* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:01] ALL RIGHT, IF, IF EVERYBODY CAN BE KIND ENOUGH TO SILENCE THEIR MOBILE DEVICES, WE'RE GOING TO, UH, HAVE THIS, UH, MEETING OF THE BOARD OF ADJUSTMENTS. COME TO ORDER. STAFF, IF YOU COULD PLEASE TAKE ROLL CALL MR. SPIELMAN. HERE. MR. ALBERT? HERE. MR. MANCHACA? HERE. MR. VAZQUEZ? HERE. MS. CRUZ? HERE. MR. MANNA. PRESENT. MS. KAPLAN? HERE. MS. INGLES? HERE. MS. THIEL, PRESENT CHAIR ORIAN. AND I'M ALSO PRESENT THAT MAKES 10 WITH A POTENTIAL, UH, ADDITION COMING, UH, AT ANY MOMENT. SO IF THE, IF THE, UH, UH, SPANISH INTERPRETERS HERE, WE'D LIKE TO HEAR THEIR PRESENTATION. PLEASE. HAPPENED TO THE QUORUM AND FOUR ALTERNATES THAT WAS EMAILED ON FRIDAY. YEAH, WE HAVE ONE BY ZOOM AND THEN NOT IT MAKES 11. OH, SORRY. THANK YOU. SO IF YOU CAN PLEASE STAND AND JOIN ME IN THE PLEDGE OF ALLEGIANCE, I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, LIBERTY, JUSTICE FOR ALL HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO BE TEXAS. ONE STATE UNDER GOD ONE. ALRIGHT, SO BEFORE WE PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION. THE BOARD FOLLOWS AN AGENDA, WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT'S STREET ADDRESS. FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT. LASTLY, AS CHAIR, I'LL MAKE ANNOUNCEMENTS, UH, SUCH AS COMMUNITY CALENDAR EVENTS. I ASK THAT THE BOARD MEMBERS TO SUBMIT THESE ANNOUNCEMENTS TO ME AS A CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING. WE ARE PRIVATE CITIZENS, UH, APPOINTED TO THIS BOARD BY CITY COUNCIL. THE BOARD IS SUPPORTED BY THE MEMBERS OF THE CITY STAFF AND THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTINENT TO THE RELEASE SOUGHT, AND WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATOR AND THE SAN ANTONIO CITY COUNCIL. THERE ARE 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 IN AN ADVISORY AND APPELLATE CAPACITY OF THE DIRECTOR OF ELEMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM THE REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE. IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY 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 FACTS AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY, THEY'LL BE QUESTIONED BY THE MEMBERS OF THE BOARD. ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER. AFTER EVERYONE ASSERT, THE CASE WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION. AND IN ORDER FOR A MOTION TO CARRY, IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE. THE BURDEN OF PROOF IN GRANTING THE RELIEF SOUGHT RESTS WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS ON WHICH THE RELIEF REQUESTED CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL. SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW. BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. SO PLEASE LIMIT YOUR PRESENTATION AND REMARKS OF THE PERTINENT OF FACTS OF YOUR CASE, UH, STAFF. [ Briefing and Possible Action on the following items  ] ALL RIGHT. GOOD AFTERNOON. UH, STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OR REQUEST. PRIOR PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR A VARIANCE OF SPECIAL EXEMPTION AND PROPERTIES WITHIN 200 FEET OF SUBJECT PROPERTY CHECK MARKS INDICATE THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND X INDICATES PROPERTY OWNERS IN A OPPOSITION FOLLOWING THIS PRESENTATION. ANY OTHER QUESTIONS BY THE BOARD, THE APPLICANT WILL REQUEST WILL PRESENT THEIR REQUEST. FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE OR SPECIAL EXEMPTION, YOU'LL BE CALLED ON IN THE ORDER THAT YOU SIGN UP TO SPEAK. THOSE IN SUPPORT OR OPPOSED WILL BE ALLOWED A MAXIMUM OR OF THREE MINUTES PER SPEAKER AND YOU WILL NOT BE OBLIGATED TO UTILIZE THE [00:05:01] MAXIMUM TIME LIMITATION. FOR THOSE THAT WOULD LIKE TO GIVE THEIR TIME TO A SPEAKER, THAT SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES. THOSE GIVING UP THEIR TIME MUST BE PRESENT AND SIGNED IN TO SPEAK GROUPS CONSISTENT, THREE OR MORE CITIZENS WILL BE ALLOWED ALLOTTED NINE MINUTES TOTAL TO ADDRESS THE BOARD ITEMS. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH AN OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU, CHAIR. THANK YOU. UH, SO WITH THAT WE'RE GONNA HEAR OUR FIRST CASE, WHICH IS ITEM NUMBER FOUR ON THE AGENDA. UH, GOOD AFTERNOON ON BO O A 2 2 1 0 3 0 0 1 3 2. LOCATED AT 1 1 3 6 WEST FRENCH PLACE AND COUNCIL DISTRICT NUMBER ONE APPLICANT BEING DU ORTEGA. UM, A REQUEST FOR A ONE FOOT VARIANCE FROM THE BEACON HILL NEIGHBORHOOD CONSERVATION DISTRICT, MAXIMUM FOUR FOOT, PREDOMINANTLY OPEN FENCE DESIGN STANDARD TO ALLOW A PREDOMINANTLY OPEN FENCE TO BE FIVE FEET IN A FRONT YARD. UM, THE ZONING IS CURRENTLY RESIDENTIAL SINGLE FAMILY. UM, THE SUBJECT PROPERTY CURRENTLY CONTAINS A SINGLE FAMILY HOME. THE APPLICANT HAS INSTALLED A A FIVE FOOT, PREDOMINANTLY OPEN FENCE. UM, BEACON HILL NEIGHBORHOOD CONSERVATION DISTRICT HAS A MAXIMUM FOUR FOOT MAXIMUM, UH, PREDOMINANTLY OPEN FENCE DESIGN STANDARD. UPON STAFF SITE VISIT. UM, STAFF DID OBSERVE OTHER SIMILAR FENCES IN THE AREA. UM, ADDITIONALLY THERE WAS NO CLEAR IS CLEAR VISION ISSUE OBSERVED. UM, THAT IS CURRENTLY THE PICTURE OF THE SITE PLAN WITH THE HIGHLIGHTED PART SHOWING THE FENCE, UM, THE FENCE ITSELF AND THE SUBJECT PROPERTY. UH, SOME OF THE SURROUNDING AREAS AND THE FENCES THAT ARE ZONED ON THOSE PROPERTIES. UH, SAME THING HERE AND ACROSS THE STREET. UH, SO STAFF RECOMMENDS DENIAL AND OF A REQUEST FOR A ONE FOOT VARIANCE FROM THE BEACON HILL NEIGHBORHOOD CONSERVATION DISTRICT, MAXIMUM FOUR FOOT PREDOMINANTLY OPEN FENCE DESIGN STANDARDS TO ALLOW A PREDOMINANTLY OPEN FENCE TO BE FIVE FEET IN THE FRONT YARD. AND BO O A 1 22 103 0 0 1 71. BASED ON THE FOLLOWING FINDINGS EFFECT, UH, THE CONSTRUCTIVE FENCE GOES AGAINST THE BEACON HILL NEIGHBORHOOD CONSERVATION DESIGN, DESIGN STANDARDS. UH, THE NOTIFICATION PLAN, THERE WERE 26 NOTICES SENT. UH, THERE WERE TWO IN FAVOR, UH, WITHIN THE 200 FEET. UH, THERE WERE ZERO, UM, OPPOSITION AND, UH, BEACON HILL NEIGHBORHOOD ASSOCIATION IS OPPOSED. UM, THAT WOULD CONCLUDE STAFF PRESENTATION AND THE APPLICANT SHOULD BE PRESENT AND BE AND BEFORE YOU GO, UH, IS, IS THE FIVE FOOT IN QUESTION SOLELY AT THE GATE? YEAH. SO THAT'S THE HIGHEST POINT OF THE PARK. THE GATE. OKAY. IT'LL INCLUDE THE WHOLE PART, BUT THE REST OF THE FENCE OTHER THAN THE GATE IS, IT IS KIND OF SOMETHING BELOW. IT KIND OF VARIES. ALRIGHT. BUT THE HIGHEST POINT'S. FIVE MANA. AND FINALLY, WAS THIS PERMITTED, WAS THERE A PERMIT PULLED OR APPLIED FOR, I CAN'T REMEMBER OFF. OR WAS IT CO COMPLIANCE? UH, I CAN'T REMEMBER OFF THE TOP OF MY HEAD. I DON'T BELIEVE SO. I THINK IT WAS MANNA. YES. COMMISSIONER MANNA ALSO, UH, BEACON HILLS PUT IN A NOTICE. DID, WAS THERE ANY ADDITIONAL DETAIL OUTSIDE OF THE OPPOSITION? SO WAS THERE ANY ADDITIONAL DETAILS IN THEIR OBJECTION? YES, THERE SHOULD HAVE BEEN A LETTER SENT TO YOU GUYS, UM, ALREADY. YEAH, THERE SHOULD, CAN YOU BRING THAT UP ON THE SCREEN? SURE. THERE WE GO. OKAY. ALL RIGHT. UH, WE'LL HEAR FROM THE APPLICANT. UH, BUT YOU KNOW, WHEN, AND JUST FOR IN THE FUTURE WHEN WE HEAR FENCE CASES, IT'S VERY IMPORTANT TO KNOW, YOU KNOW, WHAT EXACTLY IS VIOLATING THAT HEIGHT LIMIT. 'CAUSE WHEN I FIRST LOOK AT THIS PICTURE, IT LOOKS LIKE IT'S, IT'S THE POST AND MAYBE THE CENTER OF OF THE GATE. AND IT'S JUST, JUST FOR CLARITY PURPOSES. WE'D LIKE TO LIKE TO KNOW THAT. SO WITH THAT, IF THE APPLICANT'S PRESENT MM-HMM. AND PERHAPS YOU CAN CLARIFY SOME OF THAT AS WELL, SIR. YES. UH, THE, THE DESIGN OF THE FENCE WAS, OH, CAN, I'M SORRY. CAN YOU PLEASE SIGN YOUR NAME? OH, I'M SORRY. THIS IS GERARDO ORGA. YES, SIR. PLEASE CONTINUE. UM, THE DESIGN OF THE FENCE WAS INTENTIONAL. IT WAS, YOU KNOW, UM, IT LOOKS AESTHETICALLY BETTER THAT WAY WITH THE, WITH IT'S ONLY ON THE GATES, THE, THE ONE THAT GOES OVER THE DRIVEWAY AND THEN THE ENTRY TO THE HOUSE ON THE SIDEWALK. UM, THE ACTUAL FENCE ITSELF IS FOUR FEET. SO IT'S JUST THAT ONE HUMP THAT GOES, THAT KIND OF GIVES THAT, THAT, UM, DESIGN. AND, UH, THAT WAS INTENTIONAL BECAUSE THAT WAS A HIGH QUALITY IRON FENCE. SO, YOU KNOW, WE, WE WENT WITH THE HIGHER END FENCE TO, TO TRY TO GET A BETTER, UM, LOOK TO IT AESTHETICALLY. ALRIGHT. THANK YOU VERY MUCH. THANK [00:10:01] YOU. UH, WE'RE GONNA SEE IF THERE'S ANY PUBLIC COMMENTARY AND THEN WE'LL ASK YOU A BACKUP FOR, FOR QUESTIONS. SO WE'RE GONNA, WE'RE GONNA GO TO, WE DO HAVE ONE VOICEMAIL, SIR. WE HAVE ONE VOICEMAIL. OKAY. LET'S HEAR THE VOICEMAIL REGARDING D O A CASE. 22 DASH 1 0 3 0 0 1 2 3 AT 1136 WEST FRENCH. ITEM NUMBER FOUR, THIS IS DANIEL HUBING, PRESIDENT, THE BEACON HILL AREA NEIGHBORHOOD ASSOCIATION. I RESIDE AT 10 25 WEST ATCH. OUR NUMBER IS TWO ONE ZERO TWO EIGHT SEVEN NINE ZERO TWO FIVE. DEARBORN MEMBERS. BEACON HILL AREA NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION TO THE APPLICANT. MR. HARD'S REQUEST FOR A SPECIAL EXCEPTION FOR FENCE FROM THE NEIGHBORHOOD CONSERVATION DISTRICT IN CD FIVE, MAXIMUM FOUR FOOT FENCE DESIGN STANDARDS TO ALLOW PREDOMINANTLY OPEN FENCE TO BE FIVE FEET AT 1136 WEST FRENCH HAM'S. PROCESS IS THAT APPLICANTS FIRST MEET WITH THE ZONING AND URBAN DESIGN COMMITTEE, WHICH MEETS ON THE THIRD MONDAY OF EVERY MONTH, AND SUBSEQUENTLY PRESENTS IN FRONT OF THE GENERAL ASSEMBLY, WHICH MEETS ON THE SECOND MONDAY OF EVERY MONTH. THE CASE I PUBLISHED IN THE BEACON NEWSLETTER, WHICH IS HAND DELIVERED TO EVERY RESIDENCE AT THE GENERAL MEETING, THE APPLICANT MAKES HIS OR HER CASE BEFORE THEIR NEIGHBORS AND Z MAKES A RECOMMENDATION AFTER DISCUSSION, THE ASSEMBLY VOTES AND THAT VOTE IS REPRESENTED AT BOARD OF ADJUSTMENT BECAUSE THE APPLICANT DID NOT REACH OUT TO THE NEIGHBORHOOD, THIS PROCESS DID NOT HAPPEN. OUR DEFAULT POSITION THEN IS TO SUPPORT THE N C D FIVE STANDARDS. WE ALSO DID NOT SUPPORT THIS VARIANCE BECAUSE THE NNC NCD FIVE STANDARDS ARE THE RESULT OF COMMUNITY MEETINGS HELD OVER A YEAR IN 2004 TO DETERMINE WHAT STANDARDS ARE IMPORTANT TO OUR COMMUNITY, THEY'RE RESULTS OF MEETINGS FOR THE UPDATE IN 2017 AND ADOPTED AS ORDINANCE BY CITY COUNCIL. WHAT MAKES PEOPLE WANT TO LIVE IN BEACON HILL IS A DIRECT RESULT OF THESE NCD FIVE STANDARDS THAT HAVE STABILIZED THE BUILDING ENVIRONMENT OF THE NEIGHBORHOOD THAT IS OVER 120 YEARS OLD. THEY HAVE PRESERVED THE UNIQUE AND SUSTAINABLE HOUSING STOCK. THEY ALSO NURTURE COMMUNITIES THAT VALUES INTERACTION AND NEIGHBORLINESS BY ENCOURAGING FRONT PORCHES, WINDOWS, AND GUIDELINES FOR FENCING. WHILE THIS VARIANCE SEEMS LIKE JUST A DETAIL, THE ISSUE IS ONE OF SUPPORTING THESE IMPORTANT STANDARDS. THIS COMMUNITY HAS SUPPORTED VARIANCES TO THE NNC FIVE WHEN THERE IS JUST CAUSE OR BECAUSE THE OF GENUINE SAFETY ISSUES. ACCORDING TO THE PERMIT, THE APPLICANT PULLED ON 6 23 21 FOR A QUOTE, FOUR FOOT RAW IRON FENCE IN FRONT BY SIGNING THE APPLICATION AS THE OWNER CONTRACTOR. I CERTIFY THAT I HAVE READ AND UNDERSTOOD ALL THE REQUIREMENTS FOR FENCES IN THIS APPLICATION. I CERTIFY THAT THE FENCE INSTALLED WITH THIS PERMIT WILL BE INSTALLED ACCORDING TO THE REQUIREMENTS OF THE CITY OF SAN ANTONIO UNIFIED DEVELOPMENT. QUOTE, THIS PARTICULAR APPLICANT CHOSE TO NOT COMPLY WITH THEIR PERMIT STIPULATION. PLEASE SUPPORT BEACON HILL'S NCD FIVE COMMUNITY STANDARDS, PARTICULARLY AS NEWCOMERS SOMETIMES SHOW A DESIRE TO PICK AND CHOOSE WHICH STANDARDS THEY WILL FOLLOW. WE RESPECTFULLY ASK THAT YOU DENY THE REQUEST OF A SPECIAL EXCEPTION FOR A FIVE FOOT FENCE, NEIGHBORHOOD ASSOCIATION, ZONING AND URBAN DESIGN COMMITTEE. ALL RIGHT, SO IF THERE'S ANY QUESTIONS FOR THE APPLICANT, I'LL OPEN THIS UP. KAPLAN COMMISSIONER KAPLAN. UH, SO OBVIOUSLY THE NEIGHBORHOOD ASSOCIATION IS VERY UPSET, MOSTLY THAT YOU DIDN'T GO TO THEM FIRST TO DISCUSS IT. WHAT PREVENTED YOU FROM DOING THAT? I, I DIDN'T REALIZE THAT I WAS VIOLATING ANYTHING BECAUSE IT WAS FOREFOOT, IT WAS INTENTIONALLY MEANT TO BE. I JUST DIDN'T THINK THE DESIGN OF THE HUMP OVER THE GATES WAS GONNA BE A PROBLEM. UM, IT IS A FOUR FOOT FENCE. I JUST, ALL THE WAY AROUND, IF YOU SEE THE RIGHT SIDE OF THE FENCE, IT'S FOUR FEET. SO I JUST DIDN'T SEE THAT THAT WAS GONNA BE A PROBLEM OR TAKEN INTO CONSIDERATION. IT'S PART OF THE HEIGHT REQUIREMENT. IF YOU HAD, YOU WOULDN'T BE HERE THOUGH. YES, I'M LEARNING THAT NOW, SO I, THAT'S MY FAULT. MANNA COMMISSIONER MANNA. SO THE QUESTION I HAVE IS, ONE OF THE THINGS WE TALK ABOUT ARE HARDSHIPS AND SO, UM, TO LOWER THE GATE, UM, IS THAT POSS IS THAT A POSSIBILITY? AND, AND IN DOING SO, I MEAN, WHAT, WHAT ARE THE IMPACTS OF THAT? IT'S POSSIBLE, BUT IT WILL TAKE AWAY FROM THE DESIGN OF THE FENCE. I MEAN, WE SPENT ABOUT $6,000 ON THIS FENCE. THIS ISN'T A CHEAP FENCE. UM, I I MEAN, IT'S VERY POSSIBLE THAT IT COULD BE DONE. I MEAN, YOU JUST WELDED OFF, YOU CUT THOSE, THAT SECTION OFF, BUT IT'S, IT'S TAKEN AWAY FROM THE REASON WHY WE HAVE THE GATES TO BEGIN WITH, WHICH I BELIEVE WE'RE HERE FOR ANOTHER CASE RELATED TO THAT. SO I THINK, I THINK, UM, MY OTHER CASE WILL SPEAK TO WHY THIS DESIGN WAS SELECTED. ALL RIGHT. ANY OTHER QUESTIONS? UH, REAL QUICK BOARD. UM, SO THE APPLICATION THAT WAS TURNED IN, LIKE HE SAID, IT DID SAY [00:15:01] IT WAS A FOUR FOOT FENCE. SO AFTER IT WAS BUILT, THE INSPECTORS CAUGHT IT. OKAY. SO, UM, I HAVE A, A, A A FEW QUESTIONS. SO IT LOOKS LIKE, UH, ASIDE FROM THE POST, THE FENCE IS FOUR FEET EXCEPT WHEN INSTALLED. AND ACCORDING TO THE MEASURING TAPE THAT I CAN, I CAN SEE FROM ONE OF THE STAFF PICTURES, IT LOOKED LIKE IT ENDED UP BEING MAYBE 50 INCHES TALL TO THE TOP OF THE DECORATIVE, UH, TIPS OF THE FENCE JUST BY VIRTUE OF, OF HOW IT WAS INSTALLED. AND IT LOOKS LIKE YOU HAVE THE POSTS THAT, THAT ARE ACHIEVING ABOUT AN EIGHT INCH DEVIATION FROM THE FOUR FEET. AND THEN YOU HAVE, UH, THE CENTER OF, OF, OF YOUR, OF YOUR GATE DOOR AND THEN YOUR, YOUR DRIVEWAY GATE THAT SLIGHTLY EXCEED. SO I, I MEAN, I, I SEE WHERE THE INTENT IS, IS, UH, FOUR FEET. BUT, UH, WHEN YOU HAD MENTIONED ABOUT, UM, ABOUT POTENTIALLY CORRECTING THIS, UM, DID, WOULD YOU, WOULD YOU HAVE TO SLICE OFF THE BOTTOM AND DROP IT? OR WHAT ARE, WHAT WOULD BE YOUR SOLUTION TO TRY TO WE WOULD, WELL WE WOULD SLICE THE, PROBABLY THE TOP, ALL THE EDGES OFF THE TOP. IT WOULD BE, I MEAN, IT, IT'S VERY ATTAINABLE. IT'S JUST GONNA MAKE THE FENCE LOOK UGLY. AND THE WHOLE POINT OF ME PUTTING THE FENCE IS TO MAKE THE NEIGHBORHOOD LOOK BETTER, NOT WORSE. OKAY. AND THEN THIS WAS, YOU KNOW, I, I UNDERSTAND AND THE STAFF, THE TWO EXAMPLE PHOTOS THAT YOU HAD PROVIDED THAT, THAT HAD A SOLID MASONRY BOTTOM WITH A, WITH A, UM, UM, PREDOMINANTLY OPEN, UH, WROUGHT IRON. DOES IT, DO THOSE ALSO EXCEED FOUR FEET? THEY LOOK LIKE THEY'RE AT LEAST FIVE. I DON'T KNOW IF YOU, IF YOU TOOK A MEASUREMENT TO IT. YEAH. UM, SO WHENEVER WE WENT OUT TO DECIDE VISITS, UM, WHENEVER I DO, I ALWAYS TRY TO MEASURE FROM THE HIGHEST POSSIBLE POINT THAT I CAN POSSIBLY SEE ON THERE. UM, BECAUSE YOU CAN ALWAYS GO SHORTER THAN THAT. UM, SO THE HIGHEST POINT ON THAT FENCE IS FIVE FEET. OKAY. AND THEN ON, UH, WITH THE APPLICANT'S FENCE IN QUESTION, IT APPEARS THAT DIRECTLY BEHIND THE FENCE THERE'S A CURB. UH, DOES THAT AFFECT WHERE YOU MEASURE HEIGHT? IS IT FROM THE LOWEST PORT OF THE SIDEWALK, OR WOULD IT BE BEHIND THE CURB? THAT APPEARS TO BE, UH, A BUDDING. SO WHENEVER I DO THAT, I, SO I GO TO, I MEAN, THE POST'S ALWAYS OBVIOUSLY FOUR FEET, SO YOU CAN, THAT'S STRUCTURED TO THE GROUND. UM, BUT TO COVER ALL BASES I GO TO WHERE I CAN PHYSICALLY TOUCH THE BOTTOM OF IT, EVERY SINGLE FENCE TO THE PART I CAN PHYSICALLY TOUCH TO THE HIGHEST POINT SO THAT THAT FRONT PORCH OVER WHERE THE HUMP IS AT, IS MEASURED FIVE FEET FROM TOP TO BOTTOM. OKAY. THANK YOU MANNA. COMMISSIONER MANNA QUESTIONS FOR THE CITY AS WELL. UH, SO, UM, SO CONCERN, DO WE KNOW WHEN THE, UH, N C D WAS ESTABLISHED, UM, FIRST AND THEN SECOND? DO WE KNOW THAT, SO OF THE FENCES THAT YOU POSTED PICTURES OF, DO YOU KNOW WHEN THEY WERE ESTABLISHED? WERE THEY PRIOR TO THE N C D BEING CREATED? UM, YOU KNOW, SO ESSENTIALLY BEING GRANDFATHERED. UM, SO, MAN, SO SOME OF THESE HOMES ARE VERY OLD. UM, SO MAN, THEY, THEY MAY HAVE BEEN PREEXISTING AT THE POINT. I MEAN, NNC D SIX WAS CREATED ON APRIL, 2019. YEAH. SO YEAH, I, I CAN ADDRESS THAT. YES. COMMISSIONER SMAIL, UH, FENCES IN QUESTION HAVE BEEN THERE FOR DECADES. UH, THEY'RE, YOU KNOW, LIKE BACK TO WHEN, UH, FREDERICKSBURG WAS A VIABLE, UH, UH, YOU KNOW, COMMERCIAL CORRIDOR, UH, THOSE FENCES WERE IN EXISTENCE. THEY'RE VERY, VERY OLD. OKAY? AND OTHER THAN THAT LITTLE ENCLAVE OF THEY'RE FIVE, AND SOMETIMES EVEN SIX FOOT TO THREE, UH, FENCES, THERE AREN'T ANY COMPARABLE, UH, FENCES IN THE NEIGHBORHOOD. AND I WALKED THERE ON SATURDAY AND I DIDN'T SEE ANYTHING THAT LOOKED REMOTELY LIKE IT COULD HAVE BEEN BUILT SINCE THE, UH, N C D STANDARDS WERE ADOPTED IN 2017. OKAY, THANK YOU. SO, UH, WITH THAT, IF THERE'S, UH, NO OTHER QUESTIONS FOR THE APPLICANT, UH, WE'RE GONNA CLOSE THE PUBLIC HEARING AND THEN OPEN THIS UP FOR A MOTION. SO IF YOU COULD TAKE A SEAT, SIR. TE COMMISSIONER THIEL REGARDING CASE NUMBER BO O A DASH 22 DASH 0 3 32. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A ONE FOOT VARIANCE FROM THE BEACON HILL NEIGHBORHOOD CONSERVATION DISTRICT, MAXIMUM FOUR FOOT, PREDOMINANTLY OPEN FENCE DESIGNED STANDARDS TO ALLOW A PREDOMINANTLY OPEN FENCE TO BE FIVE FOOT IN THE FRONT YARD, SITUATED AT 1 1 3 6 WEST FRENCH PLACE. APPLICANT BEING GERARDO ORGA. 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 BEACON HILL N C D FRONT YARD FENCE STANDARD WAS ADOPTED TO MAINTAIN THE CHARACTER OF THE AREA. THE VARIANCE TO THE N C D STANDARDS IS FOR THE FRONT YARD FENCE AND NOT, AND IS NOT CONTRARY TO THE PUBLIC INTEREST AND THE SURROUNDING NEIGHBORS. TWO, DUE TO A SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. [00:20:01] IT WOULD RESULT FOR THE FENCE TO CONFORM TO THE FOREFOOT MAXIMUM HEIGHT REQUIREMENT AND POSSIBLE DEMOLITION OF THE FENCE. THIS PRESENTS AN UNNECESSARY HARDSHIP. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS THERE ARE SIMILAR STYLE FENCES IN THE AREA. 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 OTHER, EXCUSE ME, NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. DEFENSE IS NOT LIKELY TO NEGATIVELY AFFECT THE ADJACENT NEIGHBORING PROPERTY AS THE FENCE NEIGHBORS A LOCAL STREET WITH SIMILAR FENCES. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, AND ARE NOT MERELY FINANCIAL, ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE STYLE OF FENCE IS VERY SIMILAR TO SURROUNDING AREA AND THE DISTRICT THAT THE, THAT PROPERTY IS LOCATED IN THE VARIANCE REQUEST IS NOT MERELY FINANCIAL END OF MOTION. SECOND, SECOND BY COMMISSIONER KAPLAN. COMMISSIONER THIEL. I'LL BE IN SUPPORT OF THIS. I DON'T FIND IT TO BE OUT OF CHARACTER WITH THE NEIGHBORHOOD. I'M VERY FAMILIAR WITH IT. I ALSO FEEL THAT THE TWO AREAS THAT ARE IN QUESTION ARE ARCHITECTURAL FEATURES AND NOT PART OF THE ACTUAL FENCE ITSELF. UM, AND I DON'T THINK SOMEONE SHOULD BE PUNISHED FOR NOT, UH, YOU KNOW, CONSULTING THE NEIGHBORHOOD ASSOCIATION WHEN THE INTENT WAS TO ACTUALLY MEET THE LETTER OF THE CODE. COMMISSIONER KAPLAN. UH, I AM OF TWO MINDFULNESS BECAUSE, WELL, I DO THINK THAT THE FENCE IS VERY ATTRACTIVE AND, UM, IT WOULD LOOK VERY NICE IN THE NEIGHBORHOOD. HOWEVER, I DO FEEL STRONGLY THAT IF YOU HAVE A NEIGHBORHOOD ASSOCIATION AND THEY HAVE ESTABLISHED RULES TO PROTECT THE NEIGHBORHOOD, AND THEY ARE AGAINST IT, THAT I WILL SUPPORT THEM. SO I'M GOING TO, UM, BE AGAINST THIS. AND ALSO PLEASE LET, LET THE RECORD SHOW THAT COMMISSIONER ZUNIGA AND IS PRESENT AND WILL BE VOTING ON THIS ITEM. UH, COMMISSIONER SPIELMAN, I WILL ALSO BE, UH, IN OPPOSITION TO THIS. UH, CLEARLY HE HAD, HE KNEW WHAT THE RULES WERE AND HE DIDN'T COMPLY WITH THEM. AND THE PRECEDENT THAT IT SETS IS, YOU KNOW, SINCE 2017, IF THEY HAVEN'T, UH, VIOLATED ANY OF THOSE N C D STANDARDS, I, I DON'T WANNA BE IN SUPPORTIVE OF THE THING THAT DOES. WE CAN HERE, OVER THERE. YEAH, IT, IT LOOKS LIKE THE MICS WERE MAYBE ADJUSTED DOWN A BIT. HELLO? YOU GOTTA KEEP, YEAH. OKAY. I'LL BE CLOSER. THANK YOU. COMMISSIONER MANNA? YES, I, I ALSO WILL NOT BE IN FAVOR OF THIS FOR A COUPLE OF REASONS. ONE IS THAT I THINK, UH, THAT, THAT THE BEACON HILL NEIGHBORHOOD CONSERVATION DISTRICT HAS WAITED IN ON OTHER CASES WHERE THEY'RE OKAY WITH IT, BUT HERE THEY'RE CLEARLY NOT. AND SO, SO I'M GOING TO BE SUPPORTING THEM, UM, TOO. ALSO, I THINK THAT THERE IS A REMEDY HERE THAT THE APPLICANT CAN GO BACK THROUGH THIS CONSERVATION DISTRICT AND GO THROUGH THE NORMAL PROCESSES AND MAYBE HAVE THAT DIALOGUE AT ANOTHER POINT. BUT, BUT I THINK IT, UH, AT THIS TIME, IT WILL NOT BE IN VOTING FAVOR. OKAY. ANYONE ELSE? OKAY, I'M GONNA CHIME IN. UH, I'M, I'M NOT OPPOSED TO THIS BECAUSE I THINK HE ATTEMPTED TO PURCHASE A FOUR FOOT FENCE, BUT WITH INSTALLATION IT SLIGHTLY EXCEEDED. UM, WOULD, WOULD ANY OF MY FELLOW COMMISSIONERS BE OPEN TO, UM, AND, AND SPECIFICALLY TALKING TO THOSE IN DESCENT, OPEN TO DROPPING IT FROM FIVE FEET TO 54 INCHES PERHAPS, OR 52 INCHES SO THAT THE BULK OF THE FENCE COULD REMAIN? I, I THINK IF THE NEIGHBORHOOD ASSOCIATION AGREED TO THIS FENCE, IT IS A VERY ATTRACTIVE FENCE. UM, I THINK WE SHOULDN'T INTERFERE WITH THE DIVISION. OKAY. CAN, CAN WE ASK FOR, UH, THE, THE MOTION TO BE WITHDRAWN AND, AND ONE FOR A POSTPONE FOR A CONTINUANCE. SO GIVE THE APPLICANT TIME TO, TO DEAL WITH THE NEIGHBORHOOD? YES. OKAY. TEAL, WOULD YOU WOULD? YEAH. YES. UH, I'LL WITHDRAW THE MOTION. SO THE MOTION HAS BEEN WITHDRAWN. I'LL ENTERTAIN A MOTION, SIR. UM, JUST OUTTA CURIOSITY, HOW MUCH TIME WOULD YOU NEED? TWO WEEKS, THREE WEEKS, FOUR WEEKS. WOULD THEY MEET ON THE FIRST AND SECOND MONDAY? DEPENDS ON THE FENCING COMPANY AND ALL. WELL MEET WITH THE NEIGHBORHOOD, WITH THE CON NEIGHBORHOOD ASSOCIATION. SO THEY MEET ON THE FIRST AND SECOND MONDAY, THE TWO DIFFERENT BOARDS. THE TWO DIFFERENT BOARDS. SO THAT, THAT, THAT WOULD TAKE YOU TO, UH, AT LEAST 30 DAYS FROM NOW. UM, IS THAT SOMETHING, UH, YOU, YOU OKAY. THE TWO ADDITIONAL BOARDS TO DISCUSS THE FENCE, THE DIFFERENT VARIANCE. RIGHT. SO STAFF ONE'S THE NEXT AVAILABLE MEETING, THAT WOULD BE AFTER THE, THE SECOND MONDAY IN NOVEMBER. THE 21ST OF NOVEMBER. OKAY. SO THE 21ST OF NOVEMBER. I'M LOOKING FOR A MOTION TO CONTINUE THIS CASE TO THE 21ST TEEL COMMISSIONER TEEL. I MOVE THAT WE CONTINUE THIS CASE TO THE 21ST OF NOVEMBER, 2002. SECOND. WE HAVE A SECOND BY COMMISSIONER CRUZ. UM, PLEASE [00:25:01] TAKE A ROLL CALL. VOTE MR. THIEL? YES. MS. CRUZ? YES. MR. SPIELMAN? NO. MR. ALBERT? YES. MR. MANCHACA? YES. MR. VASQUEZ? YES. MR. MANNA? YES. MS. INGLES? YES. MR. ZUNIGA? YEAH. MS. KAPLAN? YES. YES. CHAIR OREN AND I ALSO VOTE? YES. MOTION PASSES 10 TO ONE. SO, UH, SIR, YOU HAVE UNTIL THE 21ST OF NOVEMBER, UH, TO, TO MEET WITH THE NEIGHBORHOOD AND, UH, LET US KNOW HOW IT TURNED OUT. AND, UH, YOU KNOW, ANY, ANY PAPERWORK OR DOCUMENTATION IS ALWAYS TO, UH, YOUR BENEFIT. I'VE AS JUST AS IS A SUGGESTION. ALL RIGHT. NEXT CASE. UM, BO O A 22 1 0 3 0 0 1 4 3 LOCATED AT 2 1 5 AVENUE ON CONSTANT DISTRICT NUMBER THREE, APPLICANT BEING PHILLIP LEVI. UM, MAY REQUEST FOR A THREE FOOT VARIANCE IN THE, WITH A ONE FOOT OVERHANG FROM THE FIVE FOOT MINIMUM SIDE SETBACK TO ALLOW STRUCTURE TO BE TWO FEET FROM THE SIDE PROPERTY LINE. UM, CURRENT ZONING IS R FOUR RESIDENTIAL SINGLE FAMILY. UM, THE APPLICANT IS PROPOSING TO REMODEL AN EXISTING GARAGE INTO AN ACCESSORY DWELLING UNIT. THE PROPOSED A D U IS NOT EXPANDING THE FLOOR FOOTPRINT. UH, THE PROPOSED ACCESSORY DWELLING UNIT IS VISIBLE FROM THE RIGHT OF WAY UPON STAFF SITE VISIT. THERE WERE OTHER STRUCTURES IN THE REAR YARDS OF NEIGHBORING PROPERTIES. UH, THAT IS CURRENTLY A PICTURE OF THE SITE PLAN WHERE THE HIGHLIGHTED PURPLE AREA IS, WHERE THE A D U IS GOING TO BE LOCATED AT. UM, THAT IS THE VIEW OF THE SUBJECT PROPERTY WITH THE STRUCTURE IN THE REAR YARD FROM THE RIGHT OF WAY. UH, THE STRUCTURE ITSELF WHERE YOU CAN SEE THE SETBACK RIGHT THERE, UH, THE STRUCTURE ITSELF AND THE ALTERNATE VIEW WITH THE MORE, UH, WIDER SHOT VIEW OF THE REAR YARD AND THE MEASUREMENTS AND SOME OF THE SURROUNDING AREAS. STAFF RECOMMENDS APPROVAL OF A REQUEST FOR A, UM, FOR A THREE FOOT VARIANCE WITH ONE FOOT OVERHANG FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A STRUCTURE TO BE TWO FEET FROM THE SIDE PROPERTY LINE BO O A 22 1 0 3 0 0 1 4 3 BASED ON THE FOLLOWING FINDINGS OF FACT, THE PROPOSED ADDITION IS IN THE REAR YARD OF THE PROPERTY, IS NOT EASILY TO SEEN FROM THE RIGHT OF WAY, AND THERE DOES NOT APPEAR TO BE ISSUES FOR WATER RUNOFF, AND THE STRUCTURE WILL NOT NEGATIVELY AFFECT NEIGHBORING PROPERTIES. UH, THERE WERE 29 NOTICES SENT OUT. THERE WAS ZERO IN FAVOR AND ZERO IN OPPOSITION, AND THERE WAS NO RESPONSE FROM THE HIGHLAND HILLS AND HIGHLAND PARK NEIGHBORHOOD ASSOCIATION. UM, THAT CONCLUDES STAFF PRESENTATION AND THE APPLICANT IS PRESENT. AND BEFORE YOU GO, I HAVE A QUICK QUESTION. UH, WE, DURING THE U D C AMENDMENT PROCESS, SO WAS SOMETHING THAT CAME UP ABOUT ADUS ALLOWING TO BE REAR AND SIDE THREE FEET AWAY, UH, FROM THE PROPERTY LINE, WOULD THIS MEET THAT IF IT WERE TO BE APPROVED? SO IF IT'S NOT ATTACHED, IF IT'S A DETACHED ACCESSORY STRUCTURE, IT CAN BE THREE FEET FROM THE SIDE PROPERTY LINE AS LONG AS THERE'S NO OVERHANG. AND SO, SO IF THIS WERE TO FAIL TODAY ON PERHAPS ON JANUARY 1ST, IT WOULD BE ACCEPTABLE BY RIGHT. WITHOUT THE OVERHANG? YEAH. RIGHT. SO ANY U D C AMENDMENTS ARE BEING CONSIDERED THIS MONTH, BUT THEY DON'T GO IN EFFECT UNTIL JANUARY. OKAY. SO, UM, THEY WOULD HAVE TO WAIT TILL THAT POINT, IF, IF THIS DOES NOT PASS TODAY. GREAT. AND THERE'S BEEN NO, HAS THERE BEEN A PERMIT APPLIED FOR, UM, IF I KNOW? I DON'T THINK SO. NO. YES, YES, YES, THERE HAS. ALL RIGHT. THANK YOU VERY MUCH. THERE WE GO. ALL RIGHT. IS THERE, UH, THE APPLICANT PRESENT? MACHACA. OH, COMMISSIONER MIN CHAKA. I WANT TO ASK STAFF A QUESTION. I DIDN'T KNOW A GOOGLE CHAT WAS A SITE PLAN. IT SHOWS NO DIMENSIONS OR NOTHING FROM THE TOP. YES, WE, WE DID THAT COME INTO EFFECT? YES. WE DIDN'T HAVE NO, UH, UH, DIMENSIONS ON THE SITE PLAN THAT, THAT ONE GOT AWAY FROM US, SIR, THAT ONE GOT AWAY FROM US. WE, WE DEFINITELY SHOULD HAVE THE DIMENSIONS ON THERE. YOU'RE CORRECT. ALL RIGHT. IF THE APPLICANT COME FORWARD, UH, WE WOULD LOVE TO HEAR FROM YOU. HELLO, MY NAME IS SHEILA LEVIN. AND I'M PHIL LEVIN. AND WHAT IS THE QUESTION? OH, JUST LET US, UH, TELL US ABOUT YOUR APPLICATION, UH, WHAT HARDSHIPS YOU MAY HAVE. UH, ANYTHING YOU WANT US TO KNOW. WELL, WE APPLIED FOR A, A PERMIT PROBABLY IN THE SPRING. AND AT THAT TIME, THE PERSON WHO WAS LOOKING AT THE PERMITS, UH, DIDN'T REALIZE THAT WE WERE CHANGING AN EXISTING TWO CAR GARAGE INTO A ONE BEDROOM APARTMENT. UH, SO THEY ALLOWED US TO MOVE FORWARD. WE BEGAN DOING THE RENOVATION OF THE GARAGE. AND THEN IN JUNE, [00:30:02] UH, I THINK A NEW PERSON CAME INTO THAT DEPARTMENT AND SHE SAID, WAIT A MINUTE, THIS IS, HAS TO BE CHANGED FROM A, UH, JUST A, A, LIKE A CHANGING RENOVATION INTO BASICALLY A NEW BUILDING. SO THEN WE HAD TO CHANGE, SO THEN THEY STOPPED THE PERMITTING PROCESS. THAT WAS IN JUNE. AND SO WE'VE BEEN SITTING SINCE JUNE WAITING TO HAVE THIS HEARING BECAUSE ONE OF HER REQUESTS WAS THAT WE GET A VARIANCE FOR THE SIDELINE. OKAY. SO WE'VE BEEN WAITING SIX MONTHS TO, WE HAVEN'T BEEN ABLE TO DO ANYTHING. AND SO IF WE HAVE TO WAIT TILL JANUARY, IT'S JUST MORE OF THE SAME. ALRIGHT. I COMMEND YOU FOR YOUR PATIENCE. UH, THANK YOU. WELL, THE PROBLEM IS THAT THE ECONOMY IS CHANGING WHILE THIS IS HAPPENING, SO WE'RE TERRIFIED. . RIGHT. UM, WELL, WE'RE GONNA SEE IF, UH, WE HAVE ANY QUESTIONS, BUT FIRST WE'RE GONNA FIND OUT IF THERE'S ANY PUBLIC COMMENTARY. IS THERE ANYONE SIGNED UP OR ANY VOICEMAILS? THERE'S NO PUBLIC COMMENT. ALL RIGHT. SO WE'RE GONNA OPEN THIS UP TO QUESTIONS. ANY COMMISSIONER QUESTIONS? ALL RIGHT. HEARING NONE, UH, IS THERE ANYTHING YOU'D LIKE TO ADD BEFORE WE OPEN THIS FOR A MOTION? NOT AT ALL, OTHER THAN I WAS REALLY VERY EXCITED TO SEE SOME OF THE PLANS THAT YOU'RE DOING IN SAN ANTONIO WITH ADUS. MM-HMM. . I THINK IT'S REALLY BRILLIANT AND, UH, I THINK ANYTHING YOU CAN DO TO HELP PEOPLE LIKE US WHO ARE TRYING TO MOVE THIS FORWARD WOULD BE REALLY APPRECIATED. YES, MA'AM. OKAY. OKAY. WITH THAT, I'M GONNA CLOSE THE PUBLIC HEARING. IS THERE A COMMISSIONER I'D LIKE TO MAKE A MOTION TO YOU, COMMISSIONER TEO, REGARDING CASE NUMBER BO EIGHT DASH 22 DASH 0 3 43. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A THREE FOOT VARIANCE FROM THE ONE FOOT OVERHANG FROM THE FIVE FOOT MINIMUM SIDE SETBACK TO ALLOW A STRUCTURE TO BE TWO FOOT FROM THE SIDE PROPERTY LINE SITUATED AT 2 1 5 KIPLING AVENUE, APPLICANT BEING PHILLIP 11. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE REQUESTED VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS THERE ARE OTHER SIMILAR STRUCTURES IN THE REAR YARDS WITH SIMILAR SETBACKS. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THIS WOULD RESULT IN THE APPLICANT HAVING TO CONFORM TO THE FIVE, TO THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENTS, WHICH WOULD RESULT IN AN UNNECESSARY HARDSHIP. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN SUBSTANTIAL JUSTICE WILL BE DONE. THE VARIANCE FOR THE REAR STRUCTURES WERE NOT, WILL NOT ADVERSELY AFFECT SURROUNDING PROPERTIES IN THE IMMEDIATE AREA. FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OR USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE APPLICANT'S REQUESTED VARIANCE IS LIKELY TO NOT NEGATIVELY AFFECT THE ADJACENT NEIGHBORING PROPERTY. SIX. THE PLIGHT OF THE OWNER OF THE PROP PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE SIZE AND LOCATION OF THE LOT. THE VARIANCE REQUEST IS NOT MERELY FINANCIAL END OF MOTION. SECOND, SECOND. SECOND BY COMMISSIONER KAPLAN. COMMISSIONER THIEL. YES, I'LL BE IN SUPPORT OF THIS. UH, IT'S AN EXISTING STRUCTURE. THEY'RE NOT CHANGING THE FOOTPRINT. ALL THEY'RE DOING IS CHANGING THE USE, WHICH IS ALLOWED FOR, ESPECIALLY FOR OWNER OCCUPANTS. AND I COMMEND YOU, UH, IN BOTH YOUR PATIENCE AND GOING THROUGH THE PERMITTING PROCESS. FIRST. COMMISSIONER KAPLAN. UH, WELL SAID, WELL SAID. THAT'S EXACTLY HOW I FEEL AND I WILL BE SUPPORTING IT TOO. THANK YOU. THANK YOU. ANY OTHER COMMISSIONERS? HEARING NONE? UH, LET'S HAVE A ROLL CALL. VOTE MR. THIEL. YES, I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. ALBERT. I CONCUR. MR. MACHACA I CONCUR. MR. VASQUEZ. I CONCUR. MS. CRUZ. I, MR. MANNA I CONCUR WITH THE FINDINGS OF FACT. MR. ZUNIGA. I CONCUR. MS. INGLES? YES. AND CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. 11 TO ZERO. CONGRATULATIONS. UH, IF YOU HAVE ANY QUESTIONS, YOU CAN GO ASK STAFF AND THEY'LL ANSWER 'EM ALL FOR YOU. YES MA'AM. YOU'LL BE SENDING AN, AN EMAIL WITH THE, UH, I BELIEVE STAFF DOES GIVE YOU A FORMAL LETTER, UH, WITH THE RESULTS. OKAY. BUT I'M SURE THEY COULD, UM, SEND YOU SOMETHING TO SEND A PERMIT REVIEWER. OKAY. ALRIGHT. THANK YOU VERY MUCH. THANK YOU ALL. HAVE A GOOD DAY. YOU TOO. UH, NEXT CASE PLEASE LET ME AGAIN. ALRIGHT. UM, SO BO O A 2 2 1 0 3 0 0 1 4 5. UM, LOCATED AT [00:35:01] 8 5 0 6 TIMBER PLACE. UM, ENCOUNTER DISTANT NUMBER SIX, APPLICANT BEING WILLIAM CUMMINGS. A REQUEST FOR A TWO FOOT SPECIAL EXEMPTION FROM THE MAXIMUM SIX FOOT FENCE HEIGHT TO ALLOW A SOLID SCREEN FENCE TO BE EIGHT FEET TALL ALONG THE SIDE PROPERTY LINE. UM, THE CURRENT ZONING IS R SIX RESIDENTIAL SINGLE FAMILY. UM, THE SUBJECT PROPERTY IS CURRENTLY LOCATED ON 8 5 0 6 PLACE. THE APPLICANT HAS INSTALLED AN EIGHT FOOT FENCE ALONG THE SIDE PROPERTY LINE. UPON SOME SITE VISIT, STAFF COULD SEE THE FENCE FROM THE RIGHT OF WAY. UM, STAFF DID NOT FIND OTHER SIMILAR FENCES SEEN IN THE SURROUNDING AREA. UM, THIS CASE WAS INITIATED BY THE CODE ENFORCEMENT CASE, UM, BUILDING WITHOUT A PERMIT FROM THE, THE CITY OF SAN ANTONIO. UM, THAT IS THE LOCATION OF THE EIGHT FOOT FENCE ON THE SIDE YARD. UM, IT DOES NOT GO PAST THE FRONT FACADE. IT IS ONLY ON THE, ON THE SIDE. UM, SO THAT IS THE LOCATION OF IT. ON THE SITE PLAN, THAT IS THE SUBJECT PROPERTY ITSELF. THE FENCE WOULD BE LOCATED TOWARDS THE LEFT OF, BEHIND THOSE BUSHES THAT IS THE FENCE BEHIND THE BUSHES. AS YOU CAN SEE, YOU CAN SEE THEY'VE SEEN FROM THE, THE YARD AND THERE'S THE NEIGHBORING HOME AS WELL. AND THE ALTERNATE VIEW THAT IS THE NEIGHBOR'S YARD, UM, OF THE EIGHT FOOT FENCE. AND THAT IS THE SUBJECT PROPERTY'S YARD FROM THE BACK, THEIR BACKYARD, UM, THAT IS THE REAR YARD OF, OF THE SUBJECT PROPERTY. AND NOTICE THAT THERE IS A POOL IN THEIR REAR YARD. AND THEN STANDING FROM THE OTHER SIDE, YOU CAN SEE THE EIGHT FOOT FENCE TO YOUR LEFT SIDE OF THE SUBJECT PROPERTY AND SOME OF THE SURROUNDING AREAS WHERE NO OTHER EIGHT FOOT FENCES WERE OBSERVED. OKAY. UM, STAFF RECOMMENDS DENIAL OF A TWO FOOT SPECIAL EXEMPTION FROM THE MAXIMUM SIX FOOT FENCE HEIGHT TO ALLOW SOLID SCREEN FENCE TO BE EIGHT FEET TALL ALONG THE SIDE PROPERTY LINE. AND BO O A 22 1 0 3. UM, THAT SHIT'S WRONG. UM, BASED ON THE FOLLOWING, UH, FINDINGS OF FACT, UM, STAFF DO NOT FIND ANY OTHER FENCES IN THE SURROUNDING AREA. SO THE REQUEST APPEARS TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND THERE DO NOT APPEAR TO BE ANY UNIQUE FEATURES EXISTING ON THE PROPERTY. RIGHT. AND JUST FOR CLARIFICATION, THAT'S BO 8 2 2 1 0 3 0 0 1 4 5. YEP. THAT'S RIGHT. UM, OKAY. SO THIS IS THE NOTIFICATION PLAN. UM, SO THERE WERE 32 NOTICES MAILED, UM, FROM MY LAST COUNT. THERE WERE FIVE IN FAVOR WITHIN THE 200 FOOT RADIUS. THERE WERE 16 FROM ASSIGNED PETITION ALL WITHIN THE 200 FOOT RADIUS IN OPPOSITION. UM, AND THERE WAS NO RESPONSE WHEN CONTACTED THE GREAT NORTHWEST COMMUNITY IMPROVEMENT ASSOCIATION. UM, THAT CONCLUDES THAT PRESENTATION AND THE APPLICANT IS PRESENT. ALRIGHT. ALL RIGHT. THANK YOU. AND NOW QUICKLY ON QUESTION THE NOTIFICATION PLAN. UM, WHICH SIDE OF THE FENCE IS, IS THAT WOULD BE, IF YOU WERE LOOKING AT THIS ON THE RIGHT HAND SIDE. SO THE ONE WITH THE X ON IT? YEAH, ON YEAH. THE, THE, THE, YEAH. ALRIGHT. YES, THAT THE ADJACENT PROPERTY. RIGHT. ALL RIGHT. THE CORNER LOT IS THE APPLICANT PRESENT? YES, SIR. UH, IF YOU COULD PLEASE FORWARD, STATE YOUR NAME AND, UH, YOU CAN BEGIN YOUR PRESENTATION QUESTION. UH, QUICK QUESTION. COMMISSIONER ZUNIGA. YES. WHAT IS THE ALTERNATE, UH, THE ALTERNATE, UH, THE STAFF AN ALTERNATE TO, TO DEFENSE RECOMMENDATION? WELL, NO, STAFF DID NOT HAVE AN ALTERNATE. I MEAN, THE ONLY OTHER WAY, THE ONLY OTHER OPTION WHICH IS TO CONFORM TO THE SIX FOOT, JUST GRAB A BUTT SONG AND GET TO IT. . ALRIGHT. THANK YOU, SIR. HELLO, MY NAME IS WILLIAM CUMMINGS. I RESIDE AT 85 0 6 TIMBER PLACE. THIS IS MY WIFE, SHANNON CUMMINGS. NICE TO SEE Y'ALL. THANK YOU FOR TAKING THE TIME TO REVIEW AND LISTEN TO OUR REQUEST, UH, BOARD OF ADJUSTERS, UM, ABOUT THE EIGHT FOOT FENCE THAT WAS CONSTRUCTED, UH, BETWEEN OUR PROPERTIES AT 85 0 6 TIMBER PLACE, AND THE PROPERTY AT 85 0 2 TIMBER PLACE. THE REASON WHY THE FENCE IS UP IN EIGHT FOOT AND APPROVED BY OUR HOMEOWNERS ASSOCIATION, THE GREAT NORTHWEST, WHICH IS ALL THAT SHANNON AND I THOUGHT WE HAD TO DO IN THE FIRST PLACE TO BE ABLE TO OBTAIN PRIVACY. IN THAT PICTURE, YOU CAN SEE A MULTIPLE, UH, UH, EXTENSIVE COLLECTION OF CAMERAS ALONGSIDE THAT HOUSE. RIGHT. AND FLOODLIGHTS. AND FLOODLIGHTS. OKAY. SO BACK FURTHER FROM THAT IS A CAMERA AS WELL. THAT CAMERA VIEWS INTO MY BACKYARD WHERE I HAVE A POOL AND WHERE MY FAMILY LIKES TO TRY TO ENJOY OUR PRIVACY FROM OUR NEIGHBOR. OKAY. OUR WINDOWS. SO THE CAMERA CAN LOOK INTO OUR WINDOWS, IT CAN LOOK INTO OUR BACKYARD, IT CAN LISTEN TO US AT ANY TIME. NOW, DUE TO THE EXTENSIVE, EXTENSIVE COLLECTION OF, UH, UH, FLOODLIGHTS AND CAMERAS THAT WE HAVE THAT HAVE BEEN INSTALLED ON THE SIDE OF THE HOUSE, UM, IT'S BEEN BECOME INCREASINGLY DIFFICULT TO HAVE PEACE IN OUR HOME. UM, IT'S ALSO, UH, THE MOTION SENSOR FLOODLIGHTS FLASH ON AND OFF AT ALL TIMES OF THE NIGHT. UM, THEY'RE SET ON HIGH, UM, AND INTO THE HOURS OF THE, UH, MORNING, YOU KNOW, ONE OF 'EM FLASHES INTO OUR, UH, MASTER BEDROOM ALL NIGHT LONG, [00:40:01] OFF AND ON. OKAY. UM, ON TOP OF, UH, THAT IT MAKES US UNCOMFORTABLE AND SLEEPLESS AT TIMES. OKAY. UM, THE AUDIO, UH, VIDEO, UH, CAMERAS THAT HAVE, UM, THAT SHE HAS ON THE SIDE OF HER HOUSE RIGHT. CAN LOOK INTO OUR BACKYARD AS WE, AS WE'VE STATED AND VIEW EVERYTHING THAT WE'RE DOING. THEY CAN ALSO LOOK INTO OUR WINDOWS ON THAT SIDE OF OUR HOUSE AND LISTEN TO EVERYTHING THAT'S GOING ON. OKAY. UM, THIS MAKES US VERY UNCOMFORTABLE. AND IN ORDER TO GET SOME PRIVACY IN OUR YARD, OUR HOU OUR FAMILIES HAVE BEEN THERE FOR 35 YEARS NOW. SHANNON'S FAMILY BOUGHT THE HOUSE IN 1987. WE INHERITED IT FROM HER PARENTS. SO OUR FAMILIES HAVE LIVED THERE FOR A VERY LONG TIME. THE REASON WHY THE EIGHT FOOT FENCE IS NECESSARY TO US IS FOR PRIVACY. PRIVACY FROM A CAMERA THAT LOOKS IN OUR BACKYARD AND INVADES OUR PRIVACY. AT ANY TIME WE HEAR IT COME ON, WE CAN TELL THAT IT'S LISTENING TO US. AND ALL WE ASK IS FOR PRIVACY. I THINK THAT THE EIGHT FOOT FENCE, THE TWO FOOT EXTENSION THAT IS ON OUR, ON OUR FENCE THAT WE HAVE NOW IS CONSTRUCTED SOUNDLY. AND IT IS THE ONLY WAY THAT WE CAN HAVE PEACE FROM THE PRYING EYES AND, AND LIGHTS OF OUR NEIGHBOR. OKAY. OKAY. AND, UH, JUST QUICKLY DID, YOU HAD MENTIONED THAT YOU GOT APPROVAL FROM THE, FROM THE NEIGHBOR ASSOCIATION. DO YOU HAVE ANY DOCUMENTATION, AN EMAIL, ANYTHING? WE DID, WE, UH, SUBMITTED THAT WITH OUR, UM, DOCUMENTATION, BUT WE HAVE BRI WE HAVE BROUGHT ANOTHER COPY WITH US. THE NEIGHBORHOOD ASSOCIATION APPROVED THIS. RIGHT. AND I KNOW THE NEIGHBORHOOD ASSOCIATION IS NOT PRESENT AT THE MEETING, BUT THEIR APPROVAL LETTER COUNTS AS THEIR APPROVAL OF THIS PROJECT. IF YOU HAVE THAT, UH, IF STAFF CAN'T, UH, FIND IT IN THE RECORDS, IF YOU HAVE A COPY, THEY CAN PROJECT IT, UH, BY JUST PUTTING IT ON THE TABLE OVER THERE. COPY. YEP. UH, WHILE WE'RE WAITING STAFF, UH, IS THERE ANY PUBLIC COMMENTARY SIGN UP TO SPEAK VOICEMAILS? WE HAVE, UH, FOUR SPEAKERS. OKAY. OKAY. GOT IT. WHO DO I HAVE? UH, THEY CAN, YEAH, THEY CAN, THEY CAN PROJECT THAT ON FOR US. OH YEAH, YOU HAVE IT. IT'S ON YOUR SCREEN NOW. IT'S ON THE SCREEN. OH, THERE WE GO. DO WE HANG OUT? ALL RIGHT, THANK YOU. OKAY. SO WHAT WE'RE GONNA DO IS WE'RE GONNA LISTEN TO, UH, PUBLIC, UH, SPEAKERS. SURE. PEOPLE TIME TO SPEAK. AND THEN WE MAY HAVE SOME QUESTIONS FOR YOU. SO LET'S HEAR THE FIRST, UH, PERSON SIGN UP TO SPEAK. OUR FIRST SPEAKER IS MARTHA ROMO. WHEN YOU GET UP THERE, PLEASE STATE YOUR NAME AND ADDRESS. HI, I'M MARTHA ROMO. I'M 85 0 2 TIMBER PLACE. I'M THE NEIGHBOR, DEAR BUDDY NEIGHBOR. OKAY. UM, I HAVE SUBMITTED QUITE A BIT OF THINGS AND, UM, BUT FIRST I'M GONNA, I'M A RETIRED TEACHER AND SENIOR AND SINGLE. THEREFORE I DO OWN MY HOUSE AT THERE AT 85 0 2 TIMBER PLACE. WHAT? I PULLED IT UP AS WELL. WHAT'S THE NAME I HAVE ON YOUR OPPOSITION ON YOUR INFORMATION UP THERE AS WELL? OH YEAH. OH, OKAY. I SENT ALL THIS INFORMATION IN ALL THE OPPOSITIONS, AND I'M GONNA READ SOME OF THEM. MM-HMM. , I AM OPPOSING THE EIGHT FOOT FENCE ERECTED WITHOUT PERMIT BY THE OWNERS AT 85 0 6 TIMBER PLACE. THE, THE EIGHT FOOT FENCE NOW ABUTTING MY PROPERTY, REPLACED A SIX FOOT FENCE. THEY TORE DOWN WITHOUT EVEN ASKING FOR MY PERMISSION. AND I WASN'T EVEN PRESENT. I WAS OUTTA TOWN. UM, THE OF DEFENSE VIOLATES THE UNIFIED DEVELOPMENT CODE 35 3 9 9 0.04, THAT IT CANNOT BE ERECTED UNTIL AFTER AN EXEMPTION IS GRANTED BY THE BOARD OF ADJUSTMENT AND A PERMIT THEN MAY BE ACQUIRED BY THE CITY CODE 10 DASH SIX, WHICH NEITHER OF THESE CONDITIONS HAVE BEEN MET. THE UNIFIED DEVELOPMENT CODE 35 DASH FIVE 14 C PRESCRIBES THE FENCE TO BE RESIDENTIAL FENCE HEIGHTS TO BE SIX FEET AND ADDS FURTHER EXPRESSION THAT STATES THAT THE MAXIMUM PERMITTED FENCE HEIGHTS SHALL NOT EXCEED THAT OF THE MAXIMUM PERMITTED FENCE HEIGHT OF MY ABUTTING PROPERTY, WHICH WAS SIX FEET UNTIL IT WAS TORN DOWN. THE BOARD OF ADJUSTMENT MAILED OUT THE RESIDENCE WITHIN 200 FEET OF THE EIGHT FOOT FENCE. WELL, I REALLY DON'T HAVE TO SAY THIS BECAUSE IT WAS ALREADY TOLD TO YOU THAT, UM, 16 OF 'EM DISAPPROVED. UH, BECAUSE I DID GIVE THEM INFORMATION AS TO THE WHY. IT'S, IT SHOULD BE OPPOSED. I GAVE THEM [00:45:01] THESE CODES AND THEY UNDERSTOOD. THEY UNDERSTOOD THAT THAT'S THE WAY IT WAS. I CANVASSED MANY OF MY NEIGHBORS AND PROVIDED THEM WITH INFORMATION. NOW, UM, I DO HAVE A LETTER HERE. I DON'T KNOW IF, DO YOU HAVE THAT LETTER UP THERE THAT ONE OF THE NEIGHBORS SENT? ACTUALLY, THIS NEIGHBOR LIVES IN FRONT OF THEM AND HE HAS BEEN OBSERVING THEM FOR QUITE A WHILE. AND THAT'S, UH, MR. RUBEN. I CAN PROJECT IT. OH, BUT I CAN'T READ IT. YOU CAN READ IT FIRST. OKAY. I'LL READ IT FIRST. OKAY. IT WAS OCTOBER 12TH, 2022. HE SUBMITTED THIS TO HIM. IT MAY CONCERN, HE SAID IT SO WELL IN HOW THE NEIGHBORS FEEL THAT ARE SURROUNDING THESE NEIGHBORS. MY NAME IS REUBEN PINA, MY WIFE AND I ROBIN PINA ON THE HOME AT 85 0 7 TIMBER PLACE. I AM WRITING THIS LETTER ON BEHALF OF MARTA ROMO. WE MOVED TO LEAGUE CITY, TEXAS, BUT CURRENTLY RENT OUR OUT HOME TO TENANTS. BEFORE OUR MOVE IN LATE JUNE, WE WITNESSED THE BUILDING OF A FENCE THAT LOOKED UNUSUAL, MORE THAN SIX FEET HIGH BY OUR NEIGHBORS ACROSS THE STREET. IT WAS AN ACT OF DEFIANCE RATHER THAN NECESSARY. I HAVE WITNESSED THE NEIGHBORS WITH THE TALL FENCE ATTEMPT TO IMITATE, INTIMIDATE MARTHA BY PLACING A BENCH ON THE BORDER OF HER YARD AND SIT OR EVEN FACE HER BENCH TO LOOK DIRECTLY AT HER HOME. IT IS INAPPROPRIATE, ESPECIALLY SAYS MARTHA IS A WOMAN WHO LIVES ALONE. THEIR BEHAVIOR BE DISRESPECTFUL AND AND INTIMIDATING TOWARDS MARTHA. MY WIFE AND I HAVE DISCUSSED AN INAPPROPRIATENESS OF NEIGHBORS BEHAVIOR. THEY HAVE BUILT BARRIERS AND CREATE FRICTION IN WHAT IS A QUIET NEIGHBORHOOD. SO I HAVE OTHER PICTURES, I HAVE OTHER INFORMATION, BUT WHEN, WHEN I PUT UP, WHEN I PUT UP THE, THE CAMERA, THERE'S ONLY ONE CAMERA ACTUALLY ON THIS SIDE. WHAT DOES THAT MEAN? YOUR TIME IS UP. YEAH, I'M SORRY. OKAY. TO BE CONTINUED. UNLESS, UNLESS SOMEONE WOULD LIKE TO SEE, SEE TIME. T YES. SOME MY SISTER IS, SHE'S THE NEXT, I THINK NEXT SPEAKER IS MARIA ROMO. THAT'S CORRECT. OKAY. SO IF YOU'D LIKE TO GIVE YOUR TIME TO HER, YOUR SISTER. OKAY. SO THERE YOU GO. OKAY. PLEASE CONTINUE. THANK YOU. SO WITH THIS, I MEAN, IT SAYS IT ALL AND YOU WANT THE LETTER, HE ACTUALLY SENT IT DIRECTLY TO HIM. UM, THE PICTURE SAYS THAT, UM, WELL, OKAY, THEY SAY THAT I HAVE ALL THESE CAMERAS AND ALL THESE, UH, YOU SAW THERE WAS ONLY ONE MOTION DETECTOR, SENSOR DETECTOR. THAT SENSOR DETECTOR IS ACTUALLY CLOSE TO THEIR KITCHEN. AND, AND THEY, UM, AND THE OTHER ONE, I PUT THE CAMERA ONE DAY. AND, UH, BECAUSE I FOUND NAILS ON THE DOOR OF, OF THAT AREA AND I DECIDED, OKAY, I'M GONNA GO AHEAD AND FIND OUT. I CAN'T ACCUSE HIM, SO I'M GONNA HAVE TO GO AHEAD AND FIND OUT WHAT I HAVE TO DO. SO I PUT A CAMERA BECAUSE I DIDN'T WANNA ACCUSE ANYBODY. THERE WERE, UM, SO I HADN'T EVEN ADJUSTED ANYTHING. BUT THEY DECIDED, AND I THINK I SENT THOSE PICTURES. UH, THEY DECIDED TO SHOOT THE FINGER AT ME, UH, SAY THE F WORD TO THE CAMERA AND ACTUALLY SAID MY NAME. SO OF COURSE THAT IS A TEXAS PENAL CODE. AND THEY WERE ISSUED, THEY WERE ISSUED TICKETS BECAUSE OF THAT. UH, THEY'VE BEEN A NUISANCE. AND THAT'S THE ONLY CAMERA THAT I HAVE. AND THAT, BUT IT'S ALSO, I HAD THE SAFE OFFICER COME IN AND HE, UM, HE IS CHECKED MY WHOLE HOUSE. I SHOWED HIM WHAT I WAS SEEING. HE SAYS THAT THAT'S PERFECTLY FINE. 'CAUSE EVERYTHING IS FACING DOWN. NONE OF IT IS FACING THEIR HOUSE. SO HE APPROVED IT. AND IF YOU EVER WANT TO TALK TO HIM, HIS OFFICER HENRY, HE SAID, WELL, HE'D BE VERY HAPPY TO TALK TO YOU ABOUT THAT BECAUSE IT'S, UM, IN COMPLIANCE. UM, THEY, THEY HAVE DONE ALL SORTS OF STUFF. THIS I DO HAVE THE, ALL THAT. AND THEN THEY TALK ABOUT PRIVACY. WELL, I HATE TO TELL [00:50:01] YOU, BUT THERE'S STILL PRIVACY AROUND. I WAS, THEY SELECTED ME JUST BECAUSE, OH, WHEN I PUT UP THE FENCE, LEMME JUST BACK UP A LITTLE BIT. WHEN I PUT UP THE CAMERA THERE, AND IT'S OUTSIDE OF MY HOUSE AND, AND THEIRS, IT'S ACTUALLY BY THE DOOR. SO I CAN SEE WHO'S THERE. WELL, UM, A POLICE OFFICER WAS SENT BECAUSE THEY PUT FLIGHT LIGHTS. THEIR THINKING WAS, OH, LET'S PUT FLOODLIGHTS JUST TOWARDS HER THAT STAYED ON ALL NIGHT. AND THAT WAY, UM, THEY THINK IT'S DAYTIME. WELL, THE POLICE OFFICER TOLD ME, THEY TOLD THE, HE TOLD THEM, BECAUSE THEY HAVE NO CURTAINS, NO MUNITION BLINDS ON ANY OTHER WINDOWS. THAT'S WHY THEY'RE BEING BOTHERED ABOUT, UM, YEAH. SEE THAT ONE IS A FLOODLIGHT THAT HAS NOTHING AND IT'S FACING DOWN, NOT POINTING TOWARDS THEIR HOUSE LIKE IT'S SUPPOSED TO. AND NEITHER IS THE CAMERA. THE ONE BEFORE THAT. THE CAMERA. NOW THAT'S NOT A FLOODLIGHT, THAT'S NOTHING. AND THERE'S WAY DOWN THERE, BUT THEIR HOUSE IS WAY UP HERE. SO IT HAS NOTHING TO DO WITH IT. AND THE CAMERA DOESN'T PICK UP ANYTHING OF THEIR SWIMMING POOL. NOT AT ALL. SO THEY, WELL, I WENT AROUND AND I TOOK PICTURES OF THE HOUSES AROUND. I DON'T KNOW IF YOU CAN PROJECT THESE, UM, THESE HOUSES ARE IN BACK OF THEM. OH, THAT'S BEHIND ME. OKAY. THAT'S BEHIND ME. TELL ME IF I HAVE PRIVACY. NO, THERE'S ACTUALLY A BIG WINDOW, A TWO STORY HOUSE. THEY CAN SEE EVERYTHING I DO. THIS IS, SEE THAT, THAT'S THEIR EIGHT FOOT FENCE. THERE'S A, THE, THEIR NEIGHBOR BEHIND THEM HAS THIS BIG FLOODLIGHT RIGHT THERE ON THEM. I THINK IT'S A CAMERA TOO. THAT'S THE SAME ONE. AND THE NEIGHBORS NEXT TO THEM ARE TWO STORY. THEY CAN SEE EVERYTHING WITH THOSE LIGHTS. SO THE PRIVACY, WHY? JUST ME. WHY ARE YOU PICKING ON ME? OKAY, THAT'S THE POLICEMAN. SEE HOW THEY PUT THOSE FLOODLIGHTS? JUST BECAUSE I PUT MY LIGHT, MY, MY CAMERA. THE CAMERA IS OUTSIDE AND EVERYTHING'S FACING DOWN. GO BACK TO THE ONE WITH THE POLICEMAN, PLEASE. SEE THE LIGHT, THE FLOOD LIGHT OVER THERE AT THE END. MA'AM, IT LOOKS LIKE IT'S BLACK. YOUR TIME IS UP AGAIN. IT'S AGAIN. IS THERE SOMEONE ELSE THAT THERE IS ONE MORE PERSON. CAN YOU PROVIDE YOUR NAME TO STAFF PLEASE? LIA KIA. SHE'S THE NEXT ON THE LIST. ALRIGHT, GO AHEAD. OKAY, THANK YOU. SO, UM, IF YOU CAN SEE, THERE'S NO, NO LIGHTS ON THE OTHER SIDE. NOTHING, EVERYTHING. THAT'S THEM PUTTING FLOODLIGHTS ON MY BEDROOM. BUT YOU KNOW WHAT, I HAVE CURTAINS AND I HAVE FINISHING BLINDS AND I, IT DIDN'T BOTHER ME ALL NIGHT AT ALL. SO, YEAH, SEE HOW THE LIGHTS ARE DOWN? EVERYTHING'S DOWN. THEY WERE, THAT'S THEIR FLOODLIGHT IN THE MORNING. THEY FORGOT TO TURN IT OFF. SO, YEAH. AND THEN THERE WAS, UH, ANOTHER THING, ANOTHER INCIDENT. THEY WANTED TO BE A NUISANCE. CONTINUE BEING FOR LIABILITY'S SAKE. UH, HERE'S ANOTHER PICTURES. THEY THINK I DID IT, BUT I'M JUST GONNA SURPRISE THEM BECAUSE, UH, THEY DON'T SPEAK TO ME VERY NICELY. THIS LITTLE PIECE. WELL ACTUALLY THE DRACO TOOK IT OFF. I DID NOT, HE KNEW IT VIOLATED BECAUSE OF LIABILITY AND THEY'RE CONSTANTLY PUTTING STUFF THERE. UM, JUST TO SHOW ME THAT THAT'S THEIR PROPERTY TOO. THEY'RE JUST BEING A NUISANCE WITH ME CONSTANTLY. AND THEN THERE WAS THIS, THE LINT, THEY'RE ALWAYS IN MY BUSINESS. IT'S UNFORTUNATE. THERE WAS ALWAYS ALSO THE LINT SITUATION WHERE THIS GUY CAME AND CLEANED UP BY THE LINT, THE CHIMNEY. AND THERE HE IS ON THE LEFT TALKING TO HIM, TELLING HIM HE DIDN'T WANT LINT. BUT YOU KNOW WHAT? WELL, HE WAS IN LIABILITY. UH, UH, HE WAS IN, UM, SORRY, NOT LIABILITY. UNLAWFUL IS TO HAVE THE DOG WITHOUT A LEASH. AND HE WAS RIGHT THERE IN MY PROPERTY. AND HE'S, UH, THE GUY FROM THE LINT PLACE. HE SAID, THE CHIMNEY PLACE. HE SAYS, THAT'S TERRIBLE. HE TALKED TO YOU SO LOW AND YOU DIDN'T DESERVE THAT. I, I WAS JUST, AND HE DIDN'T WANT LT ON HIS YARD. I, I DON'T KNOW HOW YOU CAN PREVENT THAT. HOW YOU CAN NOT LET THE LINT FLY. IT'S NORMAL. SO BASICALLY WHAT I'M ASKING YOU IS TO PLEASE, UH, I REQUEST THE APPLICATION FOR THE EIGHT FOOT FENCE BE DISAPPROVED AND THAT THE OWNERS BE FINED OR CITED FOR ERECTING AN EIGHT FOOT FENCE WITHOUT PERMIT AND CO COMPLIANCE. FINE THAT AND FIND [00:55:01] THEM FOR EVERY DAY OF THE EIGHT FOOT FENCE THAT ABUTS MY PROPERTY. THANK YOU FOR LISTENING. THANK YOU. UH, WE HAVE ONE MORE CITIZEN SIGN UP TO SPEED. YES. YES. NEXT ONE IS RICHARD MACIAS. PLEASE STATE YOUR NAME AND ADDRESS WHEN YOU GET UP THERE. YES, SIR. UM, MY NAME IS RICHARD MACIAS. I RESIDE AT 85 11 TIMBER PLACE. UH, THE REASON I'M AGAINST IT IS BECAUSE HE PUT IT UP FOUR MONTHS BEFORE HE GOT A PERMIT. AND HE HASN'T GOT NO PERMIT. OKAY. HE MIGHT'VE GOTTEN, UH, UH, OKAY FROM THE, UH, OUR COMMUNITY ASSOCIATION, BUT HE FAILED TO TELL Y'ALL THAT THERE'S A CLAUSE THERE. COULD YOU SHOW THIS WHERE IT SAYS IT'S THE OWNER'S RESPONSIBILITY TO CHECK WITH CODE COMPLIANCE IF IT MEETS THE CODE? I MEAN, WE, HE'S HAD IT FOR FOUR MONTHS AND LIKE MS. ROMO SAID, NO FINE OR ANYTHING. IF THIS COMMITTEE APPROVES THIS, YOU'RE TELLING THE COMMITTEE OF SAN ANTONIO THAT THEY CAN BUILD ANYTHING AND THEN FILE, UH, FOR A PERMIT. I WILL, WE HAVE AN ASSOCIATION MEETING THURSDAY. I WILL, UH, TALK AT THE MEETING BECAUSE THEY SHOULD HAVE ASKED BOTH SIDES AND THE COMMUNITY JUST LIKE Y'ALL DID. IF IT WAS, UH, IF THEY APPROVED THE, THE EIGHT FOOT FENCE, THEY DIDN'T ASK ANYBODY. YOU KNOW, WHEN PEOPLE FOUND OUT WHEN THIS CAME OUT AND THAT'S NOT RIGHT. WE APPROACHED THE ASSOCIATION, UH, RECCO GUY. HIS RESPONSE WAS, OH, I SHOULD HAVE DONE THAT. I MEAN, THAT'S NOT RIGHT. THINGS HAVE TO, UH, PEOPLE HAVE TO FOLLOW CITY RULES OR WHAT GOOD ARE THEY, YOU KNOW? THANK YOU. THANK YOU. WE GOT IT. THAT'S ALL THE PUBLIC COMMENT. ALL RIGHT. THANK YOU. WE'RE GONNA SEE IF WE HAVE ANY COMMISSIONER QUESTIONS, UH, FOR EITHER OF THE, UH, SPEAKERS OR THE APPLICANT. ANY COMMISSIONER QUESTIONS? MINKA, COMMISSIONER MINKA? UH, I JUST HAVE ONE FOR THE, THE PEOPLE WHO ARE, UH, THE LADY WITH THE CAMERAS. SO, UH, YES MA'AM. YOU CAN, UH, COME BACK UP. AND YOU MEAN THE NEIGHBOR? NO, WE'RE, UH, WE'RE GOING WE'RE WE HAVE QUESTIONS. UH, HE HAS A QUESTION FOR YOU. COMMISSIONER HAS A QUESTION FOR YOU. GO AHEAD. UH, THE QUESTION I HAVE IS THAT WHEN YOU SET UP THOSE FLOODLIGHTS AND ALL THAT, AND DID THEY COME OVER AT ONCE AND, OR AT LEAST ONCE AND TRY TO TALK TO YOU AND SAY, CAN YOU SHADE THOSE CAMERAS OR MOVE 'EM, OR THE FLOODLIGHTS EVEN, YOU KNOW, 'CAUSE THE FLOODLIGHTS JUST SPREAD EVERYTHING AROUND RIGHT. IN A CORDIAL WAY TO, UH, TRY TO WORK WITH YOU. RIGHT? YEAH. THANK YOU. MM-HMM. . OKAY. ANY OTHER QUESTIONS? SO DO YOU, MR. ZUNIGA? YES. UH, I DON'T KNOW IF YOU WILL FLIP THE LETTERS AND THE LETTERS FROM A CITY COUNCIL PERSON WHO, WHO'S YOUR QUESTION? DO WE NEED TO ASK SOMEBODY TO COME UP TO THE PODIUM? SIR, CAN WE, UH, CAN WE PUT UH, THE LETTER UP AGAIN? IT'S SOMEONE THAT WAS DIRECTED