* 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, IT'S ONE O'CLOCK. I'M GONNA CALL THIS, UH, MEETING THE BOARD OF ADJUSTMENTS TO ORDER. UH, STAFF, IF YOU COULD PLEASE TAKE A ROLL. CALL MS. LIND. HERE. MR. SCOTT. PRESENT. MR. MENCHACA? MR. VASQUEZ VASQUEZ. HERE . MS. CRUZ. MR. MANNA? PRESENT. MS. BRAGMAN? PRESENT. MS. KAPLAN? HERE. MR. ZUNIGA? HERE. MR. THIEL. PRESENT. MR. UNA PRESENT CHAIR ORIAN. AND I'M ALSO PRESENT. UH, WE HAVE A QUORUM OF 11. UH, IF THE SPANISH INTERPRETERS CAN COME OUT AND MAKE THEIR PRESENTATION, PLEASE. GOOD AFTERNOON. THANK YOU. AND IF EVERYONE COULD PLEASE STAND AND JOIN ME IN THE PLEDGE OF ALLEGIANCE. PLEDGE ALLEGIANCE TO THE FLAG IN THE UNITED STATES OF AMERICA. AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE. ALL HONOR THE TEXAS FLAG. MY LEDGE ALLEGIANCE TO BE TEXAS. ALRIGHT. ALRIGHT, THANK YOU. SO BEFORE WE PROCEED WITH TODAY'S CASES WE HAVE, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION. UH, THIS BOARD FOLLOWS AN AGENDA, WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS. UH, FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY DIRECTOR'S REPORT. LASTLY, AS CHAIR, I'LL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS. I ASK THAT THE BOARD MEMBER SUBMIT THESE ANNOUNCEMENTS TO ME AS THE CHAIR AND I WILL READ THEM AT THE APPROPRIATE TIME IN THE MEETING. UH, WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY CITY COUNCIL. THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT, AND WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATOR AND THE SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN, AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHOR AUTHORIZED VARIANCES FROM THE ZONING RE REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE AS AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FROM VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 5. IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY THE CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD. ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER. AFTER EVERYONE HAS HEARD THE CASE, IT WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. EVERY MEMBER WILL BE ASKED TO VOTE ON THE MOTION. IN ORDER FOR A MOTION TO CARRY. IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES. THE BURDEN OF PROOF IN GRANTING THE RELEASE SOUGHT RESTS WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS ON WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIALS. SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW BASED ON THE RECORD OF THESE PROCEEDINGS. APPEALS FROM THE BOARD'S. DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS OF YOUR CASE. THANK YOU STAFF. GOOD AFTERNOON. UH, BEFORE [Briefing and Possible Action on the following items ] WE GET STARTED, YOU MAKE SURE YOUR CELL PHONES ARE OFF OR ON. UH, SILENT STAFF WILL BEGIN EACH PRESENTATION WITH A SHORT PRESENTATION OF REQUESTS. PRIOR PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OF SPECIAL EXEMPTION AND PROPERTIES WITHIN 200 FEET OF THE SUBJECT PROPERTY. CHECK MARK INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION FOLLOWING THIS PRESENTATION. ANY OTHER BY THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST. FOR THOSE THAT HAVE SIGNED UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE OF SPECIAL EXEMPTION, YOU'LL BE CALLED ON AN ORDER THAT YOU ARE SIGNED UP TO SPEAK. THOSE IN SUPPORT OR OPPOSITION WILL BE ALLOWED A MAXIMUM THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION. FOR THOSE THAT WOULD LIKE TO GIVE UP THEIR TIME TO A SPEAKER, THE SPEAKER WILL BE ALLOWED A MAXIMUM [00:05:01] OF TWO PEOPLE GIVING UP THEIR TIME FOR A TOTAL OF NINE MINUTES. THOSE GIVING UP THEIR TIME MUST BE PRESENT AND SIGNED IN TO SPEAK. GROUP CONSISTENT, THREE OR MORE CITIZENS WILL BE ALLOTTED NINE MINUTES TO A TOTAL TO ADDRESS THE BOARD ON THE ITEM. THE APPLICANT WILL NOW BE GIVEN A TIME FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU, CHAIR. ALRIGHT, THANK YOU. UH, SO ACCORDING TO THE AGENDA, THE FIRST FOUR ITEMS ARE POSTPONED. SO WE'RE GONNA BEGIN WITH ITEM NUMBER FIVE. UH, THIS IS FOR AT 4 21 WEST NORTH LOOP ROAD. GOOD AFTERNOON, B O A 1 0 3 0 0 1 5 6. ADDRESS IS 4 21 NORTH LOOP ROAD COUNCIL DISTRICT NINE, APPLICANT BROWN AND ORTIZ. A REQUEST FOR A 16 FOOT SEVEN INCH AND A TWO FOOT EIGHT INCH VARIANCE FROM THE 30 FOOT MINIMUM REAR SETBACK. AND A 10 FOOT MINIMUM SIDE SETBACK TO ALLOW A GARAGE TO BE 13 FEET FIVE INCHES FROM THE REAR PROPERTY LINE AND SEVEN FEET FOUR INCHES FROM THE EASTERN SIDE. PROPERTY LINE. A REQUEST TO A REQUEST FOR A 10 FOOT VARIANCE FROM THE 15 FOOT TYPE B BUFFER YARD TO ALLOW THE NORTH AND EAST SIDE BUFFERS TO BE FIVE FOOT IN WIDTH ZONING. A C TWO APPLICANT IS CONSTRUCTING A GARAGE WITH THE FOUNDATION ENCROACHING THE 30 FOOT MINIMUM SETBACK. THERE ARE MULTIPLE PROPERTIES THAT HAVE EXISTING STRUCTURES AND GARAGES IN THE SURROUNDING AREAS. PREVIOUSLY, A VARIANCE FOR A REAR SETBACK FROM THE REAR PROPERTY LINE AND THE LANDSCAPE BUFFER WERE APPROVED. HOWEVER, THE VARIANCES WERE NOT EXERCISED WITHIN 12 MONTHS. SITE PLAN, THE SUBJECT PROPERTY, THE CONCRETE SLAB RECOMMENDATION, REAR SETBACK AND LANDSCAPE BUFFER VARIANCE. STAFF RECOMMENDS APPROVAL IN BO O A 2 2 1 0 3 0 0 1 5 6 BASED ON THE FOLLOWING FINDINGS OF FACT, THE COMMERCIAL PROPERTY ABUTS THE RESIDENTIAL LOT TO THE NORTH AND TO THE EAST. THE GARAGE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND THE LANDSCAPE BUFFER WAS PREVIOUSLY APPROVED. NOTIFICATION PLAN EIGHT NOTICES WERE MAILED OUT. ZERO IN FAVOR, ZERO IN OPPOSITION. AND THERE ARE NO REGISTERED NEIGHBORHOOD ASSOCIATIONS. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT SHOULD BE AVAILABLE. ALRIGHT, THANK YOU VERY MUCH. THE APPLICANT PLEASE COME UP AND BEGIN YOUR PRESENTATION. HI, UH, GOOD AFTERNOON, MR. CHAIR. UH, BOARD MEMBERS CAROLINE MCDONALD WITH BROWN ORTIZ. ONE 12 EAST PECAN, SUITE 1360 HERE ON BEHALF OF THE APPLICANT FOR THIS SETBACK AND BUFFER, UH, VARIANCE TO THE CODE. NEXT SLIDE. YOU CAN SEE HERE, UH, A LARGER, LARGE SCALE OF THE, UH, AERIAL OF THE PROPERTY ON WEST, UH, AVENUE AND WEST NORTH LOOP. WE ARE IN, UH, DISTRICT NINE NEAR WBA PARKWAY AND 2 81 AGAIN OFF OF WEST AVENUE. NEXT SLIDE. THIS IS THE SITE PLAN. UM, AS STAFF INDICATED WE WERE HERE IN 2020, UH, TO REQUEST A LANDSCAPE BUFFER, A VARIANCE TO THE LANDSCAPE BUFFER FOR PARKING SPACES ON THE NORTHEAST CORNER. UM, YOU CAN SEE ZOOMED IN ON THE TOP RIGHT HAND CORNER. THOSE PARKING SPACES ARE NOW PROPOSED TO BE CONVERTED INTO A GARAGE. WE, UM, SINCE THOSE GARAGE SPACES, SPACES DO NOT COUNT TOWARDS OUR OVERALL PARKING, WE HAVE ADDED TO PARKING SPACES. SO WE MEET THE PARKING REQUIREMENTS AND THE CODE. UM, THE OFFICE HAS BEEN BUILT. UH, IT'S A GATED ENTRY WITH A FENCE, UH, THE AND THE OWNER DESIRES AGAIN TO TURN TO THE PARKING SPACES INTO A GARAGE. NEXT SLIDE. HERE'S, UH, JUST VERY PRELIMINARY RENDERINGS OF WHAT, WHAT THE GARAGE WILL LOOK LIKE. UM, AND WE ARE CLEARLY WITHIN THE SETBACK AND THE BUFFER AREA. SO WE ARE REQUESTING, UH, TO BE WITHIN SEVEN FEET, FOUR INCHES AND 13 FEET, FIVE INCHES OF THE EAST AND NORTH SIDE OF THE PROPERTY, AND THEN WITHIN FIVE FEET OF EACH SIDE OF THE REQUIRED BUFFERS. SO HERE'S A ZOOMED IN, UH, OF THE AERIAL OF THE PROPERTY. UH, THIS REQUEST BEFORE YOU IS NOT CONTRARY TO THE PUBLIC INTEREST AND SPECIAL CONDITIONS DO EXIST. UH, THIS IS A VERY UNIQUELY SHAPED LOT THAT'S ON ON THE CORNER. A CITY OF SAN ANTONIO ACQUIRED PART OF THE PROPERTY BACK IN 2014. UH, THERE IS NOW A RIGHT OF WAY THAT GOES THROUGH OUR PROPERTY RIGHT OFF OF WEST AND WEST NORTH LOOP, UH, MAKING THE PROPERTY SMALLER. FURTHER, THE PROPERTIES TO THE NORTH AND TO THE EAST ARE COMMERCIAL USES, EVEN THOUGH THEY ARE RESIDENTIALLY ZONED. THERE IS A, A BARBECUE RESTAURANT [00:10:01] AND AN AC REPAIR BUSINESS, UH, RIGHT NEXT TO US. HERE'S THE ZONING MAP. UM, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED. UH, THESE SETBACK AND LANDSCAPE BUFFERS ARE INTENDED FOR COMMERCIAL, UH, PROPERTIES AND USES THAT ABUT, UH, RESIDENTIAL PROPERTY, UH, ZONED IN USES. AND LIKE I SAID, WE DO HAVE TWO COMMERCIAL USES TO OUR NORTH AND TO OUR EAST. UH, THE BUILDING IS ON THE WEST SIDE AND THE GARAGE WILL AGAIN BE ON THE NORTHEAST SIDE. UH, THIS PROPOSED GARAGE WILL NOT SUBSTANTIALLY HARM THOSE ADJACENT PROPERTY OWNERS OR INTERFERE WITH THE SPIRIT OF THE CODE. FURTHERMORE, WE, UH, MY FIRM REZONED THE PROPERTY BACK IN 2020 AND IT IS C TWO AND THERE IS AN OFFICE THERE ALREADY. THIS REQUEST WILL NOT ALTER THE CHARACTER OF THE DISTRICT. IT IS A, AS YOU CAN SEE BY THE ZONING MAP, IT IS A PRIMARILY COMMERCIAL AND INDUSTRIAL AREA. UM, AGAIN, WE, UH, ORIGINALLY INTENDED FOR THOSE THAT THOSE TWO SPACES TO BE PARKING. UM, THERE ARE UNIQUE CIRCUMSTANCES HERE BECAUSE OF THE LOT SHAPE AND THE RIGHT OF WAY ARE ACQUISITION FROM 2014. AND THEN HERE ARE ADDITIONAL PICTURES OF WHAT THE SITE LOOKS LIKE TODAY. FIRST ONE IS THE OFFICE BUILDING THAT WAS CONSTRUCTED AND THERE'S THE ENTRANCE. IT IS A GATED ENTRANCE TO THE OFFICE BUILDING. UM, THAT FIRST PICTURE ON MY LEFT IS WHERE, UH, THE DUMPSTER IS. IT IS HIDDEN BY THAT GATE. UM, AND THEN YOU HAVE AGAIN, A, ANOTHER PICTURE OF THE SIDE OF THE PROPERTY. THAT RV IS ACTUALLY OUR NEIGHBOR, UM, THE COMMERCIAL OR THE AC BUSINESS. SO WITH THAT, I DO RESPECTFULLY REQUEST YOUR APPROVAL OF OUR SETBACK AND BUFFER YARD VARIANCE TODAY. AND I'M AVAILABLE FOR ANY QUESTIONS YOU MAY HAVE. THANK YOU. ALRIGHT, THANK YOU VERY MUCH. UH, STAFF, HAS ANYONE SIGNED UP TO SPEAK PUBLIC COMMENT? THERE'S NO PUBLIC COMMENT. ALRIGHT. UH, IS THERE ANY QUESTIONS FOR THE APPLICANT? MANNA, MR. MANNA? SO THE QUESTION THAT I HAVE IS, DID YOU HAVE AN OPPORTUNITY TO TALK TO, UM, I GUESS BOTH OF THE COMMERCIAL BUSINESSES THERE, UH, THAT ARE BUDDING THE PROPERTY TO, YOU KNOW, JUST GET THEIR POSITION AND, AND YES, SIR. UM, WE DID ACTUALLY TALK TO BOTH, UH, THE BARBECUE AND THE AC CONTRACTOR AND THEY DID NOT HAVE ANY OPPOSITION, UM, TO THE REQUEST. I GUESS THEY JUST DIDN'T SEND IN THEIR, THEIR NOTICE. THANK YOU. MACHACA. COMMISSIONER MENCHACA A QUESTION FOR THE APPLICANT. I SAW THE, UH, HOUSE AT THE BACK OF THE FENCE. MM-HMM. , THERE'S A RESIDENCE. IS THERE ANY KIND OF NEW LIGHTING YOU'RE GONNA ADD THAT'S GONNA SHOWER THE BACK OF THAT YARD OF THE, OF THOSE PEOPLE? UH, SO, UH, ACTUALLY THAT IS A, A BARBECUE RESTAURANT. IT IS NOT A, A HOUSE. UM, BUT WE DO COMPLY WITH THE DOWNWARD FACING LIGHTING, UH, PURSUANT TO THE, THE ZONING ORDINANCES. THANK YOU. UM, BEFORE YOU GO, UM, JUST FOR THE RECORD, COMMISSIONER, UH, CRUZ IS HERE. SO COMMISSIONER ZUNIGA WILL BE OUR ALTERNATE AT THIS POINT. UH, SO I JUST WANTED TO ADD, I'VE, I'VE BEEN OFFICING IN THIS AREA FOR LIKE 20 YEARS. I'M EXTREMELY FAMILIAR WITH THAT SPECIFIC LOT. UM, THAT THERE HAS BEEN COMMERCIAL, THAT RESTAURANT, EVEN THOUGH EL BOSQUE HAS BEEN THERE SINCE THE SEVENTIES, UM, YOU KNOW, IT'S JUST BEEN SURROUNDED BY COMMERCIAL USE PROBABLY PRIOR TO ANNEXATION AS FAR AS I'M, MY KNOWLEDGE GOES. BUT DO YOU STILL HAVE THAT LARGE DRAINAGE EASEMENT THAT RUNS ALONG THE RIGHT OF WAY THAT THE CITY TOOK? I REMEMBER THERE BEING A PRETTY BIG SWAB OF DRAINAGE EASEMENT THERE, UH, ALONG THE FRONT. THAT WOULD BE A LIMITATION TO WHAT YOU COULD DO. I, I BELIEVE SO. I, I DO BELIEVE OUR ENGINEERS AND OUR ARCHITECTS HAVE, HAVE TAKEN THAT IN CONSIDERATION WITH THEIR DESIGN. ALRIGHT. THANK YOU. UH, ANY OTHER QUESTIONS? UNA COMMISSIONER ZUNA, UH, GIVEN THAT THE CONSTRUCTIONS HAVEN'T YET BEEN, UM, BUILT YET, I MEAN, CLEARLY THEY'LL COMPLY WITH ALL BUILDING PERMITTING PROCESS OF THE CITY OF SAN ANTONIO? YES, SIR. OKAY. THEY, THEY'RE DILIGENTLY WORKING WITH PERMITTING. AND THEN DO YOU INTEND TO USE THESE, THE EXISTING SLAB OR IS THAT NEW CONSTRUCTION? WILL THE SLAB BE TORN OUT TO USE? SO YES, IT WAS BUILT TO STRENGTH. UM, I THINK THEY FORESAW THE WANTING TO TURN IT INTO A GARAGE, BUT IT, IT WAS ORIGINALLY INTENDED FOR, FOR PARKING ONLY. THANK YOU. ALL RIGHT. IF THERE'S NOTHING ELSE, I'M LOOKING FOR A MOTION. BREGMAN. OH, I'M SORRY. COMMISSIONER BREGMAN? NO, UH UH OH, SHE'S MAKING THE MOTION. PLEASE PROCEED. . OKAY. REGARDING CASE NUMBER, CAN YOU HEAR ME OKAY. REGARDING CASE NUMBER BO A DASH 22 DASH 0 3 0 0 1 5 6. I MOVED THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE, A REQUEST FOR 16. SORRY, MS. BARKMAN, I CAN'T HEAR YOU GOING THROUGH THE MIC. IS THIS BETTER? IS THIS BETTER? A LITTLE BIT BETTER. I DON'T THINK THE VOLUME, ACTUALLY THE SENSITIVITY HAS BEEN ADJUSTED OVER THE LAST MONTH. MINE HAS BEEN TURNED UP FOR SOME REASON. 'CAUSE I'M JUST AS FAR AWAY AS YOU ARE, BUT OTHERS ARE NOT. SO AM I BE TURNED TALKING? WANT ME TO ADJUST? OKAY. [00:15:01] THANK YOU. DO YOU NEED ME TO START OVER? NO. OKAY. UM, 16 FOOT SEVEN INCH AND TWO FOOT EIGHT INCH VARIANCE FROM THE 30 FOOT MINIMUM ROOF SETBACK AND A 10 FOOT MINIMUM SIDE SETBACK TO ALLOW GARAGE TO BE 13 FEET FIVE INCHES FROM THE REAR PROPERTY LINE AND SEVEN FOOT FOUR INCHES FROM THE EASTERN SIDE. PROPERTY LINE TWO. A REQUEST FOR 10 FOOT VARIANCE FROM THE 15 FOOT TYPE B BUFFER YARD IS DESCRIBED IN SECTION 35 DASH 510 TO ALLOW THE NORTH AND EAST SIDE BUFFER YARDS TO BE FIVE FEET IN WIDTH, SITUATED AT 4 2 1 WEST NORTH LOOP ROAD. APPLICANT BEING BROWN ORTIZ PC BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS, THE UNIFIED DEVELOPMENT DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST BECAUSE THE APPLICANT HAS REQUESTED A VARIANCE TO MAINTAIN 13 FOOT FIVE INCHES FROM THE REAR PROPERTY LINE AND SEVEN FOOT FOUR INCHES FROM THE EASTERN SIDE PROPERTY LINE AND A LANDSCAPE BUFFER WITH THE FIVE FEET ON THE NORTH AND EASTERN SIDE YARDS, WHICH WOULD NOT BE CONTRARY TO THE PUBLIC INTEREST TOO DUE TO SPECIAL CONDITIONS. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP BECAUSE OF THE INABILITY TO CONSTRUCT A GARAGE BEING MOVED TO MAINTAIN A 30 FOOT REAR SETBACK AND WOULD REQUIRE LANDSCAPE BUFFER, WHICH WILL NOT ALLOW FOR A GARAGE. THIS WOULD RESULT IN AN UNNECESSARY HARDSHIP. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS A 13 FOOT FIVE INCH VARIANCE FROM THE REAR PROPERTY LINE AND A SEVEN FOOT FOUR INCH FROM THE EASTERN SIDE PROPERTY LINE AND LANDSCAPE BUFFER WITH FIVE FEET ON THE NORTH AND EASTERN SIDES. WE'LL OBSERVE THE SPIRIT OF THE ORDINANCE AND WILL NOT ADVERSELY AFFECT SURROUNDING PROPERTIES IN THE IMMEDIATE AREA. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED AS THE PROPERTY IS ZONED C TWO AND THE USE OF THE PROPERTY IS COMMERCIAL. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMITY PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED BECAUSE THE GARAGE WILL MAINTAIN A 13 FOOT FIVE INCH FROM THE REAR PROPERTY LINE AND SEVEN FOOT FOUR INCH FROM THE EASTERN SIDE PROPERTY LINE, AND ALLOW THE NORTH AND EAST SIDE BUFFER YARDS TO BE FIVE FEET IN WIDTH RESPECTIVELY. THIS WOULD NOT ALTER THE CHARACTER, THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL OR NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE PRO. IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE EXISTING STRUCTURE WILL BE REQUIRED TO MEET THE SIDE AND REAR SETBACK REQUIREMENTS. END OF MOTION. SECOND. WE HAVE A SECOND BY COMMISSIONER MANNA. COMMISSIONER BRAGMAN? UH, YES. I'LL BE IN SUPPORT OF THE MOTION AS READ. UM, BECAUSE THE TWO ADJACENT PROPERTIES ARE ESSENTIALLY, UH, COMMERCIAL EVEN THOUGH THEY'RE ZONE RESIDENTIAL AND, AND THEY'VE BEEN THERE FOR A LONG, LONG TIME. I KNOW THAT AS WELL. UM, THAT I DON'T HAVE ANY OPPOSITION, UH, TO THIS. THANK YOU COMMISSIONER MANNA. I CONCUR WITH MY COLLEAGUE. ANY OTHER COMMISSIONERS LIKE TO ADD HEARING NONE? STAFF, LETS HAVE A ROLL CALL VOTE. UM, PLEASE, MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. LYNN. I CONCUR. MR. ALBERT. I CONCUR. MR. MANCHACA. I CON I CONCUR. MS. CRUZ. I CONCUR. MS. KAPLAN I CONCUR. MR. ZUNIGA. I CONCUR WITH THE FINDINGS OF FACT. MR. THIEL? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. ZUNA? YES, I CONCUR. CHAIR ORIAN. I ALSO INCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY 11 TO ZERO. UM, WE'RE GONNA, UH, ITEM NUMBER SIX, COMMISSIONER LIN WILL BE RECUSING. COMMISSIONER ZUNIGA WILL BE, UM, OH, CHAIR. HOLD ON A MOMENT. MR. VASQUEZ IS WONDERING WHY HE WASN'T CALLED, BUT I THOUGHT MR. ZUNIGA WAS THE ALTERNATE NOW SINCE I'M IN, BUT THAT'S CORRECT. SO HE WON'T GET CALLED BECAUSE WE ONLY NEED 11 VOTES. MM-HMM. . UH, SO WHO, WHO'S THE EXTRA ALTERNATE THEN? MR. VASQUEZ. OKAY. SO THEN COMM, SO WHEN LYNN COMES BACK, COMMISSIONER VASQUEZ VAS UH, VASQUEZ WILL SIT, SIT OUT. NO. RIGHT. SO HE'LL BE A VOTING MEMBER OF THIS DISCUSSION. AND THEN IF YOU WOULD LIKE HIM TO SIT OUT, HE CAN OR HE CAN STAY THERE. NO, I, I I I DIDN'T KNOW IF IT WAS ZUNIGA OR VASQUEZ. WHO WAS THE ALTERNATE? THAT WAS, UH, THE 12TH. THE 12TH IS YOU CALLED MR. ZUNIGA AS THE 11TH AND SO THAT WOULD MAKE MR. VASQUEZ THE 12TH. ALRIGHT, [00:20:01] THANK YOU. ITEM SIX, BO O A 2 2 1 0 3 0 0 1 5 7. ADDRESS BEING 2 0 4 WIX STREET. COUNSEL DISTRICT IS ONE APPLICANT BEING JAMES RAMIREZ. A REQUEST FOR A FOUR FOOT VARIANCE TO THE RE REQUIRED FIVE FOOT SIDE SETBACK FOR A SWIMMING POOL TO HAVE A ONE FOOT SIDE SETBACK. TWO. A REQUEST FOR A FOUR FOOT VARIANCE TO THE REQUIRED FIVE FOOT REAR SETBACK REQUIREMENT FOR AN ACCESSORY STRUCTURE TO HAVE A ONE FOOT REAR SETBACK. THE CURRENT ZONING IS RMM FOUR. CASE SUMMARY BEING THE SUBJECT IS, THE SUBJECT PROPERTY IS LOCATED ALONG WIX STREET, NEAR SOUTH ALAMO STREET AND IS CURRENTLY A DUPLEX. THE APPLICANT IS PROPOSING TO CONSTRUCT AN IN-GROUND SWIMMING POOL THAT EN ROACHES UPON THE SIDE SETBACK UPON SITE VISIT. STAFF ALSO OBSERVED A SWIMMING POOL PUMP LOCATED IN THE REAR SETBACK. SWIMMING POOLS AND ACCESSORY STRUCTURES ARE REQUIRED TO BE FIVE FEET FROM THE SIDE AND REAR PROPERTY LINES. THE OFFICE OF HISTORIC PRESERVATION ISSUED A CERTIFICATE OF APPROPRIATENESS FOR APPROVAL. HERE'S THE SITE PLAN, THE SUBJECT PROPERTY LOCATION OF WHERE THE PROPOSED SWIMMING POOL AND ACCESSORY STRUCTURE WILL BE. A ANOTHER PICTURE OF WHERE THE POOL AND THE ACCESSORY STRUCTURE WILL BE AND THE SIDE SETBACK MEASUREMENT. AND LASTLY, THE SURROUNDING AREA. RECOMMENDATION SIDE AND REAR VARIANCE STAFF RECOMMENDS APPROVAL AND BO O A 2 2 1 0 3 0 0 1 5 7 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE APPLICANT IS REQUESTING A VARIANCE FOR A SWIMMING POOL PRIOR TO OBTAINING A BUILDING PERMIT. TWO, THE ACCESSORY STRUCTURES IN THE REAR YARD. AND THREE, THERE IS A LIMITED AMOUNT OF SPACE AVAILABLE TO COMPLY WITH THE SIDE AND REAR SETBACK REQUIREMENTS. THIS IS THE NOTIFICATION PLAN. UH, STAFF HAD MAILED OUT 32 NOTICES, ONE IN FAVOR, THREE IN OPPOSITION, AND WE HAD NO RESPONSE FROM THE KING WILLIAMS NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF PRESENTATION AND THE APPLICANT IS HERE. UH, BEFORE YOU GO, I, I WAS UNDER THE IMPRESSION THE U G C HAD A SPECIFIC SITE, UH, SETBACK REQUIREMENT FOR SWIMMING POOLS, UH, THAT WAS SEPARATE THAN THE ACCESSORY USE. UH, IS THERE, AM I MISSING SOMETHING? NO, YOU'RE RIGHT. THERE IS A, UH, SEPARATE PARAGRAPH SPECIFICALLY FOR SWIMMING POOLS. AND, AND WHAT DOES THAT REQUIREMENT STATE? FIVE FEET IN THE SIDE AND REAR FIVE FEET. SO WE DON'T, I THOUGHT HE HAD MENTIONED THAT THERE WAS A PROBLEM WITH THE REAR. IS THAT NOT A PROBLEM? THERE'S, IT'S FOR THE ACCESSORY, UH, STRUCTURE, THE SWIMMING POOL PUMP. OH, OKAY. I APOLOGIZE. I DIDN'T SEE THE EQUIPMENT IN THE BACK. ALRIGHT, THANK YOU MANNA COMMISSIONER MANNA. UM, THIS QUESTION FOR STAFF. SO ON THE PRESENTATION THAT I HAVE HERE, IT DOES SHOW THAT THE KING WILLIAM NEIGHBORHOOD ASSOCIATION IS IN FAVOR OF THE REQUEST AND THE PRESENTATION YOU PROVIDED, UH, TO US JUST NOW SAYS THEY WERE NOT. SO THAT MIGHT BE A TYPO ON, ON OUR END. WHICH ONE? WHICH, WHICH ONES? UH, THEY'RE NOT, THEY'RE NOT IN FAVOR OR THEY DID NOT PUT PUT IN INPUT. CORRECT. OKAY. CAN YOU CLARIFY? THEY DID NOT PROVIDE ANY COMMENT ONE WAY OR RESPONSE? UM, NOT TO THE REQUEST. UM, BUT THAT, THAT'S IT. OKAY. NOW I'M CONFUSED. SO, SO I, I THINK YOU'RE TALKING ABOUT THE, UH, THEY WERE IN FAVOR OF THE, THE HISTORIC CASE, RIGHT? UH, CORRECT. YES. JUST HE DIDN'T REPLY TO THE VARIANCE CASE, BUT THE H D R C, THE H R C REQUEST INCLUDED WHERE THEY WANTED THE POOL AND SETBACKS AND ALL THAT GOOD STUFF. CORRECT. UM, OKAY. IF, IF THEY'RE NOT SPECIFICALLY RE UM, STATING THAT THEY ARE GOOD WITH THE VARIANCE REQUESTS, WE DON'T INCLUDE 'EM ON THERE. OKAY. WELL THAT, SO, SO JUST TO CLARIFY, SO, SO IN THE PRESENTATION THAT WE HAVE ON OUR CONSOLES HERE, IT DOES SHOW KING WILLIAMS WAS IN FAVOR, BUT THAT'S A TYPO. IS THAT WHAT YOU'RE STATING? CORRECT, YES, SIR. OKAY, THANK YOU. UH, KAPLAN QUESTION. SO IT LOOKS TO ME LIKE THE PROPERTY NEXT DOOR ALSO IS VERY CLOSE TO THE PROPERTY LINE. AM I, AM I RIGHT THAT THE, THERE'S ALSO A PROBLEM WITH A, UH, PROPERTY THAT'S GONNA BE ADJACENT TO THE POOL, ABUTTING THIS POOL, BASICALLY, YOU'RE GONNA HAVE HOUSE, POOL, WHATEVER THAT IS, GARAGE WHATEVER STRUCTURE. YES, MA'AM. SO LET ME ASK YOU THIS. WHEN THEY'RE DOING, IT'S GONNA BE AN IN-GROUND POOL, RIGHT? YES, MA'AM. SO WHEN THEY'RE DOING ALL THIS, UH, DIGGING UP, IS THAT NOT GOING TO BE A PROBLEM IN TERMS OF STRUCTURAL, UM, AFFECTING MAYBE THE STRUCTURES OF THE ADJACENT PROPERTIES, WHICH ARE SO CLOSE? ARE YOU, ARE YOU SAYING THE THE SWIMMING POOL WILL AFFECT THE STRUCTURE BESIDE IT? IS THAT WHAT THE QUESTION IS? [00:25:01] WHAT'D YOU SAY IS THE QUESTION, WILL THE SWIMMING POOL AFFECT THE STRUCTURE THAT IS CLOSE TO THE PROPERTY LINE TO THE ADJACENT LOT? BOTH OF THEM. I MEAN, IS IT EVEN, WELL, LET, LET'S, LET'S LOOK AT IT THIS WAY. DO YOU HAVE ANY OF THE DIMENSIONS FROM THE HOME NEXT DOOR, HOW FAR THAT IS AWAY FROM THE SIDE PROPERTY LINE, AND THEN HOW WIDE THEIR PROPERTY IS FROM THEIR HOME TO THE PROPERTY LINE? IS THAT ANY OF THAT INFORMATION? WE, WE DON'T HAVE THAT INFORMATION NOW IF IT'S, IF A SWIMMING POOL AND ABOVE BELOW GROUND SWIMMING POOL'S GONNA AFFECT THE PROPERTIES, THAT'S SOMETHING THAT WOULD BE CAUGHT IN PERMITTING. I DON'T KNOW IF THERE'S SPECIFIC RULES THAT A SWIMMING POOL CAN'T BE THIS CLOSE TO ADJACENT PROPERTIES. THAT HAS NOTHING TO DO WITH THE VARIANCE. UM, I DON'T KNOW IF THERE'S SPECIFIC RULES TO THAT AS FAR AS PERMITTING. OKAY. WELL, MR. CHAIR, IN ADDITION TO THAT WOULD BE EASEMENTS AS WELL, ANY UTILITY OR ANY OTHER EASEMENTS? SO IT MIGHT BE IN THE SITE SETBACK REQUIREMENT? WELL, WE'RE GONNA HAVE TO SEE IF THE APPLICANT CAN PROVIDE ANY ADDITIONAL INFORMATION AND THEN WE'LL, WE'LL POSE SOME QUESTIONS, I THINK WOULD BE THE BEST, UH, WAY TO MOVE FORWARD. SO LET'S ANOTHER, ANOTHER QUESTION. WHAT YOU SAID THERE'S GONNA BE AN ACCESSORY STRUCTURE. WHERE'S THIS ACCESSORY STRUCTURE? BACK REAR CORNER'S? THE PUMP? IT'S, IT'S, IT'S VERY SMALL, BUT THERE'S SOME PUMP EQUIPMENT. IT'S JUST THE PUMP, THE POOL PUMP, THAT'S, YEAH, THE, THE POOL REAR IS FINE. IT'S WITHIN FIVE, BUT THE PUMP IS NOT, CAN'T BE THERE. SO LET'S HEAR FROM THE APPLICANT IF THE APPLICANT'S PRESENT. HELLO, IF YOU COULD PLEASE STATE YOUR NAME AND BEGIN YOUR PRESENTATION. GOOD AFTERNOON. MY NAME IS JAMES RAMIREZ. UM, BASICALLY WHAT I HAVE HERE IS, BACK IN 2017, UH, 1 4 3 SEATER, WE HAD A SIMILAR REQUEST, UH, FOR A POOL AGAINST A LINE ASKING FOR A FOUR FOOT VARIANCE. I DON'T KNOW IF HOW YOU WANNA BRING THAT UP TO, TO TAKE A LOOK AT. UM, AND IF YOU WANNA KNOW THE, THAT FENCE LINE TO THE ADJACENT PROPERTY OR THE PROPERTY RIGHT NEXT DOOR, IT'S A GOOD THREE TO FOUR FEET. OKAY. UM, SO PLEASE CONTINUE. EXCUSE ME. UH, PLEASE CONTINUE. OH, UM, WHAT WAS THE OTHER QUESTION YOU HAD? UH, WELL WE, OH, THERE ANY EASEMENT UTILITY LINES? I ALREADY CALLED 3 1 1 AND THERE'S THE UTILITY LINES TO, TO MARK THEM. IT, THERE WASN'T ANYTHING. THERE WASN'T ANYTHING BACK THEN. SO YOU DON'T HAVE ANY, UH, GAS OR ELECTRIC METERS ON THE SIDE OF THE HOME IN THAT VICINITY, BECAUSE USUALLY THEY WOULD MARK THAT WITH AN ORANGE LINE COMING THROUGH. WELL BE ON A PLA OR THERE WOULD BE SOME KIND OF EASEMENT THIS CORNER LOT TOO. YEAH, IT'S THE, THE PLATS FOR THESE ARE THEY, THEY USUALLY DON'T CONTAIN DIESEL 'CAUSE THEY'RE SO OLD. I SEE. UH, BUT, UH, AND IF THERE WOULD BE, THERE WOULD BE ONE, UH, C P O ONE PROBABLY ALONG THE FRONT WHERE THERE MAY BE ELECTRIC SERVICE. BUT, UH, IS YOUR ELECTRIC COMING FROM THE FRONT OR THE REAR? IT'S IN THE, IT'S IN THE FRONT. IT'S IN THE FRONT. OKAY. FRONT. RIGHT. AND IS IS YOUR HOME, IS THIS HOME PIER AND BEAM? OR IS IT PIER AND BEAM? IT IS. AND SO IS THE NEIGHBOR'S, I ASSUME, I DUNNO IF YOU CAN TELL THAT I CAN HEAR THAT. IS THE NEIGHBOR'S HOME ALSO PIER AND BEAM? YES. UM, WELL, BEFORE THEY REMODELED IT, YES. IT WAS PIER AND BEAM AND THEN THEY REMODELED THAT. OKAY. THE REASON I WAS ASKING THAT IS THAT, UM, WHEN, WHEN YOU HAVE, UH, YOUR FOUNDATION WILL HAVE A, A PLUME OF INFLUENCE THAT COMES OUT FROM THE STRUCTURAL MEMBER AND IF IT GETS TOO CLOSE TO THE POOL, THERE COULD BE ISSUES. SO I JUST, I WAS JUST CURIOUS IF IT WAS STANDARD OR, OR APPEAR AND BE. SO WITH THAT, IS THERE ANY COMMISSIONER QUESTIONS? MINKA COMMISSIONER MINKA? UH, I JUST HAVE A SMALL ONE. UH, SINCE WE HAVE SOME VERY HEAVY RAINS, IF THIS POOL IS AT THE GROUND LEVEL AND IT FILLS UP AND IT RUNS OVER INTO THE NEIGHBOR'S GARAGE OR AREA, WHAT IS A SLOPE TO STAFF? THERE APPEARS TO BE A SLOPE, LIKE FROM THE FENCE TOWARD THE HOUSE. IT'S ACCORDING TO THE PICTURE, WHAT I'M SEEING HERE. SO THIS POOL'S GONNA BE RAISED A LITTLE BIT ABOUT A COUPLE OF INCHES SINCE THE GROUND LEVEL IT OVERFLOWS. YEAH, I THINK THE, THE PROPERTY OWNER CAN PROBABLY TELL YOU BETTER. UM, I DON'T THINK WE OBSERVED ANY. JOSEPH, DID WE OBSERVE ANY SLOPE ON THERE? NO. SO THE PROPERTY OWNER, DO YOU HAVE ANY SLOPE IN YOUR, UM, I'M ASSUMING WHEN I WAS SPEAKING WITH ONE OF THE DESIGN COMPANIES WITH THE POOL, THAT THEY WERE GONNA INTEGRATE THAT AND HAVE THAT SLOPE, UM, DESIGNED WITHIN THE POOL? IS THAT WHAT YOU'RE ASKING? I CAN'T HEAR YOU. SO WHEN SPEAKING WITH A PERSON THAT CAME OUT TO GIMME A QUOTE FOR THE POOL, UH, HE DID INDICATE THAT HE WILL GRADE IT SO THERE WILL BE A SLOPE. SO THAT ISSUE WOULDN'T NOT WHAT IS YOUR PROPERTY CURRENTLY SLOPE? IS IT SLOPE FRONT TO BACK, LEFT OR RIGHT? UH, I THINK IT'S SLOPE. UM, IT'S HIGHER IN THE BACK. OKAY. SO SLOPES TOWARDS, UH, THE STREET? YES. OKAY. OKAY. THERE YOU GO. ALL RIGHT. ALL RIGHT. ANY OTHER COMMISSIONER QUESTIONS? MANA, MANA. SO, UM, COUPLE OF QUESTIONS HERE. SO ONE IS, WHAT, WHAT'S THE SIZE OF THE ACCESSORY STRUCTURE PUMP? SO IS IT ON A PAD, UH, PER SE THAT IS, YOU KNOW, THAT'S ALREADY THERE? OR IS IT THAT YOU'RE LOOKING TO PUT SOMETHING BIGGER OR THAT, SO DOES IT ALREADY EXIST? 