* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:01] ALL RIGHT. IT'S ONE OH ONE. I'M GONNA CALL THIS MEETING OF THE BOARD OF ADJUSTMENTS TO ORDER. UH, CAN WE HAVE THE SPANISH INTERPRETER COME OUT AND GIVE THEIR PRESENTATION? EVERYONE? GOOD AFTERNOON, EVERYONE. UM, MY NAME IS GABRIELA TOLENTINO. SPANISH INTERPRETER S THE INTERPRET. THANK YOU VERY MUCH. UH, CAN WE HAVE ROLL CALL PLEASE? MR. SPIELMAN? PRESENT. MR. MENCHACA PRESENT. MS. LIND? PRESENT. MR. ZUNIGA? PRESENT. MR. MANNA? PRESENT. MS. KAPLAN? HERE. MS. BRAGMAN PRESENT. MR. UNA PRESENT. CHAIR ORIAN. AND I'M PRESIDENT. SO WE HAVE A QUORUM OF 10, AND IF EVERYONE COULD PLEASE BE KIND TO JOIN ME IN THE, UH, PLEDGE OF ALLEGIANCE, PLEASE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO BE TEXAS. ONE STATE UNDER GOD, ONE AND INDIVISIBLE. ALRIGHT, SO BEFORE WE PROCEED WITH TODAY'S CASES, I HAVE WANNA OFFER A FEW WORDS OF EXPLANATION. UH, THIS BOARD FOLLOWS AN AGENDA. IT'S AVAILABLE ONLINE. UH, THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND THE STREET ADDRESS FOLLOWING THE CONDITION, 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 A 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 PERTINENT TO THE RELEASE SOUGHT AND DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATOR AND 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 OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35, AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY OF THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE. IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT, AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT OR 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 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 HMM, UH, ON THE, WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISIONS OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL. SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT, DISTRICT OR COUNTY COURT AT LAW. BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S. DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS OF YOUR CASE. AND, AND ON THAT NOTE, WE DO HAVE 17 CASES OR ITEMS ON OUR AGENDA TODAY. SO THERE'S, UH, JUST AS A COURTESY TO THE MEMBERS, UH, TO YOUR FELLOW CITIZENS HERE IN THE GALLERY, AT LEAST KEEP EVERYTHING SUCCINCT AND, AND TO THE POINT IN GERMANE TO YOUR CASE. AND WE'LL GET THROUGH THIS AS QUICK AS, AS WE CAN. UH, STAFF. GOOD AFTERNOON. STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF REQUESTS. PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE FOR SPECIAL EXEMPTION AND PROPERTIES WITHIN 200 FEET OF THE SUBJECT PROPERTY CHECK MARKS INDICATE THOSE PROPERTY OWNERS THAT ARE IN FAVOR OF THE REQUEST AND X INDICATES THOSE PROPERTY OWNERS THAT ARE IN OPPOSITION FOLLOWING THIS PRESENTATION AND ANY OTHER QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST. FOR THOSE THAT SIGN IN TO SPEAK FOR OR AGAINST A PROPOSED VARIANCE [00:05:01] OR SPECIAL EXEMPTION, YOU'LL BE CALLED IN ORDER THAT YOU SIGN UP TO SPEAK. THOSE THAT SUPPORT OR OPPOSITION WILL BE ALLOWED A MAXIMUM THREE MINUTES PER SPEAKER AND YOU'RE NOT OBLIGATED TO UTILIZE A MAXIMUM TIME LIMITATION. FOR THOSE THAT WOULD LIKE TO GIVE UP THEIR TIME TO A SPEAKER, THE SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVING UP THEIR TIME FOR A TOTAL OF NINE MINUTES. THOSE GIVING UP THEIR TIME MUST BE PRESENT AND SIGNED IN TO SPEAK GROUPS CONSISTENT. THREE OR MORE CITIZENS WILL BE ALLOWED NINE MINUTES TO ADDRESS 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 AN OPPORTUNITY TO ADDRESS THE BOARD QUESTIONS. THANK YOU, CHAIRMAN. THANK YOU VERY MUCH. UH, LET THE MINUTE SHOW THAT AT 1 0 7 COMMISSIONER CRUZ IS, ENTER THE MEETING. AND, UH, STARTING WITH ITEM, THE FIRST ITEM IN THE AGENDA, BELIEVE WE HAVE, UH, MR. SPARROW GONNA GIVE US A BRIEF, UH, UPDATE ON S T R PERMIT POTENTIAL APPEALS. ALL RIGHT. GOOD AFTERNOON EVERYONE. LOGAN SPARROW, POLICY ADMINISTRATOR FOR DEVELOPMENT SERVICES DEPARTMENT. UH, I WILL BE BRIEF, UH, AS REQUESTED. I UNDERSTAND IT'S A LONG AGENDA. UM, BUT REAL QUICK, JUST WANTED TO GIVE YOU, UH, AN F Y I, UH, THAT WE HAVE, UH, RECENTLY BEGUN A PROCESS TO START REVOKING, UH, SHORT-TERM RENTAL PERMITS THAT ARE NON-COMPLIANT FOR A NUMBER OF REASONS. UH, THEY ARE OUTTA COMPLIANCE WITH SOME PORTION OF THE S T R ORDINANCE, MAINLY RELATED TO THE FAILURE TO REPORT REVENUES AND PAY THE ASSOCIATED HOTEL OCCUPANCY TAX. SO WE HAVE REVOKED, UH, BY THE END OF THE DAY, PROBABLY ABOUT 250 PERMITS. WE ARE ANTICIPATING A NUMBER OF APPEALS BEING FILED, UH, SEEKING TO OVERTURN STAFF'S DECISION. UH, AS OF THIS MORNING, ACTUALLY, I THINK WE ALREADY HAVE FOUR APPEALS FILED. SO WE WANTED TO GET BEFORE YOU, UH, GIVE YOU A HEADS UP THAT WE ANTICIPATE A NUMBER OF APPEALS COMING TO YOUR AGENDA, UH, NECESSARILY. THOSE STAFF REPORTS ARE GOING TO BE PRETTY BRIEF. UH, THEY'RE GOING TO SAY WHAT THE ORDINANCE REQUIRES, IT'S GOING TO DETAIL WHERE THE VIOLATION WAS. UM, AND IT'S OF COURSE GONNA HAVE STAFF'S RECOMMENDATION, UH, ASKING THAT YOU UPHOLD OUR DECISION. UH, ONE LAST THING THAT I, I DO JUST WANNA REMIND EVERYONE ON, WHEN YOU APPEAL AN ADMINISTRATIVE OFFICIAL'S DECISION, WHAT THE APPLICANT HAS TO ASCERTAIN IS THAT THE, IS THAT STAFF MADE AN ERROR. UM, YOU KNOW, WE'VE HEARD PLENTY OF STORIES FROM VARIOUS OPERATORS THAT, YOU KNOW, THIS OR THAT, OR UNFORTUNATE SITUATIONS OR MISUNDERSTANDINGS. BUT AT THE END OF THE DAY, THE APPEAL, UH, PER THE CODE NEEDS TO IDENTIFY WHERE CITY STAFF MADE AN ERROR IN MAKING THE DECISION TO REVOKE THAT PERMIT. UH, THAT'LL AGAIN, BE LAID OUT IN THE INDIVIDUAL STAFF REPORTS. UH, BUT REALLY THE PURPOSE TODAY IS SIMPLY TO GIVE YOU, UH, A HEADS UP, UH, THAT WE DO ANTICIPATE A NUMBER OF AGENDA ITEMS COMING DOWN THE PIPELINE, UH, TO APPEAR BEFORE YOU. OKAY. UH, THANK YOU. AND I, I WOULD JUST LIKE TO, I DON'T WANT TO DRAG THIS OUT TOO MUCH, BUT I WOULD LIKE TO SAY IF THERE'S ANY NOTIFICATION REQUIREMENTS THAT MAYBE WE NEED TO BE AWARE OF. 'CAUSE I'M, SO, I, I WILL SAY THAT GENERALLY WHAT THE ORDINANCE REQUIRES, UH, RELATED TO THE HOTEL OCCUPANCY TAX IS THAT YOU FALL INTO A DELINQUENT STATUS IF YOU'RE MORE THAN 90 DAYS FAILURE TO REPORT AND PAY, UH, THE FINANCE DEPARTMENT, ALL THE PERMITS FOR WHICH WE HAVE REVOKED FINANCE DEPARTMENT HAS MAILED THEM A LETTER SAYING, YOU ARE DELINQUENT. YOU HAVE CERTAIN AMOUNT OF TIME TO COME INTO COMPLIANCE, OR YOUR PERMIT WILL BE REVOKED. UH, THE FOLKS THAT WE HAVE REVOKED PERMITS FOR ARE MORE THAN 90 DAYS DELINQUENT, HAVE RECEIVED THAT NOTICE AND HAVE STILL NOT COME INTO COMPLIANCE WITH THAT REPORTING. OKAY. THANK YOU. NOW, DO, DO THE APPLICANTS HAVE A CERTAIN AMOUNT OF TIME WHICH THEY HAVE TO APPEAL BY? ARE WE GONNA SEE THESE CASES ALL WITHIN A CERTAIN 30 DAY OR SO? THEY HAVE 20 DAYS TO FILE. THAT WAS ACTUALLY A STATE LAW THAT WAS PUT IN BACK IN 2019, I BELIEVE. BUT THERE IS NO TIME LIMIT ON HOW QUICKLY WE CAN GET THEM TO THE BOARD. SO IF WE DO SEE AN INFLUX, YOU KNOW, OF LOTS AND LOTS, WE HAVE TIME TO GET THEM SCHEDULED. THEY JUST HAVE TO FILE THE APPLICATION WITHIN 20 DAYS. NOW, WHAT, WHAT IF THE APPLICANT DIDN'T HAVE ANY HOSTS, ANY, ANY, UM, YOU KNOW, SHORT TERM RENTAL TENANTS WOULD, WOULD YOU KNOW THAT TO SHOW THAT THEY DIDN'T RECEIVE ANY INCOME? MM-HMM. , THE ASSUMPTION IS THAT THEY, RIGHT. SO YEAH, THE ORDINANCE ACTUALLY REQUIRES THAT EVEN IF YOU HAD ZERO INCOME IN A GIVEN MONTH, YOU STILL HAVE TO REPORT ZERO EARNINGS. THAT IS ONE OF THE, THE REQUIREMENTS OF HOLDING THE PERMIT. GOT IT. AND THEN WE CONTRACT WITH A THIRD PARTY COMPANY THAT GIVES US ACCESS TO HOW, UH, INFORMATION, LIKE HOW OFTEN THEY RENTED THE REVENUES THAT WERE GENERATED BY THAT RENTAL. UH, SO WE HAVE ACCESS TO A TREASURE TROVE OF INFORMATION, UH, AS IT COMES TO INDIVIDUAL OPERATIONS FOR THOSE SHORT-TERM RENTALS. AND DO YOU ANTICIPATE, UH, NEEDING AN EXTRA MEETING OR SOMETHING IF YOU GET THAT MANY, UH, APPLICA APPEALS? NOT AT THIS POINT IN TIME. UM, BUT I CAN TELL YOU THAT PER THE FINANCE DEPARTMENT, THERE ARE OVER A THOUSAND SHORT-TERM RENTALS THAT ARE DELINQUENT [00:10:01] IN THEIR HOTEL OCCUPANCY TAX. UH, SO THAT SOUNDS LIKE THAT MAY BE REQUIRED PROTECTION. RIGHT. JUST A QUICK QUESTION. SO HOW MANY SHORT-TERM RENTALS ARE THERE? SO IF WE'RE TALKING ABOUT 250 RIGHT NOW, OUT OF A THOUSAND MM-HMM. AND A THOUSAND BEING WHAT PERCENTAGE OF THE, OF THE TOTAL? SO WE HAVE 3,300 ACTIVE REGISTERED SHORT-TERM RENTALS IN THE CITY. UM, WE'RE WORKING WITH OUR THIRD PARTY COMPANY TO GET A LITTLE MORE CLARIFICATION, BUT IT LOOKS LIKE THERE MAY BE AS MANY AS 5,200 OPERATING. UM, SO LOTS OF PROPERTIES THAT WE HAVE TO REACH OUT TO TO BRING THOSE INTO COMPLIANCE. GREAT. UH, COULD YOU TELL US WHAT, COULD YOU, UH, QUANTIFY TYPE ONES AND TYPE TWOS? WE, WE CAN, YEAH. WE, WE CERTAINLY HAVE ACCESS TO WHAT TYPE OF PERMIT THEY HOLD, WHETHER IT WAS THAT OWNER OCCUPIED TYPE ONE OR NON-OWNER OCCUPIED TYPE TWO COMMISSIONER Z. DID YOU? YEAH. AND, UH, WHO'S REVIEWING THIS? UH, UM MM-HMM. DELINQUENT OR, YOU KNOW, I MEAN, VIOLATIONS. IS THERE A COMMITTEE ALREADY ESTABLISHED OR THE, UH, IT, SO IT IS REALLY A JOINT EFFORT BETWEEN DEVELOPMENT SERVICES DEPARTMENTS. SO LAST MONTH, UH, WE ACTUALLY CREATED A STANDALONE TEAM HERE AT D S D, UH, HEADED BY, UH, MONIQUE MERCADO, WHO'S HERE TODAY TO KIND OF HEAD UP THE, THE A HUNDRED PERCENT OF THE FOCUS ALL DAY, EVERY DAY IS SHORT TERM RENTALS. UH, WE WORK VERY CLOSELY WITH STAFF AT THE CITY'S FINANCE DEPARTMENT. WE'RE KIND OF THE PERMIT END. THEY'RE THE, THE TAX COLLECTION END OF THE EQUATION. UH, SO WE WORK VERY CLOSELY TOGETHER. THEY FEED US INFORMATION VICE VERSA, AND THAT'S WHERE WE'RE ABLE TO GET THE, THE LIST OF PROPERTIES THAT ARE DELINQUENT. OKAY. KAPLAN, CAN I ASK A QUESTION? YES. OKAY. UM, DO THESE PEOPLE, UM, ONCE THEY'VE HAD THEIR, IF THEY'VE HAD THEIR PERMIT REVOKED, DO THEY GET LIKE A, UH, FIRST UH, CALL ON THAT PERMIT TO COME BACK? LET'S SAY THEY, THEY DIDN'T PAY, BUT THEN THEY DECIDE TO PAY ONCE YOU REVOKE THE PERMIT. UM, DO THEY GET FIRST PRIORITY OVER THE NEXT PERSON WHO'S PROBABLY WAITING FOR THAT PERMIT? NO, THEY DO NOT. WHAT, WHEN A PERMIT IS REVOKED FOR VIOLATION OF THE ORDINANCE, THERE'S ACTUALLY A ONE YEAR PENALTY, UH, ON THAT OWNER AND OPERATOR. SO LET'S SAY WE WERE IN A SITUATION WHERE, YOU KNOW, IT WAS A, A BLOCK FACE. THEY WERE THE FIRST TYPE TWO PERMIT TO COME IN ON THAT, WE REVOKED IT, IT WOULD ENABLE ANOTHER PROPERTY OWNER ON THAT SAME BLOCK FACE TO APPLY AND, AND RECEIVE THAT PERMIT. WE WOULD NOT TELL SOMEONE, YOU'RE NOT ALLOWED TO APPLY BECAUSE SOMEONE'S SERVING A ONE YEAR PENALTY. AND THAT, AND THAT ONE YEAR FROM THE DATE OF REVOCATION, NOT THE DATE OF, OF WHERE THE EVENT THAT CAUSED THE REVOCATION. CORRECT. ONE YEAR FROM THE DATE OF REVOCATION NOTICE. ALRIGHT. THANK YOU. THANK YOU. WELL, THAT'S IT. I, I, I WILL ALSO OFFER, I, I KNOW THAT THIS IS A COMPLEX TOPIC. IF THE BOARD IS INTERESTED, WE CAN PUT TOGETHER A, A LONGER WORK SESSION. YOU KNOW, WE CAN GO INTO THE TOBIN ROOM IF THERE'S, IF THERE'S ADDITIONAL INFORMATION YOU WOULD LIKE TO HAVE OR A PRESENTATION YOU'D LIKE TO RECEIVE, I'M MORE THAN HAPPY TO PUT THAT TOGETHER FOR THE, FOR THE BOARD. I THINK JUST TO KEEP, UH, THOSE SORT OF APPEALS MOVING. SO THE KIND OF QUESTIONS WOULD BE OF, OF THE, THE TECHNICAL ADMINISTRATIVE THINGS, LIKE YOU HAD MENTIONED THAT IF THERE WAS NO INCOME, THEY STILL HAD A REPORT. CORRECT. CAN SOMEONE DO A REPORT AND SAY, HEY, FOR THE NEXT FOUR MONTHS, I'M NOT GONNA HAVE INCOME? DOES THAT COUNT? OR DOES IT HAVE TO BE EVERY 30 DAYS? THAT'S THE KIND OF STUFF THAT WE PROBABLY WANT TO HEAR. YEAH, IT DOES, DOES CERTAINLY REQUIRE THAT EVERY 30 DAYS, MONTHLY REPORTING. BUT AGAIN, YOU DON'T FALL INTO DELINQUENT STATUS UNTIL YOU'RE 90 DAYS LATE. SO EVEN IF IT SLIPPED YOUR MIND FOR A MONTH OR TWO, YOU STILL HAVE AN OPPORTUNITY TO GO BACK, REPORT THOSE EARNINGS BEFORE YOU ENTER DELINQUENT STATUS. THAT, THAT'S THE KIND OF STUFF THAT WE WANNA BE SUPER CLEAR ON. SO. YEP. ALRIGHT. WELL, THANK YOU SO MUCH. GREAT. APPRECIATE YOUR TIME. THANK YOU. SO WE'RE GOING, UH, ITEM NUMBER TWO WAS POSTPONED, AND WE'LL GO ON TO ITEM NUMBER THREE. LOCATED AT THREE 30 WEST HERMOSA DRIVE IS THE, UH, APPLICANT MRS. ANN COSTA PRESENT. OKAY, STAND BY. ALL RIGHT, GO AHEAD REBECCA. JUST WANNA MAKE SURE. HI, GOOD AFTERNOON. ITEM NUMBER THREE IS FOR CASE BO O A DASH 22 DASH 0 3 2 5. LOCATED AT 3 3 0 WEST OSA DRIVE WITHIN COUNCIL DISTRICT ONE, THE APPLICANT BEING ANNA, UH, COSTA SLASH DATELAND LLCS AND APPEAL OF THE PRINCIPAL PLANNER'S PHYSICIAN OF DENIAL OF AN NON-CONFORMING USE REGISTRATION FOR DWELLING TWO FAMILY LOCATED AT 3 3 0 WEST HERMOSA DRIVE. THE PROPERTY IS OWNED, R FIVE RESIDENTIAL SINGLE FAMILY DISTRICT. THE APPLIC APPLICABLE CODE REFERENCES COME FROM ARTICLE SEVEN, DIVISION ONE OF THE UNIFIED DEVELOPMENT CODE, WHICH COVERS NON-CONFORMING. SECTION 35 DASH 7 0 1 PROVIDES THE PURPOSE OF NON-CONFORMING AND STATES THAT [00:15:01] NON-CONFORMING USE THAT WAS RECOGNIZED PRIOR TO THE ADOPTION OF THIS CHAPTER, WHICH IS THE 2001 U D C SHALL CONTINUE TO OPERATE UNDER PROVISION OF LAW UNDER THE, WHICH THE NON-CONFORMING USE IS RECOGNIZED. ADDITIONALLY, SECTION 35 DASH 7 0 2 A ONE AND B ONE PROVIDE THE DEFINITION AND LIMITATIONS OF NON-CONFORMING USES. WHAT SHOULD BE NOTED IS THAT THESE PROVISIONS STATE THE LAWFUL USE OF LAND DEVELOPMENT SERVICES ISSUES. NON-CONFORMING USE NOTIFICATION OF DECISION LETTERS, WHICH COMPLIES WITH SECTION 35 DASH 7 0 5. CERTIFICATE OF NON-CONFORMING. THE APPLICANT CAN APPEAL THE DETERMINATION OF DENIAL, WHICH IS HEARD BY THE BOARD OF ADJUSTMENT. OTHER APPLICABLE CODE REFERENCES INCLUDE SECTION 35 3 11 AND TABLE 3 11 1. THE PROPERTY IS LOCATED IN A RESIDENTIAL NEIGHBORHOOD NEAR SAN PEDRO AVENUE AND WEST HILDEBRAND AVENUE. THE PROPERTY HAS A SINGLE FAMILY RESIDENCE AND A DETACHED STRUCTURE. THE PRIMARY STRUCTURE WAS BUILT IN 1950, WHICH AT THE TIME HAD A ZONING DESIGNATION OF A SINGLE FAMILY RESIDENCE DISTRICT UNDER THE 1938 ZONING CODE. THIS DISTRICT ONLY ALLOWED A MAXIMUM OF ONE DWELLING UNIT. WITH THE ADOPTION OF THE 2001 U D C. THE PROPERTY CONVERTED TO THE CURRENT R FIVE RESIDENTIAL SINGLE FAMILY DISTRICT. THE MAXIMUM NUMBER OF DWELLING UNITS PERMITTED DID NOT CHANGE THE ESTABLISHMENT OF MORE THAN ONE UNIT WOULD REQUIRE REZONING. R FIVE DOES ALLOW AN ACCESSORY DETACHED DWELLING UNIT OR AN A D D U PURSUANT TO SECTION 35 DASH 3 71. ONE OF THE A D D U REQUIREMENTS IS THAT THE PROPERTY OWNER MUST OCCUPY EITHER THE PRINCIPAL UNIT OR THE ACCESSORY DWELLING UNIT. IT SHOULD BE NOTED THAT BOTH UNITS CURRENTLY ARE BEING RENTED AND ARE, ARE NOT OWNER OCCUPIED. C P S ENERGY DID CONFIRM THAT THE DETACHED STRUCTURE HAD A METER INSTALLED IN OCTOBER, 2001. DURING THAT TIME, A METER ON AN A D D U WAS NOT PERMITTED AND APPEARS TO HAVE BEEN INSTALLED ERRONEOUSLY. ADDITIONALLY, THE ADDRESSING DIVISION AT DEVELOPMENT SERVICES DEPARTMENT STATED THAT DO NOT HAVE RECORD OF THE ADDRESS OR ADDRESS ASSIGNMENT OF 3 3 2 WEST HERMOSA. ON JANUARY 2ND, 2022, CODE ENFORCEMENT INVESTIGATED PROPERTY BECAUSE IT WAS IN VIOLATION OF THE R FIVE ZONING. DISTRICT CODE ENFORCEMENT REVISITED THE PROPERTY MONTHS LATER AND NOTICED IT REMAINED IN VIOLATION. THE APPLICANT SUBMITTED THE NON-CONFORMING USE REGISTRATION APPLICATION IN JUNE, 2022. FOLLOWING THE CODE INVESTIGATION, THE N C U WAS TO REGISTER TWO FAMILY UNITS, WHICH WAS DENIED. UM, NOTE THAT THERE ARE NO PERMITS ON FILE FOR THIS PROPERTY, AND WE DID CHECK OUR CURRENT SYSTEM AND OUR OLD SYSTEM, WHICH DATES BACK TO ABOUT 2003. UM, THE, SO AS FAR AS CODE VIOLATIONS, THERE WERE THREE CASES THAT WERE OPENED BECAUSE OF THE SONY SINGLE FAMILY RESIDENCE DISTRICT. THE FIRST ONE WAS OPENED DECEMBER 31ST, 2021. THE NEXT ONE WAS MARCH 23RD, 2022, BECAUSE THE PROPERTY REMAINED IN VIOLATION. THE NEXT ONE, UM, IS FOR AN ADMINISTRATIVE HEARING, WHICH IS SET TO BE HEARD ON JANUARY 17TH OF THIS YEAR. SO THIS IS THE, UH, PHOTO OF THE SUBJECT PROPERTY, AND THEN YOU'LL SEE THE DETACHED STRUCTURE TO THE RIGHT, THE REAR RIGHT SIDE. THIS IS THE DETACHED STRUCTURE IN QUESTION, THE TWO MAILBOXES. HOWEVER, AS I MENTIONED EARLIER, UM, D S D ADDRESSING DIVISION DOES NOT HAVE RECORD OF 3 3 2 WEST HERMOSA, THE TWO METERS THAT ARE ON THE PROPERTY. SO THE BOARD OF ADJUSTMENT IS TO DETERMINE WHETHER THE DENIAL OF THE NON-CONFORMING IS WARRANTED PER SECTION 35 DASH 7 0 1, 7 0 2, SECTION 35 3 11, AND TABLE 3 11 1. SHOULD THE BOARD REVERSE STAFF'S DECISION AND APPROVE THE, UH, UH, APPEAL, THEN THE OWNER WILL BE AUTHORIZED TO MAINTAIN TWO DETACHED DWELLING UNITS ON THE PROPERTY. STAFF CONCLUDES THAT THE DENIAL OF THE NON-CONFORMING IS A SUITABLE COURSE OF ACTION BECAUSE, ONE, THE USE WAS NOT LAWFULLY ESTABLISHED. AND TWO, BECAUSE THE DISTRICT DOES NOT PERMIT THE USE OF TWO FAMILY DWELLING UNITS. WE MAILED OUT 27 NOTICES. WE RECEIVED ZERO IN FAVOR FOR AN OPPOSITION, AND WE DID NOT RECEIVE A RESPONSE FROM EDISON NEIGHBORHOOD ASSOCIATION. THIS DUST CONCLUDE STAFF'S PRESENTATION. AND WE HAVE THE OWNER HERE PRESENT TO ANSWER QUESTIONS. OKAY. I NEED TO MAKE SOME, UH, CLARIFICATION, ASK SOME CLARIFICATION QUESTIONS. SO, WHAT'S BEFORE TODAY IS WHETHER IT'S TWO DIFFERENT UNITS, BUT THERE'S NOTHING AGAINST IT BEING AN A D D U, RIGHT? THAT'S CORRECT. SO AN A D D U IS PERMITTED, HOWEVER, THE REASON WHY THIS IS BEING BROUGHT TO THE BOARD IS BECAUSE THEY'RE RENTED. THE TWO UNITS ARE BEING RENTED OUT TO, UH, INDIVIDUALS AND THE PROPERTY UNIT DOES NOT RESIDE THERE, WHICH MAKES IT A TWO FAMILY DWELLING, UH, PROPERTY. AND WE HEARD DISCUSSION ABOUT THE ADDITIONAL C [00:20:01] P SS METER WITH THE U D C CHANGE THAT WENT INTO EFFECT JANUARY 1ST. DOES ANY OF THAT GET CHANGED? ONLY IF THE PROPERTY OWNER RESIDES THERE, THEN SHE CAN RENT OUT THE BACK UNIT AND THEY CAN HAVE A SEPARATE METER. THAT'S NO ISSUE GIVEN THE AMENDMENTS. HOWEVER, IN THIS SITUATION, THE PROPERTY OWNER DOES NOT LIVE THERE. ALL RIGHT. THANK YOU VERY MUCH. THANK YOU. I WAS HEAR FROM THE APPLICANT. CAN I, CAN I, OH YES. COMMISSIONER ZUNA. SO TWO, TWO QUESTIONS. ONE IS THAT, UM, GIVEN THAT THIS BOARD DOESN'T HAVE THE ABILITY FOR ANY ZONING CHANGES, IF THE, IF THE VARIANCE, IF THIS WAS TO BE APPROVED, THE APPLICANT WOULD HAVE TO RESIDE IN ONE OF THE UNITS CORRECT. TO BE ABLE TO HAVE THE ACCESSORY DWELLING UNIT TO BE, YES. UM, I BELIEVE THAT HER INTENTIONS THOUGH, ARE TO CONTINUE RENTING OUT BOTH UNITS, WHICH, IF THE DENIAL IS, UM, WHAT Y'ALL, Y'ALL DECIDE ON, THEN THE NEXT COURSE OF ACTION WOULD BE FOR THE PROPERTY OWNER TO REZONE THE PROPERTY TO ALLOW FOR TWO UNITS. OKAY. SO IF FOR SOME REASON THIS BOARD WERE TO AGREE WITH THE APPLICANT, IT DOES NOT CHANGE THE ZONING? IT THAT'S CORRECT. SO IT WOULD, SHE WOULD HAVE TO, UM, REMAIN ON THE, WELL, LEMME CLARIFY. LET ME, SO IF YOU APPROVE THIS, YOU ARE ESSENTIALLY SAYING THE NON-CONFORMING SHOULD HAVE BEEN APPROVED BY US. SO SH THE ZONING'S NOT GONNA CHANGE, BUT THE NON-CONFORMING WILL BE APPROVED FOR TWO UNITS. OKAY. NOT COUNTING ANY ACCESSORY DWELLING. GOT IT. SO WITH THE NON-CONFORMING, THEN THEY WOULD NOT HAVE TO COMPLY WITH THE CON THE CURRENT ZONING BECAUSE OF THE NONCONFORMING USE OF THE PROPERTY AS A, IF, IF IT IS APPROVED BY THE BOARD? YES, SIR. ALL RIGHT. OKAY. THANK YOU. THANK YOU. HI. HI. HI. IF YOU PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE. YES, ANNA COSTA, UH, FROM DAYLAN, L L C. UM, SO WHEN WE BOUGHT THE PROPERTY, WE NEVER THOUGHT THAT I WAS GONNA COME HERE. AND, UM, WE THOUGHT THAT THE PROPERTY WAS, UH, TWO UNITS BECAUSE IT HAD EVERYTHING WAS THERE. I MEAN, WE NEVER CHANGED ANYTHING, SO WE NEVER THOUGHT THAT, YOU KNOW, IT WAS A ONE FAMILY. SO WE, WE RENTED TO BOTH FAMILIES BECAUSE THERE WAS TWO ADDRESSES THERE. OKAY. SO I NEVER THOUGHT THAT, YOU KNOW, UNTIL, UM, WE GOT A NOTE SAYING, AND THEN I STARTED INVESTIGATING. I CAME HERE A COUPLE OF TIMES TO INVESTIGATE. THERE WAS NOTHING ON IT. AND THEN WE KIND OF UNDERSTOOD IT AFTER THAT, I GO, OKAY, I SEE WHAT'S HAPPENING, YOU KNOW, SO. OKAY. AND DO YOU UNDERSTAND WHAT STAFF'S POSITION IS? IS THAT YEAH. THEY WANT YOU TO RESIDE THERE MM-HMM. . AND THEY'RE NOT SAYING, THEY'RE NOT SAYING YOU CAN'T HAVE THIS, UH MM-HMM. DWELLING IN THE BACK, BUT YOU DO HAVE TO RESIDE ON THE PROPERTY. YES. UNFORTUNATELY, I CANNOT RESIDE BECAUSE I HAVE MY OWN HOUSE. UM, SO IN THE HOUSE, I MEAN, I HAVE, MY FAMILY'S MUCH BIGGER THAN WHAT FITS IN THE HOUSE. SO, UM, SO I WAS TALKING TO REBECCA AND SHE'S VERY HELPFUL UNDER ME UNDERSTANDING WHAT IS GONNA HAPPEN. SO I'M WILLING TO DO THE REZONING, UM, AND I JUST WANNA KNOW IF THAT'S NOT APPROVED, WHAT IS LEFT TO DO? SHOULD I REMOVE BOTH FAMILIES FROM THERE? AND THEN CAN I STILL RENT THE HOUSE? WELL, HAVE YOU ALREADY APPLIED FOR A CHANGE OF ZONING? I KNOW, I HAVE NOT. I WAS GONNA COME HERE FIRST THEN. OKAY. SO STAFF, IF, IF SHE WERE TO APPLY FOR A CHANGE OF ZONING, DID, IS IT, WHAT DO Y'ALL DO? DO Y'ALL JUST PUT A PAUSE IN THE CO COMPLIANCE? SO THAT GOES THROUGH LIKE YOU WOULD WITH I, FOR US? SO, SO USUALLY CO COMPLIANCE PAUSES THEIR ACTIONS. USUALLY, I DON'T WANNA SPEAK FOR THEM. THEY PAUSE. SO SHE APPLY FOR A CHANGE OF ZONING. THEY, WE TELL THEM WHEN THE, THE, UH, MEETING SHOULD END, AND THEN THEY KIND OF FOLLOW UP AFTERWARDS. UM, AND JUST TO CLARIFY, UM, SO ZONING DOES NOT WANT, LIKE WE WE'RE NOT ASKING HER TO MOVE BACK IN THERE. MM-HMM. , ALL WE DID IS MAKE A DETERMINATION ON THE TWO. NO, I UNDERSTAND. MM-HMM. , I JUST, I JUST WANTED TO CLARIFY THAT IF, IF THIS GETS DENIED TODAY, UH, THAT HER, HER NEXT RECOURSE WOULD BE TO APPLY FOR A CHANGE OF ZONING, AND THAT IS CORRECT, SIR. AND STAFF WOULD JUST PAUSE THAT, THAT WOULD STILL OCCUR A PAUSE, UH, CO AGAIN, I DON'T WANNA SPEAK FOR CO COMPLIANCE. OKAY. BUT THAT'S USUALLY WHAT THEY DO DURING THE ZONING RELOADING CASE. MANA. YEAH. I WAS INVESTIGATING AND I, WE, I EVEN WENT TO THE U S P S AND THEY SAID, UM, THAT THE ADDRESS OF 3 3 2 WEST HERMOSA WAS ACTUALLY AN ADDRESS IN THEIR ROUTE. WELL, I, I ADDRESS SOMETIMES ADDRESS THE CITY DE DELEGATES DRESSING AND THE CITY LIMITS. IT'S JUST THAT SOMETIMES THE POST OFFICE OVER TIME HAS A HABIT OF POP ADDRESSES POP UP HERE AND THERE, ACCORDING TO THE CITY. AND THEY SAID THEY CAN, I ASKED HIM FOR A LETTER. I ASKED, CAN YOU, CAN YOU TELL ME IN A LETTER? SO THAT WAY I, I KNEW I HAD THE MEETING COMING AND THEY'RE LIKE, I AM UNABLE TO DO THAT, TO PROVIDE YOU A LETTER. AND I SAID, IF IT'S PART OF YOUR ROUTE, YOU NEED TO GIMME A LETTER SAYING SO I CAN PROVE THAT I CAME HERE. AND THEN I TALKED TO YOU AND IT'S, AND THEY SAID BASICALLY, AND I QUOTE, UH, THE CITY GIVES US, THE CITY'S THE ONE THAT PROVIDES ME WITH THE ADDRESSES. THAT'S CORRECT. AND [00:25:01] WHEN I TALKED TO REBECCA, SHE'S LIKE, I HAVE NO RECORD OF THAT BEING ADDRESS. I MEAN, YEAH, YOU IMAGINE. SO HOW CONFUSED I AM BECAUSE, AND AND ADDRESSING IS MORE THAN JUST A CITY TELLING YOU A NUMBER. THEY GOTTA VERIFY WITH A 9 1 1. THEY GOTTA MAKE SURE THAT YOU'RE MEETING CERTAIN REQUIREMENTS. I MEAN, IT'S THE PROCESS. SO, YES. UH, IS, UH, WITH THAT, IS THERE ANY, UH, QUESTIONS FOR THIS APPLICANT? YES. BRAGMAN COMMISSIONER, UM, ZUNIGA, AND THEN BRAGMAN. OKAY. THIS IS, THIS IS THE STAFF. THERE IS NO GUARANTEE THAT SHE, THAT SHE, EVEN IF SHE GOES TO ZONING AND GETS THE ZONE CORRECTLY, THAT SIT HERE NOT LEGALLY ESTABLISHED, IT DOESN'T MEAN THAT SHE'S GONNA GET, YOU KNOW, I MEAN THE NON-CONFORMING USE, IS THAT CORRECT? SO IF SHE APPLIES FOR REZONING D THE NON-CONFORMING BECOMES OBSOLETE BECAUSE SHE WOULD BE GRANTED TWO UNITS. IF CITY COUNCIL APPROVES HER REZONING, THEY APPROVE THE ZONING, THEN UH, SHE WOULD BE ELIGIBLE FOR NON-CONFORMING. THE, THE NON-CONFORMING WOULD KIND OF GO AWAY. IT WOULD BE IRRELEVANT AT THAT POINT. OKAY. SECONDLY, UH, THERE'S TWO ADDRESSES THAT SHE SAID. IT SAID ON THE SAME LOT, THE LEGAL DESCRIPTION, THE, THE TWO BUSINESS. CORRECT? UH, WELL ON THE, THE LEGAL DESCRIPTION IS ONE LOT. SHE DOES HAVE, UH, IF YOU LOOK AT THE PICTURES, AND SHE DOES HAVE TWO MAILBOXES. IT DOES HAVE TWO SEPARATE NUMBERS ON THERE. UH, WE JUST COULDN'T FIND ANY RECORDS ON WHEN THAT WAS ESTABLISHED, UM, WHEN WE DID OUR RESEARCH. BUT THAT'S ON THE SAME LOT. CORRECT. SAME LOT THAT CAN BE DONE. THAT'S THE PORTION THAT WE COULD NOT VERIFY. WE, WE DO NOT THINK IT WAS DONE CORRECTLY BECAUSE THIS WAS NEVER ZONED TO HAVE TWO UNITS. THANK YOU. COMMISSIONER BRAGMAN. UM, SO IT APPEARS THAT YOU PURCHASED THE, UH, PROPERTY IN, UH, 2019. IS THAT CORRECT? DECEMBER, MM-HMM. . OKAY. UM, AND WHEN YOU PURCHASED IT, YOU WOULD'VE GONE TO A TITLE COMPANY? PROBABLY GOT A TITLE. I DID EVERYTHING. I DID IT AND NOTHING WAS, NOTHING WAS SAID. NOTHING WAS MENTIONED. AND I AM NOT GONNA LIE TO YOU, I DIDN'T PUT THOSE MAILBOXES THERE. I MEAN, I ASSUME THE NUMBER IN THE HOUSE WAS, I JUST PAINTED THE HOUSE. THAT'S ALL I DID. 'CAUSE THE HOUSE WAS IN A VERY GOOD CONDITION, AND ALL I DID WAS JUST PAINT IT. 'CAUSE THE PAINT WAS, AND I MEAN, NOTHING WAS DONE IN THE HOUSE, NOTHING WAS ADDED. THAT'S WHAT I MEAN. OKAY. YOU KNOW, SO, SO WHEN YOU PURCHASED THE PROPERTY, DID THE TITLE OR THE CONTRACT SPECIFY BOTH OF THOSE ADDRESSES OR JUST ONE ADDRESS? UM, I'M SORRY. I CANNOT, I DON'T, I DON'T KNOW. UM, BECAUSE I MEAN, I WOULD ASSUME YES. UM, BUT I THINK THE, THEY, THEY MENTIONED ONLY 3, 3 0. I'M NOT SU I'M NOT SURE. I DON'T, I JUST DON'T REMEMBER. THAT'S A GOOD QUESTION FOR ME TO GO BACK AND SEE THE TITLE, THE SETTLEMENT STATEMENT, AND SEE. AND WE, UM, WE ACTUALLY, WE DID TWICE BECAUSE WE BOUGHT THE PER, WE PURCHASED THE HOUSE AND THEN, UM, THE INITIAL WAS FOR MY MOTHER-IN-LAW TO MOVE IN. AND, UM, SHE GOT VERY SICK, SO SHE HAD TO MOVE IN WITH US. SO WE REFINANCED THE HOUSE AND WE PUT IT UNDER THE COMPANY'S NAME BECAUSE WE WANTED TO RENT IT. UM, SO THAT'S ALL. WELL, THE INITIAL WAS FOR HER TO MOVE IN, UM, BUT UNFORTUNATELY SHE COULDN'T DO THAT, SO WE JUST HAD TO RENT IT OUT. AND I DIDN'T KNOW THAT IT WAS GONNA CAUSE SO MUCH ISSUE. SO COMMISSIONER MANNA. SO THE QUESTIONS FOR CITY STAFF, UM, REGARDING THE RENTAL, THIS PROPERTY REGARD, IF, IF THE BOARD WAS TO CHOOSE, UH, I GUESS TO AGREE WITH THE, UH, DECISION FOR DENIAL, THEY WOULD STILL BE ABLE TO RENT OUT ONE OF THE PIECES OF THE PROPERTY, UH, WITHOUT LIVING THERE. CORRECT. SO IF YOU APPROVE, UM, THE APPLICANT, THEN NO, THEY CAN, SO IF WE DON'T APPROVE WITH THE APPLICANT, SO BASICALLY DENY. SO THEY WOULD STILL BE ABLE TO RENT OUT A PROPERTY THERE AT THAT? ONLY IF THE PROPERTY OWNER LIVES THERE? NO, HE'S, HE'S, OH, I'M SORRY. YEAH, THEY CAN RENT OUT THE, YOU, YOU, I'M SORRY. YES. THEY CAN RENT OUT ONE, UH, UNIT ON THERE. THEY JUST CAME AROUND THE SECOND ONE. YES. KAPLAN COMMISSIONER, COMMISSIONER KAPLAN. UM, I ASSUME TOO THAT IF WE DENY THEM, THEY COULD ALSO RENT IT OUT FOR STORAGE OR SOME OTHER PURPOSE THAT'S NOT WITH PEOPLE. MM-HMM. TO SOMEBODY ELSE IF THEY NEEDED TO. YOU TALKING ABOUT THE ACCESSORY DWELLING IN THE BACK USING AS STORAGE? YES, I AM. SO, UM, YES MA'AM. YOU'RE CORRECT. YEAH. OKAY. I HAVE A QUESTION. YES. COMMISSIONER SPIELMAN, UM, WHEN YOU PURCHASED THE PROPERTY, DID YOU PURCHASE IT THROUGH A, A, YOU KNOW, M L S REALTOR? MM-HMM. [00:30:01] ? YES. OKAY. AND YOU WENT THROUGH A TITLE AND EVERYTHING ELSE. OKAY. AND, AND WHEN YOU HAD THE CONTRACT THOUGH, DID IT SAY THAT IT WAS A DUPLEX? 'CAUSE THE CONTRACT SHOULD SAY IF IT'S A SINGLE FAMILY OR A MULTI-FAMILY? NO, THE, THE CONTRACT DIDN'T SAY THAT. OKAY. MM-HMM. ALL RIGHT. NO, I DID NOT. COMMISSIONER ZUNA. SO ON THE NOTIFICATION PLAN, WE SEE THAT FOUR OF YOUR NEIGHBORS ARE OPPOSING THE MM-HMM. , UM MM-HMM. , THE, THE VARIANCE RIGHT HERE. HAVE YOU TALKED TO THE NEIGHBORS OR ANY CORRESPOND WITH THEM? I, I'M VERY, UH, THERE'S A OLDER LADY RIGHT NEXT. SHE'S LIVED THERE ALL HER LIFE AND I TALK TO HER A LOT. UM, BUT THE NEXT DOOR NEIGHBOR, UM, THEY'RE RENTING, SO I DON'T KNOW WHO THE OWNER IS AND I'M NOT SURE IN THE FRONT, UM, I THINK THERE'S A LOT OF RENTAL PROPERTIES, BUT THE NEXT DOOR NEIGHBOR HAS LIVED ALL HER LIFE THERE. AND I TALK TO HER QUITE A LOT WHEN I PASSED BY. YEAH. SHE'S STILL OPPOSING THE, UH, UM, I'M NOT SURE IF SHE DID. I DON'T KNOW. YOU SEE THE I SAW THAT. YEAH. UH, THOSE ARE THE FRONT. THAT'S, NO, THAT'S NOT HER. I HAVE NOT TALKED TO THEM. OKAY. STAFF, IS THERE ANY PUBLIC COMMENTARY ON THIS? THERE'S NO PUBLIC COMMENT. ALRIGHT. WELL, UM, IF THERE'S ANYTHING ELSE, UH, WE CAN, UH, I DO HAVE A QUESTION. YES. UM, SO LET ME UNDERSTAND. SO I CAN DO THINGS RIGHT. SO, UM, RIGHT NOW THERE IS TWO FAMILIES LIVING, OBVIOUSLY. UM, THE, THE FAMILY THAT IS LEAVING IN THE BACK OR THE COUPLE THAT IS LEAVING IN THE BACK, I'LL LET THEM KNOW TO LEAVE IF THIS DOESN'T GO THROUGH, OR YOU CAN APPLY FOR A ZONING CHANGE FOR PERMISSION TO, TO OCCUPY IT. OKAY. LIKE THIS. I MEAN, THAT'S MY GOAL 'CAUSE I WANTED TO MAKE THINGS RIGHT. BUT, UM, SO IF I DO, IF I APPLY, I DON'T NEED TO LET THEM KNOW, BECAUSE IF I DO, I NEED TO LET THEM KNOW AND GIVE THEM 30 DAYS NOTICE. WELL, THAT'S, THAT'S, UH, THEY STAFF CAN'T SPEAK FOR CO COMPLIANCE, BUT MM-HMM. , I'M SURE IF, IF YOU TRY TO GET THIS DONE AS SOON AS POSSIBLE, THEY MIGHT BE MORE FAVORABLE TO YOU. MM-HMM. , YES. REBECCA WAS ABLE TO SEND ME ALL THAT IS NECESSARY TO DO THE ZONING. UM, SO THAT WAY I CAN DO IT ONLINE AND JUST START WITH THE PROCESS. BUT I WOULD JUST HAVE TO WAIT. WHEN DO, WHAT IS THE NEXT STEP NOW KNOW, KNOWING WHAT YOUR DECISION IS? WELL, WE HAVE TO MAKE, WE HAVE TO MAKE A DECISION FIRST. AND THEN WHAT'LL HAPPEN IS YOU'LL GO TALK TO STAFF AND THEY'LL, AND THEY'LL BE THERE TO GUIDE YOU, UH, THROUGH THE, THROUGH THOSE NEXT STEPS. UH, IF YOU'RE INTERESTED IN PURSUING ZONING MM-HMM. . OKAY. ALL RIGHT. I WOULD SUGGEST YOU TALK TO YOUR CITY COUNCILMAN, WHERE THE PROPERTY'S LOCATED, AND LET THEM KNOW, KNOW WHAT YOUR PLAN IS WITH THE ZONING, AND THEY COULD PROBABLY BE HELPFUL WITH YOU AS WELL. OKAY. YEAH. IT'S, IT'S AN ENTIRE ENTIRELY DIFFERENT BOARD AND, AND, AND DIFFERENT MEETINGS THAT ASIDE FROM US, THAT, THAT WOULD DEAL WITH ZONING. SO YOU WOULD GO THROUGH THE ZONING COMMISSION AND THEN THE CITY COUNCIL. OKAY. OKAY. ALL RIGHT. SO, SOUNDS GOOD WITH THAT. I'M LOOKING FOR A MOTION. MINKA. OH, COMMISSIONER MINKA. UH, I HAVE A QUESTION FOR STAFF. UH, DO WE HAVE SOME SORT OF A INTER-AGENCY LACK OF COMMUNICATION? THE CITY DOES WHAT IT WANTS WITH METERS AND THEY DON'T LET US KNOW D S D OR VICE VERSA? SO CURRENTLY, UM, C P S DEFINITELY GOES, HAS, UH, CHECKS THE ZONING, ALL STUFF. WE DON'T KNOW WHAT HAPPENED BACK THEN. WE COULD NOT FIND ANY PERMITS FOR WHAT WENT ON BACK THEN WHEN THAT PERMIT WAS ESTABLISHED. I DO KNOW CURRENTLY, YES, C P S DOES CHECK THE ZONING. SO THERE IS A GAP BETWEEN C P S AND D S D. THEY DON'T TALK TO EACH OTHER WHEN C P S CAN GO OUT AND PUT A METER AT WILL AND NOT LET US KNOW. THAT'S WHAT I'M ASKING. I'LL GO AHEAD AND ANSWER. C P S WILL CHECK TO SEE IF YOU'RE PLATTED. THEY LOOK AT ZONING, THEY DO DO WORK, BUT SOMETIMES THINGS HAPPEN. UH, BUT AS OF JANUARY ONE, YOU ARE ALLOWED TO HAVE YOUR A D D U AND YOUR PRIME RESIDENCE WITH SEPARATE METERS. SO THAT, THAT'S WHY THAT'S A NON-ISSUE AT THIS POINT. BUT, UH, HERE THERE'S MORE TO, YES, GO AHEAD. THANK YOU. UH, GOOD AFTERNOON COMMISSIONERS. MELISSA RAMIREZ, ASSISTANT DIRECTOR. SO THERE HAS BEEN A PROCESS FOR ADDRESSING REVIEWS, UM, IN COORDINATION WITH C P S, BUT THIS HAS TWO ADDRESSES. SO, UH, MARCO IS CORRECT BACK WHEN THIS SITUATION OCCURRED, THE PROCESS, WE CAN'T SPEAK TO WHAT THAT PROCESS IS, BUT I'VE BEEN OVER ADDRESSING FOR SEVERAL YEARS NOW. WE HAVE HAD A PROCESS IN PLACE WHERE WE SPEAK DAILY WITH C P S C P S IS A PART OF OUR DEVELOPMENT PROCESS. SO THIS IS REALLY A CORRECTION OF WHAT TOOK PLACE IN THE PAST. YEAH. AND JUST SO YOU KNOW, FOR YEARS, UH, C P S N SAWS, WHENEVER I APPLY, THEY, THAT'S THE FIRST THING THEY ASK FOR. GIMME YOUR PROOF OF ADDRESSING . THIS, THIS IS NEW TO ME. THANK YOU. YES, SIR. ALRIGHT. ALL RIGHT. SO I'M LOOKING FOR A MOTION IF THERE'S NOTHING ELSE. YEAH. SO WE'RE, I'M LOOKING FOR A MOTION REGARDING THE APPEAL. COMMISSIONER BRAGMAN. YEAH, I [00:35:09] REGARDING CASE NUMBER BOA OH, REGARDING CASE NUMBER BOA DASH 22 DASH 0 3 2 50, I MOVED THE BOARD OF ADJUSTMENT, GRANTED APPEAL THE PRINCIPAL PLANNER'S DECISION OF DENIAL FOR NONCONFORMING USE, REGISTRATION FOR DWELLING TWO FAMILY SITUATED AT 3 3 0 WEST HERMOSA DRIVE, APPLICANT B ANNA, UH, ANNA COSTA SECOND. I HAVE SECOND BY COMMISSIONER A ZUNA, THE MOTION BEFORE US, UH, IF YOU VOTE IN THE AFFIRMATIVE, UH, YOU'RE SIDING WITH THE, UM, APPLICANT IF YOU VOTE IN, UH, FOR, TO DENY YOUR SIDING WITH THE CITY. JUST TO MAKE SURE YOU'RE CLEAR ON THAT. UH, COMMISSIONER BRAGMAN, UM, I'M NOT GONNA BE IN SUPPORT OF THIS MOTION. UM, IT'S UNFORTUNATE THAT THE, A LITTLE BIT CLOSER. SURE. IT'S UNFORTUNATE THAT, UM, THE PROCESS DURING THE PURCHASE, UM, DIDN'T CATCH THIS. MM-HMM. LIKE THEY SHOULD HAVE. YEAH, THEY SHOULD. UM, BUT I THINK THAT YOU'VE GOT SOME OPTIONS AVAILABLE TO YOU MM-HMM. . UM, SO THAT, THAT'S WHY I'M NOT GONNA BE, UH, SUPPORTING THIS COMMISSIONER ZUNA. YEAH. SO I CONCUR. SO THE ISSUE IS GONNA BE NOT, YOU KNOW, YOU HAVE THIS ISSUE THAT NEEDS TO BE RESOLVED BEFORE, BECAUSE YOU'RE GONNA HAVE THIS ISSUE AS YOU, IF YOU TRY TO SELL THE PROPERTY OR WHATEVER MM-HMM. , THAT NEXT BUYER'S GONNA HAVE THE SAME ISSUE THAT YOU HAVE. MM-HMM. , I THINK THE BEST TACT IS FOR YOU TO GO THROUGH THE PROCESS THAT YOU'RE DOING, GET THIS SOLVED MM-HMM. , BECAUSE YOU DON'T WANT IT TO POP UP AGAIN IF YOU PLAN TO SELL OR WHATEVER WITH THE PROPERTY. MM-HMM. . SO I COMPLETELY AGREE WITH YOU. UM, WELL, WE'RE NOT, THIS IS WHY I'M HERE. NO, I KNOW, BUT WE'RE, WE'RE, YEAH, WE'RE DELIBERATING NOW. IF WE, IF THERE'S ANY ADDITIONAL QUESTIONS, WE'LL LET YOU KNOW. UM, IS THERE ANY OTHER COMMISSIONERS' LIKE TO ADD, UH, HEARING NONE. ALL RIGHT. UH, LET'S HAVE ROLL CALL VOTE MS. BRAGMAN. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. UNA. YEAH. I DO NOT CONCUR. MR. SPILLMAN. I DO NOT CONCUR. MR. MANCHACA. I DO NOT CONCUR. MS. LIND, I DO NOT CONCUR. MS. CRUZ. I DO NOT CONCUR. MR. ZUNIGA. I DO NOT CONCUR. MR. MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I DO NOT CONCUR. CHAIR ORIAN. UH, AND NO, UH, I DO NOT CONCUR. SO MOTION FAILS. UM, ZERO TO 10. SO WHAT JUST HAPPENED IS, IS THAT, UM, YOU KNOW, WE DIDN'T SIDE WITH YOU ON THIS. UH, YOU DO HAVE AN ALTERNATIVE TO APPLY FOR A ZONING AND YOU CAN PLEASE GET WITH STAFF AND THEY'LL, THEY'LL, THEY'LL TALK TO YOU ABOUT THAT PROCESS. THANK YOU, MR. CHAIR, IF I CAN JUST CHIME IN ONE REAL QUICK. YES, PLEASE DO. UM, I JUST WANNA REMIND, UH, THE COMMISSION, YES, YOU DO HAVE THE ABILITY, AND I'M SPEAKING TO THE APPLICANT. YOU DO HAVE THE ABILITY TO APPLY FOR THE ZONING. WE WILL COMMUNICATE TO THE CODE OFFICER AND LET THEM KNOW THAT ONCE YOU APPLY, UM, THEN WE'LL START A PROCESS TO MAKE SURE THAT WE KEEP YOU UPDATED, UM, AS YOU'RE GOING THROUGH ZONING. AND THEN CITY COUNCIL, UM, YOU TALKED ABOUT ASKING YOUR, UH, YOUR PEOPLE WHO ARE LIVING IN THE BACK HOME, IF THEY NEEDED TO MOVE OUT. I WOULDN'T RECOMMEND THAT YOU DO THAT JUST UNTIL WE GET TO CITY COUNCIL. AND THE OUTCOME OF THERE, WE WILL WORK WITH YOU ON THAT TIMELINE. IF FOR SOME REASON IT FAILS THERE. UH, THE WHOLE GOAL IS COMPLIANCE. UM, AS SEVERAL OF THE COMMISSIONERS STATED, UH, YOU WILL HAVE THE PROCESS CORRECT IF YOU GO THROUGH THE REZONING PROCESS VERSUS HERE YOU COULD RUN INTO PROBLEMS SELLING YOUR PROPERTY. OKAY? THANK YOU. THANK YOU. THANK YOU. ALL RIGHT. ALL RIGHT. EXCUSE NEXT CASE. ITEM FOUR. ITEM NUMBER FOUR, BO A 2 2 1 0 3 0 0 1 6 3. ADDRESS BEING 1410 HERMINE BOULEVARD CITY COUNCIL. DISTRICT ONE APPLICANT BEING MARGARITA CAICOS. A REQUEST FOR A FOUR FOOT 11 INCH VARIANCE FROM THE FIVE FOOT MINIMUM SIDE SETBACK REQUIREMENT TO ALLOW A DETACHED CARPORT WITH GUTTERS TO BE ONE INCH FROM THE SIDE PROPERTY LINE TO A FOUR FOOT SIX INCH VARIANCE FROM THE FIVE FOOT MINIMUM SIDE SETBACK REQUIREMENT TO ALLOW AN ACCESSORY STRUCTURE TO BE SIX INCHES FROM THE SIDE PROPERTY LINE. THE CURRENT ZONING IS R FOUR. THE SUBJECT PROPERTY IS LOCATED ALONG HERMINE BOULEVARD AND IS SITUATED EAST FROM THE INTERSECTION OF WEST AVENUE AND INTERSTATE HIGHWAY 10. THE APPLICANT CONSTRUCTED A DETACHED CARPORT WITH GUTTERS THAT ENCROACHES INTO THE SIDE SETBACK. ALTHOUGH THE APPLICANT DID PULL BUILDING PERMITS, THE CARPORT DID NOT ABIDE BY THE SETBACK. MINIMUM DISTANCE REQUIREMENTS RESULTING IN A ZONING INVESTIGATION, THE PERMIT INDICATED THE CARPORT WOULD'VE HAD A FIVE FOOT SIDE SETBACK. UH, UPON SITE VISIT, STAFF OBSERVED AN ACCESSORY [00:40:01] STRUCTURE IN THE REAR YARD THAT ALSO ENCROACHED INTO THE SIDE SETBACK. CARPORTS AND ACCESSORY STRUCTURES ARE REQUIRED TO BE BACK FIVE FEET FROM THE SIDE PROPERTY LINE. AND THE EXISTING STRUCTURES ARE CURRENTLY ONE INCH AND SIX INCHES AWAY FROM THIS SIDE PROPERTY LINE. AND HERE IS THE SITE PLAN, THE SUBJECT PROPERTY, THE DETACHED CAR PORT WITH THE ACCESSORY STRUCTURE IN THE REAR, AND AN ALTERNATE VIEW OF THE CARPORT. AND THIS IS THE CARPORT WIDTH OF 14 FEET. AND THEN THE SURROUNDING AREAS STAFF'S RECOMMENDATION FOR THE SITE SETBACK. VARIANCE STAFF RECOMMENDS DENIAL WITH AN ALTERNATE RECOMMENDATION FOR A TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A DETACHED CARPORT WITH GUTTERS TO BE THREE FEET FROM THE SIDE PROPERTY LINE. AND TWO, A TWO FOOT VARI FROM THE MINIMUM FIVE SIDE SETBACK REQUIREMENT TO ALLOW AN ACCESSORY STRUCTURE TO BE THREE FEET FROM THE SIDE PROPERTY LINE. BASED ON THE FINDINGS OF FACT, A TWO FOOT VARIANCE WOULD PROVIDE ENOUGH SPACING BETWEEN STRUCTURES ON THE SUBJECT PROPERTY AND THE ADJACENT PROPERTY. TWO, MAINTAINING A THREE FOOT SIDE OR THREE FOOT FROM THE SIDELINE SIDE PROPERTY LINE WILL NOT SIGNIFICANTLY REDUCE THE SIZE OF THE CARPORT AND ACCESSORY STRUCTURE. AND THREE, THE THREE FOOT SETBACK WILL ALLOW A, A VEHICLE TO FIT IN THE CARPORT. AND HERE'S THE NOTIFICATION PLAN. STAFF MAIL 32 NOTICES. ZERO IN FAVOR. A ONE IN OPPOSITION. AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION FOR THIS SUBJECT PROPERTY. THIS CONCLUDES STAFF PRESENTATION AND THE APPLICANT IS PRESENT. ALRIGHT, THANK YOU VERY MUCH. THANK YOU. LET'S HAVE THE APPLICANT COME FORWARD PLEASE. HI. IF YOU COULD STATE YOUR NAME AND TELL US ABOUT YOUR CASE. YEAH, MARTO GALLEGOS. HOW Y'ALL DOING? UM, DOING, LEMME SEE. HOW CAN I START? WELL, THE REASON I DID IT LIKE THAT IS THE ONLY WAY MY CAR AND SCO FIT IS LIKE THERE. I TRY TO, I MEAN, WE GOT ALONG WITH HER, THEY PRETTY GOOD. SHE JUST WANT HER BOYFRIENDS COME ALONG AND SAY SOMETHING. BUT, UM, AS FAR AS TAKING CARE OF IT, I WANT TO TAKE CARE OF IT SITUATION WITHOUT GETTING AN ARGUMENT WITH THAT YOUNG LADY, YOU KNOW. BUT THAT WAS THE ONLY BEST WAY I COULD GET MY CARS IN THERE. AND THE ONLY REASON I GOT THIS CARPORT THE LAST TIME WE HAD, UM, HELL, IT DAMAGED MY VEHICLE. SO I GOT NEW VEHICLES NOW AND THAT WAS THE ONLY WAY I COULD PROTECT IT. SEE, BUT MOST OF THE WATER IS ALL FALLS IN THE GUTTER. IT GOES TO THE FRONT AND BACK TO THE ALLEY. NOTHING GOES BACK TO HER SIDE. IS THAT WHAT SHE WAS COMPLAINING? BUT SEE, WE, WE LIVE ON A STRUCTURE OVER THE, THE LAND. IT COMES ON A HILL. SO A LOT OF WATER COMES THROUGH OUR HOUSE AND THROUGH EVERYBODY ELSE'S PROPERTY. BUT SHE'S TRYING TO SAY IT ONLY COMES FROM MY HOUSE, YOU KNOW? SO I DON'T KNOW WHAT TO DO WITH HER, YOU KNOW, I TRY TO MAKE HER HAPPY TOO BY PUTTING UP THOSE GUTTERS. I EVEN HELP HER OUT A LOT TOO. BUT I DON'T KNOW, I GUESS IT'S HER SOMEBODY ELSE'S OPINION GETTING TO HER. OKAY. UM, STAFF, IS THERE ANY PUBLIC COMMENTARY ON THIS? THIS IS NO PUBLIC COMMENT. OKAY. SO WE'RE GONNA OPEN THIS UP TO QUESTIONS. ANY COMMISSIONER QUESTIONS? MANNA, COMMISSIONER MANNA? SO, SO I'M LOOKING AT THIS PHOTO HERE AND, UM, IT SHOWS, AND THERE'S A BETTER PICTURE OF IT A LITTLE WHILE AGO, BUT IT SHOWS BASICALLY THAT IT, UH, THAT IT, THERE YOU GO. THAT IT FLARES OUT. UM, SO, SO IT LOOKS LIKE IT'S, UH, A LITTLE BIT FURTHER AWAY FROM THE PROPERTY LINE, RIGHT TOWARDS THE BACK OF THE PROPERTY. THEN IT FLARES OUT. UM, AND IT LOOKS, ALMOST LOOKS LIKE THE GUTTERS ARE OVER THE PROPERTY LINE. UM, BUT UM, SO IS THERE A REASON FOR THAT FLARE OUT? UH, YEAH. 'CAUSE IT'S A NARROW DRIVEWAY RIGHT THERE. I CAN'T GET MY BIG TRUCK IN THERE. I MEAN, I HAVE A BIG TRUCK AND OUR, OUR TRAILERS, YOU KNOW, SO STAFF DID, DID YOU SAY THAT THE, THE, THE WIDTH OF THE CARPORT THERE WAS 14 FOOT, SO THAT'S A PRETTY WIDE SPACE. SO TRYING TO UNDERSTAND. YEAH, WELL THE, THE FRONT PART, YEAH. BUT WHEN ONCE YOU GO THROUGH A, WHERE IT NARROWS DOWN, THERE'S NOT 14 FEET, YOU KNOW, MAYBE TO THE FENCE, BUT I MEAN, JUST THE LITTLE SPACE I GOT RIGHT THERE IS, IS TIGHT SQUEEZE FROM MY TRUCK AND MY TRAILERS. DO YOU KNOW WHAT THE DISTANCE IS ON THE BACK PART OF, UH, UM, UH, WE'LL SAY ON THE, THE, TOWARDS THE BACK PORTION OF THAT CARPORT, HOW FAR THAT IS AWAY FROM THE PROPERTY LINE? UH, UH, 12 FEET RIGHT THERE. WHERE, WHERE IT GOES TO THE BACK. UH, THE, THE, THE, UH, QUESTION I'M ASKING ACTUALLY IS HOW FAR AWAY FROM THE FENCE IS. [00:45:01] UM, IF YOU TAKE THE OVERHANG ON THE BACK PORTION OF THAT CARPORT, HOW FAR AWAY IS IT FROM THAT FENCE? UH, SO SO TO BE, BE ON FOOT, JUST HANGING OVER? I MEAN, ON MY SIDE, NOT HER SIDE. OKAY. THANK YOU. ANY OTHER QUESTIONS? OR COMM, COMMISSIONER ZUNA. I SEE YOU HAVE A DETACHED GARAGE IN THE BACK. IS THAT GARAGE THAT'S USABLE OR COULD YOU PARK YOUR TRUCK IN THAT GARAGE OR NO, IT'S NOT, IT IS NOT FOR ME. FOR, UH, FOR A VEHICLE, JUST LIKE A BIG OLD GARAGE THERE. I JUST, I REMODELED SINCE IT WAS ALREADY THERE. I SEE. SO, AND IT WAS ON P SO I CAN'T PUT A, I GOT IT. IT'S ON P. OKAY. THAT WAS MY QUESTION. THANK YOU. MM-HMM. . ALL RIGHT. UH, I NOTICED IN THE PICTURE, UH, THAT YOU HAVE, UH, LIKE A, LOOKS LIKE A REFRIGERATOR AND SOME OTHER ITEMS THAT MAY BE REDUCING THE USABLE WIDTH OF THE CARPORT. UH, AND ARE ANY ANY OF THOSE MOVABLE? YES, THERE IS, BUT THERE'S A STAIR RIGHT THERE AT THE, RIGHT THERE WHERE THE DOOR'S AT. SO IT, I, I WOULD HAVE TO REMOVE THOSE. RIGHT. HERE'S THE DOOR. THERE'S A STAIRS. IT COMES UP TO RIGHT THERE. IT'S THE THREE STEPS. SO YOU, YOU CAN'T SEE IT RIGHT THERE. 'CAUSE I GOT A LITTLE TABLE THERE TO PUSH THERE. OKAY. YEAH, IT'S A LITTLE HARDER TO SEE ON THAT PICTURE. YEAH. BUT, UH, IF I COULD I COME OVER THAT WAY AND ELIMINATE MY DOORS, YOU KNOW? SO HOW KAPLAN, COMMISSIONER KAPLAN, UH, UH, WE GO BACK TO THE OTHER PICTURE OF THE DRIVEWAY. UM, YEAH, THAT ONE LOOKS TO ME FROM THIS PICTURE, YOU TELL ME IF I'M WRONG OR NOT, THAT YOUR PROPERTY ACTUALLY SLOPES OVER TO THE NEIGHBOR AND YOU'VE GOT A LOT OF IMPERMEABLE CONCRETE THERE. UM, SO THAT WATER MIGHT RUN INTO HER YARD. IS THAT THE CASE? I GOT THE GUN ALL THE WAY DOWN. IT COMES ON MY DRIVEWAY, THE BOTTOM PART AND RUNS OUT. IT WON'T GO TOWARD HER HOUSE. THE ONLY THING THAT GOES OVER THERE, WHATEVER RUNS, WHEN IT, WHEN IT RAINS HEAVY, EVERYTHING COMES DOWN FROM UP. I MEAN, FROM WEST, HEADING EAST. SIR, YOU'LL NEED TO TALK INTO THE MICROPHONE SO SHE CAN HEAR YOU. OH, I'M SORRY. UH, YEAH, BUT, UH, LIKE I SAID, I GOT GUTTERS UP THERE. WHATEVER RUNS DOWN THERE TO HER PROPERTY IS FROM, UM, THE RAIN WHEN IT COMES DOWN FROM THE, FROM THE LAND COMING THIS WAY, 'CAUSE FROM WEST IS A HILL GOING TO EAST, WE'RE DOWNHILL. SO A LOT OF WATER GOES ON, YOU KNOW, EVEN GOES UNDER MY HOUSE. I CAN'T EVEN STOP THAT, YOU KNOW. SO STAFF, CAN YOU PLEASE BRING UP THE STREET VIEW? GOOGLE STREET VIEW, ? I'M BRINGING IT UP RIGHT NOW. YEAH. ON THE EAST SIDE OF THE DOWNHILL, THERE'S THE TRACKS AND THE, ALL THE WATER GOES RIGHT THERE TO THE CREEK. IT HEADS, UH, SOUTH TOWARD MARIPOSA AND THE TERRAIN AND ALL THAT. 'CAUSE WHAT, WHAT I'M GETTING AT IS, UH, ON THE STREET VIEW, IT SHOWS, UH, THE CONCRETE DRIVE GOING ALL THE WAY BACK. UH, AND THEN A, A, A TRUCK PARKED IN THERE. UM, NO PROBLEM. UH, AND SO I'M JUST, I'M, IT'S NOT A TRUCK, IT'S MY TRAILER, LIKE A BIG BARBECUE PIT WITH A, AND THEN I HAVE A SMALLER TRAILER RIGHT THERE IN FRONT OF IT, AND THERE'S JUST TWO TRAILERS. OKAY. I KNOW. YEAH, THAT'S THE PICTURE I'M LOOKING AT. OH, THAT WAS BEFORE I PUT THE CAR. WE DON'T EVEN HAVE THAT TRUCK NO MORE. OKAY. BUT, BUT STAFF'S, STAFF'S CONCERN WAS, UH, IF THEIR RECOMMENDATION IS TO MOVE IT OVER, UH, YOU KNOW, UH, THREE FEET AND IT LOOKS LIKE YOU HAVE THREE FEET BETWEEN THE EDGE OF THE VEHICLE THAT'S SHOWN IN THIS PICTURE AND THE, AND THE STAIRS. AND THEN YOUR DRIVE DOES LOOK LIKE IT COULD ACCOMMODATE AT LEAST TWO CARS. SO I'M, I'M JUST CURIOUS AS WHY THE NEED TO HAVE IT SO WIDE. IT LOOKS LIKE YOU'RE USING IT FOR SOMETHING OTHER THAN CAR STORAGE, LIKE YOU'RE USING IT FOR NO, I GOT MY TWO TRAILERS. I DIDN'T MEAN TO INTERRUPT, SIR, BUT I JUST HAVE TWO TRAILERS THAT ARE WIDER THAN THE TRUCK. A LITTLE BIT, YOU KNOW, THE ONES IN THE BACK. OKAY. ALL RIGHT. SO LIN, OUR RECOMMENDATION HASLIN PICTURES OF THE VEHICLE THAT YOU'RE, THE CURRENT VEHICLE UNDER THIS CARPORT? UH, I DON'T THINK I DO. RIGHT. NO. I HAVE A PRETTY BIG TRUCKS, A 2,500 HD, YOU KNOW, SO IT'S A WHITE TRUCK. IT'S NOT A SMALL ONE. MANNA. OKAY. COMMISSIONER MANNA THEN. I KNOW STAFF WANTED IT TO ADD GO. SO GO AHEAD. I JUST WANNA CLARIFY, OUR RECOMMENDATION IS A TWO FOOT, UH, VARIANCE SCORE, THREE FOOT SETBACK. OKAY. UM, CAN YOU GO TO THE OVERHEAD VIEW OF GOOGLE MAPS HERE? SO, SO, SO AN OBSERVATION HERE IS THAT THE CARPORT ITSELF IS ACTUALLY NOT EVEN WITH THE BACK, UH, ACCESSORY DWELLING. SO IT ACTUALLY IS CLOSER TO THE, TO THE PROPERTY LINE ITSELF. UM, SO, SO I GUESS, UM, WE SEE REGULARLY WHERE PEOPLE WILL EXTEND A LINE THAT'S ALREADY THERE. AND SO YOU ACTUALLY WENT A LITTLE BIT FURTHER THAN THAT. UM, YOU KNOW, SO, SO IS THERE A REASON WHY YOU WENT FURTHER TOWARDS [00:50:01] THE PROPERTY LINE THAN THE ACCESSORY STRUCTURE THAT WAS ALREADY THERE? UM, I GUESS I WAS JUST EXCITED 'CAUSE I WAS GETTING ONE BUILT ANYMORE. OKAY. I JUST NEVER, I WAS GONNA PROTECT MY CAR. AND THEN THE SECOND QUESTION IS, ONE OF THE THINGS WE TALKED ABOUT ARE HARDSHIPS. AND SO IF THE CITY'S RECOMMENDATION IS TO REDUCE IT BY TWO FEET, UM, WHAT KIND OF HARDSHIP WOULD THAT PRESENT AND COULD IT BE DONE? I'M NOT TOO SURE ABOUT THAT. ABOUT TO FIGURE IT OUT. YOU KNOW, I'D PROBABLY MAKE MY, I DON'T KNOW. I'M BE HONEST WITH YOU. OKAY. MINKA, I HAVE A QUESTION FOR STAFF. UM, I WAS LOOKING AT 2011 AT GOOGLE AND IT, HE HAD REBAR ON THERE AND IT LOOKS LIKE WHEN HE EXTENDED OUT, THAT REDUCED THE IMPERVIOUS COVER. IS THAT TAKEN INTO ACCOUNT? YOU'RE REFERRING TO THIS PROPERTY, RIGHT? YES. THE FRONT OF THE PROPERTY WHERE HE FLARED OUT THE DRIVEWAY AND THEN TO THE RIGHT, HE PUSHED THE DRIVEWAY OUT TO TOWARD THE TREE. SO DOES IMPERVIOUS COVER PLAY A ROLE IN THIS AT ALL? WELL, HE WOULD STILL HAVE TO BE WITHIN THE 50%. I DON'T THINK WE OBSERVED, UM, OR AT LEAST NOTICED THAT 50% WAS GONE. KAPLAN COMMISSIONER KAPLAN MAY ASK A QUESTION. YEAH. UH, DID I HEAR EARLIER THAT YOU ORIGINALLY ON THE PERMIT APPLIED FOR THE, UH, FIVE FOOT, UH, SETBACK SIDE SETBACK? I THINK I SAW THAT AT THE BEGINNING AND THAT IT JUST DIDN'T GET BUILT AS, UM, REQUESTED. AS YOU SAID, YOU, YOU WOULD DO WOULD, IRA CAN CAN GO BACK TO THAT BEGINNING. WERE YOU TALKING ABOUT THE PERMIT? YEAH. STAFF. THERE WAS A PERMIT ON FILE. THAT'S CORRECT. BUT WHAT YOU HEARD WAS CORRECT THERE, WHEN THEY SUBMITTED THE PERMIT, THERE WAS A FIVE FOOT SETBACK INDICATED AND THAT'S NOT HOW IT GOT CONSTRUCTED. UH, SO THE QUESTION FOR THE OWNER, WHAT HAPPENED? UH, SHOOT, I DON'T KNOW. I WASN'T THERE. I WAS WORKING, BUT, UH, THAT, THAT DRIVEWAY, I MEAN THAT IF WHEN I CAME HOME AND THEY HAD ALREADY SAID WHEN I LOOKED AT IT, HE WAS TELLING ME IF HE WOULD'VE MOVED OVER FIVE FOOT, IT WOULD'VE BEEN IN MY DRIVEWAY. I WOULDN'T BE ABLE TO PUT MY TRUCK IN THERE. OKAY. UH, IF THERE'S NOTHING ELSE, A QUICK QUESTION. COMMISSIONER BRAGMAN, UM, WHO SUBMITTED THE PERMIT? YOU DID. OKAY. SO THE PERMIT THAT YOU SUBMITTED WAS WITH A FIVE FOOT SIDE SETBACK. MM-HMM. . WELL, LIKE I SAY, I'M RIGHT, RIGHT THERE IN THE FRONT. I WOULDN'T BE ABLE PUT MY TRUCK, IT'LL BE A TIGHT SQUEEZE RIGHT THERE FROM THE HOUSE TO WHERE THE FIVE FOOT WOULD BE. OKAY. UH, THERE'S SOMETHING ELSE. I'M LOOKING FOR A MOTION OZUNA COMMISSIONER ZUNA, REGARDING CASE NUMBER BO O EIGHT DASH 22 DASH 0 3 0 0 1 6 3. I MOVE THAT THE BOARD OF ADJUSTMENTS GRANT FOR A TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT MINIMUM SIDE SETBACK REQUIREMENT TO ALLOW A DETACHED GUARD PORT WITH GUTTERS TO BE THREE FEET FROM THE SIDE PROPERTY LINE. AND THE SAME, UM, UH, TWO FOOT VARIANCE FROM THE FIVE FOOT MINIMUM SETBACK REQUIREMENT TO ALLOW THE STRUCTURE TO BE THREE FEET FROM THE SIDE PROPERTY LINE SITUATED AT 1410 HERMINE BOULEVARD. APPLICANT BEING MARGARITO GALLEGOS BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SO THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH THAT A LITTLE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C HAS AMENDED WOULD RESULT IN A UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE APPLICANT IS REQUESTING A VARIANCE OF SITE SET BACK ALLOW TO ALLOW DEACH CARPORT AND ACCESSORY STRUCTURE TO BE, UM, TWO FEET FROM THE SIDE PROPERTY LINE. THESE DISTANCES PROVIDE ADEQUATE SPACING FOR THE NEIGHBORING PROPERTY, WHICH IS NOT CONTRARY TO 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 RECONSTRUCTING THE CARPORT AND ACCESSORY STRUCTURE FIVE FEET FROM THE SIDE PROPERTY LINE. THIS WOULD RESULT IN UNNECESSARY HARDSHIP AS THE CARPORT AND ACCESSORY STRUCTURE IS ALREADY CONSTRUCTED. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS 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 PROPOSED SETBACK FOR THE CARPORT ACCESSORY STRUCTURE APPEAR TO OBSERVE THE SPIRIT OF THE ORDINANCE AS THEY WILL NOT BE TOO CLOSE TO THE NEIGHBORING PROPERTY. FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF USE OF THOSE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED. NO USES OF THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY ARE ALL TO THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE CARPORT STRUCTURE WOULD MAINTAIN, UM, TWO FEET FROM THE SIDE PROPERTY LINE, WHICH IS NOT LIKELY TO ALTER THE CENTRAL CHARACTER OF THE DISTRICT, IN EFFECT ADJACENT CONFORMING PROPERTY, SIX PLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND NOT DUE TO THE RESULT OF GENERAL CONDITION OF THE DISTRICT. THE PROPERTY IS LOCATED, UH, STAFF FINDS IS APPLIED TO THE OWNER [00:55:01] OF THE PROPERTY FOR WHICH THE VARIANCE SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS THE SIZE OF THE PROPERTY. END OF MOTION. SECOND. SECOND. BY COMMISSIONER BRAGMAN. COMMISSIONER ZUNA. RIGHT. SO I AM, UH, ALIGNING WITH THE STAFF'S RECOMMENDATION ON THE SIDE SETBACK. UH, WE DID SEE SOME OPPOSITION FROM THE NEIGHBOR THAT WAS MOST AFFECTED BY IT. UM, I THINK WITH THE TWO FOOT VARIANCE, UM, YOU STILL HAVE THE SIZE, THE, THE WIDTH TO GET YOUR TRUCK IN, YET IT PROVIDES SOME ABILITY FOR YOU TO MAINTAIN THAT SIDE AND PROVIDES A LITTLE BIT OF BUFFER FROM THE NEIGHBOR THAT WAS MOST OPPOSITE OF OPPOSED TO THE, THE WIDTH OF THE, OF THE DRIVEWAY. COMMISSIONER BRAGMAN. I CONCUR WITH MY COLLEAGUE. ANY OTHER COMMISSIONERS' LIKE TO ADD HEARING NONE. UH, ALL LIKE, I JUST WANTED TO ADD THAT I COMPLETELY AGREE WITH, UM, UM, COMMISSIONER ZUNA AND COMMISSIONER BRAGMAN ON THIS. UH, THIS CARPORT IS VERY LONG, PRETTY WIDE. AND, UH, THERE'S PLENTY OF ROOM IN THE FRONT, UH, TO HAVE THE CARPORT EXIST FOR A LARGE VEHICLE. UH, SO WITH THAT, LET'S HAVE A ROLL CALL. VOTE PLEASE. MR. UNA. EXCUSE ME BEFORE WE VOTE. UM, SO IF WE VOTE, WE'RE VOTING FOR WHAT? UH, WE'RE VOTING FOR THE STAS RECOMMENDATION FOR A TWO FOOT VARIANCE TO ALLOW, UH, THE CARPORT AND THE ACCESSORY DRAWING TO BE THREE FEET FROM THE PROPERTY LINE. IS THAT WHAT WE READ IN? THAT WAS WHAT WAS READ IN? YES. OKAY. I CONCUR. MR. OZUNA, I AGAIN CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MANCHACA. I CONCUR. MS. LYNN. I CONCUR. MS. CRUZ I CONCUR. MR. ZUNIGA. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. UH, SO WHAT WE DID WAS WE GAVE YOU A VARIANCE TO BE UP TO, TO, FOR A TWO FOOT VARIANCE. YOU COULD BE, HAVE TO BE NO CLOSER THAN THREE FEET TO THE SIDE. UH, STAFF CAN FURTHER EXPLAIN IF YOU HAVE ANY QUESTIONS ABOUT WHAT YOU NEED TO DO NEXT. ALRIGHT. THANK YOU. THANK YOU. ALL RIGHT. NEXT CASE. ITEM FIVE. GOOD AFTERNOON. AGENDA ITEM FIVE BO 8 22 1 0 3 0 0 1 9 3. ADDRESS IS 2 5 4 SAVANNAH DRIVE COUNCIL. DISTRICT ONE APPLICANT IS CATHERINE ANN REIHART. A REQUEST FOR NINE FOOT VARIANCE FROM THE MINIMUM 10 FOOT SETBACK REQUIREMENT TO ALLOW AN ATTACHED CARPORT TO BE ONE FOOT FROM THE PROPERTY LINE ZONING IS R FOUR SINGLE FAMILY. THE SUBJECT PROPERTY IS LOCATED ALONGA DRIVE NEAR THE INTERSECTION OF VANCE JACKSON ROAD IN NORTH OF IH 10, AND CURRENTLY HAS AN EXISTING SINGLE FAMILY RESIDENCE BUILT WITHOUT A PERMIT. THE APPLICANT CONSTRUCTED AN ATTACHED CARPORT, WHICH ENCROACHES INTO THE FRONT SETBACK. A ZONING INVESTIGATION BEGAN ON JULY 7TH, 2022 FOR A PROPERTY SETBACK VIOLATION. THE LINK OF THE CARPORT IS 27 FEET. A VARIANCE WAS RECENTLY GRANTED ON THE SAME BLOCK FOR A CARPORT FRONT SETBACK. HERE'S THE SITE PLAN, SUBJECT PROPERTY, THE VIEW OF THE CARPORTS IN REFERENCE TO THE SIDE OF THE PROPERTY SETBACK SURROUNDING AREA AND SURROUNDING AREAS. STAFF RECOMMENDATION STAFF RECOMMENDS APPROVAL ON B O A 1 0 3 0 0 1 9 3 BASED ON THE FOLLOWING FINDINGS OF FACT, THIS IS NOT, THERE IS NOT SUFFICIENT SPACE AVAILABLE TO HAVE A 10 FOOT FRONT SETBACK FOR THE STRUCTURE. AND TWO, A SIMILAR ZONING VARIANCE WAS APPROVED ON THE SAME BLOCK JUST RECENTLY. UH, NOTIFICATION PLAN STAFF MAILED OUT 32 NOTICES. ONE IN FAVOR, ONE IN OPPOSITION, AND NO RESPONSE FROM THE DELL VIEW AREA AND NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STATUS' PRESENTATION AND APPLICANT IS AVAILABLE. THANK YOU VERY MUCH AS APPLICANT, PLEASE COME FORWARD. UM, YES. OH, I'M SORRY YOU DIDN'T WANT ME. NO, COME ON UP. , PLEASE, UH, STATE YOUR NAME AND TELL US ABOUT YOUR CASE. UH, KATHERINE ANN REIHART, UH, FROM 2 54 SAVANNAH IN 2016, I HIRED A CONTRACTOR TO DOUBLE MY DRIVEWAY WIDTH AND PUT A CARPORT OVER IT. WE DID HAVE A DISCUSSION ABOUT PERMITS AND HE SAID ONE WASN'T REQUIRED BECAUSE WE WERE 10 FOOT BACK FROM THE, FROM THE STREET. SORRY. YOU KNOW, , IT WAS CLOSE. YEAH. AND, AND UNFOR UNFORTUNATELY, WE, WE, WE KIND OF KNOW WHAT HAPPENED. SOME PEOPLE MOVED IN NEXT DOOR AND, AND THE PEOPLE ON THE OTHER SIDE OF THEM AND, AND MYSELF, WE HAVE THESE CARPORTS THAT COME ALL THE WAY OUT AND THEY EVIDENTLY WENT AND APPLIED FOR A PERMIT AND FOUND OUT THAT THEY COULDN'T HAVE IT. [01:00:01] AND, UH, THEY SAID, WELL, BOTH MY NEIGHBORS DO. AND SO THAT'S HOW CODE COMPLIANCE ENDED UP. OKAY. YEP. UH, IS THERE ANY, UH, COMMISSIONER QUESTIONS? I HAVE A QUICK ONE. IT LOOKS LIKE, UH, YOUR SIDEWALKS ARE RELATIVELY NEW. VERY, VERY NEW. VERY NEW. AND, AND WITHOUT THAT DOUBLE DRIVEWAY, WE, WE WOULDN'T BE ABLE TO EVEN PARK OUR VEHICLES ONE BEHIND THE OTHER BECAUSE OF THE NEW SIDEWALKS. AND THAT'S WHAT'S GOING ON IN THE STREET RIGHT NOW. RIGHT. AND, AND, YOU KNOW, SO JUST WHAT I'VE NOTICED IS THAT YOUR SIDEWALK IS, I MEAN, YOU'RE, YOU'RE A FOOT AWAY WITH THE OVERHANG FROM THE PROPERTY LINE, BUT HOW FAR AWAY FROM THAT SIDEWALK ARE YOU? I HAVE A PICTURE. IF THEY DON'T, IT LOOKS LIKE YOU'RE ABOUT TWO FEET. I, I DON'T DO, OH, IT SHOWS THREE FOOT SEVEN THERE. THREE FOOT SEVEN. SO, OKAY. ALSO I SAW, SO IF I'M CORRECT, IT SHOWED 2018, UH, WAS WHEN I GUESS, OR THEREABOUTS, IS WHEN YOU PUT IN 2016. 2016, YES, SIR. AND THEN 2022 IS ABOUT WHEN THERI, WHEN THE SIDEWALKS WENT IN 20, UH, LAST YEAR. 2022. EXACTLY. YES. SO SO YOU PUT IT IN BEFORE THE SIDEWALKS APPEARED, SO, RIGHT. OKAY. THANK YOU. ALL RIGHT. GREAT. ANY OTHER QUESTIONS? COMMISSIONER CHUGA? UH, THIS IS A QUESTION FOR STAFF. I'VE NOTICED THAT THE OTHER HOUSES ALONG HAVE THE DRIVEWAY. WAS THIS A CUT CURB? AND IS THIS AN ISSUE? THE CUT CURB, SINCE SHE WIDENED THE DRIVEWAY, SHE WIDENED THE CURB. NOT TO INTERRUPT, BUT WHEN THEY DID THE SIDEWALKS, THEY REDID ALL THE CURBS. WELL, A A RESIDENTIAL DRIVEWAY IS ALLOWED TO BE HIGH WIDE. 16 OR 20 FEET? 16. 16, MM-HMM. . AND THAT'S, AND THERE'S NO, Y'ALL HAVE ISSUE WITH THAT? 'CAUSE YOU CAN DO WHAT UP TO 10% ADMINISTRATIVE BEYOND THAT? IF IT'S MORE THAN 16? YEAH. YES, I BELIEVE THEY CAN. UM, WE DIDN'T HAVE AN ISSUE WITH THIS DRIVEWAY. IT, I THINK BECAUSE OF THE CONFIGURATION AND THE TIME PERIOD. OKAY. ALL RIGHT. ANY OTHER QUESTIONS? UM, ALRIGHT, WITH THAT, I'M LOOKING FOR A MOTION. OH, IS THERE ANY PUBLIC COMMENTARY? NO PUBLIC COMMENT. ALRIGHT. I'M LOOKING FOR A MOTION. MAY BRAGMAN MR. BRAGMAN, REGARDING CASE NUMBER BO O A DASH 22 DASH 0 1 9 3. I MOVED THE BOARD OF ADJUSTMENT GRAND REQUEST FOR NINE FOOT VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW AN ATTACHED CARPORT TO BE ONE FOOT FROM THE FRONT PROPERTY LINE SITUATED 2 5 4 SAVANNAH DRIVE. APPLICANT BEING CATHERINE AND RIGHT HEART BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMEND WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. FRONT YARD DOES NOT HAVE ADEQUATE SPACE TO HAVE FRONT SETBACK OF 10 FOOT. THE STRUCTURE WILL MEET THE SIDE SETBACK REQUIREMENT, BUT DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST DUE TO SPECIAL CONDITIONS. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF FINDS HARDSHIPS ON THE LOT AS THERE ARE NOT ADEQUATE SPACE TO MEET THE MINIMUM FRONT SETBACK REQUIREMENT FOR THE CARPORT. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS THE ATTACHED CARD PORT CANNOT MEET THE 10 FOOT MINIMUM FRONT SETBACK REQUIREMENT AND FIT A VEHICLE. 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. 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 EVIDENCE THAT THE REQUESTED VARIANCE WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THE FRONT YARD CANNOT SUPPORT THE LENGTH OF THE VEHICLE UNDER A CARPORT. THE PLIGHT OF THE OWNER OF THE PROPERTY, WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. BECAUSE OF THE WIDTH OF THE LOT AND THE CONFIGURATION OF THE EXISTING, UH, RESIDENCE, MAINTAINING A 10 FOOT FRONT SETBACK IS NOT APPROPRIATE FOR THE AREA. THE REQUEST. THE REQUEST IS NOT MERELY FINANCIAL END OF MOTION. SECOND. SECOND. BY COMMISSIONER MANNA. COMMISSIONER BRAGMAN? YES. I'M GONNA BE IN SUPPORT OF THIS MOTION FOR A COUPLE REASONS. UH, ONE, UH, BECAUSE OF THE PHYSICAL CHARACTER OF THE PROPERTY. UH, TWO, THE, UM, CAR PART WAS BUILT BEFORE THE CITY INSTALLED, UM, SIDEWALKS. UM, AND SO I WILL BE IN SUPPORT OF THE MOTION COMMISSIONER MANNA. UM, YES. I'LL ALSO BE IN SUPPORT OF THIS, UM, BEING THAT WE REVIEWED A CASE VERY RECENTLY AND PROVED THAT ONE AS WELL AS, UM, UH, THE NEIGHBOR, UH, UH, ALSO APPROVES THIS. SO THEREFORE I'LL BE VOTING IN FAVOR. ALRIGHT, ANY OTHER COMMISSIONERS? NOPE. ALRIGHT. UH, LET'S HAVE A ROLL [01:05:01] CALL. VOTE PLEASE. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. MANCHACA. I CONCUR. MS. LYNN. I CONCUR. MS. CRUZ I CONCUR. MR. ZUNIGA I CONCUR. MS. KAPLAN I CONCUR. MR. OZUNA. I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF F*G. MOTION PASSES UNANIMOUSLY. UM, CONGRATULATIONS. YOU HAVE ANY QUESTIONS YOU CAN ASK STAFF. THANK YOU SO MUCH. ALL RIGHT. ITEM NUMBER SIX. ITEM NUMBER SIX, BO O A 2 2 1 0 3 0 0 2 0 3. ADDRESS BEING 1 6 9 1 5 VISTA FOREST DRIVE. COUNSEL, DISTRICT NUMBER 10, APPLICANT BEING LUIS ULAS. A REQUEST FOR A NINE FOOT 11 INCH VARIANCE FROM THE 10 FOOT MINIMUM FRONT SETBACK REQUIREMENT TO ALLOW AN ATTACHED CARPORT TO BE ONE INCH FROM THE FRONT PROPERTY LINE. THE ZONING IS R SIX. THE SUBJECT PROPERTY IS LOCATED ALONG VISTA FOREST DRIVE NEAR JUDSON ROAD. A ZONING U D C INVESTIGATION BEGAN BECAUSE THE APPLICANT CONSTRUCTED AN ATTACHED CARPORT WITHOUT PULLING BUILDING PERMITS. CARPORTS ARE REQUIRED TO BE SET BACK 10 FEET FROM THE FRONT PROPERTY LINE AND THE EXISTING CARPORT IS CURRENTLY ONE INCH UPON SITE VISIT. STAFF OBSERVED THAT THERE WERE NO OTHER CARPORTS IN THE IMMEDIATE AREA. AND HERE IS THE SITE PLAN, THE SUBJECT PROPERTY, AND THEN THE FRONT SETBACK AND THE SURROUNDING AREAS. AND HERE IS THE H THE, UM, NEIGHBORHOOD ASSOCIATION COMMENT. OKAY, STAFF'S RECOMMENDATION, FRONT SETBACK VARIANCE STAFF RECOMMENDS DENIAL IN BO 8 2 2 1 0 3 0 0 2 0 3 BASED ON THE FOLLOWING FINDINGS OF FACT, THE CARPORT WOULD BE ONE INCH FROM THE FRONT PROPERTY LINE, WHICH DOES NOT PROVIDE ADEQUATE SPACING FROM THE STREET AND CURB. UH, TWO, NO OTHER CARPORTS ARE FOUND IN THE IMMEDIATE AREA. AND THREE, THE CARPORT WILL INJURE ADJACENT CONFORMING PROPERTIES AND MAY ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. AND HERE IS THE NOTIFICATION PLAN. STAFF MAIL 32 NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION. AND VISTA NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION OF THE REQUEST. THIS CONCLUDES STAFF PRESENTATION AND THE APPLICANT IS PRESENT. ALL. THANK YOU VERY MUCH. THANK YOU. UM, IF THE APPLICANT PLEASE COME FORWARD. HI. JUST STATE YOUR NAME AND TELL US ABOUT YOUR CASE. UH, YES. UH, MY NAME IS, UH, RAFAEL CARRA, OWNER OF, UH, 16 9 1 5 IS THE FOREST DRIVE. UM, SO I HAD, UM, SOMEBODY, YOU KNOW, BUILD ME A CARPORT. I I GUESS HE DIDN'T PULL THE PROPER PERMITS THAT I NEEDED TO DO IT. UM, I APOLOGIZE. I I SHOULD HAVE, I GUESS, LOOKED INTO IT MORE FURTHER AND, YOU KNOW, DONE THE RIGHT THING AND, AND GOTTEN TAKEN CARE OF. BUT I WASN'T AWARE AT THE TIME. SO, MR. CHAIR, WE CAN'T HEAR HIM. YEAH, CAN I'M SORRY. CAN YOU BRING THAT MIC? THERE YOU GO. SO, UM, THAT'S WHY I'M HERE TODAY, UM, TO ASK AND, AND FOR THE PERMITS AND SEE IF YOU GUYS WILL GRANT ME THAT AND READY TO PAY ANY FEES OR FINES THAT I NEED TO. UM, I DID GO AROUND AND TALK TO MY NEIGHBORS IN THE NEIGHBORHOOD. SO I HAVE 10 LETTERS HERE FROM ALL MY NEIGHBORS THAT, UH, AGREE THAT, THAT ARE OKAY WITH MY CARPORT. UM, I SPOKE TO THEM INDIVIDUALLY AND UH, THEY ALL SIGNED, UM, THIS HERE, I DON'T KNOW IF SOMETHING THAT I CAN GIVE. AND SO THEY WERE ALL MY IMMEDIATE, UM, NEIGHBORS NEXT DOOR TO THE RIGHT, TO THE LEFT AND FRONT DOWN THE STREET. AND THERE ARE SEVERAL CARPORTS RIGHT AROUND THE BEND. I DUNNO IF YOU SAW THAT PICTURE THERE, HOW THE NEIGHBORHOOD GOES AROUND IN A CURVE RIGHT THERE. I DO HAVE A DAUGHTER AND MY CHILDREN THAT ARE ALWAYS OUTSIDE IN THAT CORNER. EVERYBODY COMES DOWN SPEEDING PRETTY FAST FROM THERE. SO THE, THE THING OF THE CARPORT WAS TO TRY TO KEEP MY DAUGHTER OUT OF, UH, YOU KNOW, THE FRONT, UH, STREET. UH, 'CAUSE SHE LIKES TO BE ON HER, YOU KNOW, SCOOTERS AND BIKES. AND I DO HAVE MY MOTHER-IN-LAW THAT COMES OUT AND PICKS UP MY, MY, MY DAUGHTER THAT GOES TO ELEMENTARY SCHOOL. SHE IS IN HER SEVENTIES. UM, AND SHE DRIVES HER TO SCHOOL AND PICKS HER UP, BRINGS HER BACK. I'M TRYING TO KEEP HER FROM GETTING HURT IN THE RAIN OR ANY KIND OF, UH, THING THAT COULD, YOU KNOW, PUT HER IN HARM. UM, THAT'S WHY I HAVE THE CARPORT. I AM A COLLISION REPAIR, UH, SPECIALIST. I RUN A COLLISION SHOP. SO, UM, YOU KNOW, THE HEAT IN TEXAS, THAT SUN COMES UP FROM THE EAST RIGHT IN FRONT OF MY HOUSE. I'VE PUT IN, UH, WINDOW TINTING IN THE FRONT BECAUSE THE SUN IS SO HARSH. AND, UM, IT'S VERY EXPENSIVE TO KEEP CARS MAINTAINED. I WAS ARMY. I TRIED TO KEEP ALL MY STUFF REAL NICE AND NEAT, TIGHT. AND, UM, SO I HAVE ABOUT EIGHT VEHICLES THAT I OWN. I OWN A 49 CHRYSLER, UH, CLASSIC THAT IS REGISTERED AS AN ANTIQUE. I DON'T HAVE IT THERE. [01:10:01] I DO STORE MY VEHICLES DIFFERENT PLACES. AND, UM, MOST OF MY CARS ARE WRAPPED, PAINTED, FRESHLY CLEANED. UM, UH, ALL THE NEIGHBORS COME BY, TAKE PICTURES OF MY CARS. THEY LOVE TO SEE IT. THEY, THEY AGREE THAT MY CARPORT IS, UM, IT ACTUALLY BRINGS VALUE TO THE NEIGHBORHOOD. THEY WERE IN FAVOR. THEY TOLD ME THAT THE, UH, THEY PRESIDENT FROM THE, UH, NEIGHBORHOOD ASSOCIATION WENT AROUND, KNOCKED ON THEIR DOORS TOO. BUT THEY, THEY WEREN'T IN FAVOR WITH HER. THEY DIDN'T AGREE WITH THAT. UM, SO THEY DID SIGN MY LETTERS. AND, UM, SO I'M ASKING FOR PER PERMISSION TO PLEASE HAVE MY CARPORT, UM, THE WAY IT IS. UM, I WOULD REALLY APPRECIATE IT IF I NEED TO DO ANY CHANGES. I DON'T MIND DOING THAT. I'M, I'M WILLING TO ADD GUTTERS. UM, WHATEVER YOU THINK I NEED TO DO, BE MORE THAN HAPPY TO, TO, UM, COMPLY. UM, BUT, UM, THAT'S WHY I'M HERE TODAY. OKAY. UM, WELL, BEFORE WE OPEN THIS WITH THE QUESTIONS, IS THERE ANY PUBLIC COMMENTARY? NO PUBLIC COMMENT. ALL RIGHT. UH, SO, UH, I'M GONNA ASK YOU THE SAME QUESTION I ASKED THE OTHER APPLICANT. UM, YES SIR. SO PART OF THE CONCERN IS WHETHER OR NOT TO ME IS WHETHER OR NOT A CARPORT, UH, IS, IS IT GONNA BE IN THE WAY OF PEDESTRIANS USING THE SIDEWALK? NO. ON THE PICTURES IT SHOWS YOU'RE ABOUT WHAT, THREE FEET AWAY FROM THE YES. OKAY. YEAH, IT'S, IT'S BACK. AND HOW WIDE IS THAT SIDEWALK? DO YOU THINK IT'S ABOUT TWO AND A HALF FEET. IT DOESN'T LOOK VERY WIDE. NO, IT'S NOT. OKAY. AND, UH, HOW DEEP IS THE CARPORT? UM, IT GOES ALL THE WAY TO THE GARAGE, TO THE HOUSE. OKAY. I MEAN, ACCORDING TO THIS, UH, THERE'S A PLAN INCLUDED ON YOUR APPLICATION. IT APPEARS THAT IT MIGHT BE, WELL, 10, ALMOST, ALMOST 20 FEET DEEP, SO IT'S NOT LONGER THAN ONE CAR. OKAY. I HAVE NO OTHER QUESTIONS. ANY OTHER COMMISSIONERS? MANNA, REGNER, COMMISSIONER ARMANA THAN BREGMAN. SO, QUESTION I HAVE IS THAT THE NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION. SO HAVE YOU HAD AN OPPORTUNITY TO TALK TO THE NEIGHBORHOOD ASSOCIATION, UM, TO UNDERSTAND WHAT THEIR OPPOSITION IS AND IF THERE IS ANYTHING THAT WAS AVAILABLE FROM A REMEDY PERSPECTIVE? NO. NO, SIR. UM, I KNOW SHE LIVES LIKE BEHIND MY HOUSE TO TWO HOUSES OVER. SO I HAVE A SWIMMING POOL IN MY NEIGHBORHOOD. AND SO MY KIDS ARE IN WRESTLING, AND SO MY DAUGHTER, A SENIOR CLASS PRESIDENT, ALL HER FRIENDS COME OVER SO POPULAR, YOU KNOW, AND SO SHE'S ALWAYS CALLING THE COPS ON US AND STUFF LIKE THAT. SO I, I THINK, I THINK IT'S MORE OF THAT THAN ANYTHING. 'CAUSE EVERYBODY ELSE THAT I TALK TO IS FINE. I MEAN, LIKE HALLOWEEN, EVERYBODY COMES OVER, THEY JUST WANNA SEE MY CARS. UM, I MEAN, I PROBABLY HAVE, UH, ONE OF THE BIGGEST HOUSES IN THE NEIGHBORHOOD AND I HAVE REALLY NICE, YOU KNOW, DIFFERENT CARS THAT FOR ADVERTISING, YOU KNOW, AND THE KIDS LOVE IT. THEY COME OVER, THEY ENJOY IT. I, I HAVE ATVS THAT MY KIDS AND THE FRIENDS AND EVERYBODY IN THE NEIGHBORHOOD ARE ALWAYS COME OVER. SO IT'S, I JUST, YOU KNOW, AND I WAS TRYING TO, YOU INDICATED THAT THERE WAS OTHER CARPORTS IN, IN THE AREA? YES, RIGHT AROUND THE BEND UP. I CAN GIVE YOU ADDRESSES. IT'S DOWN VISA COURT DRIVE. I SAW ONE. SO THERE'S JUST ABOUT THREE OR FOUR. SO THREE OR FOUR. OKAY. YES. YEAH. 