* 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. [00:00:05] [ Briefing and Possible Action on the following items  ] STAFF, IF Y'ALL COULD LET ME KNOW WHEN, UH, WE'RE RECORDING. WE WILL MOVE FORWARD AND START THE MEETING. ALL RIGHT. IT'S 1 0 1. I'M CALLING THE MEETING OF THE SAN ANTONIO BOARD OF ADJUSTMENTS TO ORDER. UH, LET'S CALL ROLL PLEASE. MR. SPILLMAN. MR. SPILLMAN? HERE. MR. MENCHACA? HERE. MR. ZUNIGA? HERE. MR. MANNA. MR. MANNA. MANNA. YES. PRESENT. MS. KAPLAN? HERE. MR. VASQUEZ? PRESENT. MS. BRAGMAN? HERE. MR. OZUNA? PRESENT CHAIR ORIAN. AND I'M ALSO PRESENT. UH, WE HAVE A QUORUM OF NINE. THE QUORUM IS PRESENT. ALL RIGHT. THANK YOU. IF EVERYONE COULD PLEASE STAND AND JOIN ME IN THE PLEDGE OF ALLEGIANCE. ALL RIGHT. SO BEFORE WE PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION. THIS COURT FOLLOWS AN AGENDA, UM, WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY A NUMBER WITH THE NAME OF THE APPLICANT STREET ADDRESS. FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT. LASTLY, AS CHAIR WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS, I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS A CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME. 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 WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATOR AND THE SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION, A DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REG REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE AS AN ADVISORY IN AN APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES AND REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 5. IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY THE CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD. ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER. AFTER EVERYONE HAS HEARD THE CASE, IT'LL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION. IN ORDER FOR A MOTION TO CARRY. IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES. THE BURDEN OF PROOF IN GRANTING THE RELIEF SOUGHT RESTS WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIALS. SPECIAL EXCEPTIONS OF VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW BASED ON THE COURT. THE RECORD OF THESE PROCEEDINGS APPEALS FROM THE BOARD'S DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. SO PLEASE LIMIT YOUR PRESENTATION REMARKS TO THE PERTINENT FACT OF YOUR CASE. UH, I ALSO WANTED TO ADD THAT TODAY WE HAVE NINE MEMBERS AND WE NEED NINE VOTES TO PASS CASES. AND SO IF YOU'RE HERE AND YOU FEEL LIKE THERE'S HEAVY OPPOSITION EITHER BY STAFF OR BY UH, SOMEONE IN THE COMMUNITY, YOU HAVE THE ABILITY TO JUST ASK FOR A CONTINUANCE UNTIL WE HAVE MORE MEMBERS. OR IF YOU FEEL LIKE YOU NEED MORE TIME TO GET, UH, ADDITIONAL SUPPORT, UH, STAFF, GOOD AFTERNOON. UH, STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION REQUEST. PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OR SPECIAL EXEMPTION AND PROPERTY WITHIN 200 FEET OF THE SUBJECT PROPERTY. CHECK MARK, CHECK [00:05:01] MARKS INDICATE THOSE PROPERTY OWNERS IN FAVOR OF THE REQUESTS AND X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION. FOLLOWING THIS PRESENTATION AND ANY OTHER QUESTIONS ABOUT THE BOARD, THE APPLICANT WILL WILL PRESENT THEIR REQUEST. FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE OR SPECIAL EXEMPTION, YOU'LL BE CALLED IN ORDER THAT YOU SIGN UP TO SPEAK. THOSE IN SUPPORT IN OPPOSITION WILL BE ALLOWED OF MAXIMUM THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION. FOR THOSE I'D LIKE TO GIVE UP THEIR TIME TO A SPEAKER. THE SPEAKER WILL BE ALLOWED MAXIMUM OF TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU, CHAIR. ALRIGHT, THANK YOU VERY MUCH. UH, WE'RE GONNA BE SHUFFLING SOME ITEMS IN THE AGENDA AROUND, UH, STAFF IF WE CAN GET THE SIGNED CONTINUANCES OUT OF THE WAY QUICKLY. DO WE DO THE SPANISH? UH OH. YES. UH, SPANISH INTERPRETER COME OUT AND, UH, GIVE THEIR PRESENTATION PLEASE. GOOD AFTERNOON. THANK YOU. ALRIGHT. UM, SO CHAIR, UH, WE ARE DOING ITEMS EIGHT AND NINE, UM, UP FRONT AND WE CAN PULL THOSE. THE, UH, APPLICATION THEY ARE FOR, UH, GENERALLY LOCATED AT A BLOCK OF 26,000 BLOCK OF VERDE ROAD AND THE 10,000 BLOCK OF SALAZAR ZAMORA. BOTH OF THEM ARE ASSIGNED VARIANCES. THEY'RE REQUESTING A CONTINUANCE TO THE APRIL 17TH BOARD OF ADJUSTMENT CASE. AND WE DO HAVE ONE VOICEMAIL THAT WE NEED TO PLAY, WHICH APPLIES TO BOTH OF THESE, UH, APPLICATIONS. ALRIGHT, LET'S HEAR IT. THIS IS COLLEEN WACK 1603 TARTAN LANE, SAN ANTONIO, TEXAS SEVEN EIGHT TWO THREE ONE. PHONE NUMBER (210) 259-7067. I'M IN COLLEEN IN REGARD TO ITEMS NUMBER EIGHT AND NINE, AND I WOULD LIKE TO COMMENT ON THESE AS A PAIR AS THEY HAVE SEVERAL CHARACTERISTICS IN COMMON. BOTH ARE, UM, RELATED TO SIGNAGE AND I'M REQUESTING SUPPORT OF STAFF'S REQUEST FOR DENIAL, UM, OF THESE MODIFICATIONS FOR ADDITIONAL HEIGHTS AND OTHER CHANGES TO SIGNAGE DUE TO PROXIMITY TO AN OVERPASS. BOTH OF THESE REQUESTS ARE FOR, FOR NEW BUSINESSES IN RAPIDLY DEVELOPING AREAS WITH NUMEROUS UNDEVELOPED COMMERCIAL PARTIALS NEARBY. BOTH CLAIM THAT WITHOUT THE REQUESTED VARIANCES, THE PROPERTY WILL NOT BE COMMERCIALLY VIABLE. BOTH REQUESTS ARE BY MCDONALD'S, A BUSINESS WITH A CLEVER, EASILY RECOGNIZABLE LOGO SPOTTED BY ANY THREE YEAR OLD, WHETHER LOCATED 85 FOOT IN THE SKY OR ON A 10 FOOT MONUMENT STYLE SIGN. HAVING RECENTLY SERVED ON THE SIGN CODE UP COMMITTEE UPTAKE COMMITTEE, I'M AWARE THAT OUR CURRENT REGULATIONS ALLOW FOR INCREASED HEIGHT NEAR OVERPASSES. APPLICANT IS ASKING FOR EVEN MORE HEIGHT THAN IS ALLOWED. GRANTING THIS REQUEST FOR INCREASED HEIGHT WILL LIKELY RESULT IN, IN A COMPETITIVE ADVANTAGE, UH, LEADING OTHER BUSINESSES TO REQUEST SIMILAR TREATMENT. AS THE AREA DEVELOPS, THIS VARIANCE IS NOT NEEDED TO ALLOW A BUSINESS TO SURVIVE IN THIS AREA. PLEASE DENY THESE REQUEST TO DO AS THEY WERE ONLY SERVED TO ERODE OUR SIGN CODE. THANK YOU. THOSE ARE ALL THE PUBLIC COMMENTS. ALL RIGHT. I'M LOOKING FOR A COMMISSIONER TO MAKE A MOTION TO APRIL 17TH FOR ITEMS ENDING IN 49 AND 50. I SO MOVE KAPLAN. OKAY. UH, A MOTION BY KAPLAN SECOND BY BRAGMAN. UM, HAVE A ROLL CALL. VOTE PLEASE. MS. KAPLAN? UH, I APPROVE MS. BRAGMAN. I APPROVE MR. SPIELMAN. I APPROVE MR. MIN CHACO. I APPROVE MR. ZUNIGA. I APPROVE MR. MANNA. I, BUT I WILL SAY THAT I AM HAVING TROUBLE LISTENING TO THE AUDIO HERE. MR. VASQUEZ. I APPROVE CHAIR ORIAN. I ALSO APPROVE, UH, THESE TWO CASES ARE CONTINUED TO APRIL 17TH. UH, MR. UNA? YES, I APPROVE. SORRY, APOLOGIZE. . SO, UH, WE HAD THREE CASES THAT WERE COULDN'T BE HEARD AT THE LAST MEETING DUE TO A, UH, A DROP IN QUORUM. THOSE ARE GONNA BE MOVED UP. SO STAFF, IF WE COULD PLEASE, UH, START WITH THE FIRST ONE. OKAY. SO THAT'S, UH, CASE 40 ON BINS ROAD. UM, UH, [00:10:01] THAT IS NO. UM, THE FIRST ONE WAS STEVENS. IT WAS, WELL, IT WAS, IT WAS ITEMS ENDING IN 44, 45 AND 48. WHAT NUMBER? YEAH, ALL, UH, 40, 44, 45 AND 48 WERE CONTINUED FROM LAST CASE. UM, ARE YOU SAYING THE ONES THAT WERE JUST A WORD JUST AUTOMATICALLY BECAUSE OF QUORUM? YES. I'M SORRY. UH, YEAH, THAT'S THE 44. SO ITEM NUMBER, UM, FIVE. ITEM NUMBER FIVE. YES. SO THIS IS PHILLIP MANNA. UM, I CANNOT HEAR ANY COMMUNICATION GOING ON FROM THE DAY AS, SO, OKAY. UM, STAFF, DO YOU HAVE COMMISSIONER MANNING'S, UH, PHONE NUMBER WHEN THIS, WHEN THIS HAPPENED? UH, TO ME. I, I, YOU COULD TURN THIS ON LIVE. THERE'S A SLIGHT DELAY, BUT AT LEAST HE'LL GET TO HEAR THE CASE. IF WE CAN SEE HIM. UH, IF THAT WOULD BE ACCEPTABLE FOR HIM TO CAST A VOTE. WHAT IS, IS THAT OKAY WITH LEGAL? OKAY. ARE YOU ABLE TO, UH, CALL IN COMMISSIONER, UM, UM, THE DESK AND YOU VERY WELL. I JUST CANNOT HEAR THE DAYS, SO, OKAY. CAN YOU TRY TO DO A TEST AUDIO WITH HIM? UH, COMMISSIONER? SURE. UM, COMMISSIONER MANNA? CAN YOU HEAR ME? CAN YOU HEAR ME? I CAN NOW, BUT I COULDN'T HEAR ANYBODY ELSE SPEAKING, UH, WHEN YOU WENT THROUGH THE ROLL CALL AND, OR WHEN YOU JUST DID THE VOTE. OKAY. HAVE LET, HAVE SOMEONE ELSE, UH, SAY SOMETHING. TE TESS, CAN YOU HEAR? THIS IS COMMISSIONER OZUNA. CAN YOU HEAR? CAN YOU HEAR ME? BARELY. OKAY. UH, CAN YOU, COMMISSIONER MANA, CAN YOU CALL IN AND LEAVE YOUR PHONE ON SPEAKER? POSSIBLY. I'M TRYING TO THINK OF A WAY WE COULD GET YOU TO COMMUNICATE WITH US. WE, WE DEFINITELY NEED YOUR PRESENCE HERE. . OKAY. CAN YOU TEST, TEST? CAN YOU HEAR? CAN YOU HEAR US? TEST, TEST. 1, 2, 3. CAN YOU HEAR US? COMMISSIONER, CAN YOU GIMME A COUNT AGAIN PLEASE? YES. COMMISSIONER. COMMISSIONER MANNA? CAN YOU HEAR US? ARE YOU SPEAKING? YES. TEST, TEST, TEST, TEST, MR. MANNA. OKAY, LET'S TRY THIS. I HAVE YOU ALL ON MY PHONE, SO WE'LL SEE HOW THAT GOES. OKAY, TESS, CAN YOU HEAR US? MR. MANNA? CAN YOU HEAR US? COMMISSIONER? ALL RIGHT. HE DID A THUMBS UP. OKAY, ITEM FIVE, ITEM NUMBER FIVE, BO A DASH TWO THREE DASH 0 3 0 0 0 4 4. ADDRESS IS 3 1 5 TILDEN STREET IN CITY COUNCIL. DISTRICT NUMBER TWO, APPLICANT BEING PHOENIX VINTAGE OPPORTUNITY FUND A REQUEST FOR A 2,750 SQUARE FOOT VARIANCE FROM THE MINIMUM 6,000 SQUARE FEET. LOT SIZE REQUIREMENT TO ALLOW A LOT TO BE 3,250 SQUARE FEET. AND TWO, A FIVE FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE 15 FEET FROM THE REAR PROPERTY LINE. AND THE CURRENT ZONING IS R SIX. THE SUBJECT PROPERTY'S LOCATED IN GOVERNMENT HILL ALONG TOTEN STREET. THE APPLICANT IS SEEKING A BUILDING PERMIT TO CONSTRUCT A SINGLE FAMILY HOME [00:15:01] ON A LOT THAT IS LESS THAN THE CURRENT ZONING DISTRICT MINIMUM LOT SIZE. IT ALLOWS CURRENTLY THE SUBJECT PROPERTY IS ZONED R SIX, WHICH PERMITS LOT SIZES TO BE MINIMUM 6,000 SQUARE FEET. AND CURRENTLY THE LOT IS 3,250. THE SUBJECT PROPERTY UNDERWENT A LARGE AREA OF REZONING IN 2008, WHICH LED TO THE PROPERTY NOT MEETING THE MINIMUM LOT SIZE FOR THE CURRENT BASE ZONING DISTRICT. UM, ADDITIONALLY, THE APPLICANT IS REQUESTING A REAR SETBACK VARIANCE OF FIVE FEET. THE PROPOSED STRUCTURE IS ANTICIPATED TO BE 15 FEET FROM THE REAR PROPERTY LINE AND THE REQUIRED MINIMUM DISTANCE IS 20 FEET. AND THIS IS THE SITE PLAN, THE SUBJECT PROPERTY, AND THEN THE SURROUNDING AREAS. STAFF RECOMMENDATION FOR THE MINIMUM LOT SIZE STAFF RECOMMENDS DENIAL BASED ON THE FOLLOWING. ONE, THE APPLICANT COULD REZONE TWO R THREE TO ACCOMMODATE FOR THE MINIMUM LOT SIZE REQUIREMENT AND TWO FOR THE REAR SETBACK. VARIANCE STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING. ONE, THE STRUCTURE'S GOING TO BE ABIDING BY THE FRONT AND SIDE SETBACK, AND TWO, THE VARIANCES WILL ALLOW FOR THE APPLICANT TO CONSTRUCT THE SIZABLE SINGLE FAMILY HOME ON A FORMERLY VACANT LOT. THE NOTIFICATION PLAN STAFF MAILED 29 NOTICES. SEVEN RETURNED IN FAVOR, PLUS ONE OUTSIDE THE 200 FEET AND THREE IN OPPOSITION AND GOVERNMENT. HAIL ALLIANCE NEIGHBORHOOD ASSOCIATION IS IN SUPPORT OF THEIR REQUEST. AND THEN THIS IS THE EMAIL FROM THE PRESIDENT OF THE NEIGHBORHOOD ASSOCIATION EXPRESSING THEIR SUPPORT. THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT BEFORE YOU GO. UM, SO ON THESE, ON THESE, UH, MASS ZONING CASES THERE INITIATED BY THE CITY MM-HMM. ? YES, SIR. AND DOES THE CITY LOOK AT, UH, IS IT TYPICAL FOR THE CITY? I DON'T KNOW IF YOU KNOW THIS OR NOT, FOR THEM TO LOOK AT THE, THE, UH, LOT SIZE CONFIGURATIONS TO SEE IF THE ZONING THEY'RE TRYING TO CHANGE IT TO IS ADEQUATE. IT'S, UH, SO SOMETIMES THEY DO ZONE IT TO A CERTAIN AMOUNT. UM, LIKE THE ONES RECENTLY, I KNOW THAT WE'RE, WE ARE, UH, RECOMMENDING FOR R FOUR, I THINK R THREE ON SOME OF 'EM, IT WAS NOT DONE IN HERE. UH, JUST BASED ON, I CAN'T, I DON'T KNOW FOR SURE, BUT THEY'RE PUTTING THEM IN A SITUATION WHERE THEY HAVE TO EITHER REZONE OR ASK FOR A BOARD OF ADJUSTMENT TO MAKE IT PUBLICLY KNOWN THAT THERE'S GONNA BE AN ESTABL SOMETHING IN, UH, DEVELOPED HERE. OKAY. I JUST, I JUST DIDN'T KNOW IF THIS WAS, UM, IF, IF THE APPLICANT WAS, WELL, WE'LL ASK THE APPLICANT WHEN THEY COME UP. I'VE GOT A QUESTION FOR STATE. YES. COMMISSIONER BRAGMAN. SO WHAT WOULD BE THE EXPENSE FOR THE APPLICANT TO REZONE AS OPPOSED TO GETTING AN APPROVAL FROM US? SO THE ONLY DIFFERENCE IS THEY HAVE TO, UM, START THEIR PROJECT WITHIN 12 MONTHS. IF THEY GET APPROVED TODAY, UH, REZONING, THEY CAN START THEIR PROCESS, YOU KNOW, TWO, THREE YEARS DOWN THE LINE. RIGHT. BUT ISN'T THERE AN EXPENSE ASSOCIATED WITH REZONING? OH, I'M SORRY. YES. IT'S ABOUT A $250 DIFFERENCE CHEAPER, UH, TO DO A BOARD OF ADJUSTMENT PLUS ANY SURVEYS AND, UH, FOR REZONING, THEY WOULDN'T HAVE TO DO ANY, UM, DURING THE DEVELOPMENT PROCESS, YES. THAT'S, THAT'S A DIFFERENT THING. BUT FOR ZONING OR BOARD OF ADJUSTMENT, IT'S JUST THE APPLICATION FEE. GREAT. LET HAVE THE APPLICANT COME FORWARD. IS THIS, I JUST CLICK THE SLIDES WITH THIS OR, UM, ACTUALLY THE KEYBOARD'S ON THERE. I'LL GO AHEAD AND I'LL JUST ASK YOU TO SLIDE IT IF THAT'S OKAY. ALRIGHT. UH, YEAH, MY NAME IS BRAD WAR. I'M THE OWNER, UM, OF THIS LOT. UH, I'M NOT A DEVELOPER. I'M RETIRED FROM THE ARMY. AND A, UH, CURRENTLY WORK FULL-TIME AS A PHYSICIAN ASSISTANT HERE IN, UH, SAN ANTONIO. I DO SOME REAL ESTATE, UH, INVESTING DEVELOPMENT PROJECTS, UH, ON THE SIDE OUTSIDE OF MY REGULAR WORK. I BOUGHT THIS LOT RECENTLY. UH, 'CAUSE WHEN YOU LOOK AT IT, YOU THINK THAT IT'S PROBABLY, I I DID LOOK AT THE ZONING PRIOR TO, BUT THE COMMON SENSE WOULD TELL ME THAT IT WAS, THERE WAS A HOUSE THERE AT SOME POINT. UM, NEXT SLIDE PLEASE. SO WE HAVE, WE WOULD LIKE TO, AND THIS IS WHERE IT IS JUST IN REFERENCE, UH, WE'VE ALREADY STARTED CLEANING UP, BUT YOU CAN SEE THE STAIRCASE THERE, YOU KNOW, AND AFTER TALKING WITH SOME OF THE RESIDENTS IN THE AREA, YES, THERE WAS IN FACT A HOUSE THERE. UM, AND WE DON'T THINK WE'RE ASKING FOR TOO MUCH. WE WANT TO BUILD SOMETHING THAT'S COMPLIMENTARY TO THE NEIGHBORHOOD. YOU KNOW, JUST A PITCHED ROOF, TWO STORY HOUSE, YOU KNOW, THAT KIND OF BLENDS IN WITH EVERYTHING ELSE. UH, NEXT SLIDE. UH, THE ORIGINAL SUBDIVISION OF THIS FROM THE, THE ORIGINAL LOT WAS 1942. SO THAT'S WHY WE COULDN'T DO THE CERTIFICATE OF DETERMINATION ROUTE TO GET THE, UH, APPROVAL TO BUILD ON THIS AS IS, UH, THE HOUSE, UM, WAS, UH, THE YEAR THAT IT WAS CONSTRUCTED THAT WAS THERE, THAT'S NOT THERE NOW. WE'RE NOT REALLY SURE. BUT IN TALKING TO ONE OF THE GENTLEMEN THAT LIVES IN HAS LIVED IN THE NEIGHBORHOOD FOR ABOUT 50 YEARS. HE, HE THOUGHT THAT IT WAS REMOVED OR DESTROYED IN BETWEEN 69 [00:20:01] AND 70. HE SAID, WHEN WE WENT TO THE VIETNAM WAR, IT WAS THERE. WHEN HE CAME BACK, IT WAS GONE. UH, SO THAT'S ABOUT HOW LONG IT'S BEEN A VACANT LOT. UH, AS HE, JOSEPH STATED, THERE WAS THE LARGE REZONING, BUT IN 42 AT THAT TIME, IT WAS FROM LOOKING AT THE HISTORY, IT WAS, UH, CONSIDERED, UH, A APART DISTRICT C OR APARTMENT DISTRICTS. AND THEN IT WAS CONVERTED TO MF 33 AND THEN WIDE SWEEPING, UH, UH, IN 2008 TO, TO R SIX. UH, NEXT SLIDE PLEASE. THIS, THIS IS JUST AN EXAMPLE OF WHAT WE WOULD, YOU KNOW, PROPOSE A BUILDING THAT WOULD FIT WITHIN THOSE, UH, THAT SITE PLAN THAT WE KIND OF THREW UP PUT UP THERE. UH, SO, SO NOTHING TOO, UM, DRAMATIC OR UNUSUAL FOR THE AREA. UH, NEXT SLIDE. SO I PUT THIS ONE TOGETHER. SO IF YOU LOOK AT THE, THE, WHERE THE ADDRESS IS, THE TITLE PAGE, THAT'S FORT SAM HOUSTON, AND THEN THERE TO THE SOUTH OF MY SLIDE WOULD BE I 35. SO ON TILDEN STREET, JUST THAT SWATH AND, AND THEN A COUPLE TO THE LEFT AND THE RIGHT, THERE'S ALREADY OF THE 62% OF THOSE LOTS THAT HAVE HOMES ON 'EM ARE NOT 6,000 SQUARE FEET. SO I WOULD SUGGEST THAT MAYBE, YOU KNOW, IT WAS A WIDE SWEEPING REZONING THAT WENT THROUGH. I WOULD SUGGEST THAT MAYBE WASN'T REALLY APPROPRIATE FOR THIS LITTLE SECTION OF TOWN. UM, AS THE, YOU KNOW, A LOT OF THOSE LOTS ARE 3000. THAT ONE IS EVEN UNDER 3000 SQUARE FEET. SO BASED ON THAT, IT JUST SEEMED LIKE COMMON SENSE OR THE RIGHT THING TO DO WOULD BE, UH, APPLY FOR THE VARIANCE THAT 'CAUSE THAT'S, UH, AND, AND PUT A HOUSE THERE WHERE THERE ONCE WASN'T ONE OR HASN'T BEEN ONE FOR A FEW YEARS. NEXT SLIDE. AND THAT'S WHAT WE'D, I'M NOT VERY GOOD AT THE C G I THERE, BUT YOU GET THE POINT. . ALL RIGHT. UH, SO I HAVE A QUICK QUESTION FOR STAFF. UH, SO WE, HER TESTIMONY THAT A LOT WAS CONFIGURED PRIOR, WELL, PRIOR TO 2005, IS THE ONLY THING KEEPING THIS APPLICANT FROM A C O D IS, IS OUR DECISION OR A REZONE BECAUSE IT DOESN'T MEET THE, THE LOT SIZE FOR R SIX. YEAH. UM, I'M SORRY, CAN YOU, CAN YOU ASK THAT QUESTION ONE MORE TIME? UH, IS THE ONLY THING KEEPING THIS APPLICANT FROM GETTING A C O D, UH, BECAUSE IT WAS CONFIGURED BEFORE OH FIVE, THERE'S UTILITIES, OBVIOUSLY IT'S BECAUSE IT DOESN'T MEET THE 6,000 SQUARE FEET, CORRECT? YEAH, IT IS THE DIFFERENT, UH, EXEMPTIONS IN THE C O D. SO YEAH, THAT'S WHAT THIS WHAT THAT'S WHAT IT LOOKED LIKE. ALL RIGHT. IS THERE ANY COMMISSIONER QUESTIONS? QUESTION, COMMISSIONER, CAPTAIN? UH, THREE, UH, NEIGHBORS ARE THREE NEIGHBORS OPPOSE IT. CAN YOU TELL US WHAT THAT'S ABOUT? I, I MEAN, I, I CAN A LITTLE BIT. UH, SO THE, THE TWO THAT ARE THE, THE GENTLEMAN WITH THE, THE LARGE LOT, THREE 18, I BELIEVE THAT IS THERE, THAT WOULD BE THE BACK. NO IDEA? NOT SURE. UH, I BELIEVE THAT THREE 30 AND THE OTHER CORNER LOT ACROSS THE STREET, UH, YOU KNOW, OUR, UH, CLOSE NEIGHBORHOOD FRIENDS, I TALKED TO THE GENTLEMAN, UH, ON THE, WHAT, I CAN'T, WHAT'S THE ADDRESS? IS THAT ONE THAT BIG RIGHT THERE? WHERE HE, HE WAS AT ANYWAYS, INTRODUCED OURSELVES TO KIND OF TOLD HIM WHAT THE PLAN WAS, WAS MET WITH A STRING OF EXPLETIVES ABOUT THE PEARL AND PROPERTY TAXES, AND WHY SHOULD, SHOULD WE BE ALLOWED TO BUILD ON THAT LOT WHEN NOBODY ELSE HAS FOR YEARS? HE SAID, YOU KNOW, LOTS OF PEOPLE HAVE TRIED AND WHY WOULD THEY ALLOW YOU TO DO IT? SO I ACTUALLY ASKED JOSEPH IF HE COULD LOOK IT UP AND SEE HOW MANY TIMES THIS, THIS HAS BEEN ATTEMPTED AND, AND ZERO NOBODY'S EVER BROUGHT IT TO THE ACTUAL BOARD AS FAR AS THE, THE RECORDS GO. OKAY. AND SECOND QUESTION, IF YOU DON'T MIND. UM, WHY, WHAT WOULD BE YOUR HARDSHIP IF YOU DECIDED TO REZONE? WELL, I'M JUST GOING THROUGH, I GUESS THE WHOLE PROCESS. AND YOU MEAN IN TERMS OF LIKE WHAT WOULD, WELL, PART OF THAT IS PART OF THE REASON WE GRANT VARIANCE IS BECAUSE OF HARDSHIP IS A REASON. SO, UM, I SEE IT'S GONNA COST $250 FOR YOU TO REZONE IT. UM, WHAT IS YOUR OBJECTION TO DOING IT? I THINK REZONING IS AN ADDITIONAL, LIKE, I'D BASICALLY HAVE TO START OVER AGAIN. I DON'T THINK IT'S JUST AN ADDITIONAL $250. I THINK IT'S, WELL, IT'S A STAFF, DO THEY, WELL, THEY HAVE TO DO A PLAN AMENDMENT IF THEY REZONED R THREE. SO IF THEY DID, IT WOULD BE MORE THAN $250. AND THEN THERE'S ALSO THE ISSUE OF TIME. YOU HAVE TO GO THROUGH TWO PUBLIC HEARINGS AND WHOEVER'S AGAINST IT FOR THIS BOARD, IT WILL BE AGAINST IT FOR, YEAH. YEAH. IN TERMS OF THE, YEAH, JUST GOING THROUGH THE PROCESS AGAIN, YOU KNOW, AND WHEN WE WERE, I WENT TO TRY TO GET DO A C O D FOR IT ORIGINALLY, AND THAT'S KIND OF RIGHT WHEN WE ARRIVED, LIKE, WELL, MAYBE, YOU KNOW, TALKING TO THE PLANNER, THE VARIANCE IS THE WAY TO GO. RIGHT. UH, NO PLAN AMENDMENT WOULD BE REQUIRED. OKAY. NO WHAT, UH, NO PLAN AMENDMENT. SO IT WOULD BE APPROXIMATELY $250. UH, COMMISSIONER ZUNI, UH, IN YOUR OPINION IS THE LOT DEVELOPABLE AND IT'S CURRENT CONDITION WITHOUT ANY TYPE OF VARIANCE, UH, REQUEST HERE? [00:25:01] YOU CAN'T BUILD ANYTHING? UH, WELL, I MEAN, THE, IF THE BUILD, IF YOU FOLLOW THE R SIX, UH, UM, SETBACKS, YOU KNOW, THEN THE FOOTPRINT WOULD REALLY BE, UH, ABOUT 45 OF A, OF A STRUCTURE THAT YOU COULD PUT 45 BY 20 FEET DEEP. SO WE, WE WOULD, THE 25 AFTER GETTING THOSE EXTRA FIVE FEET IS, OPENS THE DOORS QUITE A BIT, UH, A LOT MORE EASIER TO COME UP WITH A, WE'RE TRYING TO SHOOT FOR LIKE A THREE BEDROOM, TWO BATH HOUSE, SOMETHING THAT WOULD BE SUITABLE FOR A SMALL FAMILY. WOULD, IN YOUR OPINION, KIND OF MARKET, KIND OF WORKFORCE TYPE HOUSING WOULD BE THE TYPE OF HOUSING YOU'D BUILD HERE, OR, YEAH. YEAH. YEAH. SOMETHING, UH, YOU KNOW, STARTER HOME LEVEL KIND OF THING. THANK BEN CHAKA COMMISSIONER, MAN, CHAKA, I, I JUST ONE MORE QUESTION FOR CLARIFICATION. UM, WHAT IS THE SQUARE FOOTAGE OF THE HOUSE MORE OR LESS? OH, THE, OF THE PLAN OF THE FLOOR PLAN THAT WE, YES. UH, IT WAS UNDER 1600 SQUARE FEET. IT'D BE, IT WAS A 1550 ISH. HE'S GOT IT RIGHT, RIGHT THERE. OKAY. OKAY. SO, OKAY. YES. AND, UH, ARE YOU GONNA RENT IT OR SELL IT? UH, I GUESS IT REALLY DEPENDS ON WHAT THE MARKET'S DOING, YOU KNOW, AT THE TIME, YOU KNOW, WE MAY PLAN TO IN INITIALLY PROBABLY SELL, BUT IF, UH, IF THINGS AREN'T GOING WELL, YOU KNOW, RENTS ARE UP LIKE THEY ARE NOW, WE'D DO THAT. WELL, PART OF THE HARDSHIP THEN WOULD BE, YOU KNOW, THAT YOU CAN RENT IT OR THE LIKES AND THE PEOPLE SUFFER. WE NEED TO, YEAH. THANK YOU. OKAY. SO, AND I'D ALSO LIKE TO ADD THAT IF YOU, IF THE APPLICANT DID GO TO R THREE INSTEAD OF A 20 FOOT REAR SETBACK, HE'D HAVE A 10 FOOT REAR SETBACK. HE'S ONLY ASKING FOR A FIVE FOOT DEVIATION AT 15. SO WHAT HE'S PURSUING AT THIS POINT WOULD ACTUALLY BE MORE GEN. I JUST WANTED TO HEAR , BUT FOR THE BENEFIT OF THE BOARD, IF DOING IT THIS WAY GIVES HIM A MORE GENEROUS REAR YARD, UH, THAN WOULD IF HE WERE TO GO TO R THREE. YES. SO, UM, IS THERE ANY PUBLIC COMMENTARY? ANYONE, SENATOR, TO SPEAK? YOU'RE MR. WAR, RIGHT, SIR? YES. NO PUBLIC COMMENT. ALL RIGHT. IS THERE ANYTHING ELSE, SIR, BEFORE WE, UH, NO, SIR. ALL RIGHT. I'M LOOKING FOR A MOTION ON THIS CASE. OH, COMMISSIONER MANNA, DID YOU HAVE, UH, ANY QUESTIONS? YOU LOOK LIKE HE'S, CAN HE HEAR YOU? COMMISSIONER MANA, DID YOU HAVE ANY QUESTIONS? YEAH, THE AUDIO IS JUST ABSOLUTELY ATROCIOUS. AND, UM, I'M NOW LISTENING TO YOU ON THE DELAYED TELECAST SO I CAN HEAR EVERYTHING. NO PROBLEM. SO I HAVE NO CON, NO QUESTIONS. ALRIGHT. ALRIGHT, WE'RE LOOKING FOR A MOTION BRAGMAN COMMISSIONER BRAGMAN, REGARDING CASE NUMBER BO O A DASH 23 DASH 0 3 0 4 4. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR ONE A 2,750 SQUARE FOOT VARIANCE FROM THE MINIMUM 6,000 SQUARE FOOT LOT REQUIREMENT TO ALLOW A STRUCTURE TO BE, ALLOW A LOT TO BE 32 50 SQUARE FEET AND TWO OF FIVE FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE 15 FEET FROM THE REAR PROPERTY LINE SITUATED AT 3 1 5 TILDEN, APPLICANT BEING PHOENIX VINTAGE OPPORTUNITY FUND, L L C. BECAUSE THE TESTIMONY PRESENTED TO US, I THINK WE LOST YOUR AUDIO. OKAY, BECAUSE THE TESTIMONY PRESENTED TO US, IT'S SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY MINIMAL LOT SIZES TO PRESERVE NEIGHBORHOOD CHARACTER STAFF FINDS THIS REQUEST IS NOT CONTRARY AS THE SUBJECT PROPERTIES LOT SIZE DEVIATION WILL NOT INFRINGE ON SURROUNDING PROPERTY OWNERS. THE APPLICANT IS ALSO REQUESTING A VARIANCE FROM THE MINIMUM REAR SETBACK REQUIREMENT. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY A RESTRICTED SETBACK, HANG ON, PROVIDE SUITABLE SPACING BETWEEN STRUCTURES. STAFF FINDS THAT THIS IS AN ALLOWABLE AMOUNT OF SPACING, AND SO STRUCTURE WILL PROVIDE A SUITABLE DISTANCE FROM NEIGHBORING PROPERTIES. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN APPLICANT REZONING THE PROPERTY TO R THREE TO ALLOW FOR THE DEVELOPMENT FOR THE DEVELOPMENT ON A 32 50 SQUARE FOOT LOT. THIS WOULD RESULT IN AN UNNECESSARY HARDSHIP AS THE LARGE AREA REZONING IS THE SPECIAL CONDITION THAT MADE THE SUBJECT, THAT MADE THE SUBJECT PROPERTY UNDEVELOPABLE WITHOUT OBTAINING A VARIANCE. ADDITIONALLY, ADDITIONALLY, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT ALTERING THEIR PROPOSED STRUCTURE TO ADHERE BY THE REAR SETBACK REQUIREMENT. THIS WOULD RESULT IN AN UNNECESSARY HARDSHIP AS THIS WOULD NOT ALLOW FOR A SIZABLE SINGLE FAMILY HOME. THREE, BY GRANTING [00:30:01] 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. IF PROVIDED, THE LOT WILL NOT MEET THE MINIMUM LOT SIZE IN THE ASSIGNED ZONING DISTRICT. STAFF FINDS THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS THE CURRENT ZONING ALLOWS FOR THE PLAN DEVELOPMENT. ADDITIONALLY, THE PROPOSED ROOF SETBACK WILL ADHERE TO THE SPIRIT OF THE ORDINANCE, AND SUBSTANTIAL JUSTICE WILL BE DONE BY ALLOWING FOR SUITABLE DISTANCES BETWEEN STRUCTURES AND NEIGHBORING PROPERTIES. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE LOT SIZE GRANTED WILL BE 32 50 SQUARE FEET WITHIN OUR SIX ZONE DISTRICT STAFF FINDS THIS REQUEST WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES AND ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. A SMALLER LOTS ARE FOUND IN THE IMMEDIATE AREA. A 15 FOOT REAR SETBACK FOR THE STRUCTURES DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, NOR WILL IT INJURE ADJACENT PROPERTIES. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, ARE THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY LOCATED STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS THE LARGE AREA REZONING OF THE PROPERTY UNDERWENT. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION. SECOND, I HAVE A MOTION AND A SECOND. COMMISSIONER, UH, BRAGEN. UH, YEAH, I'M GONNA BE, UM, IN SUPPORT OF THE MOTION AS READ. UM, AGAIN, THERE'S, THERE'S A, A SHORTAGE OF HOUSING AND WE NEED TO MAKE SURE THAT WE'RE UTILIZING AVAILABLE LAND. THIS LAND HAS SAT EMPTY FOR OVER 50 YEARS. UM, AND SO IN ORDER TO HAVE SOME SORT OF MEANINGFUL PROP UH, DEVELOPMENT ON THE PROPERTY, I THINK WE NEED TO SUPPORT THIS, UH, VARIANCE REQUEST. YEAH. I'LL ALSO BE SUPPORTING IT, UM, BECAUSE I, I DON'T THINK THAT THE OBJECTIONS THAT I HEARD ARE, ARE VALUED AND IF THE NEIGHBORS REALLY WHO OBJECTED, REALLY CARED, THEY WOULD'VE SHOWN UP OR SENT IN, UM, SOME KIND OF TELEPHONE, UH, MESSAGE. SO I WILL ALSO SUPPORT IT FOR THE SAME REASONS AS, UH, COMMISSIONER BREGMAN. ALL RIGHT, THANK YOU. ANY OTHER COMMISSIONER ZUNA? I'LL BE IN SUPPORT OF THE MOTION AS WELL. UH, WE HAVE THE SUPPORT OF THE NEIGHBORHOOD ASSOCIATION. I THINK THAT THE REQUEST IS ACTUALLY ENHANCED FROM WHAT THE SETBACKS WOULD'VE BEEN HAD HE PURSUED OTHER VENUES FOR, UH, THE DEVELOP A LOT. SO I, I THINK ALL THE ATTRIBUTES HERE SUPPORT MY, MY GAVE MY SUPPORT FOR THE MOTION. ALRIGHT, ANYONE ELSE? I HEARING NONE US HAVE A ROLL CALL VOTE PLEASE. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MENCHACA. I CONCUR. MR. ZUNIGA. I CONCUR WITH THE FIS OF FACT. MR. MANNA. UM, I CONCUR WITH THE FINDINGS OF FACT. MR. VASQUEZ. I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA. I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES NINE TO ZERO. ALL RIGHT, LET'S SEE YOUR NEXT ITEM. ITEM SIX. ITEM SIX IS BO O A DASH 23 DASH 1 0 3 0 0 0 4 5. UH, ADDRESS BEING 1509 BURNETT STREET IN CITY COUNCIL. DISTRICT NUMBER TWO, APPLICANT BEING MARIO ESPARZA AND GABRIEL GUTIERREZ. A REQUEST FOR A ONE FOOT 10 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN ADDITION TO BE THREE FOOT TWO INCHES FROM THE SIDE PROPERTY LINE. AND THE CURRENT ZONING IS MF 33. THE SUBJECT PROPERTY IS, THIS IS THE INCORRECT CASE SUMMARY, APOL. [00:35:03] APOLOGIES FOR THAT. MY BAD. UH, THE SUBJECT PROPERTY'S LOCATED ON THE EAST SIDE OF SAN ANTONIO NEAR THE INTERSECTION OF SOUTH NEW BRAUNFELS AND BURNETT STREET. THE APPLICANT WAS IN THE PROCESS OF CONSTRUCTING AN ADDITION TO THEIR HOME, BUT WAS HALTED BY CODE ENFORCEMENT. A STOP WORK ORDER WAS ISSUED BECAUSE THE APPLICANT HAD CONSTRUCTED THE ADDITION WITHOUT PERMITS AND A VARIANCE FOR THE SITE SETBACK WAS REQUIRED UPON SITE VISIT. STAFF MEASURED THE ADDITION TO BE THREE FOOT TWO INCHES FROM THE SIDE PROPERTY LINE. ANY STRUCTURE THAT HAS LESS THAN FIVE FEET FROM THE SIDE PROPERTY LINE IS REQUIRED TO OBTAIN A VARIANCE THROUGH THE BOARD OF ADJUSTMENT. OKAY, AND THEN THIS IS THE SITE PLAN AND THIS IS THE SUBJECT PROPERTY AND THEN THIS IS THE ADDITION. AND THEN HERE IS THE MEASUREMENT. IT'S THREE FOOT, TWO INCHES FROM THE SIDE PROPERTY LINE. AND THEN THIS IS AN ALTERNATE VIEW. AND THEN THIS IS THE SURROUNDING AREA. OKAY. SO STAFF RECOMMENDATION, UH, STAFF RECOMMENDS DENIAL, UH, BASED ON THE FOLLOWING FINDINGS. IN FACT, ONE, THE STRUCTURE IS CURRENTLY THREE FOOT TWO INCHES FROM THE SIDE PROPERTY LINE, WHICH DOES NOT OBSERVE THE SPUR OF THE ORDINANCE BY PREVENTING SPACE FROM THE NEIGHBORING PROPERTY. AND TWO, STAFF FOUND THE APPLICANT COULD HAVE BUILT A SIZABLE ADDITION WITHOUT IMPOSING INTO THE SIDE SETBACK BECAUSE OF THE SIZE OF THE REAR YARD. AND THIS IS THE NOTIFICATION PLAN. STAFF MAILED 40 NOTICES. ONE RETURNED IN FAVOR, ZERO IN OPPOSITION, AND STAFF HAD NO RESPONSE FROM THE HARVARD PLACE EASTLAWN NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. ALL RIGHT. THANK YOU. THANK YOU. O ZUNA. COMMISSIONER ZUNA, DO WE KNOW THE DISTANCE FROM THE PROPOSED? WELL, THE DISTANCE FROM THE MOST, THE CLOSEST, UH, RESIDENCE ON THE, ON THE LEFT TO THE, THE, THE IMPROVEMENTS THAT ARE BEING BUILT. THE FOUNDATION, THE STRUCTURE TO THE SIDE PROPERTY LINE. UH, PROPERTY IT. OH, PROPERTY TO PROPERTY. UM, I CAN FIND THAT OUT FOR YOU RIGHT NOW. YOU CAN GO AHEAD AND BEGIN YOUR PRESENTATION. OKAY. I DID NOT HAVE A POWERPOINT PRESENTATION. MINE WILL BE SHORT AND SWEET. HOW'S IT GOING? THANK YOU GUYS FOR BEING HERE. IF YOU COULD JUST STATE YOUR NAME AND MARIO ESPARZA. THANK YOU, SIR. GO AHEAD. OKAY. SO WE HIRED MY ORIGINAL CO UH, GENERAL CONTRACTOR FOR THIS PROPERTY. HIRED A FOUNDATION, UH, SOME FOUNDATION PEOPLE, AND THEY WERE SUPPOSED TO GET THE PERMITS FOR THE ADDITION TO THE HOME. HAVING FOUND OUT THAT THEY, AFTER DOING THE, THE FOUNDATION, THEY ENDED UP NOT, WE FOUND OUT THAT THEY DIDN'T ACTUALLY GET THE PERMITS. THEY ONLY GOT THE PERMIT FOR THE ORIGINAL STRUCTURE AND NOT THE ADDITION TO THE HOME. UH, THEY ONLY DID THE HOUSE, WHICH, UH, ENDED UP BRINGING US, UH, UH, BRINGING US HERE. UM, PRETTY MUCH THAT'S, UM, THAT'S PRETTY MUCH IT. AS YOU CAN SEE, IT'S UH, IT'S, I THINK IT'S A, A ONE FOOT 10 INCHES, UH, VARIANCE FROM THE REQUIRED FIVE FEET. AND, UM, THIS IS ACTUALLY GONNA BE THE FIRST HOUSE THAT PEOPLE DRIVE INTO ON BURNETT STREET. SO IT'LL MAKE A GOOD ADDITION TO THE NEIGHBORHOOD. THAT, THAT PORTION THAT IS WITHIN THE SETBACK REQUIREMENT LINE, IS THAT GONNA BE ENCLOSED OR IS THAT LIKE AN OUTSIDE AREA OR WHAT, WHAT IS THAT? UH, ON THE LEFT SIDE? YEAH, IT'S A, IT'S AN EMPTY PROPERTY THAT'S BEEN EMPTY FOR YEARS. NO, NO, NO. THE PART THAT YOU'RE BUILDING THAT, THAT ENCROACHES OH, THAT'S GONNA BE IN THE ADDITION. IT'S GONNA BE PART OF THE MASTER BEDROOM AND THE MASTER BATH. SO IT WOULD BE ENCLOSED AND ENCLOSED? YES, SIR. SO, BUT HE NEVER PULLED A PERMIT ON ANY OF THE FOUNDATION OR THE FOUNDATION? THE FOUNDATION, THE PEOPLE WE HIRED DID NOT PULL THE PERMIT AND IT WAS IN THE CONTRACT FOR THEM TO PULL THE PERMIT AND THEY DIDN'T DO IT. AND THAT'S WHAT BROUGHT US HERE. BUT YOU DIDN'T HAVE A PERMIT FOR THE, FOR THE STRUCTURE? CORRECT. OKAY. WOULD, WOULD THE PERMIT FOR THE STRUCTURE HAVE IDENTIFIED THAT HE'S BUILDING OVER THE SIDE SETBACK LINE STAFF? UM, CAN YOU, THE APPLICANT HAS, HAS STATED THAT HE HAD PULLED A PERMIT FOR THE CONSTRUCTION OF THE, OF THE ADDITION, JUST NOT FOR THE FOUNDATION. UM, CAN YOU VERIFY WHAT IF, IF THEY DID IT AS A, AS A FULL PERMIT OR AS A TRADE PERMIT? AND, AND WHILE WE'RE WAITING FOR THEM TO LOOK THAT UP, I, ON THE FENCING THAT YOU HAVE NEXT TO YOUR FENCE, YOU HAVE THE FINISHED SIDE ON YOUR POINTING TOWARDS YOUR NEIGHBORS. UM, IS THERE ANY PARTICULAR REASON FOR THAT? NOT THAT I'M AWARE OF. THE GC DID THAT. OKAY. AND ON THE, ON THE OTHER SIDE IS JUST AN EMPTY LOT WITH A BUNCH OF TRASH THAT'S BEEN THERE. THAT'S OKAY. SO I'LL JUST, UH, POINT OUT, ONE OF MY OBSERVATIONS IS THAT THE LOT NEXT TO YOU, WHILE IT IS EMPTY, IT'S ALSO NARROWER THAN YOUR LOT. SO IF SOMEONE WERE TO PURSUE THE CONSTRUCTION ON THAT, UM, HAVING YOU BE CLOSE TO THE SIDE PROPERTY LINE COULD BECOME SOMEWHAT OF AN ISSUE ONLY BECAUSE THEY'RE ABSOLUTELY GOING TO HAVE TO BE RIDING PRETTY TIGHT TO BUILD A [00:40:01] STRUCTURE ON THAT NEIGHBORING PROPERTY. SO I WAS JUST, UH, WANTED TO SEE IF THERE'S, IF YOU DON'T, YOU DON'T KNOW OF WHO THE OWNER IS OR WHAT THEIR INTENT IS? UM, WELL, WELL THE, THE, THE INDIVIDUAL HE WE, THAT WE PURCHASED OFF OF IS TRYING TO BY THAT HAS BEEN TRYING TO PURCHASE THAT PROPERTY FOR YEARS. OKAY. THAT I KNOW OF. AND ON THE RIGHT SIDE, THE HOUSE ACTUALLY RIDES ON THE PROPERTY LINE, BUT IT GOT GRANDFATHERED IN. IT'S JUST RIGHT THERE ON THE FENCE ON THE PROPERTY LINE. OKAY. ANY OTHER COMMISSIONER QUESTIONS? I KNOW COMMISSIONER AMANDA IS PROBABLY ON A SLIGHT DELAY. SO I, I WOULD ALSO LIKE TO ADD THAT WE PAID THE FOUNDATION GUYS A A 17,000 AND THEY DIDN'T FINISH THE WORK. THEY DIDN'T GET THE PERMIT AND WE'VE, I'VE ALREADY PAID ABOUT THREE MONTHS INTO THE, UH, REPAYING FOR THE HARD MONEY LOAN THAT I GOT. ALRIGHT. UH, STAFF, DID YOU FIND OUT ANYTHING ABOUT, SO WE HAVE THE FOUNDATION PERMIT. IT DOES NOT SHOW THE ADDITION, BUT THERE IS ANOTHER PERMIT, UM, THAT SHOWS THE ADDITION, THAT'S MENTIONS THE ADDITION TO THE REAR BUT NOT THE SIDE. OKAY. ALRIGHT. UH, SO WITH COMMISSIONER KAPLAN? YES MA'AM. SORRY, DID YOU KNOW THAT, UH, IF, IF THE PERMIT, THE ORIGINAL PERMIT DID NOT SHOW THIS SITE POSITION, DID YOU KNOW, WAS THIS ORI PART OF YOUR ORIGINAL PLANS OR HOW DID THIS IT WAS PART OF THE ORIGINAL PLAN. THE PERMITS WERE SUPPOSED TO BE BE PULLED, BUT THIS IS ACTUALLY MY FIRST EVER DOING THIS, SO I'M JUST NEW TO EVERYTHING. OKAY. DID YOUR, DID YOUR UH, CONSULTANTS OR CONTRACTOR PRODUCE ANY, ANY PLANS OR DOCUMENTS? MY ORIGINAL GC DOESN'T, UH, ISN'T HERE, ISN'T WITH ME ANYMORE. SO I'M TRYING TO GET THIS PERMIT, HOPEFULLY GET THIS PERMIT APPROVED AND THEN CONTINUE ON. OKAY. UH, I'M SORRY, COMMISSIONER Z. SO QUESTION THEN, AS YOU PROCEED WITH THE PROJECT, CLEARLY THERE'S GONNA BE A, A FIRE RATING ISSUE BEING SO CLOSE TO THAT SIDE SETBACK. SO AS YOU GO THROUGH THE CITY PLANNING DEPARTMENT AND THEIR PERMITS, THERE'S GONNA HAVE TO BE SOME KIND OF ENHANCED FIRE BARRIER MATERIAL BETWEEN YOUR, 'CAUSE YOU'RE SO CLOSE TO THAT SIDE PROPERTY LINE. YES SIR. AND SO JUST MAKE YOU AWARE OF ALL ADDITIONAL COSTS THAT YOU MAY BE INCURRING. YES SIR. BECAUSE OF THAT. AND STAFF, DO WE HAVE ANY, UH, PUBLIC COMMENTARY TO READ IN? NO PUBLIC COMMENT. ALRIGHT. UH, THERE'S NO MORE QUESTIONS. I'M LOOKING FOR A MOTION. O ZUNA COMMISSIONER ZUNA. THIS IS, THIS IS CASE 45. RIGHT. OKAY. REGARDING CASE NUMBER BO OA DASH 23 DASH 1 0 3 0 0 0 4 5, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT THE REQUEST FOR A ONE FOOT 10 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SETBACK REQUIREMENT TO ALLOW IN ADDITION TO BE THREE FEET, TWO INCHES FROM THE SIDE SETBACK PROPERTY LINE SITUATED AT 1509 BURNETT STREET, APPLICANT BEING MARIO ESPARZA. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C S AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY RESTRICTED SETBACKS. TO PROVIDE AMPLE SPACING BETWEEN STRUCTURES, THE APPLICANT IS REQUESTING A VARIANCE OF THE SIDE SETBACK TO ALLOW, IN ADDITION TO BE THREE FEET, TWO INCHES FROM THE SIDE PROPERTY LINE STAFF FINDS THIS DISTANCE IS SUITABLE AS IT PROVIDES ADEQUATE DISTANCE FROM THE NEIGHBOR'S. SHARED PROPERTY LINE STORM WATER RUNOFF DOES NOT IMPOSE ONTO THE NEIGHBORING PROPERTY AND THE YARD MAINTENANCE HAS SUFFICIENT ACCESS. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT REBUILDING OF THE STRUCTURE FIVE FEET FROM THE SIDE PROPERTY LINE, WHICH RESULT IN AN UNNECESSARY HARDSHIP. AS CONSTRUCTION HAS BEGUN AND ALTERING THE PLANS WOULD BE CHALLENGING FOR THE APPLICANT, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE ADDITION WOULD BE THREE FEET, TWO INCHES FROM THE SIDE PROPERTY LINE, ALLOWING THE VARIANCE TO BE GRANTED ALLOWS THE STRUCTURE TO HAVE SUFFICIENT SPACE FOR THE STORMWATER MITIGATION. AND RUNOFF, WHICH OBSERVES THE SPIRIT OF THE ORDINANCE FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATIONS OF USE OTHER THAN THOSE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED NOR OTHER USES THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITHIN THIS VARIANCE VIA SUCH VARIANCE WILL NOT SUBSTANTIAL INJURY, THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THE PROPERTY IS LOCATED. IF GRANTED THE STRUCTURE WILL BE THREE FEET, TWO INCHES FROM THE SIDE PROPERTY LINE, WHICH IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT UPON SITE VISIT SITE, UH, STAFF'S OBSERVED OLDER HOMES WITH NARROWER SETBACKS. ADDITIONALLY, THE REQUESTED DISTANCE WILL NOT CREATE ISSUES THAT CAN, UH, AFFECT THE ADJACENT PROPERTY WHEN DEVELOPED THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SALT IS 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, NOT DUE TO THE RESULT OF GENERAL CONDITIONS OF THE DISTRICT, WHICH THE PROPERTY IS LOCATED. UH, THE ESSENTIAL CHARACTER OF THE DISTRICT IS SMALLER LOTS WERE FOUND IN THE IMMEDIATE AREA. A 15 FOOT REAR SETBACK FOR THE STRUCTURE DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, NOR WILL IT INJURE ADJACENT PROPERTIES. UH, SIX APPLY TO THE OWNER. DID I READ THAT ALREADY? YEAH, I THINK I HAD THE WRONG. OKAY. YEAH. OKAY. IS THAT RIGHT? CAN I READ YOUR NUMBER SIX? OKAY. SURE. YEAH. UNIQUE CIRCUMSTANCES INCLUDE THE SUBJECT PROPERTY BEING ON A LOCATED ON THEIR LOT, WHICH PREVENTS THE APPLICANT FROM CONSTRUCTION OF A [00:45:01] SIZABLE ADDITION. THE REQUEST IS NOT MERELY FINANCIAL END OF MOTION. AND A SECOND. LET'S SECOND. SECOND BY COMMISSIONER ZUNIGA. UH, COMMISSIONER ZUNI. YEAH. SO I WILL BE SUPPORTING IT. SO THE REQUEST IS FOR ONE FOOT TAN INCH VARIANCE FROM THE FIVE FOOT. RIGHT. SO I THINK IT DOES PROVIDE ADEQUATE SETBACK FOR HIM TO MAINTAIN HIS SIDE OF THE, HIS SIDE OF THE HOUSE. ALSO MAINTAIN THE FENCE, CREATE SOME PASSAGEWAY. THE, THE LOT ADJACENT, MOST AFFECTED IS VACANT. UH, SO, UH, AS THE LOOK TO THEM DEVELOPING, YOU KNOW, THERE MAY BE SOME ISSUES, BUT THE APPLICANT WILL HAVE TO DO SOME KIND OF BARRIER, FIRE BARRIER AND WILL HAVE TO GO THROUGH THE FULL, UM, PLAN, CODE, UH, REVIEW AS HE BUILDS THE PROPERTY. AND THE NEIGHBORS HAD AN OPPORTUNITY TO OBJECT, WHICH THEY DIDN'T, NEITHER DID THE NEIGHBORHOOD ASSOCIATION. AND IT'S A COMMON, UM, OCCURRENCE WITHIN THE NEIGHBORHOOD TO HAVE THE HOUSES BUILT SO CLOSE TO THE PROPERTY LINES THAT WE'RE NOT CREATING ANY PRECEDENTS IN THE NEIGHBORHOOD. SO I'M SUPPORTING THE MOTION COMMISSIONER ZUNIGA. YES, SAME. ALL AN ANY OTHER COMMISSIONERS LIKE TO ADD TO THE DISCUSSION? HEARING NOW? LET'S HAVE A ROLL CALL. VOTE PLEASE. MR. OZUNA. I CONCUR. MR. ZUNIGA. I CONCUR AS A FINANCIAL FACT. MR. SPIELMAN. I CONCUR. MR. MENCHACA? I CONCUR. MR. MANNA A COMMENT, UM, INFERENCE BETWEEN THE NEIGHBORHOODS. MR. MANNA, I'M GONNA PAUSE FOR A SECOND HERE UNTIL I HEAR THE REST OF THE MOTION. MS. KAPLAN, I DO NOT CONCUR. MR. VASQUEZ. I CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN. UH, I CONCUR WITH THE FINDINGS OF FACT. UM, WHERE ARE WE AT? UM, LET'S GO BACK TO MANNA. YEAH. YEAH. MR. MANNA. MR. MANNA, DOES HE HAVE A PHONE? YEAH, I FIND IT INTERESTING. DID YOU CALL MR. MANNA? YES, I CONCUR WITH THE FINDINGS OF FACT. OKAY, SO THE VOTE IS EIGHT TO ONE. UH, IS, UH, MS. KAPLAN, IS THERE ANYTHING THAT WOULD, UH, YOU'D LIKE TO? UM, I JUST, I I'M DISTURBED BY THE SIZE OF A LOT STORE AND IT'S REALLY GONNA IMPACT, UH, WHAT THEY'RE ABLE TO BUILD. AND, UM, WHERE ARE WE AT? THAT'S WHAT I FEEL. MR. SO SCOTT, SO WE'RE, WE'RE TALKING ABOUT ONE FOOT 10 INCHES. WHAT'S, IS THERE, IS THERE A NUMBER THAT WOULD PROVIDE THAT BE FIVE FEET? YEAH. OKAY. IT'S REALLY, REALLY, COMMISSIONER MANA, CAN YOU MUTE YOUR TO ONE? IT IS, UH, MS. KAPLAN, IS THERE ANYTHING THAT WOULD LIKE TO, UH, OKAY, SO THE MOTION FAILS EIGHT TO ONE AND, UH, UNLESS, UH, COMMISSIONER KAPLAN IS THERE, IS THERE A, IS THERE A LENGTH LIMITATION THAT WOULD HELP SWAY THIS? NO. OKAY. LET'S, LET'S MOVE ON TO THE NEXT CASE. GOT IT. WELL, THERE, THERE'LL BE FIRE RETENTION. UH, FIRE RETENTION THERE. YOU NEED TO GET A EMERGENCY VEHICLE. NO, IT GOT IT ON THE OTHER SIDE. THINKING ABOUT THAT TOO. IS COMMISSIONER MANIF, UH, DOES HE HAVE, IS HE PHONED IN, CONNECTED BY PHONE AS WELL AS WEBEX? SO HE IS, HE, WHAT HE HAS STATED IS HE IS PHONED IN, BUT I BELIEVE HE IS WATCHING THIS ONLINE. OKAY. SO THAT'S WHERE THE DELAY IS. 