* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:04] ALRIGHT, THE TIME IS ONE O'CLOCK. THE BOARD OF ADJUSTMENTS, UM, WILL BEGIN. BEFORE WE BEGIN, IN ACCORDANCE WITH C D C RECOMMENDATIONS AND FOR THE SAFETY OF ALL RESIDENTS, WE STRONGLY ENCOURAGE ALL OUR ATTENDEES TO WEAR A MASK. THERE ARE MASKS AVAILABLE IF YOU NEED ONE. THANK YOU. UH, PLEASE BE KIND ENOUGH TO SILENCE ALL MOBILE DEVICES. THE MEETING OF THE BOARD OF ADJUSTMENTS. WE'LL COME TO ORDER, PLEASE CALL ROLL. MR. SPIELMAN. PRESENT. MS. INGLES PRESENT. MR. MENCHACA PRESENT. MS. CRUZ. MR. ZUNIGA? PRESENT. MR. MANNA? PRESENT. MS. KAPLAN? PRESENT. MR. VASQUEZ. MS. BRAGMAN PRESENT. MR. OZUNA PRESENT. CHAIR ORIAN. PRESENT. ALRIGHT. I KNOW WE HAVE TWO, UH, MORE THAT ARE GONNA BE, UH, DIALING IN REMOTE. RIGHT. SO WE'LL, UH, HAVE 11 IN PANELS AT, AT FORT MENT. UH, PLEASE STAND TO JOIN US FOR THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES. I PLEDGE ALLEGIANCE TO, TO THE FLAG OF THE UNITED STATES. OF THE UNITED STATES TO AMERICA AND TO THE REPUBLIC FOR WHICH HE, WHICH HE STANDS, ONE NATION UNDER GOD, INDIVISIBLE LIBERTY, THE KING JUSTICE WORLD, THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER INDIVISIBLE. ALRIGHT, BEFORE WE PROCEED WITH TODAY'S [ Briefing and Possible Action on the following items  ] 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 THE NAME OF THE APPLICANT AND STREET ADDRESS. FOLLOWING THE CONCLUSIONS OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY DIRECTOR'S REPORT. LASTLY, AS CHAIR, I WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS AND ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS A CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING. UH, BOARD'S ROLES AND RESPONSIBILITIES, WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL, AND THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, CONFIDENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING AND CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT. DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE IN SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. CHAPTER 35, THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A, A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE, IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE AS, AS AN ADVISORY IN, IN APPLE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING THE REQUEST FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28. ARTICLE ONE, SECTION 28 DASH FIVE. IN ADDITION, WE HAVE POWERS TO HEAR CASES AND ANY OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CO UH, CODE. EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE PASSED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE, UH, SUPPORTED IN THE RECORDING RECORD OF THE BOARD'S, MEETINGS AND PROCEEDINGS. THE APPLICANT OR HIS REP REPRESENTATIVE WILL PRESENT THE PETITION AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD. ANY OPPOSITIONS. THE REQUEST WILL BE PRE PRESENTED IN A LIKE MANNER AFTER EVERYONE HAS BEEN HEARD IN THE CASE, THERE WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION. IN ORDER FOR A MOTION TO CARRY. IT REQUIRES THE CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER THEY'RE PRESENT OR NOT, WHICH IS NINE VOTES. THE BURDEN OF PROOF IS IN GRANTING THE RELIEF IS SOUGHT RELEASE SOUGHT REST WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS ON WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THE, OF THIS BOARD REGARDING APPEALS FROM AN, 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 DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS OF YOUR CASE. UH, AT THIS POINT, I'LL JUST CONFIRM THAT WE HAVE, UM, THE, UM, REPRESENTATIVE FOR EACH OF THE CASES AND I'LL READ THE ADDRESS IF YOU CAN SHOW YOUR YOUR PRESENCE PLEASE. UH, THIS ONE'S AT TWO 18 SOUTH SAN GABRIEL AVENUE. THANK YOU. THIS ONE'S AT, UH, 9 85 SOUTHWEST 36TH STREET PRESENT. THANK YOU. UH, 66 90 PRU ROAD, 66 90 PRU ROAD. OKAY. MOVE THAT ONE TO THE BACK. WE CAN MAKE A MOTION AT THAT TIME TO MOVE THAT CASE TO THE BACK. UM, THIS ONE'S 14 902 THROUGH 14. 905 CASINO GREEN. YES. THANK YOU. UH, AND THAT'S THE SAME 7 5 0 3 7 6 2 7 CASINO RUN. IS THAT'S, THAT'S ALL THE SAME CASE, RIGHT? [00:05:01] OKAY. 1131 MC KELVIN, KELVIN STREET? YES. THANK YOU. 33 0 2 CARNABY CREEK DRIVE. THANK YOU. 9 3 3 6 WEST LOOP FOUR 10. THANK YOU. AND 10 10 WEST WILDWOOD DRIVE. THANK YOU, SIR. 1114 LEE HALL. THANK YOU. AND THAT'S ALL THE CASES I HAVE, RIGHT? IS THERE ANY CASES THAT I'M MISSING? OKAY. UM, NOW STAFF, STAFF WILL GIVE A BRIEF PRESENTATION NOW. ALL RIGHT. GOOD AFTERNOON. UH, STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION. THE REQUEST PART OF PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE AND ORDER OF SPECIAL EXEMPTION. AND THE PROPERTIES WITHIN 200 FEET OF THE SUBJECT PROPERTY CHECK MARKS INDICATE THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION. FOLLOWING THIS PRESENTATION AND ANY QUESTIONS FROM THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST. FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE FOR SPECIAL EXEMPTION. YOU'LL BE CALLED IN ORDER THAT YOU SIGN UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED MAXIMUM THREE MINUTES PER SPEAKER AND YOU'RE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION. FOR THOSE THAT WOULD LIKE TO GIVE UP. THEIR TIME TO SPEAKER THE SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES. THOSE GIVEN UP THEIR TIME MUST BE PRESENT AND SIGNED IN TO SPEAK. THE APPLICANT WILL THEN, THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU, CHAIRMAN. THANK YOU. AT THIS POINT I'D ALSO ASK IF WE COULD SILENCE THE PHONES. UM, AND THEN WE ALSO HAVE A SPANISH INTERPRETER IF THEY WOULD LIKE TO COME OUT AND MAKE A STATEMENT. I'LL, I'LL ASK HIM. NO, NO, WE CAN'T. GOOD AFTERNOON. WE HAVE A SPANISH SERVICE IF ANYBODY NEEDS IT. AND IT'S ALSO GOING TO BE IN THE BROADCAST OF THIS MEETING. THANK, UH, STEPH, DO WE HAVE, UH, FULLY IMP PANELED WITH 11 MEMBERS? ARE WE STILL WAITING FOR, UH, SO WE ARE DOING NUMBER TWO FIRST, THEN NUMBER THREE, AND THEN STARTING OFF AT ONE, FOUR AND FIVE. ADDRESSABLE. OKAY. DO WE HAVE ALL OF OUR WEB PEOPLE ON? OH, NO. UH, WE ARE STILL WAITING ON, UH, TWO COMMISSIONERS. OKAY, SO LET'S, I'M SORRY WE'RE WAITING ON ONE COMMISSIONER. UH, WE HAVE COMMISSIONER CRUZ ONLINE NOW. COMMISSIONER CRUZ. CAN YOU HEAR US? SO WE HAVE, WE'RE 10. OKAY. AND, UH, I THINK WE'RE ALSO GONNA MOVE CASE NUMBER, UH, BO 8 22 DASH 0 3 0 2 58, UH, TO THE BACK OF THE AGENDA. DO I NEED A MOTION FOR THAT OR CAN WE JUST MOVE IT TO THE BACK? NO, SIR. OKAY. WELL IT'S, MAKE NOTE OF THAT. ALRIGHT. ALRIGHT, STAFF. LET'S, UH, LET'S BEGIN WITH THE FIRST CASE. BO O A DASH TWO TWO DASH 1 0 3 0 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 BUS, 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. EXCUSE ME, JOSEPH. I'M SORRY. I JUST WANNA NOTE FOR THE RECORD THAT CHAIR, UM, ORIAN RECU IS RECUSED FROM THIS ITEM. AND SO HE HAS TURNED OFF HIS SCREEN AND HIS SOUND FOR THIS ITEM. OKAY. SO THAT, THAT PUTS US AT, AT NINE THEN, RIGHT? THAT IS NINE. AND SO, AS I THOUGHT IT WAS 10, WE APPROVED TWICE, RIGHT? WELL, WE HAVE, WE HAD 11, UM, DONALD, UM, RECUSED HIMSELF. SO WE'RE DOWN TO, OKAY. YES. EXCUSE SEAT. AND THE CURRENT ZONING IS C THREE NA. 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. UM, ADDITIONALLY, A SIDE SETBACK VARIANCE IS BEING REQUESTED FOR THE DEVELOPMENT UPON STAFF SITE VISITS. STAFF OBSERVE SIMILAR LOTS WITH BUFFERS AND SETBACKS [00:10:01] OF THAT, OF WHICH IT'S BEING REQUESTED. AND THIS IS THE SITE PLAN AND THE SUBJECT PROPERTY. AND THIS IS THE VIEW FROM SOUTHWEST 36TH STREET AND THE VIEW FROM CASTROVILLE ROAD. AND THEN THE SURROUNDING AREAS. STAFF RECOMMENDATION FOR THE LANDSCAPE BUFFER VARIANCES AND SIDE SETBACK VARIANCE STAFF RECOMMENDS APPROVAL, UH, 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 MAILED 12 NOTICES, UH, RECEIVE ZERO IN FAVOR, ZERO IN OPPOSITION, AND LOS CARDENAS IN WESTWOOD SQUARE. HOMEOWNERS ASSOCIATIONS ARE OPPOSED. AND THEN THIS IS THE, UM, H O A OR THE, UM, NEIGHBORHOOD ASSOCIATION COMMENTS. AND THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. THANK YOU. THANK YOU. OKAY. WILL THE APPLICANT PLEASE COME FORWARD? CHAIR ENA, WE JUST NEED TO CHECK TO MAKE SURE THAT MS. CRUZ CAN HEAR US AND THAT SHE CAN TURN ON HER SCREEN. MS. CRUZ. OH. SO AT THIS POINT, SIR, IT'S YOUR CHOICE. YOU CAN, UM, MOVE FORWARD WITH THE NINE, BUT SINCE WE DON'T HAVE HER ON THE SCREEN AND WE CAN'T CONFIRM THAT SHE CAN HEAR, UH, I WE'RE GOING TO CHECK. YEAH, I'M GONNA GO AHEAD AND STEP OUT AND CALL HER WHILE I'LL PROCEED. YEAH. MR. CHAIRMAN? YES, SIR. UH, DID WE RECEIVE A REC CANDOR ON THE, THE PEOPLE THAT WERE OPPOSED THAT THE TWO, UH, NEIGHBORHOOD ASSOCIATIONS? WELL, LET'S, LET'S, LET'S, LET'S HEAR THE APPLICANT AND THEN WE CAN, UH, HEAR ANY, ANY, UM, INFORMATION ON REBUTTALS OR PUBLIC COMMENT. OKAY. PLEASE PROCEED. AFTERNOON. THANK YOU. ALVIN PETERS, UH, ADDRESS IS 1 0 1 6 STATE HIGHWAY 46 SPEAK. OKAY. ALVIN PETERS, UM, THE APPLICANT FOR VICTOR BROCHE, UH, THE OWNER, UM, MY ADDRESS IS 1 0 1 6 STATE HIGHWAY 46 EAST, BERNIE, TEXAS, UH, HERE TO DISCUSS, UH, 9 9 5 SOUTHWEST 36TH STREET. THE VARIANCE IS APPLIED FOR, UM, WE HAVE A SMALL LOT, 8,712 SQUARE FEET, WHICH THE OWNER IS PROPOSING TO PUT A SMALL STRUCTURE, UH, BE OCCUPANCY, UM, FOR LEASE, UM, TO, AND I CALL 'EM SMALL OFFICES, AN UNKNOWN, UM, USE RIGHT NOW, 2,148 SQUARE FEET. UH, WE'RE LOOKING TO REDUCE THE LANDSCAPE BUFFERS AND BUILDING SETBACKS ON ALL PROPERTY LINES, UH, TO THE SOUTH. UH, THE, THE PROJECT FACES CASTOR ROAD TO THE EAST. UM, THE SITE FACES SOUTH SOUTHWEST 36TH STREET. TO THE NORTH IS A RESIDENTIAL NEIGHBORHOOD, SINGLE FAMILY OWNED TO THE, UM, WEST IS AN ALLEY. AND, AND THEN ACROSS THE ALLEY, ON THE OTHER SIDE OF THE ALLEY IS A MOBILE HOME PARK. AN OLDER MOBILE HOME PARK, UM, INCLUDED WITH THE BUILDING WOULD BE PARKING, ASPHALT PARKING FOR SIX PARKING SPACES REQUIRED BY BUILDING CODE. UM, AT THE LAST MEETING, I WAS INSTRUCTED TO MEET WITH THE NEIGHBORHOOD ASSOCIATIONS, WHICH I DID. I DON'T KNOW IF WE CAN READ EVERYTHING. IF IT'S OKAY, I'LL JUST RUN OVER WHAT WE DISCUSSED. AND I, I DID A, I I SENT AN EMAIL OUT THIS MORNING, BULLET ITEM FORMAT REAL QUICK. UM, AND I GOT FIVE ISSUES, WHICH WERE DISCUSSED AND RESOLVED. EVERYBODY WAS HAPPY, UH, WITH THE END DISCUSSIONS. ITEM ONE, MAIL DELIVERY. THERE WAS SOME CONFUSION ON WHAT THE ADDRESS WOULD BE. I EXPLAINED THAT, UH, THE MAIL, THE ADDRESS IS ASSIGNED BY THE CITY OF SAN ANTONIO, AND VERIFIED THAT THE PLAN REVIEW AS IT STANDS NOW, THE MAIL WOULD BE COMING IN FROM SOUTHWEST 36TH STREET. UM, AND MOST LIKELY BE THE ADDRESS WOULD REMAIN THE SAME, MOST LIKELY 9 95 SOUTHWEST, SOUTHWEST 36TH STREET. UM, THE SECOND ITEM THAT WAS DISCUSSED WAS LANDSCAPING AND, UH, TREES AND, UH, GROUND [00:15:01] COVER. AND I EXPLAINED THAT'LL, AGAIN, THAT WOULD BE REVIEWED DURING THE PLAN REVIEW PROCESS BY CITY OF SAN ANTONIO. TREE LANDSCAPING AND IRRIGATION, UH, REVIEWERS. AND WE WOULD COMPLY WITH THE CODE, UM, BASICALLY LANDSCAPING ON ALL SIDES OF THE BUILDING. UM, AND ALL BUFFERS. UM, ITEM THREE, TRASH PICKUP. UH, THE NEIGHBORHOOD ASSOCIATIONS WANTED TO CONFIRM THAT THERE WAS A PLAN FOR THAT. AND ON THE, THE PLANS YOU HAVE IN FRONT OF YOU, THAT WAS SUBMITTED AS PART OF THIS VARIANCE. AND THE OWNER WAS THERE AT THE MEETING. SO HE CONFIRMED THIS. UM, THERE WOULD BE A, A BUFFER, PROBABLY A NOT A BUFFER, A, UH, A DUMPSTER. UM, MOST LIKELY THE SMALLEST DUMPSTER AVAILABLE. FOUR BY EIGHT. EIGHT BY EIGHT. AND IT WOULD BE ENCLOSED, UM, AS REQUIRED BY CITY ORDINANCE, CITY CODE. UM, IT WOULD MOST LIKELY FACE SOUTHWEST 36TH STREET. WE HAVE AN OPTION TO PUT IT ON THE ALLEY SIDE. THAT'S GONNA BE UP TO THE TRASH PURVEYORS IN THE AREA THAT HE CAN, HE CAN ENTER INTO CONTRACT WITH FOR PICKUP. YOU KNOW, THE FRONT LOADING, SIDEARM LOADING, UM, THAT DETERMINES THAT. UM, OTHER ISSUE THAT WAS DISCUSSED WAS FENCING ON THE SITE. AND, AND WE WERE CLEAR THE FENCE, UH, FACING BETWEEN THIS PROPERTY AND THE RESIDENTIAL NEIGHBORHOOD WOULD BE A SIX FOOT HIGH WOOD FENCE. SO IT'S OPAQUE, YOU CAN'T SEE THROUGH IT. UH, THE REAR ALONG THE ALLEY WOULD BE A CHAIN LINK FENCE, MOST LIKELY FIVE FEET. THAT'S FOR SECURITY. UM, ALONG, UM, CASSVILLE ROAD AND SOUTHWEST 36TH STREET. THERE'S, UH, NOT, IT'S NOT GONNA BE A TALL FENCE. IT COULD BE 42 INCH FOR VEHICLE SCREENS IF HE CHOOSES NOT TO DO, UM, PLANTINGS THAT ACT AS VEHICLE SCREENS. UH, IF HE DOES PLANTINGS, THERE'S A POSSIBILITY OF NO FENCE REQUIRED. AND THAT, THAT, AGAIN, WOULD BE DETERMINED IN, WOULD BE DECIDED IN, IN THE PERMIT STAGE. UM, THE OTHER ISSUE WAS DISCU THAT WAS DISCUSSED WAS BARBED WIRE FENCING. CURRENTLY, THERE'S BARBED WIRE FENCING SURROUNDING THE PROPERTY LINE AT THE FENCE. AND IN THE NEIGHBORHOOD ASSOCIATION WANTED TO MAKE SURE THIS WASN'T GONNA HAPPEN. THE OWNER WAS TO CON, WAS THERE TO CONFIRM, NO, WE'RE NOT GONNA DO BARBED WIRE. AND I, AND I, AND I JUST REMINDED EVERYBODY, I DON'T THINK IT'S EVEN ALLOWED, WE DON'T SPEC IT AS ARCHITECTS OR ENGINEERS ON DRAWINGS. I, I'VE NEVER SEEN IT ALLOWED. UNLESS YOU'RE A SECURITY IN INSTITUTION, YOU'RE PROTECTING SOMETHING OF, OF HIGH VALUE OR KEEPING PEOPLE IN. NOW, MY NEXT BULLET ITEMS WERE ITEMS ISSUES DISCUSSED, NOT RESOLVED. AND THE FIRST ONE IS THE VIA BUS MOVE. WE DON'T HAVE AN EMAIL FROM VIA SAYING WE WILL DO THAT. ALL WE HAVE IS VERBAL CONFIRMATION OR, OR, UH, UM, A CONVERSATION, UM, WITH THE CONTRACTOR, MR. JUAREZ. AND HE'S HERE. HE CAN CERTAINLY SPEAK TO THAT IF HE NEEDS TO, UM, SAYING THAT THEY WILL MOVE IT. BUT WE CAN'T EVEN APPLY FOR A MOVE UNTIL THE CITY OF SAN ANTONIO APPROVES THE, THE ENTRY RATE APRON OFF OF, UH, SOUTHWEST 36TH STREET ONTO THE SITE. SO IT, IT WOULD COME DURING THE PLAN REVIEW PERMIT STAGE. UM, THE NEXT ITEM THAT WAS DISCUSSED WAS A TRAFFIC ACTIVITY AT THE INTERSECTION. I DID SUBMIT BY EMAIL A TRAFFIC IMPACT ANALYSIS, WHICH WE WOULD SUBMIT IN. UM, IT'S, UH, FILLED OUT USING CITY OF SAN ANTONIO UNIFORM. THE PEAK HOUR FOR THIS TYPE OF, UH, OCCUPANCY IS EVENING FIVE TO SIX. THEY SHOW, UH, THE T I A INDICATES SIX, SIX VEHICLES LEAVING THE SITE IN THAT ONE HOUR TIMEFRAME IN THE MORNING, WHICH IS NOT THE PEAK HOUR. UH, THE T I A SHOWS FIVE CARS ENTERING THE SITE. UM, BETWEEN, I DON'T KNOW, THAT MAY BE 78. UM, THE UNANSWERED QUESTION. SO THE TIA'S REAL CLEAR. THAT'S EASY. THE UN UNANSWERED PART OF THAT, THE TRAFFIC QUESTION WAS, UH, BROUGHT UP BY THE NEIGHBOR WHO ASSOCIATIONS, WELL, IT'S BUSY INTERSECTION. UM, AND I JUST, I NOTED THAT, UH, IN CONVERSATIONS WITH THE CITY OF SAN ANTONIO, THAT, UH, WE WOULD SUBMIT A, A, HOLD ON, I GOT IT HERE SOMEWHERE. AND I MET WITH DAVID RAMOS. UH, HE'S A, A P SENIOR, UH, ENGINEER, CITY OF SAN ANTONIO. ABOUT AN HOUR AGO TO DISCUSS THIS, HE SAID, ALVIN, UH, YOU WOULD SUBMIT DURING PLAN REVIEW ONLY, UM, FOR A SS I P IT'S CALLED A STREET IMPROVEMENT PERMIT SEPARATE FROM THE BUILDING PERMIT. AND AT THAT TIME, WE WOULD REVIEW IT. MOST LIKELY WE WOULD REQUIRE A BARRIER, BUT I CAN'T TELL, I CAN'T GIVE YOU AN ANSWER UNTIL YOU SUBMIT THAT. UM, THAT'S JUST THEIR POLICY. AND SO, AND I THINK THE LAST ITEM THAT WAS UNRESOLVED, I THINK, UM, DISTRICT, UH, UH, MR. UH, ORLANDO WAS, MAYORS WAS THERE, I BELIEVE HE'S FROM DISTRICT SIX. AND HE BROUGHT UP, UM, THE, THE COMMENT THAT [00:20:01] DURING REZONING, UM, A MEMO OF UNDERSTANDING WAS OFTEN, UH, PART OF THE REZONING. AND IF THAT WAS A POSSIBLE, I GO, I DON'T EVEN KNOW WHAT THAT IS. BUT, UH, REGARDLESS, WE ENDED THE CONVERSATION. THE OWNER WAS THERE. I GO, DO YOU WANT TO TALK TO THESE FOLKS ABOUT THAT? THAT'S UP TO YOU AND YOUR ATTORNEY, UH, TO, TO, TO DISCUSS THAT. AND HE SAID, SURE, HE'D, HE'D BE WILLING TO DO THAT. BUT, UM, I THINK THAT, AND, AND THAT'S THE LAST ITEM. UM, AND WE, WE LEFT IT, THE MEETING WENT ON FOR AN HOUR, FOUR 30 TO FIVE 30. I THOUGHT IT ENDED WELL, AND THEN I PROMISED EVERYBODY I'D GET OUT MINUTES AND THAT'S WHAT I DID THIS MORNING. ALRIGHT, THANK YOU. THANK YOU, MR. PETERS. I KNOW LAST TIME WE MET THERE WAS, UH, YOU KNOW, A DIRECTION FROM THE BOARD TO SEE IF THE OWNER COULD MEET WITH THE OWNERS' ASSOCIATION. AND THAT MEETING TOOK PLACE AND IT, IT WENT WELL AND IT WAS GOOD. OKAY. APPRECIATE IT. OKAY. LET'S, UH, THANK YOU. HAVE SEAT. HEY, COMMISSIONER. I'M SORRY. UM, SO COMMISSIONER CRUZ FELL OFF THE WEBEX. SO AT THIS POINT WE DO NOT HAVE A QUORUM. UH, WE DON'T HAVE A QUORUM, CORRECT? WE ONLY HAVE EIGHT, UH, MEMBERS NOW. OKAY. UM, WOULD FOR HER TO REJOIN. OKAY. I SUGGEST WE MOVE TO ITEM ONE UNTIL, UM, THAT WAY COMMISSIONER ORIAN CAN JOIN BACK IN THAT WAY. WE WILL HAVE A QUORUM. WELL, UH, SO WHAT I WOULD RECOMMEND, SO I, I HAD MOVED CASE NUMBER 2 58 TO THE BACK, BUT WE DO HAVE SOME OPPOSITION ON THAT CASE. SO IF WE COULD MOVE THAT, WE CAN HEAR THAT CASE. AND, UH, HOPEFULLY WE CAN BE EM PANELED WITH NINE MEMBERS AND HEAR, UH, CASE 2 58. UM, COMMISSIONER MANNA IS RECUSING HIMSELF FROM THAT ONE, SO WE STILL WON'T HAVE A QUORUM. OKAY. SO WHAT'S OUR NEXT CASE? WE CAN START OFF AT NUMBER ONE. OKAY. AND, UM, IF YOU WOULD YEAH, LET'S, LET'S GO THE CASE. SO, SIR, I'M SORRY. UH, WE DON'T HAVE A QUORUM RIGHT NOW. SO WE WILL ASK YOU TO COME UP AND, UM, STATE YOUR CASE AGAIN HERE SHORTLY. WELL, WE'LL JUST PICK UP WHERE WITH THE, UH, WHERE WE LEFT OFF. SORRY. OKAY. SO SIT DOWN AND HANG LOOSE. YES, SIR. A PUBLIC COMMENT WAS PARKED. WE PICK UP. SO THE, THE TIME IS NOW 1 22. AND, UM, LET'S SEE. ORIENT, WE'LL BE REJOINING THE BOARD COMMISSIONER OR, UH, COMMISSIONER ORIENT IS BACK ON. OKAY. UH, SO IF WE CAN GO TO ITEM ONE. UM, JOSEPH, IT'S CASE 1 8 8. ALL RIGHT. ITEM NUMBER ONE IS LOCATED AT TWO 18 SOUTH SIDE GABRIELLE AVENUE GOING. IT'S A REQUEST FOR A THREE FOOT, TWO INCH VARIANCE. IT REQUIRED FIVE FOOT REAR SETBACK, UH, FOR AN ACCESSORY STRUCTURE TO HAVE A ONE FOOT 10 INCH, UH, SIDE SETBACK. UH, A REQUEST FOR A FOUR FOOT VARIANCE FROM THE REQUIRED FIVE FOOT SIDE SETBACK FOR THE REQUIRED ACCESSORY STRUCTURE TO HAVE A ONE FOOT SIDE SETBACK AND A REQUEST FOR A VARIANCE TO THE 50% MAXIMUM COVERAGE FOR THE ACCESSORY STRUCTURE TO GO OVER THE 50% LOCK COVERAGE, UH, FOR THE ACCESSORY STRUCTURE. NEXT SLIDE. THE PROPERTY IS A SINGLE FAMILY DWELL LOCATED SOUTH OF EN RGA OR START FAST NO. AND WEST COMMERCE, UH, SPLIT. THE APPLICANT IS REQUESTING REDUCED VARIANCES FOR THE SIDE AND REAR ACCESSORY STRUCTURE, UH, BUILT WITH NO PERMITS. THE STRUCTURE HAS A VEHICLE SIZE OPENING ON THE SIDE FACING THE ADJACENT VACANT PROPERTY, WHICH DOES NOT BELONG TO THE PROPERTY OWNER. THERE IS THE SITE PLAN, AND YOU CAN SEE THE ACCESSORY STRUCTURE THERE TO THE REAR WITH THE OPENING, UH, TOWARDS THE, UH, ADJACENT PROPERTY. THE REAR SIDE SETBACKS AND THE SURROUNDING PROPERTY STAFF RECOMMENDS, UH, DENIAL, UH, BO O A 22 DASH 1 0 3 0 180 FOR THE ACCESSORY STRUCTURAL ALTER, THE ESSENTIAL CHARACTER OF THE DISTRICT. AND THE ACCESSORY WILL LEAVE ALMOST NO SPACE ON THE LOT. BEHIND THE FRONT FACADE IS THE NOTIFICATION PLAN. WE STILL HAVE NOT RECEIVED ANY RESPONSES AND THE APPLICANT IS PRESENT. OKAY. AND THIS IS A CONTINUANCE CASE, RIGHT? AND, AND WE GAVE THE APPLICANT TIME TO TRY TO, THIS IS THE SECOND TIME IT WAS CONTINUED FROM BACK. THE LAST TIME IT WAS CONTINUED WAS DECEMBER 5TH. OKAY. THE APPLICANT WAS SUPPOSED TO BE SOME SORT OF AN AGREEMENT WITH THE CURRENT PROPERTY OWNER FOR THE ACCESS TO THE ADJACENT PROPERTY. OKAY. ALSO, JUST MR. VASQUEZ, IF YOU COULD JUST DO A CHECK, A SOUND CHECK, PLEASE. OH, YES, I AM AVAILABLE. WONDERFUL. THANK YOU. DOES [00:25:01] THAT PUT US AT THANK YOU. NINE OR, OKAY. OKAY. APPLICANT, PLEASE COME FORWARD. THANK YOU. HELLO SIR. WELCOME BACK. HELLO, , IF YOU'D LIKE TO PROCEED WITH YOUR PRESENTATION CASE? YES, SIR. MY NAME'S JOSEPH RODRIGUEZ. UH, THIS IS OUR THIRD TIME HERE, UH, FOR THE SAME ISSUE. UH, FIRST OF ALL, I'D LIKE TO THANK Y'ALL FOR GIVING US THE OPPORTUNITY TO TRY TO, UH, WORK THIS OUT WITH THE PROPERTY OWNER ADJACENT TO US. UNFORTUNATELY, WE HAVE NO RESOLUTION. OUR LAST CONVERSATION WITH HIM, HE'S JUST LIKE, ORIGINALLY HE WAS LIKE, OKAY, WELL WHY DO THEY NEED THAT AND WHY DO YOU NEED THIS? I LET Y'ALL USE IT. YOU'VE BEEN USING IT FOR YEARS. WE, WE PUT THE FENCE. HE DOESN'T HAVE A KEY TO THE LOCK ON THE FENCE. UH, AND AT THE END HE'S LIKE, YOU KNOW, WHERE, WHERE IS THIS WE'RE TALKING ABOUT AGAIN? SO MY MOTHER-IN-LAW EXPLAINED TO HIM, IT'S TWO 18 SOUTH SAN GABRIEL. UH, BUT LONG STORY SHORT, WE'VE HAD NO RESOLUTION. UH, HE SAID HE WAS GONNA GO OUT ABOUT A WEEK AGO, WEEK AND A HALF AGO, DIDN'T GO AGAIN. UH, THAT'S AFTER TWO, THREE TIMES THAT HE WAS SUPPOSED TO GO OUT AND LOOK AT THE PROPERTY TO SEE WHAT IT WAS WE WERE TALKING ABOUT. UH, WE'VE HAD ISSUES. AS YOU CAN SEE, THE PROPERTY, THAT TREE THERE IS FALLING. IT'S IN HIS SIDE. WE'VE REACHED OUT TO HIM ABOUT THAT. NOTHING, UH, WE'VE HAD TO DO MAINTENANCE, YOU KNOW, TRIM THE TREES, IT'S GONNA FALL ON HER HOUSE. UH, WE'VE CLEANED THAT LOT. THE LOT DOESN'T LOOK LIKE THAT ANYMORE. UH, THAT FENCE, WE PAID FOR THE FENCE. WE HAVE THE KEY TO THE LOCK ON THE FENCE. UH, HE'S TOLD US, YOU KNOW, I LET Y'ALL USE A LOT. WHY DO I HAVE TO GO DO SOMETHING? AND WE TRIED EXPLAINING TO 'EM, BUT IT'S ONE OF THOSE THINGS WHERE WE, I CAN'T FORCE SOMEBODY TO HELP US DO SOMETHING WHEN THEY'RE NOT WANTING TO. WE'VE HAD A LOT OF ISSUES WITH THEFT, EVEN AGAIN HERE RECENTLY. SHE'S HANDICAPPED, SHE LEAVES TO WORK. SHE WORKS A COUPLE OF HOURS AT SOUTHWEST RESEARCH INSTITUTE. WHEN SHE BACKS OUT, SHE LEAVES HER GATE OPEN. SO WHEN SHE GETS HOME AT NIGHT, SHE DOESN'T HAVE TO OPEN THE GATE TO DRIVE IN. THEY STOLE HER WATER HOSE, THEY'VE STOLEN HER PLANTS, YOU KNOW, AND THAT WAS THE REASON FOR THIS BEFORE THE STRUCTURE WAS BACK THERE. THEY WOULD STEAL ANYTHING WE HAD BACK THERE, WHEELBARROWS. I MEAN, THEY WERE USING THE BATHROOM BACK THERE, THERE WAS DRUG PARAPHERNALIA. IT'S A REAL BAD PART OF TOWN. WE'VE TRIED TO SECURE IT AND CLEAN IT UP AS MUCH AS WE COULD, BUT NOW WE'RE BASICALLY STUCK WITH, UH, UNDERSTOOD. YOU KNOW. THANK YOU. THANK YOU, SIR. MM-HMM. . UM, LET'S SEE. DO WE HAVE ANY, UM, PUBLIC COMMENT, UH, THIS ADDITION FROM THE LAST TIME? OR NO PUBLIC COMMENTS. OKAY. UM, WOULD YOU LIKE TO MAKE A FINAL KIND OF OTHER QUESTIONS TO THE BOARD? YEAH, THAT'S WHEN I'LL OPEN IT UP. ANY QUESTIONS TO THE BOARD? WOULD YOU LIKE TO? UH, SIR, YOU HAVE THE FENCE THERE. THE TREE IS IN HIS SIDE OR PART OF YOUR SIDE. RIGHT. WHAT WE'RE TALKING ABOUT HERE IS FOR AN INGRESS X-RAY. MM-HMM. FROM HIS PROPERTY. MM-HMM. . SO ACCORDING TO YOU, YOU'RE GOING TO HAVE TO LEAVE IT THAT WAY AND FIND ANOTHER WAY TO GO IN AND OUT OF THE PROPERTY. IS THAT TRUE? NO, HE'S, HE'S, HE'S NOT GIVING YOU THAT PROPERTY AT ALL? NO, HE'S NOT GI NO. HE'S TOLD US FOR 20 YEARS WE CAN USE THE PROPERTY. WE'VE BEEN USING THE PROPERTY. YEAH. WE FENCED IT BECAUSE WE WERE HAVING PEOPLE GOING BACK THERE AND STEALING AND USING DRUGS. SO THE, THE ISSUE IS NOT, WELL, HE CONTINUED TO ALLOW US TO USE THE PROPERTY. WHAT THE BOARD TOLD US IS THEY WANTED US TO GET SOMETHING IN WRITING SAYING HE WAS GONNA GIVE US EXACTLY. THAT'S WHAT I'M