'CAUSE I, I SAW, I FOUND THE ONE ON VISTA, BUT THAT WAS THE ONLY ONE I FOUND. UM, OKAY. I, UM, I CAN, I COULD PROBABLY GIVE YOU AN ADDRESS HERE. SORRY, I WASN'T READY FOR THAT. MR. CHAIR, WHILE HE IS WAITING, CAN I ASK HIM A QUESTION? SURE. PLEASE. YEAH. OH, WELL, COMMISSIONER BRAGMAN WAS ACTUALLY IN, WHAT WAS YOUR PHONE NUMBER? YEAH. UM, SO MY QUESTION IS, YOU SAID THAT YOU, UM, DO WORK ON YOU PROFESSIONALLY. I'M SORRY, MA'AM. I'M LISTENING. YES. WORK ON CARS. YES, MA'AM. OKAY. I DON'T WORK AT HOME. , YOU DON'T WORK THERE ON THE PROPERTY? NEVER. I'M TRYING TO LEAVE IT AT THE SHOP. , WHEN I'M AT HOME, I'M AT HOME. MY WIFE WILL . THAT'S IT. SHE TURNS ME OFF. . SO THOSE LIGHTS THAT ARE AT, AT THE TOP OF IT, IT'S NOT FOR WORK. OKAY. IT'S JUST FOR MY DAUGHTERS, MY KIDS TO PLAY. OKAY, THANK YOU. YES, MA'AM. ALL RIGHT. COMMISSIONER ZUNA, UH, YOU SHOWED, UH, LETTERS OF SUPPORT. WERE THOSE LETTERS BY CHANCE, ANY OF THE NEIGHBORS TO THE RIGHT OR LEFT OF YOU? EXACTLY. ALL, ALL 10 NEIGHBORS RIGHT AROUND ME. 10 NEIGHBORS AROUND. INCLUDING THE ONES TO THE RIGHT AND LEFT OF YOU? YES, SIR. OKAY. YES, SIR. THANK YOU. YES. AND WE ALL HELP EACH OTHER. I ALMOST DIED FROM COVID AND SAW MY NEIGHBORS WERE THERE. THEY CUT MY GRASS. THEY, WELL, WHILE YOU'RE LOOKING UP THOSE ADDRESSES FOR COMMISSIONER MANNA, IS THAT THE, UH, THE LETTERS FROM THE APPLICANT? WHY DON'T YOU JUST LET PASS 'EM AROUND? SOMETIMES IT'S EASIER JUST FOR US TO GLANCE TO 'EM. SO THERE'S ONE ON 53 38, I THINK. I CAN'T BARELY SEE THE ADDRESS. 53 38, THERE'S A CARPORT. AND I DIDN'T WANT TO, YOU KNOW, JUST IN CASE, I DON'T KNOW WHAT ANYBODY ELSE DID. I WASN'T TRYING TO CALL ANYBODY ELSE OUT, BUT [01:15:01] FIFTY THREE THIRTY I, OH, THERE THEY ARE DOWN THERE. 54 0 7. YEAH, THAT VIEW SHOWS THEM. UH, I'D LIKE TO READ, UH, AT LEAST THE ADDRESSES, UH, INTO THE RECORD FOR THE SUPPORT SUBMITTED. UH, SO WE HAVE SUPPORT FROM 1 6 9 1 5 VISTA FOREST, UH, TWO SIGNATURES, UH, FROM THREE SIGNATURES. OH NO, I'M SORRY, 53 10 VISTA COURT DRIVE, 53 0 7 VISTA COURT DRIVE 53 0 7 VISTA COURT DRIVE 53 0 2 VISTA COURT DRIVE, 1 6 9 0 7 VISTA FOREST DRIVE, 1 6 9 1 1 VISTA FOREST. AND I DON'T HAVE AN ADDRESS, MR. CHAIRMAN, WHAT'S THE NAME, SIR? IS THAT WITHIN THE 200 YARDS? UM, UH, IT'S UNKNOWN. SOME OF THE, THESE ARE OUR BUDDING OF HOUSE ADDRESSES. OH. SO I'M GONNA KEEP READING. 1 6 9 2 3 VISTA FOREST 53. 22 MOUNTAIN VISTA. MOUNTAIN VISTA IS A STREET THAT THIS STREET, UH, IS TO THE NORTH. IT TEES INTO, UM, 53 22 MOUNTAIN VISTA. 53 0 3 VISTA COURT. AND, UH, 1 6 9 1 9 VISTA COURT. CAN WE KEEP THESE? YES, SIR. ALRIGHT. SO THE STAFF, YOU'D LIKE TO HAVE ANYONE LIKE TO LOOK AT THESE? UH, COMMISSIONER KAPLAN CHAIRMAN? YEAH. I HAVE A QUESTION ABOUT, OKAY. THIS IS A NEIGHBORHOOD ASSOCIATION, NOT A HOMEOWNER'S ASSOCIATION. YES, THAT'S CORRECT. I, I DIDN'T EVEN, WELL, I MEAN, I'VE BEEN THERE FIVE YEARS, BUT I JUST, I KEEP SOME, YOU KNOW, I DON'T, I'M BUSY. I'M, I'M ALWAYS AT MY SHOP AND, UM, I HAVE, YOU KNOW, I HAVE 10 EMPLOYEES, SO I'M WORRIED ABOUT YOUR FAMILIES. I JUST WONDERED IF THEY HAVE RULES, UH, IN THE NEIGHBORHOOD ASSOCIATION ABOUT CARPORTS AND THAT COULD, I DIDN'T SIGN ANYTHING OR AGREE TO ANYTHING. THE OTHER AN H O A WOULD BE MANDATORY. A NEIGHBORHOOD ASSOCIATION IS NOT NECESSARILY MANDATORY. SO THE COMMISSIONER WAS WONDERING WHEN YOU PURCHASED YOUR HOUSE, WAS THERE DEED RESTRICTIONS? NO. OKAY. ALL RIGHT. ANY OTHER QUESTIONS? HEARING NONE, UH, I'LL OPEN THIS UP TO A MOTION. COMMISSIONER ZUNA, REGARDING CASE NUMBER BOA DASH 22 DASH 0 3 0 2 3. I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED REQUEST FOR A NINE FOOT, NINE FOOT, 11 INCH VARIANCE FROM THE 10 FOOT MINERAL FRONT SETBACK AS, AS DESCRIBED IN SECTION 35 DASH THREE DASH ONE, UH, TO ALLOW AND ATTACHED CARPORT TO BE ONE INCH FROM THE BACK OF THE SIDEWALK, SITUATED AT 6,915 VISTA FOREST DRIVE, A APPLICANT BEING LUIS, UH, FARCO, S P E. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECI SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRACT 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 BE THE FRONT SETBACK TO ALLOW IT ATTACH CARPORT TO BE ONE INCH FROM THE BACK OF THE SIDEWALK. THE SPACING PROVIDES SUITABLE SPACE IN BETWEEN THE CARPORT AND CURB, WHICH IS NOT CONTRACTED TO PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LIT LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT BUILDING THE CARPORT 10 FEET FROM THE BACK OF THE SIDEWALK, OR DEMOLISHING THE CARPORT, WHICH WOULD RESULT IN UNNECESSARY HARDSHIP. AS THERE IS LIMITED SPACING TO BUILD A SIZABLE CARPORT. THREE, BY GRANTING THE VARIANCE OF SPIRIT OF THE ORDINANCE WILL BE OBSERVED, 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 CARPORT WOULD BE ONE INCH FROM THE BACK OF THE SIDEWALK, WHICH WILL OBSERVE THE SPIRIT OF THE ORDINANCE BECAUSE IT WOULD PROVIDE ADEQUATE DISTANCE FROM THE SIDEWALK. FOR THE VARIANCE WILL NOT AUTHORIZE IN OPERATION OF USE OTHER THAN THOSE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE BY VARIANCE, WITHOUT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALL TO THE CENTRAL CHARACTER OF THE DISTRICT, WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE CARPORT WILL REMAIN ONE INCH FROM THE SIDE, BUT FROM THE BACK OF THE SIDEWALK. THIS DISTANCE PROVIDES ADEQUATE SPACING, WHICH IS NOT LIKELY TO INJURE ADJACENT CONFORMING PROPERTY OR ALL TO THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH ITS VARIANCE IS SOUGHT, IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND NOT MERELY FINANCIAL. THEY'RE NOT DUE TO THE RESULT OF GENERAL CONDITIONS. THE DISTRICT, WHICH THE PROPERTY IS LOCATED, STAFF FINDS OF APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SOUGHT, IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE LIMITED SPACING, THE FRONT, THE CIRCUMSTANCES APPEAR TO BE THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. AND A MOTION. SECOND. SECOND BY COMMISSIONER MANNING. COMMISSIONER ZUNA. YEAH. I'M GONNA SUPPORT THE, THE, UH, MOTION AS READ. UM, YOU KNOW, WE, THE MOST AFFECTED PARTIES WOULD BE THE NEIGHBORS THAT ARE EITHER TO THE RIGHT OR LEFT. HE HAS SUPPORT FOR THE NEIGHBOR IS, UM, I THINK THE CARPORT, IT LOOKS LIKE IT WAS BUILT PRETTY [01:20:01] IN GOOD CONDITION. IT'S ATTACHED TO THE PROPERTY. UM, YOU KNOW, IT, IT, UH, IT DOESN'T, TO ME IT'S IN CONTINUITY WITH THE NEIGHBORHOOD. WE SAW EVIDENCE OF OTHER, UH, NEIGHBORING, UM, CARPORTS THAT LOOK JUST LIKE THIS. AND SO IN TERMS OF THE CONTINUITY AND, AND SPIRIT OF THE ORDINANCE, I THINK, I THINK, UH, YOU KNOW, IT'S NOT CONTRARY. AND SO I'M GONNA SUPPORT THE VARIANCE. COMMISSIONER MANNA. YEAH. I'M HAVING SOME CHALLENGES HERE, SO I MAY NOT BE SUPPORTING THIS. UM, SO LOOKING AT THE NOTE FROM THAT WAS PROVIDED BY THE PRESIDENT OF THE H HO OR THE NEIGHBOR ASSOCIATION. THERE'S 620 HOMES, FIVE OF WHICH HAVE CARPORTS, AND NONE OF THEM WERE BROUGHT THROUGH, AND POSSIBLY NOT ANY OF THEM WERE PERMITTED. AND SO THERE'S DIALOGUE ABOUT THAT. UM, SO, UM, YOU KNOW, AND, AND YES, I DO AGREE THAT THE NEIGHBORS ARE THERE, BUT THERE'S ALSO A COMMUNITY TRYING TO MAKE THE COMMUNITY CONSISTENT AND, AND SUPPORT THE COMMUNITY ITSELF. SO I'M STRUGGLING TO SUPPORT THIS ZUNIGA MINKA, UH, COMMISSIONER ZUNIGA, AND THEN MINKA. UM, I'M GOING VOTE FOR, BUT I MEAN, I, I'M PUZZLED THAT IN THE BUSINESS THAT YOU'RE IN, THAT, UH, YOU SHOULD HAVE KNOWN THAT THERE'S LOSS. AND, UH, IT, IT REALLY PUZZLED ME THAT YOU DIDN'T GET A, A PERMIT, YOU KNOW, YOUR OWN HOUSE. AND I APOLOGIZE NOW, I DON'T KNOW, YOU KNOW, BUT LIKE I SAY IN YOUR BUSINESS THAT THAT'S WHAT YOU DEAL WITH DAY AND NIGHT. BUT, YOU KNOW, I MEAN, I'M GONNA VOTE, BUT YOU KNOW, I, I I CANNOT FATHOM WHY YOU DIDN'T GET A PERMIT. DID YOU BUILD IT YOURSELF? NO, SIR. COMMISSIONER MANCHACA, THANK YOU. YES, SIR. I ALSO, UH, WILL NOT SUPPORT THIS, UM, IN DISAGREEMENT WITH, UH, THE LACK OF THE, UH, NOT ONLY THE PERMIT, BUT ALSO THE KNOWLEDGE OF THE BUSINESS THAT YOU'RE IN. EVERYTHING HAS A PERMIT JUST ABOUT. YES. AND, UH, COMMISSIONER SPELMAN, UH, I WORRY TOO THAT THE, THE LIGHTING, UH, IS GONNA BE AFFECTING THE, THE NEIGHBORS. I DON'T KNOW HOW YOU GET AROUND THAT. I, I WOULD BE VERY UPSET IF SOMEONE PUT A, A, A REALLY WELL LIT, UH, CARPORT OUT IN FRONT. AND IT WAS, YOU KNOW, UH, BOTHERING ME. I I PROBABLY WILL NOT SUPPORT THIS EITHER. I DON'T TURN THE LIGHTING ON, UM, AT NIGHT. OKAY. HOLD, HOLD ON, SIR. YES, SIR. SO, A QUESTION FOR STAFF, CAN WE, IS IT, IS IT POSSIBLE TO HAVE A CONDITION WHERE THERE'S NO LIGHT, A CARPORT WITH NO LIGHT? NO, I CAN TAKE DOWN THE LIGHT. CAN THE, CAN THE APPLICANT AMEND THEIR APPLICATION TO REMOVE THE LIGHTS? EVERYBODY HAS A RIGHT TO LIGHTING. RIGHT? SO IN WHATEVER WAY THEY USE IT, AS LONG AS IT'S NOT CREATING A CODE VIOLATION IS PERMITTED. SO, UM, IT'S NOT A STIPULATION THAT COULD BE, UM, THAT WOULD BE FAIRLY EXECUTED AS PART OF THIS REQUEST. OKAY. SO IF HE WERE TO AMEND HIS APPLICATION TO REMOVE THE LIGHTS AS PART OF THAT, THAT'S NOT GONNA, THAT CAN'T BE, THAT CAN'T HAPPEN. YOU COULD DO IT, BUT HE IS ALLOWED TO HAVE LIGHTING IN HIS FRONT YARD. YEAH. AS LONG AS IT'S NOT AFFECTING OTHER RESIDENTS AS, OKAY. UH, ANYONE ELSE? LIKE TO, ANYONE ELSE LIKE TO, UH, ADD, UH, I'M GONNA ADD THAT, UM, I'M IN, I'M IN SUPPORT OF THIS FOR, FOR TWO REASONS. UH, ONE, THERE ARE SOME OTHER CARPORTS IN THE AREA, BUT, BUT THE BIG BIG REASON IS, IS THAT THE VAST MAJORITY OF THE HOMES IN THIS NEIGHBORHOOD, THAT GARAGE IS SET BACK 20 FEET FROM THE PROPERTY LINE. SO, YOU KNOW, NO ONE CAN HAVE A CARPORT UNLESS THEY'RE, THEY'RE IN VIOLATION. AND SO I, I DON'T SEE AN ISSUE WITH SOMEONE PUTTING ONE IN. I SEE THAT AS A HARDSHIP, UH, AS LONG AS THEY'RE, YOU KNOW, A GOOD DISTANCE AWAY FROM THE PEDESTRIAN SIDEWALK, THAT THAT'S WHAT'S IMPORTANT TO ME. AND SO IF HE'S THREE, FOUR FEET AWAY FROM THE BACK EDGE OF THAT SIDEWALK, AND HE'S NOT MAKING IT ANY LONGER THAN IT NEEDS TO BE, UM, I SEE. I SEE IT AS A, AS A HARDSHIP AND I'LL BE IN SUPPORT. UH, ANYONE ELSE LIKE TO ADD MR. CHAIR? I WAS JUST COMMISSIONER ZUNA GONNA ASK, ASK THE PRIVILEGE, IF I CAN AMEND THE MOTION, IF IT'LL, UM, SWAY ANY OF THE OTHER BOARD MEMBERS. UH, IF WE WERE TO MAYBE SHORTEN THE, THE, THE WIDTH OF THE, OF THE CARPORT OR SOMETHING THAT, THAT CAN GAIN FAVOR OF THE MOTION. IS THERE, IS THERE ANY COMMISSIONERS WHO, WHO MAY NOT BE IN SUPPORT OF THIS? UH, ANY WIGGLE ROOM ON THEIR PART? NO. OKAY. UH, COMMISSIONER, COMMISSIONER MANCHACA. YES, PLEASE LET, LET'S CLARIFY WHAT WE'RE TALKING ABOUT. THE WIDTH OR THE FRONT ALSO, LET'S BE SPECIFIC. YEAH. THE, THE WIDTH ISN'T, THERE'S NO FIVE FOOT, THERE'S NO SIDE SETBACKS. THEY, THEY'RE FIVE FEET AWAY, SO IT'S NOT AN ISSUE. UM, IT'S THE COMMISSIONER UNA WAS, WAS, UH, INQUIRING ABOUT THE DEPTH. AND SO WE'RE JUST, I'M JUST TRYING TO ASCERTAIN IF THERE'S ANY SORT OF WIGGLE ROOM ON THIS BEFORE WE, UH, CONTINUE. I, I [01:25:01] THINK COMMISSIONER RYAN, I THINK COMMISSIONER KATHLEEN THINK THE ISSUE AS STATED BY COMMISSIONER MANA IS, YOU KNOW, THIS, THE APPLICANT HAS COME, UH, ASKING FOR PERMISSION, UH, FOR APPROVAL RATHER THAN, UH, FORGIVENESS RATHER THAN PERMISSION. AND I THINK THAT'S WHAT THE ISSUE IS, IS THAT THERE, HE, HE KNEW THERE SHOULD HAVE BEEN A PERMIT. AND, UM, AND IT'S, IT'S KIND OF A PRECEDENT THAT'S BEEN SET IN THIS NEIGHBORHOOD AND, UH, THAT YOU COULD JUST, YOU KNOW, DO WHATEVER YOU WANT AND THEN GET PERMISSION FOR IT. THAT'S, THAT'S, I THINK THE ISSUE. IT, I I, I GET THAT. I, I, I JUST CAN'T GET PAST THE FACT THAT NO ONE IN THIS NEIGHBORHOOD'S ALLOWED TO HAVE A CARPORT. THAT THAT'S, THAT'S WHAT I'M CAN'T GET PAST IS BECAUSE NOBODY'S HOUSE IS SET BACK FAR ENOUGH FOR THEM TO HAVE A CARPORT TO COVER A CAR. AND SO I, IF NO ONE CAN HAVE ONE TO ME, A HARDSHIP EXISTS. SO AS LONG AS YOU'RE NOT BLOCKING THE PEDESTRIAN SIDEWALK, OR YOU'RE NOT CAUSING DRAINAGE ISSUES, THAT, THAT'S THE ONLY REASON WHY I'M IN SUPPORT OF IT. UH, 'CAUSE HE'S GONNA HAVE TO GET A PERMIT. THE APPLICANT WAS A, A STRUCTURAL ENGINEER THAT WAS INVOLVED. DID HE GIVE YOU A, DID HE GIVE YOU A SUPER STRUCTURAL LETTER ASCERTAINED TO ANYTHING ON THIS? I DIDN'T KNOW WHAT TO ASK FOR. I JUST, HE TOLD ME THIS IS HOW MUCH IT COSTS. AND, UH, BUT HE, DO YOU TAKE CARE OF IT? AND THAT'S WHAT I THOUGHT HE DID. DID THAT. DID THE ENGINEER, THAT THE APPLICANT, DID HE PREPARE ANY PLANS OR ANY STRUCTURAL ANYTHING ON THIS CARPORT? UM, I, I MEAN, I WOULD HAVE TO SAY YES. I MEAN, IT'S BUILT REALLY, REALLY WELL. OH, HE BUILT IT. THE ENGINEER BUILT IT. I DIDN'T BUILD IT. YEAH, NO. SEE THERE'S A SEAL. ONE OF OUR EXHIBITS, A SITE PLAN. EXHIBIT HAS A SEAL BY AN ENGINEER. HE HAD APPEARED BEFORE. OH, NO, NO. HE'S, HE'S, UH, HE WAS, UH, HELPING, UM, TRYING TO, UM, HAVE YOU APPLIED FOR A PERMIT? UM, DID, DID HE APPLY FOR IT? NO. NO. AND MR. IS THE ONE THAT WAS GOING, OH, I'M SORRY. YEAH. PLEASE STATE YOUR NAME. UH, UM, FRANCISCO PENA. MM-HMM. , UH, MR. FARASS WAS THE ONE THAT TOLD US WE HAD TO GO THROUGH THIS PROCESS TO GET APPROVAL AND THEN, I GUESS, AND DIDN'T APPLY FOR THE PERMIT. SO YOU HAVE NOT APPLIED FOR A PERMIT EITHER? THERE HAD NO, THE, UH, THE PERSON THAT BUILT IT WAS, UM, UNKNOWN RIGHT NOW, I DON'T KNOW. BUT, UH, SINCE I WORK WITH, UH, MR. , I GOT HIM, YOU KNOW, TO ASK HIM AND SEE WHAT WAS THE PROCESS. SO HE SAID WE COULD PROBABLY GET A VARIANCE, YOU KNOW. OKAY. SO HE DIDN'T PROVIDE STRUCTURAL ENGINEERING SERVICES ON THE DESIGN OR? NO, HE LOOKED AT IT AND HE SAID IT WAS PRETTY WELL STALL AND KNOW, PRETTY WELL BUILT. OKAY. THANK YOU. YOU MANNA COMMISSIONER MANNA. SO AND SO, YOU KNOW, TO ADDRESS ONE OF THE QUESTIONS THAT YOU, OR THE POINTS YOU BROUGHT UP. YOU KNOW, I THINK THAT IF THE, IF THE COMMUNITY AT LARGE SAID, YES, WE RECOGNIZE THAT WE DON'T HAVE CARPORTS, LET'S COME TOGETHER AS A COMMUNITY AND SAY THAT WE'RE GONNA PERMIT 'EM, YOU KNOW, THEN, THEN I, I WOULDN'T HAVE A PROBLEM WITH THAT AT ALL. BUT, BUT, YOU KNOW, HAVING, WE'LL SAY THE, YOU KNOW, THE CART BEFORE THE HORSE, I THINK THAT'S WHERE I HAVE A CHALLENGE. AND SO, SO ABSOLUTELY. I I, I AGREE WITH YOU. YEAH. BUT, BUT I THINK, YOU KNOW, IT REALLY SHOULD BE A COMMUNITY DECISION REALLY THAN INDIVIDUAL'S DECISION. TOTALLY UNDERSTAND. UH, ANY OTHER COMMENTARY? UH, ALRIGHT, LET'S HAVE A ROLL CALL. VOTE MR. OZUNA. I CONCUR. MR. MADA, I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I DO NOT CONCUR. MR. MENCHACA. I DO NOT CONCUR. MS. LIN. I DO NOT CONCUR. MS. CRUZ. I CONCUR. MR. ZUNIGA. I CONCUR. MS. KAPLAN, I DO NOT CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. UH, MOTION FAILS. UH, FIVE TO FIVE. SO SIR, IF YOU CAN GET WITH STAFF, THEY CAN TALK TO YOU ABOUT, UH, YOUR NEXT STEPS. ALRIGHT, NEXT CASE. ITEM SEVEN. THIS HERE. AGENDA ITEM NUMBER SEVEN, BO A 22 1 0 3 0 0 2 2 3. ADDRESS IS 1614 SAN CARLOS STREET COUNCIL DISTRICT FIVE APPLICANT IS MARCOS BLEDSO. A REQUEST FOR A 250 FOOT SQUARE FOOT. LOT SIZE VARIANCE FROM THE 4,000 MINIMUM LOT SIZE TO ALLOW A LOT TO BE 3,750 SQUARE FEET. ZONING IS R FOUR. THE SUBJECT PROPERTY IS LOCATED ON SAN CARLOS STREET BETWEEN SAN PICASSO AND SOUTH HAMILTON AVENUE AND WAS LOCATED WITHIN THE ORIGINAL 36 SQUARE MILES OF THE CITY OF SAN ANTONIO. THE LOT IS CURRENTLY VACANT AND HAS BEEN VACANT FOR SOME TIME. THE APPLICANT IS REQUESTING A 250 SQUARE FOOT VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT [01:30:01] LOT SIZE REQUIREMENT TO CONSTRUCT A SINGLE FAMILY DWELLING. THE SITE PLAN, THE SUBJECT PROPERTY, AND THE SURROUNDING AREA. STAFF RECOMMENDS APPROVAL AND LOT SIZE VARIANCE IN BO O A 22 1 0 3 0 0 2 2 3 BASED ON THE FOLLOWING FINDINGS OF FACT, THE LOT SIZE IS CURRENTLY 3,700 SQUARE 50 SQUARE FEET. THE LOT SIZE VARIANCE WILL ALLOW THE DEVELOPMENT OF THE LOT AND THE VARIANCE DOES NOT APPEAR TO NEGATIVELY AFFECT ADJACENT PROPERTIES. NOTIFICATION PLAN, 31. NOTICES WERE MAILED. ZERO IN IN FAVOR, ZERO IN OPPOSITION AND NO RESPONSE FROM THE EL CHILD NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. ALRIGHT, THANK YOU. THANK YOU. UH, LET'S HAVE THE APPLICANT COME FORWARD. HELLO EVERYONE. HI. IF YOU COULD JUST STATE YOUR NAME AND TELL US ABOUT YOUR CASE. MARCUS BLEDSO. I AM, UH, AGENT FOR THE OWNER WHO IS ACTUALLY PRESENT IN THE ROOM AS WELL. AND UH, THE INTENTION IS TO DEVELOP A SMALL THREE BEDROOM, UH, TWO BATH HOME ON THE PROPERTY. AND THE PROPERTY IS 250 SQUARE FEET, UH, TOO SMALL IN IN SQUARE FOOTAGE FOR THE ZONING. SO YOU KNOW, THE REQUEST IS FOR THE VARIANCE SO THAT WE CAN GO AHEAD AND, AND, UH, ACCOMPLISH THAT DEVELOPMENT. THE BUILDING PERMIT APPLICATION HAS BEEN SUBMITTED AND IT'S JUST ON HOLD PENDING THE RESULT OF THIS, THIS HEARING. DID YOU APPLY FOR A C OF O UH, C CERTIFICATE OF DETERMINATION ON THIS? CORRECT. WE DID THAT AS WELL, WHICH IS ALSO ON HOLD, UH, BECAUSE OF OUR PENDING OUR DECISION. CORRECT. OKAY. UM, STAFF, IS THERE ANY PUBLIC COMMENTARY ON THIS? THERE'S NO PUBLIC COMMENT. ALRIGHT, IS THERE ANY COMMISSIONER QUESTIONS? BRAGMAN COMMISSIONER BRAGMAN. UM, SO YOU'LL BE IN COMPLIANCE WITH THE SIDE FRONT AND BACK, UH, SETBACK REQUIREMENTS? THAT'S CORRECT. THANK YOU. ALL RIGHT. ANYONE ELSE? CRUZ COMMISSIONER CRUZ. UM, I'M LOOKING AT THE PICTURE NOW OF THE PROPERTY. UH, THE FENCE GO ALL THE WAY AROUND IT. AND IS IT, OR IS THAT THE NEIGHBOR'S YARD AND THEN A SEPARATE PROPERTY? I JUST CAN'T TELL THE EXISTING CHAIN LINK. LINK FENCE. RIGHT. THE CHAIN LINK FENCE GOES ALL THE WAY AROUND THE PROPERTY ITSELF. OKAY. SO THE HOME ON THE RIGHT HAND SIDE DOES, IT'S NOT PART OF THIS PROPERTY, CORRECT? THAT'S CORRECT. OKAY. AND WHAT'S BEHIND IT? BEHIND THE, THE, THE FENCE ON THE BACK? IS THAT, UH, THE NEIGHBOR OR IS THERE A A ALLEY ALLEY DOWN BACK THERE? YOU KNOW, THAT'S A GOOD QUESTION. DO YOU, THERE THERE'S NO ALLEY. THERE IS NO ALLEY, THERE'S NO ALLEY. GO RIGHT AWAY. OKAY. SO THEN THE, THE BACK OF THE OTHER PROPERTY WOULD BE RIGHT BEHIND. OKAY, THANK YOU. YES, MA'AM. ALL RIGHT. ANYONE ELSE? HEARING NONE IS LOOKING FOR A MOTION. BRAGMAN COMMISSIONER BRAGMAN REGARDING CASE NUMBER BO O A DASH 22 DASH 0 3 0 2 2 3. I MOVE TO THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A 250 SQUARE FOOT LOT SIZE VARIANCE FROM THE 4,000 MINIMUM LOT SIZE TO ALLOW A LOT TO BE 3,750 SQUARE FEET SITUATED AT 1 6 1 4 SAN CARLOS STREET, APPLICANT BEING MARCUS BLEDSOE BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE APPLICANT IS REQUESTING A 250 SQUARE FOOT VARIANCE FROM THE 4,000 MINIMUM LOT REQUIREMENTS. THE VARIANCE REQUEST DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST AS GRANTING THE VARIANCE WOULD ALLOW THE DEVELOPMENT OF A SINGLE FAMILY RESIDENCE DUE TO SPECIAL CONDITIONS. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN HAVING TO MAINTAIN THE PROPERTY VACANT, UM, AS IT WOULD NOT BE DEVELOPABLE WITH THE CURRENT SQUARE FOOTAGE. 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. NO OTHER USES WILL BE PERMITTED ON THE PROPERTY OTHER THAN A SINGLE FAMILY RESIDENCE. THE REQUEST APPEARS TO OBSERVE THE SPIRIT OF THE ORDINANCE. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF DOES [01:35:01] NOT FIND EVIDENCE THAT THE REQUESTED VARIANCE WOULD ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THE PROPERTIES ADJACENT TO THE SUBJECT PROPERTY DO NOT MEET THE MINIMUM LOT SIZE REQUIREMENTS OF THE R FOUR BASE ZONING DISTRICT. THEREFORE, INJURY TO ADJACENT PROPERTIES IS HIGHLY UNLIKELY. THE PRIDE OF THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR THE VARIANCES SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE REQUEST DOES NOT APPEAR MERELY FINANCIAL. END OF MOTION. SECOND. SECOND BY COMMISSIONER CRUZ. COMMISSIONER BRAGMAN? YES. I'M GONNA BE IN SUPPORT OF THIS MOTION. UM, THIS IS A VERY MINOR REQUEST AND THE APPLICANT HAS SAID THAT HE'S GONNA BE MEETING ALL THE SITE FRONT SETBACKS AND AS WE KNOW, WE'RE FACING A HIGH, UH, HOUSING SHORTAGE IN SAN ANTONIO. AND SO THIS WILL ADD TO THE HOUSING STOCK. SO I'LL BE IN SUPPORT OF THE MOTION. THANK YOU. COMMISSIONER CRUZ? UM, YES, I CONCUR WITH MY COLLEAGUE. UH, THIS IS A NEIGHBORHOOD THAT REALLY IS EXPANDING AND ALWAYS NEEDS NEW HOMES. THANK YOU. THANK YOU. ANYONE ELSE? I JUST WANTED TO ADD THAT MOST OF THE, UH, DEVELOPMENT IN THIS AREA IS, LOOKS LIKE IT'S UNDER 4,000 SQUARE FEET PER TRACK ANYWAY, SO I'LL BE IN SUPPORT. UH, 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. MR. MANCHACA. I CONCUR. MS. LYNN. I CONCUR. MS. MR. ZUNIGA. I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR. MR. ZUNA. I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. UH, CONGRATULATIONS AND GOOD LUCK. GOOD LUCK WITH YOUR PROJECT. THANK YOU. THANK YOU. ALL RIGHT. ITEM NUMBER EIGHT. ITEM NUMBER A IS FOR CASE BO O A DASH 22 DASH 1 0 3 0 2 2 5. LOCATED AT 2 5 8 ARDMORE STREET WITHIN COUNCIL DISTRICT SIX, THE APPLICANT BEING DARYL SHELTON IS A REQUEST FOR ONE 14 FOOT 11 INCH VARIANCE FROM THE 15 FOOT SIDE SETBACK FROM THE HIGHWAY 1 51 GATEWAY CORRIDOR OVERLAY DISTRICT TO ALLOW FENCE TO FENCE WITH BARBED WIRE TO BE ONE INCH FROM THE SIDE. PROPERTY LINES TWO A 23 FOOT 11 INCH VARIANCE FROM THE MINIMUM 30 FOOT REAR SETBACK WITH A SIX FOOT CREDIT TO THE ALLEY TO ALLOW A FENCE WITH BARBED WIRE TO BE ONE INCH FROM THE REAR PROPERTY LINE. A NINE FOOT VARIANCE FROM THE MINIMUM 25 FOOT CLEAR VISION REQUIREMENT TO ALLOW A FENCE TO BE 16 FEET FROM THE SIDE CURB. FOUR. A 12 FOOT VARIANCE FROM THE 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A FENCE TO BE THREE FEET FROM THE DRIVEWAY. FIVE OF TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT FENCE HEIGHT TO ALLOW PREDOMINANTLY OPEN FENCE TO BE EIGHT FEET TALL ALONG THIS SIDE AND REAR PROPERTY LINES. AND FINALLY, A SIX THREE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT FENCE HEIGHT TO ALLOW PREDOMINANTLY OPEN FENCE TO BE EIGHT FEET TALL ALONG THE FRONT PROPERTY LINES. THE PROPERTY IS OWNED. C ONE LIGHT COMMERCIAL DISTRICT. THE SUBJECT PROPERTY IS LOCATED AT THE CORNER OF SOUTH ACME ROAD IN ARDMORE DRIVE IN 2015. THE PROPERTY WAS REZONED FROM OUR FOUR RESIDENTIAL SINGLE FAMILY DISTRICT TO C ONE LIKE COMMERCIAL DISTRICT WITH THE INTENTION TO DEVELOP A FOOD SERVICE ESTABLISHMENT. 2019. THE APPLICANT WAS GRANTED A VARIANCE BY THE BOARD OF ADJUSTMENT FOR REDUCTION ON THE TYPE B LANDSCAPE BUFFER REQUIREMENT TO THE REAR AND SIDE, EXCUSE ME, TO THE REAR, A SIDE SETBACK VARIANCE AND A REAR SETBACK VARIANCE. A BUILDING PERMIT APPLICATION FOR TWO STRUCTURES WAS SUBMITTED SOON AFTER THE VARIANCE WAS GRANTED. EARLY LAST YEAR, AN ADMINISTRATIVE EXCEPTION VARIANCE REQUEST APPLICATION WAS SUBMITTED TO ALLOW THE PROPERTY TO MAINTAIN A BARBED WIRE FENCE. A PROVISION IN SECTION 35 DASH 514 STATES THAT A BARBED WIRE FENCE MUST BE LOCATED, BE BEHIND THE MINIMUM SETBACK. A PROPERTY WITH THE C ONE LIGHT COMMERCIAL DISTRICT DESIGNATION REQUIRES A 10, A 10 FOOT MINIMUM SIDE SETBACK. HOWEVER, THE PROPERTY IS IN THE HIGHWAY 1 51 GATEWAY CORRIDOR OVERLAY, WHICH REQUIRES 15 FEET SIDE SETBACKS. THERE IS NO FRONT SETBACK REQUIREMENT AND C ONE, BUT THERE IS A 30 FOOT REAR SETBACK REQUIREMENT. THE APPLICANT IS REQUESTING TO MAINTAIN THE BARBED WIRE FENCE ONE INCH FROM THE SIDE AND REAR PROPERTY LINES. THE FENCE IS ALSO ENCROACHING INTO THE CLEAR VISION FIELDS. THE FENCE MEASURED AT EIGHT FEET TALL AND COMPOSES OF SIX FOOT, SIX FEET OF CHAIN LINK AND TWO FEET OF BARBED WIRE ALL AROUND. [01:40:02] HERE IS THE SITE PLAN, UH, DEPICTING THE REQUESTS. A PICTURE OF THE FRONT FACING TOWARDS SOUTH ACME, A SIDE VIEW OF THE PROPERTY AND SOUTH ACME ON THE RIGHT. THIS IS A PICTURE TAKEN FROM SOUTH ACME, UH, FACING TOWARDS LO BRANO STREET. THE SIDE VIEW OF THE PROPERTY. UM, THIS IS THE SIDE PROPERTY LINE ABUTTING THE R FOUR RESIDENTIAL SINGLE FAMILY DISTRICT PROPERTY THAT IS VACANT. THAT IS THE, UH, PROPERTY NEXT DOOR THAT IS VACANT. AND THEN THIS IS JUST ANOTHER VIEW, UM, FACING TOWARDS THE FRONT OF THE PROPERTY LINE TAKEN FROM THE BACK. SO FOR THE FIRST REQUEST, UM, STAFF RECOMMENDS DENIAL IN STAFF. RECOMMENDS DENIAL FOR THE, UH, EAST SIDE FENCE SETBACK VARIANCE. BE, UH, BASED ON THE FOLLOWING FINDINGS, THE A BUDDYING PROPERTY IS OWNED. OUR FOUR RESIDENTIAL FAMILY DISTRICT AND INTO THE FENCE, LOCATION AND MATERIAL COULD BE CAPABLE OF INFLICTING SIGNIFICANT AND PHYSICAL INJURY TO THE GENERAL PUBLIC REGARDING THE WEST SIDE FENCE SETBACK VARIANCE, A REAR FENCE, SETBACK VARIANCE, AND CLEAR VISION VARIANCES. STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING FINDINGS. ONE, THE SUBJECT PROPERTY IS LOCATED ON A CORNER LOT. TWO, THERE IS AN ALLEYWAY LOCATED ALONG THE REAR. AND THREE, THERE IS INADEQUATE SPACE TO COMPLY WITH ALL FENCING REQUIREMENTS. LASTLY, REGARDING THE FRONT SIDE AND REAR SETBACK, SPECIAL EXCEPTIONS, STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING FINDINGS. ONE, THE FENCE WILL BE MADE OF PREDOMINANTLY OPEN MATERIALS. TWO. THE FENCE DOES NOT APPEAR TO POSE ANY ADVERSE IMPACTS TO THE SURROUNDING PROPERTIES. THREE. THERE IS AN ALLEYWAY LOCATED IN THE REAR. WE MAILED OUT 27 NOTICES. WE DID NOT RECEIVE ANY IN FAVOR OR ANY IN OPPOSITION AND WE DID NOT RECEIVE A RESPONSE FROM COMMUNITY WORKERS, UH, COUNSEL OR LOS CARDENAS NEIGHBORHOOD ASSOCIATION. THIS DOES CONCLUDE STAFF'S PRESENTATION. WE DO HAVE THE APPLICANT PRESENT TO ANSWER ANY QUESTIONS. THANK YOU. AND, UH, QUICK QUESTION, UH, TWO LOTS OVER. THERE'S A CD ON THE R FOUR. DO YOU KNOW, IS THAT FOR, WHAT'S THAT FOR? UM, I CAN CHECK ON THAT. I'M NOT QUITE SURE RIGHT NOW. THANK YOU. AS THE APPLICANT COME FORWARD, PLEASE. MY NAME DARRYL SHELTON. AND, UH, FIRST OF ALL I'D LIKE TO SAY IS I HAD SUBMITTED PAPERWORK, UH, ABOUT BEFORE THIS GENTLEMAN GOT TOOK OVER TO THE LADY NAMED VERONICA. AND IT WAS STAYED IN THERE ABOUT FIVE MONTHS AND SHE NEVER EVEN TOUCHED MY PAPERWORK. BUT WHEN THIS GENTLEMAN HERE GOT PROMOTED TO THE POSITION, HE GOT ON MY, UH, ON MY CASE JUST LIKE THAT. AND I, THAT'S THE REASON I'M HERE TODAY. AND THEY PROMOTED THE LADY V UH, VERONICA. AND I DON'T KNOW WHY THEY DID IT WITHOUT, IT TOOK FIVE MONTHS AND I CAME IN TO SEE WHAT WAS GOING ON WITH MY, YOU KNOW, BY ME SUBMITTING MY APPLICATION. HE SAY, WELL THEY NEVER EVEN, THEY AIN'T NEVER EVEN TOUCH YOUR, YOU KNOW, YOUR PAPERWORK. SO NOW TO WHERE I'M AT NOW TODAY IS UM, BECAUSE I HAD BREAK-INS AT MY PROPERTY AND THEY CAME IN, RIPPED ME OFF AND EVERYTHING AND I HAD THE FENCE, YOU KNOW, THE PER THE PERMIT AND EVERYTHING. DIG, YOU KNOW, I HAD GOT IT AND I PUT THE, THE UH, UH, THE BAR WALL ON THE TOP OF IT AND EVERYTHING BECAUSE I HAD THREE POLICE REPORTS AND EVERYTHING AND THEY, UH, CAME THERE. 'CAUSE THERE'S A LOT OF PEOPLE THAT'S LIVING IN THE BACK OF, IN THAT PROPERTY. BUT I, I, I DIDN'T, I DIDN'T SEE A LOT OF THE, THE PICTURES THAT, WELL, I DON'T KNOW IF THEY SHOWING 'EM NOW WHERE THAT'S THE, WHERE THEY WERE STAYING AT AND THEY WERE COMING INTO MY PROPERTY AT. BUT SINCE I PUT THE, THE CHAIN LINK ON THERE, I HAVEN'T HAD ANY BREAK IN SINCE, YOU KNOW, SO THAT'S WHY I'M ASKING THE BOARD IF Y'ALL SUBMIT ME TO KEEP MY, YOU KNOW, MY CHAIN LINK UP THERE BE, I MEAN MY, UH, BARB THERE, YOU KNOW, TO KEEP THEM FROM COMING OVER INTO MY PROPERTY AND RIPPING ME OFF. OKAY. UH, AND DID THEY, DID STAFF EXPLAIN TO YOU, UH, THAT THEY'RE RECOMMENDING APPROVAL FOR EVERYTHING EXCEPT FOR THE PLACEMENT OF, OF A FENCE WITH BARBED WIRE ABUTTING THE RESIDENTIAL LOT NEXT TO YOU, LIKE STAFF IS SUPPORTING ALL, ALL, UH, SIX OF THE, OF THE ITEMS WITH EXCEPTION OF OF, OF BASICALLY HAVING BARBED WIRE ON THE SIDE THAT'S NEXT TO THE VACANT RESIDENTIAL LOT. CAN YOU REPEAT THAT? COULDN'T I CAN, YEAH. STEF, CAN YOU BRING UP, UH, THE, UM, HERE WE GO. UH, NOT, NOT ONE OF THE PICTURES, BUT ONE OF THE SITE PLANS. EITHER THE ZONING, THAT ONE, THAT ONE'S FINE. OKAY. SO YOU, YOU [01:45:01] ARE ON THE CORNER AND THEN NEXT TO YOU THERE'S A VACANT RESIDENTIAL LOT. YES. AND STAFF IS SAYING THEY'RE, THEY'RE AGREEING WITH EVERYTHING WITH THE EXCEPTION OF BARBED WIRE ON THE FENCE ON THE SIDE. MM-HMM. . THAT THAT'S THE ONLY THING THAT THEY'RE RECOMMENDING FOR DENIAL. UH, MOSTLY BECAUSE IT'S NEXT TO A RESIDENTIAL LOT AND THE PROVISION OF BARBED WIRE IS SOMETHING THAT WE DON'T JUST LET PEOPLE DO LIGHTLY. I MEAN, THERE HAS TO BE A A, A JUSTIFIABLE REASON AND BEING NEXT TO RESIDENTIAL CAN BE TOUGH. SO, UH, I JUST WANTED TO MAKE SURE THAT WAS EXPLAINED TO YOU, UM, OF WHAT, WHAT THEY'RE RECOMMENDING. OKAY, THAT'S UNDERSTANDABLE. I MEAN, I UNDERSTAND THAT. I HAVE NO PROBLEM WITH THAT THOUGH. YOU KNOW, IT'S JUST THAT BECAUSE, UM, LIKE I SAY, I DON'T HAVE MONEY TO KEEP, YOU KNOW, REPLACING EVERYTHING ON MY PROPERTY THAT EVERY TIME I'M TRYING TO, 'CAUSE I LIVE DOWN THE, DOWN ON THE OTHER END AND THE COMMUNITY, I'M TRYING TO, YOU KNOW, TO, TO, YOU KNOW, JUST TO BETTER THE COMMUNITY AND KEEP SO I CAN OPEN UP OUT THERE, YOU KNOW, FOR THE, THE PEOPLE OUT THERE AND, AND MYSELF, YOU KNOW, AND EVERYTHING TO BETTER, YOU KNOW, TO THE COMMUNITY. AND I'M STEADY GETTING RIPPED OFF. BUT I MEAN, I DON'T HAVE A PROBLEM WITH IF I GOTTA MOVE THAT ONE SIDE OFF THAT FENCE, BUT THEN I'M, I KNOW I'M GONNA CURE MORE PEOPLE COMING IN, PROBABLY COMING IN 'CAUSE THEY CAN EASILY JUST JUMP MY GATE, YOU KNOW, TO COME IN RIGHT THERE. RIGHT. SO, UH, STAFF, IS THERE ANY PUBLIC COMMENTARY? THERE'S NO PUBLIC COMMENT. ALL RIGHT, SO WE'RE GONNA OPEN THIS UP FOR QUESTIONS. SEE IF ANY COMMISSIONERS HAVE A QUESTION FOR YOU. YES. MRNA. YOU WANNA LET HIM GO FIRST? YEAH. COMMISSIONERS, YOU CAN GO FIRST, SIR. UH, UN UNDERSTAND THE PROBLEM YOU'RE HAVING ON THAT BARB WIRE FENCE. UH, HOW LONG DO YOU THINK YOU YOU'RE GOING TO BE, UH, HAVING TO HAVE IT UP FOREVER OR A YEAR OR, I KNOW THE AREA I LIVE IN, THE COMMERCE THERE. YEAH, WELL I WOULD, I MEAN, YOU KNOW, ONCE SOMEBODY GONNA BE THERE SECURING IT, YOU KNOW, LIVING THERE, BUSINESS, IT ALL, ALL THE LIKES THAT YOU CAN HAVE IT ON FOR TILL YOU'RE FINISHED IS WHO'S THERE. HE'S WONDERING, I DIDN'T UNDERSTAND WHAT HE'S WONDERING IF, IF IT'S YOUR INTENT TO HAVE BARBED WIRE ON THERE PERMANENTLY OR FOR A SHORT PERIOD OF TIME. WELL, ACTUALLY WHEN I OPEN UP AND EVERYTHING, I DON'T, I'M PRETTY SURE I WOULD REMOVE IT. IT IS JUST 'CAUSE I'M NOT, YOU KNOW, LIKE I'M STILL GOING THROUGH LIKE PERMITS AND STUFF THAT I'M GOING THROUGH. 'CAUSE I'M, I WANT TO BUILD A PAVILION SO PEOPLE CAN COME AND SIT DOWN AND EAT AND STUFF. AND AS I'M WORKING ON THE PLACE AND EVERYTHING, YOU KNOW, AS I'VE PUTTING MY MATERIAL AND STUFF IN THERE, I'M STEADY GETTING RIPPED OFF. THEY JUMPING OVER MY GATE TAKING AND STUFF, BUT I DON'T NEED IT, YOU KNOW, JUST THE SECURITY UNTIL I GET, GET MYSELF OPEN TO GET MYSELF ESTABLISHED SO I CAN START, YOU KNOW, MY BUSINESS AND EVERYTHING. BUT I CAN'T DO IT EVERY, EVERY TIME I PUT MATERIAL AND STUFF IN MY PLACE AND THEY COMING IN THERE AND THEY TAKING IT OUT OF THERE AND I'M LIKE, I'M BACK AT, YOU KNOW, STARTING ALL OVER AGAIN FROM THE BOTTOM. AND THEN I'M LIKE, MAN, THEY KEEP, SO THAT'S THE, YOU KNOW, I MEAN, LIKE I SAY, YOU KNOW, AND I KEEP CALLING THE POLICE TO COME OUT THERE AND THEY, AND THEY GIVING ME REPORTS AND STUFF, BUT OKAY. OKAY. WHAT I'M SAYING SIR, THEN IT'LL BE A TEMPORARY OFFENSE TILL YOU FINISH. YES SIR. IT IS. JUST UNTIL I GET MYSELF ESTABLISHED TO, TO OPEN UP MY PLACE, THEN I DON'T HAVE NO PROBLEM WITH, YOU KNOW, TAKING IT OFF BY THE ROAD ON THAT SIDE RIGHT THERE BY THE SIDEWALK, YOU KNOW, 'CAUSE I'LL BE THERE, YOU KNOW, AT, AT MY PLACE. THE ONLY ISSUE IS WE CAN'T, WE CAN'T DO TEMPORARY VARIANCES. SO I THINK SO YEAH, THE NEXT THEN HE'S GONNA BE HAVING TO CARRY ALL THAT MATERIAL FROM HIS HOUSE EVERY DAY TO FIX A PLACE. SO COMMISSIONER MANNA WAS NEXT? YES. SO THE QUESTIONS FOR CITY STAFF, I SEEM TO RECALL IN THE PAST WHEN WE HAD DIALOGUE WITH REGARDS TO BARB WIRE FENCE, THAT THE BARB WIRE WAS NOT PART OF THE APPROVED FENCE HEIGHT. AND BASICALLY IT WAS AN ADDITION ON TOP OF IT. AND WHEN WE APPROVED IT, IT WAS BASICALLY THEY COULD HAVE A BARBED WIRE ON TOP OF IT. AND SO, SO IF WE APPROVE A SIX FOOT FENCE, THEN THEY WOULD ALLOW FOR THE TWO FOOT BARBED WIRE. 'CAUSE THAT'S A DIFFERENT DIALOGUE. AM I INCORRECT IN THAT DIALOGUE? CORRECT. CORRECT. THE, UH, BARBED WIRE WILL ACTUALLY BE APPROVED WITH AN ADMINISTRATIVE VARIANCE. WE HAVE NOT APPROVED OR DISPROVED IT YET BASED ON THE OUTCOME OF THIS VARIANCE. SO, SO YOU KNOW, WE'RE TALKING ABOUT AN APPROVAL OF AN EIGHT FOOT FENCE, BUT REALLY WE'RE DISAPPROVAL OF A SIX FOOT FENCE WITH THE, WITH THE BARBED WIRE ON TOP OF THAT. IS THAT CORRECT? WELL, THE BARBED WIRE IS APPROVED BY STAFF, CORRECT? CORRECT. THAT'S APPROVED BY A, UH, ADMINISTRATIVE VARIANCE. GIMME ONE SECOND BECAUSE IT SAYS THAT THAT A TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT. YEAH. AND SO MY THINKING IS THAT WE DON'T NEED THE SPECIAL EXCEPTION BECAUSE SIX FOOT [01:50:01] IS IS GRANTED AND THEN YOU'LL BE OFFERING THE BARBED WIRE ON TOP OF THAT. AND SO, SO A VARIANCE WOULD BE REQUIRED. 