* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:03] THE TIME IS 1 0 8. THE BOARD OF ADJUSTMENTS WILL COME TO ORDER. PLEASE BE KIND ENOUGH TO SILENCE ALL MOBILE DEVICES. THE MEETING OF THE BOARD BOARD ADJUSTMENTS IS IN ORDER. UH, PLEASE CALL ROLL. MR. SPIELMAN. PRESENT. MR. MANCHACA PRESENT. MS. CRUZ? HERE. MR. ZUNIGA PRESENT. MR. MANNA PRESENT. MS. KAPLAN? PRESENT. MR. VASQUEZ? PRESENT. MS. BRAGMAN PRESENT. MR. OZUNA PRESENT, CHAIR ORIAN PRESENT. PLEASE STAND US AND JOIN US IN THE PLEDGE OF ALLEGIANCE OF THE UNITED STATES. AT THIS TIME, I'D ASK FOR THE SPANISH INTERPRETER TO PLEASE MAKE THEIR STATEMENT NOT ON. GOOD AFTERNOON. THANK YOU. BEFORE WE PROCEED WITH TODAY'S [ Briefing and Possible Action on the following items  ] CASES, I WOULD LIKE TO OFFER A WORD 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 BE, WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY THE DIRECTOR'S REPORT. LASTLY, AS CHAIR, I WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR ADVANCE. I ASK THAT THE BOARD MEMBERS SUBMIT THOSE, THESE ANNOUNCEMENTS TO ME AS CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME OF THE MEETING. UH, WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL. THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT AND DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HERE AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE AS AN ADVISORY AND, AND APPLICANT CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 THROUGH FIVE. IN ADDITION, WE HAVE POWERS TO HEAR CASES AND ANY OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT OR, OR HIS OR HER REPRESENTATIVE WILL PRESENT THE PETITION AND THEY'LL BE QUESTIONED BY THE MEMBER OF THE BOARD. AND THE OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER AFTER EVERYONE HAS BEEN HEARD IN THE CASE WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION IN ORDER FOR A MOTION TO CARRY. IT REQUIRES THE CONCURRING VOTE OF 75% OF THE TOTAL MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES, THE BURDEN OF PROOF IN GRANTING THE RELIEF SOUGHT REST WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS OF WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM THE ADMINISTRATIVE OFFICIAL. SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT OF LAW BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S. DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS OF YOUR CASE. AT THIS TIME, I'M GONNA ASK, UH, IF THERE'S A REPRESENTATIVE FOR EACH OF THE CASES PRESENT CASE. THIS IS CASE NUMBER 21 FOR, UM, 3 3 4 ALTITUDE DRIVE. THAT CASE HAS BEEN, UH, WITHDRAWN. CASE WITHDRAWN. THANK YOU. WITH CASE NUMBER ENDING IN 38, THIS IS THE APPEAL FOR THE SHORT TERM RENTAL. 2 0 1 EAST CARSON. YEAH, AT 2 0 1 EAST CARSON PRESENT. THANK YOU. CASE, UH, 0 0 8. THIS IS 4 5 6 2 7 SHERRY STREET. THANK YOU. CASE NUMBER, UH, ENDING IN 20. THIS IS FOR 10 16 WEST LULL WOOD AVENUE. THANK YOU. CASE ENDING IN 35. THIS IS 1 48 CROFTON [00:05:01] AVENUE. THANK YOU. THIS IS CASE NUMBER 36. THIS IS 1 1 8 SHENANDOAH STREET. THANK YOU. CASE NUMBER ENDING IN 39 17 0 7 TOWN OAK DRIVE. THANK YOU. CASE ENDING IN 40. THIS IS 89 30 FABENS PRESENT. THANK YOU. CASE ENDING IN 42. THIS IS 2 35 ESCONDIDO WAY PRESENT. DO WE SEE IT? OKAY. THANK YOU. CASE ENDING IN 43. THIS IS 4 6 31, UH, CAROLINA AS CAROLINA STREET. RIGHT. THANK YOU. AND CASE THREE 15, UH, A CASE ENDING IN 44. THIS IS THREE 15 TILDEN. YES, SIR. THANK YOU. UH, CASE ENDING IN 45, 15 0 9 BURNETT STREET. THANK YOU. CASE ENDING IN 48. THIS IS THE 27,000 BLOCK OF US HIGHWAY 2 81. THANK YOU. AND THAT, UH, OKAY, THAT'S ALL OUR PRESENT FOR THE CASES AT THIS POINT. UM, THE TIME. I'M GOING TO, UM, BRING THE CASE ENDING, UM, THE SHORT TERM RENTAL APPEAL NUMBER 38. WE'RE GONNA BRING THAT TO THE FRONT OF THE, OF THE CASES. I'M SORRY. UM, I GOTTA READ THE, UH, MEETING FORMAT REAL QUICK. OKAY? SURE, SURE. ALL RIGHT. STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OR REQUEST. PART OF THE PRESENTATION INCLUDES A MAP AND SHOWS THE ERROR TO BE CONSIDERED FOR THE VARIANCE OR SPECIAL EXEMPTION AND PROPERTY WITHIN 200 FEET OF THE SUBJECT. PROPERTY CHECK MARKS INDICATE THOSE PROPERTY OWNERS IN FAVOR AND X REQUESTS AND OVER THE REQUEST, AND X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION FOLLOWING THIS PRESENTATION AND ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST. FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST A PROPOSED VARIANCE OR SPECIAL EXEMPTION, YOU'LL BE CALLED IN ORDER THAT YOU SIGNED IN TO SPEAK. THOSE IN SUPPORT OR AND OPPOSITION WILL BE ALLOWED A MAXIMUM THREE MINUTES PER SPEAKER AND YOU'LL NOT BE OBLIGATED TO USE A MAXIMUM TIME LIMITATION. FOR THOSE I'D LIKE TO GIVE THEIR TIME OUT TO A SPEAKER. THE SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVING UP THEIR TIME FOR A TOTAL OF NINE MINUTES. THE APPLICANT WILL THEN BE GIVEN THE OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU, CHAIRMAN. THANK YOU. UH, SO AT THIS TIME I'M GOING TO MOVE SOME ITEMS OF THE AGENDA. WE'RE GONNA START WITH THE SHORT TERM RENTAL. THAT'S APPEAL NUMBER 38 FIRST. AND THEN SECOND, WE'RE GONNA DO, UH, CASE ENDING IN NUMBER 42 AS A, A COURTESY TO THE APPLICANT. I THINK HE'S GOT A PLANE OR SOMETHING TO CATCH. SO, UH, STAFF, LET'S BEGIN WITH CASE. UM, THE SHORT TERM RENTAL NUMBER. YEAH. THE CASE, UH, ENDING IN 38. ALRIGHT, GOOD AFTERNOON, MEMBERS OF THE BOARD, LOGAN SPARROW, POLICY ADMINISTRATOR. UH, THE FIRST ITEM ON YOUR AGENDA TODAY IS BO O A 23 1 0 3 38. UH, THIS PROPERTY IS LOCATED AT 2 0 1 EAST CARSON STREET IN COUNCIL DISTRICT TWO. UH, THE APPLICANT IS LAUREN SNYDER AND THE APPEAL IS, UH, AN APPEAL OF THE ADMINISTRATOR'S DECISION TO DENY A SHORT-TERM RENTAL PERMIT RENEWAL. UH, THE PROPERTY IS OWNED, R SIX A H O D, THAT'S RESIDENTIAL SINGLE FAMILY AIRPORT HAZARD OVERLAY DISTRICT. OKAY. JUST TO SHARE A LITTLE BACKGROUND ON THIS PROPERTY. THE INITIAL APPLICATION WAS SUBMITTED, UH, BACK ON JANUARY 29TH, 2020, UH, WHEN THEY APPLIED FOR THEIR RENEWAL PERMIT. UH, THAT RENEWAL, UH, APPLICATION WAS RECEIVED JANUARY 24TH, 2023. IT WAS DENIED ONE WEEK LATER ON JANUARY 31ST. AND UNLIKE SOME OF THE CASES THAT YOU HAVE CONSIDERED RECENTLY, IT WASN'T DENIED FOR, YOU KNOW, DELINQUENT HOTEL OCCUPANCY TAX. IT WASN'T DENIED BECAUSE ANYONE WAS BREAKING ANY RULES. UH, IT WAS DENIED BECAUSE ABOUT A YEAR AND A HALF AFTER THE INITIAL PERMIT WAS, UH, WAS APPROVED, THEY PULLED A REMODEL PERMIT AND BEGAN REMODELING THE STRUCTURE. UH, AT THIS POINT IN TIME, THAT REMODEL IS NOT COMPLETE. THAT RENOVATION PROJECT HAS NOT COMPLETED. THEY DON'T HAVE THEIR FINAL INSPECTION. SO WE CANNOT ISSUE A SHORT-TERM RENTAL PERMIT OR A RENEWAL TO A UNIT THAT HAS NOT YET BEEN DEEMED HABITABLE BY MEANS OF PASSING ITS FINAL INSPECTION. UM, THE, THE DENIAL BEFORE YOU, AGAIN, NOT BECAUSE OF ANY BREAKING OF THE RULES, ANYTHING LIKE THAT, THERE IS NO 12 MONTH PENALTY APPLIED FOR THIS PARTICULAR PROPERTY. UH, WE DID ADVISE THE APPLICANT THAT THEY NEED TO FINISH THE RENOVATION AND APPLY FOR THE SHORT-TERM RENTAL PERMIT AT SUCH TIME THAT THE STRUCTURE IS COMPLETE AND PAST ITS FINAL INSPECTION. AND WE CAN REVIEW IT FOR, FOR COMPLIANCE WITH THE SHORT-TERM RENTAL ORDINANCE AT THAT TIME. UH, TO THAT END, STAFF IS RECOMMENDING DENIAL OF THE APPLICANT'S APPEAL, AGAIN, BECAUSE STAFF CANNOT GRANT A PERMIT, UH, TO OPERATE A SHORT-TERM RENTAL IN A DWELLING UNIT THAT HAS NOT YET BEEN DEEMED FIT FOR OCCUPANCY. AND THAT'S REALLY THE, UH, THE SUMMARY OF THIS CASE. WE CAN FLIP THROUGH SOME OF THE PHOTOS REAL QUICK. THAT'S WHAT THE STRUCTURE LOOKS LIKE TODAY. AGAIN, IT'S AN ONGOING CONSTRUCTION PROJECT. THEY HAVE THE PERMITS IN, THEY'RE WORKING ON IT. IT JUST [00:10:01] IS NOT A COMPLETED STRUCTURE YET. MANNA QUESTION, CHRISTOPHER STAFF. SO, SO, YOU KNOW, LOOKING, THERE'S, THERE'S NO OTHER SHORT-TERM RENTALS ON THIS BLOCK RIGHT NOW, SO, SO CERTAINLY, UM, ONCE IT IS COMPLETE AND GIVEN THAT NO ONE ELSE APPLIES FOR IT, THEN THEY WOULD BE ABLE TO COME BACK AND APPLY AGAIN, CORRECT? THAT THAT'S CORRECT. SO THE SHORT-TERM RENTAL ORDINANCE, JUST AS A QUICK REMINDER, UH, REGARDLESS OF DENSITY ALLOWS ONE TYPE TWO SHORT-TERM RENTAL PER BLOCK FACE. THERE ARE NO OTHER TYPE TWO PERMITS ISSUED TO THAT BLOCK FACE. WHAT I CANNOT DO RIGHT NOW IS GUARANTEE WE DON'T GET AN APPLICATION. UH, THAT IS ALWAYS A POSSIBILITY. UH, BUT AGAIN, AT, AT THIS TIME WE JUST, WE, WE CANNOT ISSUE A PERMIT TO THAT PROPERTY. JUST ALSO FOR THE BENEFIT OF THE BOARD, WE DON'T ISSUE PERMITS TO VACANT LOTS. UH, WE'VE, WE'VE RECEIVED A NUMBER OF THOSE APPLICATIONS IN THE PAST AND WE'VE HAD TO DENY THOSE. THE DEFINITION, DEFINITION OF A SHORT-TERM RENTAL IS A COMPLETE LIVING FACILITY, INCLUDING A SLEEPING AREA, A BATHROOM, AND A KITCHEN. WHETHER IT'S VACANT OR INCOMPLETED. THIS PROPERTY DOES NOT HAVE ANY OF THOSE THREE MANNA. ONE MORE QUESTION THEN. SO THEN, UM, SO SHOULD IT BE THE CASE THAT SOMEBODY DOES APPLY ON THIS BLOCK, THEN THEY CAN COME BACK AND APPLY FOR A VARIANCE? UM, IF THEY WISH TO HAVE, SO, OKAY. JUST WANTED TO CLARIFY THAT AS WELL. THANK YOU. UH, SO QUESTION ALSO, UM, IF, SO, IF WE OVERTURN THE APPEAL, ARE WE, SO THE CITY CODE IS IN FOR THE SHORT, SHORT-TERM RENTAL IS WHAT YOU'RE SAYING? THE CITY'S KIND OF BASING THAT, UH, SO I RECALL WE HAD A COUPLE OF, UH, UM, MEETINGS AGO, AN ISSUE WHERE SOMEBODY WAS ASKING FOR A RENEWAL OF THE SHORT-TERM RENTAL AND IT WAS FOR A VACANT LOT. THE CONSTRUCTION WASN'T BEEN COMPLETED. WAS THAT CASE AN ERROR THEN? AND THAT WHEN THEY BROUGHT THAT BEFORE US, IT WAS, YEAH. SO THAT THE, THE PROPERTY FOR WHICH YOU'RE REFERRING WAS INITIALLY ISSUED A PERMIT, IT SHOULD NOT HAVE BEEN ISSUED A PERMIT. UH, WE CORRECTED, UH, THAT ERROR WHEN WE DISCOVERED IT. UM, THE IMPACT, SHOULD THE BOARD OVERTURN THE DECISION, I THINK THAT WE WOULD HAVE TO COORDINATE WITH OUR CITY ATTORNEY'S OFFICE TO FIGURE OUT WHAT THE IMPACT OF THAT WOULD BE. UH, CERTAINLY IT WOULD BE A BREAK FROM WHAT, WHAT SHOULD ALWAYS HAVE BEEN THE PRACTICE THAT IF YOU FAIL TO MEET THE DEFINITION OF A SHORT-TERM RENTAL, YOU CANNOT GET A SHORT-TERM RENTAL PERMIT THAT THAT IS THE CODE. RIGHT. SO THE APPLICANT WOULD'VE SEEN THAT EXACT DEFINITION IN THE CODE WHEN SHE WAS APPLYING FOR THE SHORT-TERM RENTAL LICENSE? YES. SO THAT IS INCLUDED. UM, IT SAYS A SHORT-TERM RENTAL IS A PROPERTY THAT RENTS OUT ALL OR A PORTION OF A RESIDENTIAL DWELLING UNIT, AND IT GOES ON FROM THERE. TO BE CONSIDERED A DWELLING UNIT, YOU HAVE TO HAVE COMPLETE FACILITIES. YOU CAN'T HAVE A VACANT STRUCTURE. YOU CAN'T HAVE A STRUCTURE HALFWAY THROUGH A RENOVATION. OKAY. THANK YOU. UM, LET'S SEE. OR ORIAN, YEAH. SO MY QUESTION FOR STAFF IS THAT IF THEY WERE JUST GETTING, UH, A TRAIT PERMITS THAT WOULDN'T TAKE AWAY A C O THIS, THIS IS ONLY HAPPENING BECAUSE THEY'RE DOING A MAJOR RENOVATION, CORRECT? CORRECT. YEAH. SO IF, IF WE HAD ISSUED A PERMIT AND THEY CAME IN AND PULLED AN ELECTRICAL PERMIT TO REDO AN ELECTRICAL BOT, WE WOULDN'T REVOKE THEIR PERMIT. THAT'S ACTIVE MAIN MAINTENANCE OF A STRUCTURE. THE REASON THIS PERMIT IS DENIED IS BECAUSE IT WAS A COMPLETE AND TOTAL REMODEL. I THINK YOU SAW IN THE PICTURES THERE, IT WAS COMPLETELY GUTTED AND THERE'S A LOT OF WORK GOING ON, AND CERTAINLY NOT SOMETHING THAT WE CAN SAY IS DEEMED FIT FOR OCCUPANCY AT THIS POINT IN TIME. IS THERE ANY NOTIFICATION REQUIREMENT, UH, FOR THIS, UM, APPEAL OR LIKE YEAH, SO WE, LIKE ANY VARIANCE THAT YOU ALL CONSIDER, WE MAIL PROPERTY OWNERS WITHIN 200 FEET, THAT'S REQUIRED BY STATE LAW. UH, WE MAILED 26 NOTICES. WE HAD NONE RETURNED IN FAVOR, ONE IN OPPOSITION. UM, AND THEN WE HAD NO COMMENT FROM THE GOVERNMENT HILL NEIGHBORHOOD ASSOCIATION. OKAY, THANK YOU. ANY OTHER SOON GO, UH, THIS GO. HAS THERE BEEN ANY TRANSACTIONS OF MONEY FROM THAT TIME TO NOW FOR HOTEL TAX OR WHAT? NO, IT, IT DOES NOT APPEAR THAT THE PROPERTY IS BEING ACTIVELY RENTED DURING THIS RENOVATION? NO. UM, OKAY. AGAIN, WE, WE WERE NOT ABLE TO FIND ANY HISTORY OF VIOLATIONS ON THE PROPERTY. I DON'T SEE ANY CODE ENFORCEMENT CASES. UM, BUT AGAIN, IT HAS BEEN, THE PERMIT WAS PULLED BACK IN NOVEMBER. LET ME GET THE DATE. NOVEMBER 9TH, 2021, THE PERMIT WAS PULLED. BRAGMAN MS. BRAGMAN, UM, ONE MORE QUESTION SINCE, AND THIS MAY BE A LITTLE BIT OF A TANGENT, BUT ARE THEY STILL FILING HOT REPORTS MONTHLY? UH, I WOULD HAVE TO TAKE A LOOK TO SEE IF THEY'RE FILING, BUT AT THIS POINT IN TIME, WE'VE, WE'VE DENIED THE PERMIT, SO THERE WOULDN'T BE ANYTHING TO REPORT FOR JANUARY, FEBRUARY BECAUSE THE PERMIT HASN'T BEEN ADDED. BUT PRIOR TO THAT, I CAN TAKE A LOOK REAL QUICK. WE CAN GET YOU AN ANSWER. YEAH. I THINK YOU'RE REFERRING SPECIFICALLY TO THE REQUIREMENT THAT EVEN IF YOU'RE NOT GENERATING ANY REVENUE, YOU STILL HAVE TO REPORT ZEROS TO THE FINANCE DEPARTMENT. WE CAN DOUBLE CHECK THAT. THANK YOU. ANY OTHER QUESTIONS FOR STAFF HEARING NONE ASKED? UH, ONE QUICK QUESTION. UH, YEAH, ONE QUICK QUESTION. UM, IS THIS IS IF SOMEBODY ELSE DOES A MAJOR REMODEL, IS IT THE, IS THE STAFF TO PULL A PERMIT? IS THAT WHAT THE CURRENT, UH, PROCESS IS? SO, [00:15:01] I MEAN, GENERALLY WHAT SHOULD HAVE HAPPENED IS THE PERMIT SHOULD HAVE BEEN NULLIFIED AT THE POINT THAT THE PROPERTY WAS NO LONGER MEETING THE DEFINITION OF A SHORT-TERM RENTAL. YOU KNOW, WE HAVE PROCESSES TO AUDIT WHEN PROPERTIES ARE TRANSACTED. YOU KNOW, IF I OWN A PROPERTY WITH A PERMIT AND I SELL IT, WE AUDIT THOSE MONTHLY TO CANCEL THOSE PERMITS. UH, WE AUDIT MONTHLY, YOU KNOW, PROPERTIES THAT ARE HOTEL OCCUPANCY, TAX DELINQUENT TO REVOKE THOSE, I THINK IT, YOU KNOW, WOULD TAKE A LITTLE DOING TO GENERATE A REPORT THAT TELLS US EVERY TIME SOMEONE PULLS A MAJOR PERMIT TO SEE HOW MANY WE NEED TO BE REVOKING. UH, BUT THAT'S SOMETHING THAT WE COULD LOOK INTO MOVING FORWARD. AND, AND JUST AS AN ASIDE, UM, YOU KNOW, WHEN YOU'RE, WHEN YOU'RE A TYPE TWO AND YOU'RE, AND YOU APPLY FOR A MAJOR PERMIT, UH, YOU, YOU ALSO HAVE TO GET A T D L R ID NUMBER, WHICH IS SOMETHING THAT IS RELATIVELY NEW THAT THE CITY MAY WANT TO PUT ON THE RADAR TOO. OKAY. THANK YOU. THANK YOU. ANY OTHER QUESTIONS FOR STAFF? YEAH, JUST STIFF, UH, I'M LOOKING AT THE FORMER PICTURES, UH, OF THIS, IT DIDN'T LOOK HABITABLE BACK BEFORE WE DID THAT. DO YOU EVEN CARE IF A BUILDING IS HABITABLE PRIOR TO GIVING THEM, YOU GAVE THEM A PERMIT IN 2020? YEAH, CERTAINLY THAT, THAT WOULD BE PART OF, SO WHEN WE GET AN APPLICATION, WE HAVE TO CONFIRM THAT IT MEETS THE, UH, THE DEFINITION OF A SHORT-TERM RENTAL. IS IT PROVIDING A KITCHEN, UH, BATHROOM SLEEPING FACILITIES? ARE THEY PROVIDING THE REQUISITE OFF STREET PARKING? CERTAINLY WHEN WE LOOK AT THIS STRUCTURE, WHAT, WHAT INITIALLY CAUGHT OUR ATTENTION IS WHEN SOMEONE SUBMITS A A, THE EXHIBIT SHOWING THE LOCATION OF PARKING. WE TRY TO GO TO GOOGLE MAPS, WE CONFIRM, OKAY, IS THAT AN ACTUAL PARKING SPACE? WE WANNA MAKE SURE THEY'RE NOT PARKING ON THE YARD. AND WE PULLED UP THE GOOGLE MAPS IMAGE. IT WAS VERY CLEAR THAT THIS WAS UNDER CONSTRUCTION. UH, THE PICTURE AT THE TIME DIDN'T EVEN HAVE WINDOWS, WHICH KIND OF LED US HERE IN THE FIRST PLACE. SO YEAH. BUT YOU GAVE THEM ON 2020. MM-HMM. COMMISSIONER, CAN YOU USE YOUR MICROPHONE PLEASE? UH, YOU, YOU ISSUED A PERMIT IN 2020 AND THE BUILDING DOESN'T LOOK MUCH BETTER THAN IT DOES TODAY. SO I, I THINK WHAT, FOR THE PURPOSES OF OUR REVIEW, WE WERE TASKED WITH REVIEWING THE RENEWAL APPLICATION AND ENSURING THAT THAT MET THE REQUIREMENTS OF THE CODE. I WOULD HAVE TO GO BACK AND FIND WHO REVIEWED THE PERMIT IN 2020 AND IF THEY ASKED ALL THE, ALL THE QUESTIONS, UH, BUT CERTAINLY THAT CAUGHT OUR ATTENTION, KIND OF HELD THIS ONE TO A LITTLE EXTRA SCRUTINY. BRAGMAN, THANK YOU, MS. BRIGMAN. AND THERE IS NO INSPECTION PROCESS WHEN SOMEBODY APPLIES FOR A SHORT-TERM RENTAL PERMIT. NOT FOR A SHORT TERM RENTAL, CERTAINLY WHEN THEY APPLY FOR A REMODEL PERMIT, BUT YEAH, WE, WE DO NOT GO OUT INTO EVERY SHORT-TERM RENTAL AND INSPECT THOSE KIND OF, THE, THE FOUNDATION OF THE CITY'S SHORT-TERM RENTAL, UH, ORDINANCE IS A SELF-CERTIFICATION, UH, MODEL. WE'RE SELF-CERTIFY THAT WE UNDERSTAND THE ORDINANCE, WE UNDERSTAND THE RULES. THEY CERTAINLY HAVE TO PROVIDE US INFORMATION THAT WE'LL CHECK, YOU KNOW, WE WANNA SEE A FLOOR PLAN WHERE YOU PROVIDING THAT OFF STREET PARKING. UH, BUT A LOT OF IT IS SELF-CERTIFICATION BASED. THANK YOU. UH, LET'S, ANY OTHER QUESTIONS HEARING NOT AT SE APPLICANT TO PLEASE COME FORWARD AND LET'S, UH, DO YOUR PRESENTATION. PLEASE STATE YOUR NAME FOR THE RECORD. HI, I'M LAUREN SNYDER, THE PROPERTY OWNER. UM, I DID PRESENT, OR I DID PUT TOGETHER A POWERPOINT AS WELL, IF YOU COULD GO AHEAD AND BRING THAT UP. SO TODAY I'M PRESENTING, UM, CASE NUMBER BO A 2 3 1 0 3 0 0 0 3 8 ON 2 0 1 EAST CARSON. UM, I THINK IT'S IMPORTANT TO NOTE THAT THE PROPERTY WAS PURCHASED IN JANUARY OF 2020. WE OBTAINED THE SHORT-TERM RENTAL PERMIT IN JANUARY OF 2020 AS WELL. AND THE, AND THEN, AND THEN COVID HAPPENED, UM, MARCH 20 20TH. DURING THAT TIME, WE SAW BUILDING MATERIALS, UM, THEY REALLY INCREASED AS WELL AS THE LABOR. IT BECAME REALLY HARD TO FIND AS WELL AS UNAVAILABLE. AND THEN, UH, WE ALSO APPLIED FOR THE CONSTRUCTION PERMITS JULY, 2021 WHEN THE MARKET HAD STABILIZED FROM, UM, AS YOU CAN SEE FROM, FROM THE PHOTOS, THE, UH, PROPERTY WAS PREVIOUSLY ABANDONED AND NEGLECTED FOR DECADES BY THE PREVIOUS OWNER. UM, AND THEN CONSTRUCTION COST INCREASES AND LABOR AVAILABILITY ISSUES ALSO BECAME HARD BECAUSE OF COVID. DURING THAT TIME, WE DID GET, UM, THE RENOVATION BUDGET AND IT WENT FROM 225,000, UM, ALL THE WAY UP TO 397,000 ON THIS PROPERTY. UM, WHENEVER I WENT TO GO AND TRY TO GET THE PERMITS OPENED, UM, THEY WERE NOT IMMEDIATELY GRANTED. UH, THE PROPERTY WAS PREVIOUSLY A DUPLEX, BUT IT WAS NOT ZONED PROPERLY. THE PROPERTY DID HAVE, UH, OR IT DOES HAVE TWO ELECTRICAL METERS AS WELL AS TWO GAS METERS ON SITE. UM, AND SO THEY DID REQUIRE ME TO GET THE NON-CONFORMING USE [00:20:01] TO HAVE IT, YOU KNOW, SHOW AS TWO UNITS. UM, SO WE DID SECURE THAT AS WELL. SO WHEN WE APPLIED FOR THE, THE, UH, THE, THE PERMITS AS WELL, THE CITY, THEY REQUIRED US TO GET THE PROPERTY REPLANTED. UM, WE DON'T, WE DIDN'T THINK THAT A REPL WAS NECESSARY BECAUSE WE WEREN'T TEARING IT DOWN OR CHANGING THE FOOTPRINT. UM, BUT WE DID AGREE TO DO THAT AND WE PAID $14,000. UM, DURING THE REPL, THE CITY AND C P S MADE REQUESTS THAT TOOK TIME TO WORK THROUGH. UM, SO THE CITY FIRST, THEY REQUESTED A 15 FOOT RIGHT OF WAY ON THE TWO SIDES BEING CARSON AND HACKBERRY. SO WE DID WORK, WE DID WORK THROUGH THIS ISSUE, AND THEN WE DETERMINED THAT IT WAS NOT FEASIBLE OR NECESSARY. AND THEN C P S ALSO REQUESTED 10 FOOT EASEMENT ON HACKBERRY AND THEN 15 FOOT EASEMENT ON, ON CARSON. THEY DETERMINED THAT THE 10 FOOT EASEMENT ON HACKBERRY WAS NOT NECESSARY AND IN TOX. AND THEN WE'RE ALSO IN INTOX TO REDUCE THE CARSON EASEMENT TO FIVE FOOT TO MATCH OUR NEIGHBORS. SO AS YOU CAN SEE FROM THIS PHOTOS, UM, THE PORCH WAS KIND OF CAVING IN. UM, IN JULY, 2021, A STORM CAME THROUGH, THE FRONT PATIO DID COLLAPSE ON US. THE B S B DID GIVE US NOTICE THAT IT WAS DANGEROUS, AND I HAD CONTRACTORS OUT THERE WITHIN 24 HOURS TO GO AHEAD AND ADD THOSE SUPPORTS AND BRACES. UM, AND THAT WAS NOT INCLUDED OR COVERED BY MY CONSTRUCTION LOAN. SO THIS IS JUST KIND OF A BREAKDOWN OF THE RENOVATION. IT'S PRETTY EXTENSIVE. UM, I MEAN, WE'RE DOING 397,000 OF WORK TO INCLUDE THE FOUNDATION, THE ROOF, THE HVAC, THE FRAMING, ELECTRICAL, PLUMBING FLOORS, WINDOWS, INTERIOR FINISHES, AND EVERYTHING ELSE JUST TO BRING IT UP TO CODE AND SAFE AND TO MAKE THE NEIGHBORHOOD BEAUTIFUL. UM, ALSO I THINK IT'S IMPORTANT TO NOTE ON THE PREVIOUS, I ATTACHED THE ESTIMATE OF ALL THE RENOVATIONS BEING DONE ALONG WITH THE LOAN THAT THE BANK DID GIVE ME TO BE ABLE TO BRING THIS PROPERTY, UM, UP TO CODE AND MAKE IT HABITABLE. UM, THE CITY, THEY DID REQUIRE A NEW CONSTRUCTION PERMIT DUE TO THE EXTENSIVE, UM, AMOUNT OF WORK THAT'S BEING DONE. UM, AND WE'VE FOLLOWED EVERY SINGLE CITY REQUIREMENT. WE'VE PULLED EVERY SINGLE PERMIT, AND WE'VE COMPLIED WITH EVERY REQUEST, UM, THAT THEY HAVE ASKED US TO DO, INCLUDING THE REPL. UM, CONSTRUCTION IS ESTIMATED TO COMPLETE IN SEPTEMBER, 2023. UNIT ONE, WHICH IS THE BOTTOM ONE, WILL BE IMMEDIATELY PLACED INTO SERVICE AS A SHORT-TERM RENTAL. AND THEN NUMBER TWO, WHICH IS THE UPSTAIRS UNIT, IT WILL BE A LONG-TERM RENT. SO FROM THE PARKING, UM, WE HAVE PLANNED ADEQUATE ONSITE PARKING FOR, FOR BOTH UNITS, TWO SPOTS FOR EACH UNIT, UM, IN THE BACKYARD. AND WE ALREADY DO HAVE THAT DRIVEWAY APPROACH THERE. UM, SO WE DO HAVE SUPPORT FROM THE NEIGHBORHOOD. I'VE, UM, GONE DOOR KNOCKING. I'VE GOTTEN SEVEN SIGNATURES FROM ADJACENT NEIGHBORS. I'VE ALSO SAT DOWN AND DISCUSSED THIS WITH MS. ROSE HILL, THE, UH, GOVERNMENT HILL NEIGHBORHOOD ASSOCIATION PRESIDENT, AS WELL AS A LETTER OF SUPPORT FROM HER. SO TODAY I CAME HERE TO ASK, UH, FOR MY SHORT-TERM RENTAL PERMIT TO BE EXTENDED THROUGH SEPTEMBER, 2023, JUST TO GIMME SOME MORE TIME TO COMPLETE THE RENOVATIONS AND THEN I CAN PLACE THE PROPERTY INTO SERVICE. THANK YOU FOR LISTENING. THANK YOU. THANK YOU, MS. UH, STEINER. LET'S SEE IF WE HAVE ANY QUESTIONS FROM THE BOARD. YEAH, ORIAN, MR. ORIAN, UH, FOR THE APPLICANT? YEAH, FOR THE APPLICANT. UH, WHEN THIS, I'M, I'M GETTING THE IMPRESSION THAT WHEN THE PERMIT WAS ORIGINALLY GRANTED, THIS, THIS PLACE WAS IN DIRE NEED OF REPAIR, IS THAT CORRECT? UM, I DID PERFORM A HOME INSPECTION ON THE PROPERTY. UM, IT WAS DATED. IT DIDN'T LOOK VERY BEAUTIFUL FROM THE PHOTOS, BUT SOME OF THE MAIN THINGS WERE WORKING AND I'VE HAD C P S AND WATER BILLS ON THE PROPERTY SINCE I'VE OWNED IT AS WELL. SO IT DIDN'T, IT DIDN'T, IT WAS AN OCCUPIABLE STRUCTURE WHEN THE PERMIT WAS ORIGINALLY GRANTED, IN MY OPINION, IT'S NOT OCCUPIABLE AT THAT POINT. UH, WHEN IT WAS, IT WAS ORIGINALLY GRANTED IN 2020. I MEAN, YOU, YOU, I MEAN, NO. SO THE SAME CONDITION TODAY. THANK YOU. IT'S THE SAME CONDITION WHEN YOU PURCHASED IT, WHICH WAS NON OCCUPIABLE. MY MY QUESTION IS, UM, SO WHEN YOU SECURED THAT ORIGINAL SHORT-TERM RENTAL LICENSE, THAT WAS KIND OF LIKE YOUR, YOUR GO-KART TO GET THE RENOVATIONS OF THE PROJECT GOING FORWARD, RIGHT? THINKING THAT YOU WOULD ALWAYS HAVE THE SHORT TERM RENTAL? YES, SIR. SO WOULD THE HARDSHIP BE THAT IF IT WAS REVOKED, I MEAN, DO YOU WANNA TELL US YOUR HARDSHIP THEN? IF IT WAS, IT WOULD BE REVOKED? ABSOLUTELY. SO THERE'S ABOUT NINE STRUCTURES ON THAT SIDE OF THE STREET ON EAST CARSON. AND SO WITH THE NINE, UM, HOUSES, OBVIOUSLY I'VE HIT THAT 12.5% DENSITY COUNT. SO I AM THE ONLY PERMIT HOLDER ON THAT BLOCK FACE TO HOLD THE PERMIT. UM, THE HARDSHIP IS, I BOUGHT THIS PROPERTY FOR, YOU KNOW, SUBSTANTIAL AMOUNT OF MONEY. UM, MY RENOVATION COST HAS ALMOST, YOU KNOW, DOUBLED. SO FOR ME TO DO IT AS A LONG-TERM RENTAL ON BOTH UNITS, I'M, I'M NOT RECOUPING MY MONEY. IT'S, IT'S A LOSS AT THAT POINT. AND YOUR CONFIDENCE WAS BECAUSE YOU HAD THE SHORT-TERM LICENSE ORIGINALLY, RIGHT? YES, SIR. SO NOW WE'RE SEEKING THE RENEWAL JUST TO CONTINUE ON WITH YOUR INVESTMENT PLAN FOR THE PROPERTY. CORRECT. OKAY. LET'S, ANY OTHER QUESTIONS FOR THE APPLICANT? YES, [00:25:01] MR. ZUNIGA, DID THEY EVER GIVE YOU A REASON WHY YOU HAD A REPL? WHAT WAS THE REASON? SO, THAT'S A GREAT QUESTION. UM, I'VE TALKED TO LIKE FOUR PEOPLE AND THEY ALL NOTED THAT IT WAS REQUIRED BECAUSE ON THE PROPERTY DESCRIPTION IT WAS LIKE SOUTH OF 100. AND THEY WERE SAYING THAT BACK IN THE DAYS, UM, THAT THAT PARCEL OF LAND HAD BEEN CUT UP FOUR TIMES. AND SO THAT'S WHY THEY HAD REQUIRED ME TO DO THAT AGAIN. I HAPPILY DID IT AND PAID THE 14,000 TO THE CIVIL ENGINEER AND WE PUSHED FORWARD. UH, QUESTION KAPLAN? YES, MS. KAPLAN. OH, OKAY. SO THIS IS FOR THE CA UH, THE CITY, UM, IF YOU, AND YOU'RE SAYING THAT THE CONSTRUCTION SHOULD BE COMPLETE BY SEPTEMBER? THIS SEPTEMBER? YES, MA'AM. UM, AND THEY DID REQUIRE ME TO GET A NEW CONSTRUCTION PERMIT. AND SO I'M ALSO WORKING WITH RICARDO TO WORK THROUGH THAT FOR THE CITY. THEN YOU SPEAK UP. YEAH, I THOUGHT I AM SORRY, UH, FOR THE CITY THEN, UH, AT WHAT POINT DID SHE HAVE TO WAIT? OKAY, SO THIS WAS OBVIOUSLY A MISTAKE TO OR HAVE ORIGINALLY GIVEN, GIVEN HER THE SHORT-TERM RENTAL PERMIT SINCE IT WASN'T A HABITABLE PROPERTY WHEN THE ORIGINAL PERMIT WAS GIVEN. OKAY, SO TWO THINGS. ONE IS AT WHAT POINT COULD SHE ACTUALLY REAPPLY FOR THIS? UM, COULD IT BE BEFORE SHE RECEIVES THE FINAL APPROVALS? IS IT, COULD IT BE LIKE 90% HABITABLE? UM, OR DOES IT HAVE TO BE A HUNDRED PERCENT? UM, AND TWO, WHAT DID YOU SAY WOULD BE THE PROBLEM IF WE ESTABLISHED A PRECEDENT OF DOING THIS? SO AS FAR, SO LET ME TACKLE THE FIRST QUESTION. SO THE FIRST QUESTION WAS, AT WHAT POINT IN TIME CAN THEY REAPPLY AND BE CONSIDERED VALID FOR THE PURPOSE OF A SHORT-TERM RENTAL? THAT IS AFTER THE RENOVATION HAS COMPLETED ITS FINAL INSPECTION. SO ONCE THE CITY HAS DEEMED THE STRUCTURE FIT FOR HABITATION, IT IS ELIGIBLE TO BE SUBMITTED FOR CONSIDERATION AS A SHORT-TERM RENTAL MEANS SHE HAS, UH, RECEIVED THE, UH, THE CERTIFICATE OF OCCUPANCY OR OKAY. SO SHE HAS TO HAVE RECEIVED IT. OKAY. IT WAS, YEAH. AND FOR, FOR THE PURPOSE OF A RESIDENTIAL STRUCTURE LIKE THIS, YOU WON'T GET AN ACTUAL C F O TO POST INSIDE THE HOME. IT'LL JUST BE A PASS ON THE FINAL INSPECTION. AND OUR, OUR REVIEWERS HAVE ACCESS TO THAT. SO THERE'S NO, YOU KNOW, WE CAN, WE CAN LOOK THAT INFORMATION UP. UM, CAN YOU REPEAT THE SECOND QUESTION? YOU MENTIONED THAT THERE WOULD BE A PROBLEM WITH SETTING A PRECEDENT ABOUT, UH, IF, IF WE GAVE THE VARIANCE. YEAH, I THINK OUR CONCERN IS THE, THE SHORT-TERM RENTAL ORDINANCE IS CLEAR THAT TO QUALIFY AS A SHORT-TERM RENTAL, YOU HAVE TO HAVE A COMPLETE LIVING FACILITY TO INCLUDE A BATHROOM, KITCHEN, AND SLEEPING AREA. AND IT'S OF COURSE, IMPLIED THAT THE BATHROOM WORKS, THE KITCHEN WORKS, THE SLEEPING AREA HAS WALLS AND WINDOWS. SO WE WOULD BE CONCERNED, UH, IF WE ARE BEING DIRECTED BY THE BOARD TO ISSUE A PERMIT TO A STRUCTURE THAT HAS NOT BEEN DEEMED FIT FOR HABITATION. ALRIGHT. AND I APPRECIATE THAT. BUT THEN EVERY CASE STAND ON, ON, ON ITS OWN AND EVERY CASE IS NOT SETTING PRECEDENT. AND THIS DOES NOT TAKE INTO CONSIDERATION THE CITY'S INITIAL ERROR IN ISSUING THE SHORT-TERM RENTAL, UM, PERMIT TO BEGIN WITH. SO THAT, MY COMMENT WOULD BE THAT EVERY CASE STANDS ON ITS OWN AND THERE'S NO PRECEDENCE THAT WE SET, UH, WITH, WITH DECISIONS WE MAKE HERE ON THE BOARD. MANAM ORIAN, MR. ORIAN, AND THEN MR. MANNA. OKAY. SO, UH, FOR THE APPLICANT, IT, IT, IT, THE INITIAL APPLICATION WAS, UH, UH, IN JANUARY 30TH, BUT THE DEEDED WHERE Y'ALL BOUGHT IT WAS JANUARY 31ST. SO IT LOOKS LIKE TO ME THAT THIS, THE PURCHASE OF THIS PROPERTY FROM THE SANCHEZ AS A PREVIOUS OWNER, WAS SOLELY TO PUT THIS IN MOTION AS A SHORT-TERM RENTAL TYPE TWO. IS THAT CORRECT? YES, SIR. THAT'S CORRECT. AND THEN YOU APPLIED A, A, A APPLICATION WAS DONE AND A PERMIT WAS ISSUED. DID YOU ATTEMPT TO RENT IT OUT BETWEEN THE MOMENT YOU PURCHASED IT AND THEN THE MOMENT YOU APPLIED FOR THE MAJOR RENOVATION? WAS THERE ANY RENTALS THAT HAPPENED? NO, SIR. AND, UM, I DID GET THE SHORT-TERM RENTAL PERMIT, UM, IN JANUARY. I, UM, I HAVE FILED IT NOT TO BE IN SERVICE AND I HAVE MAINTAINED RECORDS WITH THE CITY TO STATE THAT I HAVE NOT MADE ANY MONEY DURING THAT TIME. OKAY. IN JANUARY, 2020. SO IT LOOKS, SO I JUST WANTED JUST TO VERIFY THAT FROM WHAT I'M SEEING HERE IS, IS THAT, YOU KNOW, THIS IS, THESE ST ARE RELATIVELY NEW. I KNOW THAT THE, UH, THEY, THEY GET BETTER AND BETTER AS FAR AS OVERSIGHT AND PERMITTING, BUT, BUT YOU KNOW, YOU SPENT SOME MONEY BUYING THIS THING AND I THINK THAT, I JUST WANTED TO MAKE SURE THAT THAT'S WHAT HAPPENED, THAT THIS WAS THE, IN COMPLETE INTENT WAS TO PUT IT IN MOTION AS A TYPE TWO, AND THEN ONCE YOU PURCHASE IT, YOU'RE JUST DOING RENOVATION WORK, BUT YOU NEED TO JUST SECURE THE PERMIT JUST, JUST FOR THE FINANCES TO MOVE FORWARD. THAT'S JUST ONE I'M SEEING. YES, THAT IS CORRECT. THAT ONE VERIFICATION. THANK YOU, MS, MAAM. ALRIGHT, THANK YOU. SO, UM, LET'S SEE HERE. SO THE QUESTION FOR THE CITY HERE, SO THE QUESTION FOR THE CITY IS, UM, YOU WERE TALKING ABOUT, UH, A CERTIFICATE OF OCCUPANCY AND THE REQUIREMENT BEING, [00:30:01] UM, VERSUS, UH, THE PERMIT BEING CLOSED. 