* 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. I GUESS FOR [00:00:01] THE INTEREST OF TIME, COULD WE MOVE FORWARD WITH JUST THE INTRODUCTIONS AND, OKAY. UH, DO WE START WITH A SPANISH INTERPRETER OR GOOD AFTERNOON. THIS IS GABRIELA TONO SPANISH INTERPRETER. THANK YOU. YOU'RE WELCOME. YOU'RE WELCOME. MR. SPIELMAN. PRESENT. MR. MENCHACA? PRESENT. MS. LYNN? PRESENT. MS. CRUZ? PRESENT. MR. ZUNIGA? MR. MANNA? PRESENT? PRESENT. MS. KAPLAN? PRESENT. MR. VASQUEZ? PRESENT. MS. BRAGMAN PRESENT. CHERYL SUNA PRESENT. QUORUM IS PRESENT. QUORUM IS PRESENT. THANK YOU. UH, PLEASE STAND AND JOIN US FOR THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES PLEDGE OF ALLEGIANCE, THE UNITED STATES OF AMERICA TO HONOR FOR WHICH IT STANDS, ONE NATION REGARD WITH LIBERTY JUSTICE LAW, THE TEXAS, TEXAS FLAG, THE PLEASURE, ALLEGIANCE TO THE TEXAS, TEXAS, ONE STATE UNDER GOD, ONE AND INDIVISIBLE. OKAY. BEFORE WE PROCEED [ Briefing and Possible Action on the following items  ] WITH TODAY'S CASES, I WOULD LIKE TO OFFER A FEW WORDS OF EXPLANATION. THE BOARD FOLLOWS AN AGENDA, WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY NUMBER WITH NAME AND, AND THE APPLICANT AND STREET ADDRESSES. FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY THE DIRECTOR'S REPORT. LASTLY, AS CHAIR, I'LL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS. I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS A CHAIR AND I'LL READ THEM AS THE APPROPRIATE TIME TO THE MEETING. THE BOARD'S ROLES AND RESPONSIBILITIES, WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL. THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE, 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 RELEASE SOUGHT AND DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED AS CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND, AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN 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 APP APPELL APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATORY WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 THROUGH FIVE. IN ADDITION, WE HAVE THE POWER TO HEAR CASES IN ANY OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF TEXAS GOVERNMENT CODE. EVERY DECISION OF THE COMMEND RECOMMENDATION TO THE BOARD MUST BE BASED UPON THE FINDINGS OF FACT THAT EVERY FINDINGS OF FACT MUST BE SUPPORTED IN THE RECORDING OF THE BOARD'S PROCEEDINGS. THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY WILL BE, UH, QUESTIONED BY THE MEMBERS OF THE BOARD. ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER AFTER EVERYONE HAS BEEN HEARD IN THE CASE, IT'LL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION. IN ORDER FOR A MOTION TO CARRY. IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESIDENT OR NOT, WHICH IS NINE VOTES. THE BURDEN OF THE PROOF IN GRANTING THE RELIEF THOUGHT RESTS WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL SPECIAL EXCEPTION OF VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT OF LAW. BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S DECISION REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. PLEASE LIMIT YOUR PRESENTATION REMARKS, THE PERTINENT FACTS OF YOUR CASE. AT THIS TIME, I'LL JUST MAKE SURE THAT WE HAVE, UH, APPLICANTS [00:05:01] FOR EACH PRE, UH, CASE ARE PRESENT. UH, SO SO WE HAVE, UH, CASE ONE NINE. SO WE HAVE THE ADDRESS. MY OKAY. YEAH, I'LL GIVE YOU THE ADDRESS. THIS IS 13 9 85 FM 1560. SO, OKAY. WE'LL PROBABLY MOVE THAT TO THE BACK. 2 57 LAVERA BOULEVARD. SEE APPLICANT HERE FOR THAT. OKAY, THANK YOU. 51 43 THROUGH 51 63 NORTH TRAILS DRIVE WITH THE APPLICANT FOR THAT. THANK YOU. 1826 BARRETT PALMS RIGHT HERE. THANK YOU. AND THIS ONE'S, UH, ONE 19 CHICO ALLEY PRESENT, 1 26 WTA STREET. GOOD, THANK YOU. 221 26 OAK RANCH AND, UH, 2 45 WEST FEST. OKAY, THANK YOU. OKAY, SO, UM, AT THIS POINT, I THINK ON, UH, CASE NUMBER ONE, NINE, THE APPLICANT IS NOT HERE. SO, WE'LL, I'M, I'M HERE. SORRY. OH, OKAY. NO WORRIES THEN. OKAY. UH, STAFF WILL, WE WILL MAKE A BRIEF PRESENTATION AND THEN WE BEGIN WITH THE PRESENTATION OF CASES. GOOD AFTERNOON. UM, BEFORE WE BEGIN, IF YOU CAN SILENCE OR TURN OFF YOUR CELL PHONES, STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUESTS. PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR A VARIANCE OR SPECIAL EXEMPTION AND A PROPERTY WITHIN 200 FEET OF THE SUBJECT. PROPERTY CHECK MARKS INDICATE THOSE PROPERTY OWNERS IN FAVOR AND REQUEST OF THE REQUESTS AND X INDICATE THOSE PROPERTY OWNERS THAT ARE IN OPPOSITION. FOLLOWING THIS PRESENTATION AND ANY OTHER QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST. FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE OR SPECIAL EXEMPTION, YOU'LL BE CALLED IN ORDER THAT YOU SIGN UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE A MAXIMUM TIME LIMITATION. FOR THOSE THAT WOULD LIKE TO GIVE THEIR TIME TO A SPEAKER, THAT SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVING UP THEIR TIME FOR A TOTAL OF NINE MINUTES. THOSE GIVEN UP THEIR TIME MUST BE PRESENT AND SIGNED UP TO SPEAK. THE APPLICANT WILL THEN BE GIVEN 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, AT THIS TIME, STAFF WILL BEGIN THE PRESENTATION OF THE CASES. YES, SIR. AND BEFORE WE DO THAT, WE'D JUST LIKE TO REMIND EVERYONE YOU NEED TO SPEAK CLEARLY INTO THE MICROPHONE WHERE WE CAN HEAR YOU. THANK YOU. ITEM NUMBER, ITEM NUMBER ONE, BO O A DASH 22 DASH 1 0 3 0 2 4 0. ADDRESS BEING 9 9 5 SOUTHWEST 36TH STREET IN CITY COUNCIL. DISTRICT NUMBER 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 INCH SIDE BUFFER NEXT TO A RESIDENTIAL LOT TO 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. THREE A SEVEN FOOT, FOUR INCH VARIANCE FROM THE REQUIRED 10 FOOT BUFFER TO ALLOW A TWO FOOT EIGHT INCH SIDE BUFFER ALONG A COLLECTOR. AND FOUR, A 20 FOOT VARIANCE FROM THE REQUIRED 30 FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO HAVE A 10 FOOT SIDE SETBACK. THE CURRENT ZONING IS C THREE. THE APPLICANT IS REQUESTING A LANDSCAPE BUFFER VARIANCE FOR THEIR PROPERTY TO REDUCE THE LANDSCAPE NEXT TO A RESIDENTIAL LOT MINOR ARTERIAL ROAD AND A 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, AND SETBACKS OF THAT, OF WHICH IS BEING REQUESTED. AND HERE'S THE SITE PLAN, THE SUBJECT PROPERTY, 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 0 3 0 0 2 4 0 BASED ON THE FOLLOWING. 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 THIS IS THE NOTIFICATION PLAN. STAFF MAIL 12 NOTICES ZERO IN FAVOR, ZERO IN OPPOSITION. AND LOS CARDENAS AND WESTWOOD SQUARE HOMEOWNERS ASSOCIATION ARE OPPOSED. AND THIS, THIS IS THE EMAIL FROM BOTH OF THE NEIGHBORHOOD ASSOCIATIONS AND THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. THANK YOU. THANK YOU. AT THIS TIME, I'D ASK THE APPLICANT TO COME FORWARD AND, UH, PRESENT YOUR PRESENTATION. [00:10:01] ONE THING I'D LIKE TO POINT ALSO IS THAT WE HAVE NINE MEMBERS HERE ON, ON THE BOARD. AND, AND SO IT, BASED ON THE RULES I READ EARLIER, TAKE OCCURRENCE OF THE NINE MEMBERS, UH, TYPICALLY WE'RE FULLY EMPANELED WITH, UH, 11 MEMBERS. SO, UM, AS A COURTESY I WOULD KIND OF SEE WHERE THE FLOW OF THE, OF THE PRESENTATION GOES. AND SO, SO WHAT DOES THAT MEAN? UH, THE VOTE WON'T BE ABLE TO HAPPEN AS IT SHOULD TODAY? NO, WE WOULD, BUT WE WOULD, IT WOULD TAKE A HUNDRED PERCENT. IT WOULD TAKE ALL NINE MEMBERS OF THE BOARD IN PANEL TODAY TO VOTE IN CONCURRENCE FOR THE VARIANCE TO PASS. MM-HMM. . OKAY. SO I GUESS DO, DO I HAVE THE OPPORTUNITY TO ASK FOR A CONTINUANCE AS, AS A COURTESY, I WOULD ASK THAT, BUT WE HAVE RECOMMENDATION OF STAFF FOR APPROVAL AND I WOULD LIKE TO AT LEAST MOVE FORWARD WITH THE PRESENTATION AND JUST SEE WHERE THE, UH, THE BOARD FEELS THE WAY IT'S GOING. AND I WOULD OFFER THAT OPPORTUNITY FOR YOU IF OKAY. A CONTINUANCE OF ALVIN PETERS AND THE APPLICANT ADDRESS IS 1 0 1 6 STATE HIGHWAY 46 EAST BURNEY, TEXAS. UM, THE LOT IN QUESTION NINE. NINE FIVE, UH, LET ME, HOLD ON ONE SECOND. SOUTHWEST 36TH STREET, UH, A VERY SMALL COMMERCIAL LOT. UH, C THREE NA IS A ZONING. THE OWNER LOOKS TO DEVELOP IT. IT WAS TOUGH. UM, REDUCING BUFFERS, SETBACKS ON MOST OF THE SIDES, UH, FOUR SIDES OF, OF THE LOT. UH, IN ORDER TO END UP WITH A 2,400 SQUARE FOOT STRUCTURE ON A, UH, A, A SMALL LOT, I, I GOTTA READ THAT. 8,000 SQUARE FOOT LOT, SIX PARKING SPACES, A DUMPSTER PAD, UM, NEW ENTRY APRON. UH, IT'S A SINGLE STORY STRUCTURE WITH FOUR LEASE SPACES IN IT, THOUGH THE BUFFERS ARE REDUCED. UM, YOU KNOW, THE INTENT IS TO PLANT THEM AS, AS, UH, LANDSCAPE ORDINANCE REQUIRES AS BEST WE CAN. MOST LIKELY IT'LL BE WITH THE OVERHEAD ELECTRICAL, UH, THE MINIMUM SIDE YARDS. IT CAN BE SMALLER SPECIES, TREES AND, AND, UH, A MIX OF GROUND COVER AND, UM, AND OR ESCAPING. UM, I THINK LAST TIME I WAS HERE ON THE 23RD OF JANUARY, YOU FOLKS REQUESTED I MEET, I REACH OUT TO, UH, CITY COUNCILMEN. AND SO I DID REACH OUT TO THE TWO DISTRICTS, UH, FIVE AND SIX, I THINK ORLANDO, UH, THAT'S ONE OF THE STAFF MEMBERS, UH, I THINK IT'S RAMIREZ TALKED AT LENGTH AND HE, HE, HE WAS HELPFUL IN REACHING OUT TO, UH, ERIC ESTRADA WITH LOS ENA, IF I'M PRONOUNCING IT CORRECTLY. AND THEN I ALSO TALKED TO, JUST THIS MORNING TO DEREK AND I'M, I'M GONNA BUTCHER THE LAST NAME, BUT IT'S A POLISH LAST NAME. ONE OF THE STAFF ALSO AT DISTRICT FIVE ABOUT REACHING OUT TO MS. PENA WITH THE, UM, OTHER NEIGHBORHOOD ASSOCIATION. I BELIEVE IT'S WEST SIDE, UH, WESTWOOD SQUARE NEIGHBORHOOD ASSOCIATION. AND THEY WERE BOTH HELPFULLY, UH, HELPFUL, GOT 'EM ALL THE CASES, ALL THE HISTORY OF THE CASE. AND UH, UM, THANKFULLY, UH, THE TWO OPPOSING PRESIDENTS OF THE TWO NEIGHBORHOODS ASSOCIATIONS CALLED ME IMMEDIATELY AFTERWARDS. SO I HAD A DISCUSSION WITH MR. ESTRADA AND MS. PENA, BOTH, WE WENT OVER THEIR OBJECTIONS AND, UH, I DON'T BELIEVE RA IS HERE UNLESS I HAVEN'T SEEN HIM. AND I BELIEVE MS. PENA HERE. AND, AND IF YOU WANT HER TO PRESENT HER OBJECTIONS, MAYBE NOW WOULD BE A GOOD TIME. I DIDN'T KNOW IF THERE WERE ANY OTHER QUESTIONS FROM YOU FOLKS. WELL, LET'S FIND OUT. UH, WE HAVE ONE SPEAKER SIGNED UP, MR. PENA. GOOD AFTERNOON. MY NAME'S VELMA PENA. I'M AT RESIGN AT 1208 PATTON BOULEVARD. UH, AND I'M HERE TODAY, UH, BECAUSE WE DID OPPOSE THE CASE, UH, 'CAUSE THERE WAS A LOT OF MISCOMMUNICATION IN THE VERY BEGINNING GETTING, UH, UM, TO KNOW WHO THE OWNER WAS, WHO THE APPLICANT WAS. SO I REACHED OUT TO THE CASE MANAGER. I DIDN'T RECEIVE ANYTHING BACK FROM HIM UNTIL FINALLY I WAS ABLE TO GET, UM, A PHONE NUMBER AND, OR AN EMAIL, NO, IT WAS A PHONE NUMBER. AND I THINK I REACHED OUT TO MR. ALVIN, UH, PETERS OR PETER ALVIN, I'M SORRY. MM-HMM. . SO WE HAD A DISCUSSION AND WE DID MEET, UH, WITH MYSELF AND MR. ESTRADA, UM, AND MY VICE PRESIDENT AS WELL ON THE 4TH OF JANUARY. BUT WE JUST MET WITH MR. ALVIN. I KNOW THAT HE IS THE APPLICANT, BUT WE WANTED TO MEET WITH THE OWNER AND EVERYONE ELSE THAT WAS INVOLVED IN THIS CASE BECAUSE HE DID SHOW US THE DRAFT, WHAT YOU HAVE HERE. SO [00:15:01] THERE WAS JUST A, A LOT OF DISCUSSION. LIKE HE WAS THERE TO SHOW US THAT. AND THAT'S HIS JOB, YOU KNOW, BUT WE WANTED TO KNOW FROM THE OWNER, BECAUSE THE OWNER AT THE END OF THE DAY, THAT'S WHO WE HAVE TO DEAL WITH AND NOT THE APPLICANT ONCE ALL THIS GOES THROUGH. AND SO I DID HAVE THE OPPORTUNITY, WE DIDN'T GET AN OPPORTUNITY TO MEET WITH THE, UH, PROPERTY OWNER. UH, BUT I DID SPEAK TO HIM ON THE PHONE. AND SO HE WAS, IT SOUNDED LIKE HE WAS INDECISIVE IN A LOT OF THINGS, WHETHER IT WAS GONNA BE FOUR, UM, UNITS, I CALL 'EM UNITS, UH, BUSINESS LITTLE OFFICES OR THREE. AND THEN HE ALSO MENTIONED ABOUT, UM, THE VIA, UM, BUS, UH, STOP THAT IT WAS GONNA BE MOVED. UH, AND SO WE WERE WONDERING, YOU KNOW, OKAY, IS THAT GONNA BE MOVED? WHERE IS IT GONNA BE MOVED TO WHERE THE, YOU KNOW, NOT WE SEE WHERE THE ENTRANCES ARE GONNA BE. UH, BUT WE WERE JUST CONCERNED BECAUSE HE, I WAS CONCERNED BECAUSE AFTER TALKING TO HIM I WAS MORE CONFUSED. SO, UH, I JUST WANTED TO MAKE SURE THAT WE HAD THE CORRECT INFORMATION BEFORE WE WOULD APPROVE THIS. I KNOW WE NEED BUSINESSES IN THE WEST SIDE, I GET THAT, YOU KNOW, BUT WE ALSO, YOU KNOW, WANT TO KNOW WHAT, WHAT'S, WHAT'S GONNA BE BUILT THERE. ALRIGHT. THANKS MS. PENA. THANK YOU SO MUCH. THANK YOU. LET'S SEE IF WE HAVE ANY QUESTIONS, MR. BANA. YES. SO, SO I GUESS, UM, IT SOUNDS LIKE YOU STILL HAVE NOT MADE YOUR DECISION. YEAH. AND WHAT IS IT THAT YOU'RE WAITING FOR SO THAT YOU CAN MAKE THAT DECISION, I GUESS? 'CAUSE WE DID CALL MR. ALVIN, WELL, NOT MYSELF, MR. ES CALL MR. ALVIN ON THURSDAY AND LEFT A MESSAGE SO WE COULD, SO WE COULD MEET WITH HIM. UH, NOT JUST WITH HIM, BUT WE WANTED TO MEET WITH THE OWNER AND THE LIKE, UM, THE CONTRACTOR I BELIEVE. AND SO, BUT HE DIDN'T GET BACK TO HIM, SO WE WEREN'T ABLE TO MEET. SO I DID TALK TO MR. ALAM THIS MORNING. I RELAYED THE MESSAGE OF WHAT WE WANTED TO DO AND, UH, 'CAUSE WE WANTED MAKE SURE THAT WE'RE ALL ON THE SAME PAGE. THAT'S ALL WE WANNA MAKE SURE, LIKE I SAID, AGAIN, I JUST CAN'T EMPHASIZE THIS ENOUGH. AT THE END OF THE DAY, WE HAVE TO DEAL WITH THE OWNER MM-HMM. ONCE THEY START BUILDING THERE. AND THEN, ARE YOU, ARE YOU FAMILIAR WITH THE WESTWOOD SQUARE HOMEOWNER ASSOCIATION? I'M THE PRESIDENT. OKAY. WHAT ABOUT LOS HARDS? MR. ESTA IS THE PRESIDENT AND THOSE, HE IS THE ONE THAT WE BOTH ARE ALREADY IN AGREEMENT ON THIS. OKAY. SO WE ARE, WE DID MEET, LIKE I SAID, WITH MR. ALVIN. OKAY. SO, SO, SO YOUR POSITION IS THAT, UH, LOS SARDINAS IS THE SAME POSITION THEN AS YOURS IS RIGHT NOW? YES. OKAY. YES, SIR. OKAY. THANK YOU. YOU'RE WELCOME. ANYONE ELSE? ANYBODY ANY OTHER QUESTIONS? YES. UH, I WANTED TO CLARIFY, YOU'RE PART OF THE HOMEOWNER ASSOCIATION THAT INCORPORATES THIS NEW AREA? YES, SIR. I SEE. AND I SAW THAT RY IS ABOUT 1900 FEET AWAY. HOW WELL, NO, IT'S MY, THAT'S MY HOME ADDRESS, THE RIGHT THAT I, I GAVE HERE, BUT I'M WITHIN THE 200 FEET BOUNDARY OF THE BOUNDARIES OF MY NEIGHBORHOOD ASSOCIATION. OKAY. THANK YOU. YOU'RE WELCOME. MR. MACHACA. ANY OTHER QUESTIONS FOR, UH, MR. PETERS? THANK YOU. UH, WOULD YOU LIKE TO COME UP AND PROVIDE A REBUTTAL? UH, YOU'VE HEARD SOME OF THE TESTIMONY, UH, FROM OKAY. YEAH, I, I DID TALK TO BOTH ERIC AND, UH, MS. PENA, MR. ESTRADA AND MS. PENA THIS MORNING. WENT OVER A COUPLE ITEMS AND EXACTLY AS, UH, MS. PENA NOTED, UM, THERE WAS THERE, AND I, I WASN'T PART OF THE CONVERSATION WITH THE OWNER AND MS. PENA, BUT APPARENTLY THERE WAS SOME CONFUSION ON THE NUMBER OF SUITES PROPOSED. BUT I JUST REMINDED HER, I GO, YOU KNOW, IT COULD GO FROM FOUR TO ONE SUITE. IT'S HARD TO TELL BETWEEN WHILE WE'RE DESIGNING THAT MAY HAPPEN. THE OWNER COULD GET A CALL AND IT'S NOT GONNA CHANGE THE CHARACTER OF THE BUILDING, REALLY JUST, UH, LET, UH, FEWER DEMISING WALLS. AND I DID LET HER KNOW, UM, THAT WE HAVE HAD CONVERSATIONS. I HAVEN'T PERSONALLY, UH, MR. JUAREZ, THE CONTRACTOR WHO'S HERE, AND IF YOU NEED TO HEAR THAT FROM HIM, HE'S CERTAINLY AVAILABLE, UH, HAS TALKED TO VIA AND VIA, HAS COMMITTED TO MOVING THE BUS STOP TOWARDS THE INTERSECTION AT NO COST TO THE OWNER. UM, THE OTHER THINGS, UH, ME AND MS. PENA TALKED ABOUT THIS MORNING WAS THE ADDRESSING MR THE, THE OWNER WAS CONFUSED ABOUT THE ADDRESSING AND ALL I COULD TELL HER IT'S THE CITY ASSIGNS THE ADDRESS IN THE, UH, PERMITTING STAGE. THEY VERIFY THE ADDRESS, AND TYPICALLY IT'S BASED ON THE WHAT STREET, THE DOOR THE PRIMARY ENTRANCE OPENS ONTO. IN THIS CASE, IT'S, UM, UH, 36 SOUTHWEST 36TH STREET. I WOULD GUESS IT'S GONNA REMAIN THE SAME. UM, I CAN'T TELL YOU FOR CERTAIN, IT'LL REMAIN 9, 9 5. THAT'S UP TO THE CITY. UM, AND I, I THINK THAT WAS ALL I REMEMBER US TALKING ABOUT, BUT THAT'S WHATEVER LITTLE REBUTTAL THERE. CAP I DIDN'T KNOW IF YOU WANT TO TALK TO ABOUT IS AND I CAN ANSWER ANY QUESTIONS. KAPLAN, MS. KAPLAN. YEP. UH, QUESTION, UH, YOU ARE BASICALLY COMMITTING SQUARE FOOTAGE, NOT A NUMBER OF UNITS, [00:20:01] RIGHT? THE, THE EXTERIOR WALL, THE WHERE THE IS 2,400 YES. YES. SQUARE FEET. YES. OKAY. YOU'RE COMMITTING TO 2,400 SQUARE FEET, HOWEVER MANY UNITS THAT IS. RIGHT. WHETHER IT'S ONE OR, OR SIX. YES. AND, AND EITHER WAY, IN EITHER CONDITION, YOU WOULD MEET THE CITY'S PARKING REQUIREMENT. YES. ONSITE PARKING REQUIREMENTS. T BEGINNING OFFSITE PARKING. YES. ALL ON ONSITE. THE, THE PARK, THE PARKING REQUIREMENT FOR, UH, THE TYPE OF OCCUPANCY THAT HE'S PROPOSING IS B OCCUPANCY. IT'S BASED ON THE SQUARE FOOTAGE OF THE TOTAL STRUCTURE, NOT EACH INDIVIDUAL LEASE SPACE. OKAY. BRAMAN CRUZ, MS. BRAGMAN, THE MS. CRUZ. UM, THIS IS ACTUALLY A QUESTION FOR, UH, MS. PENA, IF I COULD. YEP. THANK YOU. YES, MA'AM. THANK YOU. OVER HERE. UM, SO THE QUESTION IS, WHAT IS, UH, THE HOMEOWNERS, BOTH OF THE HOMEOWNERS ASSOCIATION, WHAT ARE THE CONCERNS, UM, ABOUT WHETHER THERE'S ONE UNIT OR FOUR UNITS OR SIX UNITS? WELL, CONCERNS, WELL, BECAUSE OF, OF THE PARKING AND ALSO BECAUSE IT'S A RIGHT ON THE CORNER AND IT'S, IT'S A, IT'S A VERY BUSY CORNER. THEY CAN BECOME VERY CONGESTED. AND SO, YOU KNOW, WE WERE ASKING LIKE, HOW ARE THEY, HOW ARE THEY GONNA GO IN AND OUT? THAT'S ALWAYS IMPORTANT TO US. I KNOW I, YOU KNOW, WE, WE SAW THAT. OKAY. BUT IT'S LIKE A SMALL CORNER, YOU KNOW, IT IS, ONCE YOU LOOK AT IT WHEN YOU'RE IN PERSON, IT'S LIKE, HOW ARE THEY GONNA BUILD ALL THOSE THINGS ON THERE? UH, BUT, BUT, UH, IT'S A, LIKE I SAID, IT'S A VERY BUSY CORNER. THERE'S A GAS STATION ACROSS THE STREET, THEN THERE'S A RESTAURANT, A NE BEHIND THE, UH, GAS STATION. THEN THERE IS RESIDENTIAL, AND THEN YOU HAVE THOSE, I GUESS IT'S A MOBILE HOME PARK RIGHT BEHIND THERE. SO WE JUST WANTED TO KNOW THE IMPACT, YOU KNOW, OF, UM, YOU KNOW, HOW ARE THEY, YOU KNOW, AND MR. ELVIN DID EXPLAIN TO ME THAT, YOU KNOW, THAT THE PARKING LOT, I GUESS THEY'RE GONNA BE ABLE TO TURN IN THERE, BUT I JUST DON'T SEE HOW, BUT THAT'S WHAT HE SAID, THAT THEY'RE GONNA BE ABLE TO PARK AND THEN BE ABLE TO BACK UP AND TURN SO THEY CAN GET OUT. THAT WAS MY CONCERN, THAT MAKE SURE THAT WHEN THEY'RE GONNA GET OUTTA THAT PARKING LOT THAT, YOU KNOW, THEY'RE NOT GONNA CAUSE AN ACCIDENT OR, YOU KNOW. OKAY. SO THE, THE CITY HAS GUIDELINES ABOUT HOW MANY PARKING SPACES, UM, PER, UH, A LOT THIS SIZE AS WELL AS THE TYPE OF BUSINESSES. MM-HMM. . UM, AND SO THEY WOULD HAVE TO ADHERE TO THOSE GUIDELINES IN ORDER TO, TO, UH, GET PERMITTING. YES, MA'AM. NO, I UNDERSTAND. IT'S JUST, LIKE I SAID, WE JUST, WE JUST ASKED QUESTIONS AND WE WANTED ANSWERS SO THAT WE COULD MAKE A GOOD DECISION. WE JUST DIDN'T WANNA JUST MAKE A DECISION JUST TO MAKE IT FOR THE SAKE OF PLEASING SOMEBODY. IT WAS JUST, WE WANNA KNOW WHAT'S, YOU KNOW, WHAT'S ACTUALLY GONNA GO THERE, . OKAY. AND, AND IF, IF I COULD HAVE A FOLLOW UP QUESTION TO MR. PETERS. OH, THANK YOU. YES. HAS THE OWNER DECIDED WHAT TYPE OF BUSINESSES ARE ARE GONNA BE GOING THERE? I DON'T KNOW ITSELF. I MEAN, C THREE A, CORRECT. I DON'T THINK HE'S SPOKEN WITH A REALTOR. I MEAN, WE'RE, WE'RE PROBABLY SIX MONTHS OUT IF THIS WERE APPROVED TODAY TO GET TO THAT POINT. AND A LOT CAN CHANGE. I MEAN, I, I DON'T TELL PEOPLE WHAT TO PUT IN THERE. I, I CAN RECOMMEND, BUT, UM, NO, I DON'T KNOW. I MEAN, I KNOW IT'S NOT GONNA BE A BAR. I KNOW IT'S NOT GONNA BE A FACTORY. THAT'S KIND OF ALL I COULD DO. OUR SCHOOL, CERTAIN THINGS IT WON'T BE. BUT, UH, FOR THAT NEIGHBORHOOD, I WOULD ASSUME IT'S A SMALL BUSINESS. AND THERE'S A LOT OF THOSE OUT THERE. LIKE A RETAIL BUSINESS OR AN, IT COULD BE, IT COULD BE EITHER OR. IT COULD BE A B OR AN R, BUT I WOULD ENCOURAGE 'EM TO, UH, BE B OR, OR EVEN A CONTRACTOR'S OFFICE WOULD BE A GOOD MIX. THEY DON'T NEED AS MUCH PARKING TYPICALLY. UM, AND THEN TO ADDRESS THE, UH, DRIVE SITUATION. YEAH, THE, THE, THE DRIVES ENTERING INTO THE OFF OF, UH, SOUTHWEST 36 AND INTERNAL DRIVE IN THE PARKING LOT ARE BOTH, UH, MINIMUM 25 FOOT WIDE PARKING OR DRIVES AS REQUIRED BY CODE. SO TWO, TWO-WAY TRAFFIC AND PLENTY OF ROOM TO BACK OUT AND HEAD FIRST OUT ONTO SOUTH SOUTHWEST 36TH STREET. I UNDERSTAND THAT IT'S, UM, A BUSY INTERSECTION, BUT, UH, KEEP IN MIND THAT THE BUILDING IS SHOVED BACK AGAINST THE REAR PAR, UH, PROPERTY LINE. AND IT'S FREEING UP THAT WHOLE CORNER AT CASTROVILLE AND SOUTHWEST 36 FOR V FOR VISION. WHEN YOU COME TO THAT STOPLIGHT, I THINK IT'S MAYBE NOT SAFER AS IT'S AS SAFE AS IT CAN BE, KNOWING IT'S A SMALL LOT. THANK YOU. THANK YOU, MS. CRUZ. UM, YES, SIR. UM, SIR, WHAT, DO YOU KNOW WHAT THE OTHER PROPERTIES ARE THERE NEXT TO IT? ON YOUR LEFT HAND SIDE GOING UP? UM, I'M ASSUMING CASTROVILLE, UH, UH, I BELIEVE IT'S A MOBILE HOME PARK. NO, NO, THAT'S BEHIND IT. ON THE SIDE OF IT, ACCORDING TO THE MAP, THERE'S THREE OR FOUR OTHER AREAS NEXT TO IT. ARE THEY ALL EMPTY LOTS [00:25:01] NOW? I DON'T KNOW. I'D HAVE TO LOOK AT A SATELLITE, HONESTLY. DO WE HAVE ONE? YEAH. ARE YOU REFERRING TO THE EAST OR WEST OF CASTROVILLE ROAD, MA'AM? UM, UM, I DON'T KNOW. UM, I WOULD SAY WEST GOING UP. 