* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:04] ALL RIGHT. IT'S, UH, 1:01 PM I'M GONNA GO AHEAD AND CALL THIS, UH, MEETING OF THE BOARD OF ADJUSTMENTS TO ORDER STAFF, IF YOU COULD PLEASE TAKE ROLL. MR. SPIELMAN. PRESENT. MS. LES PRESENT. MR. MENCHACA PRESENT. MS. CRUZ? MR. ZUNIGA? MR. MANNA PRESENT. MS. KAPLAN? PRESENT. MR. VASQUEZ? PRESENT. MS. BRAGMAN PRESENT. MR. OZUNA PRESENT CHAIR ORIAN. AND I'M ALSO PRESENT, UH, SO WE HAVE A QUORUM OF 10 AT THIS TIME. UH, IF THE SPANISH INTERPRETER COULD PLEASE COME OUT AND DO THEIR PRESENTATION. GOOD AFTERNOON. THANK YOU VERY MUCH. IF EVERYONE COULD PLEASE STAND AND JOIN ME IN THE PLEDGE OF ALLEGIANCE. UH, THE RECORD SHOW THAT MARIA IS ENTERED AT 1 0 3 OH. OKAY. SO BEFORE WE PROCEED WITH, BEFORE [ Briefing and Possible Action on the following items  ] WE PROCEED WITH TODAY'S CASES, I WOULD LIKE TO OFFER A FEW WORDS OF EXPLANATION. THE BOARD FOLLOWS AN AGENDA, WHICH, WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND THE STREET ADDRESS. UH, FOLLOWING THE CONCLUSIONS 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 TO ME AS A CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME. NOW, WE ARE PRIVATE CITIZENS APPOINTED 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 RELEASE SOUGHT AND 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 CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND AUTHORIZED VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE AS AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DE DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE. IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT OR IS REPRESENTATIVE WILL PROCEED WITH 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 AND GRANTING THE RELEASE 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 OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S. DECISIONS REGARDING CHAPTER 28 ARE MADE OF THE CITY COUNCIL. PLEASE LIMIT YOUR PRESENTATION REMARKS OF THE PERTINENT FACTS OF YOUR CASE STAFF. GOOD AFTERNOON. STAFF WILL BE IN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST. PRIOR OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE SOURCE SPECIAL EXEMPTION AND PROPERTIES WITHIN 200 FEET OF THE SUBJECT PROPERTY. CHECK MARK INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION. FOLLOWING THIS PRESENTATION AND ANY OTHER QUESTIONS ABOUT THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST. FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST PROPOSED VARIANCE OR ESPECIALLY EXEMPTION, YOU'LL BE CALLED AN ORDER SIGNED UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED THREE MINUTES MAXIMUM THREE MINUTES PER SPEAKER. YOU'RE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION. FOR THOSE THAT WOULD LIKE TO GIVE UP THEIR TIME TO THE [00:05:01] SPEAKER, THAT SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVEN THEIR TIME FOR A TOTAL OF NINE MINUTES. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL TO SPEAK ONE OR TO ONE SPEAKER WITH A THREE TI THREE MINUTE TIME LIMIT ALONG WITH THAT OPPORTUNITY TO ADDRESS BOARD QUESTIONS. AND WE'LL BEGIN WITH CASE NUMBER ONE, THEN FOUR. AND THEN WE'LL CONTINUE ON WITH AS ORDERED CHAIR. RIGHT. GOOD AFTERNOON. GOOD AFTERNOON. BO O 8 23 1 0 3 0 0 0 4 0. ADDRESS IS 89 30 FABIANS COUNCIL, COUNCIL DISTRICT SIX. APPLICANT IS PHILAMON HERNANDEZ. A REQUEST FOR NINE FOOT 11 INCH VARIANCE FROM THE 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE ONE INCH FROM THE FRONT PROPERTY LINE. THE PROPERTY IS ZONED. R SIX. SUBJECT PROPERTY IS LOCATED ALONG FABIANS IN, IN THE FAR WEST SIDE OF SAN ANTONIO. THE APPLICANT HAS BEGUN CONSTRUCTION ON A CARPORT THAT HE HOPES TO BUILD ONE INCH FROM THE FRONT PROPERTY LINE SHORT OF THE 10 FOOT MINIMUM SETBACK. NO OTHER VARIANCES HAVE BEEN APPROVED IN THE AREA FOR A CARPORT FRONT SETBACK. HOWEVER, MULTIPLE CARPORTS HAVE SIMILAR PLACEMENTS. DRIVEWAY DEPTH IS 22 FEET FROM THE HOME TO THE PROPERTY LINE. AND ONE NOTE, UH, CODE ENFORCEMENT DID ISSUE A, UM, CITATION, BUT IT WAS CLOSED OUT, UH, DUE TO THE, UM, HOMEOWNER SAYING HE WAS GONNA HAVE 10 FEET TO THE FRONT PROPERTY LINE. HERE'S THE, UH, SITE PLAN AND IS YOUR SUBJECT PROPERTY. IT'S, IT'S NOT BUILT YET AT. AND THE, UH, SURROUNDING AREA, SURROUNDING AREA SHOWING CARPORTS DOWN THE STREET. AND THEN THIS IS A CARPORT THAT'S ABOUT TWO HOUSES DOWN FROM THE SUBJECT PROPERTY. RECOMMENDATION OF FRONT SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO O 8 23 1 0 3 0 0 4 0 BASED ON THE FOLLOWING FINDINGS, THE REDUCED FRONT SETBACK IN JURORS NEIGHBORING PROPERTIES AND TWO, NO SIMILAR VARIANCES HAVE BEEN APPROVED IN THE AREA. NOTIFICATION PLAN. STAFF MAILED OUT 35 NOTICES. 10 IN FAVOR, TWO IN OPPOSITION. AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION SLIDE. THIS IS A, A LETTER FROM A NEIGHBOR, I BELIEVE, AND THESE ARE OTHER, UM, NOTICES THAT WERE SENT BACK. AND THIS CONCLUDES STATUS PRESENTATION AND APPLICANT IS AVAILABLE. OKAY, BEFORE YOU GO, UH, JUST A QUICK QUESTION. UH, WE, THIS IS I THINK THE THIRD TIME. YES, SIR. IS, IS, IS, DO YOU READ, SEND OUT NOTICES, UH, DURING, IF THERE'S A BREAK IN TIME BETWEEN THESE OR ARE WE RELYING ON THE SAME NOTICES THAT WE HEARD THE FIRST TIME? I BELIEVE WE'RE RELYING ON THE SAME NOTICES, CORRECT. AND IS THERE ANYBODY SENT TO SPEAK? NO PUBLIC COMMENT. OH, I I HAVE ONE QUESTION. COMMISSIONER KAPLAN, DID YOU SAY, DID YOU, THAT THE OWNER'S PLANNING TO A SAY THAT? WELL, HE'S, HE'S WANTING TO DO THE, UM, THE CARPORT. SO ORIGINALLY HE, WE WERE, WE