TO COUNCIL COUNSELOR BERDA. YEAH. WELL, HE WAS FLIPPING THEM THROUGH THERE. WE SHOULD PUT A FOCUS PROFESSIONALLY. THAT'S THE GREAT NORTHWEST LETTER. WE'RE LOOKING FOR THE ONE, UM, THE CITY. NOT SO FAR. IT, IT'S NOT FROM THE CITY COUNCIL PERSON. IT WAS DIRECTED TO THE CITY COUNCIL PERSON. MANNA, HOLD ON. YOU HAD IT UP WHEN YOU WERE, UM, GOING THROUGH THE NEIGHBOR'S LETTERS THAT WERE SUBMITTED. COMMISSIONER ZUNIGA IS YOUR QUESTION. UH, DO WE NEED TO HAVE SOMEONE COME UP TO THE, TO THE PODIUM? IS YOUR QUESTION FOR STAFF? OH, DO YOU NEED SOME HAVE A QUESTION FOR YEAH, FOR STAFF. IT'S FOR STAFF. OKAY. LETTER UP. YEAH. I'M SORRY YOU DIDN'T, IT'S A LETTER THEM IT'S AN A LETTER IN OPPOSITION, BUT IT WAS DIRECTED TO THE COUNCIL OFFICE. CORRECT. BUT IT'S NOT FROM THE COUNCIL OFFICE. IT WAS DIRECTED TO THE COUNCIL OFFICE. BUT WE GOTTA GIVE THE RESPECT TO THE COUNCIL PERSON. YES, SIR. YES, SIR. IT WAS DIRECTED. AND SO YOU CAN SEE WHERE IT'S SAYING, DEAR REPRESENTATIVE, HAVE TO THEIR WRITING TO LET HER KNOW. YES, EXACTLY. MM-HMM. [01:00:01] . MM-HMM. . OKAY. THANK YOU, COMMISSIONER AMANDA. SO, SO MY TAKE ON THIS FOR STAFF, UM, IS THAT THE COUN THE COUNCIL DIDN'T HAVE A POSITION ONE WAY OR THAT THEY JUST FORWARDED THE NOTE THAT WAS PROVIDED TO THEM, CORRECT? CORRECT. OKAY. UH, THIS QUE YEAH, THIS QUESTION'S FOR THE APPLICANT. SO, UM, SO IS THERE A POOL IN THE BACKYARD? UM, AND I GUESS HOW LONG HAS THAT POOL BEEN THERE? AND, AND THEN, UH, WHERE'S IT LOCATED IN THE YARD ITSELF? SO, YES, THERE IS A POOL IN THE BACKYARD. IT IS AN ABOVE GROUND POOL. UM, IT'S BEEN THERE FOR, UH, ROUGHLY ALMOST TWO YEARS. ABOUT TWO YEARS SINCE, UH, 2020. UM, IT IS LESS THAN 4,500 GALLON POOL. UM, AND, YOU KNOW, THAT IS PART OF THE PRIVACY REQUESTS THAT WE HAVE. SO I, I, I'M WONDERING TOO, IF WE GET A CHANCE TO, UM, REBUT EVERYTHING THAT WAS SAID AFTER YOU'LL HAVE AN OPPORT TO, TO DO THAT. BUT WE'RE GONNA GO THROUGH SOME QUESTIONS SO THAT WAY YOU'LL HAVE A FULL, UH, CIRCLE OF, OF WHAT SORT OF, UH, UH, ISSUES THAT WE HAVE, QUESTIONS FOR STAFF. UM, SO WITH REGARDS TO, UM, UM, A POOL IN THE BACKYARD, DOES IT, UH, WITH REGARDS TO THE NUDE, UH, UM, I GUESS DIALOGUE COMING THROUGH WITH REGARDS TO, UH, CODES AS FAR AS AN EIGHT FOOT FENCE PERMITTED WITH A POOL IN THE BACKYARD, DOES THAT, UM, APPLY AT THE END OF THE YEAR OR DOES IT NOT APPLY FOR, UM, UH, ABOVE GROUND POOLS? DO YOU KNOW WHAT THE RULINGS ON THAT WILL BE? CORRECT. AGAIN, SO THAT WOULD BE EFFECTIVE JANUARY, 2023, AND THEY WOULD NEED TO MAKE APPLICATION OF COURSE. AND, BUT THEN IF IT IS CODIFIED THAT IT'S ALLOWED TO HAVE AN EIGHT UP TO AN EIGHT FOOT FENCE, IF YOU HAVE A POOL IN YOUR BACKYARD, THEN IT WOULD JUST GO THROUGH THE PERMITTING PROCESS. AND THEN, UM, WITH REGARDS TO JUST CLARIFYING ON THAT AS WELL, IF THERE IS, UM, WE'LL SAY A, UM, HOMEOWNERS ASSOCIATION, H O A, UH, DIALOGUE WITH REGARDS TO THE HEIGHTS OF THE FENCE, THAT WOULD BE CARRIED OUT AGAIN, THE CITY WOULD PERMIT IT, BUT MAYBE NOT NECESSARILY THE H O A, UM, WOULD THEY HAVE A WAY IN THERE AS WELL? CORRECT. UM, I GUESS FOR, FOR NEIGHBORHOOD ASSOCIATIONS OR H HOAS, THEY HAVE THEIR OWN COVENANTS. AND SO IF IT'S SOMETHING THAT THEY, UM, NEED TO AMEND THEIR OWN COVENANTS TO MAKE SURE THAT FENCES ARE ONLY SIX FEET, OR, YOU KNOW, IT IS GONNA DEPEND ON WHAT THAT NEIGHBORHOOD WANTS FOR THEIR COMMUNITY. OKAY. THANK YOU. ALRIGHT, ANY OTHER COMMISSIONER QUESTIONS? NO. COMMISSIONER ALBERT? YEAH, I HAVE A QUESTION FOR MS. ROMA. DO WE STAND? YES. YES. IF YOU COULD COME UP PLEASE. THANK YOU, MA'AM. I, YES, SIR. I UNDERSTAND, UM, THAT YOU HAVE PROBLEMS WITH THE, THE LEGALITY, THE, THE PERMITTING PROCESS, THE ALLOWABLE, YOU KNOW, OF THIS FENCE. UM, BUT DO YOU HAVE ANY, UH, THE DAMAGES THAT HAVE RESULTED BECAUSE OF THIS FENCE, UH, PROPERTY VALUES, LACK OF SUNLIGHT, UH, ET CETERA? YES. I, I FEEL, YEAH. SHOULD ANYTHING HAPPEN TO A NEIGHBOR FURTHER, I WOULDN'T BE ABLE TO ASSIST THEM, UM, OR BE AWARE OF WHAT'S GOING ON. I CANNOT, UH, AND I, I LIKE THE UNIFORMITY OF THE WHOLE NEIGHBORHOOD FOR EVERYBODY TO BE THE SAME. AND WHY ARE WE GONNA START MAKING EXCEPTIONS TO THE RULES? AND, UH, THEY JUST BECAUSE THEY HAVE IT AGAINST ME, BECAUSE LIGHTS, BECAUSE PRI I LIKE PRIVACY TOO, BUT I HAVE, THEY, WE HAVE NEIGHBORS THAT THEY'RE A TWO FOOT, TWO, TWO STORY HOUSE AND THEY CAN SEE OVER MY FENCE. I NEVER TELL 'EM ANYTHING. I UNDERSTAND THAT IF I WANT PRIVACY, I GO INSIDE MY HOUSE. IF I WANT PRIVACY, OTHER THAN THAT, I DON'T BOTHER WITH THE NEIGHBORS. THANK YOU, MA'AM. YOU'RE WELCOME. UH, WHY DON'T YOU STAY UP? UH, COMMISSIONER TEAL, MS. MS. ROMO? YEAH, WE HAVE SOME QUESTION, QUESTION FOR YOU. SURE. UH, RELATIVE TO THE DIALOGUE WE JUST HAD, THERE ARE SOME UPCOMING, UH, U D C AMENDMENT CHANGES, UH, ONE OF WHICH BEING IF THERE IS A POOL IN THE BACKYARD, THEY WOULD ALLOW, BE ALLOWED AN EIGHT FOOT FENCE BY RIGHT? UH, THAT WOULD GO INTO EFFECT JANUARY 1ST. SO RELATIVE TO THAT, WOULD YOU BE, ARE YOU, I MEAN, ULTIMATELY THAT PUTS YOU IN THE EXACT SAME SITUATION YOU'RE IN NOW. I'M JUST CURIOUS AS TO YOUR FEELINGS ON THAT. IF, IF IT WOULD'VE DONE, BEEN DONE LEGALLY, LIKE I DO EVERYTHING LEGALLY. I, AND THIS WAS DONE WAY BACK IN APRIL, I, I WOULD SAY YES, BUT IF THEY WANTED PRIVACY, THEY SHOULD HAVE GONE ALL THE WAY AROUND. IF THEY HAVE A POOL TOO, AT THAT POINT, O OKAY. WHY ARE THEY JUST PICKING ME? OKAY, THANK YOU. SO I HAVE A, MY QUESTION, MA'AM. SO MY QUESTION IS, SO THEY WERE, IF THEY WERE FORCED TO KNOCK THIS DOWN TO SIX FEET, IF THEY WERE FORCED TO KNOCK THIS DOWN TO SIX FEET AND THEN TWO MONTHS FROM NOW, THEY COULD PUT IT RIGHT BACK AT EIGHT FEET, THAT'S OKAY. 'CAUSE IT'LL BE LEGAL. YOU DON'T HAVE A PROBLEM WITH THAT. IF, IF IT'S UM, IF IT'S, UH, [01:05:01] DONE ALL AROUND THAT, IT DOESN'T HAVE TO BE. WELL, YES, I AM OPPOSING IT. OKAY. BECAUSE THEIR GRIPE THANK YOU. THANK YOU. IS PRIVACY, AND I UNDERSTAND, I THINK I GIVE THEM ALL THE PRIVACY. YES, MA'AM. THANK YOU. I HAVE A QUESTION FOR THE APPLICANT. OKAY. YES, SIR. OKAY. SO JUST TO MAKE SURE WE'RE, WE'RE CLEAR, UH, JUST SO YOU KNOW, CITY COUNCIL IS, IS, UH, VOTING THIS MONTH ON, ON A NUMBER OF U D C AMENDMENTS. ONE OF THEM WOULD ALLOW BY RIGHT, AN EIGHT FOOT FENCE IF YOU HAVE A POOL IN YOUR YARD. YES, SIR. SO THAT MEANS THAT WHATEVER HAPPENS TODAY ON JANUARY ONE, YOU WILL MOST LIKELY BE ABLE TO DO EXACTLY WHAT YOU'RE DOING NOW AND IT'LL BE COMPLETELY FINE. BUT WHAT MY QUESTION FOR YOU IS, UH, WHY DIDN'T YOU PUT IT ON ALL THREE SIDES? WHY ONLY THIS ONE SIDE? CAN YOU PLEASE, UH, UH, GO INTO DETAIL ON THAT? SO WITH THE FACT THAT WE HAVE THE EIGHT FOOT, THE POOL IN THE BACKYARD, RIGHT? THAT WAS PART OF THE REASON. IT WASN'T JUST BECAUSE OF THE POOL IN OUR PRIVACY, MS. ROMA CAN ALSO STEP OUT ON HER BACK DECK, WHICH IS HIGH AND SEE OVER OUR FENCE. AND PART OF THE REASON FOR THIS FENCE GOING UP IS BECAUSE OF THE INVASION OF PRIVACY. IT'S MORE THAN ONE WAY SHE CAN SEE OVER THAT FENCE INTO OUR YARD, INTO OUR POOL WHEN WE'RE TRYING TO HAVE PRIVATE TIME. AND SO YOU DON'T HAVE THIS ISSUE WITH THE OTHER SIDES OF YOUR REAR YARD? WE HAVE NOT HAD THAT ISSUE WITH OUR OTHER NEIGHBORS. I, I'M SORRY. SHE WOULD LIKE TO SAY SOMETHING. YES, MA'AM. WHEN WE WENT TO THE H O A TO HAVE THIS APPROVED, THEIR REQUIREMENT WAS THAT WE ONLY DID IT ON THAT ONE SIDE. SO, BECAUSE THAT WAS THE ISSUE THAT YOU HAD STATED, OKAY, WE, WE DID WHAT WE WERE ALLOWED TO DO. AND ASSUMING THAT WAS ALL WE HAD TO DO, AND THE PICTURE WITH, WITH, WITH Y'ALL SHOOTING A FLOODLIGHT INTO HER YARD, WHAT, WHAT IS THAT ABOUT? SO I REMEMBER WHEN WE FIRST STARTED THIS, UH, HEARING, YOU KNOW, Y'ALL TALKED ABOUT, UH, NOT, UM, BEING A, UM, YOU KNOW, A BACK AND FORTH TYPE OF, HE SAID, SHE SAID, AND THAT'S REALLY WHAT THAT'S GETTING INTO RIGHT THERE, THERE IS A WHOLE SLEW OF THINGS THAT GO ALONG WITH THIS AND YOU CAN LISTEN TO WHAT SHE HAS PRESENTED. AND WE ALSO HAVE A PUBLIC RECORD OF THINGS THAT WE HAVE ALSO CALLED ON. WE REALLY JUST WANNA SHINE THE LIGHT ON THE FACTS OF WHAT IS GOING ON AND THE REASON AND THE PURPOSE FOR OUR OFFENSE. AND IT IS FOR PRIVACY FROM THAT. OKAY? NOW THAT BEING SAID, THE PICTURES THAT YOU SAW FROM THAT CAMERA WERE OUT OF FRUSTRATION FROM SHANNON AND I RIGHT? I, I UNDERSTAND. SO IF THERE'S NO OTHER QUESTIONS, WE'RE GONNA GIVE YOU AN OPPORTUNITY TO PROVIDE A CLOSING STATEMENT BEFORE WE ENTERTAIN A MOTION. SURE. HEARING NONE, GO AHEAD AND, UH, TAKE A, TAKE A GOOD MINUTE AND LET US KNOW. ANYTHING ELSE YOU'D LIKE US TO, UH, TO BE AWARE OF? YES, SIR. SO AS, UH, WE HAVE STATED BEFORE, RIGHT, THE EIGHT FOOT FENCE IS THE ONLY WAY TO GET PRIVACY FROM MS. ROMO, SO PEACE AS WELL, RIGHT? SO THE LIGHTS THAT SHE'S SAYING THAT DO NOT FLASH INTO OUR YARD, SHE'S CHANGED ANGLES ON THOSE AND THEY HAVE, IT HAS BEEN YEARS. MATTER OF FACT, THAT ONE THAT YOU CAN SEE ON THE SIDE OF THE HOUSE RIGHT THERE, SHE REMOVED BECAUSE OF THE CONVERSATION THAT I HAD WITH HER TELLING HER THAT IT FLASHED IN OUR WINDOW AND KEPT US UP AT NIGHT. AND SHE JUST STATED THAT WE NEVER TALKED TO HER ABOUT THAT. LIKE I SAID, THIS IS A BACK AND FORTH OF HE SAID, SHE SAID, WE JUST WANT PRIVACY. OKAY? WE JUST WANT PEACE FROM THAT CAMERA AND WE DON'T WANT ANYONE LOOKING INTO OUR PRIVATE BACKYARD. YES, SIR. THANK YOU VERY MUCH. SO WITH THAT, I'M GONNA CLOSE PUBLIC HERE. YES. REAL QUICK, IF I CAN, UH, CLARIFY SOMETHING. THE U D C AMENDMENT, THAT EIGHT FOOT FENCE IS ONLY FOR AN IN-GROUND POOL. OKAY? AND THEN DOES NOT, DOES THAT INCLUDE HOT TUBS? HOT TUBS OR IN GR UH, INGROUND POOLS. SO IF THEY HAD AN ABOVE GROUND HOT TUB, THAT'S OKAY, BUT NOT AN IN-GROUND POOL. THE WAY THE U D C READS RIGHT NOW, A SWIMMING POOL IS CONSIDERING ACCESSORY DWELLING OR ACCESSORY STRUCTURE THREE FEET OR MORE IN GROUND. ALRIGHT, SO THERE IS A HEATER ON THAT POOL IF YOU WANT TO CALL IT A HOT TUB. THANK, THANK YOU VERY MUCH. SO WITH THAT, I'M CLOSING THE PUBLIC HEARING. UH, IS THERE A COMMISSIONER LIKE TO MAKE A MOTION DEAL? COMMISSIONER STEEL REGARDING CASE NUMBER BO O A DASH 22 DASH 0 3 0 0 1 4 5. I MOVE THAT THE BOARD OF ADJUSTMENT GRANTOR REQUEST FOR TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT HEIGHT TO ALLOW A SOLID SCREEN FENCE TO BE EIGHT FOOT TALL ALONG THE SIDE PROPERTY LINE SITUATED AT 8 5 0 6 TIMBER PLACE APPLICANT BEING WILLIAM CUMMINGS. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND THE PURPOSE OF THE CHAPTER. THE U D C STATES, THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR FENCE HEIGHT MODIFICATION. THE ADDITIONAL FENCE HEIGHT WAS OBSERVED UPON THE SITE VISIT, AND IF GRANTED STAFF FINDS THE REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND THE PURPOSE OF THE ORDINANCE. B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THESE CRITERIA ARE REPRESENTED BY FENCE HEISTS TO PROTECT RESIDENTIAL PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY. THE FENCE IS LOCATED ALONG THE SIDE OF THE PROPERTY LINE AND IS EXCEEDING THE MAXIMUM HEIGHT REQUIREMENT [01:10:01] BY TWO FEET. THE FENCE IS COMPLETELY SOLID SCREEN TO WHICH STILL SERVES THE PUBLIC WELFARE AND CONVENIENCE. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE FENCE WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT PROPERTY AND IS UNLIKELY TO SUBSTANTIALLY INJURE ANY NEIGHBORING PROPERTIES. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE ADDITIONAL HEIGHT FOR THE SECTION OF SIDE YARD FENCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. THE CURRENT ZONING PERMITS, THE CURRENT USE OF A SINGLE FAMILY HOME THAT REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. END OF MOTION. IS THERE A SECOND? SECOND, SECOND. COMMISSIONER, MAN. COMMISSIONER TEAL. I'LL BE IN SUPPORT OF THIS. UH, IT SEEMS LIKE THERE'S A LOT GOING ON. SOMETIMES GOOD FENCES MAKE GOOD NEIGHBORS. UH, I ALSO FEEL THAT WITH THE POOL, UM, AND, YOU KNOW, IT'S IMPORTANT TO HAVE A, A LEVEL OF PRIVACY AND I THINK THIS MIGHT, UH, QUELL SOME OF THE ISSUES GOING ON BETWEEN THE TWO ADJACENT PROPERTIES. COMMISSIONER MANNE? UM, YEAH, I WILL BE SUPPORTING THIS AS WELL. UM, I AM DISAPPOINTED. YEAH, I LIVE IN A COMMUNITY WITH CHAIN LINK FENCES THAT ARE FOREFOOT. SO, YOU KNOW, WE REALLY, BACKYARDS REALLY ARE NO PRIVACY, SO PEOPLE PUT UP BUSHES AND THINGS LIKE THAT TO ACTUALLY PROVIDE IT. BUT, UM, YOU, THERE IS A POOL COMING IN OR THERE IS A POOL ENGAGED IN THIS DIALOGUE. AND SO I KNOW THAT IN THE PAST WE'VE TALKED ABOUT POOLS AND, AND WITH THAT, PROVIDING PRIVACY FOR IT. UM, YOU KNOW, ALSO, YOU KNOW, THERE ARE, THERE IS DIALOGUE IN, UH, THE U D C WITH REGARDS TO, UH, LIGHT EGRESS FROM YOUR PROPERTY AND, AND HOW MUCH IS REALLY PERMITTED AND WHEN VIOLATIONS OCCUR. SO, SO IT'D BE GOOD FOR BOTH NEIGHBORS TO BE AWARE OF THAT AS WELL. SO, UH, I'LL BE ONE IN FAVOR. THANK YOU. UH, ANY OTHER COMMISSIONERS? COMMISSIONER MINCHA? UH, I WILL NOT BE SUPPORTING IT. UH, THE EVIDENCE PRESENTED FROM THE NEIGHBORS AGAINST IT AND THE ONGOING, UH, ATTEMPTS BY THE NEIGHBOR TO PRESENT IN GOOD FAITH WHAT SHE WAS TRYING TO DO AND HER OUTCOME OF THIS AND THE BEHAVIOR OF SUCH THINGS, I WILL NOT BE SUPPORTING IT. ALL RIGHT. ANY OTHER COMMISSIONERS LIKE THAT? ZUNI THE COMMISSIONER. ZUNIGA. OKAY. THIS IS IN THE DISTRICT SIX. UH, AND, UH, I'M FAMILIAR WITH THAT AREA AND, UH, THE ENVIRONMENT THERE IS ON THE SIX FOOT FENCE, AND I PASSED THROUGH THERE. YOU CAN SEE IT A MILE AWAY HERE. YOU KNOW, YOU'RE GOING AGAINST A COAT. I'M SORRY THAT THEY DIDN'T GET TOGETHER AND IRON OUT THEIR FACTS, BUT I MEAN, THE QUALITY OF LIFE IS BEING, YOU KNOW, DISTURBED. AND THIS IS WHAT WE'RE ALL ABOUT, THE QUALITY OF LIFE FOR EVERY RESIDENCE OF THE CITY OF SAN ANTONIO. AND THIS IS A CROSS VIOLATION OFF OF THE CODE. SO, AND THEY DIDN'T GET A, A PERMIT HAD THEY ANSWER SEARCHED FOR THE PERMIT, THEY COULD HAVE COME HERE THREE 11 OR THE CONS, UH, COUNCIL WOMAN'S OFFICE AND, YOU KNOW, AND IN DISTRICT SIX AND GREEK, NORTH WEST, I HAVE NEVER SEEN THIS VIOLATION, THIS CROSS WHERE TWO NEIGHBORS COULD NOT GET ALONG TOGETHER. THANK YOU. OKAY. AND I'M GONNA CLOSE THIS OUT WITH MY THOUGHTS. I'M, I'M GONNA BE IN SUPPORT OF THIS. AND, AND THE REASON IS THEY DID GO TO THE HOMEOWNERS ASSOCIATION. THEY WERE OPEN AND HONEST ABOUT WHAT THEY WANTED TO DO, NUMBER ONE. NUMBER TWO, UH, IT'S VERY DIFFICULT TO HEAR THE FULL STORY. UM, WHEN TWO NEIGHBORS ARE, ARE, ARE NOT NECESSARILY, UH, UH, IN COOPERATION ON A CERTAIN ISSUE. UM, I, I KNOW I HEAR THIS A LOT BEING ON MY H O A BOARD, UH, BUT THE FACT THAT THEY ONLY PUT AN EIGHT FOOT FENCE ON ONE SIDE AND NOT THE OTHERS TO ME IS SAYING THAT THEY JUST, THEY JUST WANT TO BE SECLUDED FROM THIS NEIGHBOR FOR WHATEVER REASON OR ANOTHER. UM, AND FURTHER, UH, WITH THE CHANGES IN THE TEXAS PROPERTY CODE, THERE'S A LOT OF STUFF YOU MIGHT WANNA LOOK INTO REGARDING FLOODLIGHTS LIGHTING. UH, THERE'S GONNA BE POTENTIALLY SOME CHANGES WITH THE OVER, UH, WITH THE, UM, UM, UM, OVERHEAD LIGHTING, UH, THAT'S GONNA BE HAPPENING IN THE CITY. THAT THIS SORT OF THING WHERE PEOPLE ARE PROJECTING LIGHTS INTO EACH OTHER'S YARDS ARE, ARE GONNA BE SOMETHING YOU COULD FILE A COMPLAINT ABOUT. UM, BUT YEAH, I WILL BE IN SUPPORT OF THIS, NAMELY BECAUSE, UM, THERE IS A POOL ABOVE GROUND OR NOT. THERE, THERE IS A POOL AND I THINK THIS SERVES A FUNCTION. SO WITH THAT, IF HAVE A ROLL CALL VOTE PLEASE. MR TWO. YES, I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. ALBERT. I CONCUR. MR. MANCHACA, I DO NOT CONCUR, MR. VASQUEZ. [01:15:01] I DO NOT CONCUR. MS. CRUZ. I DO NOT CONCUR. MR. ZUNIGA. I DO NOT CONCUR. MS. KAPLAN. I DO NOT. I DO NOT CONCUR. MS. INGLES, I CONCUR. CHAIR OREN AND I ALSO CONCUR. UH, MOTION FAILS. FIVE TO SIX. UH, SO WITH THAT, YOU NEED JUST PLEASE GO TALK TO STAFF AND THEY'LL DISCUSS YOUR OPTIONS WITH YOU AT THIS POINT. THANK YOU. ALL RIGHT. NEXT CASE. OKAY, UM, BO O A 22 1 0 3 0 0 1 4 7. I'M LOCATED AT 1 2 2 POPPY STREET IN COUNCIL. DISTRICT NUMBER TWO, APPLICANT BEING T A S PROJECTS L L C. UM, REQUEST FOR A 51 FOOT VARIANCE FROM THE 20 FROM THE 20 FOOT FRONT SETBACK MAXIMUM TO ALLOW A STRUCTURE TO BE 71 FEET FROM THE FRONT PROPERTY LINE. AND TWO, A VARIANCE FROM THE FENCE MATERIALS TO ALLOW A CORRUGATED METAL FENCE ALONG THE REAR PROPERTY LINE. UM, ZONING IS CURRENTLY MF 33 MULTIFAMILY DISTRICT. THE SUB, UH, THE SUBJECT PROPERTY IS CURRENTLY LOCATED ALONG POPPY STREET AND IT'S CURRENTLY A VACANT LOT UPON SITE. STAFF VISIT, UM, DID RESERVE SIMILAR STRUCTURES IN THE AREA WITH SETBACKS OF WHAT IS PROPOSED BY THE APPLICANT ON THE LOT. THERE ARE TWO LARGE TREES WHICH THE APPLICANT PLANS TO BUILD BEHIND AS TO NOT HAVING TO CUT THEM DOWN. ADDITIONALLY, STAFF NOTICED A CORRUGATED METAL FENCE ALONG THE REAR OF THE PROPERTY. UH, SO THAT IS CURRENTLY A SITE PLANT ON THERE. WHAT KINDA MADE A LITTLE BIT MORE DETAIL, THE CORRUGATED METAL FENCE IS TOWARDS THE REAR. UH, THEY'RE GONNA BE BUILDING BEHIND THE RED LINE AND THERE ARE PECAN TREES THAT ARE CURRENTLY TOWARDS THE MIDDLE OF THE LOT. UH, SO THAT'S KIND OF A WIDE ANGLE SHOT OF THE PROPERTY ITSELF WITH THE FENCE LOCATED TOWARDS THE BACK. UM, THAT'S ANOTHER, UH, ANGLE FROM IT, UH, WHERE YOU CAN SEE THE TREES ON THERE ON THE PROPERTY. AND THEN SOME OF THE, THE NEIGHBORING, UH, HOMES THAT HAVE SIMILAR SETBACKS AS THE ONE BEING PROPOSED AND THE SURROUNDING AREAS IS, UH, STAFF RECOMMENDS APPROVAL FOR, UH, REQUEST FOR A 51 FOOT VARIANCE FROM THE 20 FOOT FRONT SETBACK MAXIMUM TO ALLOW A STRUCTURE TO BE 71 FEET FROM THE FRONT PROPERTY LINE. AND TWO, A VARIANCE FROM FENCE MATERIALS TO ALLOW A CORRUGATED METAL FENCE ALONG THE REAR PROPERTY LINE BO O A 22 1 0 3 0 0 1 4 7 BASED ON THE FOLLOWING FINDINGS OF FACT, UH, THE REQUEST DID NOT APPEAR OUTTA CHARACTER OF THE AREA AND THE PROPERTY HAS UNIQUE CIRCUMSTANCES ON THE PROPERTY SUCH AS THE TWO LARGE TREES. UH, THERE WAS, UH, 26 NOTICES MAILED OUT. UH, THERE WERE ZERO IN FAVOR, ZERO IN OPPOSITION. AND THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION IS IN FAVOR. UM, THAT CONCLUDES STAFF PRESENTATION AND THE APPLICANT IS PRESENT. UH, BEFORE YOU GO ON THE CORRUGATE METAL FENCES, DID THE APPLICANT PROVIDE TO THE CITY ANY SPECS ON THE DESIGN TO MAKE SURE THERE'S A, YOU KNOW, ANY PROTECTION FROM, UH, SHARP EDGES, NO. OR ANYTHING? NO, THAT WAS WE'LL HEAR FROM THE APPLICANT THEN. YEAH. GREAT. IS THE APPLICANT PRESENT? ALL RIGHT. IF YOU COULD PLEASE STATE YOUR NAME AND YOU CAN BEGIN YOUR PRESENTATION. YES. HELLO. GOOD AFTERNOON. MY NAME IS DARIO AND I REPRESENTING MY, UH, FRIEND AND CLIENT AND RAFAEL SED. YES. SO WE, UH, WE HAVE THIS, UH, WITH THIS LOT AND UH, WE NOTICED THAT WE HAVE THESE TWO BIG TREES. SO ONE OF THEM IS 43 INCHES DIAMETER AND THE OTHER ONE IS UH, 32 INCHES DIAMETER. OUR PECAN TREES, SO ARE LOCATED IN A VERY, UH, WE POSITION BECAUSE IT'S KIND OF IN THE MIDDLE OF THE LAND A LITTLE BIT, UH, TOWARD FRONT. AND UH, BUT WE NOTICED THAT, UH, TO DO SOMETHING THAT, UH, IT COULD BE, UH, A NICE PROJECT IS THIS IS A MULTIFAMILY, UH, PER LAND, SO THAT IS THE ZONING. UM, SO IT IS ALMOST IMPOSSIBLE TO BUILD SOMETHING IN THE FRONT OR WITHOUT TEARING DOWN THE TWO TREES. SO WE ARE THINKING THAT IT'S GOING TO BE VERY NICE TO KEEP IT, TO HAVE THEM, BUT THAT'LL, THAT'LL JUST, UH, MAKE US BUILD IN THE BACK OF THE LAND. SO THAT'S WHY WE ARE ASKING THAT, UH, ADDITIONAL 51 AND, AND FOUR OR FIVE FEET BACKWARDS IN ORDER TO PUT THE, TO SET THE PARKING LOT IN THE FRONT, SAVE THE TREES AND STILL CAN BUILD IT IN THE BACK. UM, UM, SO AS YOU CAN SEE, THE, THE ARE, THERE ARE SEVERAL TREES IN THAT AREA, BUT THAT, THAT, THAT TWO TREES ARE, ARE KIND OF A BIG AND, AND BEAUTIFUL TREES YOU CAN SEE IN HERE. SO AS YOU CAN SEE, THE RED LINE IS WHEN WE ARE PLANNING TO BEGIN TO BUILD IN THAT DRAWING TO THE, TO THE, TO THE, TO THE BACK. AND [01:20:01] WHERE IS THE, THE PURPLE LINE. BUT THE TREES ARE CAN IN THE MIDDLE FRONT. SO IF WE TRY TO BUILD SOMETHING IN THE FRONT, WE ARE GOING TO HAVE PRACTICALLY NO NO PLACE. AND IF WE THAT DO THAT, THE, THE, THE SIDEWALK, THE SIDE, THE DRIVE, UH, THE DRIVEWAY IS GOING TO BE TAKEN PART OF THE, OF THE BUILDING AREA AND WE'RE GOING TO HAVE A LOT OF, UH, UH, PARKING LOT IN THE BACK. SO IN ORDER TO KEEP THE TREES AND TO MAKE THIS PROJECT POSSIBLE, WE ARE THINKING TO, TO KEEP THE TREES. BUT ASKING FOR THAT, UH, THIS DISTANCE, MORE DISTANCE TO THE, TO PUSH THE BUILDING TO THE BACK. AND THEN, OKAY, YOU CAN SEE THERE, SO IF WE, WE BUILD IN THE BACK IS OUR, THIS IS A CONCEPTUAL PROPOSAL SO WE CAN, WE CAN PUSH THE BUILDING IN THE BACK AND, AND LET THE FRONT FOR THE PARKING LOT SO WE CAN SAVE THE TREES, MAKE THE SEAS VISIBLE FROM THE FRONT. AND UH, YEAH, YOU CAN SEE THE SECOND FLOOR. AND NOW WE HAVE THE 20 FEET YOU CAN SEE FROM THE PURPLE LINE, UH, IS OUR SETBACK IN THE FRONT BACK. BUT IF WE HAVE THAT 51.5, WE BARELY CAN SAVE ALL, ALL THE TREES AND WE CAN BUILD THAT, THAT AREA IN THE BACK. WE HAVE THIS CORRUGATED METAL FENCE. SO IF IT'S POSSIBLE TO, TO CONTINUE TO HAVE IT, UH, REPLACING FOR A NEW ONE, BUT KINDA THE SAME THING THAT WE HAVE ALREADY THERE. YEAH. THAT IS OUR, OUR CONCEPTUAL PROJECT. EXACTLY. I THINK THAT'S IT. ALRIGHT. AND, AND YOU ARE DOING A MULTI-FAMILY DEVELOPMENT, CORRECT? YEAH, WE'RE DOING OUR PROJECT, YES. OKAY. THERE'S NOTHING THERE IN THE, IN THE LOT KAPLAN. OKAY. UH, SO, UH, COMMISSIONER KAPLAN. YEAH. IS THERE GONNA BE AN ISSUE WITH THE REAR SETBACK WITH THIS BUILDING? NO, I MEAN WE CAN KEEP THE SETBACK. I THINK IT'S 10 FEET IN THE BACK. SO THE BACK SETBACK IS OKAY. WE, WE ARE NOT HAVING ANY PROBLEM WITH THAT. NOT THE SIDES ARE NOT THE BACK, IT'S JUST IN THE FRONT. AND, AND THE PARKING, UM, THE PARKING IS OPEN PARKING, SO YOU'LL HAVE, 'CAUSE IT'S, IT SHOWS HERE A BIG CONCRETE SLAB. BUT IS THAT GONNA BE, IT'S JUST A REPRESENTATION? IT'S JUST, IT'S JUST A REGULAR FRONT PARKING LOT. OKAY. SO IT'S JUST GONNA BE AN OPEN PARKING LOT. IT'S OPEN TO BE OPEN PARKING LOT. YES. OKAY. I HAVE A, UH, PLEASE, UM, STAY AT THE PODIUM. I HAVE A QUESTION FOR STAFF. UH, THE, THE SURROUNDING PROPERTIES ON MF 33, ARE THOSE MULTI-FAMILY USES ON THE NEIGHBORING SIDES AS WELL? GIVE YOU UH, YES. YEAH. THE ONES THAT ARE NEXT DOOR TO, YES, THEY ARE MULTI-FAMILY. AND IS THERE, IS THERE AN ISSUE WITH THE TWO AND A HALF STORY REQUIREMENT AND UM, WITH THIS BEING A MULTI-FAMILY NEXT TO A SINGLE-FAMILY USE WHERE THEY CAN'T EXCEED TWO AND A HALF STORIES? IS THAT AN ISSUE? YOU HAVE THAT HERE? YEP, WE'RE TALKING ABOUT THAT. NO, IT SHOULDN'T BE AN ISSUE BECAUSE THEY'RE ZONED MF 33. UH, PARDON ME, WHAT WAS THAT? UH, BOTH PROPERTIES ON EITHER SIDE. ONE IS, UH, THE ONE TO THE NORTH IS ZONED MF 33 AND THE ONE TO THE SOUTH IS ZONED M AREN'T YEAH, BUT, BUT THE CODE, THE CODE DEPARTMENT SAYS, UM, ZONING OR USE USE. YEAH. SO, BUT I, I THOUGHT RICHARD JUST SAID THAT THEY WERE MULTIFAMILY USE. THEY WERE SINGLE FAMILY NEXT DOOR. THERE'S ONE ON THE OTHER SIDE TO, I GUESS YOU CAN SEE IF WE'RE LOOKING AT THE, AT A MAP, THE NORTH SIDE IS MF 33. YEAH. BUT, BUT THE ACTUAL STRUCTURE IS ON THE PROPERTY ADJACENT TO THE SUBJECT SITE. YES, IT IS ONE 18 OR 1 28 POPPY. A SINGLE FAMILY USE HOUSE? NO, THAT IT'S LIKE A, I GUESS YOU COULD SAY LIKE A MULTI, IF IT HAD MORE IT'S THAN MORE THAN ONE ADDRESS. YEAH, IT HAS MORE. OKAY. YEAH. ALRIGHT. THANK YOU VERY MUCH MAAM. UH, ANY OTHER COMMISSIONER MANNA THIS QUESTION FOR CITY STAFF? SO, UM, WITH REGARDS TO SETBACKS, UM, WHAT IS THE SETBACK REQUIREMENT? UM, THIS PROPERTY, THE MAX MAXIMUM IS 30 FEET FOR MF 33. UH, WHAT ABOUT REAR SETBACK? 