'CAUSE I'M LOOKING AT THE, THAT RIGHT THERE, THAT MAP. YOU SEE THE, THE THREE OR FOUR THINGS NEXT TO IT ON THE LEFT HAND SIDE, YOU SAID PRIME OR IT, I'M, I'M TRYING TO FIGURE OUT WHAT'S THERE. ACCORDING TO THIS, IT'S FOUR LOTS, BUT WHAT'S NEXT TO IT? THE, THE BIG, AND THIS IS AN EMPTY LOT, MA'AM, ARE YOU TALKING ABOUT THE BIG LOT TO THE LEFT? NO, NO, NO. THE ONE NO, RIGHT NEXT TO YOU, TO YOUR EMPTY LOT GOING UP. OH, THOSE ARE, THOSE ARE HOMES. THOSE ARE HOMES. SO THOSE, IT'S RESIDENTIAL, SINGLE FAMILY HOMES. SO MS. CRUZ, SO, UM, SO THE FIRST LOT APPEARS TO BE AN EMPTY LOT RIGHT NOW, RIGHT. BUT THE NEXT LOT DOES HAVE A, LOOKS LIKE A HOME ON IT AS WELL AS A REST OF THEM. SO IT APPEARS THAT THEY'RE ALL RESIDENTIAL, UH, NORTH OF THAT PROPERTY. THEY'RE ALL ZONED R FOUR. OKAY. OR R SIX, ACTUALLY R SIX. R R SIX. OH, OKAY. THANK YOU MS. CRUZ. ALRIGHT, THANK YOU. I, I HAVE A QUESTION. UM, SO WHAT, WHAT IS THE, THE HARDSHIP THAT YOU'RE PRESENTED HERE, LIKE IF THE VARIANCE DOESN'T PASS, DID THE BUILD, I MEAN, THE DEVELOPER INTENDS TO BUILD ANYWAY, HE'D JUST HAVE TO BUILD WITHIN THE CONSTRAINT. YEAH, SO HE'D BE FORCED TO, UH, BUILD A, UH, SUBSTANTIALLY SMALLER STRUCTURE, YOU KNOW, MAYBE A THOUSAND SQUARE FEET IN PARKING FOR THREE. I DON'T KNOW HOW WE WOULD WORK THAT OUT. IT'D BE TOUGH WITH THE 25 FOOT WIDE DRIVES, UM, THE REQUIREMENT AND THE JUST MINIMUM NINE FOOT BY 18 FOOT PARKING SPACE REQUIREMENTS. MM-HMM. , IT'D BE TOUGH. SO THE HARDSHIP IS, IS THERE ANYTHING TO DEVELOP ANYMORE? IS IT FINANCIALLY FEASIBLE TO DEVELOP THIS? SHOULD WE JUST LEAVE IT A CHAIN LINK? LOT ROAD, TRUE BARBED WIRE. OKAY. BANA, MR. MANA. SO, UM, SO A SECOND AGO YOU SAID THAT THIS PROJECT WAS SIX MONTHS DOWN THE ROAD, UM, IF YOU STARTED TODAY. SO, SO, SO THIS IS A, I GUESS, A LITTLE BIT LONGER TERM PROJECT THAT YOU'RE WORKING ON, RIGHT? SO IT'S NOT, WELL, YEAH, THE DESIGN TAKES TIME. UM, AND, AND YOU KNOW, DESIGN JUST TAKES TIME. SO I WOULD IMAGINE IN THE PERMITTING PROCESS, ANOTHER COUPLE MONTHS. SO, SO A QUESTION I HAVE, YOU KNOW, SO, SO ON THE LAST MEETING WE KIND OF ASKED, YOU KNOW, FOR YOU TO REACH OUT TO, TO THE COMMUNITY AND IT SOUNDS LIKE YOU MADE HEADWAY, BUT, BUT MAYBE DIDN'T FINISH CLOSING ALL THE LOOPS YET. AND SO, SO A QUESTION WOULD BE, DO YOU THINK IF YOU HAD A CONTINUOUS TO CLOSE THOSE LOOPS AND, AND, YOU KNOW, GET THE, GET THE CONVERSATION, YOU KNOW, COMPLETED THAT NEEDED TO, YOU KNOW, OCCUR? I CAN'T GUARANTEE COMPLETION. I, I CAN CERTAINLY MEET. I, I MEAN, I TALKED TO MS. PENA AND MR. ESRA THIS MORNING, AND, UH, I THINK IF I'M AT JEOPARDY OF NOT GETTING 10 VOTES, I THINK THE, THE BEST THING TO DO IS ASK FOR CONTINUANCE. UM, THANK YOU. AND THEN MY, MY FOLLOW UP QUESTION WOULD BE KIND OF THE HESITANCY OF THE OWNER TO MEET WITH THE, UM, THE NEIGHBORHOOD GROUP IS WHAT, IS THE HESITANCY THERE TO MEET IN PERSON OR HAVE THEY, I DON'T KNOW. I HAVEN'T FORCED HIM, UH, TO DO THAT YET. AND MAYBE I SHOULD. I THINK IT'S JUST BEEN TELEPHONE CONVERSATIONS AND MAYBE I CAN, YOU KNOW, SPEARHEAD THAT EFFORT. UM, AND, AND YEAH, I THINK IT'D BE GREAT. I THINK IT, IT'D GO A LONG WAY IN TIME OF MEETING WITH, UH, I, I WOULD, OKAY. SO, SO YEAH, JUST AS A NOTE, YOU KNOW, SO I AM STRUGGLING AND SO, AND SO, YOU KNOW, UM, TO MOVE FORWARD WITH THIS, I WOULD HAVE SOME CHALLENGES, I GUESS. AND SO, SO I GUESS I WOULD ASK, AND, YOU KNOW, I WOULD THINK IT WOULD BE BENEFICIAL FOR YOU BECAUSE THERE IS, YOU KNOW, A, A SIGNIFICANT CHANGE WITH REGARDS TO WHAT WOULD BE, WHAT YOU WOULD BE ALLOWED TO BUILD VERSUS, UH, IT WASN'T PASSED. AND SO I THINK IT BEHOOVES YOU TO GAIN THAT, THAT COMMUNITY APPROVAL AND LET THEM, YOU KNOW, PARTICIPATE IN THAT DIALOGUE. SO I, I THINK THERE IS SIGNIFICANT VALUE THERE. SO, MINKA, MR. MINKA, UH, I WOULD LIKE TO ASK YOU, SIR, UH, OR THE CITY, UH, IN REFERENCE TO THE TRAFFIC AND WHAT MS. PENA WAS SAYING, IS THERE ANY INPUT FROM T I A, UH, WE HAVE NOT GOTTEN TO THAT, UH, UM, POINT YET FOR THEM TO REVIEW IT? SO AFTER THIS, T I A WILL COME IN AND THEN ASSESS HOW MUCH TRAFFIC AT THAT BUSY CORNER, WHAT WOULD HA WOULD HAPPEN? IS THAT WHAT YOU'RE SAYING? THAT'D BE PART OF THE BILLING PERMIT PROCESSING. I CAN PREPARE A T I A TOMORROW. I MEAN, I DO THIS FOR, AS PART OF MY PROFESSION, AND I, I'LL GUARANTEE YOU IT'S NOT GONNA IMPACT IT HARDLY AT ALL. BUT I WILL PREPARE ONE. I'LL GET IT TO CITY STAFF, I GUESS, AS STAFF, I GUESS AS AN EXHIBIT TO FOLLOW UP. THANK YOU. I THINK THAT WOULD KIND OF CLOSE THE PUBLIC PORTION OF THE MEETING. OH, I'M SORRY. COULD I MAKE A MOTION TO POSTPONE? YES, THAT'S WHAT I WAS GONNA ASK. WELL, I'M GONNA CLOSE THE PUBLIC PORTION OF THE MEETING. CONTINUE. TAKE UP A MOTION FOR CONTINUANCE. MR. SPELMAN? YES, I, I'D MAKE A MOTION. [00:30:01] DO I HAVE A SECOND OF THE MOTION? SECOND. SECOND. THE DATE. OH, YEAH. CAN YOU GIVE US A DATE FOR THE NEXT, UH, NEXT MEETING IS, UH, FEBRUARY 20TH. THAT SOUNDS GREAT. IS THAT I MAKE A MOTION THAT WE CONTINUE TO FEBRUARY 28TH. DO I HAVE A SECOND? ON SECOND? CAN WE JUST TAKE A VOICE VOTE HERE? ALL IN FAVOR? THE 20TH. ALL IN FAVOR? AYE. THE AYES HAVE IT. UH, SO ITEM PASSES FOR CONTINUANCE, MOTION FOR CONTINUOUS PASSES. DID YOU SAY THE 20TH OR THE 28TH? IT'S THE 20TH. THAT'S SAYS MEETING 20TH. THANK YOU. OKAY. YEAH. OKAY. SO PLEASE, YOU KNOW, GET TOGETHER, YOU HEARD THE, THE COMMENTS FROM THE, THE OWNERS' ASSOCIATION AND LET'S TRY TO WORK THIS, UH, TO A FINAL CONCLUSION. THANK YOU. NEXT CASE, PLEASE. NEXT CASE IS BO O A 22 DASH 1 0 3 0 0 2 66, LOCATED AT 2 45 WESTFEST IN COUNCIL DISTRICT ONE. THE APPLICANT IS JUSTIN RAMIREZ, AND THIS IS A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK FACE PER U D C SECTION 35 3 74 0.01 C. UH, THE ZONING IS R SIX RESIDENTIAL SINGLE FAMILY. UH, SUBJECT PROPERTY IS LOCATED GENERALLY NORTH OF KIPP UNIVERSITY PREP HIGH SCHOOL NEAR THE NORTHWEST CORNER OF WEST FEST STREET IN NO GTOS STREET, UH, PROPERTY CURRENTLY HAS AN EXISTING, UH, SINGLE FAMILY DWELLING AND SURROUNDING USES INCLUDES SINGLE FAMILY RESIDENTIAL AND THE ADJACENT HIGH SCHOOL. UH, THERE'S CURRENTLY ONE OTHER ST UH, TYPE TWO SS T R PERMIT ISSUED DOWN THE STREET FROM THE SUBJECT PROPERTY. AND THIS IS THE ONLY TYPE TWO SHORT-TERM RENTAL PERMIT ISSUE FOR THE BLOCK FACE. UH, THIS IS THE PROPOSED FLOOR PLAN THAT THE APPLICANT PROVIDED AS PART OF THEIR APPLICATION. UH, AND THEN THIS IS THE SUBJECT PROPERTY, AND THEN THE NEXT FEW SLIDES ARE GONNA BE THE SURROUNDING AREA. THIS FIRST ONE IS TO THE SOUTHWEST AND THEN THE NORTHWEST, AND THEN THIS IS TO THE SOUTH. UH, THERE ARE CURRENTLY 10 UNITS ON THE BLOCK FACE. UM, THERE'S ONE, UH, TYPE TWO PERMIT ISSUED DOWN THE STREET. UM, THE BLOCK FACE IS CURRENTLY AT 10%, UH, AS FAR AS DENSITY. IF, UH, THE SECOND TYPE TWO IS APPROVED, UH, BLOCK FACE WILL BE AT 20% DENSITY. UH, REGARDING CASE NUMBER, UH, BO O A DASH 22 DASH 1 0 3 2 66, UH, STAFF RECOMMENDS DENIAL BASED ON THE FOLLOWING FINDINGS OF FACT, UH, PER SECTION 16 DASH 1100 OF THE CITY CODE STAFF FINDS THAT THE APPROVAL OF AN INCREASE OF THE TYPE TWO SHORT-TERM RENTAL PERMIT DENSITY WILL BE DETRIMENTAL TO THE INTEGRITY OF THE NEIGHBORHOOD IN WHICH THE SHORT-TERM RENTAL PROPERTY OPERATES. UH, 29 NOTICES WERE MAILED OUT, UH, ZERO WERE ZERO OF THE MAILED NOTICES WERE RETURNED IN, IN FAVOR AND ZERO IN OPPOSITION, AND THERE WAS NO, UH, MAILED RESPONSE FROM THE COLLINS GARDEN NEIGHBORHOOD ASSOCIATION. UH, THAT CONCLUDES STAFF PRESENTATION, AND IF YOU HAVE ANY QUESTIONS. THANK YOU. MR. IS THE APPLICANT HERE? YES. APPRECIATE THE PRESENTATION, PLEASE. GOOD AFTERNOON, JAMES MCKNIGHT, 1 1 2 EAST PEON FROM BRIAN ORTIZ, REPRESENTING THE PROPERTY OWNER, JUSTIN RAMIREZ. THANK YOU. OKAY, YOU CAN GO TO THE NEXT SLIDE, PLEASE. SO I JUST WANTED TO LOCATE US. I ALWAYS LIKE TO DO THIS WHEN I'M PRESENTING PROPERTY. JUST LOCATE THE, THE AREA OF THE TOWN THAT IT'S IN FIRST. NEXT SLIDE, PLEASE. AND HERE'S A BETTER VIEW OF THE AERIAL THAT WAS SIMILAR TO WHAT STAFF JUST PRESENTED. AND I, I SHOW THIS TO GET A FEEL FOR THE CHARACTER OF THIS NEIGHBORHOOD. THIS IS ACTUALLY A VERY UNIQUE STREET AND AREA. YOU CAN TELL THE, THE KIPP HIGH SCHOOL ACROSS THE STREET MAKES IT A PRETTY UNIQUE BLOCK FACE AS IT IS ALSO THE, THE STREET TO THE NORTH, THE WESTFEST ENDS AND TURNS TO, TO GO NORTH. AND NEXT SLIDE, PLEASE. EXCUSE, UH, MR. KNIGHT, I JUST MAKE A, A NOTE FOR THE RECORDS THAT, UH, COMMISSIONER ZUNIGA AS JOINED THE BOARD. THE TIME IS, UH, 1:36 PM THANK YOU. I APOLOGIZE FOR THAT. NO, THAT'S ALL RIGHT. INTO THE SOUTH, THIS IS A VIEW OF THE STREET OF NO GTA STREET GOING SOUTH. SO THE, THE WEST FEST CANNOT CONTINUE THROUGH. SO IT IS A VERY UNIQUE AREA TO START WITH. NEXT SLIDE, PLEASE. AND A STEP POINTED OUT, WE'RE, WE'RE ZONED R SIX, BUT THERE IS AN, AN INDUSTRIAL LOT ON THE CORNER DOWN THE, THE STREET FROM US RIGHT NEXT TO THE, UH, EXISTING S T R TYPE TWO. AND ACROSS THE STREET, OF COURSE, YOU HAVE THE SCHOOL, WHICH IS ZONED C TWO AND I TWO. SO IT, AGAIN, THIS IS JUST CREATING A, A, A VIEW OF THE CHARACTER OF THE NEIGHBORHOOD, WHICH IS A VERY DIFFERENT KIND OF A STREET. NEXT SLIDE, PLEASE. AS YOU SAW A PICTURE OF THE HOME, THIS IS A, A NARROW LOT THAT WE'RE DEALING WITH. THIS IS THE BACKYARD. YOU CAN SEE IT'S A SMALL BACKYARD. THE, IT IS A TWO STORY HOME, UM, WHICH IS JUST TRYING TO BASICALLY [00:35:01] TAKE ADVANTAGE OF THE NARROW LOT. SO THE THE GROUND FLOOR PLANT. NEXT SLIDE, PLEASE. YOU CAN SEE IS ROUGHLY 400 SQUARE FEET ON THE GROUND FLOOR AND, UH, HAS, UH, SPOTS FOR TWO PARKING, TWO PAR PARKING SPOTS FOR CARS. AND UPSTAIRS YOU HAVE THE TWO LIVING, THE TWO BEDROOMS FOR THE LIVING AREA. SO WE'RE ONLY DEALING WITH A TWO BEDROOM HOUSE, WHICH IS TYPICAL FOR THE AREA. UM, THERE MAY BE SPACE DOWNSTAIRS FOR SOMEBODY TO SLEEP, BUT THAT IS, UM, GENERALLY A LIVING ROOM. NEXT SLIDE, PLEASE. SO I WANNA GO THROUGH THE FINDINGS OF FACT FOR THIS. THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY. YOU CAN SEE THIS IS AN EXISTING RESIDENTIAL LOT. IT'S COMPLYING WITH ALL THE R SIX, UH, STANDARDS FOR PARKING AND EVERYTHING ELSE, AND IS TYPICAL FOR THE KIND OF LOT THAT YOU HAVE ON THIS NARROW LOT IN THIS SHORT BLOCK FACE. IT DOES NOT CREATE A PUBLIC NUISANCE. WE PUT IN THERE THAT THE SUBJECT PROPERTY IS 1,283 SQUARE FEET. IT'S SIMILAR TO THE SIZE OF HOME THAT YOU'RE GONNA SEE UP AND DOWN THE BLOCK. A THOUSAND SQUARE FEET, 1200 SQUARE FEET. SOME ARE 1400 SQUARE FEET. SO IT'S NOT OUTTA CHARACTER, IT'S A TWO BEDROOM HOME, AGAIN, NOT OUTTA CHARACTER. AND IT IS SIMPLY FOR RESIDENTIAL PURPOSES ONLY. DOES NOT HAVE, UM, A PS OR AREAS FOR KINDS OF PARTIES OR ANYTHING ELSE. IT'S VERY TYPICAL FOR THE AREA, EXCEPT FOR THE LOT IS IS NARROW WITHIN MOST. UM, AS STAFF POINTED OUT, THIS WOULD INCREASE THE PERCENTAGE, AND THAT IS AGAIN, BECAUSE THE BLOCK IS SO SHORT, THERE'S ONLY 10 HOMES THAT ARE FACING THIS AREA AND JUST HAVING ONE IS ALREADY AT 10, UH, 10%. SO WE'RE GOING FROM 12.5 TO 20%, BUT IT'S NOT A HUGE INCREASE. IT'S ONLY ADDING THAT ONE UNIT. NEXT SLIDE, PLEASE. NEIGHBORING PROPERLY WILL NOT BE SUBSTANTIALLY INJURED BY PROPOSED USE. SO WE WENT UP AND DOWN THIS BLOCK. THE, THE OWNER KNOWS THIS AREA, AND I'D LIKE TO HIM SPEAK TO THIS AS WELL, BUT HE WENT UP AND DOWN THE BLOCK AND TALKED TO EVERYONE AND WE WERE ABLE TO GET AT LEAST SIX PROPERTY OWNERS ALONG WEST AND THE ADJACENT NEIGHBORHOOD ASSOCIATION PRESIDENT TO SIGN LETTERS OF SUPPORT TO, TO SUPPORT US IN, IN TRYING TO PROVIDE THIS BASIC, UH, RENTAL PROPERTY. A VERY TYPICAL RESIDENTIAL COMFORTABLE RESIDENTIAL PROPERTY ON THIS STREET. UM, ADEQUATE UTILITIES STAFF HAS POINTED OUT THAT, THAT WE HAVE ADEQUATE, ADEQUATE AND SUFFICIENT UTILITIES HERE SO THAT WE MEET THAT CRITERIA AS WELL. NEXT SLIDE, PLEASE. THIS IS SHOWING THE, THE APPROVAL LETTERS THAT WE WERE GIVEN. YOU CAN SEE IN GREEN, ALL OF THE, THOSE FOLKS HAVE GIVEN US A A LETTER IN SUPPORT. THE BLACK IS OUR PROPERTY. THE GRAY LOT IS A VACANT LOT RIGHT NOW. SO THERE WAS NO ONE TO SPEAK TO US. WE TRIED TO GET AHOLD OF THEM, BUT THERE'S NO ONE THERE. AND THE BLUE OUTLINE IS THE CURRENT, UM, SS T R PERMIT HOLDER. AND WE'VE TALKED TO THEM AS WELL. WE HAVE, THEY HAVE NOT ISSUED US A LETTER OF SUPPORT, BUT WE'VE TALKED TO EVERY SINGLE PERSON ON THIS BLOCK IN PERSON. THESE ARE THE LETTERS. YOU CAN JUST FLIP THROUGH THESE. THERE'S ACTUAL LETTERS FROM THE, THE, THE FOLKS THAT LIVE UP IN 2 55, 2 53 WEST FEST. NEXT SLIDE, PLEASE. 2 51, 2 47 WEST FEST. NEXT SLIDE PLEASE. 2 38 WAS ACROSS THE STREET NEXT TO THE SCHOOL. NATOS IS TO THE PROPERTY ON THE CORNER. AND THE NEXT SLIDE IS FROM MS. POWERS FROM THE LONE STAR NEIGHBORHOOD ASSOCIATION IN FULL SUPPORT OF THIS NEXT SLIDE, PLEASE. SO ALL OF THAT IS TO SAY THAT WE DON'T FEEL LIKE WE'RE BEING VERY INJURIOUS TO THE, UH, NEIGHBORING OWNERS IF THEY'RE ALL SHOWING SUPPORT FOR THIS SS T R. UM, THE APPLICANT DOESN'T HAVE ANY SPECIAL, DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTALS. WE DO NOT. THERE'S NO HISTORY OF REVOCATION, CITATIONS, OR CONVICTIONS FOR OUR, FOR THIS OWNER AND DOES NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SO I WANTED TO SHOW THIS MAP TO SHOW THAT THE LONE STAR AREA TO THE EAST HAS A A FEW MORE, UM, SHORT-TERM RENTALS THAN WE DO. BUT OUR AREA TO THE, TO THE LEFT, TO THE WEST, YOU CAN SEE THERE'S ONE ON OUR STREET. THERE'S ONE ON THE SIDE STREET OF NO GTOS AND ONE TO THIS STREET TO THE BACK OF US. BUT IN OUR IMMEDIATE AREA, THIS IS NOT OVERRUN WITH THESE AREAS. SO IT IS NOT OUT OF CHARACTER FOR THIS AREA. AND AGAIN, GOING BACK TO THE, IF YOU LOOK UP AND DOWN THAT BLOCK, THAT SHORT BLOCK WITH A SCHOOL ACROSS THE STREET, IT IS A DIFFERENT KIND OF A STREET. IT IS NOT A LONG, UH, RESIDENTIAL STREET WITH NOTHING BUT HOUSES. YOU HAVE A SCHOOL ACROSS THE STREET, YOU HAVE A LOT OF BUSY TRAFFIC. THERE ARE PEOPLE THAT WANT TO USE THIS AREA SPECIFICALLY TO GO TO SOUTH TOWN, AND WE WANNA PROVIDE THAT PROPERTY FOR THEM. SO, UM, NEXT SLIDE PLEASE. SO IN CONCLUSION, AGAIN, I WANNA BRING UP THE OWNER, BUT I JUST WANT TO, TO LEAVE YOU WITH THIS, THAT WE DO MEET ALL THOSE FINDINGS OF FACT. I THINK, UM, I'VE SHOWN THAT WE MEET EACH ONE OF THEM. WE DON'T CREATE A NUISANCE. WE DON'T ALTER THIS ESSENTIAL CHARACTER OF THE DISTRICT, ESPECIALLY GIVEN THE UNIQUENESS OF THAT CHARACTER. AND WE'RE NOT SUBSTANTIALLY INJURING ANY OF THOSE, UH, ADJACENT OWNERS AS WE'VE GOTTEN MOST OF THEIR LETTERS OF SUPPORT SO FAR. AND I'LL CALL, UH, MR. RAMIREZ TO LIKE, TO MAKE A FEW MORE STATEMENTS JUST BECAUSE HE IS VERY FAMILIAR WITH THE AREA. HAS YOU WANNA COME ON UP. GO AHEAD. THANK YOU LADIES AND GENTLEMEN ON THE BOARD. THANKS AGAIN [00:40:01] FOR YOUR TIME. I APPRECIATE IT. UM, JUST FOR A LITTLE BIT OF BACKGROUND, SIR, WE NEED YOUR NAME AND ADDRESS, PLEASE. OKAY, FORGIVE ME. SORRY. JUSTIN RAMIREZ. AND YOU WANT THIS ADDRESS? UH, 2 45 WEST FEST. OKAY. UH, JUST FOR A LITTLE BIT OF BACKGROUND, THE FIRST HOUSE THAT I BOUGHT IN THIS PARTICULAR NEIGHBORHOOD WAS IN 2007. I STILL OWN AND MANAGE THAT PROPERTY. I'M VERY FAMILIAR WITH THIS, UH, NEIGHBORHOOD. EVERY ONE OF THE PEOPLE THAT LIVES ON THIS PARTICULAR STREET, I AM EITHER A FRIENDS WITH OR ACQUAINTANCE WITH. I HAVE APPROACHED ALL OF THEM. IN FACT, I WOULD EVEN SAY THAT I'M NOT ONLY HAVE BEEN, UH, RECEPTIVE TO THEIR NEEDS, I'VE BEEN PROACTIVE. I'VE WORKED WITH DISTRICT ONE IN DISTRICT FIVE. THERE WAS A POINT IN TIME WHERE THIS PARTICULAR SET OF STREETS, WHICH IS WEST FEST RAYMOND, AND, UH, KELLER STREET, IT WAS BETWEEN DISTRICT ONE, DISTRICT FIVE. SO WE GOT TOGETHER WITH THE BOARD MEMBERS OF KIPP ACADEMY AND ALSO WITH DISTRICT ONE, DISTRICT FIVE, AND WE WERE ABLE TO IMPLEMENT, UH, WHERE THEY PARK DURING ONLY ON ONE SIDE OF THE STREET DURING SCHOOL HOURS. SO I ALREADY HAD PETITIONED THESE PEOPLE TO GO AHEAD AND GET BEHIND THAT. UM, I WOULD ALSO SAY I'VE BEEN A GOOD STEWARD. I'VE BEEN A LANDLORD SINCE 2007. SO WHAT, 16 YEARS NOW. IT, IF YOU GET A BAD REPUTATION, IT'S VERY EASY TO GET. IT'S VERY HARD TO REMOVE. I STAND BEHIND MY CONVICTIONS THAT I'VE ACTUALLY HAVE BEEN, UM, BENEFICIAL TO THIS COMMUNITY IN LONE STAR. I HAVE MANY HOLDINGS HERE, SO I'M VERY FAMILIAR WITH THIS WITH WHAT GOES ON HERE. UH, I ALSO HAVE, UM, SUSAN POWER, SORRY, SUSAN POWERS, WHO IS THE LONE STAR NEIGHBORHOOD ASSOCIATION PRESIDENT TO SPEAK ON OUR BEHALF, IF YOU'D LIKE TO HEAR FROM HER OR IF YOU HAVE QUESTIONS OF ME. THANK YOU, MR. RAMIREZ. LET'S SEE, UH, IF WE HAVE ANY, ANY QUESTIONS, WE HAVE, UH, ONE VOICEMAIL AND WE HAVE TWO SPEAKERS. WE'RE GONNA PLAY THE VOICEMAIL FIRST. THAT'S OKAY. LET'S GET THE PUBLIC PORTION. UM, AND THEN WE'LL, IF WE HAVE ANY QUESTIONS, UH, MR. RAMIREZ WILL ASK YOU TO COME BACK UP. YOU WANT ME TO REMAIN HERE OR, OR GO SIT? UH, YOU CAN PROBABLY HAVE A SEAT AND THEN WE WILL. YEAH. SO LET'S GO AHEAD AND READ INTO THE RECORD ANY PUBLIC, UH, COMMENTS OR HE'S ABOUT THE P OF VOICEMAIL. OKAY. THANK YOU. AGENDA ITEM NUMBER TWO FOR 2 45 WEST WEST. GOOD AFTERNOON. MY NAME IS TONY GARCIA. I LIVE AT 2 43 EAST ATCH AVENUE HERE IN SAN ANTONIO, TEXAS 7 8 2 1 2. THIS STATEMENT IS MADE ON BEHALF OF THE TIER ONE NEIGHBORHOOD COALITION STEERING COMMITTEE. THE TIER ONE NEIGHBORHOOD COALITION, T ONE N C IS A HORIZONTALLY ALIGNED GROUP OF NEIGHBORHOODS WITHIN SAN ANTONIO REPRESENTING ALMOST ALL CITY COUNCIL DISTRICTS. THE COALITION ENSURES THAT RESIDENT VOICES ARE AN INTEGRAL PART OF THE CITY'S DECISION MAKING PROCESS THAT AFFECTS ALL OF SAN ANTONIO NEIGHBORHOODS. THE TIER ONE NEIGHBORHOOD COALITION STEERING COMMITTEE SUPPORTS CITY STAFF RECOMMENDATION FOR DENIAL OF A TYPE TWO S T R PERMIT FOR THE PROPERTY LOCATED AT 2 45 WEST FEST. EXCEEDING THE TYPE TWO DENSITY LIMITATION CAN ADVERSELY AFFECT THE OVERALL CHARACTER OF THE NEIGHBORHOOD, THE LONG-TERM PROPERTY OWNERS AND TENANTS ON THE BLOCK, AS WELL AS THE SCHOOL LOCATED ACROSS THE STREET. WE RESPECTFULLY REQUEST THE BOARD OF ADJUSTMENT TO SUPPORT THE CITY'S RECOMMENDATION FOR DENIAL. WE THANK YOU FOR YOUR CONSIDERATION FOR OF OUR COMMENTS. THANK YOU. DO WE ANY OTHER, OKAY. FIRST ALL WE HAVE IS MRS. POWERS. HELLO, MY NAME IS SUSAN POWERS. I LIVE AT 2 5 9 HELENA STREET. I AM THE PRESIDENT OF THE LONE STAR NEIGHBORHOOD ASSOCIATION, AND WE'VE BEEN ACTIVE SINCE, UH, 1996. UM, I'VE KNOWN MR. JUSTIN RAMIREZ FOR MANY YEARS NOW. HE ATTENDS OUR MEETINGS. HE'S BEEN ACTIVE IN THE COMMUNITY AND HE HAS DONE NOTHING BUT IMPROVE OUR NEIGHBORHOOD. UM, DIRECTLY ACROSS THE STREET FROM WHERE I LIVE, 300 HELENA. HE RENT TOTALLY RENOVATED THAT, UH, PROPERTY AT 5 0 9 DOWDY THAT USED TO BE A, JUST A DUMPING SITE, A PLACE FOR, UH, CRIMINALS TO GATHER AND, UH, JUST, YOU KNOW, DRUGS AND EVERYTHING ELSE. AND HE TOTALLY RENOVATED THAT. HE ACTUALLY MOVED A PROPERTY, UH, AN EXISTING HOUSE, AN OLDER HOME TO 5 0 9 DOWDY. AND THAT PROPERTY IS NO LONGER A NUISANCE, AND IT'S A BEAUTIFUL PROPERTY. NOW HE'S ALSO RENOVATED, UH, OR UM, CLEANED UP AREAS AT ONE 14 EAST FEST, TWO 11 EAST FEST, TWO 15 EAST FEST. AND, [00:45:01] UM, HE HAS DONE NOTHING BUT HELP IMPROVE OUR COMMUNITY. SO HE'S NOT GONNA BE AN ABSENTEE AIRBNB OWNER. HE'S GOING TO, UH, BE ACTIVE LIKE HE IS NOW IN THE COMMUNITY. SO, UH, AS FAR AS, UH, 2 45 EAST FEST OR WEST FEST, WE APPROVE THAT TO BECOME AN AIRBNB. AND I THINK THAT AIRBNBS IN THE NEIGHBORHOOD ARE CLEAN. THEY'RE QUIET. AND TO BE HONEST WITH YOU, THERE'S, WE HAVE MORE PROBLEMS WITH, WITH RENTALS IN THE NEIGHBORHOOD THAT ARE ONE UNIT RENTALS. MM-HMM. AND, AND THE PEOPLE THAT LIVE IN THOSE HOMES THAT WE DO WITH THE PEOPLE THAT, UH, COME AND RENT THE AIRBNBS AND THE AIRBNBS. WE NEED OTHER, UH, WAYS FOR LOCAL BUSINESSES TO, UM, HOW DO I SAY IT? THE PEOPLE THAT COME TO, TO VISIT THESE AIRBNBS, THEY'RE GONNA SPEND THEIR MONEY IN OUR NEIGHBORHOOD. THANK YOU. SO THAT'S WHAT WE'RE FOR. LET'S SEE IF WE, WE HAD ANY QUESTIONS FOR YOU? I HAVE A QUESTION FOR STAFF. UH, UM, THIS IS A QUESTION FOR STAFF ON THE PRESENTATION. IT SAYS COLIN GARDEN NEIGHBORHOOD, BUT, UM, THIS IS LONE STAR. WE'RE RIGHT NE WE'RE ACROSS. AND, UM, JUSTIN HAS PROPERTY IN OUR NEIGHBORHOOD. AND SO JUSTIN ATTENDS OUR MEETINGS AND HE'S BEEN VERY ACTIVE IN THE COMMUNITY, BOTH ON DISTRICT ONE SIDE AND THE DISTRICT FIVE SIDE. OKAY. SO THE, THE, SO WE'RE DISTRICT FIVE, SO THE STREET IS A DIVIDER. SO THE PROPERTY'S NOT IN LONE STAR? NO, IT IS NOT. OKAY. BUT HE OWNS PROPERTY THAT IS IN THE, WITHIN THE LONE STAR NEIGHBORHOOD ASSOCIATION BOUNDARIES. AND HE HAS DONE NOTHING BUT GOOD. OKAY. I, IN OUR NEIGHBORHOOD, JUST WANTED TO CLARIFY. THANK YOU. MM-HMM. . THANK YOU. THANK YOU. UH, MS. CABOT, UH, FOR STAFF. SO IF THIS WOULD GET APPROVED, THIS GOES WITH THE LAND, IT DOESN'T GO WITH THE OWNER, CORRECT? CORRECT. IT'S NOT, SORRY. CORRECT. IT IS NOT, UH, TRANSFERRABLE TO A NEW PROPERTY OWNER. IT THAT, SO IT IS NOT TRANSFERRABLE. IT, IT STAYS WITH THE PROPERTY OWNER. IT DOESN'T ONLY, IT, IT ONLY GOES WITH THE PROPERTY OWNER. RIGHT. IT'S NOT LIKE A REGULAR VARIANCE. A SHORT-TERM RENTAL PERMIT HAS TO STAY WITH THE CURRENT PROPERTY OWNER. SO IF HE SELLS IT, UM, THE NEW OWNER WOULD HAVE TO GO THROUGH THIS PROCESS AGAIN. MM-HMM. , I HAVE THE QUESTION FOR STAFF AS WELL. THE EXISTING SHORT-TERM RENTAL ON THE BLOCK FACE, ARE THEY IN GOOD STANDING? I KNOW WE, UM, SAW ISSUES. THEY ARE, THEY, THEY DO NOT HAVE ANY, UM, THEY ISSUES WITH HOT TAX OR, UH, CODE VIOLATIONS. OKAY. THANK YOU. THANK YOU MS. POWERS. ALRIGHT, THANK YOU. AT THIS TIME, NO OTHER QUESTIONS I'D ASK THE APPLICANT, UH, MR. MCKNIGHT, IF YOU'D LIKE TO? UH, SIR. I'M SORRY. WE HAVE ONE MORE, UH, SPEAKER. UM, MS. MIKE AND HARPER. UH, MY NAME IS MICAH HARPER. I RESIDE AT 3 2 6 CLAY STREET. UM, I OWN THE PROPERTY AT THE END OF THE STREET AT 3 1 7. NO GTOS, THAT'S ADJACENT TO THE EXISTING AIRBNB. UM, I'VE KNOWN JUSTIN RAMIREZ FOR YEARS. UM, HE'S BEEN A VERY ACTIVE PART OF MY NEIGHBORHOOD. UM, I HAVE NOT HAD A PROBLEM AT ALL WITH THE AIRBNB THAT'S ADJACENT TO THE BUILDING THAT I OWN. UM, I HAVE NO PROBLEM WITH JUSTIN DOING THIS. I THINK IT'S GREAT FOR THE NEIGHBORHOOD. I OWN 10 HOMES, UH, IN THE AREA, UM, AND A LOT OF COMMERCIAL PROPERTIES. AND I THINK ALL THOSE COMMERCIAL TENANTS BENEFIT A LOT FROM THE GUESTS THAT VISIT OUR NEIGHBORHOOD AND SPEND THEIR MONEY THERE. SO I, UH, WANTED TO SHOW UP FULLY IN SUPPORTIVE, UH, OF THIS VARIANCE TODAY. THANK YOU. THANK YOU, SIR. THANK YOU. LET'S SEE IF WE HAVE ANY QUESTIONS. NONE MACHA, UH, THERE WAS A SLIDE THAT HE PRESENTED EARLIER WHERE HE SHOWED ALL THE STR CAN YOU PRESENT THAT SLIDE AGAIN PLEASE? I THINK THAT WAS THE APPLICANT'S SLIDE. YEAH, THE APPLICANT'S SLIDE. UH, THAT WAS HIS, UH, SLIDE DECK THAT HAD THE HOLD SECOND. DO WE HAVE ACCESS TO THAT OR, OR YOU COULD BREAK UP ONE STOP. THERE'S, I THINK THAT'S IT RIGHT THERE. THAT SLIDE. THANK YOU. UH, MY QUESTION IS, IS THAT, UH, THIS AREA WITHIN A ONE MILE RADIUS OF SOUTH TON AND, UH, PROBAND, IT'S BOOMING IN RENTALS AND IT'S MIGRATING OUT AWAY FROM THAT. AND THIS AREA, I, I HAVE A ISSUE WITH IT BECAUSE, UH, IT'S SLOWLY BEING POPULATED AS THE ONE CLOSE TO SOUTH FLOORS, THE ONES TO PROBAND, THE ONES TO, UH, GUNTHER AND OUTSIDE IN THE OTHER AREA. SO I, I UNDERSTAND THE GOOD WORK THAT HE'S DONE, BUT ALSO LITTLE BY LITTLE IT'S CREEPING OUT AND IT'S, UH, IT MAY BE TOO CONGESTED. IS WHAT I'M GETTING AT. THIS MAP HERE SHOWS THAT THE, [00:50:01] THE MIGRATION FROM THE CENTER POINT OVER THERE OF SOUTH TO OUTWARD, WHAT IS YOUR OPINION ON THAT? SURE. UM, IF YOU LOOK AT CLAY STREET, WHERE THERE'S TWO RED DOTS RIGHT THERE, THERE I LIVE RIGHT NEXT TO THOSE. UM, I LIVE RIGHT IN THE MIDDLE OF WHERE MOST OF THOSE PERMITS ARE. I HAVE NOT EVER HAD A PROBLEM, UH, WITH A GUEST IN THE NEIGHBORHOOD FROM A SHORT-TERM RENTAL. UM, I, I MEAN, CLAY STREET'S A CONGESTED STREET, I THINK, YOU KNOW, IT'S A VERY NARROW STREET. UM, WE'VE ALWAYS MANAGED, UM, THE NEIGHBORHOOD CAME TOGETHER AND HAD A LOT OF DISCUSSION ABOUT WHETHER TO MAKE IT ONE WAY OR NOT AND DECIDED TO LEAVE IT THE WAY IT WAS 'CAUSE IT JUST WASN'T THAT BIG OF A PROBLEM. BUT I LIVE IN THE NEIGHBORHOOD, I'VE LIVED THERE FOR SIX YEARS. I'VE NEVER HAD AN AN ISSUE WHATSOEVER. I THINK IT'S GREAT. THANK YOU, MR. SO, YEP. THERE'S ANYTHING UH, MR. HARPER, WELCOME TO SEE YOU HERE AGAIN. . THANK YOU. HE WAS ON THE BOARD OF THE B S B. OKAY. SO YOU WOULD KNOW, YOU KNOW, THE APPLICATION OR DENSITY ON THE PROBLEM. CAN YOU TELL ME, UH, HAS THERE'S BEEN ANY IMPROVEMENT ON THIS, UH, NEIGHBORHOOD SINCE, YOU KNOW, AND CAME UP ABOARD? EXCUSE ME, I GOTTA GO. IS HAS THE NEIGHBORHOOD BEEN IMPROVING? IS THAT THE QUESTION? YEAH. DENSITY AND HAVE IT BEEN AN IMPROVEMENT? YES, IT'S BEEN A GREAT, THERE'S A HUGE DENSITY. A LOT OF THOSE ARE APARTMENT BUILDINGS. YOU CAN'T TELL ON THE MAP, BUT THERE'S, I DON'T KNOW, JUST ON THAT MAP, THERE'S OVER 1500 APARTMENTS THAT ARE BUILT IN THE LAST COUPLE YEARS. AND THAT DENSITY HAS BEEN AMAZING FOR THE NEIGHBORHOOD. IT'S CREATED, THERE'S A LOT OF BUSINESSES, THERE'S NEW BREWERIES AND COFFEE SHOPS AND ART GALLERIES. AND FIRST FRIDAYS AT THE END OF THE STREET TO THE, TO THE, UH, EAST AND SECOND SATURDAY WITH ALL THE ART GALLERIES. IT'S DOWN TO THE SOUTH. AND ALL OF THOSE THINGS HAVE BROUGHT A LOT OF PEOPLE FROM THE CITY TO OUR NEIGHBORHOOD. UM, AND A LOT OF THOSE BUSINESSES AND RESIDENTS ARE, ARE BOOMING. AND I THINK IT'S BEEN GREAT. THANK YOU. THANK YOU. THANK YOU. THANK YOU, SIR. DO WE HAVE ANY OTHER, UM, SPEAKER SIGNED UP? THAT'S ALL THE PUBLIC COMMENT. OKAY. AT THIS POINT I'M ASK THE APPLICANT, UM, MR. UH, MCKNIGHT, IF YOU'D LIKE TO MAKE A CLOSING, UH, REBUTTAL? I WOULD, YES. THANK YOU. UM, I THINK IT'S IMPORTANT TO, WHEN YOU LOOK AT THESE, WE TALK ABOUT THE CHARACTER AND THE, THE, THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. IF YOU LOOK AT STAFF'S REPORT AND YOU GO THROUGH THE SIX FINDINGS OF FACT, YOU SAY, WHAT WERE THE THINGS THAT THEY HAD A PROBLEM WITH? ALL IT ESSENTIALLY SAID WAS HAVING ANOTHER UNIT WOULD CHANGE, WOULD ALTER THE CHARACTER. BUT IT DOESN'T SAY WHY. AND I THINK THAT'S JUST BECAUSE WE ALL UNDERSTAND THAT SOME PEOPLE UNDERSTAND AT LEAST THAT YOU ADD ANOTHER RENTAL UNIT THAT IT WILL CHANGE THE CHARACTER. I, I DON'T THINK YOU CAN HEAR FROM THE OWNERS HERE. I DON'T THINK IT DOES, ESPECIALLY WHEN YOU HAVE A USER THAT'S TAKING CARE OF THE PROPERTY. AND I THINK THAT'S WHY WE GO THROUGH THIS PROCESS. IT WAS A GOOD IDEA FOR THE CITY TO PUT THIS PROCESS IN PLACE BECAUSE YOU DON'T JUST LOOK AT THE BLOCK. EACH PERSON THAT WANTS THAT UNIT HAS TO COME FORWARD AND TALK ABOUT THEMSELVES AND IT ONLY STICKS WITH THAT OWNER. SO WE'RE BEING VERY SPECIFIC, LIKE ANY KIND OF VARIANCE THAT YOU MIGHT GET THAT THIS IS FOR THIS PERSON. AND DOES THIS PERSON'S, UH, TWO BEDROOM HOUSE THAT WAS BUILT TRADITION AS A TRADITIONAL HOME ON THIS BLOCK, IS THAT OUT OF CHARACTER WITH THE OTHER USES ON THE STREET, WHICH ARE TWO BEDROOM HOMES? SO AS FAR AS THE, THE FINDINGS OF FACT FOR, UH, YOU KNOW, A SPECIAL EXCEPTION IN THIS CASE, WE'RE ASKING FOR THE SAME USE THAT'S ON THE BLOCK THERE AND TO LOOK AT THIS OWNER SPECIFICALLY. AND I THINK WE'VE SHOWN THAT, THAT HE IS SOMEONE THAT WILL TAKE CARE OF THE PROPERTY AND, AND WILL NOT ALTER THAT CHARACTER. THANK YOU MR. MANNA. MR. MANNA. SO, SO I GOT, SORRY, I GOT A LITTLE CONFUSED THERE ON YOUR PRESENTATION. SO, UM, SO THE NEIGHBORHOOD ASSOCIATION THAT YOU REFERENCED, UM, SO WHERE ARE THEY LOCATED ON THIS MAP? LONE STAR. LONE STAR IS TO THE EAST. SO IT'S ACROSS, THIS IS LONE STAR OVER HERE. OKAY. SO COL COLIN GARDEN GOES LIKE THIS AND IT GOES WAY, WAY TO THE EAST. AND THEN, UM, WITH REGARDS TO COLIN GARDENS, DID YOU GET A CHANCE TO REACH OUT TO THEM AT ALL? WE HAVE NOT HEARD BACK FROM COLIN GARDEN, NO, SIR. OKAY. DID YOU ALL REACH OUT TO 'EM THOUGH? I BELIEVE, I BELIEVE, UH, MR. RAMIREZ DID REACH OUT TO THEM. OKAY. SO, UM, OKAY. THANK YOU. AND I WOULD SAY THEIR OPPORTUNITY WOULD BE TO RESPOND OR TO BE HERE, UM, TO PRESENT. THANK, THANK, THANK YOU MR. OT. SURE. THANK YOU. AT THIS POINT WE CLOSE THE PUBLIC PORTION OF THE MEETING AND I'D ASK A BOARD MEMBER TO MAKE A MOTION BRAGMAN MS. BRAGMAN, REGARDING CASE NUMBER BO O A DASH TWO TWO DASH 0 3 0 0 2 6 6. I MOVED TO THE BOARD OF ADJUSTMENT, RAN SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO SHORT-TERM RENTAL SITUATED AT 2 4 5 WEST FEST, APPLICANT BEING JUSTIN RAMIREZ. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOWED THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH, THERE ARE A LITTLE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIAL ENDANGER THE PUBLIC HEALTH OR SAFETY. THE BOARD FINDS THAT THE REQUEST TO OPERATE ON ADDITIONAL SHORT-TERM RENTAL IS UNLIKELY TO MATERIAL MATERIALLY IN DANGER. THE PUBLIC HEALTH, SAFETY, OR WELFARE, THERE'S NOTHING OBVIOUS THAT WOULD DISTINGUISH A [00:55:01] SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY. B, THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE. THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE A PUBLIC NUISANCE WOULD BE CREATED IF AN ADDITIONAL SHORT-TERM RENTAL PERMIT WAS APPROVED. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY STRUCTURES. THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WILL SUBSTANTIALLY INJURE NEIGHBORING PROPERTIES AS A SHORT TERM, A TYPE TWO SHORT-TERM RENTAL. D, ADEQUATE UTILITIES, ACCESS, ROADS, STORM DRAINAGE, RECREATION, OPEN SPACE AND NECESSARY. NECESSARY FACILITIES HAVE BEEN OR ARE BEING CREATED. THE SUBJECT PROPERTY PROVIDES OFF STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE. E THE APPLICANT OR OWNER OF THE SPECIAL EXCEPTION DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES, CONFIRMED CITATIONS OR ADJUDICATED OFFENSES, CONVICTIONS, OR FOR VIOLATIONS OF ARTICLE 16, ARTICLE 22 OF THE CITY CODE WITHIN ONE YEAR PRIOR TO THE DATE OF THE APPLICATION. THE APPLICATION DOES NOT HAVE, THE APPLICANT DOES NOT HAVE ANY HISTORY OF REVOCATIONS, CITATIONS, OR CONVICTIONS FOR VIOLATIONS OF CHAPTER 16 F. THE SPECIAL EXCEPTION WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE SPECIAL, THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO OTHER RESIDENTIAL WITHIN, WITH THE PROPERTY OWNER PROVIDING OFF STREET PARKING AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY. THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTIES SEEKING THE SPECIAL EXCEPTION. END OF MOTION. THANK YOU. SECOND, THE SECOND, MR. MADAM. ALRIGHT, MS. BRAGMAN, WOULD YOU LIKE TO ADVISE THE COMMENT ON YES, I THINK WE HEARD A LOT OF GREAT TESTIMONY FROM, UH, THE, THE NEIGHBORS, UM, AND ALSO THE LETTERS THAT CAME FROM THE DIRECT NEIGHBORS SUPPORTING THE APPLICANT. UM, WE HEARD MORE ISSUE WITH LONG-TERM RENTERS AS OPPOSED TO SHORT-TERM RENTERS IN THIS, IN OTHER NEIGHBORHOODS. SO I'LL BE IN SUPPORT OF THE MOTION FOR THAT REASON. THANK YOU MR. MANNA. YEAH, SO I GUESS I'M STRUGGLING A LITTLE BIT BECAUSE I GOT CONFUSED AND, YOU KNOW, BASICALLY WE HAD THE NEXT DOOR NEIGHBOR, I GUESS THE NEIGHBORING NEIGHBORHOOD, YOU KNOW, THAT THAT KIND OF PRESENTED A LOT OF THE, I GUESS, DIALOGUE WITH REGARDS TO THEIR COMMUNITY. UM, YOU KNOW, TIER ONE DOES, UM, REPRESENT COLLINS GARDENS, SO THEY'RE A MEMBER OF THAT GROUP. AND SO WHEN THEY'RE CALLING IN, THEY, THEY MAY BE, YOU KNOW, I'LL, I'LL ASSUME THAT THEY'RE SPEAKING FOR THEM AS WELL AS MANY OTHER COMMUNITIES. SO, UM, UM, SO, SO I GUESS, YOU KNOW, I AM STRUGGLING HERE. UM, YOU KNOW, AND WE DO HAVE THE, THE SHORT TERM RENTAL THING, YOU KNOW, FOR A REASON, SO, SO AS TO MINIMIZE, YOU KNOW, THE, THE, I GUESS THE ONSLAUGHT OF, OF THOSE RENTALS IN OUR COMMUNITY. SO, UM, SO, SO AGAIN, I'M STRUGGLING, SO THANK YOU. ALRIGHT, ANY OTHER, UH, BOARD MEMBERS? SUN SUSAN, YOU KNOW, THE INTEGRITY OF THE NEIGHBORHOOD WILL NOT BE HURT. WHAT HAS HAPPENED THERE IN, UH, OLD HOMES? I USED TO LIVE THERE DOWN THE, WHEN THE UNDERPASSES AND THE SITUATION THERE THAT THIS, UH, PROPERTIES AFTER THE COLLEGE WENT IN THERE, THE PREP SCHOOL, ALL THIS PROPERTIES IN THE NEIGHBORHOOD HAVE BENEFITED FROM IT. THE HOUSES ARE BEING REFURBISHED, REMODELED, AND THE LIKES, AND, UH, I WILL BE VOTING FOR IT. THANK YOU. THANK YOU, MR. ZUNIGA. ANY OTHER COMMENTS BEFORE WE CLOSE? UH, WITH THAT SAID, UH, STAFF, LET'S TAKE A ROLL CALL. VOTE MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT, MR. SPIELMAN. I DO NOT CONCUR WITH THE FINDINGS OF FACT, MR. MENCHACA. I DO NOT CONCUR. MS. LYNN. I DO NOT CONCUR. MS. CRUZ. I DO NOT CONCUR. MS. KAPLAN. I DO NOT CONCUR. MR. VASQUEZ. I CONCUR. WAS THAT, I'M SORRY. DID I CONCUR? CONCUR? YOU CONCUR, MR. VASQUEZ? I DO NOT. CONCUR. OKAY. THANK YOU. CHERYL. ZUNA, I CONCUR WITH THE, UH, COUNT OF, WHAT IS IT? EIGHT TO TWO. UH, THE, UNFORTUNATELY THE, UH, THE MOTION DOES NOT PASS, SO PLEASE GET WITH STAFF AND, AND THEY'LL PROVIDE SOME REMEDIES FOR YOU. THANK YOU. ALRIGHT, NEXT CASE PLEASE. GOOD AFTERNOON. UH, BOARD MEMBERS, MY NAME IS MONIQUE MECADO, PRINCIPAL PLANNER FOR A SHORT-TERM RENTAL TEAM. AND FOR THIS ITEM, UM, THE APPLICANT IS APPEALING THE ADMINISTRATOR'S DECISION TO REVOKE THE SHORT-TERM RENTAL PERMIT FOR TWENTY TWO HUNDRED AND TWENTY TWO DERAN DRIVE. THIS IS IN COUNCIL DISTRICT ONE, THE APPLICANT IS LUIS AGUILAR. AND, UM, THE ZONING IS RESIDENTIAL SINGLE FAMILY [01:00:01] AIRPORT HAZARD OVERLAY DISTRICT. THE APPLICANT INITIALLY APPLIED FOR THE S T R PERMIT BACK IN AUGUST 23, UH, 2020, AND, UH, THE STAFF APPROVED AND ISSUED THE PERMIT IN AUGUST 28TH. 2020 S T R OPERATORS ARE REQUIRED TO REPORT REVENUES TO THE CITY FINANCE DEPARTMENT ON A MONTHLY BASIS. THIS INCLUDES REPORTING $0 REVENUES. IF NO INCOME WAS GENERATED PER SECTION 16 11 10 D IT CLEARLY STIPULATES THAT FAILURE TO FILE THESE MONTHLY REPORTS AND PAY THE ASSOCIATED HOTEL OCCUPANCY TAX CONSTITUTES A VIOLATION OF THIS CHAPTER. THE CITY'S FINANCE DEPARTMENT WHO MANAGED REPORTING AND COLLECTION SERVICES FOR THE CITY OF SAN ANTONIO NOTIFIED THE OWNER OF THE S T R ON AUGUST 11TH, 2021 PER SECTION 16 11 10 D. STATES A FAILURE TO TIMELY REPORT AND PAY HOT TAXES WITHIN 90 DAYS SHALL RESULT IN PERMIT REVOCATION. STAFF IS REQUIRED TO ENFORCE THE ORDINANCE APPROVED BY CITY COUNCIL AND REVOKED THE SS T R PERMIT. THE SS T R PERMIT WAS REVOKED ON DECEMBER 21ST, 2022, AND CITY FINANCE DEPARTMENT ESTIMATED THAT APPROXIMATELY $15,823 PLUS PENALTY AND TAXES WERE OWED IN HOTEL OCCUPANCY. TAX STAFF RECOMMENDS, UH, DENIAL OF THE APPLICANT'S REQUEST BASED ON THE FOLLOWING FINDINGS OF FACT, THE ORDINANCE REQUIRES A STAFF REVOKED THE PERMIT FOR THE VIOLATION DESCRIBED IN THIS REPORT, AND THE OWNER OPERATOR OF THE S T R PERMIT VIOLATED THE SST R ORDINANCE BY FAILING TO TIMELY REPORT REVENUES AND PAY THE ASSOCIATED HOT TAX. THE OWNER OPERATOR FAILED TO COMPLY WITH THE ORDINANCE EVEN AFTER THE ATTEMPT WAS MADE. UH, WHEN WE INFORMED THE APPLICANT, UH, ON THEIR DELINQUENT ACCOUNT. WE DO HAVE ALSO STAFF FROM THE FINANCE DEPARTMENT PRESENT AS WELL, AND THE APPLICANT. AND THAT CONCLUDES, UH, STAFF'S PRESENTATION. THANK YOU. UH, LET'S SEE IF THE, UH, ANY PUBLIC, UH, INPUT ON THAT. I PROBABLY, NO, WE DON'T HAVE ANYONE SIGNED UP TO SPEAK OR VOICEMAILS. OKAY, THANK YOU. LET'S SEE, THE APPLICANT, YOU ARE HERE FOR THE GOOD AFTERNOON, UM, MEMBERS OF THE WAR, I'M, CAN YOU YOUR NAME AND ADDRESS PLEASE? YOUR NAME? OH YEAH. LUISA GIL. 2 2 2 THREES AND DRIVE. THANK YOU. I'M, I'M A SMALL BUSINESS OWNER HERE IN SAN ANTONIO THAT WE REFER, SET A PERFECT COMBINATION OF FAMILY COMMITMENTS AND AIC PRESSURES, WHICH CAUSED ME MISTAKENLY PASSED THE DUE FOR MY TAXES. AS A RESULT, MY PERMITS WERE REVOKED UPON LEARNING MY ERROR ADAMANTLY ENSURED THAT THE TAXES WERE TAKEN CARE OF, AND I ASKED FOR THE CITY FOR GUIDANCE AS WELL. I ALSO ENGAGED WITH PEOPLE AT THE FINANCE DEPARTMENT TO GET MORE GUIDANCE AND PRACTICES TO AVOID SUCH A SIMILAR, UH, DIFFICULT IN THE FUTURE. I RESPECTFULLY REQUEST YOUR CONSIDERATION OF MY APPEAL AND RESTATE MY PERMITS. THE REVENUE FROM THIS PROPERTY IS AUTHORIZED BY MY PERMITS, MADE UP A SIGNIFICANT PORTION OF MY LIVELIHOOD ALONG THE FAMILY, AND THOSE THAT I EMPLOY AS A PROUD SUPPORTER, A STRONG NEIGHBORHOODS TOO. AS A RESIDENT OF BE COUNTY FOR MANY YEARS, I ATTEMPT WITH THE SUPPORT OF MY NEIGHBORS AND REQUEST RECONSIDERATION FOR THIS REQUEST. I CAN ASSURE YOU THAT I WILL TAKE THIS MATTER SERIOUSLY AND I HAVE TAKEN THE, TAKEN THIS, THE STEPS NEEDED TO PREVENT IT FOR HAPPENING AGAIN. THANK YOU. THANK YOU. LET'S SEE IF WE HAVE ANY QUESTIONS. CRUZ, MS. CRUZ, UH, FOR CITY STAFF, UH, IS THERE ANY OTHER SHORT TERM RENTALS IN THIS AREA? I DON'T SEE ANY. I JUST WANNA MAKE SURE NOT ON THAT, NOT FOR THIS BLOCK FACE. OKAY. THANK YOU MANAM. MR. MANAM QUESTION FOR CITY OF STAFF AS WELL. SO IF THIS IS REVOKED, UH, CAN, UM, UM, WHAT IS THE TIMEFRAME THAT THE APPLICANT CAN TURN AROUND AND APPLY FOR ANOTHER S C R ON THIS BLOCK? SO THE PERMIT HAS ALREADY BEEN REVOKED IN DECEMBER 21ST, 2022, AND THE PENALTY IS A 12 MONTH, SO HE CAN REAPPLY DECEMBER 21ST, 2023 NEXT YEAR. AND THEN, UM, JUST TO CLARIFY, SO IT LOOKS LIKE THE FIRST NOTICE WAS BACK IN, UM, 2021? CORRECT. AND SO, UM, AFTER THAT DATE, THERE WAS NO MONIES PAID TOWARDS HOT TAX? THAT WOULD BE CORRECT. AND HERE'S THE FINANCE DEPARTMENT IF THEY WANNA CLARIFY, I THINK THAT'D BE HELPFUL. THANK YOU. YOU CAN HAVE A SEAT. WE'RE GONNA KAPLAN, MS. KAPLAN, UH, FOURTH CITY STAFF. DID WE SAY IT WAS 15,000 THAT WAS OWED? WHAT DID WE SAY IT WAS OWED? THOSE ARE ROUGH ESTIMATES. ROUGH. HAS THERE BEEN ANY, UH, REPAYMENTS ON THAT? NO. OKAY. THANK YOU LIN. SORRY, I JUST HAD A QUESTION FOR CITY STAFF AS WELL. DID YOU ONLY MAIL OUT THE ONE NOTICE OR WERE [01:05:01] THERE ADDITIONAL NOTICES SENT AFTER THE FIRST ONE? THAT WAS THE ONLY NOTICE MAILED OUT. QUESTION FIRST, FIRST, UH, FINANCE, WHEN YOU MAILED IT OUT, DID YOU RECEIVE ANY DOCUMENTATION OR SOMETHING THAT SAYS HE CALLED IN AN ATTEMPT TO, UM, SETTLE THE, THE DIFFERENCE? NO, WE DID NOT RECEIVE, UH, THE MAILING WAS NOT RETURNED, UH, INSUFFICIENT ADDRESS, NOR WERE WE CONTACTED FOR PAYMENT. THANK YOU. I HAVE A QUESTION. SO IF, IF THIS, THIS APPEAL IS, IS GRANTED TODAY, WOULD HE THEN HAVE TO RE UM, BE CURRENT ON THE BACKHOE TAXES AND DEMONSTRATE THE TAXES THAT ARE DUE TO THE CITY, CORRECT. TAXES ARE DUE, UH, BEFORE HE'S GRANTED ANOTHER PERMIT? AND THEN HOW DO WE, HOW DOES THE CITY, UM, APPROVE THE TAXES THAT WOULD BE DUE AND WHAT, HOW, WHAT SOURCE DOCUMENT IS THERE TO SHOW THAT THE ACTUAL AMOUNT OF TAXES ARE, ARE DUE TO THE CITY? SO TAXES ARE SELF-REPORTING. UH, THEY WOULDN'T KNOW THEIR EXACT REVENUE GENERATED. UM, IF WE WERE TO WANT AN EXACT AMOUNT, WE WOULD HAVE TO SEND OUT OUR COMPLIANCE AND RESOLUTION DEPARTMENT TO COMPARE THE FOLIOS OF THE GEN OF THE REVENUE THAT WAS GENERATED. AND THAT'S PUBLICLY, I MEAN, YOU HAVE ACCESS TO THAT DATA RIGHT? THROUGH THE, UM, AIRBNB OF THE DIFFERENT, UM, UH, SERVICES OR HOW, HOW CORRECT. THROUGH THE PORTAL THAT WE USE, THAT IS HOW WE WERE ABLE TO, UH, OBTAIN THE ROUGH ESTIMATE OF WHAT IS OWED TO THE CITY. OKAY, THANK YOU MANANA, MR. MANNA. SO QUESTION BACK FOR THE CITY. SO, SO I'M TRYING TO UNDERSTAND YOU, YOU SAID $15,000 ROUGHLY IN, UM, I GUESS IN BACK TAXES. SO, SO HOW DID YOU DETERMINE THAT? SO, SO, UM, I GUESS HOW DID YOU DETERMINE THE NUMBER OF RENTALS AND, AND I GUESS THAT AMOUNT? SO, SO JUST TRYING TO UNDERSTAND THAT PIECE. SO THE WAY WE DETERMINED THE 15,823 WAS, UM, THROUGH OUR PORTAL THERE WERE A NUMBER OF BOOKINGS OF 32 BOOKINGS IN 20 22, 37 IN 20 21, 1 IN 2020, THE KNIGHTS OCCUPIED WERE TWO HUNDRED THIRTY SIX, TWO HUNDRED AND SEVENTY THREE, AND 2001 AND SEVEN AND 2020. SO PER NIGHT IS, AGAIN, IT'S ROUGHLY $285, UH, PER NIGHT. SO THE MID REVENUE ESTIMATED WAS 147,191, WHICH WAS GENERATED. THE 9% DUE TO THE CITY IS THE 15,823. SO, FOLLOW UP QUESTION, SORRY. UM, SO, SO IS THAT, SO, SO THE, WHERE YOU GAINED THE INFORMATION WAS FROM, UM, FROM AN OUTSIDE SOURCE OR IS, OR, OR I GUESS WHERE DID YOU, WHERE, WHAT IS THAT SOURCE OF THAT DATA? SO THE PORTAL THAT WE USE WHERE THE HOSTS PAY THEIR TAXES, WHAT THEY DO IS THEY, UM, THEY OVERSEE ALL 81 PLATFORMS SUCH AS AIRBNB, VRBO, VA, CASA, UM, AND IT GIVES US A ROUGH ESTIMATE OF NIGHTS, UM, THAT THEY HAD BOOKED AND ESTIMATED REVENUE. THANK YOU. A FOLLOW-UP QUESTION, SO IF THE APPEAL IS NOT GRANTED TODAY, IS THERE A ABILITY FOR THE CITY TO CLAW BACK OR TO GET THOSE, UH, TAXES THAT ARE DUE TO THE CITY? OR IF THE VARIANCE, UH, THE APPEAL IS PASSED, IS THAT EITHER WAY, I MEAN, DOES THE CITY HAVE THE ABILITY TO CLAW BACK AND GET THOSE TAXES THAT ARE OWED TO THEM? ARE WE GIVING UP SOMETHING? IF, IF WE, UM, IF WE DO NOT GRANT THE APPEAL VERSUS GRANTING THE APPEAL AND GIVING THE CITY THE ABILITY TO CAPTURE THOSE TAXES DUE, SO PER CITY CODE, UM, WE CAN GO BACK FOUR YEARS TO COLLECT HOTEL OCCUPANCY TAXES. AND THE ENFORCEMENT MECHANISM FOR THAT IS WE DO NOT HAVE ENFORCEMENT. GOTCHA. AGAIN, IT'S SELF-REPORTING. THANK YOU. ANOTHER QUESTION FOR THE CITY KAPLAN. UM, IS THERE, ARE THERE OTHER APPLICANTS, UH, FOR STR ON THIS BLOCK FACE? NO. DO WE KNOW? NO. NO. ALRIGHT. , UH, SO AT THIS POINT I'D LIKE THE APPLICANT TO COME FORWARD AND IF YOU HAVE ANY, UH, I'M SORRY, MR. MACHACA, I JUST HAVE ONE FOR FINANCE AGAIN. SO ONE NOTICE, NO GRACE PERIOD, NO FOLLOW UP NOTICE. IS THAT CORRECT? CORRECT. THANK YOU. ED VASQUEZ FOR THE CITY. OH, MR. VASQUEZ. YEP. YES. UH, FOR THE CITY, UH, DOES, IS THE, DOES THE CODE PROVIDE FOR ONLY ONE NOTIFICATION OR IS THERE, UH, UH, MORE, UH, ATTEMPTS? THEY ARE NOTIFIED AFTER BEING 90 DAYS DELINQUENT ON THEIR TAX. AND IT'S ONLY JUST ONE TIME AND THE, AND IT'S LIKE, CORRECT. STRIKE ONE AND YOU'RE OUT. CORRECT. AND THE ENFORCEMENT WOULD BE REVOKING THEIR S T R PERMIT. THANK YOU. MANANA. BRAMAN. OKAY. OKAY. UH, MR. MANNA THEN MS. MR. BRAMAN. SO QUESTION FOR CITY STAFF. SO, SO ESSENTIALLY WHEN AN APPLICANT SIGNS UP FOR AN S T R, UH, THEY GO THROUGH, UH, I GUESS A SET OF FILING DOCUMENTS AND INCLUDED IN THAT [01:10:01] DOCUMENTS ARE THE REQUIREMENT FOR THE THE HOT TAX. IS THAT CORRECT? THAT'S PART OF THE AGREEMENT THAT THEY SIGN UP WITH? CORRECT. WHEN WE ISSUE THE S T R PERMIT, THERE IS A NOTICE WITH IT AND IT IDENTIFIES THAT THEY NEED TO BE REPORTING MONTHLY ON THEIR HOT TAX. AND SO, SO THE ON, SO IF THEY ARE NOT FOLLOWING, UM, IF THEY DO NOT FILE MONTHLY, THEN THAT'S WHAT LED TO THE ANNOUNCEMENT OF THE LETTER TO THEM AFTER A CERTAIN PERIOD OF TIME? YES, ONCE THEIR DELINQUENT PAST 90 DAYS. 90 DAYS, OKAY. SO THREE MONTHS. SO WE GIVE 'EM THREE MONTHS TO FILE. IF THEY HAVEN'T FILED, THEN WE LET 'EM KNOW THAT THEY'RE ON FILING. OKAY. THANK YOU. CORRECT. MS. GREGG, AGAIN FOR CITY. SO, UM, DID THE APPLICANT, HAS THE APPLICANT FILED ANY HOT TAXES DURING THE TIME OF THE, THE, UM, THE S T R WAS ACTIVE? SO ONCE THE PERMIT WAS REVOKED, UM, THE HOST DID GO IN TO REPORT, BUT THEY DID REPORT ZERO REVENUE EVEN THOUGH THERE HAVE BEEN DOCUMENTED STATES. OKAY. SO THAT WAS THE ONLY REPORT THAT HE FILED? CORRECT. DURING THE TI. SO HE DIDN'T FILE ANY TIME AT ALL DURING THE TIME WHEN THE SS D R WAS ACTIVE? CORRECT. OKAY. THANK YOU, MR. SPILL. UM, I I HAD A QUESTION TOO. THIS APPLICANT HAD TO FILE, UH, FOR AN S T R AND AT THAT TIME HE WAS INFORMED WHAT THE GUIDELINES AND EXPECTATIONS WERE. IS THAT CORRECT? YES, THAT IS CORRECT. AND, AND HE HAS CONSISTENTLY FILED ZERO INCOME FOR ALL THAT TIME? CORRECT. HOW IS IT POSSIBLE THAT HE WENT THAT LONG? THEY ONLY STARTED, SORRY. HOW? IT'S POSSIBLE THAT HE WENT THAT LONG WITHOUT REPORTING OR REPORTING ZEROS, UH, WITH, WITHOUT, UH, GETTING A, A NOTICE THAT HE HADN'T BEEN FILING. THAT SEEMS LIKE A REALLY LONG TIME. SO, UH, DURING COVID V I D, WE DID SEND OUT LETTERS THAT WE WERE NOT GOING TO BE SENDING OUT REMINDER NOTICES, AND IT, AGAIN, IT WAS BECAUSE DUE TO COVID. UM, BUT AS SOON AS THE ECONOMY STARTED TO COME BACK, WE STARTED TO MAIL OUT LETTERS AND THE LETTER DID STATE, UM, THAT DURING C O V I D WE WERE GIVING THEM, WE WERE NOT SENDING OUT NOTICES, BUT REPORTING WAS DUE REMAN. IS THAT MR. SPELMAN? DOES THAT ANSWER YOUR QUESTION? YES, MR. REMAN, SORRY, I JUST WANNA GET A CLARIFICATION OF WHAT THE CITY JUST SAID. SO WHAT YOU'RE SAYING IS THAT HE HAS NOT FILED ANY REPORTS OR HE'S FILED REPORTS OF ZERO INCOME? BOTH. SO HE DID NOT FILE ANY REPORTS UNTIL THE PERMIT WAS REVOKED, AND THE REPORTING THAT WAS SUBMITTED WERE ZERO REPORTS, EVEN THOUGH THERE HAS BEEN REVENUE GENERATED ROUGHLY OF ABOUT 147,000 SINCE THE PERMIT WAS ISSUED. AND A FOLLOW UP QUESTION FOR THE APPLICANT, WERE YOU AWARE THAT YOU NEEDED TO FILE, UM, REPORTS OF HOTEL AND OCCUPANCY TAX? I'M GONNA BE COMPLETELY STRAIGHT UP WITH YOU GUYS. UH, AND THANK YOU FOR YOUR TIME AGAIN, FOR, UM, THIS, I HAD A MEMBER OF MY STAFF THAT IT WAS TAKING CARE OF ALL OF THESE THINGS BECAUSE I TRAVEL BACK AND FORTH FROM MEXICO. I DO HAVE MY PERMANENT RESIDENCY IN SAN ANTONIO. SHE WAS TAKING CARE OF EVERYTHING AND SHE DID THE MISTAKE OF NOT REPORTING ANYTHING. AND MY DEFENSE, WE NEVER EVER GOT A, A NOTICE AT ALL IN ALL OF THESE YEARS. SHE'S BEEN WORKING WITH ME ALL OF THESE YEARS AND WE NEVER RECEIVED A NOTICE UNTIL I CALL, UM, I RECEIVED AN EMAIL. THAT WAS THE THING, THAT WAS THE FIRST EMAIL THAT I RECEIVED THAT MY DEPARTMENT WAS REVOKED. ONLY AFTER GETTING THAT EMAIL, THAT'S WHEN I CONTACTED THE FINANCE DEPARTMENT AND THEN WE TALK ABOUT IT AND THE DEVELOPMENT SERVICES TOO, LIKE FROM ALL OF THESE YEARS. THEN I TALKED TO THE MEMBER OF MY STAFF AND SHE'S LIKE, I'M SORRY, I FORGOT THIS IS WHAT IS GOING ON. UM, LONG STORY SHORT, WITH HER, SHE'S NO LONGER WORKING WITH US, BUT THAT'S WHAT IT WAS GOING, THAT'S WHAT IT BASICALLY HAPPENED. BUT YES, I DID KNOW THAT IT WAS, WELL, OF COURSE I RAN, I SIGNED THE WAIVER AND EVERYTHING WHEN WE DID THAT. SO THE EMAIL YOU'RE REFERRING TO THAT CAME FROM THE CITY OR FROM THE CITY? YES. FOR THE FIRST TIME IN YEARS, WE HAVE NEVER RECEIVED OR ANY KIND OF ENFORCEMENT THAT LETTER THAT SHE STATING, UM, NOT HER, BUT I MEAN THE CITY OF SAN ANTONIO JOURNAL, LIKE WITH COVID AND EVERYTHING, WE HAVE NEVER RECEIVED THAT LETTER. IF THIS IS THE THING I, IF I'M GONNA BE OPENING A BUSINESS IN SAN ANTONIO, WHY WOULD I WANT MY PERMITS TO BE REVOKED AND EVERYTHING THAT I SPENT AND, AND, UM, DID A CHANCE TO, UH, BUILD, JUST BE TURNED DOWN BECAUSE THIS PERMITS, YOU KNOW WHAT I MEAN? UM, AND THE ONLY REASON THAT I, UH, CLAIM SERIOUS BECAUSE SHE WAS DOING THE REPORTS, BUT I ALREADY TALKED TO THE CITY DEVELOPMENT PEOPLE TOO. IT WAS LIKE, I HAVE NO PROBLEMS WITH TAKING ANY, LIKE A PAYMENT ARRANGEMENT OR WHATSOEVER. AND NOW THOSE FIGURES THAT THEY'RE SAYING, UH, IT'S, [01:15:01] WE DIDN'T MAKE NOT EVEN CLOSE THE NEAR THAT MONEY, THEY'RE NOT ABLE TO, UH, TELL US EXACTLY HOW MUCH MONEY WE MADE OR HOW MANY RESERVATIONS OR WHAT, WHAT WAS OUR NIGHTLY RATE. THEY WERE SAYING THAT OUR NIGHTLY RATE WAS AROUND LIKE 200 A NIGHT, WHICH IS EVEN CRAZY FOR THE TYPE OF PROPERTY THAT THAT IS, UH, ESPECIALLY WITH THIS KIND OF ECONOMY TOO. UM, BUT OTHER THAN THAT, I HAVE NO PROBLEM LIKE SHOWING TO THEM LIKE WHAT WE CAN DO TO GET INTO AN PAYMENT AGREEMENT. BUT, UH, YEAH. SO I GUESS MY QUESTION WOULD ALSO BE, ALTHOUGH YOUR EMPLOYEE DIDN'T FILE THOSE REPORTS, THEY WOULD BE PART OF YOUR FINANCIAL STATEMENTS THAT WOULD SHOW TAXES BEING PAID. WELL, WE PAY, WE'VE, THAT'S THE THING. WE SHORT TERM RENTALS, WE PAY DIFFERENT KIND OF TAXES. AND ONE OF THE MAIN THINGS THAT AIRBNB DOES IN B R B O, WHICH IS GREAT, THEY ACTUALLY TRY TO PAY THE TAXES ON YOUR BEHALF WITH, UH, WITH THE STATE AND FEDERAL AND ALL OF THAT. NOW, MY TAXES, UH, WITH THAT AS A COMPLETELY DIFFERENT THING, RIGHT? , BUT I'M REFERRING TO HOT TAXES. HOT TAXES, YEAH. THAT WOULD BE PART OF YOUR FINANCIAL STATEMENTS THAT WOULD SHOW A, A LINE ITEM OF, OF THOSE BEING PAID. THAT'S WHAT I'M SAYING, LIKE, UM, MY, I'M SORRY, MY, THAT WAS A MISUNDERSTOOD. MY STAFF WASN'T MAKING THE JOB THAT IT WAS SUPPOSED TO. RIGHT. BUT YOU'RE THE OWNER OF THE BUSINESS? I AM THE OWNER OF THE BUSINESS, YES. OKAY. AND SO YOU WOULD REVIEW THOSE FINANCIAL STATEMENTS? I WILL REVIEW THOSE FINANCIAL STATEMENTS FOR SURE. THANK YOU. THANK YOU, MR. MANNA. LET'S SEE IF WE HAVE MR. MANNA. SO, UM, IS THIS THE ONLY SHORT-TERM RENTAL PROPERTY THAT YOU HAVE IN CITY OF SAN ANTONIO? I HAVE TWO, AND THAT'S ACTUALLY THE ONLY, THE OTHER ONE THAT I, I'M THE NEXT CASE AS WELL, WHICH IS THE SAME THING. SO THE OTHER ONE IS, YOU'LL BE SEEING US AGAIN FOR THE SECOND ONE? YEAH. OKAY. UM, AND I DO GOT SUPPORT FROM MY NEIGHBORS AS WELL AND EVERYTHING, AND I HAVE THE LETTERS WITH HIM, UH, IF YOU GUYS WANNA SEE THEM AS WELL. I JUST FORGIVENESS IN THIS MATTER AND I WOULD LIKE TO, UH, MAKE THINGS RIGHT WITH THE CITY OF SAN ANTONIO. ANY OTHER VASQUEZ FOR STAFF? YES. SO MR. VASQUEZ? YES. UH, FOR, FOR STAFF. UH, A SECOND QUESTION IS CONCERNING, UM, UH, YOU KNOW, THE, THE GENTLEMAN, UH, JUST, UH, INDICATED THAT HE RECEIVED AN EMAIL, BUT, UH, WHAT IS THE, THE CODE, UH, OR, OR YOUR OFFICE PRACTICE REQUIRE? IS IT TO SEND EMAILS OR TO SEND ACTUAL LETTERS OF NOTIFYING THE, THE, THE PARTIES WHEN THEY ARE DELINQUENT? SO WE DO BOTH. THE LETTER THAT WAS SENT OUT TO HIM WAS FIRST DONE VIA A REGULAR MAIL. RIGHT. AND DO YOU GUYS HAVE, UH, SOME KIND OF A, OF A PROCESS THAT, UM, INDICATES WHETHER THERE WAS A, UH, LIKE YOU DOCUMENT NO, NO REPLY RECEIVED, UH, TO THAT, UH, REGULAR LETTER. SO WE DO DOCUMENT IN THEIR FILES WHEN THE LETTERS ARE RETURNED UNDELIVERABLE, AND THERE WAS NO, YOU, YOU, YOU, YOU'LL, UH, IF, IF YOU DIDN'T GET ONE, UH, UH, REGARDLESS, YOU INDICATED, UH, THE, THE CONCLUSION WOULD BE THAT IT WAS, UH, DELIVERED, UH, AND RECEIVED. CORRECT. THANK YOU. THANK YOU, MR. VASQUEZ. ANY OTHER QUESTIONS FROM THE BOARD? OH, MACHACA. OKAY, MR. MACHACA. SO JUST A ADDED BIT OF CLARIFICATION ON THAT LAST FOR MR. VASQUEZ. SO YOU SAY THERE'S