* 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. [00:00:03] IS THE, UH, WE, ARE WE RECORDING? OKAY. ALL RIGHT. ALRIGHT. IT'S 1 0 5. I'M CALLING THE MEETING OF THE BOARD OF ADJUSTMENTS TO END OF SESSION. UH, COULD WE HAVE THE SPANISH INTERPRETER COME OUT AND DO THE PRESENTATION PLEASE? GOOD AFTERNOON. THANK YOU. THANK YOU CHAIR. THANK YOU. IF YOU COULD PLEASE CALL. ROLL. MR. SPILLMAN. HERE. HERE. MR. ALBERT. PRESENT. MR. MANCHACA? PRESENT. MR. VASQUEZ? PRESENT. MR. MANNA PRESENT. MS. LIND? PRESENT. MS. KAPLAN? PRESENT. MR. ZUNIGA? PRESENT. MR. OZUNA PRESENT CHAIR ORIAN AND I'M PRESENT. UH, WE HAVE 10 TODAY. OKAY. WITH POTENTIAL FOR 11. ALRIGHT, UH, IF EVERYONE COULD PLEASE UH, SILENCE THEIR MOBILE DEVICES AND JOIN ME IN UH, WITH THE PLEDGE OF ALLEGIANCE PLEASE. I PLEDGE ALLEGIANCE. SUE THE FLAG OF THE UNITED STATES OF AMERICA AND PUT THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO BE TESTED. ONE STATE UNDER GOD. ONE. ALRIGHT, SO BEFORE [ Briefing and Possible Action on the following items  ] WE PROCEED WITH TODAY'S CASES, I WOULD 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. FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT. LASTLY, AS CHAIR, I WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS. I ASK THAT THE BOARD MEMBER SUBMIT THESE ANNOUNCEMENTS TO ME AS THE CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING. WE ARE CI PRIVATE CITIZENS APPOINTED TO THIS BOARD BY CITY COUNCIL. THE BOARD IS SUPPORTED BY MEMBERS OF 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 DO NOT GET INVOLVED IN DISPUTES OR ILLEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE IN THE TEXAS, IN 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 THE CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECI DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32, THE HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28. ARTICLE ONE, SECTION 28 DASH FIVE. IN ADDITION, WE HAVE POWERS TO HEAR CASES IN 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'LL BE QUESTIONED BY THE MEMBERS OF THE BOARD. ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER. AFTER EVERYONE HAS BEENHE HEARD THE CASE, IT WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION 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 AND GRANTING THE RELEASE SOUGHT RESTS WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUEST OF RELEASE CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL. SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW BASED ON THE RECORD OF THESE PROCEEDINGS. APPEALS FROM THE BOARD'S. DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. PLEASE LIMIT YOUR PRESENTATION AND REMARKS OF THE PERTINENT FACTS OF YOUR CASE. UH, STAFF GOOD AFTERNOON. STAFF WILL BE BEGIN EACH CASE WITH A SHORT PRESENTATION OF A REQUEST. PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREAS TO BE CONSIDERED FOR A VARIANCE OF SPECIAL EXEMPTION AND PROPERTY WITHIN 200 FEET OF THE SUBJECT. PROPERTY CHECK MARKS INDICATE THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION FOLLOWING THE PRESENTATION IN ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST. FOR THOSE THAT HAVE SIGNED UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE OR SPECIAL EXEMPTION, YOU'LL BE CALLED IN THE ORDER THAT YOU SIGNED UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM OF THREE MINUTES PER SPEAKER AND YOU'LL NOT BE OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION. FOR THOSE THAT WOULD LIKE TO GIVE THEIR TIME TO [00:05:01] A SPEAKER. THAT SPEAKER, THAT SPEAKER, THAT SPEAKER WILL BE ALLOWED MAXIMUM OF TWO PEOPLE GIVEN THEIR TIME FOR A TOTAL OF NINE MINUTES. THOSE GIVEN UP THEIR TIME MUST BE PRESENT AND SIGNED UP TO SPEAK. GROUPS CONSISTING OF THREE OR MORE CITIZENS WILL BE ALLOTTED NINE MINUTES TOTAL TO ADDRESS THE BOARD ON THE ITEM. THE APPLICANT WILL BE THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH THREE MINUTES TIME ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU CHAIRMAN. ALRIGHT, UH, SO IT LOOKS LIKE OUR FIRST CASE IS, UH, ENDING IN 180 9. ITEM NUMBER THREE IN THE AGENDA SHOULD BE ITEM NUMBER 2 180 9 OH. I APOLOGIZE. I WAS USING THE, THE P D F VERSION DOWNLOADED FRIDAY. GOOD AFTERNOON. BO O A 1 0 3 0 0 1 8 9. ADDRESS IS 7 1 4 SOUTH NAVIDA COUNCIL DISTRICT FIVE. APPLICANT IS ALEJANDRA MORADA. A REQUEST FOR ONE A FIVE FOOT VARIANCE FROM THE FIVE FOOT MINIMUM SETBACK TO ALLOW AN ADDITION TO BE TWO FOOT FROM THE FRONT PROPERTY LINE. TWO, A REQUEST FOR A 20 FEET AND FIVE FOOT THREE VARIANCE FROM THE 25 FEET AND 15 FOOT MINERAL AND CLEAR VISION TO ALLOW A SOLID SCREEN FENCE TO BE FIVE FEET FROM THE CURB AND NINE FEET NINE INCHES FROM A DRIVEWAY. AND THREE, A REQUEST FOR A THREE FOOT SPECIAL EXEMPTION FROM THE THREE FOOT MAXIMUM SOLID SCREEN FENCE HEIGHT REQUIREMENT TO ALLOW A SIX FOOT SOLID SCREEN FENCE IN THE FRONT YARD. ZONING IS R FOUR SINGLE FAMILY. THE SUBJECT PROPERTY IS LOCATED ON THE CORNER. LOT OF SOUTH NAVIDA. THERE'S AN EXISTING SINGLE FAMILY JO ON THE PROPERTY AND THE APPLICANT IS WANTING TO ADD AN ADDITION TO THE FRONT OF THE HOME. THE PROPOSED ADDITION OF THE HOME WILL BE FIVE FEET FROM THE FRONT PROPERTY LINE UPON A SITE VISIT CONDUCTED BY STAFF. A SOLID SCREEN FENCE WAS OBSERVED TO BE PLACED IN FRONT YARD AT A HEIGHT OF SIX FEET WHERE A MAXIMUM THREE FEET IS PERMITTED BY RIGHT. ADDITIONALLY, THE SCREEN FENCE, SOLID SCREEN FENCE WAS INSTALLED ALONG THE FRONT PROPERTY YARD AND WAS OBSERVED TO BE ENCROACHING FIVE FOOT INTO THE CLEAR VISION. THIS IS A SITE PLAN. THE SUBJECT PROPERTY ALTERNATE VIEW OF THE SUBJECT PROPERTY, SIX FOOT FENCE PAST THE FRONT FACADE. THE REAR FENCE, THE REAR YARD, CLEAR VISION ON THE CORNER LOT AND SIX FOOT FENCES PAST THE FRONT FACADE. RECOMMENDATION, FRONT SETBACK AND CLEAR VISION VARIANCE. STAFF RECOMMENDS APPROVAL AND B BO O A 22 1 0 3 0 0 1 8 9 BASED ON THE FOLLOWING FINDINGS OF FACT THE LIMITED SPACE IN THE LOT WHICH PRESENTS A HARDSHIP IN THE CONSTRUCTION OF THE ADDITION. AND TWO, THE FENCE WILL NOT ALTER THEIR CHARACTER OF THE DISTRICT. RECOMMENDATION AND FRONT YARD FENCE. SPECIAL EXCEPTION STAFF RECOMMENDS APPROVAL IN BO O 8 22 1 0 3 0 0 180 9 BASED ON THE FOLLOWING FINDINGS, THE FRONT YARD FENCE DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND THE ADDITIONAL HEIGHT WILL PROVIDE ADDITIONAL SECURITY TO THE SUBJECT PROPERTY NOTIFICATION 30 NOTICES WERE MAILED OUT. ZERO IN FAVOR, ZERO IN OPPOSITION. AND HISTORIC WEST SIDE RESIDENCE ASSOCIATION IS IN FAVOR. AND GO TO THE NEXT, THERE'S A LETTER FROM THEM, EMAIL WE RECEIVED FROM THEM THAT THEY, UM, THE APPLICANT MET WITH THEM. UH, THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT SHOULD BE AVAILABLE. ALRIGHT, THANK YOU VERY MUCH. UH, WILL THE APPLICANT PLEASE COME FORWARD? OKAY. HI. IF YOU COULD PLEASE STATE YOUR NAME AND YOU CAN BEGIN YOUR PRESENTATION. UM, MY NAME'S ALEJANDRO MOREIRA. UM, UM, THAT'S A HOUSE AT SEVEN 14 SOUTH NAVIDA STREET. UM, JUST A LITTLE BACKGROUND. I BOUGHT IT FROM MY AUNT TWO YEARS AGO. UM, WE'RE TRYING TO FIX IT. AS YOU COULD TELL, IT'S NOT IN A GOOD CONDITION. . UM, WE HAD PUT, I HAD SENT SOME PICTURES TOO. UM, I DON'T KNOW IF YOU COULD SHOW 'EM. UM, SO ON THE, ON APRIL 16, THAT WAS HOW THE HOUSE WAS. UM, IT DIDN'T HAVE THE FENCE. UM, I HAVE TWO PROPERTIES. UM, THE HOUSE IS ON SEVEN 14. THAT PROPERTY IS SEVEN 18. AND THE REASON THAT I PUT THE FENCE WAS THAT ALL THAT TRASH WAS THERE. HOMELESS PEOPLE WOULD COME IN, DO THEIR LITTLE, UM, TENTS, BRING A LOT OF STUFF TO HAVE ALL THEIR TRASH THERE. UM, WE HAD SECURED THE FENCE. AND THEN ON NOVEMBER 28, , THAT'S WHEN THEY HAD PUSHED DOWN THE FENCE. THAT'S WHY WE HAD DID, UM, [00:10:01] THE, THE SOLID SIX FOOT FENCE ON THE SIDE. UM, THEY ALREADY DID GRAFFITI ON IT. UM, THIS SIDE ON THE LEFT SIDE, THAT'S THAT, THAT WAS MY TRASH FROM WHERE WE'RE, UM, RENOVATING. BUT THE OTHER SIDE, THAT'S THE TRASH THAT THEY JUST THROW IN AND WE JUST PUT TO THE SIDE. 'CAUSE THEY JUST KEEP ON THROWING TRASH AND THEY EVEN, I PUT A LITTLE, UM, ARROW, THEY LIKE CUT THE FENCE TOO. SO THAT'S HOW THEY GO INTO FROM THE BACK. IT HAS A LITTLE CUT THROUGH. OH, HOW DO I JUST A LASER. OH, OH, RIGHT HERE. THERE'S A HOLE RIGHT THERE. WELL, THERE'S MANY OF 'EM, BUT THIS IS THE BIGGEST ONE. AND THIS IS ALL THE TRASH THAT THEY JUST KEEP ON BRINGING AND THROWING THERE. UM, AND THIS IS WHAT I SAID, THAT THEY JUST THREW THE FENCE OUT. AND I HAVE MORE PICTURES TO SHOW. UM, THIS IS HOW IT WAS BEFORE . UM, IT HAD THIS, UM, LIKE A DECK, UH, LIKE A FENCE. UM, AND THIS IS, THEY HAD CHAIRS HERE. THEY HAD THEIR BOTTLES. THEY HAD THEIR STUFF AND COOLERS AND THEY HAD JUST EVERYTHING THERE. THEY HAD, THEY'RE CLOSED AND YOU CAN'T SEE HERE, BUT THERE IS A DOOR HERE. AND I THINK I HAVE ANOTHER MORE. OH, WELL THAT'S MORE THE, OKAY. OH, CAN YOU GO BACK? YEAH. WHERE THE GUY'S AT. THERE'S A HOLE, RIGHT? WELL, THERE'S A HOLE RIGHT HERE. A HOLE OVER THERE. AND A LOT OF PEOPLE JUST HANG IN THERE. WELL, I WAS THERE TAKING PICTURES, SO HE WAS OUTSIDE. BUT THEY COME INSIDE AND WE TOOK, WE EVEN TOOK THAT ONE OUT 'CAUSE PEOPLE WERE GOING IN HERE TOO. GO MORE. OH. AND THIS IS A VIDEO THAT'S, UM, ALL THE TRASH THAT, OKAY. SO THIS IS ALL THE TRASH THAT'S A RECYCLING, WHICH THEY'RE PUTTING TRASH INSIDE. AND THEN WE HAVE ALL THIS TRASH THAT THEY JUST KEEP THROWING IN MY PROPERTY. SO THESE ARE ALL TIRES. THAT'S ALL, I DON'T KNOW, LIKE TREE BRANCHES AND STUFF. SO I'M GONNA CLEAN IT ALL UP TODAY, AUGUST 29TH, 2022. AND HOPEFULLY I DON'T GET THIS PROBLEM AGAIN. UM, I ACTUALLY HAD TO CLEAN IT UP 'CAUSE I GOT A LETTER FROM THE CITY SAYING THAT I NEEDED TO PICK ALL THE TRASH UP. I EVEN CAUGHT. AND I TOLD THEM, I'M LIKE, I DON'T KNOW, THIS IS AN ONGOING THING. LIKE WHAT CAN I DO? UM, THEY'RE LIKE, WELL, YOU JUST, WELL IT'S YOUR PROPERTY SO IT'S YOUR RESPONSIBILITY, SO YOU JUST HAVE TO PICK IT UP. SO I PAID, WELL IT WAS ME AND I PAID OTHER TWO PEOPLE TO COME HELP ME, UM, CLEAN ALL THE TRASH AND PEOPLE ARE STILL JUST DUMPING AND THROWING TRASH. AND I EVEN PUT MY RECYCLING AND MY TRASH CAN IN MY HOUSE . SO PEOPLE WON'T JUST BE LIKE, THEY JUST GET THE TRASH CAN AND JUST THROW EVERYTHING IN THERE. UM, THAT'S WHY I HAD TO PUT THE, THE SIX FOOT FENCE ON THE SIDE SO PEOPLE WON'T JUMP IN BECAUSE THERE WAS A LOT OF BREAK-INS INTO MY HOUSE AND PEOPLE WERE DOING DRUGS AND STAYING THERE. AND THERE WAS A LOT OF SYRINGES. AND LIKE THAT NEIGHBORHOOD, THE WEST SIDE IS JUST, THERE'S A LOT OF HOMELESS AND LIKE DRUG PEOPLE AROUND THERE. UM, I EVEN SPOKE TO OFFICER MORENO, UM, AND HE HAD SAID TO DO A CRIMINAL TRESPASS WARNING, WHICH I DID. AND HE SAID THAT THAT ALLOWS THE POLICE OFFICERS TO GO AND ARREST THEM EVEN IF I'M NOT THERE, IF I'M NOT AVAILABLE. AND THE TIMES THAT I'VE GONE TO WORK, 'CAUSE I LIVE CLOSE BY THAT, BY THAT HOUSE. I'VE SEEN PEOPLE THERE AND I'VE CALLED THE COPS AND THEY JUST, THEY JUST TOLD THEM LIKE, OH, YOU JUST HAVE TO LEAVE SO PEOPLE KEEP ON COMING BACK. 'CAUSE THERE WAS NO ARREST EVEN THOUGH I HAD ALREADY SIGNED THAT PAPERWORK. UM, I HAVE PICTURES OF THE PAPERWORK TOO. , I DON'T THINK THOSE CAME THROUGH THE EMAIL. JUST THE PICTURES CAME THROUGH. OKAY. WELL I DIDN'T BRING IT. I SENT THE, WELL, I HAVE THE PAPERWORK, BUT I DIDN'T BRING IT ON ME. BUT, UM, I WENT DOWNTOWN AND GOT ALL THE CALLS THAT I MADE TO THE POLICE STATION. AND IT SAYS THERE WHAT HAPPENED ON MY PHONE. I DON'T KNOW IF I COULD SHOW IT OR IF YOU WANT, YOU CAN BRING, YOU CAN, THEY CAN PUT IT [00:15:01] ON THE TABLE AND PROJECT IT. SO JUST TO CLARIFY, YOU'RE, YOU'RE HAVING A LOT OF SECURITY ISSUES AND SO THAT'S WHY YOU NEED THE, THE HIGHER FENCE AND YES. OKAY. AND I WANTED, THAT'S WHY I WANTED A LITTLE BIT TALLER. 'CAUSE PEOPLE WOULD JUST KEEP ON . OKAY. BREAKING IN. AND, UM, UH, QUESTION KAPLAN, WELL, BEFORE WE, JUST WHILE YOU'RE WORKING ON THAT, DOES THERE ANYONE SIGN UP TO SPEAK ON THIS CASE? THERE'S ONE SPEAKER SIGNED UP. OKAY. SO WHAT WE'RE GONNA DO IS, UH, WE'LL LET YOU, YOU KNOW, FINISH TELLING US ABOUT, ABOUT YOUR, YOUR PROPERTY AND THEN WE'LL LISTEN TO, UH, WHO'S SOME THE CITIZEN HAS SIGNED UP TO SPEAK. AND THEN WE'LL OPEN IT UP TO QUESTIONS. OKAY. UM, I HAVE IT. I HAVE IT READY? YEAH, JUST, UH, IT GOES RIGHT ON THE TABLE, RIGHT, RIGHT THERE. I DON'T KNOW. YOU CAN SEE. MM. WELL WE'RE GONNA, UM, IT SAYS THERE'S SEVEN 14 SOUTH NAVIDAD, MY NAME. UM, THE CALL SAYS, STATED THAT HER MOTHER DROVE BY. THERE WAS TWO PEOPLE IN THE PORCH, TWO MALES WITH A CANE. UM, THE HOUSE WAS BEING REMODELED. AND THEN IT SAYS, ARRIVED AT THE SCENE, FOUND THE FEMALE WITH HER DOG SITTING AT THE FRONT PORCH. SHE WAS ADVISED THAT SHE WAS HOMELESS AND ONLY RESTING AND THAT IF SHE NEEDED TO LEAVE THE LOCATION AND SHE LEFT AND DIDN'T NOTICE. ARE THE OTHER IMAGES ON THE BOTTOM ADDITIONAL, UH, CITATIONS OR ARE THEY THE OH, IT'S A, IT'S JUST DIFFERENT. UM, SORRY. I MEAN, I, I CAN SEE THAT THEY LOOK SIMILAR BUT DIFFERENT. YEAH. UM, IT'S JUST DIFFERENT LIKE ALL THE POLICE REPORTS OKAY. THAT PEOPLE WERE THERE AND, AND THAT THEY WENT AND THEY JUST TOLD 'EM TO LEAVE. AND I HAVE A FEW OF 'EM. OKAY. 'CAUSE I'VE BEEN CALLING SO MANY TIMES. AND TELL YOU WHAT, WE'RE GONNA GO AHEAD AND LET SOME QUESTIONS HAPPEN FIRST. KAPLAN WAS FIRST AND, OKAY. UH, A COUPLE OF QUESTIONS. WHEN WERE THESE PHOTOGRAPHS TAKEN OF YOUR HOUSE? OF WHICH, WHICH ONE? THE ONE THAT I SHOWED THE, THE ONES THAT ARE IN OUR PRESENTATION. UH, THIS ONE. THIS ONE WAS AUGUST? NO, NO, THE ONES THAT THE, THE CITY TOOK. THE CITY TOOK, LIKE THE BEGINNING ONES. I THINK THEY TOOK 'EM LAST MONTH WHEN I CAME LAST MONTH. SO IT SAYS THAT YOU'RE DOING A RENOVATION. YOU'RE DOING, UH, WHEN ARE YOU STARTING THAT? WELL, I'M, I'M TRYING TO DO THE, IF I COULD GET THE ADDITION SO I COULD START WORKING ON IT. I ALREADY DID THE FOUNDATION. OKAY. THAT ONE'S ALREADY COMPLETED. AND, AND YOU'RE PLANNING WHAT TO, TO BRING THE, UH, HOUSE THAT'S INDENTED IN TOWARDS SO THAT IT'S LEVEL SO THAT ALL OF THE, WHAT IS IT GONNA LOOK LIKE? IT SAYS YOU'RE LOOKING FOR FIVE FEET FROM THE FRONT. WHAT EXACTLY, UM, ARE YOU GONNA DO ON THE RENOVATION? SHE'S GONNA FILL IN THE PORCH. FILL IN THE PORCH. OKAY. THAT'S WHAT I JUST WANTED TO ASK. UM, LIKE, THIS WAS THE FRONT PORCH, I GUESS IT WAS A PORCH. SO I WANTED TO EXTEND IT TO THE, LIKE FIVE FEET RIGHT THERE. SO BE AN ADDITIONAL ONE. IT'S 1 53 SQUARE FEET. THE HOUSE IS 7 65 SQUARE FEET RIGHT NOW WITH THE ADDITION, IT WILL BE NINE 18 FEET. SO IT'LL BE THIS, THIS LITTLE PART. SO, SO IS THAT THE, JUST JUST TO CLARIFY FOR ME WHAT I'M LOOKING AT, SO IS THAT THAT PORCH THAT'S AREA, IS THAT ALL YOU'RE FILLING IN OR YOU, YOU ARE ADDING MORE TO THAT? NO. ARE YOU BRINGING IT CLOSER? YEAH. UH, YEAH. YOU'RE BRINGING THAN, THAN WHAT? CEMENT SLAB. SO CEMENT SLAB, WHAT WAS THE FRONT PORCH? THAT'S LIKE THE PORCH. AND THAT'S THE WHOLE THING? OR IS THERE MORE GONNA BE NO, IT'S, IT'S THAT JUST THIS LITTLE SQUARE. MM-HMM. . SO YOU'RE NOT, YOU'RE NOT DOING THE ADDITION ALL THE WAY TO THE HARD CORNER OF THE CURRENT HOUSE? NO, NOT, NOT ALL THE WAY TO THE, NOT ALL THE WAY TO THE FENCE. JUST RIGHT HERE. OH YEAH, THE HOUSE. SO BE 163. THE HOUSE. THE HOUSE CORNER. OKAY. ALL RIGHT. UH, COMMISSIONER ZUNIGA? YES. UH, YOU STATED THAT A CODE COMPLIANCE HAVE CITED THEM, UH, THAT CODE COMPLIANCE, UH, WENT OVER THERE AND GAVE THEM A CITATION, YOU KNOW? MM-HMM. , I THINK THEY, I BELIEVE THEY GAVE THE APPLICANT THE CITATION FOR THE TRASH ACCUSATION. YEAH. UH, THEY GAVE ME, UH, LIKE A CITATION SAYING THAT I NEEDED TO CLEAN THE PROPERTY. OH, THEY GAVE YOU? YES. AND, AND, UH, ON THAT, UH, VACANT LOT THERE OR ON YOUR HOUSE? NO, THAT WAS ON THIS HOUSE. ON THIS HOUSE ON THE SIDE OF THIS HOUSE. SO IT WAS OVER HERE, IT WAS YOU? YES. THEY GAVE ME A CITATION BECAUSE IT WAS ALL TRASHED, EVEN THOUGH IT WASN'T ME THAT TRASH DID . SO, SO YOU, UH, SORT OF, UH, CLEANED IT UP? YEAH. AND I CLEANED IT UP AND PEOPLE STILL KEEP ON THROWING TRASH THERE. OKAY. AND, UH, ON THAT LOT THERE, THE HOMELESS ARE THE ONES THAT ARE, ARE GATHERING THERE? YES. THEY OKAY. [00:20:01] SET UP TENTS AND, OKAY. SO YOU'VE HAD, UH, POLICE REPORTS, ET CETERA. IS YOUR SAFE OFFICER WORKING WITH YOU? YES. THEY'RE WORKING WITH YOU? HE'S OFFICER MORENO AND I SPOKE TO HIM AND HE DOES ROUNDS AND HE SAYS, I'M GONNA GO TO YOUR HOUSE AND IF SOMEONE'S THERE, I'M GONNA ARREST HIM. UM, BUT HE STATED TO CALL THE POLICE AND EVERY TIME I CALL, THEY DON'T DO ANYTHING. UH OH. OKAY. SO HE DIDN'T COME WITH YOU TODAY. THANK YOU. I APPRECIATE IT. MM-HMM. . OKAY. AND, UH, MY QUICK QUESTION IS ON THE, THE LOT, THAT'S SEVEN 18 NAVIDA THAT'S NEXT TO THE ALLEY. UH, YOU'RE, THIS HAS NOTHING, THIS REQUEST IS, YOU'RE NOT PUTTING A FENCING ON THAT LOT. IT'S SOLELY JUST SEVEN 14? NO. YEAH, IT WAS JUST BECAUSE, UM, I SEPARATED. IT WA THERE WASN'T A FENCE. OKAY. SO I SEPARATED SO THEY WON'T JUMP INTO THE OTHER HOUSE SINCE THERE WASN'T NO OFFENSE, IT COULD EASILY JUST GO INTO THE HOUSE. DO YOU HAVE A, DO YOU HAVE A PLACE TO TO PARK A DRIVEWAY? YEAH, IT'S IN THE BACK. OKAY. BUT I DON'T, I DON'T KNOW IF THERE'S BUT YOU, THAT WOULD BE OFF TOON THE ACCESS? MM-HMM. . OKAY. JUST WANNA MAKE SURE I'VE GOT THAT RIGHT. ALRIGHT. IS THERE ANY OTHER QUESTIONS BEFORE WE YES, COMMISSIONER MANCHACA? LATER? THIS OH THIS. OH NO, I WON'T. UH, WE HAVE A ANOTHER COMMISSIONER QUESTION. UH, COMMISSIONER MANCHACA, UH, DID YOU CALL 3 1 1 ON THIS AND SEE WHAT THEY CAN HELP YOU WITH? UH, I CALLED 3 1 1, BUT I USED THE POLICE. I CALLED THE POLICE AND TOLD THEM WHAT WAS GOING ON AND PEOPLE WERE COMING IN AND THEY JUST SAID, JUST KEEP ON CALLING US. AND I'M LIKE, WHAT'S THE POINT OF CALLING IF I CALL? THEY JUST KICK 'EM OUT AND THEN 30 MINUTES LATER THEY'RE BACK AND I'M CALLING LIKE 10 TIMES A DAY AND I'M NOT THERE 24 7 TO KEEP ON LIKE, CALLING THEM AND THANK YOU. OKAY. WELL, UH, WE DO HAVE SOMEONE SIGN UP TO SPEAK, SO WE'RE GONNA, UH, TAKE A MOMENT AND, AND, AND, AND HEAR WHAT THEY HAVE TO SAY. UH, SO IF YOU COULD JUST, UH, TAKE A STEP BACK, WE MAY HAVE MORE QUESTIONS FOR YOU. OKAY. THANK YOU STEPH. MRS. SANCHEZ. HI, MY NAME IS LETICIA SANCHEZ. UH, MY ADDRESS IS 1710 VERACRUZ 7 8 2 7. I'M THE CO-CHAIR PERSON OF THE HISTORIC WEST SIDE RESIDENCE ASSOCIATION, WHICH REPRESENTS RESIDENCE ON THE NEAR WEST SIDE OF DISTRICT FIVE. THE ASSOCIATION SUPPORTS CASE NUMBER B O A DASH 22 DASH 0 3 0 180 9. WE MET WITH THE APPLICANT, MS. MODA AND HER HUSBAND AT THEIR PROPERTY ON SEVEN 14 SOUTH AVIVA. UM, MS. MUDDA IS ASKING FOR A VARIANCE ON THE HEIGHT OF THE FENCE BECAUSE OF ISSUES WITH INDIVIDUALS TRESPASSING AND STEALING, BUILDING MATERIALS OFF OF THE HOUSE THAT THEY'RE CURRENTLY REMODELING AND WE'LL EVENTUALLY MOVE INTO. WE ALSO MET WITH THE, UH, S A P D SAFE OFFICER JOHNNY MORENO. UM, WE ARE IN CONSTANT CONTACT, SO I KNOW THE AREA. UM, AND HE ALSO CONFIRMED THAT THIS PROPERTY HAS BEEN BROKEN INTO NUMEROUS TIMES AND THAT THE, THERE'S, UH, VERY KNOWN DRUG ACTIVITY WITHIN THE SAME BLOCK OF THIS PROPERTY. SO IN ADDITION TO TRESPASSERS GETTING INTO THE PROPERTY, UH, WE ARE CONCERNED WITH PEOPLE, UH, THAT ARE CONDUCTING CRIMINAL ACTIVITY THERE. SO WE SUPPORT THE VARIANCE ON THE HEIGHT OF THE FENCE. UH, SHE'S PROPOSING TO BILL A WROUGHT IRON FENCE, WHICH, UH, WILL BLEND IN WITH THE, THE REST OF THE, THE NEIGHBORHOOD LOOK. UH, WE ALSO SUPPORT, UM, THE, UH, MS RE'S REQUEST FOR VARIANCE ON THE SETBACK IN THE FRONT OF THE PROPERTY. UH, YOU KNOW, WE LOOK AT THE, THE REST OF OUR, UH, NEIGHBORHOOD AND, AND WITHIN THAT BLOCK THERE ARE SEVERAL HOUSES THAT DO NOT MEET THE, UH, FIVE FOOT MINIMUM SETBACK. SO HERS WILL NOT BE SOMETHING THAT IS OUT OF, UH, UH, THAT DOES NOT FIT IN WITH THE REST OF THE, THE HOUSE HOUSES THERE OR, AND WILL NOT CHANGE THE LOOK OF THE NEIGHBORHOOD. UM, SO, UH, WE ARE IN SUPPORT OF HER REQUEST AND, UH, WE HOPE THAT YOU'LL TAKE THAT INTO CONSIDERATION. THANK YOU VERY MUCH FOR YOUR TIME. THANK YOU VERY MUCH. UH, MS, WE HAVE A, ACTUALLY A COMMISSIONER QUESTION FOR YOU. COMMISSIONER ZUNIGA. JESSE ZUNIGA. YEAH, IT'S MY UNDERSTANDING. AND, UH, AND WHERE YOU WANT THAT YOU WORK WITH THE SAFE OFFICERS AND HOW COME THEY HAVEN'T DONE ENOUGH? WELL, THEY DO ENOUGH. THEY HAVE A LONG, A LOT AREA TO COVER. BUT I MEAN, HOW CAN YOU PUSH 'EM TO WELL, WE DO, I MEAN, WE MEET WITH THEM REGULARLY, SO, UH, WITHIN AROUND THE BLOCK THERE WAS A KNOWN, UH, DRUG CRIMINAL . WELL, UNFORTUNATELY, THEY ALSO HAVE OTHER INDIVIDUALS. UM, SO THEY ARE WORKING ON THE AREA. THE SAFE OFFICERS [00:25:01] DO A LOT OF THE WORK. IT'S, UM, THE LACK OF, UH, PATROL, UH, UH, OFFICERS THAT ARE ABLE TO PATROL. SO I, HE, WELL, THANK YOU VERY MUCH. WE WANT TO GO BACK TO, OKAY. I'M SORRY. ALL RIGHT. UH, IF THE APPLICANT CAN PLEASE, UH, COME BACK TO THE PODIUM AND THAT'S ALL THE PUBLIC COMMENT. THANK YOU VERY MUCH. UH, IS THERE ANY, UM, OH, AND COMMISSIONER CRUZ IS, UH, I WANNA MAKE SURE SHE'S IN THE MINUTES THAT SHE'S AT THE MEETING. UH, IS THERE ANY, UH, QUESTIONS FOR THE APPLICANT FROM THE COMMISSION? ALL RIGHT. IS THERE ANYTHING YOU'D LIKE TO HAVE AS A CLOSING REMARK BEFORE WE DELIBERATE? UM, I JUST WANT YOU TO GREATLY CONSIDER , UM, MY SITUATION. IT'S BEEN ALMOST LIKE 10 MONTHS WITH THIS ONGOING SITUATION AND I WOULD GREATLY APPRECIATE IT. YOU, YOU SUPPORT THIS. THANK YOU. THANK YOU VERY MUCH. SO I'M CLOSING THE PUBLIC HEARING AND I'M LOOKING FOR A MOTION. I'LL MAKE A MOTION. COMMISSIONER KAPLAN. OKAY. UH, REGARDING CASE NUMBER BO A 22 DASH 1 0 3 0 180 9, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE, A FIVE FOOT VARIANCE FROM THE FIVE FOOT MINIMUM FRONT SETBACK TO ALLOW AN ADDITION TO BE FIVE FEET FROM THE FRONT PROPERTY LINE. TWO, A REQUEST FOR 20 FOOT VARIANCE FROM THE 25 MINIMUM FOOT MINIMUM CLEAR VISION REQUIREMENT TO ALLOW A SOLID SCREEN FENCE TO BE FIVE FEET FROM THE CURB. THREE, A REQUEST FOR A FIVE FOOT THREE, FIVE FOOT THREE INCH, AND EIGHT FOOT NINE INCH VARIANCE FROM THE 15 FOOT MINIMUM CLEAR VISION REQUIREMENT TO ALLOW A SOLID SCREEN FENCE TO BE NINE FEET, NINE INCHES, AND SIX FEET THREE INCHES FROM DRIVEWAYS SITUATED AT SEVEN 14 SOUTH NAVI 14 SOUTH NAVADA APPLICANT BEING ALEJANDRO MORDA BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THESE VARIANCE REQUEST FOR THE MINIMUM FRONT SETBACK AND CLEAR VISION DO NOT APPEAR CONTRARY TO THE PUBLIC INTEREST DUE TO THE LIMIT SPACE EXISTING ON THE PROPERTY. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE CONFIGURATION AND DEPTH OF THE LOT DOES NOT PROVIDE ENOUGH ADEQUATE SPACE TO MEET THE 10 FOOT MINIMUM FRONT SETBACK AND MINIMUM CLEAR VISION REQUIREMENT. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE RECOMMENDED VARIANCES DO APPEAR TO OBSERVE THE SPIRIT OF THE ORDINANCE. THE SHAPE OF THE LOT IS UNUSUAL AND THE LIMITED SPACE OF THE LOT PRESENT AN UNNECESSARY HARDSHIP. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH 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. IF GRANTED, THE ADDITION WILL MAINTAIN FIVE FEET FROM THE FRONT PROPERTY LINE, TWO FEET, NINE INCH CLEAR VISION FROM THE NEIGHBORING DRIVEWAY AND FIVE FEET CLEAR VISION FROM THE CORNER. THESE DISTANCES ARE NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY OF 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 TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE PROPERTY HAS UNIQUE CIRCUMSTANCES SUCH AS THE UNUSUAL SIZE OF THE LOT AND NOT MERELY FINANCIAL END OF MOTION. SECOND. SECOND. UH, I'M GONNA GIVE THIS TO COMMISSIONER VAZQUEZ. UH, COMMISSIONER KAPLAN. I FULLY AGREE WITH, UH, UH, THE MOTION, UH, PROPOSED BY, UH, MS. KAPLAN. THANK YOU MS. KAPLAN. YEAH, I'M GOING TO BE BECAUSE, UH, OBVIOUSLY THE OWNER HAS DEMONSTRATED THAT THERE'S SUBSTANTIAL HARDSHIP. IF SHE DOESN'T HAVE ADEQUATE FENCING, UM, CLEAR VISION IS NOT GOING TO BE AN ISSUE. AND I SUPPORT THE FACT THAT YOU ARE RENOVATING AND, AND BRINGING BACK, UH, A HISTORIC HOUSE INTO THE NEIGHBORHOOD. UM, THE ADDITION THAT YOU'RE DOING IS REALLY NOT SO OUT OF LINE BECAUSE THE FOUNDATION IS ALREADY THERE, SO YOU'RE JUST FILLING IN A PORCH. ALRIGHT. IS THERE ANY OTHER COMMISSIONERS YOU'D LIKE TO ADD? I HEARING NONE UNLESS HAVE ROLL CALL VOTE PLEASE. MS. KAPLAN. I, I AGREE. MR. VASQUEZ IN FAVOR. MR. SPILLMAN? I CONCUR. MR. ALBERT. I CONCUR. MR. MANCHACA? I CONCUR. MS. CRUZ? YES, I CONCUR. MR. MANNA. I CONCUR WITH THE FINES OF FACT. MS. LIND. I CONCUR. MR. ZUNIGA. I CONCUR WITH THE FINES OF FACT. MR. ZUNA? YES, I CONCUR. CHAIR ORIAN. AND I ALSO CONCUR WITH THE FINDINGS [00:30:01] OF FACT. MOTION PASSES UNANIMOUSLY. AND I'M LOOKING FOR A MOTION FOR THE SPECIAL EXCEPTION MANNA COMMISSIONER MANNA, UH, REGARDING CASE NUMBER BO A 2 2 1 0 3 0 0 180 9. AND MOVE THAT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR ONE, A REQUEST FOR A THREE FOOT SPECIAL EXCEPTION FROM THE THREE FOOT MAXIMUM SOLID FENCE, SOLID SCREEN FENCE HEIGHT REQUIREMENT TO ALLOW A SIX FOOT SOLID SCREEN FENCE IN THE FRONT YARD. AND TWO, A REQUEST FOR A ONE FOOT SPECIAL EXCEPTION FROM THE FIVE FOOT MAXIMUM PREDOMINANTLY OPEN FENCE HEIGHT REQUIREMENT TO ALLOW A SIX FOOT PREDOMINANTLY OPEN FENCE IN THE FRONT YARD, SITUATED AT 7 1 4 SOUTH. APPLICANT BEING ALEJANDRO MIRANDA. UH, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE E D C STATES THAT THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR OFFENSE HEIGHT MODIFICATION. THE ADDITIONAL FENCE HEIGHT WAS OBSERVED UPON THE SITE VISIT AND IT GRANTED STAFF FINDS THE REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE. B. THE PUBLIC WELFARE AND CONVENIENCE, UH, WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THESE CRITERIA ARE REPRESENTED BY FENCE HEIGHTS TO PROTECT RESIDENTIAL PROPERTY OWNERS WHILE STILL PROMOTING A SENSE COMMUNITY. THE FENCE IS LOCATED ALONG THE FRONT PROPERTY LINE AND IS EXCEEDING THE MAXIMUM HEIGHT REQUIREMENT BY ONE FOOT. ALSO EXCEEDING THE MAXIMUM PRIVACY REQUIREMENT BY THREE FOOT C. THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH APPROPRIATE USE. SUCH PROPOSED USE, UH, FENCE WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT PROPERTY. AND IT'S UNLIKELY TO SUBSTANTIALLY INJURE ANY NEIGHBORING PROPERTIES. D THE SPECIAL EXCEPTIONS WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE ADDITIONAL HEIGHT FOR THE SECTION OF FRONT YARD FENCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE IN ESTABLISHED 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 THIS DISTRICT. END A MOTION. IS THERE A SECOND? SECOND. SECOND. SECOND. BY COMMISSIONER KAPLAN. COMMISSIONER MANNA? UM, YES. I'LL BE VOTING IN FAVOR OF THIS. SO WE HAVE THE COMMUNITY SUPPORT AS WELL AS THE APPLICANT, YOU KNOW, UM, PROVIDING ENOUGH JUSTIFICATION FOR MY PERSPECTIVE TO WARRANT IT. SO I SEE NO PROBLEM IN GRANTING THIS REQUEST. COMMISSIONER KAPLAN? I AGREE. ANY OTHER COMMISSIONERS HEARING UNANIM HAVE A RULE CALL VOTE PLEASE. MR. MANNA? I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR. MR. SPILLMAN. I CONCUR. MR. ALBERT I CONCUR. MR. MANCHACA. I CONCUR. MR. VAZQUEZ. I CONCUR. MS. CRUZ. I CONCUR. MS. LIND I CONCUR. MR. ZUNIGA. I CONCUR. MR. AONA. I CONCUR. CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. UM, ALL RIGHT. WE'RE READY FOR THE NEXT CASE. I, I WANTED TO ASK STAFF FOR A QUICK CLARIFICATION, UM, CASE, CASE ENDING IN 1 9 6. UH, I, I ORIGINALLY HAD THAT LISTED AS POSTPONED AS, BUT IT APPEARS AS ITEM NUMBER SEVEN. IS THAT BEING HEARD TODAY? IT IS. IT'S GONNA BE HEARD TODAY. OKAY. UM, IT WAS A, WE GOT CLARIFICATION FROM THE APPLICANT, SO THE ADVERTISED WAS GOOD. OKAY. AWESOME. THANK YOU. ALL RIGHT, LET'S GO. MOVE ON TO ITEM NUMBER. UH, THREE. ALL RIGHT. GOOD AFTERNOON. THIS IS ITEM NUMBER, UH, THREE IS BO O A 180. UH, LOCATED AT TWO 18 SOUTH SAN GABRIELLE. UM, IT'S A REQUEST FOR A THREE FOOT, TWO INCH VARIANCE TO THE REQUIRED FIVE FOOT REAR SETBACK FOR AN ACCESSORY STRUCTURE TO ALLOW AN ACCESSORY STRUCTURE TO HAVE ONE FOOT 10 INCHES, UH, FROM THE SIDE SETBACK, A FOUR FOOT VARIANCE TO REQUIRE FIVE FOOT SIDE SETBACK FOR ACCESSORY STRUCTURE. HAVE A ONE FOOT SIDE SETBACK AND A REQUEST TO THE VARIANCE FOR TWO TO MAXIMUM 50% MAXIMUM LOCK COVERAGE FOR ALL ACCESSORY STRUCTURES IN THE REAR AND SIDE YARD TO ALLOW OVER 50% OF LOCK COVERAGE FOR ALL ACCESSORY STRUCTURES. NEXT SLIDE. THE SUBJECT PROPERTY IS A SINGLE FAMILY DWELLING JUST LOCATED SOUTH OF ENRIQUE AND BARRE PARKWAY IN WEST COMMERCE. THE SPLIT, THE APPLICANT IS REQUESTING REDUCED VARIANCES FOR THE SIDE AND REAR OF AN ACCESSORY STRUCTURE BUILT WITH NO PERMITS. THE STRUCTURE HAS VEHICLE SIZE OPENING ON THE SIDE, FACING THE ADJACENT VACANT PROPERTY, WHICH WAS NOT, WHICH DOES NOT BELONG TO THE PROPERTY OWNER. THERE IS THE SITE PLAN AND PICTURES OF THE PROPERTY [00:35:05] AND ITS SURROUNDING AREA. ALL RIGHT. STAFF RECOMMENDS DENIAL BASED ON THE FOLLOWING FINDING OF THE FACT THE ACCESSORY 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. THIS IS THE NOTIFICATION PLAN, AND THAT'S THAT SECOND, UH, PRESENTATION. AND THE APPLICANT IS PRESENT. GREAT. IF THE APPLICANT CAN PLEASE COME FORWARD. HELLO. IF YOU COULD STATE YOUR NAME. MY NAME'S JOSEPH RODRIGUEZ. UH, THIS IS MY MOTHER-IN-LAW, ELIZABETH ESCARA. SHE'S THE ONE THAT ACTUALLY RESIDES AT THE RESIDENCE. I'M THE ONE THAT, UH, BUILT THE, THE BUILDING IN THE BACK. OKAY. UH, PLEASE PROCEED. SO IF YOU LOOK AT THE, IF YOU LOOK AT THE, I DON'T KNOW WHAT EXACTLY THAT'S CALLED, BUT YOU CAN SEE THE PROP, HER PROPERTY AND THE PROPERTY NEXT TO IT ARE SMALLER THAN EVERY OTHER PROPERTY THERE. IT'S 25 FEET WIDE. HER PROPERTY'S 25 FEET WIDE BY A HUNDRED FEET DEEP. THE 25 FEET IS OBVIOUSLY NOT VERY BIG. I THINK ORIGINALLY IT WAS TWO LOTS AND THEY, I MEAN, IT WAS ONE LOT AND THEY SPLIT IT INTO TWO. MY MOTHER-IN-LAW HAS RESIDED THERE OVER 20 YEARS. THE OWNER OF THAT LOT HAS ALWAYS ALLOWED HER TO HAVE ACCESS. WE, WE CLEANED THE LOT. WE FIXED THE FENCE ON THE LOT. I HAVE THE KEY TO THE, TO THE, TO THE LOCK THAT'S ON THE GATE. HE DOESN'T EVEN HAVE A KEY. WE MADE SEVERAL ATTEMPTS AFTER OUR LAST HEARING THAT WAS POSTPONED TO GET, TO GET IN TOUCH WITH HIM. UH, SHE WAS ABLE TO TALK WITH HIM ONLY BY PHONE ONCE. HE SAID IF HE HAS TIME, HE WOULD GO OUT TO MEET WITH US, THAT HE WAS LEAVING OUT OF TOWN. HE NEVER WENT. SHE TRIED CALLING HIM AGAIN THIS MORNING. WE HAVEN'T BEEN ABLE TO GET AHOLD OF HIM. UH, SIMILAR TO THE CASE, UH, BEFORE Y'ALL, THIS NEIGHBORHOOD IS VERY DRUG INFESTED. THAT'S THE REASON WHY WE PUT THE GATE. WE PUT THE LOCK AND I BUILT THE STRUCTURE TO SECURE HER PROPERTY AS WELL AS MINE. SHE'S MY MOTHER-IN-LAW. I LOVE HER, BUT I'M NOT GONNA SPEND ALL MY MONEY JUST FOR THAT. I HAVE MY BOAT IN THERE. THAT'S THE REASON FOR THE HEIGHT OF THE DOOR. EVERYTHING ELSE IN THERE IS SOME OF OUR PROPERTY, A LOT OF HER PROPERTY. AND HER HUSBAND WHO'S DECEASED, SHE LIVES BY HERSELF. SHE'S DISABLED. IT'S A BAD NEIGHBORHOOD. I DON'T CALL THE POLICE. I DON'T DO ANY OF THAT. 