'CAUSE ESSENTIALLY, YOU KNOW, THAT'S A CASE WE HAD RECENTLY. AND SO, SO SO LET ME ASK, LET ME ASK THIS TO COMPLIMENT THAT QUESTION. IF, WOULD YOU RATHER HAVE A SIX FOOT FENCE WITH BARBED WIRE OR AN EIGHT FOOT FENCE WITHOUT BARBED WIRE? WELL, TO BE HONEST WITH YOU, I I, I WOULD LIKE TO HAVE THE, THE, THE BARB WIRE BECAUSE LIKE I SAY, I HAVEN'T HAD, SINCE MY LAST POLICE REPORT, I HAVEN'T HAD NO PROBLEM WITH COMING IN. I'D RATHER HAVE THE, YOU KNOW, THE, THE DILEMMA THAT WE HAVE IS THAT IF WE APPROVE YOUR APPLICATION, WHAT WE'RE APPROVING IS YOU TO HAVE AN EIGHT FOOT FENCE AND THEN IF STAFF APPROVES THE BARBED WIRE, YOU CAN HAVE EIGHT FEET AND THEN TWO FEET OF BARBED WIRE ABOVE IT. AND THAT'S GETTING TO BE KIND OF EXCESSIVE. AND SO THAT'S, THAT'S WHAT WE'RE WONDERING. SO STAFF, WHEN DO Y'ALL ANTICIPATE A RULING ON THE, ON THE BARBED WIRE? HAS HE APPLIED FOR THAT YET? RIGHT. HE APPLIED FOR IT. WE'RE WE, WERE NOT GONNA MAKE A RECOMMENDATION UNTIL THE VARIANCE WAS HEARD BY THE BOARD. OOH, WE'D CON WE I THINK WE'D RATHER HEAR YOUR, YOUR ACTION FIRST. YEAH. SO YEAH, 'CAUSE MY, YOU KNOW, I THINK, YOU KNOW, I'M HAPPY WITH THE SIX FOOT, WITH THE TWO FOOT BARBED WIRE AND NOT NECESSARILY AS HAPPY WITH THE EIGHT FOOT FENCE WITH POTENTIALLY, YOU KNOW, THE RIGHT, WE, WE WERE NOT, WE WERE NOT GONNA APPROVE ANYTHING PAST THE ADDITIONAL, UH, BARBED WIRE HEIGHT OF TWO FEET. SO, SO IF WE APPROVED AN EIGHT FOOT FENCE, YOU WOULD PROBABLY NOT APPROVE THE BARBED WIRE 'CAUSE IT WOULD JUST BE TOO TALL. WE WOULD APPROVE THE SIX FOOT FENCE WITH THE BARBED WIRE ON TOP. SO THEN WE WOULDN'T, SO WE WOULD, SO REMOVING ITEM NUMBER, UM, FIVE FROM THE REQUEST, DO YOU THINK THAT WOULD BE THE MOST APPROPRIATE COURSE? GIMME ONE SECOND. LEMME JUST MAKE SURE I'M TELLING YOU THE RIGHT INFORMATION. MIN CHAKA, UH, COMMISSIONER MIN CHAKA, IS THERE AN OPTION THAT THE GENTLEMAN CAN HAVE THAT HE REPLACES THE BARBED WIRE WITH REGULAR STRAIGHT WIRE AND STILL KEEP THE EIGHT FEET A LOT'S SAFER, BUT PROVIDE SOME ADDED COMFORT SECURITY FOR HIM? REPLACE THE BARBED WIRE WITH REGULAR STRAIGHT WIRE. YEAH, THAT'S, GO AHEAD. OKAY. SO THE, THE FENCE IS NOT GONNA BE MORE THAN SIX FEET. UM, AND THEN THE BARBED WIRE CAN BE UP TO AN ADDITIONAL 18 INCHES ABOVE THAT. SO IF YOU DO WANT TO REMOVE THE, UM, LADDER NUMBER FIVE, YOU CAN. OKAY. YEAH. AND THE COMMISSIONER MINCHA WAS ASKING WHETHER OR NOT, UH, DO YOU UNDERSTAND THIS CART BEFORE THE HORSE QUESTIONING LINE OF QUESTIONING. SO THEY GIVE YOU, STAFF DOES THE PERMISSION FOR THE BARBED WIRE, WE GIVE YOU PERMISSION FOR FENCE HEIGHTS. IF WE GIVE YOU THE FENCE HEIGHT AND THEY APPROVE THE BARBED WIRE, YOU'RE TALKING ABOUT POTENTIALLY UP TO 10 FEET OF, OF FENCING. UH, BUT IF WE DO A SIX FOOT FENCE, THEY'RE, THEY'VE IMPLIED THAT THEY, THEY, THEY, THEY WOULD BE RECOMMENDING APPROVAL FOR THE BARBED WIRE. AND THEN COMMISSIONER MENCHACA WAS WONDERING WHETHER OR NOT YOU WOULD, YOU WOULD BE OPEN TO NOT HAVING BARBED WIRE, BUT JUST HAVING STRAIGHT, STRAIGHT LINE, UH, METAL FENCING INSTEAD OF, INSTEAD OF THE, THE BARBED WIRE. BUT YOU WANT, WOULD, IS IT MORE IMPORTANT FOR YOU TO ACTUALLY HAVE BARBED WIRE AS OPPOSED TO HAVING ANYTHING? WELL, WELL, TO BE HONEST WITH YOU, THE NEIGHBORHOOD I STAY IN OUT THERE IS, I MEAN, IT'S, IT'S A BAD NEIGHBORHOOD THAT I STAY IN. AND I KNOW THAT THE CRIME, THE, THE STUFF OUT THERE IS, I MEAN, YOU GOT, I DON'T CARE WHAT YOU PUT A LOCK ON OR WHAT YOU DO OR WHATEVER OUT THERE, THEY STILL WILL COME IN. BUT I, SINCE I PUT THAT UP THERE, THEY, I HAVEN'T HAD A PROBLEM WITH 'EM. OKAY. I, YOU KNOW, IT'S JUST, I MEAN, YEAH, SO THE APPLICANT'S STATING HE, HE REALLY WANTS THE BAR BAR. SO WITH THAT, UH, IF I DON'T, WHOEVER READS THE MOTION, UH, IN THE FUTURE HERE, ITEM NUMBER FIVE, UH, COULD BE REMOVED IN THE APPLICANT WOULD STILL GET WHAT HE'S LOOKING FOR. SO QUESTION FOR STAFF THEN IS, WELL, IS NUMBER SIX. SO I'M TRYING, SO WHICH, WHICH ONE DOES NUMBER SIX APPLY TO? ITEM NUMBER SIX WOULD BE CHANGE TO A ONE FOOT, UH, SPECIAL EXEMPTION TO BE A PREDOMINANTLY OPEN FENCE OF SIX FOOT TALL ALONG THE FRONT PROPERTY LINE. SOUNDS LIKE COMMISSIONER MAN IS GONNA BE READING THIS MOTION . SO IF THERE'S, IS THERE ANY CLOSING REMARKS YOU'D LIKE TO MAKE, SIR? IS THERE ANY OTHER QUESTIONS? UH, WELL, I MEAN, I, I WOULDN'T NEED THE BARB WIRE. GOT IT. IF THE, THE, THE PLACE IN THE BACK OF ME, I MEAN, I, I DON'T KNOW IF I SEEN ALL THE PICTURES OR NOT WITH ALL THE DEGREE AND EVERYTHING THAT THEY SHOWED UP THERE, WHERE PEOPLE LIKE IN AND OUT, JUST THAT PLACE OR WHATEVER, THIS AND THAT. AND I DON'T LIKE CALLING IN NOBODY, YOU KNOW, BOTHERING NOBODY. 'CAUSE I START THAT, THEN THEY'LL START BOTHERING ME EVEN MORE. YES, SIR. SO I'M LIKE, AND OKAY, LET ME STOP, TRY TO STOP 'EM, PREVENTING THEM, YOU KNOW, RIPPING ME OFF AND GETTING, TAKING MY STUFF. I UNDERSTAND. I DON'T BOTHER. SO IF I BOTHER YOU, THEN YOU GOING TO START [01:55:01] BOTHERING ME. SO, GOT ONE MORE QUESTION, COMMISSIONER? YES. OH, OKAY. UM, YES MA'AM. SIR, RIGHT NOW, SIR, WHAT DO YOU CURRENTLY HAVE ON THE PROPERTY? ALL I SEE IT LOOKS LIKE IT'S A FOOD TRUCK OR SOMETHING LIKE THAT. YES', MA'AM. THAT'S MY FOOD TRUCK. AND THEN THOSE, UH, BUILDINGS, THOSE ARE, UH, UH, UH, BATHROOMS. OH, BATHROOMS. YES, MA'AM. THOSE ARE NOT JUST BUILDING. THAT'S, UH, IT'S, I HAVE THREE, UH, BATHROOMS. THE FIRST ONE, BUILDING ONE IS GOT A, UH, HIS AND HERS BATHROOM. AND THE SECOND BUILDING IS MY PERSONAL BATHROOM ON, ON THE PROPERTY. OKAY. SO, BUT YOU WOULDN'T HAVE A PROBLEM WITH REMOVING THE, THE BARBED WIRE FROM THE FENCING ON THE NEIGHBOR TO YOUR BACK, WHICH IS YOUR NEXT DOOR NEIGHBOR, BECAUSE THAT IS CONSIDERED A, A, A RESIDENTIAL, UH, DIFFERENT, UH, ZONING. WELL, THAT'S WHY I'M HERE, I THINK FOR DIFFERENT ZONING. THAT'S WHY I'M, MAN, PART, PART OF IT. BUT MOSTLY IT'S FOR THE, FOR THE, FOR THE BARBED WIRE FOR ALL AROUND. YEAH. THE, THE APPLICANT HAS STATED THAT HE WOULD BE AMICABLE TO NOT HAVING A BARBED WIRE AGAINST THE VACANT RESIDENTIAL LOT. UH, SO WE CAN STILL REMOVE ITEM NUMBER FIVE FROM THE YEAH, WE WOULD, IT LOOKS LIKE WE WOULD REMOVE ITEM ONE, UH, OR, OR RE REMOVE ITEM FIVE AND THEN CHANGE ITEM SIX TO A ONE FOOT SPECIAL EXCEPTION. OH, WAIT, REMOVE ITEM. OKAY, WAIT, , I TRY TO KEEP UP. SO REMOVE ITEM FIVE, WHICH WAS YEAH, YEAH. YES, YES. AND THEN, AND THEN WOULD NUMBER, UM, AND I'M SORRY. UM, WOULD NUMBER ONE BE THE RE THE REMOVAL OF WITH BARBED WIRE TO WITHOUT BARBED WIRE, AND THAT WOULD TAKE CARE OF THE SIDE? YEAH, IF, IF YOU JUST, IF NUMBER ONE DOESN'T GET READ, THEN, THEN NOTHING CHANGES. BUT THEY'RE STILL ASKING FOR THE, UH, THE, THE ONLY, THE ONLY THING WITH NUMBER ONE IS SAYING THAT THE GATEWAY CORRIDOR DOESN'T ALLOW YOU TO HAVE BARBED WIRE WITHIN THE SETBACK, WHICH IS 15 FEET. SO STAFF APPROVES BARBED WIRE, SO STAFF WOULDN'T APPROVE IT BECAUSE THEY COULDN'T. SO HE, YOU KNOW, HE WOULD HAVE A, A TALLER FENCE. UM, WELL, IT ACTUALLY NOT A NUMBER ONE, HIS FOOT SETBACK. YEAH. SIDES IT 1511 AND SO IT'S 15, 14, 11, IT'S 15 FOOT SETBACK REQUIREMENTS. SO IT WOULD'VE TO BE RED WITHOUT BARBED WIRE, CORRECT. WELL, YOU COULD STILL HAVE A FENCE. YOU JUST CAN'T HAVE A FENCE WITH A BARBED WIRE IN THE SETBACK. RIGHT. THE ONLY REASON, OH, WE HAVE TO BE WITHIN THE SETBACK IS IF BARBED WIRE HAS TO BE WITHIN BUILDING SETBACKS, THAT'S WHY WE'RE, BUT THEN PERFECT. OKAY. BUT THEN WE'D HAVE TO KEEP ITEM NUMBER FIVE AND HAVE IT SOLELY FOR THE EAST SIDE LOT, SO THAT WAY HE COULD HAVE AN EIGHT FOOT FENCE AND THERE'D BE A CONTINUITY OF HEIGHT AROUND, YOU KNOW, YOU UNDERSTAND WHAT I'M SAYING? COMMISSIONER, MAN. SO LIKE WE, WE, HE DOESN'T NEED, HE'LL HAVE A TOTAL OF APPROXIMATELY EIGHT FEET WITH BARBED WIRE WITH A SIX FOOT FENCE, BUT IF HE DOESN'T HAVE BARBED WIRE ON THE RESIDENTIAL SIDE, OR WOULD YOU BE OPEN, UH, WOULD YOU SUGGEST HAVING AN EIGHT FOOT TALL FIN SO HE COULD AT LEAST HAVE SOMETHING OF THE SAME HEIGHT? YES. OKAY. SO NOW THAT YOU FULLY UNDERSTAND, YOU'RE REALLY READING THIS MOTION, IT LOOKS LIKE. SO, UH, IF THERE'S NOTHING ELSE, UH, COMMISSIONER MANER, WOULD YOU LIKE TO TAKE A STAB AT THIS COURSE? HE COULD, COURSE, I MEAN, I'LL, I'LL READ IT. I DON'T CARE. YEAH, BUT THAT JUST BASICALLY INCLUDED NUMBER ONE BACK INTO THE MOTION. NO, NO. NUMBER ONE IS SOLELY THE PROVISION OF BARBED WIRE ON THE, ON THE SIDE, BUT WITHOUT BARBED WIRE THOUGH. SO BASICALLY ALLOW, SO THERE'S NO BARBED WIRE, THERE'S NO NEED FOR ONE, BUT WE'RE ALLOWING FOR RIGHT FOOT FOOTWEAR, LONG BREAK FOOT YES. WITHOUT BARB WIRE. YES. SO THE LONG BREAK, EIGHT FOOT. SO NUMBER ONE WITHOUT BARBED WIRE, WELL, NO. 'CAUSE NUMBER, IF THERE'S NO BARBED WIRE, THEN NUMBER ONE DOESN'T MATTER. IT'S ONLY YOU TWO FOOT EXCEPTION. YEAH. NUMBER FIVE WOULD STAY. SO YOU'D READ NUMBER FIVE WITH A TWO FOOT EXCEPTION SOLELY ON THE EAST SIDE. JUST TO CLARIFY, WERE YOU GUYS NOT GONNA READ ITEM NUMBER ONE OR ARE YOU GONNA LEAVE IT THERE? SO ITEM NUMBER ONE, UH, SO FOR THE FIR THIS MOTION'S DIVIDED INTO TWO HALVES. OKAY. UM, AND SO WE'RE NOT GOING TO READ ITEM ONE IN THE PLAN, UH, OR PER THE SUBMITTED MOTIONS. UM, AND WE'RE GOING TO MODIFY NUMBER TWO. UM, NO, YOU WOULD MODIFY ON THIS SPECIAL EXCEPTION MOTION SKELETON, YOU WOULD TAKE ITEM ONE ON THE MOTION AND HAVE IT APPLICABLE SOLELY TO THE ESOP. OKAY. THAT'S WHAT I WAS ASKING A SECOND AGO. OKAY. YES, THAT'S WHAT I WAS GONNA DO. YEP. OKAY. I'M GONNA TAKE AN ATTEMPT HERE AND PLEASE LISTEN AND MAKE ANY, UH, SUGGESTIONS AS NECESSARY HERE AS WE GO THROUGH THIS. UM, REGARDING CASE NUMBER BO A 2 2 1 0 3 0 0 2 2 5, I MOVED AT THE BOARD OF ADJUSTMENT GRANT THROUGH REQUEST FOR ONE, A TWO FOOT SPECIAL EXCEPTION FOR THE MAXIMUM SIX FOOT FENCE HEIGHT TO ALLOW A PREDOMINANTLY OPEN FENCE TO BE SIX FOOT TALL ALONG [02:00:01] THE EAST SIDE PROPERTY LINE EIGHT FOOT TALL. I SAID EIGHT FOOT TALL. AND THEN, UM, I'LL KEEP GOING. AND THEN YOU CAN COME BACK TO A ONE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT FENCE FENCE HEIGHT TO ALLOW A PREDOMINANTLY OPEN FENCE TO BE SIX FOOT TALL ALONG THE FRONT PROPERTY LINE, SITUATED AT 2 5 8 ARDMORE STREET. APPLICANT BEING, UH, DARRYL SHELTON. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMEN WOULD RESULT IN A LITERAL, AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE PROPOSED EIGHT FOOT FENCE ALONG, UH, FENCE WILL BE LOCATED ALONG THE SIDE, PROPERTY LINE, AND, UH, SIX FOOT WITH A BARBED WIRE ALONG THE FRONT AND REAR PROPERTY LINES. IF GRANTED, STAFF FINDS THE REQUEST WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE, AS THE FENCE WILL BE MADE OF PREDOMINANTLY OPEN MATERIALS. B, THE PUBLIC WELFARE OF THE CONVENIENCE, UH, PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED. INSTALLING A NEW EIGHT-FOOT FENCE DOES NOT POSE ANY ADVERSE EFFECTS TO THE PUBLIC WELFARE. THE FENCE MAY BE DIS MAY DISCOURAGE ANY ADDITIONAL, UH, COMMERCIAL ENCROACHMENT INTO THE RESIDENTIAL NEIGHBORHOOD BY PROVIDING A SEPARATION BETWEEN THE COMMERCIAL PROPERTIES AT THE CORNERS AND THE RESIDENTIAL NEIGHBORS, UH, TO THE EAST. THE NEIGHBORING PROPERTY WILL NOT SUBSTANTIALLY INJURE, UH, WILL BE INJURED BY SUCH A PROPOSED USE. THE ADJACENT PROPERTY IS CURRENTLY VACANT AND CAN MAINTAIN A, UH, EIGHT FOOT PREDOMINANTLY OPEN FENCE BY RIGHT OR SIX FOOT, PREDOMINANTLY BY RIGHT. AND WE'RE ALLOWING FOR THIS TWO, TWO FOOT EXTENSION. UM, D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY WILL BE, UH, FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE MATERIAL BEING MAINTAINED IS PREDOMINANTLY OPEN AND OTHER PREDOMINANTLY OPEN FENCES WERE OBSERVED ON ARDMORE STREET INJURY TO THE CHARACTER OF THE DISTRICT IS HIGHLY UNLIKELY. UM, E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS WHEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. THE CURRENT ZONING ALLOWS LIGHT COMMERCIAL USES THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THIS DISTRICT. END OF MOTION WILL SECOND THAT. UM, SO WE HAVE A MOTION RED, UH, SPECIAL EXCEPTION FOR A, A, A TWO FOOT SPECIAL EXCEPTION TO THE MAX SIX FOOT HEIGHT ON THE EAST SIDE, AND A ONE FOOT SPECIAL EXCEPTION FROM THE MAX FIVE, UH, FIVE FOOT HEIGHT TO ALLOW A SIX FOOT ON THE FRONT. UH, IS THERE ANY COMMENTARY ON COMMISSIONER MANNA? NO. OKAY. I HAVE NO ISSUE WITH IT AS READ, UH, ANY OTHER COMMISSIONERS? ALL RIGHT, LET'S HAVE A ROLL CALL. VOTE PLEASE. MR. MANNA, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN. YES, I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR WITH THE FINDINGS OF FACT, MR. MENCHACA. I CONCUR, MS. LYNN. I CONCUR. MS. CRUZ. I CONCUR. MR. ZUNIGA, I CONCUR WITH THE FINDINGS BACK. MS. KAPLAN, MS. KAPLAN, I C I CONCUR WITH THE FINDINGS OF FACT, MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA. I CONCUR. ALL MOTION CARRIES 10 TO ZERO. AND NOW WE HAVE A MOTION FOR THE VARIANCE. COMMISSIONER MANAM REGARDING CASE NUMBER BO 8 2 2 1 0 3 0 0 2 2 5. I MOVED THAT THE BOARD ADJUSTMENT GRANTOR REQUEST FOR, UM, A 23 FOOT 11 INCH VARIANCE FROM THE MINIMUM 30 FOOT REAR SETBACK WITH SIX FOOT CREDIT FROM ALLIE TO ALLOW OFFENSE WITH BARBED WIRE TO BE ONE INCH FROM THE REAR PROPERTY. LINE. THREE, A NINE FOOT VARIANCE FROM THE MINIMUM 25 FOOT CLEAR VARIANCE, CLEAR VISION REQUIREMENT TO ALLOW A FENCE TO BE 16 FEET FROM THE SIDE CURB. AND FOUR, A 12 FOOT VARIANCE FOR THE 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A FENCE TO BE THREE FOOT FROM DRIVEWAYS SITUATED AT 2 5 8 ARDMORE STREET. APPLICANT BEING DARRYL SHELTON. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOWED THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST BECAUSE THE REQUEST IS FOR REDUCTION ON THE SETBACKS AND CLEAR VISION REQUIREMENT FOR BARBED WIRE FENCE. WHILE THE FENCE WILL CONTAIN BARBED WIRE, THE FENCE ITSELF HAS MADE A CHAIN LINK, WHICH IS A PERMITTED MATERIAL AND IS PREDOMINANTLY OPEN TWO, DUE TO SPECIAL UH, CONDITIONS. THEY'RE LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP BECAUSE THE LOT IS TOO SMALL TO MEET ALL THE FENCING REQUIREMENTS FOR A CORNER LOT AND A BARBED WIRE FENCE. THREE, BY GRANTING THE VARIANCE, THE SPARE OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS THE FENCE WILL ENHANCE SECURITY ON THE SUBJECT PROPERTY. ADDITIONALLY, THE PROPERTY IS LOCATED ON A CORNER LOT WITH SOUTH ACME AND MAINTAINS AN ALLEY TO THE REAR. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION [02:05:01] 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 CENTRAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED. THE REQUESTED VARIANCE DOES NOT POSE ANY A HAZARD TO NEIGHBORING PROPERTIES. THE SUBJECT PROPERTY, UH, IS A CORNER LOT LOCATED ON ARDMORE AND SOUTH ACME ROAD, WHICH OBSERVES A HIGH VOLUME OF VEHICULAR TRAFFIC. SIX, APPLIED TO THE OWNER OF THE PROPERTY FOR WHICH THIS VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS REQUESTED VARIANCE OF SOUGHT BECAUSE THE SIZE OF THE LOT AND THE C ONE REQUIREMENT DUE TO THE SIZE OF THE LOT, IT WOULD BE DIFFICULT TO ACHIEVE 15 FOOT SIDE SETBACKS, 30 FOOT REAR SETBACKS, ALL WHILE MEETING THE CLEAR VISION REQUIREMENT FOR THE FENCE AND THE MOTION. I'LL SECOND. YES, I'M SORRY. SO REAL QUICK, UM, THE FENCE WAS CHANGED ON THE EAST SIDE, HOWEVER, THEY STILL NEED ITEM NUMBER ONE ON THE WEST SIDE. SO, UM, I WOULD LIKE TO AMEND THE MOTION TO INCLUDE, UH, A FOUR, UH, 14 FOOT, 11 INCH VARIANCE FROM THE MINIMUM 15 FOOT SIDE SETBACK ON THE WEST SIDE, UH, FROM THE HIGHWAY 1 51. OKAY. I, I ACCEPT. AND SO WE HAVE A MOTION, UH, FOR, FOR, UM, FOR THE ITEMS AS SUBMITTED WHERE ITEM NUMBER ONE IS ONLY APPLICABLE ON THE WEST SIDE AND THE, AND, UH, ITEM NUMBER AND THE AS READ ITEM NUMBER. WHERE WAS THAT GUY? NINE. THAT WAS IT. THAT WAS IT. ALL RIGHT. SO IS, UH, ANY OTHER COMM COMMISSIONER COMMENTS, DISCUSSION? OH, AND, AND AS A NOTE, THE NUMBER ONE DID INCLUDE, UH, BARBED WIRE. SO, AND THAT'S WHY WE HAD TO ADD IT, SO, YES. RIGHT. SO, UM, LET'S HAVE ROLL CALL VOTE. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. MENCHACA. I CONCUR. MS. LYNN. I CONCUR. MS. CRUZ. I CONCUR. MR. ZUNIGA, I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACTS, MR. OZUNA. I CONCUR. UH, MOTION CARRIES 10 TO ZERO. SO WHAT JUST HAPPENED WAS, UH, WE APPROVED, UH, A MAJORITY OF THE ITEMS AS REQUESTED, UH, SO THAT YOU CAN, YOU CAN DO WHAT YOU'RE ASKING FOR, EXCEPT FOR THE EAST SIDE, WHICH IS NEXT TO THAT VACANT LOT, WHERE YOU CAN HAVE AN EIGHT FOOT FENCE, BUT NO BARBED WIRE. THAT'S, THAT'S THE BACKSIDE, UH, THAT'S THE, THE SIDE NEXT TO THE, THE VACANT, THE EMPTY LOT TO THE SIDE. WE CAN SHOW HIM. YEAH, WHY DON'T YOU BRING THAT UP ON THE, SO TO THE RIGHT. THAT ONE? YEAH, GO AHEAD, JOSEPH. CAN YOU PUT THE POINTER? YEAH, SO ON THAT SIDE RIGHT THERE, YOU CAN'T HAVE BARBED WIRE, BUT YOU CAN HAVE AN EIGHT FOOT FENCE. OKAY? BUT YOU CAN HAVE A BARBED WIRE ON THE REST AROUND THE, THE RIGHT. OKAY. OKAY. AND I'M, I KNOW THERE'S A LOT OF LITTLE THINGS GOING AROUND HERE. NO, THERE'S A LOT OF THINGS GOING ON AROUND NOW. IF YOU HAVE ANY QUESTIONS, STAFF CAN, UH, HELP YOU OUT. ALRIGHT. THANK Y'ALL, LADIES AND GENTLEMEN. THANK YOU. ALL RIGHT. SO I'M GONNA CALL FOR A SHORT BREAK. WE'LL RECONVENE AT THREE 15. ALL IT'S THREE 18 ON CALL. THE MEETING BACK TO ORDER. UH, WE WILL MOVE ON WITH ITEM NUMBER NINE. YES, I CAN. I GOT IT. YEAH. UM, ITEM NUMBER NINE, BO 8 2 2 1 0 3 0 2 4 7. LOCATED AT TEN NINE ZERO THREE LAZY OAKS DRIVE IN COUNCIL DISTRICT NUMBER THREE, APPLICANT BEING JOSE VEGA. UH, REQUEST FOR A 1 8 2 FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE STEP SETBACK REQUIREMENT TO ALLOW CARPORT TO BE THREE FEET WITH SIX INCHES OF OVERHANG FROM THE SIDE PROPERTY LINE. AND TWO, A TWO FOOT TWO INCH VARIANCE FROM THE MINIMUM, UH, 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW CARPORT TO BE 10 FOOT 10 INCHES FROM THE FRONT SETBACK OF THE PROPERTY LINE. AND A CURRENT ZONE IS R SIX RESIDENTIAL SINGLE FAMILY. UM, THE SUBJECT PROPERTY IS CURRENTLY LOCATED ON LAOS DRIVE. CODE ENFORCEMENT IS ISSUED THE BUILDING WITHOUT A PERMIT ON, ON THE CARPORT. UM, UPON STAFF SITE VISITS, STAFF OBSERVED OTHER SIMILAR CARPORTS IN THE AREA WITH SIMILAR ENCROACHING SETBACKS. HOWEVER, NO APPROVED VARIANCES WERE FOUND FOR THOSE, UM, THE APPROVAL OF THE VARIANCE WILL ALLOW CO COMPLIANCE TO CLOSE OUT THE ZONING CASE ASSOCIATED WITH THIS PROPERTY. THE VARIANCE WILL ALSO ALLOW ANY BUILDING PERMITS TO BE ISSUED. UM, SO THAT IS CURRENTLY A SITE PLAN, UM, THAT WAS PROVIDED. UM, THE HIGHLIGHTED AREA IS WHERE MOSTLY THE CARPORT IS GOING TO BE. UM, THAT'S KIND OF A WIDE [02:10:01] ANGLE VIEW OF THE, THE CARPORT THAT WAS STOPPED DURING CONSTRUCTION. UH, LET'S SEE. AND THE NEXT ONE WOULD BE THE FRONT SET BACK ENCROACHING ANOTHER SIDE AREA FROM THIS CARPORT. AND THERE'S SOME OF THE SURROUNDING AREAS THAT HAVE THE CARPORTS AS WELL. SOME OF THE IMMEDIATE NEIGHBORS HAVE SOME THAT ARE VERY SIMILAR IN ENCROACHMENT. THERE'S ANOTHER ONE RIGHT THERE NEXT DOOR AND ACROSS THE STREET. OOPS. UH, STAFF RECOMMENDS APPROVAL IN BO O 8 2 2 1 0 3 0 0 2 4 7 BASED ON THE FOLLOWING FINDINGS OF FACT, FOR THE SIDE SETBACK VARIANCE ON THE REQUEST, WE'LL LEAVE ENOUGH ROOM BETWEEN THE ABUD ADJACENT PROPERTY AND THE VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. AND FOR THE FRONT SETBACK VARIANCE, THAT RECOMMENDS NOW BO O A 22 1 0 302 4 7. BASED ON THE FOLLOWING FINDINGS OF FACTS ON THE EXEC, THE ESSENTIAL CHARACTER OF, OF THE CHARACTER OF THE NEIGHBORHOOD WILL BE ALTERED WITH THE REDUCED FRONT SETBACK. AND THE LOT DOES NOT CONTAIN UNIQUE CIRCUMSTANCES TO PREVENT THE REQUIRED FRONT SETBACK. UH, 32 NOTICES WERE SENT OUT. UM, THERE WERE ZERO IN FAVOR AND ZERO IN OPPOSITION, AND THERE WAS NO RESPONSE FROM THE OAK GROVES HOMEOWNERS, OAK GROVES ESTATES HOMEOWNERS ASSOCIATION. UM, THAT CONCLUDES THAT PRESENTATION. AND THE APPLICANT IS PRESENT, WHICH WILL, WE WILL NEED A TRANSLATOR, PLEASE. ALL RIGHT, THANK YOU. LET'S HAVE THE APPLICANT COME FORWARD. OH, OKAY. OKAY. OKAY. CAN HEAR. MY ADDRESS IS 1 0 9 OAKS DRIVE, SAN ANTONIO. SAN ANTONIO, TEXAS. I'M SORRY ABOUT THE, UH, DELINQUENCY THAT I DID AGAINST THE CITY STAFF. DO WE NEED TO HAVE THE APPLICANT BE RECORDED? DID YOU SAY YOU WANT THE APPLICANT TO BE RECORDED? NO. IS IT, IS IT REQUIRED FOR THE APPLICANT, UH, TO, TO HAVE HIS VOICE RECORDED AND THEN THE TRANSLATOR OR CAN WE JUST HEAR JUST THE TRANSLATOR, RIGHT? YEAH, IF YOU COULD SWITCH, MA'AM SO THAT HE CAN SPEAK INTO THE MICROPHONE AND THEN YOU CAN TRANSLATE FOR HIM. PLEASE. SORRY, I COULDN'T HEAR YOU. WE NEED TO HAVE THE APPLICANT'S, UH, VOICE, UH, RECORDED BY SPEAKING INTO THE MIC. OH, SO HE NEEDS TO SPEAK AND THEN YOU MOVE IT OVER, RIGHT? MR. CHAIRMAN? YES. THIS IS S LAZY OAKS DRIVE. OKAY. 1 0 9 0 3. YES. UH, INTERPRETERS, UH, IT'S, UH, 1 0 9 0 3 LAZY OAK DRIVE. LAZY OAKS DRIVE. RIGHT, RIGHT. YEAH, IT'S, IT'S GOT IT WRONG THAT YEAH, HE, HE JUST NEED, WE NEED TO RECORD HIS VOICE SO THAT, AND THEN YOURS. SO, AND THEN MY VOICE. RIGHT. SO HE NEEDS TO SPEAK INTO THE MIC AND THEN, AND THEN AS I MADE THIS CARPORT TO PROTECT MY VEHICLES AS A NEED. OKAY. TION BECAUSE OF HAIL AND DAMAGE TO THE MATERIALS THAT I USE, UH, THAT I CARRY ON MY TRUCK BECAUSE I NEED THESE MATERIALS TO CARRY THEM ON THE TRUCK. [02:15:01] UM, I DID THIS CARPORT WITHOUT PERMISSION. I DIDN'T KNOW THAT I NEEDED TO GET ONE, AND I JUST FOLLOWED, UM, AS A, AS THE, AS I SAW IT IN THE OTHER CARPORTS THAT ARE IN, IN MY NEIGHBORS, WHICH ARE WORSE, UH, IN TERMS OF THE, UH, REGULATIONS AND GUIDELINES FOR THE CARDBOARDS THAN MINE. OKAY. I ASKED TO SEE WHERE I NEEDED TO GET THE PERMIT FOR THIS CONSTRUCTION, BUT THEY SAID THAT I DIDN'T NEED ANY PERMIT FOR THAT. I BOUGHT THE HOUSE SIX YEARS AGO, SO I DIDN'T KNOW ABOUT THAT. OKAY. SO I STARTED BUILDING THIS CARDBOARD, AND IN THE MIDDLE OF IT, I FOUND OUT THAT I NEEDED THE PERMISSION, SO I STOPPED THE CONSTRUCTION AND I CAME TO REQUEST THE PERMIT. OKAY. UM, ALL RIGHT. THANK YOU. UH, STAFF. IS THERE ANY PUBLIC COMMENTARY? THERE'S NO PUBLIC COMMENT. OKAY. SO WE'RE GONNA, UH, OPEN THIS UP TO QUESTIONS. AND, UM, I JUST WANTED TO, I WANTED TO ASK, WAS THERE A CARPORT THERE BEFORE YOU BUILT YOURS? NO. THERE'S A, THERE'S A CARPORT THERE, BUT IT'S REALLY OLD IN BAD CONDITION AND NOT BIG ENOUGH. IT'S REALLY SMALL. MY CHILDREN HAVE GROWN UP AND THEY HAVE CARS, EACH OF THEM. SO WE HAVE THREE CARS. SO WE, I BUILT THIS CARPORT FOR FOUR CARS. OKAY. UM, ARE THERE ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? YES. COMMISSIONER MANCHACA, UH, THE CARPORT THAT HE'S AT IN, HE'S EXTENDING FROM THE FRONT OF THE HOUSE OUT TO THE STREET, CORRECT. AND IS THE OTHER ONE JUST STAYS THE WAY IT IS? IT IS SEVEN FEET AND 10 INCHES FROM THE STREET ON THE, ON THE SIDEWALK. WELL, HE, THE, THE, THE QUESTION WAS IS, IS THE EXISTING CARPORT GOING TO STAY OR IS IT GOING TO BE REMOVED AND FULLY REPLACED BY THE NEW ONE? NO, IT'S GOING TO, IT'S GOING TO BE REMOVED AND IT'S GOING TO BE REPLACED BY THE NEW ONE ONLY. ALL RIGHT. COMMISSIONER MINKA, YOU STILL HAVE THE, THE, THE FLOOR? UH, YEAH, BUT I WAS ASKING IF THE NEW ONE IS COME FROM LIKE THE FRONT OF THE HOUSE, DOES IT GO FROM THERE TO THE STREET? EVA DOESN'T GO BACKWARDS. YES, IT DOES. ANY OTHER COMMISSION? SO THE, THE, THE, THE OTHER CARPORT, THE OLD ONE IS LOWER THAN THE NEW ONE. IF YOU CAN SEE IN THE PICTURE THAT THE NEW THE OLD CARPORT? YES. UNDER THE NEW ONE. BUT HE'S, HE'S REMOVING THE OLD ONE. YES. YES. AND THAT WAS QUESTION NUMBER ONE. NUMBER TWO, HOW COME HE MADE IT HIGHER? THE PITCH? HOW COME IT'S HIGHER [02:20:04] FOR ANY EMERGENCY IN CASE OF AN EMERGENCY? THIS WAY THERE'S ROOM ENOUGH FOR FIRE FIREWORK OR THINGS LIKE THAT THAT COME IN IN PLACE. WHAT I'M ASKING IS HOW COME THE YES , THAT'S WHAT I'M ASKING, BECAUSE IT IS THE, THE SAME LEVEL AS THE HOUSE. SO IT'S GOING TO BE LIKE A, IT'S GOING TO BE SUPPORTED BY THE HOUSE. IT'S GOING TO BE SECURED BY THE, THE CONSTRUCTION OF THE HOUSE. LOOKS LIKE HE'S MATCHING THE TOP RIDGE ON THE, ON THE BACK PART. YEAH. I COULDN'T SEE 'CAUSE STAFF DIDN'T PROVIDE A FRONT VIEW AND I CAN'T TELL FROM THE OLD GOOGLE. SO I SAID, I'M ASSUMING IT'S TO THE LEFT OF THE HOUSE, BUT IT APPEARS IT'S MORE TOWARD THE FRONT. THAT'S WHAT I WAS CONFUSED. YEAH. SO, SO THE HOUSE IS ON THE OTHER SIDE. IF YOU SEE THIS IS THE FRONT OF THE, OF THE VIEW, BUT THE HOUSE IS ON THE OTHER SIDE. YEAH. RIGHT. ANY OTHER COMMISSIONER QUESTIONS? COMMISSIONER ZUNA? CAN YOU ASK HIM IF THERE'S AN INTENT TO PUT RAIN GUTTERS ON THE SIDE? RAIN GUTTERS? YES. ON BOTH SIDES. AND THEY'LL DRAIN TO THE DRIVEWAY TO THE FRONT OF THE HOUSE. SO IT'S GOING TO BE ON THE SIDE, IT'S GOING TO BE WITHIN MY PROPERTY. OKAY. WOULD THE, WOULD HE LIKE TO AMEND HIS APPLICATION TO INCLUDE GUTTERS? YES. SO I'M GOING TO, UH, TO ADD THESE GUTTERS SO THAT IT FALLS INTO A, A PIPE, NOT JUST LIKE THAT. ALRIGHT, THANK YOU. UH, ANY OTHER COMMISSIONER QUESTIONS? YES, COMMISSIONER, UM, UM, ONE FOR STAFF? YEAH, I GOT A COUPLE OF QUESTIONS. OKAY. UH, HE HASN'T, UH, GOTTEN THROUGH BUILDING IT? NO, HE STOPPED. HE, HE WAS, UH, GIVEN NOTICE THAT HE NEEDED A PERMIT. AND WHEN HE CAME TO TRY TO GET THE PERMIT, HE FOUND OUT HE NEEDED A, NOW DOES HE HAVE A PERMIT NOW OR NO, HE HAS TO WAIT TO SEE WHAT THE OUTCOME OF THE VARIANCE IS. WHAT KIND OF WORK IS HE EMPLOYED IN? SO WE BUILT, WE BUILT UP THE HOUSES FROM THE, I WOULD SAY THE, THE FOUNDATION UP UPWARDS. HE IS FRAMING. OH, HE, YOU DIDN'T KNOW, UH, HE DIDN'T KNOW THAT HE NEEDED A PERMIT? NO, BECAUSE I'VE, UH, I ASKED THE NEIGHBORS, I BOUGHT THE HOUSE SIX MONTHS, SIX YEARS AGO AND I DIDN'T KNOW THAT I NEEDED A PERMIT. OH. I ASKED THE NEIGHBORS AND THEY SAID THAT WE DID NEED ONE TO BUILD A CARPORT. YEAH, YOU GOTTA ASK THE CITY FIRST ON IT. AND LET ME, UH, ASK THIS QUESTION AGAIN. UH, THAT I WAS ALREADY ASKED. IS THE COURT PART ATTACHED TO THE HOUSE OR IS YES, IT'S GOING TO BE ATTACHED TO THE HOUSE. OKAY. I DON'T THINK THERE'S NO EXCUSE FOR NOT ADDING IN A PERMIT. THANK YOU. NO. ANY OTHER QUESTIONS? SO, UM, CAN YOU BRING UP THE OVERHEAD AND THE, THE [02:25:01] GOOGLE'S VIEW OF, UM, THE LOCATION HERE? AND WHAT I'M WANT TO VERIFY IS THE, UM, THE SIZE OF THE CARPORT RELATIVE TO, UM, THE ORIGINAL CARPORT THAT'S THERE. IS IT THAT HE'S MIMICKING THE CURRENT SIZE OF THE CARPORT WITH THE, WITH THE, WITH THE NEW ONE THAT HE'S REPLA OR THE ONE HE'S REPLACING WITH THE NEW ONE? AND THEN I'M ASSUMING THAT HE ADDED CONCRETE THERE. UM, YOU KNOW, 'CAUSE IT LOOKS LIKE THE, IT'S, IT'S CUT OUT IN THE OVERHEAD VIEW. UM, AND SO I ASSUME THERE'S CONCRETE ADDED TO WIDEN THE DRIVEWAY AS WELL. SO, SO THERE WE GO. UH, SO I ADDED SOME, I ADDED SOME CEMENT FROM, BECAUSE IT WAS ALREADY CRACKED ON UNTIL YOU CAN SEE THE PLANT THERE. AND THEN AS FAR AS THE SIZE OF THE CARPORT, THE NEW ONE, IS IT THE SAME WIDTH AS WHAT IS CURRENTLY THERE AND HE JUST EXTENDED IT FORWARD AND LAN LA LA LA IS, YES. THANK YOU. UH, ANY OTHER COMMISSIONER QUESTIONS? ALL RIGHT, HEARING NONE, UM, I'M LOOKING FOR A MOTION. MANA. COMMISSIONER MANA. SO REGARDING CASE NUMBER BO A, UH, 2 2 1 0 3 0 2 4 7, I MOVED AT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR 1 8 2 FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE THREE FOOT, UH, WITH SIX INCH SIX INCHES OF OVERHANG FROM THE SIDE PROPERTY INCLUDING GUTTERS. UM, AND TWO, A TWO FOOT TWO INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE SEVEN FEET 10 INCHES FROM THE FRONT PROPERTY LINE, UM, SITUATED AT 1 0 9 0 3 LAZY OAK DRIVE APPLICANT BEING JOSE ESCOVAL VEGA, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE ARE DETERMINED SHOW THAT THE PHYSICAL CHARACT TO THIS PROPERTY SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE STRUCTURE APPEARS TO PROVIDE ADEQUATE SPACE ALONG THE SIDE PROPERTY LINE AND THE FRONT PROPERTY LINE. THERE IS MINIMUM CHANCE OF WATER RUNOFF TO THE ADJACENT PROPERTY AND THE RIGHT OF WAY IN FRONT OF THE CARPORT. THEREFORE, THE CARPORT IS NOT CONTRARY TO THE PUBLIC INTEREST, ESPECIALLY IF WE ADD THE CUTTERS. UH, TWO, DUE TO THE SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF FINDS AN UNNECESSARY HARDSHIP DUE TO THE LIMITED SIZE OF THE FRONT YARD AND POSSIBLY HAVING TO DEMOLISH THE CARPORT TO CONFORM TO THE SETBACKS. THREE, BY GRANTING THE VARIANCE, THE SPEAR OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED VARIANCE IS TO ALLOW A STRUCTURE TO BE CLOSER TO SIDE PROPERTY, LINE IN FRONT PROPERTY LINE DUE TO THE CONFIGURATION OF THE PROPERTY. THIS WILL OBSERVE THE SPEAR OF THE ORDINANCE. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATIONAL USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO OTHER USES THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH IS PROPERTY IS LOCATED. STAFF DOES NOT FIND EVIDENCE THAT THE REQUESTED VARIANCE WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. ADDITIONAL PROPERTIES IN THIS AREA HAVE AC HAVE ACCESSORY STRUCTURES WITHIN THE SIDE SETBACK AND FRONT DUE TO THE SIZE OF THE LOTS. THEREFORE, THE REQUEST WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE, UH, OR THE RESULT OF GENERAL CONDITIONS AND 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 IN THE MOTION. SECOND, SECOND BY COMMISSIONER CRUZ, COMMISSIONER MANNA. SO, UM, I WILL BE VOTING IN FAVOR OF THIS. UM, AND SO WE DID NOT GET ANY INPUT FROM THE NEIGHBORHOOD ASSOCIATION UNFORTUNATELY, BUT IT DOES LOOK LIKE THERE ARE MANY PROPERTIES, UM, ALONG THIS STREET AS WELL AS MANY IN THE STREETS AS I GOOGLE DRIVE AROUND, UH, THAT SHOW A SIMILAR SPACING, [02:30:01] UM, FOR THIS LOT. AND, UM, ALSO I THINK THAT, UM, BECAUSE IT IS BEING, UH, I GUESS DESIGNED TO, UM, TO, UM, UM, COMPLEMENT THE EXISTING STRUCTURE OF THE HOUSE ITSELF, UM, I THINK IT LOOKS LIKE A VERY NICE ADDITION. SO I'LL BE VOTING IN FAVOR. COMMISSIONER CRUZ. UM, I CONCUR WITH MR. MANNA ALSO TOO, THAT SINCE HE HAS AGREED TO, UM, PUT IN GUTTERS, I THINK THAT WILL HELP A LOT ALSO. AND IT LOOKS LIKE YOU'LL BE A GOOD CARPORT. THANK YOU. THANK YOU. ANYONE ELSE LIKE TO ADD MIC MIN CHAKA? UH, I AGREE WITH MY COLLEAGUES, UH, TAKE HIS EFFORT INITIALLY WITHOUT KNOWING AND TRYING TO CONTACT THE NEIGHBORS. DO GIVEN IT, UH, DUE DILIGENCE FOR THE CODE. I WILL BE IN AGREEMENT WITH THIS. OKAY, THANK YOU. ANYONE ELSE? HEARING NOW LET'S HAVE A ROLL CALL. VOTE PLEASE. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. MR. SPEARMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MANCHACA. I CONCUR. MS. LYNN. I CONCUR. MR. ZUNIGA. I DO NOT CONCUR. MS. KAPLAN. I CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. UNA, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. UH, MOTION PASSES NINE TO ONE. UH, CONGRATULATIONS. UH, IF YOU HAVE ANY QUESTIONS, PLEASE GET WITH STAFF. I JUST WANT TO THANK YOU ALL FOR LISTENING TO ME AND, UH, DOING THIS FOR ME. THANK YOU SO MUCH. THANK YOU. ALL RIGHT, ITEM NUMBER 10. UM, ITEM NUMBER 10, BO O 8 22. 