SAYING. YES. BUT WE DON'T NEED, EVEN THOUGH THAT, THAT'S THE SIZE AS IT IS, I REALLY DON'T NEED VEHICLE ACCESS BACK THERE. I SEE. UH, I MADE THE DOOR THAT SIZE SO WE CAN PUT ANYTHING WE WANTED TO PUT IN THERE BECAUSE WE ARE ALLOWED BY HIM TO DRIVE IN AND OUT IF WE NEED TO. OKAY. BUT WE DON'T HAVE TO HAVE THAT, YOU KNOW, IF, IF THEY SAY, HEY, YOU KNOW WHAT, WE CAN'T USE IT NO MORE. THERE'S A FRONT SMALLER DOOR WHERE WE CAN WALK IN AND OUT. YEAH. SO DIFFERENT THAN A WINDOW OR A DOOR OR ANYTHING THAT JUST PROVIDE AIRWAY INTO THE BUILDING. MM-HMM. . YES. LET, LET GO AHEAD AND STATE IT. THE LAST, UH, PARAGRAPH THAT HE SAID WAS THAT YOU CAN'T, YOU CAN USE THAT IN AND OUT. OUR, OUR, OUR SITUATION HERE, OUR, WE'RE ADDRESSING NOT THAT LOT. I MEAN, THAT DOESN'T BELONG TO US. TO YOU. YEAH. ANYBODY ELSE, BUT THE IN AND OUT OF THE GARAGE, CAN YOU GO THROUGH THE FRONT OF THE HOUSE? YES. THERE'S OH, OKAY. YES. THERE'S A, THERE'S A EIGHT, AN EIGHT BY SEVEN ROLL UP GARAGE DOOR THERE THAT WE CAN GO IN AND OUT AND ON THE SIDE OF HER HOUSE, ON THE OPPOSITE SIDE, THERE'S A SIDEWALK. SO WE HAVE, YEAH. SO REALLY EVEN YOUR FENCED YEAH. EVEN IF HE FENCED IT OFF AND SAID YOU CAN'T USE IT NO MORE, WE STILL HAVE ACCESS. ACCESS BEING THAT'S AGGRESSION. YES. ON THE FENCE. LET'S SEE IF THERE'S ANY OTHER QUESTIONS. THANK YOU. WE HAVE ANY OTHER QUESTIONS ON THE BOARD? YEAH, ASK A QUESTION, IAN. OH, SORIAN. YEAH. SO, UH, THE, THE MOTION IN THE, AND THE SAYING IT'S A THREE FOOT TWO TO THE, TO A FIVE FOOT REAR, BUT THEN IT ALSO LISTED AS [00:30:01] A SIDE. CAN, CAN STAFF PLEASE SPECIFY WHAT, WHAT THE SPECIFIC AND WHAT SIDE OF THE PROPERTY THAT THE, THE MOTION AND OR, UH, APPLICANT IS ASKING FOR? SO THE FIRST ONE IS FOR THE SIDE, UM, OVERALL TO HAVE A ONE FOOT 10 INCH, UM, ON THE NORTH AND SOUTH SIDE. I'M SORRY, THE, THE REAR IS THE ONE FOOT, UH, 10 INCH. UM, THE SIDE IS THE ONE FOOT THAT YEAH, THE REAR. THE REAR IS THE REAR. AND THAT THE ONE FOOT IS FOR BOTH SIDES. YEAH. OKAY. THANK YOU. ALRIGHT. THANK YOU MR. DORIAN. SEE, ANY OTHER QUESTIONS FROM THE BOARD? MINKA MINKA, UH, CORRECT ME IF I'M WRONG HERE. ISN'T THE ISSUE HERE IS THAT YOU'RE NOT THE OWNER. THAT'S, WE'RE NOT, WE'RE NOT THE OWNER OF THE EMPTY LOT NEXT TO US. YES, SIR. RIGHT. ARE YOU THE OWNER WHERE THE STRUCTURE IS RIGHT NOW AT TWO 18 SOUTH SAN GABRIEL? YES, SIR. WELL, HIS MOTHER-IN-LAW IS, AND SHE OWNS IT. YES, SIR. HIS MOTHER-IN-LAW'S, THE OWNER. OKAY. SO THE OWNER OF THE OTHER LOT WOULD NOT RESPOND TO YOU FOR THIS AT ALL. THAT'S THE BOTTOM LINE. WHY BUY IT? BUT HE, YEAH, WE'VE EVEN OFFERED TO BUY IT. HE, HE, HE DOESN'T WANT. RIGHT. HE DOESN'T WANT INCONVENIENCE HIMSELF, BASICALLY, TO BE HONEST WITH YOU, HE DOESN'T WANNA HAVE, HE JUST DOESN'T UNDERSTAND IT. AND TO HIM, IT'S AN INCONVENIENCE TO EVEN GO OUT THERE AND LOOK, HE'S TOLD US HE WOULD GO TWICE AND HE'S NEVER GONE. THANK YOU. UH, I JUST NEEDED THAT FOR REVIEW AGAIN. THANK YOU. THANK YOU, MR. MACO. MANAM, ANY OTHER QUESTIONS FROM THE BOARD? MANAM, MR. MANAM? SO, SO I KNOW THAT I, I'VE, UH, A LOT OF THE DIALOGUE HERE HAS HAPPENED WITH ME. JUST, YOU KNOW, JUST TRYING TO MAKE SURE, UH, YOU HAVE ACCESS TO THAT SIDE PROPERTY AND, AND THE IMPLICATIONS THEREOF. AND, YOU KNOW, I PUSHED A WHOLE LOT FOR TALKING TO THAT NEIGHBOR AND I APPRECIATE YOU TRYING. I REALLY DO. UM, YOU KNOW, SO, SO I GUESS JUST TO REITERATE, YOU KNOW, I GUESS A COUPLE QUESTIONS HERE. WE'LL TALK ABOUT SOME HARDSHIPS. AND SO THE FIRST HARDSHIP IS, YOU KNOW, WE'RE TALKING ABOUT THE SIDE, YOU KNOW, REALLY IT'S ABOUT THE SIDES AND, AND BASICALLY BUTTING A BUDDING OR, OR MOVING UP ALL THE WAY TO THE SIDE PROPERTIES. AND SO, UH, YOU KNOW, WE REGULARLY TALK ABOUT, UM, UM, GRANTING UP TO A CERTAIN DISTANCE THERE, UH, ON THE SIDES. AND THEN WHEN WE GO BEYOND THAT, IT STARTS TO BE PROBLEMATIC, WHICH IS KIND OF WHERE THIS, WHERE THIS IS RIGHT HERE. AND SO WHAT WOULD BE THE HARDSHIP FOR YOU IF WE ASKED YOU TO MOVE IT IN BY A FOOT OR TWO FOOT TO MAKE IT, UH, JUST A LITTLE BIT NARROWER? UH, COULD IT BE DONE AND WHAT WOULD BE THE HARDSHIP? IT, IT COULD BE DONE. I MEAN, IT'S, IT'S NOT IMPOSSIBLE, BUT I MEAN, BASICALLY WE'D HAVE, I'D HAVE TO PACE SOMEBODY TO TAKE THE STRUCTURE, THE, THE POSTS THAT ARE SET CONCRETE OUT, MOVE THEM BACK, AND THEN, UH, CUT BACK ALL THE R PANELS, UH, AND MAKE THE STRUCTURE SMALLER. AND THE SECOND QUESTION I HAVE IS YOU, IS, YOU KNOW, UM, SO I I, I FEAR FOR THE CITY OF SAN ANTONIO BEING PAVED OVER, YOU KNOW, A HUNDRED PERCENT. AND SO, SO YOU HAVE A PRETTY LARGE PROPERTY WITH REGARDS TO THE PAVING OF IMPERVIOUS COVER. AND SO, UM, SO, SO ONE OF THE QUESTIONS I HAVE HERE IS THAT YOU HAVE, UM, CONCRETE SIDEWALKS AROUND THE PERIMETER OF THE HOME AND ALSO INCLUDED, UH, BETWEEN, UH, THE HOUSE AND THIS STRUCTURE HERE? NO, IT'S JUST ON THE RIGHT SIDE OF THE, ON THE SOUTH SIDE, FACING PART OF THE HOME, THERE IS A CONCRETE SIDEWALK THAT'S BEEN THERE FOR, I DON'T KNOW, OLDER THAN I AM, I GUESS, UH, IN BACK OF THE HOUSE, THERE IS NO CONCRETE, IT'S JUST, UH, DIRT. AND SO COULD STAFF BRING UP, UH, I GUESS, UM, PAGE SIX IN THE PRESENTATION, PLEASE. THERE WE GO. SO, SO RIGHT THERE. SO I SEE, UM, YOU GOT YOUR CARPORT, CONCRETE SIDEWALK, THEN CONCRETE PATIO. YES. THAT'S ACTUALLY, THAT'S ACTUALLY LIKE CALICHE, LIKE BASE. OKAY. THAT'S THAT. THE PART IN THE BACK, THE SIDE IS CONCRETE SIDEWALK ON THE SOUTH SIDE, THE RIGHT SIDE OF THE DRAWING THAT IS, THAT IS CONCRETE. SO, SO TRYING TO WORK WITH ME HERE OR TRYING TO WORK WITH YOU. UM, SO ONE OF THE QUESTIONS, YOU KNOW, WE TALK ABOUT IS, IS, YOU KNOW, PAVERS AND STEPPING STONES THAT ALLOWS PERVIOUS COVERAGE WHILE STILL PROVIDING A SOLID SURFACE. AND SO I GUESS WHAT WOULD BE THE HARDSHIP IF I ASKED YOU ON THE SIDEWALK THERE, ON THE SIDE OF THE HOUSE MM-HMM. TO PUT SOME KIND OF PAVERS THERE INSTEAD, SO THAT YOU'D BASICALLY OPENED IT UP FOR SOME PERVIOUS, UM, UH, COVERING THERE. WOULD THAT BE A POSSIBILITY? PUT PAVERS. WHERE HERE, THIS IS, THIS IS CONCRETE RIGHT NOW. I KNOW. SO I'M ASKING YOU, YOU KNOW, IF THAT WAS REMOVED OVER THE CONCRETE AND PUT PAVERS THERE. SO THAT BASICALLY ALLOWS FOR SOME PERVIOUS COVER, JUST ONE OF THE VARIANCES THAT YOU'RE SEEKING IS A 50% LOT COVERAGE. THAT WHAT YOU EXCEED THE 50%. OH, REMOVE IT. SO IT'S NOT SO THAT, THAT WOULD BE CHEAPER THAN OKAY. CHANGING. NO, I'LL, I'LL DEF I WOULD DEFINITELY BE, UH, OPEN TO DOING THAT. OKAY. IT WOULDN'T QUITE NECESSARILY MEET THE 50%. I KNOW, BUT IT CERTAINLY MAKES IT A LOT MORE PALATABLE, I THINK FROM, YOU KNOW, AT LEAST FROM MY PERSPECTIVE WITH REGARDS TO THE COVERING. SO I'M TRYING TO, TRYING TO FIND WAYS TO WORK THROUGH HERE. SO THANK YOU. THANK YOU, MR. OKAY. YES, BECAUSE THE, THE HOME IS ACTUALLY ON PIER AND BEAM, SO THIS IS CONCRETE. THE HOME SITS ON PIER AND BEAM. SO BASICALLY WE WOULD JUST HAVE TO, UH, BREAK THIS CONCRETE UP, TAKE IT OUT, AND THEN WE CAN PUT PAPERS THERE. ANY OTHER QUESTIONS FROM THE, FROM THE BOARD? HEARING NONE, UM, WE'RE LOOKING FOR A MOTION STORY. [00:35:01] YEAH, I'LL MAKE A MOTION ON THIS. OKAY. SO I'M GONNA MAKE SOME TWEAKS TO IT JUST BECAUSE I'M JUST GONNA TRY TO SEE WHAT I CAN, WHAT WOULD BE SUPPORTED. BUT, UH, REGARDING CASE NUMBER BO O A DASH 22 DASH 1 0 3 0 0 180, I MOVED AT THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR ONE, A REQUEST FOR A, UH, UH, TWO FOOT VARIANCE TO THE REQUIRED REAR SETBACK FOR AN ACCESSI STRUCTURE, UH, TO ALLOW AN ACCESSI STRUCTURE TO HAVE A, UH, A THREE FOOT REAR SIDE SET, REAR REAR SETBACK. AND, UH, TWO, A REQUEST FOR A, UH, FOUR FOOT VARIANCE OF THE REQUIRED FIVE FOOT SIDE SETBACK, UH, ON THE SOUTH SIDE OF THE PROPERTY FOR AN EXTRA ACCESSORY STRUCTURE TO ALLOW AN, UH, AN ACCESSORY STRUCTURE TO HAVE A ONE FOOT SIDE SETBACK ONLY ON THE SOUTH SIDE. UH, THREE, A REQUEST FOR A VARIANCE OF THE 50% MAXIMUM LOCK COVERAGE FOR ALL ACCESSORY STRUCTURES IN THE REAR AND SIDE YARD ALLOW OVER 50% LOCK COVERAGE FOR ALL ACCESSORY STRUCTURES. AND FOUR, A REQUEST FOR A, UH, TWO FOOT VARIANCE OF THE REQUIRED, UH, FIVE FOOT SIDE STEP BACK ON THE NORTH SIDE TO ALLOW AN ACCESSORY STRUCTURE TO HAVE A, UH, THREE FOOT SIDE SETBACK, UH, ALL SITUATED AT TWO 18 SOUTH SAN GABRIEL AVENUE. APPLICANT BEING ELIZABETH ESCADA, BECAUSE THE TESTIMONY PRESENTED US, AND THE FACTS THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDMENT WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE APPLICANT'S REQUESTING A REDUCED SETBACK TO THEIR ACCESSORY STRUCTURE ON THE SIDE OF REAR AND GOING OVER THE 50% MAXIMUM REAR SIDE YARD CO COVERAGE, WHICH WOULD NOT BE CONTRARY TO THE PUBLIC INTEREST. TWO, TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP BECAUSE THE SIZE OF THE REAR YARD IS SMALLER THAN OTHERS IN THE AREA. THIS RESULTED IN AN UN UNNECESSARY HARDSHIP. THREE, BY GRADING THE VARIANCE SPIRIT OF THE ORUS WILL BE OBSERVED AND ASSESSED. AND SUBSTANTIAL JUSTICE WILL BE DONE AS A, UH, A TWO FOOT, I'M SORRY, THREE FOOT REAR, UH, SETBACK, AND A ONE FOOT SIDE SETBACK ON THE SOUTH SIDE. AND A, UH, THREE FOOT SIDE SETBACK ON THE NORTH SIDE WILL LEAVE ENOUGH ROOM FROM THE PROPERTY LINE. AND THE INCREASE AND ALLOWABLE LOCK COVERAGE WILL OBSERVE THE SPIRIT OF THE ORDINANCE AND WILL NOT ADVERSELY AFFECT RUNNING PROPERTIES IN IMMEDIATE AREA. OR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. AS THE PROPERTY IS ON OUR FOREIGN USE OF THE PROPER PROPERTY, SINGLE FAMILY 12 FIVE SUCH VARIANCE SHALL NOT SUBSTANTIALLY ENTER THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY, OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. BECAUSE THE ACCESSORY STRUCTURE WILL HAVE A REDUCED SETBACK WHILE STILL MAINTAINING SEPARATION FROM THE ABUTTING PROPERTIES, IT WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX. THE PIPE OF THE OWNER OF THE PROPERTY FOR ITS VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY, ARE NOT MERELY FINANCIAL, ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THAT THE P THAT THE OWNER OF THE PROPERTY FOR ITS VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE EXISTING LOT IS SMALLER THAN THE ONES IN THE AREA, AND THE OWNER IS LEFT WITH MINERAL OPTIONS FOR AN ACCESSORY STRUCTURE IN THE MOTION. SECOND. SECOND. OKAY. UH, SIR ORIAN, WOULD YOU LIKE TO EXPLAIN KIND OF WHAT, WHAT YOU AMENDED THE, UH, EXPERIENCE TO? YEAH, I MEAN, I, I'M NOT, UH, I WROTE, I, I SPOKE OF IT THIS WAY BECAUSE, UH, YOU KNOW, HE BUILT THIS BUILDING BECAUSE HE NEEDED THE SIZE OF SOME SORT, BUT IT'S JUST TOO BIG. IT'S, IT'S, IT'S, UH, TOO CLOSE TO THE, TO THE PROPERTY LINES. I THINK THAT, UH, SOMETIMES WE, WE ALLOW DOWN TO THREE FEET, AND I WAS JUST, IT'S JUST A STARTING POINT. I'M LOOKING FOR ANY, UH, UH, UH, COMMISSIONER AMENDMENTS, UH, FRIENDLY AMENDMENTS. SO WE WILL BE GREATLY ACCEPTED. AND, UH, BUT I'M STARTING OFF WITH HOLDING WHAT HE HAS ON THE SOUTH SIDE, UH, WHERE THE GARAGE DOORS ARE ABUTTING TO THE VACANT LOT. I WAS GONNA KNOCK IT BACK TO THREE. UH, AND THEN THE REAR, I WAS GOING TO HAVE IT REDUCED TO THREE, BUT I'M WILLING TO, TO, TO MAKE ANY CHANGES. I'M JUST OFFERING SOME, UH, I ALSO WANTED TO HEAR, UH, CONCRETE ABOUT, UH, GETTING RID OF THE CONCRETE SIDEWALK AND PUTTING PAVERS IN. WAS THAT GONNA BE PART OF THIS? NO, WE CAN'T HOLD CONDITIONS TO THAT. I WAS JUST GONNA, UH, WHATEVER MOTION PASSES, THAT WOULD BE THE LIMIT OF THE PERVY ATION. SO WOULD, AND SO SOME OF THE DISCUSSION AROUND THAT WOULD, WOULD WE'D ASK THE APPLICANT IF THAT, WOULD YOU LIKE TO AMEND YOUR MOTION TO INCLUDE THAT, THAT NON PERVIOUS OR THE PERVIOUS COVER OF WHERE THE CONCRETE IS? I THINK THERE WAS SOME CONCERN ABOUT HAVING BUILT OVER THE ENTIRE LOT. OKAY. UH, TO MEET. SO IF YOU WOULD JUST STATE THAT YOUR INTENT IS TO REMOVE THE CONCRETE FOR SOME KIND OF PERVIOUS, UH, PAVERS OR SOMETHING, GRAVELS OR PAVERS, UM, I THINK THAT'LL GO A LONG WAY WITH THE BOARD TO GET THE APPROVAL OF WHAT YOU'RE SEEKING TODAY. DEFINITELY. I MEAN, IF THAT'LL HELP OUT, I HAVE NO PROBLEM REMOVING THE SIDEWALK. SO I WOULD JUST SAY I WILL STATE THAT YOU'D REMOVE THE CONCRETE. OKAY. I WILL, I WILL MAKE PLANS TO HAVE THE CONCRETE REMOVED ON THAT, ON THAT SIDEWALK ON THE SIDE RIGHT HERE. THANK YOU, SIR. OKAY. MR. ORIAN, DOES THAT SATISFY [00:40:01] THAT IMPERVIOUS COVER COMPONENT? SURE. OKAY. MICKA, ANY OTHER, ANY OTHER DISCUSSION? UH, MR. MACHACA, UM, IN REFERENCE TO THE, UH, SITE PLAN THAT'S BEING SHOWING UP RIGHT NOW, UH, I WOULD LIKE TO REVIEW THESE, UH, OFFSETS OR VARIANCES IN TERMS OF THIS DIAGRAM. IS THIS DIAGRAM FACING NORTH AND SOUTH OR EAST OR WEST? THE FRONT OF THE STREET. WHAT, WHAT IS THE FRONT OF THE STREET? THE FRONT OF THE STREET IS WEST. IT'S WEST? YES. THIS IS, THIS IS FACING WEST. OKAY. SO ACCORDING TO MS. ORIAN, COULD YOU EXPLAIN FROM THAT POINT? SURE. UH, SO IF YOU LOOKING AT THE FIGURE, UM, UH, ON THE, ON THE LEFT SIDE, WHICH WOULD BE THE NORTH SIDE OF THE PROPERTY, THOSE ARE WHERE THE GARAGE DOORS ARE. YES. UH, I WAS, I WAS RECOMMENDING A, A THREE FOOT SETBACK. THE REAR IS, UH, A THREE FOOT SETBACK, AND ON THE SIDE WHERE THE CONCRETE SIDEWALK IS SHOWN ON THE RIGHT SIDE OF THE PROPERTY WHEN STANDING ON THE STREET, I WAS JUST GOING TO, UH, I, I, WHATEVER HE'S ASKING FOR IS WHAT I KEPT. UM, AND AGAIN, I'M JUST PUTTING SOMETHING OUT THERE. I'M OPEN TO SUGGESTION. SO RIGHT NOW THE BACK, WHICH IS THE EAST IS 2.5 FEET. YEAH. THE SOUTH IS ONE AND A HALF FEET, AND THE NORTH IS, UH, IN LINE WITH THE HOME AT THE PROPERTY LINE. SO, MR. DORIAN, SO IT'S, WE'RE TALKING ABOUT SIX INCHES ON THAT. YEAH. I'LL CHANGE THE MOTION TO AMEND, UH, I, I AMEND THE, UH, MOTION TO, UH, MAKE THE SOUTH SIDE, UH, A, A, UH, THREE AND A HALF, UH, TWO AND A HALF. I APOLOGIZE. A ONE, ONE FOOT SIX INCH, UH, SETBACK. SO THAT'LL BE A THREE AND A HALF FOOT VARIANCE ON THE EAST SIDE OF THE PROPERTY, WHICH IS THE REAR OF THE PROPERTY, WE'LL GO DOWN TO A, A TWO FOOT FIVE INCH SETBACK. SO A, SO A TWO FOOT, SEVEN INCH VARIANCE. OKAY. SO WHO MADE THE SECOND ON THAT? OBJECTION. Z ZUNIGA WOULD, WOULD YOU ACCEPT THAT? YEAH. THANK YOU, SIR. OKAY. ANY OTHER COMMENTS? HEARING NONE. I MOVE TO MAKE A, A MOVE FOR APPROVAL. CHAIR ORIAN? UH, YES. MR. ZUNIGA? YES. MR. SPIELMAN? YES. MS. INGLES? YES. MR. MANCHACA CONCUR. MS. CRUZ. MS. CRUZ, WE CAN'T HEAR YOU, MS. CRUZ. I'M SORRY. YES, I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT, MS. KAPLAN. I CONCUR. MS. VASQUEZ? I CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA? YES, I CONCUR WITH THE UNANIMOUS APPROVAL. THE VARIANCE PASSES. GOOD LUCK WITH THE PROJECT. THANK YOU. THANK YOU, SIR. OKAY, SO LET'S NOW JUMP TO THE, UH, CASE, UH, WHICH WAS MS. CASE NUMBER TWO. YES. DO YOU WANNA, OKAY, LET'S LET, SO WE WERE AT THIS POINT WE'RE LOOKING FOR, UM, WE'RE LOOKING FOR PUBLIC COMMENT. MR. PETERS? YES. YOU MAY RETURN TO THE PODIUM. ALL RIGHT, MR. PETERS? YES. OKAY, WE'RE BACK. TRY AGAIN. OKAY, SO WE'RE NOW FULLY AND PANELED, RIGHT? DO WE HAVE, UH, NO PUBLIC COMMENT. OKAY. NO PUBLIC COMMENT. OKAY. SO, UH, LET'S SEE IF WE HAVE ANY QUESTIONS FROM THE BOARD. KAPLAN, MS. KAPLAN. OKAY. SO AFTER YOUR MEET, SO YOU MET, WHAT WE'D ASKED YOU TO DO WAS HAVE THE OWNER MEET WITH THE, UH, COMMUNITY ASSOCIATION, WHICH YOU DID, AND NOW ARE THEY OKAY? NO, THEY EMAILED, I BELIEVE, UH, JOSEPH, UH, WILL CONFIRM THAT THEY EMAILED, THEY WERE STILL OPPOSED. UM, I THINK IT, IT COMES DOWN, THEY WANTED VERIFICATION VIA WOULD MOVE THE BUS STOP VIA, WON'T DO IT UNTIL WE GET TO PERMIT STATE. THEY WANTED VERIFICATION THAT THE CITY OF SAN ANTONIO WOULD DO A BARRIER THERE. I MET WITH, UH, AS I SAID, THE SENIOR ENGINEER, UH, DAVID RAMOS AN HOUR AND A HALF AGO. HE SAID NOT TO PLAN REVIEW ALVIN. I MEAN, WE'LL DO IT. AND THEN THE LAST THING THAT WAS BROUGHT UP IN KIND OF THROWN IN THE RING BY, UH, MR. UH, UH, UH, ORLANDO RAMIREZ, DISTRICT SIX REPRESENTED. HE, HE, AS A SIDE ITEM, HE MENTIONED MEMO OF UNDERSTANDING, OFTENTIMES IN, IN ZONING CASES WAS, WAS WORKED OUT BETWEEN PARTIES. BUT HE, HE WAS QUICK TO EXPLAIN THAT THIS, THIS WASN'T TYPICAL IN A VARIANCE, BUT THEY WANTED ME TO LIST THAT AS AN UNRESOLVED ITEM. AND, YOU KNOW, KIND OF THINGS THEY WERE SUGGESTING WAS, WE WANNA NAIL DOWN HOURS OF OPERATION BUSINESS TYPES. UM, AND I THINK THAT WAS MAYBE THE MAJOR THINGS. AND I, I JUST, I, I WOULDN'T EVEN BE INVOLVED IN THAT. I DON'T KNOW HOW TO COMMENT. I WOULD SUGGEST I, I ASKED THE OWNER, [00:45:01] WOULD YOU BE WILLING TO DO THIS? HE SAID, YES, VERY NICE GENTLEMAN. UM, AND I SAID, I, I IMAGINE AN ATTORNEY WOULD BE USED TO DRAW THIS UP, BUT I, I, I PROBABLY COULDN'T OFFER ANY HELP ON THAT. THANK YOU, MS. KAPLAN. MANA, MR. MANNA. SO, SO THANK YOU VERY MUCH FOR, YOU KNOW, FOR THE EXTENDED REACH OUT. AND, AND I REALLY DO APPRECIATE THAT, AND I KNOW THAT THE COMMUNITY APPRECIATES THAT AS WELL, AND IT'S COMMENDABLE AND I KNOW THAT IT'S, IT'S COULD BE TORTURES AT TIMES, BUT NO, NOT AT ALL. BUT IT IS A GOOD RELATIONSHIP TO ESTABLISH, SO I APPRECIATE THAT IMMENSELY. UM, YOU KNOW, SO, SO LOOKING AT THIS, YOU KNOW, TO ME IT APPEARS THAT A LOT OF THIS DISCUSSION THAT THE COMMUNITY HAD, YOU KNOW, SEEMS TO HAVE BEEN RESOLVED. AND IT SEEMS TO BE THAT THE OUTSTANDING THINGS THAT ARE REMAINING REALLY ARE KIND OF BEYOND YOUR PURVIEW REALLY, AND REALLY REQUIRES, YOU KNOW, THE CITY KIND OF STEP IN AND DO THEIR PART OF THE DIALOGUE. IS THAT, IS THAT RIGHT? EXACTLY. DURING THE PLAN REVIEW PERMIT STAGE, AND WHICH, YOU KNOW, I REMINDED THE OWNERS, YOU GOT YOUR OPPORTUNITY AGAIN TO OBJECT AND REACH OUT TO CITY STAFF. AND, AND THEN JUST, AND I, I DON'T, I ASSUME I CAN ASK THIS QUESTION. SO IS THERE, IS THERE A ZONING CASE AFTER THIS ON THIS PROPERTY AS WELL? NO. SO NONE. SO THIS, SO BASICALLY THIS IS THE DIALOGUE, AND THEN YES, IF, IF APPROVED, THE OWNER WILL QUICKLY MOVE TO ENGAGE ME TO PREPARE, PREPARE, UH, CONSTRUCTION DOCUMENTS AND SUBMIT TO THE CITY OF SAN ANTONIO FOR REVIEW. OKAY. THANK YOU. THANK YOU, MR. MADA. UH, MR. MINCHA, UH, MR. MACHACA, THEN, MR. ZUNIGA, UH, JUST A SMALL QUESTION TO STAFF. UM, IN TERMS OF THE M O U, WOULD THAT CARRY A LOT OF WEIGHT IN TERMS OF, UH, OBJECTIONS OR ANYTHING LIKE THAT? SAY THAT ONE MORE TIME. SORRY. THE M O U MEMORANDUM OF UNDERSTANDING, MY FAMILIARITY WITH THAT KIND OF DOCUMENT IS IN A CORPORATE ENVIRONMENT, IS THAT, UH, IT DOES CARRY SOME ACTION, SOME ACTIVITY WITH IT. SO IS THAT ANYTHING PENDING? NO. THAT, THAT YOU'RE TALKING KIND OF LIKE DEEDED RESTRICTIONS, MOUS, THOSE ARE TOOLS THAT THE NEIGHBORHOODS, THE, UH, DEVELOPER CAN USE IN COLLABORATION WITH COMMUNITIES, UH, TO COME UP WITH SPECIFICS. BUT THAT'S NOT ANYTHING THAT CAN BE TIED TO OR PART OF A BOARD OF ADJUSTMENT OR EVEN A ZONING CASE. THANK YOU. APPRECIATE IT. ZUNIGA, MR. ZUNIGA? YES. OKAY. LET CUT THROUGH THE CHAIN HERE IS AROUND, AROUND THREE TIMES THAT WE'VE BEEN HERE. OKAY. NOW LET, LET ME ASK A QUESTION, BECAUSE IT'S TWO NEIGHBORHOOD ASSOCIATIONS, RIGHT? BOUNDARY WAS SIX AND FIVE. UH, YOU AND WE HAVE HAD DIALOGUE ALTOGETHER SINCE THE LAST TIME, UH, BEFORE THAT, THAT WOMEN, UH, YOU ALREADY STATED, BUT WHAT'S THEIR OBJECTION RIGHT NOW FOR THE RECORD? FOR ME? UM, I, I'M GUESSING, UM, WHAT IS THE MOTIVE? SAY? WELL, RAMIREZ R RAMIREZ? YEAH. OH, NO, NO. I MEAN, HE WAS HAPPY. HE, HE WAS JUST LOOKING FOR A WAY TO, I BELIEVE, TO MAKE EVERYBODY REAL HAPPY. BUT, YOU KNOW, IT'S ONE OF THOSE THINGS. I DON'T KNOW. I DON'T KNOW O OKAY. THE ONLY THING HERE NOW, NOT, NOT TO CUT YOU OFF, WHAT IS PLANNED FOR THAT AREA? I KNOW IT, IT'S, YOU DIDN'T HAVE AN ANSWER. THE MR. ALVIN PETERS DIDN'T HAVE THAT. I KNOW THERE'S A ZONING IN ON THERE. IT'S A, IT'S A SINGLE STORY. BE OCCUPANCY STRUCTURE. SO OFFICES IS, AND, AND MR. UH, WAS THERE AT THE MEETING AND HE SAYS, I DON'T KNOW WHO'S EVER GONNA COME IN AND OFFER TO LEASE A SPACE. I'LL TALK TO THEM. OBVIOUSLY I'M NOT GONNA, UH, BY, BY ZONING, I CAN'T BRING AN ALCOHOL SERVING ESTABLISHMENT. BUT, UH, OUTSIDE OF THAT, HE'S, HE'S NOT LIMITED BY MUCH YOU WERE TALKING ABOUT VIA THAT WOULD HAVE TO BE WITH THE CITY AND, AND THEM. WELL, CURRENTLY, YEAH, CURRENTLY THERE'S A BUS STOP. WELL, WE DON'T HAVE NO BUSINESS IN IT. RIGHT. YOU KNOW, BUT, SO, UM, YEAH, YOU HAVE TRIED FOREVER, REALLY VIVIDLY. AND, UH, UH, IF SOMEBODY, UH, GOES AHEAD AND MAKES A MOTION, THEN I'LL, I'LL TELL YOU WHAT I'M GOING TO BE DOING. THANK YOU, MR. THANK YOU. THANK YOU. LET'S SEE, ANY OTHER, UH, QUESTIONS FROM THE, FROM THE BOARD? UH, I DO HAVE A QUESTION, UH, FROM MR. PETERS. IT APPEARS FROM THE, FROM THE EXHIBIT THAT WE HAVE UP THERE THAT YOU GUYS BASICALLY RESOLVED LIKE ITEMS ONE THROUGH FIVE, RIGHT? I MEAN, THAT IS IN CONCURRENCE WITH THE YES. NEIGHBORHOOD. SO THE, EVERYBODY WAS HAPPY WITH THAT AND EVERYONE'S HAPPY WITH THAT. YEAH. SO THE ONLY UNRESOLVED ISSUES IS THE BUS STOP, WHICH WE HAVE NO CONTROL OVER. UH, THE T I A, WHICH WOULD BE SUBMITTED AS PART OF I SUBMITTED OF THE PLANNING YEAH. PROCESS. AND THEN THE, SOME MEMO OF UNDERSTANDING ON THESE OTHER ITEMS. BUT OTHER THAN THAT, THE MAJORITY OF THESE ITEMS HAVE BEEN ADDRESSED [00:50:01] DIRECTLY BY THE OWNER. ABSOLUTELY. AND SO THAT DISCUSS, WE ALL SAT TOGETHER AND DISCUSS, THE OWNER DISCUSSED, HAD OUT IN FRONT OF THE NEIGHBORHOOD ASSOCIATION. AND WE HAVE RESOLVED THAT SINCE THE LAST MEETING THAT WE ASKED FOR THE CONTINUANCE FOR THIS MEETING. SO YOU'RE CORRECT. OKAY. THANK YOU. ANY OTHER QUESTIONS FROM THE BOARD? BREGMAN, MS. BREGMAN? SO JUST TO REITERATE, HOW LONG HAS THAT PROPERTY BEEN EMPTIED THAT YOU'RE AWARE OF? I DON'T EVEN KNOW. UM, MISS, WHAT IS, HOW LONG HAS IT BEEN EMPTY? THE LOT? FOUR YEARS? UH, A FEW YEARS. , I DON'T KNOW. I'VE ONLY BEEN INVOLVED FOR ABOUT SIX MONTHS. , IT'S LONGER THAN SIX MONTHS. YEAH. THANK YOU. SO IT, SO IT'S POSSIBLE ANY, BECAUSE OF THE ZONING, IT'S POSSIBLE IT COULD BE SOMETHING ELSE IF THIS PROJECT DOESN'T MOVE FORWARD. UM, WELL, I DON'T KNOW. I MEAN, MR. BRO BROCK B BRAS HAS NO INTENTION OF SELLING IT. I MEAN, I WOULD IMAGINE I WOULD, IF IT WAS MINE, I'D BE DISAPPOINTED. I DON'T KNOW IF I'D WANT TO TRY AGAIN. I DON'T KNOW WHAT HE'S GONNA DO. MAYBE HE SELLS IT, WHO KNOWS? BUT I HAVE NO CLUE, I'M GUESSING. THANK YOU. THANK YOU, MR. BREGMAN. ANY OTHER QUESTIONS TO THE BOARD? OKAY, HEARING NONE THEN, UH, THAT CLOSES A PUBLIC PORTION AND I'M ASKING THE BOARD TO MAKE A MOTION. I'LL MAKE A MOTION. OKAY. OKAY. REGARDING CASE NUMBER BO A DASH 22 DASH OH 3 0 2 4, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE A SEVEN SIX 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 COLLECTOR. AND FOR A 20 FOOT VARIANCE FROM THE REQUIRED 30 FOOT SIDE SETBACK TO ALLOW A STRUCTURE TO HAVE A 10 FOOT SIDE SETBACK SITUATED AT 9 95 SOUTHWEST 36TH STREET, APPLICANT BEING ALVIN PETERS, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE, ONE, ONE, THE VARIANCE IS NOT PUBLIC INTEREST. THE REQUESTED LANDSCAPE VARIANCES AND SITES SETBACK VARIANCES ARE NOT CONTRARY TO THE PUBLIC'S INTEREST. AS THERE ARE SIMILAR LOTS IN THE AREA WITH LANDSCAPE AND SETBACKS OF WHAT IS BEING PROPOSED DO TWO DUE TO SPECIAL CONDITIONS. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP WITHOUT THE VARIANCE AS THE APPLICANT WOULD HAVE TO COMPLY TO THE LANDSCAPE BUFFER REQUIREMENTS AND SIDE SETBACK REQUIREMENTS, THIS WOULD RESULT IN AN UNNECESSARY HARDSHIP AS THE LAW IS SMALL. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. REDUCING THE LANDSCAPE BUFFER REQUIREMENTS AND SITE SETBACK REQUIREMENTS WILL OBSERVE THE SPIRIT OF THE ORDINANCE AND WILL NOT ADVERSELY AFFECT SURROUNDING PROPERTIES IN THE IMMEDIATE AREA. FOUR, 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 WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE LANDSCAPE BUFFER VARIANCES INSIDE SETBACK VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX, THE PLIGHT TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE UNIQUE CHARACTER OF THE BUSINESS WOULD BE HINDERED BY THE EXISTING BUFFER AND SETBACK REQUIREMENT. END OF MOTION. SECOND. SECOND. OKAY. SECOND. THANK YOU. ANY DISCUSSION ON, YEAH, I I'M GONNA BE VOTING FOR THIS BECAUSE I THINK YOU'VE DONE THE MOST, YOU CAN, YOU HAVE MET SEVERAL TIMES WITH THIS NEIGHBORHOOD ASSOCIATION AND IT SOUNDS LIKE, UH, WHAT THEY'RE ASKING IS JUST IMPOSSIBLE UNTIL YOU ACTUALLY GET FURTHER AHEAD. SO, UM, I SEE NO REASON NOT TO, UM, GRANT THIS. MS. THANK YOU. I AGREE WITH THAT. AND THEN JUST IN ADDITION, UM, I LOOKED AT GOOGLE MAPS AND I DID SEE THAT, THAT, UM, PROPERTY HAS BEEN VACANT AT, FOR AT LEAST SINCE 2009. SO 14 YEARS. AND THAT'S AS FAR BACK AS GOOGLE MAPS SHOW. SO THE FACT THAT YOU'RE MAKING PRODUCTIVE USE OUT OF A, A PROPERTY THAT'S BEEN SITTING EMPTY FOR YEARS, UH, I THINK SHOULD BE COMMENDED. AND, UH, THE FACT THAT YOU'VE GONE TO SO MUCH LENGTH TO, UH, MEET WITH THE, UH, NEIGHBORHOODS, UM, ASSOCIATIONS AROUND YOU. UM, I THINK YOU'VE DONE EVERYTHING THAT YOU CAN. SO I'LL BE IN SUPPORT OF THE MOTION. THANK YOU. I CONCUR. 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. MS. SPIELMAN, I CONCUR WITH THE FINDINGS OF FACT. MS. INGLES. I CONCUR. MR. MANCHACA. [00:55:01] I CONCUR. MS. CRUZ I CONCUR. MR. ZUNIGA? I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. O ZUNA? YES, I CONCUR WITH NOT IN FAVOR. THE VARIANCE PASSES. GOOD LUCK WITH THE PRO MR. CHAIRMAN. UH, THEY DID NOT MR. VASQUEZ TO VOTE? YES. MS. VASQUEZ, PLEASE. WE, WE, WE RECOGNIZE, UH, YES. UH, I'M IN FAVOR. THANK YOU, SIR. THANK YOU. AND MS. CRUZ ALSO, DID WE? OKAY, SO THAT'S 10 IN FAVOR OF THE VARIANCE PASSES. THANK YOU AND GOOD LUCK WITH THE PROJECT. THANK YOU. ALRIGHT. ALL RIGHT, SO NOW LET'S JUMP BACK TO CASE NUMBER 2 58. AND THIS IS, UH, IS THE APPLICANT, THE APPLICANT SHOW UP FOR THIS CASE? UH, WE STILL WOULD LIKE TO HAVE THE, THE, UH, PRESENTATION BY STAFF BECAUSE WE DO HAVE SOME OPPOSITION, BUT AS A COURTESY WOULD LIKE TO FOR THEM TO MAKE A PRESENTATION. GOOD AFTERNOON. UH, ONE QUESTION. UH, IT'S 1 56 AND, UH, BOARD MEMBER ORIAN WAS AS MANNA IS RECUSING HIMSELF. GOOD AFTERNOON, BO O 8 22 1 0 3 0 0 2 5 8. ADDRESS IS 66 90 P ROAD COUNCIL DISTRICT SEVEN AND EIGHT. APPLICANT IS MORALES DESIGN GROUP. A REQUEST FOR A 15 FOOT VARIANCE FROM THE MINIMUM 30 FOOT REAR SETBACK TO ALLOW A STRUCTURE TO BE 15 FEET FROM THE REAR PROPERTY LINE ZONING. A C THREE CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED ALONG PERU ROAD, JUST EAST OF THE INTERSECTION OF HORN AND IS CURRENTLY A VACANT COMMERCIAL LOT. THE APPLICANT IS REQUESTING A REAR VARIANCE FOR THE DEVELOPMENT OF A GAS STATION. SO SUBJECT PROPERTY, THE SUBJECT PROPERTY, THE SURROUNDING AREAS, UH, RECOMMENDATION FOR THE REAR SETBACK VARIANCE. STAFF RECOMMENDS APPROVAL AND BO O 8 22 1 0 3 0 0 2 5 8 BASED ON THE FOLLOWING FINDINGS, THE STRUCTURE HAS NOT BEEN CONSTRUCTED AND THERE IS LIMITED AMOUNT OF SPACE. AVAILABLE TO COMPLY WITH THE REAR SETBACK NOTIFICATION PLAN. STAFF MILLED OUT 41 NOTICES ZERO IN FAVOR TO IN OPPOSITION, 21 OPPOSED OUTSIDE OF THE 200 FEET. OAKLAND ESTATES NEIGHBORHOOD ASSOCIATION IS, IS IN OPPOSITION ALSO OUTSIDE OF 200 FEET. ALAMO FARMSTEAD, BABCOCK ROAD NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION. AND PETITION SUBMITTED FROM ALAMO FARMSTEAD ASSOCIATION WAS SUBMITTED WITH EIGHT SIGNATURES IN OPPOSITION. THE FOLLOWING SLIDES CONTAIN, UH, EMAILS FROM ALAMO FARMSTEAD ASSOCIATION AND ALSO THE, UM, NOTICE AND OPPOSITION WITH THE PETITION AND THE MAP SHOWING THE SIGNATURES AND THE REMAINING, UH, SLIDES CONTAIN, UH, ALL THE EMAILS THAT RECEIVED AN OPPOSITION, UH, FROM VARIOUS, UH, CITIZENS. AND THIS CONCLUDES STAFF'S PRESENTATION. THANK YOU. SEE IF WE HAVE ANY QUESTIONS FOR STAFF. BRUCE, MS. CRUZ? UM, I AM, I'M TRYING TO REMEMBER, WE DID HEAR PART OF THIS A COUPLE OF WEEKS AGO, CORRECT? YES, MA'AM. WE DID. WE DIDN'T, UH, HAVE THE NOTIFICATION FOR THE CONDOS, UH, TO THE EAST OF THE PROPER, TO THE WEST, EXCUSE ME, TO THE WEST. SO, AND OUT OF THE CONDOS, AT LEAST 21 PEOPLE ARE SAYING NO. IS THAT CORRECT? THERE IS, THERE'S ONE ON THE NOTIFICATION MAP AND THEN THERE'S ALSO SOME WITHIN THE SIGNATURES, THE PETITION? YES, MA'AM. OKAY. AND IS THERE A REASON WHY THEY'RE SAYING NO? I IT'S VARIOUS, VARIOUS REASONS. WELL, IT'S BECAUSE THEY DON'T WANT A GAS STATION IN THE AREA. IS THAT CORRECT? YES, MA'AM. OKAY. THANK YOU. THANK YOU, MS. CRUZ. ANY OTHER, MR. ZUNIGA? COULD YOU, UH, GO BACK TO WHERE, UH, OKAY. OH, THEM, UH, ALL THE POLES ARE IN THE 200 FEET. O ONLY THOSE, THE OTHER ONES ARE OUTSIDE THE 200 FEET. THE 21 ARE OUTSIDE THE 200 FEET. CAN YOU PUT THAT WHOLE THING? THANK YOU. CAN YOU PUT ALL OF THEM? NO, WE ONLY, THOSE ARE OUTSIDE OF, THEY'RE OUTSIDE OF 200 FEET, SO WE DON'T, WE DON'T PUT 'EM UP. WE ONLY PUT THE ONES, WE ONLY HAVE TWO. RIGHT. THANK YOU. MR. SUSAN. MCG QUESTION FOR STAFF. SO THE APPLICANT WAS, UH, UH, NOTIFIED RIGHT OF THE, OF THE CASE CONTINUANCE UNTIL TODAY, AGAIN, HE HAD OPPORTUNITY TO PRE PRESENT THE, UH, YES, THEY WERE, AND THEY WERE ALSO INFORMED, UH, THIS MORNING OF THIS OPPOSITION TO THE CASE. WE HAVEN'T HEARD ANYTHING FROM [01:00:01] THEM. GOTCHA. OKAY. WELL, AT THIS POINT THEN I'D ASK FOR, I KNOW WE HAVE SOME, UH, PUBLIC COMMENTS AND, UH, SIGNED UP TO SPEAK AND WE DIVIDE THAT PUBLIC COMMENT TO PRESENT. ALL RIGHT. WE'LL START OFF WITH THE, UH, VOICEMAILS. IT'D BE SEVEN OF THEM. HI, MY NAME IS SANDRA . MY ADDRESS IS 6 7 0 7, THE SESSION LANE. UM, I'M IN OPPOSITION REGARDING, UM, A BOARD OF ADJUSTMENTS. UM, I BELIEVE THE LAST NUMBERS ARE 3 0 0 2 5 8. AND, UM, I'M IN AGREEMENT WITH OPPOSITION, UH, TO ALL OF THESE CHANGES ABOUT PUTTING SOME RIDICULOUS GAS STATION ON PR ROAD BETWEEN, I GUESS, UH, BABCOCK AND BANDERA. I'M NOT TOO SURE EXACTLY, UM, WHICH CORNER THEY COULD POSSIBLY BE THINKING OF PUTTING THE GAS STATION ON. THERE'S TOO MANY HOUSES IN THIS AREA. UH, THERE'S JUST NOTHING THAT MAKES SENSE ABOUT THIS. AND THEN JUST TRYING TO BRING, UH, MORE SEMI TRAFFIC AND, AND ALL THAT, IT DOESN'T MAKE SENSE. THIS, ALL OF THIS AREA IS USED TO, TO KNOWING BABCOCK AND BANDERA OF WHERE OUR GAS STATIONS ARE. YOU GET YOUR GUESTS BEFORE YOU GO HOME. THERE'S NO NEED TO BE PUTTING A, A, A, A GAS STATION IN THE MIDDLE OF THESE NEIGHBORHOODS FOR SAFETY PURPOSES, FOR TRAFFIC PURPOSES, FOR ALL, ALL OF THESE REASONS, EVERYTHING THAT THEY LISTED HERE IN THIS EMAIL, UH, I, I AGREE WITH ALL OF THESE OPPOSITION REASONS THAT I'M SURE THEY WILL DISCLOSE IN THE MEETINGS. SO ANYWAY, UM, THAT'S MY THING FOR THAT WE OPPOSE THIS. THANK YOU. GOODBYE. THIS IS ALMA BELLFIELD. MY ADDRESS IS 8 3 5 7 ROCHELLE ROAD. THE CASE I'M CALLING ABOUT, UH, ENDS IN 2 5 8. THAT'S FOR 66 90 PER ROAD. UM, I OPPOSE THIS VARIANCE. I REPEAT, I OPPOSE THE VARIANCE, WHICH WOULD ALLOW SUCH INTENSE COMMERCIAL ACTIVITY TO ENCROACH INTO THE REQUIRED SETBACK TO THE ABIDING RESIDENTIAL USAGE. THE SELECT STOP GAS STATION COMPANY IS THE CURRENT OWNER OF THE SUBJECT PROPERTY JUST HAVING BOUGHT IN AUGUST, 2021. THEY WERE NOT THE OWNERS AT THE TIME. THE COMMERCIAL ZONING ON THIS PROPERTY WAS GRANDFATHERED IN THE FUTURE. LAND USE ON THIS PROPERTY IS ACTUALLY MEDIUM DENSITY RESIDENTIAL, AND THAT WAS IN PLACE LONG BEFORE SELECT BOUGHT THE ADJOURNING ADJOINING MEDIUM DENSITY. AS ALL APARTMENTS WERE IN PLACE LONG BEFORE SELECT STOP BOUGHT THE CYPRUS TROWS CONDO PROPERTIES ACROSS RN BOULEVARD WAS WELL UNDERWAY WITH CONSTRUCTION. BY THE TIME SELECT STOP BOUGHT, THE SHAPE, SIZE, AND ORIENTATION OF THE SUBJECT PROPERTY IS THE SAME NOW AS AND WHEN SELECT STOP BOUGHT, SELECT STOP OWNS AND HAS BUILT SEVERAL GAS STATIONS AND WORKS WITH A DESIGN COMPANY, THEY SHOULD KNOW THE SIZE AND SHAPE THEY NEED FOR BUILDINGS AND PUMPS AND FOR A GAS STATION. SO IT IS SOMEWHAT DISINGENUOUS FOR SELECT STOP REPRESENTATIVES TO CLAIM THAT THE SIZE AND SHAPE AND ORIENTATION OF THE LOT GIVES THEM ANY JUSTIFICATION FOR REQUESTING VARIANCES. WHEN IN REALITY IT IS THE APPLICANT'S DESIRE TO OPTIMIZE THE SIZE AND THE LAYOUT USING A DIAGONAL, UH, ORIENTATION OF THE BUILDINGS AND THE PUMPS ACROSS THE LOT THAT CAUSES THESE LIMITATIONS THAT WOULD REQUIRE THESE VARIANCES. THEY SAY THEY WANT IT TO BE OPTIMAL, OPTIMAL MEANING MAXIMIZING THEIR PROFITS, NOT NECESSARILY OPTIMAL FOR THE NEIGHBORING RESIDENCES AND THE COMMUNITY. THIS CASE IS GONNA REQUIRE A ZONING CHANGE BECAUSE THE CURRENT ZONING DOES NOT ALLOW FOR GAS STATIONS. THAT ZONING CHANGE BECAUSE IT'S MORE INTENSE ZONING IS GONNA MEAN THAT THEY NEED TO HAVE A COMMUNITY PLAN CASE BECAUSE THE, UH, CURRENT, UH, CURRENT DESIGNATION. ALRIGHT, THIS IS IN REGARDS TO CASE NUMBER B O A 2 2 1 0 3 0 0 2 5 8. UH, YEAH, MY NAME IS MICHAEL GARCIA. I, I'M A HOMEOWNER IN THE PROPERTY ACROSS THE STREET FROM THE NEW, UH, CONVENIENCE STORE GAS STATION THAT'S GONNA BE BUILT. AND I AM OPPOSED TO IT. IT'S JUST TOO CLOSE TO RESIDENCE. UM, THANK YOU JAN. TI PHONE NUMBER (210) 410-8884. UH, IN [01:05:01] REFERENCE TO CASE NUMBER B O A DASH TWO TWO DASH 1 0 3 0 0 2 5 8. I AM OPPOSING TO THE, UH, APPLICANT TO, UH, UH, HOPING TO PLACE THE GAS STATION NEAR MY NEIGHBORHOOD. A HORN IS A BUSY INTERSECTION. IT'S ALREADY DANGEROUS INTERSECTION. I'M OPPOSING TO STATION LIGHT CANOPY ANGLE, UM, THAT IS SIGNIFICANTLY IMPACTING, UH, CYPRESS TRAIL CONDOS, TERRA VIEW TOWN HOMES, AND, UH, JULE HILL, UH, APARTMENTS. I'M OPPOSING THE 24 HOUR STORE AND CONSTANT, UH, TRAFFIC, UH, WITH PARKING AREA. AND THIS IS A MEDIUM DENSITY RESIDENTIAL. IT'S GONNA CHANGE TO A COMMUNITY COMMERCIAL. UH, YOUR CONSIDERATION IS APPRECIATED. THANK YOU. HI, THIS IS TIFFANY OTTI. I'M LEAVING A MESSAGE IN REGARDS TO CASE NUMBER BO OH 8 22 1 0 3 0 0 2 5 8. I'M A RESIDENT OF CYPRESS TRAIL UNIT NUMBER 13. UM, I UNDERSTAND THAT THE GAS STATION WANTS TO BE BUILT WITH A 24 HOUR STORE, AND I'M OPPOSING TO THIS. I'M OPPOSING THE ENTRY ON HORN. THERE'S A MIDDLE SCHOOL NEARBY WHERE STUDENTS WALK THROUGH HERE DAILY, AND THAT'S GOING TO BE A SAFETY CONCERN. IT'S ALREADY A BUSY INTERSECTION. I'M OPPOSED ALSO TO THE STATION LIGHT CANOPY AS IT WILL DIRECTLY AFFECT MY HOME AND THE CYPRESS TRAILS COMMUNITY. I'M OPPOSED ALSO TO THE 24 HOUR STORE. WE ALREADY HAVE CONSTANT TRAFFIC. I WOULD NOT HAVE MOVED INTO THIS BRAND NEW NEIGHBORHOOD KNOWING WITH THE KNOWLEDGE THAT YOU GUYS WERE GOING TO BUILD A GAS STATION NEARBY, THAT WOULD'VE AFFECTED MY SELECTION OF NEIGHBORHOODS. AND I'M ALSO OPPOSED TO THE TRASH BIN BEING PLACED, UM, NEAR THE APARTMENT RESIDENCE. THIS IS A MEDIUM DENSITY RESIDENTIAL AREA. IT WAS NEVER INTENDED TO BE A COMMUNITY COMMERCIAL AREA, SO I'M ALSO OPPOSED TO THE ZONING CHANGE FOR THAT AS WELL. THERE'S ALREADY A CHEVRON DOWN THE ROAD. WE HAVE PLENTY OF GAS STATIONS NEARBY. THANK YOU FOR YOUR TIME AND CONSIDERATION. IF YOU NEED TO SPEAK WITH ME, YOU CAN REACH ME AT 2 1 0 6 0 2 9 8 2 8. THANK YOU. YES. MY NAME IS SHERA LORI. I RESIDE AT 6,800 PEMBROKE ROAD IN SAN ANTONIO, TEXAS. MY TELEPHONE NUMBER IS (210) 696-2301, AND I'M CALLING ON BOARD OF ADJUSTMENT CASE NUMBER B OH 8 2 2 1 0 3 5 8. MY PROPERTY IS ABOUT THREE QUARTERS AWAY FROM THE PROPERTY AT ISSUE, AND AT ONE OF THE EXITS FROM MY NEIGHBORHOOD IS THE PROPERTY AT ISSUE. WHEN I HAVE TO EXIT MY NEIGHBORHOOD TO GET TOWARDS BANDERA ROAD, I OPPOSE CASE NUMBER B ZERO BO, A 2 2 3 5 8 FOR THE FOLLOWING REASONS. THE PROPERTY AT ISSUE IS EMBEDDED IN THE MIDDLE OF EX EXISTING RESIDENTIAL COMMUNITIES WITH AN APARTMENT COMPLEX THAT ABUTS THE PROPERTY AT ISSUE AT THE REAR PROPERTY LINE. ALLOWING A 15 FOOT SETBACK VARIANCE WILL DISTURB THE USE AND ENJOYMENT OF THE PROPERTIES THAT CURRENTLY EXIST WITHIN 200 FEET OF 66 90 PRU ROAD, ESPECIALLY THOSE RESIDENTS LIVING TO THE BACKSIDE OF THE PROPERTY WHERE THE VARIANCE IS REQUESTED. THINK OF WHAT IT WOULD BE LIKE IF YOU HAD A COMMERCIAL STRUCTURE LOCATED 15 FEET FROM YOUR PROPERTY LINE. APPROVAL OF ANY SETBACK VARIANCE WOULD EXIST IN PERPETUITY FOR ANY FUTURE OWNERS OF THE PROPERTY IF IT WAS APPROVED. IN ADDITION, U D C REQUIREMENTS APPROVED BY THE CITY COUNCIL ON NOVEMBER 3RD, 2022, REGARDING GASOLINE STATIONS NEAR SINGLE FAMILY OR MULTI-FAMILY RESIDENCES REQUIRE A MINIMUM OF A HUNDRED FOOT DISTANCE FROM THE NEAREST STRUCTURE OF THE GASOLINE STORAGE OR DISPENSARY TO THE PROPERTY LINE. IT SHOULD BE NOTED THAT THERE'S ALREADY TWO OTHER GAS STATIONS LOCATED NEAR THE PROPERTY AT ISSUE AT THE INTERSECTION OF PRUNE BABCOCK, ONE BEING A CHEVRON APPROXIMATELY 900 FEET AWAY, AND THE OTHER OF VALERO APPROXIMATELY 1000 FEET AWAY. IN ADDITION, PORTIONS OF THE EDWARDS AQUIFER RECHARGE ZONE ARE LOCATED WITHIN MY NEIGHBORHOOD, THIS RECHARGE ZONE. HELLO, MY NAME IS ISMAEL GARCIA AND I AM A RESIDENT AT SIX SEVEN OH NINE TERRA. RIGHT? MY TELEPHONE NUMBER IS AREA CODE (210) 385-8342. THE CASE NUMBER THAT I'M CALLING ABOUT LAST THREE DIGITS IS 2 5 8. THIS VOICEMAIL IS [01:10:01] TO EXPRESS MY OPPOSITION FOR THE PROPOSED, UH, 15% VARIANCE FROM THE MINIMUM 30, UH, 30 FEET REAR SETBACK FOR THE PROPERTY THAT IS, UM, TO BE BUILT THE GAS STATION TO THE PROPOSED GAS STATION TO BE BUILT. UM, IN ADDITION TO BEING IN OPPOSITION OF THIS, UH, VARIANCE, I AM ALSO IN OPPOSITION OF THE WHOLE PROPOSAL GAS STATION, PRIMARILY BECAUSE I FEEL THAT THIS TYPE OF BUSINESS IS TOO CLOSE TO RESIDENTIAL HOME AS WELL AS APARTMENT HOMES IN THAT AREA. UM, ADDITIONALLY, THE AREA THAT THEY HAVE SELECTED TO CONSTRUCT THIS PROPERTY, IN MY OPINION, IT'S NOT DESIGNED FOR A, UH, GAS, UH, STATION TYPE OF BUSINESS. ADDITIONALLY, THEY ARE TWO EXISTING GAS STATIONS AT THE MAJOR, UH, INTERSECTIONS FROM PROOF ROAD AND BABCOCK. AND I DON'T FEEL THAT THERE IS A NEED FOR A THIRD, UM, GAS STATION, SO CLOSE TO A RESIDENTIAL HOME AND APARTMENT HOMES. ADDITIONALLY, THE, THE BUILDING OF THIS TYPE OF BUSINESS WITH ITS 24 HOUR CONSTANT TRAFFIC IS GOING NOT ONLY TO, UH, INCREASE LIKE THE, THE, THE FOOT TRAFFIC, BUT AS WELL AS THE, UH, OVERALL TRAFFIC IN THIS ALREADY BUSY, UH, INTERSECTION. SO I AM, THE VOICEMAIL IS TO EXPRESS MY, MY OPPOSITION, LIKE I SAID, FOR THE VARIANCE, BUT AS WELL AS THE, UH, ENTIRE, UM, GAS STATION PROPOSAL THAT, UH, THIS, UH, CLIENT IS TRYING TO ESTABLISH IN THAT AREA. THANK YOU. AND THIS CONCLUDES THE VOICEMAILS. THANK YOU. DO WE HAVE ANYBODY SIGNED UP TO SPEAK IN PERSON? YES. UH, FIRST SPEAKER IS MRS. CAROLINE MCDONALD. IT'LL BE A PRESENTATION, I BELIEVE. GOOD AFTERNOON, MR. CHAIR. UH, AND I BELIEVE KEN BROWN HAS ALSO SIGNED IN, AND SO I WILL BE TAKING HIS THREE MINUTES. I'M NOT GOING NEED ALL OF THEM, UH, BUT GOOD AFTERNOON, MR. CHAIR. UH, BOARD MEMBERS, CAROLINE MCDONALD WITH BROWN ORTIZ. I'M HERE ON BEHALF OF THE PROPERTY OWNERS AT, UH, FOR THE AZU APARTMENTS, WHICH IS THE PROPERTY DIRECTLY SOUTH FROM THE CASE BEFORE YOU TODAY. MM-HMM. AND I DO HAVE A BRIEF PRESENTATION. THANK YOU. CAN I CONTROL IT FROM HERE? MM-HMM. . OKAY, GREAT. UH, SO AGAIN, I DO REPRESENT THE APARTMENTS TO THE SOUTH OF THE PROPERTY BEFORE YOU TODAY. THE VARIANCE IS FOR 15 FOOT RELIEF FROM 30 FOOT SETBACK AT 6 6 9 OH PRU ROAD. UH, THE SITE IS 1.16 ACRES, AND IT IS AT THE SOUTHEAST CORNER OF PRU AND HORN. UM, THE AZU APARTMENTS, I CAN'T, IT'S NOT GOING. OKAY. YES, AGAIN, AZU APARTMENTS. UM, I JUST WANNA PUT IT OUT THERE THAT NEITHER MY CLIENT OR I WERE APPROACHED BY THE PROPERTY OWNER AT PRU ROAD, UM, BEFORE THE HEARING TODAY, OR BEF WHEN IT WAS BEFORE YOU EARLIER. UM, UH, THIS YEAR, UH, WE ARE IN, UH, SUPPORT OF THE NEIGHBORHOOD'S OPPOSITION AND REQUESTED DENIAL OF THE VARIANCE, UH, BEFORE YOU TODAY. UM, JUST WANNA START OUT, I, WE KNOW THIS ISN'T A ZONING CASE BEFORE YOU, UM, THE PROPERTY IS ZONE C THREE. THE USE IS ALLOWED BY WRIGHT. HOWEVER, UM, WHEN YOU HAVE THE C THREE ADJACENT TO THE RESIDENTIAL HOMES AND THE THE MULTI-FAMILY RESIDENCES, THERE ARE, UH, SPECIFIC DEVELOPMENT STANDARDS THAT ARE SUPPOSED TO BE IN PLACE, AND THAT INCLUDES A 30 FOOT SETBACK. UM, GRANTING THAT RELIEF WILL SEVERELY HARM THE RESIDENTIAL, UH, MULTIFAMILY DEVELOPMENT TO THE SOUTH, SPECIFICALLY THE RESIDENCES THAT WILL BE RIGHT UPON UPON THAT PROPERTY. UNDERSTANDING VARIANCES ARE ALLOWED AND WARRANTED IN CERTAIN SCENARIOS, BUT THIS IS NOT ONE OF THEM. UM, THE CASE SIMPLY DOES NOT MEET THE FINDINGS OF FACT, UH, THAT ARE REQUIRED FOR A VARIANCE OF SETBACK VARIANCE. THE PROPOSED BUILDING WILL SEVERELY IMPACT THE RESIDENTIAL USES TO THE SOUTH BECAUSE OUR, OUR CURRENT ZONING FOR THE MULTIFAMILY IS A COMMERCIAL C TWO DISTRICT. IT WAS A RESULT OF THE B TWO C TWO CONVERSION BACK IN 2001. AND SO, BECAUSE OF THE WAY THE CODE IS WRITTEN, THERE ARE NO PROPOSED BUFFERS LANDSCAPING OR TREE PRESERVATIONS WITH THIS DEVELOPMENT. SO NOT ONLY WILL WE ONLY HAVE A 15 FOOT SETBACK, THERE'S NO LANDSCAPING, THERE'S NO [01:15:01] BUFFER, AND THERE'S, UH, NO TREE PRESERVATION, AND WE DON'T EVEN KNOW WHAT SORT OF FENCE IS GOING TO BE ON THE PROPERTY AS WELL. UM, LET'S SEE IF I CAN GO TO THE NEXT SLIDE. OKAY, THERE WE GO. AS YOU CAN SEE HERE, UM, THE PROPERTY IS AT A HARD CORNER. IT'S LUSH WITH TREES AND, AND GREENERY. IT TYPICALLY IS, UH, RIGHT NOW THE PROPERTY OWNER HAS LET IT KIND OF GO, UM, GO TO WASTE AS THERE IS A LOT OF OF DEBRIS ON THE PROPERTY RIGHT NOW. UM, AGAIN, THERE, THERE'S SUPPOSED TO BE SOME COMPATIBILITY BETWEEN THE COMMERCIAL AND THE MULTIFAMILY. AND RIGHT NOW WITH THE, THE RELIEF IS GRANTED, IT WILL BE SEVERELY REDUCED AND THERE WILL BE HARM ON, ON MY, ON MY CLIENT'S PROPERTY. HERE IS A SITE PLAN THAT THE, THE APPLICANT HAS SUBMITTED. AS YOU CAN SEE, THE BUILDING IS WAY WELL INTO THE 30 FOOT SETBACK. THERE'S EVEN A DUMPSTER THAT IS RIGHT ON THE PROPERTY LINE RIGHT NOW. THERE'S A BEAUTIFUL WROUGHT IRON FENCE ON OUR CLIENT'S PROPERTY. UM, SO IF THERE'S NO FENCE PROPOSED, THEN ARE, ARE THE RESIDENTS AT THIS APARTMENT WILL BE ABLE TO SEE RIGHT ONTO THAT DUMPSTER. UM, AS YOU CAN IMAGINE, AS, AS THE TRASH PICKUP COMES, THAT THAT'D BE A, A SEVERE, UH, NOISE VIOLATION, UM, AS WELL AS THE LIGHTING THAT COMES ALONG WITH THE BUILDING, UM, THE NOISE WITH THE TRAFFIC AND, AND THE FUEL PUMPS AS WELL. SO, UM, AND ONE MORE PICTURE. UM, WE DO BELIEVE THAT THIS WILL SEVERELY IMPACT THE RESIDENTIAL HOMEOWNERS. IT'S, IT'S A VIOLATION OF, UM, THE HEALTH AND SAFETY STANDARDS THAT COME WITH THE PROTECTION OF THE U D C. AND SO WE ECHO THE CONCERNS OF THE ALMA FARMSTEADS AND OAKLAND ESTATES AND THE NUMEROUS PROPERTY OWNERS IN THE AREA, AND WE DO REQUEST A DENIAL OF THIS VARIANCE TODAY. THANK YOU. THANK YOU, MRS. KATHY MANNA. I ALL RIGHT. WHAT'S YOUR NAME, SIR? I'M SORRY. STEVE KUSHMAN. MR. CHAIRMAN. OKAY. UH, MR. KUSHMAN, YOU HAVE SIX MINUTES. DO THE TESTIMONY. GOOD AFTERNOON. MY NAME IS STEVE CUSHMAN. I LIVE AT 6 6 8 2 PEMBROKE ROAD, WHICH IS, UH, MAYBE THREE QUARTERS OF A MILE FROM THIS INTERSECTION. I'M HERE REPRESENTING THE ALAMO FARMSTEAD BABCOCK ROAD NEIGHBORHOOD ASSOCIATION, AND I DO SERVE ON THE BOARD FOR THAT ASSOCIATION. AND AS A REMINDER, THE ALAMO FARMSTEAD BABCOCK ROAD NEIGHBORHOOD ASSOCIATION REPRESENTS APPROXIMATELY 10,000 PEOPLE BY UNITA UNANIMOUS BOARD DECISION. THE NEIGHBORHOOD ASSOCIATION OPPOSES THIS VARIANCE AND THE WHOLE PROJECT AS CURRENTLY PRESENTED. THERE ARE MAJOR ISSUES AROUND FUTURE LAND USE AND MINIMUM SETBACKS FOR GASOLINE EQUIPMENT, INCLUDING CUTTING THE SETBACK. DISTANCE IN HALF IS A PERMANENT IMPOSITION ON THE ADJOINING NEIGHBOR'S FAIR USE AND ENJOYMENT OF THEIR PROPERTY. THE ADJOINING PROPERTY IS MULTI-FAMILY RESIDENTIAL, NOT JUST SOME OTHER COMMERCIAL USE. SO HAVING A GAS STATION 15 FEET FROM YOUR FENCE IS A BIG DEAL. THE VARIANCE REQUESTED WOULD APPLY TO THE WHOLE REAR PROPERTY LINE, NOT TO JUST SOME SMALL SECTION. AND AFTER VARIANCE IS GRANTED, THERE'S NO OBLIGATION ON CURRENT OR FUTURE OWNERS TO STICK TO THE DESIGN AS PRESENTED TODAY. WHILE THE AREA ALONG THE PROPERTY LINE IS CURRENTLY COVERED WITH TALL TREES AND VEGETATION, WHICH WOULD SCREEN THIS DEVELOPMENT FROM THEIR APARTMENTS, THE APPLICANT'S PLANS AS SUBMITTED SHOW LARGE PORTIONS OF THAT TREE AREA BEING PAVED OVER FOR DRIVEWAYS, PARKING SPOTS, DUMPSTERS AND BUILDING STRUCTURES. THE FUTURE LAND USE OF THE SUBJECT PROPERTY IS ACTUALLY MEDIUM DENSITY RESIDE RESIDENTIAL. SO THE EXISTING SURROUNDING NEIGHBORS HAD REASONABLE EXPECTATIONS THAT THIS PROPERTY WOULD ALSO BE RESIDENTIAL, NOT A GAS STATION, PARTICULARLY SINCE THE WHOLE OF PRU ROAD FROM BANDERA ACROSS BABCOCK AND THROUGH TO ALMOST FREDERICKSBURG AT I 10 IS, IS SOLIDLY RESIDENTIAL. THE THIS USE IS IN IS CONTRARY TO WHAT'S CURRENTLY THERE. IF THIS PROPERTY IS DEVELOPED FOR NON-RESIDENTIAL USE, THERE WOULD BE EVEN MORE. YOU'RE OKAY. IT WOULD BE EVEN MORE IMPORTANT TO MAINTAIN THE PRESCRIBED SETBACK TO PROJECT TO PROTECT THE EXISTING RESIDENTS IN SUPPORT OF OUR OPPOSITION. WE HAVE ATTAINED EIGHT SIGNATURES FROM RESIDENTS LIVING WITHIN 200 FEET OF THIS PROJECT WHO ARE OPPOSED. AND OF THE 23 INDIVIDUAL ADDRESSES WE HAVE IDENTIFIED WITHIN THE 200 FOOT RANGE NINE ARE IN A GATED COMMUNITY, WHICH WE COULD NOT ACCESS. HENCE THE 200 FOOT OPPOSITION [01:20:01] SLIDE, WHICH ARE, THAT ONE SHOWS IT WOULD LOOK SIGNIFICANTLY DIFFERENT IF WE HAD BEEN ALLOWED ACCESS TO THAT GATED COMMUNITY. DIRECTLY BEHIND THE SUBJECT PROPERTY IS AN APARTMENT COMPLEX WHOSE OWNERS HAVE ALREADY REPRESENTED HERE TODAY THAT THEY'RE IN OPPOSITION OF THIS PROJECT. IN RESPONSE TO FLYERS, WHICH WE LEFT WITH RESIDENTS, I BELIEVE THE BOARD HAS ALSO RECEIVED 13 EMAILS IN OPPOSITION. WITH MORE TIME AND ACCESS TO THE GATED COMMUNITIES, I'M SURE WE WOULD HAVE EVEN MORE RESIDENTS IN OPPOSITION. ADDITIONALLY, WE ARE AWARE THAT THE CAROLINA STATES NEIGHBORHOOD ASSOCIATION IS ALSO IN OPPOSITION, ALTHOUGH NOT PERTINENT TO THE SPECIFIC VARIANTS BEING ADDRESSED TODAY. THERE ARE SEVERAL OTHER SERIOUS ISSUES THAT WOULD CAUSE OUR RESIDENTS TO OPPOSE THIS PROJECT. THE AQUIFER RECHARGE ZONE IS ONLY 2000 FEET TO THE LEFT OR TO THE WEST. IN THE LEON CREEK GREENWAY, THE DEVELOPERS HAVE STATED A GOAL TO PROVIDE SERVICE TO UNDERSERVED AREAS ON THEIR WEBSITE. THERE ARE TWO EXISTING GAS STATIONS WITHIN 1000 FEET TO THE EAST OF THIS CORNER. SO ONE MIGHT WONDER WHAT PURPOSE IS THIS GAS STATION GOING TO FULFILL? ACCORDING TO PHOTOS VIEWED ON THEIR OWN WEBSITE, THERE OTHER LOCATIONS DO OFFER A VALID SERVICE. THAT DOES NOT SEEM TO BE THE CASE IN THIS INSTANCE. BUT IN THIS PARTICULAR CASE, THERE IS AN EVEN LARGER ISSUE WITH THE DESIGN BECAUSE IT FAILS TO COMPLY WITH THE NEW U D C REGULATION THAT GAS STATION PUMPS AND TANKS BE A MINIMUM OF 100 FEET FROM THE BOUNDARY LINE OF ALL SURROUNDING RESIDENTIAL USES. GIVEN THE DIMENSIONS OF THE APPLICANT'S PROPERTY AND THE EXISTENCE OF RESIDENTIAL USES TO THE SOUTHWEST AND EAST, IT WILL BE DIFFICULT, IF NOT IMPOSSIBLE, FOR THE APPLICANT TO POSITION PUMPS AT THE REQUIRED DISTANCES FROM THE BOUNDARY. APPLICANT IS SEEKING A REZONING WITH SPECIAL USE TO CIRCUMVENT THESE RULES THAT WILL BE OPPOSED NOT ONLY BY THE HOMEOWNERS ASSOCIATION WITHIN THE COMMUNITY PLAN AREA, BUT ALSO THE ASSOCIATIONS ACROSS THE WHOLE OF SAN ANTONIO WHO SUCCESSFULLY ADVOCATED FOR THIS U D C REG REGULATION ON GAS STATIONS. ANOTHER IMPORTANT ISSUE IS THE INTERSECTION OF PRU ROAD AND HORN ITSELF. DURING OUR CANVASING OF THE 200 FOOT RESIDENCE, SEVERAL BROUGHT UP THE FACT THAT THERE ARE ACCIDENTS THERE ON A REGULAR BASIS. A GAS STATION CONVENIENCE STORE WILL CHANGE THAT ALREADY BUSINESS TRAFFIC, BUSY TRAFFIC IN THE AREA, AND HAVE A NEGATIVE IMPACT ON RESIDENTS. HAS A TRAFFIC IMPACT STEADY BEEN DONE TO DETERMINE THE EFFECT OF THIS PROJECT UNDER INTERSECTION IS ALREADY PERCEIVED AS DANGEROUS BY THOSE WHO USE IT AND LIVE IN THE AREA, WHILE THE ACTUAL ZONING FOR THIS PROPERTY IS C THREE. THE COMMUNITY PLAN CALLS FOR MEDIUM DENSITY RESIDENTIAL USE. THE AMO FARM SAID BABCOCK ROAD NEIGHBORHOOD ASSOCIATION AND THE CITY HAVE RELIED ON THIS COMMUNITY PLAN FOR WELL OVER A DECADE TO CONTROL THE ENCROACHMENT OF COMMERCIAL ENTERPRISES WITHIN OUR RESIDENTIAL AREAS. A PROJECT SUCH AS A GAS STATION SHOULD BE DEVELOPED ALONG ONE OF THE MAJOR ARTERIAL ROADS RATHER THAN WITHIN ONE OF OUR NEIGHBORHOODS. PER ROAD IS CLASSIFIED AS A MINOR SECRETARY ARTERIAL. HOWEVER, THE LARGER ISSUES OF FUTURE LAND USE AND THE 100 MINIMUM FOOT SETBACK ARE UNTIL THEY'RE DECIDED IT WOULD BE UNWISE TO GRANT ANY VARIANCE. IT WOULD EFFECTIVELY BE A BLANK CHECK AND AN UNKNOWN DESIGN FOR UNKNOWN USE. AND IN CLOSING, WE URGE YOU TO DENY THIS VARIANCE. THANK YOU. THANK YOU, SIR. THAT'S ALL, THAT'S ALL THE PUBLIC COMMENT. OKAY. UH, LET'S SEE IF YOU HAVE ANY QUESTIONS FROM THE BOARD. MANCHACA, MR. MANCHACA, I WANT TO CLARIFY THAT ISSUE THAT WAS BROUGHT UP BY ONE OF THE CALLS RIGHT NOW, THE RULE IS 150 FEET OF STORAGE CONTAINERS FROM A RESIDENTIAL PROPERTY LINE. IS THAT CORRECT? CORRECT. THAT ALSO INCLUDES MULTI-FAMILY, AND IT'S NOT 150, I'M SORRY, IT'S A HUNDRED FEET. AND IT DEPENDS ON THE CAPACITY. SO IF IT'S HAVING 50,000 GALLONS OR LESS OF TANK CAPACITY, IT'S A HUNDRED FEET. IF IT'S OVER THAT, THEN IT'S 200 FEET. SO WHAT IS THIS CAPACITY? WE DO NOT KNOW. WHAT IS THE CAPACITY? WE DON'T KNOW. I DON'T KNOW WHAT HIS, WHAT THE CAPACITY IS, BUT EITHER WAY, THE MINIMUM, THERE'S MINIMUM SETBACKS THAT WOULD BE REQUIRED. ANY OTHER QUESTIONS? MR. CHAIRMAN? YES, MR. ZUNIGA? I THINK, UH, THE RESPONDENT HAD MR. BROWNIE WERE GOING TO SPEAK. HE GAVE UP HIS TIME. I GAVE MY TIME. OKAY. THANK YOU. AND I'M, I'M READY TO KIND OF CLOSE THE PUBLIC PORTION AND MAKE, UH, AND HAVE A MOTION READ ON THIS CASE. I MEAN, THE APPLICANT HAD AN OPPORTUNITY TO PRESENT THEIR, UH, SUPPORT FOR THE MOTION AND THEY'RE NOT HERE. AND WE SAW SOME SUBSTANTIAL, IAN, I HAVE A QUESTION. YES, WE DON'T DO A MOTION. OKAY. SO, UH, WAS THIS, NOW, WAS THIS ONE OF THE, UH, 1965 ZONING CONVERSIONS? BECAUSE I NOTICED IT'S MULTIFAMILY ZONE C TWO. THEY'RE JUST INVOKING THEIR RIGHT TO DO MF 33. CORRECT. THIS IS A B TWO TO C TWO CONVERSION. THAT'S WHY THEY'RE ABLE TO DO MULTIFAMILY TO THE SOUTH. AND WHAT YEAR WAS IT BUILT? 