGE SHED . YEAH, THAT'S A, IT'S A STORY . AND, AND THERE'S NO ISSUE, THERE'S, THERE'S NO ISSUE WITH, WITH THE SET BACKHOE AGAINST THAT SOUTH PROPERTY LINE BECAUSE THEY GET THE HALF CREDIT FOR THE ALLEY. SO THE FIVE FOOT THAT THEY HAVE TO HAVE. CORRECT. OKAY. CORRECT, CORRECT. COMMISSIONER BRAGMAN. SO JUST TO CLARIFY, TO BEAT THIS HORSE A LITTLE BIT MORE, UM, GO BACK. YES. THAT PICTURE, SO WHAT YOU'RE TALKING ABOUT DOING IS FLATTENING THAT OUT RIGHT THERE AT THAT CROSSBAR, AND THEN YOU SAID YOU'RE GONNA HAVE MORE STORAGE 'CAUSE THE STORAGE IS GONNA BE ON TOP OF THE ROOF. IS THAT WHAT YOU'RE SAYING? YEAH. SO IT JUST GOT IT. YEAH. OKAY. STAFF, CAN YOU BRING UP A GOOGLE EARTH THAT STRUCTURE? GOOGLE EARTH PLEASE QUESTION. YES. AND I DID BRING ONE OF MY OWN GOOGLE, UH, ONE OF THESE ALSO, AND I DID, UH, A LITTLE BIT OF WALKING AROUND AND MOST OF THE, THE NEIGHBORS, UH, ALL HAVE STRUCTURES RIGHT AT THAT FENCE LINE. UM, AND I CAN SEE 'EM, THEY'RE ALL BASICALLY RIGHT AT THAT LINE. UH, THERE WAS OTHERS, TWO STREETS OVER, THREE STREETS OVER, BUT I JUST BASICALLY, UH, JUST STAYED IN THAT KIND OF LIKE, IN THAT, YEAH, WE CAN SEE, IF YOU LOOK UP ON THE SCREEN, YOU CAN SEE THE CONCRETE PAD THAT YOU BUILT WITH A WHITE TRUCK PARKED BEHIND. AND YOU'RE JUST GONNA COVER THAT UP. YES. OKAY. YES. AND IT'S NOT GONNA BE A HIGH TRAFFIC AREA. THAT'S JUST BASICALLY FOR A CLASSIC CAR THAT I HAVE THAT I'VE BEEN WORKING ON FOR THE PAST 30 YEARS, GETTING READY TO RETIRE AND I WANT A PLACE TO DO IT. OKAY. UH, ARE THERE ANY OTHER QUESTIONS? CRUZ? COMMISSIONER CRUZ. OH, THE ALLEY BEHIND YOU. DOES ANYBODY USE IT FOR ANYTHING OR IT, IT'S NOT, IT'S NOT USED FOR A TRASH PICKUP, CORRECT? NO, MA'AM. THE ALLEY IS USED BY MY LAWNMOWER. I, I MAINTAIN THAT ALLEY. OKAY. THANK YOU, [01:25:01] MR. CHAIRMAN. MR. ALBERT, MR. CHAIRMAN, IT BEGS THE QUESTION, SIR, SINCE YOU HAVEN'T ALREADY BUILT IT, THANK YOU. THAT, WHAT WOULD BE YOUR HARDSHIP IF YOU WERE TO JUST SIMPLY MEET THE FIVE FOOT SIDE SETBACK? I'VE ALREADY POURED THE CONCRETE SLAB. UH, THE CONCRETE SLAB WAS $6,000 AND WE'VE PUT A $8,000 DEPOSIT ALREADY ON THE BUILDING. UM, SO WE'RE IN IT ALREADY UP TO HERE, UP TO 13 ALREADY ON IT. UM, AND, AND I CANNOT MOVE ANY FURTHER THE OTHER WAY BECAUSE OF THE WATER MAIN AND UTILITIES ARE THERE. AND I CHOSE NOT TO DISTURB THOSE. BUT I DID COME TO CITY, I DID COME HERE AND I DID HAVE MY PROPOSAL FOR HER. AND SHE SAID, THE GIRL AT THE, WE DON'T DO PERMITS FOR FLAT WORK. AND I'M SAID, BUT I WANT TO PUT A BUILDING. WELL, WHEN YOU GET READY, PUT YOUR BUILDING AND THEN YOU COME BACK. UH, I DID THE SAME THING ON THE CARPORT ON THE FRONT. UH, I DID COME UP, I TOLD 'EM I'M DOING THIS CARPORT. I DID GET MY PERMIT BEFORE I STARTED, STARTED. I KNEW THERE WERE THE SETBACK. I DID THAT. THAT'S WHY I CAME FOR THE SECOND BUILDING. YOU KNOW, I AM AWARE OF PERMITS. UH, I JUST, I DIDN'T, I, I FAILED. I SHOULD HAVE PUSHED A LITTLE FURTHER WHEN I CAME THE, FOR THE SECOND BUILDING, BUT WHEN SHE TOLD ME I DIDN'T NEED IT, I DIDN'T NEED IT. SO, AND DILIGENCE, SIR. I APPRECIATE IT. I TRY SIR. COMMISSIONER ZUNIGA . OH BOY. THAT'S CONFUSING. UH, SO THEY TOLD YOU NOT TO, YOU DON'T NEED A PERMIT FOR A FOUNDATION. THAT'S WHAT CORRECT. IS THAT THAT'S CORRECT. YES. THAT'S, THAT'S TRUE. THEY DON'T NEED, SO WHEN YOU COME TO THE PERMIT COUNTER AND YOU JUST SAY YOU WANNA BUILD A LITTLE SLAB, THEY, THEY WILL TELL YOU, YOU DON'T HAVE TO HAVE PERMITTING FOR THAT. BUT WHEN YOU DO WANNA BUILD VERTICALLY UP, THEN YOU HAVE TO GET A PERMIT. SO THAT IS PROBABLY A TRUE STATEMENT THAT DID HAPPEN AT THE COUNTER. YES, IT DOES HAPPEN. YES. AND, UH, WITH THE ALLEY THAT HE HAS THERE, DOES HE NEED PERMISSION, UH, FOR IT THAT, UH, WHERE THE BUILDING IS AND WHERE HE'S GOING TO BUILD IT? NO. HE GETS A, UH, HALF OF THE ALLEY TOWARDS HIS, UH, SET. THAT'LL BE NO PROBLEM TO, UH, PUT A BUILDING WITHIN A BUILDING THERE. NO SIR. HE DOESN'T HAVE TO. HE, HE'S GONNA GET THE PROPER PERMITTING IF HE'S GRANTED THIS VARIANCE. AND THEY WILL ENSURE THAT HE MEETS ALL OF THE BUILDING CODE REQUIREMENTS. OKAY. SO, SO ONE COULD PUT ALAB 20 BY 20 AND THEN, YOU KNOW, UH, YOU COULD PUT WHATEVER YOU WANT UNDERNEATH IT. YES. AS LONG AS IT'S NOT A AND DANGER TO OTHERS, IT MIGHT COST MONEY. IT MIGHT NOT BE APPROVED AND YOUR MONEY'S OUT OF THE POCKET ALREADY, I GUESS, FOR FOLLOWING INSTRUCTIONS. SO, ALRIGHT. OKAY. THANK YOU MR. YOU COME OUT AND DO THE, THE CONCRETE WORK. I AM, UH, DOUBLE ROLL ON THE, ON THE REBAR 24 INCHES DEEP ALL THE WAY AROUND. I'VE GOT THAT ENGINEER'S LETTER ALSO. ALRIGHT, THANK YOU. UH, WITH, IF THERE'S NOTHING ELSE, UH, I'M LOOKING FOR A MOTION TO YOU, MR. BRAGMAN, REGARDING CASE NUMBER BO O A DASH 22 DASH 0 3 0 0 1 0 1. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A TWO FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A DETACHED CARPORT LOCATED IN THE REAR WITH OVERHANGING GUTTERS TO BE TWO FOOT SIX INCHES FROM THE SIDE PROPERTY LINE SITUATED AT 3 7 8 HAR COURT AVENUE APPLICANT BEING DAVID REYES. BECAUSE OF THE TESTIMONY PRESENTED TO US AND THE FACTS WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST BECAUSE THE VARIANCE REQUEST IS TO ALLOW A DETACHED CARPORT WITH OVERHANG AND GUTTERS TO BE TWO FOOT SIX INCHES FROM THE SIDE PROPERTY LINE, WHICH PROVIDES ADEQUATE SPACING BETWEEN THE NEW STRUCTURE AND THE SIDE PROPERTY. LINE. TWO, DUE TO SPECIAL CONDITIONS TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP BECAUSE IT WOULD RESULT IN THE DETACHED CARPORT HAVING TO MEET THE FIVE FOOT SIDE SETBACK REQUIREMENT AND ELIMINATING THE CARPORT FIVE FOOT FROM THE SIDE PROPERTY LINE, WHICH WOULD NOT ALLOW A WIDTH GREAT ENOUGH FOR A VEHICLE. THE UNNECESSARY HARDSHIP IS DUE TO THE CONFIGURATION OF THE PROPERTY AND EXISTING, UH, ACCESSORY STRUCTURE. THREE. BY GRANTING THE VARIANCE, THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS A TWO FOOT SIX INCH VARIANCE FROM THE FIVE FOOT MINIMUM SETBACK REQUIREMENT WILL OBSERVE THE SPIRIT OF THE ORDINANCE AND WILL NOT ADVERSELY AFFECT PROPERTIES IN THE IMMEDIATE AREA. 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 ZONE R FIVE. AND THE USE OF THE PROPERTY IS A SINGLE FAMILY DWELLING. SUCH VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. BECAUSE WITH SMALL, [01:30:01] WITH SMALL AVAILABLE WIDTH FOR PROPERTY IN THIS AREA, THE DETACHED CARPORT WITH OVERHAND AND GUTTERS ENCROACHING THE SITE SET SETBACK WOULD NOT ALTER THE CHARACTER OF THE DISTRICT. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR IT TO 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 SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE SMALL AMOUNT OF AVAILABLE SPACE. THE VARIANCE REQUEST IS NOT MERELY FINANCIAL END OF MOTION. IS THERE A SECOND? TEEL SECOND. UH, SECOND BY COMMISSIONER TEEL, UH, COMMISSIONER, UH, START THE DISCUSSION. BREGMAN? YES. I'LL BE IN SUPPORT OF THE MOTION AS, AS READ, UM, WITH THE, UH, ALLEYWAY GIVES HIM SOME ADDITIONAL SPACE. AND WE SAW NO OPPOSITION FROM NEIGHBORS. SO, UH, I'LL BE IN SUPPORT. COMMISSIONER THIEL? YES, I'M IN AGREEMENT WITH MY COLLEAGUE. UH, I THINK THERE'S MORE THAN ENOUGH SPACE FOR HIM TO BUILD A SAFE STRUCTURE, UH, SO I'LL BE IN SUPPORT. ALL RIGHT. IS THERE ANYONE WOULD LIKE TO ADD BEFORE WE TAKE A VOTE? HEARING NONSTOP, PLEASE TAKE A ROLL CALL. VOTE MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. TEAL? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. ALBERT I CONCUR. MR. MANCHACA I CONCUR. MR. ZUNIGA. I CONCUR. MR. CRUZ. I CONCUR. MR. MANNA I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. THANK YOU. ALL RIGHT, I THINK WE CAN GET ONE MORE IN BEFORE BREAK. ITEM SEVEN, UM, BO O A TWENTY TWO ONE TEN THREE HUNDRED ZERO ONE ONE THREE. I'M LOCATED AT 6 3 8 WEST AMIR STREET IN COUNTY DISTRICT NUMBER ONE. APPLICANT P BEING ORANGE PROPERTY, L L C. UM, CURRENT ZONING IS R FOUR CD WITH A CONDITIONAL USE FOR THREE 20 UNITS. UM, SO THE REQUEST IS, UH, VARIANCE REQUESTS TO EXCEED THE 2.5 STORY MAXIMUM TO ALLOW US THREE STORIES ON A STRUCTURE. UM, THE SUBJECT PROPERTY IS, UM, LOCATED ON WESTERN MINISTRY AND CONTAINS A SINGLE FAMILY RESIDENCE ON THE LOT UPON SITE VISITS. STAFF NOTICE THE BUILDING LOT IS PREEXISTING. THREE STORY STRUCTURE. THE SUBJECT PROPERTY DOES NOT, DID NOT MEET THE, UH, CURRENT NON-CONFORMING REQUIREMENTS AS IT WAS AWAKENED FOR MORE THAN A YEAR. AND ANY RE RE ANY REMODELING MUST MEET CURRENT CODE. UM, THIS EXCEEDS THE 2.5 STORY MAXIMUM REQUIREMENT. UM, THIS ADDRESS HAS BEEN RECENTLY REZONED CASE NUMBER BEING ZONING ZERO ZONING Z UH, 20 22 1 0 7 0 0 0 7 2. AND CITY COUNCIL VOTED TO APPROVE. UH, AND THAT IS THE CURRENT PICTURE OF THE SITE PLAN OF WHAT WE HAVE. UM, SUBJECT PROPERTY ITSELF WITH THREE STORIES ALREADY ON IT. UM, SIDE PICTURE OF THE PROPERTY, UH, THE OPPOSITE SIDE, UM, LEADING BACK TO THE REAR YARD. UM, THE REAR YARD ITSELF WITH THE COMMERCIAL BUILDINGS IN THE BACK. UH, SOME OF THE SURROUNDING AREAS. YOU CAN NOTICE SOME OF THE HOUSES ARE SIMILAR IN SIZE. ANOTHER SIMILAR SIZE HOUSE IN THE AREA. AND THEN THE VIEW OF THE STREETS AND SURROUNDING AREAS. UM, STAFF RECOMMENDS APPROVAL OF A VARIANCE TO EXCEED A 2.5 STORY MAXIMUM TO ALLOW A THREE STORIES ON THE STRUCTURE ON A BO O A 22 103 0 0 1 1 3 BASED ON THE FOLLOWING FINDINGS OF FACT, UH, THE THREE STORY HEIGHT WILL NOT ALTER ESSENTIAL CHARACTER OF THE DISTRICT AND THE STRUCTURE WILL NOT NEGATIVELY AFFECT NEIGHBORING PROPERTIES AND THE BUILDING IS PREEXISTING. UH, THERE WAS 16 NOTICES SENT. THERE WERE ZERO IN FAVOR, ZERO IN OPPOSITION, AND THERE WAS, UM, NO RESPONSE FROM THE FIVE POINTS OWNERS ASSOCIATION. UM, THAT CONCLUDES STAFF PRESENTATION AND THE APPLICANT IS PRESENT. TEAL. HI COMMISSIONER TEAL. UH, WAS IT REZONED TO THE R FOUR CD? YES. THAT IT WAS REZONED TO THAT FOR THAT EXTENT. AND WHAT WAS IT PREVIOUSLY? UM, JUST R FOUR. THANKS. UH, SO HOLD ON. SO IT WAS, IT WAS ZONED C AND CONVERTED TO MF 33 AND THEN IT WENT TO R FOUR AND THEN IT WENT THEN REZONED TO THE THREE CONDITIONAL UNITS. AND THEN WAS THIS WAS THE STRUCTURE? UH, TWO AND A HALF STORIES ORIGINALLY? IT WAS ORIGINALLY THREE, IT WAS FULL THREE STORIES. MM-HMM. . OKAY. THANK YOU. ALL RIGHT. IS THE APPLICANT PRESENT? HI. HELLO. JUST LET US KNOW YOUR, LET US KNOW YOUR NAME AND BEGIN YOUR PRESENTATION. OF COURSE. UH, HI, MY NAME'S AMANDA FLY. AND, UM, FIRST OF ALL, I'M SUPER HAPPY AND EXCITED TO FINALLY BE HERE IN FRONT OF YOU GUYS. YOU GUYS ARE, I'VE ALREADY BEEN THROUGH ZONING AND I GOT TO GO THROUGH ADDRESSING AND, AND NOW I'M HERE AND I'M JUST, IT'S A LITTLE LIGHT AT [01:35:01] THE END OF THE TUNNEL . SO THANKS. UM, I JUST WANTED TO LET YOU KNOW THAT, UH, WE, UH, ONE THING I WANTED TO CORRECT IS WE DID HAVE, UM, SUPPORT, WE HAD SUPPORT FROM THE COUNCIL MEMBER OF DISTRICT ONE. WE, UH, MARIO BRAVO, WE HAD SUPPORT FROM FIVE OF OUR NEIGHBORS AND THEY WROTE LETTERS TO THE ZONING COMMISSION AND I GUESS THEY JUST DIDN'T GET TRANSFERRED OVER HERE. AND, UM, AND SO I JUST WANTED TO LET YOU KNOW THAT WE DID HAVE SUPPORT ALSO, WE, UH, RECEIVED A LETTER FROM THE FIVE POINTS, H O A SAYING THAT THEY LOVE THE IDEA OF OUR PROJECT, BRINGING SOME AFFORDABLE HOUSING. IT'LL BE THREE UNITS. AND, UM, THEY WERE SUPER EXCITED BECAUSE THE, IT WAS ACTUALLY O BEEN OVER TWO YEARS WHERE IT WAS VACANT AND IT WAS KIND OF A HOMELESS HUB. AND SO THEY WERE EXCITED THAT WE WERE ABLE TO COME IN AND, YOU KNOW, CLEAN IT UP AND THEN WAIT FOR OUR ZONING TO GET IT STARTED. SO, UM, OTHER THINGS I WANT YOU TO KNOW IS THAT THE FOOTPRINT OF THE PROPERTY HAS NOT CHANGED AND THE HEIGHT OF THE PROPERTY HAS NOT CHANGED. UM, IT'S 33 FEET HIGH AND MAXIMUM IS 35 FEET HIGH FOR RESIDENTIAL. AND SO, UM, LEMME KNOW WHAT QUESTIONS YOU HAVE. I'M EXCITED. TELL ME, ALL RIGHT, IS THERE ANY, UH, FIRST OF ALL, WE'LL SEE IF THERE'S ANYBODY TIME TO SPEAK OR ANY, UH, VOICEMAILS. NO PUBLIC COMMENT. ALL RIGHT. SO I DO HAVE ONE CLARIFICATION. YES. SO THAT MS. FLY KNOWS, UM, EACH PROCESS IS INDEPENDENT OF ONE ANOTHER. AND SO WE SEND NOTICES OUT FOR EACH INDIVIDUAL HEARING. SO WE DID NOT OFFICIALLY RECEIVE ANY NOTICES BACK FOR THIS PARTICULAR HEARING, BUT WE APPRECIATE YOU LETTING US KNOW ABOUT THE OTHERS. THANK YOU. THANK YOU. ALL RIGHT, SO WE'RE GONNA GO WITH COMMISSIONER QUESTIONS, COMMISSIONER ZUNA. RIGHT. SO QUICK QUESTION. SO THE VARIANCE IS, IS SUCH A, I GUESS THE WAY THE CODE READS A TWO AND A HALF STORY, THAT HALF STORY WOULD HAVE TO LIMIT THE AMOUNT OF SQUARE FOOTAGE ON THAT THIRD FLOOR. IS THAT WHAT HAS A PERCENTAGE OF THE MAIN FLOOR? RIGHT. AND SO THAT'S WHAT WE'RE TRYING TO THEN RECOGNIZE THAT THE THIRD FLOOR IS GONNA BE A FULL FLOOR PLATE. THEY WOULD NOT LET ME PUT, UH, ANY TYPE OF KITCHEN IN THE THIRD FLOOR. THAT WOULD BE THE CONCLUSION AS WELL. RIGHT. SO I'M NOT SURE ABOUT THE, I DON'T, I DON'T, THEY, NO ONE'S EVER MENTIONED ABOUT THE SQUARE FOOTAGE OR ANYTHING LIKE THAT. THEY JUST SAID I COULDN'T PUT A KITCHEN UP THERE. WELL, TYPICALLY A HALF STORY IS 50% OF WHAT THE GROUND FLOOR IS. OH, I SEE. SO, AND ARE WE, ARE, WE COMPLY WITH THE 50% OF THE GROUND FLOOR, UM, AREA ON THE THIRD FLOOR. AND ALL YOU'RE TRYING TO DO IS ADD THE KITCHEN OR, UH, SO BASICALLY, UH, CURRENTLY THE, UH, TOP FLOOR, UH, THE, THE FIRST FLOOR IS A A THOUSAND SQUARE FEET, AND THEN THE UNIT UPSTAIRS WOULD BE 600. SO I GUESS IT'S A LITTLE BIT OVER 50%. OKAY. BUT BASICALLY WE'RE COMPLYING WITH THE TWO AND A HALF STORIES. JUST, YOU NEED THAT KITCHEN UNIT, RIGHT? YEAH. NOBODY LIKES TO RENT A PLACE WITHOUT A KITCHEN. GO FIGURE . I DON'T COOK, SO I DON'T KNOW. YOU'RE, YOU'RE, SO YOU'RE DOING, YOU'RE DOING DIFFERENT DWELLING ON EACH FLOOR? YES, SIR. OKAY. MM-HMM. , ANY OTHER QUESTIONS? BRAMAN? COMMISSIONER BRACKMAN? SO I'M LOOKING AT A SITE PLAN AND IT SHOWS UNIT ONE, TWO, AND THREE, BUT THEY ALL SEEM TO BE FAIRLY SIMILAR IN, IN SQUARE FOOTAGE. IS THIS ACCURATE? UM, I BELIEVE THAT THE UNIT NUMBER THREE, UH, IT SHOULD BE LOWER THAN THAT, BUT I CAN CONSIDERABLY LOWER OR JUST SLIGHTLY LOWER. UH, SLIGHTLY LOWER. SLIGHTLY LOWER. I DON'T, SO I THINK THAT WAS A, A, UM, I'M NOT SURE. SO THAT, THAT THIRD FLOOR I WAS, I REMEMBER AND MY NOTES, I HAVE IT AT 600 SQUARE FEET, BUT I, I MEAN IF WE PUT IT THAT THERE, WE'VE BEEN THROUGH SEVERAL REVISIONS WITH THE ARCHITECT. WELL, I GUESS MY QUESTION IS THEN, IS THAT PART OF THE VARIANCE? BECAUSE THAT THIRD FLOOR IS NO LONGER GONNA FIT WITHIN THAT SQUARE FOOTAGE, THE 50% OF THE FIRST FLOOR? NO MA'AM. IT, IT DOESN'T APPLY THAT WAY. THE, THIS IS JUST TO CONSIDER WHETHER IT SHOULD BE TWO, UH, UM, THREE STORIES, THREE FULL STORIES. THAT'S ALL IT IS. THANK YOU. OKAY. SO THIS, THE, THESE SQUARE FOOTAGES ARE NO, THEY, THEY DON'T APPLY. AND IN FACT, UM, THEY NEED TO SOMETIMES KIND OF CUSHION THE SQUARE FOOTAGE JUST A TINY BIT BECAUSE IF THEY HAVE TO CHANGE THIS SITE PLAN THAT THEY SUBMITTED TO ZONING COMMISSION AND COUNCIL FOR APPROVAL, THEN THEY WIND UP HAVING TO DO A MAJOR AMENDMENT BECAUSE THEY'RE CHANGING THE SQUARE FOOTAGE OF WHAT THEY PROPOSED. SO, UM, IT, IT'S, UM, THE SQUARE FOOTAGE IN THIS PARTICULAR CASE IS NOT APPLICABLE. OKAY. THANK YOU. SO I, I JUST HAVE A QUICK QUESTION. NORMALLY WHEN YOU MOVE FORWARD WITH SOMETHING LIKE THIS, WOULDN'T YOU HAVE TO GO TO THE B O A CONCURRENTLY OR PRIOR TO THE ZONING? BECAUSE WHAT THEY'RE ASKING FOR IS, IS A VIOLA WHAT THEY GOT APPROVED FOR IS A VIOLATION? YES. GENERALLY WE DO ASK THEM TO, TO GO AHEAD OF TIME. OKAY. JUST NOT, DIDN'T MAKE IT THIS TIME. UH, I'M GUESSING BECAUSE THEY DIDN'T APPLY, THEY PROBABLY APPLIED FOR NON-CONFORMING [01:40:01] USE. IT DIDN'T, DIDN'T FLY THAT WAY. SO THEN THEY WOUND UP HAVING TO APPLY. OKAY. AND THEN THEY GOT PUT IN A QUEUE AND WE'LL TALK ABOUT THAT BACKLOG IN A LITTLE BIT. . YES, I KNOW YOU'LL ALRIGHT. SO IS THERE ANY OTHER QUESTIONS? COMMISSIONER ALBERT? UH, YES MA'AM. YOU MENTIONED THAT YOU DIDN'T CHANGE THE, THE FLOOR PLAN OR THE FOOTPRINT AND YOU DIDN'T CHANGE THE OVERALL HEIGHT, BUT DID THE ROOF FORM OR ANYTHING ELSE CHANGE? OR IS THIS PROBLEM STRICTLY CAUSED BY ZONING CHANGES? MOSTLY CAUSED BY ZONING CHANGES? MOSTLY RESTRICTED THE ROOF FORM CHANGE. UH, THE ROOF FORM CHANGED IN, UH, ONE AREA BECAUSE IT WAS BURNT, SO WE HAD TO REDO, UH, THE BACK CORNER OF THE ROOF. OKAY, THANK YOU. SO WE DID COMMISSIONER CHAKA, UH, JUST HAVE A SMALL QUESTION. UH, IS THIS GONNA BE YOUR HOME OR RENTAL PROPERTY? THIS IS GONNA BE A RENTAL PROPERTY. THANK YOU. MAYBE IF I CAN CONVINCE MY HUSBAND TO MOVE DOWN TO TOWN SAN ANTONIO, I WOULD RENT, I WOULD GO ON THE SECOND FLOOR WITH THE, WITH THE BALCONY. BUT , I'M STILL WORKING ON THAT ONE. THANK YOU. ALRIGHT, IF THERE'S NOTHING ELSE, UH, WE'RE GONNA GO AHEAD AND, UH, TAKE A ROLL CALL, VOTE SEAL. UH, MAKE A MOTION. OH, THAT'S RIGHT. WE NEED A MOTION FIRST, WHO'D LIKE TO MAKE A MOTION REGARDING CASE NUMBER BO EIGHT DASH 22 DASH 3 1 3. I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED A REQUEST FOR VARIANCE TO EXCEED THE 2.5 STORY MAXIMUM TO ALLOW THREE STORIES ON A STRUCTURE SITUATED AT 6 3 8 WEST ELMIRA STREET, APPLICANT BEING ORANGE PROPERTY L C. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE APPLICANT'S REQUEST TO ALLOW THREE STORIES WILL NOT BE CONTRARY TO THE PUBLIC INTEREST AS THE BUILDING WAS PREVIOUSLY. THREE STORIES IN HEIGHT BEFORE TWO DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP BECAUSE WITHOUT THE REQUESTED VARIANCE, THE APPLICANT WILL HAVE TO CONFORM TO THE TWO AND A HALF MAXIMUM STORY REQUIREMENT. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED VARIANCE IS TO ALLOW A STRUCTURE TO BE THREE STORIES IN HEIGHT DUE TO THE CONFIGURATION OF THE PROPERTY AND THE STRUCTURE BEING EXISTING. THIS WILL OBSERVE THE SPIRIT OF THE ORDINANCE. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANTS 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 WITH THE SMALL AVAILABLE WIDTH OF THE PROPERTY IN THIS AREA. EXCUSE ME. STINES REQUESTED VARIANCE DO NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THESE ARE NEW BUILD STRUCTURE. THERE ARE SEVERAL OTHER HOMES WITH A SIMILAR NUMBER OF STORIES ON WEST EL MEYER. THE VARIANCE BEING REQUESTED WILL NOT 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 TO PLIGHT TO THE PROPERTY OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE STRUCTURE BEING EXISTING. THE VARIANCE REQUEST IS NOT MERELY FINANCIAL END OF MOTION. IS THERE A SECOND? SECOND. SECOND. BY COMMISSIONER KAPLAN. COMMISSIONER THIEL. YES. I'LL BE UNSU SUPPORT OF THIS. I HATE WHEN, WHEN, YOU KNOW, THESE SORT OF SEMANTICS REQUIRE YOU TO COME BEFORE THE BOARD. THE HOME IS, WAS BUILT AS A THREE STORY STRUCTURE. IT SHOULD BE ALLOWED TO BE USED AS A THREE STORY STRUCTURE. AND I'M SORRY THAT YOU HAD TO GO THROUGH ALL THIS JUST TO MAKE THAT HAPPEN, MR. CATHOLIC. WELL, IT'S A LEARNING PROCESS, SO THANK YOU. YEAH. AND, AND, AND I APPLAUD YOU FOR RENOVATING, PUTTING ALL THAT MONEY IN AND BRINGING THAT BUILDING BACK TO LIFE. IT CERTAINLY, UH, HELPS THE STREETSCAPE, IT'LL HELP THE NEIGHBORHOOD. SO, AND ALSO PROVIDE SOME MORE HOUSING. SO THANK YOU. THANK YOU. ALL RIGHT. ANYONE ELSE? MANNA COMMISSIONER MANNA? YEAH, I GUESS SO. SO I NOT I AM FOR THIS, SO, BUT, BUT I WILL CAUTION 'CAUSE I DO LOOK, AND IT WAS A TWO STORY STRUCTURE AND IT WAS NOT A THREE STORY STRUCTURE. UM, AT LEAST IN 2007 IT WASN'T. AND SO, BUT IT DOES LOOK LIKE THE, THAT THE, THE, THE ROOFING WAS REMOVED BY MAYBE ROOF, UH, FIRE AND IT LOOKS LIKE IT'S BEEN ADDED TO THAT. BUT, BUT I AM FOR HAVING A THREE STORY STRUCTURE THERE. SO, UH, ALL RIGHT. I'M ALSO IN FAVOR OF THIS. I'LL BE VOTING IN FAVOR OF IT. UM, I WENT BY THERE ON MY BICYCLE, UH, YESTERDAY AND, UH, NOTICED THAT, UH, THERE ARE OTHER THREE STORY BUILDINGS THERE. IT, IT LOOKS LIKE IT WOULD FIT IN JUST FINE. I DO HAVE A CONCERN THOUGH THAT, UH, [01:45:01] THERE WERE LIKE FIVE DIFFERENT, UH, CONSTRUCTION COMPANIES DOING MODIFICATIONS TO THE PROPERTIES THERE. UH, ALL OF 'EM ARE OUR FOUR, WHICH WOULD LIMIT THEM TO TWO AND A HALF STORIES, AND THEY'RE SINGLE FAMILY. SO, UH, IT LOOKS LIKE WE'RE GONNA HAVE PROBLEMS IN THAT AREA COMING FORWARD BECAUSE MOST OF THOSE SINGLE FAMILY HOMES ARE BEING RENOVATED FOR MULTIFAMILY AT THE MOMENT. WELL, YOU HAVE, UM, YEAH, THEY ARE ALL R FOUR UP AND DOWN THE STREET, BUT THAT'S RIGHT. BUT LITERALLY THEY'RE BEING USED ACROSS THE STREET. THERE'S, UH, A THREEPLEX, A PLEX, AND THEN TWO FOURPLEXES ACROSS THE, SO THIS NOT ZONED CORRECTLY, THE, THE AREA, IT COULD HAVE BEEN ONE, IT COULD HAVE BEEN CHANGED IN GRAND AND NON-CONFORMING USE WOULD EXPLAIN THAT. UH, BUT THAT'S UP TO STAFF TO, UH, SINCE IT'S ALREADY BEEN APPROVED FOR ZONING. UH, BUT I CAN SEE GOING FORWARD THAT THAT'S A PROBLEM FOR THE ENTIRE STREET, NOT JUST THIS ONE PROPERTY. RIGHT. WELL, THANK YOU. UM, IF THERE'S NOTHING ELSE, UH, WE'LL HAVE A ROLL CALL. VOTE PLEASE. MR. TEO. YES, I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. ALBERT. I CONCUR. MR. MANCHACA. I CONCUR. MR. ZIKA. I CONCUR. MS. CRUZ. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR WITH, I CONCUR WITH THE FINDINGS OF FACT. FACT. MR. UNA, I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. UH, MOTION PASSAGE UNANIMOUSLY. CONGRATULATIONS. THANKS GUYS. YOU HAVE A GREAT DAY AND HAVE, HOPEFULLY THIS IS IT. THIS IS IT. YOU CAN, YEAH. YOU'RE ALL DONE . I KNOW. ALL RIGHT, I'M GONNA GO AHEAD AND CALL FOR A BREAK. UM, SEE EVERYBODY BACK. UH, 10 MINUTES. MM-HMM. , ITEM NUMBER EIGHT IS BO A DASH 22 DASH 0 3 1 14. LOCATED AT, UH, 1119 NORTH OLIVE STREET COUNCIL DISTRICT ONE APPLICANT'S JASON WHITEHEAD. UH, THIS IS A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW AN ADDITIONAL TYPE TWO SHORT-TERM RENTAL, UH, ON THE PROPERTY. UH, THE ZONING FOR THIS IS R SIX RESIDENTIAL SINGLE FAMILY. UM, SUBJECT PROPERTY IS GENERALLY LOCATED EAST OF THE LACKLAND AIR FORCE BASE ANNEX, UH, NEAR THE SOUTHWEST CORNER OF SHERMAN STREET AND NORTH OLIVE. IT'S ALSO EAST OF DOWNTOWN AND NORTH OF THE ALDO. UH, THE PROPERTY CURRENTLY HAS ONE NEWLY CONSTRUCTED SINGLE FAMILY DWELLING. UH, THE SURROUNDING USES INCLUDES SINGLE FAMILY RESIDENTIAL HOMES, UH, AND INDUSTRIAL WAREHOUSE TO THE NORTHEAST. UH, THERE'S CURRENTLY ONE OTHER TYPE TWO S C R PERMIT ISSUED DOWN THE STREET FROM THE SUBJECT PROPERTY. AND THIS IS THE ONLY OTHER TYPE TWO ISSUED FOR THE BLOCK FACE. APPLICANT'S SEEKING A SPECIAL EXCEPTION TO, UH, THE OPERATION OF ADDITIONAL SHORT-TERM RENTAL TYPE TWO SHORT-TERM RENTAL UNIT. UH, IN ADDITION TO THE ONE THAT'S CURRENTLY PERMITTED. ON THIS NEXT SLIDE, YOU CAN SEE THE, UH, TYPE TWO PERMIT LOCATED DOWN THE STREET AT 1125 NORTH OLIVE. UH, THIS IS THE SITE PLAN THAT WAS SUBMITTED ALONG WITH, UH, FOR, UH, WITH THE PERMIT APPLICATION. UH, AND THEN THE FOLLOWING SLIDES ARE GONNA SHOW THE LOCATION. THIS IS THE, UH, THE PROPERTY, SUBJECT PROPERTY. UM, NEXT SLIDE SHOWS THE NORTH SIDE. UH, NEXT SLIDE WILL BE THE SOUTH SIDE. THAT'S NOT THE SUBJECT PROPERTY, THAT'S THE ADJACENT ONE. UH, STAFF RECOMMENDS DENIAL. UH, BASED ON THE FOLLOWING FINDINGS OF FACT, UH, THERE'S CURRENTLY ONE ACTIVE TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK FACE. UH, 35 NOTICES WERE MAILED OUT, ZERO RETURN IN FAVOR, ZERO IN OPPOSITION. AND THERE WAS NO RESPONSE FROM THE D WOODY HILL NEIGHBORHOOD ASSOCIATION. UH, AND THE APPLICANT IS PRESENT. ALRIGHT, THANK YOU MANNA. UH, COMMISSIONER MANNA. SO FOR CITY, SO I WAS TRYING TO FIND, UH, WHERE THE LOCATION OF THE OTHER SHORT-TERM RENTAL IS. 'CAUSE I WENT ONLINE AND I DIDN'T SEE IT. SO WAS IT ON THE MAP THERE? YEAH, IT'S, UH, 1125 RIGHT HERE. OKAY. OKAY. THANK YOU. SORRY. OKAY, THANK YOU. YEAH. ALRIGHT. THANK YOU VERY MUCH. IS THE APPLICANT PRESENT? YES. ALL RIGHT. IF YOU COULD PLEASE, PLEASE STATE YOUR NAME. YOU CAN BEGIN, UH, BEGIN YOUR PRESENTATION. ALL RIGHT. MY NAME IS JASON WHITEHEAD, AND 1119 IS MY HOUSE. UM, LIKE I SAID, THIS IS MY HOUSE. UH, MY WIFE THOUGH CURRENTLY WORKS FOR THE DEPARTMENT OF HOMELAND SECURITY, AND SHE'S ASSIGNED TO THE FIELD [01:50:01] OFFICE IN NEW ORLEANS FOR THE NEXT COUPLE YEARS. UM, WITH HER WORKING OVER THERE WITH MY YOUNG KIDS, WE KIND OF HAD TO GO. UM, SO INSTEAD OF JUST LETTING OUR HOUSE SIT THERE VACANT, WHICH DOESN'T DO US ANY GOOD, IT DOESN'T DO THE NEIGHBORHOOD OR THE CITY ANY GOOD. WE WOULD LIKE FOR, UM, TO GET A PERMIT FOR IT TO BE A SHORT-TERM RENTAL. UH, WE DO INTEND, UH, TO SPEND AS MUCH TIME HERE AS WE POSSIBLY CAN. I MEAN, THIS IS MY HOME, MY FAMILY'S HERE. UM, BUT AGAIN, WITH US BEING OVER THERE, WE CAN'T BE HERE ALL THE TIME. AND SO WE'D LIKE TO DO THAT AS OPPOSED TO HAVE A LONG-TERM RENTAL, WHICH MEANS THAT WE WOULDN'T HAVE ACCESS TO THE PROPERTY AT ALL. THE ONLY OTHER THING THAT I WOULD ADD IS THE HOUSE THAT IS NEXT TO US THAT HAS A SHORT TERM RENTAL IS SIGNIFICANTLY SMALLER THAN OURS. IT'S A VERY NICE PLACE, AND THE NEIGHBORS ARE GREAT. UM, BUT IT'S A LOT SMALLER THAN OURS. OURS IS A THREE BEDROOM. I THINK THEIRS IS MAYBE A ONE OR TWO. SO IT ALLOWS A LOT MORE PEOPLE THAT'LL BE ABLE TO STAY THERE. ALSO, WITH THE LOCATION OF THIS, I MEAN, IT'S RIGHT NEXT TO THE PEARL, IT'S RIGHT NEXT TO DOWNTOWN. IT OFFERS ACCESS, EASY ACCESS TO ALL THE AMENITIES THAT ARE DOWNTOWN. UH, BRACKENRIDGE PARK, THE PEARL, UM, LADA MERCADO, ALL THOSE THINGS ARE RIGHT THERE. UM, AND IT, AND IT'S A GREAT NEIGHBORHOOD. I MEAN, THAT'S, AGAIN, THAT'S WHY I BOUGHT THE HOUSE THERE. SO, LIKE I SAID, I MEAN THAT'S, THAT'S WHY WE'RE APPLYING FOR THIS. OKAY. UH, SIT TIGHT FOR A SECOND. IS THERE ANY, UM, PUBLIC COMMENTARY? THIS IS NO PUBLIC COMMENT. ALL RIGHT. SO WE'RE GONNA OPEN THIS UP TO QUESTIONS, BUT I WANTED TO GET A FEW OUT OF THE WAY. SO YOU, YOU OWN THIS NOT AS A CORPORATION, BUT AS INDIVIDUAL? NO, THIS IS MY HOUSE. YEAH. OKAY. THIS IS NOT A CORPORATION WE DIDN'T INVITE AS AN, BELIEVE ME, I DIDN'T HAVE TO HAVE PEOPLE IN MY HOUSE. I WOULDN'T LET 'EM. BUT AGAIN, UM, CIRCUMSTANCES CALL US AWAY UNTIL MY WIFE IS DONE. UM, AND THIS ALLOWS US TO STILL HAVE ACCESS TO THE PROPERTY. THE, THE REASON WHY I ASK IS THAT WHEN, WHEN YOU'RE, IF, IF THIS WERE TO GET APPROVED, YOUR PERMIT WOULD BE GOOD FOR THREE YEARS. OKAY. AND, UH, IF THE HOUSE HAS EVER SOLD, IT GOES AWAY. UH, UNLESS IT WAS A CORPORATION AND THEN YOU SOLD THE CORPORATION. SO, YOU KNOW, IT, IT, IT, HAVING IT BEING OWNED INDIVIDUALLY DOES GIVE SOME SORT OF, UM, UH, IT'S JUST INFORMATION THE BOARD MAY WANT TO KNOW ABOUT, JUST IN CASE YOU HAPPEN NOT TO MOVE BACK HERE OR WHO KNOWS WHAT HAPPENS, UH, AND THE HOUSE IS SOLD, THEN IT, THE PERMIT WOULD GO AWAY. SO THAT'S, IT'S JUST SOMETHING THAT, YEAH, I MEAN THAT'S UNDERSTOOD. BUT I, OUR INTENTION IS 100% TO, LIKE I SAID, I MEAN, SAN ANTONIO'S MY HOMETOWN, SO. OKAY. SO WE'RE GONNA SEE THIS. I HATE TO BELIEVE IN THE FIRST PLACE, . IT'S OKAY. WE'LL SEE IF THERE'S ANY QUESTIONS. OKAY. HEARING NONE, UM, I'LL JUST KEEP GOING ON A LITTLE BIT. OKAY. I'M SURPRISED YOU THERE WASN'T ANY SORT OF RESPONSES, NOT EVEN FROM THE NEIGHBORHOOD ASSOCIATION. I MEAN, I'M JUST, DID DID Y'ALL TALK TO ANY OF THE NEIGHBORS OR PERHAPS ANY REPS FROM WE, DID WE, WELL, YOU KNOW, UH, LIKE I SAID, WE ACTUALLY TALKED TO THE PEOPLE THAT HAVE THE PROPERTY ON THIS. IT WOULD BE JUST ABOVE US, THE PEOPLE THAT HAVE THE OTHER SHORT TERM RENTAL, UM, SUPER NICE PEOPLE. IN FACT, THEY EVEN HELPED US GET INSURANCE, UH, IF WE WERE GONNA RENT IT OUT. UH, THE PEOPLE THAT ARE DIRECTLY TO THE SOUTH OF US, UM, I MEAN, WE KNOW THOSE GUYS AS WELL. NOBODY REALLY SAID ANYTHING. AND I MEAN, WE DIDN'T REALLY BROADCAST THAT WE WERE GONNA PUT IT UP. UM, I DO KNOW, I, I KNOW THE FLYERS THAT THE CITY SENT OUT, ASKING FOR COMMENTS, STUFF LIKE THAT. SURE. AND THEY PROBABLY HAD A SIGN TOO. YEAH. BUT, BUT I MEAN, WE DIDN'T REALLY, SO WE DIDN'T REALLY ASK ANYBODY TO COME AND ADVOCATE FOR US HOW MANY OFF STREET PARKING SPACES COULD, DOES YOUR PROPERTY SUPPORT? I SAW A DRIVEWAY, BUT DOES IT CONTINUE TO GO TO WHERE YOU COULD FIT MORE THAN ONE CAR THERE? OH YEAH. IT'S, SO IT'S NOT PART OF THE, THE ORIGINAL STRUCTURE WAS BUILT IN LIKE 1900. UM, HOWEVER, BACK IN THE 1980S, WELL BEFORE WE BOUGHT IT, BUT I BELIEVE IT WAS IN THE EIGHTIES OR EARLY NINETIES, THERE WAS A, UM, CAR PARK, CAR SHED THAT WAS BUILT IN THE BACK. SO THERE'S ACTUALLY ENOUGH ROOM TO PUT TWO CARS ON THE SIDE OF THE HOUSE AND TOWARDS THE FRONT OF THE HOUSE. BUT YOU CAN ALSO GO BACK AND, AND THERE IS, IT'S BIG ENOUGH TO PUT A CAR IN IT. THERE'S A CARPORT ATTACHED TO IT THAT YOU CAN PUT A CAR. SO YEAH, I MEAN, IF YOU'RE CONCERNED ABOUT ON STREET PARKING, THERE'S PLENTY OF PLACES ON THE PROPERTY ITSELF THAT WOULD KEEP IT OFF THE STREET AND OFF THE SIDEWALKS AND STUFF LIKE THAT. ALL RIGHT. THANK YOU. UH, ANY COMMISSIONER, OTHER COMMISSIONER QUESTIONS? UH, WELL, NO OTHER QUESTIONS, SO UNLESS THERE'S, UH, ANYTHING YOU'D LIKE TO ADD, WE'RE GONNA OPEN THIS UP FOR A MOTION. NO, THANK YOU VERY MUCH. I'M LOOKING FOR A MOTION. O ZUNA COMMISSIONER ZUNA, REGARDING CASE NUMBER BO O A DASH 22 DASH 0 3 4 1 4. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO SHORT-TERM RENTAL UNIT SITUATED AT 1 1 1 9 NORTH OLIVE STREET, APPLICANT BEING JASON WHITEHEAD. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS [01:55:01] PROPERTY, SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY, UH, ENDANGER THE PUBLIC HEALTH OR SAFETY. THE BOARD FINDS THAT THE REQUEST TO OPERATE AN ADDITIONAL SHORT-TERM RENTAL IS UNLIKELY TO MATERIALIZE TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY, OR WELFARE. THERE'S NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY. B, THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE. THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE A PUBLIC NUISANCE WOULD BE CREATED IF AN ADDITIONAL SHORT-TERM RENTAL PERMIT WAS APPROVED. SEE, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY STRUCTURES AND INDUSTRIAL WAREHOUSES. THIS UNIQUE SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT. IT WILL SUBSTANTIALLY INJURE NEIGHBORING PROPERTY AS A TYPE TWO SHORT-TERM RENTAL, EXCUSE ME, EXCUSE ME. D ADEQUATE UTILITIES ACCESS, ROAD STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER UNNECESSARY FACILITIES HAVE BEEN OR ARE, ARE BEING PROVIDED. THE SUBJECT PROPERTY PROVIDES OFF STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS IN, IN OPEN SPACE. EITHER APPLICANT OR OWNER FOR THE SPECIAL EXCEPTION, DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSE. CONFIRMED CITATIONS OR ADJUDICATED OFFENSES CONVICTIONS FOR VIOLA VIOLATIONS OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITH ONE WITHIN ONE YEAR PRIOR TO THE DATE OF THE APPLICATION. THE APPLICANT DOES NOT HAVE ANY HISTORY OF REVOCATION, CITATIONS, OR CONVICTIONS FOR VIOLATIONS OF CHAPTER 16. AFTER THE SPECIAL EXCEPTION WILL ALL WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND THE LOCATION, WHICH THE PROPERTY, WHICH THE SPECIAL EXCEPTION OF SOUGHT THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO COMMERCIAL AND OTHER RESIDENTIAL USES OF VARYING INTENSITY WITH THE PROPERTY OWNER PROVIDING ALL STREET PARK AND MAINTAINING IT FROM THE NEIGHBORING AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY. THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THEIR DISTRICT AND LOCATION FOR IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION AND OF MOTION. SECOND, SECOND, SECOND BY COMMISSIONER CRUZ. UH, COMMISSIONER ZUNA. YEAH, SO I'M GONNA SUPPORT THE MOTION. I MEAN, I THINK THIS IS THE VERY REASON THAT THE BOARD IS, IS HERE TO ADJUDICATE AND, AND MAKE DECISIONS THAT, UH, DO NOT FULFILL FALL WITHIN THE LINE OF, OF THE CITY CODE. I MEAN, HERE, UH, THE, THE, UH, PROPERTY HAD HAD NO, UH, THAT THE REQUEST HAD NO OPPOSITION FROM THE NEIGHBORING PROPERTIES THAT WERE NOTIFIED. UH, IT'S CLOSE PROXIMITY TO ALL THE, UH, AMENITIES THAT THE CITY HAS TO OFFER. IT PROVIDES A SOLUTION FOR THE APPLICANT, UH, TO PROVIDE, YOU KNOW, HOUSING WHEN HE IS BACK IN SAN ANTONIO AND TO MAINTAIN THE PROPERTY UNTIL HE COMES BACK. OTHERWISE, THE PROPERTY, UH, POTENTIALLY COULD BE VACANT IF HE WAS LOOKING TO COME BACK AND ENJOY THE PROPERTY FOR EXTENDED WEEKENDS OR SUCH WITH HIS FAMILY. SO, UH, HEARING NO OPPOSITION FROM THE NEIGHBORS THAT WOULD BE MOST LIKELY AFFECTED PROVIDES A SOLUTION FOR THE APPLICANT, UH, DOES NOT HAVE, YOU KNOW, ANY OTHER OPPOSITION. UH, I'M SUPPORTING THE MOTION. THANK YOU. COMMISSIONER CRUZ. I CONCUR WITH MR. ZUNIGA. I DON'T SEE ANY PROBLEMS WITH IT, AND ESPECIALLY UNA. UH OH, ZUNA. OH, ZUNA. I'M SORRY, SIR. SORRY, SIR. I, I'M SORRY. I GOT USED TO FIRST NAMES. OKAY. SO ANYWAY, NO OPPOSITION FROM ANYONE AND I DON'T SEE A PROBLEM WITH IT. I THINK IT WOULD BE GREAT FOR THE NEIGHBORHOOD. THANK YOU. THANK YOU. I WOULD BE VOTING AGAINST THIS ONE. UH, OKAY. PRIMARILY BECAUSE THIS AREA ALREADY HAS SEVERAL, UH, SHORT-TERM RENTALS. IT'S, UH, TAKING LONG-TERM RENTAL PROPERTY WHERE PEOPLE REALLY NEED, UH, YOU KNOW, TO LIVE DOWNTOWN. AND IT'S TURNING IT INTO, UH, YOU KNOW, A SHORT TERM RENTAL IN AN AREA THAT IS OVER REALLY KIND OF SATURATED WITH THEM. OKAY. UH, IF THERE'S ANYONE ELSE, ALBERT, UH, COMMISSIONER ALBERT. I'LL ALSO NOT BE IN SUPPORT OF THIS, UH, APPLICATION. I THINK THE CURRENT CITY GUIDELINES STRIKE A GOOD BALANCE BETWEEN VISITORS AND RESIDENTS. AND, UH, IT'S ALWAYS GOOD TO HAVE, UH, ENOUGH HOUSING FOR OUR RESIDENTS. UH, SO I'LL BE SUPPORTING STAFF'S RECOMMENDATION FOR DENIAL. OKAY. ANYONE ELSE? I'M JUST GONNA ADD THAT I'LL BE IN SUPPORT OF THIS. UH, THE MAIN REASON WHY IS BECAUSE IT'S NOT OWNED BY A COMPANY. IT'S OWNED BY AN INDIVIDUAL WHO HAS A SHORT-TERM, UH, REASON TO BE, UH, AWAY FROM THEIR HOME. AND THEY'VE, AND, AND THE APPLICANT DID EXPRESS THAT THEY DID, DID NOT WANT TO DO A RENT A LONG-TERM RENTAL. SO I THINK THAT THIS IS A, IT'S A, IT'S, IT'S A THREE YEAR EXPERIMENT. SO WITH THAT STAFF, YOU TAKE A ROLL CALL. VOTE PLEASE. MR. UNA. YES, I CONCUR. MS. CRUZ? YES, I CONCUR. MR. SPILLMAN, I DO NOT CONCUR. MR. SCOTT. I DO NOT CONCUR. MR. MENCHACA. I DO NOT CONCUR. MR. ZKO. I DO NOT CONCUR. MR. MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT MS. MS. KAPLAN. I DO NOT CONCUR WITH THE FINDINGS OF FACT. [02:00:03] MR. TEO? YES, I CONCUR. MR. ORIAN. AND YES, I ALSO CONCUR. MOTION FAILS SIX TO FIVE. UH, IF YOU HAVE ANY QUESTIONS, UM, YOU CAN GET WITH STAFF. THANK YOU. UH, ITEM NUMBER NINE. GOOD, A GOOD AFTERNOON. AGENDA ITEM NINE, BO O 8 22 1 0 3 0 0 1 1 5. ADDRESS IS 6 0 0 6 RIDGE COUNCIL DISTRICT FOUR APPLICANT IS JORGE CERVANTES. A REQUEST FOR A NINE FOOT FOUR INCH VARIANCE FROM THE 10 FOOT MINIMUM FRONT SETBACK TO ALLOW A CARPORT TO BE EIGHT INCHES FROM THE FRONT PROPERTY. LINE ZONING IS R SIX RESIDENTIAL SINGLE FAMILY DISTRICT CASE . THE SUBJECT PROPERTY IS LOCATED ON 6,000 6 0 6 RIDGE AND THIS IS A SINGLE FAMILY RESIDENCE AND THE APPLICANT IS REQUESTING A VARIANCE PRIOR TO OBTAINING A BUILDING PERMIT FOR THE CARPORT SITE. PLAN, THE SUBJECT PROPERTY AND THE SURROUNDING AREA. RECOMMENDATION AND SIDE SEC BACK VARIANCE. STAFF RECOMMENDS APPROVAL IN BO O A 22 1 0 3 0 0 1 1 5 BASED ON THE FOLLOWING FINDINGS OF FACT, THE APPLICANT IS REQUESTING A VARIANCE PRIOR TO OBTAINING A BUILDING PERMIT. THERE IS A LIMITED AMOUNT OF SPACE AVAILABLE TO COMPLY WITH THE SIDE SETBACK AND TO DEVELOP A DUAL CARPORT. AND THREE, THE STRUCTURE WILL CONFORM TO THE FRONT SETBACK REQUIREMENTS. NOTIFICATION PLAN WE MAILED OUT 25 5 NOTICES. FOUR IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM PEOPLE ACTIVE IN COMMUNITY EFFORT. THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS AVAILABLE. I WILL. ALL RIGHT. THANK YOU. POINT OUT THAT THIS PROBABLY LOOKS FAMILIAR TO YOU GUYS. UM, THERE WAS A RECENT VARIANCE REQUEST ON THIS. HE DID DECIDE THAT HE WANTED TO REQUEST THE FRONT SETBACK AS WELL. SO IF IT LOOKS FAMILIAR TO ANYONE, HE, HE'S COMING BACK FOR A SECOND TIME. OKAY. IS THE APPLICANT PRESENT? HI, MY NAME'S ES AND I'M THE OWNER OF 6 0 0 6 FRIDGE, UM, HERE. 'CAUSE I WANT TO BUILD A CARPORT UP TO, UH, THE PROPERTY LINE, THE FRONT PROPERTY LINE. AND I DID COME LAST MONTH AND, UH, IT WAS A MISTAKE THAT THEY DIDN'T DO THE FRONT PART. THEY JUST DID THE SIDE. AND THAT'S WHY I'M HERE TODAY TO DO, YOU KNOW, TO GET IT ALL THE WAY TO THE FRONT. I WON'T BE ABLE TO FIT, UH, AT LEAST FOUR CARS IN THERE. UH, YOU KNOW, GUTTERS ON EACH SIDE, JINGLE ROOF, EVERYTHING. OKAY. UH, KAPLAN, JUST A QUESTION, COMMISSIONER KAPLAN, AND THIS IS STIFF. UM, WE ARE ASKING FOR A FRONT SETBACK RE UH, FRONT SETBACK VARIANCE. AND YOU STATE THAT THE STRUCTURE WILL CONFORM TO THE FRONT SETBACK REQUIREMENTS. HOW CAN IT CONFORM TO THE FRONT SETBACK REQUIREMENTS IF THAT'S WHAT THE VARIANCE IS FOR THE FRONT SETBACKS REQUIREMENTS WOULD BE 10 FEET AND THEY'RE ASKING FOR EIGHT INCHES. I DON'T UNDERSTAND THAT. I THINK IT WAS JUST A MISPRINT. UH, I JUST WANNA CLARIFY THAT. OKAY. UH, BEFORE WE MOVE ON WITH MORE QUESTIONS, IS THERE ANY, UH, PUBLIC COMMENTARY ON THIS? ANYONE SIGN OUT TO SPEAK VOICEMAILS? MR. MR. CHAIRMAN? HOLD ON A SECOND. ANY, WE'RE NOT SHOWING ANY PUBLIC COMMENT. OKAY. THANK YOU. UH, COMMISSIONER ZUNIGA? YES. UH, FROM WHAT PART OF THE CURVE ARE, THERE'S NO SIDEWALKS IN THERE, WHERE DO YOU START MEASURING THE SETBACKS? SO IN MOST CASES, WE LOOK AT THE PLA TO SEE WHAT THE STREET WIDTH IS, MEASURE FROM THE, UH, MIDDLE OF THE STREET, AND THEN, UM, OBVIOUSLY TAKE HALF OF WHATEVER THE, UH, PLA SAID THE STREET WIDTH IS MOST THE TIME. IT'S THAT, UM, THAT SEPARATING LINE RIGHT WHERE HIS, THE FRONT OF HIS, UH, CAR TO THE LEFT IS. SO TO, TO, TO ENHANCE ON THAT. ON, ON A 50 FOOT RIGHT OF WAY STREET IS TYPICAL FOR THE STREET TO BE 30 FEET. AND THEN YOU'LL HAVE 10 FEET FROM THE FACE OF CURB BACK TO THE PROPERTY LINE, WHICH, WHICH IS, UM, LOOKS LIKE WHAT'S GOING ON HERE WITH THIS SURVEY THAT'S IN THE FILE. IT LOOKS LIKE THERE'S ABOUT [02:05:01] 10 FEET FROM THE FACE, THE CURB TO THE PROPERTY LINE. AND THEN HE WOULD LIKE TO PUT THE CARPORT EIGHT INCHES INTO THE PROPERTY FROM THERE. ALRIGHT, UH, ANY OTHER QUESTIONS? ALL RIGHT, SO THANK YOU VERY MUCH. WE'RE GONNA, I'M LOOKING FOR A MOTION ON THIS. ANYBODY? NO. YOU OKAY. BRAGMAN COMMISSIONER BRAGMAN REGARDING CASE NUMBER BOA DASH 22 DASH 0 3 5, I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED A REQUEST FOR A NINE FOOT FOUR INCH VARIANCE FROM THE 10 FOOT MINIMUM FRONT SETBACK TO ALLOW CAR PART TO BE EIGHT INCHES FROM THE PRINT FRONT PROPERTY LINE SITUATED AT 6 0 0 6 REEF RIDGE. APPLICANT BEING JOSE CERVANTES BECAUSE OF THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH WITH A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST BECAUSE THE VARIANCE REQUEST IS TO ALLOW CARPORT TO BE EIGHT INCHES FROM THE FRONT PROPERTY LINE, WHICH PROVIDES ADEQUATE SPACING BETWEEN THE NEW STRUCTURE AND THE FRONT PROPERTY LINE. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP BECAUSE IT WOULD RESULT IN THE STRUCTURE OF HAVING TO BE MOVED TO MEET THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT. THIS, 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, UH, WILL BE DONE AS THE STRUCTURE WILL MAINTAIN A CONSIDERABLE DISTANCE BETWEEN NEIGHBORING PROPERTIES, WHILE ALSO ALIGN 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, THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED AS THE PROPERTY ZONED R SIX. AND THE USE OF THE PROPERTY IS SINGLE FAMILY DWELLING. FIVE. SUCH VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY'S LOCATED BECAUSE OTHER CARPORTS ARE ALSO PRESENT IN THE AREA AND APPEARS SIMILAR IN MATERIAL TO THE ONE BUILT ON THE SUBJECT PROPERTY. SIX. THE BLOOD OF THE OWNER OF THE PROPERTY APPROACHED THE VARIANCES SOUGHT. ITS 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 SOUGHT IS 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. I HAVE A SECOND BY COMMISSIONER THIEL. COMMISSIONER BRAGMAN? UH, YES. IN LOOKING AROUND THE NEIGHBORHOOD, THERE APPEARS TO BE QUITE A NUMBER OF CARPORTS, VERY SIMILAR TO THIS, UH, ALSO SEEM TO BE, UH, FORWARD FACING. SO I'LL BE IN SUPPORT OF THE MOTION. COMMISSIONER THIEL. I'M IN AGREEMENT WITH MY COLLEAGUE. IT DOESN'T SEEM OUTTA CHARACTER WITH THE AREA. AND SINCE THERE ARE NO SIDEWALKS AND NO, UH, VISION ISSUES, I'LL BE IN SUPPORT. ALL RIGHT. ANY OTHER COMMISSIONS LIKE TO ADD? COMMISSIONER MACHACA? UH, UH, I'M TRYING TO FIGURE OUT HOW THE EIGHT INCHES IS COMING ABOUT SO I CAN KNOW HOW TO VOTE. EIGHT, EIGHT INCHES FROM THE CURB? NO, BACK. IT'S, IT'S EIGHT. IT'S, IT'S ABOUT 10 FEET PLUS EIGHT INCHES FROM THE CURB. THANK YOU, SIR. MM-HMM. , ANYONE ELSE? UH, HEARING NUNS? UH, STAFF MUST HAVE A ROLL CALL. VOTE PLEASE. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. TEO. YES, I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. ALBERT. I CONCUR. MR. MANCHACA I CONCUR. MR. ZIKA. I CONCUR. MS. CRUZ I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT, MR. ZUNA. I CONCUR MR. ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT MOTION PASSAGE UNANIMOUSLY. UH, CONGRATULATIONS. UH, NEXT CASE PLEASE. ITEM NUMBER 10, UM, BO. A TWO TWO, UH, DASH 1 0 3 0 0 1 2 0 LOCATED AT 3 1 5 UH, LEE STREET. I'M COUNSEL. OBJECT NUMBER ONE. I'M APPLICANT BEING JENNIFER. UH, MELDY, UM, ZONING IS RN FOUR RESIDENTIAL MIXED. UM, A REQUEST FOR A 14 FOOT 11 INCH VARIANCE FROM THE 20 FOOT MINIMUM REAR [02:10:01] SET BY REQUIREMENT TO ALLOW, IN ADDITION TO BE FIVE FEET ONE INCH FROM THE REAR PROPERTY LINE TO A ONE FOOT FIVE INCH VARIANCE FROM FROM THE FIVE FOOT MINIMUM SIDE SETBACK REQUIREMENT TO ALLOW AN ADDITION TO BE THREE FEET SEVEN INCHES FROM THE SIDE PROPERTY LINE. AND TWO A, A TWO FOOT VARIANCE FROM THE FIVE FOOT MINIMUM SIDE SETBACK REQUIREMENT, UM, TO ALLOW AN ATTACHED CARPORT WIDTH GUTTERS TO BE THREE FEET FROM THE SIDE PROPERTY LINE. UM, THE SUBJECT PROPERTY IS CURRENTLY LOCATED ALONG, UH, LEASE STREET AND IT'S A SINGLE FAMILY DWELLING AND IS LOCATED ON THE LOT. CURRENTLY A HISTORIC HOME AND A NON HISTORIC DETACHED GARAGE ARE LOCATED ON THE PROPERTY. THE PROPOSED ADDITION WOULD BE IN THE SAME AREA AS THE GARAGE, WHICH WILL BE DEMOLISHED. THE OFFICE OF HISTORIC PRESERVATION HAS REVIEWED THE PROPOSED CONSTRUCTION AND HAS APPROVED A CERTIFICATE OF APPROPRIATENESS WITH THE PROPOSED SETBACKS, UM, THAT IS CURRENTLY PICTURED OF THE SITE PLAN WHERE YOU CAN SEE THE CARPORT TOWARDS THE, THE SOUTH OF IT. AND, UH, THE, UH, UM, PROPOSED ADDITION BEING THE HIGHLIGHTED AREAS. UH, SO THAT IS THE SUBJECT PROPERTY OF THE FRONT. UM, SOME OF WHERE THE REAR GARAGE AND WHERE THE ADDITION WOULD BE IS PROPOSED TO BE CONSTRUCTED AT, UH, AN ALTERNATE VIEW OF THE GARAGE THAT'S TOWARDS THE REAR OF THE PROPERTY AND SOME OF THE SURROUNDING AREAS. UM, STAFF RECOMMENDS APPROVAL OF A 14 FOOT 11 INCH VARIANCE FROM THE 20 FOOT MINIMUM REAR SETBACK REQUIREMENT TO ALLOW AN ADDITION TO BE FIVE FEET, UH, ONE INCH FROM THE REAR PROPERTY LINE TO A ONE FOOT FIVE INCH VARIANCE FROM THE MINIMUM FIVE FOOT MINIMUM SIDE STEP REQUIREMENT TO ALLOW AN ADDITION TO BE THREE FEET SEVEN INCHES FROM THE SIDE PROPERTY LINE. AND, UH, THREE, A TWO FOOT VARIANCE FROM THE FIVE FOOT MINIMUM SIDE STEP REQUIREMENT TO ALLOW A DETACHED CAR WITH THE GUTTERS TO BE THREE FEET FROM THE SIDE PROPERTY LINE AND BO A 22 103 0 0 1 2 0 BASED ON THE FOLLOWING FINDINGS OF FACT, UH, THE PROPOSED ADDITION IS IN THE REAR YARD OF THE PROPERTY IS NOT EASILY SEEN FROM THE RIGHT OF WAY. AND THE PROPOSED ADDITION WAS HEARD BY THE HISTORIC DESIGN REVIEW COMMISSION AND WAS APPROVED AND THERE DOES NOT APPEAR TO BE ANY ISSUE WITH WATER RUNOFF OF THE CARPORT AND THE STRUCTURE WILL NOT NEGATIVELY AFFECT NEIGHBORING PROPERTIES. UM, THERE WERE 31 NOTICES SENT OUT. THERE WERE ZERO IN FAVOR, ZERO IN OPPOSITION, AND THE LAVACCA NEIGHBORHOOD ASSOCIATION ASSOCIATION IS OPPOSED, UH, UM, I'LL GO AHEAD, PUT UP THE LETTER AFTER I CAN PUT IT UP. UM, THE APPLICANT IS PRESENT BY THE WAY YOU SAY L POST. YEAH, I JUST GOT THAT THIS MORNING, . AND DO YOU, DO YOU KNOW WHAT THE, UH, UH, INCREASE IN, IN, UH, LIVABLE SPACE IS? THEY'RE GETTING RID OF THE GARAGE, BUT THEY'RE INCREASING THE STRUCTURE. YEAH, THEY'RE EXPANDING THE, THE FOOTPRINT OF THE, I THINK I, I DO NOT KNOW HOW MUCH OF THE INCREASING THE SQUARE FOOTAGE I'LL ASK THE APPLICANT. ALL RIGHT. UH, THAT DOES THE APPLICANT COME FORWARD PLEASE? GOOD AFTERNOON. I'M, UH, NATE MANFORD. I'M WITH FRENCH AND MICHIGAN. WE'RE THE DESIGNERS OF THE PROJECT FOR THE CLIENT. SO, UM, YEAH, THE GOAL IS TO BUILD AN ADDITION. IT'S A SINGLE FAMILY HOME OCCUPIED BY A MOTHER AND HER DAUGHTER. AND THE ADDITION IS TO ACCOMMODATE HER, UH, AGING MOTHER TO MOVE IN WITH THEM. SO WE DID WORK WITH THE LAVACCA NEIGHBORHOOD ASSOCIATION IN THE DESIGN PROCESS GOING THROUGH THE H D R C AND YOU KNOW, THEY ALL BOUGHT ON BOARD. SO TO HEAR THE LETTER THAT CAME THIS MORNING WAS A BIT OF SURPRISE 'CAUSE WE WENT THROUGH THE PROCESSES APPROPRIATELY. SO I'M NOT SURE WHERE THIS CAME FROM BECAUSE WE DID MEET ALL THE REQUIREMENTS FOR MASS AND DENSITY . SO, OKAY. THIS WAS A COMPLETE SHOCK TO HEAR ABOUT THIS OPPOSITION TODAY. WELL, UH, LET ME SEE IF THERE'S ANY PUBLIC COMMENT. IS THERE ANY PUBLIC COMMENTARY TO READ IN OR ANYONE SIGN UP TO SPEAK? THERE'S NO PUBLIC COMMENT. OKAY, SO I, I'M GONNA START WITH A COUPLE QUESTIONS BEFORE I OPEN THIS OVER THE BOARD. UH, I WILL, WHAT IS THE INCREASE OF, OF, UH, OF THE DWELLING? SO LET ME TELL YOU, UM, I HAVE MY FIGURES HERE, SO LEMME DO LITTLE QUICK MATH SINCE THIS JUST CAME. I, I NOTICED THAT THE EXISTING STRUCTURES, YOU'RE, YOU'RE MAKING IT FURTHER AWAY FROM THE PROPERTY LINE, EVEN IF IT'S JUST A FEW INCHES THAN WHAT IT CURRENTLY IS. YEAH. SO THE PROPOSED STRUCTURE WILL BE WITHIN, WILL BE FARTHER AWAY FROM THE PROPERTY LINES THAN WHAT THE EXISTING DETACHED GARAGE IS. UM, SO LET ME TELL YOU, THE NEW EDITION IS 465 SQUARE FEET. UM, THE SCREEN PORCH, WHICH IS KIND OF THE NODE BETWEEN, LET'S SEE, 4, 6 5 STAFF, HE'S DOING THAT. CAN YOU PUT THAT LETTER BACK UP? SO WE'RE, WE'RE ENLARGING THE BUILDABLE AREA THAT INCLUDES THE SCREEN PORCH BY ABOUT 225 SQUARE FEET. AND ARE YOU GONNA HAVE ADEQUATE PARKING, UH, NOW THAT YOU'RE REMOVING THE GARAGE? YES. YES. SO IT'S, IT THERE WILL BE ADEQUATE, ADEQUATE PARKING WE'RE PROPOSING THAT SIDE. [02:15:01] UM, OKAY. CARPORT JUST AS CAR SHELTER. THE OWNER CURRENTLY PARKS ONE OF HER VEHICLES THERE. THE ADDITIONAL VEHICLE WILL BE FOR THE MOTHER WHEN SHE MOVES IN. AND WHEN YOU WENT TO THE PUBLIC HEARING, UH, YOU OBVIOUSLY THE, THE LOCK ASSOCIATION KNEW ABOUT IT. BUT THIS IS THE SAME SITE PLAN THAT, THAT NOTHING HAS CHANGED. NOTHING HAS CHANGED. OKAY. NOTHING HAS CHANGED. SO THAT'S THOSE, I JUST WANNA GET THAT AWAY. ANY OTHER COMMISSIONER QUESTIONS? I MEAN, IF, IF IT DID CHANGE, WE'D HAVE TO GO BACK TO THE H D R C ANYWAY, BUT NOTHING HAS CHANGED. RIGHT. ANY, ANY OTHER COMMISSIONER QUESTIONS? MANNA COMMISSIONER MANNA. SO, YOU KNOW, I GUESS, I GUESS A LITTLE CONCERN WITH REGARDS TO LAVACCA CHANGE IN, I GUESS THE PART OF THE LAST MINUTE DIALOGUE HERE. UM, YOU KNOW, SO, SO IT DOES TALK ABOUT HERE, UM, YOU KNOW, UM, LOOKING AT A MINIMUM OF FIVE FOOT SETBACK AND I THINK THE REQUEST WAS FOR, UM, LET'S SEE, ONE AND A HALF FOOT VARIANT. WELL ACTUALLY, UM, LET'S SEE. OH, UH, SETBACK IS FIVE FEET BELOW. YEAH, FIVE FEET ONE. SO THREE FEET THEY ONE THE SIDE SET THAT, OKAY, THERE IT IS. SO, SO LOOK FOR THE SIDE SETBACK. UM, AND SO I GUESS THE QUESTION WOULD BE THE HARDSHIP THAT WOULD PRESENT, UH, TO MEET THE, THE REQUEST FOR LAVACCA HERE WITH REGARDS TO THE FIVE FOOT SIDE SETBACK. SO THE HARDSHIP, SO THAT'S THE QUESTION IS WHAT WOULD THE HARDSHIP BE? YES. I THINK, AGAIN, PART OF GOING THROUGH THIS PROCESS WITH LAVACCA WAS ABOUT IN THE DESIGN PHASE WAS DENSITY. DENSITY OF HOW MUCH BUILDABLE AREA. SO WE WERE TRYING TO CREATE IN THE ONE BACK CORNER ENOUGH LIVABLE GREEN SPACE. SO AS WE MOVE THAT ADDITION OVER, THEN WE'RE CUTTING BACK ON THAT REAR CORNER YARD GREEN SPACE, WHICH WAS GONNA BE, I MEAN THAT'S REALLY WHAT THE HARDSHIP IS. WE'RE TRYING TO KIND OF THREAD THE NEEDLE BETWEEN LAVA'S REQUESTS FOR DENSITY AND MASSING AND THE OWNER'S REQUEST TO HAVE A, A, YOU KNOW, A USABLE BACKYARD. SO IN THAT PROCESS OF H D R C, AGAIN WE THOUGHT WE THREADED THAT NEEDLE PRETTY WELL AND AT THE TIME THEY, YOU KNOW, IT SEEMED LIKE OKAY, WE'RE ALL , WE'RE IN COMPLIANCE WITH WHAT THEY WANT, WHAT THE CLIENT NEEDS. SO IT'S AGAIN ABOUT LIKE REDUCING USABLE REAR YARD, WHICH IS THAT KIND OF, I MEAN I'M, YOU KNOW, THIS AREA HERE. AND ONE MORE FOLLOW UP QUESTION THERE. SO THEN I'M LOOKING AT THE, UM, THE EXISTING STRUCTURE THAT'S IN PLACE RIGHT NOW. YES. AND SO, SO IT APPEARS BY THE DIAGRAM THAT YOU'RE NOT GOING ANY FURTHER BACK OR TO THE SIDE THAN THE EXISTING SIDE STRUCTURE. UH, OR LET'S SEE, OUTSIDE OF THE EXISTING STRUCTURE, YOU'RE NOT MOVING FURTHER BACK OR FURTHER TO THE SIDE AND APPEARS THAT ALL IS ALL IS THAT HAS OCCURRED IS THAT THERE'S AN EXTENSION ON THE FRONT OF THE STRUCTURE INTO THAT, UH, THAT WOULD BE ALONG THAT SIDE LOT, IS THAT CORRECT? YEAH, I GUESS FROM WHERE THAT EXISTING GARAGE IS, ONCE IT'S GONE WE ARE GONNA BE A, A LITTLE CLOSER WITHIN THE LOT, NOT GOING OUT TOWARDS THE PROPERTY LINES AND THEN WE'RE GONNA BUILD TOWARDS AND TO ATTACH TO THE MAIN HOUSE. RIGHT. DO YOU KNOW WHAT THAT DISTANCE IS ROUGHLY? SO HOW MUCH FURTHER YOU EXTEND IT? IT'S ABOUT 10 FEET, MAYBE 10 TO 12 FEET IN THAT, THAT VOID BETWEEN THE EXISTING GARAGE AND THE REAR REAR EXTENSION OF THE EXISTING HOUSE. OKAY. THANK YOU BRAGMAN COMMISSIONER BRAGMAN. UH, SO I, I UNDERSTAND WHAT YOU'RE SAYING ABOUT THE EXISTING GARAGE AND, AND I AGREE IT LOOKS LIKE THEY'RE ALSO UM, OBJECTING TO THE CARPORT BECAUSE THAT IS NOT, THAT IS NOT EXISTING, THAT'S A NEW STRUCTURE. THAT'S CORRECT. THAT WOULD FALL WITHIN THE FIVE FOOT SIDE SETBACK THAT THEY'RE OBJECTING TO THAT. THAT'S CORRECT. AGAIN, THIS IS SOMETHING THAT WE PRESENTED WHEN WE WENT WITH THEM IN THE PROCESS OF GOING H TO H R C, WE MET WITH THE NEIGHBORHOOD, SHOWED 'EM OUR DESIGN, WE GOT NO OPPOSITION AT THAT TIME. AND YOU KNOW, WE KNOW THAT PER H D R C WE'RE GONNA HAVE TO DETACH THAT CARPORT. THEY WON'T LET US ATTACH TO A HISTORIC HOME AND IT MAY ALSO HAVE TO BE BUILT OUT OF NON-COMBUSTIBLE MATERIAL. WE HAVE TO WORK THAT OUT WITH H D R C 'CAUSE THEY WANT IT TO BE A WOOD STRUCTURE. SO WE'RE GONNA HAVE TO FIGURE OUT WHAT THAT IS WHEN WE GET, IF WE GET TO THAT CONSTRUCTION POINT. UM, BUT YEAH, AGAIN, , WE THOUGHT WE HAD GONE THROUGH THE RIGHT PROCESS H C R C, YOU KNOW, TALKING TO PEOPLE AND I MEAN, LIKE I SAID, NOTHING HAD CHANGED. SO TO HEAR THIS TODAY IS JUST A LITTLE ODD. AND SO YOU, DID YOU MEET WITH THE BOARD? YEAH, YEAH WE DID. WE DID. I MEAN OUR OFFICE IS IN LAVACCA, THE OWNER OF OUR BUSINESS OF THE DESIGN BUSINESS WAS PART OF THE LA LAVACCA NEIGHBORHOOD ASSOCIATION. SO WE KINDA HAVE, OR HE, HE'S WITHDRAWN IN THE LAST FEW MONTHS, BUT AT THE TIME WE HAD TO DO THAT. I MEAN, JUST PART OF BEING A GOOD NEIGHBOR AND DOING DESIGN AND KING WILLIAM AND LACA, YOU KNOW, IT'S IDEAL TO MEET WITH THESE BOARDS TO GET EVERYBODY ON BOARD. SO HOW RECENT WAS IT THAT YOU MET WITH THEM? AND THIS MUST HAVE BEEN LIKE YOU GOT APPROVAL FROM THEM? THIS WAS PROBABLY APRIL OR I MEAN THIS, WE GOT, WE [02:20:01] GOT H D R C APPROVAL IN MAY. UH, MAY 4TH WAS WHEN WE GOT THE LETTER. SO THIS WAS PROBABLY THE WEEK PRIOR IN APRIL. AND THEN SO YOU MET WITH THE BOARD? WE WOULD'VE MET WITH THE BOARD. I MEAN I DON'T HAVE MY DATES BUT PROBABLY AT THE BEGINNING OF APRIL. SO, 'CAUSE IT'S THE TWO WEEK PROCESS OF SUBMITTING DESIGN, MAYBE IT WAS EVEN EARLIER THAN APRIL, FEBRUARY IN MARCH PROBABLY. 'CAUSE I'M THINKING OF THE DESIGN PROCESS MEETING WITH PEOPLE THEN SUBMITTING THE DOCUMENTATION, SO. ALRIGHT. UH, ANY OTHER QUESTIONS? NO, UH, COMMISSIONER ALBERT, UH, JUST, UM, UH, PERHAPS A CLARIFICATION FOR THE APPLICANT. THE, UH, THE H D R C AND THIS COMMITTEE ARE TWO VERY DIFFERENT COMMITTEES AS YOU KNOW, AND, AND OF COURSE THEY'RE CONSIDERING ARCHITECTURAL AND HISTORIC RAMIFICATIONS AND, AND WE'RE LOOKING AT FEET AND INCHES FOR SURE FROM FENCE LINES. UM, AND THAT'S, THAT'S WHY THE H D R C APPROVAL REALLY DOESN'T BEAR NO, NO. OF THIS DECISION. OF COURSE, HOWEVER, THE, THE, THE, THE COMMENT OR THE THE LACK OF APPROVAL OR, UM, THE OPPOSITION FROM THE NA WELL THAT DOES, BECAUSE THAT APPLIES, THAT WAS SENT TO THIS COMMITTEE. YEAH, THAT'S WHY IT'S ODD TO YOU AND JUST TO HELP YOU, YOU KNOW, I KNOW IT'S CONFUSING AS HECK TO TRY TO GET YOUR HEAD AROUND, BUT PERHAPS NO, I UNDERSTAND. AND YOU KNOW, I CAN UNDERSTAND IF NEIGHBORS HAD PRESENTED SOMETHING AS AN OPO OPPOSITION, BUT THEY WEREN'T REALLY INVOLVED IN. THEY THEY DON'T REALLY, THEY GET THE NOTICE ON THE SIGN AND THE YARD, BUT THEY DON'T GET MAILERS REALLY ABOUT H D R C I, I DON'T RECALL. I DON'T BELIEVE THEY GET THE PEOPLE JUST GET THE SIGN IN THE YARD, RIGHT? YEAH. AND SO THEY DON'T TURN IN RIGHT. YOU KNOW, DOCUMENTATION ASIDE FROM SENDING LETTERS, BUT IT WITHOUT ANY, YOU KNOW, NARRATIVE FROM THE, UH, THE ASSOCIATION. IT, MY GUESS WOULD BE IT'S THE FEET AND INCHES THAT THEY'RE OPPOSING NOW. 'CAUSE TO OPPOSE ANYTHING ELSE WOULD'VE NO BEARING ON THIS COMMITTEE. YEAH, NO, NO. AND I, I UNDERSTAND AND LIKE I SAID, BUT WHAT THEY WERE PRESENTED IS IN FULL COMPLETELY WHAT WE'RE PRESENTING HERE. SO WHEN THEY COME BACK AND THEY'RE LIKE, WELL NOW WE DON'T LIKE THESE SETBACKS. YEAH. AGAIN, THAT'S, THAT'S WHY I'M JUST TRYING TO FIGURE THAT OUT. NOT THE WAY YOU, YOU KNOW, YOU GUYS WILL RULE HOW YOU RULE. SO I, I'M STILL HAVING DIFFICULTY FINDING OUT WHY YOU COULDN'T STAY WITHIN THE FIVE FOOT SETBACK AND, AND DO, UH, THIS IS A PRETTY GOOD SIZED EDITION. YEAH, NO, I, I MEAN THAT MAY BE SOMETHING WE HAVE TO REVISIT IF THAT'S HOW THE BOARD, BUT YOU KNOW, WE ARE TRYING TO MAXIMIZE THAT REAR CORNER YARD AND YEAH, IT'S A COUPLE FEET, BUT YOU KNOW, A COUPLE FEET HERE IN THE YARD, THE REAR YARD IS MORE VALUABLE TO OUR CLIENTS THAN A COUPLE FEET HERE AS PART OF, YOU KNOW, A DESIGN ELEMENT FROM, BUT YOU KNOW, AGAIN, DESIGN AND BOARD OF ADJUSTMENTS ARE TWO DIFFERENT THINGS AND WE UNDERSTAND THAT. OKAY, SO I HAVE A QUESTION. WHERE'S THE, UH, THE AC UNIT ON THESE THINGS? YOU GOT WALL MOUNTED, WINDOW MOUNTED UNITS, YOU GOT EXTERIOR? UH, THERE, I, IF I RECALL THEY'RE ON THE NARROWS ON THE NORTHERN OR WESTERN SIDE, THE LONG SIDE, IF I RECALL. THAT'S WHERE THEY'RE LOCATED. THE DRIVEWAY IS OBVIOUSLY ON THE WESTERN SOUTHWESTERN SIDE HERE BECAUSE WHAT ONE OF THE REASONS FOR THE SETBACK IS, IS TO ALLOW FOR MAINTENANCE TO ALLOW FOR FIRE ACCESS. I JUST, I'M TRYING TO FIGURE OUT IF THERE'S ANY INTENT TO PUT SOMETHING OF PERMANENCE IN THAT THREE FEET OR FIVE FEET THAT WE'RE TALKING ABOUT TODAY. I, I DON'T BELIEVE SO. I THINK IT, THAT WAS AGAIN, TRYING TO SPLIT THE HAIR OF, I MEAN, WE KNEW WE COULDN'T HAVE SOMETHING ON THE PROPERTY LINE, BUT, YOU KNOW, HOW DO WE ACCOMMODATE A CLIENT'S DESIRE AND AT THE TIME, YOU KNOW, H DRCS, YOU KNOW, IN LAVACCA NEIGHBORHOODS AND OTHER PEOPLE AND YOUR, YOUR CARPORT LOOKS LIKE IT'S ABOUT 10 BY 20. THAT'S PROBABLY RIGHT. I DON'T HAVE A DIMENSION ON IT, YOU KNOW, UH, OF COURSE WHAT WE'RE, YOU KNOW, WHAT WE'RE SHOWING HERE IS ATTACHED TO THE HOUSE, SO WE WILL HAVE TO DETACH IT SLIGHTLY SO, YOU KNOW, IF IT'S 10 BY 20, THAT WOULD BE, YOU KNOW, NINE FOOT, SIX WIDE BY 20. ONCE WE OKAY. YOU KNOW, TAKE IT AWAY. ALRIGHT, THANK YOU VERY MUCH. UH, IS THERE ANY COMMISSIONER QUESTIONS MAKE? NOPE. ALRIGHT, WELL THANK YOU VERY MUCH. WE'RE GONNA, I'M GONNA ASK FOR A MOTION. WE'LL SEE HOW THIS, UH, PANS OUT. THANK YOU ALL THI COMMISSIONER TEAL REGARDING CASE NUMBER BO OA DASH 22 DASH THREE. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE A 14 FOOT 11 INCH VARIANCE FROM THE 20 FOOT MINIMUM SETBACK REQUIREMENT TO ALLOW THE ADDITION TO BE FIVE FOOT ONE INCH FROM THE REAR PROPERTY LINE. TWO, A ONE FOOT FIVE INCH VARIANCE FROM FIVE FOOT MINIMUM SIDE SETBACK REQUIREMENT TO ALLOW AN ADDITION TO BE THREE FOOT SEVEN INCHES FROM THE SIDE PROPERTY LINE. AND THREE, A TWO FOOT VARIANCE FROM THE FIVE FOOT MINIMUM SIDE SETBACK TO ALLOW AN ATTACHED CARPORT WITH THE GUTTERS TO BE THREE FEET FROM THE SIDE PROPERTY LINE SITUATED AT 3 1 5 LAY STREET. [02:25:01] APPLICANT BEING JENNIFER MELDY. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE VARIANCE REQUESTS ARE TO ALLOW A STRUCTURE TO EXPAND AND ENCROACH IN THE SIDE REAR AND FRONT SETBACKS. THERE ARE OTHER SIMILAR STRUCTURES IN THE AREA WITH SIMILAR SETBACK. THEREFORE VARIANCE REQUESTS ARE NOT CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. IT WOULD RESULT IN THE STRUCTURE HAVING TO MEET MINIMUM SETBACK REQUIREMENTS FROM THE SIDE AND REAR PROPERTY LINE. THE UNNECESSARY HARDSHIP IS DUE TO THE LIMITED SIZE ON THE LOT. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED VARIANCES IS TO ALLOW A STRUCTURE TO BE CLOSER TO THE SIDE AND REAR PROPERTY LINE AND THE CARPORT TO BE CLOSER TO THE SIDE PROPERTY LINE DUE TO THE CONFIGURATION OF THE PROPERTY. THIS WILL OBSERVE THE SPIRIT OF THE ORDINANCE. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE USES ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THERE WERE ADDITIONAL PROPERTIES LOCATED ALONG LAY STREET WITH STRUCTURES WITHIN THE SETBACKS DUE TO THE SIZE OF THE LOTS. THE REQUESTED SIDE AND REAR VARIANCES ARE NOT, ARE NOT TO 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 IN 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 SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE SIZE AND THE LOCATION OF THE LOT. THE VARIANCE REQUEST IS NOT MERELY FINANCIAL AND OF MOTION. SECOND. SECOND BY COMMISSIONER KAPLAN. COMMISSIONER THIEL, I'LL BE IN SUPPORT OF THIS. I'VE JUMPED THROUGH THESE HOOPS MANY TIMES WITH H D R C AND WITH THE NEIGHBORHOOD ASSOCIATIONS. THREE FOOT, UH, SETBACKS ON THE SIDE ARE MORE THAN ADEQUATE, ESPECIALLY WHEN THEY WILL BE REQUIRED TO BE FIRE RATED LIKELY. UH, AS FAR AS THE REAR GOES, WE ARE NOT ENCROACHING ANY FURTHER ON THE SIDE OR REAR SETBACKS THAN THE EXISTING GARAGE STRUCTURE. UM, AND BOTH H D R C AND THE CITY STAFF ARE IN SUPPORT. COMMISSIONER KAPLAN? I AGREE WITH COMMISSIONER THIEL. ALL RIGHT. ANY OTHER COMMERS LIKE TO ADD IN? AND I CONCUR. UM, AGAIN, THE EXISTING GARAGE IS THE SAME FOOTPRINT OF THE PROPOSED, UH, UH, FUTURE SETBACK REQUIRE REQUIREMENTS REQUESTED. SO IT'S THE NEIGHBORS HAVE HAD IT YEARS TO ACCLIMATE WITH WHAT THE EXISTING CONDITION IS, SO. ALRIGHT. ANYONE ELSE? COMMISSIONER ALBERT? YES, I'LL BE IN SUPPORT OF THIS, UH, APPLICATION. I THINK THE, UH, THE ADDITION IS AN IMPROVEMENT TO THE SETBACKS FROM THE EXISTING GARAGE THAT'LL BE REMOVED AND THE CARPORT IS, IS VERY NICELY PUT IN A, IN A ALRIGHT. SO YES, THANK YOU. THANK YOU. IF THERE'S NOTHING ELSE, ALAS, HAVE A ROLL CALL. VOTE PLEASE. MR. TEAL. YES, I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. ALBERT I CONCUR. MR. MANCHACA I CONCUR. MR. ZIKA I CONCUR. MS. CRUZ I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. ZUNA. YES, I CONCUR. MR. ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. DO YOU HAVE ANY QUESTIONS YOU CAN, UH, GET WITH STAFF? ALL RIGHT, I'D REMEMBER 11. GOOD AFTERNOON. AGENDA ITEM NUMBER 11 BO 8 22 1 0 3 0 0 1 2 2. ADDRESS IS 2014 MONTEZUMA COUNCIL DISTRICT FIVE APPLICANT IS MARCUS BLEDSO. A REQUEST FOR A 92 FOOT SQUARE FOOT VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT. LOT SIZE REQUIREMENT TO ALLOW A LOT SIZE OF 3080 SQUARE FEET. UH, ZONING IS R FOUR RESIDENTIAL SINGLE FAMILY DISTRICT. SUBJECT PROPERTY IS LOCATED ON MONTE ZUNA AND THIS LOT IS CURRENTLY VACANT. AND A REQUEST FOR 920 FOOT SQUARE FOOT VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT. LOT SIZE TO ALLOW A LOT SIZE OF 3080 SQUARE FEET. SUBJECT PROPERTY AND SUBJECT PROPERTY AND THE SURROUNDING AREA. AND THIS IS A LOT ACROSS THE, FROM THE SUBJECT PROPERTY RECOMMENDATION AND MINIMUM LOT SIZE VARIANCE. [02:30:01] STAFF RECOMMENDS APPROVAL IN B O A 22 1 0 3 0 0 1 2 2. BASED ON THE FOLLOWING FINDINGS OF FACT, THERE ARE LOTS OF SIMILAR SIZE IN THE SURROUNDING AREA. OTHER RESIDENTIAL STRUCTURES ARE BILLED ON SIMILAR SIZE LOTS AND THE MINIMUM LOT SIZE WILL NOT ADVERSELY AFFECT THE CENTRAL CHARACTER OF THE DISTRICT. OUR NOTIFICATION PLAN AS FOLLOWS, 38 NOTICES WERE MAILED ZERO IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM NO CHILD NEIGHBORHOOD ASSOCIATION. AND PREVIOUSLY IN 2018 THERE WAS A B O A VARIANCE FOR THE SAME REQUEST. UH, I'M GUESSING THEY HAD TO APPLY AGAIN 'CAUSE THEY PROBABLY DIDN'T PULL A PERMIT IS WHAT I'M GUESSING. SO WHAT WAS THAT, WHAT WAS THAT LAST BIT LAST? THEY APPLIED FOR THE V UH, PREVIOUS VARIANCE IN 2018. THE SAME EXACT LOT SIZE VARIANCE. SO AT THIS LOCATION, THIS SAME LOCATION AND THEY, AND THEY DIDN'T ACT ON IT WITHIN THE YEAR, SO, OKAY. CORRECT. YEAH. ALRIGHT. AND IT WAS APPROVED, SO, AND, AND BEFORE YOU GO, DOES THIS, YOU KNOW, WE, THERE'S A LOT OF EXEMPTIONS. IF LOTS WERE ESTABLISHED BEFORE 2005, DOES THIS MEET ANY OF THOSE EXEMPTIONS AT ALL OR ARE THEY JUST TRYING TO KEEP IT, KEEP THE TITLE CLEAN? I THINK THEY'RE JUST TRYING TO KEEP IT THE SAME, GET ONE ON IT. OKAY. THANK YOU. YES SIR. THAT CONCLUDES STAFF PRESENTATION AND APPLICANT IS AVAILABLE, ESPECIALLY IN LIKE A REFI SITUATION. THEY START A CD. CD DOESN'T APPLY TO THE, UH, TO THE UNDERWRITERS. OKAY. IS THE APPLICANT PRESENT? THEY COULD GO THROUGH. HI, HOW YOU DOING? GOOD, HOW ARE YOU? VERY GOOD. IF YOU COULD JUST STATE YOUR NAME AND TELL US A LITTLE BIT ABOUT THE CASE. I'M THE, UH, CURRENT OWNER OF THE PROPERTY. OKAY. WERE YOU THE ONE THAT CAME IN OVER A YEAR AGO? NO, THE PREVIOUS OWNER HAD COME IN AND GOTTEN THE VARIANCE REQUEST APPROVED. THEY ALSO GOT A BUILDING PERMIT APPROVED, BUT THEY DIDN'T GO FORWARD WITH THE CONSTRUCTION. HOWEVER, THEY DID START WITH THE FOUNDATION. SO THEY POURED THE FOUNDATION AND THEN STOPPED THE CONSTRUCTION THERE AND THEN I ACQUIRED THE PROPERTY AFTER THAT. OKAY. SO THE, THE, SO THIS IS A LITTLE CONFUSING IF, IF THEY GOT A BUILDING PERMIT AFTER WE APPROVED IT, DOESN'T THAT ALREADY LOCK IT IN? ISN'T THAT CONSIDERED ACTION? THE PERMIT ACTUALLY EXPIRES THOUGH IF THEY DON'T ACTUALLY FOLLOW THROUGH AND THEY NEVER FOLLOWED THROUGH SO THEY STILL HAVE TO, SO OBTAINING THE PERMIT DOESN'T LOCK IT IN. THEY ACTUALLY HAVE TO FOLLOW THROUGH WITH WHATEVER THE, THE APPLICATION WAS. OKAY. CORRECT. AND WE, AND BY THE WAY, WE DO CHECK EVERYTHING BEFORE WE BRING IT HERE. AS FAR AS FOR MINIMUM WAS. YEAH, I IF THERE'S A PLAID EXCEPTION OR YOU KNOW, A NON-CONFORMING LOT OF RECORD, WE'RE, WE'RE GONNA TAKE 'EM THAT ROUTE FIRST BEFORE MAKING 'EM GO THROUGH THIS. OH, THAT'S, THAT'S FINE. THANK, THANK YOU FOR CLARIFYING. I ALWAYS THOUGHT THAT THE, UH, OBTAINING THE PERMIT OR APPLYING FOR A PLATT OR SOMETHING IS WHAT LOCKED IT IN IT. I DIDN'T KNOW THAT IT HAD TO BE FINALIZED IN SOME FASHION, SO THAT'S GOOD. GOOD TO KNOW. ALRIGHT, SO IF THERE'S, UH, ANY COMMISSIONER QUESTIONS? OH, ZUNA. COMMISSIONER ZUNA, DO YOU INTEND TO USE THE EXISTING SLAB ON THE NEW CONSTRUCTION? I DO. IT'S, IT'S A SLABS IN GOOD CONDITION TO BE SLABS IN GREAT CONDITION AND, UM, THE, WE HAD TO, I HAD TO REAPPLY FOR THE PERMIT. SO THE PERMIT IS DEPENDENT UPON, YOU KNOW, THE, THE OUTCOME OF THIS. OKAY. THIS HEARING. THANK YOU. ALRIGHT, ANYTHING ELSE? I'M LOOKING FOR A MOTION THEN. COMMISSIONER ZUNA REGARDING CASE NUMBER BO OA DASH 22 DASH 0 3 22. I MOVE THAT THE BOARD OF ADJUSTMENTS GRANT A REQUEST FOR A 920 SQUARE FOOT VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT LOT SIZE REQUIREMENT TO ALLOW A LOT SIZE OF 30 AT 3080 SQUARE FEET SITUATED AT 2014 MONTEZUMA APPLICANT BEING MARCUS BLEDSOE BECAUSE THE TESTIMONY PRESENTED TO US TO THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C HAS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST BECAUSE A, THE REQUEST DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST THAT THERE ARE SIMILARLY SIZED LOTS IN THE SURROUNDING AREA. TWO, DUE TO SPECIAL CONDITIONS OF LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP BECAUSE THERE ARE OTHER LOTS IN THE SURROUNDING AREA THAT HAS SIMILAR SIZE WITH SINGLE FAMILY DWELLING CONSTRUCTED ON THEM. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE A RESIDUAL STRUCTURE WOULD BE SUFFICIENT USE OF THIS. A RESIDE SHOULD BE RESIDENTIAL STRUCTURE, UH, WOULD BE SUFFICIENT USE OF THIS PROPERTY AND ENHANCE THE IMMEDIATE VICINITY FOR THE VARIANCE. WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THAN THOSE USES SPECIFICALLY AUTHORIZE OF THE, THE ZONING DISTRICT, WHICH THE VARIANCE IS SOUGHT AS THE PROPERTY ZONED R FOR THE USE OF THE PROPERTY IS SINGLE FAMILY DWELLING. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED BECAUSE OF MINIMUM LOT SIZE IS NOT OUTTA CHARACTER NOR WILL IT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL, THEY'RE NOT DUE TO RESULT OF GENERAL CONDITIONS OF THE DISTRICT WHICH THE PROPERTY'S LOCATED. IT APPEARS THAT THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE LOT SIZE, THE SMALLER LOT SIZE IS NOT OUTTA CHARACTER OF THE LOCAL NEIGHBORHOOD. IT WILL NOT NEGATIVELY AFFECT, UM, SURROUNDING PROPERTY VALUES AND [02:35:01] A MOTION. SECOND, IF A MOTION IS SECOND BY COMMISSIONER, UH, BRAGMAN, UH, COMMISSIONER UNA. YEAH, SO I'M SUPPORTING THE MOTION OBVIOUSLY, UH, MOTION WAS, UH, APPROVED, UH, SIMILAR, UH, VARIANCE REQUEST MOTION WAS APPROVED. UM, A PRIOR, UH, KIND OF NO CHANGE IN THE SITUATION. I THINK THERE'S A CHANCE TO PUT, UH, AN ECONOMICALLY VIABLE PROJECT TO USE AND PROVIDE HOUSING THAT WE ALL TALK ABOUT THAT'S NEEDED IN THE, UH, CORE DOWNTOWN AREA. SO I'M SUPPORTING THE MOTION. ALRIGHT, COMMISSIONER BRAGMAN, I CONCUR WITH MY COLLEAGUE. I'LL BE IN SUPPORT AS WELL. ALL RIGHT. HAS ANYONE LIKE TO ADD HEARING NONE? LET'S HAVE A ROLL CALL. VOTE MR. UNA. I CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. ALBERT. I CONCUR. MR. MANCHACA I CONCUR. MR. ZIKA I CONCUR. MS. CRUZ I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MR. TEAL. YES, I CONCUR WITH THE FINDINGS OF FACT. MR. DORIAN. I ALSO INCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. THANK YOU. UH, ITEM NUMBER 12. ITEM NUMBER 12 IS FOR CASE BO A DASH 22 DASH 1 0 3 0 1 23 LOCATED AT 3 0 1 PIEDMONT WITHIN COUNCIL DISTRICT TWO, THE APPLICANT BEING RUBEN RIVAS IS A REQUEST FOR ONE A SIX INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW STRUCTURE TO BE NINE FEET SIX INCHES FROM THE FRONT PROPERTY LINE. TWO, A FIVE FOOT VARIANCE FROM THE MINIMUM 10 FOOT SIDE SETBACK REQUIREMENT TO ALLOW STRUCTURE TO BE FIVE FEET FROM THE SIDE PROPERTY LINE THREE, A FIVE FOOT VARIANCE FROM THE MINIMUM 10 FOOT REAR SETBACK REQUIREMENT TO ALLOW STRUCTURE TO BE FIVE FEET FROM THE REAR PROPERTY LINE. AND FOUR A HALF STORY VARIANCE FROM THE TWO AND A HALF STORY MAXIMUM TO ALLOW STRUCTURE TO BE THREE STORIES TALL. THE PROPERTY IS ZONE RM FOUR RESIDENTIAL MIXED DISTRICT. THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF SAN ANTONIO AND IS CURRENTLY A VACANT LOT. THE APPLICANT IS PROPOSING TO BUILD TWO DWELLING UNITS, WHICH WILL BE THREE STORIES TALL WHILE THE BAY ZONING DISTRICT OF RMM FOUR RESIDENTIAL MIXED DISTRICT ALLOWS THE DEVELOPMENT OF STRUCTURES AT A HEIGHT OF 35 FEET AND THREE STORIES TALL. BECAUSE THE PROPERTY IS SURROUNDED BY ESTABLISHED SINGLE FAMILY RESIDENTIAL USES, THE HEIGHT LIMIT IS RESTRICTED TO TWO AND A HALF STORIES. THE APPLICANT IS REQUESTING TO HAVE THE PROPOSED STRUCTURE TO MAINTAIN A NINE FOOT SIX INCH FRONT SETBACK, FIVE FIVE FOOT REAR SETBACK AND FIVE FOOT SIDE SETBACKS. AN RMM FOUR BAY ZONING DISTRICT REQUIRES THAT STRUCTURES MAINTAINED 10 FEET, UH, FRONT SETBACK, 10 FEET REAR SETBACK, AND FIVE FOOT SIDE SETBACKS. THE APPLICANT WILL BE REQUESTING TO HAVE THE STRUCTURES ADDRESSED OFF OF WYOMING, RESULTING IN A REVERSE CORNER LOT BECAUSE THE REAR PROPERTY IS FRONTING ON PIEDMONT. THE SIDE SETBACK FOR THE PROPOSED STRUCTURE WILL NEED TO BE 10 FEET DUE TO THE REVERSE CORNER LOT. THIS IS THE SITE PLAN THAT WAS SUBMITTED BY THE APPLICANT, THE SUBJECT PROPERTY, THE VIEW OF THE PROPERTY FROM WYOMING AND PIEDMONT, THE LOT TO THE REAR, WHICH IS ALSO VACANT. THIS IS A PIEDMONT WHERE IT'S ADDRESSED OFF OF RIGHT NOW, AND THEN IT WILL BE ADDRESSED OFF OF WYOMING, WHICH IS THIS, THIS IS WYOMING STREET. AND THEN THE SURROUNDING AREA REGARDING THE HALF STORY VARIANCE, STAFF RECOMMENDS DENIAL BASED ON THE FOLLOWING FINDINGS OF FACT. ONE, THE ABUTTING RESIDENTIAL STRUCTURES ARE RESTRICTED TO TO TWO AND A HALF STORIES AND TWO A THREE STORY DEVELOPMENT MAY ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT REGARDING THE FRONT SIDE AND REAR SETBACK VARIANCE, STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING FINDINGS OF FACT ONE, THE LOT IS CURRENTLY VACANT AND THE PROPOSED DWELLINGS WILL BE NEW CONSTRUCTION. TWO, THE SMALL SIZE AND CONFIGURATION OF THE LOT PRESENTS HARDSHIPS TO NEW CONSTRUCTION WITH THE U D C SETBACK REQUIREMENTS IN PLACE. AND THREE, THE VARIANCE REQUESTS DO NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THERE WERE 28 NOTICES MAILED ONE RECEIVED IN FAVOR OF, UM, JUST THIS MORNING AND ZERO OPPOSED DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION IS OPPOSED. AND, UM, THIS CONCLUDES STAFF'S REPRESENTATION AND WE DO HAVE THE APPLICANT'S REPRESENTATIVE PRESENT. THANK YOU. THANK YOU. UH, IS THE APPLICANT PRESENT? YOU CAN JUST, WHERE WAS THE NOTICE IN FAVOR? THE ONE THAT WE RECEIVED WAS FOR 1406 WYOMING. SO JUST A STREET OVER. THANK YOU. ALRIGHT, IF YOU COULD PLEASE STATE YOUR NAME AND YOU CAN BEGIN YOUR PRESENTATION. UH, MY NAME'S LYDIA RODRIGUEZ AND [02:40:01] I AM THE REPRESENTATIVE FOR MR. RIVAS. WE ARE PARTNERS IN THIS PROJECT. UH, SO WE OWN THE LOT, UH, 3 0 1 PIEDMONT, AND WE, UH, WE LOOK TO DEVELOP IT AND BUILD TWO, UH, SINGLE FAMILY RESIDENCES. UM, IN REGARDS TO THE SETBACK VARIANCE THAT WE ARE REQUESTING, UM, IT IS A RATHER SMALL LOT. UM, AND IN ORDER TO FIT THE TWO HOMES, UM, WE BRAINSTORMED A, A BUNCH OF DIFFERENT WAYS TO, TO MAKE IT WORK. UM, AND ULTIMATELY THIS WAS THE, UH, THE ONLY OPTION THAT WE COULD COME UP WITH THAT WOULD, UH, THAT WOULD WORK. AND SO, UH, HOW SHE WAS MENTIONING IS THEY ARE GOING TO BE FACING WYOMING EVEN THOUGH THE CURRENT ADDRESS IS ON PIEDMONT. UM, AND SO WHAT ARE CONSIDERED PRESENTLY THE FRONT AND BACK SET BACK LINES WOULD BE, UM, ESSENTIALLY THE SIDE SETBACK. SO IT'S A LITTLE CONFUSING, BUT UM, THERE IS GONNA BE, UH, A SIGNIFICANT AMOUNT OF YARD, IF YOU WILL, UM, IN BETWEEN THE PROPERTIES SO THE, UM, YOU KNOW, THEY WILL HAVE A NICE SPACE THERE FOR THE, UH, FOR THE POTENTIAL OR FUTURE HOMEOWNERS. UM, AS FAR AS THE VARIANCE THAT WE'RE REQUESTING FOR THE THREE STORIES, WE WERE ACTUALLY UNAWARE THAT THERE WAS A RESTRICTION OF TWO AND A HALF. UM, BEING AS THAT, THERE ARE SEVERAL OTHER PROJECTS IN THE AREA THAT ARE, UM, COMPLETED. UM, WITHIN, I THINK THERE'S MAYBE, UH, THERE'S TWO OR THREE OF THEM, FOUR HOUSES DOWN THAT ARE CURRENTLY THREE STORIES. UH, THOSE ARE NEW PROJECTS BEHIND US. THERE ARE, UH, ABOUT SIX, UH, BUILDINGS, I BELIEVE THAT ARE THREE STORIES. SO WE WEREN'T AWARE THAT THAT WAS AN ISSUE. UM, MS. RODRIGUEZ BROUGHT THAT TO OUR ATTENTION AND SHE WAS VERY HELPFUL, UM, IN ADDING THAT IN FOR US BECAUSE LIKE I SAID, WE WEREN'T AWARE, UM, SINCE WE SEEN IT. UH, YOU KNOW, PREVIOUSLY SHE SAID THAT THAT WAS SOMETHING NEW THAT HAD BEEN PASSED, UM, THAT RESTRICTION REGARDING THE, THE THREE STORIES. UM, AND THE REASON FOR THE THREE STORIES IS BECAUSE WE ARE TRYING TO ELIMINATE THE NE UH, THE PARKING ON THE STREET. WE'RE TRYING TO GIVE THE POTENTIAL BUYERS, UH, OFF STREET PARKING. THERE IS GONNA BE A CARPORT THAT IS GOING TO TAKE UP, UM, ALMOST 50% OF THE FIRST FLOOR. SO IT, IT COULD, YOU KNOW, UH, BE ARGUED THAT IT IS TWO AND A HALF STORIES SOMEWHAT, UM, YOU KNOW, MAYBE BACKWARDS, ALBEIT, BUT, UM, THAT THAT'S THE REASON FOR THE THREE STORIES BECAUSE THE FIRST STORY IS GOING TO HAVE A COVERED CARPORT UNDERNEATH. UM, AS FAR AS THE LOOK FOR THE NEIGHBORHOOD, WE DO INTEND TO GO A MORE TRADITIONAL ROUTE. UM, WE'RE GOING TO BE INCORPORATING CEDAR SHAKE SHINGLES, UM, SOME CRAFTSMAN STYLE TOUCHES, UM, WITH COLUMNS. AND SO IT, IT'S NOT TOO MODERN, TOO CONTEMPORARY FOR THE AREA. WE'D LIKE TO KIND OF KEEP THAT FEEL AS WELL. UM, AS FAR AS THE, THE DENVER HEIGHTS ASSOCIATION GOES, WE DID REACH OUT TO THEM SEVERAL TIMES. UM, THEY DID NOT RETURN OUR CALLS. UM, WE SENT THEM AN EMAIL ASKING TO OPEN UP THE LINE OF COMMUNICATION, SEE IF WE COULD ALLEVIATE WHATEVER CONCERNS THEY HAD. UM, BUT AGAIN, THEY DID NOT RESPOND. UM, SO THAT DIDN'T WORK OUT WELL. UH, I WISH THEY WOULD'VE SO THAT, YOU KNOW, WE COULD, WE COULD EXPLAIN WHAT WE ARE TELLING YOU HERE TODAY. I THINK THEY WOULD, THEY WOULD, UH, BE IN FAVOR OF IT. AND WE DID ACTUALLY TAKE, UH, THE TIME TO SPEAK WITH ALL OF OUR NEIGHBORS AND WE WERE ABLE TO GET FIVE SIGNATURES, UM, FROM OUR NEIGHBORS IN THE IMMEDIATE AREA WHO WERE IN SUPPORT OF THE PROJECT. UM, AND ONE, UH, BEING THE NEIGHBOR WHO IS DIRECTLY GOING TO BE NEXT TO US. AND HE WAS ACTUALLY USING THE LOT FOR MANY YEARS, UH, FOR HIS PERSONAL USE, UH, TO, YOU KNOW, PARK HIS VEHICLES. AND SO, UM, AND HE'S IN FAVOR OF IT AS WELL, INSTEAD OF, YOU KNOW, BEING UPSET THAT THAT FACE IS GONNA BE TAKEN FROM HIM AND THEN DEVELOPED. UM, EVERYONE WAS, WAS REALLY NICE AND, AND HELPFUL. UM, AS FAR AS, UH, HARDSHIP GOES, THIS WILL DEFINITELY BE A FINANCIAL HARDSHIP FOR US. UH, THIS IS A PROJECT THAT WE'VE BEEN WORKING ON FOR A WHILE, WE'RE VERY EXCITED ABOUT. UM, WE'RE GONNA BE IMPROVING THAT AREA, WHICH RIGHT NOW IS BASICALLY USED AS A DUMP SITE. UM, AND IT WOULD BE A FINANCIAL HARDSHIP BECAUSE, UH, WE'VE ALREADY INVESTED A S SIGNIFICANT AMOUNT OF FUNDS IN, UM, NOT ONLY OBTAINING THE LOT, BUT OBTAINING, UM, THESE ARCHITECTURAL DRAWINGS AND THE PLANS. UM, THAT'S COST US SEVERAL THOUSAND DOLLARS. UM, WHICH IF THIS WAS NOT APPROVED, WE WOULD HAVE TO START FROM SQUARE ONE. IT WOULD COST US A, A LOT OF, UH, OF TIME AND WE ACTUALLY OBTAINED A CONSTRUCTION LOAN TO MAKE THIS PROJECT HAPPEN, WHICH IS ACCRUING INTEREST PER DIEM. SO, UM, IT'S VERY, QUITE [02:45:01] LITERALLY COSTING US, YOU KNOW, MONEY EVERY SINGLE DAY. TIME IS OF THE ESSENCE FOR US IN THIS INSTANCE. AND I, UH, JUST ASK FOR YOUR CONSIDERATION. ALL RIGHT. THANK YOU. UH, QUICKLY IT SNAP IT SEEMS LIKE THIS PROPERTY IN THE SURROUNDING PROPERTY ZONE, RMM FOUR IS THE, THE LIMIT TO TWO AND F STORIES DUE TO THE, DUE TO THE NOTE 11. YES, CORRECT. IT IS, YEAH. I THOUGHT NOTE 11 ONLY IT WAS PASSED BACK IN, UM, DECEMBER OF 2019. AND SO, BUT I I, I THOUGHT NOTE 11 KICKED IN IF IT WAS A BUDDING SINGLE FAMILY, BUT THEN IF THERE WAS, YOU'RE LIMITED TO THE HEIGHT HEIGHT FOR THAT ABUTTING ZONING DISTRICT. IF IT'S ALL RM FOUR, WOULDN'T IT ALL BE THREE STORIES? IT'S, IT'S ANY RES THE WAY IT READS IS THIS ANY RESIDENTIAL DISTRICT? IT DOESN'T SAY, IT SAYS, IT SAYS, UM, IT SAYS IF YOU'RE, IF YOU'RE MULTI-FAMILY AND YOU'RE WITHIN 50 LINEAR FEET OF A PROPERTY LINE UNDER ESTABLISHED SINGLE FAMILY RESIDENTIAL USE, THAT YOU'RE LIMITED TO THE MAX HEIGHT OF THE SINGLE FAMILY DISTRICT. BUT THE THING IS THAT THE, THE DISTRICT THAT ABUT IT IS RM FOUR, WHICH ALLOWS THREE STORIES. THAT'S WHAT I WAS CONFUSED ABOUT. ISN'T, ISN'T RM ISN'T, UH, ISN'T IT ALL RMM FOUR? THERE WAS A INFORMATION BULLETIN 5 77 PUT OUT SHORTLY AFTER THAT KIND OF CLARIFYING THAT, UM, THAT IT DOES APPLY TO RESIDENTIAL MIXED ALSO. WELL, YEAH, I KNOW, BUT, BUT, BUT THEN, BUT DOESN'T THE NOTE TELL YOU TO LOOK AT THE ZONING, THE ABUTTING, THE HEIGHT LIMIT OF THE ABUTTING ZONING DISTRICT THAT'S CAUSING IT TO BE INVOKED? YES. WHEN IT'S, WHEN IT IS SINGLE FAMILY, YES. YEAH. SO IF, SO IF IT'S SINGLE FA FAMILY IN AN RMM FOUR, WOULDN'T YOU USE THE RMM FOUR AS A HEIGHT LIMITATION? NOT PER, BECAUSE OF THE WAY THAT THE IB READS, IT TELLS US THAT IT APPLIES TO ANY RESIDENTIAL MIXED YES. SO, AND, AND EVEN, EVEN RESIDENTIAL MIXED IS CONSIDERED RESIDENTIAL. AND SO WE HAVE TO GO BY WHAT IT TELLS US, WHICH IS GO BY THE R THE THE SINGLE FAMILY DISTRICT HEIGHT, WHICH IS TWO AND A HALF 35. SO THE RM EVEN, SO EVEN THOUGH IT'S A SINGLE FAMILY USE IN AN RMM FOUR AND THE RM FOUR OF THAT ABUTTING USE, THAT'S INVOKING NOTE 11 IS THREE STORIES. YOU JUST, YOU JUST APPLY R FOUR THROUGH SIX OR SOMETHING. ARE YOU TALKING ABOUT THE THREE STORIES THAT WAS BUILT BEFORE THIS? UH, NO, NO. NOTE 11 COUNT. IT'S, I'M SAYING NOTE NUMBER 11 TELLS YOU TO, TO THAT YOU'RE LIMITED TO THE HEIGHT OF THE ABUTTING PROPERTY, NOT YOUR PROPERTY, BUT THE ABUTTING PROPERTY. WHAT'S THE ZONING OF THE ABUTTING PROPERTY? RMM FOUR. SO WOULDN'T THAT HEIGHT BE THREE STORIES? I, I, THAT'S WHAT IT SAYS RIGHT THERE. LET'S JUST SAY THE TWO AND A HALF STORY LIMITATION. OH, ARE YOU READY? OH, OKAY. YEAH, YEAH. IT WAS STATED THAT, UH, THERE ARE OTHER THREE STORY PROPERTIES IN THIS AREA. CAN YOU TELL US WHERE THEY ARE? UM, I, I CAN ACTUALLY, UM, WE PROVIDED, YES, I HAVE A LITTLE MAP HERE THAT I SHOULD BE ABLE TO GET THE ADDRESSES OFF OF. JUST A SECOND. SO THE, UM, YES, GO AHEAD. THE OFFICIAL FROM THE IB, IF THE RMM OR MF IS ABUTTING THE, AN RM FOUR LOT, THE HIGH RESTRICTION WITHIN FOR 50 FEET IS 35 FEET, UM, SLASH THREE STORIES. OKAY. SO IT, IT LOOKS LIKE ALL THE ZONING ALL THE WAY AROUND THIS HOUSE IS RMM FOUR. SO WOULDN'T THAT BE THREE STORIES? NOT UNLESS IT'S THREE STORIES. OH, IT HAS TO BE WHAT THEY'RE ACTUALLY USING IT FOR. YES. OKAY. SO YES, , SO THE, SO THAT IT'S THAT SMALL LOT 1418 WYOMING, WHICH IS NOT THREE STORIES, IT'S YOU'RE LIMITED TO THAT OR TWO AND A HALF STORIES. CORRECT. I JUST WANTED TO MAKE SURE IN THAT FIRST 50 FEET. YES, OF COURSE. OKAY. ALRIGHT. SO THAT, THAT ANSWERS MY QUESTION. SO NOW WE'RE, ARE YOU SAYING ONE LOT CANNOT BE COME HERE QUESTION. SO, UH, SUN, IF, IF ALL Y'ALL WANT TO GATHER AROUND MY MONITOR, I CAN LIKE SHOW YOU WHAT'S GOING ON HERE, ON THE SCREEN, OR IF YOU WANT TO PULL IT UP ON THE SCREEN, THIS IS A ZONING AERIAL. BRING UP THE ADDRESSES BECAUSE UM, I KNOW BRING UP THE ZONING AERIAL PLEASE, RICHARD. SO WHAT'S HAPPENING IS, IS THAT EVERYTHING'S RM FOUR. RM FOUR ALLOWS FOR THREE STORIES OR 35 FEET. AND SO WHAT THIS, THIS SUB NODE 11 IN THE IV SAY THAT IS YOU LOOK AT THE ABUTTING PROPERTY, IF IT'S A SINGLE FAMILY USE, WHICH 1418 DIRECTLY TO THE LEFT, THAT LITTLE SMALL LITTLE SQUARE THERE, BECAUSE THAT IS A SINGLE FAMILY USE. NOW YOU INVOKE THE SUB NODE 11, WHICH THEN TELLS YOU TO FOLLOW THE MAXIMUM [02:50:01] HEIGHT OF THAT ABUTTING USE, WHICH WOULD BE THREE STORIES. BUT BECAUSE IT ISN'T AN EXISTING, BECAUSE THEY'RE NOT USING IT TO THREE STORIES, THEN THEY'RE LIMITED TO WHATEVER THE HEIGHT OF THAT HOUSE IS, OR TWO AND A HALF STORIES. EXACTLY. SO I JUST WANNA MAKE SURE I'M CLEAR ON THAT. YES, VERY CLEAR. UM, BECAUSE IT'S, IT'S, BUT THREE STORY PROPERTIES ON THIS LOT. UH, THERE ARE SEVERAL LOCATED AT 1512 WYOMING. SO CAN YOU SHOW 'EM WITH THE POINTER? YOU CAN 1512 WYOMING. THEY APPLIED FOR THIS LITERALLY TWO MONTHS BEFORE THIS NOTE 11 CAME INTO, THERE'S SEVERAL RIGHT HERE IN THIS LOT. UH, I BELIEVE IT'S TWO, THREE STORY BUILDINGS AND THEN RIGHT HERE AT THE CORNER OF WYOMING AND MONUMENTAL. UM, OR IT MIGHT BE A LITTLE BIT OUT OF THE SCREEN, OTHER SIDE OF IT. OKAY. SO YEAH, IT'S LIKE RIGHT HERE. UM, THERE ARE SEVERAL THREE STORY STRUCTURES IN, UM, IT'S, IT'S RIGHT PAST MONUMENTAL. IT'S LIKE GO UP, GO UP, UP THE NOTIFICATION, LIKE RIGHT THERE. OH, OKAY. WELL THAT'S A DIFFERENT ONE THAT I DIDN'T KNOW ABOUT. I'M, SO THEN THERE'S, THERE'S EVEN MORE, UH, BECAUSE THERE'S, THERE'S SEVERAL OVER HERE AS WELL. RIGHT. BUT SO THE REASON FOR THAT IS, AND WE CHECKED THEM BECAUSE WE, WE OBVIOUSLY NOTED IT, NOTICED IT AS WELL WHEN WE'RE OUT ON THE SITE VISITS THAT THERE ARE SOME THREE STORY STRUCTURES. SO WE ACTUALLY PULLED THE PERMITS FOR EACH OF THEM TO BE SURE THAT THEY WERE PULLED BEFORE THAT, UM, THAT CHANGE WENT INTO EFFECT AND THAT CHANGE WENT INTO EFFECT BACK IN DECEMBER OF 2019. OKAY. THE NEXT QUESTION I HAVE IS, OKAY, THE SIZE OF YOUR PROPERTY, MICROPHONE. YEAH, SORRY. IT'S OKAY. THE SIZE OF YOUR PROPERTY IS 28 BY, UH, LET'S GO BACK TO, UM, YOUR, YOUR PLAN, THE BUILDING PLAN. CAN WE GET BACK TO THAT? YEAH, YEAH. OKAY. SO IT SAYS IT'S 28 FEET BY 48 FEET, RIGHT? UH, FOR THE HOME? YEAH. THAT'S THE YES MA'AM. THAT'S THE BASE. YES. SO THAT'S ABOUT 1,344 SQUARE FEET PER FLOOR? NO, UH, 28. BY 28. BY 48. I'M JUST DOING THE MINUTES. THE TOTAL LIVING AREA FOR EACH PROPERTY IS GOING TO BE 1733 WITH THREE STORIES. YES MA'AM. YOU DON'T COUNT THE CARPORT. YES, THE CARPORT IS, IT'S GONNA BE OPEN. UM, IT'S NOT AN ENCLOSED LIVING SPACE. GOD. THAT'S OKAY. SO, UM, THE, BUT THE BASE FOR THE SECOND FLOOR IS 1344 PLUS LET'S SAY HALF OF THAT. UH, SO IT'S A LITTLE OVER 2000 SQUARE FEET. I I DON'T HAVE THOSE CALCULATIONS. UM, I 13 6 72, THAT IS 1,916 SQUARE FEET FOR, FOR THE TWO STORIES, ONE AND A HALF STORIES. OH, AND THEN, AND THEN IF YOU HAVE AN EXTRA HALF STORY, THEN YOU'VE GOT ANOTHER 672 SQUARE FEET, WHICH YOU BRING IT UP TO ABOUT 2,600 SQUARE FEET. IN THIS INSTANCE, THE HALF STORY WOULD BE THE FIRST FLOOR. UH, SO THE TWO FLOORS ABOVE THAT ARE FULL. I'M, I'M TAKING AWAY THE CARPORT, BUT, SO LET'S SAY YOU GET 2000 SQUARE, SQUARE FEET, HOW MANY SQUARE FEET DID YOU THINK YOU WERE GOING TO BE SELLING ON THESE HOUSES? UM, THE, THE PLANS HAVE IT LISTED AT 1733. 1,733. NO, I KNOW, BUT THE SQUARE FOOTAGE IS 1344. THIS, MY HALF OF THAT IS SIX. SO THE SECOND FLOOR OKAY, CAN HEAR YOU THERE. THE MIC SECOND FLOOR WOULD BE PRESUMABLY THE, OKAY. UM, 28 BY 48 IS 1,733. SUBTRACT HALF OF THAT FOR THE FIRST FLOOR. THAT'S 672. WHERE ARE YOU GETTING 48 FROM? ISN'T THAT, AM I NOT READING? IT'S 30.0. IT'S 30, YES. THAT'S MY MISTAKE THEN. I THOUGHT IT WAS 48. COULDN'T READ YOUR PLAN. SORRY, . OKAY, SO THAT'S, THAT'S OKAY. YEAH. THE SQUARE FOOTAGE IS AL NO, JUST YOU NEED A THIRD FLOOR TO MAKE THIS, YOU KNOW. OKAY. UH, ARE THERE ANY OTHER QUESTIONS? YEAH, UH, JESSE, MR. ZUNIGA, SINCE, SINCE [02:55:01] EVERYBODY'S GOING, UH, THROUGH THIS THAT HE STATED YOU, UH, ALREADY DIRECTED YOUR ATTENTION TO THE HOME ASSOCIATION, SO, OKAY. AND THEY DIDN'T RESPOND. NO. AND I, UH, I DID BRING A PRINTOUT OF THE EMAIL THAT WE SENT THEM WITH NO RESPONSE AS WELL AS WHAT DID YOU SEND IT TO? UM, SEVERAL CALLS TO THE, UH, GENTLEMAN WHO RUNS IT. UM, MR. AUBREY LEWIS, THE PRESIDENT. NO RESPONSE FROM HIM. OKAY. LET LET ME ASK YOU ANOTHER QUESTION. UH, THE CONCOR, UH, YOU GO, WHAT ARE YOU GOING TO USE IT FOR? I'M SORRY. THE WHAT? THE CONCOR THAT HE SAID ON THE BOTTOM FLOOR. THE CARPORT. THE CARPORT THAT, UH, THAT'S GONNA ALLOW FOR OFF STREET PARKING FOR THE, OH, I THOUGHT HE SAID CONCOR. . NO, CARPORT. . OKAY. YEAH. LET ME ASK YOU THIS QUESTION THAT MIGHT NOT DIRECT, BUT THAT'S BOARD WHATEVER, UH, ON YOUR LOANS, ET CETERA. ARE YOU GOING TO HAVE TO, UH, PUT A CEILING IN ON THE RENTALS ON HOW MUCH YOU CAN RENT THE HOUSE FOR? OR ARE YOU GOING TO LIVE, BE LIVING THERE? UH, WE, WE INTEND TO LIST THEM FOR SALE. THEY WON'T BE FOR RENT. IT'S A SALE. MM-HMM. . OKAY. I, I WOULD WORK THE HOME ASSOCIATION. OKAY. BRAGMAN, MANNA, COMMISSIONER BRAGMAN, UH, THIS IS FOR STAFF. UM, SO FOR THAT, IF THERE ARE LIMITED TO TWO AND A HALF STORIES, THE HALF WHAT IS ALLOWED TO BE IN THAT HALF AND IS IT HALF AS IN HALF OF THE, IF IF THE SQUARE FOOTAGE OF THE SECOND FLOOR, LET'S USE A THOUSAND SQUARE FEET. THAT OTHER FLOOR, THAT'S THE HALF, THAT CAN ONLY BE 500. SO HALF OF WHATEVER THE, THE ONE FLOOR IS THE MAIN FLOOR. RIGHT. GOING BACK TO THAT CALCULATION ABOUT THE 50%, UM, ACTUALLY NORMALLY THE HALF STORY IS ONLY LIKE A DORMER ROOM. THEY'RE USUALLY SMALL, THEY DON'T HAVE KITCHENS. THEY DON'T, IT'S NOT A FULL STORY, IT'S JUST A, A PORTION. AND SO IT GIVES THE APPEARANCE OF BEING TWO AND A HALF STORIES AND THESE, THEY WOULD LIKE A FULL THIRD STORY OF HABITABLE SPACE. SO, AND WHEN YOU SAY HALF THAT, IT'S NOT HALF VERTICALLY, IT'S HALF SPATIALLY, SPATIALLY ANNA WHO, WHO WINDS UP BEING YES. SPATIALLY BECAUSE OF THE PERCENTAGE, BUT IT, IT, THE APPEARANCE IS STILL THAT OF ONLY A HALF STORY. AND YOU'RE NOT ALLOWED TO HAVE A KITCHEN SPECIFICALLY? CORRECT. WHAT ABOUT A BATHROOM? CORRECT. NO BATHROOM. OKAY. COMMISSIONER MANO. SO, UM, SO A COUPLE QUESTIONS HERE. SO WITH REGARDS TO THE, UH, UH, THE ABUTTING PROPERTY THAT IS, UH, SINGLE, I GUESS THAT IS A SINGLE STORY, UH, SINGLE FAMILY RESIDENTIAL, UM, YOU KNOW, SO DO WE KNOW WHEN IT IS THAT THIS WHOLE COMMUNITY BECAME RM FOUR. WAS IT SOMETHING THAT WAS JUST KIND OF, UH, PART OF AN ANNEXATION PROCESS OR, YOU KNOW, OR JUST OLD, OLD TIMEY THING? BECAUSE I KNOW THAT MY COMMUNITY, YOU KNOW, WE DID MAKE SOME CHANGES AND OLD HOUSES WERE JUST BROUGHT IN, YOU KNOW, WITH, WITH THOSE CHANGES. SO DO WE KNOW WHEN IT WAS THAT IT WAS, UH, LISTED AS R FOUR? YEAH. I CAN TELL YOU, UM, COMMISSIONER MANNA, WHILE THEY'RE LOOKING THAT UP, THAT THIS, THIS AREA WAS FIRST LAID OUT IN THE 1880S. I, I DEV APPLIED TO SOME PROPERTIES, SOME BLOCKS DOWN THE WAY. RIGHT. BUT THE R FOUR OH, THAT'S RIGHT. YEAH, IT REALLY SPECIFIC TO R FOUR. 'CAUSE I KNOW THAT, YOU KNOW, IT WENT LIKE OUR AREA WENT THROUGH R R ONE, THEN WENT THROUGH R SIX AND THEN, YOU KNOW, SO BASICALLY EVERYTHING KIND OF CHANGED, SO YOU'RE DIFFERENT LOTS, YOU KNOW, KIND OF REMAIN THE SAME AS WE KINDA WENT THROUGH. ARE YOU TRYING TO FIND OUT IF IT WAS ON RMM FOUR BEFORE THAT, THAT SMALL LOT WAS BROKEN OUT? DO YOU KNOW WHEN THAT LOT WAS DEEDED OUT TO ITS OWN? UM, I KNOW IT'S BEEN QUITE A WHILE, UH, BECAUSE THE GENTLEMAN WHO'S RIGHT NEXT TO AT 1418 WYOMING, UM, HE SAID THAT HE PURCHASED IT THAT WAY AND HE'S BEEN THERE FOR A VERY LONG TIME. UH, I, I COULDN'T TELL YOU EXACTLY WHEN ACCORDING TO B C A, THE, THE PROPERTY AT, ON THAT CORNER IN QUESTION IS WAS BUILT IN 1920, WHICH PREDATES ZONING. SO, SO, UH, SECOND QUESTION, UH, AND THIS ONE, UM, HAS TO DO WITH, I'M ASSUMING THAT IF, UM, SOME OF THE U D C RECOMMENDATIONS, UH, THROUGH THE PC T GET APPROVED, UM, THERE'S A DEFINITION FOR WHAT THE HALF STORY IS AND IT PROVIDES SOME CLARITY, UM, AND IS A LOT LESS AMBIGUOUS, I THINK. UM, AND SO, SO IF THEY START THEIR CONSTRUCTION AFTER, I GUESS, WILL THAT PLAY AN POTENTIALLY PLAY AN IMPACT? UH, SHOULD IT PASS FOR WHAT IS THAT THEY'RE ABLE TO DO ON THAT TOP STORY? THAT WOULD BE CONSIDERED A HALF IF WE WENT, IF WE WERE TO SAY IT HAD TO [03:00:01] BE TWO AND A HALF STORIES. SO THAT WAS TWO CITY STAFF. SORRY. RIGHT. BUT I DIDN'T HEAR A QUESTION IN THERE. HE'S ASKING WHEN THE U D C AMENDMENTS IF APPROVED BY COUNCIL, WILL GO INTO EFFECT. IS IT BASED ON CONSTRUCTION COMPLETION OR WHEN YOU APPLY FOR A PERMIT? NEW ONES OR? YES. IF THEY WERE TO PASS AND GO INTO EFFECT JANUARY 1ST, COULD IT SPECIFICALLY ADDRESS THE HALF STORY? YEAH. 