1 0 3 0 0 2 4 9. LOCATED AT 1 4 4 6 VANDERBILT STREET. UM, COUNSEL SIX. NUMBER THREE, APPLICANT BEING MARINA. UH, RODRIGUEZ, UH, REQUEST FOR A TWO FOOT FOUR INCH VARIANCE IN THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW STRUCTURE TO BE TWO FEET EIGHT INCHES FROM THE SIDE PROPERTY LINE. UM, CURRENT ZONING IS R SIX RESIDENTIAL SINGLE FAMILY. UM, THE SUBJECT PROPERTY IS CURRENTLY LOCATED ON VANDERBILT STREET AND CARD AVENUE AND CURRENTLY HAS A SINGLE FAMILY DWELLING ON THE PROPERTY. CODE ENFORCEMENT IS A ZONING VIOLATION FOR THE SIDE SETBACK OF THE, OF THE STRUCTURE. UM, THE ADDITION IS FOR STAIRS THAT WERE ADDED ON THE SIDE OF THE HOME. UM, THERE'S AN ALLEY LOCATED IN BEHIND THE REAR YARD OF THE PROPERTY, AND THE APPROVAL OF THE VARIANCE WILL ALLOW A CODE COMPLIANCE TO CLOSE OUT THIS ZONING CASE ASSOCIATED WITH THE PROPERTY. UM, THE VARIANCE WILL ALSO ALLOW FOR ANY BUILDING PERMITS TO BE ISSUED. UM, SO THAT'S CURRENTLY A PICTURE OF THE SITE PLAN FROM AREA VIEW. UM, CLARK IS ON THE RIGHT SIDE, AND THE VANDERBILT WOULD BE TOWARDS THE, THE, THE FRONT OR THE, THE TOP SIDE OF THAT. UM, AND THE HIGHLIGHTED AREA IS WHERE THE STAIRS WERE BUILT AND ARE ENCROACHING INTO THE SETBACK, UM, THAT ALLOW IT TO GO ACCESS TO THE SECOND STORY HOME OF THE DECK THAT WAS BUILT ON THERE. SO THAT IS CURRENTLY SUBJECT PROPERTY. UM, THE NEXT PICTURE SHOULD BE A CLOSER VIEW OF KIND OF WHERE THE STAIRS THAT ENCROACH INTO THE FIVE FOOT, UM, SIDE SETBACK. AND THEN RIGHT THERE, THAT IS THE SIDE OF THE S PARTY GOING TOWARDS THE OTHER SIDE OF THE, THE PROPERTY. AND THEN THAT'S THE VIEW FROM THE STREET, UM, WHERE THAT DECK IS BUILT, WHERE THOSE STAIRS ARE ALSO, UM, VISIBLE TOWARDS THE BOTTOM THAT NEED TO BE BUILT TO BE BUILT TO GO UP TO THE SECOND FLOOR. UM, SO THE SIDE SETBACK VARIANT, UM, STAFF WOULD RECOMMENDS APPROVAL ON BO O 8 22 1 0 3 0 0 2 49 BASED ON THE FOLLOWING FINDINGS OF FACT, UH, THE REQUEST DOES NOT, UM, APPEAR OUTTA CHARACTER OF THE AREA AND THE STAIRS OF ACCESS ARE NEEDED TO ACCESS THE SECOND STORY OF THE HOME. UM, THERE WERE 32 NOTICES. NOW, UM, THIS MORNING I DID RECEIVE THREE, NO FOUR IN FAVOR THAT ARE NOT ON UPDATED ON THE POWERPOINT. UM, THE FOUR IN FAVOR WERE INSIDE THE 200 FOOT RADIUS. UM, IT WAS ONE IMMEDIATE TO THE LEFT HAND, THE LEFT HAND SIDE OF THE PRO SUBJECT PROPERTY, TWO IMMEDIATE TO THE NORTH SIDE OF THE SUBJECT PROPERTY, AND ONE IMMEDIATE TO THE RIGHT HAND SIDE OF THAT PROPERTY ACROSS THE STREET. UM, AND ALSO THERE WAS NO RESPONSE FROM THE HIGH LAND PARK HOMER ASSOCIATION, THE SOUTHEAST SIDE HOMEOWNER ASSOCIATION. AND OOPS. AND THAT CONCLUDES THAT PRESENTATION AND THE APPLICANT IS PRESENT. ALL RIGHT, IF THE APPLICANT PLEASE COME FORWARD. AND ALSO, MAY I GET A TRANSLATOR, PLEASE? OKAY. UH, WHILE SHE'S, UH, APPROACHING STAFF, IS THERE ANY PUBLIC COMMENTARY? WE HAVE THREE INDIVIDUALS SIGNED UP TO SPEAK. ALL RIGHT, THANK YOU. [02:35:07] OKAY. COULD, HELLO? IF SHE COULD PLEASE STATE HER NAME AND TELL US ABOUT HER CASE. MARINA RODRIGUEZ. MAR. MARINA RODRIGUEZ? YES. BIL 14 14 46 VANDERBILT. OKAY. ALL RIGHT. WHAT WOULD YOU LIKE US TO KNOW? UM, WE WERE, THERE WAS AN INSPECTOR LAST YEAR. UH, WE WERE BUILDING THIS STAIRCASE. UH, THEY WERE VERY OLD, BUT WHEN THERE WAS THIS SNOW, UH, THEY FELL APART. OKAY. SO THE STAIR THERE WAS ALREADY STAIRS THERE? YES, SINCE WE MOVED IN. OKAY. ALRIGHT. PORCH, AS THE STAIRCASE FELL, FELL APART, THEN WE BUILT UP THE PORCH. UH, IT USED TO BE MADE IN WOODEN AND WE WERE BUILDING IT IN STEEL. SO, SO THE, THE DECK IS NEW? YES. OKAY. ALL RIGHT. UM, IS THERE ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? COMMISSIONER CRUZ? UM, SO IT'S ALL ONE PROPERTY AND THE, I GUESS THE BACK AREA OF THE HOME IS ATTACHED TO THE MAIN HOME, AND, BUT YOU STILL NEED THE STAIRS AND THAT'S WHY THAT THAT WAS REBUILT. MM-HMM. . SO THE, THE, AT THE BOTTOM OF IT IS A, A GARAGE, AND ON TOP OF IT IS A STORAGE. SO WE NEED THE STAIRCASE TO GO UPSTAIRS AND, UH, THE HOUSE IS DETACHED. SO LET ME, LET ME, UH, I THINK I UNDERSTAND WHAT COMMISSIONER CRUZ IS TRYING TO, TO ASK. SO BEFORE YOU HAVE A, YOU HAD A COVERED PORCH, NOW YOU'VE CONVERTED THAT TO A, A, A DECK THAT IS, THAT, THAT, THAT YOU DIDN'T HAVE A DOOR GOING OUT THERE BEFORE ON THE SECOND FLOOR, AND THEN STAIRS ARE CONSTRUCTED AS A WAY TO, TO EXIT THE DECK. THIS IS, AND THERE'S ALWAYS BEEN A DOOR UPSTAIRS AND DOWNSTAIRS AS WELL. OKAY. IT'S THE, THE, THE PICTURES THAT WE HAVE ON THE INTERNET DON'T PAINT THE SAME PICTURE, UM, AS WHAT'S THERE NOW. IT, IT LOOKS LIKE IT WAS JUST A COVERED PORCH AND THAT THERE WASN'T ANY, YOU KNOW, ENJOYMENT OF STANDING ON TOP OF IT. STAFF, CAN YOU PLEASE BRING UP THE STREET WITH YOU? [02:40:03] SO BEFORE THE SNOW STORM, THERE WAS, UM, THERE WAS, EVERYTHING WAS THERE, BUT I JUST PUT THE, THE, THE, I JUST PUT THE, THE, THE, THE CEILING THAT CEILING THAT ROOF OF, UM, OKAY. STAFF. CAN YOU GO BACK TO LIKE 2013? THERE YOU GO. ? YEAH. CAN YOU ZOOM IN A LITTLE BIT? YEAH, THERE YOU GO. OKAY. IT LOOKS LIKE, SO THAT WAS, THAT WAS THE ONE I HAD BEFORE. IT WAS MADE OF WOOD ON THE SIDE. OKAY. SO THAT WAS JUST EGRESS FROM THE SECOND FLOOR, BUT NOW THERE'S A, THERE'S AN ACTUAL USABLE SPACE UP THERE. MM-HMM. . SO WE, UM, YES, WE HAD THAT AND WE HAD A TABLE AND CHAIRS ON, UH, THE BOTTOM. IT WAS JUST A SMALLER PORCH. WELL, IT WAS SMALL, BUT, BUT IT WAS A LITTLE BIGGER, BUT IT WAS LIKE GOING DOWNWARDS. YEAH, YOU CANNOT TELL NOW, BUT IT WAS LIKE THAT, MAN. I UNDERSTAND. COMMISSIONER MANNA. SO, UM, SO THERE'S A PERFECT PICTURE HERE. UM, SO, SO IF I UNDERSTAND CORRECTLY, WHAT WE'RE, WHAT WE'RE ACTUALLY HAVING DIALOGUE ON IS THAT THE STAIRCASE IS CURRENTLY IN THE BACK AND IS IN THAT ENCROACHMENT, AND WE'RE REALLY ONLY TALKING ABOUT THE STAIRCASE IN THIS PICTURE HERE, THE STAIRCASE IS IN THE FRONT. UM, WAS THERE A STAIRCASE IN THE BACK AS WELL, OR DID YOU MOVE THAT STAIRCASE INTO THE BACK AFTER YOU DID THE CONSTRUCTION? YES, THE STAIRCASE WAS MOVED. IT WAS IN THE, IN THE FRONT AND THE ONE WHO HELPED BUILD THIS, PUT IT ON THE SIDE. SO, SO A QUESTION I'LL ASK YOU THEN IS, UM, SO WAS THERE A REASON THAT YOU MOVED IT FROM THE FRONT TO THE BACK? IS THERE A REASON WHY YOU DID THAT? WELL, YEAH, THE THING IS THAT I HAVE SOME DOGS AND THEY PLAY THERE. SO I ASKED MY NEIGHBOR IF, UH, SHE HAD ANY PROBLEM IN ME BUILDING THAT THING, AND SHE SAID THAT IT WAS OKAY BECAUSE HER HOUSE IS IN THE FRONT, SO THERE'S NO, IT DOESN'T INTERFERE WITH HER HAVING THIS STAIRCASE THERE. AND THEY, AND I ASKED WHEN THE INSPECTOR GOT THERE, HE ASKED ME TO FILL OUT A FORM. SO THE NEIGHBOR FILLED THAT OUT. THE NEIGHBOR FILLED OUT THE FORM AND SHE SAID THERE WAS NO PROBLEM FOR HER. AND I HAVE ONE MORE QUESTION. SO ON THE NEW STAIRCASE, WHEN YOU GO UP IT, UM, IS IT, UM, DO YOU HAVE TO START AT THE FENCE, UH, YOUR NEIGHBOR'S FENCE AND GO UP? OR IS IT ALONG THE SIDE WHERE YOU GO UP? IN OTHER WORDS, WHERE THE STEPS START? DO THEY FOLLOW THE FENCE LINE OR, OR THE PERPENDICULAR DEFENSE LINE? IT DOESN'T DISCHARGE YOU THE BACK UNDERNEATH? YEAH, WE, WE SEE, WE, WE, SO THIS IS SIDE PLAN UPSTAIRS? YEAH, THERE'S A SIDE PLAN. WE, WE, OKAY, [02:45:02] THANK YOU. ANY OTHER QUESTIONS? COMMISSIONER CHAKA? MACHACA? UH, THE ONLY ISSUE I'M HAVING IS THAT SHE HAD A COVER AND IT GOT CONVERTED INTO A DECK, AND THE DECK IS ABOUT 36 INCHES ACCORDING TO CODE BEFORE YOU NEED A PERMIT. SO HERE WE'RE ARGUING OR TRYING TO DISCUSS THE, THE STEPS TO THE NEW DECK THAT IS BEYOND THE CODE. WAS THERE A PERMIT FOR THE ELEVATION OF THE NEW DECK? I HAVE THE PLAN, THE, THE ARCHITECT WHO DID THE PRINT WORK, BUT, UM, HE DIDN'T GIVE THEM TO ME. HE TOOK THEM HERE. OKAY. STAFF. IS THERE A PERMIT FOR THE WORK? THERE WAS NO PERMIT FOR THAT, UH, WORK THAT HE WAS DESCRIBING ABOUT, UM, MAKING A ELEVATION CHANGE. DOES THIS MEET THE EXCEPTION OR BECAUSE THERE'S A SUPERSTRUCTURE, THEY'D THEY'D HAVE TO GET A PERMIT, CORRECT? I BELIEVE THEY, THAT'S MORE OF A PERMANENT QUESTION, BUT I DO BELIEVE THEY HAVE TO GET A PERMANENT QUE UH, UH, PERMIT FOR THE WORK THAT THEY DID. OKAY. IS THAT, IS THAT BEING FOLLOWED FOLLOW THROUGH? UH, YEAH. FOR THEM TO GET A PERMIT FOR THIS ONE RIGHT HERE, THEY WOULD HAVE TO, THEY INCLUDE IT OR GET A SEPARATE ONE. UM, OBVIOUSLY IT WOULDN'T BE, UH, THE BOAS. UM, YEAH, I KNOW WE'RE JUST LOOKING AT THE STAIRS, BUT THEY'RE, THEY'RE JOINED TOGETHER AND IT, THEY KIND OF GO HAND IN HAND. I WAS JUST WONDERING IF THERE WAS A PERMIT APPLIED FOR, FOR ANY, ANY OF THIS WORK? YEAH, IT LOOKS LIKE SHE DID DO A PERMIT FOR THE STAIRS. UH, I'LL CHECK TO SEE IF THAT THE ELEVATION IS INCLUDED THOUGH. OKAY. SO YEAH, FOR WHAT'S BEFORE US, THERE'S A PERMIT FOR THAT. SO IF THERE'S NO OTHER QUESTIONS, UH, WE HAVE, UH, THREE PEOPLE SIGN UP TO SPEAK. SO WHAT WE'RE, WE'RE GONNA LISTEN TO, UM, CITIZENS SIGN UP TO SPEAK. SO IF Y'ALL COULD JUST, UH, TAKE A SEAT. THERE'S, UH, ISAAC BMM. YOU STATE YOUR NAME AND ADDRESS. MY NAME IS ISAAC MENDOZA. MY NAME IS ISAAC MENDOZA. UM, MY ADDRESS IS 1 0 6 BAILEY AVENUE. I AM PART OF THE NEIGHBORHOOD ASSOCIATION OF HOLLAND PARK. OKAY. NOW THIS IS THE ONLY QUESTION I HAVE. HOW DOES THIS IMPACT THE FIRE CODE AND WILL THE STRUCTURE NEED ADDITIONAL DETERRENT? YEAH, SO, UM, THAT'S A GOOD POINT. UH, THE STAIRS THAT'S BEFORE US TODAY WAS SUBMITTED FOR A PERMIT, AND SO THE PERMIT CAN'T BE BE ISSUED OR C OF O ISSUED WITHOUT IT BEING REVIEWED FOR FIRE COMPLIANCE. SO STAFF, HAS THAT BEEN, PERMIT HAS BEEN ISSUED FOR THE STAIRS, HAS IT BEEN CLOSED OUT OR JUST PENDING OR IT'S STILL UNDER REVIEW OR STILL PENDING REVIEW BASED OFF OF THE, UH, B O A DECISION. OKAY. SO THEY'RE WAITING, THEY'RE WAITING TO HEAR FROM US TO MOVE THAT FORWARD, BUT THAT IS PART OF THE REVIEW TO VERIFY FIRE COMPLIANCE. IT WOULDN'T BE PASSED. YEAH, IT'S NOT, IT'S NOT GONNA GET PASSED UNLESS IT MEETS THE REQUIREMENT. AND IF IT'S A METAL, IS IT METAL STAIRS OR IS THIS WOOD? WELL, AND IT MAY HAVE AN ADDITIONAL PROCESS OF, UH, A C M R, THE CODE MODIFICATION REQUEST. SO, OKAY. SO WHAT HAPPENS IS, IS THAT IF THE, IF IT'S FOUND TO BE IN SLIGHT VIOLATION, THEN THEY HAVE TO GO THROUGH A VARIANCE PROCESS WITH THE FIRE OFFICE AND WORK OUT, UH, SOME MEANS TO MAKE IT, UH, FIRE COMPLIANCE. SOMETIMES THAT COULD BE ADDITIONAL, UM, UH, CLADDING OR, OR IT COULD BE A, A, A CERTAIN COATING THAT'S MORE FIRE RESISTANT. BUT YES, IT WILL GO THROUGH THAT PROCESS. THANK YOU. ALL RIGHT. WHO'S NEXT? UM, MANNA COMMISSIONER. MANNA. SO SORRY, ISAAC. SO YEAH, SO, SO IF THE, IF THE QUESTION WAS RESOLVED, UH, I GUESS, SORRY, YOU'RE REPRESENTING THE NEIGHBORHOOD ASSOCIATION, SO ARE YOU OKAY WITH IT FROM HIGHLAND PARK PERSPECTIVE? IF IT IS THAT IT MEETS THE FIRE COATING, ARE YOU OKAY WITH IT AS I GUESS AS PRESENTED? YES. THANK YOU. OKAY, THANK YOU. ALRIGHT. UM, THIS IS A QUICK, UH, INTERRUPTION. THE, THE PERMIT DOES INCLUDE THE DECK ALSO. OH, OKAY. THAT THEY APPLIED FOR. UM, TOM WETZLER. GOOD AFTERNOON. GOOD AFTERNOON ALL. I'M [02:50:01] TOM WETZLER. I RESIDE AT, UH, 1311 SLY AVENUE THERE IN HIGHLAND PARK. I'M ALSO A MEMBER OF THE HIGHLAND PARK NEIGHBORHOOD ASSOCIATION. AND FROM, WE LEARNED ABOUT THIS, UH, THIS ISSUE, UH, LAST WEEK ESSENTIALLY. AND THERE WERE QUESTIONS ABOUT, WAS THIS AN ISSUE OF THE ENTIRE MIDDLE STRUCTURE OR ONLY THE STAIRS. AND, AND WE FEEL, I DID GO OVER AND TAKE A LOOK AT THE PROPERTY. OF COURSE I DIDN'T GO ON THE PROPERTY, BUT I DID HAVE THE OPPORTUNITY TO SPEAK TO THE NEXT DOOR NEIGHBOR WHO LIVES IN THE TWO STORY WHITE HOUSE THAT YOU'VE SEEN IN THE PHOTOS. AND AS HAS BEEN MENTIONED, SHE HAS ABSOLUTELY NO PROBLEM WITH THE STAIRS BEING CLOSE TO HER PROPERTY LINES. SO THE DIRECT, THE NEIGHBOR DIRECTLY INVOLVED THERE HAS NO ISSUES WITH THAT. AS TO THE STRUCTURE ITSELF, WE HAVE NO IDEA WHAT THE HISTORY OF THAT IS. AND MY UNDERSTANDING IS, IS THIS ISSUE HAS BEEN PRIMARILY ABOUT THE STAIRWAY AND SINCE THE NEXT DOOR NEIGHBOR HAS NO ISSUE, NEITHER DO WE. SO WE WOULD, WE WOULD ASK THAT YOU WOULD APPROVE IT IF THE STAIRWAY IS THE ONLY ISSUE. AND THANKS FOR YOUR TIME. THANK YOU. THANK YOU. EXCUSE, UH, PEGGY PENA. I PASS. OKAY. THAT'S ALL THE, UH, PUBLIC COMMENTS. ALRIGHT, SO WITH THAT MR. CHAIRMAN? YES. COMMISSION. IT'S THE LAST, UH, SPEAKER STATED, HE SAYS, AND THEY WILL APPROVE IT, BUT ONLY FOR THE STAIRS. YEAH, IT WOULD PASS IT. THE REMARK WAS THAT IF THE ISSUE BEFORE YEAH, FOR THE STAIRS. OKAY. UM, I'M LOOKING FOR A MOTION. MANNA MANNA RE, REGARDING CASE NUMBER BO A 2 2 1 0 3 0 2 4 9. I MOVED AT THE BOARD OF ADJUSTMENT GRANTOR REQUEST FOR A TWO FOOT FOUR INCH VARIANCE FROM FIVE FOOT SIDE SETBACK TO ALLOW A STRUCTURE TO BE TWO FOOT EIGHT INCHES FROM THE SIDE PROPERTY LINE SITUATED AT 1 4 4 6 VANDERBILT STREET, APPLICANT BEING MARINA RODRIGUEZ. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE E D C AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE STRUCTURE APPEARS TO PROVIDE ADEQUATE SPACE ALONG THE SIDE. PROPERTY LINE IS NOT CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF FINDS AN UNNECESSARY HARDSHIP DUE TO THE LIMITED SIZE OF THE REAR YARD. THREE, BY GRANTING THE VARIANCE, THE SPARE OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED VARIANCE IS TO ALLOW A STRUCTURE BE CLOSER TO THE SIDE PROPERTY LINE DUE TO THE CONFIGURATION OF THE PROPERTY AND THE STRUCTURE, UH, BEING EXISTING. THIS WILL ALLOW THE SPIRIT OF THE ORDINANCE. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THIS VARIANCE IS LOCATED. NO OTHER USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED. STAFF DOES NOT FIND EVIDENCE THAT THE REQUESTED VARIANCE WOULD ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THE STAIR STRUCTURE WAS BUILT IN ORDER TO HAVE ACCESS TO THE SECOND STORY OF THE HOME. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH A PROPERTY IS LOCATED. THE VARIANCE OF SAW DUE TO UNIQUE CIRCUMSTANCES IS EXISTING ON THE PROPERTY SUCH AS THE SIZE AND LOCATION OF THE LOT. THE VARIANCE REQUEST IS NOT MERELY FINANCIAL. END OF MOTION. SECOND. SECOND BY COMMISSIONER CRUZ. COMMISSIONER MANNA. UM, YES, I'LL BE, UH, VOTING IN FAVOR OF THIS. UM, UM, I'D, I SEE THAT AS A PRETTY SMALL, UM, I GUESS ENCROACHMENT REALLY, UH, UH, INTO THIS, UH, SIDE SETBACK. UH, ONE AND THEN TWO, I THINK, UM, HAVING THE NEIGHBOR, UM, BEING IN FULL SUPPORT IS A SECOND OPTION. AND THREE, UH, BEING THAT WE HAVE MEMBERS OF THE ASSOCIATION, THE HOMEOWNER ASSOCIATION HERE ALSO IN FAVOR, AS LONG AS IT IS FIRE RATED, I THINK, UH, I'LL BE VOTING IN FAVOR OF THIS AS WELL. OKAY. COMMISSIONER CRUZ? UM, YES, I CONCUR. MR. MANNA, I BELIEVE THIS WILL BE A GOOD ASSET TO THE HOME. THANK YOU. THANK YOU, MR. CHAIRMAN. COMMISSIONER ZUNIGA? UH, WILL WE BE VOTING ON THE STAIRS ONLY? YEAH. IT, IT IS ONLY THE ENCROACHMENT OF THE STAIRS. YEAH, THE STAIRS. YEAH, THE STAIRS. THAT'S IT. BUT NOT THE DECK OR THERE'S NO ENCROACH. THERE'S NO ENCROACHMENT OR VIOLATION OF THAT. UH, THERE'S A PERMIT. IT'S FOR THAT TOO. WELL, IT'S A JOINT PERMIT, SO THEY CAN'T RELEASE THE PERMIT UNTIL THE STAIR PORTION'S BEEN, UH, ADDRESSED. SO, UH, LET'S HAVE A ROLL CALL. VOTE PLEASE. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. MR. SPIELMAN. I CONCUR. MR. MENCHACA. I CONCUR. MS. LYNN. I CONCUR. MR. ZUNIGA. I CONCUR. MS. KAPLAN [02:55:01] I CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA. I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. ALL RIGHT. ITEM 11. UM, ITEM 11 BO 8 22 1 0 3 0 2 5 3 LOCATED AT 29 0 200 DENT STREET AND COUNCIL DISTRICT NUMBER EIGHT, APPLICANT BEING, UH, STEVE DALLAS. UM, I REQUEST FOR A FOUR INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SET REQUIREMENT TO ALLOW A DETACHED CARPORT TO BE FOUR FOOT EIGHT FROM THE SIDE PROPERTY. LINE TWO, A 13 FOOT FOUR INCH VARIANCE FROM THE MAXIMUM RESIDENTIAL CURB CUT WIDTH OF 20 FEET TO ALLOW A 33, UM, FOUR INCH CURB CUT IN FRONT OF THE DRIVE. THREE AND THREE, A NINE FOOT 11 RAMPS. AND THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A DEACH DETACHED CARPORT TO BE ONE INCH FROM THE FRONT PROPERTY LINE. CURRENT ZONE IS R SIX RESIDE RESIDENTIAL SINGLE FAMILY. UM, CODE ENFORCEMENT ISSUED A ZONING VIOLATION FOR THE ACCESSORY STRUCTURE. ACCESSORY STRUCTURE IS LOCATED WITHIN THE MINIMUM SIGNED AND FRONT SETBACK REQUIREMENTS. ADDITIONALLY, A CURB COVER 33 4 INCHES WILL BE REQUIRED TO UTILIZE THE CAR PORT. UH, THE APPROVAL OF THE VARIANCE WILL ALLOW CODE COMPLIANCE TO CLOSE OUT THIS ZONING CASE ASSOCIATED WITH THIS PROPERTY. AND THE VARIANCE WILL ALSO ALLOW FOR ANY BUILDING PERMITS TO BE ISSUED. THERE WERE NO, NO CAR PORTS IN THE AREA OBSERVED. UM, SO THIS IS THE SITE PLAN THAT WAS PROVIDED. UM, THE HIGHLIGHTED AREA IS IN, UM, IS WHERE THE CARPORT, IT WAS PROPOSED. AND THE FOLLOWING PICTURES ARE OF THE CARPORT ITSELF. UH, SO THAT IS THE SUBJECT PROPERTY. AND THEN THIS IS WHERE THE POSTS ARE LOCATED AT ON THE PROPERTY. UM, SO, AND THAT'S ONE VIEW OF IT. OH, A WIDER VIEW OF THE HOME WHERE YOU CAN SEE THE CARPORT ON THE RIGHT SIDE AND THE, THE FRONT OF THE HOME ON THE LEFT AND MORE GOING INTO THE SURROUNDING AREA OF THE HOME. AS, AS IT IS A CORNER LOT. UM, STAFF RECOMMENDS APPROVAL ON BO O A 22 103 0 2 5 3 FOR THE SIDE SETBACK VARIANCE BASED ON THE FOLLOWING FINDINGS OF FACT, UM, THE STRUCTURE APPEARS TO HAVE ADDEDS BASED ON THE NEIGHBORING PROPERTY AND FOR THE CURB CUT VARIANCE. AND THE FRONT SETBACK VARIANCE STAFF RECOMMENDS IT NOW ON BO 8 22 1 0 3 0 0 2 5 3 BASED ON THE FOLLOWING FINDINGS OF FACT, UH, THE STRUCTURES ALTERS THE ESSENTIAL CHARACTER OF THE DISTRICT AND THE STRUCTURE MAY NEGATIVELY IMPACT THE RIGHT OF WAY. UM, THERE WERE 23 NOTICES SENT OUT. THERE WAS ZERO IN FAVOR. THERE WAS ONE OUTSIDE OF 200 FEET THAT IS IN OPPOSITION AND THERE WAS NO REGISTERED, UM, HOMEOWNER ASSOCIATIONS IN THE AREA. UM, AND THAT WOULD CONCLUDE STAFF PRESENTATION. AND THE APPLICANT SHOULD BE PRESENT. YES. YES, YES, THEY'RE PRESENT. ALL RIGHT. HAS HAD THE APPLICANT COME UP? I'M STEVE DALLAS. I'M THE RESIDENT OWNING THE PROPERTY. 2 9 0 2 HUNTERS DEN STREET. OKAY. TELL US ABOUT YOUR CASE. SO I HAVE, I PURCHASED A TRUCK IN AUGUST. IT DOES NOT FIT IN MY GARAGE. SO I WANTED TO GET A DETACHED CARPORT. I WANTED TO WHERE OUR GOAL IS TO HAVE A LOOK AS CLOSE TO THE HOUSE AS POSSIBLE WITH THE SAME TYPE OF, UH, UM, METAL ON TOP FOR THE ROOF PITCHED AND THE COLOR TO BE THE SAME AS THE HOUSE SO THAT IT DIDN'T STICK OUT AND LOOK NICE, UH, IN THE NEIGHBORHOOD. THE, UH, CONCRETE, IT'S THE EXACT SAME TYPE OF, UH, CUTBACK THAT WAS DONE FOR THE NEIGHBOR AND THE NEIGHBOR NEXT TO ME. UH, MR. BEAL, HE DIDN'T HAVE ANY ISSUES WITH IT LOOKING WITH ME, DOING THE CONCRETE THE WAY I DID IT. AND HE ALSO HAS NO ISSUES WITH THE CARPORT ITSELF. AND ALSO HAD ANOTHER NEIGHBOR ON THE CROSS THE WAY ON THE CROSS FROM THE OTHER, FROM THE CORNER SIDE, UH, THAT, UH, HE ALSO WAS NOT IN OPPOSITION OF THE CARPORT EITHER. AND I HAVE NOT HAD ANY FEEDBACK FROM ANY NEIGHBORS DIRECTLY. OKAY. UM, F IS THERE ANYONE SILENT TO SPEAK ON THIS? NOPE. NO PUBLIC COMMENT. OKAY, BECAUSE, BECAUSE, UH, ONE THING I I WANTED TO CLARIFY IS, UH, WE DIDN'T HAVE A, A GOOD SITE PLAN SUBMITTED WITH THIS. ARE YOU, UH, ONLY, UM, PROPOSING A CARPORT ON THE SIDE IN THE, IN THE EXISTING DRIVEWAY, THE HISTORIC DRIVEWAY IS NOT GONNA BE COVERED. IS THAT TRUE? PARDON ME? I DIDN'T HEAR THE LAST PART. IS YOUR INTENT TO ONLY HAVE A CARPORT ON THE, ON THE FAR SIDE AND NOT ON THE HISTORICAL DRIVEWAY? YES. YES, BECAUSE OUR, OUR GARAGE, IF YOU LOOK AT THE PICTURE, IT'S KIND OF AN ODD ENTRANCE. AND IN ORDER TO GET IN AND OUT THE CARPORT, THE GARAGE, YOU NEED SPACE. AND WE DID NOT WANT THE CARPORT TO GET ANYWHERE ON IN THE OTHER AREA OF THAT SIDE TO HAVE ANY, ANY CHANCE OF ANYBODY CUTTING CORNERS TOO CLOSE AND HITTING [03:00:01] THEIR CARS COMING OUTTA THE GARAGE. OKAY. SO YOU'RE, YOU'RE, IF YOU'RE PARKED IN THE CARPORT, YOU'RE NOT TRYING TO GET THAT VEHICLE INTO THE GARAGE OR ANYTHING, YOU'RE YEAH. SEPARATE PARKING. YEAH. I WANTED TO KEEP IT SEPARATE OUT AWAY FROM THE, THE CURRENT DRIVEWAY. AND HOW DEEP IS THE CARPORT? DO YOU KNOW THE DIMENSIONS OF WHAT YOU'RE TRYING ATTEMPTING TO CONSTRUCT? SO THE, THE, UH, TOTAL, LET ME GET TO THE CONTRACTORS DIMENSIONS HERE. SO IT'S GONNA BE, UH, 12 FOOT WIDE BY 22 FEET AND EIGHT INCH LENGTH. OKAY. SO ON THE, ON THE, UH, ON THE PICTURES THAT WE HAVE, WE HAVE, UH, TWO ROWS OF, OF, OF COLUMNS. SO YOU'RE DOING 12 FOOT, SO YOU WOULD, YOUR, YOU INTENT IS TO HAVE A REALLY WIDE DRIVEWAY. YOU, YOU PARK STRAIGHT IN AND YOU COME BACK RIGHT OUT. YEAH. SO I CAN GET STRAIGHT IN. SO WE DON'T HAVE ANY CHANCES 'CAUSE I, BECAUSE OF THE SIDE SETBACK AND I DIDN'T WANT IT IN PART OF THE CURRENT DRIVEWAY, I WAS LIMITED ON THE WIDTH. SO I DON'T HAVE MUCH SPACE FOR MY BIG TRUCK ON EITHER SIDE WITH THE CURRENT DIMENSIONS. RIGHT. SO STAFF, I KNOW THAT THERE'S A, THERE'S A WIDTH LIMIT ON RESIDENTIAL DRIVEWAYS IS IF, IF, CAN THEY, CAN THEY PUT A BREAK AND HAVE TWO DRIVEWAYS AT THE MAX WIDTH OR IS THAT SOMETHING THAT, UH, YOU JUST CONSIDER IT ONE BIG WHITE DRIVEWAY? I'M WONDERING COULD HE HAVE LIKE A 16 FOOT DRIVEWAY AND THEN A LITTLE, YOU KNOW, A NO CUT AND THEN A, A 12 FOOT DRIVEWAY FOR THIS NEW CARPORT? OR DOES IT, HOW DOES THAT COME IN? DO THEY ALLOW TWO DRIVEWAYS? SO JUST A CLARIFICATION ON THAT. WE, WE FOUND OUT FROM PUBLIC WORKS THAT ACTUALLY THEY GET 20 FEET, UM, WHICH WAS WHY THE PREVIOUS CASE THAT HAD 19 WAS FINE. OKAY. UM, WE ARE GONNA DOUBLE CHECK TO SEE WHAT CONFIGURATION THIS PROPERTY IS PLOTTED ON. YOU PROBABLY ALREADY KNOW THAT, BUT I JUST WANNA MAKE SURE IT'S NOT A SEPARATE LOT. YEAH. 'CAUSE I'VE GOT PICTURES HERE OF WHAT I ACTUALLY UPLOADED ONLINE THAT SHOWS MY, THAT CUTBACK ON THE CONCRETE FOR THE DRIVE UP THROUGH IS EXACT SAME AS MY NEIGHBOR'S. I WASN'T SURE HOW MANY COPIES ON THAT. YOU WANNA BE CAREFUL YOU'D BE TURNING YOUR NEIGHBOR INTO COMBINE, SIR. YOU COULD JUST GIVE IT TO THE STAFF. THEY CAN PROJECT IT FOR EVERYONE TO SEE. HE BROUGHT MULTIPLE COPIES. I'M KEEPING THIS, IT SHOWS THIS, THE CONCRETE BE THE SAME CUTBACK AS THE NEIGHBORS. AND THE, THE BIG CHALLENGE WITH THIS IS THE PROPERTY LINE WAS NOT ANYWHERE WHERE ANYBODY THOUGHT, IT WAS NOT EVEN THE FIRST INSPECTOR THAT CAME OUT TO TALK TO US. AND SO THE FRONT SETBACK WAS VERY CONFUSING. AND SO WHAT THE CONTRACTOR UNDERSTOOD AND WHAT I UNDERSTOOD AND EVEN WHAT THE, UH, THE FIRST INSPECTOR CAME OUT, THE PIPELINE WAS MUCH FURTHER IN THAN ANYBODY THOUGHT. SO I FOUND A SURVEY FROM 1993 WHEN WE PURCHASED A HOME THAT SHOWED WHERE THE PROPERTY LINE WAS. USUALLY THEY BUILD THE CONCRETE APRON AT THE TOP OF THE APRON IS WHERE YOUR PROPERTY LINE IS. IT'S WHAT'S USUALLY DONE. YEAH. IT'S MUCH FURTHER IN THAN EVEN, IT'S QUITE A WAYS PAST THE SIDEWALK, THE PROPERTY LINE. I MEAN, IT LOOKS LIKE, IT LOOKS LIKE FROM THE FACE OF CURB, YOUR PROPERTY LINE'S LIKE 10 FEET BACK. YEAH. IT'S QUITE A WAYS BACK. YEAH. THAT WOULD BE ABOUT RIGHT. SO I'D LIKE TO KEEP THE CUTBACK THE SAME AS WHAT MY, I MEAN, IT LOOKS UNIFORM EXACTLY THE SAME AS MY NEIGHBORS. YEAH. I MEAN, BECAUSE YOU HAVE A 30 FOOT WIDE, A HUNDRED DEN IS A 30 FOOT WIDE RIGHT OF WAY. I, I, I'M SORRY. 50 FOOT. SO USUALLY WHAT THEY DO IS A 30 FOOT PAVEMENT, AND THEN YOU HAVE 10 ON EITHER SIDE. SO FROM THE FACE OF CURB IT'S MOST LIKELY 10 FOOT BACK. BUT, UM, BUT OKAY. UH, HOW'S, HOW'S, UH, WHEN THIS GETS CONSTRUCTED, ANOTHER ISSUE THAT, THAT, THAT'S IMPORTANT TO THE, TO THE CITY IS, IS AADA A COMPLIANCE ON THE SIDEWALKS. SO, I I, WHEN THIS NEIGHBORHOOD WAS BUILT, YOU, THIS IS PRE, DOES THIS PREDATE 92 93? UH, YEAH, THIS WAS 1985, I THINK CONSTRUCTION. SO THEY, THIS IS BACK WHEN THEY HAD THOSE REAL ABRUPT, UH, GRADE CHANGES FROM THE DRIVEWAY APRON. MM-HMM. BACK UP TO THE SIX INCH SIDEWALK TOP. AND SO THEY, THEY, WHEN YOU CONSTRUCT THIS, ARE, HAS THERE BEEN ANY, UM, ARE YOU TRYING TO MAKE THIS, UH, COMPLIANT WITH ACCESSIBILITY OR IS IT JUST, ARE YOU YEAH, IT'S, IT'S, I, I HAVEN'T MEASURED THE EXACT WIDTH FROM THE SIDEWALK TO THE FRONT POST OF THE CARPORT, BUT IT'S MORE THAN FIVE FEET. OKAY. IT'S MORE THAN FIVE FEET FROM THE SIDEWALK. I JUST WANTED TO MAKE SURE THE SLOPE WAS AN ABRUPT LIKE IT, LIKE IT CURRENTLY IS. ALL RIGHT. UH, ANY OTHER, ANY QUESTIONS FROM THE COMMISSION FOR THE APPLICANT? NO. COMMISSIONER MANOR, I'M ASSUMING THAT, UM, BY THE WIDTH OF THE PROPERTY, THE WIDTH OF THE, THE HOUSE THAT WE ARE NOT, UM, APPROACHING, UM, THE 50%, UM, IMPERVIOUS COVER LIMITATION, CORRECT? THAT'S CORRECT. THIS IS QUITE A LARGE LOT. COMMISSIONER ZUNA. OH, ZUNA. UH, [03:05:01] I WAS JUST CURIOUS IF THERE WAS ANY RESTRICTED COVENANTS WITHIN THE HOMEOWNER'S ASSOCIATION THAT WOULD PROHIBIT, UH, ACCESSORY STRUCTURE IN THE FRONT YARD? UH, THIS ESSENTIALLY IS, I, SINCE I HAD THE PAPERWORK FROM THE CLOSING, UH, IN 1993, I LOOKED THROUGH IT. I DIDN'T SEE ANY DEEDED RESTRICTIONS, ANYTHING RELATED TO THAT. FAIR ENOUGH. ALL RIGHT. UH, ANY OTHER QUESTIONS? UH, HEARING NONE, UH, THANK YOU VERY MUCH. WE'RE GONNA ASK FOR A MOTION, WE'LL DELIBERATE, UH, WHO WOULD LIKE TO MAKE A MOTION ON THIS O ZUNA COMMISSIONER ZUNA REGARDING CASE NUMBER BO EIGHT DASH 22 DASH 0 3 0 0 2 53. I MOVE TO THE BOARD OF ADJUSTMENT GRAND. REQUEST FOR ONE A FOUR INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE STEPBACK REQUIREMENT TO ALLOW A DETACHED CARPORT TO BE FOUR FEET EIGHT INCHES FROM THE SIDE PROPERTY LINE AND TWO A 13 FEET FOUR INCH VARIANCE FROM THE MAXIMUM RESIDENTIAL CURB CUT WIDTH OF 20 FEET TO ALLOW A 33 FOOT FOUR INCH CURB CUT IN THE FRONT DRIVEWAY AND THREE AND NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT, 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A DETACHED CARPORT TO BE ONE INCH FROM THE FRONT PROPERTY LINE, SITUATED AT 2 9 0 2 HUNTERS DEN STREET, APPLICANT BEING STEVE DALLAS. BECAUSE THE TESTIMONY PRESENTED TO US THE FACTS THAT WE DETERMINE SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE STRUCTURE IS APPEARING TO PROVIDE ADEQUATE SPACE ALONG THE SIDE FOR AND FRONT PROPERTY LINE, AS WELL AS THE WIDER CURB CUT IS APPROPRIATE FOR THE AREA AND WILL NOT CAUSE ADVERSE EFFECTS OF THE NEIGHBORING PROPERTY. TWO, DUE TO SPECIAL CONDITIONS OF LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN NONE UNNECESSARY HARDSHIP. STAFF FINDS HARDSHIPS DUE TO THE SIZE AND ORIENTATION OF THE LOT. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. A REQUESTED VARIANCE IS TO ALLOW A STRUCTURE TO BE CLOSE TO THE SIDE PROPERTY LINE. THERE APPEARS TO BE, APPEARS TO BE ADEQUATE, UH, SPACE TO THE NEIGHBORING PROPERTY. THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN FOR THE FRONT SETBACK VARIANCE AND THE CURB CUT VARIANCE THE RIGHT OF WAY WILL NOT NEGATIVELY BE AFFECTED FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED. NO USES OF THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITHIN THE VARIANCE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF DOES NOT FIND EVIDENCE THAT THE ACCESSORY STRUCTURE MAY ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. AND SIX, APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF ASSAULT, IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED, UH, BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT DUE TO THE RESULT OF GENERAL CONDITIONS. THE DISTRICT WHICH THE PROPERTY IS LOCATED, THE C UH, CIRCUMSTANCES OF THE LOT WERE NOT CREATED BY THE OWNER AND THEREFORE, THERE ARE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. END OF MOTION. SECOND. SECOND. BY COMMISSIONER MANANA. COMMISSIONER ZUNA? YES. SO I AM GOING TO, UM, SUPPORT THE MOTION. I'M GONNA GO WITH STAFF'S RECOMMENDATION FOR APPROVAL AND THAT THE, UH, STRUCTURE APPEARS TO HAVE ADEQUATE SPACE FROM THE NEIGHBORING PROPERTY. UH, WE SAW NO OPPOSITION FROM THE NEIGHBORS THAT WOULD BE MOST AFFECTED. APPEARS THAT THE, UM, OWNERS, UM, THERE ARE NO RESTRICTED COVENANTS ABOUT THE STRUCTURE, THE APPLICANT. UH, TEST TESTIMONY. MR. AONA, IS YOUR MIC ON? YEAH, I'M SORRY. OH, THERE WE GO. I GOT CARRIED. THANK YOU. . I GOT CARRIED AWAY. I APOLOGIZE. UH, AND THE APPLICANT, UH, PROVIDE TESTIMONY THAT THE, UM, THE APPEARANCE OF THE STRUCTURE WILL BE IN CONFORMING WITH THE APPEARANCE OF THE BUILDING AND WITH THE METAL. AND I THINK IT'LL BE A NICE STRUCTURE WHEN COMPLETED. COMMISSIONER MANNA. I CONCUR WITH MY COLLEAGUE. ALRIGHT, ANYONE ELSE? MINKA, MINKA. UH, I FORGOT TO ASK ONE QUESTION, SIR. UM, PARDON ME. UH, IT LOOKS LIKE YOUR ROOF ON YOUR HOUSE IS LIKE AT EIGHT ON 12. IS THE PITCH ON THE GARAGE GONNA BE EIGHT ON 12 WITH A GABLE OR A FLAT ROOF? IT'S GONNA BE PITCHED GABLE. 'CAUSE I WANTED TO MATCH THE HOUSE. I WANT THAT THE, THE CARPORT LOOK AS CLOSE TO MATCHING THE HOUSE AS POSSIBLE. THANK YOU. ALRIGHT. UH, LET'S HAVE A ROLL CALL. VOTE PLEASE. MR. OZUNA. I CONCUR. MR. MANNA, I CONCUR THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. MENCHACA. I CONCUR. MS. LYNN, I CONCUR. MS. CRUZ I CONCUR. MR. ZUNIGA. I CONCUR. MS. KAPLAN, MS. KAPLAN UP WE CAN, WE CAN'T HEAR YOU. CAN YOU GIVE US A THUMBS UP? OKAY. SO WE HAVE A THUMBS UP FROM COMMISSIONER KAPLAN. MS. BRAGMAN, I CONCUR. CHAIR ORIAN, AND I ALSO CONCUR WITH THE FINES OF FACT. MOTION PASSES UNANIMOUSLY. IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. SO I GET MY, MY CUTBACK ON THE CURB AND I MM-HMM. , GET MY PERMIT PROCESSED. YEP. THANK YOU. THANK YOU. ALL RIGHT. ITEM 12. GOOD AFTERNOON. AGENDA ITEM 12 BO O 8 22 1 0 3 0 0 2 5 4. ADDRESS IS 4 0 3 MONTANA STREET COUNCIL DISTRICT TWO. APPLICANT IS ZAMARRIPA REAL ESTATE INVESTMENTS. L L C [03:10:01] A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT ON A BLOCK PLACE FOR THE E D C SECTION 35 3 74 0 1 ZONING IS A TWO ARTS AND ENTERTAINMENT DISTRICT. THE SUBJECT PROPERTY IS GENERALLY LOCATED NORTH OF DOWNTOWN AT THE CORNER OF MESQUITE STREET IN MONTANA STREET. THE PROPERTY CURRENTLY HAS ONE EXISTING SINGLE FAMILY DWELLING SURROUNDING USES INCLUDES SINGLE FAMILY RESIDENTIAL. THERE'S CURRENTLY ONE OTHER TYPE OF S T R PERMIT ISSUED DOWN THE STREET FROM THE SUBJECT PROPERTY. THIS IS THE ONLY TYPE TWO S T R PERMIT ISSUED FOR THE BLOCK FACE SITE PLAN. AND THIS IS THE SUBJECT PROPERTY AND YOUR SURROUNDING AREAS. DID WE MISS ONE? NO. DID WE MISS ONE ON? OKAY. UH, RECOMMENDATION FOR TYPE TWO S T R STAFF RECOMMENDS DENIAL AND BILL O 8 22 1 0 3 0 0 2 5 4. BASED ON THE FOLLOWING FINDINGS OF FACT, THERE'S CURRENTLY ONE ACTIVE TYPE TWO SHORT-TERM RENTAL UNIT ON THE BLOCK FACE. AND ALLOWING A SECOND S T R TYPE TWO PERMIT WILL EXCEED THE DENSITY OF MAXIMUM PRESCRIBED BY CODE NOTIFICATION. PLAN, 35 NOTICES WERE MAILED OUT. ONE IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM ALAMO DO GARDENS NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT SHOULD BE AVAILABLE. UH, CAN YOU BRING UP THE, UH, TELL US WHERE THE OTHER, UH, TYPE TWO IS ON THE, IT'S ON FOUR 17 MONTANA STREET. FOUR 17 MONTANA. YEP. OKAY. I GUESS THAT'D BE TOWARDS THE EAST, RIGHT? YEAH. ALRIGHT, THANK YOU. MM-HMM. , IS THE APPLICANT IN PRISON? YES, SIR. ALRIGHT. STATE YOUR NAME AND TELL US ABOUT YOUR CASE. YOU GUYS ARE GONNA SAVE ME FOR THE MAIN EVENT, BUT HERE I AM. MY NAME IS, UH, JESUS SAMPA, AND, UH, I'M THE CURRENTLY CO-OWNER. UM, I HAVE A PARTNERSHIP WITH, UH, 4 0 3 MONTANA. I'M HERE SEEKING A VARIANCE, UM, FOR AN S T R TYPE TWO PERMIT. UM, WHAT D S D FAILED TO NOTIFY YOU GUYS OF IS THAT 4 0 3 MONTANA IS THE VARIANCE I'M SEEKING FOR IS FOR THE EXCEPTION UNDER CITY ORDINANCE THAT SAYS IF YOU REHABILITATE A, UH, LANDMARK, REGISTERED LANDMARK, YOU MAY BE GRANTED A VARIANCE. SO 4 0 3 MONTANA HAS BEEN GRANTED, UM, LANDMARK STATUS BY THE CITY OF SAN ANTONIO. UM, KNOWING THAT WHEN WE TOOK THE PROJECT, UM, WE TOOK THE PROJECT WITH OUR EXIT STRATEGY BEING, UH, AIRBNB, RIGHT? MY FIRST AIRBNB, I HAD NO IDEA WHAT SDRS EVEN EXISTED. SO WHEN WE WERE TOLD, UM, WE COULDN'T DO AIRBNB, YOU KNOW, WE, UH, WERE FORCED TO SELL OR TRY TO SELL. SO, BUT, UH, IN LOOKING THROUGH THE ORDINANCE, I WAS ABLE TO, UH, TO FIND THAT EXCEPTION. AND I'M HOPING THAT THE REHABILITATION OF THIS PROJECT, 4 0 3 MONTANA, IT WAS ON THE GROUND WHEN I BOUGHT IT, YOU KNOW, UM, H D R C CITY COUNCIL FELT THAT REHABILITATING AND, AND, UH, MAKING THIS A, A CITY HISTORICAL LANDMARK, UM, WOULD ADD VALUE TO THE CITY. I'M HOPING, AND I'M, I'M ASKING FOR APPROVAL FOR THE TYPE TWO. ALL RIGHT. STAFF IS, IS THERE AN EXCEPTION, UH, FOR THE 12.5% RULE FOR HISTORIC LANDMARKS? UH, WHAT THE CODE SAYS IS, SAYS THAT THE APPLICANT MUST DEMONSTRATE, AND THE BOARD MU OF ADJUSTMENT MUST FIND THE RESTORATION OF A HISTORIC LANDMARK OR STRUCTURE IS A VALUABLE ADDITION TO THE QUALITY AND CHARACTER OF THE CITY. OR THERE'S PROOF THAT A SHORT-TERM RENTAL IS THE ONLY ECONOMICALLY FEASIBLE WAY TO FINANCE THE PRESERVATION OF THE STRUCTURE AND THE GRANTING OF THE BOARD OF ADJUSTMENT APPROVAL WILL NOT ADVERSELY IMPACT THE RESIDENTIAL QUALITY OF THE NEIGHBORHOOD IN WHICH THE STRUCTURE IS LOCATED. SO THERE IS NO AUTOMATIC EXCEPTION, THERE'S NO AUTOMATIC EXCEPTION. HOWEVER, IT ALLOWS FOR A SPECIAL EXCEPTION TO BE REQUESTED. OKAY. SO IT'S, IT'S A DIFFERENT PATH, UH, LESS STRINGENT THAN PERHAPS, UH, ANYONE ELSE WHO'S ASKING FOR TO, TO BREAK THE 12 POINT A 5% RULE. THAT'S FAIR ASSESSMENT. OKAY. AND, UM, AND, AND SINCE OUR PRESENTATION THIS MORNING IS THE, IS THE, UH, SITE AT FOUR 17 MONTANA, IS THAT ON THE LIST OF HAVING THEIRS PERMIT REVOKED? ? I MEAN, WE'RE GONNA START ASKING THAT. I MEAN, IF, WE'LL CHECK THAT WHILE YOU ASK QUESTIONS. OKAY. THANK YOU. UH, AND, AND, UH, SO WE'D LIKE TO START WITH THIS APPLICANT, LIKE FOR CRUZ COMMISSIONER. QUESTION, COMMISSIONER CRUZ. UM, YOU'RE SAYING IT'S ALREADY ON THE HISTORIC, UH, SIGNATURES. DO YOU KNOW WHEN THAT GOT APPROVED BY THE CITY AND BY THE CITY? YES, MA'AM. UM, I WOULD SAY JANUARY, 2021, [03:15:03] I SUBMITTED EVERYTHING INTO THE CITY PORTAL, THE H R C PACKET CITY COUNCIL. YEAH, THEY, THEY ALREADY HAVE THE HL DESIGNATION ON THEIR ZONING. SO THAT GOT APPROVED. UH, WHEN YOU APPLIED, DID YOU, DID YOU TELL THEM THAT YOUR INTENT WAS TO MAKE THIS AN S D R? WHEN I APPLIED TO, UH, FOR THE HISTORICAL LANDMARK STATUS, I DIDN'T APPLY FOR IT. THE H D R C TOOK IT UPON THEMSELVES TO, TO, UH, MAKE THIS A LANDMARK. PREVIOUS OWNER WANTED TO TEAR IT DOWN, SO WHEN H D R C CAUGHT WIND OF THAT, THEY WERE LIKE, WELL, YOU CAN'T TEAR IT DOWN BECAUSE IT'S GOT HISTORICAL SIGNIFICANCE. SO THEY PUSHED IT THROUGH AND IT GOT THROUGH CITY COUNCIL AND IT BECAME A, A REGISTERED CITY LANDMARK. RIGHT. IT'S NOT IN A HISTORIC DISTRICT, IT'S JUST AN INDIVIDUAL CITY HISTORICAL LANDMARK. OKAY. AND YOU PURCHASED THE PROPERTY WHEN, SIR, OR WHEN DID YOU, UH, ACQUIRE THE PROPERTY? FEBRUARY, 2021. SO ABOUT A MONTH AFTERWARDS? YES. OKAY. THANK YOU. SO REAL QUICK, UH, THIS IS NOT ON THE LIST OF GETTING REVOKED BECAUSE THERE WAS NEVER ONE ISSUED. THERE'S NO S T R ISSUED ON THIS PROPERTY? NO, I'M TALKING ABOUT FOUR 17 MONTANA. OH, FOUR 17. I'M SORRY. YEAH. 