* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. I THINK WE'RE [00:00:01] GOOD. LET'S GO AHEAD AND GET STARTED. OKAY. SHOULDN'T LEAVE IT ON FRIDAY. THE TIME IS ONE 11 AND, UH, THE BOARD OF ADJUSTMENTS WILL COME TO ORDER. UH, PLEASE BE KIND ENOUGH TO SILENCE ALL MOBILE DEVICES. THE MEETING OF THE BOARD OF ADJUSTMENTS WILL COME TO ORDER. UH, STAFF PLEASE CALL ROLL. MR. SPIELMAN. PRESENT. MR. MENCHACA PRESENT. MS. CRUZ. MS. CRUZ? PRESENT. MR. ZUNIGA? HERE. MR. MANNA PRESENT. MS. KAPLAN? HERE. MS. INGLES? PRESENT. MS. BRAGMAN? MR. OZUNA PRESENT. CHAIR ORIAN. PRESENT. OKAY. WITH, UH, I GUESS WE HAVE TAN AND PADDLE TODAY OUT OF 11. OKAY, WE HAVE, MY NAME WAS NOT CALLED MR. VASQUEZ PRESENT. THANK YOU MR. VASQUEZ. UH, AT THIS TIME WE'LL STAND AND PLEASE JOIN ME IN THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES AND TEXAS PLEDGE PLEDGE OF ALLEGIANCE. ALLEGIANCE TO THE FLAG. TO THE FLAG OF THE UNITED, UNITED STATES OF AMERICA REPUBLIC, WHICH STANDS NATION, ONE NATION UNDER, UNDER GOD WITH LIBERTY AND JUSTICE FOR ALL UNDER THE TEXAS FLAG, I PLEDGE ALLEGIANCE TO BE TEXAS, ONE STATE UNDER GOD, ONE AN INDIVISIBLE. BEFORE WE PROCEED WITH TODAY'S CASES, [ Briefing and Possible Action on the following items  ] 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 CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY THE DIRECTOR'S REPORT. LASTLY, AS CHAIR, I WILL MAKE THE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS. I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCE ANNOUNCEMENTS TO ME AS CHAIR AND I'LL READ THEM AS THE APPROPRIATE TIME OF THE MEETING. WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY CITY COUNCIL, AND THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAIN TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT AND DO NOT GET INVOLVED IN THE DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED. AND IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL, WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM THE DECISION OR DETERMINATION MADE BY THE ADMINISTRATIVE OFF OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. UH, AT THIS TIME, I'D ASK THAT THE, UM, UH, SPANISH INTERPRETER MAKE THEIR STATEMENT. GOOD AFTERNOON. THANK YOU. THE BOARD ALSO SERVES AN ADVISORY APPELLATE CAPACITY, APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28. ARTICLE ONE, UH, SECTION 28 THROUGH FIVE. IN ADDITION, WE HAVE THE POWERS TO HEAR CASES AND ANY OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY DECISION OR RECOMMENDATION OF THE BOARD MUST BE BASED ON UPON A FINDING OF FACT, AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE REC IN THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD. ANY OPPOSITIONS TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER AFTER EVERYONE HAS HAS HEARD, HAS BEEN HEARD OF THE CASE, IT'LL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. EACH MEMBER WILL BE ASKED TO VOTE OF THE MOTION IN ORDER FOR MOTION TO CARRY. IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES. THE BURDEN OF PROOF AND GRANTING THE RELEASE SOUGHT REST WITH THE APPLICANT. THE APPLICANT MUST PRESENT THE FACTS IN WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISIONS OF THIS BOARD REGARDING APPEALS FOR AN ADMINISTRATIVE OFFICIAL SPECIAL EXCEPTION OR VARIANCES ARE MADE TO THE DIRECTOR OF COUNT MADE TO THE DI DISTRICT OR COUNTY COURT OF LAW. BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS TO 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. I'M GONNA CONFIRM THAT THE APPLICANTS ARE, ARE PRESENT FOR EACH OF THE CASES. OKAY? OKAY. SO, UH, I GUESS CASE 37 WITHDRAWAL. UM, THIS IS NUMBER TWO, UH, CASE AND, UH, ENDING IN NUMBER 21 FOR 3 3 4. ALTITUDE DRIVE. DO WE HAVE THE APPLICANT? THANK YOU. UH, THIS IS ENDING IN 22. THIS IS FOR 46 [00:05:01] 60,000 OAKS DRIVE. DO WE HAVE THE APPLICANT FOR 46 60,000 OAKS DRIVE? THIS IS KALI NUMBER FOUR, ENDING IN 23. THIS IS FOR 49 19 ANIS AN ANIS FARMS OR ANDY'S FARMS. THANK YOU. ENDING IN 25. THIS IS FOR, UH, 1617 SALTILLO STREET WITH THE APPLICANT. OKAY, SEE THAT'S OKAY. NUMBER SIX, ENDING IN 26. THIS IS FOR 55 52 NORTHWEST LOOP FOUR 10. SEE APPLICANT HERE. 55 52 NORTHWEST LOOP FOUR 10 MARK LEVI CHIQUI. OKAY, SIR. NUMBER SE UH, THIS IS, UH, CASE ENDING IN 27. THIS IS FOR, UM, 2203 SOUTHEAST LOOP FOUR 10. YEAH, THE SAME APPLICANT. OKAY. SAME APPLICANT ENDING IN 28TH. THIS IS FOR 2060 WEST WOODLAWN AVENUE. THANK YOU. ENDING IN 30, UH, 17 1 0 3 SPRING HILL DRIVE. THANK YOU. ENDING IN 31. THIS IS FOR 67 30 FAIRDALE DRIVE. THANK YOU. ENDING IN 32. THIS IS FOR 13 9 2 3 SOUTHWEST LOOP FOUR 10. GOTCHA. UH, ENDING IN 33. THIS IS FOR 14 8 0 7 O'CONNOR ROAD HERE. THANK YOU. AND ENDING IN 34. THIS IS FOR, UM, VARIOUS LOCATIONS ON CRCA TRAIL. THEY'RE HERE. OKAY. UH, AT THIS POINT, GIVEN, WE'RE GONNA HAVE ONE OF THE BOARD MEMBERS, UH, RECU RECUSING THEMSELVES. SO I'M GONNA TAKE THE, UH, UH, PRIVILEGE IN ASKING FOR CASE NUMBER, UH, ENDING IN 33. THAT'S CASE NUMBER 12, UH, TO BE MOVED TO THE FRONT OF THE AGENDA. AND WE'LL START OUT WITH THAT CASE NUMBER. UH, I STILL GOTTA DO THE, UH, MEETING FORMAT. I'M SORRY. STILL GOTTA DO THE MEETING FORMAT. OKAY. YES. UH, STAFF, PLEASE DO THE MEETING FORMAT. ALRIGHT. UH, GOOD AFTERNOON. STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST. PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OR SPECIAL EXEMPTION AND 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 OTHER QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST. FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE OR A SPECIAL EXEMPTION, YOU'LL BE CALLED IN ORDER YOU SIGN UP TO SPEAK FOR THOSE IN SUPPORT OR OPPOSITION. YOU'LL BE ALLOWED A MAXIMUM OF THREE MINUTES PER SPEAKER AND YOU'LL NOT BE OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION. FOR THOSE THAT WOULD LIKE TO GIVE UP THEIR ATTENTION TO SPEAKER. THE SPEAKER WILL, THE SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU, CHAIRMAN. THANK YOU. OKAY. AT THIS TIME WE'LL START WITH, UH, FIRST CASE NUMBER, UM, ENDING IN 33. AND I GUESS FOR THE RECORD, UM, SEE BOARD, BOARD MEMBER, UH, OR ORIAN IS RECUSING HIMSELF, AND THE TIME IS ONE 19 BO, EIGHT BO O A DASH TWO THREE DASH 1 0 3 0 0 0 3 3. ADDRESS BEING 14 8 0 7 O'CONNOR ROAD AND CITY COUNCIL DISTRICT 10 APPLICANT BEING ALVIN PETERS. AND A REQUEST FOR A 20 FOOT VARIANCE FROM THE MAXIMUM 25 FOOT HEIGHT REQUIREMENT TO ALLOW A STRUCTURE HEIGHT TO BE 45 FEET. AND THE CURRENT ZONING IS C TWO. THE SUBJECT PROPERTY IS LOCATED ALONG O'CONNOR ROAD NEAR THE INTERSECTION OF STALL ROAD. THE APPLICANT IS PROPOSING TO CONSTRUCT A MIXED USE SPORTS FACILITY WITH A ROOF HEIGHT OF 45 FEET TO ALLOW THE CONSTRUCTION OF, UH, VOLLEYBALL AND BASKETBALL COURTS WITHIN THE COMPLEX. THE SUBJECT PROPERTY IS CURRENTLY A VACANT LOT THAT ABUTS THE CHURCH AND A GAS STATION TO THE REAR END SIDES WITH THE REQUESTED VARIANCE HEIGHT BEING LOCATED TOWARDS THE REAR OF THE PROPERTY. PER THE, UM, U D C, THE MAXIMUM BUILDING HEIGHT FOR A COMMERCIALLY ZONED DISTRICT IS 25 FEET, AND THE APPLICANT IS REQUESTING FOR IT TO BE 45 FEET. AND THIS IS THE SITE PLAN, AND THIS IS THE SUBJECT PROPERTY AND THE ALTERNATE VIEW, AND THEN THE SURROUNDING AREAS. STAFF RECOMMENDATION FOR THE HYATT VARIANCE STAFF RECOMMENDS APPROVAL IN BO O A DASH 23 DASH 0 3 0 0 0 3 3 BASED ON THE FOLLOWING. ONE, THE HIGHEST POINT OF 45 FEET IS LOCATED TOWARDS THE REAR OF THE PROPERTY, SHOOTING IT FROM THE PUBLIC RIGHT OF WAY. TWO, THE APPLICANT WOULD NOT HAVE SUFFICIENT VOTING HEIGHT FOR THE PROPOSED USE INTENDED. AND THREE, THE REQUEST WOULD NOT BE OUTTA CHARACTER WITH THE SURROUNDING LAND USES AND ZONING DISTRICTS. AND THIS IS THE NOTIFICATION PLAN. UH, STAFF MAIL 22 NOTICES THREE IN FAVOR, ZERO IN OPPOSITION. AND, UM, L CHAPARRO NEIGHBORHOOD ASSOCIATION'S IN FAVOR. AND THE SUBJECT PROPERTY IS ALSO LOCATED LESS THAN 200 FEET FROM THE BOUNDARY OF PEPPER RIDGE NEIGHBORHOOD ASSOCIATION. AND THEY'RE ALSO IN FAVOR OF THE VARIANCE REQUEST. [00:10:01] AND THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. THANK YOU. THANK YOU. SEE ANY QUESTIONS FOR STAFF BEFORE THE APPLICANT? THE APPLICANT? PLEASE COME FORWARD AND MAKE A PRESENTATION. AFTERNOON, UH, BOARD. MY NAME'S ALVIN PETERS. I'M THE APPLICANT. UH, ADDRESS IS 1 0 1 6 STATE HIGHWAY 46 EAST, BERNIE, TEXAS. I'M HERE TO SPEAK FOR THE OWNER ON BEHALF OF 14 9 0 7 O'CONNOR ROAD. 8 0 7, I'M SORRY. 14 8 0 7 O'CONNOR ROAD, UM, AS, UH, SHOWN A COUPLE MINUTES AGO BY JOSEPH. IT IS A BIG BUILDING. IT'S 48,000 SQUARE FEET, PLUS OR MINUS. UM, AND IT'S TALL. AND THE REASON IT'S TALL IS FOR VOLLEYBALL COMPETITION. THE VOL ON AT THE INSIDE, UH, VOLLEYBALL COURTS, BASKETBALL COURTS, I BELIEVE PICKLEBALL, COURTS. ALSO, THE BALLS TRAVEL HIGH, AND THAT'S JUST THE SIZE OF THE BUILDING. IT'S SURROUNDED RIGHT NOW. I MEAN, I THINK IT'S APPROPRIATE. UH, IT'S, IT'S, I MEAN, IMMEDIATELY ACROSS THE STREET, CATTYCORNER FROM THAT TO THE NORTHEAST IS MADISON HIGH SCHOOL. UM, UH, ON, ON THE SOUTH SIDE OF THE SITE IS A MINI STORAGE, UH, A TEMPLE AGAIN, ON THE SOUTH SIDE IMMEDIATELY TO THE, UH, WEST WOULD BE A HARVEST CITY CHURCH. UM, ACROSS THE STREET IS A A COUPLE STRIP CENTERS, SMALL BUILDINGS. UM, MISCELLANEOUS, UH, UH, USES, UH, IN A VACANT LOT, UH, ACROSS O'CONNOR ROAD IS TRUE R SIX OCCUPANCY. SO SMALLER HOMES, SINGLE FAMILY HOMES. UM, THE USE OF THE BUILDING AS NOTED EARLIER, UH, BASKETBALL, VOLLEYBALL, UM, IT WILL HAVE, UH, FOOD AND BEVERAGE, UM, USES. UH, I MEAN IT, THE, THE WAY IT'LL BE RUN BASICALLY IS YOU GO IN, YOU GIVE A DEBIT CARD, OR YOU PAY FOR TIME OR USE X AMOUNT OF DOLLARS AN HOUR. AND, UH, THE THOUGHT IS FAMILIES WILL COME IN AND, OR, UM, TEAMS WILL COME IN ON THE WEEKENDS FOR WEEKEND COMPETITION. UM, THE OWNER IS REALLY FAMILY ORIENTED. THE, UH, AND HE INTENDS TO RUN THE FACILITY. UM, HIS WIFE IS A COLLEGE LEVEL VOLLEYBALL COACH, AND SO SHE'LL BE RUNNING THE VOLLEYBALL COMPETITIONS. I THINK, UM, HER HUSBAND, MATT JERGENSEN, THE OWNER, HE'S, HE, HE HAS AN INTERESTING PHILOSOPHY. UH, HE HAS A PODCAST CALLED WHY NOT GO PRO. AND HE'S, UH, HE REALLY BELIEVES STRONGLY IN THE FACT THAT IF YOU PUT IN 10,000 HOURS INTO ANYTHING, AND HE WANTS TO ENCOURAGE A YOUTH IN THE AREA TO DO THAT, EITHER VOLLEYBALL, BASKETBALL, PICKLEBALL, AND HE HAS OTHER THINGS GOING ON. I THINK HE HAS, UM, VIRTUAL REALITY GOLF GOING ON. A COUPLE OTHER THINGS, UM, THAT YOU CAN SUCCEED. SO I THINK HE'S LOOKING AT GIVING NEIGHBORHOOD CHILDREN AN ALTERNATIVE TO PLAYING ON, OUT ON OPEN AIR BASKETBALL COURTS, VOLLEYBALL COURTS, ET CETERA. UM, LEMME SEE. THE VARIANCE IS FOR, I BELIEVE THE LIMIT, THE HEIGHT LIMIT FOR THIS ZONING IS 25 FEET, AND THE PEAK OF THE BUILDING IS AT 45 FEET. SO AT THE IMMEDIATE PROPERTY LINE AGAINST HARVEST CITY CHURCH. AND I THINK, DID I SEND AN EXHIBIT JOSEPH? MAYBE FRIDAY OR THIS MORNING? MAYBE NOT. UM, BUT AT THE, THE, THE BUILDING IS LOCATED AGAINST THE EAST PROPERTY LINE, I'M SORRY, THE WEST PROPERTY LINE. IT'S 12 FOOT AWAY FROM THAT PROPERTY LINE. UM, I DIDN'T SEND THAT EXHIBIT OUT OF HERE ON THE, ON THE SIDELINE. UM, OH, PROPERTY LINES. OKAY. YEAH, YEAH. HERE WE GO. WHAT DO I DO? OKAY, SO HERE'S THE, THE PROPERTY LINE THAT GETS HARVEST CITY CHURCH. HARVEST CITY CHURCH IS RIGHT ABOUT HERE. NOW, THAT'S A BIG BUILDING AND SO, BUT IT'S 70 FEET AWAY FROM THE PROPERTY LINE. SO IT'S, IT'S WAY OVER HERE. WE'RE 12 FEET AWAY FROM THE PROPERTY LINE. AND THE HIGHEST POINT OF THE BUILDING IS RIGHT HERE, RIGHT OVER THESE VOLLEYBALL, PICKLEBALL, PICKLEBALL, AND BASKETBALL COURTS. THE REST OF THE BUILDING IS, YOU KNOW, WITHIN 25 FEET OF, UH, WITHIN THAT MAXIMUM HEIGHT LIMIT OF 25 FEET. THE ONLY OTHER DEVELOPMENT ON THE PROPERTY, THERE'S AN EXISTING, UH, DETENTION POND. OF COURSE, WE'LL UTILIZE AND, YOU KNOW, UH, PROBABLY DEEPEN IT TO ACCOMMODATE THE FLOW OFF OF THIS THING. AND, UH, JUST PARKING LOT AND PARKING, UH, AND DRIVES AND SO FORTH. UM, LEMME SEE. IN THE FUTURE THERE WILL BE A SECOND FLOOR. HOPEFULLY. IT ALL DEPENDS. THANK YOU, JOSEPH. ON THE SUCCESS OF PHASE ONE, THE, UH, YOU KNOW, A THREE OCCUPANCY, UH, MAKES USE, UH, UH, PHYSICAL ACTIVITIES, UH, IN THE FUTURE. THE OWNER'S GOAL IS TO PUT A SECOND FLOOR ON IT AND DO EDUCATION FACILITY, I GUESS A CHARTER SCHOOL OF SOME SORT THAT WORKS IN, IN CONJUNCTION WITH THE SUPPORTS FACILITY HERE. THANK YOU, MR. PETERS. LET'S SEE IF WE HAVE ANY QUESTIONS FOR THE APPLICANT. MANA MANNA. SO THIS IS ACTUALLY A QUESTION FOR STAFF. SO, UM, SO [00:15:01] ONE QUESTION, YOU KNOW, AND SO I HAVE, YOU KNOW, I'M, I'M, I LIKE THE IDEA A WHOLE LOT. AND SO QUESTION I HAVE IS WHAT PREVENTS, WE'LL SAY, UH, 10 YEARS DOWN THE ROAD, UM, YOU KNOW, SO SHOULD THE, UH, APPLICANT DECIDE TO MOVE THEIR PROPERTY OR THEIR LOCATION TO ANOTHER PLACE, UH, THAT LEAVES THIS BUILDING NOW, OR THIS ZONING ON THIS PLACE TO ALLOW FOR THAT 45 FOOT BUILDING, IS THERE ANYTHING THAT WE CAN DO TO LIMITATE TO THIS, UH, TO THIS EXACT STRUCTURE OR THIS USE OR ANYTHING ALONG THAT LINE? NO, JUST LIKE ANY OTHER VARIANCE, YOU CAN'T, UH, RESTRICT ANY USES PERMITTED BY RIGHT. IN THE ZONING DISTRICT. CAN, UH, CAN IT BE MANAGED THROUGH ZONING? SO, SO TO ALLOW FROM A ZONING CHANGE THAT ALLOWS A ZONING TO ALLOW A TALLER FOOT STRUCTURE, LIKE A CONDITIONAL ZONING, UH, VERSUS A VARIANCE. THEY, THEY CAN DO THE SPECIFIC USE AUTHORIZATION WHEN THEY REZONE. UH, THAT'S A DIFFERENT PRO, IT'S A REZONING PROCESS, BUT THEY CAN STILL DO THAT. DOES THIS, DOES THIS REQUIRE REZONING FOR THIS PARTICULAR? IT DOESN'T. IT DOESN'T, BUT, UM, THERE IS A TOOL THAT ALLOWS FOR ADDITIONAL HEIGHT, UH, THROUGH THE SPECIFIC USE AUTHORIZATION. SO THIS IS ONE OF TWO PATHS, ESSENTIALLY. SO WE CAN GO THROUGH THIS PATH OR THROUGH THE ZONING PATH. CORRECT. AND THEY CHOSE THIS PATH RATHER THAN THE ZONING REZONING PATH. OKAY. OKAY. NOT HAPPY WITH THAT, BUT, OKAY. THANK YOU, MR. MAD. WOULD, COULD, UH, MR. VAZQUEZ YEAH. HAD A REALLY QUICK QUE QUESTION. IS THIS, UH, C TWO NA? UM, THE ZONING IS C TWO S AND I'M NOT SURE, UM, RIGHT NOW WHAT THE S STANDS FOR. IT'S JUST REGULAR C TWO. THERE'S NO, THERE'S NO SS ON IT. OKAY. I'M LOOKING AT THE PRINTOUT FROM CITY STAFF. SO THE REASON I'M ASKING IS BECAUSE THERE'S BEEN SOME VOLLEYBALL, YOU KNOW, UH, BUILDINGS THAT HAVE BEEN, UH, TURNED INTO PARTY HOUSES FOR, YOU KNOW, ALCOHOL CONSUMPTION. AND I WAS TRYING TO MAKE SURE THAT THAT WASN'T GOING TO BE THE CASE HERE. UM, THE OWNER INTENDS, OR IT IS GONNA APPLY FOR AN ALCOHOL AND BEVERAGE LICENSE, BUT JUST FOR BEER, THERE'LL BE A VENDING, UH, KIOSK. HE, HE'S PROPOSING A VENDING KIOSK. WE HAVEN'T GOTTEN THAT FAR, BUT HE IS THINKING ABOUT THIS. HE ORIGINALLY PROPOSED A BAR, A FULL SERVICE BAR, AND WE TOLD HIM, MAN, IT JUST DOESN'T REALLY WORK WELL WITH WHAT HE'S DOING. AND SO RIGHT NOW HE'S LIMITED IT TO BEER WHEN HE GETS THERE. WE HAVEN'T, WE HAVEN'T DESIGNED ANYTHING YET, BUT THAT'S WHAT I, THAT'S WHERE I BELIEVE HE'S HEADED. MR. VASQUEZ, DID YOU HAVE A QUESTION? UH, SIR, I WANNA ASK YOU, UH, FROM MY PERCEPTION OF THE PLAN THAT YOU SHOW HERE, IT LOOKS LIKE IT'S GONNA BE OUT IN THE OPEN, OR IS THAT ENCLOSED BUILDING? IT'S, IT'S ENCLOSED. IT'S ENCLOSED. OKAY. A HUNDRED PERCENT AIR CONDITIONED. YEAH. AND IF THIS WILL HAVE CERTAIN HOURS OF OPERATION AND IT'S NOT, I BELIEVE SO. AND I MEAN, MY KIDS PLAYED BASKETBALL AND, BUT I DON'T REMEMBER. I I KNOW THEY'D GO INTO THE NIGHT, UM, NINE O'CLOCK, YOU KNOW, NINE 30. MAYBE THAT'S WHY I'M ASKING FOR THE NEIGHBORS ACROSS THE STREET. I'M SORRY. BECAUSE OF THE RESIDENTIAL NEIGHBORS ACROSS THE STREET. UM, YEAH. UM, KEEP IN MIND THE RESIDENTIAL IS PRETTY FAR. IT'S ABOUT 400 FEET AWAY. UM, IMMEDIATELY TO THE SOUTH IS A MINI STORAGE. IT'S A LARGE DEVELOPMENT, MINI STORAGE, AND THERE'S A TEMPLE PROBABLY ONLY BUSY ON SATURDAYS AND SUNDAYS, I WOULD IMAGINE. AND THEN, UM, A STRIP CENTER, UM, ACROSS THE STREET, YOU KNOW, MULTIPLE USES A CIRCLE K, WHICH MAY BE OPEN 24 HOURS, BUT, UH, YEAH, I GET YOUR POINT. BUT IT IS ACROSS THE, UH, PURE RESIDENTIALS ACROSS O'CONNOR AND LOCATED PROBABLY 450 FEET TO THE EAST OF THE BUILDING. THANK YOU. THAT'S WHAT I WANT TO KNOW. THE DISTANCE. YES. APPRECIATE IT. THANK YOU, MR. MACHA. ANY OTHER QUESTIONS? AND THEN ONE MORE QUESTION. OKAY. SO ACTUALLY, COULD THE CITY BRING UP THE, THE, I GUESS THE NOTIFICATION PLAN OR, OR THE DIAGRAM THAT SHOWS THE, UH, RESIDENCE NEARBY? THERE WE GO. CAN YOU USE THE POINTER AND THEN POINT OUT WHERE THE BILLING'S GONNA BE? SO, AND THEN I THINK WHERE THE RETENTION POND WAS, PLEASE. OKAY. SO THE EXISTING RETENTION, UH, POND IS RIGHT HERE. IT'S LINEAR AND YOU KNOW, THE LONG SIDE FACES O'CONNOR ROAD, IT'LL STAY EXACTLY WHERE IT'S AT. IF YOU GO DRIVE OUT TO THE SITE, YOU'LL JUST SEE A DEPRESSION. WE'RE DEEPENING IT. UM, BUT THERE'S AN INLET STRUCTURE THAT RUNS ALL THE WAY ACROSS HERE AND BRINGS WATER. I DON'T KNOW WHERE, HONESTLY, I'D HAVE TO ASK A CIVIL ENGINEER. THE, THE BUILDING IS LOCATED HERE, BUT IT'S SET BACK 80 FEET FROM STALL ROAD. IT'S ALSO SET BACK 80 FEET FROM DURHAM, DURHAM ROAD AND AGAINST THE CHURCH HARVEST CITY CHURCH. IT'S 70 FEET AWAY FROM THAT STRUCTURE TO THE PROPERTY LINE. UH, AND THEN ENTRANCE IS TO THE PARKING AS WELL. SO, I'M SORRY. AND WHERE IS IT? WHERE ARE THE PARKING? UM, THE ENTRANCE. THERE'S AN EXISTING DRIVE, SO WE'LL RETAIN THAT DRIVE, IT COMES IN AND I BELIEVE, UM, CIRCLE K PUT THAT IN TO SERVE THEIR BUSINESS. SO THAT'LL REMAIN. AND THEN, UH, THE NEW DRIVE, THERE'LL BE A NEW DRIVE ON DURHAM. [00:20:02] I THANK YOU MR. MADAM. POINT OF ORDER. MR. CHAIRMAN. OKAY. MR. ZUNIGA? YEAH, WE CAN'T SEE, UH, HERE ON THE SCREEN OR I CAN'T SEE, IT'S SO SMALL THAT WE CAN'T SEE THE APPLIANCE OF THE LIKES. UM, THERE A WAY TO, TO ZOOM IT OUT INSTEAD OF IN, CAN I SEE THE EXHIBIT OR, I GUESS THAT'S THE QUESTION. MAYBE I'M, I PROBABLY THE ONLY ONE THAT'S HAVING THE PROBLEM, BUT I DON'T KNOW. I SEE THE PARTICIPANTS, BUT I DON'T SEE IT IN THE MIDDLE, YOU KNOW, I MEAN, THE PRESENTATION. ALRIGHT, MR. ZENGA, THEY'LL, THEY'LL TRY TO WORK ON THAT. I HAD A QUESTION FOR, FOR STAFF ON, IS THERE A WAY TO THANK YOU TO LIMIT THE HEIGHT TO THE SITE PLAN THAT WAS SUBMITTED? UM, TO SAY THAT THE, SAY THAT THE HEIGHT LIMITATION WILL BE ONLY WITHIN THE AREA OR WITHIN THE BUILDING OF THE SITE PLAN THAT WAS SUBMITTED AS AN EXHIBIT IN THE, UH, IN THE APPLICATION. SO ALL OF THE REQUESTS THAT COME TO THE BOARD ARE BASED ON THE, UM, LOT BLOCK AND N B N C B OR THE ACREAGE. AND SO IT WOULD BE THAT ENTIRE PROPERTY THAT IS SUBJECT TO WHATEVER DECISION THAT THE BOARD MAKES. OKAY. SO IRRESPECTIVE OF THE SITE PLAN THAT THEY WOULD'VE SUBMITTED FOR, 'CAUSE I KNOW IT'S OTHER TIMES THAT WE'VE SAID SUBJECT TO THE SITE PLAN OR WHATEVER, WE'RE LIMITING DISTANCES AND SO THEY'RE ASKING FOR 45 FEET, UM, AND THE, THE, WHAT THEY GET IS 25 FEET. SO I SUPPOSE IF YOU HAD A REDUCED NUMBER, THEY COULD TRY TO USE THAT. UM, BUT THERE ISN'T A WAY TO JUST LIMIT IT TO THAT AREA WITHIN THAT BUILDING. CORRECT. BECAUSE EVEN THOUGH THERE'S A SITE PLAN ATTACHED AND THEY'LL BE ABLE TO LOOK AT IT, UM, IT'S STILL SUBJECT TO THE ENTIRE PROPERTY. OKAY. THANK YOU. ANY OTHER QUESTION FOR THE APPLICANT? ONE MORE. OKAY. UH, SIR, I WANT TO ASK YOU, I'M TRYING TO GET A PERSPECTIVE ON THE ELEVATIONS AND YOU'RE GONNA ADD A LOT IMPERVIOUS COVERAGE. ANY ISSUE WITH THE DRAINAGE? UM, THE CIVIL ENGINEER SAYS NO. I MEAN, HE'S DEEPENED THE, UH, STORMWATER STRUCTURE, UH, THE, THE DETENTION STRUCTURE TO ACCOMMODATE THE INCREASED FLOW. SO, AND AS A MATTER OF FACT, IT'S, UH, THE PLANS ARE ALREADY, THE CIVIL PLANS ARE IN THE CITY FOR REVIEW RIGHT NOW, BUT THEY'VE ONLY BEEN IN THERE FOR A COUPLE DAYS. WE'RE IN INTAKE, BUT, UH, YEAH, HE'S SATISFIED. THANK YOU, SIR. THANK YOU, MR. MACHACA. UH, ANY OTHER QUESTIONS FOR THE APPLICANT? IF NOT, I'D ASK THE STAFF. DO WE HAVE ANY, UH, VOICEMAIL OR PUBLIC COMMENTS ON THIS CASE? NO PUBLIC COMMENT. ALRIGHT. UH, COULD I ADD TO YES, YES. NOW WE, WE HAVE HAD TIME. THE OWNER HAS, UH, SPENT TIME MET WITH THE CITY COUNCIL PERSON, UM, THAT REPRESENTS THIS PARTICULAR LOT. HE'S IN FAVOR OF THAT. UM, I'VE DONE A VOICEMAIL, UH, LET ME GET TO MY NOTES. UH, CALL WITH EL CHAP ALFREDO VALLEY NEIGHBORHOOD ASSOCIATION. UH, KENDRA, I DON'T HAVE HER LAST NAME. THE PRESIDENT, UH, REAL EXCITED AND HER TREASURER. JOHN, REAL EXCITED. UM, I TALKED TO PEPPERIDGE NEIGHBORHOOD ASSOCIATION AND MR. PAUL MORL. UM, HE WAS EXCITED ABOUT IT. HE DID NOT HAVE ANY OBJECTIONS THAT WAS DONE MORE OR LESS, UH, AROUND FEBRUARY 24TH, THE LAST WEEK OF FEBRUARY, DONOR MET ON FRIDAY WITH HARVEST CITY CHURCH, UH, EL CHAPARRAL, FER VALLEY NEIGHBORHOOD ASSOCIATION, AND PEPPERIDGE NEIGHBORHOOD ASSOCIATION. SPOKE TO ALL OF ALL OF THEM AT LENGTH. I WAS UNABLE TO ATTEND AND NONE OF THEM OBJECTED TO IT. ALRIGHT, THANK YOU MR. PETERS. UH, NO OTHER QUESTION THAT CLOSES THE PUBLIC PORTION. UM, I WOULD ASK, ASK FOR A MEMBER OF THE BOARD TO MAKE A MOTION. AND ONE THING I'D LIKE TO ASK ALSO IS THAT THERE'S ONLY NINE MEMBERS HERE PRESENT, SO WE NEED A UNANIMOUS VOTE FOR THE VARIANCE TO PASS. IF THERE IS ANY OPPOSITION FROM A BOARD MEMBER, I WOULD LIKE TO HEAR THAT OPPOSITION TO AT LEAST AS AN, AS A COURTESY OF THE APPLICANT TO GIVE HIM THE BENEFIT OF, UH, YOU KNOW, THE POTENTIAL, YOU KNOW, SO YOU KNOW WHERE I'M GOING WITH THIS. OKAY? SO IF, IF I HEAR IF I CAN GET A, A VERY, A MOTION FROM THE BOARD, MANA MR. MADAM, BUT I MAY HAVE COMMENTARY, BUT YES. . UM, SO REGARDING CASE NUMBER BO 8 2 3 1 0 3 0 0 0 3 3, I MOVED THAT THE BOARD OF ADJUSTMENT GRANTS A REQUEST FOR A 20 FOOT VARIANCE FROM THE MAXIMUM 25 FOOT HEIGHT REQUIREMENT TO ALLOW A STRUCTURE HEIGHT TO BE 45 FOOT, SITUATED AT 1 4 8 0 7 O'CONNOR ROAD. APPLICANT BEING ALVIN PETERS BECAUSE A TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN THE NECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS A PUBLIC HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE PUBLIC [00:25:01] INTEREST IS REPRESENTED BY BUILDING HEIGHT REQUIREMENTS FOR THE PROTECTION OF VIEW AND PRESERVING THE CHARACTER OF THE NEIGHBORHOOD. STAFF FINDS ITS VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS THE HIGHEST POINT OF 45 FOOT IS LOCATED TOWARDS THE REAR OF THE PROPERTY, SHIELDING IT FROM THE PUBLIC RIGHT OF WAY, TWO, DUE TO SPECIAL CONDITIONS OR LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT BUILDING THE STRUCTURE 25 FOOT IN HEIGHT. THIS WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD NOT HAVE SUFFICIENT BUILDING HEIGHT FOR THE PROPOSED USE INTENDED. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WOULD BE OBSERVED IN SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. AT ITS HIGHEST POINT, THE PROPOSED STRUCTURE WILL BE 45 FOOT FOR THE ACCOMMODATION OF THE PROPOSED USE. STAFF FINDS THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS THE SUBJECT PROPERTY ZONE C TWO, WHICH ALLOWS FOR COMMUNITY COMMERCIAL USES WITH UNLIMITED BUILDING SIZE. UM, THE REQUEST DOES NOT SEEM TO BE OUT OF CHARACTER FOR THE SIGNED BASED ZONING DISTRICT. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION VIEWS OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THIS VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT ESSENTIALLY INJURE THE APPROPRIATE USE OF ADJACENT, CONFORMING, CONFORMING PROPERTY OR ALL THREE ESSENTIAL CARE TO THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED. IF GRANTED, THE PROPOSED STRUCTURE WILL BE 45 FOOT AT ITS HIGHEST POINT, THE REQUEST VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. UPON SITE VISITS, STAFF OBSERVED THE SUBJECT PROPERTY BEING LOCATED NEAR THE INTERSECTION OF O'CONNOR AND STALL ROAD. THIS INTERSECTION IS A MAJOR THOROUGHFARE FOR THIS COMMUNITY WHERE OTHER MEDIUM COMMERCIAL USES WERE OBSERVED, THUS NOT BEING OUT OF CHARACTER WITH THE SURROUNDING LAND USES. SIX APPLY TO THE PROPERTY OWNER FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL OR NOT DUE TO THE RESULT OR, OR DUE TO THE RESULT OF GENERAL CONDITIONS. AND DISTRICT, WHICH IS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THIS VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE APPLICANT NOT HAVING SUFFICIENT HEIGHT REQUIREMENTS FOR THE PROPOSED USE. THE CIRCUMSTANCES DO NOT APPEAR TO BE MY MERELY FINANCIAL IN A MOTION. SECOND MR. KAPLAN. SECOND MR. MADDEN. SO PERSONALLY MY PREFERENCE WOULD'VE BEEN THAT FOR THIS TO HAVE GONE THROUGH ZONING FOR, UM, FOR, FOR, UH, I GUESS A SPECIAL USE. UM, PARTLY BECAUSE, UM, IN A RECENT EXPERIENCE IN MY NEIGHBORHOOD, THERE WAS A ZONING GIVEN 25 YEARS AGO TO A PROPERTY AND IT'S BEEN REPURCHASED NOW BY ANOTHER PERSON AND IT'S NO LONGER THE ORIGINAL USE AND IT'S NO LONGER NICE IN OUR NEIGHBORHOOD. AND SO, SO OUR NEIGHBORHOOD WAS IMPACTED 25 YEARS DOWN THE ROAD. AND SO I ALWAYS WORRY ABOUT THAT, YOU KNOW, FUTURE USE THING. UM, BUT YOU KNOW, THE NEIGHBORHOOD, YOU, UM, YOU KNOW, WONDERFUL THAT YOU TALK TO THE NEIGHBORHOOD. SO I KNOW THAT WE KINDA WENT THROUGH THAT A LOT, UH, IN YOUR PREVIOUS CASE. AND SO THANK YOU FOR REACHING OUT AND I THINK THAT'S WONDERFUL BECAUSE THE NEIGHBORHOODS IS SUPPORTING IT, UH, BECAUSE OF THE WAY THAT THE COMMUNITY AROUND IT, I GUESS THE BUILDINGS AROUND IT, UM, ARE, ARE I GUESS SOMEWHERE IN NATURE. NOT NECESSARILY IN HEIGHT, BUT YOU KNOW, IT SEEMS TO FIT IN THERE. I'LL BE SUPPORTING THIS CASE. SO MS. ? YEAH, I'LL BE SUPPORTING IT TOO. UH, I THINK A NICE KNOW WHY THIS IS NOT WORKING. UH, I THINK IT'S A NICE USE. THE NEIGHBORS DON'T, UH, DON'T COMPLAIN ABOUT IT. IT'S, UH, SETBACK, THE 45 FEET OF SETBACK AND UM, THERE'S, I DON'T SEE ANY PROBLEMS. THANK YOU. UH, STAFF, COULD YOU PLEASE TAKE A ROLL CALL? VOTE MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. MENCHACA. I CONCUR. MS. CRUZ. JUST THUMBS UP. MS. CRUZ. MR. ZUNIGA, I CONCUR WITH THE FINANCING PLAN. MS. INGLES. I CONCUR. MR. VASQUEZ. I CONCUR. CHARLES ZUNA? YES, I CONCUR. AND WE GOT A CONCURRENCE WITH MS. CRUZ. I DIDN'T. SHE CAN GET A THUMBS UP. OR MS. CRUZ IF YOU COULD GIVE US A THUMBS UP. OKAY. WITH NINE AND WELL, EIGHT AND ONE THUMB UP IN FAVOR AND ZERO IN OPPOSITION. UH, THE VARIANCE PASSES. GOOD LUCK WITH THE PROJECT. THANK YOU. OKAY, SO, UH, LET'S GET BACK TO THE ORIG ORIGINAL AGENDA WITH CASE ENDING IN 21. COMMISSIONER CRUZ, CAN YOU TRY TO UNMUTE YOUR PHONE AND SAY SOMETHING TO US? COULD WE REACH OUT TO, UH, CHAIR ORIAN TO GET HIM BACK IN CHAIR? ORIAN, WE'RE GONNA HAVE TO CALL AND WE'RE, HMM? [00:30:06] WE'RE NOT TRY UNMUTING, UH, MS. CRUZ ON YOUR SCREEN. IT'S NOT OKAY. WE'RE ALSO WAITING FOR CHAIR ORIAN RIGHT TO, YEAH, THEY'RE CALLING DIAL IN. OKAY. I'VE LOST CONTROL. IS YOUR VOLUME UP, MS. CRUZ? SURE. WE'RE STILL NOT HEARING YOU. OKAY. UH, CHAIR ORIAN IS REJOINING, SO IF WE GIVE HIM A MOMENT AND THEN, UH, MS. CRUZ, WE'RE STILL NOT HEARING YOU. OKAY. WELL, AS SOON AS CHAIR JOINS US THEN WE'LL PROCEED WITH THE CASE AND WE'LL HAVE MS. CRUZ KIND OF JOIN US WHEN SHE CAN. DID SHE HEAR US? SHE WHAT? SO WE'RE, I THINK WE'RE HAVING A PROBLEM WITH, UH, DONALD DIALING BACK IN. OH, BECAUSE IT, IS THAT A PICTURE THERE INSIDE? I DON'T THINK HE'S DIALED IN. OKAY. YEAH, I'M TRYING TO FIGURE, BECAUSE THE SCREEN CHANGE, SO TWO PEOPLE ARE OUTSIDE SMALL. YEAH, THAT'S CHRISTIE. IS THAT MARKER THERE? YEAH. OKAY. I CAN'T SEE THAT. OKAY. SO WE, WE LOST YOU LOST EVERYBODY. EVERYBODY. THAT'S HOW WE KNOW WE HAVE CONNECTIVITY IS MERKO AND I ARE ON THERE, BUT, UH, FOR SOME REASON, UH, MS. CRUZ AND UH, MR. ORIAN ARE, ARE HAVING SOME SORT OF A SIGNAL PROBLEM OR SOMETHING. SO THEY'RE LOGGING BACK IN RIGHT NOW. [00:35:27] I HAD IT GOING SMOOTH. IT'S NOT YOU, IT'S NOT YOU A CHEMIST RESIDENT AND HIS BACK, HE WANTED TO BRING WORK, SO WE HAD TO HAVE A CHANGE TO A C THREE MA CODING. SO C3 AND SO RESIDE IT STARTED OUT AS RESIDENTIAL AND THEN HE GOT THE ZONE AS COMMERCIAL BECAUSE HE'S TRYING TO FIGURE OUT HOW TO MAKE IT HAPPEN. AND SO, SO THE NEIGHBORHOOD LET HIM BECAUSE HIS NEIGHBOR AND SO THEN HE SOLD A PROPERTY HIS WHOLE LOT? YES, HIS WHOLE LOT. AND THE FRONT HALF WAS A C TWO OR C ONE, AND THEN THE BACK HALF WAS BECAME C THREE AND A. SO YOU DO CHEMICAL TITRATION BACK PROPERTY IN A SMALL HU SO IT NON IMPACTFUL. SO PROPERTY 20 YEARS LATER AND THIS ALL THE MARKET IN, AND SO SOMEONE ELSE BOUGHT AND NOW THEY'RE TRYING TO PUT IN A TRUCK DEPOT IN THE MIDDLE OF THE NEIGHBORHOOD, THE PROPERTY. AND SO, SO WE'RE GOING THROUGH ZONING TOMORROW. ZONING IT'S LIKE, IT'S LIKE, OH GOODNESS. AND SO, UM, AND SO THAT'S WHY IT'S ZONING AND B O EIGHT CASES DECISIONS ARE PERMANENT. AND SO YOU HAVE TO SET THAT THING. NO, IT COULD HAVE BEEN A SPECIAL USE FOR ONLY THAT BUILDING. SO FOR A, FOR A ATHLETIC CENTER. AND THEN IF SOMEBODY ELSE WANTED TO PUT IN A BAR OR WELL, 'CAUSE COMMUNITY SAID YES BECAUSE COMMUNITY SAID YES, THE COMMUNITY 30 YEARS FROM NOW, RIGHT? WELL, WELL MY NOTE WAS CONVERTED TO, SO THEY SHOULD WANT LET, IT SHOULD HAVE SAID, YOU KNOW, THIS REALLY SHOULD, SO, SO TO ME IT'S ALWAYS RIGHT SIDE. AND SO WHAT IS THE RIGHT TO GET THEM, WHAT DID THEY NEED? WHAT IS IT MINIMUM THAT WE CAN DO TO GET THEM TO WHAT THEY CAN DO? BUT IN THIS CASE IT WAS, BUT STILL IT'S STILL THE SAME. WELL, BUT IT'S ACROSS THE STREET FROM, IT'S A BUDDING RESIDENCE. IT, IT WAS BUDDING RESIDENCE. THAT'S THE BUDDY OR I'M SORRY, ADJACENT. ADJACENT TO. SO JASON, SO JASON APPLIES, THERE'S, SO BASICALLY FOR THIS, FOR THIS ONE RIGHT HERE, THIS WOULD BE ADJACENT. OKAY. THIS WOULD BE A, THIS, SO RIGHT HERE THIS WOULD BE ADJACENT. SO, SO, SO THIS IS A, SO, SO IF THERE'S A STREET YEAH, IF THERE'S A STREET BETWEEN THE TWO, THIS IS ADJACENT. IF IT'S, IF IT'S SIDE BY SIDE, IT'S A BUDDY. THAT'S A DIFFERENCE BETWEEN THE TWO. IF THE PROPERTY LINES SHARE, IT'S A BUDDY. MR. ZUNIGA, YOU'RE DOING GREAT. DON'T CHANGE ANYTHING ABOUT YOUR SETTINGS. ? NO, I, I GOT AN APPOINTMENT AT TWO O'CLOCK SO I'LL BE GOING OFFICE OR SOMETHING. MR. ZUNIGA, DID YOU SAY YOU HAD AN APPOINTMENT AT TWO O'CLOCK? ARE YOU RETURNING FROM THAT APPOINTMENT? 'CAUSE IF YOU LOG OUT, WE WILL NOT HAVE A QUORUM. NO, I'LL STICK AROUND. ARE ARE WE GONNA HAVE A MEETING TODAY OR WHAT'S GOING ON? WE'RE WAITING ON TWO, WAITING ON TWO COMMISSIONERS TO LOG BACK IN. RIGHT. OH, OKAY. THEY LOST CONNECTION. OH, [00:40:07] IN, AH, OKAY. ALRIGHT, THANKS. SAID A MIRAGE. OKAY, CAN Y'ALL HEAR ME? I CAN, YES. THANK YOU. STANDBY. WE LOST MS. CRUZ ALSO. OH, WE HAVE FOUR ONES. SO IS A TWO STORY OR JUST AND THE, TO THE SECOND STORY OR, OR THE, THE, OKAY, OKAY. OKAY. WELL IT SHOULD BE AT LEAST FIVE FOOT THERE ON THEIR SIDE. IT HAS TO BE FIVE FOOT ON SOMEONE'S SIDE ON YOUR SIDE. OKAY. THAT'S WHAT I SAID. SO, SO, SO SOMEONE HAS THAT FIVE FIGURE, OKAY, SO I GREEN SPACE. SO, SO I, SO BECAUSE, SO 'CAUSE THEY HAVE FIVE FEET HERE AND OH, SO, SO THE STAIRCASE IS ACTUALLY, THEY'RE UNDER THEIR, SO WHERE'S, WHERE'S, WHERE'S YOUR ZERO LEVEL? IS IT ON THIS SIDE? RIGHT? OH, THAT'S NOT, THAT'S JUST STANDARD, BOTTOM STANDARD. SO BOARD OF ADJUSTMENTS WOULD SAY YOU CAN'T DO THAT. SO YOU CAN'T, YOU CAN'T PUT A, SO THEY CAN BE REPORTED TO, TO CO. SO I MEAN YOU CAN, YOU CAN AND JUST SAY SEE WHAT THINGS DO ABOUT THAT. BUT BECAUSE YOU HAVE TO GET PERMISSION BY THE CITY OF SAN ANTONIO TO DO THAT, YOU BREAKING THE CODE OF CITY OF SAN ANTONIO, UNLESS, UNLESS H O A RULE, IT SAYS ZERO BASICALLY SAYS, SO BASICALLY THAT SIDE OF THE HOUSE IS, IS THE LOT. RIGHT? SO, SO MAXIMUM [00:45:01] SETBACK OR FILLING IN THE MAXIMUM SETBACK. YEAH. SO, SO, SO ESPECIALLY POOL THAT SO YEAH, I THINK SO. I DON'T KNOW HOW MUCH POOL. SO, SO MOST OF THE PER IS COMING IS, UM, KIND OF WHOLE PROPERTY. AT SOME POINT WE BUILDING ACCESSORY, BUT I PATIO, SO I, SO, SO IF IT'S, SO THAT'S A, THAT'S A DEFENSE. AND SO IF IT'S TALLER THAN SIX FOOT, THEY'RE ALSO FIVE DAY THAT'S STILL, SO WE HAD A, YEAH, WE STILL, WE HAD A CASE THE OTHER DAY AND THAT WAS, YEAH, THAT WAS CONSIDERED A FENCE. UM, AND SO CASE SARAH STRUCTURE VIEW 50. YEAH. AND IT'S REALLY SLOW ALSO. I'M SURE THEY DID, SO. OH YEAH. SO THEY SHOULD KNOW. SO YEAH, THIS ONE, I DON'T, I DON'T KNOW STAIRCASE INTO YOUR SETBACK. SO I, I KNOW. SO THAT WAS, THAT WAS SO, SO PART OF THE DIALOGUE IS, OKAY, NOW THEY WORK WITH YOU AS FAR AS WHATEVER TOOLS YOU WANT. IT'S LIKE, OKAY, WE'RE START. SO, SO THERE'S A SOLID STRUCTURE. SO THAT IS, IS ATTACHED TO THE BACK OF THE HOUSE. OKAY. SO THAT IS A, THIS IS A GOOD GESTURE. SO IF, SO HOWEVER, ONE OF THE CHALLENGES, SO BASICALLY ALL YOU SEE IS THE, THAT'S ALSO TOO, THAT'S ILLEGAL TOO. YOU CAN'T HAVE FOOT POWER, SO YOU CALL OUTSIDE. SO, BUT BASICALLY EVERYTHING YOU ABOUT IS YEAH, CAN'T SHINE A LIGHT ESSENTIALLY HAS DIE. NO, BUT, BUT IF, SO THEY ACTUALLY HAVE LIGHT METERS THAT COMES OUT AND ALUMINUM ON YOUR POCKET. THEY NEED TO CHANGE THE LIGHT SO IT'S POINTING AWAY. SO, SO, SO IF IT'S HANGING STRAIGHT DOWN VERSUS CYCLING OR YOU COME UP WITH A FULL LAMPSHADE [00:50:01] OVER IT, DO THEY HAVE A DOOR UP OR IS IT, THERE'S A WHAT'S ON THE SIDE, RIGHT? BUT THE STAIRCASE OVER HERE, WHAT'S SO, BUT WHERE IS IT? IS THERE A DOOR ON THE SIDE OF THE HOUSE? OH, IT'S CONCRETE TOO. YEAH, SO CONCRETE . 'CAUSE ALSO, SO, UM, SO IS THERE EASEMENT AS WELL? AND SO WE'RE UTILITIES RUN, SO A LOT OF TIMES ACROSS ALL BACK, OR IF YOU SHARE A PROPERTY LINE, PROPERTY TIME AND SO, AND SO YOU HAVE TO BE WITH THEM FIVE FEET AWAY AT THE CENTER AND YOU CAN'T BUILD FIVE. SO YOU JUST QUICK UPDATE. SO WE'RE TRYING TO GET, WE NEED NINE MEMBERS TO HAVE A, A FULL IMPANELMENT OF THE BOARD, NINE OUTTA 11. WE'RE TRYING TO GET ONE OF OUR MEMBERS ONLINE. WE HAVE TO BE ABLE TO SEE HER FACE PER LAW. WE CAN'T JUST DO A VOICE. SO THIS IS KIND OF A CIVICS LESSONS TOO. WE USED TO HAVE A FULL AND PANEL BOARD. WE USED TO HAVE ALTERNATES ON THE BOARD AS WELL, BUT NOBODY COMES OUT TO, TO VOLUNTEER. SO WHAT HAPPENS IS WHEN SOMETHING LIKE THIS HAPPENS, WE DON'T HAVE ANY ALTERNATES TO STEP UP. SO THIS IS KIND OF A CIVICS 1 0 1 AND JUST INVOLVEMENT IN, IN, UH, PUBLIC, UH, SERVICE. SO, SO THIS IS THE RESULT OF IT. SO, AND UH, I JUST WANTED TO ADD THAT, UH, WE'RE MISSING, UH, THREE APPOINTEES AND THREE ALTERNATE SLOTS. PLENTY OF OPENINGS. THOSE, THOSE SLOTS ARE JUST UNFILLED AND IT DOES A DISSERVICE TO THE COMMUNITY WHEN WE CAN'T FILL THOSE SLOTS. IT'S, IT'S NOT A, WE DON'T LIKE TO BE UP HERE WITHOUT BEING ABLE TO SERVE YOU GUYS. SO IT'S JUST A UNFORTUNATE SITUATION. HOW MANY DO WE HAVE RIGHT NOW? WE HAVE EIGHT RIGHT NOW. MR. ZUNIGA. EIGHT. WE'RE TRYING TO GET, UH, MS. CRUZ ONLINE. WE, WE DON'T HAVE A QUORUM. UH, [00:58:39] [01:02:27] [01:09:39] CAN YOU HEAR US? COMMISSIONER CRUZ? YEAH. IS, IS MR. ZUNIGA ON AS WELL? YES. OKAY. COMMISSIONER CRUZ, CAN YOU HEAR US? [01:10:14] CAN YOU HEAR US? COMMISSIONER, ARE WE CLEAR TO PROCEED OR ARE WE SHE'S, UM, SHE'S BACK AT THE ORIGINAL COMPUTER AND SO SHE'S GONNA TRY TO CALL IN JUST SO THAT SHE CAN GET THE AUDIO AND ALSO RESPOND HOPEFULLY TO WHEN YOU'RE ALL SET, MS. CRUZ, LET US KNOW WITH A THUMBS UP. OKAY. COMMISSIONER CRUZ, CAN YOU HEAR US? MS. CRUZ, THIS IS JESSE. WHY DON'T YOU TRY TO, UH, TURN ONE OF HIS SPEAKERS OFF, EITHER FROM THE MAIN COMPUTER OR FROM THE, OKAY, I THINK WE'RE, WE'RE GOOD. SO THE, THE TIME IS 2 25. THE BOARD OF ADJUSTMENTS IS BACK IN SESSION. LET'S PROCEED WITH THE NEXT CASE. IT'S CASE 21. THIS IS FOR, UH, 3 3 4 ALTITUDE DRIVE. GOOD AFTERNOON. VINCENT TREO, SENIOR PLANNER. AGENDA ITEM TWO, BILL OH 8 23 1 0 3 0 0 0 2 1. ADDRESS IS 3 3 4 ALTITUDE DRIVE COUNCIL DISTRICT FOUR. APPLICANT IS CAMILLO FARJADO. A REQUEST FOR A TWO FOOT SPECIAL EXEMPTION TO THE SIX FOOT HEIGHT LIMITATION TO ALLOW AN EIGHT FOOT PRIVACY FENCE IN THE SIDE AND REAR YARDS. THE ZONING IS R SIX SINGLE FAMILY. THE SUBJECT PROPERTY IS LOCATED ALONG ALTITUDE DRIVE EAST OF INTERSTATE FOUR 10. [01:15:01] THE APPLICANT WILL BE REPLACING THE EXISTING SIX FOOT F PRIVACY FENCE IN THE SIDE AND REAR YARDS. THE APPLICANT IS REQUESTING A SPECIAL EXCEPTION FOR FIN SITE LIMITATION IN THE SIDING REAR YARDS AS THE FENCE WILL BE OVER SIX FEET. STAFF DID NOT OBSERVE A POOL IN THE BACKYARD OR ANY ABNORMAL PHYSICAL FEATURES SUCH AS SLOPE ON THE PROPERTY. THERE IS A MANUFACTURED HOME PARK ON OPPOSITE BLOCK FACE AND APARTMENT SEPARATED BY ONE LOT TO THE SOUTH. A SITE. PLAN, THE SUBJECT PROPERTY SIDE, VIEW OF FENCE ON SIDE OF PROPERTY, THE SIDE VIEW OF THE FENCE FROM THE REAR OF THE PROPERTY, LOOKING TOWARDS THE FRONT AND THE SURROUNDING AREA. RECOMMENDATION, FENCE, FENCE, SPECIAL EXCEPTIONS. STAFF RECOMMENDS DENIAL AND BO O 8 23 1 0 3 0 0 2 1 BASED ON THE FOLLOWING. EIGHT FOOT WOOD PRIVACY FENCES OUT OF CHARACTER FOR THE NEIGHBORHOOD AS MOST NEIGHBORING PROPERTIES HAVE SIX, SIX FOOT FENCES. AND TWO, THE PROPERTY DOES NOT INCLUDE ANY ABNORMAL PHYSICAL FEATURES SUCH AS A CHANGE IN ELEVATION OR SLOPE NOTIFICATION. PLAN STAFF, NO DOUBT. TONY NOTICES TWO IN FAVOR, ZERO IN OPPOSITION AND NO RESPONSE FROM LAKE LYNN TERRANCE NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. THANK YOU. IS THERE ANY QUESTIONS FOR STAFF AT THIS POINT? MACHACA. MR. MACHACA, IS THERE ANY CONSTRUCTION NOW THAT WAS DONE WITHOUT PERMIT? UH, NO SIR. IT WAS JUST SOME, UH, CODE, UM, JUST THE OVERGROWN YARD ON THIS, BUT NO, THEY, THEY CURRENTLY DO HAVE A RESIDENTIAL PERMIT THAT WAS ISSUED ON JULY OF 2022. THANK YOU, SIR. YES SIR. THANK YOU. ASK THE APPLICANT TO PLEASE COME FORWARD AND READY FOR YOUR PRESENTATION. HI, GOOD AFTERNOON. MY NAME IS CAMILO FADO. I AM REPRESENTING THE ADDRESS OR THE PROPERTY ON 3 34 ALTITUDE DRIVE. THIS IS MY PARENTS' PROPERTY. I, THE REASON WHY I AM ASKING FOR THIS PERMISSION OR THIS PERMIT IS BECAUSE THE NEXT DOOR NEIGHBOR HAS A DOG AND WE HAD ALREADY BEEN WARNED TO BE CAREFUL WITH HIM, WITH THE DOG. AND ON THE OTHER SIDE, THE NEIGHBOR'S HOUSE IS BLES, IT'S FALLING APART. THERE'S ACTUALLY HOLES, THERE'S NO CENTRAL AIR CONDITIONING. UH, YESTERDAY WE ALSO NOTICED THAT THEY WERE BURNING TRASH AND I TOOK A VIDEO, UM, AND IN THE PROPERTY, MY MOTHER AND MY FATHER OR MY STEPDAD ARE GONNA BE LIVING THERE. MY MOTHER IS 63 AND MY STEPDAD IS 83. SO WHAT'S FROM THE HOUSE? FROM THE FRONT OF THE HOUSE TO THE POINT WHERE THE HOUSE STARTS, I WANTED TO LEAVE IT AT FOUR TO SIX FEET. BUT OF THAT, I WOULD LIKE TO BUILD THE WOODEN FENCE EIGHT FEET TALL. AND I ACTUALLY ALREADY SPOKE WITH MY NEIGHBORS. IN FACT, I SPOKE WITH THE FRONT DOOR NEIGHBOR AND HE IS IN AGREEMENT WITH THIS. AND THERE HAVE ALSO BEEN REPORTED ROBBERIES, UH, FROM THE NEXT DOOR NEIGHBOR. HE SELLS TRUCKS. SO WE'VE HAD SOME REPORTS OF ROBBERIES AS WELL, GOING ON OF TOOLS AND THINGS AND, UH, WOULD BE ALL THANK YOU. LET'S SEE IF THERE'S ANY QUESTIONS FROM THE BOARD FOR THE APPLICANT. MANAM, MANAM. SO SIX FOOT'S PERMITTED BY, RIGHT? SO WHAT IS THE ADDITIONAL TWO FOOT, [01:20:01] UH, GOING TO BE PROVIDED FOR YOU? SO, SO WHY THE EXTRA TWO FOOT IT? WELL, ON THE ONE SIDE I, LIKE I MENTIONED, THEY HAVE A REALLY BIG DOG. IT'S REALLY BIG. SO THAT'S THE REASON FOR THAT ONE SIDE. AND ON THE OTHER SIDE, THERE'S THE OTHER HOUSE THAT THERE'S ODORS COMING FROM THERE. THEY HAVE A LOT OF ANIMALS AND IT'S ALSO IN REALLY BAD CONDITIONS, SO I'M AFRAID THAT THERE COULD BE, UH, THAT IT COULD BE BURNT AND JUST FOR PROTECTION. AND THEN, UM, ON ONE OF THE PHOTOS IT SHOWED YOUR NEIGHBOR'S HOUSE BEING PRETTY CLOSE TO THE FENCE. DO YOU KNOW WHAT THE DISTANCE IS FROM YOUR NEIGHBOR'S WALL TO, TO THE FENCES RIGHT NOW? IS THAT LIKE THREE FOOT AWAY OR CLOSER? IT, SO IT LOOKS LIKE YOU HAVE FIVE FOOT ON ONE SIDE AND THEIRS LOOKS PRETTY CLOSE TO THE FENCE. DO YOU KNOW WHAT THAT DISTANCE IS FROM YOUR NEIGHBOR'S HOUSE TO THE FENCE? IS IT MAKES SENSE? FENCE, IT'S ABOUT THREE FEET, BUT SINCE IT'S ALREADY FALLING, MY FENCE IS ALSO BEING PUSHED TO THE SIDE. UH, COMMISSIONER CRUZ HAS A QUESTION. MS. CRUZ? YES. ON THE, UM, I'M LOOKING AT RIGHT NOW ON THE PROPERTY NOW IS THE HOUSE THAT HE'S COMPLAINING ABOUT IS TO THE RIGHT OF THE PROPERTY OR TO THE LEFT? BECAUSE THE RESPONSE TRANSLATE THAT PLEASE. UH, YES. ON THE PICTURE THAT IT'S SHOWING RIGHT NOW OF THE PHONE, UH, THE ISSUE, THE PROPERTY ON THE RIGHT OR THE LEFT THAT HAS THE DOG. SO THE QUESTION IS ON, ON THE PICTURE, WHICH HOUSE HAS THE DOG, THE HOUSE ON THE RIGHT LEFT, AS YOU'RE LOOKING AT THE FRONT ON THAT PICTURE TO THE RIGHT, MS. CRUZ, THE DOG IS ON THE RIGHT OF THE, OF THE PICTURE OF THE HOUSE. SO IS THAT ONE THAT GAVE ONE NOT OPPOSED TO THEM? IS IT THE PROPERTY, THE LEFT, THE PROPERTY TO THE SOUTH? NO. NO. EVERYBODY'S IN AGREEMENT? YES. THANK YOU. ANY OTHER QUESTIONS? ORIAN, MR. ORIAN? YEAH, SO I'M LOOKING AT, UH, UH, GOOGLE, GOOGLE MAPS AND IT'S, IT'S, I'M GETTING THE IMP IMPRESSION. IS THIS A BRAND NEW HOUSE CONSTRUCTION? OKAY. AND, AND I, I'M JUST, I'M CURIOUS BECAUSE THE, THE, THE FENCING THAT'S IN THE, THE STAFF PHOTOS APPEARS TO BE MUCH OLDER AND, AND SO I'M JUST TRYING TO FIGURE OUT LIKE STAFF. DID YOU, WHEN YOU WENT OUT THERE, I MEAN, DID YOU, DID YOU OBSERVE THAT EXISTING FENCING? IS THAT THE NEIGHBOR'S FENCE OR IS THIS THE, THE CURRENT LOT'S FENCE AS THE FINISHED SIDES IS ON THE OPPOSITE SIDE. SO THAT'S ONE THING. AND THE OTHER ISSUE WOULD BE IS YOU, YOU'RE, YOU'RE, UH, RECOMMENDING DENIAL IS WE'RE, IS ANY PORTION OF THE REQUEST, LIKE EVEN ON THE REAR, WAS ANY OF IT POTENTIALLY ACCEPTABLE? UH, SO WE DIDN'T OBSERVE ANY, UM, DISTINGUISHED USES THAT WOULD PERMIT THEM FROM HAVING A EIGHT FOOT FENCE BY RIGHT. AND WE DIDN'T OBSERVE ANY IN THE AREA. UH, WE DID OBSERVE A MANUFACTURED HOME PARKED ACROSS THE, UH, ON THE OPPOSITE BLOCK FACE AND THEN APARTMENTS, UM, SEPARATED BY ONE LOT TO THE SOUTH. AND THEN FOR THE APPLICANT, IS YOUR INTENT TO REPLACE THE EXISTING FENCING OR TO PUT A BRAND NEW ONE, UH, OPPOSITE IT BECAUSE, UH, ON ONE OF THE SIDE VIEWS, UH, YOU HAVE TWO, UH, GOOD SIZED TREES THERE. AND I'M JUST TRYING TO FIGURE OUT LIKE WHERE THE ALIGNMENT OF THE FENCE YOU WOULD LIKE TO BUILD. IS, IS IT ON TOP, IS IT TO REPLACE THE EXISTING ONE OR IS IT GONNA BE NEXT TO IT? IT'S TO REPLACE ALL OF IT. [01:25:01] SO YOU, YOU, YOUR, YOUR, UH, GOAL IS TO REPLACE THE FENCE THAT'S VERY CLOSE TO THE NEIGHBORING HOME, BUT UH, UH, GENEROUSLY AWAY FROM YOURS IS PROBABLY FIVE OR SIX FEET AWAY FROM YOURS ON THE OPPOSITE SIDE OF THOSE, THOSE LARGE TREES, HUH? CORRECT. THAT'S CORRECT. ALL RIGHT. THANK YOU. THANK YOU. MR. ORIAN. I HAVE A QUE VASQUEZ. MR. VASQUEZ, I HAVE A QUESTION FOR STAFF. UH, I'M LOOKING AT, WOULD YOU DISPLAY, UH, THE PICTURE, UH, NUMBER NINE, UH, BECAUSE I'M CURIOUS AS TO, THIS IS THE ONE, THE, NOW, NOW IT'S FOR THE, FOR THE PROPERTY OWNER. I GUESS I'M ASKING WHOSE DRIVEWAY IS THIS, WHERE THIS BLACK TRUCK IS? I HAVE A QUESTION FOR THE OWNER. IT'S MY PROPERTIES. AND WE'RE, WE'RE LOOKING AT, UH, THE FANCIEST ON THE OTHER SIDE OF THESE OTHER TREES. YOU KNOW, WE HAVE A SAME SITUATION ON EITHER SIDE. OKAY, THANK YOU. ALRIGHT, THANK, THANK YOU MR. VASQUEZ. ANY OTHER QUESTION? NO, NO, SIR. UH, I'M, IT'S BEEN CLARIFIED FOR ME, MR. MINKA. THANK YOU. SO THE CHAIN LEAK FENCE THAT EXISTS RIGHT NOW ON THE RIGHT SIDE, THAT FENCE DOES NOT HOLD THE DOG BACK. THAT'S, I'M TRYING TO CLARIFY THAT. THAT'S A FIVE FOOT FENCE FOR THE APPLICANT? YES. OKAY. YES. UM, OKAY. I'M NOT SURE WHAT THE HEIGHT OF THE FENCE IS. IT'S NORMALLY AROUND FIVE FEET. OKAY. SORRY, THE INTERPRETER NEEDED TO CLARIFY THE QUESTION FOR THE APPLICANT, IT'S NOT ENOUGH TO HOLD BACK THE DOG BECAUSE THE FENCE IS ALREADY FALLING DOWN. THE, THE CHAIN LINK FENCE IS FALLING, IS THAT WHAT YOU'RE SAYING? YES. THANK YOU, MR. MANCHACA. MRS. FILLMAN, UM, YES. IF YOU REPLACE THE CHAIN LINK FENCE WITH A SIX FOOT WOODEN FENCE, WOULD THAT CONTAIN THE DOG? UM, I'M NOT SURE BECAUSE THE NEXT, THE HOUSE NEXT DOOR IS HIGHER, AND SO I'M NOT SURE IF THAT WOULD BE ENOUGH BECAUSE I DON'T KNOW IF THE DOG WOULD STILL BE ABLE TO JUMP OVER IT. THANK YOU. ANY OTHER QUESTION FOR THE APPLICANT? UM, COMMISSIONER CRUZ HAS A QUESTION. CAN YOU GO BACK TO A NOTIFICATION PLAN PLEASE? ALL RIGHT. COMMISSIONER CRUZ, IT'S THE APPLICANT OR THE, UH, NEIGHBOR TO THE RIGHT AND OR SOUTH THAT IS IN AGREEMENT. UM, AND THEN SHE'S ALSO ASKING HOW BIG IS THE DOG? IF YOU CAN ASK THE APPLICANT, PLEASE. I BELIEVE IT'S A PIT BULL. THANK YOU. ANY OTHER QUESTIONS AT THIS POINT? I'D ASK, UH, IF THERE'S ANY PUBLIC COMMENT, UH, VOICEMAILS TO BE HEARD. FOR THE RECORD, IT'S NO PUBLIC COMMENT. OKAY. I'D