'CAUSE WE'RE A FEW MINUTES DELAYED ONLINE AND THEN HE'S CHIMING IN ON HIS CELL PHONE. OKAY. JUST LISTEN ON THE PHONE. RIGHT. OKAY. SO, UM, ONE THING I WILL SUGGEST, UH, IF, IF COMMISSIONER, MAYOR, IF YOU CAN HEAR, UH, WE WILL, WE WILL ASK OR WE'LL ASK COMMISSIONERS WHO MAKE MOTIONS, WHETHER THEY'RE GONNA FOLLOW [00:50:01] THE, THE SUGGESTED TEMPLATE OR, OR DEVIATE SO THAT AT LEAST DURING THE TIME THAT IT'S BEING READ, YOU CAN, YOU COULD READ IT ON THE SCREEN AND, AND BE AWARE WHETHER OR NOT THERE'S ANY CHANGES INTENDED. MAYBE THAT WOULD BE HELPFUL AND CURBING ANY DELAY, AT LEAST NOT FOR A MINUTE OR SO. WELL, LET'S MOVE ON TO THE, THE NEXT CASE IF PLEASE. ITEM NUMBER SEVEN, MR. CHAIRMAN, WHAT DO WE DO WITH THIS, UH, CASE IT, IT FAILS EIGHT TO ONE. COULD WE, UH, COULD HE COME BACK? UH, PLEASE PROCEED BO O A DASH TWO THREE DASH 1 0 3 0 0 4 8 ADDRESSES BEING GENERALLY LOCATED IN THE 2,700 BLOCK OF US. 2 81 IN CITY COUNCIL DISTRICT NUMBER NINE, APPLICANT BEING ORTIZ MCKNIGHT. A REQUEST FOR A 30 FOOT VARIANCE FROM THE MAXIMUM 90 FOOT FRONT SETBACK REQUIREMENT FOR PROPERTIES WITH 100 FEET OR MORE FRONTAGE TO ALLOW A 120 FOOT FRONT SETBACK. AND THE CURRENT ZONING IS M F 18. OKAY, THE SUBJECT PROPERTY IS LOCATED NEAR THE MOST NORTHERN PART OF THE CITY LIMITS AT THE INTERSECTION OF EAST BORG FAILURE DRIVE AND US 2 81. THE APPLICANT IS REQUESTING A VARIANCE FROM THE MAXIMUM FRONT STEPBACK REQUIREMENT FOR PROPERTIES WITH 100 FEET OR MORE FRONTAGE TO CONSTRUCT A MULTI-FAMILY DEVELOPMENT. THE PROPOSED DEVELOPMENT CANNOT CONFORM TO THIS REQUIREMENT AS THERE IS CURRENTLY A 100 FOOT WIDE EXISTING ELECTRICAL EASEMENT CAUSING THE APPLICANT TO CONSTRUCT THE DEVELOPMENT PAST THE 90 FOOT MAXIMUM FRONT SETBACK. AS PER THE U D C, THE MAXIMUM FRONT SETBACK REQUIREMENT IS 90 FEET AND THE APPLICANT IS REQUESTING FOR 120 FEET. NO PARKING OR DRIVES OTHER THAN EGRESS SLASH INGRESS INGRESS DRIVES WILL BE LOCATED WITHIN 20 FEET OF THE FRONT PROPERTY LINE. AND THIS IS THE SITE PLAN. AND THEN THIS IS THE SUBJECT PROPERTY, AN ALTERNATE VIEW, AND THEN THE SURROUNDING AREA FOR STAFF RECOMMENDATION. STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING. ONE, THE STRUCTURES WILL NOT IMPEDE ON THE SURROUNDING PROPERTY OWNERS AS THEY'RE ALL ABIDING BY ALL OTHER SETBACK REQUIREMENTS. AND TWO, THE LOCATION OF AN ELECTRICAL EASEMENT BEING LOCATED WITHIN THE MAXIMUM SETBACK IS THE SPECIAL CONDITION FOR THE SUBJECT PROPERTY. AND THEN THIS IS THE NOTIFICATION MAP. STAFF MAILED FIVE NOTICES, ZERO IN FAVOR, ZERO IN OPPOSITION. AND THE SUBJECT PROPERTY IS NOT LOCATED WITHIN THE BOUNDARIES OF A REGISTERED NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. THANK YOU. LET'S HAVE THE APPLICANT COME UP. GOOD AFTERNOON. I FINALLY GET MY CHANCE. I LOVE THIS. JAMES MCKNIGHT, UH, ORTIZ MCKNIGHT 1 5 3 TREE LINE. UM, I HAVE A PRESENTATION. IT'S PART OF THIS. WHAT'S THAT? I DID WELL. UM, YOU BEAT THE CROWD. I DID. I I I PUT IT THERE FIRST. BUT , BY THE WAY, THIS IS THE FIRST TIME I GOT TO SEE ORTIZ MCKNIGHT OUT LOUD IN PUBLIX. SO THAT WAS, THAT WAS A LOT OF FUN. CONGRATULATIONS. THANK YOU. I THOUGHT YOU WERE GONNA SLEEP HERE THOUGH, . I WAS TRYING . SURE. I NEED A FLASHLIGHT AGAIN. DO YOU HAVE I DO. YEAH. WHILE WE'RE WAITING, IS THERE ANY PUBLIC COMMENTARY TO BE AWARE OF SIGN? ANYONE SIGN UP TO SPEAK? NO PUBLIC COMMENT. OKAY, HERE WE GO. THANK YOU. ALRIGHT. AND I DON'T HAVE CONTROL, RIGHT? YOU HAVE, UH, YOU DON'T. OKAY, NEXT SLIDE PLEASE. SO, UH, UH, AS STAFF SAID, THIS IS A 30 FOOT VARIANCE. THERE'S [00:55:01] A 90 FOOT MAXIMUM SETBACK ON ANY MULTIFAMILY PROPERTY. UM, AS STAFF SAID, THERE'S A HUNDRED FOOT EASEMENT IN OUR WAY. SO WE'RE ACTUALLY ASKING FOR 120, WHICH NETS TO THE 30 FOOT SETBACK. NEXT SLIDE, OR 20 FOOT ACTUALLY, UM, OUR SUBJECT PROPERTY IS RIGHT ON THE NORTHERNMOST EDGE OF THE CITY. NEXT SLIDE, PLEASE. AS YOU CAN SEE, THERE'S THE PROPERTIES TO THE WEST OF US, TO THE NORTH OF US AS OUTSIDE CITY LIMITS WE'RE ZONED. MF 18, THE PORTION OF THE RIGHT OF WAY, UM, THAT YOU SEE TO THE EAST OF US WAS ACQUIRED FOR 2 81 IN 2005. AND THEN IN 2015, THERE WAS A HUNDRED FOOT EASEMENT THAT WAS ACQUIRED BY C P SS ON THE FRONT SIDE OF OUR PROPERTY. NEXT SLIDE PLEASE. THIS IS THE PROPOSED DEVELOPMENT FOR THE M F 18. IT'S, IT'S DONE IN A FEW PHASES. UM, WE'RE LOOKING AT AROUND 600 TO 700 UNITS, SO IT'S A PRETTY SIGNIFICANT INVESTMENT FOR THESE FOLKS. IT'S 37 38 ACRES TOTAL. UM, YOU CAN SEE THE LINE ON THIS, BUT I'LL ZOOM IN SO YOU CAN SEE IT A LITTLE BETTER ON THE NEXT SLIDE, PLEASE. SO I'M LOOKING AT THE, THE FINDINGS OF FACT HERE, WHETHER OR NOT THIS IS CONTRARY TO PUBLIC INTEREST. SO AS STAFF POINTED OUT, THIS DOESN'T IMPEDE ANYBODY AROUND US. UM, THE PURPOSE FOR HAVING THE MAXIMUM SETBACK IS TO HAVE THIS UNIFORMITY. AND IN THIS CASE WE DON'T REALLY HAVE MUCH AROUND US. IT'S JUST US ON 37, UH, ACRES OF PROPERTY ALONG 2 81. AND WE'RE NOT, BY HAVING THAT LARGER SETBACK, WE'RE NOT IMPEDING ANYBODY. AND YOU KNOW, AS FAR AS THE PUBLIC INTEREST GOES, IT DOES PROVIDE FOR SOME MUCH NEEDED HOUSING. LITTLE ENFORCEMENT WOULD BE, WOULD RESULT IN UNNECESSARY HARDSHIP. SO ENFORCING THE MAXIMUM SETBACK ON US WOULD MEAN A ESSENTIALLY NO MULTI-FAMILY DEVELOPMENT WOULD BE ALLOWED ON THIS PROPERTY BECAUSE YOU WOULD NEVER BE ABLE TO MEET THAT 90 FOOT MAXIMUM SETBACK WITH THE ELECTRICAL EASEMENT IN THE WAY. UM, IT IS UNIQUE TO US AND IT, IT WOULD, AS I SAID, PREVENT ALL FUTURE DEVELOPMENT UNLESS IT WAS REZONED TO, UM, SOME KIND OF COMMERCIAL PROPERTY. NEXT SLIDE, PLEASE. UH, DO YOU NEED A, DO YOU NEED A LASER POINTER? OH, YOU GOT ONE AGAIN? I GOT ONE. SO, YEAH, I WANTED TO GET TO THE POINT WHERE YOU CAN ACTUALLY SEE THE A HUNDRED FEET RUNNING ALL ALONG HERE. AS I SAID IN 2015, IT WAS DONE IN TWO PORTIONS AND, UM, WAS DONE RIGHT. WELL, NOT RIGHT AFTER, BUT AS PART OF THE, THE US HIGHWAY EXPANSION, THEY NEEDED OBVIOUSLY MORE, UM, CAPABILITIES ALONG THIS, THE, THE RIGHT OF WAY C P S DID. NEXT SLIDE PLEASE. SO WILL THE SPIRIT OF THE ORDINANCE BE OBSERVED? SO, AS I SAID BEFORE, THE PURPOSE IS TO HAVE THIS UNIFORM, UH, BLOCK FACE WHEN YOU HAVE TYPICAL MF DEVELOPMENT. BUT HERE WE'RE ALONG THE HIGHWAY AND WE ARE ESSENTIALLY IT. AND NOT ONLY THAT, BUT ANYONE WHO IS IN THIS AREA WOULD BE SIMILARLY AFFECTED BY THAT 100 FOOT EASEMENT. SO WE WOULD BE ESSENTIALLY HAVING THE SAME SETBACK AS ANYBODY ELSE THAT WAS IN THIS AREA. UH, AS I SAID BEFORE, THE, THE NET ONCE YOU GET PAST THE A HUNDRED FOOT SETBACK IS ACTUALLY JUST A 20 FOOT SETBACK, WHICH IS FAIRLY TYPICAL FOR ANY MULTIFAMILY DEVELOPMENT. IT WOULDN'T AUTHORIZE ANY OTHER USES THAN WHAT WE HAVE AS M F 18. NEXT SLIDE PLEASE. HERE'S A ZOOM OF THE, THE SITE PLAN I SHOWED EARLIER. THERE'S THE A HUNDRED FOOT SETBACK AND YOU CAN SEE ONE OF THE BUILDINGS WE HAVE PLANNED IS JUST ABOUT FIVE TO 10 FEET SET BACK HERE. WE HAVE ANOTHER BUILDING THAT'S SET BACK ABOUT 50 FEET. UM, BUT THERE'S, THIS IS STILL IN THE PRELIMINARY STAGES, SO WE WANTED TO, TO DO SOMETHING THAT WAS, WE DIDN'T WANT TO ASK FOR TOO MUCH SETBACK OFF OF THAT A HUNDRED FEET AND JUST, YOU KNOW, HAVE TOO MUCH LEEWAY. SO WE ONLY ASKED FOR ESSENTIALLY AN EXTRA 20 FEET OFF OF THAT A HUNDRED FOOT SETBACK. NEXT SLIDE PLEASE. SO NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE FOR THE ADJACENT PROPERTIES. AS I SAID BEFORE, WE'RE ON THE EDGE OF THE CITY LIMITS. THERE ARE NO PROPERTIES ACTUALLY, THE, IT'S RIGHT OF WAY TO THE SOUTH OF US. IT'S RIGHT OF WAY TO THE EAST OF US. AND, UM, IT'S OUTSIDE CITY LIMITS TO THE NORTH AND TO THE WEST. SO A PRETTY UNIQUE LOCATION, BUT IT WOULD ALLOW FOR IMPROVEMENT OF AN UNDERDEVELOPED, AN UNDEVELOPED LOT THAT, UM, IS IN NEED OF SOME HOUSING. AND AS WE SAID BEFORE, THIS IS NOT, UM, IS A UNIQUE CIRCUMSTANCE. THAT'S NOT SOMETHING THAT WE CREATED. AND SO IT IS NOT FINANCIAL IN NATURE. IT IS, IS REALLY JUST ABOUT C P S PUTTING IN AN EASEMENT AND ESSENTIALLY CUTTING OFF OUR DEVELOPMENT. SO, SO, UH, QUICK QUESTION. UH, THE A HUNDRED FOOT, UH, CPS EASEMENT RUNS SUBSTANTIALLY TO THE NORTH AND SOUTH OF Y'ALL? IT DOES. OKAY. IT KEEPS ON ONGOING. I NOTICED ON THE, ON THE STAFF, UH, POWERPOINT IT SHOWS YOUR ZONING WAS C TWO CD, BUT YOU HAVE IT AS MF 18. DID YOU GO THROUGH A ZONING CHANGE THAT WAS A ZONING CHANGE RECENTLY? YES, SIR. DID THAT ISSUE COME UP DURING ZONING? THE HOW ONCE WAS IMPOSSIBLE TO MEET ? NO. OKAY. I'M CURIOUS ONE EVER BROUGHT THAT UP? NO. OKAY. JUST WONDERING. YEAH. ALL RIGHT. IS THERE ANY COMMISSION QUESTIONS, MR. ZUNA? SO, I, I JUST TO REEMPHASIZE, SO THE, UM, THE BURDEN HERE IS THAT GIVEN THE A HUNDRED FOOT ELECTRICAL EASEMENT, THERE'S NO WAY YOU CAN COMPLY. AND SO NOT PROPERTY BY THAT, THAT VIRTUE IS UN UNUSABLE, IF NOT FOR THE VARIANCE REQUESTS THAT COMES BEFORE US [01:00:01] TODAY. CORRECT. WHETHER IT'S MULTIFAMILY OR ANY OTHER USE FOR THE PROPERTY. AS LONG AS, AND WE ACTUALLY DID TRY TO, IF FIND A WAY AROUND THAT, IF THERE WAS A WAY TO SAY, OKAY, THE MAX MAXIMUM SETBACK IS ACTUALLY FROM RIGHT AWAY LINE, NOT FROM EASEMENT LINE OR SOMETHING TO TRY TO WORK WITH STAFF THERE. BUT, UH, YOU KNOW, IT IS KIND OF A HARD AND FAST RULE. YES. WE'RE JUST KIND OF CONFLICTED WITHIN THE, UH, THE RULES HERE. EXACTLY, EXACTLY. COMMISSIONER MANCHACA? YES. I HAVE A SMALL QUESTION NOW. I WAS TRYING TO BRING UP THE MAP. THIS IS NOT OVER THE RECHARGE ZONE. UH, THIS ONE IS NOT OVER THE RECHARGE ZONE. THANK YOU, COMMISSIONER BRACKMAN. UH, SO WHAT I GATHER IS THAT, THAT THAT LOT WOULD NOT BE CONDUCIVE TO, UH, ANYTHING ELSE EXCEPT MULTIFAMILY OR COMMERCIAL. IT'S NOT CONDUCIVE TO SINGLE FAMILY GIVEN THE PROXIMITY TO 2 81. NO. AND IF YOU SAW SOME OF THE PICTURES, YOU CAN SEE THE HEIGHT WHERE IT'S AT. IT, IT'S JUST, IT'S REALLY MULTIFAMILY WAS REALLY THE BEST USE. UM, WE, WE WENT THROUGH THE REZONING PROCESS, IT KIND OF SAILED THROUGH 'CAUSE EVERYBODY SAID, YEAH, THIS REALLY IS THE BEST USE FOR IT. ALL RIGHT. I HAVE NOTHING ELSE. UH, JUST ONE, ONE QUICK REMARK. I MEAN, I GUESS YOU COULD HAVE PURSUED AN ENCROACHMENT AGREEMENT, BUT THEN WHY WOULD YOU WANT BUILD NEXT TO A MAJOR TRANSMISSION LINE? THAT'S KIND OF DANGEROUS. OKAY. UH, IF THERE'S NOTHING ELSE, I'M LOOKING FOR A MOTION COMMISSIONER KAPLAN. OKAY. REGARDING CASE, SORRY. REGARDING CASE NUMBER BOA DASH 23 DASH 1 0 3 DASH 0 0 0 48, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR 30 FOOT VARIANCE FROM THE MAXIMUM 90 FOOT FRONT SETBACK REQUIREMENT FOR PROPERTIES WITH A HUNDRED FEET OR MORE FRONTAGE TO ALLOW 120 FOOT FRONT SETBACK SITUATED GENERALLY IN THE 27,000 BLOCK OF US HIGHWAY 2 81 NORTH APPLICANT BEING ORTIZ MCKNIGHT, P L L C. BECAUSE THE TESTIMONY PRESENTED US IN THE FACTS THAT WE HAVE DETERMINED, SHOW US THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISION BY 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 REPRESENTED BY MAXIMUM SETBACKS ESTABLISHED TO ENSURE UNIFORM DEVELOPMENT WITHIN A COMMUNITY. STAFF FINDS THIS REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST, AS THIS WILL ALLOW FOR THE DEVELOPMENT OF A MULTI-FAMILY RESIDENTIAL COMMUNITY. ADDITIONALLY, THE STRUCTURES WILL NOT IMPEDE THE SURROUNDING PROPERTY OWNERS AS THEY'RE ABIDING BY ALL OTHER SETBACK REQUIREMENTS. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE SPECIAL CONDITION FOUND ON THE SUBJECT PROPERTY IS THE LOCATION OF, OF AN EXISTING 100 FOOT WIDE ELECTRICAL EASEMENT LOCATED WITHIN THE MAXIMUM BUILDING SETBACK AREA. STAFF FINDS THAT A LITERAL ENFORCEMENT OF THE ORDINANCE WILL RESULT IN AN UNNECESSARY HARDSHIP AS THE SUBJECT PROPERTY WILL BE UNDEVELOPABLE DUE TO THE DEVELOPMENT RESTRICTION. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE REQUEST WILL OBSERVE THE SPIRIT OF THE ORDINANCE AND SUBSTANTIAL JUSTICE WILL BE DONE AS THIS WILL ALLOW FOR THE PRESERVATION OF CONSTRUCTION, UH, SORRY, PREVENTION OF CONSTRUCTION ON AN ELECTRICAL EASEMENT. ADDITIONALLY, THE OBSERVANCE IS PORTRAYED BY THE APPLICANT MEETING. ALL OTHER BUILDING REQUIREMENTS FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE, THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE SETBACK WILL BE INCREASED TO 120 FEET INSTEAD OF THE REQUIRED MAXIMUM 90 FEET. THE VARIANCE REQUEST WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. AS THE PROPERTY IS ABUTTING US HIGHWAY 2 81 NORTH TO THE EAST AND OUTSIDE CITY LIMITS TO THE WEST AND NORTH SIX, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, REALLY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE LOCATION OF AN ELECTRICAL EASEMENT BEING LOCATED WITHIN THE MAXIMUM SETBACK. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL. END OF MOTION. SECOND, SECOND. SECOND BY COMMISSIONER BRAGMAN. COMMISSIONER KAPLAN. YEAH, I'M FOR THIS. I, I FEEL LIKE THIS IS THE ONLY, IT'S NOT YOUR FAULT. OBVIOUSLY YOU CAN'T DO ANYTHING AND THIS IS THE ONLY THING YOU'RE ASKING FOR. SO YEAH, I'M FOR IT. COMMISSIONER BRAGMAN. UM, I AGREE. I THINK THIS IS THE HIGHEST AND BEST USE FOR THE PROPERTY, SO I'LL BE IN SUPPORT OF THE MOTION. ALL RIGHT. ANYONE ELSE LIKE TO ADD? HEARING NONE, LET'S HAVE ROLL CALL. VOTE MS. BRAGMAN. I MEAN, MS. KAPLAN, I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. SPILLMAN. I CONCUR. MR. MENCHACA. I CONCUR. MR. ZUNIGA. I CONCUR WITH THE FINDINGS OF FACT. MR. VASQUEZ. I CONCUR. [01:05:01] MR. OZUNA. I CONCUR. MR. CHAIR. ORIAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA, THIS IS MR. MAN. I CONCUR WITH THE FINDINGS OF PASSED. ALRIGHT, MOTION PASSES. NINE TO ZERO. UH, WE'RE GONNA SHIFT BACK TO ITEM THREE. UH, CASE ENDING IN, UH, 30 OFF OF 1 7 1 0 3. SPRING HILL DRIVE. YES, SIR. D O A DASH 23 DASH 0 3 0 3 0 0 3 17 103 SPRING HILL DRIVE IN CITY COUNCIL. DISTRICT NUMBER NINE, APPLICANT BEING JANE WETZEL. A, A REQUEST FOR A VARIANCE FROM THE FENCE MATERIALS TO ALLOW FOR A CORRUGATED METAL FENCE IN THE SIDE AND REAR YARDS. AND THE CURRENT ZONING IS R SIX. THE SUBJECT PROPERTY'S LOCATED ALONG SPRING HILL DRIVE NEAR THE INTERSECTION OF US 2 81 NORTH AND TEXAS LOOP 1604 NORTH. THE APPLICANT CONSTRUCTED A CORRUGATED METAL FENCE IN THE SIDE AND REAR YARDS OF THE SUBJECT PROPERTY TO PLACE AN EXISTING WOOD FENCE. AFTER THE ISSUANCE OF A CITATION, IT WAS NOTED THAT THE APPLICANT OBTAINED A RESIDENTIAL FENCE PERMIT, WHICH INDICATED THAT IT WAS FOR A SOLID SCREEN WOOD PRIVACY FENCE. AND THIS IS THE SITE PLAN AND THE SUBJECT PROPERTY. AND THEN THIS IS THE CORRUGATED METAL FENCE. AND THEN THIS IS A DIFFERENT VIEW, ANOTHER ALTERNATE VIEW. AND THEN THIS SURROUNDING AREAS. STAFF RECOMMENDATION FOR THE CORRUGATED METAL FENCE VARIANCE STAFF RECOMMEND STAFF RECOMMENDS A DENIAL IN BO O A DASH 23 DASH 0 3 0 3 0 BASED ON THE FOLLOWING. ONE, DUE TO THE SUBJECT PROPERTY BEING LOCATED ON A CORNER LAW ON A PRIMARY STREET ENTRANCE, THE VARIANCE IS CONTRARY TO THE PUBLIC INTEREST AS IMMEDIATE PROPERTY OWNERS CAN NOTICE IT FROM THE PUBLIC RIGHT OF WAY. TWO, UPON SITE VISITS, STAFF DID NOT OBSERVE ANY OTHER CORRUGATED METAL FENCES IN THE IMMEDIATE AREA. AND THREE, THE OFFENSE WAS CONTRACTED WITHOUT OBTAINING A RESIDENTIAL FENCE PERMIT. THIS IS THE NOTIFICATION PLAN. STAFF MAIL 21, NOTICES EIGHT IN FAVOR WITH 12 OUTSIDE THE 200 FEET, UH, ZERO IN OPPOSITION. AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION FOR THE SUBJECT PROPERTY. AND THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. GREAT. THANK YOU. THANK YOU. OH, ZUNA, COMMISSIONER ZUNA? YES. SO JUST AS A REMINDER, THIS IS A CONTINUANCE FROM THE LAST CASE AND UH, THE APPLICANT WAS CHARGED WITH, UH, GETTING SOME MORE, UH, ENHANCED NEIGHBORHOOD SUPPORT FOR THE MOTION AS I RECALL. SO THAT'S WHERE WE ARE. I RE I I RECALL THAT AS WELL. UM, SO IF YOU WOULD LIKE TO GIVE US AN UPDATE ON MY NAME'S KRAMER WETZEL AND WE'RE THE OWNERS OF THE PROPERTY IN QUESTION. UH, WE'VE GOT, I BELIEVE, 20, UH, FROM OTHER NEIGHBORS IN THE NEIGHBORHOOD IN ADDITION TO EIGHT. AND YOU'VE GOT THOSE ON FILE, CORRECT? MM-HMM. . AND, UM, WE'VE, I'VE ALSO GOT A PRESENTATION IF YOU WANNA SEE SOME OTHER CORRUGATED STEEL THAT'S IN THE NEIGHBORHOOD. IT'S, WE, WELL, WE'LL SEE IF WE HAVE ANY QUESTIONS RELATED TO THAT. OKAY. I KNOW WE HEARD A LOT ABOUT THIS AND WE, WE ALL HAVE DONE, DONE OUR RESEARCH. UH, PRIOR TO TODAY'S MEETING, UH, STAFF, WAS THERE ANYBODY, UH, SIGN UP TO SPEAK ANY PUBLIC COMMENTARY? NO PUBLIC COMMENT. AND SO YOU, SO JUST TO BE CLEAR, YOU GAINED 12 ADDITI, THE SUPPORT OF 12 ADDITIONAL PEOPLE? YES, WE DID. AND ONE, THERE'S TWO OF THEM THAT ARE, ARE KIND OF IMPORTANT BECAUSE ALTHOUGH WE DON'T HAVE AN H O A OR A NEIGHBORHOOD ASSOCIATION, THE PRESIDENT OF THE OAK HILL NEIGHBORHOOD ASSOCIATION, WHICH IS ADJACENT TO US, IS ON BOARD WITH THIS. AND THERE'S A BOARD MEMBER ON THAT, ON THAT, UH, NEIGHBORHOOD ASSOCIATION WHO'S ON BOARD WITH IT TOO. OKAY. SO WE HAVE GOT, UH, QUITE A BIT OF NEIGHBORHOOD SUPPORT. WONDERFUL. UH, IS THERE ANY COMMISSIONER QUESTIONS FOR THIS APPLICANT? I HAVE A QUESTION FOR STAFF COMMISSIONER BRECKMAN. UM, SO I NOTICED IN THE PICTURES THAT THERE'S A CAP ON THE TOP AND THE BOTTOM OF THE CORRUGATED METAL FENCE. UM, IS THERE A, A REQUIREMENT THAT THE SEAMS WHERE THE, THE CORRUGATED METAL ALSO, UH, BE CAPPED, UH, AS FAR AS A NORMAL FENCE PERMIT? IS THAT WHAT YOU'RE ASKING ABOUT? WELL, IF, IF HE WERE TO [01:10:01] GO FORWARD WITH THE, THE CORRUGATED METAL FENCE, IS THAT SOMETHING THAT WOULD ALLEVIATE SOME OF THE, THE ISSUES? IT SEEMS TO ME THAT SOME OF THE ISSUES ARE THAT THE SHARP EDGES OF THE CORRUGATED METAL AND SINCE IT'S ALREADY CAPPED ON THE TOP AND THE BOTTOM, IS THERE AN ISSUE WHERE THE SEAMS OF THE PANELS MEET? WOULD THEY NEED TO BE CAPPED AS WELL? UM, YES. SO ONE OF THE REASONS WHY THIS IS IN THE RESTRICTED LIST IS BECAUSE OF SAFETY. UM, THERE'S NOTHING THAT WE CAN DO TO HOLD HIM FROM KEEPING THOSE CAPS ON THERE, EVEN THOUGH MOST LIKELY HE IS. UM, ANY ADDITIONAL, UM, LIKE THE EXAMPLE YOU JUST GAVE, UM, THAT WOULD HELP 'EM. BUT AS FAR AS YOU TALK ABOUT JUST STAFF RECOMMENDATION, WE JUST LOOK AT WHAT WE CAN ENFORCE. THAT'S ONLY THE RESTRICTED, UH, MATERIAL. OKAY. UH, ANY OTHER COMMISSIONER QUESTIONS? UH, I JUST WANTED TO ADD THAT THIS, THIS NEIGHBORHOOD HAS BEEN AROUND, UH, QUITE A WHILE AND UH, THE FENCE IS, LOOKS LIKE IT'S VERY FAR REMOVED FROM THE STREET AND THERE'S NO SIDEWALKS. CORRECT? THERE ARE NO SIDEWALKS IN THE NEIGHBORHOOD. GOT IT. ALRIGHT, SO IF THERE'S NOTHING ELSE I'D LIKE LOOKING FOR A MOTION BRAGMAN COMMISSIONER BRAGMAN REGARDING CASE NUMBER BO O A DASH 23 DASH 0 3 0 0 0 3 0. A MOVE THAT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR A VARIANCE FROM THE FENCE MATERIALS TO ALLOW FOR A CORRUGATED METAL FENCE IN THE SIDE AND REAR YARD SITUATED AT 1 7 1 0 3 SPRING HILL DRIVE, APPLICANT BEING JANE WETZEL. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY RESTRICTED FENCE MATERIALS TO PROVIDE UNIFORMITY WITHIN A COMMUNITY. THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS THE CORRUGATED METAL FENCING IS NOT CONFLICTING WITH THE IMMEDIATE PROPERTY OWNER FENCE MATERIALS. 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 UNNECESSARY HARDSHIP AS THE APPLICANT WOULD NEED TO RE REBUILD THE ALREADY CONSTRUCTED FENCE. 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. IN THIS CASE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS THE FENCE IS ABIDING BY THE U D C FENCE. HEIGHT REQUIREMENTS FOR SOLID SCREEN FENCE IN THE SIDE AND REAR YARD FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH 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 FENCE WILL BE ALLOWED TO PROHIBIT FENCE MATERIAL. IF SO, THIS WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES AND ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY'S LOCATED STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR ITS VARIANCE TO SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. END OF MOTION. SECOND. SECOND BY COMMISSIONER KAPLAN. COMMISSIONER BRAGMAN. UM, YEAH, I'LL BE IN SUPPORT OF THE MOTION. THEY HAVE A LOT OF, UH, COMMUNITY SUPPORT. UM, IT'S A NICELY CONSTRUCTED FENCE AND THE FACT THAT IT DOES HAVE CAPS ON THE TOP AND THE BOTTOM, I THINK WILL GO A LONG WAY TO, UM, PROVIDING SAFETY. UM, AND AS THE APPLICANT SAID, THERE ARE NO, UM, SIDEWALKS IN THE AREA, SO YOU REALLY DON'T SEE PEOPLE WALKING, UH, AROUND MUCH. COMMISSIONER KAPLAN AND I CONCUR. I AGREE WITH, UH, COMMISSIONER BREGMAN. ANY OTHER COMMISSIONERS LIKE TO ADD? UH, I'LL JUST SAY THAT, UH, I'VE DRIVEN AROUND THIS NEIGHBORHOOD MANY TIMES, UH, AND ALL THE HOMES ARE UNIQUE. THERE'S A LOT OF DIFFERENT LOOKING STYLES OF CONSTRUCTION AND THIS FITS RIGHT IN. SO I'LL BE IN SUPPORT. UH, LET'S HAVE A ROLL CALL. VOTE PLEASE. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MRS. SPILLMAN, I CONCUR. MR. MENCHACA. I CONCUR. MR. ZUNIGA. I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA. I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MR. VASQUEZ. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. ALL RIGHT, THAT'S, UH, MOTION PASSES. NINE TO ZERO. UH, ITEM NUMBER FOUR, PLEASE. 89 30 FABENS. [01:15:05] GOOD AFTERNOON. BO O A 23 1 0 3 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 CORE PORT TO BE ONE INCH FROM THE FRONT PROPERTY LINE ZONING IS R SIX. THE CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED ALONG FABIANS IN THE FAR WEST SIDE OF SAN ANTONIO. THE APPLICANT HAS BEGUN CONSTRUCTION ON THE CARPORT THAT HE HOPES TO BUILD ONE INCH FROM THE FRONT, FROM THE PROPERTY LINE SHORTER, THE 10 FOOT MINIMUM FRONT SETBACK REQUIREMENT. NO OTHER VARIANCES HAVE BEEN APPROVED IN THE AREA FOR CARPORT. FRONT SETBACK. HOWEVER, MULTIPLE CARPORTS HAVE SIMILAR PLACEMENTS. DRIVEWAY DEPTH IS APPROXIMATELY 22 FEET FROM THE HOME TO THE PROPERTY LINE SITE PLAN, UH, SUBJECT PROPERTY, THE SURROUNDING AREAS AND OTHER CARPORTS IN THE SURROUNDING AREA DOWN THE STREET. AND THIS IS A CARPORT THAT'S TWO DOORS DOWN FROM THE ADDRESS FROM THE SUBJECT PROPERTY RECOMMENDATION, FRONT SETBACK VARIANCE STAFF RECOMMENDS A DO DENIAL AND B 8 23 1 0 3 0 0 4 0 BASED ON THE FOLLOWING FINDINGS. THE REDUCED FRONT SETBACK JURORS, NEIGHBORING PROPERTIES, AND TWO, THE SIMILAR VARIANCES HAVE BEEN NO SIMILAR VARIANCES HAVE BEEN APPROVED IN THE AREA. NOTIFICATION PLAN. STAFF MAILED OUT 35 NOTICES AID IN FAVOR TO AN OPPOSITION AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION. AND THIS IS, UM, I BELIEVE THIS IS A, JUST A RESPONSE, UH, FROM A NEIGHBOR. AND THERE ARE OTHER NOTICES THAT WERE SENT IN. AND THIS CONCLUDES STATUS PRESENTATION AND APPLICANT IS AVAILABLE. ALRIGHT, LET'S HEAR FROM THE APPLICANT. COMMISSIONER MANCHACA, UH, WAS THERE A BUILDING PERMIT ON THIS ONE? NO, SIR. NOT THAT I CAN SEE ON THE STAFF REPORT. NO, SIR. I'LL DOUBLE, I'LL DOUBLE CHECK FOR YOU. UH, THE APPLICANT IS, UH, LOOKS LIKE HE'S, HE'S GONNA ANSWER THAT QUESTION. COME ON UP, SIR. PLEASE STATE YOUR NAME AND BEGIN YOUR PRESENTATION. GOOD AFTERNOON. HOW YOU DOING? MY NAME IS, UH, PHILMAN HERNANDEZ. AND, UH, I'M ASHLEY, WHAT A, WHAT A UNIQUE SITUATION, RIGHT? I'M ACTUALLY HERE AGAIN, DUE TO THE FACT THAT WE DIDN'T HAVE ENOUGH COMMISSIONERS, UH, ON THE LAST BOARD MEETING. AND SO DUE TO THE FACT THAT WHAT I'M SEEING AND, AND WHAT'S IN PRESENT OF ME, WE HAVE THE SAME EXACT, UH, FOLKS RIGHT NOW AS FAR AS COMMISSIONER'S CONCERNED. WITH ALL DUE RESPECT, UM, I HAVE A FEELING THAT I HAVE OPPOSITION PRESENT AT THIS TIME. SO THEREFORE IT WOULD BE FOOLISH FOR ME TO, UH, GO ON WITH THIS. SO, 'CAUSE YOU KNOW, I DON'T WANNA LOSE MY HARD-EARNED MONEY, RIGHT? SO I AM REQUESTING A, UH, CONTINUANCE. YES, BECAUSE WE USUALLY, THE WAY YOU GUYS, THE WAY THE BOARD TOLD ME WAS WHEN THAT WOULD BE LIKE ONE OF THE FIRST ONES. THERE WOULD BE AT LEAST 11 FOLKS HERE. YEAH. WE DO NOT HAVE THEM. THE, THE COUNCIL'S OFFICE HAS APPOINTED. WE'LL HAVE MORE MEMBERS, I BELIEVE AT THE NEXT MEETING. MM-HMM. . UH, SO IF, UH, STAFF WINS THE NEXT AVAILABLE MEETING. 17TH. ALL RIGHT. SO WE HAVE AVAILABILITY ON APRIL 17TH, IF THAT'S ALL RIGHT? THAT'S PERFECTLY FINE. GREAT. UM, ONLY FOR A MOTION. MOTION TO CONTINUE TO, UH, APRIL 17TH. SECOND. SECOND BY COMMISSIONER KAPLAN. UH, LET'S HAVE A ROLL CALL. VOTE PLEASE. MR. OZUNA. I CONCUR. MS. KAPLAN I CONCUR. MR. SPILLMAN I CONCUR. MR. MIN CHAGA. I CONCUR. MR. ZUNIGA I CONCUR. MR. VASQUEZ. I CONCUR. MS. BRAGMAN? I CONCUR. CHAIR ORIAN. I I CONCUR. MR. MANNA. MR. MANNA? MAY I CONCUR? ALRIGHT, MOTION PASSES. NINE TO ZERO. YOU'RE CONTINUED. WE'LL SEE YOU ON THE 17TH AND WE'LL HAVE 11 PEOPLE UP HERE. THANK VERY MUCH. YOU HAVE A GOOD AFTERNOON. THANK YOU. ALL RIGHT, WE GOT ITEM NUMBER 10. [01:20:14] AGENDA ITEM 10. BILL O 8 23. 1 0 3 0 0 0 5 1. ADDRESS IS 39 30 SPEAR STREET COUNCIL, DISTRICT SIX, APPLICANT ISELA GARCIA. A REQUEST FOR ONE, A TWO FOOT SEVEN INCH VARIANCE FROM THE MINIMUM AND FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN ACCESSORY DOLING UNIT TO BE WITH A ONE FOOT OVERHANG TO BE TWO FOOT FIVE INCHES FROM THE SIDE PROPERTY LINES. AND TWO, A FIVE FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A FENCE TO BE 10 FEET FROM THE FRONT DRIVEWAY. THE ZONING IS R FIVE CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED ALONG SPEAR STREET, EAST OF SOUTHWEST 34TH STREET AND NORTH OF CASTROVILLE ROAD. THE APPLICANT HAS AN ACCESSORY DWELLING THAT IS LESS THAN FIVE FEET FROM THE SIDE PROPERTY LINE. THE PROPERTY OWNER STARTED THE WORK PRIOR TO OBTAINING A BUILDING PERMIT PER TO U D C ACCESSORY DO. UNITS ARE REQUIRED TO BE SET FIVE FEET FROM THE SIDE PROPERTY LINE AND CURRENTLY IS PLACED AT TWO FOOT FIVE INCHES WITH THE ONE INCH OVERHANG UPON SITE VISITS. STAFF DID NOT OBSERVE OTHER ACCESSORY DOLING UNITS IN THE IMMEDIATE AREA SITE PLAN. THE SUBJECT PROPERTY, THE ACCESSORY DWELLING UNIT BEHIND THE MAIN STRUCTURE. AND THIS IS THE SIDE SETBACK MEASUREMENT. AND THIS IS THE OVERHANG. THE ACCESSORY DWELLING UNIT HAS A UNIQUE, UH, ANGLE CORNERED HERE ON THE SIDE IN THE REAR PROPERTY LINE. AND THIS IS THE CLEAR VISION, UH, FENCE TO THE CURB AND YOUR SURROUNDING AREA. RECOMMENDATIONS SITE SETBACK VARIANCE. STAFF RECOMMENDS DENIAL M B O 8 23 1 0 3 0 0 5 1 BASED ON THE FOLLOWING FINDINGS. THE STRUCTURE IS CURRENTLY TWO FOOT FIVE INCH FROM THE SIDE PROPERTY LINE, WHICH DOES NOT OBSERVE THE SPIRIT OF THE ORDINANCE BY PREVENTING SPACE FROM THE NEIGHBORING PROPERTY. AND TWO, STAFF FOUND THE APPLICANT COULD HAVE BUILT A SIZABLE ACCESSORY DWELLING WITHOUT IMPOSING INTO THE SIDE SETBACK BECAUSE OF THE SIZE OF THE YARD. RECOMMENDATION, CLEAR VISION VARIANCE STAFF RECOMMENDS APPROVAL M B O 8 23 1 0 3 0 0 5 1 BASED ON THE FOLLOWING FINDINGS. THE PREDOMINANTLY OPEN FENCE DOES NOT IMPEDE VEHICLES FROM ENTERING OR EXITING THE PROPERTY. AND TWO, THE VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. NOTIFICATION PLAN. 35 NOTICES WERE SENT OUT. UM, I HAD A LATE UPDATE. I HAVE THREE, UH, IN FAVOR. I HAVE THE MAIN SUBJECT, 39 30 39, UH, 26 AND 39, 27 AND 30. AND THIS, UH, THIS ONE PROPERTY HERE, 39 34, UH, ZERO IN OPPOSITION. NO RESPONSE FROM LOS HARDIN'S NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE AND WILL NEED A TRANSLATOR. ALL RIGHT. THANK YOU. THANK YOU. HAVE THE APPLICANT COME FORWARD. HELLO. IF YOU COULD STATE YOUR NAME AND TELL US ABOUT YOUR CASE. UM, WHEN WAS THE GOOD AFTERNOON. MY NAME, MY NAME IS ELA GARCIA AND I'M THE OWNER OF THIS PROPERTY. SO, AND I'M HERE TO REQUEST YOUR APPROVAL IN THIS PROJECT THAT I WANNA BUILD A DEPARTMENT FOR MY DAUGHTER. SHE'S 19 YEARS OLD AND SHE MOVED AWAY ECONOMIC, THIS IS THE ONLY WAY I FIND OR I FOUND TO HELP HER WITH HER FINANCES. THAT'S IT. THANK YOU. OKAY. WE'LL SEE IF WE HAVE ANY, UH, PUBLIC COMMENTARY. IS THERE ANYONE SIGNED UP TO SPEAK? WE DO NOT HAVE ANY PUBLIC COMMENTARY. OKAY. LET'S OPEN THIS UP TO QUESTIONS. KAPLAN COMMISSIONER KAPLAN. UM, I HAVE A QUESTION FOR THE APPLICANT, JUST BECAUSE MAYBE IT'S THE TRANSLATION. DID YOU SAY THAT THIS IS AN ACCESSORY APARTMENT [01:25:01] FOR YOUR DAUGHTER? YES. AND SHE'S HERE. THAT'S ALL. I JUST WANTED TO CUT ANY OTHER QUESTIONS? THANK YOU. UM, BRAGMAN COMMISSIONER BRAGMAN, UM, I'M LOOKING AT A GOOGLE STREET VIEW AND IT APPEARS THAT THERE'S ALREADY, WAS THERE ALREADY, WAS THERE ALREADY A STRUCTURE IN BACK THERE, IN THE PLACE WHERE YOU'RE BUILDING THIS ONE? THAT IS CORRECT. OKAY. AND SO YOU'RE JUST REPLACING THE ONE THAT WAS ALREADY THERE? NO, I WANT A NEW PERMIT. OKAY. SO THE GOOGLE STREET VIEW THAT I'M LOOKING AT SHOWS A STRUCTURE IN THE BACK ALREADY. IT IS. WHAT IS WHAT I'M GOING TO FIX FOR MY DAUGHTER? CAN STAFF PULL UP THE AERIAL VIEW? IS THE GOOGLE THAT YOU HAVE PULLED UP, IS IT FROM NOVEMBER, 2022 OR IS IT ANOTHER DATE? UH, I DON'T SEE A DATE ON IT. NOVEMBER 22. OH, IS THIS A, LIKE AN AERIAL? OKAY. YEAH, IT'S AN AERIAL. YEAH, IT'S NOVEMBER 22. SO, UM, I BELIEVE THIS WAS, HOLD ON ONE SECOND. SO IN NOVEMBER, 2022 AND A CODE INVESTIGATION WAS OPENED BECAUSE OF THE BUILDING WITHOUT A PERMIT, IT WAS FOR THE STRUCTURE. SO GOOGLE IMAGERY MIGHT JUST BE FROM THAT TIME WHEN IT STARTED. OKAY. THANK YOU. THANK YOU. ANY OTHER QUESTIONS? UH, HEARING NONE? UH, IS THERE ANYTHING ELSE YOU'D LIKE TO ADD BEFORE WE MOVE ON? MY NEIGHBORS, MY NEIGHBORS ARE, ARE HERE TO SUPPORT ME. OKAY. UH, AND THANK YOU VERY MUCH. UH, WE'RE GONNA CLOSE THE PUBLIC HEARING. UM, I'LL MAKE A MOTION AND YES, COMMISSIONER KAPLAN. OKAY. UH, REGARDING CASE NUMBER BO A DASH THREE DASH 1 0 3 0 0 0 GRANT A REQUEST FOR A NINE FOOT 11. THIS IS 40, RIGHT? MM-HMM. UH, THIS IS CASE ENDING IN 51. ITEM NUMBER 10 51. GOT IT. B O A DASH 23 DASH 3 0 0 5 1. I MOVE THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A ONE A TWO FOOT SEVEN INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN ACCESSORY DWELLING UNIT WITH A ONE FOOT OVERHANG TO BE TWO FEET FIVE INCHES FROM THE SIDE PROPERTY LINES. AND TWO, A FIVE FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A FENCE TO BE 10 FEET FROM THE FRONT DRIVEWAY, SITUATED AT 39 30 SPEAR STREET. APPLICANT BEING ISLA GARCIA. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN 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 REPRESENTED BY RESTRICTED SETBACKS. TO PROVIDE AMPLE SPACING BETWEEN STRUCTURES, THE APPLICANT IS REQUESTING A VARIANCE TO THE SIDE SETBACK TO ALLOW DETACHED ACCESSORY DWELLING UNIT TO BE TWO FOOT FIVE INCHES FROM THE SIDE. PROPERTY LINE STAFF FINDS THAT THIS DISTANCE IS SUITABLE AS THE DETACHED ACCESSORY STRUCTURE IS EXISTING. ADDITIONALLY, THE CLEAR, UH, VISION REQUEST IS NOT CONTRARY AS THE FENCE IS PREDOMINANTLY OPEN. TWO, DUE TO SPECIAL CONDITIONS OF LITERAL ENFORCEMENT WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD THE APPLICANT RELOCATING THE STRUCTURE FIVE FEET FROM THE SIDE PROPERTY LINE, WHICH WOULD RESULT IN AN ADDITIONALLY, THE APPLICANT WOULD BE REQUIRED TO ALTER THE FENCE TO MEET THE MINIMUM 15 FOOT DISTANCE REQUIREMENT, AS THIS WOULD CREATE AN UNNECESSARY HARDSHIP AS THE YARD MAINTAINS LIMITED SPACE. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE ACCESSORY DWELLING WOULD BE TWO FEET, FIVE INCHES FROM THE SIDE PROPERTY LINE VARIANCE FOR THE SIDE SETBACK. SUBSTANTIAL JUSTICE WILL BE DONE. ADDITIONALLY, THE CLEAR VISION WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE WITH THE REQUESTED VARIANCE AS ADEQUATE SITE DISTANCE IS PRESENTED. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER [01:30:01] OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE STRUCTURE WILL BE TWO FEET, FIVE INCHES FROM THE SIDE PROPERTY LINE, WHICH LIKELY WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. ADDITIONALLY, THE FENCE DISTANCE WILL MAINTAIN 10 FEET FROM THE FRONT DRIVEWAY, WHICH WILL NOT LIKELY ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. UPON SITE VISITS, STAFF OBSERVED OTHER FRONTS, UH, YARD PREDOMINANTLY OPEN FENCES IN THE IMMEDIATE VICINITY. SIX, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SORTS 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 OTHER 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 OF SORT ARE NOT DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE WIDTH OF THE LOT WILL NOT ALLOW AN ACCESSORY DWELLING TO MEET THE SITE SETBACKS AND CREATE APPROPRIATE LIVING SPACE. THE REQUESTED CLEAR VISION VARIANCE PROVIDES SUITABLE SPACE BETWEEN THE RIGHT OF WAY AND FENCE END OF MOTION. SECOND, I'M GONNA, UH, AND I SECONDED IT 'CAUSE I WANTED TO ASK FOR A, A, A, AN AMENDMENT, UH, TO ITEM NUMBER TWO TO SPECIFY PREDOMINANTLY OPEN AS PART OF THE RED MOTION, THE DEFENSE. THAT'S FINE. THAT'S FINE WITH ME. OKAY, FINE WITH ME TOO. UH, OKAY. ANY, UH, COMMISSIONER KAPLAN, IF YOU'D LIKE TO START THE DISCUSSION? YEAH, I, I, FOR THIS, I USUALLY, UH, I, I DON'T REALLY AGREE SO CLOSE TO NEIGHBORS, BUT IN THIS CASE I LOOK, SAW THAT THE BUILDING IS IN THE VERY REAR OF THE PROPERTY. THERE IS NOTHING ADJACENT TO IT. THE, UH, NEIGHBORHOOD IS, IS BUILT UP. PLUS MOST OF THE NEIGHBORS SEEM TO BE, UH, FINE WITH THIS. SO I WILL CONCUR WITH THIS. UH, I AGREE. COMMISSIONER MINKA, MINKA, UH, THIS IS FOR STAFF. UH, I THINK THIS SAID THAT. WAS THE ORIGINAL FOOTPRINT USED TO BUILD THIS THING OR IS THIS A BRAND NEW A D D U? I THINK, I BELIEVE THEY'RE EXPANDING THEIR EXISTING, UM, I THINK THAT'S SOMETHING THE APPLICANT, UM, THE APPLICANT UH, MENTIONED THAT IT WAS BRAND NEW, BUT SHE DIDN'T SPECIFY WHETHER THEY DID A FULL DEMO IN RECONSTRUCTION OR WHETHER THERE WAS REUSE OF THE EXISTING SLAB. AND THE REASON I'M ASKING THAT IS THAT DOES THIS EXCEED THE DWELLING SQUARE FOOT OF THE ORIGINAL, UH, HOUSE, LIKE MORE THAN 800 SQUARE FEET OR MORE THAN 80%? THAT'S WHAT I'M CONCERNED ABOUT. RIGHT. SO BASED OFF OF THE SITE PLAN, IT LOOKS LIKE THE STRUCTURE IS GONNA BE 648 SQUARE FEET. SO IT MAINTAINS THE REQUIREMENT. ALRIGHT, THANK YOU. THANK YOU. ANY OTHER COMMENTS, QUESTIONS? ALL RIGHT. UH, LET'S HAVE A ROLL CALL. VOTE MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN. I CONCUR WITH THE FINDINGS OF FACT. MRS. SPILLMAN, I CONCUR. MR. MENCHACA. I CONCUR. MR. ZUNIGA. I CONCUR WITH THE FINDINGS OF FACT. MR. VASQUEZ. I CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA. I CONCUR. MR. MANNA ROLL VOTE. THIS IS PHILLIP. I CAN GO WITH THE FINDING THE FACT. ALL RIGHT. MOTION PASSES. NINE TO ZERO. CONGRATULATIONS. GREAT. UH, ITEM NUMBER 11. AGENDA ITEM 11 BO 8 23 1 0 3 0 0 5 2. ADDRESS IS 1817 SOUTH PRESTA STREET COUNCIL. DISTRICT ONE APPLICANT IS RINGTAIL RHINOS A REQUEST FOR ONE, A 20 FOOT VARIANCE FROM THE MINIMUM 30 FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO HAVE A 10 FOOT SIDE SETBACK AND TWO, A FIVE FOOT VARIANCE FROM THE MINIMUM AND 15 FOOT BUFFER REQUIREMENT TO ALLOW A REDUCED BUFFER OF 10 FEET IN THE NORTHERN PROPERTY LINE. UH, ZONING IS R SIX. THE SUBJECT PROPERTY IS LOCATED ALONG SOUTH, UH, PRESER STREET IN SOUTH TOWN. THE APPLICANT IS SEEKING TO CONSTRUCT A STRUCTURE THAT IS ANTICIPATED TO BE 10 FEET FROM THE SIDE PROPERTY LINE AND IS REQUESTING A 10 FOOT BUFFER ON THE NORTHERN PROPERTY LINE. SAN ANTONIO WATER SYSTEMS HAS A SEWER LINE RUNNING THROUGH THE SUBJECT PROPERTY. THE PROPERTY IS LOCATED WITHIN THE RIO FOREST ZONING OVERLAY. ANY EXTERIOR MODIFICATIONS OR NEW CONSTRUCTION WILL REQUIRE APPROVAL FROM THE OFFICE OF HISTORIC PRESERVATION IN ACCORDANCE WITH THE SAN ANTONIO CITY UNIFIED DEVELOPMENT CODE. THE OFFICE OF HISTORIC PRESERVATION RENEWS REVIEWS ALL DEMOLITION APPLICATIONS FROM ANY PROPERTY LOCATED WITHIN THE CITY OF SAN ANTONIO. APPROVAL OF A SITE PLAN OR MATERIALS SUBMITTED AS PART OF THE VARIANCE APPLICATION DOES NOT SUPERSEDE ANY REQUIREMENTS FOR DESIGN REVIEW OR DEMOLITION REVIEW OUTSIDE ARTICLE FOUR OR THE E D C TO DATE, NO APPLICATION FOR DEMOLITION OR WORK AT THIS ADDRESS TO ACCOMMODATE THE PROPOSED PROJECT HAS BEEN SUBMITTED FOR REVIEW TO THE OFFICE OF HISTORIC PRESERVATION. UH, HERE'S YOUR SITE PLAN. UH, SUBJECT PROPERTY. [01:35:02] UH, SUBJECT PROPERTY. SUBJECT PROPERTY. THIS IS AN ALLEY AND THE SURROUNDING AREAS. GO BACK TO THE ALLEY PICTURE REAL QUICK. CAN YOU, CAN YOU POINT, SO THIS IS WHERE THE ALLEY, THIS IS WHERE THE BUILDING'S GONNA GO IN THIS AREA. RIGHT HERE IN THIS, UH, HERE IS WHERE THEY'RE REQUESTING THE SETBACK AND THE LANDSCAPE BUFFER. CAN YOU POINT ON A SIDE PLAN WHERE THE ALLEY IS? YES. YEAH, IT'S LIKE, RIGHT. SO DID THEY GET ANY REDUCTION BECAUSE THEY'RE NEXT