'CAUSE IF THEY GOT THEIRS REVOKED, THEN, THEN HE WOULD BE THE, THE ONLY ONE. RIGHT. OKAY. ALL RIGHT. IS THERE ANY OTHER QUESTIONS WHILE WE'RE STAFF? I DO HAVE A QUESTION, COMMISSIONER ZUNA. SO PART OF WHAT THE STAFF, UM, RECITAL WAS AS PART OF THAT, I GUESS THE PREFERABLE PREFERENTIAL TREATMENT WAS THAT THERE WAS AN ECONOMIC HARDSHIP OR YOU WERE ABLE TO PROVIDE SOME FINANCIAL, UM, UM, INVESTMENT IN THIS PROPERTY TO RECOUP YOUR INVESTMENT ONLY THROUGH AIRBNB. COULD YOU, IS THERE ANY, YOU KNOW, I, I UNDERSTAND YOUR QUESTION. UM, I DON'T BELIEVE THE, THE CITY ORDINANCE READS THAT IT READS OR, SO IT SAYS IF I REHABILITATE THIS STRUCTURE, I MAY BE GRANTED, AND THEN IT SAYS, OR OKAY, A FINANCIAL HARDSHIP. BUT THE HOLDING COSTS ON THIS THING ALONE, I'VE, I'VE PAID $38,000 IN HOLDING COSTS JUST THIS YEAR. I'VE OWNED IT FOR TWO YEARS. MM-HMM. , STEPH, WHAT IS THE SECTION FOR SDRS? I CAN LOOK IT UP IN MUNI CODE. THE SECTION THAT I READ FROM YES. IS SECTION 35 DASH 3 99 0.03. AND IT IS LETTER H ONE. OKAY. YEAH. SO THAT, I MEAN, YOU HAD THAT RED, RIGHT? IT'S, IT'S, IT DOES SAY IT, IT, IT MAY BE GRANTED IF IT'S RE, IF IT'S, THERE'S RESTORATION OF AN HISTORIC LANDMARK, UH, IS A VALUABLE ADDITION TO THE QUALITY OF CHARACTER OF CITY. SO IT'S, IT'S, THERE'S THREE, THERE'S THREE BULLETS ON THAT. THE RESTORATION OF AN HISTORIC LANDMARK IS A VALUABLE ADDITION TO THE QUALITY CHARACTER OF THE CITY. OR THERE IS PROOF THAT A RENTAL TYPE TWO IS THE ONLY ECONOMICAL, FEASIBLE WAY TO FINANCE A PRESERVATION OF THE STRUCTURE. AND GRANT THE GRANTING OF A, OF A BO O A APPROVAL NOT LY AFFECT THE OKAY. RESIDENTIAL QUALITY. OKAY. SO MANNA COMMISSIONER MANNA. SO, SO, YOU KNOW, IF I'M HEARING THIS CORRECTLY, SO ONE OF THE DIALOGUES THAT WE'RE TALKING ABOUT HERE, UM, IS, YOU KNOW, HAVE YOU ATTEMPTED TO RENT OUT THE STRUCTURE, UM, OR, YOU KNOW, HAVE YOU DONE ANYTHING WITH REGARDS TO, YOU KNOW, TRULY A RENTAL FOR THE STRUCTURE VERSUS A SHORT-TERM RENTAL? SO A LONG-TERM RENTAL, A RENTAL WOULDN'T BE FEASIBLE. UM, IT, I DON'T THINK IT RENTS IN THAT AREA WOULD COVER THE NOTE IN THE TAXES. ASSUME RATE WISE, SO, I'M SORRY, GO AHEAD. GO AHEAD. MY, I KNOW YOU'VE HAD THE PROPERTY LISTED FOR A WHILE, UM, AND THAT'S PART OF THE, UM, HARDSHIP, RIGHT? THAT YOU'RE SEEKING THE SHORT TERM RENTAL. UM, AND JUST, I KNOW IT'S BEEN ON THE MARKET FOR A WHILE. UH, AND SO I THINK THAT WOULD BE SOME OF THE HARDSHIP THAT THE APPLICANT IS SEEKING WITH THE SHORT TERM RENTAL REQUEST HERE. YEAH, I'M JUST, I'M BASICALLY HANGING MY HAT ON THAT, OR . WELL, AND I, OBVIOUSLY IT'S WITHOUT QUESTION THAT IT PROVIDES VALUE TO THE CITY HAVING THE H D R C AND CITY COUNCIL VOTED A LANDMARK. SO, YEAH. SO WHAT HAPPENS IS, THE WAY THIS THING, THE WAY THIS THING IS WRITTEN IS THAT FIRST, IF YOU'RE A, YOU'RE EITHER A DISTRESS STRUCTURE OR YOU'RE A NON-DISTRESSED STRUCTURE. SO WE'RE A DISTRESS STRUCTURE. IF, BECAUSE HE'S A DISTRESS STRUCTURE, HIS TWO PATHS TO GET A SPECIAL EXCEPTION FOR A TYPE TWO IS EITHER PROVING THAT THE SHORT TERM RENTAL IS THE [03:20:01] ONLY ECONOMICAL, FEASIBLE WAY TO FINANCE A PRESERVATION THAT'S ONE OR THE RESTORATION OF AN, OF A HISTORICAL LANDMARK IS A VALUABLE ADDITION. SO IF WE, IF, IF HE CAN DEMONSTRATE THAT THE RESTORATION OF THIS HISTORIC LANDMARK IS A VALUABLE ADDITION TO THE QUALITY AND CHARACTER OF THE CITY THAN WE, WE ARE, THAT'S OUR PATH TO APPROVE. AND SO YES, THAT, THAT'S HOW I UNDERSTAND IT. YES. OKAY. SO CAN YOU, IS THERE ANY, JUST, CAN YOU TALK ABOUT WHY THIS IS, UM, A VALUABLE ADDITION TO THE CITY? IT'S NOT JUST THE FACT THAT YOU'RE A HISTORIC LANDMARK, IT'S WHAT'S MA WHAT MAKES A RESTORATION OF THIS SPECIFIC HISTORIC LANDMARK SPECIAL SO THAT IT WOULD BE A VALUABLE ADDITION TO THE QUALITY AND CHARACTER OF THE CITY? WELL, I, I BELIEVE THE RESTORATION OF IT, UM, BRINGS OBVIOUSLY VALUE TO THE NEIGHBORHOOD AND OBVIOUSLY TO THE NEAR EAST SIDE THERE, WHICH IS UNDER, IT'S UNDER GENTRIFICATION, THAT ENTIRE AREA THERE. IF YOU GO UP AND DOWN ANY OF THOSE STREETS, YOU'LL SEE A LOT OF, UH, REHABILITATION GOING ON. BUT IT WILL BRING, UM, ADDED TOURISM AS I DIDN'T, I DIDN'T KNOW THAT SUCH A THING EXISTED. BUT THERE ARE FOLKS THAT GO AROUND DIFFERENT CITIES AND REQUEST THE CITY LANDMARKS FROM, I GUESS, I DON'T KNOW, UM, TOURISM OFFICES AND ACTUALLY DRIVE AROUND AND LOOK AT ALL THE CITY HISTORICAL LANDMARKS. SO IS THERE, IS THERE ANY OTHER IN THIS AREA, WITHIN A FEW BLOCKS, ANY OTHER HISTORICALLY HISTORIC LANDMARK DESIGNATED PROPERTIES, OR IS THIS ONE OF VERY FEW IN THE AREA? I MEAN, BECAUSE IF THIS IS THE ONLY ONE THAT MIGHT, THAT MIGHT BE, UH, CONSIDERED A VALUABLE, WELL, THERE, THERE ARE 13 OTHER PROPERTIES WITHIN 500, PRE 500 FEET THAT ARE TYPE TWO RENTALS. SO IT IS KIND OF A DENSE AREA FOR SHORT-TERM RENTALS IN THIS, YOU KNOW, WITHIN 500 FEET OF THIS LOT. SO YEAH, HIS, BUT DO THEY HAVE THE ENHANCEMENT OF THE HISTORY? YEAH, I COULDN'T FIND, YEAH, I WAS LOOKING FOR THAT PIECE. I MEAN, THERE HE IS CORRECTED THAT, THAT THE BURDEN OF, OF PROVING IT, IT'S A VALUABLE ADDITION OF THE, IS THE ONLY BURDEN HE HAS TO MEET FOR US TO APPROVE IT. IF WE FEEL THAT THAT IS A VALUABLE ADDITION TO THE CITY, THIS HISTORIC LANDMARK, THAT'S THE ONLY TEST HE HAS TO MEET FOR US TO APPROVE THIS. AND SO, SO THERE'S HISTORIC LANDMARK TO THE, UH, EAST, ABOUT THREE BLOCKS TO THE EAST, AND, UH, DEFINITELY A BIG ONE, TWO BLOCKS TO THE WEST. OKAY. BUT THEY'RE NOT SHORT-TERM RENTALS, RIGHT? SO THEY'RE JUST NO HISTORICAL LANDMARKS, RIGHT? YEAH. THE, THE 12.5% RULE IS, IS, IS THIS IS APPLIED DIFFERENTLY. SO I MEAN, IF, IF THIS, IF THIS COMMISSION FEELS THAT THE LACK OF HISTORICALLY HISTORIC LANDMARK DESIGNATED PROPERTY, AND THIS HAS VALUE TO THE CITY, UM, FOR, FOR WHATEVER THE APPLICANT PROVIDE CAN PROVIDE TO US TO MAKE THIS ENHANCE ITS VALUABILITY, THEN THAT'S THE ONLY TEST THAT WE HAVE TO CONSIDER. UH, CAN YOU HEAR ME? YES. THIS IS KAPLAN COMMISSIONER KAPLAN. OH, YOU CAN ME. THANK YOU. THE OTHER THING THEY SAID WAS THAT, UM, THE COST TO RENOVATE WOULDN'T, THE ONLY WAY THAT THEY COULD RECOUP THEIR COSTS IS BY DOING AN AIRBNB. OH NO, THAT'S THERE, THERE'S AN OR ON THAT. SO HE CAN USE EITHER ONE OF THOSE. BUT HE'S CHOOSE THE APPLICANT HAS, HAS STATED THAT HE'S CHOOSING TO USE IT, THE REGISTRATION OF THE RESTORATION OF THE HISTORIC LANDMARK AS A VALUABLE ADDITION OF THE QUALITY OF THE CITY. HE DOESN'T HAVE TO SHOW ECONOMIC. OKAY. SO HE DOESN'T CARE ABOUT THAT. HE CAN'T RECOUP HIS COSTS. THAT'S, THAT'S HIS, HE DOESN'T, HE HAS TWO, HE HAS TWO PATHS AS A DISTRESS STRUCTURE AND HE, WE CAN CONSIDER IT, BUT HE IS, HE HAS STATED THAT HE'S CHOOSING TO USE IT. THIS IS A VALUABLE ADDITION TO THE QUALITY AND CHARACTER OF THE CITY. THAT'S THE ONLY, BECAUSE I, I WOULD LIKE TO HEAR WHAT THE CARRYING COSTS ARE VERSUS WHAT THE RENTS WOULD BE IN, IN CARRYING COSTS, JUST FOR THIS YEAR WAS $38,000, NOT INCLUDING, UH, THE CITY TAXES, WHICH ARE I THINK $8,200 THIS YEAR. OKAY. SO, AND I, I WOULD SAY AS FAR AS IF IT ADDS VALUE, I I WOULD SAY CITY COUNCIL ALREADY DID THAT JOB FOR ME IN BOLTON. IT A HISTORIC LANDMARK. WELL, THE, A LOT OF THEIR REQUIREMENTS ARE THAT THEY DO ADD VALUE TO THE CITY. WELL, THE DESIGN, WELL, THAT IT DOES HAVE VALUE, BUT IT DOESN'T, THE DESIGNATION OF A HISTORIC LANDMARK IS NOT THE TEST. IT HAS TO BE AN HISTORIC LANDMARK AND A VALUABLE ADDITION OF THE QUALITY AND CHARACTER OF THE CITY. CORRECT. I UNDERSTAND. AS DETERMINED BY THIS BOARD. YES, SIR. SO, MINKA COMMISSIONER MINKA, UH, ASIDE FROM THAT QUESTION, SIR, UM, IS THIS ONE UNIT OR TWO UNITS? 'CAUSE I WAS LOOKING AT THE REAR, AND IT LOOKS LIKE YOU'VE GOT TWO ELECTRIC WATER HEATERS AT THE BACK. SO IS THIS TWO SEPARATE UNITS? SO IT WOULD BE TWO RENTAL PROPERTIES? NO, SIR. IT'S ONE HOUSE, FIVE BEDROOM, THREE AND A HALF BATHROOMS, TWO 40 GALLON, UH, WATER HEATERS. THAT'S WHAT I THOUGHT. OKAY. THANK YOU. ENOUGH FOR HOT WATER THROUGHOUT THE HOUSE. AND REAL QUICK, UM, FOUR 17 MONTANA IS NOT ON THE, UH, REVOCATION LIST. OKAY. SO THERE YOU GO. IS THERE ANY, UH, COMMISSIONER QUESTIONS FURTHER [03:25:01] FOR THE APPLICANT? I WOULD JUST, I MEAN, WE, WE HEARD NO, THERE WOULD'VE BEEN A, A, UM, NOTIFICATION PROCESS RIGHT, FOR THIS, UM, MOTION. AND WE, DID WE SEE ANY, UM, ANY COMMUNITY INPUT OPPOSITION FOR NO, NO, WE, WE DIDN'T RECEIVE ANYTHING BACK. THERE WAS NOTIFICATION SENT OUT, BUT WE HAVEN'T GOTTEN ANYTHING BACK OTHER THAN THE ONE IN FAVOR. AND THE APPRO IN FAVOR? YEP. OKAY. AND NO ONE SIGNED UP TO SPEAK? NO PUBLIC COMMENT COMMENTARY. IT'S NO PUBLIC COMMENT. ALL RIGHT. UH, ANY OTHER QUESTIONS FURTHER? ALRIGHT, HEARING NONE. THANK YOU VERY MUCH, SIR. SIR, UH, SIR, WE'RE GONNA DELIVER RIGHT NOW. I'M LOOKING FOR A MOTION. I'LL TAKE ZUNA. COMMISSIONER ZUNA, REGARDING CASE NUMBER BO EIGHT DASH 22 DASH 0 3 2 54. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO SHORT-TERM RENTAL UNIT SITUATED AT 4 0 3 MONTANA STREET, APPLICANT BEING, UH, MARI REAL ESTATE INVESTMENT L L C. BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE DETERMINE SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. UH, SPECIFICALLY WE FIND THAT A, THE SPEC SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY. THE BOARD FINDS THAT THE REQUEST TO OPERATE AN ADDITIONAL SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH SAFETY OF WELFARE. THERE IS NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY. B, THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE. THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE A PUBLIC NUISANCE WOULD BE CREATED IF AN, IF AN ADDITIONAL SHORT-TERM RENTAL PERMIT WAS APPROVED. C THE NEIGHBORING PROPERTY WILL NOT SUBSTANTIALLY, UH, BE INJURED BY SUCH PROPOSED USE. THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY STRUCTURES. THIS UNIQUE SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WAS SUBSTANTIALLY INJURED NEIGHBORING PROPERTY AS A TYPE TWO SHORT-TERM RENTAL. D ADEQUATE UTILITIES ACCESS, ROAD STORM, DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY, UH, FACILITIES HAVE BEEN, ARE BEING PROVIDED. UH, THE SUBJECT PROPERTY PROVIDES ALL STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE. E THE APPLICANT OR OWNER OF THIS SPECIAL EXCEPTION DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES, CONFIRMED CITATIONS OR ADJUDICATED OFFENSES, CONVICTIONS, OR VIOLATION OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITHIN ONE PRIOR YEAR TO DATE OF THE APPLICATION. THE APPLICANT DOES NOT HAVE ANY HISTORY OF REVOCATION, CITATIONS, OR CONVICTIONS FOR VIOLATIONS OF CHAPTER 16 AND F THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION, WHICH THE PROPERTY FOR WHICH A SPECIAL EXCEPTION IS SOUGHT. SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO RESIDENTIAL USES OF VARYING INTENSITY WITH THE PROPERTY OWNER PROVIDING OFF STREET PARKING AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY. UH, THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE ESSENTIAL CARE OF THE DISTRICT IN WHICH LOCATION IN WHICH THE PROPERTY IS SEEKING A SPECIAL EXCEPTION AND A MOTION. SECOND. SECOND BY COMMISSIONER AMANDA, AMANDA, COMMISSIONER UNA. YEAH, SO I WILL BE SUPPORTING THE MOTION. I THINK THE PROXIMITY OF THE PROPERTY TO THE DOWNTOWN CONVENTION, UM, IS, IS, UH, VERY FAVORABLE AND SOUGHT AFTER. I THINK THE HISTORIC DESIGNATION BY THE CITY, UM, UH, ADDS A ENHANCEMENT TO SOMEBODY SEEKING AN AIR AIRBNB. UH, WE SAW NO OPPOSITION FROM THE ADJOINING PROPERTY OWNERS THAT WOULD BE MOST AFFECTED. UM, I KNOW THAT THERE'S PLENTY OF OFFSITE PARKING TO THE REAR OF THE PROPERTY. THERE'S AN OPEN, UM, ALMOST LIKE AN OPEN YARD PARKING FOR, UH, FOR OFF STREET PARKING. I THINK THAT THE APPLICANT HAS DONE A WONDERFUL JOB OF, OF, UH, RENOVATING, MAINTAINING IT. HE'S GOT A SIGNIFICANT INVESTMENT THAT HE, UM, UH, PROVIDED TESTIMONY OF OVER 38,000 PLUS TAXES THAT HE'S, THAT HE'S, UM, UH, YOU KNOW, INVESTED IN. IT'S AN ANNUAL HOLDING COST FOR THE PROPERTY, ALTHOUGH WE'RE NOT NECESSARILY, UH, TAKING INTO CONSIDERATION THE FINANCIAL BURDEN OF IT. IT IS A BURDEN TO HIM. AND I THINK THE AIRBNB PATH FOR HIM IS, IS NOT ONLY A WIN FOR THE CITY, UH, A WIN FOR THE AIRBNB TENANTS, BUT THEN IT PROVIDES A, AN ECONOMICAL WAY FOR THE APPLICANT TO CONTINUE OPERATING THE PROPERTY AND KEEP IT MAINTAINED IN THE CONDITION THAT IT'S IN. SO I'M SUPPORT OF THE MOTION. ALRIGHT, COMMISSIONER MANNA. SO, UM, I I WILL BE VOTING IN FAVOR. THIS, I I DO NOT AGREE WITH THE FIRST POSITION YOU HAD WITH REGARDS TO THE LOCATION, YOU KNOW, JUST SIMPLY BECAUSE I THINK THERE'S LOTS OF OTHER OPPORTUNITIES, UH, FROM, UM, FOR, UM, SHORT-TERM RENTALS. SO, SO I, SO I DON'T NECESSARILY AGREE WITH THE FIRST POSITION, BUT I THINK THE SUBSEQUENT POSITIONS, I THINK, UM, YOU KNOW, WERE, WERE RELEVANT TO ME, YOU KNOW, THIS IS UNIQUE BECAUSE AS KIND OF THE FIRST STRUCTURE WE TALKED ABOUT FROM A HISTORICAL PERSPECTIVE. AND SO I, I GUESS I WOULD NEED TO READ FURTHER WITH REGARDS TO ALL THE DETAILS ON THAT TO HAVE A BETTER UNDERSTANDING FOR. BUT FROM THE CURSORY OVERVIEW THAT I GOT FROM THIS BOARD HERE AND FROM THE DIALOGUE THAT WE HAD FROM THE CITY, UH, IT DOES LOOK LIKE, FROM MY PERSPECTIVE, IT DOES QUALIFY. SO I'LL BE VOTING IN FAVOR. ALL RIGHT, THANK YOU. ANY OTHER COMMISSIONERS? UM, ALL RIGHT. AND I'LL BE VOTING IN FAVOR OF THIS, UH, BECAUSE THIS IS COMPLETELY DIFFERENT. I MEAN, NORMALLY WE HAVE TO LOOK AT, UH, HOW IT AFFECTS YOUR NEIGHBORS, HOW IT AFFECTS TRAFFIC, HOW IT AFFECTS, UH, UM, THE, THE RESIDENTIAL CHARACTER. NONE OF THOSE THREE TESTS THAT WE TYPICALLY LOOK AT ARE EVEN APPLICABLE IN YOUR, IN YOUR CASE, THE SOLE TEST IS WHETHER OR NOT THIS HISTORIC LANDMARK IS OF A VALUABLE ADDITION TO THE QUALITY CHARACTER OF THE CITY. THERE'S SO FEW IN THE AREA. AND SO I'M, I'M, I DON'T SEE AN ISSUE OF SUPPORTING THIS. [03:30:01] UM, WE'LL JUST HAVE A ROLL CALL, VOTE PLEASE. MR. OZUNA? YES, I CONCUR. MR. MANA. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I DO NOT CONCUR WITH THE FINDINGS OF FACT, MR. MINKA. I DO NOT CONCUR. MS. LYNN. I DO NOT CONCUR. MS. CRUZ. UM, I DO NOT CONCUR, MR. ZUNIGA. I DON'T. DR. , MS. KAPLAN, I'D LIKE TO PASS. OKAY. OKAY. DID YOU HEAR ME? YES. YES, YES MA'AM. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND, AND I CONCUR WITH THE FINDINGS OF FACT. UM, MOTION FAILS. IT'S A FOUR TO FIVE, UH, FOUR YAYS, FIVE AGAINST, AND ONE AB ONE ABSTAIN. UH, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF, YOU KNOW, AS A HAIL MARY, YOU CAN GET YOUR ADDRESS CHANGED TO, UH, MESQUITE STREET, AND THEN YOU'D BE THE ONLY ONE ON THE BLOCK FACE. AND NO, I THOUGHT OF THAT. HATE TO SAY THAT TO YOU, BUT I, I THOUGHT OF THAT, BUT NO, NO, SIR. I'M JUST, I'LL TAKE THE LOSS. I MEAN, THAT, THAT'S WHAT IT IS. SO THANK YOU FOR YOUR TIME. OKAY. AND, UH, THANK YOU. YES, SIR. MM-HMM. . ALL RIGHT. ITEM 13. I KNOW, BUT I MEAN, WHEN YOU LOOK AT THIS THING, ALL THE THINGS THAT WE'RE SUPPOSED TO, WE CAN'T USE ANY OF THAT. RIGHT? ITEM 13, BO 8 2 2 1 0 3 0 0, UH, RECORD COULD SHOW. YEAH, LET'S TAKE A, I'M SORRY, LET'S, WE'RE GONNA TAKE A THREE MINUTE BREAK AND CHAIR, JUST SO YOU KNOW, SHE STEPPED OUT OF FROM HEARING THIS CASE. WELL, WE'RE, YEAH, WE'RE TAKING A BREAK. YEAH. WE'LL RECONVENE IN THREE MINUTES. OKAY. I'M CALLING THE MEETING BACK TO ORDER. IT'S 4 51. WE'RE GONNA HEAR ITEM 13. I DIDN'T KNOW IF SHE ACCUSED. I KNOW I WOULD'VE CALLED THIS A ORDER BEFORE ITEM 13, BOA 2 2 1 0 3 0 0 2 5 5. ADDRESS IS 3 3 7 MADISON STREET IN CITY COUNCIL. DISTRICT ONE APPLICANT BEING NATHAN MANFRED. A REQUEST FOR A ONE FOUR FOOT 11 VARIANT FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN EXISTING STRUCTURE TO BE ONE INCH FROM THE SIDE PROPERTY LINE AND A NEW STRUCTURE WITH A FIVE FOOT TWO INCH WIDTH TO BE THREE FOOT SIX INCHES FROM THE SIDE PROPERTY. LINE. TWO, A FOUR INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN ACCESSORY STRUCTURE BE FOUR FOOT EIGHT INCHES FROM THE SIDE PROPERTY LINE. AND THREE, A REQUEST FOR A FIVE FOOT SEVEN VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE FOUR FOOT FIVE INCHES FROM THE FRONT PROPERTY LINE. THE CURRENT ZONING IS RM FOUR. OKAY. THE SUBJECT PROPERTY'S LOCATED ALONG MADISON STREET, NEAR SOUTH ALAMO STREET. THE APPLICANT IS PROPOSING TO CONSTRUCT AN ATTACHED STRUCTURE THAT ENCROACHES IN INTO THE SIDE SETBACK. THE ANTICIPATED DISTANCE WOULD BE THREE FOOT SIX INCHES FROM THE SIDE PROPERTY LINE UPON SITE VISITS. STAFF OBSERVED EXISTING STRUCTURES THAT ENCROACH INTO THE SIDE AND FRONT SETBACKS THE EXISTING STRUCTURES THAT INTRUDE INTO THE SIDE. SETBACKS ARE CURRENTLY ONE INCH AND FOUR FOOT EIGHT INCHES FROM THE PROPERTY LINE. ADDITIONALLY, THE EXISTING STRUCTURE THAT ENCROACHES INTO THE FRONT STEP BACK IS CURRENTLY FOUR FOOT FIVE INCHES FROM THE FRONT PROPERTY LINE STRUCTURES ARE REQUIRED TO TO BE FIVE FEET FROM THE SIDE PROPERTY LINE AND 10 FEET FROM THE FRONT PROPERTY LINE. ANYTIME A NEW CONSTRUCTION NEEDS A VARI, IT IS REQUIRED THAT EXISTING STRUCTURES OBTAIN ONE TWO. THE APPLICANT HAS ALSO OBTAINED AN ACTION LETTER FROM THE HISTORIC AND DESIGN REVIEW COMMISSION AND A SUPPORT LETTER FROM THE KING WILLIAM ASSOCIA ASSOCIATION ARCHITECTURAL ADVISORY COMMITTEE. AND HERE'S THE SITE PLAN, THE SUBJECT PROPERTY, THE LOCATION OF THE PROPOSED STRUCTURE WITH EXISTING STRUCTURE IN THE DISTANCE. AND HERE'S AN ALTERNATE VIEW AND THE EXISTING ACCESSORY STRUCTURE IN THE REAR AND THE EXISTING STRUCTURE IN THE FRONT, AND THEN THE SURROUNDING AREA. STAFF RECOMMENDATIONS SIDE AND FRONT SETBACK VARIANCE STAFF RECOMMENDS APPROVAL IN BO A 2 2 1 0 3 0 0 2 5 5 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE EXISTING STRUCTURES DISTANCES PROVIDE ADEQUATE SPACING BETWEEN ADJACENT PROPERTIES. TWO, THE NARROW LOT THAT THE SUBJECT PROPERTIES ARE LOCATED WITHIN PREVENTS THE APPLICANT FROM BUILDING A SIZABLE STRUCTURE. AND LASTLY, THREE. THE NEW STRUCTURE IS ANTICIPATED TO BE FIVE FOOT TWO INCHES [03:35:01] IN WIDTH AND TO BE THREE FOOT SIX INCHES FROM THE SIDE PROPERTY LINE, WHICH OBSERVES THE SPIRIT OF THE ORDINANCE. AND HERE IS THE NOTIFICATION PLAN. STAFF MAILED 85 NOTICES. UH, ONE RETURNED IN FAVOR, ZERO IN OPPOSITION, AND THEN NO RESPONSE FROM THE KING WILLIAM NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF PRESENTATION AND THE APPLICANT IS PRESENT. SO THE ONLY NEW STRUCTURE IS THAT SLIGHT LITTLE OVERHANG OUT THAT DOORWAY. YES, SIR. ALRIGHT, LET'S HEAR FROM THE APPLICANT. GOOD AFTERNOON BOARD. I'M NATHAN MANFRED WITH FRIENDS IN MICHIGAN, AND I'M HERE TO DISCUSS OUR ELEVATOR ADDITION TO THE HOUSE AT 3 3 7 MADISON, EXCUSE ME. UM, THE HOMEOWNER AND SPOUSE CURRENTLY ARE HAVING SOME MOBILITY ISSUES. AND SO AFTER AN ASSESSMENT OF THE STRUCTURE BEING A STONE, SOLID STONE AND WOOD FRAMED HOUSE AND LOOKING AT THE INTERIOR OF THE PLANS, A LOT OF THE INTERIOR WALLS ARE ALSO SOLID STONE. SO WE CAME TO THE CONCLUSION THAT THE BEST AND LEAST INTERVENTIONIST APPROACH TO AN ELEVATOR WOULD BE TO DO IT ON THAT SIDE OF THE HOUSE THAT WE HAVE DESIGNATED IN THE SITE PLAN. IT'S GONNA BE A RESIDENTIAL ELEVATOR, SO THE FOOTPRINT IS ABOUT MAYBE A LITTLE MORE THAN FIVE BY FIVE, AND THAT STILL LEAVES US THREE, THREE AND A HALF FEET FROM THAT SIDE PROPERTY LINE. IT WON'T IMPACT THE FRONT OR REAR PROPERTY LINES IN ANY WAY FROM THAT POINT. UM, TOOK IT THROUGH H D R C. WE GOT A LETTER FROM KING WILLIAM ARCHITECTURAL REVIEW BOARD THAT SUPPORTED THE PROJECT. AND H D R C UL ULTIMATELY ALSO FOUND AN APPROVAL OF THE PROJECT WITH STU. TWO STIPULATIONS THAT WILL MEET, HAVING TO DO WITH ENGINEERING AND RETAINING EXISTING MATERIALS THAT ARE REMOVED ON SITE FOR FUTURE REINSTALLATION IF SOMEBODY CHOOSES TO EVENTUALLY TAKE THE ELEVATOR OUT AND THEN RESTORE THE STONE FROM THOSE WALLS. OKAY. UM, STAFF, UH, ITEM NUMBER THREE IN THE AGENDA. UM, I'M SORRY, ON THE, ON THE CALL IS, IS FOR A, A, A STRUCTURE TO BE FOUR AND A HALF FROM THE FRONT, FOUR FEET, FIVE INCH FROM THE FRONT. THAT'S AN EXISTING STRUCTURE OF THE PORCH. YES. OKAY. ALRIGHT. THANK YOU. IS, IS THERE ANY QUESTIONS FOR THE APPLICANT? CRUZ, MR. CRUZ? UM, YOU'RE SAYING IT'S GONNA BE AN ELEVATOR, SO IT'S ATTACHED TO THE HOUSE, BUT IT'S STILL BE THROUGH THE OUTSIDE. YEAH, SO BECAUSE WE ASSESS THE HOUSE, IT'S ALL HISTORIC, HISTORIC WOOD, RIGHT. INTERIOR STONE WALLS. AND TO PUT AN ELEVATOR INSIDE THE HOUSE WOULD REALLY DISRUPT THE FLOW AND THE PLAN OF THE EXISTING HOUSE. SO THE IDEA WAS BASICALLY TO ATTACH IT TO THE SIDE OF THE HOUSE. THERE'S TWO EXISTING WINDOWS MM-HMM. , UM, ACTUALLY THE WINDOWS WILL, WILL REMAIN INTACT. WE'RE GONNA CUT DELICATELY, CUT THE STONE OFF THE SIDE OF THE HOUSE, REMOVE, HAVE THAT REMOVED BY, YOU KNOW, A GOOD GENERAL CONTRACTOR, AND THEY'LL STORE THAT STONE IN THE BACK OF THE PROPERTY IN CASE IT EVER NEEDS TO BE RECONSTITUTED. BUT ULTIMATELY, YES, THE, IT'S A SIDE ATTACHED, UM, ELEVATOR. IT'LL BE COMPLETELY ENCASED IN WOOD, UH, SIDING, UH, BOARD AND BATTEN TO KIND OF MATCH THE EXISTING GARAGE STRUCTURE IN THE BACK. SO THE DESIGN SHOULD BE IN CHARACTER WITH THE REST OF THE HOUSE. OKAY. SO IT'S JUST BEING BUILT JUST BIG ENOUGH TO FIT ON THE SIDE OF THE PROPERTY AND STILL ADD SOMETHING TO THE HOME? YEAH, IT'LL BE, SO THEY CAN BE THE SMALLEST RESIDENTIAL ELEVATOR WE COULD GET THAT STILL, LIKE CAN INCA, YOU KNOW, DEAL WITH ACCESSIBILITY ISSUES IN TERMS OF SOMEBODY IN A WHEELCHAIR GETTING INTO THE CAB. OKAY. AND GOING OUT IF, I MEAN, RIGHT NOW WHEELCHAIRS AREN'T PART OF THE EQUATION, BUT THEY MAY BE AND THEY'RE NOT TOO DISTANT FUTURE. THERE ARE MOBILITY ISSUES AT THE MOMENT. YEAH. WELL, ALL THAT AREA IS MOBILITY ISSUES. YEAH. AND THERE'S NO HOMES. YEAH. WITH FIRST FLOOR , MASTER BEDROOMS, . THAT IS CORRECT. OKAY. THANK YOU. ALL RIGHT. ANY OTHER QUESTIONS? MIN CHAKA, COMMISSIONER MIN CHAKA, UH, SIR, IN TERMS OF THE AESTHETICS OF PUTTING IN ON THAT SIDE, ON THE, IT LOOKS LIKE THE SOUTH SIDE OF THE HOUSE, I WAS LOOKING AT THE REAR OF THE HOUSE, AND WOULD IT DESTROY TOO MUCH OF THE INTEGRITY OF THE TOP, UH, PORCH TO GO THROUGH THOSE TWO WINDOWS AT THE BOTTOM AND AT THE TOP? YEAH, THE, WE'VE, WE ALSO HAVE PICTURES. UM, THERE WAS A HISTORIC PORCH THERE AND WE JUST FELT, AGAIN, THAT WOULD BE TWO INTERVENTIONISTS TO, I'M, I'M NOT SAYING THAT THE PORCH IS ON THERE NOW IS HISTORIC, BUT I BELIEVE THAT THE PORCH WAS REBUILT SEVERAL YEARS AGO TO, AND I'M THINKING THIS WAS REBUILT IN THE SIXTIES AS CLOSE AS POSSIBLE TO HISTORIC STYLE. AND SO WE JUST FELT, AGAIN, THE LEAST INTERVENTIONIST WAY TO HAVE A, YOU KNOW, SOMETHING THAT WOULD GO FROM AN INTERIOR CONDITION SPACE TO INTERIOR CONDITION SPACE AS OPPOSED TO HAVING TO GO OUTSIDE TO A LIFT OR SOMETHING THAT, YEAH, I, YOU KNOW, IT'S A LITTLE CONTROVERSIAL, BUT THAT'S WHY OBVIOUSLY WE HAD TO TAKE IT THROUGH H D R C. THANK YOU FOR EXPLAIN EVERYBODY ON BOARD FOR THAT. ANY OTHER QUESTIONS? ALL RIGHT. WITH THAT, I'M LOOKING FOR A MOTION BRAGMAN COMMISSIONER BRAGMAN, [03:40:02] REGARDING CASE NUMBER B O A DASH 22 DASH 0 3 0 2 55. I'M MOVE THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN EXISTING STRUCTURE TO BE ONE INCH FROM THE SIDE PROPERTY LINE AND A NEW STRUCTURE WITH FIVE FOOT TWO INCH WIDTH TO BE THREE FOOT SIX INCHES FROM THE SIDE PROPERTY. LINE TWO, A FOUR INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN ACCESSORY STRUCTURE TO BE FOUR FOOT EIGHT INCHES FROM THE SIDE PROPERTY LINE. AND THREE, A REQUEST FOR A FIVE FOOT SEVEN FOOT IN VARIANCE FROM THE MINIMUM 10 FOOT SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE FOUR FOOT FIVE INCHES FROM THE FRONT PROPERTY LINE SITUATED AT 3 3 7 MADISON STREET. APPLICANT BEING NATHAN MANFRED BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. STAFF FINDS THAT A FOUR FOOT, 11 INCH VARIANCE TO ALLOW AN EXISTING STRUCTURE TO BE ONE INCH FROM THE SIDE PROPERTY LINE AND A NEW STRUCTURE WITH A FIVE FOOT TWO INCH WIDTH TO BE THREE FOOT SIX INCHES FROM THE SIDE PROPERTY LINE, UH, A FOUR INCH TO ALLOW AN ACCESSORY STRUCTURE TO BE FOUR FOOT EIGHT INCHES FROM THE SIDE PROPERTY LINE. AND A REQUEST FOR A FIVE FOOT SEVEN INCH VARIANCE TO ALLOW A STRUCTURE TO BE FOUR FOOT FIVE INCHES FROM THE SIDE PROPERTY LINE ARE NOT CONTRARY TO THE PUBLIC INTEREST AT THOSE DISTANCES PROVIDE ADEQUATE SPACING BETWEEN ADJACENT PROPERTIES DUE TO SPECIAL CONDITIONS. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN APPLICANT ALTERING THE EXISTING AND NEW STRUCTURE, FIVE FOOT AND 10 FOOT FROM THE SIDE FRONT PROPERTY, LINE SIDE, AND FRONT PROPERTY LINE, WHICH WOULD RESULT IN AN UNNECESSARY HARDSHIP AS EXISTING STRUCTURE ARE NON-CONFORMING AND WILL PREVENT THE APPLICANT FROM CONSTRUCTING A NEW STRUCTURE THAT IS SIZABLE. 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 EXISTING STRUCTURES IN THEIR CURRENT PLACE WILL PROVIDE A DECENT AMOUNT OF DISTANCE BETWEEN ADJACENT PROPERTIES. ADDITIONALLY, THE NEW STRUCTURES ANTICIPATED TO BE FIVE FOOT TWO INCHES IN WIDTH AND TO BE THREE SIX FROM THE SIDE PROPERTY LINE, WHICH OBSERVES THE SPIRIT OF THE ORDINANCE. 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 IT BE ALLOWED WITH THIS VARIANCE, SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE EXISTING STRUCTURE WILL MAINTAIN ONE INCH FROM THE SIDE PROPERTY LINE AND FOUR FOOT FIVE INCHES FROM THE FRONT PROPERTY LINE, FRONT PROPERTY FROM THE SIDE PROPERTY LINE, WHICH IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS OTHER NARROW LOTS ARE FOUND IN THE IMMEDIATE AREA. ADDITIONALLY, THIS NARRATIVE WILL PREVENT APPLICANT FROM CONSTRUCTING A DECENT SIZED STRUCTURE. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR VARIANCES SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY 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 PROPERTY, SUCH AS THE SUBJECT PROPERTY BEING SITUATED ON NEAR A LOT. THE CIRCUMSTANCES WERE ARE DO NOT APPEAR TO BE ME MERELY FINANCIAL. END OF MOTION. SECOND. SECOND BY COMMISSIONER CRUZ. COMMISSIONER BRAGMAN. UH, YEAH, I'LL BE IN SUPPORT OF THIS MOTION. IT SEEMS LIKE A VERY MINOR VARIANCE TO REQUEST GIVEN, UH, THE SETUP AND, AND THE NATURE OF THE LOT. SO I'LL BE IN SUPPORT. COMMISSIONER CRUZ. UM, I CONCUR WITH THAT. I I DON'T SEE A PROBLEM WITH IT. UH, AND I THINK IT'S GONNA BE NICE ENOUGH TO, UH, STEAL ADD VALUE TO THE HOME. THANK YOU. ANYONE ELSE LIKE TO ADD THAT HEARING? UNANIM? HAVE A ROLL CALL. VOTE MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. MR. SPIELMAN. I CONCUR. MR. MENCHACA. I CONCUR. MS. LIN. MR. ZUNIGA? I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MR. UNA. I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES NINE TO ZERO. ALRIGHT, THANK YOU ALL. THANK YOU. GOTTA ASK HIM IF YOU SOMEONE COULD GET COMMISSIONER LYNN BACK IN. DID YOU WANT NUMBER 17? NEXT, SIR? UH, I THINK WE CAN TRY TO KNOCK OUT, UH, SHOOT, LET'S TRY TO DO A BEEFY ONE. [03:45:01] UH, AND WHAT THE HECK, JUST TWO 17. GO AHEAD. THE 17, THAT'S RICHARD, UM, B O A 2 2 1 0 3 0 2 5 9. LOCATED AT 4 3 5 SOUTH TON DRIVE IN COUNCIL DISTRICT NUMBER FOUR, APPLICANT BEING LOUIS MARTIN. UM, REQUEST FOR A 140 FOOT VARIANCE FROM THE MINIMUM 200 FOOT DISTANCE REQUIREMENT TO ALLOW AN, UH, AN ANTENNA STRUCTURE TO BE 60 FEET FROM A RESIDENTIAL ZONED DISTRICT. UM, THE CURRENT ZONING IS C TWO, UM, COMMERCIAL. UH, THERE YOU GO. UM, FOR, SO FOR THE SUMMARY OF THE CASE, UM, THE SUBJECT PROPERTY IS CURRENTLY A SPLIT ZONED LOT. UM, THE LOT WHERE THE ANTENNA IS PROPOSED IS CURRENTLY C TWO COMMERCIAL DISTRICT WITH THE CHURCH. UM, SOUTH OF THE CHURCH IS A PARKING LOT THAT IS CURRENTLY ZONED R SIX RESIDENTIAL DISTRICT, UM, PER SECTION 35 DASH 3 85 D TWO STATES, UH, ANTENNA SUPPORT STRUCTURES IN NON RESIDENTIAL DISTRICTS SHALL BE SPACED 200 FEET FROM ALL RESIDENTIAL ZONING DISTRICTS. UH, TRUE VINE BAPTIST CHURCH IS ALSO THE OWNER OF THE PARKING LOT TO THE SOUTH. UM, THAT IS A CURRENT PICTURE OF THE SITE PLAN, KIND OF SHOWING THAT THE HIGHLIGHTED AREA OF WHERE THE ANTENNA'S GONNA BE, UM, UM, BUILT ON THE TOP LEFT AREA OF THE SITE PLAN. UH, THAT IS THE SUBJECT PROPERTY ITSELF. UH, THE REST OF THE SLIDES ARE GONNA BE THE SURROUNDING AREAS OF THE SUBJECT PROPERTY, WHICH IS ALL A PARKING LOT. UM, ANTENNA SUPPORT, MINIMUM DISTANCE VARIANCE. UM, STAFF RECOMMENDS APPROVAL IN BO O A 2 2 1 0 3 0 2 5 9 BASED ON THE FOLLOWING FINDINGS OF FACT, UH, THE REQUEST DOES NOT APPEAR TO OUT OF CHARACTER OF THE AREA AND THERE IS REASONABLE SPACE BETWEEN THE INTENT SUPPORT STRUCTURE AND RESIDENTIAL ZONED DISTRICT. UH, THERE WERE 52 NOTICES SENT OUT. THERE WERE TWO IN FAVOR. THERE WASN'T ANY IN OPPOSITION AND THERE WASN'T ANY RESPONSE FROM THE HERITAGE HOMEOWNERS ASSOCIATION. UH, THAT CONCLUDES STAFF PRESENTATION AND THE APPLICANT IS PRESENT. ALRIGHT? YES, UH, PLEASE COME FORWARD AND STATE YOUR NAME. TELL US ABOUT YOUR CASE. YES. HI, MY NAME'S LUIS MARTIN. THANK YOU FOR HEARING THIS TODAY. I APPRECIATE YOUR TIME IN THIS MATTER. UM, REPRESENTING VERIZON WIRELESS IN THIS ENDEAVOR. SO I HAVE A PRESENTATION HERE THAT I DON'T KNOW IF YOU HAVE THIS. OKAY. IT'S A P D F. I DON'T KNOW IF YOU, WHILE THEY'RE TRYING TO PULL THAT UP, I'LL UH, SAY A LITTLE BIT ABOUT THE CASE. SO VERIZON WIRELESS IS SEARCHING FOR A LOCATION TO TRY TO PUT THIS, UH, THIS WAS THIS LOCATION. THIS CHURCH IS, IS RATHER LARGE. IT'S TWO DIFFERENT PARCELS. IT'S LIKE FOREIGN CHANGE ACRES ON ONE SIDE AND ABOUT FIVE AND CHANGE ON ANOTHER. UM, OKAY, THERE YOU GO. YOU CAN GO TO THE FIRST PAGE AFTER THAT. SO THIS IS WHERE WE LOCATED THE BLUE.IS WHERE THE TOWER ROUGHLY IS GONNA GO. AND THEY CAN, WE HAVE IT ON THE COMPUTER. YOU CAN USE THE POINTER. THERE'S A LASER POINTER. OH SURE. OH, THANK YOU. IT'S NICE. SO THIS IS ONE LOT THEY OWN RIGHT HERE. THEY ALSO OWN THIS LOT RIGHT HERE. AND WHAT IT APPEARS IS IT WAS SPLIT THAT THEY WANTED ANYTHING COMMERCIAL TO BE UP ON THE FRONT. HERE'S THEIR LIKE FACILITIES OFFICE WHERE THEY HAVE, BUT ALL OF THIS OUT HERE IS JUST OPEN PARKING LOT. AND SO THEY HAVE ALL THIS, I HAVE MEASUREMENTS ON A SUBSEQUENT SLIDE THAT'LL SHOW YOU THE DISTANCES FROM EVERYTHING. BUT WE DID, WE LOOKED AT THIS, WE LOOKED AT THE ZONING. UH, WE DID NOT, WE KEPT IT AS FAR AWAY AS WE COULD FROM ALL THIS RESIDENTIAL. THERE'S NO OTHER PLACE ON THE PROPERTY THAT YOU CAN REALLY PUT IT. UH, OVER HERE THEY'RE USING THIS AREA, THERE'S TREES AND WE DON'T WANNA TAKE DOWN ANY TREES OVER HERE. SO THERE'S AN ABANDONED OLD DRIVEWAY THAT, UH, HE EXPLAINED THEY SHUT IT AND NO ONE USES THAT. SO WE TUCKED IT UP UNDER HERE. THAT WAS THE CHURCH'S RECOMMENDATION. AND WE ALSO FELT THAT IN, UM, ADHERING TO THE SPIRIT OF THE CODE, YOU WANNA TRY TO STAY 200 FEET AWAY FROM ANY RESIDENTIAL ZONE PARCELS. WELL, THIS IS THEIR OWN PARCEL HERE THAT THEY'RE JUST USING FOR PARKING LOTS AND THE DISTANCE ALL THE WAY DOWN TO ALL THESE PARCELS. IF YOU FLIP IT, THAT'S THE, THAT'S THE SITE RIGHT HERE WHERE WE'RE TRYING TO GO. WE'RE STAYING IN THIS COMMERCIAL AREA. NEXT SLIDE PLEASE. THAT'S ANOTHER, THAT'S THE PARCEL MAP SHOWING UP ON THE TOP OF IT. THEY ALSO OWN THIS PARCEL AND THIS PARCEL. UH, NEXT SLIDE PLEASE. UM, THIS ONE'S IRRELEVANT RIGHT NOW. YOU CAN SLIP TO THE NEXT ONE. I'M GONNA GO TO THE ONE WITH THE DISTANCES. SO THERE'S A ZOOMED IN ON THE BACK PARKING LOT RIGHT HERE. EXCUSE ME. BACK ABANDONED DRIVEWAY. IT'S ALL CONCRETE. AND SO THERE'S TREES OVER HERE, WHICH WE DIDN'T WANT TO IMPACT AT ALL. [03:50:01] WE DIDN'T WANNA PUT IT TOO CLOSE TO THESE BUILDINGS. SO WE TUCKED IT UP, KIND OF NESTLED IT BACK OFF IN THERE. NEXT SLIDE PLEASE. SO WHAT WE DID IS WE MEASURED, UH, THE DISTANCES, EVEN THOUGH IT, IT DOES GO INTO THIS R SIX, UM, THAT NUMBER IS LIKE, WHAT'S, CAN YOU READ THAT NUMBER GENTLEMAN? THE NUMBER IS THAT 3 82 MM-HMM. . SO IT'S WELL OVER 200 FEET AWAY FROM THE HOUSES HERE. 500 PLUS FEET TO THE NEAREST CLOSEST RESIDENTIAL PARCEL TO THE EAST. AND THEN ALMOST 1200 FEET TO THE NEAREST RESIDENTIAL PARCEL TO THE WEST. AND EVERYTHING TO THE NORTH IS ALL COMMERCIAL. AGAIN, THERE'S THE ZONING OF THE, UH, OF THE PARCEL HERE TOO, UH, SHOWING WHERE TO BE. UM, SO IN SUMMARY, UM, WE TRY TO PUT THIS IN A LOCATION THAT WOULD BE AS FAR AWAY FROM ANY KIND OF RESIDENTIAL LEASE ZONED AND RESIDENTIAL USED PARCELS. UH, WE'VE BEEN LOOKING FOR TWO YEARS. WE'RE TRYING TO FIND SOMETHING. UH, THE CHURCH CAME TO US ABOUT 18 MONTHS AGO IN TALKING WITH THEM AND THEY SAID, WE THINK THIS IS SOMETHING WE'D BE INTERESTED IN. IT'S GOOD FOR THEM, IT'S GOOD FOR THE COMMUNITY. UH, I CAN'T FIND ANOTHER PARCEL THAT WOULD BE THAT FAR AWAY FROM RESIDENTIAL ON ALL THREE SIDES. I MEAN, IT, IT COMPLETELY BLOWS AWAY THE 200 FOOT THRESHOLD YEAH. THAT THE, THE CODE ASKED FOR. AND SO HOW TALL IS THIS? UH, EXCUSE ME, MR. CHAIR. HOW TALL IS THE ANTENNA ? CALL IT TT OR SOMETHING SO WE CAN SEE IT AND SHE CAN SEE IT, MR. KAPLAN? WELL IT'S, IT'S RIGHT HERE IN FRONT OF THE, WE'RE GETTING IT FROM THE ROOM CAMERA, SO THAT'S WHY YOU'RE SEEING IT ON THE SCREEN. SO WE'RE GONNA WORK ON GETTING MS. KAPLAN A PICTURE TOO. HOW TALL IS THE ANTENNA? UH, IT'S, IT'S ON THE, IT'S OH, TRYING DOES IT HAVE IT ON OUR DRAWINGS THERE? DO YOU HAVE THE, THE DRAWINGS AND THE APPLICATION THAT WE SENT OVER TO YOU? THAT EXACT NUMBER? YOU CAN APPROXIMATE IT. I, IT'S, I MEAN I FEEL BAD. I DON'T KNOW THAT EXACT. IT'S LIKE A HUNDRED AND A HUNDRED AND I COULD PULL IT UP 105, SOMETHING LIKE THAT. OKAY, SO IT'S NOT ROUGHLY, IT'S NOWHERE NEAR 200 FEET. IT'S, IT'S, IT'S ONE OF THE SMALLEST ONES WE NEED. IT'S, IT'S REALLY A CAPACITY IN FILL SITE TOO. WE HAVE SOME OF THE PEOPLE THERE HAVE SERVICE, BUT THE PROBLEM IS THOSE FOUR TIMES A DAY, SUPER EARLY MORNING, PRE-LAUNCH, POST-LUNCH, AND THEN GOING HOME, THOSE PEOPLE DON'T HAVE SERVICE. 'CAUSE THE ADJACENT CELL SITES TRAFFIC ARE, ARE, THEY'RE USING ALL THE ADJACENT CELL SITES AND THERE'S NOTHING DEDICATED FOR THIS AREA AND THESE CONSTITUENTS. SO WHEN WE PUT SOMETHING THERE THAT'S GONNA BE DEDICATED FOR THEM DURING THOSE HIGH PEAK TIMES OR FOR PEOPLE WHO WORK AT HOME. AND SO THAT'S THE BENEFIT OF IT AS WELL. ADDITIONALLY, I WANNA POINT OUT THAT WE HAVE ENOUGH SPACE AT THE BASE. 