ASK THE APPLICANT IF HE WOULD LIKE TO PROVIDE ANY CLOSING REMARKS BEFORE WE CLOSE THE PUBLIC PORTION. NO, THE ONLY REASON THAT I AM APPLYING, UH, APPLYING FOR THIS PERMIT IS FOR THE WELLBEING OF MY PARENTS BECAUSE THEY'RE ALREADY ELDERLY. OKAY. AND I WOULD JUST LIKE TO COMMENT TO, THERE'S NINE MEMBERS OF THE BOARD, SO IT TAKES NINE, UM, MEMBERS, UH, UNANIMOUS VOTE FOR THE VARIANCE REQUEST TO PASS. AND SO IT'S A COURTESY IF IT LOOKS LIKE IF IT'S NOT GONNA PASS A POTENTIAL, UM, ASK FOR CONTINUANCE OF THE NEXT CASE OR SOMETHING TO THAT EFFECT. SO AT THIS POINT, I'D ASK A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION. I, UH, OKAY. I A MOTION, BUT I'M NOT GONNA GO. SO AT, AT THIS POINT I'D ASK FOR, IT LOOKS LIKE WE'RE NOT GONNA GET AN A NINE MEMBER, UM, UNANIMOUS CONSENT ON THE MOTION. [01:30:01] SO I WOULD ASK IF THERE'S A MEMBER OF THE BOARD THAT MAKE A CONTINUANCE, MR. MANAM. SO I WOULD LIKE TO RECOMMEND CONTINUANCE TO THE NEXT AVAILABLE CASE OR NEXT MIDDLE OF WEEK. SECOND. SECOND WE HAVE AVAILABLE. WOULD THE NEXT AVAILABLE MARCH, MARCH 20TH IS THE NEXT ONE MARCH 20TH? YES, SIR. SO WE HAVE AVAILABLE SLOTS THEN MARCH 20TH. THAT WOULD BE MY DATE THEN. OKAY. CAN I GET, DO WE NEED A ROLL CALL? VOTE FOR THAT. OR MR. MANNA? YES. MR. ZUNIGA? YES. MR. SPIELMAN? YES. MR. MANCHACA? YES. MS. CRUZ? THUMBS UP? THUMBS UP. MS. MS. MS. KAPLAN? YES. MR. VASQUEZ? YES. MR. OZUNA? YES. CHAIR ORIAN? YES. OKAY. MOTION PASSES. THE, UH, THE SPECIAL EXEMPTION WILL BE ON THE CONTINUANCE OF THE NEXT AVAILABLE MEETING DATE OF MARCH THE, THE 20TH. THANK YOU. UH, PLEASE GET WITH STAFF FOR YOUR OPTIONS HERE. NEXT CASE PLEASE. GOOD AFTERNOON. AGENDA ITEM THREE, BO 8 23 1 0 3 0 0 0 2 2. ADDRESS IS 46 60,000 OAKS DRIVE COUNCIL DISTRICT 10 A APPLICANT IS CAMTA A REQUEST FOR A FIVE FOOT VARIANCE FROM THE MINIMUM 10 FOOT BUFFER TO ALLOW A FIVE FOOT BUFFER ALONG A COLLECTOR STREET. ZONING IS C THREE. UH, COMMERCIAL SUBJECT PROPERTY IS LOCATED AT THE INTERSECTION OF THOUSAND OAKS DRIVE AND SEARCH ROAD. THE APPLICANT IS REQUESTING A LANDSCAPE BUFFER VARIANCE FOR THE PROPERTY TO REDUCE THE LANDSCAPE ALONG A COLLECTOR ROAD. THE BUFFER REQUIREMENT REQUIRES TREES AND SHRUBS ALONG THE EASTERN PERIMETER OF THE PROPERTY AND TREE STAFFING APPROVAL WITH THE FIVE FOOT BUFFER AS THERE IS STILL ADEQUATE SPACING FOR PLANTINGS. SITE PLAN, SUBJECT PROPERTY IN THE SURROUNDING AREAS REAR OF THE PROPERTY. RECOMMENDATION LANDSCAPE BUFFER VARIANCE STAFF RECOMMENDS APPROVAL AND B O 8 23 1 0 3 0 0 2 2. BASED ON THE FOLLOWING FINDINGS, THE LANDSCAPE BUFFER WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. AND TWO, THE REQUIRED TREES AND SHRUBS CAN BE LOCATED IN OTHER AREAS OF THE PROPERTY. NOTIFICATION PLAN, STAFF MAILED OUT EIGHT NOTICES. ZERO IN FAVOR, ONE IN FAVOR OUTSIDE OF 200 FEET ZERO IN OPPOSITION AND NO RESPONSE FROM SIERRA NOR CITIZENS ON ALERT NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. THANK YOU. ANY QUESTIONS FOR STAFF? APPLICANT, PLEASE COME FORWARD. HELLO, MY NAME IS KAME. WELL, GOOD AFTERNOON, PLEASE PROCEED WITH SO ON. THE REASON FOR US TO DO THAT IS, UH, TO MAKE BASICALLY, UH, TO PROVIDE A, A FRIENDLY DRIVE THROUGH MICROPHONE. SORRY. THE REASON FOR US TO DO THIS VARIANCE IS FOR, TO PROVIDE A FRIENDLY DRIVE THROUGH FOR THEM TO COME IN AND THEY MAKE A CIRCLE. THEY HAVE A PLANS ON ON THAT ONE. I DON'T KNOW IF YOU CAN SEE IT. SORRY. WHEN THEY GO AROUND. SO RIGHT NOW, WHEN THEY, RIGHT NOW ON THE ONE SIDE OF THE, UH, DRIVEWAY'S LOT, LIKE A NARROW SIDE, LIKE THE, IT'S KIND OF HEIGHT THAT WAS ABOUT ONE AND A HALF FEET WHEN THEY COME MAKE A TURN FOR IT. OKAY, GO BACK. LIKE ON THE, ON THE FIRST LANE RIGHT NOW, IF YOU COME OUT IT'S ABOUT LIKE ONE AND A HALF FEET. SIR, CAN YOU USE THE POINTER PLEASE? OH YEAH, LIKE ON THIS SIDE RIGHT NOW IT'S LIKE A LITTLE HEIGHT. IF I'M TRYING TO DO A, LIKE A A FIVE FOOT, IT MAKES IT EASIER FOR THE, THE CAR TO COME OUT. IF I DO A LITTLE MORE, IT BECOMES HARDER FOR THEM TO COME OUT. AND SINCE THERE'S A GAS STATION OVER HERE RIGHT NOW, IT MAKES IT DIFFICULT FOR THEM TO DO ALL THAT TOO. SO IF I DO THIS WAY, A LOT OF PEOPLE WILL GO DOWN OVER HERE AND THEN GET OUT AND IT'LL BECOME A LOT OF ISSUE FOR A LOT OF ADULTS. YOU KNOW, UH, SENIOR CITIZENS WHO COME IN DON'T MAKE A DRIVE THROUGH, IT'D BE HARDER FOR THEM. SO THIS THING WILL HELP A LOT OF THEM AND MAKE IT EASY FOR THEM TO GET OUT BASICALLY. ALRIGHT, THANK YOU. I HAVE ANY OTHER QUESTIONS FOR YOU? NO, JUST SO ARE YOU PLANNING TO PUT EXTRA, UM, UH, YEAH. SO GREENERY, SHRUBS ON ON THE OTHER SIDE? YES MA'AM. SO WE HAVE A LOT OF GREENERY COMING OVER HERE RIGHT NOW AND WE'LL, WE'LL BE ADDING SOME FEW OVER HERE TOO. AND THIS ONE WE'LL BE BASICALLY NOT GREEN. WE'D BE PUTTING LIKE A, LIKE A BA LIKE WHAT DO YOU CALL, BIG BASKET KIND OF ONES AROUND HERE TOO, RATHER THAN CUTTING IT. WE'LL HAVE THAT, BUT ALL THIS IS GONNA BE COMING IN FOR SURE. ALRIGHT, THANK YOU. ANY OTHER QUESTIONS? [01:35:01] MANNA MR. MANNA? SO, UM, CAN YOU BRING UP THE PICTURE BEFORE THIS ONE? SO SCROLL BACK ONE MORE I THINK WHERE IT SHOWS THE ONE MORE BEFORE THAT, THEN ONE MORE OTHER WAY I GUESS MAYBE. SO THE FIRST, MAYBE THE FIRST PICTURE WITH THE CASE NUMBER ON IT. THERE YOU GO. SO, UM, RIGHT THERE, SO, SO THERE'S A BUILDING. SO, SO YOU HAVE THE, UM, CANOPY FOR THE GAS PUMPS AND THEN A BUILDING AND YOU'RE ADDING ANOTHER BUILDING IN INTO THAT PICTURE THERE? YES. SO WE ARE ADDING A SMALL BUILDING OVER HERE, CLOSE TO LIKE 1100 SQUARE FOOT AND 2000 SQUARE FOOT RIGHT OVER HERE WE'VE USED FOR RETAIL AND THEN ON, AND THEN RIGHT NOW THE LINE PROPERTY LINE SHOWS IT, UH, BORDERING THE BACK OF THE BUILDING. YES. SO ARE YOU GONNA HAVE A DRIVE BEHIND THE BACK OF THE BUILDING THEN? YES. SO, SO THE, THE, UH, THIS LAND ALSO OWNED BY THE SAME OWNER. OKAY. SO WE GOING AROUND LIKE THAT. SO WHEN WE, WHATEVER THE FUTURE, UH, WHAT DO YOU CALL DEVELOPMENT HAPPENS THAT CAN USE THE SAME DRIVEWAY THROUGH AS WELL, BUT DOWN THE LINE WE'LL MAYBE GET ACCESS THROUGH HERE AS WELL, BUT RIGHT NOW JUST TO GET IT OUT, YOU KNOW, COME OUTSIDE AND GET IT OUT. AND SO, AND, AND YOU DO UNDERSTAND IF THE BUFFER IS REDUCED MM-HMM. IT STILL REQUIRES THE SAME NUMBER OF TREES AS WAS PREVIOUSLY? DEFINITELY, DEFINITELY. AND IT WOULD BE AROUND, YOU KNOW, SO AS WE FORGIVE I GUESS THE BUFFER, IT'S STILL REQUIRES THAT SAME NUMBER OF OH YEAH, THAT'S, THAT'S NOT A PROBLEM. THAT'S NOT A PROBLEM. THAT'S ALRIGHT. OKAY. THANK YOU. THANK YOU MR. MADA. ANY OTHER QUESTIONS FOR THE APPLICANT? ANY OTHER QUESTIONS? OKAY, ORIAN, UH, MR. ORIAN? YEAH. SO, UM, IS, I SEE THE TWO ADDITIONS THAT YOU'RE GOING TO DO AND I SEE HOW THE DRIVE IS GONNA GO ON THE PROPERTY BEHIND YOU, BUT IS THERE GONNA BE SOME KIND OF A JOINT ACCESS AGREEMENT THAT'S GONNA COME OUT OF THIS OR ARE YOU OR ARE YOU JUST GONNA UM, WHEN, WHEN THE IT'S THE SAME OWNER, SIR. SO THE, THE PROPERTY RIGHT BEHIND IT WAS OWNED BY THE SAME GUY. NO, I KNOW THAT, BUT, BUT YOU STILL HAVE A THOUSAND OAKS, LOOKS LIKE A THOROUGHFARE. AND I KNOW THE CITY DOESN'T LIKE A LOT OF DRIVEWAYS. IN FACT, THE TWO YOU HAVE THERE NOW, THEY WANT TO BE AT LEAST 125. SO WE'LL HAVE A JOINT JOINT AGREEMENT BETWEEN THEM FOR SURE. OKAY. I JUST WANTED TO MAKE SURE THAT THAT WAS, THAT WAS DISCUSSED. 'CAUSE TYPICALLY WHEN YOU START DOING THINGS LIKE THIS, THE CITY WILL, WILL REQUEST ONE OF YOUR DRIVEWAYS BE REMOVED. I'M JUST WONDERING YOU, YOU KNOW, HOW THAT WOULD AFFECT, I UNDERSTAND, UH, THIS, THIS MENT BUFFER. AND SECONDLY, DO YOU HAVE A, UM, AN EXISTING CCPS EASEMENT ALONG THOUSAND OAKS? SAY ONE MORE TIME PLEASE. DO YOU HAVE A, UH, A A C P SS EASEMENT ALONG THOUSAND OAKS? I BELIEVE SO. OKAY. YEAH. 'CAUSE THE, THE SITE PLAN THAT'S IN THERE HAS A LOT OF DASH LINES. I'M JUST TRYING TO YEAH. AND THOUSANDS THOUSAND IS PRETTY MUCH VERY FAR. SO HE'S OKAY ON THAT, ON THAT SIDE. IT'S JUST THAT, JUST ON THE SHORTS LANE IS THE ISSUE RIGHT NOW. UH, JUST ALONG SHIRTS. MM-HMM. , BECAUSE, UH, IT LOOKS LIKE THE REQUEST, UM, ALONG A COLLECTOR STREET. IS SHIRTS ALSO A COLLECTOR OR IS IT JUST THOUSAND OAKS? IT'S A COLLECTOR. JUST, JUST A SHIRTS WRITE DOWN THAT WE WORRIED ABOUT NOTHING ELSE OTHER THAN ON THE FRONT IS ALL OKAY. THE WAY IT IS STAFF. UM, SO A QUESTION FOR STAFF IS, IS SHIRTS, IS SHIRTS A COLLECTOR ROAD, SHIRTS ROAD, OR IS IT JUST THOUSAND OAKS? THAT'S A COLLECTOR ROAD. SHIRTS IS THE COLLECTOR. IT IS. OKAY. THANK YOU. THANK YOU MR. IAN. ANY OTHER QUESTION FOR THE APPLICANT STAFF? DO WE HAVE ANY VOICEMAIL OR PUBLIC COMMENTS TO BE READ IN FOR THE RECORD? NO PUBLIC COMMENT. OKAY. UH, WOULD YOU LIKE TO PROVIDE ANY CLOSING REMARKS BEFORE WE CLOSE THE PUBLIC? JUST FOR LET YOU MAKE IT, UH, EASY FOR EVERYBODY? THAT'S ABOUT IT. I THANK YOU ALL FOR YOUR SUPPORT. THANK YOU. THANKS FOR YOUR PATIENCE HERE. ALRIGHT. AT THIS POINT THAT CLOSES THE PUBLIC PORTION, I'D ASK A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION. MOTION. MAKE A MOTION. ORIAN. OKAY. ORIAN, PLEASE PROCEED. REGARDING CASE NUMBER BO O A 22 DASH 1 0 3 0 22, I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED REQUEST FOR A FIVE FOOT VARIANCE FROM THE MINIMUM 10 FOOT BUFFER TO ALLOW A FIVE FOOT BUFFER ALONG THE COLLECTOR STREET SITUATED AT 46 60,000 OAKS DRIVE. APPLICANT BEING, UH, KIM LESH METTA BECAUSE, UH, TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH SET. A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE REQUESTED LANDSCAPE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. AS TREES AND SHRUBS CAN BE PLACED AND OTHER PORTIONS OF THE LOT TOO, DUE TO SPECIAL CONDITIONS OF LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. WITHOUT THE VARIANCE, THE APPLICANT WOULD HAVE TO COMPLY WITH THE LANDSCAPE BUFFER REQUIREMENTS. THIS WOULD RESULT IN AN UNNECESSARY HARDSHIP FOR THE ADDITION OF THE BUILDING. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE REDUCING THE LANDSCAPE BUFFER REQUIREMENT. WE'LL OB OBSERVE THE SPIRIT OF THE ORDINANCE AND WILL NOT ADVERSELY AFFECT SURROUNDING PROPERTIES IN THE IMMEDIATE AREA. OR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED [01:40:01] 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 A JOINT ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE LANDSCAPE BUFFER VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS NO OTHER BUFFERS ARE REQUIRED, AND THE ABUTTING OR OPPOSING LOTS SIX, APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE IS SAW 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 AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THAT APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE IS SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, THE UNIQUE CHARACTER OF THE BUSINESS WOULD BE HINDERED BY THE EXISTING BUFFER. END OF MOTION. THANK YOU. DO I HAVE A SECOND? SECOND. MS. KAPLAN? SECOND. UH, MS. ORIAN? YEAH, I'M, I'M NOT OPPOSED TO THIS. THIS IS A, AN EXISTING DEVELOPMENT ALONG A, UM, A STREET THAT, THAT A LOT OF THE PROPERTIES UP AND DOWN AREN'T, AREN'T TECHNICALLY COMPLIANT, BUT HE IS PROVIDING A SIZABLE BUFFER ALONG SHIRTS ON THE, ON ONE SIDE OF THE DRIVEWAY. AND THIS IS JUST, THIS APPEARS LIKE A SMALL, UH, PORTION THAT IS JUST LACKING. SO I'M BE THANK YOU MS. CAPLET. YEAH, I'M IN FAVOR OF, OF A TWO FOR THE SAME REASONS. ALRIGHT, STAFF, CAN WE TAKE A ROLL CALL? VOTE ANA. SO, UH, ONE QUESTION FOR A POTENTIAL FRIENDLY AMENDMENT IS JUST TO ADD THE NAME SHIRTS. UH, SO THE BUFFER, A LONG SHIRTS COLLECTOR STREET, JUST SO IT'S CALLED OUT. BETTER STORY. AND WOULD YOU ACCEPT THAT FRED AMENDMENT? ABSOLUTELY. I HEREBY AMEN. UH, TO, TO REPLACE COLLECTOR STREET WITH, WITH SHIRTS ROAD A COLLECTOR STREET. MS. KAPLAN, DO YOU ACCEPT THAT? YES. OF, YES. OKAY. STAFF, PLEASE, UH, MOVE FORWARD WITH THE ROLL CALL VOTE CHAIR ORIAN. UH, I, YES, MS. KAPLAN? I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. MS. CRUZ. MS. CRUZ. MS. CRUZ? YES. MR. SPIELMAN? I CONCUR WITH THE FINDINGS OF FACT. MR. MENCHACA. I CONCUR. MR. ZUNIGA? I CONCUR. MR. MANNA, I CONCUR WITH THE FINDINGS OF FACT. MR. VASQUEZ. I CONCUR WITH FINDINGS OF EFFECT. MR. OZUNA? YES, I CONCUR WITH NINE IN FAVOR. ZERO AGAINST THE, THE MOTION OF VARIANCE PASSES UNANIMOUSLY. UH, CONGRATULATIONS AND PLEASE GET WITH STAFF. NEXT CASE, PLEASE. BO O A DASH 23 DASH 1 0 3 0 0 0 2 3. ADDRESS BEING 4 9 1 9 ANNIE'S FARM IN CITY COUNCIL. DISTRICT FOUR, APPLICANT BEING CYNTHIA SILVA. A REQUEST FOR A FOUR FOOT SEVEN INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE FIVE INCHES FROM THE SIDE PROPERTY LINE. AND THE CURRENT ZONING IS R FIVE. THE SUBJECT PROPERTY IS LOCATED ALONG ANNIE'S FARM NEAR WATSON ROAD. ON THE FAR SOUTHWEST SIDE OF SAN ANTONIO, THE APPLICANT IS ANTICIPATING CONSTRUCTING A CARPORT THAT WILL ENCROACH INTO THE SIDE SETBACK. ORIGINALLY, THE APPLICANT PULLED BUILDING PERMITS TO ALLOW THE CARPORT TO BE THREE FEET FROM THE SIDE PROPERTY LINE WITH NO PROJECTING ARCHITECTURAL FEATURES OR OVERHANG, BUT DECREASE THE SETBACK TO FIVE INCHES TO ALLOW FOR MORE SPACIOUS PARKING OF THEIR VEHICLE. A CARPORT IS CONSIDERED AN ACCESSORY STRUCTURE, WHICH ARE REQUIRED TO BE SET BACK FIVE FEET FROM THE SIDE PROPERTY LINE. AND THIS IS A SITE PLAN AND THE SUBJECT PROPERTY, THE LOCATION OF WHERE THE PROPOSED CARPORT WILL BE, AND A VEHICLE SIZE IN REFERENCE TO THE VARIANCE REQUEST, AND THEN THE SURROUNDING AREAS. STAFF RECOMMENDATION FOR THE SIDE SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO O A DASH 23 DASH 0 3 0 0 2 3 BASED ON THE FOLLOWING, ONE, THE STRUCTURE IS ANTICIPATED TO BE FIVE INCHES FROM THE SIDE PROPERTY. LINE TWO. NO UNNECESSARY HARDSHIPS SEEM TO BE PRESENT AS THERE IS ALREADY SUFFICIENT ROOM TO PARK THEIR VEHICLE COMFORTABLY. AND THREE, NO OTHER CARPORTS AND REDUCED SETBACKS WERE SEEN IN THE IMMEDIATE AREA. AND THIS IS THE NOTIFICATION PLAN. STAFF MAIL 33 NOTICES ONE RETURNED IN FAVOR, ZERO IN OPPOSITION. AND THERE IS NO REGISTERED, UM, NEIGHBORHOOD ASSOCIATION FOR THE SUBJECT PROPERTY. THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. THANK YOU. LET'S SEE IF THERE'S ANY QUESTIONS. STAFF HEARING NONE, I'D ASK THE APPLICANT TO PLEASE, UH, COME FORWARD. ORIAN. OH, MR. ORIAN. I'M SORRY. YEAH, SO STAFF, THIS NEIGHBORHOOD LOOKS COMPLETELY BRAND NEW, LIKE, LIKE WITHIN THE LAST SIX MONTHS, BRAND NEW. SO I DON'T, I DIDN'T ANTICIPATE SEEING ANY OTHER CARPORTS, BUT WITH NO NEIGHBORHOOD ASSOCIATION, THIS WOULD BE THE VERY FIRST ONE AND, AND COULD SET A, A TONE FOR THE REST OF THE NEIGHBORHOOD. UM, DO YOU, DO YOU SEE, WHAT IF, IF OTHER NEIGHBORS, BASED ON THE TYPE OF HOMES, UH, AND AS YOU DROVE AROUND [01:45:01] THE NEIGHBORHOOD, IF ANY EVERYONE ELSE WANTED TO ADD A CARPORT ON THIS SINGLE DRIVEWAY, WOULD THEY ALL BE WITHIN FIVE INCHES, DO YOU THINK? FROM THIS? THEIR SIDE PROPERTY LINES? I THINK SO. OKAY. THANK YOU. THANK YOU. THANK YOU. UH, I'LL ASK THE APPLICANT TO PLEASE COME FORWARD. OKAY? OKAY. WHEN I STARTED MICROPHONE, GOOD AFTERNOON TO ALL OF YOU. MY NAME IS CYNTHIA SVIA. MY ADDRESS IS 4 9 1 9 IN S FARM. I'M HERE BEFORE YOU BECAUSE I WANT TO REQUEST A PERMIT TO BUILD MY CARPORT. WELL, AT THE BEGINNING WHEN WE REQUESTED THE PERMIT, THEY WAS GRANT, IT WAS GRANTED TO US. BUT IN THE PROPERTY YOU CAN, YOU CAN SEE THAT THE CONDUCT OF WATER OR THE PIPE WAS IN THE VERY MIDDLE OF THE DRIVEWAY. SO, UH, THAT'S THE REASON WHY WE'RE REQUESTING THIS CHANGE. MY HUSBAND, CAN MY HUSBAND EXPLAIN A LITTLE FURTHER? OH, YEAH. UM, CAN I HAVE THAT AGAIN PLEASE? OKAY. UM, RIGHT HERE IT WAS THE, THIS IS MY APPROPRIATE LINE. UH, RIGHT HERE IT WAS THE FIVE FEET, THE SETBACKS, THE FIRST ONE THAT THEY TOLD ME IN SONY. AND THEN THEY GAVE ME THE PERMISSION FOR THREE FEET FROM A APPROPRIATE LINE. SO IT HAS TO BE, IT WAS RIGHT HERE. WHEN I OPEN MY DOORS FROM THE TRUCKS HAVE THREE TRUCKS AND THEY HIT, THEY WANNA HIT ON THE POST. OKAY. SEE IF WE HAVE ANY, ANY QUESTIONS FOR THE APPLICANT? ORIAN, MR. ORIAN. OKAY, I'VE GOT A, A COUPLE QUESTIONS. NUMBER ONE, ON THE CASE SUMMARY, IT SAYS THAT YOU GOT PERMISSION THROUGH YOUR BUILDING PERMIT FOR THE CARPORT TO BE THREE FEET FROM THE SIDE. DID DID THE CITY GIVE PERMISSION TO BE THREE FEET ON A CARPORT TO THE SIDE? YES. STAFF? YES. THAT'S WHY I DID THIS. UH, HOLES. WELL, THE QUESTIONS FOR STAFF. YES. IT'S FOR THE STAFF. UM, DOUBLE CHECKING. UM, IF IT WAS FOR THREE FEET, IT WOULD'VE BEEN WITH NO OVERHANG, BUT LEMME DOUBLE CHECK. CAN, CAN IS STAFF, IS THE CITY ALLOWED TO GRANT A PERMIT TO ALLOW A CARPORT TO BE LESS THAN FIVE FEET WITHOUT GOING TO THE BO O A IF IT HAS NO OVERHANG? YES. AND IF THE CITY, OKAY. AND THEN SECONDLY, UM, THIS ONE'S FOR THE APPLICANT. UH, YOU HAD MENTIONED THAT, UH, IF YOU OPEN YOUR DOORS, YOU'LL HIT THE POSTS. WELL, UH, YOU KNOW, THIS, YOUR VEHICLE FITS ON THE DRIVEWAY. I MEAN, CAN'T YOU JUST MOVE THE POSTS OR MAKE THEM SLIGHTLY SMALLER? IT LOOKS LIKE YOU HAVE ENOUGH ROOM. UH, YES, BUT, UH, WE GONNA PUT, UH, FIVE POSTS. I I ONLY DID SIX BECAUSE I SEE THAT THE POSTS ARE GONNA HIT THE DOORS. SO I STOP MM-HMM. IN SHOCK OFF. WELL, I, I SEE THAT, BUT WHY COULDN'T YOU JUST PUT THE POST SOMEWHERE DIFFERENT SO THAT YOU WOULDN'T HAVE THIS ISSUE? SO THE QUESTION'S FOR THE APPLICANT, IF HE COULD MOVE THE POSTS YES. COULD YOU MOVE THE POST SO IT'S NOT GONNA HIT THE DOOR? UM, I'M GONNA HAVE, UH, FIVE POSTS. NO, NO, NO. THREE ON, ON EACH SIDE. FIVE [01:50:01] ON THIS SIDE, AND FIVE ON THIS SIDE. AND I HAVE, UH, THREE CARS. I MEAN, OKAY. BUT THE, THE, THE, THE PREMISE OF MY QUESTION IS, IS THAT, YOU KNOW, CARS ARE TRADITIONALLY, YOU KNOW, ANYWHERE BETWEEN 16 AND 20 FEET LONG. IF YOU KNOW THE VEHICLE THAT YOU'RE, YOU'RE ATTEMPTING THE VEHICLES THAT YOU'RE ATTEMPTING TO PARK, THERE WOULD, COULD YOU JUST STRATEGICALLY LOCATE THE POST SO THAT YOU DON'T HAVE THIS ISSUE? WHAT, WHAT IS THE HARDSHIP? WHY YOU COULDN'T MOVE THE LO THE POST LOCATIONS AROUND AND MAKE THEM SLIGHTLY SMALLER? SO YOU WOULDN'T EVEN, WOULDN'T EVEN NEED TO COME HERE. I CANNOT MOVE THE POSTS ANY FARTHER INTO THE PROPERTY. UH, IT'S SOMETHING I, I CANNOT DO. IT'S NOT, I I DON'T THINK MR. ORIAN IS SAYING MOVE THE PROPERTY. YEAH. THAT, UM, YOU CAN MOVE THEM CLOSER OR FURTHER AWAY FROM THE STREET SO THAT THEY WON'T CONFLICT WITH YOUR DOOR LOCATIONS. I DON'T SEE THAT BEING AN ISSUE. THE FIRST POST IS GOING TO BE IN THE CORNER OF THE PROPERTY. OKAY. THANK YOU. OF THE HOUSE. QUESTION, QUESTION. HOLD ON. MS. DOEN HAS THE FLOOR NOW. NO, I'M, I'M, I'M DONE. I, I JUST, I, I, OKAY. OKAY, MS. KAPLAN. OKAY. DID I UNDERSTAND THAT YOU'RE TRYING TO MOVE ANOTHER POST ALL THE WAY TO THE FRONT BECAUSE THERE'S SUPPOSED TO BE A SETBACK FROM THE FRONT ALSO, AND YOU'RE NOT ASKING FOR THAT. YOU'RE JUST ASKING FOR A SETBACK, A SIDE SETBACK. DO YOU UNDERSTAND? IF YOU PUT A POST ALL THE WAY AT THE VERY FRONT OF YOUR PROPERTY, THAT REQUIRES ANOTHER VARIANCE. I WANT TO DO THE POST AGAIN AND I'M GOING TO MAKE THE HOLES ALL FROM ALL OVER AGAIN. UH, THERE ARE GOING TO BE DIFFERENT POSTS, NOT KNOW THOSE THAT YOU ARE SEEING. BUT THE QUESTION IS, HE SAID HE WANTED TO PUT ONE AT THE VERY FRONT OF THE PROPERTY, WHICH MEANS THAT THERE WOULD BE NO SETBACK FROM THE FRONT. AND WHAT IS THE SETBACK? HE HAS? HE HAS TO BE 20 FEET FROM THE STREET, ESSENTIALLY THE CARPORT, 10 FEET FOR THE CARPORT. I WAS TOLD THAT IT WAS 10 FEET. GARAGES IS TO 20 FEET. THE CARPORT REQUIRES 10 FEET ON THE PROPERTY LINE. THE PROPERTY, PROPERTY LINE. BUT HE'S PLAYING FOR THE PROPERTY LINE. PROPERTY. THAT'S PROPERTY LINE IN THE STREET, OR IS IT, UH, SOMETIMES IT'S THE STREET, SOMETIMES BACK AT THE SIDEWALK. UM, IN THIS CASE, WE, THERE IS A INDENT, UM, RIGHT A LITTLE BIT INSIDE OF THE STREET, WHICH WE NOTIFY THE APPLICANT THAT IF THEY WANTED TO BE CLOSER THAN 10 FEET, THEY WOULD HAVE TO ADD THAT WE GAVE THEM THE OPPORTUNITY TO ADD THAT THEY DID NOT. MS. KAPLAN, ARE YOU, I GUESS I'M GOING BACK TO, SO IF HE DECIDED, I'M JUST ASKING YOU, IF HE DECIDED TO PUT A POST ALL THE WAY AT THE VERY EDGE OF HIS PROPERTY LINE, THE VERY FRONT, WOULDN'T THAT REQUIRE ANOTHER VARIANCE? YES, MA'AM. MR. MACHACA, UH, THE QUESTION IS IN, UH, THESE POST THING ARE, ARE YOU BUILDING THIS CARPORT OR IS AN ENGINEER, UH, DESIGNING THIS THING FOR YOU WHERE IT CAN TELL YOU THE NUMBER OF POSTS YOU NEED TO SUPPORT THE WEIGHT? BECAUSE FIVE POSTS IS TO ME IS UNUSUAL. AND I'M NOT SAYING IT'S WRONG, BUT WHO'S DESIGNING THIS CARPORT THAT SAYS YOU NEED FIVE POSTS FOR THAT LINK? I'M CONCERNED ABOUT THE ENGINEERING ABOUT IT. AN ENGINEER IS WORKING ON THAT TO REDESIGN IT. YES. NOW I UNDERSTAND. AND TO, AND TO LAY THE FOUNDATION. OKAY. SO THERE'D BE A CHANCE THAT HE MAY HAVE TO USE OR MOVE THE POST A LITTLE BIT DIFFERENT? YES. OKAY. THANK YOU MR. MAKA. MR. SPILLMAN? YES. I I CAN SEE THAT, UH, YOU'VE GOT GRASS IN BETWEEN THE TWO DRIVEWAYS RIGHT NOW. UH, IF YOU'RE GOING TO GO FIVE INCHES AWAY, WOULDN'T [01:55:01] ALMOST ALL THAT GRASS THEN BE TAKEN UP? IF BOTH YOU AND YOUR NEIGHBOR PUT IN CARPORTS? YES, IT IS GOING TO BE CEMENT. THANK YOU. MR. PELMAN. DOES THAT ANSWER YOUR QUESTION? YEP. OKAY. THANK YOU. AND THEN MANANA, MR. MANANA. SO, YOU KNOW, SO AS CHAIRMAN ORWIN, UH, KIND OF TALKED ABOUT IS SETTING PRECEDENTS HERE. AND SO WHEN YOUR NEIGHBOR ASKS TO PUT IN THE GARAGE OR THE CARPORT THERE ON THEIR PROPERTY, ESSENTIALLY THERE'LL BE 10 INCHES SEPARATING THE TWO PROPERTIES, UH, OR THE TWO CARPORTS. AND SO, UM, DO YOU THINK THAT THAT WILL PRESENT ANY CHALLENGES FOR YOU IN THE FUTURE? UH, I TALK TO MY NEIGHBORS, UH, NEXT TO IT AND THEY WRITE THE, THE, THE LETTER. IT IS FINE. THEY NOT HAVE A PROBLEM. MR. MAN. DID, DID THAT, DID THAT ANSWER YOUR QUESTION? YES. OKAY. DO WE HAVE ANY OTHER QUESTIONS FOR THE APPLICANT? MACHACA? ONE MORE, MR. MACHACA? ONE MORE, UH, ONE MORE CLARITY. IS THERE A POTENTIAL THAT THEY, SOMEBODY COULD PUT A WOODEN FENCE UP THERE OR, OR NOT AT ALL, BUT TO THE SAME LEVEL OF THE HOUSE UP FRONT? NO. OKAY. THANK YOU. STAFF. IS THERE ANYBODY SIGNED UP FOR, UH, VOICE, UH, MAIL, PUBLIC COMMENT ON THIS? NO. PUBLIC COMMENT. OKAY. THE APPLICANT. WOULD YOU LIKE ANY CLOSING REMARKS BEFORE WE CLOSE THE PUBLIC PORTION? NO, THAT'S IT. OKAY. AND, UH, SAME COURTESY TO THE APPLICANT. YOU KNOW, WE'RE NEEDING UNANIMOUS CONSENT HERE FOR THIS VARIANCE REQUEST. AND SO IF IT DOESN'T LOOK LIKE IT'S GOING THAT WAY, WE'D PROBABLY LOOK TO POTENTIALLY DO A CONTINUANCE OR SOMETHING THAT, THAT CLOSES THE PUBLIC PORTION. I'D ASK A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION. MAKE A MOTION FOR CONTINUANCE. WELL, IT LOOKS LIKE OR NOT? YES. IS THAT MR. ZUNIGA? YES. OKAY. WOULD YOU LIKE TO MAKE A MOTION FOR CONTINUANCE? 