'CAUSE IT KIND OF SAID IT ALREADY EXISTED, SO, UM, NO, IT DOESN'T ALREADY EXIST. UH, I'M NOT FOR SURE. I'M NOT FOR CERTAIN WHAT THE PROTOCOL IS IN, IN RESPECTS TO NEEDING A PAD. BUT IF THAT'S WHAT NEEDS TO HAPPEN, I'M, I'M SURE WE'RE GONNA ABIDE BY THE REGULATIONS [00:30:02] THAT I GUESS I'D LIKE TO HEAR, YOU KNOW, THE SIZE OF THE PAD THAT YOU'RE REQUESTING HERE. 'CAUSE I, 'CAUSE JUST GIVEN A CARTE BLANC, UM, UM, APPROVAL OF AN ACCESSORY STRUCTURE ON THE BACK, IT SEEMS, UM, YOU KNOW, WHEN YOU DON'T NEED IT, YOU KNOW, THAT I'D LIKE TO, YOU KNOW, SO, UM, TO, TO, TO CLARIFY, I'M NOT REQUESTING A PAD. I'M JUST REQUESTING THE PUMP TO BE THERE. SO, SO THE, THE ACCESSORY STRUCTURE, SO IS WHAT IS A, A POOL PUMP. POOL PUMP. OKAY. SO, SO WHAT IS THE SIZE SPACE THAT YOU NEED FOR THE POOL PUMP? I GUESS SO IT'S JUST TRYING TO IDENTIFY, YOU KNOW, WHAT'S, WHAT IS THAT YOU NEED ACTUALLY FROM A ACCESSORY STRUCTURE SIZE? 'CAUSE THAT'S WHAT WE'RE APPROVING HERE, UH, OR ATTEMPTING TO IMPROVE IS THE SIZE OF AN ACCESSORY STRUCTURE. OKAY. AND SO, SO I'D LIKE TO GET A, A, YOU KNOW, SIZE THAT YOU THINK YOU WOULD NEED, YOU KNOW, TO SUPPORT YOUR POOL PUMP. OKAY. SO WHEN I'VE HAD A POOL PREVIOUSLY FOR A BIGGER POOL, UM, I THINK THE, THE PUMP WAS BASIC, MAYBE FOUR BY FIVE, THREE BY FIVE FEET. SO I'M ASSUMING SINCE THIS POOL IS GONNA BE SMALLER, IT'S GONNA BE, UM, NOT AS, NOT TO THAT SIZE. SO I'M, I'M GONNA ASSUMING IT'S GONNA BE SMALLER THAN THAT. SO IF YOU'RE ASKING WHAT SIZE I AM REQUESTING SHOULD BE, YOU KNOW, FOUR BY FIVE. I THINK THE ISSUE IS, IS THAT YOU HAVE FIVE FEET FROM THE POOL TO THE REAR, AND A LOT OF THAT PUMP EQUIPMENT IS GONNA BE THREE TO FOUR FEET, LET'S SAY IN SIZE. SO THAT MEANS IT'S GOING TO BE EITHER A FOOT AWAY FROM THE REAR FENCE OR A FOOT AWAY FROM THE POOL OR SOME, UH, PERCENTAGE THEREOF. SO THAT'S, THAT, THAT'S REALLY, I THINK IS ON THE PICTURE THAT WE'RE GIVEN. IT'S, IT'S IMPLIED THAT THE POOL PUMP IS VERY, VERY SMALL. UH, THAT'S, THAT'S WHERE WE'RE GOING WITH THAT. OH, OKAY. I SEE WHAT YOU'RE SAYING. UM, SO LIKE A TWO FOOT BY FOUR FOOT SPACE IN THE BACK IS KIND OF WHAT? YES, I WOULD SAY, OR TWO BY THREE. TWO BY THREE. OKAY. UH, SECOND QUESTION IS THAT, UM, THE NEIGHBOR NEXT DOOR, UM, WAS IN OPPOSITION. UH, DID YOU HAVE AN OPPORTUNITY TO TALK WITH THAT NEIGHBOR TO FIND OUT WHICH NEIGHBOR? I, UM, ACTUALLY THERE'S TWO NEIGHBORS BEHIND ME OR TO THE LEFT. THE, THE ONE I GUESS ADJACENT TO THE POOL ITSELF. SO, SO THEY WOULD HAVE A CONCERN? I DID, I DID MENTION IT TO HIM. UM, AND HE, HE DID NOT TELL ME ANYTHING, UH, IF WHY HE WAS IN OPPOSITION OR ANYTHING LIKE THAT. OKAY. COMMISSIONER ALBERT, IN LOOKING AT YOUR SITE PLAN, SIR, IF I'M LOOKING AT IT CORRECTLY, IT APPEARS THAT YOU HAVE ROOM TO MOVE THE POOL TOWARDS YOUR HOUSE AND ACTUALLY BE WITHIN THE SIDE SETBACK, OR AM I NOT SEEING IT RIGHT? UM, NO. IF I WERE TO MOVE IT WITHIN THE FIVE FEET, THEN I WOULD BE TOO CLOSE TO THE, THE, THE PORTION OF THE HOUSE THAT PROTRUDES OUT. UM, WE DID, I MEAN, WHEN WE DID LOOK AT IT, THIS WAS THE OPTIMAL PLAN TO PUT THE PULL IN. I WISH THAT WAS THE CASE. IS THERE ANY ROOM TO MOVE THE POOL CLOSER TO YOUR HOUSE? I COULD PROBABLY MOVE IT MAYBE ONE FOOT IN MORE. UM, BUT THEN THAT WOULD ONLY LEAVE ME ABOUT TWO, TWO FEET TO KINDA WALK THROUGH THE BACK. MAYBE THREE FEET. YEAH. COMMISSIONER MAN, SHAKA AND THEN COMMISSIONER ZIKA. UH, HAVE A QUESTION, SIR. UM, IN REFERENCE TO WHAT COMMISSIONER MANNON WAS ASKING ABOUT THE NEXT DOOR NEIGHBOR, IS THAT FENCE YOURS? THE WRT IRON FENCE? YES. I SEE. SO YOU CAN COVER IT UP AND YES. SO PRIVACY, WHATEVER, IT WON'T BE AN ISSUE WITH YOUR NEIGHBOR. THAT'S CORRECT. THANK YOU, SIR. ALRIGHT. COMMISSIONER INGA? YES. MY CONCERN HERE IS THE PUMP. THE SPACE IS AS IT IS GOING TO BE IN THE BACK, YOU SEE? OKAY. BUT I DON'T KNOW WHAT TYPE OF PUMP YOU'RE GOING TO USE. YOU KNOW, EVEN THE ONE THAT DOESN'T MAKE THAT MUCH NOISE, IT'S A BOTHERSOME. AND I'VE LIVED WAS TWO SWIM POOLS, ONE ON EACH SIDE OF MY HOUSE. AND AT FIRST WE COULDN'T EVEN SLEEP. WE HAD TO GET, WELL, THAT'S THE PERSON WE HAD TO GET, UH, OUR WINDOWS IN THE LIGHTS. BUT THE THING IS THIS THAT, YOU KNOW, I MEAN, BEING SO NEAR TO THE NEIGHBOR'S HOUSE IS GONNA RATTLE THEM FOR SURE. AND THAT'S MY CONCERN, YOU KNOW, ON THAT PUMP, YOU KNOW, IT'S UP TO YOU. BUT, BUT THIS, I KNOW I'VE LIVED THROUGH IT. MY KIDS HAVE LIVED THROUGH IT, SO, YOU KNOW, WHAT ARE YOU GOING TO DO ABOUT THAT? WELL, THEY HAVE A TWO STORY HOUSE AND THEY HAVE TWO CENTRAL AIR UNITS THAT THEY'RE ON QUITE IN THE SUMMER OFTEN, AND THEY'RE VERY LOUD. SO WHEN, WHEN I'M BACK THERE BARBECUING, I CAN HEAR IT. SO I'M, I'M, I'M NOT A I'M NOT THINKING THE PUMP PUMP'S GONNA BE THAT MUCH LOUDER THAN THAT. OH, A PUMP IS 24 HOURS A DAY. [00:35:01] IT'S NOT 24 7. NO, NO, NO. I WOULDN'T, YOU KNOW, I DON'T, I DON'T KNOW IF IT'S 24 4 HOURS, 365. IT'S, THEY USUALLY NOT 365 DAYS. ANY OTHER COMMISSIONER QUESTIONS? OKAY, HEARING NONE. UM, IS THERE ANYTHING YOU'D LIKE TO SAY IN CLOSING BEFORE WE, WE, WE DO HAVE SOME PUBLIC COMMENTS. APOLOGIZE, UH, LET'S GO THROUGH PUBLIC COMMENTS. SO, ALRIGHT. UM, LET'S START WITH THE TWO VOICEMAILS. GREETINGS. THIS IS JOSE IN GUADALUPE AL. WE ARE THE, UH, TENANTS FROM ADDRESS 2 0 2 WICK STREET, SAN ANTONIO, TEXAS SEVEN EIGHT TWO ONE ZERO. OUR PHONE NUMBER IS (210) 367-0602. THIS CALL IS IN REFERENCE TO OUR OPPOSITION OF THE BOARD OF ADJUSTMENTS PUBLIC HEARING REGARDING CASE NUMBER B OH 8 2 2 1 0 3 0 1 5 7. BECAUSE WE ARE CONCERNED WITH THE SAFETY OF OUR FAMILY AND THE POTENTIAL SERIOUS DAMAGE TO OUR HOME, WE ARE CONCERNED WITH THE NEAR PROXIMITY OF THE SWIMMING POOL TO OUR HOME. THE FENCE OF OUR HOME IS A METAL MATERIAL. WE ARE CONCERNED ABOUT IT. WHEN IT IS TIME TO REPAINT IT, IT WILL BE DIFFICULT TO DO SO WITH A SWIMMING POOL ONE FOOT AWAY FROM IT. CONSTANT WATER SPLASHING TO PANEL OF A HOME CAN DEGRADE ROCK AND DEVELOP MOLD WHEN REPEATEDLY SATURATED, INCLUDING THE CORNER WHERE THE TWO SIDING PANELS MEET AND INNER STRUCTURE, PLYWOOD SHEETING THAT LIES BENEATH AND TIMBER PILES FOUNDATION, WATER SPILLAGE OVER THE BANK AND LEAKS THROUGH THE CONCRETE CRACKS OF THE SWIMMING POOL CAN PRODUCE SOIL EROSION, CREATE GAPS IN LOWER LAYERS, LAYERS OF THE GROUND RISK, A SUBSTANCE CAUSING CATASTROPHIC DAMAGE TO THE FOUNDATION OF OUR HOME. IN THE EVENT OF A GROUND COLLAPSE, WHILE OUR FAMILY IS IN THE HOUSE CAN CAUSE BATTERY INJURIES, WE REQUEST THE BOARD OF ADJUSTMENTS TO NOT APPROVE THE BUILDING OF A SWIMMING POOL INSIDE THE SETBACK. THANK YOU. THIS IS JANET POTTER. I LIVE AT 1 39 WIX STREET. UH, ZIP CODE SEVEN EIGHT TWO TEN. PHONE NUMBER IS OBVIOUSLY IS (361) 205-1829. AND I AM MAKING A RECORDING TO ADDRESS THE, UH, NUMBER SIX ITEM ON THE, UH, BOARD OF ADJUSTMENTS. AGENDA NUMBER 0 1 5 7 ARE THE LAST FOUR DIGITS FOR THE AGENDA FOR, UM, MONDAY THE 24TH. UH, IT'S A VARIANCE REQUESTING, UH, A POLL. UH, WE ARE OPPOSED, UH, TO THE, UH, TO PRO TO ALLOWING THE, UH, SETBACK ON THE SIDE, UH, SETBACK VARIANCE TO, UH, ALLOW THAT TO BE REDUCED TO ONE STATE. UH, AND THIS IS OUR REASON. UH, WE ARE OWN A A HUNDRED YEAR OLD POSTON BEAM FOUNDATION JUST ACROSS THE STREET DIAGONALLY FROM THE PROPERTY IN QUESTION TO A FOUR WICK. UH, AND OUR PROPERTY, LIKE MANY IN THIS AREA, WAS BUILT JUST THREE FEET FROM THE PROPERTY LINE IN ONE AREA TO ON THE SOUTH SIDE OF OUR PROPERTY. THE NEIGHBORING HOUSE IS LESS THAN ONE FOOT FROM OUR PROPERTY LINE, BUT EITHER OF OUR NEIGHBORS OR OURSELVES COULD MAKE A SIMILAR APPLICATION TO THE BOARD OF ADJUSTMENT IN THE FUTURE. AND THIS IS WHY WE'RE ASKING THE BOARD TO DENY THE REQUEST FOR THE SIDE SETBACK VARIANCE, ESPECIALLY FOR A SWIMMING POOL. UH, I THINK THAT ONE OF THE PRIMARY PURPOSES OF SETBACKS IS TO ALLOW SUFFICIENT SPACE SO THAT YOU CAN MAINTAIN, UH, AND PROTECT YOUR FOUNDATION OF YOUR PROPERTY. UM, AND THAT PROTECTS ALL OF US AND IMPROVES THE PROPERTY VALUES THROUGHOUT THE AREA AND FOR THE CITY, UH, REDUCING THE SETBACK TO ONE FIT, ONE FOOT AS REQUESTED ON THE SIDE. AND THIS CASE MAKES MAINTENANCE ESSENTIALLY IMPOSSIBLE. UH, WE, UH, HAVE PREVIOUSLY OWNED TWO PROPERTIES WITH SWIMMING POOLS. AND I CAN TELL YOU WHEN A POOL IS, UH, UH, INSTALLED, UH, IT IS NOT A QUESTION OF IT WILL LEAK WHEN IT, IF IT WILL LEAK, BUT WHEN IT WILL LEAK, UH, AND LEAKING AND SPLASHING. WATER DAMAGE IS THE FOUNDATION OF WALLS OF, OF CLOSE SET NEIGHBORING HOUSES, IF THEY'RE CLOSE TO THE PROPERTY LINE, AS MANY ARE HERE. UH, I BELIEVE THAT SIDE PROPERTY SETBACKS [00:40:01] ARE ONLY FIVE FEET, BUT THAT'S SUFFICIENT SO THAT I CAN MAINTAIN, UH, MY HOME AND GET IN AND PAINT IT AND TAKE CARE OF IT AND PROTECT IT FROM, UH, WATER DAMAGE. UH, FROM A SWIMMING POOL, UH, THIS IS, UH, OBVIOUSLY THE MINIMUM STANDARD AND WE BELIEVE IT SHOULD NOT BE SET ASIDE, UH, ESPECIALLY FOR A POOL. UM, IF THE BOARD ALLOWS OR, UH, APPROVES THIS REQUEST AT 2 0 4 WIX, IT SETS A PRECEDENT THAT MAKES IT VERY DIFFICULT FOR ANYONE ELSE IN THIS AREA TO CONTEST A SIMILAR APPLICATION FOR A POLL, UH, WE URGE THE BOARD OF ADJUSTMENT TO DENY THE VARIANCE FOR THE SIDE SETBACK TO ONE FOOT AT 2 0 4 WIX STREETS. THANK YOU FOR YOUR CONSIDERATIONS. THIS IS WALTER AND JANICE POTTER. ARE THERE ANY CITIZENS SIGN UP TO SPEAK? YES, THERE'S, UH, MR. HOGG. YES, SIR. PLEASE APPROACH AND LET US KNOW YOUR THOUGHTS. HELLO, MY NAME IS THOMAS HOAG AND, UH, I OWN THE PROPERTY, UH, 2 0 1 ADAMS AND CO-OWNER OF 2 0 9 ADAMS, WHICH ARE BOTH THE 2 0 1 ADAMS HAS, UH, BORDERS THE PROPERTY THAT'S IN QUESTION THE APPLICANT'S, UH, UH, SO IT'S PROBABLY BESIDES JOSE THAT YOU HEARD FROM ON THE PHONE. IT'LL HAVE THE GREATEST IMPACT ON BOTH OF US. AND SO I'M IN OPPOSITION, UH, TO THAT. UM, UH, THE PROPERTY AT 2 0 1 ADAMS, UH, YEAH, WILL BE MOST AFFECTED BY THIS, THIS VARI VARIANCE. SO, UM, I'VE BEEN IN THE, I'VE BEEN IN THIS HOUSE SINCE 1957, SO THIS IS MY HOME SINCE I WAS A KID. SO IT'S A HISTORIC AREA, AND I THINK, UH, LIKE THE OTHER CALLER SAID, IT HA SENDS A PRECEDENCE FOR, UH, OTHER POOLS, OTHER CHANGES IN VARIANCE AS WELL. SO THERE'S, SEE AT JOSE'S HOUSE AT 2 0 2 WICK, UH, ACTUALLY IN 2005, UH, THE SETBACK FOR THAT PROPERTY IS SUPPOSED TO BE 10 FEET. AND, UH, UH, BECAUSE FOR WHATEVER REASON, I DON'T KNOW WHY PEOPLE DON'T CONSIDER SETBACKS, BUT IT'S WITHIN FOUR FEET OF MY HOUSE. AND ACTUALLY THE, THE ROOF, UH, WILL ACTUALLY BE DRAINING RIGHT INTO THE POOL AS WELL. UH, SO THAT'S, THAT'S 2 0 2 WICKS. UH, SO, UH, LET'S SEE WHAT I GOT ELSE, SIR. OH, LET'S SEE IF I CAN GET YOU TO PUT UP A PICTURE. PUT UP THAT PICTURE. SO, 2 0 1 ADAMS IS MY PROPERTY AND 2 0 9 ADAMS I CO-OWN WITH MY SISTER AND WE BOTH AGAINST IT. IF YOU LOOK AT THE LITTLE FADED, UH, PIECES OF, UH, THIS IS FROM THE BARE APPRAISAL DISTRICT. UH, THERE'S A LASER POINTER IF IT WOULD HELP, SIR. OH, SURE. OKAY. SO THIS IS MY PROPERTY. AND THIS, THIS IS A CO-OWNED PROPERTY, MY SISTER AND I, AND THIS IS THE PROPERTY IN QUESTION. AND THIS IS JOSE'S PROPERTY. YOU CAN SEE RIGHT HERE, THERE IS LIKE FOUR FEET BETWEEN MY FENCE IN HIS PROPERTY AND HOW THAT GOT DONE. I DON'T KNOW, I, SO I CAME BEFORE THE BOARD. I DON'T WANT TO GIVE YOU A BUNCH OF STUFF ABOUT SOMETHING ELSE, BUT I CAME BEFORE THE BOARD AND THE BOARD, UH, UH, RULED IN MY FAVOR AND THEY ASKED THE PREVIOUS OWNER, NOT JOSE, BUT THE PREVIOUS OWNER, TO MOVE THIS PROPERTY BACK SIX FEET. HOWEVER, HOWEVER, THE OWNER OR LAWYER SUED THE CITY BECAUSE THE CITY ACTUALLY PERMITTED IT. SO IT'S, UH, STILL AN ISSUE. BUT YOU CAN SEE THIS OVERLAY HERE. THIS IS THE FENCE LINE. THIS IS MY PROPERTY. AND THEN THIS IS WHERE THE PUMP'S GOING, AND THIS IS WHERE THE POOL'S GOING. AND THIS, THIS, UH, HIS STRUCTURE HERE, HIS HOUSE, UH, THE DUPLEX OCCUPIES PRETTY MUCH OF ALL OF THE PROPERTY. YOU'LL PUT THAT UP, . SO THIS IS A PICTURE I TOOK FROM MY BACKYARD, THE FENCING QUE THE ONE FOOT WHERE THE, THE, UH, THE PUMP'S SUPPOSED TO BE OVER HERE. JOSE'S GOT A, A LIKE HE SAID, UH, OR ONE OF THE CALLERS SAID, OR MAYBE IT WAS, MAYBE IT WAS YOU. THERE IS A, A, UH, AIR, UH, COMPRESSOR OVER HERE WHERE, WHERE THE, UH, UH, THERE'S A LOT OF NOISE ASSOCIATED WITH THAT. AND THEN I'M SURE THAT'S GONNA, SO IF YOU CAN SEE, THIS IS A TRAMPOLINE. SIR, YOU'RE THREE MINUTES, SIR. UP IF YOU COULD, I'LL GIVE YOU ABOUT 20 MORE SECONDS. OKAY. IF YOU JUST WANT TO MAKE A, OOPS, SORRY. GO AHEAD. YOU PUT THAT PICTURE BACK UP, JUST REAL BRIEFLY, JUST IT'LL GIVE YOU A KIND OF A IDEA HOW WIDE THIS PROPERTY IS. THIS IS A TRAMPOLINE AND IT PRETTY MUCH TAKES UP THE WHOLE SPACE. [00:45:02] THERE YOU GO. ALL RIGHT. THANK YOU MUCH. QUESTION CRUZ. COMMISSIONER CRUZ. UM, SIR, SINCE YOU'VE LIVED IN THE AREA QUITE A FEW YEARS, UM, DO YOU KNOW ANYBODY ELSE THAT HAS A POOL IN THEIR BACKYARD CLOSE TO YOU? UH, SO, UH, THERE'S A, I KNOW THERE'S ONE DOWN THE STREET ON WIX STREET. UH, I DON'T KNOW WHAT THE ADDRESS IS, THE, BUT I CAN TELL YOU WHEN THEY WANT TO DRAIN THE POOL, THE WATER GOES INTO THE STREET AND THEN IT GOES DOWN TO THE, THE DRAINAGE, AND THEN IT GOES TO THE SAN ANTONIO RIVER. OKAY. I WAS JUST CHECKING BECAUSE YEAH, THERE IS, THERE IS A POOL IN THE NEIGHBORHOOD. OKAY, THANK YOU. CAN I, CAN I JUST COMMISSIONER KAPLAN MAKE A COMMENT FOR THE STAFF? I, UH, I JUST WANNA MAKE SURE FOR WHEN WE READ OFF THIS, UM, RESOLUTION, UH, WE HAVE 2 0 7 WIX AS THE ADDRESS FOR THIS, AND IT'S 2 0 4 WIX. SO THERE WAS A TYPO. I WANNA MAKE SURE THAT ON THE RESOLUTION THAT, UM, WAS THIS ADVERTISED TO BE 2 0 4, UM, SO THE LEGAL WAS CORRECT AND IT WAS ADVERTISED AS, UH, TWO, OH, IT WAS ADVERTISED 2 0 4. UM, I BELIEVE WE PUT SOMEWHERE AS A TYPO. 2 0 7. OKAY. SO IT LOOKS LIKE THE, IT'S, IT'S, IT'S, UH, PROPERLY ADVERTISED. SO WHEN, WHEN THE MOTION IS READ RES, JUST WANNA MAKE SURE THAT MOTION HAS TO GO FORWARD. QUESTION THE LEGAL, THE LEGAL IS CORRECT THOUGH. OKAY. THANK YOU. ALL RIGHT. IS THERE ANY OTHER COMMISSIONER QUESTIONS? QUESTION? COMMISSIONER ZUNIGA? UH, SIR, ARE YOU TALKING ABOUT MR. JAMES RAMIREZ OR JOSE? SO JOSE IS 2 0 2. JAMES RAMIREZ, I THINK IS 2 0 4 AND 2 0 6. SO JOSE IS ON THE, ON HIS LEFT FACING HIS PROPERTY. HE'S THE ONE THAT CALLED IN AND SAID THAT HE WAS AGAINST IT. AND SO I AM AT 2 0 1 ADAMS, ADAMS STREET, THE PROPERTY BEHIND, AND I'M ALSO AGAINST IT AS WELL AS 2 0 9 ADAMS. SO WHAT, WHAT YOU'RE SAYING IS IF, UH, THE PARTY HERE, MR. RAMIREZ WOULD WANNA PAINT HIS HOUSE OR THE LIKES, HE WOULD HAVE TO GO INTO YOUR YARD FOR, UH, AND I THINK YOU'RE TALKING ABOUT, UM, MR. JOSE, I DON'T, I THINK HIS LAST NAME AND I'M NOT SURE WHAT HIS LAST NAME WAS. I JUST KNOW HIM AS JOSE, BUT, UH, I DON'T KNOW IF YOU COULD GET INTO MY NO, WELL, I'LL ASK STAFF ABOUT IT. YEAH. OKAY. WELL, THE, THE MAINTENANCE OF THE HOUSE, I'LL JUST THANK YOU, SIR. UH, MR. HO, YOU CAN, YOU CAN HAVE SEAT. OH, THE EXTERIOR. WHAT WAS THE QUESTION, SIR? I'M SORRY. WILL MR. RAMIREZ HAVE ENOUGH CLEARANCE TO WORK ON THE SIDE OF THE HOUSE, THE INTERIOR, UH, THE WEATHER PROVEN ON THAT, IF THE POOL IS THERE AND WHAT THEY'RE SAYING. OKAY. SO WOULD THE, WOULD THE NEIGHBORING 2 0 2 WEEKS HAVE ENOUGH ROOM TO WORK ON THE SIDE OF THEIR HOUSE? IS THAT WHAT YOU'RE ASKING? UM, I, I COULD NOT TELL YOU, UH, CLEAR ANSWER ON THAT. I KNOW THAT WITH THE ADDITION OF THE POOL, OBVIOUSLY IF THEY HAVE TO IMPEDE ON THIS PERSON'S PROPERTY, THEY WOULD ONLY HAVE ONE FEET. COMMISSIONER ZUNIGA, THAT WE HEARD TESTIMONY THAT THE NEIGHBORING PROPERTY HAD THREE TO FOUR FEET FROM THE HOME TO THE FENCE, UH, THAT SHOULD BE ADEQUATE FOR A, A LADDER. MM-HMM. . SO I'M JUST PUTTING THAT OUT THERE. SO IF THERE'S NO OTHER QUESTIONS, BRAGMAN ACTUALLY, COMMISSIONER BRAGMAN, I JUST, I'M SORRY, I JUST WANTED TO ADD THAT IT'S A LAP POOL AND I KNOW WE'RE SPEAKING ABOUT SPLASHING AND ALL THAT. IF, IF WE HAVE ADDITIONAL QUESTIONS, WE'LL, OH, I'M SORRY. IT'S OKAY. COMMISSIONER BRAGMAN. UH, SO MY QUESTION IS, IS THERE GONNA BE ANY, UH, COPING AROUND OR, OR IS THE ONE FOOT STRICTLY TO THE, THE POOL WITH JUST THE, THE WATER'S EDGE? THE, THE WATER'S EDGE? NO. YEAH, THERE'LL BE SOME, THERE'S GONNA BE SOME COPING. HOW WIDE IS THAT? 10 TO 10 TO 12 INCHES FROM, UM, FROM WHEN I WAS SPEAKING WITH THE GENTLEMAN THAT CAME OUT THERE AND LOOKED AT IT. OKAY. SO THE, THE ONE FOOT VARIANCE THAT YOU'RE REQUESTING THAT IS AFTER THE 12 INCH, CORRECT? YES. AROUND THE PERIMETER? YES. SO THE WATER'S EDGE IS REALLY GONNA BE MORE TWO FEET, TWO FEET FROM THE, FROM THE, THE, UH, THE SETBACK, CORRECT? YES. OKAY, THANK YOU. ALRIGHT, THANK YOU. IS THERE ANY OTHER QUESTIONS BEFORE WE MOVE ON TO, UH, MOTION, UH, HEARING NONE CLOSE THE YES, COMMISSIONER. SO, SO AS WE START TALKING ABOUT APRONS, UM, AND SO THE, THE DIALOGUE ABOUT THE APRON BEING PART OF THE OFFSET VERSUS THE ACTUAL POOL ITSELF, ARE WE ABLE TO DIFFERENTIATE THE TWO? SO I'M GONNA, I'M GONNA READ THE SECTION ON SWIMMING POOLS FROM THE U D C, UH, AND WE'LL ASK STAFF TO COMMENT. SO THIS IS, THIS IS IN 35 5 16 H. SWIMMING POOLS ARE PROHIBITED WITHIN THE FRONT SETBACK OF ALL DISTRICTS OR WITHIN A PLATTERED OR RECORDED UTILITY OR DRAINAGE. EASEMENT POOLS, WHICH ARE EXCAVATED TO A DEPTH GREATER THAN THREE FEET BELOW GROUND, SHALL [00:50:01] BE LOCATED A MINIMUM DISTANCE OF FIVE FEET FROM THE SIDE AND REAR LOT LINE. SO DOES THAT INCLUDE COPING OR IS THAT JUST TO THE WATER'S EDGE? HOW DOES STAFF INTERPRET THAT? IT'S TO THE WATER'S EDGE TO THE WATER. SO IF WE GROUND A ONE FOOT VARI, UH, VARIANCE, HE'LL BE ABLE TO HAVE THE WATER'S EDGE AT ONE FOOT AND ANY COPING BETWEEN THERE AND THE FENCE LINE. SO JUST BE CONSCIOUS OF THAT. WHOEVER MAKES A MOTION. I HAVE ANOTHER QUESTION. COMMISSIONER BRAGMAN, WHAT IS THE DEPTH OF THE POOL GONNA BE? OKAY, THREE FEET. DOES THAT CHANGE? NOW IT'S, IT'S THREE FEET OR MORE. SO IF THERE'S NO FURTHER QUESTIONS, I'LL GIVE YOU A, A BRIEF MOMENT TO MAKE ANY, UH, CLOSING REMARKS THAT YOU'D LIKE US TO KNOW. OKAY. UM, I APOLOGIZE FOR INTER NO PROBLEM. FOR INTERJECTING EARLIER, UM, BASICALLY, UM, WHEN I WAS DOING A LITTLE RESEARCH AND I SAW THIS SIMILAR REQUEST ON 1 4 3 CEDAR, I THOUGHT, YOU KNOW, IT'D BE GREAT TO HAVE A FAMILY POOL IN THE NEIGHBORHOOD. UM, LEAVE IT THERE WITH MY SON AND MY, MY WIFE. SO THAT'S BASICALLY ALL I WANTED TO ADD. ALL RIGHT, THANK YOU. UH, WE'RE GONNA CLOSE THE PUBLIC HEARING. I'M LOOKING FOR A MOTION O ZUNA COMMISSIONER ZUNA REGARDING CASE NUMBER BOA DASH 22 DASH 0 3 57. I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED A REQUEST FOR A THREE FOOT VARIANCE TO THE REQUIRED FIVE FOOT SITE SETBACK FOR A SWIMMING POOL TO BE ALLOW A, A SWIMMING POOL TO HAVE TWO FOOT SIDE SETBACK AND TWO, A FOUR FOOT VARIANCE OF THE REQUIRED FIVE FOOT REAR SETBACK FOR AN ACCESSORY STRUCTURE TO ALLOW AN ACCESSORY STRUCTURE TO HAVE A ONE FOOT REAR SETBACK IS SITUATED AT 2 0 4 WIX AT STREET APPLICANT BEING JAMES RAMEZ. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH THAT A LITTLE LIBERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C, UM, AS IT MAN RESULTED IN UN UNNECESSARY HARDSHIP SPECIFIC, SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE DID NOT CONTRACT TO THE PUBLIC INTEREST. BECAUSE, BECAUSE THE REQUESTS FOR A SWIMMING POOL AND ACCESSORY STRUCTURE, UH, TO BE ONE, UH, TWO FEET FROM THE SIDE IN REAR PROPERTY LINE ARE BOTH SITUATED IN THE REAR OF THE PROPERTY. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP BECAUSE IT WOULD RESULT IN THE APPLICANT, UH, BUILDING THE SWIMMING POOL AND MOVING IN THE ACCESSORY STRUCTURE, UH, FIVE FEET FROM THE SIDE IN REAR PROPERTY LINE. SO STAFF FINDS AN UNNECESSARY HARDSHIP DUE TO THE SIZE OF THE REAR YARD. THREE, BY GRANTING THE VARIANCE OF SPIRIT, THE ORDINANCE WILL BE OBSERVED AS SUBSTANTIAL JUSTICE WILL BE DONE AS THE REQUESTED VARIANCE IS TO ALLOW FOR A THREE FOOT VERSUS, UM, THE STANDARD FIVE FOOT MINIMUM SIDE AND REAR SETBACK REQUIREMENT TO ALLOW TO PULL AN ACCESSORY STRUCTURE TO THE IN THE REAR YARD. THIS WILL NOT ADVERSELY AFFECT SURROUNDING PROPERTIES IN THE IMMEDIATE VICINITY FOR THE VARIANCE, WILL NOT, WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED AS THE PROPERTY IS ZONED RMM FOUR AND THE USES OF THE PROPERTY IS A DUPLEX FIVE. SUCH VARIS WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THE PROPERTY IS LOCATED, BECAUSE THERE ARE PROPERTIES WITH SIMILAR LOT DIMENSIONS LOCATED ALONG WIX STREET. UH, SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF ASSAULT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL AND NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT, WHICH THE PROPERTY IS LOCATED. IT APPEARS TO APPLY TO THE OWNER OF THE PROPERTY FOR ITS THE VARIANCE OF ASSAULT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE SIZE OF THE LOT, THE REQUESTED VARIANCE WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT AND OF MOTION. SECONDS SECOND. GOODBYE, COMMISSIONER CRUZ. COMMISSIONER ZUNA. YEAH, SO LISTENING TO THE, UH, OBJECTIONS FROM THE NEIGHBORS, UM, THE, THE BIGGEST OBJECTION SEEMS TO BE THE, THE, THE, THE LOCATION CLOSE TO THE, TO THE SIDE, STEP BACK. AND IF WE CAN MOVE THE LOCATION OF THE POOL, WHAT I RECOMMENDED WAS TWO FEET, THEN IT'LL PROVIDE A MORE BUFFER FOR THE, UH, SPLASHING AND SOME OF THE ISSUES THAT WERE BROUGHT UP. I DID NOTICE WHAT I PULLED UP AN AERIAL, UM, OF THE LOCATION. THERE ARE HOUSES WITH SWIMMING POOLS ON THE SAME BLOCK OF WICK STREET. THERE'S TWO HOUSES THAT HAVE SWIMMING POOLS. SO THE ISSUE OF, YOU KNOW, UH, DRAINING INTO THE RIVER, SUCH AS THE SAME ISSUE THAT THOSE OTHER TWO POOLS HAVE. AND, UH, I, YOU KNOW, FOR THOSE REASONS, YOU KNOW, I, WITH THE MOVE MOVEMENT OF THE POOL OFF THE PROPERTY LINE, I THINK IT, IT, UH, WILL ADDRESS SOME OF THE ISSUES BROUGHT UP BY THE NEIGHBORING PROPERTY OWNERS. COMMISSIONER CRUZ. UM, I, I LIKE THE IDEA OF THE POOL AND I KNOW WHAT HE'S TRYING TO DO. UNFORTUNATELY, THOUGH, WITH ALL THE NEIGHBORS OBJECTING, I CAN'T SAY I COULD CONCUR WITH THIS, UH, MOTION. SO I WILL SECOND, BUT I WILL SAY I WILL DENY IT. THANK YOU. ANY OTHER COMMISSIONERS LIKE TO ADD? RIGHT. COMMISSIONER BRAGMAN. UM, I, I THINK WE HEARD FROM THE APPLICANT THAT THIS IS A, A LAP POOL, SO IT'S NOT NECESSARILY GONNA BE, UM, CHILDREN PLAYING AND SPLASHING AND, AND ALL OF THAT. SO I DON'T THINK THERE'S GONNA BE QUITE THE, THE WATER THAT'S GONNA BE COMING OUT OF THE POOL THAT PERHAPS THE NEIGHBOR IS, UH, SUSPECTING. UM, AND IN ADDITION TO THAT, UM, WITH THE, THE, UH, CHANGE IN THE MOTION THAT, UM, COMMISSIONER OONA READ, WE'RE REALLY LOOKING AT THREE FEET [00:55:01] IN TERMS OF BEING AWAY FROM THE, THE WATER'S EDGE TO THE, THE PROPERTY LINE. SO IT DOES CREATE MORE OF A, A BUFFER. UM, AND IN REGARDS TO, UM, THE COMMENT ABOUT NOT BEING ABLE TO ACCESS THE, THEIR SIDE OF THE HOUSE TO, UM, PAINT AND DO MAINTENANCE, UH, THERE'S ALREADY A FENCE THERE, SO THE POOL IS NOT GONNA AFFECT THEIR ABILITY TO MAINTAIN THE PROPERTY. SO I'LL BE IN SUPPORT OF THE MOTION. ANY OTHER COMMISSIONERS? MANNA, COMMISSIONER MANNA. SO, UM, SO I GUESS I DIDN'T HEAR A SPECIFICATION ON THE SIZE OF THE ACCESSORY STRUCTURE, SO I, I HAVE A PROBLEM WITH THAT. AND THEN, UM, I REALLY DIDN'T HEAR ANY DIALOGUE WITH REGARDS TO, UM, WHY IT, THE POOL COULDN'T BE PUSHED, UH, AGAINST THEIR HOME, UM, YOU KNOW, VERSUS, UH, PUSHING AGAINST THE NEIGHBOR'S HOME. AND SO, UM, YOU KNOW, I, WHEN I LOOK AT THE MAP OF THE COMMUNITY, THE HOME WITH THE HOMES, WITH POOLS THAT I SEE, THE POOLS ARE IN THE BACKYARD AND NOT ON THE SIDE PROPERTY. AND SO THIS IS A VERY NARROW STRIP AND I, I JUST HAVE CONCERNS WITH, YOU KNOW, WITH AFFECTING THE, UH, THE STRUCTURE OF THE HOMES. ALL RIGHT. ANY OTHER COMMISSIONERS? MANCHACA, COMMISSIONER MANCHACA, AND THEN ALBERT? I JUST HAVE A QUESTION. I DIDN'T HEAR IT CLEARLY AT THE BEGINNING. SO THE HI HISTORICAL SOCIETY HAD NO FEEDBACK ON THIS. UH, THE, THE, UH, UM, H C R C VOTED TO APPROVE. SO COMMISSIONER ALBERT, YEAH, I'M AFRAID I WON'T BE ABLE TO SUPPORT THIS. I THINK THE NEIGHBOR'S CONCERNS ARE VALID. POOL PUMPS CAN BE NOISY, WATER DOES TEND TO LEAVE POOLS. UM, AND IT'S VERY CLOSE TO, TO HOMES THAT, UH, YOU KNOW, THAT TAKES AWAY THEIR RIGHT TO ENJOY THEIR PROPERTY. AND I THINK, UH, WHEN YOU'RE TALKING ABOUT SETBACKS, IT'S HOW IT AFFECTS YOUR NEIGHBOR'S RIGHTS. IT'S REALLY IMPORTANT. SO I WON'T BE IN SUPPORT. ANYONE ELSE I'M GONNA CLOSE WITH. UH, I'M ALSO NOT GONNA BE IN SUPPORT OF THIS. UM, FOR THIS, FOR ME TO BE IN SUPPORT OF THIS, HE'D HAVE TO, HE'D HAVE TO HAVE MORE ROOM. AND IN ANY, IN THIS NEIGHBOR'S HOME IS JUST TOO CLOSE TO THE FENCE. UH, I JUST, I JUST DON'T THINK IT'S, UM, IT'S NECESSARILY IN THE BEST INTEREST OF THE NEIGHBOR. SO WITH THAT, IF YOU COULD PLEASE TAKE A ROLL CALL. VOTE. MR. SUNA. I CONCUR. MS. CRUZ, I DO NOT CONCUR. MR. ALBERT. I DO NOT CONCUR, MR. MENCHACA. I DO NOT CONCUR. MR. VASQUEZ. MR. VASQUE, I DO NOT CONCUR. MR. MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT, MS. KAPLAN. I DO NOT CONCUR. MR. ZUNIGA. I DO NOT CONCUR. MR. TEAL? YES, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN. UH, I DO NOT CONCUR WITH THE FINDINGS OF FACT. MOTION FAILS. EIGHT TO