'CAUSE WE PUT AT THE CONCRETE, SHOULD ANOTHER CARRIER COME IN, SAY AT AND T OR SOMEBODY ELSE WANT TO USE IT, THEY CAN GO ON THIS TOWER TOO AND THEY WOULD NOT HAVE THE NEED TO GO OUT AND BUILD A BRAND NEW TOWER. SO THEN YOU GOT TWO TOWERS OR THREE TOWERS IN THE AREA. THIS IS A LOCATABLE STRUCTURE AND WE TOOK THAT INTO CONSIDERATION WHEN WE IMPLEMENTED THE DESIGN FOR THIS FOR YOUR REVIEW. AND HEY COM. COMMISSIONER KAPLAN, ARE, ARE YOU BEING ABLE TO SEE ANY, ANY OF THIS INFORMATION? DO YOU HAVE ANY QUESTIONS? CAN'T HEAR YOU. I THINK THEY, THEY WENT, UH, TO GET A I T T TO STRAIGHT STAFF. WE LOST CONTACT WITH HER. SHE, SO ON THERE 150 15. ONE 15. OKAY. I WOULD, UM, MAKE JUST ONE LITTLE CORRECTION MODIFICATION. SO THE POLE IS 105 FEET, BUT ANYTIME YOU HAVE A POLE, YOU HAVE TO HAVE A LITTLE SKINNY LIGHTNING ROD ON TOP AND THAT GOES 10 FEET ABOVE. YOU WON'T BE ABLE TO SEE IT, BUT IT'S A REQUIREMENT THAT YOU HAVE THAT FOR ELECTRICAL PURPOSES. SO, OKAY. THE POLE ITSELF IS 1 0 5. OKAY. CRUZ, COMMISSIONER CRUZ. WELL, WE'RE WAITING FOR THEM TO BRING EVERYTHING ELSE UP. SO YOU'RE SAYING THIS IS ABOUT THE CLOSEST PROPERTY THAT YOU COULD PUT THIS ON WHERE IT WOULDN'T INTERFERE WITH EVERYTHING ELSE? CORRECT. THIS WILL HAVE NO INTERFERENCE ON ANY OTHER, THE CHURCH, ANY OTHER PEOPLE'S PARCELS, ANYTHING LIKE THAT. BUT, BUT PHYSICALLY THE LOCATION OF IT WITH JUST ABOUT WE, I COULDN'T FIND FOR TWO YEARS. I COULDN'T FIND ANOTHER LOCATION THAT WOULD BE FURTHER AWAY FROM RESIDENTIAL PARCELS AND, AND YOU KNOW, WHICH IS EVIDENCED BY THE FACT THAT WE PUT IT WAY UP ON THE NORTH SIDE, UP IN THE C TWO ZONING PART OF IT. OKAY. IF THIS PARCEL, AND I'LL SAY THIS TOO. IF THIS ENTIRE PARCEL WAS ZONED C TWO, WE WOULDN'T NEED A VARIANCE. GOT IT. BUT THE FACT THAT IT IS, THEY'VE MADE IT RESIDENTIAL, WHICH I, I CAN UNDERSTAND WHY YOU WANNA HAVE A LITTLE BUFFER FOR THE CHURCH. SO THEY'RE NOT BUILDING STUFF RIGHT UP ON TOP OF IT. [03:55:01] I UNDERSTAND THAT, BUT WE'RE NOT EITHER, WE'RE NOT BUILDING IN THAT RESIDENTIAL AREA. WE'RE IN THE C TWO PORTION OF IT. COMMISSIONER BRAGMAN, UH, SO THIS PROVIDES COVERAGE FOR THIS AREA THAT WOULD NOT HAVE COVERAGE. CORRECT? THAT IS, IT WOULD NOT BE CONSISTENT COVERAGE. YES MA'AM. THAT IS 100% CORRECT. OKAY. AND PLUS IT PROVIDES, UM, INCOME FOR THE CHURCH, I'M ASSUMING. ABSOLUTELY. PRETTY GOOD TOO. NOT TOO BAD. THEY WERE VERY EXCITED ABOUT IT. YOU KNOW, THEY HAVE NEEDS FOR THEIR CHURCH. SURE. AND, AND AND ME DOING THIS FOR 28 YEARS, ONE OF THE THINGS I DO IS I TRY TO FIND, UH, DESERVING PEOPLE. WHEN I SAY DESERVING PEOPLE, MAYBE NOT FORTUNE 500 COMPANIES, SORRY. BUT, UH, I TRY TO FIND, AND SO THE CHURCH, I ASKED THEM AND THEY SAID, HMM, LET'S THINK ABOUT IT. AND THEN THEY WERE LIKE, YEAH, WE'D BE INTERESTED AFTER WE, THE PRESENTATION I'M GIVING TO YOU, I GAVE THEM ONE LIKE THIS AND THEY'RE LIKE, OKAY. AND I SAID, WHAT'S THE CATCH? AND THEY SAID, UH, THEY ASKED ME WHAT'S THE CATCH WAS, I SAID, THERE'S NO CATCH. REFER 'EM TO OTHER CHURCHES WE'D DONE STUFF WITH. AND IT WENT AND THEY WERE VERY HAPPY WITH IT. IS IS COMMISSIONER KAPLAN BACK UP? SHE'S UP. WE JUST CAN'T HEAR HER. LYNN, COMMISSIONER LYNN, CAN YOU TELL ME HOW LONG THE LEASE IS FOR? IT IS A 25 YEAR LEASE. AND FOR ALL INTENTS AND PURPOSES, THAT'S JUST AN INDUSTRY STANDARD. I SEE IT GOING INDEFINITELY. THERE'S LEASES WE SIGNED IN THE LIKE NINETIES THAT WE JUST KEEP, KEEP RENEWING THEM. MR. MINCHA, CAN YOU TELL ME WHAT KIND OF TOWER IT WILL BE? UM, OH, THAT'S A GOOD QUESTION. IT'S A MONOPOLE TOWER. WE HAD PROVIDED DRAWINGS. YOU JUST DIDN'T GET TO SEE REPRESENTATION OF IT. IT'S NOT ONE OF THOSE LATTICE TOWERS. IT'S THE SKINNIEST TYPE TOWER YOU CAN PUT WITH HAS THE LEAST IMPACT. I WOULD NEVER DREAM, NEVER DREAM OF COMING TO ANY BOARD SAYING I'M TRYING TO PUT UP SOME TYPE OF GUIDE STRUCTURE OR LIKE A SELF-SUPPORT. IT'S NOT CONDUCIVE, IT'S NOT, UH, REPRESENTATIVE WHAT THE NEIGHBORHOOD WOULD WANT. THIS IS THE SKINNIEST TYPE POLE YOU CAN PUT UP FOR THIS SETUP. THERE'S NOTHING SMALLER YOU CAN DO TO HAVE AN IMPACT. COMMISSIONER JOHNSON? I HAVE IT. UH, THANK YOU. THANK YOU FOR ANSWERING THAT QUESTION. I WAS ABOUT TO ASK THAT BECAUSE I WAS CONCERNED ABOUT THE EMISSION RATES COMPARED TO G FIVES. YOU KNOW HOW MUCH THEY THROW OUT? THEY HAVE A THOUSAND FEET. OH, THIS IS, THIS IS A SKINNY TOWER. THIS IS LOW WATTAGE. THIS, TO GIVE YOU A CONCEPT, WHEN I WORKED WITH ENGINEERING, UH, YOUR MICROWAVE OVEN PRODUCES MORE WHATEVER R F E THAN THIS TOWER WOULD. THIS IS ALL LOW PLUS IT'S 105 FEET IN THE AIR. IT'S NOT SHOOTING DOWN ON PEOPLE. SO IT'S, IT'S JUST LOW SIGNAL. IT'S NOT MEANT TO COVER, LIKE, FOR INSTANCE, A A TV STATION THAT MAY HAVE 1 MILLION WATTS THAT'S MEANT TO COVER THE WHOLE ENTIRE METROPLEX. SOMETHING LIKE THAT. THAT'S NOT WHAT THIS IS. IT'S VERY LOW SIGNAL. OKAY, SIR. COMMISSIONER, UH, ZUNIGA, LET ME ASK YOU A QUESTION HERE. YES, SIR. YOU STATED THAT, UH, NOBODY ELSE COULD GET ON THAT TOWER. ONLY THE, THE, THE OPPOSITE WE ARE GONNA MAKE, IT'S AVAILABLE FOR CO-LOCATION. SO IF YOU CAN SHOW, CAN YOU BRING BACK THE SITE PLAN? UH, IT MIGHT BE ON YOUR PRESENTATION OR MAYBE ONE OF MY SHEETS HERE THAT SHOWS, UM, OKAY. I WISH YOU COULD ZOOM IN ON THAT, BUT RIGHT BACK THERE IS, IS WHERE OUR EQUIPMENT WOULD GO ON THAT TOWER. SO YOU COULD HAVE SOMEBODY ELSE GO RIGHT IN HERE. RIGHT IN HERE AND, OKAY. YEAH, KEEP GOING. SO THAT'S, THAT'S LIKE OUR EQUIPMENT IN THE BACK. SO YOU COULD HAVE SOMEBODY ELSE GO OVER HERE OR GO OVER HERE. AND THEN WE HAVE LEASE SPACE. WE'RE ONLY LOOKING TO SHOW THIS MUCH ORIGINALLY WITH THE, WITH THE FENCE. BUT THE LEASE SPACE IS ALL THE WAY OVER HERE. SO SOMEBODY COULD GO OVER HERE, COULD GO OVER HERE. POTENTIALLY FOUR PEOPLE COULD GO IN THERE. ALL RIGHT. SO EVERY CARRIER COULD, COULD, I CAN'T MAKE THEM AND I CAN'T SPEAK FOR THEM. I DON'T KNOW THEIR WANTS AND DESIRES, BUT WE'VE MADE IT AVAILABLE AND WE'RE WILLING TO LET THEM GO. PULL IT OUT. OKAY. COMMISSIONER CAMPBELL CAN YOU HEAR? CAN YOU HEAR THIS STUFF? I CAN HEAR? I CAN'T SEE. OKAY. COMMISSIONER'S GONNA GO. SORRY FOR THAT. HELLO. OKAY. OKAY. THIS IS A THING. ANYBODY GO THERE WHO HAS, YOU KNOW, AND I'VE BEEN THROUGH A COUPLE OF SIM UH, ON THE OUTSIDE HERE, SO THIS IS WHY I'M ASKING. YES, SIR. WHO HAS THAT SAY? SO WHO HAS THE LAW, THE AUTHORITY TO SAY YOU DON'T COME IN TO THIS, OTHERS THAT YOU'RE MAKING IT AVAILABLE TOO. WHO HAS THE LAW AND AUTHORITY? DO, DO YOU HAVE THE, DO YOU HAVE THE OBLIGATION TO SHARE THIS TOWER WITH ANYONE ELSE OR CAN YOU DENY Y YES, AND I, AND I'LL, I'LL EXPLAIN THIS. IT'S AN INDUSTRY STANDARD THAT, FOR [04:00:01] INSTANCE, VERIZON GOES ON AT T TOWERS AND DISH TOWERS AND ALL COMPANIES, AND WE GO ON THEIRS. IF COMPANIES CEASE TO PARTICIPATE, YOUR CAPITAL EXPENDITURES WOULD BE TRIPLE. I, AND I'LL, AND I HAVE NOT STATED THIS YET, BUT I'LL SAY THIS, THE LAST RESORT VERIZON DOES IS TO BUILD A NEW TOWER. WE WOULD TRY TO GO ON AN EXISTING TOWER FIRST. AN EXISTING BUILDING THAT NEEDS TO BE ABOUT 10 STORIES. THERE ISN'T ONE IN THE NEIGHBORHOOD. SO THE VERY LAST THING WE WILL DO IS TRY TO BUILD A TOWER. AND, AND THE, AS I'M HERE TONIGHT, OTHER CARRIERS AND OTHER ZONING COMMISSIONS, THEY'RE GETTING THEIR TOWERS APPROVED. VERIZON WILL GO ON THEIR TOWERS AND AT AND T AND DISH T-MOBILE SPRINT. THEY'LL GO ON THESE TOWERS. WE CAN'T FORCE 'EM, BUT AS SOON AS IT'S UP, THEY'LL GO, OOH, WE GOT A CHANCE. WE'VE DONE ALL THE HARD WORK. THEY'RE NOT HERE TONIGHT. WE ARE. BUT IN ALL FAIRNESS, THEY'RE PROBABLY A ZONING, HEARING SOME ELSE FROM MAYBE A TOWER. RIGHT? WHEREVER. AND THEN WE WOULD WANT TO GO IN THEIR TOWER AFTER THEY GOT THEIR PERMISSION FOR IT. COMMISSIONER KAPLAN, DO YOU HAVE ANY QUESTIONS? UH, I, I'M REALLY SORRY. I REALLY MISSED TOO MUCH OF THIS BECAUSE I DID NOT GET THE VISUAL. SO I'M JUST GOING TO END UP ABSTAINING. OKAY. UH, IF THERE'S NO, UH, CAN I FINISH MY YES, GO. CAN WE FINISH THE CONVERSATION? YES, SIR. YES, SIR. YOU WANNA TALK TO HIM FIRST? OKAY. I, I'M, I'M, I'M HERE WITH YOU. I'M SORRY. OKAY. SO WHAT, WHAT I'M SAYING IS, UH, WHO HA LIKE EVERYBODY CAN GO IN, YOU LET THEM, YOU, YOU LET 'EM GO IN YOUR COMPANY, LET 'EM GO. THERE'S NO, UH, SORT OF LAW OR LEGAL PREMISES WHERE YOU, YOU CAN STOP SOMEBODY FROM GOING IN THERE, RIGHT? OH, OKAY. WELL, VERIZON HAS A LEASE ON THAT PROPERTY, AND SO THEY HAVE THE RIGHTS TO THAT LAND. OH, OKAY. GO AHEAD. AND THEN, SO THEY OWN THAT TOWER. IF SOMEBODY WANTED TO GO ON THAT TOWER, THEY WOULD HAVE TO SIGN LIKE A SITE LICENSE AGREEMENT TO GO ON THERE. THEY WOULDN'T, IT'S NOT JUST FREE WILD, WILD WEST CARTE BLANCHE. AND YOU GO DO WHAT YOU WANT. NO, THEY HAVE TO CONTACT, FILL OUT AN APPLICATION. DO THAT JUST LIKE VERIZON WOULD HAVE TO DO ON THEIR TOWERS. OH, I THOUGHT YOU HAD THE PROPERTY. I AM REPRESENTING VERIZON WIRELESS HERE. I'M LEWIS MARTIN. I'M REPRESENTING VERIZON WIRELESS TONIGHT. OKAY. YOU'RE YOU'RE REPRESENTING, HUH? OKAY, SO, SO THEY GOT THE GO AHEAD FROM THE CHURCH. DOES THE CHURCH HAS NURSERY, UH, DURING THE DAY, DURING THE EVENING TO THE, THE CHURCH HAS ANY OTHER ACTIVITIES. I WENT IN THERE AND I, I DID SEE SOME CHILDREN FOR LIKE HALF A DAY, BUT I ALSO SAW THAT LITTLE PLAYGROUND. BUT THEN THERE'S THAT AND THERE'S A WHOLE BUNCH OF BUILDINGS. AND THEN ON THE OTHER SIDE OF THE BUILDINGS IS WHERE WE'RE LOOKING TO PUT THE TOWER. YEAH. BECAUSE, WELL, I'LL, I'LL, I'LL GO UP TO DATE HERE, UP FRONT, BECAUSE WE HAD ONE THAT HAS TO BE, THAT CAME THROUGH HERE THAT HAD TO BE MOVED DOWN THE ROAD. OKAY. AND IT'S NEAR WHERE I LIVE, BUT THERE'S NEXT TO THE CHURCH ET BECAUSE IT WAS IN AN AREA LIKE THAT. AND YOU KNOW, THERE'S, IF YOU ALL REALLY DON'T HAVE NO CONTROL, IT'S GOOD THAT YOU TOLD ME THAT, THAT NOW HORIZON WAS THE ONES THAT HAS IT. OKAY. HAS HORIZON LOOKED IN THE AREA BESIDES THE ALL AND UH, THAT WAS THE ONLY PLACE TO INSTALL? YES, SIR. AND THAT'S, AND THAT'S WHEN I DEMONSTRATED, UH, ON ONE OF THE SLIDES I EXPLAINED THAT THIS IS THE ONLY ONE THAT WOULD MEET VERIZON'S COVERAGE STANDARDS. THAT WE HAD A WILLING PARTICIPANT. YEAH, I DIDN'T HEAR THAT AT THE BEGINNING. OKAY. THAT'S OKAY. BUT THEN WE HAD A WILLING PARTICIPANT AND THEN WE ALSO, UH, THE CODE WOULD SOMEWHAT ALLOW FOR IT. LIKE, I DIDN'T WANT TO JUST COME IN AND SAY, I'M SURE THERE'S LANDLORDS OUT THERE THAT HAVE A RESIDENTIAL PROPERTY THAT WAS AN ACRE. THEY WOULD LOVE ME TO PUT IT ON THERE, BUT I DIDN'T APPROACH THEM BECAUSE THAT'S NOT THE SPIRIT AND THE INTENT OF THE CODE AND WE'RE TRYING TO ADHERE TO IT. SO, NO, AND, AND GOING BACK AGAIN, I JUST WANNA KINDA REITERATE THIS ONE PIECE. SORRY IF I'M GONNA SAY IT TWICE, BUT THAT LOT, IT'S THE SOUTHERN, MAYBE TWO THIRDS THAT'S RESIDENTIAL. IF THAT WHOLE PARCEL WAS ZONED C TWO, WE WOULDN'T BE HERE TONIGHT. 'CAUSE WHO WOULD BE IN ALLOWED USE? AND WE'VE DEMONSTRATED WE'RE MORE THAN 200 FEET AWAY FROM ANY RESIDENTIALLY ZONED STRUCTURES. A THOUSAND FEET ONE WAY, 500 FEET, ANOTHER, AND LIKE 300 FEET TO THE SOUTH. SO THAT'S, THAT'S WHY WE'RE HERE. AND WE PUT IT IN THE, WHAT WE FEEL IS THE BEST LOCATION ON THE PARCEL, WHICH IS IN THE VERY NORTHERN AND THE HEART OF ALL THAT COMMERCIAL. IT'S RIGHT BEHIND THAT STRIP MALL. YEAH. WE, WE, WE UNDERSTAND IF THIS FAILS TODAY, THEN YOUR, YOUR ONLY RECOURSE WOULD BE TO PURSUE LIKE OH ONE ZONING OR SOMETHING, AND THEN FOR THE PARKING LOT AND THEN YOU DON'T HAVE TO WORRY ABOUT IT. YES. AND WHAT LIEUTENANT? UH, THIS ONE WE HAD, THEY HAD A REZONE, EVEN IF THEY WENT NOT EVEN A MILE OFF ROAD. YEAH. YEAH. SO WHAT I'M SAYING, IS IT A COLLAPSIBLE [04:05:01] A TOWER OR WHAT KIND OF TOWER IS IT? IT'S A, IT'S A MONOPOLE THAT I I THAT, UH, IT'S A MONOPOLE TOWER. IT'S THE LEAST INTRUSIVE. THAT IS NOT A TOWER. YEAH, IT'S A, IT'S, IT'S A MONOPOLE TOWER. IT'S A STYLE OF TOWER. IT'S A, IT'S THE SMALLEST FOOTPRINT. THERE'S HERE, HERE'S A VISUAL OF IT RIGHT HERE. SO IF YOU ZOOM OUT JUST A LITTLE BIT THERE, THAT'S WHAT IT KINDA LOOKS LIKE RIGHT THERE. YEAH. AND IT'S JUST A SKINNY POLE. IT'S NOT ONE OF THE ONES THAT IT HAVE GUY WIRES COMING DOWN OFF THIS OPPOSITE ANGLE. AND IT'S ALSO NOT A LATTICE THAT LOOKS LIKE CRISSCROSS GOING UP. YEAH. UH, IT'S SMALLER IN DIAMETER THAN MOST OF THE ELECTRICAL POLES IN THE AREA. OKAY. SO THAT ARE METAL POLES. SO, UH, I THINK MY, UH, CHAIRMAN ANSWERED THAT QUESTION FOR ME. THANK YOU. OKAY. SO IF THERE'S SOMETHING ELSE, I'M LOOKING FOR A MOTION. ONE QUICK, ONE QUICK QUESTION. YES. COMMISSIONER BRAGMAN. UM, AND I'M ASSUMING THAT THE PAD'S GONNA BE FENCED. ABSOLUTELY. 100% WILL BE FENCED. UH, IT'S AN INSURANCE REQUIREMENT FOR THE CHARGE AND VERIZON SECURITY FENCING AROUND IT, SO NO ONE CAN GET IN THERE. ANYBODY THAT WANTED TO GET TO THAT, THEY'D HAVE TO TRESPASS ACROSS THE CHARGERS PARCEL AND THEY GET IN THERE. SO YEAH, WE WE'RE GONNA HAVE THAT FENCE. AND IT SHOWS THAT, UH, ON ONE OF THE SITE PLANS, IT ACTUALLY SAYS RIGHT THERE, CHAIN LINK FENCE WITH THE SO PROTECTION ON THERE. STANDARD INDUSTRY. YES MA'AM. ALRIGHT. WHO WOULD LIKE TO MAKE A MOTION ON THIS MAN, MR MAN, REGARDING CASE NUMBER BOA 2 2 1 0 3 0 2 5 9, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST, UH, FOR A A HUNDRED FOOT VARIANCE TO THE MINIMUM 200 FOOT DISTANCE REQUIRED TO ALLOW ANTENNA SUPPORT STRUCTURE TO BE 60 FEET FROM A RESIDENTIAL ZONE DISTRICT SITUATED AT 4 3 5 SOUTH ELLISON DRIVE, APPLICANT B AND LEWIS MARTIN, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE E D C AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PROPOSED ANTENNA STRUCTURE WILL BE AT LEAST 60 FEET FROM A RESIDENTIAL ZONE DISTRICT. THIS RESIDENTIAL ZONE DISTRICT IS A PARKING LOT AND WILL NOT BE CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS THERE, LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF FINDS AN UNNECESSARY HARDSHIP DUE TO THE CLOSEST RESIDENTIAL ZONED DISTRICT IS A PARKING LOT. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE DUE THE CONFIGURATION OF THE PROPERTY IN THE CLOSEST RESIDENTIAL ZONE DISTRICT BEING A PARKING LOT. THIS WILL OBSERVE THE SPIRIT OF THE ORDINANCE. THIS THE VARIANCE OF 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 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 CENTRAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. STAFF FINDS THAT THE TENANT SUPPORT STRUCTURE WILL BE FAR ENOUGH FROM RESIDENTIAL DISTRICTS, THEREFORE, THE REQUEST WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. THIS VARIANCE IS SOUGHT DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND SUCH AS THE SIZE AND LOCATION OF THE LOT. THE VARIANCE REQUEST IS NOT MERELY FINANCIAL. END OF MOTION. SECOND. SECOND BY COMMISSIONER CRUZ. COMMISSIONER MANON. UM, YES, I'LL BE VOTING IN FAVOR OF THIS. I THINK JUST THE, JUST THE NOTION THAT, UH, THE, UM, THE THING THAT'S DRIVING US HERE IS THE PARKING LOT OF THE CHURCH ITSELF ZONED AS RESIDENTIAL. AND, UH, SO THEREFORE I'LL BE VOTING IN FAVOR. COMMISSIONER CRUZ? UH, YES, I CAN CONCUR WITH MR. MANNA. I DON'T SEE ANY PROBLEMS WITH THIS IS 'CAUSE IT WILL BE IN THE PARKING LOT AND THERE'S NOTHING CLOSE TO IT. THANK YOU. ANY OTHER COMMISSIONERS LIKE TO ADD HEARING NONE THIS HAVE A ROLL CALL. VOTE MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. I CONCUR. MR. SPIELMAN. I CONCUR. MR. MENCHACA. I CONCUR. MS. LYNN. I CONCUR. MR. ZUNIGA. NO, I DO NOT CONCUR. MS. KAPLAN? I ABSTAIN. MS. BRAGMAN I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN. I ALSO CONCUR, UH, WITH FINDINGS OF FACT, BUT WITH ONLY EIGHT VOTES. ONE ABSTENTION AND ONE AGAIN, IS THE MOTION FAILS. MR. CHAIR, CAN WE, UH, OPEN UP THE, UH, THE CASE AGAIN AND SEE IF THERE'S ANYTHING WITHIN THE ING? YEAH. YEAH. COMMISSIONER KAPLAN, IS THERE ANYTHING WE CAN DO? DO YOU HAVE, DO YOU HAVE, CAN WE SHOW YOU ANY FIGURES TO HELP, UH, HELP YOU FURTHER UNDERSTAND WHAT IS BEING REQUESTED? I'D BE GLAD TO ANSWER ANY QUESTIONS YOU HAVE. BE HONEST. I MISSED HALF OF IT, UM, THE PRESENTATION AND IT DOES SEEM LIKE A GOOD, YOU KNOW, IT SEEMS LIKE A WORTHWHILE THING. I COULD GO WITH IT. I COULD GIVE YOU A CONCURRENCE. OKAY. THANK YOU. SO I I I, IT SEEMS LIKE, YOU KNOW OKAY, I, I'LL CONCUR. I JUST DON'T, BUT I, I DON'T KNOW WHAT I'M CONCURRING TO. OKAY. OH, CAN DO YOU, DO [04:10:01] YOU HAVE ACCESS TO SEE, UH, THE STAFF SCREEN ME? YES. UH, WHATEVER THEY'RE SHOWING ME, I AM SEEING STAFF. BUT WHAT HAPPENED WAS DURING THE PRESENTATION IT WAS, I WASN'T SEEING ANYTHING. I, I UNDERSTAND. UH, STAFF, CAN YOU SHOW THE ONE, UH, SKETCH THAT SHOWS WHERE IT IS IN RELATION TO THE WHOLE LOT? UH RIGHT. I THINK WE HAVE THAT ON THE, I WANTED TO SEE PRESENTATION WE HAVE UP HERE. RELATION TO THE RESIDENTIAL. YEAH. YEAH. THERE'S, THERE'S ONE SKETCH THAT WAS PROVIDED BY THE APPLICANT. IT'S GOING NOT THAT ONE. KEEP GOING. THERE'S MY, MY YEAH, THE ONE THE APPLICANT BROUGHT WITH THE DISTANCE. YEAH. SHOW THAT TO COMMISSIONER KAPLAN, PLEASE. I'LL TURN IT TO IT IF YOU WANT. OH, YOU GOT IT. IT'S ON, THAT'S ON THE RED PAGE. SO WHAT HAPPENS IS THE CHURCH LOT, UH, THE NORTHERN PART IS C TWO, THE SOUTHERN PART IS R SIX, UH, FROM THE NEARBY HOMES, THEY'RE ABOUT 382 FEET TO THE SOUTH FROM THE POLE AND ABOUT 503 FEET TO THE 513 TO THE EAST. THE REASON WHY THE APPLICANT'S HERE TODAY IS BECAUSE THE CHURCH LOT IS ZONED, A PORTION OF THE CHURCH LOT IS ZONED R SIX, WHICH IS THEIR PARKING LOT. AND SO IF THAT CHURCH LOT WAS NOT ZONED R SIX, HE WOULD NOT HAVE TO COME BEFORE US. SO THAT'S THE PREMISE OF THE APPLICATION AND WE PUSHED IT AS FAR AS NORTH AS WE COULD. AND SO, AND SO THAT'S, THAT'S, YEAH. IF THIS MOTION FAILS, THERE'S ONLY RECOURSES IS YEAH. MS. KAPLAN'S TRYING TO TALK AND I DON'T THINK WE CAN HEAR HER. OKAY. MS. KAPLAN, COMMISSIONER KAPLAN CHANGE BACK TO HER MUTE AGAIN. UH, ONE SECOND. IF YOU LOOK AT THE ONLINE PRESENTATION, IT IS ON THERE RIGHT NOW, JUST NOT AN OUR WEBEX. SHE SHOULD BE ABLE TO TALK. OKAY. I I'M, CAN YOU HEAR ME? 'CAUSE I HAVE A BUTTON. IT SAYS I I'M SUPPOSED TO BE, CAN YOU HEAR ME? YES, WE CAN HEAR YOU. OKAY. I'M SORRY. I'M FRUSTRATED BECAUSE I'M TRYING, SOMETIMES I TRY TO TALK AND I'M NOT SURE IF IT'S WORKING OR NOT. I CONCUR. ALRIGHT. OKAY. YOU GOT MY VOTE. ALL RIGHT. SO THAT'S AT NINE NINE TO ONE. MOTION PASSES. IT PASSES. THANK YOU. THANK YOU. UH, COMMISSIONER CRUZ, ARE YOU LEAVING? SO IT'S 5 31. COMMISSIONER CRUZ IS LEAVING THE MEETING. AND WE DID, UM, GET YOU A SANDWICH TRAY IF Y'ALL WANNA GRAB SOMETHING, A BITE TO RUN BACK IN HERE. WELL, THE PROBLEM, WELL, THE PROBLEM, WE CAN'T, WE CAN'T HEAR ITEM 16 'CAUSE WE HAVE A RECUSAL. OKAY, SO THAT LEAVES ITEM 14 AND 15. DOES ANYBODY HERE HAVE A HARD LEAVE MOVING FORWARD OR DO WE HAVE TIME TO HEAR ANY OF THESE OTHER TWO CASES? OKAY, SO WE, WE'VE GOT A HARD LEAVE AT SIX, SO WE'RE GONNA TRY ITEM 14, 9 11 KING AVENUE, SIR. 2 56. I'M ITEM 16. I'VE GOT A THREE AND A HALF HOUR DRIVE BACK HOME. YEAH, THE, THE DILEMMA IS, IS THAT WE HAVE A RECUSAL THAT TAKES US DOWN TO EIGHT MEMBERS. WE CAN'T HEAR YOUR CASE. MS. KAPLAN'S GOING TO GET IN TROUBLE. YEAH, YOU CAN LOOK. AGENDA ITEM 14 BO 8 2 2 1 0 3 0 0 2 5 6. ADDRESS IS 9 1 1 KING AVENUE COUNCIL. DISTRICT FOUR APPLICANT IS JOSE GARCIA. A REQUEST FOR ONE, A THREE FOOT FIVE INCH SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT TO ALLOW A SIX FOOT FIVE INCH SOLID SCREEN PRI PRIVACY FENCE ALONG THE FRONT YARD. TWO A THREE FOOT EIGHT INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A SOLID GREEN FENCE TO BE 11 FOOT FOUR INCHES FROM THE FRONT CURB. AND THREE A SEVEN FOOT SIX INCH VARIANCE WITH SEVEN AND A HALF, SEVEN AND A HALF CREDIT FROM THE ALLEY FROM THE MINERAL AND 20 FOOT SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE FIVE FEET FROM THE REAR PROPERTY. LINE ZONING IS R SIX CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED ALONG KING STREET IN THE SOUTHWEST SIDE NEAR LACKLAND AIR FORCE BASE. THE APPLICANT CONSTRUCTED A WOOD PRIVACY FENCE ALONG THE FRONT, INSIDE PROPERTY LINE WITHOUT OBTAINING A FENCE PERMIT. THE CASE CAME FROM CODE ENFORCEMENT. THE MAXIMUM HEIGHT PERMITTED FOR SOLID FENCE IN THE FRONT IS THREE FEET. UPON THE SITE VISIT CONDUCTED BY STAFF, THE FENCE MEASURED SIX FEET, FIVE INCHES IN HEIGHT AT THE HIGHEST POINT WITH MOST OF IT BEING SIX FEET. DURING THE SITE VISIT, STAFF OBSERVED THAT THE FENCE IS 11 FEET FOUR INCHES FROM THE CURB, SHORTER OF THE 15 FEET FRONT SETBACK REQUIREMENT. STAFF ALSO OBSERVED THAT THE REAR SETBACK WAS 12 FEET, SIX INCHES FROM THE MIDPOINT OF THE ALLEY, SHORT OF THE 20 FOOT REQUIREMENT SITE PLAN, THE SUBJECT PROPERTY, THE FENCE HEIGHT, MEASUREMENT, SITE OF FENCE, THE REAR SETBACK, THE ALLEY, [04:15:02] THE SIX FOOT FENCE DOWN THE STREET AND YOUR SURROUNDING AREA. RECOMMENDATIONS FENCE. SPECIAL EXCEPTIONS. STAFF RECOMMENDS DENIAL M B O 8 22 1 0 3 0 0 2 5 6 BASED ON THE FOLLOWING FINDINGS OF FACT, THE SIX FOOT FIVE INCH WOOD PRIVACY FENCE WAS CONSTRUCTED ON THE PROP FRONT PROPERTY LINE WITHOUT AN ISSUED PERMIT. TWO. THE PRIVACY FENCES OUTTA CHARACTER FOR THE NEIGHBORHOOD AS NEIGHBORING PROPERTIES HAVE PREDOMINANTLY OPEN FENCES. AND THREE, THE PROPERTY DOES NOT INCLUDE ANY ABNORMAL PHYSICAL FEATURES SUCH AS A CHANGE IN ELEVATION OR SLOPE. RECOMMENDATION, CLEAR VISION AND REAR SETBACK VARIANCE. STAFF RECOMMENDS APPROVAL M B O A 22 1 0 3 0 0 2 5 6 BASED ON THE FOLLOWING FINDINGS OF FACT, DEFENSE IS IN LINE WITH OTHERS IN THE INTERMEDIATE AREA, THEREFORE THE REQUEST DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. TWO, A REAR SETBACK OF FIVE FEET WOULD PROVIDE ENOUGH SPACE BETWEEN THE SUBJECT PROPERTY AND A NEIGHBORING PROPERTY. AND THREE, THE STRUCTURE COMPLIES WITH THE FRONT INSIDE SETBACK REQUIREMENTS. NOTIFICATION PLAN. STAFF MILLED OUT 31 NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION. AND KETANA COMMUNITY NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. ALRIGHT, THANK YOU. MM-HMM. . SO THE APPLICANT COME FORWARD. HELLO, I'M KAYLA CARDENA OF THE HOME OF 4 9 11 KING. MY MOM, SHE'S THE ONE THAT LIVES IN THE HOUSE. UM, SHE LIVES ALONE RIGHT NOW. UM, SHE'S A STAY HOME MOM. SO CURRENTLY RIGHT NOW WE WE'RE GONNA START LIKE A SMALL BUSINESS OF THAT REQUIRES STORAGE. UM, I DON'T HAVE A SPACE AT MY HOUSE SINCE SHE HAS MORE SPACE. WE THOUGHT ABOUT S STORAGE STUFF THERE AND I HIRED SOMEONE TO DO THE FENCE AND I DIDN'T KNOW THEY, THEY DIDN'T GET A, THE PERMIT. 'CAUSE WHEN I PAY, HE TOLD ME THAT, UH, IT WAS WITH EVERYTHING MY AIR WAS NOT ASKING FOR OR A RECEIPT. WHEN HE FINISHED DOING IT, I DID DECIDE THAT IT WAS WAY TOO TALL, BUT IT WAS ALREADY MADE. SO HE JUST LEFT IT LIKE THAT. THAT'S WHEN I RECEIVED THE NOTE THAT I HAVE TO REMOVE IT. BUT I DON'T WANT, WE'RE NOT GONNA USE IT ANYMORE THERE FOR STORAGE. 'CAUSE ON THE CORNER THERE'S A CORNER STORE AND THERE'S A LOT OF HOMELESS. SO WE'RE NOT GONNA USE IT ANYMORE AS A STORAGE, BUT I DON'T HAVE RIGHT NOW THE MONEY TO REMOVE IT. SO I WAS ASKING IF WE CAN MAYBE CUT IT TO A FIVE FOOT, THE FRONT, NOT A SIX. OKAY. SO WHAT HAPPENS IS, IS THAT YOUR APPLICATION IS ASKING FOR A THREE AND A HALF FEET ABOVE THE THREE FOOT THAT YOU'RE ALLOWED MM-HMM. . UM, WE CAN GO LESS THAN THAT. UH, AND THAT'S SOMETHING THAT MIGHT, YOU KNOW, GET YOU THE VOTES YOU NEED TO GET SOMETHING APPROVED. BUT, UH, SO YOU'RE SAYING THAT YOU COULD GO DOWN TO A FIVE FOOT SOLID? YEAH. 'CAUSE I KNOW SIX FOOT IS WAY TOO TALL AND I, I DID SAY THAT IT WAS WAY TOO TALL, BUT, UM, I DON'T WANNA REMOVE IT AND THEN PAY FOR A NEW ONE. SO MAYBE CUT IT TO A FIVE FOOT. OKAY. AND THEN, UH, WHAT ABOUT THE, UH, THE CLEAR VISION? UH, SO YOU, YOU HAVE A, UM, CAN I LIKE, TAKE OFF ONE? WELL, THE STAFF WAS RECOMMENDING APPROVAL FOR CLEAR VISION. THEY DIDN'T SEEM TO HAVE AN ISSUE WITH THAT. SO WITH THE HEIGHT? NO, WITH, WITH THE, UH, POTENTIAL FENCE BLOCKING VIEW FROM TRAFFIC GOING ONTO THE STREET. MM-HMM. . SO THAT'S, THAT, THAT'S A SEPARATE ISSUE FROM THE HEIGHT. SO CAN I REMOVE ONE OF THOSE LITTLE THINGS? ONE AND ONE AND ONE OR YOU WOULD HAVE TO REALLY BRING THAT WHOLE, WHENEVER YOU HAVE A DRIVEWAY, YOUR FENCE HAS TO BE ON A RESIDENTIAL, IT'S 15 FEET BACK FROM THE FACE OF CURB, CORRECT. STAFF. IS THAT THE CLEAR, THE CLEAR VISION'S 15 FEET BACK FROM THE FACE OF CURB FROM WHERE IT HITS THE, UH, STREET 15 FEET. SO I, SO I HAVE TO GO 15 FEET MORE. YEAH. BUT INSIDE, BUT, BUT STAFF IS RECOMMENDING APPROVAL AND WE'LL SEE IF THERE'S ANY COMMISSIONER QUESTIONS ABOUT THAT ISSUE. UH, AND THEN THE LAST ITEM WAS, UM, UH, LET'S SEE HERE. A VARIANCE FROM THE SI, UH, FROM THE SETBACK. [04:20:01] UM, SEVEN, SEVEN AND A HALF INCH, UH, SEVEN FOOT SIX INCHES VARIANCE FROM THE, FROM THE 20 FOOT SETBACK TO ALLOW A STRUCTURE TO BE FIVE FEET FROM THE REAR PROPERTY LINE. YOU GET CREDIT FOR THE ALLEY. AND, AND, AND A STAFF WASN'T, UH, WAS RECOMMENDING APPROVAL FOR THAT. SO REALLY WHAT THEY'RE, WHAT THEY'RE RECOMMENDING DENIAL FROM IS, IS THE FENCE HEIGHT. SO JUST, JUST THE HEIGHT. RIGHT? SO IF THE STAFF HAS ANYONE SIGNED UP TO SPEAK ANY, UH, PUBLIC COMMENTARY? NO PUBLIC COMMENT. OKAY. SO WHAT WE'LL DO IS WE'LL SEE IF THERE'S ANY QUESTIONS ABOUT THOSE ITEMS AND WE'LL SEE. TAKE IT FROM THERE. IS ANY COMMISSIONER QUESTIONS? MY QUESTION IS JUST ZONA. OH YEAH. THANK YOU MR. CHAIR. THE, UH, SO YOU'RE OKAY WITH THE, WITH THE FIVE FOOT FRONT? YEAH. YEAH. I'M OKAY BECAUSE I, AND WHEN I SAW IT, I SAW THAT IT WAS WAY TOO TALL, BUT, UH, THE GUY, HE DIDN'T WANNA LIKE REDO IT OR CUT IT, SO, SO THAT WOULD BE A TWO FOOT EXCEPTION, RIGHT? FOR THE MAXIMUM THREE FOOT? YEAH. THANK YOU. ALRIGHT. ANYONE ELSE FRONT? NOT THE SIDE. UH, YEAH, THAT, THAT'D BE THE FRONT MANNA COMMISSIONER MANNA. SO BY CHANCE, DID YOU HAVE AN OPPORTUNITY TO TALK TO YOUR NEIGHBORS AND FROM THEIR PERSPECTIVE ON THE FENCE, DID THEY HAVE ANY POSITIONS? I WAS GONNA DO THE LETTERS TOO, BUT THE PEOPLE THAT LIVED THERE, I DON'T WANT TO THINK THAT I WAS HIDING SOMETHING. SO THAT'S MY, OKAY. UM, ANY OTHER COMMISSIONER QUESTIONS? COMMISSIONER KAPLAN, DO YOU HAVE ANY QUESTIONS? OKAY. UH, DID YOUR AUDIO JUST GO OUT AGAIN? CAN YOU HEAR ME? OH, YEAH, I CAN NOW. OKAY. I'M SORRY. OKAY. UH, NO, I DON'T REALLY HAVE ANY QUESTIONS AT THE MOMENT. OKAY. SO WITH THAT, I'M LOOKING FOR A MOTION UNA COMMISSIONER ZUNA, REGARDING CASE NUMBER BO EIGHT DASH 22 DASH 0 3 0 0 2 56. I MOVE THAT THE BOARD ADJUSTMENT GRANT REQUESTS FOR A TWO FOOT SPECIAL EXCEPTION FOR THE MAXIMUM THREE FOOT FENCE HEIGHT THAT DESCRIBED AS SECTION 35 DASH 504 TO ALLOW A FIVE FOOT SOLID SCREENED PRIVACY FENCE ALONG THE FRONT YARD, SITUATED AT 9 1 1 KING AVENUE, APPLICANT BEING JOSE GARCIA. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OTHERS PROPERTIES SUCH THAT ARE LITTLE ENFORCEMENT OF THE PROVISIONS OF THE U D C AS A MATTER WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPECIAL, THE SPIRIT AND PURPOSE OF THIS CHAPTER. THE ADDITIONAL FENCE HEIGHT IN, IN THE FRONT IS SIMILAR TO OTHERS IN THE AREA. STAFF FINDS THE REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THIS ORDINANCE. B. THIS PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED. THE FENCE IS UNLIKELY TO DISTURB THE PIECE OF THE NEIGHBORHOOD AND FITS WITH THE CHARACTER OF THE NEIGHBORHOOD. THE 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 FENCE WILL CREATE ENHANCED SECURITY AND PRO AND PRIVACY FOR THIS, UH, SUBJECT PROPERTY, BUT IS UNLIKELY TO, TO SUBSTANTIALLY INJURE ANY NEIGHBORING PROPERTIES. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THIS DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. AND THE ADDITIONAL HEIGHT FOR THE FRONT YARD FENCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THERE ARE SIMILAR FENCE HEIGHTS IN THE AREA. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE AND ESTABLISHED FOR THIS SPECIFIC DISTRICT. THE CURRENT ZONING PERMITS PERMITS THE, THE CURRENT USE OF A SINGLE FAMILY HOME. THE REQUEST OF SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THIS DISTRICT. END OF MOTION OR, YEAH. IS THERE SECOND? SECOND. SECOND. BY COMMISSIONER MANER. COMMISSIONER ZUNA. I'M SUPPORTING THE MOTION OF THE APPLICANT, UH, HAS AGREED TO, UH, UH, CUT DOWN THE FENCE TO THE FIVE FOOT. UM, WHICH, YOU KNOW, IT, IT'S, UH, IT'S AN ACCOMMODATION AND UH, UH, I THINK THAT STILL SERVES THE PURPOSE OF, OF SCREENING AND PRIVACY FOR, UH, TESTIMONY PRESENTED ABOUT HER, HER MOM WHO'S SINGLE AND LIVES AT THE HOUSE AND SEEKING THE SECURITY AND PROTECTION. AND I THINK THE FIVE FOOT, UH, SCREENING, UH, DOES MEET THAT SAFETY REQUIREMENT, BUT YET PROVIDES, UH, COMPLIANCE WITH THE, UH, THE CITY REQUIREMENTS. COMMISSIONER MANON, I CONCUR WITH MY COLLEAGUE. ANY OTHER COMMISSIONER? QUESTIONS? UH, COMMENTS? HEARING NONE HAVE ROLL CALL VOTE ON THE, ON THE FENCE TYPE MR. OZUNA? I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. MANCHACA. I CONCUR. MS. LIN I CONCUR. MR. ZUNIGA I CONCUR. MS. KAPLAN I CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY NINE TO ZERO AND I'LL HAVE A MOTION ON THE, UH, CLEAR VISION AND SETBACK. OKAY. THE CLEAR VISION. SO I'M GOING TO ALIGN WITH THE CITY'S RECOMMENDATION FOR APPROVAL. AND SO REGARDING CASE NUMBER BOA DASH 22 DASH 0 3 0 0 2 56, I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED REQUEST FOR 1 8 3 FOOT EIGHT INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A SOLID SCREEN FENCE TO BE 11 FEET, FOUR INCHES FROM THE CURB, AND TWO, A SEVEN FOOT SIX INCH VARIANCE WITH SEVEN FOOT SIX [04:25:01] INCH CREDIT FROM THE ALLEY, FROM THE MINIMUM 20 FOOT SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE FIVE FEET FROM THE REAR PROPERTY LINE SITUATED AT NINE 11 KING AVENUE. APPLICANT BEING JOSE GARCIA. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE THE VARIANCE DOES NOT CONTRACT TO PUBLIC INTEREST. THESE, THIS, THESE VARIANCES REQUEST FOR THE CLEAR VISION AND MINIMUM REAR SETBACK DO NOT APPEAR CONTRACT TO THE PUBLIC INTEREST DUE TO DEFENSE PLACEMENT AND REAR SETBACKS OF THE AREA. TWO, DUE TO SPECIAL CONDITIONS, THE LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. REQUIRING THE DEFENSE TO BE MOVED BACK WOULD REQUIRE THE APPLICANT TO MOVE THE FENCE LINE BEHIND NEIGHBORING HOUSES AND ENFORCING THE REAR SETBACK WOULD REQUIRE PARTIAL DEMOLITION OF THE HOUSE. BY GRANTING THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED. SUBSTANTIAL JUSTICE WILL BE DONE. THE RECOMMENDED VARIANCES APPEAR TO OBSERVE THE SPIRIT OF THE ORDINANCE. NEIGHBORING HOUSES HAVE SIMILAR FENCE PLACEMENTS IN THE REAR SETBACK. FOUR. THE VARIANCE WOULD WITHOUT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED NO USES OTHER, THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THE VARIANCE. FIVE. SUCH VARIANCE WILL, WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. 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 SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL OR NOT DUE TO THE RESULT OF GENERAL CONDITIONS. THE DISTRICT, WHICH OF THE PROPERTY IS LOCATED STAFF FINDS THAT APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCES ARE SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE REQUESTED CLEAR VISION AND WE'RE SETBACK VARIANCES WILL EASE THE HARDSHIP, UH, BY ALLOWING THE FENCE LINE TO REMAIN THE SAME AND FOR THE HOUSE TO STAY INTACT AS IT WAS BUILT IN 1952. END OF MOTION, MANNA. SECOND BACK COMMISSIONER. MANNA. COMMISSIONER ZUNA. RIGHT. SO I'M ALIGNING, UH, STAFF RECOMMENDS APPROVAL FOR THESE CLEAR VISION, UH, UH, VARIOUS VARIANCES AND, UM, IN SUPPORT OF THAT AS WELL. GREAT. COMMISSIONER MANNA. I CONCUR WITH MY COLLEAGUE. ALRIGHT, ANYONE ELSE LIKE TO ADD? HEARING NONE. LET'S HAVE A ROLL CALL. VOTE. MR. OZUNA. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. MANCHACA I CONCUR. MS. LYNN. I CONCUR. MR. ZUNIGA I CONCUR. MS. KAPLAN I CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. NINE TO ZERO. CONGRATULATIONS. UH, SO YOU DID GET, UH, THE TWO FOR CLEAR VISION AND THE SETBACK, BUT THE FENCE HEIGHT AND, AND THAT FRONT. OKAY, SO, SO THE FENCE HEIGHT FIVE. YES. AND THE CLEAR VISION. YOU GOT, YOU GOT, YOU GOT THAT APPROVED. OKAY, SO, AND THE SETBACK WAS TO CUT IT TO FIVE. JUST JUST CUT THE FENCE TO FIVE. IF YOU HAVE ANY QUESTIONS, UM, YOU CAN TALK TO STAFF, THEY'LL WALK YOU THROUGH IT. AND IT'S ONLY IN THE FRONT YARD THAT HE HAD TO BE FIVE SIDE AND REAR CAN BE AS IS. THAT'S FINE. ALL RIGHT. OKAY. THANK YOU SO MUCH. YOU WELL, THANK YOU. ALL RIGHT. UH, NEXT ITEM IS ITEM 15. ITEM 15 BO A 2 2 1 0 3 0 0 2 5 7. ADDRESS IS 3 3 8 PALM DRIVE IN CITY COUNCIL DISTRICT SEVEN, APPLICANT BEING MARIA GONZALEZ. A REQUEST FOR A THREE FOOT SEVEN INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A DETACHED CARPORT WITH OVERHANG TO BE ONE FOOT FIVE INCHES FROM THE SIDE PROPERTY LINE. TWO, A FIVE FOOT VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A DETACHED CARPORT TO HAVE A FIVE FOOT FRONT SETBACK. THREE, A THREE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT FRONT YARD FENCE HEIGHT REQUIREMENT TO ALLOW A SIX FOOT SOLID SCREEN FENCE ALONG THE EASTERN AND WESTERN PROPERTY LINES. FOUR. A 11 FOOT VARIANT FROM THE 15 FOOT MINIMUM CLEAR VISION REQUIREMENT TO ALLOW A SOLID SCREEN PRIVACY FENCE TO BE FOUR FEET FROM THE FRONT CURB. FIVE. A VARIANT FROM THE PERMITTED FENCE MATERIALS TO ALLOW CORRUGATED METAL, A CORRUGATED METAL FENCE IN THE SIDE AND REAR YARDS. SIX A NINE INCH SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT SIDE AND REAR YARD FENCE HEIGHT REQUIREMENTS TO ALLOW A SIX FOOT NINE INCH FENCE IN THE SIDE AND REAR YARDS. THE CURRENT ZONING IS R FOUR. THE SUBJECT PROPERTY IS LOCATED ALONG PALM DRIVE NEAR BANDERA ROAD. THE APPLICANT CONSTRUCTED A DETACHED CARPORT WITH OVERHANG WITHOUT PULLING BOATING PERMITS, PROMPTING A CODE INVESTIGATION IN ITS CURRENT LOCATION. THE CARPORT IS ONE FOOT FIVE INCHES FROM THE SIDE PROPERTY LINE AND FIVE FEET FROM THE FRONT PROPERTY LINE. CARPORTS ARE REQUIRED TO MAINTAIN FIVE FEET FROM THE SIDE AND 10 FEET FROM THE FRONT PROPERTY LINE. UPON SITE VISIT. STAFF OBSERVED A SIX FOOT SOLID SCREEN FENCE PAST THE FRONT FACADE OF THE HOME, VIOLATING CLEAR VISION REQUIREMENTS BY BEING FOUR FEET FROM THE FRONT CURB. ADDITIONALLY, THE APPLICANT CONTRACTED A SIX FOOT NINE INCH FENCE IN THE SIDE AND REAR YARDS USING PROHIBITED FENCE MATERIAL. CORRUGATED METAL IF SOLID SCREEN FENCES CONSTRUCTED IN THE FRONT ARE NOT SUPPOSED TO [04:30:01] EXCEED THREE FEET AND WOULD NEED TO ABIDE BY THE CLEAR VISION REQUIREMENTS OF MAINTAINING 15 FEET FROM THE FRONT CURB. ADDITIONALLY, THE SIDE AND REAR YARD FENCES ARE NOT TO EXCEED SIX FEET. AND HERE IS THE SITE PLAN, THE SUBJECT PROPERTY, THE CARPORT SIDE SETBACK MEASUREMENT, THE WIDTH OF THE CARPORT, THE FRONT YARD FENCE AT ITS HEIGHTS POINT, AND THEN THE CORRUGATED METAL AND THE SIDE AND THE REAR YARDS, AND THEN THE SIDE AND REAR YARD FENCE HIGH. AND THEN THE SURROUNDING AREAS. STAFF RECOMMENDATION FOR THE SIDE SETBACK VARIANCE STAFF RECOMMENDS DENIAL WITH AN ALTERNATE RECOMMENDATION OF A TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A DETACHED CARPORT TO BE THREE FEET FROM THE SIDE PROPERTY LINE AND B O A 2 2 1 0 3 0 0 2 5 7 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE CARPORT IN ITS CURRENT LOCATION DOES NOT PROVIDE ADEQUATE SPACING, WHICH IS INJURING THE NEIGHBORING CONFORMING PROPERTY. AND TWO, THE ALTERNATE RECOMMENDATION WILL OBSERVE THE SPIRIT OF THE ORDINANCE BY PROVIDING A SUITABLE DISTANCE WHILE ALLOWING FOR A SIZABLE CARPORT. STAFF RECOMMENDATION, CLEAR VISION AND FRONT SETBACK VARIANCE STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING FINDINGS. OF FACT, THE CARPORT DISTANCE IS FIVE FEET FROM THE FRONT PROPERTY LINE AND 11 FOOT SIX INCHES FROM THE FRONT CURB, WHICH STAFF FINDS IS A SUITABLE AMOUNT OF SPACE. THE CURRENT DISTANCE FROM THE FENCE FROM THE FRONT CURB WILL OBSTRUCT VEHICULAR, UM, TRAFFIC FOR THE, UM, FENCE. MATERIAL VARIANCE. STAFF RECOMMENDS DENIAL BASED ON THE FOLLOWING FINDINGS OF FACT, CORRUGATED METAL IS A PROHIBITED FENCE MATERIAL. AND TWO, IT WILL INJURE NEIGHBORING CONFORMING PROPERTIES. STAFF RECOMMENDATION FENCE HEIGHT, SPECIAL EXCEPTION STAFF RECOMMENDS DENIAL BASED ON THE FOLLOWING FINDINGS OF FACT SAW SCREEN FENCES WERE NOT OBSERVED IN THE SURROUNDING NEIGHBORHOOD, THEREFORE, THE ADDITIONAL HEIGHT FOR THE FRONT SIDE REAR AND AND REAR YARD COULD ADVERSELY INJURE NEIGHBORING PROPERTIES. AND TWO, THERE IS NO ESTABLISHED PRECEDENCE FOR SOLID SCREEN FENCES IN THE IMMEDIATE AR AREA. AND HERE IS THE NOTIFICATION PLAN. STAFF MAILED 20 NOTICES, ONE IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM DONALDSON TERRACE NEIGHBOR, HER DISSOCIATION. AND THIS CONCLUDES STAFF PRESENTATION AND THE APPLICANT IS PRESENT. THANK YOU VERY MUCH. THANK YOU. UM, HAVE THE APPLICANT COME FORWARD. PLEASE IF YOU COULD STATE YOUR NAME AND TELL US ABOUT YOUR CASE. HELLO. UH, MY NAME IS MARIA BERGER AND I LIVE AT 3 3 8 PALM DRIVE. AND I GUESS I NEED TO APOLOGIZE FIRST FOR MY HUSBAND AND MYSELF. WE WERE TOTALLY IGNORANT AND NOT ASKING THE PEOPLE THAT DID THE CARPORT FOR US OR THE FENCING TO GET, UH, PERMITS. UH, THE PEOPLE OWED US MONEY AND THAT WAS THEIR WAY OF PAYING US BACK AND IT WAS MORE MY FAULT THAN MY HUSBAND'S. HE'S ALWAYS BEEN THAT WAY. ANYWAYS, THAT'S ALL I HAVE TO SAY. OKAY. WELL, UM, STAFF IS, STAFF IS RECOMMENDING APPROVAL. UM, LET SEE HERE, FOR THE CLEAR VISION AND THE FRONT SETBACK VARIANCES, BUT DENIAL, UH, FOR THE SIDE SETBACK VARIANCE, UH, DID, DID THEY EXPLAIN TO YOU WHAT THEY WERE, WHAT THEY WERE, UH, WHAT THEIR ALTERNATE RECOMMENDATION WAS? UH, NO. OKAY. LET ME PULL UP THIS. LET'S SEE HERE. SO WHAT THEY'RE, THEY'RE SAYING THAT THEY'RE, THEY DON'T HAVE AN ISSUE WITH, WITH THE CLEAR VISION OF YOUR FRONT SETBACKS. OH. BUT WHEN IT COMES, WHEN IT COMES TO THE, UM, FENCE, MATERIAL VARIANCE AND THE FENCE HEIGHT EXCEPTION, THEY, THEY, THEY, THEY'RE RECOMMENDING DENIAL AND THEN THE SIDE SETBACK, THEY'RE RECOMMENDING AN ALTERNATE RECOMMENDATION. UH, WHAT THEY'RE ASKING FOR IS, UM, LET'S SEE, IT'S TWO, YEAH, IT'S A TWO FOOT SIDE SETBACK, TWO FOOT VARIANCE FROM THE FIVE FOOT SIDE SETBACK. SO HOW DOES THAT AFFECT, UH, YOUR, YOUR PROPERTY AND YOUR, AND YOUR PLAN MOVING FORWARD? I MEAN, CAN YOU LIVE WITH A TWO FOOT VARIANCE AS OPPOSED TO WHAT YOU'RE, AS OPPOSED TO WHAT YOU'RE ASKING FOR? WHICH, UM, LET'S SEE. I'M SORRY. I'M HARD OF HEARING. I DIDN'T PUT ANYTHING ON TODAY. SO, YEAH, I'M LOOKING FOR THE, UM, HOLD ON A SECOND. VARIANCE FROM THE, OKAY, SO YOU'RE ASKING FOR A THREE FOOT SEVEN VARIANCE FROM THE MINIMUM FIVE FOOT SETBACK. IF THE STAFF IS ASKING, UH, IS [04:35:01] RECOMMENDING TWO FEET. SO IT'S A LITTLE BIT, UH, YOU KNOW, MORE THAN WHAT, WHAT YOU'RE WANTING. SO DOES THAT, IS THAT, WHAT ARE YOUR THOUGHTS ON THAT? I'M CLUELESS WHEN IT COMES TO ANYTHING REGARDING THE HOUSE. OKAY. SO I WISH I COULD SAY MORE, BUT YEAH. BRING THAT, UM, PICTURE UP. OKAY. SO RIGHT NOW YOU HAVE A, UM, YOU HAVE A CARPORT THAT IS, UM, ONE FOOT FIVE INCHES FROM THE SIDE PROPERTY LINE AND STAFF IS WARNING YOU THAT SIDE. YEAH. YES. SO YOU SEE, DO YOU SEE WHERE THE, THERE'S THREE SUPPORT POLES AND THERE'S A MEASURING TAPE WITH THE LITTLE RED, UM, PART OF IT AT THE END. YES. SO STAFF IS SAYING THAT THAT'S ONE FOOT FIVE INCHES AWAY FROM THE SIDE. WHAT THEY WOULD LIKE YOU TO DO IS MAKE IT THREE FEET FROM THE SIDE. OH, THEY WOULD LIKE THE POLES MOVED OVER IN THE CARPORT WITH REDUCED, UH, WELL, REASON WE'RE TRYING TO, THE REASON THAT THEY'RE THAT FAR OUT IS 'CAUSE YOU KNOW, THE CARS WILL FIT. THEY WON'T FIT IF, IF THEY'RE MOVED OVER. ARE YOU TRYING TO PUT TWO CARS SIDE BY SIDE? YES, SIR. OKAY. AND, AND WHAT IS THE, WHAT, IS THERE ANYTHING THAT, THAT YOU CAN LIVE WITH THAT, THAT, UH, WOULD ALLOW YOU TO PARK TWO CARDS? I KNOW THIS IS ALREADY BUILT, BUT RIGHT. AGAIN, WE HAVE NINE MEMBERS PRESENT, SO WE'RE, IF ANYBODY VOTES, UH, AGAINST THIS, IT'S NOT GONNA PASS. RIGHT. SO IS THERE ANY, IS THERE ANYTHING THAT, THAT YOU CAN, UM, TELL THIS BOARD AS FAR AS WHAT YOU CAN LIVE WITH ON A REDUCED WIDTH FOR THE CARPORT? WELL, I REALLY CAN'T, LIKE I SAID, I'M CLUELESS. CAN I ASK A QUESTION? SURE. COMMISSIONER BRAGMAN? SURE. SO, SO LOOKING AT THIS PICTURE RIGHT HERE MM-HMM. , I SEE THAT THERE'S TWO VEHICLES, RIGHT? I MEAN, IT LOOKS LIKE THERE'S A, A TRUCK AND THEN ANOTHER TRUCK. SEE, THERE'S THE, IT LOOKS TO BE THERE. TWO. NO, MY SON HAS A BOAT IN THE BACK. I'M SORRY, MY SON UHHUH . I'M SORRY. MY SON HAS A BOAT IN THE BACK. OKAY, SO THAT'S A BOAT THAT'S ON THE RIGHT HAND SIDE, RIGHT? YEAH. AND THE, THERE'S A TRUCK IN THE BACK. YEAH. IT'S NOT UNDER THE CAR. THAT WHITE THING YOU SEE IN THE BACK. NO, BUT I'M TALKING ABOUT THE WIDTH MM-HMM. . SO I, I SEE A TRUCK ON THE LEFT HAND SIDE. RIGHT. AND THAT LOOKS LIKE A, A CAR OR A TRUCK ON THE RIGHT HAND SIDE. THE HOOD UP? YEAH, IT'S A CAR WITH A HOOD UP. OKAY. SO THERE'S TWO CARS, TWO VEHICLES THAT ARE SIDE BY SIDE. RIGHT. AND THEY LOOK TO BE IN THE SIGHT LINE WITHIN THOSE POLES. AND SO WHAT, WHAT STAFF IS RECOMMENDING IS MOVING THE POLES THAT ARE ON THE RIGHT HAND SIDE IN THAT PICTURE OVER ONE AND A HALF FEET. AND IT LOOKS LIKE THERE'S PLENTY OF ROOM BETWEEN THE, THE TWO VEHICLES AS THEY SIT IN THAT PICTURE. RIGHT. TO ALLOW JUST TO MOVE IT OVER ONE AND A HALF FEET. UH, THE ONLY THING IS FROM WHERE IT'S NOW, THEN THE BOAT WON'T BE ABLE TO COME OUT. YEAH. SHE'S SHE'S SAYING THAT THE BOAT IS SO, IS PREDOMINANTLY WIDER THAN THAT VEHICLE. YES. YEAH. THAN THAT VEHICLE. OKAY. OKAY. , HOLD ON A SEC. WE, WE, WE WILL, WE WILL CALL YOU UP IN A MOMENT. IS, IS THERE ANY, UH, OTHER COMMISSIONER QUESTIONS FOR THE YEAH, I HAVE KAPLAN. CAN YOU HEAR ME? COMMISSIONER KAPLAN? OKAY. ONE THING THAT WE USUALLY TALK ABOUT, AND I'M SURPRISED COMMISSIONER MANNA HASN'T BROUGHT THIS UP, IS, UH, GUTTERS WHEN THEY'RE SO CLOSE TO THE NEIGHBORING PROPERTY LINE, UM, IS THAT SOMETHING THAT YOU HAVE ON THERE THAT I CAN'T SEE, OR ARE YOU WILLING TO PUT ON NO, IT'S NOT DONE YET. OH. ARE YOU PLANNING TO PUT GUTTERS ON? YES. YES. SO, BUT WHEN YOU PUT THE GUTTERS ON MM-HMM. , ARE THEY GONNA BE ON THE SIDE, UH, WHERE THE FENCE IS ON YOUR, WHICH, WHICH WOULD MEAN THAT YOU'RE ENCROACHING EVEN MORE? WELL IN WORDS WHEN YOU PUT THOSE GUTTERS ON UHHUH , YOU'RE GONNA STICK OUT ABOUT SIX MORE INCHES. RIGHT. I DON'T KNOW THAT I WAS TOLD THAT THEY WERE GONNA BE PUT ON. WELL, COMMISSIONER KAPLAN, UM, THE, THE LOOK AT THE CORRUGATION AT THE TOP OF THE PICTURE, IT LOOKS LIKE THE INTENT IS FOR THE WATER TO RUN TOWARDS THE FRONT OR THE REAR. I THINK IT'S TO THE REAR BECAUSE THE LAND RUNS LIKE DOWNHILL TOWARDS THE HOUSE. OKAY. SO SHE WERE TO PUT GUTTERS, THEY'D BE IN THE BACK. OKAY. OKAY. YEAH. OKAY. SO, UM, LET'S SEE IF THERE'S ANY PUBLIC COMMENTARIES. IS ANYONE SIGN UP TO SPEAK? WE HAVE, UH, TWO SPEAKERS AND ONE VOICEMAIL. OKAY. UH, WE'RE GONNA HEAR THE VOICEMAIL AND I'M ASSUMING YOU'RE ONE OF THE SPEAKERS, SO YOU'LL BE UP. UH, LET'S HEAR THE VOICEMAIL. OKAY. DO I, SHOULD I GO SIT DOWN? UH, YOU CAN SIT DOWN. [04:40:03] HELLO, THIS IS ANNABELLE VARGAS AT 3 3 5 PALM DRIVE, SAN ANTONIO, TEXAS 7 8 2 2 8. PAUSE REAL QUICK. PAUSE REAL QUICK. FIVE ZERO. UH, MRS. VARGAS? YES. DO YOU WANT YOUR VOICEMAIL PLAYED OR DO YOU WANNA SPEAK? UM, I WOULD RATHER JUST SPEAK. OKAY. SHE'D WANNA SPEAK. SO TWO SPEAKERS, NO VOICEMAILS. OKAY. UH, SO WHY DON'T YOU COME ON UP AND JUST STATE YOUR NAME FOR THE RECORD AND TELL US YOUR THOUGHTS. HELLO EVERYBODY. I'M ANNABELLE VARGAS AT 3 3 5 PALM DRIVE. I LIVE JUST RIGHT ACROSS FROM HER HOUSE, FROM THEIR HOUSE AND A LITTLE BIT TO THE SIDE, SO KITTY CORNER. AND I JUST WANNA SAY THAT WHOEVER BUILT THAT CARPORT DID A REALLY GOOD JOB. I MEAN, IT'S BEAUTIFUL AND IT DOESN'T, IT LOOKS REALLY BIG, BUT IT DOESN'T STICK OUT, YOU KNOW, LIKE JUST WALKING UP AND DOWN THE STREET. IT DOESN'T LOOK BAD OR ANYTHING. IT LOOKS GOOD, REALLY GOOD. AND I'VE SEEN THEM BRING THE BOAT IN AND OUT AND THEY DO NEED ALL THAT SPACE. AND THE NEIGHBORS ACROSS RIGHT NEXT TO THEM AREN'T IN OPPOSED TO IT. NOBODY ELSE THAT I KNOW IN THE NEIGHBORHOOD IS OPPOSED TO, TO IT AT ALL. AND THE WAY THEY PUT UP NEW FENCING AROUND THEIR HOUSE JUST LOOKS REALLY NICE. AND EVEN THE BACK FENCING, I'VE SEEN OTHER PEOPLE DO THE SAME THING BECAUSE THERE'S SUCH A PROBLEM WITH TERMITES IN THE AREA. 'CAUSE IT'S A WOODED AREA, SO SOME OF THE COROT THAT KIND OF FENCING, IT'S LIKE MORE PEOPLE ARE DOING IT IN THE AREA BECAUSE OF THAT. I MEAN, NEXT TO MY HOUSE, IT'S THE FENCE IS TOTALLY JUST FALLING BECAUSE OF THE TERMITES. SO I JUST WANTED TO SAY THAT AND JUST, UM, I JUST DON'T SEE ANY PROBLEMS WITH WHAT THEY DID AND IT JUST LOOKS REALLY NICE AND IT'S KIND OF HIGH BECAUSE WE JUST BARELY GOT NEW CURB AND GUTTER ON OUR NEIGHBORHOOD. SO I COULD SEE THE REASON WHY THEY PUT THEIR CARPORT A LITTLE CARPORT, A LITTLE HIGHER OR WIDER BECAUSE JUST BECAUSE OF THAT KIND OF, THE CURBS GOT RAISED, EVERYTHING KIND OF MOVED AROUND A LITTLE. AND THAT'S ALL I WANTED TO SAY. OKAY. I HOPE YOU APPROVE. THANK YOU VERY MUCH. THINGS FOR HER, FOR THEM. THEY'RE REALLY GOOD NEIGHBORS. OKAY. THANK YOU. THANK YOU. AND WHO'S THE NEXT, UH, SPEAKER? MS. PAULINE CANTU. HELLO. I'M GLAD SOMEBODY LIKES THE, THE CARPORT BECAUSE IT'S HORRIBLE. AND NOT ONLY THAT, SHE TALKED ABOUT TERMITES. YES. . YEAH. THERE'S TERMITES AND OTHER RODENTS AND WHATNOT THAT GETS PASSED ALONG THROUGH UNDERNEATH THE FENCE IN WHICH YOU ALWAYS HAVE ORGAN COME OUT. UM, BUT THERE'S BEEN LOTS OF PROBLEMS WITH THOSE PEOPLE. OUR NEIGHBORS. UM, THE METAL FENCE IS FACING TOWARDS OUR SIDE AND IT LOOKS LIKE YOU'RE IN, UM, ALMOST LOCKED IN A PENITENTIARY. THAT'S WHAT IT LOOKS LIKE WHEN YOU'RE DRIVING DOWN COLLEEN. AND, UM, WE'VE TRIED, WE'VE ADDED A CARPORT AND, UH, MAKE THE HOUSE LOOK NICER, UH, BUT WITH THEIR CARPORT THAT YOU COULD PASS ONE OF THE RIGS THAT THEY OWN, THAT'S PROBABLY, I AM ASSUMING THAT'S WHY THEY MADE IT. THE BOAT IN THE BACK HAS NEVER BEEN MOVED. NEVER. IT'S JUNK ALONG WITH ALL THE JUNK THAT THEY HAVE IN THE BACK. THAT'S WHY THEY MADE THE FENCE TALLER SO PEOPLE WOULDN'T SEE THE BACKYARD. I MEAN, I LIVED THERE FOR 45 YEARS AND NEVER HAD PROBLEMS WITH ANYONE, BUT I'M GONNA TELL YOU THESE PEOPLE. SO THAT'S WHY I'M HERE TO LET YOU ALL KNOW THAT. I DON'T KNOW HOW CITY WILL LET THIS GO BY. IT'S JUST NOT ACCEPTABLE IN A NEIGHBORHOOD. I'M TRYING TO CLEAN. I MEAN, UH, DISTRICT SEVEN AND I ARE, UM, ALWAYS ON THE PHONE WITH THEM, ALWAYS WITH THE POLICE. THEY'VE HAD CARS MOVED FROM THE OUTSIDE WHERE THEY WERE PARKED WITH NO PAPERS. UM, YOU NAME IT, THEY'VE HAD IT. SO THAT TO ME ARE NOT RESPONSIBLE PEOPLE THAT SHOULD HAVE [04:45:01] A CARPORT THAT HIGH. IT'S JUST NOT, DOESN'T LOOK GOOD IN THE NEIGHBORHOOD. WE'VE TRIED TRYING TO KEEP THE NEIGHBORHOOD CLEAN. I MEAN, THERE'S PEOPLE IN THE BACK THAT DO DO SO MANY THINGS, BUT THERE'S SO MANY THINGS THAT YOU CAN DO ONE AT A TIME. AND BELIEVE ME, I HAVE TRIED WITH DISTRICT SEVEN. OKAY. AND WHERE, WHERE DO YOU, UH, LIVE IN RELATION TO THE HOME? UH, I LIVE RIGHT NEXT DOOR AT 3 42. OKAY. 3 42. OKAY. THANK YOU VERY MUCH. QUESTIONS, QUESTIONS FOR YOU. SO, OKAY. UM, SO IF I HEARD CORRECTLY, SO, SO THE METAL FENCE IS, IS CERTAINLY A CHALLENGE FROM YOUR PERSPECTIVE? YEAH, IT'S FACING TOWARDS, UM, SO, AND THEN, UM, AS FAR AS A CARPORT, YOU KNOW, SO THE DIALOGUE FOR THE CARPORT HAS TO BE ON HOW FAR AWAY IT IS FROM THE, UM, SIDE PROPERTY. SO ON THE OTHER SIDE I GUESS. SO, UM, AND SO, UM, SO A, A CARPORT IS PERMITTED, BUT THE QUESTION THAT WE'RE TALKING ABOUT IS HOW CLOSE IT IS TO THE SIDE PROPERTY. AND SO, UM, WELL TO THE, TO THOSE NEIGHBORS ACROSS THEIR STREET, I'M ON THE RIGHT. RIGHT. THAT'S SO, WELL, I JUST, NO, JUST SO THE QUESTION REALLY IS, YOU KNOW, UM, SO THE, SO THE CAR, SO THE CARPORT DESIGN, YOU, YOU HAVE SOME QUESTIONS ON AS WELL, BUT, YOU KNOW, SO PRIMARILY WHAT THE DIALOGUE IS, IS HOW CLOSE IT IS TO THE SIDE PROPERTY, AND THAT'S, THAT'S REALLY WHAT WE'RE GONNA BE VOTING ON, YOU KNOW, IN, IN OUR DIALOGUE HERE, SO MM-HMM. . AND SO, SO, UM, AND YOU SAID YOU HAD A CARPORT AS WELL, AND SO, UH, WE DO, AND THAT'S, THAT'S LEGAL. WE TOOK OUR PERMIT OUT. OKAY. THAT'S BEEN ABOUT MAYBE LA UH, MAYBE A COUPLE OF YEARS AGO. AND, UM, BUT, UH, AS FAR AS TRYING TO, YOU KNOW, THE, THE FENCE LOOKS HORRIBLE ON MY SIDE, YOU KNOW, I MEAN, I WOULDN'T MIND IT IF HE DID, IF THEY HAD THE FOOTING FENCE, YOU KNOW, IT'S THAT WAY. I DON'T HAVE TO LOOK OVER THERE, BUT, UH, THE, THE METAL FENCE IS ALL THE WAY DOWN TO THE NEIGHBORS IN THE BACK AND ALONG THEIR FENCE. BUT, UH, THAT'S MY ISSUE, YOU KNOW, SO. OKAY, THANK YOU. SO, SO DO YOU HAVE, I, I HAVE A COUPLE QUESTIONS. SO YOU'RE OPPOSED TO THE METAL FENCE. UH, ARE YOU OPPOSED TO THE FENCE HEIGHT? WELL, UM, I DON'T, I, I DON'T REALLY CARE TO LOOK OVER THERE. SO THEY, SO THEY'RE ASKING FOR A THREE FOOT VARIANCE, IS IT? FENCES CAN'T BE MORE THAN THREE FEET IN THE FRONT OF, FRONT OF THE HOME. THEY LIKE TO MAKE IT SIX. UH, WHAT DOES THAT BOTHER YOU? THAT'S FINE, YOU KNOW, THAT'S FINE. OKAY. AND THEN, UH, THE REST OF IT HAS TO DO WITH THE CARPORT, UM, UM, CLEAR VISION AND NOT LIKE CLEAR VISION REGARDING THE FENCE HEIGHTS. UH, DO YOU FEEL THAT IF THAT FENCE WAS REALLY TALL, THAT WOULD BE A OBSTACLE TO YOU, UH, BACKING IN AND OUT OF YOUR DRIVEWAY, OR ARE YOU FAR ENOUGH COLD? OH, YES. OH, DEFINITELY. OKAY. YES. OKAY. ALRIGHT. THANK YOU VERY MUCH. ANY QUESTIONS FOR THIS SPEAKER? UM, HEARING NONE, MR. UH, ALSO, CAN YOU HEAR ME, KAPLAN? YES. UH, ALSO IT SAID THAT THERE'S A VARIANCE FOR PERMITTED FENCE MATERIALS, NUMBER FIVE TO ALLOW CORRUGATED METAL IN THE SITE AND REAR YARD. SO I'M GONNA ASK, UH, MS. CANTU MM-HMM. , UH, DO YOU OBJECT TO IT BEING CORRUGATED METAL? YES. YES, I DO. THANK YOU. OKAY. THANK YOU VERY MUCH. THANK YOU. ALL RIGHT. WE HAVE ANY, UH, ADDITIONAL QUESTIONS FOR THE APPLICANT? I HAVE A QUESTION FOR STAFF. UH, COMMISSIONER ZUMAN. UM, SO WE HEARD TESTIMONY ABOUT SOME ABANDONED VEHICLES IN THE SUBJECT PROPERTY. IS THERE A FOLLOW UP OR CAN GET LIKE, MAYBE A CODE ENFORCE ON IT? WHAT IS, WHAT IS THE CITY POLICY IN TERMS OF LIKE AN ABANDONED YEAH, THEY HAVE A, A NUMBER OF LIKE JUNK VEHICLES, UH, IN THE CODE ENFORCEMENT HISTORY. UM, WE'LL FOLLOW UP TO SEE, MAKE SURE THOSE WERE ALL CLOSED. BUT THEY DO HAVE A HISTORY OF, UH, ABANDONED VEHICLES, UH, JUNKYARD JUNK VEHICLES ON THE PROPERTY. HOW LONG DOES THAT, HOW LONG A HISTORY, WHEN WAS THE FIRST REPORTED JUNK VEHICLE? OCTOBER, 2021. OKAY. THANK YOU. ALRIGHT. UH, SO WITH THAT, UH, IF THERE'S ANY, ANY OTHER QUESTIONS? SO WE'VE GOT, WE'VE GOT SIX ITEMS, UH, BEFORE US TODAY. UH, THERE HAS TO BE AT LEAST TWO DIFFERENT MOTIONS. UH, I'D LIKE TO, ANYONE WANT TO TAKE A, UH, TAKE A STAB AT THIS? OH, SURE. IF THE APPLICANT LIKE TO COME BACK FORWARD. IS, IS THERE ANYTHING ELSE YOU'D LIKE TO TELL US BEFORE WE DELIBERATE? UH, NOTHING THAT'S NOT OBVIOUS TO EVERYONE. I MEAN OKAY. WE'VE ALWAYS HAD TROUBLE. OKAY. I MEAN, EVEN MY GRANDKIDS DON'T WANNA PLAY OUTSIDE BECAUSE SHE YELLS OBSCENITIES. [04:50:01] OKAY. SO, ALL RIGHT. WELL, THANK YOU. I HAVE A QUESTION FOR THE APPLICANT HERE. YES, YES SIR. SO I'M LOOKING AT THE CORRUGATED METAL AND IT CURRENTLY DOES NOT HAVE A CAP ON TOP, SO IT LOOKS LIKE IT'S JUST THE EXPOSED EDGE. SO IS THAT TRUE OR DOES THERE A CAP ALL THE WAY ALONG IT? I DON'T KNOW. I REALLY HAVEN'T LOOKED AT IT. OKAY. SO THE PICTURE DOESN'T LOOK LIKE THERE'S A CAP, SO, OKAY. OKAY. THANK YOU. IS THAT IT? ALL RIGHT, THANK YOU. OKAY, THANK YOU. ALL RIGHT. I'M LOOKING FOR A MOTION. OKAY. UH, I, I, YOU KNOW, WITH NINE OF US HERE, I DON'T KNOW WHO IS, UH, UM, IN FAVOR OR OPPOSED TO ANY PARTICULAR PORTION OF THIS. UM, I GUESS SOMEONE COULD, IF THEY WANTED TO, COULD, COULD START OFF READING, UM, MAYBE WHAT STAFF IS HAS APPROVED AND WE CAN YEAH, WHY DON'T YOU JUST READ THE WHOLE THING AND WE'LL SEE IF THERE'S ANY, UH, FRIENDLY AMENDMENTS BEING REQUESTED. HOW ABOUT THAT? RIGHT. ONE IS TWO REQUEST. OKAY. REGARDING CASE NUMBER BO O A DASH TWO TWO DASH 0 3 0 0 0. MS. BRAGMAN, I'M SO SORRY TO INTERRUPT. DO YOU MIND GETTING A LITTLE CLOSER TO YOUR MICROPHONE? I'M SO SORRY. NO, IT'S ALRIGHT. REGARDING CASE NUMBER BOA DASH 22 DASH 0 3 0 2 5 7, I MOVE TO THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR ONE A THREE FOOT SEVEN INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A DETACHED CARPORT WITH OVERHANG TO BE ONE FOOT FIVE INCH FROM THE SIDE PROPERTY LINE TWO, A FIVE FOOT VARIANCE FROM THE MINIMUM 10 FOOT SETBACK TO ALLOW A DETACHED CARPORT TO HAVE A FIVE FOOT FRONT SETBACK. THREE, AN 11 FOOT VARIANCE FROM THE 15 FOOT MINIMUM CLEAR VISION REQUIREMENT TO ALLOW A SOLID SCREEN PRIVACY FENCE TO BE FOREFOOT FROM THE FRONT CURB. AND FOUR, A VARIANCE FROM THE PERMITTED UH, FENCE MATERIAL TO ALLOW CORRUGATED METAL FENCE IN THE SIDE AND REAR YARD SITUATED AT 3 3 8 PALM DRIVE. APPLICANT BEING MARIA GONZALEZ. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN A NECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT THE VARIANCE IS NOT CONTRARY TO 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 AND FRONT SETBACK. AND IN ORDER TO ALLOW A DETACHED CARPORT WITH OVERHANG TO BE ONE FOOT FIVE INCH FROM THE SIDE PROPERTY LINE AND FIVE FOOT FROM THE FRONT PROPERTY LINE, THESE DISTANCES PROVIDE ADEQUATE SPACING BETWEEN THE CARPORT NEIGHBORING PROPERTY AND FRONT CURB, WHICH IS NOT CONTRARY TO THE PUBLIC INTEREST. ADDITIONALLY, THE APPLICANT IS REQUESTING A VARIANCE FROM THE PERMITTED FENCE MATERIAL TO ALLOW CORRUGATED METAL FENCE IN THE SIDE AND REAR YARDS. THIS IS NOT CONTRARY TO THE PUBLIC INTEREST AS IT IS LOCATED BEHIND THE FRONT FACADE OF THE HOME. ADDITIONALLY, THE APPLICANT IS REQUESTING A VARIANCE TO THE FRONT SETBACK AND CLEAR VISION. THE DISTANCE IS FIVE FOOT FROM THE FRONT PROPERTY LINE IS 11 FOOT SIX INCH FROM THE FRONT CURB, WHICH STAFF FINDS IS SUITABLE AMOUNT OF SPACE DUE TO SPECIAL CONDITIONS. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UN UNNECESSARY HARDSHIP. A LITERAL, LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE CARPORT BEING REDUCED TO MAINTAIN A AND TO MAINTAIN A FIVE FOOT SIDE AND 10 FOOT FRONT SETBACK, WHICH WOULD DECREASE THE SQUARE FOOTAGE OF THE CARPORT. THE ADDITIONAL VARIANCE REQUEST TO ALLOW CORRUGATED METAL WOULD RESULT IN AN UNNECESSARY HARDSHIP AS THE FENCE IS ALREADY CONSTRUCTED FURTHER ALTERING THE FENCE TO MEET THE CLEAR VISION. STANDARD REQUIREMENT OF 15 FOOT WOULD RESULT IN UNNECESSARY HARDSHIP BY REDUCING THE SIZE OF THE FRONT YARD. BY GRANTED THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN 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 PROPOSED SIDE OF FRONT SETBACK APPEAR TO OBSERVE THE SPIRIT OF THE ORDINANCE AS THE CURRENT DISTANCE IS A REASONABLE DISTANCE TO THE ADJACENT PROPERTY AND FRONT PROPERTY LINE. FURTHER, THE CLEAR VISION REQUEST TO ALLOW OFFENSE TO BE 11 FOOT SIX INCHES FROM THE FRONT CURB WILL OBSERVE THE SPIRIT OF THE ORDINANCE PROVIDED BY PROVIDING A SAFE DISTANCE BETWEEN THE TWO POINTS, ALLOWING VEHICULAR TRAFFIC TO NOT BE OBSTRUCTED. 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 OTHER USES THAT THEN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITHIN THIS VARIANCE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CARE OF THE, OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE CARPORT WILL MAINTAIN ONE FOOT FIVE INCH FROM THE SIDE PROPERTY LINE AND FIVE FOOT FROM THE FRONT PROPERTY LINE, WHICH IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT OR [04:55:01] INJURE NEIGHBORING CONFORMING PROPERTIES. ADDITIONALLY, THE CORRUGATED MIDDLE FENCE IS LOCATED BY THE FRONT, BEHIND THE FRONT FACADE OF THE HOME, WHICH WILL NOT AL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. FURTHERMORE, THE CLEAR VISION REQUESTS WILL NOT INJURE ADJACENT PROPERTIES AS OTHER FRONT YARD FENCES WERE OBSERVED IN THE IMMEDIATE VICINITY. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR ITS VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY IS NOT MERELY FINANCIAL END OF MOTION. SECOND. WE HAVE A SECOND BY COMMISSIONER ARMANA. OKAY. SO WE'VE GOT FOUR ITEMS ON THIS MOTION. UM, ITEMS TWO AND THREE WERE SUPPORTED BY STAFF. ITEM ONE STAFF IS RECOMMENDING AN ALTERNATE FOR A TWO FOOT VARIANCE SO THAT THE CARPORT COULD BE THREE FEET AWAY. THAT WOULD BE MY FRIENDLY AMENDMENT. . OKAY. AND THEN THEY'RE, THEY'RE RECOMMENDING FULL DENIAL ON THE DEFENSE MATERIAL. THAT WOULD ALSO BE MY FRIENDLY AMENDMENT. OKAY. SO WE HAVE A FRIENDLY AMENDMENT BY COMMISSIONER MANNA, UH, TO FILE STAS RECOMMENDATION FOR A TWO FOOT VARIANCE TO ALLOW A CARPORT TO BE THREE FOOT FROM THE SIDE AND TO STRIKE, UH, THE FOURTH ITEM FOR THE FENCE MATERIAL OF CORRUGATED METAL. I ACCEPT THE AMENDMENT. OKAY. SO THE AMENDMENT HAS BEEN ACCEPTED. THE MOTION IS NOW FOLLOWING STAS RECOMMENDATION. UH, ARE THERE ANY COMMISSIONERS, UH, SPECIFICALLY ESPECIALLY AND SPECIFICALLY THOSE WHO MIGHT BE OPPOSED TO, UH, THE INOW AMENDED MOTION, UH, THAT THEY WOULD LIKE TO, UH, OFFER ANY OTHER AMENDMENTS? NO, JUST A CLARIFICATION. SO WE'RE DOING AWAY WITH THE FENCE MATERIAL AND THE HEIGHT? YEAH. FENCE. AND WE ARE, UH, ASKING FOR, UM, NO, WE'RE NOT, WE HAVEN'T, WE HAVEN'T ADDRESSED THE HEIGHT YET. THAT HAS TO BE READ SEPARATELY, BUT THE, THE CORRUGATED METAL IS GONNA BE REMOVED ENTIRELY. UH, OKAY. AND, AND THEN THE, THE CARPORT WILL IS NOW GOING TO BE, UH, PROPOSED TO BE THREE FEET AWAY FROM THE SIDE PROPERTY LINE TO FILE A STAFFS RECOMMENDATION. OKAY. THAT'S FINE. ALRIGHT, COMMISSIONER MIN CHAKA. THANK YOU, CHAIRMAN. YOU, YOU ANSWERED MY QUESTION. THANK YOU. OKAY. UH, COMMISSIONER SPIELMAN? YEAH. I HAVE A QUESTION ABOUT THE, UH, CLEAR VISION ON THE, UH, FENCE MATERIAL COMING FORWARD TOWARD THE STREET. MM-HMM. , UH, IF THAT WERE LOWERED A LITTLE BIT, WOULD IT STILL, SO AN ISSUE OR NOT SO CLEAR VISION, UH, STARTS AT 42 INCHES HIGH. CORRECT. STAFF? UH, SO LIKE IF YOU WERE TO HAVE A THREE FOOT, UH, IF SHE WOULD HAVE A THREE FOOT WOOD FENCE IN HER ENTIRE FRONT YARD, THERE WOULDN'T BE A CLEAR VISION ISSUE. IS THAT CORRECT? THE CLEAR VISION IS AT THREE FEET. OKAY. SO WHAT HAPPENS IS, IF WE APPROVE THE CLEAR VISION, BUT WE DON'T APPROVE THE FENCE HEIGHT, THEN IT'S, IT DOESN'T MATTER. UM, IF WE, IF WE, IF WE DON'T APPROVE THE CLEAR VISION, THEN A PORTION OF THE FENCE WOULD HAVE TO BE REDUCED DOWN TO THREE FEET OR REMOVED. SO IT, IT JUST DEPENDS ON WHICH, UH, WHICH MANNER YOU WANT TO PURSUE. UM, IS, DID, DID TRAFFIC CHIME IN ON THIS? EXCUSE ME. IS IS THE FENCE MATERIAL AN ISSUE THOUGH? BECAUSE ISN'T NO. THAT WAS REMOVED, THAT, THAT IS NO LONGER A PART OF THE MOTION. BUT, BUT ISN'T THIS FENCE MADE OF THE CORRUGATED METAL? SO IF WE SAY THERE'S NO CORRUGATED METAL, THAT IT DOESN'T REALLY MATTER 'CAUSE SHE HAS TO REMOVE THAT FENCE ANYWAY. YES. BUT SHE COULD REBUILD IT WITH WOOD, UH, DEPENDING ON HOW WE APPROVE THE REST OF THIS. SO STAFF IS, IS THE TRAFFIC CHIME IN ON, ON AT ALL? NOT ON THIS ONE. THIS ONE WASN'T, UH, OUT OF THE ORDINARY, SO THEY DIDN'T HAVE ANY COMMENTS FOR THIS ONE. SO, YOU KNOW, WE'RE, WE'RE, WE'RE OPEN TO SUGGESTION. IF THERE'S SOMEBODY THAT WOULD, THAT FELT, FELT LIKE THE FOLLOWING, THE CLEAR VISION IS MORE PERTINENT, WE COULD, WE COULD CERTAINLY STRIKE THAT FROM THE MOTION AS WELL. AND THEN THAT, THAT GIVES, GIVES THE FENCE SITE MOTION IF APPROVED, UH, LESS WEIGHT, IF I'M UNDERSTANDING THIS CORRECTLY, THE FENCE AS IT, UH, PROCEEDS FROM THE FRONT OF THE HOUSE WOULD HAVE TO BE, UH, REDUCED THEN IN HEIGHT. YEAH. SO FROM THE, FROM THE PLANE OF THE FRONT OF THE HOUSE FORWARD. RIGHT. THE REQUIREMENT'S THREE FEET CLEAR VISION ONLY KICKS IN 15 FEET FROM THE, FROM THE, UH, FACE OF CURB BACK. RIGHT. SO IF THE HOUSE IS, LET'S SAY 30 FEET BACK, IF YOU APPROVE THE FENCE SITE, BUT FAIL THE CLEAR VISION, YOU COULD HAVE A HIGHER FENCE UP TO 15 FEET FROM THE CURB, THEN IT WOULD HAVE TO DROP TO THREE. BUT IF WE APPROVE THE CLEAR VISION, AND THEN WHEN WE'RE TALKING ABOUT THE SPECIAL EXCEPTION, THEN TECHNICALLY THEY COULD HAVE IT HIGH ALL THE WAY AROUND. [05:00:01] BUT WE CAN ALTER THAT AS WELL. WE CAN, WE CAN SAY, HEY, WE ONLY WANT YOU TO HAVE THAT HIGH FENCE FOR SO FAR. THAT WOULD, THAT WOULD, YEAH. THE CLEAR VISION. JUST A QUICKLY TO DO IT. FEELING TOWARDS IT. YEAH. UM, AND WE DID HEAR TESTIMONY FROM THE NEIGHBOR THAT THEY, THEY DIDN'T FEEL LIKE A HIGH FENCE IN THE, IN THE, THE CLEAR VISION ISSUE WAS, WAS SOMETHING THAT SHE WAS A FAN OF. SO, UM, SO DOES, DOES ANYBODY WANT A FURTHER FRIENDLY AMENDMENT TO ADJUST THE CLEAR VISION PORTION OF THE MOTION? SO WHAT ARE YOU SAYING IN TERMS OF WHAT WOULD, WHAT SHOULD WE SAY AND CLEAR VISION? UH, IF YOU, IF, IF YOU WOULD LIKE TO WANNA REDUCE TO THREE FEET, IF YOU, IF YOU WOULD LIKE TO FORCE A THREE FOOT MAX FENCE SITE FOR THE FIRST 15 FEET FROM THE CURB, I WOULD LIKE TO FORCE A THREE FOOT FENCE SITE FOR THE FIRST 15 FEET FROM THE CURB. SO COMMISSIONER KAPLAN IS ASKING TO, UH, A FRIENDLY AMEN TO REMOVE THE CLEAR VISION FROM THIS MOTION ENTIRELY. IS IT, IS, IS THAT ACCEPTED BY THE MAKER? YES. OKAY. IS THAT ACCEPTED BY THE SECOND? YES. OKAY. SO NOW THE MOTION HAS NOW BEEN AMENDED. WE'RE CLEAR. VISION IS NO, IS BEEN STRUCK IN FENCE, MATERIAL HAS BEEN STRUCK IN, AND NOW WE'RE SO SIMPLY DEALING WITH A THREE FOOT, UH, UH, SET. UH, THE, THE CARPORT CAN NOW BE THREE FOOT FROM THE SIDE. AND, AND THEN, UM, YEAH, AND THEN A VARIANCE FROM THE FRONT FOR THE CARPORT. SO THAT'S, THAT'S THE MOTION THAT WE HAVE BEFORE US. AND IF THERE'S NO OTHER COMMENT, WE CAN ASK FOR A, UH, ROLL CALL VOTE. MS. BREGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MADA. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. MENCHACA? YEAH, I CONCUR. MS. LIN. I CONCUR. MR. ZUNIGA. I CONCUR. MS. KAPLAN I CONCUR. MR. ZUNA. I CONCUR. CHAIR ORIAN. AND I ALSO CONCUR WITH THE FINDINGS OF FACT MOTION PASSES. AND NOW WE'RE LEFT WITH THE, UH, SPECIAL EXEMPTION FENCE HEIGHT. WHO WOULD LIKE TO MAKE THAT ONE? COMMISSIONER BRAGMAN. OKAY, I'LL DO IT. NO, IT'S ALL RIGHT. I'M, I'M SURE THAT NEXT WEEK THE OTHER COMMISSIONERS WILL STEP UP, I'M SURE. I'M SURE. YEAH. REGARDING CASE NUMBER BO A DASH 22 DASH 1 0 3 0 2 5 7, MOVE THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR ONE, A THREE FOOT SPECIAL EXCEPTION FROM THE MINIMUM THREE FOOT FRONT YARD FENCE HEIGHT REQUIREMENT TO ALLOW A SIX FOOT SOLID SCREEN FENCE ALONG THE EASTERN AND WESTERN PROPERTY LINES. AND TWO, A NINE INCH SPECIAL EXCEPTION FROM THE MINIMUM, SORRY, MAXIMUM SIX FOOT SIDE AND REAR YARD'S FENCE HEIGHT REQUIREMENTS TO ALLOW A SIX FOOT NINE INCH FENCE IN THE SIDE AND REAR YARDS SITUATED AT 3 3 8 PALM DRIVE. APPLICANT BEING MARIA GONZALEZ. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS AND UNIFIED DEVELOPMENT CODE AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND THE PURPOSE OF THE CHAPTER. THE U D C STATES, THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR OFFENSE. HEIGHT MODIFICATION UPON THE SITE VISIT IS SIX FOOT SOLID. SCREEN PRIVACY FUNDS WAS OBSERVED IN THE FRONT YARD, THE DEVIATES FROM THE THREE FOOT MAXIMUM HEIGHT REQUIREMENT AND A SIX FOOT NINE INCH FENCE WAS OBSERVED IN THE SIDE AND REAR YARDS THAT DEVIATED FROM THE SIX FOOT MAXIMUM HEIGHT REQUIREMENT. IF GRANTED STAFF FINDS THE REQUEST TO BE HARMONIOUS WITH THE SPIRIT AND THE PURPOSE OF THE ORDINANCE, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THESE CRITERIA ARE REPRESENTED BY FENCE HEIGHTS TO PROTECT RESIDENTIAL PROPERTY OWNERS WHILE STILL PERMITTING A SENSE OF COMMUNITY, THE FENCES IN THE FRONT, FRONT SIDE AND REAR YARDS ARE EXCEEDING. THE MAXIMUM HEIGHT REQUIREMENT ARE SPECIAL IN OUR SOLID SCREEN. THE FENCES AT THEIR CURRENT HEIGHT APPEAR TO SERVE THE PUBLIC WELFARE AND CONVENIENCE. THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE FRONT SIDE AND REAR YARD FENCES WILL PROVIDE ADDITIONAL PRIVACY FOR NOT ONLY SUBJECT PROPERTY, BUT THE ADJACENT PROPERTIES. THEY WILL NOT SUBSTANTIALLY INJURE NEIGHBORING PROPERTY. THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY OF WHICH THE SPECIAL EXCEPTION IS SOUGHT. OTHER FENCES WERE FOUND IN THE COMMUNITY, WHICH DOES NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED BY THE SPECIFIC DISTRICT. THE CURRENT ZONING PERMITS THE CURRENT USE OF THE SINGLE FAMILY HOME. THOSE, THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. END OF MOTION. SECOND. SECOND BY COMMISSIONER MANNA. SO, UH, THIS WAS MADE AS READ. STAFF [05:05:01] IS RECOMMENDING FULL DENIAL ON THE, UH, SPECIAL EXCEPTION. HOWEVER, UH, SINCE WE'D APP DIDN'T, UH, STRUCK THE CLEAR VISION REQUIREMENT, IF YOU WERE TO FIND ACCEPTABLE THE FENCE HEIGHT IN THE FRONT, UH, IT WOULD HAVE TO BE NO, NO CLOSER THAN 15 FEET TO THE STREET. UH, THE FENCE IN THE, IN THE REAR IS ONLY ASKING FOR A NINE INCH VARIANCE, UH, WHICH I PERSONALLY HAVE NO OPPOSITION TO. UH, DOES ANY COMMISSIONER LIKE TO MAKE AN AMENDMENT TO THE MOTION AS READ? SO, QUESTION. UM, SO, UM, IF THE CLEAR VISION IS INTACT, THEN ESSENTIALLY IT'S THREE FOOT LIMITATION, 15 FOOT FROM BOTH SIDES. AND SO WHAT WE'RE, WHAT THE CURRENT, UM, MOTION IS READ ALLOWS FOR PAST 15 FEET TO THE FRONT OF THE FACADE, UM, ON BOTH THE EAST AND WEST SIDE OF THE PROPERTY TO BE SIX FOOT, CORRECT? THAT'S CORRECT. AND I THINK I HEARD THE APPLICANT OR THE NEIGHBOR SAID THAT THAT WASN'T AN ISSUE. I THINK IT WAS NOT AN ISSUE. SO, UM, SO, SO I I, I'M FINE WITH THE MOTION AS READ. UH, ANY OTHER, UH, COMMISSIONERS LIKE TO, UH, COMMENT, I I WOULD LIKE TO SEE, UH, THE THREE FOOT FROM THE, UM, STREET TO THE HOUSE. THAT AND THE CLEAR, THE CLEAR VISION, UM, ORDINANCE OBEYED? YES. AND IT, AND IT WILL BE BECAUSE WE, WE, WE STRUCK IT FROM THE PREVIOUS ONE. SO THEY, THEY CANNOT DO A FENCE SITE WITHIN 15 FEET OF THE STREET. OKAY, FINE. ALL RIGHT. THERE'S W REALLY WHAT WE'RE VOTING ON IS THE SIX FOOT NINE AROUND THE EDGES, AROUND THE, A NINE INCH VARIANCE ON THE, IN THE REAR. AND, AND, AND, BUT IN THE FRONT, SHE'S STILL ASKING TO PUT A SIX FOOT FENCE. IT JUST CANNOT BE WITHIN 15 FEET OF THE STREET. AND THEY, AND THE NEIGHBOR WASN'T OPPOSED TO THAT. SO, UH, LET'S HAVE A ROLL CALL. VOTE. MS. BREGMAN. YEAH, MAN. A SECOND. I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MENCHACA CONCUR. MS. LIND I CONCUR. MR. ZUNIGA. I CONCUR. MS. KAPLAN I CONCUR. MR. ZUNA, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. NINE TO ZERO. ALL RIGHT. ITEM NUMBER 16. I'LL HAVE TO WAIT. YES, WE'LL NEED A CONTINUANCE ON THIS ITEM, PLEASE, SO THAT WE DON'T HAVE TO REPUBLISH AND RE IS COMMISSIONER MAY NOT ALLOWED TO VOTE FOR THAT. UM, HE DOESN'T HAVE TO. HE CAN STILL ABSTAIN. WE DON'T NEED A SUPER MAJORITY ON OH, OKAY. ON THE CONTINUANCE. SO IS THERE A MOTION, UH, FOR CONTINUANCE? UH, FOR ITEM NUMBER 16, SIR, DO WE HAVE A DATE? TO WHAT DATE? 23RD. 23RD OF J OF JANUARY. MOTION FOR CONTINUANCE FOR CASE NUMBER BO O A DASH 22 DASH 0 3 2 5. EIGHT TO JANUARY 23RD. THERE. SECOND. SECOND, SECOND. SECOND BY COMMISSIONER KAPLAN. UH, LET'S HAVE A, UM, ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? MOTION PASSES. CASES CONTINUE TO JANUARY 23RD. UH, LAST WE HAVE MINUTES. YES, I MOVE TO APPROVE THE MINUTES. UH, I HAD AMENDMENTS. UH, DID ANYONE ELSE HAVE ANY, UH, FURTHER AMENDMENTS? HEARING NONE. UH, WHO MO LET'S HAVE A MOTION. WHO MOTION THAT? KAPLAN. KAPLAN. KAPLAN MOTION. THE MINUTES. IS THERE A SECOND? SECOND. SECOND. BY COMMISSIONER BRAGMAN. UH, VOICE VOTE. ALL IN FAVOR? AYE. AYE. ANY OPPOSED? MOTION PASSES. UM, LET'S SEE. IS THERE A STAFF REPORT? UH, GOOD NEWS. THE NEXT AGENDA SHOULD NOT BE AS HEAVY. . IT'S FINALLY LEVELING OUT, GUYS. SO, AND, AND, UH, WHERE ARE WE AT WITH, I MEAN, 'CAUSE WE WENT DOWN, WE DIDN'T SEEM TO HAVE ANY BODY STANDING ON DECK. HOW, HOW ARE THE ALTERNATES DOING? WE WERE DOING WELL, EXCEPT WE'VE HAD SOME ILLNESS THIS TIME AROUND, SO I THINK WE'LL BE OKAY IN THE FUTURE. IT'S JUST THE FLU'S GOING AROUND, OTHER THINGS GOING AROUND. SO, WELL, THANK YOU COMMISSIONER KAPLAN FOR STICKING WITH IT. I KNOW THAT, UH, YOU KNOW, YOU'RE UNDER THE WEATHER RIGHT NOW, SO THAT'S, UM, I'M GLAD YOU'RE GLAD YOU'RE HERE. GOT MY SECOND WIND AT THE END, . AND, AND JUST SO Y'ALL KNOW, I'M, I'M, I AM HAVING FOOT SURGERY ON THE 25TH. I WILL MOST LIKELY MISS, UH, THE FIRST MEETING IN FEBRUARY. SO COMMISSIONER ZUNE WILL BE RUNNING THAT. AND THEN, UM, DO YOU NEED TO BE SWORN IN? OKAY. WELL, BEFORE I ADJOURN, WHILE I'M THE PRESIDING OFFICER, LET ME, UM, TAKE THE OATH. UH, COMMISSIONER MENCHACA. SO, UH, REPEAT AFTER ME. UH, I, ABEL MENCHACA JR. DO SOLEMNLY SWEAR, [05:10:01] UH, THAT I HAVE NOT DIRECTLY OR, OR INDIRECTLY PAID OFFERED PRO THIS IS GETTING THAT I HAVE NOT DIRECTLY OR INDIRECTLY. I HAVE NOT. INDIRECTLY, TELL THIS WAY THAT YOU HAVE PAID, OFFERED PROMISE TO PAY, CONTRIBUTED, OR PROMISED TO CONTRIBUTE, CONTRIBUTE TO, CONTRIBUTED OR PROMISED TO CONTRIBUTE, CONTRIBUTED OR PROMISE TO CONTRIBUTE, UH, ANY MONEY OR A THING OF VALUE OR PROMISE. ANY PUBLIC OFFICE OR EMPLOYMENT, FORGIVING OR WITHHOLDING A VOTE AT THE ELECTION AT WHICH I WAS ELECTED, OR AS A REWARD TO SECURE MY APPOINTMENT OR CONFIRMATION, WHICHEVER THE CASE MAY BE. SO HELP ME, GOD. ALL RIGHT. SO, UM, I'LL GET YOU TO SIGN THAT AND, UH, THANK YOU VERY MUCH. UH, CONGRATULATIONS. SO I'LL BE, AGAIN, I'LL BE MISSING THE FIRST MEETING IN FEBRUARY. COMMISSIONER Z WILL BE TAKEN OVER AND I WILL MOST LIKELY BE, UH, WEBEX EXING IN, UH, UNTIL I'M, GET SOMEBODY TO DRIVE ME DOWN HERE AND MY, AND I GET MY LITTLE ROLLER SCOOTER GOING. SO I HEAR MIKE CALL. THIS MEETING ADJOURNED AT SIX 30. * 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.