'CAUSE IT DOESN'T LOOK LIKE WE'RE GOING TO HAVE, UM, NINE VOTES HERE ON THIS PARTICULAR CASE. YEAH, I'LL MAKE A MOTION. I'LL SECOND THIS. OKAY. SO WE HAVE A MOTION FOR CONTINUANCE FOR MR. ZUNIGA. SECOND FOR MS. KAPLAN. CAN WE TAKE A ROLL CALL? VOTE ON THIS. MR. ZUNIGA? YES. MS. KAPLAN? YES. MS. CRUZ. MS. CRUZ, YOU GET THE THUMBS UP. POOR THUMBS DOWN. MS. CRUZ. THUMBS UP. MR. SPIELMAN? YES. MR. MANCHACA? YES. MR. MANNA? YES. MR. VASQUEZ? YES. MR. OZUNA? YES. AND CHAIR ORIAN? YES. DID WE SET A DATE FOR THAT, UH, CONTINUANCE? IT WOULD BE MARCH 20TH. MARCH 20TH. OKAY. CAN, SO THE APPLICANT, CAN YOU PLEASE GET WITH STAFF AND THEY'LL EXPLAIN WHAT THE, UH, NEXT DATE IS FOR THE CASE. THANK YOU. NEXT CASE, PLEASE. I BO A DASH 23 DASH 0 3 0 0 25. THE ADDRESS BEING 1617 SALTILLO STREET IN CITY COUNCIL. DISTRICT NUMBER FOUR, APPLICANT BEING MARIA MARTINEZ. A REQUEST FOR A TWO FOOT 10 INCH SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT FRONT FENCE HEIGHT REQUIREMENT TO ALLOW A FIVE FOOT 10 INCH SOLID SCREEN FENCE IN THE FRONT YARD AND TWO AND EIGHT FOOT EIGHT INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A FENCE TO BE SIX FOOT FOUR INCHES FROM THE FRONT DRIVEWAY. AND THE CURRENT ZONING IS R FOUR. THE SUBJECT PROPERTY IS LOCATED ALONG SALTILLO STREET, SOUTHWEST OF THE INTERSECTION OF COUPLES ROAD AND CASTROVILLE ROAD. THE APPLICANT WAS IN THE PROCESS OF CONSTRUCTING A FIVE FOOT 10 INCH SOLID SCREEN FENCE ALONG THE SIDE PROPERTY LINES AND PASSED THE FRONT FACADE OF THE PRINCIPAL STRUCTURE, BUT WAS HALTED BY CODE ENFORCEMENT FOR BUILDING WITHOUT PERMITS. THE FENCE IS CURRENTLY CONSTRUCTED ONLY ON THE WESTERN PROPERTY LINE AND THE APPLICANT IS PROPOSING ADDING IT, UM, ON THE OTHER EASTERN SIDE AS WELL. UPON SITE VISIT. STAFF OBSERVED THE FENCE IMPOSING IN INTO THE CLEAR VISION AREA AS WELL. THE DISTANCE MEASURED SIX FOOT SIX INCHES FROM THE FRONT CURB AND THE MINIMUM DISTANCE REQUIRED IS 15 FEET. AND THIS IS THE SITE PLAN. THE [02:00:01] BLUE IS THE SOLID SCREEN FENCE, AND THEN THE HIGHLIGHTED PORTION IS THE CLEAR VISION AREA. AND THEN THIS IS THE SUBJECT PROPERTY AND THE FRONT YARD FENCE ALONG THE SIDE PROPERTY LINE. AND THIS IS THE FENCE HEIGHT AND THE CLEAR VISION MEASUREMENT AND THEN THE SURROUNDING AREAS. STAFF RECOMMENDATION FOR THE FENCE HEIGHT, SPECIAL EXCEPTION STAFF RECOMMENDS DENIAL AND BO O A DASH 23 DASH 1 0 3 0 2 5 BASED ON THE FOLLOWING, SOLID SCREEN FENCES WERE NOT OBSERVED IN THE SURROUNDING NEIGHBORHOOD, THEREFORE, THE ADDITIONAL HEIGHT FOR THE FRONT SIDE, UM, COULD ADVERSELY INJURE NEIGHBORING PROPERTIES. AND TWO, THERE IS NO ESTABLISHED PRECEDENCES FOR SOLID SCREEN FENCES IN THE IMMEDIATE AREA. STAFF RECOMMENDATION FOR THE CLEAR VISION VARI STAFF RECOMMENDS DENIAL AND BO O A DASH TWO THREE DASH 0 3 0 0 0 2 5 BASED ON THE FOLLOWING. ONE. THE REQUEST IS CONTRARY AS THE ASSISTANCE PROPOSES ON THE SAFETY OF THE PUBLIC. AND TWO, NO SPECIAL CONDITIONS ON THE SUBJECT PROPERTY WERE, WERE FOUND THAT WOULD WARRANT THE NEED FOR A REDUCED DISTANCE. AND THEN THIS IS THE NOTIFICATION PLAN. STAFF MAIL 37 NOTICES. UH, ZERO IN FAVOR, ZERO IN OPPOSITION. AND EL CHARO NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION OF THEIR REQUESTS, I THINK. AND THEN THIS IS AN EMAIL FROM THE HEAD OF THE NEIGHBORHOOD ASSOCIATION, UM, JUST EXPRESSING THEIR, THEIR DENIAL FOR THE VARIANCE. UM, THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT AND SHE WILL NEED A TRANSLATOR. THANK YOU. THANK YOU, MARIA. ANITA MARTINEZ. UH, THIS IS THIS STREET. GOOD AFTERNOON. MY NAME IS MARIA NIETO MARTINEZ, AND MY ADDRESS IS 1617 S STREET. I'M HERE TO REQUEST A SPECIAL FENCE. MY NEIGHBOR HAS A DOG. UM, I'M VERY AFRAID OF THE DOG. I LIVE WITH MY SON. HE'S 15 YEAR OLD, YEARS OLD. MY DAUGHTER 21 YEARS OLD, AND MY GRANDSON, WHO IS EIGHT MONTHS OLD. OKAY, I AM ASKING YOU TO ALLOW US TO BUILD THE FENCE. THE DOG IS VERY, VERY AGGRESSIVE. HE, HE BARKS IN OUR FACE EVERY TIME WE GO OUT. WE CANNOT WALK OUT AND WE ARE, WE, UH, HAVE TO HA BE CAREFUL WITH THE CARS BECAUSE WHEN WE COME OUT OF THE CAR, HE JUMPS ON US. EL STARTS. THE OWNER HAS BEEN PRESENT WHEN THE DOG HAS ATTACKED US, AND, UH, HE DOES ANYTHING ABOUT IT. I'M VERY SCARED BECAUSE EVERY TIME I HAVE TO TAKE MY GRANDSON, UH, HE CAN ATTACK US AND IS VERY DANGEROUS EVERY TIME WE COME IN OR OUT. IT'S A BIG SCARE. OKAY. [02:05:16] I BROUGHT A VIDEO WITH ME. I WOULDN'T LIKE TO ESCALATE THE SITUATION. UM, SCARED BECAUSE FEW WEEKS AGO SOMETHING REALLY BAD HAPPENED TO AN ELDERLY PERSON AND I REALLY DON'T WANT TO ESCALATE THIS, BUT THE DOG IS VERY, VERY AGGRESSIVE. CAN YOU, CAN YOU ASK HER WHAT SIDE OF THE FENCE? WHAT SIDE OF THE YARD THE DOG IS ON THE RIGHT OR THE LEFT? THE RIGHT SIDE. AND SHE'S REQUESTING THE, THE FENCE ON BOTH SIDES THOUGH, IF IT'S POSSIBLE? YEAH, BOTH SIDES. OKAY. WELL, LET'S SEE IF WE HAVE ANY QUESTIONS FOR THE APPLICANT. AND THEN, UH, WHAT KIND OF DOG IS IT? HOW BIG IS THIS DOG? I DON'T KNOW. IT'S A MIX. SHE'S GOT A PICTURE RIGHT HERE. THE PICTURE'S COMING. MR. MACHACA, UH, TWO QUESTIONS. ONE IS, UM, YOU'VE SPOKEN TO THE NEIGHBORS, NUMBER ONE, YES. AND TWO, HAVE YOU REPORTED THIS TO GET A RECORD ON THAT DOG? FEROCIOUS? I HAVEN'T REPORTED IT YET. OKAY. I HAVE ONE MORE QUESTION. THE OTHER QUESTION, SHE USED THE WORDS JUMPS ON US AND ATTACKS US. WHAT DOES THAT MEAN? HE JUMPED THE FENCE AND ATTACKED YOU PHYSICALLY. HE BIT YOU. HE IS TRIED TO JUMP, UH, OVER THE FENCE, BUT, UH, HE ALWAYS FALLS ON, ON THE OUTSIDE PART. LUCKILY NEVER INSIDE OUR PROPERTY. THANK YOU. THANK YOU MR. MANCHACA. ANY OTHER QUESTIONS FOR THE APPLICANT? MANNA, MR. MANNA? SO, SO WE TALK ABOUT, SO FENCING HAS SOLID FENCING AND THEN PREDOMINANTLY OPEN FENCING AND A CHAIN LINK FENCE WOULD BE CONSIDERED PRIMARILY OPEN. AND SO, UM, AND SO WHEN A FENCE GETS OVER THREE FOOT HEIGHT IN THE FRONT YARD, IT STARTS TO PRESENT A PROBLEM FOR PEOPLE, UM, FOR KEEPING PEOPLE SAFE BECAUSE, UM, AS CARS MOVE IN AND OUT, YOU KNOW, THEY WANT TO KIND OF LEAVE THAT SPACE THERE. AND SO ONE QUESTION WOULD BE IS WOULD A THREE FOOT SOLID FENCE WITH A CHAIN LINK ON TOP OF THAT BE, UM, SUPPORT SOME OF THE CHALLENGES OR, OR PREVENT SOME OF THE THINGS THAT YOU'RE SEEING WITH REGARDS TO THE DOG? SO HALF, HALF SOLID, HALF, UH, PREDOMINANTLY OPEN. CAN MY HUSBAND ANSWER THAT QUESTION? CAN WE, CAN WE GET HIS NAME FOR THE RECORD PLEASE? GON MADERA. SO YOU'RE TALKING ABOUT THE BOTTOM PART IN WOOD AND THE OTHER, THE UPPER PART IN, THAT'S, THAT IS AN EXAMPLE THAT WE'VE SEEN IS WHERE THE BOTTOM WAS WOOD AND THEN THE TOP PART BEING CHAIN LINK. YES. MM-HMM. I CAN SHOW YOU A VIDEO WHERE WE COME DOWN THE CAR AND THE, UH, DOG JUMPS ON THE FENCE AND STARTS BARKING AT US. IT SPITS YOU, IT, IT COULD EASILY BITE YOUR FACE. SO THAT FENCE THERE IS, IS FOREFOOT, WE'LL SAY IT'S, IT'S FOUR FOOT AND HEIGHT. AND SO, SO PART OF THE DIALOGUE I THINK WAS TO ALLOW FOR A TALLER FENCE. AND AGAIN, SO IF THE BOTTOM WAS SOLID AND THE TOP WAS CHAIN LINK, WOULD THAT WORK? SO IT'D STILL GIVE YOU THE HEIGHT, BUT BUT NOT BE SOLID [02:10:01] SCREEN ALL THE WAY TO THE TOP. WOULD THAT BE OKAY? THE DOG DOESN'T ALLOW US, THE DOG DOESN'T ALLOW US TO TAKE THE KID OUT BECAUSE HE'S ALL DAY LONG BARKING AND BARKING. SO IT, SO, SO PRIMARILY WHERE THE DIALOGUE COMES FOR OPEN FENCING IS FROM THE FRONT OF THE HOUSE FORWARD, THE BACK OF THE HOUSE COULD BE SOLID, UH, A SOLID FENCE THERE SO AS TO PROVIDE THAT PROTECTION, BUT FORWARD TO THE FENCE. THAT'S WHERE A LOT OF THE DIALOGUE STARTS TO HAPPEN. WITH REGARDS TO THE HEIGHTS OF THE FENCE FOR FORWARD TO THE HOUSE, YOU MEAN FORWARD, FORWARD TO THE HOUSE? I'M SORRY? FORWARD TO THE HOUSE. AND SO RIGHT NOW YOU HAVE, UM, CHAIN LINK AROUND THE FRONT OF THE HOUSE. AND SO, SO WOOD PROVIDING, WE'LL SAY A THREE FOOT SOLID WITH CHAIN LINK UP TO THAT. SO THAT'S, YOU KNOW, SIX FOOT ALL THE WAY ROUND. WOULD THAT SATISFY FOR SAFETY AND UM, AND THEN HAVE THE PROTECTION OF SOLID SCREEN GOING TO THE, FROM THE FRONT OF THE HOUSE ALL THE WAY TO THE BACK, WOULD THAT BE SATISFACTORY? I JUST WOULD LIKE THE DOG TO STOP BARKING IN MY WIFE'S FACE EVERY TIME SHE COMES DOWN THE CAR. UH, ANOTHER OPTION OF COURSE IS TO GET A TALLER CHAIN LINK FENCE BECAUSE THAT DOES NOT IMPEDE, UM, VISION, CLEAR VISION. RIGHT. SO THE, THE, THE ISSUE ORIAN, MR. ORIAN? YES. UH, I'M LOOKING AT GOOGLE MAPS AND I'M LOOKING AT THE, THE STAFF PICTURES. IT LOOKS LIKE SALTILLO STREET IS HEAVILY PARKED ALONG THE STREET, LIKE PRETTY MUCH ALL THE TIME. AND SO I'M JUST GONNA, I JUST WANTED TO ASK A QUESTION ABOUT CLEAR VISION. I MEAN, IS IS, UH, UH, FOR THE APPLICANT, DO YOU LIVING IN THIS HOUSE, DO YOU NOTICE CARS ALWAYS PARKED ON THE STREET NEARBY YOUR HOME? YES, ALL THE TIME BECAUSE THE SCHOOL IS CROSSING THE STREET AND ACTUALLY WHEN THE KIDS ARE WALKING BACK HOME, THEY HAVE TO WALK ON THE OTHER SIDE OF THE STREET, OTHERWISE THE DOG IS GONNA BARK IN THEIR FACES BECAUSE IT'S WHAT HAPPENED. THE DOG BARKS ON YOUR FACE. SO, SO THEN, YOU KNOW, IF WE, IF WE, IF THE CLEAR VISION IS NOT APPROVED, YOU WOULD BE HINDERED FROM PUTTING THIS TALLER FENCE, THIS DOG WOULD STILL BE ABLE TO GET IN THE WAY. IS THAT, DO YOU PERCEIVE THAT AS A PROBLEM IF, IF THE, IF THE FENCE HAD TO STOP 15 FEET SHORT FROM THE, FROM THE CURB LINE? I DON'T THINK SHE UNDERSTANDS. SO COULD YOU TRANSLATE? SO THE CLEAR VISION IS THAT CARS NEED TO BE ABLE TO SEE DOWN THE STREET AND THEY CAN'T SEE DOWN THE STREET WITH THE WOODEN FENCE ON THE SIDE. AND SO THAT'S WHY THEY'RE PROPOSING TO DO SOME CHAIN LINK. COULD YOU IT, IT'S, IT'S A DANGER BECAUSE CARS CAN'T SEE DOWN THE STREET WITH THAT SIX FOOT, UM, WOOD FENCE. ESPECIALLY WHEN, ESPECIALLY WHEN THE, THERE'S, IF THERE WAS A FENCE AND CONSTANT VEHICLES BLOCKING THE VIEW. SO WOULD A FIVE FOOT CHAIN LINK FENCE AND, AND THEN IN 15 FEET GOING TO A SIX FOOT SOLID WOOD FENCE, WOULD THAT, WOULD THAT BE ADEQUATE? BUT IT WOULD BE ONLY IN THE FRONT. SO ONLY IN THE FRONT WOULD IT HAVE TO BE CHAIN CHAIN LINK OR WHAT MR. MANNA WAS PROPOSING WAS SOLID WOOD UP TO THREE FEET AND THEN CHAIN LINK THREE FEET ABOVE THAT SO CARS COULD SEE IT. SOUNDS GOOD. OKAY. UNDERSTOOD. MACHACA. MR. MACHACA, UH, I HAVE A QUESTION FOR STAFF. UH, AND LOOKING AT GOOGLE, UH, YOU CAN SEE HIS DRIVEWAY AND THEN TO THE RIGHT, HE'S GOT A NEIGHBOR THAT HAS ALL THESE BOARDS AND ALL THIS, ISN'T THAT PART OF THE CLEAR VISION PROBLEM? ALSO THE, ALL THE FENCES ALONG THAT, UH, STREET WERE PRETTY MUCH AT THE SAME LOCATION, UM, SUSPECT THAT IT WAS DONE PRIOR TO ANY CODES. [02:15:01] UM, BUT YEAH, THEY'RE ALL PRETTY MUCH ON THE SAME, UH, LINE AS HERS. YEAH. BUT IS THAT A VIOLATION SINCE THE, WHEN THEY PUT IN TWO BY FOUR, BY EIGHT SHEETS CUT AND THEN WITH THE VEGETATION, ISN'T THAT PART OF THE CLEAR VISION FOR THE PROPERTY OWNER THAT'S THERE NOW? YEAH, IF THEY HAVE ANY, UM, ANYTHING ABOVE THREE FEET OR ANYTHING PRIVACY, YES, IT WOULD BE IN VIOLATION OF CLEAR VISION. YEAH. SO IS THAT AN ISSUE? THAT'D BE ADDRESSED MAYBE SO YES, THAT WILL BE AN ISSUE THAT'S ADDRESSED WITH CODE? YES. SO WE'LL HAVE, WE WILL HAVE CODE COMPLIANCE GO OUT TO REVIEW THAT CASE. UH, NO. ANY OTHER QUESTIONS FOR THE APPLICANT? HEARING NONE, UM, DID WE HAVE ANY VOICE, ANY VOICEMAIL OR PUBLIC COMMENT ON THIS CASE? NO PUBLIC COMMENT. OKAY. UH, THAT WOULD CLOSE THE PUBLIC PORTION AND I'D ASK A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION. SO, SO MANNA, SO I, I HAVE A QUESTION HERE JUST FOR CLARITY. SO, UM, SO FIVE FOOT, 10 INCH SOLID SCREEN. SO, UH, UM, IS IT, ARE WE OKAY WITH, UM, A SIX FOOT PREDOMINANTLY OPEN OR LEAVE IT A, SO IS THAT OKAY WITH EVERYBODY? FIVE OR SIX FOOT PREDOMINANTLY OPEN? I GUESS IF PRE PREDO, HE, HE SAID THE OKAY WITH RIGHT THREE AND, BUT IF, BUT IF WE GO PREDOMINANTLY OPEN, DOES THAT ALSO IMPLY THAT THEY COULD DO A THREE FOOT ON THE BOTTOM BY BY RIGHT. AS WELL AS THEN LEAVE IT PREDOMINANTLY OPEN FOR THE REMAINING THREE FOOT? IS THAT THE CITY, IS THAT CORRECT? WELL, I THINK BY RIGHT, I SO DID THAT QUESTION MAKE SENSE? SO IF WE, UH, IF THE MOTION IS FOR A SIX FOOT PREDOMINANTLY OPEN FENCE ON THE FRONT OF THE PROPERTY, WOULD THE APPLICANT HAVE THE ABILITY TO PUT IN A THREE FOOT SOLID SCREEN ON THE BOTTOM WITH THREE FOOT PREDOMINANTLY OPEN ON THE TOP, WOULD THAT STILL BE FIT WITHIN THAT GUIDELINE, OR WOULD THAT HAVE TO READ THAT DIRECTLY AS YES, UM, THAT WOULD STILL FIT WITHIN THE GUIDELINES. IT'S A LITTLE BIT MORE RESTRICTIVE THAN WHAT WAS ADVERTISED SINCE, UH, WE ADVERTISED FOR, UH, THE SOLID SCREEN FENCE AT FIVE FOOT 10. SO IF I, SO, BUT IF I USE A SIX FOOT LY OPEN, WOULD THAT ALSO, WOULD A THREE FOOT, UH, SOLID AND THREE FOOT, UH, PREDOMINANTLY OPEN STILL QUALIFY UNDER THAT IF I DISAGREE? NO, YOU, YOU CANNOT GO ABOVE, UH, FIVE FOOT 10, HOWEVER, HOWEVER, OKAY. YOU CANNOT GO FIVE 10, HOWEVER. OKAY. FIVE 10 TO MAX, BUT IF I JUST SAY FIVE FOOT 10 PREDOMINANTLY OPEN, THAT WOULD SATISFY IF THEY WANTED TO PUT IN SOLID AND ALONG THE BOTTOM FOR THREE FOOT, CORRECT? CORRECT. OKAY, THANK YOU. THANKS. I HAVE A QUE ORIAN I HAVE A QUESTION FOR STAFF ON THAT SAME LINE. UH, IF THEY DO A, IF THEY, IF IF, UH, MANNA READS A MOTION FOR FIVE FOOT 10 AND HE DOES THREE FOOT SOLID ON THE BOTTOM, IS THAT, WOULD THAT CONFLICT WITH CLEAR VISION IF CLEAR VISION, UH, UH, WAS, UH, TO NOT PASS? YES. SO IN THIS CASE, CLEAR VISION WOULD HAVE TO PASS FOR THAT, UH, UH, FIRST VARIANCE TO BE APPROVED. UH, BUT WHAT I'M ASKING IS, IS THAT CAN YOU, CAN YOU PUT A THREE FOOT SOLID SCREEN FENCE, THREE FOOT HIGH SOLID SCREEN FENCE WITHIN 15 FEET OF THE CURB LINE UNDER ANY CIRCUMSTANCE? YEAH, THREE FEET IS THE LIMIT. UM, EVERYTHING PAST THREE FEET WOULD REQUIRE THE CLEAR VISION STANDARD. OKAY, SO, OH, OKAY. SO EVEN A PREDOMINANTLY OPEN WOULD BE IN CONFLICT? YES, THAT'S MY UNDERSTANDING. THREE. SO IT WOULD BE IN CONFLICT. AND SO I THINK, AND THREE FOOT, UM, IS, IS STILL ACCEPTED, BUT YOU KNOW, THREE FOOT WITHOUT A OFFENSE WOULD BE ACCEPTED COMPLETELY, BUT THREE FOOT WITH A CHAIN LINK WOULD REQUIRE THE EXCEPTION. RIGHT. WELL, YEAH, COMMISSIONER, MAN, I, I, I'D APPRECIATE IT IF YOU COULD READ THE CLEAR VISION PART FIRST IS I THINK THAT'S GONNA BE A DRIVING FORCE FOR THE REST OF IT, FOR ME AT LEAST. RIGHT. AND DID I SAY THAT CORRECTLY? UM, SO, SO THREE FOOT BE, BE PERMITTED BY, RIGHT. UM, IF, IF THEY'RE BELOW THREE FOOT FOR CLEAR VISION, BUT BECAUSE IT HAS CHAIN LINK ON TOP OF IT THAT, OR THEY'RE GOING AT THE SIX FOOT WITH REGARDS TO PREDOMINANTLY OPEN, THAT'S WHERE THE CLEAR VISION COMES INTO PLATE, CORRECT? CORRECT. THEY'RE PERMITTED UP TO THREE FEET, WHETHER IT'S, UH, OR CLOSED. OKAY. SO WE'RE GONNA READ THE CLEAR VISION AND IT, I GUESS. OKAY, PLEASE PROCEED, MR. MAYON. SO REGARDING CASE NUMBER BO 8 2 3 1 0 3 0 0 0 2 5, I MOVED AT THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR A EIGHT FOOT EIGHT INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A PREDOMINANTLY OPEN FENCE, POTENTIALLY THREE FOOT SOLID SCREEN, SOLID SCREEN ON THE BOTTOM TO BE SIX, SIX FOOT FOUR INCHES FROM THE FRONT SIDE, UH, SIDE DRIVEWAY, UH, FROM THE FRONT DRIVEWAY SITUATED AT ONE SIX OR 1 6 1 7 SALTILLO STREET, APPLICANT BEING MARIA MARTINEZ. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE APPLICANT'S REQUEST AN EIGHT FOOT EIGHT INCH [02:20:01] VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A, UH, PREDOMINANTLY OPEN FENCE, UM, TO BE SIX FOOT FOUR INCHES FROM THE FRONT DRIVEWAY. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY SITE DISTANCES FOR DRIVEWAYS TO ASSURE VEHICULAR TRAFFIC PROTECTION. STAFF FINDS THAT THIS REQUEST IS NOT CONTRARY TO 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 APPLICANT ALTERING THE FENCE TO MEET THE MINIMUM 15 FOOT DISTANCE REQUIREMENT. STAFF FOUND A LOT WAS SMALLER AND NARROW IN SIZE, PROVIDING A SPECIAL CONDITION FOR THE SUBJECT PROPERTY, UH, THAT WOULD WARRANT THE NEED IS, UH, FOR A REDUCED DISTANCE. THIS WOULD RESULT IN AN UNNECESSARY HARDSHIP AS OFFENSE IS HALFWAY CONSTRUCTED. UH, THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE FENCE IS CURRENTLY SIX FOOT FOUR INCHES FROM THE FRONT DRIVEWAY. STAFF FINDS THE SPEAR OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE WITH REQUESTED VARIANCE AS ADEQUATE SITE DISTANCES PRESENTED. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH IS VARIANCE IS LOCATED. NO OTHER USES THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CARE TO THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED. IF GRANTED, THE DISTANCE WILL MAINTAIN SIX FOOT FOUR INCHES FROM THE FRONT DRIVEWAY, UH, WHICH IS NOT LIKELY TO ALTER THE ESSENTIAL CARE TO THE DISTRICT. UH, UPON SITE VISIT. STAFF OBSERVED OTHER FRONT YARD FENCES IN THE IMMEDIATE VICINITY. HOWEVER, WERE PREDOMINANTLY OPEN THE PLY OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE ME AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO A RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE SHAPE AND SIZE OF THE LOT AND THE MOTION. SECOND, MR. DOHAN, WE GOT MS. KAPLAN ON THE LINE. UH, SORRY. NO WORRIES, NO WORRIES. UH, MR. MANNA, DO YOU WANNA PROVIDE DISCUSSION? YEAH, SO, SO I THINK, YOU KNOW, LOOKING, UH, YOU KNOW, DRIVING GOOGLE, DRIVING AROUND THE STREET, UH, DOES APPEAR THAT ALL OF THE UM, UM, NEARBY HOMES, OR ACTUALLY DOWN THE ENTIRE STREET ARE ALL PREDOMINANTLY OPEN AT THE SAME DISTANCE FROM, UH, THE CURB. SO I THINK THAT HAVING PREDOMINANTLY OPEN WOULD STILL MEET, YOU KNOW, THE, I GUESS THE CLEAR VISION AS THE REST OF THE NEIGHBORHOOD SEEMS TO HAVE ADOPTED IT. SO I'LL BE VOTING ON THIS BASED UPON CLEAR VISION AND PREDOMINANTLY OPEN FENCING. THANK YOU, SIR. MS. KAPLAN? YEAH, I AGREE. OKAY. UH, VOTE, ROLL CALL. VOTE PLEASE. I HAVE A, I WANTED TO ASK, UH, SO IS THIS, IS, IS THERE, DID YOU PUT A RESTRICTION SO THAT IF IF THIS GETS APPROVED IT HAS TO BE PREDOMINANTLY OPEN OR ARE WE GONNA DEAL WITH THAT LATER? I DID THAT, BUT YES, I DID IT, READ IT IN THE MOTION AS I WAS READING IT, BUT, UM, IT'LL BE CERTAINLY VERY CLARIFIED IN THE SECOND HALF OF THE MOTION. OKAY. MCHA, I JUST WANT TO CLARIFY ALSO, WE LEFT OUT THE REAR FENCE. IS THAT AN OPTION OR IT STAYS AS AT THE HEIGHT THAT IT IS RIGHT NOW? WOULDN'T, WOULDN'T BE, YEAH. SO REAR THE REAR FENCE OR BEYOND 15 FOOT IS NOT IN THIS DIALOGUE BECAUSE THAT WOULDN'T BE CLEAR VISION. PUT THAT ON THE, UH, ON THE OTHER MOTION. BUT THAT WOULD BE ON THE OTHER MOTION. UH, STAFF, COULD YOU PLEASE TAKE THE ROLL CALL VOTE. WE NEED TO, WE'LL NEED TO TAKE A PAUSE. WE LOST MS. CRUZ ON SCREEN AND SHE HAS TO VOTE ON SCREEN. SHE CAN HEAR US, BUT, UM, SHE IS TRYING TO GET RECONNECTED. APOLOGIES. HEY, UH, STAFF, CAN I ASK A QUESTION OR I HAVE TO WAIT TILL SHE COMES BACK ON? YOU CAN ASK A QUESTION. SO ONE QUESTION I HAVE IS, UH, FROM, FROM SOME, SOME OF THE VIEWS, IT LOOKS LIKE THE CURB LINE, UH, THERE'S A SMALL RETAINING, CONCRETE RETAINING WALL PROBABLY 12 INCHES HIGH THAT STARTS FROM THE DRIVEWAY APRON, AND IT GOES BACK AND SLIGHTLY DIMINISHES AT WHERE IT HITS THE EXISTING, UH, CHAIN LINK. FENCE GATE. AND SO IF, UM, WHEN WE'RE TALKING ABOUT FENCE HEIGHTS, IS THAT BASED ON THE TOP OF THAT RETAINING WALL OR THE GROUND OF THE DRIVEWAY? THAT'D BE THE TOP OF THE RETAINING WALL. OKAY, THANK YOU. SO BY, RIGHT, SO JUST FOLLOW UP ON HIS, JUST, JUST FOR CLARIFICATION, SO THE THREE FOOT, UM, I GUESS NON YOU, I GUESS PERMITTED, UH, THREE FOOT WOULD BE FROM THAT PERTAINING WALL? YES, SIR. OKAY. [02:25:40] MAY I ASK ANOTHER QUESTION FROM CITY STAFF? FOR CITY STAFF? SO THE QUESTION THAT I HAVE, UM, IS ON THE NEXT MOTION WE'RE TALKING ABOUT FIVE FOOT 10 INCHES. IS THAT MEASURED FROM THAT TOP OF THAT CURB, OR IS THAT MEASURED FROM THE, FROM THE, YOU KNOW, FROM THE SIDEWALK IN OTHER WORDS? YEAH. UM, THAT WAS MEASURED WAS THE QUESTION WAS, WAS IT MEASURED FROM THE TOP OF THE RETAINING WALL? YES, IT WAS FOR THE TOP OF THE RETAINING WALL. OKAY. SO THE SIDE FENCE IS, IS WE'LL SAY SIX FOOT. AND SO WOULD, SO, YOU KNOW, I, I GUESS IF WE WANNA MAX HEIGHT OF SIX FOOT ON THE SIDE, I MEAN, COULD THAT BE PART OF THE DIALOGUE AS WELL THEN TO SAY THE MAX HEIGHT OF THE FENCES CAN BE SIX. THE, THE RETAINING WALL IS TREATED AS THE GROUND, SO WE WOULDN'T DISTI WE WOULDN'T, UH, TAKE AWAY ANYTHING FROM THE APPLICANT 'CAUSE OF THE RETAINING WALL AS LONG AS IT'S BEING USED AS A RETAINING WALL, NOT FOR DECORATION OR SOMETHING LIKE THAT. GOOD. STUCK? YES. , UH, COMMISSIONERS THAT ARE ONLINE, WE'RE GONNA CLOSE OUT THIS MEETING AND WE'RE GONNA SEND YOU ANOTHER LINK HERE IN ABOUT TWO MINUTES WHILE WE'RE ON BREAK. OKAY. UM, CASE NUMBER, UH, 0 0 0 2 5. I THINK WE WERE AT A POINT WHERE WE WERE VOTING ON THE CLEAR VISION AND, UH, COMMISSIONER MANNA HAD THE, HAD THE MOTION. DO YOU WANNA REREAD THE MOTION SO THEN WE COULD SH SHOULD I, SHOULD I REREAD THE MOTION OR DID, DID CRUZ HEAR IT BEFORE SHE HEARD IT? OKAY, SO WE SHE HEARD EVERYTHING. SHE JUST COULDN'T VOTE BECAUSE SHE, WE HAVE TO SEE HER ON SCREEN. SO DOES ANY OF THE BOARD NEED ME TO REREAD IT? JUST TO RESTATE IT, IT WAS A, IT WAS A CLEAR VISION. THREE FEET OF SOLID WITH THREE FEET OF, OF, UM, WELL JUST PREDOMINANTLY OPEN. ACTUALLY, I PREDOMINANTLY OPEN IS ALL I LEFT IT. SO PREDOMINANTLY OPEN FENCING IN THE CLEAR VISION AREA IS, IS HOW THE MOTION WAS READ. OKAY, THANK YOU. AND MS. KAPLAN, THAT WAS A SECOND. GIVE US A SECOND. YEAH, THAT'S OKAY. SO LET'S GO AHEAD WITH THE ROLL CALL VOTE THERE. MR. MANNA, I CONCUR WITH THE FINDINGS OF FACT MS. KAPLAN CONCUR WITH, I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. MENCHACA? I CONCUR. MS. CRUZ. MR. ZUNIGA? [02:30:01] YES. MR. VASQUEZ? YES. MR. OZUNA? YES. CHAIR ORIAN? YES. OKAY. NINE IN FAVOR. ZERO AGAINST THE CLEAR VISION, UH, PORTION OF THE, OF THE VARIANCE PASSES. NOW WE'LL TAKE A MOTION ON THE HEIGHT OF THE DEFENSE. MANA, MR. MANA, REGARDING CASE NUMBER BO 8 2 3 1 0 3 0 0 0 2 5. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A, UM, TWO FOOT 10 INCH SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT REQUIREMENT TO ALLOW A FIVE FOOT 10 FOOT, UH, PREDO, 10 INCH, A FIVE, I'M SORRY, FIVE FOOT, 10 INCH. UM, PREDOMINANTLY OPEN FENCE IN THE, UH, SIDE FROM THE SIDE OF THE HOUSE TO THE FRONT STREET, UM, UM, AND A, UH, FOUR FOOT PREDOMINANTLY OPEN FENCE ALONG THE, ALONG THE STREET, SITUATED AT 1 6 1 7 SAUTE STREET APPLICANT BEING MARIA MARTINEZ. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY OF THE SPIRIT AND PURPOSE OF THE CHAPTER. THE D D C STATES THAT THE BOARD OF ADJUSTMENT CAN GRANT, GRANT A SPECIAL EXCEPTION FOR A FENCE HEIGHT MODIFICATION. STAFF FINDS PROPOSED FIVE FOOT 10 FOOT, FIVE FOOT, 10 INCH, PREDOMINANTLY OPEN SCREEN FENCE, UH, WILL, UH, BEING REQUESTED IN THE FRONT YARD IS IN HARMONY WITH THE SPIRIT PURPOSE OR, OR I GUESS OR SIDE A SIDE FENCE AND FOUR FOOT PREDOMINANTLY OPENED, UH, IN THE FRONT YARD, UH, IS IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE AS IT IS INTENDED TO PROVIDE SAFETY AND SECURITY FOR THE SUBJECT PROPERTY. THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY BE THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THESE CRITERIA ARE, ARE REPRESENTED BY FENCE SITES TO PROTECT PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY FENCE AT HIS CURRENT HEIGHT APPEARS TO SERVE THE PUBLIC WELFARE AND CONVENIENCE. SEE, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPER, UH, PROPOSED USE DEFENSE WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT AND ADJACENT PROPERTIES. THEREFORE, THE ADDITIONAL, UH, FRONT FENCE HEIGHT WILL NOT SUBSTANTIALLY INJURE NEIGHBORING 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 ADDITIONAL FENCE HEIGHT IN THE FRONT YARD WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THERE IS ALREADY ESTABLISHED PRECEDENT FOR FRONT YARD FENCES IN THE IMMEDIATE AREA. UH, E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATION HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT BECAUSE THE FENCE WILL ONLY BE LOCATED. UM, THE TALLER FENCE WILL BE LOCATED ALONG, UH, THE SIDE PROPERTY LINES AND THE FRONT WILL BE EXISTING, UH, MATCH THE EXISTING, UH, FENCES ALONG THAT STREET, UH, PASSED ALONG THE FRONT FACADE OF THE HOUSE. AND THE MOTION. UH, UH, CAN I ASK JUST BEFORE WE, BEFORE I SECOND THIS MOTION, UH, SO THIS MEANS THAT I JUST WANNA VERIFY THAT WE'RE, WE TALKED ABOUT THIS MM-HMM. THAT, UH, PREDOMINANTLY OPEN UNTIL THE BUILDING AND THEN IT COULD BE SIX FEET, UH, PAST THE BUILDING ON THE SIDE BEHIND IT. SO, SO BEHIND IT, UH, THAT'S NOT PART OF THIS, UH, DIALOGUE. AND SO THE, SO THE APPLICANT CAN DO, UM, SIX FOOT BY RIGHT. AND SO, BUT A FRONT OF THE HOUSE IT IS. OKAY. OKAY. SO IT'S FOUR FEET. FOUR FEET. SO FOUR FEET ALONG THE FRONT STREET FOOTAGE. YEAH. AND THEN, UH, FROM THE STREET TO THREE FEET AND YEAH. THREE FEET AND, AND OKAY. FIVE FOOT OR UH, THREE FOOT AND THEN TWO FOOT 10 INCHES. YES. AND, OKAY. DOES THAT MAKE SENSE EVERYBODY? OKAY. WE GOT IT. OKAY, LET'S GO AHEAD WITH THE ROLL CALL VOTE. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. MANCHACA. I CONCUR. MS. CRUZ? MR. ZUNIGA? MR. MR. ZUNIGA? HELLO MA'AM, CAN YOU HEAR US? UM, YOU'LL HEAR US ON THE VIDEO. OKAY. HOLD ON. HOLD ON. HOLD ON. MR. ZUNIGA, ARE YOU UNMUTED? FROZEN? HE IS FROZEN. IF WE COULD GET YOU ON SCREEN MS. CRUZ, THEN WE CAN DEFINITELY HEAR YOU NOW. CAN YOU HEAR ME? [02:35:07] MR. ZUNIGA? MR. ZUNIGA, WE'RE TAKING A ROLL CALL VOTE. MR. ZUNIGA, CAN YOU, OKAY, WELL I THINK YOU'RE HEARING US FROM MARCO'S CELL PHONE. CAN YOU HEAR OKAY? CAN WE GET MR. ZUNIGA AND MR. ORIAN ON THE VOTE? SO WE COMMISSIONER ZUNIGA, CAN YOU HEAR US? CAN ANY OF THE COMMISSIONERS HEAR US ON THE WEBEX? IF YOU CAN PLEASE REPLY ANY OF THEM. CAN YOU HEAR MR. ZUNIGA? CAN YOU HEAR US? YEAH. AWESOME. OKAY. AND MR. ORIAN, LET'S TEST YOUR AUDIO. I CAN HEAR YOU ALL FINE. CAN YOU HEAR ME? YES, SIR. THANK YOU. CAN WE GET MS. CRUZ? CAN I JUST GET, ARE YOU STILL CALLING? ROLL? YES, WE WERE. YES. WE'RE CALLING ROLL. OKAY. CAN WE GET MR. ZUNIGA QUICK? MS. ZUNIGA? MS. OKAY. ARE YOU FOR OR AGAINST MR. ZUNIGA? WE'RE DOING ROLL CALL. OH YEAH, I'M FOR, OKAY. MR. UNA? YES. OH, I CAN SURE. CHAIR ORIAN. I ALSO CONFER, DID WE HAVE MS. CRUZ AS AN AFFIRMATIVE VOTE FOR THAT? MS. CRUZ VASQUEZ HAS NOT VOTED. VA MR. VASQUEZ? YES. THANK YOU MR. VASQUEZ. . SORRY. OKAY, WE'RE, WE'RE WAITING FOR THE LAST, [02:40:04] YOU SEE [02:47:25] MS. CRUZ. SO STAFF, IS THERE ANY RESOLUTION TO THE, UH, UH, TECHNICAL DIFFICULTIES HERE OR WHAT? WE CAN SEE HER NAME. OKAY. OKAY, NOW WE CAN SEE HER FACE. NOW WE JUST NEED TO GET A, A VOTE. CAN WE GET THE VOTE? UM, SO HANG ON ONE SECOND. THUMB VOTE. DEAR VOTES, MS. CRUZ, WE'RE, WE'RE NEEDING TO CLOSE OUT THE VOTE ON CASE NUMBER 25 THUMB VOTE. CAN WE GET A CONCURRENCE, A THUMBS UP VOTE OR CONCURRENCE? OH MY GOD. THE WHAT? THE VOTE ON THE FENCE? UM, WE, NO, THE ONE THAT THEY WERE DISCUSSING A FEW MINUTES AGO. NO, I DIDN'T HEAR, I DIDN'T HEAR ANY PART OF IT, SO I, I CAN'T. OKAY. UM, THE ONLY THING THEY DISCUSSED IS THE MOTION. SO I CAN GO OVER THE MOTION. YEP. LET'S, LET'S RERE THE MOTION. UH, THEY'RE GONNA GO OVER THE MOTION ONE MORE TIME, SO I'LL GO AHEAD AND REREAD THE MOTION CASE. SO, UM, REGARDING CASE NUMBER BO 8 2 3 1 0 0 3 0 0 0 2 6, I MOVED THAT THE BOARD OF ADJUSTMENT GRANT OR REQUEST, OH WAIT. ALRIGHT, MOVED ON. UM, [02:50:01] UM, REGARDING CASE NUMBER, UH, ENDING, UH, 0 0 2 5, I MOVED THAT THE BOARD OF ADJUSTMENT GRANT OR REQUEST FOR A TWO FOOT 10 INCH SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT FRONT OR SIDE FRONT FENCE HEIGHT, ESSENTIALLY FROM THE FRONT FACADE TO THE STREET TO ALLOW A FIVE FOOT 10 INCH, UH, PREDOMINANTLY OPEN FENCE IN THE, UH, ON THE FRONT SIDE YARD. AND THEN A, UM, FOUR FOOT, UM, UM, PREDOMINANTLY OPEN FENCE ALONG THE STREET SITUATED AT 1 6 1 7 SATYA STREET, APPLICANT BEING MARIA MARTINEZ. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE U D C STATES THAT THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL, SPECIAL EXCEPTION FOR FENCE HEIGHT MODIFICATION. STAFF FINDS THAT THE PROPOSED FIVE FOOT 10 INCH PREDOMINANTLY OPEN FENCE REQUESTED ON THE SIDE FRONT, UM, AND FOUR FOOT IN THE FRONT YARD, IS IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCES IN WHICH IS INTENDED TO PROVIDE SAFETY AND SECURITY FOR THE SUBJECT PROPERTY. UH, B THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THESE CRITERIA ARE REPRESENTED BY FENCE HEIGHTS TO PROTECT PROPERTY OWNERS WHILE STILL PROMOTING A SENSITIVE COMMUNITY. THE FENCE THAT IS CURRENT HEIGHT APPEARS TO SERVE THE PUBLIC WELFARE AND CONVENIENCE. SEE, THE NEIGHBORING PROPERTY WILL BE SUBSTANTIALLY, UH, WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE DEFENSE WILL WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT AND ADJACENT PROPERTIES. THEREFORE, THE ADDITIONAL FRONT YARD FENCE HEIGHT WILL NOT SUBSTANTIALLY INJURED NEIGHBORING PROPERTIES THAT'S FRONT SIDE YARD FENCE HEIGHT. UM, 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 ADDITIONAL FENCE HEIGHT IN THE, UH, SIDE FRONT YARD WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THERE IS ALREADY ESTABLISHED PRECEDENCE FOR FRONT YARD FENCES, A FOREFOOT IN THE IMMEDIATE AREA. UM, E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT WITH, UH, BECAUSE THE FENCE WILL ONLY BE LOCATED ALONG. UH, THE TALLER FENCE WILL BE ALONG THE FRONT SIDE PROPERTY LINE AND THEN, UM, AND THEN FOUR FOOT ALONG THE FRONT YARD, UH, PAST, UH, I GUESS ALONG FRONT STREET. UM, AND THE MOTION. SO ESSENTIALLY, UM, UH, MS. CRUZ WAS JUST, UM, ALLOWING FOR A LITTLE BIT TALLER ON THE SIDE, PREDOMINANTLY OPEN AND MAINTAINING ESSENTIALLY THE SAME HEIGHTS ALONG THE FRONT. UM, PREDOMINANTLY OPEN. THANK YOU, MR. MANA. MS. CRUZ, AT THIS TIME WE'RE SEEKING A CONCURRENT VOTE FOR THE, UM, FOR THE SPECIAL EXCEPTION. A THUMBS UP WOULD SUFFICE. DID YOU GET THAT MS. CRUZ? UH, NO. I'M SORRY. I DID NOT. WHAT WAS SHE ASKING? JUST SEEKING A CONCURRENCE ON THE MOTION. I HEARD THE PROPOSAL AND I UNDERSTAND, BUT HAVE WE VOTED ON THIS ALREADY? YES. YEAH, THEY'RE WAITING ON YOUR VOTE, MA'AM. OH, OKAY. YES, I CONCUR WITH THE UNANIMOUS NINE IN FAVOR. ZERO AGAINST THE MOTION PASSES. UH, THANK YOU. GOOD LUCK WITH THE PROJECT AND APOLO APOLOGIES. UH, NEXT CASE PLEASE. B O A DASH TWO THREE DASH 0 3 0 0 2 6 AT 5 5 5 2 NORTHWEST LOOP FOUR 10. AND COUNCIL DISTRICT SEVEN, THE APPLICANT IS LANGAN ENGINEERING AND ENVIRONMENTAL SERVICES AND THE REQUEST IS FOR A SEVEN FOOT SIX INCH VARIANCE FROM THE MINIMUM 15 FOOT BUFFER TO ALLOW A SEVEN FOOT SIX INCH BUFFER ON THE NORTH AND SOUTH PROPERTY LINES AND IT'S SOW TO I ONE AND INDUSTRIAL. UH, YES NUMBER. OKAY, THE SUBJECT PROPERTY IS LOCATED ALONG NORTHWEST LOOP FOUR 10 NEAR THE SOUTHEAST END OF LEON VALLEY AND THE APPLICANT REQUESTED A VARIANCE FOR REDUCTION OF THE BUFFER ON THE NORTH AND SOUTH PROPERTY LENS. THIS IS THE SITE PLAN AND THE PROPERTY IN QUESTION. ANOTHER PICTURE AND THEN OF THE SURROUNDING AREA. STAFF RECOMMENDS APPROVAL IN BO O A DASH TWO THREE DASH 1 0 3 0 0 26 BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUESTED SEVEN FOOT SIX INCH BUFFER PROVIDES ADEQUATE NOISE AND LIGHT PROTECTION TO NEIGHBORING PROPERTIES. STAFF MAILED THAT TWO NOTICES. [02:55:01] NO, NONE IN FAVOR. NONE IN OPPOSITION. AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION. THAT CONCLUDES STAFF PRESENTATION AND APPLICANT IS PRESENT. THANK YOU. UH, ANY QUESTIONS FOR STAFF? STAFF? IS THIS URI HERE? COULD YOU, UH, ZOOM IT IN AGAIN? WHAT WAS YOUR QUESTION MR. ZUNIGA? I WANTED TO, UH, TO SEE, UH, WHAT THE PRESENTATION IS AND, UH, WE HAVE TO MAKE IT LARGER. OKAY. WHILE WE'RE DOING THAT, ANY OTHER QUESTIONS FOR STAFF HEARING ON THE APP, UH, MR. ORIAN? YEAH, STAFF, UH, RESTAURANTS WITH THE DRIVE-THROUGH ARE ALLOWED IN AN I ONE DISTRICT. YES, SIR. ALRIGHT, THANK YOU. THANK YOU. AT THIS POINT, WOULD ASK THE APPLICANT TO PLEASE COME FORWARD. I JUST, AND STATE YOUR NAME FOR THE RECORD. GOOD AFTERNOON. GOOD AFTERNOON. MY NAME IS MATTHEW CORTI. I'M WITH LANG AND ENGINEERING. I'M THE CIVIL ENGINEER OF RECORD FOR THIS PROJECT, UH, FOR CHICK-FIL-A. SO AS STAFF MENTIONED, WE ARE LOOKING FOR A, A VARIANCE FROM THE 15 FOOT LANDSCAPE SETBACK ALONG BOTH THE LOOP FOUR 10 FRONTAGE AND THE DAURY ROAD FRONTAGE. SO IT KIND OF WRAPS ALL THE WAY AROUND THE SITE THERE. UH, THE ONLY BOUNDARY THAT ISN'T AFFECTED BY THAT LANDSCAPE BUFFER IS THE EASTERN MOST BOUNDARY THERE IN BETWEEN THE CHICK, THE PROPOSED CHICK-FIL-A LOCATION AND THE, UH, EXISTING STORAGE FACILITY THAT'S THERE. UM, WE ARE JUST REQUESTING A VARIANCE OF SEVEN AND A HALF FEET FROM THE 15 FOOT. SO WE'RE STILL PROVIDING SEVEN AND A HALF FEET ALL THE WAY AROUND THOSE TWO FRONTAGES. UH, AS FAR AS THE HARDSHIP IS CONCERNED, AS YOU KIND OF SEE THE SHAPE OF THE SITE'S A LITTLE BIT FUNKY. UM, ADDITIONALLY WE'RE HAVING TO DO PRETTY MAJOR IMPROVEMENTS IN THE TDOT RIGHT AWAY ON FOUR 10 TO ADD A TURN LANE, UH, ADD ADDITIONAL SIDEWALK ALONG BOTH FOUR 10 AND DAUGHTRY ROAD. THIS PLAN DOESN'T QUITE SHOW AS MUCH OF THAT LANDSCAPE OR AS MUCH OF THAT SIDEWALK THAT WE'RE ADDING, BUT WE ARE EXPANDING IT TO A FULL 10 FOOT SIDEWALK ALONG THAT BOUNDARY AS WELL. UM, BUT JUST IN GENERAL, THE SHAPE OF THE SITE, WIDTH OF THE SITE AND SOME OF THE OTHER CONSTRAINTS THAT WE'VE BEEN, UH, IMPOSED BY TEXT THOUGHT TO COMPLY WITH HAVE, UH, CAUSED US TO TRY AND ASK FOR THIS VARIANCE. THANK YOU, SIR. LET'S SEE IF WE HAVE ANY QUESTIONS FROM THE BOARD. MANA, MR. MANAM? SO, SO JUST AS A REMINDER, OR JUST TO CLARIFY MAKING SURE, SO WITH REGARDS TO THE VARIANCE FOR THE BUFFER, SO, SO ALL THE LANDSCAPING REQUIREMENTS WILL BE BASICALLY CONTAINED IN THAT, IN IN THE REDUCED BUFFER, CORRECT. SO ALL THE THAT'S CORRECT. THE CURRENT AMOUNTS THAT ARE CURRENTLY THERE. YES SIR. AND THEN, UM, IF YOU BRING UP THE THIRD, UH, THE PICTURE JUST BELOW THIS ONE, SO THE NEXT PICTURE SHOWS, THERE YOU GO. THERE. SO, SO DO YOU KNOW WHAT THAT DISTANCE IS? SO THAT GREEN SPACE RIGHT THERE, IS THAT ABOUT THE WIDTH OF THAT YOU'RE LOOKING FOR IS BASICALLY MAINTAIN THAT PARTIC THAT THAT WIDTH THERE. SO WE'RE ACTUALLY ADDING MORE LANDSCAPE TO WHAT'S THERE CURRENTLY. UH, IF YOU LOOK AT THAT ONE, IT'S ABOUT A FIVE FOOT SETBACK FROM THE PROPERTY BOUNDARY. SO THE PROPERTY BOUNDARY IS ESSENTIALLY RIGHT ALONG THE RIGHT SIDE OF THAT SIDEWALK AS YOU'RE SEEING IT RIGHT NOW. SO WE'RE ACTUALLY ADDING ANOTHER TWO AND A HALF FEET. THANK YOU MR. MANNA. ANY OTHER QUESTIONS FOR THE APPLICANT? ORIAN MR. ORIAN? SO, UH, SO THIS, THIS, UH, ALONG FOUR 10, ARE YOU PUTTING IN A 10 FOOT SIDEWALK? YES, THAT'S CORRECT. YOU KNOW THAT THAT CHANGED RIGHT? JANUARY 1ST, YOU ONLY NEED A SIX FOOT. WOULD THAT ALLOW YOU TO PUT A BIGGER BUFFER? UM, WE COULD LOOK INTO THAT. I KNOW TDO WAS HOLDING PRETTY STEADY TO HAVING A FULL 10 FOOT WIDTH, BUT IF THAT HAS CHANGED, WELL, THEY, THEY ONLY ASKED FOR 10 BECAUSE THEY THINK THE CITY WANTS 10, BUT THAT WAS CHANGED. THE U THAT PORTION OF THAT TABLE, THE UH, THE U D C WAS CHANGED. OKAY. AS PART OF THE U D C AMENDMENT. SO THEY EXCLUDED TEXTILE HIGHWAYS FROM, FROM PART OF THE SIDEWALK FACILITIES AND SO NORMALLY IT WOULD JUST BE A, THEIR STANDARD FIVE FOOT SIDEWALK. AND SO, YOU KNOW, I'M JUST WONDERING IF YOU DON'T PUT THE 10 FOOT SIDEWALK IN, COULD YOU PUT A BIGGER BUFFER JUST ON THE FOUR 10 SIDE? WE DEFINITELY COULD PUT A LITTLE BIT OF EXTRA ROOM THERE. UH, I KNOW THAT WE DID, WE ACTUALLY HAVE SUBMITTED FOUR PERMIT ON THIS SITE AS WELL, UH, CONCURRENT WITH THIS VARIANCE REQUEST. AND I KNOW WE GOT STAFF COMMENTS FROM CITY STAFF THAT SAID WE WERE REQUIRED TO HAVE A FULL 10 FOOT SIDEWALK BUFFER OR SIDEWALK. WELL, I'M, I'M, I'M ONLY TELLING YOU THIS 'CAUSE I'M THE ACTUAL PERSON WHO PUT THAT AS THE U D C AMENDMENT. SURE. I KNOW THAT. SO I, I MEAN THAT'S HOW I KNOW ABOUT IT. I MEAN, THAT WAS, I MAY NEED TO MENTION THAT , YOU SAVE YOU CLIENTS MONEY. YEAH. AND, AND IF YOU GO TO THE TABLE, THEY EXCLUDED THAT FROM, THEY, YOU'RE JUST SUPPOSED TO DEAL WITH TXDOT. I MEAN, THEY MAY WANT A 10 FOOT, BUT I'M JUST SAYING WE HEAR ABOUT BUFFERS AND YOU'RE TALKING ABOUT AN EXTRA FOUR FEET. YEAH. SO I'M JUST, UH, CURIOUS. THANK YOU. THANK YOU. LET'S SEE, ANY OTHER, UH, BOARD MEMBERS HAVE A QUESTION FOR THE APPLICANT, THE STAFF? DO WE HAVE ANY, UH, PUBLIC COMMENTS OR RECORD TO, TO READ INTO THE RECORD? NO. PUBLIC COMMENT. ALL RIGHTY. WOULD YOU LIKE TO, UH, MR. MATTHEW, WOULD YOU LIKE [03:00:01] TO PROVIDE ANY, UH, FINAL REBUTTAL TO OR COMMENT? OH, WE JUST APPRECIATE Y'ALL'S CONSIDERATION AND CHICK-FIL-A'S READY TO PUT ANOTHER SITE IN YOUR CITY. THANK YOU, SIR. UH, AT THAT, AT THIS POINT, I'D CLOSE THE PUBLIC PORTION AND ASK A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION. DONALD, DID I HEAR YOUR NAME, DONALD? SURE. I'LL DO IT. OKAY. YEAH. I'LL , UH, REGARDING CASE, UH, NUMBER BO OA DASH 23 DASH 1 0 3 0 26. I MOVE THE BOARD OF ADJUSTMENT GRANDER REQUEST FOR A SEVEN FOOT SIX VARIANCE FROM THE MINIMUM 15 FOOT BUFFER TO ALLOW A SEVEN FOOT SIX INCH BUFFER ON THE NORTH AND SOUTH PROPERTY LINE, SITUATED AT 5 5 5 2 NORTHWEST LOOP FOUR 10, APPLICANT BEING MARK CIO. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER, UH, OF THIS PROPERTY IS SUCH THAT THE LIBERAL ENFORCEMENT OF THE PROVISION OF THE UNIFIED OLYMPIC CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. TYPICALLY, YOU FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE REDUCED BUFFER WILL LEAVE ENOUGH ROOM BETWEEN, UH, PROPERTIES TO REDUCE NOISE AND TO SO NOT CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS OF LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. THE FULL LANDSCAPE BUFFER WOULD REDUCE THE AMOUNT OF SPACE THE APPLICANT CAN BUILD ON THE PROPERTY, WHICH WOULD RESULT IN AN UNNECESSARY HARDSHIP. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS INTENT OF THE CODE RATHER THAN THE EXTENT, UH, EXACT LETTER OF THE LAW TO REDUCE LANDSCAPE. BUFFER WILL OBSERVE THE SPIRIT OF THE ORDINANCE AS IT WILL LEAVE A, UH, BUFFER 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 USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCES 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 TO REDUCE LANDSCAPE BUFFER WILL NOT SUBSTANTIALLY ENTER THE APPROPRIATE USE OF THE ADJACENT PROPERTIES AS A BUFFER VARIANCE TO SOUGHT, UH, BEING SOUGHT, UH, BORDER OF COMMERCIAL PROPERTIES. SIX. SUPPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE, THE OWNER OF THE PROPERTY WERE NOT AND ARE NOT MERELY FINANCIAL, ARE NOT DUE TO OTHER RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS IT APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE REDUCED LANDSCAPE VARIANCES ARE SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE LOCATION OF THE PROPERTY. END OF MOTION. SECOND. A SECOND FOR MR. MANNA, UH, DISCUSSION. YEAH. YEAH. I'M GONNA BE A, FOR, THIS IS GONNA BE MORE LANDSCAPING THAT WAS THERE BEFORE. IT WAS A, IT LOOKS LIKE IT WAS A PREVIOUS COMMERCIAL USE AND WHETHER OR NOT THEY END UP BUILDING A 10 FOOT SIDEWALK. I MEAN, EITHER WAY I'M, I'M, I'M FINE WITH EITHER LESS SIDEWALK OR MORE LANDSCAPING OR WHAT THEY'RE ASKING FOR ON A 10 FOOT SIDEWALK. UM, EITHER WAY, I THINK THE PUBLIC SERVED, I DRIVE BY THIS ON A DAILY BASIS. I CONCUR WITH MY COLLEAGUE. THANK YOU, SIR. ALRIGHT. UM, READY FOR ROLL CALL, VOTE CHAIR. ORIAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MADA. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. YOU SAID THAT ONE MORE TIME. YES, I CONCUR. MR. SPIELMAN. I CONCUR. MR. MENCHACA. I CONCUR. MR. ZUNIGA. I CONCUR. MS. KAPLAN I CONCUR. MR. VASQUEZ. I CONCUR. MR. ZUNA? YES, I CONCUR. ARE UNANIMOUS. NINE OF ZERO AGAINST THE VARIANCE PASSES. GOOD LUCK WITH THE PROJECT. THANK YOU. NEXT CASE, BO O A DASH TWO THREE DASH 1 0 3 0 0 0 2 7 AT 2 2 0 3 SOUTHEAST LUTE FOUR 10 COUNCIL DISTRICT TWO. UM, AND THE APPLICANT IS MARK VECCHIO, AND THE REQUEST IS FOR A 22 FOOT SIX INCH VARIANCE FROM THE MINIMUM 30 FOOT BUFFER TO ALLOW A SEVEN FOOT SIX INCH BUFFER ALONG THE NORTH AND SOUTH PROPERTY LINES. AND IT'S ZONED I ONE . THE SUBJECT PROPERTY IS LOCATED ALONG FOUR 10 ON THE SOUTHEAST SIDE NEAR CHINA GROVE AND THE APPLICANT REQUI REQUESTED FOR THE 22 FOOT SIX INCH VARIANCE FROM THE REQUIRED 30 FOOT BUFFER TO HAVE A SEVEN FOOT SIX INCH BUFFER ON THE NORTH AND SOUTH PROPERTY LINES AND THE BUFFER REDUCTIONS REQUESTED BORDER COMMERCIAL USES. HERE'S THE SITE PLAN AND THE SUBJECT PROPERTY, AND JUST ANOTHER ANGLE. AND HERE'S THE SURROUNDING AREA. STAFF RECOMMENDS APPROVAL IN BO O A DASH 23 DASH 0 3 0 0 2 7 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE REDUCED BUFFERS REQUESTED BORDER OF COMMERCIAL USES AND TWO, APPLYING THE FULL BUFFER WOULD SIGNIFICANTLY LIMIT THE USABILITY OF THE PROPERTY. WE MAILED OUT 14 NOTICES. UM, FOR THIS. I ACTUALLY DID RECEIVE TWO IN FAVOR. UM, IT'S NOT MARKED ON THERE FOR SOME REASON, BUT IT'S THE, IT'S THE 5 1 1 5 WHERE TACO CABANA IS IN 2 2 1 5. SO IT'S THESE TWO. AND THAT [03:05:01] CONCLUDES STAFF PRESENTATION AND APPLICANT IS PRESENT. THANK YOU. LET'S SEE. ANY QUESTIONS FOR STAFF? HEARING NONE THE APPLICANT PLEASE. UH, YOU LOOK FAMILIAR. PLEASE COME FORWARD WITH YOUR PRESENTATION ONCE AGAIN. GOOD AFTERNOON. NAME IS MATTHEW CORTI. I'M WITH LANG AND ENGINEERING CIVIL ENGINEER FOR THE PROJECT. UH, AS STAFF EXPLAINED, WE ARE JUST ASKING FOR A VARIANCE FROM THE 30 FOOT BUFFER REQUIREMENT ALONG THE NORTH PROPERTY BOUNDARY. THERE'S A BANK IMMEDIATELY TO THE NORTH THAT IS A SIMILAR COMMERCIAL USE, AND WE ARE ACTUALLY INCREASING THE LANDSCAPING BOTH ON THE EAST, WEST, AND SOUTH SIDES OF THE SITE FROM WHAT IT IS CONDITION EXISTING. UH, THERE'S A 15 FOOT BUFFER AT THE EAST SIDE, 15 FOOT ON THE WEST, AND WE ARE COMPLYING FULLY WITH BOTH OF THOSE. UH, ADDITIONALLY, JUST ANOTHER LITTLE TIDBIT ABOUT THIS, THE SITE IMMEDIATELY TO OUR SOUTH, WE DON'T KNOW EXACTLY WHAT IT'S GOING TO BE. IT'S EXPECTED TO BE A COMMERCIAL ENTITY AS WELL. FROM WHAT I'VE HEARD. IT'S ANOTHER Q S R, UH, QUICK SERVE RESTAURANT. AND AS PART OF THIS DEVELOPMENT, TEXDOT HAS REQUIRED US TO DO A FULL TRAFFIC IMPACT ANALYSIS STUDY. WE'VE COMPLETED THAT AND SUBMITTED IT TO THEM, BUT THEY ARE REQUIRING US TO PUT A FULL TURN LANE, CLOSE BOTH DRIVEWAYS FOR OUR PARCEL AND THE ADJACENT PARCEL, AND THEN HAVE ONE COMMON DRIVEWAY BETWEEN THE TWO OF US. SO IT SHOULD DRASTICALLY IMPROVE SOME TRAFFIC. UH, BUT AS PART OF THAT DEDICATION AND TRYING TO MAKE ALL THAT HAPPEN, TRYING TO GET OUR SITE TO WORK, AND WE'VE BEEN A LITTLE BIT RESTRICTED BY THAT 30 FOOT LANDSCAPE BUFFER. SO THAT'S WHY WE'RE ASKING FOR THE REQUEST. AND THIS IS ANOTHER CHICK-FIL-A, RIGHT? CORRECT? YES, CORRECT. MM-HMM. . OKAY. ANY QUESTIONS FOR THE APPLICANT? MACHACA, MR. MACHACA, SIR? UH, COULD YOU TAKE THE POINTER AND POINT OUT TO ME, UH, MORE OR LESS WHAT YOU'RE SHOW TRYING TO TELL US? SURE. IF I CAN FIGURE OUT HOW TO WORK IT. OH, HELPS IF YOU PRESS THE BUTTON. UH, SO THIS UP HERE IS, UH, THE PROPERTY TO THE NORTH OF OUR SITE. IT IS CURRENTLY A BANK USE AND TYPICALLY YOU WOULD BE REQUIRED JUST 'CAUSE OF OUR COMMERCIAL ZONING TO HAVE A 30 FOOT LANDSCAPE BUFFER RIGHT HERE WHERE OUR DRIVE-THROUGH IS LOCATED. UH, WE'RE ASKING FOR JUST A SEVEN AND A HALF FOOT LANDSCAPE BUFFER IN LIEU OF THAT 30 FOOT. UM, THE OTHER LANDSCAPE BUFFERS I MENTIONED THAT ARE NOT CURRENTLY, THE SITE DOES NOT CURRENTLY COMPLY WITH IN ITS CURRENT STATE ARE ALONG THIS EASTERN PROPERTY BOUNDARY HERE AND THIS WESTERN PROPERTY BOUNDARY HERE. SO WE'RE ACTUALLY INCREASING THE LANDSCAPE VARIANT LANDSCAPE SET BACK THERE AS WELL. AND THEN ALONG THE SOUTHERN PROPERTY, IT'S ONLY REQUIRED TO BE AT FIVE FOOT AND WE'RE PROVIDING A SEVEN AND A HALF. SO THE TRADE OFF, THE NET NET IS THAT YOU'RE, YOU'RE GAINING MORE ON THOSE OTHER BOUNDARIES, BUT THEN GIVING UP A LITTLE BUFFER? YEAH, THAT'S CORRECT. BUT NOT TRADING OFF ON THE, UH, TREES OR ANY OF THE PLANTING REQUIREMENTS WITHIN THAT BUFFER ZONE? CORRECT. WE'RE STILL PROVIDING ALL THE REQUIRED TREES AND, AND THE REQUIRED AMOUNTS. THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT? MANNA, MR. MANNA? UM, COULD YOU BRING UP THE OVERHEAD OR AN AERIAL VIEW OF, FOR GOOGLE MAP OF THIS LOCATION HERE, AND I JUST WANT TO VERIFY THE EXISTING BORDER THAT EXISTS WITH THE BANK AND THE PARKING LOT THAT'S THERE AND JUST CHECKING, YOU KNOW, HOW THAT SIZE IS CHANGING IF YOU ZOOM IN A LITTLE BIT MORE SO YOU CAN GET A LITTLE BIT MORE, A LITTLE BIT MORE, A LITTLE BIT MORE THERE. SO, SO I SEE, UH, A TRASH DUMPSTER CURRENTLY IN THE BACK, UH, I GUESS NORTH, UH, WEST CORNER. UM, AND THERE'S A FENCE LINE. SO I'M ASSUMING THAT FENCE LINE DIVIDES PROPERTY IN HALF. AND SO DO YOU KNOW WHAT THE WIDTH IS OF THAT GRASS THERE? AND THEN SO, SO WHAT ADDITIONAL SPACE OR LESS SPACE WILL BE BASED UPON THAT FENCE LINE? SURE. YEAH. UH, I BELIEVE RIGHT NOW I'D SAY FIVE FOOT SETBACK THAT THEY'RE CURRENTLY COMPLIANT WITH. SO WE'LL BE INCREASING THAT TO SEVEN AND A HALF. THANK YOU. THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT AND STAFF? DID WE HAVE ANY, UM, PUBLIC COMMENTS TO READ INTO THE RECORD? NO PUBLIC COMMENT. OKAY. UH, MR. MATTHEW, WOULD YOU LIKE TO PROVIDE ANY FINAL COMMENTS AS SUCH BEFORE WE CLOSE THE PUBLIC BOARD? AS I SAID, WITH THE OTHER CHICK-FIL-A, CHICK-FIL-A IS READY TO COME IN AND PUT ANOTHER SITE IN YOUR, IN YOUR TOWN. SO THANK YOU, SIR. I'M READY TO MAKE A MOTION. OKAY, MS. KAPLAN, THANK YOU'ALL REGARDING CASE NUMBER BO A DASH 23 DASH 1 0 3 0 0 27. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR 22 FOOT SIX INCH VARIANCE FROM THE REQUIRED 30 FOOT BUFFER TO ALLOW A SEVEN FOOT SIX INCH BUFFER ALONG THE NORTH AND SOUTH PROPERTY LINES SITUATED AT 2 2 0 3 SOUTHEAST LOOP FOUR 10, APPLICANT BEING MARK VECCHIO. 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 [03:10:01] HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE REDUCED BUFFER WILL LEAVE ENOUGH ROOM BETWEEN PROPERTIES TO REDUCE NOISE, AND SO IS NOT CONTRARY TO THE PUBLIC INTEREST DUE TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE 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 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 LANDSCAPE BUFFER WILL OBSERVE THE SPIRIT OF THE ORDINANCE AS IT WILL LEAVE A BUFFER BETWEEN PROPERTIES FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE PROP 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 PROPERTIES AS THE BUFFER VARIANCE IS BEING SOUGHT. BORDER COMMERCIAL PROPERTIES. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, AND THEY'RE 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 REDUCED LANDSCAPE VARIANCES ARE SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE LOCATION OF THE PROPERTY. END OF MOTION. SECOND. A SECOND. FROM, UH, MR. MANNA, UH, WOULD YOU LIKE TO PROVIDE ANY COMMENT MS. KAPLAN? YEAH. UH, IT, IT, ONCE AGAIN, IT, IT DOESN'T SEEM LIKE ANY HARM THAT THE PRECINCT BUFFERS ON THE OTHER, SOME OF THE OTHER, AND THERE WILL BE AN ADEQUATE AMOUNT OF LANDSCAPING FOR THE PROPERTY. MR. MANON FOR IT. THANK YOU. AND, UM, I, I DO LIKE THE IDEA OF THE, UH, THE BACK DRIVEWAY ON THE BACK SO IT BECOMES MORE OF A NEIGHBORHOOD COMMERCIAL, UH, FOR THIS, FOR THE RESIDENTS THERE. AND SO KIND OF REMOVES THAT TRAFFIC FROM, FROM THE HIGHWAY. SO, SO I'LL BE VOTING IN FAVOR. AGREE WITH MY COLLEAGUE. THANK YOU, SIR. UH, CLOSE THE PUBLIC PORTION. LET'S TAKE A ROLL CALL. VOTE MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. I CONCUR. MR. SPIELMAN. I CONCUR. MR. MENCHACA. I CONCUR. MR. ZUNIGA. I CONCUR WITH THE FINANCE OF FACT. MR. VASQUEZ. I CONCUR. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN. I CONCUR WITH THE FINDING OF THE FACT A UNANIMOUS NINE IN FAVOR. ZERO AGAINST THE MOTION PASSES. GOOD LUCK WITH THE PROJECT. THANK YOU. NEXT CASE. OKAY, BO O A DASH 23 DASH 1 0 3 0 2 8. THE ADDRESS IS 2060 WEST WOODLAWN AVENUE IN COUNCIL DISTRICT SEVEN APPLICANT BEING JOHN DIGGS. THE FIRST REQUEST IS FOR A 50 FOOT THREE INCH VARIANCE FROM THE NCD EIGHT MAXIMUM 50 FOOT FRONT FACADE LENGTH TO ALLOW A A HUNDRED FOOT THREE INCH FRONT FACADE AND TWO, A 10 FOOT VARIANCE FROM THE NC D EIGHT, MINIMUM FRONT SETBACK OF 20 FEET TO ALLOW A FRONT SETBACK OF 10 FEET. IT'S ZONE R FOUR. THE SUBJECT PROPERTY IS LOCATED ALONG WOODLAWN NEXT TO WOODLAWN LAKE. THE APPLICANT IS BUILDING IN ADDITION TO THE HOME AND REQUESTED A HUNDRED FOOT THREE INCH FRONT FACADE SHORT OF THE MAX 50 FOOT MAXIMUM FRONT FACADE. THE APPLICANT ALSO REQUESTED A FRONT SETBACK OF 10 INCHES, WHICH IS 10 INCHES OR 10 FEET, WHICH IS 10 FEET SHORT OF THE MINIMUM 20 FEET FRONT SETBACK. AND THE PROPERTY IS IN THE WOODLAWN LAKE NEIGHBORHOOD CONSERVATION DISTRICT. HERE'S THE SITE PLAN AND THE SUBJECT PROPERTY. HERE'S A PICTURE OF, UM, THE CONSTRUCTION SO FAR. STAFFER REC RECOMMENDS DENIAL IN BO A DASH TWO THREE DASH 0 3 2 8 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE REQUESTED VARIANCES DIFFER SIGNIFICANTLY FROM THE NCDS DESIGN STANDARDS AND TWO, THAT INCREASED FRONT, FRONT FACADE LENGTH AND REDUCED FRONT SETBACK WOULD ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. STAFF MAILED OUT 25 NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION. THE WOODLAWN NEIGHBORHOOD ASSOCIATION IS OPPOSED, AS WELL AS THE JEFFERSON NEIGHBORHOOD ASSOCIATION, WHICH IS IN, WHICH IS WITHIN 200 FEET OF THE PROPERTY. THAT CONCLUDES STAFF PRESENTATION. APPLICANT IS PRESENT. OKAY. ANY QUESTIONS FOR STAFF? I HAVE A QUESTION. I SAW THERE WERE FOOTINGS AND LIKE A, A FOUNDATION, UH, P AND BEAM SET WA WAS A BILLING PERMIT ISSUED ON THAT PROJECT OR [03:15:02] NO? WHAT WAS THE QUESTION? I'M SORRY. WAS IT BUILDING PERMIT, WAS A PERMIT PULLED PRIOR TO CONSTRUCTION? NO, THERE WAS NO PERMITS PULLED. THERE WAS A CODE ENFORCEMENT, UH, INVESTIGATION. WE WORKED WITHOUT PERMITS. GOT IT. OKAY. UH, AT THIS POINT, ANY OTHER QUESTIONS FOR STAFF? OKAY. THE APPLICANT PLEASE, UM, CREW HAD HER, SORRY, MS. CRUZ, IN ADDITION TO THE HOME ON THE SIDE OF THE PROPERTY OR IN, TOWARDS THE FRONT, ON THE SIDE OF THE PROPERTY, MA'AM, BY THE LAKE, CORRECT. FACING THE LAKE? YES, MA'AM. OKAY. OKAY. MAKE SURE. THANK YOU. OKAY. AT THIS POINT I'D ASK THE APPLICANT TO PLEASE COME FORWARD AND BEGIN YOUR PRESENTATION. HI. HI, MY NAME IS JOHN DIGGS. UH, FIRST OF ALL, VERY IMPRESSED WITH THE KNOWLEDGE, UH, AND DETAIL THAT EVERYONE UP HERE AND ON THE CALL DISPLAYS AND I'M ALSO AMAZED AT HOW QUICKLY Y'ALL READ THROUGH THINGS SO CLEARLY. SO, UH, I'M LEARNING A LOT JUST SITTING HERE. UM, I, UH, BOUGHT THIS HOME ABOUT A YEAR AND A HALF AGO. I HAVE TWO CHILDREN THAT ARE NINE AND SEVEN YEARS OLD. UH, MY WIFE AND I ARE ALSO EXPECTING A CHILD. SO IT'S A TWO BEDROOM, UH, TWO BATH HOUSE. WHAT MAKES THIS HOUSE EXTREMELY UNIQUE FROM JUST ABOUT EVERY OTHER PROPERTY IN THAT NEIGHBORHOOD IS THE LENGTH OF THE PROPERTY. IT'S ABOUT 170 OR 190 FEET LONG, AND THERE IS NO ROOM TO BUILD IN THE FRONT OR BACK OF THE HOUSE, SO YOU CAN ONLY BUILD TO THE LEFT OR RIGHT OF THE HOUSE. AND, UM, AND SO WHEN I DID SOME, UH, MATH, UH, BASICALLY THE WIDTH OF THE PROPERTY AND THE, THE WIDTH OF MY HOME IS AT 37%. AND JUST ABOUT EVERY OTHER HOUSE IN THAT AREA IS, UH, SIGNIFICANTLY HIGHER. UH, WITH THIS ADDITION, IT WOULD ONLY BE AT A 61% FROM HOME PROPERTY TO PROPERTY WIDTH. UM, SO IT'S STILL SIGNIFICANTLY LESS THAN MOST OTHER PROPERTIES. MOST OTHER PROPERTIES ARE 60 FEET, 66 FEET, 50 FEET, 49 FEET, AND MINE'S 190 FEET. UM, THIS ADDITION WOULD GIVE MY, UH, OUR, MY FAMILY THE CHANCE TO, UH, SEPARATE MY, MY DAUGHTER AND MY SON. MY DAUGHTER'S NINE. MY SON IS SEVEN INTO TWO DIFFERENT ROOMS RIGHT NOW. THEY'RE SHARING A ROOM AND WE'LL ALSO, UH, MAKE ROOM FOR, UH, THE, THE THE THIRD CHILD THAT'S ON THE WAY. UM, IN TERMS OF VARIANCES, I BELIEVE THAT IT HONORS ALL OF THE BASE CODES FROM THE CITY. UM, BUT, UH, THERE IS AN ISSUE OBVIOUSLY WITH THE WOODLAWN CONSERVATION SOCIETY. UH, IN TERMS OF THE LENGTH OF THE WIDTH OF THE HOME. I DON'T KNOW WHAT ELSE I NEED TO SAY. UH, IN TERMS OF THE PERMIT, UM, MY FAMILY HAS A PAINTING BUSINESS. UH, MY DAD, UH, WAS A PAINTER IN ALMO HEIGHTS, TERRE HILLS, AND ALMA PARK IN MONTE VISTA. MY BROTHER TOOK OVER THAT BUSINESS. UM, I'M THE SON THAT GREW UP SAYING I DIDN'T WANNA BE IN THE FAMILY BUSINESS. UH, BUT WE, UH, I'VE BEEN HELPING OUT FOR THE LAST TWO YEARS, AND WE ARE SLOWLY GETTING INTO THE REMODEL, UH, LIGHT CONSTRUCTION SPACE. WE HAD A, A POTENTIAL BUSINESS PARTNER, UH, THAT WAS GONNA BE HELPING ME OUT ON THIS HOME AS A WAY FOR US TO LEARN. UM, HE HAD TO MOVE, UH, OUTSIDE OF THE CITY FOR FAMILY REASONS. AND, UH, I KIND OF, UH, WAS LEFT WITH A SITUATION WHERE I THOUGHT THE PEOPLE DOING THE FOUNDATION HAD PULLED THE PERMIT AND THEY HAD NOT, I DID NOT REALIZE THAT. SO THAT WAS THE ISSUE THAT YOU SAW? UH, AND I, I BECAME AWARE OF THAT BEING AN ISSUE AFTER I GOT STARTED, UM, AND WAS LOOKING TO MAKE THAT RIGHT WITH THE CITY. BUT RIGHT WHEN THAT HAPPENED IS WHEN THEY SAID STOP. SO I STOPPED. OKAY. LET'S SEE. LET'S SEE IF WE HAVE ANY QUESTIONS. ANY UH, QUESTIONS FOR THE APPLICANT? IAN? WHO WAS THAT? IAN. OH, MR. IAN. YEAH. SO, UH, THE, THE APPLICANT WAS TALKING ABOUT THE HARDSHIP BASED ON THE, THE CONFIGURATION OF THIS LOT, BUT LOOKING AT THE, THE STAFF, UH, UH, THE, LIKE THE ZONING MAP OR NOTIFICATION MAP, THIS LOT IS VERY SIMILAR. IT'S JUST, YOU KNOW, IF YOUR ADDRESS IS OFF OF JOSEPHINE TOBIN DRIVE, CAN, CAN YOU PLEASE, UH, TALK ABOUT HOW THIS WOULD, YOU KNOW, WHAT'S, WHY WOULD YOU HAVE STILL HAVE TO COME BEFORE US IF YOU'RE ADDRESSING THOSE OFF OF JOSEPHINE TOBIN? WELL, I DON'T KNOW OF ANOTHER HOUSE THAT'S GOT THAT LENGTH. AND AGAIN, I CAN'T ADD TO THE BACK OF THE HOUSE. WELL, STAFF, CAN YOU PLEASE STAFF, CAN YOU PLEASE BRING UP, UH, SLIDE, UH, UM, WELL, IT'S SHOWING UP AS, UH, UH, 70, UH, NUMBER 70 ON THE POWERPOINT. THAT ONE THEY WITH THE, UH, GREEN ON IT, THAT ONE. SO I'M LOOKING AT, I'M LOOKING AT YOUR LOT AND I'M, AND IT IS SLIGHTLY BIGGER, BUT A LOT OF THE OTHER LOTS ARE JUST ROTATED 90 DEGREES, SO [03:20:01] THE FRONT OF THEIR HOMES FACE THE STREET THEY CAN BUILD TO THE BACK. I CAN'T BUILD BEHIND, I CAN ONLY GO LEFT OR RIGHT, BUT IF, YEAH, YOU CAN'T, 'CAUSE YOUR ADDRESS IS OFF WOODLAWN. SO MAYBE THIS IS FOR STAFF. STAFF. IF HIS ADDRESS WAS ON JOSEPHINE TOBIN, WOULD HE HAVE THESE ISSUES? NO, UH, SO HE WOULD NOT HAVE THE FRONT FACADE ISSUE. OKAY. AND THEN ON YOUR, AND THEN FOR THE APPLICANT, UH, ON YOUR SITE PLAN, YOU MAKE A NOTATION THAT THERE WAS A, UH, SIDE, UH, BUFFER APPROVED BY THE V O A FOR A COVER PORT STRUCTURE. BUT IN THE STAFF REPORT, IT KIND OF GAVE ME THE IMPRESSION THAT, THAT ALL YOUR PERMITTING HOLDS OR AWAITING V O A APPROVAL. HAVE YOU ALREADY GOTTEN APPROVAL FROM THE D O A? SO I HIRED A FIRM ALMO AS-BUILTS TO, TO DO THE DESIGN OF THE HOUSE AND ALSO TO CHECK WITH ALL THE VARIANCES. AND IN THE BEGINNING WE WERE LOOKING AT DOING A PORCH ON, UH, IF YOU'RE FACING WOODLAWN FROM MY HOUSE TO THE LEFT SIDE TOWARDS THE LAKE. AND WE WERE UNSURE OF WHAT WE WERE GONNA BE DOING FROM A HOME EDITION. UM, THE DECISION THAT WE HAD KIND OF MADE IS THAT WOULD, IT WOULD BE A MORE COST EFFECTIVE WAY TO DO THE, THE, THE PORCH AND THE, UH, THE LIVING QUARTERS ON THE SAME SIDE. UM, SO THAT'S WHY WE DID THAT. UM, AND WHEN THEY LOOKED AT ALL THE VARIANCES, THEY HAD SAID THAT THEY, THEY HAD MET ALL THE SETBACKS. UM, THEY WERE NOT AWARE OF THE WOODLAWN LAKE CONSERVATION, UM, VARIANCE. OKAY. SO STAFF DID THAT. HAS THIS, HAS THIS PROPERTY RECEIVED ANY VARIANCE APPROVALS FROM THE BO O A? UH, I COULD DOUBLE CHECK, BUT NOT RECENTLY THOUGH. OKAY. IT, IT'S JUST THE WAY IT'S WRITTEN ON HERE WHERE IT SAYS SETBACK APPROVED BY B O A, IT JUST MADE IT SOUND LIKE IT ALREADY GOT, WE, WE APPLIED FOR ONE LAST YEAR AND, UH, FOR THAT PORCH AND IT, IT WAS APPROVED, BUT I DON'T KNOW IF THAT'S THE QUESTION YOU'RE ANSWERING. I'M, I'M STILL PRETTY NEW TO ALL THIS STUFF. NO, THAT'S OKAY. I MEAN, UH, THE PREMISE OF MY LINE OF QUESTIONING IS, IS TWOFOLD. ONE, I WANTED TO KNOW YOUR APPROVAL HISTORY AND HOW THAT WENT. UH, AND NUMBER TWO, IF, IF THIS IS A SIMPLY A MATTER OF LOOKING AT YOUR PROPERTY AS IF IT WAS ADDRESSED OFF OF JOSEPHINE STREET, AND IT'S GENERALLY IN CONFORMANCE WITH THE CODES, THIS IS SOMETHING I WANTED TO KNOW, THAT'S ALL. ONE OTHER THING IS I DID GO AROUND TO SOME OF THE NEIGHBORS. I DID NOT, UH, I, I DID NOT GO TO THE AMOUNT WITHIN THE CIRCLE DOWN WOODLAWN, BUT I DID GO TO THE TWO NEIGHBORS TO THE LEFT OF ME ON JOSEPHINE. UH, THE NEIGHBOR BEHIND ME ON WOODLAWN, THE, THE FOUR NEIGHBORS ACROSS THE STREET, I WAS ONLY ABLE TO MEET WITH TWO OF 'EM THAT ARE THE HOMEOWNERS, UH, THE ONE THAT'S ON THE CORNER THERE OF WOODLAWN AND LAKE. UM, AND I, I, THEY WERE A, THEY ALL APPROVED, UH, THE, THERE WAS EIGHT HOMES, THREE OF THEM I MET WITH ALL THREE APPROVED, SAID THAT THEY HAD NO PROBLEM WITH IT. AND THE ONE THAT I THOUGHT WOULD HAVE THE BIGGEST ISSUE, WHICH IS THE ONE ON THE CORNER THERE, UH, SAID THAT THEY WERE HAPPY THAT WE WERE DOING WHAT WE WERE DOING TO THE HOME. OKAY. I HAVE SIGN, I HAVE APPROVALS OF THAT. AND, UH, COULD YOU ENTER THOSE INTO THE RECORD? I DID. OKAY, COMMISSIONER, UM, SO THIS WAS APPROVED IN 2000, UH, TWO FOR A 15 FOOT VARIANCE TO THE 20 FOOT REAR SETBACK FOR A FIVE FOOT REAR SETBACK AND A FIVE FOOT VARIANCE TO THE 10 FOOT REVERSE CORNER LOT ON THE SIDE FOR A FIVE FOOT SIDE SETBACK IN 2002. I'M SORRY, 2022. OH, OKAY. I WAS, OKAY, THANK YOU. NO, SO REPEAT THE SECOND ONE. I'M SORRY. IT WAS FOR A, FOR THE, UH, REVERSE CORNER LOT BECAUSE IT'S, UH, THE OTHER HOUSE IS FACING, UM, THE OPPOSITE DIRECTION. IT REQUIRES A 10 10 FOOT SETBACK, UH, BECAUSE OF THE REVERSE CORNER LOT. SO THEY GOT A FIVE FOOT VARIANCE, UH, FOR A FIVE FOOT SIDE SETBACK. SO THE FIVE FOOT SETBACK WOULD BE ON NORTH JOSEPHINE, OFF OF NORTH JO JOSEPHINE THEN? CORRECT. SO, SO THEY HAVE A, ORIGINALLY THEY, THEY NORMALLY THEY WOULD REQUIRE A 10 FOOT SIDE SETBACK BECAUSE THEY HAVE A REVERSE CORNER LOT, ONE HOUSE FACING WOODLAWN, THE OTHER HOUSE, THEIR HOUSE TO THE SOUTH FACING JOSEPHINE. OKAY. AND, UH, COMMISSIONER CRUZ HAS A QUESTION. GO AHEAD A MINUTE. OKAY. IT'S FOR THE HOMEOWNER, SINCE HE MET WITH SOME OF THE NEIGHBORS. DID NONE OF 'EM TELL HIM IT'S A HISTORIC AREA AND HE NEEDED APPROVAL FROM THE, FROM THE NEIGHBORHOOD ASSOCIATIONS? SO MY HOUSE IS NOT IN A HISTORIC NEIGHBORHOOD. IT'S ACROSS THE STREET FROM ONE WITH THE JEFFERSON. UM, I DID LET THEM KNOW, UM, I HAVE THE LETTER, UM, I SAID THAT THERE WAS [03:25:01] AN ISSUE WITH THE, UH, LENGTH OF THE HOUSE AND WAS NEEDING VARIANCE APPROVAL. UM, I DON'T THINK IN WRITING, I MENTIONED ABOUT THE WOODLAWN LAKE CONSERVATION, UH, WHATEVER THAT GROUP IS CALLED THAT HAS THE 50 FOOT VARIANCE FOR THE FRONT OF THE HOME. BUT I DID EXPLAIN THAT THAT WAS THE ISSUE. OH, I DID SAY, UH, IN DOING THIS WE'RE WE WOULD BE VIOLATING THE NEIGHBORHOOD ORDINANCE OF HAVING THE FRONT OF THE HOUSE LONGER THAN 50 FEET. WE WOULD NEED TO GET A VARIANCE APPROVAL. SO I DIDN'T MENTION THE NAME WOODLAWN LAKE CONSERVATION SOCIETY, BUT I DID MENTION A NEIGHBORHOOD VARIANCE NEIGHBORHOOD ORDINANCE. WELL, OH, ZUNA. OKAY. WELL, I'M JUST QUESTIONING IT BECAUSE SINCE THEY BOTH ARE IN OPPOSITION TO IT, THERE'S GOTTA BE A REASON IN THERE SOMEWHERE. WELL, I PLAN ON MEETING WITH JD WHO'S, UH, IN CHARGE, AND I JUST FOUND THIS OUT THROUGH THIS WHOLE SITUATION. I, I DO PLAN ON MEETING WITH JD, UM, UH, WHO'S IN CHARGE OF THE WOODLAWN LAKE. UM, SO I, I REACHED OUT TO HIM. MY GUESS IS HE PROBABLY SAW THAT WE WERE BUILDING AND PROBABLY LOOKED THAT I DIDN'T HAVE A PERMIT. AND MAYBE THAT'S PART OF THE ISSUE. WHY? SO I DON'T KNOW. DO WE, OH, INA HERE, I'M WONDERING IF THEY WOULD HAVE A DIFFERENT, UM, VIEW OR OPTICS OR STANCE ON IT. IF, IF IT WAS A ADDRESS OFF OF JOSEPHINE TOBIN VERSUS CAN YOU HEAR ME? OH, I WAS, IT'S FOR THE APP. APPLE. CAN'T HEAR REAL QUICK. UH, COMMISSIONER CRUZ DIDN'T HEAR THE LAST PART. UM, YOU WERE SAYING THAT YOU WERE GONNA MEET WITH THE NEIGHBORHOOD ASSOCIATION, SIR. WELL, I SAID I WAS PLANNING ON REACH, I DID REACH OUT TO JD WHO'S IN CHARGE OF THE WOODLAWN LAKE ASSOCIATION OR NEIGHBORHOOD, WHATEVER THE TERM IS, UH, TO, TO TALK WITH HIM AND JUST EX UNDERSTAND WHAT HIS ISSUE IS AND EXPLAIN THAT I'M NOT A HOME FLIPPER, THAT I'M THERE WITH MY FAMILY, I PLAN ON STAYING IN THE NEIGHBORHOOD. UM, MAYBE THOSE ARE THE CONCERNS THAT HE HAD. SO MAYBE, UM, WE SHOULD HEAR THIS AFTER YOU'VE GOTTEN APPROVAL FROM THE HOMEOWNERS ASSOCIATIONS. WE'D ALL FEEL I FEEL BETTER ABOUT THAT. THAT'S FINE. JUST NOT THAT THIS REALLY MATTERS THAT MUCH, BUT, UH, AGAIN, I'VE GOT TWO LITTLE ONES THAT ARE NINE AND SEVEN SHARING A ROOM. MY WIFE'S GONNA BE DUE EIGHT MONTHS NOW, SO, UH, I'M JUST SO, YEAH. YEAH. SO, AND I DON'T KNOW IF THE ONE QUESTION GOT ANSWERED, BUT, YOU KNOW, SO, SO, YOU KNOW, PART OF, UM, A CONSERVATION DISTRICT IS TO PRESERVE A COMMUNITY, YOU KNOW, AND SO, SO THERE'S LOTS OF DIALOGUE AND GREAT LENGTHS FROM THE COMMUNITY ITSELF TO TRY TO FIGURE OUT, YOU KNOW, AN AN ORGANIZATION WITH THE WHOLE COMMUNITY OF HOW DO WE WANT OUR NEIGHBORHOOD TO LOOK AND SO AND SO, SO EVERYONE HAS UNIQUE CIRCUMSTANCES, CERTAINLY, BUT YOU KNOW, THAT PART OF THAT DIALOGUE IS TRYING TO FIGURE OUT, WELL, HOW DO WE WANT THIS AREA TO CONTINUE TO LOOK? AND, AND SOME THINGS ARE, YOU KNOW, MAY NOT SEEM, UM, YOU KNOW, WELL, I GUESS SOME THINGS MAY BE CONTRARY TO WHAT YOUR DESIRES ARE, BUT THAT'S WHAT THE COMMUNITY IS KIND OF WORKING THROUGH. AND THAT'S REALLY WHY WE HAVE, HAVE EVERYBODY ASK THOSE QUESTIONS, YOU KNOW, WITH THAT GROUP TO COME TO AN UNDERSTANDING. AND SOMETIMES THE NEIGHBORHOOD CONSERVATION COME BACK AND SAY, YOU KNOW, YES, OKAY, THAT'S, THAT WORKS. OR HERE'S SOME CHANGES WE'D LIKE TO SEE. AND, AND SO THOSE CONVERSATIONS ARE ALWAYS GOOD TO HAVE, YOU KNOW, WITH, WITH, YOU KNOW, THOSE CONSERVATION GROUPS, YOU KNOW, TO UNDERSTAND THAT. SO, AND QUITE OFTEN IT DOESN'T, JUST, JUST FOR YOUR INFORMATION, IT DOESN'T TAKE THAT LONG TO GET IT DONE. AND IT, IT WILL DONE BE DONE BEFORE EIGHT MONTHS . SO I WOULD HAVE TO MEET WITH HIM, HOPEFULLY WORK THINGS OUT WITH HIM. THEN I HAVE TO COME BACK HERE AND SCHEDULE A MEETING WITH YOU GUYS. YES. WHAT JIM MANOR WAS SAYING IS, IS SHARE YOUR, YOUR INFORMATION WITH THE COMMUNITY GROUPS AND MAYBE THEY HAVE SOME IDEAS FOR HOW THE NEIGHBORHOOD SHOULD LOOK AND, UH, GIVE YOU SOME, YOU KNOW, INPUT AND THEN APPROVE IT AND THEN COME BACK TO US. AND THEN I'D LIKE TO KIND OF EXPLORE THE READDRESSING ON THE JOSEPHINE, WHICH WOULD TAKE AWAY SOME OF THOSE VARIANCES WITHIN YOUR REQUEST. AND I THINK THAT'S AN, UH, THAT, THAT'S ANOTHER AVENUE TO GO. SO, UM, BUT THAT SAID, CAN WE GET A MOTION FOR A CONTINUANCE? YES. WELL, MAYBE PEOPLE HERE ARE THE PEOPLE SIGNED UP TO SPEAK? OH, I'M SORRY. DO WE HAVE ANYBODY SIGNED UP? EITHER, UH, PUBLIC, WE HAVE ONE VOICEMAIL. OKAY. CAN WE READ THAT FOR THE RECORD PLEASE? GOOD MORNING. THIS IS FOR AGENDA ITEM NUMBER EIGHT, BOA CASE DASH 23 DASH 0 3 0 0 2 8. UM, REGARDING PROPERTY 2 0 6 0 WEST WOODLAWN AVENUE, MY NAME IS BIANCA MALDONADO. I'M OFFERING COMMENTS ON BEHALF OF DREA GARZA, PRESIDENT OF THE MONTICELLO PARK NEIGHBORHOOD ASSOCIATION AND THE MONTICELLO PARK NEIGHBORHOOD ASSOCIATION BOARD OF DIRECTORS, PO BOX +1 003-157-8201. MY PHONE NUMBER'S (210) 385-6188. [03:30:01] WE SUPPORT, UH, THE POSITION OF THE JEFFERSON NEIGHBORHOOD CALLED, UH, JEFFERSON NEIGHBORHOOD ASSOCIATION AND THE WOODLAWN LAKE COMMUNITY ASSOCIATION THAT THEY HAVE ENTERED FOR THIS CASE IN DENIAL. UM, WE SUPPORT THEIR POSITION BECAUSE OF THE OVERALL, UH, SITE AND SETTING OF THIS PARTICULAR INTERSECTION OF THE PROPOSED LOCATION OF THE PROPERTY. THE VARIANCE THAT IS REQUESTED IS SIGNIFICANT AND SEEKS TO ALTER THE VISIBILITY THROUGH THIS FIVE POINT INTERSECTION AND MAY JEOPARDIZE THE LIFE SAFETY OF VEHICLES, PEDESTRIANS AND CYCLISTS AS THEY, THEY CROSS INTO THE CLARK FROM THE NEIGHBORHOOD. THIS IS A VERY UNIQUE LOCATION WITH WEST WOODLAWN ON THE NORTH SIDE BEING A HISTORIC DISTRICT, AND WEST WOODLAWN ON THE SOUTH SIDE. WHERE THIS PROPERTY IS LOCATED IS IN A NEIGHBORHOOD CONSERVATION DISTRICT. ALL THE NEIGHBORHOOD CONSERVATION DISTRICT AND THE HISTORIC DISTRICT BORDER, A LANDMARK PARK, WHICH IS THE WOODLAWN LAKE PARK, WHICH IS OVER A HUNDRED YEARS OLD. AND THIS IS A VERY SENSITIVE AREA TO THE COMMUNITY. THIS IS A HIGHLY TRAFFICKED PARK WITH PEDESTRIANS CROSSING AT THE INTERSECTION HERE AT WOODLAWN AND LAKE, INTO AND OUT OF THE PARK, WHETHER THEY'RE COMING VIA VEHICLE BY FOOT OR BY, UM, A CYCLIST. UM, AND THESE ARE AREAS OF CONCERN FOR OUR COMMUNITY WITH RESPECT TO LIFE SAFETY. AND WE FEEL AS THOUGH THE VARIANCE THAT IS BEING SOUGHT IS TOO MUCH FOR THIS PARTICULAR INTERSECTION AND IMPEDES THE VISIBILITY BECAUSE THIS ISN'T A REALLY, UM, UH, IT'S NOT A A, A VERY WIDE ANGLED INTERSECTION. IT'S GOT FIVE, UH, FIVE DIFFERENT POINTS THAT INTERSECT HERE. AND ONE OF THE ROADS IS CURVED, AND THAT'S THE ROAD THAT GOES INTO THE PARK THERE, UM, ADJACENT TO THE SIDE OF THE PROPERTY LOCATED AT 2 0 6 0 WEST WOODLAWN. SO UNFORTUNATELY FOR THIS PARTICULAR CASE IN THIS PARTICULAR, UM, PROPOSAL, WE ARE IN OPPOSITION. WE THANK YOU FOR CONSIDERATION OF OUR COMMENTS AND THANK YOU FOR YOUR SERVICE. THE HOUSE IS 21 FEET FROM THE CURB AND 10 FEET FROM THE PROPERTY LINE. SO, SO MAN, SO, SO I THINK, YOU KNOW, SO, SO AS I'M LISTENING TO THAT DIALOGUE, I THINK THAT THEY KIND OF BROUGHT UP SOME POINTS THAT I THINK WOULD BE, WOULD BEHOOVE YOU TO BE, BE PREPARED FOR DIALOGUE WITH THEM TO KIND OF UNDERSTAND IT. AND SO TO HAVE THAT CONVERSATION WITH THEM TO SAY, OKAY, HERE'S HOW YOU THINK THAT YOU CAN ADDRESS SOME OF THOSE CONCERNS. HOW IS, UH, THE MONTICELLO PARK, WHICH MY HOUSE IS NOT IN, HOW WOULD THEY HAVE SAY ON THIS WHEN THEY'RE NOT EVEN SO, SO, UM, SO UMM NOT QUITE SURE. SO SHE WAS, SHE WAS SPEAKING FOR THE NEIGHBORHOOD ACROSS THE STREET IN THE HISTORIC DISTRICT. AND SO BECAUSE IT'S WITHIN 200 FEET, UH, THEN THEY HAVE A SAY. SO ANY, ANY OTHER PROPERTIES WITHIN 200 FEET HAVE A, HAVE A POSITION HERE. AND THEN ALSO BEING