THREE. UM, SIR, IF YOU GET WITH STAFF, THEY CAN TALK TO YOU ABOUT YOUR OPTIONS. UH, ONE THING IS, IS THAT THAT CODE THAT DOES HAVE THE FIVE FOOT SETBACK, UH, IS INVOKED, UH, WHEN YOU'RE, YOU KNOW, THREE FEET OR DEEPER. SO IF YOUR POOL WAS TWO FEET 11, YOU MIGHT HAVE SOME DIFFERENT OPTIONS. SO IF YOU COULD JUST TALK TO STAFF. ALL RIGHT. NEXT CASE I'D LET THE RECORD SHOW THAT COMMISSIONER LYNN HAS RETURNED. UM, OKAY, SO WE HAVE TWO ALTERNATES SITTING, COMMISSIONER VASQUEZ AND COMMISSIONER ZUNIGA, WHO, WHO, WHO WAS FIRST ASKED TO BE HERE AND, AND AGREED TO BE HERE. OR IF WE HAVE A VOLUNTEER FOR SOMEONE TO LEAVE , OR IF THERE'S ANOTHER, IF ANOTHER COMMISSIONER THAT HAS A PRESSING ISSUE WHO'S GOING'S GOING TO, UH, LEAVE EARLY. ANYWAY, THAT MIGHT BE A TIME TO SPEAK UP. STAFF INDICATED THAT IT WAS, UH, MR. VASQUEZ THAT INDICATED HE WOULD BE HERE FIRST. OKAY. SO COMMISSIONER ZUNIGA WILL BE THE 12TH ITEM SEVEN. WE GOOD? OKAY. GOOD AFTERNOON, BO O A 22 1 0 3 0 0 1 5 8. ADDRESS IS 1401 CLIA AVENUE COUNCIL DISTRICT FOUR APPLICANT IS MARC RA ONE. A REQUEST FOR A FOUR FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO [01:00:01] ALLOW A CARPORT WITH OVERHANGING GUTTERS TO BE ONE FOOT FROM THE SIDE PROPERTY LINE AND TO A REQUEST FOR A SEVEN FOOT VARIANCE FROM THE MINIMUM 15 FOOT. CLEAR VISION FROM TO ALLOW FENCE TO BE EIGHT FOOT FROM THE CURB. ZONING IS R FOUR. THE SUBJECT PROPERTY IS LOCATED AT INTERSECTION OF CALIA AVENUE AND WALDEN STREET AND CONTAINS A SINGLE FAMILY RESIDENCE. THE APPLICANT OBTAINED A BUILDING PERMIT AND BEGAN CONSTRUCTION OF THE CARPORT UPON A SITE VISIT BY BUILDING INSPECTION TEAM. IT WAS DETERMINED THAT THE FRAMING WAS SET AT ONE FOOT FROM THE SIDE OF THE PROPERTY LINE, UH, SITE PLAN, THE SUBJECT PROPERTY, THE SIDE SETBACK, THE OVERHANG CARPORT VIEW, AND THE SURROUNDING AREAS. RECOMMENDATIONS SIDE AND REAR SETBACK VARIANCE. STAFF RECOMMENDS DENIAL WITH AN ALTERNATE RECOMMENDATION OF A TWO FOOT VARIANCE FROM THE MINIMUM AND FIVE FOOT FIVE SETBACK REQUIREMENT TO ALLOW A DETACHED ACCESSORY STRUCTURE TO BE THREE FEET FROM THE SIDE PROPERTY LINE. AND BILL O 8 22 1 0 3 0 0 1 5 8 BASED ON THE FOLLOWING FINDINGS OF FACT, THE STRUCTURE IS CURRENTLY ONE FOOT FROM THE SIDE PROPERTY LINE TWO AND A SITE SETBACK. A THREE FOOT WOULD PROVIDE ADEQUATE SPACING BETWEEN THE SUBJECT PROPERTY AND THE NEIGHBORING PROPERTY. AND THREE, A SITE SETBACK AT THREE FEET DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. NOTIFICATION PLAN, 24 NOTICES WERE MAILED. ZERO IN FAVOR, ZERO AND OPPOSITION AND NO RESPONSE FROM TARA LINDA HEIGHTS NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS PRESENT. THANK YOU VERY MUCH. MANNA COMMISSIONER MANNA, A QUESTION FOR STAFF. SO, UM, IN THE PRESENTATION IT TALKED ABOUT THE APPLICATION OBTAINED A BUILDING PERMIT. DID THEY NOT BUILD IT TO THE PERMIT? UM, YEAH, THEY DIDN'T, THEY BUILT IT AND, UH, THEY'RE CLOSER TO THAN WHAT THEY NEED TO BE FOR THE SIDE SET BACK, THE BUILDING INSPECTOR WENT OUT THERE AND IT WAS LESS THAN FIVE FEET FROM THE SIDE. OKAY. THANK YOU. YEP. I HAVE A QUESTION FOR STAFF COMMISSIONER BRAMAN. UM, IN THE INITIAL PRESENTATION, IT SAYS IT'S A CARDBOARD, BUT THEN IT FURTHER ON IT SAYS A DETACHED ACCESSORY STRUCTURE. IT, IT LOOKS LIKE IT'S ATTACHED. IT'S ATTACHED. APOLOGIZE FOR THAT. CORRECT. THIS IS A STRUCTURE SO ATTACHED TO THE HOUSE, IT HAS TO MEET THE, UH, THE STRUCTURE SET BACK. OH, AND I HAVE A QUESTION TOO. KAPLAN, IT SAYS, UH, ON THE SECOND THING THERE'S A, A FENCE. WHERE'S THE FENCE? THAT WAS A TYPO, MA. I APOLOGIZE FOR THAT. THERE WAS, THERE WAS A, THERE WAS NOT A CLEAR VISION. IT'S JUST A, THE ATTACHED CARPORT. NO, NO MA'AM. I APOLOGIZE FOR THAT. THAT'S MY ERROR. ALRIGHT, THANK YOU VERY MUCH. LET'S HAVE THE APPLICANT COME FORWARD. IF YOU COULD PLEASE STATE YOUR NAME. HELLO. SORRY I'M A LITTLE SICK. . I AM, UH, MARY PUENTA. I'M HERE SPEAKING ON BEHALF OF MY DAD, MARINO PATADA. WHO IS, WHO IS THE APPLICANT? THERE YOU GO. SORRY. HI, I AM MARY PUENTA. I'M HERE ON BEHALF OF MY DAD, MARCELLINO PATA, WHO IS THE APPLICANT AT THIS RESIDENCE. UM, HE JUST WANTED ME TO LIST A COUPLE THINGS SINCE HE COULDN'T BE HERE TODAY. SO THE PLACEMENT IS THE SAME DISTANCE FROM THE FENCE AS THE PRIOR CARPORT THAT WAS REPLACED. UM, MY PARENTS MOVED IN THE HOME, UM, IN 1984. SO THAT PREVIOUS STRUCTURE HAD BEEN UP AND RIGHT NOW MY PARENTS ARE, WELL, MY DAD'S GETTING READY FOR RETIREMENT, SO HE JUST WANTED TO MAKE SURE THAT THE CARPORT IS, UM, KIND OF SET MOVING FORWARD AS THEY'RE GETTING OLDER. AND, UM, AND JUST MAKING SURE THAT THE CARPORT IS DURABLE AND STURDY. UM, SECONDLY HE JUST WANTED ME TO MENTION, UM, THAT THE BARRICADE, UM, SHEATHING PANELS WERE ADDED AS THE CITY INSPECTOR REQUESTED ON THE RIGHT SIDE OF THE CARPORT. AND ADDITIONALLY, UM, THE CURRENT SPACING ALLOWS FOR ENOUGH ROOM, UM, ON MY PARENTS' VEHICLE WHEN THEY OPEN THE DOORS AND EX OR EXIT THE VEHICLE. SOMETIMES MY MOM NEEDS TO USE, UM, A WALKER DUE TO HER FEMUR AND HER THIGH AT TIMES. UM, SO THEN MOVING IT IN FURTHER IN, IF WE DID HAVE TO MAKE ADJUSTMENTS, UM, THEY JUST FELT THAT IT WOULD BE, UM, HARDER, UM, AT TIMES, UM, DEPENDING ON, YOU KNOW, IF SHE NEEDED TO USE, YOU KNOW, A WALKER. UM, BUT THAT'S ALL THAT HE WANTED ME TO MENTION TODAY. I DON'T KNOW IF ANYBODY HAS ANY QUESTIONS. YES. UH, PLEASE HANG TIGHT FOR A SECOND. WE'RE GONNA SEE IF WE HAVE ANY, UM, ANYONE SIGN UP TO SPEAK OR PUBLIC COMMENTARY. ANY VOICEMAILS, ANYONE SIGNED UP? OKAY. SO NO PUBLIC COMMENT. AND IF, IF I CAN CLARIFY SOMETHING. UH, CAN YOU PUT UP THE FIRST PICTURE ON OUR SLIDESHOW? THE CLEAR VISION WAS NOT ADVERTISED, HOWEVER, WE DID NOTICE IT FOR THE FRONT YARD FENCE. YEAH. THAT YOU SEE THE FIRST, THE FIRST, IS THAT THE FIRST PICTURE? YOU'RE TALKING ABOUT THE CHAIN LINK FENCE? CORRECT. OKAY. [01:05:02] IS THERE'S A CHAIN LINK FENCE IN FRONT OF YOUR HOUSE, RIGHT, MA'AM? ON THE SIDE OF THE HOUSE? ON THE FRONT. NOT OH, ON THE FRONT, YES, BUT NOT ON THE CARPORT SIDE. IT'S ON THE OTHER SIDE. RIGHT ON THE OTHER SIDE. SO WE OBSERVED THAT FROM THE DRIVEWAY. THEY DID NOT MEET THE 15 FEET AND THAT'S WHAT THE, UH, CLEAR VISION WAS FOR. SO I APOLOGIZE. THERE IS A CLEAR VISION ISSUE AND THAT'S WHAT WE ADVERTISED ALSO FOR, BUT THAT CAN'T, SO THAT CAN BE ENTERTAINED TODAY? YES. SO THERE'S A APPAR, UH, A FOUR FOOT TALL CHAIN LINK FENCE THAT EXTENDS MM-HMM. WITHIN 15 FEET OF THE CURB. I THINK THEY SAID IT WAS SEVEN OR EIGHT FEET THAT WE'LL ALSO BE TALKING ABOUT. IS THERE, UH, CAN YOU TALK ABOUT HOW LONG THAT FENCE HAS BEEN THERE? PROBABLY SINCE I WAS A KID. UM, OKAY. 30 YEARS . OKAY. NO, NO ADJUSTMENTS WERE MADE TO THE FENCE. UM, AND REALLY THEIR PLAN IS TO TAKE IT DOWN AND MAYBE POSSIBLY REPLACE IT. 'CAUSE IT'S, IT'S, UM, IT'S OWED AND THEY WANT IT TO DO MAYBE LIKE SOME, LIKE A ROTTED FENCE. UM, WHEN THE TIME PERMITS, WHEN THEY'RE ABLE TO SAVE UP. THEY WANT IT TO DO THAT NOW, BUT THEY DON'T HAVE ENOUGH FUNDS FOR IT. UM, SO WHEN TIME PERMITS AND THEY'RE ABLE TO SAVE UP THAT MONEY, THEY, THE PLAN IS TO REPLACE THE FENCE, UH, FOR LEGAL WHEN A IF, IF A, WHEN A MOTION IS MADE ON THIS, CAN THEY PHRASE IT AS A PREDOMINANTLY OPEN FENCE AS FAR AS A CLEAR VISION VIOLATION? OR IS IT JUST A CLEAR VISION VIOLATION? CAN WE, CAN WE SAY THE WORD PREDOMINANTLY OPEN FENCE? 'CAUSE THAT'S WHAT IT IS NOW. YEAH, IT'S, UH, PREDOMINANTLY OPEN. OKAY. OKAY. SO JUST FOR THOSE, WHOEVER MAKES A MOTION. UH, SO QUICK QUESTION. I, I HAVE AN OLD, OLDER PICTURE OF THE PREVIOUS CARPORT MM-HMM. , UH, THE PREVIOUS CARPORT SEEMED TO, UH, SLOPE, UH, ENTIRELY TOWARDS THE NEIGHBORING PROPERTY. THIS, THIS NEW ONE IS NOW, UH, SLOPED, UM, PITCHED FRONT TO BACK. CAN YOU TALK ABOUT HOW THE WATER NATURALLY DRAINS FROM YOUR PROPERTY? IT APPEARS THAT IT GOES FROM YOUR HOUSE TOWARDS TO THE STREET. IS THAT CORRECT? YES, I WOULD SAY SO. I'M THE PREVIOUS CARPORT. YEAH. WE DON'T HAVE A PICTURE OF THAT UP. UH, IF STAFF WANTED TO GO TO GOOGLE, UH, MAPS AND DO A STREET VIEW, IT'S STILL ON STREET VIEW, BUT IT, IT'S IN THE SAME PLACE AS, UH, MENTIONED BY THE APPLICANT. BUT IT IS, IT IS JUST A STRAIGHT, STRAIGHT SHOT, UH, ROOF. THAT, THAT THIS DRAINS RIGHT TO THE NEIGHBOR'S PROPERTY. IS THAT SOMETHING YOU CAN BRING UP? THEY'RE WORKING ON IT. OKAY. AND IT DOES ALSO APPEAR THAT YOUR NEIGHBOR'S HO HOME IS ABOUT 10 FEET AWAY FROM THAT, UH, CHAIN LINK FENCE. IS THAT ABOUT RIGHT IN YOUR OPINION? YEAH, I WOULD SAY SO. UM, MY DAD DID TALK TO THE PROPERTY OWNER AND UM, I THINK HE GOT SOMETHING IN THE MAIL AND HE MADE MY DAD AWARE, BUT HE SAID THAT HE WAS NOT OPPOSED TO ANYTHING AND, UM, EVERYTHING WAS FINE. AND, AND EVEN THE SURROUNDING NEIGHBORS, A LOT OF PEOPLE TOLD MY PARENTS LIKE, HEY, WE GOT THIS NOTIFICATION IN THE MAIL, BUT NOBODY WAS OPPOSED TO ANYTHING. THEY JUST HAD POSITIVE REVIEWS SAYING LIKE, YOU KNOW, YOU'RE MAKING THE NEIGHBORHOOD LOOK BETTER, WE'RE NOT GONNA GO. AND OKAY. SO THERE'S A, THERE'S A PICTURE UP ON, ON THE SCREEN THAT SHOWS WHAT IT USED TO USED TO BE. YES. AND WE ALL SAW THE PICTURES OF WHAT IT IS. SO IS THERE ANY COMMISSION QUESTIONS? ALL RIGHT. HEARING NONE, THANK YOU VERY MUCH. OKAY, THANK YOU. YOU GOT IT. UM, WE'RE LOOKING FOR CLOSING ON THE PUBLIC HEARING. I'M LOOKING FOR A MOTION MANA COMMISSIONER MANNA, REGARDING CASE NUMBER BOA 2 2 1 0 3 0 0 1 5 8. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE, A REQUEST FOR A FOUR FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW CARPORT WITH OVERHANG AND GUTTERS TO BE ONE INCH, I MEAN, SORRY, ONE FOOT FROM THE SIDE PROPERTY LINE. AND TWO, A REQUEST FOR A SEVEN FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A PREDOMINANTLY OPEN FENCE TO BE EIGHT FOOT FROM THE CURB SITUATED AT 1 4 0 1 CELIA AVENUE, APPLICANT B AND MARCELO PARRA. BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIPS. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST BECAUSE THE CARPORT WITH OVERHANG AND GUTTERS WILL MAINTAIN THREE FOOT FROM THE SIDE PROPERTY LINE WOULD NOT BE CONTRARY TO THE PUBLIC INTEREST. IS THAT, IS THAT MATH CORRECT THERE? SO, OR SHOULD THAT BE ONE FOOT FROM THE SIDE PROPERTY? UM, I'M GOING TO, UH, MAINTAIN ONE FOOT FROM THE SIDE PROPERTY THAT WILL NOT BE CONTRARY TO PUBLIC INTEREST DUE TO THE SPECIAL CONDITIONS ARE A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. UH, THE CARPORT WITH OVERHANG GUTTERS WOULD HAVE TO BE MOVED TO THE MINIMUM FIVE FOOT SIDE SETBACK. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND THE SUBSTANTIAL JUSTICE WILL BE DONE AS THE SIDE SETBACK REQUIREMENT WILL MEET, WILL MEET, OBSERVE THE SPIRIT OF THE ORDINANCE. THE VARIANCE, UH, FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THIS VARIANCE IS LOCATED AS OUR PROPERTY IS ZONED R FOUR. AND THE USE OF THE PROPERTY IS A SINGLE FAMILY DWELLING. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY ENTER [01:10:01] THE APPROPRIATE USE OF, UH, THE ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. BECAUSE THERE ARE PROPERTIES WITH SIMILAR LOT DIMENSIONS ON THE BLOCK. SIX APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING IN THE PROPERTY. AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE REQUEST DOES NOT APPEAR TO ME, UH, BE, APPEAR TO BE MERELY FINANCIAL AND A MOTION. SECOND. SECOND BY COMMISSIONER THIEL. COMMISSIONER MANNA. SO, SO JUST TO CLARIFY, THIS IS ALLOWING FOR, UM, THE ONE FOOT, UH, UH, THE FOUR FOOT VARIANCE. SO THE PROPERTY OR THE, THE, UH, STRUCTURE CAN BE ONE FOOT FROM THE SIDE PROPERTY LINE. I WILL BE VOTING IN FAVOR OF THIS FOR A COUPLE OF REASONS. UM, UM, ONE IN, UH, THIS IS, UH, DIALOGUE TO BE PREDOMINANTLY OPEN. SO I DON'T SEE AN ISSUE WITH THE CLEAR VISION BECAUSE OF THAT. AND IF YOU DRIVE DOWN EIGHT LOTS, UH, SEVEN OF THE EIGHT LOTS ADJOINING THIS PROPERTY, UH, HAVE THE SAME FENCING. SO I DON'T SEE ANY ISSUES WITH THE FENCING. IT SEEMS NORMAL. UM, AND THE SECOND FOR THE, UH, SIZE OF THE, UM, STRUCTURE ITSELF AND OR THE PROXIMITY OF THE STRUCTURE ITSELF TO THE PROPERTY, AGAIN, DRIVING DOWN THE, UH, STREET FOR THE NEXT EIGHT, THERE'S LIKE FIVE THAT HAVE THE SAME, UH, DISTANCE HERE. SO IT'S VERY CONSISTENT WITH THIS COMMUNITY. SO, UM, I DON'T SEE THAT IT'S, UH, UH, DIFFERENT. SO I'LL BE VOTING IN FAVOR. OH, ALSO THAT THEY VOTED, UH, TALK TO THE NEIGHBORS. SO I'LL BE, UH, VOTING IN FAVOR. ALRIGHT. COMMISSIONER THIEL. YES, I'LL BE IN FAVOR AS WELL. I THINK THEY'VE ADDRESSED THE WATER RUNOFF ISSUE FROM THE PREVIOUS CARPORT THAT HAD BEEN THERE, AT LEAST FROM 2007 THAT I COULD SEE, AS WELL AS THE EXISTING FENCE THAT'S PROBABLY WELL OVER 30 YEARS OLD, SO I'LL BE IN SUPPORT. ALL RIGHT. ANY OTHER COMMISSION? I JUST WANTED TO ADD, UH, COMM FOR COMMISSIONER MANNA, THIS, UM, THIS WAS READ TO BE WITH GUTTERS, BUT BECAUSE OF THE PITCH OF THE ROOF, I DON'T KNOW IF GUTTERS WOULD BE GOOD OR BAD FOR THE NAME. SO I, MR. GUTTERS, BUT, BUT, UM, IT, IT WAS LISTED IN THE, IN THE LISTING I HAD. AND SO I DON'T NECESSARILY KNOW THAT WE NEED TO INCLUDE HIM HERE IN THIS CASE. BUT, UM, I MEAN, CAN WE, CAN WE REMOVE THE, WITH GUTTER REQUIREMENT? UH, I GUESS A COMMENT FOR LEGAL EVEN THOUGH IT WAS ADVERTISED THAT WAY? YEAH, I DON'T KNOW IF THAT'S, IF THEY ADVERTISE IT THAT WAY, WE ADVERTISE IT. UH, HOWEVER, IT DOES NOT NEED TO BE INCLUDED IF THAT'S THE WAY YOU WOULD, I JUST THINK THE WAY IT'S SET UP, IT MIGHT BE BETTER FOR THEM NOT TO HAVE GUTTERS. I'M SORRY. IT MIGHT BE BETTER FOR THEM NOT TO HAVE GUTTERS. 'CAUSE ALL IT WOULD RIGHT. IS PUSH IT TO THE NEIGHBOR'S HOUSE. SO, OKAY. SO JUST TO CLARIFY FROM THE CITY PERSPECTIVE, YOU ARE MAKING IT LESS RESTRICTIVE IF YOU TAKE AWAY THE GUTTERS. SO, UM, WOULD THAT HAVE TO BE RE READVERTISED MANCHACA CHAIRMAN MANCHACA? YEAH, THEY, THEY'RE TALKING IT COMMISSIONER MANCHACA, I, UM, I'M NOT, I DON'T KNOW IF WE SHOULD TAKE CAUTION ON THIS, BUT WHEN YOU CREATE A, A VALLEY LIKE THIS THAT IT WASN'T THERE BEFORE AND THE PROPERTY OWNER IS NOT FAMILIAR WITH THAT, THE WATER, ALL OF A SUDDEN THE VOLUME BECOMES GREATER AND THE CONCRETE WILL TEND TO GET DAMAGED, BEEN THERE, DONE THAT KIND OF THING. SO THE GUTTERS MAY HAVE BEEN PRO, UH, PUT ON THERE AS, UH, CAUTION AND I CAUTION AGAINST TAKING THE GUTTERS OFF. OKAY. I I WAS JUST MAKING A OBSERVATION, BUT WE CAN LEAVE IT THE WAY IT IS. I'M NOT ASKING, I'M JUST WONDERING. SO IF, IF YOU'VE, I WONDERED ABOUT THE GUTTERS MYSELF AND, AND NORMALLY I WOULD, WOULD'VE PUSHED FOR IT, BUT, UH, AS YOU AND INDICATED THE SLOPE, UM, YOU KNOW, OF THE, UH, OF THE ROOF IS UH, I GUESS WOULD COMPLIMENT I GUESS IT GOING DOWN THE DRIVEWAY SIDE. SO I DIDN'T HAVE AN ISSUE WITH THAT, BUT I DO AGREE WITH, UM, UH, MY COLLEAGUE DOWN THERE AS FAR AS THE VALLEY, 'CAUSE THAT MY HOUSE HAS THAT AND, AND WE GET TORRENTIAL RAINS COMING OFF THAT. AND SO, AND IT DOES. OKAY. WE'LL MOVE FORWARD AS WE'RE ADD. UM, THERE'S NOTHING ELSE. YEAH, WE DO, WE DO HAVE SOMETHING ELSE . OKAY. UM, YOU CAN JUST, UH, OMIT THAT PORTION REGARDING THE GUTTERS OR, YOU KNOW, JUST SAY THIS IS STRICTLY FOR THE CARPORT. FOR THE VARIANCE FOR THE CARPORT. UM, SO, UH, WHOEVER READ THE MOTION CAN JUST SAY, PLEASE OMIT THE OKAY. GUTTER THE COMMISSIONER. MAN. I'M, I'M NOT OPPOSED EITHER WAY. YEAH, I, WELL, I THINK, UM, SO I'M, I'M OKAY ADMITTING, UM, THE GUTTERS, BUT I WOULD RECOMMEND TO THE OWNER THAT THEY SERIOUSLY CONSIDER THAT JUST BECAUSE IT, UH, YOU KNOW, THAT WILL CAUSE SOME RUNOFF THERE, BUT I DON'T THINK THAT'S GOING TO IMPACT THE NEIGHBOR. SO I DON'T HAVE AN ISSUE WITH, UH, WITH THAT BEING STRICKEN IN FRONT. OKAY. SO LET ME JUST CLARIFY. IF, IF YOU ENCOURAGE IT AND THEY DECIDE TO GO WITH IT, THEN THEY WON'T BE ABLE TO DO IT. I DIDN'T UNDERSTAND WHAT YOU JUST SAID, . YEAH, THE, THE, THE, SO STAFF IS SAYING THAT IF THE MOTION INCLUDES, DOES NOT INCLUDE GUTTERS AND THEY CAN'T PROVIDE GUTTERS. IS THAT WHAT YOU'RE SAYING? DOES [01:15:01] THAT MAKE SENSE? BECAUSE RIGHT NOW IT'S ALLOWING THE, THE GUTTERS AS PART OF THE REQUEST, BUT OH, BECAUSE IT OMITTING IT BECAUSE THEY'RE NOT PUTTING THE GUTTERS ON THE, ON THE PROPERTY LINE SIDE, IT WOULD ONLY BE IN THE FRONT. SO IT'S A, IT'S PRACTICALLY IRRELEVANT. I MEAN, BUT IT DOESN'T MATTER. WE'LL JUST CONTINUE AS RED THEN. OKAY. I, I'M STILL CONFUSED, BUT I'M, I'LL CONTINUE AS RED. ALL RIGHT. LET'S HAVE A ROLL CALL. VOTE PLEASE. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. THIEL. YES, I CONCUR WITH THE FINDINGS OF FACT. MS. LYNN. I CONCUR. MR. ALBERT. I CONCUR. MR. MENCHACA. I CONCUR. MR. VASQUEZ. I CONCUR. MR. CRUZ. I CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR. MR. OZUNA. I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. UH, CONGRATULATIONS YOU GET WITH STAFF IF YOU HAVE ANY QUESTIONS. ALL RIGHT, NEXT CASE. ITEM EIGHT. UM, ITEM NUMBER EIGHT, BO O 8 2 2 1 0 3 0 0 1 7 0 LOCATED AT 5 5 1 DEYA IN COUNCIL DISTRICT NUMBER FOUR. UM, THE APPLICANT BEING FERNANDO TORRES CASTILLO. UM, ONE A REQUEST FOR A THREE FOOT SPECIAL EXEMPTION FROM THE MAXIMUM THREE FOOT SOLID FENCE HEIGHT TO ALLOW A SOLID SCREEN FENCE TO BE SIX FEET TALL ALONG THE FRONT YARD. UM, A RE TWO, A REQUEST FOR A TWO FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A FENCE TO BE 13 FEET FROM THE CURB. UM, AND THREE, A REQUEST FOR A TWO FOOT VARIANCE FROM THE FIVE FOOT MINIMUM SIDE PROPERTY SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE THREE FEET FROM THE SIDE PROPERTY LINE. OUR CURRENT ZONING IS R SIX RESIDENTIAL SINGLE FAMILY. UM, THERE'S AN EXISTING SINGLE FAMILY DWELLING ON THE PROPERTY AND THE APPLICANT HAS CONSTRUCTED A SOLID SCREEN FENCE PAST THE FRONT FACADE OF THE FENCE WITHOUT PERMITS. UM, A SOLID SCREEN FENCE PASSED THE FRONT FACADE OF THE HOME, UH, MUST HAVE A MAXIMUM HEIGHT OF THREE FEET IS PERMITTED BY RIGHT. ADDITIONALLY, UM, STAFF OBSERVED THE FENCE TO BE ENCROACHED IN TWO, TWO FEET INTO THE CLEAR VISION FIELD, MAKING IT 13 FEET FROM THE CURB. STAFF ALSO OBSERVED AN EXISTING CAR PORT THAT MEASURED THREE FEET FROM THE SIDE PROPERTY LINE. UM, THERE'S A CURRENT PICTURE OF THE SITE PLAN WHERE THE HIGHLIGHTED AREAS WHERE THE FENCE IS AT AND SOME OF THE PROPOSED THAT HAVE SENT TOWARDS THE FRONT. UM, SO THAT IS SOME OF THE AREAS AROUND THE SUBJECT PROPERTY. THE SUBJECT PROPERTY ITSELF. UM, YOU CAN SEE THE FENCE AS WELL TO THE LEFT AND THE KIND OF THE CARPORT, HOW IT STICKS OUT. YOU CAN SEE THE CARPORT RIGHT THERE ON THE RIGHT SIDE AND THE FENCE, HOW IT GOES PAST THE FRONT FACADE AND THEN SOME OF THE SURROUNDING AREAS. PLEASE NOTE THAT THERE ARE NO SIMILAR FENCES IN THE AREA. UM, FOR THE RECOMMENDATION FOR THE CARPORT SIDE SETBACK VARIANCE STAFF RECOMMENDS APPROVAL FOR A TWO FOOT VARIANCE FOR FROM THE FIVE FOOT MINIMUM SIDE PROPERTY SETBACK TO ALLOW STRUCTURE TO BE THREE FEET FROM THE SIDE PROPERTY LINE BO O 8 2 2 1 0 301 7 0 BASED ON THE FOLLOWING FINDINGS OF FACT, THE CARD REPORT HAS SUFFICIENT SPACE FROM THE SIDE PROPERTY LINE AND THE VARIANCE REQUEST DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. UH, THE CLEAR VISION, CLEAR VISION VARIANCE RECOMMENDATION, UM, STAFF RECOMMENDS DENIAL OF REQUEST, UM, FOR REQUEST FOR A TWO FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A FENCE TO BE 13 FEET FROM THE CURB AND BO O A 2 2 1 0 3 0 0 1 7 0 BASED ON THE FOLLOWING, FINDING OF FACT, UM, THE FENCE CAN BE ALTERED TO MEET THE CLEAR VISION STANDARDS. THE FRONT YARD SPECIAL FRONT FENCE, SPECIAL EXEMPTION, UM, STAFF RECOMMENDS DENIAL FOR OF A REQUEST FOR A THREE FOOT SPECIAL EXEMPTION FROM THE MAXIMUM THREE FOOT SOLID FENCE HEIGHT TO ALLOW SOLID SCREEN FENCE TO BE SIX FEET TALL ALONG THE FRONT YARD AND B O A 22 1 0 3 0 0 1 7 0 FACING THE FOLLOWING FINDINGS OF FACTS. UM, THE FRONT YARD FENCE IS SIX FEET AND APPEARS TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND THE FRONT YARD. UM, FANS VIOLATE THE CURE VISION STANDARDS. UH, THERE ARE NOTIFICATION PLAN. THERE WERE 20 NOTICES MAILED. THERE WERE SIX IN FAVOR FROM THE A PETITION PROVIDED BY THE APPLICANT. UH, THERE WERE NONE IN OPPOSITION AND THERE WAS NO RESPONSE FROM THE ADAM HILLS AND RAINBOW HILLS AREA NEIGHBORHOOD ASSOCIATIONS. UM, THAT CONCLUDES STAFF PRESENTATION AND THE APPLICANT IS PRESENT. SO BEFORE YOU GO, TWO QUESTIONS. WHICH NEIGHBORHOOD ASSOCIATION IS THIS PROPERTY LYING IN? BOTH. IT'S IN BOTH. OKAY. I THOUGHT ONE WAS IN THE 200 FEET. IT IS BOTH. I MEAN, ONE'S THEM IS WITHIN THE 200 FOOT RADIUS, LIKE WITHIN THE NOTIFICATION AREA, THEN ONE IS IN IT. THAT'S WHAT I WAS WHICH ONE IS IT ACTUALLY WITHIN, DO YOU RECALL? UH, I CAN'T REMEMBER OFF THE TOP OF MY HEAD. UH, WE'LL VERIFY THAT FOR YOU, JUST A MOMENT. AND THE SECOND QUESTION IS, THE FINISH SIDE OF THE WOOD FENCE APPEARS TO BE ON THE NEIGHBOR'S PROPERTY. UH, DID, DID, DID THAT DISCUSSION HAPPEN OF WHO ACTUALLY OWNS THAT FENCE OR DID THE [01:20:01] NEIGHBOR PARTICIPATE AND IS A CO-OWNER OF FENCE? UM, AS FAR, UM, I DO NOT HAVE ANY INFORMATION IF THE NEIGHBOR LIKE, UM, PARTICIPATED IN THE BUILDING DEFENSE. AS FAR AS I KNOW, IT'S JUST ONLY THE APPLICANT. BECAUSE THE REASON WHY I ASK IS IF THERE WERE TO BE GRANTED TODAY AND IT, AND, AND, AND THE NEIGHBOR WAS THE ONE BECAUSE IT'S THE FINISHED SIZE IS ON HIS FENCE, WOULDN'T HE ALSO HAVE TO COME FORTH WITH AVAR VARIANCE AS WELL? 'CAUSE IT'S COMMON? NO, I GUESS IT'S FOR YOUR STAFF OR LEGAL. WELL, IT'S GONNA BE, I MEAN IT'S, IT'S GOTTA BE, UM, PER THE LEGAL THAT WE, WE PUBLISHED AND THE ADDRESS WE PUBLISHED. SO IF HE, HE'S THE APPLICANT AND HE'S STATING THAT 5 51 DEYA AND THE, THE LEGAL OF LOT 27 IS WHERE THE FENCE IS LOCATED, IT WOULD BE OKAY. HIS RESPONSIBILITY. ALRIGHT. THANK YOU. MANNA. COMMISSIONER KAPLAN, WAS THERE A PERMIT FOR THIS FENCE? I DON'T REMEMBER. NO, THERE WAS NOT. NO, THERE WAS NOT. MANNA COMMISSIONER MANNA. UM, SO I'M LOOKING AT THE AGENDA AND THE ADV, THE ADDRESS IS LISTED AS 1 5 5 1 DEYA. AND SO DOES THAT, WHAT WAS, ARE WE 5 5 5? FIVE FIVE. THERE'S AN EXTRA ONE ON THERE. IT'S FIVE FIVE ALSO THIS PROPERTY IS LOCATED IN RAINBOW HILLS WITHIN 200 FEET OF ADAMS HILLS NEIGHBORHOOD ASSOCIATION. THANK YOU BRAGMAN. COMMISSIONER BRAGMAN, UH, THIS QUESTION FOR STAFF. IT APPEARS IN THIS PICTURE, UM, IF YOU CAN SCROLL TO, UM, THE PICTURE OF THE TWO HOUSES WITH A SOLID SCREEN. THAT ONE, IT APPEARS THAT THERE'S A, A, UH, CHAIN LINK FENCE ON, ON THE NEIGHBOR'S PROPERTY AND LOOKS TO BE AT THE SAME DISTANCE FROM THE CURB. IS THAT CORRECT? YEAH, IT'S SIMILAR IN THE CURB. UM, I'M PRETTY SURE THAT'S PROBABLY NON-CONFORMING AS WELL BECAUSE IT IS ALSO A CORNER LOT. UM, BUT IT'S PREDOMINANTLY OPEN, BUT OKAY. I, I NEED TO, BUT IT'S THE SAME DISTANCE FROM THE CURB AS, AS THE SUBJECT FENCE. IT APPEARS SIMILAR EVEN FURTHER. IT LOOKS LIKE THE CHAIN LINK MAY BE EVEN CLOSER TO THE, IT MIGHT, IT'S A LITTLE BIT CLOSER TO CHAIN LINK. YES. TO THE CURB. WHEN, WHEN I WAS DID THE S PHASE, IT WOULD BE JUST, JUST A LITTLE BIT FURTHER. IT WILL NOT SIGNIFICANTLY. OKAY. THANK YOU CRUZ. COMMISSIONER CRUZ. UM, QUESTION FOR STAFF. SO YOU'RE SAYING THAT THE SOLID FENCE, UH, IS IN CLEAR VISION AND YOU, AND I'M NOT SURE, BUT I THOUGHT I HEARD Y'ALL SAY THERE'S NOT ANOTHER ONE IN THE AREA. IS THAT CORRECT? THAT'S NOT, NOT SIMILAR STYLED, NO. THERE MAY BE CHAIN LINK ONES, BUT, UM, PREDOMINANTLY SOLID SCREENED. WELL, RIGHT, THERE'S THE ONLY ONE, NO SOLID SCREEN. OKAY. THAT'S WHAT I WANTED TO MAKE SURE. THANK YOU. AND DID, UH, WE, WE SEE PICTURES OF THE FENCE ON THE WEST SIDE OF THE PROPERTY IS A FENCE ON THE EAST SIDE. DID YOU OBSERVE THAT CONSTRUCTED? YEAH, IT'S, IT'S THE SAME. IT'S EXACT SAME. IT'S THE SAME. OKAY. IF YOU PULL UP THE SITE PLAN, UH, YOU CAN SEE IT'S PRETTY SIMILAR. UM, IT'S PRETTY INACCURATE REPRESENTATION OF WHAT IT IS. UM, THE FRONT PART OF IT WHERE IT SAYS THE MASONRY PART OF IT'S NOT BUILT YET. UM, FROM LAST TIME I WENT. THE REASON I ASK IS, UH, ON THE SIDE PLAN PROVIDED THERE'S A DIMENSION OF 15 FEET FROM THE CURB TO THE SIX FOOT PRIVACY WOOD FENCE. AND I WAS JUST WONDERING HOW THAT THAT AFFECTED THE CLEAR VISION VARIANCE. 