* 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. [00:00:07] UH, STAFF, UH, YOU SAID THERE WAS GONNA BE 10 MEMBERS TODAY? YES. AND WHO ARE WE WAITING ON? ZUNIGA. OKAY. I'LL GO AHEAD AND GET STARTED. ARE THEY, UH, RECORDING? SO FIRST WE'D LIKE TO HAVE THE SPANISH INTERPRETER COME MAKE THE PRESENTATION. GOOD AFTERNOON, THIS IS GABRIELA TOLENTINO, SPANISH INTERPRETER. THANK YOU VERY MUCH. SO I'M GONNA GO AHEAD AND CALL THIS MEETING TO ORDER STAFF, IF YOU COULD PLEASE TAKE ROLL. MR. SPIELMAN. PRESENT. MR. MENCHACA? PRESENT. MS. LIN? PRESENT. MS. CRUZ? PRESENT. MR. ZUNIGA? MR. MANNA PRESENT. MS. KAPLAN? PRESENT. MS. BRAGMAN PRESENT. MR. OZUNA PRESENT CHAIR ORIAN. AND I'M ALSO PRESENT. THERE'S NINE. SEATED. WE HAVE A QUORUM. UM, BEFORE, IF EVERYONE COULD BE, PLEASE BE KIND TO SILENCE YOUR MOBILE DEVICES. UM, I'M GOING TO ASK EVERYONE TO STAND AND JOIN US FOR THE PLEDGE OF ALLEGIANCE. [ Briefing and Possible Action on the following items  ] ALRIGHT, SO BEFORE WE PROCEED WITH TODAY'S CASES, UH, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION. THE BOARD FOLLOWS AN AGENDA, WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY A NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS. FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT. LASTLY, AS CHAIR, I WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS. I ASK THAT THE BOARD MEMBER SUBMIT THESE ANNOUNCEMENTS TO ME AS THE CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING. WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL. THE BOARD IS SUPPORTED BY THE MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT, AND WE DO NOT GET 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. MAY YOU MIGHT 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 AS AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REG 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 WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD. ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER. AFTER EVERYONE HAS HEARD THE CASE, WE'LL BE CLOSED FOR AND A MEMBER OF THE BOARD WILL MAKE A MOTION. EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION. IN ORDER FOR A MOTION TO CARRY. IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES. THE BURDEN OF PROOF AND GRANTING THE RELEASE SOUGHT RESTS WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS ON WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL. SPECIAL EXCEPTIONS OR VARIANCES AREN'T MADE TO THE DISTRICT OR COUNTY COURT AT LAW. BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S. DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS OF YOUR CASE STAFF. THANK YOU, SIR. UH, 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 [00:05:01] PROPERTY WITHIN 200 FEET OF THE SUBJECT. PROPERTY CHECK MARKS INDICATE THOSE PROPERTY OWNERS IN FAVOR OF THE REQUESTS AND THE X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION. FOLLOWING THIS PRESENTATION AND ANY OTHER QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST. FOR THOSE THAT SIGNED UP TO SPEAK FOR OR AGAINST PROPOSED VARIANCE OR SPECIAL EXEMPTION. YOU'LL BE CALLED UP IN ORDER THAT YOU SIGNED UP TO SPEAK. THOSE IN SUPPORT OR IN OPPOSITION WILL BE ALLOWED A MAXIMUM OF THREE MINUTES PER SPEAKER. YOU ARE NOT OBLIGATED TO UTILIZE MAXIMUM TIME LIMITATION. FOR THOSE THAT WOULD LIKE TO GIVE THEIR TIME TO A SPEAKER. THE SPEAKER WILL, THE SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVEN THEIR TIME FOR A TOTAL OF NINE MINUTES. THOSE GIVEN UP THEIR TIME MUST BE PRESENT AND SIGNED IN TO SPEAK. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU, CHAIRMAN. THANK YOU. UH, LET THE RECORD SHOW THAT, UH, 1 0 8 COMMISSIONER ZUNIGA, UH, ENTERED THE OH 1 0 7. I'M SORRY. SO, UH, WE'VE GOT 12 ITEMS ON OUR AGENDA TODAY. I UNDERSTAND ITEM NUMBER FOUR IS REQUESTING A CONTINUANCE. UH, IS THERE ANYONE SIGNED UP TO SPEAK ON THAT ITEM OR ANY PUBLIC COMMENTARY? WE DO HAVE ONE VOICEMAIL, UH, FOR ITEM NUMBER FOUR. OKAY. I'M GONNA BE MOVING ITEM NUMBER FOUR UP TO BE HEARD. FIRST. WE'LL HEAR A VOICEMAIL AT THIS TIME. AND, UH, SIR, DID YOU HAVE, UH, DID YOU NEED TO SPEAK WITH STAFF ON SOMETHING? WELL, UH, I'M ITEM NUMBER FOUR. OKAY. YES. YES. UH, THAT'LL BE UP TO YOU, SIR. ALRIGHT, SO, REQUESTING, SIR, CAN YOU, UH, COME UP TO THE PODIUM? YES, OF COURSE. SO WHAT WE'RE GONNA DO IS WE'RE GONNA HEAR A VOICEMAIL, UH, AND THEN STAFF HAS TO MAKE A PRE A, A, A BRIEF PRESENTATION. UH, IF YOU'D LIKE TO, TO SAY, WE ALREADY KNOW YOU'RE REQUESTING TILL FEBRUARY 6TH, CORRECT? THAT'S CORRECT, YES, SIR. ALRIGHT, SO STAFF, IF YOU COULD PLAY THE VOICEMAIL, PLEASE. FOUR. THIS IS FOR AGENDA ITEM NUMBER 4 2 45 WESTFEST. GOOD AFTERNOON. MY NAME IS RONNIE GARCIA. I'M A MEMBER OF THE TIER ONE NEIGHBORHOOD COALITION STEERING COMMITTEE. MY ADDRESS IS 2 43 EAST ATCH AVENUE, SAN ANTONIO, TEXAS 7 8 2 1 2. THE TIER ONE NEIGHBORHOOD COALITION, T ONE GROUP OF NEIGHBORHOODS WITHIN AND AROUND SAN ANTONIO REPRESENTING ALMOST ALL CITY COUNCIL DISTRICTS. THE COALITION ENSURE THAT INTEGRAL PART OF THE DECISION MAKING PROCESS THAT AFFECTS SAN ANTONIO NEIGHBORHOODS. THE TIER ONE NEIGHBORHOOD COALITION STEERING COMMITTEE SUPPORTS TWO YARD PERMIT FOR THE PROPERTY LOCATED AT 2 45 WEST. YES. EXCEEDING THE TYPE TWO DENSITY LIMITATION CHARACTER OF THE NEIGHBORHOOD, THE ADJACENT ONE, PROPERTY OWNERS LOCATED ACROSS. WE RESPECTFULLY REQUEST BORDER ADJUSTMENT TO SUPPORT THE CITY'S . Q FOUR OF OUR COMMENTS, MANNA. ALL RIGHT, COMMISSIONER MANNA. SO I, I THINK I HEARD THAT TIER ONE IS SUPPORTING THE CITY'S RECOMMENDATION. IS, IS THAT WHAT I GATHERED ON THAT? YEAH. TIER ONE IS NOT IN SUPPORT OF THE APPLICANT'S. THEY'RE NOT SUPPORT OF THE APPLICANT DURING SORT SUPPORT OF THE CITY'S POSITION? THAT'S CORRECT. CORRECT. OKAY, THANK YOU. THAT'S RIGHT. SO IF THERE'S UH, NO OTHER PUBLIC COMMENT, WE WILL HEAR A BRIEF PRESENTATION BY STAFF. GOOD AFTERNOON. UH, BO O A 22 DASH 1 0 3 0 0 2 66. UH, LOCATED AT, UH, 2 45 WESTFEST STREET IN COUNCIL. DISTRICT ONE APPLICANT IS JUSTIN RAMIREZ. THIS IS A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK FACE PER THE U D C SECTION 35 DASH 3 74 0.01 C. UH, THE ZONING IS R SIX RESIDENTIAL SINGLE FAMILY, UH, APPLICANT'S REQUESTING A CONTINUANCE TO THE FEBRUARY 6TH, UH, BOARD OF ADJUSTMENT MEETING. GREAT, THANK YOU. UH, SO WE'RE GONNA ENTERTAIN A MOTION FOR CONTINUANCE, UH, IF FOR THE APPLICANT, IF THERE'S ANYTHING YOU WANT TO, UH, BRIEFLY MENTION BEFORE WE DO SO. UH, YES. THE REASON WE'RE REQUESTING A, UH, CONTINUANCE IS WE DID OBTAIN LEGAL COUNSEL. UH, I ERRONEOUSLY RECEIVED AN EMAIL ON TUESDAY THAT THIS WAS APPROVED. SO THEREFORE I NOTIFIED, UH, OUR COUNSEL THAT THEY DID NOT NEED TO CONTINUE. I ALSO HAVE PUBLIC SPEAKERS IN SUPPORT THAT WERE LINED UP. SO WHEN I SPOKE TO MR. ORTON, HE NOTIFIED ME THAT THAT EMAIL WAS ERRONEOUSLY SENT ON FRIDAY. SO I DON'T HAVE ADEQUATE TIME FOR LEGAL COUNSEL TO COME PRESENT THEIR CASE. AND I ALSO TOLD MY SPEAKERS. SO THAT'S THE REASON FOR THE VARIANCE. OKAY. AND YOU DID HEAR THAT THERE WAS, UH, TIER ONE WAS IN OPPOSITION. YES. SO YOU, UH, YOU TAKE, SHOULD TAKE THIS OPPORTUNITY OF [00:10:01] GRANTED TO, UH, SPEAK WITH THEM. SO, ALRIGHT, WELL, THANK YOU. I'M LOOKING FOR A MOTION FOR A CONTINUANCE TO JANUARY 6TH, ANNA, COMMISSIONER MANNA SHEA. UM, I'D LIKE TO, UH, MAKE A MOTION TO, UM, FEBRUARY 6TH, SORRY, FEBRUARY 6TH, UH, UH, FOR, UH, CASE BO O A, UH, ENDING 2 66, UH, TO BE CONTINUED TO FEBRUARY 6TH. IS THERE A SECOND? SECOND, SECOND. COMMISSIONER KAPLAN. UM, ALL IN FAVOR? AYE. AYE. AYE. ANY OPPOSED? NOW, MOTION IS CONTINUED TO FEBRUARY 6TH. THE CASE HAS CONTINUED TO FEBRUARY 6TH. THANK YOU. MM-HMM. . YOU'RE WELCOME. ALL RIGHT. UH, NEXT ITEM OF THE AGENDA IS ITEM NUMBER ONE. I WILL BE RECUSING AND TURNING THE MEETING OVER TO, UH, VICE CHAIR ZUNA. THANK YOU, MR. CHAIR. ITEM NUMBER ONE, BO O A DASH 22 DASH 1 0 3 0 0 2 4 0. ADDRESS BEING 9 9 5 SOUTHWEST 36TH STREET IN CITY COUNCIL. DISTRICT SIX, APPLICANT BEING ALVIN PETERS A REQUEST FOR A SEVEN FOOT SIX INCH VARIANCE FROM THE REQUIRED 15 FOOT BUFFER TO ALLOW A SEVEN FOOT SIX SIDE BUFFER NEXT TO A RESIDENTIAL LOT. TWO, A NINE FOOT NINE INCH VARIANCE FROM THE REQUIRED 15 FOOT BUFFER TO ALLOW A FIVE FOOT THREE INCH SIDE BUFFER ALONG A MINOR ARTERIAL. AND THREE, A SEVEN FOOT FOUR INCH VARIANCE FROM THE REQUIRED 10 FOOT BUFFER TO ALLOW A TWO FOOT EIGHT INCHES SIDE BUFFER ALONG A COLLECTOR. AND FOUR, A 20 FOOT VARIANT FROM THE REQUIRED 30 FOOT SIDE SETBACK TO ALLOW A STRUCTURE TO HAVE A 10 FOOT SIDE SETBACK. THE CURRENT ZONING IS C THREE. THE APPLICANT IS REQUESTING A LANDSCAPE BUFFER VARIANT FOR THEIR PROPERTY TO REDUCE THE LANDSCAPE NEXT TO A RESIDENTIAL LOT MITER MINOR, MINOR ARTERIAL ROAD AND COLLECTOR ROAD. THE BUFFER REQUIREMENT REQUIRES TREES AND SHRUBS ALONG THE PERIMETER OF THE PROPERTY. ADDITIONALLY, A SIDE SETBACK VARIANCE IS BEING REQUESTED FOR THE DEVELOPMENT UPON STAFF SITE VISITS. STAFF OBSERVE SIMILAR LOTS WITH BUFFERS AND SETBACKS OF THAT, OF WHICH IT'S BEING REQUESTED. AND HERE IS THE SITE PLAN, THE SUBJECT PROPERTY. AND HERE'S THE VIEW FROM SOUTHWEST 36TH STREET, THE VIEW FROM CASTROVILLE ROAD, AND THEN THE SURROUNDING AREAS. STAFF RECOMMENDATION FOR THE LANDSCAPE BUFFER VARIANCES AND SIDE SETBACK VARIANCE STAFF RECOMMENDS APPROVAL IN BO O A DASH 22 DASH 1 0 3 0 0 2 4 0 BASED ON THE FOLLOWING FINDINGS. ONE, THE LANDSCAPE BUFFER WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. AND TWO, THE SIDE SETBACK IS NOT OUTTA CHARACTER OF THE DISTRICT. AND HERE IS THE NOTIFICATION PLAN. STAFF MAIL TWO NOTICES, ZERO IN FAVOR, ZERO IN OPPOSITION. AND LOS CARDENAS AND WESTWOOD SQUARE HOMEOWNERS ASSOCIATION ARE OPPOSED OF THE REQUESTS. AND HERE ARE THE, UM, EMAILS FROM BOTH OF THE NEIGHBORHOOD ASSOCIATIONS, UM, INDICATING THEIR OPPOSITION. AND THIS CONCLUDES STAFF'S PRESENTATION. AND THE APPLICANT IS PRESENT TO ANSWER ANY QUESTIONS. THANK YOU. THANK YOU. UH, AT THIS POINT, UH, DO WE HAVE ANY PUBLIC COMMENT FIRST BEFORE WE BRING THE APPLICANT FORWARD? WE HAVE ONE PERSON SIGNED UP TO SPEAK. OKAY. WELL, LET'S GET THE APPLICANT UP FIRST AND THEN PUBLIC COMMENTS. ALVIN PETERS, 1 0 1 6 STATE HIGHWAY 46 EAST, BERNIE, TEXAS, THE APPLICANT. UM, IF THERE'S ANY DETAILS ABOUT THE PROPERTY, UH, IN QUESTION, PLEASE. YEAH. IF YOU WANNA KIND OF MAKE YOUR PRE PRESENTATION SURE. WHY YOU'RE SEEKING THE VARIOUS LANDSCAPE. THIS IS A TINY, TINY LOT. 8,000. LET ME, LET ME OPEN UP A PLAN HERE REAL QUICK. GET THE DETAILS. UH, 8,700 SQUARE FEET IN NATURE. TINY, UM, THREE BUFFERS. ONE, UH, UP AGAINST THE PROPERTY LINE TO THE NORTH OF IT, WHICH IS, UH, RESIDENTIAL LOTS ALONG THAT EDGE ON THE, UH, CASTROVILLE ROADSIDE, UM, UH, A VARIANCE, AGAIN GOING DOWN TO FIVE FOOT THREE. UM, AND PART OF THAT REDUCTION IS, IS TAKEN BY AN AREA WHERE YOU BACK A CAR OUT AND LEAVE THAT CAN EASILY BE REMOVED OR REDUCED IN ESSENCE THAT THAT VARIANCE COULD BE, UM, INCREASED OR DECREASED AND, AND GIVE MORE OF THE REQUIRED BUFFER. UM, THE BUFFER ALONG, UH, 36 STREET WITH IS, WHICH IS A COLLECTOR STREET AGAIN, UH, IS USED FOR PARKING ENTRANCE INTO THE SITE. WE DON'T WANT TO ENTER OFF OF CASTORVILLE ROAD. UM, YOU DON'T WANT TO ENTER OFF THE ALLEY, THEREFORE, THE ONLY WAY TO COME IN IS 36TH STREET. SO WE PUSHED THAT ENTRANCE, TWO-WAY ENTRANCE AS FAR NORTH AS WE COULD TOWARDS THE CORNER OF THE SITE. UM, WE'RE [00:15:01] ACTUALLY, UH, UH, IN CONVERSATIONS WITH VIA TO MOVE, UH, THE BUS STOP OVER A LITTLE BIT. IT'S RIGHT WHERE WE'RE ENTERING. AND, UM, YOU KNOW, THANKFULLY THAT'LL BE A, A, A NEW SIGN. UM, MAYBE A BETTER LOOKING SIGN. UM, THE, THE LOT IS CURRENTLY VACANT. IT'S A CHAIN LINK AROUND IT. PREVIOUSLY IT'S BEEN USED AS STORAGE, UH, POSSIBLY SELL OF VEHICLES BY THE DONOR, VICTOR BROCK ES I'M PRONOUNCING IT WRONG. UM, AND, AND HE WANTS TO DEVELOP IT INTO A SMALL OFFICE BUILDING, UH, 2,100 SQUARE FEET, SOMETHING HE CAN RENT TO SMALL BUSINESSES. EACH OF THOSE LEASE SPACES ARE PROBABLY AROUND FOUR TO 500 SQUARE FEET, A LITTLE OVER 500 SQUARE FEET EACH. SO SMALL BUSINESSES. UM, AND, AND JUST BARELY ENOUGH PARKING, UH, REQUIRED PARKING BY CITY, UH, ORDINANCE AND CODE, UH, TO MEET THE SQUARE FOOTAGE OF THIS STRUCTURE AND A DUMPSTER. UM, AND REMINDER, THE BUFFER ON THREE SIDES WOULD INCLUDE TREES, SHRUBS, AND GROUND COVER. SO A BIG IMPROVEMENT OVER WHAT'S CURRENTLY THERE. THANK YOU, MR. PETERS. UH, LET'S, UH, SEE IF THERE'S ANY QUESTIONS FROM FORD, MR. MANNA. SO, UH, SO THIS SHOW'S BEING CONTINUED FROM 1212, AND I DON'T RECALL WHAT THE REASONING WAS FOR, FOR, UH, FOR THE, YES. OKAY. THE, THE REASON WAS WE, I WAS NOTIFIED THAT DAY THAT THERE WAS OBJECTION FROM THE TWO NEIGHBORHOOD ASSOCIATIONS. ONE HEADED UP BY, UH, MRS. PENA AND ANOTHER ONE BY MR. ESTRADA. I, I THINK THEIR ASSOCIATIONS WERE, WAS, UH, DISPLAYED A MINUTE AGO. I, UH, CALLED THEM IMMEDIATELY. AND, UM, ONCE WE WERE GRANTED THE, UM, WHAT IS IT, IT WAS TABLED, MOVED TO THE NEXT MEETING, AND WE DID MEET EARLIER THIS MONTH. I MET WITH BOTH GROUPS AT, UH, PORT OF SAN ANTONIO, I THINK SOMETHING CALLED TECH PORT NEW BUILDING. BEAUTIFUL. AND, UM, WE TALKED AT LENGTH, UM, AND WHEN I LEFT, UM, YOU KNOW, I EXPLAINED THE PROCESS, THE DRAWINGS, THE BOARD OF ADJUSTMENTS, MEN'S ROLE IN GOING TO CITY COUNCIL AND ALL THAT. AND MY ROLE IN IT. UM, AND I'M REPRESENTING THE OWNER. UH, AND, UH, AND WE TALKED ABOUT PROS AND CONS OF BUSINESSES. I EXPLAINED TO THEM, CERTAINLY IT'S NON NO ALCOHOL ALLOWED, SO IT'LL NEVER BE A BAR UNLESS THE CITY CHANGES ITS ZONING. THERE'S CERTAIN THINGS IT WON'T BE, IT'S NOT GONNA BE A FACTORY, BUT, UM, IT COULD BE A LOT OF DIFFERENT BUSINESSES. I JUST DIDN'T, THE OWNER AT THIS TIME HAS NO IDEA WHAT THEY'RE GONNA BE. HE, HE HASN'T PRE-LEASED ANYTHING, OBVIOUSLY. UM, AND THEN KIND OF LEFT IT AT THAT. AND THEY JUST REQUESTED THAT I RELAY TO THE OWNER THAT, UH, THEY'D LIKE TO TALK TO HIM, WHICH I DID. AND, UH, I GOT OFF THE PHONE WITH HIM EARLIER TODAY AND HE DID TALK TO THEM. BUT, UM, I DON'T KNOW. I WASN'T IN THAT CONVERSATION. SO I ASKED HIM, WELL, HOW'D IT GO? HE FELT IT WENT WELL. BUT, UM, ONE OF THE BO ONE OF THE NEIGHBORHOOD ASSOCIATIONS JUST TEXTED ME, WE'RE STILL AN OBJECTION. AND I THINK THAT WAS MS. PENA, BUT, UH, SHE DIDN'T OFFER A REASON WHY. SO I'M NOT SURE WHAT HAPPENED THERE. UM, BUT I DID, I DID COMMUNICATE WITH THEM. I MET WITH THEM PERSONALLY. THANK YOU, MR. PETERS. SO, SO, UM, SO I GUESS, YOU KNOW, THE DIALOGUE THAT THEY HAD, THERE WAS DIALOGUE ABOUT A CONTINUANCE AND THEY, THEY WERE BOTH OPEN TO IT? NO, NO, NO, NO. WELL, THE CONTINUANCE WAS ALREADY YES. IT, IT STATES, YOU KNOW, THAT'S THEIR CURRENT POSITION, I GUESS. AND SOUNDS LIKE, YOU KNOW, TO ME THAT THERE'S MORE DIALOGUE MAYBE POTENTIALLY, THAT THEY WOULD LIKE TO SEE. AND SO I, SO, YOU KNOW, SO JUST AS A NOTE, YOU KNOW, THAT THAT IS, YOU KNOW, THERE'S STILL AN OBJECTION AND THEIR NOTE SITS AS EXACTLY RIGHT. AND, AND I UNDERSTAND THAT. AND, UH, BEFORE THE MEETINGS, UH, MAYBE HALF AN HOUR AGO, I CALLED THE OWNER. I SAID, WHAT DO YOU WANT ME TO DO? IF IT COMES DOWN TO, UM, YOU KNOW, KILL THE THING, IT'S GONNA BE, UH, VOTED DOWN. DO YOU WANT TO TABLE IT AND GET A CONTINUANCE, UH, SO WE CAN HAVE MORE DIALOGUE? AND HE SAID, WHATEVER, YOU KNOW, THAT WAS FINE. BUT HE STILL WANTED ME TO PRESENT TODAY AND SEE WHERE WE WERE GOING. KAPLAN, MR. KAPLAN. OKAY. UM, I SEE THAT THE OFFICE BUILDING, IT LOOKS LIKE IT'S CITED RIGHT NEXT TO THE MOBILE HOME PARK. YES. UH, WELL, THERE'S AN ALLEY THERE, SO, OKAY. UH, BUT BETWEEN THIS AND THE MOBILE HOME PARK, IS, IS THERE ANY ISSUE ON LIGHTING AT NIGHT THAT YOU'D BE LIGHTING THE, THE OFFICES AND CAUSING ISSUES? WELL, I DON'T THINK SO BECAUSE OF THE, UH, THE, THE LIGHTING OVER LA DISTRICT WE'RE ON M L O D, THE LACKLAND, I GUESS, LIGHTING. SO TYPICALLY WE, WE INSTALL, UH, CUTOFF LIGHTING, SO IT POINTS DOWN. AND THE BUILDING IS, IS SUCH SO SMALL IN NATURE. I DON'T SEE A REASON AT PARKING LOT LIGHTING. THERE MAY BE SECURITY LIGHTS. WELL, TYPICALLY THERE ARE SECURITY LIGHTS ON AN ALLEY SIDE OF A BUILDING, BUT BY ORDINANCE, THEY GOTTA BE CUT OFF LIGHTS POINTING DOWN. SO THAT'S THE NATURE. SO I, I DON'T THINK SO. WHAT, WHAT DID THEY OBJECT TO? UM, THEY, WELL, NUMBER ONE, I, SO I'M AN ARCHITECT, [00:20:01] SO I'M USED TO EXPLAINING STUFF TO PEOPLE. AND, AND WHEN I WALKED IN, THEY DIDN'T SEEM TO, THEY, THEY COULDN'T INTERPRET THE DRAWINGS. SO I WENT THROUGH IT SLOWLY WITH THEM. AND THIS IS WHAT THIS MEANS. THIS IS A BUFFER, EXPLAINED WHAT A BUFFER IS, UH, EXPLAINED THE, THE RULES FOR PARKING, EXPLAINED, YOU KNOW, THE, THE WALL OUTLINE AND, AND I GUESS PEOPLE THAT MAYBE THEY'VE NEVER PERMITTED ANYTHING OR BUILT ANYTHING. AND, AND ONCE I DID THAT, THEY, THEY GO, OH, OKAY, WE GET IT. SO IT'S A SMALL BUILDING, UH, AND YOU KNOW, IT'S GONNA BE RESIDENTIAL NEIGHBOR IN, IN NATURE. UH, THE PLATES ARE PROBABLY EIGHT OR NINE FOOT TALL. IT'S NOT A BIG 20 FOOT TALL BUILDING, SO THAT'S GOOD. I GUESS SIMILAR ROOF LINES TO WHAT'S IN THE NEIGHBORHOOD. AND WE WENT THROUGH THAT AND, AND, AND I, I, THEY DIDN'T, I HAD TO EX EXPLAIN TO THEM WHAT CODE ALLOWS, WHAT, UH, WHAT, WHAT DO WE, UH, UH, C THREE NA, WHAT THAT ALLOWS TO BUILD, WHAT THE NATURE OF THE VISITS ARE, WHICH IS A LOT OF STUFF, BUT CERTAINLY NOT BARS. AND THEY WERE HAPPY WITH THAT. CERTAINLY NOT INDUSTRIAL. THEY WERE HAPPY WITH THAT. AND, UM, THEY ASKED ABOUT OTHER OCCUPANCIES, UM, YOU KNOW, C B D SHOPS, UH, TE I GO, WELL, THOSE ARE ALLOWED. I MEAN, THAT'S UP TO THE OWNER. I, I THINK, BUT, UH, , THAT'S MAYBE A CONVERSATION YOU SHOULD HAVE FOR AN OWNER. I CAN'T GUARANTEE THAT I CAN JUST TELL YOU WHAT THE CODE ALLOWED. SO IT, IT WAS A LOT OF EXPLAINING THE WAY THE BUILDING CODE WORKS, UM, THE BUILDING ORDINANCES WORK. AND, AND YOU KNOW, I GO CERTAINLY AT ANY TIME DURING PLAN REVIEW PERMITTING, YOU CAN STILL COMMUNICATE WITH THE OWNER AND TALK TO THE OWNER. I WOULD SUGGEST DEVELOP A RELATIONSHIP WITH HIM IF YOU'RE, IF YOU LIVE HERE, KNOW YOUR NEIGHBORS. THANK YOU. BUT THAT WAS THE NATURE OF THE CONVERSATION. THANK YOU. THANK YOU. THANK YOU, MR. PETERS. SEE IF THERE'S ANY OTHER QUESTIONS ON THE BOARD. I JUST HAVE ONE MACHACA, MR. MACHACA. UH, SIR, IS THE BARB WIRE FENCE COMING DOWN? OR, OR, I'M SORRY, SIR. IS THE BARB WIRE FENCE COMING DOWN? OH YEAH, ABSOLUTELY. UM, MAYBE NOT AT THE REAR YARD. UM, AND THEN, AND THEN I THINK WE STILL, YOU STILL WANT A, YOU, YOU STILL WANT A FENCE BETWEEN RESIDENTIAL AND COMMERCIAL DEVELOPMENT. SO ALONG WHERE THE, THE RESIDENTIAL PURE RESIDENTIAL, ON THE NORTH SIDE OF SITE, THERE'S GONNA BE SOME SORT OF FENCE. AND I WOULD IMAGINE IT'S SIX FOOT UP TO A CERTAIN POINT. WE CAN'T BLOCK THE VIEW DOWN THE STREET, BUT WHETHER IT'S WOOD OR CHAIN LINK, I'M NOT SURE. BUT ALONG CASTROVILLE, I, I, I BELIEVE YOU, THAT WOULD COME DOWN AND ALONG THE STREET. THANK YOU. I, I HAVE A QUESTION TO FOLLOW UP. UM, WHAT WOULD THE HARDSHIP BE IF, IF THESE BUFFERS WERE TO, IF YOU WERE HAVE TO COMPLY WITH THE BUFFERS? UM, IT, IT'D PROBABLY BE SUBSTANTIALLY SMALLER BUILDING. MAYBE THE HARDSHIP WOULD BE, CAN'T FULLY DEVELOP IT. AND TO WHERE IT MAKES SENSE FOR THE OWNER, UH, WHERE IT MAKES SENSE. YOU KNOW, MAYBE IT'S A THOUSAND SQUARE FOOT BUILDING, MAYBE IT'S THREE PARKING SPACES. DOES THAT MAKE SENSE? AND IN HIS DECISION, MAYBE, WELL, I GOTTA SELL IT. OR IT'S A, IT'S A PARKING LOT FOREVER. IT'S A CHAIN LINK STOP THING, EMPTY LOT. I DON'T KNOW. THAT'S HIS DECISION. BUT THAT WOULD, IF IT WAS MINE, THAT WOULD BE THE HARDSHIP. GOTCHA. OKAY. THANK YOU. THANK YOU, MR. PETERS. OKAY. UH, NO OTHER QUESTIONS. UH, UH, NO OTHER QUESTIONS, UH, STAFF, CAN WE RE READ IN, I, I KNOW WE HAD SOME PUBLIC OPPOSITION OR INPUT. CAN YOU, UH, WE HAVE ONE PERSON SIGN UP TO SPEAK TO MR. JUAREZ? YES. AND GO UP THERE. STATE YOUR NAME AND ADDRESS. UM, MR. JUAREZ IS WORKING FOR THE OWNER. HE IS NOT IN OPPOSITION. I'M NOT, HE'S JUST HERE. WELL, THAT'S FINE. IF HE WANTS TO SPEAK, THAT'S FINE. UM, OKAY. OKAY. OKAY. UH, JUAREZ, HE SAW, UH, CAN WE, CAN WE GET THE TRANSLATOR? OKAY. OKAY. JUAREZ, HELLO, I'M MR. JUAREZ AND I'M VERY HAPPY WITH THIS PROJECT. EFFECTIVE, I THINK IT IS GOING TO BE A VERY EFFECTIVE PROJECT FOR THE NEIGHBORHOOD. AND I APPROVE A HUNDRED PERCENT THIS PROJECT. I APPROVED THIS PROJECT BECAUSE I THINK IT'S GOING TO BE, UH, AN OPPORTUNITY FOR NEW OFFICES, A NEW BUSINESS, AND THAT IS GOING TO HELP, UM, THE SAN ANTONIO CITY TO IMPROVE AND TO BE MORE PROSPEROUS. THANK YOU SO MUCH. AND GOD BLESS YOU, [00:25:01] MA'AM. CAN YOU ASK HIM WHERE HE LIVES, IF HE LIVES WITHIN THE 200 YARD NOTIFICATION? YES, I THINK SO. YES. TWO MILES. I DON'T THINK SO. OKAY. THANK YOU. OKAY. NO OTHER QUESTIONS? WITH NO OTHER QUESTIONS? UH, LET'S SEE. DO WE HAVE A MOTION FOR THE BOARD? MANNA? I'M SORRY. MR. UM, PETERS, WOULD YOU LIKE TO MAKE A FINAL COMMENT BEFORE WE CLOSE THE PUBLIC PORTION OF THE MEETING? UM, IF THERE'S ANY QUESTIONS, I'M HERE, PLEASE TAKE THIS OPPORTUNITY. BUT AT THE END OF THE DAY, I THINK, UH, SOME DEVELOPMENT IS BETTER THAN NONE. YOU KNOW, MY, MY GUT FAILING AND I'LL LEAVE IT AT THAT. THANK YOU, SIR. WELL, THAT CLOSES THE PUBLIC PORTION. LET'S SEE IF THERE'S ANYBODY FROM THE BOARD THAT'D LIKE TO MAKE A MOTION. MANNA, MR. MANNA. SO, UM, YOU KNOW, I, I AM HAVING CHALLENGES WITH REGARDS TO NOT HAVING THE TWO, UH, NEIGHBORHOOD ASSOCIATIONS IN THEIR POSITION. AND, YOU KNOW, I GUESS MY PREFERENCE ACTUALLY WOULD BE TO CONTINUOUS SO THAT CONTINUE THIS SO THAT THERE COULD BE ADDITIONAL DIALOGUE. UM, BECAUSE, UM, I WOULD STRUGGLE VOTING FOR IT SIMPLY 'CAUSE I DON'T KNOW ENOUGH INFORMATION. AND IF I WAS GONNA VOTE, YOU KNOW, I GUESS I WOULD LIKE TO HEAR MORE ABOUT WHAT THEIR, WHAT THEIR OPPOSITION IS. AND MAYBE THAT'S SOMETHING THAT COULD BE GATHERED SO I CAN MAKE A, YOU KNOW, A DECISION. I THINK IT'S A GOOD DEVELOPMENT. AND I, AND I THINK IT'S GREAT FOR THIS PIECE, BUT I JUST TRULY WANNA UNDERSTAND WHY IT IS THAT THEY'RE IN OPPOSITION. AND I DON'T HAVE THAT OPPORTUNITY RIGHT NOW. NOW, WITH ONE RECUSAL, WE'D HAVE TO GET A HUNDRED PERCENT OF THE NINE MEMBERS THAT ARE PRESENT HERE TODAY FOR THIS MOTION TO PASS. SO WOULD YOU BE IN FAVOR OF A CONTINUANCE OF THE, UM, THE MOTION IN FRONT OF US? I'D LIKE THE, UH, BOARD TO VOTE. THE BOARD TO VOTE, YES. OKAY. SURE. YOU UNDERSTAND? WELL, DO YOU UNDERSTAND THAT IF, IF THERE'S AN, IF IT'S VOTED DOWN, THEN IT'D BE A YEAR BEFORE YOU COULD BRING HIM UP? I SEAL EARLIER. I UNDERSTAND. OKAY. THANK YOU, SIR. THAT'S MR. CHAIRMAN? YES, SIR. I HAVE A QUESTION. UH, OR MY, UH, TO WAIT FOR THE NEIGHBORHOOD ASSOCIATION. WHICH ONE IS THAT? HUH? THERE'S ACTUALLY TWO NEIGHBORHOOD ASSOCIATIONS THAT DID NOT COME BACK AFTER THEIR DIALOGUE. AND SO I'D EITHER LIKE TO SEE THAT THERE'S STILL AN OPPOSITION, UM, AND SEE THAT, SEE THAT STATED OR, UH, TRY TO UNDERSTAND MAYBE SOME ADDITIONAL, UH, INPUT WITH REGARDS TO WHAT THEIR OPPOSITION IS. OKAY. UH, LOS WHAT? THERE WAS ONLY ONE PERSON FROM LOS THE LAST TIME AROUND THE RECOVER SCREEN. YEAH. THE SITUATION IS HERE. THAT, YEAH. SO ONE IS FROM THE WEST WESTWOOD SQUARE NEIGHBORHOOD, AND THE OTHER ONE IS, UH, THE LOS JNI NEIGHBORHOOD ASSOCIATION. YEAH. AND THAT, THAT'S NOT A MANDATORY ONES. OKAY. OKAY. THEY, THEY'RE NOT MANDATORY. SO THE THING IS, IT'S TO WAIT AND BRING THEM IN. UH, WE DON'T KNOW IF THEY'RE GONNA COME IN OR NOT FOR ONE THING. AND THAT AREA HERE, IT, IT NEEDS BUSINESSES, YOU KNOW, IT DOESN'T NEED, UH, NOT THE HOMELESS PEOPLE OR WHATEVER, AND THE TRASH MOUNTING ALL AROUND THERE. IN THIS AREA, YOU NEED BUSINESSES. AND IF YOU EVER RAN UP AND DOWN 90, AND YOU'LL SEE IT WHENEVER. AND, YOU KNOW, I DON'T, I DON'T THINK, UH, UH, THIS WOULD BE FOR ME, KNOWING PEOPLE THAT THIS WOULD BE A TOUGH DECISION TO SAY, HEY, YOU KNOW, I GO THIS WAY OR THAT WAY. SO, YOU KNOW, IT'S JUST AN INJUSTICE TO KEEP THE BUSINESSES IN THE SMALL BUSINESS AREA OUT OF THERE. YOU KNOW, EVEN IF WE GO AHEAD AND RESET IT, WHAT IS GOING TO HAPPEN MIGHT BE THE SAME APPROVED OR NOT APPROVED WITH MY THING IS, WILL ERIC AND THE OTHERS COME BACK AND, AND TO TESTIFY? THANK YOU. UH, CRUZ? YES, MS. CRUZ. UH, MR. ZUNIGA, I DON'T THINK THAT MR. MANNA IS SAYING HE WANTS THE ASSOCIATIONS HERE. HE JUST WANTS THEM TO MEET WITH THE OWNER, SO THE OWNER UNDERSTANDS WHY THEY'RE OBJECTING TO THIS PROJECT. THERE MUST BE SOMETHING ELSE IN THERE THAT WE DON'T KNOW ABOUT. AND OF COURSE, WE CAN'T ASK. SO IT'S UP TO YOU ALL. BUT I FEEL THAT, UH, UH, CANCEL, UM, UH, CONTINUANCE, UH, CONTINUANCE WOULD BE MORE FAVORABLE TO EVERYBODY HERE. THANK YOU. NO, I, I, I UNDERSTAND. THANK YOU. BUT THE THING IS THIS, IF THERE'S, UH, HAVE BEEN ATTEMPTS BY THE BUSINESS PEOPLE [00:30:01] HERE THAT ARE LOOKING AT IT, AND WHAT IS THERE, YOU KNOW, ANSWER TO WHAT YOU'RE TRYING TO BUILD. OKAY? AND, UH, YOU, YOU, YOU, YOU KNOW, I MEAN, I LIVE OVER THERE. LET'S PUT IT THIS WAY, YOU KNOW, NOT IN FAVOR OF ONE THING OR ANOTHER. RIGHT NOW, I DON'T MAKE MY MIND UNTIL CAP, THE CASE IS CLOSED. LET ME ASK YOU A QUESTION, SAY, AND PART OF THIS QUESTION, UH, DID YOU ALL MEET? I I MET WITH THE TWO BOARDS. UH, MS. PENA REPRESENTED ONE BOARD, AND MR. ESTRADA REPRESENTED THE OTHER. AND WE SPENT AN HOUR AT, UM, TECH PORT AT PORT OF SAN ANTONIO, WENT OVER IT. AND WHEN I LEFT, AND, YOU KNOW, I CALLED MR. JUAREZ, WHO'S MY, UM, UH, TRANSLATOR ON THE PROJECT, AND JUST LET 'EM KNOW, MAN, I THINK IT WENT GREAT. BUT THEY, THE BOTH, UH, BOTH INDIVIDUALS, THREE INDIVIDUALS SHOWED UP, BUT THE TWO PRESIDENTS OF THE RESPECTIVE BOARD WERE THERE. UM, THEY JUST REQUESTED THAT THEY MEET WITH THE OWNER, MR. BROCK, BROCK BROCKS. AND I SAID, OKAY. AND THEY WANTED, THEY EXPLAINED TO ME, AND I, I FEEL BAD BECAUSE THEY'RE NOT HERE TO SAY IF I'M TELLING THE TRUTH OR NOT, I WISH THEY WERE HERE. IT'S UNFORTUNATE THAT THEY'RE NOT HERE OR THEY DON'T, UH, AT LEAST GIVE THE CITY, UH, A WRITTEN RESPONSE TELLING THEM WHAT THEIR THOUGHTS ARE. BUT, UH, THIS IS WHAT I HEARD, IS THAT WE WANT TO EXPLAIN TO HIM THAT WE WANT HIM TO KEEP THE PLACE CLEAN AND KEEP VAGRANTS OUT AND EXACTLY. AND, AND, AND WE DON'T HAVE, YOU KNOW, BAD BUSINESSES. I, WELL, OBVIOUSLY, WHO DOESN'T WANT THAT IN THEIR NEIGHBORHOOD? I DIDN'T KNOW HOW TO SAY, BUT, BUT I DID LET 'EM KNOW YOU NEED TO HAVE THE CONVERSATION. AND UNTIL TODAY WHEN I, ALL I GOT WAS A TEXT FROM MS. PENA, WE DON'T SUPPORT IT AFTER SPEEDY KE WITH THE OWNER, BUT NO EXPLANATION. AND I CALLED HER BACK TO REQUEST AN EXPLANATION, BUT SHE DIDN'T PICK UP. I TALKED TO THE OWNER, I GO, WHAT HAPPENED? DID THE MEETING GO BAD? I MEAN, HE SAYS, NO, I THOUGHT IT WAS GREAT. SO I CAN'T TELL YOU NOW. WILL THEY SHOW UP NEXT TIME? WILL THEY WRITE YOU, UH, UM, YOU KNOW, A LIST OF OBJECTIONS ARCHITECTURALLY, CODE WISE, THEY'VE PRESENTED NOTHING TO ME THAT I WAS NOT ABLE TO EXPLAIN OR, OR MAKE THEM FEEL BETTER ABOUT. THANK YOU. THANK THE DIRT AND SO FORTH. I DON'T KNOW, DID WE HAVE PUBLIC, I HAVE A QUESTION, COMMENT SECTION. DID WE HAVE TO, WHAT? A PUBLIC COMMENT. 