10 FEET? 10? IT'S 10 FEET. SO 10 FEET. SO, UM, SO, SO I GUESS BACK TO THE APPLICANT HERE. SO, SO THE SETBACK IS 10 FOOT REQUIREMENT ON THE BACK SIDE OF THE PROPERTY. UM, SO DOES THAT PRESENT A CHALLENGE, UH, FIT IN YOUR BUILDING STRUCTURE IN THAT SPACE? SO OUR BACK, A SETBACK IS, OKAY, IT'S 10 FEET, SO WE DON'T HAVE ANY ISSUE WITH THE BACK ONE AND WITH THE SIDES IS IN THE FRONT. OKAY. SO IT'S 10 FOOT. OKAY. THE, THE FRONT IS 20 FOOT. RIGHT. BUT BACK YOU, YOU'RE OKAY WITH THE BACK 10 FOOT? YES, EXACTLY. OKAY. OKAY. I MISUNDERSTOOD. OKAY, THANK YOU. ALRIGHT, ANY OTHER COMMISSIONER QUESTIONS? COMMISSIONER ALBERT, UH, FOR THE APPLICANT AS PART OF YOUR NEW CONSTRUCTION, WILL YOU BE PUTTING IN NEW FENCES? WE ARE TRYING TO DO IN THE, IN THE BACK WE ARE ASKING FOR THE CORRUGATED METAL FENCE IN THE BACK, JUST IN THE BACK. AND THE OTHER SIDES ARE GOING TO BE A REGULAR ONE WITH ONE. SO YOU PLAN TO KEEP OR CHANGE THE FENCE? WE, WE TRY TO KEEP THE SAME MATERIAL JUST IN THE BACK, BUT RENEWAL FOR MAYBE THE NEW, UH, A NEW ONE, BUT THE SAME MATERIAL CREATIVE, UH, METAL FENCE. OKAY. THANK YOU. ALRIGHT, THANK YOU. UH, THERE'S NOTHING ELSE STAFF. IS THERE ANY, UH, PUBLIC COMMENTARY? WE HAVE TWO SPEAKERS SIGNED UP. [01:25:01] ALRIGHT, SIR, WE'RE GONNA, WE'RE GONNA LISTEN TO, UH, A COUPLE RESIDENTS WHO HAVE SIGNED UP TO SPEAK AND THEN WE MAY HAVE SOME ADDITIONAL QUESTIONS FOR YOU. YES, MA'AM. LET'S HAVE THE, LET'S HAVE THE FIRST SPEAKER. THE FIRST SPEAKER IS MR. ERIC DEXTER. YES. PLEASE STATE YOUR NAME AND ADDRESS WHEN YOU GET UP THERE. UM, MY NAME IS ERIC DUCKER AND I OWN THE, UH, LOTS AT 1 23 AND 1 31, UM, ETTE PLACE. UH, THERE'RE ACROSS THE, UM, THERE'S A, SO IF YOU'RE LOOKING AT THE, AT THE SUBJECT, THERE'S OUR, THEN THERE'S THE TR THE MIDDLE TRACK, AND THEN I OWN THE ONE THAT ARE I D Z TWO. AND WE DON'T HAVE A PROBLEM WITH THE, WITH THE FIRST REQUEST FOR THE SETBACK. THAT'S, UM, I'M ABOUT TO, YOU KNOW, NEXT YEAR PUT A COUPLE MILLION DOLLARS IN TOWN HOMES ON THOSE, UH, SIX TOWN HOMES AND WE'D LIKE TO SEE A BETTER REAR FENCE. SO, AND WE'RE NOT SPECIFICALLY OPPOSED TO USING SOME SORT OF CORRUGATED METAL, BUT MAYBE TO MAKE IT LOOK A LITTLE LESS LIKE A JUNKYARD, YOU KNOW. AND, UM, AND THAT'S REALLY ALL I HAVE TO SAY IS IF, IF THEY'RE GONNA GO AND BUILD WHAT IT LOOKS LIKE TO BE 10 UNITS ON THERE, WELL, OR NO, LET'S SEE, FOUR, SIX UNITS ON THERE, I THINK THEY CAN MAKE THE BACK FENCE LOOK A LITTLE BETTER. THANK YOU VERY MUCH. ALL RIGHT, THANK YOU. HAVE A MRNA. WE WE HAVE A QUESTION, SIR. SO, SO IT ISN'T NECESSARILY THAT YOU'RE AGAINST CORRUGATED AS LONG AS IT LOOKS AT LIKE A NICE CORRUGATED YEAH, YOU GO. YEAH, IF YOU MAKE IT LOOK AND PUT IT IN THE WOOD SURROUND OR DO SOMETHING WITH IT. LIKE I SAID, WE'RE NOT, WE'RE, WE'RE DEFINITELY OP ENTREPRENEURS. UH, MY PARTNER LEE AND BIMBO AND I, AND WE'RE REALLY, YOU KNOW, WE'RE NOT HERE TO POO P ON THEIR DEAL. WE JUST LIKE TO SEE SOME OF THE FENCING IN THE AREA MAYBE GET A LITTLE BETTER. THAT'S WHY WE'RE PUTTING THAT MUCH MONEY INTO THE, INTO THE AREA. I HAVE A QUESTION. YES. ARE THERE ANY OTHER CORRUGATED FENCES? I THINK THERE'S ONE DOWN THE WAY, BUT IT'S REAL OLD. I THINK IT'S, AND YOU WOULDN'T SEE IT FROM POPPY. UM, AND YOU COULD BARELY SEE IT, I THINK FROM A BETTE PLACE BECAUSE THERE'S A LOT OF TREES IN BETWEEN. SO LIKE I SAID, WE'RE NOT HERE TO, YOU KNOW, RAIN ON THEIR PARADE. WE JUST WOULD HOPE, 'CAUSE OUR, OUR UNITS ARE GONNA BE THREE STORIES AND THEY WILL BE LOOKING ACROSS THAT MIDDLE YARD AT THE FENCES. ALRIGHT, THANK YOU. CAN WE SEE THAT FENCE AGAIN? COMMISSIONER, COMMISSIONER KA. RIGHT. AND THIS WAS JUST SOMETHING THAT STAFF CAUGHT ON THE STAFF VISIT. IT WASN'T PART OF THE ORIGINAL REQUEST AND SO WE GOT THAT CLARIFIED WITH THE APPLICANT AND WENT AHEAD AND ADDED THAT IN THERE. OKAY. SO IS THAT, HOW MANY FEET IS THAT, UH, CORRUGATED METAL FENCE FOR? IT DOESN'T LOOK LIKE IT'S A VERY LONG FENCE. UH, I DON'T KNOW THE, THE LENGTH OF IT IS THAT QUESTION FOR ME, MA'AM, I GUESS FOR YOU THOUGH. ALRIGHT. YEAH, WE HAVE ONE MORE SPEAKER. SO WE'LL HOLD THE QUESTIONS FOR THE APPLICANT. SO IF WE HAVE ANOTHER, ANOTHER, UH, RESIDENT SIGN UP TO SPEAK. SORRY. UH, NEXT SPEAKER IS MR. RAUL ORTIZ. HELLO SIR. HOW YOU DOING? WELL, I HAVE THE ADJACENT PROPERTY, THE 1 28 POPPY PROBLEM IS, IT'S NOT A MULTI-FAMILY, IT'S SINGLE FAMILY. OKAY. AND IT'S, IT'S A RENTAL. UM, MY, I GUESS MY CONCERN, I I'M NOT WORRIED ABOUT GOING THE, THEM GOING BACK. UM, I GUESS MY CONCERN IS WHAT IS GONNA AFFECT ON THE, MY PROPERTY ON AS FAR AS THE MULTIFAMILY, UM, 'CAUSE IT, IT LOOKS LIKE THEY'RE GONNA PUT CONCRETE ALL THE WAY THROUGH THE FRONT. SO, UH, JUST TO, NOT TO, UM, TAKE AWAY FROM YOUR TIME, BUT THERE IS A, THERE'S A CURRENT CITY CODE THAT SAYS THAT WHEN YOU'RE DOING MULTIFAMILY, THERE'S A HEIGHT REQUIREMENT LIMIT OF TWO AND A HALF STORIES IF THAT STRUCTURE IS WITHIN 50 FEET OF A PROPERTY LINE OF A SINGLE FAMILY USE OR A SINGLE FAMILY'S OWN DISTRICT. SO IF THAT BUILDING IS WITHIN PHYSICAL BUILDING THAT HE'S PROPOSING IS WITHIN 50 FEET OF YOUR COMMON PROPERTY LINE, THERE WOULD BE A TWO AND A HALF STORY LIMIT OF THE HEIGHT. AND SO THAT'S SOMETHING THAT, UH, WILL HAVE TO BE DONE DURING, PER REVIEW, DURING PERMITTING. UH, AND, AND YOU KNOW, SO IF YOUR, IF YOUR CURRENT, UM, PROPERTY APPEARS TO BE MULTIFAMILY, THAT, BUT IT IS NOT MULTIFAMILY. AND, AND THANK YOU FOR BRINGING THAT UP BECAUSE STAFF WILL BE, UH, WRITING THAT DOWN AND MAKING THAT PART OF THE FILE. SO PLEASE CONTINUE WITH YOUR, WITH YOUR COUNSEL. WELL JUST, I'M, UH, AGAIN, UH, AS FAR AS THE CORRUGATED GOING BACK, I'M NOT WORRIED ABOUT THAT. I'M JUST MORE CONCERNED WITH WHAT IF, I MEAN, I KNOW THEY'RE TRYING TO SAVE THE TREES AND EVERYTHING AND, UM, I'M ASSUMING Y'ALL ARE NOT GONNA REDO THE SURVEY TO ACCOMMODATE THE, THE, THE STRUCTURE, YOU KNOW WHAT I MEAN? UM, BUT THE, I GUESS THE, I'VE ALWAYS HAD SITUATIONS WITH THE DRAINAGE AND STUFF LIKE THAT WHEN YOU COME TO MULTI-FAMILY. RIGHT. SO WITH THAT, IS THERE ANY, UH, QUESTIONS FOR THE SPEAKER? COMMISSIONER MANON? ACTUALLY THERE'S QUESTIONS FOR [01:30:01] STAFF WITH REGARDS TO, UM, UH, MF UH, ZONED LOT. UH, WHAT IS THE, UM, I GUESS LIMITS WITH REGARDS TO, UH, PARKING PAD IN THE FRONT? SO ARE THERE ANY LIMITATIONS WITH REGARDS TO SETBACKS AND UH, UH, WHAT HAVE YOU? THE IMPERVIOUS COVER LIMITATION FOR MF IS UH, 50%. SO 50% OF THE FRONT YARD COULD BE UM, UM, CORRECT. COULD BE CORRECT. OKAY. AND SO, SO, UM, AND IF IT IS THAT WE'RE PUSHING THE LOT BACK 70 FOOT, THEN THAT WHOLE 70 FOOT IS CONSIDERED PART OF THE FRONT YARD THEN, CORRECT? YES. ALL RIGHT. IS THERE ANY QUESTIONS FOR THE SPEAKER THAT'S COMM UH, COMMISSIONER CHAKA? UH, NO SIR. I WANT TO CORRECT SOMETHING THAT YOU ASKED EARLIER. OKAY. UH, THE BACK FENCE ARE BEING CORRUGATED AND YOU TALKED ABOUT SHARP EDGES AND THIS IS A MULTI-FAMILY UNIT THEY'RE GONNA INSTALL. WHAT IS THE IMPACT OF THAT CONSIDERATION? YEAH, SO, UM, SO I'LL ASK YOU, YOU'VE SEEN THE CORRUGATED FENCE IN QUESTION ALONG HERE? I HAVE. OKAY. UH, IS IT, DO YOU NOTICE ANY BORDERS OR SHARP EDGES OR ANYTHING THAT YOU WOULD LIKE TO WELL, IT'S OLD. I MEAN, I'M NOT GONNA TELL YOU IT'S NOT OLD. IT'S OLD. OKAY. BUT DO YOU, BUT DO YOU NOTICE IT, WAS IT, IS IT FRAMED OR? I HAVEN'T INSPECTED IT. I HAVEN'T INSPECTED IT IN THAT, FOR THAT PASTURE. OKAY. THANK YOU. WE'LL ASK THAT TO THE APPLICANT THEN. ALRIGHT. THANK YOU VERY MUCH. LET'S HAVE THE APPLICANT COME BACK UP. I'M JUST GONNA SEE IF THERE'S ANY QUESTIONS FOR YOU. I WILL START OFF BY ASKING ABOUT THE EXISTING CORRUGATED METAL FENCE. IS YOUR INTENT TO RECONSTRUCT THAT OR KEEP IT AS IS? WE ARE TRYING TO, WHAT THE OBJECT OF THAT IS TO KEEP THE PRIVACY INSIDE OUR LAND. SO WE TRY TO KEEP TEAR DONE DOWN AND DO A, ANOTHER ONE WITH THE SAME MATERIAL. OKAY. AND AND HAVE YOU PROVIDED ANY DESIGN, UH, SPECS TO THE CITY? NOT YET. OKAY. BECAUSE, UH, IT IS VERY COMMON, UH, FOR THIS COMMISSION WHEN WE SEE CORRUGATE METAL FENCES TO INQUIRE ABOUT HOW THE EDGES MIGHT BE PROTECTED, ANY, ANY SHARP EDGES FROM THE, FROM THE METAL, UH, IT IS VERY COMMON FOR US TO SEE THEM FRAMED, UH, IN WOOD OR OTHERWISE DESIGNED. UH, SO, YOU KNOW, WITHOUT THAT SORT OF INFORMATION WE'RE, WE'RE HAVING TO MAKE OUR DECISION, UH, WITH, WELL WITHOUT THAT INFORMATION. SO, UH, IS, IS THERE ANYTHING THAT YOU WOULD LIKE TO, UM, AMEND YOUR APPLICATION REGARDING THE CORRUGATED METAL UH, FENCE AT THIS TIME? YEAH, WELL WE ARE WILLING TO, TO HAVE A, WE WILL BE OUR NEIGHBORS, I MEAN WITH THE BACK, UH, PEOPLE AND THE SITES AS WELL. SO AS SOON AS WE CAN HAVE PRIVACY AND SECURITY IN OUR LAND, WE ARE WILLING EVEN THOUGH TO CHANGE THAT. OKAY. AS WELL AS WE HAVE THAT PRIVACY AND SECURE OUR LAND. AND, AND HOW DOES, HOW DOES THIS APPLICATION MOVE FORWARD KNOWING THAT YOU MAY HAVE TO GO DOWN TO TWO AND A HALF STORIES? IS THERE ANY ADJUSTMENTS THAT YOU NEED TO, TO INFORM US OF AS WE, AS WE, UH, BEFORE WE DELIBERATE YOUR, ON YOUR CASE? I MEAN WE CAN, IF THIS, UH, IF WE CAN KEEP THAT SECURITY AND AND PRIVACY IN OUR LAND, WE ARE WILLING TO CHANGE THAT EVEN THOUGH, SO WE DON'T HAVE ANY PROBLEM WITH THAT. OKAY. UH, IS THERE ANY OTHER COMMISSIONER QUESTIONS? CRUZ, COMMISSIONER CRUZ? UM, I'M JUST WONDERING, MAYBE I HEARD WRONG NOW THE TWO, WHAT YOU'RE BUILDING, IS IT THREE APARTMENTS OR SIX? I'M JUST TRYING TO FIGURE OUT OF WHAT I HEARD WRONG. IT IS FIVE APARTMENTS, SO TWO IN THE FIRST FLOOR, TWO IN THE SECOND FLOOR, AND ONE IN THE THIRD. OKAY. THAT'S WHAT I HEARD. THANK YOU. OKAY. AND UH, HOW WILL YOU BE, UH, ACCOMMODATING THE, I'M ASSUMING THE HEIGHT IS INTENDED TO BE OVER 30 FEET. IT'S GOING TO BE LESS, LESS THAN 30 FEET. YEAH, IF I DON'T REMEMBER BACK. SO YOU DON'T, YOU DON'T NEED AN ARROW APPARATUS LANE OR A SPRINKLER SYSTEM? YES, EXACTLY. OKAY. USUALLY WHEN THEY'RE SET BACK THAT FAR, IT, IT CAN CAUSE ISSUE WITH FIRE PROTECTION BUT JUST WANT TO MAKE SURE IT DIDN'T, UH, THERE WAS NO IN EXCESS OF 30 FEET OF THE HEIGHT. YES, EXACTLY. OKAY. IS THERE ANY OTHER COMMISSIONER QUESTIONS FOR THIS APPLICANT? UH, HEARING NONE. UM, IS THERE ANYTHING YOU WANT US TO KNOW BEFORE WE DELIBERATE? NO, I MEAN JUST, UH, WE ARE UH, THAT TRYING TO SAVE THE TREES AND TRY TO BE MORE ECO-FRIENDLY WITH OUR BUILDING AND TRY TO BUILD IN THE BEST WAY OUR BUILDING AS WELL. YEAH. SO EVEN THOUGH FOR THE FIRST PART OF THE PARKING IS GOING TO BE THE LESS IF WE DO IT IN THE FRONT, SO I THINK IT'S THE BEST SITUATION FOR EVERYONE. ALRIGHT, THANK YOU VERY MUCH. AND WITH THAT I'M GONNA CLOSE UP PUBLIC THE HEARING. I'M LOOKING FOR A MOTION CRUZ COMMISSIONER CRUZ REGARDING CASE NUMBER BO A 22 103 0 0 1 4 7. I MOVE THAT THE BOARD JU ADJUSTMENT GRANTS A REQUEST FOR ONE, A REQUEST FOR A 51 FOOT VARIANCE FROM THE 20 FOOT FRONT SETBACK MAXIMUM TO ALLOW A STRUCTURE TO BE 71 FEET FROM THE FRONT PROPERTY LINE. AND TWO, A VARIANCE FROM THE FENCE MATERIALS ALLOW FOR A CORRUGATED METAL FENCE ALONG THE REAR PROPERTY LINE SITUATED AT 1 2 2 POPPY STREET. APPLICANT BEING TASKED PROJECTS L L C BECAUSE OF TESTIMONY PRESENTED TO US AND THE FACT THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY [01:35:01] IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE REQUESTED VARIANCES TO ALLOW THE PROPOSED MULTI-FAMILY DEVELOPMENT TO HAVE A FRONT SETBACK OF 51 FEET AND A CORRUGATED METAL FENCE ALONG THE REAR PROPERTY LINE, THE STRUCTURE WOULD BE SITUATED A REASONABLE DISTANCE FROM PROP POPPY STREET AND THE METAL FENCE IS NOT EASILY SEEN FROM THE RIGHT OF WAY. THE REQUEST DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST. TWO DUE TWO SPECIAL CONDITIONS. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE PROPOSED DEVELOPMENT WOULD HAVE TO MAINTAIN THE MAXIMUM SETBACK PERMITTED OF 20 FEET AND REMOVAL OF THE METAL FENCE WOULD RESULT IN UNNECESSARY HARDSHIP. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. A 51 FOOT SETBACK WILL OBSERVE THE SPIRIT OF THE ORDINANCE AS THERE IS NO MINIMUM FRONT SETBACK REQUIREMENT. ADDITIONALLY, THE METAL FENCE IS NOT EASILY SEEN FOR, EXCUSE ME, 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, WITH THIS, WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT OF WHICH THE PROPERTY IS LOCATED. THERE ARE SIMILAR PROPERTIES LOCATED ALONG POPPY STREET THAT MAINTAIN AN EXTENDED DISTANCE AND SOME PROPERTIES IN THE AREA HAVE SIMILAR STYLE FENCES, THEREFORE THE REQUEST WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. 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 GRADED 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. THE VARIANCES IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS THE SIZE AND LOCATION OF THE LOT. THE VARIANCE REQUEST IS NOT MERELY FINANCIAL AND A MOTION. SECOND, SECOND. SECOND BY COMMISSIONER MANNA, COMMISSIONER CRUZ. UM, I WILL BE SUPPORTING THIS. UH, I THINK IT'S A GREAT, UH, PROPERTY AND WITH THE NEW STRUCTURE IN THERE, I THINK IT WILL REALLY IMPROVE THE, UH, OWNERSHIP OF THE AREA AND I THINK ALL THE NEIGHBORS WILL REALLY ENJOY IT. THANK YOU. COMMISSIONER MANNA. I CONCUR WITH MY COLLEAGUE. ALL RIGHT. ANY OTHER COMMISSIONERS LIKE TO ADD HEARING NONE? LET'S HAVE A ROLL CALL VOTE PLEASE. MS. CURTIS. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. ALBERT I CONCUR. MR. MANCHACA I CONCUR. MR. VASQUEZ. I CONCUR. MR. ZUNIGA I CONCUR. MS. KAPLAN I CONCUR. MS. INGLE I CONCUR. MR. MR. TEAL? YES. I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. UH, CONGRATULATIONS. YOU HAVE ANY QUESTIONS YOU CAN, UH, ASK STAFF. THANK YOU. ALL RIGHT, NEXT CASE PLEASE. ITEM EIGHT. GOOD AFTERNOON. ITEM NUMBER EIGHT IS FOR CASE BO A DASH 22 DASH 1 0 3 0 0 1 4 8. LOCATED AT 5 3 5 MISSION VIEJO WITHIN COUNCIL DISTRICT NINE. THE APPLICANT BEING MARK ANI IS A REQUEST FOR A TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT FENCE HEIGHT TO ALLOW FOR A SOLID SCREEN FENCE TO BE EIGHT FEET TALL ALONG THE SIDE AND REAR PROPERTY LINES. THE PROPERTY IS OWNED PLAN UNIT DEVELOPMENT RESIDENTIAL SINGLE FAMILY DISTRICT. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF SAN ANTONIO AND HAS A SINGLE FAMILY RESIDENCE AND AN IN-GROUND SWIMMING POOL DUE TO DETERIORATION. THE EXISTING FENCE WAS REPLACED WITH A NEW EIGHT FOOT SOLID SCREEN FENCE LOCATED ALONG THE REAR AND SIDE PROPERTY LINES BEHIND THE FRONT FACADE OF THE RESIDENCE. THE MAXIMUM HEIGHT PERMITTED FOR A SIDE AND REAR FENCE IS SIX FEET. DURING THE SITE VISIT, STAFF OBSERVED SIGNIFICANT ELEVATION CHANGES THROUGHOUT THE NEIGHBORHOOD, INCLUDING ON THE SUBJECT PROPERTY. THIS IS THE SITE [01:40:01] PLAN, THE SUBJECT PROPERTY, A VIEW OF THE REAR YARD WITH THE EIGHT FOOT FENCE, THE NEW EIGHT FOOT FENCE. AND YOU CAN ALSO SEE THE SWIMMING POOL THERE. ANOTHER VIEW OF THE FRONT WHERE YOU CAN SEE, UM, ELEVATION CHANGES. THIS IS, UM, PROPERTY DIRECTLY IN FRONT OF THE THE SUBJECT PROPERTY AND THEN THE SURROUNDING AREA. STAFF RECOMMENDS APPROVAL OF THE SIDE AND REAR FENCE, SPECIAL EXCEPTION BASED ON THE FOLLOWING FINDINGS. ONE, THE SUBJECT PROPERTY HAS AN IN-GROUND SWIMMING POOL. TWO VARIOUS ELEVATION CHANGES WERE OBSERVED IN THE AREA, INCLUDING ON THE SUBJECT PROPERTY. THREE. THE VARIANCE DOES NOT APPEAR TO NEGATIVELY AFFECT ADJACENT PROPERTIES. WE MAILED OUT 29 NOTICES. WE RECEIVED ONE IN FAVOR, ONE IN OPPOSITION. WE DID NOT RECEIVE A RESPONSE FROM HIDDEN FORCE H O A, WHICH IS A REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET OF THE SUBJECT PROPERTY. WE DID RECEIVE A RESPONSE FROM MISSION RIDGE H O A, WHICH IS IN OPPOSITION MISSION RIDGE. H O A IS NOT REGISTERED, HOWEVER, THEY ARE THE H O A FOR THE NEIGHBORHOOD. AND THEN THE FOLLOWING SLIDES WILL CONTAIN, UM, SOME OF THE RESPONSES THAT WE RECEIVE FOR BOARD MEMBERS TO VIEW. AND THIS CONCLUDES STAFF'S PRESENTATION AND WE DO HAVE THE APPLICANT HERE TO ANSWER ANY QUESTIONS. ALRIGHT, BEFORE YOU GO, I JUST WANTED TO ASK, UM, THE, THE, THE FOUR FOOT RULE THAT WOULD ALLOW THEM TO HAVE AN EIGHT FOOT FENCE, UH, DID YOU MEASURE HOW TALL THE FINISHED FLOOR WAS TO THE, TO THE BOTTOM OF WHERE THE POOL IS? I MEAN, DID, DID IT LOOK LIKE IT WAS A FOUR FOOT DROP FROM THE FINISH FLOOR? SO WHEN WE WENT OUT THERE, IT, IT KIND OF LOOKED LIKE IT IS. WE KIND OF JUST GOT A VIEW OF THE FRONT THOUGH. UM, WE DIDN'T HAVE ACCESS TO THE REAR YARD, SO IT KIND OF LOOKED LIKE IT VARIED FROM PLACE TO PLACE. OKAY. BECAUSE, AND THE RULE WOULD BE FOUR FOOT FROM THEIR FINISHED FLOOR TO THE REAR, FOUR FOOT TO THE, BECAUSE THEY HAVE THREE HOMES IN THE REAR OF THEM. IS IT JUST ONE THAT HAS TO BE A FOUR FOOT DIFFERENCE BEFORE THEY WOULD GET THAT BY, RIGHT. OR DOES IT HAVE TO BE ALL THREE? DO YOU KNOW HOW THAT'S APPLIED? I'M NOT SURE. WE DON'T SEE TOO MANY THAT HAVE IT. THE LOT LINE SET UP LIKE THIS WHAT WHAT WAS THE, UH, QUESTION? I'M SORRY. SO THEY, IF IF THE CHANGE IN ELEVATION FROM, UH, THE APPLICANT'S FINISHED FLOOR TO THE REAR HOME'S FINISHED FLOOR TO THE NORTH, UH, IS FOUR FEET OR MORE, THEY CAN HAVE AN EIGHT FOOT FENCE BY RIGHT. DOES IT HAVE TO BE FOUR FOOT TO ALL THREE OF HIS REAR OR JUST ONE? SO THAT RULE IS SPECIFIC TO WHICH SIDE THEY'RE ON. SO IF IT'S A LEFT ONE, IT'D BE JUST FOR THE LEFT SIDE. OKAY. AND IF, BECAUSE IT'S A REAR FENCE THAT THEY'RE HERE FOR, WHAT IS SO, UH, IT WOULD, IT WOULD APPLY FOR THE REAR IF THERE WAS A FOUR FOOT DIFFERENTIAL BETWEEN STRUCTURE TO STRUCTURE. SO I MEAN, BUT THEY HAVE THREE, THREE REAR NEIGHBORS. IS IT JUST ONE THAT WOULD QUALIFY THEM AS FAR AS THE FOREFOOT WHILE THEY WERE ALSO PUTTING IT ON THE SIDES. OKAY. NOT JUST THE REAR. OKAY, THANK YOU. OKAY, THANK YOU. I APOLOGIZE. WHAT SIDE ARE WE TALKING ABOUT? IS IT THE, UM, IS IT THE, THE WEST SIDE OR THE, THE EAST SIDE? IT'S ACTUALLY ALL AROUND. UM, IF YOU GO BACK TO THE SITE PLAN, YOU CAN SEE, I MEAN FOR THE EIGHT FOOT FENCE, ARE THEY WANTING, I DON'T KNOW. OH, THERE IT IS. ALL THROUGHOUT. ALL THROUGHOUT. GOTCHA. YES. I WAS JUST TRYING TO STATE THAT ON THE, ON THE APPLICATION. 'CAUSE THEY ONLY SAID ONE SIDE IN THE BACK AND I WAS TRYING TO DETERMINE WHAT THEY'RE TALKING ABOUT. OKAY. I BELIEVE THAT WE DID PUT SIDE AND REAR PROPERTY LINES. I'M NOT SURE. MAYBE THERE WAS A MISPRINT ON THE POWERPOINT ITSELF. WELL, LET'S CLARIFY NOW. IT'S FOR THE, UH, SIDE AND REAR PROPERTY LINES. AND THE CODE DOES SPECIFY, UM, SHARED LOT LINES. UH, HOWEVER, BECAUSE IT'S ON THAT SIDE, I THINK WE COULD MAKE THE INTERPRETATION THAT'S FOR THE WHOLE REAR. GOT IT. THANK YOU. SO BUILDING PERMIT VIOLATION? NO, ACTUALLY THERE WAS NO CODE VIOLATION FOR THIS. THANK YOU. ALL RIGHT, THANK YOU. IS THE APPLICANT PRESENT? YES. ALL RIGHT. COME ON UP. PLEASE STATE YOUR NAME AND LET US KNOW ABOUT YOUR, YOUR CASE. HI, MY NAME IS MARK ANI. I'M THE APPLICANT AND THE HOMEOWNER. UM, SO WE FILED AN EXCEPTION. OUR UNDERSTANDING, WE WENT THROUGH OUR HOMEOWNERS ASSOCIATION TO REQUEST, UH, THAT THEY APPROVE THE FENCE REQUEST ACTUALLY DIDN'T REALIZE 'CAUSE WE WERE PUTTING THE FENCE IN THE SAME PLACE THAT IT HAD BEEN BEFORE, THAT WE NEEDED TO HAVE APPROVED FROM THE HOMEOWNERS ASSOCIATION. THEY DENIED US AND THEN WE WENT BACK AND FORTH WITH 'EM TRYING TO UNDERSTAND WHY THEY DENIED IT. MY UNDERSTANDING WAS THEY NEEDED TO HAVE AN EXCEPTION THAT WAS APPROVED. HAD WE KNOWN THAT MONTHS AGO, WE WOULD'VE BEEN BEFORE THE BODY A LONG TIME AGO. OKAY. UM, STAFF, IS THERE ANYONE SIGN UP TO SPEAK ANY PUBLIC COMMENTARY? THERE'S NO PUBLIC COMMENT. WE'RE GONNA, CAN I ADD SOME CLARITY HERE? SURE. SO CAN WE GO BACK TO THE SLIDE THAT HAS THE, A HIGHLIGHT AROUND IT? SO THE FENCE ON THE TWO FRONTS STARTS AT SIX FEET. IT'S AS THE PROPERTY SLOPES TOWARDS THE BACK, THE FENCE DOES GET A LITTLE HIGHER, BUT IT'S NOT EIGHT FOOT ALL THE WAY AROUND. IT'S ONLY AS IT GETS TOWARDS [01:45:01] THE BACK OF THE PROPERTY, IT IS AT LEAST FOUR FEET, IF NOT ADDITIONAL FOUR FEET BEYOND IN TERMS OF THE SLOPE FROM THE FRONT TO THE BACK. SO IT'S INTERESTING THAT YOU BRING THAT UP. SO IF THEY, IF YOU START WITH A SIX FOOT FENCE AND YOUR OBLIGATION IS TO MAINTAIN THE LEVEL OF THE TOP, I WAS UNDER THE IMPRESSION YOU COULD GO UP TO EIGHT FEET, UM, AS LONG AS IT DIDN'T EXCEED EIGHT FEET. IF THAT WAS THE GOAL. IS THAT, AM I REMEMBERING THAT INCORRECTLY? YOU ARE INTERPRETING THAT CORRECT SIR. SO IN, SO IS THERE A, SINCE HE, HE STARTS AT SIX, WOULD THE SIDES BE ACCEPTABLE AS IS THEN? I I AM NOT SURE. I GUESS WE DIDN'T HAVE ACCESS TO THE REAR. UH, I THINK I I DIDN'T REALIZE THAT THEY WERE COMING IN THE DAY THEY WOULD OTHERWISE I WOULD'VE LET 'EM IN THE BACK. MY APOLOGIES. DID YOU, DID YOU, DID YOU CATCH WHAT I WAS WHERE I WAS GOING? I THINK SO, YEAH. SO IT'S ON THE SIX AT THE, AT THE TWO FRONTS ON EITHER SIDE. IT STARTS AT SIX AND THEN AS THE, AS IT GOES, DROPS BACK TOWARDS THE OTHER PROPERTY. SO IT DOES GET HIGHER. UH, AND UNDER THE PREMISE OF, OF MAINTAINING A LEVEL HEIGHT, THE CITY WILL ALLOW UP TO TWO FEET OF INCREASE. AH, OKAY. SO IF YOU START AT SIX AND YOU DON'T EXCEED EIGHT, IF IT'S DUE TO AN ELEVATION CHANGE AND IN THEORY THEY, WE REALLY WOULDN'T NEED TO BE HERE. WHAT MY FEAR IS, IS THAT IF WE APPROVE AN EIGHT FOOT FENCE, THEN YOU COULD PRACTICALLY GO TO A 10 FOOT FENCE. NO, NO, THAT'S IT'S NOT, I DON'T WANNA REBUILD THE FENCE ONE. WE'RE, SO HERE'S A, SO HERE'S A PICTURE HERE. SO, SO IS IT, YOU KNOW, IS IT YOUR POSITION THAT THE TOP PICTURE IS REALLY WHAT'S GOING ON IS AT THE FRONT, IS THAT SIX FOOT AND THEN YOU ARE MAINTAINING A UNIFORM HEIGHT? WE'LL SAY, UH, YES. A PARALLEL HEIGHT ALL THE WAY TO THE BACKYARD, YES. MM-HMM. AND THERE'S WHERE IT'S EXCEEDING. THAT'S CORRECT. SO THEN, SO REALLY IT'S JUST THE REAR THAT'S OF OF QUESTION, RIGHT? RIGHT. WELL THE SIDES AS YOU GET TOWARDS THE BACK TO MAINTAIN THAT PARALLEL PIECE TO GET TO THE REAR OF THE REAR IS A LITTLE HIGHER. YES. RIGHT. BUT BY, BUT BY, RIGHT. UM, THE SIX FOOT ALONG THE SIDE IS PERMITTED BECAUSE IT STARTS AT SIX FOOT AND, AND DROPS BY HEIGHT AS LONG AS IT'S NOT TALLER THAN EIGHT FOOT. AND SO BY RIGHT, YOU CAN DO THAT. BUT ACROSS THE BACKYARD THAT'S WHERE WE HAVE, UH, HAVING THE DIALOGUE. IS THAT CORRECT STAFF? SORRY, CAN YOU REPEAT THAT? APOLOGIES. WE'RE HAVING A DIFFERENT SIDE CONVERSATION ABOUT A DIFFERENT ISSUE. . SO, SO, SO IF IT IS TRUE THAT THE UH, HEIGHT, THE FENCE HEIGHT STARTS AT SIX FOOT AT THE FRONT OF THE PROPERTY AND GOES TO THE BACK PARALLEL OR, OR YEAH. PARALLEL. UM, I, I GUESS, UM, TO EARTH, UM, THAT, AND IT DOESN'T EXCEED SIX EIGHT FOOT IN HEIGHT, UM, GOING TO THE BACKYARD, THAT FENCE IS NOT REQUIRED TO BE PERMITTED OR, OR DOES REQUIRE AN EXCEPTION HERE, BUT THE FENCE, BUT THE BACK FENCE BEING THAT IT IS STARTING LOWER WOULD NEED TO BE, UM, UM, PART OF THIS DIALOGUE. SO WE REALLY DON'T NEED TO HAVE A DIALOGUE ON THE FRONT FENCE OR THE SIDE FENCE. BUT REALLY THE BACK FENCE ONLY. BUT WE WILL NEED CLARIFICATION ON THE BACK FENCE ONLY BECAUSE, UH, IT WAS JUST NOTED TO US THAT, UM, HE MAY BE BUILDING IT ACROSS AN EASEMENT. CAN YOU BRING THAT, UH, BRING UP THE SURVEY? NO, THERE, I'M NOT ACROSS THE EASEMENT. I THINK THAT, I THINK THAT LINE'S BEEN DRAWN TOO FAR THAT I, I THINK ONCE YOU GO BEYOND THAT LINE, I DON'T, I'M NOT OVER THE EASEMENT AT ALL. I'M ON THE BACK OF PROPERTY. YEAH, IT LOOKS LIKE YOU'RE IN, YOU'RE IN CAP. YOU'RE, YOU'RE STAYING ON YOUR PROPERTY LINE, BUT YOU'RE CROSSING A 20 FOOT DRAINAGE EASEMENT. I I NEVER DID. MY FENCE DOESN'T GO ACROSS THE DRAINAGE AT ALL. IT STOPS AT THE BACK OF MY PROPERTY. OKAY. SO IT LOOKS LIKE IT WAS A SITE PLAN THING. YEAH. SORRY, I DON'T THINK, I DON'T HAVE A PICTURE THAT SHOWS YOU THAT, BUT WELL, THIS IS A, THIS IS A TITLE SURVEY. YEAH. I, I DON'T, I DON'T KNOW. IT, IT LOOKS LIKE THE HIGHLIGHTED PORTION SHOULD HAVE BEEN A LITTLE BIT MORE TO THE SOUTH. YOU'RE OKAY. I, I GET IT. SO THIS, YOU, YOU TYPICALLY ON A, ON A SURVEY, THE SOLID LINE REPRESENTS A PROPERTY LINE, THE DASH LINES OR EASEMENT. MM-HMM. SO WHEN I SEE IN THE BEARING THAT'S ABOUT THE NORTH 74, 27, 58, THAT WOULD, THAT WOULD IN SIGNATE YOUR PROPERTY LINE. OKAY. AND SO IF YOU WERE TO BUILD A FENCE, YOU WOULD BE, THE FENCE WOULD BE GOING PERPENDICULAR AND CROSSING THAT 20 FOOT DRAINAGE AND THEN RUNNING ACROSS YOUR REAR PROPERTY, UH, YOUR, YOUR THE PLAT WOULD HAVE A NOTE THAT WOULD, WOULD, WOULD LIMIT YOUR ABILITY TO RESTRICT DRAINAGE FLOWS, UHHUH. SO THAT'S SOMETHING THAT STORMWATER WOULD HAVE TO LOOK AT TO MAKE SURE THAT THERE, THERE WAS NO CONFLICT WITH THE FLOWS. BUT I DON'T SEE IT NOT BE, CAN WE SHOW ANOTHER PICTURE? 'CAUSE I DON'T, I DON'T GO ANYWHERE. DON'T GO INTO THE, I DON'T GO INTO THE EASEMENT. IF YOU PULL UP THE SATELLITE VIEW ON GOOGLE, YOU CAN SEE THE EASEMENT AND AS WELL AS THE FENCE LOCATION. YEAH. THE EASEMENT'S ON THE OTHER SIDE OF THAT GATE. SO YOU'RE, YOU'RE JUST THAT BACK FENCE, YOU'RE JUST, I MEAN EVEN THOUGH THAT MIGHT BE YOUR PROPERTY, YOU'RE I NOT, YEAH. EVEN THOUGH IT MIGHT BE MY PROPERTY, I DON'T, I DON'T TREAT IT LIKE THAT. . OKAY. IT'S THE EASEMENT IS STILL THERE. I I DIDN'T EVEN TOUCH IT. THAT THAT'S, YEAH. FENCE IS IN THE SAME PLACE. EXACTLY. THE HIGHLIGHTED LINE WAS DRAWN IN BY STAFF. SO IT, IT WAS JUST TO DEMONSTRATE THAT IT'S SIDE AND REAR, BUT YEAH, SO IT COULD BE DRAWN OUT UPSCALE IF HE CONSTRUCTS A FENCE ON THE EASEMENT LINE AND NOT HIS PROPERTY LINE. SO HIS, HIS FENCE IS NOW GONNA BE 20 FOOT IN. DOES THAT, IS THAT STILL CONSIDERED A FENCE BY STAFF? YES. STRUCTURE? YES. YES. OKAY. 'CAUSE I [01:50:01] WAS ALWAYS IN THE IMPRESSION FENCES ARE ON PROPERTY LINES. IF IT'S SOMETHING IN, IT'S SOMETHING ELSE. I DIDN'T, I DIDN'T KNOW HOW THE RULES WERE APPLIED, IF THAT'S THE CASE. SO. ALL RIGHT. AND THEN I HAVE A QUESTION FOR OUR, UH, ATTORNEY, UM, SINCE IT'S, UH, YOU KNOW, IT'S IN QUESTION ABOUT, I MEAN IT LOOKS OBVIOUS THAT THERE, HE'S HOLDING SIX AND IT GOES UP TO EIGHT 'CAUSE ELEVATION DROP. BUT IS THERE A WAY A MOTION COULD BE READ TO WHERE IF FOR SOME REASON THAT'S NOT THE CASE, THAT WE'RE IT WOULD STILL HAVE SOME VALIDITY? VALIDITY? UH, I MEAN YOU COULD, I KNOW WE'RE NOT SUPPOSED TO PUT CONDITIONS, BUT CAN WE, CAN WE SAY, CAN THE MOTION STATE IN THE EVENT THAT THIS IS NOT MEETING THIS EXCEPTION, THIS MOTION IS, IS TO MOVE FORWARD OR SOMETHING? I, I CAN'T RECALL, YOU KNOW, MAKING A CONDITIONAL DEAL LIKE THAT ON THE MOTION. OKAY. I THINK YOU'D PROBABLY JUST STICK WITH THE, THE, THE HEIGHT. OKAY. COMMISSIONER AMANDA, SO THE QUESTION I GUESS I HAVE IS IF WE STATE EIGHT FOOT ON THE BACK LINE AND THEN THE SIDE FENCE NOT TO EXCEED THAT WOULD, I THINK THAT WOULD ACCOMPLISH IT? CORRECT. WHAT IS THAT YOU'RE ESTIMATE? WELL, MY, MY FEAR WAS THAT IF WE, IF WE INSINUATE THAT HE CAN GO TO EIGHT, I'M AFRAID THAT THE, THE DROP WOULD MAYBE ALLOW HIM TO GO TO 10 BECAUSE YOU, THAT TWO FOOT APPLIES IF IT, IT APPLIES. IS THAT HOW THAT WORKS? IF, IF WE GIVE HIM A, A, AN AN EXCEPTION TO THE, TO THE EIGHT FEET, COULD HE GET ANOTHER TWO FEET UNDER THAT, THAT FENCE RULE? THAT'S, THAT'S ONLY FOR UP TO EIGHT FEET. OH, OKAY. YEAH. THEN, THEN THAT WOULD BE FINE. ALL RIGHT, GREAT. RIGHT. AND I CONSULTED WITH THE ATTORNEY AND, AND YOU COULD SAY SOMETHING LIKE, REGARDLESS OF SLOPE, SHALL NOT EXCEED EIGHT FEET SOUNDS LIKE A WINNER. UH, WHOEVER MAKES A MOTION. SO IS THERE ANY OTHER QUESTIONS FOR THIS APPLICANT? ALRIGHT, HEARING NONE, I'M, WE WE'RE GONNA ENTERTAIN A MOTION. WHO WOULD LIKE TO, UH, BREATHE THE BE THE BRAVE COMMISSIONER? I'LL TRY THIS ONE. COMMISSIONER MANNA, REGARDING CASE NUMBER BO A 2 2 1 0 3 0 0 1 48, I MOVED THAT THE BOARD OF ADJUSTMENT GRANT A TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT HEIGHT FENCE HEIGHT TO ALLOW FOR A SOLID SCREEN FENCE, UM, TO BE EIGHT FOOT TALL REGARDLESS OF SLOPE, UH, ALONG THE SIDE AND REAR PROPERTY LINES SITUATED AT 5 3 5 MISSION VIEJO, APPLICANT BEING MARK NANDE. UH, 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 E D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER BECAUSE THERE WERE POSED SOLID SCREEN FENCES ONLY LOCATED ALONG THE SIDE AND REAR YARD BEHIND THE FRONT FACADE OF THE RESIDENCE. B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED BECAUSE THERE ARE NOTABLE ELEVATION CHANGES OBSERVED IN THE AREA, INCLUDING ON THE SUBJECT PROPERTY. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED, UH, BY THE SUCH PROPOSED USE BECAUSE THE EIGHT FOOT FENCE WOULD PROVIDE ADDITIONAL PRIVACY, UH, FOR NOT ONLY THE SUBJECT PROPERTY, BUT THE ADJACENT PROPERTIES THAT ALSO HAVE ELEVATION CHANGES. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, UM, LOCATION, UH, WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT BECAUSE THE FENCE IS MADE OF WOOD, WHICH IS, UH, IS PERMITTED CONSTRUCTION MATERIAL. IN ADDITION, THE FENCE IS NOT EASILY VISIBLE FROM THE RIGHT OF WAY. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT, UH, OR THE REGULATIONS HEREIN ESTABLISHED, UH, FOR THE SPECIFIC, UH, DISTRICT. BECAUSE THE CURRENT ZONING PERMITS THE CURRENT USE OF THE SINGLE FAMILY HOME, THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. UH, I WANT TO ADD A, A, A SLIGHT AMENDMENT, UH, AS I'M READING THIS, I'M SORRY, UH, THAT THE FRONT FACADE, UH, WILL NOT EXCEED SIX FOOT. OKAY. SO THAT WOULD BE MY ONLY ADD. IT'S PROBABLY, THANK YOU. RIGHT. THANK YOU. IS THERE A SECOND? SECOND, SECOND. SECOND. BY COMMISSIONER KAPLAN. COMMISSIONER MANON. YEAH. I THINK YOU KNOW THAT THIS IS A VERY SLOW PIECE OF PROPERTY AND I THINK, UH, YOU KNOW, JUST, UH, LOOKING AT, UH, I GUESS WHERE THE POOL IS AND EVERYTHING ELSE, I THINK IT'S, UH, FINE. UH, AS READ. SO I'LL BE VOTING IN FAVOR. GREAT. COMMISSIONER KAPLAN. I AGREE. ALL RIGHT. IF THERE'S ANY COMMISSIONERS YOU'D LIKE TO ADD, HEARING NONE, LET'S HAVE A ROLL CALL. VOTE PLEASE. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. ALBERT. I CONCUR. MR. MANCHACA. I CONCUR. MR. VASQUEZ. I CONCUR. MS. CRUZ. I CONCUR. MR. ZUNIGA. I CONCUR. MS. INGLES, I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. UH, OH. OH, SORRY. I CONCUR. COMMISSIONER KAPLAN CONCURS. AND THEN COMMISSIONER ORIAN CONCURS. A MOTION PASSES UNANIMOUSLY. I DIDN'T VOTE EITHER. OH, GEEZ. UH, WE NEED TO HEAR FROM COMMISSIONER TEAL. TEAL. I CONCUR. HAYDEN, WE HAVE A UNANIMOUS, [01:55:01] UH, APPROVAL. MOTION PASSES. 11 2 0. CONGRATULATIONS. THANK YOU, COMMERS. OKAY, WE'RE GONNA CALL A, UH, A BREAK MAKING AN EIGHT MINUTE BREAK. WE'LL SEE Y'ALL AT 3 0 4. WE STILL HAVE ABOUT NINE CASES TO GO, SO WE'RE GONNA JUST AS A REMARK TO THOSE IN THE, IN THE GALLERY WHEN IT'S YOUR TIME TO COME UP. LET'S KEEP IT SHORT AND SWEET. THANK YOU. I BELIEVE WE'RE ON ITEM NUMBER NINE. GOOD AFTERNOON. ITEM NUMBER NINE, BO 8 22 1 0 3 1 4 9. ADDRESS IS 2 0 2 GREEN LAWN DRIVE COUNCIL DISTRICT ONE APPLICANT JULIO RODRIGUEZ. A REQUEST FOR A TWO FOOT SPECIAL EXEMPTION FROM THE MAXIMUM SIX FOOT HEIGHT TO ALLOW A SOLID SCREEN FENCE TO BE EIGHT FOOT TALL ALONG THE SIDE AND REAR PROPERTY. LINE ZONING IS R FIVE, SINGLE FAMILY SUBJECT, UH, PROPERTY IS LOCATED ON GREEN LAWN AND IS A SINGLE FAMILY RESIDENCE. THE APPLICANT HAS INSTALLED AN EIGHT-FOOT FENCE ALONG THE SIDE AND REAR PROPERTY LINE. THE PROPERTY IS DESIGNATED HISTORIC AND THE GREEN LAWN IS ESTATE'S HISTORIC DISTRICT. AND TODAY, NO APPLICATION HAS BEEN MADE TO THE OFFICE OF HISTORIC PRESERVATION. JUST A SIDE NOTE, THE APPLICANT DID REACH OUT TO HISTORIC AND, UM, THEY'RE WAITING FOR THE RESPONSE BACK. UH, SITE PLAN AS NOTED, THE FENCE IS ALONG THE SIDE AND THE REAR OF THE PROPERTY. THIS IS THE, UH, SUBJECT PROPERTY, THE FENCE ON THE REAR OF THE PROPERTY. THIS IS THE FENCE ON THE REAR, ON THE CORNER, UH, NEIGHBORING THE NEIGHBOR AND THE, UH, SURROUNDING AREAS. RECOMMENDATION INSIDE AND REAR SPECIAL EXEMPTION STAFF RECOMMENDS APPROVAL ON BO O 8 22 1 0 3 0 0 1 4 9 BASED ON THE FOLLOWING, UH, FINDINGS OF FACT, THE TWO ADDITIONAL TWO FEET AND HEIGHT WILL PROVIDE ADDITIONAL SAFETY AND SECURITY TO THE PROPERTY DUE TO THE SWIMMING POOL IN THE REAR, IN THE REAR YARD. AND THE SUBJECT PROPERTY HAS A SWIMMING POOL NOTIFICATION PLAN, 35 NOTICES WERE MAILED. ONE IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM LOS ANGELES HEIGHTS NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE FOR QUESTIONS. ALRIGHT, THANK YOU. UH, LET'S HAVE THE APPLICANT COME UP. PLEASE. IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE. HI, UH, I'M FEA RAJO. THIS IS MY HUSBAND, JULIO RODRIGUEZ. JULIO RODRIGUEZ. UM, FIRST OFF, THANK YOU FOR TAKING, UH, A MOMENT TO REVIEW. UH, WE INITIALLY STARTED THE PROJECT, UH, MEMORIAL DAY WEEKEND FOR THE PROPERTY. AND WHEN I CALLED, THEY SAID THAT IF WE WERE FIXING IT, 25%, UH, NO PERMIT WAS NEEDED. HOWEVER, I HAVE BEEN TOLD BY OUR REPRESENTATIVE, MR. VINCENT, UH, THAT EVENTUALLY WE WERE GONNA DO IT ALL. SO A PERMIT WAS NEEDED. SO THEN WE WENT BACKWARDS, SO WE'RE APPLYING FOR THE VARIANCE, THEN WE'LL GO PAY FOR THE PERMIT. AND THEN THE HISTORIC PART, WE DIDN'T KNOW UNTIL HE CONTACTED US ABOUT THAT, AND WE CALLED HER AND SHE'S SUPPOSED TO CALL US BACK. SO INITIALLY, I JUST WANTED TO POINT OUT REAL QUICK, UM, THE, THE MAIN REASON FOR THE PROJECT START WAS, UH, BECAUSE ALL OF OUR TREES FELL. I DON'T EVEN, I DON'T KNOW IF YOU GUYS REMEMBER ALL OF THE RAIN AND WIND AND STUFF LIKE THAT. SO WE HAD, FOR LACK OF A BETTER TERM, A JUNKYARD FENCE, JUST LIKE ALL THE GUYS WERE SAYING, YOU KNOW, OH, IT WAS A JUNKYARD, IT WAS AWFUL. AND WE PUT IT UP 17 YEARS AGO, AND THAT'S BECAUSE WE HAD TWO KIDS IN COLLEGE AND WE WERE LIKE, PRIVACY, WE WANT PRIVACY. AND SO WE STUCK WHATEVER WE COULD BACK THERE. NEVER HAD ANY ISSUES ABOUT IT. UM, OH, COOL. POINTER. UM, OKAY, SO, WELL, I DON'T KNOW IF IT'S WORKING. OH, PUSH IT. SORRY. UH, SO HERE, IT, THIS INITIALLY WAS AN EIGHT FOOT CHA CHAIN LINK FENCE, AND THEN WE THREW THE STUFF ON TOP FOR PRIVACY. SO WHEN ALL THE RAIN CAME, UH, LAST SEASON, ALL OF OUR TREES FELL, LIKE ALMOST ALL OF THEM. AND I HAVE OTHER PICTURES THERE, AND YOU CAN SEE WHERE THE WOOD FENCE AND THE CHAIN LINK FENCE, UH, COINCIDE AND MEET. OKAY. AND SO THEN, UH, WE BASICALLY, UH, WE'RE BOTH TEACHERS, SO WE TEACH IN SS C I S D, WE HAVE A LOT OF STUDENTS. AND ONE OF THE STUDENTS' PARENTS WAS LIKE, I CAN HELP YOU BUILD A FENCE, RAJO. AND I SAID, GREAT. I HELPED HER, HIS KID GET TO COLLEGE. SO HE WAS MORE THAN WILLING TO HELP US. AND SO WE JUST DID PIECE BY PIECE FROM MEMORIAL DAY WEEKEND, UH, UP UNTIL, UH, JULY WHEN WE GOT, UM, CODED, I GUESS THAT'S THE RIGHT WORD YOU CAN SAY, BUT THAT'S OUR NEW FENCE. THAT'S A BETTER ANGLE. WE ARE EXACTLY, OUR PROPERTY IS A SPECIAL PROPERTY. UH, OUR FRONT IS GREEN LAWN AND OUR BACK IS GARDENA. SO WE SIT AT A [02:00:01] VERY PUBLIC STREET ON GARDENA. UM, I APPLIED FOR THE VARIANCE AND THERE WERE VERY SPECIFIC QUESTIONS, AND ONE OF THEM WAS THE REASON FOR IT. MOST OF THE TIME IT'S FOR PRIVACY OF COURSE, BUT ALSO FOR SAFETY, BECAUSE OUR POOL IS A REGULAR SPORTS POOL. UH, HE TAUGHT AT WHITTIER DOWN THE STREET, AND ALL OF THE STUDENTS LIVE IN OUR AREA. AND WHEN WE WERE, UH, YOUNGER , THEY WOULD COME AROUND AND THEY WOULD LIKE TRY TO JUMP THE AREA AND ONE OF THEM CUT THEIR HAND ON THE METAL FENCE TOO. AND, UH, YOU KNOW, SO WE WERE LIKE, YOU GOTTA BE, YOU KNOW, SO THEY ALWAYS CAME AROUND THE FRONT EVENTUALLY. BUT, UM, I WANTED TO ALSO POINT OUT THAT THERE ARE, UM, A TOTAL OF FIVE DIFFERENT PROPERTIES, UH, THAT GO LIKE OURS FROM, UH, GREENLAND TO GARDENA, AND IT HAS THE SAME LOT. AND THESE ARE THEIR FENCES. UH, SO WE'RE NOT GOING AGAINST ANY OF THE, I GUESS THE, THE NEIGHBORS, HOWEVER YOU WANT TO, UH, WORD THAT OR THE DESIGN. UM, AND SO ALL OF THEIR ARE EIGHT FOOT, AND THAT'S KIND OF WHERE WE GOT OUR IDEA FOR EIGHT FOOT. AND THEN, UH, THIS IS MY HUSBAND, SO YOU COULD SEE THE MEASUREMENTS. UM, MY HUSBAND'S SIX SIX AND UH, THAT'S THE EIGHT FOOT FENCE. AND THERE ARE FIVE OTHER PROPERTIES. ALRIGHT. THIS IS THE BEST PICTURE, I THINK, UH, OF THE NEW FENCE, SO YOU COULD SEE IT IN ITS ENTIRETY ON THE BACK. THANK YOU FOR YOUR POINTER. ALL RIGHT. THANK YOU VERY MUCH. MM-HMM. , UH, STAFF, ANY PUBLIC COMMENT? OKAY. NO, SIR. NONE. ALL RIGHT. ANY QUESTIONS FOR THE APPLICANT? ALL RIGHT. RIGHT. THANK YOU VERY MUCH. THANK YOU. UH, I'M LOOKING FOR A MOTION TEAL. OKAY. COMMISSIONER TEAL. REGARDING CASE NUMBER BO A DASH 22 DASH 0 3 0 1 49, I MOVE TO THE BOARD OF ADJUSTMENT GRANT REQUEST FOR A TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT FENCE HEIGHT TO ALLOW A SOLID SCREEN FENCE TO BE EIGHT FOOT TALL ALONG THE SIDE AND REAR PROPERTY LINE SITUATED AT 2 0 2 GREEN LINE DRIVE APPLICANT BEING JULIO RODRIGUEZ, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOWED 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 UNNECESSARY HARDSHIPS. SPECIFICALLY, WE FIND A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND THE PURPOSE OF THE CHAPTER. BECAUSE U D C STATES THAT THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR FENCE TYPE MODIFICATION. THE FENCE BEING REQUESTED IS AN EIGHT FOOT WOOD FENCE ALONG THE SIDE AND REAR PROPERTY LINES. IF GRANTED, STAFF FINDS THE REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE. B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED BECAUSE IN THIS CASE, THESE CRITERIA ARE REPRESENTED BY FENCE HEIGHTS TO PROTECT RESIDENTIAL PROPERTY OWNERS PRIVACY, WHILE STILL PROMOTING A SENSE OF COMMUNITY, AN EIGHT FOOT TALL FENCE ALONG THE SIDE AND REAR PORTION OF THE YARD DOES NOT POSE ANY ADVERSE EFFECTS TO THE PUBLIC WELFARE. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE BECAUSE THE FENCE WILL CREATE ENHANCED PRIVACY FOR THE SUBJECT PROPERTY ON THE SIDE AND REAR YARD, AND IS UNLIKELY TO SUBSTANTIALLY INJURE THE 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, BECAUSE THE REQUEST FOR AN ADDITIONAL FENCE HEIGHT IS DUE TO PRIVACY BECAUSE OF A SWIMMING POOL IN THE REAR YARD. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE AND ESTABLISHED FOR THE SPECIFIC DISTRICT, BECAUSE THE GRANTING OF A SPECIAL EXCEPTION WILL NOT WEAKEN THE PURPOSES OF THE RESIDENTIAL ZONING DISTRICT INTO MOTION. SECOND. HAVE A SECOND BY COMMISSIONER MANN AND COMMISSIONER THIEL. UH, YEAH, I'LL BE IN FAVOR OF THIS. IT'S A VERY UNIQUE LOT, UH, HAVING THE POOL AND, UH, YOU KNOW, JUST GOING FROM ONE STREET TO THE NEXT, UH, IT SEEMS LIKE BOTH PRIVACY AND SAFETY ARE PARAMOUNT. ALL RIGHT. COMMISSIONER MADON. I CONCUR WITH MY COLLEAGUE. FANTASTIC. ANYONE ELSE? COMMISSIONER CHAKA. CHAKA? UH, I ALSO AGREE, BUT DO WE NEED TO STATE THAT IT WAS ON THE LEFT SIDE OF THE FENCE, THE EIGHT FOOT? BECAUSE THE OTHER NEIGHBOR DOESN'T HAVE A FENCE YET. THAT'S, IT'S JUST, SO HE COMES BACK AND WANTS TO BUILD ANOTHER EIGHT FOOT FENCE ON THE RIGHT SIDE. DOES HE NEED ANOTHER PERMIT? UH, WE HAD, UM, IT WAS, IT WAS APPLIED FOR THE SIDE AND REAR PROPERTY LINE STAFF. THE APPLICATION FOR, FOR BOTH SIDES. Y YES. JUST AS IT WAS STATED. THE SIDE AND REAR? YEAH. OKAY. YES. SO IT, IT'S IN THERE. ALL RIGHT, WITH THAT, LET'S HAVE A ROLL CALL. VOTE. MR. TEAL. YES, I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. ALBERT. I CONCUR. MR. MENCHACA. I CONCUR. MR. VASQUEZ. I CONCUR. MS. CRUZ, I CONCUR. MR. ZUNIGA. I CONCUR. MS. KAPLAN I CONCUR. MS. INGLES, I CONCUR. CHAIR ORIAN. I ALSO CONCUR. UH, MOTION PASSAGE UNANIM. MS. LEE, CONGRATULATIONS. [02:05:02] ALRIGHT, ITEM NUMBER 10. ITEM NUMBER 10 BEING B O A 22 1 0 3. 0 0 1 5 2. ADDRESS BEING 2103 WEST WILDWOOD COUNCIL, DISTRICT ONE, APPLICANT BEING DORIO MAREZ. A REQUEST FOR A ONE THREE FOOT EIGHT INCH VARIANCE FROM THE FIVE FOOT FRONT YARD FENCE HEIGHT TO ALLOW A EIGHT FOOT TO EIGHT INCH FENCE IN THE FRONT YARD. TWO, A TWO FOOT SPECIAL EXCEPTION FROM THE SIX FEET SIDE FENCE HEIGHT TO ALLOW AN EIGHT FOOT FENCE IN THE SIDE YARD. THREE. A 16 FOOT VARIANCE FROM THE 25 FOOT MINIMUM CLEAR VISION REQUIREMENT TO ALLOW A FENCE TO BE NINE FEET FROM THE CORNER CURB. FOUR. A NINE FOOT VARIANCE FROM THE 15 FOOT MINIMUM CLEAR VISION TO ALLOW A FENCE TO BE SIX FEET FROM THE FRONT DRIVEWAY. FIVE. A NINE FOOT VARIANCE FROM THE 15 FOOT MINIMUM CLEAR VISION REQUIREMENTS TO ALLOW A FENCE TO BE SIX FEET FROM THE SIDE DRIVEWAY. SIX. A NINE FOOT VARIANCE FROM THE 15 FOOT MINIMUM CLEAR VISION REQUIREMENTS TO ALLOW A FENCE TO BE SIX FEET FROM THE WESTERN NEIGHBOR'S DRIVEWAY. AND SEVEN, A VARIANCE FROM THE FENCE MATERIALS TO ALLOW FOR A CORRUGATED METAL FENCE ALONG THE NORTHERN AND WESTERN PROPERTY LINE. THE ZONING FOR THIS PROPERTY IS GONNA BE R FOUR A H O D, RESIDENTIAL SINGLE FAMILY AIRPORT HAZARD OVERLAY. DISTRICT CASE SUMMARY BEING THE SUBJECT PROPERTY IS LOCATED ALONG WEST WILDWOOD STREET, NEAR THE INTERSECTION OF I H 10 WEST AND WEST AVENUE, AND IS CURRENTLY A SINGLE FAMILY RESIDENCE. THE APPLICANT HAS FENCES BUILT WITHOUT PERMITS THAT WENT OVER THE PERMITTED HEIGHT. UM, UPON STAFF SITE VISITS, STAFF OBSERVE CLEAR VISION AND FENCE MATERIAL DISCREPANCIES WITHIN WITH THE U U C D, THE FRONT SIDE AND REAR. THE FRONT SIDE AND REAR YARD FENCE HIGH ARE ALL ALMOST EIGHT FEET EXCEPT FOR THE SUPPORT POLES, WHICH GO AS HIGH AS EIGHT FEET, EIGHT INCHES. WHILE OTHER FRONT YARD FENCES WERE OBSERVED IN THE AREA, NONE APPEARED HIGHER THAN FIVE FEET. HERE IS THE SITE PLAN, THE SUBJECT PROPERTY, THE FRONT YARD FENCE, THE FRONT FENCE MEASUREMENT OF EIGHT FOOT EIGHT INCH SUPPORT POLES. CORNER, CLEAR VISION MEASUREMENT OF NINE FEET SIDE DRIVEWAY, CLEAR VISION MEASUREMENT OF SIX FEET. FRONT DRIVEWAY, CLEAR VISION MEASUREMENT OF OF SIX FEET. THE SIDE YARD FENCE, THE SIDE YARD FENCE MEASUREMENT OF EIGHT FEET. AND LASTLY, THE CORRUGATED METAL FENCE IN THE REAR YARD. AND THEN HERE, JUST SOME PICTURES OF THE SURROUNDING AREA. STAFF RECOMMENDATION BEING FOR THE FENCE. HEIGHT, CLEAR VISION AND FENCE MATERIAL VARIANCES. STAFF RECOMMENDS DENIAL IN BO O A 2 2 1 0 3 0 0 1 5 2 BASED ON THE FOLLOWING FINDINGS OF FACT, THE CLEAR VISION WOULD BE CONTRARY TO PUBLIC INTEREST. AND TWO, NO OTHER SIMILAR FENCE, HEIGHT AND MATERIAL WAS OBSERVED IN THE AREA. UH, RECOMMENDATION FOR THE SPECIAL EXCEPTION FOR FENCE HEIGHT MODIFICATIONS, STAFF RECOMMENDS DENIAL IN, UM, BO O A 2 2 1 0 3 0 0 1 5 2. BASED ON THE FINDING FACTS, THE ADDITIONAL FENCE HEIGHT WILL CHANGE THE ESSENTIAL CHARACTER OF THE DISTRICT. AND TWO, NO OTHER SIMILAR FENCE HEIGHT WAS OBSERVED IN THE AREA. UH, HERE'S THE NOTIFICATION PLAN. WE HAD MAILED OUT 37 NOTICES. ONE IS IN FAVOR, ONE IN OPPOSITION. AND LASTLY, THE LOS ANGELES HEIGHTS NEIGHBORHOOD ASSOCIATION IS OPPOSED. AND HERE IS A RESPONSE FORM. AND THEN HERE IS AN EMAIL THAT WE HAVE RECEIVED FROM THE LOS ANGELES HEIGHTS NEIGHBORHOOD ASSOCIATION. ALRIGHT, UH, AND JUST ONE QUICK QUESTION. STAFF IS NOT, UH, CONSIDERING ANY ALTERNATE RECOMMENDATION. IT'S FULL DENIAL ALL THE WAY. NO. ALRIGHT, THANK YOU. IS THE APPLICANT PRESENT? UH, THE APPLICANT IS NOT HERE TODAY. OKAY. DID THEY EXPRESS ANY WISHES FOR A CONTINUANCE? UH, THEY DID NOT. ALRIGHT THEN. SO WITH THAT, UM, SINCE WE HAVE NO ONE TO ASK QUESTIONS TO, UNLESS SOMEONE HAS A QUESTION FOR STAFF, I'M EITHER LOOKING FOR A MOTION OR, UM, OR THIS THING COULD, UH, NOT MOVE FORWARD BY LACK OF MOTION. SO ALSO WE DID NOT HAVE ANY PUBLIC COMMENT. ALRIGHT? OH, THANK YOU. . IT'S A QUESTION FOR STAFF. YES. Y Y'ALL HAVE BEEN IN COMMUNICATION WITH THE APPLICANT, CORRECT? YES. AND THE APPLICANT DIDN'T. SO, JOSEPH, CAN YOU, UM, YES, SIR. I HAVE TRIED CALLING HIM AND EMAILING HIM, UM, AND NO RESPONSE FROM HIM. AND, UH, AND, AND THERE WAS, AT NO TIME THERE WASN'T ANY INQUIRY ABOUT A CONTINUANCE OR [02:10:01] WANTING TO COORDINATE WITH MORE NEIGHBORS OR THE NEIGHBORS ASSOCIATION OR ANYTHING? NO, SIR. OKAY. SO WITH THAT, UH, IF ANYONE WOULD LIKE HIM MAKE A MOTION OR NOT MAKE A MOTION. I'LL COUNT TO 10. YOU KNOW WHAT, I'LL MAKE A MOTION. OKAY. COMMISSIONER CAP. OKAY. REGARDING CASE NUMBER B O A TWO DASH 103 52, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A TWO FOOT SPECIAL EXEMPTION FROM THE SIX FOOT SIDE FENCE HEIGHT TO ALLOW AN EIGHT FOOT FENCE IN THE SIDE YARD, SITUATED AT 2103 WEST WILDWOOD DRIVE. APPLICANT BEING DORIO MAR, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER BECAUSE THE PROPOSED SOLID SCREEN FENCE IS ONLY LOCATED ALONG THE SIDE YARD. ADDITIONALLY, IT WILL PROVIDE SAFETY FOR THE PROPERTY. B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED BECAUSE AN EIGHT FOOT SOLID SCREEN FENCE ALONG THE SIDE YARD OF THE PROPERTY DOES NOT PRESENT ANY CALAMITOUS EFFECTS TO THE PUBLIC WELFARE. C THE NEIGHBORING PROPERTY WILL SUBSTANTIALLY INJURED BY SUCH PROPOSED USE BECAUSE THE EIGHT FOOT FENCE WOULD PROVIDE ADDIT NOT ON THE SUBJECT PROPERTY, BUT THE ADJACENT PROPERTIES. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT BECAUSE THE FENCE IS MADE OF WOOD, WHICH IS A PERMITTED CONSTRUCTION MATERIAL. ADDITIONALLY, OTHER SIDE YARD FENCES WERE FOUND IN THE COMMUNITY, WHICH DOES NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. BECAUSE THE CURRENT ZONING PERMITS THE CURRENT USE OF FAMILY HOME, THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. THAT'S IT. WHY DOES IT NOT SAY SIX? END OF ACTION. YOU HAVE TO STAND. MOTION. MOTION. SECOND. MOTION. YOU HAVE A MOTION AND A SECOND BY COMMISSIONER THIEL. COMMISSIONER KAPLAN. I, I AM GOING TO BE AGAINST THIS BECAUSE A, THERE IS NO REASON. WE, WE HAVE NOT, THE APPLICANT HAS NOT TOLD US ANY INFORMATION AS TO WHY THERE'S NO POOL IN THE YARD. UM, AND THAT'S BASICALLY IT. THERE'S NO, THERE'S NO REASON TO GRANT THIS EXCEPTION. COMMISSIONER THIEL, I'LL BE IN AGREEMENT. UH, COMMUNICATION EFFORTS WERE MADE BY STAFF. UH, NO RESPONSE. THEREFORE, UH, I'LL BE AGAINST THIS MOTION. IF NO ONE HAS ANYTHING TO ADD, WE CAN GO TO A ROLL CALL VOTE. MS. KAPLAN. I AM NOT IN CONCURRENCE. DO I DO NOT CONCUR MR. TEAL? I DO NOT CONCUR. MR. SPIELMAN. I DO NOT CONCUR. MR. ALBERT. I DO NOT CONCUR. MR. MENCHACA. I DO NOT CONCUR. MR. VASQUEZ. I DO NOT CONCUR. MS. CRUZ. I DO NOT CONCUR. MR. MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. ZUNIGA. I DO NOT CONCUR. MS. INGLES? I DO NOT CONCUR. CHAIR ORIAN. I ALSO DO NOT CONCUR. MOTION FAIL. ZERO TO 11. UH, WITH REGARDS TO THE VARIANCE ASPECT OF THIS, UH, QUESTION FOR THE ATTORNEY, IF NO MOTION IS MADE, IS THIS STILL CONSIDERED A DENIAL? AND THE, AND THE ONE YEAR ATTACHES TO IT? IT, IT IS A DENIAL WITHOUT THE MOTION. UM, AND OKAY, SO IF NOBODY WANTS TO GO THROUGH READING A MOTION, WE CAN JUST, UH, MOVE FORWARD. IS THERE A COMMISSIONER WHO'D LIKE TO MAKE A MOTION REGARDING THE VARIANCE ASPECT OF THIS CASE? ALL RIGHT. HEARING NONE, UM, UH, IT IS CONSIDERED DENIED THROUGH LACK OF MOTION. IF YOU COULD PUT THAT IN THE MINUTES, PLEASE. ALL RIGHT. NEXT ITEM. ITEM 11. GOOD AFTERNOON. ITEM NUMBER 11 IS FOR CASE BOA DASH 22 DASH 0 3 0 1 54, LOCATED AT 3 1 8 UTAH WITHIN, EXCUSE ME, COUNSEL, DISTRICT TWO. UM, THE APPLICANT BEING ANTONIO MARTEL IS A REQUEST FOR ONE A 1,160 SQUARE FOOT VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT LOT SIZE REQUIREMENT TO ALLOW LOT SIZE OF 2,840 SQUARE FEET TO A ONE FOOT NINE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW STRUCTURE TO BE THREE FEET, THREE INCHES FROM THE SIDE PROPERTY LINE. UM, THIS IS FOR THE EXISTING PRIMARY STRUCTURE ON THE PROPERTY. AND TWO, UH, EXCUSE ME, THREE, UH, TWO FOOT FIVE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW CARPORT TO BE TWO FEET [02:15:01] SEVEN INCHES FROM THE SIDE PROPERTY. LINE FOUR, A 12 FOOT 10 INCH VARIANCE WITH A FIVE FOOT CREDIT FROM THE ALLEY, FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW STRUCTURE TO BE TWO FEET, TWO INCHES FROM THE REAR PROPERTY LINE. I DO NEED TO MAKE A CORRECTION ON THE LAST REQUESTED VARIANCE. SINCE THE PROPERTY IS OWNED RMM FOUR, UM, THEY O THEIR VARIANCE SHOULD ONLY BE A FIVE FOOT VARIANCE TO ALLOW THE REAR STRUCTURE OF THE PATIO TO BE FIVE FEET. UM, SINCE THE RM FOUR DISTRICT, UH, JUST REQUIRES A 10 FOOT REAR SETBACK AND NOT THE 20, SO THE SUBJECT PROPERTY IS ON THE EAST SIDE OF SAN ANTONIO. UM, LAST OR A COUPLE MONTHS AGO, THERE WAS A CODE CASE THAT WAS STARTED DUE TO THE STRUCTURE BEING IN A BAD STATE. IT'S BEEN DILAPIDATED AND YOU'LL SEE SOME PICTURES. UM, THEY ALSO DID GET STOPPED FOR WORKING WITHOUT PERMITS. UM, THE APPLICANT IS REQUESTING A 1,160 SQUARE FOOT VARIANCE TO ALLOW THE LOT SIZE TO REMAIN AT 2,840 SQUARE FEET. UH, RM FOUR REQUIRES A 4,000 SQUARE FOOT REQ, UH, LOT SIZE REQUIREMENT. ADDITIONALLY, THE APPLICANT IS PROPOSING TO REMODEL THE ENTIRE STRUCTURE. THEY WILL BE ADDING A SECOND STORY. THEY'RE GONNA ADD A SIDE CARPORT AND THEN THE BACK, THEY'RE GONNA DO A PATIO COVER, UM, DUE TO THE LOCATION OF THE PRIMARY STRUCTURE RIGHT NOW, THERE IS ALSO THAT ONE FOOT NINE INCH VARIANCE BEING REQUESTED BECAUSE THE STRUCTURE IS ONLY THREE FEET, THREE INCHES FROM THE SIDE PROPERTY LINE. THE CARPORT TO THE SIDE WILL MAINTAIN TWO FEET, SEVEN INCHES FROM THE SIDE PROPERTY. UM, AND THEN THE REAR STRUCTURES PROPOSED TO MAINTAIN TWO FEET, TWO INCHES FROM THE REAR PROPERTY LINE. SO THERE IS ALSO AN ALLEYWAY IN THE REAR THAT MEASURES AT 10 FEET. SO THEY DO HAVE, UH, THEY'RE ABLE TO UTILIZE HALF OF THE ALLEYWAY TOWARDS THE CREDIT FOR THE REAR SETBACK. LIKE I MENTIONED, THE ARM FOUR DISTRICT REQUIRES A 10 FOOT FRONT SETBACK, FIVE FOOT SIDE, AND 10 FOOT REAR SETBACK. SO HERE IS THE SITE PLAN. YOU CAN SEE WHERE THEY'RE PROPOSING TO PUT THE CARPORT, THE COVERED PATIO ON THE REAR. AND THEN OF COURSE, YOU CAN SEE THAT THE EXISTING STRUCTURE IS ONLY THREE FEET, THREE INCHES FROM THE SIDE. UM, THE EXISTING STRUCTURE. NEXT SLIDE. GO BACK. OH, WAIT, NEXT. OKAY. SO THIS IS WHAT THE CURRENT, UM, STRUCTURE LOOKS LIKE AS OF RIGHT NOW. UM, NEXT SLIDE. SO THIS IS JUST SHOWING WHERE THE PROPOSED CARPORT WILL BE LOCATED, AND YOU'LL SEE THAT THE PROPOSED SET SETBACK IS ONLY TWO FOOT SEVEN INCHES. AND THIS IS THE REAR, UH, SO THE REAR YARD, AND THEY ARE PROPOSING THAT REAR ADDITION. AND THEN THEY'LL HAVE THAT TWO FOOT, TWO INCH REAR SETBACK. AND THEN THERE IS AN ALLEYWAY IN THE BACK. THAT'S THE ALLEYWAY. THIS IS THE EXISTING STRUCTURE. AND SO IT'S, UH, CURRENT SIDE SETBACK. AND THEN THIS IS JUST A CARPORT SIMILAR TO THE ONE THAT THEY'RE PROPOSING FOUND IN THE AREA. AND THEN HERE'S ANOTHER CARPORT, SIMILAR FOUND IN THE AREA . UM, SO STAFF RECOMMENDS APPROVAL FOR THE MINIMUM LOT SIZE VARIANCE BASED ON THE FOLLOWING FINDINGS. ONE, THE LOT SIZE, EXCUSE ME. THE LOT SIZE IS CURRENTLY 2,840 SQUARE FEET. TWO, THE PROPERTY WAS PLATTED IN 1923. THE LOT SIZE VARIANCE WILL ALSO ALLOW THE REDEVELOPMENT OF THE PROPERTY. AND THEN AS FAR AS THE SIDE AND REAR SETBACK VARIANCE. SO STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, THE EXISTING STRUCTURE CANNOT MAINTAIN THE REQUIRED SIDE SETBACK. TWO, THE SMALL SIZE AND CONFIGURATION OF THE LOT PRESENTS HARDSHIPS TO CONSTRUCTION WITH THE U D C SETBACK REQUIREMENTS IN PLACE. THREE, THERE ARE NON-CONFORMING STRUCTURES NOT MEETING THE SIDE SETBACK OR REAR SETBACKS REQUIREMENTS OBSERVED IN PROXIMITY TO THE SUBJECT SITE AND FOR THE PROPERTY OF HUDSONS ALLEYWAY ALONG THE REAR PROPERTY LINE, WHICH GIVES THE REAR SETBACK A CREDIT OF FIVE FEET. SO, UH, WE MAILED OUT 37 NOTICES. UM, WE DID NOT RECEIVE A RESPONSE IN SUPPORT AND OPPOSITION OF THE REQUEST. WE ACTUALLY JUST RECEIVED A RESPONSE FROM DENVER HEIGHTS ABOUT MAYBE 20 MINUTES AGO. YOU CAN PULL THAT ONE UP. AND SO, UM, DENVER HEIGHTS IS, UM, AND OPPOSED TO THE REQUEST AS OF THIS TIME. UM, WE ALSO DID INCLUDE SOME PRELIMINARY RENDERINGS AND FLOOR PLANS, WHICH ARE FOUND IN THE NEXT FEW SLIDES OF THE PRESENTATION FOR THE APPLICANT TO USE DURING THEIR PRESENTATION. UM, [02:20:01] THIS DOES CONCLUDE STAFF'S PRESENTATION. WE DO HAVE A REPRESENTATIVE HERE TO ANSWER ANY QUESTIONS BEFORE YOU GO. IT SAID EARLIER IN THE PRESENTATION THAT THEY WERE, THE DENVER HEIGHTS ASSOCIATION WAS IN FAVOR OF THIS, AND NOW YOU JUST SENT US A LETTER AGAINST IT. SO HOW DID YOU GET THAT? IT WAS IN FAVOR? UM, I'M SORRY. I I DON'T, I'M NOT, I DON'T RECALL PUTTING IN FAVOR OF THE REQUEST. YEAH, I THOUGHT IT WAS IN FAVOR. OH, IT WAS IN FAVOR? NO, NO, NO. THERE WAS NO RESPONSE. AND MY APOLOGIES. THERE WAS NO RESPONSE AT THE TIME. UM, THIS IS THE ONLY RESPONSE THAT WE'VE RECEIVED. OKAY. OKAY. WELL, LET'S GET THE APPLICANT UP HERE AND, OKAY. I HAVE A QUESTION. STAFF BEFORE SHE LEAVES. YES. COMMISSIONER SHANKA, I I, IS THIS STRUCTURE GONNA BE DEMOLISHED OR ARE THEY GONNA BUILD OVER THIS? UM, NO. SO THEY'RE GONNA KEEP WHAT'S THERE AND THEY'RE JUST GONNA REMODEL IT AND ADD A SECOND STORY, ADD A CARPORT, AND THEN A REAR ADDITION, AND THEY CAN ELABORATE A LITTLE BIT MORE ABOUT THEIR SCOPE OF WORK. WELL, I'M ASKING YOU THAT THIS STRUCTURE, SEEING