'CAUSE THEY HAD SAID IT WAS 13. SO WHENEVER WE GO OUT THERE, I ALWAYS DOUBLE CHECK. OKAY. SO I ALWAYS, YOU KNOW, MEASURE IT MYSELF. AND WHEN, WHEN I MEASURED, IT CAME OUT TO 13 FROM THE EDGE OF THAT FENCE TO THE CURVE. OKAY. THANK YOU. AND THERE'S NOTHING ELSE FOR THE STAFF. WE'LL HEAR, UH, HEAR FROM THE APPLICANT. ALRIGHT. IF THE ASK APPLICANT PRESENT, PLEASE COME FORTH. UH, STAFF SAYS, DO YOU RECOGNIZE, OH, LEMME GET THE INTERPRETER. OKAY. OKAY. UM, OKAY. FERNANDO TORRES, MY NAME IS FERNANDO TORRES. [01:25:06] YOU JUST MOVE JUST A LITTLE BIT CLOSER TO THE MIC. THE PERMIT I WANT IS FOR FENCE IN FRONT AND I WANTED TO, TO LOOK LIKE THIS. SAY IT LOUDER, PLEASE. SAY IT LOUDER PLEASE. THE PERMIT I WANT IS TO BUILD A FENCE IN THE FRONT OF THE PROPERTY THAT LOOKS LIKE THIS. SO THE MADERA, AND THE REASON WHY I MADE THE PART IN WOOD IS BECAUSE MY NEIGHBOR HAS A LOT OF PROBLEMS WITH HIS LANDLORD. SO I, I WANTED TO AVOID THAT. AND IT'S THE REASON WHY I PUT THAT, UH, WOOD PIECE IN THERE. JUST WHAT THE WOOD, THE WOODEN PART, HE HAS A LOT OF PROBLEMS. MY LANDLORD HAS A LOT OF PROBLEMS WITH MY NEIGHBOR TO THE LEFT AND THAT'S THE REASON WHY I CLOSED THE FENCE. OKAY. ALRIGHT. IS, UH, UM, ANY QUESTIONS FOR THE APPLICANT? CRUZ, COMMISSIONER CRUZ? UM, SO MAYBE I'M NOT UNDERSTANDING HIM CORRECTLY OR IN THE TRANSLATION I'M LOSING SOMETHING. UM, IS HE SAYING HE'S NOT THE OWNER OF THE PROPERTY AND THE OWNER OF THE PROPERTY IS GIVING HIM PERMISSION TO MAKE ALL THESE IMPROVEMENTS? NO, I AM THE OWNER OF THE PROPERTY. OKAY. SO DOES THAT MEAN THE NEXT DOOR NEIGHBOR IS A RENTED HOUSE? MY NEIGHBOR AT MY RIGHT. I KNOW HE RENTS, BUT IN THE LEFT, I DON'T KNOW IF HE'S RENTED OR NOT. I'M JUST WONDERING BECAUSE HE'S SAYING THAT HE PUT UP THE FENCE BECAUSE OF THE PROBLEMS WITH THE NEIGHBOR AND THE LANDLORD. SO I'M TRYING TO FIGURE OUT WHICH LANDLORD HE'S TALKING ABOUT. I, I HAD HEARD HE HAD MENTIONED THAT THE LANDLORD WAS HAVING PROBLEMS WITH THE TENANT. YEAH, THAT'S WHAT, ON THE RIGHT SIDE? YEAH, ON THE RIGHT SIDE. WITH NO COMMENT ON THE LEFT SIDE AS NO TO THE LEFT. OKAY. THAT'S WHAT I THOUGHT HE HAD SAID. OKAY. THANK YOU. OKAY. ALRIGHT. COMMISSIONER KAPLAN THE PERMISSION, EXCUSE ME IF THERE'S ONLY PROBLEMS ON THE LEFT, IT LOOKS LIKE IT'S ON BOTH SIDES. THE LEFT AND THE RIGHT. WHY DID YOU PUT THAT UP TOO? I HAD A PERMIT TO DO THAT AND YOU GUYS TOLD ME THAT I COULD DO IT. I INQUIRE AMONG MY NEIGHBORS AND NOBODY WAS IN DISAGREEMENT. SO STATS, IS THERE A PERMIT, APPLICATION AND PROCESS AT THIS TIME? IT'S SHOWING THAT THERE IS A PERMIT FROM JULY THE SEVENTH FOR A RESIDENTIAL FENCE PERMIT, BUT YEAH, BUT SEE HE'S NOT ON A CORNER LOT, SO THEY WOULDN'T DO AN INVESTIGATION OR GO THROUGH A THOROUGH REVIEW. IT'S AS LONG AS HE FOLLOWS A CODE AND YOU'LL GET A PERMIT. SO. CORRECT. THAT'S SO JUST, YOU KNOW, UNLESS YOU'RE ON A CORNER LOT, THE, THE REVIEW'S DIFFERENT. SO THEY, HE, HE WOULD'VE JUST GOTTEN A PERMIT TO BUILD IT PER CODE. PER CODE. PER CODE. RIGHT. SO HE DOES HAVE A PERMIT, BUT IT'S, HE DIDN'T, BUT IT'S NOT FOR THIS NOW. AND SO THE QUESTION IS, WHO OBJECTED TO THIS? HOW DID THIS COME TO THE ATTENTION OF THE PLANNING DEPARTMENT? OH NO. HE RECEIVED A PERMIT ON THE CONDITION THAT HE BUILT IT TO CODE. IT WASN'T BUILT FOR CODE. SO IT BECAME A CODE COMPLIANCE ISSUE. SO SOMEBODY FROM THE CITY CAME OUT. IS THAT, IS THAT WHAT HAPPENED? AND AFTER YOU RECEIVED THE PERMIT, HOW, HOW DID THIS COME TO THE TENSION OF YEAH, SO THE PERMIT THAT WAS TURNED IN DID NOT HAVE ANY SIX FOOT FENCE IN THE FRONT FACADE. SO, YEAH. UM, JUST LIKE HE SAID, IT WAS AFTER HE BUILT IT, IT BECAME A CODE COMPLIANCE ISSUE BECAUSE IT WASN'T BUILT TO STANDARD. OKAY. MANNA COMMISSIONER MANNA, THE PERMIT I WANT IS TO BUILD IN THE FRONT. YEAH. UM, BEFORE WE GO TO COMMISSIONER MANNA, UM, WHEN YOU PULL A, A FENCE PERMIT, THE CODE REQUIRES YOU, UH, ALLOWS YOU TO HAVE A CERTAIN HEIGHT LIMIT IN THE [01:30:01] FRONT YARD. AND THAT'S THREE FEET, UH, FIVE FEET IF IT'S PREDOMINANTLY OPEN. SO THE FENCE THAT GOES ALONG THE FRONT, WHICH IS, WHICH IS A METAL FENCING WITH, UH, MASONRY COLUMNS COULD MEET THE PREDOMINANTLY OPEN. BUT THE SIX FOOT TALL WOOD FENCE, ONCE YOU ARE IN THE FRONT OF THE HOME, IT CAN'T BE HIGHER THAN THREE FEET. OKAY. AND THE APPLICATION, IT LOOKS LIKE HE ORIGINALLY WROTE SIX FEET IN THE FRONT, BUT IT WAS SCRATCHED OUT AND HE PUT, OR WHOEVER TURNED THIS IN, PUT FIVE FEET. SO THAT'S PROBABLY WHAT'S CAUSING THE CONFUSION. OKAY. COMMISSIONER MANA . OKAY. SO, UM, SO A, A PICTURE WAS SHOWN AT THE BEGINNING OF THE PRESENTATION FOR A PREDOMINANTLY OPEN, UH, FENCE THAT HAD STONE PILLARS. AND THE QUESTION I HAVE FOR THAT IS, UH, WERE THE HEIGHTS OF, WAS THE HEIGHT OF THOSE STONE PILLARS? FIVE FOOT. AND THEN THE SECOND QUESTION THEN WOULD BE, UM, YOU KNOW, ANYTHING FORWARD OF THE FRONT OF THE HOME, UM, BY RIGHT. CAN BE THREE FOOT SOLID SCREEN FENCING. UM, AND SO, SO WHAT IS THE, UM, WHAT IS YOUR DRIVER FOR HAVING THE ADDITIONAL, UH, THREE FOOT OF SOLID SCREEN ALONG THE SIDES? UH, SOLO IN THE FRONT IT IS ALWAYS A 18, UM, INCHES. AND THEN THE FENCE, I THINK THE, THE, THE QUESTIONING IS, IS THAT IF HE WANTS A SOLID FENCE IN THE FRONT, ON THE SIDE, IN THE FRONT, THE HEIGHT LIMIT IS THREE FEET. IF YOU, FOR A WOOD FENCE, BUT YOU HAVE A SIX FOOT FENCE, CAN YOU EXPLAIN WHY YOU NEED IT TO BE TALLER THAN THREE FEET? NO, SOLO IS A, A TIP FENCE. I JUST LIKE THE DESIGN OF THAT FENCE. OKAY. IS IT JUST A DESIRED HEIGHT? BUT IF I NEED TO CUT IT DOWN, I COULD. OKAY. COMMISSIONER MANER. SO IF IT, IF THE FENCE OF THE FRONT WAS PROBABLY OPEN AT FIVE FOOT AND THAT WAS THE HEIGHT AROUND THE SIDES, UM, THEN THE ONLY ISSUE WOULD BE, UH, CLEAR VISION. WOULD THAT BE CORRECT? SO IF IT WAS FIVE FOOT FRONT AND SIDE, SO HE STILL HAS A PRIVACY FENCE IN THE FRONT FACADE. UM, EVEN IF, EVEN IF HE'S PERMITTED FIVE FEET, BUT IT HAS TO BE PREDOMINANTLY OPEN. CORRECT. SO, BUT IF IT WAS PREDOMINANTLY OPEN, THEN HE WOULD BE PERMITTED TO HAVE THAT. AND THE ONLY CHALLENGE THEN AT THAT POINT WOULD BE, UH, THE CLEAR VISION, UM, UM, RESTRICTION. RIGHT? CORRECT. OKAY. OKAY. SO ANY OTHER QUESTIONS? AND, AND JUST SO EVERYONE KNOWS THAT THE, THE PICTURE THAT HE, THAT THE APPLICANT SHOWED WAS SOMETHING HE DESIRED. IT DIDN'T HAVE ANY SPECS TO IT. WE DON'T KNOW HOW TALL THAT FENCE WAS OR, OR ANY OTHER THAN A LOOK. SO, UM, JUST PUTTING THAT OUT THERE. UM, WITH THAT, UH, IS THERE ANYTHING YOU'D LIKE TO ADD TO, SIR, IN CLOSING? OH, OKAY. AND STAFF. THAT'S IT. THANK YOU. STAFF. IS THERE ANY PUBLIC COMMENTARY? ANY VOICEMAILS? THERE'S NO PUBLIC COMMENT. ALRIGHT. UM, THANK YOU VERY MUCH SIR. UH, WE'RE LOOKING FOR A MOTION, UM, COMMISSIONER CRUZ. OKAY. UH, REGARDING CASE NUMBER BO A 22 103 0 0 1 7 0, I MOVE THAT THE BOARD OF ADJUSTMENT GRANTEE REQUEST FOR A ONE, A REQUEST FOR THREE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM THREE FEET SOLID FENCE HEIGHT TO ALLOW A SOLID SCREEN FENCE TO BE SIX FEET ALONG TALL ALONG THE FRONT YARD TO A REQUEST FOR A TWO FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW FENCE TO BE 13 FEET FROM THE CURB. AND THREE, A REQUEST FOR A TWO FOOT VARIANCE FROM THE FIVE FOOT MINIMUM SIDE PROPERTY SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE THREE FEET FROM THE SIDE PROPERTY LINE SITUATED AT 7 5 5. IT'S 7 5 5. RIGHT. COMMISSIONER CRUZ, HOLD ON A SECOND. IS THIS MOTION READ FOR THE SPECIAL EXCEPTION AND THE VARIANCE AT ONCE? THEY HAVE TO BE SEPARATE, RIGHT? YES, WE CAN DO 'EM SEPARATE, BUT THEY HAVE TO BE, DON'T THEY? BECAUSE YES. OKAY. [01:35:01] SO COMMISSIONER CRUZ WOULD, WOULD LIKE TO DO THE VARIANCE OR THE SPECIAL EXCEPTION FIRST. THERE SHOULD BE TWO SEPARATES ON THAT MOTION. IT'S ON HERE AS A, AS COMBINED. IT SHOULD BE CUT OFF ON THE PAGE. WE JUST DIDN'T SEPARATE IT BY PAGE. UM, OKAY. UH, CONTINUE. COMMISSIONER CRUZ, I APOLOGIZE. OH, YOU WANT ME TO START AGAIN? UH, I, I BROUGHT IT UP BECAUSE, UH, ITEM NUMBER ONE OF THE SUGGESTED TEMPLATE IS FOR THE SPECIAL EXCEPTION AND THEN ITEM NUMBER TWO AND THREE GO INTO VARIANCES. CORRECT. SO, UM, IF YOU COULD JUST REPEAT THE SPECIAL EXCEPTION PORTION NUMBER ONE, MA'AM, AND THEN WE'LL, UM, YOU'LL BE ABLE TO ENTERTAIN THE, THE VARIANCES AFTER THAT. OKAY. SO WE WILL LEAVE IT AT A REQUEST FOR THREE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM THREE FEET SOLID FENCE HIGH TO ALLOW A SOLID SCREEN FENCE TO BE SIX FEET TALL ALONG THE FRONT YARD. WELL, AND ALSO THE TEMPLATE ALSO SUGGESTS THAT THERE'S A STRUCTURE WITHIN, UH, A VARIANCE FOR A STRUCTURE WITHIN THE SIDE PROPERTY LINE. I DIDN'T RECALL HEARING THAT IN THE APPLICATION. THIS WAS JUST FOR A FENCE AND A CLEAR VISION. CORRECT? CORRECT. THAT'S WHAT I HEARD ALSO CORRECT. THERE'S NO STRUCTURE. ALRIGHT. SO COMMISSIONER CRUZ, YOU JUST HAVE TO IGNORE UH, ITEM NUMBER THREE FROM THE SUGGESTED TEMPLATE AND JUST MAKE ONE AND TWO, TWO DIFFERENT ONES. MAYBE START OFF WITH THE VARIANCE MIGHT BE EASY. , THAT MIGHT BE A LITTLE BIT EASIER. YEAH, IT LOOKS LIKE THE ADDRESS IS WRONG ON THE TEMPLATE. IT'S 5 5 1 DEIA. OKAY. UM, SO LET ME SEE. WE'RE GONNA DO THE, UH, THE SPECIAL EXCEPTION OR THE VARIANCE? I WOULD DO THE VARIANCE 'CAUSE IT'S PROBABLY EASIER TO CONVERT. OKAY. THE TEMPLATE. OH, HOLD ON. SO IT WOULD BE ON THE SECOND PAGE, IS THAT CORRECT? UH, NO. YOU WOULD JUST READ THE FIRST PAGE AND JUST YOU ONLY READING FOR, UH, THE SUGGESTION FROM FOR TWO. OKAY. JUST IGNORE ONE AND THREE ON THE, YEAH. OKAY. SO THEN, UH, THE SPECIAL EXCEPTION NUMBER TWO. NUMBER TWO. OKAY. OKAY, I GOT IT. OKAY. TWO AND THREE. NO, NO, JUST TWO. 'CAUSE THREE IS FOR, SHOULDN'T EVEN BE THERE AT ALL. UH, OKAY. DON'T, YEAH, JUST READ IT AND JUST IGNORE ONE, IGNORE THREE, JUST HIT STRAIGHT, STRAIGHT TWO. OKAY. UM, OKAY. REGARDING CASE NUMBER B A 22 103 0 0 1 7 0, I MOVE AT THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A SPECIAL, A REQUEST FOR A TWO FOOT VARIANCE FROM THE MINIMUM 15 FEET CLEAR VISION REQUIREMENT TO ALLOW FENCE TO BE 13 FEET FROM THE CURB. SPECIFICALLY WE, OH, I'M SORRY. SITUATED AT 5 5 1 DELMA APPLICANT BEING FERNANDO TORRES CASTILLO. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH THAT A, THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WILL RESULT IN A NECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE CARPORT VARIANCE REQUEST DOES NOT APPEAR CONTRARY TO THE PUBLIC INTEREST DUE TO THE LIMITED SPACE EXISTING ON THE PROPERTY AND THE EXISTING CONCRETE SLAB. UH, OKAY. THERE'S NO CARPORT. UM, NO, THIS IS JUST A FENCE. YEAH. FENCE. YEAH. THAT'S WHAT IT SAYS. IF YOU DON'T MIND, I'LL, I CAN READ THIS. I, I'LL JUST, I I WILL LET YOU, SIR. OKAY. I'M GONNA, I'M GOING TO READ THIS MOTION, UH, REGARDING CASE NUMBER BO EIGHT DASH 22 103 0 1 70 AND MOVE TO THE BOARD ADJUSTMENT. GRANTED REQUEST FOR A TWO FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW OFFENSE TO BE 13 FEET FROM THE CURB, UM, SITUATED AT 5 5 1 DEYA APPLICANT BEING FERNANDO TORRES CASTILLO BECAUSE THE TESTIMONY PRESENTED US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE APPLICANT IS REQUESTING A VARIANCE OF THE CLEAR VISION STANDARDS TO ALLOW A SOLID SCREEN FENCE TO BE 13 FEET FROM THE CURB ALONG THE DRIVEWAY APPROACH. AS IT STANDS THAT 13 FEET WILL BE SUFFICIENT FOR CLEAR VISION DUE TO SPECIAL CONDITIONS. THE LIBERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. THE CLEAR VISION STANDARDS VARIANCE WOULD BE IN AN S C R SHIP AS A VARIANCE WOULD BE TO RELOCATE A PORTION OF THE FENCE OR TO REDUCE THE HEIGHT OF THE REAR YARD FENCE TO THREE FEET TO ALLOW FOR CLEAR VISION, UH, VISIBILITY NEXT TO THE DRIVEWAY. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND THE SUBSTANTIAL JUSTICE WILL BE DONE. THE VARIANCE TO THE CLEAR VISION REQUIREMENTS OBSERVED [01:40:01] THE SPIRIT OF THE ORDINANCE AS 13 FEET OF CLEAR VISION FIELD WILL BE SUFFICIENT FOR VEHICLES. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. UH, NO OTHER USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH, WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE VARIANCE OF THE CLEAR VISION STANDARDS DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. IF GRANTED SIX APPLIED TO THE OWNER OF THE PROPERTY OF WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. DEFENSE WAS BUILT BY THE APPLICANT MEETING THE CLEAR VISION REQUIREMENT WILL CREATE A FINANCIAL HARDSHIP SECOND AND A MOTION SECOND BY COMMISSIONER MANNA. UM, I HAVE NO ISSUE WITH THE CLEAR VISION ON THIS. IT'S ONLY TWO FEET OFF AND, UH, NO ONE SEEMS TO BE OPPOSED TO IT FROM THE NEIGHBORS COMMISSIONER AMANDA, UH, FRIENDLY AMENDMENT, UH, TO, UH, CHANGE FENCE TO BE PREDOMINANTLY OPEN FENCE. UM, SO YOU SPACE SPECIFIED FENCE, I WOULD LIKE TO STATE PREDOMINANTLY OPEN. SO, UH, YOU'RE, YOU'RE, YOU'RE REQUESTING AMENDMENTS FOR THE FIRST TWO FEET OF THE SIDE FENCE TO BE PREDOMINANTLY OPEN, UH, FOR THE, UM, FOR EVERYTHING CONSIDERED WITH REGARDS TO CLEAR VISION TO BE PREDOMINANTLY OPEN. UM, OKAY, LET'S SEE. LET ME DO IT THIS WAY. I AM GOING TO, UM, WANT TO HEAR COMMENTARY FROM COMMISSIONERS FIRST IF I, IF I HEAR, UH, I, I, UH, KAPLAN I WOULD AGREE WITH COMMISSIONER MANNA. OKAY. I AMEND THE MOTION TO GO AHEAD. OKAY. I, I DON'T AGREE 'CAUSE I THINK IT'S GONNA BE ADDRESSED. WHEN WE GET TO THE FENCE HEIGHT, IS THERE ANY OF THE COMMISSIONER THAT WOULD BE AN OPPOSITION TO HAVING, UH, A PREDOMINANTLY A SOLID FENCE WITHIN TWO FEET OF THE FRONT? OKAY. I AM NOT GONNA CHANGE THE MOTION. UM, AND SO IF COMMISSIONER MAN WOULD LIKE TO MAKE IT A FORMAL AMENDMENT, I WILL NOT BE OFFENDED. I'M SORRY. FORMAL AMENDMENT. I WOULD LIKE TO MAKE A FORMAL AMENDMENT. OKAY. WE HAVE A SECOND BY COMMISSIONER. I SECOND. ALL RIGHT, LET'S WE'RE, IT'S A FORMAL AMENDMENT SO THAT, UH, ANY PORTION OF THE FENCE WITHIN 15 FEET OF THE CURB SHALL BE PREDOMINANTLY OPEN. UH, STAFF, PLEASE TAKE A ROLL CALL. VOTE ON THAT AMENDMENT. MS. KAPLAN. I CONCUR. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. LYNN. I CONCUR. MR. ALBERT I CONCUR. MR. MENCHACA I CONCUR. MR. VASQUEZ. I CONCUR. MS. CRUZ. I CONCUR. MS. BRAGMAN, I'M OPPOSED. MR. THIEL? YES, I CONCUR. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN. UH, I'M OPPOSED. UH, MOTION PASSES NINE TO TWO. SO THE AMENDMENT IS OF OFFICIALLY AMENDED. THE MOTION IS OFFICIALLY AMENDED SUCH THAT, UH, UM, ANY PORTION OF THE FENCE CONSTRUCTED WITHIN THE 15 FOOT CLEAR VISION REQUIREMENT, UH, TO BE PREDOMINANTLY OPEN. UH, SO WITH THAT, IF THERE'S ANY, UH, COMMENTARY ON THE AMENDED MOTION? WELL, ONLY ON THE FRONT THEN. THIS IS ONLY FOR THE CLEAR VISION. WE, IT'S ONLY WITHIN THE FIRST 15 FEET. SO WHAT NOW? SO THE FIRST TWO FEET OF THE SIDE IS NOW GOING TO BE PREDOMINANTLY OPEN IF THIS PASSES S SO I GUESS I'M, SO ARE WE NOW HAVING DISCUSSION TO CONSIDER THAT MOTION? YES. AS AMENDED. OKAY. SO, SO, UH, MY, MY DISCUSSION, I GUESS IS, UM, THAT THAT IS, WHAT IS THAT THE, UH, APPLICANT SUBMITTED AND SO THEY SUBMITTED A PREDOMINANTLY OPEN, UH, FENCE. AND THAT'S, UM, WHY IT IS THAT I'M SUGGESTING THAT. OKAY. UM, SO WHAT, WHAT HAPPENS IS, IS, UM, THE SITE PLAN THAT WE RECEIVED SHOWS THE FE THE FRONT FENCE, UH, TO BE 15 FEET FROM THE CURB STAFF MEASURED IT TO BE 13. UM, SO THAT MEANS THAT THEY'RE, THE, THE APPLICATION WAS SAYING THAT THEY WANT A SOLID SCREEN FENCE ON THE SIDE, BUT A PREDOMINANTLY OPEN ALONG THE FRONT. SO THIS MOTION, IF THIS WERE TO PASS, WOULD REQUIRE THE FIRST TWO FEET OR, UM, AS IT ME, DEPENDING ON WHOSE MEASUREMENT WAS, I GUESS ACTUALLY CORRECT. UM, THE APPLICANT OR, OR STAFFS, I'M THINKING STAFFS AT THIS POINT, BUT IT WOULD, THE FIRST TWO FEET OF THE SIDE FENCE ON EITHER SIDE WOULD HAVE TO BE PREDOMINANTLY OPEN. THAT'S THE SCOPE OF THE MOTION THAT WE'RE BEFORE US TODAY. 'CAUSE WE'RE ONLY DEALING WITH CLEAR VISION. NOTHING ELSE. OKAY. AND THAT DOES NOT MEAN THAT THE REST OF THE HOUSE, REST OF THE FENCE, THAT'S SIX FEET REST OF THE SIDE THAT GOES FENCE NOT INCLUDED. IT'S NOT INCLUDED. OKAY. SO, UH, WITH THAT, IF THERE'S NO, ANY OTHER COMMISSIONER, UH, UM, STATEMENTS OR INPUT COMMENTS, NO. OKAY. LET'S HAVE A ROLL CALL. VOTE PLEASE. OKAY, MS. LYNN? I [01:45:01] CONCUR. MR. ALBERT. I CONCUR. MR. MENCHACA I CONCUR. MR. VASQUEZ. I CONCUR. MS. CRUZ, I CONCUR. MR. MANNA, I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN, I CONCUR. MS. KAPLAN I CONCUR. MR. THIEL? YES, I CONCUR. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT MOTION AS AMENDED PASSES. UH, AND NOW WE'RE GONNA HAVE A MOTION FOR THE SPECIAL EXCEPTION. IF ANYONE WOULD LIKE TO DO IT, I'LL BE MORE THAN HAPPY TO. OKAY, I'LL GO AHEAD AND TAKE A STAB AT IT. UH, LET'S SEE HERE. I DROP MY THING DOWN. OKAY, DAM. REGARDING CASE NUMBER VO EIGHT DASH 22 DASH 1 0 3 0 1 70, I MOVE TO THE BOARD OF ADJUSTMENT CANNER REQUEST FOR A THREE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT SOLID FENCE HEIGHT TO ALLOW A SOLID GREEN FENCE TO BE SIX FOOT TALL, UH, ALONG THE FRONT YARD. UM, LET'S SEE, SITUATED AT 5 5 1 DEYA, THE APPLICANT BEING FERNANDO TORRES CASTILLO, BECAUSE THE TESTIMONY PRESENTED WITH 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 AMENDMENT WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT, UM, 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 A FENCE SITE MODIFICATION. THE ADDITIONAL FENCE SITE WAS OBSERVED UPON THE SITE VISIT, AND IF GRANTED, THE STAFF FINDS A REQUEST WOULD BE IN HARMONY WITH A SPIRIT AND PURPOSE OF THE ORDINANCE. B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THESE CRITERIA REPRESENTED BY FENCE HEIGHT TO PROTECT RESIDENTIAL PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY, THE FENCE IS LOCATED ALONG THE FRONT PROPERTY AND IS EXCEEDING THE MAX HEIGHT REQUIREMENT BY THREE FEET. THE FENCE IS SOLID, SCREENED AND WOULD SERVE THE PUBLIC WELFARE AND CONVENIENCE. C THE NEIGHBORING PROPERTY, WHILE NOT SUBSTANTIALLY INJURED BY SUCH PROPOSED USE FENCE, WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT PROPERTY, BUT IS UNLIKELY TO SUBSTANTIALLY INJURE ANY NEIGHBORING PROPERTIES. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND THE LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE ADDITIONAL HEIGHT FOR THE SECTION OF THE 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 HEREIN ESTABLISH FOR THE SPECIFIC DISTRICT. THE CURRENT ZONING PERMITS THE CURRENT USE OF A SINGLE FAMILY HOME. THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. END OF MOTION. AGAIN, WE HAVE A SECOND BY COMMISSIONER KAPLAN. MM-HMM. , UH, I'M NOT OPPOSED, UH, TO THE SIX FOOT FENCE. THERE WASN'T ANY NEIGHBORS THAT WERE, UH, AGAINST IT. UH, AND, UH, WITH THE CLEAR VISION AS, AS WE READ BEFORE, WOULD, WOULD REQUIRE THAT IT WOULD BE BROUGHT BACK TO BE PREDOMINANTLY OPEN FROM 15 FEET FROM THE CURB. SO I'M AS READ, I'M NOT OPPOSED. YEAH. COMMISSIONER KAPLAN? YEAH, I, I'M AGAINST, UM, SIX FEET FENCE. I, I WOULD LIKE TO SEE THREE FEET TO THE, UH, HOUSE LINE. OKAY. UH, IS THERE ANY OTHER COMMISSIONERS I'D LIKE TO ADD? MANNA. COMMISSIONER BRAGMAN? UH, I HAVE A QUESTION. THE APPLICANT SAID THAT HE'D BE WILLING TO CUT THE FENCE DOWN TO THREE FEET ON THE SIDE. HE DID SAY THAT. SO, UH, WITH THAT, I'M, I'M MANNA ANYBODY LIKE YES. COMMISSIONER MANNA. SO, UM, I WON'T BE VOTED IN, UH, FOR THIS, UH, SIMPLY BECAUSE, UH, THE, YOU KNOW, WE RESOLVED A CLEAR VISION AND THE FENCE THAT WAS PROVIDED ACROSS THE FRONT. UM, IF, UH, BY, BY BY RIGHT. HE'S ALLOWED TO HAVE THE SAME FENCE GO ALL THE WAY ALONG THE FRONT SIDE. AND SO THAT PROVIDES SECURITY, UM, AND EVERYTHING ELSE. SO, SO I I THINK BY, BY NOT VOTING FOR IT, HE'LL STILL BE ABLE TO HAVE A NICE FIVE FOOT FENCE WRAPAROUND. THAT IS CORRECT. UM, I JUST SO EVERYONE KNOWS, I'M NOT OPPOSED TO IT BEING PREDOMINANTLY OPEN. I'M NOT OPPOSED TO IT BEING FOUR FOOT TALL, BUT I THINK HE'S TRYING TO, UH, COMPLETELY SECURE HIS FRONT YARD, APPARENTLY PUTTING IN A GATE AT SOME POINT. AND SO I JUST WANTED TO MAKE SURE HE HAS THAT ASPECT OF SECURITY. AND I KNOW A WOOD FENCE IS A LOT CHEAPER THAN A, UH, PREDOMINANTLY OPEN, UH, ROD, IRON OR MASONRY PRODUCT LIKE WE HAD SEEN ALONG THE FRONT. SO, UM, I'M COMPLETELY OPEN TO SUGGESTIONS. WE'VE, IF, IF THIS MOTION WERE TO FAIL, HE'S NOTHING STOPPING THE APPLICANT FROM CUTTING IT DOWN TO THREE FEET AS HE HAD STATED, UH, OR BY PUTTING IN A FIVE FOOT TALL ROD IRON ON THE SIDE. SO THAT'S MANNA. WHAT'S BEFORE COMMISSIONER MANNA? UM, ALSO YOU, SO I DROVE DOWN THE WHOLE STREET AND THERE ISN'T A SINGLE WOODEN FENCE IN ANYBODY'S FRONT YARD ON, ON THE ENTIRE STREET. UH, IT'S PREDOMINANTLY CHAIN LINK FENCE. AND SO, UM, SO, SO THIS WOULD BE KIND OF OUTTA CHARACTER REALLY WITH THE REST OF THE NEIGHBORHOOD TOO, SO, OKAY. YEAH, I, I ALSO HAVE A PROBLEM THAT THE PERMIT, I DON'T KNOW HOW THEY GOT A FIVE FOOT PERMIT, BUT IT WAS BUILT IN SIX FEET. SO IF WE GIVE THEM PERMISSION TO DO THIS, WHO KNOWS WHAT'S GONNA GET BUILT. ALRIGHT, ANYONE ELSE? ALL RIGHT, LET'S HAVE A ROLL CALL. VOTE CHAIR. ORIAN. UH, I WILL BE AGAINST CHANGING MY MIND MS. KAPLAN. I DO NOT CONCUR. [01:50:01] MS. LYNN. 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. MS. BRAGMAN. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. TEAL? YES, I CONCUR. MR. OZUNA? YES, I CONCUR. ALL RIGHT. MOTION FAILS IS NINE TO MR. DOES NOT CONCUR WITH THE FINDINGS OF FACT . OH, DO THEY THEN CALL YOUR NAME? SO THE MOTION FAILS NINE TO TWO. AND, UM, IF STAFF COULD PLEASE GET WITH THE APPLICANT AND EXPLAIN WHAT EXACTLY WE, WE EITHER APPROVED, APPROVED, OR DID NOT APPROVE TODAY, SO THAT HE, HE CAN MOVE FORWARD AND, AND, AND MAKE, UH, HIS, UH, DECISION ON WHAT HE'S GONNA DO WITH THIS FENCE ACCORDINGLY. THANK YOU. ALL RIGHT. ITEM NINE, . GOOD AFTERNOON. ITEM NUMBER NINE IS FOR CASE BO O A DASH 22 DASH 1 0 3 0 0 1 72 LOCATED AT EIGHT 20 WEST FRENCH PLACE WITHIN COUNCIL DISTRICT TWO, THE APPLICANT BEING A NAOMI VIDA IS A REQUEST FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A DETACHED ACCESSORY STRUCTURE WITH OVERHANGING GUTTERS TO BE ONE INCH FROM THE SIDE PROPERTY LINE. THE PROPERTY IS OWNED RMM FOUR RESIDENTIAL MIXED DISTRICT. THE SUBJECT PROPERTY IS SITUATED IN THE ALTA VISTA NEIGHBORHOOD AND HAS A DUPLEX ON THE PROPERTY. THE APPLICANT CONSTRUCTED A DETACHED ACCESSORY STRUCTURE WITHOUT A PERMIT AND A CODE INVESTIGATION WAS OPEN IN AUGUST, 2022. MEASUREMENTS OBTAINED DURING A SITE VISIT CONFIRMED THAT THE DETACHED ACCESSORY STRUCTURE IS ONE FOOT FROM THE SIDE PROPERTY LINE. THE STRUCTURE HAS AN 11 FOOT INCH, I MEAN, EXCUSE ME, AN 11 INCH OVERHANG. THEREFORE THE REQUEST IS FOUR FOUR FOOT 11 INCH VARIANCE TO ALLOW THE STRUCTURE TO MAINTAIN ONE INCH FROM THE SIDE PROPERTY LINE. DETACHED ACCESSORY STRUCTURES ARE REQUIRED TO MAINTAIN A MINIMUM SIDE SETBACK, UH, AND REAR SETBACK OF FIVE FEET. THE STRUCTURE IS 80 SQUARE FEET AND IS BEING UTILIZED AS A STORAGE SHED AND HAS OVERHANGING GUTTERS. DUE TO THE SIZE OF THE DETACHED STRUCTURE, A PERMIT IS NOT REQUIRED. HOWEVER, THE SETBACK REQUIREMENTS ARE STILL ENFORCED. THIS IS THE SITE PLAN THAT WAS SUBMITTED BY THE APPLICANT. AND THEN HERE'S ANOTHER SITE PLAN. THIS IS THE SUBJECT PROPERTY, THE NEW DETACHED STRUCTURE. THIS IS THE, UH, DETACHED STRUCTURE AND THE SIDE, THIS IS THE OVERHANG ON THE STRUCTURE, THE MEASUREMENT TAKEN FOR THE SIDE. THIS IS A VIEW OF THE REAR ACCESSORY STRUCTURE. UM, JUST A VIEW OF THE GUTTERS. AND THEN THIS IS THE REAR YARD. SO ONE THING I WANNA POINT OUT IS THAT, UM, BECAUSE IT'S A DUPLEX, THE REAR YARD IS SEPARATED OR IT APPEARS TO BE SEPARATED, THIS IS A SURROUNDING AREA. AND THEN ANOTHER VIEW OF THE SURROUNDING AREA. SO FOR THE SIDE SETBACK, VARIANCE STAFF RECOMMENDS DENIAL WITH AN ALTERNATE RECOMMENDATION OF A TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SETBACK REQUIREMENT TO ALLOW DETACHED ACCESSORY STRUCTURE TO BE THREE FEET FROM THE SIDE PROPERTY LINE BASED ON THE FOLLOWING FINDINGS. ONE, THE STRUCTURE IS CURRENTLY ONE INCH FROM THE SIDE PROPERTY LINE. TWO, A SIDE SETBACK OF THREE FEET WOULD PROVIDE ADEQUATE SPACING BETWEEN THE SUBJECT PROPERTY AND THE NEIGHBORING PROPERTY. AND THREE, A SIDE SETBACK OF THREE FEET DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. WE MAILED OUT 38 NOTICES. WE RECEIVED ONE IN FAVOR, ONE IN OPPOSITION, AND WE DID NOT RECEIVE A RESPONSE FROM ALTA VISTA NEIGHBORHOOD ASSOCIATION. THE NEXT COUPLE OF SLIDES WILL SHOW THE RESPONSE THAT WE RECEIVED BOTH IN FAVOR, AND THEN THE NEXT ONE WILL BE IN OPPOSITION. UM, THIS DOES CONCLUDE STAFF'S PRESENTATION, AND WE DO HAVE THE APPLICANT HERE TO, UM, ANSWER ANY QUESTIONS. AND, UH, BEFORE YOU GO, DID YOU OBSERVE THIS ON A CONCRETE PAD? UM, YES, I BELIEVE SO. CAN YOU GO BACK? OKAY. THANK YOU. YEAH. ALL RIGHT. UH, IS THE APPLICANT PRESENT? ALL RIGHT. COME ON UP AND STATE YOUR NAME AND LET US KNOW ABOUT YOUR CASE. YES, UHHUH, THE APPLICANT. OKAY. HELLO. IF YOU COULD PLEASE STATE YOUR NAME AND YES, LET US KNOW ABOUT YOUR CASE. GOOD AFTERNOON. MY NAME IS NAIMA VIVAS. MY HUSBAND AND MY HUSBAND GIO AND I ARE THE HOMEOWNERS OF EIGHT 20 WEST FRENCH PLACE. WE PURCHASED THIS DUPLEX, UH, LAST YEAR. SO MY FATHER-IN-LAW, MIGUEL, WHO RELOCATED FROM DALLAS DURING THE PANDEMIC, COULD LIVE IN ONE UNIT, A YOUNG FAMILY OF THREE LIVES. IN THE SECOND UNIT, WE [01:55:01] DECIDED TO CONSTRUCT A SMALL SHED TO HOUSE MY FATHER-IN-LAW'S, TOOLS, LAWN EQUIPMENT, AND SEASONAL ITEMS. MR. CHAIR, IS THERE A WAY SHE CAN GET CLOSER TO MIKE? I CAN'T HEAR HER. SORRY. SO SORRY. CAN YOU HEAR ME? YES. PRIOR TO BEGINNING THE CONSTRUCTION, WE CONTACTED D S D AND WE WERE TOLD THERE WERE NO RESTRICTIONS OR PERMITS NEEDED AS LONG AS THE SHED WAS LESS THAN 300 SQUARE FEET. THE SHE, THE SHED, WHICH IS BUILT ON A CONCRETE SLAB, IS 80 SQUARE FEET. AFTER THE CONSTRUCTION OF THE SHED WAS COMPLETE, WHERE WE WERE INFORMED THAT THE SITE OFFSET TO THE EAST IS BELOW THE REQUIREMENT, WE ARE REQUESTING A VARIANCE OF BUILDING SETBACK. APPROVING THIS VARIANCE WOULD NOT BE CONTRARY TO PUBLIC INTEREST AS THE SHED IS WITHIN OUR, WITHIN OUR PROPERTY AND DOES NOT AFFECT NEIGHBORING PROPERTIES IN ANY WAY. EXCUSE ME. GUTTERS HAVE BEEN ADDED TO ENSURE RAINWATER DOES NOT AFFECT THE NEIGHBORING PROPERTY TO THE EAST. UM, I TRULY FEEL THIS SHED DOES NOT CREATE ANY HAZARD OR SAFETY CONCERNS AS NO FLAMMABLE MATERIALS ARE STORED WITHIN THE SHED AND NO ELECTRICAL WIRING OR PLUMBING ARE ASSOCIATED WITH THE SHED. THIS VARIANCE WILL NOT ALTER THE, UH, WILL NOT ALT ALTER THE ESSENTIAL CHARACTER OF THE ALTAVISTA DISTRICT. CONSTRUCTION OF THE SHED WAS COMPLETED TO MAINTAIN THE ESSENTIAL CHARACTER OF THE DISTRICT AND NEIGHBORHOOD. WE ARE SEVERAL PROPERTIES WITH EXISTING STRUCTURES AND SHEDS THAT, BUT UP TO THEIR PROPERTY LINE. WE SEE THIS THROUGHOUT THE NEIGHBORHOOD ON WEST FRENCH PLACE, INCLUDING BOTH NEIGHBORING PROPERTIES TO THE EAST AND WEST OF EIGHT 20 FRENCH. A LITERAL ENFORCEMENT OF THIS ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIPS. THE SHED CON THE SHED. CONSTRUCTION IS COMPLETE AND BUILT ON A CON, CONCRETE, CONCRETE SLAB. IN ORDER TO COMPLY WITH THE ORDINANCE, THE SHED WOULD HAVE TO BE DEMOLISHED, RECONSTRUCTED, WHICH WOULD PLACE AN UNNECESSARY HARDSHIP OF TIME, MATERIAL, AND FINANCES ON THE PROPERTY OWNERS, AS WELL AS DEBRIS, NOISE, AND INCONVENIENCE TO THE NEIGHBORS AND TENANTS OF THE PROPERTY. I UNDERSTAND THIS STAFF RECOMMENDATION IS TO DECREASE THE OFFSET TO THREE FEET. HOWEVER, DOING SO WILL WILL STILL RESULT IN AN UNNECESSARY, IN THESE UNNECESSARY HARDSHIPS. UH, TO MODIFY THE SETBACK. WE ARE WILLING TO REMOVE THE GUTTERS IF THE BOARD MEMBERS AND NEIGHBORS SEE THIS AS FIT. UH, WE ARE EXCITED TO BE A PART OF THE ALTA VISTA. COMMUNITY. WE WISH TO HAVE A GREAT RELATIONSHIP WITH OUR NEIGHBORS AND NEIGHBORHOOD ASSOCIATION. WE APPRECIATE THE WORK OF D S D AND THIS BOARD OF