TO AN, AN ALLEY? UH, YEAH. I, I DIDN'T SEE AN ALLEY ON THE, ON THE SIDE PLAN. UM, SORRY TO INTERRUPT. YEAH, YEAH. WE'LL, WE, OH, THERE'S NO, UH, THERE'S NO ALLEY. WE'LL, WE'LL GET VERIFICATION. YEAH. WE'LL, SO GO BACK. PLEASE CONTINUE. SO, RECOMMENDATION, SO RECOMMENDATION ON SITE SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO O 8 23 1 0 3 0 0 5 2. BASED ON THE FOLLOWING, FINDING, THEY REDUCE SITE SETBACK WHEN ENCROACH ON A RESIDENTIAL AREA. AND TWO, THERE DO NOT APPEAR TO BE UNIQUE CIRCUMSTANCES PREVENTING THE APPLICANT FROM BUILDING WITHIN THE REQUIREMENTS. RECOMMENDATION FOR BUFFER VARIANCE, STAFF RECOMMENDS DENIAL AND BO O A 23 1 0 3 0 0 5 2. BASED ON THE FOLLOWING FINDINGS, THE BUFFER WILL NOT ADEQUATELY, UH, PROTECT RESIDENCES FROM LIGHT AND NOISE. AND TWO, THE REDUCED BUFFER WILL ENCROACHED ON A RESIDENTIAL AREA. THE NOTIFICATION PLAN, 49 NOTICES WERE MAILED OUT, ZERO IN FAVOR. AND ONE OPPOSITION WE GOT LATE IS 1 26. AND THE LAVACCA NEIGHBORHOOD ASSOCIATION IN R ROOSEVELT PARK NEIGHBORHOOD ASSOCIATION, UH, WITHIN 200 FEET DID NOT RESPOND. OKAY. SO ON THE, ON THE SITE PACK, ON THE SITE PACKAGE ON THE AERIAL, UH, IT SHOWS AN EXISTING STRUCTURE THAT THIS WAS DEMOED AND A NEW ONE BEING PROPOSED CLOSER TO THE PROPERTY LINE. IS THAT CORRECT? CORRECT. OKAY. DO YOU KNOW HOW FAR AWAY THE EXISTING BUILDING WAS FROM THE PROPERTY LINE? OFFHAND? NO, WE DON'T. ALL RIGHT. I DIDN'T KNOW. I'LL ASK THE APPLICANT. ALL RIGHT. THIS INCLUDES STAFF'S PRESENTATION. APPLICANT IS AVAILABLE. GREAT. LET'S SEE. HAVE THE APPLICANT COME FORWARD. PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE. MY NAME'S SEAN SEIDER. I'M WITH RING TILL RHINOS, AND, UH, SO WE'RE TRYING TO PUT UP A NEW STRUCTURE. AND WHAT YOU'RE LOOKING AT RIGHT NOW IS AN OLD, UH, LUMBER STORAGE RACK. AND SO WE WERE HOPING TO BE ABLE TO OPEN UP THE PROPERTY AND WITH THIS NEW STRUCTURE, ALLOW, UM, SOME RENTAL TO COME IN. UH, ONE PROBLEM AT THE PROPERTY IS WE HAVE A SEWER MAIN THAT RUNS DOWN THE PROPERTY. AND CAN, CAN YOU USE A LASER POINTER AND KIND OF SHOW US ON A STAFF? YOU CAN BRING THAT SIDE PLAN UP. IS THIS MM-HMM. ? YEAH, PUSH THAT BUTTON RIGHT THERE. AH, OKAY. AH, GOTCHA. OKAY. SO, UH, GO BACK, UH, AND WE'LL START HERE. SO CURRENTLY THERE'S A WOOD, THE RUSTY ROOF WOOD BUILDING IS HERE. MM-HMM. . AND WE HAVE, SAWS HAS A MAIN THAT COMES ALONG THIS BUILDING, WHICH IS EXISTING DOWN THIS WAY, AND THEN OUT THE PROPERTY. IS THAT MAIN UNDERNEATH THE EXISTING BUILDING? YES. THAT'S AGAINST THE STREET? YES, IT IS. IT IS. OKAY. IT'S OLD. I MEAN, IT'S, IT'S FROM THE EARLY 19 HUNDREDS. YOU CAN, I THINK THIS, THAT THE PICTURE, UH, SO THAT'S THE FRONT. SO THIS BUILDING HERE, THIS IS EXISTING, NOTHING HAS BEEN DEMOLISHED. THERE'S BEEN NO STRUCTURES REMOVED FROM THE PROPERTY. WAIT, IS THE, IS THE, UH, YOU SAID 1900 HAS, UH, DOES SOURCE, IS IT AN ACTIVE, UH, EASEMENT? IN OTHER WORDS, DO THEY ACTIVELY HAVE PIPES OR WHATEVER UNDERNEATH? YES, THEY DO. OH, THEY DO. AND IT'S NOT REALLY A PIPE, IT'S A BRICK STRUCTURE. IT'S ACTUALLY KIND OF COOL IF YOU GET TO SEE IT. BUT, UH, ANYWAY, SO THAT STRUCTURE, THAT, THAT SEWER MAIN IS UNDER THIS BUILDING RIGHT HERE AND SAW, HAS TO COME ONTO OUR PROPERTY. AND THEY CANNOT ACCESS THIS MAIN, THEY CAN'T SERVICE IT. AND SO THEY HAVE, THEY HAVE NOT SERVICED THIS UNIT AT ALL, OR THIS MAIN, SO ONE REASON WE'RE ASKING FOR THE SETBACK IS, SO WE WANT TO REMOVE THIS BUILDING, AND THEN WE WANT TO BE ABLE TO PUSH THE NEW BUILDING BACK TOWARDS THE FENCE. AND SO SAWS CAN GAIN ACCESS TO THE LINE. AND THEN WE CAN ALSO PICK UP THE SPACE WE NEED FOR INGRESS AND EGRESS IN THE PROPERTY. 'CAUSE RIGHT NOW, IF YOU VIEW, IS THERE A AERIAL FROM GOOGLE? WE CAN BRING THAT UP ON THE APPLICATION. I BELIEVE SOMETHING. THERE WE GO. CAN YOU [01:40:01] ZOOM IN A LITTLE BIT? THERE WE ARE. SO, OKAY, SEWER COMES HERE TO HERE DOWN THIS BUILDING. THIS IS WHERE THERE'S A MANHOLE UNDER THIS BUILDING CURRENTLY THAT THEY CANNOT GET ACCESS TO. AND THEN IT COMES OUT THIS WAY TOWARDS ROOSEVELT. SO WHAT WE'RE ASKING TO DO IS NEW BUILDING WOULD BE PUSHED BACK. SO, SO SAWS CAN GAIN ACCESS TO THEIR LINE, BUT IT ALSO FREES OUR SPACE UP IN HERE FOR PEOPLE TO PULL IN AND PULL OUT. OKAY. ALL RIGHT. COMMISSIONER, WHAT ARE YOU GONNA DO FOR, UH, A BUFFER ZONE? YOU SAID YOU WANNA ALSO DECREASE YOUR BUFFER ZONE, BUT YOU'RE, YOU'RE REAL CLOSE TO THE NEIGHBORING PROPERTY, SO HOW ARE YOU GONNA AMELIORATE THAT PROBLEM? WE ARE VERY CLOSE TO THE NEIGHBORING PROPERTIES. AND SO ONE THOUGHT WAS TO HAVE A NATURE BUFFER, ESSENTIALLY SOME KIND OF GREENERY. UH, WE ALSO TALKED TO THE NEIGHBOR WHO FILED THE COMPLAINT, OR, OR THE OPPOSITION. AND, UH, WE TOLD HIM ESSENTIALLY LIKE, YOU KNOW, WE'RE WILLING TO REDUCE SIDEWALL HEIGHT TO REDUCE STRUCTURE. UM, BUT THE BEST BUFFER THAT WE CAN COME UP WITH IS SOME KIND, SOME FORM OF NATURE BUFFER. UH, WHETHER THAT BE SHRUBS, TREES, YOU KNOW, SOME WHAT, WHATEVER IT TAKES TO SATISFY THE NEIGHBOR, THEY, WILL, THEY BE HAPPY WITH THAT? CAN YOU, CAN YOU ? I DON'T KNOW. GET THEM? OKAY. YEAH. UH, THE, THE NEIGHBOR WHO DID COMPLAIN REACHED OUT TO ME AND SAID, YOU KNOW, I'M WILLING TO WORK WITH YOU. WISH WE WOULD'VE TALKED EARLIER. BUT, YOU KNOW, I, I CAN'T, UH, NO, NOBODY ELSE HAS ANY OPPOSITION TO THIS. OKAY. COMMISSIONER ZUNIGA, YOU WERE TALKING ABOUT SAWS HAVING A PIPE THERE. YES, SIR. ARE YOU GOING TO BUILD ON TOP OF IT OR NO, SIR? NO, SIR. IS THAT ONLY A NIPPLE OR IS IT A TRANSFER STATION THAT THEY WERE GOING USING FOR IT? I BROUGHT UP THE SEWER LINE. IT'S RIGHT THERE AS FAR AS I, IT IS JUST A MANHOLE SO THAT THEY CAN RUN THEIR EQUIPMENT DOWN INTO THE SEWER. OKAY. BUT IT WON'T BE TRANSFERRED LINE, YOU KNOW, IN THE YEARS TO COME. IS THERE A SITE SITE PLAN? UH, I AM NOT A HUNDRED PERCENT SURE. THIS IS JUST VERY EXPLORATORY FOR US. WE WANTED TO COME AND SEE WHAT WE COULD DO BEFORE WE REALLY DEVELOPED A, A HARD, UH, SITE PLAN. IS THIS A SKETCH, UH, FROM, UH, SAWS OR DO YOU HAVE A I DO HAVE SOMETHING FROM SAUCE OR I, I DO HAVE SOMETHING FROM SAWS THAT'S ON PAPER FORMAT IF Y'ALL WANNA SEE THAT. OKAY. THANK, OR IF YOU COULD PULL IT UP VIA, UH, THE SAWS DOCUMENT OR WEBSITE. WE GOT SOME LATEST NO, I GOT THAT. NO, THAT'S, CAN I GIVE THIS TO YOU OR DO I GIVE IT TO THESE GUYS? SO THIS IS WHAT, UH, WE RECEIVED FROM SAWS UP HERE ON THE BIG SCREEN. OH, THERE WE GO. COOL. THEY DID VERIFY THAT THERE IS NO EASEMENT BECAUSE OF THE PLATTING, BUT UH, THEY DID GIVE ME THIS RIGHT HERE, WHICH, SO THERE'S A, THEY HAVE AN IMPLIED EASEMENT THEN SAY AGAIN THERE, THERE'S AN IMPLIED EASEMENT BECAUSE THERE'S AN ACTIVE OF MAINE, BUT IT'S JUST REALLY OLD, CORRECT? WELL, YEAH, THE PLAN DEPARTMENT, UH, FOLKS LOOKED FOR AN EASEMENT ON A PLAT. THEY COULD NOT FIND ONE. SO I BELIEVE YOU'RE CORRECT FROM WHAT YOU JUST SAID. OKAY. WELL, UM, IS THAT COMMISSIONER KAPLAN? NO, I JUST, I I JUST MAKE A COMMENT. UH, WE'VE HAD THINGS LIKE THIS BEFORE. NOT EXACTLY THIS ONE, BUT, YOU KNOW, ONE OF THE ISSUES WE LOOK FOR IS THAT THE NEIGHBORS ARE OKAY BECAUSE IT IS VERY CLOSE WHAT YOU'RE DOING. MM-HMM. TO THEM. I'D LIKE TO SEE A LITTLE BIT MORE, YOU EXPLORE A LITTLE BIT MORE WITH THE NEIGHBORS TO GET EVERYBODY, UH, TO FEEL COMFORTABLE WITH WHAT YOUR PLANS ARE AND HOW YOU'RE GOING TO, UM, SCREEN THE PROPERTY. OKAY. I THINK THAT WOULD PROBABLY BE MORE APPROPRIATE, AND THEN EVERYBODY TO FEEL COMFORTABLE WITH THIS. YEAH. PRESENTATION. YEAH. AND I JUST WANTED TO ADD THAT I, WHILE WE WERE LISTENING, I PULLED UP SAPS, UH, AND THAT YOU HAVE A 24 INCH SEWER LINE THERE AND IT'S ABOUT 18 FEET DEEP. YEAH. SO IT'S, IT'S PRETTY SUBSTANTIAL. . ANYBODY WANTS TO SEE HE CAN COME. I HAVE IT ON THIS SCREEN. WHAT, WHAT KIND OF EASEMENT USUALLY DOES THAT REQUIRE IF HE WAS TO GO THROUGH THE BUS? WELL, THERE'S NO, BECAUSE IT'S COMING OFF OF THE STREET, THEY WOULD NORMALLY WANT LIKE A, UM, LIKE A 20 FOOT. SO THEY DRIVE OVER. YEAH. TRUCK. YEAH, THEY'D, I MEAN, IT WOULD BE AS LOW AS A 12 WOULD BECAUSE IT'S NOT PARALLELING RIGHT AWAY. THEY'D [01:45:01] WANT MORE 16 OR 20, MORE LIKE 20 BECAUSE OF THE DEPTH AND THE SIZE. COMMISSIONER MACHACA, DO YOU HAVE A QUESTION? I HAVE A QUESTION FOR THE APPLICANT. THAT PROPOSED METAL BUILDING THAT YOU'RE SHOWING ON THE, ON THE PLAN, WHAT'S BEHIND THAT? UH, WELL, ON THE BUILDING. WELL, AS FAR AS THE MOTIVATION BEHIND IT, THAT'S, IT JUST SAYS METAL BUILDING, BUT THE CONSTRUCTION, WHAT'S AT THE REAR OF THAT? FACING THE OTHER PROPERTIES? UH, CURRENTLY IT'S JUST, UH, IT WOULD JUST BE A, A METAL FACADE. SO THERE'S NO LIGHTING BACK THERE OR ANY KIND OF SECURITY KIND OF THING? NO, NO LIGHTING, NO SECURITY. YOU'RE WELCOME. ALRIGHT. ALL RIGHT. AND YOU AND YOU, AND, AND I KNOW YOU MENTIONED THIS BEFORE, IF YOU BUILD THIS BUILDING, YOU WILL DEFINITELY NOT BE OVER THAT SEWER LINE ANYMORE. THAT'S THE GOAL IS NOT TO BE OVER THE, THE LINE. OKAY. THANK YOU. ANY OTHER QUESTIONS? HEARING NONE. I'M LOOKING FOR A MOTION. NO, NO. THE OPPOSITION PEOPLE. I APOLOGIZE. UH, IS ANYBODY SENATOR TO SPEAK? YES, WE DO HAVE TWO VOICEMAILS. OKAY. SOME. THIS IS CHUCK HARRISON. MY ADDRESS IS 1 1 8 DE VIRA PLACE. I'M RESPONDING TO BO A 2 3 1 0 3 0 0 0 5 2. GOOD DAY. ALL I WISH TO REGISTER MY OPPOSITION TO THIS PROPOSED VARIANCE AND BUFFER REDUCTION. I BELIEVE THAT THE EXISTING SETBACKS MANDATED BY ZONING WERE PUT IN PLACE FOR A VERY GOOD REASON. THE PRESERVATION OF ADJACENT PROPERTY OWNER'S ABILITY TO ENJOY OUR PROPERTY, THE EXISTING SETBACKS SERVE TO PROTECT VICTOR STREET HOMEOWNERS FROM THE NOISE SIDE, SMELLS AND BUST OF COMMERCIAL ACTIVITIES OF TOWERING 180 FOOT LONG METAL BUILDING. 10 FEET BEHIND OUR BACKYARDS WILL NOT ONLY BE UNSIGHTLY, WILL BLOCK ANY CHANCE OF THE COOLING PREVAILING BREEZE AND AS, UH, INAPPROPRIATE GIVEN THE NATURE OF THE AFFECTED RESIDENTIAL PROPERTIES. IN ADDITION, THESE PROPOSED ADJUSTMENTS WILL ALMOST CERTAINLY RESULT IN MASSIVE REDUCTION OF MATURE TREE CANOPIES FOR CONSTRUCTION ACTIVITIES. I CAN UNDERSTAND THE DESIRE OF APPLICANT TO CONVERT 10,900 SQUARE FEET OF SETBACKS TO BUILDABLE PROPERTY. THAT SAID, WITH A 78,000 SQUARE FOOT LOT, THE SOLUTION HERE IS ARCHITECTURAL BUILD A DESIGN APPROPRIATE TO THE SIDE AND SETBACKS AND DON'T CHANGE THE RULES FOR ONE TO THE DETRIMENT OF MANY. THANK YOU FOR HEARING ME OUT. I APPRECIATE YOUR TIME AND CONSIDERATION. HELLO, THIS IS DANIEL AND KIT DIAZ AT 1 1 0 VITRO PLACE SAN ANTONIO 7 8 2 1 0. I'M CALLING IN RESPONSE TO LETTER I RECEIVED. THE NUMBER IS, UH, B O A DASH 23 DASH 1 0 3 0 0 0 5 2. I'M CALLING TO LET YOU KNOW THAT WE ARE IN OPPOSITION TO THE CURRENT REQUEST, WHICH IS FOR A 20 FOOT VARIANCE WITH A 10 FOOT SETBACK. THE VARIANCE REQUEST IS IN REGARDS TO THE ADDRESS 1 8 1 7 SOUTH CRESTA STREET. THE REASON FOR MY OPPOSITION IS THE HEIGHT AND THE LENGTH OF THAT BUILDING AND THE PROXIMITY TO OUR BACK PROPERTY LINE IS GONNA CREATE A COMPLETE WIND BLOCK. UH, IF IT WERE TO BE ERECTED AT OVER 24 FEET AND A HUNDRED SOMETHING FEET LONG, THERE'LL BE ABSOLUTELY NO BREEZE ON THE BACK OF OUR PROPERTY, WHICH FACES THE SOUTH. THE PREDOMINANT WINDS IN THIS AREA IN THE SOUTH ARE SOUTH, SOUTHEAST, SOUTHWEST, NEARLY ALL YEAR LONG. WE WOULD BE COMPLETELY DAMNED IN REGARDS TO WIND IN OUR BACKYARD, AND THAT WOULD MAKE FOR A LOUSY, MISERABLE SUMMER IN THESE PARTS. THANK YOU. MY PHONE NUMBER IS (210) 843-7166. UH, WE DO HAVE AN ADDITIONAL, UH, LETTER WE NEED TO SHOW FROM THE NEIGHBORHOOD ASSOCIATION. [01:50:08] AND THIS IS A RECOMMENDATION OF, UH, DENIAL FROM THE LAVACCA NEIGHBORHOOD ASSOCIATION. AND I BELIEVE WE HAVE ONE MORE. IF YOU CAN GO DOWN. SHOULD BE THE LAST PAGE. KEEP GOING NOW. OKAY. THIS ONE WAS RECEIVED RIGHT? UH, THIS OVER THE WEEKEND. IS ANYBODY SIGNED UP TO SPEAK? NO, JUST THE, UH, VOICEMAIL, SIR. OKAY. THOSE ARE ALL THE PUBLIC COMMENTS. ALL RIGHT, THANK YOU. THIS, UH, COMMISSIONER OF QUESTIONS, MR. CHAIRMAN? YES. IS THERE, UH, SOME PEOPLE IN THE AUDIENCE THAT WANT TO SPEAK? WELL, THAT'S WHAT I WAS ASKING. IS THERE ANYONE IN THE GALLERY THAT CAME HERE TO YOU? YOU, DID YOU WANT TO COME UP TO SAY ANYTHING? NO, JUST OUR WORDS. MA MA'AM, PLEASE GIVE, UH, UM, STATE YOUR NAME FOR THE RECORD. MY NAME IS ASHLEY CAESAR. UH, THIS IS ACTUALLY FROM MY HUSBAND ROBERT. WE TOTALLY SUPPORT OUR NEIGHBORS, YOU KNOW, DOING WHAT THEY WISH WITH THEIR PROPERTY. WE JUST FEEL LIKE THE 10, 10 FEET IS WAY TOO CLOSE. UM, AND SIMILAR TO THE OTHER NEIGHBOR'S CONCERNS, IT GETS VERY HOT HERE IN TEXAS. SO IF THERE'S A STRUCTURE, YOU KNOW, 10 FEET BEHIND OUR BACKYARD, WHICH IS GENERALLY PRETTY BREEZY AT THE MOMENT, IT'S, IT'S GONNA BE PRETTY MISERABLE FOR US. SO WE'RE JUST HOPING THAT WE CAN FIND A SOLUTION TO, TO SET IT BACK A LITTLE BIT FURTHER. OKAY. AND, AND WHILE YOU'RE UP HERE, DID, DID THE, UH, APPLICANTS, UH, ATTEMPT TO MEET WITH ANYBODY, YOUR NEIGHBORS THAT YOU KNOW OF? UM, WE ACTUALLY ARE LEASING THE PROPERTY, UM, BUT OUR NEIGHBORS LET US KNOW THAT THERE WAS A LETTER THAT WENT OUT, SO YES THEY DID. I BELIEVE THEY DID TRY TO CONTACT EVERYONE. OKAY. ALRIGHT. THANK YOU VERY MUCH. SURE. AND IF YOU, SO WHAT YOU'RE SAYING THAT EQUALITY OF LIFE, HEALTH AND SECURITY WILL BE AFFECTED? IT, IT'S REALLY MORE ABOUT JUST PERSONAL SPACE AS WELL, YOU KNOW, UH, PRIVACY. AND WE ACTUALLY DON'T MIND THE LUND YARD THAT THEY HAVE NOW, WHICH IS ALSO A LARGE STRUCTURE IN ITSELF. UM, WE'RE JUST WORRIED ABOUT THE PROXIMITY TO, TO OUR BACK FENCE. COMMISSIONER BREGMAN, THIS, UH, QUESTION IS FOR THE APPLICANT. SURE. AND, AND MISS, UH, IF YOU COULD GIVE YOUR NAME TO STAFF, 'CAUSE IT I CAN RIGHT DOWN. UM, THE EXISTING BUILDING THAT YOU ARE, THAT I'M SEEING ON THE AERIAL VIEW, IT, IT'S THE EXISTING BUILDING THAT YOU ARE GOING TO TEAR DOWN AND PROPOSE TO BUILD ANOTHER STRUCTURE, CORRECT? UH, YES MA'AM. THAT IS CORRECT. HOW FAR FROM THE PROPERTY LINE IS THE EXISTING BUILDING? UH, I BELIEVE IT'S, UH, 50 FEET RIGHT NOW. ALRIGHT. THIS IS FOR, UH, MRS. CAESAR. I HAVE QUESTION FOR YOU. IS THERE ANYTHING THE APPLICANT COULD DO TO, UM, ALLEVIATE YOUR ANXIETIES ABOUT THIS BUILDING? I, ISAIAH MENTIONED, I THINK IT'S REALLY JUST THE DISTANCE THAT WE WOULD LIKE THEM TO RECONSIDER. UM, WE UNDER, IT'S THEIR PROPERTY, YOU KNOW, THEY CAN DO AS THEY WISH WITH IT. WE JUST, WE JUST ARE NOT HAPPY ABOUT HOW CLOSE THEY'RE WANTING TO BUILD. SO NO SCREENING, NO SCREENING WOULD MAKE YOU HAPPY THEN? UM, WE'RE OPEN TO IT, BUT WE WOULD PREFER THAT WE PUSH THE DISTANCE BACK. IS THERE A NUMBER THAT YOU HAVE IN MIND? A NUMBER? UM, BECAUSE THEY'RE ASKING TO BE 10 FEET AWAY FROM THE PROPERTY. CURRENTLY THE BUILDING'S 50 MM-HMM. , SO, AND THE CODE REQUIRES 30. YEAH. UM, AND, AND HIS, AND THE REASON WHY HE'S DOING THIS, HE'S TRYING TO GET OUT FROM UNDERNEATH THAT, RIGHT. THAT SEWER MAIN. SO IS THERE, I MEAN, IS THERE, I MEAN, IF HE'S, I THINK IF 30 IS THERE, THEN IT'S THERE FOR A REASON AND WE CAN'T ASK HIM TO N YOU KNOW, TO PUSH FURTHER THAN THAT. SO IF 30 STILL ALLOWS THEM TO ACCOMPLISH THEIR GOAL, UM, AND I THINK IT WOULD MAKE A LOT OF US A LITTLE BIT MORE COMFORTABLE TOO. ALRIGHT. THANK YOU VERY MUCH. COOL. THANK YOU. AND ANY OTHER QUESTIONS FROM THE COMMISSION? OKAY. UM, SIR, IF YOU'VE HEARD SOME, UM, OPPOSITION, IS THERE ANYTHING YOU'D LIKE TO ADD BEFORE WE DELIBERATE? YEAH, IN RESPONSE TO ONE OF THE VOICEMAILS THAT WERE LEFT, UH, I BELIEVE HIS NAME IS DAN. UM, ONE OF THE IMAGES, HE HAS A ABOUT, UH, 14 TO 12 FOOT TALL, UH, METAL FENCE IN HIS BACKYARD. SO OUR STRUCTURE IS 12 FOOT TALL AT, AT, AT THE, AT THE SIDEWALL. AND SO, YOU KNOW, I DON'T KNOW WHY DAN WOULD BE OPEN, NOT OPEN TO A BUILDINGS THAT 10 FOOT BACK, BUT THEN HE HAS A METAL FENCE THAT'S ROUGHLY 12 FOOT TALL OR 10 FOOT TALL IN HIS BACKYARD. SO, YOU KNOW, I GET THE BREEZE THING, IT MAKES SENSE. WE'RE NOT TAKING DOWN ANY TREES, THERE'S NO TREES IN THAT AREA TO TAKE DOWN AS WELL. UM, SO IN, IN, IN ADDITION, YOU CAN SEE THAT WE HAVE RAILROAD TRACKS GOING ALONG. UH, OUR PROPERTY LINE CURRENTLY, UH, THIS WOULD ACTUALLY PROBABLY BE A GOOD BUFFER FOR THESE FOLKS AS WELL BECAUSE [01:55:01] WE DO GET A LOT OF TRAIN NOISE, WE GET HORNS, WE GET DIESEL SMOKE, ALL KINDS OF LOVELY THINGS THAT COME OFF THE TRAIN. SO, AND ON TOP OF THAT, IF YOU LOOK AT THE AERIAL, THE HOUSES, THE, THE ONE WITH A GREEN ROOF, THAT'S CHUCK'S HOUSE. UH, HIS HOUSE SITS ABOUT 40 FEET TO 50. ACTUALLY, IT'S, I THINK IT'S MORE THAN THAT. THE ARCHITECT LAID IT OUT. UH, IT'S ABOUT 50 TO 60 FEET FROM HIS BACK PROPERTY LINE. SO IS HE, YOU KNOW, IS HE SUFFERING FROM NO AIR DURING THEIR SUMMER? QUESTIONABLE. BUT, YOU KNOW, AND THE, THE, THE, THE LAST, UH, COMMENT I'M GONNA MAKE IS THE RENTER, THE, THE RENTAL OWNER ON THE FAR, FAR END THERE IN THE AERIAL. UM, YOU KNOW, HI, HIS PROPERTY LINE WILL BE PARTIALLY IMPACTED. OKAY. AND, UH, SO I HAVE A, A FOLLOW UP QUESTION. SURE. YOU HAD MENTIONED THAT, UH, YOU WERE GONNA BUILD THIS FOR RENTAL PURPOSES. YES, SIR. WHAT ARE YOU ATTEMPTING TO RENT OUT? UH, KIND OF LIKE JUST COMMERCIAL OFFICE SPACE OR WHAT? UH, MORE LIKE ARTIST WORKSPACES. UM, NOTHING INDUSTRIAL, NOTHING LOUD. WE'RE GONNA TRY TO KEEP IT AT A MINIMUM. UM, SO THAT'S THE GOAL. ALL RIGHT. THANK YOU. I'M GONNA CLOSE UP BRAMAN UH, COMMISSIONER BRAMAN ONE NEXT QUESTION. UM, YOU SAID THAT THE, THE STRUCTURE THAT YOU'RE TEARING DOWN IS ABOUT 50 FEET FROM THE PROPERTY LINE. HOW MUCH LONGER, HOW MUCH LONGER A BUILDING ARE YOU PROPOSING TO BUILD THAN THE ONE THAT'S CURRENTLY EXISTING? UH, I BELIEVE THAT THEY'RE ON AVERAGE ABOUT THE SAME LENGTH CURRENTLY. OKAY. SO ESSENTIALLY WE'RE JUST PICKING UP THAT BUILDING AND KIND OF PUSHING IT BACK. THAT'S THE GOAL. SO YOU NEVER HAD A, A MEETING WITH THE RESIDENTS AROUND THERE? NO, SIR. THIS WAS VERY EXPLORATORY. IN HINDSIGHT BEING 2020, WE SHOULD HAVE MET WITH EVERYBODY AND WENT AROUND AND WOULD AND HAD A CONVERSATION. WOULD YOU MIND MEETING WITH THE RESIDENTS AND NOT AT ALL, GETTING THEM MORE INFORMATION BEFORE COMING BACK TO US? BECAUSE IT'D BE MUCH EASIER IF WE DIDN'T HAVE ALL THIS OPPOSITION. YEAH, YEAH. PRESENTATION WOULD BE IS IS LACKING. UM, THIS IS JUST VERY EXPLORATORY FOR US. UM, WE HAVE A LOT OF HINDRANCES GOING ON, SO WE DIDN'T WANNA INVEST, YOU KNOW, THOUSANDS AND THOUSANDS OF DOLLARS IF Y'ALL WERE JUST LIKE, NO WAY. GET OUTTA HERE TURKEY. SO, WELL, THERE'S, AND, AND, UH, SO IF I HEAR WHAT THE COMMISSION'S SAYING, REQUEST A CONTINUANCE. SURE. OKAY. SO, UH, COMMISSIONER? YES, COMMISSIONER. UM, SORRY, IT'S UP TO YOU, BUT, UH, WE DO HAVE ONE ADDITIONAL, UH, SIGNUP PERSON THAT JUST SIGNED UP. IT'S UP TO YOU WHETHER, UM, YEAH, WE CAN HEAR. ALRIGHT MA'AM. HELLO, MY NAME IS RITA PEARSON AND I'M AT 1 1 8 VITREOUS STREET, AND I'M IN CHUCK'S WIFE IN THE, IN THE, THE HOUSE WITH, I'M SORRY. YEAH, YOU HAVE TO GET REALLY CLOSE TO THE MICS THAT I HAVE TO GET REALLY CLOSE. OKAY. YEAH. SORRY. MY NAME IS RITA PEARSON. I LIVE AT 1 1 8 VITREOUS STREET, AND I ACTUALLY LIVE IN THE HOUSE WITH THE GREEN ROOF WITH CHUCK. HE'S MY HUSBAND. UM, OKAY. I HAVE A PREPARED STATEMENT. I GUESS OUR PROPERTY'S ADJACENT TO THE NORTHERN EDGE AND