SOMETHING LIKE THIS BEFORE, IF THIS IS THE ONE, LIKE A SLIDE 99, THIS LOOKS LIKE A DANGEROUS STRUCTURE. UH, THERE IS A CODE CASE FOR THIS, AND THEY'VE BEEN FOLLOWING IT. MY UNDERSTANDING IS THAT THEY ARE JUST WAITING TO SEE HOW THIS, UM, MEETING ENDS, WHAT THE, WHAT THE CONCLUSION OF IT IS. UM, OTHERWISE THEY MAY HAVE TO ATTEND THE BUILDING STANDARDS BOARD MEETING, BUT THAT I, I DON'T HAVE THE FULL DETAILS OF WHETHER THAT'S EVEN BEEN SCHEDULED OR NOT. YEAH. SO THE, THE, THE, THE CITY CAN, CAN MOVE FORWARD THROUGH THE BUILDING STANDARDS COMMITTEE, UH, BOARD ABOUT, UH, FORCING PEOPLE TO DEMO STRUCTURES AND FINES AND ALL THAT GOOD STUFF. BUT USUALLY THEY TRY TO WORK OUT PRETTY EXTENSIVELY WITH THE PROPERTY OWNER. SO, WE'LL HOPEFULLY WE'LL HEAR IF THERE'S BEEN ANY, UH, INTERACTION OR COMMENTARY TO THE QUESTION. ALL RIGHT. UM, THEN ALSO QUESTIONS. YES. SO THE STAFF, I THINK IF I WAS READING THAT NOTE, IT LOOKED LIKE, UM, THE, UM, DENVER HEIGHTS WAS LOOKING, IT ALMOST SOUNDED LIKE THEY WERE LOOKING FOR A CONTINUANCE TO HAVE AN OPPORTUNITY TO TALK WITH THE APPLICANT. IS THAT WHAT I READ? YES. YEAH. SO LET'S, YES, THAT'S WHAT IT SOUNDS LIKE. OKAY. UH, IF YOU PLEASE STATE YOUR NAME. UH, MY NAME IS JOSE VALDEZ. UH, I OWN THIS HOUSE. UH, WE BOUGHT IT LIKE THAT. AND, UH, I DID NOT KNOW THAT THERE WAS AN ASSOCIATION FOR DENVER HEIGHTS, BUT READING THAT, I DEFINITELY AM GONNA REACH OUT TO THEM SINCE, SINCE WE BOUGHT IT. WE ARE, UM, WE'VE MET WITH D H R ARCHITECTS. UH, THEY, WE HAVE PLANS FOR IT. WE HAVE, UM, CURRENTLY THE PLANS ARE WITH OUR ENGINEERS RIGHT NOW, SO THEY CAN ENGINEER THE FOUNDATION, ADDRESS ANYTHING THAT MIGHT NOT BE UP TO CODE. WE WANNA BRING EVERYTHING UP TO CODE. AND WITH THE WAY THAT THAT NEIGHBORHOOD AND THE NEIGHBORHOOD IN GENERAL ALL AROUND THAT AREA OF TOWN, IT'S ALL NEW BUILDS AND REMODELS. AND, AND SO WE WANNA BE, WE WANNA JUST ADD TO THE VALUE OF THE NEIGHBORHOOD. OKAY. I'M, I'M GONNA JUMP IN. I NEED TO ASK A COUPLE QUESTIONS, UH, JUST TO MAKE SURE WE'RE ALL ON THE RIGHT PAGE. DID YOU GET ANY DOCUMENTATION FROM THE BUILDING STANDARDS BOARD? YES, I DID. MS. ALICIA VALEZ, UH, HER AND I HAVE BEEN SPEAKING BACK AND FORTH. I'VE CALLED HER A COUPLE TIMES. SHE'S SENT ME SOME LETTERS. AND SO WE'VE TALKED, I SAID, LOOK, I HAVE A MEETING TODAY. UM, AND I SAID, YOU KNOW, BUT THEY'RE, I THINK, BUT THEY'RE, ARE THEY RECOMMENDING YOU, UH, KNOCK IT DOWN OR, OR AT LEAST MEDIATE IT? SHE SAID SHE WAS, SHE WAS GONNA SIT AND TALK WITH US. OKAY. AND THAT IT WOULD BE POSSIBLE TO DEMOLISH THE STRUCTURE. I SAID, WELL, HOLD ON. UM, THIS IS THE FIRST TIME WE'VE TALKED. JUST MY, I'VE GOT MY PLANS, I'M GOING TO ENGINEERS. I'M WAITING FOR THAT. AS SOON AS I DO, I GO TO PERMITS. OKAY. AND I WANNA START BUILDING. BUT NOW THAT I KNOW THAT DENVER, UH, DENVER HEIGHTS ASSOCIATION, I'M DEFINITELY GONNA REACH OUT TO THEM BECAUSE I WANT THEM TO BE INVOLVED AND, AND APPROVE OF EVERYTHING. SO IT'S, IT'S VERY COMMON, UH, FOR US TO BE, UH, VERY, UH, INTERESTED TO HEAR WHAT NEIGHBORHOOD ASSOCIATIONS SAY, ESPECIALLY WHEN THEY'RE ASKING FOR DIFFERENT COMMUNICA LINE OF COMMUNICATION. UH, DO YOU HAPPEN TO KNOW WHEN THE NEXT TIME THEY MEET ARE THE NEXT TIME WHAT, THE NEXT TIME THEY MEET? OR WHEN YOU COULD ASK DISCUSSION? I, I HAVE NO IDEA. I, I DIDN'T KNOW THERE WAS ASSOCIATE. AND GRANTED, I HAVEN'T DONE MUCH DIGGING YET BECAUSE AT THE POINT IN TIME WE'RE AT WITH THIS PROJECT, SO, OKAY. UM, SO WHAT'S, SO I'M, I'M JUST, UH, I'M GONNA LET YOU, YOU KNOW, FINISH, BUT THIS BOARD HAS THE ABILITY TO, UH, YOU KNOW, ENTERTAIN A MOTION AND DECIDE ON WHAT YOU'RE APPLYING FOR, BUT WE CAN ALSO ASK FOR A CONTINUANCE. UM, AND SO I DIDN'T KNOW IF YOU WOULD JUST WOULD LIKE TO PURSUE THAT AT THIS POINT TO TRY TO GO, UH, MEET WITH DENVER HEIGHTS, OR DID YOU WANT TO JUST MOVE FORWARD, UH, WITH THIS CASE AS, AS PRESENTED? I DUNNO. I MEAN, I, I, I WANT TO GET IT APPROVED, OBVIOUSLY, BUT I DO WANNA GET ON BOARD WITH DENVER HEIGHTS ASSOCIATION. I DON'T WANNA SHUN THEM IN ANY WAY AT ALL. OKAY. UM, AND BY THE SAME TOKEN, ALICIA JUST TOLD ME WHATEVER HAPPENS BASED ON THIS, UH, THE ACTIONS, TAKEN THE DECISION, UM, TO SEND HER THE DOCUMENTATION, AND THEN WE'LL GO FROM THERE. OKAY. UM, SOONER YOU GO. YEAH. UH, COMMISSIONER ZUNI, GO, UH, QUESTION. YES, SIR. YES, IT IS. UH, OH. IT'S GOOD THAT IT CAME FOR A PERMIT. OKAY. [02:25:05] TURN COMMISSIONER, CAN YOU HIT THE OH, YEAH. I TOLD YOU I HAVEN'T BEEN HERE. HA HAS, UH, YOU HAVEN'T GONE THROUGH THE BOARD OF ADJUSTMENTS ON IT, RIGHT? NO, SIR. OKAY. AND, UH, BUT, BUT WHO ADVISED YOU TO COME TO THE BOARD OF A, UH, TO COME HERE TO THE BOARD OF ADJUSTMENTS? UH, WITH AN ANTONIO? UH, WE WERE SEEKING A VARIANCE FOR THE SETBACKS BECAUSE OH, OKAY. SO, SO YEAH, THAT WOULD, I, I, I REALLY, UH, I I WOULD LIKE TO, UH, RESET IT. RIGHT. AND, UH, GIVE YOU AN OPPORTUNITY TO GO. APPRECIATE IT. YOU HAVE AN ENGINEER'S REPORT, YOU SAY, YES, SIR. AND WAY I CAN HAVE SOME COMMUNICATION WITH DENVER HEIGHTS AS WELL AND SHOW THEM. OH, NO. BUT AN ENGINEER'S REPORT ON THIS. NOT YET. NOT YET. I'M WITH THE, CURRENTLY THE PLANS ARE AT THE ENGINEERS. OKAY. DO YOU FEEL LIKE, UM, DO YOU FEEL LIKE A MONTH IS GOOD, LIKE NOVEMBER 21ST? I THINK SO. I THINK SO. UM, THEY'RE, THEY'RE PRETTY QUICK. OKAY. UM, SO WHAT, SO WHAT HA SO, SO WHAT'S HAPPENING IS, IS THAT YOU HAVE INTERACTION WITH THE CITY, UH, DEPARTMENT REGARDING THE, THE, WHETHER THE STRUCTURE'S GONNA REMAIN OR BE RE REMEDIATED, AND THEN YOU HAVE DENVER HEIGHTS TO, TO COMMUNICATE WITH. IS THERE ANY MEMBERS OF THE COMMISSION, UH, WHO WOULD LIKE TO, UH, MAKE A MOTION TO NOVEMBER 21ST FOR A CONTINUANCE STAFF? IS THAT A GOOD DATE? UH, ANOTHER COMMENT, MR. CHAIRMAN? YES. UH, DO YOU HAVE A SCOPE OF WORK? OH, THEY'LL WORK ALL THAT OUT. THEY'RE, THEY'RE STILL FIGURING THAT OUT WITH THE CITY, IT LOOKS LIKE. YEAH. THE SCOPE OF WORK. YOU'RE GOING TO NEED THAT. AS FOR, UH, SCOPE OF WORK AND YOU A REPORT IN YOUR FINANCIAL AVAILABILITY, SAY THROUGH BANKS OR OTHERS, RIGHT BEFORE HE COMES TO SOME OF THIS BOARD WHERE I WOULD EVEN ENTERTAIN SOMETHING, BUT WE HAVE AN ENGINEER AS A CHAIRMAN, AND, UH, HE WOULD AGREE WITH ME, I GUESS THAT YOU WOULDN'T NEED AN ENGINEER. UH, ENGINEER'S REPORT. YES, SIR. WELL, THAT JUST, THOSE ARE ALWAYS VERY USEFUL. . UH, IS THE 21ST A GOOD DATE? THE 21ST IS FOR NOVEMBER? YES. OKAY. SO WE'RE LOOKING FOR A MOTION COMMISSIONER MANDA. UM, I'D LIKE TO PROPOSE A CONTINUANCE FOR CASE NUMBER B O A 2 2 1 0 3 0 0 1 5 4. CONTINUANCE TO NOVEMBER 21ST. SECOND. SECOND. I'M GONNA GIVE THIS ONE TO COMMISSIONER ZUNIGA . SO, UH, LET'S HAVE A ROLL CALL. VOTE PLEASE. ZUNI. MR. MANNA? YES. MR. ZUNIGA? YES. MR. SPIELMAN? YES. MR. ALBERT? YES. MR. MANCHACA? YES. MR. VASQUEZ? YES. MS. CRUZ? YES. MS. KAPLAN? I CONCUR. MS. INGLES? YES. MR. TEO? YES. CHAIR ORIAN. I ALSO VOTE. YES. UM, ITEM IS CONTINUED TO NOVEMBER 21ST. UH, PLEASE, UH, TAKE THIS OPPORTUNITY, UH, TO MEET WITH DENVER HEIGHTS, TO MEET WITH THE CITY, AND REALLY GIVE US A REALLY GOOD IMAGE AND, AND PICTURE OF WHAT'S, OF WHAT WE WILL BE ENTERTAINING AND REVIEWING ON THE 21ST. SO, THANK YOU. NEXT CASE. ITEM 12. ITEM NUMBER 12. BEING BO O A 22 1 0 3 0 0 1 5 5. ADDRESS IS 8 3 1 AVON AVENUE AND COUNSEL DISTRICT IS NUMBER THREE, APPLICANT BEING DOLORES CASTANEDA. AND A REQUEST FOR A FOUR FOOT NINE INCH VARIANCE FROM THE FIVE FOOT MINIMUM SIDE SETBACK TO ALLOW A CARPORT WITH GUTTERS TO BE THREE INCHES FROM THE SIDE PROPERTY LINE. THE CURRENT ZONING IS R FOUR, UM, R FOUR M L O THREE, MLR, TWO H O D, RESIDENTIAL SINGLE FAMILY DISTRICT. THE CASE SUMMARY BEING THAT THE SUBJECT PROPERTIES LOCATED ALONG AVON AVENUE, NEAR HIGHLAND BOULEVARD AND CONTAINS A SINGLE FAMILY DWELLING. THE APPLICANT CONSTRUCTED AN ATTACHED CARPORT ON THE SIDE OF THE EXISTING RESIDENCE WITHOUT OBTAINING A PERMIT. AND CODE INVESTIGATION WAS INITIATED DURING A SITE VISIT CONDUCTED BY STAFF. IT WAS OBSERVED AT THE CARPORT, ONLY MAINTAINED, UM, ONE INCH FROM THE SIDE PROPERTY LINE. A CARPORT IS REQUIRED TO MAINTAIN FIVE FEET TO THE SIDE PROPERTY LINE. AND HERE IS THE SITE PLAN. OKAY. THE SUBJECT PROPERTY, [02:30:04] THE DETACHED CARPORT, THE SETBACK OF ONE FOOT, THE, UM, NINE INCH OVERHANG, THE SURROUNDING AREA, A STAFF RECOMMENDATION FOR THE CARPORT SETBACK VARIANCE STAFF RECOMMENDS AN DENIAL WITH AN ALTERNATE RECOMMENDATION OF A TWO FOOT VARIANCE TO ALLOW A CARPORT WITH GUTTERS TO BE THREE FEET FROM THE SIDE PROPERTY LINE AND B O A TWENTY TWO TEN THREE HUNDRED ONE FIFTY FIVE BASED ON THE FOLLOWING FINDINGS OF FACT, THE NUMBER ONE, THE STRUCTURE IS CURRENTLY THREE INCHES FROM THE SIDE PROPERTY LINE. AND TWO, THE CARPORT WITH GUTTER SHALL BE RELOCATED TO BE THREE FEET FROM THE SIDE PROPERTY LINE TO OBSERVE THE SPIRIT OF THE ORDINANCE AND ALLOW AMPLE SPACE TO ACCESS VEHICLES. AND NUMBER THREE, THE CARPORT IS NOT OUTTA CHARACTER FOR THE NEIGHBORHOOD. HERE IS THE NOTIFICATION PLAN. STAFF HAD MAILED OUT 29 NOTICES. WE HAVE TWO IN FAVOR, ONE IN OPPOSITION, AND WE HAD NO RESPONSE FROM THE HIGHLAND PARK NEIGHBORHOOD ASSOCIATION. AND HERE IS A RESPONSE FORM FROM A THREE A AVON AVENUE IN FAVOR. AND HERE IS ANOTHER RESPONSE, UM, FROM 8 3 5 AVON. AND THAT CONCLUDES STAFF RECOMMENDATION. AND THE APPLICANT IS HERE. OKAY. LET'S HAVE THE APPLICANT COME UP PLEASE. HELLO. IF YOU COULD PLEASE STATE YOUR NAME YES. IN YOUR PRESENTATION. MY NAME IS DOLORES CASTANERA, AND I RESIDE AT 8 31 8. CAN YOU, CAN YOU MOVE THE MICROPHONE DOWN PLEASE? JUST, I'M SORRY. YEAH, THERE YOU GO. OKAY. RIGHT THERE. THANK YOU. MY NAME IS DOLORES CASTANERA, AND I RESIDE AT 8 31 8 VAN AVENUE. UM, LAST NOVEMBER, UM, MY HOUSE IS 19, A 1929 HOUSE. AND I LIVED WITH MY, UM, MY GRANDDAUGHTER AND MY SON AND I DECIDED, LIKE WHEN WE WERE TAKING A BATH, WE, WE GOT SHOCKED. WE, WE WERE IN THE BATHTUB AND I HAD SAVED UP A LITTLE MONEY TO, TO, UH, DO MY REWIRING. AND THAT'S WHEN I DID DO MY REWIRING. UM, THE, UH, THE ELECTRICIAN, HE TOLD ME THAT THE LITTLE, THE EXISTING CARPENTER WAS THERE FOR ME TO, UM, MOVE IT. THAT'S WHY THIS NEW ONE IS THERE, YOU KNOW? SO, UM, I DID AND, UH, UH, I DIPPED MY PRIVATE FENCE. I WENT TO THE, UM, TO THE, I CAME HERE FOR THE PERMIT, BUT ON THE OTHER ONE, UM, THE ELECTRICIAN THAT DID ALL THAT, HE, WELL, HE TOLD ME I DIDN'T NEED ONE, SO, AND THEN SOMEBODY HERE TOLD ME I DIDN'T NEED ONE. SO THAT'S THE ONLY REASON. THAT'S ALL I CAN SAY. OKAY. MM-HMM. . UM, I'M, I'M GONNA JUST, UH, ASK A COUPLE QUESTIONS. MM-HMM. , UM, STAFF IS RECOMMENDING IT TO BE MOVED OVER UHHUH A COUPLE FEET. UH, WOULD THAT PROVIDE YOU ENOUGH ROOM TO GET A VE TO GET A VEHICLE IN THERE BETWEEN THE POST AND YOUR HOME? I DON'T, I DON'T, IT'S KIND OF SMALL. IT'S ONLY 12 FEET BY OH, YOUR, YOUR EXISTING DRIVE FROM THE HOME TO, YOU HAVE 12 FEET OF ROOM NOW. OKAY. OKAY. UH, IS THERE ANY, UH, OTHER COMMISSIONER QUESTIONS? WE DO HAVE ONE VOICEMAIL. UH, WE DO HAVE ONE VOICEMAIL, SO WE'RE GONNA HEAR VOICEMAIL AND WE OH, OKAY. WE MIGHT HAVE SOME MORE QUESTIONS FOR YOU, BUT LET'S GO. YES. MY NAME IS LONNIE ROBERTSON. I LIVE AT 8 47 AVANT AVENUE, AND I'M THE PROPERTY OWNER. UH, THIS CALL IS IN RESPONSE TO A INPUT AS A, FOR REQUEST OF VARIANCE FROM 8 31 AVANT AVENUE. UH, JUST TO LET YOU KNOW, I HAVE NO OBJECTION. SO I AM IN FAVOR. THE CASE NUMBER LAST THREE DIGITS OF THE CASE NUMBER IS 1 5 5. THANK YOU. OKAY, MANA. SO HEARING, HEARING NO OTHER QUESTIONS, COMMISSIONER MANNA. SO, UM, SO ONE OF THE THINGS I SEE HERE IS THE SLOPE OF THE ROOF KIND OF LOOKS LIKE IT'S GONNA DROP THE WATER ON THE NEIGHBORING PROPERTY. AND SO, SO, BUT THEY CAME OVER AND THEY CUT IT, THEY CUT IT MORE. SO I ALREADY SAW IT. IT DOESN'T EVEN, YOU KNOW, THE RAIN IS, IT JUST COMES STRAIGHT DOWN. IT, IT DOESN'T AFFECT MY NEIGHBORS OR NOBODY. SO, I GUESS A QUESTION, YOU KNOW, SO, SO, SO, SO THE PER THE PICTURE HERE, IS IT CUT BACK FURTHER? LET'S SEE. SO IS THAT, IS THAT PRIOR TO BEING CUT OR IS THAT WHAT THE NEW CUT? OH, NO, I THINK IT'S, UM, I THINK IT'S WITH A NEW CUT, [02:35:01] I THINK, I DON'T KNOW. THEY JUST CAME AND IT RAINED AND IT RAINED, AND I SAW THAT IT DIDN'T DO NOTHING, YOU KNOW, IT DIDN'T GO NOWHERE, JUST STRAIGHT DOWN. IT DIDN'T AFFECT NOTHING. NO. MY NEIGHBORS OR MY NEIGHBORS, AS A MATTER OF FACT, THEY LIKED IT, YOU KNOW, BUT ALL THEY, THEY, THEY SAID MAYBE IF I WANTED TO PUT GUTTERS LIKE THEY DID ON THEIR SIDE, YOU KNOW, SO ONE OF THE THINGS, SO I'M MR. GUTTERS HERE, AND SO , SO, SO ONE OF THE THINGS I ALWAYS LIKE TO SEE IS, YOU KNOW, AND I DON'T WANT SEE ANYBODY ARGUE IT FLOODED, YOU KNOW, WITH ANY RAIN, UHHUH, . AND SO, SO, AND SO ONE OF THE THINGS THAT WE, YOU KNOW, ASK PEOPLE REGULARLY IS IF THEY WOULD CONSIDER PUTTING GUTTERS UP. OH, I DON'T MIND. AND SO, SO YOU KNOW, I THINK THAT FROM MY PERSPECTIVE, IT WOULD BE, IT WOULD HELP IF YOU WOULD COMMIT TO, UM, YOU KNOW, PUTTING IN GUTTERS. AND SO, SO, SO TO DO SO, YOU WOULD NEED TO SAY, I WANT TO AMEND MY, UM, OKAY. OKAY. AND STATE THAT. SO I WOULD LIKE TO AMEND IT TO SAVE MY GUTTERS. I WOULD LIKE TO, YOU KNOW, UM, PUT THE GUTTERS YES. TO AMEND YOUR APPLICATION TO INCLUDE GUTTERS. YES. YES. OKAY. SO WE CAN ADD THAT TO THE RECORD, PLEASE. YES. AND, UH, ALRIGHT, IS THERE ANY OTHER QUESTIONS? ALL RIGHT. HEARING NONE, WE'RE GONNA, UH, CLOSE THE PUBLIC HEARING AND WE'LL, I'M NERVOUS. I'M SORRY. IT'S OKAY. , I'M LOOKING FOR A MOTION PLEASE. MANNA COMMISSIONER MANNA REGARDING CASE NUMBER BO A 2 2 1 0 3 0 0 1 5 5. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A FOUR FOOT NINE INCH VARIANCE FROM THE FIVE FOOT MINIMUM SIDE SETBACK TO ALLOW CARPORT WITH GUTTERS TO BE THREE INCHES FROM THE SIDE PROPERTY LINE SITUATED AT 8 3 1 EVENT AVENUE. APPLICANT BEING DOLORES CASTANEDA BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST BECAUSE THE APPLICANT IS REQUESTING A FOUR FOOT NINE INCH VARIANCE FROM THE FIVE FOOT MINIMUM SIDE SETBACK TO ALLOW A CARPORT WITH GUTTERS TO BE THREE INCHES FROM THE SIDE PROPERTY LINE. IT'S NOT CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS THAT LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP BECAUSE IT WOULD RESULT IN THE CARPORT HAVING TO BE MOVED TO MEET THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT FROM THE SIDE. PROPERTY LINE STAFF FINDS AN UNNECESSARY HARDSHIP DUE TO THE SIZE OF THE LOT AND PLACEMENT OF THE RESIDENCE. THREE, BY GRANTING THE VARIANCE, THE SPARE OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS THE REQUESTED VARIANCE WOULD ALLOW THE CARPORT TO MAINTAIN THE CURRENT SETBACK. THE CARPORT WILL HAVE ADEQUATE SPACING FROM THE NEIGHBORING PROPERTY AND WILL MEET WITH ALL OTHER DEVELOPMENT STANDARDS INCLUDING FRONT SETBACKS. 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 AS A PROPERTY IS ZONED. R FOUR AND THE PROPERTY. AND THE USE OF THE PROPERTY IS A SINGLE FAMILY DWELLING. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF A ADJACENT PERFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED BECAUSE THERE ARE OTHER CARPORTS IN THE IMMEDIATE AREA. THEREFORE, THE REQUEST DOES NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. IT APPEARS THE PLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH THAT THE NARROWNESS OF THE LOT, THE VARIANCE REQUEST IS NOT MERELY FINANCIAL AND A MOTION. SECOND. SECOND BY COMMISSIONER KAPLAN. COMMISSIONER MANT. SO I'LL BE VOTING IN FAVOR OF THIS, UH, UH, AS THE APPLICANT HAS COMMITTED TO PUTTING IN GUTTERS TO, UH, PREVENT WATER RUNOFF, UH, ONTO THE ADJACENT PROPERTY, UH, ALSO THAT, UH, THE ADJACENT PROPERTY, UM, WAS, UH, OR THE NEIGHBOR WAS ALSO IN FAVOR OF IT. SO FOR THOSE REASONS, I'LL BE VOTING IN FAVOR. COMMISSIONER KAPLAN? YES, I AGREE. ALRIGHT. ANYONE ELSE LIKE TO ADD? UH, I JUST HAVE ONE, ONE REMARK. UH, ON THE, ON THE SUGGESTION MOTION TEMPLATE, IT ALREADY INCLUDED GUTTERS. DID THIS APPLICATION ALREADY INCLUDE GUTTERS? THE, UH, THE STAFF RECOMMENDATION INCLUDED GUTTERS. OKAY. SO THAT'S WHY THAT WAS. OKAY. THANK YOU. LET'S HAVE A ROLL CALL. VOTE PLEASE. MR. MANO. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR WITH, I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. ALBERT I CONCUR. MR. MANCHACA I CONCUR. MR. VASQUEZ. I CONCUR. MS. CRUZ I CONCUR. MR. ZUNIGA I CONCUR. MS. INGLES I CONCUR. MR. THIEL? YES, I CONCUR. CHAIR ORIAN AND I ALSO CONCUR THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. OH, I GOD BLESS ALL OF Y'ALL. THANK YOU SO MUCH. I APPRECIATE IT. AND IF YOU HAVE ANY QUESTIONS, THEY'LL BE MORE THAN HAPPY TO HELP YOU. OKAY. I HAVE TO PUT THE GUTTERS RIGHT? YES. OKAY, PERFECT. , I APPRECIATE IT. LOVE Y'ALL. THANK YOU. ALRIGHT, ITEM NUMBER 13. [02:40:03] OKAY. UH, ITEM NUMBER 13 IS BO O A 22 DASH 0 3 0 1 61 AT 6 0 3 SOUTH MESQUITE. UH, COUNCIL DISTRICT TWO TWO, UH, APPLICANT IS STEVEN NEZ. UH, THIS IS A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE. UH, THE ZONING IS RESIDENTIAL MIXED FOUR. AND FOR THIS ONE, THE APPLICANT, UH, REACHED OUT TO ME THIS MORNING. HE'S ACTUALLY REQUESTING A CONTINUANCE. IS THERE A SUGGESTED DATE? UH, HE DIDN'T HAVE ONE. UH, JUST THE NEXT AVAILABLE MEETING. SO PROBABLY THE 24TH IF WE CAN DO THAT. IT'S ONLY NEXT WEEK. YEAH. THAT'S SENT ENOUGH NOTIFICATION, RIGHT? OR WE HAVE TO, WE DON'T HAVE TO NOTICE IT, BUT THAT'S ALREADY NEXT WEEK. IS HE GONNA BE READY FOR NEXT WEEK? YEAH, HE SAID HE HAD A EMERGENCY COME UP, BUT HE'LL BE READY FOR NEXT WEEK IF HE NEEDS TO BE. THAT'S FINE. BEFORE WE CAN DO THE SEVENTH. OKAY. UH, WE'RE FINE ON THE, ON THE, I THOUGHT THE 24TH WAS ALREADY GONNA BE KIND OF A PACKED MEETING. UH, FULL AGENDA. IT WILL BE A BUSY AGENDA. YES. YEAH. SO LET'S, LET'S MAKE THIS ON THE, WHAT'S THE NEXT ONE AFTER THAT? THE SEVENTH OF, OF NOVEMBER? YEAH, WE HAVEN'T HEARD THAT DATE POP UP YET. SO LIST, UM, I THINK NOVEMBER 7TH MIGHT BE BETTER. IS THERE A COMMISSIONER? I'D LIKE TO MAKE A MOTION TO COMMISSIONER TEAL. UH, A MOTION THAT WE CONTINUE THIS CASE. UH, 6 0 3 MESQUITE TO 11 7 22. SECOND. SECOND. ALL RIGHT. LET'S HAVE ROLL CALL. VOTE PLEASE. MR. TEAL? YES. MS. KAPLAN? YES. YES. MR. SPIELMAN? YES. MR. ALBERT? YES. MR. MANCHACA? YES. MR. VAZQUEZ? YES. MS. CRUZ? YES. MR. MANNA? YES. MR. ZUNIGA? YES. MS. INGLES? YES. CHAIR ORIAN. I ALSO VOTE YES. ITEMS CONTINUED IN NOVEMBER, UH, NOVEMBER 7TH. AND JUST TO CLARIFY, UH, COMMISSIONER KAPLAN HAD THE SECOND ON THAT FOR THE RECORD, AND A REMINDER THAT'S THE THIRD CAN WE'VE KICKED ON THE ROAD. THAT'S THE THIRD. WHAT? THAT'S THE THIRD. CAN WE'VE KICKED DOWN THE ROAD. YES, IT IS . UH, ITEM 14, PLEASE. UH, ITEM 14 IS BO O A DASH 22 DASH 1 0 3 0 0 1 64. UH, LOCATED AT 55 0 1 MERKINS DRIVE, UH, IN COUNCIL DISTRICT SEVEN. UH, APPLICANT IS LISA NIA. UH, THIS IS A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW AN ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE. THIS IS, UH, R SIX RESIDENTIAL SINGLE FAMILY. UH, SUBJECT PROPERTY IS GENERALLY LOCATED SOUTHWEST OF THE U T S A HEALTH CENTER NEAR THE NORTHWEST NORTHEAST CORNER OF MERKINS DRIVE AND WBA ROAD. UH, THE PROPERTY CURRENTLY HAS A SINGLE FAMILY DWELLING. UH, SURROUNDING USES, UH, INCLUDE SINGLE FAMILY RESIDENTIAL AND OTHER USES TYPICALLY FOUND IN RESIDENTIAL NEIGHBORHOODS. UH, THERE'S CURRENTLY TWO OTHER TYPE TWO SHORT-TERM RENTAL PERMITS ISSUED DOWN THE STREET FROM THE SUBJECT PROPERTY. AND THESE ARE THE ONLY TWO ISSUED FOR THE BLOCK FACE. UH, THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW THE OPERATION OF ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL IN ADDITION TO THE TWO THAT HAVE ALREADY BEEN PERMITTED. UH, THIS, AS YOU CAN SEE, THE SUBJECT PROPERTY IS DOWN IN THE BOTTOM, UH, RIGHT. UH, THE OTHER TWO ARE LOCATED AT 55, 39 AND 55 35 MERKINS DRIVE. UH, THIS IS THE SITE PLAN FOR THE SUBJECT PROPERTY, AND THEN THE NEXT FEW SLIDES WILL BE THE LOCATION. UH, THIS IS LOOKING DOWN THE NORTH SIDE OF MERKINS. UH, AND THEN THIS IS, UH, RIGHT AT THAT CORNER OF SBA AND MERKINS, UH, REGARDING THE CASE. UM, BO O A DASH 22 DASH 0 3 0 0 1 64. UH, STAFF RECOMMENDS DENIAL BASED ON THE FOLLOWING FINDINGS OF FACT, UH, THAT THERE ARE CURRENTLY TWO ACTIVE SHORT-TERM RENTAL PERMITS ON THE BLOCK FACE. UM, THAT CONCLUDES, OH, SORRY. UH, THE RE 19 NOTICES MAILED OUT. NONE WERE RETURNED IN FAVOR. TWO WERE RETURNED IN OPPOSITION. AND THERE'S NO REGISTERED NEIGHBORHOOD ASSOCIATION. UH, THAT CONCLUDES STAFF PRESENTATION AND THE APPLICANT IS PRESENT. AND ONE QUICK QUESTION. THIS IS, UH, THAT'S NEXT TO LEON VALLEY, CORRECT? IS THAT LEON VALLEY OVER THERE? UT OH, UT IS THAT UT HEALTH SCIENCE. OKAY. OH, ON THE BOTTOM RIGHT OF THE ZONING MAP, I SAW THAT R N A YES, IT'S, UH, RIGHT EAST OF LEON VALLEY. YEAH. OKAY. THANK YOU. WHERE IS THE APPLICANT PRESENT? ALL RIGHT. PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE. I'M LISA REYNA. I'M THE OWNER OF THE PROPERTY. I BOUGHT IT, UM, EARLIER THIS YEAR. AND, UM, MY PLAN IS TO LIVE THERE MYSELF, AND IT NEEDED A LOT OF WORK TO BE DONE THAT I WAS DOING, UM, BY MYSELF. I'M SORRY, I'M A LITTLE NERVOUS SITTING THERE. UM, BUT UM, WHILE I WAS DOING THE WORK, I WAS DOING A LOT OF THE WORK FROM MY FRONT YARD AND, [02:45:01] UM, HELPING TO MEET NEIGHBORS AND THINGS. AND WHAT I DIDN'T REALIZE WAS THAT IT'S IN A VERY, UM, UNIQUE AND CHALLENGING LOCATION. UM, IT'S ACTUALLY JUST A LITTLE BIT DOWN FROM THE MEDICAL CENTER ON WBA ROAD, NOT FAR FROM BABCOCK ROAD. AND, UM, THERE'S, WBA IS KIND OF A ROUGHER AREA THAN I REALIZED RIGHT THERE. AND THERE'S TWO BUS STOPS. I HAVE ONE BUS STOP ON MY FRONT YARD AND I HAVE A SEPARATE BUS STOP ON MY, THE RIGHT SIDE OF MY YARD. AND I GOT TO, I, I GET, UM, APPROACHED CONSTANTLY. I CAN'T DO ANY WORK IN THE FRONT YARD WITHOUT PEOPLE I DON'T WANT IN MY YARD TO COME UP TO MY YARD. AND, UM, IT'S A LITTLE BIT UNNERVING. I ALSO HAVE A, UM, THERE'S AN EASEMENT, A DEAD END EASEMENT TO WBA RIGHT NEXT TO MY HOUSE WHERE THAT SIDE, UM, DRIVE IS. AND THAT SEEMS TO BE WHERE NEIGHBORHOOD WORKERS CONGREGATE. AND SO THEY HAVE THEIR LUNCHES THERE AND, UM, IT'S JUST NOT A COMFORTABLE PLACE FOR ME TO BE BY MYSELF. AND SO I THOUGHT, WELL, IT'S NEAR ENOUGH TO THE MEDICAL CENTER THAT MY PLAN IS I'D LIKE TO GET A NURSE, UH, TRAVELING NURSES TO RENT. THERE'S A, UM, A A A GARAGE THAT'S BEEN REMODELED FROM THE PREVIOUS OWNER. AND SO MY PLAN IS TO HAVE A, A NURSE, UM, EXTENDED NURSE STAY THERE. I'M ALSO IN THE MEDICAL FIELD AND I COME AND GO AND HAVE LONG HOURS TOO. SO I THOUGHT THAT WOULD BE A PERFECT MATCH WHERE WE COULD KIND OF TAKE CARE OF EACH OTHER. UM, BUT WHAT I FOUND OUT, THEY GENERALLY DO 13 CONTRACT 13 WEEK CONTRACTS WHEN THEY TRAVEL. BUT WHAT I FOUND OUT IS IT'S GETTING VERY DIFFICULT TO, UM, HAVE SOMEBODY COME AND COMMIT TO A 13 WEEK CONTRACT WITHOUT COMMITTING TO A SHORT STAY TRIAL PERIOD FIRST. AND SO THEY'RE ALL THE ONES THAT I'VE, I JOINED A COMPANY CALLED FURNISHED FINDERS WHO SPECIALIZE IN NURSES. UM, AND WHAT I FOUND OUT IS THEY'RE ALL APPROACHING ME AND SAYING, WE ARE NOT THAT COMFORTABLE SIGNING A 13 WEEK, COULD WE HAVE A SHORT-TERM RENTAL CONTRACT FIRST, AND THEN IF WE, WE, IF WE'D LIKE THE PROPERTY, THEN WE CAN EXTEND IT. AND SO THAT'S BEEN MY, UM, MY DIFFICULT POINT IS I'M STUCK BETWEEN THE TWO AND I, I DON'T KNOW WHAT MY OTHER OPTIONS ARE, I GUESS. OKAY. UH, AND JUST TO CLARIFY, YOU HAVE, IF THIS WERE TO PASS, YOUR INTENT IS NOT TO RESIDE THERE, IT WOULD JUST RENT THE WHOLE PLACE OUT? NO, NO. I, I, I WOULD RESIDE THERE. UH, IT'S THE WHOLE, UM, IT'S THE, THERE'S AN AREA AT THE GARAGE THAT'S BEEN REMODELED. OKAY. DID STAFF, WOULD THIS BE CONSIDERED A TYPE ONE THEN? YEAH, SHE'S A TYPE ONE SO THAT SHE DOESN'T NEED TO BE HERE. CORRECT. YEAH. SO WHAT HAPPENS IS WHEN YOU, WHEN YOU DO A SHORT TERM RENTAL, THERE'S A TYPE ONE AND A TYPE TWO, A TYPE ONE IS WHEN YOU RESIDE ON THE PROPERTY. A TYPE TWO IS WHEN YOU DO NOT TYPE TWO HAS A RESTRICTION OF THE 12.5%. THE TYPE ONE DOES NOT. OH, OKAY. SO YOU DON'T EVEN NEED TO BE HERE. UH, SO THERE'S A SIGH OF RELIEF, UH, BUT IF THAT'S TRULY WHAT YOUR INTENT IS, UH, DO YOU STILL WANNA MOVE FORWARD WITH THIS CASE OR DO YOU WANT TO, UM, SO I GUESS I DON'T NEED TO DO THE CASE THEN. YOU, YOU DO, IF YOU ARE GOING TO LIVE IN THE HOME, YOU DO NOT NEED, YOU STILL HAVE TO GO THROUGH THE PROCESS AND REGISTER IT AND DO YOUR HOT TAX AND ALL THAT GOOD STUFF. AND IF I TRAVEL AND DO MY 13 WEEKS OTHER PLACES, THEN, UM, WELL, DOES THAT COUNT, SIR? SO, UM, IF YOU ARE A TYPE ONE, YOU RESIDE THERE, YOU HAVE TO PROVIDE RESIDENCY VERIFICATION THROUGH A HOMESTEAD EXEMPTION, DRIVER'S LICENSE, VOTER REGISTRATION CARD, VEHICLE REGISTRATION WITH YOUR NAME AND ADDRESS ON THERE, THAT PROPERTY. UM, THAT'S HOW WE VERIFY HOW YOU'RE TRAVELING. WE DO NOT LOOK AT THAT. WE JUST VERIFY YOUR RESIDENCY THROUGH ONE OF THOSE ITEMS. SO THAT'S, IF IT'S ON YOUR LICENSE, A HOMESTEAD EXEMPTION. I MEAN, OBVIOUSLY PEOPLE TAKE VACATIONS AND AND WHATNOT. SO I JUST WANTED TO MAKE SURE, YOU KNOW, YOU'RE CLEAR ON THAT. UM, BUT IF YOU'RE HIS INTENT FOR THIS TO BE YOUR, YOUR PLACE OF RESIDENCE, UM, UM, SO MY, UM, MY KIDS ARE IN COLLEGE, JUST MOVED AWAY TO COLLEGE, WHICH IS WHAT STARTED ALL THIS. AND SO, UM, MY PLAN IS TO DO MY TRAVELING WORK IN NEAR WHERE MY KIDS ARE GOING TO COLLEGE. AND SO I'M KIND OF NOT SURE. I GUESS THEN WHAT WOULD BE LEGALLY CONS BE MY RESIDENCY BECAUSE, UM, WELL, WE AS, SO I GUESS, SHOULD I GO FORWARD IS WHAT I'M