ADJUSTERS. THANK YOU FOR YOUR TIME AND CONSIDERATION. ALRIGHT, THANK YOU. UH, SIT TIGHT FOR A SECOND. UH, STAFF, IS THERE ANY PUBLIC COMMENTARY? YES, WE HAVE, UM, ONE PUBLIC SPEAKER. THIS IS JULIA. OKAY. SO WHAT WE'RE GONNA DO IS WE'RE GONNA OPEN THIS UP TO QUESTIONS FOR YOU FIRST. OKAY. UH, AND THEN WE'LL HEAR FROM, UH, THE CITIZENS SIGN UP TO SPEAK. SO IS THERE ANY, UH, QUESTIONS FOR THIS APPLICANT? BRAMAN COMMISSIONER BRAGMAN? UM, SO THE, UH, THERE'S A PICTURE THAT SHOWS THE DOWNSPOUT OF THE GUTTER. UM, STAFF CAN BRING THAT UP. THAT ONE, IT APPEARS THAT THE, THE DOWNSPOUT THAT THE WATER IS GONNA RUN TOWARDS THE NEIGHBORS. IS THAT CORRECT? IT, IT APPEARS SO, YES. OKAY. SO IS IT POSSIBLE THAT IT COULD BE TURNED? SO IT, ABSOLUTELY, YEAH. OKAY. THANK YOU. ANY OTHER QUESTIONS? SO, I HAVE A QUESTION ON THE SITE PLAN, IT, IT SHOWS THE EIGHT BY 10 SHED AND WHERE IT LIES, BUT IT ALSO SHOWS THAT YOU HAVE A, AT LEAST A 21 FOOT WIDE REAR PORTION OF THAT, OF THAT DUPLEX UNIT'S YARD IN AN EXTENSIVE AMOUNT OF ROOM. WHY, WHY, WHAT IS A HARDSHIP WHERE THE SHED COULDN'T JUST BE MOVED OVER? AND BECAUSE IT'S CONSTRUCTED ON THE CONCRETE SLAB ALREADY. UM, SO WE WOULD HAVE TO DEMOLISH IT. IS THIS, IS THIS ONE OF THE, UH, PREFAB SHED THAT CAN JUST BE LIFTED OFF AND NO, IT'S ENFORCED INTO THE CONCRETE. OKAY. . AND WE, UM, ALSO, UM, THE SIDE, THE DRIVEWAY, IT LEADS UP RIGHT TO THE DRIVEWAY. SO WE, MY FATHER-IN-LAW CAN PULL HIS TRUCK UP AND LOAD AND UNLOAD HIS LAWNMOWER. HE COMES OVER AND MOWS OUR LAWN PRETTY FREQUENTLY. OKAY. MANNA. THANK YOU. COMMISSIONER MANNA. SO I, I GUESS I WOULD QUESTION THE SLAB ITSELF. AND SO I KNOW THAT, YOU KNOW, THEY'RE, THEY MOVE WHOLE HOMES, YOU KNOW, THAT ARE SITTING ON SLABS AND SO, SO THEY, THEY FIND WAYS TO PIN IT AND THEN ACTUALLY USE HOIST TO KIND OF MOVE IT. SO, SO IS THERE SOMETHING UNIQUE WITH REGARDS TO THE SLAB THAT WOULD PREVENT IT FROM SLIDING ON? YOU KNOW, YOU KNOW, YOU KNOW, ON THE GROUND, UH, SO, YOU KNOW, IT IS REINFORCED. UM, I'M NOT SURE EXACTLY THE TERMINOLOGY USED, BUT, OKAY. AND THEN, UM, IT, IT APPEARS THAT THIS SIDE OF THE SHED IS, UH, WHAT WOULD YOU SAY WAS THE DISTANCE FROM [02:00:01] THE SIDE, THE SIDE OF THE SHED TO THE NEIGHBOR'S WALL THERE? SO IT LOOKS PRETTY NARROW. SO WHAT WOULD YOU SAY THE DISTANCE IS? UM, I DON'T HAVE THE, DO YOU HAVE THE, IS THERE PRETTY CLOSE? SO THAT, THAT IS, UM, FROM OUR FENCE. SO THAT'S 11 INCHES. AND I BELIEVE THEIR, THEIR PROPERTY BUTTS UP TO, UM, AS PER THE SURVEY, THEIR STRUCTURE BUTTS UP TO OUR PROPERTY LINE. SO I'M NOT SURE. SO, SO I HAVE A QUICK THIS QUESTION'S FOR, UH, STAFF. SO IF, IF THERE'S A, UH, STRUCTURE THAT GETS PUT IN PLACE THAT'S LESS THAN FIVE FOOT, UM, REQUIRES, UM, I GUESS FIRE UPGRADES, RIGHT? AND SO, SO IF IT IS THAT, UM, UH, THIS SHOULD BE APPROVED, WOULD THE NEIGHBOR THEN BE FORCED TO DO FIRE UPGRADES ON THEIR HOME? THEY WOULDN'T BE REQUIRED TO DO THE UPGRADES ON THEIR HOME. UM, THAT IS GOING TO BE A PROVISION THAT THE FIRE REVIEWERS WILL LOOK AT AND THE FACT THAT IT'S AN ACCESSORY STRUCTURE. UM, THEY MAY HAVE RECOMMENDATIONS AS FAR AS WHAT CAN BE STORED AS FAR AS FLAMMABLE MATERIALS INSIDE OF THE, THE SHED. OKAY, THANK YOU. ANY OTHER HEL, COMMISSIONER MIN CHAKA, WHEN YOU CONSTRUCTED THIS SHED OR WHEN THIS SHED WAS CONSTRUCTED? I'VE NEVER SEEN A ROOF BELOW A LEATHER ROOF. THAT WAS, FIRE CONSIDERATIONS BROUGHT INTO THE PICTURE THAT FIRE ON ONE ROOF COULD JUMP TO THE END, VICE VERSA, LIGHTNING, WHATEVER, REGARDLESS OF THE CONTENTS THAT'S IN THE, IN THE SHED. UM, I'M NOT SURE. I THINK THAT WHAT, WHAT WE WERE TRYING TO DO IS MAIN, YOU KNOW, KEEP IT AS, UM, SMALL OF A STRUCTURE AS POSSIBLE. UM, SO WE THOUGHT TO BUILD HIGHER TO PROVIDE US WITH MORE STORAGE SPACE. THANK YOU. UH, ANY OTHER COMMISSION? COMMISSIONER LYNN? YEAH. SO YOU SAID YOUR FATHER'S STORAGE IS TOOLS IN THERE, YOU SAID, RIGHT? MM-HMM. , HE'S A RETIRED MECHANIC AS WELL AS A LAWNMOWER? UH, YES. WHAT KIND OF LAWNMOWER IS IT? IS IT GAS OR ELECTRIC? IT'S, I WOULD SAY IT'S AN ELECTRIC, BUT I'M NOT SURE TO BE HONEST WITH YOU. OKAY. THANK YOU. ALRIGHT. ALL RIGHT. IF THERE'S NO OTHER QUESTIONS, WE'LL HEAR FROM THE CITIZEN SIGN UP TO SPEAK. WE MIGHT HAVE MORE QUESTIONS FOR YOU. IF YOU COULD JUST, UH, PLEASE, UH, TAKE A SEAT AND YEAH. SO, UM, MISS, YOU CAN COME ON. COME ON UP. AND YOU ARE THE ONE THAT SIGNED UP? CORRECT. OKAY. STAFF IS THERE, WAS THERE ONE PERSON, UH, SIGNED? IT WAS JUST ONE, ONE PERSON SIGNED UP. WELL, IF I NEED HIM, CAN I? NO, HE CAN BE THERE. OH, OKAY. IT'S MY HUSBAND. OKAY. WE ARE, PLEASE START OFF WITH YOUR NAME AND ADDRESS. YES. I'M JULIA VALDEZ. THIS IS MY HUSBAND JOSE VALEZ. AND I BROUGHT MY REALLY CLOSE. OH, THERE YOU GO. I'M JULIA VALDEZ. CAN YOU HEAR ME? YES, MA'AM. AND THIS IS MY HUSBAND, JOSE VALDEZ. AND I BROUGHT ALONG MY GRANDSON WHO'S OFF TODAY. AND UH, WE'RE, UM, LET ME SEE THE CASE NUMBER. 1 0 3 0 0 1 7 2. AND WE ARE AGAINST THAT SHED OR STORAGE THAT WAS BILLED NEXT TO US. AND UH, UM, I HAVE BEEN LIVING IN THE NEIGHBORHOOD FOR MORE THAN 40 YEARS. WE HAVE, AND WE'VE ALWAYS ABIDE BY EVERYBODY'S RULES, LAWS, AND CODE COMPLIANCE AND EVERYTHING. WE NEEDED SOMETHING WE CALL CODE COMPLIANCE AND YOU KNOW, IN CASE WE HAD NEIGHBORS THAT WERE NOT SO FRIENDLY, WHATEVER. AND, UH, UH, WHEN WE WERE BUILDING OUR SIX INCH, UH, UH, FENCE. BUT THE ISSUE TODAY IS THE ONE NEIGHBOR AT EIGHT 20 WAS FRENCH. I DID NOT KNOW WHO THE OWNER WAS. I DO NOT KNOW WHO THE RENTAL WAS, NAMES OR ANYTHING LIKE THAT. AND, UH, WHEN THEY STARTED BUILDING THIS SHED, I APPROACHED THE OLDER MAN THAT WAS GONNA LIVE THERE AND I SAID, YOU'RE TOO CLOSE TO ME. HE SAID, NO. SO I JUST WALKED AWAY. I DIDN'T LISTEN TO HIM ANYMORE BECAUSE I KNOW HE WASN'T GONNA LISTEN TO ME. SO AFTER THE FACT THAT, UH, THAT I STILL WAS VERY WORRIED BECAUSE I SAW IT TOO CLOSE. I CALLED CON UH, CO COMPLIANCE AND I ASKED, TALKED TO A LADY AND I SAID, THIS IS WHAT'S HAPPENING. AND SHE SAID SOMEBODY ELSE, SOMEBODY OUT THERE. MAYBE TWO, THREE DAYS LATER, I CALL IN AND I SAID, WELL, WE HAVE THIS PARTICULAR PROBLEM, THIS PERSON ON THE NEXT DOOR, THE SHED, THE STORAGE ROOM IS TOO CLOSE TO US. I SEE DANGER, [02:05:01] I SEE FIRE BECAUSE LIGHTNING OR ANYTHING THAT'S COMBUSTIBLE NEXT DOOR, IT'S GONNA HIT US FIRST IN THE BEDROOM AND YOU CAN REACH OUT AND I CAN TOUCH THE WALL TO HIS STORAGE. I HAVEN'T SEEN ANYTHING LIKE THAT IN THE NEIGHBORHOOD. AND THIS UPSET ME AND MY HUSBAND VERY MUCH. AND I SAID, WHY? WHY DID IT HAVE TO BE SO CLOSE TO US WHEN THERE'S A LOT OF YARD BACK THERE? HE COULD HAVE MOVED IT BACK AND WE WOULD'VE BEEN FINE. YOU KNOW, I'M A RETIREE. HE'S A RETIREE, ALSO A VIETNAM VETERAN ARMY. AND I SAYS, I'VE NEVER SEEN ROOF ON ROOF. MY HUSBAND SUGGESTED, I DON'T KNOW IF IT WAS A YOUNG OWNER OR THE OLDER ONE, AND SAID, WHAT ABOUT THE SHUTTERS? OH, OH, WE'RE GONNA, WE'RE GONNA PUT 'EM ON. I GUESS THAT WAS THE TIME THAT I DON'T LIKE THE SHUTTERS. THE WAY THAT THOSE SHUTTERS, THE WAY THEY'RE, WHAT DO YOU CALL 'EM? GUTTERS. GUTTERS. I'M SORRY. GUTTERS. I DON'T LIKE THE WAY THEY ARE BECAUSE YOU KNOW WHAT, IN THE FUTURE, AND WE'VE BEEN TALKING ABOUT THIS FOR A LONG TIME, IN THE FUTURE, THAT WATER IS GONNA SINK DOWN TO OUR HOME FOR OUR FAMILIES THAT ARE GONNA BE THERE AFTER WE'RE GONE. AND IT'S GONNA RUIN THE FOUNDATION. OKAY. AND OUR, THE FOUND, UH, THE, IT IS THE BACK. THE, THE HOUSE IS SET ON CEDAR POLES AND IT'S FOUR FEET HIGH ON THE BACK. 'CAUSE IT GOES DOWN AND I CAN, I'M FIVE FEET, BUT I CAN WALK UNDER THERE. SO THE WATER'S GONNA GO UNDER THERE AND IT'S GONNA FLOOD MY, MY FLOOR. AND THE INSURANCE IS GONNA, IT'S GONNA SAY MOTHER NATURE, YOU PAY FOR IT. SO, AND WE HAVEN'T SPOKEN TO OUR INSURANCE ABOUT THAT. 'CAUSE I DON'T WANT TO BECAUSE THEY'RE GONNA SAY, WE'RE GONNA CANCEL YOU BECAUSE WE'RE NOT GONNA BE RESPONSIBLE FOR THEM OR WHATEVER IT IS. BECAUSE NOWADAYS INSURANCES ARE SKYROCKETING FOR WHATEVER IT IS, CAR INSURANCE AND EVERYTHING ELSE. AND AS ALWAYS, WE'VE ALWAYS LOOKED AFTER OURSELVES. WE WANNA BE SAFE. WE WANT THE NEIGHBORS TO BE SAFE. YOU KNOW, WHEN THE OTHER SIDE, IF YOU'RE FACING THE STREET THIS WAY, EIGHT 20 IS ON MY LEFT AND MR. LOPEZ IS ON THE RIGHT HERE WHEN TREES ARE BANGING ON OUR ROOF UP HERE, HE CUTS 'EM, YOU KNOW, WE WORK, WE WORK WITH EACH OTHER, FINE. COME AND TELL ME. BUT WHEN I APPROACHED HIM AND TOLD HIM, HEY, THIS IS NOT RIGHT WHAT YOU'RE DOING, YOU'RE IN DANGER IN US. THIS IS WHAT IT, IT IS. OH YEAH. THANK YOU. THANK YOU VERY MUCH. IS THERE ANY QUESTIONS? MANANA, CITIZEN COMMISSIONER MANANA. SO, UM, SO THE, THE CITY HAS KIND OF TALKED ABOUT MAYBE, UH, AN AN ALTERNATIVE DIALOGUE WITH REGARDS TO HAVING THE SHED MOVE OVER AT LEAST THREE FOOT. WOULD THAT BE ENOUGH SPACE FROM YOUR PERSPECTIVE? UH, FROM THE SIDE, YOU KNOW, IT'S A SHAME. IT, YOU KNOW, THEY SHOULD HAVE CONSIDERED THE NEIGHBORS FIRST AND TALKED TO US ABOUT IT. BUT, BUT IF IT WAS PUSHED, PUSHED, PUSHED THREE, UH, TOWARDS THEIR HOME BY THREE FOOT, WOULD THAT, WOULD THAT, YEAH. 'CAUSE I DON'T LIKE THIS ROOF OVER A ROOF. RIGHT. YOU KNOW, IT'S, IT'S BAD. IT LOOKS VERY BAD. AND PLUS WE HAVE SNOW WITH, UH, , YOU KNOW, EVERYTHING'S GONNA GO TO MY, MY, MY PROP OUR PROPERTY, AND IT'S GONNA GO INTO THE HOUSE, YOU KNOW, AND IT'S LIKE I SAID, THE CEDAR POST AND IT'S, IT'S GONNA GO UNDER THERE. SO, SO YOU'RE NOT DAUGHTER'S POINTING THAT A WRONG DIRECTION REGARDLESS. IT'S WRONG, MAN. SO YOU'RE NOT OPPOSED TO IT BEING MOVED OVER THREE FEET? NO, THEY CAN, THEY CAN, I I WISH THEY WOULD MOVE IT BECAUSE IT'S, BUT THAT, BUT THAT'S, BUT THAT'S ACCEPTABLE, YOU KNOW, THREE, THE CODE REQUIRES, THE CODE REQUIRES REALLY, I WISH IT WOULD BE MORE THAN THREE FEET, BUT IF THAT ALL THEY CAN MOVE, BUT I SHOULD HAVE, IT SHOULD BE WHATEVER ELSE, MAYBE FIVE FEET OKAY. OR SOMETHING, BUT YEAH. YES MA'AM. FIVE FEET IS A, IS THE MINIMUM REQUIREMENT. YEAH. YES. WE ALL RIGHT. WE HAVE TO BUILD SOMETHING LIKE THAT. AND THEY TOLD US FIVE FEET AND WE DID FIVE FEET. SO YES SIR. WHAT'S THE DIFFERENCE FROM, YOU KNOW, ANOTHER PERSON, MINKA COMMISSIONER MINKA, UH, IF WE'RE GONNA PROPOSE OR SUGGEST SOMETHING LIKE THREE FEET, MAKE SURE THEY UNDERSTAND THAT IT'S THREE FEET FROM THE EDGE OF THE GUTTER ON THE ROOF. YEAH. WE'RE THE, THE REASON WHY WE'RE ASKING WHAT YOUR OPINION IS, IS THAT THE, THE CODE REQUIRES FIVE FEET. YEAH. BUT STAFF IS SAYING, RECOMMENDING THAT WE APPROVE THREE FEET. WELL, IF, WOULD YOU, IF THE, WOULD YOU BE OPPOSED TO IT BEING THREE FEET OR WOULD YOU, WELL, IF THEY MOVE THREE, WHY NOT GO FIVE? WHAT'S THEN YOU, THANK YOU FOR ANSWERING OUR QUESTIONS, . THANK YOU VERY MUCH. ALL RIGHT. IS THERE ANY OTHER QUESTIONS FOR THE, AND THANK YOU FOR BRINGING THE FIRE THING UP BECAUSE THAT'S WHAT IS REALLY, OKAY. SO WHAT WE'RE GONNA DO IS HERE FROM THE APPLICANT. SO, UH, IF THE APPLICANT COULD COME BACK UP, UM, THANK YOU VERY MUCH FOR YOUR INPUT. THANK YOU. MM-HMM. , WE'VE GOT A CARDBOARD THAT'S NOT IN PLANS, . SO, UM, YOU, YOU'VE HEARD QUESTIONS AND COMMENTARY IF YOU'D LIKE TO [02:10:01] TAKE A MINUTE TO PROVIDE ANY REBUTTAL OR CLOSING REMARKS. OKAY. SO I DID CHECK ON THE LAWNMOWER. IT IS GAS, UM, BUT THE GAS, GAS CANS ARE STORED IN A SEPARATE BIN, NOT IN THE STORAGE UNIT. UM, IN TERMS OF THE, THE BIG ISSUE ABOUT JUST MOVING IT, UM, SO WE HAVE OUR DROUGHT DRIVEWAY SLAB, AND IT'S LOCATED ON THE DRIVEWAY SLAB. SO, UM, WE WOULD HAVE TO BREAK THAT AND MOVE THE WHOLE STR OR DEMOLISH THE STRUCTURE. UM, YOU KNOW, I THINK THAT WE'RE JUST TRYING TO, WE, WE HAD MADE ATTEMPTS TO, UM, YOU KNOW, I'M SORRY WE'VE NEVER MET BEFORE, BUT MY FATHER-IN-LAW, I THINK HAS MET WITH YOU ALL BEFORE, UM, WHEN MY FATHER-IN-LAW TOLD ME THAT HE MET AND MY HUSBAND HAVE MET WITH MR. JOSE, UM, AND EXPLAINED TO HIM THE PLANS BEFORE WE STARTED CONSTRUCTION, WE INFORMED HIM WHERE WE WERE GONNA PUT THE, THE, THE SHED. AND HE NEVER OBJECTED OR SAID ANYTHING TO US. NO. AT LEAST THAT I KNOW OF. UM, AND MY HUSBAND, AFTER WE GOT NOTICE, UM, OF THE VIOLATION, WE ATTEMPTED TO CALL MR. JOSE WITH NO, NO ANSWER. SO, OKAY. WE DID ATTEMPT TO CONTACT, UM, THE NEIGHBORS ABOUT IT. ALL RIGHT. WELL, THANK YOU VERY MUCH. I'M GONNA CLOSE THE COMMISSIONER. MAYOR, I, I HAVE A QUESTION. I'M SORRY. SO, SO YOU'RE TRYING TO EXPLAIN ABOUT NOT BEING ABLE TO MOVE THE PAD BECAUSE IT'S ATTACHED TO THE DRIVEWAY OR 'CAUSE A PICTURE SHOWS A DRIVEWAY AND THEN IT SHOWS IT ENDING AND THEN THE PAD, UM, IF YOU BRING UP THE SITE PLAN, SO IT SHOWS LIKE A TWO FOOT GAP BETWEEN THE DRIVEWAY AND THERE. BACK UP ONE. THERE YOU GO. RIGHT THERE. SO IF YOU ZOOM IN, YOU CAN SEE THE DRIVEWAY ENDING AND THEN, AND THEN A PAD FOR WHAT APPEARS TO BE THE STORAGE SHED. SO, OKAY. SO THAT'S, THAT'S MY, UM, THAT'S INCORRECT. IT SHOULD, IT IS ALL ON THE SAME, UH, DRIVEWAY. SO IT'S, IT'S LOCATED ON THE EXISTING DRIVEWAY? YES. OKAY. SO THAT SQUARE SHOULD BE MOVED UP AND, AND BE ON TOP OF THE EIGHT FOOT THREE DIMENSION. YES. THAT YOU'RE SEEING, LIKE, YOU SEE THAT, YOU SEE WHERE IT SAYS EIGHT FOOT THREE. RIGHT? RIGHT ON. RIGHT ON THE EXISTING DRIVEWAY. SO WHAT SHE'S SAYING IS THAT, THAT THE, THE SQUARE REPRESENTING THE SHED SHOULD BE LOCATED RIGHT ON TOP OF THE EIGHT RIGHT ON TOP OF THAT DIMENSION. RIGHT. THAT I'M, THAT I'M CONFUSED ON THE PRIOR PICTURE. 'CAUSE IT DOES SHOW IT BEHIND THE HOUSE. AND SO, SO IT LOOKS LIKE, IT LOOKS LIKE THE CONCRETE ON THE SITE PLAN, WHICH IS NOT RELATED TO THE VARIANCE SHOULD BE FURTHER BACK. YEAH. THAT, THAT SITE PLAN JUST MAY BE A LITTLE OFF. IT'S THE SITE PLAN IS SHOWING YOUR EXISTING DRIVEWAY TO EXTEND SLIGHTLY BEHIND YOUR EXISTING HOME. AND, UH, AND IT DOES. YES. OH. UM, SO WHEN WE, UH, RESTORED THE HOME, UH, YOU ADDED AN, AN ADDITION TO THE REAR? YES. OKAY. SO THAT'S WHY IT LOOKS CONFUSING. THAT'S, YES. SO IF YOU GO TO THE, THE PICTURE THAT SHOWS, UH, THE TWO DOORS ON THE SHED, ONE OF THE FIRST PHOTOS STAFF, IF YOU COULD SCROLL DOWN A LITTLE. THAT ONE. THAT ONE. SO IF YOU LOOK TO THE LEFT OF THE SHED BETWEEN THE SHED AND THE HOME IN THE, IN THE REAR, YOU'LL, YOU'LL SEE A, A ROOF LINE THAT LOOKS A LITTLE KICKED IN FROM THE, FROM THE LINE OF THE EXISTING HOME. AND THAT, THAT, THAT IS AN ADDITION THAT WAS MADE, UM, AFTER THE SURVEY. SO THEN ON THAT PICTURE, THEN, UH, TO THE RIGHT OF THE SHED, THAT'S, THAT'S DIRT THEN. SO, OKAY. SO THEN POTENTIALLY A SLAB COULD BE PUT THERE AND THEN THE SHED SLID OVER ON TOP OF IT. OH, WAIT, I APOLOGIZE THAT THAT IS FROM THE NEIGHBOR'S HOUSE. YEAH, THAT'S THE NEIGHBOR'S. YEAH. SO WHAT, WHAT IT LOOKS LIKE IS HAPPENING IS, IS THE SHED IS LOCATED BEHIND THE HOME. WHAT DO YOU THINK? ABOUT FIVE FEET, SIX FEET. CORRECT? CORRECT. YEAH. SO I THINK IF YOU LOOK AT THE PICTURE WITH THE TRUCK IN THE DRIVEWAY, THE OTHER DIRECTION LOOKS LIKE IT'S THERE. THERE YOU GO. IF YOU BLOW THAT UP, I THINK YOU CAN SEE, NO. YEAH, IT DOES GO BEHIND. OKAY. ALL RIGHT. THAT CLOSES IT UP FOR ME. COMMISSIONER, MANDY, DO YOU HAVE ANY, ANY OTHER QUESTIONS? OKAY. SO IF THERE'S NOTHING ELSE, UH, WE'RE GONNA CLOSE THE PUBLIC HEARING AND WE'RE GONNA, UH, ENTERTAIN A MOTION. THANK YOU. MM-HMM. . I'M COMMISSIONER KAPLAN. OKAY, . OKAY. REGARDING [02:15:01] CASE REGARDING CASE, CASE NUMBER BO A 2 2 103 0 0 1 7 2, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR REQUEST FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK AS DESCRIBED IN SECTION 35 DASH 37 OH B ONE TWO, ALLOW A DETACHED ACCESSORY STRUCTURE WITH OVERHANG AND GUTTERS TO BE ONE INCH FROM THE SIDE PROPERTY LINE SITUATED AT EIGHT 20 WEST FRENCH PLACE APPLICANT BEING NAIMA VIDI BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WILL RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST BECAUSE THE DETACHED ACCESSORY STRUCTURE WITH OVERHANGING GUTTERS WILL NOT BE CONTRARY TO THE PUBLIC INTEREST. TWO, TWO, DUE TO SPECIAL CONSIDERATIONS, I'M SORRY, CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP BECAUSE THE DETACHED ACCESSORY STRUCTURE WOULD HAVE TO BE MOVED TO MEET THE FIVE FOOT SIDE SETBACK REQUIREMENT. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS THE VARIANCE FOR THE DETACHED STRUCTURE WILL NOT ADVERSELY AFFECT SURROUNDING PROPERTIES IN THE IMMEDIATE AREA. FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED AS THE PROPERTY IS ZONED RMM FOUR. AND THE USE OF THE PROPERTY IS A RESIDENTIAL MIXED DISTRICT. FIVE SUCH VARIS WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED BECAUSE THE DETACHED ACCESSORY STRUCTURE WILL MAINTAIN ONE FOOT, ONE FOOT. IS IT ONE INCH OR ONE FOOT? ONE INCH. YEAH, IT'S WRONG. IT SAYS ONE FOOT ON HERE. YOU CAN CORRECT IT ONE INCH FROM THE SIDE PROPERTY LINE AND OTHER STRUCTURES IN THE AREA MAINTAINED SIMILAR SETBACKS. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SAW AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. UM, STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO THE UNIQUE CIRCUMSTANCES OF THE PROPERTY. THE REQUEST DOES NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION. SECOND. SECOND BY COMMISSIONER MANOR. COMMISSIONER KAPLAN? YEAH, I I WILL NOT BE FOR THIS BECAUSE THERE IS, UM, IT WILL AFFECT THE ADJACENT PROPERTY OWNERS AND, UM, THERE'S PLENTY OF ROOM TO MOVE IN THE BACKYARD TO MOVE IT WHILE THE, I DO THINK THE JET IS VERY ATTRACTIVE, BUT I DO THINK THAT THERE, UM, UM, THERE IS ROOM TO MOVE IT AND THE NEIGHBORS WILL BE SUBSTANTIALLY AFFECTED. RIGHT. I COMMISSIONER, I CONCUR WITH MY COLLEAGUE. ANY OTHER COMMISSIONS LIKE THAT? HEARING NONE. LET HAVE A ROLL CALL VOTE MS. KAPLAN. I DO NOT, I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MS. LYNN. 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. MS. BRAGMAN. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. TEAL. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA. I DO NOT CONCUR. CHAIR ORIAN. I ALSO DO NOT CONCUR. A MOTION FAIL ZERO TO 11, UH, FOR THE APPLICANT. PLEASE GET WITH STAFF IF YOU HAVE ANY QUESTIONS. THANK YOU. WE'RE GONNA CALL A BREAK. UH, WE'LL SEE EVERYBODY BACK HERE IN EIGHT MINUTES. 3 27. ALL RIGHT, IT'S THREE TWENTY EIGHT. I CALL THE MEETING BACK TO ORDER. UH, I'M GONNA BE USING MY DISCRETION AS CHAIR TO MOVE ITEM NUMBER 14 UP NEXT. SO ITEM NUMBER 14 PLEASE. WHAT NUMBER IS THAT CHAIR? MR. CHAIR HERE. 180 4. UH, THIS IS FOR, UH, 1712 SAN PATRICIO BO O A 22 DASH 1 0 3 0 180 4. GOOD AFTERNOON, BO O A 1 0 3 0 0 1 8 4. ADDRESS IS 1712 SAN PATRIZIO COUNCIL. DISTRICT FIVE APPLICANT IS MICHAEL TAYLOR. A REQUEST FOR 11 FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW A SINGLE RESIDENCE, FAMILY RESIDENCE TO BE NINE FEET FROM THE REAR PROPERTY LINE ZONING IS R FOUR. SUBJECT PROPERTY IS LOCATED IN NEAR WEST SIDE OF SAN ANTONIO. WEST IS ZAMO STREET AND IS A SINGLE FAMILY, UH, RESIDENT LOT. 11 FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT IS BEING REQUESTED TO ALLOW THE PROPOSED SINGLE FAMILY RESIDENCE TO MAINTAIN NINE [02:20:01] FEET FROM THE REAR PROPERTY LINE, UH, SITE PLAN AND THE SUBJECT PROPERTY. THE SURROUNDING AREA RECOMMENDATION AND REAR SETBACK VARIANCE. STAFF RECOMMENDS APPROVAL M B O A 22 1 0 3 0 0 180 4 BASED ON THE FOLLOWING FINDINGS OF FACT, THE LOT IS CURRENTLY VACANT AND THE PROPOSED DWELLING UNIT WILL BE NEW CONSTRUCTION. THE SMALL SIZE AND CONFIGURATION OF THE LOT PRESENT HARDSHIPS TO NEW CONSTRUCTION WITH U D C SETBACK REQUIREMENTS IN PLACE. AND THREE, THE VARIANCE REQUEST DOES NOT APPEAR TO ALTER THESE CENTRAL CHARACTER TO DISTRICT NOTIFICATION. PLAN 48 NOTICES WERE MAILED OUT ONE IN FAVOR OUTSIDE OF THE 200 FEET. ONE IN, UH, ZERO IN OPPOSITION AND NO RESPONSE FROM OCHA NEIGHBORHOOD ASSOCIATION. AND THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. THANK YOU. AND I UNDERSTAND THERE'S NO PUBLIC COMMENT ON THIS, CORRECT? CORRECT. ALRIGHT, GREAT. IF THEA COMMISSIONER MANNA, UM, I'D LIKE TO POTENTIALLY MAKE A MOTION. IS THAT POSSIBLE? CAN WE HAVE A, CAN WE GO STRAIGHT TO A MOTION ON THIS ONE? I DON'T SEE COMMISSIONER MANNA. YEAH, NO. IF, IF Y'ALL DON'T HAVE ANY DISCUSSION OR ANYTHING, THEN YOU CAN MOVE TO, YEAH. AND FOR THOSE ON THE COMMISSION, THIS IS THE EXACT SAME, UH, SLOT LAYOUT AND PETITION THAT WE, THAT WE SAW, UH, FOUR WEEKS AGO OR THREE WEEKS AGO. UH, COMMISSIONER MAN. SO YEAH, IF NOBODY OBJECTS, SO CERTAINLY GONNA BRING UP THE DISCUSSION. UH, REGARDING CASE NUMBER BO A 2 2 1 0 3 0 0 1 8 4, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR 11 FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW A SINGLE FAMILY RESIDENCE TO BE NINE FOOT FROM THE REAR PROPERTY LINE SITUATED AT 1 7 1 2, UH, SAN PATRICIO, UH, APPLICANT BEING, UH, MICHAEL TAYLOR 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 LIBERAL 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 HAS REQUESTED A VARIANCE TO MAINTAIN 11 FOOT FROM THE REAR PROPERTY LINE, WHICH WOULD BE, WHICH WOULD NOT BE CONTRARY TO THE PUBLIC INTEREST AS GRANTING THE VARIANCES WOULD ALLOW THE DEVELOPMENT OF A SINGLE FAMILY RESIDENCE. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP BECAUSE OF THE INABILITY TO DEVELOP A SINGLE FAMILY RESIDENCE ON THE LOT. STAFF FINDS AN UNNECESSARY HARDSHIP AS A PROPERTY WAS PLOTTED IN 1924 IN ITS ORIGINAL CONFIGURATION AND DUE TO THE SHAPE OF THE LOT, PREVENTING THE STRUCTURE TO MEET THE REAR SETBACK REQUIREMENT. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS ALL SETBACKS ASIDE FROM THE REAR SETBACKS REQUIREMENT WILL BE MET. THEREFORE, THE REQUEST APPEARS TO OBSERVE THE SPARE OF THE ORDINANCE. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED AS A PROPERTY IS ZONED. R FOUR. AND THE USE OF THE PROPERTY IS A SINGLE FAMILY DWELLING. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE ADJACENT OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. BECAUSE THEIR PROPERTY IS PART OF THE ORIGINAL 36 SQUARE MILES OF THE CITY OF SAN ANTONIO, WHERE SMALLER LOTS ARE COMMONLY FOUND, SURROUNDING PROPERTIES DO NOT MAINTAIN THE SQUARE FOOTAGE REQUIREMENT EITHER. THEREFORE, INJURY TO ADJACENT PROPERTY IS UNLIKELY. SECOND SIX APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH IS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. IN ADDITION, A SETBACK REDUCTION TO THE REAR WOULD HELP ACCOMMODATE A REASONABLE SIZE RESIDENCE ON THIS LOT AND A MOTION. SECOND. SECOND BY COMMISSIONER KAPLAN. ANY DISCUSSION FROM COMMISSIONER MANNA? SO, UM, AS THIS IS REALLY CARBON CUT OF, OF, OR DUPLICATE OF THE PREVIOUS MOTION, UH, THAT WE HAD A COUPLE WEEKS AGO. UM, AND THERE IS NO, UH, OPPOSITION FROM IT FROM THE COMMUNITY AND, UH, WE DO, UM, THINK THAT THIS IS AN IMPORTANT, UH, ADDITION TO THIS COMMUNITY. SO I WILL BE VOTING IN FAVOR OF THIS COMMISSIONER KAPLAN. I AGREE. ALRIGHT, ANY OTHER COMMISSIONERS' LIKE TO ADD HEARING NONE? LET'S HAVE A ROLL CALL. VOTE PLEASE. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR. MS. LYNN. I CONCUR. MR. ALBERT I CONCUR. MR. MANCHACA I CONCUR. MR. VASQUEZ. I CONCUR. MS. CRUZ I CONCUR. MS. BRAGMAN I CONCUR WITH THE FINDINGS OF FACT. MR. TEAL? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA. I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. 