'CAUSE THERE'S, THERE'S, RIGHT, RIGHT. YOU'RE RIGHT. THE U D C AMENDMENTS ARE GONNA ADDRESS THAT HALF STORY. UM, SO IF WE APPROVE THE HALF STORY TODAY AND SHE DOESN'T APPLY FOR A PERMIT PRIOR TO DECEMBER 31ST, DOES THAT HAVE ANY ISSUE WITH OUR APPROVAL? IS THAT WHAT YOU'RE GETTING AT? ACTUALLY OCTOBER NEXT MONTH BECAUSE IT GETS APPROVED BY CITY COUNCIL NEXT MONTH, BUT IT'LL GO, THEY'RE GONNA SET AN EFFECTIVE DATE JANUARY ONE. UH, THAT'S CORRECT. YEAH. THE EFFECTIVE DATE'S JANUARY ONE. YEAH. SO THIS QUESTION STILL STAYS THEN AS IF SHE APPLIES FOR THE BUILDING PERMIT AFTER JANUARY ONE, ASSUMING HAS BEEN APPROVED, THEN SHE, I GUESS, CAN, CAN WORK THROUGH WHAT THE CURRENT OR THE NEW HALF STORY DIALOGUE WILL BE, CORRECT? THAT'S CORRECT. THANK YOU. SORRY. SORRY. ALSO, UM, SORRY, ONE MORE QUESTION HERE. . UM, COULD, COULD YOU, UH, POST UP WHAT THE DENVER HEIGHTS DID? DID THEY JUST PUT A, A BLANKET? UH, NO. OR DID THEY POST A LETTER? SURE. SO THE LETTER CAME IN LAST WEEK AND THEY DIDN'T INDICATE LIKE SPECIFICALLY WHAT THEY WERE, UM, OPPOSING. THEY JUST INDICATED THEY OPPOSE THE REQUEST IN ITS ENTIRETY. OKAY. AND WE DID ALSO GET THE INFORMATION ABOUT, UM, WHEN IT GOT TO THE RM FOUR, SO BACK IN 1993, THIS AREA WAS PART OF A LARGE AREA REZONING. THE PROPERTY WAS REZONED TO R TWO, WHICH THEN CONVERTED TO RMM FOUR IN 2001. OKAY. THANK YOU COMMISSIONER ALBERT. QUESTION FOR THE APPLICANT. UH, LOOKING AT YOUR SITE PLAN DRAWING, IT LOOKS LIKE THE CARPORT IS OPEN ONLY ON ONE SIDE, CORRECT. WHERE THE CAR WILL ENTER AND THE OTHER SIDE IS A WALL. YES. SO, UH, ESPECIALLY, WELL THAT DOESN'T QUITE MEET THE DEFINITION OF CARPORT, BUT ALSO WITH IT BEING ON A CORNER LOT, THAT COULD MAKE A DIFFERENCE ON YOUR SETBACK REQUESTS. CORRECT. UH, SO THAT WAS, UH, WHAT MS. RODRIGUEZ WAS REFERRING TO. UM, BECAUSE WE ARE GOING TO BE ROTATING THEM. THEY'RE GONNA BE FACING WYOMING. SO INSTEAD OF THAT BEING A FRONT SETBACK LINE, RIGHT THERE ON THE, UM, SORRY, THIS BOTTOM PROPERTY RIGHT HERE, RIGHT, THAT'S ACTUALLY THE SIDE SET. IT'S GONNA BE A SIDE SETBACK. YES. ALL. SO WE WOULD BE WITHIN THE REQUIRED FIVE FOOT SETBACK IF, IF IT WAS CONSIDERED THE SIDE. DOES THAT MAKE SENSE? AM I SAYING THE RIGHT THING? ? WELL THEN THE QUESTION FOR STAFF, EVEN THOUGH IT'S CONSIDERED THE SIDE, YOU DON'T NEED A CLEAR VIEW ON A CORNER LIKE THAT. YEAH, WE DO HAVE TO HAVE CLEARVIEW, BUT IT'S A REVERSE CORNER. IT'S A REVERSE CORNER LOT. THAT'S THE SETBACK REQUIREMENT FOR THE 10 FEET COMING FROM YEAH, ON THE REVERSE CORNER YOU GET HIT WITH A 10 AND A 10. OH, RIGHT. THEY'RE ASKING FOR A FIVE. YES. THAT, THAT WAS MY POINT. THAT TO, TO TAKE THE 10 TO A FIVE, WHEN YOU'VE GOT A WALL OBSTRUCTING ANY VEHICLE BACKING IN OR OUT, UH, THAT, THAT COULD BE A PROBLEM. UH, THAT WOULD BE OPEN. THIS, THIS AREA RIGHT HERE IS GOING TO BE OPEN. THAT'S NOT GOING TO BE, UM, OBSTRUCTING. THERE'S NO WALL THERE. SO IT'S AN OPEN AREA. THE ONLY WALL, I'M, I APOLOGIZE, I THOUGHT YOU WERE REFERRING TO THIS FOR SOME REASON THOSE LINES REPRESENT THE SECOND AND THIRD FLOOR. I'M SORRY. YES, POSSIBLY. THAT'S, THAT'S PROBABLY WHY, UH, BECAUSE THIS IS JUST A RIGHT, THAT'S, I ASKED ONE DIMENSIONAL WHY. YES. SO THAT, THAT WILL BE OPEN, NO OBSTRUCTION THERE. AND IT DID GET A TRAFFIC REVIEW, SO THEY DIDN'T SEE ANY ISSUES WITH IT. ALL RIGHT. ANY OTHER QUESTIONS? ALL RIGHT. SO, UM, WE'RE GOING TO ASK FOR A MOTION. SO I'M LOOKING FOR A MOTION. THERE'S SIGN UP TO SPEAK. OH, DID ANYONE SIGN UP TO SPEAK ON THIS? WE HAVE, UM, YEAH. MR. WILLIAMS? YES, SIR. COMING, COMING UP, SIR. MY SHINY FOREHEAD, PROBABLY . UH, MY NAME IS, UH, TITUS WILLIAMS AND I LIVE RIGHT ACROSS THE STREET, UM, FROM THE VACANT LOT. UH, I JUST WANTED TO SAY THAT, UM, BEEN VERY EXCITED TO HEAR THAT THAT LOT WAS FINALLY PURCHASED. UM, THIS PROPERTY IS, HAS BEEN, UH, WITH MY FAMILY FOR A WHILE AND [03:05:01] I CURRENTLY BOUGHT THE PROPERTY AND, AND LIVE THERE NOW. UM, AND THAT LOT AS, AS THE YOUNG LADY HAD SAID, HAS BEEN USED. UM, IT'S STARTING TO BE USED FOR DUMPING NOW. UM, AND UH, AND THEN ALSO FOR ADDITIONAL PARKING WHEN ONE OF THE HOUSES THROWS PARTIES. SO THE FACT THAT THIS LOT WILL BE DEVELOPED, UH, AND, AND TO BRING UP THE COMMUNITY, UM, IS SOMETHING THAT I'M VERY EXCITED ABOUT. THERE ARE OTHER THREE STORY PROPERTIES TOO, BEHIND THAT BLOCK AS WELL. SO THE, THE WHOLE DENVER HEIGHTS AREA IS STARTING TO FINALLY, UM, UH, UH, I, I GUESS GIVEN MORE ATTENTION TO. SO, UM, I, RIGHT ACROSS THE STREET, I WOULD HAVE NO PROBLEM WITH THE, WITH THE THREE STORY, UH, UH, STRUCTURE, UH, ESPECIALLY IF IT, IF IT'S SOMETHING THAT'S, THAT'S, UH, NICE AND, AND BRINGS UP THE COMMUNITY. SO, OKAY. I'M DEFINITELY IN FAVOR. ALRIGHT, THANK YOU. YEAH. SO WE'RE LOOKING FOR A MOTION. WHO WOULD LIKE TO MAKE, WE HAVE FOUR ITEMS BEFORE US AND THERE'S, I SEE NO ISSUE WITH DOING IT ALL AS ONE MOTION AND WE CAN SORT IT OUT IF WE NEED TO. WHO WOULD LIKE TO TAKE A STAB AT THIS THIEL? COMMISSIONER THIEL. LET'S HERE. REGARDING CASE NUMBER BO O A DASH 22 DASH 3 23, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE A SIX INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE NINE FOOT SIX INCHES FROM THE PROPERTY LINE. TWO, A FIVE FOOT VARIANCE FROM THE MINIMUM 10 FOOT SIDE SETBACK REQUIREMENT TO ALLOW THE STRUCTURE TO BE FIVE FOOT FROM THE SIDE PROPERTY LINE THREE, A FIVE FOOT VARIANCE FROM THE MINIMUM 10 FOOT REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE FIVE FOOT FROM THE REAR PROPERTY LINE. AND FOUR A HALF STORY VARIANCE FROM THE TWO AND A HALF STORY MINIMUM, EXCUSE ME, MAXIMUM TO ALLOW THE STRUCTURE TO BE THREE STORIES TALL, SITUATED AT 3 0 1 PIEDMONT AVENUE, APPLICANT BEING RUBEN RIVAS. 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 THE STRUCTURES WILL HAVE ADEQUATE SPACING BETWEEN THE ADJACENT PROPERTIES AND WILL NOT EXCEED THREE STORIES. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. IT WOULD RESULT IN IT HAVING TO ABIDE WITH, WITH THE SETBACK REQUIREMENTS AND MAINTAIN THE, THE HEIGHT AT TWO AND A HALF STORIES, WHICH COULD LEAD TO HAVING A SIGNIFICANT REDUCTION ON THE BUILDING FOOTPRINT. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS THE STRUCTURES DO NOT ENCROACH ON THE NEIGHBORING PROPERTIES AND DOES NOT POSE A FIRE SAFETY HAZARD TO ANY NEIGHBORING STRUCTURES FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED AS THE PROPERTY IS ZONED. R FOUR. AND THE USE OF THE PROPERTY IS SINGLE FAMILY DWELLING. FIVE. SUCH VARIANTS WILL NOT ALTER, EXCUSE ME, WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR THE ALTER, THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. NON-CONFORMING STRUCTURES FOUND IN THE AREA DO NOT MAINTAIN THE REQUIRED SETBACKS, THEREFORE, THE REQUEST DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES ON THE PRO EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN DISTRICT AND WHICH THE PROPERTY IS LOCATED. IT APPEARS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO THE SIZE OF THE LOT AND THE PROPOSED FRONTAGE ON WYOMING STREET. THE REQUEST DOES NOT APPEAR MERELY FINANCIAL END OF MOTION. ALRIGHT, IS THERE A SECOND? SECOND. SECOND. BY COMMISSIONER BRAGMAN. COMMISSIONER DIEHL? YES. I'LL BE IN S UH, SUPPORT OF THIS MOTION. UH, ONE, IT'S A TIGHT LOT. TWO, WE NEED INFILL DEVELOPMENT DESPERATELY. IN FACT, THAT'S PRO ONE OF THE MISSIONS OF THE CITY OF SAN ANTONIO. ODDLY, DUE TO SOME SEMANTICS REGARDING THE, UH, EXISTING ZONING RELATIVE TO THE ADJACENT PROPERTY. SOME OF THESE ITEMS ARE, ARE, ARE, ARE FORCING THEM TO COME HERE. I THINK THAT, UH, THEY'VE PAID ATTENTION TO THINGS THAT ARE IMPORTANT, SUCH AS OFF STREET PARKING, UH, OPEN SPACE IN BETWEEN THE TWO STRUCTURES FOR PEOPLE TO INTERACT AND LIVE. AND, UH, ULTIMATELY IT'S GONNA BECOME A TAXABLE PROPERTY THERE IN THE CITY OF SAN ANTONIO, WHERE WE DESPERATELY NEED IT. SO I'LL BE IN SUPPORT. COMMISSIONER BRAGMAN, I AGREE WITH MY, I AGREE WITH MY . I AGREE WITH MY COLLEAGUE. AND IN ADDITION, IF YOU LOOK AT SLIDE NUMBER ONE 14, YOU'LL SEE IN THE BACK THAT THERE IS A THREE STORY STRUCTURE IN THE NEXT BLOCK OVER. UM, SO, UM, THERE'S AL ALREADY PRECEDENT IN THE, IN THE NEIGHBORHOOD, SO I'LL BE IN SUPPORT. ALL RIGHT. ANY OTHER COMMISSIONERS LIKE TO ADD? I WOULD, I WOULD LIKE TO ADD MR. KAPLAN, UH, I WOULD LOVE TO HAVE SEEN IT TWO AND A HALF STORIES BECAUSE MOST OF THE BLOCK FACE AND THAT WHOLE AREA IS LOWRISE, BUT I WILL BE IN [03:10:01] SUPPORT OF THIS BECAUSE I DO AGREE INFILL HOUSING IS IMPORTANT AND OBVIOUSLY, UH, NICE NEW HOUSING IS BETTER THAN A VACANT LOT, MADAM. OKAY. COMMISSIONER MANNA. UM, YEAH, I'M NOT GONNA SUPPORT, UH, THREE STORY HERE. AND, UM, I, SORRY, I'M GONNA BRING UP A, UH, THE MOVIE UP AND BASICALLY HE GOT HIS POOR HOUSE WITH EVERYTHING BEING BUILT AROUND IT AND BASICALLY CROWDING OUT A HOUSE. UM, THIS HOUSE WAS THERE BEFORE, YOU KNOW, I, I GUESS AT, YOU KNOW, HAS BEEN THERE FOR A WHILE. THE HOUSE NEXT DOOR HAS BEEN THERE FOR A WHILE AND, YOU KNOW, UH, THE CODE IS SET UP SO AS NOT TO OVERCROWD, UM, WE'LL SAY SOME OF THOSE HOMES. AND AS I LOOK AROUND, THERE ARE SEVERAL SINGLE STORY TYPE HOMES AROUND THIS COMMUNITY. IT'S NOT ALL THREE STORY BUILDINGS. AND SO, UM, YOU KNOW, I I, I DON'T HAVE AN ISSUE WITH THE, WITH THE, UM, BUILDING TO THE, UH, THE, THE, UM, BUFFERS, BUT I GUESS I DO HAVE A PROBLEM WITH THIS THREE STORY BUILDING GOING UP. AND ALSO THE THREE STORY BUILDING THAT'S SHOWN IN THAT PICTURE ACTUALLY HAS A DIFFERENT ZONING DISTRICT FOR IT. SO, SO IT HAS A LITTLE BIT OF UNIQUENESS TO THAT ONE PARTICULAR PICTURE RIGHT THERE. AND I'M NOT SURE ABOUT THE OTHER, UH, HOMES AROUND THE NEIGHBORHOOD. SO, YEAH, I, I AGREE WITH, UH, WHAT YOU JUST SAID. MR. SPIELMAN FEEL LIKE, UH, THE SETBACKS ARE NOT AN ISSUE. IT'S THE TWO AND A HALF STORIES. COULD WE, COULD WE, UM, SEPARATE THESE OUT? SURE. UH, WE CAN HAVE THE MAKER OF THE MOTION, UH, OFFERED. I'LL GO AHEAD AND REMOVE, UH, WHICH IS IT? ITEM ITEM FOUR. ITEM ITEM FOUR FROM THE ORIGINAL MOTION. WE'LL CONSIDER THEM SEPARATELY. ALL RIGHT. SO WITH THAT, LET'S HAVE A ROLL CALL VOTE. UH, THE MOTION IS FOR APPROVAL OF, UH, ITEMS ONE, TWO, AND THREE REGARDING SETBACKS AS REQUESTED BY THE APPLICANT. SECOND ON THAT MOTION. SECOND, SHE JUST HAS SAYS AS APPROVED. YEAH. COMMISSIONER BRAGMAN, DO YOU ACCEPT THAT? YES. ALL RIGHT. SO, SO IF WE CAN HAVE A ROLL CALL THOUGH, PLEASE, MR. THIEL? YES, I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN? YES, I CONCUR. MR. SPIELMAN. I CONCUR. MR. ALBERT. I CONCUR. MR. MANCHACA. I CONCUR. MR. ZIKA. I CONCUR. MS. CRUZ. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. UH, MS. KAPLAN. I CONCUR. I CONCUR. MR. ZUNA. I CONCUR. I CONCUR. MS. DORIAN, I ALSO CONCUR THE FINDINGS OF FACT, UH, MOTION FOR ITEMS ONE, TWO, AND THREE PASSES UNANIMOUSLY. UH, AND FOR ITEM NUMBER FOUR, UH, IF ANYBODY LIKE TO MAKE A MOTION ON THAT, AND BEFORE WE DO, IS THERE ANY SORT OF DISCRETION WHEN IT COMES TO HALF STORY? COULD WE LIMIT IT TO THE, THE ABILITY TO HAVE A KITCHEN OR TO MAKE IT A CERTAIN PERCENTAGE INCREASE? OR DOES IT, IS IT JUST ALL OR NOTHING? PRAY IT'S ALL OR NONE. SORRY, MANNA COMMISSIONER MANNA. SO, UM, SO IS A KITCHEN ALLOWED IN THE NEW U D C DIALOGUE FOR THE TWO AND A HALF STORY? I, I DON'T THINK IT RESTRICTS IT, SO I THINK THAT IT CAN BE THERE IF I UNDERSTOOD CORRECTLY. I'M NOT, I'M NOT POSITIVE ON THAT. I'LL SEE IF I CAN FIND SOMETHING OUT FOR YOU. OKAY. SO, UM, I DON'T THINK THAT'S GONNA GAIN ANY SUPPORT, BUT IF ANYONE WOULD LIKE TO MAKE A MOTION, THEY'RE WELCOME TO. I MEAN, CAN WE JUST USE THE EXISTING MOTION AND, AND JUST YEAH, THAT'S A GOOD QUESTION. SO FOR LEGAL, DO WE HAVE TO REREAD THE WHOLE MOTION OR CAN WE JUST, UH, REFERENCE IT AND JUST VOTE ON ITEM NUMBER FOUR SEPARATELY? YOU CAN VOTE ON ITEM FOUR AS PART OF THE MADE PART OF THE RECORD ALREADY. OKAY. SO, UH, WE'RE GONNA MOVE FORWARD WITH, UH, ANYBODY LIKE TO MOVE TO THIEL. COMMISSIONER THIEL? UH, I'LL MOVE TO, UH, YEAH. MOTION WITH ITEM NUMBER FOUR AS ORIGINALLY READ SEPARATE FROM THE REST OF, UH, SEPARATE FROM THE FIRST MOTION. OKAY. IS THERE, IS THERE A SECOND? SECOND. ALRIGHT, SECOND BY COMMISSIONER KAPLAN, MANNA. COMMISSIONER MANNA. SORRY, SORRY, I'M PICKING ON THINGS HERE. SO, SO LOT IS, IS DIVIDED INTO TWO ARMS STRUCTURES? NO, IT'S, IT'S ONE LOT THAT'S, OR ONE LOT TEND TO HAVE TWO STRUCTURES ON IT. TWO STRUCTURES. SO IT'D HAVE TO BE APPLIED TO BOTH, SO, OKAY. 'CAUSE I WAS LOOKING AT THE SECOND HALF, WHICH IS NOT WELL, CAN WE, CAN WE, CAN WE APPLY IT TO ONE STRUCTURE AND NOT THE OTHER? CAN WE DO IT ON, ON THE CORNER ONE AND, AND NOT BOTH? I THINK WE SHOULD BE ABLE TO, TO DO THAT TALK. LET'S TALK TO LEGAL . NO, NO, THAT'D BE NOT THAT, THAT'S A GOOD POINT. WHAT ARE THEY GONNA SAY THAT DIRECTLY ACROSS THE STREET APPLIES? YEP. UH, UNFORTUNATELY IT'S ALL ONE ADDRESS AND IT'S ALL ONE LOT. SO IF IT WAS BROKEN UP TO WHERE IT WOULD BE LIKE LOT 10 AND LOT 11, WELL, HOW WE COULD SAY LOT 11. SO ONE QUESTION IS, IS THAT BECAUSE, BECAUSE THE ONE THAT'S AT THE HARD CORNER, THAT BUILDING [03:15:01] IS FIF MORE THAN 50 FEET AWAY FROM THE ABUTTING STRUCTURE. WOULDN'T THAT, WOULDN'T THEY BE ALLOWED BY RIGHT TO GO THREE STORIES ON THAT ONE BUILDING ON THAT OTHER SIDE WHERE IT IS, WHERE THERE ISN'T, WELL, IT'S VACANT NEXT DOOR. THERE IS NO HOME NEXT DOOR TO IT, BUT THE ONE THAT'S, THAT'S CAUSING THIS TO BE LIMITED TO F STORIES IS THAT SMALL ONE ON WYOMING. BUT THE, BUT THE BUILDING AT THE HARD CORNER OF WYOMING AND PIEDMONT IS MORE THAN 50 FEET AWAY FROM THAT PROPERTY LINE. RIGHT. SO THAT ONE WOULD BE OKAY. OKAY. IT'S JUST THE ONE THAT'S ON THE ABUTTING SIDE, THAT WOULD BE THE ISSUE. YEAH. SO MM-HMM. , JUST SO FOR THE APPLICANT, IF YOU, IF YOU WANT TO KNOW WHAT WE'RE WE'RE TALKING ABOUT IS, SO THAT THAT RULE ABOUT TWO AND A HALF STORIES IS ONLY APPLYING TO STRUCTURES WITHIN 50 FEET OF THAT ABUTTING SINGLE FAMILY USE. SO YOU'RE PROPOSING TWO STRUCTURES, THE ONE THAT'S AT THE HARD CORNER OF WYOMING AND PIEDMONT IS MORE THAN 50 FEET AWAY FROM THE NEIGHBORING PROP. THAT ONE CAN STILL BE THREE STORIES, IT'S JUST THE ONE NEXT TO IT CANNOT BE. YEAH. SO THAT'S, SO WITH THAT, UH, WE HAVE A MOTION ON THE TABLE TO MOVE FORWARD FOR THE ENTIRE PIECE OF PROPERTY AS AS, UH, AND WE HAVE A MOVE MOTION IN A SECOND. DO I NEED TO DIVIDE IT UP? NO, BECAUSE IT, THEY ALREADY HAVE IT. THEY CAN DO IT RIGHT BY, RIGHT. I JUST WANNA MAKE SURE WE'RE GETTING THEM APPROVED. YEAH, SO LET'S, LET'S, UH, LET'S, WE HAVE A SECOND COMMISSIONER, KAPLAN SECOND IN THAT. SO LET'S HAVE A ROLL CALL VOTE ON. I WOULD ASK FOR A CONTINUANCE SO THEY CAN MAKE SURE THAT THE CODE IS INTERPRETED CORRECTLY. IS IT? NO, WE HEARD. NO, WE'VE HEARD THAT BEFORE. WE, WE HAVE ACTUALLY HEARD VARIANCES, UH, THE APARTMENT COMPLEX OFF OF, UH, MALLY HAD THE SAME ISSUE WHERE THEY WERE WITHIN 50 FEET, BUT THE ONE CLOSEST TO MALLY WAS NOT. AND SO THAT WAS FINE. SO YEAH, LET'S MOVE FORWARD WITH THE ROLL CALL VOTE. UM, JUST AS A CHAIR? YES. JUST AS A CLARIFICATION REAL QUICK. YES. THE MOTION IS FOR ITEM NUMBER FOUR AS REQUESTED BY THE APPLICANT. OKAY. AND ALSO, UH, FOR MR. MANNA, UM, THEY'RE ELIMINATING THE HABITABLE SPACE, UM, LANGUAGE. SO IF IT IS APPROVED BY COUNSEL IN OCTOBER, THEN YES, IT WILL ALLOW RESTROOMS AND KITCHENS. OKAY, SO WE HAVE A MOTION AND A SECOND ON THE TABLE FOR ITEM NUMBER FOUR AS REQUESTED BY THE APPLICANT TO ALLOW FOR THREE STORIES. IF THE MOTION PASSES, UH, BOTH THE ENTIRE PROPERTY WILL BE ALLOWED TO GO TO THREE STORIES. IF THE MOTION FAILS, UH, BY RIGHT, ONLY THE ONE HOME AT THE HARD CORNER WILL BE ALLOWED TO BE THREE STORIES. SO THAT'S WHAT WE'RE VOTING ON. SO IF YOU COULD TAKE A ROLL CALL. HMM, MR. CHAIRMAN? YES. UH, I THINK IT'S A LEGAL QUESTION THERE THAT, I MEAN NOW THE WAY, UH, THE CHARGE PART TO COME TO THE BOARD RED AS IS AND NOW WE'RE CHANGING IT. NO, IT IS, IT'S RED AS IS. I WAS JUST, I WAS JUST LETTING THE MEMBERS KNOW THAT IF THAT'S WHAT I'M ASKING FOR A LEGAL OPINION, IT'S A DREAD HERE, YOU KNOW WHAT I MEAN? WE, WE WE'RE CUTTING IT APART BECAUSE, YOU KNOW, I MEAN THE, THE, THE VOTE WOULD FOR THE WHOLE PROPERTY AND ANYTHING AFTER THAT WOULD BE, YOU KNOW, SUBJECT TO THE, THE REGULATIONS AS THEY ARE. SO YEAH. YEAH, THE CURRENT REGULATIONS ALREADY ALLOW HER TO HAVE IT ON ONE. SO ALREADY ALLOWED RIGHT NOW. RIGHT NOW, THE ONE ON THE HARD CORNER CAN GO TO THREE. OH, WELL, I, I WAS SAYING THE WAY IT'S WRITTEN, WELL, THE WAY IT'S WRITTEN, WE'RE JUST SLAPPING IT ON THE WHOLE PROPERTY. OKAY. SO IT'S A, IT DOESN'T MATTER ME BECAUSE SHE GETS ONE BY RIGHT? NO MATTER WHAT HAPPENS. DONALD, DONALD. SO THE APPLICANT IS, IS HAPPY AND SHE UNDER, UH, UNDERSTANDS WHAT WE'RE TALKING ABOUT. YES. AND COME BACK TO US IF YOU WELL, IT, IT, IT, IT, UH, THAT'S NOT, I, I KNOW IT'S NOT KNOW, IT'S NOT. YEAH. SO LET'S HAVE A ROLL CALL VOTE PLEASE. , MR. TEO? YES, I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. UH, WHAT WAS OUR, YEAH, WE'RE VOTING ON ITEM FOUR TO ALLOW FOR THREE STORIES. NO, I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. ALBERT. I DO NOT CONCUR. MR. MANCHACA. I DO NOT CONCUR. MR. ZIKA? NO VOTE. MS. CRUZ. I DO NOT CONCUR. MR. MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MS. BREGMAN. I CONCUR. MR. ZUNA? YES, I CONCUR. MR. DORIAN AND I ALSO CONCUR. A MOTION FAILS, UH, SEVEN TO FOUR. UH, SO IF YOU'D LIKE TO EAT WITH STAFF, THEY CAN THOROUGHLY EXPLAIN EVERYTHING THAT WE TALKED ABOUT, BUT, UH, , BUT EVERYTHING ELSE PASSES THE SETBACK. ALL ITEMS PASSES JUST THE ISSUE WITH THREE STORIES. [03:20:01] BUT YOU, THE CODE DOES ALLOW YOU AT TODAY IF YOU TO GO THREE STORIES ON THE HARD CORNER PROJECT. PROJECT. THANK YOU. THANK YOU. KITCHEN ITEM 13. AGENDA ITEM 13, BO 8 2 2 1 0 3 0 0 1 2 5. ADDRESS IS 1807 PARNELL AVENUE COUNCIL DISTRICT FOUR APPLICANT IS MARK BARTON. A REQUEST FOR A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT FIGHTS, FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT WITH OVERHANG AND GUTTERS TO BE TWO FOOT FROM THE SIDE. PROPERTY LINE ZONING IS R FOUR RESIDENTIAL SINGLE FAMILY DISTRICT. WHICH ONE? SUBJECT PROPERTY IS LOCATED ON 1807 PARNELL AVENUE. AND THIS IS A SINGLE FAMILY RESIDENCE. THE APPLICANT IS REQUESTING VARIANCE FOR A CARPORT, ENCROACHING THE SITE SETBACK. THERE'S CURRENTLY A CODE CASE BY CODE COMPLIANCE FOR THE CARPORT, ENCROACHING THE SITE SETBACK SITE PLAN THE SUBJECT PROPERTY. UH, BEFORE YOU CONTINUE, UH, THE ADDRESS IS LISTED AS DIFFERENT THAN WHAT'S ADVERTISED THAN WHAT IT ACTUALLY IS. DOES THAT MATTER? YOU HAVE PARNELL VERSUS PERNELL? IS THAT, IS THAT OF ANY ISSUE? I MEAN, DEPENDS ON WHERE THEY SENT THE MAIL, RIGHT? I MEAN, IF IT IS, IT MAY BE A SLIGHT TYPO, BUT IF THERE WAS AN ISSUE WITH NOTICES SENT OUT WITHIN PEOPLE WITHIN 200 FEET, I DIDN'T KNOW IF THAT CITY WEBSITE CORRECTLY, UH, THE STREET IS GENERALLY JUST USED FOR DI DIRECTIONAL OR LOCATIONAL INFORMATION. IT IS THE, UM, THE LEGAL DESCRIPTION THAT WE UTILIZE FOR THE PROPERTY. OKAY. I JUST WANTED TO MAKE SURE THERE WAS AN ISSUE WITH NOTICE AS SEND IF THE WORD PERNELL VERSUS PARNELL WAS USED IN MAIL, MAIL LABELS. OKAY. IF Y'ALL FEEL CONFIDENT ABOUT IT, I'M, YOU'RE FINE, YOU'RE FINE. YOU CAN PROCEED. YEAH. ALRIGHT. PLEASE CONTINUE. SORRY TO INTERRUPT. THAT'S OKAY. UH, CARPORT IN THE REAR OF THE PROPERTY, THEY HAVE A ALLEY IN THE BACK. SO THIS IS A VIEW FROM THE ALLEY, AND THEN THIS IS FROM THE INSIDE OF THE PROPERTY, LOOKING BACK TOWARDS THE ALLEY. AND THEN THIS IS THE ALLEY IN THE BACK OF THE PROPERTY. EIGHT. AND THEN, UH, SURROUNDING AREA SITE SETBACK VARIANCE STAFF RECOMMENDS APPROVAL ON BO O A 22 1 0 3 0 0 1 2 5. BASED ON THE FOLLOWING FINDINGS OF FACT, A SITE SETBACK A TWO FOOT WILL PROVIDE ENOUGH SPACING BETWEEN STRUCTURES ON THE SUBJECT PROPERTY. THE DETACHED CARPORT WITH OVERHANG WILL HAVE GUTTERS INSTALLED TO MITIGATE ANY ISSUES WITH WATER RUNOFF AND OTHER STRUCTURES WERE OBSERVED IN THE MEDIA AREA. THEREFORE, THE REQUEST DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. NOTIFICATION PLAN. 25 NOTICES WERE MAILED OUT ONE IN FAVOR AND, UH, ONE IN OPPOSITION. WE GOT LATE, UH, AS YOU CAN SEE HERE, AND THERE ARE NO REGISTERED, UH, NEIGHBORHOOD ASSOCIATIONS. THIS CONCLUDES STAFF PRESENTATION. THE APPLICANT IS AVAILABLE. THANK YOU. THANK YOU. IF THE APPLICANT PLEASE COME FORWARD. GOOD AFTERNOON. MY NAME'S, UH, MARK BARTON, AND, UM, THIS IS MY HOUSE, THIS WHERE I LIVE. UH, I, I'M HERE TO, UH, UH, RESPECTFULLY, UH, ASK THE BOARD TO GRANT MY, UH, VARIANCE, UH, WITHOUT ME HAVING TO MAKE ANY, UH, MAJOR ADJUSTMENTS TO IT. UM, I BUILT THIS, UH, A CARPORT, UH, EARLIER THIS YEAR, UH, AND WITHOUT ANY INTENTION TO, UH, TO BE A NUISANCE TO ANY OF MY NEIGHBORS OR, UH, TO MY COMMUNITY. UM, AND, UH, THIS IS, UH, WHY I'M HERE. OKAY. UH, I JUST WANTED TO CLARIFY THE APPLI, THE, IT WAS REGISTERED WITH, UH, OVERHANG WITH GUTTERS, UH, BUT THE PICTURES DON'T SHOW ANY GUTTERS THAT THEY HAD NOT BEEN INSTALLED YET. YEAH, NO, SIR. SO IT DOESN'T HAVE ANY, UH, UH, GUTTERS AT ALL. UH, I, I HADN'T DONE ANYTHING ELSE, UM, TO, UH, TO THE CARPORT SINCE I'VE GOT THE NOTICE TO, UH, THAT THAT WAS IN, UH, VIOLATION OR I NEEDED TO APPLY FOR A VARIANCE, SO I DIDN'T WANNA INVEST ANY MONEY INTO IT. OKAY. UM, SO I, I WOULD GLADLY AND HAPPILY, UH, UH, INSTALL GUTTERS. OKAY. 