WONDERING? WELL, I MEAN, AS MENTIONED BY STAFF, UM, YOU KNOW, THEY, THEY'RE NOT THERE TO SEE IF YOU ARE SLEEPING THERE EVERY NIGHT. BUT I MEAN, IF THIS IS YOUR HOMESTEAD OR IT'S ON YOUR DRIVER'S LICENSE AND THIS IS YOUR RESIDENCE AND YOU WOULD BE A TYPE ONE, UH, YOU CERTAINLY CAN MOVE FORWARD. WE'RE HERE, I MEAN, YOU PAID FOR THIS AND WE, WE CAN HEAR THIS, UH, BUT JUST SO YOU KNOW, YOU'VE, YOU'VE UH, ALREADY HAVE TWO TYPE TWOS ON THIS BLOCK AND UNDER THE, UH, THE NEW CODES THAT ARE GONNA GO INTO EFFECT, MOST LIKELY ON JANUARY 1ST, UH, THERE'S NO ROUNDING AND SO I DON'T EVEN, YOU KNOW, ONE OF THE OTHER TWO MIGHT EVEN BE IN [02:50:01] CONFLICT, UM, IN THE FUTURE. TWO. OH, IT DOES COME OUT TO TWO. OKAY. SO THEY'RE, OKAY. SO IF YOU'D LIKE TO MOVE FORWARD, WE CAN, WE CAN CERTAINLY MOVE FORWARD WITH A MOTION AND SEE WHAT HAPPENS. BUT, UH, OTHERWISE, UH, AS A TYPE ONE, YOU'RE ALLOWED TO DO THAT BY RIGHT, RIGHT NOW? UM, I DON'T KNOW. I'M HERE, I GUESS. WELL, WE'RE HERE, I GUESS GO AHEAD AND MOVE FORWARD. I DON'T, ALRIGHT. I'M HAVING A HARD TIME. KIND OF, IS THERE ANYONE SIGNED UP TO SPEAK ANY PUBLIC COMMENTARY ON THIS? SO, MR. CHAIRMAN, I HAVE A, SHE'S MS. REYNA, CORRECT? MS. ITEM 14? YES. UM, I DON'T SHOW ANYONE FOR ITEM 14. COMMISSIONER MIN CHAKA, DO YOU HAVE A QUESTION? SO, UH, YOU ARE PROPOSING TO REDEFINE THIS TO A ONE. OH AS A ONE, SHE DOESN'T NEED TO BE HERE, BUT SHE HAS EXPRESSED INTEREST IN JUST HAVING US STICK A VOTE REGARDLESS. SO IF THERE'S NO OTHER COMMISSIONER QUESTIONS, UM, YOU KNOW, UM, I'LL BE OPEN TO A MOTION. TEAL. COMMISSIONER THIEL, BEFORE WE CONTINUE? YES. COMMISSIONER SPIEL? UH, I'M, I'M NOT REALLY CLEAR ON THIS. ARE WE VOTING ON IT AS A TYPE TWO? IT'S IT'S THE TYPE TWO. THE TYPE ONE IS, IS WE THAT ISN'T WHAT SHE WANTS. SHE WANTS A TWO. WELL, YEAH, THE TYPE ONE IS ALLOWED AUTOMATICALLY. THERE'S NO, SHE DOESN'T NEED TO BE HERE. WE CAN ONLY OKAY, GOT IT. SHE CAN HAVE THE TYPE ONE. WE'RE JUST VOTING ON WHETHER IT'S GONNA BE A TYPE TWO. YES. HERE'S IF, IF, UM, IF I CAN, SO, UM, I'M GOING THROUGH SOME CHANGES WITH MY FAMILY RIGHT NOW AND, UM, IF WHAT I'M, WHAT I'M WONDERING ABOUT IS I HAVE A HOUSE RIGHT NOW AND I'M LEAVING THAT HOUSE TO MOVE INTO THIS HOUSE. MM-HMM. , HOW SOON DO I HAVE TO GET MY NEW ADDRESS AND VOTING AND ALL THOSE OTHER THINGS AT THE NEW PROPERTY BECAUSE, SO THERE'S, THERE'S THREE TESTS STAFF HAD MENTIONED. ONE WAS DRIVER'S LICENSE, ANOTHER ONE WAS, UH, HOMESTEAD EXEMPTION. AND WHAT WAS THE THIRD VOTER REGISTRATION? THE RE THE, THE WHAT? THE VOTER REGISTRATION. OH, YOUR VOTER REGISTRATION. SO WHAT'S ONE OF THOSE THREE ITEMS? IT HAS THAT, THIS NEW ADDRESS ON IT. ONE OF THEM OR ALL OF THEM? ONE OF THEM. OKAY. YOU'LL HAVE THE ABILITY TO MOVE FORWARD WITH A TYPE ONE APPLICATION. I JUST DON'T WANNA RUN INTO ANY, UM, UM, PROBLEMS GIVING UP ANYTHING THAT, YOU KNOW. I'M SORRY. DOES SHE NEED A CONTINUOUS CONSIDERATION? PARDON ME? DO YOU THINK SHE NEEDS A CONTINUOUS CONSIDERATION? WELL, I DON'T, I PERSONALLY DON'T THINK SO BECAUSE, UM, YOU KNOW, WHAT A TYPE ONE, IT DOESN'T MATTER WHAT WE SAY, SHE HAS TO MEET ONE OF THOSE THREE TESTS OR SHE CAN'T DO IT. THE TYPE TWO IS SOMETHING THAT I DON'T, UNLESS A COMMISSIONER HAS, HAS SOME NEW INFORMATION OR IS EXPECTING SOME NEW INFORMATION, I THINK WE CAN MOVE FORWARD. I MEAN, IT PLAYS THE SAME REGARDLESS. YEAH, IT PLAYS THE SAME REGARDLESS. SO, COMMISSIONER THIEL REGARDING CASE NUMBER BO O A DASH 22 DASH 0 3 0 0 1 64, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, ESPECIALLY EXCEPTION, TO ALLOW FOR ONE TYPE TWO SHORT-TERM RENTAL UNIT SITUATED AT 5 5 0 5 MERKINS APPLICANT BEING LISA ANO BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY. THE BOARD FINDS THAT THE REQUEST TO OPERATE AN ADDITIONAL SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY, OR WELFARE. THERE IS NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS 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. C THE NEIGHBORING PROPERTY WILL NOT SUBSTANTIALLY INJURE BY, 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 WILL BE SUBSTANTIALLY INJURING NEIGHBORING PROPERTIES AS A TYPE TWO SHORT-TERM RENTAL. D, ADEQUATE UTILITIES, ACCESS, ROADS, STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACULTIES HAVE BEEN OR ARE BEING PROVIDED. THE SUBJECT PROPERTY PROVIDES OFF STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITY ACCESS AND OPEN SPACE. E THE APPLICANT OR THE OWNER FOR THE SPECIAL EXCEPTION, DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES. CONFIRMED CITATIONS OR ADJUDICATED OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITHIN ONE YEAR. PRIOR TO THE DATE OF THE APPLICATION. THE APPLICANT DOES NOT HAVE ANY HISTORY OF REVOCATION, CITATIONS, OR CONVICTIONS FOR VIOLATIONS OF CHAPTER 16. END OF MOTION. SO YOU'RE SECOND, SECOND, SECOND BY COMMISSIONER MANNA. UH, COMMISSIONER THIEL? YES. UH, I'LL BE VOTING AGAINST THIS. THE 12.5% REQUIREMENT HAS BEEN MET, UH, BY THE TWO EXISTING TYPE TWO SHORT-TERM RENTALS. SHE IS ALLOWED A TYPE ONE BY. RIGHT. UM, AND THIS WILL JUST FORMALIZE THAT PROCESS AND SHE CAN GO THROUGH THE APPLICATION FOR TYPE ONE COMMISSIONER. AMANDA, [02:55:01] WAIT, NOW I'M CONFUSED. I'M SORRY. SO WHAT WAS YOUR MOTION THEN FOR? I VOTED FOR IT AND I'M, YEAH, THE MOTION WAS FOR THE AFFIRMATIVE. THE AFFIRMATIVE I'M GONNA BE VOTING FOR. OKAY. I JUST, I I GOT CONFUSED ON THE SECOND PART. OKAY. SO I DIDN'T HEAR THAT. YES. RIGHT. IT'S GOT IT. SO I, I JUST WANNA MAKE SURE THAT I HEARD IT RIGHT. I GOT CONFUSED THERE. SO, SO, UM, I CONCUR WITH MY COLLEAGUE. UM, SIMPLY, YOU KNOW, SO ONE, I THINK IT BY, UM, THE TYPE ONE IS TRULY WHAT IT'S THAT YOU'RE LOOKING FOR. AND SO, UM, SO THAT'S ONE. TWO IS THAT, UH, THERE ARE NEIGHBORS IN OPPOSITION AND THREE, THERE ARE EIGHT OTHER TYPE TWOS IN THIS COMMUNITY, UH, IN THIS NEIGHBORHOOD. UM, SO, SO IT DOES LOOK LIKE THERE'S A FAIR AMOUNT NO IN AND AROUND ON, NOT ON THE SAME STREET, BUT ALSO AROUND THAT, UH, ON ADJACENT STREETS. AND SO THERE ARE A FEW THAT ARE ALREADY IN THIS AREA. SO, SO IT DOES LOOK LIKE THERE'S A FEW. AND SO I DON'T NECESSARILY KNOW THAT, UM, IT, IT WARRANTS IT HERE FOR THIS PARTICULAR PROPERTY. ALRIGHT. ANY OTHER COMMISSIONERS? UH, I'M JUST GONNA ADD THAT, YOU KNOW, I'M, I'M NOT GONNA BE VOTING FOR THIS AS WELL BECAUSE, UH, WE'VE HEARD THROUGH CODE AMENDMENTS THAT TAKE EFFECT THAT THEY'RE, THEY'RE WANTING, UH, THE CITY IS GEARING TOWARDS BEING MORE STRINGENT TOWARD THESE THINGS. AND THEN YOU ALSO HAVE TWO NEIGHBORS THAT ARE AGAINST, AND YOU ALSO HAVE THE OPTION TO DO A TYPE ONE, WHICH IS, IS, WHICH SEEMS WOULD WORK FOR YOU. UH, AND SO I'LL WITH THAT, LET'S HAVE A ROLL CALL. VOTE PLEASE. MR. THI YES, I CONCUR. EXCUSE ME. NO, NO, I DO NOT. CONCUR. THANK YOU . MR. MANNA, TRY TO CONFUSE ME AGAIN. I DO NOT CONCUR WITH THE FINDINGS OF FACT, MR. SPELMAN. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. ALBERT. I DO NOT CONCUR. MR. MENCHACA. I DO NOT CONCUR, MR. VASQUEZ. I DO NOT CONCUR. MS. CRUZ. I DO NOT CONCUR. MR. ZUNIGA. I DO NOT CONCUR. MS. KAPLAN? I DO. MS. INGLES. I DO NOT CONCUR AND CHAIR ORIAN. I ALSO DO NOT CONCUR WITH THE FINDINGS OF FACT MOTION FAIL ZERO TO 11. UM, PLEASE GET WITH STAFF. UH, THERE IS A PROCESS FOR DOING A TYPE ONE. THIS IS YOUR OPPORTUNITY TO ASK SOME QUESTIONS AND GET SOME CLARITY ON, ON WHAT EXACTLY THOSE REQUIREMENTS ARE. 'CAUSE I THINK YOU, FROM WHAT WE'VE HEARD, UM, I PERSONALLY THINK IT'S THAT YOU, YOU WOULD MEET THAT REQUIREMENT, SO, OKAY. YEAH, PLEASE GO TALK TO THEM. ALL RIGHT. ITEM NUMBER 15. OKAY. ITEM NUMBER 13 IS, UH, BO O A DASH 22 DASH 0 3 0 0 1 66. UH, LOCATED AT ONE 13 DRY, UH, COUNCIL DISTRICT TWO APPLICANT IS ROBERT MOER. UH, THIS IS A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE. UH, ZONING IS RMM FOUR RESIDENTIAL MIX. UH, THE SUBJECT PROPERTY IS GENERALLY LOCATED EAST OF THE ALAMO DOME, NEAR THE SOUTHWEST CORNER OF MONTANA AND DRY STREET. UH, THE PROPERTY CURRENTLY HAS A SINGLE FAMILY RESIDENTIAL DWELLING. UH, THE PROPERTY IS LOCATED ADJACENT TO AN ARTS AND ENTERTAINMENT DISTRICT, UH, PER THE U D C AE DISTRICTS ALLOW A COMMUNITY TO CAPITALIZE ON NEARBY VENUES AND DRAW VISITORS INTO THE COMMUNITY. UH, THE ARTS AND ENTERTAINMENT DISTRICT FACILITATE INFILL DEVELOPMENT AND REDEVELOPMENT BY CREATING A CONSISTENT PATTERN OF ZONING, UH, CREATING CERTAINTY ABOUT THE FORM AND FUNCTION OF FUTURE DEVELOPMENT, AND CREATE AN IDENTITY THAT MAY BE UTILIZED TO ATTRACT INVESTMENT. UH, THERE IS ALSO, UH, CURRENTLY A TYPE TWO SHORT-TERM RENTAL PERMIT ISSUED ADJACENT TO THE SUBJECT PROPERTY. UH, THESE ARE THE ONLY TYPE TWO SHORT-TERM RENTAL PERMITS ISSUED FOR THE BLOCK FACE. AND THESE ARE THE ONLY TWO LOTS WITHIN THE DEFINED BLOCK FACE. UH, THE APPLICANT IS SEEKING, UH, AN EXCEPTION TO ALLOW FOR THE OPERATION OF ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL. UH, THIS IS THE SUBJECT PROPERTY AND AS YOU CAN SEE, UM, ON THIS SLIDE, UM, ONE 13 DRY STREET AND ONE 19 ARE THE ONLY TWO ON THAT BLOCK FACE. THEY'RE TECHNICALLY CUT OFF, UH, BY THE ALLEYWAYS ON EITHER SIDE. UM, THEY DON'T NECESSARILY LOOK LIKE THAT IF YOU LOOK AT THE STREET VIEW. BUT, UM, ON THE NEXT SLIDE YOU'LL SEE, UM, UH, WELL THAT'S THE SITE PLAN ON THE NEXT SLIDE. AND THEN THIS IS THE SUBJECT PROPERTY. UM, THIS IS ON THE NORTH SIDE OF JOSH STREET AND THE SOUTH SIDE. UM, YOU CAN'T REALLY SEE IT TOO CLEARLY, BUT THAT METAL GATE, UH, ON THE LEFT SIDE, UH, KIND OF CUTS OFF THE ALLEYWAY. UM, SO THEY'RE, THEY'RE PRETTY MUCH FILLED IN, BUT THEY'RE STILL CONSIDERED RIGHT OF WAY, UH, PER OUR G I S MAP. AND THEN THESE ARE THE SURROUNDING SHORT-TERM RENTALS THAT KIND OF ARE IN AND AROUND THAT AE DISTRICT. UH, THIS IS ONE 12 DRY STREET AND TWO 11 SOUTH PINE, AS WELL AS TWO 14 SOUTH MONUMENTAL. THESE ARE ALL WITHIN, UM, TWO OR THREE BLOCKS. OKAY. UH, IT'S STAFF RECOMMENDS DENIAL FOR BO O A 22 DASH 0 3 0 1 66. UM, BASED ON THE FOLLOWING FINDINGS [03:00:01] OF FACT, UH, THERE'S ALREADY, UH, AN ACTIVE TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK FACE. UM, THERE WERE 32 NOTICES MAILED OUT, ZERO RETURNED IN FAVOR, ZERO IN OPPOSITION, AND THERE WAS NO RESPONSE FROM THE, THE AL MAD DOM GARDENS NEIGHBORHOOD ASSOCIATION. UH, THAT CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. ALRIGHT, THANK YOU VERY MUCH. THE APPLICANT. PLEASE COME FORWARD, STATE YOUR NAME AND LET US KNOW ABOUT YOUR CASE. HI, ROBERT MUELLER. UH, AND I AM THE OWNER OF 1 1 3 DR. UM, I'M A PASTOR IN SAN ANTONIO. I'VE WORKED AT THE SAME CHURCH ON THE WEST SIDE FOR 28 YEARS, AND I GOT REMARRIED IN 2014 AND MOVED TO WIMBERLEY WHERE MY WIFE HAS A HOME. UM, THAT IS AN HOUR AND 15 MINUTE COMMUTE. AND IT REQUIRED ME TO SPEND A LOT OF TIME ON THE ROAD, OFTEN WITH THE CHURCH. I HAVE MEETINGS IN THE EVENINGS AND I HAVE MEETINGS IN THE MORNINGS. AND SO WE LOOKED FOR A HOUSE THAT WE COULD HAVE IN SAN ANTONIO SO THAT I COULD HAVE A PLACE TO STAY WHEN I WAS NEEDING TO STAY OVERNIGHT OR NEEDING TO BE HERE FOR AN EARLY MORNING MEETING. AND SO WE BOUGHT THIS LITTLE HOUSE AND IN NINE, IN 2016, IT APPRAISED FOR $65,000. I JUST FINISHED FIGHTING MY APPRAISAL THIS LAST, UH, FOR THIS NEXT COMING YEAR. AND IT'S APPRAISED NOW AT $245,000. OUR HOMESTEAD IS IN WIMBERLEY. UM, AND SO I CAN'T GET A HOMESTEAD EXEMPTION. I CAN'T REDUCE HOW THE PROPERTY VALUES CHANGE TO THE 10% LIMIT. AND WE NOW ARE LOOKING AT A BETWEEN FIVE AND $6,000 A YEAR, UH, TAX BILL ON A 840 SQUARE FOOT HOUSE . UM, THE, THE SOLUTION TO THAT WAS TO, TO TRY AND RENT IT OUT. AND SO WE, UM, WE INITIALLY WERE DOING SHORT-TERM RENTALS UNTIL THE LICENSING CAME INTO EFFECT. UM, OUR NEIGHBOR RIGHT NEXT DOOR WHO ACTUALLY HELPED US GET THAT PROPERTY INITIALLY, UM, THEY HAVE A SHORT-TERM RENTAL ON THEIR HOUSE. AND SO WHEN WE APPLIED FOR THE REGULAR SHORT-TERM RENTAL LICENSE, IT WAS DENIED BECAUSE THERE WAS ALREADY ONE OF THE OTHER TWO ON THE PROPERTY. SO WE, UH, WE DECIDED WE WANTED TO APPLY FOR THE, THE SHORT-TERM RENTAL TYPE TWO, UH, APPLICATION, AND THEN THE PANDEMIC HIT AND WE'RE LIKE, WE'RE NOT GONNA BE RENTING IT OUT FOR A WHILE. SO WE WAITED AND WE WAITED, AND NOW WE APPLIED TO SEE IF WE COULD GET IT SHORT-TERM RENTAL. UM, THIS, HI, THIS HEARING WAS ORIGINALLY SET FOR NOVEMBER, UM, AND I WAS NOT CONVINCED THAT WE, I DIDN'T KNOW WHAT THE, THE RESULTS OF THIS WOULD BE, AND WE NEEDED TO BE RENTING IT OUT BEFORE THEN SO THAT WE COULD GET ENOUGH MONEY TO BE ABLE TO PAY TAXES IN JANUARY. SO WE ACTUALLY HAVE IT RENTED OUT FOR A SIX MONTH PERIOD OF TIME RIGHT NOW TO A BOEING MECHANIC WHO'S A TRAVELING MECHANIC. BUT WE'D RATHER HAVE IT AS A SHORT TERM RENTAL BECAUSE IT ENABLES ME TO BE ABLE TO UTILIZE IT DURING THE WEEK AND THEN BE ABLE TO RENT IT ON THE WEEKENDS. UM, YOU KNOW, FOR PEOPLE WHO COME INTO SAN ANTONIO AND IT'S VERY CONVENIENT TO THE DOWNTOWN AREA. IT'S A, YOU KNOW, IT'S IDEALLY LOCATED FOR A LOT OF THE SITES AND STUFF THAT PEOPLE LIKE TO COME TO SAN ANTONIO FOR. SO IT WOULD BE HELPFUL TO US BECAUSE IT WOULD ENABLE ME TO USE THAT HOUSE THE WAY THAT WE INTENDED TO USE IT. UH, IF I HAVE TO RENT IT OUT AT SIX MONTHS AT A TIME, THEN THAT KEEPS ME FROM BEING ABLE TO UTILIZE IT FOR THE PURPOSES THAT WE ORIGINALLY ACQUIRED IT. BUT WE'RE KIND OF STUCK BETWEEN THE TAX BURDEN, WHICH WE CAN'T AFFORD WITHOUT RENTING IT. AND, AND THE FACT THAT WE ONLY HAVE TWO HOUSES ON THAT BLOCK AND ONE OF THEM'S ALREADY A SHORT-TERM RENTAL. SO THAT'S THE SITUATION WE'RE IN . OKAY. UH, WELL, UH, WHY DON'T YOU HANG TIGHT. LET'S SEE IF WE HAVE ANY PUBLIC COMMENTARY. YEAH. STAFF. WE HAVE ONE SPEAKER. OKAY. WE'RE GONNA HEAR FROM, UM, A CITIZEN SIGN UP TO SPEAK, AND THEN WE'LL PROBABLY HAVE SOME QUESTIONS. OKAY. SO LET'S HEAR THE CITIZEN SIGN UP TO SPEAK. IS THAT HIM? MR. WATSON? ORANA. OKAY. UH, WITH THAT, UH, THEY'RE NOT PRESENT, SO UNLESS, UH, STAFF HAS NOTICED THEM OUTSIDE OR AROUND DOUBLE CHECK. OKAY. AND WHILE WE'RE DOING THIS, A QUESTION FOR THE ATTORNEY IS, IS IT POSSIBLE, UH, IF WE, IF WE WANTED TO ENTERTAIN THIS, TO PUT DAYS ON IT, LIKE WEEKENDS ONLY, OR SHORTEN THE, THE THREE YEAR LIMIT TO SOMETHING ELSE? IS THAT IN ANY WAY PART OF WHAT WE CAN REDUCE THE REQUEST? I'M NOT, UH, I'D HAVE TO CHECK ON THAT. I'M NOT, I DUNNO, STAFF, I'M JUST, I'M JUST WONDERING 'CAUSE I KNOW SOMETIMES WE CAN REDUCE WHAT SOMEONE'S ASKING FOR AND THE APPLICANT HAS, HAS, HAS ACCESS JUST FOR WEEKENDS. [03:05:01] BUT YEAH, I WOULD SAY, I DON'T SAY YOU COULDN'T PUT CONDITIONS ON IT. IT'S JUST A UP OR DOWN. YEAH. OKAY. JUST WONDERING. ALL RIGHT, WE'RE GONNA START ASKING, WE'LL SEE IF THERE'S ANY COMMISSIONER QUESTIONS FOR THE APPLICANT WHILE WE'RE LOOKING FOR THE, UH, CITIZEN SIGN UP TO SPEAK. ACTUALLY, UH, REBECCA SAID THAT HE JUST WANTED TO SIGN UP, UH, AND MARK THAT HE MARKED THAT HE WAS IN OPPOSITION. OKAY. BUT WASN'T ABLE TO STAY. ALL RIGHT. WELL THEN, THERE WE GO. UH, ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? QUESTION FOR THE CITY WAS, WAS THAT APPLICANT ONE OF THE TWO IDENTIFIED ALREADY THAT WERE IN OPPOSITION OR IS THAT A, A THIRD ONE? OH, THIS IS FOR 1217 WYOMING. WAS THAT ONE OF THE ONES? LOOK AT THE MAP. AND LET'S GO BACK TO THE, LET'S GO BACK TO THE MAP. THAT, SO, SO FAR IT'S ALL, ALL WE RECEIVED ZERO IN FAVOR AND ZERO IN POSITION. SO THERE'S AN ADDITION. IT WAS, GO TO THE, THE ZONING MAP. THEY'RE ON THE SOUTH SIDE. 1217. HE'S THE LASER POINTER. THERE YOU GO. THAT'S GOOD. SO 1217 WYOMING WAS IN OPPOSITION. I THINK IT'S THAT ONE. OKAY. ALL RIGHT. UH, I HAVE A QUESTION FOR STAFF. SO THERE'S, THERE'S TWO, UH, ALLEY SLASH STREETS. UH, I'VE, I'VE DONE SOME DEVELOPMENT IN THIS AREA. UH, AND, AND IN ONE CASE, SAY A CITY LOOKED AT IT AS AN ALLEY AND ANOTHER CASE IT LOOKED AT IT AS A STREET. IS THAT, IS THAT SEPARATE THE BLOCK FACE? AS LONG AS IT'S A RIGHT OF WAY, EITHER ONE WILL SEPARATE THE BLOCK FACE. SO THERE'S ONLY TWO THEN THAT. OKAY. ALRIGHT. CORRECT. YOU CAN'T, THE ALLEY ON THE NORTH SIDE, THE ALLEY ON THE NORTH SIDE IS COMPLETELY OVERGROWN. LIKE YOU CAN'T DRIVE THROUGH IT. UH, SIR, YOU GET CLOSE TO THE MICROPHONE. I'M SORRY, EXCUSE ME. I APOLOGIZE. UM, THE ALLEYWAY ON THE NORTH SIDE OF OUR PROPERTY MM-HMM. IS COMPLETELY OVERGROWN. THERE'S NO WAY YOU CAN GET, YOU CAN'T EVEN WALK THROUGH IT. , IT'S LIKE A LITTLE JUNGLE BACK THERE. OKAY. WELL, UH, THIS'S, NO OTHER QUESTIONS. ALRIGHT, WELL, WHAT WE'RE GONNA DO IS WE'RE GONNA, UM, LOOK FOR A MOTION AND WE'LL DELIBERATE. SO I'M LOOKING FOR A MOTION. OKAY. TEAL COMMISSIONER TEAL, REGARDING CASE NUMBER BOA DASH 22 DASH 3 1 6 6. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A SPECIAL EXCEPTION TO ALLOW ONE TYPE TWO SHORTTERM RENTAL UNIT SITUATED AT 1 1 3. DR. APPLICANT BEING ROBERT MUELLER. BECAUSE THE TESTIMONY PRESENTED TO US IN EFFECTS WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH AS THE LITTLE ENFORCEMENT, OTHER PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY. THE BOARD FINDS THAT THE REQUEST TO OPERATE IN AN ADDITIONAL SHORT-TERM RENTAL IS UNLIKELY 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 F FACILITY. B, THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE. THERE DOES NOT TO BE, APPEAR TO BE A REASON TO BELIEVE THE PUBLIC NUISANCE WOULD BE CREATED IF AN ADDITIONAL SHORT-TERM RENTAL PERMIT WAS APPROVED. C 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 WILL BE SUBSTANTIAL, WILL SUBSTANTIALLY INJURE THE NEIGHBORING PROPERTY AS A TYPE TWO SHORT-TERM RENTAL. D ADEQUATE UTILITIES ACCESS, ROAD STORM DRAINAGE, RECREATION, OPEN SPACE. AND THE NECESSARY FACULTIES HAVE BEEN OR ARE BEING PROVIDED. THE SUBJECT PROPERTY PROVIDES OFF STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE. E THE APPLICANT OR THE OWNER FOR THE SPECIAL EXCEPTION, DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES. CONFIRMED CITATIONS OR ADJUDICATED OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITHIN ONE YEAR. PRIOR TO THE DATE OF THE APPLICATION. THE APPLICANT DOES NOT HAVE ANY HISTORY OF REVOCATION, CITATIONS, OR CONVICTIONS FOR VIOLATIONS OF CHAPTER 16 AND OF MOTION. SECOND. SECOND BY COMMISSIONER MANNA. COMMISSIONER THIEL. I'LL BE IN SUPPORT OF THIS. I I BELIEVE THE REASON FOR THIS BOARD TO BE HERE IS FOR, UH, SPECIAL EXCEPTIONS AND VARIANCES OF VERY UNIQUE NATURE. IN THIS INSTANCE, WE SEE THAT THERE ARE ONLY TWO HOUSES ON THE BLOCK FACE. UM, AND THIS INDIVIDUAL HAS BEEN HIT WITH A GREAT TAX BURDEN, OF WHICH I FEEL LIKE MOST OF US HAVE FELT OVER THE LAST, UH, FEW YEARS. SO I WILL BE IN SUPPORT COMMISSIONER MANNA. UM, UNFORTUNATELY I WILL NOT BE IN, UH, AGREEMENT WITH MY COLLEAGUE HERE. UM, I SAID, YOU KNOW, WHILE IT IS, THERE'S TWO, YOU KNOW, PART OF THE U D C IS WRITTEN IS TO, YOU KNOW, KIND OF KEEP AREAS FROM BEING INUNDATED. AND THAT WAS KIND OF WHAT I THINK THE OVERALL GOAL WAS. AND, UH, TAKE A LOOK AT THE MAP. THERE'S 10 WITHIN, THERE'S OTHER 10, UM, UH, TYPE TWOS WITHIN 550 FEET OF THIS PROPERTY. AND SO THAT SEEMS PRETTY DENSE, UH, YOU KNOW, IN THE SURROUNDING AREA. SO I WILL NOT BE VOTING IN FAVOR. ANY OTHER COMMISSIONERS? YES, I COMMISSIONER. [03:10:01] I AGREE WITH, UH, WHAT HAS JUST BEEN PRESENTED. I, UH, HAVE AN AIRBNB MYSELF AND, UH, I WENT ON THE AIRBNB, UH, WEBSITE TO LOOK AT THIS NEIGHBORHOOD. THERE WERE 51 PROPERTIES AVAILABLE NEXT WEEK, UH, FOR RENT IN THIS AREA. IT'S JUST SATURATED WITH AIRBNBS. AND, AND TO ADD ANOTHER ONE JUST SEEMS LIKE WE'RE TAKING, UH, GOOD RENTAL PROPERTIES OFF THE MARKET AND, AND WE'RE IN A HOUSING SHORTAGE. IT DOESN'T MAKE ANY SENSE. OKAY. ANY OTHER COMMISSIONERS? ALL RIGHT. AND I'M JUST GONNA ADD THAT, UH, YOU KNOW, I'M, I'M GONNA BE IN SUPPORT OF THIS ONLY BECAUSE, UM, I'M SEEING A LOT OF HIGHER DENSITY STUFF GO ON IN THIS AREA. UH, I'VE ACTUALLY WORKED ON ONE MYSELF, UH, ON A PROJECT. AND THIS, THIS SITE LOOKS LIKE IT HAS ADEQUATE PARKING. IT'S NOT TOO BIG, SO IT'S NOT GONNA BE ABLE TO CONTAIN AN ENORMOUS AMOUNT OF PEOPLE. UH, AND THE INTENT FROM THE APPLICANT IS, IS REALLY JUST TO BE FOR WEEKENDS ONLY. 'CAUSE HE WANTS TO USE IT IN THE CONDUCTION OF HIS, OF HIS WORK HERE IN TOWN. SO WITH THAT, I'LL, LET'S HAVE A ROLL CALL VOTE PLEASE. MS. MR. TEO? YES, I CONCUR. MR. MANA. I DO NOT CONCUR WITH THE FINDINGS OF FACT, MR. SPIELMAN. I DO, I DO NOT CONCUR. MR. ALBERT. I DO NOT CONCUR. MR. MACHACA. I DO NOT CONCUR. MR. VASQUEZ. I DO NOT CONCUR. MR. CRUZ. I CONCUR. MR. ZUNIGA? I CONCUR. MS. KAPLAN? I DO NOT CONCUR. MS. INGLES? I CONCUR. AND CHAIR ORIAN. UH, I ALSO CONCUR. A MOTION FAILS, UH, SIX TO 11. I'M SORRY, SIX FIVE. SIX TO FIVE . UH, YOU CAN PLEASE GET WITH STAFF IF YOU HAVE ANY QUESTIONS. OKAY? ALRIGHT. THANK YOU. THANK YOU. ALL RIGHT, NEXT CASE. ITEM 16. ITEM 16 BEING B O A 22. SORRY TO INTERRUPT. PLEASE, UH, NOTE FOR THE RECORD THAT COMMISSIONER KAPLAN HAS LEFT. THANK YOU. SORRY. ITEM 16 IS BO A 2 2 1 0 3 0 0 1 7 8. ADDRESS IS FOUR 15 SOUTH GENERAL MCMULLEN AND FOUR 11 SOUTH GENERAL MCMULLEN. THE COUNCIL DISTRICT IS FIVE APPLICANT BEING VICKI WALLABY A REQUEST FOR A ONE TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT FENCE HEIGHT TO ALLOW A PREDOMINANTLY OPEN FENCE TO BE EIGHT FEET ALONG THE SIDE. AND REAR PROPERTY LINES TWO, A THREE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT FENCE HEIGHT TO ALLOW A PREDOMINANTLY OPEN FENCE TO BE EIGHT FEET ALONG THE FRONT PROPERTY LINE. THE CURRENT ZONING IS C THREE M L O D TWO MLR, TWO A H O D, GENERAL COMMERCIAL LACKLAND, MILITARY LIGHTING OVERLAY, MILITARY LIGHTING REGION TWO AIRPORT HAZARD OVERLAY DISTRICT. OKAY. SUMMARY MARIA, THE SUBJECT PROPERTIES ARE LOCATED ALONG SOUTH GENERAL MCMULLEN ROAD IN THE SOUTHWEST PART OF SAN ANTONIO FORD 11 SOUTH GENERAL MCMULLEN ROAD, CONTAINED A COMMERCIAL ESTABLISHMENT AND FOUR 15 SOUTH GENERAL MCMULLEN ROAD CONTAINS A SINGLE FAMILY DWELLING. THE APPLICANT IS REQUESTING A SPECIAL EXCEPTION TO ALLOW AN EIGHT FOOT, PREDOMINANTLY OPEN FENCE TO BE CONSTRUCTED ALONG THE SIDE REAR AND FRONT PROPERTY LINES FOR BOTH PROPERTIES. AND HERE IS A SITE PLAN. UH, OH WAIT, GO BACK. UH, FOUR 11 SOUTH GENERAL MCMULLIN'S GONNA BE ON THE NORTHERN SIDE AND THEN FOUR 15 ON THE SOUTHERN. OKAY. AND HERE IS FOUR 11 SOUTH GENERAL MCMULLIN, FOUR 15 SOUTH GENERAL MCMULLIN. AND HERE'S THE LOCATION OF THE PROPOSED FENCE. OKAY. AND THEN HERE IS THE SURROUNDING AREAS STAFF RECOMMENDATION BEING THE FENCE. HIGH SPECIAL EXCEPTION STAFF RECOMMENDS APPROVAL IN BO O A 2 2 1 0 3 0 0 1 7 8. SORRY, THERE'S A TYPO THERE. UH, BASED ON THE FOLLOWING FINDINGS OF FACT, UH, THE EIGHT FOOT FENCE WILL ADD ADDITIONAL SECURITY AND PRIVACY TO THE SUBJECT SITES AND IMMEDIATE AREA. AND TWO, PREDOMINANTLY OPEN FRONT, FRONT YARD FENCES WERE OBSERVED WITHIN THESE SURROUNDING AREA. SO IT WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. HERE'S THE NOTIFICATION PLAN. STAFF MAILED OUT 36 NOTICES. UH, WE HAD ZERO IN FAVOR, ZERO IN OPPOSITION, AND WE HAD NO RESPONSE FROM THE LOST PALMAS AND NEIGHBORHOOD ASSOCIATION. AND THIS CONCLUDES OUR PRESENTATION AND THE APPLICANT IS HERE. AND CAN YOU BRING UP THAT SIDE PLAN? I JUST HAVE TO QUICKLY ASK, IS, IS THE INTENT TO PUT IN A A 12 FOOT AND A FIVE FOOT SWING GATE OR IS THAT A STATIONARY FENCE LINE? DO YOU HAPPEN TO KNOW? I'M SORRY, CAN YOU SAY THAT AGAIN? IS, IS THE 12 FOOT AND FIVE FOOT AS IT TURNS INTO THE HOME, IS THAT INTENDED TO BE A GATE OR IS THAT JUST [03:15:01] A FENCE THAT GOES UP TO THE HOUSE? IT'S GONNA BE A FENCE. OKAY. THANK YOU VERY MUCH. AND THOSE ARE JUST, I THINK MEASUREMENTS. OKAY. THEY PUT LIKE, IT'S 12 FEET AND 15 FEET. OKAY. THANK YOU. I I I GET IT. I HAVE A BETTER PICTURE OF IT. NOW. IS THE APPLICANT PRESENT? YES SIR. COME ON UP AND LET US KNOW YOUR NAME AND YOU CAN BEGIN YOUR PRESENTATION. THANK YOU. UH, MY NAME'S DAVID WILLOUGHBY. UH, MY WIFE'S DEPLOYED RIGHT NOW. UM, FIRST I WANT TO THANK YOU GUYS FOR TAKING THE TIME TO SPEAK WITH ME. I KNOW IT'S BEEN A LONG DAY. UM, WE'VE BEEN BUSINESS BUSINESS OWNERS. UM, MY DAD HAD THE PLACE SINCE THE SEVENTIES. UM, HE PASSED AWAY IN 2005. UH, ME AND MY WIFE OPENED IT BACK UP IN 2013. UM, WHEN WE STARTED THE BUSINESS, WE WENT TO THE COMMUNITY FIRST. WE ASKED THEIR INPUT, UH, EVERYBODY AROUND THE AREA JUST TO SEE WHAT THEY WOULD SAY. UM, OUR BUSINESS MODEL, UM, IS GOES OFF OF THAT. UM, WHEN WE STARTED TO DO THE, UH, TO SCALE UP ON THE PROPERTY, UM, WE AGAIN WENT TO THE, THE, THE NEIGHBORS, UH, SURROUNDING, ESPECIALLY IN THE BACK OF UM, FOUR 15 AND FOUR 11 ALSO, UH, BEHIND, UM, 4 21 ALSO. AND WE, UH, TOLD THEM WHAT WE WANTED TO DO AND UH, ASKED THEM IF IT WAS OKAY, UM, IF THEY HAD ANY OBJECTIONS AND, UM, THEY DIDN'T HAVE ANY ACTUALLY, UM, OTHER THAN, UM, JUST TO MAKE SURE WE DIDN'T CREATE A LOT OF COMMOTION FOR 'EM. SO WE TOLD 'EM THAT WAS THE REASON WHY WE WANTED THE FENCE UP. SO WE DID NOT CREATE ANY TYPE OF NOISE ISSUES FOR THEM. UM, ALSO TOO, WE HAVE SECURITY LIGHTS IN THE BACK OF THE PROPERTY ALL AROUND FOUR 11 AS WELL BECAUSE UH, IF YOU SEE IN THE BACK OF FOUR 11, KIND OF LIKE A BLIND SPOT BACK THERE, A LOT OF HOMELESS PEOPLE LIKE TO GO BACK IN THERE AND HIDE. SO THAT'S THE REASON WHY WE ARE WANTING THE FENCE TO COME AROUND AND WE'RE GONNA PUT A GATE THERE AS WELL, UM, TO NOT ALLOW THEM TO CONTINUOUSLY TRY TO BREAK INTO THE PROPERTY. AS WELL AS, UM, WE ALSO RENOVATED FOUR LEVIN ALSO. SO, UM, THEY'VE ALREADY TRIED TO GET IN THERE