2007. [01:25:01] THE, UM, REPRESENTATIVES FOR THE APARTMENT COMPLEX KNOW THE ANSWER TO THAT. THEY'RE SAYING IT WAS 2007. OKAY. ALL RIGHT. UM, THANK YOU. THANK YOU, MR. DORIAN. ANY OTHER QUESTIONS AT THIS CASE AT THIS TIME? IT CLOSES THE PUBLIC PORTION. I'D ASK A MEMBER OF THE BOARD TO MAKE A MOTION. ORIAN, UH, MS. CAPITAL'S GOING MAKE THE MOTION UNLESS DONALD, UNLESS YOU WANT TO, IT'S ALL RIGHT. OKAY. DONALD'S GOT THE FLOOR. OKAY. UH, REGARDING CASE NUMBER BO O EIGHT DASH 22 DASH 1 0 3 0 2 58, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A 15 FOOT VARIANCE FROM THE MINIMUM 30 FOOT REAR SETBACK TO ALLOW NO MORE THAN 300 SQUARE FEET OF A STRUCTURE TO BE 15 FEET FROM THE REAR PROPERTY LINE, PREDOMINANTLY SITUATED 210 FEET FROM HORN BOULEVARD, UH, SITUATED AT 6 6 9 OH PRU ROAD. APPLICANT BEING MORALES DESIGN GROUP, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS WE'VE DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY AND WELFARE FOR THE PUBLIC. THE VARIANCE FOR A LIMITED REAR SETBACK, UH, LIMITED TO 300 SQUARE FEET TO ALLOW A PORTION OF A STRUCTURE TO BE 15 FEET FROM THE REAR PROPERTY LINE AND DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST, AS IT WILL LEAVE SUFFICIENT SPACE BETWEEN THE MULTI-FAMILY DEVELOPMENT TO THE SOUTH TWO DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF, UH, OF THE ORDINANCE WILL RESULT IN THE APPLICANT HAVING TO MAINTAIN, UH, 30 FEET FROM THE REAR PROPERTY LINE REQUIREMENTS. STAFF FINDS AN UNNECESSARY HARDSHIP DUE TO CONFIGURATION ALL LOT TO ALLOW THE DEVELOPMENT OF THE STRUCTURE WITH THIS REQUIREMENT. THREE. BY GRANTING THE VARIANCE, THIS SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE STRUCTURE HAS NOT BEEN CONSTRUCTED AND THE PROPOSED LIMITED SETBACK IS 15 FEET FROM THE REAR PROPERTY LINE. THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS THERE STILL BE REASONABLE SPACE BETWEEN STRUCTURE AND THE ING PROPERTIES. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT HOLDING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF DOES NOT FIND EVIDENCE THAT THIS REQUESTED VARIANCE WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX. THE PLIGHT TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE IS SAW, IS DUE. THE UNIQUE CIRCUMSTANCES RESISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL OR NOT DUE TO, OR THE RESULTS OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. BECAUSE OF THE WIDTH AND SIZE OF THE LOT AND CONFIGURATION OF THE EXISTING PROPERTY, THE REQUEST IS NOT MERELY FINANCIAL AND A MOTION. SECOND, UH, SECOND. MRS. KAPLAN, ANY DISCUSSION ON THE, UH, ZUNIGA, MR. ZUNIGA, ANY DISCUSSION ON THE MOTION? SURE. UM, I, I'M, I'M ACTUALLY GONNA BE IN SUPPORT OF IT AS RED FOR A FEW REASONS. ONE, IT'S A TRIANGULAR SHAPED LOT. THEY CAN'T HAVE DRIVEWAYS WITHIN 125 FEET OF THE HARD CORNER BECAUSE PRU IS AN ART, IS AN ARTERIAL. AND, UM, UM, AND SO WHATEVER COMMERCIAL EN ENTITY GOES THERE, IT WILL MOST LIKELY BE, UH, ORIENTATED THE WAY SUBMITTED TO US WITH A SMALL PIECE OF ANY EVEN SMALL COMMERCIAL BUILDING WOULD MOST LIKELY BE LOCATED SLIGHTLY WITHIN THAT 30 FOOT STEPBACK. SO THAT DOESN'T, UH, UH, BOTHER ME. AND ALL THE OPPOSITION I'M HEARING IS RELATED TO THE FUEL STATION AND THE A HUNDRED FOOT REQUIREMENT, AND THAT'S A ZONING ISSUE. AND IT'S NOT A B O A ISSUE. SO, UM, I THINK THAT BY GRANTING THE SETBACK, EVEN IF THE ZONING FAILS AND IT HAS TO BECOME SOME OTHER SORT OF COMMERCIAL DEVELOPMENT, AT LEAST THEY'LL HAVE THE ABILITY TO, TO PUT SOME SORT OF A BUILDING THERE. THANK YOU. THANK YOU, MR. DORIAN. MR. ZUNIGA? YES. THE ZONING, IT'S ANOTHER MATTER. IT'S ANOTHER BOARD. AND, UH, I WILL BE VOTING. YES. THANK YOU. ANY OTHER, OH, LET'S THAT CLOSE TO THE PUBLIC PORTION AT THIS POINT. LET'S TAKE A ROLL CALL. VOTE CHAIR. ORIAN? UH, YES, MS. KAPLAN? UH, YOU MEAN MR. ZUNIGA? HE WAS THE SECOND. YEP. YES. CONCUR. YES. HUH? CONCUR. YES. I CONCUR. MR. ZUNIGA. HE CONCUR. I CONCUR WITH THE FINES OF FACT. MR. SPIELMAN. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MS. INGLES. I CONCUR. MR. MENCHACA. I DO NOT CONCUR. MS. CRUZ. I DO NOT CONCUR. MS. KAPLAN. I DO NOT CONCUR. MR. VASQUEZ. I DO NOT CONCUR. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA. I DO NOT CONCUR WITH, UH, SIX AGAINST AND FOUR IN FAVOR. THE VARIANCES NOT PASSED AT THIS TIME. WE'LL TAKE A, ABOUT A SEVEN MINUTE BREAK. AMANDA WILL BE JOINING THE BOARD AGAIN. THANK YOU. [01:30:04] THE TIME IS TWO 40. UH, BOARD OF ADJUST BACK IN IN SESSION. UH, BEGIN WITH THE NEXT CASE, PLEASE. GOOD AFTERNOON. AGENDA ITEM FOUR BO 8 22 1 0 3 0 0 2 6 4. ADDRESSES ARE 75 0 3 76 27 CASINO RUN, 1 4 9 0 6 1 4 9 1 5. CASINO NOLL 1 4 9 0 2 1 4 9 0 1 5. CASINO CREEK COUNCIL DISTRICT EIGHT, APPLICANT CCIO HOMES A REQUEST FOR ONE, A VARIANCE FROM THE MAXIMUM 50 FOOT IMPERVIOUS COVER REQUIREMENT TO ALLOW A FRONT YARD TO EXCEED THE 50 FOOT MAX IMPERVIOUS COVER TO EXCLUDE 75 23 CASINO RUN. TWO, A VARIANCE FROM THE FRONT ENTRY ORIENTED TO THE PRIMARY STREET TO ALLOW A SIDE DOOR AND THREE, A TWO FOOT SPECIAL EXEMPTION FROM THE SIX FOOT MAXIMUM HEIGHT TO ALLOW A EIGHT FOOT SOLID FENCE ALONG THE REAR OF THE PROPERTY LINE. THE ZONING IS MF 18 LIMITED DENSITY CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED ON CASINO RUN WEST OF THE UNIVERSITY OF TEXAS AT SAN ANTONIO. THE LOTS ARE VACANT AND THE APPLICANT PLANS TO BUILD 32 DUPLEXES. THE IMPERVIOUS COVER WOULD EXCEED THE MAXIMUM 50 FOOT IMPER, 50% IMPERVIOUS COVER REQUIREMENT IN THE FRONT YARD. THE LOTS HAVE A 50 FOOT STREET FRONTAGE, AND THE MAXIMUM WIDTH OF THE DRIVEWAY IS 10 FEET. DUPLEX REQUIRES A MINIMUM OF TWO PARKING SPACES. THE SITE PLAN INDICATES FOUR TOTAL PARKING SPACES BASED ON DESIGN AND CONFIGURATION OF THE LOTS. THE FRONT ENTRY DOORS ARE REQUIRED TO BE ORATED ON A PRIMARY STREET, HOWEVER, THE DOORS WILL BE ORATED ON THE SIDE. ADDITIONALLY, A SPECIAL EXCEPTION IS REQUIRED FOR AN EIGHT FOOT FENCE ON THE REAR OF THE PROPERTY. AND THIS IS THE SITE PLAN OF ALL THE PROPERTIES, THE SUBJECT PROPERTIES, AND THE SURROUNDING AREAS. RECOMMENDATION, IMPERVIOUS COVER AND FRONT DOOR ENTRY VARIANCES. STAFF RECOMMENDS THAT DENIAL AND BAIL O 8 22 1 0 3 0 0 2 6 2 BASED ON THE FOLLOWING FINDINGS OF FACT, THERE'S ENOUGH ROOM FOR THE MINIMUM REQUIRED PARKING SPACES AND, AND MEET THE REQUIRED 50% IMP OUS COVER REQUIREMENT. AND THE VARIOUS, VARIOUS WOULD RESULT IN EXCESS RUNOFF TO THE ADJACENT LOTS. FRONT DOOR ENTRY STAFF RECOMMENDS APPROVAL AND B O 8 22 1 0 3 0 0 2 64 BASED ON THE FOLLOWING FINDINGS OF FACT, BASED ON THE DESIGN AND CONFIGURATION OF THE LOTS, THE FRONT ENTRY DOORS WILL BE ORIENTED ON THE SIDE. AND THE VARIANCE REQUEST DID NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT RECOMMENDATION AND FINITE SPEC FENCE. SPECIAL EXCEPTION STAFF RECOMMENDS APPROVAL IN 1 0 3 0 0 2 6 4 BASED ON THE FOLLOWING FINDINGS OF FACT, THE FINITE WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT AND ADJACENT PROPERTIES. NOTIFICATION PLAN, 47 NOTICES WERE MAILED. ZERO IN FAVOR, ZERO IN OPPOSITION, AND CEDAR POINT NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. MANA. THANK YOU. UH, MR. MANNA. SO QUESTION FOR STAFF. SO I BELIEVE, DID WE NOT HEAR, UM, UM, A CASE, UH, WITHIN THIS, UH, PREVIOUSLY WITHIN THIS NEIGHBORHOOD? YES, SIR. WE DID, UH, LAST MONTH, BUT THEY CAME BACK AND WANTED TO DO ALL THE LOTS. AND DO YOU RECALL HOW IT IS THAT WE VOTED IN THE PREVIOUS ONE BECAUSE IT HAD THE SIMILAR, SIMILAR REQUIREMENTS, CORRECT? CORRECT. YES. IT WAS, IT WAS KIND OF ONE OR TWOSIES, RIGHT? RIGHT. RIGHT. YES, SIR. DECIDED TO COME BACK AND DO THE ENTIRE SUBDIVISION. CORRECT. AND DO YOU REMEMBER HOW WE VOTED PREVIOUS TIME? IT WAS, WE'RE GONNA BRING IT THAT UP RIGHT NOW FOR, OKAY. THANK THAT WAS THE ONLY QUESTION. IT WAS APPROVED. I, I DON'T HAVE THE EXACT, UH, NUMBERS. I CAN LOOK THAT UP THOUGH. I RECALL IT WAS APPROVED BY THANK YOU OR ORIAN. YEAH, THE, THE STAFF STAFF REPORT IS SAYING IT'S 30, IT'S SECTION 35 5 15 D THAT DESCRIBES A 50% IMPERVIOUS COVER LIMIT, BUT THAT'S NOT IN THAT SECTION OF THE U D C STAFF. TELL ME WHERE THAT IS. IS THAT A, I MEAN, IS THAT ASSOCIATED WITH THE, WITH THE ZONING CHANGE? 'CAUSE IT'S OVER THE AQUIFER OR BECAUSE IT'S CATEGORY TWO OR SOMETHING? OR WHERE WHERE IS THIS COMING FROM? ONE SECOND. THE IMPERVIOUS COVER IS ON FIVE 15 D IT SHOULD BE, UH, YEAH, FIVE 15 D IS ABOUT DRIVEWAYS. RIGHT. THERE'S A CHART. UH, GIMME ONE SECOND. YEAH, I'M, I'M, OKAY. I SEE. I SEE WHAT YOU'RE TALKING, YEAH. TABLE FIVE 15. YEAH, I GOT IT. THANK YOU. I UNDERSTAND. THANK YOU. ALL RIGHT. AT THIS TIME I'D ASK THE APPLICANT TO PLEASE COME FORWARD. HELLO, SIR. WELCOME BACK. OH, THANK YOU. YOU WANNA PICK THE MICROPHONE UP A LITTLE BIT AND [01:35:01] GIVE US YOUR NAME AND YEAH, MY NAME IS ROB SLU. I'M CONSULTING FOR SENSE HOMES. UH, AS YOU GUYS RECALL, I WAS HERE LAST MONTH. UH, WAS 7 5 2 3 CASINO RUN. WE TALKED ABOUT. IT WAS FOR THE SAME THREE ISSUES. UH, WELL, ACTUALLY THE, UH, EIGHT FOOT FENCE WAS ADDED AFTER DISCUSSION WITH YOU GUYS. 'CAUSE YOU POINTED THAT OUT, THAT WE NEEDED A VARIANCE ON THAT. SO WE WENT AHEAD AND WE CAME BACK WITH ALL THE LOTS, UH, REQUESTING THE SAME THING, WHICH IS THE VARIANCE ON THE 50%, THE SIDE DOOR ENTRY. AND THEN FOR THE ONES THAT ARE BUTTONED UP TO THE NEIGHBORHOOD ASSOCIATION, THE ABILITY TO PUT AN EIGHT FOOT FENCE. AND THAT CAME OUT OF A DECLARATION OF RESTRICTIONS FROM THE H O A THAT THEY REQUIRED THAT IF IT WAS GONNA BE HIGH DENSITY MULTIFAMILY. SO WE'RE STILL GOING TO REACH OUT TO THE H O A, MAKE SURE THEY'RE COMFORTABLE WITH THE EIGHT FOOT FENCE. WITH IT BEING DUPLEXES, I DON'T THINK IS AS MUCH OF A CONCERN AS IT WAS WHEN THEY ORIGINALLY, UH, SENT THE RESTRICTIONS. BUT BEING GOOD NEIGHBORS, IF THEY WANT THE EIGHT FOOT FENCE, WE'RE GONNA PUT IT IN THERE. UM, AND THEN OVERALL, FOR THE 50% ON THE U D C, UH, IF YOU WANT TO WEIGH AND YOU WANTED TO PUT JUST A ONE CAR DRIVEWAY IN THERE, THESE ARE TWO CAR DRIVEWAY, UH, TWO CAR GARAGES WITH THE ONE CAR DRIVEWAY. SO IT, IT WOULD BE HARD AND PEOPLE WOULD BE PARKING ON THE STREETS. UM, THIS IS M F 18. UH, JUST AS A REMINDER, UH, AS IT WAS PLATTED, I WASN'T INVOLVED WHEN IT WAS PLOTTED, BUT IT WAS PLATTED AS SINGLE LOT. SO AN M F 18, YOU COULD PLOT IT AS A SINGLE LOT AND YOU WOULDN'T HAVE TO FOLLOW ALL THESE, UH, VARIANCES SIMILAR TO THE FARMHOUSE COMMUNITY BY A H B COMMUNITIES DOWN THE STREET. SO, UH, THAT IS PRETTY WELL A SUMMARY OF WHAT WE'RE REQUESTING HERE. THANK YOU, SIR. LET'S SEE IF ANY QUESTIONS FOR YOU. KAPLAN, MS. KAPLAN, UH, SO REMIND ME AGAIN, ARE THESE RENTALS OR ARE THESE SALE FOR SALE? THESE ARE, I BELIEVE THEY'RE GONNA BE FOR RENT. OH, FOR RENT? YES. I SEE. YEAH. BUT IT'S STILL UP TO THE CAPITAL PARTNER TO REALLY DECIDE AT THE END OF WHAT THEY'RE GONNA DO. OH, IF IT'S FOR RENT, THEN WHY ARE THEY SUBDIVIDING? WHY, UH, IT, THAT'S WHERE, WHICH, SO THESE ARE FINISHED LOTS THAT WERE DONE ORIGINALLY BY THEM. AND THEN WHEN COVID HIT THE, THEY STOPPED AND DECIDED NOT TO MOVE FORWARD WITH THE DEVELOPMENT. MM-HMM. , THE CAPITAL PARTNER STILL HAD THE ASSET, BUT THE PERSON, UH, THE DEVELOPER WHO WAS ORIGINALLY GONNA DEVELOP THE LOTS DIDN'T MOVE FORWARD. SO I DON'T, I'M NOT PER, I, I DON'T KNOW WHAT EXACTLY THE INTENTION WAS PRIOR TO THE, WHEN I GOT INVOLVED. SO REMIND ME AGAIN, 'CAUSE I WAS HERE LAST MONTH. UM, OH, THERE IS A BACKYARD, RIGHT? THERE IS A BACKYARD. YES. IT'S NOT THE, IT'S ONLY 50% OF THE FRONT YARD, BUT THERE IS A BACKYARD THAT IS GREEN. YEAH, THERE'S A BACKYARD THAT'S OPEN AND PLUS YOU HAVE, UH, RIGHT THERE WHERE THERE'S USE A POINT. DO YOU WANNA USE A POINTER, PLEASE? YEAH. IT'S REAL HARD TO READ THIS. WHAT'S THAT? OKAY, RIGHT HERE THERE'S A TREE SAFE AREA, SO THAT'S ALL OPEN. AND HERE IT'S A, A DETENTION POND. SO YOU HAVE ALL OPEN SPACE HERE, PLUS YOU DO HAVE BACKYARDS, WHICH ARE ABOUT 12 FEET DEEP FOR THE BACKYARDS. THANK YOU. THANK YOU. YOU BETCHA. STAFF DO WE, HOW MANY DO WE HAVE ON THE BOARD RIGHT NOW? I SEE. DO WE LOSE A BOARD MEMBER? UH, WE HAVE, UH, 10, UH, COMMISSIONER INGLES DROPPED OFF. OKAY. IS SHE GONNA BE OFF FOR THE REST OF THE MEETING OR? CORRECT. OKAY. SO WE HAVE 10. OKAY. THANK YOU. ANY QUESTIONS FOR THE APPLICANT? CRUZ ORIAN, UH, MS. CRUZ, AND THEN MR. ORIAN. UM, OKAY. SO ABOUT HOW MANY UNITS ARE WE TALKING ABOUT THAT WOULD BE, UH, CONSTRUCTED ON THIS PROPERTY? THERE'S A TOTAL OF 32 LOTS, AND IT'S ABOUT 61 UNITS. MOST OF THEM ARE DUPLEXES, BUT THERE'S A COUPLE LOTS WHERE IT MIGHT JUST BE A SINGLE FAMILY HOME. OKAY. AND, OKAY. I DO WANNA MAKE SURE. THANK YOU. THANKS MR. CRUZ. MR. ORIAN? YES. UH, YOU HAD MENTIONED THAT THERE WAS A DETENTION POND AND THERE'S ALSO, I GUESS A FILTRATION BASIN ASSOCIATED WITH THIS, UH, CORRECT. AT THE ENTRY OF THE COMMUNITY AND IT'S ALREADY BUILT. AND DO YOU HAPPEN, AND DO YOU KNOW IF THE, THE DETENTION POND WAS SIZE FOR THE EXCESS AT YOUR, ABOUT THE 50% INCREASE? I'M SURE IT WAS, BUT I'M JUST CURIOUS MY UNDERSTANDING. YES. OKAY. THANK YOU. COULD YOU REPEAT THAT? SO THE SIZING OF THE, UH, DETENTION POND? YEAH. SO THE, THE PREMISE OF THE QUESTION WAS, IS THAT STAFF WAS OPPOSED TO THE 50% INCREASE, BUT IF BEING OVER THE AQUIFER AND IT HAS DETENTION, SO YOU HAVE TO, THEY'RE DETAINING THE WATER TO A, TO ADDRESS AND MITIGATE THAT INCREASE IN IMPERVIOUS COVER ASSOCIATED WITH THIS DEVELOPMENT, WHICH SHOULD INCLUDE THAT 50% INCREASE. AND THEN THEY'RE ALSO FILTERING THE WATER 'CAUSE IT'S OVER THE AQUIFER. SO SINCE THEY'RE GOING TO THOSE STEPS, WHICH ARE REQUIRED ANYWAY MM-HMM. , IT'S JUST SOMETHING I WANTED TO PUT OUT THERE, WHICH WOULD'VE SERVED THE PURPOSE OF THE 50% IMPERVIOUS COVER. YES. YES. IT WOULD HAVE TO BRING, UH, DISCHARGE OF STORMWATER RUNNER OFF DOWN TO EXISTING CONDITIONS. GOTCHA. OKAY. THANK YOU. THANK YOU, SIR. ANY OTHER QUESTIONS FOR THE APPLICANT? OKAY. THANK YOU SIR. THANK YOU. DO WE HAVE ANY, UH, PUBLIC OPINION OR PUBLIC COMMENTS OR VOICEMAILS? [01:40:01] UH, NO PUBLIC COMMENTS. AND JUST TO ANSWER YOUR PREVIOUS QUESTION, THE PREVIOUS ONE WAS APPROVED 10 TO ZERO. 10 ZERO. OKAY. SO, SO THIS, THESE SPECIFIC, UM, VARIANCES WERE BROUGHT BEFORE THE BOARD BEFORE PAST 10 ZERO. WE ASKED THEM TO COME FORWARD TO BRING THE ENTIRE DEVELOPMENT FOR THESE SAME MOTIONS. AND THAT'S WHAT WE'RE SEEING TODAY. ALRIGHT. HERE, WE'RE READY TO MAKE A MOTION. YEAH. SO WE'RE READY TO MAKE A MOTION KAPLAN, MS. KAPLAN. OKAY. UH, REGARDING CASE NUMBER BO A DASH 22 DASH 3 2 64, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR ONE, A VARIANCE FROM THE MINIMUM 50% IMPERVIOUS COVER REQUIREMENT TO ALLOW THE FRONT YARD TO EXCEED THE MAXIMUM 50% IMPERVIOUS COVER TO EXCLUDE 7 5 2 3 CASINO RUN. AND TWO, A VARIANCE FROM THE FRONT ENTRY ORIENTED TO THE PRIMARY STREET TO ALLOW A SIDE DOOR SITUATED AT 7 5 0 3 DASH 7 6 2 7 CASINO RUN, 1 4 9 0 6 DASH 1 4 915 CASINO KNOLL 1 4 9 0 2 DASH 4 915 GREEN, APPLICANT BEING CIO HOMES. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS GENERAL HEALTH, SAFETY AND WELFARE PUBLIC. THE APPLICANT IS REQUESTING A VARIANCE FOR IMPERVIOUS COVERAGE TO EXCEED THE 50% MINIMUM. THE REGULATIONS ARE PROVIDED TO PREVENT FRONT YARDS FROM BEING COVERED BY IMPERVIOUS SURFACES, WHICH CAN DIMINISH THE CHARACTER OF THE COMMUNITY. THE DEVELOPMENT WILL BOLSTER THE HOUSING, APPLY OR SUPPLY, AND WILL PROVIDE VALUE TO THE COMMUNITY. THE REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST DUE TO SPECIAL CONDITIONS. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT NEEDING TO EITHER RECONFIGURE THE FLOOR PLAN AND BUILD SMALLER UNITS OR ELIMINATE THE DRIVEWAYS. AS THE LOT SIZE IS RELATIVELY SMALL FOR DUPLEX, THIS WOULD RESULT IN UNNECESSARY HARDSHIP. 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 THE EXACT LETTER OF THE LAW. IMPERVIOUS COVERAGE REQUIREMENTS ARE INTENDED TO PROVIDE A SAFE ENVIRONMENT FOR THE MITIGATION OF WATER FLOODING DURING HEAVY RAIN EVENTS. EXCEEDING THE 50% IMPERVIOUS COVERAGE REQUIREMENT APPEARS TO OBSERVE THE SPIRIT OF THE ORDINANCE AS THERE IS NO OTHER WAY TO BUILD THE HOMES WITH PARKING ON THE SMALL LOT. 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 WITHIN THIS VARIANCE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE IMPERVIOUS COVERAGE ON THE SUBJECT PROPERTY DOES NOT POSE A THREAT TO ADJACENT PROPERTIES, AS ALL THE PROPERTIES ARE UNDEVELOPED AND WILL REQUIRE A SIMILAR VARIANCE. SINCE THEY HAVE SIMILAR LOT SIZES AND ZONING, IT WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES 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 FOUND THAT THE LOT SIZE IS TOO SMALL TO REALISTICALLY CONFORM TO THE IMPERVIOUS COVERAGE REQUIREMENTS. UM, THERE'S NOTHING ABOUT THE GA FENCE IN HERE. THAT'S A SEPARATE SPECIAL EXEMPTION. SEPARATE MOTION. GOT IT. OKAY. SPECIAL EXCEPTION. END. END OF MOTION. SECOND. THANK YOU MS. KAPLAN AND SECOND BY MS. BREGMAN. UH, MS. KAPLAN, WOULD YOU LIKE TO PROVIDE SOME YEAH, UH, YEAH, I'M BE IN FAVOR, COST OF THE RETENTION BASIN IN TERMS OF THE 50% COVERAGE, OBVIOUSLY THAT'S FOR WATER RUNOFF. AND SINCE, UH, THERE IS A, UM, RETENTION BASIN DOWN THE BLOCK, UH, AND WE'VE ALREADY TALKED ABOUT THIS LAST WEEK. I WILL BE FOR THIS. THANK YOU MS. BRAGMAN. I CONCUR WITH MY COLLEAGUE. ALRIGHT, LET'S, UH, TAKE A ROLL CALL. VOTE MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MS. RAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. MANCHACA. I CONCUR. MS. CRUZ I CONCUR. MR. ZUNIGA. I CONCUR. MR. MANA. I CONCUR WITH THE FINDINGS OF FACT. MR. VASQUEZ. YES, I CONCUR. MR. OZUNA? YES. YES. I CONCUR. WELL, THE UNANIMOUS VOTE, UH, THE VOTE. ORIAN CRUZ. OH YEAH. MS. WE DO MISS MS. CRUZ. DID YOU, DID WE INCLUDE MS. CRUZ? OKAY. CHAIR ORIAN AS WELL. I ALSO CONCUR THE FINDINGS OF FACT. GOTCHA. THE UNANIMOUS, UH, UNANIMOUS VOTE. THE VARIANCE DOES PASS. UM, NEXT IS THE, UH, OKAY, THE SPECIAL EXCEPTION ON THE FENCE REGARDING CASE NUMBER BOA DASH 22 DASH OH 3 2 4. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR A TWO FOOT SPECIAL EXCEPTION FROM THE SIX FOOT MAXIMUM HIGH TO ALLOW AN EIGHT SOLID [01:45:01] FENCE ALONG THE REAR OF THE PROPERTY, SITUATED AT 7 5 0 3 DASH 7 6 2 7. CASINO RUN, 1 4 9 0 6 DASH 4 915. CASINO KNOLL 1 4 9 0 2 DASH 1 4 915. CASINO GREEN. APPLICANT BEING SENTS SENDS NO, ISN'T IT? UH, CINIO HOMES I THINK SENT YEAH. SENDS HOMES BECAUSE THE PROPERTY, 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 A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE U D C STATES, THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR OFFENSE SITE MODIFICATION. THE FENCE SITE BEING REQUESTED IS A SOLID FENCE LOCATED ALONG THE REAR PROPERTY LINE AND DOES NOT EXCEED EIGHT FEET IN HEIGHT. IF GRANTED, THE STAFF, STAFF FINDS THE REQUEST TO BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE. B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THESE CRITERIA ARE REPRESENTED BY FENCE SITES TO PROTECT PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY. THE PROPOSED FENCE BEING REQUESTED WILL BE LOCATED ALONG THE REAR PROPERTY LINE AND WILL EXCEED THE MAXIMUM HEIGHT REQUIREMENT. THE SOLID FENCE WILL STILL SERVE THE PUBLIC WELFARE AND CONVENIENCE. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PRO, UH, PROPOSED USE. THE FENCE WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT AND ADJACENT PROPERTIES. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE FENCE SITE IN THE REAR YARD OF THE SUBJECT PROPERTY DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE AND ESTABLISHED FOR THE SPECIFIC DISTRICT. THE SPECIAL REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. END OF MOTION. DO YOU HAVE A SECOND? SECOND, SECOND. MS. BRAGMAN, ANY DISCUSSION? ALRIGHT, LET'S, UH, 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 WITH THE FINDINGS OF FACT. MR. MENCHACA. I CONCUR. MS. CRUZ I CONCUR. MR. ZUNIGA. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. VASQUEZ. I CONCUR. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. AGAIN WITH UNANIMOUS 10 FAVOR ZERO AGAINST THE, UH, SPECIAL EXCEPTION PASSES FOR THE FENCE. GOOD LUCK WITH THE PROJECT. THANK YOU. NEXT CASE, BO O A DASH TWO THREE DASH 1 0 3 0 0 0 0 9. ADDRESS BEING 1 1 3 1 MC SRE IN CITY COUNCIL DISTRICT ONE APPLICANT IS DANIEL MARIN. A REQUEST FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE WITH A 10 INCH OVERHANG TO BE ONE INCH FROM THE SIDE PROPERTY LINE. AND THE CURRENT ZONING IS R FOUR. THE SUBJECT PROPERTIES LOCATED ALONG MIGUEL VEIN STREET NORTH OF WEST BR AVENUE. THE APPLICANT WAS IN THE PROCESS OF CONSTRUCTING AN ATTACHED STRUCTURE IN THE SIDE YARD, BUT WAS HALTED BY CODE ENFORCEMENT WITHOUT PULLING BUILDING PERMITS IN THE APPLICANT. IN, IN THE PERMITTING, IN THE PERMITTING PROCESS, IT WAS NOTIFIED THAT THE APPLICANT WOULD NEED TO OBTAIN A VARIANCE FOR THE SIDE SETBACK. THE STRUCTURE IS ANTICIPATED TO BE ONE INCH FROM THE SIDE PROPERTY LINE WITH OVERHANG INCLUDED UPON SITE VISIT. STAFF OBSERVED THE STRUCTURE HAVING MORE THAN FIVE, MORE THAN A FIVE FOOT SIDE SETBACK. HOWEVER, WERE INFORMED THAT THE CURRENT FENCE INDICATING THE PROPERTY LINE WAS NOT ACCURATE ACCURATELY REFLECTING WHERE THE REAL PROPERTY LINE WAS. THE CURRENT LOCATION OF THE ABUTTING LOTS FENCE IS FOUR FOOT 11 INCHES INSIDE THEIR PROPERTY LINE. AND THIS IS THE SITE PLAN AND THIS IS THE SUBJECT PROPERTY. AND THEN THIS IS A, UH, PICTURE OF THE SIDE SETBACK AND THEN THE 10 INCH OVERHANG AND THE SURROUNDING AREAS. STAFF RECOMMENDATION FOR THE SIDE SETBACK VARIANCE STAFF RECOMMENDS DENIAL WITH AN ALTERNATE RECOMMENDATION FOR A TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE THREE FEET FROM THE SIDE PROPERTY LINE IN BO O A DASH 23 DASH 0 3 0 0 0 0 9 BASED ON THE FOLLOWING. ONE, THE STRUCTURE IS CURRENTLY ONE INCH FROM THE SIDE PROPERTY LINE AND TWO, THE STRUCTURE SHALL BE RELOCATED THREE FEET FROM THE SIDE PROPERTY LINE TO OBSERVE THE SPUR OF THE ORDINANCE AS THIS WILL PROVIDE MORE SUFFICIENT ROOM FOR ROUTINE MAINTENANCE AND STORM WATER RUNOFF. AND THIS IS THE NOTIFICATION PLAN. STAFF MAIL 26 NOTICES. UM, ZERO IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM THE CENTRAL NEIGHBORHOOD ASSOCIATION. UM, THIS CONCLUDES STAFF'S PRESENTATION. THE APPLICANT IS PRESENT. I I HAVE A QUICK QUESTION. YES. WHEN, WHEN Y'ALL OBSERVED OR WHEN THE CITY, UH, CODE [01:50:01] ENFORCEMENT OBSERVED THE PROPERTY THAT WAS BUILT WITHOUT PERMITS, THAT THEY OBSERVE ANY ELECTRICAL OR WATER OR PLUMBING OR ANY OF THE UTILITY SERVICES WITHIN THE STRUCTURE THAT WAS BUILT WITHOUT A PERMIT. THE ONLY CODE ENFORCEMENT HISTORY IS JUST FOR BUILDING WITHOUT A PERMIT ON FILE. THANK YOU. UH, THIS TIME ASK THE APPLICANT TO PLEASE COME FORWARD. GOOD AFTERNOON. GOOD AFTERNOON. GOOD AFTERNOON. UH, FIRST OF I HAD TO SAY, CAN YOU, CAN YOU PUT THE MICROPHONE SO WE COULD HEAR YOU AND, UH, STATE YOUR NAME PLEASE? UH, MY NAME IS DANIEL MAR. I'M THE OWNER OF 1131 MCBAIN. I'D LIKE TO THANK THE BOARD FOR ALLOWING ME A OPPORTUNITY TO PLEAD MY CASE. SO THE REASON FOR TODAY, UH, IS, UH, IGNORANCE ON MY PART. UM, WE WENT BASED OFF OF THE EXISTING CHAIN LINK FENCE WHEN WE, UM, STARTED TO PULL THE PERMITS AND, UM, UH, UPON, UH, US, UH, THE, UH, ME, UH, HIRING A NEW UM, CONTRACTOR, THEY PULLED THE, UH, UH, SURVEY AND WE FOUND OUT THAT, UM, THE CHAIN LINK FENCE WAS NOT ACTUAL PROPERTY LINE. SO THAT'S WHY WE CAME. AND, UH, WE WERE ASKING FOR THAT VARIANCE CHANGE. THANK YOU, SIR. LET'S SEE IF THERE'S ANY, UH, QUESTIONS FOR THE BOARD. SO I NOTICED THAT THERE'S NO GUTTERS, ORIAN, UH, IS THAT ORIAN? YEAH, I'M, I'M TRYING TO GET A GRIP ON WHAT EXACTLY THIS IS, THIS ADDITION, IS IT IN LINE WITH THE EXISTING HOME? NO. SO THE QUESTION IS, IS IS THERE AN EXISTING STRUCTURE THAT YOU'RE LINING UP THE NEW CONSTRUCTION WITH? UH, YEAH. THE, THE BROWN PART IS THE EXISTING HOME, BUT THE NEW CONSTRUCTION, THERE'S NOTHING BEHIND IT THAT LINES UP? NO. SO YOU BUILT EVERYTHING TO THE SIDE? YES, SIR. OKAY. OKAY. SO THAT'S WHAT I WAS TRYING TO FIND IS THE PICTURE ON, ON GOOGLE EARTH SHOWS THAT IT LOOKS LIKE YOU'RE JUST PUTTING A ROOM IN FRONT OF YOUR HOME. AND I CAN'T TELL WHERE THE ALIGNMENT OF YOUR EXISTING HOME IS IN RELATION TO THE ADDITION. IS YOUR EXISTING HOME WITHIN THE, THE FIVE FOOT SIDE SETBACK? UM, WE WENT SIX FEET OVER. UH, WE STRETCHED AT SIX FEET. IT USED TO BE SIX FEET INSIDE. SO YOU HAD SIX FEET OF SETBACK AND NOW YOU'RE GONNA, YOU'RE DOWN TO AN INCH. YES, SIR. OKAY. THAT'S WHAT I WAS TRYING TO FIND OUT. THANK YOU. SO THE WIDTH OF THE NEW CONSTRUCT, THE NEW BUILDING IS SIX FEET? YES, SIR. OKAY. THAT'S SIX FEET. UH, CRUZ, MS. CRUZ, UH, SO THE NEW BUILDING ATTACHED TO THE HOME IS STILL, IS STILL ATTACHED TO THE HOME, BUT IT'S FURTHER UP. IS THAT CORRECT? YES, MA'AM. WE WENT EIGHT FEET OUT AND SIX, SIX FEET OUT, EIGHT FEET FORWARD AND SIX FEET OUT. OKAY. SO SINCE THERE'S NO OBJECTION AND I'M DOUBLE CHECKING, DID YOU TALK TO YOUR NEIGHBORS ABOUT THIS? YES, MA'AM. NO. WHEN YOU STARTED THE CONSTRUCTION AND THEY DIDN'T SEE A PROBLEM WITH IT, NO PROBLEM AT ALL. UH, WELL, I'M ACTUALLY, UH, CONSIDERING GUTTERS ON ALL, ALL AROUND THE HOME, JUST FOR THAT TO, TO ADD TO IT. YES. YES, MA'AM. OKAY. THAT, THAT ANSWERS A LOT OF QUESTIONS. THANK YOU. THANK YOU. ANY OTHER QUESTIONS? HOW LONG HAS THAT FENCE BEEN? UH, THAT, UH, WELL I'VE, I'VE BEEN THERE MY WHOLE LIFE 30 YEARS. AND SO IT'S BEEN THERE LONGER THAN ME. LONGER THAN I'VE BEEN ALIVE. MANNA, MR. MANNA. SO, SO I'M LOOKING AT THE STRUCTURE AND SO ON GOOGLE EARTH, I'M LOOKING INSIDE AND IT LOOKS LIKE, SO I'M TRYING TO UNDERSTAND WHAT IS THAT? YOU, YOU DID, SO YOU HAD THE ORIGINAL STRUCTURE THERE, AND THEN IT LOOKS LIKE YOU WRAPPED AROUND YOUR ORIGINAL STRUCTURE, THE NEW COMPONENT. UM, AND YOU, YOU EXTENDED FROM THE SIDE OF THE ORIGINAL STRUCTURE? YES, SIR. ALL THE WAY. HOW FAR, HOW FAR OVER? ALL THE WAY BACK? YEAH. BUT, UH, UH, TO, TO THE PROPERTY LINE SIX, UH, WE WENT SIX FEET TOWARDS THE, THE, THE CHAIN LINK, THE EXISTING CHAIN LINK FENCE SIX FEET FROM, UH, TO THE CHAIN LINK FENCE. YES, SIR. SO, AND, AND IF I LOOK ON THE, THROUGH THE WINDOW ON GOOGLE EARTH, I CAN SEE YOUR HOUSE STILL? YES, SIR. SO, SO, SO, SO THAT PART HASN'T BEEN ENCLOSED YET? OR THAT PART HASN'T BEEN COMPLETED? OR, OR IS IT, I, I GUESS WHERE ARE YOU IN YOUR CONSTRUCTION? UM, YEAH, UH, WELL WE, WE PICKED UP THE HOUSE ALREADY, LIKE THE HOUSE UP THE, THE, THE, THE, THE STRUCTURE'S UP. SO I WOULD, UH, UH, THAT'S, THAT'S MY HOME. I'VE BEEN, YOU KNOW, I'VE BEEN HOMELESS SINCE, BUT, YOU KNOW, IT WAS, YOU KNOW, UM, IGNORANCE IS NOT AN EXCUSE. SO, BUT I'M JUST TRYING TO DO IT RIGHT THIS TIME AROUND, YOU KNOW? SO, SO, SO THE STRUCTURE IS WATERTIGHT AND THE ROOMS ARE COMPLETE ON THE INSIDE. YES, SIR. AND SO THERE ARE, SO THE ORIGINAL HOUSE WALLS ARE, HAVE BEEN REMOVED, AND YOU HAVE THE NEW STRUCTURE THERE IN PLACE? YES, SIR. OKAY. THANK YOU. THANK YOU. THANK YOU. MR. DOHAN OR MANNA? UH, ANY OTHER QUESTIONS? MANNA, [01:55:01] SIR? MR. MANNA? YEAH, SO ONE OF THE, ONE OF THE THINGS, UM, THAT WE REGULARLY ASK IS, UM, IF AN APPLICANT, UM, IS, IS CLOSE TO A NEIGHBORING PROPERTY, IS THAT THEY AMEND THEIR APPLICATION OR ASK THEM IF THEY WOULD LIKE TO AMEND THEIR APPLICATION, UH, TO SAY THAT THEY'RE GONNA INCLUDE GUTTERS AND SO AND SO, SO, UM, SO, SO YOU WOULD NEED TO ACTUALLY MAKE THAT A FORMAL POSITION IF YOU, IF YOU'D LIKE. AND SO IT MAY HELP SOME OF THE BOARD MEMBERS HERE MAKE THIS. I I AM GOING TO ADD, UH, GUTTERS. YES, SIR. BUT I HAVE A QUESTION, BUT IT'S ONLY ONE INCH FROM THE PROPERTY LINE. HOW CAN THE GUTTERS, THEY WOULD THEN EXTEND INTO THE NEIGHBOR'S PROPERTY? UH, SO, SO, WELL THERE'S TWO THINGS GOING ON THEN, RIGHT? AND SO ONE IS THAT IT'S GOING TO INCLUDE GUTTERS. AND TWO IS THAT, UM, YOU KNOW, IF WE STAY, IT'S GONNA BE ONE INCH, THEN THE ONE INCH WOULD HAVE TO INCLUDE GUTTERS AS WELL. SO THE SECOND PART OF THAT QUESTION, YOU UNDERSTAND WHAT WAS BEING SAID. SO YOU CANNOT, IT'S, UH, WE CANNOT PASS, UM, WE CANNOT MAKE IT A RULING THAT ALLOWS YOU TO, UM, GO OVER THE BOUNDARY, UH, OF THAT PROPERTY LINE. YES, SIR. SO, SO, UM, SO RIGHT NOW, IF YOU'RE COMMITTING THE GUTTERS, THAT WOULD IMPLY THAT YOU WOULD LIKELY HAVE TO REMOVE PART OF YOUR ROOF LINE TO ALLOW FOR PUTTING IN GUTTERS. DOES THAT MAKE SENSE WHAT I JUST SAID? YES, SIR. I, I'D BE WILLING TO DO THAT. OKAY, FAIR ENOUGH. ANY OTHER QUESTIONS? WITH NO OTHER QUESTIONS? DO WE HAVE ANYBODY SIGNED UP FOR PUBLIC, UH, COMMENT? NO PUBLIC COMMENT. OKAY. WOULD YOU LIKE TO ADD ANY, ANY FINAL REMARKS BEFORE WE CLOSE THE PUBLIC PORTION? UM, NO SIR. THANK YOU. THANK YOU SIR. ALRIGHT, AT THIS POINT I'D LIKE TO ASK A BOARD MEMBER TO MAKE A MOTION ORIAN MR. ORIAN, UH, REGARDING CASE NUMBER BOA DASH 2 23 DASH OH THREE NINE. I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED REQUEST FOR A FOUR FOOT 11 VARI INCH FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE WITH, WITH OVERHANG AND GUTTERS, UH, UP TO 10 INCHES, UH, COLLECTIVELY TO BE ONE INCH, ONE INCH FROM THE SIDE OF THE PROPERTY LINE SITUATED AT 1 1 3 1 BAN STREET, APPLICANT BEING DANIEL MARIN. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC. IN THIS CASE, A PUBLIC INTEREST IS REPRESENTED BY SETBACK RESTRICTIONS. TO PROVIDE AMPLE SPACING BETWEEN THE STRUCTURES, THE APPLICANT IS REQUESTING A VARIANCE OF THE SITE SETBACK TO ALLOW A STRUCTURE WITH OVERHANGING GUTTERS COLLECTIVELY TO BE ONE INCH 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 RESULTED 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 UNNECESSARY HARDSHIP AS A STRUCTURE IS CLOSE TO COMPLETION. SUCH CONDITIONS ON THE SUBJECT PROPERTY INCLUDE THE FENCE INDICATING WHERE THE SITE PROPERTY LINE IS INCORRECTLY PLACED, CAUSING THE APPLICANT TO FALSELY GAUGE HIS BUILDABLE AREA. THREE, BY BUILDING GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT, SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE STRUCTURE WITH OVERHANGING GUTTERS COLLECTIVELY WOULD BE ONE INCH FROM THE SITE PROPERTY LINE, WHICH OBSERVES THE SPIRIT OF THE ORDINANCE AS IT WOULD NOT BE TOO CLOSE TO THE SITE. PROPERTY LINE AND NEIGHBORING STRUCTURE, OR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FORMING PROPERTY OR, OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE STRUCTURE WITH, UH, UH, OVERHANGING GUTTERS COLLECTIVELY WILL BE ONE INCH FROM THE SIDE PROPERTY LINE, WHICH IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCES SOUGHT AS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY UPON SITE VISITS, STAFFS OBSERVE THE PROPERTY SIDE FENCE INDICATING WHERE THE PROPERTY LINE IS INCORRECTLY PLACED, CAUSING THE APPLICANT TO FALSELY GAUGE HIS BILLABLE AREA. THE REQUEST IS NOT MERELY FINANCIAL IN THE MOTION. SECOND, SECOND WITH MS. MS. BRAGMAN. UH, MS. DORIAN, WOULD YOU LIKE TO PROVIDE SOME COMMENT? YES, I, I'M, I'M NOT OPPOSED TO THIS 'CAUSE YOU KNOW, I, I FIRMLY BELIEVE THAT, THAT, THAT HE WASN'T ATTEMPTING TO DO ANYTHING WRONG. HE WAS FOLLOWING A, A, A HISTORIC FENCE LINE. THE BUILDING ORIGINAL HOUSE WAS BUILT IN 1949 FOR PCAD RECORDS. AND THIS IS A RELATIVELY, UH, SMALL ADDITION. THE NEIGHBORHOOD DOESN'T APPEAR OPPOSED TO IT. AND, UM, I THINK WITH THE ADDITION OF GUTTERS, UH, IT'LL BE, UH, ACCEPTABLE. MS. BRAGMAN, THANK YOU. I CONCUR WITH MY COLLEAGUE. YEAH. I'M JUST GONNA PIPE IN. I'M GONNA SUPPORT IT AS WELL. WITH THE 10 INCH OVERHANG. HE DOES HAVE ROOM, I BELIEVE, TO PUT THE GUTTERS IN WHICH HE AMENDED HIS APPLICATION TO INCLUDE AND STILL, UH, LIE WITHIN THE, UH, PROPERTY LINE. SO I THINK THERE'S ROOM TO [02:00:01] WORK WITH THAT. SO WITH THAT SAID, I, LET'S, LET'S TAKE A ROLL CALL. VOTE CHAIR. ORIAN. I CONCUR WITH THE FINDINGS OF FACT, MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. MENCHACA. I DO NOT CONCUR. MS. CRUZ. SORRY. I CONCUR. MR. ZUNIGA. I CONCUR. MR. MANNA, I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I DO NOT CONCUR. MR. VASQUEZ. I CONCUR. MR. OZUNA? YES, I CONCUR. DOES THAT PUT IT'S AT, UH, EIGHT FOUR AND TWO AGAINST 5 6 7 8 9? YES. IS THERE ANYBODY ON THE, UM, ON THE I WOULD DO THE STAFF RECOMMENDATION. I WOULD BE YES. FOR THE STAFF. AND THE STAFF RECOMMENDATION IS WHAT NOW? YES. TWO FOOT VARIANCE. SO WITH THE, WITH THE TWO FOOT VARIANCE, YOU'D HAVE TO CUT BACK THE BUILDING. IS THERE ANY OPPOSITION, UH, IS ON THE OPPOSING SIDE, IS THERE ANYTHING THAT WE COULD HAVE YOU, UM, ADDRESS OR THE APPLICANT COULD ADDRESS TO? UM, NO. OKAY. UH, UM, VICE CHAIR ZUNA? YEAH. YES. UH, I, I STAFF WAS NOT IN FAVOR OF THIS, CORRECT? NO. CORRECT. THEY HAD AN ALTERNATE RECOMMENDATION. OKAY. UM, I MEAN, DO WE WANT, I DON'T MIND RESENDING THE, THE MOTION IF WE WANTED TO GRANT A CONTINUOUS TILL HE HAD A FULL BOARD. SO, WELL, SO TWO THINGS. SO ONE IS THAT I THINK, UH, THE, UH, MEMBERS OF THE BOARD HERE THAT WERE, UM, YEAH. AGAINST, UH, DID STATE THAT, THAT THEY WERE ACCEPTABLE OR AMENABLE TO THE CITY'S RECOMMENDATION. SO, SO IT COULD BE EITHER A VOTING DOWN THAT PATH OR TO YOUR POINT, UH, BE CONTINUED. SO IN THIS CASE, WOULD THE, TO, IN ORDER TO, TO RESCIND IT, DO WE NEED TO HAVE THE, THE OPPOSING SIDE AGREE TO NO, YOU HAVEN'T READ THE RESULTS YET, SO IT'S STILL ACCEPTABLE FOR ME TO RESEND, BUT I WAS, WHAT I WAS WONDERING IS, IS, IS I WOULD LIKE THE, IT'D BE NICE IF THE TWO PEOPLE WHO ARE IN OPPOSITION WOULD, WOULD, WOULD TO CHIME IN WHETHER THEY'D BE, UH, AMICABLE TO THE STAFF RECOMMENDATION. YES. WE SAID YES. I THINK THEY DID CONCUR WITH STAFF RECOMMENDATION. YEAH. OKAY. UM, I MEAN, I CAN, I, I DON'T MIND AMENDING THE MOTION TO FOLLOW STAFF RECOMMENDATION. SO LET'S, LET'S MOVE FORWARD WITH THE, WITH THE RE RE WITH THE REVISION OF THE MOTION FOR STAFF'S RECOMMENDATION. OKAY. I HEREBY, I HEREBY AMEND THE MOTION, UH, ALTERING IT FROM A ONE INCH SETBACK TO BE, UH, TO FOLLOW THE STAFF RECOMMENDATION FOR THE, UM, FOR THE THREE FOOT, FOR THE TWO FOOT VARIANCE TO BE THREE FOOT FROM THE SIDE PROPERTY LINE. DO WE HAVE ACCEPTANCE? YES. WELL, OKAY. MS. BRAGMAN WAS ONE. YES. OKAY. UH, WITH THAT, ANY COMMENT ON THAT, ON THAT ALTERNATE MOTION? CRUZ, MS. CRUZ. NOW, WOULD THAT BE ACCEPTABLE TO THE APPLICANT? BECAUSE THAT MEANS THAT HE WOULD, AT THIS POINT, HE DOESN'T NEED TO MAKE SOME ALTERATIONS TO THAT HOME. YEAH. YEAH. WELL, THAT'S THE VARIANCE WE'RE READING. SO THE ALTERNATE WOULD BE HE'D HAVE TO COMPLY WITH THE FULL FIVE FOOT SIDE SETBACK. SO, OH, WE, OUR DECISION. SO LET'S MOVE FORWARD WITH THE, WITH THE VOTE. ALRIGHT. CHAIR ORIAN, I CONCUR WITH THE MOTION AS AMENDED. MS. BRAGMAN, I CONCUR WITH THE AMENDED MOTION. MR. SPIELMAN. I CONCUR. MR. MENCHACA I CONCUR. MS. CRUZ, I CONCUR. MR. ZUNIGA I CONCUR. MR. MANNA? I CONCUR. MS. KAPLAN, I CONCUR WITH THE AMENDED MOTION. MR. VASQUEZ. I CONCUR. MR. OZUNA? YES. I CONCUR WITH TENANT FAVOR. ZERO IN OPPOSITION. THE AMENDED MOTION PASSES. GOOD LUCK WITH THE PROJECT. THANK YOU. UH, CHAIR, UH, ZUNA? YES. LET'S TAKE A BREAK. YEAH, I JUST WANTED TO, I JUST WANTED TO COMMENT THAT, UH, IF, IF, IF THE NEIGHBORING PROPERTY IS APPLICABLE, MAYBE THE APPLICANT COULD JUST PURCHASE A COUPLE FEET FROM HIM AND THEN HE DOESN'T HAVE TO CHANGE ANYTHING. THAT WOULD BE AN OP AN OPTION AS WELL. RIGHT? SO, I MEAN, SINCE THE FENCE IS THERE AND EVERYONE'S BEEN LIVING WITH THAT, SO WHAT YOU NEED TO DO IS THEY HAVE STAFF, THEY CAN MAKE, UH, TALK ABOUT WHAT WAS APPROVED TODAY AND YOUR OPTIONS INCLUDING POTENTIALLY PURCHASING A SMALL SECTION OF PROPERTY SO YOU COULD COMPLY WITH THAT SETBACK REQUIREMENT. SO THAT'D BE TWO FOOT? YEAH, THEY'RE, THEY'RE RIGHT THERE. HE'S GONNA BE WITH YOU RIGHT THERE. OKAY. THANK YOU. THANK YOU. OKAY. OKAY. NEXT CASE. MR. CHAIR. YES, MR. CHAIR? UH, I'M GONNA HAVE TO BUG OUT ALREADY. OKAY. THAT WOULD PUT US BACK DOWN TO NINE. RIGHT? SO ASS A COURTESY HE HAS TO DO. YEP. [02:05:01] SO WE WOULD HAVE TO, I, I, AS A COURTESY I'D, I'D LET THE APPLICANT KNOW THAT WE'RE DOWN TO NINE. SO LET'S PROCEED WITH THE NEXT CASE, PLEASE. THANK YOU. LET'S TAKE A BREAK. WELL, DO YOU NEED A, WE SET BREAK. OKAY. WELL, WE JUST HAD A BREAK, BUT WE CAN TAKE ANOTHER FIVE MINUTE BREAK. OKAY. I'M JUST . OKAY. GO TO THE BATHROOM. THAT'S FINE. WELL, WE CAN CONTINUE TO. OKAY, LET'S, BECAUSE WE'LL BE DOWN TO EIGHT. OKAY. LET'S TAKE A FIVE MINUTE BREAK. IT'S THREE 14. WE'LL RECONVENE AT THREE 19. ALL RIGHT. THE TIME IS THREE 19. UH, BOARD OF ADJUSTMENTS BACK IN SESSION. LET'S START WITH THE NEXT CASE, PLEASE. BO O A DASH 23 DASH 0 3 0 0 0 1 1. ADDRESS IS 3 3 0 2 CARNABY CREEK DRIVE IN CITY COUNCIL. DISTRICT NUMBER 10, APPLICANT BEING MICHAEL PAULOS. A REQUEST FOR A FOUR FOOT EIGHT INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN ACCESSORY STRUCTURE WITH THREE INCH OVERHANG TO BE FOUR INCHES FROM THE SIDE PROPERTY LINE. THE CURRENT ZONING IS R FIVE. THE SUBJECT PROPERTY IS LOCATED ALONG CARNABY CREEK DRIVE SOUTH OF REDLAND ROAD. THE APPLICANT CONSTRUCTED AN ACCESSORY STRUCTURE WITHIN THE EXISTING BUILDING FOOTPRINT OF A PREVIOUSLY BUILT ACCESSORY STRUCTURE IN THE SIDE YARD, TRIGGERING A PERMIT INVESTIGATION AND A ZONING INVESTIGATION PER THE U D C ACCESSORY STRUCTURES ARE REQUIRED TO BE SET BACK FIVE FEET FROM THE SIDE PROPERTY LINE, AND CURRENTLY IT IS PLACED AT FOUR INCHES WITH, UM, THREE INCHES OVERHANGING INCLUDED UPON SITE VISIT. STAFF OBSERVED OTHER ACCESSORY STRUCTURES IN THE IMMEDIATE AREA, HOWEVER, NONE OF WHICH SEEMED TO ENCROACH INTO THE SETBACK AREAS. AND THIS IS THE SITE PLAN, THE SUBJECT PROPERTY AND THE ACCESSORY STRUCTURE. AND THEN THIS IS AN ALTERNATE VIEW, AND THIS IS THE SIDE SETBACK MEASUREMENT, AND THEN THE SURROUNDING AREAS. STAFF RECOMMENDATION FOR THE SIDE SETBACK. VARIANCE STAFF RECOMMENDS DENIAL WITH AN ALTERNATE RECOMMENDATION FOR A TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE STEPBACK REQUIREMENT TO ALLOW AN ACCESSORY STRUCTURE TO BE THREE FEET FROM THE SIDE PROPERTY LINE IN BO O A DASH 23 DASH 0 3 0 0 1 1 BASED ON THE FOLLOWING. ONE, THE STRUCTURE IS CURRENTLY FOUR INCHES FROM THE SIDE PROPERTY LINE, WHICH DOES NOT PROVIDE ADEQUATE SPACING. TWO STORMWATER RUNOFF CAN IMPEDE ON THE NEIGHBORING PROPERTY IF THE VARIANT IS APPROVED. AND THREE, THE ACCESSORY STRUCTURE SHALL BE RELOCATED THREE FEET FROM THE SIDE PROPERTY LINE TO OBSERVE THE SPIRIT OF THE ORDINANCE, ORDINANCE, WHICH SO ALLOWS FOR THE APPLICANT TO HAVE SUFFICIENT SIDE YARD SPACING. AND THIS IS THE NEIGHBORHOOD ASSOCIATION RESPONSE ON THE VARIANCE REQUEST FROM THE REDLAND SPRINGS, UM, NEIGHBORHOOD ASSOCIATION. AND THIS IS THE NOTIFICATION PLAN. STAFF MAIL 37 NOTICES, UH, ZERO IN FAVOR, THREE IN OPPOSITION. UM, AND WE HAVE RECEIVED NO RESPONSE FROM REDLAND OAKS NEIGHBORHOOD ASSOCIATION. AND THE SUBJECT PROPERTY IS LOCATED LESS THAN A HUNDRED FEET FROM THE BOUNDARIES OF RANGE RIDER AND REDLAND SPRINGS ASSOCIATION AND REDLAND SPRINGS IS IN FAVOR. AND THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT MACHACA. THANK YOU. MR. MACHACA. UH, DID YOU MENTION THIS WAS BUILT WITH A PERMIT OR WITHOUT A PERMIT? UH, WITHOUT A PERMIT. THANK YOU. UH, THE APPLICANT. UH, PLEASE COME FORWARD. GOOD AFTERNOON. UM, REAL QUICK, I'M SORRY, IF THERE'S ANY COMMISSIONERS THAT IS SHARING THEIR SCREEN, CAN YOU UNSHARE IT PLEASE? WHAT DOES THAT MEAN? ARE YOU GUYS ABLE TO, UH, CHAIR, ORIENT, UH, VESCO? Y'ALL ABLE TO SEE THE MEETING? I CAN'T SEE. I CAN'T SEE ANY OF THE, I CAN'T SEE ANY OF THE PRESENTATION SCREEN. ONE, ONE SECOND. I MEAN, I'VE BEEN FOLLOWING ALONG WITH THE, WITH THE POWERPOINT, BUT YOU GUYS CAN CONTINUE WITH THE MEETING. I'M, I'M, I'M, MR. VOSQUEZ. IS, [02:10:01] IS THE SAME SITUATION WHERE HE CAN'T SEE THE SHARED SCREEN MANA, MR. MANA. SO I'M TRYING TO UNDERSTAND THIS LAST POINT HERE, UM, WHERE IT TALKS ABOUT THE SUBJECT PROPERTY IS LOCATED LESS THAN A HUNDRED FEET FROM THE BOUNDARIES OF, SO, SO DOES THAT MEAN THAT THIS PROPERTY IS WITHIN ONE OF THESE AND NOT THE OTHER, OR NOT WITHIN EITHER OF THESE, OR THEY'RE BUDDING? SO I'M TRYING TO UNDERSTAND WHAT THE RELATIONSHIP IS HERE WITH THE PROPERTY. SO THE SUBJECT PROPERTY IS A PART OF THE REDLAND OAKS NEIGHBORHOOD ASSOCIATION. UM, RANGE RIDER AND REDLAND SPRINGS ARE LOCATED LESS THAN 200 FEET FROM THE BOUNDARY OF THE SUBJECT PROPERTY. SO THIS ONE'S ASSOCIATED WITH REDLAND OAKS? YES, SIR. AND SO THERE'S NO RESPONSE FROM THEM AND, BUT THE RESPONSE, UH, DID COME IN FROM THE NEIGHBORING PROPERTY? CORRECT. OKAY. THANK YOU. THANK YOU. IAN. IAN? YEAH. SO, UH, FOR STAFF, UH, ON, ON YOUR, ON YOUR SLIDE PICTURES, I'M LOOKING AT, UM, SLIDE NUMBER 66. IT, IT, THERE'S A MEASUREMENT, UH, FROM THE CORON, BUT IT, IT, IT LOOKS LIKE IT'S ANGLED. DO YOU KNOW HOW MUCH OF A PORTION OF THIS, UH, STORAGE SHED IS ACTUALLY IN VIOLATION? BECAUSE ON THE, ON THE, ON THE, ON THE MAP, IT KIND OF SHOWS IT'S MORE PARALLEL WITH THE FENCE LINE. UH, AND SECONDLY, I WAS WONDERING, DID YOU OBSERVE THIS BEING ON A FOUNDATION, OR IS IT, OR IS IT MORE READILY MOVEABLE? I, I BELIEVE THE APPLICANT CAN HELP US WITH THAT. YEAH. IT'S JUST BARELY A CORNER. OKAY. IT'S ANGLED AWAY. SO THERE'S JUST A SMALL PIECE OF THE CORNER THAT IS OH, YEAH, YEAH. SLIDE 64 SHOWS A BETTER IMAGE OF THAT TOO. YOU SEE MORE DEPTH ON THE, ON THE RIGHT SIDE OF THAT, UH, SCREEN. SO IT'S FURTHER WORD FROM THE FENCE. OKAY. THANK YOU. ALRIGHT. ARE THEY BACK TO SHARON? CAN THEY SEE THE YEAH, I CAN SEE IT. OKAY. LET'S, UH, APPLICANT, PLEASE. OKAY. ALL RIGHT. THANK YOU. THANK YOU FOR YOUR TIME TODAY. YES, SIR. MY NAME IS MICHAEL PAULIS. I'M THE, THE PROPERTY OWNER. UH, WE'VE BEEN IN THIS HOME FOR ABOUT FOUR YEARS OR SO. WE MOVED THERE WITH MY FAMILY. THE PROPERTY BORDERS ABOUT SIX TO EIGHT DIFFERENT PROPERTIES, UH, ALMOST DIRECTLY OR, YOU KNOW, ADJACENT TO, SO IT'S A LARGE, ODD SHAPED BACKYARD. UH, WHEN WE GOT, I HAVE EIGHT KIDS TOO. WE HAD SIX, UH, DOING DISTANCE LEARNING DURING COVID. SO IT WAS GREAT TO HAVE A BACKYARD THAT WE COULD DEVELOP AND DO THINGS IN THE BACKYARD. UH, WITHIN THOSE MANY DIFFERENT, UH, PROPERTIES THAT BORDER US, THERE ARE AT LEAST THREE AND MAYBE FOUR, UH, VARIANCE VIOLATIONS OF OTHER SHEDS THAT I'VE MEASURED. I HAVE PICTURES OF THEM TOO. SO THERE'S ACTUALLY QUITE A FEW, UH, SHEDS IN THE, IN THE AREA THAT ARE WITH, UH, WITHIN THE FIVE FEET. UH, WE HAD AN EXISTING STRUCTURE. WE NEEDED, WE NEEDED SOME STORAGE SPACE. UH, THE AREA THAT, UH, OF THE HOME ALREADY HAD, AN EXISTING AREA THAT HAD STUFF THERE FROM THE PREVIOUS OWNERS. UH, WE PUT UP AN INITIAL STRUCTURE. NO ONE SAID ANYTHING TO US, INCLUDING OUR, OUR ADJACENT. I DON'T KNOW. I DIDN'T KNOW WHO HAD COMPLAINED. NO ONE SAID ANYTHING TO US WITH THE PREVIOUS STRUCTURE OR THIS STRUCTURE. WE WANTED A STRUCTURE THAT WAS A LITTLE MORE DURABLE AND WATERTIGHT. AND SO WE CONTRACTED A, A, UH, UH, A CONTRACTOR TO DO, TO DO THE, UH, THE WORK FOR US. AND, UH, HE PUT IT UP. UH, WE WERE, WE WERE, WE WERE AT THAT TIME BECAUSE THERE WAS NO ELECTRICAL, ANY TYPE OF, UH, MECHANICAL OR WATER GOING TO IT. I DIDN'T KNOW. I, I LOOKED ONLINE AND THOUGHT I DIDN'T NEED TO GET A PERMIT. UH, WHEN I FOUND OUT I NEED TO GET A PERMIT, I CAME IMMEDIATELY DOWN HERE TO GET A