'CAUSE IT'S JUST PART OF WHAT WAS ADVERTISED. YES, SIR. YES, SIR. THAT'S CORRECT. ALL RIGHT. SO, UM, ARE THERE ANY QUESTIONS, COMMISSIONER MANON? SO, SO, UM, IT APPEARS THAT THE NEIGHBOR NEXT DOOR, UM, HAS SOME QUESTIONS. HAVE YOU HAD AN OPPORTUNITY TO TALK TO THE NEIGHBOR, FIND OUT WHAT'S UP WITH THAT? I, YOU KNOW, I ACTUALLY DID, AND IT'S, IT WAS VERY SURPRISING TO ME THAT, THAT, UH, HE WAS, UH, OPPOSED, UH, UH, TO THE CARPORT. I'VE KNOWN HIM FOR SEVERAL, UH, UH, YEARS AND, UH, WE'VE ALWAYS BEEN VERY CORDIAL WITH EACH OTHER AND, UH, UH, CHITCHATTING WHENEVER WE SEE EACH OTHER IN THE FRONT YARD AND THINGS LIKE THAT. UM, I THINK WHAT REALLY, UM, SET HIM OFF, UH, WHICH [03:25:01] HE ADMITTED TO ME, UH, WAS THAT WHILE WE WERE BUILDING THE CARPORT, SOME TOOLS FELL FROM THE ROOF ONTO HIS SIDE OF THE PROPERTY AND WITHOUT PERMISSION. UM, WELL, WE WENT ONTO HIS PROPERTY TO RETRIEVE THOSE TOOLS, AND I, I ACTUALLY THINK THAT'S WHAT DID IT. SO, UM, SO THAT'S ALWAYS UNFORTUNATE WHEN STUFF LIKE THAT HAPPENS. YES, SIR. SO, SO IT LOOKS LIKE, IS THERE A DOUBLE FENCE THERE BETWEEN YOUR PROPERTY AND HIS PROPERTY? IT LOOKS LIKE THERE'S ANOTHER FENCE THERE. YEAH, IT'S HIS PRIVATE FENCE AND THEN MY PRIVATE FENCE RIGHT NEXT TO IT. SO IT'S TWO PRIVATE FENCES BACK TO BACK. OKAY. THANK YOU KAPLAN. COMMISSIONER KAPLAN, UH, A QUESTION FOR STAFF. ARE THERE ANY OTHER, UH, RESPONSES FROM THE NEIGHBORHOOD? ANYBODY ELSE? AND DO WE HAVE ANY LETTER OR ANYTHING OR, UM, FROM THE NEIGHBOR, UH, WHAT EXACTLY IS THE PROBLEM? UM, NO, WE DON'T HAVE ANYTHING ELSE. JUST WHAT, UM, VINCENT NOTED. OKAY. ANY OTHER QUESTIONS? ALL RIGHT. UM, I, I JUST HAVE ONE QUESTION. UH, ON, ON THE PICTURE OF THE FRONT OF YOUR HOUSE, IT LOOKS LIKE YOU'RE TRYING TO BUILD A FIVE OR SIX FOOT TALL FENCE THERE. IS THAT NO, SIR. THAT'S A, UH, FOUR FOOT FENCE. OH, FOUR FOOT. YES. OKAY. JUST WONDERING. ALL RIGHT, SO IF THERE'S NOTHING ELSE, IS THERE ANY, UH, VOICEMAILS OR ANYONE I NEED TO SPEAK? WE HAVE, UH, ONE VOICEMAIL. ALL RIGHT, LET'S HEAR IT. HI, I AM RUBEN H VAZ CALLING IN REFERENCE TO CASE NUMBER BO A DASH TWO TWO DASH 1 0 3 0 0 1 5. MY ADDRESS IS 1811 PARNELL SANTA ANTONIO, TEXAS SEVEN EIGHT TWO FOUR. MY PHONE NUMBER IS (210) 273-8498. FIRST OF ALL, THANK YOU FOR THE OPPORTUNITY TO SPEAK VIA RECORDING. AS I AM THE CARETAKER FOR MY ELDERLY WIFE WHO IS ILL, AND I AM UNABLE TO ATTEND IN PERSON TODAY, I'VE RESIDE AT 1811 PARNELL AVENUE FOR THE PAST 36 YEARS. I AM OPPOSED TO MR. BARTON'S REQUEST FOR A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SETBACK. AT PRESENT. THE CARDBOARD IS APPROXIMATELY 2.4 FEET FROM A PROPERTY LINE. UM, FIRST OF ALL, I'M CONCERNED THAT A WAIVER OF THE FIVE FOOT SETBACK WILL ENCROACH UPON MY PROPERTY AND ADVERSELY AFFECT THE FUTURE SELL ON MY REAL ESTATE. SECOND, IT WOULD SET A PRECEDENT FOR OTHERS TO GO AGAINST CO COMPLIANCE LAWS. THIRDLY, ACCORDING TO CO COMPLIANCE OFFICERS, DEREK EZ AND JENNIFER OF THE CARPORT CONSTRUCTION HAS BEEN IN VIOLATIONS SINCE DAY ONE, KNOWINGLY BUILDING WITHOUT A PERMIT AND VIOLATING THE FIVE FOOT SIDE SETBACK ATTEMPTS TO MEET SUPERVISORS. DANNY GUE AND DAVID SIMPSON WERE ALSO UNSUCCESSFUL AS THEY NEVER RETURNED MY CALLS. IN ADDITION, ON JANUARY 19TH, MR. BARTON TEXTED ME THAT HE WAS UP TO PAR WITH CO COMPLIANCE PERMITS AND NOT HAVING ANY PROBLEMS. THIS CONTRADICTS WHAT THE TWO OFFICERS TOLD ME. AND LASTLY, I HAVE BEEN DEALING WITH THIS ISSUE FOR MONTHS, WHICH HAS BEEN QUITE FRUSTRATING AND STRESSFUL. WE SINCERELY HOPE AND RESPECTFULLY REQUEST THAT THE CITY OF SAN ANTONIO REJECT THE VARIANCE REQUEST THAT IT DID NOT DILIGENTLY ADDRESS MONTHS AGO WHEN THE VIOLATIONS WERE FIRST IDENTIFIED. THANK YOU FOR YOUR CONSIDERATION IN THIS MATTER. RUBIN RUBEN VASQUEZ. OKAY, SO, UM, WE'RE GONNA GIVE YOU AN OPPORTUNITY TO PROVIDE ANY SORT OF REBUTTAL YOU WANT A QUICK COMMENTARY, AND THEN WE'RE GONNA MOVE TO, UH, A MOTION INTO DELIBERATION. SO ANYTHING YOU'D LIKE TO ADD, SIR? UM, YEAH, I, I KNOW, UH, REUBEN, MY NEIGHBOR, MR. UH, UM, VASQUEZ, I THINK, UH, I, I DON'T KNOW WHY HE MENTIONED THAT, UH, THAT THERE WERE NO PERMITS OR ANYTHING LIKE THAT. THERE IS A PERMIT, UM, AND I, I JUST DON'T UNDERSTAND IT. YOU KNOW, I, AS I MENTIONED BEFORE, YOU KNOW, WE'VE BEEN VERY CORDIAL AND NEIGHBORLY WITH EACH OTHER FOR A REALLY LONG TIME, AND IT REALLY, THE VOICEMAIL SURPRISES ME COMPLETELY. I, I NEVER EXPECTED TO HEAR THAT. UM, THE ONLY THING THAT I CAN SAY IS THAT I, YOU KNOW, INTENTIONALLY, UH, NOT TRYING TO BE A NUISANCE TO MY NEIGHBORS OR TO ANYBODY OR ANYTHING LIKE THAT, I HAD NO IDEA THAT HE WOULD BE BOTHERED BY IT. BUT, UM, UM, YOU KNOW, BY ME ADDING GUTTERS OR DOING WHATEVER I CAN TO, TO SATISFY HIM, YOU KNOW, I'M WILLING TO DO THAT. UH, [03:30:01] UH, AGAIN, PERHAPS, YOU KNOW, IF I TALK TO HIM LATER IN A FEW DAYS, YOU KNOW, MAYBE WE CAN JUST, UH, SMOOTH THINGS OVER. NOT, NOT JUST REGARDING THE CARPORT, BUT OTHER THINGS. I THINK HE'S GOT A LOT OF STUFF ON HIS MIND. UH, UH, SO, AND JUST, UH, ASKING THE, THE BOARD TO, UH, TO RESPECTFULLY, UH, TO GRANT ME THE VARIANCE IF YOU COULD. OKAY. WELL, THANK YOU VERY MUCH. I'M LOOKING FOR A MOTION ON THIS CASE. I HAVE QUESTION FIRST. YES, GO AHEAD. UM, SO I'M LOOKING AT GOOGLE EARTH. IS THERE ANYTHING ON THE OTHER SIDE OF THE FENCE? SO WHERE, WHERE THE CARPORT IS, THERE'S THE FENCE, IS THERE ANYTHING ON THE OPPOSITE SIDE OF THAT FENCE? A STRUCTURE IN YOUR NEIGHBOR'S YARD? UM, ON THE OTHER SIDE OF THE FENCE, ON THE BACKSIDE IS THE ALLEY. AND THEN ON THE WEST SIDE, UH, IF YOU'RE LOOKING AT THE PICTURE, LIKE THE FRONT OF THE TRUCK, UH, ON THE, ON THE, UH, OPPOSITE SIDE OF THAT FENCE, NO, THERE'S NOT A STRUCTURE. THERE'S, UH, PECAN TREES. OKAY. SO, AND THAT'S ONE OF THE REASONS, AND I DON'T MEAN TO INTERRUPT YOU THAT I PUT UP THE CARPORT, UM, WAS BECAUSE OF PECAN TREES, UM, UH, BECAUSE THEY SHED LEAVES AND STUFF UNDER MY VEHICLE AND I ENJOYED, UH, THE PECAN TREES. THEY OFFERED ME A LOT OF SHADE, BUT I WAS JUST AT THE SAME TIME TRYING TO PROTECT MY VEHICLE AS WELL. BUT THERE'S NO STRUCTURE ON THE OTHER SIDE. ALBERT, I THINK STAFF IS PULLING. COMMISSIONER ALBERT, A QUESTION FOR STAFF. CAN YOU CLARIFY IF THERE WAS A PERMIT OR NOT FOR THIS PROJECT? YES, IT'S PENDING THIS HEARING. OKAY. THANK YOU. ALL RIGHT. UM, IS THERE ANY OTHER QUESTIONS? ANYTHING ELSE? ALL RIGHT, SO LET'S LOOKING FOR A MOTION. MANNA COMMISSIONER MANNA REGARDING CASE NUMBER BO 8 2 2 1 0 3 0 0 1 2 5. I MOVED THE BOARD OF ADJUSTMENT GRANT REQUEST FOR A THREE FOOT VARIANCE FROM THE, UH, MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT WITH OVERHANG GUTTERS TO BE TWO FOOT FROM THE SIDE PROPERTY LINE SITUATED AT 1807 PARNELL AVENUE, APPLICANT BEING MARK BARTON. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST BECAUSE THE VARIANCE REQUEST IS TO ALLOW A CORPORATE WITH OVERHANGING GUTTERS TO BE THREE FEET FROM THE SIDE PROPERTY LINE TWO, DUE TO SPECIAL CONDITIONS OR LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP BECAUSE IT WOULD RESULT IN THE STRUCTURE OF HAVING TO BE MOVED TO MEET THE REQUIRE. THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT, THE UNNECESSARY HARDSHIP IS DUE TO THE CONFIGURATION OF THE PROPERTY. THREE, BY GRANTING THE VARIANCE OF SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS A THREE FOOT VARIANCE FROM THE FIVE FOOT MINIMUM SIDE SETBACK REQUIREMENT WILL OBSERVE THE SPIRIT OF THE ORDINANCE. IT WILL NOT ADVERSELY AFFECT SURROUNDING PROPERTIES IN THE IMMEDIATE AREA. THREE, 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 FOUR AND THE USE OF THE PROPERTY AS A SINGLE FAMILY DWELLING FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENTS CONFORMING PROPERTY OR THE ALTER, THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED, BECAUSE THE STRUCTURE WILL MAINTAIN A TWO FOOT SETBACK FROM THE SIDE PROPERTY LINE RESPECTIVELY. THIS WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THERE ARE SIMILAR ACCESSORY STRUCTURES IN THE AREA WITH SIMILAR SETBACKS. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE 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 THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED. IT APPEARS TO APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE ESSENTIAL, THE THE EXISTING STRUCTURE CANNOT BE DEVELOPED WITH THE EXISTING SETBACK REQUIREMENT AS THERE IS INSUFFICIENT SPACE. THE VARIANCE REQUEST IS NOT MERELY FINANCIAL END OF MOTION. SECOND, UH, MOTION AND SECOND BY COMMISSIONER BRAGMAN. COMMISSIONER MANNA. UM, I'LL BE, UH, PROVEN THIS AS READ. UM, I, YOU KNOW, LOOKING, UH, DOWN, I GUESS DOWN THE BACK OF THE ALLEY, IT LOOKS LIKE THERE'S MANY STRUCTURES JUST LIKE THIS, UH, PARTICULAR, UH, STRUCTURE, UH, AS I LOOK IN THE ALLEY, UH, WITH A SIMILAR, UH, SETBACK, UH, ALREADY ESTABLISHED. SO IT LOOKS VERY CONSISTENT. SO I'LL BE VOTING IN FAVOR. ALL RIGHT, COMMISSIONER BRAGMAN, UM, I AGREE WITH MY COLLEAGUE AND, AND AS I SAID, I'M LOOKING AT THE OTHER SIDE OF THE FENCE. I DON'T SEE ANYTHING ON THE OTHER SIDE OF THE FENCE THAT THIS STRUCTURE IS GONNA, UH, HARM OR HINDER IN ANY WAY. SO I'LL BE IN SUPPORT OF THE MOTION. ALL RIGHT. IS THERE ANY OTHER COMMISSIONERS YOU'D LIKE TO ADD? HEARING NONE US HAVE A ROLL CALL VOTE PLEASE. [03:35:01] MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT, MS. KAPLAN. I CONCUR. I CONCUR WITH THE FINDINGS OF FACT, ALTHOUGH MS. BRAGMAN WAS THE ONE WHO DID THE SECOND. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. ALBERT. I CONCUR. MR. MANCHACA I CONCUR. MR. ZUNIGA. I CONCUR. MS. CRUZ. I CONCUR. MR. TEO? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. ZUNA? YES, I CONCUR. MS. DORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS IF ANY QUESTIONS GET WITH STAFF. UH, ITEM NUMBER 14. AGENDA ITEM 14 IS A BO 8 2 2 1 0 3 0 0 1 3 3. ADDRESS IS 3 0 1 SOUTH MONUMENTAL COUNCIL. DISTRICT TWO, UH, APPLICANT IS AVIDA PERTZ. A REQUEST FOR ONE A NINE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A STRUCTURE WITH OVERHANGING GUTTERS TO BE FOUR FOOT THREE INCHES FROM THE SIDE PROPERTY LINE AND TWO, A ONE FOOT 10 INCH VARIANCE FROM THE MINIMUM FIVE FOOT REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE WITH OVERHANG GUTTERS TO BE THREE FOOT TWO FROM THE REAR PROPERTY. LINE ZONING IS RMM FOUR RESIDENTIAL MIXED DISTRICT. THE SUBJECT PROPERTY IS LOCATED AT 3 0 1 SOUTH MONUMENTAL. THE APPLICANT IS REQUESTING A VARIANCE FROM AN EXISTING ACCESSARY STRUCTURE ON THE SIDE OF AN EXISTING RESIDENCE. DURING THE PLAN REVIEW PROCESS, IT WAS NOTED THAT A VARIANCE WOULD BE REQUIRED FOR THE ACCESSARY STRUCTURE LOCATED WITHIN THE FIVE FOOT SIDE AND REAR SETBACK REQUIREMENTS. THIS IS THE SITE PLAN AND THE SUBJECT PROPERTY. THIS IS THE ACCESSORY STRUCTURE. THIS IS THE REAR SETBACK AND THE OVERHANG FOR THE ACCESSORY STRUCTURE. AND THIS IS THE SIDE SETBACK MEASUREMENT AND THE SURROUNDING AREAS SIDE SETBACK VARIANCE STAFF RECOMMENDS APPROVAL AND BO O A 22 1 0 3 0 0 1 3 3 BASED ON THE FOLLOWING FINDINGS OF FACT, THE STRUCTURE OF SETBACK AT FOUR FOOT THREE FROM THE SIDE PROPERTY LINE AND THREE FOOT TWO INCHES FROM THE REAR PROPER LINE AND WILL INCLUDE GUTTERS TO MITIGATE WATER RUNOFF. THE STRUCTURE DOES NOT APPEAR TO BE OUT OF CHARACTER FOR THE AREA, AND OTHER PROPERTIES IN THE SURROUNDING AREA APPEAR TO HAVE SIMILAR STRUCTURES IN PLACE OF THE SAME DISTANCES. NOTIFICATION PLAN, 32 NOTICES WERE MAILED. SIX IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION. AND THERE WAS A MISCOMMUNICATION BETWEEN THE APPLICANT AND THE OWNER. SO NONE OF 'EM, UH, APPEAR TODAY FOR THE MEETING. CAN CAN, CAN YOU CLARIFY WHERE THIS IS? 'CAUSE THE SIGN PLAN PROVIDED SHOWS AN EXISTING RESIDENCE, BUT IT IS, AND, AND IT, UH, IT'S ON THE, SO THIS ON THE SITE PLAN, IT'S KIND OF, IT'S TO THE BOTTOM WHERE THE DRIVEWAY IS. IT, IT'S KIND OF, IT'S, IT SAYS EXISTING GARAGE TO BE REMODELED. THAT'S WHAT THE REMODELING OF THE GARAGE WOULD BE. AN ACCESSORY STORE, RIGHT WHERE IT SAYS LOT 12? YES, SIR. THAT'S WHERE IT'S AT. ALRIGHTYY. THANK YOU. THANK YOU. ALRIGHT. IS THE APPLICANT PRESENT SO THEY WEREN'T OH, APOLOGIZE. NO, SIR. THERE WAS A MIS A MISCOMMUNICATION BETWEEN THE APPLICANT AND THE OWNER AND WHO WAS GONNA BE HERE, SO THEY DIDN'T, NONE OF THEM SHOWED UP TODAY. OKAY. IS THERE ANYTHING TO READ INTO THE RECORD? ANYONE SIGN A SPEECH? THERE'S NO PUBLIC COMMENT. OKAY, SO WE CAN, SO WE CAN EITHER, UH, VOTE ON THIS IF Y'ALL FEEL GOOD ABOUT IT OR WE CAN DO A CONTINUANCE STRUCTURE CONTINUANCE. I MEAN, I'M NOT, I'M NOT OPPOSED TO MOVING FORWARD TODAY. I'M ONLY SAYING THAT, UM, UH, BECAUSE IT'S, THERE'S AN EXISTING IS IT THE SAME FOOTPRINT AS THE EXISTING GARAGE? YES, SIR. OKAY. MM-HMM. , NO CHANGE. ALL RIGHT. SO, UM, IF ANYBODY WOULD LIKE TO MAKE A MOTION ON THIS TEAL, MR. TEAL, I, REGARDING CASE NUMBER BOA DASH 22 DASH 3 33, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE A NINE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A STRUCTURE WITH OVERHANGING GUTTERS TO BE FOUR FOOT THREE INCHES FROM THE SIDE PROPERTY LINE TO A ONE FOOT 10 INCH VARIANCE FROM THE MINIMUM FIVE FOOT REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE WITH OVERHANG AND GUTTERS TO BE THREE FOOT TWO INCHES FROM THE REAR PROPERTY LINE SITUATED AT 3 0 1 SOUTH MONUMENTAL APPLICANT BEING ADE PERTZ [03:40:01] BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THAT VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE VARIANCE REQUEST IS TO ALLOW A STRUCTURE WITH OVERHANGING GUTTERS TO BE FOUR FOOT THREE INCHES FROM THE SIDE PROPERTY LINE. AND TWO, A VARIANCE TO ALLOW A STRUCTURE WITH OVERHANGING GUTTERS TO BE THREE FOOT TWO INCHES FROM THE REAR PROPERTY LINE. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP BECAUSE IT WOULD RESULT IN THE STRUCTURE HAVING TO BE MOVED TO MEET THE MINIMUM FIVE FOOT SIDE AND REAR SETBACK REQUIREMENT. THIS WOULD DECREASE THE SQUARE FOOTAGE OF THE STRUCTURE, WOULD NOT ALLOW ADEQUATE SPACE. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS A NINE INCH VARIANCE FROM THE FIVE FOOT MINIMUM SIDE SETBACK REQUIREMENT. AND A ONE FOOT 10 INCH VARIANCE FROM THE, FROM THE FIVE INCH, FROM THE FIVE FOOT MINIMUM REAR SETBACK REQUIREMENT WILL OBSERVE THE SPIRIT OF THE ORDINANCE AND WILL NOT ADVERSELY AFFECT SURROUNDING PROPERTIES IN THE IMMEDIATE AREA. 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 AS THE PROPERTY IS ZONED RMM 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 STRUCTURE WILL MAINTAIN FOUR FOOT THREE INCH SETBACK FROM THE SIDE PROPERTY LINE AND A THREE FOOT, TWO INCH FROM THE REAR PROPERTY LINE RESPECTIVELY. THIS WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THERE ARE SIMILAR ACCESSORY STRUCTURES IN THE AREA WITH SIMILAR SETBACKS. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDIT. CAN YOU, UM, SPEAK INTO THE MIC PLEASE? SURE. YOU WANT? THERE YOU GO. PERFECT. I'M LIKE, I'M RIGHT HERE. THE PLIGHT TO THE OWNER OF THE PROPERTY FOR WHICH THE PRO WHICH THE VARIANCE IS SOUGHT DUE TO THE UNIQUE CIRCUMSTANCES ON THE EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY OR NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF THE GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IT APPEARS THE PLIGHT TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE EXISTING STRUCTURE CANNOT BE DEVELOPED WITH THE EXISTING SETBACK REQUIREMENTS AS THERE IS INSUFFICIENT SPACE. THE VARIANCE REQUEST IS NOT MERELY FINANCIAL IN A MOTION. MOTION. SECOND. SECOND. ALL RIGHT. WE HAVE A SECOND BY COMMISSIONER MANA, OR IS THAT ALBERT? COMMISSIONER MANA. ALL RIGHT. COMMISSIONER THIEL? UH, YES, I'LL BE IN SUPPORT OF THIS SINCE IT'S USING THE EXISTING, UH, FOOTPRINT OF A STRUCTURE THAT'S BEEN THERE FOR DECADES. ALL RIGHT. COMMISSIONER MANNA. I CONCUR WITH MY COLLEAGUE. ANYONE ELSE LIKE TO ADD ALBERT? COMMISSIONER ALBERT? UH, YES. WITHOUT BEING ABLE TO SPEAK TO THE APPLICANT ABOUT PARKING, UH, CONVERTING THE GARAGE REMOVES THE ONLY OFF STREET PARKING FOR THIS PROPERTY. AND IF THE FUTURE USE OF THE GARAGE IS GOING TO, UH, FURTHER REQUIRE MORE PARKING, THEN THAT WOULD, UH, THAT'D BE SOMETHING I'D LIKE TO DISCUSS WITH THE APPLICANT. OKAY. AND, UH, AND JUST TO CLARIFY, UH, ON THE SITE PLAN PROVIDED WHERE IT SAYS EXISTING GARAGE TO BE REMODELED IS WHERE IT SAYS LOT 12. IS THAT PART OF THE SITE OR IS THAT, UH, A PARKING SPACE? THAT'S, THAT'S PART OF THE STRUCTURE. OKAY. I SAW THE LINE UP THE MIDDLE. I DIDN'T KNOW IF THAT WAS, UH, A WALL OR WHAT THAT WAS. OKAY. ALL RIGHT. WITH, UM, I HAVE ANYTHING ANYBODY ELSE WANTS TO ADD? NOBODY. ALL RIGHT, LET'S HEAR, LET'S HEAR A ROLL CALL. VOTE. MR. TEAL. YES, I INCUR WITH THE FINDINGS OF FACT, MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT, MR. SPIELMAN. I CONCUR WITH THE FINDINGS OF FACT, MR. ALBERT. I DO NOT CONCUR. MR. MANCHACA. I CONCUR. MR. ZUNIGA. I CONCUR. MS. GURU. I CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR. MR. TEAL? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. ZUNA. I CONCUR. MS. DORIAN, I ALSO CONCUR. MOTION PASSES. 10 TO ONE. UH, LET'S HEAR THE LAST ONE. ITEM 15. I WOULD LIKE TO ADD THAT THESE MICROPHONES SEEM TO HAVE GOTTEN A LITTLE LESS, UH, YOU KNOW, IT'S SENSITIVE. YEAH, THE BUTTON PRESS, BUT, OKAY, I'M GONNA GO AHEAD. SPEED. RUN THIS. SO, UM, BO 8 22 1 0 3 0 1 4 4 LOCATED AT 10 39 WEST BR AVENUE. COUNCIL NUMBER ONE, UH, APPLICANT BEING AUDREY, UH, TRINIDAD CURRENT ZONING IS C TWO COMMERCIAL DISTRICT. UM, A REQUEST FOR A THREE FOOT SPECIAL EXEMPTION FROM THE FIVE FOOT MAXIMUM FENCE TIE ALLOWED TO [03:45:01] ALLOW AN EIGHT FOOT FENCE ALONG THE FRONT PROPERTY LINE. DAMN. UM, THE SUBJECT PROPERTY IS LOCATED AT 10 39 WEST HILDERBRAND AVENUE AND IT'S A CORNER LOT. THERE'S CURRENTLY A BUSINESS ON THE PROPERTY. UM, UPON SITE VISIT, UM, CONDUCTED BY STAFF, IT WAS OBSERVED THAT THERE'S CURRENTLY A CHAIN LINK FENCE WITH BARBED WIRE ALONG THE FRONT PROPERTY LINE. UH, WEST HILDERBRAND AVENUE IS CURRENTLY A SECONDARY ARTERIAL B, WHICH IS A STREET DESIGNATED WITH THE CURRENT WITH ON THE CURRENT, UM, MAJOR THOROUGH PLAN AND CURRENTLY SUPPORTS HIGH VOLUME OF TRAFFIC. UH, UPON SITE VISIT, STAFF OBSERVED THAT THE FENCE DID NOT RAISE ANY CLEAR VISION ISSUES. UM, THAT IS CURRENTLY A PICTURE OF THE SITE PLAN, WHAT THE POST FENCE GONNA BE TOWARDS THE BOTTOM OF THAT. UM, THAT SLIDE, UM, RUNNING OF THE PICTURE OF THE SUBJECT PROPERTY WITH THE, SOME OF THE FENCE INCLUDED IN IT WITH THE BARBED WIRE ON TOP. ANOTHER, UH, PICTURE OF THE SUBJECT PROPERTY WITH SOME OF THE FENCE, UH, SOME OF THE SURROUNDING AREAS. SEEING, YOU CAN SEE HOW THE FENCE WRAPS AROUND THE CORNER. UH, THE OPPOSITE SIDE OF THAT, UM, GOING DOWN THE OTHER WAY, HILDERBRAND, UM, SOME OF THAT, UH, FENCE THAT'S ON A RAIL WITH THE BARBED WIRE ON TOP AND ALTERNATE VIEW OF THAT. AND THEN RECOMMENDATION. UM, SO STAFF RECOMMENDS APPROVAL FOR A THREE FOOT SPECIAL EXEMPTION FROM THE, UH, FIVE FOOT MAXIMUM FENCE, UM, HEIGHT REQUIREMENT TO ALLOW A EIGHT FOOT FENCE ALONG THE FRONT PROPERTY LINE BO O 8 22 1 0 3 0 0 1 4 4. BASED ON THE FOLLOWING, FINDING OF FACT, UH, THE ADDITIONAL TWO FEET HEIGHT WOULD PROVIDE ADDITIONAL SAFETY AND SECURITY TO THE PROPERTY DUE DUE TO BEING LOCATED ALONG A SECONDARY ORATORIAL B. AND THE REQUEST DID NOT APPEAR TO ALTER ESSENTIAL CHARACTER TO THE DISTRICT, AND THE REQUEST DOES NOT CREATE A CLEAR VISION ISSUE. UM, SO THERE WERE 26 NOTICES SENT OUT, UM, THREE IN OPPOSITION OF THE SAME OWNER. UM, AND THERE WAS NO RESPONSE FROM THE BEACON HILL AREA AND NEIGHBOR CENTRAL LOS ANGELES HEIGHTS NEIGHBORHOOD ASSOCIATIONS. UM, THAT CONCLUDES THAT PRESENTATION AND THE APPLICANT SHOULD BE PRESENT. UH, OKAY, SO ON THE SIDE PLAN, IF YOU COULD BRING THAT UP, WE'RE, WE'RE, SEE WHAT'S BEFORE US TODAY. THIS IS ONLY FOR EIGHT FOOT IN, UH, IN THE FRONT WITH, WITH AN ADDRESS OF, UH, HILDEBRAND ADDRESS. DOES THAT INCLUDE GOING ALL THE WAY UP THE SIDE LIKE THAT? LET'S SEE. LIKE, CAN IT BE EIGHT FOOT ON THE, WHERE THAT RED LINE IS ON THE SIDE? IS THAT COMMERCIAL? UM, SO, UM, FROM WHAT I, FROM WHAT I WAS, IT WAS PROVIDED FROM ME, FROM THE APPLICANT. IT WAS JUST THE FRONT. AND SINCE IT IS PAST IT IS ADDRESS OFF HILDER BEND, I WOULD BE THE FRONT. BUT, BUT I MEAN, I WOULDN'T KNOW FROM THE SIGN. I WAS JUST ASKING. UH, THE SECOND THING IS, IS THAT YOU MENTIONED THERE WAS A BARBED WIRE ON TOP. DOES THAT REQUIRE A, ANOTHER EXCEPTION OR TO BE PART OF THE, OR IS THAT ALLOWED? NO, YOU CAN DO AN A V R. I THOUGHT THAT WAS ONLY ALLOWED IN INDUSTRIAL FOR SOME REASON. CAN YOU CLARIFY THAT? PRETTY SURE. YOU DO AN, UM, CONFIRM THAT NOW? I BELIEVE IT'S ALSO IN RESIDENTIAL, BUT LET ME CONFIRM THAT. PULL IT UP. COOL. IT'S ALSO PERMITTED IN RESIDENTIAL. THEY JUST NEED THE A U V R, OH, EXCUSE ME. YOU SAID SAID BARBED WIRES ALLOWED AND RESIDENTIAL THEY NEED THE A V E, UH, ADMINISTRATIVE EXEMPTION FOR IT. DO THEY, DO THEY ACHIEVE AN A V E R ONLY? NOT FOR RESIDENTIAL. UH, WE DON'T SEE A LOT. WE DON'T SEE A LOT. UM, I, I DO BELIEVE LIKE SOMETIMES C P S IS IN RESIDENTIAL ZONE AREAS BECAUSE THEY CAN BE, UM, AND I'VE SEEN SOME AV VS FOR BARBED WIRE FOR THEM. BUT BESIDES THAT, I DON'T RECALL ANY OTHER ONES IN RESIDENTIAL. OKAY. AND THEN, UH, WHAT IS THE, UH, USE, WHAT THE, THE SOCIAL USE, WHAT IS THAT? UH, AS FAR AS I KNOW, IT'S JUST KIND OF LIKE A, UM, LIKE A SOCIAL, LIKE A SOCIAL WORKER'S LIKE, UM, OFFICE. UM, AND THEN YOU WANNA GO INTO MORE DETAIL THAN THAT? BESIDES THAT, IT'S LIKE A SOCIAL WORKER OFFICE. OKAY. SO IS THE APPLICANT HERE? SHOULD BE, YEAH. COME ON. I WAS HOPING WE HAD THE RIGHT DATE. AND WE'RE RUNNING THEN HERE. FEELS LIKE IT'S GETTING LATE. IF YOU COULD JUST STATE YOUR NAME AND YOU CAN BEGIN PRESENTATION. SURE. I'M LINDA. MY NAME'S RAFAEL TRINIDAD. IT'S MY SISTER-IN-LAW, LINDA GARCIA. SHE'S, YES. WORKS WITH US AT THE BUILDING. NERVOUS. I DON'T KNOW WHY THIS IS WEIRD 'CAUSE IT'S JUST YOU GUYS AND IT'S LIKE, IT'S NOT A BIG DEAL, BUT I'M NERVOUS. SO ANYWAY, I'LL KEEP GOING. UH, YEAH, THE THING I'M GONNA ASK YOU GUYS TO CONSIDER WITH THIS IS THAT I'VE, I'VE BEEN IN THE AREA. WE HAD A BUILDING, IT'S A COUPLE BUILDINGS DOWN 1117 WEST TILTER BRAND. THAT'S WHERE OUR FAMILY HAS [03:50:01] RUN OUR BUSINESS. OUR BUSINESS IS BIOTECH, IT'S A CRIME AND TRAUMA SCENE CLEANING COMPANY. UH, WE'RE IN THE PROCESS OF EXPANDING, SO WE'RE FRANCHISING. WE HAVE ABOUT FOUR OR FIVE FRANCHISES, BUT THAT'S THE REASON FOR BUYING THIS NEW BUILDING. IT'S A, IT'S A DREAM BUILDING OF, OF, AGAIN, WE'VE BEEN A COUPLE OF BUILDINGS DOWN FOR OVER 20 YEARS. SO WHEN WE BOUGHT THE BUILDING, YOU KNOW, WE'RE HAPPY TO KEEP IT WITHIN THE NEIGHBORHOOD. WE KNOW WE'RE GONNA EXPAND, BRING PEOPLE IN. ONE OF THE PROBLEMS WITH THIS CORNER THOUGH IS THERE'S A LOT OF HOMELESSNESS, OR I DON'T KNOW IF YOU'VE REFERRED TO THEM AS HOUSE HOUSELESS. I'M, I'M NOT SURE, BUT I JUST KNOW THERE'S A LOT OF FOOT TRAFFIC IN THIS AREA. AND, UH, ONE OF THE STRUGGLES THAT I HAVE IS, IS, YOU KNOW, I WAS, I'VE BEEN A, I WAS RETIRED AS A POLICEMAN FOR 23 YEARS. I'VE WORKED IN ALL THESE AREAS. SO I LOVE THE NEIGHBORHOOD. MY FATHER-IN-LAW LIVES THERE, THAT IT'S JUST A LOT OF, OF TRAFFIC THAT ENDS UP UTILIZING THIS FRONT PART. WE'VE ALWAYS SEEN PEOPLE WITH LITTLE TENTS AND, AND UM, UM, WHAT DO YOU CALL 'EM? SLEEPING BAGS AND THINGS OF THAT SORT. THERE'S A CHURCH THAT'S NEXT TO US, AND I'M HAPPY THAT THEY PROVIDE FOR PEOPLE WHO ARE IN NEED. IT JUST BRINGS PEOPLE WHO STAY THE NIGHT OR OVER THE WEEKEND AND THEY LIKE TO THROW THE BLANKETS OVER THE FENCES AND FIND A SECURE PLACE TO STAY. THAT WAS THE MAIN REASON FOR WANTING TO DO THIS. IT'S MORE OF LIKE A, I HAD NO IDEA IT WAS THIS INVOLVED. I MEAN, THIS IS CRAZY WHAT YOU GUYS HAVE IN GOOGLE EARTH AND EVERYTHING ELSE. SO I'M GONNA HAVE TO UTILIZE SOME OF Y'ALL'S RESOURCES, IF THAT'S OKAY ON THAT GOOGLE EARTH, YOU'LL SEE IN THE BACK OF THE BUILDING, THERE'S A, THERE'S A PEOPLE WHO WORK ON VEHICLES, SO THERE'S CONSTANT VEHICLES COMING THROUGH THE BACK RIGHT NEXT TO IT. THEY SET UP, UH, THEY USE THE BACK TO ALLOW PEOPLE TO STAY AND THAT'S RIGHT. UH, I GUESS IT'S JUST EAST OF OUR BUILDING. AND THEN WE HAVE THE CHURCH THAT'S ON THE WEST OF THE BUILDING THAT AGAIN, YOU KNOW, EVERYBODY'S NOT CRITICIZING ANYONE'S MEANS OR ANYTHING LIKE THAT. IT JUST BRINGS THAT TRAFFIC. AND WE ENDED UP RUNNING INTO THIS MULTIPLE TIMES WHERE WE HAVE TO, I'M VERY GOOD WITH DEALING WITH PEOPLE, YOU KNOW, AND SO I I I'M ABLE TO TALK TO THEM AND GET THEM TO LEAVE THE PREMISE, BUT SOME OF THEM REALLY HAVE A HARD TIME WITH IT. AND, UH, I REALLY CARE. ALWAYS HAVE, I WAS IN THE MILITARY BEFORE, AGAIN, AS A POLICEMAN, I CARE ABOUT MY COMMUNITY. IT'S NOT JUST THE PEOPLE WHO ARE WORKING IN OUR BUILDING, IT'S ALSO THE PEOPLE WHO WILL, FOR WHATEVER REASON, WHETHER IT BE MENTAL ISSUES, WHATEVER THEY END UP ON OUR PROPERTY. AND I, I'M JUST, THE BIGGEST THING IS THE DETERRENCE. THAT WAS MY BIGGEST THING, WAS JUST TRYING TO DETER THESE TYPES OF THINGS FROM TAKING PLACE SO THAT NOTHING MORE COMES FROM HAVING TO DEAL WITH THE INTERACTIONS OF PEOPLE OVER THE YEARS. 