* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:01] ALL RIGHT. IT'S, UH, ONE OH ONE AND WE'RE GONNA CALL THE, UH, MEETING TO ORDER. IF THE SPANISH INTERPRETER COULD COME OUT, PLEASE AND DO THEIR PRESENTATION. GOOD AFTERNOON, THE INTERPRET. THANK YOU. THANK YOU. SO STAFF COULD PLEASE TAKE ROLE. MR. SPILLMAN? PRESENT. MR. MANCHACA? PRESENT. MR. VASQUEZ? PRESENT. MS. CRUZ? HERE. MR. MANNA PRESENT. MS. BRAGMAN? PRESENT. MS. KAPLAN? PRESENT. MS. LIND? PRESENT. MR. ZUNIGA? PRESENT. MR. UNA PRESENT CHAIR ORIAN AND I AM PRESENT. SO WE HAVE A QUORUM OF 11. ALRIGHT, SO IF EVERYONE COULD BE, UH, PLEASE BE KIND OF TO SILENCE ALL THEIR MO UH, MOBILE DEVICES. I'D LIKE TO, UH, WELCOME YOU TO JOIN ME WITH THE FOR THE PLEDGE OF ALLEGIANCE. I PLEDGE ALLEGIANCE TO THE FLAG IN THE UNITED STATES OF AMERICA IN DUE TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INVIS LIBERTY, ALLEGIANCE, JUSTICE FOR HONORING THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO BE TEXAS, ONE STATE UNDER AND ONE MUNICIPAL. THE LIGHTS BACK ON. SO, BEFORE WE PROCEED [ Briefing and Possible Action on the following items  ] WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION. THE BOARD FOLLOWS AN AGENDA, WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY A NUMBER WITH THE NAME OF THE APPLICANT IS 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 WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS, I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS THE CHAIR, AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING. WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL. THE BOARD IS SUPPORTED BY THE MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT, AND WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION TO DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE IN AN ADVISORY AND AN APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES AND REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE. IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY THE CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT 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 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 RELIEF SOUGHT RESTS WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUEST OF RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISIONS OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL. SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW. BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S. DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. PLEASE LIMIT YOUR PRESENTATION AND REMARKS OF THE PERTINENT FACTS OF YOUR CASE STAFF. GOOD AFTERNOON. STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF REQUEST. PART OF THE PRESENTATION INCLUDES MAPS THAT SHOW THE AREA TO BE CONSIDERED FOR A VARIANCE OR SPECIAL EXEMPTION AND PROPERTY WITHIN 200 FEET OF THE SUBJECT PROPERTY. CHECK MARK INDICATE THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND X INDICATES THE PROPERTY OWNER IS IN OPPOSITION FOLLOWING THIS PRESENTATION. ANY OTHER QUESTIONS ABOUT THE BOARD? THE APPLICANT WILL PRESENT THEIR REQUEST. FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE FOR SPECIAL EXEMPTION. YOU'LL BE CALLED IN ANY ORDER THAT YOU SIGNED UP TO SPEAK. THOSE SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM THREE MINUTES PER SPEAKER. YOU'RE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION. FOR THOSE THAT WOULD LIKE TO GIVE THEIR TIME TO A SPEAKER. THAT SPEAKER CAN BE ALLOWED UP TO TWO PEOPLE GIVEN THEIR TIME [00:05:01] FOR A TOTAL OF NINE MINUTES. THOSE GIVEN UP, THEIR TIME MUST BE PRESENT AND SIGNED IN TO SPEAK GROUPS CONSISTENT. THREE OR MORE CITIZENS WILL BE ALLOTTED NINE MINUTES TOTAL TO ADDRESS THE BOARD ON THE ITEM. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU, CHAIRMAN. YES. THANK YOU. SO THE FIRST ITEM ON OUR AGENDA IS, UH, DISCUSSION NOMINATIONS AND ELECTION OF A, THE PRO 10 OFFICER. SO AT THIS TIME I'M GONNA TAKE, UM, ANY NOMINATIONS FROM THE COMMISSION. MR. CHAIRMAN? YES. COMMISSIONER. I WOULD LIKE TO, I WOULD LIKE TO NOMINATE MS. VERMAN FOR THE POSITION OF PRO TE. OKAY. I MEAN, SHE COMES IN WITH A LOT OF EXPERIENCE AND, UH, EVEN REPRESENTING THE STATE OF TEXAS WAS HOUSING, UH, FOR MANY YEARS HER TENACITY AND HER VIGOROUSLY OPPOSING, EVEN IN THE FEDERAL GOVERNMENT GOING OVER EVERY YEAR. AND THEN EVEN IN THE STATE OF TEXAS. SHE'S VERY, VERY LOYAL AND VERY DISTRICT, WHICH IS, SO, IT'S REALLY NOT BECAUSE MS. MARTIN IS A WOMAN, BUT IT'S HER EXPERIENCE QUALIFICATIONS HER, HER SMOOTHNESS AND HER CORE VALUES. THANK YOU. ALL RIGHT. THANK YOU. COMMISSIONER BRACKMAN, DO YOU ACCEPT THE NOMINATION? I DO. THANK YOU. COMMISSIONER. UH, ZUNIGA. OKAY. ARE THERE ANY OTHER COMMISSIONERS WHO'D LIKE TO MAKE A NOMINATION? I NOMINATE YOU, ME FOR PRO TEMP TO BE COMMISSIONED TO BE CHAIR. OH, NO, WE'RE ONLY DOING PRO TEM. OH, PRO. IT'S OKAY. SORRY. I THOUGHT WE WERE TALKING ABOUT MOTION. YEAH, WE USUALLY DO THAT AT ONE TIME, BUT THIS TIME WE'RE JUST DOING PRO TE UH, ARE THERE ANY OTHER NOMINATIONS ON THE FLOOR? MR. CHAIRMAN? COMMISSIONER ZUNIGA? I MOVE THAT WE, UH, ELECT MS. BERTMAN BY ACCLIMATION IF THERE'S NO OPPOSITION. I, I SO MOVED. I MEAN, I SECOND THAT. NO, THE, WE'RE ONLY DOING THE ONE. THE TERMS ARE GOOD FOR TWO. OKAY. SO WITH UH, NO OPPOSITION, COMMISSIONER BRAGMAN IS THE PRO TEM IS HEREBY ELECTED BY ACCLAMATION PRO TEM. UH, AND, UH, HER TERM ENDS, UH, IN JANUARY OF 2024 WITH THE OTHER OFFICERS. ALL GREAT. CONGRATULATIONS. THANK YOU. SPEECH? SPEECH. ALRIGHT, UH, WE'RE GONNA BE MOVING, UH, ITEMS, UM, FIVE AND SEVEN TO THE FRONT. WE'RE GONNA START WITH ITEM NUMBER SEVEN. UM, ITEM NUMBER SEVEN IS, UH, REQUESTING A CONTINUANCE TILL TWO JANUARY 23RD. UH, FOR THE, UH, STAFF ATTORNEY, DO WE HAVE TO HEAR A PRESENTATION OR CAN WE JUST GO STRAIGHT TO A MOTION? YOU CAN GO JUST STRAIGHT TO THE MOTION. ALL RIGHT. I'M LOOKING FOR A MOTION FOR JAN TO CONTINUE CONTINUE THIS ITEM TO JANUARY. WE DO HAVE, UH, PUBLIC SPEAKERS ON THIS. I APOLOGIZE. UH, LET'S, LET'S HEAR THEM OUT. UH, WE HAVE ONE VOICEMAIL. YOU CAN START WITH THE VOICEMAIL PLEASE. GREAT. CAN WE MENTION THE CASE NUMBER? THIS IS, UH, SO ITEM NUMBER SEVEN IS BO O A 22 DASH 1 0 3 0 0 2 43, LOCATED AT 2,900 FREDERICKSBURG ROAD. A REQUEST BY BUDGET SIGNS FOR A 30 FOOT EIGHT INCH VARIANCE FROM THE 24 FOOT SIGN HEIGHT MAXIMUM TO ALLOW A SIGN TO BE 54 FEET, EIGHT INCHES TALL. STAFF IS RECOMMENDING APPROVAL. UH, IF YOU CAN GO AHEAD WITH THE VOICEMAIL PLEASE FOR ITEM 2, 4 3. MY NAME IS COLLEEN WACK. I LIVE AT 1603 TARTAN LANE, 2 1 0 2 5 9 7 0 6 7. I'M CALLING IN REGARD TO CASE NUMBER 2 43 AT 2,900 FREDERICKSBURG ROAD. REQUEST FOR A 30 FOOT EIGHT INCH VARIANCE FROM THE 24 FOOT SIGN HEIGHT MAXIMUM. I'M REQUESTING THE CONTINUANCE ON THIS CASE. THE REQUESTED VARIANCE WOULD MORE THAN TWICE BE TWICE THE ALLOWABLE 24 FOOT HEIGHT MAXIMUM. I RECOGNIZE THE NEED FOR REPAIRS TO THIS STORM DAMAGE SIGN. HOWEVER, STREET VIEW FROM GOOGLE MAPS SHOWS THAT STRICT ENFORCEMENT OF THE 24 MAXIMUM WOULD INDEED MAKE THE SIGN UNBEATABLE AT ITS CURRENT LOCATION. HOWEVER, THAT STREET VIEW ALSO SHOWS THAT AT ITS CURRENT HEIGHT OF 30 FOOT, THE SIGN CAN BE SEEN ABOVE THE TREETOPS. I UNDERSTAND THAT TREES GROW AND THAT THE BANK DOES NOT WANT TO DESTROY L THE TREES. HOWEVER, A MORE MODERATE SIGN HEIGHT WOULD ALLOW FOR VIEWAGE WITHOUT REMOVAL OF TREES. FURTHER, I HAVE BEEN UNABLE TO IDENTIFY ANY SIGNS ALONG THIS ROADWAY OR WITHIN A REASONABLE [00:10:01] DISTANCE, WHICH APPROACH THE 54 FOOT EIGHT INCH REQUEST. I SUGGEST THAT A CONTINUANCE TO ALLOW TIME FOR THE BANK TO WORK WITH THE COMMUNITY ART TO FIND A MUTUALLY AGREED SIGN HEIGHT BE GRANTED. THANK YOU. ALRIGHT, THANK YOU. IS THERE ANY OTHER, UH, PUBLIC COMMENTARY? ALL RIGHT. FIRST SPEAKER IS MRS. MALDONADO. I'D LIKE TO BILL MY TIME TO MRS. MALVO PLEASE. WHAT'S YOUR NAME? PATTY. PATTY ZION. I'LL BE BRIEF. WE WERE SUPPORTIVE OF A CONTINUANCE, UH, THE MONTICELLO PARK NEIGHBORHOOD ASSOCIATION. UH, WE ALSO, DURING THE CONTINUANCE TIME, ASKED THAT STAFF RESPOND TO OUR QUESTIONS WHERE WE SPECIFICALLY ASKED FOR CLARIFICATION ON THEIR SIMILAR COMMENTS, UH, REGARDING THEIR RECOMMENDATIONS. SPECIFICALLY, WHERE ARE THESE OTHER SITES THAT ARE SIMILAR AND HYPE THAT THEY'RE BASING THEIR RECOMMENDATION AGAINST? THANK YOU FOR THE OPPORTUNITY TO SPEAK. ALRIGHT, THANK YOU. IS THERE ANYONE ELSE SIGNED UP? UH, MILTON ZION LUKI. OKAY. UM, ALRIGHT. THAT'S ALL. THAT'S IT. ALRIGHT, SO WE'RE LOOKING FOR A MOTION. WHAT'S THE NEXT AVAILABLE DATE? UH, JANUARY 23RD. UM, I MOVE THAT B O A DASH 22 DASH 0 3 0 0 2 4 3 BE CONTINUED TO JANUARY 4TH. YES. 23RD. 23RD. SORRY, SECOND. WE HAVE A MOTION AND A SECOND. UM, I HAVE A VOICE. VOTE PLEASE. ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? ITEM IS CONTINUED TO JANUARY 23RD. 2023. ALRIGHT, I WILL BE, UH, TURNING THE MEETING OVER TO VICE CHAIR Z THIS TIME. THANK YOU MR. CHAIR. SO, AT THE PREROGATIVE OF THE, UH, CHAIR, I'M GONNA BE ASKING THAT ITEMS NUMBER FIVE AND SIX OF WHICH ARE THE ITEMS THAT THE CHAIR IS GONNA BE RECUSING HIMSELF, UH, TO BE PRESENTED SO WE CAN, UH, KIND OF MAKE MOST EFFICIENT USE OF THE TIME. SO STAFF, CAN WE MOVE FORWARD WITH ITEM NUMBER FIVE, WHICH IS THE CASE TWO 40. ALL ITEM NUMBER FIVE IS REQUESTING ALSO A CONTINUANCE TO JANUARY 23RD, BO O A 22 DASH 1 0 3 0 0 2 4 0. LOCATED AT 9 9 5 SOUTHWEST 36TH STREET. UH, REQUEST BY ALVIN PETERS FOR A SEVEN FOOT SIX INCH VARIANCE FROM THE REQUIRED 15 FOOT BUFFER TO ALLOW A SEVEN FOOT SIX INCH SIDE BUFFER NEXT TO A RESIDENTIAL LOT, A NINE FOOT NINE INCH VARIANCE FROM THE REQUIRED 15 FOOT BUFFER THAT ALLOW THE FIVE FOOT THREE INCH SIDE BUFFER ALONG A MINOR ARTERIAL. A SEVEN FOOT FOUR INCH VARIANCE FROM THE REQUIRED 10 FOOT BUFFER TO ALLOW A TWO FOOT EIGHT INCH SIDE BUFFER ALONG A COLLECTOR AND A 20 FOOT VARIANCE FROM THE REQUIRED 30 FOOT SIDE SETBACK TO ALLOW A STRUCTURE TO HAVE 10 FOOT, TO HAVE EIGHT 10 FOOT SIDE SETBACK. STAFF RECOMMENDED STAFF RECOMMENDS APPROVAL AND THE APPLICANT IS REQUESTING A CONTINUOUSLY JANUARY 23. THANK YOU. DO WE HAVE ANY, UH, ANY COMMUNITY, UH, SPEAKERS? NO PUBLIC SPEAKER, SIR. OKAY. UH, DO I HEAR A MOTION FOR CONTINUANCE? YES. I MOVE THAT WE, UH, CONTINUE. CASE NUMBER BO O A DASH 22 DASH 1 0 3 2 4 TO JANUARY 23RD. JANUARY 23RD. SECOND. THANK YOU MS. BRAGMAN. OKAY. CAN WE GET A ROLL CALL? VOTE MS. BRAGMAN. I CONCUR. MS. CRUZ I CONCUR. MR. SPILLMAN I CONCUR. MR. MACHACA I CONCUR. MR. VASQUEZ. I CONCUR. MR. MANNA. I CONCUR. MS. KAPLAN I CONCUR. MS. LIND I CONCUR. MS. ZUNIGA, I CONCUR. AND MR. AONA? YES, I CONCUR. THANK YOU. ALRIGHT, NEXT CASE WOULD BE CASE NUMBER SIX, WHICH IS, UH, NUMBER 2 41. ALL RIGHT. UM, BO O 8 22 1 0 3 0 0 2 4 1 LOCATED AT 2 0 6 LOV STREET IN COUNCIL. OBJECTION NUMBER ONE. UM, APPLICANT BEING LAKE FAT PLATEAU ARCHITECTS, UM, REQUEST FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FROM THE FIVE FOOT MINIMUM SIDE PROPERTY SETBACK FOR A STRUCTURE TO BE ONE INCH FROM THE SIDE PROPERTY LINE. AND TWO, WE REQUEST FOR A NINE FOOT 11 INCH VARIANCE FROM THE 10 FOOT MINIMUM REAR PROPERTY SETBACK TO, FOR A STRUCTURE TO BE ONE INCH FROM THE REAR PROPERTY LINE. UH, CURRENT ZONINGS ARE IN FOUR RESIDENTIAL MIX. UH, THE NEW STORY, THE NEW TWO STORY BUILDING HAS THE SAME FLOOR FOOTPRINT AS THE PREVIOUS HISTORIC STRUCTURE. THE APPLICANT HAD REQUESTED A CERTIFICATE OF APPROPRIATENESS FROM THE OFFICE OF HISTORIC PRESERVATION. UM, O H P STAFF HAS RECOMMENDED APPROVAL TO CONSTRUCT A TWO-STORY RESIDENTIAL STRUCTURE IN THE LOCATION OF THE EXISTING REAR UH, RESIDENTIAL [00:15:01] STRUCTURE. UM, THAT IS THE SITE PLAN WHERE THE, UH, BUILDING THAT IS PROPOSED. IT'S, IT'S GONNA BE TOWARDS THE BOTTOM LEFT. UM, SO THAT IS THE SUBJECT PROPERTY FROM THE FRONT, UM, THE REAR, THE SIDE OF IT GOING TOWARDS THE REAR OF WHERE THE STRUCTURE IS GOING TO BE LOCATED. UM, AND THEN THAT IS WHERE THE STRUCTURE IS PROPOSED. THAT, AND THAT'S CURRENTLY THE STRUCTURE THAT'S ON RIGHT NOW. AND THAT'S GONNA BE THE SAME FOR THE NEXT FEW PICTURES. UH, SO STAFF RECOMMENDS APPROVAL IN BO O A 22 1 0 3 0 0 2 4 1 BASED ON THE FOLLOWING. FINDINGS OF FACT OF THE REQUEST DOES NOT APPEAR OUTTA CHARACTER FOR THE AREA AS THERE ARE SIMILAR STRUCTURES IN THE SURROUNDING AREA. AND THE NEW DEVELOPMENT WILL BE THE SAME FOOTPRINT AS THE HISTORIC STRUCTURE. AND THEN STAFF RECOMMENDS DENIAL FOR THE SIDE SETBACK IN BO O A 2 2 1 0 3, UH, 0 0 2 4 1 BASED ON THE FOLLOWING FINDINGS OF FACT, UH, THE REQUEST DOES NOT LEAVE ENOUGH ROOM FOR MAINTENANCE AND THE NEW DEVELOPMENT WERE REQUIRED TO FOLLOW THE CURRENT U D C STANDARDS. UH, THERE WERE 27 NOTICES SENT OUT. UM, THERE WAS ONE IN FAVOR. THERE WAS ONE IN OPPOSITION. AND THE LAVACCA HOMEOWNERS ASSOCIATION IS IN FAVOR. AND I BELIEVE THE NEXT SLIDE IS WHAT THE LETTER SAYS. YES, THAT'S WHAT IT SAYS. YOU CAN JUST LEAVE IT ON THAT ONE FOR A BIT. UM, THAT CONCLUDES, UM, STAFF PRESENTATION. THE APPLICANT SHOULD BE PRESENT. COME ON HERE. ALRIGHT. THANK YOU. APPLICANT. PLEASE COME FORWARD. MM-HMM. ME. OH, THE APPLICANT. I'M A LITTLE BIT CONFUSED. IS THIS ME OR IS THIS HER? WHO IS THE APPLICANT? UM, 1 0 4 PARDO ON MY FENCE. Y'ALL HAVEN'T GOTTEN UP TO THAT ONE? THIS IS TWO, IT'S LAVACCA STREET. NO, I'M NOT ON LAVACCA STREET. I'M ON, WE'RE NOT DOING THAT CASE YET, SO I'M, I'M STILL NOT UP. OKAY. YEAH, YOU'RE NOT YET. HI. THANK YOU. UH, PLEASE PROCEED. UH, I'M VICKI YUEN WITH LAKE PLATO ARCHITECTS. UM, SO I GUESS, UM, WHAT IS THE PROMPT? SO IF YOU WANNA MAKE YOUR PRESENTATION AS TO THE VARIANCE YOU'RE SEEKING, UH, FOR THE DIFFERENT YES. SO OUR PROJECT IS A, UH, REAR TWO STORY, UH, RESIDENTIAL STRUCTURE RE UM, PROPOSED TO REPLACE THE EXISTING REAR UH, RESIDENTIAL STRUCTURE IN MORE OR LESS THE SAME MASSING MASSING AS THE EXISTING. UM, THE EXISTING STRUCTURE IS IN, UM, A, A SORT OF DILAPIDATED CONDITION THAT, UM, DOES NOT OH, THANK YOU. UM, IS, DOES NOT, UH, IS, IS NOT IN, IN A, UH, APPROPRIATE SORT OF, UM, RENOVATE LIKE WE'VE, UH, IT'S, IT'S NOT, IT'S NOT IN GOOD ENOUGH CONDITION TO SORT OF RENOVATE. AND SO, UM, WE HAVE RECEIVED THE APPROVAL FROM HISTORIC TO DEMOLISH THE, THE STRUCTURE. IT'S NOT DEEMED, UM, HISTORICALLY SIGNIFICANT OR CONTRIBUTING TO THE NEIGHBORHOOD. UM, AND GIVEN THE LOCATION IN THE SORT OF TIGHT LOT THAT THESE, UM, THAT THIS NEIGHBORHOOD HAS, UM, WITH THE REAR YARD, UM, WE'RE PROPOSING TO LOCATE THE NEW STRUCTURE ON THE SAME FOOTPRINT, WHICH HAPPENS TO BE IN THE NON-CONFORMING SETBACKS TO THE REAR AND THE SIDE. UM, IT PRESERVES AN EXISTING TWO EXISTING TREES, UM, THAT ARE ADJACENT TO THE BUILDING. IT, IT PRESERVES SOME PARKING THAT'S REQUIRED FOR, UM, THE OTHER RESIDENTS. SO IT'S REALLY KIND OF THE BEST LOCATION FOR THE NEW STRUCTURE. AND GIVEN THAT THERE ARE MANY STRUCTURES, UM, IN THE NEIGHBORHOOD THAT ARE ON, IN WITHIN THESE NON-CONFORMING SETBACKS, WE FEEL IT IS APPROPRIATE FOR THE NEIGHBORHOOD. ALRIGHT. THANK YOU. LET'S SEE IF WE HAVE ANY, UH, ANYBODY SIGNED UP TO SPEAK? NO PUBLIC COMMENT. NO PUBLIC COMMENT. OKAY. WOULD YOU BE, SO ANY QUESTIONS FROM THE, THE BOARD FOR THE APPLICANT? MACHACA? MR. MACHACA, I HAVE A QUESTION. YOU WILL BE DEMOLISHING THE EXISTING STRUCTURE, IS THAT CORRECT? WE'RE DEMOLISHING IT. YES. YES. SO YOU WILL NOT BE USING THE SAME FOOTPRINT WE'VE EVALUATED? WELL, WE ARE USING THE SAME FOOTPRINT. WE'RE NOT USING THE SAME FOUNDATION IF THAT'S, UM, IN QUESTION. WE TRY TO, BUT OUR, OUR CONTRACTOR AND OUR STRUCTURAL ENGINEER, UH, EVALUATED IT AND IT, IT'S NOT, UM, IT'S, IT DOESN'T WORK WELL TO, TO REUSE IT. SO THAT'S WHERE IT COMES IN. FOR YOUR REQUEST FOR THE ONE INCH, YOU'RE GONNA MAKE IT BIGGER. RIGHT. IT'S ACTUALLY, UH, FAIRLY ALMOST THE SAME FOOTPRINT. SO, UM, WE'RE MAKING IT SLIGHTLY BIGGER IN TOWARDS THE, TOWARDS THE LOT, BUT NOT, NOT IN TERMS OF WIDTH. THAT'S WHAT I WAS TRYING TO UNDERSTAND. THANK YOU. THANK YOU. THANK MR. MAKA, MR MAN. SO, UM, COULD STAFF BRING UP, UM, THERE, UH, I GUESS A VIEW FROM GOOGLE EARTH AND I'M LOOKING AT, I GUESS THE BACKSIDE, THE STREET ON THE BACKSIDE. 'CAUSE IT DOES SHOW A STRUCTURE, UM, THAT'S ADJACENT TO IT. AND THE ADJACENT, THE ADJACENT STRUCTURE IS ALL WOOD. AND SO, SO THERE IS, I GUESS THE, THE WHOLE DIALOGUE THAT WE NORMALLY HAVE WITH REGARDS TO FIRE SAFETY AND WHAT HAVE YOU. AND SO IF, SO ASSUMING THAT THEY'RE, IT [00:20:01] LOOKS LIKE PRETTY NARROW SPACE THERE BETWEEN THE TWO. AND SO I GUESS, UM, ARE, WE COULD BE DOING ANYTHING WITH REGARDS TO THE NEIGHBORING PROPERTY FOR FIRE RATING AS WELL AS YOUR PROPERTY. SO WE WERE GONNA HAVE A, A FIRE RATED WALL ASSEMBLY ON THAT, ON THAT SIDE SETBACK LINE AS WELL AS, UM, UH, USE FIRE RETARDANT LUMBER, UM, FOR THE, FOR THE MATERIALS TO HELP KIND OF MITIGATE THAT FIRE SPREAD CONCERN. AND THAT WAS GONNA BE APPLIED AS A CODE MODIFICATION REQUEST. AND, AND SINCE THAT'S A SORT OF BUILDING PERMITTING ISSUE, COULD THE CITY BRING UP THE VIEW PLEASE SO WE CAN LOOK AT IT? SO, UM, UH, GOOGLE MAPS, SO, AND THEN IF YOU DRIVE ON THE BACK STREET, YEAH. SO ACTUALLY IF YOU GO TO FURTHER DOWN THAT STREET PAST THE, THERE YOU GO. ONE MORE. NOW COME BACK AND LOOK AROUND. SO, OKAY. SO YEAH. SO THAT, THAT LOOKS CLOSE AND CHALLENGING, SO, OKAY. I GUESS I'LL SAY THAT IT IS THE IN EXISTING CONDITION OF THE EXISTING STRUCTURE. THANK YOU, MR. MENA. DO WE HAVE ANY QUES OTHER QUESTIONS FROM THE BOARD? BRAGMAN, MS. BRAGMAN, THIS IS A QUESTION FOR STAFF. SO WHAT IS, WHAT IS THE DISTANCE BETWEEN THOSE TWO, UH, UH, STRUCTURES? THE, THE ONE THAT'S BEING TORN DOWN AND THAT, UH, BROWN WOODEN ONE THAT'S, UM, ON THIS, ON THE SIDE SETBACK, IT'S FIVE FEET. IT'S FIVE FEET. IT'S FIVE FEET. MM-HMM. BETWEEN THE STRUCTURES. MM-HMM. , YOU HAVE ANY OTHER QUESTION? WELL, UH, MY QUESTION AGAIN FOR STAFF. SO, UM, THE STRUCTURE THAT'S ON THE RIGHT, THE BROWN ONE LOOKS TO BE FAIRLY NEW, IS THAT CORRECT? UH, IT DOES LOOK FAIRLY NEW. YES, MA'AM. SO I'M JUST WONDERING HOW THEY GOT THE PERMIT TO BE SO CLOSE TO THE EXISTING STRUCTURE. WE CAN RESEARCH THAT. UM, I DON'T KNOW IF THEY DID A WORK UNDER 50%, UM, TO BE STILL WITHIN NOT HAVING TO DO A NONCONFORM OR ANYTHING LIKE THAT. UM, BUT WE'LL RESEARCH THAT. UH, SO I ACTUALLY WORKED ON THE BUILDING NEXT DOOR. IT'S THE SAME OWNER. UM, AND THAT, THAT STRUCTURE WAS BUILT IN ABOUT 2012, BUT I BELIEVE IT WAS AN EXISTING GARAGE THAT THEY ADDED A, IT EITHER ALREADY HAD THE SECOND FLOOR OR THEY RENOVATED IT, BUT IT WAS RENOVATED ABOUT 12 YEARS AGO, UM, OR 10 YEARS AGO. UM, BUT IT WAS, I THINK IT WAS THE EXISTING HISTORIC STRUCTURE. OKAY. THAT WAS RENOVATED. THAT'S GOOD INFORMATION. THANK YOU. I, I HAVE A QUESTION. SO THE, UM, IF THE VARIANCE IS NOT APPROVED TODAY, WHAT, WHAT WAS A HARDSHIP THAT YOU, THAT WOULD BE IMPOSED ON THE PROPERTY OWNER IF FOR WHATEVER REASON THE VARIANCE IS NOT APPROVED TODAY? UM, THE HARDSHIP IS JUST THAT THERE'S, THE REAR YARD IS SO, IS SO TIGHT THAT IT DOES NOT, IT, IT, MOVING THE BUILDING TO MEET THE, THE SETBACKS WOULD PREVENT ANY, UM, PARKING ON SITE AND SORT OF AN, UM, REQUIRE REMOVAL OF EXISTING TREES, WHICH WE'RE TRYING TO PREVENT. SO, AND THE FALLBACK WOULD BE, I GUESS THE EXISTING CONDITION WOULD REMAIN, RIGHT? THAT BUILDING WOULD, YES, EXACTLY. WE COULD ALSO, YEAH, JUST NOT TRY TO RETAIN SOME OF THE STRUCTURE TO RENOVATE IT, BUT IT'S KEEP WITHIN THE 50% AND DID THE STRUCTURE WOULD REMAIN RIGHT IF NOT CORRECT. IT'S JUST, WE, WE ACTUALLY DID OUR CONTRACTOR PUT NUMBERS TO KEEPING THE BUILDING AND RENOVATING IT VERSUS, YOU KNOW, UM, DEMOLISHING IT AND BUILDING NEW AND IT WAS ACTUALLY LESS EXPENSIVE TO BUILD NEW, UM, SO IT'S SOMEWHAT OF AN ECONOMIC HARDSHIP IF IN THAT SENSE. OKAY. THANK YOU. SO YOU SAID THAT YOU DO SOME KIND OF FIRE RATED, UM, CONSTRUCTION MATERIAL. CORRECT. WE WOULD HAVE A FAR RATED WALL ASSEMBLY ON THAT, UM, SIDE SETBACK LINE, AND THEN WE HAVE NO OPENINGS IN IT. SO THAT WOULD, THERE ARE NO ISSUES WITH THE, THE SORT OF FIRE SPREAD POTENTIAL THERE. AND THEN, UM, SINCE WE'RE RIGHT, WE'RE PROPOSING TO BE RIGHT UP AGAINST THE PROPERTY LINE, YOU KNOW, WE ACTUALLY WON'T HAVE AN OVERHANG. UM, SO THERE, BUT ALL MATERIALS WOULD BE FIRE, UH, RETARDANT. YOU'RE GONNA HAVE AN OVERHANG WHEN YOU HAVE WE ARE NOT HAVING, OH, YOU'RE NOT. WE DO NOT HAVE AN OVERHANG. CORRECT. CRUZ CHU, MS. CRUZ, AND THEN MR. MR. CHUGA. OKAY. I HAD A QUESTION. AND BESIDES THAT, I'M TOTALLY CONFUSED NOW. HOW MANY BUILDINGS ARE ACTUALLY ON THE PROPERTY RIGHT NOW? EXISTING? THERE ARE THREE STRUCTURES ON THE BUILDING. UH, THREE STRUCTURES ON THE LOT. OKAY. SO ON THE SITE PLAN, THE OTHER TWO BUILDINGS ARE ALREADY THERE. OKAY. AND THOSE ARE GONNA STAY, YOU'RE JUST GONNA DO THE ONE IN THE REAR? CORRECT. OKAY. THANK YOU MR. MACHACA. IN REFERENCE TO YOUR, UH, EARLIER YOU SAID THAT LIKE THERE WAS FIVE FEET BETWEEN THE TWO BUILDINGS AND, UM, YOU SAID FIRE RATED MATERIALS. SO THAT MEANS WHEN YOU PUT THE FIRST BUILDING IN, IT ALREADY HAD LIKE A SETBACK. THEY LIKE TWO AND A HALF FEET, AND THE NEXT ONE'S GONNA BE TWO AND A HALF FEET TO THE PROPERTY LINE. IS THAT CORRECT? WELL, THE BUILDING NEXT DOOR IS FIVE FEET FROM THE PROPERTY LINE, WHICH IS AT THE SETBACK. GOOD. THAT'S WHAT I WANT TO KNOW. THANK YOU. THANK YOU. ANY OTHER QUESTIONS WITH NO OTHER OPPOSITION? UM, I'LL ASK, IS THERE, IS THERE A BOARD MEMBER WILLING TO [00:25:01] MAKE A MOTION? MS. BREGMAN? MS. BREGMAN, THERE'S TWO, THERE'S TWO, UM, REQUESTS AS PART OF THE VARIANCE, ARE WE GONNA READ 'EM ALL AS ONE OR BREAK 'EM DOWN OR, UM, MY RECOMMENDATION WOULD BE TO READ 'EM ALL AS AS ONE MOTION. AND LET'S TAKE A VOTE AND GET THE PULSE OF THE BOARD. NO, IT'S GONNA BE HERE. OKAY. OKAY. REGARDING CASE NUMBER BO O A DASH 22 DASH 0 3 2 4 1, I MOVE THROUGH THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR ONE, A FOUR FOOT 11 INCH VARIANCE FROM THE FIVE FOOT MINIMUM SIDE PROPERTY SETBACK FOR A STRUCTURE TO BE ONE INCH FROM THE SIDE PROPERTY LINE. AND TWO, A REQUEST FOR NINE FOOT 11 INCH VARIANCE FROM THE 10 FOOT MINIMUM REAR PROPERTY SETBACK FOR A STRUCTURE TO BE ONE INCH FROM THE REAR PROPERTY LINE SITUATED AT 2 0 6 LAVACCA STREET. APPLICANT BEING LAKE FLATTO ARCHITECTS, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACT THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THE LITERAL ENFORCEMENT OF THE PROVISION OF THE UNIFIED DEVELOPMENT CODE AS AMENDED, YOU'RE FINE, WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE NEW STRUCTURE WILL BE ON AN EXISTING FLOOR FOOT FOOTPRINT AND APPEARS TO PROVIDE ADEQUATE SPACE ALONG THE SIDE AND REAR PROPERTY. LINE TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF FINDS THAT UNNECESSARY HARDSHIP DUE TO THE LIMITED SIZE OF THE YARD AND LOCATION OF THE FOUNDATION. 