'CAUSE ONE WOULD ASK, COULD I DO SEVERAL THINGS IN THE HOME AND I'M LEAVING THE BACK WINDOW UNDONE, SO I'M NOT READY TO HAVE IT FINALLY CERTIFIED. BUT I HAVE THOSE THREE THINGS THAT YOU MENTIONED COMPLETE THE KITCHEN, THE BATHROOMS, AND A BEDROOM. UH, WOULD THAT BE, UM, CONSIDERED LIVABLE AT THAT POINT AND THEN, AND THEN ALLOWING FOR THE REST OF THE, UH, THE CONSTRUCTION TO CONTINUE? I THINK IT WOULD BE BASED UPON THE SCOPE OF THE INITIAL PERMIT AND HOW IT WAS SUBMITTED, WHETHER OR NOT IT RECEIVED ITS FINAL APPROVAL. BUT CERTAINLY WE HAVE ACCESS IN OUR PERMITTING SYSTEM TO KNOW IF A CITY INSPECTOR HAS DEEMED THAT STRUCTURE FIT FOR HABITATION. SO IF I HEARD CORRECTLY, SO IF IT'S DEEMED FIT FOR HABITATION, UH, BUT NOT QUITE FINISHED, UH, WITH REGARDS TO THE PERMIT, THEN THEN YOU WOULD CONSIDER IT ON A DIFFERENT TERM. SO, SO FOR INSTANCE, IF THE CITY INSPECTOR WENT OUT THERE AND THE INITIAL PERMIT INCLUDED A DETACHED DECK AND THE HOUSE WAS DONE AND THE CITY INSPECTOR BUILDING INSPECTOR SAID THE HOUSE IS GOOD TO GO, WE'LL COME BACK AND WE'LL CHECK ON THE DETACHED PATIO. WE WOULD NOT HOLD UP A SHORT-TERM RENTAL BECAUSE OF A DETACHED PATIO OR DECK OR WHATEVER IT WAS. COMMISSIONER, THIS IS MELISSA RAMIREZ, ASSISTANT DIRECTOR. THE CONCERN IS, IS MAKING SURE THAT THE, UM, THAT THE STRUCTURE IS SAFE. SO WE'RE LOOKING FOR THOSE SAFETY MEASURES. UM, IF THERE ARE SOME ISSUES THAT STILL NEED TO BE ADDRESSED, BUT THEY ARE MINOR, UH, WE CAN, CAN ISSUE A CONDITIONAL APPROVAL. UH, BUT THERE WILL BE SOME, UM, DEPENDING UPON WHAT THOSE ARE IS WHAT, WHAT THE CONCERN IS. SO COMMITTING TO THAT TODAY IS DIFFICULT. ORIAN, I'M SORRY, MS. BRIGMAN AND THEN MR. ORIAN, OH, I APOLOGIZE, THIS IS FOR STAFF. UM, SO YOU SAID THAT IT WAS IMPLIED, UM, IN THE CODE THAT IT WAS HABITABLE IF IT HAD A BEDROOM, BATHROOM, KITCHEN, ET CETERA. FROM THE APPLICANT PERSPECTIVE, DOES THE APPLICATION SAY SPECIFICALLY HABITABLE OR JUST THAT THERE IS A KITCHEN, A BEDROOM, A BATHROOM? SO THE CODE MAY SAY ONE THING, BUT WHAT DOES THE APPLICATION SAY? A YEAH, YEAH. SO WE HAVE A COUPLE DIFFERENT THINGS IN PLAY. SO TO START, WE HAVE THE DEFINITION OF A SHORT-TERM RENTAL BEING A DWELLING UNIT. DWELLING UNIT REQUIRES THAT IT BE PERMITTED, INSPECTED PAST INSPECTION TO BE A UNIT. OTHERWISE IT'S ILLEGAL. UH, IT HAS TO HAVE COMPLETE COOKING. I BELIEVE IT SAYS COOKING BATHROOM AND SLEEPING FACILITIES. AND WE SHOULD NOT INTERPRET THE SHORT-TERM RENTAL ORDINANCE BY VIRTUE OF NOT SPECIFICALLY SAYING THAT IT HAS TO BE HABITABLE AS SOMEHOW OVERRIDING THE SAN ANTONIO PROPERTY MAINTENANCE CODE. THE PROPERTY MAINTENANCE CODE APPLIES TO SHORT-TERM RENTAL PROPERTIES JUST AS IT WOULD ANY OTHER SINGLE FAMILY PROPERTY. YOU HAVE TO HOLD THE STRUCTURE INTO CERTAIN, UH, STANDARDS OF MAINTENANCE, UH, TO BE CONSIDERED LEGAL AND OCCUPIABLE. UH, I DID WANNA POINT OUT, I KNOW THERE WAS A QUESTION EARLIER. WE DID CONFIRM THAT ALL OF THE HOTEL OCCUPANCY TAX, UH, HAS BEEN REPORTED AS ZERO EARNINGS AS WELL. SO AGAIN, THIS IS NOT TO IMPLY IN ANY WAY WHATSOEVER THAT RULES ARE BEING BROKEN. UM, WHEN WE FIND AN ERROR, AND IF THE INITIAL PERMIT WAS SUBMITTED IN ERROR, IT'S OUR JOB NOT TO PERPETUATE THAT, BUT TO CORRECT IT. UM, AND CERTAINLY AT SUCH TIME THAT THE PROPERTY IS DEEMED HABITABLE, WE CAN CONSIDER AN APPLICATION AND IF IT MEETS THE REQUIREMENTS, WE WOULD ISSUE THE TYPE TWO PERMIT. BUT FROM THE STANDPOINT OF THE APPLICANT THAT THAT MAY BE THE CODE, WHAT ARE THEY PROVIDED WHEN THEY'RE APPLYING FOR THE SHORT TERM RENTAL? DOES, DOES, DOES IT GIVE A COPY OF THE CODE OR IS THERE SOME DERIVATION THAT YOU KNOW, SAYS THIS, THIS AND THIS AND, AND DOES IT THEN POINT OUT TO THEM THAT YOU KNOW, IT'S GOTTA BE HABITABLE OR WHATEVER THE LANGUAGE IS THAT WOULD, YOU KNOW, CONVEY TO THEM. SO IT IT NOT JUST, YOU HAVE TO HAVE THESE THINGS, BUT THEY NEED TO FUNCTION. SO, SO NOT ONLY IS THE SHORT-TERM RENTAL ORDINANCE, INCLUDING ALL THE DEFINITIONS AVAILABLE ONLINE, BUT AS PART OF THE APPLICATION, YOU HAVE TO SELF-CERTIFY THAT YOU'VE READ AND UNDERSTAND THAT ORDINANCE. SO I KNOW THAT WAS A QUESTION EARLIER. WE DON'T DO PROACTIVE INSPECTIONS AND THE FOUNDATION OF THE ORDINANCE IS SELF-CERTIFICATION BASED. SO THAT IS A REQUIREMENT AT THE TIME THAT THE APPLICATION IS SUBMITTED, WHETHER IT'S A NEW APPLICATION OR A RENEWAL. BUT IN THIS CASE, THE ORDINANCE OR THE SHORT TERM RENTAL LICENSE WAS GIVEN TO THE APPLICANT. AND SO, OKAY. SUN, YOU, MR. SO I, I THINK, UH, DONNELLEY, YEAH, JUST REALLY QUICK STAFF. CAN WE, CAN WE GIVE HIM A PERMIT FOR A YEAR? DOES IT HAVE TO BE THREE YEARS? CAN WE DO LIKE ONE YEAR? JUST TO GET HIM JUST OUTTA CURIOSITY, WHAT, WHAT IS BEFORE THE BOARD TODAY IS NOT A SPECIAL EXCEPTION. SO ORDINARILY THE BOARD WOULD BE CONSIDERING WHETHER TO GRANT A ONE THROUGH THREE YEAR PERMIT. WHAT'S BEFORE [00:35:01] THE BOARD TODAY IS SIMPLY, DID STAFF MAKE THE CORRECT DECISION IN OUR ENFORCEMENT OF THE ORDINANCE? I KNOW THE APPLICANT, I KNOW THE APPLICANT REQUESTED AN EXTENSION, BUT WE HAVE NO MECHANISM IN CITY CODE TO EXTEND AN EXPIRED PERMIT. AND THEN, AND AS A FOLLOW UP, UH, IF THIS WERE TO GET DENIED AND SOMEONE ELSE, YOU KNOW, IN THE NEAR FUTURE IT GETS A THREE YEAR PERMIT AND THEY COME BACK FOR AN EXCEPTION TO GO OVER THAT, WOULD THIS BE SOMETHING THAT STAFF, UH, THIS EXPERIENCE THAT HAPPENED WITH THIS PARTICULAR ADDRESS, WOULD THAT BE SOMETHING THAT STAFF MAY USE TO POSSIBLY RECOMMEND APPROVAL? I, I WILL NOT COMMIT TO A POSITION AT THIS TIME. OKAY. BUT I, I CERTAINLY THINK THAT THAT WOULD CONSTITUTE A UNIQUE HARDSHIP. OKAY. THANK YOU VERY MUCH. MR. MANCHACA. UH, I THINK MR. LOGAN ANSWERED THE QUESTION 'CAUSE I WAS GONNA ASK HIM ON, UH, ANY KIND OF A CONDITIONAL APPROVAL, CONDITIONAL MEANING, UH, INCLUSION EXCLUSIONS WITH A TIME LIMIT, THERE'S NO SUCH THING IN THIS CASE. IS THAT WHAT YOU'RE SAYING, SIR? YEAH, THEY, THEY HAVE AS MUCH TIME AS IS NECESSARY TO SUBMIT AN APPLICATION. NO, I'M TALKING ABOUT CONDITIONAL APPROVAL. IF SHE, WE SHOULD GRANT A CONDITIONAL APPROVAL, THERE'RE NO SUCH THING, NO, NO CONDITIONAL APPROVALS WITH THE SHORT-TERM RENTAL ORDINANCE. I NEED CLARIFICATION. I I, I DO ALSO WANT TO OPEN UP JUST FOR THE APPLICANT'S BENEFIT AS WELL. I KNOW THERE WAS MENTION OF USING ONE STRUCTURE FOR A SHORT-TERM RENTAL AND ONE STRUCTURE AS A LONG-TERM RENTAL. THE SHORT-TERM RENTAL ORDINANCE SAYS THAT YOU ARE CONSIDERED A TYPE ONE PERMIT. SO MEANING YOU ARE NOT CAPPED TO ANY DENSITY WHATSOEVER IF THE OWNER OF THE PROPERTY LIVES ON SITE OR IF THE OPERATOR OF THE PROPERTY LIVES ON SITE. AND IN A WORST CASE SCENARIO, IF WE WERE TO HAVE A SUBSEQUENT APPLICATION COME IN BETWEEN NOW AND SEPTEMBER WHEN THAT APPLICATION IS DONE, WE HAVE HAD OTHER SIMILARLY SITUATED PROPERTY OWNERS HAVE THE LONG TERM TENANT OPERATE THE SHORT TERM RENTAL. THAT WOULD BE CONSIDERED A TYPE ONE S T R THAT IS NEVER SUBJECT TO A DENSITY LIMITATION. SO THAT WOULD BE AN OPTION, A SECOND OPTION OTHER THAN COMING BACK BEFORE THIS BOARD AS WELL. THANK YOU. THAT'S, THAT'S VERY HELPFUL. DID YOU UNDERSTAND THAT? COULD YOU PLEASE JUST KIND OF REPEAT THAT? I WANNA MAKE SURE I FULLY GOT THAT ONE. , YOU COULD POTENTIALLY ENLIST YOUR LONG-TERM TENANT AS THE OPERATOR OF THE SHORT-TERM RENTAL UNIT TO I CAN, I CAN TO GET A TYPE ONE I'M TYPE ONE. I UNDERSTAND. UM, COULD I PROPOSE AN IDEA? SURE. OKAY. SO IT'S, IT'S ESTIMATING TO BE ABOUT SIX MONTHS UNTIL I'M DONE WITH, YOU KNOW, CONSTRUCTION AND SO FORTH. UM, I WILL, I WILL KEEP THE, THE TYPE TWO PERMIT IN PLACE, YOU KNOW, KEEP FILING THE HOT TAXES TO REPORT ZERO. AND I WILL NOT RUN THAT AS A, AS A SHORT TERM RENTAL, BUT I THINK BY GRANTING ME THAT PERMIT, KEEPING IT AS IS IN PLACE, AND THEN THAT WOULD HELP ME OUT TO THEN WHENEVER ALL MY, MY, MY PERMITS ARE A HUNDRED PERCENT PASSED, THEN I COULD GO AHEAD AND OPERATE IT, TAKE PICTURES AND DO REPORTS AND SO FORTH. BUT I I, THERE'S ONLY SO MANY PROPERTIES ON THAT STREET, I, I REALLY DON'T WANNA TAKE THAT RISK OF HAVING ONE OF MY NEIGHBORS GO AND, AND OBTAIN THAT TYPE TWO PERMIT. UNDERSTOOD. UNFORTUNATELY, WHAT WE'RE IN FRONT OF US TODAY IS RATHER, UH, THE, THE APPEAL OF THE EXISTING, SO WE CAN EITHER GRANT THE APPEAL OR DENY THE APPEAL. I UNDERSTAND. SO THAT'S WHAT WE'RE LIMITED TO TODAY. UM, ANY OTHER QUESTIONS FOR THE APPLICANT? THAT'S THE STAFF, UH, LOGAN, WE, UH, WE CAN'T ASSURE HER LIKE SHE'S TALKING ABOUT OVER, UH, THAT, UH, WE'LL GIVE HER THE, THE SPECIAL PRE PRIVILEGE OF COMING BACK OR EXTENDING WHAT CAN'T BE, UH, OCCUPIED. IS THAT RIGHT? THERE'S NO ASSURANCE. SHE'S, SHE'S JUST GOING TO HAVE FOR, UH, SEMANTICS HERE. STAND IN LINE, RIGHT? YEAH, THERE, THERE'S NO WAY TODAY THAT I CAN GUARANTEE THAT IN SEPTEMBER WHEN THAT RENOVATION IS COMPLETED, THAT THERE'S NOT GONNA BE ANY OTHER TYPE TWO PERMITS ISSUED ON THAT BLACKFACE. SECONDLY, UH, WHEN DID YOU ALL START REVIEWING THIS? WHEN WAS THE DEPARTMENT BUILT UP TO REVIEW ALL THIS? SO THE, THE CITY, THE CITY ADOPTED ITS SHORT-TERM RENTAL ORDINANCE IN NOVEMBER, 2018. IT TOOK EFFECT IN FEBRUARY, 2019. SO DEVELOPMENT SERVICES DEPARTMENT HAS BEEN REVIEWING PERMITS SINCE FEBRUARY, 2019. THANK YOU. THANK YOU. MR. KO, UH, STAFF. UH, QUICK QUESTION FOR THE APPLICANT, UH, OR FOR THE STAFF, I APOLOGIZE. IF, UH, HOW SOON CAN AN APPLICANT APPLY FOR A PERMIT KNOWING THAT SHE WON'T BE READY TILL NOVEMBER IS THERE, IF, IF SHE WERE TO APPLY AS THIS GETS AN ITEM, SHE GETS A, AS SHE APPLIES NEXT WEEK FOR A TYPE TWO S T R AND THEN Y'ALL REJECT IT. IS, IS THE PERMIT EVER IN A REVIEW STATE FOR UP TO SIX MONTHS TO WHERE SHE'S WORKING ON MEETING [00:40:01] YOUR REQUIREMENTS? WE, SO YET SHE'S STILL HOLDING ONTO THE RIGHT OF BEING THE ONE SS T R ON THE BLOCK. WE CAN LEAVE AN APPLICATION AND ADDITIONAL INFORMATION REQUIRED. I E GIVE ME PROOF THAT YOU'VE PASSED YOUR FINAL INSPECTION FOR 45 DAYS. OKAY. I JUST WANTED TO PUT THAT OUT THERE FOR THE APPLICANT JUST SO SHE KNOWS. ALRIGHT, THANK YOU SIR. UH, THANK YOU. THANK YOU MS. STEINER. UM, STAFF, DO WE HAVE ANY PUBLIC COMMENT OR ANY VOICEMAILS FOR THE RECORD? NO PUBLIC COMMENT. ALRIGHTYY THEN, SO I'D ASK THE APPLICANT WOULD YOU LIKE TO PROVIDE ANY FINAL REBUTTAL OR FINAL REMARKS BEFORE WE CLOSE THE PUBLIC PORTION OF THE MEETING? NO. ALRIGHTY. WELL THANK YOU SO MUCH. THANK YOU. AT THIS TIME I'D ASK A MEMBER OF THE BOARD, UH, TO MAKE A MOTION AND FOR THE, FOR THE SAKE OF THE BOARD. SO IF WE CONCUR WITH THE MOTION WE ARE, WE ARE THEN VOTING FOR THE APPLICANT IF WE VOTE AGAINST CON UH, NON CONCURRENCE AND WE'RE VOTING FOR THE CITY'S POSITION ON NON-RENEWAL OF THE SHORT-TERM RENTAL. SO, MR. MAN, IF YOU'D LIKE TO MOVE FORWARD WITH THE MOTION. SURE. REGARDING CASE NUMBER BO A 2 2 1 0 3 0 0 0 3 8, I MOVED AT THE BOARD OF ADJUSTMENT GRANT, THE APPEAL FOR THE PROPERTY SITUATED AT 2 0 1 EAST CARSON STREET, APPLICANT BEING LAUREN SCHNEIDER BECAUSE THE INFORMATION PROVIDED TO PROVIDED BY THE APPLICANT SHOWS THAT THE CITY STAFF MADE AN ERROR IN REVOKING THE SHORT TERM RENTAL PERMIT. END OF MOTION. SECOND. MR. MANNA, WOULD YOU LIKE TO PROVIDE SOME COMMENT? SURE. SO, SO, UM, UNFORTUNATELY I WON'T BE, UM, SUPPORTING THE APPEAL. UM, BUT, BUT I WILL STATE THAT, YOU KNOW, UNDERSTANDING THE, THE CASE AND UM, AND YOU KNOW, SHOULD THE APPLICANT COME BY, SHOULD IT BE THE CASE THAT ANOTHER APPLICANT HAS APPLIED ON THE STREET, THAT THIS WILL WEIGH REALLY HEAVILY INTO MY DECISION ON THE SUBSEQUENT REVIEW. AND SO, YOU KNOW, SO, SO AT THIS POINT, I AM GOING TO, UM, UH, RECOMMEND DENIAL. MS. BRAGMAN, I AGREE WITH MY COLLEAGUE, UM, FROM THE STANDPOINT OF, UM, IT, IT IS A SELF, UH, REPORTING, UM, IN TERMS OF VERIFYING THAT THE PROPERTY IS HABITABLE. UM, IT SOUNDS LIKE FROM WHAT STAFF HAS SAID THAT THE APPLICATION IS CLEAR AS TO WHAT THE REQUIREMENTS ARE FOR A, UH, PROPERTY TO BE ELIGIBLE. UM, SO, UM, I'M NOT GONNA BE IN SUPPORT EITHER. ALL RIGHTY, UH, STAFF, LET'S TAKE A ROLL CALL. VOTE MR. MANNA. UM, I DO NOT GRANT THE APPEAL. MS. BRAGMAN, I DO NOT CONCUR. MR. SPIELMAN. I DO NOT CONCUR. MR. MENCHACA. I DO NOT CONCUR. MS. CRUZ. I DO NOT CONCUR. MR. ZUNIGA. I DO NOT CONCUR. MS. KAPLAN? I DO NOT CONCUR. MR. VASQUEZ. I DO NOT CONCUR. MR. O ZUNA? I CONCUR. CHAIR ORIAN. CHAIR ORIAN? I DO NOT CONCUR. MOTION PASSES. ALL RIGHT, I MOTION FAILS. WELL, MOTION PASSES. OH, THE MOTION FAILS. SO THE MOTION TO GRANT THE APPEAL, UH, FAILS. SO THE APPLICANT, I KNOW YOU HAVE, YOU HAVE SOME, UH, RESOLUTION, THERE'S SOLUTIONS HERE. PLEASE GET WITH STAFF IN TERMS OF THE TYPE ONE, UM, SHORTTERM RENTAL AND THERE'S, THERE'S OPTIONS GOING FORWARD OR PATHS GOING FORWARD. SO PLEASE GET WITH STAFF. THANK YOU FOR YOUR TIME. YES. UH, NEXT, UH, CASE, WHICH IS GONNA BE CASE NUMBER, UH, 42. SO STAFF WILL MAKE THEIR PRESENTATION FIRST. SHOW ME WHICH BUTTON PUSH THIS ONE HERE? YEAH. B O A CASE NUMBER TWO THREE DASH 0 3 0 0 0 4 2 AT 2 3 5 ESCONDIDO A AND COUNCIL DISTRICT 10. THE APPLICANT IS ESCONDIDA AT SUNSET L L C AND THEIR REQUEST IS FOR A HALF STORY VARIANCE FROM THE MAXIMUM TWO AND A HALF STORY HEIGHT TO ALLOW THREE STORIES FOR SIX STRUCTURES AND AN R FIVE. THE SUBJECT PROPERTY WILL BE LOCATED IN A SMALL CUL-DE-SAC COMMUNITY OFF OF EAST SUNSET ROAD. AND THE APPLICANT IS BUILDING SIX STRUCTURES AND WANTS EACH OF THEM TO BE THREE STORIES. THE MAXIMUM BUILDING HEIGHT CURRENTLY PERMITTED IS TWO AND A HALF STORIES IN THE R FIVE AND STAFF DID NOT OBSERVE ANY ABNORMAL PHYSICAL FEATURES SUCH AS SLOPE ON THE PROPERTY. HERE IS A PROPOSED SITE PLAN AND THE SUBJECT PROPERTY AND THE [00:45:01] SURROUNDING AREA. STAFF RECOMMENDS DENIAL AND BO O A DASH 23 DASH 1 0 3 0 0 0 4 2. BASED ON THE FOLLOWING FINDINGS OF FACT, ONE OTHER HOMES IN THE AREA CONFORM TO THE TWO AND A HALF STORY BUILDING HEIGHT MAXIMUM. AND TWO, THE INCREASED BUILDING HEIGHT WOULD ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. STAFF MAILED OUT EIGHT NOTICES OR 31 NOTICES. THERE WERE EIGHT RETURNED IN FAVOR. AND THE OAK PARK NORTHWOOD NEIGHBORHOOD ASSOCIATION IS ALSO IN FAVOR OF THIS REQUEST. THIS CONCLUDES STAFF PRESENTATION AND THE APPLICANT IS PRESENT. ALRIGHT, LET'S FIRST SEE IF WE HAVE ANY QUESTIONS FOR STAFF. ANY QUESTIONS? OKAY. THE APPLICANT PLEASE COME FORWARD AND STATE YOUR NAME FOR THE RECORD. HI, MY NAME IS TIM BLANC VESTS. I'M THE FOUNDING PRINCIPAL OF VALLIN PARTNERS ARCHITECTS HERE IN SAN ANTONIO AND HAVE BEEN HIRED BY MICKEY STARNES, THE DEVELOPER THAT'S HERE TODAY WITH ME. UM, FIRST OF ALL, THANK YOU FOR YOUR SERVICE. I'VE SAT FOR MANY YEARS ON SIMILAR BOARDS AND I REALLY APPRECIATE IT. AND, UM, I ALSO WANT TO JUST STATE THAT I DO UNDERSTAND THE, THE STAFF'S POSITION, UH, BECAUSE WITH ANY NEW ORDINANCE, UH, THEY HAVE NO, NO, NOTHING THEY CAN DO OTHER THAN, UH, SAY IT DOESN'T MEET THE NEW GUIDELINES. UM, THERE IS A UNIQUE SITUATION IN THIS PROJECT, AND THE UNIQUE SITUATION IS THAT WE STARTED THIS PROJECT THREE YEARS AGO PRIOR TO COVID, UH, RAN INTO SIGNIFICANT ISSUES FINDING SUBCONTRACTORS TO PERFORM AT A REASONABLE LEVEL, AND THE PROJECT WAS HELD UP. UM, DURING THAT TIME, WE BELIEVE THAT WE DESIGNED THIS WITHIN THE CURRENT, AT THAT TIME GUIDELINES AND CODES, UH, FOR THIS RESIDENTIAL AREA. AND THE DEFINITION OF TWO AND A HALF STORIES ALSO UNDERSTANDS THAT THE 35 FEET IS THE MAXIMUM HEIGHT AND OTHER HOUSES IN THE AREA ARE AT THE 35 FEET. UH, WE ARE LIVING WITHIN THE GUIDELINE OF THE ORIGINAL CODE AT 35 FEET. AND THE CONCEPT OF A HALF A STORY IS VERY CONFUSING TO MANY PEOPLE. BASICALLY A HALF A STORY MEANS THAT THE TOP FLOOR, THE THIRD FLOOR, IF IT HAD A PITCHED ROOF ALL THE WAY ACROSS IT WITH DORMER WINDOWS TRADITIONAL, THAT THE ACTUAL OCCUPIED AREA WOULD BE ABOUT 50% OF THAT FLOOR AREA. UM, THERE HAVE BEEN SIGNIFICANT NUMBER OF OTHER INSTANCES THAT HAVE BEEN APPROVED, UH, SOME CURRENTLY UNDER CONSTRUCTION NOW, WHERE INSTEAD OF AS AN ALTERNATIVE TO THE PITCHED ROOF IS TO HAVE A FLAT ROOF STILL FALLING WITHIN THE 35 FOOT GUIDELINES, THE RESTRICTIONS, BUT STILL ADHERING TO THE 50% RULE, MEANING THE TOP FLOOR ISN'T A FULL THIRD FLOOR, IT IS A 50% FLOOR AREA. AND, UH, THERE WERE CHANGES MADE IN THE CODE THAT APPARENTLY HAD BEEN WORKING ON FOR SOME TIME. I WILL SAY THAT THE ARCHITECTURAL COMMUNITY, OUR FIRM BEING THE LARGEST IN THE CITY, UH, WAS NOT MADE AWARE THAT THESE CHANGES WERE COMING. UM, WE DESIGNED WITHIN THE GUIDELINES THAT WOULD'VE BEEN APPROVED UNDER THE NORMAL CIRCUMSTANCES. THIS CHANGED ON JANUARY THE FIRST, 2023. WE APPLIED FOR THE PERMIT ON THE 24TH OF JANUARY, 2023, UNAWARE THAT THE CHANGES HAD BEEN MADE IN THE CODE, THE CHANGES THAT HAVE BEEN MADE IN THE CODE, UH, WE YET STILL DON'T FULLY UNDERSTAND WHY THEY WERE MADE, BUT THE CHANGES SPECIFICALLY ARE SAYING THAT NOW THEY DO NOT WANT TO HAVE ANY OUTDOOR ACCESS TO THE ROOF OF THE SECOND FLOOR. UH, NO, NO OUTDOOR, UM, ROOF DECKS. OKAY. THAT WAS PREVIOUSLY APPROVED, UH, AND HAS BEEN FOR A HUNDRED YEARS HERE IN SAN ANTONIO. THE SECOND THING IS THAT THE, UM, THE NEW SECOND FLOOR, I'M SORRY, THE, THE THIRD FLOOR, THE TWO AND A HALF STORY, UH, HAS BEEN MUCH MORE RESTRICTIVE IN TERMS OF THE SETBACKS THAT WERE NOT IMPOSED PREVIOUSLY, AS WELL AS THE TYPE, SIZE AND RELATIONSHIP OF THE DORMAL WINDOWS. IT APPEARS THAT THE CODE IS TRYING TO ELIMINATE THE SECOND, THE HALF STORY ON THE TOP AND ELIMINATE ANY ACCESS TO THE ROOF ON TOP. SO WE UNDERSTAND THAT WE'RE JUST SAYING THAT OUR HARDSHIP IS THAT WE WERE DESIGNING UNDER THE PREVIOUS CODE. YES, I WISH THAT IT HAD BEEN TURNED IN ON DECEMBER 31ST AND WE WOULDN'T BE HERE HAVING THIS CONVERSATION. UH, [00:50:02] I DO WANT TO TELL YOU THAT WE HAVE BEEN EXTREMELY SYMPATHETIC AND SENSITIVE TO THE NEIGHBORHOOD. ALL OF OUR WORK DOES THAT. WE'VE BEEN DOING THAT FOR 40 YEARS HERE AS OVERLAND PARTNERS. UM, WE HAVE MET WITH, WE HAVE SOUGHT TO UNDERSTAND CONCERNS AND WE HAVE DESIGNED ACCORDINGLY AND THE, UH, THE ENTIRE COMMUNITY AND NEIGHBORHOODS SURROUNDING. AND WE DO HAVE THE, UM, REPRESENTATIVE FROM THE HOMEOWNER'S ASSOCIATION AND A LETTER FROM THE PRESIDENT, WHICH MAYBE YOU CAN DISTRIBUTE THAT, THAT BASICALLY SAYS THEY'VE ALL SEEN IT, THEY UNDERSTAND IT, AND THEY'RE IN COMPLETE SUPPORT OF IT. UM, SO HAVING SAID THAT, I WANT TO GIVE JUST A LITTLE SHORT WALKTHROUGH HISTORY, UM, OF THE PROJECT. ONE OF THE THINGS THAT WE HAVE RECOGNIZED IS THAT, UM, THERE ARE MANY BUILDINGS THAT HAVE BEEN BUILT IN THE CITY OF SAN ANTONIO IN VARIOUS AREAS, WHICH I'VE DONE THE RESEARCH BEFORE WE BEGAN THIS PROJECT, UH, IN TOBIN HILL AND MONTE VISTA AND CITY OF SAN ANTONIO. OTHER AREAS WHERE THERE ARE THREE STORY BUILDINGS ON SMALLER LOTS. LET ME JUST BACK UP FOR ONE MOMENT AND JUST SAY THE DAY WHERE A SINGLE HOMEOWNER CAN HAVE A HOUSE ON A BIG LOT OBVIOUSLY IS STILL AVAILABLE, BUT WE ARE GONNA DOUBLE IN THE SIZE IN THE NEXT 30 TO 40 YEARS IN SAN ANTONIO. WE DO WANT TO BE A WELCOMING COMMUNITY AND WE RECOGNIZE WE AS PROFESSIONALS THAT WE'RE GONNA HAVE TO TAKE SOME OF THE LARGER PROPERTY THAT HAVE ONE HOUSE ON IT AND PERHAPS TRY TO PUT TWO OR THREE HOUSES ON IT AND DO IT IN A SYMPATHETIC SENSITIVE WAY AND IN NEIGHBORHOODS THAT HAVE ALREADY TRIED TO DO THAT. OKAY? SO THERE ARE PLENTY AREAS YOU CAN STILL BUY BIG LOTS AND HAVE A BIG HOUSE HERE IN SAN ANTONIO, BUT IN DOING SO, WE'VE BEEN LOOKING FOR A SOLUTION, A PROTOTYPE SOLUTION TO DO THIS SYMPATHETICALLY SENSITIVE AND ALSO AN ARCHITECTURAL MODEL. HAVING DONE THAT, WE'VE LOOKED AT WHAT HAS BEEN BUILT AND WE'VE LOOKED AT THE PROS AND CONS OF THOSE STRUCTURES, UH, THAT ARE THREE STORY. IN ORDER TO DO A THREE STORY IN A TWO STORY, TWO AND A HALF STORY NEIGHBORHOOD. UH, IT DOES HAVE TO BE A FLAT ROOF. YOU CAN'T PUT A PITCHED ROOF ON TOP OF IT, UH, TO GET THE SPACE. THESE EXAMPLES ARE ONES WHERE ON THE THIRD FLOOR, IT'S THE SAME SIZE AS THE SECOND FLOOR. THIS IS IN TOBIN HILLS. UH, THESE ARE TWO OTHER ONES IN TOBIN HILLS WHERE THEY'RE THREE OR THREE AND A HALF STORY. AGAIN, ALL FALLING WITHIN THE 35 FOOT GUIDELINE. UH, ANOTHER ONE, UM, UH, THESE ARE THE LOCATION MAPS OF WHERE THEY ARE. UH, THIS IS ONE IN MONTE VISTA AREA IN THE CITY OF SAN ANTONIO, UH, WHERE THE, NOT ONLY THREE STORY, BUT THEY HAVE THE ROOFTOP TERRACE WITH THE COVERED PERGOLA OUT THERE. UM, UH, THIS IS, YOU KNOW, THREE OR FOUR OF THEM THAT HAVE BEEN BUILT ALONG THAT PARTICULAR STREET AT RUSSELL AND MCCULLOUGH, UH, WITH ADJACENT TO RESIDENTIAL TRADITIONAL HOMES IN THE NEIGHBORHOOD, UM, WITH ROOFTOP TERRACES, ET CETERA. UH, ALSO MAYBE YOU CAN BACK UP TO, I NOTICE THAT THE THIRD FLOOR HERE IS EXACTLY THE SAME SIZE AS THE SECOND FLOOR. WHAT WE'RE PROPOSING, WE DON'T AGREE WITH THAT. WHAT WE PROPOSE IS SOMETHING WHICH MEETS THE INTENT OF THE ORIGINAL CODE, WHICH IS 50% OF THE, AND TO BE SYMPATHETIC AND SENSITIVE TO THE NEIGHBORS AS TO WHERE THAT 50% IS. AND I'LL SHOW YOU HOW WE HAVE TRIED TO GO ABOUT ACCOMPLISHING THAT. BUT RIGHT ADJACENT TO US, THERE'S, UH, A, A TWO AND A HALF STORY HOUSE. YOU CAN SEE IT. UM, YES, SOME PEOPLE HAVE TAKEN ADVANTAGE OF THE DORMER SITUATION AND, UH, WHERE THE DORMER IS. IT'S ALMOST THE SAME SIDE AS THE ROOF, BUT THIS IS HISTORICAL. UH, THIS IS, UH, ANOTHER EXAMPLE. THIS IS OVER NEAR, UH, ALMA PARK IN THE CITY OF SAN ANTONIO, WHERE THERE'S A SERIES OF, OF THESE NEXT TO SINGLE FAMILY RESIDENTIAL WHERE THEY HAVE THREE FLOORS, UH, IN, IN MONTE VISTA. UH, THIS IS AN EXAMPLE OF AN HISTORIC HOUSE THAT YOU CAN, YOU CAN SEE IT'S UNDER CONSTRUCTION NOW IS RECENTLY PERMITTED BY THE CITY TO HAVE A STRUCTURE BUILT ON THE TOP WITH A TRAIL LIST AREA. YOU CAN BEGIN TO SEE IT. THAT'S NOT THE FINAL COLOR. HOPEFULLY THEY'LL DO A BETTER JOB ON THAT. UM, UH, THIS IS ANOTHER ONE, UH, IN THE MONTE VISTA AREA WHERE YOU CAN SEE THE ROOF AND THE, UM, YOU KNOW, THE FULL OUTDOOR BALCONY OR TERRACE DECKS. OUR PROJECT THAT WE, UH, HAVE SHOWN TO THE NEIGHBORHOOD, UH, CONSISTENTLY IS BASED UPON TRYING TO CREATE A UNIQUE PROTOTYPE PROJECT THAT OTHERS CAN LOOK TO AS AN EXAMPLE OF HOW TO DO IT SYMPATHETICALLY AND [00:55:01] SENSITIVELY IN A NEIGHBORHOOD WHILE STILL INCREASING DENSITY FOR NEW PEOPLE MOVING TO THE CITY. UM, SO THE, YOU KNOW, SUSTAINABLE ATTRIBUTES, UH, OF THIS PROJECT ALSO RECOGNIZE YOU DON'T HAVE MUCH LAND. AND SO WE ARE TRYING TO LIFT UP THE GARDEN, IF YOU WILL, ONTO THE ROOF, UH, SO THAT THEY HAVE A PLACE THAT THEY CAN HAVE AS AN OUTDOOR EXPERIENCE. UM, THESE ARE SOME EXAMPLES. WE DID RESEARCH ALL AROUND THE WORLD OF WHAT'S BEING DONE IN OTHER MAJOR CITIES AND WHAT THESE PRODUCTS LOOK LIKE, AND WE WERE INSPIRED BY THEM AND WE SHOWED THEM TO A WHOLE SERIES OF POTENTIAL CLIENTS TO LOOK AT. THEY WERE VERY MUCH IN FAVOR OF IT, EXCITED, UH, WHICH IS BASICALLY SAYING WE GOT LIVING ON THE BOTTOM WITH PARKING, UH, BEDROOMS ON THE SECOND FLOOR, SOME FORM OF A BONUS TYPE ROOM ON THE THIRD WITH AN OUTDOOR TERRACE. UH, I WON'T GO INTO ALL THE DETAILS, BUT WE'LL MAKE THIS FULLY AVAILABLE TO ALL OF YOU, YOU KNOW, OF HOW WE'RE TRYING TO USE HEALTHY MATERIALS, INTEGRATE DAYLIGHT, AND ALSO BE SENSITIVE AND RESPECTFUL TO THE NEIGHBORHOOD COMMUNITY. UH, ALSO TO MEET THE 2030 CHALLENGE OF THE AMERICAN INSTITUTE FOR ARCHITECT AND THE CITY'S REQUIREMENT AS WELL AS SAWS. HOW DO WE INCORPORATE, UH, MAKE IT MORE SUSTAINABLE, REDUCE THE ELECTRICAL ENERGY NEEDS BY PUTTING SOLAR PANELS ON THE ROOF IN A, IN A VERY SYMPATHETIC WAY THAT'S NOT IN YOUR EYE. UH, AND SO WE'VE DONE THIS ON A FLAT ROOF AS OPPOSED TO ON A PITCHED ROOF WHERE IT'S VISIBLE TO THE NEIGHBORS. UH, ALSO IF YOU SEE IN THE BOTTOM LEFT HAND AND THE TOP ONE, UH, INCORPORATING IT INTO A SHADE STRUCTURE, UH, THIS IS THE FLOOR PLAN. BASICALLY LEVEL ONE YOU SEE ON THE RIGHT IS, UH, UH, A GARAGE WITH A LIVING AREA AND A KITCHEN LEVEL TWO IS, UH, BASICALLY TWO BEDROOMS. AND, UH, LEVEL THREE IS A SMALL LIVING AREA AND A POSSIBILITY OF A THIRD BEDROOM AND AN OUTDOOR TERRACE WHERE THE THIRD FLOOR IS 50%. UH, SO THE REAL QUESTION BECOMES WHERE DO YOU PLACE THAT IN A WAY THAT IS MOST SYMPATHETIC TO THE NEIGHBORHOOD? UH, THESE ARE SOME RENDERINGS OF THE INSIDE AND ALSO THE ROOFTOP TERRACE. I WANT YOU TO RECOGNIZE THAT THE ROOFTOP TERRACE IS TRYING TO BE VERY SYMPATHETIC TO PUTTING WALLS UP SO THAT YOU DO NOT LOOK INTO A NEIGHBOR'S YARD, WHICH IS A POTENTIAL CONCERN. UM, WE PUT UP THE SIGN, UH, ON THE PROPERTY, WHICH YOU CAN SEE, UH, IT'S BEEN THERE FOR TWO YEARS NOW, WHICH GIVES EVERYBODY AN OPPORTUNITY TO NOT ONLY LOOK AT THAT PICTURE, BUT TO DIAL IN AND SEE THE OTHER, UH, THE FULLER PRESENTATION. UM, ALSO TO BE SYMPATHETIC TO THE NEIGHBORHOOD. UH, WE DID HAVE A SITE CONSTRAINT, UH, WHERE THE HOUSE WAS TALLER. AND WE'VE GONE TO CONSIDERABLE EXPENSE TO EXCAVATE DOWN EIGHT OR NINE FEET SO THAT WE CAN DROP THE HEIGHT OF THE HOUSE DOWN NEXT TO OUR NEIGHBOR WHO HAPPENS TO BE IN THE ROOM RIGHT HERE. HAPPY, BECAUSE WE'VE BEEN WORKING TOGETHER WITH HER, SHOWING HER EVERYTHING WE'RE DOING ALL ALONG THE WAY. UH, YOU CAN SEE THIS, UH, MORE ALL ALONG THE WAY. WE HAVE WORKED OUT AN AGREEMENT ABOUT THE TYPE OF RETAINING WALL THAT WE'RE GONNA PUT THERE TO PROTECT THEIR PROPERTY AND ALSO TO CREATE SORT OF A SUNKEN GARDEN AREA. UH, YOU CAN SEE IT, THE SITE IS COMPLETELY SURROUNDED IN TREES, ESPECIALLY TO THE BACK. UM, AND IF YOU LOOK AT THE PHOTOGRAPH HERE, UH, OUR SITE IS THE LITTLE, THE LITTLE SORT OF WHITE ONE, OKAY, IN THE MIDDLE THAT HAS SIX UNITS. UM, WE'RE NOT THE FIRST PEOPLE ON THE BLOCK THAT ARE TRYING TO DO SOMETHING LIKE THIS. YOU CAN SEE IMMEDIATELY TO THE RIGHT OF US, UH, THEY TORE DOWN A FEW HOMES AND BUILT 15 UNITS TO THE RIGHT OF THAT 15. ABOVE THAT, I THINK IT SAYS NINE DOWN BELOW THREE ON A SINGLE LOT, UH, AND THEN TWO, FIVE AND SIX UNITS ACROSS THE STREET FROM US DIRECTLY. SO THIS IS, THIS IS SOMETHING, YOU KNOW, YOU GOTTA REALIZE, SUNSET IS ONLY TWO BLOCKS LONG. ONE OF THEM ANCHORED BY THE, UH, HOME DEPOT, YOU KNOW, IS ENTIRELY COMMERCIAL, THE ENTIRE STREET, NO RESIDENTIAL. SO WE ONLY HAVE ONE BLOCK THAT'S RESIDENTIAL THAT ENDS UP AT H E B. AND IN THAT BLOCK, IT IS A REAL TRANSITION NEIGHBORHOOD, MEANING THAT THESE HIGHER DENSITY UNITS ARE PROVIDING A TREMENDOUS OPPORTUNITY, UH, TO COME IN AND BUILD MORE UNITS PER ACRE AND PROVIDE AN OPPORTUNITY FOR PEOPLE TO MOVE IN TO THIS AREA AND LIVE HERE AT A REDUCED COST. UM, IF YOU LOOK AT THIS PARTICULAR ONE, WE REALLY DID THIS TO SHOW THE NEIGHBORS, UH, IF YOU CAN SEE TO THE RIGHT OF US, IT'S A LARGER LOT IN THE HOUSE WHERE WE PUT THE FOUR UNITS IN THE FRONT, THE THIRD FLOOR, OR WE CALL IT A TWO AND A HALF FLOOR. BUT THE THIRD FLOOR YOU CAN SEE ARE THE PINK AREA. WE HAVE VERY SYMPATHETICALLY BROUGHT THOSE IN TOGETHER, PUSHING THEM OFF OF THE STREET, MAKING SURE THAT THEY'RE NOT LOOKING INTO THE [01:00:01] NEIGHBORS, UH, AS WELL AS THE BACK. WE'VE PULLED THEM IN FROM THE SIDES. SO AGAIN, THIS CONCEPT OF 50% OF THE TOP FLOOR BEING DONE IN A, IN A WAY THAT IS SYMPATHETIC TO THE NEIGHBORHOOD, NOT BUILDING A THREE STORY MASS, WHICH THE OTHER PROTOTYPES THAT I SHOWED YOU EARLIER HAVE DONE. UM, THIS IS JUST A, A, A LITTLE BIT OF A BLOW UP. UH, WE'VE ALSO BUILT A SIX FOOT SCREEN WALL, UH, ON THE OUTDOOR TERRACE, THE AREA AND WHITE SO THAT IT BLOCKS ANY POSSIBLE WAY TO VIEW INTO A NEIGHBOR'S PROPERTY, BECAUSE I THINK THAT'S PROBABLY AT THE HEART, EVEN THOUGH WE HAVEN'T HEARD FROM ANYBODY AT THE HEART OF THE ESSENCE OF WHY DO YOU WANT TO GET RID OF, UH, THE OUTDOOR ROOFTOP TERRACES? WELL, IT'S PROBABLY A PRIVACY ISSUE. SO WHAT DOES THE DESIGNER, THE ARCHITECT DO TO SHOW A GOOD SOLUTION TO HOW WE DO THIS? IF WE'RE GONNA HAVE TO MAXIMIZE, IF WE'RE GONNA HAVE TO BUILD ON SMALLER LOTS, WE HAVE TO COME UP WITH A WAY TO DO THIS EFFECTIVELY. AND SO WE SPENT A TREMENDOUS AMOUNT OF TIME, MICKEY SPENT AN ENORMOUS AMOUNT OF MONEY TO DO THIS IN A WAY THAT YOU CAN HAVE AS AN EXAMPLE TO SAY, GO LOOK AT HOW IT WAS DONE HERE. IF YOU WANT TO DO IT, GO LOOK AT HOW IT WAS DONE HERE. UM, THESE ARE THE FIRST TWO THAT WE HAVE, NOT ONLY UNDER CONTRACT, WE'VE ALREADY CLOSED. UH, THERE ARE MILLIONS OF DOLLARS ALREADY AT RISK IN TERMS OF PAYING FOR THE PROPERTY, PAYING FOR THE PLANS. UH, WE ARE, WE, WE HAVE THE PER IT'S READY TO GO. UH, HE SPENT, YOU KNOW, $950,000 FOR ALL OF THE CONSULTANTS INVOLVED IN THIS TO COME TO THIS POINT. SO TO COME BACK AND TO CHANGE IT, THE NINTH HOUR, BECAUSE WE HAVE A NEW, A NEW CHANGE IN THE CODE IS VERY DIFFICULT. UH, AND FINANCIALLY COULD, COULD LEAD TO LAWSUITS AND ALL SORTS OF OTHER THINGS BY THE PEOPLE THAT HAVE PURCHASED THE TWO LOTS THAT WE DON'T WANT TO GO INTO. WE WANT TO BE A GOOD NEIGHBOR. WE WANT EVERYBODY IN THE COMMUNITY TO LOVE WHAT WE'RE DOING. AND SO FAR, WE HAVE RECEIVED THAT SUPPORT. AND, UH, PAT CAN COME UP AND SPEAK TO THAT IN A MINUTE. UM, YOU CAN SEE WORKING DRAWINGS ARE DONE. UM, UH, THE, THE TOP FLOOR, YOU CAN SEE WHERE THE SOLAR PANELS ARE. UM, WE HAVE DONE EXTENSIVE THREE-DIMENSIONAL MODELING SO THAT EACH PERSON SURROUNDING THE PROPERTY HAS AN OPPORTUNITY TO SEE EXACTLY WHAT THEY'RE LOOKING AT, WHAT THEY'RE GETTING TO. AND SO THIS IS A PERSPECTIVE LOOKING FROM SUNSET COMING IN. AND, UH, ANOTHER ONE, YOU KNOW, UH, SORT OF MID-LEVEL. AND, UM, AS YOU'RE COMING AROUND THE PROPERTY, YOU CAN SEE HOW IT SORT OF STEPS DOWN. UM, THE, I WANT YOU TO NOTICE IN THE UPPER LEFT HAND SIDE, DO YOU SEE THE GREEN SCREEN WALL THAT'S THERE? THAT'S THE WALL. THE, THE, THE, THE, THE RAIL, YOU KNOW, IS 42 INCHES. ANOTHER 42 INCHES ABOVE THAT IS A GREEN SCREEN WALL THAT BOTH IS ATTRACTIVE WHEN YOU'RE ON THE TERRACE, BUT ALSO ATTRACTIVE TO THE NEIGHBOR AND PREVENTS ANY, ANY ONLOOKING OR ANY VIEWING. UM, SO THIS IS COMING AROUND PATTY'S PROPERTY, UH, ALL THE WAY DOWN TO THE SIDE. UH, THIS IS LOOKING AT IT FROM THE BACKSIDE. UH, THERE ARE THREE HUGE OAK TREES ON OUR PROPERTY, AS WELL AS ON THE PROPERTY JUST BEHIND US. IT IS, IT IS, UH, EXTENSIVE. SO AS YOU'RE COMING BACK AROUND TOWARDS THE FRONT, YOU'RE COMING DOWN IN TOWARDS THE ENTRYWAY. UM, THAT'S PRETTY MUCH IT FOR THAT. I WOULD YOU LIKE TO COME UP PERHAPS AND SAY A COUPLE OF COMMENTS ABOUT, CAN WE HOLD HER FOR THE, FOR THE COM FOR THE PUBLIC COMMENTARY? YES, ABSOLUTELY. SO ANY RATE, I WANT TO JUST, UM, OPEN IT UP TO YOU FOR, FOR ANY QUESTIONS. UM, AGAIN, OUR GOAL IS, IS THAT WE REALLY BELIEVE WE HAVE AN OBLIGATION. I HAVE AN OBLIGATION AS PROFESSIONAL TO HELP SOLVE THIS PROBLEM. HOW DO WE GET MORE HOUSES ON SMALLER PIECES OF PROPERTY AND DO IT IN A WAY THAT IS EXCELLENT DESIGN AND SYMPATHETIC TO THE NEIGHBORHOOD? THANK YOU, MR. IAN. UH, LET'S SEE IF WE HAVE ANY QUESTIONS. UH, SOON. ORIAN, WELL, LET'S START WITH MR. ORIAN AND THEN MR. OKAY. I GOT A NUMBER OF QUESTIONS. SO QUICKLY, UH, STAFF, IF THIS WOULD'VE BEEN APPLIED FOR A PERMIT PRIOR TO JANUARY 1ST, WOULD THIS, WOULD THIS HAVE MET THE HALF STORY, UH, DEFINITION? NO, SIR. IT'S OKAY. TWO AND A HALF STORY, 35 FEET IS THE REQUIREMENT. WHAT GOT IT. UH, THE NEXT, THE NEXT ITEM IS, IS THAT A LOT OF THE EXAMPLE THAT, LET'S GO BACK. LEMME FINISH MY QUESTIONS PLEASE. UH, SO A LOT OF THE EXAMPLES THAT THE APPLICANT PROVIDED WERE IDZ ZONE, SO LIKE MICHAEL, NICOLE AND RUSSELL. THAT'S AN I DZ [01:05:01] ZONING DISTRICT, WHICH ALLOWS FOR A HIGHER HEIGHT. UH, AND SO THAT'S, YOU KNOW, I JUST WANNA MAKE SURE WE'RE COMPARING APPLES TO APPLES. 