FOUND OUT FROM THE CODE COMPLIANCE CASE THAT WAS CLOSED OUT WHEN HE SUBMITTED FOR THE PERMIT THAT HE WAS GOING TO, UM, STAY WITHIN THE 10 FEET. BUT NOW HE WANTS, BUT NOW HE WANTS TO COME CLOSER TO THE, TO ONE INCH ON THE PROPERTY. YEAH. YES, MA'AM. ALL RIGHT. SO LET'S HAVE THE APPLICANT COME FORWARD. QUESTION SUNNI A QUESTION. UH, COMMISSIONER ZUNIGA? YES, SIR. UH, DO YOU HAVE THE PICTURES OF THE FENCE? IT'S SUPPOSED TO BE A COUPLE OF PICTURES IN THERE AND THE FENCE THERE, AND THEN WHERE THE CARS ARE PARKED. CAN YOU, CAN YOU JUST ABOUT ENLARGE 'EM? DO WE HAVE A, UM, A VERSION OF IT THAT'S FURTHER OUT? UM, RIGHT HAND SIDE. WE, WE MAY JUST NEED TO DO A GOOGLE. YEAH, WE'LL HAVE TO DO A GOOGLE. YEAH, WE'LL DO A GOOGLE GOOGLE MAP. ALL RIGHT. THE APPLICANT PLEASE COME FORWARD. GOOD AFTERNOON, LADIES AND GENTLEMEN OF THE BOARD. DISTINGUISHED GUEST. MY NAME IS, UH, PHIL MON HERNANDEZ. AND, UH, UH, I AM TRYING TO BUILD MY CARD PORT. AS YOU CAN SEE, I PUT THREE POSTS UP AT THIS TIME. UH, JUST A LITTLE BIT OF BACKGROUND, IF YOU DON'T MIND, ON THAT PARTICULAR AREA. UH, IT WAS BUILT IN 1994. AND, UH, I'VE BEEN SPEAKING TO SOME OF THE FOLKS AND FEDER, AS A MATTER OF FACT, THAT DANNY AND, AND, UH, JIM ON THOSE HOUSES. AND THEY SAID THAT, UH, THEY HAD THOSE HARD PORTS BUILT RIGHT ON THAT, UH, LINE WITH NO PROBLEMS. THEY SAID THAT THEY NEVER HAD A PROBLEM BEFORE. AND SO I STARTED TO DO IT, AND THEN THAT'S WHEN, UH, I GUESS THE CODE COMPLIANCE GUY WAS AROUND AND STUFF. SO HE SAID, HEY, WAIT A MINUTE. 'CAUSE I HAD BUILT ONE, UH, POST, AND HE TOLD ME, YOU CAN'T BE ON THE PROPERTY LINE. I GO, WELL, I'M JUST DOING WHAT THE OTHER GUYS ARE DOING. SO HE TOLD ME, UH, YOU'RE GONNA HAVE TO GO 10 FEET BACK. SO WHEN I CAME DOWN HERE, I WASN'T THINKING, AND I DIDN'T KNOW WHAT I WAS DOING SINCE THIS IS MY FIRST [00:10:01] RODEO AND WELL, MY SECOND HOUSE, BUT NOT LIKE THIS. AND SO WHEN I DID THE MEASUREMENTS AND EVERYTHING IS 22 FEET AWAY FROM THE PROPERTY LINE. SO IF I DO THE MEASUREMENTS, OH, I DIDN'T KNOW THAT. OKAY, SO HELP ME OUT. SO THE FRONT OF THE HOUSE TO THE PROPERTY LINE IS 22 FEET. SO NOT KNOWING I STILL CAME DOWN HERE, GOT MY PERMIT AND EVERYTHING PAID, YOU KNOW, WHATEVER MONIES I PAID. BUT WHEN I STARTED DOING THE MEASURING PHYSICALLY, I NOTICED THAT IT WAS ONLY 12 FEET, WHICH AN AVERAGE CAR IS ABOUT 14 AND A HALF FEET. SO OBVIOUSLY I WAS GONNA BUILD A CARPORT FOR A MOTORCYCLE. SO THERE'S, THEREFORE, THAT'S WHY I'M HERE BECAUSE, UM, I HAD, I HAD A HARDSHIP BACK IN 2017. I'M SURE YOU GUYS REMEMBER THE BIG HAILSTORM THAT WE HAD. WELL, I LOST A VEHICLE, PLUS I LOST MY MUSTANG, AND SO I COULDN'T AFFORD TO FIX IT, SO I SOLD IT. SO I DON'T WANT THAT TO HAPPEN TO ME AGAIN. SO THAT'S WHY I PUT ENOUGH MONEY TOGETHER TO BUILD