'CAUSE SHE LIVES THERE ALONE. I LIVE MILES AWAY OFF PETRANKO IN 1604. I DON'T WANNA CAUSE PROBLEMS WITH THE PEOPLE IN THE AREA BECAUSE I DON'T WANT THEM TO, I DON'T WANT IT TO AFFECT HER WHEN WE'RE NOT THERE TO HELP HER OR PROTECT HER. SO BEFORE THAT STRUCTURE WAS THERE, WE HAD SOME THINGS IN THE BACK AND THEY WERE ALWAYS GETTING STOLEN. THERE WAS PEOPLE GOING IN THERE. I MEAN, THEY WOULD USE THE BATHROOM BACK THERE. I MEAN, IT WAS BAD. SO, YOU KNOW, WE TRIED TO GET AHOLD OF THE OWNER OF THE LOT. HE DON'T, HE DIDN'T HELP US ANYTHING WITH ANYTHING. SO WE REPAIRED THE GATE. WE TOLD HIM WE'RE GONNA PUT A LOCK, WE HAVE KEYS ON IT. HE WAS FINE WITH ALL THAT. HE DOESN'T EVEN HAVE A KEY, LIKE I SAID TO THE, TO THE LOT WE DO, UH, WE EXPLAINED, SHE EXPLAINED TO HIM OVER THE PHONE WHAT WE WANTED TO MEET WITH HIM ABOUT. HE'S EITHER DOESN'T CARE OR DOESN'T HAVE TIME, OR I DON'T KNOW WHAT IT IS, BUT HE FAILED TO HELP US IN ANYTHING THAT WE REQUESTED. UH, LIKE I SAID, THE THE SIZE OF IT IS, IS UNIQUE BECAUSE THE LOT SIZE IS UNIQUE. I MEAN, THE LOT ITSELF IS 25 FEET WIDE. UH, I DIDN'T KNOW THAT THERE WAS ALL THESE OTHER RULES I DO NOW. UNFORTUNATELY, WE'VE BUILT IT ALREADY. UH, SO, YOU KNOW, I'M ASKING, UH, DUE TO THE SIZE OF THE LOT AND THE, AND THE NEIGHBORHOOD, THE AREA, UH, NONE OF THE NEIGHBORS HAVE COMPLAINED. I MEAN, THEY LIKE IT BECAUSE NOW THE PEOPLE CAN'T GO IN THERE, YOU KNOW, AND GOING IN THERE, THERE'S A HOUSE NEXT TO THE LOT THAT THEY HAD TO DEAL WITH THEM BECAUSE THEY WERE GOING IN THERE. ALSO. BEHIND IT, THERE'S A DOUBLE FENCE, A CHAIN LINK FENCE AND A PRIVACY FENCE. THEY DIDN'T, THEY SAID THEY DIDN'T HAVE NO ISSUE WITH IT EITHER. WE TRIMMED THE TREES. WE DID A LOT BACK THERE TO BE ABLE TO PUT THE, THE STRUCTURE UP. UH, BUT LIKE I SAID, WE HAVEN'T, THE POSTPONEMENT WAS FOR US TO GET AHOLD OF THE OWNER OF THE LOT AND SEE IF HE WOULD EITHER SELL TO US OR GIVE US A, SOMETHING PERMANENT IN WRITING, ALLOWING US ACCESS TO THERE. UH, WE DIDN'T GET ANY HELP WITH THAT. OKAY. UM, COMMISSIONER ZUNIGA? YES. UH, IF I REMEMBER THE LAST TIME, UH, YOU STATED THAT THE PROPERTY'S EMPTY THERE, IT BELONGS TO SOMEBODY ELSE. THE PERSON THAT BELONGS TO IS AN ATTORNEY A BONDSMAN. RIGHT? HE OWNS A BAIL BONDS COMPANY. OKAY. COWBOYS BAIL BONDS. AH, AND, AND MY QUESTION WOULD BE, UH, YOU KNOW, BONDSMAN USE ANY PROPERTY THAT, THAT THEY CAN GET AHOLD OF, THAT THEY CAN BUY WHATEVER, AND USE IT, YOU KNOW, FOR, FOR THE BACKUP FOR, FOR THEM, YOU KNOW, TO MM-HMM. TO [00:40:01] BOND IT OUT. RIGHT. UH, IS THIS A CASE RIGHT THERE THAT IF WE WOULD, UH, GIVE YOU, IF THIS BOARD WOULD SAY YES, GO AHEAD AND, UH, DO WHAT YOU HAVE TO DO ON THE SIDE AND WHATEVER. YOU DON'T KNOW THIS AND THAT BECAUSE YOU DON'T KNOW WHO OWNS IT. THE GENTLEMAN MIGHT BE AT, UH, B CAP AND SAY, YEAH, THEY OWN THE PROPERTY, BUT YOU KNOW, IT MIGHT BE OWNED BY SOMEBODY ELSE OR THAT WELL, I, YOU DON'T KNOW IF IT'S ALREADY BONDED OUT. EH, THAT YARD IS THE WHATEVER. NO, YEAH, I UNDERSTAND. BUT THAT, THAT'S MY QUESTION, COMMISSIONER. THANK YOU. YEAH, NO, THE, SO IN RESPONSE TO THAT, HE DOES OWN THE PROPERTY. IT'S NOT SOMETHING THAT WAS PUT UP TO HIM AS COLLATERAL. HE'S OWNED IT FOR OVER 20 YEARS. YEAH. HE'S ALWAYS GIVEN HER SO YEARS BACK, UH, HE TOLD HER, I'M FINE. YOU WANNA, YOU WANNA PARK THERE, YOU WANNA USE IT BECAUSE THE, IT'S, IT'S SMALL. YEAH. SO WE NOW WE'VE, WE'VE HEARD NOW LET'S, BEFORE WE MOVE FORWARD WITH QUESTIONS, I MEAN, WE'RE THE OWNERSHIP OF THE NEIGHBORING PROPERTY AND WHETHER OR NOT THE, THE UNLESS THERE'S DOCUMENTED ACCESS RIGHTS, IT'S NOT SOMETHING FOR US TO, TO, TO, TO BE LISTENING TO OR HEARING ABOUT. WE'RE, WE'RE, WE'RE JUST HERE. WHETHER OR NOT YOU CAN EXCEED 50% AND WHETHER YOU CAN BUILD REALLY CLOSE TO YOUR PROPERTY. OKAY. WELL, I MEAN, THE ONLY REASON, AND THE ONLY REASON I'M, I'M SPEAKING ON THAT IS BECAUSE, AND THE LAST HEARING, Y'ALL ASKED ME TO GET EITHER A PERMANENT, SOMETHING PERMANENT FROM HIM GIVING ME EIGHT FOOT OF ACCESS IN AND OUT OF THERE, OR IF HE WOULD SELL TO ME. THAT'S THE REASON I'M RIGHT. STRESSING, UH, THE OWNERSHIP OF THAT LOT. UH, BUT OTHER THAN THAT, I MEAN, LIKE I SAID, IF, IF, IF SOMETHING HAPPENED TO, TO ANSWER YOUR QUESTION, THERE IS A FRONT EIGHT, NINE BY EIGHT FOOT DOOR. IF FOR WHATEVER REASON THAT PROPERTY WAS SOLD OR HE DECIDED, YOU KNOW WHAT, I DON'T WANT Y'ALL TO GO THROUGH MY PROPERTY ANYMORE. THEN WE TAKE OUR LAKE, OUR, MY LOCK OFF, AND I STILL HAVE ACCESS THROUGH THE FRONT FACING OF IT, WHICH IS NINE BY EIGHT ON THE SIDE OF HER HOUSE. THERE'S A SIDEWALK, A THREE FOOT SIDEWALK FROM THE FRONT DR. UH, DRIVE AREA ALL THE WAY TO THE BACK. THAT'S CONCRETED ALREADY. THAT'S BEEN THERE FOR YEARS. SO WE STILL WOULD HAVE ACCESS TO IT. I WOULD JUST PUT PERMANENT LOCKS ON. IS IT A THREE FOOT SIDEWALK OR A FIVE SIX? THE SITE PLAN SAYS FIVE SIX. IT. WELL, WELL, IF THAT'S WHAT IT IS, THEN FIVE, SIX. OKAY. UH, ANY OTHER QUESTIONS? JUST ONE QUESTION. COMMISSIONER KAPLAN, HOW MANY YEARS HAVE YOU BEEN, UM, USING THIS PROPERTY? 22. 22 YEARS. TWO YEARS. YOU'VE BEEN USING, NOT YOUR PROPERTY, BUT THE NEIGHBOR'S PROPERTY SINCE SHE'S LIVED THERE 22 YEARS. 22 YEARS. UH, HAVE YOU CONSULTED AN ATTORNEY ABOUT ANYTHING? NO. OKAY. OBVIOUSLY WE MIGHT BE INSURED RECORDS CHAIRMAN, I APOLOGIZE FOR THE QUESTION PRIOR, BUT MY, UH, THINKING HERE IS, WILL THIS BE CHALLENGED? WILL IT SURVIVE THE CHALLENGE? YEAH. AND WE HAVE ANOTHER ONE TO COME IN AND SAY, HEY, UH, YOU KNOW, I WANT TO CHALLENGE THIS AND WE'LL BE IN THE SAME PLACE. RIGHT. UH, SO I, I HAVE A QUESTION, BUT THIS IS AN ATTORNEY THAT WOULD HAVE TO TELL US YEAH. WHAT, WHAT GOES ON LIKE THAT? WE, WE, WE DON'T WANT TO GET IN THE MIDDLE OF THE, THE, THE KIND OF ITEMS THAT, THAT WE TRADITIONALLY ARE CONCERNED WITH IS CAN YOU MAINTAIN THIS? IF IT'S THAT CLOSE TO THE SIDE PROPERTY LINE, IS IT A FIRE HAZARD TO THE NEIGHBOR? MM-HMM. AND THEY WANTED TO BUILD SOMETHING ON THAT PROPERTY. MM-HMM. , UH, I KNOW THE LOT IS VERY, VERY NARROW. UH, BUT THERE ARE PEOPLE THAT BUILD VERY, VERY NARROW HOMES NOWADAYS. IT'S KIND OF A HOT THING RIGHT NOW, BUT YOU KNOW, YOU NEVER KNOW. THIS COULD BE TURNED INTO SOMETHING MM-HMM. . AND COULD YOU MAINTAIN IT? MAYBE TALK ABOUT, UM, YOU KNOW, WHAT SORT OF FACADE FINISHES YOU HAVE, WHAT SORT OF ROOF YOU HAVE. IS THIS SOMETHING YOU COULD MAINTAIN WITHOUT HAVING ACCESS TO THAT PARTICULAR SIDE OF IT? THAT'S THE KIND OF STUFF THAT I PERSONALLY WOULD WANT TO KNOW. AND THAT THIS BOARD HAS A, HAS A HISTORY OF TRADITIONALLY LISTENING TO WHEN WE'RE MAKING THESE SORT OF DETERMINATIONS. SO IF YOU, CAN YOU PLEASE TALK ABOUT WHAT SORT OF, UH, WHAT, WHAT SIDING IS ON THAT IS IT'S ALL METAL, I ASSUME IT THE YEAH. THE ENTIRE STRUCTURE'S METAL, THE DOORS ARE METAL. THE STRUCTURE'S METAL. THERE'S NO WOOD AT ALL USED. UH, AND THE, AND THE LINE THAT YOU'RE TALKING ABOUT OF THE, OF THE SIDE OF THE BUILDING, IT'S THE EXACT SAME. AND THAT'S WHAT WE DID. WE WENT STRAIGHT WITH HER HOUSE. SO IF THEY BUILD ANYTHING, I MEAN, THEY HAVE TO RESPECT WHATEVER EASEMENT IS BETWEEN HER HOUSE AND THAT AS WELL AS THE STRUCTURE. 'CAUSE THE STRUCTURE IN THE HOUSE, THAT'S WHY WE CHOSE THAT LINE, BECAUSE THEY TOLD US THAT. SO IT'S, THIS IS HOW ODD IT IS. THERE IS NO HER FENCE. IF YOU LOOK, IF YOU LOOK AT THE PICTURES, HER FRONT FENCE BUTTS UP TO THE SIDE OF HER HOUSE. THERE'S NO, THERE'S NOT EVEN AN INCH. IT LITERALLY BUMPS RIGHT UP TO THE SIDE. I THINK THERE'S A PICTURE OF THE FRONT OF HER HOUSE. LEMME SEE. GO BACK ONE, SORRY. RIGHT THERE. YEAH, WELL, YOU CAN SEE IT RIGHT THERE. SO THE SIDE OF HER HOUSE AND THE FRONT BY THAT TREE, THAT THE FENCE LITERALLY GOES RIGHT INTO THE SIDE OF THE TREE BECAUSE THE, THE PROPERTY LINE. AND WE'VE HAD THIS ISSUE BECAUSE THAT BIG, THAT LARGE TREE YOU SEE RIGHT THERE NEXT TO THE CHAIRS, TECHNICALLY THAT'S [00:45:01] ON HIS PROPERTY, BUT IT'S GOT A LOT OF BRANCHES THAT WERE ALREADY DYING. SO WE'VE TRIMMED IT BECAUSE WE DIDN'T WANT IT TO FALL ON HER HOUSE. BUT, BUT THAT'S HOW HARD IT'S BEEN FOR US TO GET ANY HELP AT THAT. SO GO AHEAD. WHEN YOU, WHEN YOU'RE STANDING ON, UH, SAN GABRIELLE AND, AND YOU'RE, AND YOU'RE LOOKING AT YOUR PROPERTY, THE SIDE OF THE SIDE OF THE ACCESSORY STRUCTURE WITH THE TWO, UH, UM, GARAGE DOORS. THAT'S THE SIDE THAT HAS THE, THE ONE FOOT? NO, NO, THAT'S ACTUALLY IN LINE WITH HER HOUSE. THERE'S NO, THERE IS NO, WELL, NO, BUT, BUT WE HAVE TWO VARIANCES. ONE IS FOR ONE IS FOR THE OTH, THE OPTIC BACK SIDE. ONE IS ONE FOOT. YEAH. AND ONE IS FOR A, FOR THE BACK. FOR THE, AND IT'S AT THE REAR. YES. BECAUSE THERE IS NO, I MEAN, IF THERE'S A VARIANCE, THAT REQUEST FOR THREE FOOT TWO FROM THE REAR AND THE ONE FOOT ON THE SIDE, IS THAT ON BOTH SIDES OR JUST NO, THAT'S JUST ON ONE SIDE BECAUSE WE BUILT THE, WE BUILT THE ACCESSORY STRUCTURE IN THE SAME LINE THAT HER HOME IS BUILT ON. SO YOU DO HAVE, BUT, SO ON THE, ON THE, ON THE SOUTH SIDE, WHICH WOULD, IF I'M FACING, IF I'M SAYING AT THE STREET, LOOKING AT YOUR PROPERTY, THE RIGHT SIDE, THERE'S A SIDE OF THE SIDE THAT, THAT IT SAYS CONCRETE SIDEWALK. THAT'S THE SIDE THAT WE, WE ASKED FOR A ONE FOOT WHATEVER VARIANCE ON, AND THEN THE BACK 'CAUSE ON THE OPPOSITE. SO YOU HAVE ONE FOOT ON BOTH SIDES OF THIS ACCESSORY STRUCTURE, WHATEVER, WHATEVER THE WHATEVER IT IS. YES. FOR THE, FOR THE SIDE ON HER HOME, BETWEEN HER HOME AND THE LOT. NO, I, I SEE THAT, BUT I, I'M, I'M TRYING TO CLARIFY WHAT, WHAT QUESTION IS BEING POSED US TODAY? WE'RE, WE'RE GIVEN A ONE FOOT SIDE SETBACK. AND I'M WONDERING, IS IT ONE FOOT ON EACH SIDE ON THE SIDE, OR IS IT, UH, JUST ON ONE SIDE ON THE REAR? IT IS ONE FOOT 10 INCHES ON THE SIDE. IT'S ONE FOOT. THAT'S BOTH SIDES. RIGHT. UH, SO WE COULDN'T REALLY TELL WHERE THE PROPERTY LINE IS ON THE LEFT HAND SIDE. MM-HMM. . UM, THERE WASN'T AN INDICATING FENCE OR ANYTHING LIKE THAT, THAT WE CAN COMPARE IT TO. SO, SO YOU, WE KNOW IT'S IN LINE WITH THE HOUSE ON ONCE ON THE LEFT SIDE. MM-HMM. ON THE RIGHT SIDE. IT STICKS A LITTLE BIT FURTHER PAST THE HOUSE. AND YOU'VE STATED THAT YOU'RE ONE FOOT OFF THE PROPERTY LINE. YES. BUT ARE YOU ONE FOOT OFF THE SIDE PROPERTY LINE ON BOTH SIDES OF THIS STRUCTURE? OR IS IT JUST ON, YOU DON'T KNOW. I'M NOT, I'M NOT SURE WHERE THE, I THOUGHT THE PROPERTY LINE WAS THE FENCE AND THE SIDE OF HER HOUSE. SO I, I MEAN, IF, FROM THE WAY I LOOK AT IT, THERE IS NO E THERE IS NO EASEMENT BETWEEN THE, THE EMPTY PROPERTY AND HER HOUSE, BECAUSE THE FENCE IS RIGHT UP AGAINST THE SIDE OF HER HOUSE. SO WE, YEAH. SEE, WE, WE HAD, SEE THAT'S PART OF THE PROBLEM IS THAT HOW ARE WE SUPPOSED TO GRANT A VARIANCE ON, ON THE NORTH SIDE OR THE LEFT SIDE OF THIS STRUCTURE? AND THERE'S NOTHING ON THE, ON THE OTHER SIDE? WELL, WE DON'T KNOW WHAT WE'RE GIVING A VARIANCE TO. LIKE YOU DON'T KNOW HOW FAR AWAY HER EXISTING SIDE OF THE HOME IS FROM THE PROPERTY LINE. IS IT? BECAUSE IF WE GIVE YOU A FOOT AND IT'S REALLY EIGHT INCHES AWFUL, THEN THE VARIANCE DOESN'T MEAN ANYTHING. AND SO, LIKE DO YOU HAVE, THERE'S BEEN NO SURVEY OR ANY PROPERTY PINS OR? NO, I MEAN, I, WE AUTOMATICALLY, LIKE I SAID, WE AUTOMATICALLY ASSUMED. YEAH. HOW DID THE DETERMINATION OF A ONE FOOT COME UP AS FAR AS YOUR REQUEST? 'CAUSE WE, ME, UH, THE INSPECTOR I GUESS MEASURED FROM THE FENCE TO THE, TO THE ACCESSORY BUILDING SIDE. AND HE DETERMINED THAT'S WHAT SPACE THERE WAS THERE AND BEHIND. HE NEVER SAID ANYTHING ABOUT. BUT BECAUSE, BECAUSE WE HAVE TWO SIDES THAT WE'RE WORRIED ABOUT, NOT JUST ONE. WHEN YOU SAY SIDE SETBACK, YOU CAN HAVE WHEN YES. DEVIATION ON ONE SIDE AND A DEVIATION ON THE OTHER SIDE. BUT WHAT'S BEFORE US TODAY IS THAT IT LOOKS LIKE YOU'RE SAYING THAT YOU'RE ONE FOOT OFF THE SIDE PROPERTY LINE ON BOTH SIDES. NO. SO WE DIDN'T KNOW ANYTHING ABOUT, I DIDN'T KNOW ANYTHING ABOUT ANY, ANY, UH, EASEMENT OR VARIANCE. THE, IN THE CITY INSPECTOR, WHOEVER IT IS THAT, THAT WENT OUT THERE, HE'S THE ONE THAT MENTIONED THE BACK AND THE, THE RIGHT SIDE. THE RIGHT SIDE. SO THE LEFT SIDE, HE NEVER SAID ANYTHING ABOUT THE LEFT. YEAH. WAS THIS SITTING ADVERTISED FOR, FOR THE NORTH AND THE SOUTH SIDE OF THE PROPERTY? WHICH, WHICH WOULD BE THE LEFT AND RIGHT SIDE OF THE, SO, SO IT CAN BE USED FOR BOTH BECAUSE IT WAS ADVERTISED FOR EIGHT SIDE SETBACK. OKAY. SO THE MOST WE CAN DO IS, IS, IS ENTERTAIN A VARIANCE FOR A ONE FOOT ON EACH SIDE. OKAY. ALTHOUGH ON YOUR LEFT SIDE OF YOUR HOME, IT MAY BE LESS THAN THAT, WHICH MEANS THE VARIANCE IS DOES NO GOOD FOR YOU. UH, BUT, UH, BUT THAT'S COMMISSIONER MAY. SO, AND, AND AS I LOOK AT THIS DIAGRAM HERE, YOU KNOW, IT, YOU KNOW, I GUESS I WOULD HAVE, SO THERE'S ALL KIND OF CONCERNS HERE. AND SO, SO THIS ONE DIAGRAM HERE SHOWS THAT YOU ACTUALLY HAVE VERY CLOSE VARIANCE ON ALL THREE SIDES OF THE ACCESSORY BUILDING STRUCTURE. AND SO, SO I THINK IT, IT MAY BEHOOVE YOU TO HAVE STAKES PUT IN PLACE SO THAT YOU CAN GO BACK TO SAY, OKAY, WHAT THE OFFICIAL MEASUREMENT IS. BUT THAT SAID, YOU KNOW, THE CHALLENGE THAT I HAD LAST TIME WAS THAT, YOU KNOW, WHEN IT IS THAT YOU, UM, COMPLETELY COVER A HUNDRED PERCENT OF THE YARD, WHICH IS WHAT'S HAPPENING HERE. PART OF THE DIALOGUE FOR OBTAINING THE PROPERTY NEXT TO YOU IS TO MAKE YOUR YARD BIGGER MM-HMM. SO THAT IT WASN'T [00:50:01] AS PREDOMINANT AS FAR AS THE STRUCTURE MM-HMM. , SO THAT WE CAN REEVALUATE, I GUESS WITH REGARDS TO PERCENTAGE USAGE. AND SO I WOULD STILL, YOU KNOW, QUESTION, YOU KNOW, WHETHER OR NOT, YOU KNOW, THAT NEEDS TO BE DONE. AND SO, SO MINIMALLY I WOULD SAY THAT, YOU KNOW, YOU KNOW, SURVEY TO MAKE SURE THAT ALL THE LINES ARE CORRECT. AND THEN SECOND WOULD BE, YOU KNOW, THE CONTINUED PURSUIT OF THAT SIDE PROPERTY LINE. 'CAUSE I, I PERSONALLY WOULD HAVE TROUBLES, YOU KNOW, UM, RECOGNIZING A WHOLE STRUCTURE IS THE BACKYARD. I, AND I WOULD AGREE ON THAT IT'S VERY PROBLEMATIC THAT THERE'S, UH, THAT ACCESSORY BUILDING TAKES UP. SO MUCH OF THE LOT YOU MIGHT CONSIDER IS TALKING TO AN ATTORNEY ABOUT ADVERSE POSSESSION. BECAUSE IF YOU'VE BEEN NOTORIOUSLY USING THIS PROPERTY FOR MORE THAN 10 YEARS, POSSIBILITY THAT YOU MIGHT HAVE SOME KIND OF, UH, RIGHTS TO THE PROPERTY, UM, TALK TO AN ATTORNEY. OKAY. UH, AND IF THAT WERE THE CASE, IF YOU ACTUALLY DID HAVE A RIGHT IN TO THAT NEXT DOOR PROPERTY, THEN IT WOULDN'T BE 50% YOUR, YOUR PROPERTY WOULD NOT BE COVERED. 50%, 50% PERCENT OF THE LAW, WHICH I ALSO HAVE A HARD TIME WITH. AND ALSO ONE OF THE SIDE SETBACKS, IF YOU OWN THE PROPERTY NEXT DOOR WOULD, IS BE IRRELEVANT. YEAH. SO THAT WOULD BE A LOT EASIER TO GRANT THE VARIANCE. OKAY. ZINA, COMMISSIONER ZUNA. YEAH. SO MY, MY CONCERN IS ALSO WITH, WITH THE CHAIR ORIENTS, IS THAT THE WAY THAT'S IS ADVERTISED AS A ONE FOOT VARIANCE, WHAT IF IT, AND LET'S SAY WE PASSED THE ONE FOOT VARIANCE, BUT IT TURNS OUT THAT YOU REALLY NEED A, YOU KNOW, AN EIGHT INCH VARIANCE OR SOMETHING BECAUSE OF WHERE THE BUILDING IS STRUCTURED AND WHAT THE VARIANCE WE JUST PASSED IS MEANINGLESS TO YOU BECAUSE YOU WOULD HAVE TO, BUT, BUT THEN AT THE SAME TIME, I UNDERSTAND WHAT YOU'RE SAYING AND I AGREE, BUT THEN THAT MEANS THAT THEY, WE WOULD HAVE TO DO SOMETHING WITH HER HOUSE THAT'S BEEN THERE FOR OVER 50 YEARS. BUT, BUT THAT'S NOT THE, UH, THAT'S NOT THE HOUSE WOULD BE ACCESSORY STATION. BUT IT'S IN THE SAME, IT'S IN THE SAME LINE. SO IF IT NONCONFORMING USE, IF THE PROPERTY LINE IS GONNA AFFECT THE STRUCTURE, WHICH IS IN THE SAME LINE WITH THE HOME, THAT WOULDN'T AFFECT THE HOME. ALSO, WE'RE, WE'RE, THAT'S, THIS IS AN EXISTING NONCONFORMING USE. SO WE'RE ONLY HERE ABOUT THE ACCESSORY STRUCTURE. NO, NO, I UNDERSTAND THAT. BUT THE, BUT THE, BUT THE QUESTION RIGHT NOW THAT'S BEING POSED IS THE, THE, THE, THE VARIANCE OF THE SPACE FROM THE, FROM THE ACCESSORY BUILDING THAT WAS JUST ADDED, BUT TO THE PROPERTY LINE. BUT THE KEY WORD IS JUST ADDED MM-HMM. , BECAUSE THE HOUSE IS IN NONCONFORMING, IT ALREADY HAS BEEN IN EXISTENCE FOR OVER, LET'S SAY 80 YEARS OR SO. AND THEREFORE IT'S A, IT'S A NON-CONFORMING USE, BUT IT IS AN ALLOWABLE USE OF THE PROPERTY, WHEREAS THIS WAREHOUSE STRUCTURE IS A NEW STRUCTURE AND WOULDN'T HAVE THOSE SAME NON-CONFORMING RIGHTS BECAUSE OF THE AGE THAT IT WAS BUILT VERSUS THE HOUSE. OKAY. AND THAT WOULD BE THE DIFFERENCE. SO I THINK THE RECOMMENDATION HERE IS ANOTHER CONTINUANCE OR, UM, I MEAN, I'M, I'M, I'M NOT OPPOSED TO THAT. SO WHAT'S HAPPENING IS, IS IT, IT YOU'RE, YOU'RE GETTING SOME CONCERN FROM THE BOARD IF THREE MEMBERS VOTE NO, THIS THING DIES. MM-HMM. IS, IS THERE ANYTHING THAT YOU CAN DO TO TRY TO DOCUMENT ANY OF THE, LIKE WE HAD ASKED PRI, I KNOW THAT YOU ATTEMPTED TO CONTACT THE OWNER, BUT I MEAN, DO YOU, DO YOU FEEL LIKE YOU COULD POSSIBLY OBTAIN SOMETHING IN WRITING? I THINK WITH MORE THE, WITH MORE TIME MAYBE. I MEAN, THE, THE, THE PROBLEM IS WE CAN CALL HIM ALL WE WANT. HE'S NOT MOTIVATED TO DO IT. YES. AND, AND, AND OBVIOUSLY IT'S JUST AN EMPTY LOT TO HIM, YOU KNOW, AND, AND WHAT HE'S, WE'VE ASKED HIM TO SELL YEARS BACK. HE, NO, I DON'T WANNA SELL. I DON'T WANNA SELL. AND MY, MY HOPE, MY HOPE WAS TO MEET WITH HIM AND LET HIM KNOW, LOOK, AT SOME POINT, IF SOMEBODY WANTS TO DO SOMETHING NICE WITH THIS PROPERTY, YOU'RE GONNA SELL TO ME OR I'M GONNA SELL TO YOU ONE OF THOSE TWO THINGS. THAT'S THE WAY I SEE IT, BECAUSE 25 BY FEET WIDE IS NOT VERY BIG. IF YOU WANNA DO SOMETHING DECENT IN THE AREA, I THINK YOU NEED TO COMBINE BOTH OF THEM. AND I'M NOT OPPOSED TO, ONCE MY MOTHER-IN-LAW GETS IT OUTTA HER HEAD THAT SHE HAS TO LIVE BY HERSELF. 'CAUSE WE'VE ASKED HER TO COME MOVE IN WITH US. RIGHT NOW SHE DOESN'T WANT TO, BUT IF SHE DOES, THEN I MAY SELL TO HIM. IF HE'S WILLING TO BUY OR IF HE'S WILLING TO SELL TO ME, I'M WILLING TO BUY RIGHT NOW. I JUST NEED TO GET SOMETHING FROM HIM THAT SAYS, HEY, YOU KNOW WHAT, YES, I'LL SELL TO YOU. OR YOU KNOW WHAT? I'LL GIVE YOU, I DON'T THINK, I THINK HE'LL SELL TO ME BEFORE HE GIVES ME PERMANENT ACCESS. 'CAUSE PERMANENT ACCESS IS BASICALLY ALMOST DOING IT FOR FREE. OKAY. HERE, YOU CAN USE MY PROPERTY FOR FREE. SO, UH, MY GOAL IS TO TRY TO PER TO BUY FROM HIM, BUT I HAVE TO MEET WITH HIM. RIGHT. OKAY. SO, UM, WHAT WE'RE GONNA DO IS, UM, WE'LL JUST, IS THERE ANYONE SIGNED UP TO SPEAK ON THIS? THERE IS ONE VOICEMAIL. OKAY. WE, WE HAVE A VOICEMAIL TO LISTEN TO. I'M SORRY. NO, WE DON'T HAVE A VOICEMAIL. DISREGARD. OKAY. NO, NO PUBLIC COMMENT. SO, UM, I'M GONNA LEAVE IT UP TO A COMMISSIONER AND MAKE A MOTION EITHER FOR A CONTINUANCE OR WE CAN ENTERTAIN THIS. UM, SO WITH THAT CRUZ, YEAH. I MEAN, TWO MONTHS, WHEN'S THE, WHEN'S THE NEXT MEETING IN TWO MONTHS THAT WE CAN, WE CAN JANUARY, JANUARY 9TH IS OUR NEXT MEETING. YOU SAID TWO MONTHS? YEAH, WE NEED MORE TIME THAN THAT. [00:55:02] THAT WOULD BE FEBRUARY 6TH OR FEBRUARY 20TH, OR FEBRUARY 6TH WOULD BE TWO MONTHS. FEBRUARY 20TH. ALL RIGHT. SO, WE'LL, WE'RE, CAN I ASK YOU THE QUESTION? SURE. GO AHEAD. COMMISSIONER. ANYTHING. AND, UH, WHILE YOU'VE BEEN GIVEN THIS TIME, YOU MIGHT BE, UH, WISE TO DO SOME RESEARCH. LIKE OUR CHAIRMAN SAID, THE HOUSES THAT ARE BEING BUILT RIGHT NOW THERE, AND YOU DON'T KNOW IF DISTRICT FIVE GOT ONE OF THEM, UH, ONE OF THE 11 HOMES IS IN THERE. YOU SEE? SO YOU'LL BE DOING THIS FOR NOTHING. OKAY. OKAY. SO I'M LOOKING FOR A MOTION FOR CONTINUOUS OF FEBRUARY 20TH. I MOVE TO CONTINUE. UH, ITEM B O A 22. UH, 1 0 3 0 0. UH, WHAT DO WE HAVE TO 1 8 0, UH, UNTIL FEBRUARY 20TH. SECOND. SECOND BY COMMISSIONER MANU. LET'S HAVE, UH, CAN YOU GIMME ONE SECOND, COMMISSIONER? I JUST WANNA VERIFY THAT DATE. OKAY. BY THAT TIME, IT PROBABLY, HOPEFULLY IN PLACE OUT ITSELF THAT, THAT'S A CORRECT DATE. ALL RIGHT. FEBRUARY 20TH. UH, HAVE A ROLL CALL. VOTE WHO SECOND IT. OH. COMMISSIONER MANO CHAIR ORIAN. UH, I VOTE TO ACCEPT MR. MANO. ACCEPT MR. SPILLMAN. ACCEPT MR. ALBERT? I ACCEPT MR. MANCHACA. ACCEPT MR. VASQUEZ. I ACCEPT MS. CRUZ. YES, I ACCEPT MS. LIND. I ACCEPT MS. KAPLAN. I CONCUR. MR. ZUNIGA? YES. AND MR. ZUNA? YES. I CONCUR. YOU HAVE UNTIL FEBRUARY 20TH. PLEASE COME BACK WITH SOMETHING. OKAY? THANK YOU. THANK YOU. SECOND. OKAY. UM, ALRIGHT, UH, COMMISSIONER ZUNA WILL BE STEPPING OUT FOR THE NEXT CASE. UH, WE'LL BE DOWN TO 10. UH, LET'S HEAR ITEM NUMBER FOUR, HE NEEDS SOMETHING. EMERGENCY KIND OF ITEM NUMBER FOUR IS BO OA DASH 22, UH, DASH 1 0 3 0 0 1 97 AT 7 36 EAST MYRTLE STREET. UH, APPLICANT IS NOT LEE. UH, THIS IS A REQUEST FOR SPECIAL EXCEPTION TO ALLOW ONE, UH, TYPE TWO SHORT-TERM RENTAL. UH, SUBJECT PROPERTY IS GENERALLY LOCATED NORTH OF THE DOWNTOWN AREA, NEAR THE SOUTHEAST CORNER OF NORTH ST. MARY'S STREET AND EAST MYRTLE STREET PROPERTY CURRENTLY HAS AN EXISTING SINGLE FAMILY DWELLING AND SURROUNDING USES, OR, UM, INCLUDE SINGLE FAMILY RESIDENTIAL AND NEIGHBORHOOD COMMERCIAL USES. UH, THERE'S CURRENTLY ONE OTHER TYPE TWO SHORT-TERM RENTAL PERMIT ISSUED DOWN THE STREET, UH, FROM THE SUBJECT PROPERTY. AND THIS IS THE ONLY TYPE TWO SHORT-TERM RENTAL PERMIT, UH, ISSUED FOR THE BLOCK FACE. UH, THIS IS THE MAP OF THE SUBJECT PROPERTY, UH, AND YOU CAN SEE THE ONE DOWN THE STREET THAT'S ALREADY BEEN ISSUED. AND THEN THE OTHER ONE'S A TYPE ONE PERMIT, UH, THAT'S ISSUED FURTHER DOWN THE STREET NEXT TO THE INDUSTRIAL PROPERTY. UH, THIS IS THE SITE PLAN OF THE, OF, UH, THE PROPERTY. AND THEN THIS IS THE SUBJECT PROPERTY. THE NEXT FEW SLIDES WILL BE THE SUBJECT PROPERTY. UH, STAFF RECOMMENDS DENIAL OF BO O A DASH 22 DASH 0 3 97 7 BASED ON THE FOLLOWING FINDINGS OF FACT, UH, THAT THERE'S CURRENTLY ONE ACTIVE TYPE TWO, UH, SHORT-TERM RENTAL PERMIT ON THE BLOCK FACE, ALLOWING A SECOND TYPE TWO SHORT-TERM RENTAL WILL EXCEED THE DENSITY MAXIMUM PRESCRIBED BY CODE 32. NOTICES WERE MAILED OUT, ZERO RETURN IN FAVOR. UH, TWO WERE RETURN IN OPPOSITION AND THERE WAS NO RESPONSE FROM THE TOBIN HILL NEIGHBORHOOD ASSOCIATION. UH, THAT CONCLUDES STAFF'S PRESENTATION AND I BELIEVE THE APPLICANT SHOULD BE PRESENT. ALL RIGHT. IF THE APPLICANT COMPLETES, COME FORWARD. HI. HI. MY NAME IS, UH, AND UH, I'M ON 7 3 6 EAST MERLE STREET. AND, UH, TODAY I REQUEST ABOUT THE, UH, EXCEPTION FOR THE AIRBNB. I JUST BOUGHT THE HOUSE IS, UH, WITH, UH, ONE OF MY COUSIN. HE TOLD ME HE, UH, THIS ALLOW FOR AIRBNB AND I DIDN'T KNOW I FIXED EVERYTHING [01:00:01] ALREADY ALLOW. AND WHEN I APPLIED FOR THE AIRBNB AND THEY NOT APPROVE AND THEY SAY I HAVE TO BE EVERY NIGHT HOUSE TO HAVE, UH, ONE AIRBNB. BUT, UM, BUT WHEN I SAW THAT STREET, IT'S LIKE, UH, RIGHT THERE OFFICES WITH ME IS LIKE SEVEN THREE, UH, SIX SEVEN IS MYRLE STREET AND THEN AIRBNB AND ALSO AT 7 5 9 IS MYRLE STREET, ALSO AIRBNB AND 7 4 1. SO THAT'S WHEN IT'S VERY, UH, NEXT TO EACH OTHER AND ONLY ME IS LIKE ON THIS SIDE. SO THAT'S WHY IT'S LIKE, UM, I JUST CALL AND REQUEST, UH, ABOUT LIKE THE EXCEPTION FOR THE ALLOW ME, BECAUSE I DIDN'T KNOW I FIXED EVERYTHING ALREADY AND I JUST BOUGHT IT AND I DON'T KNOW, UM, ALL ABOUT THIS. OKAY. UM, STAFF, HAS ANYONE SIGNED TO SPEAK? THERE'S NO PUBLIC COMMENT. ALRIGHT. ALRIGHT, WE'RE GONNA OPEN THIS UP TO QUESTIONS. ANY QUESTIONS FOR THE APPLICANT? HEARING NONE. SO, UM, YEAH, I, I I DON'T HAVE ANY QUESTIONS. THERE'S ALREADY, THERE'S, YOU SAID THERE'S TWO TYPE ONES ACROSS THE STREET ALREADY? YEAH, IT'S LIKE, UH, ACROSS THE STREET FROM ME, RIGHT IN FRONT OF MY HOUSE. IS THE AUTO LIKE 7 4 1? IS THAT THE, UH, AIRBNB AND THE 7, 6 7 IS AIRBNB AND 7, 5, 9 RIGHT NEXT TO EACH OTHER THAT AN AIRBNB TWO. OKAY. ALRIGHT. UH, AND, AND STAFF, WHAT WAS THE PERCENTAGE IF THIS WERE TO APPROVE BANA? COMMISSIONER ARMANA? SO THE QUESTIONS FOR THE APPLICANT. EXCUSE ME. SO THE, SO HAVE YOU, UH, HAD ANY ATTEMPTS, HAVE YOU TRIED TO DO A, UM, LONG-TERM RENTAL ON THIS PROPERTY? UH, I HAVEN'T TRIED LONG TERM YET, BUT IT'S A LOT OF PEOPLE WE TRY TO DO GO TO AN AIRBNB AND THEY SAY IT'S LIKE MOSTLY SHORT TERM BECAUSE, BECAUSE RIGHT THERE NEXT, UH, CLOSE TO THE, TO THE PARK AND EVERYBODY LIKE TO BE THERE FOUR DAY, FIVE DAY OR SIX DAYS SOMETIME A WEEK. THAT'S ALL THEY WANT TO BE. SO NOBODY WANT TO BE A LONG TERM RIGHT THERE. OKAY. SO IN THE HOUSE, I ALREADY FIX UP EVERYTHING ALREADY. SO STAFF PUT THAT AT 22%. 