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 AND REAR 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 OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY IN THE 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 ALTERED 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 AS THE NEW STRUCTURE WILL BE IN THE REAR YARD. AND ON A SIMILAR FOOTPRINT. SIX. THE BLIGHT OF THE OWNER FOR WHICH THE VARIANCE IS SOUGHT AS DUE. UNIQUE, UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CI CIRCUMSTANCES WERE NOT CREATED BY THE PROPERTY, BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE VARIANCES SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE SIZE AND LOCATION OF THE LOT. THE VARIANCE REQUEST IS NOT MERELY FINANCIAL END OF MOTION. THANK YOU, MS. BRAGMAN. DO I HAVE A SECOND? SECOND. A SECOND. MR. MACHACA, ANY DISCUSSION ON THE MOTION? UM, I'M GONNA BE IN SUPPORT OF THE MOTION. UH, THE, THEY'RE REPLACING IT IN A, IN THE SAME FOOTPRINT AS EXISTING. AND SINCE THE, THE PROPERTY IS OWNED BY THE, THE SAME OWNER, UH, AND THEY'VE ALREADY SAID THAT THEY'RE GONNA USE FIRE RATED MATERIAL, UM, FOR THAT SIDE OF THE PROPERTY, UM, I THINK THAT THAT'S GONNA ADDRESS ANY CONCERNS WHEN IT COMES TO, UH, FIRE SAFETY. THANK YOU, MR. BRAG. MR. MACHACA, I ALSO CONCUR FOR THE SAME REASON MY COLLEAGUE JUST STATED. THANK YOU. THANK YOU MANNA. MR. MANNA. UM, SO, SO I ACTUALLY WOULD'VE VOTED AGAINST THIS HOWEVER LAVACCA IS SUPPORTING IT. AND SO BECAUSE THEY ARE, I'M GONNA GO WITH THEM, BUT OTHERWISE I WOULD NOT HAVE SUPPORTED THIS. SO, BUT THANK YOU. I I HAVE SOME TROUBLE WITH THE, UH, SAFETY AT, AT LEAST IN TERMS OF FIRE BECAUSE OF THE RECENT FIRES THAT, UH, YOU KNOW, PROPERTIES WERE TOO CLOSE TOGETHER AND IT SPREAD ACROSS FIVE BUILDINGS REALLY QUICKLY. BUT, UH, YOU KNOW, SINCE IT'S THE SAME BASIC OWNER, YOU'RE TAKING THE RISK. UH, OTHERWISE I WOULD NOT BE IN FAVOR OF THIS ONE. THANK YOU MR. SK. I'LL, I'LL, I'LL ALSO BE IN FAVOR OF IT BECAUSE, UH, THE OWNER WHO'S MOST AFFECTED DID NOT SAY HE WAS AGAINST IT. HE OR SHE WAS NOT AGAINST IT. SHE'S NOT AGAINST IT WITH NO OTHER, UM, DISCUSSION. STAFF WOULD, LET'S TAKE A ROLL CALL. VOTE MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MANCHACA. I CONCUR. MR. SPIELMAN. I CONCUR. MR. VASQUEZ. I CONCUR. MS. CRUZ. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR. MS. LIND I CONCUR. MR. ZUNIGA CONCUR. [00:30:01] AND MR. OZUNA? YES. I CONCUR WITH THE UNANIMOUS, UH, DECISION. THE, THE VARIANCE HAS REQUESTED. GOOD LUCK WITH THE PROJECT. THANK YOU. THANK YOU SO MUCH. ALRIGHT, THE TIME IS 1 32. LET'S LOOK FOR OUR FEARLESS LEADER. OKAY. WHAT DOES, AWESOME. GOOD JOB. ALL RIGHTY. ALRIGHT, THE TIME IS, UH, 1 33. WE ARE, WE HAVE MR. SPILLMAN AND CHAIR ORIAN ARE BACK IN SESSION. ALL RIGHT, WE'RE ON ITEM NUMBER TWO. CASE ENDING IN, UH, 0 2 1. ALL RIGHT. GOOD AFTERNOON, MARCO MBE, PRINCIPAL PLANNER. UH, CASE NUMBER TWO IS BO O A 22 DASH 1 0 3 0 0 0 21. APPLICANT B MARIO, UH, ROS. OUR REQUEST FOR A FOUR FOOT THREE VARIANCE WITH A FIVE FOOT FROM A FIVE FOOT SIZE SETBACK TO ALLOW A PATIO COVER WITH GUTTERS TO BE NINE INCH AWAY FROM THE SIDE PROPERTY LINE. UH, ONE FOOT TWO INCH SPECIAL EXEMPTION TO THE THREE FOOT SOLID FENCE. MAXIMUM HEIGHT TO ALLOW A FOUR FOOT, TWO INCH SOLID FENCE IN THE FRONT YARD. AND A 10 INCH SPECIAL EXEMPTION TO THE SIX FOOT SOLID FENCE. MAXIMUM HEIGHT TO ALLOW A SIX FOOT, 10 INCH SOLID FENCE IN THE SIDE AND REAR YARD PROPERTY ZONED R FIVE. SUBJECT PROPERTY IS LOCATED ON HERE, FIELD DRIVE, AND IT IS CURRENTLY HAS A SINGLE FAMILY HOME ON THE LOT. THE APPLICANT DIRECTED A PATIO COVERED AS ENCROACHING INTO THE SIDE PROPERTY SETBACK. THE PATIO COVER CURRENTLY HAS GUTTERS INSTALLED DUE TO THE PROXIMITY OF THE PATIO COVER TO THE PROPERTY LINE. NEXT SLIDE. HERE'S THE SITE PLAN SHOWING THE, UM, TWO DIFFERENT FENCE HEIGHTS AND THE PATIO SETBACK. THE FRONT PROPERTY UNDER THE PATIO BACK OF PATIO, SIDE OF THE PATIO, ANOTHER SIDE OF THE PATIO, AND THAT IS THE SETBACK FOR, OR THE FENCE IN THE FRONT AND SURROUNDING PROPERTIES. STAFF RECOMMENDS DENIAL WITH AN ALTERNATE RECOMMENDATION FOR A THREE FOOT SIDE SETBACK, THREE FOOT SETBACK BASED ON THE FOLLOWING FACTS, THERE'S ADEQUATE SPACE FOR THE PATIO COVER TO CONFORM TO THE THREE FOOT SIDE SETBACK AND THE PATIO COVER ALTER THE S THE ESSENTIAL CHARACTER OF THE DISTRICT. NEXT SLIDE. STAFF RECOMMENDS FOR THE SIDE AND REAR YARD FENCE STAFF RECOMMENDS APPROVAL. THE SIDE AND REAR YARD FENCE DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. AND A FENCE WILL PROVIDE ADDITIONAL SECURITY FOR THE HOMEOWNER AND FOR THE FRONT YARD. UH, SPECIAL EXEMPTION FENCE STAFF RECOMMENDS DENIAL. THE FRONT YARD FENCE WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND NO ADDITIONAL SECURITY OR PRIVACY IS ACHIEVED. NEXT SLIDE. THIS IS THE NOTIFICATION PLAN WITHIN 200 FEET AND THE APPLICANT IS PRESENT. QUESTION? YES. UH, COMMISSIONER MACHACA, UH, THERE WAS NO INDICATION WAS THIS BILL WITHOUT PERMIT? THIS WAS A CODE VIOLATION. UH, THERE WAS NO PERMIT FOR THE, UH, FOR THE SITE SETBACK. OKAY. AND IS THERE, UH, DO YOU HAVE A PICTURE OF THE FRONT FENCE? THE FOUR FOOT, THREE INCH FRONT FENCE? YEP. IT SHOULD BE ONE OF THE FIRST PICTURES. I BELIEVE. UH, IT'S RIGHT OFF THE CORNER, SO NO, WE DIDN'T, I WAS TRYING TO SEE ONE A LITTLE MORE ZOOMED OUT. I THINK IT'S ONLY THE CLOSEUP PICTURE OF THE FOUR FOOT FENCE THAT WE HAVE, NOT THE ZOOMED OUT ONE. OKAY. ALRIGHT. UH, LET'S HEAR FROM THE APPLICANT. PLEASE, IF YOU CAN [00:35:01] COME FORWARD AND STATE YOUR NAME FOR THE RECORD. THERE IS A VIEW ON GOOGLE MAPS OF THE FENCE. IF THERE IS A VIEW ON THE GOOGLE MAPS STAFF, IF YOU CAN BRING THAT UP WHILE THE APPLICANT'S, UH, ALRIGHT. YEAH, THEY'RE WORKING, THEY'RE FOLLOWING IT UP RIGHT NOW. ALL RIGHT. PLEASE STATE YOUR NAME AND BEGIN YOUR PRESENTATION. ALRIGHT, MY NAME IS MARIO ALBERTO KIDDOS. AND, UM, I, I REFUSE TO USE A TRANSLATOR. I WON'T TRY TO SPEAK ON MY OWN. UM, YES, UH, YOU GUYS WERE RIGHT ABOUT NOT GETTING PERMIT. AND THE REASON WHY IS BECAUSE I DIDN'T KNOW, I, I DIDN'T KNOW THAT I HAD TO GET PERMIT FOR. I WAS UNDER THE IMPRESSION THAT IF YOU BUILD SOMETHING ATTACHED TO THE HOUSE, LIKE A ROOM OR EXTRA ROOM OR SOMETHING THAT YOU GOTTA GET PERMIT OR THINGS LIKE THAT, BUT I DIDN'T KNOW THAT I HAD TO GET PERMIT FOR, FOR THE PATIO OR THE FENCE. UM, UH, WHEN THE GENTLEMAN WENT OVER THERE AND LOOKED AT THE INSPECTOR, WENT OVER THERE, YOU KNOW, I TOLD HIM ALL THESE THINGS. THE, UH, THE FENCE, THE, THE FRONT OF THE YARD FENCE IS, UH, IT USED TO BE THE PREVIOUS OWNER BEFORE ME. HE PUT ONE OF THEM AND, AND THEN, UH, MY NEIGHBOR, THAT'S MY NEIGHBOR BUILT THAT ONE ACTUALLY ON THE FRONT YARD. SO I DIDN'T, I DIDN'T BUILD THAT ONE. SO I, I GUESS HE PUT IT A LITTLE BIT, YOU KNOW, ON THE SAME AREA WHERE THE PREVIOUS ONE WAS FOR, UH, FOR THE FENCE ON THE BACKYARD. MY LAND GOES DOWN LIKE THAT. AND I'M ASKING FOR, YOU KNOW, TO, TO GET, UH, YOUR APPROVAL BECAUSE, UH, I HAD A LOT OF ROBBERY, ROBBERY, UH, IN MY PROPERTY. LIKE STEALING, WEEDED DEALERS, STEALING TOYS, STEALING THINGS. SO I WANTED TO, SO THE PEOPLE DON'T LOOK INSIDE THE HOUSE BECAUSE THERE WERE, THERE WERE A LOT OF PEOPLE, YOU KNOW, JUST, THERE'S, UH, APARTMENTS ON ONE AREA AND APARTMENTS ON THE BACK, AND THERE'S TRAFFIC PEOPLE THAT WALKS THROUGH MY HOUSE AND, YOU KNOW, THEY WERE LOOKING INSIDE BECAUSE IT USED TO BE THE FENCE WHERE YOU CAN SEE THROUGH LIKE THE, THE, LIKE A CHICKEN, UH, WIRE THING. AND SO THEY CAN SEE INSIDE. SO I DECIDED TO BUILD SOMETHING WHERE THEY CAN'T SEE NOW I, I HAVE, UM, A VIDEO IN MY HOUSE WHERE ONE GUY WENT INTO THE HOUSE AND THE POLICE WAS CHASING HIM, YOU KNOW, THROUGH THE HOUSE. SO IT WAS, SO I WANTED TO BUILD SOMETHING SO MY FAMILY CAN BE MORE PROTECT TOO. UH, FAR AS THE PATIO, THE, THE PATIO, WE BUILT IT. YOU KNOW, I HAVE MY MOM, SHE'S, UH, DISABLED, SO SHE LIKES TO BE OUTSIDE A LOT. SHE HAS DEMENTIA AND STUFF. SO I, WE BUILT THIS FOR, YOU KNOW, TO, TO MAKE SURE THAT SHE'S COMFORTABLE OUTSIDE FOR, FOR THE FAMILY. WE NEVER HAD BUILT SOMETHING LIKE THIS BEFORE, SO WE SPENT MOST OF THE MONEY, YOU KNOW, ON THIS PROJECT. UH, AND, UM, AND THEN FOR NOT GETTING PERMIT. OKAY. UH, SO WE'RE GONNA SEE IF ANYONE SIGNED UP TO SPEAK OR THERE'S ANY VOICEMAILS AND THEN WE'LL HAVE QUESTIONS FOR YOU STAFF. IS THERE ANY ONE SIGN OF HIS FEET? WE HAVE ONE VOICEMAIL. UM, IF THE SPANISH INTERPRETER CAN, UH, IT'S IN SPANISH. OKAY. JUST TO PREFACE, IT WAS A REALLY BAD AUDIO, SO THIS IS WHAT I WAS ABLE TO GET OUT OF THAT. I'M SORRY. [00:40:02] MY NAME IS, UH, MR. VINNO, MY PHONE NUMBER IS TWO TEN EIGHT NINE SEVEN FIVE SEVEN FIVE, UH, 5 7 4 0. THE CASE NUMBER I'M CALLING ABOUT IS BO 8 2 2 1 0 3 0 0 2 1. I'M CALLING IN REGARDS TO THIS CASE BECAUSE I ACTUALLY LIVE NEXT DOOR TO THIS HOUSE AND THERE ARE A LOT OF PEOPLE GOING IN AND OUTTA THERE. I DON'T KNOW WHAT'S HAPPENING, BUT IT SEEMS LIKE IT IS A BAR, BUT BECAUSE OF ALL THE HIGH TRAFFIC THAT GOES IN AND OUT, AND I HAVE MANY HEALTH ISSUES, I'M 73 YEARS OLD GOING ON 74, AND I JUST REALLY WANNA LIVE A QUIET AND PEACEFUL LIFE AT THIS AGE. BUT THAT SEEMS TO BE A NUISANCE TO ME. AND THAT WAS IT. OKAY. THANK YOU. MANNA. I HAD A QUESTION. EXCUSE ME MR. MANNA. UH, SO THIS FOR SPANISH INTERPRETER MS. OH, SO DID THEY GIVE THE ADDRESS OF WHICH HOME IT WAS? THEY SAID NEIGHBOR. DID THEY GIVE THE I DIDN'T HEAR THE ADDRESS, SO, NO SIR. THE ADDRESS WAS NOT PROVIDED. UH, HE JUST LEFT A PHONE NUMBER AND HE SAID HE'S THE NEXT DOOR NEIGHBOR. OKAY, THANK YOU. MM-HMM. . ALRIGHT, THANK YOU. AND HE WAS IN OPPOSITION? CORRECT. OKAY. SO WE'RE GONNA, UH, OPEN THIS UP TO QUESTIONS, BUT I NEED TO ASK A COUPLE CLARIFICATION QUESTIONS OF STAFF FIRST. UM, SO FOR STAFF, THERE'S A, THERE'S TWO FENCES SHOWN IN THE FRONT YARD. THE FINISH SIDE OF, OF THE NEWER FENCE THAT'S SHOWN ON THE GOOGLE MAPS PICTURE APPEARS TO BE FOR THE NEIGHBOR TO THE, TO THE, UH, EAST OF THE APPLICANT. UH, IS THIS, IS, IS THIS, UH, THIS GENTLEMAN'S FENCE OR THE NEIGHBOR'S FENCE? UH, SO WHAT HE'S INDICATING IS THE NEIGHBOR'S FENCE. SO WE, WE THREW THAT IN THERE. UH, I BELIEVE, WELL, I THOUGHT WE COMMUNICATED WITH HIM JUST TO LET HIM KNOW THAT WE'RE ADDING IT IN. SO THERE MUST'VE BEEN SOME COMMUNICATION. OKAY. MISSED ON THAT. SO THAT MAY COME BACK TO US AT ANOTHER TIME. OKAY. AND THEN ON THE, ON THE REAR FENCE, DID Y'ALL OBSERVE ENOUGH GRADE DROP TO, TO IF THEY WERE TO HOLD A CERTAIN ELEVATION? IT WOULD, SO WE DID OBSERVE THAT THERE ARE PORTIONS OF IT WHERE IT WAS KIND OF FLOATING, NOT REALLY LIKE MORE THAN MAYBE SIX OR SEVEN INCHES, BUT WE DID OBSERVE ON THE GROUND THAT IT DID CHANGE A LITTLE BIT. NOT NOTHING SIGNIFICANT, BUT WE DID OBSERVE VERY LITTLE OF THAT. BUT DID YOU, IN YOUR, IN YOUR OPINION, DID YOU FEEL LIKE HE WAS TRYING TO MAINTAIN THE, THE TOP OR WAS HE TRYING TO FOLLOW THE SLOPE OF THE GROUND? CORRECT. UM, IT LOOKS LIKE HE WAS JUST TRYING TO KEEP THE SIX FOOT EVEN. UM, THAT'S WHAT IT LOOKS LIKE. OKAY. AND, UH, FINALLY, UH, I KNOW THAT THE INSPECTORS CAN SOMETIMES GRAND UP TO A SIX INCH, UH, IN THE FIELD. UM, IS THAT TO HAVE ANY EFFECT ON, ON THIS REVIEW OR WHAT HE'S ASKING? UH, I BELIEVE THE HIGHEST POINT WAS SIX FOOT, UH, 10. SO ZONING STAFF, WE CAN, UH, APPROVE UP TO SIX INCH, UH, ADMINISTRATIVE VARIANCE, BUT THIS WENT OVER TO SIX INCHES. THAT'S WHY WE HAD TO PUT IT ON HERE. OKAY. SO IT IS FOR THE BENEFIT OF THE COMMISSION. I ASKED THOSE QUESTIONS FOR, FOR TWO REASONS. ONE, YOU KNOW, IF, IF YOU MAINTAIN THE A CONSTANT FENCE HEIGHT, UH, AND THAT WAS WHY IT HIT SIX FOOT 10, THEN THAT'S NOT, UH, THAT'S A, THAT MAY BE APPROVABLE WITHOUT US, BUT THEY MAY BE HERE JUST OUT OF, UH, JUST, JUST TO, JUST TO KEEP IT, UH, LOCKED IN AND, AND, AND, UH, UNDISPUTED, UH, THE SECOND ITEM WITH THE FRONT FENCE, SO THIS ISN'T, THE FRONT FENCE THAT'S IN VIOLATION IS NOT ACTUALLY THE APPLICANT'S FENCE. SO IN THEORY, HE CAN HAVE A FENCE AT THREE FEET. THE NEIGHBOR WOULD NEED TO GET A VARIANCE FOR HIS, IF WE DECIDE TO GRANT THE VARIANCE, THEN HE COULD BUILD A FENCE THAT'S FOUR FOOT THREE. THE NEIGHBOR WOULDN'T BE ABLE TO UNLESS HE WAS PRESENT AND PART OF THE APPLICATION. BUT JUST TO PUT THAT OUT THERE. UH, SO IS THERE, ARE THERE ANY QUESTIONS FOR THIS APPLICANT? OKAY. ALRIGHT. I'M CONFUSED AS TO WHY WE, IT DOESN'T LOOK LIKE, LIKE THE APPLICANT'S FENCE IS THAT TALL? IT LOOKS LIKE THE NEIGHBOR'S FENCE IS, IT'S NOT. SO WHAT, WHAT HAPPENS IS, LET'S SAY THAT THERE IS A FENCE BUILT ON THE PROPERTY LINE AND THEY SHARED THE FENCE. UM, WE WOULD HAVE TO EITHER GRANT A VARIANCE FOR BOTH PEOPLE TO HAVE A FENCE THAT HIGH, BUT IF WE GRANT IT TO ONE, THEY WOULD HAVE TO BE THE ONE WHO WOULD BUILD IT AND, AND BE THEIR FENCE AND MAINTAIN IT. HIS NEIGHBOR BUILT THE FENCE AS FOUR FOOT THREE. HE DOES NOT HAVE ONE. BUT IF WE WILL OBVIOUSLY BE POTENTIALLY HEARING THE NEIGHBOR'S CASE IN THE FUTURE, BUT IT, IF YOUR, IF YOUR INTENT IS TO ALLOW A FOUR THREE, THEN IT MIGHT BE TO THE BENEFIT TO GRANT THIS APPLICANT ONE JUST SO THAT IT HELPS UNIFY ANY SORT OF, UM, OF FUTURE ISSUES SO THAT HE COULD, OR THEY COULD JOINTLY BUILD ONE . SIR, DID, DO YOU, ARE YOU IN OPPOSITION TO A FOUR FOOT, THREE FOOT FENCE? ARE YOU IN OPPOSITION TO THE, THAT SLIGHTLY HIGHER FENCE IN THE FRONT YARD YOUR NEIGHBOR BUILT? OKAY. UH, YOU HAVE TO HIT THE BUTTON OR, YEAH, I'M NOT AN OPPOSITE, YOU KNOW, FOR, FOR THAT, YEAH, THAT'D BE FINE. OKAY. THANK [00:45:01] YOU. UH, ANY ADDITIONAL QUESTIONS? COMMISSIONER MANON? UM, ARE WE, WE ADDRESSING, OR COMMISSIONER KAPLAN? I'M SORRY, ARE WE ADDRESSING THE, THE, UH, SIDE SETBACK VARIANCE FOR THIS COVER OR NOT? YES. WE'LL, WELL YOU CAN FEEL FREE TO ASK QUESTIONS ABOUT THAT . SO IS THERE A POSSIBLE, IS THERE A WAY THAT YOU CAN, UM, THAT YOU CAN MOVE THE PILLARS THREE FEET OR CLOSER IN TO YOUR, UM, TO YOUR HOUSE? I'M SORRY. NO, BECAUSE YOU KNOW, LIKE I SAY, WE SPEND MOST OF OUR SAVING MONEY, YOU KNOW, FOR, FOR THIS TYPE OF THINGS. YOU KNOW, LIKE NOW IN THE, THE WAY THE ECONOMY IS, WE WON'T BE ABLE TO, TO MOVE IT BACK. UH, ARE THEY SET IN, ARE THE PILLARS, ARE THEY SET IN CONCRETE? THEY ARE. OKAY. OKAY. UH, JUST TO CLARIFY, HOW, HOW LARGE IS THIS PATIO? CAN YOU GUESS? A GENERIC, YEAH, IT IS LIKE 40 BY 14. MORE OR LESS? YES. OKAY. SO IT'S DEFINITELY OVER THE THRESHOLD WHERE IT WOULD NEED A PERMIT. I THINK THAT, WHAT IS IT, TWO 50 OR SOMETHING WHERE YOU'D NEED A PERMIT? I BELIEVE THAT'S CORRECT. SOON TO GO TO 300. SO, UH, ANY ADDIT ANY QUESTIONS? UH, FROM THE APP FOR THE APPLICANT, UH, MR. YOU BE PUTTING GUTTERS IS, ARE THERE GONNA BE GUTTERS THERE? I DON'T SEE GUTTERS RIGHT NOW. ONE OF THE, SORRY. YEAH, YOU HAVE TO, YOU JUST HIT THE, USE THE MICROPHONE, SIR. YEAH, ONE OF THE PICTURES SHOWS THAT WE INSTALLED GUTTERS. UM, THE REASON IS BECAUSE I DON'T WANT TO BOTHER MY NEIGHBOR WITH, WITH THE RAIN GOING THROUGH TO HIS HOUSE. OH MAN. MANNA COMMISSIONER MANNA. SO, UM, SO THE FIRST QUESTION I GUESS I HAVE IS, UH, THE FRONT YARD FENCE, WHICH ACTUALLY, UH, UM, SITS AT THE F FACADE OF THE HOUSE. DO WE KNOW WHAT THE HEIGHT OF THAT FENCE IS THERE? THAT GOES ESSENTIALLY FROM THE, THE HOUSE STRUCTURE TO, UH, TO THE SIDE FENCE. SO IS THAT ALSO, UM, HIGHER THAN THE, I GUESS, IS IT PART OF THE DIALOGUE? RIGHT, THAT'S PART OF THE, UM, SIX 10. UH, I DON'T BELIEVE, WELL ACTUALLY I, I DO BELIEVE THAT FRONT PORTION, UM, THAT'S EVEN WITH THE FRONT FACADE IS ABOVE SIX FEET. UM, I THINK THE HIGHEST POINT OF SIX FOOT 10 IS SOMEWHERE IN THE SIDE YARD IS WHERE WE FOUND THE HIGHEST POINT. BUT THE, THE FRONT FACADE, THE, THE ONE THAT'S EQUAL TO THE FRONT FACADE IS OVER SIX FEET. SO, UH, SIR, DO YOU KNOW WHAT THE HEIGHT AT THE CORNER, UM, SO I GUESS IS THE HEIGHT OF EITHER OF THOSE EDGES OF THAT FRONT, UH, SIX FOOT AS FAR AS THE, THE SIDE TOUCHING THE HOUSE OR THE SIDE, UH, I GUESS AGAINST THE, UH, THE FENCE BETWEEN YOU AND YOUR NEIGHBOR. SO DO YOU KNOW WHAT THE HEIGHT IS AT EACH OF THOSE POINTS? YEAH, IT IS LIKE SIX FOUR, LIKE RIGHT ON THE, ON THE PATIO ON THE SIDE AND, UH, FROM, FROM THE CONCRETE TO THE TOP. AND UH, AND THEN HOW IT GO, YOU GO BACK, YOU KNOW, THE LINE GOES DOWN AND IT'S, IT'S START, YOU KNOW, MESH. I WAS TRYING TO PUT, YOU KNOW, A STRAIGHT FENCE. AND SO THAT'S WHY ON THE BACK IT LOOKS HIGHER TOO. SO IS ANY OF THE FENCE AT SIX FOOT? YEAH, THE FRONTS, THE FRONT SIDE IS A SIX, SIX INCH PICKET. AND THEN I PUT LIKE A LITTLE TWO BY FOURS ON THE TOP SO THE RAIN DOESN'T DAMAGE THE, THE PICKETS. AND THEN, UM, SO, SO, SO WHEN I LOOK AT THE, UH, THE OBJECTIONS HERE, IT SHOWS THAT YOUR NEIGHBOR, UM, THAT IS I GUESS, UH, ON THE SAME SIDE AS YOUR, YOUR, UM, FENCE AS WELL AS YOUR, UM, UH, COVERING, UH, IS AN OBJECTION. HAD YOU HAD, HAD YOU HAD AN OPPORTUNITY TO TALK TO THAT NEIGHBOR WITH REGARDS TO THEIR OBJECTION? NO, I HAVEN'T TALKED TO THEM, BUT WHEN THE, UH, THE PEOPLE, THE INSPECTORS THAT WENT OVER THERE, THEY, THEY LOOK AT IT THEN I'M NOT, I'M NOT PASSING THE, THE, I'M ON THIS SIDE OF THE BORDERLINE WITH THE GUTTER. OKAY. OKAY. ANY OTHER COMMISSIONER QUESTIONS? CAN YOU HEAR ME? NONE. SO WHAT WE HAVE BEFORE US TODAY, SIR, IS, YOU KNOW, YOU HAVE A FENCE HEIGHT ISSUE AND THE, AND THE PORCH ISSUE. THE PORCH ISSUE, THE STAFF IS RECOMMENDING DENIAL AND THERE'S AN ALTERNATE RECOMMENDATION, OR IS IT A STRAIGHT DENIAL? [00:50:02] UH, ALTERNATE FOR THREE FEET. OKAY. SO STAFF IS RECOMMENDING AN ALTERNATE FOR, FOR THREE FEET. AND SO THAT'S WHAT WE'RE HERE TO DELIBERATE HERE TODAY. IS THERE ANYTHING YOU'D LIKE TO ADD REGARDING WHAT A HARDSHIP IT WOULD BE BESIDES THE COST THAT YOU'D PREVIOUSLY MENTIONED? IS THERE ANY, UM, THING WHERE YOU NEED THAT SORT OF WIDTH THAT YOU CURRENTLY HAVE, UH, FOR THE FUNCTIONALITY OF THE COVERED PORCH THAT YOU'D LIKE TO BRING UP BEFORE WE DELIBERATE? WELL, LIKE, I, LIKE I SAID IN THE PAST, YOU KNOW, I NEVER, WE NEVER HAD ANYTHING BUILT BEFORE AND NOW I'M BRINGING MY MOM OVER AT MY HOUSE. SHE, LIKE I SAID, SHE'S ON WHEELCHAIR. WE, WE, WE, SHE WANTS TO BE OUTSIDE A LOT AND I TRY TO KEEP THAT PATIO, YOU KNOW, UH, BUILD THE PATIO FOR, FOR HER COMFORTABLE SO IT CAN BE COMFORTABLE. AND, UM, I'M SORRY, SOMEBODY'S INTERRUPTING. OH, SOMEBODY'S CALLING MY NAME OVER HERE. PLEASE PROCEED. I, I DO HAVE A QUESTION. I'M, I'M SORRY, I'M GONNA INTERRUPT FOR A SECOND. YEAH, GO AHEAD. SO, SO WE MAY, UM, THERE MAY BE SOMEONE HERE THAT'S IN ATTENDANCE THAT WAS WANTING TO SPEAK AND I DON'T KNOW IF WE GOT THEIR NAME. SURE. STEPH, DID ANYONE ELSE, UH, APPROACH ALL ABOUT POTENTIALLY SPEAKING, SO NOBODY HAS SIGNED UP TO SPEAK FOR THIS CASE. IS THERE, IS THERE ANYBODY IN THE GALLERY THAT WANTED TO NEIGHBOR? SO IS THERE SOMEONE IN THE GALLERY THAT NEEDED TO SPEAK? SO 65? YEAH. 56, 42, YEAH. OKAY. SO, SO IF YOU COULD PLEASE HAVE A SEAT AND GET THE SPANISH INTERPRETERS, UH, BACK UP HERE PLEASE. AND, UM, IF YOU COULD ASK THIS GENTLEMAN TO STATE HIS NAME AND LET'S HEAR WHAT HE HAS TO SAY. CHAIRMAN OF ORDER. OKAY. ONE, ONE SECOND. MM-HMM. . OH, ONE SECOND. COMMISSIONER , YOU HAD A POINT OF ORDER. WHAT WAS THE PREMISE OF THE POINT? THE POINT OF ORDER WAS TO KEEP DIRECTLY ONLY WHAT'S ON THIS CASE THERE NOT PERSONAL. OH, YEAH, I, I DON'T, I DIDN'T KNOW WHERE, WHAT HE WAS EXACTLY SAYING. YEAH. SO I, I'LL WAIT TO HEAR WHAT THE INTERPRETER SAYS BEFORE I RULE ON THAT. YEAH, WELL THE INTERPRETER, UH, THAT'S WHY I'M DIRECTING IT TO YOU. YES, WE WERE ONLY, WHAT'S A CHARGE IN FRONT OF US? NOT PERSONAL. YES, SIR. OKAY. SO FOR THE, YOU UNDERSTAND? YES. THANK YOU. SO FOR THE INTERPRETER, PLEASE, UH, TRANSLATE. OKAY. UH, JUST A QUESTION FOR CLARIFICATION. WOULD YOU LIKE, FOR EVERYTHING THAT WAS SAID TO BE INTERPRETER OR JUST WHAT PERTAINS TO THE, TO THE CASE? UH, PLEASE. THERE WAS A POINT OF ORDER ON THE TABLE, SO PLEASE STATE WHAT THE APPLICANT IS, IS SAYING. OKAY. SO WE CAN DECIDE. YES, SIR. AND, AND PLEASE REPEAT HIS FULL NAME IF YOU CAN FOR THE RECORD. ALEXANDER. UH, MY FULL NAME IS ALEXANDRA ENRIQUE. AND, UH, MY ISSUE WITH THIS IS THAT AND HIS ADDRESS, 5 6 4 2 HARFIELD. THANK YOU. I'M THE NEIGHBOR, NEXT DOOR NEIGHBOR. SO MY ISSUE IS THAT THIS WAS BUILT OVER MY FENCE LINE, AND MY ISSUE WITH THIS IS THAT THERE'S A LOT OF PARTIES, THERE'S MUSIC, THERE'S A LOT OF, UH, LOUD YELLING, AND IT'S JUST A NUISANCE. I'VE HAD MY FRIENDS COME OVER AND THEY'VE ALL NOTICED IT. MISS STORY DE LA ROSA, MY DAUGHTER CHRISTIE HAS COME OVER AND THEY ALL NOTICE THIS, UH, NOISE AND IT'S JUST LOUD NOISE LEVELS THAT I'M ALWAYS HEARING. [00:55:01] AND HE SAYS THAT HIS MOM IS THERE, BUT I'VE NEVER NOTICED HIS MOM COMING IN OR OUT. I'VE NEVER NOTICED THAT SHE'S THERE. AND I, I'M JUST REALLY, UH, NOTICING THAT THERE'S A LOT OF YELLING, THERE'S FEAR AND MANY PEOPLE COMING IN AND OUT. AND BESIDES THAT, I ALSO BUILT THIS FENCE AND I HAVE THE PROOF FOR WHAT I BUILT, AND HE JUST REMOVED IT WITHOUT MY PERMISSION. AND I HAVE THE PAPER RIGHT HERE, THE DOCUMENT THAT STATES WHEN I BUILT THIS FENCE, AND I'M JUST, UH, UPSET BECAUSE HE DIDN'T LET ME KNOW WHEN HE WAS GOING TO MAKE THIS CHANGE. AND THIS PROOF IS IN HERE. OKAY. AND IS THAT A, WHAT IS, WHAT IS THE PROOF HE'S PRESENTING? IS IT A RECEIPT OR DE FROM A, IT LOOKS LIKE A, A RECEIPT OR A BILL FROM A CONTRACTING COMPANY. THANK YOU. UM, IS THERE ANYTHING ELSE? ALL RIGHT. OKAY. OKAY. UM, I CAME BY OVER HERE IN FEBRUARY AND REALIZED THAT HE DOES NOT HAVE A PERMIT. AND HE WAS GOING THROUGH A BUILDER, SOMEBODY HELPING HIM CONSTRUCT, BUILD THIS. AND I'M VERY, UH, SURE THAT A CARPENTER SHOULD KNOW THAT HE NEEDS A BUILDING PERMIT FOR THIS. AND THEY SAID THAT THEY WOULD SP SEND OVER INSPECTOR DIAZ TO SEE IF HE HAD A PERMIT FOR THIS. UH, AT THAT MOMENT I WAS WITH MY FRIEND DOROTHY, AND THE INSPECTOR DID NOT SPEAK MUCH SPANISH, BUT DOROTHY HELPED ME INTERPRET FOR, UH, THE INSPECTOR AND MYSELF. AND HE SAID THAT THERE WAS A PERMIT ISSUED, BUT AT THE MOMENT THAT I CAME, THERE WASN'T ANY. OKAY. UH, SO AT, AT THIS TIME, WE'RE GONNA, WE'RE GONNA, WE HAVE A POINT OF ORDER ON THE TABLE. I'M GONNA GO AHEAD AND, UH, NOTHING PERSONAL. I'M GONNA BE OVERRULING THAT AT THIS TIME, ONLY BECAUSE IT'S, IT WAS ALREADY BEEN SAID AND HIS THREE MINUTES ARE UP, BUT FOR NO OTHER REASON, BUT, WE'LL, BUT IF YOU COULD PLEASE, UM, INSTRUCT, WE'RE GONNA HAVE SOME QUESTIONS AND THAT IF HE COULD PLEASE KEEP TO THE QUESTIONS THAT WE ASK, UM, THAT WOULD BE APPRECIATIVE. UM, WHO WOULD LIKE TO ASK? WHAT COMMISSIONER, OF COURSE. UH, IS THIS NEIGHBOR THE SAME PERSON WHO SENT IN THE VOICEMAIL? YES, MA'AM. SEE? SO I HAVE A QUESTION FOR, UM, THE NEIGHBOR. UM, IS, IS HE HAD SAID THAT THERE WAS, UM, WHEN THE PATIO WAS CONSTRUCTED, WERE THERE AN, WAS THERE AN INCREASE IN, IN NOISE AND GATHERINGS AT THE PORCH AREA, OR THERE ALWAYS BEEN, UH, LOUD, UH, YOU KNOW, LOUDER NOISES AND GATHERINGS BEFORE THE PATIO? IT WAS NOT UNTIL THEY BUILT THE PATIO THAT THE PARTIES STARTED. OKAY. AND IS, IS, IS THE GATHERING OF PEOPLE IN THE, IN THE, UH, UH, PARTIES ASSOCIATED, ARE THEY ALL OCCURRING UNDER THE PATIO? OKAY. THANK YOU, MADAM COMMISSIONER, MADAM. SO I THINK, UM, I HEARD THAT YOU STATED THAT THE PATIO WAS BUILT OVER THE FENCE LINE ONTO YOUR PROPERTY. AND I, I THINK IF, IF I HEARD YOU CORRECTLY, IS THAT, IS THAT WHAT YOU STATED? TOO MANY CALLS TO THE POLICE? IT IS VERY CLOSE TO MY PROPERTY LINE. UH, FROM THE BUILDING TO MY PROPERTY, IT'S ABOUT 13 FEET. AND THIS IS SUCH A NUISANCE THAT I HAVE, I'VE HAVE HAD TO PLACE MANY POLICE CALLS AND I HAVE ALL OF THESE CALLS REGISTERED ON MY PHONE. I DON'T HAVE MY PHONE ON ME RIGHT NOW, BUT I COULD, I [01:00:01] HAVE THE HISTORY OF ALL THE PLACE, OF ALL THE CALLS THAT I'VE PLACED TO THE POLICE. OKAY. THANK YOU. IS THERE ANY OTHER, UH, QUESTIONS FOR, I, I GUESS I JUST WANT TO, UH, MAKE SURE KAPLAN, YES. CA UH, CONFIRM MANNA. SO THIS IS, THE FENCE IS NOT ON THE NEIGHBOR'S PROPERTY THEN? NO, THE STRUCTURE ITSELF IS A LITTLE MORE TOWARDS THEIR PROPERTY. OKAY. COMMISSIONER ZUNIGA. OKAY. UH, TWO THINGS. ONE, WE'RE ONLY ON THE CHARGE AGAIN, I TOLD YOU. UH, BUT THE OTHER THING IS WE COULDN'T SEE THE DATE THAT RECEIPT THAT HE PUT ON THERE. WHAT DATE IT HAS IT THAT HE PUT A FENCE. SO 1989, IT WHAT, WHAT'S THE DATE? 1989 WAS THE DATE, DATE, IT WAS OCTOBER OF 1989. SEPTEMBER THE WHAT, UH, DISCLAIM THAT OCTOBER, 1989. OH, OKAY. YEAH, THAT, THAT WAS WAY BACK THE DEFENSE. IT DOESN'T HAVE ANYTHING TO DO WITH THIS. OKAY. OKAY. THANK YOU. THANK YOU, MR. CHAIR. SO WE'RE GONNA BRING THE APPLICANT BACK UP. THANK YOU VERY MUCH, SIR. IS THERE ANY QUESTIONS FOR THE APPLICANT? UH, COMMISSIONER MINKA? YES. I WAS LOOKING AT THE PICTURES THAT THE CITY TOOK, AND I NOTICED THAT THE FRONT HAS GUTTERS, BUT IS THE GUTTERS LIKE ONLY SIX FEET? 