SEVERAL TIMES, BUT UH, THE SECURITY LIGHTS IN THE BACK, WE DIDN'T WANT THEM TO DISTURB THE NEIGHBORS AS THEY GO OFF AND ON. UM, WE JUST TRYING TO BE CONSIDERATE. SO WE WANTED TO HAVE THAT FENCE UP. UM, WE ALSO PUT SECURITY CAMERAS ON BOTH OF THE PROPERTIES AS WELL, SO WE CAN SEE WHAT'S GOING ON IN THAT BLIND SPOT. UM, UM, SAN ANTONIO POLICE HAS BEEN AWESOME, BEEN HELPING US OUT QUITE A BIT, BUT ALSO TWO IN, UH, FOUR 11, IT'S ALSO CONSIDERED COMMERCIAL. UM, SO WE ARE USING IT AS AN OFFICE SPACE, SO, UH, THAT'S ANOTHER REASON FOR THE SECURITY, UM, BECAUSE WE DON'T WANT ANYONE COMING OUT OF THERE AND GETTING SURPRISED, AND SO FORTH. SO THAT'S THE WHOLE PURPOSE OF, OF THE FENCE AND WHY WE'RE WANTING IT. CAN UH, SIR, CAN YOU TAKE, UH, THE LASER POINTER AND SHOW WHERE THE GATE IS GOING TO GO? YES. RIGHT HERE? MM-HMM. IS WHERE THERE'S GOING TO BE A GATE. WE CAN PUT IT HERE OR WE, WE REALLY DON'T WANNA PUT IT HERE BECAUSE ALL THIS IS CONCRETE THERE AND CARS COME IN THROUGH HERE. SOMETIMES THEY LIKE TO CUT CLOSE TO FOUR 11 COMING INTO FOUR 15, SO WE DIDN'T WANT TO PUT IT THERE, SO WE WANTED TO PUT IT HERE. UM, AND THAT WAY WE, WHEN WE COME OUT OF FOUR 11, THERE'S A PORCH THERE, THEY CAN COME OUT AND COME OUT SAFELY. SO IT'S A PEDESTRIAN GATE THEN? CORRECT. OKAY. OKAY. ALRIGHT, FANTASTIC. UM, ANYONE SIGN UP TO SPEAK? NO PUBLIC COMMENT. ALRIGHT. UH, IS THERE ANY, UH, COMMISSIONER QUESTIONS FOR THE APPLICANT? NO. COMMISSIONER ALBERT, UH, WHAT TYPE OF FENCE WILL IT BE, SIR? YEAH, THAT WAS MY, IT'LL BE, UH, AS YOU CAN SEE THERE, THAT THAT'S NOT ON OUR PROPERTY. THAT, THAT PRIVACY FENCE THERE, THAT LADY PUT THAT PROPERTY UP THERE, IT'S GONNA BE A, A, A SAME THING SIMILAR TO THAT, BUT IT'S GONNA BE PROPERLY, UH, INSTALLED. OKAY, SIR. THE, THE, IT APPEARS THE, UH, APPLICATION WAS FOR A PREDOMINANTLY OPEN FENCE. ARE YOU PUTTING IN A WOOD FENCE OR A PREDOMINANTLY OPEN FENCE IS WHERE 70% OF IT IS OPEN LIKE A WROUGHT IRON OR A CHAIN LINK OR SOMETHING LIKE THAT. ARE YOU PUTTING IN A WOOD FENCE OR IT IS A PRO. IT IS A A, UH, WE WERE GONNA DO AN OPEN ROD IRON FENCE, BUT, UM, BECAUSE OF THE SUPPLY [03:20:01] ISSUES, AT THE TIME WE, WE HAD TO GO BACK TO THE, UH, PRIVACY FENCE, WHICH IS GONNA GO ALL THE WAY DOWN THE BACK. SO, SO EVERYTHING BEFORE TODAY IS YOUR QUEST IS FOR A A IS FOR PRIVACY FENCE. IT'S NOT NECESSARY FOR OUR PRIVACY IS MORE FOR, SO WE DON'T ENTER. WELL IT IS TECHNICALLY BECAUSE WE DON'T WANNA, UM, AFFECT THE NEIGHBORS BEHIND US WITH OUR LIGHTS ON THOSE CORNERS. YEAH. WHERE I'M GOING WITH THIS IS THAT WE'RE ONLY ALLOWED TO APPROVE WHAT IS BEFORE US. AND WE CAN'T CHANGE, WE CAN ONLY REDUCE AN APPLICATION. WE CAN'T MAKE IT MORE SO, OR CHANGE IT DRAMATICALLY, UH, OR CHANGE IT AT ALL REALLY. SO BECAUSE THIS WAS ADVERTISED AS A PREDOMINANTLY OPEN, ARE WE EVEN ALLOWED TO ENTERTAIN AT THIS TIME? ANYTHING OTHER THAN THAT? RIGHT. CORRECT. SO, UM, WE MAY HAVE TO, WE'RE GONNA HAVE TO PURSUE A CONTINUANCE THEN IF IT'S, IS THAT SOMETHING THAT WHERE YOU CAN RE NOTIFY? IT WOULDN'T BE A CONTINUANCE. IT WOULD HAVE TO BE A RESTART. AND, UM, THEY HAVE BEEN WORKING ON THEIR PERMITS SINCE FEBRUARY OF, OF THIS YEAR. OH GEEZ. AND HAVE, UM, THEIR PLANS HAVE HAD TO CHANGE AS THEY'VE BEEN WAITING FOR THIS CONSIDERATION TODAY. UM OKAY. WHICH COULD BE WHY THE FENCE STYLE IS CHANGING AS WELL. BUT, UH, THE APPLICATION YOU SUBMITTED, SIR, IS FOR PREDOMINANTLY OPEN. AND SO THAT'S WHAT WE UTILIZE IN ORDER TO PUBLICIZE AND SEND NOTIFICATION FOR THIS CASE. SO WE'RE, WE'RE NOT ALLOWED TO EVEN VOTE ON THIS IF YOU'RE ASKING FOR ANYTHING OTHER THAN THAT. WHAT, WHAT WOULD BE THE SOONEST THIS APPLICANT, UH, WITH THE PROPER PAPERWORK CAN GET BEFORE US AGAIN? SO IT WOULD BE THE, UH, NOVEMBER 7TH CASE, UH, MEETING THAT WE COULD PUT 'EM ON. OKAY, SO, SORRY, GO AHEAD. I'M SORRY. UM, SO IF, IF WE WERE TO DO THE OPEN FENCE, WOULD IT BE OKAY? WELL WE COULD, WE COULD AT LEAST ENTERTAIN THAT TODAY AND TAKE A VOTE ON IT. OKAY. BUT IF, IF IT, SO JUST A QUESTION FOR STAFF, IF THIS WERE TO COME BACK TO US, IS THERE A REDUCED FEE POSSIBLE OR IS IT GOTTA BE THE FULL FEE ALL OVER AGAIN? NO, THAT IT, IT WON'T BE A, IT WON'T BE A FEE. OKAY. SO WHAT HAPPENS IS, IF YOU, IF WE VOTE ON THIS TODAY AND LET'S SAY, LET'S SAY IT GETS APPROVED, UM, THAT'S IT. YOU CAN JUST PUT THE PREDOMINANTLY OPEN. IF YOU WANTED TO COME BACK WITH ANYTHING OTHER THAN THAT, IT WOULD HAVE TO BE A FULL SEPARATE APPLICATION. BUT IF YOU WANT, YOU CAN COME BACK ON NOVEMBER 7TH, HAVE THIS BE READVERTISED AND NOT PAY ANY ADDITIONAL MONEY AND WE COULD LOOK AT IT WHAT YOU WANT IT TO DO. SO WHAT WOULD YOU LIKE TO DO, SIR? I MEAN, YOU'VE BEEN WAITING SO LONG. I'M GONNA BE HONEST WITH YOU. THIS IS MY WIFE . SHE DID THIS WELL, I MEAN THIS IS, SHE'S BACK AND FORTH BACK. YOU'VE WAITING SO LONG. UM, I HATE TO SAY NOVEMBER 7TH SEEMS SO CLOSE COMPARED TO FEBRUARY. WELL, THE ONLY REASON WHY WE, WE GOT AWAY FROM THE OPEN FENCE BECAUSE IT WAS SUPPLY CHAIN ISSUES. WE COULDN'T GET WHAT WE NEEDED THERE. RIGHT. SO, BUT WHO'S TO SAY IT'S NOT BETTER NOW? UM, I JUST WANT TO UM, SIR, SO RIGHT NOW IF THIS GETS APPROVED AS IS, SO YOU CAN STILL HAVE A SIX FOOT PRIVACY FENCE IN THE BACK, BUT JUST A TWO EXTRA FEET WILL HAVE TO BE PREDOMINANTLY OPEN. JUST THROWING THAT OUT THERE IF YOU WANT TO CONTINUE. OH, THAT'S, YEAH, THAT'S INTERESTING. OKAY. I CAN DO THAT. THE, THE FRONT WOULD STILL HAVE TO BE PREDOMINANTLY OPEN. WHAT DO YOU MEAN? THE FRONT, THE FRONT OF THE, THE WHOLE PLACE, THE, THE FRONT FACADE. SO IN FRONT OF THE BUILDING. OH YEAH. IT WAS GONNA BE OPEN FROM THE BEGINNING. IT WAS NEVER GONNA BE CLOSED IN. WELL, THE FENCE. THE FENCE. YEAH. WE OH, OKAY. IT HAS TO BE OPEN FENCES ARE, ARE YOU HAVE FRONT SIDE AND REAR AND SO ON. AND ONCE YOU HAVE ANYTHING FROM THE FRONT OF YOUR BUILDING TOWARDS THE STREET WOULD BE CONSIDERED FRONTAGE. OKAY. AND THERE'S DIFFERENT HEIGHT ALLOWANCES THERE. SO IF WE WERE TO PROVE THIS TODAY, THE MOSTLY HIGHEST WOULD BE FOUR FOOT ON A COMMERCIAL OR SIX FOOT ON THE FRONT SIX. SO YOU COULD DO A SIX FOOT, UH, FENCE FOR THAT WOULD GIVE YOU PRIVACY AND THEN DO TWO FEET ON TOP OF THAT. THAT WOULD BE PREDOMINANTLY OPEN. I DON'T KNOW WHAT THAT WOULD LOOK LIKE, BUT I MEAN, IT'D BE A, BUT THAT'S WHAT, THAT'S HOW, THAT'S WHAT WOULD HAPPEN IF WE WERE TO ENTERTAIN THIS AND IT GOT APPROVED TODAY. OKAY. SO YEAH, THAT SOUNDS PERFECT. OKAY. SO DOES EVERYBODY, CAN YOU REPEAT WHAT YOU JUST SAID WITH REGARDS TO THE, THE SIX FOOT? I GOT CONFUSED HERE 'CAUSE I DIDN'T, SO, SO WE WOULD BE VOTING ON AN EIGHT FOOT, PREDOMINANTLY OPEN FENCE. SO BY RIGHT. HE COULD DO A SIX FOOT WOOD FENCE, BUT THEN HE WOULD HAVE TO PUT TWO FEET IF HE WANTED TO PREDOMINANTLY OPEN ON TOP OF IT IN THE BACK AND SIDES. CORRECT. BUT NOT IN THE FRONT. YEAH, WHATEVER, WHATEVER WOULD BE ALLOWED TO BE, LET'S SAY A WOOD FENCE, HE COULD GO RIGHT UP TO TWO FEET. UP TO EIGHT FEET. CAN WE BRING UP THE, THE PLAN? NO, LET'S BRING UP THE SITE PLAN AND COMMISSIONER INGLES, CAN [03:25:01] YOU SEE EVERYTHING THAT WE'RE SEEING? IS IT I CAN, YES. OKAY. JUST WANTED TO MAKE SURE YOU, 'CAUSE WE GOT LASER POINTERS GOING ON HERE. I DIDN'T MAKE SURE YOU CAN SEE. AND THE LASER POINTERS. I SEE A CURSOR, BUT I DON'T SEE A LASER POINTER. OKAY. SO, SO HERE'S WHAT WOULD HAPPEN IN THE REAR. UH, BECAUSE HE C THREE, UH, AND HE IS ABUTTING RESIDENTIAL, WHAT WOULD BE THE MAX HEIGHT FOR THAT FENCE? SO YOU COULD DO AN EIGHT FENCE FOOT FENCE NOW ALREADY. AND WHERE YOU SHOW 200 FEET, THAT COULD ALREADY BE AN EIGHT FOOT FENCE, IS THAT CORRECT? CORRECT. OKAY. AND THAT COULD BE WOOD OR, OKAY. SOLID. AND THEN THE WHERE IT SHOWS 50 FEET, WHICH SIDE? UH, WITH THE, WHERE THE, OH YEAH, LET'S, SO LET'S TALK ABOUT THE, THE TOP OF THE SHEET OF PAPER ON THE NORTH SIDE WHERE YOU'RE ABUTTING, WELL YOU'RE ABUTTING C THREE ON EITHER SIDE. SO THAT COULD BE HOW HIGH? THAT'S A SIX FOOT. SO YOU COULD DO A SIX FOOT WITH TWO FOOT ON TOP OF IT AT THIS GOT APPROVED. AND THEN FOR THE AREA THAT'S, THAT'S NOT, NOT THERE, RICHARD, ALONG THE SITES. . WELL THAT'S A BIG CURSOR. UH, YEAH. AND THEN WHAT'S A, WHAT'S RUNNING PARALLEL WITH GENERAL MCMULLEN WHERE THE LITTLE, THE 20 FOOT IS AND THEN THE 15 FOOT. ANYTHING THAT'S FROM THE HOME DOWN THAT'S CONSIDERED FRONT YARD THAT MAX HEIGHT WOULD BE, RIGHT NOW IT'S FIVE FEET, BUT IF, IF IT'S APPROVED IT WOULD BE EIGHT FOOT PREDOMINANTLY OPEN. SO YOU COULD DO FIVE FOOT WITH THREE FOOT OF PREDOMINANTLY OPEN OR EIGHT FOOT ALL PREDOMINANTLY OPEN. ALL RIGHT. AND THEN, UH, SO IF THERE'S ANY OTHER QUESTIONS, THERE'D BE NO CLEAR VISION ISSUES ON THAT 20 FOOT AND THE 15 FOOT OFF OF FOUR 11 ABUTTING FOUR 15? NO, BECAUSE IT'S PREDOMINANTLY OPEN. THAT WAS ONE OF THE YEAH, HE, SO WHAT HAPPENS IS WHEN YOU'RE PREDOMINANTLY OPEN, YOU MIGHT NOT HAVE ANY CLEAR VISION ISSUES, YOU KNOW, VEHICULAR TRAFFIC COMING IN AND OUT. BUT IF YOU ELECT TO PUT IN A, A SOLID FENCE WITH A PREDOMINANTLY OPEN PORTION ON TOP OF IT, THEN THROUGH PERMITTING THEY WOULD LOOK AT CLEAR VISION COMPLIANCE, YOU KNOW, WOULD IT BLOCK SOMEONE'S VIEW AS THEY'RE TRYING TO COME IN AND OUT OF YOUR PROPERTY AND YOU HAVE TO BE WITHIN 15 FEET OF THE, OF THE PAVED STREET, CORRECT? FROM THE FACE OF CURB ON THAT STREET? YES. SO WHERE, WHERE THE CURB EXISTS ON GENERAL MCMULLEN, WHERE A CAR COULD ACTUALLY DRIVE 15 FEET IN FROM THAT YOU CAN'T BLOCK VIEW. SO JUST A LOT OF THINGS TO KEEP IN MIND AS WE MOVE FORWARD. BUT THAT'LL BE WORKED OUT IN PERMITTING, UH, WITH THE CITY, DEPENDING ON WHAT YOU WANT TO DO. OKAY. SO IS IS, DOES ALL THE COMMISSIONER, ANY COMMISSIONERS HAVE ANY QUESTIONS REGARDING WHAT, WHAT WE'RE DOING HERE? CRUZ, COMMISSIONER CRUZ? UH, SO THE, UM, MOTION WOULD BE READ THE WAY IT IS OR YES, WE WOULD HAVE TO MAKE A DIFFERENCE. IT WOULD BE READ AS AS THE WAY IT IS. OKAY. I DO WANNA MAKE SURE. THANK YOU. ALRIGHT, GOOD QUESTION. IF, IF WITH THAT, IF THERE'S A COMMISSIONER, I'D LIKE TO MAKE A MOTION COMMISSIONER. ALRIGHT, THANK YOU SIR. OKAY. UM, REGARDING CASE NUMBER BO A 2 2 103 0 0 1 78, I MOVE THAT THE BOARD OF ADJUSTMENT ONE GRANT, A TWO FOOT SPECIAL EXCEPTION FROM THE UH, MAXIMUM SIX FOOT FENCE HIGH TO ALLOW A PREDO PREDOMINANTLY OPEN FENCE TO BE EIGHT FEET LONG. EIGHT FEET ALONG THE SIDE AND REAR PROPERTY LINE. AND TWO, A THREE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT FENCE HIGH TO ALLOW A PREDOMINANTLY OPEN FENCE TO TO EIGHT FEET ALONG THE FRONT PROPERTY LINE SITUATED AT FOUR 11 AND FOUR 15 SOUTH GENERAL MCMULLEN APPLICANT BEING VICKI WILLOUGHBY BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER BECAUSE THE PROPOSED FENCE BEING REQUESTED IS PREDOMINANTLY OPEN, LOCATED ALONG THE FRONT SIDE AND REAR PROPERTY LINES AND DOES NOT EXCEED EIGHT FEET AND HIGH. AND GRANT, IF GRANTED STAFF FINDS THE REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE. B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED BECAUSE THE CRITERIA ARE PRE REPRESENTED BY FEN HEIGHT TO PROTECT COMMERCIAL PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY. THE PROPOSED FENCE BE THE PROPOSED FENCE REQUESTED WILL BE LOCATED ALONG THE FRONT SIDE AND REAR PROPERTY LINES AND IS EXCEEDING THE MAXIMUM HIGH REQUIREMENT BY TWO AND THREE FEET. THE FENCE IS PREDOMINANTLY OPEN, WHICH STILL SERVES THE PUBLIC WELFARE AND CONVENIENCE. SEE, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIAL, SUBSTANTIALLY INJURED BY SUCH PROPOSED [03:30:01] USE BECAUSE THE EIGHT FOOT FENCE WOULD CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT PROPERTIES AND IS UNLIKELY TO SUBSTANTIALLY INJURE ANY NEIGHBORING PROPERTIES. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION OF WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT BECAUSE THE FENCE IS MADE OF WHICH, WHICH IS PERMITTED CONSTRUCTION MATERIAL. IN ADDITION, PREDOMINANTLY OPEN FENCES BOARDING SOUTH GENERAL MCMULLEN ROAD CAN BE FOUND IN THE SURROUNDING AREA, INCLUDING PROPERTIES ADJACENT TO THE SUBJECT PROPERTY. THUS IT IS HIGHLY UNLIKELY THAT THE REQUEST WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. EITHER SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC D CURRENT ZONING PERMITS. THE CURRENT USE OF A SINGLE FAMILY HOME, THE REQUEST, THE REQUESTED SPECIAL EXCEPTION, WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. AND A MOTION. SECOND. SECOND BY COMMISSIONER MANNA. COMMISSIONER CRUZ. UM, I WAS KIND OF IN DOUBT BUT WHEN HE SAID HE COULD LEAVE IT AS PREDOMINANTLY OPEN, I DON'T SEE A PROBLEM WITH IT. IT'S A GOOD NEIGHBORHOOD. UH, HE'S BRINGING IN SOME GOOD, UH, COMMERCIAL, UM, BUSINESS INTO IT AND I DON'T SEE A PROBLEM WITH IT. THANK YOU. ALRIGHT, COMMISSIONER MANON, I CONCUR WITH MY COLLEAGUE AND THEN ALSO, YOU KNOW, THANK YOU FOR REACHING OUT TO YOUR COMMUNITY AND GETTING THE OUTREACH THAT'S ALWAYS REALLY IMPORTANT. SO I'M HAPPY TO HEAR THAT YOU DID THAT. SO THANK YOU. I'LL BE VOTING IN FAVOR. THANK YOU. THANK YOU. ANY OTHER COMMISSIONERS LIKE TO ADD? ALRIGHT, LET'S HAVE A ROLL CALL. VOTE MS. CRUZ. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MRS. SPILLMAN I CONCUR. MR. ALBERT. I CONCUR. MR. MANCHACA I CONCUR. MR. VASQUEZ. I CONCUR. MR. ZUNIGA? I CONCUR. MS. KAPLAN? SHE'S GONE. MS. INGLES? I CONCUR. MR. THIEL? YES. I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 10 TO ZERO. THANK YOU. UH, I KNOW WE TALKED ABOUT FENCE HEIGHTS AND WHAT YOU CAN DO IF YOU HAVE ANY QUESTIONS, PLEASE, . YEAH, YOU KNOW, I WANT TO LET YOU GUYS KNOW THAT YOU GUYS BEEN A TREMENDOUS HELP. I MEAN, EVERYBODY HERE'S BEEN AMAZING. UM, 'CAUSE WE WENT INTO THIS KIND OF NOT KNOWING EVERYTHING. UM, BUT THE STAFF HERE HAS BEEN VERY, VERY, VERY HELPFUL AND HAVE HUMBLY APPRECIATIVE OF THAT. YEAH, THEY, THEY REALLY ARE. MM-HMM. AND, YOU KNOW, YOU CAN EVEN TAKE A SURVEY ONLINE AND LET THE POWERS THAT BE KNOW FOR SURE. NO DOUBT. THANK YOU. THANK YOU. BACK. MECO ALREADY HAS A SKETCH FOR HIM THAT HE'S GONNA TALK TO HIM ABOUT BACK THERE, . OKAY. THANK YOU. THANK YOU SIR. HAVE A GOOD DAY. NEXT CASE, ITEM 17, I UNDERSTAND. UM, BO O A 2 2 1 0 3 0 0 180 7. CURRENTLY LOCATED AT, UH, 15,000 IH 10 WEST. UM, COUNCIL DISTRICT NUMBER EIGHT, APPLICANT BEING JASON TRUJILLO. UH, REQUEST FOR A ONE FOOT SPECIAL EXEMPTION FROM THE MAXIMUM FIVE FOOT FENCE HEIGHT TO ALLOW PREDOMINANTLY OPEN FENCE TO BE SIX FEET ALONG THE FRONT YARD. UH, CURRENT ZONING IS C TWO COMMERCIAL DISTRICT. UM, SO THE SUBJECT PROPERTY IS LOCATED ALONG THE INTERSTATE 10 FRONTAGE ROAD. THERE'S AN OFFICE BUILDING ON THE PROPERTY AND THE APPLICANTS WANTED TO CONSTRUCT A PREDOMINANTLY OPEN FENCE ALONG THE FRONT YARD. UH, THE PROPOSED FENCE WILL NOT BE, UM, VISIBLE FROM THE RIGHT OF WAY. UM, SO THIS IS THE SECURITY SERVICE CAMPUS THAT IS UP BY I 10. UH, WHERE THE HIGHLIGHTED PART IS WHERE THEY'RE PROPOSING TO PUT THE FENCE, UM, RIGHT THERE. UM, SO IT'S GONNA BE PRETTY MUCH ALL ALONG THE FRONT OF IT. UH, AND THEN JUST THE SUBJECT PROPERTY ITSELF IS REALLY A BIG PROPERTY. SO JUST GO AHEAD. UM, SO YOU CAN KIND OF TELL WHERE IT'S GONNA BE LOCATED AT, KIND OF BE, I GUESS YOU COULD SAY THE TOP OF THAT HILL KIND OF AREA. UM, THAT'S WHERE THE FENCE WILL BE CURRENTLY LOCATED OR WILL BE LOCATED BOTTOM, THE BOTTOM OF THE HILL. THERE WE GO. UH, GO AHEAD AND I GUESS IT'S JUST GONNA BE PRETTY MUCH WRAPPING AROUND ALL, ALL AROUND THE CAMPUS AND THEN SOME OF THE SURROUNDING AREAS IS A PRETTY MUCH A BUNCH OF GRASS . AND THEN SO STAFF RECOMMENDS APPROVAL OF REQUEST FOR THE FRONT YARD FENCE. UM, IT DOES NOT APPEAR TO ULTRA CENTRAL. WHAT THAT, UM, BO O 8 22 103 0 0 1 8 7 BASED ON FILING FINDINGS. FACT, UM, IT'S NOT VERY EASILY VISIBLE AND IT DOES NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. UH, THERE WERE THREE NOTICES SENT [03:35:01] OUT. UH, THERE WERE ZERO IN FAVOR, ZERO IN OPPOSITION, AND THERE IS NO REGISTERED, UM, HOMEOWNERS ASSOCIATION IN THE AREA. UM, THAT CONCLUDES THAT PRESENTATION AND THE APPLICANT IS RIGHT BEHIND ME. ALRIGHT, IF YOU COULD STATE YOUR NAME AND AGAIN, YOUR PRESENTATION. SURE. HI, MY NAME'S GARTH ERICKSON, UM, FOR SECURITY SERVICE. SO, UH, ESSENTIALLY RIGHT NOW WE HAVE A FENCE ALONG THE, ALONG THE BACK ALONG THAT, UH, GREENWAY THERE. IF ANYBODY GOES DOWN THAT GREENWAY, I'M SURE YOU'VE GONE BY THERE. UH, IT'S AN EIGHT FOOT TALL FENCE. UM, IMMEDIATELY ADJACENT TO OUR PROPERTY IS A, AN APARTMENT BUILDING THAT HAS A CURRENT SIX FOOT TALL METAL FENCE, UH, AROUND IT. WE ACTUALLY OWN ALL OF THE OTHER PROPERTY AROUND IT. SO ALL OF THOSE OTHER VACANT PARCELS, THEY'RE ALL, THEY'RE ALL OURS. IT IS 65 ACRES, UH, OF LAND. WE CURRENTLY HAVE JUST UNDER 30 ACRES, UH, BUILT OUT. WE'VE, UM, HAD A L PRETTY BIG PROBLEM IN THE LAST YEAR OR TWO WITH, UM, PEOPLE COMING ONTO OUR PROPERTY TRYING TO GET INTO THE BUILDING, UH, GOING THROUGH OUR PARKING GARAGE, GOING, UH, LOOKING IN PEOPLE'S CARS, TRYING TO BREAK INTO THINGS. SO WE HIRED A SECURITY CONSULTANT. UM, WE HAVE ONSITE, UH, ARMED SECURITY AS WELL. UM, EVERYONE HAS TOLD US THAT THE D O D MINIMUM REQUIREMENTS FOR A SECURITY FENCE ARE SIX FEET TALL. UH, SO RATHER THAN TRY AND MATCH THE EIGHT FOOT TALL FENCE THAT WE HAVE IN THE BACK, WE SAID, FINE, LET'S DO THE MINIMUM FOR A SECURITY FENCE AND GO FOR SIX FOOT. UM, THAT'S WHEN WE FOUND OUT THAT IT WAS FIVE FOOT MAXIMUM, UH, ALLOWED OUT THERE. SO THAT'S WHY WE'RE HERE TO SEE YOU ALL, UH, TO GET AN EXEMPTION SO THAT WE CAN MEET, UH, YOU KNOW, BASIC D O D SECURITY REQUIREMENTS OF A SIX FOOT TALL FENCE. OKAY. UM, QUICK QUESTION FOR STAFF. THE, THE DRIVE THAT, THAT WOULD BE ON THE OPPOSITE SIDE OF THE FENCE, THAT, THAT'S, THAT'S NOT RIGHT OF WAY, THAT'S JUST AN, THAT'S PRIVATELY OWNED DRIVE, PRIVATE DRIVING. OKAY. DOES THAT AFFECT WHAT ALLOWANCES OR FENCE SITES IN, I KNOW THIS BUILDING HAS AN ADDRESS OFF OF I 10, BUT IT YOU'VE GOT UEX DOWN THERE. I'M JUST TRYING TO FIGURE OUT WHEN IT BECOMES A SIDE, WHEN IT BECOMES A FRONT, BECAUSE THEY, THE, WHERE IT SHOWS A PROPOSED SIX FOOT FENCE ON THE, ON THE SOUTH SIDE THAT ISN'T THAT ALREADY ALLOWED BECAUSE IT'S A SIDE FENCE, YOU KNOW WHAT I MEAN? UH, THE ONE CLOSEST TO THE MULTIFAMILY THAT THEY'RE TALKING ABOUT? UH, NO. UM, CLOSEST TO, UH, THE, THE C TWO VACANT COMMERCIAL, IT'S DIRECTLY TO THE SOUTH. SO WHAT'S ON THE SCREEN RIGHT NOW WHERE IT SAYS ON THE VERY, VERY BOTTOM NEXT IT SAYS PROPOSED SIX FOOT FENCE. WOULDN'T THAT ALIGNMENT BE CONSIDERED A SIDE PROPERTY LINE? YEAH. AT THAT POINT, UH, THEY'RE BEHIND THE FRONT FACADE OF THE BUILDING, SO YES, THAT WOULD BE PERMITTED BY, RIGHT. YEAH. OKAY. DOWN TO THAT TRAFFIC CIRCLE WAS A PRIVATE PRIVATE DRIVE. OKAY. I JUST WANTED TO MAKE SURE WE'RE CLEAR ABOUT WHAT WE'RE READING. AND THE PRIVATE DRIVE WOULDN'T AFFECT THE FRONT FACADE OR ANYTHING LIKE THAT. OKAY. FANTASTIC. UM, I'M ASSUMING NO ONE SIGNED UP TO SPEAK OR IS THERE NO, UH, THERE WAS A GARTH ERICKSON. I THINK THAT'S, OH, OKAY. WE DON'T HAVE NO PUBLIC SPEAK. IS THERE ANY COMMISSIONER QUESTIONS? ALL RIGHT. HEARING NONE. UM, LOOKING FOR A MOTION. HANNAH COMMISSIONER MANN, REGARDING CASE NUMBER BOA 2 2 1 0 3 0 0 1 8 7, I MOVED THAT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR A ONE FOOT SPECIAL EXCEPTION FROM THE FIVE FOOT MAXIMUM FENCE HEIGHT TO ALLOW A PREDOMINANTLY OPEN FENCE TO BE SIX FOOT ALONG THE FRONT YARD SITUATED AT 15,000 IH 10 WEST, APPLICANT BEING INLINE FENCE AND FABRICATION L L C BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISION TO THE U D C AS AMENDED WOULD RESULT IN THE NECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE U D C STATES THAT THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR FINITE MODIFICATION. THE ADDITIONAL FENCE SITE, IF GRANTED, WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE. B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THESE CRITERIA ARE REPRESENTED BY FENCE HEIGHTS TO PROTECT AND STILL PROMOTE A SENSE OF COMMUNITY. C. THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE FENCE WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT PROPERTY AND IT'S UNLIKELY TO SUBSTANTIALLY INJURE ANY NEIGHBORING PROPERTIES. D THE SPECIAL CONCEPTION FOR, UH, WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THIS, UH, SPECIAL EXCEPTION IS SOUGHT. THE ADDITIONAL HEIGHT FOR THIS SECTION OF FRONT YARD FENCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE AND ESTABLISHED FOR THE SPECIFIC DISTRICT. [03:40:01] THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OF THIS FENCE IS AS THIS FENCE IS NOT EASILY SEEN FROM THE RIGHT OF WAY. AND A MOTION, MOTION SECOND BY COMMISSIONER CRUZ, COMMISSIONER MANNA. UM, YEAH, SO I, I THINK, UH, UM, I'M VERY FAMILIAR WITH THIS AREA AND I THINK AS DESIGNED THE FENCE, UH, AS WAS STATED, UH, WILL BE MINIMALLY, UH, UH, SEEN. AND, UM, AND I'M SURE THAT THERE'LL BE WONDERFUL LANDSCAPING ALL AROUND IT TO ACTUALLY MAKE IT VERY, UM, PLEASANT TO, UH, UH, BE A GOOD NEIGHBOR IN THIS COMMUNITY. THANK YOU. ALL RIGHT. THANK YOU. COMMISSIONER CRUZ. UM, I CONCUR WITH MR. MANNA. THIS IS A NICE AREA AND I THINK THE EXTRA SECURITY WOULD BE GREAT FOR THE EMPLOYEES. THANK YOU. THANK YOU. ANY OTHER COMMISSIONERS LIKE TO ADD? ALL RIGHT. HEARING NONE, UH, LET'S HAVE A ROLL CALL. VOTE PLEASE. MR. MANO. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. I CONCUR. MR. SPIELMAN? I CONCUR. MR. ALBERT. I CONCUR. MR. MANCHACA? I CONCUR. MR. VASQUEZ. I CONCUR. MR. ZUNIGA? I CONCUR. MS. INGLES? I CONCUR. MR. THIEL? YES, I CONCUR. CHAIR ORIAN. I ALSO CONCUR THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. 10 TO ZERO. CONGRATULATIONS. THANK YOU. THANK YOU. THANK YOU. AND WITH THAT WE MOVE ON [ Approval of Minutes  ] TO THE MINUTES. I KNOW I HAD SUBMITTED SOME A, UH, AMENDMENTS. ARE THERE ANY OTHER AMENDMENTS FROM THE COMMISSION? ALL RIGHT. HEARING NONE. I'M LOOKING FOR A MOTION MOVE. TORU. THAT MOTIONS HAS OMITTED. OKAY, I'LL GO AHEAD AND SECOND THAT AND, UH, WE'LL HAVE A, UH, A VOICE VOTE. ALL IN FAVOR SAY AYE. AYE. AYE. UH, ALL ANY OPPOSED HEARING DONE? UH, MOTION PASSES UNANIMOUSLY. ALL RIGHT. AND [ Director’s Report  ] IS THERE ANY DIRECTOR'S REPORT OR ANY INFORMATION, ANY INFORMATION FROM STAFF? NO, NOT REALLY. JUST, UH, YOU KNOW, A GREAT JOB YOU GUYS STILL GOT DONE BEFORE FIVE. UM, AND THE NEXT MEETING WILL PROBABLY BE A LITTLE BIT MORE OF A DOOZY. UM, YEAH. BUT WE'LL WE'LL PLAN FOR THAT, THAT YOU HAVE SOME, UM, YOU'RE GOING TO HAVE, UH, AN APPEAL COME FORWARD AND IS THAT THE EXECUTIVE AND AN EXECUTIVE SESSION? SO, OKAY. OKAY. AND THEN, UM, I, I, I JUST HAVE, UH, SOMETHING, SO TODAY, UH, Y'ALL HAVE DONE A PRETTY GOOD JOB ABOUT LETTING US KNOW ABOUT THE PERMITTING STATUS, CO COMPLIANCE STATUS, ALL THAT GOOD STUFF. AND I'D SAY KEEP UP, KEEP THAT UP BECAUSE WE SURE LIKE TO HEAR THAT. AND, UM, SECONDLY, UM, IS THERE, IS THERE GOING TO BE ANY, UH, ANY WORD ON ANY APPOINTMENTS OR ANYTHING FOR ANY VACANCIES? WE HAVE SENT, UM, FOR THE VACANCIES AND THEY ARE WORKING ON IT. SO THE, IT'S WITH THE CLERK'S OFFICE NOW. UH, WE HAVE NOT HEARD OF ANYONE BEING APPOINTED YET AND MOVING FORWARD, BUT AS SOON AS WE DO WE'LL, WE'LL LET YOU KNOW. OKAY. AND FOR THE REST OF THE COMMISSION, Y'ALL BEEN GETTING THE NOTICES ABOUT THE M L I TRAINING? THE MONTHLY STUFF YOU HAVE? YES. HAVE, HAVE COMMISSIONER MANNA, . SORRY, WHAT? SO THERE, INSTEAD OF DOING A AN AN M L I JUST LONGER MEETING, THEY'RE SENDING OUT THESE LITTLE, UH, MONTHLY BURSTS OF TRAINING AND THERE'S AN EXPECTATION TO GO THROUGH THAT AND ANSWER SOME QUESTIONS. AND, AND IF YOU HAVEN'T GOTTEN THAT, I WOULD RECOMMEND GETTING WITH STAFF AND F MAKE SURE YOU'RE ON THE LIST. UH, BECAUSE ONE THING I WANTED TO ADD ON THAT WAS, IS, UH, EVEN THOUGH I'VE BEEN DOING IT, I'M, I'M NOT GETTING ANY SORT OF DOCUMENTED CONFIRMATION, LIKE AFTER THE FACT TO LET ME KNOW THAT THEY GOT EVERYTHING BECAUSE YOU'RE SENDING IT OUT TO PROBABLY HUNDREDS OF PEOPLE. I'M, I'M SURE. SO TO MY UNDERSTANDING, THEY SEND IT TO ALL OF THE LIAISONS, SO I JUST HAVE TO SEND IT TO ALL OF YOU GUYS AND OKAY. BUT THERE'S NO CONFIRMATION ON MY SIDE EITHER. OCCASIONALLY THEY'LL TELL ME LIKE, OH, SO AND SO HASN'T DONE IT. SO THAT'S WHY. BUT I'M KEEPING TRACK ON MY OWN. SO I ALSO PRE PLEASE, AFTER YOU COMPLETE IT, EMAIL ME. I DID IT BECAUSE I'M COUPLE, I'M STILL MISSING. YEAH, THAT'S WHAT I WAS JUST GONNA ASK YOU BECAUSE THERE'S NO WAY OF KNOWING WHETHER IT HAS GOTTEN DONE OR NOT GOTTEN DONE ANYTHING FROM OUR PART. IS THERE ANY, ANY COMMISSIONERS THAT NEED TO GET IN TOUCH WITH YOU THAT YOU CAN, UH, POINT OUT? I, I WILL CHECK RIGHT NOW. OKAY. . YEAH. THAT YOU DON'T WANT TO GET THAT PAST YOU . THEY'RE QUICK. THEY'RE, THEY'RE PRETTY QUICK. YEAH, IT'S LIKE 15 MINUTES. UM, I THINK SAID, CAN YOU PLEASE CONFIRM, SINCE I'M NOT THERE AND I CAN'T SEE YOU GUYS, CAN YOU PLEASE CONFIRM WHO WE EMAIL, UH, ONCE WE'VE COMPLETED THE TRAINING? VICTORIA RODRIGUEZ. PERFECT. THANK YOU. I'VE BEEN EMAILING WITH YOU ALL DAY, I JUST DON'T KNOW WHAT YOU'RE PUTTING THE FACE TO THE NAMES IS A LITTLE CHALLENGING WHEN I'M NOT THERE, SO THANKS. RIGHT. ALL RIGHT. WE CAN, WE CAN GET THAT INFORMATION IF YOU CHECK IN WITH HER AT THE END OF THE MEETING. YEAH, AS OF MEETING LEAVE SO WE CAN MEETING, BUT WE CAN CLOSE OUT THE MEETING. ALL RIGHT, GREAT. SO IF THERE'S NOTHING ELSE, I HEREBY ADJOURN THE BO O A MEETING. IT IS 4 57. * 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.