PERMIT. AND, UH, THEY LET ME KNOW I NEEDED TO APPLY FOR A VARIANCE. UH, SO WE APPLIED FOR THE VARIANCE. UH, AND THAT WAS, THAT WAS THE TIMELINE ON THAT. UH, IS IT A CLEAR BEAM OR IS IT A POURED CONCRETE FOUNDATION, OR IT'S ON, ON CONCRETE. ON CONCRETE. IT WAS, THAT WAS EX THAT WAS THEIR PRIOR. SO YOU USED THE EXISTING FOUNDATION? I USED WHAT THE EXISTING WAS THERE, UH, KEPT THAT FOOTPRINT. KEPT THAT FOOTPRINT. UH, AND LET'S SEE, UH, WE CONTACTED THE H O A BEFORE WE WERE GONNA BUILD IT. THEY APPROVED IT. SO I THOUGHT THAT WAS WHAT WE NEEDED TO DO, UH, AS PART OF IT. UH, SO, AND, AND OUR, OUR NEXT DOOR NEIGHBOR, WE DID HAVE, SO WE DID HAVE AN ISSUE WITH OUR CONTRACTOR WHEN, UH, WHEN HE CAME TO, TO WORK ON THE, THE, THE STRUCTURE, HE DROVE ON MY NEIGHBOR'S YARD, UH, AND CRASHED SOME OF HIS, UH, CHRISTMAS LIGHTS. IT WAS AFTER NEW YEAR'S AND CHRISTMAS, BUT HE DID, UH, HIT SOME OF HIS LIGHTS. AND SO WE APOLOGIZED FOR THAT. HE DIDN'T SAY ANYTHING TO US. I, I HAVEN'T TALKED TO HIM. HE DIDN'T COME OVER AND SAY ANYTHING TO US. UH, SO WE HAVE A LOT OF ACTIVE KIDS. THEY, YOU KNOW, THEY THROW A BALL, SOMETIMES THEY GO IN HIS YARD OR THE OTHER PEOPLE'S YARDS. UH, SO THAT, YOU KNOW, THAT'S JUST KINDA THE DYNAMIC. SO I DIDN'T HAVE ANYTHING ELSE FROM THIS, BUT I THANK YOU FOR YOUR TIME TODAY. THANK YOU, MR. POLLS. LET'S SEE IF THERE'S ANY QUESTIONS. OH, AND THEN I HAD SOME PICTURES TOO THAT I, ON THE BOARD THAT WE CAN, UH, OKAY, WELL, YOU'RE SHOWING THE PICTURES. LET'S SEE IF ANY, ANY QUESTIONS FOR THE APPLICANT? ORIAN, OH, MS. MS. KAPLAN. AND THEN, UH, MR. ORIAN. UH, THANK, SO, MR. UH, PAUL, UH, YOU SAID THAT YOU BUILT IT ON THE FOUNDATION, THE CONCRETE SLAB. HOW BIG WAS, WAS IT THE SAME SIZE, THE LAST, UH, STORAGE [02:15:01] SHED, OR, UH, IT'S A LITTLE BIT TALLER, BUT APPROXIMATELY THE SAME. 10 BY 10 ISH TO THE OTHER PREVIOUS ONE. SO IF WE HAVE, IF YOU WANNA LOOK, SO, UH, THERE ON THE, ON THE LEFT, THERE'S A POINTER. OKAY. SO HERE YOU CAN SEE THE, THE PREVIOUS STRUCTURE RIGHT HERE FROM THE FRONT, INSIDE OUR YARD. UH, THIS IS LOOKING AT IT. THIS IS PREVIOUSLY WHERE IT WAS. UH, ALRIGHT, SO HERE, HERE'S OUR NEIGHBOR. RIGHT HERE. HE IS GOT A HUGE TWO STORY SHED, UH, RIGHT NEXT TO OURS. BUT HERE, HERE'S OURS. RIGHT HERE. THAT WAS THE PREVIOUS ONE. SO THAT'S WHAT IT LOOKED LIKE. IT WAS THE EXACT SAME FOOTPRINT EXCEPT A LITTLE BIT TALLER ON THE NEW ONE. UH, THIS IS WHAT IT LOOKS LIKE NOW. SO THIS IS PREVIOUSLY, THIS IS WHAT IT LOOKS LIKE. NOW, UH, HERE'S ON ONE SIDE, OUR, THIS IS ABOUT 36 INCHES RIGHT HERE OF OUR NEIGHBORS. THIS IS ABOUT 44 INCHES ON OUR NEIGHBORS. AND THEN THIS IS THE, ACTUALLY THE NEXT DOOR NEIGHBOR, THIS IS ANOTHER SHED THAT'S RIGHT. ABUTTING NEXT TO, TO THE PROPERTY LINES. SO, YOU KNOW, THERE'S SHEDS RIGHT NEXT TO PROPERTY LINES ALL AROUND US. AND THAT, YOU KNOW, SEEING THAT I DIDN'T, I DIDN'T EVEN THINK ABOUT THE VARIANCE UNTIL WE CAME DOWN HERE TO APPLY. SO WOULD YOU BE TO GUTTERS ON THIS? SO I DON'T WANT, WE CAN, WE CAN PUT GUTTERS ON IT. ON, ON YOUR, SO YOUR NEIGHBORS DON'T GET WATER RUNOFF. YEAH, WE CAN PUT GUTTERS. MR. MANNA. ORIAN WAS FIRST, RIGHT? OH, ORIAN. YEAH. YEAH. I WAS GONNA ASK, UH, UM, UH, DO YOU HAVE A, DO YOU HAVE A, UH, DOES THIS CONFLICT WITH A FIVE FOOT PATH FOR, UH, EMERGENCY PERSONNEL? IF THERE WAS, IF YOUR HOUSE IS ON FIRE, YOU KNOW, THAT, THAT THEY COULD GET AROUND THE PROPERTY. SO ON THE OTHER SIDE OF IT, THERE'S A DOOR AND THEY COULD GET IN. SO THIS, THERE'S NO ENTRY AREA ON THAT SIDE. IT'S ALL FENCE. OKAY. IT WOULDN'T IMPACT IT. OKAY. AND, AND CAN YOU TALK ABOUT, I KNOW THIS IS AT AN ANGLE, BUT HOW MUCH OF THIS IS ACTUALLY AN ENCROACHING IN THE FIVE FEET? IS IT A COLLECTIVE LENGTH OF LIKE SEVEN OR EIGHT FEET, OR WHAT ARE WE TALKING ABOUT HERE? I, I WOULD SAY NO MORE THAN TH OKAY. THANK YOU. TWO FEET. MAYBE THE ACTUAL, WELL, THE ACTUAL TWO FEET OR THREE FEET WOULD, THANK YOU, MR. DORIAN. UH, MR. MANA. THANK YOU. MANA. SO QUESTION FOR YOU IS, YOU, YOU MENTIONED THAT YOU TALKED TO THE, YOUR NEIGHBORHOOD ASSOCIATION, AND YOU SAID THAT THEY WERE OKAY WITH, WITH THE, WITH THE PLANS, WITH, WITH THE DIALOGUE YOU HAD WITH THEM. WAS THAT THROUGH AN EMAIL CORRESPONDENCE OR A PHONE CALL OR, I GUESS WHAT? PHONE CALL. SO, PHONE CALL. PHONE CALL. SO THERE'S REALLY NO RECORDS OF THAT FROM, BUT OTHER THAN OTHER MAY, THERE MAY BE SOME TEXT MESSAGES. OKAY. OKAY. THANK YOU, SIR. MIC, CHAKA, MACHACA. UH, SMALL QUESTION. DID YOU RUN ANY KIND OF UTILITIES OUT THERE WHILE NO. FOR ELECTRICITY? NO. NO, NO UTILITIES, NOTHING. JUST A STORAGE SHED. MR. ZUNIGA, UH, ON THE SPACE BETWEEN THE SHED AND THE FENCE, UH, HOW, HOW BIG IS, WOULD A FIRE PERSON, A FIREMAN, A FIRE WOMAN, GO THROUGH THAT SPACE IF THERE WAS TO BE A, A FIRE? HOPE? HOPEFULLY NOT, BUT I MEAN, THIS IS MY CONCERN, YOU KNOW, THAT HE DON'T HAVE NO IF ON, ON THE OTHER SIDE. SO THERE IS A FULL PATHWAY, UH, TO GET INTO OUR PROPERTY. ON THE OTHER SIDE OF THE, OF THE, THERE'S, THERE'S A BUNCH OF TREES. THERE'S A TREE LINE, AND THEN THERE'S THE, UH, THE SHED. AND THEN THAT, SO, SO THERE, THERE'S NO, UH, FREE PASS THROUGH YOUR SIDE FENCE AND THE SHED THROWAWAY FOR TO GO THROUGH THERE, SAY FOR AN EMERGENCY MANNA, MR. MANAM. SO, SO MAYBE I COULD, SO, SO COULD A PERSON WALK BETWEEN THE FENCE AND THE SHED ALL THE WAY AROUND THE SHED ON, ON THE, ALL THE WAY AROUND THE SHED. CAN SOMEONE WALK ALL THE WAY AROUND THE SHED ON, ON OUR SIDE OF THE PROPERTY? YES. NO, IT'S, IT'S, IT'S RIGHT THERE. BUT ON THE OTHER SIDE THERE IS, IT'S FREE. IT'S A FREE LANE. FREE ALLEY ON THE NEIGHBOR'S PROPERTY. SO BETWEEN, BUT, BUT INSIDE, YES. THEY COULD GET, SO BETWEEN THE FENCE AND YOUR SHED? MM-HMM. COULD I WALK AROUND YOUR SHED IF I WAS IN YOUR BACKYARD? UH, NO. WELL, THERE'S TREES AND STUFF, BUT NO. OKAY. SO THERE'S TREES BLOCKING IN. SO, SO IT IS BLOCKED ALL THE WAY AROUND. SO I GUESS THE QUESTION HE'S ASKING, IS THERE FIRE SAFETY? IF YOU, IF YOU, IF THE TREES WERE CUT DOWN, IS THERE ENOUGH SPACE DISTANCE BETWEEN THE SHED AND THE FENCE WITHIN YOU PROPERTY LINE TO KIND OF GET AROUND? IF THERE WAS A PERFECT SITUATION? SO I WOULD, ON THE CORNER THAT IT MEETS UP TO IT, I'D HAVE TO LOOK, BUT I, YOU KNOW, IT'S FOUR INCHES OR ORIAN ORIAN. LET, LET ME ASK A QUESTION. LET ME ASK A QUESTION THIS WAY. BETWEEN YOUR HOUSE AND THE SHED, IS THERE ADEQUATE ROOM FOR YOU TO OH, YEAH. OH, WALK AROUND THE SHED. OH YEAH. OH YEAH. THERE'S, THERE'S, SO IT'S JUST NOT THE CORNERS JUST NOT ON ONE CORNER, EVERYWHERE ELSE, IT'S FREE, JUST NOT ON THAT CORNER. SO THERE'S ACCESS AND NOBODY, AND I MEAN, NO ONE EVER WALKS BACK ON THAT AREA. NO ONE HAS EVER GONE BACK THERE. SO, BUT TO, TO THE MAIN STRUCTURE, THERE'S THAT ADEQUATE ACCESS. OH YEAH. THERE'S PLENTY OF, PLENTY OF SPACE BETWEEN THE MAIN STRUCTURE. OKAY. OKAY. THANK YOU. ANY [02:20:01] OTHER QUESTIONS? SO YOU SAY YOU HAVE TREES IN THAT AREA? THERE ARE, THERE ARE SOME TREES OR, OR BUSHES THAT HAVE GROWN BIG IN BETWEEN THE STRUCTURE. SO YOU, YOU HAVE NO ROOM IN? OH NO, THERE'S A, WELL, THERE'S LOTS OF ROOM. THERE'S A, A WHOLE PATHWAY. LET'S GO TO GO AROUND. IF WE, UH, IF WE GO TO THE PICTURE, IF WE, WE CAN LOOK AT THE PICTURE. MAYBE WE CAN VISUALIZE IT BETTER. THANK YOU, MR. THANK YOU, MR. ZUNIGA. MR. B OVER AND OVER AGAIN, BUT YEAH. OKAY. WE'RE, WE'RE GOING TO MS. BREGMAN AND THEN MR. . I THOUGHT I HAD, OH, I THOUGHT YOU WERE FINISHED WITH YOUR QUESTIONING. NO, THAT'S OKAY. GO AHEAD. OH, THANK YOU, SIR. MS. CAN'T EVEN QUESTION. OH, SO MY QUESTION IS, DID YOU WANNA FORMALLY AMEND YOUR MOTION TO, UM, SAY ANYTHING ABOUT PUTTING GUTTERS ON THE SURE. YOU NEED TO VERBALIZE IT, IF THAT'S WHAT YOU WANNA DO. YEAH, WE CAN PUT GUTTERS. SURE. CAN YOU VERBALIZE? OH, YES, I WOULD, I WOULD, UH, SORRY. SORRY ABOUT THAT. YES, WE WOULD, I WOULD LIKE TO AMEND IT TO INCLUDE GUTTERS ON THE SHED. ON THE SHED. THANK YOU, MR. MACO. THIS FOR STAFF. COULD YOU BRING UP THE AERIAL VIEW SO WE CAN LOOK FROM THE TOP? SO WITH A LITTLE GRAY ROOF ON THE BACK, ON THE RIGHT, YOUR SHED IS RIGHT NEXT TO THAT. SO THAT'S THE NEIGHBOR'S SHED RIGHT HERE. THIS IS WHERE, SO RIGHT HERE, CORRECT. THE WALKWAY. BIG THICK WALKWAY. A DOUBLE OPENING DOOR, UH, TO GET IN, UH, RIGHT THERE. BUT IT SEES ALL THOSE TREES RIGHT THERE. OUR NEIGHBOR HAS A BUNCH OF TREES THAT GO INTO OUR YARD, BUT RIGHT THERE YOU CAN, THERE WOULD BE PLENTY FOR IF A FIREMAN NEEDED TO GET BACK THERE. YEAH, BECAUSE THAT'S, DOES THAT MR. MACHA, DOES THAT HELP? YES. OKAY. THANK YOU, SIR. THAT, THAT GIVES ME A BETTER PERSPECTIVE. THANK YOU. AND SO THAT, I GUESS THAT WITH NO OTHER QUESTIONS FOR THE BOARD THAT CLOSES A, WE SHOULD MAKE A MOTION. ONE THING I WOULD ADD IF IS IF WE COULD, UM, USE THE CURRENT CONFIGURATION OF THE STORAGE AS LIMITING THE AREA FOR THE VARIANCE, RIGHT. SO WE CAN'T EXPAND FURTHER INTO, UM, THE SETBACK FOR ANY KIND OF VARIANCE. AND YOU'D BE YEAH, YEAH, THAT'S FINE. SO IT'S LIMITED TO THE EXISTING, JUST LIMITED OF WHERE THE STORAGE UNIT IS NOW. YEP. THAT'D BE GREAT. YOU CAN'T SAY THAT MOTION. YOU CAN, YOU CAN LIMIT IT TO THE, UH, DO I NEED TO SAY, DO I NEED TO SAY IT? NO, THAT'S FINE. NO, I'M GONNA, I SAID I WOULD MAKE THE MOTION. OH, OKAY. DO YOU WANT MS. BRAGMAN? NO, IT'S ALL FINE. OKAY. THANK YOU. UH, REGARDING CASE NUMBER BO O A DASH 23 DASH 0 3 0 0 0 1, I MOVE TO THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A FOUR FOOT EIGHT INCH VARIANCE, INCLUDING GUTTERS FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW, UH, AN ACCESSORY STRUCTURE WITH A THREE INCH OVERHANG, INCLUDING GUTTERS TO BE FOUR INCHES FROM THE SIDE PROPERTY LINE SITUATED AT 3 3 0 2 CARBY CREEK DRIVE. APPLICANT BEING, UM, MICHAEL PAUL PAULIS. YEAH, PAUL, UH, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. MR. REMAN, WOULD YOU WANNA LIMIT IT TO THE CONFIGURATION OF THE EXISTING STORAGE SO HE DOESN'T HAVE THE VARIANCE ACROSS THE ENTIRE BACKYARD? NOW, WOULD YOU LIMIT IT TO THE EXISTING CONDITION? UH, UH, LET'S SEE. WELL, DOESN'T THAT, DOESN'T THAT INCLUDE THE ACCESSORY STRUCTURE? YEAH. JUST TO DEFINED AS. OKAY. UM, SO IF I CAN JUST ADD LIMITED TO, UH, THE ACCESSORY STRUCTURE, THANK YOU. 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 SETBACK RESTRICTIONS. TO PROVIDE AMPLE SPACING BETWEEN PROPERTY LINE AND STRUCTURES, THE APPLICANT IS REQUEST REQUESTING A VARIANCE TO THE SIDE SETBACK TO ALLOW A, AN ACCESSORY STRUCTURE WITH A THREE FOOT, THREE INCH OVERHANG TO BE FOUR INCHES, INCLUDING GUTTERS FROM THE SIDE. PROPERTY LINE STAFF FINDS THE DISTANCE IS SUITABLE AND IS NOT, AND IS NOT TOO CLOSE TO THE NEIGHBOR'S SHARED PROPERTY. LINE TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN APPLICANT BUILDING THE STRUCTURE OF FIVE FEET FROM THE SIDE PROPERTY LINE, WHICH WOULD RESULT IN AN UNNECESSARY HARDSHIP AS THE STRUCTURE IS ALREADY CONSTRUCTED. ADDITIONALLY, THE SPECIAL CONDITIONS ON THOSE SUBJECT PROPERTY INCLUDE THE ACCESSORY STRUCTURE. HAVING THE SAME SLAB FOUNDATION AS THE PREVIOUS STRUCTURE, IT WOULD BE CHALLENGING TO RELOCATE. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE [02:25:01] IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE STRUCTURE WILL BE FOUR INCHES FROM THE SIDE PROPERTY LINE, WHICH OBSERVES THE SPIRIT OF THE ORDINANCE, AND IT WOULD NOT BE TOO CLOSE TO THE SIDE PROPERTY LINE AND NEIGHBORING STRUCTURE. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT. WILL IT BE ALLOWED WITH THIS VARIANCE? 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'S LOCATED. IF GRANTED, THE STRUCTURE WILL BE FOUR INCHES FROM THE SIDE PROPERTY LINE, WHICH IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, AS OTHER ACCESSORY STRUCTURES WERE OBSERVED IN THE IMMEDIATE AREA. 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 AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY'S LOCATED STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE SA SHAPE OF THE SIDE YARD IS IRREGULAR IN SHAPE. END OF MOTION. THANK A SECOND, MR. KAPLAN. SECOND. SECOND. SO I WOULD ASK, SO WE NEED NINE UNANIMOUS VOTES FOR THIS VARIANCE TO PASS THAT IF ANY OF THE BOARD MEMBERS ARE IN OPPOSITION, IT'S A COURTESY TO PLEASE KIND OF STATE IT. UH, SO WE MAY, UH, TAKE APPROPRIATE ACTION WHETHER IT'S A CONTINUANCE OR, YOU KNOW, OR WHAT HAVE YOU. SO HEARING NONE, OKAY. UM, IF YOU WANT MS. BRAGMAN, IF YOU WANT PROVIDE SOME COMMENT. SURE. UM, I'LL BE IN SUPPORT OF THE MOTION. UM, THE APPLICANT HAS SAID THAT HE WILL PUT GUTTERS ON THE STRUCTURE. UH, THERE'S PLENTY OF SPACE AROUND THE, THE EXTERIOR OF THE STRUCTURE EXCEPT FOR RIGHT UP NEXT TO THE FENCE IN ORDER TO ACCESS THE HOME IN, IN CASE OF FIRE. UH, AND THERE ARE A NUMBER OF OTHER, UH, ACCESSORY STRUCTURES IN THE NEIGHBORHOOD THAT ARE, UH, IN CLOSE PROXIMITY TO THEIR PROPERTY LINES. AND THIS IS JUST A REPLACEMENT OF, UH, AN EXISTING STRUCTURE ON THE SAME FOOTPRINT. SO I'LL BE IN SUPPORT. THANK YOU. UH, AND I CONCUR WITH EVERYTHING SHE SAID. THANK YOU, MS. KAPLAN. LET'S TAKE A ROLL CALL. VOTE MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. MENCHACA. I CONCUR. MR. ZUNIGA. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. VASQUEZ. I CONCUR. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. ALRIGHT, WITH NINE IN FAVOR, ZERO IN OPPOSITION. THE VARIANCE PASSES. GOOD LUCK WITH THE PROJECT. THANK YOU, SIR. ALRIGHT, NEXT CASE. B O A DASH TWO THREE DASH 0 3 0 0 0 1 4. THE ADDRESS IS 9 3 3 6 WEST LOOP FOUR 10. IN COUNCIL DISTRICT THREE. APPLICANT ROBERT CAREY. THE REQUEST IS FOR A 15 FOOT VARIANCE FROM THE REQUIRED 15 FOOT BUFFER TO ALLOW THE ELIMINATION OF A BUFFER ON THE WEST AND NORTH PROPERTY LINES AND ITS OWN C TWO NA. THE SUBJECT PROPERTY IS LOCATED ALONG WEST LOOP FOUR 10 ON THE, THE SOUTHEAST SIDE. AND THE APPLICANT REQUESTED FOR THE ELIMINATION OF THE BUFFER ON THE WEST AND NORTH PROPERTY LINES. THE REQUIREMENT DRIVES FROM ABUTTING RESIDENTIAL LOTS AND BOTH THE RESIDENTIAL LOTS ARE CURRENTLY VACANT. THE, THE, THE DEVELOPMENT WILL HAVE A 30 FOOT SETBACK TO THE REAR AND A 10 FOOT SETBACK ON THE WEST SIDE. AND THIS IS A SITE PLAN AND PICTURES OF THE SUBJECT PROPERTY. AND HERE'S THE SURROUNDING AREA. STAFF RECOMMENDS DENIAL WITH AN ALTERNATE RECOMMENDATION FOR A SEVEN FOOT SIX INCH BUFFER. AND BO O A TWO THREE DASH 1 0 3 0 0 0 1 4 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THERE'S ADEQUATE SPACE FOR THE PROPERTY TO CONFORM TO A SEVEN FOOT SIX INCH BUFFER REQUIREMENT. AND TWO, THE SEVEN FOOT SIX INCH BUFFER WILL REDUCE AND NOISE AND LIGHT FROM THE PROPERTY. WE MAILED OUT 10 NOTICES, NO RESPONSES IN FAVOR AND OPPOSITION, AND THE NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. AND THIS CONCLUDES STAFF PRESENTATION AND APPLICANT IS PRESENT. THANK YOU. THE APPLICANT. PLEASE COME FORWARD. HELLO? HELLO SIR. CHAIRMAN, WOMEN MEN. THANKS FOR ALLOWING ME TO BE HERE. UH, JUST PLEASE STATE YOUR NAME AND THEN PRESENT. SURE. MY NAME IS ROBERT CAREY. UM, I OWN THE LAND THERE, UH, THAT'S BEEN TURNED INTO COMMERCIAL PROPERTY. I'VE BEEN TRYING TO, UH, WORK ON A PROJECT TO PUT, UM, SOME SELF STORAGE THERE FOR THE LAST ABOUT THREE YEARS. THIS MONTH. I'VE HAD SOME KIND OF ISSUES [02:30:01] WITH THE ENGINEERING COMPANY THAT WE HIRED TO DO THE, UH, PLANNING AND STUFF. SO WE'RE AT THE PLACE WHERE WE'VE GOT ALL THE PLANS READY TO GO AND, UH, WE'RE TRYING TO MOVE FORWARD WITH IT. UM, THE REASON I'M ASKING FOR THE, UH, VARIANCE OF THE BUFFER IS IT'S MORE ON THE WEST AND THE SOUTH SIDE INSTEAD OF THE NORTH. BUT, UH, UH, THE COMPANY DREW UP THE PLANS FOR THE, UH, CIVIL ENGINEERING PLANS FOR THE PROJECT. AND, UH, WE HAVE DESIGNED WITH, UH, 20 FEET FROM THE, UH, WEST SIDE IN, AND THEN BUILDINGS, AND THEN A LITTLE BIT OF ROOM AND THEN GOING TO THE EAST. UM, THESE PLANS WERE PUT TOGETHER WITH, UH, JUST A SETBACK 20 FOOT ON THE SIDE. AND, UH, A FEW MONTHS AGO, WE WERE ADVISED THAT WE NEEDED TO, UM, GET THE, UM, THE BUILDING STRUCTURAL PLANS FOR THE BUILDINGS IN ORDER TO, UH, PUSH FOR THE PERMITS FOR THE BUILDING. AND THE ONLY WAY I COULD GET THOSE WAS TO ACTUALLY, UH, PURCHASE THE BUILDINGS. SO WE PURCHASED THE BUILDINGS BACK IN NOVEMBER THINKING WE'D BE READY WITH THE, UH, PERMITTING BY NOW. UH, BUT THE BUILDINGS ARE SET TO FIT A CERTAIN WAY. AND THE BUILDINGS THAT WE PURCHASED, IF WE HAVE TO SLIDE THEM FROM KIND OF THE WEST TO THE EAST, THEY'RE GONNA FALL INTO THE, UH, THERE'S A FEMALE FLOOD EASEMENT DOWN THERE. AND, UH, WE DON'T HAVE ROOM FROM EAST TO WEST TO PUT THE BUILDINGS AT KIND. WE'VE ALREADY PURCHASED THERE THAT THE PLANTS WERE SET FOR. SO I'M REALLY ASKING FOR IT FROM THE WEST, WEST SIDE AND THE SOUTH SIDE A LITTLE BIT BECAUSE, UH, UH, THE PLAN WAS ALREADY SET TO FIT IN THE USABLE PROPERTY SPACE WITH, WITH WHAT'S THERE. I'VE GOTTEN LETTERS FROM THE NEIGHBOR ON THE WEST SIDE AND THE SOUTH SIDE AS WELL THAT SAID THAT THEY DON'T MIND IF I DON'T HAVE A BUFFER. THEY JUST WANT THE FENCE THERE IN ITS PLACE. AND SO THAT'S KINDA WHAT WE'RE ASKING FOR, IS JUST TO BE ABLE TO, WITH ALL THE WORK THAT'S BEEN PUT INTO DEVELOPMENT OF THE PLANS, THE SITE PLANS, AND THEN THE ACTUAL, THE BUILDINGS THAT WE'VE GOT FOR THE PLANS ALREADY. UH, TRYING TO MAKE 'EM FIT ON THE PROPERTY AS THE PLANS WERE. AND SO REALLY I NEED ON THE WEST SIDE MORE THAN ANYTHING, I'M NOT SO CONCERNED ABOUT THE BACK 'CAUSE WE CAN'T DO MUCH WITH IT. AND, UH, THE ROAD, I AGREE WITH THE ROAD BECAUSE, UH, IT KIND OF CUTS DOWN LIGHT NOISE FROM THE ROAD. UH, BUT JUST TRYING TO HAVE, HAVE IT THERE NOT AN EYESORE OR ANYTHING LIKE THAT. JUST, IT'S KIND OF MY RETIREMENT JOB. LOOKING FOR SOMETHING TO DO THERE. THANK YOU. DO YOU HAVE THE LETTERS YOU COULD PROVIDE FOR PUBLIC TESTIMONY HERE? I DON'T HAVE 'EM ON HAND. I'VE GOT 'EM ON, ON DIGITS AND I TURN 'EM IN WITH THE, UH, PAPERS FOR THIS BOARDING PROCESS. I THINK AFTER, DO WE HAVE THE LETTERS THAT WE CAN, CAN, IT MIGHT BE, UH, ATTACHED TO THE END OF THESE SHOWS EXHIBIT. I THINK THAT'S GONNA BE IMPORTANT TO SHOW THE, IT'S FROM, UH, MR. RODRIGUEZ AND MR. ALLEN. IS HE APPLICATION? HE AGREED THAT THERE, THAT WHAT HE SAID. THAT'S AND WHO IS YOUR NEIGHBOR TO THE WEST AT YOUR, UH, MOST MR. RONALD ALLEN. OKAY. YES, SIR. AND HE HAS NO OPPOSITION TO, HE DOESN'T, NO, HE'S ACTUALLY APPROACHED ME ABOUT PURCHASING THE LAND. HE, THEY WANT TO, HE WANTS TO SELL HIS LAND. AND SO DOES THE NEIGHBOR ON THE SOUTH, MR. RODRIGUEZ, UH, HE DOESN'T, HE WANTS TO MAKE SURE THAT IT'S CONTROLLED, SO HE DOESN'T WANT ANYTHING IN THE NEIGHBORHOOD THAT THE NEIGHBORS DON'T WANT. SO I TOLD HIM I'M NOT GONNA DO ANYTHING WITH IT IF I BOUGHT IT. I JUST WANT JUST HAVE THE SPACE THERE, MAYBE PUT A, A PLACE TO LIVE ON IT OR WHATEVER. BUT, UM, HE'S, HE DOESN'T HAVE ANY ISSUES WITH IT. NO. IF WE CAN FIND THOSE, OTHERWISE I CAN GET IN MY PHONE AND PULL 'EM OUT OF MY PHONE AND, AND FORWARD 'EM HERE. OKAY. LET'S SEE IF ANY OF THE BOARD MEMBERS HAVE ANY MR. ZUNIGA? YES, SIR. THIS IS IN THE VEHICLE. RONALDO SOUTH? YES, SIR. SOUTH SIDE. YES, SIR. RIGHT OFF OF UH, JUST, UH, JUST WEST OF SOUTH END ROAD. RIGHT BY WHITESIDE GAS STATION. YES. YES. OFF OF FOUR 10. YES SIR. YEAH. UH, AND YOU'RE NEAR THE HIGHWAY THAT FOUR 10? YES SIR. WE'RE ON THE ACCESS ROAD. AND YOU'RE TRYING TO BUILD OR HE'S TRYING TO BUILD? NO, I'M TRYING TO BUILD, SIR. YEAH, JUST A SMALL MINI STORAGE THERE. YEAH. OH, GREAT. GREAT. IT NEEDED. THANK YOU. YEAH, I HAD THE PROPERTY FOR A LITTLE OVER 15 YEARS AND I GOT HURT OVERSEAS AND I'M, I'M STUCK , SO I WANNA DO SOMETHING WITH IT TO MAKE MYSELF EASY, LIFE EASIER. THANK YOU. YES, SIR. MS. DORIA? YES. UH, SO YOU WERE, YOU WERE MENTIONING THAT YOU WERE GONNA HAVE A 20 FOOT SETBACK ON THE WEST SIDE. DID I HEAR THAT CORRECTLY? YES, SIR. THAT'S WHAT WE WERE TOLD WHEN THEY PUT TOGETHER THE ENGINEERING PLANS, WAS WE NEEDED 20 FEET. SO YOU, FOR BUILDINGS, C TWO ABUTTING R SIX IS A 10 FOOT SETBACK WITH A 15 FOOT BUFFER REQUIREMENT. IF YOU'RE GONNA, IF, IF YOUR INTENT IS TO PUT A BUILDING 20 FOOT, I MEAN, 20 FOOT ISN'T BIG ENOUGH TO DO MUCH OF ANYTHING WITH, UH, I MEAN, IS IT, IS IT REALLY THAT MUCH OF A HARDSHIP TO PUT A 15 FOOT, UH, BUFFER THERE? WELL, THE ISSUE WITH THE BUFFER IS, LIKE I MENTIONED, WE HAD, THEY, THEY DREW UP THE CIVIL ENGINEERING PLANS FOR THE SIZE OF THE BUILDINGS ON THE PROJECT. IF IT'S ON THE NEXT PAGE, IF, IF THERE'S MORE PAGES OF THIS, MAYBE NOT. OKAY. UH, WE HAD TO PRE-PURCHASE THOSE BUILDINGS SO THEY COULD FILE THE PERMITS FOR THE VERTICAL CONSTRUCTION. SO WE'VE ALREADY PURCHASED THE BUILDINGS [02:35:01] AND THERE'S NOT ENOUGH ROOM FOR WHAT WE WANTED TO PUT THERE TO SLIDE, UH, FROM WEST TO EAST, THAT 15 FEET, IT WOULD PUT US KIND OF INTO THE FLOOD ZONE, WHICH WE REALLY CAN'T DO ON THE BUILD SIDE. BUT YOUR BUT YOUR INTENT IS TO MAINTAIN THE 10 FOOT SETBACK? WELL, 20 FOOT SETBACK FROM THE WEST SIDE IS WHAT I WAS ADVISED AT FIRST. SO THE INFORMATION MIGHT'VE CHANGED, WERE TOLD EVERYTHING. YEAH, 10. SO IT WAS, I MEAN, YOU'RE, THE IDEA THERE WAS TO JUST, I MEAN, YOU UNDERSTAND, I'M SORRY, I'M, UM, I JUST WANNA ASK IT, DO YOU UNDERSTAND THAT YOU HAVE A 10 FOOT MINIMUM REQUIRED SETBACK ON THE WEST SIDE? RIGHT. SO I DON'T UNDERSTAND THAT NOW I'VE HEARD A FEW DIFFERENT THINGS OVER THE YEARS, SO, AND SO YEAH, C TWO ABUTTING R SIX IS A 10 FOOT MINIMUM SETBACK. BUT THE OTHER ISSUE IS, IS YOU'RE ASKING FOR AN ELIMINATION OF THE BUFFER ON THE WEST SIDE. UH, COULD, IF YOU HAVE A 10 FOOT SETBACK, COULD YOU AT LEAST LIVE WITH A 10 FOOT BUFFER? WELL, THE THING I NEED IS, UH, I NEED SOME SPACE TO DRIVE VEHICLES BACK THERE TO UNLOAD AND LOAD TO, UH, STORAGE UNITS. AND YOU'RE, AND YOU THINK 10 FEET BETWEEN THE BUILDING AND THE PROPERTY LINE IS ADEQUATE FOR THAT. NO, THAT'S WHY WE HAD 20 FEET BETWEEN THE BUILDINGS AND THE PROPERTY LINE. 20 FEET IS A, A DRIVE TO DRIVE BACK THERE AND, AND UNLOAD AND LOAD. THAT SHOULD HAVE BEEN SUFFICIENT. BUT, UH, CUTTING, TAKING 15 FEET OF THAT 20 FEET TO MAKE FIVE FEET IS NOT ENOUGH ROOM FOR PEOPLE TO DRIVE BACK. SEE, THE, THE, THE ISSUE I HAVE IS THAT THE, THE, UH, IN, IN THE, IN THE PROJECT FILE, ALL WE'RE SEEING IS A DRAINAGE AREA MAP. WE'RE NOT SEEING A SITE LAYOUT. SO I HAVE NO IDEA WHAT YOUR REAL HARDSHIP IS. UM, IF, YOU KNOW, ARE YOU, ARE YOU ATTEMPTING TO USE THE 20 FEET TO MEET FIRE PROTECTION OR IS IT SIMPLY JUST TO GET A VEHICLE? 