'CAUSE YOU'RE THIS PROPERTY ZONE ARE FIVE. CORRECT? UM, AND IT, AND IT LOOKS LIKE THE PLAT WAS A 2021 PLAT AND IT WAS PUT IN, IN MOTION IN 2021. UH, SO FOR THE APPLICANT, UH, DID Y'ALL PURSUE I D Z ZONING? LIKE IN MANY OF THE EXAMPLES THAT YOU PROVIDED? WE, WE DISCUSSED THAT WITH STAFF AND DISCUSSED THAT WITH THE NEIGHBORHOOD, AND THEY DID NOT WANT US TO CHANGE THE ZONING. WE CONSIDERED DOING THAT SO THAT WE COULD BE APPROVED, YOU KNOW, UNDER THAT. OKAY. THE PROBLEM IS, IT, IT WOULD, IT WOULD ALLOW, UH, A PRECEDENT FOR OTHERS TO DO THAT RATHER THAN SOLVING THE PROBLEM UNDER THE CURRENT OR THE PREVIOUS ZONING. OKAY. SO ON YOUR THIRD LEVEL, ARE YOU SAYING THAT THE LIVABLE SPACE ON THE THIRD LEVEL DOES NOT EXCEED 50% OF THE FLOOR BELOW IT? THAT WOULD BE THE INTENT, YES. OKAY. SO STAFF, UH, IS IT POSSIBLE FOR US TO ENTERTAIN A MOTION TO GRANT THIS WITH THE CONDITION THAT THE THIRD LEVEL DOES NOT EXCEED 50%? IS THAT POSSIBLE? WE ARE GOING TO CODE YOU. I MEAN, YOU CAN'T PUT CONDITIONS ON, ON BOARD OF ADJUSTMENT CASES. COULD WE ACCEPT THE, OKAY, SO I COULD WE ACCEPT THE FLOOR PLANS AS SUBMITTED AS AN EXHIBIT AS TO THE LIMITS OF THE APPROVAL THAT YOU CAN DO? YEAH. OKAY. SO, WHICH EFFECTIVELY GETS US THERE. OKAY, MR. CHAIRMAN, VERY MUCH, OH, HOLD ONE QUESTION. I'D LIKE STAFF, CAN YOU GO BACK AND, AND RESPOND, UH, UH, YOU MADE A STATEMENT ABOUT WHETHER OR NOT THE, UH, APPROVAL WOULD BE THE, THE, UM, THE PLANS WOULD BE APPROVED UNDER THE, IF THEY HAD BEEN SUBMITTED DECEMBER 31ST VERSUS JANUARY 1ST. IS THAT THE QUESTION YOU HAD? YEAH. YEAH. 'CAUSE WE, WHEN WE CAME DOWN TO MEET, WE WERE TOLD THAT IF Y'ALL HAD GOTTEN IN THIS A MONTH BEFORE, THIS PROBABLY WOULD'VE BEEN APPROVED. AND, YOU KNOW, WE WERE KICKING OURSELVES. I I, I'M SORRY WE DIDN'T DO THAT, BUT COMMISSIONER ZUNA, UM, SORRY TO CUT YOU OFF, BUT THE REASON WHY I BROUGHT THAT UP IS THAT IF YOU APPLY FOR A PLAT PRIOR TO THE, PRIOR TO THE 30, PRIOR TO JANUARY 1ST, COULDN'T THE APPLICANT ALSO APPLY FOR VESTED RIGHTS TO USE THE OLD CODE BASED ON THAT 2021 PLATT? 'CAUSE IT'S NOT A LIFE SAFETY ISSUE. THAT, THAT'S WHY I WAS BRINGING IT UP. THIS IS A, I MEAN, THIS IS A PERMIT REQUIREMENT. IT'S A DEVELOPMENT STANDARD REQUIREMENT. AND SO THE IT, THE VESTED RIGHTS, I KNOW, BUT WHAT I'M GETTING AT IS BECAUSE IT'S TIED TO ZONING AND IT'S NOT CONSIDERED LIFE SAFETY, COULDN'T HE APPLY FOR A VESTED RIGHTS UNDER THE 2021 PLAT? TO USE THE DEFINITION OF A HALF STORY TODAY, IF HE COULD PROVE THAT HIS SITE MET, MET THE PRE JANUARY 1ST HALF STORY DEFINITION, I THINK THAT WOULD BE A CHALLENGE. IT, IT'S, UH, IT'S REALLY NOT THE WAY THAT THAT'S VESTED RIGHTS ARE TYPICALLY USED. AND SO I, I THINK IF THAT HAD BEEN A PATH, WE WOULD'VE BEEN MORE THAN HAPPY TO, UM, TO, TO PUSH 'EM IN THAT DIRECTION. BUT THAT'S THE ONLY REPRIEVE THEY HAVE, IS TO COME TO THE BOARD OF ADJUSTMENT AND ASK FOR THE, FOR THE VARIANCE. OKAY. MR. I'M JUST PUTTING IT OUT THERE. 'CAUSE I'VE USED ACID RIGHTS FOR, UH, YOU KNOW, HIGHWAY CORRIDOR OVERLAY, UH, REQUIREMENTS AND, AND SOME WERE APPROVABLE AND SOME WERE NOT. UM, SO THAT'S, THAT'S WHY I'M BRINGING IT UP. I'M JUST LOOKING FOR ALL THE DIFFERENT ASPECTS. THANK YOU MR. UNA. NO, MR. SPILLMAN FIRST AND THEN MR. ZUNIGA. YES. UH, THE ORDINANCE THAT JUST WENT INTO EFFECT ON, UH, THE BEGINNING OF THE YEAR WASN'T ANYTHING THAT TOOK PEOPLE BY SURPRISE. AND A LOT OF PEOPLE HAVE BEEN PUSHING TO GET THEIR PROJECTS THROUGH, YOU KNOW, SO THEY COULD GET THAT, UH, UH, APPRO, YOU KNOW, UH, COMPLETED UNDER THE OLD, UH, ORDINANCES. UM, THE EXAMPLES THAT YOU GAVE ARE ALSO EXAMPLES THAT WERE USED, YOU KNOW, WHEN THEY WERE TRYING TO CHANGE THIS TO A NEW DEFINITION BECAUSE PEOPLE DIDN'T WANT 'EM. SO, SO WHAT YOU'RE SAYING IS, YOU KNOW, WE SHOULD PUSH REALLY HARD TO GET, YOU KNOW, AS MUCH DENSITY IN THERE AS WE POSSIBLY CAN. AND YET THE NEIGHBORHOODS WHERE THESE PROJECTS CAME THROUGH WERE ALSO THE NEIGHBORHOODS WHO WERE PROTESTING MOST STRONGLY AGAINST JUST EXACTLY WHAT YOU'RE PROPOSING. NO, NO, NO. NOT EXACTLY WHAT WE'RE PROPOSING. WHEN DO YOU WE, WE AGREE. NO, THEY'RE NOT GOOD EXAMPLES. AND WE ARE TRYING TO COME UP WITH AN ALTERNATIVE PROPOSAL THAT WE DO THINK IS SYMPATHETIC TO THE NEIGHBORHOOD AND IS THE REASON WHY EVERYBODY IN [01:10:01] THE NEIGHBORHOOD IS IN SUPPORT OF THE PROJECT. YEAH, I, I UNDERSTAND THAT. WHAT, WHAT I'M SAYING IS SINCE YOUR PROJECT CLEARLY DOES NOT MEET THE NEW DEFINITION, WHEN SHOULD WE BEGIN TO START ENFORCING IT, IN YOUR OPINION? WELL, FIRST OF ALL, I THINK ANYTIME YOU'RE GONNA BRING OUT SOMETHING LIKE THIS THAT WE NEED TO DO A BETTER JOB OF ALLOWING THE DESIGN PROFESSIONAL COMMUNITY TO KNOW THAT THESE CHANGES ARE GOING ON AND SEEK TO GET SOME OF OUR INPUT AS WELL, RATHER THAN BEING IT DONE JUST BY THE CITY STAFF. MANNA, MANNA. SO, SO MANNA. SO, SIR, SORRY, SIR. SIR, YES. SO I WAS ON THAT BOARD. YES. AND WE MET FOR A YEAR TO GO THROUGH THE RULES. AND ON THAT BOARD THERE WERE, UM, DOZENS OF REALTORS, DEVELOPERS, ARCHITECTS, ENGINEERS, UM, AND CITIZENS. AND SO IT WAS A FULL BOARD OF LOTS OF INPUT. UM, AND SO, SO, YOU KNOW, SO WAS THAT DISTRIBUTED OUT TO THE REST OF THE PROFESSIONAL COMMUNITY? SO THAT PART I CAN'T ATTEST TO, BUT I WILL SAY THAT, YOU KNOW, THERE'S LOTS OF REPRESENTATION FROM LOTS OF PEOPLE ON THAT BOARD. SO MR. UNA, STAY ON TASK AND, AND, UM, LET MR. ZUNIGA, THANK YOU. OKAY. YES. UM, JUST ABOUT ECHOING FROM THE GENTLEMAN SPOKE ABOUT THE U D C WASN'T DISCUSSED IN ONE DAY. IT TOOK A YEAR, YEAR AND A HALF AND OVER, AND THEY WERE COMMITTEES ALL OVER, AND, AND THEY, THEY WERE LIKE, THE GENTLEMAN SAID, LANDOWNERS, YOU KNOW, I MEAN, PROPERTY PEOPLE, THE PLANTERS, ET CETERA. AND IT IT WAS ADVERTISED, SIR, IT WAS ADVERTISED FOREVER AND WAS, EVERYBODY KNEW ABOUT IT. THE COMMUNITIES CAME FROM WHATEVER DISTRICT AND THE LIKES. SO, SO THAT'S, UH, AND OUT HERE THERE WERE A LOT OF STAKEHOLDERS THAT PUT IN A LOT INTO THAT. SO, OKAY, SO THAT, YOU KNOW, YOU CAME, UH, USED THAT AS A DEFENSE FOR THAT. NOW YOU WERE BRINGING COMPARATIVES FROM ALL OVER THE CITY OF SAN ANTONIO. EVERY, IF, LIKE YOU SAID, UH, THE ALL BUSINESS HERE, ALL OVER THE WORLD, WHATEVER THE THING IS THIS, THAT EACH SECTION HERE IN THE CITY HAS DIFFERENT, YOU KNOW, COATS THAT THEY GO ON THERE AND BUILDING HOMES, ET CETERA, YOU KNOW, BUSINESSES. SO, SO, YOU KNOW, THAT'S, AND WHAT WE'RE REALLY HERE, WHAT YOU'RE SAYING, YOU KNOW, GOOD THAT YOU BROUGHT, YOU KNOW, THE, THE PROGRAM OF THE POINTS, UH, BUT WHAT WE'RE LOOKING HERE FOR IS YOU'RE LOOKING, GOING BACK TO HERE. I DON'T KNOW WHAT THE CHAIRMANS ARE. WE'RE LOOKING THAT YOU WANT THAT THREE FLOORS, THE THIRD FLOORS, HALF A FLOOR UP, AND THAT'S WHAT WE'RE LOOKING AT. YOU KNOW, THAT'S WHAT I'M LOOKING AT, AT SOME OF THIS OTHER BOARD MEMBERS, 50%, WHICH IS ALLOWED UNDER THE PREVIOUS CODE. SO NO, NO, NO, NO, NO, NO. LET, LET, LET ME FINISH, SIR. YOU HAD YOUR TIME. I'M SORRY. WE'RE HERE TO ASK A QUESTION NOW. I UNDERSTAND. OKAY. AND YOU KNOW, AND I RESPECT GINA FOR, FOR DOING THIS, YOU KNOW, AND, BUT THE THING IS, IS THAT, YOU KNOW, I MEAN, WE DISCUSSED MORE, YOU'RE DISCUSSING THE U D C, WE'RE DISCUSSING HERE, WE ARE HERE TO DISCUSS, LIKE THE CHAIRMAN CAN CONTROL THAT. AND WE, YOU KNOW, AND THE THING IS, WHERE IS YOU, YOU WANT TWO AND A HALF, THREE FLOORS, WHATEVER ELSE YOU WANT. BUT THAT'S WHAT WE'RE HERE FOR. POINT BLANK. THANK YOU MR. ZUNIGA. OKAY. UH, MS. KAPLAN? YES. UH, FOR STAFF, IF HE, IF THE BUILDER LEFT OFF THE OUTDOOR AREA ON THE THIRD FLOOR, WOULD THAT MEET CODE? WOULD THAT MEET, WOULD HE STILL NEED A VARIANCE? NO, I, I WILL ACTUALLY READ YOU WHAT IT SAYS. IT SAYS, THE TOTAL FLOOR AREA ON THE UPPERMOST STORY SHALL NOT EXCEED A FLOOR AREA DERIVED BY MULTIPLYING THE FLOOR AREA OF THE STORY DIRECTLY BELOW BY 50%. AND THEN IT SAYS, OPEN DECKS OR PORCHES ARE NOT ALLOWED. SO BASICALLY THE ANSWER, BASICALLY THE ANSWER IS YES. IF THEY DID NOT HAVE THE OUTDOOR AREA ON THE THIRD FLOOR, IT WOULD MEET CODE. AND IF THAT FLOOR AREA, 50% DOES NOT EXCEED 50%. YES. YES. THANK YOU, MR. SO, SO ACTUALLY A QUESTION FOR THE CITY. SO WAS THERE ALSO A DIAGRAM PRESENTED THAT SHOWED THAT THE, UH, TOP FLOOR HAD TO BE INSET BY, UH, SURROUND ALL THE WAY AROUND THE BUILDING AND BASICALLY THE 50% WAS MADE UP BY EVERYTHING AROUND IT? SO IT'S NOT JUST SIMPLY THAT'S CORRECT. 50%, BUT ACTUALLY IN THE CENTER OF THE TOP FLOOR IS THE NEW CODE THAT'S IN THE CENTER. YES. SO WITH SURROUNDS, WITH NO, WITH NO PORTING, SO, WHICH MAKES IT A [01:15:01] SIGNIFICANT HARDSHIP ON THE STRUCTURE TO INSET A LITTLE BOX IN THE MIDDLE OF THE BUILDING RATHER THAN ON ONE SIDE. AND I THINK THAT I UNDERSTAND THAT FROM THE POINT OF VIEW OF WANTING TO SET BACK, TO BREAK THE FACADE AND ALSO TO HAVE, BE MORE SYMPATHETIC TO THE NEIGHBOR. BUT I THINK WHAT WE'VE TRIED TO DO IS TAKE THE WHOLE 50% AND PUSH IT IN A LOCATION THAT IS FURTHEST AWAY FROM THE ADJOINING PROPERTY AND TO BE MORE SENSITIVE THAN IF IT WAS ALL PUSHED IN A LITTLE BIT. MR. ORIAN ORIAN. YEAH, I JUST WANTED TO BRING UP THAT THIS, THIS, THIS PROJECT LOOKS IS, IS, IS JUST AN I D Z STYLE DEVELOPMENT. UH, BUT I WOULD LIKE TO ADD, UH, AND IS IS THAT I, I I, I DO SEE THAT THE, THAT THE APPLICANT IS TRYING TO DO WHAT HE CAN BECAUSE WHEN YOU GO I D Z, YOU, YOU, YOUR LANDSCAPING GETS REDUCED, YOUR PARKING GOES AWAY. THERE'S ALL THESE, YOU DON'T HAVE TO DO PARK LAND. AND BY HIM PROCESSING IT AS IN R FIVE WITH MORE THAN FOUR LOTS, THERE'S OBLIGATION FOR HIM TO DO MUCH MORE COMPLIANCE THAN IF, THAN IF THEY WERE TO PURSUE I D Z. THE ONLY EXCEPTION IS THAT HE HAS THIS ISSUE WITH THE, THIS, THIS, UH, THIRD LEVEL. AND SO, UM, CAN THE APPLICANT SPEAK ON, UH, ARE YOU, ARE YOU, YOU'RE PLANTING TREES IN FULL COMPLIANCE, ARE YOU, ARE YOU PURSUING ANY OTHER VARIANCES, UH, RELATED TO LANDSCAPING OR OTHER PARTS OF COMPLIANCE BEING AN R FIVE ZONE? NO, I THINK YOU'LL SEE THAT WE HAVE INCREASED BEYOND WHAT THE REQUIREMENTS ARE TO TRY TO MAKE THIS AS GREEN AND, AND CONTEXTUALLY SENSITIVE AS POSSIBLE. YOU KNOW, WE LOOKED AT GOING TO THE I D Z, THAT'S OBVIOUSLY THE SIMPLEST, EASIEST THING TO DO. AND WE WERE TOLD THAT THAT WOULD NOT BE, UH, A BIG ISSUE AND THAT WE WOULD BE ABLE TO GET IT APPROVED AND WE COULD BUILD IT AS IS. THE PROBLEM IS WE DISCUSSED THAT WITH THE NEIGHBORS, AND WHAT IT SAYS IS IF THEY ALLOW THE I D Z IN THAT NEIGHBORHOOD, IT OPENS UP THE NEXT GUY THAT WILL NOT HAVE ALL THE SAME RESTRICTIONS ON US, THAT WHAT WE'RE DOING. SO THEY, THEY ASKED US TO GO FOR THE VARIANCE BECAUSE THEY LIKE WHAT WE'RE DOING UNDER, UNDER, LET'S CALL IT THE, THE, YEAH. THE OLD CODE RATHER THAN, UH, THE NEW CODE UNDER THE, THE NEW NINETIES. AND DID YOU, DID YOU GIVE ANY DOCUMENTATION FOR YOUR NEIGHBOR SUPPORT, SIR? YES. ALL NEIGHBORS ARE IN SUPPORT SURROUNDING THE PROPERTY. AND WE HAVE THE CHAIRMAN OF THE, I MEAN THE PRESIDENT WHO WROTE A LETTER, AND WE HAVE, UH, A, A BOARD MEMBER HERE TO REPRESENT THAT. SHE'S, SHE'S GOT A LIST OF ALL THE PEOPLE THAT HAVE SIGNED OFF. YEAH, MR. OR, WE'LL, WE'LL HEAR FROM THE PUBLIC COMMENTARY. AND WE HAD ISSUED FOR THE PUBLIC RECORD A LETTER FROM THE OAK PARK NORTHWOOD NEIGHBORHOOD ASSOCIATION IN SUPPORT OF THE PROJECT MANNA, AND ALSO A, UM, WHAT DO YOU CALL IT? YOUR LIST OF ALL THE PEOPLE THAT SIGNED IT. A PETITION. A PETITION SUPPORT. YEAH, A PETITION. AND SHE WENT AROUND AND MET WITH ALL THE PEOPLE. MANNA. THANK YOU. UH, MR. MANNA. SO CITY, UH, UM, I THINK YOU HAD A NEWER MAP ON THE NOTIFICATION PLAN AND THE, THE ADOPTION. 'CAUSE I THINK I HEARD MORE PEOPLE WERE FOR IT, SO THAN WERE LISTED. IS THAT CORRECT? ON A NOTIFICATION? SO YEAH, I THOUGHT I SAW A MAP THAT HAD MORE CHECK MARKS THAT WERE IN APPROVAL. CAN YOU PULL UP THE, UH, NOTIFICATION MAP? AND ALSO WE DO HAVE ONE PUBLIC SPEAKER FOR THIS. OKAY. SO YEAH, SO, SO, SO, YOU KNOW, SO JUST ONE COMMENT I GUESS I WOULD SAY IS, UM, YOU WERE SUGGESTING THIS AS A MODEL, I THINK, FOR THIS TYPE OF DEVELOPMENT. AND, YOU KNOW, MY PERSPECTIVE IS, YOU KNOW, THAT WAS KIND OF RELAYED BY, UH, YOU KNOW, ANOTHER BOARD MEMBER HERE IS THAT THAT IS NO LONGER THE MODEL THAT'S GONNA BE ACCEPTED, YOU KNOW, I THINK FROM JUST NORMAL, WHAT THE CITY ASKS FOR. AND SO I THINK THAT THE ARCHITECTS WILL HAVE TO FIGURE OUT HOW TO DO THAT CENTER CANOPY IN THE CENTER. YOU KNOW, I THINK THAT'S, YOU KNOW, SO, YOU KNOW, GOING FORWARD I THINK THAT'S GOING TO BE THE REQUIREMENT, YOU KNOW, SO SOME TO WHERE, BUT I THINK FOR THIS ONE, I THINK IT HAS ADDITIONAL DIALOGUE THAT WE JUST NEED TO HAVE WITH REGARDS TO THIS POSITION. THANK, THANK YOU. UH, LET'S SEE. THANK YOU, SIR. LET'S SEE IF WE HAVE ANY PUBLIC COMMENT OR VOICEMAILS FOR THE RECORD. I KNOW WE HAVE SOME, UH, SIGNED UP TO SPEAK, UH, ON THE, ON THE CASE. UH, MRS. UH, PATTY WALLACE. GOOD AFTERNOON. I'M PATTY WALLACE AND I LIVED, UH, TO THE EAST OF THIS DEVELOPMENT AT 2 5 1 EAST SUNSET ROAD. UH, WE ALL, AND I DO REPRESENT, UM, ALL OF THE NEIGHBORS ON EAST SUNSET ROAD, AS WELL AS LAWNDALE KING'S REACH THE CUL-DE-SACS, EVEN SOME ON TARA ALTA. IN SAYING THAT WE REALLY ARE IN FAVOR OF THIS DEVELOPMENT GOING FORWARD. UM, WE, WE REALLY APPRECIATE HOW THE DEVELOPER AND THE ARCHITECTS HAVE WORKED WITH US OVER ALL OF THIS TIME. UH, WE'VE BEEN AT THIS PROPERTY REALLY SINCE 2018, UH, WHEN THE OWNERS, THE ORIGINAL OWNERS FIRST STARTED TO, UH, [01:20:01] LOOK AT SELLING THE PROPERTY. AND SO WE'VE BEEN IN MEETINGS WITH DIFFERENT PEOPLE. AND THEN IN 2019, WHEN MR. STARES PURCHASED THE PROPERTY, UH, WE WERE IN MEETINGS WITH HIM AND HE HAS REALLY GONE OVERBOARD TO WORK WITH US. AS, AS YOU CAN ALL TELL, I REALIZE THIS IS STRICTLY ABOUT GOING FROM THE TWO AND A HALF TO THE THREE STORIES. UM, THE NEIGHBORS, ALL OF THE NEIGHBORS AROUND ARE VERY PLEASED WITH EVERYTHING THAT HE HAS DONE, YOU KNOW, TO MAKE THIS, UM, WORK FOR ALL OF US, ESPECIALLY ON PRIVACY AND THINGS. ONE THING THAT'S BEEN, UM, VERY HELPFUL IS THAT ON SUNSET, THERE'S A HUGE DIP ON, IN THE MIDDLE OF THE ROAD. HIS, UH, DEVELOPMENT IS IN THAT DIP, WHICH EVEN LOWERS THINGS EVEN MORE. SO, I GUESS ON BEHALF OF THE NEIGHBORS AND THE BOARD. UM, I DON'T KNOW IF I CAN THROW MYSELF AT THE MERCY OF THE COURT , BUT WE WOULD TRULY LIKE THIS TO GO FORWARD, UM, AND SEE IT COMPLETED. WE BELIEVE IT'LL BE A GREAT ADDITION TO OUR STREET AND OUR NEIGHBORHOOD. SO, AND I ALSO HAVE THE ORIGINAL PETITION OF THOSE WHO'VE SIGNED IN FAVOR OF ALL THE SURROUNDING HOMES. AND THEN I THINK YOU'VE GOT THE LETTER FROM, UH, GINA FOR THE BOARD. SO ANYWAY, THANK YOU SO MUCH. APPRECIATE IT, MA. MANNA. SO, SO LOOKING AT THIS, UH, THE CURRENT MAP UP HERE, SO THE NEIGHBORING PROPERTY TO THE LEFT, 2, 2, 7, DID YOU BY CHANCE GET TO TALK TO THEM? AND I'M SORRY, WHICH ONE? SO 2, 2 7, WHICH IS THE YES, THE ABUTTING PROPERTY TO THE, UH, WEST HERE ON THIS MAP. OKAY. SO DID YOU HAVE A CHANCE TO TALK WITH THEM AT ALL? OH, UM, I SEE, I THINK I SEE WHO YOU'RE TALKING ABOUT. UM, THAT WOULD BE, UM, I BELIEVE HE, NO, HE'S NOT ON THERE. HE RECENTLY, UM, HAD AN EPISODE. HE HAD A, A STROKE AND HIS WIFE HAD DIED RECENTLY AS WELL. SO RIGHT NOW THERE'S NOBODY LIVING IN THAT PROPERTY AND HIS HEIRS OR HIS SON IS LOOKING AFTER IT. UH, KAPLAN, I HAD JUST A QUESTION TOO. THERE, THERE WAS A, UH, UH, SOMEBODY WHO WAS AGAINST IT ON THE ORIGINAL NOTIFICATION PLAN. THERE WAS ONE IN OPPOSITION, WHO NOW IS FOR IT? THE ONE, UH, MARILYN O'NEILL IN THE BACK. I DON'T KNOW THE NAME. IT'S 1918 EAST LAWNDALE. YES. YES. UM, AND SO I, UH, I HAVE BEEN, LIKE I SAID, SINCE 2018, GOING TO ALL THE NEIGHBORS ABOUT WHAT'S HAPPENING ON THIS PROPERTY. AND, UH, I SPOKE WITH HER AFTER SHE HAD SENT IN THE, UM, HER RESPONSE AND, UH, EXPLAINED MUCH OF WHAT YOU'VE HEARD ALREADY TODAY ABOUT HOW THE ARCHITECTURE, IT'S, IT IS THE ORIGINAL PLAN THAT WE HAD ALL GONE OVER BEFORE. AND WITH THAT IN MIND, SHE WENT AHEAD AND SIGNED THE PETITION FOR. SO, SO WHAT WAS THE ORIGINAL, WHAT WAS THE ORIGINAL OPPOSITION? HER ORIGINAL OPPOSITION WHEN RECEIVING, UH, THE LETTER FROM THE CITY GOING, IT JUST BLANKLY STATES GOING FROM TWO AND A HALF TO THREE STORIES. SO THAT WAS A CONCERN OF IT, YOU KNOW, POPPING WAY UP OR SOMETHING. SO, AND THEN WE EX WE TALKED ABOUT, UM, YOU KNOW, IT'S STILL THE SAME ORIGINAL ARCHITECTURAL PLANS AND, AND SHE WAS FINE WITH THAT. SO THANK YOU MS. KAPLAN. SO THANK YOU, MS. ANY OTHER QUESTIONS FOR, OH, YEAH, SO YOU'VE BEEN TALKING ABOUT THIS SINCE 2018, ? YES. THAT'S WHEN THE ORIGINAL, UH, TWO, OH, THERE'S ACTUALLY TWO PROPERTIES. YEAH. YEAH. AND YOU WERE LOOKING AT THE U D C CODE ALSO FROM THE CITY, WHAT YOU CAN BUILD OR NOT BUILD? UH, WELL, OUR MAIN CONCERN IS KEEPING, UM, IT R FIVE, THE ZONING R FIVE. SO THAT'S WHAT WE'VE BEEN DISCUSSING SINCE 2018. ORIGINALLY THEY HAD WANTED AN I D C ZONING, THE ORIGINAL OWNERS, AND THE, THE STREET WAS PRETTY MUCH BLANKET AND, AND, UM, AGAINST THAT. AND THEN WE WERE, THEY WERE ALSO LOOKING AT R THREE AND R TWO, R FOUR, AND, UH, EVERYBODY WAS IN FAVOR OF A R FIVE. AND THAT'S WHY WHEN THIS HAS COME UP, IF, UH, WE COULD POSSIBLY GET THE R FIVE WITH A VARIANCE THAT WOULD, WE WOULD ALL REALLY APPRECIATE THAT . THANK YOU. THAT, YEAH. BUT YOU KNOW, THEY, THERE WERE THE ORDINANCE OF BEFORE AND THEN THE ORDINANCE THAT TOOK PLACE HERE IN JANUARY, FEBRUARY. RIGHT. THANK YOU MR. UNI. THANK YOU. OKAY, THANK YOU. LET'S SEE, DO WE HAVE ANYBODY ELSE SIGNED UP TO SPEAK, [01:25:01] UH, OF ANY PUBLIC COMMENTS OR THERE'S NO, NO MORE PUBLIC COMMENT. ALRIGHT, AT THIS POINT I'D ASK THE APPLICANT TO COME FORWARD AND PLEASE PROVIDE ANY REBUTTAL OR ANY, ANY, UH, FINAL CLOSING REMARKS? GOOD AFTERNOON. UH, GOOD AFTERNOON. UH, THANK YOU ALL FOR, UH, BEING HERE, AND WE REALLY APPRECIATE YOUR TIME. COULD WE GET YOUR NAME, PLEASE AND ALL YOUR HARD WORK? COULD WE GET YOUR NAME PLEASE FOR THE RECORD? MIC MITCHELL STARNES. YES, SIR, I'M THE OWNER, OWNER OF THE PROPERTY. UM, AND THANK YOU STAFF FOR WORKING ON IT. UM, WE'VE BOUGHT THIS PROPERTY WITH, UM, TURNING IT INTO AN R FIVE BECAUSE WE DID NOT WANT TO GO AGAINST THE FLOW WITH THE NEIGHBORHOOD AND WORKED WITH THE NEIGHBORHOOD FROM DAY ONE WHEN WE BOUGHT THE PROPERTY AND HIRED OVERLAND PARTNERS, UM, TO DESIGN IT TO WHERE EVERYBODY WOULD BE HAPPY AND THE NEIGHBORHOOD WE COULD HAVE GONE IN AND PUT EVEN MORE LOTS AND SIX LOTS. WE ONLY DESIRED TO DO SIX LOTS THERE. SO, SO WE WENT THROUGH, UM, FROM 2018, 2019 WHEN WE PURCHASED IT, THEN WE WENT THROUGH THE COVID, THEN WE WENT THROUGH, UH, EVERYTHING ELSE. AND, UH, WE WORK VERY, VERY CLOSE WITH OVERLAND PARTNERS, WHICH SPENT A LOT OF TIME AND WE'VE SPENT A LOT OF MONEY AND HAVE A HARDSHIP NOW THAT I'VE GOT ALMOST OVER A MILLION DOLLARS OUT OF OUR POCKET ALREADY TWO HOMES SOLD IN THE BACK, TWO LOTS THAT ARE CLOSED AT THE BANK. UM, SO IT'S A BIG HARDSHIP ON US TODAY, WHERE WE'RE AT AND WHERE WE'RE SITTING. AND WE WOULD REALLY APPRECIATE THE BOARD TO CONSIDER TO, UH, TRY TO APPROVE US TO GET THIS TWO AND A HALF STORY, UM, HOMES BUILT AND DONE. AND, UH, WE'VE WORKED VERY, VERY CLOSE WITH THE NEIGHBORHOOD SINCE DAY ONE, SINCE I BOUGHT THE PROPERTY. I WENT AND INTRODUCED MYSELF TO PATTY, WHICH LIVES RIGHT NEXT DOOR, SHOWED 'EM OUR PRODUCT AND THEN WE WENT FROM THERE AND THEY'VE BEEN VERY HELPFUL, HELPFUL. BUT WE ARE IN A BIG HARDSHIP NOW. UH, AND SORRY, WE DIDN'T, YOU KNOW, PICK UP ON THESE RULE CHANGES EARLIER OR WHATEVER, BUT, UM, IT'S WHERE WE'RE AT TODAY, AND THAT'S OUR SAME DESIGN AND PLAN THAT WE STARTED SINCE DAY ONE. SO WHEN STAFF SENT OUT THE LETTER, TOOK THREE STORIES, KIND OF, YOU KNOW, PEOPLE GOT KIND OF A LITTLE, UH, UH, DIDN'T UNDERSTAND, DID NOT UNDERSTAND IT. UM, SO THAT WAS CLARIFIED, UH, THANKS TO PATTY AND, UH, WE'RE IN A, IN A HARDSHIP NOW TO WHERE WE WOULD REALLY APPRECIATE IF WE COULD GET THIS PROJECT DONE. THANK YOU, SIR. LET'S SEE. WE HAVE ANY, YOU HAVE ANY QUESTIONS FOR NONE? OKAY. THAT CLOSES THE PUBLIC PORTION. I'D ASK A MEMBER AND I RECALL, AND I RECALL THAT AFTER ORIAN, YEAH, I, I THINK IT'S ORIAN 'CAUSE WE, OR HE'S PROBABLY GONNA MAKE, UH, COMMENTS AS TO THE BUILDING PLANS AND SPECS AS PART OF THE, UH, APPROVAL, UH, CONSIDERATION FOR THE MOTION, RIGHT? YEAH. DONALD, IS IT OKAY IF DONALD READS THE MOTION? YEP. PLEASE PROCEED. YEAH. REGARD REGARDING, REGARDING CASE NUMBER BO EIGHT DASH 23 DASH 3 42, I MOVE THAT THE BOARD OF ADJUSTMENT, UH, GRANT A REQUEST FOR A HALF STORY VARIANCE FROM THE MAXIMUM TWO AND A HALF STORY HEIGHT TO ALLOW THREE STORIES FOR SIX STRUCTURES, AS IN, AS IN THE SUBMITTED, UH, PLANS AND DOCUMENTS SITUATED AT 2 35 ESCONDIDA WAY APPLICANT BEING ESCONDIDA AT SUNSET L L C BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, YOU FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST, AS IS ONLY A SLIGHT VARIATION FROM THE TWO NF THREE MAXIMUM TWO DUE TO SPECIAL CONDITIONS OF LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP AS IT WOULD REQUIRE THE APPLICANT TO ALTER THE FLOOR PLANS. THREE, BY GRANTING THE VARIANCE IS FEAR 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 INCREASED BUILDING HEIGHT WOULD OBSERVE THE SPIRIT OF THE ORDINANCE AS IT AS IT ONLY EXCEEDS THE MAXIMUM TWO AND A HALF STORIES BY A HALF STORY. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OF IN 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 APPROVAL USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE INCREASED HEIGHT WILL NOT INJURE THE USE OF CONFORMING PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS IT WILL BE LOCATED IN A CUL-DE-SAC. SIX APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANT TO [01:30:01] SAW 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, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY'S LOCATED STAFF FINDS THAT THE APPLY TO THE OWNER OF THE PROPERTY FOR ITS THE INCREASED BUILDING HEIGHT OF SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS A LOCATION. END OF MOTION. SECOND. SECOND, MS. KAPLAN? UH, MS. SO WOULD YOU LIKE TO PROVIDE SOME, SOME, UH, DIALOGUE? YES. UH, I WILL BE SUPPORTING THIS FOR A NUMBER OF REASONS. NUMBER ONE, UH, YOU KNOW, THIS, THIS IS, UH, A PERFECT I D Z SUBMITTAL, BUT THE APPLICANT CHOSE NOT TO DO IT AND, AND NOT BE, UH, DISCOUNTED ANY OF THE BENNY'S THAT COME WITH I D Z SO THAT THEY CAN, THEY CAN FOLLOW THE R FIVE CODE SO THAT THE NEIGHBOR NEIGHBORING PROPERTY IS, IS GETTING, UM, YOU KNOW, THE RIGHT OF WAY DEDICATION, UH, THAT THAT IS SHOWN ON THE PROPOSED PLAT THAT COMMISSIONER ORIAN, I THINK WE LOST AUDIO. MS. KAPLAN, WOULD YOU LIKE TO PROVIDE SOME YEAH, UH, I THINK THAT, OKAY. ONE THING IS I'M A LITTLE DISAPPOINTED THAT YOU, THE BUILDER DID NOT KEEP UP WITH WHAT WAS GOING ON WITH THE ZONING RULES. HOWEVER, I ALSO WILL BE SUPPORTING THIS BECAUSE OF THE EXCELLENT WORK YOU'VE DONE WITH THE NEIGHBORHOOD ASSOCIATION, UH, AND THE, AND ALL OF THE NEIGHBORS MAKING SURE THAT THIS DID NOT, UM, CAUSE ANY HARDSHIPS ON THE NEIGHBORS. AND I THINK WE HAVE TO KEEP THAT IN MIND BECAUSE WE GET SO MANY BUILDERS WHO COME IN AND THE NEIGHBORS ARE ALL UP IN ARMS. SO IT'S NICE TO SEE A DEVELOPMENT THAT HAS BEEN WORKED ON FOR A WHILE AND HAS THE SUPPORT OF EVERYONE IN THE NEIGHBORHOOD. THANK YOU. AND I'LL BE SUPPORTING THE MOTION AS WELL. UM, COMMISSIONER ORIEN READ INTO THE MOTION THAT THE SITE PLAN AND THE PLANS AS, AS PLANNED R PART OF THE RECORD, SO THEY HAVE TO BUILD ACCORDING TO THOSE PLANS. SO THERE'S NO, NO DEVIATION FROM THAT. AND THOSE PLANS ARE WHAT HAVE BEEN REVIEWED AND ACCEPTED BY THE NEIGHBORS WHO ARE ALL IN FAVOR OF THE PROJECT. SO THAT'S WHY I'M SUPPORTING THE MOTION. MS. BRAGMAN, MS. BRAGMAN, MS. BRAGMAN, I'LL BE IN SUPPORT OF THE MOTION AS WELL. I THINK THAT THE, UH, DEVELOPER DID A GOOD JOB OF MEETING WITH THE NEIGHBORS. IT'S BEEN A LONG PROCESS. I, I DRIVE BY THERE A LOT AND I'VE SEEN THAT EMPTY SPACE FOR A NUMBER OF YEARS. BUT THE FACT THAT YOU ALSO, UH, EXCAVATED DOWN, WHAT, SIX OR EIGHT FEET IN ADDITION TO THE FACT THAT THERE IS A DIP THERE IN SUNSET, SO IT REALLY LOWERS IT DOWN IN TERMS OF THE PROFILE COMPARED TO THE, THE NEIGHBORING HOUSES. SO I THINK YOU'VE DONE AN EXCELLENT JOB OF MITIGATING. SO I'LL BE IN SUPPORT, UH, AT THIS TIME. STAFF, DO WE HAVE, UM, COMMISSIONER ORIAN BACK ON THROUGH HIS CELL PHONE OR WHAT SO HE CAN FINISH HIS COMMENTS? MENCHACA. MR. MENCHACA, I ALSO CONCUR WITH MY COLLEAGUES. I THINK THEY DID A PRETTY GOOD JOB OF SCREENING NOT ONLY THE NEIGHBORHOOD, BUT CONCERNING THE PRIVACY ISSUES AND, UH, ALL THE OTHER, UH, ELEMENTS THAT HAD TO DO WITH THE, UH, ENVIRONMENT. VERY THOROUGH. I'D LIKE THE BENEFIT OF ORIAN TO FINISH UP HIS COMMENT. IF WE CAN GET HIM BACK ON. I'M SORRY. UM, COMMISSIONER ORIAN, CAN YOU HEAR US? COMMISSIONER CRUZ? CAN YOU HEAR US? HE'S MUTED. COULD WE REACH OUT TO THEM ON THEIR CELL PHONES? IS THAT, UH, I THINK COMMISSIONER CRUZ IS DIALING BACK IN SOMEBODY. PLEASE DO WE HAVE, UH, STAND. OKAY, MR. YOU COULDN'T HEAR HIM AT ALL? HIM? [01:35:34] COMMISSIONERS, I HAVE, UH, COMMISSIONER ORIAN ON MY CELL PHONE. I'M GONNA PATCH HIM IN THROUGH MY CELL PHONE THROUGH THE SPEAKER. LET'S SEE IF WE CAN GET THAT TO WORK. EXCELLENT. CAN YOU HEAR ME TRY AGAIN. TURN. HEY, CAN YOU HEAR ME? YES. UH, SO WE WANTED TO HAVE YOU FINISH UP YOUR COMMENTS ON YEAH, I JUST WANTED TO SAY THAT, UH, YOU KNOW, IN THIS PARTICULAR CASE, THIS APPLICANT HAS REALLY GONE ABOVE AND BEYOND TO MAKE HIS DEVELOPMENT ACCEPTABLE TO THE NEIGHBORS AND, AND DIDN'T PURSUE I D Z TO GET A LOT OF BENEFIT. AND INSTEAD IS, IS MOVING FORWARD WITH IT AS AN R FIVE, WHICH MAKES IT EVEN MORE BURDENSOME TO THE DEVELOPMENT. UM, AND, AND, UH, I JUST, I'M IN FULL SUPPORT. THAT'S ALL I WANTED TO SAY. THANK YOU. AND THAT CLOSES, UH, I GUESS I FINISHES UP THE COMMENTS. LET'S GO AHEAD AND TAKE A ROLL CALL VOTE PLEASE. MR. OZUNA? YES, I CONCUR. MS. KAPLAN. I CONCUR. MR. SPIELMAN I CONCUR. MR. MENCHACA. I CONCUR. MS. CRUZ. I CONCUR. MR. ZUNIGA. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. VASQUEZ. I CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN. I CONCUR WITH THE FINDINGS OF FACT. ITEM PASSES. YEAH. WITH 10 IN FAVORS. YOU'RE IN OPPOSITION. THE MOTION PASSES. GOOD. CONGRATULATIONS. GOOD LUCK WITH THE PROJECT. THANK YOU. THANK YOU. UH, STAFF, COULD WE, DO YOU WANNA TAKE MAYBE FIVE MINUTES TO TRY TO GET THE IT SITUATION SETTLED? OKAY, LET'S TAKE THE TIME IS 2 45. UH, WE'LL TAKE, LET'S SAY MAYBE A FIVE MINUTE BREAK TO TRY TO GET THE IT AND WE'LL RECONVENE AT TWO 50. THANK YOU. CAN Y'ALL HEAR ME? SURE. AND I CAN, BUT I DON'T KNOW IF THEY CAN. THEY'RE TRYING TO GET SOMETHING GOING. CAN Y'ALL HEAR ME? YES. COMMISSIONERS. WE CAN HEAR YOU. WE ARE ABOUT TO GET STARTED AGAIN. UH, IF YOU COULD JUST GIVE US ONE MORE MINUTE WAIT ON ONE MORE. WE'RE WAITING FOR EVERYONE IN THE ROOM TO GET SETTLED. YEAH, I JUST WANTED TO CHECK. I JUST MOVED MY HEADSET OVER TO MY OTHER COMPUTER. I JUST WANTED TO SEE IF THAT WAS WORK. YOU CAN HEAR ME? WE CAN STILL HEAR YOU. THANK YOU. OH, YES. GOOD TO GO. GOOD AFTERNOON. B O A 23 1 0 3 0 0 0 0 8. ADDRESS IS 56 27 SHERRY STREET COUNCIL. DISTRICT FOUR APPLICANT IS DAVID SHACKLER. A REQUEST FOR ONE, A VARIANCE FROM THE FENCE MATERIALS TO ALLOW A CORRUGATED METAL FENCE IN THE SIDE AND REAR YARDS AND TWO, A TWO FOOT TWO INCH VARIANCE TO THE SIX FOOT HEIGHT LIMITATION TO ALLOW AN EIGHT FOOT, TWO INCH SOLID FENCE IN THE SOLID AND REAR YARDS. HIS ZONING IS R SIX CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED ON SHERRY STREET ALONG OLD PEARSALL ROAD. THE APPLICANT REPLACED AN EIGHT FOOT TALL WOODEN FENCE WITH A CORRUGATED METAL FENCE ON THE SIDE AND REAR YARDS. THE CORRUGATED METAL FENCE AND HEIGHT IS TO ENSURE THE PROPERTY IS SECURED DUE TO PREVIOUS BREAK-INS INTO THE PROPERTY. SINCE THE CORRUGATED FENCE WAS ERECTED, THERE HAVE BEEN, THERE HAVE NOT BEEN ANY BREAK-INS INTO THE PROPERTY. THE PROPERTY HAS A REGISTRATION OF NON-CONFORMING REGISTRAR USE THAT LASTED, THAT'S, THAT WAS UPDATED JANUARY, 2023. UH, SITE PLAN AND YOUR SUBJECT PROPERTY. THE FENCE IS, UH, ON THE REAR OF THE PROPERTY. THIS IS LOOKING INSIDE THE PROPERTY TO THE FENCE, SAME AS WELL INSIDE THE PROPERTY. THIS IS THE REAR OF THE PROPERTY FROM THE OUTSIDE VIEW. AND THIS IS THE FENCE AT THE HIGHEST POINT. [01:40:02] THE SUPPORT. AND THIS IS THE FENCE ON THE SIDE OF THE PROPERTY OUTSIDE LOOKING DOWN THE, THE SIDE OF THE PROPERTY AND THE, THIS IS THE WOOD FENCE IN THE AREA ACROSS THE STREET. RECOMMENDATION, CORRUGATED METAL AND FENCE SITE VARIANCE. STAFF RECOMMENDS DENIAL ON BO O 8 23 1 0 3 0 0 0 8 BASED ON THE FOLLOWING FINDINGS, THERE ARE NO UNIQUE SEPARATE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND TWO UPON SITE VISITS, STAFF DID NOT OBSERVE ANY OTHER CORRUGATED METAL FENCING AND IMMEDIATE AREA NOTIFICATION PLAN, 46 NOTICES WERE MAILED OUT. ZERO IN FAVOR, ZERO IN OPPOSITION. NO RESPONSE FROM PEOPLE ACTIVE IN COMMUNITY EFFORT ASSOCIATION AND NO RESPONSE FROM SOUTHWEST COMMUNITY ASSOCIATION. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE ACCORDING FOR STAFF. QUESTIONS FOR STAFF FIRST? MM-HMM. , UH, IS THERE WAS NO MENTION OF, UH, UH, BILL WITHOUT A PERMIT? YES, SIR. IT WAS, UM, FEBRUARY OF FEBRUARY 15TH, 2023. THERE WAS A CODE COMPLIANCE CITATION ISSUED. ANY OTHER QUESTIONS FOR STAFF? OKAY, AT THIS POINT I INVITE THE APPLICANT TO PLEASE COME FORWARD. HELLO? UH, MY NAME IS DAVID SCHLACHTER. I'M THE OWNER OF THE PROPERTY AND THIS IS SUSANNA CALDER, WHO'S OUR PROPERTY MANAGER. UM, FIRST I FEEL TOTALLY INADEQUATE BECAUSE WE DID NOT BRING A POWERPOINT PRESENTATION AND I SAW THESE BEAUTIFUL PRESENTATIONS IN WHICH WE HAD DONE SOMETHING. UM, BUT I'LL JUST TRY TO GO, UH, OFF THE CUFF. THE BACKGROUND OF THIS PROPERTY IS WE BOUGHT IN ABOUT EIGHT YEARS AGO. EXCUSE ME. YES. GETTING NEAR THE PHONE. YOU GOT IT. WE BOUGHT THE PROPERTY ABOUT EIGHT YEARS AGO, AND AT THE TIME IT WAS 40% VACANT AND THE PEOPLE WHO WERE THERE WERE HIGHLY PROBLEMATIC. UM, UH, WE HAD, THERE WAS CRIME IN THE PARK, THERE WERE GANGS, THERE WERE ALL SORTS OF PROBLEMS. OVER THE LAST EIGHT YEARS, WE'VE INVESTED OVER A MILLION DOLLARS. WE HAVE FILLED UP THE PROPERTY. IT'S NOW 100% OCCUPIED. WE HAVE GOOD, HARDWORKING LAW ABIDING CITIZENS LIVING IN OUR COMMUNITY. AND ONCE WE GOT EVERYTHING RIGHT-SIDED MM-HMM. , THE ONE COMPLAINT THAT WE KEPT GETTING FROM RESIDENCES. LISTEN, THERE ARE CONSTANT BREAK-INS FROM A NEIGHBORING COMMUNITY. UM, ON, UH, YOU CAN SEE VAN ROAD IS RUNNING ALONG ONE OF THE PERIMETERS OF THE PROPERTY. SO THAT WHOLE NEIGHBORHOOD, THERE ARE SOME FOLKS LIVING BACK THERE WHO ARE RELENTLESSLY BREAKING INTO OUR COMMUNITY. THEN ON THE SIDE, FACING THE BOTTOM OF, OF THE SCREEN, UH, THERE'S A, A HOMELESS ENCAMPMENT THAT KEEPS OH, THANK YOU. UM, THERE'S A, A HOMELESS ENCAMPMENT THAT KEEPS POPPING UP RIGHT HERE. AND WE HAVE FOLKS, UH, BREAKING IN THROUGH THIS FENCE TO GET INTO THE COMMUNITY. THE EXPERIENCE OF RESIDENTS LIVING OUR COMMUNITY IS THAT THEY HEAR STUFF IN THE MIDDLE OF THE NIGHT. THEY COME OUTSIDE, THEY MAY SEE SOMEBODY RUNNING THROUGH A HOLE IN THE FENCE. THEY BREAK PICKETS OFF THE FENCE TO ACCESS IT. THEY'RE STEALING LAWNMOWERS. THEY'RE, THEY'RE HOME INVASIONS. THERE'S ALL SORTS OF PROBLEMS. WE HAVE A GREAT RELATIONSHIP WITH THE POLICE. WE'VE BEEN WORKING WITH THE POLICE FOR FOUR OR FIVE YEARS TRYING TO DO WHATEVER WE CAN TO INCREASE PATROLS. UM, WE SET UP A, A, YOU KNOW, NEIGHBORHOOD WATCH, NEIGHBORHOOD ASSOCIATION. EVERYTHING WE'VE TRIED WITHIN OUR POWER, WE HAVEN'T BEEN ABLE TO DO. SO WE DID ACTUALLY INCREASE THE FENCE SIZE. WE OBTAINED A VARIANCE, I DON'T KNOW, MAYBE SIX, FIVE OR SIX YEARS AGO TO GO FROM A SIX FOOT WOODEN FENCE TO AN EIGHT FOOT WOODEN FENCE. THAT HELPED FOR A WHILE. AND THEN THE PICKET STARTED RIPPING OFF. THE HOLES WOULD SHOW UP AND PEOPLE WOULD COME THROUGH. SO WE SAID, LOOK, WE HAVE TO DO SOMETHING TO PROTECT OUR RESIDENTS BECAUSE THE POLICE ARE UNABLE TO, UM, OUR OWN COMMUNITY MEMBERS ARE UNABLE TO. SO WE HIRED A PROFESSIONAL FENCE BUILDER, NOT JUST SOME RANDOM PERSON OFF THE STREET. UM, WE NEGOTIATED A CONTRACT OVER A COUPLE OF MONTHS, AND THE FIRST THING WE ASKED IS, DO WE NEED A PERMIT TO DO THIS JOB? AND IN THE CONTRACT IT SAYS, SA QUALITY FENCE LIMITED SHALL ADVISE CUSTOMER AS TO LOCAL ZONING REGULATIONS. THIS IS THEIR WHEELHOUSE, NOT OURS. AND, UH, THEY TOLD US, BECAUSE YOU ARE JUST REPLACING MATERIALS AND NOT ERECTING A NEW FENCE. NO, YOU DON'T NEED A PERMIT. SO HE SAID, OKAY, PROCEED. THEY GO AND THEY BUILD THIS FENCE. UH, THE IMMEDIATE FEEDBACK THAT WE HAD FROM THE NEIGHBORHOOD BEHIND US WAS ABSOLUTELY NOTHING. AND I THINK YOU NOTICE LIKE IF THIS ISN'T, UH, YOU KNOW, A CONFIRMATION OF COMPLETE APATHY BY THE NEIGHBORHOOD, I DON'T KNOW WHAT IS. THERE WASN'T ONE SINGLE RESPONSE FROM ANYBODY. UM, THE RESPONSE FROM OUR TENANTS WAS, THANK YOU. FINALLY, FOR THE FIRST TIME THAT WE HAVE EVER LIVED HERE, WE HAVE HAD NO BREAK-IN SINCE THE FENCE WAS COMPLETED. SO WE WERE CONGRATULATING OURSELVES SO HAPPY, WE FEEL LIKE WE'VE SAVED THE NEIGHBORHOOD. WONDERFUL. AND THEN ABOUT, I DON'T KNOW, TWO, THREE MONTHS LATER, WE GOT A NOTIFICATION FROM A CODE ENFORCEMENT OFFICER SAYING, YOU HAVE TWO WEEKS TO TAKE THE FENCE DOWN. WE SAID, WHAT ARE YOU TALKING ABOUT? THEY SAID, WELL, IT WAS BUILT WITHOUT A PERMIT. WELL, WHAT DO YOU MEAN? I, I [01:45:01] THOUGHT WE DIDN'T NEED A PERMIT. NO, IT SAYS IN SUBSECTION, WHATEVER. LOOK, AGAIN, NOT MY WHEELHOUSE. WE SHOWED THEM THE CONTRACT THAT WE HAD. WE CALLED THIS COMPANY. THEY SAID DIDN'T REALLY HAVE A GOOD RESPONSE, THEY JUST WENT AHEAD AND BUILT IT. SO LOOK, I UNDERSTAND THAT THE STAFF PUTS PLANS IN PLACE FOR A REASON. THERE PROBABLY IS A GOOD REASON WHY METAL FENCES AREN'T ALLOWED. I DON'T KNOW WHAT THAT REASON IS. I'M GONNA ASSUME IT'S A GOOD REASON. BUT THE REASON THAT THIS BODY EXISTS IS BECAUSE THEN YOU HAVE THE PUBLIC DOING THINGS. WEIRD THINGS HAPPEN AND WE COME AND WE TRY TO EXPLAIN OUR CASE AND, AND GET SOME KIND OF LENIENCY. UM, HAD I KNOWN THAT WE'D NEEDED A PERMIT, OF COURSE I WOULD'VE APPLIED FOR A PERMIT. HAD I KNOWN THIS WAS NOT AN ALLOWABLE MATERIAL, OF COURSE I WOULDN'T HAVE SPENT $70,000 ON A MATERIAL THAT WOULD BE ASKED TO GET TAKEN DOWN. OUR ONLY OBJECTIVE IS TO PROTECT THE INTEGRITY OF THE COMMUNITY FROM NEIGHBORING THIEVES. AND WE WERE ABLE TO ACCOMPLISH THAT. IT WORKS. WE HAVE, UH, YOU KNOW, ALTHOUGH WE DIDN'T HAVE A POWERPOINT PRESENTATION, WE THOUGHT WE WERE BEING RESPONSIBLE BY GOING AROUND TO OUR TENANTS IN THE LAST COUPLE DAYS. WE HAVE FIVE LETTERS, UH, THAT I'M HAPPY TO DISTRIBUTE THANKING US SAYING FOR THE FIRST TIME WE'RE NOT BEING BURGLARIZED. UM, YOU CAN SUBMIT THOSE FOR THE PUBLIC RECORD. OH, OKAY. GREAT. UH, I'M MOVED TO SUBMIT THESE TO THE PUBLIC RECORD. THANK YOU VERY MUCH. UM, AND WE'RE HAPPY TO ANSWER ANY QUESTIONS. THANK YOU SO MUCH FOR HEARING US OUT. THANK YOU. LET'S SEE IF WE HAVE ANY QUESTIONS FROM THE BOARD. OKAY. MANNA QUESTIONS, MR. MANNA. SO, SO ONE OF THE, ONE OF THE REASONS WHY THEY TALK ABOUT DEFENSE, YOU KNOW, FENCE MATERIAL IS THAT, UM, WE DON'T WANT ANYBODY TO GET HURT. YOU KNOW, IS IS ONE OF THE EXAMPLES. AND SO ONE OF THE THINGS ABOUT CORRUGATED METAL IS THAT IT LEAVES A VERY SHARP EDGE THAT IS ABLE TO INJURE PEOPLE BOTH ON THE TOP BOTTOM AND THE TOP. AND SO ONE OF THE THINGS THAT WE'VE SEEN IN THE PAST IS, UH, PEOPLE CAP THEM. MM-HMM. . SO PUT A CAP ON THE TOP AND THE BOTTOM. AND SO, SO IN THE PICTURES THAT I SAW HERE, UM, THAT WERE PROVIDED, I DID NOT SEE A CAP ON THE TOP OR BOTTOM. SO THERE'S NOT ONE. AND WE'D BE MORE THAN HAPPY TO ACCOMMODATE THAT. SO IT MAY BE GOOD TO, UM, STATE THAT FOR THE RECORD FROM A PUBLIC PERSPECTIVE OF YES. I'M, I, YES. I WOULD LIKE TO, YOU KNOW, ADD A CAP ON THE TOP AND THE BOTTOM, YOU KNOW, SO THAT WAY, YOU KNOW, THAT MAY SWAY SOME OF THE PEOPLE HERE ON THE BOARD. RIGHT. AMEND. AMEN. YOUR APPLICATION TO INCLUDE A CAPPING THE TOP AND THE BOTTOM OF THE, UH, CORRUGATED METAL. YES, I'D BE HAPPY TO DO THAT. WELL, IF YOU COULD JUST STATE IT. OH, I HEREBY STATE THAT I WILL BE ELATED TO PUT A SAFETY CAP AND BOTTOM SO THAT NOBODY GETS HURT. WE DON'T WANT ANYBODY TO GET HURT BY OUR FENCE. UH, THAT'S, THAT'S THE MOST, UH, EMPHATIC, UH, MOTION I'VE HAD ALL DAY. . ANY OTHER QUESTIONS FOR THE APPLICANT? UH, MR. YES, I HAD A QUESTION. UH, IN SLIDE 29, IT LOOKS LIKE THERE'S A FIRE HYDRANT THAT IS INSIDE THE FENCE. YEAH, RIGHT THERE. IS THAT A PROBLEM WITH THE FIRE HYDRANTS LOCATION FOR THE, UH, FIRE DEPARTMENT TRYING TO GET ACCESS TO IT? OH, THAT, THAT FIRE HYDRANT IS ACTUALLY INSIDE. SO THAT'S ON OUR PROPERTY. AND YEAH, SO THAT JUST TO THE RIGHT OF IT, IT'S A LITTLE BIT HARD TO TELL IN THE PICTURE, BUT THAT'S ACTUALLY A GIANT GATE THAT'S THERE SPECIFICALLY FOR THE FIRE DEPARTMENT TO ENTER OUR COMMUNITY. AND THAT FIRE HYDRANT HAS ALWAYS BEEN THERE INSIDE THE FENCE LINE. THERE WAS A FENCE THERE WHEN WE BOUGHT THE PROPERTY. SO LUCKILY IT'S NEVER HAD TO BE USED. BUT I DON'T THINK IT'S A PROBLEM. I KNOW IT'S THERE FOR A USE. YEAH. . THANK YOU MR. SPIELMAN. ANY OTHER QUESTION? MACHACA, MR. MACHACA? I'M GLAD MY COLLEAGUE BROUGHT UP THE BOARDS ON THE TOP OF THE FENCE. 'CAUSE IT LOOKS LIKE AT THE END YOU HAVE A ELEMENTARY SCHOOL OR A SMALL SCHOOL AT THE END WHERE KIDS GO BY THAT FENCE. SLIDE 34. YEAH. UH, THERE'S ACTUALLY, THERE'S NO LIKE, LEGAL WAY TO ACCESS THE SCHOOL FROM THAT DITCH AREA WHERE THE FENCE IS, WHICH IS CURRENTLY A HOMELESS ENCAMPMENT. UM, SO PEOPLE I'M SURE DO OCCASIONALLY WALK THROUGH THE HOMELESS ENCAMPMENT, BUT IT'S, THEY'RE TRESPASSING ON PRIVATE PROPERTY. IT'S NOT A, A PUBLIC RIGHT OF WAY. THANK YOU, MR. MACHACA. ANY OTHER QUESTIONS FOR THE APPLICANT? ANY PUBLIC COMMENT OR VOICEMAIL STILL BE READ IN FOR THE RECORD? NO PUBLIC COMMENT. MR. APPLICANT, WOULD YOU LIKE TO PROVIDE ANY MORE INFO EMPHATIC, UH, REBUTTAL TO NO. I, I JUST, I REALLY APPRECIATE THIS PROCESS AND I THANK YOU FOR YOUR TIME. THANK YOU. WELL THAT WILL CLOSE THE PUBLIC PORTION. I'D ASK A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION BRAGMAN MS. BRAGMAN, REGARDING CASE NUMBER BO O A DASH TWO THREE DASH 0 3 0 0 0 8. I MOVE TO THE BOARD OF ADJUSTMENT GRANT OR REQUEST FOR ONE OF VARIANCE FROM THE FENCE MATERIALS TO ALLOW A CORRUGATED METAL FENCE IN THE SIDE AND REAR YARDS WITH CAPS ON THE TOP AND THE BOTTOM TO A TWO FOOT, TWO INCH VARIANCE TO THE SIX FOOT HEIGHT LIMITATION TO ALLOW AN EIGHT FOOT, TWO INCH SOLID FENCE IN THE SIDE AND REAR YARD [01:50:01] SITUATED AT 5 6 2 7 SHERRY STREET. APPLICANT BEING DAVID SLATER BECAUSE OF THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH, THERE ARE LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE APPLICANT IS REQUESTING AN EIGHT FOOT, TWO INCH CORRUGATED METAL FENCE WITH CAPS ON THE TOP AND THE BOTTOM ALONG THE SIDE AND REAR YARDS. THE CORRUGATED METAL FENCE AND HEIGHT IS TO ENSURE PROPERTY, THE PROPERTY IS SECURED DUE TO PREVIOUS BREAK-INS INTO THE PROPERTY. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD, WOULD MEAN THE FENCE MAY ONLY BE INSTALLED AT SIX FOOT IN HEIGHT AND WITH APPROVED FENCE MATERIALS, THE SITE REQUIRES ADDITIONAL SECURITY LEADING TO AN UNNECESSARY HARDSHIP SHOULD THE VARIANCE BE DENIED. 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 THE EXACT LETTER OF THE LAW. THE FENCE WILL ONLY BE LOCATED ALONG THE SIDE AND REAR YARDS AND IT'S BEING REQUESTED TO PROVIDE SECURITY FOR THE PROPERTY. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE PROPOSED EIGHT TWO INCH CORRUGATED FENCE, UH, WITH CAPS ON THE TOP AND THE BOTTOM IN THE SIDE AND REAR YARDS, WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY AS THE 8 2 8 2 INCH FENCE WILL PROVIDE SECURITY FOR THE PROPERTY AND RESIDENCE. SIX OF THE PLIGHT OF THE OWNER OF THE PROPERTY, WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS SUPPLY TO THE OWNER OF THE PROPERTY, WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE EIGHT FOOT TWO INCH CORRUGATED FENCE WILL PROVIDE SECURITY FOR THE PROPERTY AND OF MOTION. SECOND. A SECOND, UH, WOULD YOU LIKE TO PROVIDE AS A COMMENT, MR. COR? YEAH. SO I'LL BE IN SUPPORT OF THE MOTION AS, UH, AMENDED, UH, WITH THE CAPS ON THE TOP AND THE BOTTOM. I THINK THAT'LL, UH, ANSWER THE SAFETY ISSUES WHEN IT COMES TO THE, UH, FENCING MATERIAL. UM, AND CERTAINLY UNDERSTAND NEEDING ADDITIONAL SECURITY FOR THE NEIGHBORHOOD. AND THAT'S A HUGE EXPENSE TO FENCE THAT LONG AREA. UM, SO I COMMEND YOU FOR DOING THAT AND THANK YOU FOR BEING SO EMPHATICALLY IN ENTHUSIASTIC ABOUT PROVIDING THE CAPS ON THE TOP AND THE BOTTOM. SO I'LL BE IN SUPPORT OF THE MOTION, MR. KAPLAN. AND I AGREE. THANK YOU MAN, MR. MANON. AND I'LL ALSO LIKE THE CITY TO RECOGNIZE, UH, ESSAY QUALITY FENCE AS VIOLATING CODE. SO, UM, ALRIGHT, LET'S TAKE A ROLL CALL. VOTE MS. BREGMAN. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. MANCHACA. I CONCUR. MS. CRUZ I CONCUR. MR. ZUNIGA. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. VESQUEZ. I CONCUR. MR. UNA. CHAIR ORIAN I CONCUR WITH 10 ZERO OPPOSITION. THE, UH, VARIANCE WITH AMENDMENTS PASSES. GOOD LUCK WITH THE PROJECT. NEXT CASE PLEASE. HELLO, GOOD AFTERNOON. UH, TODAY WE HAVE BO O A CASE BO O EIGHT DASH 23 DASH 1 0 3 0 0 0 2 0. UH, ADDRESS AT 10 16 WEST LOW WOOD, UH, LOCATED IN CITY COUNCIL DISTRICT ONE, UH, APPLICANT'S NAME IS ASHLEY WILLIAMS. THE REQUEST HERE IS FOR ONE, A VARIANCE FROM THE FENCING DESIGN STANDARDS AS DESCRIBED IN THE BEACON HILL NEIGHBORHOOD CONSERVATION DISTRICT. UH, TO ALLOW FENCING OR GATE STRUCTURES ACROSS THE DRIVEWAY IN THE FRONT YARD AND TO A ONE FOOT SIX INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEARANCE VISION REQUIREMENT TO ALLOW A FENCE TO BE 13 FEET SIX INCHES FROM THE FRONT DRIVEWAY. UH, ZONED R SIX AND C D FIVE. THE SUBJECT PROPERTY IS LOCATED ALONG WEST LOWELL AVENUE, SOUTH OF WEST HILDENBRAND. APPLICANT PURCHASED A HOME NOT KNOWING THAT SOME RENOVATIONS THE SELLER SLASH CONTRACTOR HAD DONE WERE IN VIOLATION OF THE BEACON HILL N C D. THE ISSUE AT HAND WAS THE VIOLATION OF THE [01:55:01] BEACON HILL NEIGHBORHOOD CONSERVATION DISTRICT TO ALLOW FENCING OR GATE STRUCTURES ACROSS THE DRIVEWAY IN THE FRONT YARD, TRIGGERING A ZONING U D C INVESTIGATION. UH, UPON SITE VISIT STAFF OBSERVE THE FENCE OVER THE DRIVEWAY, ALSO TO BE IN VIOLATION OF THE 15 FOOT CLEAR VISION REQUIREMENT. THAT IS THE SITE PLAN AND JUST, UH, PHOTOS OF THE SUBJECT PROPERTY WITH THE FENCE ACROSS THE DRIVEWAY. THOSE ARE JUST HOMES ON THE EAST AND THE SOUTH. SO STAFF RECOMMENDATION ON THE BEACON HILL N C D FOR FENCING ACROSS THE DRIVEWAY. STAFF RECOMMENDS DENIAL. UH, BASED ON THE FOLLOWING FINDING OF FACTS, THE NEIGHBORHOOD CONSERVATION DISTRICT STANDARDS WERE CREATED TO PROJECT UNIFORMITY IN THE NEIGHBORHOOD. UH, STAFF'S RECOMMENDATION WITH CLEAR VISION STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING, FINDING FACTS, UH, ONE ENOUGH ROOM EXISTS TO SAFELY DRIVE OUT OF THE DRIVEWAY. UH, TWO WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. UH, 29 NOTICES WERE MAILED OUT. ZERO. COME BACK IN FAVOR, ZERO IN OPPOSITION. UH, THE BEACON HILL NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION. AND, UH, YEAH, THAT CONCLUDES THIS PRESENTATION. APPLICANT IS HERE. THANK YOU MR. MANNA. MAN. SO DID THE CITY, UH, DID WE RECEIVE, UM, A WRITTEN NOTIFICATION FOR BEACON HILL'S POSITION SO WE CAN SEE IT? OR IS IT JUST A BLANKET IN OPPOSITION? LET'S GO UP ONE MORE SLIDE. WE'LL PUT IT UP ON THE SCREEN. SO WHILE THEY'RE GETTING ALL THIS LOADED UP, I'LL JUST GO OVER THE FACTS OF THE CASE. IS IT TIME FOR THAT? NOT YET, NO, MA'AM. OH, OKAY. NOT YET. ACTUALLY WE'RE STILL, WE'RE STILL QUESTIONING STAFF. UM, WE'RE SEEING IF THE BOARD MEMBERS HAVE ANY QUESTIONS FOR THE STAFF. I'M SORRY, IT'S NOT IN THAT STACK. IT WAS JUST IN MY EMAIL. OH, WHILE THEY'RE DOING THAT. ANY OTHER QUESTIONS FOR STAFF? ANY OTHER QUESTIONS FOR THE STAFF'S PRESENTATION? OH, I CAN, BUT, OKAY. ALRIGHT. ALRIGHT, MR. MANNA, DID YOU HAVE ANY OTHER QUESTIONS OR, OKAY, AT THIS POINT WE'D ASK THE APPLICANT TO PLEASE COME FORWARD. SORRY ABOUT THAT. UH, STATE YOUR NAME FOR THE RECORD PLEASE. HELLO, MY NAME'S ASHLEY WILLIAMS AND I MOVED IN AT 10 16 WESTWOOD IN MARCH OF 2022. AFTER THE HOW WAS HOUSE WAS EXTENSIVELY REMODELED AND ADDED ONTO, UM, IT WAS BUILT WITH A WROUGHT IRON FENCE AROUND THE FRONT YARD THAT CROSSES THE DRIVEWAY. AS YOU ALL SAW, MANY HOUSES IN THE NEIGHBORHOOD HAVE GATED YARDS. I WAS TOLD THAT THE HOUSE, UH, I WAS NOT TOLD THAT THE HOUSE WAS IN A BEACON HILL NEIGHBORHOOD CONSERVATION DISTRICT. WHEN I MOVED IN. UM, THE FENCE WAS ACTUALLY PERMITTED IN JANUARY OF 2021, WELL OVER A YEAR BEFORE I, OR MOVED IN. UM, AND WAS NEVER REPORTED AS A VIOLATION UNTIL THREE MONTHS AFTER I MOVED IN, AFTER I WAS VISITED BY THE N C D UM, THE FENCE DOES NOT OBSTRUCT ANY VIEW FROM THE YARD TO NEIGHBORS AND, AND THEIR YARDS, WHICH WAS THE IN ORIGINAL INTENT OF THE RULE ABOUT GATES. WHEN I WENT BACK AND RESEARCHED THE N C D, UM, I'VE FILED FOR AN EXCEPTION WITH THE CITY SO THAT I CAN KEEP MY EXISTING FENCE THAT PROVIDES EXISTING OR EXTRA SECURITY AND ROOM FOR MY DOGS. ADDITIONALLY, THE, UM, THE DESTROYING OF THE FENCE THAT ALREADY EXISTS IS GONNA CREATE A BUNCH OF ADDITIONAL CONSTRUCTION AND WASTE AND JUST, IT, IT'S UNNECESSARY TO MOVE IT, FROM MY OPINION. UM, ALL THE NEIGHBORS THAT I CONTACTED, UM, YESTERDAY APPROVED OF THIS, AND THE ONLY OPPOSITION IS FROM THE N C D, UM, ADDRESSING THE SECURITY CONCERNS. I TRAVEL EXTENSIVELY FOR WORK AND THE FENCE PROVIDES ADDITIONAL SECURITY WHILE I'M AWAY. ADDITIONALLY, THERE'S A HIGH LEVEL OF CRIME TRAFFIC ON THE CORNER WHERE I LIVE. THIS MIGHT [02:00:01] BE DUE TO THE CLOSE PROXIMITY OF MO, MAJOR THOROUGHFARES OF HILDEBRAND BLANCO AND I 10. UH, JUST LAST NIGHT, THREE 20 AROUND MIDNIGHT, THERE WERE FOUR AUDIBLE GUNSHOTS FIRED THAT WERE HEARD FROM MY HOUSE AND WOKE US UP. UM, AND THEN A POLICE HELICOPTER CIR CIRCLED THE NEIGHBORHOOD ALL NIGHT. THESE ARE, YOU KNOW, THIS IS JUST STUFF THAT HAPPENS IN THE NEIGHBORHOOD. UM, BUT, UH, AS I WAS INTERVIEWING NEIGHBORS THAT LIVE AT THE END OF THE STREET YESTERDAY, THEY CITED THAT SOMEONE WAS BEING CHASED BY THE POLICE CAME INTO THEIR YARD, LOOKED INTO THEIR WINDOW BEFORE THEY WERE SCARED AWAY. UM, AND THIS IS WHY THEY BUILT THEIR FENCE THAT ENCLOSES THEIR FRONT YARD. UM, AFTER RETURNING HOME FROM A LONG TRIP ON FEBRUARY 19TH, I CAUGHT UP WITH MY NEIGHBOR FROM ACROSS THE STREET. HE MENTIONED THE INCREASED POLICE ACTIVITY AT LOW WOOD AND GRANT AVENUE. UM, SINCE THESE HOUSES NEXT TO ME HAVE BEEN VACANT, WHICH ARE ON THE MAP, UM, THE NEIGHBOR AT THE CORNER WHO BUILT THE FENCE ACTUALLY TOLD ME THAT SHE'S THE ONE THAT'S BEEN CALLING THE POLICE ABOUT THE INCREASED ACTIVITY IN THESE HOUSES. ON THE AFTERNOON OF, UH, FRIDAY, FEBRUARY 20TH, 20TH, MY MOTHER CAME INTO THE HOUSE TERRIFIED WITH THE DOG. SHE INSTRUCTED ME TO LOCK ALL THE DOORS. AS I WAS LOCKING THE FRONT DOOR, I WITNESSED A POLICE OFFICER PULL HIS GUN ON A SUSPECT THAT WAS RUNNING DOWN THE STREET DIRECTLY IN FRONT OF MY HOME. THE PERSON COULD HAVE RUN STRAIGHT INTO MY HOUSE IF NO FENCE WAS PRESENT. ALL THE NEIGHBORS THAT WERE ALSO ON THE STREET, UM, THAT I TALKED TO YESTERDAY, WERE ALSO VERY TERRIFIED BY THIS AS IT TOOK THE POLICE, I DON'T KNOW, BETWEEN 15 AND 30 MINUTES TO FIND THIS AS SILENT. UM, THERE WERE, OVER THE COURSE OF THE NEXT HOUR, AT LEAST SIX POLICE VEHICLES RESPONDED AS BAGS AND BAGS OF TOOLS, AND MANY BACKPACKS WERE UNLOADED FROM THE CAR. I LOVE MY NEIGHBORHOOD, AND MOST OF THE NEIGHBORS THAT LIVE THERE HAVE LIVED THERE 10 TO 30 YEARS. BUT THEY ALL ACKNOWLEDGE THE SECURITY CONCERNS AND THEY HAVE NO OBJECTIONS TO THIS FENCE. UM, THEN GOING TO THE N C D, UM, SO MY FIRST ATTEMPT AT SOLVING THIS ISSUE WAS WITH THE BEACON HILL N C D. DURING THE 7 25 20 22 MEETING, I WAS ABLE TO FIND A PUBLIC LINK TO THEIR VIRTUAL MEETING. SO I SENT A CONTACT REQUEST TO THE SITE, WHICH BOUNCED BACK. THIS BROUGHT ME TO THE QUESTION, THE, THE ACCESSIBILITY AND EQUITY OF THE NCDS OPERATION IN EXISTENCE. THE NEWSLETTER HAS BEEN DELIVERED TO ME SINCE I MOVED IN IN MARCH OF 2022. SEVERAL OF MY NEIGHBORS ARE EXCLUSIVELY SPANISH SPEAKERS, WHICH IS COMMON IN SAN ANTONIO. I NOTICED THAT THE NEWSLETTER WAS NOT OFFICE OFFERED IN SPANISH, AND I ASKED MY SPANISH SPEAKING NEIGHBORS IF THEY WERE RECEIVING THE NEWSLETTER. THEIR ANSWER WAS NO. I WAS EVENTUALLY GIVEN A LINK TO ACCESS THE MEETING, BUT I WAS SO UPSET ABOUT THE ACCESSIBILITY OF THE MEETING AND MATERIALS. THIS DOMINATED THE CONVERSATION. THEIR EXCUSE FOR NOT DELIVERING TO MY NEIGHBORS WAS THAT THEY CAN'T REACH EVERYONE ALL THE TIME IF THEY CAN'T DO THAT BASIC THING. THE N C D IS INEQUITABLE THE SAME HOUSES WERE BEING DELIVERED TO AND SKIPPED ON A REGULAR BASIS, WHICH FOR ME, MADE ME QUESTION THE VALIDITY OF THE COMMUNICATIONS PROCESS. WHEN THE N C D WAS CONCEIVED, AS WELL AS WHENEVER ANY RULES WERE IFIED ADDED OR MODIFIED. THE PRESIDENT AT THE TIME, DANIEL HUBING ALSO SIGNED THAT LETTER. AND I QUOTE SAID, PEOPLE WHO CARED ENOUGH RESPONDED WHENEVER WE WERE CREATING THESE RULES, ESPECIALLY IN THE TIME BEFORE C OVID 19 AND THE REVOLUTION OF VIRTUAL MEETINGS, THESE CONVERSATIONS WERE EVEN LESS ACCESSIBLE TO THE PUBLIC, AND THEY HAD TO BE INTENDED IN PERSON. THE ATTITUDE THAT PEOPLE WHO DON'T HAVE THE TIME TO RESPOND OR DIDN'T EVEN KNOW THERE WAS A PLACE TO BE HEARD AS DIDN'T CARE, WAS HIGHLY OFFENSIVE TO ME. THE OUTCOME OF THAT CONVERSATION WAS THAT THEY WOULD DO BETTER IN MAKING THE MATERIALS AVAILABLE TO EVERYONE. THEY SUGGESTED THAT I HELP WITH DISTRIBUTION. I NEVER RECEIVED A FOLLOW-UP TO GET INVOLVED WITH THE N C D. THEY REFERRED ME TO THE ZD COMMITTEE TO APPLY FOR AN EXCEPTION. I NEVER RECEIVED ANY INFORMATION FROM THE N C D OR SUSAN B ABOUT THE ZD OR PARTICIPATING IN THE COMMITTEE. ONCE AGAIN, THEY PROVIDED FALSE INFORMATION OF THIS MATTER SHOULD HAVE BEEN BROUGHT TO THE ATTENTION OF THIS BOARD OF ADJUSTMENTS, NOT TO TO THE ZD COMMITTEE. I WAS NOT MADE OF AWARE OF THE BOARD OF ADJUSTMENTS PROCESS UNTIL I WENT TO A HEARING REGARDING THE FENCE. ON MONDAY, NOVEMBER 28TH, 2022, A GOOGLE SEARCH FOR SAN ANTONIO ZED COMMITTEE AUTO RES CORRECTS FOR SAN ANTONIO ZOO COMMITTEE. SO ALL SEARCH RESULTS ARE RETURNED FOR THE ZOO. IF YOU CORRECT THE SEARCH ENGINE TO SEARCH SPECIFICALLY FOR SAN ANTONIO Z COMMITTEE, IT DOES NOT RETURN ANY RELATED RESULTS. ONCE AGAIN, THE INFORMATION PROVIDED BY THE N C D WAS NOT ACCESSIBLE. THE N C D OH, AFTER THIS ADDITIONAL SOUR INTERACTION WITH THEM, I DID NOT PURSUE ANY FURTHER COMMUNICATION OR SUPPORT WITH THEM REGARDING THE FENCE. THE N C D HAS SINCE JUST STARTED DELIVERING TO MY NEIGHBORS. I HAVE RECEIVED THE NEWSLETTERS VIA EMAIL ON A MONTHLY BASIS, BUT WHEN I VISITED THE, UH, BEACON HILL, UM, WEBSITE TODAY [02:05:01] AT 9:45 AM UH, THERE WAS STILL NOT AN INTUITIVE OPTION TO TRANSLATE THE WEBPAGE TO SPANISH OR TO RECEIVE THE NEWSLETTERS IN SPANISH. THE NEWSLETTERS FROM FEBRUARY AND MARCH OF 2023 ARE THE ONLY ONES THAT I WENT BACK TO LOOK AT TODAY, BUT THERE'S NO MENTION OF THE OPTION OF TO RECEIVE THE INFORMATION IN SPANISH. UM, THEY ALSO CITED THIS MEETING AS 3 28, WHICH IS NOT TODAY. THIS SHOWS GROSS NEGLIGENCE IN THEIR ATTENTION TO DETAIL. ONCE AGAIN, UM, I RECEIVED NEIGHBOR SUPPORT, UM, WITH THEIR SIGNATURES, WHICH I'VE PROVIDED TO YOU ALL. UM, A TOTAL OF 11 OUT OF 18 OF THE PROPERTIES RESPONDED. I HAD SIX, UM, I HAD 15 PEOPLE WHO SIGNED. WE HAD A COUPLE OF PEOPLE WERE LIKE, I WANT BOTH OF OUR NAMES ON THIS, UH, PETITION. AND, UM, ULTIMATELY SIX OUT OF THE, I PROVIDED THE LETTER IN ENGLISH IN SPANISH, SIX OUT OF THOSE 15 PEOPLE FILLED IT OUT IN SPANISH. SO THAT JUST SHOWS YOU HOW, YOU KNOW, THE ISSUES THAT I HAVE WITH THIS, UH, N C D IN THEIR COMMUNICATIONS. UM, OTHER NOTES ABOUT SUSTAINABILITY. I ALREADY MENTIONED THAT IT'S GONNA CREATE A NECESSARY NON COMPOSTABLE WASTE OF WROUGHT IRON AND CONCRETE WOULD, UM, BY HAVING THE FENCE REMOVED AND RECONFIGURED IN ADDITION TO TEARING UP THE EXISTING YARD. UM, ADDITIONALLY, THERE'S NO FORMAL REVIEW OF PLANS OR INSPECTIONS FOR N C D FENCES. THIS IS BROUGHT UP IN THE APPLICATION PROCESS, BUT IT IS TOTALLY ON THE ONUS OF THE CONTRACTOR TO APPLY WITH THOSE RULES. UM, KEITH URBAN WAS THE CONTRACTOR IN THIS CASE. HE LIED ABOUT COMPLIANCE AND THERE'S NO RECOURSE IN THE CITY OF SAN ANTONIO FOR CONTRACTORS THAT LIE ABOUT COMPLIANCE. UM, THE U C D WAS CITED IN THE TICKET FROM THE ISSUING OFFICER, NOT THE N C D I CALLED TO GET MORE INFORMATION ON THE ACTUAL ORDINANCE, AND THE OFFICER GAVE ME NO ADDITIONAL INFORMATION TO FIND THIS ACTUAL CODE. IT TOOK ME AT LEAST A COUPLE OF HOURS OF ADDITIONAL RESEARCH ON MY OWN, ON THE INTERNET TO TRY TO FIND OUT WHAT THE HECK AN N C D WAS. ONCE AGAIN, PROVING THAT THIS IS NOT ACCESSIBLE, UH, NOT AN ACCESSIBLE PROCESS FOR EVERYONE. SO, UM, I'D LIKE TO KEEP MY FENCE AND MY NEIGHBORS DON'T HAVE A PROBLEM WITH IT. THANK YOU, MS. WILLIAMS. LET'S SEE IF WE HAVE ANY QUESTIONS. UM, ANY QUESTIONS FOR THE APPLICANT? SURE. MANNA, MR. MANNA. SO, SO AS A PRESIDENT OF A NEIGHBORHOOD ASSOCIATION, IT'S A TOUGH JOB. YES, IT'S A VOLUNTEER JOB TOO. AND SO WE NEED ALL THE COMMUNITY SUPPORT. AND SO, SO WHEN YOU HAVE ACTIVE MEMBERSHIP, IT'S WONDERFUL. AND, AND SO, SO I CAN, YOU KNOW, I'M NOT DEFENDING THEM, BUT, BUT YOU KNOW, IT IS, IT IS A STRUGGLE, YOU KNOW, JUST TRYING TO MAKE ANYTHING WORK IN THE NEIGHBORHOOD. AND SO, SO, SO HOPEFULLY YOU BECOME ENGAGED AND FIGURE OUT A WAY TO BECOME ENGAGED, YOU KNOW, AND, AND YOU KNOW, ONE OF THE CHALLENGES I THINK IS ALSO IS THAT, YOU KNOW, WHEN, YOU KNOW, THE N C D IS, IS DOCUMENTED ON THE CITY WEBSITE, YOU KNOW, FOR IF YOU HAPPEN TO BELONG TO ONE. AND IT IS A, A, A, A DOUBLE-EDGED SWORD BECAUSE SOMETIMES, YOU KNOW, IT, IT, IT PUTS RESTRICTIONS ON HOMES THAT PEOPLE MAY NOT WANT, BUT IT IS SOMETHING THAT THE NEIGHBORHOOD THROUGH SOME DIALOGUE AGREED TO. AND SO SOME OF IT'S TO PROTECT, YOU KNOW, PROTECT PROTECTED COMMUNITY IN GENERAL. SO, SO, SO, YOU KNOW, AND THAT'S WHY I GUESS WE EXIST IS TO KIND OF, TO KIND OF WEIGH IN ON SOME OF THOSE DIALOGUES. SO, BUT YEAH, IT'S A, IT'S A TOUGH STRUGGLE AND, AND YOU KNOW, SO, YOU KNOW, SO HOPEFULLY YOU, YOU BECOME ENGAGED WITH THE COMMUNITY. SO, YEAH, I MEAN, I ABSOLUTELY UNDERSTAND THAT, BUT WHEN YOU CAN'T PROVIDE YOUR COMMUNICATIONS IN BASIC SPANISH WHEN SO MUCH OF THE NEIGHBORHOOD DOESN'T SPEAK ENGLISH, THAT'S UNACCEPTABLE AND EQUITABLE. WELL, HOPEFULLY THAT'S WHERE YOU GET TO HELP THEM OUT, YOU KNOW, AND CHANGE THAT, THAT PHILOSOPHY. SO, THANK YOU MR. MANNA. LET'S SEE, ANY OTHER QUESTIONS FOR THE APPLICANT, THE STAFF? DO WE HAVE ANY, ANY, UH, BUDDY SIGNED UP FOR, UH, PUBLIC COMMENT, OR WE GOT ONE VOICEMAIL? YES. REGARDING BO O A 23 DASH 1 0 3 0 0 0 2 0 AT 10 16 WEST ELLWOOD, THIS IS DANIEL HUBING. I RESIDE AT 10 25 WEST ATCH, 2 1 0 2 8 7 9 0 2 5. DEAR BOARD OF ADJUSTMENT MEMBERS, THE OWNER OF THE PROPERTY AT 10 16 WESTLAW WOOD WAS INVITED TO MEET WITH OUR ZONING AND URBAN DESIGN COMMITTEE, BUT DID NOT DO SO. WE WOULD LIKE TO GIVE HER AN OPPORTUNITY TO PRESENT IN FRONT OF THE GENERAL NEIGHBORHOOD ASSOCIATION FOR A VOTE, AS IS OUR PROCESS. WE MEET ON THE SECOND MONDAY OF EVERY MONTH, EXCEPT JULY AND DECEMBER. WE ARE REQUESTING A CONTINUANCE SO SHE COULD PRESENT IF SHE IS WILLING ON APRIL 10TH OR MAY 8TH. HOWEVER, WITHOUT AN ASSOCIATION VOTE, WE ARE CHARGED WITH SUPPORTING OUR NCD FIVE STANDARDS, A LEGAL OVERLAY OF DESIGN STANDARDS, WHICH WERE CREATED BY BEACON HILL RESIDENTS IN 2008 AND UPDATED IN 2017. ALTHOUGH WE HAVE SUPPORTED VARIANCE TO THE NCD FIVE STANDARDS IN THE PAST, WHEN THEY CREATE SAFETY ISSUES OR [02:10:01] EXTREME BUILDING HARDSHIPS, WE DO NOT SEE THIS DRIVEWAY GATE. AS SUCH, OUR ASSOCIATION VOTED UNANIMOUSLY NOT TO SUPPORT THE LAST REQUEST IN NOVEMBER, 2022 THAT INVOLVED A DRIVEWAY GATE, AND YOU SUPPORTED THAT DECISION AS WELL. PLEASE HELP US PROTECT THESE GRASSROOTS DESIGN STANDARDS CREATED BY THE APPLICANT'S NEIGHBORS TO PROTECT THE UNIQUE CHARACTER OF OUR COMMUNITY. WE REQUEST THAT YOU GRANT A CONTINUANCE OR SIMPLY DO NOT SUPPORT THIS VARIANCE FOR A DRIVEWAY GATE RESPECTFULLY, DANIEL HUBING, CHAIR ZONING AND URBAN DESIGN COMMITTEE, BEACON HILL AREA NEIGHBORHOOD ASSOCIATION. ALRIGHT, THAT'S ALL THE PUBLIC COMMENT. THANK YOU. UM, THERE'S QUESTION HERE. SO I'D LIKE THE APPLICANT IF YOU WANNA PROVIDE SOME FINAL REBUTTAL, AND THEN WE'D HAVE SOME QUESTIONS. UH, WELL, DO YOU WANT THE APPLICANT FIRST OR FOR THE ASK? OKAY. DO YOU WANNA DO YOUR REBUTTAL AND THEN MS. I DON'T REALLY HAVE A REBUTTAL. HE WAS READING OUT THE, THE LETTER VERBATIM. THAT WAS THE ONLY THING HE PROVIDED IN THAT VOICEMAIL. OKAY. I ALSO DID, UH, RECEIVE TWO, WELL, WE DID HAVE TWO, UH, OFFICIAL RESPONSE RESPONSES THAT MAY NOT HAVE BEEN RECEIVED. MY NEIGHBOR ACTUALLY PROVIDED ME WITH COPIES OF THOSE YESTERDAY, SO YOU SHOULD HAVE RECEIVED TWO, UM, IN SUPPORT FOR ME. ALRIGHT, MS. BRAGMAN? UM, YEAH, SO MY QUESTION IS, UH, WHEN YOU PURCHASED THE PROPERTY, UM, AS PART OF PURCHASING, DID YOU RECEIVE A SELLER'S DISCLOSURE FROM THE SELLER? YES, I DID, BUT IT DID NOT MENTION THE N C D. OKAY. 'CAUSE THERE ARE, THERE'S TWO LINES IN THE SELLER'S DISCLOSURE. ONE SAYS, LOCATED IN HISTORIC DISTRICT AND HISTORIC PROPERTY DESIGNATION. YES. THAT EXISTS. , I HAVE A COPY OF IT ACTUALLY. 'CAUSE I'M HAVING SOME ISSUES WITH THE OKAY. OTHER THINGS WITH THE HOUSE. GOOD AS I, I'M PULLING UP A COPY OF THE SELLER'S DISCLOSURE THAT WAS POSTED IN M L S FOR THAT PROPERTY AND IT, IT, THE SELLER DID CHECK YES. FOR LOCATED IN HISTORIC DISTRICT AND HISTORIC PROPERTY DESIGNATION. OKAY. BUT THAT DOESN'T INFORM ME OF ANY KIND OF RULES THAT SHOULD HAVE BEEN ENFORCED ON THE BUILDER. NO, BUT IT WOULD, I'M GONNA SPEAK FOR MYSELF. IT WOULD MAKE ME QUESTION WHAT I SHOULD KNOW ABOUT LIVING IN A HISTORIC DISTRICT. I'VE NEVER KNOWN THAT THESE EVEN EXISTED. I'VE HEARD OF A NEIGHBORHOOD ASSOCIATION WHICH PEOPLE OPT INTO AND PAY DE DUES TO AND ARE MADE INFORMED OF THEIR DECISIONS. THIS IS NOT THE CASE WITH SAN ANTONIO, AND IT'S MY UNDERSTANDING THAT THERE'S NO REQUIREMENT FOR THE REALTOR TO MENTION THIS EITHER I'M A FIRST TIME HOME BUYER AND THERE SIMPLY WAS NO WAY FOR FOR ME TO KNOW THAT. WELL, WHEN YOU PURCHASE A PROPERTY, YOU ALSO GET DEEDED RESTRICTIONS AND, AND THE DEEDED RESTRICTIONS WOULD INDICATE THAT IT WAS IN AN N C D WOULD, WOULD INDICATE THAT INCIDENT N C D, BUT NOT WHAT THE ACTUAL RULES WERE. AND IT'S ACTUALLY UNDER THE U C D CODE, NOT THE N C D CODE. AND THAT'S WHY IT'S SO HARD TO LOCATE THE RULES ONLINE. THANK YOU MR. MANNA. MR. MANNA. SO, SO THE, UM, THE NEIGHBORHOOD ASSOCIATION OR THE, THE N C D HAS REQUESTED THAT, THAT YOU, UM, PRESENT, I GUESS AT THE APRIL 10TH CASE FOR A CONTINUANCE. AND SO PART OF THE DIALOGUE THEN IS, YOU KNOW, YOU'LL HAVING THE DIALOGUE WITH THEM TO COME BACK WITH THEIR POSITION AGAIN. AND SO DO YOU, UM, DO YOU HAVE A CHALLENGE WITH, WITH POTENTIALLY MEETING WITH THEM TO KIND OF I DO HAVE THAT QUESTION. I'D BE OUTTA TOWN FOR WORK. OKAY. WHAT ABOUT, IT TOOK ME SO LONG TO GET, SO THE SUBSEQUENT MEETING, SO THEY, THEY, THEY MENTIONED THE SUBSEQUENT MEETING, WHICH IS THE MAY I GUESS THE FIRST WEEK IN MAY, IF I UNDERSTOOD CORRECTLY. SO WOULD THAT BE A POSSIBILITY AS WELL? I WOULD RATHER NOT. AS I MENTIONED BEFORE, UM, AND IN THEIR MEETING NOTES FOR THE 23RD OF JULY FROM LAST YEAR, IT SAYS THAT I WAS, UM, RECOMMEND TAKING TO THE Z COMMITTEE. SEV BROUGHT UP SEVERAL ISSUES TALKING ABOUT INACCESSIBLY, BLAH, BLAH, BLAH, BLAH, BLAH. STATED THAT THE, THAT THEY NEVER FOLLOWED UP WITH ME WHAT THE ZD COMMITTEE WAS. THEY SAID THAT I WAS INVITED, I WOULD LIKE FOR THEM TO PROVE THAT I WAS INVITED BECAUSE I NEVER RECEIVED ANY KIND OF COMMUNICATION ABOUT THE ZD COMMITTEE. UM, AND, AND THIS IS MY, MY KEY ISSUE IS THAT THERE'S NO COMMUNICATION FROM THIS ASSOCIATION WITH ME. THE, THE INFORMATION THAT THEY'VE PROVIDED TO YOU ALL, UM, ABOUT THAT INFORMATION BEING PROVIDED TO ME IS JUST FALSE. SO, SO I GUESS, YOU KNOW, I GUESS MY COMMENT WOULD BE THAT YOU, IT THEY'VE, YOU KNOW, THEY PUT IT ON RECORD THAT THEY ARE REACHING OUT AND REQUESTING YOUR INPUT AND SO, SO, YOU KNOW, UM, AND THEY, THEY HAVE PROVIDED THE POSITION AND I'LL SAY HISTORICALLY, I VOTE VERY CLOSELY WITH NEIGHBORHOOD ASSOCIATIONS. AND SO, SO THEY'RE, YOU KNOW, SO THEY'VE ASKED, YOU KNOW, FOR, YOU KNOW, THEY'VE ASKED US OR ASKED YOU, YOU KNOW, I GUESS TO ALLOW FOR THAT CONTINUANCE AND JUST LET YOU, THEY DIDN'T ASK ME. WELL, I GUESS THEY'RE DOING THAT HERE RIGHT NOW IN THIS LETTER. SO, [02:15:01] SO ANYWAYS, YEAH. MS. KAPLAN. YEAH. UM, IF, IF THIS WERE REQUIREMENT, WOULD YOU BE MEETING WITH THEM? MANY. UH, I ALSO AGREE THAT THERE WERE RULES IN A NEIGHBORHOOD ASSOCIATION TO BASICALLY KEEP A, UH, A NEIGHBORHOOD LOOKING UNIFORM AND, AND MM-HMM. , UH, KEEPING A NEIGHBOR TOGETHER. SO WOULD YOU BE WILLING TO MEET WITH THEM BEFORE? I FEEL LIKE IT'S A HOSTILE ENVIRONMENT WITH THE NEIGHBORHOOD CONSERVATION DISTRICT AND SPECIF SPECIFICALLY MR. DANIEL HUBING SUNNI. UH, JUST ONE QUESTION. SO, UH, ONE COMMENT. SORRY. SO YOU, MR. , ONE, ONE SECOND. AND, UH, ONE SECOND. SO IN ORDER FOR THE VARIANCE TO PASS, YOU KNOW, YOU NEED NINE AFFIRMATIVE VOTES FROM THE BOARD. WE HAVE 10, UH, HERE. SO WE HAVE SOME MEMBERS OF THE BOARD THAT VOTE HISTORICALLY IN FAVOR OF, UH, HOMEOWNERS AND, AND DISTRICT CONSERVATIVE CONSERVATION DISTRICT. SO I JUST WANTED TO MAKE YOU AWARE OF THAT, PAT. OKAY. I MEAN, AND I JUST WANNA SAY THAT I CONTACTED ALL THE NEIGHBORS AND THEY'RE ALL IN SUPPORT OF IT. I'VE LISTED THE REASONS WHY IT'S A VARIANCE. THAT'S AT THE VERY, VERY END OF , THE BEACON HILL AREA. GOTCHA. 