'CAUSE I HAD CLOSED PUBLIC COMMENT BEFORE WE HAD THE BOARD, UH, READY TO MAKE A MOTION. SO I JUST WANNA MAKE SURE WE'RE, YOU'RE FINE. YOU CAN OPEN OR CLOSE IT AS YOU NEED TO, TO, OKAY. YEAH. AND, AND FOR THE, FOR THE, UM, CITY, WHEN WERE THESE, UH, LETTERS SENT FROM, UM, THE, THE NEIGHBORHOOD ASSOCIATIONS? WERE THEY BEFORE OR AFTER? UH, THE GENTLEMAN MET WITH THEM? THIS WAS BEFORE THE PRIOR MEETING. THIS WAS BEFORE THE ORIGINAL, UH, B O A MEETING. OKAY. SO THE, I GUESS THAT, I GUESS THAT CLOSES KINDA THE PUBLIC PORTION THEN. AND SO WE'RE STILL LOOKING FOR A MEMBER OF THE BOARD TO MAKE A MOTION, WHETHER THAT'S I'LL TO READ THE MOTION. I'LL, I'LL MAKE A MOTION. I'LL MAKE A MOTION FOR CONTINUANCE. EVEN THOUGH THE, UM, APPLICANT WAS NOT, WAS REQUESTING THE MOTION TO BE READ TODAY, I'LL MAKE A MOTION. MOTION. OKAY. REGARDING CASE NUMBER BO A TWO DASH 22 DASH OH 3 0 24, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A ONE, A SEVEN FOOT SIX INCH VARIANCE FROM THE REQUIRED 15 FOOT BUFFER TO ALLOW A SEVEN FOOT SIX INCH SIDE BUFFER NEXT TO A RESIDENTIAL LOT. TWO, A NINE FOOT NINE INCH VARIANCE FROM THE REQUIRED 15 FOOT BUFFER TO ALLOW A FIVE FOOT THREE SIDE BUFFER ALONG A MINOR ARTERIAL. THREE A SEVEN FOOT, FOUR INCH VARIANCE FROM THE REQUIRED 10 10 FOOT BUFFER TO ALLOW A TWO FOOT EIGHT INCH SIDE BUFFER ALONG A COLLECTOR. AND FOUR, A 20 FOOT VARIANCE FROM THE REQUIRED 30 FOOT SIDE SETBACK TO ALLOW A STRUCTURE TO HAVE A 10 FOOT SIDE SETBACK SITUATED AT 9 95 SOUTHWEST 36TH STREET, APPLICANT BEING ALVIN PETERS, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE REQUESTED LANDSCAPE VARIANCES INSIDE SETBACK VARIANCES ARE NOT CONTRARY TO THE PUBLIC'S INTEREST AS THERE ARE SIMILAR LOTS IN THE AREA WITH LANDSCAPE AND SETBACKS OF WHAT IS BEING PROPOSED. TWO, DUE TO SPECIAL CONSIDERATE CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP WITHOUT THE VARIANCE, AS THE APPLICANT WOULD HAVE TO COMPLY TO THE LANDSCAPE BUFFER REQUIREMENTS INSIDE SETBACK REQUIREMENTS, THIS WOULD RESULT IN AN UNNECESSARY HARDSHIP AS THE LOT IS SMALL. THREE, BY GRANTING THE VARIANCE AND SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. REDUCING THE LANDSCAPE BUFFER REQUIREMENTS AND SIDE SETBACK REQUIREMENTS WILL OBSERVE THE SPIRIT OF THE ORDINANCE AND WILL NOT ADVERSELY AFFECT SURROUNDING PROPERTIES IN THE IMMEDIATE AREA. FOUR, THE VARIANCE [00:35:01] 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 NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE LANDSCAPE BUFFER VARIANCE IS INSIDE SETBACK, VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR 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 THEY'RE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE UNIQUE CHARACTER OF THE BUSINESS WOULD BE HINDERED BY THE EXISTING BUFFER AND SETBACK STANDARD. THANK YOU. THANK YOU. DO WE HAVE A SECOND? SECOND. SECOND, SECOND. MR. B. MS. KEVIN? YEAH. WOULD YOU, SOME, EVEN THOUGH I NORMALLY AM WITH NEIGHBORHOOD ASSOCIATIONS, BECAUSE THESE LETTERS WERE BEFORE YOU MET WITH THEM, AND YOU SEEM TO HAVE DONE WHAT YOU COULD TO, UH, WORK WITH THEM. UH, I WILL BE FOR, UM, UH, UH, VARIANCE. UH, BECAUSE IT SEEMS LIKE, I MEAN, IT IS A GOOD IDEA TO DO SOMETHING. SOMETHING IS BETTER THAN NOTHING. LEAVING A LOT VACANT. IT LOOKS LIKE, UH, YOU'RE DOING A NICE LITTLE PROJECT FOR WHICH WILL IMPROVE THE NEIGHBORHOOD AND IT DOESN'T LOOK LIKE IT WILL HURT THINGS AND, UH, HURT THE NEIGHBORHOOD. AND ALSO THERE ARE OTHER, UH, PROPERTIES THAT HAVE SIMILAR KINDS OF BUFFERS. THANK YOU, MS. KEVIN. MR. BRAGAN? I AGREE WITH MY COLLEAGUE. I'LL BE IN SUPPORT OF THE MOTION. THANK YOU. STAFF. CAN WE TAKE A ROLL? MANNA. OH, MR. MANNA. SO QUESTION FOR STAFF. UM, SO IF WE VOTE NO, UM, DO WE HAVE THE ABILITY TO, UH, CONTINUE IT AFTERWARDS OR IS IT VOTED NO? IF WE VOTED DOWN? IF IT'S A DENIAL, THEN IT GOES AWAY FOR ONE YEAR. AND THEN, UH, IF I RECUSE MYSELF OR IF I, UH, ABSTAIN FOR VOTING, UH, AND WE DON'T HAVE A QUORUM, CAN I DO THAT? IT STILL FAILS. COULD, COULD THE DISSENTING PARTY, UH, COULD THE WINNING PARTY THEN MAKE A, A MOTION TO RE REVISIT THE MOTION TO, UH, CONTINUE THE, THE MOTION UNTIL THE NEXT MEETING? IF IT, IF THE VOTE, UH, FAILS, THEN YEAH, WHOEVER IS ON THE, YOU KNOW, WINNING SIDE CAN, COULD REVISIT. SO, MR. MANDY, YOU COULD BRING UP, YOU'D HAVE TO, I'M SORRY. WELL, YOU'D HAVE TO MAKE A MOTION TO YEAH. TO RECONSIDER AND THEN GO FORWARD. WE COULD RECONSIDER FOR A CONTINUANCE OF THAT CASE. THANK YOU. OKAY. QUESTION TO STAFF AS LONG, UH, OKAY. WE CAN ASK FOR RECONSIDERATION AND, BUT AS LONG AS, UH, WHEN THE VOTE, AS LONG AS THE CHAIRMAN DOES NOT ANNOUNCE A VOTE, WE AT THAT TIME, WE CAN DO THAT. ONCE HE ANNOUNCES THE VOTE, IT'S OVER AT, AT THE SAME MEETING THAT YOU CAN, YOU CAN DO A RECONSIDERATION. OKAY. EVEN IF IT'S, UH, IF, IF IT FAILS, WE STILL CAN DO THE RECONSIDERATION ONE YEAR. AS LONG AS AT THE, AT THE SAME MEETING. YEAH. THANK YOU. UH, STAFF. CAN WE DO A ROLL CALL VOTE THEN? ON THE MOTION ON THE TABLE. MS. KAPLAN? YES. OH, MR. MINCAYE? YES. I'M FOR IT. MR. SPIELMAN? I CONCUR. MS. LIN, I CONCUR. MS. CRUZ, I DO NOT CONCUR. MR. ZUNIGA. MR. MANNA? I DO NOT CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA? YES, I CONCUR. UH, UNFORTUNATELY, UH, A VOTE OF SEVEN TO TWO. MOTION TO RECONSIDER. YEP. SO MOTION TO RECONSIDER. YES, SIR. SO, UM, I'D LIKE TO MOTION TO CONTINUE THIS TO OUR NEXT AVAILABLE DATE. CAN I DO THAT? UH, JUST DO WE HAVE A SECOND ON THE MOTION TO RECONSIDER? SECOND. SECOND. OKAY. CAN WE TAKE A ROLL CALL? VOTE ON. SO, SO THE MOTION TO RECONSIDER WOULD BE ON, ON THIS MOTION. OKAY. YOU, IF YOU'RE MAKING AN A, A, A NEW CONTINUOUS TO BE A NEW MOTION. SO WE HAVE TO VOTE ON CONSIDER FIRST. LEMME CLOSE OUT THE MOTION ON THE TABLE RIGHT NOW. YOU HAVE TO DO A MOTION TO RECONSIDER FIRST AND CLOSE THAT OUT. AND THEN A NEW MOTION CAN BE MADE. OKAY? OKAY. SO THE MOTION TO RECONSIDER FIRST MOTION IS THE FIRST MOTION, RIGHT? SO THAT, THAT MOTION CLOSES. SO THAT MOTION WAS NOT SUCCESSFUL, RIGHT? ON THE SEVEN TO TWO VOTE ON [00:40:01] THE MOTION THAT WAS READ, RIGHT? YOU'RE ON THE NEXT MOTION. NOW WE'RE ONTO THE NEXT MOTION. SO NOW WE'RE DOING A MOTION TO RECONSIDER. CORRECT. AND SO THE MOTION HAS BEEN READ. WE HAD A SECOND ON THAT MOTION. SO NOW WE TAKE A VOTE FOR THE MOTION TO RECONSIDER, UH, MR. CHAIRMAN? YES. WHAT ARE WE RECONSIDERING? SO THE MOTION TO RECONSIDER IS TO, TO ALLOW, TO ALLOW FOR A CONTINUING TO THE CASE OF THE NEXT AVAILABLE MEETING. SAY AGAIN? ALLOW, WHAT ARE WE RECONSIDERING, MR. ZIKA? IT JUST CLEARS THE PALLET, SO TO SPEAK. NO, NO, THAT'S SO THAT YOU CAN MAKE A NEW MOTION AFTER THIS MOTION. THIS IS JUST SAYING WE, THAT OTHER MOTION FAILED. WE WANNA RE RECONSIDER? NO. SO YOU'LL DO YOUR RECONSIDER VOTE AND THEN AFTER YOU DO THAT, SOMEONE WILL MAKE A MOTION FOR A CONTINUANCE TO WHICHEVER DATE THEY WOULD LIKE. OH, OKAY. OKAY. SO THE MOTION RIGHT NOW IS JUST TO RECONSIDER, RECONSIDER, GO AHEAD. THANK YOU. SO DO WE. THANK YOU MR. CHAIRMAN, ON THAT MOTION TO RECONSIDER. OKAY, SO LET'S TAKE, UH, CAN WE JUST TAKE A, A VOICE VOTE ON THAT? YES, SIR. OKAY. STUFF. ALL IN FAVOR? AYE. ANY OPPOSED? OKAY. OKAY, SO NOW WE HAVE A MOTION CONSIDERATION. SO WHAT'S THE NEXT AVAILABLE DATE? FEBRUARY 6TH. FEBRUARY 6TH IS THE NEXT, UH, DATE. I'D LIKE, LIKE TO PROPOSE CONTINUES TO FEBRUARY 6TH. SECOND. SECOND, MS. GALIN. OKAY. CAN SOMEBODY EXPLAIN WHAT WE WERE RECONSIDERING TO BRING IN THE, THE NEIGHBORHOOD ASSOCIATIONS OR JUST TO RE, RE CONTINUANCE? WE'LL, WE WILL REHEAR THE CASE ON THAT LATER DATE WITH WHATEVER EVIDENCE HE WANTS TO BRING IN. OKAY. MAKE THE ROLL CALL. VOTE PLEASE NOW. OKAY. WHATEVER E EVIDENCE THE RESPONDENT WANTS TO BRING IN. OKAY. SO, YEAH, TO MAKE SURE I UNDERSTAND. SO, UH, UH, YEAH, THAT'S WHAT I'M ASKING. I HAVE THE OPPORTUNITY, UM, I, I GOTTA EXPLAIN THIS TO THE OWNER. UH, AND, AND I DON'T HAVE AN ISSUE WITH THAT, MEET WITH THE, UH, NEIGHBORHOOD ASSOCIATIONS AGAIN, BUT MAYBE TRY TO, UH, DOCUMENT A LITTLE BIT MORE. I DON'T KNOW, MAYBE GET 'EM TO VOTE SOMETHING OR, OR MAYBE POSSIBLY, UH, I, I THINK SINCE, SO MAYBE THERE WAS A DISCONNECT BETWEEN SO YOU CAN GET WITH STAFF TO EXPLAIN YEAH. YEAH. TO WHAT? OKAY. BUT ANYWAY, I GET TO COME BACK ANOTHER SIDE. YES, SIR. YOU GET, YOU GET TO COME BACK. OKAY. OKAY. SO CAN WE TAKE A ROLL CALL, VOTE PLEASE. MR. MANNA? UH, YES. MS. BRAGMAN? YES. MR. SPIELMAN? YES. MR. MANCHACA? YES. MS. LYNN? YES. MS. CRUZ? YES. MR. ZUNIGA, I'M, I'M GOING TO GO AHEAD AND VOTE FOR RECONSIDER, BUT HOPEFUL I SHOULDN'T SAY THIS, BUT HOPEFULLY YOU'LL MEET WITH THE, THE HOME ASSOCIATIONS AND, AND YOUR DISTRICT COUNCIL FOR THAT AREA? YES. MS. KA? YES. MR. OZUNA? YES. IT'S WITH THE VOTE OF NINE TO ZERO, THE MOTION FOR CONTINUOUS PASSES. THANK YOU, SIR. ALRIGHT, NEXT CASE THEN. CAN WE BRING OUR CHAIR BACK, PLEASE? HE'S COMING. YOU DON'T? YEAH. ALRIGHT. DID YOU HAVE A ? YES. OKAY. ALL RIGHT. WE'RE GONNA, UH, TAKE A BRIEF, UH, THREE MINUTE BREAK. OKAY. WE COME BACK, [00:45:55] COME BACK INTO SESSION. THE NEXT ITEM ON THE AGENDA IS ITEM NUMBER TWO. GOOD AFTERNOON. AGENDA ITEM NUMBER TWO, BO O 8 22 1 0 3 0 0 2 4 3. ADDRESS IS 2,900 FREDERICKSBURG ROAD COUNCIL. DISTRICT ONE APPLICANT IS BUDGET SIGNS A REQUEST FOR A 30 FOOT EIGHT EIGHT INCH VARIANCE FROM THE 20 FOOT FOUR 20 FOOT 24 FOOT SIGN HEIGHT, UH, MAXIMUM TO ALLOW A SIGN TO BE 54 FEET, EIGHT INCHES TALL. THE ZONING IS C TWO COMMERCIAL, UH, DISTRICT. THE SUBJECT PROPERTY IS LOCATED ALONG FREDERICKSBURG ROAD AND THE APPLICANT IS PROPOSING TO REPLACE AN EXISTING 30 FOOT SIGN THAT WAS DAMAGED BY A STORM. THE MAXIMUM HEIGHT ALLOWED ALONG ARTERIAL B FOR FREESTANDING SIGNS IS 24 FEET, AND THE MAXIMUM SQUARE FOOTAGE ALLOWED IS 150 SQUARE FEET. THE PROPOSED SIGN MEETS THE MAXIMUM SQUARE FOOT FOOTAGE REQUIREMENT. HOWEVER, THE REQUEST IS TO ALLOW A 30 FOOT EIGHT INCH TALLER SIGN. JEFFERSON BANK HAS EXPLORED OPTIONS OF A LOWER SIGN, BUT THE LIVE OAK TREES AND CREVE MYRTLES OBSTRUCT YOU IN A LOWER MONUMENT TYPE SIGN. JEFFERSON BANK DESIRES TO MAINTAIN THE BEAUTIFUL LIVE OAKS. HOWEVER, THE BANK ALSO UNDERSTANDS THE VALUE AND IMPORTANCE OF QUALITY AND VISIBLE SIGNAGE. UPON SITE VISITS, STAFF OBSERVE SIGNS EXCEEDING THE HEIGHT LIMITATION IN THE AREA. THE SITE PLAN, THE SUBJECT PROPERTY, THIS IS WHERE THE SIGN WILL BE JUST BEHIND THE, UM, THE FLAGS THERE AND THE SURROUNDING AREA. RECOMMENDATIONS, SITE SIGN HEIGHT, MAXIMUM VARIANCE. STAFF RECOMMENDS APPROVAL M B O A 22 1 0 3 0 0 2 4 3 BASED ON THE FOLLOWING FINDINGS OF FACT, THE NEW FREESTANDING SIGN WILL REPLACE AN EXISTING SIGN DAMAGED BY A STORM AND BY ALLOWING THE 54 FEET, EIGHT INCH TALL SIGN, IT WOULD BE VISIBLE ABOVE THE EXISTING TREE LINE AND WILL NOT IMPEDE THE VISION OF CUSTOMERS LOOKING FOR NEIGHBORING COMPANIES. NOTIFICATION PLAN, 31. NOTICES WERE MILLED. ZERO IN FAVOR, ZERO IN OPPOSITION. NO RESPONSE FROM THE LOS ANGELES HEIGHTS NEIGHBORHOOD ASSOCIATION. AND ALSO MONTICELLO PARK ASSOCIATION IS, IS IN SUPPORT AND THEY'RE OUTSIDE THE 200 FEET. AND WE HAVE A EMAIL FROM THEM AS WELL. STATE? YES. THIS CONCLUDES, THAT'S PRESENTATION. AND THE APPLICANT'S REPRESENTATIVE IS AVAILABLE. UH, TWO QUICK ITEMS. UH, DID, YES, SIR. DID THE, UH, SENATE, DID THE CITY, UH, SIGN INSPECTIONS DEPARTMENT, UH, WEIGH IN ON THIS? YES, SIR. THEY, THEY DIDN'T HAVE ANY, UH, OBJECTIONS TO IT. THEY ALSO MET WITH THE SIGNED CONTRACTOR PRIOR AS WELL. AND THEN, AND THEN THE EXISTING SIGN THAT THEY'RE REPLACING, HOW TALL WAS THAT? 30 FEET, I BELIEVE. 30. 30 FEET. 30. 30. IT WAS 30. OKAY. THANK YOU. OKAY. GOOD AFTERNOON COMMISSIONERS. PATRICK CHRISTENSEN, THREE 10 SOUTH ST. MARY'S, SUITE 2,700, I DON'T BELIEVE. DO YOU WANNA HAVE A POINTER? YES. THERE WE GO. IF YOU RECALL, UM, I CAME TO YOU EAR EARLY DECEMBER. I'D JUST GOTTEN HIRED AND, UM, WANTED A CHANCE TO MEET WITH THE TWO NEIGHBORHOODS. AND, YOU KNOW, WE KINDA HAD SOME ISSUES WITH DECEMBER HOLIDAYS AND NEIGHBORHOODS AND NOT HAVE ANY MEETINGS. BUT I WAS ABLE TO MEET WITH BOTH THE LOS ANGELES HEIGHTS AND MONTICELLO PARK NEIGHBORHOOD ASSOCIATIONS. SO WHAT'S GOING ON IS, ABOUT A LITTLE OVER A YEAR AGO, THE EXISTING SIGN CABINET GOT BLEW OUT BY A WINDSTORM. AND THAT SIGN, OF COURSE WAS GRANDFATHERED, BUT NOW THEY NEED TO REPLACE THE CABINET. WE HAVE TO COME BACK FOR A VARIANCE BECAUSE WE WOULD LIKE TO USE THE SAME POLE AND KEEP THE SAME TEMPERATURE AND DATE. UM, DIGITAL SIGN. THIS IS THE SIGN WE'RE PROPOSING. IT'S ACTUALLY THIS, THE, THE SHADOW WOULD BE THE OLD SIGN. SO IT'S ACTUALLY MUCH SMALLER. NEXT SLIDE PLEASE. SO THIS IS WHERE WE STARTED IN 1970 WITH THE NEW BANK, BANK BUILDING. LITTLE TINY TREES IN THE SMALLER MONUMENT SIGN. NEXT SLIDE PLEASE. AND THIS IS KINDA WHERE WE ARE TODAY. [00:50:01] THE TREES ARE HUMONGOUS . THIS IS THE EXISTING SIGN POLE. THAT'S THE LITTLE DIGITAL SIGN. WE WOULD JUST LIKE TO REPLACE THE SIGN UP HERE. UM, SO THAT'S WHY WE'RE ASKING FOR THE SIGN VARIANCES. 'CAUSE WE GO, WE COMPLY WITH THE CODE TODAY. YOU WILL NOT BE ABLE TO SEE THE SIGN. THERE'S ALSO A ADDITIONAL SIGNAGE, BUT THEN WE HAVE THE TREES. NEXT SLIDE, PLEASE. AND I BELIEVE THE QUESTION WAS JUST ASKED ABOUT THE TOTAL HEIGHT. THE OLD SIGN TOTAL WAS 59 FEET, SIX INCHES. THE NEW SIGN WAS PROPOSING 54 FEET, EIGHT INCHES TALL. NEXT SLIDE PLEASE. AND THEN THE AREA IS MUCH SMALLER. IT WILL BE, UM, THE OLD SIGN WAS 275 SQUARE FEET. THE NEW SIGN WILL BE 156 SQUARE FEET. THAT'S MY LAST SLIDE. SO BASICALLY WHAT WE'RE ASKING FOR IS WE CAN USE THE SAME SIGN POLE, JUST PUT A NEW SMALLER SIGN ON TOP OF THAT SO WE CAN BE CLEAR OF THE TREES AND WORKING WITH THE TWO NEIGHBORHOODS. UM, LOS ANGELES HEIGHTS IS IN SUPPORT. I GUESS THEY JUST DIDN'T SEND IN THEIR EMAIL. I DID MEET WITH THEM. UM, THERE WAS CONCERN ORIGINALLY IN WHY THERE WAS ORIGINAL OPPOSITIONS. WE WERE DOING A DIGITAL SIGN AND THE SIGN WAS GONNA BE LARGER. BUT ONCE WE SHOWED 'EM THE EXHIBIT THAT IT'S NOT A, A DIGITAL SIGN, IT'S JUST A, YOUR TYPICAL CABINET WITH LIGHTING INSIDE, UH, THEY WERE FINE WITH IT. SO THAT'S KIND OF WHERE WE ARE TODAY. SO I'M RESPECTFULLY REQUEST YOUR SUPPORT AND HAPPY TO ANSWER ANY QUESTIONS. GREAT, THANK YOU VERY MUCH. IS THERE ANY PUBLIC COMMENTARY TO, FOR US TO LISTEN TO, UH, ONE VOICEMAIL? ALL RIGHT, LET'S GO. YES. THIS IS FOR AGENDA ITEM NUMBER THREE, CASE NUMBER B O A DASH 22 DASH 3 0 2 4 3 2900 FREDERICKSBURG ROAD. MY NAME IS BIANCA MALDONADO. I'M CHAIR OF THE MONTICELLO PARK ARCHITECTURAL REVIEW COMMITTEE OFFERING COMMENTS ON BEHALF OF DREA GARZA, PRESIDENT OF THE MONTICELLO PARK NEIGHBORHOOD ASSOCIATION AND THE M P N A BOARD OF DIRECTORS CO BOX +1 003-157-8201. MY PHONE NUMBER IS (210) 385-6188. IN THE SUMMER OF 2022, A SIGNIFICANT STORM HIT OUR COMMUNITY, WHICH BROUGHT STRONG WINDS AND DAMAGED THE SIGN AT JEFFERSON BANK. THE SIGN IN QUESTION IS THE TALLEST SIGN ON THE FREDERICKSBURG ROAD CORRIDOR WITH COMPARABLE SIGNS BEING LOCATED ALL THE WAY DOWN AT I 10, THE DIGITAL BILLBOARD AT 56 FEET, WHICH IS SIGNIFICANTLY, UH, A GREATER DISTANCE FROM THE LOCATION IN QUESTION. THIS IS A VERY UNIQUE SITUATION AS NO SIGNS IN THE VICINITY ARE OVER 35 FEET. WE THANK THE APPLICANT FOR AMENDING THEIR APPLICATION TO ADDRESS OUR CONCERNS AND STAFF FOR CHANGING THEIR RECOMMENDATION FACTS, FAX IN THE VICINITY. WE SUPPORT THE PROPOSED NON-DIGITAL SIGN TO BE INSTALLED IN THE SAME LOCATION AS THE PRIOR SIGN. WE NOTE THAT JEFFERSON BANK STARTED THEIR BUSINESS ON THE F ON FREDERICKSBURG ROAD DOWN BY DONALDSON AND SUPPORT THIS LEGACY BUSINESS IN THE CORRIDOR. THANK YOU FOR CONSIDERATION OF OUR COMMENTS FOR THIS CASE. THOSE ARE ALL THE PUBLIC COMMENTS. ALL RIGHT, SO IF WE HAVE ANY, UH, COMMISSIONER QUESTIONS? BRAMAN, COMMISSIONER BREGMAN, THIS IS FOR STAFF. SO ON THE CASE SUMMARY, IT, IT SAYS THAT THE EXISTING SIGN IS 30 FEET, BUT IT'S REALLY 59 FEET. IS THAT CORRECT? I DO NOT HAVE NOT SEEN THAT, UH, PRESENTATION THAT THE APPLICANT GAVE. UH, WHAT WAS THE, UH, SQUARE FOOTAGE ON THE APPLICANT PRESENTATION? WELL, IT'S NOT SQUARE FOOTAGE. IT'S, IT'S THE HEIGHT. IT LOOKS LIKE ON THE CASE SUMMARY, IT SAYS 30 FOOT SIGN, CORRECT? YEAH. UH, WE GOT THAT OFF THE APPLICATION. SO THERE MUST HAVE BEEN, UH, MISCOMMUNICATION WITH US. OKAY. SO THE EXISTING SIGN IS REALLY 59 FOOT SIX INCHES. IT APPEARS THAT WAY, BUT, UM, UH, WE'D HAVE TO LOOK AT THE OLD RECORDS TO SEE EXACTLY WHAT THE HEIGHT WAS. PATRICK CHRISTENSEN, I CAN CLARIFY. I THINK THE CONFUSION WAS FROM THE CURRENT COBRA WE'RE ASKING FOR A 30 FOOT VARIANCE AND I THINK PEOPLE GOT CONFUSED AND THOUGHT WE WERE JUST ASKING FOR A 30 FOOT SIGN. WE'RE JUST ASKING FOR A 30 FOOT VARIANCE FROM WHAT THE 24 FEET THAT'S ALLOWED. OKAY. MANNA COMMISSIONER, MANNA. UM, SO, SO THE PREVIOUS SIGN, WAS IT, UH, INSIDE LIGHTING OR INTERNAL LIGHTING? CORRECT. IT WAS ALSO INTERNAL. ALSO INTERNAL. AND SO, SO YOU'RE JUST THEY DO THE SAME TYPE SIGN. THANK YOU. COMMISSIONER SPIELMAN? UH, YEAH, I HAD A QUESTION THAT THAT'S A HUGE DIFFERENCE. I MEAN, THERE'S NOTHING ELSE ON FREDERICKSBURG ROAD EVEN CLOSE TO THE HEIGHT OF THAT SIGN. UH, THE GOODWILL ONE DOWN THE STREET IS A, YOU KNOW, LITTLE TALLER, BUT, UH, WOW, IT, IT, YOU KNOW, IN THIS DAY AND AGE, DO THEY REALLY NEED THAT? I MEAN, MOST OF THE PEOPLE GOING TO JEFFERSON BANK ARE LOOKING ON THEIR PHONE APPS. UH, MY SON WOULD NEVER EVEN BEGIN TO LOOK UP THAT HIGH WHEN HE IS DRIVING. UH, THEY'VE, THEY'VE DONE A LOT TO GET RID OF THOSE REALLY HIGH SIGNS ALONG THAT CORRIDOR. WHY DOES JEFFERSON BANK NEED A SIGN THAT TALL? IT'S TWO [00:55:01] THINGS THEY WOULD LIKE TO USE THE EXISTING POLE THAT'S THERE. THE OTHER THING IS, IF THEY LOWER THE SIGN TO WHAT THE CODE REQUIRES, THEY'RE GONNA HAVE TO CLEAR THROUGH THE TREES. I MEAN, OTHERWISE THEY'RE NOT GONNA BE ABLE TO SEE IT. AND IF THEY GO DOWN BELOW THE TREES, THERE'S JUST SO MUCH, FOR LACK OF A BETTER WORD, CLUTTER UP AND DOWN FRED ROAD. THEY'RE AFRAID NO ONE'S GONNA SEE THE SIGN AT ALL. SO THAT'S WHY WE'RE, WE'RE HERE ASKING FOR YOUR SUPPORT AND ASKING FOR THE VARIANCE SO THAT WE CAN STAY JUST ABOVE THE TREES. MR. MINKA, UH, I, I'M HAVING A LITTLE BIT OF ISSUE UNDERSTANDING THIS. YOU ASSUME THE TREES ARE NEVER GONNA GROW, THEY'RE NEVER GONNA COVER UP THE SIGN. NUMBER TWO, MOST TELEPHONE POLES ARE BETWEEN 45 AND 47 FEET. AND THIS IS ABOVE THE TELEPHONE POLES. AND THE OTHER SIGN THAT I SAW FROM JEFFERSON IN ALAMO HIGH, IT'S ALONG BROADWAY, WAS AT THE GROUND LEVEL. AND THAT'S WHERE I'M HAVING AN ISSUE WITH THIS SIGN. SO HIGH. IT, IT DEPENDS ON VISIBILITY. YOU KNOW, IF YOU CAN GO BACK TO MY SLIDE OF THE, I GUESS WHAT WAS THE SECOND NEXT ONE THERE? SO YOU CAN SEE THERE'S JUST, THERE'S A LOT OF OTHER SIGNAGE RIGHT HERE. AND WE'RE AFRAID IF WE CAN'T GET JUST ABOVE THAT TREE LINE, NO ONE WILL BE ABLE TO SEE IT. THAT'S KIND OF WHY WE'RE HERE ASKING FOR THE VARIANCE. IF WE GO DOWN, WE, YOU'RE GONNA HAVE OTHER ITEMS BLOCKING YOU FROM THE STREET AND WE GOTTA DO SOMETHING ABOUT THE TREES. AND JEFFERSON BANK REALLY DOESN'T WANNA DO ANYTHING ABOUT THE TREES. I'D LIKE TO LEAVE THE TREES THE WAY THEY ARE NOW. I UNDERSTAND THE TREES ARE, WILL CONTINUE GROWING. UM, BUT THE, THE, THE TREES, I DON'T KNOW IF THEY GET THAT MUCH TALLER BECAUSE THEY'VE BEEN PRETTY SIG PRETTY CONSISTENTLY THIS HEIGHT FOR QUITE SOME TIME. ANY OTHER QUE COMMISSIONER QUESTIONS? COMMISSIONER UNI? UH, ARE YOU USING THE SAME CABINET? NO, IT'S A SMALLER CABINET. A SMALLER CABINET. RIGHT. WELL, AFTER THE WINDSTORM WE HAD TO TAKE THE OLD CABINET DOWN. UH, IF YOU CAN GO UP DOWN ONE SLIDE. OKAY. THERE, AS YOU CAN SEE, THE, THE CABINET'S A LOT SMALLER, ABOUT A HUNDRED SQUARE FEET. OKAY. SO WE'RE TRYING TO GET SMALLER. STEPH, UH, DOES HE HAVE TO USE THE SAME CABINET OR DOES BY RIG OR CAN HE PUT A NEW ONE AND WHAT IS THE, UH, COMPLIANCE ON IT? RIGHT. THAT'S WHY HE'S HERE. HE CAN, HE CAN REDUCE THE SIZE OF THE CABINET. IT DOESN'T HAVE TO BE, THE EXACT CABINET SAID THAT HE WAS GOING CABINET. THE SQUARE FOOTAGE IS NOT ABOVE THE, UH, THE MAXIMUM SIZE OF THE SQUARE FOOTAGE FOR THE CABINET. SO THAT DOES NOT, IT'S THE HEIGHT. IT'S THE HEIGHT THAT'S IN QUESTION. SO IF IT'S NOT, YEAH, I, WHEN IT'S NOT THE SIZE, THEN REGARDLESS OF THE CODE, THEY DON'T HAVE TO, THEY CAN PUT A HIGH, A SMALLER ONE OR WHATEVER, BUT IT'S IN ANY ONE. OKAY. I'VE SEEN HERE WHERE IT SAYS, UH, IN THE CASE SUMMARY, UH, IT IS CORRECT, 30 FEET, EIGHT INCH TALLER SIGN. THAT'S THE HEIGHT AND THAT, OKAY. THAT WOULD BE FOR THE HEIGHT. OKAY. RIGHT. 'CAUSE THE MINIMUM IS 24 FEET TALL IS THE MAXIMUM HEIGHT IT COULD HAVE. AND SO HE WANTS TO HAVE A 54 FOOT EIGHT INCH TALL SIGN. OKAY. YEAH, THAT'S WHAT I WAS GOING TO ASK ON THAT. AND HERE THE, THE NEW SIGN, 54.8 WILL BE LOWER, IT'LL BE HIGHER, RIGHT? IT WILL BE LOWER THAN THE EXISTING. OKAY. YEAH, THAT'S WHAT I WAS SEEING BECAUSE I KNOW IT WAS JEFFERSON SIGN COMPLETE. OKAY, THANK YOU. MANNA COMMISSIONER MANNA, COULD I ASK STAFF TO DO A GOOGLE DRIVE, UH, IN FRONT OF THE BUILDING GOING BOTH DIRECTIONS, UH, STARTING A LITTLE BIT WAYS OUT. 'CAUSE YOU CAN SEE THE SHORT SIGN ON, ON THE ONE SIDE, UM, AND THEN SPACED POTENTIALLY FOR ANOTHER SHORT SIGN ON THE OTHER YEAH, IF YOU START FURTHER BACK. SO YEAH, SO THAT FIRST SIGN THERE TO THE RIGHT, UH, YOU'RE A LITTLE BIT OFF SCREEN, LOOKS LIKE, LOOKS LIKE IT'S ON THE PROPERTY LINE OR, OR 10 FEET OFF THE PROPERTY LINE. AND THEN IF YOU GO TO THE OTHER SIDE, THERE'S SIMILAR PARKING SPACE ON THE OTHER SIDE WITHOUT A SIGN. IF YOU KEEP GOING, THE OTHER SIDE OF THE BUILDING DOWN THE STREET, NO, UH, SAME STREET. THERE YOU GO. IF YOU KEEP GOING AND THEN TURN AROUND, KEEP GOING ONE MORE AND TURN AROUND SO THAT CORNER'S OPEN RIGHT THERE. SO, [01:00:04] SO BOTH SIDES OF CABINET SIGNS ESSENTIALLY, OR THE SMALLER SIGNS. OKAY. JUST MAKING THAT POINT. . ALL RIGHT. UH, IS THERE ANY OTHER COMMISSIONER QUESTIONS? HEARING NONE BE, UH, COMMISSIONER CRUZ S SORRY, UH, BESIDES THAT, HE JUST GOT ME TOTALLY CONFUSED. EXACTLY. WHAT WERE YOU ASKING MR. MANNA? SO THE POINT WAS IS THAT, UM, YOU KNOW, THERE'S DIALOGUE. THEY CURRENTLY HAVE A CABINET SIGN ON THE, UH, SOUTH SIDE OF THIS PROPERTY ALONG, UH, FREDERICKSBURG. AND THERE IS NOT A CABINET SIGN ON THE NORTH SIDE OF THIS PROPERTY WHERE IT COULD SUPPORT IT. AND SO, SO KIND OF THE DIALOGUE HAS BEEN, YOU KNOW, UH, DO CABINET SIGNS WORK OR DO WE NEED TO HAVE THE CENTER PILLAR WITH A TALLER SIGN THERE IN THE CENTER? AND SO, YOU KNOW, SO I GUESS JUST ANOTHER OPTION, YOU KNOW, THAT COULD BE CONSIDERED IS ANOTHER CABINET SIGN ON THAT OTHER, YOU KNOW, ON THE OTHER FACING BLOCK. SO, UM, YOU KNOW, BUT THAT SAID, I, I ACTUALLY, YEAH, SO ANYWAYS, OKAY. NOW I UNDERSTAND INSTEAD OF HAVING THE, THE TALLER SIGN, OF COURSE IT WOULD HAVE TO BE COMPLETELY REMOVED AND JUST PUT IN THE SMALLER SIGN AT THE EDGE OF THE PROPERTY, LIKE IT'S GOT IT ON THE OTHER SIDE. IS THAT CORRECT? THAT'S CORRECT. OKAY, I UNDERSTAND NOW. THANK YOU. OKAY, BRAMAN, COMMISSIONER BRAGMAN, THIS IS FOR THE APPLICANT. SO THE PHOTOGRAPHS THAT'S BEING SHOWN RIGHT NOW OF THE, OF THE SIGN, SO THE, THE CABINET THAT WE SEE RIGHT NOW, THAT'S THE DIGITAL SIGN WITH THE, THE TIME AND THE TEMPERATURE, CORRECT? CORRECT. THE BLACK PART. AND THEN, SO UP AT THE TOP THERE WHERE WE SEE A POLE ABOVE IT, THAT'S WHERE THE REPLACEMENT CABINET WOULD GO, IS THAT CORRECT? CORRECT, CORRECT. ON TOP OF THAT POLE OR IS THAT GOING THE MIDDLE OF JUST, WELL GO DOWN ONE SLIDE, SO IT'LL BE JUST RIGHT THERE ON TOP OF IT. OKAY. OH, SO IT'S, YEAH, SO YOU CAN SEE THAT IT'S LOWER. THERE'S A SMALLER DISTANCE BETWEEN THE EXISTING CABINET AND THE PROPOSED CABINET. RIGHT. GO BACK TO THE STREET. BUT IT'S ONE QUICK THOUGHT ON THE STREET VIEW. YOU, YOU CANNOT SEE THAT, THAT SMALLER SIGN FROM, FROM THE ROAD. IF YOU COULD BACK A LITTLE BIT. JUST WANTED TO LET Y'ALL SEE THAT. THANK YOU. OKAY, HOLD ON A SECOND. I HAVE A QUESTION FOR YOU TOO. STAFF, CAN YOU, YOU BRING UP, BRING UP THE APPLICANT'S PRESENTATION SHOWING THAT PICTURE FROM THE SEVENTIES. OKAY. SO, UM, BACK THEN, UH, WAS THIS, DID YOU STILL HAVE THAT SMALLER CABINET SIGN THAT COMMISSIONER MAN HAD MENTIONED ON THE SOUTH SIDE OF THE PROPERTY? THAT LOOKS LIKE IT'S ABOUT THE SAME LOCATION, JUST MAYBE CHANGED UP A LITTLE BIT, YOU KNOW. OKAY. THE REASON WHY I ASK IS IT LOOKS LIKE THE SMALLER SIGN THAT'S CURRENTLY THERE COULD BE WITHIN THE C P S EASEMENT WHERE THOSE POLES ARE, BUT THE ONE THAT YOU'RE BEFORE US TODAY LOOKS LIKE IT'S SET FURTHER BACK AWAY AND OUTSIDE OF THE EASEMENT. UH, AND SO IS THERE, DID, DID, DO YOU HAVE AN ENCROACHMENT AGREEMENT FOR THE OTHER SIGN OR IF YOU WERE TO PUT IN A DIFFERENT CABINET, SIGN IN. IS THERE SOME SORT OF NEGOTIATION THERE OR DISCUSSION WITH C P S? NOT THAT I'M AWARE OF. FROM THE, OUR OUR SIGN GUY, UM, YOU'RE JUST TRYING TO STAY OUT OF THE, THE EASEMENT ALTOGETHER. TRYING TO STAY OUT THE EASEMENT ALTOGETHER. YES. ALRIGHT. UM, IS IT ANY OTHER QUESTIONS? UH, HEARING NONE, UM, WE'LL ENTERTAIN A MOTION. UNA UH, COMMISSIONER ZUNA REGARDING CASE NUMBER BO EIGHT DASH 22 DASH 0 3 2 43. I MOVE THAT THE BOARD OF ADJUSTMENTS GRANT A REQUEST FOR A 30 FOOT EIGHT INCH VARIANCE FROM THE 24 FOOT SIGN HEIGHT MAXIMUMS TO ALLOW ASSIGNED TO BE 54 FEET, EIGHT INCHES TALL, SITUATED AT 2,900 FREDERICKSBURG ROAD. APPLICANT BEING BUDGET SIGNED BECAUSE THE TESTIMONY PRESENTED TO US THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY AS SUCH, THAT IS, THAT A LITERAL 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 UNNEC NECESSARY BECAUSE STRICT ENFORCEMENT OF THIS ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNS ON THE SITE. CONSIDERING THE UNIQUE FEATURES OF A SITE SUCH AS ITS DIMENSION OF LANDSCAPING OR TOPOGRAPHY, OR TO A DENIAL OF THE VARIANCE, WOULD PROBABLY CAUSE A CESSATION OF LEGITIMATE, LONGSTANDING ACTIVE COMMERCIAL USE OF THE PROPERTY. UH, THE PROPERTY CURRENTLY QUALIFIES FOR A SITE 24 FEET IN HEIGHT. HOWEVER, DUE TO THE HEIGHT OF THE EXISTING TREES, THE APPLICANT IS REQUESTING A VARIANCE TO ERECT A SIGN 54 FEET, EIGHT INCHES IN HEIGHT. THREE, AFTER SEEKING ONE OR MORE OF THE FINDINGS, UM, SET FORTH IN SUB PARAGRAPHS ONE AND TWO, THE BOARD FINDS THAT A GRANTING THE VARIANCE DOES NOT PROVIDE THE APPLICANT WITH THE PRIVILEGE, SPECIAL PRIVILEGE, NOT ENJOYED BY OTHERS SIMILARLY SITUATED OR POTENTIALLY SIMILARLY SITUATED. THE PROPOSED SIGN DOES NOT APPEAR TO PROVIDE A SPECIAL PRIVILEGE AND WILL NOT IMPEDE THE VISION OF CUSTOMERS WHO ARE LOOKING FOR NEIGHBORING, UH, COMPANIES IN THIS IMMEDIATE AREA. UH, BUT B GRANTING THE VARIANCE WILL NOT HAVE A SUBSTANTIALLY ADVERSE IMPACT ON NEIGHBORING PROPERTIES. THE PRO PROPOSED VARIANCE WILL NOT HAVE AN ADVERSE IMPACT ON NEIGHBORING PROPERTIES, AS MOST OF THE OTHER SIGNS ARE EXISTING AND DO NOT APPEAR TO BE EXCEEDING THE SIGN REGULATION STANDARDS. AND AS IN AS GREAT A CAPACITY AS A PROPOSED SIGN, C GRANTING THE VARIANCE WITHOUT SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSE OF THIS ARTICLE, THE REQUESTED [01:05:01] VARIANCE WOULD WITHOUT SUBSTANTIALLY CONFLICT WITH THE STATE OF PURPOSE OF THIS CHAPTER, A SIGN EXCEEDING THE 24 FEET IN HEIGHT BY 30 FEET, EIGHT INCHES WILL NOT IMPEDE THE VISION OF CUSTOMERS WHO'RE LOOKING FOR NEIGHBORING COMPANIES IN THE IMMEDIATE AREA. AND A MOTION. SECOND. SECOND, UH, GIVE THAT TO COMMISSIONER MANNA. ALL RIGHT. COMMISSIONER ZUNA. RIGHT. SO I'M GONNA BE IN SUPPORT OF THE MOTION AS READ, AND WE SAW THE COMMUNITY, UH, PROVIDE A TESTIMONY THAT THEY'RE IN SUPPORT. UH, THE APPLICANT WILL BE DOWNSIZING THE CABINET SIZE. UM, UNFORTUNATELY THEY WERE HIT BY A WIND STORM EVENT, WHICH TOOK OUT THE CABINET, UM, THE, UM, UTILIZING THE EXISTING POLE POLES, SO NO NEW CONSTRUCTION MATERIAL. AND I DO BELIEVE THAT THE, UM, THE LOCATION ABOVE THE TREE LINE IS A NECESSITY OF THE, UH, VISIBILITY FOR THE SIGNAGE AND FOR THIS, UH, LONGSTANDING, UH, UH, NEIGHBOR NEIGHBORHOOD BANK COMMISSIONER MAMMOTH, I, I ACTUALLY AM GONNA BE, UH, IN FAVOR OF THIS. I, I AGREE WITH MY COLLEAGUE. I, YOU KNOW, I JUST BROUGHT THE POINT EARLIER WITH REGARDS TO THE, UM, I GUESS THE OTHER SIGN, JUST, JUST SO, UH, 'CAUSE THERE'S SOME QUESTIONS BEING ASKED ABOUT THAT, BUT I THINK, YOU KNOW, THE, THE LONGSTANDING BUSINESS, YOU KNOW, THE, THE COMMUNITY, UH, ENGAGEMENT, ALSO THE COMMUNITY SUPPORT. UH, THE SIGN IS SMALLER. UM, AND SO, UM, SO FOR THOSE REASONS, I WILL BE SUPPORTING THIS. THANK YOU. ANY OTHER COMMISSIONERS'? LIKE TO ADD COMMISSIONER SPIELMAN? I'LL PROBABLY BE SUPPORTING THIS AS WELL. UM, I I REALLY THINK, UH, THE HEIGHT IS RIDICULOUSLY HIGH FOR THAT CORRIDOR, BUT I CAN SEE THE HARDSHIP AND, UH, EVEN THOUGH THERE SEEMS TO BE FAIRLY ADEQUATE SIGNAGE, THEY ARE JUST REPLACING WHAT HAD PREVIOUSLY BEEN THERE. THANK YOU. ANY OTHER COMMISSIONERS? UH, I'M GONNA GO AHEAD AND ADD THAT I, I'LL ALSO BE IN SUPPORT. MY REASONING IS MOSTLY BECAUSE OF THINGS HAVE CHANGED OVER THE YEARS. YOU KNOW, NOWADAYS, UH, WORK GOES ON AT FREDERICKSBURG, THEY'RE GONNA WANT A 10 FOOT SIDEWALK DUE TO THE WIDTH OF THE STREET. YOU HAVE C P S FACILITIES AND EASEMENTS THAT ARE THERE, AND, AND THEY'RE ATTEMPTING TO BUILD A SIGN THAT'S RECESSED A LITTLE FURTHER BACK THAT'S, UM, ADDITIONALLY HIDDEN BY TREES AND POSSIBLY THE BUILDING DEPENDING ON WHAT DIRECTION YOU'RE COMING FROM. SO I THINK BECAUSE IT'S SMALLER AND BECAUSE IT'S NOT AS HIGH, UH, I'LL BE IN SUPPORT, UH, ESPECIALLY SINCE THE COMMUNITY IS AS WELL. SO, WITH THAT, LET'S HAVE A ROLL CALL. VOTE. MR. OZUNA? YES, I CONCUR. MR. MANA, I CONCUR THE FINDINGS OF FACTS. MR. SPIELMAN? I CONCUR. MR. MENCHACA, I DO NOT CONCUR. MS. LYNN? I CONCUR. MS. CRUZ, I CONCUR. MR. ZUNIGA? I CONCUR. MS. KAPLAN, I CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I ALSO CONCUR THE FINDINGS OF FACT. MOTION PASSES NINE TO ONE. ALL RIGHT, NEXT CASE ITEM NUMBER THREE. GOOD AFTERNOON. AGENDA ITEM NUMBER THREE, BO O 8 22. I, SORRY, I INTERRUPT, SORRY TO INTERRUPT. LET THE RECORD SHOW THAT COMMISSIONER ARMANA, UH, HAS UH, LEFT THE MEETING AT TWO 10 FOR RECUSAL. SORRY. PLEASE CONTINUE. THAT'S ALRIGHT. UH, BO O A 22 1 0 3 0 0 2 5 8. ADDRESS IS 66 90 P ROAD COUNCIL DISTRICT SEVEN AND EIGHT. APPLICANT IS MORALES DESIGN GROUP. A REQUEST FOR A 15 FOOT VARIANCE FROM THE MINIMUM 30 FOOT REAR SETBACK TO ALLOW A STRUCTURE TO BE 15 FEET FROM THE REAR. PROPERTY DESIGN ZONING IS C THREE COMMERCIAL. THE SUBJECT PROPERTY IS LOCATED ALONG PRU ROAD, JUST EAST OF INTERSECTION HORN AND IS CURRENTLY A, A VACANT COMMERCIAL LOT. THE APPLICANT IS REQUESTING A REAR VARIANCE FOR THE DEVELOPMENT OF A GAS STATION, AND THIS IS YOUR SUBJECT PROPERTY. THE, UH, SURROUNDING AREAS, SURROUNDING AREAS. STAFF RECOMMENDATION FOR REAR SETBACK VARIANCE. STAFF RECOMMENDS APPROVAL M B O 8 22 1 0 3 0 0 2 5 8 BASED ON THE FOLLOWING FINDINGS OF FACT, THE STRUCTURE HAS NOT BEEN CONSTRUCTED AND THERE IS LIMITED AMOUNT OF SPACE AVAILABLE TO COMPLY WITH THE REAR SETBACK NOTIFICATION PLAN. STAFF MAILED OUT 23 NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION. FOUR OPPOSED OUTSIDE OF THE 200 FEET. ALAMO FARMSTEAD, BABCOCK ROAD NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION. THIS CONCLUDES STATUS'S RECOMMENDATION PRESENTATION AND APPLICANT IS AVAILABLE. THANK YOU VERY MUCH. IF THE APPLICANT PLEASE COME FORWARD. QUESTION? UH, YES. COMMISSIONER ZIKA? YES, SIR. YEAH, THIS IS, UH, THE SETBACK FOR A, A FILLING STATION GAS STATION. CORRECT. AND, UH, THAT IS, UH, A C THREE. THEY CAN BUILD A, [01:10:01] A GAS STATION THERE. THEY CAN BUILD A GAS STATION THERE. UH, THEY, HELLO? IF THEY'RE WITHIN A CERTAIN AMOUNT OF FEET, THEY HAVE TO REZONE BECAUSE OF THE NEW U D C UPDATE OF HAVING TO GAS TANK TOO CLOSE TO A RESIDENTIAL. UM, I BELIEVE THE APPLICANT IS GONNA BE DOING THAT AFTERWARDS. SO WHAT ARE YOU'RE SAYING? UH, IT HAS TO PASS HERE AS A SETBACK BEFORE IT CAN BE REZONED? SO, NO, THEY CAN, THEY CAN DO THE VARIANCE RIGHT NOW AND THE COMMERCIAL SETBACK WILL BE WHAT IT IS IF YOU APPROVE IT. HOWEVER, IF HE'S GONNA DO A GAS STATION AND THOSE TANKS OR RECEPTACLES ARE WITHIN CERTAIN AMOUNT OF FEET OF THAT PROPERTY LINE, HE'S GONNA HAVE TO REZONE, WHICH I BELIEVE IS THE CASE. OKAY, THANK YOU. GOOD AFTERNOON. I'M JAMAN MORALE MORALES WITH MORALES DESIGN GROUP. SO THIS PROPERTY WAS PURCHASED BY, UM, MY CLIENT THAT'S A CONVENIENCE STORE DEVELOPER. THIS WILL BE OUR, UH, EITHER OUR EIGHTH OR SOMEWHERE IN THEIR CONVENIENCE STORE. IT'S A ODDLY SHAPED PIECE OF, OF PROPERTY. IT'S A PIE SHAPED. UM, WE WERE ZONE Z C THREE, WHICH THE, THE FUEL STATION WITH FUEL SALES IS ALLOWED. UM, AND THE, UH, APARTMENTS BEHIND US ARE C TWO. SO ON THOSE, IT'S TYPICALLY A ZERO SETBACK LINE, BUT BECAUSE IT'S RESIDENTIAL, THEN THE 30 FOOT SETBACK COMES INTO PLAY. OKAY. SO, UH, WE'RE ASKING FOR A, UH, 15 FOOT FROM 30 TO 15 FEET AND, UM, AND WE'RE ONLY GONNA DEVELOP A SMALL PORTION OF THE PROPERTY WILL BE, DO YOU HAVE THIS? OKAY, SO WE'RE ASKING FOR, BECAUSE OF THE, THE PROPERTY WILL DICTATE THE WAY WE DEVELOP THE SITE DESIGN-WISE. SO, UM, THE TWO LINES AT THE REAR OF THE PROPERTY THAT ARE SHOWN, THE, THE, THE FIRST ONE IS THE 15 IS 15 FEET, AND THE SECOND ONE, THE LOWER ONE IS THE 30 FOOT. SO YOU CAN SEE THAT OUR BUILDING WILL, UM, WILL ONLY, UM, GO DOWN HERE. SO WE'RE ONLY ASKING FOR A SMALL PORTION. OUR, OUR BUILDING IS ONLY GONNA INTRUDE TO SMALL PORTION INTO THIS SETBACK. SO NOT THE WHOLE ENTIRE BUILDING IS GOING TO BE IN HERE. AND THAT'S IT. ALRIGHT. UM, IS THERE ANY PUBLIC, UH, COMMENTARY FOR US TO HEAR? WE HAVE ONE PERSON SIGNED UP TO SPEAK. IT'S, UH, ALMA BELLFIELD. PUT THAT UP PLEASE. THERE'S, UM, OKAY. MY NAME IS ELMA BELLFIELD. I LIVE AT 8 3 5 7 ROCHELLE ROAD. I'M REPRESENTING THE LMO FARMSTEADS BABCOCK ROAD NEIGHBORHOOD ASSOCIATION. I SERVE ON THE BOARD AS VICE PRESIDENT. YOU CAN SEE IN THIS MAP THAT THE SUBJECT PROPERTY IS IDENTIFIED BY THAT RED OUTLINE BOX. IT IS SURROUNDED BY SINGLE FAMILY AND MULTI-FAMILY RESIDENCES. THE AQUIFER RECHARGE ZONE