MY CARPORT. AND THE HARDSHIP IS, UM, THAT 12 AND A HALF FEET IS NOT GONNA, THAT'S NOT GONNA HELP ME WITH THAT 10 FOOT VARIANCE. SO BASICALLY, I NOTICED ON THE THING THERE THAT IT SAID NINE AND A HALF. I MEAN, IF I COULD GET EIGHT FEET VARIANCE, WHICH WOULD BRING IT, UH, TWO FEET FROM THE PROPERTY LINE, I MEAN, THAT WOULD BE AMAZING. OKAY. DID, DID STAFF, UH, TALK TO YOU ABOUT POSSIBLY PUTTING YOUR POST, UH, A LITTLE FURTHER BACK IN CANTILEVER OVER FIVE FEET, SO THAT WAY YOU DON'T ONLY NEED A FIVE FOOT VARIANCE? UH, HE TOLD ME THAT THE BEST THING THAT I BELIEVE I WAS TALKING TO, UH, UH, JACOB, HE TOLD ME THAT IF YOU GET THAT TWO FEET VARIANCE, YOU CAN PUT YOUR POST THERE AND THEN PUT AN OVERHANG. YEAH. YOU'RE ALLOWED TO, THE, THE 10 FOOT SETBACK IS MEASURED TO THE FACE OF POST. SO IF YOU, AND YOU'RE ALLOWED TO OVERHANG UP TO FIVE FEET. SO IN THEORY, IF YOU PUT YOUR POST, YOU KNOW, UH, FIVE FEET AWAY FROM THE PROPERTY LINE, YOU WOULD JUST NEED A FIVE FOOT EASEMENT, THEN YOU CAN KINDA LEAVE HER OVER FIVE FEET. SO, AND THEN PUT SOME POLE UP LIKE THIS, LIKE PUT SOME, UH, WELL, I MEAN, IT'S, IT'S JUST, I DIDN'T KNOW IF THE STAFF DISCUSSED THAT WITH YOU. NO, NO. I, I'M JUST TRYING TO DO A BASIC ONE, LIKE THE, THE CARPORT HAS OVER THERE, THE FURTHER STREET. BUT YOU'RE THINKING BASED ON, ON THE WAY YOU'RE BUILDING THIS TWO FEET IS A, IS ALL YOU WOULD WANT A CANTILEVER, OVERPASS, THE POST. SO WHERE THE PROPERTY LINE IS, IF I COULD JUST GET TWO FEET, THAT'LL GIVE ME ENOUGH FOR MY DAUGHTER'S VEHICLE, MY VEHICLE, AND EVEN MY TRUCK. OKAY. DULY NOTED. UH, COMMISSIONER KAPLAN, IF YOU HAD, IF YOU WERE FIVE FEET AND YOU MOVED YOUR POST BACK, THEN IT WOULD BE A LOT EASIER TO GET THE VARIANCE. SO WHEN YOU SAY, SO LET ME, LET ME TRY TO FIGURE OUT, YOU'RE GETTING THE SAME AMOUNT OF COVERAGE, IT'S JUST WHERE YOU'RE PUTTING THE POSTS. WELL, I WANTED TO PUT, UH, AT LEAST SIX POSTS TO MAKE US STURDY. IT'S GONNA BE JUST A REGULAR CARPORT, BUT I SEE ALL THE HOUSES THEY HAVE. ARE YOU, ARE YOU BUILDING A FLAT CARPORT OR ARE YOU BUILDING A PITCH CARPORT? LIKE THE GUY UP THE STREET? JUST LIKE THE GUYS ON THE STREET. OKAY. REAL BASIC STUFF. OKAY. I GET IT. YEAH. REAL BASIC STUFF. I SEE WHY YOU'RE ASKING FOR TWO FEET THEN. ALL RIGHT. UH, ANY OTHER COMMISSION QUESTIONS? YES, MR. ZUNA, THEN, UH, THEN ZUNIGA, JUST THE QUESTIONS, AND THIS IS ONE WE ALWAYS ASK ABOUT GUTTERS, AND I THINK YOU REC, I RECALL LAST TIME YOU MADE A MOTION YES. THAT YOU WERE GOING TO ADD GUTTERS, RIGHT? WELL, IT'S GONNA BE SLANTED, RIGHT? SO FROM THE HOUSE, IT'S GONNA BE SLANTED AND IT'S GONNA GO DOWN TO THE STREET LEVEL, AND THEN WE WILL PUT THE GUTTER GUTTERS OUT. SO IT SAYS WATER FLOW WOULD BE TOWARDS THE STREET AND NOT TO YOUR NEIGHBORS. TO THE STREET