22%. OKAY. OKAY. WELL, I HAVE NO ADDITIONAL QUESTIONS THERE. ANY OTHER QUESTIONS FROM THE COMMISSION? ALL RIGHT, HEARING NONE, UM, WE'RE GONNA GO AHEAD AND ASK FOR A MOTION CLOSING THE PUBLIC HEARING. YEAH. AND I'M LOOKING FOR A MOTION. OKAY. THANK YOU MANNA COMMISSIONER MANNA REGARDING CASE NUMBER BO A 2 2 1 0 3 0 0 1 9 7. I MOVED THAT THE BOARD OF ADJUSTMENT GRANT A SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO SHORT-TERM RENTAL UNIT SITUATED AT 7 3 6 EAST MYRTLE, APPLICANT BEING NAMM LEE BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY. THE BOARD FINDS THAT THE REQUEST TO OPERATE AN ADDITIONAL SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY OR WELFARE. THERE IS NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY. B, THE SPEC THE SPECIAL EXCEPTION, DOES NOT CREATE A PUBLIC NUISANCE. THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE A PUBLIC NUISANCE WOULD BE CREATED IF AN ADDITIONAL SHORT-TERM RENTAL PERMIT WAS APPROVED. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY STRUCTURES AND COMMERCIAL USES OF VARYING INTENSITY. THIS UNIQUE SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WILL SUBSTANTIALLY INJURE NEIGHBORING PROPERTY AS A TYPE TWO SHORT-TERM RENTAL. D, ADEQUATE UTILITIES ACCESS, ROAD STORM DRAINAGE, RECREATION OPEN SPACE OR THE NECESSARY FACILITIES HAVE BEEN OR BEING PROVIDED. THE SUBJECT PROPERTY PROVIDES OFF STREET PARKING, APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE. E THE APPLICANT OR OWNER FOR THE SPECIAL EXCEPTION DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES. CONFIRM CITATIONS OR EDUCATED, UH, OFFENSES CON CONVICTIONS OF FOR VIOLATIONS OF CHAPTER 16, ARTICLE 12 OF THE CITY CODE WITHIN ONE YEAR. PRIOR TO THE DATE OF THE APPLICATION, THE APPLICANT DOES NOT HAVE ANY HISTORY OF REVOCATION, CITATIONS, OR CONVICTIONS FOR VIOLATIONS OF CHAPTER 16 F. THE SPECIAL EXCEPTION WILL NOT ALTER THE THE CENTRAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH A SPECIAL EXCEPTION IS SOUGHT. THE SUBJECT PROPERTY IS LOCATED IN THE AREA WITH A MIXED, UH, RESIDENTIAL AND COMMERCIAL USES OF VARYING INTENSITY WITH THE PROPERTY OWNER PROVIDING OFF STREET PARKING AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY. THE SPECIAL EXCEPTION DOES [01:05:01] NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION AND A MOTION SECOND BY COMMISSIONER KAPLAN, COMMISSIONER MANNA. SO, UM, UNFORTUNATELY I'M NOT GONNA BE ABLE TO SUPPORT THIS MOTION. UM, SO, UH, UH, FOR A COUPLE OF THINGS. SO ONE, AS I DO LOOK IN THE AREA, AND AS THE APPLICANT MENTIONED, THERE ARE A NUMBER OF SHORT-TERM RENTALS ALREADY AVAILABLE, UH, IN AND AROUND THE IMMEDIATE AREA. UH, THE APPLICANT ALSO INDICATED THAT THEY HADN'T ATTEMPTED REALLY TO DO ANY LONG-TERM RENTALS, WHICH I THINK, YOU KNOW, LOOKING AT THIS AREA, I KNOW THAT, UH, THERE ARE, UH, THAT NEED IS IN THAT AREA AS WELL. UM, UM, ALSO 22% IS A PRETTY LARGE PERCENTAGE FOR A BLOCK FACE. AND I'M GONNA FOLLOW THE CITY'S RECOMMENDATION FOR DENIAL. COMMISSIONER KAPLAN, I AGREE WITH, UH, WITH FELLOW COMMISSIONER. ANY OTHER COMMISSIONS YOU'D LIKE TO ADD AS HAVE A ROLL CALL VOTE PLEASE. MR. MANNA, I DO NOT CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I DO NOT CONCUR. MR. SPIELMAN. I DO NOT CONCUR. MR. ALBERT. I DO NOT CONCUR. MR. MANCHACA. I DO NOT CONCUR. MR. VAZQUEZ. I DO NOT CONCUR. MS. CRUZ. I DO NOT CONCUR. MS. LIND? I DO NOT CONCUR. MR. ZUNIGA. I DO NOT CONCUR. CHAIR ORIAN AND I ALSO DO NOT CONCUR. MOTION FAIL. ZERO TO 10. UM, PLEASE GET WITH STAFF IF YOU HAVE ANY QUESTIONS ABOUT WHAT YOUR NEXT STEPS ARE. SO IS I, UM, SO THAT'S, THAT'S MEAN. LIKE WE ARE NOT ALLOWED TO HAVE THE, AN AIRBNB LIKE THAT. YOU CANNOT HAVE A TYPE TWO. TYPE TWO. YOU CAN DO A TYPE ONE IF YOU RESIDE AT THE HOUSE. YOU CAN STILL DO IT, BUT YOU CANNOT DO IT WHERE YOU DO NOT, THE OWNER DOES NOT RESIDE THERE. MM-HMM. . SO, SO IT'S LIKE THEY SAY, UH, EVERY NIGHT HOUSE TO HAVE ONE AIRBNB. AND HOW COME IT'S LIKE YOU ONLY GET ONE? SO WHAT HAPPENS IS ANSWER QUESTIONS, MA'AM. YEAH, YOU CAN PLEASE GET WITH STAFF. THEY CAN ANSWER ALL THESE QUESTIONS. OKAY. AND, UH, AND GIVE YOU SOME HOPEFUL, SOME GUIDANCE. OKAY. ALL RIGHT. NEXT CASE. ITEM FIVE. THANK YOU. UM, BO 8 22 1 3 0 0 0 7 0 LOCATED AT 1 0 6 VAUGHN PLACE IN COUNCIL DISTRICT NUMBER SEVEN, APPLICANT BEING, UH, CASSANDRA DARTH, UH, REQUEST FOR A THREE FOOT EIGHT FOOT, UH, THREE FOOT EIGHT INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SEPARATE REQUIREMENT TO ALLOW AN ACCESSORY STRUCTURE TO BE, UH, ONE FOOT FOUR FROM THE SIDE PROPERTY LINE. AND THE CURRENT DONING IS R FOUR CD WITH THE CONDITION USE FOR TWO DWELLING UNITS. UH, THE, THE SUBJECT PROPERTY IS CURRENTLY LOCATED IN THE INTERSECTION OF VON PLACE AND LOMA LINDA DRIVE. THIS CURRENTLY HAS TWO DWELLING UNITS ON THE PROPERTY. CODE ENFORCEMENT ISSUED A VIOLATION FOR THE SIDE AND REAR SETBACKS FOR THE ACCESSORY STRUCTURE. THE ACCESSORY STRUCTURE IS LOCATED WITHIN THE MINIMUM REAR SIDE SETBACK REQUIREMENTS OF FIVE FEET. THERE IS AN ALLEY LOCATED BEHIND THE REAR YARD OF THE PROPERTY AND HALF OF THE ALLEY WILL ACCOUNT FOR THE REAR STEPBACK REQUIREMENT. THEREFORE, A VARIANCE WILL NOT BE REQUIRED FOR THE REAR. UM, THE APPROVAL OF THE VARIANCE WILL ALLOW CO PLANS TO CLOSE, CLOSE OUT THE ZONING CASE ASSOCIATED WITH THIS PROPERTY AND THE VARIANCE WILL ALLOW FOR ANY PENDING BUILDING PERMITS TO BE ISSUED. UM, SO THAT'S CURRENTLY A PICTURE OF THE SITE PLAN CURRENTLY WHERE THE HIGHLIGHTED PARTS IS, WHERE THE SETBACK ISSUE IS ARISE, AND AS THE REAR ALSO HAS THE, AS A 15 FOOT WIDE ALLEYWAY. AND THEN THE SIDE IS WHERE THE MAIN SETBACK ISSUE IS. UH, SO THAT IS CURRENTLY A PICTURE OF THE SUBJECT PROPERTY, UM, SOME OF THE OVERHANG OF THING. AND THEN I BELIEVE THE NEXT PICTURE SHOULD BE THE PICTURE FROM THE ALLEY THAT WE WERE ABLE TO GET. AND THEN SOME OF THE SURROUNDING AREAS, UM, FOR THE SIDE SET. SO THE SIDE SETBACK VARIANCE, UM, STAFF RECOMMENDS APPROVAL AND BO O A 22 1 0 3 0 0 0 7 0 BASED ON THE FOLLOWING FINDINGS OF FACT, UH, THE REQUEST IS NOT APPEAR OUT OF CHARACTER. UH, FOR THE AREA. THERE ARE SIMILAR STRUCTURES IN THE SURROUNDING AREA. UM, THERE WILL BE GUTTERS TO, UH, MITIGATE ANY WATER RUNOFF INTO THE BUDDING PROPERTIES. AND THE STRUCTURE IS TWO FOOT TWO FROM THE SIDE PROPERTY LINE AND APPEARS TO HAVE ADEQUATE SPACE. UM, THERE WERE 29 NOTICES SENT OUT. THERE WAS ZERO IN FAVOR AND ZERO IN OPPOSITION, AND THERE WAS NO RESPONSE IN THE MAVERICK HOMEOWNERS ASSOCIATION. UM, THAT CONCLUDES THAT PRESENTATION AND I BELIEVE THE APPLICANT IS PRESENT. OKAY. BEFORE YOU GO, UM, I, I NEED SOME CLARIFICATION ON THIS ONE. SO ON THE AGENDA IT LISTS, UH, UH, THAT THE SIDE STRUCTURE OF THE ACCESSORY IS ONE FOOT FOUR INCHES FROM THE SIDE, BUT ON THE SURVEYED SIDE PLAN, IT SHOWS IT TO BE 28 INCHES. OR IS THAT JUST SOMEONE'S, UH, NOTATION ON THERE? THAT'S NOT FROM THE SURVEYOR BECAUSE THERE'S A, THERE'S A NOTATION OF 28 INCHES AND IT APPEARS TO BE A 10 INCH ON THE REAR. UH, THIS IS THE HIGHLIGHTED PART. ORIGINALLY [01:10:01] THERE WERE ALSO THE REAR, HOWEVER, THEY DID NOT REQUIRE BECAUSE OF THE, UM, THE ALLEY. OH, YEAH, YEAH, NO, I GET THAT. I, I JUST, UH, BUT, BUT ON THAT SURVEY, IT, SOMEONE WROTE IN 28 INCHES, IT LOOKS LIKE THEY, IT WAS A MEASUREMENT AND ON THE REAR THEY WROTE 10 INCHES, WHEREAS WE HEARD THAT, THAT THE STAFF WAS SAYING IT WAS CURRENTLY FIVE FEET FROM THE REAR. UH, THE PICTURE THAT WAS SHOWN, UH, FROM THE, FROM WHERE, WHERE THERE'S A CHAIN LINK FENCE AND THEN THE ALLEY NEXT TO IT, IT DOESN'T LOOK LIKE THE, THE STRUCTURE'S FIVE FEET AWAY FROM THAT FENCE. UM, RIGHT. THE, THE 28 INCHES WAS THE ORIGINAL, UM, ON THE SITE PLAN. UH, HOWEVER, WHEN WE WENT OUT THERE, WE MEASURED IT TO BE LESS, UM, OKAY. TO BE THE, UH, CAN YOU, AS LONG AS YOU FEEL GOOD ABOUT IT. I, I'M, I JUST WANTED TO ASK MANA, COMMISSIONER MANDA. SO, UH, CHRISTOPHER CITY HERE. SO, UM, SO WHAT PROMPTED, I GUESS THE, THE, UM, I GUESS THEM, THEM BEING HERE, UH, IS THE FIRST QUESTION AND SECOND QUESTION. WHEN I LOOK AT THE, UM, THE EVE OF THE BACK PROPERTY, IT LOOKS LIKE IT EXTENDS OVER THE FENCE. SO CAN YOU HAVE YOUR PROPERTY EXTEND OVER YOUR PROPERTY LINE EVEN IF IT'S ABUTTING AN ALLEY? NO. WELL, STAFF IS SAYING THAT IT'S, IT'S, IT'S FIVE FEET WITH AN OVERHANG, BUT THE SURVEY IS SHOWING THAT THE FENCE IS RIGHT ON THE PROPERTY LINE. THAT'S WHAT I WAS QUESTIONING. 'CAUSE IT LOOKED LIKE FROM THAT PICTURE THAT IT WAS WAY LESS THAN FIVE FEET. YEAH, THE PICTURE, WELL, THE PICTURE SHOWS IT LOOKS LIKE FIVE FEET TO THE, TO THE, I GUESS, UH, CONCRETE IN THE PICTURE, I GUESS DEPENDING ON WHERE THE GRASS RIGHT OVERGROWTH IS. BUT THE FENCE LINE SHOWS THAT IT'S, YOU KNOW, SIGNIFICANTLY CLOSER FROM MY PERSPECTIVE AND THAT THE EVE OVERHANGS THE FENCE AND THEN, AND THEN IF YOU FOLLOW THAT FENCE LINE DOWN, THE UTILITY POLE IS ON THE ALLEY SIDE OF THE FENCE. RIGHT. WHICH WOULD MEAN THAT THE FENCE IS, AND THAT WOULD MATCH UP WITH THE SURVEY, THE SURVEY SHOWING THE FENCE TO BE ON THE PROPERTY LINE. SO IF, IF THEY ARE OUTSIDE THE PROPERTY LINE, YOU'RE CORRECT. THEY, THEY CAN'T DO THAT. THEY'RE GONNA HAVE TO CUT THAT DOWN. UM, BUT IT ALSO MEANS THAT THEY, THEY'RE WITHIN, THEY DON'T, THEY GET SEVEN AND A HALF FEET CREDIT FROM THE ALLEY AND THEY'RE SUPPOSED TO BE 10 FEET FROM THE REAR. RIGHT. UH, THIS IS CURRENTLY AN ESSENTIALLY STRUCTURED, SO THEY ONLY NEED FIVE. OH, SO IT'S, OKAY. SO IT'S UNDER, EVEN IF IT'S ON THE PROPERTY LINE, WE'RE STILL LOOKING CORRECT. CORRECT. I JUST WANTED TO MAKE SURE WE'RE OKAY ON THE REAR. YEAH, THE ONLY QUESTION I SAW WAS THE, AND SO, SO I DON'T THINK, YOU KNOW, THAT THEY WOULD NEED TO ADJUST THAT IF, IF TRULY IT IS 10 INCHES. OKAY. AND WITH IT STILL BEING IN PERMITTING, THEY COULD CATCH THE OVERHANG IF THERE WAS AN ISSUE. CORRECT. SO, ALRIGHT, CRUZ, PLEASE CONT UH, COMMISSIONER CRUZ, BEFORE HE GETS OFF THE MIC, I'VE GOT A QUESTION AND I'M SURE MR. MAN ASKED IT, BUT I DIDN'T HEAR AN ANSWER. SO HOW DID WE GET THIS CASE? THIS WAS, UH, CODE ENFORCEMENT, CODE ENFORCEMENT, CODE ENFORCEMENT. BECAUSE OF THE, THE REAR INVESTIGATION OR BECAUSE OF THE SITE? IT WAS THE SIDE IN THE REAR AND THEN WE, UH, CLARIFY WAS TO CODE THE REAR WAS GOOD. UM, SO NOW IT'S ONLY BEING CONSIDERED FOR THE SIDE. OKAY, THANK YOU. BUT DID SOMEONE CALL IT IN OR YEAH. WAS IT A COMPLAINT? I BELIEVE, I BELIEVE THE, THE APPLICANT REZONED THE PROPERTY. UM, AND THEN THAT DREW ATTENTION FROM A NEIGHBOR, IF I REMEMBER CORRECTLY. OKAY. OKAY. UH, PLEASE CONTINUE. OH YEAH. AND, UH, THAT'S JUST ANOTHER PICTURE THAT I, I MANAGED TO PULL UP LAST MINUTE. THAT IS THE STRUCTURE. YOU CAN SEE WHERE THE, THE FENCE IS AT AND WHERE THE SIDE PRIMARILY THE SIDE ISSUE RIGHT THERE. OKAY. THANK YOU. UH, IS THE APPLICANT PRESENT? YOU JUST STATE YOUR NAME AND IT'LL BE IN YOUR PRESENTATION. OKAY. UM, MY NAME'S CASANDRA DARTH. I'M THE OWNER OF 1 0 6 FONS PLACE. I PURCHASED THIS PROPERTY BACK IN FEBRUARY OF THIS YEAR. I, I PURCHASED IT WITH THE DWELLINGS ALREADY IN PLACE AS DWELLINGS. I DIDN'T CONVERT ANY, OH, SORRY. NOT TOO FAR AWAY. SO I PURCHASED IT AS IS. I HAVEN'T DONE ANY PERMITTED WORK, I HAVEN'T DONE ANY RENOVATIONS OR ANYTHING LIKE THAT. THERE WAS THE MAIN STRUCTURE WHICH I LIVE IN, AND THEN THERE'S THE ACCESSORY UNIT, WHICH IS ALREADY IN EXISTENCE AS AN ACCESSORY UNIT. I DIDN'T CONVERT IT OR ANYTHING LIKE THAT. UM, I, TO ANSWER YOUR QUESTION AS FAR AS HOW IT CAME TO YOUR ATTENTION, I THINK IT HAPPENED FROM THE ZONING APPLICATION. I WANTED TO BE ABLE TO SEPARATE THE UTILITIES BETWEEN MY HOME AND THEN MY TENANT AND ALSO HAVE, BE ABLE TO HAVE A SEPARATE MAILBOX, UM, WHICH OPENED, LIKE IT WAS A LOT MORE COMPLICATED THAN I INITIALLY THOUGHT. SO IN THAT PROCESS IT BECAME AWARE THAT THERE WAS THIS SETBACK ISSUE ON THE SIDE. UM, BUT ANYWAY, MY, MY REQUEST FOR THE VARIANCE PRIMARILY IS BECAUSE I AM NOT DOING ANY WORK. I DON'T PLAN TO DO ANY WORK. I PURCHASED IT AS IS AND THE CITY DOCUMENTS SHOW THAT THIS DWELLING HAS BEEN IN PLACE SINCE 1985 AS A LIVING UNIT. SO [01:15:01] I, IT'S LIKE 85, I THINK SO WELL BEFORE I PURCHASED IT, WELL BEFORE I WAS EVEN ALIVE . UM, SO I DON'T, IT WOULD BE A BIG HARDSHIP IF IT WEREN'T TO BE ACCEPTED BECAUSE I DON'T KNOW WHAT I'M SUPPOSED TO DO IN THAT CASE. TEAR AGAIN. DID YOUR ZONING CASE GO THROUGH OR IS IT STILL PENDING? MM-HMM. , THE ZONING CASE HAS BEEN APPROVED. YEAH, BECAUSE YOUR ZONE R FOUR, LIKE ALL THE NEIGHBORS. WHAT WERE YOU BEFORE IT WAS R FOUR AND THEN I BELIEVE IT SHOULD BE NOW R FOUR CONDITIONAL USE FOR TWO, UH, TWO UNITS OR TWO LIVING SPACES. IS THAT THAT'S CORRECT. OKAY. FOR TWO DWELLING UNITS. DID, DID, DID, DID YOU KNOW THAT THEY, UH, I DUNNO IF THIS IS ANY EFFECT OF WHAT YOUR LONG-TERM PLAN WAS, BUT THE, ONE OF THE U D C CHANGES WAS THAT THEY WERE GONNA ALLOW ACCESSORY STRUCTURES THAT HAVE THEIR OWN UTILITY HOTEL. I WAS NOT AWARE OF THAT BEFORE, SO I WENT THROUGH IT ALL FOR NOTHING ESSENTIALLY. OKAY. I WAS GONNA, YES, IT WAS A VERY COSTLY AND STRESSFUL THING THAT, THAT EVENTUALLY WAS MOOT. YEAH, EXACTLY. JANUARY ONE. YEAH. I, YOUR QUESTION, I'M LOOKING AT A PHOTOGRAPH FROM HEAD DOWN. IT LOOKS LIKE THERE'S SOME KIND OF A CONCRETE OR BRICK, UH, PATIO OR SOMETHING, UH, BEHIND YOUR HOUSE. IS THAT TRUE? WHERE, UH, I'M LOOKING ON THE GOOGLE MAPS. I DUNNO IF YOU WANNA PULL THAT UP. I CAN'T. I I, YOU KNOW, YOU CAN'T ALWAYS TELL. OH, LIKE IN MY BACKYARD? YES. SO THERE'S A BRICK PATIO THERE, THERE IS A BRICK PATIO. YEAH. SO THAT I'M LOOKING UP JUST, IS THERE AN ISSUE ABOUT 50% LOT COVERAGE? SO IT'S JUST, IT'S JUST BRICKS IN THE GROUND AND I'M HONESTLY IN THE PROCESS OF RIPPING IT UP TO PUT GRASS IN THERE ANYWAY, SO I DON'T THINK IT, OKAY. OKAY. OKAY. MR. MICKA, UH, I HAVE A QUESTION. UH, THE OVERHANG, WAS IT ALREADY LIKE THAT OR WAS THE ROOF EXTENDED? NOT TO MY KNOWLEDGE AND I HAVEN'T DONE ANYTHING SINCE I PURCHASED THE PROPERTY. IT WAS ALREADY BUILT LIKE THAT WHEN YOU GOT YEAH, I HAVEN'T DONE ANYTHING. THE ONLY THING I'VE DONE IS I HAVE REPLACED THE FENCE. I PUT A NEW FENCE IN PLACE WITH A PERMIT. UM, NOTHING ELSE I'VE DONE TO ALTER THE STRUCTURES. THANK YOU. GREAT. CRUZ. COMMISSIONER CRUZ. UM, I GOT A QUESTION, MA'AM. UH, YOU'RE SAYING THAT THE, UM, WELL, I GUESS I CAN CALL IT AN APARTMENT OR THE BACK, THE BACK AREA. MM-HMM. , YOU'RE RENTING IT OUT? YES. HAS THAT ALWAYS BEEN THAT WAY? YES. YEAH, I SPOKE TO MY NEIGHBOR. IT, IT'S LISTED ON THE BOARD OF, WHAT DO YOU CALL THAT APPRAISAL SITE AS A, UM, A DWELLING UNIT THAT WAS BUILT IN 1985 FOR THE PURPOSES OF LIVING IN IT. IT WAS NEVER A GARAGE OR ANYTHING LIKE THAT. IT WAS ALWAYS BUILT AS AN APARTMENT. UM, AND I SPOKE ALSO TO MY NEIGHBORS, WHO I'M CLOSE WITH ON THE ONE SIDE, AND THEY SAID THAT, AND THEY HAVE BEEN LIVING THERE FOR SEVERAL, LIKE 20 YEARS OR SOMETHING LIKE THAT. AND THEY SAID THAT THERE'S ALWAYS BEEN A TENANT LIVING IN THERE. OKAY. MR. CAMP FOR, FOR THE CITY. UM, QUESTION, WAS THERE A BUILDING PERMIT ISSUED FOR IT? WE COULD NOT FIND ANYTHING. UH, NO BILLING PERMITS. UM, USUALLY THIS KIND OF CASES THAT WE CAN FIND, IT WAS DONE IN NON-CONFORMING FASHION. WE COULDN'T, WE COULDN'T FIND ANY PERMITS OR ANYTHING LIKE THAT FOR THIS BUILDING. AND, UH, DO, DO YOU HAVE, UH, ACCESS FROM THE ALLEY TO THE, TO YOUR TENANT OR DO THEY PARK ON USING YOUR DRIVEWAY? UH, NO, HE USES THE DRIVEWAY, BUT THERE IS A SEPARATE AT THE END OF THAT AISLE, LIKE THE, THE SPACE BETWEEN THE FENCE AND HIS PROPERTY, THERE IS A GATE TOWARDS THE ALLEY. SO THERE HE HAS SEPARATE ACCESS TO THE ALLEY. OKAY. JUST CURIOUS. MM-HMM. . ALL RIGHT. ANY OTHER QUESTIONS? HEARING NONE, UM, NO ONE SIGNED UP TO SPEAK? NO PUBLIC COMMENT. ALL RIGHT. WELL, WHAT WE'RE GONNA DO IS CLOSE THE PUBLIC HEARING AND DELIBERATE AND, UM, SEE HOW IT TURNS OUT. I'M LOOKING FOR A MOTION, PLEASE. ANNA. COMMISSIONER MANN. SO JUST TO CLARIFY, SO I DIDN'T HEAR ANYTHING DIFFERENT FROM WHAT WAS RECOMMENDED FROM THE CITY RECOMMENDATION, CORRECT? OR RIGHT, YEAH. AS ADVERTISED IS WHAT YOU'RE LOOKING FOR. OKAY. REGARDING CASE NUMBER BO 8 2 2 1 0 3 0 0 0 7 0, I MOVED THAT THE BOARD OF ADJUSTMENT GRANTED A REQUEST FOR A THREE FOOT EIGHT INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW ACCESSORY STRUCTURE TO BE ONE FOOT FOUR INCHES FROM THE SIDE PROPERTY LINE SITUATED AT 1 0 6 FAWN PLACE, APPLICANT BEING CASSANDRA DEARTH BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE APPLICANT IS REQUESTING A THREE FOOT EIGHT INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE WITH 10 INCH OVERHANG AND GUTTERS TO BE ONE FOOT FOUR INCHES FROM THE SIDE PROPERTY LINE, WHICH DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST. THE STRUCTURE IS EXISTING AND APPEARS TO PROVIDE ADEQUATE SPACE ALONG THE SIDE PROPERTY LINE TWO, DUE TO SPECIAL CONDITIONS THAT LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP, STAFF FINDS AN UNNECESSARY HARDSHIP DUE TO THE LIMITED SIZE OF THE REAR YARD. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED VARIANCE IS TO ALLOW A STRUCTURE TO BE CLOSER TO THE SIDE PROPERTY LINE DUE TO THE CONFIGURATION OF THE PROPERTY AND THE STRUCTURE BEING EXISTING. THIS WILL OBSERVE THE SPIRIT OF THE ORDINANCE. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE [01:20:01] OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH 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. STAFF DOES NOT FIND EVIDENCE THAT THE REQUESTED VARIANCE WOULD ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. TWO ADDITIONAL PROPERTY IS LOCATED ALONG VAUGHN PLACE. WERE OBSERVED TO HAVE ACCESSORY STRUCTURES WITHIN THE SIDE SETBACK DUE TO THE SIZE OF THE LOTS. THEREFORE, THE REQUESTS WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. SIX SUPPLIED. THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH A PROPERTY IS LOCATED. THE VARIANCE IS SOUGHT DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE SIZE AND LOCATION OF THE LOT. THE VARIANCE OF QUE REQUEST IS NOT MERELY FINANCIAL. AND A MOTION. SECOND. SECOND BY COMMISSIONER CRUZ. COMMISSIONER MANOR. UM, YES, I'LL BE IN SUPPORT OF THIS. UM, YOU KNOW, BEING THAT THE STRUCTURE WAS PRE-EXISTING, UM, AND THEN ALSO, UH, WITH THE CITY RECOMMENDATION. UH, AND JUST AS A NOTE, SO YOU MAY HAVE SOME CONCERNS OR CITY ME ASKING SOME CONCERNS WITH THE OVERHANG ON THE BACK, WHICH IS KIND OF OUTSIDE OF THE PURVIEW OF THIS. BUT, UH, JUST AS A HEADS UP, SO I'LL BE VOTING IN FAVOR. COMMISSIONER CRUZ? YEAH. YES, I CONCUR WITH MY COLLEAGUE. AND, UH, I WILL GO AHEAD AND, UH, AGREE WITH THIS. THANK YOU. ALL RIGHT. ANYONE ELSE LIKE TO ADD HEARING THAT UNLESS SEVERAL CALL VOTE. MR. MANNA? I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ? YES, I CONCUR. MR. SPELLMAN. I CONCUR. MR. ALBERT I CONCUR. MR. MANCHACA I CONCUR. MR. VASQUEZ. I CONCUR. MS. LIND I CONCUR. MS. KAPLAN I CONCUR. MR. ZUNIGA? I CONCUR. MR. A ZUNA? YES, I CONCUR. CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. UH, NEXT CASE. UM, BO O 8 2 2 1 0 3 0 0 1 7 1 LOCATED AT 1602 NORTH INTERSTATE HIGHWAY 35 IN COUNSEL. DISTRICT NUMBER TWO. UM, APPLICANT BEING, UH, 180 SOLAR. UH, REQUEST FOR A ONE FOOT EIGHT INCH VARIANCE FROM THE FIVE FOOT MINIMUM SIDE CHECK. UH, IT SHOULD BE REAR SIDE, REAR PROPERTY SETBACK TO ALLOW THE CARPORT TO BE TWO FEET 10 INCHES OF OVERHANG TO BE THREE FOOT FOUR FROM THE REAR PROPERTY LINE. UM, CURRENTLY ZONING C TWO, UH, COMMERCIAL DISTRICT. IS IT SIX INCH VARIANCE? I THINK I PUT THAT WRONG ONE. YES, IT'S WHATEVER IT'S ADVERTISED IS CORRECT. OKAY, SO SIX INCH VARIANCE TO THE FOUR FOOT SIX. YEAH, THAT'S THE RIGHT ONE. FOUR FOOT SIX VARIANCE ALLOWS SIX INCHES FROM THE SIDE. YES. OKAY. REAR, UH, THE APPLICANT'S PROPOSED TO CONSTRUCT A CARPORT WITH SOLAR PANELS, UM, ATTACHED TO THE ROOF. UM, THE NEIGHBORING PROPERTY IS A SINGLE FAMILY DWELLING ZONE, C TWO COMMERCIAL, UM, PROTECTION 35 5 16 G. THE SIDE SETBACK FOR AN ACCESSORY STRUCTURE IS FIVE FOOT OR AND REAR SETBACK FOR SECTION FOOT. UM, SINCE IT'S NOT IN A RESIDENTIAL DISTRICT, UH, THE SETBACK CANNOT BE REDUCED, CAN BE, NOT BE REDUCED WITH TWO, THREE FEET WITH NO OVERHANG PAST IT. UM, SO THAT IS CURRENTLY THE SITE PLAN. UM, I KIND OF HIGHLIGHTED THE AREAS KIND OF WHERE IT WOULD BE. UM, THE SETBACK IS THE ISSUE IS, UM, IT WOULD BE A BETTER ENHANCED VERSION WOULD BE THE TOP LEFT CORNER. AND, UM, WHERE THAT'S COMING OUT OF IS WHERE IT'S ON THE BOTTOM RIGHT CORNER OF THAT SITE PLAN, UH, WOULD BE KIND OF ALONG THAT REAR END THERE. UH, SO THAT'S THE FRONT OF THE SUBJECT PROPERTY. UM, THE SIDE OF IT GOING TOWARDS THE REAR, UH, MORE OVER THE REAR OF THE PROPERTY. AND THIS IS WHERE EVERYTHING IS HAPPENING. UH, SO THAT'S WHERE THE PROPOSED CARPORT IS GONNA BE KIND OF LOCATED, KINDA THAT GENERAL AREA THERE. UH, SURROUNDING AREAS AND INDUSTRIAL ZONE PROPERTY ACROSS THE STREET, AND THEN RESIDENTIAL AND ACROSS THE STREET AS WELL. UH, STAFF RECOMMENDS APPROVAL IN BO O 8 2 2 1 0 3 0 0 1 7 1. AND BASED ON THE FOLLOWING, FINDING OF FACT, UM, THERE APPEARS TO BE, UH, NO ISSUES FOR WATER RUNOFF AND THE STRUCTURE WILL NOT NEGATIVELY AFFECT NEIGHBORING PROPERTIES. UH, THERE WERE 20 NOTICES SENT OUT. THERE WAS ZERO IN FAVOR, ZERO IN OPPOSITION, AND THERE WAS NO RESPONSE FROM GOVERNMENT HILL. UH, NEIGHBORHOOD ASSOCIATION. UH, THAT CONCLUDES STAFF PRESENTATION AND THE APPLICANT IS PRESENT. ALL RIGHT. PLEASE COME FORWARD. [01:25:01] HOW'S IT GOING? GOOD AFTERNOON. UH, MY NAME IS PATRICK ATWATER AND I'M WITH 180 SOLAR AND WE'RE THE ONES DEVELOPING AND CONSTRUCTING THE SOLAR CANOPY. UM, AND ESSENTIALLY IT'S JUST, WE'RE TRYING TO COVER THOSE PARKING SPOTS AND THE PARKING SPOTS GO RIGHT UP TO THE PROPERTY LINE. SO WE WANT THE, UH, THE STRUCTURE TO ALSO MEET WHERE THE PARKING IS, UM, TO COVER THE PARKING. SO SOUNDS SIMPLE ENOUGH. YEAH. . UM, I'M, I'LL GO AHEAD AND START ASKING SOME QUESTIONS. UH, IT IS THE CARPORT AND, AND THE PARKING IS, IS ANYTHING THERE EXISTING? UH, NO. NOTHING THERE IS EXISTING. IT'S A BRAND NEW PARKING LOT. SO THE DRIVEWAY APRON THAT GOES ONTO BROOKS, THAT'S NEW TO, SORRY, SAY THAT AGAIN? UH, THE DRIVEWAY APRON THAT GOES ONTO BROOKS, IT'S ALL BRAND NEW AS WELL. IT'S ALL BRAND NEW. YEAH. AND THEY'RE BUILDING, UM, ARE, THEY'RE ADDING THE, UH, WALKWAY THERE TOO. SO THERE'S GONNA BE A SIDEWALK. SO IT'S, IT'S PARKING LOT SIDEWALK. AND THEN THE STREET. SO THE, THE SMALL, THE, THE AERIAL DEPICTS LIKE WHAT LOOKS LIKE A SMALL ACCESSORY ACCESSORY OR A SMALL BUILDING THERE IN THE VICINITY OF WHERE YOU'RE DOING IT, THAT'S GO, THAT'S GONNA LOOK, YEAH, I THINK, UM, I THINK, I DUNNO IF YOU CAN GO BACK TO THAT PHOTO. I THINK THAT THAT WAS JUST A TEMPORARY STRUCTURE THAT IS, UH, YEAH, THAT ONE'S GETTING REMOVED. I THINK THAT WAS JUST A TEMPORARY WORK STRUCTURE. OKAY. AND, UH, I, I NOTICED THAT ALONG BROOKS, THERE'S AN OVERHEAD ELECTRIC. YEP. OKAY. DOES, IS, IS THERE ANY, UM, UM, EASEMENTS THAT ARE ALONG THE BROOK PROPERTY LINE? I, I BELIEVE SO. AND I KNOW WE'RE WORKING WITH C P S ON THE EASEMENTS, UH, THERE, SO. OKAY. 'CAUSE THAT'S, I MEAN, YOU'RE BUILDING SIX INCHES OFF AND YOU'VE GOT OVERHEAD, I THINK, I DUNNO IF THAT'S SEC, UH, THREE PHASE OR SINGLE PHASE. IT LOOKS LIKE IT MIGHT BE. I THINK IT'S SINGLE PHASE. YEAH, IT LOOKS LIKE IT'S SINGLE PHASE WITH A STREET LIGHT. OKAY. AND, UH, THAT THIS, OKAY, I, I, I BETTER UNDERSTAND WHAT'S GOING ON. IS THERE ANY OTHER QUESTIONS FROM THE COMMISSION? AND YOU ARE IN THE, CURRENTLY IN THE PERMITTING PROCESS? THAT'S RIGHT. YEP. OKAY. 'CAUSE AND I'M JUST GONNA TELL YOU LIKE WHETHER OR NOT C P S APPROVES THIS. I, I MEAN, I KNOW IT'S BETWEEN YOU AND THEM, BUT IT IS, IT IS IMPORTANT TO ME WHETHER OR NOT WE'RE, WE'RE GIVING YOU PERMISSION TO DO THAT SORT OF THING, RIGHT? YEAH. IS YOU HAVE A HOLD ON YOUR PERMIT PENDING A C P S ENCROACHMENT AGREEMENT? UM, I'M NOT SURE WHERE IT STANDS RIGHT NOW. I KNOW WE'RE JUST GOING THROUGH THAT PERMITTING PROCESS AND THEY BROUGHT UP THAT WE WOULD NEED A VARIANCE, SO WE WANTED TO MAKE SURE WE CAN GET THAT. THE CITY BROUGHT THAT UP. YEAH, THE CITY BROUGHT, BROUGHT THAT UP. THE ONLY A VARIANCE FROM US, NOT FROM C P SS. UM, WELL, SORRY FOR JUST THE ENCROACHMENT FOR THIS PART. AND THEN I, I'M NOT SURE WHERE WE STAND WITH C P SS RIGHT NOW. OKAY. HAS ANYONE SIGNED TO SPEAK ANY, UH, NO PUBLIC COMMENT. OKAY. AND THIS, THIS IS JUST AN EXAMPLE OF WHAT IT WOULD LOOK LIKE, UM, BUT FOR A SIMILAR SITE STAFF, CAN YOU, IS THERE ANY WAY YOU CAN PULL UP THIS, THIS AP NUMBER TO SEE IF THERE IS, UH, A HOLD? UM, IT'LL EITHER PROBABLY BE ON THE BUILDING REVIEW IF THEY WANT AN ENCOURAGEMENT AGREEMENT FROM C P S, BECAUSE THAT, THAT KIND OF MATTERS TO ME. AND THEN ALSO COMMISSIONER KAPLAN. YEAH. JUST A QUESTION ABOUT THE, THE SOLAR ARRAY. SO BASICALLY LOOKS AT LIKE, IT'S MORE LIKE A SOLAR ARRAY, WHICH YOU JUST HAPPEN TO BE USING AS A CARPORT. THAT'S RIGHT. YEAH. SO IT'S TECHNICALLY A SOLAR SUPPORT STRUCTURE THAT IS A, A CARPORT. SO THE ROOF ITSELF ARE THE SOLAR PANELS MANANA, COMMISSIONER MANNA. SO ONE QUESTION HERE FOR THE CARPORT. SO GENERALLY WE TALK ABOUT THE BEAMS BEING THE MEASURING POINT FOR THE STRUCTURE WITH OVERHANG. AND SO, UM, SO SO WHAT IS THE PERMITTED OVERHANG ON, UM, I GUESS ON A, UH, FROM A FLOOR, FROM A FLOOR BEAM GOING UP. SO HOW FAR CAN YOU OVERHANG FROM THAT? 'CAUSE REALLY, SHOULDN'T THAT BE WHAT WE'RE ASKING FOR FROM A VARIANCE? YEAH. DOES, DOES A COMMERCIAL CARPORT WITH WHERE YOU HAVE A BEAM AND AN ALLOWANCE OF FIVE FEET, DOES THAT CARRY THE SAME AS RESIDENTIAL OR IS THERE NO, IT, IT DOES NOT. THAT'S ONLY FOR RESIDENTIAL. IT'S ONLY FOR RESIDENTIAL. SO NO PART CAN BE WITHIN FIVE FEET. OKAY. THANK YOU. THERE'S ANY OTHER QUESTIONS? I'M JUST WAITING FOR EVEN CHAKA COMMISSIONER MIN CHAKA. I JUST HAD ONE SIR. IF YOU'RE GONNA ATTACH THE SOLAR PANELS, HOW BIG IS THIS THING GONNA BE? HOW HIGH? UM, I BELIEVE THE BOTTOM CLEARANCE IS EIGHT FEET AND THEN IT GOES UP FROM THERE AT AN ANGLE, ABOUT A FIVE DEGREE ANGLE. UM, SO I THINK, YOU KNOW, SOMEWHERE AROUND 10 FEET TALL AT THE HIGH END, MAYBE A LITTLE LESS. AND I THINK WE TALKED ABOUT THE PITCH THAT THE WATER RUNOFF IS GONNA BE WITHIN THE CONCRETE AREA OF THE PAVED AREA. YEAH, THAT'S RIGHT. YEP. LET'S SEE. [01:30:05] YOU WOULDN'T HAPPEN TO HAVE YOUR PERMIT APPLICATION NUMBER, WOULD YOU, SIR? UM, LET ME SEE IF WE CAN, IT, IT LOOKS LIKE WE'VE BEEN GOING THROUGH AND HAVING CONVERSATIONS, BUT IT HAS NOT BEEN SUBMITTED YET, SO, OH, IT HAS NOT BEEN SUBMITTED. HAS NOT BEEN SUBMITTED YET. I JUST GOT THAT CONFIRMATION. OKAY. YEAH, THEN I, ON COMMERCIAL PROJECTS, I MEAN, THE CITY IS REALLY GOOD ABOUT ASKING FOR IT. I JUST WANNA MAKE SURE THEY ARE RIGHT. YEAH, IT'S, IT'S JUST SOMETHING THAT MATTERS TO ME. I DON'T KNOW WHAT THE REST OF THE COMMISSION THINKS ABOUT THAT, BUT, UH, ABOUT WHETHER OR NOT THEY GET AN OBTAIN A C P SS ENCROACHMENT AGREEMENT. 