'CAUSE IF YOU GO 10 BLOCKS SOUTH, IT'S A MUCH DIFFERENT STORY THAN IT IS WHERE IT IS ON MY CORNER. OKAY. MR. ZUNIGA, AND THEN, UH, MR. MACHA, YOU, UH, AS, UM, MR. MANNA AND I KNOW, AND HE'S THE CHAIRMAN OF SOME OF THESE MEETINGS, YOU DON'T EVEN HAVE A QUORUM. AND SOME OF THIS MEETINGS AREN'T ANNOUNCED, YOU KNOW, AND IT'S THE, THE PART, YOU KNOW, THAT I AM, YOU KNOW, NOT IN AGREEMENT THAT THE MEETINGS IS GONNA BE HELD OR QUORUM IS GOING TO BE HELD, ET CETERA, OR THE MAIL OUTS. I WISH THE PRESIDENT WOULD'VE COME INSTEAD OF WHAT WAS OVER HERE. SO WE COULD ASK HIM AND ASK HIM FOR THE MINUTES OF, UH, BLAH, BLAH, BLAH MINUTES. UH, HOW MANY PEOPLE WERE OVER THERE QUARTER EVERY MONTH OR WHATEVER. SO, YOU KNOW, I MEAN, SOME OF THESE PEOPLE AREN'T AS ACTIVE AS ROMANTIC OR ME, YOU KNOW, I KNOW SOME OF THIS MEETINGS ARE HELD, BUT THAT'S ABOUT IT. THANK YOU. UH, SO MR. CHAIRMAN, WOULD THERE BE A WAY TO GO AHEAD AND, UH, TRY TO GET A VOTE AND IF IT'S GOING VICE VERSA, THAT WE CAN RESCHEDULE IT? WELL, WE'LL SEE IF SHE WANTS TO GO. I MEAN, WE'LL MAKE THAT ELECTION AFTER WE FINISH UP WITH THE, HOW'S THAT? WE'LL, WE'LL MAKE THAT ELECTION AS WE FINISH. OKAY. VERY GOOD. VERY GOOD. THANK YOU, MICKA. THANK YOU. MR. WINKA. I JUST WANNA CLARIFY ONE THING. IT SAYS HERE THAT, UH, THE APPLICANT PURCHASED A HOME NOT KNOWING THAT SOME OF THE RENOVATIONS OF SOLAR HAD DONE. SO YOU BOUGHT THE HOME AND THAT FENCE WAS IN PLACE? THE FENCE WAS IN PLACE, YES, WHENEVER I BOUGHT IT. OKAY. 'CAUSE I SAW THE ONE IN 9, 2 5 ELLWOOD FURTHER DOWN. IT'S ALMOST IDENTICAL TO YOURS. AND THAT EVEN HAS CONCRETE IN YOUR DON. SO I JUST WANNA CLARIFY THAT POINT. THANK YOU. THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT? SO AT THIS POINT, UM, I GUESS WE'LL GO AHEAD AND CLOSE THE PUBLIC PORTION AND ASK A MEMBER OF THE BOARD TO MAKE A MOTION AND WE'LL SEE HOW THAT'S, AND CAN I JUST ADD ONE COMMENT? IF IT WERE TO BE A REQUIREMENT, THEN I, I DON'T WANT THIS TO GET SHUT DOWN. IF I DON'T WANT TO TALK TO THE N C D, UM, I, I WOULD ABSOLUTELY, YOU KNOW, SUPPORT THAT. I JUST ASK THAT. I'VE ALREADY SPENT ALMOST A YEAR. SO WHAT I'D ASK THE BOARD IF, IF YOU THINK YOU'RE A NO VOTE THIS, IF YOU THINK YOU'RE GONNA BE AT A NO VOTE AND WE'RE NOT GONNA GET THE NINE VOTES AND LET'S GO AHEAD AND MOVE FORWARD. CONTINUANCE. I I NO VOTE. OKAY. SO WE HAVE THREE MEMBERS THAT ARE NO VOTES HERE AT THIS POINT. SO I THINK WE SHOULD, WE SHOULD ENTERTAIN A MOTION FOR A CONTINUANCE. I MOVE THAT WE HAVE A CONTINUANCE, B O A, UH, SECOND WEEK IN MAY FOR, UH, FOR THE SECOND WEEK IN MAY FOR B O A DASH 23 DASH 1 0 3 0 0 0 2. MS. KAPLAN, DO WE HAVE A SECOND? MAY 15TH? MAY 15TH, OR THE 18TH OR THE EIGHTH? I'M SORRY. WE HAVE A MAY 1ST AND A MAY 15TH. YEAH, BUT WHEN IS THE CD MEETING? WHEN DOES THE NEIGHBORHOOD MEET? THAT'S GONNA BE THE BIGGEST NOTICE. THEY SAID THE SECOND. CAN Y'ALL HEAR ME? YES. OKAY. MR. ORIAN. YEAH, I JUST WANTED TO VERIFY THAT Y'ALL, Y'ALL CAN HEAR ME. I, I, I, I ONLY WANTED TO ASK THE APPLICANT HOW LONG THEIR DRIVEWAY WAS. OF THE, THE TITLE SURVEY MADE IT LOOK LIKE IT WAS LIKE 60 FEET LONG PAST THE HOUSE. IT DOES GO BACK BEHIND THE HOUSE. UM, ALSO IT WAS BUILT THAT WAY. NOT A DECISION I WOULD'VE MADE TO HAVE HALF MY BACKYARD COVERED IN CONCRETE. OKAY. I'M JUST, BUT YEAH, I'M DOES GO BACK. I'M ASKING 'CAUSE YOU CAN, I'M ONLY ASKING 'CAUSE YOU CAN MOVE THE GATE BACK TO THE HOUSE CORNER. UH, NOT BECAUSE NOT THE LENGTH OF THE GATE IS LONGER THAN IT IS OF THE DRIVEWAY. SO I'D HAVE TO HAVE LIKE THE WHOLE THING REMOVED AND REFITTED AND REDONE. LIKE, IT'S NOT [02:20:01] REUSABLE IN THE CON IN THE WAY THAT IT'S BUILT AT THIS CURRENT TIME. OKAY. AND, OKAY. YEP. THANK YOU. THANK YOU. MR. OREN, DO WE HAVE A DATE FOR THE NEXT AVAILABLE MEETING? UH, MAY 15TH I THINK IS THE ONE THAT'S GONNA BE AFTER THE NEIGHBORHOOD ASSOCIATION MEETING. OKAY. ARE YOU GONNA BE AVAILABLE AT THAT DATE OR, UM, I BELIEVE OH, TO MEET WITH THE N C D AND THEN TO MEET WITH THE ON THE EIGHTH. THE EIGHTH AND THE 15TH. I'M AVAILABLE AT THIS POINT IN TIME. . OKAY. BUT DOESN'T MEAN IT WON'T CHANGE. OKAY. THANK YOU. UH, LET'S TAKE A, A ROLL CALL. VOTE. MS. KAPLAN? YES. MR. SPIELMAN? YES. MR. MENCHACA? YES. MS. CRUZ? YES. MR. ZUNIGA? YES. MR. MANNA? YES. MR. VASQUEZ? YES. MS. BRAGMAN? YES. MR. UNA? YES. CHAIR ORIAN? YES. OKAY. SO ATTEND FAVOR. ZERO IN OPPOSITION. THE, UH, MOTION PASSES. UH, PLEASE GET WITH THE ASSOCIATION. LET'S FIGURE OUT THE NEXT STEP. OKAY. AND THAT, JUST TO BE CLEAR, I WON'T HAVE TO SUBMIT ANOTHER $500 FEE TO YOU GUYS, RIGHT? NO, IT'S IS JUST, IT'S A CONTINUANCE TO CONTINUE THIS. YEAH, IT'S EXHIBIT. PERFECT. UH, JUST TO BE CLEAR, OUR ME OUR MEETINGS ARE SET. SO WE DO HAVE A MEETING ON THE 15TH, BUT YOU WILL NEED TO REACH OUT TO BEACON HILL FOR THAT MAY 8TH MEETING. OKAY? OKAY. IS THERE A WAY TO ALTERNATIVE CONTACT SOMETHING LIKE, I REALLY FEEL THAT THIS MAN IS HOSTILE TOWARDS ME. THAT'S, UM, YOU CAN REACH OUT TO YOUR CASE MANAGER AND WE CAN ASSIST YOU. OKAY. THANK YOU. THANK YOU MS. WILLIAMS. NEXT CASE PLEASE. BO OA DASH 23 DASH 0 3 0 3 5 AT 1 48 CROFTON AVENUE IN COUNCIL DISTRICT ONE, THE APPLICANT IS MINETTE OLSSON. THE REQUEST IS FOR A TWO FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE TWO FEET SIX INCHES FROM THE SIDE PROPERTY LINES ZONED IN RMM FOUR KING WILLIAM HISTORIC DISTRICT. THE SUBJECT PROPERTY IS LOCATED ALONG CROFTON AND KING WILLIAM AND APPLICANT IS SEEKING TO CONSTRUCT A STRUCTURE THAT IS ANTICIPATED TO BE TWO FOOT SIX INCHES FROM BOTH SIDE PROPERTY LINES. STRUCTURES ARE REQUIRED TO BE SETBACK FIVE FEET FROM THE SIDE PROPERTY LINE, AND APPLICANT IS REQUESTING TWO AND A HALF. THE REAR SETBACK IS ELIMINATED SINCE THE PROPERTY ABUTS AN ALLEY OVER 10 FEET IN WIDTH. HERE IS THE SITE PLAN AND THE SUBJECT PROPERTY. THAT'S WHERE THE STRUCTURE WILL BE, UM, IN THAT CONCRETE SLAB. AND THEN HERE'S SOME NEARBY STRUCTURES AND THE SURROUNDING AREA. STAFF RECOMMENDS DENIAL AND B O A DASH TWO THREE DASH 3 3 5 FOR THE SIDE SETBACK BECAUSE BASED ON THE FOLLOWING FINDINGS OF FACT, THE STR THE STRUCTURE WILL BE TWO FEET SIX INCHES FROM THE SIDE PROPERTY LINE, WHICH DOES NOT PROVIDE ADEQUATE SPACING. STAFF MAILED OUT 21 NOTICES THREE IN FAVOR TO AN OPPOSITION AND THE NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. THIS CONCLUDES STAFF PRESENTATION AND APPLICANT IS PRESENT. LET'S SEE IF WE HAVE ANY QUESTIONS FOR STAFF ORIAN. MR. ORIAN SLABS EXISTING, WAS THERE A STRUCTURE THERE PRIOR? YES, THERE WAS, UH, BEFORE I BOUGHT HIS FALL SOMETIME. I'VE NEVER SEEN A PHOTO OF IT, BUT YOU, THE APPLICANT HAS, UM, ANSWER FOR THAT. MR. ORIAN, THE APPLICANT FORWARD TO ANSWER THAT, UH, HEARING NO. THE QUESTIONS FOR STAFF, THE APPLICANT PLEASE COME FORWARD AND STATE YOUR NAME AND BEGIN YOUR PRESENTATION. THANK YOU. HI, UM, MY NAME'S MINETTE OLSSON HEINE AND I BOUGHT THIS PROPERTY IN THE FALL. MA'AM, CAN YOU PULL DOWN THE MIC? THERE YOU GO. YOU HEAR ME? AM I SCREAMING? UM, YES. MY NAME'S MINETTE OLSSON HEINEN AND I BOUGHT THIS PROPERTY IN THE FALL. I HAVE DEEP ROOTS IN THE KING WILLIAM AREA. UM, I'M A SEVENTH GENERATION SAN ANTONIO AND LOVE THE NEIGHBORHOOD AND LOVE THE HISTORICAL QUALITY AND WANT TO MAINTAIN AND HAVE A STRUCTURE, UH, IN THE BACK THAT WILL BOTH HAVE A TWO CAR GARAGE. 'CAUSE I NEED TO HAVE TWO CARS. THERE IS, THERE USED TO BE A STRUCTURE, I'VE NEVER SEEN A PHOTO OF IT, BUT YOU CAN SEE THE SLAB. AND THIS WOULD BE ON TOP OF THAT ORIGINAL STRUCTURE SLAB. UM, AS YOU CAN SEE MOST OF THE HOUSES AND IF YOU LOOKED AT, UH, A BIRD'S EYE OF ALL OF THE AR THE HOUSES ON THIS STREET AND IN THIS AREA, YOU CAN SEE THAT THE ACTUAL [02:25:01] SETBACK FOR THE ORIGINAL HOUSES IS ABOUT TWO AND A HALF OR LESS. EVEN ON THE SIDE. 'CAUSE WE'RE TALKING ABOUT A VARIANCE ON THE SIDE SIDES OF THE PROPERTIES. SO THE ORIGINAL HOUSES THAT FACE THE STREET, LIKE MY HOUSE, IF, I DON'T KNOW IF THERE IS A PHOTO OF THE BIRD'S EYE, OF THE AERIAL BIRD'S EYE VIEW OF THEM. UM, IF YOU SAW, YES, IF YOU ACTUALLY ZOOMED IN ALMOST ALL OF MY NEIGHBORS, THE ORIGINAL, THE HOUSES, THE ORIGINAL KING WILLIAM HOUSES ALL BUILT IN THE 1890S APPROXIMATELY ARE ALL VERY, VERY CLOSE TO EACH OTHER. IN SOME CASES JUST TWO FOOT SETBACK TO THE PROPER, TO THE PROPERTY LINES. UM, AND SO WE'RE TALKING ABOUT TOWARDS THE ALLEY. UM, MANY OF THE HOUSES ON THE STREET, IN FACT, UM, UH, MANY OF THE HOUSES ONE 50 CROFT AND 1 56 CROFT AND 1 46 CROFTON, 1 44 CROFT AND 1 38 CROFTON ALL HAVE OF THEIR ORIGINAL PROPERTIES AS WELL AS LIKE THE, THE ADDITIONAL STRUCTURES TOWARDS THE ALLEY ALL HAVE SMALL TWO AND A HALF FOOT, UH, UH, SETBACKS. THEY HAVE VERY SMALL SETBACKS ON THEIR ACCESSORY STRUCTURES THAT ARE FACING THE ALLEY. THE PRO, THE, UM, THE, WHAT I WOULD LIKE TO BUILD IS A, A A TWO CAR GARAGE WITH AN APARTMENT ON TOP. UH, AND TO HAVE THE STAIRWAY INSIDE OF THE BUILDING. UM, I ASKED FOR A TWO FOOT SIX INCH VARIANCE, BUT THE ACTUAL STRUCTURE IS GONNA BE, UM, SMALLER. SO THERE WILL BE TWO FOOT 11 ON ONE SIDE AND TWO FOOT SEVEN ON THE OTHER SIDE. SO IT'S ACTUALLY, THE BUILDING'S GONNA BE SMALLER THAN WHAT I'VE ASKED FOR, FOR THE VARIANCE. UM, UH, THERE IS CURRENTLY NO PARKING EXCEPT ON THE STREET. IT'S IN THE NEIGHBORHOOD WHERE I'M RIGHT BY THE RIVER. THERE ARE A LOT OF BREAK-INS MY NEIGHBOR ON, UM, TO THE LEFT OF ME, UH, THEY HAVE HAD THEIR CAR STOLEN. UH, THERE'S ALSO, AS WE KNOW IN SAN ANTONIO, THEY'RE HAILSTORMS. UH, I DON'T LIKE THE FACT THAT MY DAUGHTER AND I HAVE OUR CARS ON THE STREET. THERE'S ALSO VERY LIMITED PARKING OFTEN, UM, BECAUSE OF ALL THE EVENTS THAT HAPPENED DOWN IN THE KING WILLIAM AREA, INCLUDING THE KING WILLIAM FAIR, WHERE YOU HAVE TO, YOU KNOW, PARK YOUR CAR AT THE H E B PARKING LOT. IF YOU DON'T HAVE A GARAGE TO PUT YOUR, I MEAN YOUR CARS AWAY. UM, IT'S DIFFICULT TO NOT HAVE A GARAGE TO PROTECT, UM, OUR CARS. UH, AND I WOULD LIKE TO HAVE A GARAGE APARTMENT, UH, WITH A, UM, FACING THE ALLEY IN THE BACK OF THE, UH, FACING THE ALLEY. UM, I WASN'T REQUIRED TO HAVE ANY VARIANCE FOR, UH, LIKE I COULD ACTUALLY, THEY TOLD ME I COULD BUILD ALL THE WAY UP TO THE PROPERTY LINE. I'M NOT GOING TO BUILD ALL THE WAY UP TO THE PROPERTY LINE TO WHERE THE GARAGE IS. 'CAUSE WHERE YOU ENTER THE GARAGE THAT'S GONNA BE SET BACK ALMOST FIVE FEET FROM THE PROPERTY LINE SO THAT PEOPLE CAN BACK IN AND BACK OUT. MY NEIGHBOR THAT, I GUESS THE ONE THAT WAS BEHIND ME, UM, THEY'RE CONSTANTLY BACKING INTO MY, UM, MY YARD AND KNOCKING DOWN MY GARBAGE PAILS BECAUSE THERE'S NOTHING THERE EXCEPT FOR MY GARBAGE PAILS. AND THEY JUST BACK IN ALL THE TIME. AND I KNOW THAT YOU'RE GONNA NEED TO HAVE ROOM TO BACK YOUR CARS IN AND OUTTA THAT SPACE, WHICH IS WHY THE ACTUAL GARAGE PART IS GOING TO BE SET BACK EVEN THOUGH I'M NOT REQUIRED FOR THAT. UH, AND THEN THERE WILL BE A BALCONY. SO THE PILLARS OF THE BALCONY WILL BE CLOSER TO THE PROPERTY LINE. UM, BUT THERE WILL BE ROOM FOR ANY CARS TO BACK IN AND OUT, UM, OF THAT SPACE. 'CAUSE I DON'T WANT THE PEOPLE THAT BEHIND ME TO, YOU KNOW, BUMP INTO MY HOUSE. 'CAUSE THEY'RE CONSTANTLY BUMPING INTO EVEN JUST THE TRASH CANS. UM, I'VE, I HAVE GOTTEN THE, UH, UH, I I AN EMAIL. I'M SORRY I'M NOT PREPARED TO, I CAN SHOW THAT SOMEHOW. BUT, UM, THE, I REACHED OUT TO THE, UH, KING WILLIAM HISTORICAL ASSOCIATION, WHICH WERE VERY POSITIVE TOWARDS THIS. THEY SAID THAT THEY, THEY'VE BEEN, AND ON WEDNESDAY THEY HAD APPROVED THIS. AS LONG AS I GIVE THE DETAILS OF, UM, UH, WHAT THE ROOF IS GOING TO LIKE, I, THE BUILDING IS SUPPOSED TO BE A, UM, CONTEXTUAL STRUCTURE THAT WILL, UM, UH, BE THE SAME COLOR, THE SAME WINDOWS, UM, DOORS THAT ARE CONTEXTUAL SO THAT IT WOULD FEEL LIKE IT'S NOT A COPY EXACTLY OF THE FRONT OF THE HOUSE, BUT IT'S SUPPOSED TO FEEL LIKE IN THE CHARACTER OF THE NEIGHBORHOOD. UH, AND THEY'VE BEEN VERY POSITIVE, BOTH OF THE PEOPLE AT THE KING WILLIAM ASSOCIATION. AND I CAN SUBMIT THOSE, UM, EMAILS THAT THEY HAVE BEEN POSITIVE TOWARDS [02:30:01] THE WHOLE DESIGN AND STRUCTURE. SO I'VE TRIED TO GO THROUGH, UH, ALL THE PROPER CHANNELS. UM, I DIDN'T, I'M QUITE NEW TO THIS PROCESS. AND, UM, SO I DIDN'T KNOW UNTIL I SHOWED UP TODAY THAT I HAD A NEIGHBOR THAT WAS, UM, HAD QUESTIONS AND WAS UPSET THAT I HADN'T APPROACHED EXPLAINING ABOUT THE, THE PROJECT. UM, SO MY EL THE OTHER NEIGHBORS THAT I HAPPENED TO BUMP INTO WERE VERY POSITIVE TOWARDS THIS, INCLUDING THE NEIGHBOR THAT IS TO THE LEFT OF MY, UH, MY PROPERTY. UM, AND SO I'M JUST HOPING IF I, IF, IF I CAN, BECAUSE IT'S QUITE NARROW IN MY, IT'S SORT OF A PIE SHAPED, UH, LOT. AND IF I CAN'T GET THE VARIANCES, I CAN'T HAVE A TWO CAR GARAGE AND A STAIRWAY. AND I ALSO HAVE A, A BEAUTIFUL OAK, I MEAN, UM, PECAN TREE IN THE MIDDLE OF THE YARD THAT I DON'T WANT TO DESTROY THE ROOT SYSTEM OF BY BUILDING TOO BIG INTO THE, INTO THE, UM, INTO THE PROPERTY. AND SO IF I WAS TO HAVE AN APARTMENT IN A GARAGE, LIKE, LIKE I'D HAVE TO BUILD FURTHER INTO MY YARD, WHICH I DON'T WANT TO DO AND MESS UP MY TREE. THANK YOU. THANK YOU MS. OLSSON. LET'S SEE IF WE HAVE ANY QUESTIONS FOR YOU. YES. RAGMAN, ORIAN, UH, MS. RAGMAN AND MR. ORIAN. UM, SO WHAT IS THE WIDTH OF YOUR LOT IN THE BACK THERE WHERE YOU ARE PLANNING? IT IS 29 FEET. AND LET'S SEE, I THINK AND A HALF. IT'S, IT'S, I THINK IT'S ALMOST 30 FEET. IT'S 29 AND AND A HALF INCH FEET. AND WHAT'S THE WIDTH OF THE STRUCTURE AND THE WIDTH OF THE STRUCTURE? IT'S ACTUALLY NOT GONNA BE 27. I BELIEVE IT'S 25. THERE HAVE BEEN SOME, AND WE COULD CERTAINLY WORK SO THAT WE HAVE THE VARIANCE BECAUSE IT IS, AS IT'S SETBACK, IT'S A TRIANGULAR SHAPE. SO THE SETBACKS AT THE END OF THE PROPERTY, THAT'S 29 AND A HALF. BUT AS YOU MOVE BACK TO WHERE THE, THE STRUCTURE IS GOING TO BE, THAT'S WHERE IT'S 20, IT, IT'S ACTUALLY TWO FOOT 11 INCHES ON ONE SIDE AND IT'S TWO FOOT SEVEN AGAINST THE PROPERTY LINE BECAUSE IT'S SET BACK INTO THE PROPERTY A BIT. SO IT'S NOT AT THE EDGE OF THE PROPERTY. DOESN'T MAKE SENSE. OKAY. SO, SO YOU SAID THE STRUCTURE IS GONNA BE ABOUT HOW WIDE THE STRUCTURE IN TOTAL IS GONNA BE LESS THAN 27 FEET. I BELIEVE IT'S 26 FEET. OKAY. 'CAUSE IT, 'CAUSE IF YOU, IF THE WIDTH OF YOUR PROPERTY IS 30 AND YOU'RE SAYING LET'S SAY TWO AND A HALF FEET. TWO AND A HALF FEET. WELL I HAVE, THAT LEAVES YOU 25 FEET. WELL THIS IS WHERE LIKE I HAD THE, THE ARCHITECT DID THIS AND TOOK THIS SURVEY AND MAPPED IT ALL OUT CORRECTLY. UH, BUT THEN SINCE THEN WE'VE ACTUALLY MADE IT A LITTLE BIT SMALLER. YOU CAN PREDICT THAT. OKAY. ABOUT 60 FEET. YEAH. SO, UH, SO YEAH, SO THE, YOU KNOW, THE PROPERTY, OH, WHERE DO YOU, HOW DO YOU DO THIS? I'VE NEVER DONE THIS BEFORE. DON'T POINT IN YOUR FACE. PRESS IT LIKE THAT. HOLD IT UP. OH, LIKE THERE, LIKE THERE, OH, OKAY. YEAH. SO BACK AT THE PROPERTY LINE RIGHT THERE, THE WIDTH OF THE PROPERTY IS, I BELIEVE IT'S 29 AND A HALF FEET. OKAY. BUT AS YOU GO IN, WHICH IS ACTUALLY RIGHT HERE, HE'D PUT THREE FEET. BUT WE'RE GOING TO BUILD THE STRUCTURE AT FIVE FEET BACK FROM THE PROPERTY LINE. SO THAT THAT WILL ACTUALLY BE TWO FEET 11. 'CAUSE WE'VE NOW MOVED THIS BACK RIGHT THERE WHEN THIS DRAWING, I MEAN I HAVE TO PAY FOR ALL THE DRAWINGS. SO THAT'S WHY THIS IS AN OLDER DRAWING. UM, SO WHEN THIS GOES BACK, THIS WILL BE TWO FOOT 11 ON THAT SIDE AGAINST THE PROPERTY LINE. AND THIS WILL BE TWO FOOT 7.5 I THINK ON THIS SIDE, UH, OF THE PROPERTY LINE. SO IT'S NOT, SO EVEN THOUGH LIKE BACK, THIS IS LIKE 29 AND A HALF HERE, IT, YOU KNOW, THIS IS WHERE THE VARIANCE AND SO I HAD ASKED FOR A VARIANCE OF 2.6 ON EACH SIDE AND IF YOU, YOU SEE, YEAH, 'CAUSE THIS IS JUST OF WHERE THE WIDTH OF THE STRUCTURE. BUT WE HAD, WE SHAVED IT DOWN TO, I BELIEVE 26 FEET IS A WIDTH. SO IT'S ACTUALLY GONNA BE EVEN SMALLER. OKAY. SO MY QUESTION, I HAVE A QUESTION FOR STAFF. SO IF SHE WERE TO PUT THE STAIRCASE ON THE EXTERIOR OF THE BUILDING, WOULD THAT IMPROVE IN TERMS OF THE NECESSITY FOR THE SIDE SETBACKS? WOULD IT, WOULD IT IMPACT THE SIDE SETBACK REQUIREMENTS AT ALL? IT DOES IMPACT THE SIDE SETBACK TO PUT A STRUCTURE INTO YOUR SETBACK. ANY KIND, WHETHER IT'S STAIRS OR IT DOES IMPACT IT. SO [02:35:01] REGARDLESS IF IT WAS ON THE INSIDE OR THE OUTSIDE. CORRECT. YEAH. AND I DON'T, I DON'T THINK THE STAIRS WERE THE ISSUE . IT'S THE ACTUAL SIDES OF THE STRUCTURE. YEAH. THANK YOU MR. BRAGAN. UH, MR. ORIAN, UM, THE, ON THE, UM, WE COULD SHAVE A LITTLE OFF ON THIS IS MY EX-HUSBAND WHO'S AN ARCHITECT AND USED TO BE AT OVERLAND PARTNERS IN SAN ANTONIO. UM, BUT UH, HE MOVED BACK TO SWEDEN WHERE WE'VE BEEN LIVING FOR MANY YEARS. AND NOW I'VE MOVED BACK HERE AND THE CODES THERE OF THESE THICK WALLS ARE BIGGER, WHICH IS WHY WE ARE SHAVING OFF. 'CAUSE I'VE HAD TO GO BACK TO HIM AND SAY WE NEED TO LIKE, MAKE THE WALLS THINNER SO THAT WE CAN MAKE THE STRUCTURE SMALLER BECAUSE HE MADE THESE BIG THICK WALLS. IF THAT MAKES SENSE. THAT'S HOW I MADE BOTH TO ALSO LIKE SHAVE OFF SOME OF THE WIDTH OF IT BECAUSE HE HAD MADE THICK TO THE SWEDISH CODES WHERE YOU HAVE TO HAVE VERY, VERY THICK WALLS FOR INSULATION. SO I HAVEN'T GONE BACK TO HIM JUST BECAUSE I WANT TO HEAR HOW THIS GOES. SEE WHAT WE CAN DO TO TRY TO GET THIS, UH, APPROVED. THANK YOU. UH, MR. WAREN, DID YOU HAVE ANY QUESTIONS FOR THE APPLICANT? OKAY, WE CAN'T HEAR YOU. COULD WE TRY AGAIN? I THOUGHT HEARD. SO MR. ORIAN, ARE YOU IN? OKAY, WELL WE'RE WAITING FOR HIM. ANY OTHER QUESTIONS? MANNA MR. MANNA? SO, UM, SO CAN YOU BRING UP A GOOGLE MAP AND, AND DRIVE IN THE ALLEY? AND SO THE QUESTION, UM, IS NEXT DOOR TO YOU, UM, FACING ON, I'M NOT SURE WHICH. SO, SO IN YOUR, IF I'M LOOKING AT FROM THE ALLEY TO THE RIGHT, IT LOOKS LIKE, UH, THERE WAS A SLAB THERE AND THEY MAY HAVE TAKEN DOWN, UM, WHATEVER WAS THERE AND THEY'RE PUT IN SOMETHING BACK. IS THAT ALREADY BUILT, CONSTRUCTED AS FAR AS, UM, OH, THERE'S, THERE'S NO STRUCTURE IN THE BACK OF THE PROPERTY AT THIS POINT ON YOURS, BUT I'M TALKING ABOUT YOUR NEIGHBORING PROPERTY AND SO, SO ON BOTH SIDES. OH, AT THE ALLEY, IS THAT WHAT YOU MEAN? NOPE. ON SAME SIDE OF YOUR STREET. SO SAME SIDE. SO, SO IT LOOKS LIKE THERE WAS A, THERE IS A STRUCTURE, UM, UH, FACING THE ALLEY, UH, OR FACING YOUR HOUSE FROM THE ALLEY TO THE LEFT AND THEN PREVIOUSLY OH YES, YES. OKAY. YOU'RE TALKING ABOUT THIS ONE. SO CAN YOU DRIVE DOWN FURTHER AND POINT INTO THE BACKYARD? 'CAUSE RIGHT NOW THEY HAVE BUILT AN ACCESSORY STRUCTURE THERE THAT IS COMPLETED AND IT IS ABOUT TWO AND A HALF ON EACH SIDE AND IT'S A TWO STORY STRUCTURE WITH A BALCONY FACING THE GARDEN. AND THEN IF WE GO TO THE OTHER SIDE, IT'S THE SAME KIND OF THING WHERE, BUT, BUT MAYBE A LITTLE BIT MORE SPACE. SO IF YOU GO TO THE, TO THE OTHER SIDE PROPERTY FACING THE BACK. YES. SO THAT ONE'S ALMOST UP TO THE PROPERTY LINE WHERE THAT ACCESSORY STRUCTURE IS. AND IT IS THAT BACK, IT'S THOSE PEOPLE THAT ARE THE ONES THAT BACK INTO MY PROPERTY ALL THE TIME. BUT IF WE SPIN AROUND AND I'M LOOKING AT THE, THE ADJACENT PROPERTY OR THE BUDDING PROPERTY, UM, ON THE OTHER SIDE. SO YES. AND THEN THAT ONE, AS YOU SEE THAT GOES, THERE WE GO ALMOST UP TO THE PROPERTY LINE. OKAY. SO, SO JUST AS AN SO, SO YOU KNOW, YOU'VE, YOU'VE MADE SOME CHANGES HERE AND SO, SO JUST TALK ABOUT SOME MORE CHANGES HERE. BUT PART OF THE DI DIALOGUE IS, IS SAFETY FOR BASICALLY FOR ALL THOSE HOMES AND WE LOOK FOR MINIMUM SPACING BETWEEN HOME TO HOME TO HOME, UM, TO PREVENT FIRE SPREAD AND THINGS LIKE THAT. AND SO, AND SO, YOU KNOW, IT'S, YOU KNOW, YOU'RE REALLY CLOSE WITH REGARDS TO THE SIZE. AND SO, UM, IS THERE, IS THERE ANY LEEWAY MAYBE FOR AN INCH OR TWO MORE OFF THE SIDE OR ARE YOU PRETTY MUCH YES, PER WELL, I, I COULD, I I WILL HAVE TO GO BACK TO HIM TO RIGHT. GET HIM TO ADJUST IT. UM, AND I ALSO HAVE TOLD AND STATED MY CASE TO THE KING WILLIAMS, I MEAN TO THE HISTORICAL COMMISSION ALSO THAT I WOULD USE, UM, MATERIALS THAT ARE LESS LIKELY TO, UM, UH, BURN. LIKE I'M USING HARDY BOARD SIDING, UH, IN A, A SIZE THAT WILL KIND OF MATCH THE HOUSE. UM, BUT IT'S HARDY BOARD. I'M HAVING METAL ROOF THAT IS SIMILAR TO THE ORIGINAL STRUCTURE. I GREW UP IN MONTE VISTA AND I WAS IN A HOUSE THAT BURNED DOWN IN THE MIDDLE OF THE NIGHT. SO I'M VERY WELL AWARE OF AND FEARFUL OF FIRES. SO I WOULD DO ANYTHING TO, TO NOT , YOU KNOW, HAVE THAT SITUATION. SO MY STRUCTURE WILL BE AS FIREPROOF AS I CAN POSSIBLY MAKE IT. UM, AND UH, YES, I'M WILLING TO WORK WITH, UM, RECOMMENDATIONS. OKAY, THANK YOU. ANY OTHER QUESTIONS OR CAN Y'ALL HEAR ME? YEAH, WE CAN HEAR YOU NOW. OKAY. SO STAFF, CAN YOU PLEASE BRING UP THE SURVEY THAT'S PART OF THE FILE ON THE SCREEN AND UH, YEAH, THERE YOU GO. SO ON THE VERY TOP IT SAYS IT'S 29 AND A HALF PER THE N C V BAG, BUT BASED [02:40:01] ON MONUMENTATION AND WHAT THE, THE, THE SURVEY IS ATTESTING TO THE BOUNDARY. HE'S SAYING IT'S 32.0, 32.08 FEET WIDE. AND IF YOU GO BACK FIVE FEET WITH THE SIDES GOING OFF AT THAT ANGLE, YOU ACTUALLY GET, UM, I DREW IT UP IN CAD WHILE WE WERE WAITING. YOU, YOU GET 32.69 FEET AT FIVE FEET BACK. SO I MEAN, I JUST, I JUST WANNA MAKE SURE THAT THAT UH, UM, YOU KNOW, EVEN IF YOU GAVE THREE FEET ON EITHER SIDE, YOU'RE STILL GONNA HAVE 26 FEET OF, OF, UH, ROOM FOR A BUILDING, WHICH IS SUPER ADEQUATE FOR A TWO CAR GARAGE. UM, SO I JUST WANTED TO PUT THAT OUT THERE. I MEAN, THAT'S ALL BRAGMAN MS. BRAGMAN. SO A QUESTION THAT THE SLAB THAT'S EXISTING, UH, AND IT'S HARD TO TELL FROM THE PICTURE IN THE PRESENTATION, HOW FAR BACK DOES THE SLAB GO TOWARDS THE ALLEYWAY? IS THERE, IS THERE ROOM BETWEEN YOUR BACK FENCE AND THE BACK EDGE OF THE SLAB THAT'S THERE? YEAH, AS YOU SEE, I, I THINK IT GOES ALL THE WAY UP TO THE PROPERTY LINE. UM, AND AS I HAD SAID THAT THE CITY DIDN'T REQUIRE THAT I HAVE ANY VARIANCE SO THAT I COULD BUILD UP IT, BUT I DON'T THINK I SHOULD. I, I, THAT'S WHY I WANT TO BUILD THE MAIN STRUCTURE FIVE FEET FROM THE PROPERTY LINE. NO, AND I WAS JUST ADDRESSING MR. ORION'S COMMENT ABOUT, YOU KNOW, MOVING IT FORWARD. IF YOU'RE TRYING TO BUILD IT ON THE EXISTING SLAB, THEN IT SOUNDS LIKE YOU'RE GONNA HAVE TO LAY ADDITIONAL SLAB. YEAH, I THINK I WILL HAVE TO LAY ADDITIONAL SLAB. OKAY. MM-HMM. . YEAH, I'M NOT GONNA BE ABLE TO USE THAT EXCEPT THEY WERE HAPPY THAT THERE WAS SOMETHING THERE. 'CAUSE IT HELPS THE SLAB. YEAH. GOTCHA. ANY OTHER QUESTIONS FOR THE APPLICANT? UH, LET'S SEE IF WE HAVE ANY PUBLIC COMMENT TO BE READ. OH, ONE VOICEMAIL. GOOD AFTERNOON. MY NAME IS TERRY HUNTER. I RESIDE AT ONE 50 CROFTON AVENUE IN KING WILLIAM, WHICH IS NEXT DOOR TO 1 4 8 CROFTON IN REFERENCE TO B O A 23 DASH 1 0 3 DASH 0 0 3 5. I RESPECTFULLY REQUEST THAT THE BOARD OF ADJUSTMENTS DENY THE APPLICATION VARIANCE REQUEST TO BUILD A 27 BY 27 2 STORY, TWO CAR GARAGE ON A 29 FOOT WIDE ALLEY LOT. HER O H P APPLICATION DID NOT INCLUDE THE PLACEMENT OF A GARAGE, THE POOL AND ARBOR ON THE PLAT THAT SHE SUBMITTED THE O H P STAFF. AND THEIR RECOMMENDATION TO THE HR D C BOARD STATED THEY WOULD NOT BE ABLE TO ISSUE A C O A UNTIL SHE SUBMITTED A QUOTE, COMPREHENSIVE MEASURED SITE PLAN AND THEN ME MEASURED ELEVATION UNQUOTE. THUS, IT APPEARS YOU DO NOT HAVE ALL THE INFORMATION YOU REQUIRED TO RENDER A VARIANCE DECISION. IN SUMMARY, DUE TO THE LACK OF DETAILED SPECIFIED INFORMATION, AGAIN REQUEST THE B O A BOARD DENY THIS VARIANCE REQUEST. THANK YOU FOR THIS OPPORTUNITY TO MAKE THIS ORAL PRESENTATION. AGAIN, I'M TERRY HUNTER AT 1 5 0 CROFTON AVENUE IN KING WILLIAM. AND MY CELL PHONE NUMBER IS (757) 254-9911. GOODBYE. ALRIGHT. AND THAT'S THE ONLY PUBLIC, UH, COMMENT TO BE READ OR? YES, SIR. OKAY, THANK YOU. UH, AND THERE ARE TWO WRITTEN, UH, ONES OF MY OTHER NEIGHBORS IN SUPPORT. COULD WE, UH, PUT THOSE IN THE PUBLIC RECORD AND JUST, DO WE HAVE THE ADDRESSES FOR THOSE, UH, TO YES, I, THEY ARE, THEY'RE MY HOUSE TO THE LEFT AND THE ONE ON THE CORNER, THEY ARE 1 58 AND 1 46. AND THOSE ARE REFLECTED RIGHT ON THE, ON THIS MAP? YEAH. OKAY. AND THEN LETS, UH, YEAH, SHOULD WE, WE HAVE ANY QUESTIONS FOR THE APPLICANT? SO YOU SAID THAT YOU HAD AN EMAIL FROM, UM, FROM THE YES. COULD YOU, COULD YOU, YOU SUBMIT THAT RIGHT NOW? YEAH, IF YOU SHOW 'EM THEIR PHONE, THEN WE CAN SEE WHAT THAT SAYS, BUT RIGHT BEHIND ME SAYS, CONTAIN OUR AGAINST [02:45:04] CHAIRMAN. WE CAN HEAR YOU MR. CHAIRMAN? YES, SIR. QUESTION FOR STAFF? YEAH. OKAY, LET'S GO AHEAD AND QUESTION FOR STAFF WHILE SHE'S LOOKING FOR THE EMAIL. THE SPEAKER THAT SPOKE SPOKE ABOUT H D R C. WELL, WHAT H H D R C DOES IS REALLY, WE RESPECT, BUT IT, IT, IT DOESN'T TAKE U D C AS THAT WE'RE BY ITSELF, YOU KNOW, A UNIT COMPARING TO, SO I, I DON'T SEE THE SIGNIFICANCE OF THIS. OH, AND I HOPE THE BOARD SEES THAT TOO. YEAH, WE ARE IN TOWN ALMOST COMPARING TO THEM. COULD YOU? THANK YOU. THANK YOU MR. ZU AGAIN. THANKS. OKAY, WE'RE WAITING FOR THE EMAIL TO BE PROVIDED A PUBLIC RECORD. THAT WAS THE WRONG ONE. OH YES. HERE. ANY CHANCE WE CAN GET THAT READY IN? I CAN'T. OKAY. MIND CAN YOU READ THAT IN FOR THEM? JOSEPH? WE REVIEWED YOUR PLANS AT OUR ARCHITECTURAL ADVISORY COMMITTEE MEETING LAST NIGHT AND ARE RECOMMENDING TO THE H C R C THAT THEY BE APPROVED AS RECOMMENDED BY THE O H P STAFF. I'M GLAD TO KNOW THAT YOUR FAMILY HAS ROOTS HERE AND YOU'RE CONTINUING THAT TRADITION. ALL THE BEST. MIKEY CONRAD AND MIKEY CONRAD'S POSITION IS WHAT NOW? TO THAT THEY APPROVE AS RECOMMENDED BY THE STAFF. SO IT WAS APPROVED ON WEDNESDAY BY THE H O H P. UM, THAT'S GOOD. AND WITH, UM, THAT I JUST HAVE TO SHOW THEM. THEY GAVE SPECIFICS ON THE TYPE OF METAL WIDTH, THE WIDTH OF THE, OF THE METAL ROOF AND THE DETAILS FOR THE WINDOWS. AND THEY NEED AN ADDITIONAL, UH, ELEVATION BECAUSE I, I WITHDREW THE, THE POOL AND THE, UM, PERGOLAS FROM THE ORIGINAL APPLICATION. AND SO THEY WANTED TO SEE A, A REVISED WITHOUT THE POOL AND THE PERGOLAS MR. STAFF. THANK YOU MS. ALMAN. COULD WE SEE IT HERE? YES. UH, WHAT'S THE QUESTION? MR. I SEE IT ON THE SCREEN HERE. WHAT'S, IT'S, HE READ IT IN FOR THE RECORD. AND THAT'S FROM H D R C. IS THAT HELPFUL? OKAY, THANK YOU. UM, MS. OLSEN, WOULD YOU LIKE TO PROVIDE ANY FINAL COMMENTS BEFORE WE CLOSE THE PUBLIC PORTION? UM, OH, JUST, I HOPE THAT I AM ABLE TO GET THIS, 'CAUSE WHEN I PURCHASED IT, THE, UH, OF COURSE THE SELLER, THE AGENT FOR THE SELLER WAS UM, SAYING, OH, SEE, IT'S LIKE, IT'S QUITE EASY TO GET A VARIANCE FOR A GARAGE AND A GARAGE APARTMENT. AS YOU CAN SEE, ALL OF THESE ON YOUR ALLEY HAVE A GARAGE. I MEAN, I MEAN SO MANY HAVE GARAGE AND GARAGE APARTMENTS ON THE ALLEY BECAUSE I WAS VERY CONCERNED WHEN I WAS PURCHASING IT THAT THERE WAS NO STRUCTURE TO HAVE MY CAR. I ALSO HAVE, MY SON LIVES IN SWEDEN AND I WANT TO HAVE A PLACE SO THAT WHEN HE'S HERE ANTICIPATING THAT HE WILL EVENTUALLY HAVE A FAMILY, HE'LL HAVE A PLACE WHERE HE CAN BE WHEN I'M TO VISIT AND WHICH IS WHY I WANNA HAVE AN APARTMENT ON TOP OF THE GARAGE TO HAVE A, AN ACCESSORY THAT MY FAMILY CAN USE. THANK YOU MS. OLSON. ALRIGHT, THAT CLOSES THE PUBLIC PORTION. I'D ASK A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION. THANK YOU. WE DON'T TO SPEAK SO THERE'S A PUBLIC . OH, IS THERE PUBLIC TO SPEAK? ARE WE ALREADY HAD ASKED FOR THE PUBLIC? UH, YEAH, WE ALREADY HAD THE, UH, DID WE PUT, WE PLAYED THE VOICEMAIL, RIGHT? YEAH, THERE'S NO, NO ONE SIGNED UP TO SPEAK. DID YOU SIGN UP TO SPEAK, SIR? YES. WHAT'S YOUR NAME, SIR? JERRY HUNTER. YOUR NAME'S NOT ON THE, ON THE FORM, BUT HE ALREADY VOICEMAIL. WE HAD YOUR VOICEMAIL, BUT I STILL SPEAK. IT'S UP TO YOU. UH, CHAIR. WELL, OKAY. CAN WE PLEASE, PLEASE COME FORWARD? THREE MINUTES. UH, PRESENTATION. SIR. MARCO, CAN YOU HEAR ME AGAIN? YES, COMMISSIONER. OKAY, THANK YOU. I DON'T KNOW WHAT, THANK YOU VERY MUCH SIR. PLEASE STATE YOUR NAME FOR THE RECORD. MY NAME IS TERRY HUNTER. I RESIDE AT ONE 50 CROFTON AVENUE. I, MY PHONE NUMBER, IT'S ON, ON THE VOICEMAIL, ET CETERA? YES, SIR. I JUST WANTED TO, UH, CAN YOU SHOW THE PICTURE OF THE, OF THE PERSON NEXT [02:50:01] TO WITH THE TWO CAR GARAGE PLEASE? ON THAT STREET IN THAT ALLEY, SIR, THERE ARE 14 HOUSES, FIVE HAVE GARAGES AND NINE THE OTHER ONES DO NOT. UH, ONLY TWO WHO, TWO OF THOSE HAVE APARTMENTS ON IT ABOVE, ABOVE THE STRUCTURE. ONE WAS JUST RECENTLY BUILT AND IT, IT, IT OP HE HE FINISHED THE CONSTRUCTION ABOUT A MONTH AGO. UH, NO, THE ONE WITH THE, THE ALLEY, THE ONE AT 1 4 6. I EVEN SENT YOU A PHOTO OF IT. KEEP GOING. AND THAT'S, THAT'S, THAT'S A VERY DATED ONE. THAT'S WHEN, THAT'S WHEN HE CLEARED IT. NOW IT'S BUILT. I, I SENT YOU THE PHOTO AND ANY, ANY EVENT, THE ONLY, UH, NEW STRUCTURE IS HER NEXT DOOR NEIGHBOR AT, UH, AT 1 4 6 CROFTON. IT'S, UH, THERE IT IS. I CAN'T BACK UP SOME, ANY EVENT. AS YOU CAN SEE, THE HOUSE IS SET BACK. HE DID HAVE A A I FOUND OUT IN TALKING TO HIM THAT HE DID HAVE A THREE FOOT VARIANCE, UH, WHEN HE BUILT THAT. BUT, UH, WE REALLY FEEL STRONGLY THAT OUR NEW NEIGHBORS SHOULD HAVE A FIVE FOOT, UH, FOOT SETBACK, AT LEAST ON OUR SIDE. AND, UH, AND AS I SAID IN MY, MY VOICEMAIL ABOUT THE O H P UH, DECISION, IT WAS BASED ON THEY, THEY WOULD NOT ISSUE THE CERTIFICATE OF APPROPRIATENESS UNTIL SHE HAD THOSE DIMENSIONS AND THE OTHER ITEM THAT THEY REQUIRED. SO I JUST WANTED TO MAKE SURE THAT, AND, AND THE MOST IMPORTANT THING WAS THAT IT WASN'T THERE. AND WHEN WE SUBMIT OUR PACKETS, WE HAVE THE PLAT AND WE SHOW WHERE THE GARAGE IS GONNA GO. WE SHOW WHERE, WHERE ALL OUR ITEMS ARE GONNA BE. AND ON THIS PLAT, IT'S JUST BLANK. IT DOESN'T SHOW YOU WHERE HER ARBOR'S GOING, WHERE HER POOL IS GONNA GO AND WHERE THE GARAGE IS GONNA BE SET BACK. IT'S JUST, IT'S JUST THIS. AND IT SHOWS THE OLD, UM, THE OLD GARAGE THAT BURNED DOWN BACK IN THE, UH, I THINK THE SEVENTIES. SO I JUST DON'T THINK YOU HAVE ALL THE INFORMATION YOU NEED UNTIL SHE HAS THAT LAID OUT FOR YOU. YOU WANT ANY QUESTIONS FOR, UH, MR. HU? SO I JUST, YEAH, SO I JUST WANNA CLARIFY. SO, SO YOU'RE IN THE ABUTTING PROPERTY, THAT'S TO THE, I GUESS FACING THE HOUSE ONTO THE RIGHT SIDE? CORRECT. SO ONE FOOT FROM THE STREET, IT'D BE ON THE RIGHT HAND SIDE. RIGHT HAND SIDE, LEFT. AND THEN, AND THEN WHAT YOU'RE TALKING ABOUT IS THE FIVE FOOT SETBACK. YOU'RE STILL, YOU'RE STILL THINK THAT A FIVE FOOT SET SIDE SETBACK IS APPROPRIATE, IS IT? YES, I DO. OKAY. UM, STRONGLY DO. YES SIR. AND YOUR STRUCTURE, YOUR STRUCTURE ON YOUR PROPERTY, SO, SO IS THERE A SETBACK ON YOUR SIDE AS, I DON'T HAVE ANY KNEE FOR A SETBACK, SIR. MY HOUSE GOES BACK TO 1891. OKAY. WE HAVE NO RESTRICTIONS. WELL, NO, BUT, BUT JUST SAYING, SO WHAT I'M GONNA SAY IS WE HAVE, WE DON'T HAVE A GARAGE. WE HAVE, WE HAVE A, UH, A CASITA THAT WAS BUILT IN 1891. IT WAS, WAS A, WAS A, UH, A SEED, UH, FEED AND, UH, MAINLY A, A STORE OR, UH, SEED FOR THE FARMERS. AND WHAT'S, THAT'S WHY WE HAVE THE DRIVEWAY. UM, SHE DOESN'T HAVE A DRIVEWAY. NEITHER DOES THEY PERSON THAT 1, 4, 6, VERY FEW PEOPLE ON THAT STREET HAVE A DRIVEWAY. AND UM, AND WE HAVE ONE 'CAUSE IT BECAUSE OF THAT FEED STORE. OKAY. OKAY. NOW I WAS JUST, I WAS TRYING TO LOOK AT THE ARROW VIEW AND TRY TO UNDERSTAND THE PICTURES THERE. SO DO YOU HAVE THAT FORM? OKAY, THE OVERVIEW. OKAY. ORIAN, MR. ORIAN, I'M READY TO READ A MOTION IF THERE'S NO OTHER QUESTIONS. WELL, I'D LIKE THE, UM, THE APPLICANT, SHE HAS THE RIGHT TO MAKE A REBUTTAL. WE'VE HEARD THE COMMENTS FROM MR. HUNTER. OKAY. SO, UM, I CAN'T HEAR YOU SIR. YOU CAN, I, I WOULD LIKE THE APPLICANT TO PLEASE COME FORWARD AND SHE HEARD THE COMMENTS FROM MR. HUNTER IF, AND SHE'D BE ABLE TO PROVIDE A REBUTTAL TO THAT. AND THEN, UH, WE'LL CLOSE THE PUBLIC PORTION. MS. OLSSON, PLEASE PROCEED. UH, YES. WELL, I, I WISH TERRY THAT YOU HAD MENTIONED SOMETHING BEFORE, UH, WE COULD HAVE DISCUSSED THIS. UM, UH, BUT ANYWAY, THE, THE PROPERTY, THE, AS I SAID, THE PROPERTY WILL BE SET BACK, IT WILL BE ALMOST THREE FEET ON EACH SIDE WHERE IT'S ACTUALLY GONNA BE BUILT. AND, UM, THE ACCESSORY STRUCTURES ON TERRY'S PROPERTY ARE ACTUALLY AT, ALMOST AT THE PROPERTY LINE ON THE OTHER SIDE. AND THERE'S NO BUILDING ON TERRY'S PROPERTY THAT IS CLOSE TO MINE. SO BETWEEN ANY KIND OF BUILDING THAT HE WOULD HAVE AND THE STRUCTURE THAT I WOULD HAVE IS QUITE, I DON'T KNOW HOW MANY FEET, BUT IT'S QUITE BIG. IT, THERE'S NO STRUCTURE NEXT, NEXT TO WHERE I WOULD BUILD IT ON HIS SIDE. SO THERE'S NO RISK FOR FIRE OR ANYTHING LIKE THAT. SO IF WE HAVE THE STRUCTURE, IF WE WANT, I CAN, WE CAN CENTER IT SO THAT IT'S A LITTLE BIT CLOSER TO THE OTHER PROPERTY AND A LITTLE FURTHER AWAY FROM TERRY'S PROPERTY JUST TO, [02:55:01] YOU KNOW, TRY TO BE ACCOMMODATING TO, TO MOVE IT. 