'CAUSE I KNOW THAT, THAT ULTIMATELY SOME PEOPLE JUST AREN'T, AREN'T GONNA SEE IT, YOU KNOW, THE WAY THAT I'M HOPING THEY WOULD AND, AND THEY WOULD JUST LEAVE. SO THAT WAS THE MAIN PURPOSE FOR WANTING TO DO THIS. I DIDN'T KNOW ANYTHING ABOUT LIKE THE MICHIGAN SIDE BEING INCLUDED IN THIS, BUT IT'S, IT'S ABSOLUTELY IMPORTANT BECAUSE IF YOU, AND I HAVE SOME PICTURES THAT I BROUGHT, BUT THEY SPRAY PAINT THAT, UM, UH, WHAT IS IT, UH, WEST, WEST SIDE OF THE BUILDING, IT, IT'S SPRAY PAINTING ALL OVER THE PLACE. SO IT, IT'S REALLY JUST MORE OF A DETERRENCE THAT HOPEFULLY THEY JUST STICK TO SPRAY PAINTING THE PEOPLE WHO ARE THERE FOR THE CHURCH, HOPEFULLY THEY JUST FIND ANOTHER PLACE THAT THEY CAN STAY AND, UH, WE'RE ABLE TO JUST AVOID THOSE ISSUES. OUR FRONT OF OUR OFFICE IS ACTUALLY LOOKING LIKE THE FRONT OF AN OFFICE RIGHT NOW, AND IT, IT WAS HARD TO BUILD THAT FENCE THERE BECAUSE IT TAKES AWAY THE VISUAL PART OF THE SIGN. I ALSO HAVE MY NONPROFITS CALLED SHIELDS FOR KIDS. WE ALSO WORK OUT OF THIS BUILDING. I MEAN, I WANT TO, I WANT TO SEND THAT MESSAGE, LET PEOPLE KNOW WE'RE HERE AND WHO WE ARE. IT WASN'T ON A, FROM A BUSINESS PERSPECTIVE, IT WASN'T THAT I WANTED TO PUT THAT FENCE THERE LIKE THAT. IT REALLY JUST COMES FROM THE INTEREST OF THE COMMUNITY WHEN, IN, WITH THESE SITUATIONS SURROUNDING OUR BUILDING. SO THAT'S, THAT'S WHAT I HAVE. OKAY. SO TO TO, TO BE CLEAR, YOU'RE USING THE PROPERTY FOR THE BIOTECHS COMPANY? YES, SIR. AND, AND THE SOCIAL NO, THAT THE, THE SIGN THAT WAS UP THERE WAS PREVIOUS, IT USED TO BE, IT'S LIKE 12, 12 13 OFFICES IN THERE. AND IT USED TO BE A SOCIAL, UH, DO YOU REMEMBER WHAT IT'S SOCIAL WORKERS? YEAH, SOCIAL WORKERS TYPE THING. AND THEN ON YOUR, ON YOUR SITE PLAN, YOU, YOU, YOU CITE THAT YOU'RE GONNA INSTALL A, A 50 FOOT SECTION OF EIGHT FOOT WOOD FENCE. CAN YOU CLARIFY WHERE THAT, WHERE THAT'S GOING IN RELATION TO THE CHAIN LINK THAT'S ON THE EAST SIDE. I HAVE TO USE NEVER EAT SOUR WHEAT. SO I I I'M GOING THROUGH THAT. IN MY MIND IT'S THE EAST SIDE OF THE BUILDING. SO IT'S, IT'S THE BACK 50 FEET OF THE RED LINE. UM, THERE YOU GO. RIGHT THERE. AND, AND THAT WAS THE, THAT WAS THE WOOD. IT WAS PREVIOUSLY WOOD. AND I JUST DIDN'T WANT TO, EVEN THOUGH THAT HOUSE HAS A LOT OF PEOPLE THAT, THAT CAMP OUT IN THE BACK, UM, I STILL JUST DIDN'T WANT TO CHANGE THAT ASPECT OF THE, OF THEIR SIDE. AND I WAS KIND OF THINKING OF THEM, YOU KNOW, AND, UH, AND SO, SO FOR STAFF, THE, THE, THE U D C SAYS AN EIGHT FOOT BY RIGHT IS ALLOWED IF YOU'RE AN INDUSTRIAL USE, UH, WHEREAS, UM, THEY'RE ASKING FOR EIGHT FOOT ONLY ON THE FRONT. SO HOW DOES THAT IMPACT [03:55:01] ON WHERE THEY'RE PROPOSING IT ON THE SIDE? YEAH. IT WA YOU CAN'T USE IT ON THE SIDE IF THEY WANT IT, IF THEY'RE PROPOSING IT ON THE SIDE. THE, IT'S JUST FOR THE FRONT. THE UM, EIGHT FOOT FENCE. THE EIGHT FOOT PART HAS ALREADY, WAS ALREADY THERE. THERE WAS A ALONG THE BACK, WHAT DO I DO THIS? UH, BUT IT'S NOT, IT'S NEVER BEEN ALLOWED IS WHAT, WHAT WE'RE, WHAT WE'RE SAYING IS, SO IT'S, IF YOU'RE HERE FOR A CO COMPLIANCE ISSUE, WOULDN'T, WOULDN'T THE CITY WANT THAT EIGHT FOOT SECTION ON THE SIDE TAKEN DOWN? YES, WE WOULD WANT IT ADDRESSED AS WELL. WHAT IS, WHAT'S SHE SHE DID, UH, I DID TALK TO SOMEBODY, UM, KAYLA, KAYLA TOLD ME SHE WAS ASKING ABOUT THIS WOOD PIECE AND SHE TOLD ME THAT WE NEEDED TO, I TOLD HER WE WEREN'T, WE WEREN'T PUTTING A FENCE THERE. WE WERE REPLACING THE SLATS AND THE BROKEN PIECES. AND SHE SAID THAT WAS FINE. AND THEN I TOLD HER THAT THE REST OF IT WAS THE EIGHT FOOT. SHE TOLD ME THE ONLY THING WE NEEDED TO BE CONCERNED WITH WAS WHAT WAS IN FRONT OF THIS PART OF THE BUILDING RIGHT HERE. SO, SO YOU'RE ALLOWED TO REPAIR UP TO 25%, BUT HOW DOES THAT WORK IF THEY HAD AN EXISTING EIGHT FOOT FENCE? THEY REPAIR NO, NO, NO, NO MORE. OKAY. SO THE, THE, UM, CAN YOU, CAN YOU, YOUR NAME AND ADDRESS LINDA GARCIA, 10 39 WEST HOLD BRAND? YEAH. OKAY, THANK YOU. SO THE, THEY CAN, THEY DO GET, LET THE RECORDS, I'M SORRY. LET THE RECORDS SHOW COMMISSIONER Z AS IS LEAVING AT FIVE 10. OKAY. THANK YOU. THANK YOU. SORRY, GO AHEAD. THEY GET THE, UM, THERE'S THE EIGHT FOOT EXEMPTION WHERE YOUR NEXT TWO RESIDENTIAL, THE PROPERTY NEXT DOOR IS ZONED RESIDENTIAL AND HAS RESIDENTIAL USE. SO THEY GET THAT BY RIGHT. WITH A PERMIT. OKAY. NOW, IF THEY'RE JUST REPLACING SLATS, UM, YOU KNOW, IT'S NOT SIGNIFICANT. I WOULD SAY UNDER 50% OF WHAT YOU'RE DOING, THEN YOU CAN DO THAT WITHOUT A PERMIT. BUT IF IT'S EXTENSIVE AND YOU'RE DOING A WHOLE SECTION, THEN YOU'RE GONNA NEED TO GET A PERMIT FOR THAT. YOU ARE ALLOWED THE EIGHT FEET ON THE SIDE. OKAY. OKAY. SOLID SCREEN. A SOLID SCREEN FENCE, NOT A, UM, NOT A CHAIN LINK OR BARBED WIRE. YEAH. OKAY. SO THEN WHAT, WHAT ABOUT THIS PORTION UP HERE? THAT'S, THAT WE, BECAUSE THIS SIDE RIGHT HERE, SHE TOLD ME FROM HERE BACK THAT THIS IS WHAT WE NEEDED TO GET TO COME TO YOU ON. THAT IS CORRECT. SO THAT'S THE PART WHERE YOU'RE PROPOSING THE CHART, CHAIN LINK WITH THE BARBED WIRE, BUT THAT ONE YES. THIS AROUND HERE. RIGHT? RIGHT. SO ANYTHING THAT'S UP TO THE BUILDING LINE ON YOUR SIDE YARD IS ACCEPTABLE. IF YOU GO BEYOND YOUR FRONT BUILDING LINE, THEN THAT'S WHEN YOU NEED A, UM, VARIANCE. OKAY. AND THAT'S WHY WE'RE HERE. YEAH. AND THAT, AND SO THAT'S GREAT. AND THE REASON WHY I BRING THAT UP IS 'CAUSE THE EXCEPTION SAYS THAT THE FENCE IS LOCATED ON A SIDE OF A LOT LINE OF A SINGLE FAMILY DUPLEX OR MIXED RESIDENTIAL, WHICH ABUTS THE COMMERCIAL. SO WOULDN'T THE RESIDENTIAL GET THE FENCE? NOT THEM. NO, IT'S THEM THAT GETS THE FENCE, NOT THE RED RESTITUTION. OKAY. THE EXCEPTION SAYS THAT IT'S FOR THE SINGLE FAMILY DUPLEX OR MIXED RESIDENTIAL USE THAT ABUTS, THAT'S WHAT THE EXCEPTION APPLIES TO. IT DOESN'T SAY THE COMMERCIAL USE GETS IT. WELL, BUT OKAY, SO I'M COMING AT IT FROM THE CODE PERSPECTIVE, RIGHT? SO WHAT THE CODE SAYS IS THAT THE ENCROACHMENT IS USUALLY THE COMMERCIAL USE. SO IF THE RESIDENTIAL PEOPLE WANTED THE EIGHT FOOT FENCE, THEY COULD HAVE THE EIGHT FOOT FENCE. YEAH, THEY CAN, BUT THE COMMERCIAL CAN ALSO BUILD UP TO AN EIGHT FOOT FENCE WITHOUT NEEDING AN ADDITIONAL, UM, VARIANCE. I'M IT, THAT'S NOT HOW IT READS. THAT'S WHY I WAS ASKING ACCORDING TO, I'LL TALK TO LOGAN ABOUT THAT. WELL, YEAH, JUST ASK HIM BECAUSE EXCEPTION E EXCEPTION E IS PRETTY CLEAR THAT IT'LL ONLY THE, THE RESIDENTIAL GETS IT. THAT'S, AND THE COMMERCIAL ONLY GETS IT IF YOU ARE INDUSTRIAL. YEAH. AND THAT'S, THAT'S HOW I READ IT AS WELL, TALKING ABOUT THE, UH, BARBED WIRE FENCE, NO FENCE PERIOD. OKAY. OKAY. FENCE PERIOD. JUST DOUBLE, JUST DOUBLE CHECKING. OKAY. SO I JUST WANNA MAKE SURE THAT THEY, THEY NEED TO ASK FOR VARIANCE THAT THEY, THAT THEY'RE GETTING EVERYTHING THEY NEED. JUST SO YOU KNOW, WE DO HAVE THE, UM, LETTER OF APPROVAL OR WHATEVER FOR THE, WE SEE THOSE TOO. SOMETIMES THEY GO, THEY SOMETIMES THEY GET, UH, YOU KNOW, DROPPED . THEY'RE SOMETIMES THEY'RE INCORRECT. NO, , THAT'S WHY I'M ASKING. OKAY. WELL I DID, I DID GO AND, AND I GOT IT ON MAY 4TH, AND THEN THAT'S WHEN SHE TOLD ME ABOUT THE FRONT. AND THEN I WAS LIKE, OH, OKAY. SO NOW I HAVE TO DO THAT. SO, WELL, I'M JUST, I'M, I'M, I MEAN NOW I'M, I'M GONNA READ THE WHOLE EXCEPTION, THE FENCE, IT SAYS, NOTWITHSTANDING THE PROVISIONS ABOVE OFFENSE MAY BE ERECTED UP TO EIGHT FEET WHERE THE FENCE IS LOCATED ON A SIDE OR REAR LOT LINE OF A SINGLE FAMILY DUPLEX OR MIXED RESIDENTIAL USE, WHICH ABUTS A MULTI-FAMILY COMMERCIAL, RESIDENTIAL, INDUSTRIAL, OR PARK USE. SO THE THE EXCEPTION APPLIES TO THIS, TO THE RESIDENCE, NOT TO THE COMMERCIAL USE. THAT'S, THAT'S WHAT THAT CODE SAYS. UM, I DON'T KNOW WHAT ELSE TO TELL YOU. I'M JUST, THAT'S WHAT IT MEAN. I WAS JUST STRICTLY TALKING ABOUT THE, UM, THE BARBED WIRE. 'CAUSE YOU ASKED EARLIER IF WE HAD GOTTEN YEAH, THE BARBED WIRE OR SOMETHING THE CITY CAN DO BY A E V R. THE HEIGHT IS YEAH, THAT'S, THAT'S WHAT I WAS SAYING I GOT. [04:00:01] OKAY, SO THAT'S GREAT. SO WHAT, WHAT DO WE NEED TO DO? SO WHO THING? SO YOU HAVE THE, THE PERMIT FROM THE CITY FOR THE BARB BAR. OKAY. SO THEY HAD THEIR ADMINISTER, THEY CAN GET THAT, THE ADMINISTRATIVE SECTION. YEAH. OKAY. SO YEAH, ACTUALLY, SO IF YOU CAN SHOW THAT ON THE SCREEN SO IT GETS PUT IN THE PUBLIC RECORD. YEAH, I WANNA SEE THAT. AND THEN, YEAH. AND IF, AND IF SOMETHING'S INCORRECT, I MEAN, WE'LL, EVEN, WELL, I MEAN, WE'RE JUST NOT ALLOWED TO, EVEN IF WE DID GET A PERMIT, IT, WE WILL MAKE IT RIGHT. IT, THE ONLY ISSUE IS THAT IF, BECAUSE IT WASN'T ADVERTISED, WE'RE NOT ALLOWED TO ENTERTAIN ANY APPLICATION ON THE SIDE. SO I HAVE NO ISSUE WITH THE FRONT. SO IF THERE'S ANY OTHER QUESTIONS. YEAH. WELL, UM, LET'S SEE. DO YOU WANNA SEE THE, THE POSTING FOR THE A V R? AND THEN, SO IF I UNDERSTOOD CORRECTLY, THE, THE BARBED WIRE FENCE THAT YOU PUT UP ALONG THE SIDE OR ALONG THE FRONT AND THE SIDE IS SOMETHING THAT YOU PUT UP. SO IT WASN'T THERE WHEN YOU PURCHASED THE PROPERTY. YES, SIR. THAT'S RIGHT. OKAY. UM, AND THEN THERE'S CONSTANTINE WIRE ON THE BACKSIDE TOO, ON TOP OF THE BUILDING. YES, SIR. YOU PUT THAT UP AS WELL? YEAH, THE, THE, WHEN WE FIRST MOVED INTO THE BUILDING, THERE WERE THERE BLANKETS OVER THE FENCE THAT WAS ALREADY THERE. UH, PEOPLE HAD CRAWLED UP TO THE TOP AND IT POKED HOLES THROUGH THE ROOF. THAT BACK ALLEY BACK ALLEYWAY IS SO BUSY, THERE'S, SO THEY, THEY USE IT AS A DRIVEWAY, MEAN MEANING THE NEIGHBORS, THEY USE IT AS A, AS A DRIVE. SO WHEN THEY PARKED THEIR VEHICLES THERE, MAYBE THAT'S HOW THEY GOT UP. I'M NOT SURE. BUT I MEAN, THERE'S A LOT OF ACTIVITY IN THAT AREA AND THAT'S WHY IT WAS JUST LIKE, MAN, I THINK ABOUT, I THINK ABOUT THE PEOPLE WHO HAVE ALREADY GONE THROUGH THERE. PLUS PREVIOUS OWNER, THE PREVIOUS OWNER THAT I TALKED TO, TALKED ABOUT HOW MANY PEOPLE GAIN ACCESS THROUGH GOING OVER THE TOP OF THAT, THAT BUILDING IN THE BACK. YEAH, I GUESS , WELL, I JUST, THE VISION OF, YOU KNOW, OUR CITY BECOMING FILLED WITH BARBED WIRE AND CONSTANT WIRE IN ON MAJOR STREETS IS JUST SCARY. AND, YOU KNOW, I GUESS ALARMING A LITTLE BIT. SO JUST TRYING TO FIGURE OUT IF THAT'S HOW WE MANAGE THAT OR DEAL WITH THAT, IF THAT'S THE RIGHT WAY TO DEAL WITH THAT. SO, UH, PLEASE LET THE RECORD SHOW COMMISSIONER KAPLAN LEFT AT FIVE 15, STEPPED OUT AT FIVE 15 AND SHE'S ON THE WAY BACK IN. SO DID YOU HAVE THE 5 16 1 NOTE DISPLAYED? SO, SO I CAN THAT ONE. OH, I'M SORRY. LOOKING ON THE SCREEN HERE, , CAN, CAN YOU, CAN YOU PUT IT ON, CAN YOU PUT IT ON THE MONITORS TOO? I DUNNO IF THAT'S POSSIBLE. ARE YOU ABLE TO PUT IT ON THE MONITOR AND THEN ALSO, YOU KNOW, I GUESS THERE WE GO. AND THE QUESTION I HAVE FOR THAT ALSO IS THAT, UM, IT'S ON PROPERTY THAT ABUTS A RESIDENTIAL PROPERTY. SO ARE YOU ABLE TO DO THAT ON A RESIDENTIAL PROPERTY IF THEY DIDN'T, YOU KNOW, WEIGH INTO THAT? YEAH, I WOULD THINK THAT IF I WAS A NEIGHBOR, I WOULD HAVE A SAY IN THAT, YOU KNOW, AT LEAST ON THAT SHARED PROPERTY LINE, THE, THE, THE CITY HAS THE, IS ADMINISTRATIVE EXCEPTION. THEY, THEY CAN TAKE INTO CONSIDERATION WHAT THEY WANT, BUT THEY HAVE APPROVED BARBED WIRE, BUT WE HAVE TO APPROVE THE HEIGHT, SEE THE POLICE . ALL RIGHT. IS THERE ANY OTHER QUESTIONS? COMMISSIONER MINTA? YES. UM, YOU SAID THAT THE FRONT FENCE ALREADY EXISTED, RIGHT? NO, SIR. THE FRONT FENCE DID NOT EXIST. WHAT I'M SEEING IN GOOGLE IS LIKE AN EIGHT FOOT FENCE ALREADY. YES, SIR. OKAY. SO THAT'S WHAT WE'RE DISCUSSING HERE TO KEEP THAT FENCE. UH, YES, SIR. I, I THINK THE UNDERSTANDING WAS THAT THE, THIS IS WHAT I UNDERSTAND, UM, THAT THE FENCE WAS OKAY. THE, THE MAJOR THING WAS IN FRONT OF THE OFFICE WHERE THAT LITTLE PATCH OF GREEN GRASSES, UH, ON THAT ONE DIAGRAM THAT THEY'RE SAYING, IF WE KEPT IT WITHOUT GOING INTO THAT FRONT AREA, THAT WE WERE OKAY THAT, THAT WE WERE HERE TO DISCUSS THAT WHOLE FRONT AREA THAT WHERE THE GRASS IS ON THAT BOTTOM LEFT, THAT THAT WAS THE AREA THAT WAS CON A CONCERNED AS FAR AS FENCING IT IN. WELL, YOUR ADDRESS IS OFF OF HILDEBRAND, SIR. SO WOULD THE YES, SIR. THE FRONT WOULD BE THE ENTIRE RUN ALONG HILDEBRAND, RIGHT? CORRECT. YEAH. AND THE REASON I ASK THAT IS BECAUSE, UH, DOWN THE STREET ABOUT THREE BLOCKS, THERE'S A NURSERY WITH A FIVE FOOT FENCE WITH BARBED WIRE ALSO ON IT. YES, SIR. AND IT WAS KIND OF, UH, HARD FOR ME TO, UH, I UNDERSTAND THE ISSUE OF THE HOMELESS IS JUMPING OVER, BUT JUMPING OVER A FIVE FOOT FENCE WITH BARBED WIRE ON IT, AND NOW YOU'D THINK YOU NEED [04:05:01] EIGHT FEET FENCE WITH MORE BARBED WIRE ON IT. AND THAT'S WHY I'M ASKING. YES, SIR. AND I UNDERSTOOD THAT, AND THAT'S WHY IT'S KIND OF COMING HERE AND AFTER EXPERIENCING WHAT PEOPLE ARE TALKING ABOUT AND THE CONCERNS THAT YOU GUYS HAVE, I REALIZED THAT I PROBABLY, I, I HADN'T, I DID NOT PREPARE PROPERLY. I SHOULD HAVE BROUGHT POLICE REPORTS. I SHOULD HAVE BROUGHT THESE DINGS THAT WOULD SHOW THAT A, A FIVE FOOT FENCE, ESPECIALLY WITH OUR BUILDING RIGHT DOWN THE ROAD, 1117. I SAID WE'VE BEEN OUT OF THAT SINCE 97, 98, AND THEY'RE JUST SO MANY INCIDENTS OF THEM JUMPING OUR FENCES AND THEY'RE FIVE FOOT FENCES. THEY DON'T, IT JUST ISN'T ENOUGH OF A DETERRENT, UM, IN THE EXPERIENCE THAT I HAVE ALONG WITH NOT JUST WORK IN THE AREA, BUT ALSO OWNING A BUILDING THAT WE'VE WORKED OUT OF SINCE, SINCE THEN, LATE NINETIES. THANK YOU, SIR. MR. CHAIRMAN? YES, COMMISSIONER. I'D LIKE TO MAKE A COMMENT. UH, YEAH, I'M AGAINST, THE AFOOT FENCE WAS BURIED, BUT I KNOW THE AREA THERE AND I KNOW CAMP CITY THERE AND, UH, THE COUNCILMAN FROM THAT AREA CONSTANTLY DOING THE, THE SWEEPS, BUT, YOU KNOW, MENTALLY OR WHATEVER THAT THEY TAKE THE PEOPLE. SO, UM, I'M AGAINST THE FENCE, BUT HERE, YOU KNOW, I WOULD VOTE FOR IT, YOU KNOW, IN A HEARTBEAT AND, AND QUESTION FOR STAFF, SO WE CAN CLEAR THAT OUT HERE ON THE BOARD. OKAY. QUESTION FOR STAFF, IS THE BARBED WIRE COUNT TOWARDS THE FENCE HEIGHT OR IS THAT IN ADDITION TO A, A FENCE HEIGHT? THE BARBED WIRE WOULD COUNT TOWARDS IT. OKAY. SO IF IS, IS YOUR CHAIN LINK FENCE EIGHT FEET AND THEN YOU HAVE BARBED WIRE ON TOP? I DON'T EVEN KNOW THAT. I DUNNO. OKAY. JUST WONDERING. UH, COMMISSIONER SPIELMAN. YEAH, IT, IT REALLY IS A BAD LOOK THOUGH FOR THE, UH, STREET AS YOU GO DOWNHILL TO BRAND. THERE ARE NO OTHER EIGHT FOOT FENCES, ANYTHING CLOSE TO THAT. IT, IT REALLY STANDS OUT AS BEING COMPLETELY DIFFERENT. AND THERE'S SO MANY PLACES THERE ARE, YOU KNOW, USED CAR PLACES. THERE'S, UH, YOU KNOW, THE, THE NURSERY, THERE'S, UH, DOZENS OF RESTAURANTS AND, AND NOBODY NEEDS A, A, YOU KNOW, EIGHT FOOT FENCE FOR ANY OF THOSE. THEY, THEY'VE NEVER REQUESTED IT. SO, UH, WHAT IS THERE ABOUT YOUR BUSINESS THAT'S DIFFERENT THAN ALL THESE OTHER BUSINESSES THAT REQUIRES AN EIGHT FOOT FENCE WHEN THEY DON'T? I THINK, I THINK IT'S MAINLY BEING NEXT TO THE CHURCH BECAUSE THEY CAMP OUT THERE TO GET SERVICES. AND A LOT OF TIMES ON THE WEEKENDS THEY'LL, THEY'RE, I SAY THEY, AND I DON'T WANT IT TO SOUND WRONG. I DON'T WANT IT TO BE WRONG. IT'S JUST THAT PARTICULAR GROUP. THEY'RE, WHEN THEY'RE DESPERATE, THEY, ANYTHING THAT'S CLOSE BECAUSE THEY'RE WAITING. THAT'S WHAT ENDS UP BECOMING THE ISSUE. THERE'S AN ELECTRONICS PLACE THAT'S DOWN THE ROAD, AND I DON'T REMEMBER THE NAME OF IT. I THINK IT'S CALLED INTELLECT OR SOMETHING LIKE THAT. AND I REMEMBER SEEING THEIR FENCE, UH, THAT'S HIGH WITH BARBWIRE. UH, AND THEN THERE WAS ALSO ON A CAPITOL, I WANNA SAY IT'S 1205 CAPITOL, POSSIBLY THEY HAD THAT GOING ALONG THE FRONT SIDE OF THEIR BUILDING ALSO. YEAH. BUT THAT, THAT'S ALSO A, A COMMERCIAL AREA THAT'S OH, YEAH. AND I, YEAH, INDUSTRIAL, I'M NOT, I'M SAYING COMMERCIAL, BUT THAT'S AN INDUSTRIAL AREA. AND, AND YOU KNOW, YOU'D EXPECT A, A EIGHT FOOT FENCE IN A, A I UNDERSTAND. INDUSTRIAL AREA, NOT IN A RESIDENTIAL. OKAY. I DIDN'T, I DON'T, I DIDN'T MAKE THE DISTINCTION ONLY BECAUSE IT'S A BUILDING THAT I'M NOT A DEVELOPER OR ANYTHING LIKE THAT. SO THAT'S WHY I JUST, I ASSUME THAT IT WAS THE SAME, BUT I UNDERSTAND IT'S NOT THE SAME. CAN I MAKE A COMMENT? YES, YOU MAY. ON YOUR QUESTION. UM, WE ARE 24 HOUR RESPONSE. WE DO RESPOND TO EMERGENCIES AND THERE ARE A LOT OF TECHNICIANS. I'M A TECHNICIAN, SO I AM OUT THERE AT DARK. AND WITHOUT THAT BEING BEHIND THE, THE FENCE, BECAUSE EVEN COMING THROUGH THE FRONT DOOR, IF IT'S, IF THAT FENCE LINE RUNS ARO ALONG THE FRONT OF THE PROPERTY, I'M OUTSIDE. AND SOMETIMES I'M OUT THERE AT NINE O'CLOCK, 10 O'CLOCK, TWO O'CLOCK IN THE MORNING, AND I'M NOT THE ONLY ONE. THERE ARE A LOT OF, UH, TECHNICIANS, BUT THERE ARE SOME FEMALES AND WE'RE OUT THERE ALONE. SO THAT IS A BIG PART OF IT. OKAY. COMMISSIONER MINKA. UH, JUST ONE MORE. AND, UH, I'M NOT TRYING TO ADD ANY MORE EXPENSES TO YOUR THINGS. IT'S OKAY. BUT A PROPERTY LIKE THIS, THIS LARGE, AND LOOKING AT THE CHURCH NEXT DOOR, I WOULD ASSUME YOU WOULD PUT SOME FLOODLIGHTS ON IT OR SOME SENSORS OR SOMETHING LIKE THAT. I'M, I'M VERY CAREFUL WITH, UH, UPLIGHTING. UH, I DON'T WANT TO DISRUPT THE NEIGHBORHOOD, BOTHER ANY NEIGHBORS. I DID INSTALL CAMERAS AND ALL, BUT OF COURSE THAT'S AFTER THE FACT. IT DOCUMENTS IT, BUT IT DOESN'T STOP IT FROM HAPPENING. AND AGAIN, MY CONCERN IS I'VE, I'VE COME TO THE OFFICE BEFORE WE BOUGHT IT, AND THESE PEOPLE THAT ARE, THAT ARE CHOOSING TO CAMP OUT THERE WITHOUT THAT FENCE, THEY, THEY, UH, THEY, OUR CORNER'S JUST A, IT'S JUST A CORNER THAT ATTRACTS THAT TYPE OF SITUATION THAT IT'S JUST WHAT MAKES IT DIFFERENT? IT'S DIFFICULT. 'CAUSE AS WE SIT HERE AND WE LOOK AT THE PICTURES, I UNDERSTAND WHERE YOU GUYS ARE COMING FROM AND I GET IT, IT'S JUST EVERY DAY BEING THERE AND [04:10:01] SEEING THAT TRAFFIC AND, AND HAVING TO GET 'EM OFF THE PROPERTY AND STOPPING 'EM FROM WALKING IN. AND, AND I DON'T KNOW IF ANYONE ELSE HAS THOSE ISSUES, BUT WE'VE HAD IT HAPPEN AT 1117 WHERE MY WIFE WILL CALL ME AND SAY, SOMEBODY DIDN'T LOCK THE DOOR, AND THESE PEOPLE ARE COMING IN AND THEY'RE, HEY, DO YOU HAVE ANY MONEY? IS THERE ANYTHING I CAN, DO YOU HAVE ANY FOOD? IT'S JUST, IT'S THAT KIND OF AN ISSUE THERE. OKAY. UM, IF THERE'S NOTHING ELSE, I'D LIKE TO MOVE ON TO A MOTION FRAGMENT, A MR. BRAGMAN, REGARDING CASE NUMBER BO O A DASH 22 DASH 0 3 0 0 1 4 4. I MOVE TO THE BOARD OF ADJUSTMENT GRANITE REQUEST FOR A THREE FOOT SPECIAL EXCEPTION FROM THE FIVE FOOT MAXIMUM FENCE HEIGHT REQUIREMENT TO ALLOW EIGHT FOOT FENCE ALONG THE FRONT PROPERTY LINE, SITUATED AT 1 0 3 9 WEST HILDEBRAND AVENUE, APPLICANT BEING AUDREY TRINIDAD. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY, SUCH THE LITERAL ENFORCEMENT OF THE REVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED, WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXEMPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE U D C STATES, THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR FENCE HEIGHT MODIFICATION. THE FENCE BEING REQUESTED IS AN EIGHT FOOT WOOD FENCE ALONG THE FRONT OF THE PROPERTY LINE. IF GRANTED, STAFF FINDS THE REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE B, THAT PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THESE CRITERIA ARE REPRESENTED BY FENCE HEIGHTS TO PROTECT, TO PROTECT COMMERCIAL PROPERTY OWNERS, PRIVACY AND SECURITY, WHILE STILL PROMOTING A SENSE OF COMMUNITY. AN EIGHT FOOT TALL FENCE ALONG THE FRONT PORTION OF THE YARD DOES NOT POSE ANY ADVERSE EFFECTS TO THE PUBLIC WELFARE. SEE, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE FENCE WILL CREATE ENHANCED PRIVACY FOR THE SUBJECT PROPERTY ON FRONT YARD AND IS UNLIKELY TO SUBSTANTIALLY INJURE ANY NEIGHBORING PROPERTIES. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE ADDITIONAL FENCE HEIGHT FOR FRONT YARD WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THE REQUEST FOR ADDITIONAL FENCE SITE IS DUE TO, DUE TO PRIVACY AND SECURITY 'CAUSE OF THE HIGH VOLUME OF TRAFFIC ALONG WEST HILDEBRAND AVENUE E. THE SPECIAL EXCEPTION WILL NOT WEAK ON THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. THE CURRENT ZONING PERMITS, THE CURRENT USE OF COMMERCIAL USES, THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. END OF MOTION. I'LL GO AHEAD AND SECOND IT. , COMMISSIONER BRAGMAN, UM, I'M GONNA BE IN SUPPORT OF THIS MOTION BECAUSE, UM, I CERTAINLY UNDERSTAND AND, UM, ESPECIALLY THE SAFETY ISSUES SITS AS A 24 HOUR BUSINESS AND TECHNICIANS COMING IN AND OUT OF, OF THE BUSINESS. YOU WANNA BE ABLE TO FEEL SAFE WHEN YOU'RE GOING IN AND OUT, ESPECIALLY, YOU KNOW, ONE O'CLOCK, TWO O'CLOCK IN THE MORNING, WHENEVER IT IS. YOU WANNA MAKE SURE THAT YOU FEEL SAFE. AND IF THIS ADDS TO A SENSE OF SECURITY AND SAFETY FOR THE, THE BUSINESS I'M IN SUPPORT. I ALSO ACKNOWLEDGE THE FACT THAT THE CHURCH IS NEXT DOOR AND THAT, THAT THEY, SINCE THEY ARE PROVIDING SERVICES TO HOMELESS, THAT THERE'S A SPILLOVER INTO SURROUNDING AREAS. SO I'LL BE IN SUPPORT OF THE MOTION. ALL RIGHT. I'LL ALSO BE IN SUPPORT. UH, I LIKE THE FACT THAT IT'S OPEN. IT CAN, IT CAN SEE THROUGH IT, SO YOU'RE NOT GOING TO, NO ONE'S GONNA GET SURPRISED IF SOMEONE'S BACKING OUT OR TRYING TO GET IN. UH, I ALSO THINK IT IS GOOD FOR SECURITY FOR A 24 HOUR BUSINESS. I ALSO LIKE TO KNOW THAT THERE'S C THREE ACROSS THE STREET ON HILDEBRAND C TWO, UH, UP AND DOWN HILLEBRAND WITH THIS ONE LOAN R FOUR, A BUDDING NEXT DOOR. SO, I MEAN, I THINK IT IS PREDOMINANTLY COMMERCIAL, SO I TAKE NO ISSUE WITH IT. UH, ANY OTHER COMMISSIONERS LIKE TO ADD, UH, MR. CHAIRMAN, COMMISSIONER ZUNIGA? UH, IT JUST HIT ME THAT WHILE AGO WHEN I TALKED TO THE, OUR LEGAL ON IT OR THAT I'VE USED THE SERVICES OF THOSE PEOPLE ALREADY TWICE. AND, UH, YOU KNOW, I'M NOT GOING VOTE, BUT I MEAN, THE ATTORNEY LEGAL SAID I COULD, BUT SHOULDN'T I, I SHOULDN'T YOU LEAVE THE ROOM AND FILL OUT A FOR UNTIL ? I SHOULD HAVE LEFT THE ROOM, BUT I DIDN'T DRINK A TIMET STILL NOW. DAMN. THEY CHARGE LEGAL. DOES HE NEED TO LEAVE THE ROOM AS A RECUSAL AND FILL OUT THE FORM OR CAN HE JUST NOT VOTE? HE, HE CAN JUST NOT, I MEAN, HE'S ESSENTIALLY JUST A CUSTOMER USING A, A SERVICE. SO THERE'S, WE DON'T, THERE'S PROBABLY NO, NO, NO REAL. OKAY. BUT IT'S UP TO HIM. ALL RIGHT. SO, OKAY, , SO IS THERE, [04:15:01] IS THERE ANY, ANY COMMERCIALS LIKE TO ADD MANNA, COMMISSIONER MANNA? SO, YEAH, UH, AGAIN, I'M STILL, I'M STRUGGLING WITH THE, WITH THE CHAIN OR WITH THE, UH, BARBED WIRE HERE. UM, AND THEN ALSO, YOU KNOW, ON THE SIDE PROPERTY THERE, YOU, SO WE'RE TALKING ABOUT DIALOGUE, I GUESS, AROUND THE SIDE PROPERTY AND THE HEIGHTS THERE. UM, YOU KNOW, I DO QUESTION, IT DOES LOOK LIKE ON THE, ON GOOGLE MAPS THAT IT DOES SHOW THAT THE BARBED WIRE IS LEANING OUT AND I GUESS IS THAT LEANING OUT ONTO THE PROPERTY NEXT DOOR, SO, OKAY. 'CAUSE BECAUSE NOW YOU'RE ENCROACHING ON SOMEONE ELSE'S PROPERTY WITH BARBED WIRE, AND I THINK, YOU KNOW, THAT'S PROBABLY NOT APPROPRIATE. UM, YOU KNOW, SO THAT MAY NEED TO BE, YOU KNOW, STRAIGHTENED OUT THERE. SO, YOU KNOW, SO, UM, YOU KNOW, I GUESS WHERE I'M GOING IS, YOU KNOW, WE'RE ONLY DEALING WITH THE HEIGHT. I KNOW WE'RE ONLY DEALING WITH THE HEIGHT, BUT THE HEIGHT IS, YOU KNOW, SO, BUT THE HEIGHT IS IN THE NEXT DOOR NEIGHBOR'S YARD. AND SO, WELL, IT'S, BUT IT'S ONLY ALSO IN THE FRONTAGE AND SIDE. SO WE'RE NOT VOTING ON ANY OF THE, ANY OF THE RED ON THE RIGHT. NO, IT WAS ADVERTISED FOR FRONT ONLY, BUT THE FRONT IS, UH, GOES AGAINST THE PERSON'S, YOU KNOW. SO THE FRONT WOULD BE THE, THE CLEAR COST OF FRONT OF THE PROPERTY TO THE SIDE, WHICH IS ACTUALLY PART OF THE PART THAT IS IN THE NEIGHBOR'S YARD. YEAH. IT WOULD EXTEND UP UNTIL IT HITS THE PLANE OF THAT FIRST STRUCTURE, CORRECT? CORRECT. OKAY. AND SO THAT'S WHAT I'M SAYING. SO IT WOULD BE, IT WOULD INCLUDE PART OF THE NEIGHBOR'S PART WHERE IT IS FOUR FOOT HEIGHT OR EIGHT FOOT HALL TALL THERE AND LEANING OVER IN THE NEIGHBOR'S YARDS. I'D JUST LIKE TO ADD THAT THE APPLICANT IS GONNA HAVE TO DEAL WITH, UH, CO COMPLIANCE, BECAUSE WE JUST HEARD THAT THE BARBED WIRE IS PART OF THE EIGHT FOOT HEIGHT, SO THEY'RE GONNA HAVE TO WORK THAT OUT WITH THE INSPECTOR. AND THEN IF THE BARBED WIRE EXTENDS INTO THE NEIGHBORING PROPERTY, WOULD THEY, WAS THAT SOMETHING THAT THE CITY, SO, UM, I THINK GOTTA CLEAR THAT UP. SO THE DEFINITION IN THE BARBED WIRE, SHOULD THE UPPER MIDDLE STRAND OF BARBED WIRE NOT BE MORE THAN 18 INCHES HIGHER THAN THE TOP OF THE FENCE AND NOT OVER 10 FEET FROM THE GROUND, THE STRANDS OF BARBED WIRE SHALL NOT BE CONSIDERED IN DETERMINING FENCE HEIGHT RESTRICTION. OKAY. SO THEN THOUGH, HOW ONLY HAVE TO DEAL WITH WHETHER OR NOT IT EXTENDS PAST THE PLANE OF THE PROPERTY LINE? CORRECT. OKAY. OKAY. SO WHAT I THINK I JUST HEARD IS THAT THE CHAIN LINK IS EIGHT FOOT AND THEN YOU GET ANOTHER 18 INCHES ON TOP OF THAT FOR BARBED WIRE? YES. OKAY. UM, THAT, YEAH, NO. OKAY. OKAY. WITH AN ADMINISTRATIVE VARIANCE, YOU, YOU DO THAT. BUT YOU GUYS, I MAY HAVE THAT, YOU GUYS, YOUR PURVIEW IS JUST THE HEIGHT. YEAH. SO WITH THAT, UH, THEN NOTHING ELSE. LET'S HAVE A ROLL CALL VOTE. MS. BRAGMAN. I CONCUR. MS. DORIAN? YES, MR. SPIELMAN? I DO NOT CONCUR. MR. ALBERT. I CONCUR. MR. MANCHACA CONCUR. MR. ZIKA NO VOTE. MS. CRUZ. I CONCUR. I CONCUR. MR. MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR. MR. THIEL? YES, I CONCUR. ALL RIGHT. MOTION FAILS. SEVEN TO TWO WITH ONE. UH, ABSTAIN. IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF, UM, IF THERE'S ANY, YOU KNOW, JUST SO YOU KNOW, IF THERE'S ANY CHANGES YOU MIGHT WANT TO APPLY FOR THE SIDE. AND, AND THERE'S A, THERE'S A WAY TO, TO FOR US TO, UH, TO VOTE TO ALLOW THIS TO BE RECONSIDERED. IF YOU HAVE ANYTHING BASED ON WHAT YOU HEARD TODAY THAT YOU COULD POSSIBLY, UH, ADJUST TO MAKE CERTAIN COM CERTAIN, UH, CHANGES TO MAKE THE BOARD MAYBE SEE IT YOUR WAY, JUST GET WITH STAFF, THEY'LL, THEY'LL TALK YOU THROUGH IT. ALL RIGHT, NEXT ITEM ON THE AGENDA IS 16. SO, REAL QUICKLY, REAL QUICKLY, I JUST WANNA THANK YOU GUYS. IT DOESN'T MATTER WHICH WAY IT GOES. UM, IT'S COOL THAT YOU GUYS GET INVOLVED LIKE THIS. UH, KUDOS. YES, SIR. THANK YOU. SO ITEM 16, I, I MADE A REQUEST TO, TO HAVE THIS ON THE AGENDA BECAUSE WE HAD THREE HOLIDAYS THIS SUMMER. SO WE'RE, WE'RE BEHIND CLOSE TO 30 CASES AND WE, YOU CAN SEE WHAT HAPPENED TODAY. THERE WAS AN AN, AN INCREASE, BUT FROM NOW UNTIL THE END OF THE YEAR, WE'LL PROBABLY HAVE TO HAVE FOR US TO CATCH UP A GOOD 15 OR 16, UH, PER, PER DAY. AND MY CONCERN WAS IS THAT OUR MEETING IN, UH, WE HAVE A MEETING IN NOVEMBER THAT FALLS ON THANKSGIVING WEEK. WE HAVE A MEETING ON CHRISTMAS THAT FALLS ON CHRISTMAS WEEK. AND I JUST WANTED TO MAKE SURE THAT, YOU KNOW, THESE ARE THE, THE COMMISSIONERS THAT ARE HERE TODAY ARE PRETTY MUCH THE ONES THAT I SEE REGULARLY AT ALL THE MEETINGS. AND, YOU KNOW, IF I WANTED TO GET A SENSE OF WHAT YOU GUYS WOULD RATHER HAVE LONGER MEETINGS OR AN ADDITIONAL MEETING AND ADDITIONAL MEETING, OKAY. AND, AND OF COURSE WE HAVE TO MAKE SURE STAFF HAS THIS ROOM AVAILABLE AND IT MEETS WITH THEIR SCHEDULE. THERE'S A LOT OF LITTLE COGS AND WHEELS THAT HAVE TO HAPPEN. SO LET'S HEAR [04:20:01] FROM , MS. FLORES. . ALRIGHT, SO JUST TO GIVE YOU A LITTLE BIT OF BACKGROUND, UM, THE WHEELS BASICALLY FELL OFF OF THE TRAIN AROUND JUNE. THAT'S LITERALLY WHEN IT HAPPENED. UM, YOU DIDN'T HAVE A MEETING FOR JUNETEENTH, THEN YOU DIDN'T HAVE A MEETING FOR 4TH OF JULY AND THEN AGAIN FOR LABOR DAY. SO THAT'S THREE MEETINGS THAT WERE MISSED. AND SO FAR TO DATE, NOT INCLUDING THE MONTH OF SEPTEMBER, UM, THERE ARE 259 BOARD OF ADJUSTMENT CASES IN THE QUEUE. I, BUT YOU HAVE ALREADY HEARD OH, OKAY. THOSE, OKAY. BUT THOSE, THAT'S YOUR TOTAL TO DATE. OKAY. UH, WELL NOT TO DATE, BUT TILL TO AUGUST, UM, ON AVERAGE YOU HAVE MAYBE EVERY, NOW YOUR HIGHEST HAS BEEN THREE CONTINUANCES, BUT IN GENERAL YOU DON'T CONTINUE CASES. SO THAT'S A, THAT'S A DEFINITELY, UH, AN ADVANTAGE FOR US. AND THEN, UM, AS FAR AS I WAS TAKING, UH, THE TIMES OF YOUR CONSIDERATIONS TODAY ON EACH OF THE CASES, AND ANYONE WANNA TAKE A GUESS AS TO WHICH ONE TOOK THE LONGEST? WHICH CASE? MM-HMM. , THE FIRST ONE? NO. OH, IT WAS THE THREE STORY DISCUSSION. OKAY. THAT ONE TOOK YOU A TOTAL OF 44 MINUTES, BUT ON AVERAGE, MOST OF THEM WERE ANYWHERE FROM, OOH, SOMEWHERE AS, AS LITTLE AS EIGHT MINUTES. AND OTHERS, UM, THAT ONE WAS AS HIGH AS 44 MINUTES, BUT ON AVERAGE ABOUT 20, 20 TO 30 MINUTES PER CASE. SO IN ORDER TO ADDRESS THE BACKLOG, WE HAVE BEEN TASKED WITH, AND, AND, UH, DONALD HAS SPOKEN TO ME ABOUT THIS, UH, ABOUT ADDING POTENTIAL OTHER MEETING DATES TO THE, UM, BOARD OF ADJUSTMENT CALENDAR. AND SO WE ARE LOOKING AT, IF YOU WANNA JOT THESE DOWN, AND WE, WE WILL ALSO SEND THESE TO YOU VIA EMAIL. UH, BUT WE'LL NEED SOME DIRECTION FROM YOU AS TO WHETHER WE WANNA GO AHEAD AND APPROVE ALL OF THESE DATES OR IF YOU WANNA ONLY APPROVE CERTAIN ONES. MY, UM, THOUGHTS ON IT ARE, EVEN IF YOU HAVE THE EXTRA DATES, DOESN'T MEAN YOU HAVE TO HAVE THOSE EXTRA DATES. IT JUST MEANS THEY'RE THERE IF WE NEED THEM. UM, SO OCTOBER 24TH IS ONE OF THE DATES. SO THAT WOULD GIVE YOU THREE MEETINGS IN THE MONTH OF OCTOBER, UM, NOVEMBER THE 28TH, WHICH IS AFTER THANKSGIVING. IT'S THE MONDAY AFTER THANKSGIVING AND DECEMBER THE 12TH, OCTOBER 24TH, NOVEMBER 28TH, AND DECEMBER THE 12TH. AND JUST F Y I FROM, UM, THIS POINT FORWARD IN ORDER TO, YOU KNOW, ADDRESS THESE PEOPLE WHO HAVE BEEN PATIENTLY WAITING IN THE QUEUE, UM, WE WILL BE PUTTING ANYWHERE FROM 14 TO 15 CASES ON EVERY SINGLE AGENDA HERE ON OUT. UM, JUST TO GIVE YOU AN EXAMPLE, THERE WAS THE WOMAN WHO WAS HERE SPEAKING ABOUT THE THREE STORY, UM, THAT SHE NEEDED THE THIRD STORY ON, I THINK IT WAS ELMIRA. SHE SUBMITTED HER PAPERWORK IN JUNE AND SHE'S BEEN WAITING ALL THESE MONTHS TO GET HEARD HISTORICALLY. UM, I I WAS UNDER THE IMPRESSION IT TOOK TWO MONTHS MM-HMM. FROM THE DAY YOU APPLY THAT'S CORRECT. TO POTENTIALLY GET HEARD BY THE B O A. AND, UM, I HAD, UH, I'M HEARING NOW IT'S FOUR MONTHS. IS THAT WHERE WE'RE AT? YES. IT'S, IT'S BEEN UP TO ABOUT FOUR MONTHS. SO WE'RE TRYING TO GET YOU BACK ON TRACK, UM, BY ADDING AT LEAST ONE DATE WE CAN DO THAT. AND THEN BY OF COURSE, INCREASING THE NUMBER OF CASES PER MEETING, WE'RE ABLE TO DO THAT AS WELL. DO YOU DO, DO YOU ALL HISTORICALLY SEE AN INCREASE AS THE YEAR GETS TOWARDS THE END OF THE YEAR OR MOST OF THE CASES APPLIED FOR THE BEGINNING OF THE YEAR? IT ACTUALLY DROPS OFF TOWARDS THE END OF THE YEAR, BUT YOUR HEAVIEST CYCLES, IT LOOKS LIKE WERE MARCH, APRIL, AND MAY. OKAY. YOU GOT LIKE 32 IN MARCH. I, PART OF THIS IS, IS THAT, YOU KNOW, NEXT YEAR WE'RE GONNA BE HIT BY THE THREE, THOSE HOLIDAYS ALIGN THE SAME. SO WE'RE, WE'RE NOT, BECAUSE WE'VE, WE'RE ALREADY PLANNING AHEAD FOR THAT. OH, OKAY. SO WE'RE GONNA MAKE SURE THAT THOSE DATES GET YEAH. AND, AND, AND I KNOW THIS IS AN UNDERTAKING FOR STAFF TOO. YOU CAN'T JUST MAGICALLY PICK A DATE AND HAVE THIS ROOM RESERVED AND HAVE YOUR TIME ALLOCATION AND RESOURCES. SO I MEAN, I IS THIS IS, THIS IS IS HAVING ONE DAY JUST ONE SOMETHING THAT IS NOT TOO OFF-PUTTING FOR STAFF. I MEAN, IS WE, WE SHOULD BE ABLE TO, WE HAVE, UH, THE GUIDANCE AND DIRECTION OF OUR EXECUTIVE LEADERSHIP AND THEY'RE, THEY'LL WORK WITH US ON WHATEVER WE NEED TO DO. OKAY. GET THIS DONE. AND FOR THE REST OF THE BOARD, DO ANY OF Y'ALL FEEL LIKE YOU'RE GONNA HAVE ANY TIME CONSTRAINTS ON THE, ON THE CURRENT DAYS THAT WE HAVE? I MEAN, I JUST FEEL LIKE IF IT'S DURING A HOLIDAY WEEK, UH, I HAVE A SENSE THAT, YOU KNOW, PEOPLE HAVE MORE THINGS GOING ON AND MAYBE IT'S TOUGHER TO STAY LATER OR POTENTIALLY STAY LATER. AND SO I JUST WANTED TO HEAR YOUR THOUGHTS ON THAT AND SEE, YOU KNOW, JUST DO WE HAVE THE ABILITY TO MOVE THE MEETING UP AN HOUR? WE DO, WE DO HAVE THE ABILITY TO MOVE THE MEETING UP AN HOUR. THAT IS ALSO A CONSIDERATION. HOWEVER, I MEAN, IT IT, THE IMPORTANT PART, AND WE GOTTA REMEMBER THIS, [04:25:01] IS WE HAVE TO HAVE A QUORUM. WE HAVE TO HAVE A QUORUM. MY REASON BEING IS, YOU KNOW, RIGHT NOW WE GET OUT, THIS IS NOT AN OPTIMAL TIME FOR ANYONE TO HEAD ANY DIRECTION IN THIS CITY KNOW, RIGHT, RIGHT. NOW, AT THIS TIME OF DAY, NORMALLY I WOULD, I, YOU KNOW, MARK BLOCK OUT THIS WHOLE DAY ON MY CALENDAR, YOU KNOW, SO COMING IN EARLIER WOULDN'T BE ANY MORE DIFFICULT FOR ME AND WOULD ALLEVIATE, I ASSUME MOST OF Y'ALL LIVE ON THE NORTH SIDE, YOU KNOW, A LOT OF YOUR TRAFFIC WOES ON THE WAY HOME. IF WE WERE TO BE ABLE TO MEET EARLIER AND GET OUT EARLIER, YOU KNOW, WE HAD, YEAH, WE HAD 15 CASES, BUT ONE WAS DRAWN, ONE WAS POSTPONED. SO WE REALLY HEARD 13 CASES AND THAT GOT US CLOSE TO FIVE 30. UH, YOU KNOW, AND I THINK THAT, UM, I KNOW IF WE ALL REALLY DIG IN, WE CAN PROBABLY GET DONE BEFORE FIVE. I KNOW WE'VE DONE IT BEFORE, BUT, UM, AGAIN, MY ONLY FEAR IS, IS THAT, YOU KNOW, WE HAD COMMISSIONER ZUNA HAD A HARD TIME, HE HAD TO LEAVE TODAY. I DIDN'T KNOW IF ANYONE ELSE HAS ANYTHING COMING UP TO WHERE, YOU KNOW, WE'RE NOT GONNA BE ABLE TO MEET AFTER A CERTAIN TIME OR IF COMING IN TOO EARLY IS GOING TO BE AN ISSUE. EXACTLY. UM, I I, I JUST, UH, I'M JUST PUTTING THAT OUT THERE. I JUST THINK ONE EXTRA DAY WOULD, AND JUST WANTED TO CLARIFY. SO IF, SO DID YOU STATE THAT IF WE STILL DO THE ONE EXTRA DAY, WE'RE STILL GONNA BE HEARING 15 PER I MEAN THAT'S HOW BUSY IT IS. THAT'S CORRECT. SO, SO I WOULD SAY ABSOLUTELY. WE HAVE TO ADD ANOTHER ONE. 'CAUSE OTHERWISE WE'RE GONNA GO TO 16 OR 17 A DAY. SO DO YOU WANT TO DO, UM, I THINK THE 28TH IS THE ONLY ONE I'M TOUGH ON BECAUSE IF, IF THANKSGIVING IS, AND HISTORICALLY WHEN, WELL, WELL, LET ME ASK YOU THIS. UH, WELL, WHEN DOES THE CITY CLOSE? ARE THEY GONNA DO A HOLIDAY CLOSING OR WE ARE DOING A HOLIDAY CLOSING, BUT WE'RE TAKING ALL OF THAT INTO CONSIDERATION AS WE'RE PROPOSING THESE DATES. OKAY. UH, AND WE SHOULD HAVE DONE THAT PROPOSAL ALREADY FOR THE DATES THAT WE ALREADY MISSED TO, TO ACCOMMODATE FOR THIS BACKLOG. SO WE HAVE CUSTOMERS WAITING, UH, RESIDENTS WAITING. WE'RE TRYING TO GET, UH, PERMITS RESOLVED SO THAT, THAT'S THE URGENCY HERE. UM, IF WE NEED TO FEED YOU, THAT'S NOT A PROBLEM. IF YOU WANNA COME IN EARLIER, WE CAN DO THAT FEED YOU AND THEN BRING YOU INTO THIS MEETING SO YOU'RE NOT HANGRY BEFORE THE END OF THE DAY. UM, YOU KNOW, THOSE ARE ALL OPTIONS. BUT YES, 15 CASES ON THE AGENDA IS WHAT WE ARE AIMING FOR. AND WE ARE ASKING TO ADD ADDITIONAL THREE MORE MEETINGS TO THE AGENDA OR TO THE TIMELINE, UH, TO ACCOMMODATE FOR THIS BACKLOG. BUT THAT WON'T BE FOREVER. SO IF, IF WE NEED TO, IF WE CATCH UP AND WE DON'T NEED THAT LAST THIRD MEETING, WE CAN ALWAYS ELIMINATE IT, BUT AT LEAST IT'S ON THE CALENDAR AS OKAY. AND THEN WE CAN, WE CAN NOT HAVE IT IF WE DON'T NEED TO. WELL, I TAKE NO ISSUE WITH, UH, WHAT, WITH THE THREE DATES, DOES ANYBODY HERE HAVE ANY ISSUE THEY WANNA BRING UP? I'M FINE WITH THE, WITH THE DATES. WELL, THE ONLY ONE I HAVE A QUESTION ON IS IN DEC ON THE NOVEMBER THE 11TH, 28TH, COULD THERE BE AN OPTION FOR ANOTHER DAY BESIDES MONDAY WHERE THE PEOPLE DRIVE BACK AND WE HAVE A TUESDAY? THAT'S THE ONLY ONE I HAVE A QUESTION WITH. SINCE WE'RE TALKING ABOUT OPTIONS. YOU MEAN IN CASE THEY'RE GOING OUT OF TOWN AND COME DRIVING BACK IN ON MONDAY? THAT'S, YOU KNOW, I WOULDN'T HAVE A PROBLEM COMING EARLY. YOU KNOW, OUR DAY IS SHUT ON MY PART OF TOWN HERE. MY DAY IS SHUT ONCE I COME AND WAIT AND WAIT TO COME AT ONE O'CLOCK. AND I'VE BEEN DOING THIS FOR 15, 16 YEARS. BUT, SO THE THING IS THAT I, I WOULD RATHER HAVE IT IN THE MORNING THAN THAT. SO I KNOW A QUORUM, IT'S HARD TO GET, BUT IT'S HARDER BECAUSE YOUR DAY IS SHOT AND MAYBE YOU'RE DOING SOME BUSINESS. WELL, I AND YOU CAN'T COME, I, I, I, I, I, UH, WOULDN'T BE OPPOSED TO COMING IN AT 1230. BUT THE TRUTH IS, WHEN I SHOW UP HERE AT ONE O'CLOCK AND I KNOW THAT I DON'T WANT TO BE HERE PAST FIVE 30, IT'S A MOTIVATOR FOR ME TO REALLY KIND STAY ON TRACK. AND SO THAT'S ALL. ANOTHER, ANOTHER OPTION I CAN THINK OF IS JUST TO COUPLE INSTEAD OF THREE DAYS, MAYBE ONE DAY, A FULL DAY, EAT US LUNCH, START NINE, NO . AWESOME. NO MOTION. DON'T, WE'VE TAKEN A LOT INTO CONSIDERATION. 'CAUSE UH, LIKE CHRISTIE MENTIONED, UH, THIS ROOM IS NOT AVAILABLE ALL THE TIME. THERE'S A BOARD MEETING ALMOST EVERY DAY THAT GOES ON EVERY OTHER WEEK IN HERE. SO WE WE'RE TRYING TO ACCOMMODATE EVERYONE'S SCHEDULES, . UM, BUT YES, FEEDING YOU IS AN OPTION. IF YOU WANT TO COME IN THAT EARLY, WE CAN DO THAT. I THINK THAT IF WE ALL, IF WE ALL, UH, REALLY GO THROUGH THE AGENDA AND, AND SHOW UP READY TO ROLL, WE'LL, WE'LL GET THROUGH THESE PRETTY QUICK . YEAH. I JUST DON'T THINK THAT ADDING EXTRA TIME ONTO A DAY IS GONNA MAKE UP FOR, UM, 15 HOURS WORTH THAT YOU'RE PROPOSING. I MEAN, IF YOU'RE LOOKING AT, YOU KNOW, THREE ADDITIONAL DAYS, THAT'S FIVE HOURS A DAY, AT LEAST THAT'S 15 HOURS. I DON'T THINK COMING IN A COUPLE EXTRA HOURS IS GONNA MAKE ENOUGH DIFFERENCE TO CLEAR UP THE BACKLOGS. I REALLY THINK IT NEEDS TO BE THE ADDITIONAL DAYS. YEAH. SO LET'S, SO ANYONE [04:30:01] LIKE TO MAKE A MOTION TO ADD OCTOBER 24TH, NOVEMBER 28TH AND DECEMBER 12TH? WELL, I HAD A QUESTION. YES. FIRST, ACTUALLY, UM, MR. ALBERT, DO ALL THREE SCENARIOS, UH, PUT BEFORE US TAKE BEST CARE OF THE APPLICANT? IS THERE ONE THAT'S BETTER FOR THE APPLICANTS OR ANY OF THEM WILL WORK BEST? OH, NO, ALL OF THOSE ARE, ARE GREAT. YEAH. AND ANYONE THAT WE'RE ABLE TO ACTUALLY FULFILL THE EXTRA DATES, THAT, THAT'LL BE WONDERFUL. AND IT'LL GET US UP TO SPEED. WE'VE ALREADY DONE THE FIGURES ON IT, AND SO WE'RE HOPING BY THE DECEMBER 5TH MEETING BASED ON THE CASELOAD THAT YOU'LL BE BACK ON TRACK. OKAY. IT SOUNDS LIKE WE NEED TO DO AS WE CAN. YEAH. AND, AND MY SUGGESTION IS IF YOU DON'T WANT THE MONDAY OF NOVEMBER THE 28TH, SAY BOTH DATES NOVEMBER 28TH AND THE 29TH, AND I CAN CHECK FOR AVAILABILITY, AND THEN IT COULD BE EITHER ONE OF THOSE DATES AND WE ALSO HAVE SOME ALTERNATES THAT WE DON'T SEE TOO OFTEN, AND THAT'S ANOTHER THING THAT WE'RE PROPOSING TO DO. THE ALTERNATES, UM, COULD, IF THERE'S A POINT AT WHICH, YOU KNOW, YOU GUYS GOTTA GO, SOMEBODY'S GOT AN APPOINTMENT, WE CAN SCHEDULE A TIME FOR THE ALTERNATES TO, UH, COME IN. I JUST, SO IT WOULD BE, YOU KNOW, LIKE A ROTATION, SO TO SPEAK. HAVE YOU REACHED OUT TO SOME OF THE ALTERNATES THAT MAYBE HAVEN'T ATTENDED? WE HAVE NOT YET. OKAY. BUT THERE WAS AN ALTERNATE HERE TODAY READY TO GO. I SAW. AND I'M SURE HE WOULD BE MORE THAN WILLING TO STEP IN IF SOMEBODY NEEDS A STEP OUT. SO, AND IS THERE ANY NEW APPOINTMENTS COMING DOWN? UM, WE HEARD THAT DISTRICT FOUR IS CLOSE AND, UM, DISTRICT 10 IS STILL WORKING ON IT. OKAY. ALSO, WELL THAT HELPS. SO, UM, SO WE TALKED ABOUT COMING IN EARLY. WOULD WE ALSO ADD A COUPLE OF CASES THEN SO THAT WE'RE DOING 17 OR 18 FOR THAT DAY? YOU KNOW, SO THAT WE, I, YOU KNOW, VERSUS SO WE GET OUT THE SAME TIME? NO, WELL IT'S, NO, IT WOULD STILL BE THE SAME AMOUNT OF CASES BECAUSE WHAT THE GOAL IS IS TO GET YOU OUTTA HERE BEFORE NOW. YEAH. SO, I MEAN, I DON'T MIND HEARING 12 CASES AND THEN HAVING SOME EXTRA MEETINGS. THAT'S COMPLETELY DOABLE. YOU KNOW, I, THAT'S, I DON'T TAKE ANY ISSUE WITH THAT. THAT'S MY, MY 2 CENTS. I'D RATHER HAVE EXTRA MEETINGS THAN HERE 12 CASES. AND I THINK WHAT WE'VE DONE IS CONSIDERED IF WE'RE ADDING THE THREE ADDITIONAL MEETINGS, IT'S GONNA BE 15 STILL ITEMS PER MOLY. IF WE'RE GOING TO GO 12, THAT'S WHY I WAS SAYING 17 OR 18 FOR A COUPLE OF THEM. JUST, WE MIGHT HAVE TO ADD MORE THINGS JUST TO BEAR THROUGH IT ALL ONE OR TWO DAYS AND THEN, SO THAT, YOU KNOW, BECAUSE IT SOUNDS LIKE WE'RE, YEAH, WE, WE HAVE A, A BIG CASELOAD. OKAY. WELL, I'M, I MEAN, I THINK WE, I THINK WE NEED TO ADD THE THREE FOR SURE. AND, UM, SO IF ANYBODY WOULD LIKE TO MAKE A MOTION. MOTION. ALL RIGHT. COMMISSIONER BRAGGA, UM, I MOVE THAT THE BOARD OF ADJUSTMENT ADD OCTOBER 24TH, NOVEMBER 28TH, POSSIBLY, SORRY, NOVEMBER 29TH AND DECEMBER 12TH AS ADDITIONAL, UH, DATES, UM, FOR MEETING FOR B O A MEETING. SECOND. SECOND BY COMMISSIONER KAPLAN. ALL IN FAVOR? AYE. AYE. ANY OPPOSED? HEARING NONE. MOTION PASSES. ALL RIGHT. THANK YOU VERY MUCH. I KNOW OUR RESIDENTS THANK YOU AS WELL. THERE'S A LOT OF PEOPLE OUT THERE THAT ARE WAITING. DESPERATE. I JUST CAN'T, I JUST HOPE WE GET SOME MORE PEOPLE APPOINTED AND, AND, AND PLEASE REACH OUT TO THOSE ALTERNATES. I MEAN, AND THE ALTERNATES. WE'RE GONNA BE WORKING WITH THEM. OKAY. MINUTES. YEAH. AND [ Approval of Minutes  ] I HAD SOME COMMENTS. IT, IT WAS A MONTH AGO, BUT IT SEEMS LIKE SO LONG AGO. UH, DID ANYBODY ELSE HAVE ANY COMMENTS OF THE MINUTES? NO. ALL RIGHT. SO, UM, ANYONE LIKE TO MAKE A MOTION FOR THE MINUTES AS AMENDED? APPROVE? SO MOVED. ALRIGHT. WAITING TO USE THAT SECOND. IS THERE A SECOND? SECOND. OKAY. SO I'M GONNA GIVE THE MOTION TO COMMISSIONER KAPLAN, THE SECOND TO BRAGMAN. UH, ALL IN FAVOR? AYE. ANY OPPOSED? ALL RIGHT. MOTION PASSES. IS THERE A DIRECTOR'S REPORT? NOTHING TO REPORT. THANK YOU FOR YOUR PARTICIPATION AND YOUR HARD WORK. AND JUST KNOW THAT MERKO IS THE NEW KAYLA, SO HE TOOK OVER THE PRINCIPAL PLANNER POSITION. SO, ALRIGHT, , IS THERE A WAY THAT WE CAN THANK YOU. I HEREBY ADJOURN THE MEETING. IT IS, UH, 5 48. * 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.