'CAUSE THEY HAVE AN EASEMENT THAT RUNS ALONG BROOK STREET WHERE THIS ITEM'S GOING. I MEAN, IS IT A PLANTED EASEMENT? DO YOU KNOW THAT? I DON'T KNOW EITHER. OKAY. WOULDN'T IT, WOULDN'T THIS VARIOUS BE A WHOLE OTHER THING IF THEY COULD GET AN AGREEMENT FROM CCPS? YEAH, IT WOULD BE, EXCEPT THAT SOMETIMES IF IT'S NOT A PLANTED EASEMENT AND IT WAS DONE BY SEPARATE INSTRUMENT, THERE'S INSTANCES WHERE THE CITY WILL NOT ASK FOR IT. MM-HMM. NO, NO, NO, NO. THEN THE EXPERIENCE, I'M JUST SAYING THAT THE CITY MAY NOT, MAY NOT, UH, HAVE, MAY NOT TRIGGER THE REQUEST. IF THEY SEE IT ON A PLAT, THEN THEY'LL, THEY'LL SAY, WE'RE NOT GONNA GIVE YOU THIS BUILDING PERMIT PROPOSING THIS WITHIN A CPS EASEMENT UNLESS YOU GET AN ENCROACHMENT AGREEMENT. BUT IF IT'S NOT A PLATTED EASEMENT AND IT WAS DONE BY SEPARATE INSTRUMENT OR THEY MAY, MAY NOT BE AN EASEMENT AT ALL. AND THAT, YOU KNOW, I DON'T KNOW THAT EITHER, BUT OKAY. JUST GETTING BACK TO WHAT YOU ALWAYS TELL ME, WE'RE, WE'RE JUST, HE'S JUST ASKING FOR VARIANCE FROM US. SO, BUT WE'RE ALSO HERE TO REVIEW, WE CAN'T GRANT A VARIANCE. ONE OF THE CHARGES IS THAT IT'S, THERE'S, THERE'S NO HINDRANCE OF THE PUBLIC SAFETY. RIGHT. AND SO WHAT DOES THAT MEAN TO A COMMISSIONER? SO TO ME IT MEANS BUILDING SIX INCHES AWAY FROM OVERHEAD ELECTRIC LINES MEANS SOME, THAT'S A SAFETY THING TO ME. IT CERTAINLY VIOLATES THE ELECTRIC CODE . YEAH, I KNOW. AND BECAUSE IT'S A SOLAR ARRAY, WE GO THROUGH AN EXTENSIVE INTERCONNECTION APPLICATION PROCESS WITH C P SS WHERE THEY DO REVIEW THE SITE MAP AND THEY DO REVIEW ALL THE DETAILS OF THE SOLAR PROJECT. SO IT'S NOT, THEY'RE, THEY'RE HEAVILY INVOLVED IN THE APPROVAL PROCESS. THAT'S THE ONE THING THAT'S MAKING ME FEEL BETTER ABOUT IT. YEAH. UH, COMMISSIONER MANNA. SO CAN THE APPLICATION, UH, APPLICANT MODIFY THE APPLICANT APPLICATIONS SUCH THAT IT DOES INDICATE THAT THAT'S GONNA BE PERFORMED? WE CAN'T PUT CONDITIONS ON IT. THAT'S THE PROBLEM. OKAY. YEAH. YEAH. IT'S, IT'S, OH, SORRY. YOU SAID CCPS IS REVIEWING IT? YEAH. BE, UM, BECAUSE IT'S A DISTRIBUTED GENERATION SOURCE, UH, IT'S, IT'S A, IT'S MORE OF A PROCESS WITH CCPS THAN IT IS WITH THE CITY, FRANKLY. SO, UM, WE BECOME AN INTERCONNECTED POWER PLANT WITH CCP S WHEN WILL C P S FINISH THE REVIEW AND SAY, YEAH, IT'S PERFECTLY FINE. I USUALLY, THEY'RE PRETTY QUICK. PROBABLY IN A COUPLE WEEKS WE WOULD HAVE IT WITH C P S. YEAH. THE ISSUE IS, IS THAT IF THEY DON'T DO THE SOLAR, THEY WE'RE GIVING THEM A VARIANCE FOR THE CARPORT, NOT THE SOLAR. AND SO LIKE A C P S REJECTS IT, THEN THEY JUST DON'T BUILD THE SOLAR, THEN THEY STILL BUILD THE CARPORT. AND IT'S STILL THE SAME PROBLEM HAVING BEFORE. WELL, SO MS. MS. KAPLAN, CAN YOU PLEASE USE YOUR MICROPHONE SO WE CAN HEAR YOU? SO IF, IF, UH, C P SS DOES THE REVIEW WITHIN TWO WEEKS, SHOULD WE DO A CONTINUANCE? NO, BECAUSE IT'S WAITING FOR IT. THERE'S NO GUARANTEE THAT THEY'LL EVER INITIATE A REVIEW. THE, THE CITY WILL NORMALLY WANT IT. IF IT'S A PLATTED EASEMENT, THEY'LL SEE IT ON A PLAT WHEN YOU TURN THAT IN, IF IT'S DONE BY SEPARATE INSTRUMENT, THEY MAY NEVER KNOW ABOUT IT. SO THEY MAY NEVER BE A TRIGGER FOR THEM TO ASK FOR IT. BUT I THOUGHT WE'RE TALKING ABOUT C P S REVIEWING C PS. HE SAYS C P SS IS REVIEWING, REVIEWING THE SOLAR, BUT WE'RE HERE TO, WE'RE HERE TO APPROVE THE CARPORT, NOT THE SOLAR. WELL, LET'S, LET'S, MY ISSUE WAS, WAS HOW CLOSE IT IS TO C P S P SS. YEAH. MY QUESTION IS THAT YOU'RE BUILDING A METAL CARPORT SIX INCHES AWAY FROM AN ESTABLISHED OVERHEAD POWER LINE. MM-HMM. SO THE ELECTRIC CODE SAYS YOU CAN'T BUILD ITEMS WITHIN 10 FEET OF, OF THE, OF THE PRIMARY. AND SO, I SEE. SO IT COULD BE A, IT COULD BE A, IT COULD BE A LIFE SAFETY ISSUE. HOWEVER, THE TRIGGER FOR THE CITY TO ASK FOR IT DURING THE BUILDING PERMIT RESU REVIEW IS IF THEY KNOW THAT THERE'S AN EASEMENT VIOLATION CHAIR ORIAN. YES. WE'RE MORE THAN HAPPY TO PUT THAT NOTATION INTO BILL BUILD SA AS SOON AS THEY SUBMIT THEIR APPLICATION. THAT MAKES ME FEEL BETTER. ALL RIGHT. LEMME JUST, I'M SORRY. SHE'LL PUT A NOTATION IN TO BUILD SA. OKAY. AND THEN SHOULD WE DO A CONTINUUM? NO, I DON'T THINK SO. 'CAUSE THE NOTE WILL BE THERE. THE NOTE WILL BE THERE. [01:35:01] SO I'M LOOKING FOR A MOTION THEN I HAVE A QUESTION. YES. COMMISSIONER MANCHACA, UH, THIS SIDELINE QUESTION. WHAT IS THE LIFE OF THE SOLAR PANEL NOW? HAS IT BEEN? THAT'S A GOOD QUESTION. UM, SO THEY'RE WARRANTIED FOR 30 YEARS AND AT THE END OF THAT 30 YEAR PERIOD, THEY'LL STILL PRODUCE AT LEAST 80% OF WHAT THEY WERE THE FIRST DAY THEY WERE INSTALLED. SO WE REALLY SEE THESE AS LIKE 40, 50 PLUS YEAR PIECES OF PROPERTY. SO THE R O I IS GONNA BE PRETTY GOOD FOR YOU GUYS. IT'S GONNA BE GREAT. YEAH. AWESOME. IT'S A SMART DECISION. YEAH. ANY OTHER COMMISSIONER? UH, QUESTIONS? NOTHING. ALL RIGHT. LOOKING FOR A MOTION. MANNA COMMISSIONER MANNA REGARDING CASE NUMBER BO 8 2 2 1 0 3 0 0 1 7 1. I MOVED THAT THE BOARD OF ADJUSTMENT GRANTER REQUEST FOR A FOUR FOOT SIX INCH VARIANCE FROM THE FIVE FOOT MINIMUM SIDE PROPERTY SETBACK TO ALLOW ATTACHED CARPORT TO BE SINKS FROM THEIR REAR PROPERTY LINE SITUATED AT 1602 NORTH INTERSTATE HIGHWAY 35, APEN BEING 180 SOLAR. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY, UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THE REQUESTED VARIANCE WILL NOT BE CONTRARY TO THE PUBLIC'S INTEREST AS A CARPORT WILL CONTAIN SUFFICIENT SPACE AS THE REAR PROPERTY IS ON A RIGHT OF WAY. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP WITH, WITHOUT THE VARIANCE BEING GRANTED. THE APPLICANT HA HAVING TO POSSIBLY POSTPONE DEVELOPMENT OR ADAPT THE PLANS TO MEET A FIVE FOOT SIDE SETBACK REQUIREMENT. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE VARIANCE FOR THE CARPORT SETBACK WILL NOT ADVERSELY AFFECT SURROUNDING PROPERTIES IN THE IMMEDIATE AREA AND IS MINIMAL CHANCE OF WATER RUNOFF. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THAT VARIANCE IS LOCATED. NO USES OTHER THAN THOSE USES ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE CARPORT WILL HAVE ENOUGH SPACE AWAY FROM THE ADJACENT PROPERTY LINE IS LIKELY TO NOT NEGATIVELY AFFECT THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IT APPEARS THAT THE APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE ORIENTATION OF THE LAW. THE VARIANCE REQUEST IS NOT MERELY FINANCIAL AND OF MOTION. SECOND. SECOND BY COMMISSIONER CRUZ. COMMISSIONER MANON. SO I'LL BE VOTING IN FAVOR OF THIS. I AGREE WITH THE CITY'S POSITION. AND THEN I THINK, UH, WITH THE CONFIRMATION, UH, OF GETTING ALONG WITH, UH, 70, THIS TWO C P S FOR THEIR FOLLOW-UP IS GOOD. AND, UM, AS ONE OF THE EARLY ADOPTERS OF SOLAR IN THE CITY OF SAN ANTONIO, I DO AGREE THAT IT IS A GOOD RETURN ON INVESTMENT. I'VE RECOUPED MINE INVESTMENT ALREADY, SO THANK YOU. COMMISSIONER CRUZ. I CONCUR WITH MR. MANA. YES. UM, I HAVE SOLAR PANELS ALSO. THEY'RE GREAT. SO THANK YOU VERY MUCH. ALRIGHT. ANYONE ELSE LIKE TO ADD? HEARING NONE. LET'S HAVE A ROLL CALL. VOTE MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ? YES, I CONCUR. MR. SPIELMAN. I CONCUR. MR. ALBERT. I CONCUR. MR. MANCHACA? I CONCUR. MR. VAZQUEZ? I CONCUR. MR. LYNN? I CONCUR. OR MS. LYNN? UH, MS. KAPLAN? I CONCUR. UH, ZUNIGA I CONCUR WITH FINE BACK. MR. OONA? YES, I CONCUR. CHAIR ORIAN. I ALSO CONCUR THE FINDINGS OF FACT MOTION PASSAGE AND ABSENTLY. CONGRATULATIONS. THANKS EVERYBODY. MM-HMM. , IF THE CHAIR, UM, CAN CONSIDER NUMBER 16. UM, IT'S A APPLICANT. YEAH. LET'S MOVE 16 UP. YOU HAD MENTIONED THAT TO ME BEFORE. 16 IS BO A 2 2 1 0 3 0 0 2 4 2. ADDRESS BEING 2 3 6 4 EAST SOUTH CROSS BOULEVARD COUNCIL DISTRICT THREE APPLICANT BEING KAREN EASTERLING. A REQUEST FOR A TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT FENCE HEIGHT [01:40:01] TO ALLOW A PRIVACY FENCE TO BE EIGHT FOOT IN THE REAR AREA OF THE PROPERTY. THE CURRENT ZONING IS C TWO. THE SUBJECT PROPERTY IS LOCATED ALONG EAST SOUTH CROSS BOULEVARD NEAR THE NEAR INTERSTATE HIGHWAY 37. AND THERE IS CURRENTLY A COMMERCIAL BUILDING ON THE PROPERTY. THE APPLICANT IS PROPOSING TO CONSTRUCT AN EIGHT FOOT PRIVACY FENCE WITH GATE IN THE REAR OF THE PROPERTY. UPON SITE VISITS CONDUCTED BY STAFF, THE PROPOSED PRIVACY FENCE WOULD COVER A WIDTH OF FIVE FEET TO PROVIDE ADDITIONAL SECURITY FOR THE UTILITY METERS IN THE REAR. THE MAXIMUM HIGH PERMITTED FOR A PRIVACY FENCE IN THE REAR YARD IS SIX FOOT AND NO ELEVATION CHANGES WERE FOUND ON THE SUBJECT PROPERTY. HERE'S THE SITE PLAN, THE SUBJECT PROPERTY, THE LOCATION OF THE PROPOSED FENCE AND THE SURROUNDING AREAS. RECOMMENDATION STAFF RECOMMENDS APPROVAL IN BO A 2 2 1 0 3 0 0 2 4 2 BASED ON THE FOLLOWING FINDINGS OF FACT, THE EIGHT FOOT FENCE WILL ADD ADDITIONAL SECURITY AND PRIVACY TO THE SUBJECT PROPERTY AND IMMEDIATE AREA. AND TWO, THE FENCE WILL BE IN THE REAR YARD. AND HERE'S THE NOTIFICATION PLAN. STAFF MAILED OUT 14 NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION. AND, UM, NO RESPONSE FROM THE NEIGHBORHOOD ASSOCIATION. UH, THEY NEED A VARIANCE TO BLOCK OFF THE ELECTRIC, UH, METERS. THEY NEED THE VARIANCE FOR A FENCE TO BE EIGHT FEET TALL. IT, IT'S LIKE A MECHANICAL SPACE. I'M, I'M SORRY, THAT'S NOT AN EXCEPTION. I MEAN AN EXCEPTION. SPECIAL EXCEPTION FOR AN EIGHT FOOT FENCE. WE, WE'VE LOOKED AT THE CODE TO TRY TO AVOID THIS, BUT WE COULDN'T FIND ANYTHING THAT, OH, OKAY. ALRIGHT. AS I ASSUME THERE'S NO, UH, VOICEMAILS OR ANYONE SIGNED UP TO SPEAK? NO PUBLIC COMMENT. OKAY. IS THE APPLICANT PRESENT? THIS CONCLUDES THAT PRESENTATION AND THE APPLICANT IS PRESENT. THANK YOU. IS THE A IS THE APPLICANT, UH, HERE? I'M HERE. OH, YOU COME ON. COME ON UP. HELLO. I APOLOGIZE. I STEPPED OUT FOR JUST A MOMENT. . IT ALWAYS HAPPENS. SO, UM, THERE ARE A FEW THINGS I DID WANT TO, UM, I DID WANT TO ADD TO THIS. UM, WE DO STRONGLY FEEL THAT RAISING THE HEIGHT OF THE FENCE WOULD, UH, WOULD HELP DETER, UM, UN UNWANTED VISITORS. AND, UH, WE DO HAVE, UH, HOMELESS THERE DURING THE DAY AND THE NIGHT. IT'S NOT JUST THE NIGHT. AND, UM, THERE ARE TWO NEW BUSINESSES GOING IN THIS NEXT YEAR. UH, A LAUNDROMAT AND A, UM, A SMOKE SHOP THAT WILL HAVE HOURS THAT GO WELL INTO THE NIGHT. I KNOW THE LAUNDROMAT, EXCUSE ME, THE LAUNDROMAT IS GOING TO BE OPEN UNTIL 11:00 PM AT NIGHT. SO THAT'S A CONCERN. THERE IS A CONCERN THAT OTHER THINGS ARE HAPPENING IN THIS AREA THAT WE DON'T NECESSARILY HAVE EVIDENCE OF. WE DO HAVE EVIDENCE OF PEOPLE USING IT FOR A RESTROOM. AND OF COURSE, TRASH IS A VERY SMALL AREA. WE'RE ONLY ASKING FOR FIVE FEET WIDE. AND THE MAILBOXES FOR THE WHOLE CENTER ARE LOCATED VERY NEAR THIS AREA AS WELL. AND YOU CAN IMAGINE WITH THE SMELL AND THE AESTHETICS. YEAH. AND THE PERCEIVED OR REAL SECURITY CONCERNS, UM, ARE HARDSHIP FOR THE TENANTS AND THE, UH, THEIR CLIENTS AND THE LANDLORD. SO JUST A QUICK QUESTION. IS THERE ANYTHING IN THERE BE OF, OF, OF PERMANENCE OTHER THAN THE ELECTRICAL METERS? NO. OKAY. THERE'S NO EXIT DOORS, THERE'S NO, IT'S, IT'S JUST A SMALL LITTLE DEAD END ALLEYWAY. I ASSUME ALL YOUR METERS BEEN UPGRADED TO THE WIFI ONES THAT THEY THEY DID MANY YEARS AGO? I BELIEVE SO, YES. OKAY. AND C P SS DOESN'T HAVE AN ISSUE WITH ACCESS OR ANY NO, WE'VE ALREADY CONTACTED THEM ABOUT THE SITUATION AND THEY'RE VERY WILLING TO, UH, WORK WITH US ON THE GATE AND ACCESS INTO THE GATE. SURE. ALL RIGHT, THANK YOU. IS THERE ANY COMMISSIONER QUESTIONS? ANY QUESTIONS? MANA? COMMISSIONER MANNA? SO, SO MY ASSUMPTION, LOOKING AT THE, UH, THE RED LINE THERE IS, IT'S GONNA BE A FENCE THAT GOES BASICALLY FROM ONE FACADE TO THE OTHER FACADE. IT'S NOT GONNA EXTEND [01:45:01] OUT AT ALL, CORRECT? YES, SIR. IT'S FIVE FEET AND IT, IT WOULD ALIGN WITH THE, WITH THE FRONT OF, OF THE WALL THERE. JUST THAT, WHERE THAT RED LINE IS. AND THIS COULD BE PREDOMINANTLY OPEN FENCE, THEN CHAIN LINK FENCE OR, UH, OR SOLID SCREEN. THE LANDLORD WANTS TO DO A METAL PICKET FENCE. METAL PICKET. OKAY. YES. MM-HMM. . UM, AND SO THEY'LL NEED TO ENSURE OF COURSE, THAT THE, THAT THE TOPS AND BOTTOMS ARE SAFE FOR, SO IT WON'T HURT ANYBODY. RIGHT. SO, SO WE NEED TO ENSURE THAT I GUESS THE SAFETY OF ANYBODY AROUND THAT AREA WOULD NEED TO BE OBSERVED. OKAY. SO, OKAY. OKAY. YEAH. THIS, OKAY. UM, I HAVE NOTHING FURTHER. IS THERE ANY OTHER QUESTIONS? UM, IS THERE ANYTHING YOU'D LIKE? I'M, I'M JUST, UH, FOR STAFF, UH, I'M JUST SURPRISED THIS LOOKS LIKE THIS, THIS FENCE IS RIGHT ON THEIR PROPERTY AND IT'S LIKE ATTACHED TO A BUILDING. I'M SURPRISED THAT THAT IS AN ISSUE THAT WE HAVE TO ADDRESS. SOUNDS LIKE SOMETHING FOR A U D C AMENDMENT IN FIVE YEARS. I, I PROMISE WE WE'RE LOOKING TO TRY TO AVOID THIS AS MUCH AS YOU ARE . OKAY. YEAH. IT DOESN'T SOUND LIKE A HALF A HALF FENCE . YEAH. SO WITH, WITH THAT, WE'RE, WE'RE LOOKING FOR A MOTION, JUST WHOEVER READS IT, CAN YOU, CAN YOU PLEASE SPECIFY THAT IT'S FIVE FEET BY EIGHT FEET AND IT'S, YOU KNOW, WE DON'T WANNA READ IT TO WHERE THEY'RE PUTTING AN EIGHT FOOT FENCE ALONG THE WHOLE PROPERTY LINE OR SOMETHING? NO. SO WHO WOULD LIKE TO TAKE A GO AT IT? UNA COMMISSIONER ZUNA. SEE REGARDING CASE NUMBER BOA DASH 22 DASH 0 3 0 0 0 0 2 4 2. I MOVE THAT THE BOARD OF ADJUSTMENTS GRANT AND REQUEST FOR A TWO FOOT SPECIAL EXEMPTION FROM A MAXIMUM SIX FOOT FENCE HEIGHT, UH, FOR A FENCE THAT'S FIVE FEET AND WIDTH FROM BUILDING FACE TO BUILDING FACE AS DESCRIBED IN, UH, AS DESCRIBED IN SECTION 35 DASH 504 TO ALLOW A PRI PRIVACY, PRIVACY FENCE TO BE EIGHT FEET IN THE REAR AREA OF THE PROPERTY SITUATED 2 3 6 4 EAST SOUTH CROSS BOULEVARD, APPLICANT BEING, UH, KAREN EASTERLING BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SO THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THIS CHAPTER. THE UD U D C STATES THAT THE BOARD OF ADJUST CAN GRANT A SPECIAL EXCEPTION FOR FENCE HEIGHT MODIFICATION OF PROPOSED EIGHT FEET FENCE HEIGHT, UH, BEING REQUESTED IN THE REAR YARD IS A SOLID SCREENED, OR IT WOULD BE, UH, METAL PICKET AS THE APPLICANT DEFINED. IF GRANTED, THE STAFF FINDS OF THE REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE BE THE PUBLIC WELFARE AND CON CONVEN AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THESE CRITERIA ARE REPRESENTED BY FENCE HEIGHTS TO PROTECT COMMERCIAL UTILITIES WHILE STILL, UH, PROMOTING A SENSE OF COMMUNITY. AN EIGHT FOOT FENCE, UH, IN THE REAR YARD DOES NOT APPEAR TO AFFECT THE PUBLIC WELFARE. SEE THAT NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE ADDITIONAL FENCE HEIGHT BEING REQUESTED WILL ENHANCE SECURITY FOR THE SUBJECT PROPERTY AS THE ADJACENT AREAS ARE ALSO ZONED COMMERCIAL, AND THEREFORE THE REQUEST IS UNLIKELY TO INJURE THE NEIGHBORING PROPERTIES. INDEED, 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 WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THE ENTIRETY OF THE FENCE WILL BE IN THE REAR YARD AT A WIDTH OF FIVE FEET. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE AND ESTABLISHED FOR THE SPECIFIC DISTRICT. THE CURRENT ZONING PERMITS, UH, PERMITS THE USE OF THE COMMERCIAL PROPERTIES. THE REQUEST OF SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. END OF MOTION. SECOND BY COMMISSIONER, CAPTAIN COMMISSIONER ZU. YEAH. SO I'M GONNA BE IN SUPPORT OF THIS. OBVIOUSLY IT PROTECTS THE PROPERTY, PROTECTS THE, UH, UH, OWNERS, UM, AND, UH, PREVENTS, UH, THE, YOU KNOW, THE, THE ISSUES THAT THE APPLICANT MENTIONED WITH THE REGARDS TO ACCESS TO THAT BACKSPACE, COMMISSIONER KAPLAN. AND I'LL ALSO BE IN SUPPORT OF IT FOR THE SAME REASONS. THANK YOU. NO. ANYONE ELSE LIKE TO ADD HEARING NONE? LET'S HAVE A ROLL CALL. VOTE PLEASE. UH, MR. ZUNIGA. THAT I CONCUR. MS. KAPLAN I CONCUR. MR. SPIELMAN. I CONCUR. MR. ALBERT. I CONCUR. MR. MENCHACA. I CONCUR. UH, MR. VASQUEZ? I CONCUR. UH, MS. CRUZ? I CONCUR. MR. MANA, I CONCUR WITH THE FINDINGS OF FACT. UH, MS. LIND. I CONCUR. UM, MR. OZ, I PREVIOUSLY CONCURRED, BUT I'LL CONCUR AGAIN. CHAIR ORIAN. I CONCUR WITH THE FINDINGS OF F*G. MOTION PASSES UNANIMOUSLY. THANK YOU. CONGRATULATIONS. THANK YOU VERY MUCH. THANK YOU. UM, YES. NEXT ITEM IS SEVEN. [01:50:02] GOOD AFTERNOON, B O A 22 1 0 3 0 0 1 9 6. ADDRESS IS 2 3 2 CORNELL AVENUE COUNCIL. DISTRICT ONE APPLICANT IS TOM PORTILLO. A REQUEST FOR A THREE FOOT FIVE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE ONE FOOT SEVEN FROM THE SIDE PROPERTY LINE ZONING IS R IN FOUR CASE SUMMARY. THE PROJECT IS LOCATED ON CORNELL AVENUE AND CONTAINS A SINGLE FAMILY RESIDENCE. THE VARIANCE IS FOR A SIDE SETBACK, ENCROACHMENT INTO THE SIDE. PROPER LINE FOR A DETACHED STRUCTURE BEING CONVERTED TO A DUPLEX. A BUILDING PERMIT IS CURRENTLY REVIEWED AND A SETBACK ENCROACHMENT WAS NOTED DURING THE REVIEW PROCESS UPON STITE STAFF SITE VISIT. STAFF OTHER SIMILAR STRUCTURES IN THE SURROUNDING AREA SITE PLAN, THE SUBJECT PROPERTY, THE PROPOSED, UH, DUPLEX. THIS IS THE SIDE VIEW, THIS IS THE SIDE SETBACK, AND THESE ARE YOUR SURROUNDING AREAS. RECOMMENDATIONS SIDE SETBACK VARIANCE. STAFF RECOMMENDS DENIAL WITH AN ULTIMATE RECOMMENDATION FOR THREE FOOT SIDE SETBACK FROM THE SIDE PROPERTY LINE AND BO O A 22 1 0 3 0 1 96. BASED ON THE FOLLOWING FINDINGS OF FACT, THE ACCESSORY STRUCTURE CAN ADEQUATELY BE SETBACK. THREE FEET FROM THE SIDE PROPERTY LINE AND THERE'S POSSIBLE WATER RUNOFF TO THE NEIGHBORING PROPERTIES. NOTIFICATION PLAN, 30 NOTICES WERE MAILED OUT. ONE IN FAVOR, ONE IN OPPOSITION. AN UPTOWN NEIGHBORHOOD ASSOCIATION IS IN FAVOR. I GOT A RE, UH, A PHONE CALL FROM THE PRESIDENT. I DID NOT RECEIVE ANY EMAIL CONFIRMATION FROM HER, BUT I DID GET A CALL FROM HER THIS MORNING. UH, THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE, UH, BEFORE YOU GO. UM, ON THE, ON THE SITE PLAN PROVIDED, WHICH IS A SURVEY. IT, IT'S A LITTLE SKEWED, A LITTLE, UH, THERE'S A DIMENSION FROM THE EXISTING BUILDING TO THE SIDE. IS THAT FIVE FEET? I, I DON'T DUNNO IF YOU HAVE A BETTER PICTURE OF THAT THAN MM, NO, I DON'T. OKAY. ALL RIGHT. I'LL JUST, I'LL JUST, I'LL ASK THE APPLICANT TO COME UP. OKAY. UM, AND A PRESENTATION THAT THE APPLICANT IS GONNA GO THROUGH, YOU CAN'T TELL, UH, IF IS THE APPLICANT PRESENT. YES. ALRIGHT. PLEASE STATE YOUR NAME AND BEGIN YOUR PRESENTATION. HELLO. UH, MY NAME IS CARINA FUENTES, SPEAKING ON BEHALF OF MY HUSBAND TOM PORTILLO, WHO IS CURRENTLY UNAVAILABLE AND OUT OF THE COUNTRY. UM, AND I WANNA START BY ADDRESSING THE LADIES AND GENTLEMEN OF THIS COUNCIL. I WOULD LIKE TO TAKE THIS OPPORTUNITY TO BRING TO YOUR ATTENTION THE SIGNIFICANCE OF DEVELOPING THE STRUCTURE, WHICH SINCE ITS CREATION, HAS EXISTED WITHIN A FIVE FOOT PROXIMITY OF THE ADJACENT NEIGHBORING PROPERTY LINE. I WILL BE DISCUSSING WHETHER THIS APPROVAL WOULD HELP IT REESTABLISH THE STRUCTURAL INTEGRITY OF THE STRUCTURE. SUPPORT THE USE OF THIS PROPERTY FOR ITS INTENDED USE IN CHAPPING THE IDEALS OF THE CITY COUNCIL SAN ANTONIO'S TOMORROW. COMPREHENSIVE PLAN. WHEN THIS BUILDING WAS PURCHASED, THE STRUCTURE IN QUESTION WAS IN A STATE OF DISARRAY AND POSED A SERIOUS RISK TO THE TENANTS WHO RESIDED ON THE SECOND FLOOR, WHO HIRED A STRUCTURAL ENGINEER, WHICH CAN BE SHARED WITH THE MEMBERS OF THIS COUNCIL. TO PROVIDE AN UNBIASED REPORT ON THE STATE OF THE STRUCTURE. THE KEY FINDINGS CAN BE SUMMED UP BY THE FOLLOWING ONE. THE SECOND STORY IS BEING SUPPORTED BY TEMPORARY BEAMS AND SUSPENDED FLOOR JOISTS, CREATING SAFETY CONCERNS. AND TWO, THE LACK OF STRUCTURE INTEGRITY INDICATED BY EXCESSIVE DEFLECTION, CRACKING, COLLAPSES, AND LOSS OF SECTIONS, EXCESSIVE, TILTING, AND UNSTABLE CONDITIONS. THIS STRUCTURE WAS UNKEPT BY PRE, UH, BY THE PREVIOUS OWNER. AND LITERAL ENFORCEMENT OF THE ORDINANCE WOULD INHIBIT US FROM REESTABLISHING THE STRUCTURAL INTEGRITY, BRINGING STRUCTURE UP TO CODE AND ADEQUATELY ADDRESS ISSUES THAT CONTINUE TO PLA IT FOR THE SAFETY OF TENANTS. IT WAS A SURPRISE FOR US TO FIND THAT A FAMILY WITH CHILDREN NO LESS. EXCUSE ME, I LOST MY SPOT. . IT WAS A SURPRISE FOR US TO FIND THAT A FAMILY WITH CHILDREN OR LESS WOULD BE WILLING TO JEOPARDIZE THEIR SAFETY UNDER THESE CONDITIONS. TO HAVE A PLACE TO LIVE. WITH YOUR EXCEPTION, WE WOULD ADDRESS THESE CONCERNS. SECONDLY, THE STRUCTURE IN QUESTION, WHICH SITS ON A PROPERTY DESIGNATED AS AN RMM, FOUR, ALLOWS FOR UP TO FOUR FAMILY DWELLING USED TO ITS UP TO A FOUR FAMILY DWELLING DUE TO ITS DETACHED STRUCTURE AS A BASELINE. THE STRUCTURE HAS EXISTED SINCE IT WAS BUILT IN 1940 AND HAS ALWAYS BEEN WITHIN THE FIVE FOOT PROXIMITY OF THE EXISTING PROPERTY LINE, ALLOWING US TO DEVELOP THIS STRUCTURE, WHICH OVER THE YEARS HAS GONE WITHOUT UPKEEP AND INTO A STATE OF DISARRAY, WOULD ALLOW US TO NOT ONLY PREVENT UNNECESSARY HARDSHIP TO POTENTIAL TENANTS OR RESIDENTS, BUT ALSO BRING THE STRUCTURE UP TO CODE THE CURRENT AVAILABLE SPACE. THE CURRENT PHYSICAL LOCATION OF THE STRUCTURE, WHICH CURRENTLY DOES NOT ADHERE TO ORDINANCE, RENDERS THE AVAILABLE SPACE USELESS, WHEREBY NEGATIVELY IMPACTING [01:55:01] BOTH THE LOCAL COMMUNITY AND THE FUTURE RESIDENTS. THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD DISSUADE FAMILIES FROM SETTING ROOTS WITHIN THE LOCAL COMMUNITY AND MAY INADVERTENTLY PUSH LOW TO MID INCOME SAN ANTONIONS FURTHER AWAY FROM THEIR PLACES OF EMPLOYMENT. ADDITIONALLY, THE EXEMPTION WOULD NOT INJURE OR ALTER THE CHARACTER OF THE ADJACENT PROPERTY, BUT RATHER ALLOW US TO REINFORCE AND BRING THE STRUCTURE UP TO CODE. DOING SO WOULD REDUCE THE LIKELIHOOD OF PHYSICAL DAMAGE TO NEIGHBORING PROPERTY DUE TO THE STRUCTURAL INTEGRITY. LASTLY, APPROVAL OF OUR VARIANCE REQUESTS WERE CHAMPIONED THE SPIRIT OF THE SAN ANTONIO TOMORROW COMPREHENSIVE PLAN. IT IS EXPECTED THAT BEXAR COUNTY WOULD ADD UP TO 1.1 MILLION NEW RESIDENTS WITH 500,000 NEW JOBS AND 500,000 NEW DWELLING UNITS BY 2040. ALLOWING US TO DEVELOP THIS PROPERTY FOR ITS INTENDED USE WOULD ALLOW US TO CAPTURE THE INTENT OF THE MIXED USE PLACE TYPE SECTION OF THE SA COMPREHENSIVE PLAN DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THIS PROPERTY, BY ALLOWING US TO BRING THE APPROPRIATE ZONING USE UP TO MAXIMUM POTENTIAL THROUGH THE EXEMPTION, TOGETHER WE CAN HELP CONTINUE PREPARING SAN ANTONIO FOR ITS FORECASTED FUTURE GROWTH. I APPRECIATE YOUR TIME AND THANK YOU FOR THE OPPORTUNITY TO DISCUSS MY LOGIC IN SEEKING YOUR APPROVAL OF OUR VARIANCE REQUEST. KAPLAN QUESTION. ALRIGHT, THANK YOU. UH, WE'RE GONNA OPEN THIS UP SOME QUESTIONS. UH, COMMISSIONER KAPLAN. YEAH. UH, THE, UH, CITY, HOW WOULD THEY MOVE IT? A BUILDING THAT'S EXISTING, UH, A FOOT AND A HALF OR ALMOST A FOOT AND A HALF AWAY. HOW, WHAT WERE YOU PROPOSING? UH, YEAH, WE PROBABLY SHOULD HAVE MADE A ALTERNATE RECOMMENDATION. WE JUST PROBABLY SHOULD HAVE LEFT AT DENIALS BECAUSE IT'S A ESTABLISHED BUILDING, SO YES, YOU'RE RIGHT. IT, IT, IT WOULDN'T BE FEASIBLE FOR THEM TO MOVE IT. OKAY. SO THE QUESTION I HAVE FOR YOU IS, I WANNA MAKE SURE I'M CLEAR ON WHAT'S HAPPENING. YOU, YOU CURRENTLY HAVE A HOME. IS IS THE MAIN HOME IN QUESTION TODAY OR JUST THE STRUCTURE IN THE REAR OF THE ACCESSORY STRUCTURE? THE STRUCTURE IN THE REAR. OKAY. SO THE, SO THE, THAT, THAT CHANGES A LITTLE THING. SO THE, THE STRUCTURE IN THE REAR IS LOCATED, UM, PRETTY CLOSE TO THE SIDE. YOU'RE NEXT TO AN ALLEY. ARE YOU, ARE YOU, ARE YOU PUTTING ANY, ARE YOU, UH, MODIFYING ACCESS FROM THE ALLEY INTO THE STRUCTURE FROM THE ALLEY? ARE YOU PUTTING GARAGE DOORS THERE? NO, NO, NO. THE ALLEY WOULD PROVIDE, UH, AN ALTERNATE ENTRANCE TO THE BACK OF THE PROPERTY, BUT WE'RE NOT, UH, WE'RE NOT PUTTING ANY GARAGE DOORS OR ANYTHING TO THE ALLEYWAY AND THE, AND THE STRUCTURE THAT'S CURRENTLY THERE, ARE YOU MAKING IT ANY LARGER THAN THE FOOTPRINT? IT WAS? NO. OKAY. NO, THE INTENT WOULD BE SOLELY TO, UM, HELP THE INTEGRITY OF THE STRUCTURE AS IT, SO, SO YOU, SO YOU'RE TAKING AN EXISTING TWO STORY STRUCTURE THAT'S IN A STATE OF DISARRAY AND YOU'RE RENOVATING IT TO BE THE SAME SIZE? THAT IS CORRECT, YES. OKAY. WILL, WILL YOU BE PUTTING GUTTERS ON THE SIDES FOR RUN, UH, TO PREVENT RUNOFF? UH, WELL, IN TERMS OF THE RUNOFF, UH, WE'VE DISCUSSED THAT WITH OUR, UH, CONTRACTOR. WE'VE SPOKEN ABOUT, UM, EITHER A FRENCH DRAIN OR GUTTER OPTION TO, TO ADDRESS THAT. UH, OF COURSE WE ARE IN TEMPORARY PAUSE BECAUSE WE'RE NOT SURE WHETHER OR NOT WE CAN PROCEED WITH THE PERMITTING. WOULD, WOULD YOU, WOULD YOU AMEND YOUR, UM, APPLICATION TO SAY YOU WILL BE PUTTING IN GUTTERS IF WE GIVE YOU, OKAY. OKAY. SO THE WAY THIS WORKS IS, UM, YOU WOULD HAVE TO FORMALLY AMEND YOUR APPLICATION WHILE YOU'RE AT THE, AT THE PODIUM. OKAY. UH, THAT, THAT IT WOULD INCLUDE GUTTERS. SO IF YOU WOULD LIKE TO DO THAT NOW, YOU, YOU CERTAINLY CAN. DO YOU MIND IF I CONFER WITH OUR, UH, SURE. GC AND WHILE YOU'RE DOING, AND, AND WHILE YOU'RE DOING THAT, UH, STAFF, THE, THE, THE PICTURES SHOW THAT THERE'S SUBSTANTIAL OVERHANG ON THE SIDE MM-HMM. , WELL, YOU KNOW, ONCE YOU'RE BELOW THREE FEET, THE OVERHANGS CAN'T GO INTO IN, IN ANYMORE. IS A HOME IS WHAT'S IN QUESTION TODAY AND NOT THE OVERHANG. AS, AS YOU'RE, YOU GUYS HAVE MEASURED IT, LIKE THE STRUCTURE IS ONE FOOT SEVEN, THE ACTUAL WALL IS ONE FOOT SEVEN FROM THE SIDE. THAT'S CORRECT. YES. AND THEN THE, THE ROOF. OKAY. SO YOU MAY HAVE TO CUT THE OVERHANGS ALL THE WAY. YES, YES. THAT'S, UH, SOMETHING ELSE THAT WE'VE CONSIDERED. WELL, THAT, AND THIS, AND THAT GETS THE ISSUE OF GUTTERS MAKES IT DIFFICULT NOW BECAUSE ANYTHING THAT YOU BUILD, YOU, THIS THING WAS ADVERTISED TO BE ONE FOOT SEVEN AWAY FROM THE PROPERTY. WE CAN'T GO ANY LESS THAN THAT. SO IF YOU WERE TO, IF YOU WERE TO SHAVE YOUR OVERHANG TO BE IN LINE WITH THE BUILDING WALL AND THEN PUT GUTTERS ON THE SIDE, THEN THAT WOULD BE IN VIOLATION OF WHAT WE CAN APPROVE. I WOULD, YOU KNOW WHAT I'M GETTING AT. SO, BUT A CHANGE IN THE ROOF STYLE, SO THAT IT WOULD BE A SINGLE SLOPE GOING FROM ONE EDGE TOWARDS THE FRONT THAT WOULD RESOLVE IT, CORRECT? IT WOULD. THE ROOF BUILT ALREADY THOUGH. THAT'S, SO I WOULD LIKE TO ADDRESS THAT ISSUE. HOWEVER, UM, WHEN THE, UH, STAFF MEMBER WENT OUT TO THE PROPERTY, THEY MEASURED FROM THE SIDE OF THE, UH, ACCESSOR ACCESSORY STRUCTURE TO THE NEW FENCE THAT WE, WE HAD, UH, PUT IN PLACE. OKAY. HOWEVER, THAT FENCE IS ON THE INSIDE OF THE PROPERTY LINE, NOT THE ACTUAL PROPERTY. SO THE POSTS ARE ACTUALLY THE PRO, SO YOUR POST IS, IS CONTAINED, SO YOU ACTUALLY GET ANOTHER FOREST INCHES OR SO. UM, MY GENERAL CONTRACTOR COULD MORE ADEQUATELY [02:00:01] ANSWER THAT QUESTION. DO YOU MIND IF I CALL HER UP? UH, YOU CAN, I MEAN, WHAT, JUST SO YOU KNOW, WHAT, WHAT THIS COMMISSION TRADITIONALLY USES MM-HMM. , UH, IT'S NICE TO KNOW IF YOU'RE IN THE SAME FOOTPRINT, BUT YOU KNOW, WHEN YOU'RE CLOSER, YOU KNOW, HOW IS IT GONNA BE MAINTAINED? HOW IS THE DRAINAGE GONNA AFFECT YOUR NEIGHBOR? SURE. YOU KNOW, WHAT ARE YOUR, IF IF YOU'RE ADDING A STORY, WHICH YOU'RE NOT, YOU KNOW, WHAT, WHAT ARE WHAT CHANGES ARE HAPPENING NOW THAT YOU'VE COME BEFORE US THAT REALLY AFFECTS YOUR NEIGHBOR OR ANY OF THE SURROUNDING PROPERTIES, IS WHAT WE'RE LOOKING AT? WELL, SO THE ISSUE OF GUTTERS COMES UP SURE. BECAUSE OBVIOUSLY IF YOU BUILDING'S ONE FOOT SEVEN AND YOU HAVE THESE LARGE OVERHANGS AND YOU'RE JUST BLOWING WATER ONTO YOUR NEIGHBOR'S HOUSE, AND THEY ACT APPEARS THAT THEY HAVE A STRUCTURE REALLY CLOSE TO THAT FENCE TOO. NOT EXPERT ON GUTTERS BY ANY MEANS, BUT, BUT, UH, IS IT POSSIBLE TO PUT GUTTERS THAT DRAIN OUT TO THE SIDE OF YOUR YARD INSTEAD OF, UH, INSTEAD OF, I MEAN, IN OTHER WORDS, THEY'D COME DOWN TOWARDS YOUR NEIGHBOR, BUT MAYBE DIRECT INTO, WELL, YOU COULD RAISE THE FRONT OF YOUR YARD OR SOMEWHERE. YEAH, YOU COULD PUT A, YOU COULD PUT LIKE A NO DRIP, BUT I DON'T KNOW IF THAT'S GONNA BE ENOUGH. I MEAN, YOU'RE TALKING ABOUT THAT MUCH OF A, OF A PITCH AND THAT SIDE. NO, I MEAN, IF YOU, IT WOULD PITCH, BUT THEN COULD YOU DIRECT THE GUTTERS WHEN THEY WENT DOWN TO THE GROUND AWAY? OH, NO, THAT'S THE, THE ISSUE BECOMES, IS IF, IF YOU HAVE THE SIDE OF THE WALL AND THE, AND YOU SHAVE THE, SO YOU SHAVE THE ROOF SO IT DOESN'T GO PAST THE ACTUAL FACE OF WALL. IF YOU PUT A GUTTER ON THE SIDE AND THAT A FOUR INCH STANDARD GUTTER THAT'S NOW ENCROACHING IN MORE THAN WHAT YEAH. 