NO, LIKE, UM, UH, REGISTRATION OF THE LETTER TO SAY THAT HE GOT IT? NO, WE DO NOT SEND OUT CERTIFIED MAIL. IT'S A REGULAR MAIL FOR $50,000. YOU WOULDN'T SEND ONE OUT, UH, FOR MAKE SURE THAT HE GOT IT CORRECT. MANNA, UH, MR. MANNA. SO QUESTION FOR STAFF. UM, SO, SO I KNOW THAT, YOU KNOW, I KNOW IT'S NOT FEDERAL TAXES, BUT I KNOW THAT FEDERAL TAXES, I HAVE A DUE DATE AND EVERYTHING, AND IT'S UP TO ME. THERE'S NO NOTIFICATION FROM THE, FROM, FROM THE US GOVERNMENT TELLING ME THAT MY TAXES ARE DUE OUTSIDE OF EVERYONE JUST KNOWS IT, UM, IS, SO IF I DON'T PAY MY TAXES FEDERALLY, THERE IS A PENALTY, UH, THAT, THAT I ALSO INCUR. SO, UM, SO FOR THE HOT TAXES, IF, IF I DON'T PAY THEM, IS THERE A PENALTY TO ADD ON TOP OF THE EXISTING CHARGES? CORRECT. THERE IS PENALTY AND INTEREST. OKAY. THANK YOU. THANK YOU. UH, JUST FOR CLARIFICATION ON STAFF, THIS IS AN APPEAL, RIGHT? SO DO WE NEED THE NINE VOTES OR WHAT IS THE, UH, THE, UH, VOTING, UH, NUMBERS FOR THE MOTION TO PASS FOR APPEAL OR NOT PASS? YES. STILL STILL NINE VOTES. STILL NINE VOTES? YEAH, IT'S STILL THE SAME AS ANY OTHER CASE. OKAY. THANK YOU MRS. FILLMAN, UH, I HAD A QUESTION FOR STAFF TOO. I HAVE A, A AIRBNB RENTAL AND IF I DON'T PAY, YOU KNOW, I CAN'T EVEN PUT DOWN A ZERO, UH, YOU KNOW, INCOME IF I DIDN'T PAY IT THE MONTH BEFORE. SO, UH, IT, IT'S NOT POSSIBLE TO REPORT UNLESS YOU'VE ALREADY REPORTED, YOU KNOW, FOR THE MONTHS BEFORE THAT. UH, AND, AND I AM NOTIFIED PRETTY QUICKLY BY EMAIL, UH, IF I HAVEN'T [01:20:01] REPORTED, IS THAT THE CURRENT SITUATION WITH ALL THE AIRBNBS? I, I'VE ALSO PAID, UH, UH, I THINK ABOUT $4,000 IN BACK PENALTIES AND PAYMENTS BECAUSE I, I, YOU KNOW, APPLIED AT THE BEGINNING AND I'D HAD AN AIRBNB SINCE 2002. UH, SO I'M FAMILIAR WITH HOW THE PENALTIES ON THAT WORK. UH, HE WOULD BE SUBJECT TO ALL OF THOSE PENALTIES. UH, HE SHOULD HAVE REALLY KNOWN THAT HE NEEDED TO MAKE THOSE PAYMENTS OR PRETTY EARLY ON. UH, IS THERE ANY ENFORCEMENT, UH, LIKE IF, IF WE SAY, YOU KNOW, GRANT HIM, UH, YOU KNOW, HIS REQUEST, IS THERE ANY WAY FOR THE CITY TO MAKE HIM PAY? NO, I KNOW. AND LIKEWISE, IF THE VARIANCE IS NOT GRANTED, THERE'S NO WAY TO RECOVER THOSE BACK. CORRECT. GOTCHA. QUESTION, QUESTION AGAIN. OKAY, SIR. UH, AS YOU KNOW, YOU'RE THE OWNER OF THE BUSINESS, SO YOU HAVE TO, YOU CAN'T PUT THE RESPONSIBILITY OF THE EMPLOYEE, BUT, UH, QUESTION IS, IT STARTED IN AUGUST 11TH, 2020 FIRST, AND SINCE THAT TIME YOU HAVEN'T PAID. THANK YOU. OKAY. AND IF I'D LIKE TO KIND OF POINT OF ORDER HERE AND GO AHEAD AND MAKE FOR THE MOTION, MAKE MOTION, MS, PLEASE. OKAY. REGARDING CASE NUMBER BO A TWO TWO DASH HUNDRED 3 0 0 0 0 4, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE APPEAL FOR THE PROPERTY SITUATED AT 2 2 2 DRESDEN DRIVE, APPLICANT BEING LOUIS AGUIAR BECAUSE THE INFORMATION PROVIDED BY THE APPLICANT SHOWS THAT THE CITY STAFF MADE AN ERROR IN REVOKING THE SHORT TERM RENTAL PERMIT. SECOND, AND JUST FOR POINT OF A CLAR CLARIFICATION, IF YOU VOTE FOR THE, UM, THE APPEAL, THEN YOU'RE VOTING FOR THE APPLICANT. IF YOU VOTE AGAINST IT, IT'D BE VOTING, UH, UH, FOR, UH, THAT MAKES SENSE. OKAY. THANK YOU. SAY SAY THAT AGAIN. SAY THAT AGAIN. VOTING FOR THE APPEAL IS YOUR CITING WITH THE APPLICANT. THANK YOU. SAY, SAY AGAIN, MR. CHAIRMAN, IF YOU'RE VOTING FOR THE APPEAL, YOU'RE VOTING FOR THE APPLICANT'S CASE, HE'S MADE HIS CASE, SO YOU'RE VOTING FOR HIM. OKAY. THANK YOU. DO WE HAVE A SECOND WITH THAT? I'M SORRY. YEAH, I DO. OKAY. UH, LET'S TAKE A ROLL CALL. VOTE MS. KAPLAN. I DO NOT CONCUR, MR. ZUNIGA. I DO NOT CONCUR, MR. SPIELMAN. I DO NOT CONCUR. MR. MANCHACA DO NOT CONCUR, MS. LYNN? I DO NOT CONCUR. MS. CRUZ. I DO NOT CONCUR. MR. MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT, MR. VASQUEZ. I DO NOT CONCUR. MS. BRAGMAN. I DO NOT CONCUR WITH THE FINDINGS OF FACT CHAIR ZUNA. I DO NOT CONCUR. UH, FORTUNATELY, THE, WITH THE UNANIMOUS VOTE AGAINST THE, THE APPEAL DOES NOT PASS. PLEASE GET WITH STAFF AND LET THEM UNDERSTAND. UH, STEVE, PUT YOUR, YEAH. AND THE NEXT CASE IS YOURS TOO. DO WE MM-HMM. , GO AHEAD AND READ THE NEXT CASE. OKAY. HMM. YEAH. FOR THE NEXT ITEM, IT'S ALSO THE APPLICANT IS APPEALING THE ADMINISTRATOR'S DECISION TO REVOKE THE SHORT-TERM RENTAL PERMIT LOCATED AT 1315 WILLOW STREET. THIS IS IN DISTRICT TWO, THE APPLICANT IS LUIS AGUILAR. ZONING IS RESIDENTIAL SINGLE FAMILY AIRPORT HAZARD OVERLAY DISTRICT. THE APPLICANT INITIALLY APPLIED FOR THE S T R PERMIT ON AUGUST 11TH, 2021, AND STAFF APPROVED AND ISSUED THE PERMIT IN SEPTEMBER THE THIRD, 2021. SS T R OPERATORS ARE REQUIRED TO REPORT REVENUES TO THE CITY FINANCE DEPARTMENT ON A MONTHLY BASIS. THIS INCLUDES REPORTING $0 REVENUES IF NO INCOME WAS GENERATED. SECTION 16 11 10 D FROM THE CITY. UH, CODE CLEARLY STIPULATES THAT FAILURE TO FILE THESE MONTHLY REPORTS AND TO PAY THE ASSOCIATED HOT TAX CONSTITUTES A VIOLATION OF THIS CHAPTER. THE CITY'S FINANCE DEPARTMENT WHO MANAGED REPORTING AND COLLECTION SERVICES FOR THE CITY OF SAN ANTONIO NOTIFIED THE OWNER OF THE S T R ON DECEMBER 2ND, 2021 AND DECEMBER 13TH, 2022 PER SECTION 16 11 10 D. IT STATES THAT FAILURE TO TIMELY REPORT AND PAY HOT TAXES WITHIN 90 DAYS SHALL RESULT IN PERMIT REVOCATION. STAFF IS REQUIRED TO ENFORCE THE ORDINANCE THAT WAS APPROVED BY CITY ORDINANCE AND THEY REVOKED THE S D R PERMIT. WE REVOKED THE PERMIT ON DECEMBER 21ST, 2022. THE CITY FINANCE DEPARTMENT ESTIMATES THAT APPROXIMATELY $4,397 PLUS PENALTY AND INTEREST IS OWED IN HOT TAXES. AND STAFF [01:25:01] RECOMMENDS DENIAL OF THE APPLICANT'S REQUEST BASED ON THE FOLLOWING FINDINGS OF FACT, THE ORDINANCE REQUIRES THE STAFF REVOKE THE PERMIT FOR THE VIOLATION DESCRIBED IN THIS REPORT. THE OWNER AND OPERATOR OF THE SHORT-TERM RENTAL PERMIT VIOLATED THE S ORDINANCE BY FAILING TO TIMELY REPORT REVENUES AND PAYING THE HOT TAXES. THE OWNER OPERATOR FAILED TO COMPLY WITH THE ORDINANCE EVEN AFTER THE ATTEMPTS WERE MADE TO PAY ON HIS DELINQUENT ACCOUNT. AND STAFF DID MAIL 29 NOTICES ZERO WERE IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM THE GOVERNMENT HILL ALLIANCE NEIGHBORHOOD ASSOCIATION. AND THAT CONCLUDES, UM, STAFF'S PRESENTATION. THANK YOU. LET'S SEE IF WE HAVE ANY, UH, PUBLIC INPUT AFTER WE HAVE ONE VOICEMAIL. UH, WE USUALLY PLAY THAT AFTER THE, UH, APPLICANT'S PRESENTATION, BUT WE CAN PLAY IT NOW IF YOU'D LIKE. UH, PLEASE. YEAH, LET'S PLAY THAT AND THEN WE'LL GET THE APPLICANT UP. HI, THIS IS JULIA. YA, DO YOU WANNA PLAY? START OVER FELD ONE 20. HI, THIS IS JULIA ROSENFELD, 1 25 MUTH STREET, SAN ANTONIO, TEXAS SEVEN EIGHT TWO OH EIGHT. PHONE TWO ONE OH FOUR SEVEN THREE FIVE NINE SEVEN. CASE NUMBER IS BO A DASH 23 DASH OH 3 0 0 0 5. AND THE IT IS REGARDING, UM, THE VOCATION OF 1315 WILLOW STREET AND THE REVOCATION OF THEIR S C R PERMIT. I'M IN AGREEMENT WITH A REVOCATION. UM, I THINK, UM, THAT IF YOU'RE GOING TO HAVE A AN S C R, YOU NEED TO FOLLOW ALL OF THE RULES, NOT FILING REPORTS, NOT PAYING TAXES, THOSE AGAINST THAT AND IS AN INDICATION OF A POOR LANDLORD AND SOMEONE WHO, UM, DOES NOT RESPECT THE BENEFITS OF BEING GIVEN A SHORT-TERM RENTAL PERMIT. I AM A FORMER, UH, SHORT-TERM RENTAL OWNER, AND, UH, FOLLOWED ALL THE RULES. WAS IT A PAIN IN THE NECK? YOU BET. WAS IT WORTH IT? ABSOLUTELY. THANK YOU. BYE. THANK YOU. UM, AGAIN, THE APPLICANT. YOU'RE WELCOME. OKAY. IF YOU'D LIKE TO MAKE ANY COMMENT OR ANYTHING, IF YOU'RE WELCOME TO COME UP, I MEAN, IT'S THE SAME CASE PRETTY MUCH, AND I'VE ALREADY STATED EVERYTHING. UM, BUT THANK YOU FOR YOUR TIME. THANK YOU. AND MY QUESTION WAS, DID YOU, HAVE, YOU STILL HAVE THE OP OPPORTUNITY TO DO LONG-TERM RENTALS ON THE PROPERTY? UM, IT'S JUST THE SHORT-TERM RENTAL THAT THAT'S THE CHALLENGE HERE, RIGHT? HAVE YOU TRIED TO LONG-TERM RENTALS OR YEAH, THIS IS THE THING. I THINK IT'S KIND OF A, IT'S THE, WERE FAIR WILL BE A BAD USE OF IT. UH, I JUST THINK IT'S TO GET THIS NOTICE AFTER ALL OF THIS YEAR THAT THESE PEOPLE ARE HAVING OPERATING SHORT TERM RENTALS OF THE CITIZEN. ANTONIO, I WASN'T THE ONLY PERSON THAT HAS BEEN DEALING WITH THIS. AND WHAT, AND I TOOK THIS ACTION RIGHT AFTER I, I NOTICED THIS. I'M SURPRISED THAT I'M THE ONLY PERSON THAT HAS BEEN DEALING WITH THIS AT THIS MOMENT. AT THIS MOMENT. AND BECAUSE I WAS ABLE TO SEE THE AGENDA AS WELL, BECAUSE I KNOW THERE WERE MORE THAN A HUNDRED PEOPLE THAT HAVE BEEN DEALING WITH THIS SITUATION TOO. I THINK IT'S THOUSANDS. I MEAN, HOW MANY DO WE HAVE, UH, STAFF WE HAVE AND I YEAH, YEAH. I WAS JUST GONNA ASK JUST FOR, FOR PERMITS THAT HAVE BEEN REVOKED DUE TO HOT YES, MA'AM. UHHUH, UM, WE REVOKED ABOUT 180, I BELIEVE. OKAY. SO BASICALLY, UH, OUT OF THOSE 180, MAYBE LESS THAN 10 PEOPLE ARE TRYING TO GET THE THINGS RIGHT. AND I KNOW THAT I DID A MISTAKE AND I'M NOT SAYING THAT I, UH, TRYING TO ABATE IT TO ABATE IT, IT'S JUST I WANNA MAKE THINGS RIGHT. BUT IT, IT IS WHAT HAS BEEN DONE. BUT THANK YOU. YEAH. HEY, MR. MANNA, SO, UH, THIS QUESTION'S FOR CITY. I I DIDN'T GET TO ASK THIS QUESTION A LITTLE, A LITTLE WHILE AGO. SO, UM, IF IT IS THAT IT'S GRANTED, UM, AND, UH, 90 DAYS PASSES WITHOUT PAYMENT, UH, DOES HE GO BACK INTO THE QUEUE AND BACK INTO THIS PROCESS THAT WE'RE CURRENTLY DEALING WITH? IF YOU GRANT HIM FOR US TO REINSTATE HIS PERMIT, UH, YES. I MEAN, WE WOULD REVOKE THE PERMIT IF WE FIND OUT THAT HE HASN'T PAID AND IT'S BEEN 90 DAYS DELINQUENT. THANK YOU. THANK YOU. MR. MADAM. DOES THAT CHANGE ANYTHING OR DOES THAT, UM, WELL, YOU KNOW, I, I GUESS MAYBE A LITTLE BIT. SO I'M TRYING TO FIGURE OUT, YOU KNOW, SO WHAT'S THE RECOURSE FOR, FOR PEOPLE HERE IN THIS DIALOGUE? AND, AND SO, [01:30:01] YOU KNOW, IF I KNOW THAT 30 DAYS FROM NOW, OR 60 OR 90 DAYS FROM NOW, IF THEY'VE STILL MM-HMM. , YOU KNOW, ARE IN VIOLATION, THEN BASICALLY THEY'RE BACK ON THIS LIST. AND I'M THINKING THAT, YOU KNOW, THE SECOND DIALOGUE WOULD NOT BE ANYWHERE NEAR AS LENGTHY AS THE FIRST DIALOGUE. AND MY THOUGHT THERE WAS AN OPPORTUNITY FOR THE CITY TO CLAW BACK SOME OF THE HOT ATTACKS, WHICH THEY JUST WOULDN'T, I MEAN, HAVE THE ABILITY IF YOU VOTE AGAINST IT. SO, I, I DON'T, IT'S A TOUGH POSITION. SO YEAH. BRAGMAN, MS. BRAGMAN, THIS IS A QUESTION FOR THE CITY. SO I'M LOOKING AT THE TWO LETTERS THAT ARE PART OF THE PRESENTATION THAT WERE SENT OUT TO THE APPLICANT. IT APPEARS THAT ONE IS DATED DECEMBER 2ND, 2021. AND THEN THE FOLLOWING LETTER IS TO SAY, UH, DATED OVER A YEAR LATER DECEMBER 13TH, 2022. CORRECT. THE ONE FROM DECEMBER 2ND IS STATING DELINQUENT TAXES AND THE ONE FROM 2022 IS THE REVOCATION OF THE PERMIT. OKAY. SO THERE WAS QUITE A LONG PERIOD OF TIME BETWEEN THE FIRST LETTER AND THE SECOND LETTER CORRECT. WHERE THE APPLICANT WOULD HAVE AN OPPORTUNITY TO GET CAUGHT UP OR REACH OUT, CORRECT. OR OBTAIN A PAYMENT PLAN. WAS THERE, THIS IS ANDREW. SO WOULD, WOULD THERE HAVE BEEN A CORRESPONDING EMAIL THAT WENT OUT WITH EACH OF THOSE LETTERS AS WELL OR WAS IT ONLY THE LETTER GOING OUT? IT WAS ONLY A LETTER. OKAY. MM-HMM. , THANK YOU. ANY OTHER QUESTIONS? ALRIGHT, THANK YOU MR. LER. THANK YOU, SIR. UM, AT THIS POINT, PORTION ARE WE CLOSE THE PUBLIC PORTION AND ASK FOR A MEMBER OF THE BOARD TO MAKE A MOTION BRAGMAN MS. BRAGMAN, REGARDING CASE NUMBER BO O A DASH 22 DASH 0 3 0 0 0 5. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE APPEAL FOR THE PROPERTY SITUATED AT 1 3 1 15 WILLOW STREET, APPLICANT BEING LUIS AL AGUILAR BECAUSE THE INFORMATION PROVIDED BY THE APPLICANT SHOWS THAT THE CITY STAFF MADE AN ERROR IN REVOKING THE SHORT-TERM RENTAL PERMIT. END OF MOTION. SECOND. OKAY. SECOND. OKAY. SECOND. GOTCHA. OKAY. ALL RIGHTY. UH, ANY OTHER COMMENTS OR WOULD YOU LIKE TO JUST GO, GO AHEAD AND TAKE THE ROLL CALL VOTE. MS. BRAGMAN, I DO NOT CONCUR WITH THE FINDINGS OF FACT, MS. KAPLAN. I DO NOT CONCUR. MR. SPIELMAN. I DO NOT CONCUR. MR. MENCHACA DO NOT CONCUR. MS. LYNN? I DO NOT CONCUR. MS. CRUZ. I DO NOT CONCUR. MR. ZUNIGA. I DO NOT CONCUR. MR. MANNA. I DO NOT CONCUR. MR. VASQUEZ. I DO NOT CONCUR. CHAIR ASUNA. ACTUALLY, I'M GOING TO CONCUR ON THIS JUST FOR ABILITY FOR THE CITY TO KIND OF CLAW BACK, BUT UNFORTUNATELY THE, UM, MOTION AGAIN DOES NOT PASS. PLEASE GET WITH STAFF AND, UH, SEE WHAT YOUR, WHAT YOUR O OPPORTUNITIES ARE. CHANCE, I MEAN WITH YOUR OPTIONS ARE HERE. THANK YOU, SIR. THANK YOU. ALL RIGHT. DO YOU WANNA TAKE A FIVE MINUTE BREAK? ARE WE GOOD? YEAH. AT THIS POINT WE'LL TAKE A FIVE MINUTE BREAK OUR EIGHT MINUTE BREAK AND THE TIME IS 2 35. OKAY. THE TIME IS, UH, 2 43 AND THE BOARD OF ADJUSTMENTS IS BACK IN ONE. YEAH, THAT'S FINE. COME OVER HERE. OKAY, NEXT CASE. UH, STAFF IF YOU WANNA PROCEED WITH, UH, CASE, UH, 2 6 9, CASE B O A DASH TWO TWO DASH 1 0 3 0 0 2 6 9. THE ADDRESS IS 2 1 2 6 OAK RANCH COUNCIL DISTRICT NINE. THE APPLICANT IS AMY PATE. THE REQUEST IS FOR A TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT FENCE SITE TO ALLOW US EIGHT FOOT SOLID SCREEN PRIVACY FENCE ALONG THE SIDE. YARD ZONING IS R SIX RESIDENTIAL SINGLE FAMILY. THE SUBJECT PROPERTY IS LOCATED ALONG OAK RANCH IN ENCINO PARK. THE APPLICANT CONSTRUCTED A WOOD PRIVACY FENCE ALONG THE SIDE PROPERTY LINE WITH A, WITHOUT OBTAINING A FENCE PERMIT. THE CASE CAME FROM CODE ENFORCEMENT SERVICES. THE MAXIMUM HEIGHT PERMITTED FOR A SOLID FENCE ON THE SIDE IS SIX FEET. UPON THE SITE VISIT CONDUCTED BY STAFF, THE FENCE MEASURED EIGHT FEET AND HEIGHT AT THE HIGHEST POINT. HERE IS A PICTURE OF THE SITE PLAN AND THEY ONLY NEED THE VARIANCE FOR THAT SIDE PART OF THE FENCE. THIS IS THE PROPERTY IN QUESTION AND HERE IS A PICTURE OF THE FENCE. AND FROM THE OTHER SIDE, HERE'S THE MEASUREMENT AND THEN THE SURROUNDING AREA. STAFF RECOMMENDS DENIAL IN THIS CASE BASED ON THE FOLLOWING FINDINGS OF FACT. ONE, THE WOOD PRIVACY FENCE WAS CONSTRUCTED ON THE SIDE PROPERTY LINE WITHOUT AN ISSUE PERMIT. TWO, THE PRIVACY FENCE IS OUTTA CHARACTER FOR THE NEIGHBORHOOD AS MOST NEIGHBORING PROPERTIES HAVE SIX FOOT FENCES. AND THREE, THE PROPERTY DOES NOT INCLUDE ANY ABNORMAL PHYSICAL FEATURES SUCH AS EXCHANGE IN ELEVATION OR SLOPE. [01:35:02] WE MAILED 24 NOTICES OUT ONE IN FAVOR INSIDE OF THE 200 FEET AND ONE IN FAVOR OUTSIDE OF THE 200 FEET. NONE IN OPPOSITION AND THERE IS NO REGISTERED NAME, NEIGHBORHOOD ASSOCIATION. AND THAT CONCLUDES STAFF PRESENTATION. THANK YOU. IS THE APPLICANT HERE WHO, UH, PLEASE STATE YOUR, UH, YOUR NAME FOR THE RECORD, PLEASE. CORBIN PATE CORBIN PATE 2 1 2 6 OAK RANCH. OKAY, LET'S PROCEED. UH, YES. UH, FIRST OF ALL, IF I HAD A KNOWN YOU HAD TO HAVE A PERMIT TO REPLACE A FENCE, I WOULDN'T BE STANDING HERE. UH, MY NEIGHBOR TO THE WEST OF ME PUT HIS, HE CAME TO ME SAYING HE WAS GONNA PUT UP AN EIGHT FOOT FENCE ALL THE WAY AROUND, ROAD INCLUDED. UM, AND HE CAME OVER AND TALKED TO ME ABOUT IT, ASKED DID I HAVE ANY, YOU KNOW, DISAGREEMENTS OR ANYTHING. I'M LIKE, NO, YOU CAN DO WHAT YOU WANT. AND I SAID, YOU KNOW, ACTUALLY WHEN WE'RE STANDING ON OUR DECK ANYWAY, WE SEE EVERYTHING. AND HE GOES, YEAH, IT'S JUST KIND OF ONE OF THEM THINGS WHERE, SO HE PUT IT UP. IT WAS PROBABLY TWO MONTHS BEFORE I WENT AHEAD AND PUT MINE UP BECAUSE JUST SITTING THERE LOOKING AT HIS, AND THEN IT JUST OBSCURED THE WHOLE YARD. UM, SO THEN I WENT TO MY NEIGHBOR, WHICH IS THE YARD TO THE ENTRANCE, THE LAST HOUSE TO THE ENTRANCE. AND I TOLD HIM, I'M LIKE, HEY, I'M THINKING ABOUT DOING THIS. I KNOW YOU DON'T EVEN HAVE, HE GOT CONCRETE ON YOUR OTHER SIDE. SO, UH, I SAID, I'LL PAY FOR YOUR ENTRANCE TOO IF YOU WANT TO. AND HE GOES, YEAH, BECAUSE WHEN YOU'RE OUT THERE GRILLING AND STUFF, WE, YOU SEE RIGHT IN OUR KITCHEN WINDOW, WE SEE YOU TOO. AND STUFF LIKE THAT. SO I, UH, I DID NOT KNOW YOU NEEDED A PERMIT. SO I GOT AHOLD TO MY NEIGHBOR AND SAID, HEY, I'M GONNA GO AHEAD AND EVEN UP AND, UH, IF YOU GIMME THAT CONTACT. AND THEN CODE ENFORCEMENT CAME OUT THERE AND I JUST HAPPENED TO BE COMING THROUGH FOR LUNCH ONE DAY WHEN THEY WERE DOING THE CONSTRUCTION AND CODE ENFORCEMENT STOPPED ME AND I'M LIKE, HEY, I HAD NO IDEA. HE SAYS, YOU GOTTA GO IN AND PUT ON A PERMIT. IT'S GONNA BE ABOVE, UH, THE SIX FOOT. SO YOU WOULD HAVE TO, I FORGET WHAT I HAD TO DO ANYWAY, I HAD TO GET AHOLD OF SOMEONE ELSE, PAY ANOTHER 400. AND, UH, I THOUGHT THAT WOULD TAKE CARE OF IT. I JUST, JUST IGNORANCE ON THAT PART. UM, AND THEN I GOT THE LETTER, OR MY WIFE GOT THE LETTER STATING THAT. SO I WENT TO MY OTHER NEIGHBOR AND I'M LIKE, HEY, WHY DON'T YOU, HE'S A REAL ESTATE GUY. I'M LIKE, WHY DON'T YOU TELL ME? MM-HMM. , YOU KNOW, WE HAD AN ISSUE WITH THIS STUFF. AND HE GOES, I DIDN'T GET ANYTHING. UM, MINE'S FINE. SO, UH, THEN ON JANUARY 19TH, HE GOT AHOLD OF ME AND SAID, UH, DEVELOPMENTAL GOT AHOLD OF HIM, BUT HE GOT HIS PASSED. AND I GO, OKAY, WELL I GOTTA GO TO A HEARING NOW. SO HE'S LIKE, WELL JUST GO TO DOWN THERE. AND I'M LIKE, UH, I'M, YOU KNOW, I JUST GO TO THE HEARING, IT'S LOCKED IN. I'M NOT GONNA TRY TO FIGHT THAT. SO, UH, BUT HE SAID, MINE GOT APPROVED. SO I'M LIKE, WELL, I JUST GOT ONE SIDE AND IT WAS 'CAUSE HE DID HIS, SO THAT'S WHY I'M STANDING HERE RIGHT NOW. OKAY. LET'S, UH, SEE IF ANY, UH, QUESTIONS, UH, PRESENTATION. OH, DID YOU WANNA GO THROUGH YOUR PRESENTATION OR DID YOU? UH, YES. I MEAN IT'S KIND OF, THAT'S JUST SOME OTHER ONES I FOUND IN THE NEIGHBORHOOD, BUT I MEAN, YOU GUYS WANT TO STICK TO THE FACTS. SO, SIR, CAN YOU SPEAK INTO THE MICROPHONE THOUGH? I, I THINK, I THINK THAT'D BE PART OF YOUR TESTIMONY, RIGHT? IS THAT THE OTHER NEIGHBORS AROUND THE SCENE? YEAH, THERE'S ABOUT THAT IS THERE'S, AND THAT'S RIGHT ACROSS FROM ME, BUT YOU'LL SEE THAT AGAIN, THAT'S ACTUALLY IN MY BACKYARD LOOKING ACROSS. BUT THERE'S, I THINK ON THE PREVIOUS ONES HE JUST FLEW THROUGH. THERE'S ONE DO YOU HAVE A PICTURE OF THE NEIGHBOR IN QUESTION? THE ONE THAT HAD THE EIGHT FOOT FENCE? UH, NO, I DON'T HAVE A PICTURE OF HIM. BUT THAT PICTURE HE SHOWED YOU IS HIS YARD. I'M AT THE FENCE, YES, SIR. OKAY. THAT'S PART OF HIS FENCE. AND YOU'LL SEE IT. YES. OKAY. SO THERE'S PROBABLY FOUR OR FIVE OTHER PLACES I'VE SHOWN HERE AND THERE. AND THIS IS WHEN YOU COME INTO THE ENTRANCE OFF OF 2 81 INTO ENCINO PARK AT THE FOUR-WAY. THERE'S ONE RIGHT THERE AT THE FOUR-WAY STOP. I NEVER EVEN PAID ATTENTION TO IT UNTIL I GOT LOOKING , SO, UM, I HEAR YOU. BUT YEAH, I, THE PREVIOUS PHOTOS WERE PROBABLY FOUR OR FIVE PROPERTIES THAT THIS IS MY BACKYARD AND, UH, THAT'S LOOKING TO MY NEIGHBOR TO THE EAST. THE ONE SIDE THAT I PUT UP THE, ON YOUR RIGHT SIDE HERE, THAT'S MY NEIGHBOR TO THE WEST THAT HE HAD HAD HIS UP A COUPLE MONTHS BEFORE I PUT MINE. AND IF YOU WERE TO ZERO IN, WELL THERE'S ANOTHER PICTURE. GO TO ANOTHER ONE. I'M SORRY. UM, OF COURSE THE ONE ON THE LEFT IS MY NEIGHBORS THAT HE HAD HAD HIS UP AND GOT APPROVED. AND THEN THE ONE ON THE RIGHT SIDE IS THE, THE SIDE I DID RIGHT THERE. UM, GO AHEAD. UM, THAT'S FROM THE FRONT YARD. THE PICTURES YOU GUYS HAD EARLIER. I GOT IT STAINED TOO. SO THERE'S TWO GATES THERE, MY NEIGHBOR ON THE END. SO ONE THING I WAS GONNA DO, THERE'S A BIG OAK IN FRONT. UM, I'VE JUST RIGGED LANDSCAPED. SO AT THE EDGE OF THE HOUSE THERE'LL BE A TALL HOLLY IN BETWEEN THE FENCES. [01:40:02] I WAS EVEN GONNA PUT JUST A GO AHEAD AND BUY ONE ALREADY TO MATURE LIKE A SIX FOOT HOLLY TO PUT IN THE MIDDLE OF THAT. AND ON THE OTHER SIDE TOO, WHERE MY NEIGHBOR HAD HIS. SO THE FENCES HAVE BEEN STAINED SINCE THEN. THANK, AND I DON'T HAVE ANYTHING ON THE BACK WALL. THANK YOU, MR. CHAIRMAN. UH, ONE SECOND. LET'S SEE. IS THERE ANY, UM, COMMENT FROM NEIGHBORS OR WE HAVE ONE ONE VOICEMAIL. LET'S GO AHEAD AND PLAY THAT. MY NAME IS GREG SEGGERMAN AT 2 1 3 0 OAK RANCH. CASE NUMBER LAST THREE DIGITS 2 6 9. I'M CALLING IN REGARDS TO THE, UH, TWO FOOT SPECIAL EXEMPTION, UH, FOR THE FENCE FOR MY NEIGHBOR, CORBIN PATE. UH, I AM HIS DIRECT NEIGHBOR AND I AM PERFECTLY FINE WITH IT. UH, ACTUALLY WE HAVE A DECK AND WHEN WE STAND OUT ON THE DECK WE CAN LOOK DIRECTLY INTO THEIR BACKYARD. SO FOR US, THE PRI EXTRA PRIVACY IS, UH, GREAT. UH, IT'S A BEAUTIFUL FENCE AND WE'RE HAPPY WITH IT. HOPEFULLY WE CAN KEEP IT. ALRIGHT, LET'S SEE. THAT'S THE END OF THE PUBLIC COMMENTS. YES, SIR. OKAY. UH, MR. ZUNIGA, DID YOU HAVE A QUESTION? YES, SIR. YOU STATED THAT YOUR NEIGHBOR GOT APPROVED FOR AN EIGHT FOOT FENCE? YES, ON, HE PUT HIS IN, I WOULD SAY PROBABLY OCTOBER, POSSIBLY ABOUT TWO MONTHS BEFORE MINE. BUT HE DID NOT GET A PERMIT AT THAT TIME. AND HE'S A REAL ESTATE GUY, HIM AND HIS WIFE. UM, SO THEREFORE WHEN I ASKED HIM, HEY, CAN I HAVE YOUR CONTACT? HE DIDN'T SAY ANYTHING. SO THAT'S WHY I WAS SURPRISED WHEN, UH, DEVELOPMENTAL SERVICES, CODE ENFORCEMENT CAME OUT TO ME. AND I THINK I TOLD THE GUY RIGHT THEN, I'M LIKE, GOLLY, MY NEIGHBOR'S A REAL ESTATE GUY AND HE DIDN'T EVEN SAY ANYTHING. OKAY. UM, BUT IT GOT APPROVED, HE SAID, ON THE 19TH. OKAY. SO THE QUESTION'S FOR STAFF, STAFF AFTER WE HAVE ANY RECORD OF THAT, UH, PERMIT, UH, THAT THAT'S WHAT I WAS GONNA ASK. UH, WE DO NOT HAVE ANY VARIANCE, UM, APPROVED FOR, FOR THAT, UH, BLOCK. I'M LOOKING FOR THE PERMITS RIGHT NOW. AND MY QUESTION FOR THE APPLICANT, UM, DO YOU KNOW WHO, WHO BUILT THE FENCE FOR YOU? AND, AND, UH, YES, I HAVE HIS CONTACT, YES. OKAY. 'CAUSE OBVIOUSLY THEY WOULD KNOW THAT THE YEAH, HE DIDN'T NECESSARY FOR A BUILDING. YEAH, I JUST, SO YEAH, I JUST WENT WITH THE OKAY. WHAT I SAW, UM, WE MIGHT WANNA HAVE, HEY, ONE FOR THE WRECK. UH, ONE THING WHEN, WHEN CODE ENFORCEMENT CAME OUT AND TOLD ME THAT, AND I WAS SURPRISED THAT, I'M LIKE, WELL, NUMBER ONE, I DIDN'T KNOW YOU EVEN NEEDED A PERMIT TO, TO REPLACE A FENCE. UM, I COULD UNDERSTAND PUTTING A FENCE IN. UM, UH, AND I TOLD HIM, I SAID, WELL, WHAT HAPPENED TO MY NEIGHBOR? HIS IS ON ALL FOUR SIDES. AND HE GOES, NO. HIS COMMENT, I BELIEVE, AND DON'T LEMME PUT WORDS IN HIS MOUTH, BUT I THINK HIS COMMENTS WERE ALONG THE LINES OF NO ONE, I GUESS IT TAKES A COMPLAINT, RIGHT? SOMEONE TO SAY THEY'RE PUTTING IN A, NOT NECESSARILY IT COULD, BUT HE SAID, NO, THIS DIDN'T COME UP WITH US. OR SOMETHING ALONG THOSE LINES. I, I TOOK IT THAT MS. KAPLAN QUESTIONS, UH, FOR THE CITY, UH, ONE IS HOW DID THIS COME UP? AND TWO IS THERE SEEMED TO BE EXAMPLES OF OTHER, UH, HOUSES WITH EIGHT FOOT FENCES IN THE NEIGHBORHOOD ARE IS CODE ENFORCEMENT GOING AFTER THEM TOO? SO WE DEDUCTED FROM CODE ENFORCEMENT, OBVIOUSLY, AND THEN WE OBSERVED THE LEFT AND RIGHT HOUSES ALSO HAVING A VIOLATION. HOW DID YOU SAY THAT? IT JUST CODE COMPLIANT. IT WAS JUST CAME UP THROUGH CODE COMPLIANT. THROUGH CODE COMPLIANT. RIGHT. UH, WE DID OBSERVE THE HOUSE TO THE LEFT AND RIGHT. ALSO HAVING THE SAME ISSUE AND WE INFORMED CODE COMPLIANCE. UM, THERE IS NO VARIANCE APPROVED ANYWHERE ON THAT BLOCK. THERE IS, UM, THERE IS A PERMIT, WHICH I'M TRYING TO FIND OUT HOW IT GOT APPROVED BECAUSE IT'S STATING IT HAS A FENCE. UM, SO I'M GONNA DO SOME RESEARCH ON HIS NEIGHBORS ON HOW HIS PERMIT GOT APPROVED. IT'S 2 1 2 2, CORRECT. YEAH. SO IS A PERMITTED, OKAY. AND THEN I DIDN'T EVEN, UH, YOU KNOW, UNTIL THIS CAME ABOUT, MY NEIGHBOR POINTED AND HE GOES, ACTUALLY LOOK RIGHT ACROSS THERE. AND WHEN YOU'RE IN MY BACKYARD, I JUST NEVER, SO MR. MAN, I'M SORRY. UM, YES, THEY DO HAVE A POOL IN 21, 22. THAT'S WHY THEY HAVE THE, THAT'S WHY THEY PERMITTED THE EIGHT FOOT FENCE. THANK YOU. I WAS GONNA ASSUME THAT, SO ONE OF THE, ONE OF THE THINGS THAT THE CITY PASSED RECENTLY WAS IF YOU HAVE A POOL THEN BY RIGHT. YOU CAN HAVE AN EIGHT FOOT FENCE. AND SO, SO PEOPLE WITH POOLS, UM, ARE ABLE TO DO THAT NOW. UM, SO, SO QUESTION, DO YOU HAVE, UH, AN H O A IN YOUR, IN YOUR COMMUNITY, SO SOMEONE TAKE CARE OF THE COMMON GROUNDS AND, UH, NO. SO NO. I MEAN WE PAY FOR THE ENTRANCE AND THE POOL. AND SO IS THAT TENNIS COURTS? SO IS THAT THROUGH THROUGH [01:45:01] AN H O A OR, OR JUST I GUESS WHO MANAGES THAT? JUST OUR COMMUNITY. THE COMMUNITY VIEWS? YES. YES. OKAY. YES. THERE'S A CLUBHOUSE, WELL, KIND OF A CLUB. IT'S A WAY OLDER NEIGHBORHOOD. ENCINO PARKS, LIKE EARLY EIGHTIES, I WOULD SAY. BUILT. OKAY. THANK MR. CHAIRMAN. MS. TWO, TWO STAFF. UH, MR. ZUNIGA. UH, MISS MS. BRAGMAN, I, I'VE RECOGNIZED THIS FRAGMENT. THANK YOU CHAIR. UM, SO THIS IS JUST CLARIFICATION FOR THE APPLICANT. YOU DON'T NEED A, A PERMIT TO REPLACE A FENCE. ONLY IF IT'S, IS IT 50% OF THE FENCE GETS REPLACED? THAT YOU NEED A PERMIT? MORE THAN 25%. MORE THAN 25%. OKAY, BUT IN YOUR CASE IT'S BECAUSE IT'S EIGHT FOOT. OKAY. OKAY. YEAH. AND I WAS JUST TRYING TO MATCH THE OTHER 'CAUSE IT, MR. ZUNIGA GOT LOOKING BAD. MY QUESTION TO STAFF IS, WHEN WAS, UH, THEY APPROVED, HIS NEIGHBOR APPROVED? HE SAID HE HAD ONE THAT WAS APPROVED. WHEN WAS THAT? UH, JANUARY OR, YEAH, LAST MONTH. JANUARY 19TH. I GOT A TEXT FROM MY NEIGHBOR SAYING, AND THAT WAS MR. . THAT WAS, UH, FOR CONSIDERATION OF THAT WAS BECAUSE OF THE POOL, WAS KIND OF THE SPECIAL CONSIDERATION FOR THAT PERMIT. THEY WERE ALLOWED BY RIGHT TO HAVE AN EIGHT FOOT FENCE AROUND A POOL JANUARY 19TH. ALRIGHT. ANY OTHER QUESTIONS FOR THE APPLICANT? OKAY, THAT WOULD CLOSE THE PUBLIC PORTION I'D ASK FOR, OH, MR. ACK. I'M SORRY. UM, JUST A QUESTION. UM, UH, THE EIGHT FOOT FENCE, WAS IT BUILT BEFORE 1 23? MY NEIGHBOR'S? YES. OH, HIS WAS IN OCTOBER, SO. OH, OKAY. I GOT MINE DONE LIKE TWO WEEKS BEFORE CHRISTMAS. 