FROM THE SIDE. YEAH. YEAH. OKAY. YEAH. THANK YOU. COMMISSIONER ZUNIGA? YES. YES, SIR. OKAY. YOU ALREADY HAVE, HOW MANY POLES DO YOU HAVE UP ALREADY? I HAVE THE TWO FRONT THAT ARE COMING FROM MY GARAGE, AND THEN ONE THAT WE PUT THERE, AND THEN WE PUT EVERYTHING TO REST O. OKAY. DO YOU HAVE A SURVEY WITH YOU? I KNOW YOU GOT PAPERWORK. DO YOU HAVE YOUR SURVEY? UH, SURVEY? ARE YOU TALKING ABOUT WHEN I BOUGHT THE HOUSE? YEAH, YEAH. YES, I DO THAT WANTED SOME IN THE COMPUTER? YES. I DECIDED TO PUT IT IN MY LITTLE ENVELOPE HERE. YOU CAN HAND THAT TO STAFF. THEY CAN PROJECT IT ON TOP OF IT. OKAY. THE GREAT, I THINK I GAVE IT TO JACOB. I KNOW HE'S NO LONGER WITH US, BUT THAT'S, THAT'S OKAY. YOU DIDN'T HAVE A PICTURE OF IT? NO, THERE'S NOBODY SENT. LET ME JUST LOOK. GIMME A SECOND. OH, MAN. CAN YOU PULL IT UP? YEAH, I CAN. OKAY. I KNOW I HAD IT. [00:15:01] THIS IS MY THIRD TIME HERE. I DON'T KNOW IF, UH, I PUT IT IN THE OTHER FOLDER. AH, NOPE. I DIDN'T KNOW I WAS GONNA NEED A SURVEY TODAY. WELL, IF YOU HAVE ONE, IT'D BE NICE TO SEE. IS THERE ANY OTHER COMMISSIONER QUESTIONS WHILE WE'RE, WHILE WE'RE WAITING? I DID PUT ON THE DIAGRAM THAT I'M ALMOST EIGHT FEET AWAY FROM THE NEIGHBOR AND ABOUT 36 FEET AWAY FROM THE OTHER NEIGHBOR. COMMISSIONER CRUZ. THANK YOU, SIR. UM, JUST A QUICK QUESTION. UH, MR. CHAIRMAN, ARE YOU GONNA BE ABLE TO, MR. CHAIRMAN, I STILL HAVE THE FLOOR. WE'RE LOOKING FOR THE SURVEY. WELL, I SURVEY, I HE'S LOOKING FOR YOUR SURVEY. SO IN THE INTEREST OF, OKAY, SO YOU DON'T HAVE A SURVEY? HE MIGHT, DO YOU DO HAVE ANY RENDERANCE? I I SEEN HIM. WHAT? HE, UH, COMMISSIONER ZUNIGA, HE'S, HE'S LOOKING FOR THE SURVEY, BUT AS HE'S SHUFFLING THROUGH THE PAPERS, WE'RE JUST TRYING TO SQUEEZE THE QUESTION IN. OH, WHILE HE'S LOOKING. BINGO. ALL RIGHT. COMMISSIONER CRUZ, WE'RE BACK TO COMMISSIONER ZUNIGA. HOLD ON. HE, HE FOUND IT. PLEASE PROJECT THAT ONTO THE SCREEN. YOU'LL HAVE TO ZOOM IN. I HOPE THAT'S WHAT YOU'RE LOOKING FOR, COMMISSIONER. YEP. CAN YOU GET THAT ONTO THESE SCREENS BY ANY CHANCE? SO FROM THE FRONT OF THE HOUSE, YOU GOT 24 FEET TO THE PROPERTY LINE. IT'S ACTUALLY, IT'S WHEN WE DID THE MEASUREMENTS, IT'S 22 AND A HALF FROM THE PROPERTY LINE. WELL, THE, WE'RE WE'RE, I'M JUST LOOKING AT THE SURVEY. OH, I'M SORRY. AND THEN YOU HAVE 9.8 FEET TO THE, UH, FAS OF CURB. SO IF THE APPLICANT GETS AN EIGHT FOOT VARIANCE AND AS HE'S REQUESTING, HE'LL, THE, THE EDGE OF THE CARPORT WILL, WILL STILL BE, UM, ABOUT 10 FEET AWAY FROM THE FACE OF CURB. ALRIGHT. UH, COMMISSIONER CRUZ. I'M SORRY, SIR. WE WERE DISCUSSING SOMETHING ELSE. UM, I'M JUST TRYING TO FIGURE OUT, UM, ON THE TREE, ARE YOU GONNA HAVE TO CUT SOME OF IT DOWN SO THAT THE CARPORT WILL FIT CORRECTLY? THAT'S A GREAT QUESTION. UM, I LOVE MY