'CAUSE THE VARIANCE APPLICATION WAS TO THE, GOT IT. I DON'T KNOW IF WE'RE, SO YES, PLEASE, IF YOU HAVE ANYTHING TO ADD. UM, SO YES, I, I DO BELIEVE THERE IS A WAY TO FUNNEL GUTTERS. UH, I'M NO EXPERT IN THAT EITHER, BUT I CAN, UH, HAVE MISS MELODY. WELL, I MEAN, OUR VARIANCE IS TO THE PROPERTY LINE. SURE. SO IF YOU HAVE A FACE OF FENCE, AND THEN YOU HAVE, LET'S SAY A FOUR INCH WOOD, IS THIS A WOOD POST HOLDING UP THE FENCE? YES. ON THE OTHER SIDE. SO IF YOU HAVE A FOUR BY FOUR HOLDING UP THE FENCE, AND YOU TECHNICALLY HAVE AN EXTRA FOUR INCHES, SO IT WOULD BE PLAUSIBLE IF YOU WERE TO CUT THE OVERHANG AT THE, AT THE WALL LINE, PUT IN A FOUR INCH GUTTER, THEN YOU'D PROBABLY BE OKAY. UM, I JUST WANNA MAKE SURE WE'RE NOT GRANTING A VARIANCE THAT'S UNATTAINABLE. RIGHT. SO THAT MAKES SENSE. DO YOU MIND IF I NO, NO, SHE'S GONNA TAKE ME HERE. GO AHEAD. THANK YOU. DO YOU MIND PULLING UP? YEAH, JUST STATE YOUR NAME PLEASE. MELODY ALVAREZ. I'M THE GENERAL CONTRACTOR. GREAT. PLEASE CONTINUE. UM, SO NOT THOSE PICTURES, BUT THERE'S MORE MEASURING TAPE PICTURES. YES, THOSE, OKAY. SO THESE ARE THE ACTUAL MEASUREMENTS FROM THE PROPERTY LINE. SO THERE WAS AN EXISTING FENCE ON THE PROPERTY LINE. THE DOGS NEXT DOOR HAD PUSHED OVER THE FENCE, SO IT POSED A SAFETY CONCERN. SO THERE WAS A NEW FENCE BUILT. THE NEW FENCE IS WHERE THE STAFF MEMBER HAD MEASURED FROM. SO THAT IS ACTUALLY AN INACCURATE MEASUREMENT. SO RIGHT HERE IS THE FRONT OF THE BUILDING, AND IT'S AT TWO FEET, THREE INCHES WITH THE OVERHANG. THAT ACTUALLY BRINGS US TO A CLEARANCE OF, IT'D BE ONE FOOT ONE WITH THE OVERHANG MEASURING. WHEN I LOOK AT THE PICTURE YOU HAVE ON THE SCREEN, THE MEASURING TAPE, THE FACE OFFENSE, IS THAT THE EIGHT INCH MARK? AND THAT LOOKS LIKE YOU'VE GOT A, A THREE, IS THAT A THREE QUARTER OR HALF INCH PICKET? LIKE, UH, THAT'S A HALF INCH. OKAY. SO, YOU KNOW IF, EVEN IF YOU TAKE IT TO THAT FOUR INCH WOOD POST, I MEAN, IT, IT LOOKS LIKE YOUR TAPE IS BEING PUSHED FORWARD MORE THAN IT SHOULD BE. IS THAT, SO THERE IS A, THERE IS A GAP, THE NEW FENCE THAT'S BUILT MM-HMM. IS NOT BUTTED UP DIRECTLY TO THE EXISTING FENCE. OH, YOU DIDN'T PUT HANGERS ON THE FOUR BY FOUR. YOU ACTUALLY PUT A, YOU PUT LIKE A TWO BY FOUR IN FRONT OF THE FOUR BY FOUR, AND THEN YOU PUT THE, WE ACTUALLY SPACED THE NEW FENCE. SO THE FOUR BY FOUR POSTS ON OUR NEW FENCE ARE ROUGHLY FOUR TO SIX INCHES AWAY FROM THE EXISTING FENCES. OKAY. SO, YEAH, SO YOU DID, YOU DID TWO BY FOURS ON THE FRONT, AND THEN YOU PUT THE HANGERS ON. SO THAT'S WHERE YOU'RE, SO WE'VE GOT TWO BY FOUR STRINGERS ON THE BACKSIDE ON THE NEIGHBOR'S SIDE, AND THEN THE PICKETS ARE ACTUALLY FACING OUR PROPERTY. OKAY. ALL RIGHT. MANNA, COMMISSIONER MANNA. SO, AND THIS QUESTION'S REALLY MAYBE FOR YOU. SO, SO MY UNDERSTANDING IS THAT THERE ARE A LOT OF OVERHANG, UM, YOU KNOW, SO WE'RE MEASURING TO THE WALL WITH AN OVERHANG, AND AS LONG AS, UM, I GUESS THE OVERHANG ISN'T 18 INCHES, I THINK SO AT MAX, WHICH WOULD INCLUDE THE GUTTERS. SO, WELL, SO WHAT HAPPENS IS WHEN YOU, WHEN YOUR, WHEN YOUR SETBACK, AND STAFF WILL HAVE TO TELL ME IF I'M WRONG OR NOT, CORRECT ME IF I'M WRONG, BUT TYPICALLY YOU HAVE A FIVE FOOT FOOT SETBACK, AND THEN YOU CAN HAVE OVERHANGS UP TO TWO FEET BECAUSE YOU NOTHING CAN BREACH THE THREE FOOT LINE. THAT'S CORRECT. SO IF THEY'RE, IF THEY'RE ASKING FOR ONE FOOT SEVEN, NOTHING CAN BREACH THE GUTTER, THE OVERHANG. AND SO THAT'S, THAT IS CORRECT. SO THAT'S WHY WE'RE GETTING INTO IT. WAIT, THERE'S AN OVERHANG ISSUE THAT HAS TO BE RE OVER, UH, READVERTISED, AND THAT'S WHY YOU GUYS ARE ASKING THOSE QUESTIONS. SO, SO WITH THIS PICTURE, IF, IF THIS IS CORRECT, AND YOU'VE GOT, YOU KNOW, I'LL [02:05:01] SAY 26 INCHES, AND THEN YOU HAVE AN, AN OVERHANG, AND THEN YOU ADD A GUTTER THAT THEY'VE ASKED FOR A ONE FOOT SEVEN, WHICH IS 19, WHICH GIVES YOU BASICALLY SEVEN INCHES TO MESS WITH FROM THE FACE OF BUILDING WALL. SO IF YOU OVERHANGS 18, YOU ALREADY GOT A PROBLEM, YOU WOULD ACTUALLY HAVE TO CUT IT BACK TO LIKE THREE INCHES AND THEN ADD A FOUR INCH GUTTER, AND THEN YOU COULD BE, OKAY, SO THE OVERHANG ITSELF IS 14 INCHES? YEAH, WELL, I MEAN, IT CAN'T BE MORE THAN, UH, SO YOU'VE GOT, LET'S SAY 26. YOU'RE, YOU'RE, THE, THE VARIANCE ADVERTISE IS FOR 19 INCHES. THAT MEANS WE CAN'T GRANT ANYTHING BELOW 19 INCHES, WHICH MEANS YOU'VE GOT ABOUT SEVEN INCHES OF PLAY BETWEEN THE BUILDING WALL AND THIS IMAGINARY VARIANCE LINE THAT WE CAN GRANT. OKAY. SO IF YOU, SO IF YOU OVERHANGS ARE 14, THEY'RE ALREADY, EVEN IF YOU GOT THIS TODAY, THEY'RE ALREADY SEVEN INCHES ENCROACHING INTO WHAT WE WOULD APPROVE. AND THEN IF YOU ADD A GUTTER THAT'S EVEN MORE ENCROACHING, SO, SO THEN WE WOULD NEED TO CUT BACK THAT YOU COULD REACT, YOU CAN COME BACK HERE AND, AND ASK FOR A, A, A, A DIFFERENT VARIANCE UHHUH, WHICH MAY OR MAY NOT BE ACCEPTABLE. THE CLOSER YOU GET, THE LESS ACCEPTABLE IT USUALLY IS. RIGHT. UH, OR, UH, WE CAN MOVE FORWARD TODAY. AND, AND IF YOU AGREE TO, IF YOU AMEND YOUR APPLICATION TO INCLUDE GUTTERS, YOU WOULD BASICALLY HAVE TO TRIM YOUR OVERHANG, YOU KNOW, A, A, A GOOD AMOUNT. I MEAN, YOU, I MEAN, IF YOU HAVE SEVEN INCHES OF CREDIT AND YOU SAID THEY'RE 14, YOU'D HAVE TO TRIM 'EM 11 INCHES AND THEN ADD A GUTTER. YOU TAKE 11 INCHES OFF, POP A FOUR INCH GUTTER ON IT, THEN YOU'LL HIT THE ONE SEVEN. SO THAT'S, YOU SAID, TAKE OFF 11 INCHES. THAT'S ACCORDING TO THIS SKETCH. I MEAN, IF THIS IS TO THE PROPERTY LINE. RIGHT? RIGHT. OKAY. SO, UM, MM-HMM. , EVEN THOUGH WE DON'T NORMALLY NEGOTIATE WITH, UH, THE PEOPLE THAT COME BEFORE US, UH, YOU HAVE AN OPPORTUNITY TO EITHER RE ADVERTISE OR WE CAN MOVE FORWARD KNOWING THAT, THAT THE MOST WE CAN GIVE YOU IS 19 INCHES. BUT IF YOU ASK FOR ANY MORE THAN THAT, IT MAY NOT BE, UM, AS, AS ACCEPTABLE. OR MAYBE THIS ISN'T ACCEPTABLE. WE DON'T KNOW. WE'LL FIND OUT. BUT, UH, WHAT WOULD YOU LIKE TO DO? AND AGAIN, THE ROOF LINE CAN BE CHANGED IN REGARDS TO THE STYLE. YEAH. AND JUST, AND ALSO TO REMEMBER THAT THERE'S A REASON WHY STAFF RECOMMENDS THREE FEET, BECAUSE THREE FEET, ESPECIALLY ON THE TWO STORY BUILDING, THAT'S NOT A LOT . SO IF WE WERE TO COME BACK, WE WOULD COME BACK REQUESTING AN EXCEPTION VERSUS A VARI NO, YOU COME BACK REQUESTING A VARIANCE, UH, INSTEAD OF ONE FOOT SEVEN, IT WOULD BE LIKE SIX INCHES, WHICH WOULD BE TOUGH, VERSUS, UM, HAVING LIKE A CONDITION THAT, WELL, WE CAN'T GRANT CONDITIONS. OKAY. YEAH. WE, THE ONLY THING WE CAN DO TODAY IS LET YOU EXTEND UP TO 19 INCHES TO YOUR PROPERTY LINE WITH ANYTHING GUTTER OVERHANG. SO WE'RE TALKING ABOUT FROM THE PROPERTY LINE THIS WAY, 19 INCHES TOWARDS THE STRUCTURE, TOWARDS THE STRUCTURE. NOTHING CAN EXIST IN THOSE 19 INCHES. AND, AND I'LL, AND I'M JUST GONNA TELL YOU WHEN WE SEE A LOT OF THESE REQUESTS, ANYTHING LESS THAN THREE FEET IS USUALLY A TOUGH SELL. THREE FEET'S A MAGIC NUMBER. THAT'S WHY STAFF TRADITIONALLY RECOMMENDS AS AN ALTERNATE TO THREE FEET, WE'LL TAKE THE 19 INCHES. OKAY. SO, AND WOULD YOU LIKE TO AMEND YOUR APPLICATION TO INCLUDE GUTTERS? YES. UM, DO YOU REPRESENT THE, I DON'T KNOW IF YOU NEED TO SAY THAT. OKAY. YES. WE'RE GONNA GO AHEAD AND AMEND OUR, RECOMMEND OUR VARIANCE TO 19 INCHES AND APPLICATIONS INSTALLERS, AND INSTALL SOME GUTTERS ON THAT AS WELL. SO THE, THE, THE APPLICANT IS AMENDED THEIR APPLICATION TO INCLUDE GUTTERS. THANK YOU VERY MUCH. IS THERE ANY PUBLIC COMMENTARIES? ANYONE UNDER THIS SPEAK? NO PUBLIC COMMENT. ALL RIGHT. I'M LOOKING FOR A MOTION. I'M, UH, I'LL MAKE A MOTION. COMMISSIONER KAPLAN. OKAY. REGARDING CASE NUMBER BO O A TWO TWO DASH HUNDRED 3 0 0 1 9 6. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR THREE FOOT FIVE VARIANCE WITH A MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT AS SURE YOU HAVE THE GUTTERS. NO, WHERE DO I PUT THE GUTTERS? I KNOW, BUT WHEN DO I ADD THEM? WHEN DO I ADD THEM? I JUST GOT STARTED. OH YEAH. THREE FOOT FIVE VARIANCE DENIAL STRUCTURE GUTTERS. OKAY, LET'S, LET ME START THAT OVER. UH, REGARDING CASE NUMBER BO O A DASH 22 DASH HUNDRED 3 0 1 96, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR THREE AND A HALF FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SITES SET BACK AS DESCRIBED BY SECTION 35 DASH THREE 10.01 TO ALLOW A STRUCTURE TO BE ONE FOOT SEVEN INCHES, UH, WITH GUTTERS FROM THE SIDE PROPERTY LINE SITUATED AT 2 32 CORNELL AVENUE, APPLICANT BEING TOM PORTILLO BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE HAVE DETERMINED SHOW [02:10:01] THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE VARIANCE REQUEST IS TO ALLOW A DETACHED STRUCTURE TO BE REDUCED TO LESS THAN THE MINIMUM REQUIREMENTS. THE ONE FOOT SEVEN SITES THAT BACK WITH GUTTERS LEAVES ENOUGH ROOM FOR SEPARATION BETWEEN STRUCTURES TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN HAVING TO MEET THE MINIMUM SIDE SETBACK FROM THE PROPERTY LINE. STAFF FINDS AN UNNECESSARY HARDSHIPS SINCE THE VARIANCE WILL ALLOW FOR THE DEVELOPMENT OF A STRUCTURE WITH THE ONE FOOT OH ONE FOOT SEVEN INCH SIDE SETBACK REQUIREMENT. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE STRUCTURE HAS BEEN CONSTRUCTED IN THE CURRENT SETBACK IS ONE FOOT SEVEN INCHES FROM THE SIDE PROPERTY LINE. THE SIDE SETBACK VARIANCE WOULD OBSERVE THE SPIRIT OF THE ORDINANCE BY STILL MAINTAINING THE SIDE SETBACK FROM THE SIDE PROPERTY LINE FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH 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. IF GRANTED, THE DETACHED STRUCTURE WILL BE SUBJECT TO MAINTAIN A ONE FOOT SEVEN INCH SIDE SETBACK FROM THE SIDE PROPERTY LINE, WHICH IS NOT LIKELY TO NEGATIVELY AFFECT THE ADJACENT NEIGHBORING PROPERTIES. 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 THE RESULTS OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IT APPEARS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES BECAUSE OF THE WIDTH OF THE LOT AND CONFIGURATION OF THE EXISTING RESIDENCE. THE REQUEST IS NOT MERELY FINANCIAL END OF MOTION. SECOND BY COMMISSIONER MANNA, COMMISSIONER KAPLAN. UH, I, I WILL BE IN SUPPORT OF THIS VARIANCE. UM, YOU KNOW, WE ARE ALL IN FAVOR AS YOU AS THE CITY IS OF, UH, IMPROVING, UM, ACCESSORY APARTMENTS AND PROMOTING AFFORDABLE HOUSING, UM, AND ACCESSORY DWELLINGS IN THE CITY. UM, THE FACT THIS IS AN IS AN EXISTING RESIDENCE, UM, UH, YOU KNOW, IS ACTUALLY EVEN MORE REASON WHY TO GRANT A VARIANCE. AND THE FACT THAT YOU'RE WILLING TO PUT GUTTERS ON, UH, MAKES ME LIKE US EVEN MORE. COMMISSIONER MANOR, I CONCUR WITH MY COLLEAGUE ALSO, UH, TAKING A LOOK OVERHEAD. I SEE OTHER PROPERTIES THAT, UH, LOOK SIMILARLY, UH, SPACED REGARDING THE, UH, SIDE PROPERTY LINE. SO IT SEEMS CONSISTENT WITH THIS COMMUNITY. SO I'LL BE VOTING IN FAVOR AS WELL. ALRIGHT, THANK YOU. ANYONE OTHER COMMISSION LIKE TO ADD HEARING NONE. HAVE A ROLL CALL VOTE PLEASE. UH, MS. KAPLAN, I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. ALBERT. I CONCUR. MR. MANCHACA? I CONCUR. MR. VAZQUEZ? I CONCUR. MS. CRUZ? I CONCUR. MS. LYNN? I CONCUR. UH, MR. ZUNIGA? YES. MR. OONA? YES. I CONCUR. CHAIR ORIAN. UH, I ALSO CONCUR WITH THE FINDINGS OF FACT AND, AND I DON'T THINK COMMISSIONER ZUNIGA GOT TO RESPOND. GO AHEAD. YOU'VE MISSED ME TWICE. AND COMMISSIONER ZUNIGA? YES. ALL RIGHT. MOTION PASSES UNANIMOUSLY. THANK YOU. CONGRATULATIONS. YOU HAVE ANY QUESTIONS? YOU KNOW, THANK PLEASE TALK TO STAFF. THANKS SO MUCH. YOU'RE WELCOME. UH, WE'RE GONNA TAKE A 10 MINUTE BREAK. SEE EVERYBODY BACK HERE. 3 29. I HAVE TO 3 32. I'M CALLING IT BACK IN SESSION. I BELIEVE WE'RE ON ITEM EIGHT. GOOD AFTERNOON. ITEM NUMBER EIGHT IS FOR CASE BO A DASH 22 DASH THREE NINE. LOCATED AT 5 6 2 EACH EAST MITCHELL WITHIN COUNCIL DISTRICT THREE, THE APPLICANT BEING ROD WALLACE IS A REQUEST FOR ONE, A TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT FENCE HEIGHT TO ALLOW SOLID GREEN FENCE TO BE EIGHT TALL ALONG THIS SIDE AND REAR PROPERTY LINES. AND TWO, A FIVE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT TO, TO ALLOW A SOLID SCREEN FENCE TO BE EIGHT FEET TALL ALONG THEIR FRONT YARD. THE PROPERTY IS SPLIT ZONED ONE PORTION BEING ZONED. I D Z IN FILL DEVELOPMENT ZONE WITH USES PERMITTED [02:15:01] IN C TWO AND RM FOUR. AND THE OTHER PORTION IS ZONED R FOUR RESIDENTIAL SINGLE FAMILY DISTRICT. SO THE SUBJECT PROPERTY IS LOCATED ON THE SOUTHWEST CORNER OF SOUTH PRESA EAST MITCHELL STREET. THE SITE HAS A SINGLE FAMILY RE RESIDENCE SITUATED TO THE WEST OF THE PROPERTY AND ON FRONTING ON EAST MITCHELL STREET. IT ALSO HAS AN AUTOMOTIVE SERVICE GARAGE LOCATED ON THE EAST SIDE OF THE PROPERTY, WHICH IS FRONTING ON SOUTH PRESA. THE APPLICANT IS PROPOSING TO CONVERT THE EXISTING SERVICE GARAGE INTO THEIR PRIMARY RESIDENCE WHILE ALSO KEEPING THE EXISTING RESIDENCE IN THE REAR ONCE REDEVELOPED. THE PROPERTY WILL CONTINUE TO MAINTAIN TWO FRONTAGES, THE PRIMARY ONE BEING ON SOUTH PRESA AND THE OTHER ON EAST MITCHELL. BECAUSE OF THIS UNIQUE SITUATION, THE APPLICANT SUBMITTED A SPECIAL EXCEPTION REQUEST TO ALLOW AN EIGHT FOOT SOLID SCREEN FENCE ALONG THE FRONT SIDE AND REAR PROPERTY LINES. THE FENCE WILL BE PLACED ALONG EAST MITCHELL AND WILL NOT EXTEND PAST THE FRONT FACADE OF THE EXISTING GARAGE. THIS IS A SITE PLAN THAT WAS SUBMITTED BY THE APPLICANT. THE PICTURE OF THE SUBJECT PROPERTY TAKEN ON EAST MITCHELL STREET, THE STRUCTURE THAT WILL SERVE AS THE PRIMARY RESIDENCE LOCATION OF WHERE THE FENCE WILL BE INSTALLED. SO THIS IS EAST MITCHELL. UM, THIS IS THE FRONT OF WHAT WILL BE THE PRIMARY RESIDENCE ON SOUTH PRESA. THE EXISTING STRUCTURES ON THE PROPERTY. THIS IS THE INTERSECTION OF SOUTH PRES ON EAST MITCHELL. AND THIS IS A RENDERING SUPPLIED BY THE APPLICANT OF THE PROPOSED FENCE. REGARDING THE SPECIAL EXCEPTION. STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING FINDINGS. ONE, THE EIGHT FOOT FENCE WILL ADD ADDITIONAL SECURITY AND PRIVACY TO THE SUBJECT SITE. IMMEDIATE AREA TWO, THE PROPERTIES LOCATED ON A CORNER AND FRONT ON A HIGH TRAFFIC STREET. AND THREE, THE PROPOSED FENCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. WE MAILED OUT 30 NOTICES. WE RECEIVED EIGHT IN SUPPORT, ONE IN OPPOSITION. ROOSEVELT PARK NEIGHBORHOOD ASSOCIATION IS IN SUPPORT. AND RIVERSIDE NEIGHBORHOOD ASSOCIATION, WHICH IS LOCATED WITHIN 200 FEET OF THE SITE, DID NOT RESPOND. THE FOLLOWING SLIDES WILL CONTAIN THE RESPONSES RECEIVED, AND THIS CONCLUDES STAFF'S PRESENTATION. AND THE APPLICANT IS HERE TO ANSWER ANY QUESTIONS. FANTASTIC, THANK YOU. LET'S HAVE THE APPLICANT COME FORWARD. STATE YOUR NAME AND BEGIN YOUR PRESENTATION. UH, WORKING FINE. HI, MY NAME IS ROD WALLACE. I'M THE OWNER AND I'M GONNA BE, UM, ASKING JONATHAN SMITH TO CO-PRESENT WITH ME. UM, LADIES AND GENTLEMEN ON THE BOARD. LADIES AND GENTLEMEN, STAFF, THANK YOU FOR GIVING ME THE OPPORTUNITY TO, UH, TO TALK ABOUT OUR PROJECT HERE. UH, I WANNA REEMPHASIZE, THIS IS A RESIDENTIAL, UH, RENOVATION OF WHAT USED TO BE A COMMERCIAL, UM, ORGAN OPERATION BEFORE I PURCHASED IT. UM, IF YOU COULD MOVE DOWN TO THE FIRST STEP. SO AGAIN, SITE PLAN, UH, VIEW, VERY BUSY INTERSECTION, UM, FROM THE PLAN VIEW, YOU THE, UH, THE STORE WAS ORIGINALLY, UM, WELL ORIGINALLY AND SINCE THE, THE EIGHTIES, AN AUTO PARTS STORE, WHICH CONVERTED TO, UM, REMOVING ENGINES FROM VEHICLES AND DOING VEHICLE SERVICING. I THINK AROUND THE EIGHTIES, THEY PURCHASED THE HOUSE PROPERTY AND THEY, UM, ESSENTIALLY PAVED ALL OF IT. I USED IT AS A STORAGE AREA AND, UH, RECORDS KEEPING LOCATION ESSENTIALLY FOR THE BUSINESS. AND THE PAVING, UH, WAS IN ESSENCE IN, IN AID OF THEM PUTTING UP VEHICLE LIFTS AND THINGS LIKE THAT, AND PARKING THE VEHICLES. THEY WERE SERV SERVICING. THEY THEN ALSO COVERED IT COMPLETELY WITH A TIN ROOF AROUND ALL OF THE COMBINED PROPERTY. UM, PRESTON AND MITCHELL, JUST, SORRY IF I CAN JUST MAKE ONE POINT ON THAT. OH, THAT'S JUST, THIS IS GREAT. THIS IS FINE. IT'S VACANT, VACANT, UH, COMMERCIAL ACROSS THE ROAD. THE HOUSE JUST TO THE LEFT THERE IS VACANT CURRENTLY. THERE'S A WELL-KNOWN DRUG HOUSE JUST ON THE OTHER SIDE OF THAT. AND JUST DOWN MITCHELL IS A NOTORIOUS MOTEL THAT, UM, CAUSES A LOT OF TRAFFIC OF PEOPLE, UM, NOT HAVING THEIR BEST DAYS, I WOULD SAY, YOU KNOW, UM, UM, FRONT OF THE PROPERTY. YOU CAN MOVE ON PLEASE. SO, JUST, UM, UH, A COUPLE OF THE THINGS ABOUT US. JEN AND I, UH, LIVE THERE. JEN'S FAMILY'S LIVED IN THE SOUTH SIDE FOR 75 YEARS. UM, SOME OF THEM ULTIMATELY BEING DISPLACED TO, UH, FROM COLLINS GARDENS TO PUT IN HIGHWAY 90. WE'VE LIVED HERE A LONG TIME. UM, I PERSONALLY AM AN IMMIGRANT FROM CANADA. MOVED HERE, UH, IN, IN 20, UH, 13, GOT MY GREEN CARD. UM, I PICKED SAN ANTONIO AS A CITY I WANNA LIVE IN. AND, UM, FOR A COUPLE OF YEARS, I ACTUALLY, UH, I LIKE TO JOKE, I SLEPT AROUND, UH, THE CITY. AND WHAT I MEAN BY THAT IS I TRIED OUT VARIOUS DIFFERENT NEIGHBORHOODS. I RENTED AROUND THE CITY TO DETERMINE WHERE I WANT TO LIVE. AND I PICKED, I PICKED THIS NEIGHBORHOOD. IT'S, IT'S MY NEIGHBORHOOD. I LOVE IT. AND, UM, I BOUGHT THE PLACE IN 2015. IT HASN'T BEEN A BED. ROSES, I CAN TELL YOU. UM, LIVING HERE. SO, UM, JUST A YEAR AGO WE WERE BURGLED. SOMEBODY JUST DUMPED A LOW FENCE. UM, IT'S A VERY HIGHLY VISIBLE PROPERTY BECAUSE IT'S A HIGH TRAFFIC CORNER AND IT'S A LOT OF PEOPLE WALKING BY. IT JUMPED THE FENCE, MADE OFF A 30 K, UH, WORTH OF MY POSSESSIONS. OUR POSSESSIONS, ACTUALLY, FORTUNATELY, THAT PERSON WAS, UM, WAS ARRESTED, UM, WHILE JEN WAS ACTUALLY IN THE HOUSE HAVING A, UM, A SHOWER. AND IN THE PROPERTY, SOMEONE, AGAIN, BECAUSE [02:20:01] OF THE VI VISIBILITY, COULD SEE SHE WAS THERE AND ATTEMPTED TO JUMP THE FENCE AGAIN TO GET IN. AND WHO KNOWS WHAT THEY WANT TO DO. UH, FORTUNATELY, UH, JEN, WELL FREAKED OUT, MANAGED TO CALL THE POLICE. THEY WERE CLOSE BY, CAUGHT THE PERSON IN THE ACT AND MOVED. UM, UH, WE MOVED ON FROM THAT. UM, WE'VE HAD, BECAUSE THE PROPERTY, AGAIN, IS ACCESSIBLE AND CLOSE TO, UH, SOME OF THESE AREAS, WE'VE ACTUALLY HAD THREE ACTIVE SHOOTER SUSPECTS, UM, USE THE PROPERTY AS A PLACE TO HIDE OR EVADE THE POLICE. AND THE POLICE REGULARLY COME TO ME BECAUSE I HAVE EXTERNAL SECURITY CAMERAS TO, FOR FOOTAGE TO HELP THEM IN OTHER, OTHER INVESTIGATIONS. UM, THERE HAVE BEEN A NUMBER OF OTHER THINGS, AND IN RESPECT OF YOUR TIME, YOU CAN SEE IT IN THE SLIDE, BUT THERE'S, PEOPLE JUST USE THE PROPERTY FOR, FOR THINGS THEY WANNA DO. UM, IF YOU COULD MOVE, CONTINUE ON DOWN FOR ME. THANK YOU. SO THE, AGAIN, THE, THE RENOVATION GOAL HERE IS TO TRANSITION THE PROPERTY FROM ITS COMMERCIAL PAST INTO, INTO A FULLY RESIDENTIAL HOMESTEAD. THAT'S HOW I USE IT TODAY. HAVE BEEN USING IT. UM, AND, UH, AS I SAID, IT'S BEEN, IT'S BEEN A CONTINUOUS SITE, UM, WHERE THOSE BUILDINGS ARE USED TOGETHER SINCE THE EIGHTIES. UM, THE IDEA IS TO RENOVATE IT INTO SOMETHING STILL VERY AUTHENTIC. WE'RE NOT GONNA DO ANYTHING FUSSY IN IT. WE'RE GOING TO, TO JUST ESSENTIALLY CLEAN, CLEAN, CLEAN IT UP AND REESTABLISH, UM, 33 0 3 SOUTH PRESA, UH, HAVING IT TAKE ITS PLACE IN, IN, ON THE STREET AND IN THE NEIGHBORHOOD AND ACTIVATE THAT CORNER. UM, AS WELL AS YOU CAN SEE, THE, THE OTHER INTENT HERE IS TO REDUCE CRIME, MAKE IT LESS ACCESSIBLE, UM, AND, AND REALLY GIVE OURSELVES SOME SECURITY AND, AND PRIVACY ON THIS HIGH TRAFFIC CORNER. UM, JONATHAN'S GONNA TALK YOU THROUGH SOME OF THE ELEMENTS OF WHAT'S LEADING UP TO THE REQUEST OF THE VARIANCE. UH, THANK YOU FOR HAVING ME. JONATHAN SMITH WITH, UH, SMITH DISH ARCHITECTS, UM, ROTTEN GENS, UH, ARCHITECT. WE LOVE OLD BUILDINGS. WE LOVE OLD HOUSES AND OLD BUILDINGS. AND THE, THE BUYRIGHT AUTOMOTIVE BUILDING IS, IS SUPER FUN. UH, AND SO HERE YOU CAN SEE THE EXISTING SITE PLAN, UH, NOT A LOT OF GRASS HERE. BASICALLY THE BUY RIGHT, THE COMMERCIAL BUILDING ON SOUTH PRESA, THE HOUSE, UH, ON THE UPPER LEFT. AND THEN IF YOU GO TO THE NEXT SLIDE, YOU CAN SEE WHAT WE'RE PROPOSING. WE'RE REALLY TRYING TO REORIENT THIS, UH, WILL CORRECTLY ORIENT THIS THE WAY IT'S BEEN. BASICALLY, THE HOUSE IN THE BACK WAS STORAGE FOR SPARK PLUGS AND RECORDS, UH, AND THE FRONT AREA REALLY TRYING TO HAVE THE, THE FRONT DOOR ONCE AGAIN BE ON PREA STREET. UM, AND THEN TO CREATE THIS, THIS COURTYARD BETWEEN THE TWO, THE TWO BUILDINGS THAT WILL ENCOMPASS THE SINGLE RESIDENCE, UH, FOR ROD AND JEN. NEXT SLIDE. AND HERE YOU CAN JUST GET A SENSE OF THAT. SO ON THE LOWER LEFT IS THE EXISTING, UH, INTERNAL, UH, PIECE OF BY RIGHT? AND REALLY TRYING TO MAKE THIS, YOU CAN, YOU'RE LOOKING TOWARDS PRECI STREET AND THE NEW FRONT ENTRY THERE. UH, AND IT'S THIS REALLY FUN INDUSTRIAL LOFTLIKE SPACE. NEXT SLIDE. UH, AND THEN LOOKING BACK, THAT WOULD BE LOOKING TOWARDS THE COURTYARD BETWEEN THE TWO HOUSES THROUGH THOSE DOORS. UM, AND THEN WE'D BE KEEPING, AGAIN, LEANING INTO THAT INDUSTRIAL CHARACTER OF THE ORIGINAL BUILDING, NOT TRYING TO SUPER CHANGE THIS THING UP. SO LEAVING THE GARAGE DOOR THERE, UH, WHICH WE THINK IS REALLY FUN. NEXT SLIDE. UH, AND THEN HERE IS THE SPACE BETWEEN THOSE. UH, AGAIN, IT'S, IT'S EARLY DAYS. UH, WE WANT TO GET Y'ALL'S APPROVAL BEFORE REALLY MOVING FORWARD WITH THIS DESIGN HERE, BUT THE THOUGHT IS TEARING OUT SOME OF THAT CONCRETE, BRINGING BACK SOME PLANTS, GETTING SOME STUFF TO GROW BETWEEN THESE TWO BUILDINGS. NEXT SLIDE. UH, THEN HERE'S YOUR, YOU KNOW, EXISTING CORNER OF PRESSA MITCHELL. YOU CAN SEE IT'S, UH, FAIRLY HARSH. AND THEN WE'RE BASICALLY ON THE NEXT SLIDE, JUST TRYING TO EXTEND THE WALL AND SENSE OF THE BUYRIGHT AUTOMOTIVE BUILDING ALONG THAT, ALONG THAT STREET FRONTAGE TO ENCOMPASS, UH, THE HOUSE ON MITCHELL STREET. UH, AND ON THAT MITCHELL SIDE, WE'RE ALSO PROPOSING A, YOU KNOW, DEDICATED ENTRY. SO YOU'LL BE ENTERING THROUGH A GATE THERE INTO THE COURTYARD, UH, ONTO THE PROPERTY, UM, SO THAT YOU HAVE THE ABILITY TO, UH, STILL HAVE AN ENTRY THERE. IT'S NOT AN UNI UNINTERRUPTED WALL, AND I'LL LET ROB TAKE IT FROM HERE. UM, SO I, I TOOK THE TIME TO, UH, SPEAK WITH MY NEIGHBORS AS WELL AS PRESENT IN FRONT OF OUR NEIGHBORHOOD ASSOCIATION. UM, YOU'VE SEEN, I THINK, THE LETTERS IN YOUR PACKAGE. UM, WHAT I WILL SAY IS JUST IN, I'LL READ PROBABLY THE LAST COUPLE SENTENCES HERE. IT SAYS, REALLY, AFTER REVIEWING THE CONCEPT DRAWINGS, WE BELIEVE THE REHABILITATION OF THE BUILDINGS AND THE CONSTRUCTION OF AN ENCLOSURE WILL IMPROVE THE STREET SCAPE AND WILL REDUCE OPPORTUNITIES FOR LITTER AND VAGRANCY. WE DESIRE THE IMPROVEMENTS AND BEAUTIFICATION OF THE PLAN DESIGN. THE PLAN DESIGN WILL BRING TO THIS IMPORTANT CORNER OF OUR NEIGHBORHOOD. SO THAT WAS, THAT WAS GREAT OF THEM. NEXT ONE, PLEASE. UM, I DID MANAGE TO SPEAK WITH, UM, WITH MANY OF MY NEIGHBORS, BUT NOT ALL OF THE NEIGHBORS. EVERYONE THAT I MANAGED TO SPEAK TO, UM, ENTHUSIASTICALLY TORE THE PEN OUT OF MY HAND TO, UH, SIGN THEIR NAME ON, ON, PLEASE, PLEASE DO THIS. THEY THINK IT WILL BE AN ASSET TO THE NEIGHBORHOOD. I DID NOT GET TO SPEAK TO ALL OF THE NEIGHBORS, UM, IN THE ZONE. SO AGAIN, VERY THANKFUL THAT TO MY [02:25:01] NEIGHBORS THERE. AND ONE EVEN SENT IN DOUBLE E DID IT AND SENT IN HIS OWN, UH, APPROVAL AS WELL. SO YOU CAN GO RIGHT TO THE LAST ONE PLEASE. SO, UH, NO, SORRY, JUST, UH, ONE MORE RIGHT THERE. SO, YEAH, SO AGAIN, JUST TO SUMMARIZE, THE REQUEST FOR HELP IS WE WOULD LIKE TO MAINTAIN THE PRIVACY AND SECURITY OF OUR HOME THAT WE LIVE IN TODAY. UM, THERE'S TWO ZONINGS AND ONE LOT IS AS WELL. AND I DON'T THINK IT'S THAT COMMON. UM, AND, AND SO WOULD LIKE TO REALLY UNIFY THE DESIGN OF OUR, OF OUR PROPERTY. UM, WOULD LIKE TO INVEST IN THE CORNER AND CONTINUE TO BUILD A NEIGHBORHOOD AMONG THE OTHER THINGS THAT WE DO TO SUPPORT THE NEIGHBORHOOD. UM, ROOSEVELT PARK REALLY DID UNDERSTAND THE CHALLENGE OF THE CORNER, AND ALSO IT'S A, IT'S A SOUTHERN GATEWAY CORNER FOR THE NEIGHBORHOOD AND, AND WE REALLY APPRECIATE THEIR SUPPORT AS WELL. SO WE'RE LOOKING FOR YOUR HELP IN THIS REGARD. LAST CHART, PLEASE. I WANT TO THANK YOU FOR YOUR TIME AND ESPECIALLY FOR TO CITY STAFF WHO ARE REALLY HELPFUL IN, UH, IN, IN GUIDING US IN THIS ENDEAVOR. ALRIGHT, THANK YOU. ALRIGHT, THANK YOU. UH, SO WE'LL HAVE SOME QUESTIONS, UH, AS ANY, WHO WOULD LIKE TO START? MINKA, COMMISSIONER MINKA. UH, I MUST COMMEND YOU ON THIS ONE, ON THE INVESTMENT ON THIS CORNER, AND I'M FAMILIAR WITH THAT AREA. AND, UH, YOU SAID THIS IS GONNA BE A SINGLE FAMILY DWELLING? THAT'S CORRECT. JEN AND I LIVE THERE NOW. OKAY. YOU WILL LIVE THERE, NOT A RENTER OR SUBLET? NO, WE CURRENTLY, WE CURRENTLY LIVE ON SITE AND ALWAYS HAVE AND WILL CONTINUE TO. I SEE. THANK YOU. COMMISSIONER KAPLAN, KAPLAN, JUST AS, JUST, I GUESS THIS IS FOR STAFF. UM, ARE YOU ALLOWED TO HAVE TWO ADDRESSES FOR ONE PROPERTY OR IS THAT SURE. YOU CAN HAVE ONE, UH, ALONG EACH FRONTAGE. YES, MA'AM. YOU CAN. OKAY. YES. MANNA COMMISSIONER MANNA. SO, UM, CAN YOU BRING UP THE, THE, I GUESS THE SITE PLAN, UH, WITH THE TREES DRAWN AND EVERYTHING? SO, UM, AND SO COULD YOU HIGHLIGHT THE, THE FENCING THAT WE'RE TALKING ABOUT HERE, I GUESS IN THAT PLANT? THERE YOU GO. THAT PICTURE THERE, IT'S, IT'S, UH, CLEAR IN Y'ALL'S, UH, THERE'S A CITY'S PRESENTATION. YOU CAN GO TO THAT. SO YEAH, YOU HAD THE MARKET THERE. THANK YOU. YEAH, THERE YOU GO. UM, SO THE LOCATION OF THE VARIANCE REQUEST, SO JUST TO, TO CLARIFY IN THESE HA THANK YOU. YEAH, SORRY. UH, SO THIS IS THE I D Z PORTION, AND WE'RE USING THIS WALL. WE'RE IN THE METROPOLITAN CORRIDOR, AND SO WE NEED TO, UH, SCREEN THE CARS AND WE'RE COVERING THE CARS. SO WE'RE USING THE WALL HERE IN THE I D Z PORTION. SO THE WALL RUNS HERE, HERE, HERE, HERE. OH, THE VARIANCE IS JUST IN FRONT OF THE HOUSE. OH, THE VARIANCE IS FOR THE SIDE AND THE, THE FRONT OF THE HOUSE. YEAH. AND THEN, UH, BY THE ONE PICTURE, IT LOOKED LIKE IT WAS GONNA BE A SOLID FENCE OF LIKE A, UM, YEAH, BASICALLY THE THOUGHT, IF YOU GO TO THE, THE THREE D VIEW, I THINK IT'S THE NEXT ONE, UH, WHEREVER THE LITTLE SKETCHES. YEAH, THERE YOU GO. SO THE THOUGHT HERE TO, SORRY, I KEEP DOING THAT, TO UNIFY, UH, THE PROPERTY IS REALLY TO DRAW ON THE, THE BUYRIGHT BUILDING AND BASICALLY HAVE THIS WALL, UH, FEEL IN CHARACTER WITH THAT. SO THE THOUGHT IS THAT IT'S A BASICALLY A SOLID, UH, STUCCO FENCE THAT WE'RE GONNA THEN GROW, UH, GROW VINES ON, IS THE CURRENT THOUGHT. AGAIN, WE'RE IN CONCEPT DESIGN. SO, AND THEN, UH, THE WIDTH OF THAT SIDEWALK THERE, UM, THE WIDTH OF THE SIDEWALK WOULD REMAIN. SO WIDTH IS THAT WIDTH. UM, CAN YOU GO BACK TO THE, UM, THE PLAN? WE WERE JUST ON THAT IT LOOKS LIKE BETWEEN SIX AND EIGHT FEET. THANK YOU. YEAH. SO, YEAH. SO MY QUESTION IS THAT, SO ARE YOU GOING TO, YOU'RE GONNA HAVE THIS AS TWO RESIDENCES? NO, THIS IS A SINGLE RESIDENCE WITH TWO BUILDINGS. OKAY. AND SO THINK OF IT AS WALKING THROUGH, EITHER YOU WALK INTO SOUTH, THE SOUTH PRESA ENTRY AND YOU'RE, YOU KNOW, IN THE LIVING ROOM, OR YOU WALK IN THE MITCHELL STREET ENTRY AND YOU'RE IN THE COURTYARD BETWEEN THE, YOU KNOW, THE KITCHEN AND THE DINING. IT'S JUST THAT THIS MIDDLE PORTION HERE, INSTEAD OF BEING A AN INTERIOR FOYER IS NOW A COURTYARD. OKAY. NO, THAT'S FINE. I, THEY JUST, YEAH, IT, IT'S A VERY UNUSUAL PROJECT AND WE'RE SUPER EXCITED ABOUT TRYING TO SORT OF STITCH IT TOGETHER. NO, THAT'S, THAT'S, THAT'S GREAT. UM, I HAVE NO OTHER QUESTIONS. ANYONE, ANY OTHER COMMISSIONERS? ALL RIGHT. UH, THANK YOU VERY MUCH. IS THERE ANY, ANYONE TIME TO SPEAK? ANY VOICEMAILS? NO PUBLIC COMMENT. ALL RIGHT. UM, SO WITH THAT, I'M LOOKING FOR A MOTION COMMISSIONER MANANO, [02:30:01] REGARDING CASE NUMBER BO 8 2 2 1 0 3 0 0 2 1 9. I MOVE TO THE BOARD OF ADJUSTMENT. GRANTED REQUEST FOR ONE, A TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT FENCE HEIGHT TO ALLOW A SOLID SCREEN FENCE TO BE EIGHT FOOT TALL FROM THE SIDE AND REAR PROPERTY LINES. AND TWO, A FIVE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT TO ALLOW A SOLID SCREEN FENCE TO BE EIGHT FOOT TALL ALONG THE FRONT YARD, SITUATED AT 5 6 2 EAST MITCHELL. APPLICANT BEING ROD WALLACE. BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE HAD DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE E D C AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE E D C STATES THAT THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR A FENCE HEIGHT MODIFICATION. THE PROPOSED SOLID SCREEN FENCE BEING REQUESTED IS LOCATED ALONG THE FRONT SIDE AND REAR PROPERTY LINES. HOWEVER, IT WILL NOT BE PAST THE FRONT FACADE OF THE EXISTING SERVICE GARAGE, WHICH WILL BE CONVERTED INTO THE PRIMARY RESIDENCE. IF GRANTED, STAFF FINDS THE REQUESTS WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE. B, THIS PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THE CRITERIA FOR THE CRITERIA ARE REPRESENTED BY FENCE HEIGHTS TO PROTECT RESIDENTIAL PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY. AN EIGHT FOOT TALL FENCE DOES NOT POSE ANY ADVERSE EFFECTS TO THE PUBLIC WELFARE. THE PROPERTY IS LOCATED ON THE CORNER OF SOUTH PRESA AND EAST MITCHELL, WHICH CONTAINS NUMEROUS COMMERCIAL INDUSTRIAL USES IN THE IMMEDIATE AREA. C, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE PROPERTY IS FRONTING ON BOTH A COLLECTOR STREET AND A SECONDARY ARTERIAL B STREET. THESE STREETS CLASSIFICATIONS CONSISTENTLY HAVE HEAVIER FOOT TRAFFIC AND SUBSTANTIAL VEHICLE TRAFFIC. THE FENCE WILL STRENGTHEN SECURITY IN THE, TO THE SUBJECT PROPERTY AND ADJACENT PROPERTIES. D THE SPECIAL EXCEPTION, WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE ADDITIONAL FENCE HEIGHTS DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THE SUBJECT PROPERTY IS LOCATED ON A CORNER LOT AND THE CONSTRUCTION OF AN EIGHT-FOOT FENCE, BUT ENHANCE THE ENTRANCE INTO THE NEIGHBORHOOD LOCATED TO THE WEST OF THE PROPERTY INJURY TO THE CHARACTER, UH, OF THE DISTRICT IS HIGHLY UNLIKELY. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE ESTABLISHED FOR THE SPECIAL DISTRICT, SPECIFIC DISTRICT. THE CURRENT ZONING ALLOWS FOR A MULTITUDE OF USES DUE TO THE I D Z INFILL DEVELOPMENT ZONE DISTRICT, IN WHICH IS LOCATED THE REQUESTED SPECIAL EXCEPTION, WILL NOT WEAKEN THE GENERAL PURPOSE OF THIS DISTRICT. AND A MOTION. SECOND. SECOND BY COMMISSIONER CRUZ. COMMISSIONER MANNA. SO, UM, I'LL BE VOTING IN FAVOR OF THIS. UM, UM, IT, IT SOUNDS LIKE A WONDERFUL CHALLENGE AND LOOKS LIKE YOU'RE DOING A GREAT JOB WITH REGARDS TO, UM, MOVING THIS PROPERTY INTO, UH, I GUESS A, A, A NEW USE. SO, UH, THAT'S COMMENDABLE. UM, ALSO I THINK, UH, HAVING REACHED OUT TO THE, UM, NEIGHBORHOOD ASSOCIATION IS, IS A GOOD SIGN OF YOUR COMMITMENT AS WELL AS, UH, TO THE SURROUNDING NEIGHBORS AND SEEING THAT NONE OF THEM OBJECTED TO THIS AS WELL. AND, UH, AGREE WITH YOUR PLAN. I'LL BE VOTING IN FAVOR. COMMISSIONER CRUZ? YES, I CONCUR WITH, UH, MR. MANNA, AND I THINK THIS WILL BE A GREAT PROJECT. IT'S A NICE NEIGHBORHOOD, SO IT'LL BE NICE TO SEE SOMETHING DIFFERENT IN THERE. THANK YOU. THANK YOU. UH, ANYONE ELSE LIKE TO ADD? I JUST WANTED TO SAY IT LOOKS LIKE A NEAT PROJECT AND, UH, FULL SUPPORT OF IT. SO LET'S HAVE A ROLL CALL. VOTE PLEASE. UM, UH, MR. MANNA, I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ? YES, I CONCUR. UH, MR. SPIELMAN? I CONCUR. MR. ALBERT? I CONCUR. MR. MANCHACA? I CONCUR. MR. VAZQUEZ? I CONCUR. MS. LYNN? I CONCUR. MS. KAPLAN I CONCUR. MR. ZUNIGA? I CONCUR. UH, MR. OONA, I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. THANK YOU. THANK YOU. UH, NEXT ITEM NUMBER NINE. I AM SORRY. UH, SO NUMBER NINE AND NUMBER 10 HAS BOTH BEEN, UH, POSTPONED. UM, NEXT ITEM IS NUMBER 11. ALRIGHT. OKAY. OKAY. UH, PLEASE NOTE FOR THE RECORD, COMMISSIONER ZUNA IS LEAVING FOR ITEM NUMBER 11, BO O A 2 2 1 0 3 0 0 2 2 7. ADDRESS BEING 1 5 5 MEADOW PARK COUNCIL DISTRICT SIX APPLICANT BEING SUSAN RAMIREZ. AND A REQUEST FOR A TWO FOOT FIVE VARIANCE FROM THE SIX FOOT SIDE YARD FENCE HEIGHT [02:35:01] TO ALLOW AN EIGHT FOOT FIVE INCH FENCE IN THE SIDE YARD. THE CURRENT ZONING IS R SIX. THE SUBJECT PROPERTIES LOCATED ALONG MEADOW PARK STREET NEAR THE INTERSECTION OF MARBACH ROAD AND INTERSTATE HIGHWAY FOUR 10. THE APPLICANT PULLED BUILDING PERMITS TO CONSTRUCT A SIX FOOT SOLID STREAM PRIVACY FENCE. HOWEVER, CONSTRUCTED IT AT EIGHT FOOT FIVE AT ITS TALLEST POINT UPON SITE VISITS. STAFF DID NOT OBSERVE SIGNIFICANT TOPOGRAPHICAL CHANGES IN THE IMMEDIATE AREA AND AN ALLEYWAY IN THE REAR. AND HERE'S THE SITE PLAN, THE SUBJECT PROPERTY, AND THEN THE FENCE. THAT IS THE FENCE HEIGHT MEASUREMENT AT ITS HIGHEST POINT. AND THE SURROUNDING AREAS RECOMMENDATION FOR THE FENCE TYPE VARIANCE STAFF RECOMMENDS DENIAL IN BO A 2 2 1 0 3 0 0 2 2 7 BASED ON THE FOLLOWING FINDINGS OF FACT, AT ITS HIGHEST POINT, THE FENCE IS CURRENTLY EIGHT FIVE INCHES AND TWO STAFF DID NOT OBSERVE ANY SIGNIFICANT, UH, TOPOGRAPHICAL CHANGES IN THE IMMEDIATE AREA. AND HERE IS THE NOTIFICATION PLAN. STAFF MAIL 31 NOTICES, 15 IN FAVOR, ZERO IN OPPOSITION. AND WE HAD NO RESPONSE FROM THE MEADOW VILLAGE NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF PRESENTATION AND THE APPLICANT IS HERE. THANK YOU. HELLO. HELLO, I'M SUSAN RAMIREZ, AND I HAVE LEE CAMARGO, QUINTA SPEAK ON MY BEHALF. OKAY. OKAY. HI. HI. UM, AS SHE SAID, MY NAME IS LEE CAMARGO QUINN. I'M HER DAUGHTER. SO, UM, WHY WE'RE ASKING FOR THIS EXCEPTION? SO, UM, MY MOM HAS BEEN A REGISTERED NURSE FOR ALMOST 40 YEARS. UM, THROUGHOUT HER EXTENSIVE MEDICAL CAREER, SHE'S WORKED IN SOME OF THE BUSIEST ERS IN SAN ANTONIO, WORKING 12 HOUR SHIFTS, FOUR TO FIVE DAYS A WEEK. MOST PEOPLE WHO WORK A SCHEDULE LIKE HERS DON'T TRULY LIVE IN THEIR HOMES UNTIL THEY ACTUALLY RETIRE. UM, SINCE HER RETIREMENT, UH, WHICH WAS IN 2021, UH, SHE HAS NOTICED A NEED FOR AN ADDITIONAL SAFETY AND SECURITY, UH, WHICH IS LARGELY WHY WE'RE ASKING FOR THIS EXCEPTION. UH, I CAN SEE TODAY THIS, THIS HAS BEEN A THEME, UH, SAFETY AND SECURITY TODAY. UM, WE LIVE, OR SHE LIVES IN A VERY BUSY CORNER LOT. UM, AND SO IT'S A MAIN STREET. UH, MEADOW WAY IS THE MAIN STREET. UM, HAVING THIS FENCE HELPS BUFFER THE NOISE. UM, THERE'S A CITY BUS STOP RIGHT THERE BY HER HOUSE. IT ALSO HELPS, UH, WITH THE CITY BUS STOP. A LOT OF PEOPLE LIKE TO KIND OF LADER IN THE AREA. SHE ALSO HAS AN EASTMAN RIGHT BEHIND HER. UM, NOT ONLY PEOPLE WHO ARE, UH, WAITING FOR THE BUS, UH, OFTEN WAIT BEHIND, UH, HER HOUSE, BUT ALSO, UM, OTHER, UH, PEOPLE WHO ARE HO HOMELESS MIGHT ALSO WAIT BEHIND HER HOUSE OR STAY BEHIND HER HOUSE FOR PERIODS OF TIME. UM, SHE'S HAD ITEMS STOLEN FROM HER HOME, INCLUDING TOOLS, LAWN DECOR EQUIPMENT, OUR FAMILY DOG. UH, PRIOR TO HER HAVING THIS FENCE, SHE HAD A CHAIN LENGTH FENCE, UH, THAT WAS OFTEN CUT SO THAT PEOPLE COULD GAIN ACCESS INTO OUR BACKYARD. UM, SO IT DEFINITELY PROVIDED EASY ACCESS TO THE HOME. UH, SHE'D BEEN BURGLARIZED MANY TIMES PRIOR. UM, SHE'S EVEN BEEN PHOTOGRAPHED, UH, IN HER BACKYARD, UH, AS WELL. SO, AND, AND THAT HAD HAPPENED, UM, VERY RECENTLY. UM, TO REMOVE THIS FENCE WOULD BE A, A, A HUGE FINANCIAL HARDSHIP. UM, YOU KNOW, IT'S, IT'S ALREADY BUILT, BEEN BUILT. UH, THE ABILITY TO TAKE IT DOWN WOULD BE VERY COSTLY. UM, SHE'S BEEN SAVING FOR YEARS, UH, FOR HER RETIREMENT AND HAS PUT A LOT OF MONEY INTO, UH, KIND OF BEAUTIFYING HER FENCE, UH, BEAUTIFYING HER HOME, UH, WHICH THIS IS A, A CUSTOM FENCE. AND SHE FEELS ALSO THAT SHE'S GIVING BACK TO HER COMMUNITY. UH, IT'S A VERY LOVELY FENCE. IT'S, UM, IT'S WROUGHT IRON, UH, WITH A, YOU KNOW, BEAUTIFUL WOOD. AND, UM, SHE'S TRYING TO HELP BEAUTIFY HER NEIGHBORHOOD. UM, AS YOU CAN SEE, AND I, I CAN SEE FROM ALL THE OTHER PRESENTATIONS THAT WE'VE SAT THROUGH, UH, SHE DEFINITELY HAS HER COMMUNITY'S, UH, SUPPORT. YOU KNOW, 31 NOTICES WENT OUT AND, UM, SHE'S GOT 50%, YOU KNOW, COMING BACK. UH, AND SO THE COMMUNITY IS BEHIND HER ON THIS TOO. SO THEY'RE SUPPORTING, UH, [02:40:01] HER DECISION TO MAKE, UH, THE FENT EIGHT FEET TALL. AND I WILL SAY THIS, TOO, UM, YES, THE TALLEST POINT IS EIGHT FEET, FIVE INCHES TALL. UH, BUT THE OTHER TWO, UH, BOARDS ON THE, ON THE, UH, OPPOSITE SIDES ARE LESS THAN EIGHT FEET. SO IT'S A LITTLE BIT OF A, A GROSS MEASUREMENT, UH, AS THE OTHER TWO BOARDS ON THE EXACT OPPOSITE SIDE ARE UNDER EIGHT FEET. AND I KNOW THAT THEY ARE MEASURING FOR THE, FROM THE ORNAMENTAL CAST IRON SPEAR. AND, UM, YOU KNOW, IF, IF 1% OF THE FENCE, UM, IS, IS EIGHT FOOT, FIVE INCHES, I MEAN, THE REST OF THE FENCE IS UNDER EIGHT FEET. SO JUST SOMETHING, UM, YOU KNOW, WE WANNA BRING TO YOUR ATTENTION. BUT DEFINITELY HER NEIGHBORHOOD IS BEHIND HER ON THIS. UM, SHE'S COMMITTED TO THIS PROCESS AND, AND SEEN IT THROUGH TO COMPLETION. ALL RIGHT. THANK YOU. MM-HMM. , UH, BEFORE YOU GO, UM, STAFF, ANYONE TIME TO SPEAK ANY PUBLIC COMMENTARY. UH, SO WE HAVE ONE VOICEMAIL AND ONE PERSON SIGNED UP TO SPEAK IN CRUZ. IS THAT YOU? ARE YOU MS. CRUZ? NO, I'M LEE CAMARGO QUINN. SO WHAT'LL HAPPEN IS, UH, WE'RE GONNA LISTEN TO A VOICEMAIL. WE'LL HAVE SOMEONE COME UP TO SPEAK, AND THEN WE'LL, UM, HAVE QUESTIONS. OKAY? GREAT. GREAT. THANK YOU. HI, MY NAME IS BERNARD CRUZ. I LIVE AT 1 5 1 MEADOW PARK DRIVE. AND THIS IS IN REFERENCE TO CASE NUMBER BOA 2 2 1 0 3 0 0 2 2 7 ARE THE LAST THREE. I WAS JUST SAYING I'M IN FAVOR OF MY NEIGHBOR'S REQUEST FOR A EIGHT FOOT FIVE INCH FENCE ON THE SIDE YARD. SO AGAIN, I'M IN FAVOR OF THAT. IF YOU HAVE ANY QUESTIONS, UH, PLEASE GIMME A CALL. MY PHONE NUMBER'S (210) 347-1718. AGAIN, THIS IS BERNARD CRUZ. I AM THE OWNER OF THE HOUSE AT 1 5 1 MEADOW PARK, AND I'M IN FAVOR OF 2, 2 7. THANK YOU. AND HAVE A GREAT DAY. THAT WAS ALL THE PUBLIC COMMENT. OKAY. SO, UH, WE'RE GONNA OPEN THIS UP TO QUESTIONS. AND I I WANTED TO ASK A CLARIFICATION, A COUPLE CLARIFICATION QUESTIONS. UH, SO ON THE SITE PLAN, IT SHOWS THAT THEY'RE PUTTING IN, UH, THE, THE, THE REQUESTS ALONG THE REAR, BUT BECAUSE THERE'S AN EASEMENT THERE, DO THEY, THEY GET THAT BY RIGHT. THE EASEMENT ALONE IS NOT GONNA GIVE THEM THE, THE BUYRIGHT. IF, IF THERE WAS A DRAINAGE, UM, IF IT'S A DRAINAGE EASEMENT OR SOMETHING LIKE THAT, UM, OR AN ALLEY OF WOOD. BUT EVEN THE BUYRIGHT WOULD ONLY GIVE THEM EIGHT FEET, NOT THE EIGHT FEET, FIVE INCHES. OKAY. 'CAUSE THEY HAVE THE, THE ON THE AGENDA, IT LOOKS LIKE IT'S FOR A, A VARIANCE FOR THE SIDE YARD. BUT, BUT I DON'T, I DIDN'T KNOW IF THE REAR WAS INCLUDED. IT WAS CORRECT. OKAY. I JUST, I'M, AGAIN, I PRINTED MINE FRIDAY AND I DIDN'T KNOW IT JUST, IT JUST SAYS SIDE, UH, AND THE FENCE THAT YOU CONSTRUCTED, IS IT, ARE YOU ENCLOSING, IS THE EASEMENT'S ON YOUR PROPERTY? SO YOUR FENCE IS GOING ALONG YOUR PROPERTY LINE, RIGHT? IT IS. THE EASEMENT IS NOT INCLUDED IN IT. OKAY. MM-HMM. . GREAT. I HAVE NO FURTHER QUESTIONS. ANY OTHER QUESTIONS? COMMISSIONER CRUZ? MANNA. SO QUESTION FOR, I GUESS, CITY. SO WE CAN APPROVE A FENCE GREATER THAN EIGHT FOOT IN HEIGHT, CORRECT? UM, IT JUST WON'T BE A, IT'S NOT A, UH, SPECIAL EXEMPTION, BUT YOU CAN APPROVE OVER EIGHT FEET. YEAH. AND IF IT'S OVER EIGHT, IT HAS TO BE ENGINEERED, RIGHT? YOU SAY IT ONE MORE TIME. I'M SORRY. IF IT'S OVER EIGHT FEET, DOES IT HAVE TO BE ENGINEERED OR IS THAT 10 FEET WHERE IT HAS TO BE ENGINEERED? UH, THAT'S, UH, PART OF THE PERMANENT PROCESS. ARE YOU TALKING ABOUT THE ENGINEER LETTER? YEAH, THERE WAS, THERE WAS A, THERE'S A HEIGHT WHERE YOU'RE, IT, IT, IT, IT'S A DIFFERENT, I WANT TO, I BELIEVE IT'S 10, BUT I'LL CHECK WITH RACHEL REAL QUICK AND LET YOU KNOW. OKAY. COMMISSIONER KAPLAN. AND THEN, UH, IT'S CURIOUS, JUST CURIOUS, YOU APPLIED FOR SIX FOOT FENCE AND BUILT AN EIGHT AND A HALF FOOT FENCE. HOW'D THAT HAPPEN? SO, UM, DO YOU WANT ME TO EXPLAIN THAT OR DO YOU WANNA EXPLAIN IT? GO RIGHT AHEAD. OKAY. SO, YES, UH, WE DID APPLY. WE DID RECEIVE A PERMIT. SO MY MOTHER APPLIED, SHE RECEIVED A PERMIT, UM, BECAUSE OF THE, UM, THE WAY HER, HER LAND IS, IT'S, IT'S UNEVEN LAND. AND SO THE CONTRACTOR CAME BACK TO THIS CITY AND SAID, YOU KNOW, THE LAND IS VERY UNEVEN. WE'D LIKE TO CONSTRUCT A LARGER FENCE IF POSSIBLE. AND SO HE CAME TO, LEMME SEE WHO IT WAS. UH, HE CAME TO THE DEVELOPMENT DEPARTMENT, UH, HAD A CONVERSATION WITH THEM AND THEY SAID, YOU CAN CONSTRUCT THE EIGHT FOOT FENCE. HE DID NOT GET IT IN WRITING. [02:45:01] SO THAT WAS, THAT WAS AN, AN ISSUE THAT WE HAD. HE DIDN'T GET IN, IN WRITING. OH, I'M SO SORRY. CAN YOU GO, I'M SORRY. UH, THE DEVELOP, HE WENT TO THE DEVELOPMENT DEPARTMENT, HAD A CONVERSATION WITH THE DEVELOPMENT DEPARTMENT. THE DEVELOPMENT DEPARTMENT SAID, YES, YOU CAN CONSTRUCT THE EIGHT FOOT FENCE. HE TOOK THAT BACK AS HIS APPROVAL TO DO SO, UH, CONSTRUCTED IT CODE COMPLIANCE CAME BACK AND SAID, I'M SORRY, YOU'RE NOT SUPPOSED TO DO THIS. WE SAID, WE'LL, HALT CONSTRUCTION. THEY SAID, NO, CONTINUE TO CONSTRUCT YOUR, YOUR FENCE. AND THEN YOU'LL HAVE TO ASK FOR A VARIANCE. YEAH. SO WHAT WHAT MAY HAVE HAPPENED IS, IS THAT YOU ARE ALLOWED TO, UH, YOU BUILD A SIX FOOT FENCE AS YOUR SITE SLOPES, YOU CAN HOLD THE ELEVATION UP TO EIGHT. AND THAT'S PROBABLY WHAT THE REVIEWER WAS THINKING. UH, 'CAUSE I DON'T SEE LARGE SLOPE CHANGES ON, ON GOOGLE MAPS, BUT, UH, THAT'S PROBABLY WHERE THAT CAME FROM. OKAY. UM, ALL RIGHT. ANY OTHER QUESTIONS? OH, COMMISSIONER CRUZ AND THEN MIN CHAKA. I'M SORRY. SHE SPOKE. OKAY. THANK YOU, CHAIR. UM, I JUST GOT TO, UM, WELL, I'M NOT SURE IF SHE CAN ANSWER IT OR IF IT'S FOR STAFF. UH, AND SO WAS THIS BROUGHT UP BY, BY CODE THAT Y'ALL GOT NOTIFICATION OF THE FENCE HEIGHT? IS THAT WHAT IT WAS? MM-HMM. ? I BELIEVE SO. BUT THE STAFF WOULD BE ABLE TO ANSWER THAT QUESTION FOR, FOR CERTAIN, BUT I BELIEVE IT WAS CODE. AND JUST SO YOU KNOW, WHEN YOU'RE, WHEN YOU'RE, WHEN YOU'RE ON A CORNER LOT AND YOU ASKED FOR A FENCE PERMIT, IT'S A DIFFERENT KIND OF REVIEW. IT'S A LITTLE MORE STRINGENT. RIGHT. SO THAT'S WHY I'M DOUBLE CHECKING OF WHY IT WAS BROUGHT UP TO US. BESIDES THE VARIANCE. I AM, I, I CAN SEE, BUT I CAN'T SEE OF WHY ANYTHING ELSE. RIGHT. SO COMMISSIONER MANCHACA, I'M HAVING A, TRYING TO UNDERSTAND IT A LITTLE BETTER. YOUR NEIGHBORS HAVE WOODEN FENCES AROUND YOU, AND THEY'RE SIX FOOT FENCES, AND YOU HAD A CHAIN LINK FENCE THAT APPEARS TO BE ALMOST SIX FEET IN THE BACK. SO WERE YOUR NEIGHBORS HAVING THE SAME PROBLEMS YOU'RE HAVING WITH THE WOODEN FENCES? UH, WHAT PROBLEM ARE YOU, WELL, YOU SAY THEY'RE BREAKING IN, CUTTING THE FENCE. OH, UH, WITH THE WOODEN FENCE, WITH, UH, WELL, THEY'VE HAD SIMILAR ISSUES AS WELL, UH, WITH THEFT. YEAH. WERE THEY MORE THAN YOU OR ABOUT THE SAME? 'CAUSE I WOULD SAY THAT THEY'VE HAD FOOT, I WOULD SAY THEY'VE HAD SIMILAR, BUT THIS, THE FENCE THAT WE HAVE TODAY IS NOT THE, THE TYPES OF FENCES, UH, THAT THE NEIGHBORS HAVE AROUND THEM. UM, YEAH, I SAW THAT. MM-HMM. , I'M JUST QUESTIONING THE HEIGHT. OH, OKAY. THAT'S WHAT I'M QUESTIONING. AND THE BACK LOOKED LIKE IT'S ABOUT SIX FOOT FENCE OR HIGHER MM-HMM. . AND I WAS LOOKING AT THAT. I SAID, WHY WOULD YOU HAVE MORE ISSUES THAN YOUR NEIGHBORS IF YOU HAD A SIX FOOT FENCE? UH, WHY WOULD WE HAVE MORE ISSUES THAN OUR NEIGHBORS IF WE HAVE A SIX FOOT FENCE? UM, PREVIOUSLY OR NOW? WELL, NOW IS WHAT THE ISSUE. WELL, NOW I, NOW IT'S BETTER. RIGHT. BUT PREVIOUSLY, WHEN WE HAD THE CHAIN LINK FENCE, DEFINITELY HAD MORE ISSUES. YOU COULD SEE THROUGH THE FENCE, YOU COULD SEE EVERYTHING THAT WE HAD IN THE BACKYARD. PEOPLE WOULD STOP BY AND ASK, CAN I PURCHASE THIS? YOU KNOW, ARE YOU GIVING THIS AWAY? UM, SO LOTS OF PEOPLE JUST BEING ABLE TO COME BY THAT AREA. BUT NOW IT'S EVEN MORE SECURE. I MEAN, IT'S NOT JUST A REGULAR WOODEN FENCE. IT'S A WOODEN FENCE WITH ROT IRON, IT'S, IT'S HEAVY, UH, HEAVY DUTY, MORE SECURE. UM, BUT YES, I MEAN, THE NEIGHBORHOOD TOO. UH, SAN ANTONIO IS A, IS A HIGHLY POPULATED COMMUNITY. UM, THIS, THE AREA ITSELF DOES HAVE QUITE A BIT OF CRIME. UM, AND SO WE'RE JUST DOING EVERYTHING THAT WE CAN IN ORDER TO BE SAFE AND SECURE LIKE ANYONE ELSE WOULD WANT TO BE. ALL RIGHT. ANY OTHER QUESTIONS? UH, GO AHEAD. THAT CLARIFICATION IS IT, IS AN ENGINEERED LETTER'S REQUIRED ANY TIME? IT'S OVER EIGHT FEET IN HEIGHT. OKAY. SO JUST SO IF THIS GETS APPROVED, UH, THEY'D HAVE TO GET AN ENGINEER TO, TO AT LEAST REVIEW IT, TO APPLICATION. NO, NO, NO. THAT'S A PERMITTING ISSUE. TO CERTIFY IT, TO CERTIFY THAT IT WAS, IT'S, YOU KNOW, CONSTRUCTED CORRECTLY. SO, ANY OTHER QUESTIONS? UH, OH, COMMISSIONER LYNN. UM, I'M SURE WHICH PHOTO THIS IS, I'M NOT SURE WHICH PHOTO THIS IS, BUT THE PHOTO IN THE CITY'S PAPERWORK THAT SHOWS KIND OF THE FRONT FACADE DOWN THE SIDE. MM-HMM. , UM, IT LOOKS LIKE, AND I DON'T KNOW IF THAT GAP IS THE SORT OF ALLEYWAY, BUT IT LOOKS LIKE THERE'S ANOTHER FENCE BEHIND THAT THAT'S QUITE TALL. DO WE HAVE ANY IDEA, IS THAT THE OTHER HOME BEHIND THEM? AND IF SO, I'M WONDERING HOW TALL THAT FENCE IS. DO YOU KNOW WHAT PHOTO I'M TALKING ABOUT? I, YEAH. THERE, THERE'S A, CURRENTLY THE ALLEY IS [02:50:01] NOT FENCED OFF. NO, NO, IT'S NOT. SO YOU, YOU HAVE A FENCE ON THE EASEMENT LINE. MM-HMM. , THEN THERE'S A FENCE ON THE PROPERTY LINE. BUT WHAT THEY'RE PROPOSING TO DO IS, IS NOT HAVE IT OPEN. THEY'RE, THEY'RE, THEY'RE PROPOSING, THEY, THEY BUILT AN EIGHT FOOT FENCE ALONG THE SIDE, AND THEN IT TURNS 90 DEGREES WHERE YOU'RE SEEING, ARE YOU LOOKING ON GOOGLE EARTH? NO, THAT'S IT. FENCE. I'M LOOKING. THAT'S THE, I'M LOOKING AT ONE, LOOKING AT ONE OF THE PHOTOS THAT WAS IN THE STUFF. UM, LET ME TELL, THAT'S, THAT'S IT'S NUMBER 1 0 1. THANK YOU. MM-HMM. . OKAY. OKAY. SO YEAH, ON 1 0 1, THAT'S, YEAH. IT'S, IT'S, THAT'S COMING FROM THE, THAT'S COMING FROM THE, THE FRONT CORNER OVER AND THEN IT RUNS DOWN THE SIDE PROPERTY LINE. AND THEN THERE'S A, I SEE. ARE YOU SAYING, ASKING ABOUT THAT SMALL BREAK? I'M ASKING ABOUT THE FENCE WAY IN THE BACK. IS IT, IS IT THIS ONE? YEAH. SO YOU, YOU ARE LEAVING THE ALLEY OPEN THEN? YES, YES. YEAH. WE'VE ALWAYS HAVE. YEAH. MY QUESTION WAS ABOUT THE FENCE, SORT OF BEHIND THE ALLEY AND THE NEIGHBOR BEHIND THAT. THE SECOND ONE, IT LOOKS LIKE THERE'S A FENCE OF SIMILAR HEIGHT DIRECTLY BEHIND. YEAH. YOU'RE MM-HMM. , YOU'RE LOOKING AT JOE'S FENCE. WHERE'S THE POINTER? YEAH. IF YOU, IF YOU FOLLOW THE REAR FENCE AND, AND CONTINUE THE REAR FENCE, IT DOES APPEAR THAT THERE'S ANOTHER WOOD FENCE, LIGHTER WOOD FENCE THAT, THAT'S PRETTY DARN TALL. MM-HMM. . IT'S CERTAINLY TALLER THAN SIX FEET. YEAH. IT'S, UH, IT'S DEFINITELY, LOOKS LIKE IT'S PROBABLY EQUAL TO THE EIGHT FOOT. UH, WE WILL SEE THAT IF THEY APPLY FOR A VARIANCE OR IF THEY NEED TO APPLY FOR A VARIANCE IT, THEN WE'LL MAKE SURE WE GET 'EM ON HERE. AND THEN 1 3 5 WAS, OR 1 3 0 7 CROSSED THE STREET. UM, IT, THE HOUSE THERE HAS AT LEAST A SEVEN FOOT, IF NOT EIGHT FOOT FENCE AS WELL. SO IT APPEARS WE'RE INUNDATED AT THIS INTERSECTION HERE WITH TALL FENCES. WHERE'S THE BUS STOP? THAT'S RIGHT WHERE THE ALLEY, OH, IT'S JUST RIGHT HERE. UH, THE BUS STOP IS JUST RIGHT DOWN. IT'S WHERE THE ALLEY INTERSECTS THE STREET. YEAH. RIGHT THERE. DO YOU SEE IT? THE BUS STOP IS RIGHT THERE ON THE CORNER. DO YOU SEE THE BUS STOP RIGHT THERE BY THE STOP SIGN? GOOGLE. GOOGLE EARTH IS, IT'S, IT'S LITERALLY RIGHT WHERE THE ALLEY CUTS INTO THE STREET RIGHT THERE. MM-HMM. . YEAH. THANK YOU. YEAH, YOU'RE WELCOME. OKAY. SO I MEAN, WHAT, AND JUST SO THE COMMISSION KNOWS, WE CAN APPROVE AN EIGHT FOOT ON ONE SIDE AND NOT THE OTHERS, YOU KNOW, JUST AS Y'ALL ARE THINKING ABOUT WHAT, HOW YOU'D LIKE, WHAT DIRECTION YOU'D LIKE TO MOVE IT ON. AND, AND LET ME ASK A QUICK QUESTION TOO, BECAUSE LIKE I SAID, IT'S LITERALLY 1% OF THE FULL FENCE. IT'S ONE PIECE. I MEAN, IT'S, IT'S ONE PIECE OF THE FENCE THAT'S EIGHT AND A HALF. EVERYTHING ELSE IS EIGHT FEET. IT'S A POINT. AND YOU'RE ALLOWED TO BE OVER SIX. SO WE'RE EITHER WAY STILL, AND I UNDERSTAND THAT. YEAH. YEAH. SO, UM, SINCE THERE'S NO OTHER PUBLIC COMMENTARY THERE, ANY ADDITIONAL QUESTIONS, COMMISSIONER KAPLAN? NO. OKAY. WE'RE READY FOR A MOTION THEN. COMMISSIONER KAPLAN. OKAY. THEN. REGARDING CASE NUMBER BO O A DASH 22 DASH OH 3 2 2 7, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A TWO AND A HALF FOOT TWO, UH, TWO FIVE INCH VARIANCE FROM THE SIX FOOT SIDE YARD FENCE HEIGHT AS DESCRIBED IN SECTION 35 DASH FIVE 14 TO ALLOW AN AIDEN EIGHT FOOT FIVE INCH FENCE IN THE SIDE YARD SITUATED AT 1 55 MEADOW PARK APPLICANT BEING SUSAN RAMIREZ. BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT, ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST BECAUSE, UH, THE REQUEST OF AN ADDITIONAL HEIGHT FOR FENCE WILL PROVIDE SAFETY AND SECURITY FOR THIS PROPERTY AND WILL NOT ALTER THE APPEARANCE OF THE COMMUNITY. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP BECAUSE THE APPLICANT WOULD HAVE TO ALTER OR RECONSTRUCT THE ALREADY CONSTRUCTED FENCE TO BE SIX FEET. THREE, BY GRANTING THE VARIANCE AND SPIRIT OF THE ORDINANCE WILL BE OBSERVED, AND SUBSTANTIAL JUSTICE WILL BE DONE AS THE FENCE PROVIDES UNIFORMITY WHILE MAINTAINING SECURITY WITHIN A COMMUNITY THAT ALREADY HAS A PRECEDENCE OF FENCES OVER SIX FEET, 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 USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED, BECAUSE THERE ARE OTHER FENCES IN THE IMMEDIATE AREA, WHICH IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL, [02:55:01] AND THEY'RE 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 THE LOCATION OF THE PROPERTY BEING SITUATED ON THE CORNER. LOT. END OF MOTION. IS THERE A SECOND? I'LL GO AHEAD AND SECOND IT. UM, COMMISSIONER KAPLAN? YEAH, I'M GONNA BE IN FAVOR. YOUR ENTIRE NEIGHBORHOOD SEEMS TO BE IN FAVOR OF IT. IT DOESN'T LOOK LIKE YOU DID THIS ON PURPOSE, AND THERE ARE OTHER LOT OTHER FENCES THAT SEEM TO BE AS HIGH IN THE NEIGHBORHOOD. SO, UM, I THINK IT WOULD BE SUBSTANTIAL HARDSHIP TO, UH, FINANCIAL HARDSHIP TO TAKE IT DOWN. OKAY. UM, I'M, I'M NOT OPPOSED TO THE, I MEAN, THERE'S NO POOLS. THERE'S, I DON'T SEE MAJOR ELEVATION CHANGES. UH, SO I'M, AND, AND I KNOW IT'S THIS, THE AREAS THAT GO THROUGH GOOGLE MAPS DOESN'T HAVE A LOT OF EIGHT FOOT FENCES. UH, ALTHOUGH I'M NOT OPPOSED TO HAVING ONE ALONG THE ALLEY SIDE, I'M, I'M A LITTLE, I'M A LITTLE TOUGH ALONG THE STREET SIDE THOUGH. UH, AND I, SO I DON'T CARE ABOUT THE ALLEY SIDE OR THE SIDE BETWEEN THEM AND THEIR NEIGHBOR, IF THEY EACH DON'T MIND. BUT THE ONE ON THE STREET I HAD A, I'M HAVING A LITTLE ISSUE WITH, AND I'M GONNA LOOK TO SEE WHAT MY FELLOW COMMISSIONERS HAVE TO SAY. UM, CAN I SAY SOMETHING? SURE. COMMISSIONER MACHACA. UH, I, THAT'S THE SAME DIRECTION THAT I'M GOING TO, UH, IT'S A LITTLE BIT TOO MUCH ON THE STREET SIDE, THE BACKSIDE I CAN UNDERSTAND, BUT IT'S A LITTLE BIT TOO MUCH ON THE, THE STREET SIDE, SO I WOULD CONCUR WITH THAT. ANY OTHER, UH, COMMERS LIKE TO ADD COMMISSIONER SPIELMAN? YES. UH, I, I AGREE WITH, UH, THE, THE LAST COMMENT, IT SEEMS LIKE ON THE SIDE THAT IS, YOU KNOW, JUST TOO HIGH. YEAH. I MEAN, IT LOOKS REALLY OUTTA PLACE. IT DOES NOT LOOK LIKE IT CONFORMS TO WHAT THE, I MEAN, I KNOW THAT NEIGHBORHOOD AND YOU KNOW, YOU'RE GONNA HAVE A WHOLE BUNCH OF EIGHT FOOT FENCES IN THE FRONT YARD BEFORE LONG. RIGHT. ANYONE ELSE? UH, VASQUEZ I CONCUR WITH, WITH, UH, THE TWO PREVIOUS COMMISSIONER'S REMARKS. OKAY. I'M GONNA MAKE A FRIENDLY AMENDMENT THEN TO, UH, REMOVE, UH, THE, THE, THE MEADOW. UH, WHAT IS THIS? UH, THE FENCE ALONG MEADOW? IT'S, LET ME PULL THAT MAP UP. WHAT STREET IS, IS THAT TO MOVE, UH, TO REMOVE THE FENCE ALONG MEADOW WAVE FROM BEING INCLUDED, UH, IN THE VARIANCE. SO THE, FROM COMING FROM THE SIDE OF THE HOME AND RUNNING ALONG MEADOW WAY, AND THAT THE VARIANCE ONLY INCLUDE THE REAR OF THE LOT AND THE EAST SIDE OF THE LOT. OKAY. UH, SO I AMEND THE, UH, THE, UH, THE MOTION, THE MOTION YOU ACCEPT THE, FROM THE AMENDMENT TO MAKE THE FENCE ALONG. WHAT IS IT? NAME MEADOW. UH, TO, TO REMOVE THE ALONG MEADOW WAY TO REMOVE THE EIGHT AND A HALF FOOT, EIGHT FOOT, FIVE FOOT FENCE ALONG MEADOW WAY. BRING THAT DOWN TO SIX FEET. MM-HMM. AND, AND ONLY KEEP THE REAR AND THE EAST SIDE AND KEEP THE REAR. AND WAIT A MINUTE. HOLD ON A SECOND. NOW WAIT, WAIT, SECOND. WAIT, I, I HAVE A QUESTION. I'LL LET BRIEFLY, YOU, YOU WANNA HAVE THE EIGHT FOOT FENCE IN THE BACK, BUT THEN IN THE FRONT AND ON THE SIDE HAVE IT YES. TO BE SIX FOOT FENCE. THIS IS GOING TO, THIS IS, YES. THAT IS WHAT, OKAY. SO WE, WE DON'T TAKE QUESTIONS AT THIS POINT, BUT JUST, I'LL JUST GIVE YOU A BRIEF EXPLANATION. UM, YOU'VE, THERE'S A NUMBER OF COMMISSIONERS WHO ARE AGAINST GIVING IT TO YOU THERE. SO YOU, IT, IT'S, THIS WILL MOST LIKELY BE A COMPLETE NO. OR RIGHT, OR IT COULD BE, UM, A PARTIAL. SO THAT'S WHERE WE'RE GOING WITH THIS. SO DO YOU ACCEPT, DO YOU ACCEPT MY FRIENDLY AMENDMENT? I, I I ACCEPT YOUR FRIENDLY AMENDMENT. OKAY. SO THE MOTION HAS BEEN AMENDED AND, UH, DOES NOT INCLUDE AN EIGHT FOOT FENCE ALONG MEADOW WAY OR IN THE FRONT. IT'S ONLY ON THE REAR AND THE EAST SIDE. UM, ANY OTHER ON THE REAR AND THE SIDE, EAST SIDE BETWEEN YOUR EV EVERYTHING BUT THE, THE, IT'S ALONG MEADOW. ALL RIGHT. IS THERE ANY OTHER COMMISSIONER COMMENTARY ON THIS? SEVERAL WILL CALL VOTE. OKAY. UM, MS. KAPLAN, I CONCUR WITH THE FINDINGS OF FACT. UH, MR. SPIELMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. ALBERT. I CONCUR. MR. MANCHACA? I CONCUR. MR. VASQUEZ. I CONCUR. MS. CRUZ? YES, I CONCUR. UH, MR. MANA, I CONCUR WITH THE FINDINGS OF FACT. MS. LYNN. I CONCUR. UH, MR. ZUNIGA. OKAY. OKAY. LET ME, UH, I REPRESENT THAT. NO, I REPRESENT THAT DISTRICT. LACK OF . YOU SPEAKING TO THE MIC, PLEASE. THE, THE THING IS THAT I, CAN YOU SPEAK INTO YOUR MIC, MR. ZUNIGA? YEAH. ONLY HAVE YOU ASKED, YOU HAVE TO HOLD IT DOWN, PLEASE. YES. AND, UH, THE ONLY THING THAT I'M GONNA SUGGEST TO YOU IS TALK TO YOUR, [03:00:01] UH, CONTRACTOR. UH, I KNOW THE AREA. I KNOW THIS IS BEAUTIFIED, THE AREA COMMISSIONER SECURITY. YES, SIR. BUT I MEAN, IT, IT, IT, IT'S HARD FOR ME TO VOTE FOR IT, BUT I WILL, BUT TALK TO YOUR CONTRACTOR. SO HOW DO YOU VOTE? THANK YOU. NOW, IS THAT A YES OR A NO? YES. YES. OKAY. SO PLEASE CONT CONTINUE ON THE ROLL CALL. CAN YOU, UH, MR. ARIZONA? YES, I CONCUR. UH, CHAIR ORIAN AND I ALSO CONCUR A MOTION PASSES UNANIMOUSLY, UH, AS AMENDED. SO NOW, NOW THAT WE'VE VOTED, SO DO YOU UNDERSTAND WHAT WE VOTED ON? I, I DO UNDERSTAND WHAT YOU VOTED ON. OKAY. SO, SO, AND I'M GONNA ASK THAT THERE IS AN APPEAL PROCESS OR A NEXT STEP FOR US. UH, UH, YOU CAN GO TO DISTRICT COURT, I THINK. I GUESS THAT'S WHAT WE'LL BE DOING. SO YOU HAVE, THANK HAVE, UH, IF YOU HAVE ANY QUESTIONS YOU CAN TALK TO STAFF ABOUT. I WILL. THANK YOU. ALL RIGHT. ITEM 12. OKAY, UH, BO O 8 2 2 1 0 3 0 0 2 2 8. LOCATED AT 1615. SANITA, UH, COUNSEL, DISTRICT NUMBER THREE, APPLICANT BEING AN ASSIGN, UM, A REQUEST FOR A ONE FOUR FOOT TWO INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE, SIDE BACK PROPERTY TO ALLOW A STRUCTURE TO BE 10 INCHES FROM THE SIDE PROPERTY LINE. AND TWO, A FIVE FOOT VARIANCE FROM THE 15 FOOT CLEAR VISION AREA TO ALLOW A FENCE TO BE 10 FEET FROM THE DRIVEWAY. UM, ZONING'S, CURRENTLY, R SIX RESIDENTIAL SINGLE FAMILY. UM, THE SUBJECT PROPERTY IS CURRENTLY LOCATED ON SANTA STREET, AND IT CURRENTLY HAS A SINGLE FAMILY HOME IN THE LOT. THE APPLICANT'S PROPOSING A CARPORT TO BE SIX INCHES FROM SITE PROP FROM THE SITE PROPERTY LINE, AND THE APPLICANT CONSTRUCTED A CARPORT WITHOUT PERMIT, AND A CODE ENFORCEMENT INVESTIGATION WAS INITIATED ON 7 18 20 22. UPON SITE STAFF VISIT, UM, STAFF DID NOT OBSERVE SIMILAR STYLE CARPORTS THAT WERE AT IN THE AREA AND THAT WERE GRANTED TO THE VARIANCE. UM, ADDITIONALLY, UH, STAFF OBSERVED DEFENSE AND ENCROACHED INTO THE CLEAR VISION REQUIREMENT BY FIVE FOOT. UH, UH, DEFENSE MEASURE 10 FEET FROM THE CURVE. UM, SO THAT IS THE SITE PLAN, UM, THAT WAS PROVIDED BY THE APPLICANT. UM, THAT IS THE SUBJECT PROPERTY ITSELF. YOU CAN KIND OF SEE THE CARPORT ON THE RIGHT HAND SIDE. I BELIEVE THE NEXT PICTURE HAS A BETTER ONE. THERE YOU GO. THERE IT'S, UH, SO THAT IS THE, THE CARPORT THAT IS CURRENTLY AT THAT HOME. NOTICE THAT IT IS ALSO ATTACHED, UH, MEASURE FROM THE OVERHANG, UM, UNDERNEATH THE CARPORT. AND THEN SOME OF THE CLEAR VISION ISSUES WE FOUND. UM, SO FOR THE SIDE PROPERTY SETBACK VARIANCE, THE STAFF RECOMMENDS NOW WITH AN ULTRA RECOMMENDATION FOR THREE FEET FOR THE SIDE PROP SIDE SETBACK IN BO O 8 22, 100 0 3, UH, 0 2 2 8. BASED ON FOLLOWING FINDINGS OF FACTS, UM, THE SUBJECT COULD CREATE WATER RUNOFF ONTO THE NEIGHBORING LOT, AND NO OTHER SIMILAR STYLE CARPORTS WERE IN THE AREA. AND THEN FOR THE ATION VARIANCE, UH, THE REC STAFF MAKES APPROVAL BO 8 22 1 0 3 0 0 2 2 8. BASED ON THE FOLLOWING FINDINGS OF FACT, UH, THERE ARE SIMILAR STYLE OF FENCES IN THE AREA WITH SIMILAR CLEAR VISION ENCROACHMENTS IN THE SURROUNDING AREA. UH, IN A NOTIFICATION PLAN, THERE WERE 32 NOTICES SENT OUT. THERE WAS ONE IN FAVOR, THAT IS THE IMMEDIATE NEIGHBOR TO THE RIGHT, AND THERE WAS ONE IN OPPOSITION. THAT IS THE TWO HOUSES DOWN FROM THE SUBJECT PROPERTY. AND THERE IS NO RESPONSE FROM THE VEHICLE TODO HOMEOWNERS ASSOCIATION, AND THE APPLICANT IS PRESENT. JUST TO MAKE SURE WE'RE CLEAR, THAT THERE'S A SWING GATE. THE SWING GATE IS WHAT'S IN QUESTION ON THE CLEAR VISION. YES. AND THEN ON THE, AND, AND THE I AND THE ITEM THAT'S, THAT'S, UH, 10 INCHES FROM THE SIDE PROPERTY LINE IS A POST FOR THE CARPORT? YES. THAT'S FROM THE ACTUAL POST. OKAY, FANTASTIC. THANK YOU. UM, IS THE APPLICANT PRESENT? YES. ALRIGHT. IF YOU COULD PLEASE STATE YOUR, YOUR NAME AND TELL US ABOUT YOUR CASE. HI, I AM NETTE SIGNS. UM, MY NEIGHBOR NEXT TO ME, HE CAME OVER AND SAID THAT MY CARPET WAS OKAY. HE WAS, HE AGREED WITH IT. AND, UM, THE ONLY THING THAT I FOUND THAT WOULD BOTHER HIM WOULD BE THE GUTTERS, WHICH I, I'M GONNA PUT GUTTERS ON IT. OKAY. BUT OTHER THAN THAT, I DON'T, I I DON'T SEE ANYTHING ELSE THAT'S WRONG. OKAY. UM, WELL, YOU KNOW, UH, WE USUALLY, UH, WHEN THE WORD GUTTERS COME UP, WE, WE DO ASK IF YOU WOULD LIKE TO FORMALLY AMEND YOUR APPLICATION TO INCLUDE GUTTERS. UH, YOU CAN CERTAINLY DO SO WHILE YOU'RE AT THE PODIUM. OKAY. UM, SO YOU WOULD HAVE TO ACTUALLY MAKE THAT STATEMENT FOR THE RECORD? YES. I'LL APPROVE GUTTERS. I'LL PUT 'EM. YOU'LL YOU'RE AMENDING YOUR APPLICATION TO INCLUDE GUTTERS? YES. ALRIGHT. UH, SO WITH THAT, LET'S GET THAT OUT OF THE WAY. UM, SO YOU HAVE AN ISSUE WITH THE, WITH THE, UH, ENCROACHMENT OF THE CARPORT AND THEN ALSO THE GATE. CAN YOU TELL US ABOUT THE GATE? UH, WHAT, WHAT GATE? UH, THERE'S A WROUGHT IRON SWING GATE THAT LOOKS LIKE IT CLOSES OFF THE DRIVEWAY. THAT WAS WITH, CAME [03:05:01] WITH THE HOUSE. I DIDN'T MESS WITH ANYTHING. I BOUGHT IT LIKE THAT. OKAY. STAFF, UM, IF THAT WAS A, IF THAT WAS A, AN EXISTING GATE, IS THERE ANY SORT OF, UM, UH, EXCEPTION FOR THAT? IF SHE COULD SHOW WHEN IT WAS CONSTRUCTED? YOU MEAN THE NONCONFORMING USE GATE OR? NO, UNFORTUNATELY, NO. IT, IT MEANS SHE'S HERE NOW SO SHE CAN, OKAY. YEAH. MM-HMM. . SO WHAT, SO WHAT HAPPENS IS, UM, UH, WHEN THEY WERE, WHEN, WHEN THIS WAS GOING WELL, THIS A CO COMPLIANCE. OKAY. SO WHEN CODE COMPLIANCE WENT OUT THERE AND CITED FOR THE CARPORT, THEY NOTICED THE GATE. UH, AND SO REGARDLESS OF WHEN IT WAS BUILT, UM, IT'S, IT'S BEING INCLUDED ON THIS VARIANCE APPLICATION BECAUSE IT IS SOMETHING THAT NEEDS THAT, THAT'S ALSO A CODE ISSUE. WHAT'S WRONG WITH THE GATE? OH, IT CAN'T, YOU CAN'T HAVE, UM, ANY SORT OF A FENCE. UM, LIKE THAT SWING GATE FENCE ON YOUR DRIVEWAY THAT CLOSE TO THE STREET. I KNOW IT, IT PROBABLY HAPPENS, UH, OFTEN, BUT IT'S NOT, HOW FAR DOES IT HAVE TO BE? UH, 15? IS IT 15 OR YOU, ARE YOU IN A CORNER LOT? NO. OKAY. 15. IT'S, UH, 15 FEET. 15 FEET. SO RIGHT NOW THEY MEASURED, UM, IT WAS 10 FEET AWAY FROM THE DRIVEWAY. AND SO YOU, UH, OKAY. 