'CAUSE I JUST, I DO A LANDSCAPING'S. MY, I LIKE DOING THAT. SO IT JUST ONE EIGHT FOOT AND ONE, IT JUST, SO I SAID I'LL JUST REPLACE IT. I SEE. AND HOW DOES THAT PLAY WITH STAFF IF HE DID IT BEFORE? SO THIS DOESN'T ACCOUNT NOW THE EIGHT FOOT THEN, RIGHT. IT LOOKS LIKE HE APPLIED FOR IT IN JANUARY, SO MOST LIKELY HE WAITED OUT UNTIL THE RULES CAME INTO EFFECT AS MY GUESS. OKAY, THANK YOU. I DON'T THINK HE KNEW . YEAH. UH, FOR CITY STAFF, IF WE APPROVE THIS, DOESN'T THAT PUT US IN AN AWKWARD POSITION FOR THE OTHER FENCES THAT ARE ADJOINING HIS AND ALSO OUR, UH, EIGHT FEET. SO THE ONES THAT JOINING TO THE LEFT IS FINE. I'M SORRY. THE ONES THAT JOIN TO THE RIGHT IS FINE BECAUSE THAT'S ALREADY BEEN APPROVED, UH, BECAUSE OF THE POOL. UH, WE ALREADY INFORMED CO COMPLIANCE ABOUT 2130 BECAUSE THAT ALSO HAD THE EIGHT FOOT FENCE ON THAT SIDE. UH, AND I BELIEVE REAR I GOTTA DOUBLE OBJECT. SO, SO IT'S PRETTY HARD FOR US TO DENY, DENY, DENY THIS ONE WITHOUT DENYING THE NEXT ONE. AND SAME THING WITH MAY. IT WOULD BE BASED, YOUR DENIAL WOULD BE BASED ON THIS BLOCK, ON THIS LOT, NOT ANYBODY ELSE'S. EACH CASE STANDS ON ITS OWN, UH, FOR ITS OWN UNIQUE, UH, WHETHER IT'S A PRIVACY ISSUE THAT, UH, MR. PATE BRINGS UP OR THE POOL SECURITY OR ELEVATION DIFFERENCES. THE ONE I PUT UP, THE NEIGHBOR BESIDE ME WHERE I PUT IT UP AND ASKED HIM, HE IS ON THE, HE IS ON THE CORNER. THAT'S IT. AS FAR AS THAT WAY, I GUESS YOU COULD SAY. THANK YOU MR. PATE. UH, THAT CLOSES A PUBLIC PORTION. AGAIN, I'D ASK A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION. YES, BRAGMAN UH, MS. BRAGMAN REGARDING CASE NUMBER B O A DASH 22 DASH 0 3 2 69, I MOVE THROUGH THE BOARD OF ADJUSTMENT GRAND REQUEST FOR TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT FENCE HEIGHT TO ALLOW AN EIGHT FOOT SOLID SCREEN PRIVACY FENCE ALONG THE SIDE YARD SITUATED AT 2 1 2 6 OAK RANCH. APPLICANT BEING AMY PATE BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE ADDITIONAL OFFENSE HEIGHT IN THE FRONT IS SIMILAR TO OTHERS IN THE AREA. STAFF FINDS THE REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE. B. THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED. THE FENCE IS UNLIKELY TO DISTURB THE PIECE OF THE NEIGHBORHOOD AND FITS IN WITH THE CHARACTER OF THE NEIGHBORHOOD. THE FENCES SOLID SCREEN WOULD SERVE THE PUBLIC WELFARE AND CONVENIENCE. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. PRIVACY FENCES ABOVE THE SIX FOOT MAXIMUM PERMITTED WERE OBSERVED IN THE DIRECT NEIGHBORING PROPERTIES. THEREFORE, THE ADDITIONAL HEIGHT WOULD NOT BE, THE ADDITIONAL HEIGHT WOULD NOT SUBSTANTIALLY INJURE OTHER PROPERTIES IN THE NEIGHBORHOOD. D THE SPECIAL EXCEPTION WILL NOT ALTER THIS ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH SPECIAL EXCEPTION IS SOUGHT. THE ADDITIONAL HEIGHT FOR FRONT YARD FENCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THERE WERE OTHER SIMILAR FENCE HEIGHTS IN THE AREA. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE AND ESTABLISHED BY THE [01:50:01] SPECIFIC DISTRICT. THE CURRENT ZONING PERMITS THE CURRENT USE OF A SINGLE FAMILY HOME. THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. END OF MOTION. SECOND. SECOND. ALRIGHT. ANY DISCUSSION ON THE MOTION? I, I KNOW THAT THERE ARE OTHER FENCES THERE IN THE AREA, UM, THAT IT SOUNDS LIKE D S D IS PROBABLY GOING TO BE ADDRESSING. UH, AND OBVIOUSLY THE ONE NEXT DOOR THAT HAS THE POOL IS FOR A SPECIFIC REASON THAT'S, UH, ALLOWED BY CODE. UM, SO I'M HAVING A HARD TIME WITH THIS. UM, BECAUSE JUST BECAUSE THE OTHER PROPERTIES HAVE THEM DOESN'T MAKE IT RIGHT. SO YEAH. AND IGNORANCE OF THE LAW DOESN'T NECESSARILY MAKE IT RIGHT. AND I ALSO AGREE IT'S, IT'S REALLY HARD INFORMATION NEIGHBORS, BUT THEY GAVE MISINFORMATION AS TO WHAT THE RIGHT HEIGHT IS. SO I ALSO HAVE A HARD TIME WITH THIS MR. CHAIRMAN? YES. UH, SIR. UH, IS THERE LIKE A FRIENDLY MOTION TO THIS? DO WE HAVE WHAT NOW? UH, UH, AFTERWARDS WE MAKE A, WE CAN MAKE A FRIENDLY MOTION JUST FOR THE FRONT PART? YES. DO YOU WANT TO, UH, WELL, THE MAKER OF THE MOTION WOULD ACCEPT THE FRIENDLY AMENDMENT TO THE MOTION. A FRIENDLY AMENDMENT FOR THE FRONT PART TO BE SIX FEET. UH, YEAH. WELL THAT'S WHAT WOULD WOULDN'T THAT BE WHAT IT WOULD BE IF WE DENY IT? WELL ISN'T THAT WHAT HAPPENS? THE SIDES WOULD BE EIGHT FEET. THE FRONT, THE SIX FEET WOULD ONLY APPLY TO THE FRONT WITH THE AMENDMENT, OTHERWISE IT'D HAVE TO BE SIX FEET ALL AROUND THE ENTIRE PERIMETER OF THE PROPERTY. IS THAT, WHAT IS THAT, IS THAT CORRECT? STAFF? THE FRIENDLY AMENDMENT WAS TO, UM, REQUIRE SIX FEET ON THE FRONT. AND SO ANY OF THE PORTION OF THE FENCE THAT IS IN FRONT OF THE FRONT FACADE OF THE HOUSE WOULD BE SIX FEET ASIDE. AND THEN THE SIDE IN REAR WOULD BE EIGHT FEET. IT WOULDN'T BE TO THE FRONT FACADE, IT WOULD JUST BE THE, I GUESS IN LINE WITH THE FRONT FACADE IN LINE. IN LINE WITH THE FRONT. YEAH, BECAUSE IT'S JUST RIGHT. SO IT'S SIX FEET. SO YEAH, IF WE TURN IT DOWN IT'S SIX FEET THE FENCE, RIGHT? ALL THE WAY AROUND. YEAH, THAT'S RIGHT. BUT, BUT OTHERWISE IT'D BE EIGHT FEET THAT HE'D BE ALLOWED TO HAVE THE REAR AND THE SIDE IF WE ON THE ONE SIDE, YEAH, ONE SIDE. I DON'T THINK FRIENDLY AMENDMENT IS NEEDED. WELL, SO THE RESULT WOULD BE THAT IT WOULD HAVE TO BE SIX FEET ALL THE WAY AROUND AS OPPOSED TO MR. MENCHACA SUGGESTING SIX FEET IN FRONT, BUT EIGHT FEET ON THE SIDE. SO ARE YOU ACCEPTING THE FRIENDLY AMENDMENT? YES. OKAY. SO WHAT, DOES EVERYBODY UNDERSTAND WHAT THE FRIENDLY AMENDMENT IS FOR? YES. OKAY, WITH THAT. UM, SO DO WE, MR. SUSAN AHEAD AND, UH, TAKE THE VOTE. TAKE THE VOTE. OKAY. WE'RE READY FOR ROLL CALL. VOTE MS. MOND. YES, IT'S ACCEPTED. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN, I I DO NOT CONCUR WITH THE FINDINGS OF FACT MR. SPIELMAN. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. MENCHACA. I DO NOT CONCUR. MS. LIND, I DO NOT CONCUR. MS. CRUZ. I CONCUR. MR. ZUNIGA NO, I DO NOT CONCUR MR. MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. VASQUEZ. I DO NOT CONCUR WITH THE FINDINGS OF FACT CHAIR ZUNA. I DO CONCUR. UNFORTUNATELY WITH THE FINDINGS WITH THE EIGHT TO UH, EIGHT AGAINST THE TWO, THE MOTION DOES NOT PASS. UH, PLEASE GET WITH STAFF FOR YOUR UH, OPTIONS. THANK YOU. NEXT CASE, PLEASE BO O A DASH 23 DASH 1 0 3 0 0 0 1 ADDRESS BEING 1 2 6 IN CITY COUNCIL DISTRICT NUMBER FIVE, APPLICANT BEING ANGELA AGA AE REQUEST FOR A 770 SQUARE FOOT VARIANCE FROM THE MINIMUM 4,000 SQUARE FEET SQUARE FOOT, LOT SIZE REQUIREMENT TO ALLOW A LOT TO BE 3,230 SQUARE FEET. AND THE CURRENT ZONING IS R FOUR. THE SUBJECT PROPERTY IS LOCATED ALONG THE INTERSECTION OF HUERTA STREET AND SOUTH SLO STREET. THE APPLICANT IS PROPOSING A VARIANCE TO THE MINIMUM LOT SIZE TO CONSTRUCT A NEW SINGLE FAMILY RESIDENTIAL DWELLING UPON S SITE VISITS. STAFF OBSERVED SMALLER LOTS IN THE IMMEDIATE AREA. ADDITIONALLY, THE ABUTTING [01:55:01] PROPERTY WAS GRANTED A LOT SIZE VARIANCE REQUEST TO CONSTRUCT THE SINGLE FAMILY HOME BY THE BOARD OF ADJUSTMENT IN 2021. THE ISSUANCE OF A BUILDING PERMIT APPLIED ON SEPTEMBER 9TH, 2022 IS PENDING THE OUTCOME OF THE BOARD. AND THIS IS THE SITE PLAN, THE SUBJECT PROPERTY, AND THIS WAS THE OVERGROWN YARD INVESTIGATION SEEN DURING SITE VISITS AND THE SURROUNDING AREAS. STAFF RECOMMENDATION FOR THE LOT SIZE VARIANCE. STAFF RECOMMENDS APPROVAL FOR A 770 SQUARE FEET VARIANCE FROM THE MINIMUM 4,000 LOT SIZE REQUIREMENT TO ALLOW A LOT TO BE 3,230 SQUARE FEET IN BO O A DASH 23 DASH 0 3 0 0 0 1 BASED ON THE FOLLOWING, ONE, THERE ARE LOTS WITH SIMILAR SIZE AND DIMENSIONS FOUND IN THE IMMEDIATE AREA, AND TWO, THE VARIANCE TO THE MINIMUM LOT SIZE WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES AS THE ABUTTING NEIGHBOR UNDERWENT A VARIANCE REQUEST. AND WAS APPROVED, AND THIS WAS THE NOTIFICATION PLAN. STAFF MET WITH 46 NOTICES, ONE IN FAVOR, A ZERO IN OPPOSITION, AND WE RECEIVED NO RESPONSE FROM SAN JUAN GARDENS AND COLLINS GARDEN NEIGHBORHOOD ASSOCIATIONS. THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. ALRIGHT, AND THE APPLICANT PLEASE COME FORWARD. PLEASE STATE YOUR NAME FOR THE PRESENTATION. ANGELA, I CANGA. CAN YOU, IT'S ANGELA AGA. I, I CAN'T HEAR YOU. OH, JUST CLOSER TO, OKAY. IT'S ANGELA AGA. OKAY. AND 1 2 6 JUTA STREET. OKAY. THANK YOU. MM-HMM. . UH, CAN YOU TELL US WHY YOU'RE SEEKING THE, THE VARIANCE HERE OR GIVE US A LITTLE BIT OF BACKGROUND? WELL, I'M TRYING TO BUILD A FAMILY HOME ON THIS PROPERTY, UH, FOR THE SAME REASON. AS YOU CAN SEE, THERE'S TRASH. WE'VE CONSTANTLY CLEANED THIS PROPERTY AND IT CONTINUES TO LOOK THE SAME. EXCUSE ME. CAN'T HEAR. CAN YOU SPEAK, UH, LOUDER INTO THE MICROPHONE? THEY CAN'T HEAR YOU. I'M TRYING TO PICK UP THE, CAN YOU PUT THE MICROPHONE CLOSER TO YOUR MOUTH? OKAY. UM, I'M TRYING TO BUILD A FAMILY HOME. UM, WE CLEANED THIS PROPERTY SEVERAL TIMES AND IT KEEPS ON LOOKING TRASHY AS IT DOES NOW WE'VE GOT A NOTICE. WE'VE CLEANED IT UP AGAIN, SO THIS IS WHY WE'RE ASKING FOR AN APPROVAL FOR THE, UH, SQUARE FOOTAGE. THANK YOU. LET'S SEE IF WE HAVE ANY QUESTIONS. YEAH. UH, STAFF. HAS ANYBODY SIGNED UP TO SPEAK, UH, ON THIS MATTER? NO PUBLIC COMMENT. ALRIGHT. ANYTHING YOU'D LIKE TO ADD OR NO. ALRIGHT. DO WE HAVE ANY, UH, ANYBODY FROM THE BOARD LIKE TO MAKE A MOTION? I MOTION? ALRIGHT. OKAY. UM, THIS IS TWO 16, THIS IS ZERO ONE. OKAY. REGARDING CASE NUMBER BO A 2 3 1 0 3 0 0 0 1, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A 770 SQUARE FOOT VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT LOT SIZE REQUIREMENT TO ALLOW A LOT TO BE 3,230 SQUARE FEET SITUATED AT 1 2 6 SQUARE TO STREET APPLICANT BEING ANGELA AGA BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE APPLICANT IS REQUESTING A VARIANCE FOR 770 SQUARE FEET FROM THE 4,000 MINIMUM SIZE TO ALLOW A LOT TO BE 230 SQUARE FEET, WHICH DOES NOT APPEAR TO BE CONTRARY TO THE 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 NOT BEING ABLE TO CONSTRUCT THE SINGLE FAMILY DWELLING AS THE LOT SIZE, THE MINIMUM SQUARE FOOTAGE REQUIREMENT, UH, SQUARE FOOTAGE REQUIRE READ BY GRANTING THE VARIANCE AND SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND THE SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LAW. THE PROPOSED VARIANCE, 770 SQUARE FEET WILL OBSERVE THE SPIRIT OF THE ORDINANCE AND SUBSTANTIAL JUSTICE WILL BE SERVED. AS THERE ARE OTHER PROPERTIES WITH SIMILAR LOT SIZES AND DIMENSION WERE OBSERVED IN THE IMMEDIATE AREA FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. 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. THE ESSENTIAL CHARACTER OF THE DISTRICT WILL NOT BE ALTERED AS THE REQUEST FOR 700 SQUARE, UH, 70 SQUARE FOOT VARIANCE WILL BE HARMONIOUS WITH THE LOT SHAPE AND SIZES IN THE SURROUNDING AREA. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARI IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY 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 [02:00:01] 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, SUCH AS THE SMALL AMOUNT OF AVAILABLE SPACE. CONCLUDING THE REQUEST IS NOT MERELY FINANCIAL END OF MOTION. SECOND. A SECOND FOR MS. CRUZ. OKAY. ANY DISCUSSION MS. KAPLAN? NO, I I'M PERFECTLY FINE WITH THIS. THIS HAS ALREADY BEEN GRANTED IN THE PAST AND IT IS CONSISTENT WITH OTHER LOT SIZES. IT'S AN OLDER NEIGHBORHOOD. UM, NO PROBLEM. MS. CRUZ, WOULD YOU LIKE TO ADD ANY COMMENT? I AM SORRY. NO, I THINK THAT WOULD BE GREAT. UH, THAT NEIGHBORHOOD CAN REALLY USE SOME MORE HOUSING, SO IT'S GREAT THEY'RE MAKING A NEW HOME THERE. THANK YOU. ALRIGHT, WELL THAT CLOSES. ANY OTHER COMMENT? UH, LET STAFF LET'S TAKE A ROLL CALL. VOTE MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. HERE YOU GO. I CONCUR. MR. SPIELMAN. I CONCUR. MR. MANCHACA. I CONCUR. MS. LYNN. I CONCUR. MR. ZUNIGA. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. VASQUEZ. I CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT CHAIR SUNA. I CONCUR WITH UNANIMOUS, UH, VOTE. UH, THE, THE VARIANCE PASSES. CONGRATULATIONS. GOOD LUCK WITH THE PROJECT. THANK YOU. GOOD AFTERNOON. AGENDA ITEM SEVEN BO O A 23 1 0 3 0 0 0 0 2. ADDRESS IS ONE 19 CHICO ALLEY COUNCIL DISTRICT FIVE APPLICANT IS RAY LOPEZ. A REQUEST FOR ONE A ONE 1,270 FOOT SQUARE FOOT. LOT SIZE VARIANCE FROM THE MINIMUM AND 4,000 SQUARE FOOT. LOT SIZE TO ALLOW A LOT TO BE 2007 30 SQUARE FEET AND TWO, A 10 FOOT VARIANCE TO THE MAXIMUM 20 FEET REAR SETBACK TO ALLOW A STRUCTURE TO BE 10 FEET FROM THE REAR SETBACK. ZONING IS R FOUR. SUBJECT PROPERTY IS LOCATED ON CHICO ALLEY BETWEEN MARGO STREET AND KNOX STREET AND WAS LOCATED WITHIN THE 36, THE ORIGINAL 36 SQUARE MILES OF THE CITY OF SAN ANTONIO. THE LOT IS CURRENTLY VACANT AND HAS BEEN VACANT FOR SOME TIME. THE APPLICANT IS REQUESTING A 1,750 SQUARE FOOT LOT VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT, LOT SIZE VARIANCE TO CONSTRUCT A SINGLE FAMILY DWELLING. ADDITIONALLY, THE APPLICANT IS REQUESTING A 10 FOOT VARIANCE TO THE MAXIMUM 20 FOOT REAR SETBACK TO ALLOW A 10 FOOT REAR SETBACK. THE PROPOSED SINGLE FAMILY RESIDENCE WILL MAINTAIN 10 FOOT TO THE REAR PROPERTY LINE AND ALL OTHER SETBACK REQUIREMENTS WILL BE MET. THE SITE. THIS IS YOUR SITE PLAN. YOUR SUBJECT PROPERTY, SUBJECT PROPERTY ON A CORNER IS ON A CORNER LOT THE SURROUNDING AREAS. RECOMMENDATION AND MINIMUM LOT SIZE AND REAR SETBACK VARIANCE. STAFF RECOMMENDS APPROVAL AND B O 8 23 1 0 3 0 0 0 0 2 BASED ON THE FOLLOWING FINDINGS, THE VARIANCE WILL ALLOW THE DEVELOPMENT OF A NEW SINGLE FAMILY RESIDENCE. TWO. THE LOT SIZE VARIANCE WILL ALLOW THE DEVELOPMENT OF THE LOT. AND THREE, THE VARIANCE REQUEST DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. NOTIFICATION PLAN, 45 NOTICES WERE MAILED OUT BY STAFF. ZERO RECEIVED IN FAIR VAPOR, ZERO RECEIVED IN OPPOSITION, AND NO RESPONSE FROM PALM HEIGHTS HOME HOMEOWNERS ASSOCIATION. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. THANK YOU. UH, IS THE APPLICANT HERE PLEASE, PLEASE STATE YOUR NAME FOR THE RECORD. GOOD AFTERNOON. MY NAME IS RAY LOPEZ. I RESIDE AT 5 2 9 TIDE CREST DRIVE HERE IN SAN ANTONIO. AND, UH, THANK YOU FOR YOUR TIME AND YOUR SERVICE TO THE BOARD OF ADJUSTMENT. UH, MY NAME IS RAY LOPEZ, AS I SAID, I'M HERE ON BEHALF OF THE MY CLIENT WHO OWNS THE PROPERTY. JOHN DUNCAN AND, UH, STAFF IS, UH, REALLY PRESENTED A GOOD, UH, THE FACTS OF THIS PROPERTY. THE PROPERTY, AS HE SAID, IS LOCATED AT ONE 19 CHICO ALLEY. IT IS 39 FEET WIDE, 70 FOOT, 70 FEET DEEP. IT'S ZONED R FOUR. UH, THE LOT REQUIRES A 4,000 SQUARE FOOT, UH, AREA IN ORDER TO BUILD A HOUSE ON THAT PROPERTY. MR. DUNCAN IS REQUESTING A VARIANCE TO OBTAIN A PERMIT TO BUILD A HOME OF ABOUT APPROXIMATELY A THOUSAND SQUARE FEET. UH, THE PROPOSED HOUSE WILL BE COMPATIBLE TO THE NEIGHBORHOOD AREA HOMES AFTER CONSTRUCTION. THE CITY WILL BENEFIT FROM ADDITIONAL PROPERTY TAXES AND A FINANCIAL RETURN ON MR. DUNCAN'S INVESTMENT. AS, UH, STAFF MENTIONED THE REAR SETBACK IS 20 FEET AND WE'RE ASKING FOR A VARIANCE TO MAKE IT 10 FEET. THE VACANT LOTS, AS YOU WELL KNOW, OFTEN ATTRACT UNWARRANTED TRASH THAT OFTEN ATTRACT RODENTS AND OTHER PESTS. GRANTED A VARIANCE FOR MR. DUNCAN DUNCAN'S PROPERTY WILL ELIMINATE THAT POTENTIAL [02:05:01] ISSUE. THANK YOU FOR YOUR CONSIDERATION. HAVE A GREAT DAY AND THANK YOU AGAIN FOR YOUR SERVICE TO THE BOARD. YEAH, THANK YOU MR. LOPEZ. LET'S SEE, UH, LET'S SEE IF ANY HAVE ANY, UH, FIRST ANY PUBLIC COMMENTS TO BE READ INTO THE RECORD. WE GOT ONE VOICEMAIL, WE'RE ABOUT TO PLAY IT. HELLO, MY NAME IS DANIELLE WILKINS. MY PHONE NUMBER IS (210) 901-2196. MY ADDRESS IS 9 22 RIP FORD, SAN ANTONIO, TEXAS 7 8 2 2 5. UH, THE LAST THREE DIGITS OF THE CASE NUMBER OF 0 0 2. AND I JUST WANTED TO, UM, SAY THAT I DO APPROVE THIS REQUEST, UH, FOR THE HOUSE TO BE BUILT BEHIND MY PROPERTY. I THINK IT WOULD BE GREAT FOR OUR NEIGHBORHOOD. JUST FOR CLARIFICATION, SHE SAID BEHIND HER PROPERTY, RIGHT? THE, SHE'S THE PROPERTY OWNER. JUST A ADJACENT THE REAR PROPERTY LINE. UH, I BELIEVE THAT'S WHAT SHE SAID. OKAY. UM, AND THAT'S THE, ALL THE PUBLIC COMMENT. OKAY. UH, ANY QUESTIONS FOR MS. LOPEZ? YES, MACHA. MR. MACHACA? UH, SIR, WILL YOU BE PUTTING UP A FENCE IF REQUESTED? WE'LL COMPLY WITH ANY, UH, CODE, UH, CODE COMPLIANCE REQUIREMENTS AT THIS POINT. AT THIS POINT, I DON'T KNOW. WE'RE IN THE DESIGN STAGES RIGHT NOW, BUT WE'VE DONE SEVERAL OTHER HOMES AND WE'LL DO WHATEVER THE CITY REQUIRES. THANK YOU. THANK YOU. ANY OTHER QUESTIONS? IF NOT, DO I HAVE A MOTION? UM, CRUZ, MS. CRUZ? DO I HAVE A SECOND? SECOND. OH, MS. CA I DIDN'T READ IT YET. OH, I'M SORRY. I'M SORRY. MYSELF. I KNOW YOU, YOU'RE IN A HURRY, SIR, BUT STILL HOLD HIM THE VIDEO. I THINK I'M SUPPOSED TO READ IT FIRST. OKAY. PLEASE. UM, PROCEED. MR. CRUZ? YES, SIR. UM, REGARDING CASE NUMBER BO A 23 1 0 3 0 0 0 0 2, I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED REQUEST FOR A ONE A 1,270 SQUARE FOOT LOT SIZE SQUARE INCH FROM THE MINIMUM 4,000 SQUARE FOOT LOT SIZE TO ALLOW A LOT TO BE 27 2,730 SQUARE FEET AND TO A 10 FOOT VARIANCE TO THE MAXIMUM 20 FOOT REAR SETBACK TO ALLOW A 10 FOOT REAR SETBACK SITUATED AT 1 1 9 CHICO ALLEY. APPLICANT BEING RAY LOPEZ. 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 WILL RESULT IN AN UNNECESSARY HARDSHIP. ONE. THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THIS PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE APPLICANT IS REQUESTING A 1,270 SQUARE FOOT VARIANCE FROM THE 4,000 MINIMUM LOT SIZE REQUIREMENTS. ADDITIONALLY, THE PROPOSED SINGLE FAMILY RESIDENCE WILL MAINTAIN A 10 FOOT REAR SETBACK. THE VARIANCE REQUEST DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST AS GRANTEE. THE VARIANCE WOULD ALLOW THE DEVELOPMENT OF A SINGLE FAMILY RESIDENCE TO DUE TO THE SPECIAL CONDITIONS. A LITERAL, A LITERAL ENFORCEMENT OF THE ORDINANCE WILL RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WILL RESULT IN THE INABILITY TO CONSTRUCT A SINGLE FAMILY RESIDENCE ON THE LOT. DUE TO THE SIZE OF THE LOT AND SQUARE FOOTAGE OF THE PROPOSED RESIDENCE, THE STRUCTURE IS UNABLE TO MEET THE REAR SETBACK REQUIREMENTS. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. VARIANCE WILL PERMIT A SINGLE FAMILY DING NEAR, SURROUNDED BY LOTS SIMILAR IN SIZE. THE REQUEST APPEARS TO OBSERVE THE SPIRIT OF THE ORDINANCE FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED IN THIS WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF DOES NOT FIND EVIDENCE THAT THE REQUESTED VARIANCE WOULD ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THE PROPERTY IS PART OF THE ORIGINAL 36 SQUARE MILES OF THE CITY OF SAN ANTONIO, WHERE SMALLER LOTS ARE COMMONLY FOUND. THE PROPERTY ADJACENT TO THE SUBJECT PROPERTY ALSO DO NOT MEET THE MINIMUM LOT SIZE REQUIREMENTS OF THE R FOUR BASED ZONING DISTRICT. THEREFORE, INJURY TO ADJACENT PROPERTIES IS HIGHLY UNLIKELY. THE PLOT OF THE OWNER OF, OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES [02:10:01] WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FIND THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. DUE TO THE CURRENT CONFIGURATION OF THE LOT, IT CANNOT MAINTAIN THE MINIMUM SIZE LOT SIZE REQUIREMENT. IN ADDITION, A SETBACK REDUCTION TO THE REAR WOOD HILL ACCOMMODATE A REASONABLE SIZE RESIDENCE ON THE LOT. THE REQUEST DOES NOT APPEAR MERELY FINANCIAL END OF MOTION. I SECOND. SECOND. ALRIGHT, MS. CAPTAIN, UH, SECOND. UH, DO WE HAVE ANY COMMENT MS. CRUZ? I WOULD AGREE WITH THIS SINCE THIS WOULD BE A BRAND NEW HOME AND THE PROPERTIES ALL AROUND THAT AREA ARE SMALL, SO THAT WOULD BE A GREAT ADDITION TO THIS AREA. THANK YOU. I AGREE. MS. KAPLAN. OKAY. UH, OKAY. DO WE HAVE A ROLL CALL? VOTE MS. CRUZ. I CONCUR. MS. KAPLAN 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. VASQUEZ. I CONCUR. MS. BRAGMAN I CONCUR WITH THE FINDINGS OF FACT CHAIR ZUNA. YES. I CONCUR AGAIN WITH UNANIMOUS, UH, VOTE THE MOTION PASSES. THANK YOU. THANK YOU VERY MUCH. ALRIGHT, NEXT CASE PLEASE. ITEM NUMBER EIGHT IS BO A DASH 23 DASH 3 0 0 0 0 3 ADDRESS BEING 1826 BARRETT PALMS AND CITY COUNCIL DISTRICT NUMBER FOUR, THE APPLICANT BEING RAYMUNDO AND AA VERA. A REQUEST FOR A FOUR FOOT SEVEN INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE FIVE INCHES FROM THE SIDE PROPERTY LINE. AND THE CURRENT ZONING IS R SIX. THE SUBJECT PROPERTY IS LOCATED ALONG BARRETT PALMS, NEAR SOUTH SARAZA MOORE STREET. THE APPLICANT IS SEEKING TO CONSTRUCT A STRUCTURE THAT IS ANTICIPATED TO BE FIVE INCHES FROM THE SIDE. PROPERTY LINE STRUCTURES ARE REQUIRED TO BE SET BACK FIVE FEET FROM THE SIDE PROPERTY LINE RESULTING IN THE APPLICANT REQUESTING A FOUR FOOT SEVEN INCH VARIANCE. AND THIS IS THE SITE PLAN AND THE SUBJECT PROPERTY. AND THIS IS THE LOCATION OF WHERE THE PROPOSED STRUCTURE WILL BE. AND THIS IS AN AL AN ALTERNATE VIEW AND THE SURROUNDING AREAS. STAFF RECOMMENDATION FOR THE SIDE SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO O A DASH TWO THREE DASH 1 0 3 0 0 0 3 BASED ON THE FOLLOWING. UH, ONE THE STRUCTURE WILL BE FIVE INCHES FROM THE SIDE PROPERTY LINE, WHICH DOES NOT PROVIDE ADEQUATE SPACING AND TWO, NO OTHER PROPERTIES WERE SEEN TO BE IMPOSING INTO THE SETBACK AREA. AND THIS WAS THE NOTIFICATION PLAN. STAFF MAILED 18 NOTICES TO RETURNED IN FAVOR, UM, ZERO IN OPPOSITION. AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION FOR THIS SUBJECT PROPERTY. THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. ALRIGHT, I HAVE A QUICK QUESTION. YES. UH, DO WE KNOW ON THE PLATT IF THERE'S ANY EASEMENTS LOCATED WITHIN THAT SAME SAME SETBACK REQUIREMENT? UH, WE CAN DEFINITELY CHECK FOR YOU. OH, UH, IF WE COULD CHECK ON THAT. OKAY. UH, LET'S SEE. DO WE HAVE ANY, UH, UH, WELL, THE APPLICANT WOULD YOU LIKE TO PLEASE COME FORWARD AND AGAIN, STATE YOUR ADDRESS FOR THE RECORD? YES, SIR. MY NAME IS, MY NAME IS RAIMUNDO RA. THANK YOU. AND I'M I DELPHIA. AND, UM, WE ARE AT 1826 BURIED PALMS. WE'RE HERE TODAY TO RESPECTS, REALLY ASK YOU IF YOU, UM, WOULD CONSIDER OUR APPLICATION SUBMITTED FOR