IS ONLY 2000 FEET TO THE WEST IN THE LEON CREEK GREENWAY, AND THERE ARE TWO EXISTING GAS STATIONS 1000 FEET TO THE EAST OF THE CORNERS OF PERHAM BABCOCK BY UNANIMOUS BOARD DECISION. THE NEIGHBORHOOD ASSOCIATION OPPOSES THIS CASE. THERE ARE MAJOR ISSUES AROUND FUTURE LAND USE AND MINIMUM SETBACKS FOR GASOLINE EQUIPMENT. CUTTING THE SETBACK DISTANCE IN HALF IS A PERMANENT IMPOSITION ON THE ADJOINING NEIGHBOR'S FAIR USE AND ENJOYMENT OF THEIR PROPERTY. THAT ADJOINING PROPERTY IS MULTI-FAMILY RESIDENTIAL, NOT JUST SOME OTHER COMMERCIAL USE. SO HAVING A GAS STATION 15 FEET FROM YOUR FENCE IS A BIG DEAL. THE VARIANCE REQUESTED WOULD APPLY TO THE WHOLE REAR PROPERTY LINE, NOT TO JUST SOME SMALL SECTION. AND AS WE ALL KNOW THAT AFTER A VARIANCE IS GRANTED, THERE IS NO OBLIGATION ON CURRENT OR FUTURE OWNERS TO STICK TO THE DESIGN AS PRESENTED TODAY. THAT AREA ALONG THE PROPERTY LINE IS CURRENTLY COVERED WITH TALL TREES AND VEGETATION, WHICH WOULD SCREEN THIS NEW DEVELOPMENT FROM THE APARTMENTS BEHIND. BUT THE APPLICANT SUBMITTED PLANS SHOW [01:15:01] LARGE PORTIONS OF THAT TREE AREA BEING PAVED OVER FOR DRIVEWAYS, PARKING SPOTS, DUMPSTERS AND BUILDING STRUCTURES. THE FUTURE LAND USE OF THAT SUBJECT PROPERTY IS ACTUALLY MEDIUM DENSITY RESIDENTIAL. SO THE EXISTING SURROUNDING NEIGHBORS ON ALL SIDES HAD REASONABLE EXPECTATION THAT THIS PROPERTY WOULD ALSO BE RESIDENTIAL, NOT A GAS STATION, PARTICULARLY SINCE THE WHOLE OF PRU ROAD FROM BANDERA ACROSS BABCOCK AND THROUGH TO ALMOST FREDERICKSBURG I 10 IS SOLIDLY RESIDENTIAL. OTHER THAN THE MAJOR ARTERIAL INTERSECTIONS AT BANDERA AND BABCOCK THEMSELVES. IF THIS PROPERTY IS DEVELOPED FOR NON-RESIDENTIAL USE, IT WOULD BE EVEN MORE IMPORTANT TO MAINTAIN THE PRESCRIBED SETBACK TO PROTECT THE EXISTING RESIDENCES. BUT IN THIS PARTICULAR CASE, THERE IS AN EVEN LARGER ISSUE WITH THE DESIGN BECAUSE IT FAILS TO COMPLY WITH THE NEW U D C REGULATION THAT GAS STATION PUMPS AND TANKS BE A MINIMUM OF 100 FEET FROM THE BOUNDARY LINE OF ALL THE SURROUNDING RESIDENTIAL USES. GIVEN THE DIMENSIONS OF THE APPLICANT'S PROPERTY AND THE EXISTENCE OF RESIDENTIAL USES TO THE SOUTHWEST AND EAST, IT WILL BE DIFFICULT, IF NOT IMPOSSIBLE FOR THE APPLICANT TO POSITION THE GAS PUMPS AT THE REQUIRED DISTANCES FROM THE BOUNDARY. APPLICANT IS SEEKING A REZONING WITH SPECIAL USE TO CIRCUMVENT THESE RULES THAT WILL BE OPPOSED BY THE HOMEOWNERS ASSOCIATION WITHIN THE COMMUNITY PLAN AREAS, BUT ALSO THE ASSOCIATIONS ACROSS THE WHOLE OF SAN ANTONIO WHO SUCCESSFULLY ADVOCATED FOR THIS REGULATION ON GAS STATIONS UNTIL THOSE LARGE ISSUES OF FUTURE U LAND USE AND THE A HUNDRED FOOT MINIMUM ARE DECIDED IT WILL BE UNWISE TO GRANT ANY VARIANCE, IT WOULD EFFECTIVELY BE A BLANK CHECK ON AN UNKNOWN DESIGN FOR AN UNKNOWN USE. IN CLOSING, WE URGE YOU TO DENY THIS VARIANCE REQUEST. UH, IS THIS THE ONLY, UH, CITIZEN SIGN OF THE DISPUTE? YES, SIR. OKAY. IS THERE ANY QUESTIONS, UH, FOR THE SPEAKER? I HAVE A QUESTION, . SO I WAS, I WANTED TO GIVE OTHERS AN OPPORTUNITY. SO, UH, FROM WHAT I'M HEARING IS, IS THAT, UH, YOU'RE AGAINST IT, BUT I HEARD THAT YOU HAD MENTIONED THAT IT'S LIKE GIVING A BLANK CHECK FOR THE 30 FOOT SETBACK OR, UH, IS, IS, UM, ARE YOU AWARE THAT WE CAN GRANT A VERY LIMITED SETBACK ENCROACHMENT TO ONLY THIS ONE CORNER IN THAT PARTICULAR PLACE AND NOTHING ELSE? THAT'S NOT WHAT THE APPLICANT ASKED FOR. THAT'S NOT WHAT HAS EVER BEEN DISCUSSED, UH, BEFORE, SO OKAY, YOU'RE SAYING YOU COULD, YOU COULD CARVE OUT JUST THAT PARTICULAR AREA. BUT MY POINT IS, THE WAY HE'S POSITIONED IT ON THE LOTS, UM, HE CAN'T MEET THE MINIMUMS OF THE A HUNDRED FOOT. HE'S GONNA HAVE TO GET A SPECIAL USE, WHICH WILL BE ADAMANTLY OPPOSED, BUT AS I SAID BY THE NEIGHBORHOOD ASSOCIATIONS WITHIN THE HE LEON CREEK COMMUNITY PLAN AREA AND OUR COMPATRIOTS ACROSS THE STREET, UM, IMPROVE, BUT ALSO ALL THE PEOPLE WHO WERE INVOLVED IN THAT U D C DISCUSSION LAST YEAR WHO MANAGED TO GET THESE NEW REGULATIONS THROUGH I WA I WAS ACTUALLY A PART OF THAT. I COMPLETELY UNDERSTAND, UH, WHAT, WHAT Y'ALL ARE BRINGING UP. UH, I JUST WANT TO MAKE SURE THAT EVERYONE HERE IS AWARE THAT, THAT THAT'S A ZONING COMMISSION ISSUE, THE A HUNDRED FOOT AND NOT A B O A ISSUE. WE ARE HERE SIMPLY ABOUT THE BUILDING. AND, UM, WHAT I'M NOTICING IS, AND I DIDN'T KNOW IF, IF, IF YOUR, IF YOUR ASSOCIATION DISCUSSED THIS IS THAT HE IS, HE IS, UH, THE APPLICANT IS PROPOSING, UH, IN THIS TRIANGULAR LOT OF A RELATIVELY AVERAGE SIZED BUILDING, I THINK FOR THE ACREAGE. AND, UH, I WAS CURIOUS TO KNOW THAT, DID Y'ALL TAKE INTO CONSIDERATION, DID ACCESS TO THE DUMPSTER AND THE, AND THE, AND THE FLOW THAT GOES THROUGH THERE, WHETHER THERE'S PUMPS THERE OR NOT, IT JUST SEEMS LIKE, UM, IS DID THE APPROPRIATENESS OF THIS BEING A COMMERCIAL BUILDING, WHETHER OR NOT THEY HAD PUMPS, DID THAT COME INTO PLAY IN YOUR DISCUSSIONS? IT WAS SIMPLY THE FACT THAT IT WAS A GAS STATION. WELL, THE COMMUNITY PLAN SAYS THE FUTURE LAND USE ON THAT VACANT LOT, WHICH HAS BEEN VACANT FOREVER. MM-HMM. IS MEDIUM DENSITY RESIDENTIAL. AND THAT'S WHAT WE WOULD LIKE TO SEE THERE. MEDIUM DENSITY RESIDENTIAL, AND IF YOU LOOK AT THAT WHOLE AREA AROUND THERE, IT'S ALL RESIDENTIAL. AND ON THE CITY'S MAP, THEY SHOWED THE, THE LOT ACROSS THE STREET AT HORN AS BEING VACANT COMMERCIAL, IT'S ACTUALLY BEEN BUILT OUT AS RESIDENTIAL. OKAY. SO, SO IT ANYTHING COMMERCIAL GOES ON THERE. THE, THE POINT, THE POINT THAT THEY'RE ACTUALLY BACKING UP TO RESIDENTIAL USES IS WHY THERE'S A 30 FOOT SECT BACK IN THE FIRST PLACE. OKAY. SO OUR POINT IS YOU SHOULD STICK WITH A 30 FOOT SETBACK. IT'S THERE TO PROTECT THE RESIDENTIAL USES. OKAY. I JUST, AND, AND THE LAYOUT, WE DISAGREE WITH HIS LAYOUT OF HAVING DRIVEWAYS ON HORN. 'CAUSE WE DON'T WANT, WE DON'T WANT FUEL DUMP, UM, DELIVERY TRUCKS COMING IN ON HER HORN TRYING TO TURN LEFT. AND WE CERTAINLY DON'T WANT THEM COMING ALL THE WAY A LONGHORN PAST THE SCHOOLS PAST ALL OF OUR HOUSES TO DELIVER TO THAT CORNER. SO WE DISAGREE WITH THE, WITH HIS LAYOUT IN THE FIRST PLACE. OKAY. THANK YOU VERY MUCH. UH, ARE THERE ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? OKAY, I HAVE SOME QUESTIONS FOR THE APPLICANT. SO [01:20:01] YOU'RE CURRENTLY ZONED C THREE, BUT YOU'RE GOING FOR C THREE SS SO THAT YOU CAN, UH, DO SOMETHING ABOUT THE A HUNDRED FOOT. I THINK THAT, UM, WE'RE GONNA DEVELOP THE PROPERTY TO MEET THOSE GUIDELINES. UM, I, WHEN WE DID THIS APPLICATION, I WAS NOT AWARE OF THE A HUNDRED FOOT SETBACK TO THE ADJOINING PROPERTIES FOR THE FUEL. SO WHEN WE, WHEN I SUBMITTED THE SITE PLAN, UM, THAT, THAT WAS, I DIDN'T, I WAS NOT AWARE OF THAT AND THEN MERKO MADE ME AWARE OF THE A HUNDRED FOLKS AND, AND WOULDN'T EFFECT JANUARY. YEAH. SO THEN WE SAID, WELL, LET'S SEE IF WE CAN GET THE SETBACK FIRST AND UM, AND THEN WE'LL GO AFTER THE FUEL, THE FUEL, UH, SETBACK. OKAY. SO TRY TO GET THAT. SO WHAT WHAT I'M SEEING HERE IS, IS YOU GOT PRU ROAD, WHICH IS A, AN ARTERIAL AND IT HAS A MEDIAN CUTTING THROUGH IT. SO IS THAT, IS, CAN YOU EXPLAIN, UH, EXPLAIN YOUR ACCESS OFF OF HORN TO GET IN THERE AND HOW, HOW IT AFFECTS WHY YOUR BUILDING IS LOCATED WHERE IT IS? UH, WE DID HEAR, UM, I MEAN YOUR ZONE C THREE, BUT WE HEARD TESTIMONY THAT THE NEIGHBORHOOD ASSOCIATION IS CONCERNED WITH, RIGHT. UH, PUTTING A COMMERCIAL EN ENTITY HERE WHEN IT, WHEN THEY SAY THE FUTURE PLAN IS, IS, UH, UH, MEDIUM DENSITY RESIDENTIAL. UH, SO I MEAN RIGHT NOW YOUR ZONE C THREE CORRECT. YOU CAN PUT C THREE BUSINESS IN THERE. UM, WHAT I'M SEEING IS, IS A VERY ODDLY SHAPED LOT AND BECAUSE PROS AND ARTERIAL, YOU'D HAVE TO PUT A DRIVEWAY AT LEAST 125 FEET DOWN HORN AND BECAUSE OF THE MEDIANS, I'M TRYING TO, I'M TRYING TO ENVISION WHY YOUR BUILDING IS WHERE IT IS. UH, AND, AND CAN YOU PLEASE ENLIGHTEN US ABOUT, ABOUT, SO, UM, I CAN'T ANSWER TO WHY THE OWNER DEVELOPER WANTS TO BUILD HERE OTHER THAN I'M HIRED TO DO THE ARCHITECTURAL AND ENGINEERING ON IT. SO THEY PURCHASED THIS PIECE OF PROPERTY TO DEVELOP AS A CONVENIENCE STORE AND THEY THINK IT'S A FANTASTIC LOCATION. THIS IS A TYPICAL PROPERTY THAT WE WILL DEVELOP IN RESIDENTIAL AREAS. WE DON'T REALLY DO BIG COMMERCIAL, YOU KNOW, UH, INTERSTATE HIGHWAY TRAVEL. WE'RE MORE OF A NEIGHBORHOOD STORE. OKAY. SO, UM, SO WE'VE GOT PRO WE'VE DONE PROJECTS ALL OVER THE AREA, YOU KNOW, NEW BRONZEVILLE, SELMA, CONVERSE. WE'VE GOT A COUPLE GOING OUT AND GOING UP INTO SAN ANTONIO, E T J. OKAY, HOLD ON A SECOND. STAFF, WHEN YOU DO YOUR 200 FOOT NOTIFICATION AND IT HITS AN APARTMENT COMPLEX, DO ALL THE RESIDENTS IN THE APARTMENT COMPLEX GET A NOTICE? NOT FOR APARTMENT COMPLEX. FOR CONDOS, YES, BUT FOR APARTMENT COMPLEX, JUST THE OWNER OF THE APARTMENT COMPLEX. OKAY. AND CAN YOU PLEASE, UH, REITERATE HOW THAT, HOW THAT, UH, CAME ABOUT? WAS THERE ANY OPPOSITION? OPPOSITION FROM THE APARTMENT COMPLEX? UH, FROM ANYONE WITHIN 200 FEET. WE'VE HEARD, I MEAN OBVIOUSLY THE NEIGHBORHOOD ASSOCIATION'S NOT IN FAVOR, BUT OH, WE DIDN'T GET ANYTHING. ALL RIGHT, THANK YOU. IS THERE ANY OTHER COMMISSIONER QUESTIONS? COMMISSIONER SHANKA? UH, SIR, HOW MANY PUMPS ARE THEY? THE, WE'RE PROPOSING FOUR FOUR PUMPS. SO THE ENTRANCE WOULD BE FROM PERU AND EXIT FROM THE OTHER ROAD, IS THAT CORRECT? THAT'S CORRECT. THAT'S CORRECT. FROM HORN AND WELL, BOTH OF THOSE WILL BE, YOU KNOW, INGRESS, EGRESS, UM, UH, DRIVEWAYS SO THAT IT'S NOT GONNA BE A ONE-WAY, IT'S STAFF. CAN YOU BRING UP THE SITE PLAN, UH, ON THE MAIN SCREEN PLEASE? CAN YOU ALSO PUT IT ON THE SCREEN IN FRONT OF US? SO A QUESTION FOR THE APPLICANT. KAPLAN? YES MA'AM. MR. KAPLAN, UM, WHAT WOULD BE THE HARDSHIP IF YOU CUT OFF THAT BUILDING? UM, THERE IS, IT DOESN'T LOOK LIKE A HUGE NUMBER OF SQUARE FEET. WHAT WOULD BE THE HARDSHIP IF YOU STAYED WITHOUT NEEDING A VARIANCE? ONLY THAT THIS IS OUR STANDARD BUILDING. WE'VE BUILT THIS AT EVERY LOCATION AND FROM AN OPERATIONS, THIS IS THE WAY THEY LIKE TO DEVELOP IT. THESE HAVE, UM, THEY'LL HAVE A SMALL KITCHEN IN IT. THE POINT, I'M SORRY. OH, THAT'S OKAY. THANK YOU. YEAH, SO, SO AS YOU COME IN HERE, THIS IS OUR SALES COUNTER, AND THEN THIS IS A SMALL, YOU KNOW, DELI KITCHEN, AND THEN THIS IS THEIR SUPPORT AND THIS IS OUR RESTROOMS AND COOLER AND THEN JUST GENERAL SALES AREA. SO REALLY, UH, IS IT POSSIBLE TO MOVE PART OF THAT BEHIND INSTEAD OF ON THE SIDE? SO YOU WOULD BE WITHIN EVERYTHING, IT WOULD NOT BE AN ISSUE. YOU WOULDN'T NEED A VARIANCE THEN THE ANSWER TO THAT IS YES. YES MA'AM. IT IS, YES. IT'S, I MEAN, IF, IF WE'RE DENIED, OBVIOUSLY WE'RE JUST GONNA, I MEAN, WE'RE [01:25:01] GONNA FIGURE SOMETHING OUT. YOU KNOW, I, I THINK WE'RE GONNA DEVELOP THE SITE WITHIN THE GUIDE, THE CURRENT GUIDELINES THAT THE CITY HAS RIGHT NOW. WE JUST WANT TO PROVIDE THE COMMUNITY THE MOST OPTIMUM DESIGN WE CAN PROVIDE TO 'EM. AND I UNDERSTAND THE OPPOSITION, BUT WE STILL WANNA PROVIDE 'EM THE BEST DESIGN THAT WE CAN QUESTION? YES, SIR. COMMISSIONER ZUNIGA? YES. UH, MR. CHAIRMAN, EVEN IF, IF WE GO AHEAD AND APPROVE THE REQUEST FROM THE, THEY WOULD STILL HAVE TO GO TO ZONING, RIGHT? YES. WE, WE ALL, ALL WE HAVE BEFORE TODAY IS WHETHER IS WHAT THE APPLICANT'S ASKING FOR IS A 283, UH, SQUARE FOOT ENCROACHMENT INTO THE 30 FOOT SETBACK. AND, AND WHOEVER MAKES A MOTION CAN CERTAINLY SPECIFY THE SQUARE FOOTAGE AND ITS LOCA APPAR APPROXIMATE LOCATION AND REFERENCE THE SITE PLAN. SO THAT'S ALL THAT THEY WOULD EVER HAVE, UH, BEEN GRANTED IF IT DOES PASS. THANK YOU, MR. CHAIRMAN. THANK YOU. UH, ANY OTHER COMMISSIONER QUESTIONS? MS. CRUZ? COMMISSIONER CRUZ? UM, I'M JUST CURIOUS BECAUSE SHE BROUGHT IT UP. SO IF THE GAS STATION GOES IN THERE, DOES THAT MEAN THE TRUCKS WOULD JUST BE USING PERU ROAD TO GET IN AND OUT OF THERE BECAUSE FUEL REFUEL TO FUEL AND REFUEL BECAUSE THERE'S NO, THERE'S NO DIRECT WAY OTHER THAN PERU ROAD? AS FAR AS I CAN TELL THAT, THAT WOULD PROBABLY BE CORRECT, MA'AM. YOU KNOW, BECAUSE THAT SURE IS A LOT OF APARTMENT COMPLEXES. THAT'S THE BIGGEST PROBLEM. OKAY, THANK YOU. ? YEAH, THE 283 LOOKS LIKE IT'S ON YOUR SITE PLAN. YEAH. THAT'S, THAT'S MORE OR LESS CORRECT? YEAH. ALL THANK YOU. YEAH. SO LIKE IF WE JUST DID AN AREA, WE WOULD KIND OF PICK A RECTANGLE OUTTA THERE AND YOU'D SAY YOU'VE GOT THIS MUCH AREA TO . WELL, I MEAN, YOUR SITE PLAN HAS A, IT'S ALSO DIMENSION RIGHT WHERE THE CORNER IS. I MEAN, IT IT, CORRECT, BUT I MEAN, WE'D DO A MEETS AND BOUNDS OR SOMETHING AND SET THAT, THAT IT COULD NOT EXCEED THOSE. WELL, WE, IT, IT, IT, THE MO THE MAKER OF THE MOTION CAN, CAN DO THAT. OKAY. UM, AND, UH, THIS IS, THIS IS TOUGH TO READ, BUT IT LOOKS LIKE THE DIMENSION TO THE CORNER, UM, IT'S NOT SO EASILY READABLE. Y'ALL CAN, IT'S THAT STAFF CAN, TO THE TOP RIGHT OF THE DUMPSTER, THERE'S A DIMENSION STRING. THIS ONE HERE? YES. WHAT DOES THAT STATE? I THINK IT'S 1 36. CAN YOU SEE MEASURING? THAT'S TO THE PROPERTY AND THEN YOU ADD ANOTHER 44, SO IT'S LIKE 1 36, 4 FEET, FOUR INCHES. YEAH. SO IT WOULD, SO IT WOULD BE LIKE A HUNDRED, 180 APPROXIMATELY WITH THE CORNER BEING APPROXIMATELY 180 FEET FROM, UH, HORN? YES, SIR. OKAY. ALL RIGHT. IS, UH, ANY OTHER COMMISSIONER QUESTIONS? ALL RIGHT. HEARING NONE, UH, THANK YOU VERY MUCH. UH, WHAT WE'RE GONNA DO IS ENTERTAIN A MOTION. IS THERE ANYONE I'LL, I'LL MAKE A MOTION, UH, COMMISSIONER, BUT IF YOU'LL HELP ME WITH THE, THE CORRECT WORDING OF COURSE. SURE. I WOULD, JUST SO YOU KNOW, IT'S A APPROXIMATELY 180 FEET FROM HORN TO THE CORNER. FROM HORN TO THE CORNER. YEAH. OKAY. REGARDING CASE NUMBER BO A DASH 22 DASH 103 0 2 5 8, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A, IT'S REALLY A 280 SQUARE, 83 SQUARE FOOT VARIANCE APPROXIMATE 283 SQUARE, UH, FOR THE REAR MINIMUM REAR SETBACK TO A REAR SETBACK TO ALLOW A STRUCTURE TO BE 15 FEET FROM THE REAR PROPERTY LINE SITUATED AT 66 9 0 PER ROAD. APPLICANT BEING MORALE'S DESIGN GROUP, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE VARIANCE FOR THE REAR SETBACK TO ALLOW A STRUCTURE TO BE, UH, UH, 15 FEET FROM THE REAR PROPERTY LINE DOES NOT APPEAR TO BE, UH, WELL, IT'S REALLY 280 SQUARE. UM, IT'S REALLY NOT 15 FEET FROM THE REAR PROPERTY LINE AND DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST AS IT WILL LEAVE SUFFICIENT SPACE BETWEEN THE MULTIFAMILY DEVELOPMENT TO THE SOUTH DUE TO SPECIAL CONDITIONS. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY [01:30:01] HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT HAVING TO MAINTAIN 30 FEET FROM THE REAR PROPERTY LINE REQUIREMENT. STAFF DEFINES AN UNNECESSARY HARDSHIP DUE TO THE CONFIGURATION OF THE LOT TO ALLOW THE DEVELOPMENT OF A STRUCTURE WITH THIS REQUIREMENT. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE STRUCTURE HAS NOT BEEN CONSTRUCTED AND THE PROPOSED SETBACK IS, UM, 15 FEET FROM THE REAR PROPERTY LINE. THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED. THERE WILL BE STILL BE REASONABLE SPACE BETWEEN THE STRUCTURE AND NEIGHBORING PROPERTIES. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF DOES NOT FIND EVIDENCE THAT THE REQUESTED VARIANCE WOULD ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES, IS EXTINCT 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 AND SIZE OF THE LOT AND CONFIGURATION OF THE EXISTING PROPERTY, THE REQUEST IS NOT MERELY FINANCIAL END OF MOTION. UM, IF I CAN INTERRUPT, SORRY. UH, PROPERTY. THERE WAS A PROPERTY ON THE WEST, UM, THAT APPEARS TO JUST HAVE BEEN BUILT AS CONDOS THAT WAS NOT ON OUR MAILING LIST. UM, IT'S ACROSS THE STREET FROM HORN BOULEVARD AND WE DID NOT HAVE THE CONDO INDIVIDUAL LIST. SO IT APPEARS THAT THIS HAS TO BE RESTARTED AND ARD UH, LATER ON, UM, OKAY. YEAH, WE HAD, WE, AND I APOLOGIZE TO THE APPLICANT, BUT IF THE NOTIFICATION ISN'T DONE JUST THE RIGHT WAY, IT IT'S CAN'T BE OFFICIAL. SO, UM, IF YOU COULD PLEASE GET WITH STAFF AND TALK TO 'EM ABOUT THE NEXT DATE, UH, THAT YOU CAN COME BEFORE US AND, UH, AND, AND ALSO THINK ABOUT WHAT YOU'VE HEARD, UH, FROM THE NEIGHBORHOOD ASSOCIATION. IT MIGHT BE GOOD TO MEET WITH THEM AND, AND MAYBE PUT SOME, UH, ADDITIONAL INFORMATION ON YOUR SITE PLAN TO ENSURE THAT, YOU KNOW, YOU'RE NOT VERY LIMITED AS WHAT YOU'RE REQUESTING FROM THE, FROM THE BOARD. OKAY. ALL RIGHT. THANK YOU. THANK YOU VERY MUCH. STAFF. UH, THE CASE WE SPOKE ABOUT AT THE BEGINNING OF THE MEETING WAS AT NUMBER, THAT THAT WAS ITEM 10. YES. ALL RIGHT. I'M GONNA BE MOVING ITEM NUMBER 10, UH, TO BE HEARD NEXT. MR. CHAIRMAN. WHAT? YES. COMMISSIONER ZUNIGA. UH, WE DIDN'T MAKE A DECISION ON THIS ONE NOW. THE, THE NOTIFICATION WAS, UH, NOT, NOT DONE CORRECTLY. UH, DO WE HAVE TO TAKE THE MOTION OFF THE TABLE? NO, IT JUST GOES AWAY. THEY'LL HAVE TO RE NOTIFY AND IT'LL COME BEFORE US AT A FUTURE DATE. SO IT DOESN'T HAVE TO TAKE YOU. YOU, YOU DON'T HAVE TO TAKE IT OFF THE TABLE. NO, WE DON'T. NO. WHAT IS NUMBER TWO? WHAT IS HE? 2 36? COMMISSIONER MANEZ, UH, REENTER THE MEETING. OH, THANK YOU. I THINK THAT'S IT. THIS IS ITEM NUMBER 10, RIGHT? [01:35:07] OKAY. ITEM NUMBER 10 IS BO O A DASH 22 DASH 0 3 0 2 63. ADDRESS BEING 2001 SANTIAGO, CHER IN THE CITY COUNCIL DISTRICT NUMBER FIVE, APPLICANT BEING BLANCA LARA. A REQUEST FOR ONE, A ONE FOOT SIX INCH VARIANCE TO THE MINIMUM REQUIRED 20 FOOT REAR SETBACK FOR A STRUCTURE TO BE 18 FOOT SIX INCHES FROM THE REAR PROPERTY. LINE TWO, A TWO FOOT SIX INCH SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT FRONT HEIGHT, FRONT FENCE HEIGHT REQUIREMENT TO ALLOW A FIVE FOOT SIX INCH SOLITARY FENCE IN THE FRONT YARD. THREE A 19 FOOT NINE INCH VARIANCE FROM THE 25 FOOT MINIMUM CLEAR VISION REQUIREMENT TO ALLOW A SOLID SCREEN PRIVACY FENCE TO BE FIVE FOOT THREE INCHES FROM THE CORNER CURB. FOUR. A FOUR FOOT VARIANT FROM THE 15 FOOT MINIMUM CLEAR VISION REQUIREMENT TO ALLOW A SOLID SCREEN PRIVACY FENCE TO BE 11 FEET FROM THE SIDE YARD DRIVEWAY. FIVE. A 10 FOOT VARIANT FROM THE 15 FOOT MINIMUM CLEAR VISION REQUIREMENT TO ALLOW A SOLID SCREEN FENCE TO BE FIVE FEET AWAY FROM THE FRONT DRIVEWAY. SIX. A FOUR FOOT 11 VARIANT FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE ONE INCH FROM THE SIDE PROPERTY LINE. SEVEN. A VARIANCE FROM THE FENCE MATERIALS TO ALLOW CORRUGATED METAL ALONG THE REAR PROPERTY LINE. AND EIGHT, A VARIANT FROM THE MAXIMUM 50% IMPERVIOUS COVER REQUIREMENT TO ALLOW THE FRONT YARD TO EXCEED THE 50% IMPERVIOUS COVER. THE CURRENT ZONING IS R FOUR, THE SUBJECT PROPERTY LOCATED ALONG SANTIAGO STREET, SOUTHWEST OF THE INTERSECTION OF SOUTH SARAZA, MORRIS STREET AND GUADALUPE STREET. THE APPLICANT SUBMITTED PLANS TO OBTAIN A BUILDING PERMIT, HOWEVER, WAS STOPPED DUE TO A VARIANCE NEEDED FOR THE REAR SETBACK. UPON SITE VISITS, STAFF OBSERVED ADDITIONAL VARIANCE REQUESTS NEEDED FOR THE FRONT AND SIDE SETBACK, CLEAR VISION AND IMPERVIOUS COVER. ADDITIONALLY, THE APPLICANT WOULD NEED TO OBTAIN A SPECIAL EXCEPTION FOR A FRONT FENCE HEIGHT. AND HERE IS THE SITE PLAN, THE SUBJECT PROPERTY, THE LOCATION OF THE PROPOSED STRUCTURE IN THE REAR YARD AND THE CORRUGATED METAL SCENE. UM, ALONG THE FENCE, THE FRONT YARD FENCE HEIGHT, THE CORNER CURB CLEAR VISION MEASUREMENT, THE SIDE DRIVEWAY, CLEAR VISION MEASUREMENT, THE FRONT DRIVEWAY, CLEAR VISION MEASUREMENT, THE SIDE YARD SETBACK, AND THEN THE SURROUNDING AREAS. STAFF RECOMMENDATION, REAR INSIDE SETBACK, IMPERVIOUS COVER, CLEAR VISION AND CORRUGATED METAL VARIANCES. STAFF RECOMMENDS DENIAL AND BO O A DASH 22 DASH 1 0 3 0 0 2 6 3 BASED ON THE FOLLOWING. ONE, THE PROPOSED AND EXISTING DISTANCES FOR THE REAR SIDE AND FRONT SETBACKS DO NOT PROVIDE ADEQUATE SPACING BETWEEN STRUCTURES AND NEIGHBORING PROPERTIES. TWO. THE IMPERVIOUS COVERAGE LIMITATION MAINTAINS THE MANAGEMENT OF STORMWATER BY LESSENING RUNOFF. THREE. SORRY. UH, FOUR. THE CURRENT CLEAR VISION DISTANCE INFLICT ON THE SAFETY OF VEHICULAR TRAFFIC. AND FIVE RESTRICTIONS IN FENCE MATERIALS ARE PUT INTO PLACE FOR SAFETY MEASURES AND UNIFORMITY WITHIN A RESIDENTIAL DISTRICT. STAFF RECOMMENDATION. THE FENCE HEIGHT SPECIAL EXCEPTION STAFF RECOMMENDS DENIAL AND BO O A DASH TWO TWO DASH 1 0 3 0 2 63. UH, BASED ON THE FOLLOWINGS, ONE SOLID SCREEN FENCES WERE NOT OBSERVED IN THE SURROUNDING NEIGHBORHOOD, THEREFORE, THE ADDITIONAL HEIGHT FOR THE FRONT YARD FENCE COULD ADVERSELY INJURE NEIGHBORING PROPERTIES. TWO, THERE'S NO ESTABLISHED PRECEDENCE FOR SOLID SCREEN FENCES IN THE IMMEDIATE AREA. STAFF RECOMMENDATION FOR THE REAR SETBACK VARIANCE STAFF RECOMMENDS APPROVAL FOR A ONE FOOT SIX INCH VARIANCE TO THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT FOR A STRUCTURE TO BE 18 FOOT SIX INCHES FROM THE REAR PROPERTY LINE BASED ON THE FOLLOWING. AND 18 FOOT SIX INCH REAR SETBACK IS IN THE REAR YARD, WHICH IS NOT CONTRARY TO THE PUBLIC INTEREST AS IT IS SHIELDED FROM THE PUBLIC EYE AND TWO SMALLER LOTS WITH SIMILAR SETBACKS WERE OBSERVED IN THE IMMEDIATE AREA. AND HERE IS THE NOTIFICATION PLAN. STAFF MAILED 51 NOTICES, ZERO IN FAVOR, ZERO IN OPPOSITION. AND CHARRO NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION OF THE REQUEST. AND THIS CONCLUDES STAFF'S PRESENTATION. AND THE APPLICANT IS PRESENT TO ANSWER ANY QUESTIONS AND SHE'S GOING TO NEED A TRANSLATOR AS WELL. OKAY. AND I JUST WANTED TO BE CLEAR ON YOUR RECOMMENDATION THAT YOU ARE APPROVING, WHICH IS THE, UH, REAR SETBACK. IS THAT, IS THAT TO COVER THE EXISTING STRUCTURE? THE REAR SETBACK IS FOR THE PROPOSED, UM, [01:40:01] STRUCTURE IN THE REAR. OKAY, THANK YOU. IS A PROPOSED ADDITION. OKAY. MY NAME IS RA AND I'M HERE TO SEE WHAT THE ISSUE IS AND WHICH NEIGHBORS ARE IN OPPOSITION TO SEE WHAT WE CAN DO TO CORRECT THIS AND DO THE RIGHT THING. OKAY. UM, I'M JUST GONNA ASK A FEW QUESTIONS. UM, CAN YOU ASK THE APPLICANT IF, IF, UH, IF HE HAS A PERMIT FOR ANY OF THE WORK IN QUESTION? YES. WE GOT A PERMIT FOR EVERYTHING THAT WE DID AND WE ACTUALLY GOT A POLICE OFFICER TO THAT TOLD US THAT WE NEEDED TO GET THIS PERMISSION FROM YOU TO GET THE, UH, FENCE JUST AS IS BECAUSE THERE HAS BEEN SOME SHOOTINGS AROUND THERE, SO WE GOT IT FOR OUR OWN SAFETY. OKAY. ALL RIGHT. UM, WE'RE GONNA HOLD ON ONE SECOND AND SEE IF THERE'S ANYBODY SIGN UP TO SPEAK OR PUBLIC COMMENTARY STAFF. IS THERE ANYONE SIGN UP TO SPEAK OR COMMENTARY ON THIS? THERE IS ONE PERSON SIGNED UP TO SPEAK THAT IS, IT SAYS, UH, BLANCA. WELL, NEVERMIND THE APPLICANT. OKAY. UH, DOES THE A HAVE ANYTHING ELSE TO, TO TELL US BEFORE WE OPEN IT UP FOR QUESTIONS? NO, JUST, UH, WANNA KNOW WHAT'S WRONG WITH MY FENCE SO THAT I CAN FIX IT AND ALSO SO THAT I CAN HAVE A FENCE TO PROTECT MYSELF BECAUSE I'M, I'M IN DANGER THERE. OKAY. UH, ARE THERE ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? MANNA COMMISSIONER MANNA? SO, UH, THE NEIGHBORHOOD ASSOCIATION EL UH, WAS IN OPPOSITION. DID YOU HAVE A CHANCE TO TALK TO THEM AT ALL? MM-HMM. , THEY'VE ACTUALLY NEVER BEEN IN AGREEMENT WITH ANYTHING THAT I DO. UH, YESTERDAY AN INSPECTOR WENT BY AND HE SAID THAT MY FENCE WAS RIGHT ON THE SIDE OF LIMITATIONS, AND I SAID, HOW IS IT RIGHT ABOVE LIMIT, LIKE THE, UM, PROPERTY LIMITS IF ACTUALLY IT'S PLACED IN THE RIGHT, UH, SPOT, AND THEY'VE JUST ALWAYS BEEN THAT WAY. OKAY. ANY OTHER QUESTIONS? QUESTION? UH, COMMISSIONER KAPLAN? SO ACCORDING TO THE PHOTOGRAPH, IT LOOKS LIKE THIS PROPOSED NEW STRUCTURE EXISTS. IS THAT TRUE? IS THE BUILDING BUILT ALREADY? IT SAYS HERE, PROPOSED NEW STRUCTURE, AND THEN IF YOU LOOK AT THE PHOTOGRAPH, IT'S BUILT. IT EXISTS ALREADY? YES, IT'S THERE, BUT IF YOU WANT ME TO TAKE IT DOWN, I'LL TAKE IT DOWN AND TAKE IT DOWN BECAUSE, UM, I WAS IN BOXING FOR A LONG TIME AND MR. WHEN MR. AELA PASSED AWAY, THEN THEY HAD NO OTHER PLACE TO GO TO BOX. SO I BUILT THAT SO THAT THEY WOULDN'T GET WET AND HAVE A PLACE TO PRACTICE. BUT IF YOU WANT ME TO TAKE IT DOWN, I'LL TAKE IT DOWN. I THINK THE FIRST QUESTION THAT WAS ASKED WAS, DID YOU HAVE A PERMIT TO BUILD? [01:45:02] YOU BUILT IT WITHOUT A PERMIT, THEN I GOT A PERMIT TO EXPAND MY HOUSE. I GOT A PERMIT TO EXPAND MY HOUSE STAFF. WAS THERE A PERMIT ISSUED ON THIS, UH, ADDRESS? TRADE PERMITS? THERE WAS A MINOR REPAIR OF A BUILDING ISSUED IN JULY OF 2021. OKAY. BUT ANY OTHER PERMITS ARE PENDING THE OUTCOME OF THIS. ALL RIGHT, SO A FOLLOW UP QUESTION WITH STAFF IS, UM, THIS SITE, UH, ACCORDING TO GOOGLE STREET, LOOKS LIKE IT HAS A, UM, LIKE A TREE HOUSE STRUCTURE. ARE, ARE ANY OF THE VARIANCES OF THE REQUESTING COVERING ANYTHING THAT MIGHT BE EXISTING? THERE WAS, THERE WAS A TREE HOUSE AND THEN ANOTHER STRUCTURE, BUT THE APPLICANT HAS INDICATED TO US THAT HE HAS TAKEN THOSE DOWN. OKAY. ALL RIGHT. THANK YOU. UH, ANY OTHER COMMISSION QUESTIONS? ALL RIGHT. HEARING NONE, UH, THANK YOU VERY MUCH. IF THERE'S ANYTHING YOU'D LIKE ADD, THAT HOUSE HAS ALREADY BEEN TAKEN DOWN AND THE CHICKEN COOP HAS ALSO BEEN TAKEN DOWN, SO I DON'T KNOW WHAT YOU WANT NOW. OKAY, THANK YOU. SO WITH THAT, UM, I'M LOOKING FOR A MOTION. THERE'S EIGHT ITEMS, UH, ON THIS, UH, STAFF IS RECOMMENDING DENIAL FOR EVERYTHING EXCEPT FOR, UH, THE REAR SETBACK VARIANCE MANANA. COMMISSIONER MANANA REGARDING CASE NUMBER BO A 2 2 1 0 3 2 6 3, I MOVED AT THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR ONE A ONE FOOT SIX INCH VARIANCE TO, UM, TO THE MINIMUM REQUIRED 20 FOOT REAR SETBACK AS DESCRIBED IN SECTION 35 3 10 0 1 FOR A STRUCTURE TO BE 18 FOOT SIX INCHES AWAY FROM THE REAR PROPERTY LINE. SPECIFICALLY, LET'S SEE, UM, UM, UM, SITUATED AT 2 0 1 SANTIAGO STREET, APPLICANT BEING, UH, BLANCA LAR BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN AN A UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC. THE APPLICANT IS REQUESTING A VARIANCE TO THE REAR SETBACK. THE PROPOSED DISTANCE TO THE REAR PROPERTY LINE IS 18 FEET, SIX INCHES, AND ONE INCH TO THE SIDE OR, AND PERIOD. UM, THESE DISTANCES PROVIDE ADEQUATE SPACING, UH, BETWEEN STRUCTURES AND NEIGHBORING PROPERTIES. 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 ALTERING THE PROPOSED AND EXISTING, UH, TO ABIDE BY THE 20 FOOT REAR SETBACK REQUIREMENTS. UH, THIS WOULD, UH, RESULT IN AN UNNECESSARY HARDSHIP AS OPPOSED, UH, ADDITION EXISTING STRUCTURE CANNOT BE ALTERED TO MEET THE SETBACK REQUIREMENT. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE REQUESTED VARIANCE WILL OBSERVE THE SPEAR OF THE ORDINANCES AS THESE REQUESTS PROVIDE AN ACCEPTABLE DISTANCE BETWEEN STRUCTURES, PROPERTY LINES, AND CURVES. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. IT GRANTED THE EXISTING PROPOSED STRUCTURE, UM, UH, WILL BE SITUATED AT PROPOSED DISTANCES, WHICH IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACT OF THE DISTRICT. AS THE SURROUNDING PROPERTIES HAVE SIMILAR SETBACK DISTANCES, THE PROPOSED VARIANCES WILL NOT ALTER OR INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY. THEY'RE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH A VARIANCE OF SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE PROPERTY BEING LOCATED ON A CORNER LOT IN SMALL AND SIZE. UH, CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL. UM, I TENDED TO READ THIS, UM, WITH, UH, THIS CITY'S RECOMMENDATION. SO, UM, UM, SO ONLY ITEM ONE WAS INCLUDED. YEAH, SIR. YEAH. IS THERE A SECOND? SECOND. SECOND. BY COMMISSIONER BRAGMAN. COMMISSIONER MANDA? UM, YES. MY INTENT WAS TO READ THIS AS A, AS A CITY RECOMMENDATION. UM, I I AGREE WITH THE CITY POSITION, UH, WITH REGARDS TO THE REAR SETBACK, AND SO I'LL BE VOTING IN FAVOR OF THAT. ALL RIGHT, COMMISSIONER BRAGMAN, I CONCUR WITH MY COLLEAGUE. ANY OTHER COMMISSIONERS LIKE TO ADD, UH, HEARING NONE, LET HAVE A ROLL CALL VOTE. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. [01:50:01] 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. UNA? YES, I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. UH, MOTION PASSES UNANIMOUSLY. UH, IS THERE A COMMISSIONER WHO WOULD LIKE TO ENTERTAIN A MOTION, UH, FOR THE, UH, SPECIAL EXCEPTION? IF THE MOTION IS NOT READ, THEN WE CAN MOVE ON AND HEAR THE NEXT CASE. HEARING NONE, UH, SIR. SO WE, WE PASSED, UM, THE VARIANCE FOR THE ONE FOOT SIX INCH SETBACK, BUT NONE OF THE OTHER REQUESTS ARE GRANTED TODAY. SO, UM, IF YOU COULD PLEASE GET WITH STAFF AND TALK TO THEM ABOUT WHAT YOUR NEXT STEPS ARE. YES. THANK YOU. ALL RIGHT. THE NEXT ITEM IS ITEM NUMBER FIVE. AGENDA ITEM FIVE, BO O 8 22 1 0 3 0 0 2 3 3. ADDRESS IS 3 3 8 SINISA DRIVE COUNCIL DISTRICT SEVEN. APPLICANT IS GILBERT RODRIGUEZ. A REQUEST FOR A ONE A FIVE FOOT VARIANCE FROM THE MAXIMUM 10 FOOT FRONT YARD CARPORT, MAXIMUM HEIGHT IN THE JEFFERSON NEIGHBORHOOD DISTRICT DESIGN STANDARDS TO ALLOW A CARPORT TO BE 13 FEET ONE INCH. SO WE HAD A, WE HAD A, UH, CHANGE HERE. UH, TWO. A REQUEST FOR A FRONT YARD CARPORT, ROOF DESIGN VARIANCE FROM THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT DESIGN STANDARDS TO ALLOW A CARPORT TO HAVE A PITCHED ROOF. THREE, A REQUEST FOR A FIVE FOOT VARIANCE FROM THE 10 FOOT MINIMUM FRONT SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE FIVE FEET FROM THE FRONT PROPERTY LINE. AND FOR A REQUEST FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE YARD REQUIREMENT TO ALLOW A CARPORT TO BE ONE INCH FROM THE SIDE PROPERTY LINE ZONING IS R SIX. CAN YOU GO TO THE SITE PLAN REAL QUICK? THE SITE PLAN REAL QUICK? YEAH. THIS IS YOUR SITE PLAN AND WE'LL GO BACK TO THE CASE SUMMARY. THE APPLICANT COMPLAIN HAS CONSTRUCTED A CARPORT THAT MEASURES 13 FEET, ONE INCH HEIGHT, AND A PITCHED ROOF. THE PROPERTY IS LOCATED WITHIN JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT, WHICH ALLOWS CARPORTS UP TO 10 FEET IN HEIGHT, AND THE ROOF DESIGNED TO BE FLAT. THE CONSTRUCTION, THE CONSTRUCTED CARPORT VIOLATES THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT DESIGN STANDARDS. IN ADDITION TO THE CARPORT IS THE CARPORT IS FIVE FEET FROM THE FRONT PROPERTY LINE AND ONE INCH FROM THE SIDE PROPERTY LINE. THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT WAS ESTABLISHED IN APRIL 16TH, 2009. HERE'S TO THE SUBJECT PROPERTY. HERE'S THE CARPORT AND HERE'S THE OVERHANG, AND IT'S THE DETACHED PORTION, JUST A PICTURE OF UNDERNEATH THE CARPORT AND YOUR SURROUNDING AREAS. RECOMMENDATION, JEFFERSON N C D DESIGN STANDARDS VARIATION VARIANCE, FRONT AND SIDE SETBACK STAFF RECOMMENDS DENIAL. AND BILL 8 22 1 0 3 0 0 2 3 3 BASED ON THE FOLLOWING FINDINGS, THE CARPORT CARPORT DOES NOT UPHOLD THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT DESIGN STANDARDS AND ENOUGH ROOM EXISTS WITHIN A SETBACKS FOR A CARPORT. STAFF. RECOMMENDATION FOR SIDE SETBACK VARIANCE STAFF RECOMMENDS DENIAL WITH AN A ALTERNATE RECOMMENDATION FOR A THREE FOOT SIDE SETBACK FROM THE SIDE PROPERTY LINE AND BO O A 22 1 0 3 0 0 2 3 3. BASED ON THE FOLLOWING FINDINGS, THE SECTION STRUCTURE CAN ADEQUATELY BE SET BACK THREE FEET FROM THE SIDE PROPERTY LINE, AND THERE IS A POSSIBLE WATER RUNOFF TO THE NEIGHBORING PROPERTIES. NOTIFICATION PLAN, 24 NOTICES WERE MILLED OUT. UH, THREE IN FAVOR, TWO IN OPPOSITION, ONE OF OUTSIDE 200 FEET. NO RESPONSE FROM THE WOOD ON LAKE HOMEOWNERS ASSOCIATION AND THE JEFFERSON HOMEOWNERS ASSOCIATION IS OPPOSED. AND HERE IS THE EMAIL FROM THE JEFFERSON HOMEOWNERS ASSOCIATION. AND, UH, REAL QUICK, UH, WE HAD REQUESTED THE, THAT THE CARPORT WAS 15 FEET, BUT THE APPLICANT TOLD ME HE'S GOT IT AT 13 ONE, AND HE HAS PICTURES TO SHOW YOU GUYS. SO JUST WE NEEDED TO MAKE A CORRECTION TO THAT. OKAY. WHAT, WHAT, UH, WHAT, WHAT PORTION IS THAT RELATED TO? THAT IS RELATED TO THE CARPORT HEIGHT. OH, THE HEIGHT, OKAY. YES, SIR. GOTCHA. YEAH. AND HE DOES HAVE PICTURES TO SHOW YOU GUYS, AND I HAVE TO ASK. YES, SIR. THIS LOOKS EXTREMELY FAMILIAR. DID WE HEAR SOMETHING LIKE [01:55:01] THIS? IS THIS ON ANOTHER SIMILAR LOOKING CARPORT OR SOMETHING? I, I THINK WE DID ONE, LIKE A BLOCK OVER OR TWO RECENTLY. OH, CONTINUING. OH, IT WAS OKAY. OKAY. IT WAS CONTINUED. YEAH. OKAY. THIS CONCLUDES STAFF PRESENTATION AND APPLICANT IS AVAILABLE. THANK YOU. QUICK QUESTION FOR STAFF. YES. UH, COMMISSIONER BRAGMAN, UM, THE OPPOSITION AND THE PEOPLE THAT WERE IN SUPPORT, WHERE ARE THEY ON THOSE? UH, THE, SO THE SUPPORT, THE ONES, THOSE WERE VOICEMAILS AND THEY, THEY DID GIVE THEIR ADDRESSES AND I APOLOGIZE FOR NOT UPDATING THAT. I CAN GET THAT FOR YOU RIGHT NOW. I'LL GET THOSE ADDRESSES FOR YOU. OKAY. AND THEN, WHILE YOU'RE AT IT, UH, WHICH HOMEOWNER'S ASSOCIATION IS, DOES THE HOUSE ACTUALLY LIE WITHIN THE JEFFERSON AREA? NEIGHBORHOOD CONSERVATION. OKAY. YES, SIR. ALL RIGHT. THANK YOU. MM-HMM. . ALL RIGHT. WE'RE WAITING, UH, FOR STAFF TO, TO DO A LITTLE RESEARCH. UH, WE CAN HAVE THE APPLICANT COME UP. GOOD AFTERNOON. I'M GILBERT RODRIGUEZ. I'M THE PROPERTY OWNER, AND I THINK WE DID A CONTINUANCE FROM THE LAST TIME WE WERE HERE. RIGHT. SO, UM, ANY NEW INFORMATION FOR US. WE, UM, WE DID GO BACK AND MEASURE THE CARPORT, AND IT WASN'T 15 FEET, IT WAS 13. I HAVE 12, 11, 13. ONE WOULD CLEAR IT TO MAKE SURE THAT WE'RE, WE'RE SAFE ON BOTH SIDES. UM, WE HAVE TAKEN SOME PICTURES AND I HAVE SOME SLIDES THAT I'VE, I GUESS, BROUGHT WITH ME. HOW DO YOU, THERE WE GO. WELL, THEY'RE GETTING THESE, UM, WE DO HAVE A HARDSHIP. THE HARDSHIP IS, IS THE FACT THAT I'M, YOU KNOW, I'M A SMALL BUSINESS OWNER WITHIN THIS DISTRICT, UM, WITH C O V AND EVERYTHING ELSE THAT'S HIT US AS A WHOLE. YOU KNOW, IF I, IF I HAVE TO DO ANY TYPE OF MAJOR, UH, CHANGES TO THIS THING, IT'S GONNA COST A GOOD PENNY. UM, RIGHT NOW, PERSONALLY, I JUST, WE'RE BARELY STRUGGLING TO KEEP OUR DOORS OPEN. I'VE GOT EIGHT EMPLOYEES, AND, YOU KNOW, RIGHT NOW IT'S, IT'S A STRUGGLE EVERY DAY. UM, THIS WASN'T, THERE WASN'T EXISTING, EXISTING CARPORT. UM, AND WHAT WE FOUND IS THAT CARPORT WAS LEANING WHEN WE DECIDED TO, WE DID MAKE A BIGGER FOOTPRINT. UM, AND THE REASON WE DID THAT WAS TO GET AWAY FROM THE, THE ROOTS THAT WERE WITHIN THAT OAK TREE THAT'S IN THE FRONT OF OUR PROPERTY. WHAT WE FOUND LAST TIME WAS THAT THEY DID IT IN TRYING TO STAY AND GO ON TOP OF THOSE ROOTS. AND THAT NEVER WAS GONNA WORK BECAUSE THOSE ROOTS ARE GROWING ON THE BOTTOM, WHICH STARTED PUSHING THOSE, UH, THOSE POSTS UP, WHICH CREATED AN ISSUE FOR US. YEAH, THOSE ARE THEM, BUT THEY'RE, CAN WE TURN THOSE OVER? WELL, I CAN, I MEAN, I CAN DO IT FROM THERE. IT'S NOT A BIG DEAL. WHAT I BASICALLY WAS TRYING TO SHOW YOU IS, I KNOW THAT LAST TIME THERE WAS OPPOSITION SAYING, OR THE NEIGHBOR WAS SAYING THAT THE WATER WAS RUNNING OFF AND RUNNING INTO HER PROPERTY. AS YOU CAN SEE, THERE'S NO PITTING AT ALL HERE. THE WATER RUNNING OFF FROM THAT, FROM THAT ROOF IS, IS REALLY MINIMAL. UM, I ALSO HAVE SOME OTHER PICTURES TO, I GUESS THIS IS JUST TO ELABORATE ON THE WHOLE LAST TIME, I THINK THEY WERE SAYING THAT WE, THAT WATER RUNNING OFF WAS CREATING A FOUNDATION ISSUE. I THINK THESE ISSUES ON THAT PROPERTY HAVE BEEN THERE FOR, FOR 15, 20 YEARS. UM, I DON'T THINK OUR CARPORT, UM, RUNOFF IS CREATING ANY KIND OF FOUNDATION ISSUES ON THAT PROPERTY. GOOD. THESE ARE JUST SOME SIDE PICTURES. THAT'S THE BACKYARD OF THE PROPERTY NEXT TO US, WHICH IS IN OPPOSITION. AND I THINK THERE WAS JUST ANOTHER, YEAH, I THINK THAT'S GOOD. THIS IS JUST, UH, OUR SIDE, UM, THE SIDE OF THE PROPERTY, WHICH KIND OF SHOWS. I, I DON'T SEE ANY WATER RUNNING OFF. I THINK, YOU KNOW, THERE'S, THERE'S A TON OF, OF WATER WHEN WE WATER THESE PLANTS THAT THAT IS HAPPENING. AND I DON'T, I DON'T REALLY SEE OUR CARPORT BEING A RUNOFF. UM, WE ARE, IT IS OUR, YOU KNOW, WE DID MAKE A BIGGER FOOTPRINT. I'M NOT GONNA TRY TO TELL YOU WE DIDN'T. AND AGAIN, OUR PURPOSE OF THAT WAS TO GET AWAY FROM THOSE. I THINK WE HAVE ONE OF THE FRONT OF THE PROPERTY. I [02:00:01] THINK THOSE MIGHT BE Y'ALL'S PICTURES. I MINE RIGHT HERE. I GUESS THAT'S GOOD. UM, RIGHT HERE, THERE'S ROOTS WITHIN THIS, WHICH IS WHY WE ACTUALLY PUT ROCK, BECAUSE GRASS COULDN'T GROW THERE BECAUSE OF THOSE ROOTS. UM, THOSE ROOTS ARE, ARE REALLY, REALLY THICK. AND WHEN WE TRIED TO DRILL THROUGH THOSE ROOTS, WE'D END UP ULTIMATELY KILLING THAT TREE. UM, SO WE DID MOVE A LITTLE FURTHER DOWN. WE WERE ABLE TO DR DRILL OR TO DIG RIGHT THERE AND ACTUALLY BRACE THAT THING THE RIGHT WAY. AND, AND THAT STRUCTURE REALLY ISN'T GOING ANYWHERE AT THIS POINT AS FAR AS YOU KNOW, UM, STABILITY IS CONCERNED. OKAY. UM, LAST TIME I, WHAT I RECALL LAST TIME IS THAT, UH, IT CAME TO EVERYONE'S ATTENTION THAT THIS WAS A LITTLE CLOSER TO THE SIDE. UH, I DON'T THINK THAT WAS PART OF THE ADVERTISEMENT LAST TIME. UM, HAVE YOU, HAVE YOU TALKED TO THE NEIGHBOR OR ANY OF THE, UH, THE NEIGHBORHOOD ASSOCIATIONS? YOU KNOW, THE ONE THAT YOU'RE A MEMBER OF OR A PART OF, I APOLOGIZE, UH, IS IN OPPOSITION. DO YOU HAVE, DID YOU HAVE ANY DIALOGUE WITH HIM SINCE THE LAST TIME? WE HAVEN'T. I DID LEAVE A MESSAGE, UM, PROBABLY ABOUT THREE WEEKS AGO IN REGARDS TO IT, RIGHT AFTER WE LEFT AND WE BROKE THIS MEETING. AND I HAVE YET TO HEAR BACK FROM ANYBODY, UM, NEIGHBORS WITHIN OUR AREA. WE'VE BEEN, WE'VE BEEN IN THAT NEIGHBORHOOD FOR YEARS, UM, AND REALLY DON'T HAVE ANY OPPOSITION FROM ANY OF OUR NEIGHBORS WITHIN THE STREET EXCEPT THE ONE. OKAY. AND THEN HOW, HOW WIDE IS A CARPORT? I MEAN, HAVE YOU, I ASSUME IT'S TWO CARS WIDE. IT'S TWO CARS WIDE. IT'S ABOUT 18 FEET BETWEEN THE POSTS. YEAH. OKAY. ALRIGHT. IS THERE ANY COMMISSIONER QUESTIONS? MANNA, COMMISSIONER MANNA? SO ON THIS PICTURE HERE, UM, SO IT'S, IT'S GOT A LINE OF CONCRETE THERE THAT THE POSTS SIT ON. AND IF I FOLLOW THAT LINE ALL THE WAY TO THE BACK FENCE, IT LOOKS LIKE IT'S, UM, ALIGNED WITH THE PROPERTY LINE. IS THAT TRUE? YES. IT'S, SO IF THAT'S ALIGNED WITH THE PROPERTY LINE, NOW I LOOK AT THE EAVES OF THIS CARPORT, IT WOULD APPEAR THAT THE EAVES SIT OVER THE PROPERTY LINE BY 12 TO 18 INCHES. WOULD THAT BE TRUE? I DON'T, I DON'T THINK IT'S THAT, THAT MUCH. UM, DOES IT SIT OVER IT AT ALL? IT DOES, YES, SIR. OKAY. SO, UM, OKAY. SO A QUESTION I GUESS I WOULD ASK IS IF I ASK YOU TO SHAVE THAT OFF EVEN SO THAT THERE ARE NO, UM, NOTHING EXTENDING OVER THE PROPERTY LINE, UM, I GUESS WHAT HARDSHIP WOULD THAT CAUSE YOU? I'M, I'M JUST TALKING FROM A FINANCIAL STANDPOINT AND IT'S, LIKE I SAID, IT'S, IT'S JUST AT THE POINT WHERE IT'S GONNA COST FOR US TO BE ABLE TO, TO SHAVE THAT OFF, TO REDO THE ROOF TO, WELL, ONE, OH, I'M, I'M JUST GONNA INTERJECT HERE. ONE OF THE ITEMS THAT COMMISSIONER MAN IS BRINGING UP IS THAT WE CAN'T GRANT A VARIANCE TO GO OVER A PROPERTY LINE, UH, IF, IF WE CAN ONLY DO AS CLOSE AS ONE INCH. SO EVEN IF YOU WERE TO HAVE THAT GRANTED, IT WOULD STILL HAVE TO BE SHAVED OFF. AND THAT'S SOMETHING, UH, THAT, THAT'S WHERE WE'RE GOING WITH THAT. SO, YEAH, AND I, I MEAN, IF YOU'RE ASKING THE WORST OF TWO EVILS, I'D RATHER SHAVE IT OFF THAN HAVE TO, I MEAN, FINANCIALLY, THERE'S NO WAY I COULD BE ABLE TO MOVE TO PAY TO GET THAT THING. OKAY. UH, SO ONE MORE QUESTION THEN. SO, AND IF WE GO ON GOOGLE DRIVES THE LAST TIME WE SHOWED. UM, AND SO IT DOES LOOK LIKE, UM, THIS WAS EXTENDED OUT AT LEAST FIVE FEET FURTHER TOWARDS THE STREET, UM, THAN, THAN THE PREVIOUS CARPORT, UH, THAT WAS THERE. IS THAT TRUE? SO IT WAS THREE FOOT EIGHT, EIGHT INCHES OR THREE, YEAH, THREE FOOT, THREE FOOT EIGHT, EIGHT INCHES, YES. OKAY. SO YEAH, IT LOOKS, IT LOOKS GREATER THAN THAT, YOU KNOW, PER THE PREVIOUS PICTURE. IT'S DISCIPLINE BECAUSE ALL I HAVE TO GO BY IS THAT, UH, THAT, UH, CUT-IN LINE ON THE CURB, SO IT LOOKED GREATER THAN THREE FOOT, BUT OKAY. OKAY. SO THAT WAS THREE FOOT EIGHT INCHES. YES, SIR. AND THAT WAS WITHOUT OVERHANG, RIGHT? SO, SO YES SIR. ALRIGHT. ANY OTHER COMMISSIONER QUESTIONS? CRUZ, COMMISSIONER CRUZ, AND THEN MENCHACA. OKAY. UM, AND I'M, LOOK, I WAS LOOKING AT YOUR NEXT DOOR NEIGHBOR. THEY ARE OPPOSING THIS. IS THERE A REASON WHY BESIDES THAT THE OVERHANG IS ON THEIR PROPERTY? I THINK, IF I REMEMBER CORRECTLY FROM THE LAST MEETING, I THINK THAT THEY ARE BASICALLY STATING THAT THE WATER RUNOFF FROM THE CARPORT IS RUNNING ONTO THEIR PROPERTY. UM, WHICH WE HAVE ALSO BEEN WILLING TO PUT GUTTERS ON THE, THE CARPORT ITSELF, IF THAT WOULD HELP WITH THE RUNOFF. WELL, I'M SURE THEY WOULD APPRECIATE IT. YEP. THANK YOU. ALL RIGHT. COMMISSIONER MANCHACA? YEAH, THIS IS A QUESTION FOR STAFF. UM, IS THE DRIVEWAY UNDER ARTICLE FIVE, IS IT MORE THAN 12 FEET, THE DRIVEWAY? AND IS THAT AN ISSUE? THE MAXIMUM DRIVEWAY IS 20 FEET, BUT THE RESIDENTIAL DRIVE, THE ENTRANCE, NOT THE LENGTH, THE ENTRANCE IS 20 FEET. ARTICLE FIVE SAYS 12 FEET. MAYBE I'M READING IT WRONG. [02:05:07] YOU'RE ASKING ABOUT THE WIDTH? YES. OKAY. YEAH, COMMERCIAL DRIVEWAY WIDTHS ARE 10 TO 20. DOES THE N C D HAVE A, A ADJUSTMENT TO THAT WHILE THEY'RE LOOKING THAT UP? IS THERE A COMMISSIONER WOULD LIKE TO ASK A QUESTION OF THE APPLICANT? OKAY. UH, I'LL GO AHEAD AND ASK YOU A QUESTION. UH, WHEN I DO STREET VIEW UP DOWN THE STREET, IT SEEMS LIKE THIS NEIGHBORHOOD WAS INITIALLY CONSTRUCTED WITH A SINGLE CAR DRIVEWAYS AND MANY, MANY OF YOUR NEIGHBORS HAVE WIDENED THEM TO ACCOMMODATE TWO VEHICLES. UH, THE, THE, I THINK THE, THE, WHAT I WOULD LIKE TO HEAR, UH, MORE OF IS, IS THE WIDTH. AND, AND, UH, AS MY, MY COLLEAGUE HAD BROUGHT UP ABOUT, UH, SHAVING OFF THE SIDE, I MEAN, STAFF IS RECOMMENDING A, A, UH, A TWO FOOT VARIANCE TO ALLOW IT TO BE THREE FEET FROM THE SIDE. AND IF YOU REMOVE THAT OVER THAT MUCH, I DON'T THINK YOU GET TWO CARS IN THERE ANYMORE. SO, UM, THAT, THAT'S REALLY WHAT MY CONCERN IS, IS THAT, UH, YOU KNOW, IF YOU WERE TO PUT IN GUTTERS AND SHAVE THAT OFF, AND EVEN IF YOU COULD GET IT, YOU KNOW, AN INCH AWAY, I I DON'T EVEN THINK YOU'D GET, STILL GET TWO CARS IN. 'CAUSE YOU'RE, YOU'RE SAYING IT'S LIKE 16 FEET BETWEEN THE POSTS CLEAR. OKAY. ALL RIGHT. UH, STAFF, DID YOU, I HAVE A QUESTION. WHAT'D YOU FIND OUT? YEAH, FOR THE JEFFERSON N C D, THE MAXIMUM IS 15 FEET. OKAY. SO IT WAS A 15 FOOT MAX COMMISSIONER MENCHACA, UM, YOU STILL WAS YOUR QUESTION, IS THERE ANY FOLLOW UP? NO, I JUST WANTED TO, UH, MAKE SURE THAT, UH, HE'S TRYING TO PUT TWO CARS IN THERE, BUT HE REALLY SHOULD FIT ONE. AND I WANTED TO CONFIRM THAT IT IS 12 OR 15 FEET. AND I, AND I'LL MAKE A FOLLOW UP, IS THIS IS HIS DRIVEWAY IN VIOLATION OF THE WIDTH OF THE N C D. OKAY. SO WHILE YOU'RE DOING THAT, COMMISSIONER BRACKMAN, THANK YOU. SO, UM, I'M LOOKING AT A GOOGLE STREET VIEW FROM 2018 WHERE THE PRIOR, UH, CARPORT WAS THERE. IT APPEARS THAT, UM, THE WIDTH OF THE CARPORT THAT YOU HAVE CONSTRUCTED LOOKS TO BE THE SAME WIDTH AS THE CARPORT THAT WAS THERE BEFORE. YES. MA, IS THAT CORRECT? YES MA'AM. YES MA'AM. AND SO WHAT YOU DID IS YOU JUST ADDED DRIVEWAY OR, OR CONCRETE UNDERNEATH THE, THE POST WE DID, WE DID TO BE ABLE TO PUT A METAL PLATE TO BE ABLE TO STABILIZE THOSE POSTS SO THAT WAY THEY WOULD NOT START TO COME UP OR START TO MOVE IN ANY WAY, SHAPE OR FORM BEFORE PREVIOUS. IF YOU LOOK AT THIS TREE RIGHT HERE, THERE WAS AN ANCHOR WHEN WE BOUGHT THE HOUSE THAT THERE WAS AN ANCHOR ANCHORING THE TREE TO THE CARPORT. 'CAUSE THE CARPORT WAS ACTUALLY LEANING. AND SO, WHICH WAS BECAUSE OF THOSE ROOTS PUSHING UP ON THAT SIDE. SO WHAT WE DID WAS WE WENT BACK, WE'RE ABLE TO GO HOW DEEP, 12 INCHES DEEP AND THEN WE'RE ABLE TO PLATE THAT ON THE CONCRETE TO BE ABLE TO MAKE SURE IT DIDN'T GO ANYWHERE AND WE DIDN'T HAVE AN ISSUE DOWN THE ROAD. OKAY. SO WHAT THE DIFFERENCE IS, IS THAT THE CARPORT IS WIDER ON, ON THE ROOF LINE, RIGHT? 'CAUSE IT HANGS OVER. YES, MA'AM. THE PROPERTY LINE? YES MA'AM. AND IT IS LONGER 'CAUSE IT'S CLOSER TO THE STREET. YES MA'AM. BUT OTHERWISE IT'S THE SAME FOOTPRINT. IT'S THE SAME FOOTPRINT. YES, MA'AM. RIGHT. THANK YOU. ALRIGHT MAN. UH, COMMISSIONER MAN. SO, SO MS. BRAGMAN, SO, SO THE, YOU KNOW, THE POINT WE WERE TRYING TO MAKE WAS THAT THE, THE EAVES UNDERNEATH IT HAVE INCREASED? IS THAT WHAT YOU WERE STATING? SO, 'CAUSE IT USED TO BE LIKE A TWO INCH OVERHANG AND NOW IT'S A, YOU KNOW, 12 TO 18, WHATEVER IT IS. RIGHT? YES. NO, AND, AND HE CONFIRMED THAT. OKAY. I JUST WANNA MAKE SURE THAT'S WHAT YOU'RE SAYING. YEP. THANK YOU COMMISSIONER MENCHACA. DID WE CLARIFY THE, THE, INITIALLY THERE WAS A, THERE WAS NOT A PERMIT ISSUE ON THIS ONE AND STAFF, UH, ANY, UH, WHAT IS THE PERMIT STATUS OF THIS? THERE WAS NOT A PERMIT ISSUED ON THE ORIGINAL ONE. AND IT, LAST TIME WE HAD SAID WE, WE WERE UNDER THE DETERMINATION THAT BECAUSE THERE WAS AN EXISTING CARPORT THAT WE DIDN'T HAVE TO PULL A PERMIT IF WE WEREN'T TOTALLY RECONSTRUCTING THE WHOLE THING. OH YEAH. YOU ALWAYS HAVE TO PULL. RIGHT. THERE WAS A CITATION FOR A BUILDING, UH, OR A NOTICE ABOUT A BUILDING WITHOUT A PERMIT. YES. SO, OKAY. AND IS, IS THE APPLICANT, UH, SUBMITTED ANOTHER, HAVE YOU SUBMITTED AN APPLICATION FOR PERMIT FOR THIS STRUCTURE? YES, WE DID, BUT IT GOT REJECTED BECAUSE YOU'RE WAITING FOR THE PENDING THE OUTCOME. RIGHT. OKAY. WE'RE STILL WAITING ON THE DRIVEWAY WITH CAN WE HEAR THE [02:10:01] OPPOSITION? I MEAN, WERE WE SUPPOSED TO HEAR? I HAVEN'T ASKED. OH. HMM. SO, WHILE WE'RE WAITING, UH, IS THERE ANY, UH, VOICEMAILS OR ANYONE SIGN UP TO SPEAK ON THIS CASE SOON? YES, THERE IS, UH, TWO VOICEMAILS. OKAY. SO WHAT AND TWO SPEAKERS. SO WHAT WE HAVE IS, UM, WE'RE WAITING ON HEAR ABOUT YOUR DRIVEWAY WIDTH. YEP. UH, BUT JUST TO, JUST TO, JUST TO KEEP IT MOVING A LITTLE BIT. I THINK WE'VE HEARD ENOUGH OF, OF BACKGROUND TO WHERE WE CAN LISTEN TO THE PUBLIC COMMENTARY AND THEN WE'LL BE READY FOR SOME QUESTIONS AND JUST, THAT'S WHY I, IF I REMEMBER CORRECTLY, WE'RE 14 EIGHT ON THE WIDTH. OKAY. SO WHY DON'T WE START WITH THE VOICEMAILS. HELLO, MY NAME IS ADELE DONNELLY AND I'M CALLING IN REGARDS TO CASE NUMBER B OH A DASH 22 DASH 1 0 3 0 2 3 3. MY ADDRESS IS 3 2 7 SANSA DRIVE, SAN ANTONIO, TEXAS 7 8 2 2 8. I'M CALLING IN REGARDS TO A LETTER I RECEIVED, UM, ABOUT, UH, THE HOUSE THAT HAS A CARPORT. UM, THIS CARPORT IS NOT AN ICE STORE. IT'S . WELL, IT'S TASTEFUL. WELL DONE. IT LOOKS BEAUTIFUL. I WISH I HAD ONE IN MY YARD, IN MY FRONT YARD. I HAVE NO ARGUMENT AGAINST THIS PARTICULAR FIXTURE. I THINK IT'S PURPOSEFUL AND IT LOOKS VERY NICE AND TASTEFUL. MY PHONE NUMBER IS (210) 735-1188. THANK YOU. HI, THIS IS JULIE BASQUEZ. I LIVE AT THREE FIVE SEVEN SINISA DRIVE. UM, MY TELEPHONE NUMBER IS (210) 240-2111. I'M, I DON'T HAVE THE CASE NUMBER, BUT I'M CALLING ON BEHALF OF CHRISTINA AND GILBERT RODRIGUEZ WHO LIVE IN THE MIDDLE OF THE BLOCK. THEY HAVE AN, UH, AGENDA, AN ITEM ON THE AGENDA TODAY. I WANNA LET YOU KNOW THAT WE ARE NOT IN OPPOSITION TO THEIR, UM, THEIR COVERED PARKWAY. UM, IT'S BEAUTIFUL. IT BRINGS SOME CLASS TO THE, TO THE BLOCK AND, UH, WE ARE NOT OPPOSED. I'VE LIVED ON THE BLOCK SINCE 1971 AND I AM NOT OPPOSED AND NEITHER IS MY HUSBAND. THANK YOU. ALL RIGHT. THIS IS JULIE VASQUEZ. I LIVE AT 3 5 7 ISSA. IS THAT ALL THE VOICEMAIL? VOICE IS, THAT'S ALL THE VOICEMAILS. UH, THAT WAS IT. WE HAVE, UH, TWO PEOPLE SIGNED UP TO SPEAK. ALRIGHT. THEY ARE MRS. PATTY, Z I. HELLO. IF YOU COULD STATE YOUR NAME AND PATTY ZIONS. 3 42 SINISA DRIVE, DISTRICT SEVEN. GREAT. GOOD AFTERNOON. UM, IN REGARDS TO THE CARPORT, IT IS ON THE PROPERTY LINE BY ONE INCH. AND YOU HAVE MY PHOTOS PLEASE. AND, UM, MY PARENTS BOUGHT THIS HOUSE IN 1948 AND WE MOVED BACK IN THERE TWO YEARS AGO. AND I HAVE FOUNDATION ISSUES AND MY FOUNDATION, UH, CONTRACTORS HAVE TOLD ME THAT THAT IS BEING CAUSED BY WATER THAT IS SHEDDING OFF OF THAT CARPORT ONTO MY PROPERTY. IT RUNS DOWN BETWEEN THE HOUSES, IT RUNS UNDER MY HOUSE AND GOES TO THE BACK. AND THAT THERE'S NO POINT IN FIXING THE FOUNDATION UNTIL THAT MATTER GETS RESOLVED. IT'S A VERY COSTLY PROJECT OF COURSE. AND IT'LL BE COSTLY FOR ME TO TRY TO BUILD A RETAINING WALL IF THAT WATER IS NOT REDIRECTED. IT ALSO IS RIGHT. MY BEDROOM WINDOW IS RIGHT THERE. IT CREATES A DANGER TO ME BECAUSE IF ANY OF THE VEHICLES THAT PARK UNDER THERE CATCH FIRE, IT'S GOING TO BE VERY CLOSE AND IT CREATES A HAZARD AND A DANGER TO [02:15:01] MY SAFETY IN MY PROPERTY. THE STRUCTURE DOES NOT MEET THE DESIGN GUIDELINES OF THE NEIGHBORHOOD CONSERVATION DISTRICT. AND, UH, THERE SHOULD BE A LETTER FROM WOODLAWN COMMUNITY ASSOCIATION FROM THE LAST TIME WE WERE HERE IN DECEMBER. CONSERVATION SOCIETY SUBMITTED A LETTER LAST WEEK AND THERE SHOULD BE A VOICEMAIL FROM MONTICELLO PARK. YEAH, I WOULD CONCUR WITH THE OTHER NEIGHBORS THAT IT'S QUITE LOVELY, BUT THAT DOESN'T NEGATE THE FACT THAT IT DOESN'T MEET THE GUIDELINES FOR THE NEIGHBORHOOD AND THAT IT'S BUILT ON THE PROPERTY LINE AND THE WATER DOES SHUT OFF OF THE ROOF AND COMES ONTO MY PROPERTY. MY HOUSE NEEDS A LOT OF LOVE. WE'VE OWNED IT FOR MANY YEARS, THERE'S NO DOUBT ABOUT IT. BUT IF I DON'T, IF I'M NOT ABLE TO REDIRECT THE ISSUES THAT ARE BEING CAUSED BY NEXT DOOR, THEN I WILL INCUR MORE HARDSHIP TO MYSELF. MY HUSBAND IS NOT WELL AND WE BOTH ARE RETIRED AND HAVE LIMITED INCOME. SO I WOULD, I'M PLEADING MY CASE TO YOU TO JUST BE COMPLIANT WITH WHAT CODE SAYS AND THAT Y'ALL SEE THAT THERE NEEDS TO BE A REMEDY OF SOME TYPE THAT WILL REDIRECT THE WATER AND THAT WON'T MOVE THAT CAR PART OVER HOWEVER MUCH IT NEEDS TO BE SO THAT IT DOESN'T DRIP ONTO MY PROPERTY AND DOESN'T CREATE A LIFE SAFETY TO MY FAMILY AND MY PROPERTY. ALRIGHT, THANK YOU. IS THERE ANY QUESTIONS FOR THE SPEAKER? MANNA, MR. MANA? SO, UM, SO A COUPLE QUESTIONS. SO THE FIRST THING YOU SAID WAS THAT IT'S ONE INCH OVER THE LINE. WHAT WAS IT THAT YOU WERE MEASURING? WAS THAT THE, THE BASE WITH THE, THE CONCRETE? I WAS JUST, I WAS GOING WITH, UH, MY PHOTO HERE OF THE FENCE POST RIGHT THERE. OKAY. AND IT'S REALLY HARD TO MEASURE. I WAS TRYING TO GET A SURVEY DONE, BUT I COULDN'T GET IT DONE IN TIME. OKAY. I WANTED A SURVEY FOR ACCURACY, BUT, UM, AND IF YOU GO IN THE ALLEY AND LOOK STRAIGHT UP THE FENCE LINE, IT'S JUST RIGHT ON THE FENCE LINE. SO, UM, SECOND QUESTION I HAD FOR YOU WAS, UM, REGARDING, SO THE, THE, I GUESS THE SAFETY, YOUR HEALTH AND SAFETY. UM, AND SO, SO PREVIOUSLY HAD A CARPORT THERE THAT WAS LOWER MM-HMM. , UH, THAT HAD A LITTLE BIT OF A PITCH TO IT. NOT NEAR AS MUCH AS THIS ONE. RIGHT. AND SO, UM, AND, AND IT HAD BEEN THERE FOR A WHILE. SO WAS THERE CONCERN AT THAT TIME, UH, FOR, FOR THE PREVIOUS CARPORT AS WELL? OR IS THIS NEW BECAUSE OF THE NEW STRUCTURE THAT'S BEEN BUILT? WELL, THE NEW STRUCTURE IS REALLY CLOSER. AND AS YOU CAN SEE THERE, THAT'S A BIG VEHICLE. THERE'S FOUR VEHICLES THAT PARK UNDERNEATH THERE AND THEY HAVE BIG GAS TANKS. AND IF IT WERE TO ERUPT, UM, IT WOULD JUST, UH, BE TOO CLOSE TO THE HOUSE. AND THAT WAS A LITTLE FARTHER OVER. THEY DIDN'T ALWAYS PARK FOUR CARS UNDERNEATH THERE. WHEN CHRIS, WHEN, UH, THE APPLICANT'S WIFE'S PARENTS LIVED THERE, THEY DIDN'T HAVE THOSE, THAT MANY VEHICLES PARKED THERE. THERE'S LARGER AND MORE VEHICLES, LIKE YOU SAY, IT'S TWO AND YES, WHOEVER ANSWERED THE ASKED THE QUESTION ABOUT SINGLE CAR GARAGES, THAT WAS A RIBBON DRIVEWAY WITH A SINGLE CAR GARAGE. I MEAN, I GREW UP IN THAT HOUSE. I, SINCE 1951, I LIVED IN THAT HOUSE. AND SO, UM, IT WAS A SINGLE CAR. IT STILL IS, BUT IT'S CONVERTED. AND THEN TWO CARS COULD FIT IN THE GARAGE BACK TO BACK, AND THEN IT WAS A RIBBON DRIVEWAY ULTIMATELY. SO, FINAL QUESTION, I APOLOGIZE. SO IF, SO ONE OF THE DIALOGUES THAT WE'RE HAVING IS, IS THAT THE EVE IS LIKELY GONNA NEED TO BE REMOVED. AND SO IF THERE WAS A GUTTER PUT IN PLACE WITH A WATER DRAINING TO THE STREET, SO, SO THAT THEY DIRECTED THE WATER THROUGH THE STREET, WOULD THAT, DO YOU THINK THAT WOULD ALLEVIATE SOME OF THE QUESTIONS YOU HAVE WITH REGARDS TO, UH, THE CARPORT FLOODING YOUR PROPERTY? I COULD CERTAINLY TAKE THAT UNDER CONSIDERATION. THERE'S ALSO A GUTTER, I'D HAVE A PHOTO OF IT TOO THAT'S RIGHT THERE ON THE CORNER OF THE HOUSE THAT, UH, RIGHT THERE THAT DISCHARGES ONTO MY PROPERTY. BUT THAT'S NOT WHAT WE'RE HERE FOR. BUT YOU SEE THE DIP IN THE CONCRETE RIGHT THERE, THAT GUTTER ALSO GOES ACROSS TO MY PROPERTY AND THAT SHEDS FROM THE ROOF, THE, OF THE HOME ITSELF. THANK YOU. I DON'T WANNA CREATE A HARDSHIP FOR MR. RODRIGUEZ. I JUST NEED TO RESOLVE THE ISSUE THAT I HAVE. AS YOU CAN SEE, THE HOUSE NEEDS A LOT OF WORK AND YOU DO THINGS BASICALLY, YOU KNOW, ONE STEP AT A TIME. AND I JUST WANT TO GET, YOU KNOW, GET GOING HERE. THANK YOU. THANK YOU. MR. MANNA MINKA. MR. MINKA, UH, MA'AM? UH, YES. I CAN SEE THAT GUTTER EMPTYING OUT AND THE SLOPE GOING TOWARDS YOUR HOUSE. YES. SO YOU'RE SAYING THAT THE GARAGE, UH, THE CARPORT THE WAY IT IS RIGHT NOW, IT COMPOUNDS YES. THAT PROBLEM WITH THE WATER FLOWING BACK TOWARD YOUR PROPERTY? YES, SIR. SO IF THEY PUT A GUTTER ON THE CARPORT DOESN'T ALLEVIATE THIS ISSUE, IS THAT WHAT YOU'RE SAYING? NO, IT DOESN'T, BUT IT'S BETTER THAN NOTHING. THE, THE WATER THAT COMES OFF THE CARPORT [02:20:01] IS SIGNIFICANT WHEN IT RAINS. I, I HAVE TO AGREE. WE ARE IN A TIME OF DROUGHT AS TEXAS IS, BUT IT'S STILL, WHEN IT RAINS, WE GET A FROG STRANGLER, THAT WATER JUST RUSHES AND IT GOES ALL THE WAY THROUGH TO THE BACKYARD. 'CAUSE THAT LOT IS ELEVATED HIGHER THAN MINE 'CAUSE IT HAS SO MUCH CONCRETE ON IT IN THE HOME AND WE JUST, YOU KNOW, WANNA GET IT FIXED. SO THE WATER POOLS ON THE SIDE AND UNDER YOUR HOUSE FOR QUITE TIME? YES. OKAY. THAT'S CORRECT. THANK YOU. AND YOU SEE, I HAD RAILROAD TIES THERE. I PLANTED CAST IRON PLANTS. I'M AN AVID GARDENER. I GROW MY OWN VEGETABLES, SO THAT'S WHY YOU SEE ALL THE PLANTS IN THE YARD AND IN THE BACK AS WELL. UH, SO I HAVE A QUICK QUESTION. SO, UH, YOU HAVE AN ALLEY IN THE BACK? YES. AT WHAT POINT DOES YOUR PROPERTY DRAIN TO THE STREET AND WHEN DOES IT DRAIN TO THE REAR? IS IT PRETTY MUCH THE FRONT OF THE HOME IS THE BREAK POINT? MINE DRAINS BECAUSE OF THAT TO THE REAR. SO PRETTY MUCH ALL ON THAT SIDE IN PARTICULAR. OKAY. SO THE, THE, THE VAST MAJORITY OF YOUR LOT AND PROBABLY DRAINS BACK TO THE ALLEY THEN? YES. OKAY. SOME PART OF THE FRONT YARD GOES TO THE, GOES TO THE FRONT, BUT WE HAVE A CURB AND A SIDEWALK. GOT IT. UH, IS THERE ANY OTHER COMMISSIONER UH, QUESTIONS FOR THE SPEAKER? YES. COMMISSIONER BREGMAN? NO. UM, SO REGARDING THE, UH, GUTTER FROM THE HOUSE THAT'S ON THE HOUSE MM-HMM. UM, IF THERE WAS A SWALE CREATED THAT RUNS FROM THAT POINT TO THE FRONT TO THE STREET, WOULD THAT, DO YOU THINK THAT WOULD CR UH, RESOLVE THE PROBLEM OF THE WATER, UM, RUNNING INTO YOUR YARD? I'M SORRY, BUT I'M NOT FOLLOWING YOU. I'M NOT A LANDSCAPE ARCHITECT. I'M A GARDENER. SO, SO SOIL ESSENTIALLY IS JUST, UM, LIKE A FRENCH DRAIN, LIKE A LITTLE GUTTER, DIRT GUTTER. YOU'RE THE ENGINEER , RIGHT? SO YEAH. UM, YOU, YOU SEE THEM IN PARKING LOTS A LONG TIME. THEY'LL, YOU'LL, YOU'LL SEE A PIECE OF CONCRETE THAT HAS A TWO OR THREE INCH STEP IN THE MIDDLE. RIGHT. AND THAT IT'S JUST TO HELP RUN THE WATER IN A, A SPECIFIC DIRECTION WHERE THERE'S NOT A LOT OF SLOPE. UM, OBVIOUSLY THERE'S A BIG ISSUE WITH WATER RUNOFF. THAT'S, THAT'S THE BIG ISSUE I'M HEARING FROM YOUR TESTIMONY. CORRECT. UM, SO WE'RE, WE'RE JUST BOUNCING SOME IDEAS AROUND TO SEE, UH, WHAT, WHAT CAN, UH, GET YOU ON, ON BOARD WITH ANY SORT OF A DEVIATION. BUT, UM, I'M, FOR ANYTHING THAT WILL HELP DEVIATE THAT WATER OR ELIMINATE THAT WATER FROM GOING ON MY PROPERTY NOW, IF THAT SWELL IS ON MR. RODRIGUEZ'S PROPERTY. RIGHT. THAT IS NOT A PROBLEM. I DON'T KNOW HOW WE'D DO IT THOUGH, WITH ALL THAT CONCRETE. WELL, WE CAN'T, WE CAN'T MAKE PEOPLE THESE WELLS, BUT WE CAN. I GOT, I UNDERSTAND WE CAN, BUT I DO UNDERSTAND NOW YOUR CONCEPT, MS. BRACKMAN. AND, AND I DON'T KNOW THAT THAT WOULD BE, I DON'T KNOW THAT IT WOULD HELP PROPERTY SINCE THE CARDBOARD IS ONE INCH FROM THE PROPERTY LINE. UM, SO, AND IT DOESN'T HAVE TO BE CONCRETE. IT CAN BE JUST A MATTER OF SORT OF, UH, CREATING A LITTLE IN THE GROUND SO THAT IT DIRECTS THE WATER FORWARD. BUT THAT WOULD HAVE TO BE ON THE, THE APPLICANT'S PROPERTY, NOT MINE. I'VE EVEN SEEN PEOPLE BUILD A SMALL CURB ON THE, ON, ON THEIR WELL, AND THAT'S WHY I'M SAYING THAT IF I HAVE TO DO THAT, THAT CREATES AN ECONOMIC HARDSHIP FOR ME BECAUSE THE WAY THE SLOPE IS, AS WE'VE IDENTIFIED IT, IT WOULD HAVE TO GO ALL THE WAY DOWN TO THE ALLEY. RIGHT. THERE'S A A THANK YOU. THE CITY. WE HAVE BEAUTIFUL SIDEWALKS ON OUR STREET NOW. YEAH. BUT IT'LL HIT, IT'LL HIT RIGHT THERE AND THEN WHERE'S IT GONNA GO? RIGHT. COMMISSIONER SPIELMAN? UH, YES. THE CARPORT HAS A PITCH TO IT. A PITCHED ROOF. MM-HMM. AND I, I'VE DRIVEN BY THERE A NUMBER OF TIMES AND SEEN, YOU KNOW, THERE, THERE ARE REALLY A HANDFUL OF, OF, YOU KNOW, CARPORTS, BUT THEY'RE ALL FLAT. THEY ARE, ARE YOU AWARE OF ANY, UH, PITCHED ROOF CARPORTS IN THE AREA? I AM NOT THE OTHER, THERE'S A CARPORT ACROSS THE STREET FROM US. RIGHT. THAT WAS ERECTED RECENTLY. AND IT'S WITHIN THE, THE CONSERVATION DISTRICT GUIDELINES. AND THEN THERE'S ANOTHER ONE ACROSS UP THE STREET ON THE OTHER SIDE. ALL, ALL OF THEM SEEM TO BE WITH THE, THEY'RE COMPLIANT. CORRECT. THEY'RE COMPLIANT. AND THERE'S OTHERS ON OTHER STREETS I REALLY HAVEN'T DRIVEN TO. AND MAYBE I SHOULD HAVE IDENTIFIED THOSE ADDRESSES TO PRE BRING THAT TO YOU TODAY, BUT THEY'RE ALL COMPLIANT. ALRIGHT. HOW LONG HAS THE, UH, N C D BEEN IN EFFECT? SINCE 2009, I THINK. 2009. YES. THE, SO IS THERE ANY OTHER, UH, COMMISSIONER ZUNIGA? UH, YES. THE PICTURE THAT WE HAVE HERE ON THE SCREEN YES. IT'S, THAT'S ON YOUR SIDE OF THE HOUSE WHERE THE WATER GOES? YES. I'M SEEING WHERE THERE'S A FRESH CONCRETE AND WHERE THE SPOUSE IS WITH THE WATER COMING OUT, THE LITTLE THAT WILL COME OUT OF THAT, UH, CHUTE. UH, THERE'S A CRACK ON THE, ON THE CEMENT MAT. MM-HMM. . AND THAT'S THE WATER THAT ALSO GOES TO YOUR HOUSE? YES. YEAH. AND I'LL TALK TO THE, RIGHT, SO WE HAVE ANOTHER SPEAKER. WE HAVE TO, WE HAVE TO HEAR. WE [02:25:01] MAY, OH, MY HUSBAND WAS SEAT MY, YOU, DO YOU HAVE ANYTHING? OKAY. HE WILL SEAT THIS TIME TO ME. OKAY. I'M SORRY IF I WENT OVER, I MEAN, UH, I THINK WE'VE, WE'VE HAVE ENOUGH QUESTIONS. WE STILL HAVE SOME OTHER ITEMS THAT WE DIDN'T, WE MAY CALL YOU BACK UP, BUT OKAY. THAT'LL BE FINE. BUT THANK YOU. THANK YOU VERY MUCH FOR YOUR TIME, STAFF. WHAT'D YOU FIND OUT? ALL RIGHT. SO THE CURRENT CONFIGURATION OF THE DRIVEWAY WAS AT ESTABLISHED AT LEAST BY 2007, UM, WHICH WAS BEFORE THE ESTABLISHMENT OF THE N C D. OKAY. AND DOES THE N C D HAVE ANY IMPERVIOUS COVER, UH, LIMITS, JUST OUTTA CURIOSITY, SINCE WE'RE TALKING ABOUT DRAINAGE AND WHATNOT. AND WHILE YOU'RE LOOKING THAT UP, IS THERE ANY OTHER QUESTIONS FOR THE APPLICANT? I DO HAVE A COUPLE OF, I HAVE A QUESTION FOR STAFF COMM, UH, COMM COMMISSIONER ZUNIGA. OKAY. UH, SO IF I CAN REBUTTAL, IF YOU DON'T MIND, UH, WE'LL GIVE YOU AN OPPORTUNITY. WE WANNA MAKE SURE WE OH, GO RIGHT AHEAD. DISCUSS EVERYTHING WE, BEFORE WE GO THERE AND MANNA COMMISSIONER MANNA. SO, YOU KNOW, PART OF THE DIALOGUE THAT WE'VE HAD, UH, HAS, HAS TALKED ABOUT GUTTERS AND THE IMPORTANCE OF THEM HERE. AND SO I GUESS ONE OF THE QUESTIONS, YOU KNOW, THAT WE'VE ASKED IN THE PAST IS, UM, FOR APPLICANT APPLICATIONS TO BE AMENDED TO INCLUDE GUTTERS AND THAT MAY HELP SWAY SOME OF THE DIALOGUE GOING ON, YOU KNOW, AS A KIND OF, YEAH. SO WE CAN'T PUT CONDITIONS, UH, ON THESE SORT OF REQUESTS. OKAY. AND SO YOU'VE HEARD A LOT OF, UH, UH, TESTIMONY AND DISCUSSION REGARDING DRAINAGE. UH, ONE THING THAT IS, IS, IS, UH, THAT DOES HAPPEN IS APPLICANTS CAN AMEND THEIR APPLICATION RIGHT. WHILE THEY'RE AT THE PODIUM TO, TO HAVE, UH, THE INCLUSION OF GUTTERS. UH, SO WHEN YOU DO YOUR REBUTTAL, JUST KEEP THAT IN MIND THAT THAT'S SOMETHING THAT IS OFTEN DONE AND USUALLY CARRIES SOME WEIGHT WITH THIS BOARD. OF COURSE. OKAY. WHERE'D YOU FIND OUT? UH, IT'S THE SAME AS THE, UH, U D C STANDARD OF 50%. 50% JUST IN THE FRONT PLANE OF THE HOME? YES. OKAY. ALRIGHT. SO, UM, I THINK WE'VE ASKED A WHOLE BUNCH OF QUESTIONS UNLESS THERE'S NOTHING ELSE, UH, WE'RE GONNA GIVE THE APPLICANT AN OPPORTUNITY TO REBUT. I DO WANNA BRING ATTENTION TO BO O A NUMBER 2 2 1 0 3 0 0 0 7 6, WHICH IS A FEW BLOCKS FROM US, WHICH WAS A CASE THAT YOU GUYS HEARD. UM, IT HAS, IT IS A PITCH PROOF, I WANNA SAY IT WAS, DON'T QUOTE ME, BUT I WANNA SAY 12 FEET. UM, AND IT WAS A SIMILAR CIRCUMSTANCE AS OURS AND IT WAS APPROVED. UM, I ALSO WANT TO SAY THAT, THAT THAT DRAIN IS A VERY SMALL PIECE OF OUR ROOF. IT IS VERY WITHIN PROBABLY ABOUT FOUR FEET. AND WHEN THAT THING DRAINS, IT DRAINS TOWARDS THE BACK OF THE HOUSE. IT STAYS ON THE CONCRETE. WE HAVE SET UP WHAT MS. BREGMAN SAID IN THE BACKYARD BY OUR FENCE. IT'S UNDERNEATH THE ROCKS WHERE THE WATER DRAINS TO THAT. IT'S LIKE A LITTLE CATCHER AND BASICALLY THAT DRAINS TOWARDS THE ALLEY. UM, I ALSO WANNA MAKE NOTE THAT THAT HOUSE HAS BEEN VACANT FOR ALMOST 20 YEARS. UM, THAT HAS NO GUTTERS ON THAT HOUSE NEXT DOOR TO US. UM, AND WE'VE, I PERSONALLY, HER MOM LIVED THERE BEFORE AND I PERSONALLY WAS THERE TAKING CARE, HELPING HER MOM WITH EVERYTHING SHE NEEDED. SO THERE WERE NUMEROUS, NUMEROUS FOUNDATION ISSUES. I REMEMBER THE ISSUES. I REMEMBER GOING IN HER BATHROOM AND TRYING TO HELP HER AT ONE POINT, UM, THAT WAS BEFORE SHE PASSED AWAY. AND I KNOW THAT THERE WERE FOUNDATION ISSUES TO BEGIN WITH. I DON'T FEEL LIKE OUR WATER DRAINING ON OUR, ON THAT PROPERTY IS CAUSING ANY KIND OF SIGNIFICANT DAMAGE TO THAT FOUNDATION AT ALL. UM, WE DID HAVE A LEAK. WE HAVE, MY INSURANCE DID PAY HER TO TAKE CARE OF A PIECE OF THAT BACK SHED. 