'CAUSE THE REAR PICTURE ON SLIDE NINE DOESN'T HAVE ANY GUTTERS ON THE BACK. SO IT'S NOT THE FULL LENGTH OF THE, OF THE CARPORT, IS IT? YES, IT'S, YES, IT IS. IT'S FROM ONE, ONE SIDE ALL THE WAY TO THE OKAY. TO THE END. SOME OF THESE PICTURES. UM, THIS APPLICATION WAS TURNED IN A FEW MONTHS AGO, SO WE ACTUALLY DID TWO SIDE VISITS. UM, AND THE GUTTERS WERE PUT IN THERE, I BELIEVE, BETWEEN THE TIME OF THE FIRST AND SECOND SITE VISIT. THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT? ALL RIGHT, SIR. SO, UM, YOU'VE HEARD TESTIMONY FROM YOUR NEIGHBOR YES. AND YOU'VE HEARD QUESTIONS FROM THE BOARD IF YOU'D LIKE TO TAKE A, A, A BRIEF OPPORTUNITY TO PROVIDE ANY REBUTTAL BEFORE WE DELIBERATE? YES. UM, I DIDN'T WANT TO TALK ABOUT HIM. RIGHT. BUT SINCE IT, THAT'S ONE OF THE PROBLEMS THAT I HAVE WITH HIM. HE CALLS THE POLICE ALL THE TIME. THE POLICE GOES TO MY HOUSE, AND THEN THEY HEAR THE, THAT THERE'S NOTHING WRONG. AND THEY SAY, YOU KNOW WHAT, THERE'S NOTHING WRONG HERE. AND THEY, THEY LEAVE, THEY, THEY EVEN GOT TO AN ARGUMENT WITH HIM. BUT I DON'T WANT, I DON'T WANT TO GET INTO YEAH. JUST, YOU KNOW, IF YOU COULD JUST KEEP TO THE HEART, YES. I WILL SAY I I WILL STAY THERE. UNIQUE CIRCUMSTANCES. YES. UH, SORRY. UM, SO I, I, LIKE I SAY, I DON'T, I DON'T HAVE MONEY TO, TO, TO PUT IT PUT, PUT BACK FARTHER OR WHATEVER. AND THE, UH, WHEN I BUILD THE FENCE ALL THE WAY AROUND, HE, HE WAS BUILDING A FENCE ALREADY ON HIS SIDE, AND HE WAS LITTLE BUILDING IT LITTLE BY LITTLE, THEN HIS FENCE START TILTING, YOU KNOW, THE, THE PEOPLE THERE. AND BACK THEN THEY WANTED TO GET, TO GET, FOR US TO BUILD A, THE, THE FENCE TOGETHER. BUT I DIDN'T LIKE THE, THE JOB THAT THOSE PEOPLE WERE DOING. SO WE DECIDED TO BUILD THE FENCE OVER THE PREVIOUS ONE, UM, A LITTLE BIT, YOU KNOW, BACK TO MY SIDE. AND, AND HE WAS IN AGREEMENT THAT, TO, TO BUILD IT. I ASKED ALL THE NEIGHBORS AND I ASKED HIM, AND HE WAS JUST, HE ON, ON KIND OF LIKE, IN, IN, SO I ASKED ALL THE, ALL THE NEIGHBORS. I ASKED THIS, THIS NEIGHBOR, THE OTHER NEIGHBOR, AND I ASKED HIM, AND HE, HE AGREED IF I BUILD THE, THE FENCE, OKAY. YOU KNOW, IF I PAY FOR IT. OKAY. AND I DID PAY FOR IT. YES, SIR. UH, WELL THANK YOU VERY MUCH. UH, WHAT WE'RE GONNA DO IS, UH, THE COMMISSIONER NOW DELIBERATE ON THESE, ON THE VARIANCE AND THE SPECIAL EXCEPTION. SO IF YOU CAN, UH, HAVE A SEAT. WE WILL THANK YOU. SEE HOW IT TURNS OUT. SO WE HAVE TWO THINGS WE FORCE US. ONE IS A, A VARIANCE FOR THE, UH, NINE INCHES, UH, THE FOUR FOOT THREE TO [01:05:01] ALLOW THE PORCH COVER TO BE NINE INCHES. UH, AND THEN WE ALSO HAVE A SPECIAL EXCEPTION FOR THE FENCE HEIGHTS, UH, STAFF. DID YOU HAVE A, UM, A, A SUGGESTED MOTION FOR THE, FOR THE, UM, SPECIAL EXCEPTION? I DIDN'T SEE ONE IN THE, IN THE FILE. UH, YES. LEMME DOUBLE CHECK. OKAY. UM, IS, IS THERE A COMMISSIONER THAT WOULD LIKE TO MAKE A MOTION ON THIS CASE? WHO? COMMISSIONER ZUNA. AND THIS IS JUST FOR THE, UH, SIDESTEP BACK RIDE AND THEN WE'LL SEE THE SPECIAL EXCEPTION FOR THE FENCE. IF WE, IF WE THE ONLY ONE THAT ANSWERED. YEP. WELL, I DON'T HAVE THE PRINTOUT OF THE SPECIAL EXCEPTION, SO. OKAY. REGARDING CASE NUMBER BOA DASH 22 DASH 0 3 0 0 21, I MOVED THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A FOUR THREE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A PATIO COVER WITH GUTTERS TO BE NINE INCHES AWAY FROM THE SIDE PROPERTY LINE SITUATED AT 5 7 0 0 HAREFIELD. APPLICANT BEING MARIO ROS. ROS, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD 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 AN UNNECESSARY HARDSHIP. SPECIFICALLY, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE APPLICANT IS REQUESTING A F FOUR FOOT THREE VARIANT FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A PATIO COVER WITH GUTTERS TO BE NINE INCHES FROM THE SIDE PROPERTY LINE, WHICH DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST TO DUE TO SPECIAL CONDITIONS. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN NECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT, WOULD REQUIRE THE PATIO COVER TO COMPLY WITH 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 PATIO COVER SETBACK VARIANCE WILL BE NINE INCHES FROM THE SIDE PROPERTY LINE. THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS THE PATIO COVER WILL HAVE GUTTERS TO MITIGATE WATER RUNOFF. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED OF THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH ITS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THE PROPERTY IS LOCATED. STAFF FINDS EVIDENCE THAT THE REQUESTED VARIANCE WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SAW IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND NOT DUE TO THE RESULT OF GENERAL CONDITIONS. THE DISTRICT, WHICH THE PROPERTY IS LOCATED, STAFF FINDS, IS APPLIED TO THE PRO OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SAW IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. UH, THE REQUEST DOES NOT APPEAR MERELY FINANCIAL AND A MOTION. I HAVE A MOTION A SECOND BY COMMISSIONER KAPLAN. COMMISSIONER ZUNA. UH, THIS CASE HAD, SO THIS CASE HAD, UH, YOU KNOW, VARIOUS, UH, INTERESTS THAT, YOU KNOW, WITH THE APPLICANT IS MAKING AN ARGUMENT FOR THE FIVE FOOT OF THE VARIANCE REQUEST OF FIVE FOOT THREE INCHES. AND THERE WAS OPPOSITION FOR THE NEIGHBOR, UH, LISTENING TO THE TESTIMONY PRESENTED TO US. AND, UH, LISTENING TO, UH, THE VARIANCE, VARIOUS ISSUES WITH THE CASE. I'M GONNA BE SUPPORTIVE. IT, I, I THINK THAT THERE'S OTHER EXTENUATING CIRCUMSTANCES. I THINK THAT THE, UH, THE VARIANCES IS, UM, IS, YOU KNOW, IS, IS SOMETHING THAT'S WITHIN MY BELIEF THAT THE, THAT THE APPLICANT IS SUPPORTED FOR THE VARIANCE REQUEST WITH THE GUTTERS AND SUCH. OKAY. COMMISSIONER KAPLAN? YEAH, I, I, I, I DON'T AGREE WITH THAT. UH, IF GIVEN THE TESTIMONY OF THE NEIGHBOR, IT'S OBVIOUSLY CONTRARY TO THE PUBLIC INTEREST BECAUSE YOU'VE GOT AWAY THE NEIGHBOR'S, UM, RIGHT TO QUIET ENJOYMENT OF THEIR PROPERTY, UM, WHEN YOU'RE, UM, GIVING A VARIANCE. SO, GIVEN THE FACT THAT THE NEIGHBOR IS BEING VERY DISTURBED BY WHAT'S GOING ON, UM, I'M NOT IN FAVOR OF THIS. OKAY. IS THERE ANY COMMISSIONERS THAT ARE, UH, OPPOSED TO THIS? I WOULD LIKE TO, TO ADD CRUZ. MR. CRUZ. UM, I'M GONNA AGREE WITH MS. CAMPLIN. THERE'S A LOT OF ISSUES IN THERE THAT I DON'T AGREE WITH, AND I'M NOT COMFORTABLE VOTING FOR IT, SO I WILL VOTE AGAINST IT. OKAY. AND MANNA. OKAY. SO, UH, NOW THAT THREE HAS NOT, IT BEEN, MY REASONING IS BECAUSE IT'S, IT'S A VERY LONG PATIO AND I THINK THAT HAD IT NOT BEEN QUITE SO LONG, MAYBE NOT, BUT I THINK WITH THREE COMMISSIONERS, UH, IN OPPOSITION AS READ, UH, IS, IS, UH, ONE OF THE THREE IN OP THAT HAS EXPRESSED OPPOSITION. WOULD THEY LIKE TO OFFER A FRIENDLY AMENDMENT TO PERHAPS PURSUE THE STAFF'S RECOMMENDATION? YEAH. LET'S, LET'S PURSUE THE STAFF'S RECOMMENDATION. SO THERE'S A FRIENDLY AMENDMENT TO, UH, THE MAKER OF THE MOTION TO, TO SO ACCEPTED. OKAY. DO YOU ACCEPT AS WELL, COMMISSIONER KAPLAN? YES, I DO. OKAY. SO NOW THE MOTION HAS BEEN REVISED, UH, TO MATCH STAFF'S RECOMMENDATION FOR A, UH, TWO FOOT VARIANCE TO ALLOW THE, THE, THE, THE COVERED PORCH TO EXIST WITH GUTTERS THREE FEET AWAY FROM THE SIDE. UM, ANY OTHER COMMISSIONER, COMMENTARY? COMMISSIONER MIN CHAKA MIN CHAKA. I ALSO CONCUR WITH MY COLLEAGUES IN TERMS OF, UH, THE NEIGHBORS TRYING TO CONTACT THE BUILDER AND HE WAS SORT OF SIDE STEPPED ON THAT. AND, [01:10:01] UH, THAT DOESN'T SIT OVER TOO WELL. THANK YOU. OKAY, IF, UH, NOTHING ELSE, LET'S HAVE A ROLL CALL. VOTE. MR. UNA. I, I CONCUR, MS. KAPLAN. I CONCUR WITH THE AMENDED, UM, RESOLUTION. MR. SPILLMAN. I CONCUR. MR. MANCHACA, I CONCUR WITH THE AMENDMENT. MR. VASQUEZ. I CONCUR WITH THE AMENDED RESOLUTION. MS. CRUZ. YES, I CONCUR WITH THE AMENDED RESOLUTION. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT, MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT, MS. LIND, I CONCUR WITH THE FINDINGS OF FACT. MR. ZUNIGA. I CONCUR WITH THE FINDINGS OF FACT CHAIR. OREN, I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY FOR A TWO FOOT VARIANCE. IT SHOULD BE IN YOUR EMAIL, SIR. THE, THE SPECIAL EXEMPTION. ALRIGHT, MOTION. UH, SO WE, I'M LOOKING FOR A MOTION ON THE SPECIAL EXCEPTION FOR THE TWO FENCE SITE ISSUES. UH, IS THERE AN THEY'VE BEEN EMAILED? UH, YOU SHOULD HAVE IT IN YOUR EMAIL. OKAY. UH, WE'RE GONNA PUT IT UP IN A SCREEN. SECOND. COMMISSIONER ZU, REGARDING CASE NUMBER BO O A DASH 22 DASH 3 21, I MOVED AT THE BOARD OF ADJUSTMENT. GRANTED A REQUEST FROM, UM, ONE A ONE FOOT TWO SPECIAL EXCEPTION TO THE THREE FOOT SOLID FENCE MAXIMUM HEIGHT THAT DESCRIBED AS SECTION 3 5 5 14 TO ALLOW A FOUR TWO SOLID FENCE IN THE FRONT YARD AND TO A TENANT SPECIAL EXCEPTION TO THE SIX FOOT SOLID FENCE MAXIMUM HEIGHT AS DESCRIBED AS SECTION 35 5 14 TO ALLOW A SIX 10 INCH SOLID FENCE ON THE, IN THE SIDE AND REAR REAR YARD, SITUATED AT 5,700 HERE FIELD APPLICANT BEING MARIO ROS, BECAUSE OF TESTIMONY PRESENTED TO US OF THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SETS A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C CODE 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 OF THE U D C STATES THAT THE BOARD OF ADJUSTING AND GRANTED SPECIAL EXCEPTION FOR OFFENSE HEIGHT MODIFICATION, THE ADDITIONAL FENCE HEIGHTS IN TO, IN THE FRONT REAR AND SIDE APPEARS TO HAVE BEEN CAUSED BY A CONCRETE SLAB ON THE PATIOS AREA. STAFF FINDS THE REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE, UH, BE THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THE CRITERIA ARE REPRESENTED BY FENCE HEIGHTS TO PROTECT RESIDENTIAL PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY FENCE LOCATED ALONG THE FRONT SIDE. AND REAR PROPERTY IS EXCEEDING THE MAXIMUM HIGH THROUGH CAR BY 10 INCHES. FENCE IS SOLID SCREEN. IT WOULD SERVE THE PUBLIC WELFARE AND CONVENIENCE. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE FRONT SIDE AND REAR FENCE WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT PROPERTY, BUT IS UNLIKELY SUBSTANTIALLY INJURE THE NEIGHBORING PROPERTIES. DEED. THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THE LOCATION IN WHICH THE PROPERTY FOR ITS A SPECIAL EXCEPTION IS SOUGHT. THE ADDITIONAL HEIGHT FOR THE SECTION OF SIDE, REAR AND FRONT YARD SET FENCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THERE WERE OTHER SIMILAR FENCE HEIGHTS IN THE AREA. NEITHER THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OF THE REGULATIONS HERE AND ESTABLISHED FOR THE ZONING DISTRICT. THE CURRENT ZONING PERMITS, THE CURRENT USE OF A SINGLE FAMILY HOME. THE REQUEST A SPECIAL EXCEPTION, WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. AND A MOTION. SECOND. SECOND BY COMMISSIONER KAPLAN. COMMISSIONER UNA. RIGHT. SO I GUESS A SECTION OF THIS PERTAINS TO THE NEIGHBOR'S FENCE, RIGHT? AND WE'RE, WELL THE, THAT'S, I WAS GONNA BRING THAT UP IF YOU COULD, UH, UM, UM, I'LL OFFER A FRIENDLY AMENDMENT TO ADD THAT IT'S ON THE EAST SIDE OF THE FRONT, RIGHT? FOR THE FIRST ITEM? UH, YEAH, IT, IT, THE NEIGHBOR'S THE ONE THAT BUILT THE, THE, THE FENCE. THAT'S FOUR FOOT TWO. BUT THIS WOULD HELP UNIFY IT IF THEY BOTH DESIRE TO HAVE IT. YEAH. SO, SO ACCEPTED ON THE FRIENDLY, FRIENDLY AMENDMENT. OKAY. COMMISSIONER KAPLAN, DO YOU ACCEPT THAT? I DO. OKAY, THANK YOU. UH, CONTINUE. COMMISSIONER ZUNA. YEAH, SO I'M GONNA SUPPORT [01:15:01] IT. I THINK THE, UH, TESTIMONY WE WERE PRESENTED TO SHOW THAT THERE IS SOME MINIMAL, UH, SOME TOPOGRAPHY ISSUES, UH, MINIMAL, BUT TOPOGRAPHY NONETHELESS. AND THEN, UH, THE APPLICANT'S DESIRE TO KEEP THE, THE CONTIGUOUS LINE OF THE FENCE HEIGHT, UM, UNIFORM KIND OF NECESSITATES THE VARIANCE. SO I'D REQUEST, I'M SUPPORTING IT. COMMISSIONER KAPLAN, I HAVE NO PROBLEM WITH THE FENCE. ANY OTHER COMMISSIONERS LIKE TO ADD MANNA? COMMISSIONER MANNA AND I, I APOLOGIZE. I GOT CONFUSED THERE. WITH REGARDS TO THE FRONT SECTION, THE FOREFOOT. SO WE, IS THAT PART OF THE MOTION? UM, IT IS, IT IS TO INCLUDE IT EVEN THOUGH IT IS ON THE NEIGHBOR'S FENCE, IS THAT CORRECT? THAT'S CORRECT. YEAH. SO THAT AT SOME POINT THE APPLICANT COULD BUILD THAT FENCE TO MATCH THE NEIGHBOR'S FENCE IF NEEDED, OR THEY COULD SHARE INTO THE FENCE AND PUT IT, YOU KNOW. OKAY. THANK YOU. YES. UH, ANY OTHER COMMISSIONERS? HEARING NONE UNLESS HAVE A ROLL CALL VOTE. MR. UNA? YES, I CONCUR. MS. KAPLAN. I CONCUR. MR. SPIELMAN. I CONCUR. MR. MANCHACA. I CONCUR. MR. VASQUEZ. I CONCUR. MS. CRUZ. I CONCUR. MR. MANNA, I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MS. LIND, I CONCUR. MR. ZUNIGA. I CONCUR. AIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. ALL RIGHT. SO FOR THE APPLICANT, IF YOU COULD GET WITH STAFF IF YOU HAVE ANY QUESTIONS IF HE IS STILL HERE. YEAH, IF YOU HAVE ANY QUESTIONS, YOU CAN TALK TO STAFF. ALL RIGHT. ITEM NUMBER THREE, PLEASE BO A 2 2 1 0 3 0 0 0 5 5. ADDRESS, 1 0 4 PART OH CIRCLE COUNCIL, DISTRICT SEVEN APPLICANT. BEING VALERIE MONTEZ. A REQUEST FOR A FOUR FOOT SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT FRONT YARD FENCE SITE REQUIREMENT TO ALLOW A SEVEN FOOT SOLID SCREEN PRIVACY FENCE IN THE FRONT YARD. AND TWO, A NINE FOOT SEVEN INCH VARIANCE FROM THE 15 FOOT MINIMUM CLEAR VISION REQUIREMENT TO ALLOW A, A SOLID SCREEN PRIVACY FENCE TO BE FIVE FEET, FIVE INCHES FROM THE FRONT PROPERTY LINE. THE CURRENT ZONING IS R FOUR RESIDENTIAL SINGLE FAMILY. THE SUBJECT PROPERTY IS LOCATED ALONG PARDO CIRCLE NEAR SAYING CLOUD STREET. WITHOUT OBTAINING VOTING PERMITS, THE APPLICANT CONSTRUCTED A SOLID SCREEN PRIVACY FENCE IN THE FRONT YARD. SOLID SCREEN PRIVACY FENCES ARE REQUIRED TO BE THREE FEET IN THE FRONT YARD, AND THE EXISTING FENCE IS CURRENTLY SEVEN FEET. ADDITIONALLY, IT DOES NOT ABIDE BY THE MINIMUM CLEAR VISION RE REQUIREMENT OF 15 FEET, WHICH MEASURED AT FIVE FOOT FIVE INCHES. UPON SITE VISITS CONDUCTED BY STAFF, NO FENCES WERE SEEN WITH SIMILAR HEIGHT AND PLACEMENT IN THE IMMEDIATE AREA. AND HERE IS THE SITE PLAN. THE SUBJECT PROPERTY WITH THE, UH, FENCE, THE FENCE HEIGHT MEASUREMENT, THE CLEAR VISION MEASUREMENT, AND THEN THESE SURROUNDING AREAS. STAFF'S RECOMMENDATION FOR THE SPECIAL EXCEPTION FOR THE FENCE HEIGHT STAFF RECOMMENDS DENIAL BASED ON THE FOLLOWING FINDINGS OF FACT, A SEVEN FOOT SOLID STREET AND PRIVACY FENCE IN THE FRONT YARD DEVIATES FROM THE THREE FEET MAXIMUM HEIGHT REQUIREMENT. AND TWO, UH, SEVEN FOOT SOLID SCREEN PRIVACY FENCES WERE NOT OBSERVED IN THE SURROUNDING NEIGHBORHOOD. THEREFORE, THE ADDITIONAL FENCE HEIGHT COULD ADVERSELY INJURE NEIGHBORING PROPERTIES. AND FOR THE CLEAR VISION VARIANCE STAFF ALSO RECOMMENDS DENIAL. UH, THE CLEAR VISION MEASUREMENT OF FIVE FEET, FIVE INCHES DOES NOT PROVIDE ADEQUATE DISTANCE FROM THE DRIVEWAY TO THE CURB AS THE MINIMUM DISTANCE REQUIREMENT OF FIVE OF 15 FEET ARE ENFORCED FOR THE SAFETY OF VEHICULAR TRAFFIC. AND THEN THIS IS THE NOTIFICATION PLAN. STAFF MAIL 21 NOTICES. WE RECEIVED A ZERO IN FAVOR TO AN OPPOSITION AND WE ALSO HAD NO RESPONSE FROM THE DONALDSON TERRACE EMERGENCY ASSOCIATION. THIS CONCLUDES STAFF PRESENTATION AND THE APPLICANT IS PRESENT. GREAT. THANK YOU. THANK YOU. UM, IF THE APPLICANT COULD PLEASE COME FORWARD, UH, STATE YOUR NAME AND LET US KNOW ABOUT YOUR CASE. I, FIRST OF ALL, I DIDN'T KNOW I HAD A CASE. THIS IS, I JUST FOUND OUT ABOUT IT. FRIDAY AT THREE 30 FROM A NAME BY THE, UH, GENTLEMAN BY THE NAME OF JOHN. ARE WHO CONTACTED? ARE YOU THE APPLICANT? I'M THE OWNER OF THE HOME. OKAY. I'M NOT AWARE OF ANY OF THIS, BUT I'LL TRY THE BEST I CAN, BUT I'M NOT AWARE OF ANY OF THIS FOR THE FIRST TIME. I DO HAVE SOMETHING, MAYBE I'M NAIVE TO ALL THIS HOW IT WORKS, BUT I THOUGHT I WAS CLEARED. I DID A VARIANT. I TALKED TO, UH, THE CODE ENFORCEMENT OFFICER IN THE AREA, AND THEN I RECEIVED THIS SAYING THAT IT HAD BEEN DISMISSED. MAY I SEE THAT, PLEASE? SURE. AND AGAIN, I'M [01:20:01] CONFUSED AS TO WHAT'S GOING ON WITH MY FENCE. OKAY. SO, UM, DID, DO YOU RECALL APPLYING FOR A VARIANCE TO THE CITY? YES, I DID. OKAY. MY SON AND I CAME AND WE WENT TO THE OTHER SIDE AND WE PUT IN THE VARIANT. OKAY. SO THE, THE ONLY, THE, THE ONLY, UH, ENTITY THAT APPROVES THOSE VARIANTS IS THIS COMMISSION. MM-HMM. THE CITY, THE CITY DOESN'T DO THOSE ADMINISTRATIVELY. MM-HMM. . SO WE ARE HERE TODAY TO REVIEW THE PAPERWORK THAT YOU SUBMITTED, UH, AND TO, TO DETERMINE WHETHER OR NOT IT'LL BE GRANTED OR NOT. GRANTED, HERE'S MY QUESTION, THOUGH. THAT'S WHAT I'M TRYING TO ASK. I DON'T UNDERSTAND THE PROCEEDINGS. I'VE NEVER BEEN THROUGH THIS. OKAY. SO I'M A BIT CONFUSED AS TO WHY I'M HERE, WHAT'S GOING ON, BLAH, BLAH. OKAY. I WAS NOT PREPARED. WAS NOT PREPARED. SO WHEN HE CALLED ME, JOHN, WHEN HE CALLED ME AND HE SAID, YOU NEED TO APPEAR MONDAY AT ONE O'CLOCK. FOR WHAT? OKAY. SO I'M BEING NAIVE ABOUT THE WHOLE SITUATION. I'M BEING HONEST. THIS IS VERY, TO ME, THIS IS ALL, WOW. WHAT IS GOING ON? MOST OF THE CASES WE HEAR IT IS THE . OKAY. PEOPLE THAT FOR US. OKAY. SO, UM, I KNOW MY, UH, CODE ENFORCEMENT OFFICER HAD TOLD ME SOMETHING ABOUT IT, SAID, MS. MONTES PUT IN A VARIANT, MS. MONTES, PAY THE FINE MS. MONTES, YOU'LL BE OKAY. AND I SAID, OKAY. OKAY. OKAY. SO WHAT, WHAT'S HAPPENING TODAY IS, UM, WE'RE WE'RE ASKING FOR, FOR YOU AS THE OWNER MM-HMM. AND THE, AND THE APPLICANT MM-HMM. FOR THIS CASE TO TELL US WHY WE SHOULD APPROVE IT. UM, YOU KNOW, WHAT IS YOUR HARDSHIP? WHAT IS THE NEED? OKAY. UH, YOU, YOU MIGHT WANNA MENTION IF THERE, YOU KNOW, HOW THIS AFFECTS SAFETY 'CAUSE THERE'S A CLEAR VISION ASPECT TO IT. SO PLEASE TAKE YOUR TIME. OKAY. YEAH. UM, FIRST OF ALL, I'M NOT AWARE OF IT, SO I'M NOT PREPARED. SO I'M VERY ILL PREPARED FOR THE SITUATION. 