VARIANCE OF AN ELEVATOR SHAFT. THE STRUCTURE HE'S TALKED AT, OF COURSE, 1826 BURIED PALMS. UH, THE STRUCTURE THAT HE IS TALKING ABOUT IS ACTUALLY AN ELEVATOR SHAFT. OKAY. UM, MA'AM, I'M SORRY. CAN YOU GET A LITTLE BIT CLOSER TO THE MIC? I CAN'T HEAR YOU. SURE. THERE YOU GO. THANK YOU. OKAY. WHAT I, I, I'LL REPEAT IT AGAIN FOR, FOR YOU. UM, THE STRUCTURE THAT HE WAS TALKING ABOUT IS FOR AN ELEVATOR SHAFT AT 1826 BURIED PALMS. WE BOUGHT THIS HOUSE IN 2007 TO BE OUR RETIREMENT HOME OF OUR 50 YEARS OF MARRIAGE. WE HAVE ONLY BOUGHT ANOTHER HOME, WHICH WAS WHEN WE FIRST GOT MARRIED SIX MONTHS AFTER WE GOT MARRIED. AND BOTH OF THESE HOMES HAVE BEEN ON THE SOUTH SIDE. SO WE'VE LIVED ON THE SOUTH SIDE ALL OUR LIFE. OKAY. SO THE ELEVATOR IS A NECESSITY. IT'S NOT LIKE SOMETHING THAT WE WANT BECAUSE, YOU KNOW, TO ADD TO THE HOUSE OR ANYTHING LIKE THAT. I HAVE A DOCTOR, AN ORTHOPEDIC DR. UH, GREGORY GORDON, [02:15:01] WHO ACTUALLY GAVE ME THE, UM, PRESCRIPTION ITSELF FOR IT. AND THE REASON BEING IS THAT IT'S TO PREVENT FOR ME, I LIVE IN, OR WE LIVE, I'M SORRY HONEY. WE LIVE IN A HOUSE THAT, UM, IS A TWO STORY HOUSE. IT DOES NOT HAVE A, A, UM, BEDROOM DOWNSTAIRS AND OF COURSE NOT THE SHOWER AND THE BATH. AND SO I HAVE, UH, IN MY EARLY THIRTIES, I STARTED WITH CHRONIC PAIN. SO REALLY MY DIAGNOSIS IS, UM, MAINLY RHEUMATOID, RHEUMATOID ARTHRITIS AND OSTEO OSTEOARTHRITIS. I'M SORRY. AND, UM, THROUGHOUT THIS TIME, DUE TO THOSE THINGS, IT, IT DOESN'T APPEAR. SO IT'S A LITTLE DECEIVING WHEN YOU SEE ME, IT DOESN'T APPEAR LIKE THERE'S REALLY NOTHING WRONG WITH ME, BUT IT'S REALLY CHRONIC PAIN. I HAVE HAD TWO BACK SURGERIES. I'M SORRY, TWO SURGERIES. ONE IS THE, THE BACK AND THE OTHER WAS A ROTATOR CUFF, UM, SURGERY BECAUSE I HAD A TEAR THERE. AND ALL THAT IS DUE TO BONE SPURS. OKAY. SO THIS PAST MAY I, UM, ENCOUNTERED AN EPISODE BECAUSE I WAS HAVING TROUBLE WITH HIP QUITE SOME TIME. AND BECAUSE I HAVE ALL THESE THINGS AND WHAT HAVE YOU, I MEAN, YOU JUST BEAR WITH IT. YOU LEARN TO DEAL WITH IT. UM, SO I ENDED UP IN THE HOSPITAL FROM THAT PAIN, UH, ON MY HIP. AND I'M SORRY, I, I WON'T MAKE IT TOO LONG HERE. UM, AND I PASSED OUT TWICE, BUT THIS, THAT'S HOW MUCH THE SEVERE PAIN THAT I HAVE. SO DR. UH, GREGORY SAID, I AM GIVING YOU THIS, EXCUSE ME, PRESCRIPTION BECAUSE GOING UP AND DOWN THE STAIRS AND ALONG WITH WALKING ON, LIKE SAY, UM, NOT A FLAT SURFACE, AN INCLINE SURFACE, WHICH THAT'S SOMETHING SEPARATE. UM, HE SAID, I CAN GUARANTEE YOU THAT WILL IRRITATE IT. OKAY? SO IF IT'S GONNA IRRITATE IT, YOU MAY HAVE ANOTHER EPISODE. SO YOU NEED TO START DOING SOME THINGS THAT WILL HELP YOU. I HAVE DONE OTHER THINGS BESIDES, YOU KNOW, WHAT I'M TALKING ABOUT. SO, UM, YOU KNOW, CURRENTLY SINCE MAY OF 2022, I'VE BEEN LIVING IN THE LIVING ROOM OR SLEEPING IN THE, IN THE LIVING ROOM IN A BED THERE, OF COURSE, FOR MY BATHING. FORTUNATELY, I, I HAVE TO GO OUTSIDE WHERE WE HAVE A SMALL POOL, UH, ROOM AND IT HAS A SHOWER. SO THAT'S WHERE I SHOWER EVERY DAY. AND THIS HAS BEEN HAPPENING SINCE MAY OF 2022. SO MY HUSBAND AND I WERE REQUESTING THIS ONLY BECAUSE THE OTHER OPTION, IF THIS DOESN'T HAPPEN WHERE, WELL, LET ME BACKTRACK ON THE, ON THE STRUCTURE, THE STRUCTURE IS GOING TO BE, WELL, I MEAN, HE KNOWS MORE OF THE MECHANICS, BUT THE STRUCTURE IS NOT GONNA BE SOMETHING LIKE, OH, THIS ADDITION FOR A HOUSE. OKAY. IT'S, UM, IT'S JUST, UH, WHAT IS THE MEASUREMENT NAME? IT'S SIX, SIX FEET BY SIX FEET. UHHUH . AND, AND THEN SO THE STRUCTURE WILL BLEND IN WITH THE HOUSE WE HAVE LEFTOVER BRICK FROM WHEN IT WAS BUILT, WHICH THAT WILL, THEY'LL DO THAT JUST TO KIND OF BLEND IN WITH THE HOUSE. OKAY. AND, UM, WE DO HAVE NEIGHBORS NEXT TO, NEXT TO US, UH, THE S WHICH IS JAVIER AND SANDRA ELIZONDO. UM, WHICH THEY'RE AWARE OF ALL WHAT I'M TALKING BECAUSE WE'RE, YOU KNOW, JUST BECAUSE THEY KNOW. AND SO THEY PROVIDED A A, A LETTER THAT THEY'RE NOT IN OBJECTION OF, OF US DOING THAT. UH, THEY'RE ALL FOR IT. UH, A LETTER WHICH I PROVIDED TO MR. UH, LAOS. UM, SO, YOU KNOW, WE LOOKED AT OTHER OPTIONS, UH, AS FAR AS THE HOUSE BUILDING ELSEWHERE, NOT SPECIFICALLY THERE. OKAY. UM, AND IT WASN'T JUST ON OUR OWN. UH, WE MET WITH THE OF COURSE, HOME ELEVATOR OF TEXAS, WHICH THEY'RE THE ONES THAT THAT DO IT. WE'RE LIKE A LITTLE WALKTHROUGH TOGETHER. UH, THE SURVEYORS, WHICH WE GOT A NEWS, UH, SURVEY FOR THAT. AND, UH, THE RAMPART ENGINEERING AND OUR CONTRACTOR, WHICH IS THE GENERAL CONTRACTOR THAT'S GONNA DO THE STRUCTURE. SO WE WALKED THROUGH OUR HOUSE AND THEY LOOKED AT OTHER OPTIONS AND NONE OF THEM WERE FEE FEASIBLE EITHER BECAUSE IT WOULD RUN INTO A CLOSET UPSTAIRS OR IT WOULD BE WHERE THERE'S THE MAIN PLUMBING, YOU KNOW, FOR, FOR THE HOUSE. UM, SO I MEAN, HERE WE ARE TODAY. WE RESPECTFULLY ASKED FOR YOUR CONSIDERATION. WE ARE, WE KNOW ABOUT RULES. UH, WE'RE NOT GONNA STAND HERE AND SAY, YOU KNOW, THAT IT'S FAIR OR NOT FAIR. I MEAN, WE KNOW, BUT I, WE FIGURED THAT, YOU KNOW, YOU NEEDED TO KNOW HOW, YOU KNOW, THE SITUATION. [02:20:01] WE PREFER NOT TO SELL THE HOUSE AND GO SOMEWHERE ELSE, YOU KNOW, THE HOUSE MARKET RIGHT NOW. IT WOULD BE A HARDSHIP FOR US REALLY TO TRY TO BUY ANOTHER HOUSE WHERE INSTEAD OF TRYING TO, YOU KNOW, SAY, OKAY, LET'S DO AN ELEVATOR AND THIS IS WHERE WE CAN RETIRE AND STAY HERE AS LONG AS WE CAN. SO, UH, I DON'T KNOW IF YOU HAVE ANYTHING ELSE TO SAY. THANK YOU. NO. SO THANK YOU MS. . SURE. YOU'RE WELCOME. UH, LET'S SEE IF YOU HAVE ANY QUESTIONS. YEAH, IF YOU COULD PUT THE LETTER, I GUESS THE LETTER, IF YOU COULD PUT IT UP, UH, ON THE, AND THEN THE QUESTION IN REGARDS TO ANY EASEMENTS. 'CAUSE WE CAN ONLY GRANT A VARIANCE TO THE SETBACK. WE DON'T HAVE THE ABILITY TO GRANT IF THEY'RE BUILDING OVER ANY VARIANCES, WHETHER IT'S C P SS OR, UM, TELEPHONE OR WHAT HAVE YOU. GAS EASEMENTS. WE DON'T HAVE THE POWER TO GRANT THOSE VARIANCES. SO YOU WOULD NEED TO CHECK WITH, UM, THOSE OTHER EASEMENT PROVIDERS. SURE, SURE. THIS IS THE LETTER. I'M SORRY, ALL THE E ALL THE EASEMENTS THERE IN THE, ON ONE SIDE OR THE BACK. I SEE. WE DON'T HAVE ANY IN BETWEEN THE PROPERTIES. PROPERTIES, NOTHING THAT IT'S ALL THE PROP. OKAY. AND THE LETTER THAT WE HAVE IS THE, THE, THE NEIGHBOR THAT WE SHARE THE, THE PROPERTY LINE THAT'S MOST IMPACTED BY THE SETBACK. OKAY? MM-HMM. , THEY, THEY WOULD BE REALLY THE ONLY ONES WE DON'T, I, I'M NOT, IT'S NOT THAT BECAUSE WE NEED IT. UM, BUT NO OTHER NEIGHBOR, THEY'RE FAR FROM US. MM-HMM. , WE, WE, IT TURNS INTO A CUL-DE-SAC. OKAY. SO DEDOS ARE THE ONLY ONES THAT ARE RIGHT NEXT TO US. THEY DON'T HAVE ANYTHING THERE THAT THEY USE. WE DON'T HAVE ANYTHING THAT WE USE. AND LIKE I SAID, THAT'S, THAT IS SO SILLY THAT YOU HAVE TO GO THROUGH THAT. HE SAYS, WE DON'T CARE WHAT YOU DO, THERE'S NOTHING THERE, YOU KNOW, AND WE DON'T INTEND TO DO ANYTHING ON OUR SIDE EITHER. GOT IT. SO ON, HOLD ON. LET'S SEE. UM, I DON'T KNOW IF THERE'S, THERE'S NO PUBLIC, DID YOU NEED THE NO PUBLIC COMMENT, RIGHT? NO PUBLIC COMMENT. OKAY. UM, WAS IT MR. MANA FIRST OR MS. NAN? UH, JUST A QUICK QUESTION. YOU DON'T NEED THE, FOR THE APPLICANT. YOU CAN PUT IT THE, THANK YOU. WE HAVE A QUES, UH, QUESTION FROM THE BOARD. SURE. OKAY. UM, CAN YOU TELL US HOW FAR AWAY THE NEXT HOUSE IS TO YOU? THE NEIGHBOR THAT HAS PROVIDED THE LETTER TO YOU, HOW FAR AWAY IS THAT HOUSE FROM YOUR PROPERTY LINE? IT, IT'S ABOUT 15 FEET. OKAY. YEAH. THANK YOU. MM-HMM. , MR. MANA. SO, SO, SO HERE'S, HERE'S A QUESTION FOR YOU. SURE. SO, SO, SO THE OTHER HOUSE THAT'S ADJACENT TO YOU BASICALLY IS FORWARD OF YOUR HOUSE. AND, AND THE REASON WHY THE, UM, THE SETBACKS EXIST IS TO ALLOW FOR, UM, EMERGENCY ACCESS ON THAT SIDE OF THE PROPERTY. AND SO, SO RIGHT NOW THEY CURRENTLY DON'T HAVE A FENCE EVEN WITH THE FRONT OF THE GARAGE MM-HMM. . BUT IF THEY'RE TO PUT ONE IN AND RUN ALONG THE SIDE PROPERTY LINE, BASICALLY IT WOULD BE RIGHT AGAINST YOUR, YOUR PROPOSED ELEVATOR AND, AND, YOU KNOW, WOULD NOT ALLOW FOR THAT ACCESS ALONG THAT SIDE OF THE PROPERTY. MM-HMM. . AND SO, AND SO THAT'S THE CONCERN, YOU KNOW, IS, IS THAT HEALTH AND SAFETY OF, OF YOU AND THAT AND YOUR HOUSE. SO A QUESTION I HAVE FOR YOU IS, YOU KNOW, I'M LOOKING AT THE PROPERTY MM-HMM. . AND SO IF I GO BACK AND LOOK AT THE ONE PICTURE IS, ARE THOSE, UH, IS THAT A SQUARE, UH, BOX THAT'S CALLED OUT WITH THE ROPES ON THE PRESENTATION? THERE, THERE. SO IS THAT, IS THAT TRULY SQUARED? IS THAT A SO, SO QUESTION I HAVE IS IF YOU MOVE THAT BACK, UM, FOREFOOT TOWARDS THE BACK OF THE HOUSE, UM, THEN YOU WOULD, BECAUSE OF THE SHAPE OF YOUR PROPERTY. YES. UM, I THINK THAT YOU WOULD GAIN SOME, YOU KNOW, A LITTLE BIT MORE CLEARANCE THERE. IS THERE A REASON WHY YOU COULDN'T PUSH THAT BACK BY THREE FOOT? YES. THE KITCHEN STARTS RIGHT THERE ABOUT TWO FEET, TWO, ABOUT TWO FEET AWAY FROM THERE. THE KITCHEN STARTS RIGHT THERE. SO LIKE WE HAVE THE PANTRY THERE AND WE HAVE THE, THE STOVE AND ALL THE CAP, THE CABINETS. SO, SO I'M TRYING TO UNDERSTAND, SO YOU'RE PUTTING AN EXTERNAL ELEVATOR IN OR IS IT INTERNAL ELEVATOR? UH, SO IN OTHER WORDS, IT COULD BE EXTERNAL JUST THE SHAFT, BUT, UH, THE, THE DOOR'S GONNA BE INSIDE THE HOUSE. OKAY. YES. SO THAT'S WHAT I WAS TRYING TO UNDERSTAND. MM-HMM. SO, SO, SO YOU CAN'T, SO RIGHT NOW, UH, BECAUSE OF THE LOCATION, YOU CAN'T MOVE IT BACK ANY FURTHER THAN IT CURRENTLY IS. ONE OF, WE, WE TRIED ALL DIFFERENT, DIFFERENT PLACES OF THE HOUSE AND THERE'S UH, THERE WAS NOTHING THAT CAN DO OTHER THAN, THAN BUILD SOMETHING ON THE SIDE. WE SHOULD, WE TAKE AWAY THE LOOK OF THE HOUSE, YOU KNOW, IT WOULD LIKE SOMETHING THAT JUST ADDED ON. THANK YOU MR. MAYOR. YEAH. THANK YOU. SO THE QUESTIONS FOR STAFF THEN, UM, AS THEY GO THROUGH THE PERMITTING PROCESS, THEY WOULD HAVE TO MEET ALL FIRE LIFE SAFETY, UH, WHICH INCLUDES FIRE REVIEW FOR BACK, BACK ACCESS TO THE PROPERTY. CORRECT. AND ALSO, UH, JUST TO FOLLOW ON, UH, THERE IS NO EASEMENTS ON THAT SIDE OF THE, UH, LOT, NO EASEMENTS. OKAY. AND THE, UH, QUESTION IN TERMS OF JUST LIKE, UH, UH, GUTTERS, I MEAN, WHERE'S [02:25:01] THE WATER GONNA FALL? YEAH, YEAH. WE HAVE RAIN GUTTERS ON, WE HAVE RAIN GUTTERS ON THE HOUSE AND IT'LL BE TIED INTO THE YES. IMPROVEMENTS YOUR BUILDING. YES, SIR. OKAY. AND FLOWING AWAY FROM YOUR PROPERTY, NEIGHBOR'S PROPERTY. AND, UH, REGARDING THE FENCE OF MY NEIGHBOR, WE TALKED TO THEM, WE KNOW HIM FOR MANY YEARS AND, UH, THEY DON'T HAVE ANY PLANS TO PUT, UH, ANY FENCES. UH, OKAY. THANK YOU. IN BETWEEN THERE ANY OTHER QUESTION FOR THE APPLICANT? OH, DID WE GET THE EASEMENT ISSUE SETTLED? YES. THERE'S NO EASEMENTS. NO EASEMENT. THERE'S NO UTILITY EASEMENTS. ALRIGHT. UM, I, MS. KAPLAN. OKAY. OKAY. REGARDING CASE NUMBER BO A 2 3 1 0 3 0 0 0 3, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR FOUR SEVEN VARI SEVEN INCH VARIANCE ON THE MINIMUM WHAT MY MICROPHONE IS NOT WORKING WELL TO ALLOW A, UM, STRUCTURE TO BE FIVE INCHES FROM THE SIDE PROPERTY LINE SITUATED AT 1826 BARRETT PALMS APPLICANT BEING RAIMUNDO AND A DELPHIA ALVERA 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 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. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY SETBACK RESTRICTIONS. TO PROVIDE UNIFORMITY WITHIN THE COMMUNITY, THE APPLICANT IS REQUESTING A VARIANCE TO THE SIDE SETBACK TO ALLOW A STRUCTURE TO BE FIVE INCHES FROM THE SIDE. PROPERTY LINE STAFF FINDS THIS DISTANCE PROVIDES SUITABLE SPACING, WHICH 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 BUILDING THE STRUCTURE FIVE FEET FROM THE SIDE PROPERTY LINE, WHICH WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIAL CONDITIONS ON THE SUBJECT PROPERTY INCLUDE THE SIDE SETBACK AREA BEING CLOSE TO THE MAIN STRUCTURE PREVENTING THE APPLICANT FROM CONSTRUCTING A SIZABLE STRUCTURE. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE STRUCTURE WOULD BE FIVE INCHES FROM THE SIDE PROPERTY LINE, WHICH OBSERVES THE SPIRIT OF THE ORDINANCE AS IT WOULD NOT BE TOO CLOSE TO THE SIDE PROPERTY LINE AND NEIGHBORING STRUCTURE. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE PROPERTY, APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED THE STRUCTURE, WE FIND FIVE INCHES FROM THE SIDE PROPERTY LINE, WHICH IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. UPON SITE VISITS. STAFF DID OBSERVE UNIQUE LAND CONFIGURATIONS SUCH AS THE PROPERTY BEING IRREGULAR IN SHAPE. END OF MOTION. SECOND. I SECOND FOR MS. BRAGMAN. UH, MS. KAPLAN, WOULD YOU LIKE TO PROVIDE? I'LL BE FOR THIS. UM, I DO, UH, UH, LOOKING AT HOW IT'S SITUATED. IT'S NOT, THE ENTIRE ELEVATOR WILL NOT BE FIVE INCHES. IT LOOKS LIKE IT'S CUT AT AN ANGLE. SO THERE'S ONLY A SMALL PORTION THEN THE, AND SPECIFICALLY MOSTLY THE NEIGHBOR IS OKAY WITH IT. AND THE NEIGHBOR'S HOUSE IS QUITE A FEW FEET FROM THE PROPERTY LINES. SO, UM, IT'S NOT REALLY ENDANGERING ANYTHING, SO I HAVE NO PROBLEM WITH IT. ALRIGHT. MR. P I CONCUR WITH MY COLLEAGUE AND I WOULD JUST LIKE TO ADD, YOU KNOW, IT WOULD GO THROUGH THE PLANNING, UH, INCLUDING FIRE REVIEW, FIRE CODE. SO THEY WOULD HAVE TO MEET ALL THE REQUIRED PERMITTING FROM THE CITY. ALRIGHT. UH, SIT, UH, STAFF, LET'S TAKE A ROLL CALL. VOTE MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN, 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. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. VASQUEZ. I CONCUR. CHARLES ZUNA? YES. I CONCUR WITH UNANIMOUS. UH, VOTE THE VARIANCE PASSES. UH, GOOD LUCK WITH YOUR PROJECT. THANK YOU. THANK YOU. ALRIGHT, NEXT CASE. THE NEXT CASE IS BO O A DASH TWO THREE DASH 1 0 3 0 0 7. THE ADDRESSES ARE 5 1 4 6 TO 5 1 6 6 KELWOOD STREET AND THEN 5 1 4 3 TO 5 1 6 3 NORTH TRAILS DRIVE IN COUNCIL DISTRICT SIX. THE APPLICANT IS ROBERT SZ. THE REQUEST IS FOR [02:30:01] A 1,607 SQUARE FEET VARIANCE AND BELOW FROM THE MINIMUM 4,000 FOOT SQUARE FEET. LOT SIZE REQUIREMENT TO ALLOW THE LOTS TO BE 2,393 SQUARE FEET AND ABOVE FOR 11 LOTS AND ITS ZONE RESIDENTIAL MIXED. THE SUBJECT PROPERTIES ARE LOCATED ON KELWOOD STREET IN NORTH TRAILS DRIVE ON THE NORTHWEST SIDE OF SAN ANTONIO. THE APPLICANT IS CONSTRUCTING 11 DUPLEX UNITS AND IS REQUESTING A 1,607 SQUARE FOOT VARIANCE FROM THE MINIMUM FROM THE MINIMUM 4,000 SQUARE FOOT. LOT SIZE REQUIREMENTS FOR 11 LOTS. THE REQUESTED VARIANCE REPRESENTS THE HIGHEST VARIANCE REQUIRED ON THE SMALLEST LOT AND THOSE ARE JUST THE LOT SIZES AND THE DIFFERENT VARIANCES REQUIRED. THIS IS THE SITE PLAN, THE SUBJECT PROPERTY. AND JUST FROM A COUPLE MORE ANGLES, THAT'S SOME OF THE CONSTRUCTION THAT'S ALREADY STARTED IN THE SURROUNDING AREA. STAFF RECOMMENDS DENIAL IN BO O A DASH TWO THREE DASH 0 3 0 0 0 7 BASED ON THE FOLLOWING FINDINGS OF FACT ONE, THE LOT SIZES ARE SIGNIFICANTLY UNDER THE, THE 4,000 SQUARE FEET MINIMUM. TWO, THE APPLICANT HAS THE OPTION TO REPL IN THREE. THE NEIGHBORING LOTS CONFORM TO THE MINIMUM LOT SIZE REQUIREMENT. AND THAT CONCLUDES STAFF PRESENTATION. THANK YOU. IS THE APPLICANT HERE? YEAH. MR. CHAIRMAN? YES SIR. STAFF YOU SHOW, YOU SHOWED A HOUSE THERE. UH, THAT'S, UH, UH, RIGHT THERE. AND THAT ONE HAS 4,000 OR LESS, RIGHT? YEAH. YES, ALL OF THEM HAVE. OH, OKAY. YEAH, ALL OF THOSE HAVE 4,000 AIR LESS. OKAY. SO THE COMPARISON IS DIFFERENT. THANK YOU. ALRIGHT, UH, PLEASE THE APPLICANT PLEASE COME FORWARD AND, UH, STATE YOUR NAME FOR THE RECORD, PLEASE. ROBERT. ROBERT SIGNS 1 2 4 1 5 BANDERA ROAD, HELO, TEXAS 7 8 0 2 3. ALRIGHT, AGAIN, MY NAME IS ROBERTS. I'M THE ONE OF THE PARTNERS ON THIS PROJECT. I'M ALSO A LOCAL REAL ESTATE BROKER AND OWNER OF A OWNER, OWNER OF A BOUTIQUE BROKERAGE IN HE LOTES. I AM THE CURRENT LISTING BROKER FOR SAHA, HAVE WORKED WITH THE CITY OF SA AND ALSO THE HOUSING AUTHORITY OF BEXAR COUNTY IN THE PAST. SO I'M WELL VERSED IN THE THE CITY'S HOUSING PLAN. OUR INTENT FOR THIS PROJECT IS TO BRING MEDIUM HOUSING, WHICH IS A TRANSITION PHASE FOR FUTURE HOMEOWNERS GOING FROM APARTMENTS TO SINGLE FAMILY DWELLINGS. THERE IS A NEED FOR THIS TYPE OF HOUSING IN THE NORTHWEST SIDE AND WE WOULD LIKE TO FULFILL THAT BY BRINGING A NEW CONSTRUCTION, DUPLEX, DUPLEX OPTION. THIS IS AN OP OPPORTUNITY FOR RENTERS TO HAVE A LOW MAINTENANCE LIVING ALONG WITH THE BENEFITS OF BEING IN THE CUEVA AND GRISSOM AREA. MY BUSINESS PARTNER AND BUILDER, JOHN CORTEZ WILL BE A LITTLE BIT MORE INTO DETAILS AS FAR AS OUR BUILDING PLANS AND HOW WE ACTUALLY WANNA LOWER DENSITY ON THIS INSTEAD OF, UH, BUILDING AS MUCH AS WE CAN ON THERE. THANK YOU, ROBERT. HI, MY NAME'S JOHN CORTEZ. UM, INCIDENTALLY THAT PROPERTY ACROSS THE STREET, THE TWO UH, DUPLEXES ARE ACTUALLY OWNED BY MYSELF. AND, UH, AND ANOTHER PARTNER OF MINE HAVE NORTHWEST TRUST ASK YOU TO, SO CURRENTLY THIS PROPERTY IS ZONED AS AN RM FOUR TOWN HOME. SO THIS PARTICULAR, UH, EXHIBIT HERE, THIS WAS A RECOMMENDATION THAT WAS DONE BY STAFF. SO IF YOU LOOK AT ALL THOSE RED SQUARES, THOSE ARE ACTUALLY UNITS, FOUR UNITS PER LOT, WHICH EQUATES TO 52 UNITS IN THAT LITTLE LITTLE PROPERTY THERE. LIKE MOST DEVELOPERS TRYING TO GET THE MAXIMUM DENSITY IS THEIR ULTIMATE GOAL IN THIS PARTICULAR, UH, PROJECT HERE. WE WANNA CUT THAT DENSITY IN HALF. I SHOULD HEAR, OH, RIGHT NOW FROM ALL OF YOU GUYS, WHAT WE'RE TRYING TO DO IS CREATE A DUPLEX UNIT HERE. WHAT, WHAT WE'RE TRYING TO MAINTAIN THE FAMILY ORIENTATION IN THIS AREA. SO WHAT'S HAPPENED IS FROM US GOING TO A TOWN HOME FOUR UNIT, UM, PER LOT AND BRINGING IT DOWN TO A DUPLEX UNIT, NOW WE'RE GOING AGAINST THE, UH, 4,000 SQUARE FOOT MINIMUM. SO WHAT WE'RE ASKING IS THAT [02:35:01] WE GET, WE WE'RE ABLE TO, UH, UH, BUILD A DUPLEX. GO TO THE NEXT, UH, SO THESE ARE ACTUALLY THE CURRENT LOTS. YOU'LL SEE TWO LITTLE XS ON THE TOP RIGHT AND THE TOP LEFT. THOSE ARE ACTUALLY TWO PROPERTIES THAT DO HAVE THE SQUARE FOOT, THE SQUARE FOOTAGE THAT WE NEED. SO THOSE TWO AREN'T IN QUESTION. NEXT ONE. THIS WAS THE RECOMMENDATION DONE BY STAFF. AND AS IT STANDS RIGHT NOW, WE CAN ACTUALLY PULL PERMITS TO PUT 52 UNITS ON THERE. NOW GO AHEAD AND SWITCH IT. THIS IS ACTUALLY WHAT WE WANNA DO. WE WANNA DO 13 DUPLEXES, CUT THE DENSITY FROM 52 UNITS DOWN TO 26. THOUGH THESE DUPLEXES ARE ACTUALLY BACK TO BACK. SO WE HAVE A PRIVATE DRIVEWAY AND THEN WE ALSO HAVE A DRIVEWAY ON KELWOOD STREET AND NORTHWEST TRAIL. UH, THOSE ARE ACTUALLY CITY STREETS, WHICH WILL HAVE THE INGRESS AND EGRESS TO THE PROPERTIES THAT ARE IN THE FRONT. UH, CURRENTLY OUR, UH, WE OWN PROPERTIES DIRECTLY ACROSS THE STREET, WHICH ARE ALSO ZONED AS R M FOURS. AND WE INTENTIONALLY DIDN'T PUT THE FOUR UNITS ON THERE BECAUSE WE WANTED TO MAINTAIN, WE, WE WANTED TO HAVE THE OPPORTUNITY, UH, TO, TO PRESERVE THAT, UM, FAMILY ENVIRONMENT IN THAT AREA. ANY QUESTIONS? YES. SO, OKAY, MS. CAP, YOU SAID YOU, YOU WORKED SAHA, YOU, YOU'RE WORKING WITH SAHA? THAT WOULD BE HIM. OKAY, SO THE QUESTION IS, ARE THESE AFFORDABLE HOUSING? IS THIS HOW FOR THE 10 TENANTS ARE THESE O OWNERS? WHAT IS THIS? SO THAT'S ACTUALLY A GREAT QUESTION ON THE STAFF RECOMMENDATION, IF YOU COULD BRING UP WHERE IT STRADDLES THE LOT LINE, THOSE ARE ACTUALLY FOURPLEXES. SO THEREFORE THE COST TO BUILD A FOURPLEX IS GONNA BE MORE EXPENSIVE, THEREFORE THE RENTS WILL BE A LOT HIGHER. THAT'S THE REASON WE DON'T WANT TO GO. WE COULD KEEP THE RENTS LOW IF WE COULD STAY ON THE DUPLEX SIDE. AND THESE ARE RENTALS, WE'RE WE'RE DEVELOPING 'EM, CORRECT? CORRECT. YES. WE'RE GONNA BUILD 'EM. AND THEN RENT AND THESE RENTALS. WILL YOU BE DOING WE DO PLAN TO DO ONE OR TWO? YES. YES. FOR NOW, MAYBE MORE. OH, MS. GAN, UH, WHAT'S THE TOTAL, UM, WHAT'S THE ACREAGE OF THIS PARCEL OF LAND? IT'S ON THE SURVEY RIGHT THERE. . IT SHOW'S RIGHT HERE. IT'S INDIVIDUALLY, UH, ADDRESS. SO THAT'S THE REASON WE REALLY NEVER CONSIDERED AS A WHOLE, UH, SQUARE AS BLOCK. BUT WE COULD FIND IT FOR YOU. IT'S ON THE, IT'S ON HERE. ALRIGHT. WHILE YOU'RE LOOKING AT THAT, UM, MR. ZUNIGA, DID YOU HAVE A QUESTION? YES, I HAD A QUESTION. UM, LITTLE CONCERN HERE, BUT YOU HAVE STATED, SIR, WE'RE LISTENING. COULD I, COULD I YES SIR. CAN I HAVE YOUR ATTENTION? OKAY. YOU HAVE STATED BOTH OF YOU, THAT STAFF HAS ADVISED YOU THAT ON THIS PROPERTIES, IT'S NOT ADVISING. THAT'S JUST WHAT WE'LL GET APPROVED AT THE MOMENT. OH NO. UH, BUT YOU SAID THAT STAFF, AND THIS IS WHY I WAS ASKING OVER AND OVER AGAIN. SO WHAT STAFF HAS RECOMMENDED THAT IT'S AN RMM FOUR TOWN HOME PROJECT. SO THAT'S WHAT IT'S CURRENTLY ZONED AS. OKAY. WHICH GIVES YOU FOUR UNITS, ADJOINING UNITS PER PROPERTY. WHICH WOULD WHICH EQUATES TO THE 52 DOORS? 52. OKAY. YES, SIR. UH, AND, UH, STAFF WE GOT ADVERTISE IT, IT'S 11 LOTS. THEY'RE SAYING IT'S 13 LOTS. THERE'S A COUPLE OF LOTS THAT DO NOT REQUIRE THE, UH, THE VARIANCE BECAUSE THEY'RE ABOVE 4,000 SQUARE FEET. SO THEY DO HAVE 13 TOTAL LOTS, BUT ONLY 11 OF 'EM ARE UNDER 4,000 SQUARE FEET. OKAY. SO THE OTHER ONES ARE DOING EITHER JUST ALL BUNCHED UP IN, BECAUSE THEY'RE ALL ONE DEVELOPMENT, BUT THEY'RE INDIVIDUAL LOTS AND ONLY 11 OF 'EM NEED IT. OKAY. THIS IS ANDREW. I HAVE A QUESTION FOR STAFF. SO PART OF YOUR DENIAL IS BASED ON THE APPLICANT HAVING THE OPTION TO REPL. COULD YOU, COULD YOU EXPLAIN THAT AS TO WHY THAT WOULD BE A DENIAL? UM, SO RIGHT NOW, IF WE APPROVE THE, UH, VARIANCE, UM, WE ARE ESSENTIALLY APPROVING FOUR UNITS FOR EACH ONE OF THESE LOTS. THE WAY THE APPLICANT HAS THE PLA RIGHT NOW, TECHNICALLY HE CAN DO IT JUST IN A DIFFERENT CONFIGURATION. UH, HE WOULD STILL HAVE TOLAT. BUT OUR RE OUR RECOMMENDATION [02:40:01] IS STRICTLY BASED OFF OF HIM BEING ABLE TO PUT FOUR UNITS IN A DIFFERENT FORMAT, UM, IN THESE, UH, 11 LOTS. SO IF WE, IF WE APPROVE THE VARIANCE, HE STILL WOULD HAVE TO GO THROUGH A RELA PROCESS. IS THAT WHAT I'M HEARING OR CORRECT? HE STILL HAS TO GO THROUGH A RELA PROCESS BECAUSE YOU SEE THE ARROWS. UH, IT'S SET UP FOR A TOWNHOME DEVELOPMENT AND I BELIEVE HE'S DOING A ZERO LOT LINE DEVELOPMENT, WHICH IS TWO DUPLEXES TOUCHING EACH OTHER. OKAY. UM, AND THE, THE STAFF RECOMMENDATION, THAT'S WHAT I RECOMMENDED BECAUSE, UM, IT WASN'T REALLY A RECOMMENDATION, IT WAS JUST SHOWING HIM WHAT HE CAN DO RIGHT NOW WITHOUT HAVING TO GO THROUGH THE VARIANCE. GOT IT. ALRIGHT. ANY OTHER QUESTION FOR, OKAY, YES. STAFF OF THE APPLICANT. UH, Y'ALL HAVE STATED THAT YOU HAVE, UH, MET WITH STAFF HAVING MET, UH, WITHIN THE NEIGHBORHOOD GROUPS, THE CITY COUNCIL OFFICE, OR, UH, WE DIDN'T REALLY MEET WITH STAFF. WE'VE MET WITH, UH, MEDICAL, UH, A FEW TIMES AND JUST TALKED ABOUT, UH, WHAT, WHAT OUR OPTIONS WERE. YES, HE'S A LEADER YES. HERE. AND HE HASN'T RECOMMENDED ANYTHING OR ANYTHING LIKE THAT. OH NO. BUT WE'VE, WE'VE JUST SPOKEN A COUPLE TIMES ON, ON YOUR OWN CELL, UH, ON YOUR OWN SELF. HAVE YOU TALKED TO NEIGHBORHOOD GROUPS THERE? HAVE YOU TALKED TO THE CITY COUNCIL PERSON THERE? UH, NOT AT THIS TIME, NO SIR AT THIS TIME. OKAY, MA'AM, JUST TO CLARIFY, I, I BELIEVE YOU ASKED HER ABOUT THE DUPLEXES THAT WERE ALREADY BUILT, UM, IN THE BEGINNING. THOSE ARE NOT THE SAME SIZE, UH, LOTS AS THESE, THESE ARE OVER, UH, 4,000. THANK YOU. THAT'S WHAT I WAS GETTING AT TOO. OH, WE'LL, GETTING, THANK YOU. THANK YOU SIR. UM, MAN, AT THIS TIME DO WE HAVE ANY, UH, I WAS GONNA ASK FOR ANY PUBLIC COMMENT, BUT MS. RENA, SO QUESTION FOR STAFF. SO, SO IS A REMEDY FOR THIS POTENTIALLY ALSO A REZONING OF THIS AREA, UH, TO A MORE DENSE ZONING? SO ONLY THE, ONLY THE R THE RM DISTRICTS PROVIDE, UM, NON NOT HAVING TO MEET THE MINIMUM LOT SIZE. SO IF HE DOES A TOWN HOME WITH THE NON MEETING MINIMUM LOT SIZE, HE WOULD HAVE TO, UM, DO THE VARIANCE. HOWEVER, IF HE REZONES, UH, WELL HE'S, HE CAN'T DO ID ZS BECAUSE HE IS OUTSIDE OF FOUR 10. UM, HE WOULD ESSENTIALLY HAVE TO REZONE TO R THREE OR SOMETHING ALONG THAT LINE. UM, AND I THINK A COUPLE OF R TWOS IF I REMEMBER CORRECTLY. THANK YOU MR. MADA. AND, AND THAT WOULD BE LIKE A R TWO CD AND R THREE CD FOR A TWO UNITS. 