THAT, UH, I GUESS BEING THAT TIED TO THE WOODLAWN LAKE AREA, UM, YOU KNOW, THAT'S A, YOU KNOW, A VERY SENSITIVE AREA THERE WITH REGARDS TO DEVELOPMENT AROUND IT. SO THAT THERE IS A LOT OF PRESERVATION THAT IS GOING ON FOR THAT PROPERTY AROUND THE PROPERTY. I'VE, I'VE STOOD AT THAT STOP SIGN THAT SHE'S REFERRING TO, AND YOU'RE ABLE TO SEE DOWN WOODLAWN AVENUE MINCHA. SO, DO WE HAVE A MOTION? I HAVE A MOTION, I HAVE A QUESTION. I'D LIKE TO OFFER A FEW DATES FOR YOU GUYS, 'CAUSE IT SOUNDS LIKE THIS MIGHT NEED MORE THAN A COUPLE WEEKS. OKAY. MR. MACHACA HAD A QUESTION THOUGH, AND THEN WE WILL OPEN IT UP FOR, I HAVE A QUESTION TO THE APPLICANT. UM, SOME OF THE TERMS ARE BEING TOSSED AROUND HERE, LIKE SIGNIFICANT FROM MRS. MALINDO. AND EARLIER IN YOUR PRESENTATION YOU TALKED ABOUT CERTAIN PERCENTAGES, THOSE PERCENTAGES. CAN YOU CLARIFY THOSE A LITTLE BIT SO I DON'T MISUNDERSTAND WHAT YOU'RE TRYING TO ASSESS THAT? I'M ACTUALLY OFF ON MY PERCENTAGES. I USED A PROPERTY WIDTH OF 172 FEET. IT'S ACTUALLY 191 FEET. SO EVERYTHING I'M GIVING YOU IS BASED OFF OF 172 FEET. MY MATH IS NOT GOOD ENOUGH TO DO IT THAT QUICKLY, BUT, UM, THE WIDTH OF MY CURRENT HOME IS 64.86 FEET. PERCENTAGE OF HOME TO PROPERTY WIDTH IS NOW 37.95%. WITH THIS ADDITION, IT WOULD GO FROM 64.86 FEET TO 1 0 5 FEET. THAT 60, THAT WOULD BE A 61% RATIO. AGAIN, THAT WILL BE LESS WHEN YOU FACTOR IN THAT THE PROPERTY'S ACTUALLY 191 FEET. I BELIEVE MOST OF THESE OTHER HOMES IN THIS, IN, IN, THAT I DID RIGHT IN THAT AREA, INCLUDING THE ONES ACROSS THE STREET. THEY'RE 60 FEET PROPERTY WIDTH AND 49 FEET HOME WIDTH, WHICH IS 81%, OR ON JOSEPHINE TOBIN, 52 FEET, PROPERTY WIDTH, 51.99 FEET. HOME WIDTH, 99% ACROSS THE STREET ON WOODLAWN, 73% SE 63%, 66%, 74%. I'VE GOT TWO HOUSES THAT ARE AT 41 AND 39% [03:35:01] ON WOODLAWN. SO I, I COULD DO MORE HOUSES, BUT MINE'S SIGNIFICANTLY, UH, LESS THAN EVERYBODY ELSE'S. RIGHT. THANK YOU. RIGHT, THANK YOU. UH, THIS IS SUNGA, UH, FOR SAM. UH, IT'S A LADY THAT IS, UH, OPPOSING. IT IS, SHE WAS IN 200 FEET OF THIS GENTLEMAN'S HOUSE. SHE REPRESENTS THE MONTICELLO NEIGHBORHOOD, BUT SHE IS NOT A NEIGHBOR, UH, ACROSS THE STREET. AND AGAIN, THE NEIGHBOR AT THE CORNER WHOSE VIEW OF THE LAKE WOULD BE MOST IMPEDED WAS SIGNED OFF AND WAS OKAY WITH IT. STEPH, DID YOU WANNA PROVIDE A RESPONSE AS WELL? YES, WE'RE ACTUALLY REVIEWING THE, UM, THE MAP RIGHT NOW TO SEE WHICH CORRESPONDING NEIGHBORHOOD ASSOCIATIONS. BUT I BELIEVE MS. MALANO SPOKE, UH, ON BEHALF OF AN ASSOCIATION. UM, WHAT WAS THE, THE NAME, WHAT DID SHE SAY AT THE BEGINNING OF THAT MESSAGE? SHE MENTIONED HER NEIGHBORHOOD, WHICH IS THE MONTICELLO. NO, SHE DID AND THEN DID COORDINATION WITH THE WOODLAWN. RIGHT, EXACTLY. AND SO THAT IS, THAT'S WHAT IT IS, THE COORDINATION WITH WOODLAWN. YES. WELL, WE HAVEN'T GOTTEN ANYTHING FROM WOODLAWN. HE HIT HALFWAY. SHE WAS REPRESENTING WOODLAWN. AND DO WE HAVE ANYTHING TO THAT EFFECT? ANY SIGNATURES? ANY LETTERS FROM THE WOODLAWN ASSOCIATION? THERE IS OPPOSITION. UH, WE DO HAVE A LETTER, I BELIEVE FROM THE WOODLAWN. LEMME PULL IT UP. DO WE HAVE THAT? OKAY, GO SEND IT. WE'RE GONNA PULL IT UP FOR YOU IN JUST A SECOND. AND AS AN OBSERVATION, YOU KNOW, SO, SO LOOKING AT THE DESIGN OF THE PROPERTY AND, AND WHERE THE, UM, WHERE THE COMPONENT IS GOING, YOU KNOW, IT'S MOVING FORWARD, UM, TO BOTH THE NORTH AND THE WEST. AND SO CURRENTLY THERE ARE HOMES THAT ARE FURTHER DOWN WOODLAWN, WHO CURRENTLY COULD SEE BASED UPON THE CURRENT ANGLE OF THE HOUSE, WHERE THEY'LL NO LONGER HAVE VIEW OF THE LAKE ITSELF. SO WE'LL BE REMOVING LAKE VIEW OF PEOPLE THAT ARE MORE EASTERN. SO ON THE SCREEN WE HAVE THE OPPOSITION FROM WOODLAWN LAKE COMMUNITY ASSOCIATION. OKAY. YEAH. THAT WAS THE ONE YOU SENT YESTERDAY. I DID SEE, YES. YOU KNOW, I MEAN, BECAUSE REPRESENTING SOMEBODY, YOU KNOW, I COULD STATE THAT I REPRESENT SO AND SO. IT DOESN'T HAVE ANYTHING TO DO, UH, WITH MAKING A DECISION BECAUSE YOU KNOW, THE WOODLAWN ASSOCIATIONS CONSERVATIONS, THEY HAVE A WHOLE BUNCH OF PEOPLE THAT, YOU KNOW, CAN COME AND PRESENT IF THEY WANT. THEY DON'T NEED ANYBODY ELSE TO DO THAT. AND THIS IS WHY I'M CONCERNED. AND THIS LADY SAID, YEAH, YOU KNOW, THE, WELL THIS WOODLAWN, I MEAN THEY HAD, LIKE I SAY, I MEAN ENOUGH INTELLIGENT PROFESSIONAL PEOPLE AND LEGISLATORS THAT LIVING THERE AND YOU KNOW, I MEAN THEY COULD COME THEMSELVES IF THEY WANT TO OPPOSE BESIDES THE FEDERAL. THANK YOU. OKAY, LET'S GO AHEAD. SECOND. SECOND. AND WE SAID IT WAS GONNA TAKE PROBABLY ABOUT TWO WEEKS. SAY MORE THAN THAT. OKAY. UH, WE HAVE, UH, IN TWO WEEKS, MARCH 20TH, BUT THEN WE ALSO HAVE APRIL 3RD AND APRIL 17TH. WHICH, WHAT DATE WOULD, I MEAN, THE QUICKER, THE BETTER FOR ME TO COME BACK HERE. YES. AND HOPEFULLY MAKE SOME PROGRESS. YEAH. APRIL 3RD WOULD BE, I'D LIKE TO DO IT AS SOONEST AS POSSIBLE. SO WHAT'S THE DATE? IT WILL TAKE YOU SOME TIME TO MEET AND COORDINATE WITH THEM AND MAKE SURE YOU'RE ALL ON THE SAME PAGE. WILL THEY MEET AND COORDINATE WITH ME? I'M SURE THEY'LL . I'M SURE THEY, THEY. SO WHAT HAPPENS IF THEY DON'T? WELL JUST REPORT BACK. THEY USUALLY DO. OKAY. BUT IF, IF THEY DON'T, YOU CAN JUST REPORT BACK THAT THEY DIDN'T, YOU DIDN'T, WEREN'T ABLE TO SCHEDULE. IT'S APRIL 3RD DATE. THAT'S ABOUT A MONTH FROM NOW. YEAH. OKAY. THAT WOULD BE BETTER FOR Y'ALL. IT'S NOT FOR US. YOU WILL NEED THE TIME TO WORK WITH THEM. AND THE THE OTHER THING I WOULD SAY IS HOPEFULLY WE'RE MORE EMPANELED. 'CAUSE WE NORMALLY HAVE 11 ON THE, ON THE BOARD AND WE ONLY HAVE NINE. SO IT WOULD BE FULL CONSENT. WOULD IT BE HELPFUL IF I GOT MORE LETTERS OF APPROVAL FROM OTHER NEIGHBORS? YES. YES. OKAY. THANK YOU. ALRIGHT. DO WE HAVE A, A, UM, MOTION FOR CONTINUANCE TILL APRIL? LIST THE VOTE, SIR. OKAY, LET'S TAKE THE ROLL CALL VOTE. APRIL 3RD THEN. YEAH. OKAY. DO I HAVE ACCESS TO THAT LETTER? YEAH, WE CAN SEND YOU THAT LETTER, SIR. OKAY, COOL. AND THAT VOICEMAIL [03:40:01] WOULD, THAT WOULD BE HELPFUL AS WELL, SO I CAN CONTACT, YEP, I CAN ACCESS IT. OKAY. UH, WHO MADE THE MOTION IN THE SECOND? OKAY. KAPLAN AND MANNA? YES. YES. FOR THE CONTINUANCE? YES. OKAY. MS. KAPLAN? YES. MR. MANNA? YES. MS. CRUZ? YES. MR. SPIELMAN? YES. MR. MENCHACA? YES. MR. ZUNIGA? YES. MR. OZUNA? YES. CHAIR ORIAN? YES. OKAY. UNANIMOUS CONCURRENCE HERE. SO, MS. VASQUEZ, MR. YEAH. MR. VASQUEZ? UH, YES. I'M SO SORRY. MR. BUFFET, I SEE YOU DOWN THERE, SIR. UNANIMOUS. CONSENT FOR CONTINUANCE. UH, LET'S COME BACK AND YEAH. THANKS GUYS. I REALLY APPRECIATE. THANK YOU FOR YOUR PATIENCE HERE. YEAH. ALL RIGHT. WE'RE GOOD FOR THE NEXT CASE. ALRIGHT, NEXT CASE. BO O A DASH TWO THREE DASH 1 0 3 0 0 0 3 0. ADDRESS IS 17 1 0 3. SPRING HILL DRIVE IN CITY COUNCIL DISTRICT NUMBER NINE, APPLICANT BEING JANE WETZEL. A REQUEST FOR A VARIANCE FROM THE FENCE MATERIALS TO ALLOW FOR A CORRUGATED METAL FENCE IN THE SIDE AND REAR YARDS. AND THE CURRENT ZONING IS R SIX. THE SUBJECT PROPERTY IS LOCATED ALONG SPRING HILL DRIVE NEAR THE INTERSECTION OF US 2 81 NORTH AND TEXAS LOOP 1604 NORTH. THE APPLICANT CONSTRUCTED A CORRUGATED METAL FENCE IN THE SIDE AND REAR YARDS OF THE SUBJECT PROPERTY TO REPLACE AN EXISTING WOOD FENCE. AFTER THE ISSUANCE OF A CITATION, IT WAS NOTED THAT THE APPLICANT OBTAINED A RESIDE RESIDENTIAL FENCE PERMIT, WHICH INDICATED THAT IT WAS FOR A SOLID SCREEN FENCE OR A SOLID SCREEN WITH PRIVACY FENCE. AND THIS IS THE SITE PLAN, AND THIS IS A SUBJECT PROPERTY AND THE CORRUGATED METAL FENCE. AND THEN THIS IS AN ALTERNATE VIEW, ANOTHER ALTERNATE VIEW, AND THEN THE SURROUNDING AREAS. STAFF RECOMMENDATION. CORRUGATED METAL FENCE. VARI STAFF RECOMMENDS DENIAL BASED ON THE FOLLOWING FINDINGS OF FACT. ONE, DUE TO THE SUBJECT PROPERTY BEING LOCATED ON A CORNER OF LAW ON A PRIMARY STREET ENTRANCE TO THE COMMUNITY, THE VARIANCE IS CONTRARY TO THE PUBLIC INTEREST AS A IMMEDIATE PROPERTY OWNERS CAN IMMEDIATELY NOTICE IT FROM THE PUBLIC RIGHT OF WAY. TWO. UPON SITE VISIT STAFF DID NOT OBSERVE ANY OTHER CORRUGATED METAL FENCE FENCING IN THE IMMEDIATE AREA. AND THREE, THE FENCE WAS CONSTRUCTED WITHOUT OBTAINING A RESIDENTIAL FENCE PERMIT. AND THIS IS THE NOTIFICATION PLAN. STAFF MAIL 21. NOTICES FIVE RETURNED IN FAVOR, ZERO IN OPPOSITION. AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION FOR THIS SUBJECT PROPERTY. THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. ALRIGHT, ANY QUESTIONS FOR STAFF? HEARING NONE, I'LL LET THE APPLICANT PLEASE COME FORWARD. THANK YOU. MY NAME'S KREMER WETZEL. HELLO, MR. WETZEL. UH, PLEASE, UH, PRESENT YOUR CASE. UM, WE REPLACED AN EXISTING FENCE AND THERE ARE AT LEAST TWO OTHER FENCES IN THE NEIGHBORHOOD THAT ARE, ONE'S ALMOST IDENTICAL. ANOTHER ONE'S VERY SIMILAR. WE DIDN'T, WE DID SO NOT KNOWING THAT WE HAD TO HAVE A PERMIT AT THE TIME. AND LIKE I SAID, WE WERE REPLACING AN EXISTING FENCE. WE WEREN'T PUTTING UP A NEW FENCE. UM, AND LIKE I SAID, AND I WENT AFTER THEY, AFTER THE NICE LADY CAME OUT FROM THE CITY AND SAID WE HAD TO HAVE A PERMIT, I TRIED TO GET A PERMIT THAT INCLUDED CORRUGATED STEEL AND IT WASN'T IN THERE. SO IT LOOKS LIKE YOU CANVASSED THE NEIGHBORS. I MEAN, YOU HAVE A LOT OF SUPPORT FOR THE FANS. DID YOU HAVE A CHANCE TO TALK WITH THE NEIGHBORS THAT WOULD BE MOST AFFECTED BY THE FENCE OR, UH, YES. ONE OF 'EM ACTUALLY SHOWED UP HERE. OKAY, THANK YOU. UM, I ALSO HAVE FOUR MORE OF THE CITY NOTIFICATIONS, PEOPLE SAYING THAT THEY APPROVE OF IT AND THE LADY WHO LIVES LITERALLY RIGHT ACROSS THE STREET SAYS SHE LOVES IT. DO YOU, YOU MENTIONED THERE WAS ANOTHER FENCE LIKE THIS IN THE NEIGHBORHOOD. THERE'S, YOU HAVE PICTURES AT LEAST TWO MORE? YES, WE DO. YEAH. OKAY. WE'LL BRING THOSE UP AT THE APPROPRIATE TIME. UM, RIGHT NOW. OKAY, COOL. YOU CAN GIVE THEM TO THE STAFF RIGHT HERE. , DO YOU HAVE ADDRESSES, APPROVALS? YES. OR ADDRESSES FOR THE OTHER ADDRESSES? UM, [03:45:01] ONE IS, YEAH, HERE WE GO. I DON'T HAVE THE ACTUAL ADDRESS. I HAVE THE STREET THAT IT'S ON. THAT'S OURS FENCE. IT ALSO DOES A REAL GOOD JOB OF CUTTING DOWN ON SOME OF THE NOISE FROM SILVER WOOD. UH, NO, THAT'S ON, THAT'S ON, UH, SUMMER, SUMMER WOOD. I THINK IT'S 1915. DID YOU CONSTRUCT A FENCE OR DID YOU HAVE SOMEBODY BUILD IT FOR YOU? UH, A BUDDY OF MINE DID IT AND IT'S, IT, I GOTTA STRESS, WE REPLACED AN EXISTING FENCE. WE WENT DOWN THE, THE EXISTING FENCE POLES WERE A FOOT AND A HALF AND WE WENT DOWN TWO FEET ON 'EM. AND THAT'S DIGGING IN ROCK. YEAH, WELL THERE'S ONE POST HOLE THAT WE WERE TIRED. IT WAS THE END OF THE DAY. BOLTED IN OR SOMETHING. ALRIGHT, WELL LET'S SEE IF WE HAVE ANY OTHER QUESTION FOR THE APPLICANT STAFF. DO WE HAVE ANY, UH, PUBLIC COMMENT OR VOICEMAILS TO READ INTO THE RECORD? UH, THERE'S NO PUBLIC COMMENT. DID YOU SAY SOMEBODY SIGNED IN TO SPEAK FOR YOU, SIR? YES. I DIDN'T SIGN IN. ALRIGHT. ONE PERSON DIDN'T SIGN IN. IT'LL BE UP TO YOU IF YOU WOULD LIKE TO LET HER SPEAK. SO YOU DIDN'T SIGN IN, BUT YOU'RE HERE TO SUPPORT THE FENCE REQUEST. SO LET THE BOARD KNOW. LET THE BOARD REFLECT THAT SHE'S SIMPLE NEIGHBOR ACROSS THE STREET. YES. YOU'RE THE MOST AFFECTED BY THE FENCE. PERSISTENCE MANANA. WE COULD ACTUALLY GET HER NAME AND ADDRESS FOR THE RECORD. YEAH, THAT'D BE GOOD. YEAH, IF YOU WOULDN'T MIND JUST COMING UP AND JUST YOU MADE YOU YEAH. IF YOU'RE, YOU'VE MADE IT THIS LONG. SO YES. JUST YOUR NAME AND NAME FOR, FOR THE RECORD. MARTHA PENA. AND YOUR ADDRESS PLEASE? 17. OH, JUST THE MIC A LITTLE BIT, PLEASE. YOU'RE GOOD. MARTHA PENA. 17 0, 23 SPRING HILL. AND YOU SUPPORT THE ABSOLUTELY. I THINK THE FENCE IS GREAT. I THINK IT FITS THE NEIGHBORHOOD. I DON'T SEE ANY PROBLEM. AND YOU'RE NOT THE FENCE. WE DELUXE JUST LIKE IT ARE . OKAY, GOT IT. OKAY. AND DID YOU NEED ME TO SIGN SOMETHING? NO. NOPE, YOU'RE GOOD. YOU'RE GOOD. GOT, THANK YOU. YEAH. UM, I GUESS THAT WOULD END THE, THE MANNA. WOULD YOU, MR. MANNA, WE HAVE QUESTION, A QUESTION FOR THE APPLICANT? YEAH, PLEASE. THE APPLICANT PLEASE YOU COME FORWARD. SO, UM, SO ONE OF THE THINGS ABOUT, UH, CORRUGATED METAL FENCING IS THAT, UH, A LOT OF PEOPLE WOULD CONSIDER DANGEROUS ON THE BOTTOM EDGE AND THE TOP EDGE. AND SO WE ALWAYS, YOU KNOW, WE DON'T EVER WANT DANGEROUS FENCES OUT THERE. AND SO, UH, WE ASK ARE THE FENCES CAPPED ON THE BOTTOM AND THE TOP? SO TO PREVENT ANY INJURY, IF YOU'LL NOTICE IT'S CAPPED ON THE BOTTOM AND THE TOP IT GOES SO COMPLETE ROUND ALL THE FENCE PARTS. SO, SO THE PICTURE THERE SHOWS IT, BUT I'LL BE RIGHT. OH, YES. PERFECT. OKAY. UH, THE, THE GUY WHO LIVES RIGHT BEHIND ME, JESSE, WE ENCLOSED JUST A LITTLE BIT OF HIS FENCE AND I DID IT WITH HIS PERMISSION AND IT IS CAPPED BOTTOM AND, AND TOP AND BOTTOM. AND YOU INTEND TO KEEP IT IN THAT MAINTAINED CONDITION, RIGHT? YES, SIR. OKAY. THAT IT'S, YES, YOU'RE TALKING THE LAST FENCE WAS SAGGING AND THIS IS A WHOLE LOT BETTER. I'M TRYING TO GET THIS A LITTLE BIT ON, UH, LINE HERE ON THE RIGHT SIDE. IT'S STILL THE WOODEN FENCE. YES, SIR. ON THE LEFT SIDE YOU PUT CORRUGATED METAL. WHAT IS THE ISSUE? DOGS, PEOPLE VAGRANTS. WHAT IS IS THE ISSUE WHY YOU PUT THAT? I WANTED SOMETHING THAT LOOKED A LITTLE BIT DIFFERENT AND THAT LOOKED NICE. THANK YOU. THANK YOU, SIR. I GUESS THAT CLOSES THE PUBLIC PORTION. I'D ASK IF THERE'S A MEMBER OF THE BOARD THAT'D LIKE TO MAKE A MOTION. I'LL DO IT. ORIAN. OKAY. DO WE, DO WE HAVE MS. CRUZ? ARE YOU THERE, MS. CRUZ? YEAH. OKAY. MR. OR CAN I GO? ALL RIGHT. REGARDING CASE NUMBER BOA DASH 23 DASH OH 3 0 30 AND THAT THE BOARD OF ADJUSTMENT GRANTED REQUEST FOR A REQUEST FOR A VARIANCE FOR THE FROM THE FENCE MATERIALS [03:50:01] TO ALLOW FOR A CORRUGATED METAL FENCE IN THE SIDE OF REAR YARD, SITUATED AT 1 7 1 0 3 SPRING HILL DRIVE, APPLICANT BEING JANE WETZEL. 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 REVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WILL RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH SAFETY WELFARE OF THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY RESTRICTED FENCE MATERIALS TO PROVIDE UNIFORMITY WITHIN THE COMMUNITY. THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS A CORRUGATED METAL FENCING IS NOT CONFLICTING WITH THE IMMEDIATE PROPERTY OWNER'S FENCE MATERIALS. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD NEED TO REBUILD THE ALREADY CONSTRUCTED FENCE. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE SURG 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. IN THIS CASE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS FENCES ABIDING BY THE U D C FENCE SITE REQUIREMENTS FOR SOLID SCREEN FENCES IN THE SIDE AND REAR YARD. FOUR. DEFENSE 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 BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT DEFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE FENCE WILL BE ALLOWED TO ALLOW THE PROHIBITIVE FENCE MATERIAL. I'M SORRY IF GRANTED, DEFENSE WILL BE ALLOWED. THE PROHIBITIVE FENCE MATERIAL. IF SO, THIS WILL NOT INJU INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES AND ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX. APPLY TO THE OWNER OF THE PROPERTY OF WHICH 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 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 THAT THE P TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. END OF MOTION. SECOND. SECOND. ALRIGHT. OKAY. SO STORY. I'M NOT, I'LL BE IN FAVOR OF THIS FOR TWO, FOR A FEW REASONS. UH, THIS COMMUNITY WAS CONSTRUCTED, I BELIEVE IN THE FIFTIES. IT WAS MEANT TO BE A LITTLE DIFFERENT, A LITTLE RUSTIC. UH, THE FENCE IS FAR SEPARATED FROM THE ROAD. THERE ARE NO SIDEWALKS IN THIS COMMUNITY. UH, AND SO THERE'S, THERE'S NO REAL, THE POTENTIAL FOR PEDESTRIAN, UH, UH, CONTACT IS, IS PRETTY NEGLIGIBLE. UH, AND SO FOR THOSE I'LL BE IN SUPPORT. THANK YOU, SIR. MR. MANNA, UM, I AGREE WITH MY COLLEAGUE. MY ONLY RECOMMENDATION FOR THE COMMUNITY IS MAKE EVERYBODY AWARE THAT FENCE PERMITS ARE REQUIRED AND IT'S EASIER TO GET THIS DIALOGUE BEFORE THE DISCUSSION OCCURS HERE. THANK YOU MR. MANNA. UH, CAN WE GO AHEAD AND TAKE A ROLL CALL? VOTE CHAIR. ORIAN? I, YES, MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. I CONCUR. MR. SPIELMAN? I DO NOT CONCUR. MR. MENCHACA. I DO NOT CONCUR. MR. ZUNIGA. I DO NOT CONCUR. MS. KAPLAN? I CONCUR. MR. VASQUEZ? I CONCUR. MR. AONA? I CONCUR. THAT'S A VOTE IN, UH, I GUESS IT'D BE A SIX IN FAVOR, NOT A THREE AGAINST. THE MOTION DOES NOT PASS, BUT I WOULD ASK FOR THE PREVAILING SIDE, WHICH IS A NEGATIVE SIDE TO SEEK A, UM, YOU KNOW, IS, IS THERE SOMETHING THAT THE APPLICANT CAN DO OR SOMETHING, UH, THAT WOULD CHANGE YOUR VOTE? OR IF WE CAN AT LEAST ASK FOR A CONTINUANCE WHERE THAT WE WOULD HAVE A FULL ENCAMPMENT OF THE 11 MEMBERS OF THE BOARD. A CONTINUANCE. CONTINUANCE. WHAT? I, CAN WE GET A SECOND ON THE CONTINUANCE? SECOND. SECOND. WHO IS THAT FROM? MR. WE HAVE TO MOVE TO RECONSIDER AND THEN DO A CONTINUANCE. YES. YES. SO MOVE TO, MOVE TO RECONSIDER. UH, DO I HAVE A SECOND FOR A MOVE TO RECONSIDER? SECOND. SECOND. SECOND. ALL IN FAVOR? ALL IN FAVOR SAY AYE. AYE. AYE. AYE. OKAY, NOW MOTION FOR, UM, CONTINUANCE, UH, UH, UH, CHAIR, I'D LIKE TO, UH, HAVE A BRIEF DISCUSSION. IF ANYONE IN THE PREVAILING PREVAILING SIDE COULD PERHAPS, UH, STATE ANYTHING THAT WOULD HELP THEM, UH, GET OVER THAT HUMP, UH, FOR THE APPLICANT. UH, LIKE PERHAPS IF IT WAS, IF IT, IF IT WAS JUST THE SIDE THAT'S, UH, ABUTTING THE STREET IS AN ISSUE, UH, AND NOT MAYBE THE SIDE NEXT TO THE NEIGHBOR WHO ISN'T OPPOSED TO IT. I MEAN, UH, MY VIEW ON THAT ONE WAS IN AGREEMENT WITH THE STAFF. IT'S WAY OUTTA CON UH, OUTTA CONTEXT FOR THE NEIGHBORHOOD AND, UH, USING, UH, OTHER SMALLER PORTION FENCE AS A MODEL TO DO THIS. IT'S, UH, I'M NOT IN AGREEMENT WITH THAT. IF THIS FENCE WOULD BE MODIFIED IN SOME WAY TO, UH, HAVE MORE OPEN OR DIFFERENT MATERIALS, I WOULD, I WOULD AGREE WITH THAT. [03:55:02] OKAY. I WAS JUST, I WAS TRYING TO GET THE APPLICANT SOME, SOME, SOME SOMETHING TO PURSUE, UH, IN COMING BACK. UH, BUT IF, IF THERE'S NO, YEAH. COMMISSIONER, SO SORRY, COMMISSIONER. SO, SO ONE OF THE QUESTIONS I GUESS I WOULD ASK IS IF THEY CAME BACK WITH 30 MORE SIGNATURES FROM ALL OF THEIR NEIGHBORS THAT MAKES THIS APPEAR MORE ALONG THE LINES OF WHAT THE COMMUNITY WANTS, WOULD THAT HELP? I WOULD, I WOULD GO WITH THAT, YES. YEAH. A LITTLE MORE APPROVAL ON THEIR SIDE AS OPPOSED TO A FEW OR NONE YET. RIGHT. 'CAUSE I THINK, YOU KNOW, YOU KNOW, 'CAUSE KIND OF WHAT WAS EMITTED HERE WAS THAT THERE IS NOT A NEIGHBORHOOD ASSOCIATION, SO THEY'RE DEFINING WHAT THE NEIGHBOR'S GONNA LOOK LIKE. AND SO IF THEY GET THE NEIGHBORHOOD TO DECIDE, THEN IT SOUNDS LIKE YOU WOULD CONCUR WITH THAT. SO, RIGHT. SOME SORT OF A, A ANYWAY, A GROUP, A GROUP AGREEMENT FOR THIS VERSUS JUST ONE PERSON APPROVING? WELL, I THINK, NO. WELL I THINK HE PROVIDED, YOU KNOW, WE'LL SAY SIX OR SEVEN SIGNATURES I GUESS. SO NOT SURE HOW MANY WERE PROVIDED, BUT, BUT I THINK WE CAN COME BACK WITH, YOU KNOW, IT SOUNDS LIKE YOU'RE ASKING FOR MORE, SO, OKAY. I'M ASKING FOR MORE. OKAY. SO WE GET MR. ZUNIGA, I AGREE WITH THAT. OKAY. MOTION FOR CONTINUANCE. SO MOVE? YES. OKAY. SO WE HAVE MS. KAPLAN AND MR. ZUNIGA? YES. OKAY. ROLL CALL VOTE PLEASE. WHAT, WHAT DATE? WHAT DATE? APRIL 3RD IS THE DATE FOR CONTINUANCE. GO AHEAD. DES, MS. KAPLAN? YES. MR. ZUNIGA? YES. MS. CRUZ? YES. MR. SPIELMAN? YES. MR. MENCHACA? YES. MR. MANNA? YES. MR. VASQUEZ? YES. MR. OZUNA? YES. CHAIR ORIAN? YES. ALRIGHT. FOR AGAIN, UNANIMOUS CONSENT FOR CONTINUANCE OF APRIL 3RD. UM, WE'LL SEE YOU APRIL 3RD, SIR. UM, IT'S PART OF, THIS IS PART OF THE WAY IT WORKS. AND, AND SO YOU HEARD KINDA THE DIALOGUE THAT WAS HERE IS WITH REGARDS TO SOME OF THE, I GUESS, UM, SOME OF THE DISCUSSION HERE. SO, SO I THINK WITH THAT THEN, YOU KNOW, YOU HAVE SOME THINGS THAT YOU CAN PROBABLY ACCOMPLISH HERE WHEN YOU BRING IT NEXT TIME AND IT BASICALLY VISITING ALL YOUR NEIGHBORS AND GETTING MORE SIGNATURES IS WHAT IT SOUNDED LIKE. HOW MANY? AS MANY AS YOU CAN GET. . , THANKS. THANK Y'ALL. ARE WE OKAY TO CONTINUE OR DO WE NEED A SMALL BREAK HERE OR? WE DID, UH, GET YOUR DINNER IF YOU NEED TO TAKE A BREAK. WE ONLY, WE ONLY HAVE THREE MORE CASES. SO I, I WHAT ABOUT MY DINNER? ? YEAH, I SAY, WELL, LET'S GET PUSH A BREAK. NO PROBLEM. IT'S IN THE, IT'LL BE WAITING FOR YOU IN THE TOBIN ROOM. THANK YOU. WE'RE GONNA, WE'RE GONNA PUSH THROUGH, WE'RE GONNA DO NUMBER CASE NUMBER TWO. UM, UH, COMMISSIONER, UH, CRUZ HAS A STATEMENT. GO AHEAD. UH, NO, IT'S JUST I WANTED TO LET THE CHAIR KNOW AFTER THIS NEXT, UH, CASE I NEED TO BUG OUT. UM, ONCE YOU QUORUM, ONCE YOU LEAVE, MA'AM, WE HAVE NO QUORUM. JUST, UH, F Y I. WELL, LET'S DO THE MINUTES, AT LEAST HEADS UP AFTER THIS NEXT CASE I'VE GOT TO GO BECAUSE, UH, SOMETHING CAME UP AND I GOTTA GO TAKE CARE OF IT. SORRY. OKAY, WELL LET'S PUSH FORWARD WITH THE CASE THEN. UM, YEAH. OKAY. STAFF, GO AHEAD. WE CAN MOVE FORWARD WITH CASE 31. ALL RIGHT. B O A CASE. 31. UH, OFF OF UH, 67 30 FAILED FAIRDALE DRIVE A REQUEST FOR A THREE FOOT SPECIAL EXEMPTION FOR A MA MAXIMUM FIVE FOOT FENCE HEIGHT FOR THE PREDOMINANTLY OPEN, UH, FENCE TO BE EIGHT FOOT TALL IN THE FRONT PROPERTY LINE, AND A TWO FOOT SPECIAL EXEMPTION FROM THE MAXIMUM SIX FOOT, UH, FENCE HEIGHT TO ALLOW PREDOMINANTLY OPEN FENCE TO BE EIGHT FOOT ALONG THE SIDE AND REAR OF THE PROPERTY. NEXT SLIDE. SUCH A PROPERTY LOCATED LESS THAN HALF A MILE SOUTHWEST OF THE INTERSECTION OF EISENHOWER AND IH 35 AND CURRENTLY HAVE A SELF STORAGE, UH, FAC UH, BUSINESS. THE APPLICANT HAS REQUESTED VARIANCE TO ALLOW EIGHT FOOT FENCE PREDOMINANTLY OPEN ALONG THE FRONT SIDE, UM, DUE TO INCREASED UNSOLICITED PERSONNEL ENTERING THE PROPERTY. THERE'S CURRENTLY AN EXISTING CHAIN LINK FENCE THAT WILL BE REMOVED AND REPLACED WITH PROPOSED FENCE WITH THE PROPOSED WITH THE PROPERTY BEING ZONED. C THREE. THE MAXIMUM HEIGHT IS PERMITTED IS SIX FOOT ALONG THE SIDE OF FIVE FOOT ALONG THE FRONT. HOWEVER, THIS USE IS ALSO PERMITTED, UM, ON THE RAILWAY THAT WOULD ALLOW, THE DEFENSE IS ALSO ALLOWED ON THE RAILWAY RIGHT OF WAY AS A EIGHT FOOT FENCE. THE USE OF A SELF STORAGE BUSINESS PERMITTED BOTH IN THE COMMERCIAL AND INDUSTRIAL SHOULD HAVE THIS BEEN ZONED INDUSTRIAL. THE BUSINESS WOULD HAVE STILL BEEN PERMITTED AND