11 TO ZERO. CONGRATULATIONS. ALRIGHT, ITEM NUMBER 10, PLEASE. [02:25:07] GOOD AFTERNOON. ITEM NUMBER 10 IS FOR CASE BO O A DASH 22 DASH 1 0 3 7 4. LOCATED AT 6 0 6 EAST HEART WITHIN COUNCIL DISTRICT FIVE, THE APPLICANT BEING HECTOR SANTIAGO IS A REQUEST FOR A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A DETACHED ACCESSORY DWELLING UNIT WITH OVERHANG TO BE THREE FEET FROM THE SIDE PROPERTY LINE. THE PROPERTY IS OWNED R FIVE RESIDENTIAL SINGLE FAMILY DISTRICT. THE SUBJECT PROPERTY IS LOCATED ON EAST HART AVENUE AND PROXIMITY MISSION ROAD AND CONTAINS A SINGLE FAMILY RESIDENCE WITH A DETACHED ACCESSORY STRUCTURE. THE APPLICANT BEGAN TO CONVERT THE STRUCTURE INTO AN ACCESSORY DETACHED DWELLING UNIT WITHOUT OBTAINING A PERMIT. UM, HOWEVER, THERE WAS NO CODE OF INVESTIGATION INITIATED. A PERMIT APPLICATION AND BUILDING PLANS WERE SUBMITTED TO DEVELOPMENT SERVICES DEPARTMENT IN EARLY 2022 FOR THE CONVERSION. DURING THE REVIEW PROCESS, STAFF NOTICED THAT THE STRUCTURE IS ONLY THREE FEET FROM THE SIDE PROPERTY LINE WITH A ONE FOOT OVERHANG. WHILE THE STRUCTURE IS EXISTING, A VARIANCE IS REQUIRED DUE TO THE WORK BEING COMPLETED ON THE STRUCTURE. ISSUANCE OF THE PERMIT IS ON HOLD PENDING THE OUTCOME OF THE HEARING. THE PROPERTY OWNER RESIDE RESIDES ON THE PROPERTY. AND I DID WANNA ALSO MENTION THAT, UM, THE APPLICANT DID RECEIVE, UM, IT DOES HAVE ELECTRICAL AND PLUMBING PERMITS THAT WERE ISSUED. IT'S JUST THE BUILDING PERMIT THAT HAS NOT BEEN ISSUED. THIS IS THE SITE PLAN THAT WAS SUBMITTED BY THE APPLICANT. THE SUBJECT PROPERTY THAT IS THE EXISTING STRUCTURE THAT IS BEING CONVERTED INTO AN ACCESSORY DWELLING UNIT. THIS IS A SIDE SETBACK IN THE OVERHANG. AND THEN JUST A VIEW OF THE SURROUNDING AREA. UM, REGARDING THE SIDE SETBACK VARIANCE STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING FINDINGS OF FACT. ONE, THE DETACHED STRUCTURE IS EXISTING AND IS TWO FEET AWAY FROM THE SIDE PROPERTY. LINE TWO, THE STRUCTURE CURRENTLY MEETS THE MINIMUM REAR SETBACK REQUIREMENT AND REQUIREMENTS FOR DETACH ACCESSORY DWELLING UNITS. AND THREE, THE STRUCTURE DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. WE MAILED OUT 28 NOTICES. WE DID NOT RECEIVE, UM, ANY, OR EXCUSE ME, AND WE RECEIVED TWO IN FAVOR, UM, THAT JUST HASN'T BEEN UPDATED. UM, ZERO IN OPPOSITION AND WE DID NOT RECEIVE A RESPONSE FROM ST. LEO'S NEIGHBORHOOD ASSOCIATION. UM, THE NEXT, THE FOLLOWING SLIDE HAS A RESPONSE THAT WE RECEIVED IN FAVOR, AND THEN THE LAST TWO SLIDES ARE GONNA BE USED FOR THE APPLICANT'S PRESENTATION AND WE DO HAVE THE, UH, APPLICANT HERE TO ANSWER ANY QUESTIONS. THANK YOU. GREAT. THANK YOU. AND I THINK, UH, THERE'S NO, NO ONE SIGNED UP TO SPEAK NOVO ELSE, CORRECT? NOT THAT I KNOW OF. YEAH. GREAT. QUICK, QUICK QUESTION. CAN YOU TELL US WHERE THE, THE PROPERTIES OR THE FOLKS THAT APPROVED? YEAH, SO LET ME GET THE LOOK. THESE ARE . SO IT'S THE, UM, IT WAS NUMBER, IT'S GONNA BE THIS PROPERTY RIGHT HERE. I JUST CAN'T SEE IT. UM, AND THEN THIS ONE HERE, UM, IT'S ACTUALLY THE SAME OWNER, UM, BUT SINCE HE OWNS TWO OF THEM, WE COUNT THEM AS TWO RESPONSES. THANK YOU. THANK YOU. MM-HMM. , IF THE APPLICANT'S PRESENT, SIR, JUST, UH, STATE YOUR NAME AND LET US KNOW ABOUT YOUR CASE. YES, SIR. MY NAME IS HECTOR SANTIAGO. I, I'M THE OWNER OF THAT PROPERTY, UH, 6 0 6 EAST HART. I BOUGHT IT IN JULY OF 2021. YEAH, 20. NO, JULY OF 2020. UM, IT'S 1100 SQUARE FEET HOME. UH, HAVE FOUR KIDS. I WANT THEM TO VISIT ME. I NEED TO HAVE SOME ROOM FOR THEM TO COME AND VISIT. SO, SO I JUST WANTED TO CONVERT THAT INTO ACTUALLY A LIVING SPACE. AND THAT WAS THE, THAT WAS THE INTENT OF IT. UH, I STARTED THE PROCESS BACKWARDS BECAUSE I'M NEW AT THIS THING. OKAY. SO, SO WHAT I DID, I, I FELL OUT AN APPLICATION. I PAID THE $200. I THOUGHT THAT WAS A DONE DEAL AND I STARTED DOING CONSTRUCTION. OKAY. IT'S NOT LIKE REALLY, I, I WAS TRYING TO AVOID DEPARTMENT BECAUSE REALLY THAT'S, UH, THAT'S NOT WHAT HAPPENED. ACTUALLY, I WANTED TO DO IT THE, THE RIGHT WAY. SO, SO I STARTED THE APPLICATION AND THEN WHEN THEY SAYING THAT THE APPLICATION IS ABOUT TO EXPIRED, THAT'S WHEN ACTUALLY I WENT AND SAID, OKAY, WHAT I'M MISSING. AND THEN WHEN THEY GAVE ME ALL THIS LONG LIST OF THINGS THAT I WAS MISSING, AND ONE OF THOSE THINGS WAS BA BASICALLY A VARIANCE. IT NEEDED TO BE A FIVE FEET INSTEAD OF A THREE FEET VARIANCE. SO, SO THAT'S WHAT REALLY HAPPENED. UH, THE INTENT OF THE PROPERTY IS ACTUALLY JUST TO HAVE FOR MY KIDS TO COME AND VISIT. LIKE I SAID BEFORE, I HAVE A SMALL UNIT, 1100 SQUARE FEET. IT'S A 1996 STRUCTURE BUILT IN 1996. SO IT'S NOT AN ALL STRUCTURE. THE FOUNDATION IS REALLY STRONG. UH, THE WALLS WERE INSULATED IN THE DETACHED GARAGE. THE ROOF WAS VERY, VERY STRONG. I ACTUALLY, I, WE, I, I PUT NEW SHINGLES AND I HAVE REMODELED THE WHOLE, THE WHOLE PROPERTY, THE FRONT YARD. UH, I STARTED REMODELING THE BACKYARD, YOU KNOW, WITH, UH, WITH SOME, UH, YOU KNOW, SOME, UH, SOME THINGS THAT YOU WANNA HAVE LIKE A FIRE PIT ACTUALLY BUILD A FIRE PIT IN THE BACK, UH, ON MY OWN. [02:30:01] SO, UH, SO THAT'S, THAT'S ALL I HAVE TO SAY. ALSO, OTHER THAN, UH, THE, THE ONLY TWO ROOMS INSIDE, I WORK FROM HOME 90% OF THE TIME. SO, SO I'M, UH, UH, I'M, UH, I HAVE ONE OF THE ROOMS AS AN OFFICE. THAT'S THE REASON WHY I NEED AN EXTRA ROOM. UM, AND I PLAN JUST TO, AND THERE WAS ENOUGH SOMETHING ELSE AND I WANTED TO SHOW, I DON'T KNOW IF IT'S GONNA SHOW IN HERE OR NOT, IF YOU DON'T MIND. JUST, UM, THE BUILDING OR THE DETACHED GARAGE WHEN IT WAS BUILT. THERE'S A PECAN TREE AND I DON'T KNOW, IT'S NOT, IT'S NOT COLOR, BUT YOU SEE HOW THEY CUT THE ROOF LINE JUST TO ACCOMMODATE THE PECAN TREE. SO ACTUALLY I, I FEEL, I THINK THAT IN SOME WAYS THE, THE SETBACK WAS CHANGED JUST BECAUSE OF THAT WHEN IT WAS BUILT. SO, AND YOU SEE THE PECAN TREE, YOU SEE HOW IT WAS LIKE, YOU SEE YOU LASER, THEY HAVE A LASER POINTED THERE. DO I READ THIS ONE? YEAH. SO YOU CAN SEE HERE HOW THEY ACTUALLY CUT INTO THE HOUSE. SO THE OVERHANG IS SMALLER BECAUSE THEY TRYING TO ACTUALLY FIT THE PECAN TREE IN THERE. SO THAT'S, UH, THAT'S ALL I HAVE TO SAY. OKAY. ANY OTHER QUESTIONS? IS THERE ANY QUESTIONS FOR APPLICANT COMMISSIONER BRAGMAN? UM, SO IT'S ADVERTISED AS, UM, YOUR, AS HAVING GUTTERS, BUT THE PICTURES DON'T NO, THERE'S NOT GUTTERS. ARE YOU PLANNING ON PUTTING GUTTERS ON? IF I NEED TO, YEAH, I CAN BECAUSE IT STAFF IT'S ADVERTISED THAT WAY. IF I NEED TO, I CAN'T. OKAY. UH, I JUST, WHEN, WHEN THIS WAS ORIGINALLY APPLIED, THE REASON WHY WE'RE BRINGING IT UP IS, YOU KNOW, WE DON'T WANT TO, WHEN WE SEE GUTTERS, IT'S, IT'S SOMETHING THAT SOME MEMBERS OF THE COMMISSION MM-HMM. LIKE TO SEE. BUT WE WANNA MAKE SURE THAT THAT, YOU KNOW, NORMALLY WE WOULD ALREADY SEE THEM ON THE STRUCTURE MM-HMM. SINCE IT'S ALREADY THERE. RIGHT. SO DID THE, THE STAFF DIS DISCUSS WITH YOU WHERE GUTTERS WOULD GO OR ANYTHING? 'CAUSE YOU'RE HOME IS PITCHED ON ALL FOUR SIDES. I MEAN, I'M SORRY, THE GARAGE IS PITCHED ON ALL FOUR SIDES. SO WAS THERE, UH, AN EX SO FOR STAFF, WHEN IT, WHEN THE APPLICANT SAYS WITH GUTTERS, DOES THAT MEAN GUTTERS ONLY WITHIN THE, THE SETBACK ENCROACHMENT OR IS THAT GUTTERS ALL THE WAY AROUND THE HOME? WHAT DOES, WHAT DOES THAT MEAN WHEN, IF THE MOTION WERE TO BE READ THAT WAY? IT WOULD JUST BE ON THE AREA THAT THEY'RE SEEKING THE VARIANCE. SO IT WOULD JUST BE ON THAT, UM, LEFT SIDE. OKAY. OKAY. COMMISSIONER BRAGMAN, YOU STOLE THE FLOOR. THANK YOU. THANK YOU. UH, IS THERE ANY OTHER QUESTIONS FOR THE APPLICANT? O ZUNA, COMMISSIONER ZUNA RIGHT HERE. AND I WAS JUST, I'M JUST CON CONFIRM, CONFIRMING, CONFIRMING THAT THE, UH, DWELLING UNIT IS, IS BUILT ON EXISTING SLAB. YES. YEAH. YOU DIDN'T MODIFY THE SLAB IN ANY WAY? NO, NOT AT ALL. OKAY. AND THAT'S ACTUALLY, I GOT, UH, I GOT AN ENGINEER REPORT BECAUSE THAT WAS ONE OF THE REQUESTS FROM THE CITY BEFORE MM-HMM. , THE APPLICATION IS APPROVED. YES. THAT YOU HAVE TO HAVE BASICALLY A, A ENGINEER ENGINEER COMES AND APPROVE THE FOUNDATION. OKAY. AND DID YOU DO ANY FOUNDATION CUTS OR ANYTHING WHEN YOU DID THE PLUMBING OR THE CUT WAS DONE ON THE, ON THE FOUNDATION AND IT WAS APPROVED BY THE ENGINEER TOO. OKAY. GOT IT. THANK YOU. OKAY. ALL RIGHT. IF THERE'S SOMETHING ELSE, UH, WE'LL GO AHEAD AND, UH, DELIBERATE AND WE'LL LET YOU KNOW HOW IT TURNS OUT. SO I'M CLOSING THE PUBLIC HEARING. I'M LOOKING FOR A MOTION TO YOU, COMMISSIONER TEAL REGARDING CASE NUMBER BO A DASH 22 DASH 3 74. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT AS DESCRIBED IN SECTION 35 DASH 3 71 B SEVEN TO ALLOW DETACHED ACCESSORY DWELLING UNIT WITH OVERHANGING GUTTERS TO BE TWO FEET FROM THE SIDE PROPERTY LINE SITUATED AT 6 0 6 EAST HEART AVENUE, APPLICANT BEING HECTOR SANTIAGO. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISION TO 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. IT WILL MAINTAIN THE EXISTING SIDE SETBACK OF THREE FEET FOR THE STRUCTURE AND ONE AND A ONE FOOT OVERHANG. ALL OTHER A D D U REQUIREMENTS WILL BE MET AND MET INCLUDING THE REAR SETBACK. THEREFORE, THE REQUEST DOES NOT APPEAR TO CONTRARY TO THE PUBLIC INTEREST TOO DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP BECAUSE THE STRUCTURE WOULD HAVE TO MOVE TO MAINTAIN A FIVE FOOT SIDE SETBACK OR DEMOLITION OF THE STRUCTURE TO REBUILD. THERE IS LIMITED SPACE TO MOVE THE STRUCTURE AWAY FROM THE SIDE PROPERTY LINE, WHICH MAY PRESENT AN UNNECESSARY HARDSHIP. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS A TWO FOOT SIDE SETBACK APPEARS TO PROVIDE ADEQUATE SPACE FROM THE SIDE PROPERTY LINE AND ADJACENT STRUCTURES AND THE STRUCTURE WILL MEET THE MINIMUM REAR SETBACK REQUIREMENT FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED AS THE PROPERTY IS OWNED. RMM FOUR AND THE USE OF THE PROPERTY IS RESIDENTIAL MIXED DISTRICT 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. [02:35:01] BECAUSE THE REQUEST FOR A THREE-FOOT VARIANCE FROM THE SIDE SETBACK REQUIREMENT ALLOWS THE STRUCTURE TO MAINTAIN ADEQUATE SPACING TO THE SIDE PROPERTY AND THE STRUCTURE WILL HAVE GUTTERS INSTALLED. THEREFORE, THE REQUEST IS NOT LIKELY TO NEGATIVELY AFFECT THE ADJACENT PROPERTY. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE DETECT STRUCTURE HAS BEEN IN ITS CURRENT LOCATION FOR SOME TIME. THE REQUEST DOES NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION. SECOND. SECOND BY COMMISSIONER BRAGMAN. COMMISSIONER THIEL? YES. UH, UH, I'LL BE IN SUPPORT OF THIS. IT'S IN A EXISTING STRUCTURE. UM, AND THIS IS MORE OF A FORMALITY, SO I WILL BE IN SUPPORT. COMMISSIONER BRAGMAN. I CONCUR WITH MY COLLEAGUE. ALRIGHT. ANY OF THE COMMISSIONERS LIKE TO ADD COMMISSIONER MENCHACA? UH, JUST ONE CLARIFICATION. SO WE'LL HAVE GUTTERS. YES SIR. YES. THAT WAS ON FIVE, UH, ITEM SIX OR FIVE, EXCUSE ME. MOTION. ALRIGHT. ALL RIGHT. IF THERE'S NOTHING ELSE, UH, LET'S HAVE A ROLL CALL. VOTE PLEASE. MR. TEAL. YES, I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MS. LYNN. I CONCUR. MR. ALBERT I CONCUR. MR. MENCHACA. I CONCUR. MR. VASQUEZ. I CONCUR. MS. CRUZ? YES, I CONCUR. MS. MANNA, I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR. MR. UNA I CONCUR. CHAIR ORIAN. I ALSO CONCUR THE FINDINGS OF THE FACT. MOTION PASSES. 11 2 0. CONGRATULATIONS. UM, NEXT CASE PLEASE. ITEM 11, UM, BO 8 2 2 1 0 3 0 0 1 7 7. LOCATED AT 1 1 3 RIPLEY AVENUE IN COUNTY DISTRICT NUMBER ONE, APPLICANT BEING ISRAEL MENDOZA. UM, A 1 48 REQUEST FOR A 45 FOOT VARIANCE FROM THE 35 MAXIMUM FRONT PROPERTY SETBACK TO ALLOW A STRUCTURE TO BE 80 FEET FROM THE FRONT PROPERTY. LINE TWO, A REQUEST FOR A TWO FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A FENCE TO BE 13 FEET FROM THE CURB. UM, CURRENT ZONE IS R THREE, UH, SINGLE FAMILY RESIDENTIAL. THE SUBJECT PROPERTY IS CURRENTLY LOCATED ALONG RIPLEY AND IT'S CURRENTLY HAS A SINGLE FAMILY DWELLING ON THE LOT. THE SUBJECT PROPERTY RECENTLY REZONED TO R THREE SINGLE FAMILY RESIDENTIAL DISTRICT WITH ORDINANCE 20 21 0 9 0 2, 0 6 48. UH, THE BASE ZONING DISTRICT IS THE ONLY ONE, IS THE ONLY SINGLE FAMILY DISTRICT WITH A MAXIMUM FRONT SETBACK AND THERE ARE NO, THERE ARE NOT. OTHERS ARE THREE PROPERTIES IN THE AREA. UM, UPON STAFF SITE VISIT A EVENTS WAS A FENCE WAS OBSERVED THAT THE MEASURED 13 FEET FROM THE CURB CAUSING A CLEAR VISION VIOLATION. UM, THAT IS CURRENTLY A SITE PLAN WHERE THE HIGHLIGHTED AREAS WHERE THE FENCE IS LOCATED AND THE HIGHLIGHTED AND RED PART OF THE SETBACK AS WELL. UM, THAT IS CURRENTLY THE PICTURE OF THE SUBJECT PROPERTY ITSELF, WHAT YOU CAN SEE AS THE FENCE IN FRONT AS WELL. UH, THE LEFT SIDE OF THE PROPERTY WERE MORE KIND OF SHOWING THE DEBT OF THE, THE PROPERTY, UH, THE OTHER SIDE OF THE PROPERTY. THE RIGHT SIDE, UH, THE FRONT FENCE WERE WHERE THE, THE CLEAR VISION WAS OBSERVED AND SOME OF THE SURROUNDING AREAS, UH, FOR FRONT MAXIMUM SETBACK AND CLEAR VISION VARIANCES. UM, STAFF RECOMMENDS APPROVAL OF A REQUEST OF ONE A 45 FOOT VARIANCE FROM THE 35 FOOT MAXIMUM FRONT PROPERTY SETBACK TO ALLOW A STRUCTURE TO BE 80 FEET FROM THE FRONT PROPERTY LINE. AND TWO, A REQUEST FOR A TWO FOOT VARIANCE FROM THE MINIMUM 50 FOOT CLEAR VISION REQUIREMENT TO ALLOW FENCE TO BE 13 FEET FROM THE CURB IN BO 8 22 1 0 3 0 0 1 7 7 BASING THE FOLLOWING FINDINGS OF FACTS. UH, THE REQUEST DOES NOT APPEAR OUTTA CHARACTER OF THE AREA AND THE PROPERTY HAS UNIQUE CIRCUMSTANCES ON THE PROPERTY, SUCH AS A SMALL LOT. UH, THE NOTIFICATION PLAN INCLUDED 30 MAILED NOTICES. THERE WERE ZERO IN FAVOR, ZERO IN OPPOSITION, AND THERE IS NO RESPONSE FROM THE ALTA VISTA NEIGHBORHOOD ASSOCIATION. UM, THAT CONCLUDES THAT PRESENTATION AND THE APPLICANT IS PRESENT. OKAY. UM, I, ONE QUICK QUESTION ON THE SITE PLAN THAT'S PROVIDED. IT'S SHOWING THAT A ONE STORY RESIDENT IS LOCATED WELL WITHIN 65 FEET OF THE FRONT PROPERTY LINE. AND SO, BUT THIS THING WAS READ THAT IT WAS, UM, A MOTION FOR THE STRUCTURE TO BE 80 FEET. SO JUAN, UH, OKAY, SO EVERYONE MENTION THE SIDE PROPERTY LINE. I ALWAYS TRY TO MAKE THE WORST CASE SCENARIO, UM, JUST TO INCLUDE EVERYTHING. SO, AND JUST IF, IF THE, BECAUSE THAT THAT THE ANGLE IT WAS, I WASN'T EXACTLY SURE, SO I COULDN'T, THE MORE, WELL, YEAH, IT LOOKS LIKE IT'S PROBABLY MORE LIKE 58 FEET FROM THE FRONT PROPERTY LINE. I DIDN'T KNOW THAT. DOES THAT AFFECT HOW THIS WAS ADVERTISED? BECAUSE IT, THIS IS FOR A, UM, A 45 FOOT VARIANCE FROM THE 35 FOOT FRONT MAX TO ALLOW A [02:40:01] STRUCTURE TO BE 80 FEET. IF THE STRUCTURE'S IN THE, IN THE HIGH FIFTIES, DOES THAT AFFECT THE ADVERTISING OF THIS? WELL, WELL, NO. AND THAT'S THE POINT HE'S MAKING. SO HE, WE'RE TRYING TO USE THE HIGHEST NUMBER WE POSSIBLY CAN. THAT WAY WE DON'T HAVE TO COME BACK. IF IT'S LIKE IF WE HAD PUT 58 AND IT'S 60, THEN THEY ACTUALLY NEED MORE. OKAY, I UNDERSTAND. I'M, I GET IT. ALRIGHT, THANK YOU. ALRIGHT, LET'S HEAR FROM THE APPLICANT PLEASE. HELLO. JUST STATE YOUR NAME AND YOU CAN BEGIN YOUR CASE. MY NAME IS ISRAEL MENDOZA AND THIS IS MR. LAWRENCE. HE'S THE OWNER. UH, I'M THE CONTRACTOR. AND WHAT YOU SEE THERE ON THE SETBACK IN ACTUALITY IS ONLY 65 FEET. UH, ACTUALLY IF I MEASURED FROM THE PROPOSED GATE THAT I'M GONNA PUT IN THE MIDDLE OF THE, OF THE PROPERTY TO GO 62 8 WALKING. OH, CAN YOU HEAR ME? MM-HMM. , I, I'M, I'M PRETTY SURE YOU HEAR ME WITHOUT THE MIC, BUT ANYWAY, UH, IT'S 65 FEET, EIGHT INCHES FROM THE PROPERTY LINE AND THE, AS YOU CAN SEE, PART OF THE PORTION OF THE APPROACH ON THE TOP RIGHT NEXT TO THE FEAR, UH, FENCE, CLEAR VISION, 13 FEET. UH, I THINK, UH, FROM THE, THE SETBACK FROM THE APPROACH IS ABOUT 10 FEET. AND WE DID THE A FENCE, WE DID A THREE FOOT FENCE ON THE PROPERTY LINE IN THE FRONT. WE ALSO DID THE THREE FOOT FENCE FROM THE SIDE OF THE HOUSE ON THE LEFT SIDE ALL THE WAY AND MADE AN L. YOU CAN, I DON'T HAVE THE PICTURES WITH ME, BUT YEAH. SO CAN YOU SHOW MY, UH, DEFINITION? OH, OKAY. WELL THIS ONE HERE IS ABOUT SIX FEET, SO IT'S PLENTY OF SIDE SET BACK THERE. THERE'S A FENCE THAT I'M TALKING ABOUT. AND THIS PARTICULAR FENCE IS 36 INCHES HIGH AND WE PUT A GATE. SIR, I KNOW YOU THINK THAT EVERYONE CAN HEAR YOU, BUT CAN YOU, YOU'LL HAVE TO SPEAK INTO THE MIC. YEAH, THAT, WELL THAT, THAT, I THOUGHT THAT'S WHERE IT WAS. UH, ANYWAY, UH, CAN YOU, OKAY, SO I'LL HAVE TO GET A LITTLE BIT HIGHER. OKAY. WELL ANYWAY, UH, THE FENCE IS ABOUT THREE FEET HIGH. UH, WE DID A ROLLING GATE, UH, JUST FOR THE FRONT AND WITH THE NEXT ONE. AND THIS IS THE EXISTING ON THE RIGHT. I HAD PLACED, UH, A GATE THERE, BUT I'M GONNA CLOSE IT OFF AND PUT IT MORE IN THE CENTER 'CAUSE IT HAS TO BE FOUR INCHES. I MEAN, UH, FIVE FEET FROM THE, FOUR FEET FROM THE CONCRETE. SO, UH, I'M GONNA MOVE THAT GATE OVER. UH, THE SIDE, AS YOU CAN SEE, I DID THAT FENCE THERE, THERE WAS NO FENCE ON THAT ONE, BUT THAT'S A SIX FOOT FENCE, SIX FOOT HIGH FENCE. AND UH, THE REST WAS ALREADY THERE. OKAY. UH, THE HOUSE ITSELF WAS ALREADY BUILT BACK IN 1930. THE REMODELING OF THIS WAS DONE WITHOUT A PERMIT AND HE BOUGHT IT LIKE THAT WITHOUT A PERMIT. AND HE HIRED ME TO GET THE PERMIT. AND THAT'S WHAT I'M DOING. I'M GOING THROUGH THE STRIKE TEAM TO GET THE PERMIT FOR THIS HOUSE. WE'VE BEEN WAITING ABOUT THREE MONTHS NOW. OKAY. WOULD YOU LIKE TO ADD SIR? SURE. I WOULD LIKE TO ADD, UH, ALRIGHT, THANK YOU. SO I PURCHASED THIS PROPERTY, I JUST WANT TO RE REHAB IT. I DON'T WANT TO LIVE THERE. IT IS AN INVESTMENT PROPERTY THAT I PURCHASED, UH, UNDER MY COMPANY, BRIGHT SATELLITE ENTERPRISE. I PURCHASED THIS PROPERTY SINCE FEBRUARY 2ND, 2022, ALMOST 10 MONTHS. AND WE'VE BEEN WORKING WITH THE STRIKE TEAM. AND NOW THE REQUIREMENT, I THINK WE PROVIDE OVER 20, UH, DOCUMENTS. SO I HIRE ENGINEER ANYTHING THAT YOU CAN THINK OF RIGHT NOW WE HAVE A, A FOUNDATION PERMIT ON IT AND WE HAVE ENGINEER ASSUMPTION THAT EVERYTHING HAS BEEN APPROVED. WE ALSO HAVE A PERMIT TO DO THE THINGS, THE BACK AND THE FRONT. UH, SO, SO REALLY CAN YOU SHOW THE SURVEY? ON THE SURVEY YOU CAN SEE THAT THE SETBACK THAT WE HAVE NOW ON THE SURVEY THAT I HIRED AN ENGINEER TO DRAW A SURVEY TO DRAW NOT THAT ONE'S ATTACHED TO MY EMAIL. LEMME SEE THIS ONE. THAT'S THE SAME ONE. NO, IT IS D THIS ONE? YEAH, THAT ONE. YES. NO, HOLD ON ONE SECOND. THERE YOU GO. SO THAT'S THE SURVEY THAT WE HAVE SO YOU CAN SEE HOW YOU MAKE THIS WORK. OKAY, HERE WE GO. SO [02:45:01] THIS IS THE FRONT HERE. SO YOU CAN SEE THE MEASUREMENT HERE IS 65 IS NOT. UM, SO YOU HAVE 65. SO THE REQUIREMENT FROM MY STANDING IS 35, SO IT DOESN'T MAKE IT 80. SO IT'S 65. WE HAVE THE HOUSE IS HERE, THAT'S THE HOUSE. AND THEN IS AN EXISTING STRUCTURE WAS ALREADY THERE SINCE 1930 AND I PURCHASED IT. I JUST WANT TO MAKE IT NICER. BEAUTIFUL FOR THAT NEIGHBORHOOD. SO IT 65, THE BACK HERE, THE 13 ALSO THIS FENCE IS ON THE PROPERTY LINE AND THIS STRUCTURE ALSO IS ALREADY THERE. SO ALL WE DID IS JUST, WE FOLLOWED THE, UM, THE FENCE, UH, IRON ROAD. SO WE HAVE ONE HERE. YOU CAN SEE RIGHT HERE THE IRON ROAD IS HERE. SO WE CAN MOVE IT. THAT'S THE PROPER LINE. SAME THING HERE AND HERE. OKAY. SO, AND THE STRUCTURE IS ALREADY THERE. SO RIGHT NOW THE INTERIOR IS COMPLETELY DONE. UH, IF YOU CAN SEE IN THE NEXT PICTURE, THE HOUSE IS COMPLETELY SINCE OVER 10 MONTHS. WE JUST WAITING TO, UH, HAVE THE, UH, NEW CONSTRUCTION PERMIT ON THIS PROPERTY. UM, WHICH CAN GO TO THE NEXT PLACE. YOU CAN JUST KEEP SCROLLING. AND I, SO I THINK, UH, THE REAL ISSUE HERE IS BECAUSE THE HOUSE SET BY FROM THE FRONT LINE IS A LITTLE BIT OFF, IS OFF IS ABOUT 45. WE ACKNOWLEDGE THAT, BUT REALLY THERE'S NOTHING WE CAN DO. IT IS AN EXISTING STRUCTURE, BUT TO KIND OF MITIGATE THAT A LITTLE BIT, WE DON'T HAVE TO PUT A FRONT FENCE, BUT I PUT ON A, A NICE DECORATED FRONT THAT WE SHOW THE WHITE FRONT. SO MOST OF THE PROPERTY, WE HAVE SOME PROPERTY IN THE NEIGHBORHOOD WITH THE SAME FENCE DOOR. SO, BUT JUST TO MAKE IT NICER, WE, WE PUT THE FENCE ALL OVER THE FRONT ON THE SIDE AND THE FRONT RIGHT THERE. SO WE PUT THIS HERE BECAUSE OF THIS SETBACK HERE. AND THEN WE PULL HERE AND COVER THE SAND. IF YOU GO TO THE RIGHT, THIS FRONT FENCE HERE IS IN THE SAME LINE WITH THIS PROPERTY, THE NEIGHBOR. SO YOU WON'T REALLY SEE THE VARIANCE UNLESS YOU COME INTO THE PROPERTY. SO IT DOESN'T AFFECT THE CARERS ON THE D STREET. BUT THE, WHAT IS UNIQUE HERE IS THIS PROPERTY HERE. THE, THE STRUCTURE HAS BEEN THERE SINCE 1930. SO WE HAVE A, LIKE I SAID, THE FOUNDATION HAS BEEN APPROVED. UH, WE HAVE ENGINEERED AND INSPECT, WE PUT A NEW ROOF. EVERYTHING WAS, IS GRANTED DONE INSIDE THE HOUSE. WE JUST WAITING FOR THIS BUILDING PERMIT SO THAT WE CAN GO AHEAD AND HAVE INSPECTION DONE AND ELECTRICAL THE CENTRAL, UH, UH, THE HVAC AND EVERYTHING AND JUST CLOSE OUT THE FRAME AND EVERYTHING WILL BE DONE. OKAY. SO QUICK QUESTION. SO YOU, THE FOUNDATION WAS EXISTING OR DID YOU REPLACE THE FOUNDATION? IT WAS EXISTING. OKAY. SO THEY'RE HERE FOR THE, THE 80 FOOT SETBACK BECAUSE THEY SPENT MORE THAN 50% OF THE VALUE OF THE STRUCTURE. IS THAT WHAT TRIGGERED ALL THIS? BECAUSE IF IT'S, IF IT'S BEEN BUILT SINCE 1930, THEY'RE NOT, THEY'RE JUST DOING REMODELING. THEY WOULD HAVE TO SPEND MORE THAN 50% OF THE APPRAISED VALUE TO FOR THIS TO KICK IN. AND THE SECOND QUESTION IS, IS FOR CLEAR VISION, IF IT'S A THREE FOOT TALL FENCE, DOESN'T THE FENCE HAVE TO EXCEED THREE FEET BEFORE IT'S A CLEAR VISION ISSUE? SO WE'RE ONLY HERE, I MEAN IF THAT'S THE CASE, WE'D ONLY BE HERE FOR THE, THE TWO FEET ON THE SIDE IS WHAT I'M THINKING. FROM THE REAR. FROM THE REAR. SO, UM, I GUESS I GUESS START OFF WITH A CLEAR VISION ANSWER. UM, SO THE CODE HAS IT, AS FOR FENCES IT SAYS ANY FENCE REGARDLESS OF THE HEIGHT. MY, IF IT'S WITHIN THE CLEAR VISION, IT NEEDS THE VARIANCE. OKAY. SO THAT'S, I JUST WANTED TO CLARIFY THAT. AND UM, THIS ONE HAD RECENTLY HAD REZONED TO AN R THREE, UM, IF I REMEMBER CORRECTLY, THERE IS A MAXIMUM. SO THAT'S WHAT CHANGES. OKAY. AND THAT WHAT CHANGES IT. AND, AND I BROUGHT UP THE AD FEE BECAUSE IF YOU COULD BRING UP THAT SURVEY, IF YOU CAN BRING THAT UP REAL QUICK. I MEAN, I DON'T MIND A LITTLE LEEWAY, BUT GO TO THE OTHER ONE WITHOUT THE, THE WRITING ON IT THERE. OKAY. SO ZOOM IN A LITTLE BIT UP, DOWN THAT TOP STICK THEN THAT NORTH PROPERTY LINE CONTROL. YEAH, THERE YOU GO. SO WHERE IT SAYS, WHERE IT SAYS EAST 75 FEET, THAT'S FROM THE, THE FOUND IRON ROD AT THE STREET ALL THE WAY BACK TO THE SET IRON ROD AND THE, THE OPEN CIRCLE, THE 65 FEET IS FROM THE F THAT F M WHAT THE, THE MAGNA TO THE FRONT. SO THAT HOUSE IS WAY LESS THAN 65 FEET FROM THE FRONT. I MEAN IT'S, I I MEAN I KNOW THAT YOU'RE, YOU'RE TRYING TO ROUND UP, BUT I MEAN, YEAH, I THINK I KNOW WHAT HAPPENED. 'CAUSE IT LOOKS LIKE AN EIGHT TO ME. MY VISION , BUT UH, I THINK NO, THAT'S OKAY. I MEAN I, THAT'S WHY I WAS, WAS ENVISIONING THAT IT WAS MORE LIKE 57 FEET OR SOMETHING FROM THE FRONT AND IT JUST SEEMS SO FAR OFF [02:50:01] FROM THE 80. I JUST, I MEAN, AGAIN, I DON'T MIND YOU ROUNDING UP, BUT I MEAN IT JUST, I DIDN'T WANT TO YEAH, I SEE WHAT YOU'RE SAYING. OKAY. OKAY. SO, UH, I'M GONNA OPEN THIS UP TO QUESTIONS. SO BRAGMAN, COMMISSIONER BRAGMAN, UM, SO QUESTION ABOUT THE FENCE ON, IN THE PICTURE THAT SAYS RIGHT SIDE OF SUBJECT PROPERTY, THAT EXISTING FENCE. SO IS THAT THE FE IN QUESTION REGARDING THE CLEAR VISION? NO, UH, NO, NO, IT WOULD BE THE, THE THE WHITE PICKET FENCE. OKAY, SO THERE'S NO ISSUE WITH THE EXISTING FENCE? NO, IT'S AS FAR AS THE, THAT WOULD BE THE, THE AJA ADJACENT PROPERTY BECAUSE THAT'S THE BACK FENCE FOR THE ADJACENT PROPERTY. THAT'S THE FENCE FOR THE ADJACENT PROPERTY. OKAY, THANK YOU. ALRIGHT, ANY OTHER COMMISSIONER QUESTIONS? MANNA? COMMISSIONER MANNA, COULD YOU BRING UP A, THE GOOGLE IMAGE? SO I JUST WANTED TO VERIFY, UM, UH, ON THE PAGE THERE, UH, ON THE STREET VIEW 'CAUSE UH, THE APPLICANT SAID THAT, THAT BASICALLY THEY ALIGNED THEIR FENCE WITH THE NEIGHBORING FENCE. AND I JUST WANT TO CONFIRM, UH, WHERE THAT WAS. UM, AND THEN, UM, AND IT SEEMS LIKE THE NEIGHBORING FENCE IS, IS IN VIOLATION OF CLEAR VISION BY TWO FOOT. IF, UH, POTENTIALLY I GUESS, UM, YOU KNOW, UM, BUT YOU KNOW, AND THEN I DIDN'T HEAR THE COMMENT WITH REGARDS TO, UH, THE CLEAR VISION FOR THREE FOOT. SO, SO, UM, ANY FENCE IN THE CLEAR? YEAH, UM, ANY FENCE, UM, REGARDLESS IF IT'S SOLID SCREEN OR PREDOMINANTLY OPEN, UM, IF THEY, THEY HAVE TO BE OR ABIDING BY THE CLEAR VISION OR REGULATIONS. OKAY. OKAY. SO, OKAY, SO THIS PICTURE RIGHT HERE IS, SO, UM, SO ON THE, UM, THE SOLID, THE SOLID FENCE THERE, IS THAT WHERE YOUR WHITE FENCE BASICALLY DOES, SITS AT THAT CORNER? YES. YEAH, RIGHT HERE. SEE THAT CORNER RIGHT THERE? THAT'S WHERE THE PROPERTY PIN. THANK YOU. THAT'S WHERE THAT APPROACH, THAT APPROACH IS THAT FAR, BUT IT'S STILL, IT'S STILL AWAY ABOUT A FOOT AWAY FROM THE PROPERTY. YOU'RE SPEAKING TO THE MIC PLEASE SIR. APPROACH IN, YOU'RE SPEAKING TO THE MIC PLEASE TO ANSWER YOUR QUESTION. YES, WE HAVE A RIGHT THERE AT THE POST. AND THAT'S WHERE YOU HAD THE F I R THE PIN IS RIGHT THERE. YEAH, FROM THERE TO THE LEFT. YES. WE THANK YOU. HAVE THE RIGHT AND THEN THAT, THAT WOOD FENCE IS NOT, THAT'S NOT YOURS. THAT'S A NEIGHBOR'S FENCE, CORRECT? YEAH. THAT'S THE NEIGHBOR'S FENCE. THAT'S CORRECT. SO ON ON, WHEN, WHEN IT COMES TO CLEAR VISION, IF, IF IT'S A NEIGHBOR'S FENCE THAT'S CAUSING THE PROBLEM IS, IS THAT SOMETHING, I'M JUST OUTTA CURIOSITY, IF, IF LET'S SAY THAT THEY DIDN'T BUILD ANY FENCE AT ALL, THAT EXISTING FENCE THAT'S SHOWN THERE, WOULD, WOULD THAT POSE AN ISSUE WITH THIS APPLICANT? BECAUSE IT'S NOT THEIR FENCE. IT WOULDN'T POSE A, UH, ISSUE WITH THEM. IT WOULD POSE AN ISSUE WITH THE NEIGHBOR. UM, HOWEVER, UH, IF I CAN CLARIFY, I'M NOT SURE, I DON'T THINK I QUITE HEARD WHAT WAS SAID, BUT CLEAR VISION, IF YOU HAVE THREE FEET UP TO THREE FEET, UM, YOU CAN HAVE UP TO THREE FEET INSIDE. THE CLEAR VISION IS WHEN YOU GO OVER THAT, THEN YOU HAVE THE CLEAR VISION. SO I THOUGHT WE MEASURED THIS FENCE OVER THREE FEET. IS THAT, IS THAT NOT CORRECT OR NO, THAT WELL, THAT'S WHY I ASKED. I THOUGHT, I KNOW THE GREEN BOOK, THEY, THEY WANT YOU TO LOOK AT 42 INCHES HIGH WHEN THEY START LOOKING DOWN STREETS. SO I THOUGHT MAYBE THE CITY HAD THREE, BUT THEN WE HEARD FROM, FROM FROM OTHER STAFF THAT IT, THAT IT WAS RIGHT. I I THINK WE SAID THAT THE OPPOSITE WAY. UM, SO DO IS THE FRONT FENCE THREE FEET? YES, IT'S THREE FEET. TO, TO CLARIFY, THAT'S THE BACKSIDE OF THE HOUSE. THAT'S THE BACK, THE REAR FENCE OF THE HOUSE. IT'S NOT THE FRONT FENCE, BUT IT'S A, IT'S A FRONT FENCE FOR THE, HIS HOUSE FOR RIPLEY. I MEAN, UH, FOR ONE 13, BECAUSE OF THE WAY THE HOUSE IS ORIENTED, WHAT HE'S SAYING IS THAT THAT'S THEIR REAR FENCE AND NOT A SIDE YARD FENCE. CORRECT. YEAH, BUT THEIR NEIGHBORS AND SO THAT MAKES IT ACCEPTABLE. THEY'RE STILL WITHIN THE CLEAR VISION OF THEIR YARD. RIGHT, BUT THE, THE NEIGHBOR'S FENCE THAT'S IN COMPLIANCE? IT'S IN COMPLIANCE AS FAR AS THE REAR FENCE, THE HEIGHT, BUT IT'S NOT IN COMPLIANCE AS FAR AS THE NEIGHBORING DRIVEWAY. IT'S CLEAR VISION. OKAY. SO IT, THAT'S AN ISSUE WITH THE NEIGHBOR, NOT THEM. CORRECT. AND JUST TO CLARIFY, THERE IS, SINCE THEY'RE SAYING IT'S A THREE FOOT FENCE IN THE FRONT, THERE IS NO CLEAR VISION ISSUE WITH THEM. OKAY. SO THEN WE'RE REALLY JUST HERE NEED THE CLEAR VISION SO WE DON'T NEED THE CLEAR VISION. WE'RE JUST HERE FOR THE SETBACK FOR THE TWO FEET IN THE BACK, FOR THE TWO FEET SETBACK IN THE BACK. AND THE, WELL, THE SETBACK IS FRONT. WE'RE JUST HERE FOR THE FRONT. THE FRONT SETBACK. THE FRONT IS 65 FEET AND THE MAX IS 35. RIGHT. SO, BUT, BUT YOU DON'T HAVE A CLEAR VISION PROBLEM. YOU ONLY, YOU ONLY HAVE A SETBACK ISSUE. NO, WE DON'T. IT'S JUST A SETBACK. SO WHEN THE MOTION'S RED, WE, IT'S A SETBACK ISSUE AND THE HOUSE IS, I MEAN, IT'S IN THE FIFTIES, BUT YOU, IF YOU JUST WANTED TO READ IT AT 65 TO BE SAFE, THAT'S FINE TOO. SO, UH, WITH THAT, UM, THERE'S NOTHING ELSE. I'M GONNA CLOSE [02:55:01] A PUBLIC HEARING. I'M LOOKING FOR A MOTION ON THE BUILDING SETBACK O ZUNI. OKAY. OH, COMMISSIONER ZUNI, REGARDING CASE NUMBER BO OA DASH 22 DASH ZERO THREE DOUBLE 0 1 7 7. I MOVE THAT THE BOARD OF ADJUSTMENT GRANDER REQUEST FOR A, UM, FOR ONE, A REQUEST FOR A 65 FOOT VARIANCE, RIGHT? IS THAT WHAT WE'RE LOOKING AT? YOU CAN, YOU CAN STATE, UH, WELL THE HOUSE, THE HOUSE IS 65 AND IT'S 35. SO 30 FOOT VARIANCE. OKAY. A 30 FOOT VARIANCE FROM THE 35 FOOT MAXIMUM FRONT PROPERTY SETBACK TO ALLOW A STRUCTURE TO BE 80 FEET FROM THE FRONT PROPERTY PROPERTY LINE, UH, TO BE ALLOW THE STRUCTURE TO BE 65 FEET FROM THE FRONT PROPERTY LINE, THE APPLICANT BEING ISRAEL MENDOZA, BECAUSE THE TESTIMONY PRESENTED TO US THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE LITERAL ENFORCEMENT OF PROVISIONS OF THE U D OF THE U D C AS AMENDED WOULD RESULT IN UN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE, THE VARIANCE REQUEST TO ALLOW THE PROPOSED MULTI TO, TO ALLOW THE PROPOSED SINGLE FAMILY DEVELOPMENT TO HAVE A FRONT SETBACK OF, UH, WHAT DID WE SAY, UH, 35 FEET AND A FENCE FRONT SETBACK WOULD BE GO UP TO 65 FEET, UP TO 65 FEET. THE STRUCTURE WOULD BE SITUATED A REASONABLE DISTANCE FROM RIPLEY AVENUE. AND THE FENCE, UH, IS NOT, UH, SIGN SIGNIFICANTLY OBSTRUCTED. AND WE'RE NOT DOING, UM, ANY CLEAR VISION. TWO, DUE TO A SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE PROPOSED DEVELOPMENT WOULD HAVE TO MAINTAIN THE MAXIMUM SETBACK PERMITTED OF 35 FEET. AND REMOVAL. REMOVAL OF THE METAL FENCE WOULD BE AN UN UNNECESSARY HARDSHIP. THREE, BY GRINDING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED. THE SUBSTANTIAL JUSTICE WILL BE DONE. THE, UM, WE'RE SAYING 65, UH, FOOT SETBACK WILL OBSERVE THE SPIRIT OF THE ORDINANCE AS THE BUILDING IS ALREADY BUILT. ADDITIONALLY, THE FENCE DOES NOT, DOES NOT OBSTRUCT. VISIONS SIGNIFICANTLY FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO OTHER USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SIX VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER TO THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THE PROPERTY IS LOCATED. THERE ARE SIMILAR PROPERTIES LOCATED IN THE AREA AND HAVE SIMILAR SETBACK DISTANCES. AND SOME PROPERTIES IN THE AREA HAVE SIMILAR STYLE FENCES. THEREFORE, THE REQUESTS WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. SIX PLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCES SOUGHT TO DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL OR NOT NEW TO, TO THE RESULT OF GENERAL CONDITIONS. THE DISTRICT WAS OF THE PROPERTY IS LOCATED, THE VARIANCES ARE SOUGHT. UH, THE VARIANCE IS SOUGHT DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE SIZE OF LOCATION OF THE LOT. THE VARIANCE REQUEST IS NOT MERELY FINANCIAL. AND A MOTION. SECOND. SECOND. BY COMMISSIONER MANNA. COMMISSIONER UNA? YES. SO I'M GONNA SUPPORT THE MOTION. I MEAN, THIS IS A, TRIGGERED BY THE ZONING CHANGE, WHICH REQUIRED THEN THE, UH, SETBACK REQUIREMENT. THE HOUSE HAS BEEN ON THE SITE IN ITS CONDITION, CURRENT CONDITION SINCE WHAT? THE 1930S THAT WE HAVE HEARD TESTIMONY. UM, I DON'T SEE IT IMPACTING ANY OF THE, UH, THE NEIGHBORING PROPERTIES. THERE WAS NO OPPOSITION. AND, UM, I'M SUPPORTING THE VARIANCE REQUEST. COMMISSIONER MANNA. I CONCUR WITH MY COLLEAGUE ALL. IS THERE ANY OTHER COMMISSION YOU'D LIKE TO ADD? HEARING NONE. LET'S HAVE A ROLL CALL. VOTE PLEASE. MR. OSUNA. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. LYNN. I CONCUR. MR. ALBERT. I CONCUR. MR. MENCHACA. I CONCUR. MR. VASQUEZ. I CONCUR. MS. CRUZ. I CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR. MR. TEAL? YES, I CONCUR WITH THE FINDINGS OF CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF AG. MOTION PASSES 11 TO ZERO. CONGRATULATIONS. YOU'RE WELCOME. ALL RIGHT. NEXT CASE. ITEM NUMBER 12, BO O A 22 1 0 3 0 1 7 9 28 19 SOUTHEAST MILITARY DRIVE COUNCIL DISTRICT NUMBER THREE, APPLICANT BEING CHARLES RILEY. A REQUEST FOR A 15 FOOT VARIANCE FROM THE 30 FOOT REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO HAVE A 15 FOOT REAR SETBACK. THE CURRENT ZONING IS C TWO COMMERCIAL DISTRICT. THE SUBJECT PROPERTY IS CURRENTLY AN UNDEVELOPED AREA AND IS LOCATED ALONG SOUTHEAST MILITARY DRIVE NEAR SOUTH NEW BRAUNFELS AVENUE. THE APPLICANT IS REQUESTING A 15 FOOT VARIANCE FROM THE 30 FOOT REAR SETBACK REQUIREMENT DUE TO THE SUBJECT PROPERTY ABUTTING A MULTI-FAMILY APARTMENT COMPLEX. THE IN THE INTENTION OF THIS VARIANCE IS TO BUILD A COMMERCIAL SHOPPING CENTER CENTER ON THE LOT. HERE IS THE SITE PLAN WITH THE 15 FOOT REAR SETBACK. THE SUBJECT PROPERTY, IT'S CURRENTLY A VACANT LOT AND THIS IS THE PROPOSED SETBACK LOCATION. JUST TO GIVE YOU ALL A BETTER VIEW, THE SURROUNDING AREA RECOMMENDATION, [03:00:01] REAR SETBACK VARIANCE STAFF RECOMMENDS APPROVAL IN BO A 2 2 1 0 3 0 0 1 7 9 BASED ON THE FOLLOWING FINDINGS OF FACT, THE APPLICANT IS REQUESTING A VARIANCE PRIOR TO OBTAINING A BUILDING PERMIT. AND TWO, THE CONSTRUCTION OF A RETAINING WALL WILL PROVIDE SEPARATION TO THE ADJACENT PROPERTY. AND THREE, THERE IS A LIMITED AMOUNT OF SPACE AVAILABLE TO COMPLY WITH THE REAR SETBACK REQUIREMENT. AND LASTLY, FOUR, THE STRUCTURE WILL CONFORM TO THE FRONT AND SIDE SETBACK REQUIREMENTS. STAFF MOWED OUT 15 NOTICES WE RECEIVED ZERO IN FAVOR, ONE IN OPPOSITION AND THERE WAS NO RESPONSE FROM THE HIGHLAND HILLS NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF PRESENTATION AND THE APPLICANT IS HERE. MANNA COMMISSIONER MANNA. SO, SO, UM, CAN YOU POINT UP ON THIS MAP, SO WHAT PROPERTY WE'RE TALKING ABOUT? UM, SO IS IT THE ONE THAT'S CIRCLED IN THE CENTER? UM, IT IS. SO THE MAJORITY OF THE PROPERTY IS MF 33, EXCEPT FOR THE C TWO PORTION IN THE BOTTOM, WHICH IS CAUSING THIS. AND IT DOES NOT LOOK LIKE THE C TWO IS, UM, POINTED OUT ON THIS MAP. IF Y'ALL CAN PULL UP THE ONE STOP MAP, IT'LL SHOW IT ON THERE. IT'S BASICALLY THE PART FRONTING MILITARY DRIVE AT 28 19. IT HAS A VERY WEIRD ZONING CONFIGURATION, WHICH IS MY GUESS WHY THE C TWO IS NOT POP POPPING UP ON THE MAP. YEAH, I'M JUST TRYING TO UNDERSTAND WHICH PROPERTY WE'RE TALKING ABOUT. SO, 'CAUSE IT, BECAUSE IT DOES LOOK LIKE IT. OH, IT'S THIS WEIRD MAN THAT IS, THAT SURE IS AN ODD LOOKING. IT IS VERY ODD LOOKING. SO YOU SEE THE I D Z THERE TO THE WEST, THE I D Z TWO, IT IS THAT BOTTOM PORTION THAT'S GOT THE WEIRD SHAPE TO IT. YEAH, IT'S THAT BOTTOM HALF RIGHT THERE. YEAH. AND IT'S, IT'S ALL THE SAME LOT. CORRECT? BECAUSE I, I'M TRYING TO UNDERSTAND THE, THE, THE, THE LAYOUT, UM, UM, THE, THE SITE PLAN. 'CAUSE THE SITE PLAN LOOKS LIKE IT EXTENDS, DOESN'T MATCH THIS. SO I'M TRYING TO RECONCILE THE SITE PLAN VERSUS THE ZONING MAP. AND MAYBE I'M JUST NOT READING THE SITE PLAN CORRECTLY. SO THESE COMMERCIAL TRACKS, YOU DON'T HAVE THE FULL SITE PLAN THAT IS LIKE, IS THERE A NORTH ARROW ISSUE TO WHERE THAT, THAT THAT WHAT WE'RE SEEING IS ROTATED COMPARED TO I DON'T THINK THEY DO. OKAY. WELL, I'M SURE WE'LL BE WE'LL, WE'LL, I KNOW I GOT, WE'LL ASK YOU QUESTIONS AFTER WE'RE, WHEN WE GET TO THAT, DID YOU BRING AN EXHIBIT? WE ARE ABLE TO POST IT UP AND SO BE BEFORE WE, BEFORE WE GET INTO THE APPLICANT, I JUST WANNA MAKE SURE I KNOW I WAS THIS GUY. YEAH, WE'LL, WE'LL GET THERE IN A SECOND, BUT I, I'M TRYING TO HELP HIM. I I KNOW, BUT I KNOW WHAT Y'ALL ARE ASKING AS FAR AS, AND WE'LL, WE, WE WILL PLAID THERE'S A, WE'LL, WE'LL CALL YOU UP IN A SECOND, SIR. UH, BUT SO OUTTA CURIOSITY, WHEN YOU HAVE ONE LOT THAT HAS TWO DIFFERENT ZONINGS ON IT, YOU APPLY THE SETBACKS WITHIN THE LOT, NOT TO THE ABUTTING PROPERTY LINES. YOU DON'T, YOU KNOW WHAT I'M GETTING AT WAY? YEAH, IT, IT, WE'RE GONNA, WE APPLY WITH THE SEPARATION OF THE ZONING DISTRICTS. CORRECT. OKAY. SO THAT OKAY. I I WAS JUST CURIOUS, UH, DOES IT HAPPEN OFTEN? DOES NOT HAPPEN OFTEN. AND A RETAINING WALL, THIS IS A TRUE RETAINING WALL. IT'S RETAINING EARTH, NOT, IT'S NOT BEING USED AS A, AS A OVER-GLORIFIED FENCE. I THINK THAT'LL BE A QUESTION FOR THE APPLICANT, BUT FROM WHAT WE CAN TELL, BUT IF IT, IF IT'S A TRUE RETAINING WALL, THAT'S, THAT'S, DOES THAT EVEN COUNT FOR, FOR SETBACK ISSUES? I MEAN, IS THAT SO YEAH, THE RE RETAINING WALL IS NOT GONNA COUNT FOR ANY SETBACK OR EVEN FENCING ISSUES IF THIS IS TRUE RETAINING WALL. OKAY. IS THERE ANY OTHER COMMISSION QUESTIONS FOR STAFF BEFORE WE HAVE THE APPLICANT COME UP? ALRIGHT, UH, SIR, IF YOU COULD PLEASE COME UP AND, AND IS THERE, UH, THERE'S NO ONE SIGN UP TO SPEAK ON THIS ISSUE, A PUBLIC COMMENT. ALRIGHT, WE'RE GONNA, IT'S, IT'S, IT'S ALL, IT'S ALL YOU SIR. . GOOD AFTERNOON. MY NAME IS CHRISTOPHER STEIN. I'M ONE OF THE MEMBERS HE HAD INTRODUCED CHARLES RILEY. UNFORTUNATELY, HE'S IN DEPOSITION. HE'S AN ATTORNEY THIS MORNING OR THIS AFTERNOON. UH, HE'S MY, ONE OF MY BUSINESS PARTNERS AT THIS LOCATION. AND THE POINTER, I'M GONNA TRY TO GO BACK AND, AND ANSWER YOUR QUESTIONS. AND [03:05:01] ONE OF THE QUESTIONS I WANTED TO ANSWER, SOMEONE ASKED ME IF I HAD SOME DRAWINGS. UH, YES. UNFORTUNATE CAN PROJECT THIS YELLOW HILLS OFFICE WAS ROBBED OVER THE WEEKEND. UGH. COMPLETELY DESTROYED. UH, INTERNET'S DOWN. I HAD TO GET CALL ANOTHER OFFICE TO RUN ME OVER THE ACTUAL FORM TO GET HERE TODAY AND MY WRITTEN RESPONSES. SO I'M GONNA WING IT, , BUT I AM FAMILIAR WITH THIS PROJECT. I CAN TELL YOU. UH, WELL YOU BROUGHT UP ALL KINDS OF VERY GOOD QUESTIONS. NUMBER ONE, THERE'S A PROPERTY BOUNDARY AND IT'S GONNA COME IN HERE. THE REASON WHY WE'RE DEALING WITH ONE LEGAL, BUT PROBABLY CONFUSED THEM TOO, IS BECAUSE OF THE PERTAINING PLAT WHERE IT'S ALMOST READY TO GO. IT'S AT THE FINAL STAGES TO BE SUBMITTED FOR APPROVAL. MOST OF THE COMMENTS AND STUFF HAVE ALREADY ALL BEEN ADDRESSED. UH, THE RETAINING WALL WAS BROUGHT UP IN OUR LANGUAGE AS OF MERE SITE. UH, WHEN YOU LOOK AT TWO PROPERTIES AND HOW THEY'RE SEPARATED VIA SETBACK, SIDE FRONT REARS, WHEN YOU HAVE RETAINING WALLS, ELEVATIONS AND DROPS IN ELEVATIONS. AND YES, THIS IS A REAL RETAINING WALL, MODULAR BLOCK LIGHTING. UH, IT'LL HAVE ROD IRON FENCING AROUND THE TOP SHRUBBERY. SO YOU'RE CREATING BY A MIRROR ILLUSION OF MORE SEPARATION, NOT BY A MIRROR OF, NOT BY MEASUREMENT. SO WE'RE SAYING, YOU KNOW, HAVING A 30 FOOT SETBACK WITHOUT A WALL, WITHOUT DROPS, WITHOUT, YOU KNOW, A LOT OF SEPARATION. AND THE TWO PROPERTIES YES. THE, THAT THEY LOOK VERY DIFFERENT WHEN YOU'RE FROM AESTHETICS AS FAR AS, UH, THE WALL IS, UH, TRY TO KEEP THE MIC CLOSE. I HEARD THE COMMENTS. THE WALL STARTS UP HERE AND COMES AROUND AND ALL IN HERE IS A LITTLE BIT ELEVATED. SO THERE'S A CUT BECAUSE OF THE A D A, YOU KNOW, PARKING AND SO FORTH TO KEEP THIS AREA ALL FLAT. UH, THIS IS A STRIP CENTER. THESE LINES ARE JUST AN ARCHITECT DRAWING LINES, YOU KNOW, THEY DON'T MEAN ANYTHING AT THIS POINT. UH, WE OWN THE PROPERTY TOO. I WANTED TO COMMENT ON BOTH SIDES. WE ARE THE OWNER OF THE, UH, APARTMENT COMPLEXES. AND THIS NOW ANSWER YOUR QUESTIONS OR ONE OF YOUR QUESTIONS ABOUT HOW ARE WE DEALING WITH TWO ZONINGS ON A LOT? THAT'S BECAUSE WE'VE ALREADY WENT TO THE ZONING COMMISSION. WE'VE ALREADY GOT OUR PLAN, OUR ZONING APPROVED. WE'VE HAD IT CHANGED ONLY PERTAINING TO THIS AREA OF THE PROPERTY. SIR, BEFORE YOU CONTINUE, YOUR PLAT IS THE CIELO CENTER SUBDIVISION. YES. WE'RE THE OWNERS OF THE CIELO CENTER SUBDIVISION HERE, WHICH WILL HAVE A LOT IN PLATT NUMBER VERY SHORTLY. AND WE ARE ALSO THE OWNER OF THE MF 33 ZONING BEHIND IT. AS OF NOW WE'RE DEALING WITH ONE TRACK. YEAH. SO STAFF, CAN YOU GET YOUR HANDS ON T NUMBER 21 18 0 0 5 9 5. WE'RE ALREADY ON IT. THANK WE'RE THANK YOU. WE'RE JUST TRYING TO GET IT TO FORMAT THE RIGHT DIRECTION. GOT IT. UH, PLEASE CONTINUE, SIR. AND UH, I'M TRYING TO GUESS YOUR OTHER QUESTIONS BY EARLIER. UH, WHAT THE, THE REASON FOR THIS TOO IS IN HERE YOU SEE HOW WE CREATED A LANDSCAPE ISLAND AND THIS DRIVE AND PUSHING THIS BACK, I CAN TELL YOU THAT, UH, WE HAVE DRAWN THIS AND THIS PIECE OF TRACK AND PROPERTY, BOTH THROUGH THE ENGINEERING DRAINAGE, ARCHITECTURAL PARKING LAYOUT, VEGETATION, RETAIN WALLS, SEVERAL DIFFERENT WAYS. AND WE'VE BEEN WORKING ON IT FOR OVER ABOUT OVER A YEAR AND A HALF. WE'RE PROBABLY GETTING CLOSE TO TWO YEARS. AND, UH, THE REASON WHY WE'RE ASKING FOR THE VARIANCE AND RIGHT HERE AT THIS WALL BECAUSE OF THE CORNER OF THIS BUILDING. AND WE DREW THAT PROPERTY LINE THERE, . SO WE'RE ASKING FOR A VARIANCE OF OUR OWN DRAWING, BUT IT'S FOR CEMENT. UH, THERE IT IS. KNEW THERE WAS. OKAY, WELL THAT'S GOT THE TOPO IS ZOOM INTO THE, THE, THE AREA IN QUESTION PLEASE. STAFF, UH, CONTINUE SIR. THE AREA IN QUESTION, SEE THE TOPOGRAPHICAL, THIS IS A GOOD POINT. THERE YOU GO. SEE THIS BOUNDARY? THIS IS THE ODD SHAPE OF THE LOT. AND THIS DOES PRO PROVIDE, LIKE REAR PARKING FOR OWNERS OF THE BUILDING. WE CREATED DUMPSTER SPOTS, UH, STUFF WE WANNA PUT OUTTA SIGHT OUTTA MIND. NOT PER SE, PER CODE NECESSARILY, JUST TO HAVE THE MOST AESTHETIC PROPERTY SINCE WE OWN BOTH SIDES. WE'RE, WE'RE AN INVESTOR [03:10:01] AND, UH, A LONG TERM. WE'VE OWNED THIS PROPERTY AND WE'VE OWNED THIS COMPLEX FOR ABOUT 12 YEARS AND WE'VE GOT MILLIONS OF DOLLARS INVESTED BEYOND ITS PURCHASE ALREADY IN THIS PROPERTY AND THIS STRIP CENTER. UH, NOT ONLY IS IT SOMETHING THAT'S NOT GONNA HARM THE PUBLIC, IT'S ACTUALLY GONNA BE SOMETHING THAT HELPS THE PUBLIC. THE BUS STOP THAT USED TO BE ON OUR PROPERTY RIGHT HERE AT THIS, WHERE THIS APPROACH IS A CURRENT APPROACH HERE, USED TO BE HERE AND IT GOT MOVED OVER DOWN THE ROAD. TEX THOUGHT JUST DID SOME MODIFICATIONS. PART OF THE BROOK CITY DEVELOPMENT, THERE'S A MOUNTAIN OF DEVELOPMENT GOING ON DIRECTLY ACROSS THE STREET FROM US. THERE'S A RESTAURANT GOING IN ON THE CORNER TO OUR WEST. YES. AND THEN THERE'S A MULTIPLE STORY BUILDING GOING IN ALSO TO OUR WEST, BETWEEN US AND THE RESTAURANT. UH, YOU HAVE A ANY MORE QUESTIONS ABOUT THE LAYOUT? HERE'S THE SHAPE THAT WAS BEING CUT OUT. NOW THIS IS WOODROW AVENUE. I CAN EXPLAIN IN CASE SOMEONE GETS HUNG UP HERE. THIS IS ALSO CONFUSING. THIS WAS AT THIS APARTMENT COMPLEX WAS ORIGINAL BROOKS AIR FORCE BASE, MILITARY HOUSING AND SO FORTH. SO WHEN PEOPLE TALK ABOUT THE DOING SOMETHING IN THE BROOK CITY BASE, THIS IS LITERALLY DOING SOMETHING ACTUALLY IN THE BROOK CITY BASE. AND, UH, RIGHT HERE THERE'S A JOG IN THE PROPERTY. AND THE CITY WAS A JOINT VENTURE WITH BANK OF AMERICA AND FRANKLIN AND SEVERAL OTHER PEOPLE, UH, BACK OVER HERE FOR THE GREEN LINE DEVELOPMENT, ANOTHER LARGE MULTI-FAMILY HOUSING. AND WHAT THE CITY ENVISIONED IS THAT RESTAURANT, THE MEDICAL, YOU KNOW, KIND OF WHAT WE'RE DOING. WE EXPLAINED WE WOULD TRADE OFF OUR OWNERSHIP OF WOOD DROVE TO THE REAR IN ORDER TO GET SOME FRONTAGE FOR THIS BUILDING AND GAIN, WHICH THEY NEEDED FOR THEIR COMPLEX. AND WE COULD GAIN 60 FOOT OF WIDTH IN THE FRONTAL MILITARY. IF YOU ZOOM OUT OR PULL IN, I'LL SHOW YOU. UH, KEEP GOING DOWN. WE GOT THIS DOWN THE OTHER WAY, I'M SORRY. AND THEY GOT, IF YOU KEEP GOING, IT GOES ON AND ON AND ON. WE GAVE UP THE MAJORITY OF WOODROW TO MAKE THIS CENTER WORK AND TO HELP MAKE THE ADJACENT COMPLEX WORK. IT'S, YOU KNOW, IT'S A, IT'S A PARTNERSHIP OUT THERE OF SEVERAL LANDOWNERS AND, UH, THEY GOT TO KEEP ALL OF THIS, WHICH WAS PART OF OURS. AND SO, UH, YOU HAVE ANY MORE QUESTIONS ABOUT THIS DRAWING? I COULD TAKE Y'ALL BACK TO THE OTHER DRAWING. NO, I MEAN WE'RE, I MEAN WE'RE JUST HERE FOR THE SETBACK, BUT I YEAH, BUT I, I, I THOUGHT I WOULD EXPLAIN HOW IT ALL FEELS THIS SETBACK AND THE DEPTH, THE DEPTH OF THIS PROPERTY IS IMPORTANT. THERE IS SOMEONE THAT DID PROTEST, WE DON'T KNOW, I DON'T KNOW WHO THEY ARE AS FAR AS NAME. THEY'RE A HOME THAT LIVES BACK UP BEHIND THIS IS ANOTHER STREET AND THEY'RE UPSET ABOUT AN EASEMENT ALLEYWAY, WHICH WE DON'T OWN. AND WE'RE TRYING TO WORK WITH THEM, TRYING TO WORK WITH THE SAN ANTONIO SAFE DEPARTMENT. AND IT'S MORE DUE TO HOMELESS ACTIVITIES AND STUFF, NOT DUE TO OUR DEVELOPMENT. AND I'M SURE THEY WISH THAT, YOU KNOW, OR FEEL THAT, YOU KNOW, WE SHOULD CLEAN THIS UP, BUT WE JUST CAN'T TAKE OUR EQUIPMENT ACROSS THE PROPERTY LINE. BUT, UH, AND IF THEY WERE, AND THEY HAD A CONCERN, WE'D BE, I'D BE THE FIRST ONE TO ADDRESS IT BEFORE I GET HERE. BUT THAT WAS ONE THAT DID WRITE IN. HE MAY BE ABLE TO, THEY MAY BE ABLE TO SHARE WITH YOU SOME OF THAT, BUT THEY DO, THEY LIVE A THOUSAND FEET AWAY BEHIND IT. UH, WE'RE THE OWNERS BOTH NORTH AND SOUTH WHERE IT AFFECTS. OKAY. AND THE, THE CORNER ALSO THE CORNER, RIGHT ON THE OTHER SIDE IS ALSO COMMERCIAL. WHERE WE ARE CREATING THE SEPARATION IS COMMERCIAL AND THAT BUILDING IS SET BACK TOO. SO, YOU KNOW, IF, IF THERE'S ANY QUESTIONS, I MEAN I I I THINK THIS PAINTS A BETTER PICTURE OF WHAT EXACTLY IS HAPPENING. I JUST, PART OF THIS IS IS THAT WHEN YOU HAVE AN ENORMOUS USE OF PROPERTY, AND WE JUST START, YEAH, IT'S SEVEN AC START ENTERTAINMENT SETBACKS, I THINK. AND WE'RE DRAWING A DRAWING ON ONE AN ACRE, ACRE AND A HALF. SO QUESTION FOR LEGAL, CAN THE MAKER OF THIS MOTION REFERENCE THE PROPOSED PLATT AND, AND TALK ABOUT HOW THE SETBACK IS ONLY PERTINENT TO THE PROPOSED LOT ONE SO THAT WE'RE BEING A LITTLE MORE CLEAR WITH WHAT WE'RE PROPOSING? YEAH, WE'VE RESEARCHED THAT. NO, IT'S THE, THE, THE PROPERTY, IT'S, IT WOULD'VE TO BE THE HOLE. OKAY. BECAUSE THIS IS, WE'RE, WE'RE APPROVING A SETBACK INSIDE OF THE PROPERTY. AND IF WE, IF WE MOVE FORWARD WITH IT JUST BEING THE SLOT, IT IMPLIES THAT THE SETBACKS IN THE REAR OF THE MAIN RECTANGLE LIKE WAY UP THERE, UH, BY THE RESIDENTIAL [03:15:01] AND NOT INSIDE OF THIS PROPERTY THAT'S BEING CUT UP. YOU KNOW WHAT I MEAN? THIS JUST SEEMS KIND OF WHAT THAT, HOW DO WE GET A LITTLE MORE SPECIFIC? YOU CAN MAYBE REFERENCE THE, UM, PROPOSED LOT TWO, IT'S GONNA BE LOT TWO, BUT THE PROBLEM IS WE, WE WENT OVER THIS AND IN ORDER TO PROCEED WITH THIS ITEM FORWARD, WE HAVE TO USE WHAT WE HAVE AS A LEGAL TODAY. OKAY. AND THAT'S THE ONLY THING WE HAD. SO, UM, YOU CAN REFERENCE THAT IT IS, THIS IS GOING TO BE PLATTED LOT TO, UM, CAN YOU BRING YES, I WOULD AGREE. AND ALSO TO CLARIFY THAT IT'S APPROPRIATE TO COME HERE BEFORE WE GO FINALIZE THE PLA AND THE WALL AND DRAW A BUILDING. UNDERSTAND, CAN YOU BRING THE PLAT BACK UPBRINGING TO YOU? WE COULD WORD THAT AS A SETBACK PERTAINING TO LOT TWO AND REFERENCE THE OTHER PARCEL. THANK YOU. BEHIND THE, THE MF 33 LOCATED BEHIND IT THAT SPECIFICALLY DIVIDES THE MF 33 FROM, I WOULD, I WOULD READ THE MOTION, UH, AS I WOULD READ THE MOTION, YOU KNOW, AS SUGGESTED, BUT I WOULD ADD SOMEWHERE IN THE, IN THE MAIN PART OF IT THAT AS A CLARIFICATION, THE LO IT'S AS PER THE SITE PLAN PROVIDED AND THEN WHICH IS, WHICH CORRESPONDS WITH THE REAR SOUTHEAST, SOUTHEAST OR SOUTHEAST CORNER OF, OF THE PROPOSED LOT TWO OUT OF PLATINUM NUMBER. WHAT? CAN YOU BRING THAT FLAT NUMBER UP TOP RIGHT CORNER? YEAH, YEAH. 1 1 8 0 0 5 9 5. YEAH. 5 9 5. OKAY. YEAH, JUST IT WOULD, I JUST, IT WOULD BE APPROPRIATE TO, YOU KNOW, AS, AS PROVIDED ON THE, ON THE, UH, UM, APPLICANT'S SITE PLAN AND, AND CORRESPONDING WITH THE PROPOSED NORTHEAST CORNER OF LOT TWO, SOUTHEAST, SOUTHEAST CORNER. UH, WELL WOULDN'T BE THE, NOT OF LOT TWO THEN IT WOULD BE THE, IT WOULD BE THE NORTHEAST CORNER OF LOT TWO, LOT TWO IS ON THE BOTTOM. SO THE NORTHEAST CORNER OF LOT TWO OUT OF PLAT 21, NUMBER 21 18 5 95. OKAY. MANANA. SO COMMISSIONER MANNA. SO COULD YOU GO BACK TO THE, UM, THE MAP THAT SHOWS THE BOUNDARY OF THE NOTIFICATION, THE TWO FOOT? SO THE QUESTION I HAVE IS THERE'S A LITTLE LOWER BOOT SECTION THERE ON THE, UM, DOWN IN HERE. NO, ACTUALLY WHERE, WHERE IT CUTS IN. SO RIGHT THERE. YEAH. SO, SO DO YOU ALSO OWN THAT PROPERTY THAT IS THAT LITTLE YES. AND WE OWN OVER HERE TOO NOW. OKAY. THAT BOOT TO TO, TO EXPLAIN IS PART OF THE WOODROW AS YOU AS, AS YOU CAN ENVISION, WHENEVER YOU HAVE A T INTERSECTION, IT'S NOT A STRAIGHT, IT'S GOT FLARES FOR THE ROUNDED TURNS COMING IN AND OUT OF THE ROAD. SO THAT'S WHY YOU HAVE THAT FUNNY ANGLE, UH, THAT ANGLE'S GONE. THAT PROPERTY LINE IS OVER HERE NOW. SO, SO THE PLATT THAT WAS PRESENTED INCLUDES THE, UH, INCLUDES THAT, THAT OFF SECTION AS WELL AS PART OF THE NEXT SECTION, CORRECT? YES. GOOD QUESTION. AND SO THAT'S WHAT I WAS ASKING EARLIER WITH REGARDS TO, UM, DOES THAT, DOES THAT WHOLE PIECE OF PROPERTY NEED TO BE PART OF THE NOTIFICATION AREA? UM, UM, OR IS IT JUST AS ONE CORNER? 'CAUSE THAT ONE CORNER IS THE, THE PART THAT'S BEING SOUGHT FOR REGARDING THE, UM, UM, YEAH, WHAT, WHAT IS IT WOULD BE CURRENTLY PART OF THE NOTIFICATION AREA. HOLD ON SIR. SIR, HOLD ON, SIR. HOLD ON A SECOND. SO WHAT, WHAT STAFF HAD TOLD US WAS, IS THAT BECAUSE THIS PLATT IS NOT RECORDED, THESE LOTS DON'T EXIST. THIS COMBINATION OF LOTS DON'T EXIST. ALL THEY HAVE TO GO WITH IS, IS WHAT THE PROPERTY IS LEGALLY DEFINED AS TODAY, WHICH IS A LITTLE CONFUSING, BUT IT'S THAT'S BECAUSE, BECAUSE ON BEAR COUNTY, SO B A DOES SHOW THE BOOT PART. SO AS IT, WELL BECAUSE IT HASN'T BEEN COMBINED YET, SORRY, IT HASN'T BEEN COMBINED YET. ONCE APPLY GETS RECORDED, BE BEARER COUNTY WOULD BE NOTIFIED AND THEN THEY'LL ADJUST THEIR MAPS ACCORDINGLY. WE'LL TELL TAX ON IT FOR THE LAST YEAR. OH, I'M, THEY'RE THEY'RE AWARE OF IT. THEY'RE NOTIFIED. THEY JUST HAVEN'T UPDATED. YEAH, THEY, AND THEY WON'T UNTIL THE PLOT'S RECORDED. YES. YEAH. SO, OKAY. I JUST WANT, YOU KNOW, I JUST, I I'M NOT AGAINST THIS AT ALL, I'M JUST, JUST TRYING TO UNDERSTAND, YOU KNOW, WITH REGARDS TO NOTIFICATION AND THEN, YOU KNOW, THAT CONFUSING BOUNDARY LINE AND SO, SO, SO IF I HEARD CORRECTLY OR IT'S BECAUSE, UM, IT'S ONLY APPLIED AGAINST WHAT THEY CURRENTLY OWN AND THE REST OF THE PROPERTY ISN'T NECESSARILY COMBINED, BUT EVEN THOUGH THE SITE PLAN INCLUDES THE OTHERS, THEY DON'T NEED TO BE INCLUDED IN THE CURRENT REQUEST. STEPH, CAN YOU PLEASE PAN THE PLANT TO THE TOP LEFT HAND CORNER TO KEEP MOVING OVER TO THE SIDE, OTHER SIDE? KEEP GOING. OKAY. COME DOWN A LITTLE BIT. OKAY. SO THIS IS THE AREA. IT'S A, IT'S A PAN DOWN JUST A LITTLE BIT MORE. OKAY. SO THIS IS AREA BEING REPLANTED WITH A WRITTEN NOTIFICATION. SO TRACK TWO IT'S [03:20:01] HERE. IS IS THERE THE BOOT, ALL THAT'S INCLUDED AND THAT'S, AND THAT'S WHAT THEY'RE SAYING WE'RE GONNA TAKE AND THEN COMBINE INTO THIS THING. YES. AND THE NOTIFICATION REQUIREMENT WAS ON THE ACTUAL FULL TRACK UNTIL THIS PLATT'S DONE. RIGHT. YOU'RE YOU'RE RIGHT. THEY HAVEN'T ASSIGNED IT YET, SO, SO YES, WE MET THE NOTIFICATION REQUIREMENTS. IN FACT, HAD THIS ALREADY BEEN PLOTTED, UM, IT WOULD NOT HAVE CAPTURED THOSE, UH, PROPERTIES TO THE NORTH. YEAH, RIGHT? CORRECT. ALL RIGHT. SO IS THERE TO THE QUESTION, BUT TO THE EAST COMMISSION, EAST I OR TO THE WEST. SO, UH, DID WE CAPTURE ALL THE PROPERTIES TO THE WEST? SO YES, THEY'RE ALL THE SAME PROPERTY OWNERS. OKAY. SO, ALRIGHT. ANY OTHER QUESTIONS? HEARING NONE. ALRIGHT, WELL SIR, WE'RE GONNA CLOSE THE PUBLIC HEARING. THANK YOU VERY MUCH. THANK YOU. UM, WE'RE LOOKING FOR A MOTION AND, AND I, I JUST CAN'T, I WOULD REALLY RE UH, UM, APPRECIATE SOMEONE INCLUDING THAT NORTHEAST CORNER OF PROPOSAL AT TWO OUT THAT PLATINUM NUMBER ZUNA. I'LL TAKE IT. COMMISSIONER ZUNA, REGARDING CASE NUMBER BO O A DASH 22 DASH 1 0 3 0 0 1 79. I MOVE THAT THE BOARD OF ADJUSTMENTS GRANT TO REQUEST FOR A 15 FOOT VARIANCE FROM THE 30 FOOT REAR SETBACK REQUIREMENT, UH, FURTHER DESCRIBED AS THE NORTHEAST CORNER OF THE PROPOSED SITE PLAN BEING PLA NUMBER 21 18 0 5 9 5 BEING LOT TWO AS A REFERENCE TO ALLOW A STRUCTURE TO HAVE A 15 FOOT REAR SETBACK SITUATED AT 2 8 1 9 SOUTHEAST MILITARY DRIVE, APPLICANT BEING CHARLES RILEY. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST BECAUSE IT ALLOWS THE DEVELOPMENT OF A COMMERCIAL SHOPPING CENTER ON A VACANT LOT. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP BECAUSE IT WOULD RESULT IN THE APPLICANT HAVING TO ABIDE BY THE 30 FOOT REAR SETBACK REQUIREMENT. THE SIZE AND SHAPE AND THE SHAPE OF THE SUBJECT PROPERTY IS IRREGULAR. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS THE SUBJECT PROPERTY CONFORMS TO THE FRONT AND SIDE SET SETBACK REQUIREMENTS. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED AT THE PROPERTY ZONE C TWO AND THE USE OF THE PROPERTY IS A VACANT LOT. CURRENTLY. FIVE SUCH VARIANCES WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. BECAUSE THE PROPERTY LOCATED IS FULLY CONSISTENT WITH THE BROOKS AREA REGIONAL CENTER, UH, SA TOMORROW PLAN AN URBAN MIXED USE CATEGORY. ADDITIONALLY, THE APPLICANT IS PROPOSING TO CONSTRUCT A RETAINING WALL BETWEEN THE SUBJECT AND ADJACENT PROPERTY. SIX. APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SAUDI IS DUE TO THE UNIQUE CRC CIRCUMSTANCES, EXISTING OF THE PROPERTY AND THE UNIQUE CIRCUMSTANCES, UH, CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS. THE DISTRICT OF THE PROPERTY IS LOCATED. IT APPEARS TO APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS A SMALL AMOUNT OF AVAILABLE SPACE ON THE LOT AND OF MOTION. SECOND. SECOND BY COMMISSIONER MANNA. COMMISSIONER ZUNA. ALRIGHT, SO I AM GONNA BE SUPPORTING THE MOTION AS READ. UM, I HELPED DEFINE THE LIMITS OF THE, OF THE SETBACK REQUIREMENT TO HELP, UH, UH, YOU KNOW, IDENTIFY WHERE THE SAID, UM, THE SAID, UH, SETBACK WILL, WILL, WILL BE IN THE STRUCTURE, WILL BE CONSTRUCTED, UM, AND ALLOWS THE APPLICANT TO MOVE FORWARD WITH A RETAIL PROPERTY AND TO CONTINUE THE DEVELOPMENT OF THE BROOKS, UH, AREA, UH, WHICH IS A MAJOR, UM, KIND OF EMPLOYMENT AND, AND, UH, AREA FOR THE STATE OF SAN ANTONIO. COMMISSIONER MANNA. I CONCUR WITH MY COLLEAGUE. ALL RIGHT. IS THERE ANY OTHER COMMISSION YOU'D LIKE TO ADD? HEARING NONE. LET'S HAVE A ROLL CALL. VOTE PLEASE. MR. OZUNA. I CONCUR. MR. MANA. I CONCUR WITH THE FINDINGS OF FACT. MS. LYNN. I CONCUR. MS. ALBERT. MR. ALBERT I CONCUR. MR. MENCHACA I CONCUR. MR. VASQUEZ. I CONCUR. MS. CRUZ I CONCUR. MS. BRAGMAN I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR. MR. THIEL. YES, I CONCUR AT THE FINDINGS OF FACT CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS, . ALL RIGHT, LAST CASE. ITEM 13. THANK YOU. ALL RIGHT. GOOD AFTERNOON, MARCO. MORALE PRINCIPAL PLANNER. ITEM NUMBER 13 IS LOCATED AT TWO 18 SOUTH SAN GABRIELLE AVENUE. UH, IS REQUESTING A THREE FOOT TWO INCH VARIANCE TO REQUIRE A FIVE FOOT REAR SETBACK FOR AN ACCESSORY STRUCTURE TO HAVE A ONE FOOT 10 INCH SIDE SETBACK. A REQUEST FOR A FOUR FOOT VARIANCE TO THE FIVE FOOT SIDE SETBACK FOR AN ACCESSORY STRUCTURE TO ALLOW A ONE FOOT SIDE SETBACK [03:25:01] AND A REQUEST TO, FOR A VARIANCE TO THE 50% MAXIMUM LOCK COVERAGE FOR ALL ACCESSORY STRUCTURES IN THE REAR SIDE YARD. UH, TO ALLOW OVER 50% LOCK COVERAGE TO THE ACCESSORY STRUCTURES. THE SUBJECT PROPERTY IS A SINGLE FAMILY DWELLING JUST LOCATED SOUTH OF THE ENRIQUE EMRE PARKWAY AND WEST COMMERCE SPLIT. THE APPLICANT IS REQUESTING REDUCED VARIANCE FOR THE SIDE AND REAR ACCESSORY STRUCTURE BUILT WITH NO PERMITS. THE STRUCTURE HAS A VEHICLE OPENING ON THE SIDE FACING THE ADJACENT PROPERTY, WHICH DOES NOT BELONG TO THE PROPERTY OWNER. LEMME UH, GO TO THE NEXT SLIDE. THIS IS FROM THE BACK. IT'S THE REAR AND THE SIDE AND SURROUNDING PROPERTIES. STAFF RECOMMENDS DENIAL IN BO O A 22 103 0 0 180 DUE TO THE FOLLOWING FINE OF OF FACT, THEARY STRUCTURE WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND THE ACCESSORY STRUCTURE WILL LEAVE ALMOST NO SPACE ON THE LOT BEHIND THE FRONT FACADE. 