'CAUSE I WASN'T AWARE I WAS GOING TO BE IN FRONT OF A BOARD. AND SO I DON'T KNOW WHO'S TAKING NOTES OF ALL THIS. BUT ANYWAY, UM, I DO WANT TO PUT THAT ON THE RECORDS THAT I WAS NOT AWARE OF THIS. OKAY. SO I'M GONNA TRY THE BEST I CAN TO DO WITH WHAT I, WHAT I'M WORKING WITH, WHICH IS VERY LITTLE. SO THIS IS WHAT I WAS GIVEN. I THOUGHT THIS WAS CLOSED. IT WAS A CLOSED CASE. OKAY. MY NAIVENESS. OKAY. I DON'T KNOW. AND THEN SPEAKING TO MY CODE ENFORCEMENT OFFICER, VALERIE, DO THE VARIANT. I DID IT WITH MY SON. WE WENT NEXT DOOR. SO I'VE ALREADY SPOKEN ON THAT. THE REASON FOR THE FENCE WAS IT WAS AN EMERGENCY. AND WHEN EMERGENCY HAD TAKEN PLACE, IT WAS BACK IN APRIL WHEN THE COVID WAS GOING ON. I CALLED OVER HERE AND NO ONE WOULD ANSWER. FINALLY I GOT AN ANSWER FROM SOMEONE AND THEY SAID THAT THEY WERE CLOSED BECAUSE OF THE COVID SITUATION. OKAY. I HAD AN EMERGENCY ON MY HANDS. OKAY. THE EMERGEN, THE EMERGENCY WAS, I HAD A NEIGHBOR TWO YEARS PRIOR TO THE COVID WHO HAD ATTACKED MY DAUGHTER IN MY FRONT OF MY HOME WITH A GUN. WE HAD TO GO THROUGH THE DA'S OFFICE TO GET THAT. THE MAN WAS FOUND GUILTY, HE WAS ANGRY. HE WAS PUT ON A, ON A MONITOR. I ASKED THE DA IF THEY COULD MAYBE ASK HIM TO LEAVE THE NEIGHBORHOOD. THEY LAUGHED AT IT AND THEY SAID, NO, WE CAN'T DO THAT. EVEN THOUGH HE RENTS THERE. UM, COME TO FIND OUT, 'CAUSE I HAVE SOME REALTORS THAT ARE FAMILY MEMBERS AND I ASKED HIM, CAN Y'ALL LOOK UP THIS GUY? UH, HE DOESN'T OWN THE HOME. HE RENTS THE HOME, BUT HE LIVES FURTHER DOWN. HE'S A GANG BANGER. BIKER. I DUNNO. OKAY. DAN GUZMAN. SO, OKAY, LET'S, LET'S, LET'S TAKE A, TAKE A SECOND HERE. UM, FIRST OF ALL, SO YOU'RE SAYING THAT YOU, YOU NEED THIS HIGHER FENCE AND, AND, AND, AND HAVE IT BE SO CLOSE TO THE STREET FOR YOUR, FOR YOUR SAFETY? YES. OKAY. UH, STAFF. SO WE, THE PAPER THAT YOU HAD PROJECTED AND THAT'S BEING PASSED AROUND MM-HMM. , WAS THIS FOR A CITATION BY CODE ENFORCEMENT THAT WAS REMOVED DEPENDING ON HOW THIS TURNS OUT? YES. MY NAME IS MICHAEL ESTI WITH, UH, CODE ENFORCEMENT DEVELOPMENT SERVICES MANAGER. UH, NOTICE WAS ISSUED IN APRIL OF 2021. AND AGAIN IN FEBRUARY OF 2022, A CITATION WAS ISSUED IN SEPTEMBER OF 2021 FOR $300. AND IT WAS FOR IN APRIL OF 2021. AND IT WAS DEFAULTED, MEANING SHE HAD TO PAY IT WHEN THIS CITATION WAS ISSUED. NORMALLY DURING THE PROCEEDINGS, WHEN WE SAY, HEY, I'VE APPLIED FOR THE VARIANCE DEVELOPMENT SERVICES, SAYS, HEY, LET'S ALLOW 'EM TO GO THROUGH THE VARIANCE PROCESS SO THEY CAN GO AHEAD AND START. IT APPEARS THAT, UM, THEY APPLIED FOR THE VARIANCE IN APRIL, UH, SINCE NOTHING HAD GONE THROUGH AT THAT TIME, UH, WE ISSUED TWO ADDITIONAL CITATIONS FOR $500 AND $1,000. AND LAST MONTH, WHICH BRINGS THE TOTAL AMOUNT OF CITATIONS, WE ISSUED UP TO $2,100 FOR THE VIOLATIONS. AND IT WAS DISMISSED BECAUSE THERE WAS AN APPLICATION AND PROCESSING. NORMALLY WE WANNA WORK WITH THE CITIZENS, BUT SINCE IT HADN'T BEEN THE CASE HASN'T BEEN PROGRESSED RIGHT. COMING TO THE BOARD, WE DID ISSUE MORE CITATIONS. AND THIS CASE HAS BEEN GOING ON FOR ABOUT, UM, A YEAR, OVER A YEAR AND A HALF. OKAY. ALRIGHT. I JUST WANTED TO PUT THAT OUT THERE FOR THE REST OF THE COMMISSION. [01:25:01] UH, OKAY. THE CITATIONS THAT HE'S TALKING ABOUT. YEAH. SO WHAT, WHAT HAPPENS IS, UH, THE FACT THAT YOUR FENCE IS SO TALL AND IT'S SO CLOSE TO THE STREET, IT VIOLATES CITY CODE. SO THEY CITED THAT CODE VIOLATION MM-HMM. , AND THEN IN RESPONSE TO THAT, AN APPLICATION BEFORE THIS COMMISSION TO ALLOW THAT DEVIATION. MM-HMM. , THAT'S WHAT WE'RE HERE TODAY. AND SO THAT DISMISSAL IS FOR THOSE CO THOSE CODE VIOLATIONS DONE BY THE CITY PENDING THE OUTCOME OF OKAY. THIS CASE. SO IF, IF, IF THIS COMMISSION, UH, AGREES WITH YOUR APPLICATION, OKAY, THEN YOU WON'T BE IN VIOLATION BECAUSE YOU, YOU'LL BE ALLOWED TO DO THIS. UH, IF WE DON'T AGREE WITH YOUR APPLICATION AND WE FEEL THE FENCE IS TOO HIGH AND TOO CLOSE TO THE STREET, THEN THE CITY WILL, WILL, WILL THEN CONTACT YOU ABOUT HAVING IT REMOVED. OKAY. SO, UM, PLEASE CONTINUE WITH YOUR PRESENT. WELL, THE VIOLATIONS HE'S TALKING ABOUT, I DID SEE THOSE. AND AGAIN, THIS IS ALL NEW TO ME 'CAUSE I USUALLY FOLLOW CODE COMPLIANCE REGULATIONS, BUT THIS WAS UNDER AN EMERGENCY. IT WAS DURING THE COVID. I HAD CALLED OVER HERE SEVERAL TIMES TO GET, TO GET A PERMIT TO GET THIS THING DONE. UNFORTUNATELY, NOBODY WAS ANSWERING HERE AT THE TIME BECAUSE WE WERE UNDER THE COVID. WELL, THE, THE CITY CRISIS, THE CITY CANNOT GIVE YOU A PERMIT TO BUILD A FENCE ABOVE THREE FEET SOLID WOOD FENCE IN YOUR FRONT YARD. RIGHT. AND THEY CANNOT GIVE YOU A PERMIT TO CONSTRUCT A FENCE THAT CLOSE TO THE STREET. 'CAUSE IT'S A, IT'S A TRAFFIC VI IT'S A CLEAR VISION ISSUE. OKAY. BUT THE POINT I'M TRYING TO MAKE IS THAT I DID TRY TO CONTACT THE CITY OKAY. TO GIVE ME THE ANSWERS THAT YOU'RE GIVING ME RIGHT NOW OKAY. TO GIMME THOSE EXACT ANSWERS YOU'RE GIVING ME. THAT'S WHAT I WAS TRYING TO DO AT THE TIME. OKAY. BUT I DIDN'T GET AN ANSWER FROM ANYONE BECAUSE WE WERE UNDER COVID RESTRICTIONS. OKAY. AND THEY UNDERSTAND THAT TOO. AND IT WAS AN EMERGENCY. SO WHAT HAPPENED WAS, IN 2019, THE MAN, THE FATHER THAT DID THIS TO MY DAUGHTER THAT PUT A GUN IN FRONT OF MY HOME, DECIDED TO COME OVER WITH A GUN WITH HIS CAR AND PULL A GUN TO MY DAUGHTER'S HEAD, UH, TRAUMATIZED HER. SHE STILL HAS P T S D. SHE MOVED OUT BECAUSE OF THIS. SHE DIDN'T WANNA BRING PROBLEMS TO ME. UH, BUT SHE LIVES IN THE AREA. OKAY. SO THIS GUY, BECAUSE THE DA FOUND HIM GUILTY. WELL, WE'RE NOT, WE YOU'VE EXPRESSED THAT THERE'S A SAFETY ISSUE. DO YOU HAVE A POLICE REPORT? YES. OKAY. DO YOU HAVE THAT IN THE FILE? AGAIN, I'M VERY ILL PREPARED. I WASN'T AWARE THIS WAS GONNA HAPPEN. OKAY. SO I SAID THAT FROM THE BEGINNING TO MAKE NOTES OF THAT. OKAY. SO I CAN BRING ALL THAT IN AND I CAN GO TO THE DA'S OFFICE TO GET THAT PAPERWORK BECAUSE IT HAPPENED IN 2019. I, I AM NOT DOUBTING THAT THIS HAPPENED. I'M JUST SAYING THAT WE'RE LOOKING FOR, UH, DOCUMENTATION AND OF HARDSHIP. BUT, UH, YOU KNOW, YOUR VERBAL TESTIMONY IS ADEQUATE. OKAY. IT WOULD BE, WELL IF IT'S ADEQUATE, IF NOT, I CAN GET THAT DOCUMENTS FOR YOU BECAUSE THAT'S NOT A PROBLEM. SO LET ME MOVE ON WITH WHAT'S HAPPENED. AND BECAUSE I, EVERYBODY'S TIRED AND ANYONE WANTS TO GET GOING HERE. SO AFTER THAT, WE'RE COMING OUT OF THIS COVID THING AND I'M OUT IN THE YARD ONE DAY AND THE BOY, HE'S GOT TWO SONS. THEY'RE GANG BANGERS, THEY'RE, YOU KNOW, SHOOT UP GUNS IN THE AIR, BLAH, BLAH, BLAH, BLAH, BLAH, BLAH, BLAH. HE WANTS VENGEANCE FOR HIS FATHER. OKAY. AND NOW HE COMES BACK AROUND AND HE'S LOOKING FOR TROUBLE AND HE'S LOOKING FOR TROUBLE. AND HE KEEPS COMING OVER TO MY NEIGHBORHOOD. HE KEEPS COMING IN FRONT OF MY YARD. HE KEEPS TELLING ME, WELL, THERE'S A PARK IN FRONT. YOU CAN CALL THE POLICE. I'M NOT DOING ANYTHING. WHEN I WOULD CALL THE POLICE, HE WOULD JUMP OVER TO THE PARK. THEN HE TOLD THE POLICE THAT HE WAS LOOKING FOR A MISSING DOG. AND SO IT'S A CAT AND MOUSE CHASE GOING ON WITH THE GUY. THIS IS GETTING WAY OFF TOPIC. AND IS, IT'S NO LONGER BEING GERMANE TO YOUR APPLICATION. MM-HMM. . OKAY. YOU, WE UNDERSTAND THAT YOU ARE, YOUR TESTIMONY IS THAT YOU'RE HAVING SAFETY ISSUES AND THAT'S WHY YOU, YOU KNOW, DESIRE THE FENCE AND THE WAY IT'S BEEN BEEN CONSTRUCTED. MM-HMM. . SO IF THERE'S ANYTHING ELSE YOU NEED TO, LIKE, TO ADD. WELL, YEAH, I NEED THE FENCE THERE. I, I DON'T LIKE IT. UH, THE REASON WHY IT STICKS OUT SO FAR IS BECAUSE THE CARS CAN'T FIT. IT'S NOT A VERY BIG PROPERTY IN THE FRONT. OKAY. SO I HAD TO PULL IT OUT MORE SO THAT THE, THE CARS COULD FIT PROPERLY. THE OTHER REASON WHY THE FENCE STICKS OUT AND MY NEIGHBOR NEXT DOOR, SHE PUT A WROUGHT IRON FENCE. I CAN'T AFFORD A WROUGHT IRON FENCE. I HAD TO GO WITH A WOODEN FENCE. OKAY. BECAUSE IT'S A LOT CHEAPER. OKAY. THE WOODEN FENCE. SO, UH, IS THERE ANYBODY SIGN UP TO SPEAK OR ANY VOICEMAILS? THERE'S NO PUBLIC COMMENT. OKAY. WE'RE GONNA OPEN THIS UP TO COMMISSIONER QUESTIONS. IS THERE ANY QUESTIONS FOR THIS APPLICANT? SURE. YES. COMMISSIONER ZUNA. UH, SO YOU HAD THIS RIGHT HERE. YOU HAD THE FENCE BUILT. DO YOU KNOW THE NAME OF THE CONTRACTOR THAT BUILT THE FENCE? UM, IT WAS THROUGH THE MARKET. UM, 'CAUSE THEY CALL IT THE MARKETPLACE OR SOMETHING OFF OF FACEBOOK. OKAY. AND, AND I [01:30:01] HAD AN EMERGENCY DONE. I HAD AN EMERGENCY. I TOLD THEM, I TOLD THEM, I SAID, CAN YOU GET IT DONE IN TWO DAYS? I HAVE A PROBLEM. OKAY. I'M SCARED FOR MY LIFE. I GUESS THEY NEVER BROUGHT UP THE ISSUE WITH THE PERMITS OR I I KNOW YOU NO, I TOLD THEM, I SAID, I'M GONNA CALL OVER THERE AND I'M GONNA SEE IF I CAN GET THE PERMIT FOR US. AND AGAIN, NOBODY EVER ANSWERED HERE, BUT LIKE HE SAID, THERE WAS QUESTIONS THAT I HAD THAT WERE NOT ANSWERED. SO I TOOK IT AT FACE VALUE THAT I'M GONNA HAVE TO DO WHAT I HAVE TO DO TO PROTECT MY FAMILY. I ALSO PUT UP A RING CAMERAS AND, OKAY. IS THERE ANY OTHER COMMISSIONER QUESTIONS? YES. COMMISSIONER SPIELMAN, YOU SAID, UH, YOU SAID THAT YOUR DAUGHTER HAD MOVED OUT. HOW LONG AGO WAS THAT? SHE MOVED OUT A YEAR AGO, BUT SHE WAS STILL RESIDING THERE AT THE TIME. ANY OTHER COMMISSIONER QUESTIONS? COMMISSIONER KAPLAN? YEAH. HAS THE UH, GUY COME BACK SINCE YOUR DAUGHTER'S LEFT? YES. MADAM COMMISSIONER MAYO. SO, UM, SO ONE OF THE QUESTIONS I HAVE HERE IS THAT YOU TALKED ABOUT THE NEIGHBOR'S FENCE BEING THE WROUGHT IRON, AND THAT DOES SEEM A LOT MORE CONSISTENT WITH WHAT'S IN THE COMMUNITY. AND SO THE QUESTION I GUESS I WOULD ASK IS, DOES, WOULD YOU THINK THAT THE WROUGHT IRON WOULD PROVIDE THE SAME AMOUNT OF SECURITY? NO. UM, AND SO, UM, YOU KNOW, AND SO THE OTHER POINT IS THAT WE GENERALLY DON'T SEE SIX FOOT FENCES IN THE FRONT YARD. I KNOW. AND SO, UM, AND SO IS THAT THE HEIGHTS REQUIREMENT THAT YOU REQUIRE? I I, I PUT THE FENCE THAT HIGH. I REALLY DON'T LIKE IT THAT HIGH. I DON'T, I DID IT BECAUSE I DON'T WANT THIS BOY LOOKING INSIDE MY HOUSE. THAT WAS THE PURPOSE. THERE'S A PARK ACROSS MY STREET. HE SITS THERE, HE TAUNTS US. HE PLAYS BACK AND FORTH WITH US. CHECK. I'M NOT PLAYING WITH THIS GUY. I I JUST WANNA BE LEFT ALONE IN PEACE. I, I HAVE A DOG. UH, I, I ACQUIRED A PIT BULL TERRIER. HE'S A, SHE'S A VERY GOOD DOG. I HAVE SIGNS THAT SAYS I HAVE A DOG. UH, MY MAILMAN KNOWS, UH, I HAVE A SECURITY. UM, THE RINGS ON MY PHONE WHEN SOMEONE'S TRESPASSING OR COMING THROUGH OR NOT. I DO HAVE SIGNS POSTED EVERYWHERE. MY NEIGHBOR NEXT DOOR, SHE PUT UP HER FENCE, MATCHED UP WITH MY FENCE. HERS IS WROUGHT IRON. I GUESS YOU CAN AFFORD THAT. I CAN'T AFFORD A WROUGHT IRON FENCE. THE QUOTE THAT WAS GIVEN TO ME WAS LIKE $20,000. THIS FENCE COST ME UNDER THINK LIKE 10,000 SOMETHING LIKE, AND THAT WAS A LOT FOR ME. AND, UM, THERE ARE TWO A OR TWO NEIGHBORS THAT ARE ACROSS THE STREET FROM YOU THAT ARE AN OBJECTION TO THIS FENCE BEING IN PLACE. UM, HAVE YOU HAD AN OPPORTUNITY TO TALK WITH THEM AT ALL? I'M SORRY, WHAT WAS THAT? THERE ARE TWO NEIGHBORS ACROSS THE STREET, UM, THAT, THAT, THAT OBJECTED TO THIS FENCE. AND SO HAVE YOU HAD AN OPPORTUNITY TO TALK TO ANY OF THE NEIGHBORS? NO. I DIDN'T KNOW. YOU'RE JUST TELLING ME THIS RIGHT NOW. I DID GET AFTER THE BOY 'CAUSE HE HAD A GRADUATION THIS YEAR AND THEY STARTED SHOOTING OFF GUNS. AND I SAID, YOU KNOW, I HAVE CAMERAS AND THE CAMERAS POINT TO THE PARK AND I KNOW YOU GUYS ARE DOING, I KNOW WHAT Y'ALL ARE DOING. I'M GONNA CALL THE COPS SO YOU ALL GET ON, MOVE ON. AND DON'T BE SHOOTING GUNS OFF IN THE NEIGHBORHOOD 'CAUSE HE HAD A GRADUATION. OKAY. UM, I'M NOT AWARE OF MY FRONT NEIGHBORS DOING THAT. THANK YOU. MM-HMM. , ANY OTHER COMMISSIONER QUESTIONS? ALRIGHT, HEARING NONE. UM, WE'RE GONNA GO AHEAD AND DELIBERATE NOW, SO, OKAY. YOU CAN, YOU CAN TAKE A SEAT AND WE WILL SEE HOW IT TURNS OUT. IS THERE, DO, DO I GET MY PAPERWORK PLEASE? JOSEPH, CAN YOU HAND THAT TO HER PLEASE? AND MR. CHAIR, WE JUST WANNA POINT OUT, UM, THE CODE INVESTIGATION STARTED BACK IN APRIL OF 2021. UH, SO THERE WAS KNOWLEDGE BACK THEN, AND THEN ANOTHER NOTICE WAS GIVEN IN FEBRUARY, UH, OF 22. SO THIS HAS BEEN AN ONGOING ISSUE ALSO DURING COVID, WE WERE OPEN. UM, IT, WE DID HAVE ONLINE PERMITTING SERVICES AS WELL AS STAFF ON HAND TO ANSWER QUESTIONS. SO, UM, NOT SURE WHAT NUMBER SHE WAS CALLING THAT SHE WAS HAVING TROUBLE WITH, THAT ALL MY PHONES ARE RECORDED ALL THE TIME. I RECORD EVERY PHONE CALL THAT COMES THROUGH IN AND OUT OF MY HOME. SO I DON'T KNOW WHAT NUMBER I WAS CALLING, BUT I WAS CALLING 3 1 1 AND THEN THEY WERE GETTING ME THROUGH OVER HERE. THERE WAS A RECORDING ON AT ALL TIMES. ALL RIGHT. THERE, THERE WAS A RECORDING ON. THANK YOU. MM-HMM. AS A COMMISSIONER, I'D LIKE TO MAKE A MOTION. OH, ONE MORE THING. THE VIEW IS NOT OBSTRUCTING ANYTHING BECAUSE I DID IT MYSELF. THE, IF YOU CAN MOVE FURTHER DOWN, MA'AM, WE'RE WE'RE, WE'RE, WE'RE GONNA MOVE ON TO A DELIBERATION. IF YOU COULD PLEASE TAKE A SEAT. IS THERE A COMMISSIONER? I'D LIKE TO MAKE A MOTION ON THIS . OKAY. UH, HEARING NONE, UH, THIS, UH, CASE DIES, UH, DUE TO LACK OF EMOTION, [01:35:02] YOU COULD PLEASE GET WITH STAFF. UH, MS. UH, YES, MS. MONTES. OKAY. SO NO ONE ON THE COMMISSION WAS WILLING TO MAKE A MOTION IN THIS CASE SO IT, IT IS FAILED. SO THAT MEANS YOU CAN PLEASE GET WITH STAFF AND TALK ABOUT, UH, WHAT YOUR NEXT STEPS ARE. OKAY. WELL THANK YOU MISS THANK, THANK YOU ALL OF YOU FOR HEARING ME OUT AGAIN. I'M VERY NAIVE TO ALL THIS. THANK YOU. THANK YOU. Y'ALL HAVE A GOOD DAY. ALL OF YOU GUYS HAVE A NICE DAY. COOL. UH, ITEM NUMBER FOUR, PLEASE. OKAY. UM, BO O A 22 1 0 3 0 0 2 3 3 LOCATED AT THREE THREE DRIVE IN COUNCIL DISTRICT NUMBER SEVEN. UM, THE APPLICANT BEING GILBERT RODRIGUEZ. UM, REQUEST FOR A ONE, A REQUEST FOR A FIVE FOOT VARIANCE FROM THE MAXIMUM 10 FOOT FRONT YARD CARPORT, MAXIMUM HEIGHT IN THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT DESIGN STANDARDS TO ALLOW A 15 FOOT IN HEIGHT, A 15 FOOT CARPORT IN HEIGHT. UM, TWO, A REQUEST FOR A FRONT YARD CARPORT, ROOF DESIGN VARIANCE FROM THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT DESIGN STANDARDS TO ALLOW CARPORT TO HAVE A PITCHED ROOF. AND THREE, A REQUEST FOR A FIVE FOOT VARIANCE FROM THE 10 FOOT MINIMUM FRONT SETBACK REQUIREMENT TO ALLOW CARPORT TO BE FIVE FEET FROM THE FRONT PROPERTY LINE. UM, CURRENT ZONING IS R SIX RESIDENTIAL SINGLE FAMILY. I CAN, OKAY, OVER HERE. I GOT IT. UH, THE APPLICANT HAS INSTRUCTED A CARPORT THAT MEASURES 15 FEET IN HEIGHT AND HAS A PITCHED THE ROOF. UH, THE PROPERTY IS LOCATED WITHIN THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT, WHICH ALLOWS CARPORTS UP TO 10 FEET IN HEIGHT AND THE ROOF, UM, DESIGNED TO BE FLAT. UM, THE CONSTRUCTED CARPORT VIOLATES THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT DESIGN STANDARDS. ADDITIONALLY, THE CARPORT IS FIVE FEET FROM THE FRONT PROPERTY LINE. UM, THE J THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT WAS ESTABLISHED APRIL 16TH, 2009. UM, SO THAT'S CURRENTLY A PICTURE OF THE SITE PLAN. UH, THE RED AREA IS KIND OF WHERE THE CARPORT IS CURRENTLY LOCATED ON THE LOT ITSELF. UH, JUST TO MENTION THAT IS, IT IS ALSO ABOUT 15 FEET IN HEIGHT. UH, SO THAT'S THE SUBJECT PROPERTY. YOU SEE THE CARPORT RIGHT THERE TO THE RIGHT SIDE. AND THEN THE CARPORT ITSELF, UM, OOPS, THERE YOU GO. SO THAT IS THE OVERHANG TO THE RIGHT SIDE OF WHICH IS ON THE RIGHT SIDE OF THIS PICTURE. UH, THAT IS OVER, UH, TO THE NEIGHBORING PROPERTY ON THE RIGHT. UM, IT IS DETACHED AND THIS IS UNDERNEATH THE CARPORT AREA, WHICH NOTICE IT ALSO HAS ELECTRICAL FIXTURES ON IT AS WELL. AND THEN SOME OF THE SURROUNDING AREAS. UM, SO RECOMMENDATION FOR THE JEFFERSON N C D DESIGN STANDARDS, VARIANCE AND FRONT SETBACK, UM, STAFF RECOMMENDS NOW BO O 8 23 1 0 3 0 0 2 2 2 3 3 BASED ON THE FOLLOWING FINDINGS OF FACT, UM, THE CARPORT DOES NOT UPHOLD THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT DESIGN STANDARDS AND ENOUGH ROOM EXISTS FOR THE, WITHIN THE SETBACKS FOR CARPORT. THERE WERE 24 NOTICES SENT OUT. THERE WAS ONE IN FAVOR, WHICH IS AN IMMEDIATE NEIGHBOR, UM, TO THE RIGHT HAND SIDE OF THAT MAP, THERE WAS ALSO, UH, THERE WAS TWO IN OPPOSITION. THERE WAS ONE THAT IS ON THE LEFT HAND SIDE OF THAT MAP AND ANOTHER IMMEDIATE NEIGHBOR. AND THERE WAS ONE OUTSIDE 200 FEET. UM, WOOD ALONG LAKE HOMEOWNERS ASSOCIATION IS OPPOSED. JEFFERSON'S HOMEOWNERS ASSOCIATION IS OPPOSED. AND THERE'S ANOTHER ONE TOO. AND THE CONSERVATION SOCIETY IS OPPOSED. UM, THERE'S THREE LETTERS. SO I'M GONNA GO AHEAD AND KIND OF JUST TRY TO FLIP THROUGH 'EM. SO THAT IS FROM JEFFERSON CONSERVATION SOCIETY. AND THEN THE LAST ONE SHOULD BE FROM THE WOOD LONG LAKE. YEAH. AND I COMPLETE THE STAFF PRESENTATION AND THE APPLICANT IS PRESENT. OKAY. THANK YOU VERY MUCH. IF THE APPLICANT COMPLETE, COME FORWARD. HOW YOU DOING? GREAT. IF YOU COULD STATE YOUR NAME AND GILBERT RODRIGUEZ? YES SIR. THANK YOU. AND PLEASE, UH, CONTINUE WITH YOUR PRESENTATION. SO THE CARPORT, ORIGINALLY WHEN I PURCHASED THE HOUSE IN 2015, [01:40:01] THERE WAS AN EXISTING CARPORT. UM, WHAT WE DID WAS THAT CARPORT AFTER ABOUT PROBABLY ABOUT THREE OR FOUR YEARS, STARTED TILTING TO THE RIGHT. UM, WE, IF YOU SEE HIM, I DON'T THINK WE HAVE THE PICTURE, BUT I DID FORWARD IT. BUT IN ONE OF THE PICTURES THERE WAS AN ANCHOR THAT ANCHORED FROM THE TREE TO THE CARPORT ITSELF TO KIND OF KEEP IT FROM, FROM LEANING. WHAT WE DID WAS WE WENT IN AND USED THE EXISTING HOLES AND THE EXISTING STRUCTURE THAT WAS THERE. WE JUST REINFORCED THAT STRUCTURE, UM, AND DID SOME SMALL COSMETIC WORK TO IT. UM, SO IF YOU LOOK AT THE FOOTPRINT OF WHERE THOSE POLES ARE RIGHT THERE, WE ADDED CONCRETE TO ACTUALLY PUT THOSE POLES IN THE CONCRETE AND ACTUALLY USE THE EXISTING POLES, HOLES THAT WERE THERE. SO WE DIDN'T HAVE TO DIG. AND WE DID MAKE SURE WE WENT IN THERE WITH CEMENT POLES AS WELL AS THE METAL PLATES TO MAKE SURE THAT IT WAS OKAY. UM, NOW I DO WANNA STATE THAT THE NEIGHBOR WHO DID COMPLAIN ABOUT THIS IS A, WAS THE FORMER PRESIDENT OF THE CONSERVATION SOCIETY. SO I FEEL LIKE IT WAS A TRICKLE DOWN EFFECT WITH THESE CONSERVATION SOCIETIES IN WHICH THEY WERE OPPOSED TO IT. UM, I THINK THAT, YOU KNOW, WE'RE, WE'VE TRIED TO BETTER OUR HOUSE FOR MANY YEARS. TRIED TO PUT MONEY INTO OUR HOUSE TO TRY TO INCREASE THE NEIGHBORHOOD THAT WAS AN ABANDONED HOUSE WHERE THE, I GUESS THE COMPLAINT CAME FROM. IT WAS AN ABANDONED HOUSE FOR ALMOST 20 PLUS YEARS. UM, THE LADY THAT DID LIVE THERE, UH, WAS VERY GOOD. WE WERE VERY GOOD NEIGHBORS. MY, YOU KNOW, FAMILY, WE'VE BEEN IN THAT NEIGHBORHOOD FOR YEARS AND IT WAS, WE WERE THE ONES THAT MAINTAINED THAT YARD WHEN IT WAS ABANDONED FOR 20 YEARS. SO IT WAS JUST KIND OF IRONIC HOW THIS COMPLAINT CAME ABOUT. UH, BUT THE STRUCTURE ITSELF IS NOW VERY WELL STABLE AND ISN'T GOING ANYWHERE AS FAR AS STRUCTURE. OKAY. UM, STAFF, CAN YOU PLEASE BRING UP, UM, A STREET VIEW FROM 20 APRIL, 2016? IT SHOWS WHAT IT LOOKED LIKE BEFORE. THANK YOU. IT APPEARS THAT IT'S, IT'S VERY SIMILAR. IT'S JUST IT, AND IT LOOKS LIKE IT HAS AN EXTREMELY SLIGHT PITCH ON IT, ALTHOUGH IT MAY BE FLAT, BUT IT LOOKS LIKE THERE'S A SLIGHT PITCH ON THE PREVIOUS ONE, BUT IT DOES LOOK LIKE IT'S IN THIS EXACT SAME SPACE, SAME PLACE. UM, SO IF, IF ACTUALLY IT LOOKS, IF YOU DON'T MIND, WE'D LIKE TO OPEN THIS UP TO QUESTIONS. IF LET'S YEAH, NOT AT ALL. YEAH, NO, NO PROBLEMS. I DO HAVE THE CONTRACTOR AS WELL THAT BUILT IT AS WELL AS A, AN ADVISOR THAT I'VE HAD HERE. DID YOU, DID YOU RECEIVE A PERMIT? WE DIDN'T. AND THE REASON, AND AGAIN, THE REASON WE DIDN'T IS BECAUSE I WAS A, I WAS TOLD THAT IT, 'CAUSE IT WAS AN EXISTING STRUCTURE THAT WE WEREN'T NEEDING A PERMIT. WE WERE JUST REINFORCING WHAT WAS ALREADY THERE. GOT IT. UM, SO I DIDN'T, I DIDN'T GET A PERMIT ON THAT. OKAY. COMMISSIONER MADAM. YEAH, SO ACTUALLY, SO LEAVE THIS PHOTO HERE. THE DISTANCE BETWEEN THE APRON TURN, UM, TO THE DRIVEWAY, IT LOOKS ABOUT 10 FEET. AND IF YOU GO TO THE CURRENT VIEW, IT'S EVEN, EVEN EVEN WITH THAT TURN. SO IT DID MOVE FORWARD OR APPEARS TO HAVE MOVED FORWARD BY AT SOME FEET. SO IT LOOKS LIKE IT WAS BUILT SLIGHTLY CLOSER TO THE STREET THAN THAN THE PREVIOUS COVER. AND IF I REMEMBER CORRECTLY, I, I DON'T WANT TO QUOTE MYSELF ON THIS, BUT IF I REMEMBER CORRECTLY, IT WAS BECAUSE WE WERE HAVING ISSUES WITH THE ROOTS ON THAT TREE WHERE THE TREE IS ACTUALLY THERE. THAT'S A TREE THAT'S ALMOST 50 PLUS YEARS OLD. AND IT WAS REALLY, REALLY HARD FOR US TO PUT A, A HOLD OF, I GUESS TO BEAM TO BEAM THERE WITH THOSE ROOTS THAT ARE PROBABLY ANYWHERE UPWARDS TO FOUR OR FIVE FEET WIDE. OKAY. ANY OTHER COMMISSIONER QUESTIONS? BRAGMAN? COMMISSIONER BRAGMAN? I'M SORRY. DID YOU TELL US WHEN YOU PURCHASED THE PROPERTY? I PURCHASED IT IN 2015. THANK YOU. YEAH, I HAVE A QUESTION. COMMISSIONER SPIELMAN, THE HEIGHT OF THE BUILDING, UH, YOU KNOW, IS AMAZINGLY TALL. DO YOU HAVE LIKE A, A TRAVEL TRAILER OR SOMETHING THAT YOU PARK UNDERNEATH THERE? BECAUSE I'VE GONE BY AND ALL I'VE EVER SEEN IS A PICKUP TRUCK. YES. THERE'S A PICKUP TRUCK THAT IS LIFTED. THAT WAS KIND OF THE PURPOSE OF US GOING, YOU KNOW, OF THE HEIGHT OF IT. NOW I DO WANNA, I DO WANT TO VERY, UH, I GUESS IT'S SOMEWHAT, OUR MEASUREMENTS DIFFER FROM WHAT THE 15 FEET IS. OUR MEASUREMENTS ARE ABOUT 12 AND A HALF. UM, SO NOT THAT IT'S A HUGE DIFFERENCE, BUT THERE IS A DIFFERENCE IN MEASUREMENTS. STAFF IS A, IS A 15 FOOT MEASURE TO THE, THE APEX, THE TOP OF THE ROOF OR TO THE, [01:45:01] WHEN IT STARTS, STARTS ITS PITCH. UH, THE MEASUREMENT WOULD BE TO THE TOP THE APEX OF IT. OKAY. AND YOU COMMISSIONER BRAGMAN, SORRY, I HAVE ANOTHER QUESTION. SO YOU SAID YOU PURCHASED IT IN 2015 AND THERE WAS AN EXISTING CARPORT THERE? YES, MA'AM. OKAY. 'CAUSE I'M LOOKING AT GOOGLE MAP AND I'M NOT SEEING ONE AS OF FEBRUARY, 2015. I DON'T SEE IT UNTIL 20 WE PURCHASED IT IN. YEAH, THERE WAS ONE STRUCTURE THAT WAS THERE PREVIOUS TO US OWNING THE, THE HOUSE AND I, I WANNA SAY IT WAS THE BEGINNING OF 2015 OR THE MID 2015 WHEN WE PURCHASED IT. OKAY. BECAUSE I, I'M, I'M LOOKING AT GOOGLE MAPS AND THE STREET VIEW FROM FEBRUARY, 2015 DOESN'T SHOW A, A CARPORT, IT DOESN'T SHOW ONE UNTIL 2016 AND NOTHING BEFORE THAT. AND I CAN GET YOU THE EXACT DATE THAT WE PURCHASED IT. UM, MY WIFE USUALLY DOES ALL THAT, BUT I CAN GET YOU THE EXACT DATE. I GUESS MY QUESTION IS, SO YOU'RE SAYING THAT YOU DID NOT BUILD THE CARPORT THAT WAS THERE PRIOR TO THE ONE YOU JUST BUILT? NO, MA'AM, WE DID NOT. OKAY. 