TREE. MM-HMM. , IT'S A, IT'S A PECAN TREE. I'M SORRY? IT'S A OAK TREE. TREE. AND AS YOU CAN SEE, I TRIM IT, SO I KEEP IT NICE. SO ANSWER YOUR QUESTION, I'M GONNA HAVE A CLEARANCE, SO I'M JUST GONNA JUST TRIM JUST THE, THE, THE LIMBS THAT ARE FALLING, AND I'M JUST GONNA KEEP IT STRAIGHT, LIKE AN UMBRELLA. OKAY. JUST TO MAKE SURE, BECAUSE, UH, IT CAN GO ON TOP OF THE CARPORT. YES. OKAY. I'LL MAKE A CLEARANCE. OKAY. COMMISSIONER ZUNIGA, I BELIEVE I MAY HAVE CUT YOU OFF IF YOU HAVE ANY, ANY ADDITIONAL QUESTIONS. THAT'S OKAY, DONALD. UH, OKAY. AND DO YOU HAVE IT, BESIDES THE DRAWING, DRAWING ON THE TABLET, DO YOU HAVE A RENDERING, UH, OF WHAT, UH, THE, NO, IT'S NOT A LAUGHING MATTER IS HOW THE COURTS GOING LOOK. NO, THAT'S WHAT I'M TRYING TO UNDERSTAND, SIR. YOU'RE TRYING TO UNDERSTAND A RENDERING, I DON'T KNOW WHAT A RENDERING INSTEAD OF THE SKETCH OR A SKETCH OF HOW IT'S GONNA BE THE PRODUCT COMING OUT OF THERE. OH, WELL, IT'S GONNA LOOK LIKE, LIKE THE PICTURE, UH, THE GENTLEMAN UP THE STREET, HE HAS A, UH, UH, A CARPORT THAT HE WAS GONNA BUILD IT AT THAT POINT. YEAH. PASSED THROUGH THERE. ALREADY PASSED THROUGH THERE. YEAH. OKAY. AND THEN, UH, AND, AND, UH, ANO ANOTHER QUESTION HERE. IS THE FENCE ON YOUR, UH, LEFT SIDE LOOKING AT THE HOUSE MM-HMM. , IT'S THE, UH, SAY THERE'S A VIOLATION THAT YOU, UH, PUT A FENCE ON YOUR NEIGHBOR'S HOUSE ON THE LEFT. SO WITH THAT, SIR, UH, WE CALL CODE COMPLIANCE, AND THEY TOLD US EXACTLY WHY WE, WE WANTED, WE, WE CALL CODE COMPLIANCE, AND WE WANTED TO KNOW EXACTLY WHAT ARE OUR RIGHTS ARE. AND WHEN YOU START SEEING AS YOU CAN SEE THE FRONT YARD OF THE NEIGHBOR, UH, I HAVE PICTURES AS MATTER OF FACT, I FORGOT. WELL, WELL, I, I'M JUST ASKING. OKAY. YOU KNOW THAT ABOUT, I, I'M NOT THE EXPERT ON THAT, ON THIS BOARD. MISS, UH, FRACKMAN, I'M GONNA EXPLAIN, UH, SIR. SO WE CALL COAL COMPLIANCE, AND BECAUSE WE GOT TIRED OF SEEING SNAKES, WE GOT TIRED OF SEEING ALL THE CATS AND ALL THAT. SO WE BUILT A FENCE BECAUSE IT SEEMS LIKE THE NEIGHBOR ALWAYS LIKED TO COME ON OUR, ON OUR PROPERTY LINE. SO SHE WOULD COME TO OUR PROPERTY LINE AND WORK ON, I DON'T KNOW WHAT SHE HAS IN THE FRONT YARD. I REALLY DON'T. SHE'S, I'M, I'M GONNA INTERJECT HERE FOR A SECOND. STAFF. IS THERE ANYTHING WRONG WITH THE FENCE ON THE SIDE OF HIS PROPERTY? IS THERE A CODE ISSUE [00:20:01] WITH THAT? YEAH, YOU CAN SEE IT IN THE, IN THE GOOGLE. YOU CAN SEE IT IN THE M L S LIST AND MM-HMM. , BUT WE HAVE CODE COMPLIANCE. YEP. WE, WE DIDN'T OBSERVE ANYTHING, UM, OUT OF COMPLIANCE WITH THEIR FENCE WHEN WE WENT TO SITE VISITS. IT'S, IT'S LESS THAN THREE FEET. IT'S SHORT, SHORT JUST TO KEEP THE SNAKES, THEIR CATS AWAY, THINGS OF THAT NATURE. OKAY. SO THAT, THAT FENCE DOES NOT EXCEED THREE FEET IN HEIGHT. IT'S THREE