'CAUSE WE HAD A SMALL LEAK IN THE F UH, FOR THE PLUMBING. SO WE'VE TRIED TO DO OUR, OUR PART TO BE, YOU KNOW, GOOD NEIGHBORS. I'VE TOOK CARE OF THAT PROPERTY FOR DARN NEAR THE 13 YEARS THAT I WOULD, I WAS THERE MAINTAINING THE GRASS AND SO FORTH. SO IT WAS, UH, IT'S BEEN A, A GOOD RELATIONSHIP UP TO RECENT, I THINK THAT HAD A FALLING OUT WITH MY YARD GUY, WHICH STARTED THIS WHOLE . OKAY. DID AND DID YOU WANT TO, IS THERE ANY, UH, THING REGARDING GUTTERS THAT YOU'D LIKE TO MENTION? YES, I'D LIKE TO MAKE AN AMENDMENT TO MY, UH, TO MY B O A, UH, TO INCLUDE GUTTERS ON THE CARPORT. ALRIGHT. DULY NOTED. SO WITH THAT, UH, THANK YOU VERY MUCH. I'M LOOKING FOR, CAN WE ALSO ADD THAT THE GUTTERS WOULD DRAIN TOWARDS THE STREET VERSUS TOWARDS THE ALLEY? YES, SIR. THAT THEY WILL DRAIN TOWARDS THE STREET. THANK, SO THE APPLICANT IS AMENDED AS APPLICATION TO INCLUDE GUTTERS, UH, THAT WOULD BE DRAINED TO AND DISCHARGED TOWARDS THE STREET. AND QUESTION FOR STAFF COMMISSIONER. SO, UH, THE, UM, THE, THE NEIGHBOR STATED THAT THERE WAS, UM, I GUESS A CALL MADE BY THE MONTICELLO WITH REGARDS TO, UH, THEIR OPPOSITION. DID YOU, DID YOU RECEIVE ANY INPUT? IT, IT WAS AFTER 10. IT WAS AFTER 10 IN THE MORNING. SO WE OWN THE DEADLINE, [02:30:01] WHICH IS STATED ON THE LETTER IS 10:00 AM AND SO WE DID HAVE ANOTHER ONE RECEIVED ALSO AT 1123 AND ANOTHER ONE AT 12:02 PM BUT THOSE WERE ALL RECEIVED AFTER DEADLINE AND THEY WERE ALL IN OPPOSITION. THAT I DON'T KNOW, 'CAUSE WE GOT THEM AFTER, SO WE STOPPED CHECKING AT 10:00 AM. OKAY. UM, UH, THANK YOU. QUESTION FOR MR. ZUNIGA. THIS IS A QUESTION THAT COVERS THE ONLY, NOT ONLY THIS, BUT OTHERS THAT WE HAVE GONE, UH, RECENTLY. I HAD A, SOME TIME AND I WENT AND SEEN SOME, UH, BUILDER'S HOUSES THAT, YOU KNOW, I'LL GO TO. AND THEN, UH, OWNER PRE-OWNED ALSO. SO LET ME ASK YOU A QUESTION HERE ON OUR CODE ON THAT. UH, WHEN WE SAY FOR INSTANCE, AND THEY PUT GUTTERS, DON'T WE HAVE TO PUT A SPECIFIC, SOME OF THIS GUTTERS I CAN BUY, GO BUY HOME DEPOT, A THOUSAND DOLLARS WORTH OF GUTTERS THAT ARE FLIMSY OR LIKE, OR, YOU KNOW, FABRICATED TO IT AND WHERE THE SPOUSE GOES OUT. YEAH. HERE, LIKE THE ONE WE HAVE RIGHT HERE IN THERE, THE HOUSE, WE CAN'T, WE CAN'T, UH, CONTROL THAT. HUH? WE CAN'T CONTROL THAT. UM, BUT WE, WE CAN HAVE THE INFORMATION FOR IT. I MEAN, I MEAN, YOU DON'T GO OUT ON IT. WELL, THE, THE APPLICANT'S AMENDED HIS APPLICATION TO INCLUDE GUTTERS. UM, UH, THEY'RE, THEY'RE NOT SPECIFIED. SO I, I NOW, AND IT'LL, IT'LL BE REVIEWED AT THE, WHEN THEY OBTAIN THEIR BUILDING PERMIT AS WELL. UM, THAT'S ONE SAFEGUARD. AND THEN THE OTHER IS THAT, UM, IN GENERAL THERE'S STATE LAW NOW THAT DOES NOT ALLOW FOR, UM, CERTAIN MATERIALS TO BE PRESCRIBED FOR, FOR BUILDING MATERIALS. SO THAT'S ALL WE HAVE TO GO BY. WELL, I'LL GET A, A MORE THOROUGH ANSWER NEXT THURSDAY MORNING. WELL, THIS SORTS THURSDAY MORNING, BUT YEAH, I MEAN, YOU CAN'T PUT THE SPECIFICS BECAUSE YOU'RE NOT YEAH, WE, I CAN REASSURE YOU THAT WE SIR, POUR A LOT OF MONEY TO THE SIR, SIR, SIR, I'M SPEAKING. WE'RE OKAY. AND SO THIS IS THE SITUATION THERE THAT THE FABRICATIONS, ET CETERA, YOU KNOW, MISS MR. UNA SAID YOU PUT US, UH, GUTTERS IN THERE AND NOBODY ELSE GOES TO HIM. COCO. I KNOW, BUT WE, YEAH, I, YOU KNOW, YOU'RE JUST NOT ALLOWED TO TAKE IT THAT FAR. KNOW THE GAME DEFENSE. SO THIS IS WHY ASKING FOR, WE'RE LOOKING FOR, WE'RE LOOKING FOR A THANK YOU. WE'RE LOOKING FOR A MOTION. UH, THERE'S, THERE'S FOUR COMPONENTS TO THE MOTION STAFF IS, UH, RECOMMENDING THE SIDE SET BACK BE, BE CHANGED TO A, UH, A TWO FOOT VARIANCE, UH, JUST, JUST SO THAT EVERYONE KNOWS. UH, AND SO WHO WOULD LIKE TO MAKE THAT MOTION? AND I'LL MAKE COMMISSIONER UNA, I'M GONNA MAKE THE MOTION AS, AS READ. UH, REGARDING CASE NUMBER BO EIGHT DASH 22 DASH 0 3 0 0 2 3 3. I MOVE AT THE BOARD OF ADJUSTMENT GRAND. AND REQUEST FOR ONE, A REQUEST FOR A FIVE FOOT VARIANCE FOR THE MAXIMUM 10 FOOT FRONT YARD, UH, CARPORT, MAXIMUM HEIGHT IN THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT DESIGN STANDARD TO ALLOW A CARPORT TO BE, I GUESS IT WAS 13 FEET, ONE INCHES. IS THAT THE, UH, UH, NEW STATED HEIGHT AND TWO, A REQUEST FOR A FRONT YARD CARPORT, ROOF DESIGN VARIANCE FOR THE NEIGHBORHOOD FROM THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT, UH, DESIGN STANDARDS TO ALLOW CARPORT TO HAVE A PITCHED ROOF. UH, THREE, A REQUEST FOR A FIVE FOOT VARIANCE FROM THE 10 FOOT MINIMUM FRONT SETBACK REQUIREMENT AND DESCRIBED IN SECTION 35 DASH 51 6 516 G TO ALLOW A CARPORT TO BE FIVE FEET FROM THE FRONT PROPERTY LINE. AND FOUR, REQUEST FOR A FOUR FOOT LEVERAGE VARIANCE FROM A MINIMUM FIVE FOOT SIDE YARD REQUIREMENT TO ALLOW A CARPORT TO BE ONE INCH FROM THE SIDE PROPERTY LINE SITUATED 3 3 8 ANISA DRIVE. APPLICANT BEING GILBERT RODRIGUEZ BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SO THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. UH, SPECIFICALLY YOU FIND THAT ONE, THE VARIANCE IS NOT CONTRACTED TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE TO THE PUBLIC. THE APPLICANT IS REQUESTING FOR ONE, A REQUEST FOR FIVE FOOT VARIANCE WITH A MAXIMUM 10 FOOT FRONT YARD CARPORT, MAXIMUM HEIGHT IN THE JEFFERSON, UH, NEIGHBORHOOD. YEAH. NEIGHBORHOOD CONSERVATION, UH, DISTRICT DESIGN STANDARDS TO ALLOW CARPORT TO BE, UH, 13 FEET, ONE IN HEIGHT. THE TWO ARE REQUESTS FOR A FRONT YARD CARPORT, ROOF DESIGN VARIANCE FROM THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT DESIGN STANDARDS TO ALLOW CARPORT TO HAVE A PITCHED ROOF. THREE ARE REQUEST FOR FIVE FOOT VARIANCE FROM THE 10 FOOT MINIMUM FRONT SETBACK REQUIREMENT TO ALLOW CARPORT TO BE FIVE FEET FROM THE FRONT PROPERTY LINE. AND FOUR REQUESTS FOR, FOR FOUR FOOT 11 VARIANCE FROM THE MINIMUM FIVE FOOT SIDE YARD REQUIREMENT TO ALLOW CARPORT TO BE ONE INCH FROM THE SIDE PROPERTY LINE, UH, WHICH, UH, DOES NOT APPEAR TO BE CONTRACT TO PROVIDE ADEQUATE SPACING ALONG THE SIDE. PROPERTY LINE, UH, WOULD ADD THAT THE APPLICANT MAY TESTIMONY TO, TO A TODAY THAT HE WOULD PROVIDE GUTTERS ALONG THE SIDE PROPERTY LINE THAT WOULD DRAIN TOWARDS THE STREET. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT [02:35:01] OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN APPLICANT, UH, TO CONSTRUCT THE CARPORT LESS THAN THE, UH, 15 FEET IN HEIGHT THAN THE CARPORT WOULD BE WITH A OUTPITCH ROOF AND THE CARPORT TO BE 10 FEET FROM THE FRONT. PROPERTY. LIGHT, UH, STAFF FINDS AN UNNECESSARY HARDSHIP DUE TO THE LOCATION OF THE DRIVEWAY ON THE LOT IN THE, UH, LARGE TREE THAT THE APPLICANT WAS TRYING TO PRESERVE. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WOULD BE OBSERVED. THE 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. DUE TO THE CONFIGURATION OF THE PROPERTY, THE LOCATION OF THE DRIVEWAY, THIS WILL, WILL OBSERVE THE SPIRIT OF THE ORDINANCE. THREE, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT. SO THE VARIANCE IS LOCATED, NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FORCE VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CORNING PROPERTY OR ALSO THE ESSENTIAL CHARACTER OF THE DISTRICT WITH THE PROPERTY'S LOCATED, UH, STAFF FINDS THAT THE REQUESTED VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT UPON SITE VISIT, VISIT STAFF OBSERVED OTHER PROPERTIES WITH CARPORTS FOUND IN THE IMMEDIATE AREA FILED APPLIED. THE OWNER OF THE PROPERTY FOR THE VARIANCE OF SAW 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 AND NOT DUE TO THE RESULT OF GENERAL CONDITIONS OF THE DISTRICT WHICH THE PROPERTY IS LOCATED. UH, THE VARIANCE IS NOT SOUGHT DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY IS THE LOCATION, DRIVEWAY AND THE LOT, UH, THE VARIANCE REQUEST IS NOT MERELY FINANCIAL. SIX, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES, UH, WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL, NOT DUE TO THE RESULT OF GENERAL CONDITIONS. THE DISTRICT, WHEN THE PROPERTY IS LOCATED, THE VARIANCE SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY THAT PREVENT THE REQUIRED FRONT AND SIDE SETBACKS TO BE USED TO HEIGHT AND DESIGN THE CARPORT MATCHES OF THE LIGHT CARPORTS IN THE AREA. END OF MOTION. SECOND. SECOND BY COMMISSIONER ARMANA. COMMISSIONER ZUNA. YEAH. SO I'M GONNA, UH, SUPPORT THE VARIANCES AS RED. THE APPLICANT WILL PROVIDE THE, UH, GUTTERS TO DRAIN THE WATER TOWARDS THE FRONT. UM, THE, UH, APPLICANT WAS, UH, YOU KNOW, BUILT THE CARPORT TO REPLACE AN EXISTING CARPORT THAT HAD BASICALLY THE SAME FOOTPRINT AREA, UH, TRYING TO PROTECT HIS TRUCKS AND HIS CARS. UH, WE SOUGHT, UH, NUM NUMEROUS TESTIMONY OF NEIGHBORS THAT, UH, WERE IN SUPPORT OF THE PROJECT. UH, THAT IT WAS NICELY BUILT, WELL DESIGNED. UM, AND SO, YOU KNOW, I, I THINK, THINK THE ISSUES OF THE WATER WITH THE NEIGHBORING PROPERTY EXISTED WELL BEFORE, UH, THE CARPORT EXISTED. UH, JUST SEEING SOME OF THE PICTURES THAT WAS PROVIDED TO US, UH, I THINK, YOU KNOW, WITH THE GUTTERS, HOWEVER HE'S GONNA FIT 'EM ON, UH, WILL PROBABLY BE A, UH, MORE AN ADDITIVE AND, AND, AND BE A SOLUTION TO THE PROBLEM OF THE WATER. THAT WAS THE MAIN CONCERN OF THE NEIGHBORING PROPERTY OWNER. COMMISSIONER MANON. YEAH, SO, UM, I'M KIND OF ON THE FENCE ABOUT A COUPLE THINGS HERE, SO TRYING TO WORK THROUGH IT. UM, SO, SO A FRIENDLY AMENDMENT TO SET THE, UH, VARIANCE TO BE TWO FOOT, NINE INCH TO COVER THE HEIGHT, UH, VERSUS THE FIVE FOOT. UH, I KNOW YOU RECOGNIZE THE 13 FOOT ONE INCH, BUT, UH, TO INCLUDE THAT AS THE, UM, AS THE VARIANCE SIZE FOR THE MAXIMUM 10 FOOT. ARE YOU OKAY WITH THAT? YEAH, I ACCEPT IT. OKAY. SO, UH, SO THEN QUESTION, THE OTHER QUESTION I GUESS. COMMISSIONER MAN ON THE FRIENDLY AMENDMENT, UM, HE READ IT IN AS A 13 ONE, WHAT, WHAT? YEAH, 13 ONE, BUT HE LIFTED AS A FIVE FOOT VARIANCE FOR THE MAXIM, AND SO IT WOULDN'T BE, IT WOULD BE OKAY. I UNDERSTAND. SO IT'D BE ACTUALLY, UH, I GUESS APOLOGIZE, PLEASE CONTINUE. YEAH, SO TWO FOOT, ACTUALLY TWO FOOT, ONE INCH, I GUESS. SO FOR THE, UH, OR, OR THREE FOOT, ONE INCH. UM, AND THEN, UM, AND THEN, YOU KNOW, I, SO IT DID, IT DID MOVE FORWARD. UM, YOU KNOW, AND YOU KNOW, I, I HAVE A LITTLE CONCERN ABOUT THAT. UM, YOU KNOW, AND THEN JUST AS A NOTE FOR THE GUTTERS ON THE SIDE, I'M, I'M HAPPY TO HEAR THAT, YOU KNOW, BUT JUST AS A REMINDER, BASICALLY WE'RE ON THE PROPERTY LINE AND SO THE ROOF WOULD HAVE TO BE SHAVED BACK PAST THE PAST THE PILLARS SO THAT THE GUTTER CAN FIT IN PLACE. AND SO, 'CAUSE BASICALLY THE GUTTERS CANNOT SIT OVER THE PROPERTY LINE EITHER. RIGHT. AND SO, SO, SO REALLY WE'RE TALKING ABOUT CUTTING THAT BACK, YOU KNOW, YOU KNOW, TO BE ABLE TO DO THAT. YEAH, THAT'S, THAT'S, THAT'S THE APPLICANT'S, UH, ENGINEERING CHALLENGE. SO, BUT ANYWAY, SO, SO A LITTLE BIT OF CHALLENGES, BUT, YOU KNOW, UM, AS FAR AS THE, THE HEIGHT, YOU KNOW, I DO THINK THAT IS A NICE, YOU KNOW, DESIGN, YOU KNOW, I GUESS I'M IN CHALLENGE WITH REGARDS TO THE N C D AND UNDERSTANDING, YOU KNOW, THEIR, THEIR PREFERENCE FOR FLAT ROOFS. AND SO I'M, I'M STILL WORKING THROUGH THAT AND TRYING TO UNDERSTAND THAT PART. BUT, YOU KNOW, I DO THINK THAT IS A NICE LOOKING STRUCTURE, BUT I DO WORRY ABOUT THE, YOU KNOW, THAT THEY DID MOVE IT FORWARD. RIGHT. UH, ANY, UH, COMMISSIONER MENCHACA? UH, JUST A QUESTION OF CLARIFICATION. SO INSTEAD OF, UH, A THREE FOOT SETBACK, SIDE SETBACK, IT'S GONNA BE TWO FEET, IS THAT WHAT WE'RE SAYING? UH, THAT'S, THAT'S NOT HOW IT WAS READ. UH, IF THAT'S A, AN AMENDMENT YOU'D LIKE TO OFFER, UM, YOU CAN DO SO IT WAS JUST FOR THE HEIGHT. YEAH. OKAY. THANK YOU. THANK YOU. ANY OTHER COMMISSIONERS? COMMISSIONER SPELMAN? YEAH, I, I'LL BE VOTING, UH, UH, IN OPPOSITION TO THIS. I, I DON'T SEE ANY REASON WHY THEY CAN'T COMPLY WITH THE, YOU KNOW, DESIGN STANDARDS THAT WERE SET BY THE, [02:40:01] UH, YOU KNOW, N C D AND THERE'S NOTHING ELSE IN THE NEIGHBORHOOD THAT, UH, VIOLATES IT. UH, I, I, I CAN'T SEE ANY REASON WHY THEY NEED THAT ROOF, UH, TO BE PITCHED IN, IN VIOLATION OF THE N C U GUIDELINES. OKAY. UH, ANY OTHER COMMISSIONERS? ALRIGHT, UH, I'LL JUST ADD THAT, UH, YOU KNOW, I, I, THERE'S DIFFERENT LEVELS OF PITCH ROOF. THIS ONE'S SO MILD, IT DOESN'T, UH, BOTHER ME AND IT'S SO WELL CONSTRUCTED AND, AND, AND COMPLIMENTARY TO THE HOME. UH, I JUST, I DON'T HAVE A PERSONAL ISSUE WITH THIS PARTICULAR ONE. UH, I DO HAVE AN ISSUE WITH, UM, IT, IT EXTENDING OVER TO THE SIDE. AND SO, UM, YOU KNOW, I I I CAN'T SUPPORT, UM, THIS, THIS ENCROACHING OVER THE PROPERTY LINE. SO WITH KEEPING IT AT ONE INCH WITH THE INCLUSION OF GUTTERS IS GONNA FORCE IT TO BE SCOOTED OVER SHAVED OR, OR, OR SOME SORT OF MECHANISM TO, UH, GET IT AWAY FROM THE PROPERTY LINE. BUT YEAH, BUT, BUT AS READ, I'LL, I'LL BE IN SUPPORT. SIR JOE, I'D JUST LIKE TO ADD ALSO THAT THE APPLICANT WOULD HAVE TO GO THROUGH THE PERMITTING PROCESS WITH THE CITY, WHICH WOULD ADDRESS ANY FIRE CODE AND FIRE ISSUES AND MATERIALS THAT WOULD ALSO, UM, UH, BE A, YOU KNOW, YOU KNOW, ANOTHER BENEFIT TO RIGHT. GETTING A PERMITTING IN PLACE. SO WITH THAT, UH, LET'S HAVE A ROLL CALL. VOTE PLEASE. MR. UNA? YES, I CONCUR. MR. MANNA. I DO NOT CONCUR. MR. STEELMAN. I DO NOT CONCUR. MR. MENCHACA. I DO NOT CONCUR. MS. LYNN? I CONCUR. MS. CRUZ, I CONCUR. MR. ZUNIGA? NO. DO I DO NOT CONCUR MS. KAPLAN? I DO NOT CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN. UH, I CONCUR WITH THE FINDINGS OF FACT. BEFORE I READ THE RESULTS, I WOULD LIKE TO ASK, UH, ANYONE IN OPPOSITION, UH, TO, TO OFFER, UH, AN AMENDMENT IF IT'S NOT TOO LATE? LEGAL, CAN AN AMENDMENT STILL BE OFFERED? UM, IF YOU'VE CALLED THE VOTE, UM, YOU'D PROBABLY HAVE TO GO THROUGH THE PROCESS. I HAVE NOT CALLED THE VOTE YET. UM, IS, UH, ANYONE IN OPPOSITION? IS THERE A PARTICULAR ITEM THEY WOULD LIKE TO ASK FOR AN AMENDMENT HEARING? NONE. ALL RIGHT. MOTION FAILS. IT IS, I HAVE, UH, FOUR, FIVE TO, I'M SORRY, SIX. SIX TO FOUR. I THINK I HAD FOUR IN OPPOSITION. SO MOTION FAILS. SIX TO FOUR. ALL RIGHT, SIR, IF YOU GET WITH STAFF THOUGH, EXPLAIN WHAT TO DO. CHAIR. MAY NEED A BREAK. YES, SIR. YEAH. I'M GONNA CALL A 10 MINUTE BREAK. WE'LL RECONVENE IN 10 MINUTES. CALL THE MEETING BACK INTO SESSION. WE'RE GONNA START WITH I, UM, ITEM EIGHT, COMMISSIONER BRAMAN IS LEAVING FOR RECUSAL. ITEM NUMBER A B O A DASH 22 DASH 0 3 0 0. ITEM NUMBER 7 0 7. APOLOGIZE. YEAH. OKAY. UH, BO O A DASH 22 DASH 1 0 3 0 0 2 6 0. ADDRESS BEING 1 0 3 ST. ANNE IN CITY COUNCIL. DISTRICT NUMBER ONE, APPLICANT BEING JIM TEFOYA. A REQUEST FOR ONE, A SEVEN FOOT VARIANCE FROM THE MINIMUM AND 20 FOOT GARAGE SETBACK REQUIREMENT TO ALLOW A GARAGE TO BE 13 FEET FROM THE FRONT PROPERTY. LINE TWO, A REQUEST FOR A FOUR FOOT FIVE INCH VARIANCE FROM THE MINIMUM 10 FOOT REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE FIVE SEVEN INCHES FROM THE REAR PROPERTY LINE. AND THREE, A VARIANCE FROM THE MAXIMUM MAXIMUM 50% IMPERVIOUS COVER REQUIREMENT TO ALLOW THE FRONT YARD TO EXCEED THE 50% IMPERVIOUS COVER. THE CURRENT ZONING IS R FOUR. THE SUBJECT PROPERTY IS LOCATED ON THE INTERSECTION OF CINCINNATI STREET AND ST. ANN'S. SHE, THE APPLICANT IS REQUESTING A VARIANCE TO DEVIATE FROM THE REQUIRED 20 FOOT GARAGE SETBACK, 10 FOOT REAR SETBACK REQUIREMENT, AND EXCEED IMPERVIOUS COVERAGE. THE SUBJECT PROPERTY RECENTLY UNDERWENT AN ADDRESS RANGE TO BE ADDRESSED OFF ST. ANN'S STREET, PROVIDING NEW SETBACK LIMITATIONS. ADDITIONALLY, THE SUBJECT PROPERTY WENT TOWARDS THE BOARD OF ADJUSTMENT IN 2018 AND WAS GRANTED THE REQUEST FOR THE GARAGE SETBACK. HOWEVER, IT WAS EXPIRED BECAUSE THE APPLICANT DID NOT OBTAIN BUILDING PERMITS WITHIN A ONE YEAR PERIOD. AND HERE IS THE SITE PLAN AND THE SUBJECT PROPERTY. [02:45:03] AND THESE, THIS IS THE GARAGE SETBACK MEASUREMENT, THE REAR SETBACK MEASUREMENTS, AND THEN THESE SURROUNDING AREAS. STAFF RECOMMENDATION, GARAGE REAR AND IMPERVIOUS COVER VARIANCES. STAFF RECOMMENDS APPROVAL IN BO O A DASH 22 DASH 0 3 0 2 60 BASED ON THE FOLLOWING. ONE, THE REQUESTED VARIANCE PROVIDES ADEQUATE DISTANCE BETWEEN THE GARAGE AND FRONT PUBLIC RIGHT OF WAY. TWO, THE DISTANCE BETWEEN THE STRUCTURE AND THE REAR PROPERTY LINE WOULD PROVIDE ENOUGH ROOM FOR MAINTENANCE AND WOULD NOT CREATE WATER RUNOFF ON THE ADJACENT PROPERTY. AND THREE, THE IMPERVIOUS COVER REQUESTS PROVIDES A DECENT AMOUNT OF PERMEABLE SURFACES IN THE FRONT YARD. AND HERE'S THE NOTIFICATION PLAN. STAFF MAIL 28 NOTICES ZERO IN FAVOR TO AND OPPOSITION AND NO RESPONSE FROM THE UPTOWN NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. CHRIS. ALRIGHT. THANK YOU VERY MUCH. THANK YOU. COMMISSIONER MENCHACA. UH, WAS THERE ANY, UH, PERMIT ISSUES ON THIS BILL WITH A PERMIT? UM, THEY OBTAINED THE PER, UM, THE VARIANCE REQUEST IN 2018, UM, FOR THE GARAGE, BUT THEY DIDN'T, UH, OBTAIN IT WITHIN A ONE YEAR PERIOD. IS THAT WHAT YOU'RE ASKING? WHAT, YEAH, RIGHT NOW ARE THERE ANY PERMIT ISSUES WITH THIS? UH, I CAN DEFINITELY CHECK FOR YOU. SO THEY, THEY WERE APPROVED FOR THE GARAGE PREVIOUSLY, BUT THEY DIDN'T INVOKE THE RIGHT TO USE IT AND IT DIED. IS THAT WHAT HAPPENED? CORRECT. AND, AND WITH WHAT'S OUT THERE, THEY ARE GONNA BE PUTTING IN FOUR DRIVEWAYS ONTO SAINT ANNE. UM, THERE HAS BEEN SOME LAST MINUTE CHANGES, HOWEVER THE APPLICANT CAN EXPLAIN THAT A LITTLE BIT FURTHER. ALRIGHT, THANK YOU. THANK YOU. HAVE THE APPLICANT COME FORWARD. PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE, PLEASE. YEAH, GOOD AFTERNOON, COMMISSIONERS. MY NAME IS JIM TEFOYA. I WORK WITH, UH, BRIO BUILDERS, THAT'S OUR COMPANY. AND, UM, OKAY. I'M SORRY SIR, I CAN'T HEAR YOU. YEP, SORRY ABOUT THAT. IS THAT BETTER? YEAH, THANK YOU. OKAY, SURE. MY NAME IS JIM TEFOYA AND I'M THE, UH, CONTRACTOR THAT'S BEEN HIRED BY THE OWNERS OF THIS, UH, PARTICULAR BUILDING. SO REGARDING PERMITTING, UM, THIS PROJECT WAS INITIALLY PERMITTED BY A DIFFERENT CONTRACTOR AND THE PERMITS WENT THROUGH SEVERAL DIFFERENT PHASES THAT WERE APPROVED. UM, AND, UH, JUST LIKE JOSEPH MENTIONED, THERE WAS A, UH, BOARD OF ADJUSTMENTS HEARING BECAUSE OF THE SIZE OF THE LOT, THE PLACEMENT OF THE BUILDING THAT WAS APPROVED NOW THE DUE TO, UH, FINANCIAL, UH, SITUATIONS AND THE PREVIOUS CONTRACTOR'S OBLIGATIONS AND THE OWNERS. UM, THE JOB WAS JUST ABANDONED. OKAY. THAT HAPPENED SOMEWHERE AROUND MAYBE 19, UH, ABOUT 2019, RIGHT BEFORE COVID. SO THIS PROPERTY AND THIS PROJECT HAS SAT UNTOUCHED SINCE, UM, I THINK THE LAST ACTIVITY ON THE PERMIT, I THINK MAY HAVE BEEN SOMEWHERE IN THE, AROUND THE SUMMER OF 20. UM, BUT THIS IS WHY WE'RE COMING TO YOU TODAY IS, UH, TO SEEK APPROVAL FOR THE GARAGE SETBACKS. UH, UPON MEASURING, UH, JOE JOSEPH AND HIS TEAM, THEY FOUND THAT THERE'S SOME ADDITIONAL, UM, VARIANCE REQUESTS THAT WE NEED TO, TO SUBMIT. SO BASICALLY, BOTTOM LINE, I'M THE NEW CONTRACTOR COMING IN. THE OWNERS HAVE GONE THROUGH, UH, A BANK THAT WE WORK WITH. THEY'VE BEEN APPROVED FOR FINANCING, APPROVED FOR FUNDING, UM, AND THEY'RE, UH, READY TO MOVE FORWARD. THE, UM, SO THEY'RE READY TO MOVE FORWARD AND READY TO GET THIS PROJECT FROM JUST STANDING STILL DOING NOTHING. SO, UM, AND THAT'S WHY WE'RE HERE TO YOU TO SEEK A SEEK APPROVAL. THIS PROJECT WAS PREVIOUSLY APPROVED FOR THE GARAGE, UH, SETBACKS. SO, UM, WE'RE ASKING THAT FOR CONSIDERATION AND ALSO THE BACK INSIDE, UH, SETBACKS AS WELL. NOW, UM, BECAUSE OF THE PREVIOUS CONTRACTOR'S BUDGET AND THE OWNER'S UNDERSTANDING OF THAT SPECIFIC BUDGET, THEY COME UP WITH SOME A, A FOURPLEX SITUATION. WELL, UH, WE GOT INVOLVED IN THE PERMITTING PROCESS. WE'VE BEEN WORKING WITH, UM, THE LIAISONS FOR THE PERMITTING PROCESSES, AND WE'VE LEARNED THAT ON THE FOURPLEX IT HAS TO BE SPRINKLED. NOW WE'VE SOUGHT SOME, UM, PRICING ON SPRINKLER SYSTEMS AND THE SPRINKLER SYSTEM, ALONG WITH MONITORING OF THE SPRINKLER SYSTEM AND FIRE ALARM MONITORING ARE GONNA MOVE THIS THING, UM, UH, CLOSE TO $60,000 OF UNEXPECTED [02:50:01] BUDGETS. SO FOR THAT REASON, WE HAVE NOW DECIDED TO MOVE THIS THING INTO A DUPLEX OR BUILD A DUPLEX OR FINISH IT OUT ACTUALLY AS A DUPLEX AND NOT A FOURPLEX. SO THERE'S GONNA BE SOME MODIFICATIONS AS FAR AS DRIVEWAYS GO, BUT AS FAR AS THE STRUCTURE, WE DON'T PLAN ON MAKING ANY MOVEMENTS ADJUSTMENTS. AND, UM, UH, AS FAR AS THE, THE BUILDING IS CONCERNED AND HOW IT SITS RIGHT NOW, SO ARE, ARE YOU TRYING TO PUT IN FIREWALLS SO THAT YOU'RE STILL HAVING FOUR DOLING UNITS, BUT IT'S LOOKED AT AS TWO DUPLEXES NEXT TO EACH OTHER? SO WE'RE CONVERTING, WE'RE CHANGING THE WHOLE PLAN FROM DOING A FOURPLEX INTO A DUPLEX. NOW THE DUPLEX, TO ANSWER YOUR QUESTION, THE DUPLEX WILL HAVE A, A FIREWALL IN BETWEEN BOTH UNITS. SO YOU ARE ONLY GONNA HAVE TWO DWELLING UNITS ON THIS PROPERTY? YES. OKAY. WE ARE MAKING THAT CONVERSION. AND THEN, UH, ON THE, SO, SO YOU'RE STILL GONNA HAVE FOUR GARAGES OR JUST TWO, TWO GARAGES. ARE THEY DOUBLE WIDE GARAGES OR SOMETHING? WE'RE GONNA COMBINE 'EM INTO A DOUBLE WIDE, YES. OKAY. ALRIGHT. UM, STAFF, IS THERE ANYONE SIGNED TO SPEAK ANY PUBLIC COMMENTARY? THERE'S NO PUBLIC COMMENT. ALRIGHT, SO WE'RE GONNA OPEN THIS UP TO QUESTIONS. WHO, ANY COMMISSIONER QUESTIONS? SURE. AND A FOLLOW ON QUESTION? SORRY. UH, FOLLOW ON ANSWER TO YOUR QUESTION. THE APPLICATION WAS, UH, FIRST INITIATED IN 2018 AND IT STILL IS OPEN. WOW. OKAY. UM, ALRIGHT. UM, WHO'D LIKE TO GO FIRST? COMMISSIONER. MAD. OKAY. SO, UM, FIRST QUESTION IS, UM, THE, THE, UH, ADJACENT NEIGHBOR IS IN OPPOSITION. HAD YOU HAD AN OPPORTUNITY TO FIND OUT WHAT IT WAS THAT THEY WERE, YOU KNOW, I GUESS WHAT, WHY WAS IT THAT THEY WERE IN OPPOSITION? UH, WE DO NOT KNOW. WE HAVE NOT HAD THE OPPORTUNITY TO FIND OUT WHY THE, UH, THEY WERE IN OPPOSITION. AND THIS SECOND QUESTION IS MAYBE FOR STAFF. SO IF I UNDERSTOOD CORRECTLY IN THE INTRODUCTION, UH, THERE WAS A CHANGE OF ADDRESS REQUESTS AND THAT'S WHAT CHANGED SOME OF THE, UM, SETBACKS. AND, AND THAT'S WHAT'S DRIVING PART OF THE DIALOGUE HERE. THE, THE ADDRESS CHANGE, UM, PROVIDED A NEW SET OF LIMITATIONS FOR THE REAR SETBACK. SO THE ONES PREVIOUSLY SIDE SETBACK IS NOW THE REAR SETBACK. OKAY. THANK YOU. COMMISSIONER CRUZ. THANK YOU. UM, SO INSTEAD OF THE FRONT OF THE DUPLEX BEING ON CINCINNATI, IT WILL BE ON SAINT ANNE, IS THAT CORRECT? THAT'S, THAT IS WHAT, WHAT WERE WE PROPOSING? YES. OKAY. BUT IT WILL STILL ONLY BE A DUPLEX. ALL RIGHT. AND YOU STILL, OKAY, YOU'VE GOT TWO NEIGHBORS THAT ARE OPPOSING IT, BUT YOU HAVEN'T BEEN ABLE, YOU DON'T KNOW IF THE PROPERTY OWNER HAS TALKED TO THEM YET OR NOT, RIGHT? WE DO NOT HAVE ANY INFORMATION ON THE OPPOSITION. UH, OKAY. THANK YOU. STATEMENTS AND CONCERNS? YEAH. OKAY. ANY OTHER COMMISSIONER QUESTIONS? ALRIGHT, SO HOW WIDE IS THE SIDEWALK IN FRONT OF THIS? IT LOOKS LIKE A FOUR FOOT SIDEWALK. FOUR FOOT, OKAY. SO IF YOU'RE ASKING FOR A, A, A VARIANCE FOR A 13 FOOT DRIVE, WHEN YOU INCLUDE THAT FOUR FOOT SIDEWALK TO THE FACE OF CURB, YOU COULD MOST LIKELY FIT A CAR IN THERE, BUT IT'S GONNA BLOCK THE SIDEWALK AXIS. HAVE YOU THOUGHT ABOUT, UH, AS YOU'RE REDOING YOUR PLANS AND INSTEAD OF PUTTING IN, UH, GARAGES WITH GARAGE DOORS, JUST PUTTING IN A OPEN CARPORTS SO THAT YOU REMOVE THE POTENTIAL FOR CARS BLOCKING THE SIDEWALK? UH, WE HAVE NOT, UM, GONE THROUGH THAT PROCESS AND HAVE, UH, THOUGHT ABOUT THAT. UH, I THINK THAT, UH, WE'RE TRYING TO, UH, TO BUILD A, UM, DO YOU HAVE THE PHOTOS? I'M SORRY, I DIDN'T, I DIDN'T BRING A JUMP DRIVE IN. SO THESE PHOTOS, UH, NO. YEAH, THAT YOU CAN PULL THAT ONE UP. YEAH. SO THE, WHERE THE GARAGE IS SET RIGHT NOW, WE WOULD LIKE TO KEEP THOSE GARAGES THERE AND JUST MAKE THEM, UH, UH, DOUBLE CAR GARAGES INSTEAD OF SINGLES. OKAY. SO WE WOULDN'T BE MOVING ANY OF THOSE. UM, BUT I FEEL THAT THE, UM, WE HAVE NOT CONSIDERED A CARPORT SITUATION. TO ANSWER YOUR, YOUR QUESTION, WE HAVE NOT CONSIDERED THAT. UM, BUT THAT WOULD GIVE US, UH, 13. NO, THAT WOULD GIVE US ENOUGH. WELL, IF YOU DON'T HAVE A STAFF, IF, IF THERE'S NO GARAGE DOOR AND IT'S JUST AN OPEN CARPORT, THERE'S NO VIOLATION. CORRECT. YEAH. THAT WOULD JUST BE A CARPORT IF THERE'S NO, UH, CLOSING NO, THAT'S OKAY. IT CAN, IT CAN BE AN OPEN IF, IF YOU TAKE OFF THE GARAGE DOOR AND YOU JUST LEAVE IT AS AN OPEN GARAGE. I, I I'M JUST SAYING THAT THERE WOULDN'T BE A 20 FOOT VIOLATION. I'M, I'M JUST WONDERING. SO, 'CAUSE I'M LOOKING ON GOOGLE MAPS AND ON THE OTHER SIDE OF THE STREET, I MEAN, THERE'S A CAR PARKED IN A SIMILAR FASHION AND [02:55:01] HE'S BLOCKING THE SIDEWALK. AND SO, YOU KNOW, THAT'S SOMETHING I'M PUTTING OUT THERE. OKAY. ANY OTHER CO COMMISSIONER QUESTIONS? UH, AND, AND I THINK WHAT WE WOULD LIKE TO TRY TO DO IS TO, UH, IMPROVE THE, THE BUILDING SIGNIFICANTLY. UH, WE'RE PLANNING ON DOING SOME, UM, ROOF, UH, FRONT PORCH, UH, DESIGN, JUST SOME MORE MODERN ELEMENTS, KEEPING WITHIN THE SETBACKS, JUST DOING SOME MORE MODERN, UH, ELEMENTS TO THE ACTUAL FRONT FACADE. BUT AS A DUPLEX, HOW MANY BEDROOMS ARE WE TALKING ABOUT? THREE. THREE. IT'S A 3, 2, 3, 2. YES SIR. 3, 3, 2. AND APPROXIMATELY 2000 SQUARE FOOT EACH. I'M JUST, I'M JUST WONDERING, YOU KNOW, MOST OF THE THREE TWOS, YOU'RE GONNA HAVE TWO CARS. AND SO, I MEAN, TWO CAR GARAGE IS NICE. I'M JUST, I'M JUST TRYING TO ALLEVIATE PEOPLE PARKING AND BLOCKING SIDEWALKS, STICKING OUT TO THE STREET, THAT KIND OF THING. RIGHT? ALL RIGHT. IS THERE ANY OTHER QUESTIONS? HEARING NONE. IS ANYBODY LIKE TO MAKE A MOTION? MANNA COMMISSIONER MANNA REGARDING CASE NUMBER BO 8 2 2 1 0 3 0 2 6, I MOVED AT THE BOARD OF ADJUSTMENT GRANT, THE REQUEST FOR ONE, A REQUEST FOR A SEVEN FOOT VARIANCE FROM THE MINIMUM 20 FOOT GARAGE SETBACK REQUIREMENT TO ALLOW A GARAGE TO BE 13 FEET FROM THE FRONT PROPERTY LINE. TWO, A REQUESTS FOR A FOUR FOOT FIVE INCH VARIANCE FROM THE MINIMUM 10 FOOT REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE FIVE FOOT SEVEN INCHES FROM THE REAR PROPERTY LINE. AND THREE, A VARIANCE FROM THE MAXIMUM 50% IMPERVIOUS COVER REQUIREMENT TO ALLOW THE FRONT YARD TO EXCEED THE 50% IMPERVIOUS COVER SITUATED AT 1 0 3. SAINT ANNE. APPLICANT BEING IN BRIO BUILDERS BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH SAFETY AND WELL FOR THE PUBLIC. IN THIS CASE, THE INTEREST OF THE PUBLIC IS DEPICTED BY THE ENFORCEMENT OF GARAGE SETBACKS TO ENSURE THAT VEHICLES DO NOT INTERFERE WITH THE RIGHT OF WAY, THE REQUESTED VARIANCE PROVIDES ADEQUATE DISTANCE BETWEEN THE GARAGE AND FRONT PROPERTY LINE, WHICH IS NOT CONTRARY TO THE PUBLIC INTEREST. ADDITIONALLY, THE APPLICANT IS REQUESTING A VARIANCE FOR THE REAR SETBACK, UH, AND TO EXCEED THE IMPERVIOUS COVER REQUIREMENT. STAFF FINDS A DISTANCE BETWEEN THE STRUCTURE AND THE REAR PROPERTY LINE IS NOT CONTRARY BECAUSE THERE WOULD BE ENOUGH ROOM FOR MAINTENANCE AND WILL NOT CREATE WATER RUNOFF ON THE ADJACENT PROPERTY. FURTHERMORE, THE REQUESTED IMPERVIOUS COVER IS NOT CONTRARY AS THIS WILL ALLOW FOR MORE SPACE TO PARK VEHICLES ON THE OWNER'S PROPERTY AND OFF THE PUBLIC STREET. 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 HAVING TO ALTER THE GARAGE SETBACK TO 20 FOOT, ADJUST THE REAR SETBACK TO 10 FOOT AND REDUCE THE IMPERVIOUS COVER. THIS WOULD RESULT IN UNNECESSARY HARDSHIP BY HAVING THE APPLICANT ALTERING THE EXISTING MAIN STRUCTURE TO ABIDE BY THE ENFORCED LIMITATIONS. THREE. BY GRANTING THE VARIANCE, THE SPEAR OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPEAR OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. SUBSTANTIAL JUSTICE WILL BE SERVED AS THIS WILL ALLOW FOR VEHICLES TO USE THE GARAGES FOR THE ACQUIRED OFF STREET PARKING. THE CURRENT REAR SETBACK OF FIVE FOOT SEVEN INCHES WILL OBSERVE THE SPIRIT OF THE ORDINANCE AS THIS REQUEST PROVIDES A SUITABLE AMOUNT OF SPACING BETWEEN THE SUBJECT AND ADJACENT PROPERTIES. FURTHERMORE, THE IMPERVIOUS COVER REQUEST PROVIDES A DECENT AMOUNT OF PERAL SERVICES IN THE FRONT YARD. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORED, AUTHORIZED IN THE ZONING DISTRICT IN WHICH THIS VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. THE REQUIRED VARIANCES WILL NOT INJURE THE APPROPRIATE USES OF ADJACENT PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE, THE NEIGHBORHOOD AS THE REQUESTED GARAGE SETBACK. VARIANCE IS HIGHLY UNLIKELY TO AFFECT THE PUBLIC RIGHT OF WAY AND IS THE ONLY PROPERTY ON THE BLOCK FACE ADDRESSED OFF ST. ANNE STREET. THE REQUESTED REAR SETBACK VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS SMALLER LOTS WERE FOUND IN THE IMMEDIATE AREA. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE NARROW LOT SIZE AND ORIENTATION OF THE NEWLY ADDRESSED STRUCTURE OFF SAINT ANN STREET. END OF MOTION. SECOND. SECOND BY COMMISSIONER KAPLAN. COMMISSIONER MANNA. SO, UH, YOU KNOW, WE CAME TO DECISION EARLIER, I GUESS IN A PREVIOUS CASE AND SO I I REALLY CAN'T FIND ANYTHING THAT WOULD WARRANT, YOU KNOW, A CHANGE IN MY OPINION FROM THE PREVIOUS ONE. UM, YOU KNOW, CHANGING OF ADDRESS I THINK IS WHAT DROVE A LOT OF THIS. AND THEN AS A NOTE, THE SIDEWALK IS AGAINST THE STREET VERSUS ACROSS THE WAY. IT'S BIT, IT'S ACTUALLY UP, THERE'S A, I GUESS A GAP THERE. SO, SO IT ACTUALLY, IF THERE IS ANY CARS PARKED, THERE'LL BE MINIMAL. SO I'LL BE VOTING IN FAVOR. [03:00:01] I AGREE WITH HIM ALL. ANYONE ELSE LIKE TO ADD HEARING? NONE US HAVE A ROLL CALL VOTE MR. MR. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN CONCUR. 