'CAUSE IT DOESN'T SHOW IT IN EXISTENCE UNTIL APRIL. IT COULD HAVE BEEN SOMETIME IN 2016, BUT THERE IS GOOGLE MAP THAT SHOWS APRIL, 2016. THERE IS THE OLD CARPORT, BUT NOT IN 2015 AND NOT PRIOR TO THAT. AND I CAN, AND I CAN GET THAT INFORMATION FOR YOU, EVEN IF IT'S FROM OUR CLOSING DOCUMENTS OR WHATEVER THAT IS WHEN WE PURCHASED IT. MCHA. AND, AND JUST FOR CLARIFICATION, BCA SHOWS THAT THE RECORDING DATE OF THE DEEDED OF PURCHASE ON SEPTEMBER 18TH, 2015. SO THAT'S JUST SO YOU KNOW, COMMISSIONER ZUNA. UH, SO THE QUESTION IS, UM, WHEN YOU REBUILT THE GARAGE, DID YOU RAISE NOT JUST THE APEX, JUST THE PITCH OF THE ROOF, BUT DID YOU RAISE THE, UH, THE CEILING HEIGHT OF THE, OF THE GARAGE WHEN YOU CAN I, CAN I GET THE GENTLEMAN TO ACTUALLY SURE. YEAH. PUSH BUTTON. NO. PUSH BUTTON. NO, YOU JUST, OKAY. YES. STATE YOUR NAME. PEDRO CANTU. OKAY. AND PROCEED. OKAY. YES, WE DID RAISE THE STRUCTURE. THE, THE, THE FRONT PILLAR ON THE, ON THE EXISTING ROOF ON THE FRONT LEFT IS NINE FOOT SIX. IT'S NINE FOOT SIX INCHES. THE ELEVATION DROPS DOWN TOWARDS THE BACK. RIGHT BACK, RIGHT POST IS 10 FOOT FOUR INCHES FOR ELEVATION. SO TO KEEP THE ROOF AT, AT A ELEVATED LINE. THAT'S WHAT WE DID. PLUS THE, PLUS THE VEHICLE HAVING A 12 INCH LIFT KIT WITH 37 INCH TIRES PRETTY MUCH GIVE IT THE EXTRA SPRAYS IT NEEDED TO BE TO CLEAR. SO YOU WERE AS LOW, YOU WERE AS LOW AS NINE AND A HALF. AND WHAT DID IT GO UP TO? IT, IT WENT FROM NINE, NINE AND A HALF TO TEN FOUR INCHES ON THE RIGHT SIDE ELEVATION OF, OF THE, OF THE SLAB. HOW, HOW IT, HOW IT RAN. SO THE, THE PROFIT OF, OF THE CARPORT WENT UP ABOUT A FOOT FROM THE PREVIOUS YES, SIR. AND THEN THE OTHER FOUR FEET IS JUST FROM THE PITCH OF THE ROOF? WELL ACTUALLY THE PITCH FROM THE, FROM THE, FROM THE BOTTOM, FROM, FROM THE BOTTOM PLATE OF THE, OF THE, OF THE ROOF TO THE POINT OF THE, OF THE RIDGE IS TWO FEET SIX INCHES TALL TO GIVE IT THE CORRECT ELEVATION FOR THE WATER SLOPE TO RUN OFF. BECAUSE BEFORE THE, THE, THE PITCH ON THE OLD ROOF WAS A ONE, A ONE 12 AND THERE WAS ROUTED HOLES ON TOP OF THE ROOF. SO WE HAD BROUGHT IT UP TO, TO ALMOST LIKE A TWO AND A HALF, THREE 12, JUST TO GET ENOUGH WATER TO RUN OUT FOR EVERYONE TO STAY SITTING ON TOP. DID YOU HAVE A PITCH? WAS THERE A PITCH ROOF BEFORE? YES SIR. IT WAS A PITCH ROOF, SIR. NOT FLAT. NOT FLAT, SIR. THAT'S WHAT IT LOOKS LIKE IN THE PICTURE. OKAY. I THINK COMMISSIONER ZUNA STILL HAD THE, YEAH. AND SO THE QUESTION WAS, WHEN YOU STARTED ALL THESE RENOVATIONS, WERE YOU AWARE OF THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT AND, AND NO. NO SIR, I WAS NOT. OKAY. AND WHEN YOU PURCHASED, YOU PURCHASED AND I WAS NOT, IT WAS NOT WITHIN THE, ANY OF THE RESTRICT COVENANTS? NO, I ACTUALLY GOT A LADY THAT CAME, I'M SORRY. I ACTUALLY HAD A LADY THAT CAME BY, DROVE BY AND JUST KIND OF WENT AWOL ON ME AND TELLING ME THAT SHE WAS WITH THAT, THAT CONSERVATION OR WHATEVER, AND SAID THAT IT WAS ALL OUT OF TOLERANCE. AND I DIDN'T EVEN KNOW THAT WE HAD AN ASSOCIATION. I MEAN, TO BE HONEST WITH YOU, UM, WE'VE BEEN IN THAT NEIGHBORHOOD 30 PLUS YEARS AROUND THAT AREA AND NEVER DID I KNOW WE HAD A CON. SO, I MEAN, AND IN WITH THAT, IN RESPECT TO THAT, THERE'S SO MANY HOUSES THAT ARE JUST, WELL, THERE, THERE'S AN, THERE'S AN ASSOCIATION, BUT THERE'S ALSO, WHEN WE, WHEN WE'RE TALKING ABOUT THE CONSERVATION DISTRICT, WHAT WE'RE TALKING ABOUT IS A ZONING OVERLAY THAT CITY COUNCIL PASSED FOR THIS AREA BACK IN OH NINE, I BELIEVE IS WHAT WAS BROUGHT UP. AND SO THESE ARE TIED TO ZONING? UH, NOT TO THE NEIGHBOR ASSOCIATION. OKAY. I WAS NOT AWARE, NO, SIR. OKAY. AND BRAGMAN AND THEY WOULD'VE MR. BRAGMAN PART OF YOUR, UH, DEEDED RESTRICTIONS THAT YOU RECEIVED WHEN YOU PURCHASED THE PROPERTY, THEN? YEAH, I MAY HAVE OVERLOOKED THAT. ANY OTHER QUESTIONS, MAN? CHAKA. MAKE SURE, MAN, CHAKA. SO YOU SAY YOU REINFORCED THE STRUCTURE, BUT YOU REALLY EXTENDED THE STRUCTURE IS WHAT I'M PERCEIVING FROM WHAT I'M SEEING. GOOGLE BEFORE AND AFTER BECAUSE OF THE APPROACH. AND WE, DO YOU REMEMBER HOW [01:50:01] FAR DID WE MOVE? IT WAS A TOTAL, UH, THREE FEET, TWO INCHES. THE FRONT POST ONLY. I SEE, THANKS. OKAY. AND AGAIN, THAT WAS JUST BECAUSE OF THE, THE ROOTS WITHIN THE TREE. OKAY. SO, SO JUST TO, JUST TO CLARIFY, YOU HAD A, A SLIGHT PITCH. YOU MADE IT SLIGHTLY MORE OF A PITCH FOR DRAINAGE. UH, YOU BROUGHT IT FORWARD APPROXIMATELY TWO AND A HALF, THREE FEET MM-HMM. , AND THEN IT WENT UP ABOUT TWO AND A HALF FEET? YES, SIR. OKAY. SO THAT'S, THOSE ARE THE THREE ITEMS THAT WE'RE DELIBERATING ON TODAY. IS THERE ANY OTHER COMMISSIONER QUESTIONS? OKAY. IS, UH, STAFF, IS THERE ANY PUBLIC COMMENTARY? YES, WE HAVE, UH, THREE SPEAKERS SIGNED UP. OKAY. IS THERE A NO VOICEMAILS? NO VOICEMAILS, SIR. OKAY, LET'S HEAR, LET'S HEAR THE FIRST SPEAKER. MRS. MALDONADO. MR. CHAIRMAN, COMMISSIONER . UH, IS THIS SPEAKERS, ARE THEY FROM THE SAME AREA? WE'LL FIND OUT. OKAY. THANK, THANK YOU. HELLO, MY NAME IS BIANCA MALDONADO. I'M OFFERING COMMENTS ON BEHALF OF THE MONTICELLO PARK NEIGHBORHOOD ASSOCIATION AND THE MONTICELLO PARK PRESIDENT DREA GARZA. OUR ADDRESS IS PO BOX 1 0 0 3 1 5 7 8 2 0 1. WE APPRECIATE HOMEOWNERS WHO ARE SEEKING TO INVEST IN THEIR PROPERTIES. HOWEVER, FOR THIS PARTICULAR CASE AND THIS VARIANCE FOR SEEKING, UM, PERMISSION AFTER SOMETHING WAS CONSTRUCTED WITHOUT CITY PERMITS. UH, WE SUPPORT OUR ADJACENT, UH, NEIGHBORHOOD ASSOCIATIONS, THE WOODLAWN LAKE COMMUNITY ASSOCIATION AND THE JEFFERSON NEIGHBORHOOD ASSOCIATION WHO ARE BOTH IN OPPOSITION TO THIS CASE. WE TOO ARE IN OPPOSITION. AS A SIDE NOTE, I PERSONALLY SERVED ON THE NEIGHBORHOOD CONSERVATION DISTRICT TEAM WHEN THIS WAS DONE, AND THERE'S A COMMITMENT THAT WHEN WORK IS DONE, THE HOPE IS THAT CONTRACTORS PULL PROPER PERMITS. SO WE DON'T GET INTO THESE SITUATIONS, UM, AND BRING, UH, EGREGIOUS SITUATIONS FORWARD THAT ARE SEEKING, UH, UH, PERMISSION AFTER THE FACT. THANK YOU FOR THE OPPORTUNITY TO COMMENT. THANK YOU. THERE'S A PATTY Z THAT'S OKAY. IT'S ME. SORRY. AND, AND J AND JUST FOR THE, THE PEOPLE WHO SIGNED UP TO SPEAK THE COMMISSION, UH, MAY HAVE QUESTIONS FOR YOU. ALSO BE PREPARED TO COME ON BACK UP. THANK YOU. I THINK I'M FAMILIAR. . MY NAME IS PATTY ZS. I LIVE IN DISTRICT SEVEN. I LIVE AT 3 42 SANSA DRIVE ADJACENT TO THE SUBJECT PROPERTY. UM, AND MY TELEPHONE NUMBER IS (210) 861-1386. AND YES, I AM A FORMER PRESIDENT OF THE CONSERVATION SOCIETY AND I AM PROUD OF THAT BECAUSE WITHOUT THE SOCIETY, MANY OF OUR HISTORIC HOMES WOULD NOT BE PRESERVED AND THEY WOULD BE GONE. AND IT'S USED, PRESERVATION IS USED AS A TOOL TO TAKE CARE OF THE HISTORY AND CULTURE OF SAN ANTONIO ALONG WITH ITS ARCHITECTURAL FEATURES. CAN YOU PULL UP MY PHOTOS PLEASE? I LIVE ADJACENT TO 3 42 SINISA DRIVE IN THE LITTLE GRAY HOUSE. UM, MY PARENTS BOUGHT THAT HOUSE IN 1948 AND IT'S BEEN IN OUR FAMILY SINCE THEN. I RETURNED TO THE NEIGHBORHOOD IN, UH, MAY OF, OF 2021. MY MOTHER LIVED THERE UNTIL SHE HAD TO GO TO MORNINGSIDE MANOR. IT WAS OUR WISH THAT OUR MOTHER WOULD BE ABLE TO RETURN TO HER HOME BEFORE SHE PASSED, BUT SHE DIDN'T. AND WITH MY BROTHER'S ILLNESS AND MY SISTER'S ILLNESS, WE WERE THE INHERITORS OF THE HOME. UM, IT, UM, NEEDS LOVE AND THERE'S NO DOUBT ABOUT THAT. I WOULD CONCUR WITH THAT STATEMENT. BUT MY PRO, MY REASONS FOR BEING HERE TODAY IS THAT I OPPOSE THESE VARIANCE REQUESTS FOR THIS CORPORATE STRUCTURE BECAUSE IT, THE WATER SHEDS ONTO MY PROPERTY AND I HAVE PHOTOS OF, UM, I SENT THEM AND THEY ACKNOWLEDGE THAT THEY HAVE THEM, UM, OF MY FOUNDATION. IT'S CAUSED SERIOUS DAMAGE TO THE SKIRTING AND TO THE FOUNDATION. I'VE HAD THREE CONTRACTORS OUT TO GIVE ME BIDS ON THAT FOUNDATION. AND ALL THREE HAVE TOLD ME THAT UNTIL YOU REMEDY THE WATER SHEDDING ONTO YOUR PROPERTY, BECAUSE IT'S SLOPES ONTO THE, THE GRASS ONTO MY PROPERTY. 'CAUSE THAT'S BUILT ON THE PROPERTY LINE. AND THEN AS YOU CAN SEE, 3 38 IS HIGHER AND THE CONCRETE'S HIGHER. THE WATER HAS NO PLACE TO GO, BUT DOWN BETWEEN THE TWO HOUSES. SO IT ACTUALLY GOES BETWEEN THE TWO HOUSES THROUGH MY BACKYARD INTO THE ALLEY. SO IT'S ALSO DAMAGED FOUNDATION ON A, UM, ALL THE WAY BACK, THE, THE EROSION OF THE PROPERTY, OF THE DIRT AND SO AND SO FORTH. SO YOU CAN'T REALLY SEE IT. AND I HOPE THEY GET MY PHOTOS UP, BUT ALONG THE EDGE YOU WILL, ALL THE, THE CONCRETE SKIRTING IS, UM, CRUMBLING AND THAT'S WHERE IT STARTS ONTO THE HA UNDERNEATH THE HOUSE. THE WATER HAS FLOWED [01:55:01] AND IT'S SPEARING BEAM. AND THOSE OF YOU THAT ARE ENGINEERS ON THIS, UH, BOARD KNOW THAT THAT WATER HAS DAMAGED. SO, UM, I CAN'T START THE REPAIRS ON MY HOUSE UNTIL THAT GETS REMEDIED. YOU CAN SEE A LOT. I'M NOT A GOOD PHOTO TAKER, BUT YOU CAN SEE WHERE THE, UH, SIDING IS. WE'VE PUT SOME RAILROAD TIES ALONG THERE. I'VE PUT SOME CAST IRON PLANTS AND PLANTED IT THERE TO TRY TO ABSORB THE WATER IF YOU GUYS WANNA GO UP A LITTLE BIT. UM, BASICALLY WHAT YOU'RE SEEING IS WHERE THE WATER HAS ERODED AND CAUSED THAT SKIRTING TIME IS UP. OH, MY HUSBAND IS GOING TO SEED TO ME. WELL, HOLD ON. UH, UH, MA'AM, UH, IF, IF YOU WANT, WE YOU HAVE A QUESTION, COMMISSIONER MANNA, I'LL GO AHEAD AND LET HER FINISH. BUT YES, I JUST HAVE TWO QUICK THINGS. OKAY. SO THERE ARE SIX VEHICLES PARKED UNDERNEATH THAT CARPORT. THEY'RE VERY LARGE. THAT'S A LOT OF FUEL. MY BEDROOM IS RIGHT THERE ON THE END. IF THERE WAS A FIRE TO OCCUR THERE, WE'D BE TOAST. SO I'M CONCERNED ABOUT THAT AS WELL 'CAUSE IT IS ON THE PROPERTY LINE. AND THE THIRD THING IS THE STRUCTURE DOES NOT MEET THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT DESIGN STANDARDS. AND FOR THIS REASON, WE HAVE THOSE DESIGN STANDARDS FOR A REASON TO MAINTAIN THAT INTEGRITY. AND I HOPE AND PRAY THAT THOSE DESIGN STANDARDS ARE RESPECTED. SO THANK YOU VERY MUCH FOR YOUR TIME AND CONSIDERATION AND I HOPE YOU WILL DENY THIS REQUEST. THANK YOU VERY MUCH. MANNA COMMISSIONER MANNA. SO, OH YES, SO SORRY. SO NO WORRIES. UH, COUPLE QUESTIONS. SO, UM, THE FIRST ONE IS, UM, YOU KNOW, IT, IT DOES APPEAR THAT THE CARPORT CHANGE, UH, FROM THE INITIAL INSTALLATION, UH, THAT WAS THERE AND DONE IN 2015 ISH TIMEFRAME MM-HMM. TO FAIRLY RECENT. AND SO, UH, WAS THERE A CHALLENGE WITH IT IN THE PREVIOUS STATE? UM, OR, OR I GUESS THE EARLIER CARPORT, DID YOU HAVE CHALLENGES WITH THAT AS WELL? OR, OR IS IT WITH THE RECENT CHANGES WHERE IT REALLY CHANGES IT, THE WATER HAS BEEN SHUTTING FOR SOME TIME, BUT MY MOTHER NEVER REALLY MENTIONED THAT TO ME. AND, AND LIKE I SAID, MY MO WE KEPT THE HOME. WE, IT WAS NOT ABANDONED. THE POWER WAS ON, THE WATER WAS ON. WE HAD A YARD MAN GOING OVER AND MOWING THE GRASS. YES, I WILL SAY THAT, UH, GILBERT DID GO OVER AT TIMES AND MOW, WHICH WE APPRECIATED. MY MOTHER LIVED THERE FOREVER, KNEW HIS IN-LAWS, HIS IN-LAWS OWNED THAT HOME BEFORE HE AND CHRISTINA BOUGHT IT, LOVED THEIR KIDS. BUT THIS IS AN ISSUE WHERE THAT WATER HAS BEEN DRAINING FOR A WHILE, BUT REALLY CAME TO MY MIND WHEN I MOVED BACK IN AND REALLY NOTICED HOW BAD IT WAS. AND SO IT HAS IMPACTED THE PROPERTY OVER TIME, BUT IN PARTICULAR, SINCE THE NEW ROOF IS SO THE PITCH IS SO HIGH, IT JUST SHEETS OFF OF THERE. AND WE HAVEN'T SEEN RAIN IN FOREVER. BUT WHEN WE MOVED IN, WE WERE IN A RAISING RAINY SEASON AND WE COULDN'T EVEN WALK THROUGH THE BACKYARD WITHOUT SLOGGING THROUGH WET. OKAY. AND THEN I HAVE ONE MORE QUESTION HERE. SO, UM, SO, SO I'M USE YOU AS A STAND OR AS A, UH, UM, A KNOWLEDGE EXPERT FOR THE CONSERVATION DISTRICT. AND SO YOU'VE STATED, STATED THAT IT'S NOT IN COMPLIANCE WITH THE CONSERVATION DISTRICT. CAN YOU GIVE SPECIFICALLY WHAT IT IS THAT IS IN VIOLATION TO THE DISTRICT? UM, ANYWAYS, THANK YOU. THE, UH, PITCH ROOF IS IN VIOLATION 'CAUSE THAT'S NOT ALLOWED. AND THE SETBACK IS, IT'S NO, THERE IS NO SETBACK. THE HOUSE ACROSS THE STREET, THERE ARE TWO CAR PARTS ON THAT BLOCK OF SINISA, AND BOTH OF THEM HAVE BEEN PROPERLY CONSTRUCTED. THEY ARE FLAT ROOF AND METAL. AND ALSO THERE'S WOOD BEADBOARD UNDERNEATH THAT PITCH ROOF, BY THE WAY. SO, SO, SO IN VIOLATION IS THAT IT'S NOT A FLAT ROOF. UM, AND SO, AND THEN ALSO IT'S TOO CLOSE TO THE STREET. SO IT'S TOO CLOSE TO THE STREET. YES. OKAY. THANK YOU. YES. THERE ANY OTHER COMMISSIONER QUESTIONS FOR ALSO THE, THE HEIGHT, ISN'T IT A 10 FOOT HEIGHT REQUIREMENT? YES. AND, AND THIS IS 15, IT'S 15 FEET. OKAY. ANY OTHER QUESTIONS? AND IT'S DETACHED FROM THE HOUSE. YES, YES. SO, YOU KNOW, COMMISSIONER ZUNIGA. HI, CAN WE MEET? HELLO MR. ZUNIGA? YES. UH, I GUESS THE QUESTION WAS ALREADY ANSWERED FOR ME, BUT THERE'S, UH, YOU WERE WITH CONSERVATION DISTRICT, OKAY? YOU WERE THE PRESIDENT, ET CETERA. UH, BUT THIS WHERE YOU LIVE REALLY, THERE'S NO BYLAWS FOR IT. ONLY THAT'S CONSERVATE THAT YOU SHOULD KEEP THE, THE DISTRICT THE WAY IT WAS BEFORE IF AVAILABLE. IT'S NOT A HISTORIC DISTRICT, NOTHING LIKE THAT. OKAY. SO THAT'S TWO DIFFERENCE HERE. THAT'S WHAT, YOU KNOW, I WANTED TO, UH, SHED WITH 'EM OF MY BOARD MEMBERS. IT'S DIFFERENT. YES, SIR. YOU ARE, YOU ARE CORRECT. THERE IS A DIFFERENCE BETWEEN A HISTORIC DISTRICT [02:00:01] AND A CONSERVATION DISTRICT. YEAH. AND SO THERE WERE GUIDELINES RELATED TO A, A CONSERVATION DISTRICT. YOU THOUGHT ME WELL, WHEN I WENT THERE. OKAY. SO I'M GLAD YOU LISTENED DIFFERENT THINGS HERE, YOU KNOW, AND UH, THE OTHER THING IS THIS, THAT I KNOW YOU'RE VERY INVOLVED WITH IT, BUT MY QUESTION HERE IS, UH, DO YOU ALL, I SHOULDN'T ASKED YOU THIS QUESTION, YOU KNOW, I APOLOGIZE IF UNDER, BUT WHEN WAS THE LAST MEETING YOU HAD FOR THE CONSERV? YOU, YOU REALLY DON'T REALLY, PARDON ME. THE DIS UH, CONSERVATION DISTRICT THERE AND, UH, WHAT IS THE DIS THE BOUNDARIES OF THE DISTRICT? UH, FELIX, I COULDN'T TELL YOU EXACTLY WHAT THE BOUNDARIES OF THE DISTRICT ARE WHILE I STAND HERE, BUT I'M SURE THE STAFF HAS AN OVERLAY. NO, NO, NO. THE STAFF THAT SHOWS THAT. WHAT I'M SAYING IS THE, UH, THE GENTLEMAN, OKAY, UHHUH PROPERTY OWNER HAS ASKED THE QUESTION, YOU KNOW, THAT NEEDED AN ANSWER AS HE NEVER KNEW HIS WHATEVER, 10 YEARS, 30 YEARS THAT HE HAS LIVED, THAT THERE WAS, THERE WERE NO MAINTENANCE, ET CETERA. THERE WAS NO ARCHITECTURAL OR ENGINEER, UH, SECTION THAT HE COULD GO TO Y'ALL. SO IF SHE WOULD ASK YOU, YOU WOULDN'T KNOW. SURE. BUT ALSO THE, IN THE PERMITTING PROCESS, THE APPLICANTS ARE INFORMED WHEN THEY COME IN TO APPLY FOR A PERMIT ABOUT WHERE THEY ARE. AND WE'RE GETTING OFF TRACK. I UNDERSTAND OFF TRACK ON THIS. I THOUGHT I WAS ANSWERING THIS QUESTION. THANK YOU VERY MUCH. SORRY. I JUST WANTED TO, FOR THE BOARD MEMBERS TO KNOW THE DIFFERENCE OF IT. OKAY. OKAY. OKAY. AND, UH, AND, AND I APPLAUD YOU ON BEFORE A LOT. THANK YOU. THANK YOU. MR. BECKMAN. UH, MY QUESTION'S ACTUALLY FOR STAFF. IF, UM, THE PRIOR CARPORTS, WHICH ACCORDING TO GOOGLE MAPS, IT APPEARS IT WAS NOT THERE IN FEBRUARY OF 2015, BUT IT IS THERE IN APRIL OF 2016. WAS THAT CARPORT PERMITTED? DO YOU HAVE INFORMATION THAT FAR BACK? GIMME ONE SECOND. OKAY. JUST CHECK THE OLD SYSTEM, WHICH STATED FROM 2003 TO 2021, I BELIEVE, AND THERE WAS ONLY A SWIMMING POOL PERMIT EVER OBTAINED. OKAY. SO THAT, THAT, THAT PREVIOUS CARPORT WAS NOT PERMITTED EITHER. BUT THE N C D WENT INTO EFFECT IN 2009. THAT'S CORRECT. SO THIS CAME, THIS CARPORT, THE ORIGINAL CARPORT WAS PULLED AFTER THE N C D GUIDELINES? YES, PER GOOGLE, BUT WE DON'T HAVE A CARPORT PERMIT ON FILE. OKAY. THANK YOU. OKAY. ARE THERE ANY OTHER QUESTIONS, UH, FOR THE, FOR THE CITIZEN TO SPEAK? HEARING NONE, UH, YOU MAY TAKE A SEAT. THANK YOU. AND I, I'M GONNA GO AHEAD AND ALLOW YOU TO TALK IF YOU'D LIKE TO, SIR, I KNOW YOU SEATED YOUR TIME, BUT, UM, REAL QUICK, THERE IS ONE MORE SPEAKER SIGNED UP. UH, MILTON, UH, Z I CAN TAKE MY TIME. HE SEATED HIS TIME TO ME. OKAY. ALRIGHT, DISREGARD. THANK YOU. IT WAS SUCH A SHORT, UH, SECESSION TIME. I JUST, IN CASE YOU WANTED IN. ALL RIGHT, SO IF WE HAVE ANY, UH, COMMISSIONER QUESTIONS FOR THE APPLICANT? UH, I I HAVE A QUESTION IF YOU CAN COME BACK UP PLEASE. OKAY. SO I SHOW THAT YOU, THIS HOUSE THAT THE DEEDED WAS RECORDED IN SEPTEMBER OF 2015. YES, SIR. DID YOU BUILD THAT CARPORT? THE, THE ORIGINAL CAR, THE ORIGINAL CARPORT? I DID NOT, NO SIR. WHEN YOU PURCHASED THE HOUSE, IT WAS STAMPED, IT WAS EXISTING, YES, SIR. OKAY. SO SOMETIME BETWEEN FEBRUARY OF 2015 WHERE IT DOESN'T APPEAR ON GOOGLE STREET VIEW AND, AND, AND APRIL OF 2016 IT SHOWED UP. SO, SO PERHAPS THE PERSON YOU PURCHASED IT FROM BUILT IT AND THEN SOLD IT TO YOU, THEN SOLD IT TO US. OKAY. AND IF I COULD ALSO, IF I COULD ALSO, I'M SORRY. OH, GO AHEAD, AHEAD. MORE QUESTION. SO THERE'S THREE THINGS BEFORE TODAY AND, AND I JUST WANTED TO ADD, I WANT YOU TO SAY HERE, BUT STAFF, WE DIDN'T, WE HEARD TESTIMONY FROM ONE OF THE CITIZENS THAT THIS WAS BUILT REALLY CLOSE TO THE PROPERTY LINE AND IT'S DRAINING WATER ON THE NEIGHBOR'S PROPERTY. IS THERE A SIDE SETBACK ISSUE WITH THIS? OR IS IT FIVE FEET AWAY FROM THE SIDE? WE DID NOT OBSERVE THE, UH, A SIDE SETBACK ISSUE. UM, I BELIEVE THEY HAVE ACCURATE ROOM. OKAY. SO THERE'S THREE THINGS THAT WE'RE GONNA BE DELIBERATING ON. YES, SIR. AND, UH, THE PITCH ROOF, THE PREVIOUS CARPORT HAD AN EXTREMELY SLIGHT PITCH ROOF. THIS CARPORT HAS NOT A VERY HIGH PITCH ROOF I'S PRETTY SHALLOW IN MY OPINION. BUT, UH, YOU KNOW, THIS, THIS COMMISSION DOES HAVE THE ABILITY TO, AND I [02:05:01] JUST WANTED TO VERIFY THIS WITH STAFF. IF WE WANTED TO APPROVE THE PITCH ROOF, CAN WE SET A LIMIT ON THE ANGLE OF PITCH? UH, I BELIEVE SO. IT'S, YOU CAN'T, THE REASON WHY I ASK IS, UH, YOU KNOW, THE PREVIOUS CARPORT HAD A VERY SLIGHT PITCH. THIS ONE ALSO HAS A RELATIVELY SLIGHT PITCH. BUT, UM, YOU KNOW, IT'S, THERE'S A DIFFERENCE BETWEEN, UM, YOU KNOW, LIKE A, A A TWO OR THREE TO 12 AND A ONE TO 12, YOU KNOW, AND I JUST WANTED TO KNOW IF, IF WE HAD THAT ABILITY. BUT AS FAR AS IT EXTENDING TOWARDS THE STREET, YOU, YOU EXTENDED IT FOR THE TREE ROOTS AND YOU EXTENDED IT BECAUSE YOU HAVE A NUMBER OF CARS THAT YOU'RE TRYING TO COMPLETELY COVER? WELL, I DON'T OWN SIX CARS, SO , UM, YEAH, IT'S, I MEAN, I'VE NEVER OWNED SIX CARS. OKAY. HOW MANY CARS DO YOU I HAVE, I HAVE FOUR. AND THEN OCCASIONALLY A BOYFRIEND OR SOMETHING WILL COME OVER, BUT THEY DON'T PARK UNDERNEATH OUR OKAY. THERE'S FOUR CARS THAT ARE TITLED TO ME. OKAY. AND THEN THIRD, WE HAVE THE HEIGHT. MM-HMM. . SO WHEN YOU PARK YOUR, YOUR, THE RAY TRUCK UNDER THERE, IS IT THIS, THE, THE LEAST AMOUNT OF HEIGHT THAT YOU HAVE TO ACCOMMODATE THE TRUCK? YES, SIR. YES, SIR. THERE IT IS. YES, SIR. OKAY. WELL THAT'S, THAT'S MY LINE OF QUESTIONS. UM, CHAMAN CHAKA, UH, THE ROOF APPEARS TO BE ALMOST LIKE A THREE ON 12, SOMETHING LIKE THAT. WELL, I'M, I'M BRINGING UP THE ROOF, UH, MOSTLY FOR LATER. BUT IF, WHEN YOU GO DOWN THE STREET, YOU'LL NOTICE A LOT OF THE HOMES ARE THE ROOFS. THIS IS ONE OF THE FEW HOMES. THIS IS IN THE MINORITY WHERE THE GABLES ARE FACING THE STREET. AND THIS, AND THE, THE SLIGHT PITCH ON THIS CARPORT DOES MATCH THE LOOK OF THAT HOUSE. THAT DOESN'T HAPPEN ON THE NEIGHBORING HOMES, WHERE YOU SEE A CONSTANT SLIDE IN WHERE A FLAT ROOF WOULD BE MORE APPROPRIATE. BUT WITH THIS, I MEAN, IT, IT, THE FIRST THING THAT WHEN I, FIRST TIME I SAW THIS PICTURE, I THOUGHT, WELL, THAT MATCHES THE LOOK OF A HOUSE. AND THAT DOESN'T HAPPEN ON THE NEIGHBORS. I MEAN, YOU CAN GO TO THE NEIGHBOR'S HOUSE AND, AND THIS IS ONE HAS, IT JUST HAS MORE OF A, OF A, OF A FRONT LOOKING GABLE PRESENCE THAN THE REST OF THE HOMES IN THE NEIGHBORHOOD. SO I JUST WANTED TO POINT THAT OUT, THAT THE PITCH OF IT DOES MATCH THE ROOF. IT JUST, I JUST WANTED TO BRING THAT UP. COULD I? OKAY. MANNA, WHEN YOU GET A CHANCE, COMMISSIONER MANNA. SO YOU, I GUESS I DO HAVE A QUESTION WITH REGARDS TO THE, UM, UM, HOW CLOSE IT IS TO THE SIDE PROPERTY LINE. 'CAUSE IF I FOLLOW THE CONCRETE, GOING ALL THE WAY BACK TO THE BACK FENCE, IT LOOKS LIKE THE BACK PA THE PATH ALONG THE SIDE FOR THAT CONCRETE, UH, SKIRTS ALONG THE SIDE OF, UH, TO YOUR FENCE LINE. IS THAT CORRECT? SO, GOING DOWN THE SIDE OF THE HOUSE, IF I GO DOWN THE CURRENT PICTURE, SO, SO DO YOU RUN A SIDEWALK OR, OR CONCRETE, ALL THE WAY FROM THE FRONT OF THE HOUSE ALONG YOUR PROPERTY LINE TO THE BACK FENCE TO THE, TO THE SIDE OF THE HOUSE? TO THE BACKYARD. TO THE BACKYARD. AND SO YOUR POSTS ARE RIGHT ON THAT LINE AS WELL. AND SO TO ME, THAT SAYS YOU'RE BUILT RIGHT ON THAT PROPERTY LINE. IS THAT, YOU KNOW, SO IT LOOKS HERE ON THIS PICTURE THAT YOU BUILT, IT SURE DOES. THE PROPERTY LINE. IT DOES. AND YEAH, I TOTALLY AGREE WITH YOU. DID YOU HAVE A SURVEY? OH, I THINK WE DID HAVE, I THINK WE TURNED IN A SURVEY. OKAY. 'CAUSE I MEAN, I, AS A, AS MY, UH, COLLEAGUE GETS MENTIONED FROM LOOKING AT THE PICTURES, YOU, IT'S OBVIOUS THAT THIS THING IS ENCROACHING INTO THE FIVE FOOT SIDE SETBACK. I MEAN, IT SURE. IT LOOKS AND UNDO. SO TO ME, AND ALMOST LOOKS LIKE THE, THE ROOF EXTENDS OVER THE PROPERTY LINE ALMOST. AND THAT, AND THAT IS OF, THAT IS, UH, IS OF CONCERN. AND I, I'M WONDERING IF WE NEED TO, UH, REVISIT THIS AND SEE IF THAT SHOULD BE ADDED TO THIS APPLICATION. SO, UM, IF YOU, IF, UH, I, YEAH, WHENEVER YOU GET A CHANCE, I JUST GOT SOMETHING ELSE. YEAH, WE'RE, WE'RE LOOKING AT, UH, POTENTIALLY PURSUING A CONTINUANCE JUST TO MAKE SURE THAT THAT IS INCLUDED IN THIS BECAUSE IT, BECAUSE WE, IF IT'S NOT ON THE AGENDA, WE CAN'T DELIBERATE OR VOTE ON IT TODAY. SO DOES ANY COMMISSIONER LIKE TO, UH, CHIME IN? I THINK THE CONTRACTOR HAD, DO YOU HAVE A, A SURVEY, SIR? INFORMATION HE'D LIKE TO PROVIDE TO THE BOARD SURVEY, SIR, BUT THE, THE SOFFIT ON THAT ROOF LINE SITS, SITS FIVE INCHES OVER THAT CONCRETE LINE. UH, SIR, YOU NEED TO TALK INTO THE MIC, PLEASE. WELL, THE, THE ISSUE IS WHETHER THE PROPERTY LINE, THE EN THE ENTIRE STRUCTURE MM-HMM. , THE OVERHANG POSTS THERE, IF THEY ARE WITHIN FIVE FEET OF THE SIDE PROPERTY LINE THERE, THERE'S, THERE'S ANOTHER VARIANCE THAT HAS TO BE ATTAINED. OKAY. AND SO ARE YOU SAYING THAT IT IS IN FACT IT, IT, IT'S, IT'S ON HIS PROPERTY, BUT IS IT WITHIN FIVE FEET OF THE SITE? IT'S, IT'S IN HIS FASCIA AND HIS, HIS FASCIA LINES UP RIGHT INSIDE OF IT, OF HIS FENCE LINE. IF YOU LOOK AT IT VERY WELL, YES. BUT IS IT FIVE FEET AWAY FROM THE NEIGHBOR PROPERTY FROM THE PROPERTY LINE? NO. NO. OKAY. SO THEN THERE IS ANOTHER VARIANCE THAT HAS TO BE PURSUED FOR THIS. UM, IS THERE AN OPEN DATE THAT WE CAN CONTINUE THIS TO BEFORE WE CAN? DO YOU HAVE A, DO YOU HAVE YOUR TITLE SERVICE FROM WHEN YOU PURCHASE THE HOME SOMEWHERE? I SURE DO. AND I THINK, LIKE [02:10:01] I SAID, I THINK THAT WAS TURNED IN. OKAY. AND IF I COULD, I ALSO, AS BILL'S SURVEY SHOULD SHOW THE EXISTING STRUCTURE ON THE PROPERTY THAT WAS THERE PRIOR TO YOUR PURCHASING OF, SO YES. SERVE OTHER PURPOSES AS WELL. WHEN'S THE NEXT AVAILABLE DATE THAT WE CAN HEAR THIS? THE JANUARY 9TH OR JANUARY 23RD. OKAY. UM, SO WHAT WE'RE, WE'RE LOOKING INTO A CONTINUING LIST SO WE CAN WORK OUT THE SIDE PROPERTY ISSUE. 'CAUSE THE STAFF WOULD NEED TO RE ADVERTISE AND MAKE SURE IT'S ON THE AGENDA. OKAY. COULD I PUT ON THE RECORD? I GUESS JUST THAT I WANTED TO REFERENCE, I GUESS A B O A NUMBER WITH PRETTY MUCH A SIMILAR REQUEST THAT YOU GUYS HAVE APPROVED AT ONE POINT. I I THINK THAT, UH, WHEN WE HEAR THIS, AGAIN, IT MIGHT BE TO YOUR BENEFIT TO EVEN GET PICTURES OF IT. GOTCHA. OKAY. SO IS THERE ANYONE I'D LIKE TO MAKE A MOTION TO EITHER THE NINTH COMMISSIONER MANNA? UM, YES. I, I WOULD LIKE TO, UH, MOVE TO, UH, UM, CONTINUE THIS CASE TO JANUARY 23RD. UH, CASE NUMBER 1 0 3 0 0 0 5 5. CAN I ASK HOW MANY CASES ARE ARE UP? YEAH, WHERE ARE WE AT ON THE 23RD ALREADY? UM, SO WE WOULD PREFER THE 23RD. 'CAUSE JANUARY 9TH IS PRETTY FULL. I'LL SECOND THAT MOTION. UM, SO IS THE 23RD ENOUGH TIME FOR YOU TO GATHER ALL THE EVIDENCE YOU NEED? YEAH, I THINK SO. MR. CHAIR? YES. THE ONLY THING IS, UH, HE SAID, UH, 0 5 5. I THOUGHT IT WAS 2 33. YES, WE ARE IN CASE ENDING IN 2 33. OH, APOLOGIZE. 2 33. APOLOGIZE. OKAY. I DO WANNA MAKE SURE. THANK YOU. THANK YOU FOR, UH, KEEPING ME HONEST. SO LET'S HAVE A ROLL CALL. VOTE PLEASE. MR. MANNA? UH, YES. CHAIR ORIAN? YES. MR. SPIELMAN? YES. MR. MANCHACA? YES. MR. VASQUEZ? YES. MS. CRUZ? YES. MS. BRAGMAN? YES. MS. KAPLAN? YES. YES. MS. LIND? YES. MR. ZUNIGA? YES. AND MR. UNA? YES. ALL RIGHT. MOTION PASSES UNANIMOUSLY. SO, UM, MR. RODRIGUEZ, WHEN YOU COME BACK, UH, WE'RE LOOKING TO HEAR, YOU KNOW, ABOUT SIMILAR ITEMS IN YOUR NEIGHBORHOOD. WE'RE LOOKING TO HEAR ABOUT THE SIDE SETBACK ISSUE. PLEASE GET WITH STAFF AND THE MORE COMPLETE IT IS, THE BETTER. THANK YOU. YEAH, WE'RE GONNA TAKE A BREAK. 