'CAUSE YOU CAN DO THAT IN 10 OR 11, IN LIKE 11 FEET. YEAH, SO I SUBMITTED, I, I SUBMITTED ALL THE SITE PLANS WITH THIS AND UH, APPARENTLY THEY'RE NOT SHOWING UP HERE ON THE COMPUTER, BUT, UH, THERE IT IS RIGHT HERE. OKAY, GO BACK PLEASE. STAFF. AND SO THE 20 FEET IS, UH, ENOUGH ROOM TO DRIVE BACK ALONG THE WESTERN FENCE LINE BETWEEN THE BUILDING AND, UH, UNLOAD THE LOAD IN THE STORAGE UNITS. AND THEN, UH, OKAY. AND SO THAT MEANS THAT YOU, YOU'RE TRYING TO DRIVE, I MEAN, IS THIS, THIS PLAN IS ORIENTED NORTH AND SOUTH? YES, SIR. NORTH AND SOUTH, UH, NORTH BEING UP. OKAY, SO YOU'RE TRYING TO DRIVE ON THE, ON THE DOWN THE SIDE. UH, I MEAN I JUST DON'T SEE HOW, I MEAN, YOU, YOU CAN DRIVE DOWN BETWEEN THERE AND THE, AND THE ROTATED SET OF BUILDINGS. I'M TRYING TO UNDERSTAND LIKE, UH, BECAUSE THAT, THAT BUILDING ON THE BOTTOM LEFT IS A, IS A BUILDING ALONG, BUILDING WISE WITH OPENINGS ON BOTH SIDES IS IN, IS THAT'S WHAT'S IN THE PLAN. AND SO THERE'S, UH, OPENINGS ON THE BACKSIDE, WHICH IS THE WEST SIDE THERE. AND IF PEOPLE RENTED OUT THEIR STORAGE UNITS, THEY WOULD NEED TO DRIVE BACK THERE TO LOAD AND UNLOAD THEIR STORAGE UNITS. AND 20 FOOT OF A DRIVE IS WHAT WAS PUT IN THE PLANS FOR THAT. NOW I REALIZE, SO HOW DID, SO IF I ENTER BETWEEN THE SMALL BUILDING AND THE LONGER BUILDING, SIR, AND I MAKE A LEFT TURN, SO I'M, I'M GOING SOUTH. YES SIR. THE FLOW IS, THE FLOW IS TO GO DOWN THAT, THAT DRIVE AND THEN CIRCULATE UP AND, AND CIRCULATE ON THE ANGLED PART TO GET TO GET OUT. YES, SIR. IT, IT, IT COMES DOWN HERE TO COME AROUND HERE TO COME BACK OUT. OKAY. AND YOU'RE NOT USING THAT REAR PART FOR FIRE PROTECTION PURPOSES AT ALL? THIS RIGHT OVER HERE YOU'RE SAYING? YES. UH, ORIGINALLY I WAS JUST TOLD WE NEEDED A 20 FOOT SETBACK. UH, I'VE HEARD A LOT OF DIFFERENT THINGS FROM DIFFERENT PEOPLE, BUT 20 FOOT SETBACK GAVE US A 20 FOOT OF ROOM BETWEEN THE FENCE AND THE BUILDING. AND THEN, UH, WELL SOMETIMES PEOPLE PUT A 20 FOOT SETBACK 'CAUSE THEY'RE TRYING TO GET YOU A REDUCED INSURANCE BILL OR, OR TAKE AWAY FROM WHAT SORT OF, WHAT SORT OF FIRE PROTECTION, UH, YOU HAVE TO HAVE ON THE WALL. RIGHT. UM, BUT YEAH, YOU HAVE A 10 FOOT SETBACK, BUT IT'S, YOU'RE JUST ASKING FOR A FULL ELIMINATION OF THE BUFFER. I MEAN, HAVE YOU, HAVE YOU DISCUSSED THIS WITH, UH, LANDSCAPE STAFF ABOUT HOW YOU COULD, ANY ALTERNATIVES TO TRY TO MEET THE INTENT OF THE BUFFER? THE LANDSCAPE STAFF SAID THAT THE, UH, OPPORTUNITY TO DO THIS WITH THE PLANS IN PLACE WAS TO TRY TO JUST ELIMINATE THE BUFFER AT ALL ON THE WEST SIDE. OKAY. UH, ALRIGHT, THANK YOU. SHE'S SORT OF PURCHASING THE PROPERTY FROM THE NEIGHBOR, WHICH IS KIND OF IN THE WORKS LIKE I SAID, BUT, ALRIGHT, THANK YOU. YES SIR. THANK YOU MR. DORIAN. ANY OTHER QUESTIONS FOR THE APPLICANT? SO FOLLOWING UP WITH THAT QUESTION, MR. MANN. UM, SO, SO IS THE INTENT THEN THAT IS BASICALLY BE A CONCRETE SLAB FOR THE ENTIRE SURFACE, UH, PAVED AROUND THE BUILDING, SIR. SO PAVED AROUND THE BUILDING, SO YES SIR. SO, SO ELIMINATION OF THE BUFFER WITH NOTHING BUT CONCRETE THEN, RIGHT? SO YES SIR. OKAY. YEAH. THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT? RAGMAN YOU, YOU MEAN, DID I HEAR YOU SAY AT SOME POINT THAT, THAT YOU WERE AGREEING WITH A BUFFER IN THE FRONT TO ELIMINATE NOISE? YEAH, I'M OKAY WITH SOME BUFFER IN THE FRONT. UH, THE ACTUAL REQUEST WAS TO ELIMINATE THE BUFFER ON THE WEST AND THE SOUTH SIDE, UM, BECAUSE OF THE, THE WAY THE PROPERTY'S SET UP THERE. BUT THE IMPORTANT ONE IS THE ONE ON THE WEST SIDE BECAUSE THE BUILDING'S ALREADY SET UP FOR THE PLAN THAT WAY THERE'S A SEPTIC SYSTEM GOING IN THERE ON THE SOUTH SIDE AND THERE'S A 10 FOOT BUFFER BETWEEN THE SEPTIC [02:40:01] SYSTEM, SPRINKLERS AND THE FENCE ANYWAYS, UH, CAN PUT TREES THERE OR A LANDSCAPE BUFFER, NO PROBLEM. UH, BUT THE WEST SIDE IS THE REAL, THE REAL ISSUE FOR THE PLANS THAT THEY'VE DESIGNED. OKAY. BUT YOUR APPLICATION SAYS TO ELIMINATE THE BUFFER ON THE WEST AND THE NORTH. MY ORIGINAL APPLICATION SAID THE SOUTH MA, IT GOT OKAY. CHANGED UP AND THEN, UH, OKAY. SO ARE YOU NEEDING, ARE YOU NEEDING TO ELIMINATE THE BUFFER ON THE SOUTH AS WELL? UH, THAT WAS THE ORIGINAL REQUEST AND THOSE ARE THE LETTERS I HAVE FROM THE NEIGHBORS ON THE SOUTH AND THE NEIGHBORS ON THE WEST. BUT AGAIN, THE, THE SOUTH DOESN'T MATTER, I DON'T HAVE ANY INTENT TO BUILD OR FILL THAT 15 FOOT OF SPACE WITH ANYTHING. I ONLY NEED TO REALLY TAKE CARE OF THE WEST SIDE OF IT. OKAY, SO YOU DON'T NEED A BUFFER ELIMINATION ON THE SOUTH? NO, MA'AM. OKAY. SO THE WAY IT'S READING RIGHT NOW, YOU'RE REQUESTING AN ELIMINATION ON THE NORTH AND THE WEST, BUT YOU'RE SAYING THAT YOU AGREE WITH STAFF THAT YOU SHOULD HAVE ONE ON THE NORTH, RIGHT? IT KIND OF, IT ACTUALLY SHIELDS THE PROPERTY A LITTLE BIT FROM PUBLIC VIEW. IT GIVES A LITTLE BIT OF SECURITY ENHANCEMENT AS WELL JUST FROM UH, CLOSING THE VIEW. OKAY. AND UH, IT, SO HOW MUCH OF A BUFFER ARE YOU CONSIDERING ON THE NORTH? UH, THE LANDSCAPE PLANS HAVE PUT TOGETHER I THINK THE FULL 15 FEET AND I'M GOOD WITH THAT. THERE'S A 14 FOOT EASEMENT WITH C P S UNDER AT THE PROPERTY LINE ANYWAYS, I CAN'T REALLY DO MUCH WITH, ANYHOW. OKAY. SO THAT DOESN'T MA MAKE MUCH DIFFERENCE TO ME THERE. OKAY. SO TRULY WHAT YOU'RE LOOKING FOR IS THE ELIMINATION OF THE 15 FOOT BUFFER TO THE WEST. YES MA'AM. DID YOU WANNA AMEND YOUR APPLICATION THEN TO REMOVE THE NORTH? BECAUSE THAT MAY HAVE SOME IMPACT ON THE BOARD'S DECISION BECAUSE THE WAY THE APPLICATION IS READING RIGHT NOW IS ELIMINATION WEST AND NORTH. RIGHT? RIGHT. SO DID YOU WANNA AMEND IT TO YES, I CAN AMEND THAT. ELIMINATE, YES MA'AM. ELIMINATE THE, I I GOT, I RECEIVED THE EMAIL THAT IT WAS NORTH AND WEST AND I EMAILED BACK THAT IT WASN'T THE NORTH, IT WAS THE SOUTH. UM, BUT I DIDN'T GET A RESPONSE ON THAT. SO YES, I'M WILLING TO AMEND THAT BECAUSE I DON'T NEED THE, I DON'T NEED IT TAKEN AWAY ON THE NORTH SIDE. COULD YOU VERBALIZE THAT? UH, Y YES, I WILL, UH, AMEND IT TO TAKE OFF THE NORTH. YES MA'AM. SORRY, ON WHICH SIDE? ON THE NORTH SIDE? YES MA'AM. THANK YOU MR. MANNA. I THOUGHT MR. ZUNIGA, DO YOU HAVE A QUESTION? OKAY, MR. MANNA. OKAY. MANNA. SO, SO I'M TRYING TO UNDERSTAND THIS MAP HERE. SO, SO YOU, IT'S GOT SQUIGGLY LINES AND EVERYTHING. I'M TRYING TO FIGURE OUT WHERE THE DOORS ARE. YOU, I GUESS WHERE THE ACCESS IS AND SO, SO HOW SOMEONE WOULD DRIVE IN AND, YOU KNOW, BASICALLY UTILIZE THIS FACILITY. SO TRY SO, AND TRYING TO UNDERSTAND THE WEST SIDE. SO, SO YES SIR. YOU, SO, UM, YOU KNOW THE, OKAY, IS THIS EAST SIDE OF THOSE LONG ONES NOT AVAILABLE FOR ACCESS OR, OR BOTH SIDES, SIR? YES SIR. SO BOTH SIDES ARE AVAILABLE? YEAH. SO I'LL GIVE YOU A RUN OUT. THIS IS, UH, DESIGNED AS 20 FEET LONG BY 30 FEET WIDE, UH, DIVIDED DOWN THE MIDDLE HERE WITH DOORS OPENING ON FRONT SIDE AND DOORS OPENING ON THE BACKSIDE. ALL THE BUILDINGS ARE THE SAME. THEY HAVE, UH, SOME DOORS ON THE BACK AND DOORS ON THE FRONT. THEY'RE ALL SPLIT DOWN THE MIDDLE. THESE ONES HERE ARE ALL 130 FEET BY 20 FEET, UM, DIVIDED HALFWAY THROUGH THE MIDDLE WITH DOORS ON OPEN ON THE FRONT SIDE AND THE BACK SIDE OF EACH BUILDING. SO BOTH SIDES OF THE BUILDINGS ARE ALL, UH, ACCESSIBLE, IF THAT MAKES SENSE. SO EACH OF THESE BUILDINGS ON THE FRONT, UH, ON THE BACK SIDE, I GUESS THE SOUTH SIDE AND THE NORTH SIDE OF EACH BUILDING IS GONNA HAVE DOORS ON IT. EACH, EACH SET OF BUILDINGS WILL HAVE DOORS ON THE SOUTH AND NORTH SIDE HERE AND HERE. SO BASICALLY YOU, YOU COULD COME IN IF YOUR, IF YOUR ROOM, IF YOUR STORAGE IN THIS BUILDING, YOU WOULD ACCESS IT FROM THE FRONT HERE OR THE BACKSIDE. IF IT WAS IN THIS BUILDING HERE, IT WOULD BE ACCESSED FROM THE BACKSIDE OR THE FRONT SIDE OR ANY OF THESE OTHER BUILDINGS. IT WOULD BE ON EITHER THE NORTH OR THE SOUTH SIDE OF EACH OF THESE BUILDINGS. THEY'RE ALL DESIGNED SIMILAR TO THE SAME. AND SO THE DISTANCE ON THE WEST SIDE OF THE MOST, I GUESS OF THE THREE LONG WESTERN, UH, STORAGE UNITS, THE DISTANCE BETWEEN THAT AND THE SIDE PROPERTY LINE IS, THAT'S 20 FEET, SIR. THAT'S 20 FEET THERE. YES SIR. AND SO, SO, UM, OKAY. ALRIGHT. MR. MATT DOES THAT CONCLUDES YOUR QUESTIONING. THANK YOU. ANY OTHER QUESTIONS? SOON GO MR. ZUNI, GO. SO YOU, YOU DON'T WANT TO PUT A PROPERTY, UH, A BUFFER ON THAT SIDE OF THE PROPERTY? MY, MY CONCERN IS THAT, UH, YOU KNOW, THE NEIGHBORHOOD, WHAT, YOU KNOW, I MEAN THE NEIGHBORHOOD AS IT IS RIGHT NOW, YOU KNOW, IT'S NOT THAT GOOD IN, IN IN PLACE THERE IN RIGHT SIR. VEHICLE CORONA. SO I DON'T WANNA ADD ANYTHING. I'M LOSING MY VOICE HERE. I DON'T LIKE TO PUT ANYTHING IN THERE THAT WOULD HARM 'EM MORE THAN WHAT THEY ARE HARM RIGHT NOW. SO, YOU KNOW, FOR YOU TO SAY, HEY, I DON'T NEED THE BUFFERS THERE ON THE WEST SIDE. RIGHT. THE S SIDE ON IT, YOU KNOW, I MEAN, I DON'T AGREE WITH THAT. RIGHT. SO WHAT, WHY WOULD, WHAT IS YOUR HARDSHIP [02:45:01] ON NOT PUTTING THE BUFFERS AROUND? WELL, THE HARDSHIP IS, I KNOW YOU SAID NOT TO HAVE A FINANCIAL HARDSHIP, BUT THE HARDSHIP IS, IS THAT WITH THE PLANS THAT WE DID WITH INTREPID HERE, UM, WE'VE ONLY GOT ABOUT 25 FEET HERE BETWEEN THE FLOOD ZONE ON THE, ON THE EAST SIDE, THE FLOOD ZONE AND THE EDGE OF THE BUILDINGS. AND WE'VE ALREADY HAD TO PURCHASE THESE BUILDINGS SO THEY COULD SUBMIT FOR THE, UH, UM, FOR THE PERMITS, FOR THE VERTICAL CONSTRUCTION PERMITS. YOU ALREADY HAVE THE SITE PLAN? YEAH, THE SITE, THIS IS THE SITE PLAN. THERE'S MORE TO IT THAN JUST THIS, THERE'S MORE PAGES. BUT WE HAD TO PURCHASE THESE BUILDINGS, PREPAID THESE BUILDINGS ALREADY SO THAT THEY COULD GET THE, UH, PLANS FOR THE BUILDINGS IN ORDER TO TURN IN FOR THE, TO THE CITY FOR THE, UH, VERTICAL CONSTRUCTION, WHICH THEY WOULD NOT RELEASE THOSE PLANS WITHOUT PURCHASING THE BUILDINGS. AND SO MY, THE, THE ISSUE I HAVE IS IT, IT, IT FROM, FROM ON THE WEST SIDE HERE, THERE'S, THERE'S NOT ROOM TO SHUFFLE THAT HOLE SET 15 FEET WITHOUT GOING IN THE FLOOD ZONE. AND UH, UH, LIKE I SAID, I'M WORKING WITH MR. ALLEN TO, HE'S BEEN INTERESTED IN SELLING THE PROPERTY. THAT'S THE EASIEST WAY TO DO IT. I UNDERSTAND. UH, BUT HE JUST, UM, NOT QUITE READY ON, ON THE COST AND THINGS. YEAH, HE, HE, HE SAID HE'S GOOD WITH A, WITH A PRIVACY FENCER OR WHATEVER JUST TO PUT UP BETWEEN THE TWO. OH, THE LADY HERE THAT AGREED WITH YOU, THE OTHER PROPERTY OWNER? YES, SIR. BUT TO MY CONCERN, IT'S A WHOLE NEIGHBORHOOD THERE. RIGHT. FIRST YOU HAD WELL LONG HISTORY. THE SEWERS, SEWERS FROM THE SEWERS PLANT, YOU KNOW, WHEN IT RAIN IT CAME IN. NOW, YOU KNOW, I MEAN, THEY WANT TO PICK IT UP, YOU KNOW, SO THANK YOU. YES, SIR. ORIAN ORIAN. YEAH. SO FOR THE APPLICANT, YOU HAD MENTIONED THAT YOU COULDN'T SCOOT IT OVER 15 FEET. HOW MUCH COULD YOU SCOOT IT OVER? COULD YOU DO FIVE FEET? I PROBABLY COULD DO FIVE FEET AND I PROBABLY COULD. UH, I THINK WE'VE GOT 30 FEET BUFFER COMING IN OR 30 FOOT LANE BETWEEN THE WESTERN SIDE BUILDINGS AND ALL THE, UH, PERPENDICULAR BUILDINGS GOING EAST AND WEST. I MEAN, FI FI FIVE FEET IS BETTER THAN, THAN NOTHING. RIGHT. AND SO, AND SO THAT, THAT COULD POSSIBLY BE SHORTENED AS WELL, BECAUSE I THINK THEY TOLD ME THAT, UH, FOR THE FIRE LANE NEEDS TO BE 26 FEET, WE JUST TRY TO GET 30 FEET TO HAVE A LITTLE EXTRA. WELL, 26 IS FOR AN AERIAL LANE. ARE YOUR BUILDING'S OVER 30 FEET TALL? RIGHT? YOUR BUILDINGS AREN'T OVER 30 FEET TALL, ARE THEY? OH, NO, SIR. THEY'RE, UH, LIKE NINE FEET TALL. YEAH. SO YOUR FIRE LANE'S IT'S 20 FOOT WIDE. 20 FOOT WIDE. SO YOU HAVE, UH, 26 TO ADJUST FEET AND HIGH, BUT YOU GOT, IF YOU COULD DO FIVE FEET, THAT, THAT WOULD BE SOMETHING, RIGHT? YES SIR. I COULD DO THAT. ALL RIGHT, THANK YOU. ALRIGHT, THANK YOU MR. OREN. ANY OTHER QUESTIONS FOR THE APPLICANT? THANK YOU, SIR. THAT, UH, LET, LET'S SEE IF STAFF, IF WE HAVE ANYBODY SIGNED UP TO SPEAK AND, AND SPEAK. WE GOT, UH, ONE VOICEMAIL AND ONE SPEAKER. GO AHEAD AND DO THE VOICEMAIL. WELCOME. MARTINEZ 1522 SAN RAFAEL, SEVEN EIGHT TWO ONE FOUR TWO TEN THREE NINE THREE SIX NINE FOUR FOUR REGARDING CASE 0 1 4. UM, 9 3 3 6 WEST LOOP FOUR 10. UM, I LOOK UP THE ADDRESS, IT DOESN'T EXIST AND IT SAYS 9 3 3 6 WEST LOOP FOUR 10. UH, THERE IS A 9 3 3 6 SOUTHEAST LOOP FOUR 10 AND THE 9 3 3 6 SOUTHWEST LOOP. FOUR 10 I THINK UNTIL THIS IS CORRECTED. UH, IT NEEDS TO BE, UH, IT NEEDS TO, UH, BE CORRECTED BEFORE IT MOVES ON. BUT ANYWAY, 9 3 3 6 WEST LOOP FOUR 10 CAN'T FIND IT, BUT LIKE I SAID, THERE IS A SOUTHWEST LOOP FOUR 10 AND THERE IS A SOUTHEAST LOOP FOUR 10. THANK YOU FOR YOUR CONSIDERATION. DID WE GET A SUPPORT OR NON-SUPPORT? UH, SO THE, THE OFFICIAL WORD ON THIS IS THE LEGAL DESCRIPTION. UM, BUT WE USED A BEXAR COUNTY ADDRESS ASSIGNED TO THIS PROPERTY, WHICH IS WEST L FOUR 10. OKAY. UM, JUST TO SIMPLIFY IT. UM, BUT THE LEGAL IS CORRECT ON THIS PROPERTY. OKAY. IT SHOULD BE 93 66 SOUTHEAST LOOP FOUR 10. RIGHT. I THINK ONCE YOU START DOING YOUR PERMITS, IT'LL ASSIGN YOU YOUR ADDRESS. IT'S JUST NOT ASSIGNED YET. THAT'S ALL THE LEGAL DESCRIPTION STATES WITH THE PROPERTY THOUGH, RIGHT? YEAH, I'VE I'VE GOTTEN THE APPROVED PAPERWORK FOR IT, BUT IT'S JUST NOT QUITE YEAH. TAKEN YOU AND THE VOICEMAIL THAT WE HEARD WAS NEITHER IN SUPPORT OR OPPOSITION. SHE WAS JUST SAYING . I DIDN'T HEAR A, UH, OPPOSITION OR P I DIDN'T NOTION EITHER. OKAY. THANK YOU. AND THAT WAS THE ONLY PUBLIC? UH, WE HAVE ONE SPEAKER. UM, MR. ROB CARNEY. OH, KERRY, THAT, THAT'S ME, SIR. DISREGARD. YES, SIR. ALRIGHT, WELL THE FLOOR'S YOURS IF YOU WANNA HAVE ANY REBUTTAL ON THAT'S CLOSING REMARKS. THAT, THAT'S IT. OKAY. JUST THANKS FOR HEARING ME. AND SO WE HEARD THE, UH, THE REQUESTED, UH, POTENTIAL AMENDMENT ON A MOTION FOR A FIVE FOOT VARIANCE. UM, LET'S [02:50:01] SEE IF WE HAVE, SO MAKER, UM, A MOTION, UH, MAKE THE MOTION MR. IAN, MS. IAN? YEAH, REGARDING CASE NUMBER VOA DASH 23 DASH OH THREE FOUR, I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED REQUEST FOR A 10 FOOT VARIANCE FROM THE REQUIRED 15 FOOT BUFFER TO ALLOW A A FIVE FOOT BUFFER ON THE WEST SIDE OF THE PROPERTY, SITUATED AT 9 3 3 6 WEST LOOP FOUR 10, APPLICANT BEING ROBERT CAREY. 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 LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS A MINIMUM WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT THAT VARIANCE IS ONE. THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE REDUCED BUFFER WILL LEAVE ENOUGH ROOM BETWEEN PROPERTIES TO REDUCE NOISE. AND SO IT IS NOT CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE AUDIENCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE FULL LANDSCAPE BUFFER WOULD REDUCE THE AMOUNT OF SPACE THE APPLICANT CAN BUILD ON THE PROPERTY. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE AUDIENCE 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 REDUCED LANDSCAPE BUFFER WILL OBSERVE THE SPIRIT OF THE ORDINANCE AS IT WILL LEAVE SPACE BETWEEN PROPERTIES FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO OTHER USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REDUCED LANDSCAPE BUFFER WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT PROPERTY AS A BUFFER VARIANCE IS BEING SOUGHT AFTER OR NOT ON SIDES DIRECTLY BORDERING OCCUPIED PROPERTIES. SIX, APPLIED TO THE OWNER OF THE PROPERTY FOR THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY, ARE NOT MERELY FINANCIAL AND NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY, OF WHICH THE REDUCED LANDSCAPE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE LOCATION OF THE, OF THE PROPERTY. END OF MOTION. SECOND. SECOND. OKAY. MR. ORIAN, WOULD YOU LIKE TO PROVIDE SOME COMMENTS? YES. UH, HE'S PROVIDING A BUFFER ON THE NORTH. HE'S PROVIDING A BUFFER ON THE SOUTH AND WITH A FIVE FOOT BUFFER ON THE WEST, I THINK HE'D BE FINE. UH, WITH THE ORIENTATION OF THE NEIGHBORING RESIDENTIAL TO THE WEST, BEYOND THE VACANT LOT TO THE WEST, IT'S SITUATED AS A CUL-DE-SAC LAYOUT. SO, UH, WHEN, AND DUE TO THE ACCESS OF THIS PROPERTY, THAT'S MOST LIKELY THAT THESE WILL BE THE REAR YARDS OF THE HOMES AND NOT THE SIDES. SO I DON'T HAVE A PROBLEM WITH IT AS READ, UH, MR. MENNA, UM, I CONCUR WITH MY COLLEAGUE AND ALSO JUST, YOU KNOW, THAT THERE STILL IS A BUFFER SO THAT, SO THE BUFFER WILL HAVE REQUIREMENTS FOR, UH, APPROPRIATE VEGETATION THAT, SO I THINK MAINTAINING THAT WILL PROVIDE THE, THE SCREENING, I THINK THAT IS BENEFICIAL TO THE NEIGHBORING PROPERTY. THANK YOU. AND AGAIN, WE DENIED, UH, VOTES FOR CONCURRENCE. SO IF THERE'S ANY OPPOSITION AS JUST A COURTESY, WE'D LIKE TO SEE IF, YOU KNOW, HEAR THAT OUT. IF, IF THAT'S THE CASE. SO LET'S TAKE A ROLL CALL. VOTE CHAIR. ORIAN. I, I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. MENCHACA. I CONCUR. MR. ZUNIGA. I CONCUR. MS. KAPLAN I CONCUR. MR. VASQUEZ. I CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. UNA? YES, I CONCUR. UH, WITH UNANIMOUS THE CONSENT, THE MOTION, UH, WITH THE AMENDED VARIANCE DOES PASS. GOOD LUCK WITH THE PROJECT. THANK YOU. THANK YOU VERY MUCH. YEAH. ALL RIGHT. NEXT CASE, PLEASE. BO O A DASH 23 DASH 0 3 0 0 0 1 5 AT 10 10 WEST WILDWOOD DRIVE IN COUNCIL DISTRICT ONE, THE APPLICANT IS OMAR TRAVINO, AND THE REQUEST IS FOR A ONE FOOT VARIANCE FROM THE FIVE FOOT MINIMUM REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE ON THE PROPERTY LINE WITH FOUR FEET OF CREDIT FROM THE ALLEY AND ITS ZONED. R FOUR. THE SUBJECT PROPERTY IS LOCATED ALONG WEST WILDWOOD DRIVE ON THE NORTH CENTRAL SIDE OF SAN ANTONIO. D. APPLICANT IS REBUILDING HIS SHED AS AN ACCESSORY DWELLING UNIT AND REQUESTED AN ADJUSTMENT FOR THE REAR SETBACK IN WHICH AN EIGHT FOOT ALLEY WILL GIVE THEM A FOUR FOOT REAR SETBACK CREDIT. THIS IS THE SITE PLAN, THE SUBJECT PROPERTY, THE EXISTING STRUCTURE. AND THIS IS THE MEASUREMENT FROM THE SIDE, JUST SHOWING THAT THEY WOULDN'T NEED AN EXCEPTION FOR THE SIDE. AND THIS IS THE MEASUREMENT OF THE ALLEY, JUST A WIDE VIEW OF THE ALLEY AND THE SURROUNDING AREA. STAFF RECOMMENDS APPROVAL IN BO O A DASH TWO THREE DASH 1 0 3 0 0 0 1 5 BASED ON THE FOLLOWING FINDINGS OF FACT. ONE, THERE'S ADEQUATE SPACE BETWEEN THE STRUCTURE AND THE NEIGHBORING PROPERTIES, AND TWO, IT WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. [02:55:02] STAFF MELT OUT 35 NOTICES. NONE IN FAVOR, NONE IN OPPOSITION, AND NO RESPONSE FROM THE NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF PRESENTATION AND OUR APPLICANT IS PRESENT. THANK YOU. WILL THE APPLICANT PLEASE COME FORWARD AND STATE YOUR NAME FOR THE RECORDS PLEASE? GOOD. A GOOD AFTERNOON. MY NAME IS OMAR TREVINO. I'M THE OWNER OF, UH, 10 10 WEST WILDWOOD. I, UH, PURCHASED A PROPERTY, UH, ABOUT A YEAR AGO, AND I I SAW THAT, THAT, UH, THE TENANTS THAT, THAT WERE THERE, UH, THEY WERE PARKING IN THE FRONT. SO I, I ALSO NOTICED THE STRUCTURE IN THE BACK THAT, UM, THE CARPORT, UM, THEY COULDN'T GET TO IT BECAUSE ON THE DRIVEWAY ON THE SIDE, UH, I GUESS THEY, YOU KNOW, THEY DIDN'T, THEY HALF-ASSED IT OR, OR SOMETHING. THEY DIDN'T DO IT RIGHT. AND THEY, UM, THERE'S LIKE A, LIKE A FOOT OR HALF A FOOT, YOU KNOW, YOU CAN'T SEE IT. I MEAN, I, I HAVE PICTURES OF IT, BUT, UM, SO THEY CAN'T DRIVE ALL THE WAY BACK THERE. SO EVERYBODY'S PARKING IN THE FRONT. THEY'RE PARKING IN THE FRONT YARD, LIKE, LIKE YOU SEE IN THE PICTURE RIGHT THERE, THE OTHER ONE THERE. AND THAT'S NOT EVEN LIKE HALF THE CARS. SO OVER HERE ON TO THE, TO THE RIGHT HAND SIDE, THAT'S THE DRIVEWAY. AND THAT'S WHERE THEY HAVE THE, THE, THE PIECE OF CONCRETE, OH, I'M SORRY. UH, RIGHT THERE. AND, UH, THERE'S NO CONCRETE OVER HERE, BUT THERE'S A LITTLE PIECE OF CONCRETE RIGHT THERE. AND WHEN YOU PASS THAT CONCRETE, THERE'S LIKE A HALF A FOOT, UH, DROP AND THEN IT GOES ALL THE WAY TO THE BACK TO THE CARPORT. SO, UM, I BOUGHT THE PROPERTY. I PUT ABOUT $10,000 INTO IT, NEW WINDOWS. I'M FIXING UP THE, UH, THE OWNER THAT HAD IT BEFORE ME. HE HAS THE, THE PROPERTIES, UH, THAT ARE NEXT TO IT. UH, BUT HE'S SIGNED UP FOR A LONG TIME. HE'S ON HIS WAY OUT. SO WHAT I'M PRACTICALLY TRYING TO DO IS, UH, FIX IT UP AND, UH, FIX UP THE CARPORT IN THE BACK. BUT ALSO I WOULD LIKE TO, YOU KNOW, IF I CAN, UH, PUT UH, LIKE A LITTLE EFFICIENCY ON TOP SO I CAN RENT IT. AND THAT'S WHERE I'M AT RIGHT NOW. SO, SO QUESTION, DO YOU, DO YOU LIVE IN THE MAIN, THE MAIN NO. STRUCTURE? NO. YOU DON'T LIVE IN THE MAIN STRUCTURE? NO. AND YOU HAVE AN ACCESSORY DWELLING UNIT IN THE BACK. DO YOU RENT THAT OUT AS WELL OR IS THAT A SEPARATE WELL, IT'S, UM, ACTUALLY IT'S A, A TWO BEDROOM, ONE BATH IN THE FRONT AND IN THE BACK OF IT, IT'S, UH, ONE BEDROOM TOGETHER. BUT THE SAME BUT THE SAME TENANT ON THE SAME TENANT FOR THE FRONT, FOR THE, NO, NO, THEY'RE TWO DIFFERENT TENANTS. IS THE PROPERTIES M MULTIFAMILY, UH, I DUNNO, , IT'S, UH, THAT TO B TO R FOR CONVERSION. SO IT, IT, UH, ALLOWS FOR A DUPLEX. OKAY, GOT IT. SO THAT WOULD CONSIDERED A DUPLEX AS A, AS A FOR THE MAIN, FOR THE MAIN STRUCTURE. CORRECT. OKAY. AND HE'S ALLOWED TO HAVE THE ACCESSORY DWELLING ONLY IF THE PROPERTY OWNER LIVES THERE. SO IF YOU'RE, IF YOU ARE WANTING TO DEVELOP THAT REAR STRUCTURE INTO A RENTAL PROPERTY, YOU HAVE TO LIVE ON THAT PROPERTY OR YOU HAVE TO DO A REZONING. OKAY. YOU CAN STILL BUILD A STORAGE OR WHATEVER YOU'RE TRYING TO DO RIGHT NOW. AND THEN ONCE YOU GET AN ACCESSORY DWELLING THAT REQUIRES A REZONING OR YOU LIVING ON THE PROPERTY. OKAY, SO I CAN COME BACK AND REZONE, WELL, THAT'S NOT US. THAT'D BE THE ZONING BOARD. THE ZONING, OKAY. YEAH. SO THAT, THAT'S WHEN YOU MENTIONED THAT AND NOT BEING THE MAIN TENANT OF THE BUILDING. YEAH. SO THE ACCESSORY DWELLING ONLY COMES INTO PLAY WHEN YOU'RE THE OWNER AND YOU LIVE IN THE PREMISES. I'M NOT AND WE'VE HAD NO, NO, NO. IT'S, IT'S A, IT'S A RENTAL PROPERTY. YEAH, YEAH, YEAH. BUT YOU HAVE TO BE, I HAVE TO BE THERE OWNER, RESIDENT DWELLING UNIT OCCUPIED BY THAT MAIN STRUCTURE IN ORDER TO HAVE THE ACCESSORY DWELLING, UH, LEASED OUT TO A TENANT. BUT, BUT CAN I STILL, UM, I KNOW I HAVE TO RESOLVE IT, BUT RIGHT NOW CAN I STILL KIND OF BUILD, BUILD IT AND KIND OF NOT, NOT LIVE IN THERE? THIS, WE, THEY ARE ONLY LOOKING AT THE SETBACKS FOR YOUR, OKAY. UM, THIS COULD BE AN ACCESSORY STRUCTURE. OKAY. YEAH. YOU JUST CANNOT HAVE ANYBODY LIVING THERE. NO, NO, NO. THEY'RE ONLY CONSIDERING THE SETBACKS. THAT'S ALL THEY'RE DOING. OKAY. NO, THANK YOU. ALRIGHT, DO WE HAVE ANY QUESTION FOR THE APPLICANT? ANY QUESTIONS? IS THERE ANY PUBLIC, UH, COMMENT OR PUBLIC OPINION ON, THERE'S NO PUBLIC COMMENT. OKAY. WOULD YOU LIKE TO HAVE ANY, UH, FINAL, UH, COMMENTS MR. TREVINO BEFORE WE CLOSE THE PUBLIC PORTION? NO. OKAY. UH, HEARING NONE, DO WE HAVE A MOTION FROM THE BOARD? MANNA MR. MANNA, UH, REGARDING CASE NUMBER BOA 2 3 1 0 3 0 0 1 5 AND MOVED THE BOARD OF ADJUSTMENT GRANT REQUEST FOR A ONE FOOT VARIANCE FROM THE FIVE FOOT MINIMUM REAR SETBACK REQUIREMENT TO ALLOW STRUCTURE TO BE IN THE PROPERTY LINE WITH FOUR FOOT CREDIT FROM THE VALLEY SITUATED AT 10 10 WEST WILDWOOD DRIVE, APPLICANT BEING TINO, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF [03:00:01] THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. UH, THERE IS ADEQUATE SPACE BETWEEN STRUCTURE AND NEIGHBORING HOUSES. AND SO IT IS NOT CONTRARY TO PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNN IN AN UNNECESSARY HARDSHIP AS THERE IS ALREADY AN EXISTING STRUCTURE. THREE, BY GRANTING THE VARIANCE, THE SPARE 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 REDUCED REAR SETBACK REQUIREMENT IS IN THE SPIRIT OF THE ORDINANCE, AS THERE IS AN ALLY THAT PROVIDES ADEQUATE SPACE BETWEEN THE STRUCTURE AND ADJACENT PROPERTIES. FOR THE VARIANCE WILL NOT AUTHORIZE THE AUTHORIZATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, IN WHICH IS VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED. THE REDUCED REAR SETBACK REQUIREMENT WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES AS THERE IS AN ALLEY IN THE REAR SIX APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING IN 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, WHICH HIS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER FOR THIS PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS, UH, DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE LOCATION OF THE PROPERTY AND THE MOTION. THANK YOU, SIR. UH, SECOND MR. ZUNIGA. SO, UM, I WILL BE VOTING, UH, IN FAVOR OF THIS AND, UM, FOR A COUPLE OF REASONS. ONE IS, AS I GOOGLE DRIVE DOWN THE STREET, I SEE THAT, UH, LIKE FOUR OR FIVE HOUSES IN A ROW HAVE, UM, PRETTY MUCH THE SAME EXACT STRUCTURE. THIS IS AN OLDER STRUCTURE, UH, THAT'S BEING REPLACED. SO, SO I WILL BE, UH, I GUESS GRANTING THIS, BUT JUST A NOTE TO THE APPLICANT THAT ANY OTHER CHANGES TO THIS WILL REQUIRE, UM, PERMITS AND ZONING CHANGES AND STUFF, YOU KNOW, AND SO JUST BE AWARE THAT REALLY ALL WE'RE VOTING ON IS THE ACCESSORY STRUCTURE. SO THANK YOU. DECEMBER. YEP. MR. ZUNIGA, NO OTHER. OKAY. I WOULD ASK FOR A ROLL CALL. VOTE PLEASE. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. ZUNIGA. I CONCUR WITH THE FINANCE FACT. MR. SPIELMAN. I CONCUR. MR. MENCHACA. I CONCUR. MS. KAPLAN I CONCUR. MR. VASQUEZ. I CONCUR. MS. BRAGMAN I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN. I ALSO INCUR WITH THE FINDINGS OF FACT. ALRIGHT, WITH NINE IN FAVOR, ZERO IN OPPOSITION. THE, UH, VARIANCE THUS PASSED. GOOD LUCK. AND YOU'VE HEARD ALL THE DISCUSSION ABOUT THE THANK YOU ACCESSORY DWELLING UNIT. PLEASE COMPLY. THANK YOU. ALRIGHT, LAST CASE CHAIR. ZUNA? YES. UH, THIS, THIS ONE IS, IS STAFF FORCE COMMITTING A FULL DENIAL? I DON'T KNOW IF THEY, UH, YEAH. SO ANYWAY, YEAH. UH, WE'LL TAKE THAT. WELL, THIS IS THE SAME WAY AS THE OTHER ONES, OR, OR DO YOU WANT TO OFFER ANYTHING? YEAH, SO WHAT WE'LL OFFER AS A COURTESY TO THE, UM, APPLICANT, YOU KNOW, IT'S GONNA REQUIRE THE UNANIMOUS, UH, VOTE FROM THE BOARD HERE 'CAUSE WE'RE ONLY NINE AND PANELED OF A NORMAL 11 MEMBERS OF THE BOARD. UH, I GUESS WE'LL START LISTENING TO THE CASE AND SEE IF THERE'S ANY OPPOSITION THAT I'D ASK. AS A COURTESY, WE PUT POTENTIALLY, UH, ASK FOR A CONTINUANCE OR, OR THE APPLICANT NEEDS A TRANSLATOR. UH, AN INTERPRETER AS WELL. OKAY. OKAY. I THINK SHE'S COMING. STAFF. DO WE KNOW IF WE HAVE ANYBODY SIGNED UP IN OPPOSITION FOR THIS CASE? ANY PUBLIC COMMENT? WE HAVE TWO PEOPLE SIGNED UP TO SPEAK, UH, INDICATING THAT THEY'RE AGAINST. OKAY. AND THEN FOR STAFF AS WELL, IS THERE ANY WRITTEN RESPONSE? [03:05:03] YES, SIR. YEAH, WE HAVE IT HERE. THIS IS THE, THIS IS THE WRITTEN RESPONSE FROM THE MAILER ORIAN STORY. I WOULD JUST, YEAH. 'CAUSE HE'S, THEY'RE THE APPLICANT'S ASKING FOR FOUR VARIANCES. STAFF ISN'T RECOMMENDING ANYTHING. I WOULD JUST PROBABLY START OFF ASKING IF THEY WANT TO CONTINUE. YEAH, I, I SEE WE HAVE SOME, UM, PUBLIC COMMENT THAT ARE LINE, UH, PROBABLY SIGNED UP TO SPEAK AND OPPOSITION AND WE'LL PROBABLY WANT TO HEAR THEM OUT AS A COURTESY TO ALLOW THEM TO SPEAK AND THEN, UH, MAKE A DECISION ON, ON A CONTINUANCE OF WHATNOT. SO, DOES THAT MAKE SENSE? OKAY. UM, WE'RE GONNA START WITH THE STAFF PRESENTATION. YEAH. STAFF. DO YOU WANNA BEGIN YOUR SECOND? OKAY. 1, 1 1 4. LEE HALL COUNCIL DISTRICT ONE APPLICANT ISRAEL GONZALEZ. THE REQUESTED VARIANCES ARE FOR ONE A FIVE FOOT SIX INCH VARIANCE FROM THE 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE FOUR FOOT SIX INCHES FROM THE PROPERTY LINE. TWO, A FOUR FOOT 11 INCH VARIANCE FROM THE FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT WITH A 12 INCH OVERHANG TO BE ONE FOOT FROM, TO BE ONE INCH FROM THE PROPERTY. LINE THREE, A VARIANCE TO ALLOW A CORRUGATED METAL FENCE IN THE REAR END BACKYARD. AND FOUR, A VARIANCE FROM THE MAXIMUM 50% IMPERVIOUS COVER REQUIREMENT TO ALLOW THE FRONT YARD TO EXCEED THE 50% IMPERVIOUS COVER. ZONED R FOUR. THE SUBJECT PROPERTY IS LOCATED ALONG LEE HALL ON THE NORTH CENTRAL SIDE OF SAN ANTONIO. IT WAS REPORTED BY CODE ENFORCEMENT SERVICES FOR BUILDING A CARPORT WITHOUT A PERMIT. ON THE SITE VISIT, STAFF NOTICED THAT THE CARPORT WAS FOUR FOOT SIX FROM THE PROPERTY LINE, FIVE FOOT SIX INCHES SHORT OF THE 10 FOOT FRONT SETBACK REQUIREMENT. AND STAFF ALSO NOTICED AN OVERHANG ON THE CARPORT THAT CROSSES THE PROPERTY LINE. STAFF. STAFF ALSO OBSERVED A CORRUGATED METAL FENCE IN THE REAR END BACKYARDS. AND ON THE SITE VISIT, STAFF ALSO NOTICED THAT THE FRONT YARD EXCEEDED THE 50% LIMIT. THIS IS THE SITE PLAN AND THE SUBJECT PROPERTY FRONT SETBACK MEASUREMENT. THE MEASUREMENT OF THE OVERHANG. AND THIS IS A PICTURE SHOWING HOW THE OVERHANG EXTENDS OVER THE PROPERTY LINE AND THE CORRUGATED METAL FENCE AND THE CARPORT IS ATTACHED. THAT'S WHAT THAT PICTURE IS SHOWING. AND THE SURROUNDING AREA STAFF RECOMMENDS DENIAL AND BO O A DASH 23 DASH 0 3 8 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE REDUCED FRONT AND REAR SETBACK, INJURED NEIGHBORING PROPERTIES, AND TWO, NO OTHER CORRUGATED METAL FENCES WERE FOUND IN THE AREA. AND THREE OF THEM PREVIOUS COVER GREATLY EXCEEDS THE 50%. WE MAILED OUT 36 NOTICES. NONE IN FAVOR, ONE IN OPPOSITION, AND THE NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. AND THIS CONCLUDES STAFF PRESENTATION. THANK YOU. UM, LET'S ASK THE APPLICANT TO PLEASE COME FORWARD. SO WHAT AM I GOING TO SAY? IS THAT WHAT HE'S ASKING? WELL, FIRST I WOULD ASK HIM WHY, I'M SORRY. OH, I'M SORRY. PLEASE STATE YOUR NAME FOR THE RECORD. GONZALEZ IGO. MY NAME IS ISRAEL GONZALEZ. I AM HERE BECAUSE OF THE CASE ABOUT MIKE CARPORT. AND THE REASON FOR THAT CARPORT WAS THAT THE WATER WAS GETTING INTO MY HOUSE. HE DOESN'T NEED AN ADDRESS. NO, SIR. HE DOESN'T NEED, MR. ZENGA DOESN'T NEED AN ADDRESS. UM, SO WELL QUESTION I WOULD ASK IS, DID, DID HE BUILD THIS WITHOUT A PERMIT, WOULD BE THE FIRST QUESTION. AND WHY, WHY DID HE BUILD I DID. OKAY. NAME MR. ZUNIGA. IS HE USING THIS AS A BUSINESS? NO. NO. WHAT I WOULD EXPLAIN TO THE APPLICANT, SO THERE'S NORMALLY 11 MEMBERS OF THE BOARD, AND HE TAKES, IT TAKES NINE MEMBERS TO VOTE FOR THE VARIANCE. SO IF THERE'S ANYBODY, THERE'S ONLY NINE MEMBERS HERE, SO IF ANYBODY VOTES AGAINST IT, THE VARIANCE WILL WILL [03:10:01] FAIL. SO WE'RE PROBABLY GONNA LISTEN TO THE CASE, UH, SOME OF THE PEOPLE WHO SPOKE IN OPPOSITION AND THEN DECIDE, UH, WHETHER WE'LL ASK FOR A CONTINUANCE OR, OR TAKE THE VOTE HE'D LIKE, OR IF HE'D LIKE US OR TAKE THE VOTE. OKAY. OKAY. OKAY. THANK YOU. LET'S SEE, ANY OTHER QUESTIONS FOR THE APPLICANT? MANAM, MR. MANAM? SO, UH, WHAT WAS THE DATE THAT YOU BUILT THE CARPORT? UM, AND IT LOOKS LIKE THERE'S TWO STAGES OF THE CARPORT, THE INITIAL CARPORT AND THE SECONDARY CARPORT. DID YOU BUILD THE FIRST ONE AND THEN THE SECOND ONE. OKAY. ABOUT SIX MONTHS AGO. AND THEN, UM, I SEE THAT THE CARPORT GOES ACROSS THE ENTIRE FRONT OF THE YARD OR FRONT OF THE HOUSE. AND IS THERE A REASON THAT THE ENTIRE FRONT IS COVERED WITH THE CARPORT? WELL, BECAUSE, UH, I CAN PUT MY VEHICLES IN FRONT OF THE HOUSE AND ALSO TOWARDS THE FRONT BECAUSE WHENEVER IT RAINS, UM, THE RAIN GETS IN. OKAY. SO, UM, SO BY RIGHT, YOU'RE, WELL, I GUESS YOU CAN PAVE UP TO 50% OF YOUR YARD, UM, FOR, WE'LL SAY FOR PARKING. AND SO, SO YOU ARE PARKING IN A HUNDRED PERCENT OF YOUR FRONT YARD. I DON'T KNOW WHAT TO SAY. OKAY. THANK YOU, SIR. OKAY. MR. SPELMAN? YES. UH, ORIAN. UH, ONE SECOND. MR. OREN, UH, MR. SPELMAN, UM, MR. UM, UM, SORRY. MENCHACA AND THEN MS. OREN, MR. SPELMAN? YES. UM, I WENT BY YOUR PLACE AND IT LOOKS LIKE THERE ARE A COUPLE OF, UH, COMMERCIAL, UH, AIR COMPRESSORS THERE, AND THERE WERE SEVERAL TRUCKS THERE. WHY DIDN'T YOU LOCATE THAT TO THE BACK OF THE PROPERTY? I, I NOTICED YOU'VE GOT GRAVEL ALL THE WAY TO THE BACK OF THE PROPERTY, AND IT LOOKED LIKE THAT WOULD BE AN IDEAL PLACE TO PUT IT. DRYWALL, UHHUH. WELL, THE THING IS THAT I WORK IN DRYWALL AND I HAVE EIGHT PEOPLE WHO, WHO HELPED ME. OKAY. IT, UM, ARE YOU STORING THE, UH, EQUIPMENT, THE, THE LARGE COMPRESSORS ON THE PROPERTY FOR YOUR BUSINESS? WELL, YES, BUT I, I DON'T HAVE THEM ANYMORE. UH, THEY WERE THERE YESTERDAY. THERE WERE TWO LARGE COMPRESSORS THERE, THERE WERE SEVERAL TRUCKS. UH, THAT'S WHAT I DO FOR WORK. I'M, I'M LOOKING FOR A PLACE TO MOVE, BUT EVERYTHING'S REALLY EXPENSIVE. I, I UNDERSTAND THAT FOR WORK. ARE, IS HE, UH, OPERATING A BUSINESS OUT OF THAT RESIDENCE, IS WHAT I'M ASKING HIM? NO, IT'S JUST, UM, MAYBE TWO, THREE MACHINES THAT I KEEP THERE WITH ME. OKAY. IT'S THE ONES THAT I USE FOR WORK. OKAY. SO, SO BASICALLY HE'S TAKING THE EQUIPMENT THAT HE HAS AT, AT THIS RESIDENCE AND THEN GOING IN THE, ON, ON, YOU KNOW, DURING THE WEEK OUT TO DO, UH, HIS REPAIRS AND STUFF. AND, AND THE REASON I'M YEAH, LIKE BUSINESS, HE'S RUNNING THE BUSINESS SIDE OF THE WELL, YES. OKAY. UH, I, I WENT BY AND WHEN I DID, I NOTICED THAT, UH, FROM HIS NEIGHBOR WHO ALSO HAS A LARGE, UH, [03:15:01] YEAH, UH, OVERHANG IT, THE, THE PROPERTY DROPS OFF PRECIPITOUSLY DOWN TO, UH, THE CORNER WHERE THERE'S A, UH, UH, OPENING FOR THE MARTINEZ CREEK'S SPILLWAY. AND, UH, IT, ANYTHING THAT COMES UP, RUNS OFF HIS PROPERTY GOES DIRECTLY INTO THE MARTINEZ CREEK. AND IF HE'S GOT COMMERCIAL, YOU KNOW, UH, BUSINESS GOING ON THERE, ALL THAT'S ENDING UP IN OUR SAN ANTONIO RIVER. IS THAT CORRECT? BUT I DON'T DO ANY WORK THERE. OKAY. IF IT RAINS AND HE HAS THAT EQUIPMENT OUT THERE, ISN'T IT GOING TO RUN OFF THAT EQUIPMENT INTO THE STREET? I HAVE IT IN THE BACK. WE'RE NOT GETTING ANYWHERE. I, I, I JUST DON'T UNDERSTAND YOU. OKAY. MR. MANCHACA? UH, I, I DON'T KNOW IF THE QUESTION WAS ANSWERED. HE, HE, WE HAVE ONE CARPORT. WHEN DID HE BUILD THE FIRST ONE? LIKE SIX OR EIGHT MONTHS AGO? I DON'T REMEMBER EXACTLY. I SEE. BECAUSE I WAS LOOKING AT GOOGLE AND HE SAYS, WATER'S COMING INTO HIS HOUSE WITH A RUNOFF FROM THE SHED FROM THE CARPORT. IS THAT THE WATER THAT WAS GOING INTO HIS HOUSE FIRST BEFORE HE ADDED THE SECOND PART? YES. IT WAS COMING IN THROUGH THE MAIN DOOR BECAUSE OF A CARPORT. WELL, I DIDN'T HAVE ANYTHING. IT WAS JUST THE HOUSE STRAIGHT UP, DOWN, UP AND DOWN. THANK YOU. SO MR. ORIAN, WAS IT, DID YOU HAVE YES, YES. I SO MY QUESTION IS THE PREVIOUS PICTURE. SO HE BUILT ONE CARPORT, AND THEN HE HAD A SIDEWALK GOING FROM THIS FRONT DOOR OUT TO THE PUBLIC SIDEWALK. UH, THEN HE BUILT A SECOND CARPORT AND COMPLETELY PAID THE WHOLE FRONT OF HIS HOUSE. SO FOR, SO MY QUESTION FOR STAFF IS, IS THIS IS THE STRUCTURE THAT IS BUILT OVER THE FRONT DOOR, IS THAT EVEN CLASSIFIED AS A CARPORT OR IS THAT JUST AN ACCESSORY STRUCTURE OF SOME KIND? DO WE HAVE TO LOOK AT IT DIFFERENTLY? IT'S NOT USED FOR PARKING CARS. INTERPRETER WISHES. TO CLARIFY, THE QUESTION WAS ADDRESSED AT THE STAFF, CORRECT? CORRECT, YES. JUST TO STAFF. THANK YOU. THE, UH, PORTION IN THE, TO THE FRONT OF THE DOOR, THAT COULD BE CLASSIFIED AS A PATIO, AN EXTENSION OF A PATIO THAT CONNECTS TO THE CARPORT. UM, BECAUSE THERE'S NO VEHICLES, UH, NORMALLY WOULD BE PARKED THERE. UH, IT LOOKS LIKE THE VEHICLES CAN PARK THERE IF HE MANEUVERS IT CORRECTLY, BUT, UM, IF YOU WANT TO RECLASSIFY SOMETHING ELSE, A PORT OR PORCH, UH, COVER WOULD BE, WOULD BE ACCURATE. AND WHAT, HOW DOES THAT AFFECT, UH, WHAT IS BEING REQUESTED FROM US TODAY? BECAUSE THEY'RE, THEY'RE ASKING FOR, UM, UH, FIVE FOOT, FOR THE FIVE FOOT SIX VARIANCE FROM THE FRONT SETBACK, AND THEN A VARIANCE FROM THE SIDE SETBACK, AND THEN A, A COR GAME, METAL FENCE IN THE REAR. AND THEN A, DOES THAT AFFECT ITEM ONE, UH, WITH THE FRONT SETBACK? NO, BECAUSE DOES THAT LOOK AT DIFFERENTLY? THE CARPORT WAS CONNECTED TO THE HOUSE ANYWAY, AND THAT'S THE WAY WE, UM, SAW IT. SO EVERYTHING'S PRETTY MUCH CONNECTED TO THE HOUSE. THEY'RE ASKING FOR THE SETBACK AS EVERYTHING IS CONNECTED. OKAY. AND THEN THE NEXT QUESTIONS FOR THE APPLICANT. IF YOU WERE CONCERNED ABOUT WATER ENTERING YOUR HOUSE, WHY DIDN'T YOU, YOU JUST BUILD A SMALL, UH, PORCH EXTENSION OR AWNING OR PERHAPS PUT IN GUTTERS. WHY, WHY, WHY THIS VERY, VERY LARGE COVER. SO IT WOULD LOOK BETTER THAT WAY. AND ALSO FOR MY CARS, AND ALSO IN CASE OF HAIL. ALL, [03:20:02] ALL RIGHT. THANK YOU. THANK YOU MR. WAR. MANNA ALL MANNER. AND SO, UM, SO STAFF GOES TO PAGE 97. YOU KNOW, IT DOES SHOW THAT THERE IS A TRAILER PARKED IN THAT NEW, UH, UNDER THAT NEW AREA. SO IT IS BEING USED AS A, UM, YOU KNOW, AS A CARPORT. MR. MANN, WHO ARE YOU DIRECTING THAT QUESTION TO? OH, STAFF. IT WAS, THAT WAS ADDRESSED TO ORIENT. SO HE HAD ASKED A QUESTION ABOUT WHETHER OR NOT IT'S BEING USED AS A, UM, I GUESS AS A PATIO, BUT IT'S, YOU KNOW, WITH THE PICTURE THERE, IT APPEARS THAT IT'S BEING USED AS A CARPORT. 'CAUSE THERE'S A TRAILER BASICALLY PARKED IN IT. SO, YEAH. ALRIGHT. OKAY. THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT? UM, YES. YES. TYPICALLY HOW MANY VEHICLES DO YOU HAVE ON THAT PROPERTY? 'CAUSE WHEN I'VE GONE BY THERE A COUPLE OF TIMES AND THERE'S ALWAYS SEVERAL CARS PARKED UNDERNEATH THE WHOLE STRUCTURE ALL THE WAY AROUND. WELL, THEY BELONG TO THE PEOPLE WHO HELPED ME OUT. AND I ALSO HAVE LIKE FOUR OF MY OWN FOUR OR FIVE FIVE. I, I HAVE ONE OF THEM IN MEXICO. ALRIGHT, THANK, THANK YOU. UH, SO AT THIS POINT WE'RE GONNA ASK IF THERE'S ANY, UH, PUBLIC, UH, COMMENTS OR SOME PEOPLE SIGNED UP TO SPEAK ON THIS, ON THIS VARIANCE. THE FIRST ONE IS MR. OR AR RUDO. MY NAME IS, CAN YOU, COULD YOU PLEASE COME TO THE GOOD AFTERNOON? I ORIGINALLY WAS ONLY, COULD YOU PLEASE STATE YOUR NAME PLEASE? YES, GOOD AFTERNOON. MY NAME IS RO VASQUEZ. GOOD MORNING. I ORIGINALLY WAS ONLY COMING TO COMPLAIN ABOUT THE CARS PARKED ALONG THE STREET, BUT SINCE ONE OF THE GENTLEMEN TOUCHED ON THE VEHICLES THAT ARE PARKED THERE AT THE HOME OF MR, I DIDN'T EVEN KNOW HIS NAME. UH, MR. I KNOW HIS FIRST NAME IS MAYEL. UH, HIS VEHICLES START TO COME OUT FROM HIS ADDRESS AT SEVEN 10 IN THE MORNING. I HAVE COUNTED AS MANY AS MAYBE FIVE ATTACHED OR SAND BLASTERS. UH, I DON'T BEGRUDGE ANYBODY THAT MAKES A LIVING THAT TRIES TO MAKE A LIVING. BUT WHEN THEY START THEIR VEHICLES AND THEY PARK IN FRONT OF OUR HOME, AND THE LADY THAT LEFT, BECAUSE WE DIDN'T REALIZE HOW LONG THIS UH, SESSION TAKES, SHE HAD TO LEAVE. THEY HAD PARKED IN FRONT OF HER HOME ACROSS THE STREET AND AROUND THE CORNER. AND THIS, THEY START THEIR VEHICLES AND THEIR DIESEL AT 7 10, 7 15 IN THE MORNING. ONCE AGAIN, I DON'T BEGRUDGE ANYONE OF MAKING A LIVING, BUT WHEN THEY START THEIR VEHICLES AND LEAVE THEM RUNNING 15 TO 20 MINUTES BEFORE THEY TAKE OFF, THEN THAT BECOMES A PROBLEM. AND THAT'S EVERY DAY EXCEPT FOR SUNDAY. AND THEN WE NOTICED THAT THEY WERE MAKING THEIR CARPORT. WELL THEY'RE MAKING THEIR CARPORT. AND THE REASON I CAN SAY THIS IS BECAUSE I LIVED AT 1114 LEE HALL. I KNOW THAT HOUSE, THAT HOUSE HAS A HUGE BACK YARD. SO, WELL, WE SAW THAT THEY WERE PLAYING, THAT THEY WERE DOING IT AND THEY WOULD MIX, THEY MIX THEIR, UH, CEMENT OR THEIR SAND OR THEIR, OR THEIR MIXTURE THERE BECAUSE HE HAS A, A MIXER FOR THAT. UH, BUT EVERY, WE TRY TO KEEP TO OURSELVES. BUT WHEN YOU SEE THAT MIXER GOING IN THE FRONT YARD, YOU KNOW THAT THAT IS A BUSINESS BEING RUN OUT OF THE HOME. MM-HMM. . SO ONCE AGAIN, I'M SAYING, BUT I CAME TO SAY, I'M SORRY, I HAVE TO SAY, AND I'M GONNA SAY PUBLICLY, I HOPE THERE'S NO REPERCUSSION TO THIS BECAUSE, UH, THAT USUALLY WHAT'S HAPPENS WHEN, WHEN SOMEONE SPEAKS PUBLICLY AGAINST A NEIGHBOR IN THE NEIGHBORHOOD. SO I'VE SET BY PEACE AND TAKE IT INTO CONSIDERATION AND I HOPE HE UNDERSTANDS. BUT WHEN WE SAW THAT THEY BOUGHT THE HOME, 'CAUSE THAT HOME WAS FOR SALE FOR ALMOST A YEAR AND NO ONE HAD PURCHASED IT. AND WE WERE VERY HAPPY TO SEE A FAMILY COME IN, BUT THEN WHEN WE SAW WHAT WAS HAPPENING, THEN WE ALL KNEW WHAT WAS GONNA HAPPEN DOWN THE ROAD. BUT THERE IS A LOT OF CARS [03:25:01] THAT PARK THERE. SO I'VE SAID BY PIECE. SO THANK YOU MS. VASQUEZ. MANNA? YES. SO I HAVE A QUESTION FOR YOU. I'M SORRY. SO, SO PART OF THE DIALOGUE THAT WAS ASKED HERE IS, UM, WHEN THE CARS DO PARK THERE, ARE THEY PARKING? THEY PARK IN FRONT OF THE, I KNOW IT'S A PUBLIC STREET. NO. SO SPEAKING TO THE MICROPHONE. SO IT IT'S IN FRONT OF THE STREET OR ON THE STREET, BUT, BUT DO THEY ALSO PARK UNDER THE ENTIRE CARPORT? SO IS THERE CAR? NO. SO NOW SOMETIMES THERE ARE TRUCKS STILL UNDER THE CARPORT, BUT EVEN A NEIGHBOR DOWN THE STREET AND I, SHE COULDN'T COME 'CAUSE SHE CARESS FOR HER GRANDCHILD. THEY, SOMEONE HIT HER CAR AND THEY TOOK OFF. WE CAN'T SAY IT WAS ONE OF THE WORKERS OR WHAT, BUT THERE, THERE ARE A LOT OF WORKERS. THERE ARE A LOT OF WORKERS. THANK YOU VERY MUCH. MM-HMM. , THANK YOU SO MUCH. THANK YOU FOR PUBLIC. MM-HMM. . EXCUSE ME. BLESS. ALRIGHT. DO WE HAVE ANYBODY ELSE SIGNED UP? SYLVIA S SHE HAD TO LEAVE. OH, SHE HAD TO LEAVE? OKAY. OH, UH, ARRO OF, SO V E Z Q U E THAT'S MS. VASQUEZ. IS THAT MS. VASQUEZ OR IS THAT THAT YOUR NAME MA'AM? YES. MY NAME IS MRS. VASQUEZ. OKAY. SO IS THERE A SYLVIA SHE SUBMITTING? IT HAD TO BE. ARE YOU, ARE YOU SPEAKING ON THIS CASE MA'AM? NO, THAT'S GOOD. ALRIGHT, THE OTHER PERSON MUST HAVE LEFT. OKAY. UH, SO, AND QUESTION FOR STAFF AS WELL. SO WE, EARLIER YOU SHOWED A, I GUESS A, A DOCUMENT THAT WAS SUBMITTED OR A LETTER THAT WAS SUBMITTED. CAN YOU PUT THAT UP AGAIN PLEASE? SO I CAN REVIEW IT AGAIN? ALRIGHT. DOES THAT, EVERYBODY READ THE LETTER OR, OKAY. SO OBVIOUSLY, UH, WITH THE NINE MEMBERS ON THE BOARD TODAY, IT TAKES, IT WILL TAKE A UNANIMOUS CONSENT ON THE ITEMS. UM, DID YOU WANNA TRANSLATE THAT OR I, I WAS JUST GONNA HELP TO KIND OF TRANSLATE THAT THERE, THERE'S OBVIOUSLY, WE WE'LL TAKE FULL NINE MEMBERS TO APPROVE ANY KIND OF THE VARIANCES THAT ARE UH, PRESENTED HERE TODAY. UM, I WAS A COURTESY, I'D ASK IF THE APPLICANT WOULD LIKE US TO TAKE A VOTE OR SEEK A CONTINUANCE TO THE NEXT BOARD MEETING. WELL, WE HAVE 11 MEMBERS. WELL RIGHT NOW, WHY WAIT, OKAY, WELL FULLY UNDERSTOOD. SO I'D, I'D OFFER THE APPLICANT A CHANCE TO, TO MAKE A REBUTTAL TO HE HEARD THE COMMENTS FROM THE OPPOSITION. I HAVE NOTHING MORE TO SAY. OKAY. UH, THAT CLOSES A PUBLIC PORTION. I'D ASK A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION. MANNA MR. MANO, REGARDING CASE NUMBER BOA 2 3 1 0 3 0 0 0 1 8. I MOVED THE, THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR ONE A FIVE FOOT SIX INCH VARIANCE FROM THE 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE FOUR FOOT SIX INCHES FROM THE PROPERTY LINE. TWO, A FOUR FOOT 11 INCH VARIANCE FROM THE FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW CARPORT WITH A 12 INCH OVERHANG TO BE ONE INCH FROM THE PROPERTY. LINE. THREE, A VARIANCE TO ALLOW A CORRUGATED METAL FENCE IN THE REAR AND BACKYARD. AND FOUR, A VARIANCE FROM THE MAXIMUM 50% IMPERVIOUS COVER REQUIREMENT TO ALLOW A FRONT YARD TO EXCEED THE 50% IMPERVIOUS COVER SITUATED AT 1 1 1 4 LEE HALL. APPLICANT BEING ISRAEL GONZALEZ 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 OMITTED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE CARPORT IS FOUR FOOT SIX INCHES FROM THE FRONT PROPERTY LINE AND SO IS NOT CONTRARY TO THE PUBLIC INTEREST. ALLOWING A ONE-INCH SIDE SETBACK VARIANCE WOULD NOT INJURE THE NEIGHBORING PROPERTY. CORRUGATED METAL IS FOUND IN THE AREA. ADDITIONALLY, THE IMPERVIOUS COVER COVER EXCEEDING 50% DOES NOT INJURE NEIGHBORING PROPERTIES. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THERE IS ALREADY AN EXISTING CARPORT, FENCE AND DRIVEWAY. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND [03:30:01] SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LITTER OF THE LAW. THE REDUCED FRONT AND SIDE SETBACK REQUIREMENTS WILL NOT INJURE NEIGHBORING PROPERTIES. AND THE CORRUGATED METAL FENCE AND THE IMPERVIOUS COVER ARE NOT IN LINE WITH THE SPIRIT OF THE ORDINANCE. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATIONAL USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THIS VARIANCE IS LOCATED. NO OTHER USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY ENTER THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. THE REDUCED FRONT AND SIDE UH, SETBACK REQUIREMENTS WOULD NOT INJURE NEIGHBORING PROPERTIES AS THE CARPORT WILL NOT BE ON THE OWNER'S PROPERTY. OTHER CORRUGATED METAL FENCES AND EXCESSIVE IMP IMPERVIOUS COVER WAS OBSERVED IN AREA SIX APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT NEARLY FINANCIAL AND ARE NOT DUE TO THE, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT. WHEN THIS PROPERTY IS LOCATED, STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH HIS VARIANCES ARE SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE LOCATION OF THE PROPERTY AND OF MOTION. SECOND. A SECOND, MS. MOND. ALRIGHT SECOND. I GOT YOU. UH, MS. UH, KAMAN WAS SECOND, UH, KAPLAN SECOND. UM, MR. UH, MANOR, WOULD YOU LIKE TO PROVIDE SOME COMMENT ON THE SURE. SO WHILE WE NORMALLY READ THESE, UH, IN THE AFFIRMATIVE, I WILL NOT BE VOTING IN FAVOR OF THIS AMENDMENT. UM, I THINK THAT, UM, YOU KNOW, LOOKING ON, ON GOOGLE EARTH WITH REGARDS TO THE SIZE AND LOCATION OF THE CARPORT, IT'S, IS EXCESSIVE FOR THIS COMMUNITY. UM, I'M, UM, I'M, YOU KNOW, AS IN PREVIOUS CASES WHEN IT COMES TO IMPERVIOUS COVER, I HAVE A CHALLENGE WITH THAT. UM, ALSO BEING, UH, AS WAS POINTED OUT CLOSE TO THE CREEK BED THERE. UM, ALSO IT DOES APPEAR THAT THIS, UM, YOU KNOW, BASED UPON TESTIMONY PROVIDED THAT THERE IS A BUSINESS BEING RUN OUT THIS, UM, OUTTA THIS LOCATION AND, YOU KNOW, THERE ARE BETTER OR THERE ARE APPROPRIATE LOCATIONS WHERE BUSINESSES WOULD BE RUN. AND WHEN IT IS THAT, UM, I GUESS MATERIALS ARE ACTUALLY BEING MANUFACTURED THERE, I HAVE A CHALLENGE WITH THAT. SO I WILL NOT BE VOTING IN FAVOR. ALRIGHT, MS. KAPLAN? YEAH. EXCUSE, UH, I'M SORRY. UH, HOLD UP. MS. KAPLAN IS, UH, PROVIDING COMMENT AS A SECOND ON THE MOTION. YEAH. UH, IN ADDITION TO WHAT MR. MANIS SAID, UM, UH, IT ALSO IS OBVIOUS THAT IT, THERE IS A BUSINESS BEING RUN AND PERHAPS THE REASON FOR THE, UH, EXCESSIVE, UM, SIZE OF THE CARPORT IS NOT ABOUT PROTECTING THE FRONT DOOR, BUT MORE ABOUT, UH, PROTECTING THE BUSINESS ASSETS. SO I'M ALSO NOT IN FAVOR MR. VASQUEZ, WOULD YOU, WOULD YOU HAVE YEAH, I'M ALSO, I'M ALSO NOT IN FAVOR FOR THE REASONS STATED BY BOTH OF MR. MANNA AND MS. KAPLAN. THANK YOU MR. VASQUEZ. ANY OTHER COMMENT ON THE MOTION? HEARING NONE, LET'S HAVE A ROLL CALL VOTE PLEASE. MR. MANAM, I DO NOT CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I DO NOT CONCUR. MR. SPIELMAN. I DO NOT CONCUR. MR. MANCHACA. I DO NOT CONCUR. MR. ZUNIGA. I DO NOT CONCUR. MR. VASQUEZ. I DO NOT CONCUR. MR. OZUNA? I DO NOT CONCUR. CHAIR ORIAN. I ALSO DO NOT CONCUR. WHAT ABOUT ME? UH, MS. BRAGMAN? MS. BRAGMAN, I ALSO DO NOT CONCUR. ALRIGHT WITH, UH, NINE IN OPPOSITION. ZERO IN FAVOR. UH, THE VARIANCE DOES NOT PASS. I'D ASK THE APPLICANT PLEASE GET WITH STAFF AND THEY CAN PROVIDE SOME REMEDY FOR YOU. THANK YOU SIR. AND THAT CONCLUDES THE, UM, THE VARIANCES TO BE READ. STAFF. DO WE HAVE ANY, UH, ANY RECORD [ Approval of Minutes  ] OR MINUTES TO, OKAY. DO WE HAVE A ROLL CALL? VOTE ON THE MINUTES TO BE ACCEPTED. I, I MOVE THE MOTIONS BE ACCEPTED AS DOCUMENTED. ANY CHANGES OR I DIDN'T SEE ANY CHANGES NECESSARY, BUT, ALRIGHT, MR. ROY. OKAY. UH, DO WE DO A ROLL CALL OR CAN WE DO A VOICE VOTE? VOTE YES. VOICE VOTE. OKAY. ALL IN FAVOR SAY AYE. AYE. ALL AGAINST THE NA. OKAY. STAFF, DO WE HAVE ANY REPORT? ARE WE IN ABSTAINS? ? I WASN'T THERE. ALL ABSTAINS. DO WE HAVE ANY STAFF REPORT TODAY? NO SIR. ALRIGHTYY. SO NEXT MEETING, WHAT IS, WHAT'S THAT TWO WEEKS FROM NOW? WE SEE YOU GUYS. ALRIGHT, THE BOARD IS ADJOURNED. THANK YOU. HOPEFULLY, HOPEFULLY YOU'RE RECOVERING WELL. * 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.