WE KNEW IT WAS COMMERCIAL PROPERTY WHEN WE BOUGHT IT. UM, BUT WE LOOKED AT THE ORDINANCES THAT SAN ANTONIO HAS IN PLACE AND WE WERE COMFORTABLE WITH THEM. UM, SO I WISH TO EXPRESS MY OPPOSITION TO THIS, UM, OUR DAUGHTER AND HER FAM, HER GROWING FAMILY LIVE NEARBY. THAT'S WHY WE PURCHASED THIS HOUSE. WE PLAN ON LIVING IN IT FOR MANY YEARS. UM, WE IN, I'M, I GOT, OKAY, SO I'M SURE THAT THE, THESE, UH, THE PROPERTY OWNERS KNEW ABOUT THESE REGULATIONS AND WE ARE WILLING TO WORK WITH THEM TOO, BECAUSE MY HUSBAND AND I HAVE BEEN INVOLVED IN, IN A NUMBER OF, OF BUILDING PROJECTS IN OTHER AREAS. BUT 10 FEET IS JUST TOO CLOSE. MY BACKYARD IS VERY IMPORTANT TO ME. I'M A GARDENER. I'M A BIRDER. THERE ARE TWO LARGE PECAN TREES, ONE RIGHT ON THE EDGE OF OUR PROPERTY. AND I'M REALLY AFRAID THAT, THAT THIS STRUCTURE, THE STRUCTURE BEING SO CLOSE IS GOING TO INTERFERE WITH THOSE TREES AND KILL THEM. UM, I, UH, ANYWAY, SO I GUESS THAT'S ABOUT IT. I THINK THAT EVERYBODY ELSE HAS SAID PRETTY MUCH WHAT I, THE OTHER THINGS THAT I WANTED TO SAY, I JUST DO THINK THAT, UM, I THINK WE CAN WORK TOGETHER. OKAY. SO, SO BEF WE'VE HEARD A LOT ABOUT THIS AND, AND WHAT CAN HAPPEN IS WE CAN, WE CAN ENTERTAIN A VOTE NOW OR, BUT WE DO HAVE NINE MEMBERS AND I AM EXTENDING, UH, OFFERS OF A CONTINUANCE, UH, TO, TO PEOPLE WHEN THERE'S ONLY NINE AND THERE'S DENIALS. UM, AND WHAT THIS, AND WHAT THAT MEANS IS THAT IF THIS WERE TO COME BACK, WHAT WE WOULD LIKE TO SEE, UH, IS FOR THE APPLICANT TO HAVE, [02:00:01] UH, SPOKEN MORE WITH THE NEIGHBORS. AND IF THERE'S, I THINK THAT'D BE A GREAT IDEA. AND IF THERE'S A DESIGN THAT POTENTIALLY, UH, COULD MAKE THE NEIGHBORS HAPPY, WE'D LIKE TO KNOW. YOU KNOW, MAYBE IT'S A LITTLE FURTHER THAN 10. UM, BUT ONE OF THE, ONE OF THE REASONS I THAT, ONE OF THE THINGS I WOULD LIKE TO BRING UP IS THAT THIS, THE APPLICANT IS ATTEMPTING TO DO A PUBLIC GOOD BY TRYING TO GET OUT OF THAT TRANSMISSION. SEWER MAIN. A 24 INCH SEWER MAIN IS, IS PRETTY BIG. I UNDERSTAND THAT. SO I, I JUST, UH, I JUST HOPE THAT Y'ALL CAN WORK TOGETHER AND, AND COME UP WITH SOMETHING POTENTIALLY THAT YOU BOTH CAN LIVE WITH AND WE'D LIKE TO HEAR ABOUT IT. SO WITH THAT, I'M LOOKING FOR A MOTION FOR CONTINUANCE. I, I, I HAD A COMMENT IF I PLEASE. YES. COMMISSIONER SPIEL. UM, WHEN I SAW THE SEWER LINE, IT LOOKS LIKE IT COMES KIND OF A V THROUGH THROUGH THE, UH, UH, LOT THAT YOU HAVE. YES SIR. UM, IS THERE ANY WAY YOU COULD ACCOMMODATE IT, UH, THE SAME SPACE YOU'RE TALKING ABOUT IN TWO SEPARATE BUILDINGS AND KINDA MOVE IT A LITTLE FURTHER AWAY FROM THE V TO LEAVE THAT PART OPEN? WOULD THAT, UH, OFFER YOU OR YOU NEED IT ALL IN ONE BUILDING? WE WOULD PREFER IT TO BE IN ONE BUILDING. UH, INSTEAD OF TWO SEPARATE BUILDINGS, THE SEWER MAIN, IT KIND OF COMES INTO THE, INTO THE PROPERTY AND BACK OUT. AND ANOTHER THING WE'RE LOOKING FOR IS SOME EASY FORM OF INGRESS AND EGRESS. RIGHT NOW WE'RE KIND OF PIGEONHOLED AND IT'S, IT'S, IT'S HARD TO HAVE, IF WE WERE TO LEASE THIS OUT, THE, THE INGRESS AND EGRESS FOR POTENTIAL RENTERS WOULD BE REALLY TOUGH. SO THIS MADE THE MOST SENSE AND IT MADE THE MOST SENSE WITH THE ARCHITECT WHO HELPED US WITH THE LAYOUT. AND SO THAT'S WHAT WE, WE KIND OF CAME UP WITH AFTER SEVERAL ITERATIONS. OKAY. LEMME ASK YOU, AND JUST TO NOTE, WE ARE MORE THAN WILLING TO WORK WITH THE NEIGHBORS IN TRYING TO COME TO SOME KIND OF SOLUTION. THIS ISN'T LIKE THIS, IT HAS TO BE THIS. THAT'S NOT HOW WE OPERATE. YEAH, THAT'S WHAT WE, WE LIKE TO HEAR THAT. UH, COMMISSIONER ZUNIGA. YES. I MEAN, THAT'S EXACTLY WHAT, UH, I WAS GONNA ASK YOU TO MEET WITH 'EM AND HAVE MORE SPECIFIC PLANTS, YOU KNOW, AND REALLY THE SCHEDULES OF WHAT'S GOING TO BE THERE AND YOU KNOW, HOW TALL OR YOU'VE HEARD THEIR CONCERNS YES, SIR. ABOUT THE WEATHER, ET CETERA. AND IT'D BE, HAVE A BUSINESS MEETING WITH 'EM, YOU KNOW, AND THERE'S A COUPLE IN THE AUDIENCE RIGHT NOW THEY CAN GET, AND NOT A SOCIAL MEETING. I MEAN, YOU, FOR YOU TO HAVE ENOUGH INFORMATION AND FOR THEM ALREADY TO HAVE THE INFORMATION. SO IF THEY AGREE WITH IT, YOU CAN TALK TO 'EM HERE. AND NOW I MOVE FOR A CONTINUOUS MR. CHAIRMAN. SURE. UH, WE HAVE A MOTION FOR CONTINUOUS. WHEN, WHEN WOULD BE ENOUGH TIME TO DO THIS? LIKE A MONTH? UH, UM, I THINK A MONTH WOULD BE GOOD. UM, I DO HAVE TO GET WITH THE ARCHITECTS AND ALL THAT. SO IS IT POSSIBLE IF, SO WE'RE LOOKING AT, UH, THE MAY 1ST. OKAY. SO WE'RE LOOKING FOR CONTINUANCE TO MAY 1ST. IS THERE A SECOND? SECOND. SECOND. I HAVE A MOTION FOR A CONTINUANCE AND A SECOND. LET'S TAKE A ROLL CALL. VOTE PLEASE TO MAY 1ST, MR. ZUNIGA MANNA COMMISSIONER MANNA RESIDENT. UM, A LITTLE BIT DELAYED IN THE CONVERSATION HERE, BUT, UM, ONE OF THE QUESTIONS I HAD FOR THE APPLICANT HERE IS, UM, RIGHT NOW THEY'RE TALKING ABOUT, UM, ABUTTING THE PROPERTY AGAINST THE, UH, RESIDENTIAL PROPERTIES. AND THE QUESTION I HAD IS, COULD THE SAME THING OCCUR ALONG THE LINE OF, UH, I GUESS PARALLELING THE, UH, RAILROAD TRACKS? SO HE'S, HE'S WONDERING IF THERE'S A, UM, A WAY FOR YOU TO CONSTRUCT MORE PARALLEL TO THE RAILROAD TRACK AND, AND TO BE OUTSIDE OF THE SEWER EASEMENT. CORRECT? UH, I BELIEVE THAT IF WE DO THAT, THEN WE'RE STILL OVER THE SEWER WITH THIS, THE SIZE OF BUILDING THAT WE'RE TRYING TO, UH, FIT ONTO THE PROPERTY. OKAY. AND STAFF, WHAT WOULD BE THE SETBACK FROM THE RAILROAD TRACK SIDE? LIKE 10 FEET? UH, GIMME ONE SECOND. YEAH, THESE WOULD BE ISSUES THAT, YOU KNOW, TO ENTER, THAT'LL COME UP AS YOU'RE DISCUSSING WITH THE NEIGHBORS. I MEAN, COULD YOU MOVE THE BUILDING SOMEWHERE ELSE? WHAT DOES THAT ENTAIL? NO, UH, STAFF. SO IT'S NOT A BUDDING ANY RESIDENTIAL, WHICH IS WHERE SETBACKS FOR, UH, SIDE SETBACKS FOR, UM, COMMERCIAL WOULD KICK IN. SO HE WOULD NOT HAVE A SETBACK. OKAY. ON THE SOUTH SIDE. ALL RIGHT. SO THERE YOU GO. PLENTY OF STUFF TO TALK ABOUT. COMMISSIONER MANON, UM, IS THAT, ANY OTHER QUESTIONS? DID HE HEAR? THERE'S A DELAY. [02:05:11] COMMISSIONER MANNA. ANY OTHER QUESTIONS? STAFF? CAN ONE OF Y'ALL, UH, REACH OUT TO MANO? SOMETIMES HE CAN HEAR YOUR MIC'S BETTER THAN MINE. UH, COMMISSIONER MANNA? UH, DID YOU HAVE ANY OTHER QUESTIONS? UH, WE CLARIFIED THAT THERE IS NO SETBACK ON THE SOUTH SIDE ALONG THE RAILROAD RIGHT OF WAY. OKAY. ALSO, UH, TEXTED HIM ON THE, UH, WEBEX CHAT. OKAY. UH, CAN YOU ASK HIM IF HE, UH, IF HE WOULD SUPPORT A CONTINUOUS TO MAY 1ST? I DO NOT HAVE ANY OTHER QUESTIONS. MR. MAY, UH, DID YOU HAVE ANY OTHER QUESTIONS? UH, WE CLARIFIED THAT THERE'S GONNA STEP BACK ON THE SOUTH SIDE ALONG THE RAILROAD. BY THE WAY, LET'S CONTINUE WITH THE OH, YEAH. HE'S, HE'S SAYING. OKAY. SO LET'S CONTINUE WITH THE ROLL CALL VOTE. MR. ZUNIGA? YES. MR. UH, MINCHA? YES. MR. SPILLMAN? YES. MS. KAPLAN? YES. MR. VASQUEZ? YES. MS. BRAGMAN? YES. MR. O OZUNA? YES. CHAIR ORIAN. AND YES. BY MAY MO, UH, CASES CONTINUE TO MAY 1ST. UH, PLEASE TAKE THIS OPPORTUNITY TO DISCUSS EVERYTHING AND ANYTHING YOU CAN WITH THE NEIGHBORS AND WE'LL HEAR. WE CAN'T WAIT TO HEAR HOW IT TURNS OUT. GREAT. THANK YOU. THANK YOU'ALL. OKAY, WE'RE GONNA TAKE A SHORT BREAK. SEE EVERYBODY BACK AT THREE 15. ALL RIGHT. UM, NEXT CASE IS BO O 8 23 DASH 1 0 3 0 0 0 5 3, LOCATED AT 1 21 WHISTLE STREET. A REQUEST FOR A 1964 SQUARE FOOT VARIANCE FROM THE MINIMUM 5,000 SQUARE FOOT LOT SIZE TO ALLOW A, UH, DEVELOPMENT ON THE 3036 SQUARE FOOT. LOT ZONED. R FIVE. NEXT SLIDE. SUBJECT PROPERTY IS LOCATED ON WINSLOW NORTH OF DOWNTOWN. THE APPLICANT IS CONSTRUCTION, A SINGLE FAMILY HOME. THE APPLICANT IS REQUESTING A 1,964 SQUARE FOOT VARIANCE. NEXT SLIDE. THIS IS THE SITE PLAN. SUBJECT PROPERTY. UH, APPLICANT HAS INDICATED THAT SMALL STRUCTURE WILL BE TAKEN DOWN SLIDE SURROUNDING AREAS, AND THE STAFF HAS, UH, RECOMMEND APPROVAL AND B O A 23 1 0 3 0 0 5 3 BASED ON OTHER SINGLE FAMILY HOMES IN THE AREA, ARE BUILT SIMILARLY ON SIMILARLY SIZED LOTS AND WILL NOT, WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. AND WE HAVE NOT RECEIVED ANY RESPONSES, UH, FOR THIS CASE. ALL RIGHT. ANYONE TIME TO SPEAK? ANY PUBLIC COMMENTS? THERE IS NO PUBLIC COMMENT. OKAY. AND, AND THIS IS ANOTHER ONE OF THE, UH, CITY INITIATED MASS ZONINGS THAT RESULTED IN THIS BEING, UH, TOO SMALL. UH, YES. COMMISSIONER. THIS IS ALSO THE SAME SITUATION AS, UH, ONE BEFORE CITY INITIATED FOR THE LARGE AREA. OKAY. THANK YOU. ALL RIGHT. LET, AND THE APPLICANT IS PRESENT. YEAH. COMING UP AFTERNOON. UH, MY DAVID HERNANDEZ, I'M THE APPLICANT. I'M HERE ON BEHALF OF MY, UH, MY CLIENT AND OWNER OF THE PROPERTY. UH, MR. ALONZO, WHO'S ALSO PRESENT. [02:10:02] UM, SO THE STAFF DID A REALLY GOOD JOB OF, UM, KIND OF EXPLAINING WHAT OUR GOAL IS. UM, SO MR. ALONZO'S, UH, OWNER OF THE PROPERTY, AS I MENTIONED ALREADY, WE'VE ALREADY BEGUN THE, UM, THE STEPS TO ACQUIRE A BUILDING PERMIT, UM, TO INSTALL A SINGLE FAMILY RESIDENTIAL HOME. UH, AS WE CAN SEE ON THE SITE PLAN, UH, FOR HIM, IT'D BE FOR HIM AND HIS FIANCE, AND THEY DO PLAN ON LIVING THERE. UM, THEY'RE FIRST TIME HOME BUYERS. UH, CURRENTLY WE HAVE A RESIDENTIAL BUILDING PERMIT THAT HAS BEEN PARTIALLY APPROVED PENDING THE APPROVAL OF THE VARIANCE REQUEST THAT WE ARE HERE FOR TODAY. UH, WE BELIEVE OUR REQUEST IS REASONABLE, UH, DUE TO THE FACT THAT THE MAJORITY OF THE LOTS ON, UH, WINSLOW STREET ARE SIMILAR IN SIZE AND ZONING STATUS. ALL RIGHT. THANK YOU VERY MUCH. YES, SIR. UH, AND FOR THE, AND IF THERE'S ANY COMMISSIONER, UH, QUESTIONS, JUST REMEMBER THAT THIS IS, UH, SOLELY DUE TO A, UM, CITY INITIATED MASS ZONING CHANGE THAT CAUSE THIS TO BE, UH, UNDERSIZED. SO ANY QUESTIONS? OH, ZONA, JUST ZUNA, ALL EP ACTS WILL BE RESPECTED, RIGHT? ALL THE EXISTING EP ACT VARIANCE, UH, UH, EASEMENTS WILL BE RESPECTED. THERE'S NO OTHER REQUEST. YES, SIR. UH, AS YOU COULD SEE ON THE, UH, THE SCREEN THERE, THE BUILDING SETBACKS ARE BEING RESPECTED. UM, SO THE, THE ACTUAL FOOTPRINT OF THE HOUSE IS ABOUT 9 960 SQUARE FEET TOTAL. SO WE'RE ONLY TAKING UP, I BELIEVE, CLOSE TO 30% OF THE ENTIRE LOT. ALRIGHT. SOUNDS GREAT. UM, SO WITH THAT, IF ANYONE WOULD LIKE TO MAKE A MOTION ON THIS CASE, BRAGMAN COMMISSIONER BRAGMAN REGARDING CASE NUMBER BOA DASH 23 DASH 0 3 5 3. I MOVE THE BOARD OF ADJUSTMENT GRANTER REQUEST FOR 1964 SQUARE FOOT VARIANCE AND BELOW FROM THE MINIMUM FIVE FOOT, 5,000 SQUARE FOOT LOT SIZE REQUIREMENT TO ALLOW A 3036 SQUARE FOOT LOT SITUATED AT 1 21 WINSLOW STREET, APPLICANT BEING DAVID HERNANDEZ. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN 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 1964 SQUARE FEET FROM THE 5,000 SQUARE FOOT MINIMUM LOT SIZE REQUIREMENT. THE VARIANCE REQUEST IS NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST AS GRANTED. THE VARIANCE WOULD BE IN LINE WITH OTHER LOT SIZES IN THE AREA. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN HAVING TO REZONE, WHICH WOULD RESULT IN UNNECESSARY HARDSHIP. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE, RATHER THE EXACT LETTER OF THE LAW. THE REQUEST APPEARS TO BE IN SPIRIT OF THE ORDINANCE AS THE REQUIREMENT IS THERE TO PROTECT THE NEIGHBORHOOD. AND THERE ARE OTHER SINGLE FAMILY HOMES ON SIMILAR LOT SIZES IN THE AREA. 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 WITHIN THIS VARIANCE. WITH THIS VARIANCE. FIVE SUCH VARIANCES WILL NOT SUBSTANTIALLY, UH, INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTERED THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THAT THE VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES AS MANY OTHER LOTS DO NOT MEET THE MINIMUM LOT SIZE REQUIREMENTS. SIX. 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'S LOCATED STAFF SUPPLY TO THE OWNER OF THE PROPERTY OF WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. END OF MOTION. SECOND. HAVE A SECOND BY COMMISSIONER KAPLAN. COMMISSIONER BREGMAN. YEAH, I'LL BE IN SUPPORT OF THIS MOTION. I AM VERY PLEASED THAT YOU ALL CAME HERE AND GOT PERMITS AND ASKED FOR THE VARIANCE BEFORE YOU STARTED BUILDING, SO WE REALLY APPRECIATE THAT. AND UM, UM, I'M GLAD TO SEE THAT A PARCEL IS BEING PUT INTO PRODUCTIVE USE. SO MAKE SURE KAPLAN OH, SORRY. YEAH, YEAH, I AGREE. THERE'S NO REASON NOT TO ALLOW THIS BUILDING BECAUSE UH, THERE HAS BEEN THE ZONING CHANGE AND OTHERWISE, UM, IT'S AN UNBUILDABLE LOT. SO. ALRIGHT, IF THERE'S NOTHING ELSE, UH, LET'S HAVE A ROLL CALL. VOTE MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. MENCHACA. I CONCUR. MR. ZUNIGA. I CONCUR. MR. VASQUEZ. I CONCUR. MR. OZUNA. I CONCUR. CHAIR ORIAN AND I ALSO CONCUR. MR. MANNA. HE SAID HE CONCURS. OKAY, , IS THAT ADEQUATE FOR, [02:15:01] FOR LEGAL? DOES IT SHOW UP IF I CONCUR WITH THE FINDINGS OF FACTS? OKAY, SO MOTION PASSES. NINE TO ZERO. CONGRATULATIONS. UH, ITEM 13 IS THE APPLICANT FORMER MCCULLOUGH HERE PRESENT. OKAY, ITEM 14. ITEM NUMBER 14 IS BO A DASH 23 DASH 1 0 3 0 0 0 5 7. ADDRESS IS 5 8 2 6. SHADOW WAY IN CITY COUNCIL DISTRICT NUMBER TWO, APPLICANT BEING SUZANNE ESCOBAR. A REQUEST FOR A 160 FOOT, A 160 FOOT VARIANCE FROM THE MAXIMUM 800 SQUARE FOOT REQUIREMENT TO ALLOW A DETACHED ACCESSORY DWELLING UNIT TO BE 960 SQUARE FEET. AND THE CURRENT ZONING IS R SIX. THE SUBJECT PROPERTY LOCATED ON THE FAR EAST SIDE OF SAN ANTONIO ALONG SHADOW WAY NEAR NEAR, UM, DERMAN ROAD. THE APPLICANT WAS HALTED BY CODE ENFORCEMENT FOR CONSTRUCTING AN ACCESSORY DETACHED DWELLING UNIT IN THEIR REAR YARD WITHOUT OBTAINING PROPER PERMITS. PER BCA, THE PRINCIPAL STRUCTURE IS 1,196 SQUARE FEET, MEANING THE MAXIMUM SQUARE FOOTAGE ALLOWABLE FOR THIS STRUCTURE IS 800 SQUARE FEET. AND THE APPLICANT CONSTRUCTED IT AT 960 SQUARE FEET. ANY STRUCTURE THAT EXCEEDS THIS REQUIREMENT IS REQUIRED TO OBTAIN A VARIANCE. AND THIS IS THE SITE PLAN, THE SUBJECT PROPERTY. AND THIS IS THE ACCESSORY STRUCTURE IN THE REAR YARD. AND THIS IS AN ALTERNATE VIEW. AND THEN THIS IS A, ANOTHER ACCESSORY STRUCTURE FOUND IN THE IMMEDIATE AREA. AND THEN THIS IS THE SURROUNDING AREA. STAFF RECOMMENDATION FOR THE ACCESSORY DETACHED DWELLING UNIT, SQUARE FOOTAGE VARIANCE STAFF RECOMMENDS APPROVAL IN BO O A DASH 23 DASH 0 3 0 0 0 5 7 BASED ON THE FOLLOWING, ONE, THE REAR LOT SIZE OF THE SUBJECT PROPERTY IS LARGE AND IS CURRENTLY ABIDING BY ALL OTHER BUILDING REGULATIONS FOR THE STRUCTURE. AND IT CAN ALLOW FOR AN A D D U TO EXCEED THIS REQUIREMENT. AND TWO OTHER ACCESSORY STRUCTURE WHICH ARE FOUND IN THE IMMEDIATE AREA, ONE OF WHICH WAS THE PROPERTY ABUTTING THE SUBJECT PROPERTY AND CLOSEST TO THE A D D U, WHICH DOES NOT SEEM OUTTA CHARACTER WITH THE NEIGHBORHOOD. AND THEN THIS IS THE NOTIFICATION PLAN. STAFF MAIL 29, NOTICES ZERO IN FAVOR AND THREE RETURNED IN OPPOSITION. AND THERE IS NO RESPONSE FROM THE WOOD GLEN NEIGHBORHOOD GROUP. AND THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. ALRIGHT, LET THE APPLICANT COME UP PLEASE. UM, MY NAME IS SUZANNE ESCOBAR AND I'M THE PROPERTY. MY NAME'S SUZANNE ESCOBAR. I'M THE PROPERTY OWNER. THIS IS A RENTAL PROPERTY AND I MAINLY RENT TO VETERANS AND, UM, PEOPLE IN THE MILITARY THAT HAVE ALREADY GOTTEN OUT THAT ARE LIKE IN BETWEEN, UM, COMING IN OR OUT. AND MY RENTAL PROPERTY IS LIKE A BOARDING STYLE OF HOME. I RENT OUT THE BEDROOMS. AND SO IT'S MORE OF EVEN A MORE, UH, CONSERVATIVE WAY OF LIVING. AND I'M ABLE TO PROVIDE AFFORDABLE LIVING FOR THEM. AND THERE'S SUCH A GREAT DEMAND FOR THIS. AND SO THAT'S WHY MY YARD IS GIGANTIC 'CAUSE IT'S A CUL-DE-SAC. AND, UM, YOU KNOW, WE WANTED TO BUILD THIS ADDITIONAL EFFICIENCY. IT'S JUST A LITTLE TWO BEDROOM TOO BATH EFFICIENCY. AND I DIDN'T REALIZE THAT IT WAS GOING TO EXCEED THE SIZE OF THE 5 8 2 6 DWELLING PLACE. AND WHEN WE GOT STARTED ON THIS PROJECT, I MEAN, MY INTENTIONS WERE GOOD. WE WERE GONNA DO, WE WERE, WE'RE DOING EVERYTHING BY CODE AND EVERYTHING, BUT WHEN IT WAS TIME TO GET THE PERMIT, I MEAN, IT WAS DECEMBER, I WORK FULL TIME. I WORK IN RETAIL, SO I WAS EXTREMELY BUSY IN, IN DECEMBER. AND I ALSO OWN 12 UNITS. SO I'M, I'M THE PROPERTY MANAGER, I'M THE LEASING AGENT, I'M THE MARKETING, I'M, I AM THE BOOKKEEPER AND I JUST FORGOT TO GET THE PERMIT, YOU KNOW, AND THAT'S THE HONEST TRUTH. I'M JUST DOING MY BEST TO, I, YOU KNOW, I AM A LAW ABIDING CITIZEN, BUT I JUST FORGOT TO GET THE PERMIT. AND I JUST, I LOVE MY HOUSES. I PROVIDE EVERYTHING [02:20:01] COMPLETELY FURNISHED, ESPECIALLY FOR VETERANS THAT ARE SUFFERING FROM P T SS D AND COMING OUT OF ABUSIVE RELATIONSHIPS, I GOT OVER 56 SIGNATURES OF TENANTS THAT HAVE STAYED WITH ME ANYWHERE FROM A YEAR TO FIVE AND A HALF YEARS. AND THEY ALL LOVE WHERE THEY LIVE. THEY STAY WITH ME A LONG TIME BECAUSE EVERYTHING IS JUST SO BEAUTIFUL AND YET CONSERVATIVE. AND LIKE I SAID, EVERYTHING THEY NEED IS THERE. THEY JUST HAVE TO SLIDE IN. BUT THAT'S WHAT HAPPENED. AND ONE OF MY NEIGHBORS REPORTED ME, AND AS YOU CAN SEE, SHE EVEN CONVERTED HER GARAGE TO LIKE, 'CAUSE THE HOUSES ARE SO SMALL IN THAT AREA, THEY'RE, I MEAN, THE HOUSE IS 816 SQUARE FEET. IT'S TINY. AND THE HOUSES ALL IN THAT AREA ARE ALL ABOUT LESS THAN A THOUSAND SQUARE FEET. BUT SO MANY HAVE CONVERTED THEIR GARAGES INTO LIKE A ANOTHER BEDROOM. AND THE LADY NEXT DOOR TO ME THAT COMPLAINED ABOUT ME, SHE EVEN ADDED UP, UP TO MAKE HER HOUSE, YOU KNOW, TWO STORY. AND THEN SHE HAS A BIG STORAGE SHED IN THE BACKYARD. EVERYBODY IN THE NEIGHBORHOOD HAS STORAGE SHEDS. 