10 MINUTES. WE'LL SEE EVERYBODY BACK AT 3 24. 3 24, 3 26. I'M CALLING THE COMMISSION MEETING BACK INTO ORDER ITEM NUMBER EIGHT, LOCATED AT 1 0 8 SPRUCE STREET. UH, REAL QUICK, UH, CHAIR, IF I CAN CALL THAT ONE, UH, PUBLIC SPEAKER FOR THE GENERAL STATEMENT. YES. WE HAVE A, A SPEAKER WHO'D LIKE TO MAKE A GENERAL STATEMENT, AND WE'RE GONNA, UM, CALL THEM UP AT THIS TIME. MS. BIANCA, THANK Y'ALL SO MUCH. I THOUGHT YOU WERE GONNA DO THIS IN THE BEGINNING. UM, MY NAME IS BIANCA MALDONADO, RESIDE AT 4 57 CLUB DRIVE, AND I WAS CALLING TO ASK FOR CONSIDERATION, UH, IF DEVELOPMENT SERVICES WOULD CHANGE THEIR NOTIFICATION PROCEDURES FOR BOARD OF ADJUSTMENT, SPECIFICALLY THE DEADLINE, BECAUSE THE AGENDA COMES OUT AT FRIDAY AT ONE O'CLOCK, AND YOUR HEARING IS ON MONDAY AT ONE O'CLOCK. WHEN YOU SEE THAT STAFF RECOMMENDATION FOR THE FIRST TIME, IT DOES NOT GIVE YOU AMPLE TIME TO ENGAGE WITH STAFF. I KNOW IT'S MEETING THE MINIMUM, THE MINIMUM NOTIFICATION REQUIREMENT. UM, HOWEVER, IT DOESN'T, UM, ENCOURAGE, UH, PROPER DIALOGUE AND UNDERSTANDING OF A STAFF RECOMMENDATION BECAUSE THAT'S THE FIRST TIME THE PUBLIC WILL SEE A STAFF RECOMMENDATION. AT THAT TIME, IT'S ONLY ASKED FOR CONSIDERATION THAT YOU POTENTIALLY BUILD IN A FULL DAY OF PUBLIC NOTIFICATION. UH, BECAUSE IN MY CASE, YOU KNOW, SOMEBODY MAY BE SICK, SOMEBODY MAY NOT RESPOND IN A PROPER TIME WITHIN THAT TIMEFRAME. AND SO I JUST ASKED IF YOU COULD, THAT COULD BE PUSHED BACK A DAY. I JUST THOUGHT I'D COME UP AND PUBLICLY COMMENT ABOUT THAT AS A CONCERN. THANK YOU. SURE. AND, AND I'M GONNA GO AHEAD AND JUST, UH, YOU KNOW, JUST KIND OF LET YOU KNOW WHAT MY THOUGHT IS ON THAT. UM, I HAVE ALWAYS BEEN TOLD THAT WE ARE COMPLETELY INDEPENDENT. WE'RE NOT SUPPOSED TO TALK TO, TO STAFF APPLICANTS. WE CAN ASK QUESTIONS OF STAFF, BUT WE CAN'T TALK TO EACH OTHER. IT'S NOT LIKE THE PLANNING COMMISSION WHERE YOU COULD TALK TO APPLICATION APPLICANTS AND ACTUALLY, YOU KNOW, DISCUSS EVERYTHING YOU WANT. WE'RE, WE'RE REALLY SUPPOSED TO BE HEARING THE STUFF COLD TURKEY, KIND OF, YOU KNOW, AND SO IT'S, THAT'S KIND OF IN LINE WITH THAT. I KNOW SOMETIMES I DO GO THROUGH THE AGENDA AND I MIGHT MIGHT ASK STAFF A TECHNICAL QUESTION MM-HMM. , BUT MOST OF THE TIME I TRY TO KEEP IT, UH, UNDER THAT GUISE WHERE WE'RE HEARING IT FOR THE FIRST TIME. AND, AND IT'S REALLY UP TO THE APPLICANT AND STAFF TO, TO LET US KNOW ALL THE PREMISE, ALL THE DIFFERENT ISSUES WITH THEIR CASE. UH, ALTHOUGH I THINK THAT WOULD BE MORE HELPFUL WITH THE PLANNING OR ZONING COMMISSION. I DON'T KNOW IF THAT'S AS, AS IMPORTANT TO US. AM I, IS THAT CORRECT? UH, I'M LOOKING TO OUR ATTORNEY THAT WE ARE SUPPOSED TO BE COMPLETELY INDEPENDENT AND HEARING STUCK PRETTY COLD TURKEY B YES, BECAUSE [02:15:01] THE BOA IS A QUASI-JUDICIAL HEARING. UM, EVERYTHING THAT THE DELIBERATION IS SUPPOSED TO BE, EVERYTHING THAT'S PRESENTED HERE WITHIN THE, UH, YOU KNOW, THE, THE MEETING. SO MY COMMENTS ARE PERTAINING TO STAFF'S RECOMMENDATION. AND I DIDN'T KNOW YOU WOULD RESPOND TO ME EITHER. IT'S OKAY BECAUSE IT WASN'T A NOTICE ITEM ON THE, BUT I APPRECIATE IT. IT'S JUST REALLY FOR THE PUBLIC TO UNDERSTAND WHAT A STAFF RECOMMENDATION IS. IF YOU HAVE SUCH A SHORT TIME, THEN THERE'S NOT PROPER TIME TO ALLOW A RETURN QUESTION. SO SOMETIMES YOU HAVE TO COME HERE AND FIND SOMEONE IN PERSON AND THEN YOU STILL DON'T HAVE AN ANSWER BEFORE YOU COME UP TO THE PODIUM. I MEAN, SOMETIMES IT WOULD BE NICE TO SEE SOME OF THE, UH, UM, NEIGHBORHOOD ASSOCIATION DOCUMENTATION OR PERHAPS ANY SPECIFIC CONCERNS FROM RESIDENTS AS PART OF THE PACKAGE SO WE CAN BE BETTER PREPARED. BUT, YOU KNOW, WE, WE HEAR EVERYTHING AS THESE MEETINGS GET PRETTY LONG MANNA MR. MANNA. SO ALSO, I THINK ONE OF THE THINGS THAT I HAVE REQUESTED FROM THE CITY IS, UH, ONE IT IS THAT THE PUBLICATIONS APPEAR IN THE PAPER THAT THE SAME TIME THOSE PUB, THE NOTICES GET PUBLISHED ON THE CITY WEBSITES. SO, 'CAUSE I DON'T GET THE PAPER AND THAT'S WHERE I GO TO, TO, TO REALLY SEE THESE THINGS. AND THAT'S TRUE FOR REALLY ALL OF THE BOARDS AND COMMISSIONERS. AND SO I THINK THAT WOULD BE BENEFICIAL TO THE COMMUNITY AS WELL, JUST TO MAKE, YOU KNOW, TO BE REAL, YOU KNOW, TRANSPARENT WITH REGARDS TO ALL THE CASES. AND, AND ON THAT, I REMEMBER YEARS AGO, UH, WE USED TO GET THE ARTICLE EMAIL TO US AND SOMETIMES IT WOULD BE, YOU KNOW, A LITTLE DIFFERENT, UH, IN THE AGENDA, BUT THAT WAY YOU COULD BE PREPARED FOR DOING RESEARCH IF YOU HAD ANY RECUSALS. I DUNNO IF YOU REMEMBER THAT COMMISSIONER MAN OR COMMISSIONER CRUZ, YOU'VE BEEN ON THIS BOARD FOR A, A WHILE. UH, I DUNNO IF YOU RECALL GETTING THE, THE ADVERTISEMENT. UH, YES SIR. BUT THAT WAS, IT'S BEEN ABOUT 15 YEARS SINCE THEN. YEAH, IT'S BEEN A LONG TIME. . OKAY. THANK YOU VERY MUCH. UM, ITEM NUMBER EIGHT, BO A 2 2 1 0 3 0 0 2 4 4. ADDRESS BEING 1 0 8 SPRUCE STREET COUNCIL, DISTRICT TWO, APPLICANT BEING JOSE RAMOS OR JOSE RAMON CAMPOS. A REQUEST FOR A TWO FOOT NINE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE TWO FOOT THREE INCHES FROM THE SIDE PROPERTY LINE. AND THE CURRENT ZONING IS R M FOUR. THE SUBJECT PROPERTY IS LOCATED ALONG SPRUCE STREET, NEAR SOUTH HACKBERRY STREET, AND IT'S CURRENTLY A DUPLEX. THE APPLICANT HALTED CONSTRUCTION FOR A SIDE SETBACK VARIANCE, WHICH MEASURED AT TWO FOOT THREE INCHES FROM THE SIDE PROPERTY LINE. UPON SIDE VISIT. STAFF OBSERVED THAT THERE IS CURRENTLY A VACANT LOT ABUTTING THE SUBJECT PROPERTY FOR WHICH THE SIDE SETBACK VARIANCE IS REQUESTED FOR. AND HERE IS THE SITE PLAN, THE SUBJECT PROPERTY, THE SIDE SETBACK MEASUREMENT, AND THEN THIS IS AN ALTERNATE VIEW OF THE SITE SETBACK. AND THEN THE SURROUNDING AREAS STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING FINDINGS OF FACT THAT THE STRUCTURE IS CURRENTLY TWO FOOT THREE INCHES FROM THE SIDE PROPERTY. LINE. TWO, THE SIZE OF THE LAW IS SMALL, WHICH PROHIBITS THE STRUCTURE TO BE ADEQUATELY CONSTRUCTED TO THE SIDE. AND LASTLY, THREE, THE, THE NEIGHBORING PROPERTY IS NOT ESTABLISHED AND IS CURRENTLY VACANT. AND THIS IS THE NOTIFICATION PLAN. WE MAILED OUT 38 NOTICES. WE GOT TWO IN FAVOR, ZERO IN OPPOSITION, AND THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION IS OPPOSED TO THE REQUEST. AND THEN THIS IS THE, UH, LETTER FROM DENVER HEIGHTS EXPRESSING THEIR, UM, OPPOSITION. AND THIS CONCLUDES STAFF PRESENTATION AND THE APPLICANT IS PRESENT. THANK YOU. IF THE APPLICANT CAN PLEASE COME FORWARD. I, HI, HOW ARE YOU? GOOD AFTERNOON. UH, MY NAME IS JOSE RAMON CAMPOS, UM, ON, UH, 1 0 8, UH, SPORTS STREET. AND, UM, I, UM, ACQUIRED THIS PROPERTY BACK ON, UH, ACTUALLY FEBRUARY, 2020. UH, JUST WHEN, UH, THE COVID HIT AND ALL THAT, I CAME AND, UH, REQUESTED PERMITS. UH, ORIGINALLY THE PROPERTY, UH, THE ORIGINAL STRUCTURE, AS YOU HEARD, WAS ALREADY, UH, DUPLEX. SO I OBTAINED, UH, REMODELING PERMIT FOR THE, UH, ORIGINAL STRUCTURE AND ADDITION. WE ADDED, UH, ROUGHLY LIKE 14 FOOT TO THE BACK OF THE PROPERTY. OKAY. SO I HAD, UH, UH, REMODELATION ON THE EXISTING AND AN, UM, ADDITION TO THE BACK, UH, I, [02:20:01] EXCUSE ME, WHEN I REQUESTED THE PERMITS AND ALL THAT, I WENT WITH THE, I GUESS THE SON IN DEPARTMENT AT THE VERY END OF THE HALLWAY. AND I TALKED TO A LADY THERE, AND I EXPLAINED TO HER WHAT I WAS DOING, AND I WAS ADDING AN, UH, TO THE PROPERTY AND THIS, UH, SET LINES AND SO ON AND SO FORTH. SHE, UH, WAS VERY KIND TO CHECK, I GUESS ON THE, UH, REQUIREMENTS OR WHATEVER SHE TOLD ME THAT, UH, THE PROPERTY WAS, UM, UM, SO IN FOR, UH, UP TO FOUR, UM, UH, RESIDENTIAL PROPERTIES, AND THAT, AS LONG AS I HAD MORE THAN TWO FOOT ON THE, ON THE SIDES, I SHOULD BE FINE. NOW, OF COURSE, ALL THIS WAS CONVERSATIONAL. I DIDN'T GET ANYTHING IN, IN WRITING OR, OR ANYTHING. AND THAT WAS THE END OF IT. AGAIN, I GOT THE PERMITS AND ALL THAT. UH, WE STARTED THE REMODELATION, THEN AGAIN, COVID HITS AND EVERYTHING, UH, HALTED AND SO ON, SO FORTH. THEN IT TOOK SOME TIME, THE PROPERTY SITTING THERE. UH, FINALLY WE RESTARTED THE REMODELING AND THE ADDITION, THE FOUNDATION WAS COMPLETELY REDONE. BRAND NEW FOUNDATION PERMITS EVERYTHING. IT'S ACCORDING TO THE, THE REQUIREMENTS. UH, AGAIN, THE ORIGINAL STRUCTURE IS SIT ON, ON THE SAME PLACE THAT IT WAS BEFORE. THE ONLY THING THAT I ADDED WAS THE, THE, THE BACK 14 FOOT. UH, ANYWAY, UM, UH, THE, THE REMODELING WAS DONE. THE CONTRACTORS CAME IN, UH, ELECTRICITY, PLUMBING, UH, AC AGAIN, EVERYTHING HAS BEEN PERMITTED ON ALL THAT I PAID FOR PERMITS, CONTRACTOR, AND SO ON AND SO FORTH. THEN, UM, I HAD AN ISSUE. I RECEIVED, UH, LETTERS FROM THE CODE COMPLIANCE OR WHATEVER THAT, UM, APPARENT, WELL, NOT APPARENTLY, THE, THE AC CONTRACTOR, UH, EVEN THOUGH IT WAS, IT'S A COMPANY, IT WAS PAID AND PERMITS PAID AND SO ON, SO FORTH. THEY FORGOT TO CAME AND PULL THE PERMITS. SO YOUR, UM, STRIKE TEAM OR WHATEVER WENT INTO THE PROPERTY. AND THEN I, UH, WAS SUED. I WENT TO THE COURT, UH, BECAUSE THE, THE, THE AC WAS NOT PERMITTED. THEN AT THAT POINT, THE CITY CONTACTED ME THAT, UH, NOW I NEEDED TO DO IT AS A NEW CONSTRUCTION INSTEAD OF, UH, REMODELING AND AN ADDITION. SO AT THAT POINT, I HIRED AN ARCHITECT AND AN ENGINEER, WHICH I HAVE ALL THE BLUEPRINTS HERE. EVERYTHING HAS BEEN SUBMITTED. SO I STARTED WORKING ON, ON THIS NEW REQUIREMENT, UH, I'M GONNA SAY PROBABLY AUGUST, UH, 2021, THE, THE ENGINEERS BLUEPRINT, OUR DATED OCTOBER, 2021, UH, SUBMITTED EVERYTHING. AND SINCE THEN, I'VE BEEN BACK AND FORTH WITH THE CITY TRYING TO GET NOW THE NEW PERMIT, AND NOW THE, UH, BECAUSE OF THAT ISSUE OF THE LACK OF THE, THE, THE, THE LICENSE, NOW THEY'RE ASKING ME TO, TO DO IT AS A NEW CONSTRUCTION INSTEAD OF WHAT I HAD BEFORE. SO AGAIN, UM, PART OF THE, THE, THE ENGINEER LOOKED AT ALL THESE, I DO DO HAVE ALL THE PLANS. I SUBMITTED EVERYTHING TO THE CITY. UM, THE A ACCORDING TO THE ENGINEER, THE REQUIREMENTS FOR THE, I GUESS THE VARIANCE THING, BECAUSE I HAVE LESS THAN FIVE FOOT, EVEN THOUGH THE STRUCTURE WAS THERE FROM THE BEGINNING, UM, THE REQUIREMENT IS THAT, UH, ON THAT SIDE, FOR FIRE HAZARD ISSUE, I CANNOT HAVE MORE THAN 20% OPENINGS. OKAY? SO, AGAIN, I COMPLIED WITH ALL THAT. THE ENGINEER HAS GONE SEVERAL TIMES TO THE PROPERTY AND SO ON AND SO FORTH. THE, THE CITY HAS THIS, I ONLY HAVE 16%, AND MOSTLY EVERYTHING IS EXIST. WHAT, WHAT WAS THERE BEFORE? ON THE ADDITION, WHICH IS THIS BACK PART, I HAVE NO, EVEN THOUGH IT'S A MASTER BEDROOM ON THE, ON THE BOTTOM AND THE, THE BEDROOM ON THE TOP, I HAVE NO WINDOWS. OKAY. UH, I'M, I'M GOING TO JUST KIND OF PAUSE YOU FOR A SECOND. OKAY. SO THE, THE SPECIFICS OF, OF WHY YOUR BUILDING COULD BE CLOSE TO THE PROPERTY LINE REGARDING THE FIRE CODE IS NOT WHAT WE'RE HERE FOR TODAY. WE'RE SOLELY HERE. BECAUSE WHEN YOUR BUILDING IS LESS THAN FIVE FEET, THEN IT'S AN ISSUE REGARDLESS OF THE TYPE OF CONSTRUCTION. AND SO, CORRECT. WE'RE, WE'RE, BUT YOU, YOU'RE SAYING THAT THE, DID YOU REUSE YOUR FOUNDATION? DID I WHAT? DID YOU REUSE THE FOUNDATION? THE, YES. THE, THE EXISTING NOW, UH, ALL THE POSTS AND ALL THAT ARE NEW, BUT EVERYTHING WAS ON, BUT THE FOUNDATION IS THE SAME, THE EXISTING FOUNDATION. SO FOR STAFF, UM, WHEN, WHEN YOU HAVE AN, UH, AN EXISTING HOME AND YOU'RE, YOU'RE DOING AN ADDITION THAT'S IN LINE WITH THE EXISTING HOME, AT WHAT POINT, UH, DOES IT, IS IT MORE THAN 50% OF THE COST IS WHERE IT COMES IN AS NEW CONSTRUCTION? OR IS IT, UH, SOME SOMETHING ELSE THAT TRIGGERS THAT? SO IF YOU'RE TALKING ABOUT INLINE ADDITION, UM, AS IF THEY HAVE THREE FEET OR LESS, THEY CAN DO AN INLINE ADDITION, NO ISSUE. UM, IF YOU'RE TALKING ABOUT A PERMIT, I BELIEVE, UM, SINCE HE'S DOING OVER 50%, UM, [02:25:01] THE PERMIT COUNTER IS MA IS SEEING, IS CLASSIFYING THIS AS A NEW CONSTRUCTION. OKAY. SO WHAT'S WE'RE HEARING, YOU'RE HERE, YOU'RE TELLING US A LOT OF, UH, THE SPECIFICS MM-HMM. , BUT WHAT HAPPENS IS BECAUSE YOU HAVE, UH, YOU DON'T HAVE AT LEAST THREE FEET, UH, IF YOU WERE DOING AN INLINE, THE THREE FEET WOULD BE OKAY, UNLESS YOU'RE SPENDING MORE THAN 50% OF THE APPRAISED VALUE OF THE STRUCTURE, WHICH YOU APPARENTLY YOU ARE. AND SO THEREFORE, IT, IT COMES INTO BEING WHAT'S CONSIDERED NEW CONSTRUCTION. AND THEN YOU'RE BEFORE US. UH, ABOUT THE, ABOUT THE, THIS FIVE FOOT ISSUE, UM, IS THERE, IS THERE ANYTHING AS FAR AS, UM, YOU WOULD LIKE TO BRING UP ABOUT WHAT YOUR HARDSHIP IS OR ANY COMMUNICATION YOU'VE PERHAPS HAVE HAD WITH NEIGHBORS? YEAH, AGAIN, ALREADY THE, AS YOU SAW THE PICTURES, THE STRUCTURE IS ALREADY THERE. AND AGAIN, WHEN I DID ALL THIS, I CAME AND CHECKED AND, AND IT WAS PERMITTED. UH, THEN AGAIN, IT CHANGED. AND NOW THEY'RE SAYING THAT IT'S, THEY ARE NOW SEEING IT AS A NEW CONSTRUCTION, WHICH AGAIN, I'M, I, I SPENT THOUSANDS OF DOLLARS ON ENGINEERS, ARCHITECTS, AND SO TRYING TO COMPLY WITH EVERYTHING. UH, AND AGAIN, UM, THE, THE, THE ORIGINAL STRUCTURE WAS ALREADY THERE. THE ONLY THING THAT I ADDED IS THE BACK 14 FOOT. AND AGAIN, I CAME AND CHECKED BEFORE DOING THAT, AND I WAS TOLD THAT AS LONG AS WAS, UH, I GUESS GOING WITH THE SAME LINE AND I HAVE MORE THAN TWO FOOT, THAT WILL BE OKAY. NOW, BESIDES THAT, UM, ALL THAT WALL IS ENGINEERED, FIREPROOF. THEY ALREADY HAVE ALL THAT, EVERYTHING HAS BEEN APPROVED. OKAY. AGAIN, I HAVE EVERYTHING HERE FROM THE ENGINEER, SO I'M, I'M GOING COMPLIANT WITH EVERYTHING, RIGHT? IT IS JUST THAT IF WE WERE TO APPROVE THIS TODAY, STAFF WOULD MAKE SURE THAT THAT WAS IN COMPLIANCE. SO WE'RE NOT, THAT'S WHAT I'M TRYING TO DO. I'M NOT TRYING TO, IT'S VERY NICE TO KNOW, BUT IT'S NOT, IT'S NOT UNDER THE PURVIEW OF THIS COMMISSION. UM, I'M GONNA GO AHEAD AND OPEN THIS UP TO QUESTIONS AT THIS TIME TO THE COMMISSION. MANA COMMISSIONER, UH, KAPLAN AND FIRST, AND THEN MANNA. YEAH. UH, THIS IS FOR STAFF. UM, DID WE SEE A LETTER FROM THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION? WAS THAT, THANK YOU. THEY'RE PULLING IT UP RIGHT NOW. DO WE KNOW WHY IT SAYS THEY'RE VOTED TO OPPOSE THE, UM, TO OPPOSE THIS. WHY DID THEY, DO WE KNOW ANYTHING ABOUT THAT? THEY DID NOT GIVE A REASON. COMMISSIONER MANON. SO ONE, SO ONE THING, YOU KNOW, SO TWO, TWO THINGS CHANGED WITH THIS, UH, IMPROVEMENT THAT YOU'RE DONE AS PROPERTY THAT I SEE IS ONE THAT YOU WENT TO TWO STORY HEIGHT. UM, SO THE, THE, THE, THE PROPERTY WAS ALREADY TWO STORY, SIR. UM, OKAY. SO THE PICTURE I HAVE FROM PREVIOUSLY DID NOT SHOW IT AS TWO STORY. SO MAYBE I'M LOOKING AT THE WRONG PICTURE. UM, BUT, UH, THE ROOF LINE CHANGED AS WELL. SO IT WENT FROM A FRONT TO BACK SLOPE ROOF TO A SIDE TO SIDE SLOPE ROOF. CORRECT. SO, SO ONE OF THE THINGS, I'M SORRY THAT, THAT WAS TO ACCOMMODATE THE ADDITION BECAUSE ORIGINALLY THE, THE, THE ROOF WAS FRONT AND BACK. SO TO ACCOMMODATE THE ADDITION, I HAD TO CHANGE THE PITCH. SO YES, BUT THE, THE, THE PROPERTY WAS ALREADY A TWO STORY PROPERTY. SO THE QUESTION FOR STAFF HERE IS THAT THE, UM, THE, THE VARIANCE DIALOGUE THAT WE'RE HAVING HERE IS THAT FROM THE, UH, FACADE, UM, OF THE HOUSE TO THE PROPERTY LINE VERSUS THE OVERHANG, WE'RE HERE STRICTLY BECAUSE OF THE, THE NEW, THE NEW CONSTRUCTION OF THE PROPERTY HAS TO BE WITHIN THE SETBACK. UM, WE DID NOT LOOK AT THE OLD STRUCTURE THAT YOU'RE SEEING, LIKE ON . NO, THE QUESTION I'M HAVING IS, UM, WITH REGARDS TO THE OVERHANG, 'CAUSE, UM, YOU KNOW, ONE OF THE THINGS THAT WE ALWAYS TALK ABOUT IS WATER RUNOFF ONTO ADJACENT PROPERTIES, AND THE ONLY WAY TO MITIGATE THAT WOULD BE TO PUT IN GUTTERS HERE ON THIS HOUSE. AND, AND SO IT, UM, WOULD THAT REQUIRE A DIFFERENT VARIANCE WITH REGARDS TO SIZE TO ALLOW FOR GUTTERS? SO IF HE'S, ALRIGHT, SORRY. UM, SO IF HE IS, UM, IF THAT OVERHANG IS INSIDE OF THAT, UH, TWO FOOT THREE, UM, IT LOOKS LIKE THOSE OVERHANG, IF ANY, UM, ARE WITHIN THOSE SIX INCHES. UM, SO WE ARE ABLE TO PUT AN ADDITIONAL SIX INCHES IF THAT'S THE CASE, BUT ANYTHING FURTHER THAN THAT, IT WOULD HAVE, IT CANNOT BE HEARD. OKAY. COMMISSIONER CRUZ. OKAY. UM, MAYBE, UM, I'M CONFUSED. SO IT WAS A DUPLEX, SO, SO ALL YOU'RE DOING IS KEEPING IT A DUPLEX AND JUST UPGRADING IT. IS THAT CORRECT, SIR? THAT'S CORRECT, MA'AM. STEP, CAN YOU BRING UP THE GOOGLE STREET MAP VIEW FROM OKAY. 10 YEARS AGO. AND, AND DO ME A FAVOR, WOULD YOU MAKE SURE THAT YOUR MICROPHONE IS ON SERVICE? THERE'S PARTS OF YOUR IT, IT, IT IS, AS FAR AS I KNOW, IT IS. ALL RIGHT. THANK YOU. YOU'RE WELCOME, MA'AM. [02:30:08] OKAY. GO BACK TO 2019. TWO AND A HALF. IT LOOKS LIKE A TWO AND A HALF STORY. YEAH, IF YOU, IF YOU TAKE THE VIEW AND GO BACK AND THEN GO TO THE RIGHT. YEAH, I, I, I DUNNO IF YOU'RE ABLE TO SEE ON THIS SIDE, YOU CAN SEE ALSO WINDOWS FOR THE SECOND STORY. YEAH. KEEP GOING TO THE, TO THE RIGHT, TO THE NEXT LOT AND YEAH, ONE MORE TO THE, RIGHT. THERE WE GO. SO IT LOOKS LIKE IT'S TWO AND A HALF STORIES, ONE AND A HALF STORY, OR ONE AND A HALF STORY, SORRY. AND THE ROOF PITCH DOES LOOK DIFFERENT. OKAY. HAS THERE ANYONE SIGNED UP TO SPEAK ON THIS OR ANY PUBLIC COMMENTARY? WE HAVE TWO PEOPLE SIGN UP TO SPEAK. OKAY. SO WHAT WE'RE GONNA DO IS, SIR, WE'RE GONNA HEAR, UM, SOME CITIZENS SIGN UP TO SPEAK AND WE MAY HAVE QUESTIONS, ADDITIONAL QUESTIONS FOR YOU. SURE. LET'S START WITH THE FIRST, UH, PERSON FIRST WE GOT CLAUDIA CARLOS, GOOD AFTERNOON. I'M CLAUDIA CARLOS. UH, MY COMPANY, GRAMERCY PARTNERS, IS THE OWNER OF 1 0 6 SPRUCE, WHICH IS THE ADJACENT PROPERTY. UM, AND OUR, UH, AS YOU SAW CURRENTLY, IT'S NOT DEVELOPED, BUT WE DO HAVE PLANS TO DEVELOP THIS PROPERTY WITHIN THE NEXT 12 MONTHS OR SO. AND OUR, OUR PRIMARY CONCERN IS THAT BEING LESS THAN THREE FEET FROM THE PROPERTY LINE, UH, THE NUMBER OF OPENINGS THAT ARE ON THE NORTH WALL OF THIS STRUCTURE. OKAY. AND I UNDERSTAND THAT THAT'S SOMETHING THAT'S HANDLED DURING PERMITTING, BUT IT APPEARS THAT THE WORK HAS ALREADY BEEN DONE. SO THE, THESE OPENINGS ARE EXISTING, WELL, THE, THE, THE PERMITTING PROCESS ISN'T OVER WITH, THERE'S STILL INSPECTIONS, BUT WHERE ARE, ARE, ARE YOU SAYING THAT YOU'RE OKAY WITH IT BEING AS CLOSE AS THREE FEET? WELL, I, I MEAN, WE HAVE OWNED THIS PROPERTY SINCE 2016, AND YOU KNOW, THAT HOUSE HAS PROBABLY BEEN THERE FOR 80 YEARS OR SO. SO, UM, I DON'T KNOW WHAT REMEDY , WELL, RIGHT NOW THE VARIANCE, UH, THEY'RE ASKING FOR IS TO ALLOW THE HOUSE TO BE AS CLOSE AS TWO FOOT THREE INCHES. UH, AND, AND THERE'S NO, UH, INCLUSION OF GUTTERS IN THEIR APPLICATION. SO, YOU KNOW, WHAT, WHAT ARE YOUR THOUGHTS ON THAT? WELL, OUR THOUGHTS ARE THAT IT'S, THAT DIMENSION HAS NOT CHANGED. OKAY. AND SO YOU'RE OKAY WITH IT BEING HIGHER WITH THE, WELL, NOT CHANGING , I WOULDN'T SAY WE'RE OKAY WITH IT. UM, BUT OKAY. TO TELL ME WHAT I DON'T MENTION WHAT YOU, WHAT YOU, WHAT YOU, UH, WHAT YOU THINK. I MEAN, I DON'T KNOW THAT IT'S IN VIOLATION OF ANY, YOU KNOW, UH, CODE OR, BUT MY UNDERSTANDING IS THAT THERE CAN BE NO OPENINGS IN A WALL THAT IS LESS THAN THREE FEET FROM THE PROPERTY LINE. OH. IF WE, PER I B C IF WE APPROVE THIS TODAY, STAFF WOULD ENSURE THAT THE, THE AMOUNT OF OPENINGS, UH, YOU KNOW, DURING THE INSPECTION PROCESS OR WITH, OR MEETING THE CODE, UH, BUT WE'RE JUST, WE'RE JUST HERE. WE, ANYTIME YOU WANT TO BUILD THIS CLOSER THAN FIVE FEET, THEY NEED PERMISSION FROM THIS COMMISSION. SO HE'S ASKING TO BUILD IT AS CLOSE AS TWO FOOT THREE. UH, AND SO I'M JUST CURIOUS IF YOU'RE OPPOSED TO IT BEING TWO FOOT THREE INCHES. WELL, OB WE WOULD PREFER THAT IT BE FIVE FEET. UM, OKAY. THANK YOU. AND WHEN WE DO OUR DEVELOPMENT, IT WILL, YOU KNOW, IS THERE ANY OTHER COMMISSIONER QUESTIONS FOR THIS CITIZEN? UH, MR. BILLMAN, YOUR PROPERTY IS, UH, ZONED RMM FOUR AS WELL? YES. UH, HOW MANY UNITS ARE YOU PLANNING ON PUTTING ON YOURS? PROBABLY THREE. OKAY. HOW CLOSE TO THE PROPERTY LINE DO YOU PLAN TO BUILD? FIVE FEET. ANY OTHER QUESTIONS FOR THE CITIZEN? THANK YOU VERY MUCH. THANK YOU. AND THE NEXT, UH, PERSON SEVEN TO SPEAK, UH, CASEY THOMAS. UH, CASEY THOMAS? YEAH. MY ONLY, UM, YOU KNOW, OBVIOUSLY THE BUILDINGS HAVE BEEN THERE FOR 80 YEARS. UM, SO, AND IT'S, THIS PROPERTY IS THAT WE'RE DEVELOPING IS DONE BY PROFESSIONALS. MY [02:35:01] WIFE'S AN ARCHITECT THAT'S WHO JUST SPOKE AND, YOU KNOW, WE'LL, WE'LL CONSIDER EVERYTHING. RIGHT? AND WE'LL, THIS FIVE FOOT SETBACK IS ABSOLUTELY SOMETHING THAT, YOU KNOW, WE'LL, UH, BE USING IN OUR, IN OUR DRAWINGS HAS ALREADY DRAWN IN. MY ONLY CONCERN IS, UM, YOU KNOW, OBVIOUSLY WE DON'T WANT TO TEAR DOWN A HOUSE THAT'S IN THERE FOR 80 YEARS. UM, THE SETBACKS ARE WHAT THEY ARE NOW, RIGHT? SO WE, THAT WOULD BE A TREMENDOUS HARDSHIP. UM, WE'RE JUST, YOU KNOW, SAYING THAT THE, WE, WE DON'T THINK THE SETBACK NEEDS TO BE CLOSER. THE ONLY OBJECTION THAT I HAVE IS, UM, I WOULD LIKE GUTTERS ON IT SO THAT IT DOESN'T, THE WATER DOESN'T SPILL INTO OUR UNITS AND, UM, ME MESS WITH THE FOUNDATION, SO TO SPEAK ON THAT REAL QUICKLY, UM, BECAUSE OF HOW THE STRUCTURE SITS TODAY, THEY NEED AN APPLICATION TO GET AS CLOSE AS TWO FOOT THREE INCHES. IF THEY ADD GUTTERS, IT FORCES IT TO BE EVEN CLOSER. AND WE CANNOT, WE CAN'T APPROVE ANYTHING, UH, BELOW WHAT WAS ADVERTISED. RIGHT? SO THAT'S, THAT'S, SO COMMISSIONER MANN, THAT'S NOT WHAT I UNDERSTOOD FROM THE CITY WHEN I ASKED MY QUESTION. THAT'S WHY I ASKED THAT. AND THEY SAID THAT SIX INCHES WOULD BE OKAY AND STILL MEET AND COMPLY WITH IT. SO THE ROOF'S, SO, SO WE CAN VERIFY THAT. AND SO THE ORIGINAL APPLICATION THAT THE APPLICANT APPLIED FOR WAS THREE FEET. WE PUSH IT DOWN BECAUSE OF THE OVERHANG TO TWO FOOT THREE INCHES. UM, IF IT NEEDS TO GO FURTHER, THEN THAT WE CAN ADMINISTRATIVELY APPROVE SIX INCHES IF YOU WANT TO ADD GUTTERS. OKAY. I, AND I, AND I, I APOLOGIZE FOR MY PREVIOUS MARK BECAUSE I, I WAS UNDER THE IMPRESSION THAT ONCE YOU BROKE THE THREE FOOT BARRIER, IT, THERE WAS NO MORE ADMINISTRATIVE VARIANCE. THAT WAS LIKE A SACRED DIMENSION, BUT, UM, BUT YOU STILL CAN GO IN ADDITIONAL UP TO SIX INCHES BEYOND THAT, RIGHT? IT DOESN'T, IT DOESN'T STOP AT, UH, INSIDE THAT THREE FEET. OKAY. JUST CHECKING. ALL RIGHT. SO THAT GIVES US SOME MORE INFORMATION TO PONDER. OKAY. IS THERE ANYTHING ELSE YOU'D LIKE TO, TO ADD, SIR? NO. NO, THAT'S IT. THANK YOU. ALL RIGHT. THANK YOU, . IF THE PPLICANT CAN PLEASE COME FORWARD AGAIN, , IS THERE ANY OTHER ADDITIONAL QUESTIONS FOR THE APPLICANT? WELL, I THINK WE NEED THE, I'M SORRY. CAN, CAN, CAN DIALOGUE WITH REGARDS TO, UM, ADDRESSING MATTERS. SO CAN I ADD SOMETHING? UH, SURE. THE, THE, THE, I GUESS THE CONCERNS THAT, WHAT I COULD HEAR WAS THE OPENINGS, AGAIN, AS I WELL, THE WEREN'T, YOU'RE, YEAH, WHATEVER, WHATEVER THE CITY'S GONNA MAKE YOU DO BECAUSE OF YOUR PROXIMITY TO THE PROPERTY LINE, THEY WILL MAKE SURE NO, I I I, I'M JUST TRYING TO CLEAR THEIR CONCERNS. OKAY. SO YES, THE OPENINGS, AGAIN, THEY ALREADY APPROVED THAT WE ARE AT 16% WITH ALL OPENINGS THEY ALLOWABLE BECAUSE OF THE, OF THE VARIANCE IS 20%. SO WE'RE WELL BELOW THAT. OKAY. AND AS FAR AS THE GUTTERS, WE'LL ADD THE GUTTERS. I DON'T HAVE A PROBLEM WITH THAT. WE WOULD NEED YOU TO FORMALLY AMEND YOUR APPLICATION. THAT'S FINE. PODIUM TO ADD GUTTERS, THAT'S FINE. NO PROBLEM. OKAY. CAN, BUT WE NEED YOU TO STATE IT FOR THE RECORD, PLEASE. YES. WE'LL ADD GUTTERS ON, ON THE SIDE OF THE VARIANCE. NO PROBLEM. THANK YOU VERY MUCH. ALL RIGHT. SO IF THERE'S NOTHING ELSE, THANK YOU, SIR. WE'RE LOOKING FOR A MOTION BRAGMAN COMMISSIONER BRAGMAN, REGARDING CASE NUMBER BOA DASH 22 DASH 0 3 0 2 4 4. I MOVE TO THE BOARD OF ADJUSTMENT GRAN REQUEST FOR A TWO FOOT THREE INCH, UH, TWO FOOT NINE, TWO FOOT NINE. WELL, WITH THE GUTTERS GUTTER, THE GUTTERS ADMINISTRATOR THAT SAID, BE ADMINISTRATOR. OKAY FOR A TWO FOOT NINE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE TWO FEET GUTTERS WITH GUTTERS. YES. TO ALLOW A STRUCTURE TO BE TWO FEET, THREE INCHES FROM THE SIDE PROPERTY LINE SITUATED AT 1 0 8 SPRUCE STREET, APPLICANT BEING JOSE RAMON CAMPOS, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS WE HAVE DETERMINED SHOWED THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH LITTLE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE APPLICANT IS REQUESTING A VARIANCE TO THE SITE SETBACK IN ORDER TO ALLOW A STRUCTURE WITH GUTTERS TO BE TWO FEET, THREE INCHES FROM THE SIDE PROPERTY LINE. THE STRUCTURE MEETS THE MINIMUM FRONT SENT BACK REQUIREMENT, AND THERE'S STILL ADEQUATE SPACING BETWEEN THE STRUCTURE AND SIDE PROPERTY LINE, WHICH DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST. 