'CAUSE I, RIGHT NOW I HAD, UH, IT WAS TWO FOOT 11 INCHES MM-HMM. AT THAT POINT, UH, TOWARDS MY OTHER NEIGHBOR WHO WAS IN APPRO UH, APPROVING THIS. AND HE HAD WRITTEN IN HIS, UH, LETTER THAT HE APPROVED 2.6 SO I COULD MOVE THE WHOLE STRUCTURE THAT NUMBER OF INCHES OVER TOWARDS THAT PROPERTY. SINCE HE'S ACTUALLY SAID AND STATED 2.6 FEET IS FINE FOR THAT VARIANCE. THANK YOU. AND ON THAT SIDE IT WAS TWO FOOT 11, RIGHT? AND ON TERRY'S SIDE IT WAS ACTUALLY TWO FOOT SEVEN AND A HALF. BUT I COULD MOVE THAT OVER SO IT WOULD BE THE THREE FEET SALSA. WHAT ABOUT LIKE GUTTERS? YOU INTEND TO HAVE GUTTERS ON THE, ON THE BUILDING AS WELL? YES. TO DIRECT THE WATER AWAY FROM YOUR NEIGHBOR? YES. OKAY. AND COULD YOU JUST STATE THAT FOR THE RECORD THAT YOU INTEND TO HAVE GUTTERS? YES, YES. I'LL DO THAT. ESPECIALLY 'CAUSE I HAVE A PECAN TREE. YES, MA'AM. THAT'S QUITE TALL. THAT'S BACK THERE. OKAY. THANK YOU. MM-HMM. , THAT WOULD CLOSE THE, THE PUBLIC PORTION. I'D ASK A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION ORIAN MR. ORIAN? YES. UH, REGARDING CASE NUMBER BO EIGHT DASH 23 DASH OH 3 0 3 5, I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED REQUEST FOR A TWO FOOT VARIANCE ON THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW THE STRUCTURE TO BE THREE, THREE FEET TO ALLOW A STRUCTURE WITH GUTTERS TO BE THREE FEET FROM THE SIDE PROPERTY LINE SITUATED AT 1 48 CROFTON AVENUE APPLICANT BEING MANNETTE OLSSON. BECAUSE THE TESTIMONY PRESENTED WITH US AND THE FACTS WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS THERE WILL BE ROOM BETWEEN THE SIDE SETBACK AND STRUCTURE. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP AS IT WOULD SIGNIFICANTLY IMPACT THE PRACTICALITY OF THE PROPOSED STRUCTURE. THREE, BY GRANTING THE VARIANCE OF 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. REDUCING THE SITE SETBACK STILL LEAVES ENOUGH ROOM TO PROVIDE NOISE AND FIRE PROTECTION TO NEIGHBORING PROPERTIES. FOUR. THE VARIANCE OF NOT AUTHORIZED OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED, NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACT OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REDUCED SIDE SETBACK WILL NOT INJURE THE NEIGHBORING PROPERTIES 'CAUSE OTHER SIMILAR SITE SETBACKS WERE OBSERVED FOR ACCESSORY STRUCTURES IN THE AREA. SIX. THE PART OF THE OWNER OF THE PROPERTY FOR VARIANCE SOUGHT IS DUE, DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIR CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND AREN'T MERELY FINANCIAL OR NOT DUE TO WHERE THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS IT APPLY TO THE OWNER FOR THE OF THE PROPERTY FOR WHICH THE REDUCED FRONT SET, THE REDUCED SIDE SETBACK VARIANCE TO SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS THE LOCATION. END OF MOTION. SECOND. A SECOND FROM, IS THAT MS. DORIAN? OKAY. YES. AND I JUST, I JUST WANTED TO STATE THAT I WENT, I WENT TO THREE FEET BECAUSE I, I I, I HEARD THE APPLICANT STATE THAT THEY WERE UNDER THE IMPRESSION THEY HAD 29 AND A HALF, BUT THEY REALLY HAVE 32. AND SO I THINK THREE FEET SHOULD STILL GIVE THEM ADEQUATE ROOM TO, TO BILL WHAT THEY, WHAT THEY ARE INTENDING TO BILL. ALRIGHT. I CONCUR WITH MY COLLEAGUE, MR. MANNA. OKAY. OKAY. SO LET'S GO AHEAD AND TAKE A ROLL CALL. VOTE CHAIR. ORIAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. MENCHACA. I CONCUR. MS. CRUZ. I CONCUR. MR. ZUNIGA. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR. MR. VASQUEZ. I CONCUR. MS. BRAGMAN I CONCUR WITH THE FINDINGS OF FACT. MS. OZUNA. YES, I CONCUR. UH, WITH 10 FAVORS, YOU'RE IN OPPOSITION. THE THREE, UH, THE, THE, UH, VARIANCE, UH, PASSES AS, AS AMENDED OR AS READ. THANK YOU. THANK YOU SO MUCH. 1 36 BO EIGHT DASH 23 DASH 0 3 3 6. UM, THE ADDRESS ON THERE IS ISN'T CORRECT. IT'S ONE 18 SHENANDOAH STREET AND THE COUNCIL DISTRICT IS TO APPLICANT FERNANDO GARCIA. AND THE REQUEST IS FOUR FIVE FOOT VARIANCE FROM THE MINIMUM 10 FOOT REAR SETBACK REQUIREMENT TO ALLOW A FIVE FOOT REAR SETBACK LOCATED IN AN R FOUR. THE SUBJECT PROPERTY IS LOCATED ALONG SHENANDOAH STREET ON THE EAST SIDE NEAR THE ALAMO DOM. AND THE APPLICANT IS CONSTRUCTING [03:00:01] TWO STRUCTURES WITH A TOTAL OF THREE UNITS AND ACROSS AND ADJUSTMENT FOR THE REAR SETBACK TO BE FIVE FEET FROM THE REAR PROPERTY LINE. THE APPLICANT SUBMITTED PLANS FOR MULTIPLE BUILDINGS AND THE RM FOUR PROPERTY PRIOR TO THE RE RECENT U D C AMENDMENT THAT REQUIRES ALL DWELLINGS TO BE LOCATED IN ONE STRUCTURE ON THAT'S ONE THIRD OF AN ACRE OR LESS. HERE'S THE SITELINE, THE SUBJECT PROPERTY AND THE SURROUNDING AREA. STAFF RECOMMENDS APPROVAL ON THE REAR SETBACK VARIANCE BASED ON THE FOLLOWING FINDINGS EFFECT. ONE, THERE WILL BE ADEQUATE SPACE BETWEEN THE STRUCTURE AND NEIGHBORING PROPERTIES, AND TWO, IT WILL NOT ALTER THE CENTRAL CHARACTER OF THE NEIGHBORHOOD. UM, WE MAILED 35 NOTICES. WE GOT ONE IN FAVOR AND CAN, THERE'S ONE. OKAY. I DIDN'T HEAR THE REST. JUST ONE SECOND. WE'RE CLARIFYING SOMETHING. OKAY. THERE WAS NONE IN OPPOSITION AND THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION. ONE IN FAVOR, NONE IN OPPOSITION. AND THEN THE NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION. AND THANK YOU. THAT CONCLUDES STAFF PRESENTATION AND APPLICANT IS PRESENT. OKAY. LET'S SEE IF ANY QUESTIONS FOR THE, UH, STAFF FIRST BEFORE WE BRING THE APPLICANT. OKAY. UH, THE APPLICANT PLEASE COME FORWARD AND, UH, BEGIN YOUR PRESENTATION. HELLO, GOOD AFTERNOON. MY NAME IS, UH, FERRANO CIA AND I AM THE DEVELOPER FOR THE PROJECT I'M DOING IN 1 1 8 SHENANDOAH. THANK YOU. UM, I ALSO DO NOT HAVE A POWERPOINT PRESENTATION FOR ALL OF YOU, SO I, UH, DEEPLY APOLOGIZE FOR THAT. UM, I PRETTY MUCH ONLY BECAUSE IT WAS PRETTY SIMPLE IN MY OPINION, ALL I'M ASKING FOR IS, UH, FIVE FOOT REAR SETBACK VERSUS 10. UM, ONLY BECAUSE I FEEL AS THOUGH, UH, THIS IS GOING, THE ENTIRE NEIGHBORHOOD IS CHANGING EXTREMELY RAPIDLY. UH, AND SO MY PROJECT IS, UM, A LITTLE UNIQUE COMPARED TO THE REST, BUT I FEEL AS THOUGH THAT'S GOING TO ATTRACT A LOT OF ATTENTION AND MAKE THE NEIGHBORHOOD LOOK, UH, A LITTLE PRETTIER THAN BEFORE. SO, UM, AND STAFF IS IN SUPPORT 'CAUSE IT WON'T ALTER HOW THE REST OF THE NEIGHBORHOOD LOOKS. UM, I ALSO HAVE A SITE PLAN HERE THAT LOOKS A LITTLE BIGGER THAN THE ONE THAT'S ON SCREEN. SO, UH, WE COULD PUT IT UNDER, UH, OVER HERE SO I CAN TAKE A BETTER LOOK. ALSO, I DON'T HAVE, YEAH, IT LOOKS LIKE IT WASN'T UPDATED ON THE PRESENTATION, BUT THERE WAS OPPOSITION, UM, THAT I GOT BY MAIL FOR 8 2 3 PALMETTO, THE ONE BEHIND IT. SO IF YOU GUYS HAVE ANY QUESTIONS, UH, I CAN, I CAN ANSWER ANY. ALRIGHT. ANY, ANY QUESTIONS FOR THE APPLICANT? MENCHACA MR. MENCHACA? YES. COULD YOU USE A POINTER AND OUTLINE THE REAR STRUCTURE, WHAT IT REALLY LOOKS LIKE? THIS ONE? YEAH. OKAY. SO AS I'M PRESENTING THE PROJECT RIGHT NOW, THIS IS THE REAR SETBACK. OVER HERE IS FIVE FEET, AND OVER HERE IS FIVE FEET. AND THE REASON WHY I'M REQUESTING IT THIS WAY IS SPECIFICALLY FOR CONVENIENCE SAKE, UH, FOR THE RESIDENTS THAT ARE GOING TO BE LIVING THERE, UM, I IT IS PHYSICALLY POSSIBLE TO MAKE THE 10 FOOT SETBACK ON BOTH OF THESE. IT IS POSSIBLE A HUNDRED PERCENT JUST THAT IT'S GONNA DECREASE THE WIDTH OF THE DRIVEWAY TO 15 FEET ON, UH, BOTH ENDS. AND THIS ONE'S GONNA BE 25 FEET. AND THESE ARE SINGLE CAR, UH, GARAGES THAT ARE GONNA BE IN THE STRUCTURES HERE AND HERE. SO I WAS JUST TRYING TO ACCOMMODATE FOR THE RESIDENTS LIVING IN THE UNITS. SO THESE ARE RENTAL PROPERTIES, UH, WHICHEVER COMES FIRST. IF THEY RENT FIRST, THEN I WILL RENT. IF SOMEONE WANTS TO PURCHASE THEM, THEN I'LL SELL THEM MANNA. THANK YOU MR. MANNA. SO QUESTION FOR STAFF. [03:05:01] SO, SO, UM, IN AN RMM FOUR DISTRICT, SO IT LOOKS LIKE WE'RE LOOKING AT 90% IMP PREVIOUS COVER. IS THAT PERMITTED IN AN RMM DISTRICT? UH, ARE YOU TALKING ABOUT THE, UH, BUILDINGS BEHIND THE, THE SETBACK OR? WELL, ESSENTIALLY HE'S GOT THREE BUILDING OR TWO BUILDINGS COMING IN. UM, AND THEN, AND THE REST OF IT'S GONNA BE CONCRETE DRIVEWAY TO GET TO THE BACK PARKING LOT. SO IT LOOKS LIKE, YOU KNOW, IT'S GOING TO EITHER BE ALL DRIVING ALL DRIVEWAY AND OR ALL BUILDING. SO THE 50% PERVIOUS COVER HAS TO BE IN THE FRONT. WE OBSERVED THE DRIVEWAY THAT HE HAS, UM, ON THE NORTH SIDE, I BELIEVE. YEAH. SO THAT IT LOOKS LIKE MORE THAN 50% WITH JUST THAT, BUT, BUT OVER THE OVERALL PROPERTY WAS GONNA BE RIGHT. IT'S ONLY THE FRONT FACADE THAT HAS TO BE THE 50%. SO, UM, IF THE APPLICANT IS AWARE THAT ONLY 50% OF THE AREA IN FRONT OF THE FIRM FACADE OF THE HOME CAN BE, UH, IMPERVIOUS COVER LIKE DRIVEWAYS, UM, I THINK IF YOU'RE LOOKING AT IT, IT'S A LITTLE BIT MORE, UM, JUST BY LOOKING AT THE SITE PLANT NOT CALCULATING IT ON THE GROUND. WELL, TO ANSWER YOUR QUESTION, UH, I CAN MAKE, DEFINITELY MAKE THE DRIVEWAY INSTEAD OF, UH, CONCRETE. I CAN MAKE IT GRAVEL SO THAT WATER CAN GO THROUGH INTO THE SOIL AND IT WON'T BE IMP PURPOSE COVERED THAT WAY. THAT IS SOMETHING I WANTED TO AMEND SINCE I, UH, IT WAS EXPLAINED TO ME AND I WAS GONNA MAKE THE CHANGE REGARDLESS TO CHANGE IT TO GRAVEL. UM, BUT THAT IS A SOLUTION TO, TO THAT PROBLEM. YES, SIR. ACTUALLY, JUST I BELIEVE GRAVEL'S PERMITTED, IT'S, IT'S PROHIBITED. YOU WOULDN'T BE ABLE TO USE GRAVEL. IT HAS TO BE NON-ST THERE. OTHER, THERE'S OTHER, YEAH, THERE'S OTHER SOLUTIONS, BUT IT HAS TO BE NON-ST YOU COULD DO A DRIVE SOLUTION THAT'S OKAY. SO IT, NOT NECESSARILY GRAVEL, BUT THERE'S OTHER METHODS OUT THERE. THEN I WILL BE MORE THAN HAPPY TO DO THOSE, UH, SOLUTIONS. SO, UH, IT'S NOT AN AMENDMENT FOR US. I MEAN, IT SAYS YOU'RE GOING THROUGH THE PLAN REVIEW. PERFECT. THIS, THAT, SO YEAH, I'LL BE MORE THAN HAPPY TO, UH, SPEAK WITH THE CITY SUNNI MR. MR MAN. THANK YOU. WAS THAT THE EXTENT OF YOUR QUESTIONS? YEP. MR. UH, MR. MACHA. I JUST WANNA MENTION TO THAT, THAT I DIDN'T OFFER THE OPTION. LIKE A RIBBON DRIVEWAY, TWO CONCRETE STRIPS. A A RIBBON DRIVEWAY, RIBBON, RIBBON DRIVEWAY. LIKE A, LIKE THOSE YOU TIE LIKE A RIBBON. YEAH, RIBBON. OKAY. WITH THE PLANTING MEDIUM IN THE CENTER, THAT'S, I'M JUST GONNA WRITE THAT DOWN. THANK YOU. WITH STAFF, WOULD THAT SATISFY? RIGHT. UM, IF HE, IF HE REQUIRES IT, THAT WOULD MORE PUT HIM WAY ABOVE 50%. UM, SO THAT IS AN OPTION WHILE YOU'RE DOING THE PERMITS. UM, IF YOU ARE ABOVE 50% FOR SOME REASON, THEN THAT'S ONE THING THAT'S GONNA TAKE YOU BELOW 50%. UH, MR. ZUNIGA? YES. EXCUSE ME. ON THE, ON THE TWO STRUCTURES, WHAT ARE THE FLOOR PLANS? HOW ARE THEY GONNA BE SITUATED? SO THEY ARE OFFICIALLY, AS OF RIGHT NOW, THEY'RE THREE STORIES, 34 FEET TALL. UM, FIRST FLOOR IS, UM, FOR THE, FOR THE GARAGES AND AS WELL AS THERE WILL BE ONE BEDROOM AT THE BOTTOM. AND THEN SECOND, UH, SECOND FLOOR WILL BE KITCHEN, LIVING AREA, ET CETERA. AND THEN THE THIRD FLOOR WILL BE THE MASTER BEDROOM, UH, WITH ANOTHER BEDROOM. SO IT'S THREE BEDROOM, THREE AND A HALF BATH. AND THAT'S ON TWO UNITS ONLY. ON TWO UNITS. A THREE. THAT'S THREE UNITS. RIGHT. SO IT IS THIS BUILDING AND THIS BUILDING RIGHT HERE. . OKAY. THANK YOU MR. YEAH. YOU GOT IT APPROVED BEFORE? YES, SIR. OKAY. THANK YOU MR. AND, AND ANOTHER QUESTION FOR SETH. STAFF. YES SIR. COULD WE SEE, WE CAN'T SEE IT THAT FAR. WHAT, WHAT DO YOU WANNA SEE? UH, I WANNA SEE THAT ON, ON OUR, UH, MONITORS HERE. OH, YOU'RE NOT, YOU'RE NOT GETTING THAT PICTURE ON YOUR NO, WE'RE NOT SEEING THEM. NO. CAN YOU? THANK YOU. ALRIGHT. THANK YOU MR. ZENGA. ANY OTHER QUESTIONS? ANY OTHER QUESTIONS? IT'S NOT HIM. IT'S, IT'S ALL OF THE PRESENTATION. QUESTION FOR MANNA, MR. MADAM. UM, SO QUESTION FOR CITY STAFF. UM, SO, SO DOES THE TWO AND A HALF STORY DIALOGUE EXIST HERE FOR AN RMM DISTRICT OR, UH, THEY'RE SURROUNDED BY RM FOUR? ALL OF THOSE PROPERTIES ARE, UH, HOWEVER, IF, UH, ANY OF 'EM ARE DEVELOPED AS SINGLE FAMILY, HE WILL HAVE TO ADHERE TO THE TWO AND A HALF STORIES, 35 FEET, UM, FOR THOSE FIRST 50 FEET, UM, TO MATCH THE HEIGHT OF THE EXISTING RESIDENTIAL, UH, SINGLE FAMILY RESIDENTIAL. SO HE MAY BE SUBJECT TO IT, BUT WE CAN, UM, DEFINITELY EXPLAIN IT TO HIM [03:10:01] AND SHOW HIM, UH, I DON'T THINK AS PART OF THIS REQUEST THAT IT'S AN ISSUE, ESPECIALLY SINCE HE'S SURROUNDED BY RMM FOUR. BUT IF, UM, WELL, HIS PROPERTY IS LISTED AS SINGLE FAMILY, YOU KNOW, ITSELF. SO IT'S, IT, WHILE IT IS RM FOUR, IT'S ON BCAT AS SINGLE FAMILY, SO, RIGHT. BUT YEAH. BUT THE ZONING IS RMM FOUR, RIGHT? MM-HMM. . BUT, SO, UH, COULD YOU EXPLAIN IT TO ME? 'CAUSE ACTUALLY I'VE HAD THAT QUESTION IN THE PAST. SO, SO IF THE NEIGHBORING PROPERTY IS AN RM FOUR, BUT IT'S LISTED AS SINGLE FAMILY, I GUESS, WHERE IS THAT DOCUMENTED FOR SINGLE FAMILY IS ON VIA BCA OR IS IT SOME OTHER LISTING? UH, NO, IT WOULD, WE WOULD LOOK AT B C AD. WE WOULD SEE HOW MANY STRUCTURES WERE BUILT ON THE PROPERTY AT WHAT TIME. UM, SO WE DO USE THAT AS A REFERENCE. UH, WE COULD ALSO SOMETIMES USE SOME OF THE HISTORICAL AERIALS OR MAPS THAT THE CITY HAS TO MAKE THAT DETERMINATION. OKAY. THANK YOU. SO THANK YOU. ALL RIGHTY. UH, DO WE HAVE ANY PUBLIC, UH, COMMENTS TO READ INTO THE, INTO THE RECORD? THERE'S NO PUBLIC COMMENT. ALRIGHTYY, I'D ASK THE APPLICANT, WOULD YOU LIKE TO, UH, PROVIDE SOME CLOSING REBUTTAL OR REMARKS OR ANYTHING BEFORE WE CLOSE THE PUBLIC PORTION? NOTHING REALLY. JUST WANT TO SAY THANK YOU FOR THE RIBBON DRIVEWAY IDEA. UH, THAT'LL DEFINITELY BE IMPLEMENTED INTO THE DEVELOPMENT AND, UH, DEFINITELY TALK. ANY OTHER RECOMMENDATIONS OR COMMENTS WITH THE CITY? I WOULD BE MORE THAN HAPPY TO. THANK YOU MR. UH, GARCIA. OKAY. UH, LET'S GO AHEAD AND MAKE A MOTION ACTUALLY BEFORE WE GO. SO DID THE, UM, SO DENVER HEIGHTS SAID THAT THERE THEY WERE IN OPPOSITION. WAS THERE ANY LETTER ASSOCIATED WITH THE DENVER HEIGHT POSITION? THEY DIDN'T PROVIDE ANY DETAIL IN THE LETTER. THANK YOU. THANK YOU. DOES THAT CLOSE THE PUBLIC PORTION? OKAY, LET'S GO AHEAD AND, UH, MAKE A MOTION. ANY MOTION MANNA? DID I HEAR MANNA MANNA? SO, REGARDING CASE NUMBER BOA 2 3 1 0 3 0 0 0 3 6, I MOVED AT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR A FIVE FOOT VARIANCE FROM THE MINIMUM 10 FOOT REAR SETBACK REQUIREMENT TO ALLOW A FIVE FOOT REAR SETBACK SITUATED AT 1 1 8 SHENANDOAH STREET, APPLICANT B IN FERNANDO, UH, GARCIA, UH, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THERE WILL BE ADEQUATE SPACE, UH, BETWEEN THE STRUCTURE AND THE NEIGHBORING HOUSES. SO IT IS NOT CONTRARY TO PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THERE WOULD NOT BE ENOUGH SPACE TO CONSTRUCT THE DWELLING. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE DEFINED AS THE INTENT OF THE CODE, RATHER THAN THE EXACT LETTER OF THE LAW, THE REDUCED REAR SETBACK REQUIREMENT IS IN THE SPIRIT OF THE ORDINANCE AS THERE WILL BE ADEQUATE SPACE BETWEEN THE DWELLING AND ADJACENT PROPERTIES. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, IN WHICH IS VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED IN THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. THE REDUCED REAR SETBACK REQUIREMENT WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES. SIX. THE APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE REDUCE LANDSCAPE VARIANCES ARE SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH THAT THE LOCATION, SUCH AS THE LOCATION OF THE PROPERTY AND THE MOTION. A SECOND, SECOND, SECOND. MS. BREGMAN? ANY COMMENT? MR. SO, UM, SO I'LL BE VOTING IN FAVOR OF THIS, BUT YOU KNOW, JUST WORD OF NOTE, UH, DOES THE, UH, BUDDING PROPERTIES ARE ALL SINGLE FAMILY RESIDENTS. SO THAT PUTS A LIMITATION AS FAR AS THE HEIGHT AND HOW THE, UM, THE TOP FLOOR OF YOUR PROPERTY NEEDS TO LOOK IF YOU'RE GOING FOR TWO AND A HALF STORIES. SO IT WILL HAVE TO BE INDENTED WITH A PARAPET, WITH A BUILDING IN THE CENTER. UH, NOTHING PUSHED AGAINST THE SIDES. AND THAT'S PARTLY TO ALLOW FOR THE APPROPRIATE USE OF YOUR NEIGHBOR'S PROPERTY SO THAT THEY AREN'T LOOKING AT SOLID WALLS, YOU KNOW, ON, UH, ON YOUR PROPERTY. SO JUST BE AWARE OF THAT, YOU KNOW, WHEN YOU GO THROUGH YOUR DESIGN, UH, DIALOGUE. UM, THANK YOU MR. MANNA. UM, MS. BRAGMAN, WOULD YOU LIKE TO PROVIDE COMMENT? I CONCUR WITH MY COLLEAGUE. YEAH, AND I'LL JUST, I'M GONNA SUPPORT THE VARIANCE AS WELL. I MEAN, UH, FOR ALL THE REASONS MY COLLEAGUES HAVE MENTIONED. SO LET'S GO AHEAD AND TAKE A ROLL CALL VOTE MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. MENCHACA. I CONCUR. MS. CRUZ. I CONCUR. MR. ZUNIGA. I CONCUR WITH [03:15:01] THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR. MR. VASQUEZ. I CONCUR. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN. I HAVE A QUESTION I'VE BEEN TRYING TO ASK. DOES ANYBODY HEAR ME? HELLO? NO, SIR. HELLO? HELLO. WE CAN'T HEAR YOU. WE CAN HEAR YOU. WE HAVE NINE VOTES. WELL, HE HAD A QUESTION. I HAVE A QUESTION. OKAY. CAN Y'ALL, ANY, CAN ANYBODY HEAR ME AT ALL? WE, WE CAN, WE CAN. WE CAN HEAR YOU. WE CAN HEAR YOU. YOU JUST FINE. OKAY. SO MY QUESTION IS, IS THAT, UM, THIS SITE PLAN, IS HE DOING THREE UNITS OR FOUR? WHAT'S HE DOING? HELLO, THIS IS, YEAH, SO I AM THE APPLICANT. THANK YOU FOR YOUR QUESTION. UM, YEAH, SO IT IS ACTUALLY, UH, FOUR UNITS, TWO. OKAY. SO HOW DOES IT, HOW DOES STAFF, UH, THIS NEW U D C THING THAT SAYS MULTI-UNIT CONSTRUCTIONS ON LOTS ONE THIRD OF AN ACRE AND SMALLER SHALL BE WITHIN A SINGLE STRUCTURE. IS HE ALLOWED TO DO TWO DUPLEX UNITS LIKE THIS, OR DO THEY ALL HAVE TO BE UNDER ONE ROOF? THIS, UH, THE ACTUAL BUILDING PERMIT WAS DONE BEFORE THE U D C CHANGE. UH, SO HE DID NOT NEED THE VARIANCE FOR THAT PORTION. OKAY. THAT'S WHAT I WANTED TO MAKE SURE BEFORE WE, I, I, I DON'T HAVE A PROBLEM WITH IT. SO WE'RE SEEKING YOUR VOTE. YEAH. YES. OKAY. THANK YOU. SO 10 IN FAVORS YOUR OPPOSITION. THE VARIANCE PASSES. GOOD LUCK WITH THE PROJECT. GREAT DAY. THANK YOU. WE READY FOR NEXT CASE, EVERYBODY? YES. OKAY. NEXT CASE, PLEASE BO A DASH TWO THREE DASH 1 0 3 0 0 3 9 AT 1707 TOWN, OH, DRIVE AND COUNSEL DISTRICT NINE. THE APPLICANT IS MARTHA MULDER AND THEIR QUEST IS FOR A THREE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT FRONT FENCE SITE TO ALLOW A SIX FOOT SOLID SCREEN FENCE ALONG THE FRONT YARD AND AN R SIX DISTRICT. THE SUBJECT PROPERTY IS LOCATED ALONG TOWN OAK DRIVE, NEAR THE NORTHEAST BORDER OF HOLLYWOOD PARK. THE APPLICANT HAS BEGUN BUILDING A SOLID STONE FENCE ACROSS THE FRONT YARD TO PREVENT NEIGHBORS FROM ACCESSING THEIR POOL. THE MAXIMUM HEIGHT PERMITTED FOR A SOLID FENCE IN THE FRONT IS THREE FEET. AND ON THE SITE VISIT, WE OBSERVED THAT THE APPLICANT BEGAN THE CONSTRUCTION. WE DIDN'T NOTICE ANY ABNORMAL PHYSICAL FEATURES, SUCH AS A SLOPE AND A VARIANCE WAS GRANTED FOR TWO NEIGHBORING PROPERTIES, 17 0 0 6 SILVERWOOD AND, UM, 17 215. I THINK THAT'S, I THINK THAT'S BUCHANAN LANE. UM, AND FOR A SIX FOOT FRONT FENCE IN 2 0 20 0 7 AND 2014, HERE'S THE SITE PLAN. UM, THAT'S THE FENCE. SOME MORE ANGLES IN THE SURROUNDING AREA. STAFFER RECOMMENDS APPROVAL FOR THE FENCE SITE, SPECIAL EXCEPTION BASED ON THE FOLLOWING FINDINGS EFFECT. ONE. THE SIX FOOT PRIVACY FENCE WILL PROTECT THE PROPERTY AND NEIGHBORS UNTIL THE PROPERTY DOES NOT ALTER THE CENTRAL CHARACTER OF THE DISTRICT. STAFF MAILED OUT 21 NOTICES. SEVEN RECEIVED IN FAVOR, NO OPPOSITION. AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION. THAT CONCLUDES THAT PRESENTATION. THANK YOU. ANY QUESTIONS FOR STAFF HEARING? NO, I'D ASK THE APPLICANT TO PLEASE COME FORWARD AND BEGIN YOUR PRESENTATION AND PLEASE STATE YOUR NAME. GOOD AFTERNOON, LADIES AND GENTLEMEN. THANK YOU FOR YOUR SERVICE HERE. MY NAME IS MARTHA MULDER AND I AM THE OWNER OF THE HOUSE ON 1707 TOWN OAK DRIVE. BEEN THERE OVER 30 YEARS. UM, MY NEIGHBORHOOD HAS GROWN TO, HAS GROWN TO WHERE THERE'S A LOT MORE PEOPLE IN THE NEIGHBORHOOD. UH, AT THE BEGINNING WHEN WE BUILT OUR HOME, WE LATER ON BUILT A POOL. WHEN WE BUILT THE POOL, WE WERE ABLE TO HAVE LANDSCAPING AND WHATNOT. WE HAD THE THREE FOOT FENCE. UM, SINCE THEN, THE NEIGHBOR, I MEAN, BACK THEN THE NEIGHBORS WOULD COME BY AND THEY THOUGHT IT WAS THE NEIGHBORHOOD POOL BECAUSE I AM VERY MUCH IN FRONT. WHEN YOU DRIVE UP, YOU SEE THAT POOL RIGHT THERE. UM, THE REASON FOR BEING, UH, SEVERAL REASONS. ONE, THE MAIN REASON IS SAFETY. WE'VE HAD CHILDREN. UH, NOWADAYS CHILDREN ARE NOT ACCOUNTABLE FOR THEIR BEHAVIOR. AND WE'VE HAD 'EM COME INTO OUR YARD TO, THEY'VE ACTUALLY JUMPED INTO OUR POOL. I DO HAVE A SIX FOOT ROD IRON FENCE AROUND THE POOL, HOWEVER THEY'VE GOTTEN IN THERE. SO FOR THE SAFETY OF MYSELF AND MY INSURANCE AND FOR ME AND NOT TO SEE SOMEBODY IN MY, YOU KNOW, POOL LATE AT NIGHT AND SOMETHING ACCIDENTALLY CAN HAPPEN, UM, WE'VE DECIDED THAT WE WANTED TO PUT A SIX FOOT PRIVACY [03:20:01] FENCE ALL THE WAY AROUND. WE ALREADY HAVE IT STARTED AND FINISHED THE BACK AND THE SIDE. THE ONLY THING IN QUESTION RIGHT NOW IS THE FRONT PART, AS YOU COULD SEE WHERE THE WHITE CAR IS, THAT IS AN EASEMENT, THE 25 FOOT, WHICH I AM IN THE PROPERTY LINE OF WHERE I'VE STARTED. AND I HAD THEM STOP AT THREE FOOT BECAUSE I WANTED TO GET APPROVED. SO MY REASONING FOR PUTTING IT UP TO SIX FOOT ONE, IT IS PRIVATE. IT IS SAFE FOR THE PUBLIC NOT TO THINK THAT IT IS A NEIGHBORHOOD POOL AND THAT CHILDREN CANNOT JUST JUMP INTO MY POOL AREA. UM, THERE ARE OTHER NEIGHBORS IN OUR NEIGHBORHOOD BESIDES THE ONES YOU STATED EARLIER THAT HAVE, UM, POOL, I MEAN, THEY ACTUALLY HAVE FENCE THAT ARE TALLER THAN THREE FEET, AND THEY'VE GOTTEN A SPECIAL ASSUMPTION. I AM REQUESTING THE SAME THING. AND SO THAT IS WHY I DID FILE OUT FOR THE, UH, SPECIAL EXEMPTION, UH, FOR THE FENCE, FOR MODIFICATION TO A SIX FOOT FENCE, WOOD FENCE, UH, NOT WOOD FENCE, ROCK FENCE, ROCK FENCE. AND BECAUSE OF MY AGE, I DON'T WANNA BE REPLACING PICKET FENCE. SO WE DECIDED WE'RE SPENDING 60,000 ON THIS FENCE. AND SO WE WOULD LIKE TO GO AHEAD AND CONTINUE ON DOING THAT. THANK YOU, MS. M MOLDER. LET'S SEE IF WE HAVE ANY QUESTIONS. SURE. QUESTIONS. MINKA. MR. MENCHACA? YEAH, MGA, UH, FOR STAFF? WAS THIS BILL WITHOUT A PERMIT? NO, IT HAS A PERMIT. YEP. UH, HE WAS ASKING JUST, OH, I'M SORRY. STATUS CONFIRMATION. SORRY. UH, YEAH, SO SHE HAS A PERMIT, UM, AND SHE STOPPED AT THE REQUIRED THREE FEET UNTIL THIS IS COMPLETE. THANK YOU. THANK YOU, MR. MACHACA. NOW A QUESTION FOR HER. OKAY. NOW, NOW QUESTION. WHEN YOU WERE PUTTING UP THIS FENCE AND EVERYBODY'S GOING IN YOUR BACKYARD, UH, IT IMPLIES YOU HAD AN OPEN GATE OR AN UNSECURED GATE. IS THAT WHY YOU WERE DOING THAT? OR THEY WERE JUST JUMPING THE FIVE FOOT FENCE CHAIN LINK FENCE THAT YOU HAD? THEY WERE JUMPING MY CHAIN LENGTH FENCE, WHICH IS ONLY THREE FEET, AND THEY WERE GETTING INTO MY ACTUAL, UM, RIGHT ARM FENCE. IT HAS A DOOR TO IT. HOWEVER, THE KIDS, I DON'T KNOW I HAVE, BUT WE HAVE BOULDER ROCKS IN OUR NEIGHBORHOOD, AND YOU CAN ACTUALLY CLIMB OVER THOSE THINGS TO GET INTO THE POOL. SO THERE'S VERY, I MEAN, THE REASONING OF ME DOING THIS, IT'S FOR SAFETY. YOU KNOW, I DON'T NEED MY HOMEOWNER'S INSURANCE TO GO UP BECAUSE SOMETHING HAPPENS TO AN INDIVIDUAL. THANK YOU. THANK YOU. YEAH. MR. SPILL, I HAVE A QUESTION. YES. IF YOU WERE TO PUT, UH, YOU KNOW, NOT A SOLID WALL, BUT A A, YOU KNOW, IN THE FRONT, IF IT WERE TO BE EVEN LIKE FOUR FEET OR FIVE FEET HIGHER, BUT, UH, PARTLY, YOU KNOW, OPEN OR MAINLY OPEN, WOULD THAT PROVIDE ENOUGH SECURITY OR DOES IT HAVE TO BE COMPLETELY BLOCKED OFF? WELL, I WOULD PREFER IT TO BE BLOCKED OFF AND THE PER REA. ANOTHER REASON IS, ONCE UPON A TIME, I USED TO HAVE A BEAUTIFUL YARD. UM, I AM ACROSS FROM HOLLYWOOD PARK, MY NEIGHBORHOOD ITSELF, WE HAVE TONS AND TONS AND TONS OF DEER. OKAY? WE HAVE DEER THAT HAVE DISEASES NOW THAT ARE COMING INTO MY NEIGHBORHOOD. THEY'RE COMING INTO MY YARD. I HAVE EIGHT GRANDCHILDREN, AND THEY'RE ALL LITTLE, THEY COME EVERY TIME DURING SUMMERTIME. THIS IS THEIR TIME AWAY FROM, TO GET INTO THE WATER AND TO ENJOY IT. I DON'T NEED 'EM TO BE GOING INTO FECAL OF THE, OF A DEER OR ANYTHING LIKE THAT. AS IT IS, WE HAVE DOGS, WHICH WE PICK UP, YOU KNOW, THEY'RE, THEY'RE FECAL MATTER, BUT HOWEVER, DEER WE HAVE HAD THE, THEY HAVE DIARRHEA AND THEY HAVE OTHER STUFF. SO THE SIX FOOT FENCE FOR ME WOULD HELP NOT ONLY THE PRIVACY, BUT THE SECURITY OF NOT HAVING A DEER JUMP OVER MY FENCE. OKAY. I, I GUESS YOU'RE MISUNDERSTANDING WHAT I'M SAYING. I'M SAYING IF YOU'VE GOT THE THREE FEET ALREADY THERE, INSTEAD OF ADDING THREE FEET MORE OF STONE, COULD YOU PUT, YOU KNOW, MAYBE FOUR FEET OR FIVE FEET OF, YOU KNOW, FENCE THAT WOULD PROVIDE, YOU KNOW, ADDITIONAL, UH, YOU KNOW, PROTECTION FROM THE DEER AND EVERYTHING ELSE, BUT WOULD BE, YOU KNOW, UH, SOMETHING YOU COULD SEE THROUGH. I RATHER NOT, LIKE I SAID, IT'S THE PRIVACY OF MY POOL AREA. AND I DON'T KNOW IF YOU CAN SEE WHERE MY POOL IS, BUT RIGHT THERE ON, I HAD THE PLEASURE OF MARCO COMING OVER AND AS SOON AS HE CAME BY, HE SAW WHERE MY YARD IS AND HOW MY PROPERTY IS SHOWING. SO IF YOU LOOK, I DO HAVE A BIG FENCE RIGHT THERE THAT YOU COULD SEE THAT'S THERE. BUT IF YOU GO MORE THIS WAY TO THE RIGHT, WHICH I DON'T THINK Y'ALL CAN WITH GOOGLE, OR YOU COULD, UM, IS MY FENCE IS ACTUALLY MY, UM, POOL AREA. IN FACT, YOU KNOW [03:25:01] WHAT, HERE'S A PICTURE HERE. MAYBE THE, WHOOPS. YEAH, I HAD A QUESTION MAYBE ON TOP OF THAT. SO IT ALMOST LOOKS LIKE THE POOL IS IN THE FRONT YARD BASED UPON THE DESIGN. SO THE LAYOUT. SO JUST TRYING TO UNDERSTAND THAT TOO. YES. I ACTUALLY HAVE TWO LOTS. IT'S CONSIDERED ONE PRO, ONE PLOT, WHICH WE'VE ALREADY DONE THAT LONG TIME AGO WHEN WE BUILT. AND SO MY BACKYARD IS MY SIDE YARD. YOU SEE THE RED TENT RIGHT THERE AND THE OTHER TENT THAT'S BEHIND THERE. THAT IS MY POOL. THIS IS MY, UM, I'M IN THE SECOND STREET, UH, SECOND HOUSE TO THE MAIN STREET WHERE CARS GO THROUGH. SO YOU SEE MY POOL AREA COMPLETELY. AT ONE TIME, LIKE I SAID, I HAD A BEAUTIFUL YARD, THE DROUGHT AND THE DEER. UM, WE HAVE TOO MANY DEER THAT THEY WON'T GET AWAY. THEY CAN'T TAKE 'EM OUTTA HERE FOR SOME REASON. SO THEY'VE BEEN EATING EVERYTHING, THEY EAT EVERYTHING, EVEN PLASTIC. THEY EAT, THEY EAT EVERYTHING. SO NOW I'M AT, I'M AT THE POINT THAT I HAVE METAL PLANTS, . THANK YOU. UM, YOU'RE WELCOME. SO MANNA, SO I HAVE A QUESTION. SO FOR CITI, SO, YOU KNOW, SO WITH THE LAYOUT AND THE CURRENT U D C TALKS ABOUT THE EIGHT FOOT PERIMETER FENCE, UH, FOR A POOL. AND SO, UM, BUT THIS IS, YOU KNOW, THE WAY THE LOT IS LAID OUT, UM, OR THE PROPERTY IS LAID OUT, IT'S, IT'S A SECOND PROPERTY, SO IT'S MORE IN THE FRONT YARD. SO, SO, YOU KNOW, I GUESS HOW DOES ALL THAT PLAY INTO THIS DIALOGUE? DOES IT PLAY IN? SO YES, THE, THE NEW U D C IS ALLOWS HER FOR THE EIGHT FOOT FENCE ON THE SIDE AND REAR. BUT BECAUSE HER SWIMMING POOL IS ESSENTIALLY IN THE FRONT YARD, IT WOULD NOT APPLY TO THIS. UM, UH, SWIMMING POOLS HAVE TO BE BEHIND THE FRONT FAC, UH, FRONT SETBACK, WHICH IT IS. UH, THAT'S KIND OF WHAT CAME INTO OUR CONSIDERATION OF RECOMMENDING APPROVAL, UH, BECAUSE SHE DOES NOT, EVEN THOUGH SHE DOES HAVE A SWIMMING POOL, SHE DOESN'T QUALIFY FOR THE NEW U D C UM, EXEMPTION. MR. MATT, DOES THAT HELP ANSWER? YES, IT DID. ONE MORE QUESTION. SORRY. SO, SO YES, IT HELPED DRAMATICALLY. UM, AND THEN THE SECOND ONE WAS, YOU SAID THAT THERE WAS TWO PRIOR ZONING CASES WHERE WE DID APPROVE IT IN 2007, 2014, I THINK. AND DO YOU KNOW IN PROXIMITY WHERE THOSE ARE? 