'CAUSE THE HOUSE IS JUST SO SMALL. OKAY. I, I WANTED TO ASK YOU SOME QUESTIONS ABOUT YOUR, YOUR, THE SKETCH THAT YOU PROVIDED. UH, IT, IT JUST SEEMS THAT, UH, IT SHOWS A NEW BUILDING. IS IT, IS IT 14 FEET, SIX INCHES AWAY FROM YOUR EXISTING HOME? IS THAT CORRECT? OR IS THAT 14 INCHES? NO, 14 FEET. 14 FEET. AND THEN, YES. AND YOU'RE SHOWING THAT, THAT, UH, THIS IS, THIS IS WHERE I WAS GETTING A LITTLE CONFUSED. UM, THE, THE BUILDING IS 20 BY 48, BUT IT'S 64 AWAY FROM THE, THE, UM, YEAH. PROPERTY LINE ON ONE AND 35 FROM THE OTHER. YES. IT'S A CUL-DE-SAC. SO THE, IF YOU EVEN LOOK ON GOOGLE MAPS, YOU CAN CLEARLY SEE THE BACKYARD IS THE BIGGEST IN THE ENTIRE NEIGHBORHOOD BECAUSE IT'S AT THE END OF THE CUL-DE-SAC. SO IT'S A BIG GIANT PIE SHAPE. NO, IT LOOKS BIG. IT JUST BARE, BARE BCA HAS YOU AT 0.12 ACRES, WHICH SEEMS LIKE IT. LOOK WITH THESE DIMENSIONS, IT SHOULD BE BIGGER THAN THAT. YEAH, YEAH. NO, IT'S HUGE. THERE'S PLENTY OF SPACE FOR PARKING, THERE'S PLENTY OF SPACE FOR THIS LITTLE EFFICIENCY. I'M NOT BLOCKING ANYBODY'S VIEW. IT'S JUST A SINGLE, YOU KNOW. AND YOU HAVE A SINGLE HOME DWELLING YEAH. SUBSTANTIAL DRAINAGE DITCH BEHIND YOU. YES, YES. THERE'S COMMISSIONER'S. NOTHING BEHIND US. OKAY. COMMISSIONER KAPLAN? YEAH, I HAVE A COUPLE OF QUESTIONS. YES, MA'AM. HEY, THIS IS AFFORDABLE HOUSING FOR VETERANS. YES MA'AM. HOW MUCH ARE YOU CHARGING? SEVEN 50. OKAY. AND IT'S ALL BILLS PAID AND COMPLETELY FURNISHED. AND THE SECOND THING, SO YOU'RE PROVIDING A PUBLIC SERVICE DOING THIS. UM, THE SECOND THING IS, WHY ARE YOUR NEIGHBORS UPSET? I DON'T KNOW. I DON'T KNOW. DO WE HAVE, YOU KNOW, ANY RESPONSE FOR THE CITY? UM, DO WE HAVE ANY RESPONSE OR WHY THE NEIGHBORS, WHAT THE NEIGHBORS ARE SAYING? ON MY, ON MY POSTS WHEN I'M, YOU KNOW, SCREENING TENANTS TO COME IN, I PUT DOWN ABSOLUTELY NO DRUGS, NO SMOKING, NO PARTY TYPE, NO GUESTS. YOU KNOW, I PUT DOWN A LOT OF STRICT RULES. THIS ISN'T A PARTY HOUSE, THIS ISN'T A PLACE WHERE PEOPLE GO AND, YOU KNOW, NO, IT'S JUST CONSERVATIVE PEOPLE THAT WORK THAT NEED A NICE PLACE TO LIVE, A SAFE PLACE TO, YOU KNOW, REST THEIR HEAD AT NIGHT. SO I, I DON'T KNOW WHY IN THE WORLD ANYBODY WOULD COMPLAIN, BUT, YOU KNOW, I MEAN, OKAY, SO YOU SAID HOW MANY, HOW MANY UNITS DO YOU HAVE? I OWN, I OWN 12. NOT HERE AT THIS HOUSE. OKAY. BUT TOTAL ALL AROUND SAN ANTONIO. OKAY. AND, UH, YOU, YOU BUILT THIS IN VIOLATION OF THE CITY CODE? WELL, I DIDN'T START OFF WITH THE PERMIT. YEAH. WELL HOW ABOUT ALL THE OTHERS THAT YOU HAVE? THOSE ARE ALL HOUSES. THEY'RE ALL HOUSES. OKAY. THEY'RE ALL EXISTING HOUSES. YEAH. AND ALL OF THEM I RENT OUT. YEAH. I, UH, SO WHAT THE NEIGHBORS ARE SAYING IS, THE ISSUE IS, PLUS YOU DON'T LIVE THERE, YOU'RE NOT ENTITLED TO AN ACCESSORY UNIT. NOW I HAVE A QUESTION FOR THE CITY, BECAUSE OF THE SIZE OF THE LOT, IS IT POSSIBLE FOR HER TO SUBDIVIDE AND MAKE TWO LOTS? NO, IT'S IN THE BACKYARD, MA'AM. I WOULDN'T WANNA SUBDIVIDE IT. I MEAN, YEAH, YOU CAN'T, YOU CAN'T SUBDIVIDE THAT 'CAUSE THERE'S NOT ENOUGH FRONTAGE. YOU CAN'T DO, YOU CAN'T DO A FLAG LINE. RIGHT. DCA HAS IT AT 5,500 SQUARE FEET, WHICH I'M NOT SURE BARELY MAKES IN R FIVE. CORRECT. OKAY. GOING BACK TO THIS. YES SIR. YOU JUST STARTED BUILDING THIS. YOU HAVEN'T FINISHED IT. IT'S NOT COMPLETED YET? NO, SIR. OKAY. THIS IS UNFINISHED. OKAY. THOSE PICTURES THAT YOU SAW, I MEAN THE, IT'S THE SHELL IS DONE COMPLETELY. OH, OKAY. [02:25:01] BUT THE INSIDE IS NOT FINISHED. ARE YOU, DID YOU GET A PERMIT OR AFTER THIS? DO YOU AFTER THIS I NEED TO GET A PERMIT. YES, SIR. OKAY. YEAH, BECAUSE IT'S TO ME, YOU KNOW, I MEAN YOU, THAT YOU DON'T HAVE TIME. THAT'S NOT THE PROBLEM HERE. YOU KNOW, I MEAN, THAT'S NOT A HARDSHIP THAT YOU DON'T HAVE TIME TO TAKE CARE OF 'EM ALL. NO, IT'S NOT. IT'S NOT. IT'S, WHAT'S THAT? LEMME FINISH. YES, SIR. OKAY. SO YOU DON'T HAVE, SO THAT'S NOT AN EXCUSE, YOU KNOW, I MEAN, FOR A HARDSHIP. SO, YOU KNOW, I MEAN, YOU GOTTA PUT, PUT ATTENTION TO WHAT THE VIOLATIONS, YOU KNOW, WE ARE A NATION OF LAWS AND THIS IS ONE OF THANK YOU. LET'S, WE'RE GONNA KEEP MOVING. MOVING, UH, SEE, IS THERE ANY OTHER COMMERCIAL QUESTIONS? I, I DO HAVE A QUESTION. I HAVE A QUESTION TOO. UH, YOU DON'T LIVE AT THIS SITE, CORRECT? NO, SIR. IT'S A RENTAL PROPERTY. OKAY. IT'S A RENTAL PROPERTY. ALRIGHT. UH, FOR RENTAL PROPERTY TO HAVE AN A D U. UH, ISN'T THERE REQUIREMENT THAT THE, UH, OWNER LIVE AT THAT SITE? YES SIR. THEY HAVE TO LIVE ON THAT SITE OR ELSE SHE'S NOT EVEN, NOT EVEN TALKING ABOUT THE SIZE OF THE, UH, A D D U. SHE CAN'T HAVE IT IF SHE DOESN'T LIVE ON THE PROPERTY OR THE PROPERTY OWNER DOES NOT LIVE ON PROPERTY AND SHE DOES NOT LIVE THERE. AS FAR AS THAT WE WERE CONCERNED. I DO NOT LIVE THERE. WE WERE UNDER THE ASSUMPTION OR UNDER THE UNDERSTANDING THAT SHE LIVED ON THE PROPERTY. UM, BUT THIS ACTUALLY GOES ANOTHER STEP BACK. UH, YEAH. SO BCA SHOWS THAT, THAT YOU LIVE OFF OF COUGAR WAY OR COUGAR COUGAR COUNTRY. COUGAR COUNTRY, YES. AND SO, AND IT'S VERY CLEAR THAT THIS IS, THAT ACCORDING TO THE TAX RECORDS, THAT THIS IS NOT YOUR PRIMARY RESIDENCE. NO. WHICH MEANS THAT WE'RE NOT EVEN ALLOWED TO ENTERTAIN THIS CASE. 'CAUSE YOU'RE NOT ALLOWED TO HAVE THIS BUILDING AT ALL. A QUESTION FOR STAFF. YES. CAN EVEN IF SHE DOESN'T LIVE ON IT, BUT IT'S A MANAGER LIVES ON THE PROPERTY, WOULD, IT WOULDN'T QUALIFY. HAS TO BE THE PROPERTY OWNER. OKAY. MR. SPIELMAN, DO YOU HAVE ANYTHING? OKAY. YEAH. SO WHAT, WHAT'S HAPPENING IS BECAUSE YOU'RE NOT RESIDING ON THE SITE, YOU'RE NOT ALLOWED TO, TO HAVE AN A AN ADDITIONAL BUILDING IN THE BACK, LIKE AT ALL. THERE'S, AND WE CAN'T, THAT'S NOT SOMETHING THAT SHE CAN EVEN COME BACK TO US ABOUT. CORRECT. IF THIS HAS TO GO THROUGH A REZONING, IF THIS IS THE SITUATION. YEAH. SO, I MEAN, I'M SORRY, BUT WE, WE CAN'T EVEN ENTERTAIN THIS CASE. UM, STAFF CAN FURTHER EXPLAIN THIS TO YOU. WE'LL EXPLAIN IT. UM, APOLOGIZE FOR, YOU KNOW, THE TIME THAT YOU SPENT HERE, BUT, UM, YEAH, WE'RE, WE'RE NOT ALLOWED TO ENTERTAIN THIS AT ALL. OKAY. SO HOW DO I GO? IT WOULD BE A ZONING. IT'S A ZONING. WE'LL EXPLAIN THAT. WE'LL EXPLAIN THAT TO YOU, MA'AM. YEP. YEAH, THEY'LL, THEY'LL EXPLAIN IT TO YOU. BUT THIS, THIS IS JUST, IS SOMETHING THAT YOU'LL TALK TO THEM ABOUT YOUR OPTIONS MOVING FORWARD, WHAT YOU CAN DO. OKAY. THANK YOU. THANK YOU. ALL RIGHT. UH, DID THE APPLICANT FROM ITEM 13 COME BACK OR THEY WHAT? THEY STRAIGHT TO THE, OH, FOR THIS PART. I'M SORRY, YOU SAY THAT ONE MORE TIME. DID, DID THE, UM, APPLICANT FROM ITEM 13 EVER CONTACT OR COME BACK? THE MCCULLOUGH UH, APPLICANT SHOWED UP? NO, HE WAS HERE EARLIER. UM, THERE'S A SITUATION GOING ON WITH THAT, WHICH, BUT WE CAN MOVE ON TO THE NEXT CASE. OKAY. UM, IF, UH, IF YOU HAVE ANY CONTACT WITH THEM, THEY NEED A, A CONTINUANCE, JUST LET US KNOW THE DATE. UM, ITEM NUMBER 15. ITEM NUMBER 15 IS BO O A DASH 23 DASH 0 3 0 0 0 5 8. ADDRESS BEING 6 6 3 0. GALLERY OAK IN CITY COUNCIL DISTRICT NUMBER SIX, APPLICANT BEING, UH, MS. SANTIAGO MENDOZA. A REQUEST FOR A NINE FOOT THREE INCH VARIANCE TO ALLOW AN ADDITION WITH AN EIGHT INCH OVERHANG TO BE NINE INCHES FROM THE REAR PROPERTY LINE. AND THE CURRENT ZONING IS RM FOUR. THE SUBJECT PROPERTIES LOCATED ALONG GALLERY OAK NEAR PIN ROAD. THE APPLICANT CONSTRUCTED A TWO STORY ADDITION IN THE REAR YARD WITHOUT PULLING BUILDING PERMITS. AND A STOP WORK ORDER WAS ISSUED UPON SITE VISIT. STAFF OBSERVED THAT THE ADDITION WAS CLOSER TO THE REAR PROPERTY LINE, UH, AND AN RMM FOUR ZONE DISTRICT ADDITIONS ARE REQUIRED TO BE SET BACK 10 FEET FROM THE REAR PROPERTY LINE AND STAFF MEASURED EIGHT INCHES WITH A NINE INCH OVERHANG INCLUDED IN THE OVERALL MEASUREMENT. AND THIS IS THE SITE PLAN, THE SUBJECT PROPERTY. AND THEN THIS IS THE TWO STORY ADDITION IN THE REAR. AND THEN THIS IS THE REAR SETBACK MEASUREMENT. AND THEN THIS IS THE SURROUNDING AREA. STAFF RECOMMENDATION FOR THE REAR SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO O A DASH TWO THREE DASH 1 0 3 0 0 0 5 8 BASED ON THE FOLLOWING ONE. THE ADDITION IS CURRENTLY NINE INCHES FROM THE REAR PROPERTY LINE WITH OVERHANG INCLUDED. AND TWO, IF GRANTED STORM WATER RUNOFF CAN IMPOSE ON THE ADJACENT PROPERTY OWNER. AND TWO, I MEAN, I'M SORRY. AND THREE AND NO OTHER STRUCTURES IN THE IMMEDIATE AREA SEEM TO IMPOSE INTO THE REAR SETBACK. AND THIS IS THE NOTIFICATION PLAN. STAFF MAIL 36 NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION. AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION FOR THIS SUBJECT PROPERTY. THIS [02:30:01] CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. ALRIGHT, THANK YOU VERY MUCH. THANK YOU. AND, UH, BEFORE YOU GO, IS THERE A LOT COVERAGE PERCENTAGE ISSUE WITH THIS? 'CAUSE AERIAL SHOWS, UH, A LOT OF, UH, ROOFTOPS. MM. LET ME CHECK YEAH, IF YOU COULD LOOK INTO THAT, IF THE APPLICANT CAN PLEASE COME FORWARD. HELLO? UH, I WOULD RECOMMEND A A SPANISH SPEAKER. A SPANISH TRANSLATOR. OKAY. IF WE CAN HAVE THE, UH, UH, SPANISH TRANSLATOR COME FORWARD PLEASE. UH, . HI, I AM SANTIAGO MENDOZA, UH, SANGO MENDOZA. I AM THE PROPERTY, UH, THE PROPERTY OWNER. 66 30 MM-HMM. GALLERY OAKS. I WANT, I CAME TO SEE WHAT, CAN YOU TELL ME WHAT I DID IN THAT PROPERTY? HE, HE HAD MOVED IN HERE SINCE 1992. HIS NAME? OH, CHANTEL MENDOZA. M M HIS SON. UH, HE RAN OUT THE PARTY IN 19 19 92. BEEN LIVING THERE AS LONG, OVER, OVER THE YEARS, CONSTRUCTED THE HOUSE OVER THE YEARS. AND, UM, YEAH, I THINK THIS, THIS STARTED FROM A COMPLAINT FROM THE BACK NEIGHBOR OFF OF THE, THE TWO STORE. AND THEN THEY CHECKED OUT THE, WHERE THEY HAD THE CAR PORCH. WE ALL SAW THE YEAH. IN THE FRONT AND YEAH, PRETTY MUCH. YEAH. AND WE'VE, I MEAN, WE, I'M JUST SAYING THIS, BUT OUR NEIGHBORS TOO HAVE BEEN LIKE REMODELING THEIR HOUSES TOO. THAT'S WHY I DON'T THINK THEY HAVE ANY OBJECTIONS TO IT EITHER. I KNOW THEY DON'T SAY LIKE, RIGHT THERE THE OPPOSITION, BUT YEAH. OKAY. UH, IS THERE ANYBODY SIGN UP TO SPEAK ON THIS OR ANY, UH, VOICEMAILS? NO VOICEMAILS OR ANYONE. ALL RIGHT. WE'RE GONNA OPEN THIS UP TO COMMISSIONER QUESTIONS. ANYONE LIKE TO ASK, UH, QUESTIONS OF THE APPLICANT? UH, I JUST HAVE A QUICK QUESTION. UH, YOUR ZONED RM FOUR, ARE YOU, IS THIS ALL ONE OWNER OR IS IT MULTI-FAMILY? IS IT MULTIPLE ADDRESSES? IT'S, IT'S HIS, SINCE HE BOUGHT IT NOW, BUT WE HAVE FAMILY MEMBERS, A LOT OF FAMILY MEMBERS LIVING THERE. THAT'S WHY HE RECONSTRUCTED, WANTED TO MAKE MORE IN THE BACK, YOU KNOW. BUT YOU'RE NOT, YOU'RE NOT, IT'S NOT BEING USED AS LIKE A DUPLEX OR A PLEX WHERE IT'S RENDERED TO DIFFERENT ADDRESSES AND NO, NO, NO, NO. OKAY. ALL RIGHT. UH, THANK YOU. UM, AND ZUNA COMMISSIONER ZUNA, SO THE STAFF NOTED THAT THERE WAS NO BUILDING PERMITS PULLED, RIGHT? DO YOU INTEND? NO, THERE WAS NO BUILDING PERMIT PERMITS. WHO WAS, WHO'S THE GENERAL CONTRACTOR WHO'S BUILDING IT? UH, I WOULD SAY JUST PEOPLE OFF. HE KNOW, 'CAUSE IT, HE ACTUALLY WORKS IN CONSTRUCTION AS A PAINTER. THERE'S OTHER PEOPLE IN LIKE, THROUGH CONSTRUCTION. SO IF THIS WAS APPROVED, HE'D HAVE TO GO THROUGH THE BUILDING PERMIT PROCESS. RIGHT. TO GO THROUGH THE CITY APPROPRIATE FIRE CODE. AND 'CAUSE THE CONCERN HERE IS THAT IT'S NOT MEETING FIRE CODE OR ANY OTHER CODES OF SAFETY. MM-HMM. , INCLUDING THE SITE SETBACKS WILL ALLOW FIRETRUCK FIRE ACCESS IF THERE WAS A FIRE OR SOME OTHER EMERGENCY BACK THERE TO GET ACCESS TO THE SITE. THAT'S SOME OF THE CONCERN. YEAH. AND THEN BUILDING REALLY CLOSE TO THE PROPERTY LINE DOESN'T, UH, PROVIDE A BUFFER IN CASE THERE'S A FIRE. IT CAN JUMP FROM ONE HOUSE TO ANOTHER TO ANOTHER. AND THAT SOME OF THE REASONING BEHIND THAT SIDE. STEP BACK REQUIREMENT. THANK YOU. MINKA. YEAH. COMMISSIONER MINKA. UH, SIR, I, HOW ARE, HOW ARE YOU GONNA USE THIS BUILDING? IS YOUR, IS HIS FAMILY GONNA LIVE THERE OR IS IT GONNA BE RENTED OUT OR WHAT? YES, LIVE THERE. THANK YOU. UH, STAFF, IS THERE ANY, UH, PERMIT HISTORY THAT YOU CAN, UH, TELL THE BOARD ABOUT THIS? UM, SO FOR THIS PROPERTY, THERE ARE NO PERMITS. THERE ARE A FEW, UH, CODE VIOLATIONS. THERE'S NO PERMITS AT ALL. NO, UH, PERMIT, PERMIT APPLICATIONS. UM, LET ME CHECK OUR OLDER SYSTEM TO SEE IF MAYBE THERE WAS ONE. YEAH, I DON'T KNOW HOW FAR BACK YOU CAN GO, BUT THE B A IS SHOWING, YOU KNOW, IT WAS BUILT IN 83, 20 10, 20 2006. SO IN THAT REGION YOU MIGHT HAVE TO GO BACK TO HANSSEN OR SOMETHING. SO HOW COULD IT BE IS BCA WOULD BE PICKING UP OFF OF THE PIL PERMIT? RIGHT. [02:35:03] I'M SO SORRY. I WAS LOOKING AT THE WRONG ADDRESS. LET ME GET YOU THAT INFORMATION. OKAY. AND TO ANSWER YOUR PREVIOUS QUESTION, THERE IS ONLY A LAW COVERAGE FOR ACCESSORY STRUCTURES AND THE FRONT YARD. OKAY. ALRIGHT. SO WITH THAT, UH, COMMISSIONER MIN CHAKA. YEAH, I HAVE ONE MORE QUESTION. UH, THE ORIGINAL HOUSE WAS, WAS THAT LIKE YOU ADDED ADDITIONS OVER YEARS, YOU ADDED ONE ROOM AND THEN THE NEXT YEAR YOU HAD ANOTHER ROOM? YES. WHO DID THE CONSTRUCTION FOR THAT? UH, I'LL HAVE TO ASK MY FATHER. LET ME, COULD YOU ASK HIM? I CONSTRUCTED THEM, BUT THEY'RE ALREADY IN THE, UH, IN THE PLANE OF THE CITY, THE, THE, AND IT, IT JUST LOOKS LIKE THE ORIGINAL HOUSE WAS, UH, 1380 AND THEN THEY ADDED AN 800 FOOT EDITION, A 6, 616 FOOT EDITION AND 800 FOOT EDITION, AND A 440 FOOT EDITION. AND NOW THIS EDITION? YEAH, SO IT, IT WAS ONE IN THE BEGINNING LIKE A SMALL HOUSE. OKAY. I WAS ABLE TO GET SOME INFORMATION ON THAT. SO IT LOOKS LIKE IN 2010 THEY DID APPLY FOR A SECOND STORY ADDITION WITH A CARPORT. UM, AND THEN RECENTLY THEY DID SUBMIT AN APPLICATION FOR THE NEW ADDITION. HOWEVER, THE PERMIT WASN'T ISSUED BECAUSE OF THIS, AND THEN A REROOF PERMIT WAS ISSUED. BUT THAT'S THE PERMIT HISTORY THAT WE HAVE. HEY, COMMISSIONERS. ZUNIGA. THANK YOU. GOOD. DID YOU WANNA SAY SOMETHING? THE, THIS IS FOR STAFF ON THE REAR, UH, SETBACK MEASUREMENTS WHERE YOU HAVE THE RULER HERE. IS THIS HOUSE ALREADY BUILT AND THEN, UH, THE SECOND FLOOR WAS ADDED TO IT IS BEING AN ADDED TO, UH, IT'S MORE OF A, IT STARTED CONSTRUCTION. IT'S, IT'S DEFINITELY NOWHERE NEAR COMPLETE. NO. UH, BUT THERE WASN'T, THERE WASN'T ANY BUILDING THERE WHERE THIS, UH, THE MEASUREMENTS ARE THAT WHITED BUILDING WAS THIS STARTED ON THE BOTTOM FLOOR WHERE THE WINDOW IS HERE AND ALL OH, THE BOTTOM FLOOR. THE BOTTOM FLOOR. WELL, THE BOTTOM FLOOR IS COMPLETE BECAUSE THE FIT WAS ALREADY BUILT. THE HOUSE, UH, YOUR SIDE, UH, YOUR BACK SAT BACK. YEAH. I THINK WHAT HE'S GETTING AT IS IF YOU GO TO THE AERIAL, IF YOU OPEN UP THE AERIAL AND, AND THE, EXCUSE ME, ON MY VOICE. NO. YEAH. SO IN THE BACK CORNER TO THE LEFT OF WHERE IT SAYS ADDITION, WAS THAT, IS THAT EXISTING? IT LOOKS LIKE THAT THERE'S ALREADY A STRUCTURE IN VIOLATION OR TWO AND THAT THEY BUILT, UH, ON THAT FOOTPRINT. FOOTPRINT. UH, SO YOU'RE TALKING ABOUT THE REAR SETBACK THAT EXISTS RIGHT NOW, RIGHT, EXACTLY. YEAH. FOR THE, FOR, FOR ANY EXISTING BUILDING THAT PREDATES THIS ADDITION REQUEST. IT, IT'S JUST THE AERIAL IS IS SHOWING STRUCTURES THAT LOOKS LIKE ALL THE WAY AGAINST THE PROPERTY LINE IN THE BACK CORNER. RIGHT. THAT'S WHAT WE MEASURED AT, UH, SIX INCHES, I BELIEVE. OKAY. LIKE THE BACK LEFT CORNER, LIKE DOES THIS APPLICATION INCLUDE ONLY A NEW ADDITION OR DOES IT INCLUDE ANY ADDITION? ANY EXISTING VIOLATIONS? ANY EXISTING PLUS D EDITION. OKAY. WELL, I'M, I, I DON'T HAVE ANY FURTHER QUESTIONS. ANYONE ELSE LIKE TO ASK A QUESTION? UH, MANCHACA COMMISSIONER MANCHACA, OH, IS THIS FOR STAFF IN THIS CASE? UM, IF IT'S GONNA APPLY FOR THE PERMIT, IS THERE SOME SORT OF STRUCTURAL ENGINEERING LETTER THAT HE NEEDS, OR WILL A PERMIT COVER THAT BECAUSE OF THIS THING THAT IS PART OF PERMANENT PROCESS IF NEEDED, THANK YOU, SIR. I WOULD IMAGINE IF I'M CORRECT, THEY DO NEED IT, BUT I, I DON'T KNOW FOR SURE. OKAY. UM, I'M, I'M, SO THERE'S NO, UH, NEIGHBORHOOD ASSOCIATION LOS OR THE LIKES? NO, SIR. NO, SIR. OKAY. WELL, I'M READY FOR A MOTION IF SOMEONE WOULD LIKE TO, UH, MAKE ONE. I'LL MAKE A MOTION IF YOU WANT. MR. KAPLAN. UH, LET ME GET TO IT. OKAY. THIS IS FIVE EIGHT. RIGHT. UM, REGARDING CASE NUMBER BO 8 23 DASH 1 0 3 1, UH, 0 0 0 5 8. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A NINE FOOT THREE INCH VARIANCE FROM THE MINIMUM 10 FOOT [02:40:01] REAR SETBACK REQUIREMENT TO ALLOW AN ADDITION WITH AN EIGHT INCH OVERHANG TO BE NINE INCHES FROM THE REAR PROPERTY LINE SITUATED AT 6 6 3 0 GALLERY OAK APPLICANT BEING SANTIAGO MENDOZA, 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 REPRESENTED BY MINIMUM SETBACKS TO PROVIDE ADEQUATE SPACING BETWEEN STRUCTURES, THE APPLICANT IS REQUESTING A VARIANCE TO ALLOW AN ADDITION TO BE NINE INCHES FROM THE REAR PROPERTY LINE. STAFF FINDS THIS REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST, AS THIS DISTANCE DOES PROVIDE SUITABLE SPACING BETWEEN SHARED PROPERTY LINES, DOES NOT INFLICT ON THE NEIGHBORING PROPERTY, AND REAR YARD MAINTENANCE HAS ACCESS. TWO. DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT BUILDING THE STRUCTURE 10 FEET FROM THE REAR PROPERTY LINE, WHICH WOULD RESULT IN AN UNNECESSARY HARDSHIP AS THE STRUCTURE IS ALMOST COMPLETED. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE ADDITION IS CURRENTLY NINE INCHES IN THE REAR PROPERTY LINE WITH OVERHANG INCLUDED, ALLOWING THIS VARIANCE TO BE GRANTED. WE'LL OBSERVE THE SPIRIT OF THE ORDINANCE AS THE APPLICANT IS ABIDING BY THE SIDE SETBACK AND HEIGHT REQUIREMENT FOR THE BASE, UH, ZONED DISTRICT. THE ADDITION IN ITS CURRENT PLACEMENT ALLOWS FOR ADEQUATE DRAINAGE AND SPACE FOR ROUTINE MAINTENANCE. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY. AND THEY'RE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SO AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS LIMITED BILLABLE SPACE IN THE REAR YARD. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL. END OF MOTION. SECOND. SECOND BY COMMISSIONER ZUNA. COMMISSIONER KAPLAN? UH, I AM DEFINITELY NOT FOR THIS, UM, UH, DRAINAGE? NO. BUILDING A LOT, ALL OLDEST. THIS BUILDING WITH NO PERMITS, UM, BEING REALLY, REALLY CLOSE TO THE NEIGHBORS. UM, I JUST, I JUST DON'T, I THINK THIS IS JUST UNCHECKED, UM, BUILDING. AND WE DO HAVE ZONING LAWS FOR THIS PURPOSE. COMMISSIONER ZIMAN? WELL, I SEE THIS, UH, THE OPPOSITE WHEREBY, YOU KNOW, THERE'S A BUFFER IN THE BACKYARD. THERE'S NO NEIGHBOR THAT'S IMPACTED. UM, HE'LL HAVE TO COMPLY WITH THE BUILDING CODES, INCLUDING ALL FIRE SAFETY CODES AND THE SPACE THAT'S THERE WOULD ALLOW HIM SOME ACCESS TO MAINTAIN THAT FENCE AND THE SIDE OF THE BUILDING THAT HE'S CONSTRUCTING. SO THAT'S WHERE I'M ALL RIGHT. ANYONE, ANYONE ELSE LIKE TO ADD? UH, HEARING NONE, LET'S HAVE A ROLL CALL. VOTE MS. KAPLAN. I DO NOT CONCUR. MR. OZUNA. I DO CONCUR. MR. SPIELMAN? I DO NOT CONCUR. MR. MENCHACA. I DO NOT CONCUR. MR. ZUNIGA. I DO NOT CONCUR. MR. VASQUEZ. I DO NOT CONCUR. MS. MS. BRAGMAN? I DO NOT CONCUR WITH THE FINDINGS OF FACT. CHAIR ORIAN. UH, I DO NOT CONCUR. MR. MANNA. ONE MORE TIME, SIR. ALL RIGHT. MOTION FAILS. UH, EIGHT TO ONE. UH, IF YOU COULD GET WITH STAFF, THEY'LL TALK TO YOU ABOUT YOUR OPTIONS. ALL RIGHT. ITEM 16. OKAY. DO YOU KNOW HIM? WHO, UH, WHO HE HAS TO TALK NOW. ITEM NUMBER 16 IS PO O A DASH 23 DASH 0 3 0 0 0 5 9. ADDRESS BEING 5 8 5 2 MAYO DRIVE IN CITY COUNCIL. DISTRICT NUMBER SIX, APPLICANT BEING SSA, L L C A REQUEST FOR A SIX FOOT VARIANCE FROM THE MINIMUM 50 FOOT LOT WIDTH TO ALLOW A LOT WITH A 44 FOOT WIDTH. THE CURRENT ZONING IS R SIX. THE SUBJECT PROPERTY IS LOCATED ALONG THE END OF MAYO DRIVE ON THE WEST SIDE OF SAN ANTONIO. THE [02:45:01] APPLICANT IS SEEKING A VARIANCE FROM THE MINIMUM LOT WIDTH REQUIREMENT OF 50 FEET TO ALLOW A LOT WIDTH OF 44 FEET. AND THIS IS THE SITE PLAN AND THIS IS THE SUBJECT PROPERTY AND THEN THE SURROUNDING AREA. STAFF RECOMMENDATION FOR THE LOT WIDTH VARIANCE STAFF RECOMMENDS APPROVAL IN BO O A DASH 23 DASH 3 0 0 5 9 BASED ON THE FOLLOWING, ONE, THE APPLICANT IS ABIDING BY ALL OTHER SETBACK REQUIREMENTS, WHICH WILL NOT INFRINGE ONTO THE NEIGHBORING PROPERTIES. TWO. THE, THE LOT WILL CONTINUE TO BE VACANT AND UNDEVELOPABLE WITH WITHOUT THE GRANTING OF THIS VARIANCE. AND THREE NARROW LOTS WERE FOUND IN THE IMMEDIATE AREA, WHICH WILL NOT BE OUTTA CHARACTER WITH THE SURROUNDING PROPERTIES. AND THIS IS THE NOTIFICATION PLAN. STAFF MAIL 27 NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION. AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION FOR THIS SUBJECT PROPERTY. THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. THANK YOU. ALRIGHT, THANK YOU. IF THE APPLICANT WILL PLEASE COME FORWARD. UH, STATE YOUR NAME AND, UH, TELL US ABOUT YOUR CASE. GOOD AFTERNOON. MY NAME IS JUAN RODRIGUEZ. I'M THE PROJECT, UH, ENGINEER, ASSISTING AND REPRESENTING THE PROPERTY OWNER AT THIS, UH, L L C. UH, THIS PROPERTY IS LOCATED AT, AS STATED AT THE END OF THIS ROAD FOR MAYO DRIVE. CURRENTLY IT IS A PROPERTY THAT WAS PURCHASED AT 44 FEET WIDE. THERE'S A SIX FOOT UNDEFINED, OR WE DON'T KNOW WHO OWNS IT, THAT FOR SOME REASON IT GOT TAKEN OUT