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. MR. OZUNA. I CONCUR. CHAIR ORIAN AND I ALSO CONCUR. MOTION PASSES. NINE TO ZERO. ALL RIGHT, UM, WE'RE GONNA HEAR ITEM NUMBER EIGHT AT THIS TIME I'LL BE RECUSING AND TURNING THE GAVEL OVER TO COMMISSIONER ZUNA. ITEM NUMBER EIGHT IS, WAIT, IF WE COULD WAIT A SECOND. SO WE'RE TRYING TO GET A RUM. ITEM NUMBER A IS BO O A DASH 22 DASH 1 0 3 0 0 2 6 1. ADDRESS BEING 28 0 3 MOSS ROCK DRIVE IN CITY COUNCIL DISTRICT ONE APPLICANT BEING ELIZABETH HAYNES ARCHITECT A REQUEST FOR A TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT FENCE HEIGHT REQUIREMENT TO ALLOW A PREDOMINANTLY OPEN FENCE TO BE EIGHT FEET TALL ALONG THE REAR AND SIDE YARD TO A THREE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT FRONT FENCE HEIGHT REQUIREMENT TO ALLOW A PREDOMINANTLY OPEN FENCE TO BE EIGHT FOOT TALL ALONG THE FRONT YARD. AND THREE A SEVEN FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A FENCE TO BE EIGHT FEET FROM THE FRONT AND SIDE DRIVEWAYS. THE CURRENT ZONING IS OH DASH 1.5. THE SUBJECT PROPERTY IS LOCATED ALONG MOSS ROCK DRIVE NEAR THE INTERSECTION OF VAN JACKSON ROAD AND NORTHWEST LOOP FOUR 10. THE APPLICANT CONSTRUCTED AN EIGHT FOOT FENCE IN THE FRONT, REAR AND SIDE YARDS. ADDITIONALLY, THE FRONT THE FENCE ENCROACHES INTO THE CLEAR VISION AREA FOR THE FRONT AND SIDE DRIVEWAYS. UPON SITE VISITS, THE FENCE MEASURED EIGHT FEET FROM THE FRONT AND SIDE. DRIVEWAYS. FENCES THAT ARE CONSTRUCTED IN THE FRONT YARD ARE ALLOWED TO BE FIVE FEET, A PREDOMINANTLY OPEN AND SIX FEET IN THE SIDE AND REAR YARDS. FURTHERMORE, FENCES ARE REQUIRED TO MAINTAIN A MINIMUM DISTANCE OF 15 FEET WHEN LOCATED NEAR A DRIVEWAY. ADDITIONALLY, THERE IS A 30 FOOT PUBLIC EARTH, EARTH AND CHANNEL, WHICH SEPARATES THE RESIDENTIAL THESE ZONE DISTRICTS FROM THE SUBJECT PROPERTY. AND HERE'S THE SITE PLAN AND THE SUBJECT PROPERTY, THE FENCE HEIGHT MEASUREMENTS, THE REAR FENCE HEIGHTS, AND THEN THE CLEAR VISION AS WELL AS THE CLEAR VISION MEASUREMENT. AND THEN THE PUBLIC EARTHEN CHANNEL, UH, IN THE REAR YARD WHERE THE EIGHT FOOT FENCE, UM, ALSO IS. AND THEN THE SURROUNDING AREAS. THE STAFF RECOMMENDATION FOR THE FENCE HEIGHT, SPECIAL EXCEPTION STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING. UH, ONE, THE FENCE WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT AND ADJACENT PROPERTIES. AND TWO, THE PROPERTY IS SEPARATED FROM RESIDENTIAL AREAS BY A PUBLIC EARTH AND CHANNEL. FOR THE CLEAR VISION VARIANCE, STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING, THE DRIVEWAY WILL NOT HAVE ANY VEHICLES BACKING OUT OF IT. AND TWO, THE CLEAR VISION REQUEST ALLOWS A FENCE TO BE EIGHT FEET FROM THE FRONT END SIDE. DRIVEWAYS, UH, IT WAS OBSERVED THE SPIRIT OF THE ORDINANCE BY PROVIDING A SAFE DISTANCE BETWEEN TWO POINTS, ALLOWING, UM, THE VEHICLE TRAFFIC TO NOT BE OBSTRUCTED. AND HERE IS THE NOTIFICATION PLAN. UH, STAFF MAILED 22 NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION. AND WE HAD NO RESPONSE FROM THE COLONIAL HILLS NEIGHBORHOOD ASSOCIATION. AND THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. THANK YOU. THANK YOU. UH, THIS APPLICANT YOU PLEASE COME FORWARD. HELLO. GOOD AFTERNOON. UM, I'M REPRESENTING RISE RECOVERY. IT IS A NONPROFIT ORGANIZATION THAT HELPS TEENS, YOUNG ADULTS AND FAMILIES OVERCOME THE EFFECTS OF DRUGS AND ALCOHOL [03:05:01] THROUGH COUNSELING AND EDUCATION. THEY HAVE MEETINGS, COMMUNITY EVENTS AND EDUCATIONAL EVENTS ARE HELD THROUGHOUT THE DAY. AND SOMETIMES IN THE EVENING. WE'RE RESPECTFULLY REQUESTING THIS VARIANCE FOR THE SAFETY AND PROTECTION OF THEIR PROPERTY AS WELL AS FOR THE USERS OF THE PROPERTY, FAMILIES, CHILDREN AND ADULTS. THANK YOU. THANK YOU. LET'S SEE, UH, FIRST ANY AND PUBLIC RECORD OR ANYBODY, UH, SIGNED UP TO SPEAK? THERE IS NO PUBLIC COMMENT. OKAY. THANK YOU. LET'S SEE IF ANY OF THE BOARD MEMBERS MIGHT HAVE ANY COMMENTS. MS. GERMANA? MANNA. OKAY, SO, UM, SO FIRST QUESTION IS ON THE, UH, I'M TRYING TO FIGURE OUT THE DIRECTION HERE ON, I GUESS ON THE, WHILE USE THE MAP HERE NORTHEAST OR YEAH, NORTHEAST SIDE. IT SHOWS EIGHT EIGHT FOOT CLEAR VISION FROM THE SIDE DRIVEWAY CURB. AND RIGHT NOW IT DOESN'T LOOK LIKE THERE'S A GATE. THERE IS ARE ARE YOU A GATE? NO, THERE'S NOT A GATE THERE. DO YOU PLAN ON PUTTING A GATE THERE? YES, WE DO. OKAY. WHAT WOULD BE THE HEIGHT OF THAT GATE? 'CAUSE RIGHT NOW THERE'S A CURB THERE THAT'S LIKE TWO FOOT UP AND YOUR FENCE IS ON TOP OF THAT TWO FOOT. SO IS A GATE IT WOULD EVEN WITH THAT? OR IS IT BE EVEN WITH THAT? OKAY, SO WE CAN LOWER IT IF NEED TO BE. OKAY. SO THE, SO THE GATE THAT THEY'RE REQUESTING THEN IS GONNA BE A 10 FOOT TALL GATE THEN? WELL, THE PROPERTY, THE, THERE IS A, BECAUSE OF THE SLOPE ON THAT SIDE, THERE IS A RETAINING WALL. AND SO, BUT IT'S NOT THAT WAY ALL THE WAY AROUND THE PROPERTY. IT'S A CURB THAT ENDS UP BEING A RETAINING WALL. SO QUESTION FOR CITY STAFF IS, SO, UM, IF THERE IS A DRIVEWAY THAT EXITS OUT, UM, THAT IS CUT OUT AND I GUESS IS NOT PARTICIPATING IN THE RETAINING WALL, UM, CAN THAT GATE BE 10 FOOT IN AS FAR AS THIS REVIEW HERE OR NO, SIR. OKAY. SORRY. WE CAN LOWER THAT. WE CAN LOWER THAT GATE. OKAY. SO YEAH, SO IF WE SIT, IF WE RECOMMEND FOOT, I THINK THAT'S THE MAXIMUM, MAXIMUM HEIGHT THAT WE CAN GIVE ON THAT GATE. SO IT'D HAVE TO BE AT LOWER HEIGHT. RIGHT. OKAY. SO MY UNDERSTANDING FROM THE STRAIGHT, SO BASICALLY FROM THE ROAD, CORRECT? CORRECT. ONLY EIGHT FEET. RIGHT. I GOTCHA. UM, AND THEN THE SECOND QUESTION I HAD IS, AND SO, SO THE SOME OF THE MATERIAL, IT LOOKS LIKE PART OF THE FENCE WAS BUILT, BUT NOT ALL OF IT. AND SO ON THE, UM, ON THE SIDE FACING MOSS ROCK, IT TALKS ABOUT, UM, STEEL PANELS. UM, THERE'S AN EXISTING FENCE WHEN I LOOK AT THE OLD PICTURE THAT SHOWED THE SAME KIND OF METAL, UH, FENCING OPEN, PREDOMINANTLY OPEN FENCING CLOSER TO THE BUILDING. SO IS THIS COULD BE AGAINST THE STREET THEN THIS, THE METAL, I'M SORRY, I'M, I GUESS I'M NOT CLEAR WHAT PICTURE YOU WERE TALKING ABOUT. UH, I'M LOOKING HERE, I GUESS. AND THEN, UM, I LOOKED ONLINE, SO I DROVE, I GOOGLE DRIVE IT AND IT LOOKED LIKE THERE WAS EXISTING FENCE THAT WAS ALREADY THERE THAT WAS CLOSER TO THE BUILDINGS. MAYBE I MISSED, MISUNDERSTOOD. WELL THAT, YOU KNOW, THAT MIGHT'VE BEEN THE CONSTRUCTION FENCE. 'CAUSE THESE WERE JUST, THE OWNERS JUST TOOK OCCUPANCY IN JUNE. OKAY. SO THAT PROBABLY WAS, IF IT WAS GOOGLE EARTH, BUT I THINK THEY PUT, TOOK SOME, THE STAFF TOOK SOME PRETTY GOOD PICTURES OF WHERE IT IS NOW. THAT'S FROM WOODCLIFF, BUT THAT'S NOT THE OH, SO THAT'S THE PANEL STEEL. THE STEEL PANELS. OKAY. SO IT'S STILL GONNA BE PREDOMINANTLY OPEN. IT'S OPEN ALL ALONG. MO MOSS ROCK AND ALL ALONG WOODCLIFFE. PERFECT. OKAY. THANK YOU VERY MUCH. PERFECT. THANK YOU. DO, DO WE HAVE ANY OTHER QUESTIONS FOR THE CRUZ, CHICAGO MS. CRUZ, UH, I'M JUST CURIOUS, WAS THE, DID THE CITY DO A, UH, CLEAR VISION, UH, INFORMATION ON THIS? I'M JUST TRYING TO MAKE SURE, 'CAUSE I KNOW THAT STREET IS KIND OF CURVES ALL OVER THE PLACE AS FAR AS THE TRAFFIC ANALYSIS. RIGHT. UH, OUR TRAFFIC SECTION DID NOT DO A, UH, A REVIEW ON THIS. UM, CLEAR VISION. NO. I'M JUST DOUBLE CHECKING. OKAY. THANK YOU. THANK YOU. UH, MR. MAGO, UH, YOU BROUGHT UP THE QUESTION OF SECURITY. WHAT KIND OF SECURITY ARE YOU HAVING? LIKE POLICE PROBLEMS, POLICE REPORTS THERE OR SOMETHING LIKE THAT? WELL, THEY'VE HAD SEVERAL BREAK-INS, UM, INTO THE BUILDING ALSO VAGRANT. 'CAUSE THERE'S A, A, UH, THERE IS A VACANT BUILDING THAT'S BEEN BUILDING VACANT FOR VERY TIME. MA'AM, YOU NEED TO TALK INTO THE MIC. SORRY. THERE'S BEEN A VACANT BUILDING ACROSS THE STREET FOR QUITE A BIT. AND SO WE'VE, THEY GET VAGRANTS. THEY'VE HAD THEIR VAN JUST EVEN SINCE JUNE ATTEMPT TO BREAK IN SEVERAL TIMES THEIR BUILDING HAS BEEN BROKEN INTO. AND SO, AND ALSO JUST FOR THE, MAINTAIN THE SAFETY OF, OF ALL THE TYPES OF PEOPLE THAT USE THIS BUILDING AND THIS FACILITY. 'CAUSE IT'S PART OF THE COMMUNITY THERE AROUND. THANK YOU. MANNA. QUESTIONS? OH, MANNA. YEAH. SO, SO ONE MORE, SO FOLLOW UP QUESTION FOR MS. CRUZ. UM, SO, SO ONE OF THE THINGS THAT WE TALK ABOUT IS HOW WE EXIT BEING SAFE AS, AS PEOPLE COME AND GO. AND SO IT LOOKS LIKE THIS IS THE, THIS ONE ENTRANCE THAT WE TALKED ABOUT WITH THIS GATE IS REALLY THE ONLY ENTRANCE INTO AND OUT OF THAT FACILITY THAT I COULD SEE FROM THE MAP. IS THAT CORRECT? THERE'S TWO ACTUALLY. OH, THERE'S TWO. THERE'S ONE ON MOSS ROCK AND ONE ON WOODCLIFF. OH, PERFECT. OKAY. SO THERE'S ONE ON WOODLAWN, UM, OR WOODCLIFFE. UM, ONE QUESTION, YOU KNOW, SO [03:10:01] WE'RE TALKING ABOUT, UH, CLEAR VISION THERE. SO, SO WOULD IT BE POSSIBLE TO PUT THE SAME SINCE, UH, SINCE PART OF IT'S, SINCE YOU'RE STILL BUILDING PART OF THE METAL FENCE, RIGHT? WOULD IT BE POSSIBLE TO PUT THE METAL FENCE FOR THE FIRST 15 FEET THERE? SO IT ACTUALLY OPENED UP THAT CLEAR VISION ON THAT CORNER. OH, ALONG THAT BACK AREA IS WHAT YOU'RE TALKING ABOUT? YES, YES. PLAN NORTH. YES. I'M SURE WE COULD DO SOMETHING LIKE THAT. SO YEAH. 'CAUSE THAT WAY THE SAFETY FOR THE NEIGHBORS THERE AS YOU'RE COMING IN AND OUT WOULD PROVIDE AND CLEAR WOULD REMOVE THAT CLEAR VISION CHALLENGE. AND SO, UM, YEAH. THAT MIGHT BE BENEFICIAL. OKAY. OKAY. SO THAT NOR PLAN NORTHERN EAST CORNER THERE. CORRECT. PERFECT. SO ALONG THAT, ALONG, ALONG, ALONG THAT DITCH. RIGHT. PERFECT. YEAH. SO, SO DO YOU, DO YOU WANT TO, UM, SO WE'RE GONNA AMEND THE MOTION TO, WELL THAT WOULD BE, I GUESS A SUGGESTION IS TO ALLOW FOR THAT OR TO ACTUALLY, I GUESS IT WOULD BE JUST REMOVE THE CLEAR VISION REQUIREMENT. 'CAUSE IS THAT THE ONLY PLACE WITH THE CLEAR VISION? I THINK THAT'S THE ONLY PLACE WITH THE CLEAR VISION. IS THAT CORRECT? THERE'S TWO DRIVEWAYS, UM, THAT NEEDED A CLEAR VISION. BUT IS THE FRONT ONE ALSO HAS THE, SO EVEN IF IT'S A PREDOMINANTLY OPEN, STILL REQUIRES CLEAR VISION? CORRECT. OKAY. ANYTHING OVER, UH, THREE FEET REQUIRES A CLEAR VISION. OKAY. SO, SO I GUESS IT COULD BE MODIFIED TO SAY PREDOMINANTLY OPEN FENCING IN THE FIRST 15 FEET, UH, OF BOTH DRIVEWAYS. RIGHT. AND THEN THAT WOULD COVER THE CLEAR VISION DIALOGUE AND STILL ALLOW FOR THE PREDOMINANTLY OPEN TALLER FENCE. CORRECT. AS FOR THE CITY. SO YEAH, I MEAN THIS IS PART OF THE, UM, THE VARIANCE THAT'S BEING SOUGHT. UM, ARE YOU ASKING IF THEY CAN ONLY HAVE A THREE FOOT FENCE? NO, I'M, UM, STATING TO, UM, RIGHT NOW THEY'RE, THEY HAVE A SOLID FENCE IN THE FIRST 15 FOOT ON THE NORTHEAST CORNER AND, UH, ALONG THE, THE DITCH. AND I'M LOOKING TO SEE HOW WE MODIFY THIS SO THAT WE COULD RECOMMEND A 15 FOOT PREDOMINANTLY OPEN FOR THE FIRST FEW FEET THERE ON THAT CORNER SO AS TO MINIMIZE THE CLEAR VISION IMPACT. THAT MAKE SENSE? THAT TIME. OKAY. YES SIR. ALRIGHT, SO ANY OTHER QUESTIONS FOR THE APPLICANT? HEARING NONE, UH, THAT CLOSES A PUBLIC PORTION AND DOES, UH, MR. MAD, DO YOU WANNA MAKE A MOTION OR I CAN DO IT. SORRY, I'M TRYING TO FIGURE OUT WHERE I WOULD INSERT THE ONE THING, BUT WE'LL FIGURE IT OUT. OKAY. SO REGARDING CASE NUMBER BOA 2 2 1 0 3 0 2 6 1, I MOVED AT THE BOARD OF ADJUSTMENT. GRANTED REQUEST FOR A SEVEN FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT, UM, AS DESCRIBED IN SECTION 35 5 14 A TWO, UH, UTILIZING PREDOMINANTLY OPEN FENCING. UM, SO, UH, FOR WITHIN THAT 15 FOOT TO ALLOW A FENCE TO BE EIGHT FOOT FROM THE FRONT AND SIDE DRIVEWAY, SITUATED AT 2 8 0 3 MOS ROCK, APPLICANT BEING ELIZABETH HAYNES ARCHITECT BECAUSE THE, THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN NECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WEALTH FOR THE PUBLIC. THE APPLICANT HAS REQUESTED A CLEAR VISION VARIANCE TO ALLOW A FENCE TO BE EIGHT FOOT FROM THE FRONT INSIDE DRIVEWAYS, UH, STAFF FINDS THAT THIS REQUEST WILL NOT BE CONTRARY TO THE PUBLIC INTEREST AS THIS IS ACCEPTABLE. DISTANCE TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT RECONSTRUCTING THE FENCE TO MEET THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT FOR THE FRONT AND SIDE DRIVEWAYS. THIS WOULD RESULT IN UNNECESSARY HARDSHIP AS THERE EXISTS EIGHT FOOT CLEAR VISION ON A DRIVEWAY THAT WOULD NOT HAVE ANY VEHICLES BACK OUT. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED. THE SUBSTANTIAL JUSTICE WILL BE DONE. THE CLEAR VISION REQUESTS TO ALLOW A FENCE TO BE EIGHT FOOT FROM THE FRONT AND SIDE. DRIVEWAYS WILL OBSERVE THE SPIRIT OF THE ORDINANCE BY PROVIDING A SAFE DISTANCE BETWEEN THE TWO POINTS, ALLOWING VEHICULAR TRAFFIC TO NOT BE OBSTRUCTED. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED. IF GRANTED, THE CLEAR VISION DISTANCE WILL BE MAINTAINING EIGHT FOOT FROM THE SIDE AND FRONT END SIDE DRIVEWAYS, WHICH IS NOT LIKELY TO ALTER ESSENTIAL CHARACTER OF THE DISTRICT. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL AND A MOTION. SECOND, SECOND, SECOND FROM MS. KAPLAN. I. SO I'LL BE, UH, VOTING, UH, IN SUPPORT OF THIS. AND I THINK THANK YOU FOR, FOR, YOU KNOW, I'LL, UH, THINKING ABOUT THAT CHANGE, UH, 'CAUSE I THINK THAT ADDRESSES ONE OF THE QUESTIONS THAT, UH, MS. CRUZ HAD. [03:15:01] SO, UH, SO FOR THAT I'LL BE VOTING FOR IT AND, UH, I AGREE ALSO THAT I'LL BE IN SUPPORT OF IT BECAUSE IT SOUNDS LIKE IT'S A NECESSARY, UH, FENCE FOR YOUR, YOUR USE, THE PROPERTY USE. AND ALSO I LIKE THE IDEA THAT YOU'VE ALTERED, UM, AND THAT CORNER IN THE NORTHWEST CORNER, SO, PERFECT. ALRIGHT, THANK YOU. SO WE'LL TAKE THE, UH, ROLL CALL, VOTE ON THE CLEAR VISION, AND THEN COME BACK AND, AND DO THE MOTION ON THE SPECIAL EXCEPTION FOR THE FENCE HEIGHT. SO, UH, STAFF, COULD YOU PLEASE TAKE A ROLL CALL VOTE MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. 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. BRAGMAN THE FINDINGS OF FACT. MR. OZUNA? YES. I CONCUR WITH, UH, NINE IN, IN FAVOR ZERO AGAINST THE, UH, MOTION PASSES AND NOW WE'LL LOOK AT THE SPECIAL EXCEPTION. UM, COULD WE USE THE SAME, UM, FINDINGS OF FACT FOR THE MOTION OR DO WE HAVE TO READ IT SEPARATELY? THEY ARE DIFFERENT, SO IT HAS TO BE READ SEPARATELY. OKAY. SO I CAN, SO I DON'T KNOW THAT THERE'S ANY CHANGES I NEED TO READ TO THIS, YOU KNOW, BASED UPON WHAT WE PREVIOUSLY READ. SO I THINK I CAN READ IT STRAIGHT OUT. DOES ANYBODY SEE ANYTHING FOR THE, FOR THE RECORD? YEAH, I CAN. YEAH. SO, OKAY, SO I'LL GO AHEAD AND TAKE THIS. UH, REGARDING CASE NUMBER BOA 2 2 1 0 3 0 0 2 6 1, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A TWO FOOT SPECIAL EXCEPTION FOR THE MAXIMUM SIX FOOT FENCE HEIGHT REQUIREMENT AS DESCRIBED IN SECTION 35 5 14 TO ALLOW A PREDOMINANTLY OPEN FENCE TO BE EIGHT FOOT TALL ALONG THE REAR AND SIDE YARD. AND TWO, A THREE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT FRONT HEIGHT REQUIREMENT TO AS DESCRIBED IN SECTION 35 5 13 TO ALLOW A PREDOMINANTLY OPEN FENCE TO BE EIGHT FOOT TALL ALONG THE FRONT YARD, SITUATED AT 2 8 0 3 MOSS ROCK. APPLICANT BEING ELIZABETH HAYNES ARCHITECT BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS EMITTED WILL RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT A THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE U D C STATES THAT THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR FENCE HEIGHT MODIFICATION. THE FENCE HEIGHT BEING REQUESTED IS PRIMARILY OPEN, LOCATED ALONG THE FRONT SIDE AND REAR PROPERTIES AND DOES NOT EXCEED EIGHT FOOT IN HEIGHT. IT GRANTED STAFF FINDS REQUESTS WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSES OF THE ORDINANCE. B, THE SPECIAL, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED. UH, IN THIS CASE. THE THESE CRITERIA ARE REPRESENTED BY FENCE HEIGHTS TO PROTECT PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY. THE PROPOSED FENCE, UH, BEING REQUESTED WILL BE LOCATED ALONG THE FRONT SIDE AND REAR PROPERTY LINES AND IS EXCEEDING THE MAXIMUM HEIGHT REQUIREMENT BY TWO FOOT AND THREE FOOT. THE FENCE IS PRIMARILY OPEN AND STILL SERVES A PUBLIC WELFARE AND CONVENIENCE. C THE NEIGHBORING PROPERTY WILL NOT SUBSTANTIALLY INJURE, IT WILL NOT BE SUBSTANTIALLY INJURED BY SUCH APPROPRIATE USE DEFENSE WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT AND ADJACENT PROPERTIES. ADDITIONALLY, THERE IS A 30 FOOT PUBLIC EARTHEN CHANNEL WHICH SEPARATES THE RESIDENTIALLY ZONED DISTRICTS FROM THE SUBJECT PROPERTY. D THE SPECIAL EXCEPTION WILL NOT ALTER THE CENTRAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THIS SPECIAL EXCEPTION IS SOUGHT. THE ADDITIONAL FENCE SIDE IS THE FRONT SIDE AND REAR YARDS OF THE SUBJECT. PROPERTY DOES NOT APPEAR TO ALTER THE LOCATION FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT AS THE BUDDING BASED ZONING DISTRICTS ARE COMMERCIALLY ZONED. ADDITIONALLY, THE PROPERTY IS ZONED FOR MORE INTENSE COMMERCIAL USES THAT WOULD BE BENEFICIAL TO ADD AN EIGHT FOOT FENCE. THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THIS SPECIFIC, THIS, THIS SPECIFIC DISTRICT, THE REQUESTED SPECIAL EXCEPTION, WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT END OF MOTION. SECOND, SECOND IS CRUZ. SO I'LL BE APPROVING THIS. UM, IT'S BEING THAT, UH, WE COVERED THE, UH, OPEN FENCE, UM, YOU KNOW, FOR THE, UM, CLEAR VISION. SO OUTSIDE OF THAT, I SEE NO PROBLEM WITH THIS ALSO BEING NEXT TO THE EARTH IN AREA. SO I DON'T SEE A PROBLEM WITH THAT EITHER. THANK YOU MS. CRUZ? YES, I CONCUR WITH MR. MANNA. I DON'T SEE ANY PROBLEMS WITH, UH, THE, THE FENCING. THANK YOU. THANK YOU. ALRIGHT STAFF, LET'S TAKE A ROLL CALL. VOTE ON THIS 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. I CONCUR. MS. KAPLAN I CONCUR. MS. BRAGMAN I CONCUR WITH THE FINDINGS OF FACT. MR. ZUNA? YES. I CONCUR AGAIN WITH NINE IN FAVOR, ZERO IN OPPOSITION. THE, UH, SPECIAL EXCEPTION PASSES. UH, GOOD LUCK WITH THE PROJECT. THANK YOU. THANK YOU VERY MUCH. I CAN DO [03:20:03] BO A 2 2 1 0 3 0 0 2 6 2. ADDRESS IS 7 5 2 3 CASINO RUN COUNCIL DISTRICT EIGHT. THE APPLICANT IS DAVID ROGERS. THE REQUEST IS FOR A VARIANCE FROM THE MAXIMUM 50% AND PREVIOUS COVER REQUIREMENT TO ALLOW THE FRONT YARD TO EXCEED THE 50% IMPERVIOUS COVER AND THE LOT IS ZONED MF 18 LIMITED DENSITY MULTIFAMILY. THE SUBJECT PROPERTY IS LOCATED ALONG CASINO RUN NEAR THE UNIVERSITY OF TEXAS AT SAN ANTONIO. THE LOT IS VACANT AND THE APPLICANT WOULD LIKE TO BUILD A DUPLEX. THE IMPERVIOUS COVER WOULD EXCEED THE MAXIMUM 50% IN IMPERVIOUS COVER REQUIREMENT IN THE FRONT YARD. THE LOT HAS A 50 FEET STREET FRONTAGE AND THE MINIMUM WIDTH OF THE DRIVEWAY IS 10 FEET. A DUPLEX REQUIRES A MINIMUM OF TWO TWO PARKING SPACES AND THE SITE PLAN INDICATES FOUR TOTAL PARKING SPACES. HERE'S THE SITE PLAN, THIS IS THE SUBJECT PROPERTY AND THE SURROUNDING AREAS. STAFF RECOMMENDS DENIAL IN BO A 2 2 1 0 3 0 0 2 6 2 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THERE IS ENOUGH ROOM FOR THE MINIMUM REQUIRED PARKING SPACES AND BE ABLE TO MEET THE FIF REQUIRED 50% AND PREVIOUS COVER REQUIREMENT AND THE VARIOUS, THE VARIANCE WOULD RESULT IN EXCESS WATER RUN OFF TO ADJACENT LOTS. WE MAILED OUT 17 NOTICES, WE RECEIVED NO RESPONSE FROM NEIGHBORS OR THE NEIGHBORHOOD ASSOCIATION. AND THIS THIS CONCLUDES STAFF PRESENTATION. THANK YOU VERY MUCH. IS THERE ANYONE CENTERED TO SPEAK ANY PUBLIC COMMENTARY? WE HAVE ONE SPEAKER AND ONE VOICEMAIL. OKAY, WE'LL HEAR FROM THE APPLICANT AND THEN WE WILL HEAR THE PUBLIC COMMENT. COMMENTARY. HELLO, MY NAME IS ROB SLU AND UH, I REPRESENT, UH, DAVID ROGERS WHO'S ON THIS PROJECT. UH, SO JUST TO GIVE YOU A LITTLE HISTORY ABOUT THIS PROJECT. THIS, UH, THESE LOTS WERE DEVELOPED, UH, WHEN C O V I D HIT AND THE ORIGINAL PERSON DIDN'T WANNA MOVE FORWARD WITH THE PROJECT AT THAT TIME. SO NOW WE'RE TRYING TO, UH, BUILD THE COMMUNITY. THIS COMMUNITY IS ZONE AS M F 18, WHICH NORMALLY WHEN YOU WOULD DO AN M F 18, IF YOU LOOK AT, UH, I DON'T KNOW IF YOU'VE SEEN THE A V H COMMUNITIES CALLED FARMHOUSE OUT THERE, THAT'S BUILDING DUPLEXES AS WELL. BUT WHAT THEY'LL DO IS THEY'LL DO A, INSTEAD OF PLOTTING INDIVIDUAL LOTS, THEY'LL DO ONE LOT, WHICH ALLOWS 'EM TO GET THE DENSITY THEY WERE REQUIRED. BUT, UH, WHEN THEY DEVELOP THESE LOTS, UH, THEY DID IT, UH, WITH INDIVIDUAL LOT PLANS ON EVERY SINGLE LOT AS OPPOSED TO ONE LOT. SO THAT'S REQUIRING, UH, SOME OF THESE, UH, VARIANCES. SO PRETTY WELL. THESE ARE 50 FOOT WIDE LOTS. UH, THEY'VE BEEN BUILT FOR DUPLEXES, WHICH WITH THAT YOU HAVE 10 FOOT SIDE SETBACKS. SO IT'S A 40 FOOT WIDE BUILDING PLAN THAT YOU PUT ON THERE. SO IT'S TWO 20 FOOT WIDE BUILDINGS PUT TOGETHER. WE'RE TRYING TO, UH, DO TWO CAR GARAGES ON THERE. UH, SOME OF THEM ARE ONE CAR GARAGES, UH, A MINIMAL AMOUNT OF THEM. UH, WE'RE DOING THAT TO PROTECT THE TREES IN THE BACK AND, UH, THAT ARE EXISTING ALREADY THERE. SO OVERALL WHAT WE'RE TRYING TO DO HERE IS, UM, BUILD DUPLEXES, UH, TWO CAR GARAGE DUPLEXES AND THE MAJORITY OF IT, 90% OF IT. UH, WITH THAT, UH, ON THE FRONT, UH, YOU HAVE, YOU KNOW, PARKING SPOTS FOR TWO CARS BECAUSE IT'S A TWO CAR GARAGE. UH, THERE'S REALLY NO WAY TO MEET THIS REQUIREMENT. YOU CAN MEET, YOU MOVE THE HOUSE BACK FURTHER AND TRY TO GET THERE, BUT YOU CAN'T, THE ONLY THING YOU CAN DO IS MAKE IT FROM A A TWO CAR PARKING SPACE TO ONE CAR, UH, PARKING SPACE TO MAKE THIS HAPPEN. UH, WHICH YOU COULDN'T DO A TWO CAR GARAGE THEN. SO I THINK THAT'S THE, THE SITUATION WE'RE IN RIGHT NOW, UH, TRYING TO GET THESE BUILT. UH, THE OTHER THING IS THESE ARE SIDE DOOR ENTRIES, UH, AS WELL, WHICH WE'RE EVENTUALLY GONNA BE BACK HERE FOR THAT VARIANCE AS WELL BECAUSE THEY'RE NOT FRONT FACING. BUT WE'RE PRETTY WELL BUILDING, UM, A LESS DENSER PRODUCT THAN OUR NEIGHBORING COMPETITOR. AND, UH, UH, TRYING TO GET THIS OFF THE GROUND AND YOU KNOW, IT'S BEEN SITTING THERE AS A VACANT UH, SUBDIVISION, WHICH HAS FINISHED THE LAST FIRST THREE PLUS YEARS. OKAY. UH, QUICK QUESTION FOR STAFF. THE 50% REQUIREMENT, DOES THAT APPLY TOWARDS IF THIS WAS A MULTI-FAMILY OR, BUT BUT BECAUSE IT'S A DUPLEX OR A SINGLE, THAT'S WHEN THE 50% APPLIES? I'M SORRY, CAN YOU ASK THE QUESTION ONE MORE TIME? UH, THE 50% IMPERVIOUS COVER, UH, LIMIT, DOES THAT ONLY APPLY FOR DUPLEXES IN SINGLE FAMILY? BUT IF, BUT IF IT WAS [03:25:01] A MULTIFAMILY ON ONE BIG LOT INSTEAD IN, IN, IN A SERIES OF DUPLEXES, WOULD THE, WOULD THE 50% STILL APPLY? SO IN THIS SCENARIO IT WOULD APPLY, BUT, UH, FOR MULTIFAMILY LIKE APARTMENTS, THAT WOULD NOT APPLY. SO THAT, SO THAT'S WHAT YOU'RE, YOU'RE GETTING AT IS THAT IF HE HAD DONE ONE LOT, IF HE HAD DONE IT AS ONE LOT, WE WOULDN'T BE HERE TODAY AND YOU WOULDN'T HAVE THESE, UH, REQUIREMENTS. 'CAUSE IF YOU LOOK AT FARMHOUSE, WHICH IS DOING DUPLEXES EXACTLY LIKE WHAT WE WOULD, THEY DON'T EVEN HAVE A SETBACK. THEY DON'T EVEN HAVE A DRIVEWAY. I UNDERSTAND. AND ALL THAT STUFF. UM, SO WHAT WE'RE GONNA DO IS WE'RE GONNA LISTEN TO SOME, UH, VOICEMAILS AND WE HAVE SOMEONE SIGN UP TO SPEAK. SO VANA UH, COMMISSIONER MANNA. SO, SO IF THE APPLICANT WAS TO APPLY FOR A REPL AND REMOVE IT AND MOVE TO A SINGLE ONE, WOULD THAT REMOVE THE ISSUE IF HE'S DOING FOR TOWNHOUSE DEVELOPMENT? IS THAT WHAT YOU'RE TALKING ABOUT? NO, NO. HE, IF HE WERE TO DO ONE LOT AND BUILD THE EXACT SAME THING, BUT JUST HAVE IT BE ONE BIG LOT WITH A, WITH LIKE SEVEN OR EIGHT DUPLEXES THAT WOULD BE CONSIDERED MULTI-FAMILY, THEN THE 50% WOULDN'T APPLY. SO HE'S PUTTING FIVE UNITS OR MORE ON THE LOT? IS THAT WHAT YOU'RE SAYING? YES, FOR THE ENTIRE COMMUNITY. TAKE ALL 32 LOTS AND YOU MAKE IT ONE LOT. YEAH. SO FOR THE ENTIRE STRIP, UH, BECAUSE HOW MANY, HOW MANY LOTS ARE YOU ASKING FOR? JUST THIS ONE? WELL, IT'S ORIGINALLY WE SUBMITTED, UH, JUST TO SEE IF WE CAN GET 'EM APPROVED. THREE, UH, PERMITS REQUESTS. BUT THERE'S 32 LOTS HERE, SO WE'RE GONNA BE BACK 30 MORE TIMES. YEAH, WE GOTTA ADDRESS ALL 32 LOTS. SO WE ADDRESS IT AT ONE OR WE ADDRESS IT AS WE ISSUE THE PERMITS AND, AND REQUEST THE CALL. YOU CAN ASK ALL AT ONE. YOU CAN ASK ALL AT ONE TIME IF YOU WANT, BUT I'M JUST I'M JUST SAYING THAT YOU'RE RIGHT NOW BEFORE US, WE'RE ONLY LOOKING AT ONE LOT. CORRECT. AND, AND I THINK THAT'S WHAT WE'RE GONNA DO AFTER THIS. IF, IF WE'LL WE'LL REQUEST ALL LOTS AT ONE TIME TO, SO WE'RE NOT UP HERE MULTIPLE TIMES IN FRONT OF YOU GUYS. KAPLAN, THESE ARE LOTS, HOLD ON A SECOND. THESE ARE FOR SALE, AREN'T THEY? THESE ARE FOR SALE OR RENT. THESE LOTS WE'RE GONNA BUILD ON AND THEN OF COURSE SELL THE DUPLEXES. THAT'S WHY THEY'RE, THEY'RE DOING IT THIS WAY SO THEY CAN SELL ADU ONE DUPLEX TO ONE. THAT'S WHY 'CAUSE IF YOU PUT IT ALL INTO ONE LOT, THEN YOU WOULDN'T BE ABLE TO SELL ALL THOSE INDIVIDUAL UNITS UNLESS THEY DID AS A CONDO REGIME. YEAH, IF IT'S A CONDO REGIME, YOU CAN AND THAT'S WHAT MOST PEOPLE DO. THAT'S WHAT I, WE USED TO WORK FOR KB HOME AND THAT'S WHAT WE DID ON SOME STUFF TOO. SO STAFF, WHAT, WHAT, WHAT'S THE, UH, WHAT'D YOU FIND? YEAH, SO IF HE REPLIED TO IT AS ONE LOT IT'D BE MULTI-FAMILY. HE WOULDN'T HAVE TO DO THE 50%. OKAY. OKAY. AND THEN, AND THEN THERE'S OTHER OPPORTUNITIES THAT EXIST YOU AS A SINGLE LOT WITH REGARDS TO THE, ALL THE BOUNDARIES AND EVERYTHING. 'CAUSE YOU'RE MANAGING THE WHOLE THING AT THAT POINT, RIGHT? SO YEAH, THE SAME THING, LIKE IF YOU LOOK AT FARMHOUSE, WHICH DID IT AS A CONDO REGIME, THEY HAVE SIDE DOOR ENTRIES RIGHT NOW IT'S COMING UP AS THAT I NEED A VARIANCE FOR THE SIDE DOOR ENTRY BECAUSE OF HOW THEY PLOTTED THE LOT WHEN THEY ORIGINALLY DEVELOPED IT. WELL WE DON'T HAVE THAT BEFORE US. NOT YET. YEAH. THAT WAS PULLED AT ONE POINT AND THEN IT'S GONNA BE BACK. ALRIGHT. UH, SO LET'S, LET'S START WITH SOME VOICEMAIL. I THINK WE HAVE TWO VOICEMAILS. UH, ONE VOICEMAIL, ONE SPEAKER. ALRIGHT, LET'S, LET'S HEAR 'EM. MY NAME IS NICHOLAS MOHAT. THE ADDRESS IS SEVEN FOUR ONE EIGHT TALL CEDAR. THE PHONE NUMBER IS FIVE OH ONE TWO FIVE EIGHT ONE FOUR FIVE OH. CASE NUMBER IS B O A DASH TWO TWO DASH 1 0 3 0 0 2 6 2. AND MY CONCERN IS I'VE LOOKED AT THE SITE PLAN AND I JUST WANT TO ENSURE THAT THE BACK OF THE HOUSE, MY HOUSE IS DIRECTLY ADJACENT TO THE FENCE THAT THE PROPERTY ON CASINO RUN WILL ABUT AND IT LOOKS LIKE M F DASH A R Z D. AND I WANT TO ENSURE THAT THE 22 FOOT DISTANCE FROM THE BACK OF THE BUILT PROPERTY WILL MAINTAIN THAT 22 FOOT DISTANCE TO THE FENCE. THIS WAS AGREED ON BY, UH, CAVEATS WITH THE ORIGINAL CONTRACTORS. AND, UM, I'D LIKE TO MAKE SURE THAT THAT REMAINS IN PLACE. I MAY NOT BE ABLE TO GO TO THE MEETING FOR ONE REASON OR ANOTHER, BUT I'M LEAVING THIS MESSAGE TO, UH, UH, ALERT YOU OF MY CONCERN. THANK YOU VERY MUCH. BYE-BYE. ALL RIGHT. AND WE HAVE ONE PUBLIC SPEAKER WOULD BE MS. MR. ROB WATSON. WELL, THAT'S ME. OH, ALRIGHT. DISREGARD NO PUBLIC SPEAKER. UH, JUST TO CLARIFY, THE IMPERVIOUS COVER, IT WOULD NOT BE IN THE FRONT INDIVIDUAL LOSS. [03:30:01] IT WOULD BE IN THE FRONT YARD OF THE, IT WOULD STILL APPLY, BUT IT WOULD BE JUST ON THE FRONT YARD OF THE MULTI-FAMILY, NOT LIKE INDIVIDUAL BUILDINGS. OKAY. ALRIGHT. SO, SO JUST TO CLARIFY, THAT WOULD BE ON THE PROPERTY FRONTING, UM, BABCOCK OR WHATEVER IT'S RIGHT. COR CORRECT. AND THERE'S A, A DRAINAGE EASEMENT THERE, SO THAT'S NOT AN ISSUE AT ALL. THERE'S PLENTY OF IMPERVIOUS COVER THERE. OKAY, THANK YOU. AND JUST WITH THE ONE VOICEMAIL, IF I CAN, AM I ALLOWED TO SPEAK? I DON'T WANT IT. UH, WHAT WE AGREED TO PUT AN EIGHT FOOT FENCE ALONG THAT, UH, NORTHERN PROPERTY. UH, WELL NOT US. THE ORIGINAL INDIVIDUAL DID. SO WE HAVE THAT IN THE PLANS AS WELL TO DO THAT FOR THEM FOR ANOTHER THAT'S, THAT, THAT WOULD ALSO BE A VARIANCE, CORRECT? OR NOT. UH, STAFF, UH, A QUESTION FOR STAFF, UH, CAN THEY, IS AN EIGHT FOOT FENCE ALLOWED BY RIGHT BETWEEN A MF AND A SINGLE AND A UM, R R SIX? NOT IF THIS WAS IN ONE LOT THEN AS DESCRIBED EARLIER, YES. BUT THE WAY IT'S CONFIGURED RIGHT NOW, NO, BECAUSE THIS IS NOT BEING USED AS A MULTI-FAMILY. SO MAKE SURE YOU ASK FOR THAT WHEN YOU COME BACK BECAUSE I MEAN, THE EIGHT FOOT TWO. YEAH, BECAUSE IF THAT DOESN'T GET APPROVED, THEN THE RESIDENTS WILL NOT BE HAPPY WITH IT. YEAH, IF, IF WE KNEW THAT, UH, WE WEREN'T UNDERSTANDING THAT WE JUST, YOU JUST WANTED TO DO THIS FOR THIS ONE LOT. IF WE UNDERSTOOD THAT YOU WERE GONNA DO THIS FOR ALL OF 'EM, WE WOULD'VE PUT ALL OF THE LOTS IN HERE. SO WHEN YOU COME BACK, IT'LL HAVE ALL THE LOTS. OKAY. AND THAT'S, THAT'S FINE. WE CAN COME BACK AND DO THE LOTS WITH ALL THE OTHER STUFF AS WELL IF YOU WANT, THEN DO IT ALL IN ONE SWALE SWOOP TO NOT MAKE IT MONOTONOUS ON EVERYBODY. . RIGHT. SO MANNA COMMISSIONER MANNA. SO, SO THE PERSON THAT CALLED IN TALKED ABOUT ALSO THE HAVING 22 FOOT BUFFER ARE, ARE BY YOUR DESIGN OR ARE YOU MAN MANAGING THAT? OR ARE YOU GONNA BE CLOSER THAN THAT? THERE'S NOTHING IN, IN, IN THAT THAT INDICATES THAT, BUT THERE IS A 10 FOOT EASEMENT ON THE BACK, A UTILITY EASEMENT, SO YOU CAN'T IMPEDE INTO THAT. AND THEN, UH, YEAH, THERE'S, THERE'S SOME PLANS. THERE'S A DECKER PLAN THAT'S A LITTLE DEEPER, BUT IT WON'T BE ON, ON THIS PROPERTY. SO THIS IS WHAT WE'RE PLANNING ON DOING ON THIS INDIVIDUAL PROPERTY, BUT IT, IT BECOMES ALL A LOT SPECIFIC BECAUSE THERE'S UH, SOME LOTS THAT HAVE TOP TOPOGRAPHY, SOME LOTS THAT HAVE, UH, A TREES ISSUE. SO WE'RE TRYING TO FIT IN THE LOT AS MUCH AS POSSIBLE. AND THEN YOU'RE TRYING AT THIS POINT TO MEET THE IMPERVIOUS COVER REQUIREMENT AND THEN THERE'S A SETBACK REQUIREMENT TO ON THE FRONT AS WELL BASED ON HOW THEY PLOTTED THESE LOTS. SO WE'RE TRYING TO KIND OF, YOU KNOW, GET IT RIGHT IN THAT A PERFECT SPOT BASED ON HOW THIS WAS DONE. WELL, I GUESS SO THE, THE, THE PERSON ON THE PHONE MENTIONED 22 FOOT AND THIS PICTURE HAPPENS TO BE 22 FOOT, SO I DON'T KNOW IF YEAH, I JUST READ THAT AND, AND SAID THAT, OR I HAVE NEVER HEARD ANYTHING ABOUT THAT. EVERYTHING HAS TO BE 22 FOOT SET BACK FROM THE REAR. SO, BUT IT SOUNDS LIKE YOU'RE GOING TO BE PROVIDING SOME DISTANCE BETWEEN THE, THE BACK OF THE PROPERTY AND YEAH, THERE'S A MINIMUM 10 FOOT AND THERE'S TWO TREES BACK THERE THAT WE WANT TO KEEP. SO, UH, THEY, THEY'LL HAVE SOME SEPARATION, UH, ALONG THE COMMUNITY. UH, WHAT'S REPRESENTED HERE IS FOR THIS INDIVIDUAL LOT. SO HE WILL HAVE THAT 22 FEET. YEAH. SO HE, THERE, THERE'S A 10 FOOT EASEMENT AND THEN THERE'S ALSO A 10 FOOT BUILDING SETBACK. YEP. BUT THERE'S NO OBLIGATION FOR YOU TO, TO DO 22 FEET. CORRECT. AND WE HAVEN'T MADE THAT COMMITMENT EITHER. AND, AND THE PRIOR DEVELOPER DIDN'T EITHER THAT WE'RE AWARE OF. OKAY. KAPLAN AND THE BACKYARD. IT'S GRASS AND TREES. YEAH, WE'RE LOOKING AT TO DOING ZEROSCAPE POTENTIALLY. UH, BUT YES. OKAY. ANY OTHER QUESTIONS MR. MANCHACA? UH, I HAVE A SMALL QUESTION. SINCE YOU'RE SO CLOSE TO, UH, U T S A AND YOU'RE THE FIRST ONE ON THE BLOCK SO TO SPEAK, IS THIS POTENTIAL RENTAL PROPERTY? YES, IT IS. POTENTIAL RENTAL PROPERTY? ALL OF IT? YEAH. IT'S A, IT'S A POTENTIAL BUILD FOR RENT, UH, WHICH IS WHAT A V H COMMUNITIES IS DOING AND, AND REALLY THE, THE REASON THEY'RE GOING IN THAT DIRECTION IS, UH, DUE TO AFFORDABILITY BECAUSE IT IS CHEAPER TO RENT THAN IT IS TO OWN. 'CAUSE PEOPLE AREN'T PAYING ON THE PRINCIPAL PAYMENT, ESPECIALLY WITH INTEREST RATES WHERE THEY ARE TODAY. OKAY. DID DID YOU GO THROUGH A ZONING CHANGE TO GET THIS M F 18? UH, NO, IT WAS ALREADY THERE. OKAY. AND SO IT ALSO SHOWS THAT YOU'RE OVER THE RECHARGE ZONE. WHERE, WHERE'S YOUR FILTRATION GOING? UH, THERE'S TWO OPEN SPACES, UH, THAT'S BEING KEPT. UH, FOR THE RECHARGE ZONE. THERE'S A TREE SAFE AREA ON THE PLOT, AND THEN IN THE FRONT THERE'S A HUGE, UH, DETENTION POND. AND SO THAT'S WHERE YOU, THAT'S ARE YOU, ARE YOU FULL-BLOWN AQUIFER? ARE YOU TRANSITIONED OR CONTRIBUTING? UH, I BELIEVE WE'RE FULL-BLOWN AQUIFER. OKAY. ALRIGHT. ANY OTHER QUESTIONS? JUST WHILE WE'RE POINTING OUT INFORMATION, I JUST WANNA BE SURE YOU KNOW ABOUT THE REGULATION BETWEEN MF AND R AND SINGLE FAMILY RESIDENTIAL YOUR HEIGHTS? UH, LIMITED TO TWO AND A HALF STORIES. 