'CAUSE I, I DIDN'T GOOGLE DRIVE PAST, UH, SO 17 0 0 6 SILVERWOOD, UH, WHICH I BELIEVE IT'S THREE BLOCKS TO THE WEST. AND THEN, UH, 17, 2 14 BUTCHER LANE. UM, THEY'RE ALL WITHIN THREE BLOCKS, IF I REMEMBER CORRECTLY. OKAY. WHEN I LOOKED THESE UP. THANK YOU. AND THOSE WERE FOR THE EIGHT FOOT, OR SIX FOOT OR SIX FOOT FRONT FENCE? UM, ONE OF 'EM WAS FOR A FRONT, UM, PRIVACY FENCE. ONE OF 'EM WAS FOR A PREDOMINANTLY OPEN, BUT THEY WERE BOTH FOR A SIX FOOT, UM, HEIGHT. OKAY. THANK YOU. ANY OTHER QUESTIONS FOR ON THE SCREEN, SIR? I HAVE ANOTHER HOUSE, AND I DON'T KNOW IF MARCO WENT TO THERE, BUT IT'S JUST DOWN THE STREET. UM, WHERE BUTCHER IS FURTHER ON, THERE'S A STREET CALLED MOUNT EVEREST. THEY HAVE IN THEIR FRONT YARD A SIX FOOT FENCE AS WELL. AND IT IS ALL STUCCO. UH, THAT'S AT, THERE'S THE ADDRESS AT 17 THIRD 3 1 4. ALSO ON PARK STONE. WE HAVE SEVERAL HOUSES THAT HAVE THE SAME THING. AND THE WAY THE RESEARCH IS, THE WAY THEY'VE GOTTEN THIS IS THEY REQUESTED THE SPECIAL EXEMPTION FORM. THAT'S WHAT THEY APPLIED FOR, AND THEY DID GET IT, WHICH IS THE SAME THAT YOU'RE YES, SIR. APPLYING FOR. OKAY. THANK YOU SO MUCH. MM-HMM. . OKAY. ANY OTHER QUESTIONS FOR THE APPLICANT? OKAY, THAT, UH, LET'S SEE IF WE HAVE ANY PUBLIC COMMENT TO READ INTO THE PUBLIC RECORD. UH, NO PUBLIC COMMENT. ALL RIGHTY. UM, ANY, UH, MS. UM, MULDER, WOULD YOU LIKE TO PROVIDE ANY FINAL COMMENT BEFORE WE CLOSE THE PUBLIC PORTION? NO, BUT, UH, Y'ALL WOULD REALLY SAVE ME A LOT OF HEARTACHE IF WE CAN JUST GET THIS APPROVED. UM, IT LOOKS TO ME, ALL MY NEIGHBORS HAVE COMMENTED. I MEAN, PEOPLE, THEY ALREADY WANT WORK DONE. SO, I MEAN, I MEAN, I WOULD LOVE TO GET THIS COMPLETED. YES, MA'AM. THANK YOU SO MUCH. THANK YOU. JUST A QUICK QUESTION THAT YEP. THAT THE 25 FOOT EASEMENT THAT'S RUNNING PARALLEL TO THE STREET, RIGHT? I, I CAN'T, WE CAN'T HEAR YOU MR. ORIAN. OKAY. UH, I THINK JUST SPEAK LOUDER. HEY, CAN Y'ALL HEAR ME? YES. YES. PERFECT. OKAY. HEY, SO THE, THE 25 FOOT EASEMENT, IS THAT, IS THAT PARALLEL TO THE STREET? CORRECT. AND WHAT IS THAT FOR? THAT'S THE CITY FOR ME TO MAINTAIN. SO RIGHT NOW, ALL I HAVE ON IT. YEAH, BUT WHAT'S AN EASEMENT FOR? IT'S FOR IN CASE A FIRE TRUCK NEEDS [03:30:01] TO COME, I BELIEVE, OR IT'S WHERE OUR MAILBOX IS AT. ME AND Y'ALL ARE THE CITY. I DON'T KNOW WHY Y'ALL, I MEAN, WE HAVE THE EASEMENT. WELL, THE CITY HAS RIGHT OF WAY. THEY DON'T HAVE, THEY WOULDN'T, I'M JUST TRYING TO FIGURE OUT LIKE, WHAT IS THAT? WE'RE LOOKING IT UP RIGHT NOW AND MAYBE WHEN WE BUILT OUR HOME, WE WERE TOLD THAT THE EASEMENT HAS ACTUALLY HAS UTILITIES IN THAT AREA AS WELL. UM, I MEAN, IT COULD BE A UTILITY EASEMENT, BUT ON YOUR PLAT, I LOOK, I JUST FOUND YOUR PLAT AND IT DOESN'T SHOW AN EASEMENT ON THERE. AND SO I'M TRYING TO FIGURE OUT, LIKE YOU, YOU KNOW, I JUST WANNA MAKE SURE THAT THIS FENCE ISN'T BLOCKING ANYTHING. IT'S SHOWING THAT THE STREET IS A 60 FOOT RIGHT OF WAY. ARE YOU SAYING THAT IT'S 30 FEET FROM THE CENTER LINE OF THE PAVED OVER AND THAT YOU'RE CALLING IT AN EASEMENT, BUT IT'S TECHNICALLY THE STREET? NO, FROM THE STREET IS 25 FEET WHERE WE HAD OUR, WE HAD A CHAIN LENGTH, FRONT FENCE THERE. AND SO WHEN WE GOT IT APPROVED BACK THEN ALL WE DID IS TOOK THAT FENCE OFF, DROPPED A, A LINE TO AT A CHALK LINE, AND WE'RE STILL CONTINUING ON THE SAME AREA. WELL, WHAT I'M GETTING AT IS YOUR STREET TOWN, UH, PULL THIS UP. THE, THE ACTUAL YEAH. TOWN, THE, THE ACTUAL STREET ITSELF. TOWN OAK IS A 60 FOOT RIGHT OF WAY STREET. CORRECT. AND THEN YOU'RE SAYING THAT THERE'S AN EASEMENT ON TOP OF IT ON THE SIDE OF IT, AND I'M TRYING WHERE THE CAR IS AT ON THE SIDE OF IT, CORRECT? YEAH. BUT WHAT IS IT AN EASEMENT FOR? IT JUST SEEMS A LOT, YOU KNOW, IT JUST SEEMS LIKE WHY WOULD YOU HAVE A 60 FOOT STREET, WHICH IS ALREADY VERY GENEROUS, AND THEN YOU'RE HAVING A 25 FOOT EASEMENT, BUT I DON'T SEEM TO SEE ONE ON YOUR NEIGHBOR'S PROPERTY. SO I'M TRYING TO FIGURE OUT WHAT IT'S FOR. NO, SIR. WE ALL HAVE AN EASEMENT. WHAT I DID IS I, UH, MADE IT LOOK A LITTLE MORE PRETTIER AND PUT GRANITE, UM, ROCK ON IT SO THAT, UH, BUT I MEAN, WE'RE TO MAINTAIN IT, WE WERE TOLD JUST LIKE WE HAVE AN ALLEY, WE HAVE AN EASEMENT IN THE ALLEY, AND THE ALLEY SAYS, OKAY, AND ARE TO MAINTAIN THE ALLEY IN CASE ELECTRICITY OR UTILITIES OR WHOEVER NEEDS TO COME IN GETS OPEN. YEAH, I, I KNOW WHAT I, I KNOW ALL ABOUT EASEMENTS, BUT MY, MY LINE OF QUESTIONING IS, IS THAT YOU HAVE A 60 FOOT ROAD AND THEN, AND THEN IT SEEMS LIKE YOU'RE THE ONLY ONE THAT HAS THIS 20, I'M TRYING TO FIGURE OUT WHAT, 25 FEET IS MASSIVE. I MEAN, A 60 FOOT ROAD IS OUR, I MEAN, MOST RESIDENTIAL STREETS ARE 50 FEET. SO IF YOU HAVE A 60 FOOT ROAD, AND THEN THEY HAVE 25 FEET ON TOP OF IT. I'M JUST TRYING TO UNDERSTAND. SO GERMAN, YEAH, I DON'T THINK IT'S 60 FEET. WHEN YOU SAY, UM, ALONG A WAYS, I MEAN, WE DON'T HAVE NO DRIVEWAYS. UH, I MEAN, WE DON'T HAVE NO CURBS. WE DON'T HAVE NO SIDEWALKS. SO, WELL THEN I LET, I'LL JUST, I MEAN, I'M NOT, I'M NOT OPPOSED TO YOU PUTTING A FENCE THERE, IT'S JUST, I JUST WANT TO MAKE SURE THAT WHERE YOU'RE PUTTING IT ISN'T GONNA BE IN CONFLICT WITH, AND YOU KEEP SAYING AN EASEMENT. UM, AND, AND I JUST WANT TO MAKE SURE IT'S NOT GONNA POSE CONFLICT WITH SOME UTILITY COMPANY. WELL, IF I BROUGHT MY ACTUAL, UM, BUILDING STRUCTURE, THE, YOU KNOW, WHEN THE, UH, ENGINEER MADE IT, IT SHOWS ON IT, IT SAYS THAT IT'S CONSIDERED CALLED AN EASEMENT. SO IF MY TERMINOLOGY IS WRONG, I APOLOGIZE. I'M JUST GOING BY WHAT THEY'VE SAID THAT THAT IS CALLED, I GUESS IT'S, I'M MORE FRUSTRATED WHEN WE, WHEN WE SEE A LOT OF THIS STUFF AND, AND WE DON'T GET, WE DON'T GET SURVEYS, WE DON'T GET TITLE SURVEYS MM-HMM. , WE DON'T HAVE PLAS PROVIDED TO US. AND IT'S JUST, IT MAKES IT VERY CONFUSING AND IT JUST MAKES THESE THINGS GO LONGER. THAT'S ALL RIGHT. AND IF YOU, LIKE, YOU SEE, YOU SEE WHERE MY FENCE LINE IS, EVERYBODY DOWN THE STREET, AND I DON'T KNOW, LIKE I SAID, IF YOU CAN GET GOOGLE, YOU'LL SEE SOME HOUSES, THEY HAVE PICKET FENCE AND THEY, THEY'RE EXACTLY 25 FEET FROM THE ROAD AND OKAY, SO THAT'S FINE. I'M, I'M FINE. SO CHAIRMAN NORMAN, CHAIR CHAIRMAN ORIAN, UM, IF, IF THE MOTION WAS READ, SO IT TALKED ABOUT USING, I GUESS THAT EXISTING LINE FOR THE CHAIN LINK FENCE, WOULD THAT HELP? UM, WELL, I, I, IF, IF, IF AS LONG AS WE'RE NOT APPROVING A SIX FOOT STONE FENCE IN SOMEBODY'S EASEMENT, I'M OKAY. WE DON'T HAVE THE RIGHTS TO THAT ANYWAY. I MEAN, THEY YEAH, YEAH. I KNOW. I, I'M JUST, I, I JUST, THIS IS, I GUESS IT'S MORE OF A COMMENTARY ON, YOU KNOW, WE GET A PLAN AND IT'S, WE DON'T SEE A PLAT, WE DON'T SEE A TITLE SURVEY. IT, IT SAYS THE WORD EASEMENT. I DON'T KNOW WHAT THAT MEANS. UH, IT JUST, I JUST FEEL LIKE I'M APPROVING OF FICTION ALMOST. RIGHT. SO, AND IT'S, IT'S COMMISSIONER, WE, UH, WE VERIFY THAT THERE IS NO EASEMENTS ON THERE. IT IS A 60 FOOT LOT ON THE ONE STOP MAP. IT STOPS AT 40 FOOT, SO YOU HAVE TO GO 10 MORE FEET IN THERE, WHICH IT LOOKS LIKE IT'S, IT'S NOT PART OF THE FENCE JUST BY LOOKING AT THE MEASUREMENTS [03:35:01] ON THE ONE STOP MAP. SO IT LOOKS LIKE THE LOCATION OF HER, UM, FENCE IS ACTUALLY WHERE IT NEEDS TO BE. NOT PART OF THE RIGHT OF WAY. WELL, I'M JUST GONNA, AS A, AS AN ASIDE, I WOULD STRONGLY URGE STAFF TO MAKE PEOPLE START TURNING IN PLATTS, LIKE THE BUILDING PERMIT DEPARTMENT DOES. I MEAN, BECAUSE I FEEL LIKE WE'RE, ARE, A LOT OF THE EXHIBITS WE'RE GETTING FROM FROM THESE APPLICATIONS ARE INCREDIBLY LACKING INFORMATION AND CONCUR. IT JUST MAKES ME VERY CONFUSED AS I'M REVIEWING SOME OF THEM. ALRIGHT, THANK YOU MR. UH, MR. CHAIRMAN? YES, MR. STAFF, I, UH, ON THE COMMENTARY HERE, WHAT I'VE HEARD IS, UH, YOU HAVE A GATE ON, WHAT DO YOU CALL THE EASEMENT, RIGHT? AND THEY'VE TOLD YOU, NO, SIR, I DON'T HAVE A GATE ON EASEMENT, THE GARAGE CALLING THE EASEMENT WHERE, WHERE THE GARAGE IS. HOW DO YOU GET INTO THE GARAGE? I HAVE A 60 FOOT DRIVEWAY THAT GOES INTO MY GARAGE. I HAVE A FIVE CAR GARAGE. OKAY. AND SO IT DRIVES IN RIGHT INTO THERE. IF YOU SEE IT, YOU'LL GO STRAIGHT ALL THE WAY IN. AND, UM, IF YOU SEE WHERE THE HOUSE IS RIGHT NOW, NO, I HAVE A SIX FOOT FENCE. OH, OKAY. OKAY. SO THE FENCE WILL BE FLUSH ALL THROUGH, WHAT DO YOU CALL THE EAST ONE? RIGHT? BECAUSE I'M WHERE WITH THE EASTMAN, YOU CAN'T DRIVE ON IT IF SHE SAYS THERE'S, THERE'S UTILITIES. OKAY. RIGHT. YOU KNOW, UH, FIRST THING WE WE'RE NOT SEEING ANY EASEMENT ON THE PLA THAT WE PULLED UP. SHE MIGHT BE REFERRING JUST TO THE, THE, UH, PROPERTY LINE THAT'S A LITTLE BIT MORE, UH, INSIDE. UM, I THINK THAT'S WHAT SHE'S REFERRING TO. YEAH, BECAUSE I, SOMEBODY TOLD HER IT WAS AN EASEMENT, BUT IT'S NOT. YEAH. I'M NOT GONNA VOTE ON SOMETHING LIKE THAT AND IF IT'S A EASEMENT, BUT WE HAVE PROVED THAT IT'S NOT A EASEMENT AND PIPE PIPELINES AREN'T GOING THROUGH ET CETERA, AS WHETHER THE CASE ON ONE CASE THAT WE HAD WHERE, YOU KNOW, THE PIPELINE BUSTED, BUT THEY WERE USING IT TO, UH, DRIVE BACK AND FORTH ON THAT EASTMAN, WHICH IS ABOUT 600 YARDS CLOSER. I THINK STAFF PROVIDED DOCUMENT THAT IT'S NOT AN EASEMENT. OH, OKAY. EASEMENT. OKAY. OKAY. I DO HAVE ONE, ONE CLARIFY OFFICER. WELL THEN THE DOCUMENTS YOU SAID HE, HE PROVIDED, HE LOOKED UP, UH, I PULLED IT UP. UM, I CHECKED THE, UH, THE BEAR COUNTY PLATTS AND I VERIFIED THAT THERE IS NO EASEMENTS ON FRONT OF THAT PROPERTY. OKAY. BUT IT'S, WELL, THANK YOU MR. THIS CASE THAT HE HAD DID SHOW EASTMANS ON IT, THAT HE WROTE. THANK YOU. OKAY. THANK YOU. I JUST MISSED MISLEAD ALL. OKAY. NOW, MR. MADAM, BUT THERE'S A PICTURE RIGHT THERE. IT WAS AN ERROR PREVIOUS, WHICH WAS A FENCE. OKAY, MR. MADAM. AND SO I, I WOULD LIKE TO READ MOTION IN, BUT JUST WANTED ONE CLARIFYING POSITION REAL QUICK. SO WITH REGARDS TO THE FRONT, UM, RIGHT NOW, THE, THE, UM, THE, UH, PLAN PROVIDED SHOWS THAT, THAT THE FENCING YOU'RE LOOKING FOR STOPS BEFORE THE DRIVEWAY, SO YOU'RE NOT GONNA GONNA GO PAST THE DRIVEWAY. CORRECT. SO, SO I'M GONNA READ THAT IN THE MOTION AS FAR AS JUST GOING UP TO THAT DRIVEWAY. IS, IS WHERE WE'RE TALKING ABOUT FOR ALLOWING FOR THE SIX FOOT HEIGHT. OKAY. SO, SO BASICALLY JUST LIMIT IT UP TO THAT DRIVEWAY. IS THAT, OKAY, SO YOU SIX FOOT, IF YOU LOOK AT MY PROPERTY, MY, WHERE THE TONKA TRUCK IS AT, THAT, WHERE THE, THE TRASH CANS THAT IS ALL CONSIDERED TO BE THE STREET. I MEAN THE, THE, MY FENCE LINE AND THEN IT GOES OUT THIS WAY. SO THAT'S WHERE I'M PUTTING, WANTING TO HAVE SEAT. YES. SO, BUT I, BUT BUT IT'S NOT CROSSING THE DRIVEWAY. THAT'S WHAT I'M GONNA STATE THAT IN THE, IN THE MOTION. YEAH. IT'S JUST SO THAT WAY IT'S NOT CROSSING THE DRIVEWAY. NOT AT ALL. THANK YOU, MR. MAD. OKAY, I'M READY FOR MOTION. OKAY. UH, THAT CLOSES THE PUBLIC PORTION AND WE'RE READY FOR A MOTION TO BE READ. SO, UM, RECORDING, UM, CASE NUMBER BOA 2 3 1 0 3 0 0 3 9. UM, I MOVED THAT THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR A THREE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT FRONT FENCE HEIGHT, UM, TO ALLOW A SIX FOOT SOLID SCREEN FENCE ALONG THE FRONT YARD, UM, UP TO THE DRIVEWAY, UM, SITUATED AT 1 7 0 7 TOWN OAK DRIVE APPLICANT BEING MARTHA MULDER. 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, 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 OF THE SPIRIT AND PURPOSE OF THE CHAPTER. THE U D C STATES THAT THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR FENCE HEIGHT MODIFICATION. SINCE THERE ARE OTHER SIMILAR FENCES IN THE AREA, IT IS IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER BE THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. A FINITES, UH, CRITERIA PROTECT RESIDENTIAL PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY. THE PRIVACY FENCE WILL CONTRIBUTE TO THE WELFARE AND CONVENIENCE OF THE PROPERTY OWNER AND NEIGHBORS BY PROTECTING PEOPLE FROM GETTING INTO THE POOL. C THE [03:40:01] NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE PRIVACY FENCES ABOVE THE THREE FOOT MAXIMUM PERMITTED, UH, WERE OBSERVED IN VIC VICINITY OF THE SUBJECT SITE. THEREFORE, THE ADDITIONAL HEIGHTS WOULD NOT SUBSTANTIALLY INJURE OTHER PROPERTIES IN THE NEIGHBORHOOD. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND THE LOCATION OF WHICH THIS PROPERTY FOR WHICH THIS SPECIAL EXCEPTION IS SOUGHT. THE ADDITIONAL HEIGHT IN FENCE ALONG THE FRONT PROPERTY LINE UP TO THE DRIVEWAY WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS OTHER HOMES WITH POOLS HAVE SIMILAR FENCES. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. THE CURRENT ZONING PERMITS, UH, THE USE OF A SINGLE FAMILY HOME, THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE PURPOSE OF THE DISTRICT AS IT MERELY RELATES TO FENCE HEIGHT FOR PROTECTION OF THE POOL. AND THE MOTION. A SECOND, SECOND, SECOND. MS. BREGMAN? DORIAN, WOULD YOU LIKE TO PROVIDE SOME DISCUSSION? SO I'LL BE VOTING IN FAVOR. UM, YOU KNOW, AND I, I SET IT UP, YOU KNOW, I THINK GOING UP TO THE DRIVEWAY, WHICH IS WHAT THE PLAN SUBMITTED, I THINK THAT CLARIFIES SOME OF, UH, WHAT WE'RE EXPECTING FROM THE FENCE SITE. UM, OR WHERE WE WOULD EXPECT THE TALLER FENCE SITE. I THINK THAT THE UNIQUENESS OF THE PROPERTY, HAVING THE FENCE PUSH OR THE HAVING THE PULL PUSH FORWARD IN THE, I GUESS IN THEIR LARGER LOT, YOU KNOW, KIND OF TO ME WOULD MAKE SENSE FOR THIS PARTICULAR, UH, FENCE. SO I'LL BE VOTING IN FAVOR. THANK YOU MR. MANNA. MR. BRAGMAN. I CONCUR WITH MY COLLEAGUE. I'LL BE IN SUPPORT OF THE MOTION. ALRIGHT, LET'S GO AHEAD AND TAKE A ROLL CALL. VOTE. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. MENCHACA. I CONCUR. MS. CRUZ. I CONCUR. MR. ZUNIGA. I CONCUR WITH THE FINES OF FACT. MS. KAPLAN. I CONCUR. MR. VASQUEZ. I CONCUR. MR. OZUNA? I CONCUR. CHAIR ORIAN? YES. I CONCUR WITH TENANT FAVOR. THANK YOU SO MUCH. YEAH. TENANT FAVOR? NO OPPOSITION. THE VARIANCE, UH, THE SPECIAL EXCEPTION PASSES. GOOD LUCK WITH THE PROJECT. THANK YOU FOR YOUR TIME. CHAIR. IF YOU WOULD LIKE, UH, JUST TO INFORM YOU THAT, UH, DINNER'S HERE IF YOU WANT TO TAKE A BREAK, IT'S UP TO YOU THOUGH. WE WANT TO TAKE A, CAN WE HIT THE NEXT CASE TO TAKE A BREAK? OR MARCO? THIS IS MS. CRUZ. I NEED TO BUG OFF ALREADY. UH, SO DAN, I KNOW. CAN YOU HEAR ME? YES, MA'AM. UH, WE STILL HAVE A QUORUM. UM, LUCKILY, UM, WELL, MS. MS KAMAN NEEDS TO LEAVE AT FIVE 30 AS WELL. SO THAT WOULD BREAK OUR QUORUM. MS. UM, I SUGGEST WE PUSH THROUGH AS MUCH AS WE CAN. LET'S GO AHEAD AND HIT THE NEXT CASE THEN. THANK YOU. OH, OKAY. I'M OFF. THANK YOU. THE TIME IS, UH, 4 56 AND MS. CRUZ IS, HAS LEFT THE MEETING. SO NEXT CASE PLEASE. GOOD AFTERNOON. B O 8 23 1 0 3 0 0 0 4 0. ADDRESS IS 89 30 FABIANS COUNCIL DISTRICT SIX. APPLICANT IS PHILMAN HERNANDEZ. A REQUEST FOR NINE FOOT 11 INCH VARIANCE FROM THE 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW CARPORT TO BE ONE INCH FROM THE FRONT PROPERTY LINE ZONING IS R SIX RESIDENTIAL SINGLE FAMILY RESIDENCE CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED ALONG FABIANS IN THE FAR WEST SIDE OF SAN ANTONIO. THE APPLICANT HAS BEGUN CONSTRUCTION ON A CARPORT THAT HE HOPES TO BUILD ONE INCH FROM THE PROPERTY LINE SHORT OF THE 10 FOOT MINIMUM SETBACK REQUIREMENT. NO OTHER VARIANCES HAVE BEEN APPROVED IN THE AREA FOR A CARPORT FROM SETBACK. HOWEVER, MULTIPLE CARPORTS HAVE SIMILAR PLACEMENTS. DRIVEWAY DEPTH IS APPROXIMATELY 22 FEET FROM THE HOME TO THE PROPERTY LINE. UH, SITE PLAN, THE SUBJECT PROPERTY, THIS IS SURROUNDING AREA AND THIS SURROUNDING AREA SHOWINGS, UH, CARPORTS DOWN THE STREET AND A CARPORT TWO DOORS DOWN FROM THE SUBJECT PROPERTY. RECOMMENDATION, FRONT SETBACK VARIANCE STAFF RECOMMENDS DENIAL ON BO 8 23 1 0 3 0 0 4 0 BASED ON THE FOLLOWING FINDINGS. THE REDUCED FRONT SETBACK IN JURORS NEIGHBORING PROPERTIES AND TWO, NO SIMILAR VARIANCES HAVE BEEN APPROVED IN THE AREA. NOTIFICATION PLAN, 35 NOTICES WERE MAILED OUT. ZERO IN FAVOR, ZERO IN OPPOSITION. AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. THANK YOU. ANY QUESTIONS FOR STAFF? HEARING NONE THE APPLICANT, PLEASE COME FORWARD WITH YOUR PRESENTATION. SEE THE BEST FOR LESS. GOOD AFTERNOON, UH, MR. CHAIRMAN. THANK YOU. UH, PEOPLE FROM THE STAFF. MY NAME IS PHIL MON HERNANDEZ. I'M A RETIRED AIR FORCE WAR VETERAN. AND UH, I SAW ON THAT LAST SLIDE THAT THERE WAS NO APPROVALS. HOWEVER, UH, MR. LER HAS BEEN WORKING WITH ME RIGHT. AND HE'S BEEN TELLING ME WHAT TO DO AND HOW TO GET, HOW [03:45:01] I'LL GO ABOUT THIS. RIGHT. CAN YOU HEAR ME? I'LL GO ABOUT THIS. AND SO IF HE'S NOT HERE, I GUESS HE HAVE TO GO TO SCHOOL OR SOMETHING. HOWEVER, I DO HAVE APPROVALS. UH, I DON'T KNOW IF YOU WANT TO SHOW 'EM TO EXHIBIT, UH, YOU CAN PUT THEM IN THE PUBLIC RECORD. OKAY. I DO HAVE APPROVALS AND, UH, BELIEVE MR. LER TOLD ME THAT HE HAD ABOUT 3 0 4, UH, ON HIS, UH, EMAIL SYSTEM. 'CAUSE I SPOKE TO HIM THIS MORNING. UH, AT ANY RATE, LEMME JUST START OFF BY, THERE'S A HOUSE IF YOU WANNA SHOW THAT EXHIBIT, PLEASE. THERE'S A HOUSE THAT'S BUILDING AT THIS POINT. WELL, IT WAS A PICTURE THAT YOU SHOWED THAT THEY WERE DOING SOME CONSTRUCTION AND YOU SAID THAT THERE WAS NO VARIANCES GRANTED. DO YOU WANT US TO SHOW THAT, OR? WELL, BY THE WAY, THIS IS MY FIRST RODEO HERE. SO, UH, YOU KNOW, , UH, I'M A LITTLE NERVOUS, BUT, UH, THESE ARE ALL MY FOLKS THAT ARE IN FAVOR. UH, AS A MATTER OF FACT, MRS. NEDA IS ACROSS THE STREET FROM ME. UM, SHE WAS OKAY WITH THAT. MR. KEN. MR. KENNETH CASH IS ACROSS THE STREET FROM ME ALSO. 89 31 IS THE ONE NEXT TO ME IN FAVOR. UH, AND THEN THERE WAS ANOTHER ONE THERE. HIS NAME IS NICHOLAS. UH, HE WAS BUILDING THAT, I DON'T KNOW IF YOU REMEMBER THAT SUB THAT, UH, PICTURE YOU SAW WHERE THERE WAS CONSTRUCTION GOING ON, UH, TWO HOUSES FROM ME TO MY RIGHT, RIGHT THERE. UH, THAT GENTLEMAN RIGHT THERE, HIS NAME IS MR. NICHOLAS ARROYO. AND HE WAS GRANTED THE VARIANCE, UH, AS YOU CAN SEE IN THAT EXHIBIT, HE IS RIGHT ON THE PROPERTY LINE DUE TO THE FACT THAT HIS HOME IS BUILT CLOSER TO THE STREET. AND THAT IS MY ISSUE AS WELL. MY HOME IS BUILT CLOSER TO THE STREET, THEREFORE, UH, THE SETBACK 10 FEET, UH, YOU KNOW, THE SETBACK WOULD BE 10 FEET. HOWEVER, THAT WOULD GIVE ME A CARPORT OF ABOUT 12 FOOT, UH, EIGHT INCHES, WHICH I WOULD NOT EVEN BE ABLE TO COVER. MY S U V, WHICH IS 14.5 FEET, AND MY TRUCK IS 18 FEET, UH, IN LENGTH. SO, UH, I AM JUST ASKING FOR THE BOARD, UH, JUST A LITTLE BIT OF HELP, UH, BECAUSE OF THE, THE HOMES THAT WERE BUILT IN THE NINETIES. UM, AND YOU PROBABLY SEE, YOU SAW THE, UH, EXISTING CARPORTS THAT ARE ALREADY THERE. THEY'RE AT THEIR, THEY DO HAVE THOSE VARIANCES WHERE THEY'RE RIGHT AT THE PROPERTY LINE, WHICH I'VE HAD DISCUSSIONS WITH THE FOLKS THERE. AND, UH, I SIMPLY WANTED TO DO THE SAME THINGS. I WANT. I NEED A CARPORT DUE TO THE FACT THAT IN 2017, UH, THERE WAS A MAJOR HAILSTORM. I'M SURE Y'ALL KNEW ABOUT THAT. AND SO I HAD CAR, UH, DAMAGED VEHICLES AND SUCH, UH, DAMAGED MY MUSTANG, WHICH I HAD TO SELL 'CAUSE I WAS NOT GONNA FIX IT. SO I SOLD IT, AND OF COURSE AT A LOWER RATE. BUT WHAT, WHAT I'M TRYING TO DO IS, UH, TRY TO, UH, PRESERVE MY PROPERTY, UH, MY TRUCK, MY SS U V, MY CAR. AND SO, UM, I'M JUST ASKING THE BOARD FOR THAT VARIANCE DUE TO THE FACT THAT IT'S ALREADY THERE. IT'S AN EXISTING TYPE, UH, SITUATION. MY HOME IS BUILT CLOSER TO THE STREET. AND ANOTHER THING THAT YOU WANT TO NOTICE HERE ON THOSE EXHIBITS, YOU CAN SEE THE WAY THE HOUSES ARE BUILT, ZIGZAG IN A FASHION, SORT OF ONE'S BUILT TO THE FRONT, THEN ONE'S BUILT BACK, ONE TO THE FRONT, ONE BUILT BACK MINE. MINE IS BUILT FURTHER TO THE FRONT. TO THE STREET. AND THAT'S WHY, THAT'S WHY THE CARPORT WITH THAT 10 FOOT VARIANCE THAT YOU'RE ASKING FOR, UH, WHAT THE CITY IS ASKING FOR OR, OR, OR THE COUNTY, UH, WOULD NOT GIVE ME ADEQUATE, ADEQUATE, UH, COVERAGE IF WE WILL, TO, TO BE ABLE TO, UM, COVER MY ADEQUATELY, ADEQUATELY. AND THAT VARIANCE IS VERY, IS NEEDED CRUCIALLY, IN ORDER TO BE ABLE TO, UH, ACHIEVE THAT. THAT, UH, OKAY. LET'S SEE IF WE HAVE ANY QUESTIONS. ANY, UH, ANYBODY ON THE BOARD? YES. SO DO YOU, MR. TO STAFF. STAFF, WAS THAT A COURT BOARD APPROVED PRIOR AND WAS IT APPROVED FOR 10 FEET? THE, THERE IS ONE, HE HAD A, UH, HE PULLED PERMITS FOR SHAWA RIGHT ON, ON THIS ONE. YES. HAVE A PERMIT. MM-HMM. HE PULLED PERMITS FOR SHAWA. YES. RIGHT. THE PERMIT WAS GRANTED FOR A, UH, 10 FOOT SETBACK. OKAY. AND, UH, BUT HE CAN'T COMPLY. OKAY. SO IT WAS A 10 FOOT SETBACK AND IT, UH, HE KEEP WORKING ON IT WHILE, SO IF HE DOES A 10 FOOT SETBACK, HE'S NOT GONNA BE ABLE TO FIT A VEHICLE IN THERE. WELL SEE. SO YOU HAD IT WITH A 10 FOOT BACK [03:50:01] BEFORE YOU FIRST I'M NEW TO THIS, SO I DID NOT KNOW, SIR. UH, SO YOU WERE SHOWING US THE PERMITS, ET CETERA, AND THAT'S WHAT I THOUGHT. BUT, UH, HAVE YOU FINISHED, UH, BUILDING IT YET? NO, WE STOPPED. UH, OKAY. IT WAS A STOP ORDER. WE STOPPED IT. IT WAS, I WANNA MAKE SURE I DO IT RIGHT. AND WITH YOUR, YEAH. WITH YOUR HELP. YEAH, YEAH, YEAH. BUT LIKE I WAS SAYING, NO, NO, NO. BUT YOU HAD, UH, TO PROVE THERE THAT YOU WERE GRANTED A PERMIT, EXCUSE ME, FOR, FOR 10 FEET, NOT WHAT YOU WANT, WANT RIGHT NOW. SO THAT'S, THAT'S A QUESTION THERE. YEAH. SO IT WAS A AND THAT WAS IT. RIGHT. YOU KNOW, I RESEARCHED THIS AND I, YOU KNOW, I TRIED TO BE PREPARED FOR IT, BUT I'M ASKING THE QUESTIONS HERE FOR IT. I DID NOT KNOW, UH, I DID NOT KNOW THAT I HAD A CHANCE TO COME OUT TO THE BOARD AND DO THIS UNTIL I, PEOPLE STARTED TALKING TO ME. THE, UH, THE OFFICER THAT ASSISTED ME. 'CAUSE AT FIRST THE OFFICER THAT SHOWED UP TO MY HOUSE THOUGHT THAT I WAS IN COMPLIANCE BECAUSE HE THOUGHT THAT THE SETBACK WAS GONNA BE FROM THE SIDEWALK. AND SO I, AND HE TOLD ME THAT, AND HE GOES, WELL, YOU KNOW WHAT, NO, NO, I'M INCORRECT. IT'S GOTTA BE FROM THE RIGHT OF WAY, UH, OF THE, UH, YOU KNOW, RIGHT OF WAY. AND SO I GOT CONFUSED THERE ALREADY. AND SO WHEN I CAME DOWN HERE, YOU KNOW, I, I CAME FROM OUR PERMIT SO I CAN CONTINUE. HOWEVER, I NOTICED THAT I'M NOT GONNA GET ANYWHERE WITH THAT 10 FEET. SO THANK YOU. I NEED TO FIX THAT. AND WITH YOUR APPROVAL, UH, I WANT TO DO IT THE CORRECT WAY. AND THE, UH, JUST FOR, SO THE, UH, THE, UH, APPROVALS YOU HAVE ARE FROM YOUR NEIGHBORS THAT ARE MOST AFFECTED BY THE CARPORT OR WHO DO YOU, WHO DO YOU HAVE, DO YOU HAVE APPROVALS FROM YOUR NEIGHBORS ON EITHER SIDE? I GOT ONE FROM THE ONE SIDE. YES, SIR. AND I GOT APPROVAL FROM, UH, SEE THE NEIGHBOR, UH, NEXT TO ME. YES. UH, I GUESS SHE DIDN'T TURN IN HER PAPERWORK AND SUCH. OKAY. AND THERE MIGHT BE A LITTLE BIT OF, UH, BACKGROUND THERE. OKAY. AND, UH, IF YOU WANT ME TO ELABORATE, I CAN. NOW LET ME ASK YOU A QUICK QUESTION. ARE YOU GONNA PUT GUTTERS ON THE, ON THIS TO KEEP THE WATER FROM FLOWING INTO OH, ABSOLUTELY. CAN YOU JUST MAKE A STATEMENT THAT YOU'RE GONNA INTEND TO AMEND TO INCLUDE GUTTERS, IF ANY, UH, WORK TO BE APPROVED FOR THE STATEMENT AND FOR THE BOARD TO HEAR. UH, I WILL INTEND TO PUT GUTTERS AS I WAS INTENDING TO DO SO TO MAKE SURE THAT THE WATER RUNS AWAY FROM, UH, THANK YOU. UH, FROM THE, FROM THE FOLKS. ALRIGHT. UM, HOW MANY CARS DO YOU OWN? I OWN THREE CARS. OKAY. SO I SEE TWO AND ONE, MY BROTHER, HE LIVES WITH ME ALSO. SO YOU HAVE FOUR CARS? YES. AND I SEE YOU HAVE A TWO CAR GARAGE. UH, HAVE A TWO CAR GARAGE. WELL, I CAN NOT FIT MY TRUCK IN THERE, BUT YOU COULD FIT THE OTHER CARS IN THERE. I GOT ONE IN THERE. UM, BUT ALSO, YOU KNOW, I I, MY BROTHER'S UH, STUFF IS THERE ALSO 'CAUSE HE'S, HE'S GONNA MOVE IN WITH ME. HOWEVER, UH, IT IS A TWO CAR GARAGE. HOWEVER, WHEN THAT, WHEN I BOUGHT THE HOUSE, IT, IT, IT CAME WITH, I WISH IT, I WISH JACOB WOULD'VE TOLD ME THIS. IT ALREADY HAD, UH, SHELVES AND SO THE SHELVES ARE PROTRUDING IN MM-HMM. . SO BASICALLY I DON'T HAVE THE NE NECESSARY TO CAR GARAGE WHEN I BOUGHT THE HOME IN THANK YOU. IN 2010. THANK YOU. THANK YOU. UH, MR. BRAGMAN, DID YOU HAVE A QUESTION OR NO, I WAS JUST ASKING IF STAFF COULD READ OFF THE ADDRESSES OF THE, THE, UM, SUPPORT DOCUMENTS THAT THE APPLICANT BROUGHT. 8 9 2 2 FA 8 9 3 1 FAIN 8 9 0 7 FAIN 8 9 1 5 FAIN 8 9 3 8 FAIN AND 8 9 1 8 FAIN. ALRIGHT, THANK YOU. UH, LET'S SEE. STAFF. IS THERE ANY MANAM UH, MR. MANAM? SO THE QUESTION FOR STAFF, SO, SO THE APPLICANT SAID THAT, UH, THE ADDRESS 8 9 2 2 FABENS, UH, I GUESS WAS PERMITTED TO PUT THE WOOD STRUCTURE THERE. UM, WHICH LOOKS A LITTLE BIT ODD, UM, BECAUSE IT SEEMS LIKE IT'S ENCROACHING BOTH THE SIDE AND THE FRONT SETBACK. SO THE ONE THAT'S UNDER CONSTRUCTION HAS NO VARIANCE, UH, PROVED THAT YOU SHOULD BE SAYING THAT ONE IN THE COMING WEEKS. . I FIGURED SUCH. OKAY. HE TOLD ME THAT HE WAS IN THE PROCESS OF GETTING ALL THAT PROCESS. YEAH, JUST, JUST WANNA VERIFY. OKAY. YES. THANK YOU. THANK YOU. AND, AND NOTHING TO ORIAN MR. ORIAN. AND JUST REAL QUICK, UH, HE'S ASKING TO BE AN INCH OFF AND COULDN'T HE PUT HIS LAST POST JUST FIVE FEET OFF AND WE CAN GIVE HIM A FIVE FOOT VARIANCE AND THEN THAT WAY HE COULD, IT IT'LL IT'LL JUST KEEP THE POST AWAY FROM THE, FROM THE EDGE AND IT WON'T LOOK AS, AS INTRUDING NEAR THE STREET. THAT'S STILL POSSIBLE, RIGHT? SO, SO, SO TO THE APPLICANT, SO ONE OF, SO ONE OF THE, ONE OF THE THINGS THAT, [03:55:01] UM, YOU'RE ALLOWED TO HAVE A FIVE FOOT EASEMENT FROM A POLE, OVERHANG FROM OVERHANG, FIVE FOOT OVERHANG FROM A POLE. AND SO, SO THE QUESTION I GUESS IS BEING ASKED IS IF, COULD YOU POSSIBLY SCOOT THE POLE FIVE FOOT TOWARDS YOUR HOUSE AND STILL ALLOW FOR THE, THE OVERHANG THAT YOU CURRENTLY HAVE? WELL, TO QUITE BE QUITE FRANK WITH YOU, UM, I DIDN'T EVEN PUT THE POST YET. IN FACT, I HAD THE TWO FRONT ONES AND THE ONE ON THE SIDE. UM, SO WITH THE FIVE FOOT TO BE ALL WITH MR. ORIAN AND, AND STAFF, I HAVE AN 18 FOOT TRUCK. RIGHT. GOT MY, IT, THAT'S MY BABY. AND SO THAT 18 FOOT, THAT 18 FOOT OR THE FIVE FOOT VARIANCE THAT HE, THAT MR. ORA IS SAYING WILL PROBABLY NOT COVER MY TRUCK COMPLETELY. NO. SO, SO THE SIZE OF THE CANOPY DOES NOT CHANGE POST FIVE FEET. YEAH, BUT YOU HAVE AN OVERHANG, BUT IT CAN OVERHANG THE REST OVER TRUCK. SO THE CANOPY DOESN'T CHANGE, IT'S JUST WHERE HE PUT THE SUPPORT STRUCTURE, PUT THE OVERHANG. YES. WE NEED TO MAKE SURE POSTS ARE, SO THE POSTS WOULD JUST HAVE TO SUPPORT. YEAH. LEMME BRING IN, I BROUGHT THAT QUESTION UP BECAUSE, UH, YOU KNOW, THERE'S, THERE'S A FEW CARPORTS ON YOUR STREET. ONE OF THEM IS A VERY SHORT CARPORT. YES. I MEAN, IT PROBABLY AT ONLY STICKS AWAY FROM THE HOUSE LIKE 10 FEET. AND IT, IT JUST, YOU KNOW, AND SO SOME, YOU KNOW, I'M JUST, I'M TRYING TO, TO, TO JUST NOT SET SO MANY PRECEDENCES AND HAVING CARPORTS GO ALL THE WAY IN. UH, AND SO, YOU KNOW, BY, MAYBE BY NOT PUTTING THE POST AT THE HARD CORNER AND HAVING IT SET BACK A LITTLE BIT, IT WON'T LOOK AS INTRUDING. THAT'S ALL I WAS. AND YOU WOULD BE GRANTED, WOULD I BE GRANTED AT LEAST FOUR FEET? WELL, OH, I DON'T, I MEAN, I'M FINE TOO. FOUR FEET THAT WAY. IT, IT, IT OVERHANGS TOWARDS THE STREET. FOUR FEET IS WHAT WE'RE GETTING AT. WE'RE JUST TRYING TO AVOID HAVING A, A COLUMN OR A POST RIGHT ON AN INCH OFF OF THE PROPERTY LINE. THAT'S ALL. I THINK THAT'S FINE. I CAN, I CAN REST ASSURED THAT IT'LL BE FOUR FEET OFF THE, UH, OKAY. OKAY. YOU'LL NEED AN ENGINEER REPORT TOO. RIGHT? CAN YOU AVENGE YOUR APPLICATION? YEAH. FOUR FEET'S, FOUR FEET. WE CAN SAY WHATEVER WE CAN. FOUR FEET. OKAY. WAS AN ENGINEER'S REPORT THAT'LL COST OKAY. THAT, YEAH. HE'LL HAVE A BILLING PERMIT. OKAY. THAT, UH, SO I THINK WE'RE READY FOR A, FOR A MOTION THEN, IF THAT MISS VICTORIAN, WOULD YOU LIKE TO MAKE THE MOTION? SURE. UH, THIS ONE IS, UH, NUMBER 40. OKAY. YEAH, I GOT IT. REGARDING CASE, UH, NUMBER BOA DASH 23, UH, DASH, UH, 1 0 3 0 0 40. I MOVE AS THE BOARD OF ADJUSTMENT GRANDER REQUEST FOR A FOUR FOOT VARIANCE, UM, I'M SORRY, SIX FOOT VARIANCE FROM THE 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A CAR REPORT TO BE FOUR FEET FROM THE FRONT PROPERTY LINE SITUATED AT 89 30 FA BINS APPLICANT BEING, UH, PHILMAN HERNANDEZ. BECAUSE THE TESTIMONY PRE PRESENTED US AND THE FACTS WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, WHICH IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED, WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE POST PROPOSED CARPORT IS FAR FROM THE STREET AND, AND SO IS NOT CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE, A APPLICANT COULD NOT BUILD THE CARPORT CONFORMING TO THE CODE. THREE, BY GRANTING THE VARIANCE OF 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. REDUCING THE FRONT SETBACK WOULD NOT INJURE NEIGHBORING PROPERTIES AS THERE ARE OTHER CARPORTS IN THE AREA BEFORE THE VARIANCE WOULD NOT AUTHORIZE THE OPERATION OF THE USE. UH, OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED, NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT HOLDING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REDUCED FRONT SETBACK WILL NOT INJURE NEIGHBORING PROPERTIES AS OTHER PROPERTIES IN THE AREA HAVE SIMILAR CARPORTS, AND IT WOULD NOT OBSTRUCT THE NEIGHBOR'S VIEW. SIX. SUPPLY TO THE OWNER OF THE PROPERTY FOR PERSEVERANCE IS SOUGHT AS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE REDUCED FRONT SETBACK VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE LOCATION AND A MOTION. SECOND, THE SECOND FROM, WAS THAT AMANDA? WAS IT SECOND? OKAY. WOULD YOU LIKE TO, UH, PROVIDE ANY COMMENTS MR. ORIAN? YEAH. UH, I DON'T HAVE A PROBLEM WITH, THIS IS HIS, THE FACE OF HIS HOUSE IS, IS, UH, UH, 22 FEET AWAY FROM HIS PROPERTY LINE. I THINK GIVING HIM THE, THE FOUR FOREFOOT VARIANCE AND JUST PUSHING THE POST BACK A LITTLE BIT, ALLOW HIM TO HAVE A, A CARPORT THAT IS FUNCTIONAL FOR HIS VEHICLES AND YET NOT BE AS IMPOSING TO THE NEIGHBORS. UH, THANK YOU. THANK YOU, MR. AND, AND JUST A REMINDER THAT YOU, YOU CANNOT GO PAST THAT 10 FOOT, SO, SO EVEN THOUGH YOU, YOU'RE ALLOWING FOR IT, YOU HAVE TO, YOU CANNOT PASS THAT 10 FOOT FOR THE, FOR THE DIALOGUE HERE, FOR THE FRONT SETBACK. SO, BUT I CAN'T DO THE OVERHANG. YEAH, YOU CAN DO THE OVER, THANK YOU. YEAH. THE POST CAN BE FOUR FEET AWAY FROM THE [04:00:01] PROPERTY LINE, AND THEN THEY CAN OVERHANG FOUR. THANK YOU. ALRIGHT, LET'S GO AHEAD AND, AND TAKE A ROLL CALL. VOTE CHAIR. ORIAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. MANCHACA. I CONCUR. MR. ZUNIGA. NO, I DO NOT CONCUR. MS. KAPLAN? I CONCUR. MR. VASQUEZ. I CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. ZUNA? YES, I CONCUR. THREE FOUR. COMMISSIONER ZUNIGA. IS THERE, IS THERE A, UH, AMENDMENT TO THE MOTION BEFORE THE RESULTS ARE READ THAT WOULD AS SWAY YOUR OPINION OR DONALD, MR. ZUNIGA? SO WE ONLY HAVE NINE IN, IN, IN PANEL TODAY, AND SO WE TYPICALLY HAVE A FULL PANEL OF 10 OR 11. SO IS THERE SOMETHING ON THE PREVAILING SIDE THAT WE COULD AMEND OR OTHER? OTHERWISE, I'D, I'D OPEN IT UP AND ASK FOR MOTION TO CONSIDER TO RECONSIDER, OR I CAN WITHDRAW THE MOTION IF YOU WANT. MR. ZUNIGA, ANYTHING WE CAN OFFER? NO. THE SOUND, THE VOTE HAS ALREADY BEEN SPOKEN. NO, WE HAVEN'T, I HAVEN'T STATED THAT THE COUNT YET. A MOTION FOR RECONSIDER MR. UM, MANNA. OKAY. OR MR. MANNA? YEAH. MOTION TO RECONSIDER. RECONSIDER FOR SECOND CONTINUOUS OF THE CASE. SECOND. CAN WE GET A, UH, JUST A VOICE CALL. A VOICE VOTE. VOTE FOR A CONTINUANCE ON THE CASE. ALL IN FAVOR SAY AYE. NO. VOTE RECONSIDER. AYE. VOTES FOR RECONSIDER. ALL IN FAVOR SAY AYE. AYE. AYE. AYE. MOTION. A MOTION, SIR FOR CONTINUANCE. MOTION FOR CONTINUANCE TO UNDERSTAND. WELL, SO WHAT HAPPENS? WE NEED A UNANIMOUS VOTE OF NINE. WE HAVE ONE MEMBER OF THE BOARD WHO'S VOTING AGAINST THE CASE. CAN I ASK WHY? HE WON'T GIVE US A REASON WHY. SO I BELIEVE HE SAID SOMETHING ABOUT AN ENGINEER. NO, NO, YOU DON'T. THAT'S A BUILDING PERMIT ISSUE. IT'S NOT A B O A ISSUE. IT'S NOT A B O. YEAH. MR. ZUNI, CAN YOU PROVIDE PLEASE, A, AN EXPLANATION ON YOUR I I CAN'T. CAN YOU PROVIDE AN EXPLANATION OF YOUR NEGATIVE VOTE, PLEASE? FOR THE, FOR THE, UH, BENEFIT OF THE BOARD? IT'S A NO SO ALREADY. OKAY. OKAY. THANK YOU. WHAT, WHAT THEY'RE SAYING IS THAT IF YOU COME BACK TO ANOTHER TIME WHEN WE HAVE A LARGER BOARD, THEN YOU'LL PROBABLY GET AN APPROVAL. UH, NO, MS. CABINET, YOU'RE WRONG. YOU'LL HAVE A CONSIDERATION OF THE, UH, UH, WHEN THE VOTE IS ALREADY. OKAY, MR. COUNTED. OKAY. IS THERE A MOTION FOR A CONTINUANCE? YES, THERE'S A MOTION. I MADE THE MOTION FOR CONTINUANCE. SO TO RECONSIDER SECOND? YES, MS. BRAGMAN. SECOND. OKAY. OKAY, LET'S GO AHEAD AND TAKE, WHAT'S THE CONTINUANCE DATE? THERE WAS A MOTION TO RECONSIDER TO BRING IT BACK. WHAT'S THE CONTINUANCE DATE? UH, NEXT AVAILABLE MEETING. I SAID, I STATED NEXT AVAILABLE MEETING. SO IS WHAT I STATED, BUT VERY GOOD. THANK YOU. OKAY. MR. MANNA? YES. MS. BRAGMAN? YES. MR. SPIELMAN? YES. MR. MENCHACA? YES. MR. ZUNIGA? NO. JUST NEED MS. KAPLAN? YEAH. OKAY. NEXT. MS. KAPLAN? YES. MR. VASQUEZ? YES. MR. OZUNA? YES. CHAIR ORIAN? YES. SO WE HAVE A MAJORITY VOTE, SO UNFORTUNATELY WE'RE GONNA HAVE TO ASK FOR A CONTINUANCE OF THE CASE, AND I'M, I'M SORRY IT HAPPENED THIS WAY. SO, UM, BUT WE HAVE A DATE, SIR. WE'LL EXPLAIN IT TO YOU. THANK YOU. OKAY, SORRY. SO, NEXT CASE, PLEASE. BO O A DASH TWO THREE DASH 0 3 0 0 0 4 3. ADDRESS BEING 6 3 1 CAROLINA STREET IN CITY COUNCIL. DISTRICT TWO, APPLICANT BEING GREENSBORO HOMES A REQUEST FOR A VARIANCE TO ALLOW FOUR SEPARATE STRUCTURES ON AN RMM FOUR THAT IS LESS THAN ONE THIRD OF AN ACRE. AND THE CURRENT ZONING IS AN RMM FOUR RESIDENTIAL MIXED. THE SUBJECT PROPERTY IS LOCATED ALONG CAROLINA STREET AT THE INTERSECTION OF SOUTH CHERRY STREET ON THE EAST SIDE OF SAN ANTONIO. THE RECENT U D C UPDATE ESTABLISHED THAT RM FOUR LOTS THAT ARE LESS THAN ONE THIRD OF AN ACRE ARE REQUIRED TO CONTAIN DEVELOPMENT WITHIN A SINGLE STRUCTURE. THE APPLICANT IS REQUESTING A VARIANCE TO DEVIATE FROM THIS RECENT REQUIREMENT. ADDITIONALLY, THE APPLICANT WENT THROUGH AND APPROVED REZONING LATE LAST YEAR AT THE TIME BEFORE THIS STANDARD. AND THEN THIS IS THE SITE PLAN, THE SUBJECT PROPERTY, THE SURROUNDING AREA STAFF RECOMMENDATION FOR FOUR SEPARATE STRUCTURES ON AN RMM FOUR THAT IS LESS THAN A [04:05:01] ONE THIRD OF AN ACRE. STAFF RECOMMENDS APPROVAL IN BO O A DASH 23 DASH 0 3 0 0 0 4 3 BASED ON THE FOLLOWING. ONE, THE APPLICANT IS ABIDING BY ALL OTHER SETBACK REQUIREMENTS, WHICH WILL NOT INFRINGE ON SURROUNDING PROPERTY OWNERS. AND TWO, THE NEW U D C REQUIREMENT WAS NOT IMPLEMENTED WHEN THE APPLICANT'S REZONING WAS APPROVED LATE LAST YEAR. AND THEN THIS IS THE NOTIFICATION PLAN. STAFF NOTE, 29 NOTICES, UH, ZERO IN FAVOR, ZERO IN OPPOSITION. AND THEN DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION OF THE REQUEST THEN. AND THEN THIS IS THE EMAIL THAT I WAS SENT, UH, FROM THE NE, THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION, UH, EXPRESSING THEIR OPPOSITION. THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. ANY QUESTIONS FOR STAFF? AND AS A, AS A COURTESY TO THE COURTESY TO THE APPLICANT, I'LL LET THEM KNOW THAT WE'RE DOWN TO NINE MEMBERS. AGAIN, IT'S GONNA TAKE IN UNANIMOUS, UH, VOTE OF THE NINE MEMBERS. AND, UH, WOULD OFFER AGAIN, THE ABILITY FOR Y'ALL, FOR YOU TO ASK FOR CONTINUANCE IF, UH, DEPENDING ON THE, UH, THE WAY THE BOARD IS, IS KIND OF LEANING ON THE CASE. SO, UH, UM, SIR, ON THE APPLICANT, WE'LL, WE'LL TAKE OUR, OUR CHANCE TO, OKAY? YES, SIR. UH, SO LET'S PLEASE COME FORWARD AND, UH, LET'S, UH, HEAR THE CASE. MY LEGS GOT MY BLOOD SUGAR'S ALSO GOING, SIR. . . UH, THANK YOU VERY MUCH. MY NAME IS JIM LEONARD. UH, I'M THE OWNER OF GREENBOROUGH HOMES. WE'RE A LOCAL SINGLE FAMILY HOME BUILDING COMPANY, UM, UH, WORKING WITH THE OWNER OF THE PROPERTY WHO IS THE TEXAS STATE AFFORDABLE HOUSING CORPORATION. THE INTENT IS TO BUILD FOUR SINGLE FAMILY DETACHED HOMES ON THE PROPERTY THAT WOULD MEET THE REQUIREMENTS FOR AFFORDABLE HOUSING. UM, THIS OWNER'S REQUIREMENTS GO FAR BEYOND WHAT THE CITY OF SAN ANTONIO REQUIRES FOR AFFORDABLE HOUSING, WHICH IS THAT, UH, THE PROPOSED BUYER HAVE AN INCOME THAT DOESN'T EXCEED 120% OF THE AREA MEDIAN INCOME FOR A FAMILY OF FOUR IN SAN ANTONIO, THAT'S AROUND $90,000 A YEAR. THE REQUIREMENTS FOR THE TEXAS STATE AFFORDABLE HOUSING CORPORATION ARE THAT THE OWNER OF THE PROPERTY OR THAT THE POTENTIAL BUYER HAS AN INCOME THAT DOES NOT EXCEED 80% OF THE AREA MEETING INCOME. SO WHAT, SO IT'S, IT'S BUILT TO MEET THE INCOME REQUIREMENTS OF PEOPLE AT, AT RATHER MODEST INCOME LEVELS. WE'RE TALKING ABOUT FIREFIGHTERS, SCHOOL TEACHERS, POLICE OFFICERS, PEOPLE LIKE THAT. I WAS THE CHAIR OF THE 2017 NEIGHBORHOOD HOUSING COMMITTEE, WHICH WAS THE FIRST BOND THAT, UH, WAS APPROVED FOR AFFORDABLE HOUSING. AND SO I KNOW VERY WELL WHAT THE REQUIREMENTS FOR THAT ARE. UM, I WAS PUT IN TOUCH WITH, UH, THE TEXAS STATE AFFORDABLE HOUSING CORPORATION BECAUSE OF A LOT OF THE INFILL AFFORDABLE HOUSING I'VE DONE IN THE PAST. SOME OF THE PEOPLE WHO HAVE ALREADY LEFT FROM STAFF KNOW WHO I AM AND THAT THEY KNOW THAT I'VE BUILT AFFORDABLE HOUSING IN THE CITY FOR THE LAST 12 YEARS. UH, WORKED WITH THE CITY ON SOME OF THE VARIOUS PROGRAMS THAT THEY ROLL OUT THAT HELP THE BUILDER INCENTIVIZE THE PROJECT BY POSSIBLY RECOVERING IMPACT FEES, THINGS LIKE THAT, THAT WOULD REDUCE THE COST TO MAKE IT MORE AFFORDABLE FOR A POTENTIAL HOME BUYER. I WANNA ADDRESS THE, UH, FIRST OF ALL BEFORE I GO MUCH FURTHER, THE, THE TURN DOWN THE LETTER THAT WAS SUBMITTED BY THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION THAT, UH, DENIED THE REQUEST. WE, WE REZONED THE PROPERTY BACK LAST FALL. WE REZONED ORIGINALLY WHEN THE PROPERTY WAS ACQUIRED, IT WAS ZONED C TWO. UH, WE SOUGHT RM FOUR ZONING BECAUSE EVERY OTHER PROPERTY ON THAT SIDE OF THE STREET WAS ZONED RMM FOUR. AND ON THE OTHER SIDE OF CHERRY STREET, THOSE WERE ALL ZONED RMM FOUR BEFORE WE WERE APPROACHED ABOUT CHANGING THE ZONING TO I D Z, BUT WE REFUSED THAT BECAUSE THERE WAS NO PARKING REQUIREMENT. WE DIDN'T WANNA STIR UP THE NEIGHBORS AND MAKE 'EM THINK WE WERE DOING SOMETHING THAT WE WEREN'T. SO THERE'S NO PARKING REQUIREMENTS IN I D Z, NONE OF THAT. AND WE WANTED TO MAKE SURE THAT WHAT WE SUBMITTED WAS A FRIENDLY APPROACH TO THE PROPERTY AND TO WHAT WE COULD BUILD AND WHAT WE THOUGHT WOULD BE APPROVED. SO WE MET WITH THE, UH, WITH THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION BACK IN THE SUMMERTIME WHEN WE FIRST SUBMITTED THE ZONING REQUEST. AND, UH, I HAD A CONVERSATION ON THE PHONE WITH ARBY LEWIS, WHO WAS THE CHAIR OF THE, UH, NEIGHBOR DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION AT THAT TIME. UH, I FOLLOWED THAT UP WITH THIS EMAIL TO HIM THAT TOLD HIM EXACTLY WHAT WE WERE GOING TO DO, THAT WE WERE GOING TO BUILD FOUR UNITS ON THE PROPERTY, AND THAT WE WENT INTO SOME OTHER CON, THERE WAS SOME OTHER DISCUSSION THERE AS WELL. AND I'LL SUBMIT THIS AS, AS EVIDENCE. HE EMAILED ME BACK A COUPLE OF DAYS LATER THAT STATED, UH, YES, WE'RE IN RECEIPT OF YOUR EMAIL AND THIS IS THE DATE OF OUR, OUR MEETING AND WE WELCOME YOU TO COME AND SPEAK TO OUR BOARD ABOUT IT. IT WAS GONNA BE A ZOOM MEETING, UH, IT WAS DONE ONLINE. CASSANDRA RAMIREZ, WHO'S REPRESENTATIVE OF THE TEXAS STATE AFFORDABLE HOUSING CORPORATION, AND I BOTH ATTENDED THAT MEETING. AND AT THAT TIME, UM, THEY DIDN'T APPROVE IT AT THE MEETING BECAUSE THEY ALWAYS DISCUSSED IT AFTERWARDS, BUT THEY, UH, GOT BACK TO US LATER AND SUBMITTED THIS LETTER TO US AND TO KELLY SANDERS IN THE ZONING DEPARTMENT STATING THAT THEY WERE IN FAVOR OF OUR ZONING REQUEST. SO LAST SUMMER, WE, WE MET WITH [04:10:01] THEM AND DISCUSSED BUILDING FOUR UNITS ON THE PROPERTY. WE WERE VERY CLEAR ABOUT THAT. IT STATED IN THE EMAIL, AND, UH, THEY APPROVED THAT. AND SO WE'RE A LITTLE SURPRISED TODAY THAT THEY WOULD SUBMIT A LETTER THAT WOULD, UH, BASICALLY DENY THE EXACT SAME THING THAT WE HAD ASKED THEM FOR. UH, BACK IN THE SUMMERTIME. WE, WE WERE CLEAR IN OUR, IN OUR EMAIL THAT WE SENT THAT STATED THAT WE'RE NOT LOOKING FOR ANY CHANGES. UH, WE WANT TO, UH, GO FORWARD WITH EXACTLY THE PLAN THAT WE HAVE. UM, AND SUBSEQUENTLY, THE THIS LETTER THAT YOU SAW IS WHAT THEY SENT BACK. SO I WANNA GO THROUGH A LITTLE QUICK TIMELINE ON THIS TO TELL YOU HOW WE GOT TO THE POINT THAT WE'RE AT. UM, AS WE GOT OUR ZONING CHANGE APPROVED, WE WENT THROUGH THE PROCESS OF THAT THROUGH CITY, YOU KNOW, ZONING COMMITTEE AND CITY COUNCIL, AND ALL THAT ZONING WAS APPROVED AND THE ZONING WAS CHANGED TO RMM FOUR AT THAT TIME, SINCE WE DIDN'T HAVE A PLAT FOR THE PROPERTY, BECAUSE IT'S AN, IT'S, IT'S AN OLD PROPERTY AND IT WOULD, EVEN IF THE PLATT WAS AVAILABLE, IT WOULD'VE BEEN ANTIQUATED AND WE COULDN'T HAVE USED IT ANYWAY. SO WE HAD TO SUBMIT FOR A CERTIFICATE OF DETERMINATION. WE DID THAT AND WE, UH, RECEIVED OUR CERTIFICATE OF DETERMINATION. I HAVE A COPY OF IT HERE ON SEPTEMBER 16TH. ONCE WE RECEIVED THAT, THAT WAS REQUIRED TO BE SUBMITTED TO THE CITY TO GET OUR ADDRESSING CORRECT SO THAT WE HAD THE PROPER ADDRESSING FOR THE FOUR UNITS THAT WE BUILT ON THE PROPERTY. WE RECEIVED THAT AT THE END OF OCTOBER. AND IN EACH TIME WE DID THIS, I WALKED THROUGH THE DOUBLE DOORS AT THE END OF THIS ROOM ON THE OTHER SIDE OF THIS BUILDING, AND MET WITH THE PEOPLE AT THE COUNTER THERE WHO HANDLED PLANNING AND PLANNING AND ZONING REQUESTS AND THINGS LIKE THAT. NOBODY EVER BROUGHT UP THE FACT TO ME THAT THERE WAS GOING TO BE A CHANGE TO THE U D C OR ONE WAS EVEN CONTEMPLATED. NOW, LOOK, I'M NOT HERE TO ARGUE WHETHER OR NOT THE U D C IS A, IS, IS, IS VALID AND THAT WE SHOULD BE GRANDFATHERED INTO WHAT WE WERE ALREADY WORKING ON. BUT THE FACT IS THIS, WHEN WHEN WE ALSO, BECAUSE THIS IS AFFORDABLE HOUSING, WE SOUGHT TO GAIN FEE WAIVERS THAT WERE AVAILABLE THROUGH THE CITY OF SAN ANTONIO FEE WAIVERS FOR WATER AND IMPACT FEES, AND FOR, UH, BILLING PERMIT FEES, WHICH WOULD'VE TOTALED ABOUT $8,000 PER UNIT, A SUBSTANTIAL AMOUNT OF MONEY FOR A PROJECT OF THIS, OF THIS SCOPE. AND THE, AND THE FACT THAT WE'RE TRYING TO APPEAL TO A, A BUYER AT 80% OF THE AREA MEDIAN INCOME, THE, AND THE EARLIEST DATE THAT AN APPLICATION COULD BE FILED TO SEEK THE FEE WAIVERS WAS JANUARY 3RD. SO, AND, AND YOU CAN, WE EVEN TRIED TO SUBMIT BEFORE THAT, AND IT WAS KICKED BACK TO US AND SAID, NO, YOU HAVE TO WAIT TILL JANUARY 3RD. THAT'S THE EARLIEST DATE THAT YOU CAN DO IT. SO WE SENT IN OUR APPLICATION AT THAT TIME, SEEKING THE FEE WAIVERS THAT, THAT WE FELT WOULD BE AVAILABLE. AND, AND CERTAIN FAVORS ARE GRANTED FOR REQUESTS THAT INVOLVE AFFORDABLE HOUSING. UM, THEY'RE MET WITH A, WITH MORE CONSIDERATION BECAUSE OF THE FACT THAT, YOU KNOW, WE WANNA TRY AND HELP THESE PEOPLE SAVE MONEY IF THEY'RE GONNA BUILD AN AFFORDABLE HOME. SO ON. WE WERE NOTIFIED BY ISAAC BURNELL, WHO'S ONE OF THE, WHO, UH, KIND OF OVERSEES THE, UH, FEE WAIVER PROGRAM. AND HE TOLD ME, AND HE ALERTED ME THAT THERE MIGHT BE SOMETHING YOU NEED TO GO CHECK OUT, BECAUSE WE THINK THERE'S BEEN A CHANGE IN THE LOT SIZE REQUIREMENTS TO BE ABLE TO DO THAT. SO WHEN I MET WITH THE PEOPLE AT THE PLANNING DEPARTMENT, AGAIN, THEY EXPLAINED THE CHAINS TO ME. AND I'LL SAY THIS ABOUT THE, THE AMENDMENTS TO THE U D C. YOU KNOW, I'VE HEARD COMMENTS TODAY THAT, WELL, YOU KNOW, PEOPLE SHOULD HAVE REVIEWED THOSE AND BEEN ON TOP OF THAT. THE AMENDMENTS, NOT THE, THE ENTIRE U D C, BUT JUST THE AMENDMENTS WERE OVER 350 PAGES LONG. AND I DEFY ANY OF U TO SIT DOWN AND POUR THROUGH THAT AND FIND OUT ANYTHING THAT'S SPECIFIC TO YOUR CASE. SO, AND, AND I ALSO NEVER WOULD'VE CONSIDERED THAT A PROPERLY ZONED PROPERTY THAT MET ALL THE REQUIREMENTS FOR LOT SIZE AT THE TIME, THE, UM, ABILITY TO BUILD THE NUMBER OF UNITS CONSIDERED FOR THAT ZONING CATEGORY THAT THE LOT SIZE WOULD CHANGE. WE NEVER IN A MILLION YEARS THOUGHT THAT WOULD HAPPEN. IT DID. AND, AND SO WE'RE HERE TO ASK FOR A VARIANCE BECAUSE OF A, THE FACT THAT IT'S AFFORDABLE HOUSING. B, THE WAIVERS COULDN'T BE GRANTED OR EVEN ACCEPTED UNTIL JANUARY 3RD. AND THE PROCESS FROM THE CITY TODAY IS THEY, THEY ACCEPT ALL THE APPLICATIONS FOR WAIVERS FOR THE ENTIRE MONTH OF JANUARY, MONTH OF FEBRUARY. THEY START VETTING THROUGH 'EM AND LOOKING TO SEE WHO'S THE BEST QUALIFIED AND THEN THE AWARD FROM THE AVAILABLE FUNDS, UH, WHO THEY THINK SHOULD, UH, BE DESERVING OF THE, OF THE FEE WAIVER. SO, SO WE'RE KIND OF IN LIMBO ON THAT RIGHT NOW. IT'S, IT, WE CAN ALSO BUILD THIS AS A, AS A, AS A MONOLITHIC FOUR DOOR, UH, BUILDING A FOURPLEX THAT WOULD, UH, REQUIRE FIRE SPRINKLERS AT A COST OF $9,000 PER UNIT. SO $36,000 IN TOTAL TO PUT IN FIRE SPRINKLERS. THERE MAY BE AN ADDITIONAL REQUIREMENT FOR MONITORING, WHICH IS ANOTHER $9,200 PER UNIT. SO WE'RE HOPING WE DON'T HAVE TO DO THAT. SO IT, IT, IT BLOWS US OUT OF THE WATER FROM BEING AN AFFORDABLE HOUSING PROJECT. AND THAT'S THE ENTIRE REASON WHY THE TEXAS STATE AFFORDABLE HOUSING CORPORATION PURCHASED THE PROPERTY AND BEGAN THE WORK TO DO THIS. AND WE HAVE TO BE ABLE TO PUT, BECAUSE OF WHAT THEY PAID FOR IT, WE HAVE TO BE ABLE TO JUSTIFY THAT COST AND BRING DOWN THE, THE PER UNIT PRICE BY BUILDING MULTIPLE UNITS ON IT. SO IT DOESN'T WORK UNDER, UNDER ANY OTHER SCENARIO. IF WE, YOU KNOW, TO [04:15:01] BUILD ONE BUILD, JUST BUILD ONE HOUSE ON IT, THAT'S A HALF MILLION DOLLAR HOME EASILY WITH PRICES IN THE DIG, NOT IT'S SOUTH OF DIGNITY IN WHITTY HILL, IT'S IN DENVER HEIGHTS, IT'S A LITTLE BIT SOUTH OF THE ALAMO DOME. IT'S RIGHT ACROSS THE STREET FROM THE, UH, ESSEX MODERN PROJECT THAT'S BEEN ON THE BOARD FOR YEARS. SO, UH, ANYWAY, WE'RE, WE'RE HERE TO, UH, TO, TO REQUEST THE, UH, THINGS TO BE KIND OF LEFT THE WAY THEY ARE FOR THIS PROJECT. I'VE SHOWED YOU THE WORK THAT WE'VE GONE THROUGH TO GET TO THE POINT OF BEING ABLE TO EVEN SUBMIT FOR BUILDING PERMITS. I DIDN'T EVEN TALK ABOUT OUR GETTING OUR STRUCTURAL ENGINEERING AND EVERYTHING ELSE REQUIRED TO GET A PERMIT, BUT THAT'S THE POSITION WE'RE IN RIGHT NOW. THANK YOU, MR. LETTER. LET'S SEE IF WE HAVE ANY QUESTIONS FOR YOU. OKAY. ORIAN, MR. ORIA. OKAY, SO, UH, TWO, TWO THINGS. NUMBER ONE, I'LL JUST MAKE A QUICK POINT. ALL THE U D C AMENDMENTS THAT CHANGED, UH, MOST OF 'EM ARE NOT EVEN, THEY'RE NOT EVEN CODIFIED IN THE, IN THE, ON THE WEBSITE, THE MUNI CODE WEBSITE. THIS ONE, I JUST LOOKED IT UP. IT'S NOT ON THERE YET. SO I MEAN, I I, IT'S, I KNOW IT'S NOT SOMETHING YOU CAN EVEN LOOK UP IF YOU WANTED TO. UH, SECONDLY, UH, AND, AND THIS IS FOR STAFF. I ASKED THIS QUESTION BEFORE, BUT IF HE GOT A C O D IN SEPTEMBER AND HE PUT THIS PROJECT IN MOTION PRIOR TO JANUARY 1ST, WOULDN'T I, I'D LIKE TO KNOW AT, AT LEAST HAVE LEGAL LET US KNOW IF, IF THE OPTION OF THE APPLICANT AT ATTAINING A VESTED RIGHTS APPLICATION, A RIGHTS DETERMINATION WOULD ALLOW HIM, BECAUSE THIS ISN'T A LIFE SAFETY ISSUE, WOULD IT ALLOW HIM TO FOLLOW THE OLDER CODE BECAUSE HE PUT IT IN MOTION PRIOR TO THAT? I JUST THINK IT'S, I'D LIKE TO KNOW IF WE HAVE THAT WE, UM MM-HMM. , LET'S, RIGHT, WHENEVER, GO AHEAD. THEY HAVE A C O D IT DOESN'T DISTINGUISH OBVIOUSLY HOW MANY STRUCTURES THEY'RE GONNA BE. UM, IF THEY PUT IN A, UH, A RESIDENTIAL PERMIT, A RESIDENTIAL BILLING PERMIT, UM, OR EVEN ADDRESSING THAT THAT HAS A SITE PLAN SHOWING THE DIFFERENT STRUCTURES. THAT'S THE KIND OF STUFF THAT WE CAN, YOU KNOW, HAVE THAT KIND OF HOLDS THEM TO. I, I, SO, SO, OKAY. REAL QUICKLY, PLEASE. I WAS JUST CURIOUS BECAUSE IT JUST SOUNDED LIKE YOU PUT IT IN MOTION. WE JUST, JUST, WE DO HAVE, WE DO HAVE AN ADDRESS, AN APPROVED ADDRESS PLAN. YOU HAVE TO HAVE YOUR C O D BEFORE YOU CAN SUBMIT TO OBTAIN THE ADDRESSES. AND WE DID THAT AND WE RECEIVED THAT. YOU SUBMITTED AN ADDRESS PLAN SHOWING FOUR SEPARATE UNITS, SIR? YES, SIR. IT'S, IT'S ON THE, IT'S ON THE SCREEN RIGHT NOW AND I'M HOLDING IT IN MY HAND AS WELL. OKAY, WELL THAT MIGHT QUALIFY. I MEAN, AGAIN, I'M NOT A LAWYER, BUT I DON'T KNOW, I'M JUST, I JUST THINK THAT WITH THIS CODE JUST CHANGING AND, AND PEOPLE WE'RE HEARING FROM APPLICANTS WHO ARE APPARENTLY PUTTING THINGS IN MOTION PRIOR TO THE CODE CHANGING. I JUST, JUST CURIOUS DONALD. WE'LL, WE'LL CERTAINLY LOOK AT THAT AND WE'LL RESEARCH THAT WITH, UH, OUR ATTORNEYS. BUT BASED ON US DOING THE REVIEWS FOR VESTED RIGHTS AND, AND THOSE TYPES OF THINGS, THERE'S VERY SPECIFIC CRITERIA. SO IF THERE'S ANY WAY FOR US, UH, TO AVOID THE BOARD OF ADJUSTMENT PROCESS, WE DO TRY TO DO THAT, BUT WE WILL CERTAINLY MAKE SURE TO REFERENCE THAT WITH, UM, WITH THE CITY ATTORNEY'S OFFICE. YEAH. 'CAUSE I, I'M JUST SURE WE'RE GONNA SEE MORE OF THESE. THAT'S ALL. THANK YOU MR. DORIAN. OKAY. THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT? DO WE HAVE ANY PUBLIC COMMENTS TO READ IN ANY VOICEMAIL? PUBLIC COMMENTS? PUBLIC COMMENTS? THERE'S NO PUBLIC COMMENT. ALRIGHT. ALSO, SIR, UM, IF, UH, CASSANDRA RAMIREZ WITH THE TEXAS STATE AFFORDABLE HOUSING CORPORATION IS HERE. OKAY. AND IF SHE'D LIKE TO MAKE ANY COMMENTS THAT, REGARDING WHAT THEIR PURPOSE IS AND, AND WHAT THEY DO, I THINK THAT WOULD BE IMPORTANT FOR YOU TO KNOW. YEAH, I THINK THAT WOULD BE, THAT WOULD BE HELPFUL IF YOU COULD PLEASE, UM, BE RESPECTFUL OF TIME HERE AND JUST, HI Y'ALL. HELLO, MY NAME IS CASSANDRA DAMIR AND I'M WITH THE TEXAS STATE AFFORDABLE HOUSING CORPORATION. IT'S A 5 0 1 C THREE NONPROFIT THAT'S BEEN AROUND 30 YEARS. AND WE WORK STATEWIDE TO PROMOTE AND DEVELOP AFFORDABLE HOUSING AND CONNECT, UH, LOW TOMO INCOME BUYERS WITH DOWN PAYMENT ASSISTANCE. AND WE HAVE BEEN WORKING IN SAN ANTONIO WITH MR. LEONARD ON TWO PREVIOUS PROJECTS, AND WE'RE EXCITED TO WORK ON THIS ONE TO CONTINUE AFFORDABLE HOME OWNERSHIP. THANK YOU SO MUCH. ANY QUESTIONS? YES, MR. SPIELMAN, WHAT IS 80% OF THE, UH, IT'S 80% OF THE AREA MEDIAN INCOME FOR BEAR COUNTY, HOW MUCH WOULD THAT BE? UM, SO TYPICALLY WHAT THE CITY DOES WHEN WE'RE LOOKING AT PROJECTS LIKE THIS AND WHEN THE CITY IS KIND OF QUANTIFYING THIS FOR, UH, WHEN THEY SUBMIT FOR RFPS AND THINGS LIKE THAT, THE, UH, THEY GENERALLY, THEY, THE AREA MEDIA INCOME IS A TABLE THAT'S PUBLISHED BY HUD AND IT'S IT ACROSS THE TOP. IT SHOWS LIKE FAMILY SIZE, ONE PERSON, TWO PERSON, SO ON. AND THEN, AND THEN AT A HUNDRED PERCENT OF THE AREA MEDIA INCOME, WE USUALLY WORK OFF OF A FAMILY OF FOUR FIGURING IT'D BE HUSBAND, WIFE TWO CHILDREN LIVING IN THE HOME THAT THAT AREA MEDIA INCOME TODAY IN SAN ANTONIO IS ABOUT $80,000 A YEAR, MORE OR LESS. HOW MUCH? $80,000. 80,000? YES SIR. SO, SO, SO 120% OF THAT, WHICH IS THE CITY REQUIREMENT THAT YOU HAVE TO MAKE LESS THAN IS ABOUT $96,000 A YEAR. THEIR REQUIREMENT IS 80% FAR BELOW THE AREA MEDIA INCOME. AND WHAT, AND [04:20:01] WHAT THE CITY OF SAN, WHEN THE CITY OF SAN ANTONIO WAS TRYING TO GET THESE LIKE APARTMENTS WITH TAX CREDIT FINANCING AND THAT, AND THEY TELL YOU THAT THEY'RE GONNA SET ASIDE SO MANY UNITS AT 60% OF THE AREA MEDIA INCOME, THEY'RE VERY CLOSE TO THAT. SO 80% OF 80, 80,000 WOULD ABOUT 65,000 FOR A FAMILY OF, I CAN TELL YOU WHAT MY SON MAKES AND HE HAS A FAMILY OF FIVE AND THAT'S PUSHING IT. SO, YOU KNOW, TO BE ABLE TO SUPPORT A FAMILY LIKE THAT AND MAKE A HOUSE PAYMENT AND SO ON. SO, SO ONE OF THE REASONS WHY WE'VE, WE'VE PURPOSELY DONE THE WORK THAT WE'VE DONE ON OUR PLANS AND EVERYTHING ELSE IS TO KEEP, KEEP THE SQUARE FOOTAGE AND THE PRICING IN A POINT WHERE IT'S GONNA APPEAL TO SOMEBODY CAN AFFORD IT AT THE 80% A THANK YOU. THANK YOU, MR. LEONARD. OKAY. ANY OTHER QUESTIONS FOR NO, JUST TO ADD. THANK YOU. IT WAS SIMILAR QUESTION I WAS GONNA ASK. WE'LL, WE'LL GO DEEPER. OKAY. THANK YOU SO MUCH. UM, I GUESS ANY NO PUBLIC COMMENT THAT CLOSES A PUBLIC PORTION, WOULD YOU? UH, I'LL, I'LL MAKE A MOTION. OKAY. A MOTION PLEASE. I'LL MAKE A MOTION IF I CAN, UH, CLARIFY SOMETHING. UM, I'M SORRY. I GAVE THE EXAMPLE OF THE ADDRESSING. THE ADDRESSING IS SOMETHING WE'RE STILL TRYING TO VERIFY, UM, BY LOOKING AT THE CODE. I KNOW THE BILLING PERMIT IS WHAT WE'RE ACCEPTING FOR THE SEPARATE STRUCTURES. UM, SO SORRY, I GAVE THAT EXAMPLE. SO WE, CAN WE GO AHEAD AND MAKE A MOTION? YEAH. YES. OKAY. OKAY. REGARDING CASE NUMBER BO O A DASH 23 DASH 1 0 3 0 0 0 4 4, I MOVE TO THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A A 2,750 SQUARE FOOT VARIANCE FROM THE MINIMUM 6,000. WE ARE IN FOUR THREE, WE'RE IN FOUR THREE, WELL, NO, WE'RE 38 0 4 3, I'M SORRY. GUARDING CASE NUMBER BO O A DASH 23 DASH 1 0 3 0 0 0 0 4 3. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A VARIANCE TO ALLOW FOUR SEPARATE STRUCTURES ON AN RM FOUR THAT IS LESS THAN ONE THIRD OF AN ACRE SITUATED AT 6 31 CAROLINA STREET, APPLICANT BEING GREENSBORO HOMES. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT 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 PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST IS DEFINED BY DENSITY REQUIREMENTS TO PREVENT OVERCROWDING ON SMALLER LOTS. STAFF FINDS THIS REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST AS THE APPLICANT IS ABIDING BY ALL OTHER SETBACK REQUIREMENTS, WHICH WILL NOT INFRINGE UPON SURROUNDING PROPERTY OWNERS. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE SPECIAL CONDITION ON THIS PROPERTY IS THAT THE LOT IS LESS THAN ONE THIRD OF AN ACRE, WHICH PREVIOUSLY DID NOT REQUIRE DEVELOPMENT TO BE WITHIN A SINGLE STRUCTURE. A LITERAL ENFORCEMENT OF THE ORDINANCE RESULT IN THE APPLICANT ALTERED THEIR PLANS TO ABIDE BY THE RECENTLY CHANGED U D C REQUIREMENT. THE APPLICANT HAD RECENTLY GONE THROUGH AN APPROVED ZONING REZONING LAST YEAR, BUT WITH A RECENT CHANGE CAUSE THEM TO HALT CONSTRUCTION FOR THIS VARIANCE. 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. STAFF FINDS THE SPIRIT WILL BE OBSERVED AS THE APPLICANT IS ABIDING BY ALL OTHER BUILDING REQUIREMENTS AND IS NOT BEGUN CONSTRUCTION. ADDITIONALLY, THIS WILL ALLOW FOR INFILL DEVELOPMENT OF A VACANT LOT. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO OTHER USE OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE RMM FOUR ZONED LOT WILL BE ALLOWED TO CONTAIN FOUR SEPARATE STRUCTURES AND LOT THAT IS THE LESS THAN ONE THIRD OF AN ACRE. THE GRANTING OF VARIANCE WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES AS THIS TYPE OF DEVELOPMENT IS NOT OUT OF CHARACTER WITH THE SURROUNDING ZONING DISTRICTS, THE LOTS OF BUDDING THE ZONING, THE SUBJECT PROPERTY ARE ZONED RMM FOUR AND C TWO, WHICH DOES NOT SEEM TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND THEY'RE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE LOT BEING LESS THAN ONE THIRD OF AN ACRE. ADDITIONALLY, THE U THE NEW U D C REQUIREMENT WAS NOT IMPLEMENTED WHEN THE APPLICANT'S REZONING WAS APPROVED. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL. UH, SECOND MOTION. SECOND. SECOND. OKAY. UH, SECOND. YES. OKAY. UH, I, I WILL BE APPROVING THIS, UH, BEFORE THIS, UH, BECAUSE WE'VE ALREADY HEARD ANOTHER, UM, LOT THAT GOT STUCK IN THIS ZONING, UH, [04:25:01] CHANGE. AND, UM, THE APPLICANT HAS PUT SUBSTANTIAL WORK AND EFFORT IN ALREADY, AND THIS WOULD, UM, PREVENT THEM. I THINK THE SUBSTANTIAL, UH, UH, HARM IS THAT IT WOULD PREVENT THEM FROM CREATING THE, THE PROJECT THAT THEY WANTED TO DO. SO AS A RESULT, I WILL BE SUPPORTING THIS VARIANCE. UM, I'LL BE SUPPORTING THIS AS WELL. I DID GO BACK AND TAKE A LOOK AT THE ZONING CASE THAT WAS PRESENTED, UH, BACK IN JUNE LAST YEAR. AND A, A LOT OF THE DETAILS THAT WERE BROUGHT UP TODAY WERE ALSO BROUGHT UP IN THAT DIALOGUE. AND IN THAT ONE IT, YOU KNOW, UH, AS THE APPLICANT STATED THAT DENVER HEIGHTS WAS IN FAVOR. SO NOT QUITE SURE WHAT CHANGED IN THEIR OPINION, BUT CERTAINLY THERE'S BEEN LOTS OF DIALOGUE AVAILABLE SINCE THEN. SO, SO, SO, SO I'LL BE VOTING IN FAVOR OF THIS. THANK YOU MR. MAY, LET'S GO AHEAD AND TAKE A ROLL CALL. VOTE. MS. KAPLAN . I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. MENCHACA. I CONCUR. MR. ZUNIGA. I CONCUR. MR. VASQUEZ. I CONCUR. MS. BRAGMAN I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN. I CONCUR WITH THE FINDINGS OF FACT. UH, WITH YOU NINE IN FAVOR. UH, THE, THE MOTION PASSES. CONGRATULATIONS. GOOD LUCK WITH THE PROJECT. THANK YOU VERY MUCH. THANK YOU FOR YOUR TIME. THANK YOU. WE APPRECIATE THAT VERY MUCH. IS THAT, THAT'S BREAKING QUORUM. YEP. THAT BREAKS QUORUM. WE APPRECIATE IT. YEP. STAFF, WE HAVE AN ISSUE. SAY AGAIN. SO WE'RE NOT GONNA, WE'RE BREAKING QUORUM. UH, MS. KAPLAN'S NOT GONNA BE ABLE TO, UM, MAKE IT, UM, IF WE CAN. UH, WE HAVE TO CONTINUE. SO UNFORTUNATELY WE HAVE TO HAVE NINE IMP PANELED MEMBERS AND ONE MEMBER WAS NOT ABLE TO CONTINUE THE REMAINDER OF THE CASES. SO WE DON'T HAVE A QUORUM TO CONTINUE. THAT'S A HUGE, UM, WHAT, WHAT I WOULD ASK. UH, IT'S A TRULY UN AN UNFORTUNATE SITUATION FOR THE APPLICANTS. WE NEED REPRESENTATION. SO WE HAVE OPEN ALTERNATE SPACES. WE JUST DON'T HAVE PEOPLE APPLYING FOR THE BOARDS. WE'VE HAD THIS ISSUE OVER AND OVER AGAIN. YOUR CITY COUNCILMAN IS NOT, IS NOT RECOMMENDING PEOPLE FROM THE BOARDS. WE DON'T SEE ALTERNATE MEMBERS STEPPING UP AND TAKING POSITIONS TO SIT ON THE BOARD. NORMALLY EARLY ON, WE WOULD HAVE NUMBER OF ALTERNATES SITTING OUT THERE. AND IF SOMEBODY HAD TO RECUSE THEMSELF OR TO STEP OUT, WE HAD SOMEBODY TO SIT IN. THAT'S NOT THE CASE ANYMORE. WE JUST DON'T HAVE PUBLIC PARTICIPATION IN THE BOARDS. AND THIS IS THE DIRECT RESULT OF IT. AND I APOLOGIZE FOR THAT. THAT'S A SITUATION WE FIND OURSELVES. DO WE HAVE TO VOTE FOR A DATE OF CONTINUANCE? SO YES, WE NEED A DATE SPECIFIC FOR ALL OF THE CASES. SO WE NEED, UH, THIS WOULD BE ITEMS 14, 15, AND 16. DO YOU NEED READ 'EM AS ONE? YES, YOU CAN READ 'EM AS ONE. SO FOR ITEMS 14, 15, AND 16 AND ALSO THE MINUTES OF, UM, THE LAST, THE MINUTES. CAPTAIN'S STILL HERE? THE CAPTAIN LEAVE ALREADY? NO, SHE STILL, SHE'S, SHE'S HELPING US WRAP UP RIGHT NOW. OKAY. NOW. SO, OKAY, SO WHAT DATE FOR THESE THREE? IT WOULD BE APRIL THE THIRD. CAN WE I MOVE THAT BO O A CASE NUMBER 23 DASH 1 0 3 0 44 BO O A CASE 23 DASH 1 0 3 0 0 0 45. AND BO O A CASE 23 DASH OH 3 0 0 0 48 ARE CONTINUED TO APRIL 3RD. CAN WE ALSO ADD IN THAT, THAT THEY'LL BE THE FIRST CASES TO BE HEARD? I MEAN, THIS IS REALLY TRUE. WELL, YOU COULD, THE CHAIR, YOU CAN MOVE THEM UP. YEAH, I'LL MOVE THEM UP. THAT'S SECOND. LET'S GO AHEAD AND TAKE A ROLL CALL OR, UH, JUST A VOICE VOTE. CAN WE HEAR ONE MORE? UH, NO, I DON'T THINK SO. EXCEPT TO KAPLAN. LET'S GET, LET'S TAKE A VOICE. VOTE ON THAT. ALL IN FAVOR SAY AYE. AYE. AYE. UH, MOTION PASSES. [ Approval of Minutes  ] UH, NOW I MOVE TO APPROVE THE MINUTES. SECOND. SECOND. LET'S TAKE A, JUST A ROLL OF THE VOICE. VOTE ON THAT. ALL IN FAVOR SAY AYE. AYE. AYE. AYE. MINUTES PASSED. THANK YOU. AND JUST [ Director’s Report  ] VERY QUICKLY BEFORE YOU ALL, UM, DON'T FORGET THERE'S FOOD. AND ALSO WE DO HAVE, UM, ONE APPOINTEE MOVING FORWARD FOR APRIL THE SIXTH. SO THAT'S GOOD NEWS. UH, FROM DISTRICT 10, YOU WILL BE, UH, GAINING A BOARD MEMBER AND ALSO POTENTIALLY A BOARD MEMBER FROM DISTRICT FOUR IS MOVING FORWARD. AND THEN ALL OF THE OTHERS ARE GOING TO GOVERNANCE IN APRIL. SO THE ALTERNATES YOU ARE HAVING YES, THE AT LARGE ALTERNATES. SO WE ARE SEEING SOME PROGRESS. [04:30:01] SO, UH, SO THEY FOUND PEOPLE TO FILL THE SLOTS. GOOD. SO PLEASE GET WITH STAFF AND THEY'LL, MR. CHAIRMAN, THE QUESTION. 5 43, THE BOARD OF ADJUSTMENT ADJOURNS. * 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.