FROM THIS ORIGINAL PROPERTY. CURRENTLY IS R SIX FOR ZONING. THE SURROUNDING AREAS ARE R SIX AS WELL. SO WE ANTICIPATE IT WOULD BE A HARDSHIP ON THE, ON CHANGING ZONE. HOWEVER, THE PROPERTY AS STATED, IT HAS A 40 FOOT WIDTH, IS IT'S 153 FEET DEPTH, EVEN AT 44 FEET WIDE. IT STILL IS MORE THAN 6,000 SQUARE FEET, WHICH IS COMPLIANT WITH THE R SIX ZONING. CURRENTLY IT'S UNDER PLATTING. SO WE HAVE TO DO THE, THE PLATT OF THIS RESPECTIVE LOT DUE TO THE INABILITY TO, YOU KNOW, IT WAS TAKEN OUT OF THE, THE ORIGINAL PLAT. AND I'M HERE TO ANSWER ANY QUESTIONS IF YOU NEED. YEAH. SO THE, UM, AS A POINT OF CLARIFICATION, THE THE LAND WAS, UH, CONVEYED TO, UH, ROSA GARCIA IN 1991. IT DOESN'T SAY A PURPOSE ON THE DEEDED. IT JUST SAYS WE'RE GIVING SIX FEET CONVEYING SIX FEET. CORRECT? UH, WE VERY ODD. YEAH, WE, WE, WE DID SOME RESEARCH. THE OWNER DID SOME RESEARCH, THEIR DUE DILIGENCE. THEY WERE, THEY TRIED TO CONTACT THIS LADY, BUT I THINK MY UNDERSTANDING IS THAT THEY, THEY COULD NEVER FIND HER OR RELATIVE TO SEE WHAT CAN BE DONE TO PURCHASE THOSE SIX FEET. YEAH. I MEAN, THIS, THIS IS SO, IT'S COMPLETELY ODD. OKAY. HAS ANY QUESTIONS FROM THE COMMISSION? I MEAN, MY ISSUE WITH THIS, UH, IS, YOU KNOW, THIS IS AN ILLEGAL SUBDIVISION OF LAND. THEY SOLD IT, THEY CONVEYED BY DEEDS, SO DIVIDED BY DEEDED. UM, IT'S THE, THE, THE PERSON THEY CONVEYED IT TO HAS, HAS APPARENTLY OWNED IT SINCE 1991. AND IT'S NOT THE SAME OWNER AS THE LARGE, UH, UNPLATTED TRACK TO THE WEST. UH, IT JUST SEEMS LIKE IT'S UNASSOCIATED AND I CAN'T, I CAN'T, I CAN'T SEE ANY PURPOSE FOR A SIX FOOT WIDE STRIP OF LAND FOR ANYTHING. UM, IT MUST HAVE BEEN WHEN IT WAS DONE, MAYBE, MAYBE A SPIKE SCRIPT TO KEEP THEM FROM DEVELOPING. YEAH. WAS IT, WAS IT TO KEEP SOMEBODY FROM BUILDING A HOUSE THERE , WHICH IS THAT KIND OF A SPIKE STRIP WHERE THEY, UH, USED IT TO, TO INTENTIONALLY BLOCK THE DEVELOPMENT. YEAH, THAT'S, UH, INTERESTING. BUT YOU'RE, YOU'RE NOT REQUESTING ANY SETBACK VARIANCES OR NO. ANY OTHER VARIANCES? NO. OKAY. UM, THERE'S NO FURTHER QUESTIONS. I'LL, I'LL DO A MOTION ALL COMMISSIONER KAPLAN. OKAY. LET ME GET TO IT. LET ME FIND MY, SOMEBODY ELSE. ALRIGHT, GO AHEAD. REGARDING CASE NUMBER BO O A DASH 23 DASH 0 3 0 5 8, I MOVED THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A NINE FOOT THREE INCH WAIT. IS THAT RIGHT? NEXT ONE? YEP. YEP. [02:50:01] REGARDING CASE NUMBER BO A DASH 23 DASH 0 3 5 9, MOVE THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A SIX FOOT VARIANCE FROM THE MINIMUM 50 FOOT LOT WIDTH TO ALLOW ALL LOT WITH 44 FEET WIDTH SITUATED AT 5 8 5 2 MAYO DRIVE. APPLICANT BEING AT IT DASSA, 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, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY MINIMUM LOT WIDTHS TO PREVENT DEVELOPMENT JAMMING INTO NARROW LOTS. THE APPLICANT IS REQUESTING A VARIANCE TO ALLOW A LOT WIDTH TO BE 44 FEET. STAFF FINDS THIS REQUEST IS NOT CONTRARY TO PUBLIC INTEREST AS THE APPLICANT IS ABIDING BY THE SETBACK REQUIREMENTS, WHICH WILL NOT INFRINGE UPON THE NEIGHBORING PROPERTIES. TWO, DUE TO SPECIAL CONDITIONS, THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. IN THIS CASE, THE SPECIAL CONDITION FOUND ON THE PRO SUBJECT PROPERTY IS THE NARROW LOT WIDTH. WITHOUT THIS VARIANCE, THE UNNECESSARY HARDSHIP WILL PREVENT THE APPLICANT FROM DEVELOPING THIS LOT FURTHER. THE LOT WILL BE, WILL CONTINUE TO BE ABANDONED. 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 APPLICANT IS REQUESTING THE VARIANCE PRIOR TO CONSTRUCTION. ADDITIONALLY, ALL OTHER BUILDING REQUIREMENTS SUCH AS SETBACK, MINIMUMS, BUILDING HEIGHT, AND LOT DENSITY ARE ALL BEING ABIDED BY THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED BY GRANTING THIS VARIANCE FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY'S LOCATED. IF GRANTED, THE LOT WILL MAINTAIN 44 WIDTH AND WIDTH, WHICH WILL NOT INJURE THE USE OF ADJACENT CONFORMING PROPERTIES UPON SITE VISIT. STAFF OBSERVED PROPERTIES IN THE IMMEDIATE VICINITY BEING NARROW IT WIDTH AND THE SUBJECT PROPERTY BEING LOCATED TOWARDS THE END OF THE STREET. THE REQUEST WILL NOT BE OUTTA CHARACTER WITH OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THIS 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 OR NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER FOR THE PROPERTY OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT. ITS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE NARROW WIDTH OF THE LOT. CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION. SECOND. ALL A MOTION A SECOND. UH, COMMISSIONER BRAGMAN. UH, YEAH, THEY'RE DOING ALL THE RIGHT THINGS BY COMING HERE BEFORE CONSTRUCTION. UH, AND THEY'RE GONNA ABIDE BY ALL THE SIDE FRONT AND REAR SETBACKS. SO I'LL BE IN SUPPORT OF THE MOTION. ALL RIGHT. COMMISSIONER CAP. I'M IN SUPPORT OF IT ALSO. OKAY. UM, ANYONE LIKE TO ADD? UH, I JUST WANTED TO ADD SOMETHING BRIEFLY. I FOUND A, UM, AN AN AFFIDAVIT WHERE THE GUY WHO WHO ORIGINALLY BROKE THE PIECE OUT DID SO UNDER A FICTITIOUS NAME AND HE, UH, HAS DECIDED TO CLARIFY THAT. AND THEN HE SOLD IT TO THIS OTHER INDIVIDUAL. THIS, IT'S, IT'S SO WEIRD. IT'S STILL, BUT I'M IN SUPPORT. LET'S HAVE A ROLL CALL. VOTE PLEASE. I NEVER SEEN MS. BRACKMAN. I CONCUR WITH THE FINDINGS OF FACT, MS. KAPLAN WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. MENCHACA I CONCUR. MR. ZUNIGA I CONCUR. MR. VASQUEZ. I CONCUR. MR. OZUNA. I CONCUR. CHAIR ORIAN. I CONCUR. I FILED THIS MR. MANNA. I CONCUR. I CAN. I HEARD IT. MOTION PASSES. NINE TO ZERO. ALRIGHT, CONGRATULATIONS. THANK YOU. YOU GOT IT. UH, NEXT CASE. ITEM 17. COMMISSIONER MANNA INDICATED THAT HE HAS 15 MINUTES LEFT OUT OF THE NEXT TWO CASES, IS THERE ONE THAT MIGHT BE QUICKER THAN ANOTHER PER STAFFS OF, UH, INTERACTION? WE ONLY HAVE ONE. THEY'RE BOTH, UH, RECOMMENDED DENIAL. HOWEVER, ITEM NUMBER 18 IS A LOT IS ONLY ONE. ITEM TWO 18, ITEM [02:55:01] 18, ITEM NUMBER 18 IS BO O A DASH 23 DASH 0 3 0 0 0 6 1 ADDRESS IS 5 9 0 3 NO CREST DRIVE IN CITY COUNCIL. DISTRICT NUMBER FOUR, APPLICANT BEING EL ALICIA GARCIA. A REQUEST FOR A FOUR FOOT NINE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT TO HAVE A THREE INCH SIDE SETBACK. AND THE CURRENT ZONING IS R SIX. THE SUBJECT PROPERTY LOCATED ALONG NO CREST DRIVE NEAR LACKLAND AIR FORCE BASE. THE APPLICANT IS REQUESTING A VARIANCE FOR THE SIDE SETBACK TO ALLOW A DETACHED CARPORT WITH A WIDTH OF 17 FEET NINE INCHES TO BE THREE INCHES FROM THE SIDE PROPERTY LINE. UPON SITE VISITS, STAFF OBSERVED THE APPLICANT HAD HALTED CONSTRUCTION ON THE CARPORT TO OBTAIN A BUILDING. PERMITS. CARPORTS CONSTRUCTED IN SAN ANTONIO ARE REQUIRED TO MAINTAIN A MINIMUM DISTANCE OF FIVE FEET. AND THEN THIS IS THE SITE PLAN AND THIS IS THE SUBJECT PROPERTY. AND THEN THIS IS THE CARPORT AND THEN THE SIDE SETBACK MEASUREMENT AND THEN THE SURROUNDING AREA. STAFF RECOMMENDS DENIAL AND BO O A DASH TWO THREE DASH 0 3 0 0 0 6 1. BASED ON THE FOLLOWING, NO ONE NECESSARY HARDSHIPS SEEM TO BE PRESENT AND THERE IS ALREADY SUFFICIENT ROOM TO PARK THEIR VEHICLE COMFORTABLY. AND TWO, NO OTHER CAR REPORTS WITH REDUCED SETBACKS WERE SEEN IN THE IMMEDIATE AREA. THE NOTIFICATION PLAN, STAFF MAIL 27 NOTICES. UH, FIVE RETURNED IN FAVOR WITH TWO IN FAVOR OUTSIDE THE 200 FEET, AND THEN ONE IN OPPOSITION. AND THERE'S ALSO NO REGISTERED NEIGHBORHOOD ASSOCIATION FOR THE SUBJECT PROPERTY. AND THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. ALRIGHT, THANK YOU. IS THE APPLICANT COME UP LAST BUT NOT PLEASE? WELL, I WANT TO THANK YOU GUYS FOR THIS OPPORTUNITY. UM, I HAVE, UH, IF YOU COULD JUST, UH, STATE YOUR NAME, SIR. OH, I'M SORRY GUYS. IT'S OKAY. ALL RIGHT, HERE WE GO. IS THAT BETTER? YES, SIR. OKAY. UM, WHEN I STARTED TO BUILDING THIS, SORRY, WE, WE, I, SORRY TO KEEP INTERRUPTING. WE NEED YOU TO STATE YOUR NAME. OH, I'M SORRY. IT'S OKAY. OKAY. MY NAME'S ELI GARCIA. SORRY ABOUT THAT. UM, AND I LIVE AT 59 0 3, NO CREST, WHERE THE, UH, CARPORT IS. I'VE BEEN THERE SINCE 2001. MY, UH, MOM LIVES ACROSS THE STREET. SHE'S ELDERLY. I TAKE CARE OF HER. OKAY. BUT, UH, I, UH, I STARTED BUILDING THIS CARPORT. THE BEFORE THAT I, UH, I HAD TO CONSTRUCT A, THE, UH, THE DRIVEWAY. NOW, UM, I HAD SPOKE TO THE, UH, THEY WERE, THEY WERE DOING THE SIDEWALKS IN FRONT OF OUR PLACE. SO I SPOKE TO THE, UM, UM, THE GUY WHO WAS DOING THE, UM, UM, INSPECTIONS, UH, ON IT. AND, UH, I TOLD HIM WHAT I WAS TRYING TO DO. UH, SO WE CUT THE CURVE AND, AND, AND PUT A DRIVEWAY THERE. SO, UM, HE TOLD ME THAT WE JUST NEEDED A PERMIT FOR THE, UM, THE CURVE, BUT NOT THE DRIVEWAY. SO I TOLD HIM I, I WANTED TO PUT A, A CARDBOARD ON IT AND I PUT THE POST AND STUFF LIKE THAT. AND I TOLD HIM I WAS GONNA DO THAT AS I WAS DOING THE, UM, UH, THE DRIVEWAY. AND WELL, IT, IT DIDN'T COME UP THAT I NEEDED A PERMIT FOR THAT. SO HE SAID THAT I DIDN'T NEED A, A, A PERMIT FOR THE DRIVEWAY. SO IT'S PROBABLY MISCOMMUNICATION, BUT I DIDN'T REALIZE THAT THAT DIDN'T MEAN THE CARPORT. UM, I'VE ALWAYS PULLED THE PERMIT FOR THINGS THAT I'VE DONE AT MY HOUSE. UM, BUT THIS TIME I DIDN'T BECAUSE I DIDN'T REALIZE THAT THAT WAS THE CASE. SO WHAT I WANTED TO DO HERE, I, BEFORE I EVEN DID ANY OF THIS, I HAD SPOKE TO MY, MY NEIGHBOR RIGHT NEXT DOOR TO US. AND I TOLD HIM WHAT I WAS GONNA DO AND, UM, HE WAS OKAY WITH IT. HE SAID THAT, UH, HE DIDN'T HAVE A PROBLEM AND HIS, HIS HOUSE IS PROBABLY 12 TO 15 FEET AWAY FROM THE PROPERTY LINE. UM, BUT THE WAY I WAS GONNA DO THIS, I HAVE A PICTURE HERE, AND I WAS GONNA PUT A, UM, OKAY. I WAS GONNA PUT A, UH, ON THE RIGHT SIDE, UH, GUTTER ALL THE WAY ACROSS. AND I WAS EITHER GONNA PUT THE WATER GOING ONTO MY DRIVEWAY OR PUT A PIPE GOING TO THE BACK WHERE I HAVE, UM, THE, THE ALLEY. UM, AND THEN I HAVE A PICTURE OF MAYBE THE GUTTER THAT I WAS GONNA PUT ON THERE. AND I WAS NOT GONNA GO OVER THE, THE SPACE INTO ANY MORE OF HIS, UH, PROPERTY, OR I'M NOT EVEN IN HIS PROPERTY YET, BUT I WAS GONNA DO IT TO WHERE I'M NOT GONNA GO IN HIS PROPERTY THAT HIGH. THE BACK, UM, WAIT, I LOST MY THOUGHT HERE. SO THAT'S, THAT'S WHAT, THIS IS KIND OF WHAT I, I WAS THINKING ABOUT DOING HERE. UM, I, I LOOKED AT THE, I WENT THROUGH THE NEIGHBORHOOD TO SEE IF ANYONE HAD [03:00:01] DONE ANYTHING LIKE WHAT I DID ON THE PROPERTY LINE. AND I FOUND I'VE GOT 13 PICTURES OF PEOPLE IN THE NEIGHBORHOOD. NOT ONLY THREE RIGHT IN FRONT OF ME, BUT THROUGHOUT THE NEIGHBORHOOD. UM, WHICH IS ACTUALLY THREE STREETS. I DIDN'T GO THROUGHOUT THE ENTIRE NEIGHBORHOOD, BUT AS I WAS DRIVING OVER HERE, I SEEN A LOT MORE. SO IF I, I KNOW THAT IF I GO THROUGH THE NEIGHBORHOOD, I'LL SEE A LOT MORE OF THIS. UH, I, I DIDN'T MEAN TO BE, UH, I, I WASN'T TRYING TO BE DECEITFUL OR ANYTHING LIKE THAT, DOING THIS, UH, IT WAS AN HONEST MISTAKE, NOT ME GETTING A PERMIT FOR THIS. AND SO WHEN I SPOKE TO THE, UM, THE, THE NEIGHBORHOOD, UH, INSPECTOR, HE TOLD ME THAT TO COME OVER HERE AND SEE IF I CAN GET A PERMIT TO DO IT. SO THAT'S WHY I'M HERE. OKAY. ARE, ARE YOU FORMALLY AMENDING YOUR APPLICATION TO INCLUDE GUTTERS, UH, WITH THE, AS FOR THE DESCRIPTIONS AND THE PICTURES THAT YOU BROUGHT? UH, I, I DO WHAT I'LL DO WHATEVER YOU GUYS WANT ME TO DO, YOU KNOW, FOR IT. I MEAN, I COULD SUBMIT THESE, YOU KNOW, I HAVEN'T, I HAVEN'T GOT A PERMIT YET. A QUESTION THOUGH. UH, THESE ARE THREE INCH GUTTERS. HE'S THREE INCHES FROM THE PROPERTY LINE. HE IS ON THE PROPERTY LINE. ARE WE EVEN ALLOWED TO CONSIDER THAT? SEE, WHAT, WHAT I COULD DO IS THE ROOF LINE ITSELF. UH, I WAS THINKING ABOUT THAT BECAUSE I'VE GOT ABOUT 12 INCHES HIGH FROM THE POST. SO THAT ALLOWS ME TO BRING MY ROOF LINE IN ABOUT, YOU KNOW, WHATEVER I NEED TO, TO MAKE THAT, YOU KNOW, AND THEN I COULD PUT THE GUTTER THERE. SO THIS WAY I'M NOT ENCROACHING ON ANY, ANY OF THIS SPACE. THE WAY THAT IT SITS RIGHT NOW, THE, THE DRIVEWAY AND THE POST, IT ALLOWS ME TO PARK. I GOT DUAL. I, I HELLO? HELLO. I'VE GOT DUALLIES. . OKAY. I'VE GOT TWO, TWO DUALLIES. GOT BIG, BIG TRUCK . I'VE GOT TWO BIG TRUCKS. THEY'RE, THEY'RE DUALLY TRUCKS. AND I'VE HAD PROBLEMS IN THE STREET. IF I, IF I'M NOT ABLE TO PARK THERE, I'LL HAVE TO PARK IN THE STREET. AND I JUST GOT MY TIRE SLASHED ON ONE OF MY VEHICLES, YOU KNOW, SO I HAD IT IN THE STREET BECAUSE I DIDN'T HAVE ENOUGH, UH, PARKING SPACE THERE. SO, SO YOU'RE RUNNING A BUSINESS FROM YOUR HOUSE? I DO HAVE A BUSINESS, BUT IT'S NOT, YOU KNOW, YOU HAVE THE TRUCKS THAT YOU HOUSE, I'M SORRY, YOU HAVE YOUR VEHICLES THAT YOU HOUSE YOUR TRUCKS YES. THAT YOU USE IN YOUR BUSINESS? YES, I SO, AND YOUR BUSINESS? YES, I USE MY EQUIPMENT AND STUFF LIKE THAT, BUT I, I, I, YOU KNOW, DON'T BRING, UH, STUFF THERE FOR IT, YOU KNOW? YEAH. BECAUSE HERE WHAT I'M READING IS, IS THAT THERE'S NOT, THERE'S NO HARDSHIP SINCE YOU HAVE SUFFICIENT ROOM TO PARK YOUR VEHICLE'S COMFORT YOU. I, I'M SORRY, SIR. I'M HAVING, I GOT HEARING PROBLEMS. I CAN'T HEAR YOU THAT WELL. WELL, WELL I I GOT A THROAT PROBLEM SERIOUS. UH, MY HEARING AIDS WENT OUT, . OKAY. IT SAYS THERE, THE, THE HARDSHIPS, THERE'S NONE BECAUSE YOU HAVE ENOUGH ROOM TO PARK YOUR VEHICLES COMING AND WE SEE IT IN THE PICTURE. YES. AND IF YOU KNOW, I MEAN, IF YOU'RE RUNNING THE BUSINESS FROM A HOME, I UNDERSTAND. ON THE TRUCKS MM-HMM. . SO COULD YOU MOVE YOUR, YOUR, YOUR POSTS AND THEN SEE, I, I THOUGHT ABOUT THAT. 'CAUSE YOU, YOU'RE DOING GOOD FOR YOURSELF, BUT NOT YOUR NEIGHBORS AT THE END. OKAY. I GUESS I'M NOT UNDERSTANDING WHAT YOU'RE TRYING TO SAY, SIR. HE'S THE POSTS THAT YOU HAVE THERE, CAN YOU MOVE THEM IN? I WOULD, SIR, BUT, UH, WE THOUGHT ABOUT THAT. BUT IF I BRING 'EM IN, I WON'T BE ABLE TO PARK MY VEHICLES IN THERE. I'VE ONLY GOT 17 FEET THERE. YEAH, BECAUSE YOU GOT A, YOU HAVE A GARAGE AND THERE'S TWO VEHICLES PARKED THERE. SO YOU HAVE THREE AREA, THE GARAGE, YOU GOT THE GARAGE IN THERE. IT'S NOT A GARAGE, IT'S, WELL, IT IS A GARAGE, BUT IT'S ENCLOSED. YOU KNOW WHAT I MEAN? SO THERE'S NO OH, OKAY. ACCESS FOR THAT. SO IF I, IF YOU CAN SEE LIKE RIGHT THERE, YOU KNOW, I CAN PARK TWO VEHICLES THERE. YEAH. BUT IF, IF I BRING THE POST IN, I WON'T BE ABLE TO. OKAY. SO, UM, SO I HAVE A QUESTION. SO ON YOUR SKETCH THAT YOU PROVIDED, YOU'RE SHOWING, UH, A NUMBER IN THE BACK, 21 FEET, 10 INCHES. BUT ON THE FRONT IT SAYS 17 FEET. UH, YES. NINE INCHES IS IS THAT ONE FROM THE OUTSIDE AND ONCE TO THE INSIDE CLEAR? THEY, THEY ARE BOTH, UM, TO THE OUTSIDE OF THE POST. AND IF YOU NOTICE, UH, I HAVE A PLOT, UH, IN ONE OF MY, I HAVE A PLOT OF SURVEY AND IT SHOWS THE HOUSE IS KIND OF TWISTED. SO IN THE BACK, IT'S LARGER THAN IT IS IN THE FRONT. SO IN THE VERY FRONT IT'S ABOUT 16 TO 17 FEET. SO EVEN A, EVEN REGULAR CARS, IF I PULL THE REGULAR CARS IN THERE, IT WOULD BE HARD TO TO. AND THEN, SO IF I WERE TO BRING THE POST IN, SO IF YOU'RE, IF YOU'RE, IF YOUR CARPORT IS, IS SLIGHTLY GETTING WIDER AS IT GETS TO THE BACK, HOW CLOSE TO THE SIDE PROPERTY LINE ARE YOU? I'M A FOOT. IT'S MORE THAN THREE INCHES IN THE FRONT, BUT LESS THAN THREE INCHES FOOT OR THREE INCHES IN THE BACK. IT'S FOOT, IT'S A FOOT [03:05:01] AWAY FROM IT. OKAY. SO IT'S, YEAH. OKAY. SO YOU'RE ASKING FOR, SO I'M NOT UP AGAINST IT, THE LOWEST IS THREE INCHES. YEAH, THE LOWEST IS IN THE FRONT. SO YOUR IDEA IS PERHAPS NOT TO COVER, TO KEEP THE POSTS AS THEY ARE, BUT MAYBE KEEP FIVE FEET UNCOVERED SO THAT YOU DON'T HAVE TO MOVE THE POSTS AND THEN PUT THE DRAINAGE. WELL, I WAS, I WAS HOPING TO JUST GO BACK, YOU KNOW, WHATEVER I NEED FOR THE, UH, UH, UM, I, I, I DO HAVE LIKE EQUIPMENT UNDER THERE, BUT IT'S NOT BUSINESS EQUIPMENT. IT'S MY WEIGHT EQUIPMENT AND I, I, I SPENT LIKE $20,000 ON, ON THAT EQUIPMENT. ALL I'M TRYING TO DO IS JUST COVER IT THAT, AND HAVE A PLACE WHERE I COULD PARK. IT LOOKS LIKE SOME OF YOUR, SOME OF YOUR GIRDERS ARE, ARE GOING BEYOND THE POST AND THAT'S WHAT YOU'RE TALKING ABOUT CUTTING BACK TO PUT IN A GUTTER. WELL, RIGHT NOW, IF YOU LOOK AT THE, THERE'S ONE PICTURE THAT SHOWS THE FACE THAT ONE IS GOING BEYOND IT, BUT IT'S BECAUSE I STOPPED CONSTRUCTION. OKAY. YEAH. WHEN HE SAID, HEY, YOU NEED A PERMIT, I, THAT'S NO PROBLEM. SO LEMME IF, IF YOU'RE GONNA AMEND YOUR APPLICATION TO INCLUDE GUTTERS AS, AS PER YOUR SKETCH, UH, THEN, UH, WE STILL CAN'T ENTERTAIN ANYTHING, UH, CLOSER THAN THREE INCHES. OKAY. SO IT'S, IT'S IMPERATIVE THAT IT'S POSSIBLE FOR YOU TO DO THIS AND NOT GO BELOW THREE INCHES SO THAT WE CAN STILL ENTERTAIN THIS DECISION TODAY. SO IF I BRING THE GUTTERS TO THE FACE OF IT, UH, OFF THE PROPERTY LINE, UH, YEAH, THE OUTSIDE EDGE OF THREE INCHES, THE OUTSIDE EDGE OF THE GUTTER WOULD HAVE TO BE NO CLOSER THAN THREE INCHES. I COULD DO THAT TO THE SIDE PROPERTY LINE. OKAY. YES. SO I COULD, I COULD BRING IN MY, UH, ROOF LINE LIKE SHE WAS SAYING. SO CAN YOU PLEASE STATE FOR THE RECORD THAT, UH, WHETHER OR NOT YOU'RE AMENDING YOUR APPLICATION TO INCLUDE GUTTERS? YES, I AM. EXCUSE ME, MR. CHAIR? YES. I'M SORRY SIR, BUT THIS IS MY WIFE GRACE GARCIA. I JUST, I DIDN'T MEAN TO BE RUDE. YES. I JUST WANTED TO ADD, SIR, I'M SORRY. GO AHEAD. UH, WHAT DO YOU AGREE TO THEN? IT'S WHAT MS. KAPLAN'S STATE, WHAT YOU'RE AGREEING TO IS WHAT MS. KAPLAN STATED, CORRECT? NO, NO, HE'S JUST SAYING HE WILL MOVE THREE INCHES. HE WILL MOVE IT THREE INCHES FROM THE ABOVE. HE'S NOT GONNA, I WAS ASKING WOULD YOU MOVE IT FURTHER THE POLLS? YEAH, A FEW FEET BECAUSE WE IS PHILIP COMMISSIONER MANON. BUT IT'LL BE, YES. I WANT TO, TO JUST MOVE. OH, OKAY. I'M SORRY SIR. DID YOU WANT SAY SOMETHING? WE NEED TO CONTINUE THIS 'CAUSE I NEED TO LEAVE RIGHT NOW. GOT IT. OKAY. UM, I MOVE TO CONTINUE THIS TILL, UH, THE NEXT MEETING, APRIL 17TH. IS THERE A SECOND? OKAY. OKAY. ALL IN FAVOR SAY AYE. AYE. AYE. CAN I SAY NO, ? HOLD ON A SEC. I'M JUST KIDDING. ALL RIGHT, SO THIS ITEM HAS BEEN CONTINUED FOR TWO WEEKS. CAN [ Approval of Minutes  ] WE HAVE A QUICK VOTE ON THE MINUTES? I, I, I MOVE THAT WE APPROVE THE MINUTES. SECOND. SECOND. AND, UM, IS THERE ALL IN FAVOR SAY AYE FOR THE MINUTES? AYE. AYE. AYE. AND WE NEED TO CONTINUE CASE, UH, OUT OF NUMBER 17 ALSO. MANA, CAN YOU, CAN YOU VOTE ON THE MINUTES, SIR? COMMISSIONER MANA, CAN YOU GO ON THE MINUTES. OKAY. AYE. PLEASE SAY AYE. AND SIR, BEFORE YOU LEAVE, IF YOU CAN JUST WAIT ONE SECOND, UH, YOU NEED TO DO A CONTINUANCE ON ITEM NUMBER 17 TO IS THE APPLICANT HERE? YES. OKAY. CAN YOU ASK IF, UH, THE 17TH IS, IS, IS ACCEPTABLE? OKAY. MOVE TO CONTINUED. A, UH, ITEM NUMBER 17, CASE ENDING IN 60 TO, UH, APRIL 17TH. SECOND. SECOND. OKAY. ALL IN FAVOR SAY AYE. AYE. AYE. COMMISSIONER MAN. OKAY, SO THAT'S CONTINUED. ALL RIGHT. THANK YOU ALL VERY MUCH. UM, SO SIR, I JUST WANNA LET YOU KNOW WHEN YOU COME BACK, UM, YOU KNOW, WE TALKED ABOUT, UH, WE WERE DISCUSSING GUTTERS AND JUST, YOU KNOW, JUST BE, WE WILL BE TALKING ABOUT IT AGAIN, BUT THERE'LL BE MORE PEOPLE HERE. OKAY? WE HAD TO, WE HAD TO STOP 'CAUSE WE, IF WE DON'T HAVE NINE PEOPLE, THAT'S IT. THE MEETING HAS TO STOP AND MR. MAN IS ALREADY LEFT. SO OUR QUORUM IS OVER. OKAY? SO WE'LL SEE YOU IN A COUPLE WEEKS. UM, WE'RE ADJOURNED. * 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.