35 FEET. YEAH, THESE, THEY'RE ALL TWO STORY DUPLEXES. GREAT, THANK [03:35:01] YOU THOUGH. OKAY. UM, SO I ASSUME THAT YOU GOT A CA YOU CATEGORY ONE OR TWO, DO YOU KNOW? I DO NOT KNOW. OKAY. STAFF, DO YOU HAPPEN TO HAVE THAT AVAILABLE? IT'S NOT REALLY INFORMATION WE'D BE ABLE TO GRAB FROM THE ONE STOP, SO WE'LL HAVE TO, UH, IT'LL GET REVIEWED ONCE HE, HE GOES THROUGH THE BUILDING PERMIT PROCESS, IT'LL HAVE TO HAVE A SIZE REVIEW QUESTION. WELL, SO MY QUESTION WAS, IF YOU'RE FULL-BLOWN AQUIFER WHEN YOU MOVE FORWARD WITH APPLY, YOU HAVE TO OBTAIN A CATEGORY LETTER. IF HE'S CATEGORY ONE, HE CAN DO THIS, NO BIG DEAL. IF HE'S CATEGORY TWO, I THINK IT'S 55% IMPERVIOUS COVER LIMIT. AND THAT'S JUST SOMETHING I JUST WOULD REALLY LIKE TO KNOW. UM, I CAN PULL UP THE SAUL'S LETTER FROM THE REZO. IT WAS DONE IN 2018. UH, JUST GIMME ONE SEC. THANK YOU. BUT THAT WOULD APPLY TO SINGLE LOT OR THIS, THIS PARTICULAR DESIGN AS WELL? WELL, MULTI-FAMILY, YOU KNOW, CATEGORY TWO IS IF IT'S, IF IT'S SINGLE FAMILY, IT'S 30% IN PERVY COVER AND MULTI-FAMILY IS HIGHER. AND SO MY UNDERSTANDING IT'S 50% RIGHT NOW BECAUSE IT'S MF 18 AND THAT'S WHAT WE HAD. THEY HAVE A 50% REQUIREMENT. YEAH, THAT'S THE DOCUMENT I REVIEWED. HAVE THAT. AND WHERE ARE YOU AT NOW? OH, WHERE, WHERE MEETING THE REQUIREMENT YOU AT 50? YEAH. YEAH. SO THAT'S ALWAYS GETTING THE 22 FEET IN THE BACK. HE HAS TO, YEAH. SO WELL THE ONE STOP SHOWS A, A NICE LAYOUT AND SHOWS THE OPEN SPACE THAT'S ALREADY THERE OR DEFINED IF THAT'S, IF YOU'RE ABIDING BY THAT. SO THERE'S LOTS OF OPEN, IT LOOKS LIKE 50%. SO YEAH, THAT'S, I JUST, I JUST WANNA MAKE SURE WE KNOW ABOUT ALL THE LITTLE RULES THAT ARE FOLLOWING THIS PROPERTY. OKAY. I FURTHER AL'S REPORT FOR THE REZONING IN 2018. IT WAS A CATEGORY TWO, SO THERE, THAT'S, THAT'S WHERE THE LIMIT KICKED IN. OKAY, SOUNDS GREAT. UH, ANY OTHER QUESTIONS? AND THEY, AND THEY CATEGORIZE THIS AS MULTIFAMILY, CORRECT? IN THE LETTER? CORRECT. FOR M F A FOR THE M F 18 REZONING. SO IT'S LIKE 55% OR 65, I THINK IT'S 55. UM, PREVIOUS COVER HAS 50% ON SITE NOT TO EXCEED 50%. OH. SO YEAH, THEN THEY, UH, THEY NEGOTIATED IT DOWN DURING THE ZONING CASE THEN BECAUSE OH, I WASN'T PART OF THAT. SO YEAH, SEE WHEN YOUR CATEGORY TWO, IT'S EITHER COMMERCIAL, ONE OF THEM 65, 1 65, THE FACT THAT YOU'RE AT 50 IS BECAUSE THEY DID THAT AS A CONDITION OF THE ZONING CASE. OKAY. ALRIGHT. SO INTERESTING, UH, LITTLE TRIVIA THERE. SO IS THERE ANY OTHER QUESTIONS? UH, HEARING NONE, I LOOKING FOR A MOTION BRAGMAN COMMISSIONER BRAGMAN REGARDING CASE NUMBER B O A DASH 22 DASH 0 3 0 0 2 6 2. I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED REQUEST FOR A VARIANCE FROM THE MAXIMUM 50% IMPERVIOUS COVER REQUIREMENT TO ALLOW THE FRONT YARD TO EXCEED THE 50% IMPERVIOUS COVER SITUATED AT 7 5 2 3 CASINO RUN. APPLICANT BEING UMSO SINCE HOMES, BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH AND SAFETY AND WELFARE OF THE PUBLIC. THE APPLICANT IS REQUESTING A VARIANCE FOR IMPERVIOUS COVER TO EXCEED THE 50% MINIMUM. THE REGULATIONS ARE PROVIDED TO PREVENT FRONT YARDS FROM BEING COVERED BY IMPERVIOUS SERVICES, WHICH CAN DIMINISH THE CHARACTER OF THE COMMUNITY. THE DEVELOPMENT WILL BOTH BOLSTER THE HOUSING SUPPLY AND WILL PROVIDE VALUE TO THE COMMUNITY. THE REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT NEEDING TO EITHER RECONFIGURE THE FLOOR PLAN AND BUILD SMALLER UNITS OR ELIMINATE THE DRIVEWAYS. AS THE LOT SIZE IS RELATIVELY SMALL FOR A DUPLEX, THIS WOULD RESULT IN UNNECESSARY HARDSHIP. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LITTER OF THE LAW. IMPERVIOUS COVER COVERAGE REQUIREMENTS ARE INTENDED TO PROVIDE A SAFE ENVIRONMENT FOR THE MITIGATION OF FLOOD OF WATER FLOODING DURING HEAVY RAIN EVENTS EXCEEDING THE 50% IMPERVIOUS COVERAGE REQUIREMENT APPEARS TO OBSERVE THE SPIRIT OF THE ORDINANCE AS THERE'S NO OTHER WAY TO BUILD THE HOMES WITH PARKING ON THE SMALL LOT. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE IMPERVIOUS COVER ON COVERAGE ON THE SUBJECT PROPERTY DOES NOT POSE A THREAT TO ADJACENT PROPERTIES AS ALL THE [03:40:01] PROPERTIES ARE UNDEVELOPED AND WILL REQUIRE A SIMILAR VARIANCE. SINCE THEY HAVE SIMILAR SI LOT SIZES AND ZONING, IT WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE AREA. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY'S LOCATED. STAFF FOUND THAT THE LOT SIZE IS TOO SMALL TO REALISTICALLY CONFORM TO THE IMPERVIOUS COVERAGE REQUIREMENTS AND THE MOTION SECOND BY COMMISSIONER KAPLAN. COMMISSIONER BRAGMAN. UM, YEAH, I'LL BE IN SUPPORT OF THIS MOTION, UM, BECAUSE THE APPLICANT HAS SAID THAT THERE'S GONNA BE A RETENTION POND, UM, AND THAT HE IS MEETING THE REQUIREMENTS IN TERMS OF THE, UM, REAR SETBACKS, UM, WHICH I THINK WILL NECESSITATE, UH, THE FACT THAT THERE'LL BE IMPERVIOUS COVER THERE. SO, UM, I'LL BE IN SUPPORT OF THE MOTION COMMISSIONER KAPLAN, AND, AND I AGREE I WILL, I'LL BE IN SUPPORT OF THIS TOO FOR THE SAME REASONS. ALL RIGHT. ANYONE ELSE LIKE TO ADD? I JUST WANTED TO ADD THAT I'LL BE IN SUPPORT BECAUSE, UH, I DID LOOK IT UP. IT IS A 50% LIMIT ON CATEGORY TWO. AND SO KNOWING THAT HE HAS TO COMPLY WITH THAT AND IT'S GONNA BE OVER OVERSEEN BY THE STATE. THIS IS THIS, I HAVE NO ISSUE WITH WHAT'S BEFORE US, SO LET'S HAVE A ROLL CALL VOTE PLEASE. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. 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 WITH THE FINDINGS OF FACT. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. 10 TO ZERO. CONGRATULATIONS. YOU GOT IT. ALL RIGHT, WE NEED TO GO BACK TO ITEM SIX. ITEM SIX. AND, UH, COMMISSIONER KAPLAN IS LEAVING THE MEETING AT 4 56. WHICH, WHICH, UH, ITEM NUMBER SIX. SIX OH, ITEM NUMBER SIX IS, UH, UH, 2 3 5. THREE FIVE. ITEM NUMBER SIX IS B O A DASH 2 2 0 3 0 0 2 3 5. ADDRESS BEING 3 1 0 6 COMMERCIAL AVENUE. CITY COUNCIL DISTRICT NUMBER THREE, APPLICANT BEING RIO. SCENARIO A REQUEST FOR A 22 FOOT SIX INCH VARIANCE FROM THE REQUIRED 30 FOOT MINIMUM REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE SEVEN FOOT SIX INCHES FROM THE REAR PROPERTY LINE TO A 15 FOOT VARI FROM THE REQUIRED 15 FOOT MINIMUM REAR BUFFER YARD REQUIREMENT TO ALLOW THE ELIMINATION OF THE REAR BUFFER YARD. AND THREE, A FOUR FOOT VARIANCE FROM THE REQUIRED 10 FOOT MINIMUM FRONT BUFFER YARD REQUIREMENT TO ALLOW A BUFFER TO BE SIX FEET ON A SECONDARY ARTERIAL. TYPE B. THE CURRENT ZONING IS C TWO N A. THE SUBJECT PROPERTY IS LOCATED ALONG COMMERCIAL AVENUE NEAR WEST HUTCHINS PLACE. THE APPLICANT IS PROPOSING TO CONSTRUCT A STRUCTURE WITHIN THE EXISTING BUILDING FOOTPRINT. IT WAS PROMPTED DURING THE PERMITTING PROCESS THAT THE APPLICANT WOULD NEED TO OBTAIN A VARIANCE FOR THE REAR SETBACK AND REAR AND FRONT BUFFER YARDS. THE PROPOSED REAR SETBACK IS SEVEN FEET, SIX INCHES FROM THE REAR PROPERTY LINE AND THE, THE ELIMINATION OF A REAR BUFFER YARD. AND TO HAVE A SIX FOOT FRONT BUFFER STRUCTURES LOCATED WITHIN THE C TWO NA BASED ZONING DISTRICTS ARE REQUIRED TO BE SET BACK A MINIMUM OF 30 FEET TO THE REAR WHEN ABUTTING A RESIDENTIAL USE OR A RESIDENTIAL ZONING ZONE DISTRICT. ADDITIONALLY, STRUCTURES ARE REQUIRED TO HAVE A MINIMUM 15 FOOT BUFFER YARD IF THE ABUTTING BASED ZONING DISTRICT IS RESIDENTIAL AND A 10 FOOT BUFFER IF THE ABUTTING ARTERIAL IS A SECONDARY ARTERIAL. TYPE B. AND HERE IS THE SITE PLAN AND THEN THE SUBJECT PROPERTY, AN ALTERNATE VIEW. AND HERE IS A PHOTO OF THE NEIGHBORING, UH, PROPERTY. IT'S A COMMERCIALLY ZONED STRUCTURE WITH A SIMILAR SETBACK. AND THEN THIS SURROUNDING AREAS STAFF RECOMMENDATION FOR THE REAR SETBACK AND FRONT SETBACK AND LANDSCAPE BUFFER VARIANCES. UH, STAFF RECOMMENDS APPROVAL, UM, AND BO O A DASH 22 DASH 1 0 3 0 0 2 3 5 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE PROPOSED REAR SETBACK IS SEVEN FEET, SEVEN FOOT SIX INCHES, UM, ELIMINATION OF THE REBUFFER YARD AND MAINTAINING A SIX FOOT BUFFER YARD IN THE FRONT WALL. ADHERE TO THE SPEAR OF THE ORDINANCE AND SUBSTANTIAL JUSTICE WILL BE DONE BY ALLOWING FOR SUITABLE DISTANCES BETWEEN STRUCTURES AND NEIGHBORING PROPERTIES. AND TWO, THE SIZE OF THE LAW IS SMALL, PREVENTING THE CONSTRUCTION OF A SIZABLE BUILDING AND PARKING [03:45:01] LOT. AND THIS IS THE NOTIFICATION PLAN. STAFF MAIL 22 NOTICES. UH, WE RECEIVE ZERO IN FAVOR, ZERO IN OPPOSITION, AND WE HAD NO RESPONSE FROM THE HARLANDALE MCCOLLUM NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. THANK YOU. THANK YOU. THE APPLICANT. PLEASE COME FORWARD. UH, STATE YOUR NAME AND TELL US ABOUT YOUR CASE. SURE. UH, EXCUSE ME. MY NAME IS, UH, RIO. I GO BY L . UH, WE KIND OF GOT HERE UNFORTUNATELY BY, UH, I WAS HIRED, KIND OF HIRED TO DO A SMALL REMODEL ON THE PROJECT, JUST KIND OF FACELIFT ON THE PROJECT AND, UH, KIND OF GOT A LITTLE AHEAD OF OURSELVES WHILE WE WERE, THE OWNER KIND OF WANTED TO GET GOING ON THE PROJECT WHILE WE WERE DESIGNING, KIND OF GOING THROUGH THE ARCHITECTURAL DRAWINGS. M E P UH, THE OWNER PULLED A, UH, DEMO PERMIT TO START DEMOING IT. ONCE THEY GOT INTO IT, UH, THEY NOTICED THAT THE, UH, THE ENGINEER RECOMMENDED, YOU KNOW, A, A DEMO INSTEAD OF TRYING TO REPAIR. IT'S GONNA BE LESS EXPENSIVE TO GO THAT ROUTE. THEY, YOU KNOW, WE ENDED UP, UH, DEMOING THE PROJECT AND DURING THE PERMITTING PROCESS WE FOUND OUT, YOU KNOW, WE HAVE TO MEET THE NEW, YOU KNOW, THE NEW ORDINANCES OR, YOU KNOW, AND THAT'S KIND OF HOW WE ENDED UP HERE. OKAY. AND STAFF HAD MENTIONED THIS IS IN THE SAME FOOTPRINT? YEAH, SO IT WAS THE EXACT SAME FOOTPRINT, UH, WHICH IS WHAT WE WERE GONNA DO. WE WERE ORIGINALLY JUST GONNA DO A FACELIFT AND REDO THE ROOF ON IT. AND ONCE THE STRUCTURAL ENGINEER GOT IN THERE, HE SAID, LOOK, YOU, YOU'VE GOT SOME ISSUES WITH, IT WAS LIKE FOUR OR FIVE BUILDINGS PUT TOGETHER AT ONE TIME. THE SLABS WERE ALL DIFFERENT ELEVATIONS ALL OVER THE PLACE. SO AS WE KIND OF GOT GOT INTO IT, IT WAS, YOU KNOW, IT JUST WENT FROM ONE TO ANOTHER. JUST DEMOING, DEMOING, DEMOING, UM, TILL WE GOT DOWN TO THE SLAB. OKAY. UM, FROM THE AERIAL, IT LOOKS LIKE THE BUILDING EXTENDED ALL THE WAY DOWN, UH, A LITTLE CLOSER TO YOUR NEIGHBOR TO THE SOUTH. UM, ARE YOU, ARE YOU MAKING IT SMALLER THAN WHAT IT WAS BEFORE IN ANY WAY? I'M SORRY, SAY THAT AGAIN. IS THE BUILDING GONNA BE SMALLER THAN IT WAS? NO, IT'S THE EXACT SAME FOOTPRINT. YEAH, EXACT SAME FOOTPRINT AS WHAT WAS THERE BEFORE. ALRIGHT, THANK YOU. UH, IS ANYONE SIDE TO SPEAK ANY VOICEMAILS? NO PUBLIC COMMENT. NO PUBLIC COMMENT? THERE IS A, NOPE. NEVERMIND. NO, UH, PUBLIC COMMENT. ALL RIGHT. WE'RE GONNA OPEN THIS UP TO COMMISSIONER QUESTIONS. CRUZ. COMMISSIONER CRUZ? UH, I'VE JUST GOT ONE, UH, I KNOW THE PROPERTY RIGHT NEXT TO IT. ARE YOU ADDING ON TO THAT ONE OR IS IT GONNA BE A DIFFERENT BUILDING? NO, IT'S COMPLETELY DIFFERENT STRUCTURE. YES. OKAY. SO IT'S NOT GONNA HAVE ANYTHING TO DO WITH THE RESTAURANT NEXT TO IT? NO, NO. YEAH. OKAY. THANK YOU. MM-HMM. . ALRIGHT. ANYONE ELSE? COMMISSIONER MINKA? UH, SIR, UH, SINCE WE HAVE A A ZERO PROPERTY LINE ON THE BACK MM-HMM. AND IT'S GONNA BE FLAT. WHAT IS EXHAUSTING TOWARD THE REAR OF THE BUILDING TO THE RESIDENCE ON THE NEXT SIDE? UH, IT'S A FLAT STRUCTURE. EVERYTHING'S UP THROUGH THE, UH, THROUGH THE ROOF. THROUGH THE ROOF? YES. OKAY. SO THERE'S NOTHING BENDING TO THE GUY SITTING NEXT DOOR OR OUTSIDE ON A SUNDAY AFTERNOON. HE'S GETTING QUOTE, RIGHT? YEAH. . ALL RIGHT. YEAH. . ANY, ANY OTHER COMMISSIONER QUESTIONS? MANNA COMMISSIONER MANNA? SO I'M CONFUSED WITH REGARDS TO THE ZERO COMMENT, UH, ZERO LOT LINE COMMENT. SO THERE'S STILL GONNA BE A BUFFER, CORRECT? UH, THEY'RE ASKING FOR I THINK SEVEN FOOT SIX FROM THE REAR, RIGHT, BUT AT THE SAME SPACE AS WHAT WAS PREVIOUSLY THERE AND IT LINES UP WITH THE, THE, UH, PROPERTY TO THE NORTH, UM, IF I'M, IF I HEARD CORRECTLY IN THE PRESENTATION. RIGHT. SO, SO THE FOOTPRINTS THEN CHANGED AND IT'S BASICALLY THE SAME DISTANCE FROM, UH, THE NEIGHBORING PROPERTY AS THE, UH, AS THE PROPERTY THAT'S TO THE NORTH OF YOU, CORRECT? CORRECT. OKAY. OKAY. THERE'S NOTHING ELSE. UH, THANK YOU VERY MUCH. UH, WE'RE GONNA GO AHEAD AND LOOK FOR A MOTION AND WE'LL DELIBERATE BRAGMAN COMMISSIONER BRAGMAN REGARDING CASE NUMBER BO A DASH 22 DASH 0 3 0 2 3 5. I MOVE THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE A 22 FOOT SIX INCH VARIANCE FROM THE REQUIRED 30 FOOT MINIMUM REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE SEVEN FOOT SIX INCHES FROM THE REAR PROPERTY LINE. TWO, A 15 FOOT VARIANCE FROM THE REQUIRED 15 FOOT MINIMUM REAR BUFFER YARD REQUIREMENT TO ALLOW THE ELIMINATION OF THE REAR BUFFER YARD. THREE A FOUR FOOT VARIANCE FROM THE REQUIRED 10 FOOT MINIMUM FRONT BUFFER YARD REQUIREMENT TO ALLOW A BUFFER YARD TO BE SIX FOOT ON A [03:50:01] SECONDARY ARTERIAL TYPE B SITUATED AT 31 0 6 COMMERCIAL AVENUE APPLICANT BEING L RIO. BECAUSE THE, A TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMEN, IT WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE APPLICANT IS REQUESTING A VARIANCE TO THE REAR SETBACK TO ALLOW A STRUCTURE TO BE SEVEN FOOT SIX INCHES FROM THE REAR PROPERTY LINE. STAFF FINDS THIS IS SUITABLE AMOUNT OF SPACING AS THE STRUCTURE IS ABIDING BY THE FRONT AND SIDE SETBACK REQUIREMENTS. ADDITIONALLY, THE APPLICANT IS REQUESTING A 15 FOOT VARIANCE TO ALLOW THE ELIMINATION OF THE REAR BUFFER YARD AND A FOUR FOOT VARIANCE TO ALLOW A SIX FOOT BUFFER YARD IN THE FRONT YARD, WHICH IS NOT CONTRARY TO THE PUBLIC INTEREST AS IT IS IN THE REAR YARD AND CANNOT BE SEEN FROM ANY STREET RIGHT OF WAY. FURTHERMORE, THE APPLICANT HAS A SIX FOOT BUFFER YARD IN THE FRONT YARD, ALLOWING FOR A BUFFER BETWEEN THE PUBLIC RIGHT OF WAY AND SUBJECT PROPERTY. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT ALTERING THE PROPOSED STRUCTURE TO ADHERE TO THE REAR SETBACK AND REAR BUFFER YARD REQUIREMENTS. THIS WOULD RESULT IN UNNECESSARY HARDSHIP AS THIS WOULD NOT ALLOW FOR THE, THE EXPANSION OF THE PARKING LOT AS PROPOSED. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND THE SUBSTANTIAL JUSTICE WILL BE DONE. IN THIS CASE, THE PROPOSED REAR SETBACK, SEVEN FOOT SIX INCHES, ELIMINATION OF THE REAR BUFFER YARD AND MAINTAINING A SIX FOOT FRONT BUFFER WOULD ADHERE TO THE SPIRIT OF THE ORDINANCE. AND SUBSTANTIAL JUSTICE WILL BE DONE BY ALLOWING SUITABLE DISTANCES BETWEEN STRUCTURES AND NEIGHBORING PROPERTIES. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTERED THE ESSENTIAL CARE TO THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE PROPOSED STRUCTURE WILL BE SEVEN FOOT SIX INCHES FROM THE REAR PROPERTY LINE, HAVE NO REAR BUFFER YARD AND MAINTAIN A SIX FOOT BUFFER IN THE FRONT, THESE REQUIREMENTS WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THE NEW STRUCTURE WILL HAVE THE SAME BUILDING FOOTPRINT AS IT DID PREVIOUSLY. ADDITIONALLY, THE NEIGHBORING PROPERTIES WERE OBSERVED OF SIMILAR REAR SETBACKS AND BUFFER YARDS. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR 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, ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY'S LOCATED. STAFF FINDS THAT THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS THE LENGTH OF THE PARCEL. DUE TO THIS, THE APPLICANT WOULD NOT BE ABLE TO BUILD A SIZABLE STRUCTURE WITHOUT REDUCING THE AMOUNT OF REQUIRED PARKING SPACES IN THE FRONT. THE CIRCUMSTANCES DO NOT APPEAR TO BE ME MERELY FINANCIAL AND OF MOTION. ALRIGHT, IS THERE A SECOND? SECOND. SECOND BY COMMISSIONER CRUZ AND COMMISSIONER BRACKMAN? YEAH, I'M GONNA BE IN SUPPORT OF THIS MOTION. UM, AS UM, SAID IN THE MOTION, UM, IT'S A REPLACEMENT OF THE BUILDING FOOTPRINT AS IT WAS BEFORE. UM, THE NAMING PROPERTIES HAVE SIMILAR REAR SETBACKS AND ABOVE YARDS, SO I'LL BE IN SUPPORT. ALRIGHT. COMMISSIONER CRUZ? YES. SECOND CRUZ. UH, COMMISSIONER BRAGMAN. I DON'T SEE ANY PROBLEM WITH THIS. IT SHOULD BE A REAL NICE, UH, BUILDING TO ADD TO THAT NEIGHBORHOOD. THANK YOU. ALL RIGHT. ANY OTHER COMMISSIONERS LIKE TO ADD HEARING NONE UNLESS HAVE A ROLL CALL VOTE MS. BRAGMAN. 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. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA? YES. YES. I CONCUR. CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES NINE TO ZERO. THANK YOU. CONGRATULATIONS. THANK YOU. UM, YOU'RE WELCOME. UH, SO, UH, NEXT ITEM NUMBER 11 2 6 5. UM, 2 6 5. YES. AGENDA ITEM 11 BO O 8 22 1 0 3 0 0 2 6 5. ADDRESS IS SEVEN 30 WEST ALMOST DRIVE. COUNCIL DISTRICT ONE. APPLICANT IS OSCAR MONTE. A REQUEST FOR ONE, A TIFF TWO FOOT TWO INCH SPECIAL EXEMPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT TO ALLOW A FIVE FOOT TWO INCH SOLID SCREEN PRIVACY FENCE ALONG THE FRONT YARD. TWO, A FIVE FOOT FIVE INCH VARIANCE [03:55:01] FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A SOLID SCREEN FENCE TO BE NINE FEET, SEVEN INCHES FROM THE CURB. ZONING IS R FOUR CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED ALONG WEST, ALMOST DRIVE NEAR ALMOST PARK. THE APPLICANT CONSTRUCTED A WOOD PRIVACY FENCE ALONG THE FRONT AND SIDE PROPERTY LINE WITHOUT OBTAINING ANY FENCE. PERMIT THE CASE FROM CODE ENFORCE THERE WAS A CASE FROM CODE ENFORCEMENT. THE MAXIMUM HEIGHT PERMITTED FOR A SOLID FENCE IS THE, IN THE FRONT IS THREE FEET. UPON THE SITE VISIT CON CONDUCTED BY STAFF, THE FENCE MEASURED FIVE FOOT TWO INCHES AT THE HIGHEST POINT DURING THE SITE VISIT. STAFF OBSERVED THE FENCE IS NINE FOOT SEVEN INCHES FROM THE CURB SHORT OF THE 15 FEET FRONT SETBACK REQUIREMENT. THIS IS A SITE PLAN AND THE SUBJECT PROPERTY, THE FENCE HEIGHT MEASUREMENT AND YOUR CLEAR VISION MEASUREMENT AND YOUR SURROUNDING AREA. RECOMMENDATION FOR FENCE SPECIAL EXCEPTIONS, STAFF RECOMMENDS DENIAL AND BILL O 8 22 1 0 3 0 0 2 6 5 BASED ON THE FOLLOWING FINDINGS, THE FIVE FOOT TWO INCH WOOD PRIVACY FENCE WAS CONSTRUCTED ON THE FRONT PROPERTY LINE WITHOUT AN ISSUED PERMIT. THE PRIVACY FENCE IS 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 VARIANCE. STAFF RECOMMENDS APPROVAL M B O A 22 1 0 3 0 0 2 6 5 BASED ON THE FOLLOWING FINDINGS. DEFENSE IS IN LINE WITH OTHERS IN THE IMMEDIATE AREA, THEREFORE, THE REQUEST DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. NOTIFICATION PLAN. STAFF MAILED OUT 28 NOTICES. ONE IN FAVOR, ONE IN OPPOSITION. AND EDISON NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION POSITION. AND THERE'S YOUR, UH, EMAIL, THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT ISABEL, UH, BEFORE YOU GO, UH, YOU'RE RECOMMENDING, UH, DENIAL ON THE FENCE SITE, BUT APPROVAL ON THE CLEAR VISION. BUT IF WE DENY THE FENCE SITE, THEN THE CLEAR VISION WOULD I I DON'T, I'M TRYING TO FIGURE OUT, UH, HOW THAT WOULD WELL, THE FENCE SITE WOULD HAVE TO CONFORM TO THE THREE FOOT, UH, LIMITATION WITHIN THOSE FIRST 15 FEET IF THIS IS, IF THE, IF THE FENCE SITE IS DENIED. OKAY. BUT IF WE DENY THE FENCE SITE, THEN THE CLEAR VISION'S APPROVED BECAUSE IT'S NUMBER MORE THAN THREE FEET. SO THEY CAN GO ABOVE THREE FEET. SO THEY CAN GO UP TO FIVE FEET PREDOMINANTLY OPEN IN THE FRONT. OH, OKAY. IF THIS IS DISAPPROVED. OKAY. I UNDERSTAND. THANK YOU. ALL RIGHT. UM, IS THERE ANY, SO, UM, APPLICANT PRESENT? CORRECT. HELLO, IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE. YES, GOOD AFTERNOON. MY NAME IS OSCAR MONTIEL LIVE. SEVEN 30 WEST SOMOS DRIVE. UM, THE CASE NUMBER, YOU HAVE IT, YOU WANT . WHAT ELSE? YOU TWO, UH, ENDS IN 2 6 5, BUT YOU CAN JUST, UM, WE KNOW WHICH CASE YOU'RE HERE FOR. YES. YOU CAN JUST START. UM, THANK YOU VERY MUCH FOR YOUR TIME. I APPRECIATE THAT YOU'RE HERE. HOLD HERE TO, TO LISTEN TO MY CASE. UM, THE DEFENSE, UH, IT WAS BUILT IN, UH, MARCH OF, UH, 2021. UM, I BUILT IT BECAUSE MY FORM OF PROTECTION, I WAS A, UM, VICTIM OF PHYSICAL ABUSE FOR THREE YEARS. I WAS SENT TO THE HOSPITAL FOUR TIMES. AND, UH, WHEN FINALLY I TERMINATED THIS RELATIONSHIP, UM, I WAS VERY, VERY, UM, UH, AFRAID OF, UH, THAT I WOULD BE, YOU KNOW, THIS INDIVIDUAL WOULD CONTINUE 'CAUSE HE, UH, UM, HARASSING ME. AND, AND, UH, SO I GOT A, OR PROTECTION, UH, UH, ORDER, A PROTECTIVE ORDER. MY ATTORNEYS, BETTY GALBAN, UM, SHE'S WILLING TO TAKE YOUR PHONE CALLS IF YOU WANT. AND, UM, SO THAT'S THE REASON I ARGUED FROM A PROTECTION 'CAUSE I WAS AFRAID. AND, UM, SO THAT'S, AND, AND, AND THEN, UM, I BILLED THE, THE ELECTRIC, THE, THE GATE, UH, AUGUST OF THIS YEAR BECAUSE THE, UH, CONTRACTOR THAT I HAD HIRED, UM, UM, NEVER, YOU KNOW, AS IF I PAID, YOU KNOW, HE NEVER, HE NEVER BILL THE GATE, THE, THE, THE, THE ELECTRIC FENCE. AND, UM, I, UH, IT WAS JUST UNTIL, UH, AUGUST OF, UH, LAST YEAR WHEN I GOT A CITATION, UH, FROM THE, UH, COVID DEPARTMENT. UH, BUT FOR, SO MARCH OF 2021 UNTIL UNTIL AUGUST, YOU KNOW, I WAS NEVER, UH, NOBODY, I NEVER RECEIVED ANY, ANY NOTICES. OKAY. UH, STAFF, ANYONE SIGNED TO SPEAK ANY VOICEMAILS? WE HAVE ONE, UH, SPEAKER. UM, ESTHER DELEON. THEY'RE NOT HERE ANYMORE. NOT HERE. OKAY. AND SO WITH THAT, WE'LL OPEN THIS UP TO COMMISSIONER OF QUESTIONS. [04:00:03] MEASURE MINKA, SIR. UH, WHEN YOU PUT THIS FENCE UP FOR SECURITY YES. WHY DID YOU ELECT WOOD? I'M JUST CURIOUS, WHY DID YOU PUT WOOD PLANKS ACROSS? BECAUSE I WANTED TO HAVE, HAVE AS MUCH, UM, PRIVACY AS POSSIBLE. UM, RO KEPT DRIVING, YOU KNOW, IN FRONT OF MY, I HAVE CAMERAS ALSO. AND, UH, HE KEPT DRIVING, UH, SOMETIMES, YOU KNOW, OR HOURS OF THE NIGHT OR DURING THE DAY. AND, UH, I HAVE THE, THE, THE, THE TAPES. AND UH, SO THAT'S WHAT I WANTED TO HAVE, YOU KNOW, AS MUCH PRIVACY AS POSSIBLE. ARE THERE A LOT OF CHILDREN IN THE NEIGHBORHOOD? EXCUSE ME? ARE THERE KIDS IN THE NEIGHBORHOOD WALKING UP ON THE SIDEWALK? UH, NO. OR NO? THERE ARE NO CHILDREN, UH, IN NOT AN ENTIRE BLOCK THAT I LIVE. UM, THERE PERHAPS THERE WILL BE SOME CHILDREN IN THE NEXT BLOCK. UH, BUT NOT, NOT ON MY BLOCK. THERE ARE NO CHILDREN. THANK YOU. YOU'RE WELCOME. COMMISSIONER MANNA. SO, SO QUESTION FOR YOU. YES. YOU KNOW, SO, SO IT LOOKS LIKE THE, THE GATE HAS BACKING BARS BEHIND IT AND THEN YOU PUT THE SLATS IN THERE, UH, ADDED THE SLATS. YOU HAVE TO PROVIDE THE PRIVACY THERE. AND SO, SO PART OF THE DIALOGUE CITY ALLOWS FOR THE THREE FOOT SOLID SCREEN FENCE. AND THEN, SO QUESTION WOULD BE, YOU KNOW, IF YOU REMOVE THE TOP TWO RUNGS, THAT PROBABLY PUTS YOU AT THE THREE FOOT, THE TOP TWO BOARDS AT THE TOP, AT THE TOP OF YOUR FENCE, THAT TOP OF YOUR GATE THAT BRINGS YOU TO THREE FOOT FOR THE REMAINING SOLID TO ALLOW PREDOMINANTLY OPEN ON THE TOP. MM-HMM. . COULD THAT SAME THING ALSO BE DONE AROUND THE REMAINDER OF THE FENCE WHERE YOU COULD TAKE OFF, WE'LL SAY THREE SLATS SO THAT YOU HAVE A THREE FOOT SOLID FENCE AND THEN, AND THEN SOME TYPE OF PREDOMINANTLY OPEN FENCE AROUND FOR THE REMAINDER OF THE FENCE. SO ADD TO THE EXISTING FENCE TO MAKE IT PREDOMINANTLY OPEN FOR THE TOP PROPORTION, LEAVE THE BOTTOM THREE FOOT SOLID WITH THE TOP BEING PARTIALLY OPEN. IS THAT A POSSIBILITY? UM, YEAH, IT, YEAH, ANYTHING, YOU KNOW, POSSIBILITIES ARE MANY. UM, NOW IT'S GONNA BE MORE COSTLY, UH, WHEN FIND TO FIND, FIND SOMEONE TO, TO DO IT. AND UH, LIKE I SAID, I HAVE ALREADY A BAD EXPERIENCE WITH CONTRACTORS. YOU KNOW, THREE PEOPLE HAVE PAID AND NEVER FINISHED THEIR JOB. UM, I AM DISABLED AND I'M IN A FIXED INCOME. AND, UH, SO I AM OPEN FOR ANY OF THE POSSIBILITIES THAT YOU ARE SUGGESTING, YOU KNOW, AS LONG AS I CAN AFFORD THEM. SO, BECAUSE, YOU KNOW, LOOKING AT THE NEIGHBOR'S FENCE, IT KIND OF IS A LITTLE BIT CLOSER BEING CONSISTENT WITH YOUR NEIGHBOR'S FENCE WHERE IT'S A LITTLE BIT MORE OPEN. AND SO I THINK, YOU KNOW, PART OF THE DIALOGUE IS, YOU KNOW, WE'RE, WE'RE, WE'RE KIND OF DIALOGUING TWO COMPONENTS HERE. ONE IS A SOLID FENCE AND THE HEIGHT OF THAT, AND THEN THE SECOND IS THE, THE CLEAR VISION. AND SO, SO THAT WOULD RESOLVE POTENTIALLY BOTH CHALLENGES THERE OR MAKE IT A LITTLE BIT EASIER FOR EVERYBODY. UM, SO ANYWAYS. OKAY. OKAY. MINKA TO MR. MINKA. ALONG THAT QUESTION, ASKING STAFF, UH, IF THAT WOULD BE LIKE, UH, AN IDEA, HOW MUCH OF IT WOULD HAVE TO BE 70% SO HE CAN SEE THROUGH THAT. IN OTHER WORDS, LIKE HALFWAY ALL THE WAY ACROSS, WE'LL COVER 70% THAT YOU CAN SEE THROUGH THE NEXT FEET. OR, OR MAYBE THE MOTION COULD BE READ TO WHERE, WHERE IT'S A THREE FOOT, UH, SOLID FENCE AND ABOVE THREE FEET. IT'S PREDOMINANTLY OPEN IN THAT PORTION. 70%? YEAH. YEAH. THAT, THAT WOULD, UH, MAKE MORE SENSE. UM, AS FAR AS EVERY OTHER ONE, I GUESS THAT WOULD JUST MATHEMATICALLY BE A LITTLE BIT OVER 50%. OKAY. UH, SO WHOEVER READS THE MOTION, JUST KEEP THAT IN MIND, PLEASE. UH, ANY OTHER QUESTIONS? ALL RIGHT. HEARING NONE, UH, THANK YOU VERY MUCH. WE'RE GONNA GO AHEAD AND DELIBERATE. I'M LOOKING FOR A MOTION. O COMMISSIONER ZUNA. OKAY. REGARDING CASE NUMBER BO O A DASH 22 DASH 0 3 0 2 65, I MOVED AT THE BOARD OF ADJUSTMENT GRANDER REQUEST FOR A TWO FOOT TWO SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT AS DESCRIBED IN SECTION 35 5 1 4 TO ALLOW A SIX FOOT FIVE SOLID SCREEN PRIVACY FENCE. WITH THE EXCEPTION US WOULD BE THREE FEET OF SOLID SCREENED, UH, FROM THE BOTTOM AND THE REMAINING HEIGHT UP TO SIX FEET, FIVE INCHES TO BE 70% OPEN. UH, SITUATED AT SEVEN 30 WEST ALMOST DRIVE APPLICANT BEING OSCAR, OSCAR MONTE. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. AND I'M LOOKING FOR CONCURRENCE ON THE MOTION AS I READ IT. DOES THAT ALIGN WITH WHAT WE WERE TALKING ABOUT? YEAH. THREE FOOT SOLID, THREE FOOT FIVE INCH, UH, PREDOMINANTLY, PREDOMINANTLY OPEN IS 70% OPEN, PREDOMINANTLY OPEN. OKAY. RIGHT. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT OF THE PURPOSE OF THIS CHAPTER. THE ADDITIONAL FENCE HEIGHT IN THE FRONT IS SIMILAR TO OTHERS IN THE AREA. STAFF FINDS THAT THE REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE. [04:05:01] B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED. THE FENCE IS UNLIKELY TO DISTURB THE PIECE OF THE NEIGHBORING NEIGHBORHOOD AND FITS WITH THE CHARACTER OF THE NEIGHBORHOOD. THE FENCE IS SOLID, SCREENED AND WOULD SERVE THE PUBLIC WELFARE AND CONVENIENCE. SEE, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE FRONT FENCE WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT PROPERTY. IT IS UNLIKELY TO SUBSTANTIALLY INJURE ANY NEIGHBORING PROPERTIES. DUE TO SPECIAL EXCEPTION WOULD ALTER THE ESSENTIAL CHARACTER OF THIS DISTRICT AND LOCATION IN WHICH THE PROPERTY FORCE A SPECIAL EXCEPTION IS SOUGHT. THIS, THE ADDITIONAL HEIGHT FOR FRONT YARD FENCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THERE ARE OTHER SIMILAR FENCE HEIGHTS IN THE AREA. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OF THE REGULATIONS HERE AND ESTABLISH FOR THE SPECIFIC DISTRICT. THE CURRENT ZONING PERMITS, THE CURRENT USE OF SINGLE FAMILY HOMES. THE REQUEST OF SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THIS DISTRICT. AND A MOTION. SECOND. SECOND BY COMMISSIONER MANOR, COMM MANOCK, COMMISSIONER ZUNA, UH, I'M SUPPORTING THE MOTION. I THINK IT SERVES THE PURPOSE OF PROVIDING A SECURITY, UH, FOR THE APPLICANT, YET DOES PROVIDE THE, UH, PREDOMINANTLY OPEN, UH, THAT IS PART OF THE, UM, THE CITY CODE COMMISSIONER. AMANDA, I CONCUR WITH MY COLLEAGUE. ALL RIGHT. SO WE HAVE A MOTION FOR A, UH, THREE FOOT SOLID SCREEN FENCE WITH TWO FOOT FIVE INCHES BEING PREDOMINANTLY OPEN UP TO 70%. 3 5 3 FOOT. FIVE THREE. OKAY. I APOLOGIZE. 'CAUSE THE, THE MOTION ORIGINALLY. OKAY, I SEE WHAT YOU'RE SAYING. YEAH. THREE FOOT FIVE PREDOMINANTLY OPEN AT 70%. ALL RIGHT. LET'S HAVE A ROLL CALL. VOTE PLEASE. MR. UNA. I CONCUR. MR. MANNA. 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. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. UH, NINE TO ZERO. AND NOW WE NEED A MOTION FOR THE CLEAR VISION. OZUNA COMMISSIONER OZUNA. AND JUST POINT OF CLARIFICATION, EVEN THOUGH WE'RE, WE'RE PREDOMINANTLY OPEN ON THE THREE FOOT FIVE, WE STILL NEED TO CLEAR, UH, VISION RIGHT FOR, BECAUSE IT'S ABOVE, UH, THREE FEET, WHETHER IT'S PREDOMINANTLY OPEN OR NOT. GOTCHA. OKAY. REGARDING CASE NUMBER BO EIGHT DASH 22 DASH 0 3 0 0 2 65, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT AND REQUEST FOR A FIVE FOOT FIVE INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT AS DESCRIBED IN 35 5 14 A TWO TO ALLOW A SOLID SCREEN FENCE TO BE NINE FEET, SEVEN INCHES FROM THE FRONT CURB SITUATED AT SEVEN 30 WEST, ALMOST DRIVE A APPLICANT BEING OSCAR MONTEL. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINE SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THE LITERAL 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 THE PUBLIC INTEREST. THE APPLICANT'S VARIANCE REQUEST DOES NOT APPEAR CONTRARY TO THE PUBLIC INTEREST, AS THERE IS SUFFICIENT SPACE BETWEEN THE CURB AND THE FENCE. TWO, DUE TO SPECIAL CONDITIONS, THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. REQUIRING THE FENCE TO BE MOVED BACK WOULD REQUIRE THE APPLICANT TO MOVE THEIR FENCE LINE BEHIND NEIGHBORING HOUSES. THREE. BY GRANTING THE VARIANCE OF SPARE TO THE ORDINANCE WILL BE OBSERVED, THE SUBSTANTIAL JUSTICE WILL BE DONE AND THE RECOMMENDED VARIANCES APPEAR TO OBSERVE THE SPIRIT OF THE ORDINANCE. NEIGHBORING HOUSES HAVE SIMILAR FENCE PLACEMENTS, AND THE VARIANCE ALLOWS ADEQUATE FRONT SPACING FOR THE VARIANCE WITHOUT AUTHORIZE THE OPERATION OF USE. OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, THE VARIANCES LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITHIN WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, WHICH THE PROPERTY'S LOCATED STAFF FINDS EVIDENCE THAT THE REQUESTED VARIANCE WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. AS OTHER HOUSES IN THE AREA HAVE SIMILAR FENCE, LOCATIONS SIX APPLY TO THE OWNER OF THE PROPERTY FOR ITS THE VARIANCE IS SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULTS OF THE GENERAL CONDITIONS. THE DISTRICT, WHICH TO THE PROPERTY IS LOCATED, STAFF FINDS, HAS APPLIED TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE IS SOUGHT. VARIANCES ARE SOUGHT, IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE LOCATION OF THE PROPERTY. THE REQUESTED CLEAR VISION VARIANCE WILL EASE THE HARDSHIP BY ALLOWING THE FENCE LINE TO BE REMAIN THE SAME IN LINE WITH NEIGHBORING HOUSES AND OF, AND OF MOTION. DO YOU HAVE A SECOND? SECOND. SECOND. BY COMMISSIONER AMANDA, COMMISSIONER ZUNA. UM, SUPPORTING THE MOTION AS READ, UM, CLEAR VISION HELPS, UH, WITH THE, THE, UM, AMENDMENT OF THE FENCE HEIGHT TO ALLOW THE PREDOMINANTLY OPEN. ALSO, UH, PROVIDES SOME CLEAR VISION FOR THE PROPERTY. SO, ALRIGHT. THANK YOU COMMISSIONER MANNA. I CONCUR WITH MY COLLEAGUE UNLESS THERE'S ANYTHING ELSE, ANYONE ELSE LIKE TO ADD? WE CAN GO TO A ROLL CALL. VOTE PLEASE. MR. OZUNA. I CONCUR. MR. MANNA. 