FEET. OKAY. BUT YAL QUESTION, CAT IT ON THE, HOLD ON, EXCUSE ME A MINUTE. GO AHEAD. COMMISSIONER ZUNIGA, UH, IT SIT ON YOUR, YOUR SIDE OR THEIR SIDE, THAT, THAT YOU'RE, UH, ENC CORROSION ON THEM. IS THE, IS THE FENCE ON YOUR PROPERTY LINE, OR IS IT IN YOUR NEIGHBOR'S LAND? IT'S IN MY PROPERTY LINE BECAUSE THE ACTUAL, SO IF MY FENCE LINE, I, IT'S DIRECTLY WITH THE FENCE LINE THAT I HAVE IN THE BACKYARD DIRECTLY. IT, IT'S STILL YEAH, I SEEN THAT. I SEEN THAT. BUT I MEAN, HE'S SAYING THAT YOU TOOK PART OF HIS PROPERTY BY HAVING THAT FENCE THERE IN 2020 OR WHATEVER IT WAS, 2010, MR. ZIKA? I DO, I DO THANK YOU FOR THAT. BUT, UH, WE CHECK WITH CODE COMPLIANCE. OH, OKAY. WE'RE NOT IN VIOLATION. YEAH. WE'RE NOT HERE TO DISCUSS THE FENCE. SO, UH, LET'S JUST KEEP THIS ABOUT THE CARPORT. UH, IS THERE ANY OTHER QUESTIONS? JUST, JUST ONE THING. COMMISSIONER CAN, OKAY. ACCORDING TO YOUR SURVEY, YOU HAVE 24 FEET FROM YOUR HOUSE TO THE STREET LINE, WHICH MEANS THAT YOU BY RIGHT. CAN DO A 14 FOOT CARPORT. SO, AND THAT'S ALL YOU NEEDED WAS 14 FEET. BUT, BUT IT'S NOT, I I DO APOLOGIZE, MRS. KAPLAN. IT'S 22 AND A HALF FEET AWAY FROM THE OPENING OF THE HOUSE TO THE PROPERTY LINE. SO THE SURVEY SAID IT WAS 24 FEET. I DON'T KNOW WHERE THAT CAME FROM. MERKEL WENT OVER THERE AND IT WAS 22 AND A HALF. I DID THE MEASUREMENT MYSELF. WELL, HO HO. OKAY, BEFORE WE GET LOST ON 22 VERSUS 24, IT IS VERY COMMON. YOUR PROPERTY LINE IS WHERE THE, THE, UH, THE DRIVEWAY APRON FLARES BEGINS TO FLARE OUT. BUT YOU PROVIDED US WITH A SURVEY THAT SAYS 24 FEET. SO THAT'S WHAT WE'RE, IT'S, I, I DON'T KNOW, SIR, BUT REGARDLESS, HIS APPLICATION IS BASED ON THE ASSUMPTION THAT IT'S 22 FEET, 22 AND A HALF FEET. SO YEAH, I MEAN, WE DID THE MEASUREMENT AND THE, YOUR GENTLEMAN THAT WENT OUT THERE DID THE MEASUREMENT. SO YEAH, BUT THAT'S, AGAIN, YOU HAVE A SURVEY THAT SAYS 24, IF THE MEASUREMENT IS TAKEN FROM THE, WHERE THE APRONS BEGINS TO FLARE, WHICH IS VERY COMMON, THERE COULD BE A DISCREPANCY, BUT THAT'S NEITHER, NEITHER THE POINT. OKAY. UH, IF, IF ANY COMMISSIONER WANTS TO REDUCE THE VARIANCE BY TWO FEET, UH, TO FOLLOW THE SURVEY, THAT ISN'T GONNA HURT ANYTHING I INTEND TO. SO, UM, IS, UH, IS THERE ANY OTHER QUESTIONS BEFORE I LOOK FOR A MOTION? YEAH, ANY OTHER PUBLIC ON, UH, THERE'S NO PUBLIC, WE'RE LOOKING AT 24 ACCORDING TO YOUR SURVEY. THAT'S WHAT I WANTED A SURVEY FOR. MM-HMM. , HOW MANY CARS CAN YOU PARK THERE? UH, AND IN, IN THE EVENING, LET'S PUT IT THIS WAY, SAY SIX, SEVEN O'CLOCK IN THE MM-HMM. , DO YOU PARK ANY OF YOUR CARS ON THE SIDEWALK? SO SOMETIMES WHEN MY DAUGHTER GETS THERE, UH, SHE MIGHT PARK THERE, BUT SHE KNOWS TO PARK OUTSIDE ALSO. OKAY. YEAH, I UNDERSTAND THAT. YEAH. BUT, UH, THE CARS ARE PARKED ON THE SIDEWALK. THAT WAS A PICTURE