'CAUSE I PUT ANOTHER GATE WHERE THE CARPORT IS SO MY DOGS WON'T GET OUT. AND THEN I HAVE A, UM, ONE, STEPH, CAN YOU BRING THIS UP ON GOOGLE MAPS PLEASE? OKAY. ALSO, DOES IT MATTER IF THE GATE SWINGS IN OR OUT? DOES THE GATE DOES A, DOES THE WRT IRON GATE? UM, IT'S NOT A DOES WHAT? I HAVE A WRT IRON GATE GATE, THE BLACK METAL GATE. DOES IT SWING IN AT ALL OR DOES IT ONLY SWING OUT? BOTH. OKAY. DOES SWING BOTH. OKAY. UHHUH , BUT I NORMALLY HAVE IT OPEN. I DON'T MESS WITH IT. YEAH. SO THERE IS A DOUBLE GATE. THERE'S A CHAIN LINK. MM-HMM. . AND THEN THERE'S A ROD IRON STAFF. CAN YOU BRING THAT UP ON GOOGLE? UM, OH, YOU ARE? OKAY. I'M SORRY. OH, HERE WE GO. YEAH, IT'S BRINGING THE STREET VIEW, IF YOU CAN. IS THERE ANY, UH, OTHER, WHILE WE'RE WAITING, IS THERE ANOTHER QUESTION FOR THIS? UH, APPLICANT COMMISSIONER MANANA. COMMISSIONER MANOR. SO, SO ON THIS MAP HERE, IT DOES SHOW AN X ON A NEIGHBOR. THAT IS AN OBJECTION. UM, THAT IT'S LIKE TWO HOUSES DOWN. DO, DO YOU KNOW WHAT THAT HOUSE IS? BECAUSE IT LOOKS LIKE IT'S A GIANT PARKING LOT. IT'S RIGHT NEXT TO THE RED HOUSE. YES. SO DO YOU KNOW WHAT THAT, THAT HOUSE IS? 'CAUSE IT LOOKS LIKE IT'S A PARKING LOT WITH LIKE 30 CARS IN THE BACK OF IT AND TRUCKS AND EVERYTHING WITH PUT FENCE. HE HAS A FENCE OVER HIS HOUSE? YES. THAT I DON'T KNOW WHY NOBODY HAS A RIVER COMPLAINT AND I MAKE A CARPORT AND HE COMPLAINS. OKAY. YEAH. SO I'M SURE THE CITY'S GONNA ADDRESS THIS ONE. RIGHT? CAN YOU PUT THAT ON YOUR, UH, I REPORTED BECAUSE I MEAN, HE LOOKS LIKE HE HAS AN EIGHT FOOT FENCE AND HE HAS A CHAIN LINK IN THE SAME POSITION THAT SHE HAS THE, THE WR IRON? YES, DEFINITELY. MM-HMM. WE'LL HAVE SOMEONE TAKE A LOOK AT IT AND THERE IS ABOUT 30 CARS BACK THERE AND 30 CARS IN THE BACK WITH TRUCKS AND OVERSIZED VEHICLES. YEAH. THAT'S WHY HE HAS THE FENCE THAT HIGH. HE WOULDN'T WANT NOBODY OVER THERE. ALL RIGHT. SO, WELL, TO SIT HAD THE CITY ADDRESS THAT. WOW. HE HAS A SHOP. SHOP. . UH, WOW. OKAY. ANY OTHER QUESTIONS? YES. UH, WHICH FENCE WERE YOU TALKING ABOUT? THE ONE WHERE THE STAR IS, OR THE ONE THAT'S, SO THE, THE, THE, THE, UH, WR IRON, THE BLACK FENCE IS TOO CLOSE TO THE STREET, SO THAT OKAY. I CAN JUST TAKE OUT THAT GATE BECAUSE I DON'T USE IT. I DON'T, I DON'T CLOSE THEM. YEAH. I MEAN, THAT WOULD MAKE IT GO AWAY. YEAH. SO, ALL RIGHT. SO THAT TAKES CARE OF THAT. UM, WITH REGARD TO THE CARPORT THOUGH, ARE THERE ANY OTHER QUESTIONS FOR THE APPLICANT? UM, COMMISSIONER GAFF, IF, IF, IF YOU PUT THE, UH, GUTTERS IN, WILL THAT TAKE CARE FROM THE NEIGHBOR'S PROPERTY? UM, IN OTHER WORDS DOES, YOU'LL SLOPE IT DOWN TO YOUR DRIVEWAY. MM-HMM. , SO THE WATER RUNS DOWN YOUR DRIVEWAY. MM-HMM. . OKAY. OKAY. ANYTHING ELSE? COMMISSIONER? SO COULD YOU CLARIFY THAT AGAIN ON THE GATE? WE, WE DIDN'T GET IT. YEAH. SHE, SHE IS SAYING THAT SHE COULD TAKE THE, THE TWO SWINGING PORTIONS OF THE BLACK GATE THAT, THAT THE CITY HAS UP. UM, THAT'S WHAT'S CAUSING THE CLEAR VISION ISSUE. AND SO SHE IS, UH, THE APPLICANT HAS STATED THAT SHE COULD JUST TAKE THOSE OFF. JOSEPH, CAN YOU GO AHEAD AND POINT TO THOSE ON THE MAP WITH THE POINTER SO THEY CAN SEE WHERE WE'RE TALKING ABOUT THE TWO BLACK DOORS? YEAH, THAT ONE. SO THAT ONE, AND THEN THE ONE ON THE OTHER SIDE. THAT ONE, YEAH. MM-HMM. . YEAH, [03:10:01] I CAN TAKE THOSE OFF. I MEAN, I, I ALWAYS HAVE 'EM OPEN EITHER WAY. AND IF A LINEAR GATE WAS PUT IN, WOULD THAT RESOLVE, THAT WOULD, WOULD IT STILL BE AN ISSUE THEN? LIKE A, A SLIDING GATE WOULD STILL BE A PROBLEM? YES. THEY, SHE WOULD STILL NEED THE OKAY. SO ANY WOULD BE A PROBLEM. OKAY. IT'S THE PROXIMITY TO THE PROPERTY LINE. MM-HMM. . RIGHT. OKAY. SO IS THERE ANY OTHER COMMENTS, QUESTIONS? AND THE REASON I PUT MY GATE WAS BECAUSE I DIDN'T HAVE A CARPORT AND I GOT DAMAGED, BAD WEATHER, AND THEN MY DOGS DIDN'T HAVE NOWHERE, YOU KNOW, TO GO, I DON'T HAVE NO TREES IN THE BACK OR ANYTHING. I UNDERSTAND. JUST IN THE FRONT, IF THERE'S NOTHING ELSE, HAVE A, UH, I'M LOOKING FOR A MOTION MANANA. COMMISSIONER MANNA, REGARDING CASE NUMBER B O A 2 2 1 0 3 0 0 2 2 8. I MOVED THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE, A FOUR FOOT, TWO INCH VARIANCE WITH, UH, FROM THE FIVE FOOT MINIMUM SIDE PROPERTY SETBACK TO ALLOW A STRUCTURE TO BE 10 INCHES, UH, FROM THE SIDE PROPERTY LINE, INCLUDING GUTTERS, UM, SITUATED AT 1 6 1 5 SANTA RITA, UH, STREET, APPLICANT BEING, UH, ANNA SONS. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN A NECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THE STRUCTURE WILL MEET THE FRONT AND REAR SETBACK REQUIREMENT AND DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC ENGINES. UH, TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF FINDS A NECESSARY HARDSHIP, UH, SINCE THE LOT IS TOO SMALL TO ALLOW THE DEVELOPMENT OF A STRUCTURE WITH A SETBACK. UH, THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS IF THERE IS REASONABLE SPACE BETWEEN THE STRUCTURE AND NEIGHBORING PROPERTIES. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATIONAL USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO OTHER USES, UH, OTHER THAN THOSE ALLOWED WITHIN DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF A CHASS PERFORMING PROPERTY, OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED. STAFF DOES NOT FIND EVIDENCE THAT THE REQUESTED VARIANCES WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. THE VARIANCES ARE SOUGHT DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE SIZE AND LOCATION OF THE LOT. THE VARIANCE REQUEST IS NOT MERELY FINANCIAL. END OF MOTION. COMMISSIONER KAPLAN SECONDS. COMMISSIONER KAPLAN SECONDS. COMMISSIONER MANU. UM, YES, I'LL BE, UM, UM, APPROVING THIS AS, AS IS AMENDED. ESSENTIALLY, THE APPLICANT HAS STATED THAT SHE'S GONNA BE REMOVING THE FENCE OR THE, THE, THE GATES. SO, SO I THINK, UH, THAT SAID, UH, UM, EVERYTHING ELSE, UH, I'LL BE APPROVING AS READ. COMMISSIONER KAPLAN. YEAH. AND THE NEIGHBOR DOESN'T SEEM TO MIND, SO I'LL, I'LL BE IN FAVOR. IT ALSO, ANY OTHER COMMISSIONERS YOU'D LIKE TO ADD? HEARING NONE THIS HAVE A ROLL CALL. VOTE PLEASE. UH, MR. MANNA, I CONCUR WITH THE FINDINGS OF FACT, MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. ALBERT. I CONCUR. MR. MANCHACA. I CONCUR. MR. VAZQUEZ. I CONCUR. MS. CRUZ. I CONCUR. MS. LIN. I CONCUR. UH, MR. ZUNIGA? I CONCUR. UH, MR. OZ? YES, I CONCUR. COMMISSIONER ORIAN. I ALSO INCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. IF YOU HAVE ANY QUESTIONS, YOU CAN WELL TALK TO STAFF. THANK YOU. APPRECIATE, THANK YOU. UH, ITEM 13, PLEASE. OKAY. OKAY, BO, A 2 2 1 0 3 0 0 2 2 9. ADDRESS IS 4 7 0. SHARON DRIVE COUNCIL DISTRICT ONE APPLICANT BEING GAIL WISE, AND A REQUEST FOR A TWO FOOT FOUR VARIANCE FROM THE SIX FOOT SIDE YARD FENCE SITE TO A, TO ALLOW AN EIGHT FOOT FOUR FENCE IN THE SIDE YARD TO A NINE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENTS TO ALLOW AN ATTACHED CARPORT WITH OVERHANG TO BE FOUR FOOT THREE INCHES FROM THE SIDE PROPERTY LINE. AND LASTLY, THREE, A VARIANCE FROM THE MAXIMUM 50% IMPERVIOUS COVER REQUIREMENT TO ALLOW THE FRONT YARD TO EXCEED THE 50% IMPERVIOUS COVER. AND THE ZONING IS R FIVE. THE SUBJECT PROPERTY IS LOCATED ALONG SHARON DRIVE, NEAR THE INTERSECTION OF JONES MALTSBERGER [03:15:01] AND US HIGHWAY 2 81 NORTH. THERE IS AN EXISTING SINGLE FAMILY DWELLING ON THE PROPERTY. THE APPLICANT CON CONSTRUCTED AN EIGHT FOOT FOUR FENCE IN THE SIDE YARD WITH, IN THE SIDE YARD WITHOUT OBTAINING PROPER PERMITS. UPON SITE VISITS CONDUCTED BY A STAFF, A CARPORT WAS OBSERVED AND ENCROACHING TO THE SIDE SETBACK AT FOUR FOOT THREE INCHES, WHERE A MINIMUM OF FIVE FEET IS PERMITTED. ADDITIONALLY, THE IMPERVIOUS COVER EXCEEDS THE MAXIMUM 50% COVER REQUIREMENT IN THE FRONT YARD. ALRIGHT, AND HERE IS THE SITE PLAN, THE SUBJECT PROPERTY, THE FENCE AND CARPORT FENCE HEIGHT MEASUREMENT, THE CARPORT SETBACK MEASUREMENT, OVERHANG, THE IMPERVIOUS COVER AND THE SURROUNDING AREAS. STAFF RECOMMENDATION FENCE HIGH AND IMPERVIOUS COVER VARIANCES. STAFF RECOMMENDS DENIAL AND BO O A 2 2 1 0 3 0 0 2 2 9 BASED ON THE FOLLOWING FINDINGS OF FACT, THERE ARE NO OTHER EIGHT FOOT FENCES FOUND IN THE IMMEDIATE AREA. TWO FINITE REQUIREMENTS ARE INTENDED TO PROVIDE SAFETY AND UNIFORMITY. AND LASTLY, THREE. IMPERVIOUS COVERAGE LIMITATION MAINTAINS THE MANAGEMENT OF STORM WATER BY LESSENING RUNOFF. STAFF RECOMMENDATION SIDE, STEPBACK VARIANCE STAFF RECOMMENDS APPROVAL AND A 2 2 1 0 3 0 0 2 2 9 BASED ON THE FOLLOWING FINDINGS. OF FACT, THE DISTANT PROVIDES ADEQUATE SPACING AND ABIDES BY THE FRONT SETBACK REQUIREMENT. AND TWO, THE CARPORT DOES NOT ENCROACH ONTO THE NEIGHBORING PROPERTIES AND DOES NOT POSE A HAZARD TO NEIGHBORING STRUCTURES. AND HERE'S THE NOTIFICATION PLAN. STAFF MAILED OUT 21 NOTICES. STAFF RECEIVED TWO IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM THE SHER HILLS RICHFIELD RIDGEVIEW RICH VIEW ASSOCIATION. AND THIS CONCLUDES THAT PRESENTATION AND THE APPLICANT IS PRESENT. THANK YOU. OKAY, THANK YOU. AND BEFORE YOU GO, CAN, JUST REALLY QUICKLY ON THE IMPERVIOUS COVER ISSUE, UH, WERE YOU THE, WERE YOU THE STAFF MEMBER THAT WAS AT SITE? WERE YOU AT THE PROJECT SITE? OH, AT THE SITE VISITS, YES. AND DID, DID THE CONCRETE, DO YOU RECALL IF THE CONCRETE LOOKED AGED LIKE IT HAD BEEN THERE A WHILE? IT DID. OKAY. MM-HMM. , THAT'S, I I I COULD ONLY GO BACK TO 2007 ON, ON GOOGLE, BUT I WAS JUST, I WAS JUST WONDERING WHAT YOUR THOUGHTS WERE. ALRIGHT, THANK YOU. UH, IS THE APPLICANT HERE? YES. OH, ALRIGHT. UH, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE. HELLO. I KNOW YOU GUYS ARE AS TIRED AS I AM, . UM, HEY, CAN YOU BRING, CAN YOU BRING THE MIC DOWN? JUST A, A HAIR. OH, SORRY. THANKS. OKAY. EVERYBODY CAN HEAR. UH, MY NAME IS GAIL WISE. UM, THE OWNER OF THE PROPERTY AT FOUR SEVEN OH SHARON DRIVE. UH, IT'S INTERESTING THAT YOU ASKED ABOUT THE AGE OF THE CONCRETE. TWO NEIGHBORS WHO LIVED ACROSS, WHO LIVE ACROSS FROM ME, UH, TOLD ME THAT THE CONCRETE WAS THERE AT THE TIME THAT THEY PURCHASED THEIR HOMES 30 YEARS AGO. SO IT'S BEEN THERE FOR MORE THAN 30 YEARS. I BOUGHT THE HOUSE SIX AND A HALF YEARS AGO. I, I WAS STUNNED WHEN I GOT THIS ADDED ON TO THE VARIANCE REQUEST THAT I WAS SEEKING, WHICH WAS FOR THE EIGHT FOOT FENCE. UM, I CAN TELL YOU RIGHT NOW, IF I'M FORCED TO REMOVE THAT AND REBUILD THAT, IT WILL BE A HUGE, UH, FINANCIAL BURDEN, UH, TO ME. AND OBVIOUSLY I HAD NOTHING TO DO WITH BUILDING THAT OR PLACING IT THERE. SO THAT'S ALL I'LL SAY ABOUT THAT. DID STAFF EXPLAIN WHY THEY DID IT? PARDON ME? DID STAFF EXPLAIN TO YOU WHY THEY ADDED IT ON THERE? JUST THAT IT'S IMPERMEABLE THAT THE CODE SAYS YOU CAN'T HAVE IT. AND IF THE, IF THE CONCRETE PREDATES THE CODE YOU'RE IN, YOU'RE IN A NON-CONFORMING USE. BUT IT'S STILL ALLOWED. SO IT'S VERY COMMON FOR STAFF WHEN THEY SEE THINGS THAT MAY BE ALLOWED. THEY, THEY JUST ADD IT ON MM-HMM. JUST TO TRY TO UNIFY THE CROWN, YOU KNOW, TO KINDA KEEP IT JUST IN CASE YOU'LL BE, IF IT GETS APPROVED TODAY, YOU'LL BE COVERED FOREVER. WELL, AND ACTUALLY JOSEPH DID TELL ME, HE SAID, GAIL, YOU'RE REALLY FORTUNATE THAT WE ADDED THIS ON BECAUSE IT MEANS THAT SOMEBODY ELSE WON'T COME, COME ALONG LATER AND, AND, UH, COME AT YOU FOR THAT. SO, CORRECT , PLEASE CONTINUE. I'M SORRY TO INTERRUPT. YEAH. UM, IT WAS MENTIONED THAT TWO, UH, NEIGHBORS RESPONDED POSITIVELY OR IN SUPPORT OF THE REQUEST FOR VARIANCE. AND I ACTUALLY SUBMITTED A LETTER SIGNED BY SEVEN OF MY NEIGHBORS BACK IN SEPTEMBER. AND I ASKED JOSEPH WHETHER OR NOT HE HAD SEEN [03:20:01] THAT WITH THE VARIANCE REQUEST PACKAGE. HE SAID HE DID HAVE IT, BUT I DON'T KNOW WHY IT WASN'T INCLUDED. BUT NONE OF MY NEIGHBORS HAVE, UH, OBJECTED. AND I DO HAVE SIGNED SIGNATURES SAYING THAT THEY ARE IN FAVOR OF THE VARIANCE BEING, UH, GRANTED. UM, LET ME GET TO MY NOTES HERE AND MAYBE I CAN MAKE SOME SENSE. THE REASON THAT I WANTED TO BUILD AN OVERSIZED FENCE, AND OBVIOUSLY I'M FAR MORE, UH, KNOWLEDGEABLE OF THE CODES AND LAWS AND SO ON AND SO FORTH THAN NOW TODAY THAN I WAS WHEN I DECIDED TO BUILD THE EIGHT FOOT FENCE. UM, IT WAS NOTED ON THERE THAT I LIVE CLOSE TO THE INTERSECTION OF JONES MALTSBERGER AND HIGHWAY 2 81, AND IT'S REALLY RIGHT AT THE INTERSECTION OF HIGHWAY 2 81 AND QUARRY MARKET. AND THE TRAFFIC THROUGH THERE IS JUST REALLY HEAVY AND THE NOISE IS REALLY, UH, DISTURBING. UH, AFTER I BOUGHT THE HOUSE AND STARTED TRYING TO USE MY BACKYARD, I FOUND THAT IT WAS UNCOMFORTABLE MOST OF THE TIME TO BE IN THE BACKYARD BECAUSE OF THE NOISE. AND I WAS HOPING WITH THAT FENCE TO GET SOME, UH, NOISE ABATEMENT. UH, AND THAT'S THE REASON THAT I CHOSE TO BUILD IT AS HIGH AS I DID. THE FENCE DID REPLACE AN EXISTING FENCE THAT WAS IN EXTREME DISREPAIR. IT WAS WOOD, IT WAS ROTTING. UM, THE FENCE THAT'S THERE NOW THAT I BUILT, UH, IT'S STEEL POSTS SUNK THREE FEET IN THE GROUND IN CONCRETE. UM, IT, IT'S, IT'S A LOVELY FENCE. UM, AND I DID TALK TO MY NEIGHBORS PRIOR TO CONSTRUCTION AND SEVERAL OF MY NEIGHBORS MADE TRIPS OVER TO WATCH THE CONSTRUCTION AND, AND SO ON AND SO FORTH. AND THERE WAS ABSOLUTELY NO OBJECTION BEFOREHAND TO WHAT I WAS DOING. SO I DID MAKE AN EFFORT ON THAT PART, YOU KNOW, TO WORK WITH MY NEIGHBORS ON THAT. UM, THE CARPORT, OVERHANG, ALL I CAN SAY IS THAT OTHER THAN NOT KNOWING, UH, THE CODE AND THE LAW, I DID RELY UPON MY CONTRACTOR TO DO THE MEASUREMENTS AND SO ON. UH, BUT THE FACT THAT I ASKED FOR AN EIGHT FOOT FENCE AND HE BUILT A FENCE, APPARENTLY EIGHT FOOT FOUR INCHES, AND THE OVERHANG WAS NOT CORRECT EITHER, I, I CAN, UH, I DON'T WANNA ASSUME THAT HIS, UH, UH, MEASURING DEVICE WAS, UH, YOU KNOW, NOT WORKING PROPERLY, BUT OBVIOUSLY, UH, UM, UH, THAT I DON'T HAVE ANY DEFENSE FOR THAT. I MEAN, , WHAT CAN I SAY? IT LOOKS LIKE THE POSTS ARE PROBABLY FINE, BUT THE OVERHANG IS WHAT'S DOING IT TO YOU. CORRECT. AND, UM, REALLY OTHER THAN, THAN, UH, YOU KNOW, ATTESTING TO THE FACT THAT, AND I THINK THAT ONE OF MY NEIGHBORS THAT SENT IN THE SIGNED FORM, UH, THAT YOU RECEIVED IN TIME, UH, ACTUALLY DID STATE ON THE FORM THAT, UH, WHEN HE MOVED INTO THE, THE HOME ACROSS THE WAY, UH, 30 YEARS AGO, THAT THE CONCRETE DRIVEWAY WAS THERE. AND, UM, THAT'S ALL I HAVE EXCEPT FOR YOUR QUESTIONS. OKAY. WELL, WE'RE GONNA SEE IF ANYONE SIGNED TO SPEAK. I KNOW THERE'S NOT A LOT OF PEOPLE LEFT IN HERE, BUT, UH, ANY VOICEMAILS? THERE IS NO PUBLIC COMMENT. AND JUST TO CLARIFY FROM WHAT THE APPLICANT SAID, THERE ARE THREE ADDITIONAL, UM, IN FAVOR INSIDE 200 FEET THAT ARE PROPERTY OWNERS. OKAY. FANTASTIC. UH, WE'LL OPEN THIS UP TO COMMISSIONER QUESTIONS. COMMISSIONER SHANKA, UH, ONCE HE SAW THE CARPORT HE PLACED, DID, WAS THERE ANY CONSIDERATION OR THOUGHT ABOUT THE, THE, UH, GUTTERS ON THAT SIDE? UH, NO SIR. THE, UM, THE COVERING OF THE CARPORT IS, UH, SHEET METAL, HEAVY DUTY SHEET METAL. I DON'T KNOW ANYTHING ABOUT HANGING GUTTERS OFF OF, UH, SHEET METAL OR OFF OF ANYTHING FOR THAT MATTER. UM, BUT, UH, NO, THAT IT, IT DRIPS DIRECTLY ONTO, UM, MY PROPERTY, UM, THAT IS DIRT IN THAT AREA. AND THERE DOESN'T SEEM TO BE ANY KIND OF DRAINAGE, UH, PROBLEM THAT, YOU KNOW, IS OCCURRING NOW. THAT'S WHY I WAS ASKING 'CAUSE UH, PICTURE SHOWS LIKE A SIZE SLIGHT ELEVATION AWAY FROM YOU, AND THAT'S THE ONLY REASON I WAS ASKING. OKAY, THANK YOU. MM-HMM. DOES, DOES THE CARPORT, UH, IS IT UNIFORMLY DRAINED TO THE SIDE? YES. OKAY. ALL [03:25:01] RIGHT. ANY OTHER QUESTIONS? UH, COMMISSIONER ZUMAN, THE QUESTION IS FOR STAFF, UH, REGARDING THAT 50% IMP IMPERVIOUS COVER, UH, WE SAW TESTIMONY, HER TESTIMONY ABOUT, UH, THE APPROXIMATE AGE OF THE IMPERVIOUS COVER CONCRETE PAD. WOULD THIS BE A PREEXISTING CONDITION BEFORE CODE, UH, WAS AMENDED TO HAD THE 50% IMPERVIOUS COVER? I MEAN, IS THIS STILL A VARIANCE REQUEST THAT WE WOULD NEED TO SEEK APPROVAL? SO THIS IS STILL A, THIS IS STILL A VARIANCE REQUEST, UM, THAT YOU CAN VOTE ON. MOST LIKELY IF SHE, IF CODE GOES AFTER HER, SHE WOULD, UM, ESSENTIALLY HAVE TO APPLY FOR A NON-CONFORMING, UM, STRUCTURE PRETTY MUCH, UH, FOR THAT. AND WE'D HAVE TO DO THE RESEARCH AND SEE IF IT WAS BUILT, UH, PRIOR TO THE CODE BEING THERE. THAT WOULD BE THE EXTREME OTHER, UM, SITUATION. SO, SO, AND IT WINDS UP BEING, IT WINDS UP BEING ANOTHER PROCESSING FEE AND APPLICATION AND SHE CAN JUST ADDRESS IT COULD JUST BE ADDRESSED AS PART OF THE BOARD OF ADJUSTMENT. YEAH. TO BUILD ON THAT. WHEN DID THAT CODE COME INTO PLAY? WAS THAT LIKE THE OH ONE U D C OR SOMETHING? YEAH, 2001. MM-HMM. . OKAY. MAY, MAY I SAY THAT I BOUGHT THE HOUSE IN 2016? YEAH, THAT'S FINE. I MEAN, YEAH, I HAVE A PICTURE FROM OH SEVEN THAT SHOWS IT'S STILL THERE. UH, BASICALLY YOU WOULD HAVE TO PROVE THAT IT PRE PREDATES THE MAY, 2001 UDC MM-HMM. , AND THEN IT WOULD BE A NONCONFORMING USE MM-HMM. . AND THEN YOU WOULD ONLY, YOU WOULD ONLY HAVE PROBLEMS IF YOU TRIED TO REPAIR IT, UH, ALL AT ONCE INSTEAD OF DOING IT LESS THAN HALF AT A TIME. MANNA COMMISSIONER MANNA. SO, SO I LOOK AT YOUR, YOUR NEIGHBOR'S PROPERTIES, SO AT, UH, 4, 7 4, AND THEY HAVE A CARPORT FACING YOU AS WELL WITH A DOWNWARD SLOPE TOWARDS YOUR PROPERTY, AND IT LOOKS LIKE IT POTENTIALLY DROPS WATER ONTO YOUR PROPERTY. UM, AND THEN YOU ARE PUTTING, UM, A CARPORT ON YOUR SIDE, FACING THEIR HOUSE, DROPPING WATER INTO THIS, BASICALLY IN THE CENTER BETWEEN THE TWO OF YOUR PROPERTIES. SO IT SOUNDS LIKE A LOT OF WATER COMING RIGHT THERE. JOINING RIGHT AT THE, I GUESS AT YOUR PROPERTY LINES. I DON'T THINK THAT THE, UH, COVER FROM HIS CARPORT. I DON'T THINK THAT IT DROPS, UH, WATER ONTO MY PROPERTY, I DON'T THINK. BUT I CAN TELL YOU AGAIN, I MEAN, WE'VE HAD SOME HEAVY RAINS AND THERE'S BEEN, UH, NO, UH, PROBLEM WITH EXCESS WATER, UH, RUNNING OFF OR NOT, YOU KNOW, BEING ABSORBED, UH, BY THE GROUND. UH, DO YOU STILL HAVE, UH, THOSE WOOD TIMBERS ALONG THE PROPERTY LINE ON THE GROUND? IT LOOKS LIKE THERE'S SOME FOUR BY FOUR WOOD TIMBERS THAT RUN ON THE, ON THE GROUND BETWEEN YOU AND, AND YOUR NEIGHBOR. IT'S LIKE A, IT'S LIKE A WOOD CURB BASICALLY. DO, IS THERE STILL SOMETHING THERE TO YOUR NO, THERE'S A, THERE'S A CONCRETE, UH, CURB, BUT THERE'S NO WOOD. OH, I'M SORRY. I'M, LOOK, I'M JUST LOOKING AT A PICTURE. YEAH, I UNDERSTAND. I UNDERSTAND. SO, YEAH, UH, THE, I DON'T KNOW IF IT'S THE ORIGINAL HOMEOWNER OR WHATEVER, UH, THEY PUT A LOT OF CONCRETE IN THE YARD, . YEAH. I, I, I GUESS I WAS BRINGING IT UP TO, TO BUILD ON COMMISSIONER MAN'S QUESTION THAT IF, IF, IF YOUR NEIGHBOR HAD WATER COMING OFF THERE AND THEN YOU HAD SOME COMING OFF YOUR CARPORT WOULD OH, YOU'RE TALKING ABOUT BETWEEN THE CARPORTS? WOULD I, I'M SORRY. THAT WOULD BE MAKE A DIVIDER. I THOUGHT YOU WERE TALKING ABOUT BACK BY THE FENCE. THERE'S A FOUR BY FOUR CONCRETE. YES. THERE'S, UH, WOOD, UM, I DON'T KNOW IF TIMBER, IF THERE WAS A TIMBER, A GARDEN THERE OR WHAT, BUT THERE'S, THERE ARE SOME KIND OF WOOD PIECES THERE. YES. THAT WOULD BE SOMETHING THAT WOULD PROBABLY KEEP HIS WATER ON HIS SIDE AND YOUR WATER ON YOUR SIDE. AND MAYBE I WAS, I WAS JUST WONDERING. YEAH. ANY OTHER QUESTIONS? OKAY. I'M HERE. UM, ANYTHING YOU'D LIKE TO ADD BEFORE WE DELIBERATE? NO, SIR. ALL RIGHT. SO I'M LOOKING FOR A MOTION. I I DON'T MIND READING ONE. IT'S BEEN A SO LONG , LET ME PULL IT. OKAY. LET ME, LET ME, UH, PULL IT UP. OKAY. UH, I'LL, I'LL DO IT. OH, ALRIGHT. COMMISSIONER CRUZ. I GUESS YOU WERE GIVING THE HINT, SIR. ANYWAY. OKAY. UM, REGARDING CASE NUMBER BO A 22 1 0 3 0 0 2 2 9, I MOVED AT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR 1 8 2 FOOT, UH, FOUR INCH, UH, VARIANCE FROM THE SIDE SIX FOOT SIDE YARD FENCE HEIGHT AS DESCRIBED IN SECTION 35 DASH FIVE 14 TO ALLOW AN EIGHT FOOT FOUR INCH, UH, FENCE THE SIDE YARD TO A NINE INCH, UH, VARIANCE FROM THE MINIMUM FIVE FEET SIDE SETBACK REQUIREMENT AS DESCRIBED AS SECTION 35 3 10 0.01 TO ALLOW AN ATTACHED CARPORT WITH [03:30:02] OVERHANG TO BE FOUR FEET, THREE INCHES FROM THE SIDE PROPERTY LINE. AND THREE, A VARIANCE FROM THE MAXIMUM 50% IMPERVIOUS COVER REQUIREMENT AS DESCRIBED IN SECTION 35 DASH FIVE 15 D TO ALLOW THE FRONT YARD TO EXCEED THE 50% IMPERIOUS COVER SITUATED AT 4 7 0 SHARON DRIVE, APPLICANT BEING GAYLE WISE, BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE HAVE DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH THAT A LITTLE ENFORCEMENT PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIPS. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST BECAUSE THE REQUEST FOR AN ADDITIONAL HIGH FOR EIGHT FEET, FOUR INCHES FENCE, A CARPORT TO BE FOUR FEET, THREE INCHES FROM THE SIDE PROPERTY LINE AND OVER 50% IN PREVIOUS COVER FOR A DRIVEWAY, DRIVEWAY WOULD NOT ALTER THE APPEARANCE OF THE COMMUNITY. TWO, DUE TO THE SPECIAL CONDITIONS, A LITTLE, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP BECAUSE THE APPLICANT WOULD NEED TO RECONSTRUCT THE FENCE TO BE SIX FEET, ALTER THE CARPORT TO MEET THE SITE SETBACK REQUIREMENT OF FIVE FEET, AND REUSE THE IN PREVIOUS COVER, 250 50% THREE BY, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS DEFENSE PROVIDES U UNIFORMITY, THE ADDITIONAL REQUESTED VARIANCES FOR THE CARPORT SIDE SETBACK AND EXCEEDED IN PREVIOUS COVER MAXIMUM. WE'LL ALSO OBSERVE THE SPIRIT OF THE ORDINANCE AS THERE IS ADEQUATE DISTANCE BETWEEN THE NEIGHBORING PROPERTY LINE AND CARPORT, AS WELL AS MITIGATION OF FLOOD WATER DURING HEAVY RAIN. EVENTS FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE THEN THOSE SPECIFICALLY, UH, AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. BECAUSE THE REQUESTED VARIANCES DO NOT POSE A HAZARD TO NEIGHBORING PROPERTIES. THE ALREADY CONSTRUCTED FENCE DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT BEING IT IS LOCATED IN BEHIND THE FRONT FATE OF THE HOME. 