39 NOTICES WERE MAILED OUT, ZERO RECEIVED IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM THE LAST NEIGHBORHOOD ASSOCIATION. AND THE APPLICANT IS PRESENT. AND THIS IS SOLELY FOR THE ACCESSORY STRUCTURE, CORRECT? ACCESSORY STRUCTURE AND THE, UH, 50%, UM, LOCK COVERAGE OF ACCESSORY STRUCTURES IN AR REAR. OKAY, THANK YOU. UM, IS THE APPLICANT PRESENT? YOU CAN STATE YOUR NAME AND ADDRESS. MY NAME'S JOSEPH RODRIGUEZ. THIS IS MY MOTHER-IN-LAW. ELIZABETH ESCADA. SHE'S THE ONE THAT RESIDES AT THE RESIDENCE. UH, SHE'S MY MOTHER-IN-LAW AND I'M THE ONE THAT PRETTY MUCH BUILT IT. OKAY, GO AHEAD. SO, UH, I DIDN'T GET A PERMIT. I, I DIDN'T KNOW I NEEDED A PERMIT. UH, I BUILT THE BUILDING, BASICALLY THE VACANT LOT. UH, SHE KNOWS THE OWNER PERSONALLY. HE'S ALWAYS GIVEN US ACCESS, ALLOWED HER TO PARK THERE AND DO OTHER THINGS. UH, WE ASKED HIS PERMISSION, HE SAID HE WAS FINE WITH IT. THE DOORS ARE ON THAT SIDE BECAUSE WE GO IN AND OUT THROUGH THERE. UH, WE HAVE A BOAT IN THERE. WE HAVE OTHER PROPERTY. THERE WAS ORIGINALLY A SMALL WOODEN SHED THERE THAT WAS FALLING DOWN, FALLING APART. WE COULDN'T KEEP STUFF IN THERE BECAUSE IT WASN'T SAFE. SO SHE WOULD KEEP STUFF BEHIND HER HOUSE. UNFORTUNATELY, THEY WERE OUT, THERE'S A LOT OF DRUG ADDICTS IN THE AREA AND THEY WERE CONSTANTLY WALKING THROUGH THERE AND STEALING STUFF. UH, SO WE TALKED AND I SAID, WELL, HEY, LET'S, YOU KNOW, MAKE A BIGGER BUILDING. WE CAN KEEP MY BOAT SOME OF YOUR THINGS. EVERYTHING WILL BE SAFE AND SECURE. UH, AND THAT'S WHAT I DID. OKAY. I DO HAVE A COUPLE OF, UH, THESE FROM SOME OF THE NEIGHBORS. UH, I'M NOT TO MY UNDERSTANDING. SOME, SOME PEOPLE MAY HAVE CALLED IN AND LEFT VOICEMAILS. OKAY. UH, LET'S SEE IF YOU CAN GIVE THOSE A STAFF THAT THEY DON'T ALREADY HAVE THAT INFORMATION. AND THOSE ARE ALL WITHIN 200 FEET OF, OF THE LOT, SIR? YES, SIR. OKAY. NEIGHBORING HOMES. OKAY. OKAY. ALL RIGHT. UM, NOW THERE IS SOMEBODY SIGN UP TO SPEAK ON THIS ONE? UH, ONE VOICEMAIL. ONE VOICEMAIL. SO WE'RE GONNA HEAR A VOICEMAIL AND THEN WE'LL OPEN IT UP TO QUESTIONS WHILE THEY'RE GETTING THAT UP. ALL TH ALL FOUR OF THESE ARE WITHIN 200 FEET, WHICH IS VERIFIED. ALRIGHT. FANTASTIC. YES. HI, MY NAME'S RACHEL IBARRA. MY ADDRESS IS TWO TWO SEVEN SOUTH SAN GABRIEL. PHONE NUMBER IS (210) 279-4291. [03:30:01] AND THIS IS IN REFERENCE TO CASE NUMBER BO A DASH 2 2 1 0 3 0 0 1 8 0. AND I AM IN OPPOSITION, UH, IN REFERENCE TO THE REQUEST OF THE B O A FOR THE PROPERTY ADDRESS OF 2 1 8 SOUTH SAN GABRIEL AVENUE. IT'S NOT A FIRE HAZARD STRUCTURE. IT'S KEPT VERY CLEAN. IT DOES NOT INTERFERE OR BOTHER ANY NEIGHBORS AROUND, UH, THE, UH, STRUCTURE OF HOW IT WAS BUILT. UM, AS FAR AS MY CONCERN, I MEAN, I WOULD STILL, UH, HAVE THE NEIGHBOR KEEP IT WITH NO, UH, AFFECTION TO ANY OTHER NEIGHBORS. THANK YOU. IT SOUNDED LIKE SHE SAID SHE WAS IN OPPOSITION, BUT SHE SAID SHE'S NOT IN OPPOSITION. YEAH. YEAH. WHAT, THAT'S ALL THE PUBLIC COMMENT. I THINK I HEARD. UM, I'M SORRY, MANNA. GO AHEAD. UM, I THINK I HEARD THAT THERE WAS OPPOSITION FOR FIRE HAZARD. UH, THE REST OF THE REST OF HER DIALOGUE WAS IN SUPPORT, BUT I THINK SHE DID HAVE CONCERN ABOUT FIRE HAZARD. OKAY. I HEARD IT AS SHE DOESN'T SEE A FIRE HAZARD. UH, AND THAT THE VOICEMAIL WAS FROM SOMEBODY THAT HE PRESENTED AS BEING IN FAVOR. YES. IT'S ALSO HERE. OKAY. UM, WITH THAT, I MEAN WE'RE GONNA HAVE SOME QUESTIONS. IS THERE ANY COMMISSIONER QUESTIONS? CRUZ, COMMISSIONER CRUZ? UM, AND I GUESS I DIDN'T SEE IT OR STAFF DIDN'T BRING IT UP. HOW WAS THIS CASE BROUGHT UP TO OUR ATTENTION CODE COMPLIANCE. SO IT WAS A REPORT TO CODE AND THEY WENT AND INSPECTED? YES. UH, CODE, UH, WENT ON THERE IN JULY 5TH AND, UH, STARTED AN INVESTIGATION. OKAY. THANK YOU. I APOLOGIZE IF I DIDN'T SAY THAT. OKAY. UH, ANY OTHER QUESTIONS? MINCHA, COMMISSIONER MINKA, WHAT WAS THERE BEFORE YOU PUT THE STRUCTURE UP? UH, UH, WOODEN, LIKE A WOODEN SHED. UH, WHAT WAS THE SQUARE FEET OF THAT? UH, MAYBE 120, 120 SQUARE FEET. LIKE A 12 BY 10. LET'S SEE. AND THEN YOU WENT UP TO ABOUT MAYBE 300 SQUARE FEET? YEAH. 'CAUSE I, I, MY MY THINKING WAS, WELL IF WE'RE GONNA MAKE SOMETHING, LET'S MAKE IT WHERE IT'S, SHE LIVES THERE. WE LIVE OFF PETRANKO, BUT I HAVE A BOAT AND I WOULD KEEP IT IN A STORAGE. AND I SAID, WELL, WE'LL MAKE THE, WE'LL MAKE YOU A BIGGER SHED WHERE YOU CAN KEEP YOUR PROPERTY. I CAN KEEP MY BOAT IN THERE. UH, SO THAT'S WHY I MADE IT THE SIZE THAT I DID. AND IF YOU LOOK AT THE PROPERTY, SO WHEN I ORIGINALLY STARTED TRYING TO FIGURE OUT WHAT WE WERE GONNA DO, IT WAS ODD TO ME BECAUSE HER HOUSE, I GUESS IT'S THE NORTH SIDE OF HER HOUSE, IS DIRECTLY ON THE FENCE LINE. I DON'T KNOW IF THE PROPERTY ORIGINALLY WAS TWO PROPERTIES AND NOW ONE'S A VACANT LOT AND ONE IS HERS 'CAUSE IT'S ONLY 25 FEET WIDE. UH, SO HER HOUSE IS RIGHT UP, HER FENCE BUTTS UP AGAINST TO THE SIDE OF HER HOUSE. AND THAT'S WHY WE BUILT THE STRUCTURE THAT WAY. I DIDN'T THINK THERE WAS, UH, AN EASEMENT BECAUSE OF THE WAY HER HOUSE IS. SO I BASICALLY WENT WITH, OTHER THAN THE BACK, OBVIOUSLY THERE'S NOTHING BACK THERE BUT THE SIDES, I MEAN, THE SIDE OF HER HOUSE IS RIGHT UP THE FENCE BUTTS UP AGAINST IT. AND WE HAD AN ISSUE BECAUSE THERE'S AN OLD TREE THERE THAT WE BROUGHT UP TO THE OWNER OF THE VACANT LOT. AND HE SAYS THE TREE'S IN OUR PROPERTY, BUT OBVIOUSLY IT WOULD BE IN HER HOUSE IF IT WAS IN OUR PROPERTY, IF THE GATE BUTTS UP AGAINST THE SIDE OF HER HOUSE. SO YOU HAVE LIKE PLUMBING AND ELECTRICAL AND THIS WHOLE THING INSULATED. THERE IS NO PLUMBING, THERE IS NO INSULATION, THERE IS ELECTRICAL, THERE IS LIGHTS IN THERE. KAPLAN, COMMISSIONER KAPLAN. SO THE QUESTION, IF YOUR NEIGHBOR WHO'S GOT THE VACANT LOT NOW DECIDES TO SELL IT AND DEVELOP IT, WHAT ARE YOU GONNA DO? WELL, I PUT A, I ALSO PUT A DOOR IN THE FRONT IN THE FRONT FACING THE BACK OF HER HOUSE. SO THEN WE CAN ONLY ACCESS THERE. SO BASICALLY IF HE TOLD ME, HEY, YOU CAN NO LONGER USE IT. OR HEY, YOU KNOW WHAT, I'M GONNA SELL THE LOT. AND WHOEVER BOUGHT THE LOT, WE'VE BEEN TRYING TO BUY THE LOT, HE'S NOT READY TO SELL YET. IF HE GETS TO THAT POINT, THEN WE CAN'T OPEN THOSE GATES IN THOSE DOORS ANYMORE. I'LL HAVE TO GET MY BOAT OUT OBVIOUSLY. AND THEN WE CAN JUST USE THE FRONT FACING ONE, WHICH IS AN EIGHT BY EIGHT. SO THERE'S ACTUALLY THREE DOORS ON THAT STRUCTURE, THE TWO ON THE SIDE AND ONE THAT WE CAN ACCESS FROM THE BACK OF HER HOUSE. BUT, UH, TO BUILD ON THAT IS IF, IF, IF THEY, IF STOPPED YOU FROM GOING THROUGH THIS VACANT LOT AND YOU HAD TO USE IT, I SEE WHERE THE OTHER ROLLUP, IS THAT SIDEWALK WIDE ENOUGH FOR YOU TO GET THE BOAT BACK THERE? 'CAUSE IT'S SHOWING IT TO BE FIVE FOOT [03:35:01] SIX INCHES WIDE. NO, THE, I CAN'T GET THE BOAT OUT ANY OTHER WAY THAN THE BIG DOOR. SO THAT'S WHAT I'M SAYING. IF THEY TOLD US, HEY, YOU KNOW WHAT, YOU CAN'T USE A LOT NO MORE, OR I SOLD THE LOT AND WE JUST, THEN I WOULD HAVE TO GET THE BOAT OUT AND THEN WE COULD ONLY GO IN AND OUT BECAUSE OBVIOUSLY THERE, THE WAY HER FENCE LINE IS, IT WOULD BE RIGHT UP AGAINST THE SIDE OF OUR STRUCTURE THE WAY IT IS HER HOUSE, THEN WE COULD ONLY USE IT TO STORE SMALLER ITEMS. RIGHT. OKAY. UH, IS THERE ANY OTHER QUESTIONS? MANNA, COMMISSIONER MANNA? SO, UM, CAN THE SITE BRING UP A GOOGLE AERIAL PHOTO OF THE SITE? OKAY, SO, SO I'M LOOKING AT THE, THE MAP THAT WAS PROVIDED AND IT'S KIND OF, UH, NOT TO SCALE OBVIOUSLY, BUT, BUT IT DOES LOOK LIKE THE DIMENSIONS ARE A LITTLE BIT WONKY WITH REGARDS TO THE DEPTH OF THE HOUSE VERSUS THE WIDTH OF THE ACCESSORY STRUCTURE. AND SO, SO LOOKING HERE, IF I LOOK AT THE BACK OF THE, THE BACK OF THE HOUSE, AND SO I DON'T KNOW, UM, WHERE THE BACK OF THE HOUSE STARTS. UM, AND I'M ASSUMING THE HOUSE IS, IS, UM, ALMOST THE WIDTH OF THE WHOLE PROPERTY. SO, SO IS, IS THE STRUCTURE THAT YOU BUILT ESSENTIALLY, UM, RUNS THE FULL LENGTH ALL THE WAY BACK TO THE BACK LINE OF THE PROPERTY? YES. IN LINE WITH THE, WITH THE, WITH THE HOME, WITH THE HOUSE THAT'S THERE. AND IT'S A FEW FEET. SO THERE'S TWO FENCES IN THE BACK. THERE'S A, A CHAIN LINK FENCE AND A, AND A WOOD FENCE THAT, UM, THE HOME BEHIND PUT A PRIVACY FENCE. SO THERE'S TWO FENCES BACK THERE. OBVIOUSLY THE CHAIN LINK'S CLOSER TO THE STRUCTURE, UH, BUT THERE'S NOTHING IN THE, IN THE EMPTY PROPERTY IN THE BUILDING IS BUILT IN LINE WITH THE, THE HOME ON THE, ON THE VACANT LOT SIDE S SO THIS, YOU KNOW, SO, SO HONESTLY I DON'T SEE THAT OFTEN. WE'RE, YOU KNOW, A HUNDRED PERCENT OF THE YARD IS, IS COVERED WITH A STRUCTURE. SO, SO I DON'T SEE THAT VERY OFTEN. SO, UM, OKAY, SO THANK YOU. WELL THERE'S ACTUALLY, THERE'S AN AREA, I'M NOT SURE THE EXACT SIZE FROM HER HOME TO THE BUILDING. I MEAN YOU COULD, YOU CAN WALK THROUGH THERE AND THEN THERE'S A LITTLE, LIKE A LITTLE PATIO ALSO. YEAH. THE CY PLAN SHOWING A FIVE AND A HALF FOOT WIDE CONCRETE SIDEWALK THAT GOES TO THE REAR AND THEN A, AN EIGHT FOOT PATIO, UH, ALONG THE BACK OF THE HOME. YES. AND THEN IF YOU LOOK AT THE PICS, I MEAN, SO IF YOU LOOK AT THE PICTURES, SO THE AGREEMENT, THE REASON HE LETS US USE THE PROPERTY IS WE KEEP IT CLEAN. SO I MEAN, IT WAS OVERGROWN WITH BUSH TREES, ALL KIND OF STUFF. SHE HAD THE SHED THAT HAD BEEN, UH, THAT HAD FALLEN FOR YEARS, YOU KNOW, AND PEOPLE WOULD JUST GO BACK THERE. AND TO MY UNDERSTANDING, THE REASON CODE ENFORCEMENT IS THERE A LOT IS ON THAT SAME STREET WITHIN 500 YARDS, 300 YARDS, THERE'S UH, HOUSES WITH ALL DRUG DEALERS AND ALL KIND OF THINGS. AND I MEAN, THERE'S ONE HOUSE THAT HAS LIKE A HUNDRED BI METAL THINGS, BICYCLES AND ALL KIND OF STUFF. SO THEY'RE CONSTANTLY IN THE AREA. UH, I KIND OF WISH THEY WOULD'VE BEEN THERE WHEN WE WERE WORKING. THEN WE COULD, THEY COULD'VE TOLD US, HEY, DO YOU HAVE A PERMIT? AND THEY COULD'VE, I GUESS, EDUCATED ME ON WHAT NEEDED TO BE DONE. I THOUGHT, WELL THE HOUSE IS HERE. I MEAN, IF THE HOUSE IS THIS TAKING UP THIS SIZE, YOU KNOW, ALL UP AGAINST THE FENCE LINE, THEN I THINK I'M FINE. SO THAT'S WHY I WENT THE SIZE I DID. OKAY. OKAY. ANY OTHER QUESTIONS? AND DOES THIS BUILDING HAVE GUTTERS? NO. OKAY. COULDN'T TELL. ALRIGHT, GREAT. UH, IF THERE'S NOTHING ELSE, WHAT WE'RE GONNA DO IS, UH, YOU KNOW, CLOSE THE PUBLIC HEARING AND WE'LL DELIBERATE. SO, OKAY. I'M LOOKING FOR A MOTION. NOBODY, I'LL READ IT JUST TO GET AN OUT THERE. OKAY. COMMISSIONER THIEL, REGARDING CASE NUMBER BO O A DASH 22 DASH 3 1 8 0, I MOVED THAT THE BOARD ADJUSTMENT RE GRANTED A REQUEST FOR ONE, A REQUEST FOR A THREE FOOT TWO INCH VARIANCE FROM THE REQUIRED FIVE FOOT SETBACK AS DESCRIBED IN SECTION 35 DASH THREE 70 B ONE FOR AN ACCESSORY STRUCTURE TO, TO ALLOW AN ACCESSORY STRUCTURE TO HAVE A ONE FOOT TENANT SIDE SETBACK TO A REQUEST FOR A FOUR FOOT VA VARIANCE TO THE REQUIRED FIVE FOOT SIDE SETBACK AS DESCRIBED IN SECTION 35 DASH THREE 70 B ONE FOR AN ACCESSORY STRUCTURE TO ALLOW AN ACCESSORY STRUCTURE TO HAVE A ONE FOOT SIDE SETBACK. THREE, A REQUEST FOR A VARIANCE TO THE 50% MAXIMUM LOCK COVERAGE FOR ALL ACCESSORY STRUCTURES IN THE REAR AND SIDE YARD AS DESCRIBED IN SECTION 35 DASH THREE 70 B THREE TO ALLOW OVER 50% LOCK COVERAGE FOR AN ACCESSORY [03:40:01] STRUCTURE SITUATED AT 2 1 8 SOUTH SAN GABRIEL AVENUE. APPLICANT BEING ELIZABETH ESCADA. BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST BECAUSE THE APPLICANT IS REQUESTING A REDUCED SETBACK TO THEIR ACCESSORY STRUCTURE ON THE SIDE AND REAR AND GOING OVER THE 50% MAXIMUM REAR SIDE YARD COVERAGE, WHICH WOULD NOT BE CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP BECAUSE THE SIZE OF THE REAR YARD IS SMALLER THAN OTHERS IN THE AREA, THIS WOULD RESULT IN AN UNNECESSARY HARDSHIP. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS A ONE FOOT 10 INCH REAR SETBACK AND A ONE FOOT SIDE SETBACK WILL LEAVE ENOUGH ROOM FOR THE PROPERTY LINE. AND THE INCREASE IN ALLOWABLE LOT COVERAGE WILL BE OBSERVED, WILL OBSERVE THE SPIRIT ORDINANCE AND WILL NOT ADVERSELY AFFECT SURROUNDING PROPERTIES IN THE IMMEDIATE AREA. FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED AS THE PROPERTY IS ZONED R FOUR AND THE USE OF THE PROPERTY IS SINGLE FAMILY DWELLING. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED BECAUSE THE ACCESSORY STRUCTURE WILL HAVE A REDUCED SETBACK WHILE STILL MAINTAINING SEPARATION FROM THE ABUTTING PROPERTIES. THIS WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT SIX. THE P THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF THE GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE EXISTING LOT IS SMALLER THAN THE ONES IN THE AREA, AND THE OWNER IS LEFT WITH MINIMAL OPTIONS FOR AN ACCESSORY STRUCTURE. END OF MOTION. IS THERE A SECOND? SECOND, SECOND BY COMMISSIONER BRAGMAN? UH, COMMISSIONER THIEL? UH, UNFORTUNATELY, I, I CAN'T SUPPORT THIS, UH, WHEN GOING THROUGH THE, THE, THE HARDSHIPS AND, AND THE, THE THINGS IN ORDER FOR ME TO BE ABLE TO PROVE, I I, I DON'T FEEL THAT THIS MEETS THE REQUIREMENTS NEEDED IN ORDER FOR ME TO BE ABLE TO SUPPORT IT. COMMISSIONER BRAGMAN, I CONCUR WITH MY COLLEAGUE. IS THERE ANY OTHER COMMISSIONS' LIKE TO ADD MANNA COMMISSIONER MANNA? SO, UM, SO ONE QUESTION I GUESS, YOU KNOW, I HAVE IS THAT THERE'S DIALOGUE ABOUT, YOU KNOW, POSSESSING THE, UM, THE, THE, THE, THE ADJOINING LOT AND UM, YOU KNOW, I GUESS IF THE OWNER WAS, OR IF THE PERSON HAD OWNED THE ADJOINING LOT, I THINK I WOULD HAVE A DIFFERENT POSITION ON IT. UM, YOU KNOW, AND SO, UM, YOU KNOW, I GUESS A QUESTION FOR THE CITY IS THAT IF WE, UM, DENY THIS, UM, UM, AND, UM, YOU KNOW, I GUESS IT WOULD REQUIRE THAT THAT 50% OF THE STRUCTURE BE REMOVED AS WELL AS THE SETBACKS. UM, YOU KNOW, UM, AND SO, SO NOW IT'S A TIMING THING, RIGHT? AND SO IF THEY WERE ABLE TO OBTAIN IT, YOU KNOW, I WOULD HAVE A DIFFERENT OPINION I GUESS IS WHERE I WAS GOING. SO, SO I WON'T BE VOTING IN FAVOR, BUT, YOU KNOW, I DON'T KNOW IF WE CAN DELAY A CUSH, YOU KNOW, SO DEFER THIS FOR A PERIOD OF TIME OUT TO GIVE THEM AN OPPORTUNITY TO, YOU KNOW, TO SATISFY MY REQUIREMENT OR, YOU KNOW, AND I MAY BE SITTING BY MYSELF WITH REGARDS TO THAT CORRECT REQUIREMENT. YEAH, I'LL CHIME IN ON THAT. UM, CHUCK. YEAH. SO IF, IF THEY OWN THE ABUTTING PROPERTY, IT CHANGES EVERYTHING. IT, IT DOES CHANGE EVERYTHING. IF THEY HAD AN EASEMENT FROM THE ABUTTING PROPERTY, IT CHANGES EVERYTHING FOR ME. I'M PERSONALLY NOT OPPOSED TO THE 50% ISSUE. UM, AT LEAST I HAVE THE ABILITY TO MAYBE MAKE ADJUSTMENTS TO THE BUILDING OR SOMETHING. BUT, UH, I MEAN, IF, IF I WOULD, I WOULD, I I DON'T MIND, UM, UH, BEING IN THE AFFIRMATIVE ON THE 50%, IF THAT'S SOMETHING YOU'D LIKE TO AMEND THE MOTION. WELL, I READ IT IN THE AFFIRMATIVE. WELL, BUT YOU DID ALL THREE THOUGH, RIGHT? CORRECT. YEAH, I MEAN, I, I, I WOULDN'T BE OPPOSED TO GRANTING THE 50%, UH, EX ACCESSION JUST BECAUSE THIS, THIS LOT'S SO SMALL AND IT, THERE ISN'T MUCH ROOM ANYWAY. UM, BUT I, I, BUT I CAN'T BE, I CAN'T BE, UH, BEHIND THE SETBACKS. SO I DON'T KNOW IF THE MAKER OF THE MOTION WOULD LIKE TO AT LEAST REDUCE THIS DOWN TO THE 50%. I'M NOT OPPOSING 'EM COMING BACK LATER EITHER. I MEAN, I DON'T THINK IT MEANS, I MEAN, I DON'T MIND IT. I'M, I'M ONLY SAYING THEY COULD TRIM THE BUILDING I'D, I'D LIKE TO HELP THE APPLICANT ANY WAY WE CAN. YEAH. UNFORTUNATELY, WITHOUT THE OWNERSHIP OF THE PROPERTY OR AN EASEMENT NEXT DOOR, IT COMPLETELY CHANGES MY DYNAMIC ON HOW I WANNA VOTE ON, ON THIS. SO, UH, I'M GONNA, UM, TAKE A PAUSE. I'M GONNA, I'M GONNA OPEN THE PUBLIC HEARING BACK UP FOR A SECOND. SO LIKE, WE [03:45:01] CAN INTERACT WITH THE, WITH THE APPLICANT. SO WHAT'S HAPPENING IS, IS THAT WE'RE, WE'RE HAVING A LOT OF, UH, ISSUES WITH YOU NOT HAVING A, AN A LEGAL RIGHT TO BE ON THE PROPERTY. UH, DO YOU FORESEE IN THE NEAR FUTURE THAT YOU COULD OBTAIN AN EASEMENT OR OWNERSHIP? BECAUSE WE CAN ALWAYS JUST CONTINUE THIS. SO, SO WE'VE TRIED. OKAY. UH, HE, APPARENTLY HE'S THE OWNER OF COWBOYS BELL BONDS. HE'S, HE'S ALWAYS TOLD SHE'S LIVED THERE FOR 20, 21 YEARS, ALWAYS GIVEN HER ACCESS. WE KEEP IT CLEAN. YOU CAN PARK THERE, YOU CAN GO IN AND OUT, YOU CAN DO WHATEVER YOU NEED TO. UH, IF HE SO IS, I DON'T KNOW IF I, IF I'M UNDERSTANDING WHAT THE ISSUE IS THERE, SO IF THOSE DOORS ARE NO LONGER OPERABLE AND I REMOVE MY BOAT, DOES THAT CHANGE THE FACT THAT OF THE PROPERTY LINE THERE EASEMENT FROM THE GUY NEXT? YEAH. PART TO ALLOW YOU PERMANENT, LIKE A PERMANENT EASEMENT TO ALLOW YOU ACCESS RIGHTS THROUGH THE PROPERTY. NOT THE WHOLE, IT DOESN'T NEED TO BE THE WHOLE WIDTH, BUT THE ISSUE IS, IS NOT, IT'S NOT JUST THE DOORS, IT'S THAT YOU'VE BUILT SOMETHING THAT'S VERY, VERY LARGE IN RELATION TO THE, YOUR LOT SIZE. AND SO IT'S INEVITABLE THAT YOU'RE GONNA NEED TO GET BACK THERE AT SOME POINT. AND SO WE HAVE TO, WE HAVE TO ASSUME THAT AT SOME POINT THE SLOT'S GOING TO EITHER BE FILLED IN OR BUILT ON OR SOMETHING. SO EVEN THOUGH THERE'S THE, THE FRONT, THE FRONT FACING EIGHT BY EIGHT ROLL UP DOOR, THAT DOESN'T, THAT IT'S STILL, IT, IT'S JUST REALLY LARGE. UM, I WAS ONLY, I WAS, I WAS SUGGESTING APPROVING THE 50% BECAUSE AT LEAST YOU'D HAVE THE ABILITY TO TRIM. I KNOW YOU DON'T WANT TO, BUT YOU COULD TRIM THE BUILDING A LITTLE BIT AND STILL HAVE IT BE THERE, UH, REGARDLESS OF WHAT HAPPENS WITH YOUR NEIGHBOR. UM, THERE'S ALSO SOME, I MEAN, IF YOU'VE HAD DOCUMENTED ACCESS RIGHTS, I'M SURE YOU COULD PROBABLY GET WITH AN ATTORNEY AND FIGURE OUT IF THERE WAS ANY SORT OF, YOU KNOW, UH, YOU KNOW, WHAT IS THAT TERM WHERE THEY, YOU'VE BEEN USING SOMETHING OVER 20 YEARS AND ADVERSE POSSESSION. ADVERSE POSSESSION, OR RIGHT BY NECESSITY BE AN EASEMENT BY PRESCRIPTION, AN EASEMENT BY PRESCRIPTION OR SOMETHING. BUT THAT'S, YOU'D HAVE TO TALK TO AN ATTORNEY ABOUT THAT. UM, BUT IT'S, THAT'S WHY I WASN'T OPPOSED TO THE 50%. WOULD YOU, IS IT POSSIBLE FOR YOU TO TRIM THIS BUILDING A LITTLE BIT? I KNOW YOU, I MEAN, I, I I GUESS IT'S POSSIBLE. I MEAN, IT'S GONNA BE, OKAY. SO HERE, SO HERE'S THE ISSUE. UM, I'M NOT OPPOSED TO THE 50%. AND, AND IS THERE A SETBACK THAT, UM, THE REST OF THIS COMMISSION COULD LIVE WITH TO GIVE HIM THE OPPORTUNITY TO AT LEAST DO SOMETHING TO MAKE SOME SORT OF COMMISSIONER ALBERT CHECK? YEAH. THE, THE 50% LOT COVERAGE, IF WE, WHEN WE BUILD TO A HUNDRED PERCENT LOT COVERAGE, WHAT WE DO IS WE INCREASE WATER RUNOFF, UH, INTO OUR LAND, INTO OUR RIVERS, INTO OUR STORM DRAIN SYSTEMS. UH, WE INCREASE REFLECTIVE SURFACES INSTEAD OF SURFACES THAT ABSORB THE SUN AND WE INCREASE THE TEMPERATURE IN OUR NEIGHBORHOODS. UH, SO WHILE YOURS IS ONLY ONE LOT, UH, STILL, THAT'S WHY THE, THE, THE CONDITIONS LIKE THIS EXIST. THAT'S WHY WE HAVE THE GUIDELINES. SO WHEN YOU SAY 50%, IS IT 50% OF WHAT WAS LEFT BACK THERE? OR 50% OF THE PROPERTY? IT'S 50% OF THE LOCK COVERAGE FOR ALL ACCESSORY STRUCTURES IN THE REAR, AND IT MAKE 50% OF THE PROPERTY IN THE REAR AND SIDE YARD. SO WHAT HAPPENS IS YOU TAKE, YOU TAKE THE SIDE YARD OF YOUR STRUCTURE AND THEN THE REAR FROM YOUR EXISTING HOME TO THE BACK, THAT AREA CAN EXCEED 50%, WHICH, OH, ALSO IT'S, IT'S 50% OF WHAT'S NOT THE HOME. CORRECT? YES. OKAY. OKAY. OKAY. YES. AND SO IT, IT GETS, THIS STRUCTURE DOES EXCEED THAT EXCEED THE 50% OF, BUT IF YOU WERE TO HONOR THE SETBACKS, IT WOULDN'T BE AS BAD. YEAH. AND SO THAT'S WHERE I WAS GOING WITH THAT, RIGHT? YEAH. AND GIVEN ALL THAT, UM, IT IS A SMALL YARD, UH, I'D BE WILLING TO STRIKE SOME SORT OF A COMPROMISE, I THINK, WITH, UH, LOT COVERAGE, BUT TO OCCUPY THE ENTIRE BACKYARD ESSENTIALLY. SO, SO IF YOU DON'T APPROVE ANY, UH, UH, SETBACK, THEN THAT WOULD, 'CAUSE IF THE LOT'S ONLY 25 FEET WIDE AND YOU'RE HAVING TO HONOR FIVE, FIVE AND FIVE, YOU'RE, YOU'RE NOT GONNA GET THAT FAR OFF FROM THE 50. I DON'T THINK WE ASK HIM TO COME BACK, GET A INCIDENT A I'M SORRY. WE CAN'T HEAR, CAN'T HEAR. YEAH. SHE, SHE SUGGEST WE AT THE, COULD WE ASK BE DELAYED IF, SO THAT HE COULD GET A LEGAL EASEMENT FROM HIS NEIGHBOR, WHICH WOULD, SO, SO EVEN THOUGH, EVEN THOUGH THE HOME IS RIGHT UP AGAINST THE PROPERTY LINE, I STILL NEED ONE FOR THE STRUCTURE IN THE BACK. IN OTHER WORDS, I NEED HIM TO SAY YEAH, THE THE HOME HAS CONSTRUCTION. YEAH. THE HOME, THE HOME IS, IS, IS EXISTING AS A NON-CONFORMING USE. UH, SO THAT'S NOT BEFORE US TODAY. OKAY. WE'RE ONLY CONCERNED WITH THE STRUCTURE IN THE REAR. OKAY. SO WOULD YOU LIKE US TO CONTINUE THIS TO GIVE YOU AN OPPORTUNITY TO TRY TO TALK? NO, DEFINITELY. SO, SO LET'S SAY I, SO I NEED TO SPEAK WITH HIM AND ASK HIM IF HE'LL GIVE ME, NEEDS TO BE LEGALLY WRITING IT NEEDS TO, YOU NEED AN ATTORNEY TO GET IT. NOW WHAT THAT WILL DO IS OBVIOUSLY, UH, MAKE HIS BUILDING HIS LOT NON BUILDABLE BECAUSE YOU WOULD THEN HAVE PERMANENT ACCESS OVER HIS PROPERTY. SO NOTHING REALLY CAN BE BUILT ON THAT LOT. OKAY. YEAH. I MEAN, EVEN IF IT WAS JUST EIGHT FEET WIDE OR SOMETHING. SOMETHING THE WIDTH OF A VEHICLE. OKAY. SO THEN IF, IF HE GIVES ME THAT, [03:50:01] THAT WHAT I NEED, THEN WHAT ISSUE AM I FACING AFTER THIS? THEN YOU COME BACK BEFORE US AND WE WOULD THEN RE-LOOK AT IT. OKAY. BUT WE'RE KEEPING YOUR CASE ALIVE, UH, TO GIVE YOU THE OPPORTUNITY TO GIVE YOU AN OPPORTUNITY, RIGHT? I, YEAH. SO MR. CHAIR, I MOVE FOR A CONTINUANCE, BUT THEN ALSO, UM, MOTION. YEAH. SO COMMISSIONER THIEL WOULD WITHDRAWS HIS MOTION AND WE'RE OPEN TO A MOTION FOR CONTINUANCE. OH. SO, SO JUST ONE MORE COMMENT. SO, SO, AND, AND AS PART OF THE DIALOGUE, I THINK THAT YOU'VE HEARD, WHAT IS THAT THE, UH, THE THEY IS HERE HAS SAID WITH REGARDS TO ACCESSING THE PROPERTY, AND, AND LIKELY IT WOULD BE VERY DIFFICULT FOR IT TO PASS WITHOUT YOU HAVING THAT ACCESS. MM-HMM. , AND MAYBE THAT WOULD BE ADDITIONAL DIALOGUE WITH HIM TO ENABLE HIM TO MAKE THAT DECISION TO FINALLY, YOU KNOW, WORK WITH THAT. AND SO JUST LET HIM KNOW THAT, YOU KNOW, THIS IS CERTAINLY A, A CONCERN, YOU KNOW, FROM, FROM US. SO I, BUT I WOULD ALSO CAUTION JUST IF YOU HAVE THE ACCESS, BUT YOU STILL HAVE TO COME BACK BEFORE THIS BOARD. SO, I MEAN, I WOULDN'T, YOU KNOW, PUT ANY MONETARY OR ANYTHING UNTIL YOU GET APPROVAL FROM THE BOARD. BECAUSE IF YOU STRIKE SOME AGREEMENT FOR AN EASEMENT OR SOMETHING WITH THE PROPERTY OWNER, AND THEN I COME BEFORE THE BOARD AND STILL GET DENIED EXACTLY. IT, IT, IT MAY BE TURNED DOWN. SO, SO, SO HOW, SO HOW DO, HOW DO I HANDLE THAT? DO I JUST BASICALLY ASK LIKE GET A, A SUBJECT TO, I SAID THIS IS, THIS IS WHAT I'M PROPOSING. THIS IS ING ON THE FACT THAT THE BOARD APPROVES ME TO, TO STILL KEEP, THAT'S WHAT I WOULD, NOT AN ATTORNEY, BUT THAT'S WHAT I WOULD RECOMMEND. OKAY. BECAUSE I DON'T WANT YOU TO BE IN A POSITION. SOME, I PAY HIM SOME MONEY FOR SOMETHING AND THEN I COME HERE AND, EXACTLY, EXACTLY. SO WHAT I'M MOTION BEFORE US RIGHT NOW IS A CONTINUANCE TO GIVE YOU THAT TIME. HOW MUCH TIME DO YOU NEED? I DON'T A MONTH. I MEAN, WHATEVER Y'ALL WILL ALLOW ME. THE MORE, THE BETTER. WELL, WE WANNA MAKE SURE YOU HAVE ENOUGH TIME. I'M NO, YEAH, OBVIOUSLY I'M, UH, HE'S NOT THE EASIEST PERSON TO GET AHOLD OF. SO WHEN'S THE NEXT, UH, WHEN'S THE NEXT MEETING? LET'S SAY THE FIRST ONE IN DECEMBER. COULD YOU MAKE THAT ONE? DECEMBER 5TH. DECEMBER 5TH. DECEMBER 5TH. BRAGMAN. BEFORE WE MAKE A MOTION, MY QUESTION IS, UM, THE, THE NEIGHBORING LOT, THE ONE THAT'S VACANT, IS IT THE SAME WIDTH AS YOUR MOTHER-IN-LAW'S? EXACTLY THE SAME, 25 FEET WIDE. 25. IS IT EVEN BUILDABLE? I MEAN, I'VE, I'VE SEEN PEOPLE BUILD ON A 25 FOOT LOT. THAT'S, IT'S VERY, YOU KNOW, INTERESTING. BUT THEY'VE WELL, BUT I MEAN, THEY'D HAVE, THEY'D HAVE TO GET A VARIANCE TOO. MAYBE. I MEAN, THEY WOULD PROBABLY END UP WITH LIKE A 20 FOOT WIDE HOME BECAUSE THEY'RE GONNA HAVE TO GIVE SOME SPACE BETWEEN MOTHER LOST HOME HER, THEY'D VARIANCES FOR LOT SIZE PROBABLY. AND, AND, BUT, BUT I'M, I'M ACTUALLY, YOU'D BE SURPRISED WHAT YOU CAN DO ON A . WELL, THAT'S TRUE BECAUSE WE HAVE HAD SOME CASES BEFORE US WITH THAT. SO IF I COULD FINISH. YEAH. I'M JUST TRYING TO GIVE THE APPLICANT SOME AMMUNITION WHEN HE GOES TO SPEAK TO THE, THE OWNER. THAT, TO BUILD ANYTHING ON THAT LOT, IT'S VERY DIFFICULT. IF IT'S A PLOTTED LOT IN THEORY, THEY COULD BUILD ON IT. THEY CAN GET A C O D. MM-HMM. BUT IT, IT WOULD JUST BE VERY, VERY TINY. YEAH. SO, I MEAN, WE CAN CONTINUE TO DECEMBER 5TH. OKAY. GIVE YOU SOME TIME. SO I'M GONNA CLOSE, UH, THE PUBLIC HEARING. I'M LOOKING FOR A MOTION TO DECEMBER 5TH. I THANK YOU. I MOVE TO CONTINUE THIS TILL DECEMBER 5TH. SECOND. SECOND. SECOND BY COMMISSIONER CRUZ. LET'S HAVE A ROLL CALL. VOTE PLEASE VOTE. ACTUALLY, I'M, WE'RE JUST GONNA DO A VOICE VOTE. ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? MOTION PASSAGE UNANIMOUSLY. WE'LL SEE YOU BACK ON DECEMBER 5TH. GOOD LUCK. ALL RIGHT. NEXT ITEM IS [Approval of Minutes] THE MINUTES. I HAD A COUPLE EDITS THAT STAFF HAS MADE AND MYSELF AS WELL. SO DID YOU, DID YOU ADDRESS COMMISSIONER MANEZ AS WELL? I WAS TOLD YES. SO YES, YOU DID READ IT? THEY DID. THEY ADDRESSED YOURS. COMMISSIONER MANNA? YES. OKAY. SO WHEN YOU'RE LOOKING FOR A MOTION TO APPROVE THE MINUTES AS AMENDED. SO MOVED A SECOND. OKAY. ALL IN FAVOR SAY AYE. ANY OPPOSED? I ABSTAIN. I WASN'T HERE. OKAY. WE HAVE ONE. WE, WE, IT'S, UH, 10 TO APPROVE ONE ABSTENTION FROM COMMISSIONER BRAGMAN. GREAT. IS THERE ANY STAFF REPORT? NO SIR. AND THE NEXT MEETING DATE IS? NOVEMBER 7TH. NOVEMBER 7TH. ALL RIGHT. WE'LL SEE EVERYBODY THEN I HEREBY AJOUR THE MEETING. * 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.