AN EIGHT FOOT FENCE WOULD BE PERMITTED BY RIGHT NEXT SLIDE. THAT'S THE, UH, COPY OF THE FENCE TA FENCE HEIGHT TABLE, AND THE USE IS PERMITTED TO SITE PLAN OF [04:00:01] THE STORAGE FACILITY AND THE SUBJECT PROPERTY. STAFF RECOMMENDS APPROVAL ON B O 8 31 BASED ON THE FOLLOWING FINDINGS OF THE FACTS. EIGHT FOOT FENCE WILL ADD ADDITIONAL SECURITY AND PRIVACY TO THE SUBJECT PROPERTY AND IMMEDIATE AREA. THE REQUEST WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND CELL STORAGE IS BOTH COMMERCIAL AND INDUSTRIAL USE. AND EIGHT FOOT FENCE WOULD'VE BEEN PERMITTED BY WRIGHT SHOULD THE BUSINESS HAVE BEEN LOCATED IN THE INDUSTRIAL DISTRICT. SLIDE. THERE'S THE NOTIFICATION PLAN. FIVE NOTICES WERE MAILED OUT. WE HAVE NOT RECEIVED ANYTHING AND APPLICANT IS AVAILABLE FOR QUESTIONS. THANK YOU. LET'S SEE. ANY QUESTIONS FOR STAFF, UH, THE APPLICANT, PLEASE, UH, COME FORWARD. THANK YOU. THERE'S ONE UP HERE. SORRY. NO. OKAY. HI, UH, GOOD EVENING. ASHLEY FAIRMONT KILLING GRIFFIN AND FAIRMONT 1 0 1 0 1 REUNION PLACE. UH, THANK YOU ALL FOR YOUR PATIENCE. NICE TO SEE YOU. UM, SO, SO WE'RE REQUESTING THE FIN HEIGHT, SPECIAL EXCEPTION. UM, I'M WORKING WITH OTTER SELF-STORAGE. UH, MY CLIENT JUST RECENTLY PURCHASED MULTIPLE SELF-STORAGE FACILITIES HERE IN SAN ANTONIO AND WHAT THEY FOUND IS QUITE A BIT OF SECURITY ISSUES AND SO WE'RE LOOKING AT A VARIETY OF WAYS TO IMPROVE THE SECURITY AT THE FACILITIES. SO THERE, THERE'S A FEW, SOME OF THEM ARE ZONED INDUSTRIAL, SO AS MERKO MENTIONED, THEY CAN PUT IN AN EIGHT FOOT FENCE AS OF RIGHT. UM, OTHER PROPERTIES, WE ARE GOING THROUGH THE REZONING PROCESS TO BRING UP INTO COMPLIANCE WITH ZONING AND THEN ALSO ALLOW FOR THE EIGHT FOOT FENCE HEIGHT. THIS SITE BEFORE YOU NOW, UM, IS ZONE COMMERCIAL AND WE THINK IT'S APPROPRIATE AS ZONE COMMERCIAL. AND SO WHAT WE'RE ASKING FOR ALLOW FOR, IT'S PREDOMINANTLY OPEN, BUT TO INCREASE THE FENCE HEIGHT FROM SIX FEET IN SOME SHORTER CHAIN LINK PRIMARILY AT THIS FACILITY AND THEN UP TO EIGHT FEET. UM, THEY'RE LOOKING AT A COMBINATION OF DIFFERENT OPTIONS TO IMPROVE SECURITY, TO HELP WITH THEM AS OWNERS TO HELP THEIR CLIENTS, THEIR CUSTOMERS WHO RENT THE FACILITIES, AND THEN ALSO HOPEFULLY TO HELP THE AREA AND DETER CRIME FROM BEING HERE. UM, IT'S JUST A, A VIEW OF THE RAILROAD SIDE. AS MERKO MENTIONED, THIS SITE, ACTUALLY, WE CAN ALREADY DO THE EIGHT FOOT FENCES AS OF RIGHT. UM, BUT WE DID INCLUDE THAT IN THE REQUEST. JUST TO BE CONSISTENT, IT'S THE EXISTING FENCE, UM, THAT'S ALREADY SHOWN. SO THIS IS WHAT THE FENCE WILL LOOK LIKE. AGAIN, PREDOMINANTLY OPEN, BUT THEY'VE FOUND AT OTHER FACILITIES THROUGHOUT THE COUNTRY THAT AN EIGHT FOOT FENCE MAKES A SIGNIFICANT DIFFERENCE VERSUS A SIX FOOT. UM, AND SO THAT'S WHAT WE'RE ASKING FOR. UM, I CAN, I CAN GO ON, BUT I I KNOW I WANNA TIME BREVITY. I THINK, UM, MS. CRUZ, UM, WOULD YOU, WOULD WE BE ABLE TO GET TO THAT NEXT CASE IF WE HURRY THIS CASE ALONG? IT'S THE SAME APPLICANT AND IT'S THE SAME APPLICANT. NEVER CRUZ. I MEAN, I'LL TAKE THAT AS A YES. SO THE ONLY QUESTION I WOULD HAVE WOULD BE YES, SIR. UM, ANY, UM, DO YOU HAVE ANY REPORTS, POLICE REPORTS WITH REGARDS TO CRIME THERE? YES. OKAY. THAT'S ALL I NEED TO KNOW A LOT, . ALRIGHT. ANY DO, UH, THANK YOU MR. ROMAN. SURE. DO WE HAVE ANY PUBLIC, UH, VOICE PUBLIC, UH, VOICEMAILS? NO PUBLIC COMMENT. OKAY. THAT, OKAY. LET'S GO AHEAD AND MAKE A MOTION. I'LL DO IT. OKAY, MR. ORIAN? YES. REGARDING CASE NUMBER BO EIGHT DASH 23 DASH THREE DASH 0 1 0 3 0 AS 0 31, I MOVE TO THE BOARD OF ADJUSTMENT RENDERER REQUEST FOR ONE, A THREE FOOT SPECIAL EXEMPTION FROM THE MAXIMUM FIVE FOOT FENCE SITE TO ALLOW A PREDOMINANTLY OPEN FENCE TO BE EIGHT FOOT TALL IN THE FRONT PROPERTY LINE. AND TWO, A TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT FENCE SITE TO ALLOW PREDOMINANTLY THE OPEN FENCE TO BE EIGHT FOOT TALL, UH, ALONG THE SIDE OF REAR PROPERTY LINE, SITUATED AT 67 30 FAIRDALE DRIVE, APPLICANT BEING, UH, KILLIAN AND, UM, UH, GR UM, GRIFFIN, APPLICANT B KILLIAN GRIFFIN AND FAIRMONT P L L C. BECAUSE THE TESTIMONY PRESENTED US AND THE FACTS THAT WE HAVE DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH AS THE LITERAL ENFORCEMENT OF THE PROVISIONS AND THE UNIFIED ONLY CODE AS, AND IT WOULD RESULT IN UNNECESSARY HARDSHIP. BASICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND THE PURPOSE OF THE CHAPTER. THE VARIANCE WILL ALLOW, UH, IS TO ALLOW AN EIGHT FOOT, PREDOMINANTLY OPEN FENCE ALONG THE FRONT AND SIDE PROPERTY LINES, WHICH APPEAR TO BE CLOSELY ALIGNED WITH THE CODE. IF GRANTED, THE STAFF FINDS THIS REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE. B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED. THE ADJACENT PROPERTY IS A RAILROAD RIGHT AWAY, AND FURTHER EAST IS A INTERSTATE HIGHWAY. THE ADDITIONAL FENCE SITE WILL HELP, UH, ADD ADDITIONAL SECURITY TO THE PROPERTY AS WELL AS ACT AS A SAFETY MEASURE TO A VULNERABLE, UM, LOT SERVING THE PUBLIC WELFARE AND CONVENIENCE. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE FENCE WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT OF THE ADJACENT PROPERTIES. THE PROPERTY OF THE NORTH IS CURRENTLY VACANT AND THE PROPERTY TO THE EAST HAS RAILROAD TRACKS. THEREFORE, INJURY TO NEIGHBORING PROPERTIES IS UNLIKELY. B, THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THE LOCATION WHICH THE PROPERTY FOR THE SPECIAL EXCEPTION IS SAW ALONG [04:05:01] WITH THIS, UH, ADDING ADDITIONAL SECURITY, THE REQUEST A DATE FOR PREDOMINANTLY OPEN FENCE WILL IMPROVE THE LOOK OF THE PROPERTY. THE ESSENTIAL CHARACTER OF THE DISTRICT WILL NOT BE DISRUPTED BY THE REQUEST E THE SPECIAL ACCEPTIONS WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR REGULATIONS. THEY'RE AND ESTABLISHED FOR THE SPECIFIC DISTRICT. THE REQUESTED SPECIAL EXCEPTIONS WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT IN A MOTION. SECOND, SECOND, SECOND, MS. KAPLAN, UM, MR. ORIAN, WOULD YOU LIKE TO PROVIDE SOME DISCUSSION OR, YEAH, I MEAN, IT'S, I'M FORWARD. IT'S OFF THE HIGHWAY. IT WOULD'VE, UH, UH, BEEN ALLOWED THE, THE DEFENSE, UH, UNDER CERTAIN CIRCUMSTANCES AS STAFF HAD MENTIONED DURING, UH, THE, UH, THE PRESENTATION. SO I'LL BE IN, I'LL BE IN FAVOR. I'M FORWARD TOO. ALRIGHT, LET'S GO AHEAD AND TAKE A ROLL CALL. VOTE CHAIR. ORIAN. YES, MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. MR. SPIELMAN. I CONCUR. MR. MENCHACA I CONCUR. MR. ZUNIGA. I CONCUR. MR. MANNA I CONCUR. MR. VASQUEZ. I CONCUR. MR. OZUNA? YES, I CONCUR. THE UNANIMOUS NINE OF FAVOR ZERO AGAINST THE MOTION PASSES. UH, NEXT CASE PLEASE. RIGHT, NEXT CASE. BO 8 32 ADDRESS OFF OF 13,923 SOUTHWEST L FOUR 10 REQUESTING A THREE FOOT SPECIAL EXEMPTION TO THE FIVE FOOT MAXIMUM FENCE HEIGHT, UH, TO ALLOW EIGHT FOOT FENCE IN THE FRONT PROPERTY YARD AND A TWO FOOT SPECIAL EXEMPTION TO THE MAXIMUM SIX FOOT HEIGHT TO ALLOW A PREDOMINANTLY OPEN FENCE ALONG THE SIDE AND REAR PROPERTY. NEXT SLIDE. PROPERTY IS LOCATED IN SOUTHWEST CORNER OF SOUTH ALZA MORE AND SOUTHWEST LOOP FOUR 10 CURRENTLY MAINTAINS THE CELL STORAGE BUSINESS REQUESTS TO ALLOW THE REMOVAL OF A EXISTING FENCE TO REPLACE IT WITH AN EIGHT FOOT PREDOMINANTLY OPEN FENCE THAT WILL BE LOCATED ALONG THE SIDE AND REAR PROPERTY LINES. THE FRONT WILL MAINTAIN AN EIGHT FOOT, PREDOMINANTLY OPEN GATE THAT WILL SERVE AS ACCESS TO THE PROPERTY WITH THE PROPERTY BEING ZONED. C TWO. THE MAXIMUM HEIGHT PERMITTED FOR THE PREDOMINANTLY OPEN FENCE AND THE SIDE AND REAR YARDS IS SIX FOOT AND FIVE FOOT ALONG THE FRONT PROPERTY LINES. THE USE OF A CELL STORAGE BUSINESS IS PERMITTED IN BOTH COMMERCIAL INDUSTRIAL DISTRICTS AS PER SECTION 35 DASH FIVE 14. SHOULD THE BUSINESS HAVE BEEN LOCATED IN THE INDUSTRIAL, THE EIGHT FOOT FENCE WOULD HAVE BEEN PERMITTED BY RIGHT NEXT SLIDE. THIS NEXT SLIDE IS A COPY OF THE, UH, SITE PLAN. SEE A ALONG FOUR 10 AND SAL ZAMORA IS RIGHT BELOW IT, SUBJECT PROPERTY AND THAT CORRUGATED METAL WILL BE REMOVED AS BY THE, UH, APPLICANT STATED STEPH, UH, RECOMMENDS APPROVAL ON BO O A 32 BASED ON FOLLOWING FINDINGS OF THE FACT THE A FOOT FENCE WILL ADD ADDITIONAL SECURITY AND PRIVACY TO THE SUBJECT PROPERTY AND IMMEDIATE AREA. THE REQUEST WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT CELL STORAGE IS BOTH COMMERCIAL INDUSTRIAL USE AND IF A FENCE WOULD'VE BEEN PERMITTED BY RIGHT. SHOULD HAVE BEEN THIS PROPERTY IN AN INDUSTRIAL DISTRICT. NEXT SLIDE. SET OUT 14 NOTICES WE DID NOT RECEIVE ANY, UH, RESPONSES AND THE APPLICANT IS AVAILABLE TO ANSWER QUESTIONS. THANK YOU. ANY QUESTIONS FOR STAFF? HEARING NONE. WOULD YOU LIKE TO MAKE YOUR PRESENT? SURE. UM, ASHLEY FAIRMAN KILLING GRIFFIN AND FAIRMAN 1 0 1 0 1 REUNION PLACE, UH, OUTTA RESPECT FOR YOU ALL'S TIME. UH, MY PRESENTATION IS BASICALLY THE SAME AS THE LAST CASE, SO I WOULD JUST ASK THAT IF THERE IS ANY CONCERNS OR OPPOSITION, IF YOU LET ME KNOW AND I CAN TRY TO ADDRESS THOSE. MS. CHACO. MR. MACHACA, I JUST HAVE A QUESTION. I NOTICE THAT, UH, ONE SIDE OF THE FENCE HAD BARBED WIRE. WHY ARE YOU GIVING UP THE BARBED WIRE VERSUS THE FENCE? THE OTHER TYPE? WELL, YOU KNOW, ONCE THEY REPAIR THE FENCE, I DON'T BELIEVE BARBED WIRE IS ALLOWED AND WITHOUT A SPECIAL PERMISSION FROM THE CITY. SO WE WANT A CONSISTENT FENCE THROUGHOUT THE WHOLE PROPERTY AND WE CAN'T GO IN AND FIX IT ALL AND THEN PUT BARBED WIRE BACK ON, BASICALLY BARBED WIRE ON TOP OF THE FENCE. THE NEW FENCE YOU'RE GONNA PUT BACK ON, YOU CAN'T DO THAT, CORRECT? SHE'S CORRECT. THANK YOU. MANNA. MR. MANNA? YES, SIR. SAME QUESTION LAST TIME. SO YOU GOT, UH, POLICE REPORTS? YES. THIS ONE. THIS ONE MORE SO IN THE LAST FOUR MONTHS, ABOUT 140,000 FOR THE, DO WE HAVE ANY PUBLIC, UH, COMMENT OR VOICEMAILS TO READ FOR THE RECORD? NO, SIR. OKAY. UM, YOU GOT THE REBUTTAL? OKAY. NO, THANK YOU ALL. I WOULD ASK FOR A MOTION. I'LL MAKE A MOTION. I'LL MAKE A MOTION. OKAY. REGARDING CASE NUMBER BO A DASH 23 DASH 1 0 3 3 2, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE, A THREE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT FENCE SITE TO ALLOW A PREDOMINANTLY OPEN GATE TO BE EIGHT FEET TALL IN THE FRONT PROPERTY LINES AND TWO, A TWO FOOT SPECIAL EXEMPTION FROM THE MAXIMUM SIX FOOT FENCE SITE TO ALLOW A PREDOMINANTLY OPEN FENCE TO BE EIGHT FEET TALL ALONG THE SIDE AND REAR PROPERTY LINES SITUATED AT ONE. AM I IN THE, IS IS MS. CRUZ THERE? I'M JUST OH, OKAY. AT 1 3 9 2 3 SOUTHWEST LOOP FOUR 10. APPLICANT BEING KILLING GRIFFIN IN FAIRMONT P L L C BECAUSE THEY PRESENTED TO US IN THE FACTS SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFORM DEVELOPMENT UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL [04:10:01] EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE PROPOSED EIGHT FOOT WILL BE PREDOMINANTLY OPEN AND LOCATED ALONG THE SIDE WEST PROPERTY AND REAR SOUTH PROPERTY LINE. ITS STAFF FINDS THE REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE. B. THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED. THE ADDITIONAL FENCE SITE WILL AID WITH DETERRING UNAUTHORIZED PERSONNEL ON THE PROPERTY. WHILE THE MATERIAL WILL HELP WITH NOT COMPLETELY ISOLATING THE PROPERTY FROM THE REST OF THE NEIGHBORHOOD. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE ADDITIONAL FENCE SITE BEING REQUESTED WILL ENHANCE SECURITY FOR THE SUBJECT PROPERTY. THE ADJACENT PROPERTIES ARE ALSO ZONED FOR COMMERCIAL USES, THEREFORE, THE REQUEST IS UNLIKELY TO INJURE THE NEIGHBORING 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 PROPERTY IS LOCATED IN AN UNDEVELOPED AREA OF THE CITY. LOTS ADJACENT TO THE SUBJECT PROPERTY ARE CURRENTLY VACANT, LEADING TO BELIEVE THAT THE CHARACTER OF THE DISTRICT HAS NOT YET BEEN ESTABLISHED. THEREFORE, THE REQUEST IS HIGHLY UNLIKELY 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 PURPOSE. THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. END OF MOTION. SECOND. A SECOND. UH, WOULD YOU LIKE TO PROVIDE ANY DIALOGUE? NO. NO MORE? NO, I AM FOR, UH, FOR THE SAME REASONS THAT WE WERE THE OTHER ONE. CONCUR, MY COLLEAGUE. LET'S TAKE A ROLL CALL. VOTE MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. MR. SPIELMAN. I CONCUR. MR. MENCHACA I CONCUR. MR. ZUNIGA. I A CONCUR. MR. VASQUEZ? I CONCUR. MR. UNA? YES, I CONCUR. CHAIR ORIAN. I CONCUR. OKAY, WITH UNANIMOUS. NINE OF FAVOR. ZERO AGAINST THE MOTION PASSES. UM, MS. CRUZ, I EMPLOYEE, IF WE CAN JUST GET THROUGH THE LAST CASE, UH, IT WILL BE GOOD FOR THE DAY. UH, CASE NUMBER 34? YES. YES. CASE. GOOD. GOOD. UH, HE'S ASKING IF WE ARE UP TO OUR LAST CASE AND HE IS, UM, ASKING IF HE CAN STAY FOR THIS LAST CASE. UH, 33. 34. 34. LEMME BRING IT UP. OKAY, GOOD. OKAY. BO O A 23 1 0 3 0 0 0 3 4. UH, ADDRESS IS VARIOUS ON CRICKET TRAIL COUNCIL. DISTRICT FOUR APPLICANT IS ROBERTO AL. A REQUEST FOR A 19 FOOT VARIANCE FROM THE MAXIMUM 20 FOOT SETBACK TO ALLOW STRUCTURES TO BE 39 FEET FROM THE FRONT SETBACK FOR 86 LOTS. IT'S ZONED MF 33 MULTIFAMILY CASE SUMMARY. THE SUBJECT PROPERTIES ARE ON CROOKED TRAIL NEAR RAINBOW HILLS. THE APPLICANT IS BUILDING 86 HOMES, IS REQUESTING A 39 FOOT FRONT SETBACK SITE PLAN. AND YOUR SUBJECT PROPERTY SUBJECT PROPERTY RECOMMENDATION, FRONT SETBACK VARIANCE STAFF RECOMMENDS APPROVAL IN BO O 8 23 1 0 3 0 0 3 4. BASED ON THE FOLLOWING FINDINGS, THE REQUESTED VARIANCE WILL NOT AFFECT SURROUNDING AREAS. AND TWO, THE PROPERTY IS IN A PRIVATELY CLOSED SUBDIVISION NOTIFICATION PLAN. STAFF MAILED OUT 11 NOTICES, ZERO IN FAVOR, ZERO IN OPPOSITION. AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT SHOULD BE AVAILABLE. LET'S SEE IF WE HAVE ANY QUESTIONS FOR STAFF. I HAVE A QUESTION FOR STAFF. OKAY. UH, MR. YES, SIR, GO AHEAD. YEAH, SO, UH, YOU'RE SAYING THAT THERE'S A, A FRONT SETBACK ISSUE, BUT WHEN THEY, WHEN THEY PLANTED THIS WITH THE PRIVATE STREETS, DOESN'T, DOESN'T THAT MAKE THE FRONTAGE ALONG THE PRIVATE STREETS AND, AND, AND NOT ALONG THAT, UH, CROOKED STREET IN THE BACK THERE? UH, NO, NOT ACCORDING TO THE PLAN REVIEW TEAM. SO ALL OF THE PROPERTIES NEEDED A VARIANCE TO THAT FRONT SETBACK. I, I, I'M, I HAVE, I RESPECTFULLY DO NOT AGREE WITH THE PLANETARY TEAM. I MEAN, WHEN YOU PLANT A ROAD AND YOU HAVE A PLOTTED LOT, AND YOU'RE PROPOSING A BUILDING WITHIN THE 20 FEET OF THE, OF THE PRIVATE STREET LIKE AN A, A A A LEGITIMATE PRIVATE STREET. I, I, WHAT ARE THEY TALKING ABOUT? WELL, THE, THE PART OF THE ISSUE IS THERE ARE DUPLEXES, PLEXES AND QUADPLEXES, I BELIEVE. AND SO, UM, THERE'S A COUPLE OF WAYS THAT YOU CAN BUILD ON MF. ONE IS TO OUR FOUR STANDARDS, OR YOU CAN JUST BUILD TO MF STANDARDS. AND SINCE THIS, YOU KNOW, HAD A COMBINATION OF DIFFERENT TYPES OF HOUSING, UM, THEY WERE ACTUALLY PROPOSING THEY BEING, UM, THE PERMIT TEAM THAT PERHAPS THEY WOULD BUILD TO THE R FOUR SPECS INSTEAD OF HAVING THE, YOU KNOW, UH, BUILDING TO MF. BUT WHEN WE REVIEWED IT, AND WE, WE ALSO HAVE A PLAN REVIEW TEAM, WE'RE SAYING THAT BECAUSE IT IS AN [04:15:01] MF 33 SUBDIVISION, UM, THE ONLY THING THAT THEY ARE REQUIRED TO, UM, GO AHEAD AND MEET IS THAT FRONT SETBACK REQUIREMENT. OKAY. I MEAN, I, I COMPLETELY THINK THAT THAT, THAT IT DOES, IF IT'S A TRULY A PLATTED PRIVATE STREET AND THEY'RE PROPOSING THE BUILDING TO BE WITHIN 20 FEET OF THE PLATTED STREET WHERE THESE INDIVIDUAL PLATTED LOTS ARE GONNA BE ACCESSED, THAT'S THE FRONT SETBACK TO ME. SO, ALL RIGHT. PLEASE PROCEED. I'M SORRY. FINE. ANY OTHER QUESTIONS FOR STAFF? AND SAME DIALOGUE FOR A PUD. RIGHT. SO WOULD THE PUD WOULD'VE BEEN, THEY WOULD'VE BEEN ALLOWED THEN? UM, YES. IT WOULD'VE BEEN ALLOWED IN THE PUD BECAUSE THEY DON'T HAVE ANY, UH, MINIMUM SETBACK OR MAX MIN OR MAX SETBACK REQUIREMENTS? YES. OKAY. THANK YOU MR. MACHACA. YEAH, THANK YOU, UH, CHAIRMAN ORIAN FOR BRINGING THAT UP. THAT WAS MY, MY QUESTION THAT I HAD. THANK YOU FOR CLARIFYING THE MF ISSUE. OKAY. UH, THE APPLICANT. WOULD YOU LIKE TO COME FORWARD AND, HI JIMENEZ ARCHITECT AND AGENT AND REPRESENTING, UH, MR. ROBERT, OWNER, OWNER AND, UH, GENERAL CONTRACTOR. CAN'T HEAR YOU. CAN YOU HEAR ME NOW? YEAH. JAIME JIMENEZ WITH ARCHITECT AND PROJECT MANAGER REPRESENTING, UH, MR. ROBERTO, OWNER AND GENERAL CONTRACTOR FOR THIS PROJECT. OKAY. UH, PLEASE, UH, MAKE YOUR PRESENTATION. OKAY. YEAH. WHAT WHAT WE'RE TRYING TO DO ACCOMPLISH IS, UM, HAVE A, THE MAXIMUM SETBACK IS 20 FEET, SO WE'RE TRYING TO GET UP TO 39. THERE'S A, THERE'S A STREET THAT WE HAVE A EASEMENT IN THE REAR, SO THAT'S, WE'RE NOT GONNA BE ABLE TO ACCOMPLISH IT 39, BUT WE CAN ACCOMPLISH 35 FEET. AND THE REASON TO, TO MOVE THIS, THIS, THE FRONT SETBACK IS TO HAVE MORE PARKING IN THE FRONT FOR OR OTHER RESIDENTS SINCE, UH, THERE'S, UH, EACH ONE DRIVEWAY, ONE DRIVEWAY FOR EACH UNIT, WHICH IS, UH, FOUR DRIVEWAYS FOR THE, FOR, FOR, UH, BUILDING IS REALLY HARD FOR THE RESIDENTS TO PARK ON THE STREET. SO THAT'S THE REASON WE'RE TRYING TO, TO PUSH IT AS FAR AS WE CAN TO THE BACK TO, TO, TO HAVE, UM, MORE PARKING ON THE DRIVEWAY. SO ACTUALLY WE'RE TRYING TO ACCOMPLISH GARAGE AND TWO MORE CARS ON THE DRIVEWAY. SO TO KEEP THIS, KEEP THE CARS OFF THE STREET BASICALLY. YES, EXACTLY. YES SIR. YOU HAVE ENC CLOSED GARAGES WITHIN EACH YES. YES. FOR EACH UNIT? YES. OKAY. UH, ANY QUESTIONS FOR THE APPLICANT STAFF? DO WE HAVE ANYBODY SIGNED UP? OH, YES. IS THERE A YES. YEAH. ON THIS ONE IT HAS ALREADY BEEN PLOTTED AND SEW, IS THAT CORRECT? YES, SIR. OKAY. THANK YOU. MR. Z. THE ZONING OCCURRED IN, UH, 2021. OH, OH, OKAY. OKAY. ORIAN OR ORIAN? YEAH. REAL QUICK, UH, I STAND CORRECTED IF THIS IS WHAT HE'S DOING IS PUSHING THE BUILDING ALL THE WAY IN THE BACK THEN AS IT APPEARS ON WHAT'S IN THE FILE ON THE ADDRESS, PLATT, WELL THEN I SEE, COMPLETELY SEE WHY IT'S A SETBACK ISSUE. I MEAN, IF THAT'S WHAT HE'S DOING, HE IS PUSHING IT MORE THAN 20 FEET. SO APOLOGIZE. THE STAFF ARE QUESTIONING YOU GUYS. THANK YOU. TORIAN. UH, NOT HOW LARGE ARE THEM? THEM, UH, HOUSES GONNA BE 11, 1100 SQUARE FEET. EACH HOUSE IS, IS, YEAH, IT'S ABOUT 1300 EACH UNIT. AND TWO, UH, TWO BEDROOMS, UH, THREE BEDROOMS. TWO. IT IS A TWO STORY, UH, PREMISE ON THE FIRST FLOOR IS GONNA, WE'RE GONNA HAVE A GARAGE, UH, KITCHEN, LIVING, LIVING AREA, AND DINING ON THE SECOND FLOOR. WE HAVE, UH, THREE BEDROOMS AND TWO FULL BATHS AND A COVER PATTERN IN, IN THE REAR. THANK YOU, SIR. UH, STAFF, DO WE HAVE ANYBODY SIGNED UP TO SPEAK? UH, UH, PUBLIC COMMENT? NO PUBLIC COMMENT. ALRIGHT. WOULD YOU LIKE TO PROVIDE ANY CLOSING, UH, POINTS BEFORE WE YES. WELL, I MEAN, REALISTICALLY WE HAVE A COVER PATIO IN THE, IN THE REAR. SO THE MAIN HOUSE IS GONNA BE ABOUT 20 FEET FROM THE REAR SETBACK. WE'RE JUST TRYING TO PUSH THE COVER PATTERN'S GONNA BE, LET'S SAY, ENCROACHING INTO THE, THOSE 20 FEET. BUT REALISTICALLY, THE HOUSE IS GONNA BE AT THE 20 FOOT SETBACK, MORE OR LESS. THANK YOU, SIR. IN THE REAR. ALRIGHT. DO I, UH, HEAR A MOTION FROM THE BOARD MAN, MR. MADAM, REGARDING REGARDING CASE NUMBER BO O A, UH, ENDING 0 0 3 4, I MOVED THAT THE BOARD OF ADJUSTMENT GRANT THE REQUEST FOR 19 FOOT VARIANCE FROM THE MAXIMUM 20 FOOT FRONT SETBACK TO ALLOW STRUCTURES TO BE 39 FEET FROM THE FRONT SETBACK FOR LOTS 86, SITUATED ON CROOKED TRAIL, APPLICANT BEING, UH, L E C A, CONSTRUCTION L L C. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN A UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST, AS THE INCREASE FRONT SETBACK WILL NOT AFFECT SURROUNDING AREAS. TWO, DUE TO SPECIAL CONDITIONS, [04:20:01] A LIBERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A ENFORCEMENT, UH, OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS IT WOULD REQUIRE THE APPLICANT TO RECONFIGURE THE PARKING PLAN. THREE, BY GRANTING VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCES DEFINED AS THE INTENT OF THE CODE, RATHER THAN THE EXACT LETTER OF THE LAW. THE VARIANCE WOULD OBSERVE THE SPIRIT OF THE ORDINANCE AS IT'S PRIVATELY CLOSED. SUBDIVISION. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WOULD BE ALLOWED WITHIN THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER, THE DISTRICT IN WHICH IS PROPERTY IS LOCATED. THE INCREASED RUN SETBACK WOULD NOT INJURE THE USE OF APPRO OF ADJACENT PROPERTIES OR ALTER THE ESSENTIAL CHARACTER THE DISTRICT IN WHICH IS, UH, AS ITS ITS OWN SUBDIVISION. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY IN UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL OR ARE DUE TO THE RESULT OR GENERAL CONDITIONS IN THE DISTRICT, WHICH IS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH REDUCED SETBACK VARIANCE SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE MOTION A SECOND, SECOND, SECOND. A SECOND ALREADY. ANY DISCUSSION ON THE MOTION? UM, NO. AND, AND YOU KNOW, I ASKED A QUESTION ABOUT THE PUD AND THEY SAID IT WOULD BE APPROVED AS A PUD. SO, YOU KNOW, I, I THINK AS A UNIQUE SUBDIVISION, I'M OKAY WITH THIS AS READ. MR. MACHACA. I CONCUR WITH MY COLLEAGUE AND I THANK YOU FOR THE EXPLANATION ON THE SETBACK. THANK YOU, SIR. UH, LET'S TAKE A ROLL CALL. VOTE MR. MANNA. I CONCUR WITH THE FINDINGS EFFECT. MR. MANCHACA? I CONCUR. MR. STEELMAN. I CONCUR. MS. CRUZ? YES, I CONCUR. MR. ZUNIGA. I CONCUR. MS. KAPLAN I CONCUR. MR. VASQUEZ. I CONCUR. MR. OZUNA? YES. I CONCUR. CHAIR ORIAN. I CONCUR THE FINDINGS OF FACT. WELL, UNANIMOUS CONSENT HERE WITH NINE IN FAVOR. ZERO AGAINST A MOTION PASSES. GOOD LUCK WITH THE PROJECT AND THANK YOU FOR YOUR PATIENCE. AND THIS IS NOT NORMAL, BUT UNFORTUNATELY IT'S KIND OF NORMAL. SO THANK YOU. THANK YOU MS. CRUZ. MINUTES. [ Approval of Minutes  ] I MADE MANY RECOMMENDATIONS ON THE MINUTES. I'M ASSUMING THAT ALL THOSE GOT SUBMITTED. I MADE SOME TOO. OKAY. DID CREW LEAVE ALREADY? SHE SHE LEFT. YES. YES SHE DID. IT'S OKAY, BUT WE CAN'T VOTE ON THE MINUTES. YEAH, IT'S JUST MAJORITY. YOU CAN. I THOUGHT WE HAD TO HAVE NINE TO EVEN FOR MINUTES. YOU CAN FOR MINUTES. YOU CAN'T HAVE EIGHT. OKAY. MOVE TO APPROVE. SECOND. SECOND. WE CAN'T TAKE ANY, WE'LL JUST, WE'LL APPROVE THEM AT THE NEXT ONE AND IT'LL GIVE DES THE OPPORTUNITY TO, UH, TO CORRECT THEM. WE CAN'T, WE CAN'T TAKE ANY FURTHER ACTION. CORRECT. OR ANYTHING WE'RE DONE IS NO LONGER IN. WE'RE ALL DONE. SO GO GET, GRAB YOURSELF SOMETHING TO EAT. THANK YOU ALL FOR BEING HERE. * 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.