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, UH, AND ARE NOT MERELY FINANCIAL, ARE NOT DUE TO OR RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. BUT STAFF FINDS THAT THE REQUESTED VARIANCE IS SOUGHT DUE TO THE PLACEMENT OF THE EXISTING DWELLING SIZE OF THE LOT AND LOCATION OF THE PROPERTY IN PROXIMITY TO A HIGHWAY. THEIR REQUEST IS NOT MERELY FINANCIAL END OF MOTION. SECOND. SECOND BY COMMISSIONER CAPA. COMMISSIONER CRUZ? YES, I WILL CONCUR WITH THIS. I DON'T SEE ANY PROBLEMS AND BECAUSE IT'S SO CLOSE TO THE HIGHWAY AND I UNDERSTAND HER, HER, HER CASE ABOUT THE NOISE, I, AND I HAVE LOTS OF NOISE AND I'M NOT EVEN CLOSE TO A HIGHWAY, BUT I, I THINK IT'D BE A GOOD JUST TO LEAVE IT THE WAY IT IS. THANK YOU. OKAY. COMMISSIONER KAPLAN. YEAH. AND THE FACT THAT THE NEIGHBORS ARE ARE IN FAVOR OF IT. I WILL CONCUR WITH IT TOO. ALRIGHT, ANYONE ELSE? MANNA COMMISSIONER. COMMISSIONER MANNA. SO I, I WILL BE VOTING IN FAVOR OF THIS, BUT IT DOES, YOU KNOW, DOES THE SECOND CASE WHERE IT SEEMS LIKE 10 FOOT FENCES ARE THE NEW NORM WHERE WE'RE APPROACHING THAT. AND SO, SO I WOULD JUST, YOU KNOW, YOU KNOW, JUST WANT TO ENTER THIS CAUTIOUSLY BECAUSE EIGHT FOOT USED TO BE THE SHOCKING PIECE AND NOW ALL OF A SUDDEN WE'VE HAD THE SECOND CASE OVER EIGHT FOOT. SO, UM, BUT I WILL BE WILLING IN FAVOR. AND I, I'D JUST LIKE TO ADD THAT, UM, IT, I WOULD JUST WANNA MAKE SURE THIS IS CLARIFIED THAT IT'S ONLY ON THE, ON THE, UH, EAST SIDE OF THE, OF THE LOT, NOT, NOT BOTH SIDES. IS THAT WAS IT? IS THAT HOW THIS HAS BEEN? UH, CAN, CAN THAT BE COMMISSIONER CRUZ? CAN YOU CLARIFY THAT? IT WAS ONLY FOR THE EAST SIDE OF THE LOT FOR THE FENCE SIDE? UH, YES SIR. IT IS ONLY ON THE EAST SIDE OF THE PROPERTY LINE. OKAY. AND COMMISSIONER KAPLAN? I'M FINE WITH THAT, YES. OKAY, GREAT. SO WE HAVE A MOTION BEFORE, UH, FOR THE EIGHT FOOT FENCE IS ONLY ON THE EAST SIDE AND THEN FOR THE INCREASE IN PREVIOUS COVER ABOVE 50, AND THEN FOR THE NINE INCH VARIANCE FROM THE SIDE SETBACK. SO LET'S HAVE A ROLL CALL VOTE. UM, MS. CRUZ, I CONCUR. MS. KAPLAN I CONCUR. MR. SPIELMAN I CONCUR. [03:35:01] MR. ALBERT I CONCUR. MR. MENCHACA I CONCUR. MR. VAZQUEZ. I CONCUR. MR. MANO, I CONCUR WITH THE FINDINGS OF FACT. UH, MS. LYNN, I CONCUR. UH, MR. ZUNIGA I CONCUR. MR. OZ ZONA. I CONCUR. COMMISSIONER ORIN, I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. I CONGRATULATIONS. UH, HAVE ANY QUESTIONS YOU CAN TALK TO STATE. THANK YOU. THANK YOU. I I'VE LOST SOME SLEEP OVER THIS. I CAN SLEEP TONIGHT. OH, THAT WAS IN THERE ALREADY. I I'M SORRY, WHAT WAS THAT? MA'AM? I, I'M SORRY. I I WAS JUST MAKING A JOKE. I HAD LOST QUITE A BIT OF SLEEP OVER THIS. I CAN NOW SLEEP TONIGHT. I THANK YOU. . . THANK YOU. YEAH, THE 50% WAS INCLUDED ON THE VARIANCE. OKAY. SO NEXT ITEM IS ITEM 14. MR. CHAIR, BEFORE WE START, NEXT ITEM, I NEED TO BE EXCUSED. SURE. WILL YOU BE COMING BACK? ? JUST CHECKING. UH, SO IT'S, UH, 4 54. COMMISSIONER CRUZ IS, UH, LEAVING THE MEETING. I KNOW RIGHT? BO? A 2 2 1 0 3 0 0 2 3 2 57 0 4 MAGNUS LANE COUNCIL DISTRICT SIX APPLICANT BEING FELIPE LARA. A REQUEST FOR A TWO FOOT NINE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A DETACHED CARPORT TO BE TWO FOOT THREE INCHES FROM THE SIDE PROPERTY LINE AND TWO, A FOUR FOOT NINE INCH VARIANCE FROM THE 15 FOOT MINIMUM CLEAR VISION REQUIREMENTS TO ALLOW A PREDOMINANTLY OPEN FENCE TO BE 10 FOOT THREE INCHES FROM THE FRONT DRIVEWAY. THESE ZONING IS OUR SIX. THE SUBJECT PROPERTY LOCATED ALONG MAGNUS LANE, NEAR THE INTERSECTION OF SOUTH CALLAHAN ROAD. AND ENRIQUE AM ENRIQUE AND BARRERA PARKWAY AND CURRENTLY HAS AN EXISTING SINGLE FAMILY RESIDENCE, BUT WITHOUT A PERMIT. THE APPLICANT CONSTRUCTED A DETACHED CARPORT THAT ENCROACHES INTO THE SIDE SETBACK RESULTING A ZONING U D C INVESTIGATION BEGAN ON SEPTEMBER 8TH FOR A PROPERTY SETBACK VIOLATION ON SITE VISITS CONDUCTED BY STAFF. IT WAS OBSERVED THAT THE SUBJECT PROPERTY WAS THAT THE SUBJECT PROPERTY CONSTRUCTED A FENCE THAT VIOLATES THE CLEAR VISION MINIMUM REQUIREMENTS. IT'S NOT WORKING. AND HERE IS THE SITE PLAN, THE SUBJECT PROPERTY, THE CARPORT SIDE SETBACK MEASUREMENT, THE CLEAR VISION MEASUREMENT AND THE SURROUNDING AREAS. STAFF RECOMMENDATION SIDE, STEP BACK AND CLEAR VISION VARIANCES. STAFF RECOMMENDS DENIAL AND BO A 2 2 1 0 3 0 0 2 3 2 BASED ON THE FOLLOWING FINDINGS OF FACT, THE ONE OF THE CARPORT WAS BUILT WITHOUT OBTAINING THE PROPER PERMITS. AND TWO, THE CARPORT IN ITS CURRENT LOCATION IS TOO CLOSE TO THE SIDE OF PROPERTY. LINE THREE, THE FENCE IN ITS CURRENT LOCATION INFLICTS ON THE SAFETY OF VEHICULAR TRAFFIC. AND FOUR, THE FENCE CAN BE ALTERED TO MEET THE CLEAR VISION MINIMUM REQUIREMENTS. AND HERE IS THE NOTIFICATION PLAN. STAFF MAIL 30, NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM THE CABLE WESTWOOD ASSOCIATION. THIS CONCLUDES OUR PRESENTATION. AND THE APPLICANT IS PRESENT AND STAFF. IS THIS, THIS ISN'T THE FIRST CASE ON, ON MAGNUS LANE, RIGHT? THIS IS THE THIRD CASE. THAT'S WHAT I WAS THINKING. YEAH, THAT'S WHAT I WAS GONNA TELL YOU. UH, 58 27 WAS APPROVED ON NOVEMBER 7TH. 59 30 WAS APPROVED ON OCTOBER THE THIRD, AND IT WAS, UH, PART OF A ZONING CRACKDOWN. RIGHT. UH, OKAY. UH, CODE ENFORCEMENT CRACKDOWN. THERE YOU GO. OKAY. BECAUSE ON GOOGLE MAPS THERE'S A LOT OF PEOPLE WITH SIMILAR CONDITIONS. SO THANK YOU VERY MUCH. LET'S HAVE THE APP. OH, THANK YOU. GO AHEAD. SO YOU'RE SAYING IT WAS BILL WITHOUT A PERMIT? YES, SIR. WITHOUT A PERMIT? MM-HMM. . THANK YOU. ALL RIGHT, LET'S HAVE THE APPLICANT COME FORWARD, PLEASE. NOW THIS IS, SEE THERE'S, THERE'S GATES ALL UP AND DOWN THE STREET. WE'VE APPROVED, WE'VE APPROVED THE LAST TWO. HI. HI. YES. CAN WE HAVE THE INTERPRETER COME OUT? DEAR CARMEN? SHE'S COMING. SHE'S GETTING HER EQUIPMENT. OKAY, SECOND. OKAY. SHE HOME ALREADY? NO, THEY'RE, THEY'RE [03:40:01] GOOD. IS THERE GONNA BE MORE ON THIS STREET COMING TOO, OR WHAT? THERE MIGHT BE. THERE MIGHT BE. THEY SUBMIT VIOLATIONS. I JUST MAKING, OKAY. OKAY. HELLO, MY NAME IS ANGEL RA AND THIS IS MY HUSBAND, FELIPPE LARA. WE ARE THE PROPERTY OWNERS OF THE PROPERTY IN 57 0 4. UM, MAGNUS, THE REASON WE BUILT THIS ROOF, UH, WAS BECAUSE MY DAUGHTER, SHE IS DISABLED AND WE HAD, SHE HAD A COMPLICATION WITH HER KNEE, SURGERY WITH HER KNEE AND NEEDED SURGERY. SO A LITTLE AFTER THAT WE HAD TO HAVE HER BE IN A WHEELCHAIR. AND MY DAUGHTER ALSO GETS REALLY STRESSED WHEN SHE IS DIRECTLY UNDER THE SUN AND WHEN IT'S RAINING. SO HAVING THIS ROOF, UH, HELPS US HER, HELPS US HAVE HER REMAIN CALM. AND UPON SPEAKING WITH MY NEIGHBORS, I DID HAVE THEM SIGN A PETITION AND WE WERE ABLE TO HAVE 23 OF OUR NEIGHBORS SIGN THIS PETITION. NOBODY IS OPPOSED TO OUR, UH, ROOF OR HAVING THAT CARPORT. AND THAT IS WHY I AM ASKING FOR THIS VARIATION. UH, WE WERE ALSO TOLD THAT THIS COULD, THAT WE COULD HAVE, UH, THREE FEET MINIMUM, BUT WE ARE, UH, ASKING FOR TWO FEET AT LEAST FOR THIS TO BE ALLOWED. OKAY, HOLD ON. IS THERE, YEAH, PLEASE CONTINUE. NO, THAT WAS ALL. OKAY. SO, UH, WE'LL ASKED SOME QUESTIONS. WHO WOULD LIKE TO START? COMMISSIONER ZUNIGA? YES. THIS WAS WITHOUT A PERMIT, LET EACH OTHER. IS THAT TRUE? NO. NO. EVERYTHING YOU'RE SAYING. OH, SEE, SEE, OH, YEAH. YEAH. SO THAT WAS NOT A PERMIT AND YOU KNOW, I SAID LAW. CORRECT. WHAT YEAR WAS THAT? WHAT YEAR DID WE BUILD THE COURT FOR WHAT YEAR? 2010. 2010, OKAY. AND WHO BUILT THE COURT FOR MY NEIGHBOR. YOUR NEIGHBOR? HE BUILDS COURT PORTS? YES. HOW MANY? AND HE'S STRAIGHT. OH, COME ON, MAN. HOW MANY? I DON'T KNOW HOW MANY, BUT HE DID CONSTRUCT MINE. HE BUILT MINE. THANK YOU. GOT A LICENSE. UH, ANY [03:45:01] OTHER QUESTIONS? UH, THE COMMISSIONER MAN. OH, SORRY. THE APPLICANT IS SAYING THAT HE DOES HAVE A LICENSE. THE NEIGHBOR HAS A LICENSE. AH, THE NEIGHBOR HAS A BUILDING LICENSE. SO, UM, THE, THE ROOF APPEARS TO BE CORRUGATED METAL, AND SO IT HAS RIBS IN IT, I'M ASSUMING. AND SO DOES RIBS POINT TOWARDS THE STREET TO ALLOW FOR WATER RUNOFF? YES. NOT TOWARDS ANY OF THE NEIGHBORS. UH, FALLS FORWARD. MM-HMM. ? YES. OKAY. UM, ANY OTHER QUESTIONS? ALL RIGHT. UH, I HAVE A QUESTION. SO YOUR NEIGHBOR'S HOUSE, DO YOU KNOW ABOUT HOW FAR IT IS AWAY FROM THE EDGE OF THE CARPORT? OH, AROUND FIVE OF OR SIX FEET. OKAY. THANK YOU. ALL RIGHT. ANY OTHER QUE QUESTIONS? ? UH, WAS THIS, UH, THIS WAS PART OF THE ZONING CRACK? THEY WERE JUST GOING DOWN THE STREET. UH, SO THE, THE, THE, THE REMARK IS, IS, UM, YOU KNOW, WHERE DID THIS INITIATE FROM? AND I HAD ASKED THIS QUESTION EARLIER BECAUSE WE HAD SEEN OTHER ITEMS ON THE STREET. SO THE CITY IS JUST DRIVING DOWN THE STREET SIGHTING. THAT'S THE SAME THAT MADE, YEAH. THERE THERE'S TWO OTHERS THAT WE HEARD ALREADY UP THE STREET. OKAY, LET, LEMME ASK A QUESTION. GO AHEAD. COMMISSIONER'S GONNA GO. OKAY. WHO REPORTED HIM? . IT'S A LADY THAT JUST MOVED IN NOT SO LONG AGO, AND SHE REPORTED ABOUT SEVEN OF US. OKAY. BY THE SAME CONTRACTOR? THE CONTRACTOR, OKAY. NO SAY NAME. YES, IT WAS THE SAME CONTRACTOR. OKAY. OKAY. ANY OTHER QUESTIONS? OKAY. I DON'T KNOW IF THIS ACCOUNTS FOR ANYTHING, BUT I DO WANNA MENTION THAT THE LADY THAT REPORTED ALL OF US HAS A CASE OF SCHIZOPHRENIA. OKAY. UM, STAFF, DID YOU HAVE ANY ALTERNATE RECOMMENDATIONS ON THIS ONE? UH, WE DO NOT HAVE AN OFFICIAL ALTERNATE RECOMMENDATION. OKAY. SO IF THERE'S NOTHING ELSE, NO OTHER QUESTIONS. UH, IF THERE'S ANYTHING YOU'D LIKE TO ADD BEFORE WE DELIBERATE. JUST ONE LAST THING. IS THAT THE LADY THAT REPORTED US, UH, THAT REPORTED ALL SEVEN OF THE NEIGHBORS IS BECAUSE SHE DOES NOT LIKE THE CONTRACTOR. UH, OKAY. MINKA, COMMISSIONER MINKA, CAN WE HAVE THE NAME OF THE CONTRACTOR FOR THE RECORD? . HEY, WILL HE GET IN TROUBLE? NO. UH, HIS NAME ISO ALVAN. HIS NAME ISO GALVAN. OKAY, THANK YOU. SO WE'RE GONNA, UM, DELIBERATE, I'M LOOKING FOR A MOTION. OKAY. I WILL READ THIS ONE. I HAVE IT UP AND READY TO GO. NO, I DON'T MIND. OH, YOU WANT TO, OKAY. MM-HMM. . I CAN FEEL IT. OKAY, I'LL JUST DO IT. OKAY, I'LL READ IT. OKAY. REGARDING CASE NUMBER BO A DASH 22 DASH OH 3 0 0 2 3 2, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE A TWO NINE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK AS DESCRIBED IN SECTION 35 DASH THREE SEVEN OH B ONE TO ALLOW A DETACHED CARPORT TO BE TWO FOOT THREE INCHES FROM THE SIDE PROPERTY LINE. IS THAT THE WRONG ONE? NO, THAT'S THE RIGHT ONE. UM, AND TWO, A FOUR FOOT NINE INCH VARIANCE FROM THE 15 FOOT MINIMUM CLEAR VISION REQUIREMENTS AS DESCRIBED IN SECTION 35 DASH FIVE 14 A TWO TO ALLOW A PREDOMINANTLY OPEN FENCE TO BE 10 FOOT THREE INCHES FROM THE FRONT DRIVEWAY SITUATED AT 5 7 0 4 MAGNUS LANE. APPLICANT BEING PHILIPPE LARA BECAUSE THE TESTIMONY PRESENTED US IN THE FACTS THAT WE HAVE DETERMINED SHOW [03:50:01] THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST BECAUSE THE CARPORT IN ITS CURRENT LOCATION PROVIDES ADEQUATE DISTANCE FROM SIDE PROPERTY LINE. THE APPLICANT IS ALSO REQUESTING FOUR FOOT NINE INCH CLEAR VISION VARIANCE TO ALLOW A PREDOMINANTLY OPEN FENCE TO BE 10 FOOT THREE INCHES FROM THE CURB. THIS DOES NOT INFLICT ON THE SAFETY OF VEHICULAR TRAFFIC AS THIS PROVIDES AMPLE SPACE FROM THE FENCE TO THE CURB. TWO, DUE TO SPECIFIC SPECIAL CONDITIONS OF LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP BECAUSE IT WOULD RESULT IN THE APPLICANT HAVING TO ALTER THE CARPORT TO BE FIVE FEET AWAY FROM THE SIDE PROPERTY LINE OR REMOVING THE STRUCTURE ENTIRELY. THE UNNECESSARY HARDSHIP IS THE CARPORT BEING EXISTING. ADDITIONALLY, THE APPLICANT WOULD NEED TO ALTER THE FENCE TO BE 15 FEET AWAY FROM THE CURB, WHICH CAN BE ALSO CAUSING UNNECESSARY HARDSHIP. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS THE CARPORT AND FENCE BEING AN ACCEPTABLE DISTANCE FROM THE SIDE PROPERTY LINE AND CURB. 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 USE NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE, THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED BECAUSE THE CARPORT AND FENCE WILL MAINTAIN A TWO FOOT THREE INCH DISTANCE FROM THE SIDE PROPERTY LINE AND 10 FOOT THREE INCHES FROM THE CURB, WHICH IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND INJURE ADJACENT TO CONFORMING PROPERTIES. 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, THE OWNER OF PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE LOT BEING LOCATED ON A CUL-DE-SAC. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION. SECOND. SECOND BY COMMISSIONER AMANDA. COMMISSIONER KAPLAN. YEAH, I'LL, I'LL, YOU KNOW, UM, I'LL, I'LL BE IN FAVOR OF THIS, I GUESS. UM, IT'S BEEN THERE FOR 12 YEARS ACCORDING TO THE OWNER. UM, AND, UH, AS FAR AS THE FENCE GOES, IT DOESN'T SEEM TO BE FROM THE STREET, DOESN'T LOOK LIKE IT'S, UH, GETTING IN ANYBODY'S WAY OR, OR, UH, DISTURBING ANYBODY'S VISION. SO, UM, AND THE NEIGHBORS ARE FOR IT, SO I'LL BE FOR IT. COMMISSIONER MANNA. UM, I'LL BE VOTING IN FAVOR OF THIS AS WELL FOR A COUPLE OF REASONS. UM, ONE IS THAT MORE THAN 25% OF THE BLOCK FACE HAS THE SAME STYLE OF FENCE. AND SO, SO WE'LL PROBABLY BE VISITING THIS OVER AND OVER AGAIN. SO THAT'D BE, YOU KNOW, THE FENCE IS, IS A NON-EVENT FROM MY PERSPECTIVE. 'CAUSE THAT IS THIS NEIGHBORHOOD. UM, THE REGARDS TO CARPORT, UH, ALSO SIMILAR CARPORTS THROUGHOUT THE WHOLE AREA. AND I THINK, YOU KNOW, IT, THIS NEEDS TO BE ADDRESSED EITHER FROM THE NEIGHBORHOOD ASSOCIATION IF THEY, YOU KNOW, IF THEY'RE GONNA BE AGAINST IT, YOU KNOW, THEY NEED TO BE, YOU KNOW, I GUESS SPEAK UP IN, SINCE THEY DIDN'T WEIGH IN ON THIS, I'LL BE VOTING IN FAVOR OF IT. ALL RIGHT. ANY OTHER COMMISSIONERS LIKE TO ADD? UH, I'M JUST GONNA SAY I'LL BE IN SUPPORT OF THIS AND, AND, AND MOSTLY BECAUSE THE NEIGHBOR'S HOME IS GOOD DISTANCE AWAY FROM THE CARPORT. THE CARPORT IS ISN'T TOO LONG OR DEEP. UH, SO IT'S NOT TOO MUCH OF AN OF, OF A, OF AN ISSUE WITH ME. SO, UH, LET'S HAVE A ROLL CALL. VOTE PLEASE. MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. ALBERT. I CONCUR. MR. MANCHACA. I CONCUR. MR. VAZQUEZ. I CONCUR. MS. LIND I CONCUR. MR. ZUNIGA. I CON CONCUR. MR. OZUNA. I CONCUR. COMMISSIONER ORIAN AND I ALSO CONCUR. MOTION PASSES. 10 TO ZERO. UH, CONGRATULATIONS. UH, IF YOU HAVE ANY QUESTIONS, UH, PLEASE, UH, GET WITH STAFF. THANK YOU. THANK YOU. ALL RIGHT, LAST CASE. ITEM 15. . IS THAT, IS THAT FOR, IS THAT FOR YOU? OKAY. UM, BO 8 22 1 0 3 0 0 2 3 4 ON LOCATED AT 2 6 2 SAVANNAH DRIVE. COUNCIL SIX. NUMBER ONE, I'M THINKING BEING JOANNE ZAO. UH, REQUEST FOR A NINE FOOT 11 VARIANCE FROM THE MINIMUM. 10 10 INCH. 10 FOOT MAN. 10 FOOT FRONT SETBACK APARTMENT TO ALLOW A CAR TO BE ONE INCH FROM THE FRONT PROPERTY LINE. OUR, UH, CURRENT ZONINGS R FOUR RESIDENTIAL SINGLE FAMILY. OH, IT WORKS. OKAY. UM, THE SUBJECT PROPERTY IS LOCATED ON SAVANNAH DRIVE, UH, AND IS A CURRENTLY A CORNER LOT. UM, THERE'S AN EXISTING SINGLE FAMILY ONLY ON THE PROPERTY. UH, THE APPLICANT HAS CONSTRUCTED THE [03:55:01] CARPORT WITHOUT PERMITS AND THE CODE ENFORCEMENT INVESTIGATION WAS INITIATED ON JULY 28TH, 1919, 2000, UH, 22. UM, THE CARPORT IS ONE INCH FROM THE FRONT PROPERTY LINE, AND IT APPEARS THAT THE PROPERTY LINE ENDS 10 FEET INTO THE DRIVEWAY. UM, UPON SITE, UH, STAFF SITE VISITS, STAFF OBSERVED SEVERAL OTHER SIMILAR CARPORTS IN THE AREA WITH SIMILAR SETBACKS. UM, SO THAT IS CURRENTLY THE SITE PLAN. UM, YOU KIND OF SEE WHERE THE CARPORT IS AT. UM, JUST THE NEXT ONE MORE IMPORTANT, THE SUBJECT PROPERTY ITSELF WITH THE CARPORT. UM, YOU CAN SEE THAT THE, THE CORRUGATED METALS FACING TOWARDS THE STREET. THERE'S ANOTHER ALTERNATE V UM, VIEW OF THE CARPORT ON THE SIDE OF IT, SOME OF THE MEASUREMENTS, AND THEN THE SURROUNDING AREA. I'M LIKE TO NOTE OUT THAT THAT SIDEWALK IS FAIRLY NEW. UM, SO THAT'S WHERE IT'S AT. SO, SIDE PROPERTY REC SETBACK VARIANCE RECOMMENDATION, UH, STAFF RECOMMENDS NOW WITH AN ALTERNATE RECOMMENDATION OF THREE FEET IN BO 8 22 1 0 3 0 0 2 3 4 BASED ON THE FOLLOWING FINDINGS OF FACTS. UM, THE STRUCTURE CONFORMED TO THE SIDESTEP REQUIREMENTS AND THE SUFFICIENT SPACE TO HAVE THREE FEET FRONT SETBACK FOR THE STRUCTURE. UM, THERE, THE NOTIFICATION PLAN INCLUDED 27 NOTICES MAILED OUT. THERE WERE TWO IN FAVOR, UM, WITHIN THE 200 FEET, UH, WHERE THE CHECK MARKS ARE INDICATED. UH, THERE WAS ZERO IN OPPOSITION AND THERE WAS NO RESPONSE FROM DEL VIEW AREA HOMEOWNER ASSOCIATION. UM, THAT CONCLUDES THAT PRESENTATION. AND THE APPLICANT IS PRESENT. YES. ALRIGHT. UH, LET'S HAVE THE APPLICANT COME FORWARD, PLEASE. I ASSUME THERE'S NO PUBLIC COMMENT ON THIS ONE. OKAY. NO PUBLIC COMMENT. OKAY. HI, MY NAME IS JOAN MIO. UM, I LIVE AT 2 6 2 SAVANNAH DRIVE. UM, THIS CART WAS BUILT, THIS CARPORT WAS BUILT IN 2019, UM, A COUPLE YEARS AGO. UM, WE WERE FORTUNATE ENOUGH TO GET NEW SIDEWALKS THIS YEAR, WHICH ARE VERY BEAUTIFUL. HOWEVER, IT BROUGHT UP THE SITUATION WHERE, UH, WHEN WE CAME HERE TO THE OFFICE TO GET THE INITIAL PERMISSION, THEY TOLD US IT WAS SUPPOSED TO BE 20 FEET FROM A SIDEWALK. WE DIDN'T HAVE A SIDEWALK AT THE TIME. SO THE LINES ACTUALLY STARTED AT THE CURVE, THE MEASUREMENT, WHICH WHAT I, WHICH IS WHAT I THINK MY HUSBAND DID, IS THAT HE MEASURED THERE 20 FEET. SO WHEN WE ASKED FOR THE SIZE OF THE CARPORT, IT WAS 20 FEET BY 30 FEET AND IT WENT FROM THE HOUSE OUT VERSUS, AND I, FROM THERE ON, I, I WASN'T AWARE OF ANY GUIDELINES BECAUSE I FELT LIKE IT'S NO LONGER IN OUR PO OR IT WAS OUR RESPONSIBILITY TO FOLLOW UP WITH WHAT THEY WERE BUILDING FOR US. UM, I WOULD ASSUME THAT THEY WERE SUPPOSED TO TELL ME THAT WHAT, THAT ONCE THEY MET THE MEASURED, THE ACTUAL, UM, THE 20 BY 30 FEET THAT THEY WOULD TELL ME IT WASN'T WITHIN THE GUIDELINES, BUT THEY DID NOT. UM, WE ONLY WENT AS FAR AS GETTING THE ORIGINAL PERMISSION HERE, WHERE WE PAID ABOUT TWO $300, BUT AFTER THAT WE LEFT IT IN THEIR HANDS. UM, SO THIS WAS NEW TO US. WE DIDN'T REALIZE WE WERE NOT FOLLOWING ANY, THAT WE WERE NOT FOLLOWING ALL GUIDELINES. UM, THE CARPORT WAS MAINLY BILLED. I WISH I HAD A GREAT REASON, BUT, UM, MY HUSBAND HAS AN, UH, BAD HABIT OF BUYING CARS. AND SO, UM, THE HAIL DAMAGE, UM, HE BUYS CLASSIC CARS, UM, FROM LIKE 1670 SEVENTIES. AND IT, IT'S A LOT OF MONEY. WE ALREADY INVEST. SO WE THOUGHT THE INVESTMENT IN THE CARPORT WAS WORTH IT TO SAVE OUR CAR, LIKE TO PROTECT OUR CARS. UM, BUT OTHER THAN THAT, THAT IS ALL I HAVE. OKAY. SO WE'LL OPEN THIS UP TO SOME QUESTIONS. WHO'D LIKE TO START? COMMISSIONER SPIELMAN, I HAVE A QUESTION FOR CLEAR VISION. WHEN YOU'RE COMING DOWN THAT STREET, THE CARPORT, IT LOOKS LIKE THERE'S, UH, UH, SOME SORT OF FABRIC OR MAYBE SOMETHING ELSE THAT'S BLACK BLOCKING THE, THE VIEW. IF YOU WERE GONNA TAKE THAT TURN. UM, THERE IS A TARP THERE. UM, GOING BY THE GUIDELINES NOW, WE, IT WOULD, WE WOULD HAVE TO AT LEAST BREAK, LIKE, TAKE OFF THE PERCENTAGE THAT BY LAW WE HAVE TO, UM, WE COULD TAKE IT ALL OFF. IT'S MAINLY JUST FOR THE SUN, SINCE WE HAVE LITTLE ONES, BUT IT IS A BLACK TARP STAFF. DO YOU HAVE, UM, C CAN YOU BRING UP A BETTER PICTURE OF, OF WHAT IT LOOKS LIKE NOW WITH THE NEW SIDEWALK AND DRIVEWAY? DO WE HAVE A GOOD IMAGE OF THAT? GOOGLE? YEAH, GOOGLE IMAGE HAS A GOOD PICTURE OF IT. IT'S CURRENT. [04:00:01] OH, THE, OKAY. YEAH. SO YOU DON'T HAVE A SIDEWALK ALONG THE FRONT OF YOUR PROPERTY, THE SIDE, LIKE IT DOESN'T CONTINUE DOWN YOUR STREET, RIGHT? THE SIDEWALK? YES. OH, IT DOES. IT'S BRAND NEW. EVERYTHING ALL, IT'S THE WHOLE BLOCK. I'M, I'M ON GOOGLE MAPS. I'M NOT, IT'S FAIRLY NEW. YEAH, IT'S NOT ON HERE. YEAH. SO ONE VIEW HAS IT, BUT IF YOU BACK UP ONE, IT SHOWS IT. UH, OH, OKAY. LET ME DO THAT. MY FRONT HOUSE OR FROM THE FRONT? THE FIRST THREE HOUSES ARE THE ONLY ONES THAT HAVE THE SIDEWALK BUILT IN INSIDE THE, LIKE AS CLOSE AS YOU CAN TO THE PROPERTY LINE. OH, I, THE REST HAVE EM TO THE CURB. I NOW, OKAY, I GOT IT. BECAUSE THERE'S A TREE THAT THEY WANTED TO SAVE THAT THEY SAVED. MANNA COMMISSIONER MANGA. SO FOLLOW ON THE, UH, PRIOR, UH, DISCUSSION WITH REGARDS TO THE, UM, CANVAS ON THE SIDE OR THE, OR THE, THE SUNBLOCK SHADE. IS THAT PERMITTED OR IF I UNDERSTOOD CORRECTLY, IT'S NOT PERMITTED. IT, IT IS NOT PART OF THE CLEAR VISION STANDARD, EVEN THOUGH IT KIND OF HAS THE SAME EFFECT. UH, THE CLEAR VISION IS ONLY FOR FENCES. I KNOW THEY'VE BEEN OUT TWICE ALREADY AND THEY HAVE NOT MENTIONED THAT TO ME, BUT SO DO, DO YOU UNDERSTAND WHAT THE, THE LINE OF QUESTIONING IS? SO YEAH, LIKE WHEN THEY'RE MAKING THE TURN TO THE RIGHT, IF THEY CAN VISUALLY SEE, YEAH. SO, SO TECHNICALLY IT'S NOT A VIOLATION OF CLEAR VISION AND WHAT'S BEFORE TODAY IS SOLELY WHETHER OR NOT YOUR CARPORT CAN EXIST THAT CLOSE, UH, TO SAVANNAH. OH, OKAY. AND, BUT HOWEVER, THE COMMISSION, EVEN THOUGH WE CAN'T SET CONDITIONS, WE CAN DO CERTAIN APPROVALS. IS IT, IS IT WITHIN OUR PURVIEW TO APPROVE A, A CARPORT OR THAT WAS ROOF ONLY AND NOTHING ON THE SIDE? IS THAT SOMETHING THAT WE CAN, A MOTION CAN BE READ IN THAT MANNER? YES, YOU CAN, YOU CAN DO LESS. YOU JUST CAN'T DO MORE. OKAY. I JUST WANNA MAKE SURE. SO WHOEVER IS THE ONE READING IT CERTAINLY HAS THE ABILITY TO INCLUDE THAT IN THE MOTION. UM, IN THIS DOES, DOES YOUR CARPORT DRAIN TO THE FRONT, TO THE SIDE? HOW DOES THIS TO THE FRONT TO SAVANNAH? THE STREET DRAIN TO THE FRONT, THERE'S A CREEK DOWN THAT IT GOES DOWN. OKAY. IT'S, IT'S RELATIVELY FLAT IN THE, THE ONE PICTURE. GOOD PICTURE I HAVE. OH YES, THERE'S A SL FORWARD TO SAVANNAH. ARE THERE ANY OTHER, UH, COMMISSIONER QUESTIONS? COMMISSIONER MINKA? UH, JUST THE ONE THAT, ARE WE CLEAR OR DO WE CLARIFY THAT THE INSTRUCTION, YOU'RE GONNA MOVE THAT SHEET BACK OR WHATEVER? OH, WE, WE DEFINITELY CAN. YEAH. THE, THE, IF IF IT'S SOMETHING I HAVE TO DO YES. TO MAKE THE, THE WHOEVER READS A MOTION CAN SAY THEY APPROVE A CARPORT WITHOUT ANY SIDES WITHIN 10 FEET OF THE STREET OR SOMETHING. I MEAN THAT CAN BE DONE. THE CARPORT PORT, I MEAN THE TURP, OR WHAT DO YOU CALL IT? TARP, UM, DOES NOT GO ALL THE WAY TO THE END. UM, IT'S HELD WITH LIKE, UM, YEAH, THE ONE PICTURE, THE ONE GOOD PICTURE I HAVE ON GOOGLE EARTH IS SHOWING IT ALL THE WAY TO THE LAST POST. OH, OKAY. ANY OTHER QUESTIONS? ANYBODY LIKE TO MAKE A MOTION? I DO HAVE A QUESTION. MANNA COMMISSIONER MANANA REGARDING CASE NUMBER BOA 2 2 1 0 3 0 0 2 3 4. I MOVED THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW ATTACHED CARPORT TO BE ONE INCH FROM THE FRONT PROPERTY LINE, UH, WITH THE PROVISION THAT THERE ARE NO SIDES FOR THE FIRST 10 FEET, UH, FROM THE STREET, UH, SITUATED AT 2 6 2 SAVANNAH DRIVE, APPLICANT BEING JOANNE . UH, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTERS' PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS SUBMITTED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT, UM, ACCORDING TO SECTION 3 5 4 8 2 OF THE U D C, IN ORDER FOR VARIANCE TO BE GRANTED, THE APPLICANT MUST DEMONSTRATE ALL OF THE FOLLOWING. ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. A STRUCTURE HAS ADEQUATE SPACE TO HAVE A FRONT SETBACK OF ONE INCH. THE STRUCTURAL MEET THE SIDE SETBACK REQUIREMENT, BUT DOES NOT APPEAR TO BE CONTRARY TO PUBLIC INTEREST. UM, WITH THE PROVISION OF HAVING THE 10 FEET, THE FIRST 10 FEET, UH, CLEAR, UH, FOR, UH, CLEAR VISION, UH, TWO, DUE TO SPECIAL CONDITIONS, A LIBERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF FINDS, UH, HARDSHIP ON THE LOT AS THERE IS INADEQUATE SPACE TO MEET THE MINIMUM FRONT SETBACK REQUIREMENT FOR THE CARPORT THREE BIKE. RENTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND THE SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS THE RIGHT OF WAY, WILL NOT BE NEGATIVELY AFFECTED 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 USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH A VARIANCE. FIVE SUCH VARIANCE WILL NOT [04:05:01] SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. STAFF FINDS EVIDENCE THAT THE REQUESTED VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THERE ARE SIMILAR CARPORTS IN THE AREA. SIX, APPLY. THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES ARE 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 DISTRICT, WHICH IS THE PROPERTY IS LOCATED BECAUSE OF THE WIDTH OF THE LOT AND CONFIGURATION OF THE EXISTING RESIDENCE. MAINTAINING A ONE INCH FRONT SETBACK IS APPROPRIATE FOR THIS AREA. THE REQUEST IS NOT MERELY FINANCIAL END OF MOTION. I'LL SECOND THAT SECOND BY ORIAN, UH, COMMISSIONER MANNA. SO YEAH, I'LL BE APPROVING THIS AS RED. UM, SO LOOKING DOWN THE STREET, IT DOES LOOK THAT THERE ARE MANY CARPORTS, UH, IN THIS AREA AND THEY ARE JUST AS CLOSE TO THE FRONT, UH, DRIVEWAY. AND I THINK IF WE, UH, ADD THE PROVISION OF ENSURING THAT THE CANOPY DOESN'T COME DOWN ON THE SIDE FOR AT LEAST THE FIRST 10 FEET, THEN I THINK THAT, UH, UM, THAT, UH, THIS WILL, UH, BE APPROPRIATE AND APPROPRIATE FOR THE PROPERTY ITSELF. I COM I COMPLETELY, UH, THIS IS COMMISSIONER OREN. I COMPLETELY, UH, AGREE WITH YOU. I JUST WANTED TO CLARIFY, DID YOU WANT 10 FEET FROM THE STREET OR FROM THE BACK OF SIDEWALK OR WHAT DID YOU OR THE PROPERTY LINE OR WHERE DID, WHERE DID YOU WANT THAT FROM? UM, WHAT WOULD YOU RECOMMEND? I'LL TAKE A RECOMMENDATION. WELL, I, I MEAN NORMALLY IT'S, IT'S 15 FROM, THIS WAS CLEAR VISION. IT'D BE 15 FROM THE STREET. OKAY. THEN 15 FEET FROM THE STREET THEN. OKAY, SO I, I'LL MODIFY THAT IF YOU ACCEPT THAT. AND I, I ACCEPT, UH, SO IS THERE ANY OF THE COMMISSIONER INPUT THAT WOULD LIKE TO BE A PART OF THE CONVERSATION OR HAVE ANY, ANYTHING TO ADD? HEARING NOW LET'S HAVE ROLL CALL VOTE COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. OKAY. UM, MR. SPIELMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. ALBERT. I CONCUR. MR. MANCHACA. I CONCUR. MR. VAZQUEZ. I CONCUR. UH, MS. LYNN? I CONCUR. MS. KAPLAN I CONCUR. MR. ZUNIGA. I CONCUR. UH, MR. OONA, I CONCUR. CHAIR ORIAN AND I ALSO CONCUR. MOTION PASSES UNANIMOUSLY. 10 TO ZERO. UH, DID YOU UNDERSTAND WHAT WE'RE SAYING ABOUT THE SCREEN? YES. 15 FEET FROM THE FACE OCCURRED. I APOLOGIZE BECAUSE HE SOLD A PIECE. HE ADDED A PIECE TO MAKE IT REACH AT THE END. SO WE WOULD TAKE THAT PART OFF, BUT THANK YOU. YES, YOU'RE WELCOME. SORRY ABOUT THAT ALL. SO THAT, AND HAVE A GOOD DAY. 'CAUSE I KNOW Y'ALL TIRED. THANK YOU. HEY, WE GET COFFEE. YOU GUYS DON'T GET COFFEE, SO IT'S, IT'S NOT SO BAD. UH, WE HAVE ONE MORE THING. THE, [ Approval of Minutes  ] THE MINUTES. ANYBODY, ANY OTHER, UH, AMENDMENTS? I HAD A FEW, UH, MINKA COMMISSIONER. MINKA, UH, CHAIRMAN, COULD YOU CLARIFY THE UH, UH, CHANGES THAT ARE COMING UP ON THE EIGHT FOOT FENCE FOR, UH, TURN OF THE, OF THE YEAR? THERE'S A, A CODE CHANGE IN THAT. SO JANUARY, SO ON JANUARY 1ST, UH, YOU'LL BE ALLOWED BY RIGHT TO HAVE AN EIGHT FOOT FENCE IN THE, IN THE REAR, UH, UH, SIDE, UH, THE REAR PROPERTY LINE AND THE SIDE IN THE, IN YOUR REAR YARD, IF YOU HAVE A POOL OR IF YOUR NEIGHBOR HAS A POOL. SO IF THE PERSON DIRECTLY BEHIND YOU HAS A POOL, YOU CAN HAVE AN EIGHT FOOT FENCE ON THAT PROPERTY LINE. IF THE PERSON TO THE WEST OR EAST OF YOU, OR LEFT OR RIGHT OF YOU, YOU GET AN EIGHT FOOT FENCE ONLY ON THE SIDE WHERE, WHERE THERE'S A, A POOL. CORRECT? UH, OR IF YOU HAVE A POOL, YOU CAN GET ONE ON ALL THREE SIDES IN THE REAR, BUT IT'S ONLY IN THE REAR LET'S EIGHT FEET. REGARDLESS OF THE ELEVATION. REGARDLESS OF THE ELEVATION. AND SO, BUT THERE HAS TO BE A POOL OR A HOT TUB OR SOMETHING. THE UH, ONLY THING WITH THE POOL, IT HAS TO BE A POOL THAT YOU HAVE TO OBTAIN A PERMIT FOR. SO YOU CAN'T GO TO LIKE DOLLAR GENERAL AND BUY A $5 POOL AND THROW IT BACK THERE. , . SO YOU'RE TALKING ABOUT AN IN-GROUND POOL. IT CAN BE ABOVE GROUND AS WELL. CAN BE ABOVE GROUND TOO BIGGER. WHAT YOU'RE GONNA START SEEING, I MEAN, I'M, I'M JUST, I I ENVISION SEEING MORE EIGHT FOOT FENCES. I KNOW THAT'S, WE GOT, WE, WE DO SEE A LOT OF THOSE NOW, BUT, UM, I, I'M, I'M BRINGING THIS UP FOR A COUPLE REASONS. ONE, THERE'S A LOT OF DEVELOPMENT GOING ON IN THE NORTH PORT TOWN WHERE THERE'S A LOT OF ELEVATION CHANGES. SO YOU'RE GONNA START SEEING A BUNCH OF THAT ANYWAY. UH, BUT IN, IN, IN THE INNER PART OF TOWN, YOU HAVE, YOU'VE GOT PEOPLE PUTTING IN THESE I D Z DEVELOPMENTS AND SOME OF 'EM ARE WANTING TO SCREEN THINGS LIKE WE SAW TODAY WE HAD, IT WAS WASN'T I D Z, BUT YOU KNOW, THE, THE GENTLEMAN HAD A, HE TOOK A A, A COMMERCIAL TYPE AREA AND HE WANTED TO HAVE THIS SOLID FENCE THAT WENT AROUND AND IT WAS JUST, I SEE, I SEE MORE OF IT, I THINK, BUT WE'LL SEE. UM, ANY SO NO OTHER COMMENTS ON THE MINUTES? OKAY. DOES ANYBODY LIKE TO MAKE A MOTION? MOTION? OKAY. MOTION TO APPROVE. THE MINUTES IS AMENDED BY COMMISSIONER MANEZ OR SEC SECOND BY COMMISSIONER KAPLAN. WE [04:10:01] CAN HAVE A VOICE VOTE. UM, ALL IN FAVOR? AYE. ANY OPPOSED? HEARING NONE. MOTION PASSAGE UNANIMOUSLY BY VOICE VOTE. UH, IS THERE A [ Director’s Report  ] DIRECTOR'S REPORT? YES. JUST VERY QUICKLY, THE GENTLEMAN THAT WAS HERE LOOKING AT THE THERMOSTATS, IT TURNS OUT THAT THE READING IN THAT BACK ROOM IS WHAT'S THROWING OFF THE READING IN THE WHOLE ROOM. SO IT'S MAKING IT SUPER COLD IN HERE. BUT IF YOU WALK INTO THAT LITTLE ROOM BACK THERE, IT'S HOT. THAT'S WHY THEY NEVER HAVE JACKETS ON. IT'S SUPER RIGHT. . SO, SO HE IS WOR HE IS ACTIVELY WORKING ON THAT RIGHT NOW. BUT WE HAVE CALLED MULTIPLE TIMES AND THEY, I THINK THEY THOUGHT WE WERE CRAZY. SO SOMEBODY FINALLY CAME TO CHECK TO MAKE SURE TO SEE WHAT WAS WELL, 'CAUSE THEY DIDN'T HAVE THE FULL TO SEE WHAT'S GOING ON. THEY DIDN'T HAVE THE FULL WALL AND, AND ENCLOSURE RIGHT. LONG TIME AGO. EXACTLY. SO WHEN THAT WALL GOT ENCLOSED, IT CREATED THE ISSUE WITH THE THERMOSTAT. SO WE HAVE BEEN ACTUALLY ASKING THEM FOR WEEKS AND THEY HAVE BEEN ADJUSTING IT AND, BUT IT'S DOING NOTHING BECAUSE OF THE THERMOSTAT IN THERE. I'M GLAD THAT Y'ALL ARE BEING PROACTIVE ABOUT THAT. THAT'S AWESOME. ALSO, UM, A COUPLE THINGS. NEXT MEETING, YOU HAVE YOUR ELECTIONS COMING UP FOR OFFICERS AND THEN ALSO, UM, WE FOR UH, PRO TE YES. OKAY. WE WILL ALSO NEED, UM, TO REVIEW CONSIDERATION OF, UM, CANCELING THE DECEMBER 19TH MEETING. 'CAUSE WE WON'T NEED IT. WE'RE, WE'RE OKAY. WE'RE OKAY BECAUSE I THOUGHT THAT WE NEEDED THREE MORE AND THEN WE ONLY REALLY JUST HAD THE ONE, SO NO, MARCO IS, UH, KICKING BUTT AND SO HE'S GOT 'EM GOING MOVING. AWESOME. THANKS MARCO. WHAT, WHAT UH, SO THE NEXT MEETING, THE ONLY OTHER MEETING IN DECEMBER IS GONNA BE NEXT WEEK. NEXT WEEK. SO YOU DO HAVE THAT ONE, YOU HAVE THE 12TH, SO YOU HAVE A BACK TO BACK, BUT THEN AFTER THAT YOU'RE FREE FOR THE REST OF THE, OF THE YEAR. YEAH. SOUNDS LIKE A DEAL. THANK YOU EVERYONE. FIVE 30. I HEREBY UH, CALL THIS MEETING ADJOURNED. * 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.