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 AN APPLICANT MOVING THE STRUCTURE FIVE FEET FROM THE SIDE PROPERTY LINE. THIS WOULD RESULT IN UNNECESSARY HARDSHIP AS THE SIZE, THE LOT IS INADEQUATE TO BUILD A SIZABLE DUPLEX. 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 TO DEFINED AS THE INTENT [02:40:01] OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE STRUCTURE IS CURRENTLY TWO FEET, THREE INCHES FROM THE SIDE PROPERTY LINE, WHICH DOES NOT OBSERVE THE SPIRIT OF THE OR, WHICH DOES OBSERVE THE SPIRIT OF THE ORDINANCE BY PROVIDING A DECENT AMOUNT OF SPACE BETWEEN PROPERTIES. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. 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 FINDS THE RE REQUESTED VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT UPON SITE VISITS. STAFF OBSERVED THAT SMALL LOTS WERE FOUND IN THE IMMEDIATE AREA, INCLUDING THE ADJACENT PROPERTY. ADDITIONALLY, THE ADJACENT PROPERTY HAS NOT BEEN ESTABLISHED AS AND IS CURRENTLY A VACANT LOT. 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, BUT THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY, OF WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PRIOR PROPERTY. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION. SECOND. SECOND BY COMMISSIONER CRUZ. COMMISSIONER BRAGMAN. UH, YES, I, I WOULD SAY WITH THE, UM, UH, AMENDMENT TO THE, UH, APPLICATION TO INCLUDE GUTTERS, UM, THAT SHOULD, UM, UH, ALLAY THE CONCERNS THAT THE, UH, COMMISSION HAS, UH, AND ONCE, UH, PERMITTING TAKES PLACE, UH, THAT SHOULD ADDRESS THE ISSUE WITH THE NUMBER OF WINDOWS THAT, UM, THE NEIGHBORS, UH, HAD CONCERNS ABOUT. SO, UH, AND AGAIN, IT IS IN THE SAME FOOTPRINT AS WAS THE EXISTING, UH, DUPLEX FROM 80 YEARS AGO. SO I'LL BE IN SUPPORT OF THE MOTION. COMMISSIONER CRUZ. UM, I CONCUR WITH MY COLLEAGUE AND, UM, I DO THINK WITH THE, THE GUTTERS AND ALL THE OTHER, UH, ADJUSTMENTS THEY HAVE TO DO, IT WILL BE A NICE LITTLE DUPLEX. THANK YOU. ANY OTHER COMMISSIONERS' LIKE TO ADD MANNA? COMMISSIONER MANNA? SO, YOU KNOW, I I, I WILL BE VOTING IN FAVOR OF THIS. UM, YOU KNOW, I WOULD HOPE THAT, UM, IN FUTURE RESPONSES, UH, FROM NEIGHBORHOOD ASSOCIATIONS, THAT THEY WOULD INCLUDE A FEW MORE DETAILS SO THAT, UM, I CAN DO A BETTER JOB MAKING SOME OF DECISIONS. 'CAUSE YOU KNOW, I'D, I, I'M NOT QUITE SURE WHAT THEIR, WHAT THEIR, UH, I GUESS CHALLENGE WAS, BUT I THINK BY THE DIALOGUE WE HAD HERE, YOU KNOW, IT MAKES SENSE FOR ME TO IMPROVE THIS. THANK YOU. ANYONE ELSE? ALRIGHT, HEARING END. LET'S HAVE A ROLL CALL. VOTE PLEASE. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. MR. SPIELMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MANCHACA. I CONCUR. MR. VASQUEZ. I CONCUR. MR. MR. MANO. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR. I CONCUR WITH THE FINDINGS OF FACT. MS. LIND. I CONCUR. MR. ZUNIGA? YES. MR. UNA? YES. I CONCUR. CHAIR ORIAN. I ALSO CONCUR THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. UH, CONGRATULATIONS. I, OH, THERE YOU, IF YOU HAVE ANY QUESTIONS, YOU CAN, UH, TALK TO STAFF. THANK YOU. MM-HMM. ITEM NINE, BO A 2 2 1 0 3 0 0 2 4 5. ADDRESS BEING 3 0 1 HASKIN DRIVE. COUNSEL, DISTRICT NUMBER 10, APPLICANT BEING LINDSEY HARRIS. AND A REQUEST FOR AN 11 FOOT 10 INCH VARIANCE FROM THE 20 FOOT REQUIRED REVERSE CORNER SIDE SETBACK TO ALLOW A STRUCTURE TO BE EIGHT FOOT TWO INCHES FROM THE SIDE PROPERTY LINE. AND THE CURRENT ZONING IS N P A NEIGHBORHOOD PRESERVATION DISTRICT. THE SUBJECT PROPERTY'S LOCATED ALONG HASKIN DRIVE NEAR EISENHOWER ROAD, AND IT'S CURRENTLY A SINGLE FAMILY DWELLING. THE APPLICANT IS ANTICIPATING CONSTRUCTING A STRUCTURE THAT ROES INTO THE SIDE SETBACK. PROPERTIES THAT ARE LOCATED ON REVERSE CORNER LOTS WITHIN THE N P EIGHT ZONING DESIGNATION ARE REQUIRED TO ABIDE BY THE 20 FOOT MINIMUM SIDE SETBACK REQUIREMENT. HERE IS THE SITE PLAN AND THE SUBJECT PROPERTY, THE LOCATION OF THE PROPOSED STRUCTURE, AND THEN THE SURROUNDING AREAS. STAFF RECOMMENDATION SIDE SETBACK VARIANCE STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING FINDINGS OF FACT THE STRUCTURE HAS YET TO BE CONSTRUCTED. AND TWO, WHEN CONSTRUCTED, IT WILL BE EIGHT FOOT TWO FROM THE SIDE PROPERTY LINE. AND LASTLY, THREE. CONFORMING TO THE N P EIGHT SIDE SETBACK REQUIREMENTS [02:45:01] ON A REVERSE CORNER LOT WILL PREVENT THE APPLICANT FROM CONSTRUCTING A SIZABLE STRUCTURE. AND THIS IS THE NOTIFICATION PLAN. A STAFF MAIL 38 NOTICES TO IN FAVOR, ZERO IN OPPOSITION AND OAK PARK. NORTHWOOD NEIGHBORHOOD ASSOCIATION IS IN FAVOR OF THE REQUEST. AND THIS IS THE, UH, LETTER FROM OAK PARK NEIGHBORHOOD ASSOCIATION IN FAVOR. THIS CONCLUDES STAFF PRESENTATION AND THE APPLICANT IS PRESENT. AND WHAT IS THEIR PERMITTING STATUS? THEY HAVEN'T GOTTEN A PERMIT YET. HAS ONE BEEN APPLIED FOR? NOT YET. OKAY. THANK YOU. OH, YES, SORRY. YES. OKAY. IF THE APPLICANT'S PRESENT AND THE APPLICANT PRESENT. YES. THANK YOU VERY MUCH. HELLO. IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE. OKAY. MY NAME IS LINDSAY HARRIS AND, UM, WE WERE NOT AWARE THAT WE WERE, UM, DESIGNING ON A REVERSE CORNER LOT BECAUSE WE THOUGHT IT WAS A OH, PERFECT. THANK YOU. UM, WE THOUGHT IT WAS A, A NO OUTLET STREET, THE ALBAN SIDE STREET, WHICH THE GARAGE IN QUESTION IS LOCATED ON. OH, SORRY. CAN YOU HEAR ME BETTER NOW? YES. OKAY, GREAT. UM, SO WE WEREN'T AWARE THAT IT WAS A REVERSE CORNER LOT UNTIL WE DID SUBMIT OUR, UM, APPLICATION FOR OUR GENERAL BUILDING PERMIT, WHICH WAS IN THE END OF SEPTEMBER, SEPTEMBER 22ND, I BELIEVE. UM, SO WE'RE CURRENTLY IN THE PROCESS OF ACQUIRING OUR BUILDING PERMIT, BUT WE'VE HAD TO DO SEVERAL THINGS, SO WE STILL HAVEN'T ACQUIRED IT JUST YET. HOPING TO DO SO THIS WEEK. UM, I HAVE A SLIDESHOW PREPARED THAT JUST KIND OF SHOWS SOME ADDITIONAL PHOTOS SO Y'ALL CAN HAVE SOME MORE INFORMATION AND JUST ADDITIONAL INFORMATION EXPLAINING OUR HARDSHIP. OKAY. IF WE CAN GO TO THAT FIRST SLIDE. PERFECT. OKAY. SO, UM, THIS IS SHOWING THE ALBAN STREET VIEW. I WAS JUST, UH, REFERENCING. UM, BASICALLY THIS STREET HAS VERY LOW TRAFFIC AND DEAD ENDS INTO AN ALLEY TO THE BACK. SO, UM, BASICALLY I'M SHOWING THAT IT'S NOT A HEAVY TRAFFICKED STREET AND OUR GARAGE WILL NOT AFFECT IT IN ANY WAY. UM, IF WE CAN GO TO THE NEXT SLIDE. UH, WE ALSO HAVE A WATER TOWER LOCATED ON ALBIN. OUR PROJECT WILL IN NO WAY AFFECT CITY USAGE OR VEHICLES GOING TO THE WATER TOWER. THE GARAGES IN QUESTION WILL, UH, ACTUALLY MAKE THIS STREET ACCESS SAFER BY PROVIDING OFF STREET PARKING FOR VEHICLES THAT CURRENTLY ARE HAVING TO PARK ON THE STREET. WHILE OUR PROPOSED DESIGN IS, UH, PARTIALLY IN THE 20 FOOT SIDE SETBACK, THEY ARE STILL ON OUR PROPERTY AND WILL BE 18 FEET FROM THE ALBAN STREET ITSELF. SO NOT THE PROPERTY LINE, BUT THERE'S A GOOD DISTANCE BETWEEN WHERE THE STREET IS ON ALBAN AND WHERE OUR PROPERTY LINE BEGINS. AND BECAUSE THERE'S NO SIDEWALKS OR CURBS, IT'S LESS OBVIOUS. UM, OUR NEXT SLIDE, UH, WE HAVE THE SUPPORTIVE NEIGHBORS THAT SHARE A PROPERTY LINE WITH US ON ALL SIDES. UH, SINCE WE SUBMITTED THIS PRESENTATION, WE HAVE GAINED SUPPORT OF BOTH NEIGHBORS TO THE RIGHT AND TO THE LEFT OF THE, WHICH ARE THE GOLDSMITHS, AS WELL AS THE KELLY'S IN ADDITION TO THE WINDELLS THAT LIVE BEHIND OUR PROPERTY. WE ALSO RECENTLY DISCOVERED WE HAVE A VOLUNTEER H O A AND HAVE GINA GALVEZ EISENBERG SUPPORT AS WELL. UM, I BELIEVE ONE OF THE NEIGHBORS TO THE RIGHT OR TO THE LEFT DIDN'T GET THEIR APPROVAL INTO US, SO I APOLOGIZE INCLUDED THAT BEFORE I WAS AWARE OF THAT. BUT WE'VE HAD VERBAL APPROVAL. UH, OUR HOMEOWNERS ALSO HAVE PROPERTIES IN CANADA AND ADDITIONAL VEHICLES AS WELL AS TRAILERS THAT THEY USE TO BRING THINGS BACK AND FORTH FROM THE UNITED STATES TO CANADA. WE'LL BE STORING ALL VEHICLES IN THESE PROPOSED GARAGES TO ALLEVIATE OUR ON-STREET PARKING ISSUE. UH, THE GARAGE IS IN QUESTION. ARE WE TO THE NEXT SLIDE? YEAH. SLIDE SIX. YES. OKAY. THE GARAGES IN QUESTION WILL BE OVER A HUNDRED FEET FROM THE CORNER OF HASKIN AND ALBAN. AND OUR PROJECT WILL IN NO WAY IMPACT SIGHT LINES FOR CROSS TRAFFIC. SO IT WON'T, UH, THE GARAGES ARE LOCATED FAR ENOUGH AWAY. IT SHOULDN'T BE OBSTRUCTING ANY TRAFFIC. MY LAST SLIDE, UH, OUR, OUR PART OF ALBAN DEAD ENDS AFTER THE WATER TOWER AND MAKES ALBAN, IN PARTICULAR A VERY LOW TRAFFIC STREET. IN FACT, WE, UH, WHILE I'VE BEEN ON SITE, I'VE WITNESSED MULTIPLE NEIGHBORS WALKING ON THIS PART OF ALBAN AS IT'S VERY SAFE. THERE'S VERY FEW CARS DRIVING PAST HERE ON A REGULAR BASIS. AND THAT'S THE END OF MY SLIDESHOW . OKAY. UH, WE'RE GONNA SEE IF ANYONE SIGNED UP TO SPEAK AND WE MAY HAVE QUESTIONS FOR YOU. OKAY. ANY PUBLIC COMMENTARY? GOT ONE VOICEMAIL. LET'S HEAR IT. DO YOU WANT ME TO SIT DOWN OR? OKAY. HELLO, MY NAME IS BRETT KELLY. I LIVE AT 3 0 3 [02:50:01] HASKIN SAN ANTONIO, TEXAS SEVEN EIGHT TWO ZERO NINE. MY PHONE NUMBER IS (703) 349-9221. I AM IN FAVOR OF THE ADJUSTMENT REQUEST ON 3 0 1 HASKIN DRIVE AND THE REQUEST NUMBER FOR CASE NUMBER LAST THREE NUMBERS 2, 4 5. ONCE AGAIN, MY NAME'S BRETT KELLY IN FAVOR, AND SALLY KELLY, MY WIFE ARE IN FAVOR OF 3 0 1 HASKIN DRIVE, UH, ADJUSTMENT, UM, REQUEST. THANK YOU. OKAY. SO WE'LL SEE IF WE HAVE ANY QUESTIONS, ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? COMMISSIONER MANNA MAD. UM, SO THE QUESTION I HAVE, SO I'M TRYING TO UNDERSTAND WHERE IT IS THAT YOU'RE BE PUTTING THIS ADDITION. SO I, I DIDN'T QUITE UNDERSTAND THE MAP. I CAN HAVE HIM PULL IT UP. UH, A, A VIEW OF THE SITE PLAN. I THINK THAT EXPLAINS IT BETTER. IF YOU COULD PULL UP THIS ONE RIGHT HERE. CAN YOU ZOOM INTO THE SITE PLAN ON THAT? SO IF YOU LOOK AT THE GARAGES IN QUESTION ARE LOCATED AT THE BACK OF THE PROPERTY AND THE AMOUNT THAT THEY'RE IN, THE 20 FOOT STEP BACK IS IN THAT BLUE RECTANGLE. UM, WHEN I ORIGINALLY SUBMITTED FOR THE VARIANCE REQUEST, THE NEW DETACHED GARAGE WAS ALSO INCLUDED. BUT AFTER FURTHER REVIEW THEY'VE APPROVED THAT ONE, THAT ONE THEY SAY IS OKAY. THE MAIN ONE WE'RE CONSIDERING IS THE ATTACHED GARAGE, WHICH IS KIND OF IN THE MIDDLE LOCATED NEXT TO THE VEHICLE AND THE DRAWING ON THE SITE PLAN. SO, SO TO HELP ME OUT A LITTLE BIT HERE, SO CAN WE BRING UP THE GOOGLE MAP JUST 'CAUSE I'M STRUGGLING A LITTLE BIT HERE FOR YOUR NEIGHBOR'S YARD AND YOUR YARD, SO MM-HMM. . YEAH, THE SIDE PLAN NEEDS TO BE ROTATED 180 DEGREES. RIGHT. GOT THAT. OR, OKAY. WELL YEAH, 'CAUSE I'M ON ALVIN. SO I, I CAME UP ON THE ALVIN SIDE. SO CAN YOU ROTATE AT 180 ONE, ONE MORE . NOW IT MATCHES THE AERIAL. OKAY. SO THEN ARE YOU ADDING ONTO THE EXISTING, MOVING MORE ONTO THE EXISTING GARAGE THEN? IS THAT WHERE THESE ARE GONNA COME INTO PLAY? SO WE'RE ACTUALLY TEARING DOWN THE EXISTING HOME AND CONSTRUCTING A NEW PROPERTY AND THIS IS PART OF OUR BUILDING PERMIT. GOTCHA. OKAY. SO YEAH, I WAS TRYING TO FIGURE OUT THE, THE LAYOUT OF THE CURRENT HOME AND SURE. SO, OKAY. SO, OKAY, FINE. THANK YOU. AND THEN THE DETACHED GARAGE AS IN A, AS A FREESTANDING ACCESSORY STRUCTURE ONLY HAS A FIVE FOOT SETBACK? CORRECT. SO BOTH ARE INCLUDED IN HERE. UH, THE REVERSE CORNER LOT DOES APPLY TO THE ACCESSORY STRUCTURE. SO WE DID INCLUDE BOTH OF THEM ON HERE FOR CONSIDERATION. OKAY. I APOLOGIZE. I I WAS GIVEN SOME DIFFERENT INFORMATION. I THINK WE INITIALLY, UH, SOMEBODY IN THE PERM COUNTY DID GIVE YOU THAT INFORMATION. UM, I, I FORGOT THE RECORDS BUT OKAY. THAT'S WHY WE INCLUDED IT ON HERE. OKAY. SORRY. SO PLEASE BOTH OF THEM, , IS THERE ANY OTHER COMMISSIONER QUESTIONS? NO. ALRIGHT. UM, WE'RE GONNA GO AHEAD AND DELIBERATE AND, OKAY. SEE HOW IT TURNS OUT. IS THERE A MOTION? I'LL MAKE A MOTION. COMMISSIONER KAPLAN, REGARDING CASE NUMBER B 2 2 1 0 3 0 0 2 4 5, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR 11 FOOT 10 INCH VARIANCE FROM THE 20 FOOT REQUIRED REVERSE CORNER SIDE SETBACK TO ALLOW A STRUCTURE AND DETACHED ACCESSORY STRUCTURE TO BE EIGHT FEET, TWO INCH, TWO INCHES FROM THE SIDE PROPERTY LINE SITUATED AT 3 0 1 HASKIN DRIVE. APPLICANT BEING LINDSEY HARRIS BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE APPLICANT IS REQUESTING A VARIANCE TO THE SIDE SETBACK TO ALLOW A STRUCTURE AND DETACHED GARAGE TO BE EIGHT FEET, TWO INCHES FROM THE SIDE PROPERTY LINE. THE STRUCTURE MEETS THE MINIMUM FRONT SETBACK REQUIREMENT AND THERE'S STILL ADEQUATE SPACING BETWEEN THE STRUCTURE AND SIDE PROPERTY LINE, WHICH DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST. 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 THE APPLICANT MOVING THE STRUCTURE 20 FEET FROM THE SIDE PROPERTY LINE. THIS WOULD RESULT IN AN UNNECESSARY HARDSHIP AS CONFORMING TO THE N P EIGHT INCH. UH, SIDE SETBACK REQUIREMENTS ON REVERSE CORN LOT WILL PREVENT THE APPLICANT FROM CONSTRUCTING A SIZEABLE STRUCTURE. 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 IS SITUATED TO BE EIGHT FEET, TWO INCHES FROM THE SIDE PROPERTY LINE, WHICH DOES OBSERVE THE SPIRIT OF THE ORDINANCE BY PROVIDING A DECENT AMOUNT OF SPACE BETWEEN PROPERTIES. 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 OTHER NO USES OTHER THAN THOSE ALLOWED [02:55:01] 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 FINDS THAT THE REQUESTED VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT UPON SITE VISITS. STAFF OBSERVE THAT THERE WERE TWO HOMES IN A WATER TOWER LOCATED ON THE SINGLE BLOCK THAT THE STRUCTURE WOULD ABUT. SIX. THE PLIGHT OF THE OWNER FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE SUBJECT PROPERTY BEING SITUATED ON A REVERSE CORNER. LOT. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL. END OF MOTION. SECOND. SECOND BY COMMISSIONER MANNA. COMMISSIONER KAPLAN? YEAH, I'LL BE IN SUPPORT OF THIS. UM, I, FOR ALL THE REASONS THE PROPERTY ONLY SAID IS YOU'RE ON A, IT'S NOT A DEAD END SUITE, BUT IT'S VERY QUIET STREET. UH, YOU'LL STILL BE EIGHT FEET, TWO INCHES FROM THE, UH, CURB. SO IT'S NOT REALLY AFFECTING TRAFFIC AND AFFECTING ANYBODY'S, UM, ANYBODY'S ANYTHING. I CONCUR WITH MY COLLEAGUE. ALL RIGHT. ANY OTHER COMMISSIONERS LIKE TO ADD HEARING NONE UNLESS HAVE A ROLL CALL VOTE. MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. SS SPILLMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MANCHACA. I CONCUR. MR. VASQUEZ. I CONCUR. MS. CRUZ I CONCUR. MS. BRAGMAN I CONCUR WITH THE FINDINGS OF FACT. MS. LIND. I CONCUR. MR. ZUNIGA. I CONCUR WITH THE FINDINGS OF FACT. MR. ZUNA? YES, I CONCUR. CHAIR ORIAN AND I ALSO CONCUR THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. IF YOU HAVE ANY QUESTIONS, PLEASE GET WITH STAFF. ALL RIGHT, WE'RE HERE TO HEAR. AND NEXT IS ITEM 10 AT THREE 30 WALTON. ALRIGHT, ITEM NUMBER 10 IS BO EIGHT K 22 DASH 3 0 0 2 46 LOCATED ON THREE 30 WALTON. APPLICANT BEING JONATHAN DUQUE. UH, IT'S A REQUEST FOR A FOUR FOOT VARIANCE FOR THE MINIMUM OF FIVE FOOT SIDE PROPERTY SETBACK TO ALLOW STRUCTURE WITH OVERHANG WIDTH AND GUTTERS TO BE ONE FOOT FROM THE PROPERTY LINE. THE PROPERTY IS ZONED. R FIVE. NEXT SLIDE PLEASE. THE SUBJECT PROPERTY IS LOCATED ON WALTON AVENUE AND IS CURRENTLY IN EXISTING SINGLE FAMILY RESIDENCE. THE EXISTING RESIDENCE IS BEING REMODELED AND UPGRADED. THE EXISTING FOOTPRINT OF THE RESIDENCE WILL KEEP THE SAME SIDE, THE SAME SETBACK DISTANCE OF ONE FOOT FROM THE SIDE PROPERTY LINE AS THERE WAS NO ADDITION TO THE EXISTING FOUNDATION ONLY REPAIRS. UPON SITE VISITS. STAFF OBSERVE OTHER STRUCTURES WITH THE SAME SIDE SETBACK DISTANCE. THERE IS THE SITE PLAN. PICTURES OF THE ONGOING CONSTRUCTION STAFF RECOMMEND APPROVAL OF BO O A 22 DASH 1 0 3 0 2 46 BASED ON FOLLOWING FINDINGS OF THE FACT THE REQUEST DOES NOT APPEAR TO BE OUTTA CHARACTER FOR THE AREA. AS THERE ARE SIMILAR STRUCTURES IN THE SURROUNDING AREA, GUTTERS WILL MITIGATE ANY WATER RUNOFF ONTO ABUTTING PROPERTY AND THERE ARE OTHER STRUCTURES IN THE AREA WITH THE SAME SIDE SETBACK DISTANCE FROM THE SIDE PROPERTY LINE. NEXT SLIDE. 41. NOTICES MELD ZERO IN FAVOR, ZERO OPPOSED RECEIVED, AND NO RESPONSE FROM THE PAUL HYATTS NEIGHBORHOOD ASSOCIATION AND THE APPLICANT IS PRESENT. ALRIGHT, UH, I JUST HAVE A QUICK QUESTION ON THE, ON THE NOTIFICATION PLAN. THEY HAVE UP, IS THERE AN ALLEY BACK THERE? I'VE, I'VE NEVER SEEN IT LOOK LIKE THAT BEFORE. YES, THERE IS. THERE IS. THAT IS AT LEAST I'VE NEVER SEEN IT BOUNCE ITZA BACK. IT ZZA LIKE THAT. YEAH. SO I CLEANED UP THE PROPERTY. THE CITY ACTUALLY OWNS IT STILL, SO, UH, IT'S DEFINITELY NOT A RIGHT OF WAY, BUT ON IT IS VERY WEIRD. IF YOU COULD STATE YOUR NAME AND UH, YES, UH, MY NAME'S JONATHAN DUCA. I'M THE OWNER. OKAY. UM, SO I DON'T WANNA TAKE AWAY FROM YOUR PRESENTATION, BUT I, I HAVE TO UNDERSTAND THIS ALLEY THING. SO YOU, UM, WHEN I BOUGHT THE PROPERTY, THERE WAS ALREADY AN ALLEYWAY THERE, THERE WAS ANOTHER GATE. UM, SO ALL I DID THERE WAS A BUNCH OF TREES. ALL I DID WAS JUST RE EXCAVATE IT, CLEAN IT BACK UP, UH, GET RID OF ALL THE BRUSH, UH, STAY WITH THEM, MY PROPERTY LINE, THE SETBACKS, ET CETERA. UM, AND THAT WAS IT. IS THERE ST IS IT POSSIBLE FOR YOU TO WALK FROM, UH, DE DESOTO TO MARION? UH, NO SIR. SO IT IS BLOCKED OFF. IT'S, THERE'S, THERE, THERE'S AN ALLEYWAY, BUT I BELIEVE, UH, EVERYTHING IS SECTIONED OFF AND IT'S BLOCKED. SO THERE IS, IT'S JUST A, A PIECE OF PROPERTY THAT IS REMAINS BY THE VERY [03:00:01] PECULIAR . YES SIR. YES. EVEN SOME BUILDING STRUCTURES OVER. OH GEEZ. YEAH, SO IT'S IT. SO TELL US ABOUT YOUR CASE. UM, AS WE WERE BUILDING, I WAS TRYING TO STILL KEEP WITH THE SAME STRUCTURE. UM, EVERYTHING, THE WAY IT WAS, UH, ABIDING TO MY PERMITS. UM, AS WE GOT TOWARDS THE FRONT AREA OF THE FRONT HOUSE, THE LEFT HAND SIDE, WE WERE LOOKING AT IT FROM THE STREET. UH, AS WE WERE DOING THE FOUNDATION WORK, IT CAME DOWN, UM, THAT'S WHEN WE HAD THE ISSUE. SO WE JUST STILL WERE GOING WITH EVERYTHING ELSE. UM, WE JUST FELL INTO THAT CATEGORY OF IT HAPPENING AND FALLING. OKAY. UH, ARE YOU MAKING THE STRUCTURE ANY LARGER THAN WHAT IT WAS BEFORE? NO, SIR. EVERYTHING WAS STAYING THE SAME. THE ONLY THING I DID WAS, UH, ADD AN ADDITIONAL, UM, 150, NO, UH, 12, A HUNDRED, UH, 250 SQUARE FOOT, WHICH I PULLED MY PERMIT FOR, UH, TAD TO THE EXISTING STRUCTURE TO THE, TO THE REAR OF THE HOME. OKAY. ALRIGHT. IS THERE ANY ONE TIME TO SPEAK ANY VOICEMAILS? THERE IS NO PUBLIC COMMENT. ALRIGHT. AND IF YOU DON'T MIND, UNLESS, IF YOU'RE DONE, WE'LL ASK, SEE IF THERE'S ANY QUESTIONS. ALRIGHT, THANK YOU. ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? ANY COMMISSIONER QUESTIONS? COMMISSIONER CRUZ? OKAY. UM, I GUESS, UM, I HAVEN'T BEEN IN THAT AREA LATELY. UM, YOU'RE JUST UPDATING THE HOME, RIGHT? THERE WAS A HOME THERE ALREADY. YOU'RE JUST UPDATING IT? YES, MA'AM. UM, PRETTY, PRETTY MUCH COSMETIC, UH, THE LANDSCAPE I, I REDID ON THE PROPERTY. UM, AND STILL KEEPING THE SAME STRUCTURE. YES MA'AM. BUT EVERYTHING GOT COSMETIC TO BE BRAND NEW. YES. OKAY. I'M TRYING TO REMEMBER HOW, I KNOW HOW OLD THE HOUSE IS BECAUSE IT'S BEEN THERE QUITE A FEW YEARS. YES, MA'AM. UM, BUT I WAS JUST CHECKING. OKAY, THANK YOU. YOU'RE WELCOME. VASQUEZ. COMMISSIONER VASQUEZ, I HAVE A QUESTION. UH, I HAVE A QUESTION FOR THE APPLICANT. I'M LOOKING AT THE, AT THE PHOTOGRAPHS AND, AND I DON'T KNOW IF I'M, I'M SEEING THE, THE FRONT OR THE BACK OF WHERE THERE, THERE WAS NO PREVIOUS, THERE WAS NO PREVIOUS, UM, PURINE BEAMS. AND THEN THERE THERE ARE SOME NEW PURINE BEAMS. WHAT, WHAT IS THIS? IS THAT THE FRONT OR THE BACK? UH, THAT PICTURE RIGHT THERE, SIR, IS THE FRONT. OKAY. THAT ONE DOES NOT HAVE UH, ANY PEER NEW, UM, UH, THE OTHER, THE OTHER PICTURE. OKAY. THE OTHER PICTURE, I DON'T KNOW IF YOU CAN SEE WHAT I'M SEEING. UH, CAN SOMEBODY DISPLAY THE SUBJECT PROPERTY? THE, WHICH IS COVERED WITH A BLUE TARP RIGHT THERE. THAT ONE. OKAY. IS THAT THE FRONT OR THE BACK? THAT IS THE FRONT, YES SIR. OKAY. SO NOW THERE, THERE ARE NEW PUR BEAM, UH, UH, AT THAT POINT. WHY IS THAT NECESSARY? UH, BECAUSE NEW FOUNDATION, A LOT OF THE FOUNDATION THAT WAS THERE ALREADY WAS THE OLD, UM, CEDAR POST AND A LOT OF IT WAS ALREADY ROUTED OUT, SO WE JUST, UH, UPDATED IT. THANK YOU VERY MUCH. YES, SIR. ALRIGHT. ANY OTHER QUESTIONS? MANNA, COMMISSIONER MANNA. SO, SO JUST TRYING TO UNDERSTAND. SO, SO, SO BASICALLY YOU'VE TAKEN THE, DOWN THE HOUSE DOWN TO THE PIER AND BEAMS AND YOU'RE REBUILDING BACK THAT STRUCTURE THEN? UH, YES SIR. OKAY. THE, THE IDEA WAS TO, UH, STILL WHEN WE DID, UM, THE PROBLEM WAS WE, WE ALREADY HAD FOUNDATION ISSUES, SO WE WERE GONNA STILL DO, UH, NEW FOUNDATION, UM, JUST AS WE WERE LEVELING THE FRONT OF THE HOUSE, UH, WHEN WE HAD THE ISSUES BECAUSE SO MUCH OF ROD INFESTATION OF TERMITES, UM, IT CAME DOWN. SO THAT'S THE REASON WHY WE WERE ALREADY STILL COMING OUT, UH, WITH THE PUR BEAMS. UM, SO THAT'S A, THAT'S HOW THAT CAME. SO DID THE FOOTPRINT OF THE HOUSE CHANGE? NO, SIR. SO, OKAY. NO, SIR. OKAY. THANK YOU. YES, SIR. ANY, ANYONE ELSE? ALRIGHT. THANK YOU VERY MUCH. YES, SIR. THANK YOU. UM, LOOKING FOR A MOTION AND JUST TO CLARIFY, UM, THAT IS AN ALLEY, EVEN THOUGH IT'S NOT A STRAIGHT ALLEY, THAT IS AN ALLEY BEHIND HIS HOUSE. OKAY. YEAH, IT JUST LOOKS LIKE, YEAH, IT, IT LOOKS LIKE VARIOUS HOMEOWNERS TOOK ADVANTAGE OF IT AND PUT THEIR FENCES AND BASICALLY ZIGZAGGED BACK ACROSS, UM, CAPTURING THEIR PORTION AND THE OTHER NEIGHBOR'S PORTION OF THE ALLEY. MAYBE THE CITY COUNCIL'S OFFICE CAN, CAN HELP THESE RESIDENTS PURSUE AN ALLEY CLOSURE REQUEST OR SOMETHING AND JUST GET THIS OVER WITH. UM, OKAY. I'M LOOKING FOR A MOTION. CRUZ. COMMISSIONER CRUZ, REGARDING CASE NUMBER BO O A 2 2 103 0 2 4 6. I MOVE AT THE BOARD OF ADJUSTMENT GRANTS REQUEST FOR A FOUR FOOT VARIANCE FROM THE FIVE FOOT SIDE PROPERTY SETBACK TO ALLOW A STRUCTURE WITH OVERHANG, OVERHANG AND GUTTERS TO BE ONE FOOT FROM THE SIDE PROPERTY LINE SITUATED AT 3 3 0 WALTON AVENUE, APPLICANT BEING JONATHAN DUQUE BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF U D C AS AMENDED WILL RESULT IN UNNECESSARY HARDSHIP. [03:05:01] SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE APPLICANT IS REQUESTING A FOUR FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SITE SETBACK REQUIREMENTS TO ALLOW A STRUCTURE WITH OVERHANG AND GUTTERS TO BE ONE FOOT FROM THE SIDE PROPERTY LINE, WHICH DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO THE SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF FINDS AN UNNECESSARY HARDSHIP DUE TO THIS BEING AN EXISTING STRUCTURE. EXCUSE ME, THE EXISTING RESIDENCE IS BEING REMODELED AND UPGRADED. THE REMODEL WORK DOES NOT INCLUDE ANY ADDITIONS TO THE STRUCTURE. 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 EXIST EXISTING. THIS WILL OBSERVE THE SPIRIT OF THE ORDINANCE. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED. NO, NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH A 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. THEFT DOES NOT FIND EVIDENCE THAT THE REQUESTED VARIANCE WOULD ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. ADDITIONAL PROPERTIES LOCATED ALONG WALTON AVENUE WHERE OBSERVED, OBSERVED TO HAVE STRUCTURES WITHIN THE SIDE SETBACK DUE TO THE SIZE OF THE LOTS. THEREFORE, THE REQUEST WOULD NOT ALTER THE CENTRAL CHARACTER OF THE NEIGHBORHOOD. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL, ARE NOT DUE TO OR RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES FOR EXISTING STRUCTURE ON THE PROPERTY. THE VARIANCE REQUEST IS NOT REALLY, IT'S, IT'S NOT MERELY FINANCIAL AND A MOTION. SECOND. SECOND BY COMMISSIONER MANNA. COMMISSIONER CRUZ. UM, I WILL GO AHEAD AND, UH, APPROVE THIS NOTICE. I THINK IT'S A GOOD ADDITION TO THE HOME AND YES, THE PROPERTIES ARE ALMOST ALL OF 'EM OVER 60 YEARS OLD, SO IT'S A GOOD THING TO REDO THE HOME. THANK YOU. COMMISSIONER MANNA. I CONCUR WITH MY COLLEAGUE. ALL RIGHT. AND ANYONE ELSE LIKE TO ADD? I JUST WANTED TO SAY THAT IF YOU GO UP AND DOWN THE STREET, IT LOOKS LIKE A LOT OF THE HOMES ARE JUST RIGHT ON THE PROPERTY LINE WITH A LARGE DRIVEWAY ON THE OTHER SIDE. AND THIS IS IN LINE WITH THAT, UH, STYLE OF, OF, UH, DESIGN. SO I'LL BE IN FAVOR. LET'S HAVE A ROLL CALL VOTE PLEASE. MS. CRUZ. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. SPILLMAN. I CONCUR. MR. MANCHACA. I CONCUR. MR. VAZQUEZ. I CONCUR. MS. BRAGMAN I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR. I CONCUR WITH THE FINDINGS OF FACT. MS. LIND. I CONCUR. MR. ZUNIGA. I CONCUR. MR. UNA? YES, I CONCUR. CHAIR ORIAN. I ALSO CONCUR THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. IF YOU HAVE ANY ADDITIONAL QUESTIONS YOU CAN GET WITH STAFF. THANK YOU. THANK YOU. ALL RIGHT, LAST CASE. ITEM 11. ITEM NUMBER 11 IS FOR CASE BOA DASH 22 DASH 0 3 2 48. LOCATED AT 1526 EMER ROAD WITHIN COUNCIL DISTRICT TWO, THE APPLICANT BEING K F W ENGINEERS AND SURVEYORS IS A REQUEST FOR A FOUR FOOT VARIANCE FROM THE MAXIMUM SIX FOOT REAR YARD FENCE REQUIREMENT TO ALLOW A SOLID, SOLID FENCE TO BE 10 FEET ALONG THE REAR YARD. THE PROPERTY ZONE R FIVE RESIDENTIAL SINGLE FAMILY DISTRICT WITH A CONDITIONAL USE FOR TRANSITIONAL HOME. THE PROPERTY IS LOCATED IN THE FAR EAST SIDE OF SAN ANTONIO, CLOSE TO MARTINDALE ARMY AIRFIELD AND 2020. THE PROPERTY WAS REZONED TO ADD A CONDITIONAL USE FOR TRANSITIONAL HOME. THE PROPERTY IS VACANT AT THIS TIME, BUT THE INTENTION IS TO DEVELOP MULTIPLE STRUCTURES ON THE PROPERTY THAT A NONPROFIT ORGANIZATION WILL OCCUPY. THE PROPERTY IS FRONTING ON LYER ROAD AND THE REAR PROPERTY LINE ABUTS SOUTHEAST LOOP FOUR 10 LEADING TO THE APPLICANT REQUESTING A VARIANCE TO ALLOW 10 FOOT SOLID SOLID FENCE ALONG THE REAR PROPERTY LINE. THE SURROUNDING PROPERTIES ARE ALSO OWNED AND OCCUPIED BY THE ORGANIZATION. THE FENCE WOULD REQUIRE CERTIFICATION BY A LICENSED ENGINEER THAT THE FOUNDATION AND SUPPORT STRUCTURE ARE DESIGNED TO SUSTAIN WIND LOADS IN ACCORDANCE TO ACCORDANCE WITH THE INTERNATIONAL [03:10:01] BUILDING CODE. COMMUNICATION WITH THE NEIGHBORHOOD AND HOUSING SERVICES DEPARTMENT PROVIDED INSIGHT THAT THE 10 FOOT FENCE IS REQUIRED DUE TO A PROPERTY BEING AWARDED A COMMUNITY DEVELOPMENT BLOCK GRANT APPROVED BY CITY COUNCIL. BECAUSE OF THE ALLOCATION OF FEDERAL FUNDS, AN ENVIRONMENTAL ASSESSMENT WAS COMPLETED FOR THE PROPERTY WHICH IDENTIFIED POTENTIAL NOISE LEVELS CONSIDERED A NORMALLY UNACCEPTABLE CATEGORY BY HUD. IT WAS DETERMINED THAT A BARRIER OF A MINIMUM 10 FEET AND HIGH AND 384 FEET IN LENGTH WOULD PROVIDE THE NECESSARY REQUIREMENTS TO BE CLASSIFIED AS AN ACCESS ACCEPTABLE NOISE CATEGORY. THIS IS THE ZOOM-IN OF THE SITE PLAN AND THEN THIS IS THE SITE PLAN THAT WAS PROVIDED BY THE APPLICANT. THE SUBJECT PROPERTY, THIS IS THE FRONT PORTION OF THE PROPERTY. A FENCE IS NOT BEING PROPOSED IN THE FRONT. THIS IS THE REAR WHERE, UH, THE FENCE WILL BE INSTALLED. THIS IS A VIEW OF THE REAR PROPERTY LINE AND, UM, LOOP FOUR 10. AND THIS IS ANOTHER VIEW OF THE PROPERTY. THIS IS ON SEMER ROAD. HOWEVER, NOTE THAT THIS PROPERTY HERE, UM, IS IN FRONT OF THE, UH, SUBJECT PROPERTY. AND THEN THIS IS ANOTHER VIEW OF THE PROPERTY FROM LANGER ROAD. AND THEN THIS IS SEMER ROAD. REGARDING THE FENCE HEIGHT VARIANCE, STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING FINDINGS. ONE, THE FENCE WILL ONLY BE LOCATED ON THE EAST PROPERTY. LINE TWO, THERE IS A HIGHWAY ADJACENT TO THE SUBJECT PROPERTY. THREE. THE PROPOSED USE REQUIRES ENHANCED SECURITY AND FOUR, THE FENCE WILL NOT BE EASILY VISIBLE FROM SER ROAD. WE MAILED OUT 17 NOTICES AND WE DID NOT RECEIVE ANY RESPONSES. DEL CREST AREA NEIGHBORHOOD ASSOCIATION WAS NOTIFIED OF THE REQUEST BUT DID NOT RESPOND. AND THIS DOES CONCLUDE STAFF'S PRESENTATION AND WE DO HAVE THE APPLICANT AND SOME REPRESENTATIVES HERE TO ANSWER ANY QUESTIONS. GREAT. LET'S APPLICANT COME FORWARD. MANA COMMISSIONER MANNA. SO, UM, SO CITY, CAN YOU GO BACK TO, UM, THE SLIDE WHICH WE WERE SHOWING THE JUSTIFICATIONS AND THE LAST BULLET POINT. UH, CAN YOU EXPLAIN THAT BULLET POINT PLEASE? THERE YOU GO. THAT ONE THERE, THE 10 FOOT. SO WITH REGARDS TO COMMUNITY DEVELOPMENT BLOCK GRANT AND WHAT, WHAT THE TIE IN IS THERE? SURE. WE, UM, HAVE MS. RAGSDALE FROM THE NEIGHBORHOOD AND HOUSING SERVICES THAT CAN ANSWER THOSE QUESTIONS. HI, GOOD AFTERNOON. BOARD MEMBERS ERICA RAGSDALE. I'M A REDEVELOPMENT OFFICER WITH THE CITY'S NEIGHBORHOOD AND HOUSING SERVICES DEPARTMENT. I'M ALSO HERE WITH WILLIAM TAYLOR, WHO IS THE CONTRACTS MANAGER FOR OUR GRANTS MONITORING AND ADMINISTRATION DIVISION. UH, OUR PART, OUR DEPARTMENT HAS BEEN WORKING WITH CROSSPOINT FOR MORE THAN A YEAR TO BRING THE PROJECT TO FRUITION. IN AUGUST OF 2022, THE CITY COUNCIL APPROVED AN AWARD OF 750 DOLL, $750,000 IN COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. UM, WHEN A PROJECT RECEIVES FEDERAL FUNDS, IT BECOMES SUBJECT TO ADDITIONAL REGULATIONS INCLUDING AN ENVIRONMENTAL ASSESSMENT. SO THE ENVIRONMENTAL REVIEW PROCESS IS REQUIRED TO ENSURE THAT ONE, THE PROPOSED PROJECT IS NOT GOING TO IMPACT THE SURROUNDING AREA NEGATIVELY, BUT ALSO THAT THE SITE CONDITIONS ARE NOT GOING TO IMPACT THE END USERS IN A NEGATIVE WAY. SO IT'S LOOKING BOTH WAYS. UH, ON THIS SITE IN PARTICULAR, THE ENVIRONMENTAL ANALYSIS SHOWS THAT NOISE LEVELS ON THE SITE WERE EXCESSIVE AND THAT A MITIGATION STRATEGY MUST BE IMPLEMENTED, AND THAT'S AGAIN TIED TO THAT FUNDING. SO THE PERFORMANCE MODELING DONE AS A RESULT, UH, INDICATED THAT A BARRIER AT LEAST 10 FEET IN HEIGHT AND 384 FEET IN LENGTH WOULD BRING THE NOISE INTO THE ACCEPTABLE CATEGORY. UH, AND SO THAT'S, THAT WAS WHY OUR, UH, TEAM, MYSELF AND WILLIAM WERE HERE JUST TO EXPRESS OUR SUPPORT FROM THAT ANGLE AND IN SUPPORT OF THE PROJECT. THANK YOU VERY MUCH. THANK YOU. ALRIGHT. HELLO? HELLO. YOU COULD, LEMME GET THIS UP HERE A LITTLE BIT. UH, I'M DR. KEVIN DOWNEY. I'M THE CHIEF, UH, STRATEGY OFFICER FOR CROSSPOINT. AND I'M HERE WITH ASHLEY DAVIDSON FROM K F W. UH, AND I JUST WANTED TO, WELL FIRST OF ALL, I WANNA APPLAUD YOUR ENDURANCE. I'VE SAT HERE AND WATCHED THIS ALL AFTERNOON. GOOD WORK. UM, IT'S NOTHING IF YOU SEE A GUY DELIVERING PIZZA TO US THEN, SO ANYWAY, I JUST WANTED TO SHARE WITH YOU THE, JUST BROADLY THE PURPOSE OF THIS. UM, SO YOU'RE AWARE THIS IS GOING TO BE A WOMEN'S WELLNESS CAMPUS WHO ARE WORKING WITH, UH, UT HEALTH SCHOOL OF NURSING TO CONSTRUCT THIS THING FOR MOMS AND BABIES WHO ARE IN EARLY RECOVERY FROM SUBSTANCE USE DISORDERS. UM, SO THIS IS A MUCH NEEDED PROJECT. UM, SAN ANTONIO HAS BEEN IDENTIFIED AS ONE OF THE TOP FIVE CITIES IN THE STATE OF TEXAS WHERE BABIES ARE NEONATAL EXPOSED TO, UH, SUBSTANCES. [03:15:01] SO THIS IS GONNA PROVIDE A CAMPUS FOR THEM TO LIVE, UM, GET REINTEGRATED AND IT'LL TAKE CARE OF ALL THEIR MEDICAL NEEDS AS WELL. UH, AND I'M HAPPY TO ANSWER ANY OF YOUR QUESTIONS, OTHERWISE I'M GONNA BRING ASHLEY IN HERE TO SAY WHAT SHE HAS. OKAY. UM, I BELIEVE THAT THEY SAID THAT, UM, THE FENCE NEEDED TO BE AT LEAST THREE HUNDRED AND EIGHTY FOUR, THREE HUNDRED AND EIGHTY FOUR FEET LONG, AND IT WILL BE THE ENTIRE LENGTH OF THE PROPERTY ALONG LOOP FOUR 10. SO IT'S GONNA BE ABOUT 750 FEET LONG. SO IT SATIS SATISFIES THAT REQUIREMENT. OKAY. OKAY. AND, UH, I KNOW THE ANSWER TO THIS, UM, SINCE YOU WORK AT K F W, I'M JUST GONNA ASK YOU, UH, IT IS VERY COMMON FOR DECADES THAT WHEN YOU DEVELOP LAND OR PLANT LAND, UH, NEXT TO TXDOT, THEY MAKE YOU PUT A NOTE ON THE PLANT THAT TALKS ABOUT WHEN YOU HAVE RESIDENTIAL DEVELOPMENT, WHICH I THINK THIS WOULD COUNT AS HALFWAY HOUSE, THAT THE DEVELOPER'S RESPONSIBLE FOR NOISE MITIGATION. AND, AND SO TDOT WOULDN'T BE OPPOSED TO THIS IN ANY WAY. UH, ACCORDING TO THAT NOTE, THEY MAKE YOU PUT ON A PLANT, BUT I DON'T KNOW IF THIS RARELY EVER COMES UP. SO I THOUGHT WONDERING IF THERE WAS ANY, UH, DISCUSSION WITH TEXDOT AT ALL. RIGHT. THAT, THAT NOTE ISN'T ON THIS PLA SO I DON'T KNOW IF IT'S BECAUSE IT'S A, UM, IT'S NOT. UM, PLATTED IS A RESIDENTIAL PLAT. IT'S PLOTTED AS A COMMERCIAL PLA SO THE ONLY THING THAT TDOT IS WORRIED ABOUT IS DRIVEWAY ACCESS AND WE HAVE NO DRIVEWAY ACCESS ONTO LOOP FOUR 10. THAT TAKES AWAY FROM MY, UH, INTERESTING POINT I WAS TRYING TO MAKE, BUT OKAY. I KNOW, BUT THE, THESE FENCES ARE EVERYWHERE ON, ON THE, ON THE HIGHWAYS, RIGHT? THEY'RE THE BIG NOISE ATTENUATION FENCES. ALRIGHT. UH, IS ANY COMMISSIONER QUESTIONS? MANON? COMMISSIONER MANON? SO I GUESS THE QUESTION, YOU KNOW, JUST HOW DID WE DETERMINE THAT, UH, THAT THE MITIGATION DIFFERENCES BETWEEN EIGHT FOOT AND 10 FOOT, UM, YOU KNOW, AND, AND THAT THAT SATISFIED THAT REQUIREMENT? SO, YOU KNOW, JUST IN GENERAL, JUST MAYBE JUST FOR MY EDUCATION. SURE. I'M HAPPY TO LOOK OVER TO, UH, ERICA RAGSDALE , AND AS I MENTIONED, WILL HERE IS OUR CONTRACTS MANAGER, SO HE'S REALLY THE EXPERT, BUT THERE IS, UH, WHEN THAT ISSUE IS IDENTIFIED IN THE ANALYSIS, THE NEXT PHASE IS FOR AN ENVIRONMENTAL CONSULTANT TO ASSESS AND ANALYZE WHAT THE MINIMUM, UM, MITIGATION STRATEGY WOULD BE TO GET THE NOISE DOWN TO THE LEVEL. AND SO THAT CONSULTANT DETERMINES THE HEIGHT AS WELL AS THE LENGTH THAT'S APPROPRIATE THROUGH PERFORMANCE MODELING. ANYTHING TO ADD? THANK YOU. SURE. ANY OTHER QUE COMMISSIONER MINKA MINKA, UH, THAT'S QUITE A BUSY AREA AND IT'S GROWING AND IT'S GETTING MORE INDUSTRIAL AND THE DECIBEL LEVEL GOES UP. HAVE YOU MEASURED THE DECIBEL LEVEL FOR THE FENCE? I'M JUST GONNA KEEP ERIC, UH, RIGHT UP HERE. . YEAH. IT, IT'S MODELED AFTER, UM, LIKE IN, UH, IN VIEW OF THE FENCE BEING THERE, IT, AND SO THEY'RE MODELING, PROJECTING TO THAT AND, AND THEY USE HUD, HUD RECOMMENDS INTO A CERTAIN LIKE POINT INTO THE FUTURE WHERE YOU'RE MODELING FOR TRAFFIC PATTERNS AND ALL THAT'S INCLUDED IN THEIR NOISE ANALYSIS. YEAH, I BRING THAT UP BECAUSE IN CONSTRUCTION THEN THEY FINALLY, AFTER A WHILE THEY GET WISE WITH HALT DOWN A WASTE CATERPILLAR AND THEN 18 WHEELER TRAFFIC. IT'S NONSTOP AND IT CONTINUES INTO THE NIGHT. ABSOLUTELY. SO YOU BUILD A 10 FOOT FENCE AND YOU MIGHT NOT FIND IT SATISFACTORY, BUT THAT'S WHY I WAS BRINGING THAT UP. YEAH, YEAH, ABSOLUTELY. THEY, THEY, UH, THE RECOMMENDATIONS TO THE ENVIRONMENTAL CONSULTANT IS TO PROJECT INTO THE FUTURE WHAT THE TRAFFIC PATTERNS WOULD BE, UM, AS WELL AS THE NOISE. AND THEY USE AN AVERAGE OF A DAY NIGHT AVERAGE AS WELL. ONE MORE QUESTION. UH, WILL YOU BE BUFFERING SOME OF THE SUN ALSO WITH TREES AROUND THE STRUCTURE? I DON'T BELIEVE SO. YEAH, I DON'T BELIEVE SO. RIGHT? I DON'T, NO. YEAH, I DON'T BELIEVE SO. NO. I BELIEVE IT'S A FENCE. JUST THE FENCE. ALL RIGHT. THINK ABOUT IT. AND, AND WE WERE LOOKING BACK TO RYAN MALITZ, WHO IS HERE WITH US AS WELL BECAUSE HE'S IN CHARGE OF THE CONSTRUCTION FOR THIS PROJECT AND, UH, HAS BEEN WITH US FROM THE VERY BEGINNING. SO, BUT THAT'S A GOOD POINT. I, ANY OTHER COMMISSIONER QUESTIONS? WELL, HEARING NONE, I'M LOOKING FOR A MOTION. WE GOT, WE GOT ONE VOICEMAIL. OH, SO CLOSE . LET'S HEAR IT. GOOD MORNING. THIS IS ANITA L FRANKLIN, 48 11 DEL CASTS DRIVE, SAN ANTONIO, TEXAS 7 8 2 2 0. MY NUMBER IS 2 1 0 2 3 2 7 4 8 4. UH, THIS IS RE IN REFERENCE TO CASE NUMBER B O A DASH 2 2 1 0 3 0 2 4 8 [03:20:05] CONCERNING THE BOARD OF ADJUSTMENT REQUESTS FOR 1526 SIMILAR ROAD. I AM IN AGREEMENT, UH, FOR THE REQUEST FOR THE VARIANCES FOR THE DIFFERENT TYPE OF FENCING, UH, FOR THE FACILITY. AGAIN, I AM IN FAVOR, UH, FOR THE VARIANCES, UH, FOR THE DIFFERENT TYPE OF MEASUREMENTS FOR THE FI FENCINGS. THANK YOU SO MUCH. BYE-BYE. ALRIGHT, THAT'S IT. OTHER THAN THAT, NOW I'M LOOKING FOR A MOTION AND MADAM REGARDING CASE NUMBER BOA 2 2 1 0 3 0 0 2 4 8. I MOVED AT THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A FOUR FOOT VARIANCE FROM THE MAXIMUM SIX FOOT REAR YARD FENCE REQUIREMENT AS DESCRIBED IN SECTION 35 514 TO ALLOW TO ALLOW A SOLID SCREEN FENCE TO BE 10 FEET IN HEIGHT ALONG THE REAR YARD, SITUATED AT 1 5 2 6 SIM INJURED ROAD APPLICANT BEING K F W ENGINEERS AND SURVEYORS. BECAUSE A TESTIMONY PRESENTED TO US AND 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 U D C AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE WILL NOT, IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE APPLICANT IS REQUESTING A FOUR FOOT VARIANCE TO ALLOW A 10 FOOT FENCE ALONG THE REAR PROPERTY LINE, WHICH ABUTS SOUTHEAST LOOP FOUR 10. DUE TO THE STREET CLASSIFICATION. THE PROPOSED FENCE WILL BE DEVELOPED AT EIGHT FOOT BY RIGHT. AN ADDITIONAL TWO FEET OF FENCE DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN NECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD MEAN THAT THE FENCE WOULD ONLY BE INSTALLED AT EIGHT FOOT IN HEIGHT. THE LOT IS LARGE IN SIZE AND DUE TO THE PROS PROPOSED USE AND PROXIMITY OF THE HIGHWAY, THE SITE REQUIRES ADDITIONAL SECURITY LEADING TO AN UNNECESSARY HARDSHIP. UH, SHOULD BE THE VARIANCE. SHOULD THE VARIANCE BE DENIED. 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. DEFENSE WILL ONLY BE LOCATED ALONG THE REAR PROPERTY LINE IS BEING REQUESTED DUE TO THE SAFETY CONCERNS OF BEING LOCATED ADJACENT TO THE SOUTHEAST LOOP. FOUR TEN FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THIS VARIANCE IS LOCATED. NO OTHER USES, 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 THIS PROPERTY IS LOCATED. THE PROPOSED FENCE WOULD BE APPROXIMATELY, I THINK YOU SAID FOUR 70 FEET. 308 4 OR 304. OKAY. SORRY. 304. WELL, IT HAS FOUR 30 FEET, UM, ALONG, UH, FROM THE SIMILAR RIGHT OF WAY, THEREFORE WILL NOT BE EASILY VISIBLE FROM THE FRONT. THE REQUEST WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY, UH, FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON PROPERTY IN UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY OR ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN DISTRICT IN WHICH THIS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS THE SIZE AND LOCATION OF THE PROPERTY. AND A MOTION. SECOND. SECOND BY COMMISSIONER KAPLAN. COMMISSIONER ARMANA? YES. I I I THINK THIS, UH, SOUNDS LIKE A, A GREAT USE OF THIS PROPERTY AND, AND I I SEE NO REASON FOR NOT GRINDING THE MOTION AS READ COMMISSIONER CAP. SO, OH, HOLD ON. CAN I MAKE A CLARIFICATION? SURE. PLEASE COME ON UP. UM, I THINK YOU STATED 340 LINEAR FEET. 3 84. 3 84. BUT IT'S GONNA BE THE ENTIRE LENGTH OF THE PROPERTY. SO IT'S AROUND 750 FEET. IT'S JUST THE YELLOW. IT'S 3 84. OH, JUST THE YELLOW IS 3 84. YEAH, WHEN YOU PUT IN THE TOP WOODEN FENCE, WHICH IS NOT UNDER REVIEW, THAT'S WHERE YOU GET, I THINK THAT'S OKAY. OKAY. 3 84. SO 3 84 IS OKAY. THAT'S GOOD. OKAY, SO, SO WE'RE GOOD. SO 3 84. SO 3 84. SO THAT MOTION AS STANDS IS RED. OKAY. AND I AGREE. I AGREE. I THINK IT'S A GOOD USE AND I APPLAUD WHAT YOU'RE DOING FOR THE COMMUNITY. AND OBVIOUSLY THE, THE SIZE OF THE FENCE IS, IS UH, UH, CAUSE BECAUSE OF THE GRANT THAT YOU'RE GETTING. SO I'M FOR IT. ALRIGHT, ANY COMMISSIONER COMMENTS? HEARING NONE, LET'S EVER A ROLL CALL VOTE MR. MANO. I CONCUR WITH THE FINDINGS OF FACT AS LONG AS THE APPLICANT STILL AGREES IT'S 384 FEET . MS. KAPLAN, I CONCUR WITH THE FINDINGS OF FACT. MR. SPILLMAN. I CONCUR. MR. MENCHACA [03:25:02] I CONCUR. MS. MR. VASQUEZ I CONCUR. MS. CRUZ I CONCUR. MS. BRAGMAN I CONCUR WITH THE FINDINGS OF FACT. MS. LIND I CONCUR. MR. ZUNIGA, I CONCUR WITH THE FINDINGS OF FACT. MR. ZUNA? YES, I CONCUR. CHAIR ORIAN AND I ALSO INCUR WITH THE FINDINGS OF FACT MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. AND JUST FOR THE RECORD, YOU READ THAT IN TO BE IN THE REAR YARD, RIGHT? YOU DIDN'T, YOU DIDN'T LIMIT IT TO 3 84, RIGHT? UM, I DID STATE 3 84 BECAUSE IT, IT HAD 400, UH, AND OH, THAT'S JUST FROM THE DISTANCE FROM THE INGER ROAD RIGHT AWAY. THE FENCE IS A, IS A BUDDING THE TEXT OUT RIGHT AWAY. OH, OKAY. OKAY THEN I APOLOGIZE. YES. SO, SO THEN DO YOU NEED TO AMEND THE, UM, ITEM FIVE OF THE FINDINGS TO UH, YES, I DO NEED THE MINUTE THEN. SO, OKAY, LET'S, BEFORE I'M GONNA, BEFORE, BEFORE I FORMALLY THE CLAIM, UH, PROCLAIM THIS, UH, COMMISSIONER MANNA, PLEASE, UH, AMEND ITEM BY. SO, SO I'D LIKE TO FORMALLY AMEND IT. I APOLOGIZE. I'VE READ THAT WRONG. SO, AND IT IS PROPOSED FENCE WOULD BE APPROXIMATELY FOUR 30 FEET FROM INGER RIGHT OF WAY, THEREFORE, UM, AND SO AND SO THE REST OF IT WOULD BE WHATEVER THE LENGTH OF THE BACK PROPERTY LINE IS. GREAT. THANK YOU VERY MUCH. UH, MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. YOU HAVE ANY QUESTIONS? GET WITH STAFF . ALRIGHT. UH, NEXT ITEM [ Approval of Minutes  ] IS THE MINUTES. UH, I, I HAD SOME CHANGES THAT WERE, UH, HAVE BEEN, HAVE BEEN UPDATED. IS THERE ANY OTHER COMMISSIONER, UH, REVISIONS? I SUBMITTED SOME AS WELL. AND, AND I THINK THOSE HAVE BEEN ACCEPTED AS WELL. DID YOU, DID YOU CATCH, UH, COMMISSIONER MANEZ ON THE YES, THEY'VE BEEN CHANGED. OKAY. UH, JUST ONE, THE OTHER ONE WAS FINE. FINE. OKAY. SO LOOKING FOR A MOTION. I MOVE. COMMISSIONER KAPLAN? AYE, YOU'D LIKE TO SECOND, SECOND. SECOND BY COMMISSIONER CRUZ. UH, LET'S HAVE A ROLL CALL. UH, VOICE VOTE. ALL IN FAVOR? AYE. AYE. ANY OPPOSED? I ABSTAIN. I WAS ABSENT WITH ONE ABSTENTION. MOTION PASSES. GREAT. [ Director’s Report  ] NEXT IS THE DIRECTOR'S REPORT. UH, SO NEXT IS CONSIDERATION OF CANCELLATION FOR DECEMBER 19TH MEETING, UH, WE DID NOT HAVE ENOUGH CASES TO BRING FORWARD, UM, SO WE DID NOT, UH, PUBLISH. AND THEN, UH, SO WE OFFICIALLY NEED THE MEETING CANCELED. OKAY. , AND I NOTICED YOU PASSED AROUND THE NEW CALENDAR. SO 2023, THERE'S NO ACTION REQUIRED FOR THIS. WE ALREADY VOTED ON THIS CORRECTLY, CORRECT? RIGHT. I HAVE A QUESTION ON IT. YES. UM, ON MY CALENDAR I HAVE FEBRUARY 20TH AS PRESIDENT'S DAY. IS THAT A HOLIDAY? IT'S NOT A CITY HOLIDAY. IT'S NOT. OKAY. UNFORTUNATELY NOT. I SWEAR WE MET ON LABOR DAY ONE TIME. I DON'T KNOW WHY I KEEP THINKING THAT. , IT WAS WEIRD. THE BUILDING WAS LIKE EMPTY AND WE WERE IN HERE FOR SOME REASON. BUT, SO IF THERE'S, IS THERE ANY OTHER ANNOUNCEMENTS? ANYTHING Y'ALL NEED TO LET US KNOW BEFORE WE BREAK FOR THE HOLIDAYS? SO FROM THE DIRECTOR AND THE ASSISTANT DIRECTOR AND CHRISTIE AND ALL OF US, UH, WE'D LIKE TO THANK Y'ALL FOR YOUR EXTRA WORK. UH, WE, IN THE LAST THREE MONTHS, WE HEARD 29 CASES, UH, MORE THAN WE WERE SCHEDULED TO. UH, SO WE APPRECIATE THE, UH, EFFORT AND, UH, PATIENCE WITH US. WELL, THANK Y'ALL. Y'ALL WORK TOO. AND ALSO THANK US . YEAH, Y'ALL, YEAH. THANK Y'ALL VERY MUCH. I MEAN, SOMETIMES A A IT'S, IT'S SO MUCH EASIER FOR US. WE HAVE ACCESS TO SNACKS AND . WELL, YOU DO KNOW THAT HE DID SAY HE WOULD LIKE TO GO BACK TO A NORMAL 40, 50 HOUR TIME LIMIT. MAYBE THAT MIGHT HAPPEN NOW, RIGHT? WELL, GREAT. UM, OH, AND THEY SAID MERRY CHRISTMAS AND HAPPY NEW YEAR. OH, FANTASTIC. WELL, THANK Y'ALL. THANK Y'ALL VERY MUCH AND WE'LL SEE Y'ALL IN JANUARY. HEREBY, UH, UM, ADJOURN THE MEETING. IT IS 4 43. HAPPY HOLIDAYS. HAPPY HOLIDAYS. HAPPY. * 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.