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 FINANCES OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. [04:10:02] UH, WE DID MAKE AN A A A A LITTLE DEVIATION FROM WHAT YOU REQUESTED. UH, AND IF YOU HAVE ANY QUESTIONS, STAFF CAN EXPLAIN, UH, WHAT, WHAT, WHAT THAT MEANT. VERY GOOD. THANK YOU. THANK YOU VERY MUCH. I APPRECIATE YOUR TIME. THANK YOU. YES, SIR. ALRIGHT, ONE MORE TO GO. ITEM 12, AGENDA ITEM 12 B OH 8 22 1 0 3 0 0 2 6 7. ADDRESS IS EIGHT 17 WEST MAYFIELD COUNCIL DISTRICT FIVE. APPLICANT IS ROBIN NOLTON. K LOVE ENGINEERING. 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 COMBINED FENCE ALONG THE FRONT YARD. TWO A EIGHT FOOT SIX INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A SOLID SCREEN FENCE TO BE SIX FOOT SIX INCHES FROM THE FRONT CURB. AND THREE, A 25 FOOT VARIANCE FROM THE 25 FOOT BUFFER TO ALLOW AN ELIMINATION OF THE REAR BUFFER ZONING IS I ONE GENERAL INDUSTRIAL. THE SUBJECT PROPERTY IS LOCATED ALONG MAYFIELD ON THE SOUTHWEST SIDE NEAR LACKLAND AIR FORCE BASE. THE APPLICANT REQUESTED AN ADJUSTMENT FOR THE ELIMINATION OF THE REAR BUFFER ON THE SITE VISITS. STAFF NOTICED THE APPLICANT CONSTRUCTED A COMBINED PRICK AND METAL FENCE ALONG THE FRONT PROPERTY LINE. STAFF OBSERVED THE FENCE IS SIX FOOT SIX INCH FROM THE CURB, SHOWED THE 15 FOOT FRONT SETBACK REQUIREMENT. STAFF DID NOT OBSERVE ANY ABNORMAL FEATURES SUCH AS SLOPE ON THE PROPERTY, BUT FOR MAP BUFFERS ONLY REQUIRED ON THE PORTION ZONED I ONE AS OUTLINED ON THE MAP BELOW. THIS IS YOUR SITE PLAN, AN ADDITIONAL SITE PLAN AND THE SUBJECT PROPERTY, THE DRIVEWAY AND DEFENSE, YOUR CLEAR VISION MEASUREMENT AND YOUR SURROUNDING AREAS. RECOMMENDATION AND CLEAR VISION VARIANCE STAFF RECOMMENDS APPROVAL AND BILL O 8 22 1 0 3 0 0 2 6 7 BASED ON THE FOLLOWING FINDINGS, FENCE IS IN LINE WITH OTHERS IN THE IMMEDIATE AREA. THEREFORE, THE REQUEST DOES NOT APPEAR TO ALTER THE CENTRAL CHARACTER. THE NEIGHBORHOOD RECOMMENDATION FOR BUFFER VARIANCE STAFF RECOMMENDS DENIAL WITH AN ALTERNATE RECOMMENDATION FOR A SEVEN FOOT SIX INCH BUFFER AND B O A 22 1 0 3 0 0 2 6 7. BASED ON THE FOLLOWING FINDINGS, THERE'S ADEQUATE SPACE FOR THE CHURCH TO CONFORM TO A SEVEN FOOT SIX INCH BUFFER REQUIREMENT. AND TO THE SEVEN FOOT, SIX INCH BUFFER WILL REDUCE NOISE AND LIGHT FROM THE PROPERTY. NOTIFICATION PLAN. STAFF MAILED OUT 35 NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION. AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. OKAY, BEFORE YOU GO, UM, YOU HAD MENTIONED THAT THE BUFFERS ONLY APPLIES TO THE I ONE PORTION, BUT ISN'T IT PRETTY MUCH ALL I ONE? IT'S ALL I IT IS. OKAY. IT'S ALL I ONE. YEAH. ALL RIGHT, GREAT. UH, THANK YOU VERY MUCH. ALRIGHT, THANK YOU. I ASSUME NO ONE SIGNED UP TO SPEAK OR THERE'S NO VOICEMAILS SINCE THERE'S NO ONE ELSE HERE. WE DO HAVE TWO SPEAKERS AND I THINK ONE'S THE APPLICANT, SO. OKAY. UH, SO IF THE APPLICANT COME FORWARD. COMMISSIONER MANANO, YOU HAD A QUESTION? YEAH, A A LITTLE CONFUSED HERE. SO, UM, SO ON THE SCREEN RIGHT HERE SHOWS, UH, I GUESS TWO OPTIONS. AND THEN ON THE PRESENTATION WAS GIVEN, THERE WAS THREE OPTIONS. AND THE FIRST ONE, THE THREE FOOT FIVE INCH SPECIAL EXCEPTION IS NOT LISTED HERE, UH, FOR THE THREE FOOT FENCE HEIGHT. SO TRYING TO FIGURE OUT WHICH PART WAS ADVERTISED, WHICH ONE WAST ADVERTISED. AND THE ADVERTISEMENT IS WHAT IS ON THE AGENDA. SO, UM, EIGHT FOOT, SIX INCH VARIANCE FROM THE 15 FOOT CLEAR VISION. UM, 25 FOOT VARIANCE FROM THE 25 FOOT BUFFER. THE REAR BUFFER THAT IS. SO ARE WE VOTING ON THE FIRST ONE OR IS THE FIRST ONE IN FOR DIALOGUE? THE THREE FOOT, FIVE INCH SPECIAL EXCEPTION FOR THE MAXIMUM THREE FOOT FINITE. WHERE'S THE BUFFER? WHERE, WHERE ARE YOU, WHERE ARE YOU SEEING THAT AT? WHERE ARE YOU READING THAT AT? I'M SO THE BUFFER, WELL, THE, UM, IT WAS READ AS HE WAS GIVEN THE PRESENTATION AND IT IS IN OUR PRESENTATION PACKAGE. I READ, I READ JACOB'S, OH, HE PROBABLY HAD A COPY PASTE ERROR ON THE PRESENTATION. SORRY ABOUT THAT. SO THERE'S NO FENCE SIDE ISSUE? NO. OKAY. THANK YOU. SO YEAH, I GOT CONFUSED THERE. SO, CHAIRMAN. YES, COMMISSIONER, HOW IS, UH, BUFFER, UH, MAP AND THE LINES? YEAH, PLEASE. UH, UM, BEFORE YOU CONTINUE STAFF, CAN YOU PLEASE BRING UP, UH, THE, THE SITE PLAN [04:15:01] OR, OR NEXT THIS ONE, CAN YOU SHOW US WHERE THE BUFFER IS BEING ASKED TO BE REDUCED? 'CAUSE THERE IS, THERE'S I ONE ABUTTING, I ONE, AND THEN YOU HAVE I ONE ABUTTING RESIDENTIAL, AND THEN THE LEFT PART OF IT IS OWNED RESIDENTIAL, I THINK BACK, BACK WHERE THE MAP IS. YEAH. I DON'T KNOW IF YOU'RE ABLE TO SCROLL IN FURTHER, BUT BASICALLY THE BUFFER YARD REQUIREMENT IS GONNA BE TO THE RESIDENTIAL USES. OKAY. LET'S DO THIS. BRING UP THE AERIAL THAT HAS THE ZONING ON IT. THERE'S A CHART THAT YOU HAVE THERE. YEAH, THE COLOR CHART. YEAH, BRING, BRING PLEASE BRING, BRING UP THE AERIAL FROM THE, FROM THE PRESENTATION. YEAH, YOU COULD BRING UP THE, JUST THE MAP THAT'S IN THE PRESENTATION IN THE MEANTIME WHILE YOU PULL UP THE OTHER ONE. NOPE, NOT THAT ONE. WELL, YOU CAN USE THAT ONE. THAT'S FINE. UH, SO ON THIS, OKAY, SO ON THIS ONE, THE, THE, THE, THE REAR BUFFER IN QUESTION IS ONLY APPLICABLE AT, UH, 8 23 8 17 AND, UH, 8 25 MAYFIELD. CORRECT. 35. OH, IT'S ONLY ON THE I AND 35. IT SAID ONLY ON THE I ONE. YEAH, SO THERE'S A, THERE'S A THIN STRIP WHERE IT SAYS 8 35. THAT'S I ONE A BUDDING RESIDENTIAL. BUT THEN THE NEXT PORTION OF THE AREA ZONE R SIX, IT'S, IT'S A LITTLE EASIER TO SEE IF YOU BRING UP THE AERIAL WHERE YOU HAVE THE, THE ZONING A LITTLE, A LITTLE BETTER ONE STOP, OR, YOU KNOW, IF YOU GO TO THE ATTACHMENTS THAT ARE TIED TO THE AGENDA OR PAGE 1 28. YEAH. IF YOU HAVE INDUSTRIAL ONE, THAT'S, IT'S ONLY TWO PARTS. AND THAT'S WHAT I'M ASKING ABOUT. 'CAUSE THEN YOU HAVE THE BLACK SURROUNDINGS, SOME OF THE OTHERS. CAN YOU BRING UP PAGE 1 28? BUT WHAT YOU'RE SAYING I WANT IS OUTLINE IN THE MAP BELOW DOES LOOK LIKE 8 33 DOES HIT THE RESIDENTIAL PROPERTY. YEAH. SO THE 8 33 AND THE I ONE AND THE SMALLER I ONE. THERE YOU GO. IT'S SMALLER. MS. FLORES ALMOST THERE. THAT THING. MS. FLORES, IT'S I ONE, IT'S ONLY, IT'S BETWEEN THE TWO UNITS. YEAH. ZOOM IN A LITTLE BIT PLEASE. AND THE TOP IT, IT DOESN'T INCLUDE THE, OKAY. SO ANYWHERE THAT, ANYWHERE YOU HAVE I ONE. SO IF YOU LOOK AT THE MIDDLE, 8 25 IS I ONE, AND BEHIND IT IS R THAT R THAT, THAT REQUIRES A BUFFER. 8 23 8 17 ALSO REQUIRES A BUFFER. ON THE LEFT SIDE. THERE'S ONLY THAT ONE LITTLE THIN PART ON THE VERY LEFT WHERE IT'S ABUTTING THE R SIX THAT ALSO REQUIRES THE BUFFER. AND SO WE'RE TALKING ABOUT THE BUFFER LINE IS, UH, AROUND 8 23 AND EIGHT 17 ARE ONLY WHERE THE EYE ONE ARE. 'CAUSE YOU ONLY IF YOU USE A LASER POINTER, THAT MIGHT BE HELPFUL TOO. NO, IT IT'S ALL OF THEM. IT'S 8 17, 8 23. YOU DON'T, BUT IT DOESN'T INCLUDE YEAH, THIS, YEAH, THE R SIX IS MAP SHOWS. IT'S THAT ENTIRE BUFFER. IT'S THE ENTIRE REAR. YES. THE FIRST PROPERTY A THREE, THREE IS TWO. YOU HAVE A SPLIT HALF A WEDGING THAT YEAH, I SEE THAT. SO R SIX ABUTTING I ONE ALSO REQUIRES A BUFFER. YES. OKAY. BUT THE R SIX ABUTTING, THE R SIX DOES NOT CORRECT. SO ONLY THAT LITTLE THIN STRIP ON THE LEFT IS EXCLUDED, RIGHT? CORRECT. OKAY. SO EVERYWHERE ELSE HAS TO HAVE THE BUFFER. YES. THAT'S WHAT'S WE'RE, THAT'S WHAT'S BEFORE US TODAY. OKAY. AND THEN IF WE GO BACK TO THE SITE PLAN, WE BRING THE APPLICANT UP HERE. UM, ONE OF THE, ONE OF THE THINGS WE'RE LOOKING AT IS YOU WERE ASKING FOR A COMPLETE ELIMINATION. SO, BUT IT LOOKS LIKE YOU, YOU CAN OFFER SOMETHING. AND EVEN IF IT'S JUST FIVE FEET, I MEAN, WHAT, WHAT DO YOU HAVE AVAILABLE? CAN, CAN YOU ASK THAT QUESTION AGAIN? I'M SORRY. WELL, YEAH. WELL, ON THE, ON THE LEFT SIDE OF YOUR SIDE PLAN, YOU'RE SHOWING THAT YOUR PARKING LOT IS, IS 10 FEET [04:20:01] FROM THE REAR PROPERTY LINE. BUT YOU'RE ASKING FOR THE BUFFER TO BE COMPLETELY ELIMINATED. CAN YOU PROVIDE A 10 FOOT BUFFER THERE? WELL, THE, THE PRIMARY REASON IS BECAUSE SOME OF THE AREAS, IF YOU CAN LOOK AT THE SIDE PLAN, KIND OF GO A LITTLE CLOSER THAN THE FIVE FEET OR THE FOUR FEET. SOME, SOME, SOME AREAS. NOT ALL OF 'EM, JUST, JUST CERTAIN AREAS BASED ON THE SITE PLAN THAT WE HAVE HERE IN FRONT OF US. OKAY. UH, AND, AND THAT'S WHY WE WERE, UH, ASKING FOR THAT CONSIDERATION. AND, AND SO STAFF ON THE SITE PLAN, HE HAS A, THERE'S A 14.1 FOOT DIMENSION CIRCLED IN RED THAT'S LOCATED, UH, TO THE LEFT OF THE INSET. IS THERE A BUFFER APPLICABLE THERE THAT'S NOT CONSIDERED THE REAR? RIGHT. SO YOU'RE TALKING ABOUT THE THE SIDE, IT'S JUST THE REAR. YEAH. SO THE SIDE DOES NOT HAVE A BUFFER. IT'S ONLY THE REAR. NO, THEY ALL HAVE A BUFFER YARD REQUIREMENT, SIDE AND REAR SIDE AND REAR ALL 30 FEET. TH I'M SORRY, I DIDN'T WHAT DO YOU MEAN 30 FEET? 30 FOOT BUFFER? OH, YES. OR 25 FOOT BUFFER. I APOLOGIZE. 25. 25. I'M SORRY. OKAY. OKAY. OH, CONTINUE. I'M PLEASE START YOUR . OKAY. WELL I, I, I HAVEN'T BEEN ABLE OKAY. ABLE TO PRESENT MYSELF. SO I'M, I'M THE PASTOR OF THE CHURCH. OKAY. AND, UM, BASICALLY WHAT WE HAVE GOING ON HERE IS, UM, UH, WE'D BEEN CONSIDERING, UH, THE REZONE PROCESS, REZONING PROCESS, WHICH WOULD PROBABLY ELIMINATE, YOU KNOW, THE WHOLE BUFFER WOULD GIVE US PROBABLY ZERO, ZERO, UH, BUFFER. AND, YOU KNOW, WE, WE, WE WERE TOLD THAT THAT PROCESS MIGHT COST US ABOUT $10,000 AS A CHURCH. YOU KNOW, WE TRY TO BE GOOD STEWARDS OF, OF THE FUNDS THAT ARE COMING INTO THE CHURCH AND JUST, YOU KNOW, JUST TRY TO SAVE THAT AND THEN PUT IT TO A DIFFERENT USE FOR THE COMMUNITY. UM, WE'D, UH, UH, WE DECIDED TO COME BEFORE THE, THE HONORABLE BOARD OF ADJUSTMENTS AND, UH, PRESENT OUR CASE HERE AND, UH, YOU KNOW, SEE WHERE WE COULD GO FROM HERE, UH, TO TRY TO SAVE THAT. AND THEN THE PROCESS, UH, THE COMPLEXITY OF THAT OTHER PROCESS, UH, THE REZONING PROCESS. OKAY. ALRIGHT. SO, UM, THANK YOU. UH, SO WHAT, WHAT THE APPLICANT'S SAYING IS THAT IT, INSTEAD OF GO CHANGING THE ZONING TO R SIX OR THERE WOULDN'T BE A BUFFER, UM, HE'S ASKING IS, IS THIS MORE FINANCIALLY, UM, A IT TO HIS BENEFIT TO COME TO THIS BOARD FOR $600 INSTEAD OF $10,000 AND JUST ASK FOR WHAT HE WOULD GET IF HE DID HAVE THE ZONING CHANGED. SO, SO IS THERE ANY QUESTIONS FOR THE APPLICANT? MY ONLY QUESTION FOR STAFF MR. IS LIKE THE ZONING FOR A CHURCH. I THOUGHT CHURCHES COULD BE APPLIED TO ANY ZONING DISTRICT. THEY CAN GO IN ANY ZONING DISTRICT, HOWEVER, BECAUSE IT'S IOWA ONE, THEY HAVE THE BUFFER BECAUSE IT CAN BE, IF THEY SELL TOMORROW, THEY CAN'T HAVE AN INDUSTRIAL USE. USE IS NOT WITH THE VARIANCE. WE HAVE TO MAKE THE ASSUMPTION THAT EVEN THOUGH IT'S, IT MAY BE A CHURCH TODAY, THEY COULD MOVE OUT, SELL IT, AND THEN IT COULD BE USED AS AN INDUSTRIAL USE. AND BECAUSE OF THAT YOU WOULD STILL WANT A BUFFER IN THERE. SO WE APPLY THE BUFFER YARD. OKAY. LET ME, WHAT YOU'RE SAYING BASICALLY IS THAT THEY, AS A NEW OWNER COULD COME IN AND HAVE AN INDUSTRIAL DEAL AND IT ONLY BE THAT COULD AND THEN IF YOU ELIMINATED THE BUFFER, THEN CLOSE TO RESIDENTIAL. EXACTLY. WELL SEE IMPROVEMENTS WOULD'VE BEEN COMPLETED ALREADY. AND SO THEY JUST STEP INTO WHATEVER IS, IS THIS A PROPERTY THAT WAS A CONVERSION TO THE I ONE? I MEAN IT JUST SEEMS ODD THAT YOU HAVE I ONE NEXT TO R SIX ALL OVER THE PLACE OVER THERE. YES, IT PROBABLY DID. AND SO THERE WERE A LOT OF AREAS LIKE THIS IN THE CITY WHERE IT'S, UH, CURRENTLY, YOU KNOW, STR I RESIDENTIAL STRUCTURES IN I ONE, UM, A LOT OF THAT'S GONNA SLOWLY GO THROUGH LARGE AREA REZONINGS TO CORRECT THAT ISSUE. BUT YEAH, THAT, THAT'S LIKELY WHAT HAPPENED HERE. OKAY. MANNA COMMISSIONER MANNA. SO, SO I'M TRYING TO LOOK AT, UH, THE AERIAL VIEW AND TRYING TO FIGURE OUT WHAT PROPERTIES ARE BEHIND OR, UH, I GUESS NORTH OF THIS. AND IT LOOKS LIKE THERE'S A, IF I GET A BALLPARK AND THEN AM I ON THE RIGHT MAP HERE? SO YEAH, IT'S, IT'S THEN AND THEN ANOTHER CHURCH. AND THEN IT DOES LOOK LIKE THERE ARE MAY BE TWO RESIDENCES THAT MAY STILL EXIST. THERE IS THAT, IS THAT CORRECT? UH, AND WHAT, AND WHAT PROPERTY ARE YOU TALKING ABOUT? SO I GUESS IT'D BE IN THE OR MAY ONLY ONE PROPERTY 2 0 0 8 PYRON. SO RIGHT. IT LOOKS LIKE THERE'S SOME HOMES THERE, UM, ONTO THE NORTH THERE ALONG PYRON AND THEN ALSO DOWN ON MAYFIELD AT 8 39, 8 37, 8 35 AND ALSO AT 8 15, 8 11 AND 8 0 5. BUT THE, YEAH, ALL, ALL THOSE PROPERTIES TO ANSWER YOUR QUESTION, I'M [04:25:01] SORRY TO INTERRUPT HERE. YEAH. UH, YEAH, THEY'RE, THOSE ARE SIXES THAT YOU SEE UP AT, ON THE LEFT UP, UPPER LEFT. THEY'RE ALL HOMES UP UP IN THAT AREA, NORTH NORTHWEST AT THE SITE. BUT 2 0 0 8 IS THE ONLY ONE ABUTTING THE, UH, THE BACK CORNER OF THE, I GUESS, OF YOUR PROPERTY. RIGHT. RIGHT. SO IT'S A SINGLE RESIDENT THAT WE'RE TALKING ABOUT THAT I GUESS, 'CAUSE ALL THE REST OF 'EM ARE CHURCHES AND OR PARKS. YEAH. BUT THE, THE BUFFERS ARE ALL DONE BY ZONING. SO THE, THE ONLY PLACE HE DOESN'T HAVE THE BUFFER IS THAT ONE LITTLE CORNER AND THEN IT'S, AND AND THEY'VE ALSO SUBMITTED A PLAT, UH, TO MAKE IT ONE LOT. CORRECT? THAT'S CORRECT. CORRECT. UM, I BELIEVE, AND THAT'S ALREADY BEEN RECORDED. SO, YOU KNOW, IF THIS WERE TO SELL TO SOMEBODY AND THEY WANTED TO USE IT AS AN I ONE, THAT WHOLE BLOCK ON THE LEFT SIDE AS AN R SIX COULDN'T EVEN BE A PARKING LOT TO, TO SUPPORT THE BUSINESS BECAUSE YOU CAN'T PUT COMMERCIAL PARKING IN AN R SIX. CORRECT. SO THIS, THIS WOULD BE A VERY DIFFICULT THING TO SELL AND USE AS A, AS AN I ONE U. YEAH. . YEAH. YEAH. I JUST WANTED TO SAY, SAY SOME COMMISSIONER CRUZ. I, I'M, I'M REALLY STARTING TO SEE WHAT'S GOING ON HERE. COMMISSIONER CRUZ. OKAY. I'M STILL TOTALLY CONFUSED. SO WHY DO YOU NEED NO BUFFER ZONE? WELL, IF, IF YOU LOOK BACK AT THE, AT THE SITE PLAN, UM, WE HAVE, YOU KNOW, BASED ON THE LAYOUT, YOU KNOW, WE, WE HAVE SOME MAXES GOING TO THE BACK, UH, OF THE CHURCH, IF YOU COULD SEE RIGHT THERE. YEAH. LEMME SEE HERE. SO, SO THIS IS, UH, AN AXIS THAT WE HAVE TOWARDS THE BACK OF THE CHURCH. THIS IS, UH, BY THE WAY, THIS IS ALREADY A CHURCH. IT'S BEING USED AS A CHURCH. THIS IS THE ACTUAL SANCTUARY TODAY. IT'S GOTTEN A LITTLE SMALL FOR THE COMMUNITY. SO THAT'S WHY WE'RE BUILDING THIS NEW STRUCTURE HERE. UM, RIGHT NOW WE USE ALL THIS AREA FOR PARKING ALREADY AND YOU KNOW, WE'RE JUST TRYING TO FIND WAYS OF ACCESS TOWARDS THE BACK, UH, YOU KNOW, IN CASE OF EMERGENCIES OR JUST GOOD ACCESS TO THE BACK OF THE, OF THE, OF THE CHURCH OF THAT BIG BUILDING. AND SOME, SOME OF THE AREAS YOU COULD SEE HERE ARE CLOSER THAN OTHERS. HERE IT GOES REALLY THIN AND, AND THAT'S WHY. OKAY, BUT ISN'T THERE A RESIDENTIAL PROPERTY BEHIND YOU IN THAT AREA? THERE IS, BUT UH, ONE OF THE THINGS THAT I WANTED TO ALSO MENTION, I'M STILL TRYING TO UNDERSTAND WHY THIS WHOLE PROPERTY WAS CHANGED FROM ORIGINALLY R SIX, BECAUSE THESE WERE ALL HOMES BEFORE. THEY WERE ALL HOMES. UH, THIS ONE RECEIVED THE CERTIFICATE OF OCCUPANCY BACK IN 1992 TO BE USED AS A CHURCH, WHICH WE USE RIGHT NOW. UM, MAYBE, BUT THIS, THAT WAS ONLY THIS LOT RIGHT HERE BECAUSE THESE WERE JUST RECENTLY CHANGED. THESE WERE RECENTLY PLOTTED INTO A BIGGER PLOT. THIS USED TO BE ONE PROPERTY, 2, 3, 4, 5 PROPERTIES, AND THEY WERE ALL R SIXES BEFORE. SO, I MEAN, EVEN, EVEN ME RIGHT NOW, I'M STILL TRYING TO GRASP, YOU KNOW, HOW DID THEY CHANGE FROM THAT TO INDUSTRIAL? UM, BECAUSE IT'S ALWAYS BEEN RESIDENTIAL USAGE HERE. SO I, I'LL TRY TO ANSWER THAT. SO WHAT HAPPENED WAS IN 1965, UH, WHEN THE, OR 2001 WHEN THE, WHEN THE ZONING CODE CHANGED, THERE WAS A LOT, THERE WAS A LOT OF PEOPLE WHO WERE, UH, CONVERTED. THERE WAS A CONVERSION PROCESS THAT WENT IN. AND SO YOU STARTED SEEING POCKETS OF I ONE GOT IT RIGHT NEXT TO R SIX. BUT, BUT THAT DIDN'T MEAN THE HOUSE THAT WAS THERE WOULD HAVE TO BE REMOVED. RIGHT. UH, AND AND THE SAME ISSUE IS LIKE YOU'RE, YOU'RE HAVING TO MAKE THIS ONE LOT 'CAUSE YOU COULDN'T PUT PARKING ON THE R SIX UNLESS IT WAS PART OF YOUR LOT. GOT, YOU KNOW, 'CAUSE IT WOULD BE CONSIDERED A SEPARATE LOT AND THEN YOU COULDN'T HAVE COMMERCIAL PARKING IN THAT AREA. SO, YOU KNOW, YOU'RE DOING THE PLAT ALLOWS YOU TO HAVE THE PARKING ON THE R SIX, BUT UNLESS YOU CHANGE ALL OF THE ZONING, YOU STILL HAVE TO BUY BY THE, THE BUFFERS. YEAH. AND LIKE I SAID BEFORE, UH, WE WERE CONSIDERING THE REZONE CHAIN OR THE, THE REZONE PROCESS. IT'S EXPENSIVE. WHICH, WHICH WOULD PROBABLY, YOU KNOW, ELIMINATE THE ENTIRE BUFFER BECAUSE IT'D BE R SIX. UH, WE COULD BUILD THAT CHURCH IN, IN THAT TYPE OF, OF ZONE. BUT LIKE I SAID, YOU KNOW, TRYING TO SAVE THE, THE CONGREGATIONAL LITTLE MONEY ON THAT PROCESS AND UM, YEP. DO THIS INSTEAD. UH, AND, YOU KNOW, BRING IT TO YOUR CONSIDERATION. OF COURSE. RESPECTFULLY. SO IT'S WELL, I UNDERSTAND IS I KNOW THE AREA, SO, AND, AND BECAUSE THE RAILROAD TRACK IS ALSO THERE LESS THAN A HUNDRED FEET AWAY FROM YOU. SO I'M JUST TRYING TO FIGURE OUT IF IT WOULD BE WORTH THE EFFORT OF LEAVING THE WHOLE PROPERTY. I INDUSTRIAL. I THANK YOU. YEAH. SO IS THERE ANY OTHER QUESTIONS? [04:30:02] ALL RIGHT, THANK YOU VERY MUCH. I'LL ENTERTAIN A MOTION MANNA, UH, COMMISSIONER MANNA REGARDING CASE NUMBER BO A 2 2 1 0 3 0 0 2 6 7. I MOVED AT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR ONE A EIGHT FOOT SIX INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A SOLID SCREEN FENCE TO BE SIX FOOT SIX INCHES FROM THE FRONT CURB TO A 25 FOOT VARIANCE FROM THE 25 FOOT BUFFER AS DESCRIBED IN SECTION 35 5 10 TO ALLOW THE ELIMINATION OF THE REAR AND SIDE BUFFER SITUATED AT 8 1 7 WEST MAYFIELD. APPLICANT BEING ROBIN NOLTON. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE APPLICANT'S REQUESTING A VARIANCE TO THE CLEAR VISION REQUIREMENT FOR THE FENCE TO BE SIX FOOT SIX INCHES FROM THE CURB. THE REDUCED BUFFER WILL LEAVE ENOUGH ROOM BETWEEN PROPERTIES TO REDUCE NOISE. THERE'S A STILL SUFFICIENT SPACE BETWEEN THE CURB AND THE FENCE. AND SO IS NOT CONTRARY TO PUBLIC INTEREST. THE REQUESTED LANDSCAPE VARIANCE IS CONTRARY TO PUBLIC INTEREST AS THE BUFFER REDUCES OCCURRED NOISE AND LIGHT TO SURROUNDING HOUSES. HMM. OKAY. CONTRARY, UH, TWO, DUE TO SPECIAL CONDITIONS FOR LIBERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT, UH, OF THE ORDINANCE WOULD RESULT IN FENCE NEEDING TO COMPLY WITH THE 15 FOOT CLEAR VISION REQUIREMENT. DEFENSE APPEARS TO HAVE BEEN THERE FOR YEARS AND ENFORCING THE ORDINANCE WOULD REQUIRE THE APPLICANT TO DEMOLISH AND REBUILD THE FENCE. THE FULL LANDSCAPE BUFFER WOULD REDUCE PARKING AND DRIVEWAY AREA PROPOSED WITHOUT THE VARIANCE. THE APPLICATION WOULD NEED TO COMPLY WITH THE BUFFER REQUIREMENT. THIS WOULD NOT RESULT IN A NECESSARY HARDSHIP AS A LOT APPEARS TO BE, UM, LARGE ENOUGH TO HAVE A BUFFER. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE DEFINED AS THE INTENT OF THE CODE, RATHER THAN EXACT LETTER OF THE LAW, A SIX FOOT, SIX INCH CLEAR VISION VARIANCE OF THE FENCE ALIGNS WITH THE NEIGHBORING HOUSES AND ALLOWS ADEQUATE FRONT SPACING. AND SO APPEARS TO OBSERVE THE SPIRIT OF THE ORDINANCE. THE REDUCED LANDSCAPE BUFFER WILL OBSERVE THE SPEAR OF THE ORDINANCE AS IT WILL LEAVE SPACE BETWEEN PROPERTIES. REDUCING THE LANDSCAPE BUFFER REQUIREMENT, UH, WILL NOT OBSERVE THE SPIRIT OF THE ORDINANCE AND WILL ADVERSELY AFFECT SURROUNDING PROPERTIES IN IMMEDIATE AREA. UH, FOUR, THE VARIANCE WILL NOT AUTHORIZE. UH, SO, OKAY, SO THIS IS WRITTEN A LITTLE BIT DIFFERENTLY THAN WE HAVE HAD IN THE PAST. AND SO, UM, OKAY. UM, YEAH, SO I'M HAVING PROBLEMS WITH THIS. I'M SORRY. SO, SO NORMALLY THIS IS WRITTEN ALL IN AFFIRMATIVE. AND SO IT'S BEING READ AS IF, UH, THE LANDSCAPE BUFFER IS WRITTEN AS PART OF THE REQUIREMENT. SO IT'S ALMOST WRITTEN AS THE SUGGESTION MOTION. UM, LET'S SEE. SO I STRIKE THE SENTENCE. REDUCING LANDSCAPE BUFFER REQUIREMENTS, UH, WILL NOT OBSERVE THE SPIRIT AND DO THE SAME FOR ALL THE PREVIOUS MENTIONS OF NOT OBSERVING THE SPIRIT OF THE ORDINANCE. UM, AND I'LL TRY TO CATCH IT AS I READ THE REST OF IT. FOUR. THE VARIANCE WILL NOT AUTHORIZED THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED. NO OTHER USES IN 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 ESSENTIAL CHARACTER OF THIS DISTRICT IN WHICH THE PROPERTY IS LOCATED. A SIX FOOT, SIX INCH CLEAR VISION VARIANCE IS FITTING WITH THE CHARACTER OF THE NEIGHBORHOOD AS THERE ARE OTHER FENCES OBSERVED THIS AREA WITH SIMILAR FENCE LOCATION. UM, THE REDUCED SETBACK WILL KEEP IN CHARACTER OF THE NEIGHBORHOOD AS NO INDUSTRIAL USES EXIST IN THE AREA. UH, I'M SORRY, I DID. YEAH. AND THEN SIX, THE PLIGHT TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCES SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY IN UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, ARE NOT REALLY FINANCIAL, NOT DUE TO A RESULT OF GENERAL CONDITIONS. UH, IN THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED, STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCES ARE SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE LOCATION OF THE PROPERTY. UH, THE REQUESTED CLEAR VISION VARIANCE WILL EASE THE HARDSHIP BY ALLOWING THE FENCE TO REMAIN THE SAME AND THE LANDSCAPE EFFORT TO BE REDUCED. AND THE MOTION IS THERE A SECOND, SECOND, SECOND BY COMMISSIONER CRUZ. COMMISSIONER MADDA. SO I, I READ THIS, UM, BASICALLY, UM, THE INTENT WAS TO, UH, WRITE IT AS, UH, REQUESTED BY THE APPLICANT. AND I'M WILLING TO TAKE A FRIENDLY AMENDMENT IF THERE'S ANYBODY WITH REGARDS TO, UH, THE, UM, THE 25 FOOT VARIANCE FROM THE 20 FOOT, 25 FOOT BUFFER IF WE THINK THERE NEEDS TO BE A BUFFER IN THERE AT ALL. BUT I THINK THAT WOULD BE DIFFICULT [04:35:01] PER WHAT THE, UH, APPLICANT STATED. SO, SO THEREFORE I READ IT, UM, AS THEY REQUESTED. OKAY. COMMISSIONER CRUZ. UM, I CONCUR. ALL RIGHT. ANYONE ELSE LIKE TO ADD? HEARING NONE THIS EVER 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 CONCUR WAS THE FINEST OF FACT. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA. I CONCUR. CHAIR ORIAN. I CONCUR THE FINDINGS OF FACT. MOTION PASSES. UM, CONGRATULATIONS. UH, [ Approval of Minutes  ] NEXT IS THE MINUTES. I HAD SOME, UH, REVISIONS THAT STAFF HAS ALREADY MADE. AND ANYONE ELSE HAVE ANY AMENDMENTS? MY NAME HAS TWO ENDS IN IT. I FIXED THAT. OKAY. I ACTUALLY CAUGHT THAT . OKAY. THAT WAS THE ONLY THING I FOUND, HONESTLY. OKAY, . UM, SO WITH THAT, WE'LL, UM, LOOKING FOR A MOTION MOVE TO APPROVE, UH, A MOTION BY COMMISSIONER MANAGER. SECOND. SECOND. SECOND BY COMMISSIONER BRAGMAN. ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? HEARING NONE. MOTION PASSES UNANIMOUSLY. [ Director’s Report  ] NEXT IS DIRECTOR'S REPORT. NOTHING TO REPORT. OKAY. SO, UM, I WON'T BE HERE AT THE NEXT MEETING, MR. POINT OF ORDER. YES. UH, YOU CONDUCT A MEETING VERY GOOD. AND THIS AND THAT. AND, UM, I WANNA ANNOUNCE THAT, UH, DONALD, UH, SAID HE WILL BE A VIRTUAL. SO HE WON'T BE ABSENT. . NO, NO. NOT THE NEXT, THE NEXT ONE. I WILL NOT BE HERE. VIRTUAL, WE'LL BE HERE AT ALL. I WON'T DO VIRTUAL OR ANYTHING. I COMPLETELY WON'T BE HERE. I'LL BE, I'LL BE ON DRUGS. UH, BUT, UH, IF YOU, IF YOU TAKE TWO WEEKS, THEN YOU TAKE YEAH. BUT, BUT AFTER THAT I'LL, I'LL DO VIRTUAL ONE AND THEN I'LL, I'LL BE USED TO MY ROLLER AND THEN I'LL BE OKAY. BUT, UM, BUT COMMISSIONER ZUNE WILL TAKE OVER. NOW WE, WE'RE GONNA BE GETTING A LOT OF THESE APPEALS, SO, UH, STAFF COULD PLEASE REACH OUT TO SOME OF THESE ALTERNATES AND TRY TO GET 11 HERE. THAT'D BE GREAT. . SO YOU'RE TALKING ABOUT THE APPEALS TO THE, UM, UH, SHORT-TERM RENTALS SDR. CORRECT. SO ARE WE GONNA BE ABLE TO COMBINE THOSE INTO A SINGLE MEETING, PLEASE? WELL, THEY ARE ON THE NEXT AGENDA. WE HEARD INDIVIDUALLY, WE HAVE THREE ON THE NEXT AGENDA ITEM. SO CAN WE GET 'EM SO THAT THERE'S 15 OR 30 ON THE, YOU KNOW, ON AN AGENDA? AND CAN WE HEAR THOSE IN CONSENT? YEAH, THAT'S, THAT'S A WE, I KIND OF GOING IS, YOU KNOW, SO TO COMBINE 'EM ALL SO THAT WE AREN'T REALLY GOING THROUGH ALL OF THEM, IS THAT POSSIBLE? WE, WE HAVE EXPLORED OPTIONS FOR, UM, CONSENT, BUT WE HAVE BEEN ADVISED AGAINST IT. SO UNFORTUNATELY WE'LL HAVE TO CONSIDER 'EM ONE BY ONE. BUT HOPEFULLY, UM, YOU GUYS TEND TO TAKE CARE OF, HANDLE THOSE VERY QUICKLY ANYWAY, THE SHORT TERM RENTAL STUFF. SO AS LONG AS YOU HAVE THE INFORMATION YOU NEED, I THINK YOU SHOULD BE ABLE TO PROCEED FAIRLY QUICKLY. OKAY. AND I WOULDN'T, I WOULD LIKE TO TAKE THIS OPPORTUNITY TO, TO ASK ANY COMMISSIONERS. I KNOW THAT WE CONSTANTLY ASK FOR, UH, PERMITTING STATUS. UH, WE ALWAYS ASK IF THERE'S GUTTERS INVOLVED, IF IT'S A CARPORT OR SOMETHING. UM, IS THERE, IS THERE ANYTHING Y'ALL WOULD JUST WANNA MAKE SURE THEY MAKE PART OF THEIR PRESENTATION TO KIND OF HELP STREAMLINE SOME OF THIS STUFF? OTHER THAN THAT? SPECIFICALLY SHORT-TERM RENTALS OR WHATEVER? I MEAN, I'M, I'M, I'M, OH, I'M THINKING THAT, UH, I MEAN, STAFF HAS GOTTEN BETTER MENTIONING PERMITTING. I KNOW I'VE, WE HAVEN'T ASKED EVERY TIME. UH, BUT I THINK IT'D BE GREAT IF WE COULD, IF WE COULD REALLY GET, UH, LIKE SOME, THE SITE PLANS TODAY LOOKED ALL RIGHT, YOU KNOW, BUT, UH, SOMETIMES WE GET SOME THAT LOOK REALLY WEAK. I MEAN, I KNOW, KNOW, THAT'S, YOU GOTTA TRAIN THE APPLICANT TO DO THAT, BUT, BUT, UH, WE'RE JUST ANYTHING TO HELP MOVE HIM THROUGH. I DO. I HAVE A RECOMMENDATION. YES. COMMISSIONER MINCHA, UH, ONE OF THE THINGS THAT WE DO WHEN WE COME, BEFORE WE COME HERE, WE REVIEW THE CASES AND THEN WE HAVE TO GO SEARCH FOR THESE LINKS. LIKE I ASKED YOU FOR THE 12 FEET AND YOU CAME UP WITH 15 FEET. WELL, I FOUND A 12 FOOT WIDTH OF THAT, UH, YESTERDAY. UH, OR YEAH, YESTERDAY. AND I WANTED TO, ONE, I'M BEGINNING TO WONDER, AM I IN CONFLICT WITH FINDING THE WRONG THING? AND COULD WE PROVIDE LIKE, LINKS AND SHOW IT TO US SO WE CAN REMEMBER THAT UNIQUE SPECS THAT SAYS THIS IS 15 FEET, IT'S A VERSE TO 12 FEET THAT YOU CAN DISPLAY THAT AND WE DON'T HAVE TO KEEP GOING AROUND. WHAT DO YOU MEAN? WHAT DO YOU MEAN? RIGHT. AND THOSE ARE MORE SPECIFIC TO LIKE NCDS, NCDS HAVE TIGHTER OR, OR SOMETIME, YOU KNOW, THEY HAVE MORE STRINGENT REQUIREMENTS AS FAR AS SETBACKS GO OR DRIVEWAYS AND ALL OF THAT. SO IF WE KNOW IT'S AN N C D, WE'RE HAPPY TO, TO, UH, GIVE YOU A LINK TO THAT N C D SO YOU CAN TAKE A LOOK AT IT. SURE. OKAY. 'CAUSE I DON'T WANNA BLURT OUT THINGS AND THEN, UH, YOU KNOW, WHERE DID YOU GET YOUR INFORMATION? WELL, THERE'S [04:40:01] ONLY ONE PLACE I'M GETTING IT FROM. YEAH, THAT'S THE, THAT'S THE PROBLEM WITH THE CODE, RIGHT? IS WE HAVE SO MANY SOURCES OF INFORMATION AND SO YOU HAVE TO KNOW WHERE TO GRAB IT. MM-HMM. . MM-HMM. . WELL THEN ACCEPT MY APOLOGY WHEN I'M WRONG. I'M SORRY, . NO, NO WORRIES. , YOU WERE, YOU WERE RIGHT. PERTAINING TO SOMETHING ELSE. . SO ONE THING WE USED TO DO, UM, IS WE WOULD PASS A FOLDER OF BASICALLY THE WHOLE PACKET OF ALL OF THE CITIZEN RESPONSES. AND WE WOULD TRY TO READ 'EM ON THE FLY, BUT WE GOT TO SEE THEM AND TAKE OUR TIME READING THEM KIND OF IN THE BACKGROUND. AND WHAT I WAS WONDERING IS, AS IT IS THAT WE'VE DONE THE PRESENTATIONS, COULD WE CREATE A LINK TO WHERE IT IS THAT WE HAVE THE GROWING NUMBER OF, OF, OF, UH, RESPONSES SO WE CAN GO BACK AND TAKE A LOOK AT THOSE BEFORE WE GET TO THE MEETING RATHER THAN READ 'EM ON THE FLY? YEAH, WE COULD DO THAT. UM, ONE THING WE HAVE TO WORK ON, 'CAUSE OUR DEADLINE IS 10 O'CLOCK AND USUALLY ONCE 10 O'CLOCK HITS IT, THE WHOLE TEAM'S KIND OF GETTING READY FOR THE MEETING. BUT WE'LL TRY TO PROVIDE A LINK WHERE WE CAN THROW 'EM IN THERE RIGHT AT 10 O'CLOCK, UM, AND THEN SEND 'EM TO Y'ALL. WE'LL WORK ON THAT. AND, AND I THINK, YOU KNOW, I'M, I'M OKAY WITH, WITH IT BEING ADDED. SO IN OTHER WORDS, WHEN YOU START GETTING THEM POST 'EM INTO THE SPACE AND THEN YOU CAN SAY, IT'S BEEN UPDATED AT THIS TIME, UPDATED THIS TIME. SO THAT WAY WE CAN GO BACK AND TAKE A LOOK AND YOU, YOU KNOW, IF YOU PUT WHAT TIME IT WAS UPDATED AND, OR, OR, YOU KNOW, LET ME SCROLL THROUGH IT. I THINK THAT YOU GET MAJORITY OF IT BEFOREHAND AND THEN YOU HAVE THE, THE STRAGGLERS AT THE END. BUT AT LEAST IT'LL ALLOW ME TO TAKE A LOOK AT SOME OF THOSE, YOU KNOW, AS THEY, AS THEY COME UP SOONER THAN LATER. YES, SIR. WE UNDERSTAND. WE'LL GET IT. ALL RIGHT. AWESOME. WELL, THANK YOU MR. CHAIRMAN. GOOD IDEA. I I JUST LET ME, UH, I'LL BE RELAXING IN TWO WEEKS. . LET, LET ME MAKE A COMMENT. WELL, THANK YOU AND APOLOGIZE IF I OFFEND ANY OF YOU ON THIS, BUT, UH, WAY BACK, EVEN WHEN, UH, RON SANCHEZ WAS HERE, WAS NOT UP THERE, UH, THEY USED TO BE HERE, SOME BOARD MEMBERS AND SOME BOARDS YOU SEE LIKE HERE WHERE THE NON-JURISDICTIONAL BLAH, BLAH, BLAH. AND AFTER THIS, THE PEOPLE THAT OPPOSE OR COMES HERE, WHAT HAPPENS WHEN THEY GET THEIR DECISIONS THEY CAN DO THEIR NEXT STEP IS NOT TO CITY CONS OR THIS AND THAT. THOSE SOME DO GO, BUT THE THING IS THAT THEY HAVE TO GO TO COURT AND I THINK WHAT, EVERY WEEK OR WHATEVER, THERE'S A COURT DOWN HERE FOR, BUT I MEAN, THE THING IS, IS THAT WHEN, THE MAIN THING IS WHEN, WHEN YOU'RE MAKING A VOTE HERE, YOU KNOW, YOU CAN'T FLIP FLOP, YOU KNOW WHAT I MEAN? AND, AND YOU CAN'T SAY I PASS OR I DON'T KNOW, ET CETERA OF WHAT YOU'RE DOING. BECAUSE RON USED TO SAY, THAT'S AN INDICTMENT ON THE BOARD, YOU SEE? AND, AND RON WOULD STAY AWAY FROM THE BOARD. BUT THAT'S AN INDICTMENT OF THE BOARD OF THE WAY, HOW WE PERFORM OUR DUTIES, YOU KNOW, AND LAUGHING, SMILING AND YOU KNOW, AND I HAD A COMMENT ALL AT TIMES AND I PUT IT, YOU KNOW, WHAT ARE WE TALKING ABOUT THE PRICE OF RISING CHINA? YOU KNOW WHAT I MEAN? WE ARE HERE. SO I GOT CAUGHT ON THAT AND THEN MICHAEL CAME AND THE SAME THING HAS HAPPENED, YOU KNOW, SO, UH, NOW WE'RE ON WHATEVER VIRTUAL OR TV OR WHATEVER. SO THE THING IS, IS THAT I WOULD SUGGEST, YOU KNOW, BECAUSE THAT'S AN INDICTMENT ON THE BOARD WHEN WE FLIP FLOP AND YOU HAVE PROPERTY OWNERS, SO, UH, THE ATTORNEYS, YOU KNOW, ET CETERA, HERE, THEY, WHAT THE HELL'S GOING ON? AND WELL, I DON'T KNOW. AND THIS AND THAT. AND SO THE THING IS THIS THAT BE TRUTHFUL ON A, IF YOU CAN'T VOTE FOR THAT ONE, I MEAN YOU, YOU, YOU, YOU DON'T HAVE TO PASS. YOU JUST HAVE EXCUSE YOURSELF FROM VOTING, YOU KNOW? AND SO, LIKE WHAT I'M SAYING IS, YOU KNOW, THIS IS A BOARD, WHICH GOVERNMENTS, OTHERS ARE ADVISORY BOARDS. AND, AND WELL, BUT I MEAN, STILL WHAT I'M TALKING ABOUT THIS ONE AND WHAT IS IT? THE B B S B AND B O A ARE THE TWO, ET CETERA. AND I SIT ON BOTH OF 'EM. AND WE HAVE AN, AN ATTORNEY OVER THERE THAT, UH, ERIC, NO, ERIC, THAT HE'S, HE GETS ON TOP OF AND, AND, AND HE, YOU KNOW, I MEAN, STOPS A LOT OF , BUT ERIC AS HELL, YOU KNOW WHAT I MEAN? AT LEAST WE HAVE A NICE ONE HERE. THANK YOU. THANK YOU, COMMISSIONER. SO THE THING IS, THANK YOU VERY MUCH AND LET'S, LET'S GO HOME TO OUR KIDS AND I, I'M AJOUR I'M GOING TO THE ICE BEFORE IT TURNS SIX O'CLOCK, IT'S 5 59. * 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.