'CAUSE HE'S DOING A DUPLEX. ALRIGHT. AT THIS TIME, UH, DO WE HAVE ANY, UH, PUBLIC COMMENTS TO READ INTO THE RECORD? THERE'S NO PUBLIC STATEMENTS. WHAT ABOUT THE OPPOSITION? WE SEE ONE? NO. WAS A LETTER? NO. OKAY. OH YEAH, THIS IS, THIS IS THE EMAIL FROM THE PROPERTY OPPOSED? I BELIEVE COMMISSIONER VASQUEZ HAS A QUESTION. YES. FOR, FOR I HAVE A QUESTION FOR MR. CHAIRMAN. YES. YEAH. COULD I, COULD I BE RECOGNIZED PLEASE? YES, SIR. OKAY. I HAVE A QUESTION FOR MR. CORTEZ. UH, UH, ACTUALLY I HAVE, UH, LIKE, UH, TWO OR THREE QUESTIONS FOR MR. CORTEZ. IS HE, UH, AVAILABLE? YES, SIR. THAT'S ME. VERY GOOD. MR. CORTEZ, UM, COULD YOU, UH, TELL ME WHAT, WHAT, UH, IS A DUPLEX UNIT? YES, SIR. A DUPLEX UNIT WOULD BE TWO RESIDENTIAL FAMILIES THAT ARE SHARING A, A COMMON WALL, RIGHT? UH, UH, THAT'S WHAT I THOUGHT IT, IT WOULD BE. OKAY. THE NEXT QUESTION IS, UM, UH, CONCERNING THE, UM, THE APPROXIMATE LIVING, UH, SPACE IN, IN TERMS OF SQUARE FEET WITHIN EACH, UM, EACH OF THE, OF, OF THE FAMILY UNITS? YEAH. YOU KNOW, THE, THE, WHERE, WHERE PEOPLE ACTUALLY LIVE. WHAT WOULD BE THE SQUARE FEET? UH, THE TOTAL OF A, OF THAT? YEAH. IN OUR CURRENT FOOTPRINT OF THE, OF THE PROPERTY, UH, IT WOULD BE 1,439 SQUARE FOOT PER UNIT AND IT WOULD BE A TWO. OKAY. THANK YOU SIR. TWO STORY UNIT. YES, SIR. I UNDERSTAND. THANK YOU FOR, RIGHT. AND THE LAST QUESTION, WHEN, WHEN YOU, WHEN YOU SAID, UH, THAT YOU ALL WERE, UH, GOING TO, UH, UH, SET UP, BUT WOULD YOU, I THINK THE TERM I HEARD WAS MEDIUM HOUSING. THE QUESTION THAT I HAVE IS, WOULD, WOULD YOU BE MORE COMPLETE TO SAY MEDIAN INCOME HOUSING? YOU SEE WHAT I'M SAYING, SIR? YEAH. THESE ARE FOLKS THAT THEY HAVE A MEDIAN INCOME AS, AS OPPOSED TO, UH, A LESSER INCOME. WE TOTALLY AGREE WITH THAT. AND AS MENTIONED, THE ONLY WAY WE WOULD BE ABLE TO [02:45:01] ACCOMMODATE THAT IS IF THE CONSTRUCTION COSTS ARE LOWER, THEREFORE BUILDING A DUPLEX INSTEAD OF A FOURPLEX. SO THAT WE DO PLAN TO HAVE A COUPLE SECTION EIGHT, UH, WE ARE ALIGNED WITH THE SHIP, UH, MOVEMENT THAT THE CITY'S DOING RIGHT NOW. AND THAT'S SOMETHING WE'RE ALSO GONNA COLLABORATE WITH THEM AT THE TIME ONCE WE GET THIS APPROVAL. THANK YOU VERY MUCH, SIR. YOU'RE WELCOME. QUESTIONS? YES, SUNGA. OKAY. YOU'RE ALIGNING WITH THE SHIP PROGRAM, YOU'VE BEEN, UH, APPROVED FOR THE SHEEP. WE NEED TO GET THE APPROVAL ON THE PLANS AND EVERYTHING BEFORE WE START OFFERING 'EM TO, TO THIS, UH, LOW TO MEDIUM INCOME HOUSING. CORRECT. WHAT WOULD BE THE MEDIUM THAT WE'RE TALKING ABOUT RIGHT HERE? WELL, IT DEPENDS ON, ON THE, ON THE SIZE OF THAT WE GET A ONIS. YEAH. YEAH. SO, CORRECT. YEP. OKAY. MM-HMM. , THANK YOU CRUZ. UM, MS. KAPLAN, AND I'LL A MOTION IF YOU, OH, I'M SORRY. MS. CRUZ HAVE THE COMMENT AND YOU MAKE A MOTION. NO, NO, NOT YET. YOU HAVE A QUESTION? OKAY. I GOT A QUESTION. OKAY. UM, YOU'RE, YOU'RE TALKING ABOUT MAKING ALL OF THESE DUPLEXES. SO EACH DUPLEX WOULD BE WHAT, A TWO OR A THREE BEDROOM? UH, EACH DUPLEX WILL BE TWO BEDROOMS, UH, THREE BEDROOM, TWO AND A HALF BATH EACH. EACH ONE. EACH DUPLEX? YES, MA'AM. OKAY. THANK YOU. THANK YOU. MS. CRUZ. DO, DO YOU HAVE THAT APPLIED? THE THE SKETCH AVAILABLE? YES, I SURE DO. UH, WELL YOU DIDN'T THE STAFF LOOK AT IT, THEY'RE GONNA PUT IT UP ON THE GREEN SCREEN. OH, THIS IS THE FIRST TIME YOU'RE GOING TO LOOK AT IT. OKAY. MR. CORTEZ, WHILE WE WERE AT IT, THE PARKING OKAY ON, EVEN IF IT'S 11 UNITS, WHERE WERE THE PEOPLE PARKED AND HOW MANY, UH, SLOTS WOULD, WOULD THERE BE? SO IF YOU TAKE A LOOK AT THE DUPLEX CONFIGURATION, WELL, WE DON'T HAVE IT HERE. WE'VE GOT, WE'VE GOT IT RIGHT HERE. SO THE DUPLEX CONFIGURATION THAT WE WANNA DO HAS A PRIVATE DRIVE IN THE CENTER. GO AHEAD AND PUT THAT ONE ON. SO YOU SEE WHERE IT SAYS DRIVEWAY, THAT'S A PRIVATE DRIVEWAY THAT WE'RE GONNA CONSTRUCT. EACH ONE OF THOSE DRIVEWAYS IS GONNA HAVE AN ENTRANCE, AN UH, ENTRANCE AND AN EGRESS TO EACH ONE OF THE DUPLEXES ON THE BACKSIDE. KELLWOOD AND ON NORTHWEST TRAIL WILL HAVE A, UM, A, A DRIVEWAY COMING IN. OH, I'M SORRY. THANK YOU. SO, OKAY, SO THIS IS THE, THIS IS THE, THE DRIVEWAY THAT THE, THAT THAT COMES WITH THE PROPERTY. SO ON EACH ONE OF THESE, THERE'LL BE A DRIVEWAY COMING STRAIGHT INTO THE BACKSIDE OF THE DUPLEX. THIS WAY, THIS WAY, RIGHT HERE ON NORTHWEST TRAIL AND KELWOOD, THERE'LL BE DRIVEWAYS COMING IN ON THIS WAY. SO THIS DUPLEX IS ACTUALLY SPLIT IN HALF. YOU HAVE THE FRONT SIDE OF THE DUPLEX AND THE BACKSIDE. THIS WOULD BE UNIT 1 0 1. THIS IS UNIT 1 0 2 ON EACH ONE OF THESE. SO WHAT WE'RE TRYING TO DO, INSTEAD OF HAVING THE 52 UNITS, IS TO MITIGATE SOME OF THIS ON-STREET PARKING AND TAKE IT OFF AND BRING IT BACK INTO OUR PROPERTY. OKAY. BUT THAT HASN'T BEEN IMPROVED YET WITH TRAFFIC, HAS IT? UH, LAST TIME WE SPOKE TO TRAFFIC, I WAS IN THE, IN THE OFFICE AND I THINK MI YOU CAN HELP ME OUT ON THIS ONE, THAT THEY APPROVED, UH, THIS CONFIGURATION THAT, THAT WE WOULD NOT NEED, UH, TO ASK FOR ANY VARIANCE TO DO A DRIVEWAYS. RIGHT. SO THEY INITIALLY CAME, THE, HIS ORIGINAL VARIANCE WAS BECAUSE OF THE DRIVEWAY, BUT TRAFFIC REVIEWED IT AND THEY SAY THEY DO NOT NEED IT BECAUSE IT'S NOT CONSIDERED A RESIDENTIAL DRIVEWAY, UM, LIKE A RESIDENTIAL HOME. SO THERE'LL BE STREET PARKING AND ONE CAR PER UNIT OR ONE CAR, YEAH. FOR UNIT MM-HMM. . CORRECT. STREET PARKING. 1 1 1 PER UNIT. BUT HE DOES HAVE PARKING FOR EACH, UH, UNIT OFF STREET QUE ONE CAR. SO EACH OF THOSE BUILDINGS HAS TWO FAMILIES, A TWO FAMILY HOUSE. YES MA'AM. I SEE. IS THERE ANY YARD AT ALL FOR CHILDREN TO THAT? THAT'S EXACTLY WHY WE WANTED TO DO THIS CONFIGURATION. INSTEAD OF DOING THE FOUR UNITS, THERE'S YARD SPACE HERE, WE WANTED TO HAVE THIS BREEZEWAY AS YARD, THIS BREEZEWAY AS YARD, AND YOU HAVE YOUR FRONT YARD AND YOU HAVE THIS ONE AS CONSIDERED YOUR FRONT YARD. SO WHAT, THAT'S WHAT WE'RE TRYING TO MAINTAIN. INSTEAD OF PUTTING 52 UNITS AND TAKING, TAKING ALL THE, THE, THE YARD AND, AND, AND, AND GRASS AND TREE OUT OF THERE. SO WE FIGURED THAT THIS WOULD BE THE BETTER WAY. SO YOU SAID IT WAS ZERO, ZERO LOT LINE. OKAY. ON THAT ONE. PUT THE, UH, ON THE, ON THE TWO UNITS LIKE MS. CAPMAN WAS SPEAKING ABOUT. YEAH. SO, SO WHAT WE'RE GONNA HAVE TO DO IS AFTER, IF, WHEN WE GET THE APPROVAL HERE, WE'RE GONNA HAVE TO GO BACK AND YOU SEE EACH ONE OF THESE LITTLE BOW TIES. THIS IS INDICATING A SHARED ZERO LOT LINE. THAT'S WHY THESE UNITS ARE [02:50:01] BACK TO BACK. SO IF YOU TAKE A LOOK AT THIS UNIT, YOU HAVE EIGHT FAMILIES THAT COULD LIVE THERE. EIGHT FAMILIES, WE DON'T WANNA DO THAT, BUT WE ONLY HAVE AN ACRE HERE THAT TO WORK WITH. SO THAT'S WHY WE WANNA BRING IT DOWN TO A DUPLEX UNIT. SO THAT WOULD GIVE US 8 60 20. IT GIVES YOU 52 UNITS HERE. AND THIS WOULD ALL BE PARKING. SO WHAT WE'RE TRYING TO DO IS GET RID OF THAT AND GO INTO HALF 26 UNITS E EVERYBODY'S GONNA HAVE THEIR OWN DRIVEWAY. ONE CAR GARAGE WITH THE ONE CAR PARKING, UH, DRIVEWAY. OKAY. KAPLAN, IF WE GIVE THIS TO YOU, WILL, IS THERE SOME GUARANTEE THAT IT'S SEC SECTION EIGHT IN AFFORDABLE HOUSING? SO I KNOW WE HAD TALKED ABOUT IT AND STAFF SAID THAT THERE WOULDN'T BE ABLE TO DO I GUESS LIKE A VARIANCE BASED OFF OF THAT. UH, MIRACLE CAN CORRECT US IF I'M INCORRECT. WE CANNOT INCLUDE THAT IN A VARIANCE. OKAY. IT'S, UH, WE'RE HERE THOUGH. WE'RE LOCAL. WE'RE, WE'RE NOT THIS BIG DEVELOPER. WE'RE, WE'RE HERE, WE'RE, WE'RE. THIS IS SOMETHING THAT WE'RE PUTTING OUR FOOT DOWN AND HOPEFULLY WE COULD DO MORE. SO THANK YOU MS. KAPLAN. MANNA. ANY OTHER QUESTIONS? MANNA? YEAH, SO, SO THAT'S JUST, YOU KNOW, A REQUEST OR, UH, NOT A DREAM OF FOR THIS TO, UH, YOU DON'T HAVE THE CHIP APPROVAL AND NOW YOU, YOU'RE GOING WAIT AND SEE TILL YOU CAN GET IT AFFORDABLE HOUSING AND THERE ARE SECTION EIGHT. SO NONE OF THIS YOU HAVE YET. WE CAN, YEAH, UNFORTUNATELY THERE'S STEPS TO IT. WE CAN'T JUMP AHEAD. I UNDERSTAND. YEAH. IF WE GET THE APPROVAL, THAT'S THE FIRST THING WE WANNA WORK. THEY'VE DONE STUDIES WHERE OUT OF A CERTAIN AMOUNT OF UNITS A PERCENTAGE ARE SECTION EIGHT AND IT DOES HELP INCREASE THE, THE, THE SMALLER PERCENTAGE. AND THAT'S KIND OF WHAT WE'RE LOOKING AT. UH, THOSE STUDIES ARE PROVEN AND I THINK IT'S SOMETHING THAT'LL BE GOOD FOR THE NORTHWEST SIDE. SO, OKAY. HOW, HOW MANY SECTION EIGHT THERE ARE AFFORDABLE HOUSING THAT SURROUND SURROUNDING THE AREA THERE, WHERE THE NEIGHBORHOODS ARE AND THEN THE SPECIFIC NEIGHBORHOOD THAT WE ACTIVELY KNOW THAT WE DON'T HAVE ANY, BUT WE DO HAVE SOME UP A LITTLE BIT MORE ON LES HARRISON. WE HAVE A TOTAL OF THREE THAT WE ARE, WE, WE, WE HAVE WITH SAHA. WELL, WELL LET'S HARRISON A LITTLE FARTHER. FARTHER. IT'S A LITTLE BIT FURTHER NORTH. YEAH. FARTHER. UNFORTUNATELY, THERE'S NO WAY TO MONITOR WHERE, WHAT SECTION EIGHT. UH, WE JUST KNOW WHAT WE HAVE IN OUR, UH, WITH OUR CLIENTS AND WITH OUR INVENTORY. WELL YOU MENTIONED LESS, HARRISON. THAT'S WHAT I WAS SAYING. THANK YOU. MILES AWAY. THANK YOU. OKAY. UM, MS. KAPLAN MOTION. OKAY. WAIT, MANNA QUESTION. OH, MR. MADAM. QUESTION FOR CITY STAFF. SO, UM, IS THERE, SO, SO RIGHT NOW, BY GRANTING THIS REQUEST, WE'RE SHRINKING THE SIZE, IT'S AN RM FOUR LOT. UM, CAN, CAN IT BE SET TO A MAXIMUM OF TWO UNITS PER LOT? IT WOULD HAVE TO BE, YEAH. WE CAN'T REDUCE WHAT THE ZONING ALLOWS OR THE ZONING ALLOWS FOR. SO WE CANNOT REDUCE WHAT THE ZONING ALLOWS. OKAY, MS. KAPLAN? OKAY. REGARDING CASE NUMBER BO A DASH 23 DASH 1 0 3 0 0 0 0 7, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR 1,607 SQUARE FOOT VARIANCE AND BELOW FROM THE MAXIMUM FROM THE MINIMUM 4,000 SQUARE FOOT. LOT SIZE REQUIREMENT TO ALLOW THE LOTS TO BE 2,393 SQUARE FEET AND ABOVE FOR 11 LOTS, SITUATED AT 5 1 46 DASH 5 1 5 5 1 16 6 KELWOOD STREET AND 5 1 4 3 DASH 5 1 6 3 NORTH TRAIL DRIVE. APPLICANT BEING ROBERT SAS. 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 APPLICANT IS REQUESTING A 1,607 SQUARE FOOT VARIANCE AND BELOW FROM THE 4,000 MINIMUM LOT SIZE REQUIREMENTS FOR 11 LOTS. THE VARIANCE REQUEST DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO THE SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN HAVING TO REPL OR RECONFIGURE THE FLOOR PLAN, WHICH 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 REQUEST APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE AS LOTS LARGE ENOUGH FOR THESE 11 UNITS FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE, THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER. THE DISTRICT IN WHICH THE PROPERTY IS LOCATED FINDS EVIDENCE THAT THE REQUEST VARIANCE WOULD NOT ALTER THE ESSENTIAL CHARACTER, THE DISTRICT, OR INJURE THE USE OF ADJACENT PROPERTY. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND [02:55:01] ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS OF THE DISTRICT IN WHICH THE PROPERTY'S LOCATED STAFF FIND THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND OF MOTION. HAVE A SECOND. SECOND, UH, MR. MACHACA SECOND. YEAH. OKAY. UM, MS. KAPLAN, WOULD YOU LIKE TO PROVIDE? YEAH. UM, YOU KNOW, FROM MY TIME ON THE HOUSING AUTHORITY COMMISSION, I KNOW THAT THERE IS A HUGE NEED FOR WHAT YOU'RE BUILDING. I'VE HEARD MANY, UM, HOMEOWNERS HOME. MANY TENANTS COME IN SAYING THAT THEY'RE DESPERATE TO FIND A SINGLE FAMILY HOUSE BECAUSE THEY HAVE CHILDREN. AND, UM, THEY, THEY ARE, THERE'S A HUGE NEED FOR IT, AND THERE'S VERY LITTLE HOUSING. SO I WOULD DEFINITELY HOPE IF I APPROVE THIS, WHICH I AM PLANNING TO GIVE YOU A POSITIVE, A, UH, THAT WILL, UM, PUT SECTION EIGHT AND, UH, PROVIDE HOUSING FOR MEDIAN INCOME FAMILIES. 'CAUSE THERE'S A DEFINITE SHORTAGE. I HAVE SEEN HOUSES OF THIS SIZE BUILT IN THE EAST SIDE AND VERY SUCCESSFUL WHILE PURCHASING THEM. UM, SO I HAVE NO PROBLEM REALLY WITH THE SIZE OF THE LOTS. AND, UM, I HOPE THAT YOU'RE SUCCESSFUL WITH THIS PROJECT. THANK YOU, MS. KAPLAN MACHUKA, UH, I CONCUR WITH MY COLLEAGUE. AND, UH, I HAVE TO SAY THAT, UH, THE CONSIDERATION OF SHIFTING FOR THE BEST FOR THE RESIDENTS IS A GOOD, UH, THING. UH, REDUCING THE DENSITY WAS WHAT GOT MY ATTENTION. UH, ALWAYS WHEN YOU HAVE CROWDED PEOPLE, THERE'S ALWAYS ISSUES IN TERMS OF, UH, NOT GETTING ALONG AND OTHER THINGS WILL GO WITH THAT. AND, UH, IF YOU REDUCE THE DENSITY AND IMPROVE THE, THE STANDARD OF LIVING FOR SOME OF THESE FOLKS. I AGREE WITH YOU. THANK YOU. UH, LET'S TAKE A ROLL. VASQUEZ. MR. VASQUEZ? UH, YES, SIR. UM, UH, I, UH, AM GOING TO, UH, BE ALSO EXPRESSING CONCERN ABOUT THE, THE DENSITY. UH, YOU KNOW, UH, A, UH, I THINK, UH, THE, THE ROOM IS, UM, IT'S, UH, A 14, UH, UH, IT'S 1,439 SQUARE FEET, AND IT'S GONNA BE, UH, FOR THE FAMILY. AND SO IT'S GONNA BE FOR TIGHT QUARTERS. THERE'S NO WAY TO, TO, TO DENY THAT. IT'S GONNA BE TIGHT QUARTERS. AND, AND, AND THEN WHEN YOU LOOK AT, AT, UM, AT THE COMMENTS MADE BY, UH, DR. FLORES, WHO IS, UH, IS A, A A, UH, UH, DENNIS, WHO HAS A BUSINESS, UH, UH, IN THE VICINITY OF THIS LOCATION, HE EXPRESSED, UH, UH, THREE REFERENCES THAT, UH, THAT, UH, THAT SPOKE ABOUT, UH, THE, THE, THE DETRIMENT TO HEALTH THAT OCCURS WHEN PEOPLE ARE LIVING IN, IN, IN, UH, IN DENSE UNITS. NOW, I WOULD BE VERY MUCH, UH, UH, IN FAVOR OF, UH, OF, UH, OF, OF THE PROPOSAL THAT WAS DESCRIBED BY MR. CORTEZ. HE DID A BEAUTIFUL, ELOQUENT JOB, BUT, UH, UH, I, I, MYSELF, I'M LOOKING TOWARDS THE, THE MENTAL HEALTH AND, AND, UH, AND PHYSICAL HEALTH OF, OF THE FAMILIES THAT LIVE IN THOSE CLOSE QUARTER UNITS. AND THEN YOU'RE GONNA HAVE, UH, UH, YOU KNOW, THERE'RE, UH, UH, THERE IS LIKE, UH, SEVEN OF THOSE SMALLER UNITS, UH, AND THEY, AND THEY'RE GOING TO HAVE, UH, YOU KNOW, EIGHT, UM, FAMILIES IN EACH OF THE, OF THE, OF THE, OF THE SPACES. SO, UH, THAT, THAT'S ONE OF MY CONCERNS. THERE YOU GO. THANK YOU, MR. VASQUEZ. THANK YOU. AND I WOULD ONLY ADD THAT IF THE VARIANCE DOESN'T PASS, THAT THE ALTERNATIVE THAT THE APPLICANT DO WOULD BE EVEN A MORE DENSE, UM, OPTION FOR THE PROPERTY, WHICH WOULD MORE CREATE THAT CROWDING OVERCROWDING. SO I WOULD MAKE THE ARGUMENT THAT THE VARIANCE THAT'S BEING REQUESTED PROVIDES FOR THE LEAST DENSE, UH, OPTION FOR THE, FOR THE PROJECT. SO WITH THAT, I'D LIKE TO, UH, CLOSE, UH, TAKE A ROLL CALL. VOTE YEAH. SUN OVER TAKING A ROLL CALL. VOTE NOW. OR MR. ZUNIGA, WHAT DID YOU, OKAY, MR. ZUNIGA, YOU KNOW WHAT WE'RE ASKING FOR HERE? IT'S 11 OF LOTS THAT WOULD HAVE TO BE UNDER THIS. THERE IS CONTRARY INTEREST TO THIS. THE NEIGHBORHOODS THERE WHERE THE HOUSES ARE, AND PEOPLE THAT HAVE BEEN LIVING THERE FOR YEARS AND THEY CAN'T MOVE ANYWHERE ELSE. SECONDLY, TO, YOU KNOW, THE PUBLIC INTEREST IS, IT'S NOT, YOU KNOW, IN EFFECT HERE, BECAUSE THERE'S NO INTEREST IN, IN A SITUATION LIKE THAT. AND, YOU KNOW, I MEAN, THE ORDINANCE IS AN UN UNNECESSARY HARDSHIP. WELL, IT ISN'T, NOT BECAUSE THEY HAVE OTHER, UH, THE APPLICANT HAS OTHER, UH, AVENUES OF APPROACH INTO CONFIGURING [03:00:01] THE LOTS AS THEY ARE INSTEAD OF RE PLOTTING THEM, ET CETERA. IT, IT IS A, AND YOU KNOW, I, I HATE TO SAY THIS, BUT THIS IS NOT IN THE SPIRIT OF THE LAW, IN THE SPIRIT OF MEN MENTAL, YOU KNOW, CULTURE OR SOCIALISM. AND, AND IT, IT, IT'S NOT BECAUSE THE LOTS WILL BE ON, ON TOP. THE DUPLEXES WILL BE ON TOP OF ONE ANOTHER. ALRIGHT, THANK YOU MR. UH, THERE NO OTHER USE, YOU KNOW, IN THE VARIANCES ON THERE. THANK YOU. THANK YOU, SIR. AND TO ALL THIS IS JUST TO ALTER THE DISTRICT ALTOGETHER. AND BECAUSE OF THE FACT IS THAT, YOU KNOW, I MEAN, IT, IT'S, IT'S NOT A GOOD SITUATION AND HOUSES CAN BE BUILT THERE AND WITHOUT HAVING TO REPL. ALRIGHT, THANK YOU, SIR. WE'RE GONNA GO AHEAD AND TAKE THE, UH, THE ROLL CALL VOTE. MS. KAPLAN. UH, I CONCUR WITH THE FINDINGS OF FACT. MR. MENCHACA. I CONCUR. MR. SPIELMAN. I CONCUR. MS. LYNN? I CONCUR. MS. CRUZ. HMM. I'LL CONCUR FOR RIGHT NOW. MR. ZUNIGA? NO, NO. MR. MANNA. MR. MANNA, I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. QUEZ. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. CHARLES ZUNA. I CONCUR. UH, WITH THE VOTE. A SEVEN, FOUR, AND THREE AGAINST THE MOTION DOES NOT PASS. PLEASE GET WITH STAFF FOR YOUR OPTIONS, UM, WITH THE PROJECT. UM, AT THIS TIME, DOES ANYBODY NEED LIKE A FIVE MINUTE BREAK OR ARE WE GOOD? OKAY, LET'S KEEP GOING. NEXT CASE, PLEASE. OKAY. ITEM NUMBER 10 IS BO A DASH 23 DASH 0 3 0 0 0 1 0. ADDRESS BEING 2 5 7 LAVERA BOULEVARD IN CITY COUNCIL. DISTRICT NUMBER ONE, APPLICANT BEING MICHAEL POTTER. A REQUEST FOR A THREE FOOT FOUR INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE ONE FOOT EIGHT INCHES FROM THE SIDE PROPERTY LINE. THE CURRENT ZONING IS R FOUR. THE SUBJECT PROPERTIES LOCATED ALONG LAVERA BOULEVARD, EAST OF SAN PEDRO AVENUE. THE APPLICANT WAS IN THE PROCESS OF CONDUCTING RESIDENTIAL REPAIRS, BUT WAS PROMPTED DURING THE PERMITTING PROCESS THAT THEY WOULD NEED A VARIANCE FOR THE SIDE SETBACK. FOR THE REAR STRUCTURE. THE OFFICE OF HISTORIC PRESERVATION PROVIDED AN ADMINISTRATIVE CERTIFICATE OF APPROPRIATENESS FOR THE PROJECT. AND THEN THIS IS THE SITE PLAN AND THE SUBJECT PROPERTY, AND THEN THE REAR STRUCTURE. AND THIS IS AN ALTERNATE VIEW. AND THIS IS THE, UM, OVERHANG MEASUREMENT, OR, I'M SORRY, THIS IS THE SIDE SETBACK MEASUREMENT. AND THEN THIS IS THE OVERHANG MEASUREMENT WITH A SIMILAR STRUCTURE IN THE DISTANCE AND THEN THE SURROUNDING AREAS. STAFF RECOMMENDATION FOR THE SIDE SETBACK VARIANCE STAFF RECOMMENDS APPROVAL OF A THREE FOOT FOUR INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE ONE FOOT EIGHT INCHES FROM THE SIDE PROPERTY LINE IN BO O A DASH 23 DASH 0 3 0 0 1 0 BASED ON THE FOLLOWING ONE, THE STRUCTURE IS CURRENTLY ONE FOOT EIGHT INCHES FROM THE SIDE PROPERTY LINE AND HAS NOT BEEN CONTRARY CONSIDERING IT WAS CONSTRUCTED IN 1940 AND TWO. THE REQUEST DOES NOT SEEM TO BE OUTTA CHARACTER WITH THE COMMUNITY AS OTHER STRUCTURES WERE SEEN WITH REDUCED SETBACKS. AND THIS IS THE NOTIFICATION PLAN. STAFF MAILED 28 NOTICES, UH, FIVE RETURN IN FAVOR, ZERO IN OPPOSITION, AND WE HAD NO RESPONSE FROM THE ALMO PARK TERRACE NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. MR. POTTER. THANK YOU. HELLO. GOOD AFTERNOON. UH, MICHAEL POTTER, 2 5 7 LAVERA BOULEVARD. CAN YOU HEAR ME? OKAY? UH, MICHAEL POTTER, 2 5 7 LAVERA BOULEVARD. I'M NOT SURE THE NUMBERS, BUT UH, YEAH, THE, THE STRUCTURE WAS EXISTING, IT WAS ATTACHED BY, BY A DECK. WE ADDED, UM, A [03:05:01] BATHROOM TO THE STRUCTURE, WHICH THEY'RE SAYING THAT IT'S, WE'RE CHANGING THE USE OF THE STRUCTURE AND SO THAT'S WHY WE NEED THE VARIANCE. UM, IT'S A HOUSE THAT I'M PUTTING TOGETHER FOR MY MOM, AND SHE'S GONNA USE IT MUCH THE SAME AS IT WAS. IT WAS A, IT WAS A WORKSHOP BEFORE AND IT'S GOING TO BE A HOME OFFICE FOR HER NOW. UM, THAT'S PRETTY MUCH IT. WE RUN INTO SOME ISSUES WITH THE PERMITTING BECAUSE THE, THE GENTLEMAN, JAMES BOMB, I BELIEVE IT WAS RETIRED, UM, HE'S NOT AROUND TO HELP US SORT THIS OUT. UM, SO WE ARE, UM, GOING THROUGH THIS PROCESS NOW. THAT'S MY EXPLANATION. THANK YOU MR. POTTER. ALRIGHT, LET'S SEE. DO WE HAVE ANYBODY SIGNED UP TO SPEAK, UH, ANY PUBLIC INPUT? NOT ON THIS ITEM, NO, SIR. ALRIGHT. ANY, UH, ANY OTHER PUBLIC REBUTTAL OR COMMENTS BEFORE WE CLOSE THE PUBLIC PORTION OR NOT? UNLESS ANYBODY HAS ANY OBJECTIONS? UH, LET'S, THE, THE BOARD HAS ANY QUESTIONS? OH, YES. . OKAY. I JUST HAVE A QUESTION. UH, I WANT TO CLARIFY ONE THING. YES, SIR. YOU, THE WORD, THE WORD USED HERE WAS REPAIRS VERSUS REMODELING. YES. VERSUS YOU ADDING A BATHROOM. WHAT ARE, WHAT ARE WE TALKING ABOUT? UM, IN, IN, IN, IN THE PROJECT IN TOTAL? WELL, YES, I MEAN, TO A CALL FOR THE VARIANCE, WHAT IS A REPAIR THAT CALLS FOR THAT VARIANCE LIKE THAT? WELL, ACTUALLY THE REPAIR PORTION OF IT IS NOW BE, BECAUSE IT WAS ORIGINALLY THE PERMIT WAS PULLED, UM, UH, WITH, WITH THE HELP OF THIS GENTLEMAN WHO'S NO LONGER WITH THE, THE PERMIT OFFICE OR, UM, UM, WHAT, WHAT, UM, DEVELOPMENT SERVICES. UM, WE PULLED A PERMIT. I, I'M, I'M NEW HERE TO SAN ANTONIO. UM, I BOUGHT THIS HOUSE AND ANOTHER HOUSE FOR MYSELF. UM, GOING THROUGH A LOT OF CHALLENGES, , UH, DEALING WITH, UM, JUST THE DIFFERENCES FROM WHERE, WHERE I, I'VE BEEN LIVING, UH, AND REMODELING BEFORE. SO WE ORIGINALLY PULLED A REPAIR PERMIT, I BELIEVE, I'M NOT REALLY EVEN SURE. I CAME HERE. I SAID, I NEED A PERMIT. THIS IS WHAT WE'RE DOING. WE'RE ADDING THREE BATHROOMS. TWO IN THE, IN THE MAIN HOUSE WAS ACTUALLY, UM, ADAPTING ONE BATHROOM. SO ADDING ONE IN THE MAIN HOUSE AND THEN AN ADDITIONAL ONE IN THE BACK WORKSHOP. UM, SO, BUT NOW THAT WE'RE DOING THE, THE, THE VARIANCE PROCESS, THERE'S GONNA BE A SEPARATE PERMIT PULLED, WHICH I HAVE APPLIED FOR, AND THEY'RE AWAITING APPROVAL OF THE VARIANCE TO APPROVE THE, THAT THAT PERMIT. WHAT IS THAT PERMIT FOR? THAT'S WHAT THEY'RE ASKING. WHAT IS THE OTHER PERMIT FOR? YEAH, I'M, IT'S WHATEVER THEY ADVISE ME TO GET. I REALLY DON'T KNOW. I JUST CA I CAME HERE TO THE DEVELOPMENT SERVICES TO TOLD THEM WHAT I WAS DOING AND I, I DON'T KNOW IF ANYTHING MIGHT BE ON ONLINE STAFF WHERE YOU CAN, RIGHT. BECAUSE WELL, THE PERMIT THAT HE HAS, HE DOES HAVE A PERMIT THAT SHOWS FROM SEPTEMBER, 2022 FOR RESIDENTIAL REPAIR. AND MY GUESS IS THAT HE DIDN'T EXCEED THE, UH, THRESHOLD, WHICH WOULD MAKE HIM HAVE TO CONFORM WITH ANYTHING. SO NOW THERE MUST BE SOME OTHER ACTIVITY THAT IS REQUIRING THE VARIANCE, UH, TO THE EXISTING STRUCTURE. SO, NO, IT WAS JUST THAT THE, THE, THE, THE, WHEN THE INSPECTOR CAME OUT, HE REQUIRED A SEPARATE PERMIT BE PULLED FOR THE BACK STRUCTURE. AND SO THAT TRIGGERED THE, THE VARIANCE. IT WASN'T ACTUALLY THAT THE WORK SCOPE OF WORK CHANGED, IT WAS JUST THAT THEY WERE REQUIRING A SEPARATE PERMIT. BRAGMAN, MR. BRAGMAN. SO, UM, QUESTION. YES MA'AM. SO YOU HAVEN'T MOVED THE PROPERTIES AT ALL? NO. OKAY. SO NO, THERE'S A GIANT TREE THAT'S THAT TEXAS A AND M TELLS ME IS ONE OF THE OLDEST OF ITS KIND IN THE CITY RIGHT NEXT TO THE, THE HOUSE. UM, AND THEN OBVIOUSLY NOW THAT WE HAVE THE PLUMBING AND ALL OF THIS DONE, UH, IT WOULD MAKE IT VERY COSTLY TO, TO MOVE THE BUILDING AND OBVIOUSLY TEARING DOWN THE TREE, WHICH W WOULD BE A TERRIBLE THING. OKAY. SO FROM WHAT I UNDERSTAND, WHAT'S TRIGGERED THIS IS, EVEN THOUGH THE STRUCTURES HAVE BEEN IN PLACE FOR MANY, MANY YEARS, WHAT'S TRIGGERED THIS IS THE, THE PERMITS THAT HE'S REQUESTED. THEY'RE CALLING IT A CHANGE OF USE, RIGHT? IT WAS, UH, THAT'S WHAT WE'RE, WE'RE LOOKING AT RIGHT NOW. IT, IT USED TO BE A GARAGE AND THEY'RE TR THEY'RE MAKING IT AN ACCESSORY DWELLING UNIT. AND THE DWELLING UNIT WILL REQUIRE OTHER REQUIRES. WELL, IT'S ACTUALLY, SO WE'RE THERE, WE'RE DEFINING IT. IT, IT'S, IT'S NOT GONNA ACTUALLY, WE'RE, WE'RE NOT APPLYING FOR AN [03:10:01] ACCESSORY DWELLING UNIT BECAUSE THIS IS NOT MY, UM, MY, MY HOMESTEAD. MY HOMESTEAD IS ELSEWHERE. UM, ONCE MY MOM MOVES IN THERE, SHE CAN APPLY FOR IT TO BECOME A ACCESSORY DWELLING UNIT. AND IF SHE, YOU KNOW, SHE'S 75 NOW, IF LATER ON SHE NEEDS SOMEBODY TO MOVE THERE, THEN WE WILL. WE'LL, AND THAT'S PART OF THE REASON OF DOING THIS AS WELL. UM, SO THAT IF I HAVE TO HAVE SOMEBODY CARE FOR HER, THEY WILL BE THERE, UM, TO DO THAT. SO FOLLOW UP. SO THE BACK STRUCTURE IS GONNA HAVE A BATHROOM, BUT NO KITCHEN. CORRECT. OKAY. THANK YOU. THANK YOU. ANY OTHER QUESTIONS? ALRIGHT, HEARING NONE. UM, SOMEBODY WOULD LIKE TO MAKE A MOTION. BRAGMAN MS. BRAGMAN, UM, I, I, OH, SHOULD I ASK HIM ABOUT THE FENCE? REGARDING CASE NUMBER BO A DASH 23 DASH 0 3 0 0 1 0? I MOVE TO THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A THREE FOOT FOUR INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A STRUCTURE TO BE ONE FOOT EIGHT INCHES FROM THE SIDE PROPERTY LINE SITUATED AT 2 5 7 LAVERA BOULEVARD. APPLICANT BEING MICHAEL POTTER. BECAUSE THE TESTIMONY, UH, PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY RESTRICTED SETBACKS. TO PROVIDE AMPLE SPACING BETWEEN STRUCTURES, THE APPLICANT IS REQUESTING A VARIANCE TO THE SIDE SETBACK TO ALLOW STRUCTURE TO BE ONE FOOT EIGHT INCHES FROM THE SIDE PROPERTY LINE WITH A ONE FOOT OF OVERHANG PER BCA. THE STRUCTURE WAS CONSTRUCTED AND HAS BEEN IN EXISTING FOOTPRINT SINCE 1940, WHICH HAS NOT BEEN CONTRARY TO THE PUBLIC INTEREST. UH, WITH ITS REDUCED SETBACK. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN APPLICANT BUILDING THE STRUCTURE OF FIVE FEET FROM THE SIDE PROPERTY LINE, WHICH RESULTS IN UNNECESSARY HARDSHIP. CONSIDERING THE STRUCTURE IS EXISTING. 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, THE ACCESSORY STRUCTURE IS CURRENTLY ONE FOOT EIGHT INCHES FROM THE SIDE PROPERTY LINE WITH A ONE FOOT OVERHANG, WHICH OBSERVES THE SPIRIT OF THE ORDINANCE CONSIDERING IT WAS ESTABLISHED BEFORE THE CURRENT U D C REGULATIONS. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCES 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 THE DISTRICT, UH, IN WHICH THE PROPERTY PROPERTY'S LOCATED. IF GRANTED, THE STRUCTURE WILL MAINTAIN ONE FOOT EIGHT INCHES FROM THE SIDE PROPERTY LINE, APPLYING SITE VISITS. STAFF OBSERVED OLDER HOMES AND STRUCTURES WITH A REDUCED SIDE AND REAR SETBACKS, WHICH DOES NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT OR IMPOSE ON THE FABRIC OF THE COMMUNITY. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY OF 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 OR 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 OF WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE STRUCTURE BEING EXISTING. ADDITIONALLY, THE REQUEST DOES NOT SEEM UNUSUAL. THE CHARACTERISTIC OF THE NEIGHBORHOOD, THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION. WHAT DO HAVE A SECOND, SECOND, SECOND. DO I HEARD THAT ONE FIRST? ALRIGHT, MS. BRAGMAN, WOULD YOU LIKE TO PROVIDE ANY COMMENTS? YEAH, SO I'LL BE IN SUPPORT OF THIS MOTION. UM, THE STRUCTURE HAS BEEN IN EXISTENCE FOR, I CAN'T EVEN COUNT THAT HIGH, BUT SINCE 1940. SO, UM, I DON'T SEE THAT IT'S GOING TO INJURE ADJACENT PROPERTIES. IT'S IN CHARACTER WITH THE NEIGHBORHOOD. SO I'LL BE SUPPORTING THE MOTION. THANK YOU. I CONCUR WITH MY COLLEAGUE. THANK YOU. WITH THAT SAID, UH, LET'S TAKE A ROLL CALL. VOTE MS. BRAGMAN. I CONCUR THE FINDINGS OF FACT. 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. MS. KAPLAN I CONCUR. MR. VASQUEZ? I CONCUR. CHARLES ZUNA? YES. I CONCUR WITH UNANIMOUS, UH, VOTE THE VARIANCE PASSES. UH, GOOD LUCK. LOOK, GOOD LUCK WITH THE PROJECT. THANK YOU. THANK YOU. [03:15:01] ALRIGHT, LAST CASE. GOOD AFTERNOON. AGENDA ITEM NUMBER 11, BO 8 23 1 0 3 0 0 0 1 9. ADDRESS IS 1 3 9 8 5 FM 1560 COUNCIL DISTRICT EIGHT. APPLICANT IS P DAWSON. ENGINEERS A REQUEST FOR A PARKING LOCATION VARIANCE AS DESCRIBED IN SECTION 35 DASH THREE 10.01. TABLE THREE 10 DASH ONE NOTE SIX TO ALLOW PARKING WITHIN THE FRONT 20 FOOT OF THE FRONT SETBACK. ZONING IS MF 18. SUBJECT PROPERTY IS LOCATED ALONG FM 1560 WEST OF 1604 AND IS CURRENTLY A VACANT COMMERCIAL PROPERTY. THE APPLICANT IS PROPOSING A VARIANCE TO ALLOW PARKING WITHIN THE 20 FEET FRONT SETBACK REQUIREMENT AND A VARIANCE WILL ALLOW ADEQUATE PARKING SPACES FOR A SUPPORT BUILDING ASSOCIATED WITH THE APARTMENT COMPLEX SITE PLAN. AND IT'S OVERALL SITE PLAN KIND OF SHOWING UM, WHERE THE PARKING SPACES WOULD BE THERE ON HOUSEMAN AND THE SUBJECT, UH, PROPERTY AND THE SURROUNDING AREAS. RECOMMENDATION FOR FRONT SETBACK VARIANCE STAFF RECOMMENDS APPROVAL AND BILL O A 2 3 1 0 3 0 0 0 1 9 BASED ON THE FOLLOWING FINDINGS, DUE TO DESIGN AND CONFIGURATION, THE PROPOSED BUILDINGS AND SIZE OF THE PROPERTY AND TWO, THERE IS NOT SUFFICIENT SPACE AVAILABLE TO HAVE PARKING OUTSIDE THE 20 FEET FRONT SETBACK AS THIS PARKING WILL SUPPORT A BUILDING ASSOCIATED WITH THE APARTMENT COMPLEX NOTIFICATION PLAN. STAFF MAILED OUT 61 NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION, ONE OPPOSITION OF OUTSIDE OF 200 FEET AND NO RESPONSE. RESPONSE FROM THE VERY ENFORCED HOMEOWNERS ASSOCIATION. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. THANK YOU MS. THOMAS. HAVE THE APPLICANT FORWARD. HE HAS A PRESENTATION. HELLO, I'M ANDREW BELTON WITH OR 2000 NORTHWEST LOOP FOUR 10. UH, FIRST OF ALL, THANK YOU GUYS. IT'S BEEN A, A LONG AFTERNOON, SO I APPRECIATE YOU GUYS STICKING IT OUT FOR THE LAST, UH, LAST ITEM. UH, I WOULD LIKE TO GIVE JUST A LITTLE BIT OF COLOR BEHIND THE REQUEST AND HOW WE ARE HERE. WHILE THE SITE IS UNDER CONSTRUCTION, WE ACTUALLY RECEIVED A SITE WORK PERMIT FROM THE CITY OF SAN ANTONIO. THE ZONING REVIEW DID NOT CATCH THAT WE DIDN'T HAVE A BUILDING WITHIN THE 20 FOOT MAX SETBACK. WE DO MEET THE REQUIREMENTS FOR, UH, THE, UH, SECTION OF CODE THAT ALLOWS YOU TO GO PAST THE 20 FEET OF MAX SETBACK BECAUSE OF OUR, UM, FRONTAGE LENGTH. THE PROBLEM IS WE DON'T HAVE A BUILDING, UM, I'M SORRY. WE ARE, WE ARE PROPOSING TO PARK WITHIN THAT 20 FEET AS SEEN BY THE SITE PLAN. UH, NEXT SLIDE. SO, UH, THE SITE IS CURRENTLY UNDER CONSTRUCTION. UH, THE ROAD NETWORK OR THE PRIVATE DRIVES ARE ALL CUT IN. THE UTILITIES ARE MAINLY INSTALLED, ESPECIALLY ALONG HAUSMAN. THE DEACCELERATION LANE THAT YOU CAN SEE AT OUR MAIN DRIVEWAY IS ALSO INSTALLED. SO LOSING THIS PARKING WOULD, UH, ADVERSELY AFFECT THE APARTMENT, UH, COMPLEX AND BEING ABLE TO PARK THE AMENITY AND LEASING OFFICE CORRECTLY. NEXT SLIDE. THE SITE IS VESTED TO THE 97 ORDINANCE, BUT OUR DEVELOPER IS, UH, INSTALLING, UH, AMPLE LANDSCAPE TO MEET THE REQUIREMENTS OF TODAY'S CODE. YOU CAN ACTUALLY SEE THE LANDSCAPING HERE. ALL OF THIS WOULD BE AFFECTED IF WE HAD TO SHIFT THE BUILDINGS TO BE WITHIN THAT 20 FEET TO KEEP THE PARKING. UH, NEXT SLIDE. AND THIS IS ANOTHER VIEW OF THE LANDSCAPING THAT'S BEING PROPOSED ALONG 1560. AND THIS IS THE MAIN AREA RIGHT HERE THAT IS SHOWING THE SCREENING AT THE PARKING, UH, ADEQUATE LANDSCAPING. AS I SAID, THE SITE'S VESTED BACK TO 1997, BUT, UH, PROVIDING AMPLE LANDSCAPING AND THIS IS THE, UM, GUY I GUESS KEEP MOVING EAST AND I THINK THIS IS THE LAST ONE SHOWN THE LANDSCAPING. THANK YOU. UH, DO WE HAVE ANY QUESTIONS FOR THE APPLICANT? CRUZ, MS. CRUZ? OKAY, SO RIGHT NOW THE APARTMENTS ARE ALREADY BUILT OR THEY'RE BEING BUILT AND THE GARAGE WILL BE NEXT TO THE APARTMENT. SO THE APARTMENTS WHERE THIS GOT HUNG UP IS WHEN WE WENT TO SUBMIT FOR THE ACTUAL BUILDING PERMITS THEMSELVES. EACH BUILDING STRUCTURE THAT WAS SEEN ON THAT SITE PLAN HAS ITS OWN BUILDING PERMIT NUMBER AND THAT WAS WHEN THE FRONT PARKING ON THE AMENITY WAS CAUGHT. AND SO NONE OF THE BUILDINGS THEMSELVES HAVE BEEN CONSTRUCTED YET. IT'S THE SITE THAT WAS COMPLETELY APPROVED, UH, TO INCLUDE THE PARKING. THANK YOU. UH, I HAVE A QUESTION FOR STAFF. DO, DOES THIS, UM, A CLEAR, THE CLEAR VISION [03:20:01] COME, COME INTO PLAY WITH THIS? OR WOULD, UM, PLAN, REVIEW, PICK UP ANY CLEAR VISION ISSUES AMONG SO CLOSE TO THE SETBACK OR OH, RIGHT. THEY'LL LOOK AT, UM, YEAH, NO, THE, THERE'S NOT A CLEAR VISION ISSUE WITH IT. OKAY. THANK YOU MR. BENNETT. MAY, SO I GUESS JUST, JUST FOR CLARITY, SO, SO IT'S ALONG 1560 THAT THIS, THAT THE 20 FOOT VARIANCE IS BEING SOUGHT. SO JUST ALONG THAT STRIP THERE, CORRECT? THAT'S CORRECT. AND IT'S REALLY JUST THOSE, UH, FEW PARKING SPACES RIGHT AT THE AMENITY CENTER AS SEEN IN THE PACKET. AND I GUESS WE COULD SPECIFY WITHIN THE MOTION THAT'S READ THAT IT WOULD APPLY ONLY TO THOSE CERTAIN SEGMENTED AREAS? THAT'S CORRECT. THE, THE SITE IS COMPLIANT, UM, OUTSIDE OF THAT, THAT SECTION RIGHT THERE WHERE THOSE PARKING SPACES ARE BEING PROPOSED. OKAY. I, YEAH. PERFECT. ANY OTHER QUESTIONS, MR. SPILLMAN? UH, I HAVE A QUESTION. THERE GONNA BE PARKING NEXT TO EACH OTHER. IS THERE ANY WAY THAT, LIKE IF SOMEBODY PUT A BIG SS U V IN NEXT TO ME AND I'M TRYING TO BACK OUT ONTO HAMAN ROAD, WOULD I HAVE A DIFFICULTY DOING THAT? UM, SO AS YOU CAN SEE ON THIS SITE PLAN, THE, THE GATE IS ACTUALLY INTERNAL TO WHERE THIS PARKING IS. SO WHERE THE CIRCLE IS TO THE LEFT OF THE YELLOW IS ACTUALLY THE, OH, I GET THE SHAKY GUY POINT. I, I WASN'T CLEAR ABOUT THAT AND IT MAKES A BIG DIFFERENCE. OKAY. YEAH, I APOLOGIZE FOR THAT. THE, THE GATE IS INTERNAL TO THAT. SO YOU WOULD BE ABLE TO TURN AROUND SO THERE WOULD BE NO BACKOUT MOTION ONTO HAUSMAN. AND WHAT WAS THE SIZE OF THAT? UH, THAT, THAT STRIP OF PROPERTY OR THAT UH, STRIP OF PARKING THERE IN THE CENTER? UH, WELL LIKE WHAT'S THE SIZE OR WHAT'S THE ENCROACHMENT ITSELF I THINK YEAH, THE ENCROACHMENT. SO JUST TRYING TO FIGURE OUT AS WE READ THE MOTION. SO, SO WE'RE LOOKING FOR EIGHT SPACES OR WHATEVER IT WAS, OR YOU KNOW, UNDERSTAND, CAN YOU GO BACK, CAN YOU GO BACK ONE MORE SO JUST TO MAKE SURE I GET THE CORRECT NUMBER OF SPACES? 1, 2, 3, 4, 5, 6, 7. IT'S UH, EIGHT PARKING SPACES AND RIGHT NOW THE CURB LINE I THINK IS BETWEEN 13 AND 14 FEET INSTEAD OF THE 20 THAT IS, UH, REQUIRED BY CODE. SO IT'S ENCROACHING WITHIN THAT BUFFER ABOUT SEVEN FEET OR THE FRONT YARD SETBACK I GUESS. ALRIGHT. ALRIGHT. ANY OTHER, UH, QUESTIONS FOR THE APPLICANT? IF NOT MR. MANNA? SO YEAH, JUST TRYING TO GET, JUST TRYING TO GET THE NUMBERS HERE. SO SEVEN FOOT, SO IT'S A SEVEN FOOT ENCROACHMENT INTO THE 20 FOOT, RIGHT? IS THAT WHAT I HEARD IT? IT'S RIGHT AROUND THERE. I THINK RIGHT NOW OUR PROPERTY LINE TO THE CURB LINE IS AT LIKE 13.4, BUT I, I DON'T KNOW THAT OFF THE TOP OF MY HEAD SO I DON'T WANNA, I DON'T WANT TO SAY THAT AND THEN HAVE TO BE BACK UP HERE 'CAUSE I MISSPOKE . WELL I GUESS, YOU KNOW, UM, WELL WE LIKE PUTTING PARAMETERS AROUND SOME OF IT SO AS TO, YOU KNOW, JUST PROTECT, BASICALLY PROTECT THE FUTURE OF THE PROPERTY ITSELF. SO, SO FIVE FOOT VARIANCE WOULD GIVE YOU, OR FIVE FOOT A 15 FOOT VARIANCE LEAVING FIVE FOOT, THAT WOULD GIVE YOU PLENTY OF SPACE THEN? NO, 'CAUSE WE'RE, I THINK WE'RE 13 TO THE PROPERTY LINE, SO WE WOULD NEED 10 WOULD GIVE US WHAT WE WOULD NEED. THE PARKING WITHIN 10 FEET OF THE PROPERTY LINE WOULD BE, SO 10 FEET WOULD BE ENOUGH THEN? I BELIEVE SO. OKAY. I WANNA LOOK BACK AT YOU. IS THAT RIGHT? 15. SO FROM THE PROPERTY LINE TO THE PARKING WOULD BE A 10 FOOT 'CAUSE WE'RE 13 OUT. OKAY. I JUST DON'T WANT HIM MISSPOKE 'CAUSE I, I REALLY DON'T WANNA HAVE TO JUST, AND THEN RIGHT. AND, AND THEN THE WIDTH. SO, SO HE IS TALKED ABOUT, YOU SAID SEVEN SPACES. IT'S, AND SO 15 FOOT EACH, SO THAT'S HUNDRED FOOT, THAT'S EIGHT SPACES, EIGHT SPACES AT NINE FOOT EACH, SO, SO BASICALLY A HUNDRED FOOT. SO IF WE'VE SAID A HUNDRED FOOT, SO IN THE CENTER THERE, WOULD THAT BE ENOUGH TO COVER THAT? YES. I THINK THAT GETS US COVERED. AND I'D LIKE TO JUST ADD THAT YOU CAN JUST SAY AS PER, AS PER THE SITE AS PRESENTED IN THE SITE PLAN. AS PER THE SITE PLAN. YEAH. UH, AND BECAUSE THAT'S GONNA DICTATE THE NUMBER OF SPACES AND THAT'S GONNA DICTATE THE LOCATION. AND IF THERE'S ANY DEVIATION FROM THAT, THEN THERE'LL BE AN ISSUE. PERFECT. THAT'S EVEN BETTER. THANK YOU. I LIKE THAT. ALRIGHT, MS. MANA. OKAY, SO I, I CAN GO AHEAD AND READ THIS. SO REGARDING CASE NUMBER BOA 2 3 1 0 3 0 0 0 1 9, I MOVED TO THE BOARD OF ADJUSTMENT. UH, GRANT A REQUEST FOR A PARKING LOCATION VARIANCE TO ALLOW PARKING WITHIN THE FRONT 20 FEET, UH, THE FRONT SETBACK. UM, EXCUSE ME, SORRY. WE DO HAVE A VOICEMAIL ON ONE SPEAKER ON THIS. SORRY. SORRY. OKAY. SORRY. I PLAYED A VOICEMAIL. I RETRACT EVERYTHING I JUST SAID. THAT'S, I, THAT'S MY BAD. JUST SIX VOICEMAILS. SIX VOICEMAILS. OKAY. SIX VOICEMAIL. HELLO, THIS IS DANIEL SEAL. I'M CALLING ABOUT CASE NUMBER BO O A DASH 23 DASH 3 1 9. WE OWN THE ADJOINING PROPERTY AND ARE WHOLEHEARTEDLY IN FAVOR OF THE VARIANCE. THANK YOU. GOODBYE . HELLO, MY NAME IS CHARISMA VIAL AND I LIVE IN THE, UM, ARBOR OF SONOMA RANCH. THIS IS IN REFERENCE TO, [03:25:02] UH, CASE NUMBER BO A 23 DASH 0 3 0 1 9. UM, I AM IN OPPOSITION FOR THE REQUEST FOR A PARKING LOCATION VARIANCE. UM, AGAIN, I LIVE IN SONOMA RANCH AT 88 42 IMPERIAL CROSS. HELLO TO TEXAS. UH, PLEASE DENY THIS REQUEST FOR THE PARKING LOT VARIANCE. UH, AGAIN, I AM IN OPPOSITION IN REGARDS TO CASE, UH, BO A DASH 23 DASH 0 3 0 0 1 9. UM, MY NAME IS TRUDY AL AT 89 20 EAGLE BEND. HELLO TO TEXAS 7 8 0 2 3. I WANNA REGISTER MY OPPOSITION FOR THE REQUEST FOR A PARKING LOCATION VARIANCE. I OPPOSE THIS REQUEST IN REGARDS TO CASE NUMBER D O A DASH TWO THREE DASH 0 3 9. MY NAME IS ALAN AL. MY ADDRESS IS 89 20 EAGLE BEND. I WANT TO REGISTER MY APPLICATION FOR THE REQUEST FOR A PARKING LOCATION VARIANCE. I OPPOSE THIS REQUEST. THANK YOU. MY NAME IS ALFREDO CASTILLO. I LIVE IN SONSONA RANCH. CASE NUMBER OH 3 0 8 DASH 23 DASH 1 0 3 0 0 0 1 9. I WANT TO REGISTER MY OPPOSITION TO THE REQUEST FOR A PARKING LOCATION OF VARIOUS THANK YOU. OKAY. CASE NUMBER IS B A V A DASH 23 DASH 1 0 3 0 0 0 1 9. MY NAME IS FRANKLIN BENNETT AND I LIVE AT 89 28 EAGLE BEND AND I'M OPPOSED TO BUILDING A PARKING LOCATION. VARIANCE. THANK YOU. BYE. THIS CONCLUDES THE VOICEMAILS. ALRIGHT, UH, WE GOT, UH, ONE PUBLIC SPEAKER. OKAY. UH, MR. TOM NEWTON. ALSO, PLEASE STATE YOUR NAME FOR THE RECORD. MY NAME IS TOM NEWTON. I'M AN ATTORNEY. MY BUSINESS ADDRESS IS 62 43 H 10 WEST SUITE 700 SAN ANTONIO. I'M HERE ON BEHALF OF MY CLIENT, THE ARBOR AT SONOMA RANCH HOMEOWNERS ASSOCIATION. THAT IS A COMMUNITY THAT IS NEAR THE PROPOSED, UH, ADJUSTMENT. AND I WAS CALLED THIS MORNING AT ABOUT 10 O'CLOCK AND I WAS TOLD THAT MY CLIENT HAD JUST FOUND OUT ABOUT THIS AND THEY WERE VERY ALARMED AND THEY WANTED ME TO SHOW UP AND TO LET YOU KNOW THE REASONS FOR THEIR ALARM. UH, MY CLIENT ENTERED INTO AN AGREEMENT OUT OF ZONING CASE Z 2007 0 4 5 IN MAY OF 2007 WITH THE OWNER OF A LARGE PARCEL OF LAND. UH, IT'S MY INFORMATION THAT THIS IS ONE LITTLE PIECE OF THAT. UM, MY CLIENT DID NOT GET NOTICED. THE BAVARIAN FOREST HOMEOWNERS ASSOCIATION DID, BUT THE ARBOR AT SONOMA RANCH DID NOT. AND, UH, THEIR CONCERNS ARE THREEFOLD. NUMBER ONE, THEIR CONCERNED ABOUT WHAT THIS WILL DO TO PARKING, UH, THE PARKING, THE TRAFFIC PATTERNS. EXCUSE ME. AND, UH, I WILL TELL YOU THAT THEY JUST FOUND OUT ABOUT THIS APPARENTLY THIS MORNING. SO THEY, THEY'RE NOT REALLY EVEN SURE IF, IF THESE CONCERNS ARE, UH, BACKED UP. BUT THEY'VE SAID IF THESE THINGS ARE VALID, IT'S A BIG PROBLEM FOR THIS 851 HOME SUBDIVISION. AND THAT IS, UH, UH, UH, IMPACT ON, UH, TRAFFIC PATTERNS AND INCREASE IN TRAFFIC IN ADDITIONAL IN THE AREA. AND THE POSSIBILITY THAT THIS MAY SOMEHOW ALLOW PARKING ON SONOMA PARKWAY. I DON'T KNOW IF ANY OF THAT'S TRUE. IF NONE OF IT'S TRUE. I DON'T THINK MY CLIENTS WOULD BE IN OPPOSITION FOR IT. THEY'VE NOT TOLD ME THAT. BUT WHAT THEY HAVE TOLD ME IS THAT THEY'RE VERY CONCERNED, THEY DID NOT HEAR ABOUT THIS AND THEY DON'T WANT IT TO JUST BE, UH, PA UH, TO FLY THROUGH. MM-HMM. , THAT'S ALL I HAVE. I'LL ANSWER ANY QUESTIONS. YES, SIR. WELL, LET'S SEE. I THINK WE'RE GONNA HAVE SOME QUESTIONS HERE. QUESTION, UH, MR. MANON AND MR. SO, SO SIR, CAN YOU, CAN YOU REPEAT THE THREE YOUR, YOUR THREE OBJECTIONS? I THINK YOU'S LISTED THREE. SO YES. UH, IMPACT ON TRAFFIC PATTERN AND INCREASE IN TRAFFIC AND PARKING ON SONOMA PARKWAY. SO, UM, SO I THINK, SO, SO JUST A QUESTION HERE, JUST KIND OF IN GENERAL. SO, SO THERE'S A APARTMENT OR, UH, YEAH. APARTMENT COMPLEX COMING IN AND SO THIS IS SPECIFICALLY TO ALLOW FOR SEVEN ADDITIONAL SPOTS BEING CLOSER TO THE ROADWAY ITSELF. MM-HMM. . SO, [03:30:01] SO IT'S, SO IF THE APARTMENTS ARE COMING IN, YOU KNOW, THAT'S A DIFFERENT DIALOGUE WITH REGARDS TO THE, UM, THE, UM, THE ADDITION, YOU KNOW, THE ADDITION OF TRAFFIC AS WELL AS THE, UM, IMPACT OF TRAFFIC THERE IN THE AREA. SO, SO THAT'S A DIFFERENT DIALOGUE THAT, YOU KNOW, LIKE, YOU KNOW, I GUESS WE CAN TAKE INTO CONSIDERATION, BUT YOU KNOW, DEPARTMENTS, YOU KNOW, ARE, YOU KNOW, THEY'RE WORKING THROUGH THAT DIALOGUE. UM, AS FAR AS PARKINSON SONOMA, I THINK THERE CAN BE SOMETHING SAID ABOUT THAT WITH REGARDS TO, I I THINK THAT'S A MAJOR THOROUGHFARE AND I DON'T KNOW THAT PARK WOULD BE ALLOWED ON THAT STREET AT ALL. SO, SO I THINK THAT ONE CAN BE ADDRESSED. SO, SO, YOU KNOW, I GUESS THE QUESTION WOULD BE, YOU KNOW, JUST FROM APARTMENT PERSPECTIVE, ARE THEY OPPOSED TO THE APARTMENT COMPLEX COMING IN? NO, THE THREE CONCERNS ARE WHAT I TOLD YOU. OKAY. IS THAT, YEAH, THE SUM THANK YOU QUESTIONS MR. ZUNIGA? YEAH, THIS IS FOR STAFF MR. CHAIR. UH, THE GENTLEMAN SAYS THAT HIS CLIENT HAD NOT RECEIVED A NOTICE. UH, AND UH, CAN YOU YES, I CAN ACTUALLY ADDRESS THAT. UM, THEY'RE NOT IN OUR SYSTEM AS A REGISTERED COMMUNITY ORGANIZATION. UM, WE DO HAVE THAT ABILITY NOW. UH, SO THEY CAN ACTUALLY, WITH THE NEW CODE AMENDMENTS THAT HAPPENED, UH, EFFECTIVE JANUARY ONE, IF YOU'RE A COMMUNITY ORGANIZATION, YOU CAN REGISTER ONLINE TO GET UPDATES ABOUT NOTICES FOR BOARD OF ADJUSTMENT CASES, ZONING CASES, AND ALSO FOR PLANNING COMMISSION. SO, UM, IT, IT JUST, THAT'S WHY THEY DIDN'T GET NOTICE. AND BAVARIAN FOREST DID IS BECAUSE THEY ARE A REGISTERED NEIGHBORHOOD ASSOCIATION WITH THE CITY . THANK YOU. UH, MR. AND THEN, SO JUST, JUST ONE FOLLOW UP ON THERE. SO, AND THEN ALSO THE CITY DID PUBLISH OR POST THE YELLOW SIGN OUT IN FRONT OF THE PROPERTY, UH, ALONG 1560 I GUESS SO, YES. NO, WE DON'T POST, WE DON'T POST YELLOW SIGNS FOR THE, UH, B O A CASES. IT'S JUST FOR REZONING. IT'S REZONING. OH. WE DID OBVIOUSLY PUBLISH THE NEWSPAPER AND SENT ALL PROPERTY OWNERS IN THE PAPER. OKAY. THANK YOU. I, UH, MR. CHAIRMAN, SO MR. ZUNIGA, I'VE GOT THE FLOOR, WELL, AT THE FLOOR BEFORE, WELL, I'M SORRY. WELL THAT WAS, UH, I'VE, THE, THE CHAIR HAS RECOGNIZED MR. BRAGMAN AND THEN MR. ZUNIGA. THANK YOU. UH, THIS QUESTION IS ACTUALLY FOR THE APPLICANT. SO, UM, AND STAFF, IF WE COULD BRING THE SITE PLAN BACK UP PLEASE. THE ONE FROM D S D SITE PLAN? THAT ONE? YES. SO MY UNDERSTANDING, PLEASE CORRECT ME IF I'M WRONG, THAT YELLOW BOX THERE, THAT'S THE LOCATION THAT YOU'RE ASKING FOR THE VARIANCE FOR, FOR THE PARKING SPOTS. AND THAT'S STRICTLY IN FRONT OF THE AMENITY CENTER? THAT IS CORRECT. SO IT, IT'S THAT SMALL PORTION. WOULD YOU, UH, HAVE AN IDEA OF HOW LARGE A SPACE WE'RE TALKING ABOUT? UH, IT'S PROBABLY ROUGHLY A HUNDRED SQUARE FEET, IS THAT RIGHT? A HUNDRED SQUARE FEET? I'D HAVE TO DO THE MATH ON THAT. NO, WELL, IT'S GONNA BE, UH, 12 BY, NO, 12 BY SEVEN BY 1800 SQUARE FEET, ROUGHLY 1800 SQUARE FEET. OKAY, THAT SOUNDS MORE LIKE IT. SO WE'RE NOT TALKING ABOUT THE ENTIRE LENGTH OF THE APARTMENT COMPLEX, WE'RE TALKING ABOUT THAT, THAT PORTION DIRECTLY IN FRONT OF THE AMENITIES CENTER. THAT IS CORRECT. THANK YOU. AND THEN COULD YOU SPEAK TO THE, UH, UM, LANDSCAPING PACKAGE THAT IS ENHANCED WITH YEAH. AND IF IT'S OKAY, I'D LIKE TO JUST TOUCH ON THE, THE, THE CONCERNS, IF THAT'S OKAY. YOU'RE ALLOWED A REBUTTAL. OKAY. TO THE COMMENTS. UM, SO A COUPLE COUPLE THINGS. THE SITE, THE SITE WAS REZONED, THE ZONING CASE WAS APPROVED. THE SITE HAS GONE THROUGH THE PLATTING PROCESS, WHICH INCLUDED A FULL T I A ANALYSIS, UH, NOT JUST A T I A WORKSHEET. THIS SITE DID, UH, UH, HAVE SIGNIFICANT TRIPS TO IT THAT WERE ANALYZED WITH THE SURROUNDING DEVELOPMENTS. UH, THE IMPROVEMENTS FOR THE SITE, UH, LIKE I ALREADY SAID, HAVE BEEN INSTALLED ON HAUSMAN, WHICH IS THIS DEACCELERATION LANE, WHICH ALLOWS FOR SAFE SLOWDOWN TO GET INTO THE SUBDIVISION. THERE'S AN EMERGENCY ACCESS ON SONOMA AND THIS PARKING WILL ACTUALLY HELP WITH ANY KIND OF OVERFLOW ON THE SITE, ALTHOUGH WE DON'T EXPECT IT 'CAUSE THE SITE IS ADEQUATELY PARKED. AND THEN SOME WITH THE GARAGE SPACES. THANK YOU. AND THEN STAFF, DID YOU, UH, ON HAUSMAN ROAD, IS THERE ANY PARKING ALLOWED WITHIN THE SHOULDERS OR ANYTHING ON HAUSMAN ROAD WITH NO SIR. THERE'S COLLECT, THERE'S NOT ANY PARKING ALLOWED ALONG THAT ROADWAY? NO. YEAH. OKAY. THANK YOU. ANY OTHER QUESTIONS FOR THE EXCUSE? UH, JUST ONE. SO WE'RE TALKING ABOUT MAYBE, UH, 10 PARKING SPACES? THAT'S CORRECT. THAT'S WHAT I THOUGHT. THANK YOU. ANY OTHER THAT'S, ANY OTHER QUESTIONS? ALRIGHT. THANK, THANK YOU SIR. AND THAT CLOSES THE PUBLIC PORTION OF THE MEETING AND THEN WE'LL MOVE FORWARD WITH THE MOTION. I APPRECIATE IT. THANK YOU. SO REGARDING CASE NUMBER BO EIGHT, UH, 2 3 1 0 3 0 0 0 1 9, MOVED AT THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A PARKING [03:35:01] LOCATION VARIANCE TO ALLOW PARKING WITHIN THE FRONT 20 FEET OF THE FRONT SETBACK AS DEFINED ON THEIR PLAN SITUATED AT 1 3 9 8 5 FM 1560, APPLICANT BEING PAP DOSS ENGINEERS, 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 A NECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST DUE TO THE DESIGN AND CONFIGURATION OF THE PROPOSED BUILDINGS. THE PARKING WITHIN THE 20 FOOT FRONT SETBACK REQUIREMENT DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS. SO LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF FINDS HARDSHIP ON THIS PROPERTY AS THERE IS NOT ADEQUATE SPACE TO MEET THE 20 FOOT FRONT SETBACK REQUIREMENT FOR NO PARKING. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS THE PARKING CANNOT BE OUTSIDE THE 20 FOOT FRONT SETBACK REQUIREMENT AND AS DEFINED ON THEIR PLAN. UH, 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 ITS PROPERTY IS LOCATED. STAFF, UH, FINDS EVIDENCE THAT THE REQUESTED VARIANCE FOR PLACING PARKING WITHIN THE 20 FOOT SETBACK WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT TO 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. BECAUSE OF THE CONFIGURATION OF THE BUILDING'S, UH, PROPOSED BUILDING'S PROPOSAL FOR PARKING WITHIN THE 20 FEET FRONT, THAT BACK IS APPROPRIATE FOR THIS AREA AS TO FIND THEIR, UH, PLANS. THE REQUEST IS NOT MERELY FINANCIAL END OF MOTION. I HAVE A SECOND. SECOND, SECOND. MR. BRAMAN. UM, MR. MANO, WOULD YOU LIKE TO PROVIDE SOME? SURE. SO, SO I'LL BE VOTING IN FAVOR OF THIS. SO I THINK, UM, YOU KNOW, WHEN I LISTEN TO THE COMMITTEE, I, I, YOU KNOW, I WAS TRYING TO LISTEN FOR WHATEVER THEIR, THEIR OPPOSITION WAS. AND YOU KNOW, WHEN, YOU KNOW, WHEN YOU HEAR SOMETHING ABOUT, YOU KNOW, THIS GIANT SETBACK, YOU KNOW, IT, IT SOUNDED MAYBE LARGER THAN IT WAS. AND I THINK THAT MAY HAVE BEEN WHAT A LOT OF THE CONCERNS WERE. AND THEN, UM, I THINK BY LIMITED TO, TO LIMITING IT TO WHAT IT IS THAT WAS PROPOSED. UM, AND THEN ALSO HEARING, UM, UH, THE REPRESENTATIVE HERE, I, I THINK THAT, UH, A LOT OF THE QUESTIONS WERE ADDRESSED. AND SO I DIDN'T HEAR ANYTHING THAT WAS OBJECTIONAL FROM THAT PERSPECTIVE. SO I'LL BE VOTING IN FAVOR. MS. BRAGMAN, I CONCUR WITH MY COLLEAGUE. UH, WITH THAT LIST. TAKE A ROLL CALL. VOTE MS. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MENCHACA. I CONCUR. MS. LYNN. I CONCUR. MS. CRUZ I CONCUR. MR. ZUNIGA. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR. MR. VASQUEZ CONCUR. CHARLES ZUNA? YES. I CONCUR WITH UNANIMOUS, UH, CONSENT. THE VARIANCE PASSES. GOOD LUCK WITH THE PROJECT. THANK YOU. AND THAT CONCLUDES, I THINK WE'RE GONNA GO OVER, UH, [ Approval of Minutes  ] THE MINUTES IF ANYBODY HAD A CHANCE TO REVIEW THE MINUTES FROM THE LAST MEETING OR MAKE ANY CHANGES. I'M, I SUBMITTED CHANGES, BUT I THINK THEY WERE ALL REFLECTED. UM, SO, UM, ALRIGHT, CAN WE TAKE A VOICE VOTE THEN ON THE ACCEPTANCE OF THE MINUTES? ALL ALL IN FAVOR SAY AYE. AYE. AYE. POSITION? NO. ALRIGHT. THE MOTIONS OF THE VARI, I MEAN THE, UH, MINUTES PASSED. ANY OTHER BUSINESS BEFORE THE BOARD ? NO, SIR. ALRIGHT, WITH THAT, THE TIME IS 4 48. THE MEETING'S OVER. THANK YOU. * 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.