THAT, SEE, THE PROBLEM IS, IS MY NEIGHBOR DOESN'T SPEAK TO ME. AND SO SHE'S ALWAYS BEEN, THAT'S AGAIN, THIS, IF YOU PARK, IF YOU, IF YOU PARK YOUR CAR AND BLOCK THE SIDEWALK, THAT'S A DIFFERENT ISSUE. AND THAT'S A TICKETABLE OFFENSE. IT HAS NOTHING TO DO WITH US. WE'RE JUST HERE ABOUT WHETHER YOU CAN BUILD A CARPORT. THE GENTLEMAN'S ASKING ME, OKAY, WELL, I'M INTERJECTING. AND, AND THAT'S, THAT'S NOT GERMANE TO THE QUESTION BEFORE US. OKAY. SO IF THERE'S ANY OTHER QUESTIONS, COMMISSIONER ZUNIGA, MINKA, COMMISSIONER MINKA. I JUST WANTED A LITTLE CLARIFICATION FROM THE BOARD. 20 FEET VERSUS FOUR 20 FEET VERSUS 24 FEET, WE'RE JUST TALKING ABOUT MOVING THE POST BACK FIVE FEET PERIOD. IS THAT CORRECT? BOTTOM LINE, WE CAN, WE CAN GRANT A VARIANCE FOR ANYWHERE BETWEEN ZERO AND NINE FEET, 11 INCHES. UM, IF WE, IF WE GIVE HIM A VARIANCE FOR FIVE FEET, THE SURVEY SAYS IT'S 24, THE FACE OF HIS POST CAN BE FIVE FEET AWAY FROM THE 24 FOOT MEASUREMENT. UM, IF WE GIVE, HE'S ASKING FOR A, FOR AN EIGHT FOOT VARIANCE, UH, SO THAT HE CAN HAVE A, A LESS OF AN OVERHANG BECAUSE HE'S BUILDING SOMETHING MORE SUBSTANTIAL THAT THAT HAS MORE, CARRIES MORE WEIGHT. UH, BUT THAT'S FOR US TO DELIBERATE. UM, SO IF, WITH THAT, IF THERE'S NOTHING ELSE, I'D SURE LIKE TO HEAR A MOTION ON THIS ZUNA. COMMISSIONER ZUNA, REGARDING CASE NUMBER BO EIGHT DASH 23 DASH 3 0 4 0, I MOVE THAT THE BOARD OF EIGHT VARIANCE FROM THE 10 FOOT FRONT STEPBACK REQUIREMENT TO ALLOW A CARPORT TO BE TWO FEET FROM THE FRONT PROPERTY LINE SITUATED 89 30 FABIAN'S APPLICANT BEING PHILAMON [00:25:01] HERNANDEZ, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIPS. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT HARDSHIP. THE ORDINANCE WHO RESULTED HARDSHIP, THE FRONT WILL NOT. SECOND BY COMMISSIONER KAPLAN. COMMISSIONER ZUNA. YES. SO I'M GONNA SUPPORT THE VARIANCE REQUEST. SO WE'RE REDUCING IT FROM ONE INCH, AS IS RE REQUESTED TO TWO FEET. THAT TWO FEET ALLOWS HIM TO, UH, TO BUILD THE CARPORT TO PROTECT HIS, HIS, HIS CARS, AS HE HAD MENTIONED, YET STILL, UH, PROVIDE SOME RELIEF FROM THAT. FROM THAT, UM, YOU KNOW, FROM THAT SETBACK, WE SAW OTHER NEIGHBORS RIGHT DOWN THE STREET, TWO HOUSES DOWN THAT HAVE SIMILAR VARIANCE REQUESTS. WE DID NOT SEE ANY OPPOSITION FROM THE NEIGHBORHOOD ASSOCIATION. WE SAW A STRONG SUPPORT OF THE APPLICANT WITHIN THE SURROUNDING NEIGHBORS THAT'D BE MOST AFFECTED. THE APPLICANT MENTIONED THAT HE WILL BE DOING, UH, GUTTERS TO DIRECT THE WATER TO THE STREET AWAY FROM THE PROPERTIES, AND THE SIDE SETBACKS WILL BE, WOULD BE, UM, RESPECTED ON ALL MATTERS. SO I'M SUPPORTING THE MOTION COMMISSIONER KAPLAN. YEAH, I, I AM NOT SO MUCH FOR, UH, TWO FOOT OFF. I WOULD ALSO SUPPORT THE FIVE FOOT, UM, VARIANCE. UM, WHAT FRIENDLY AMENDMENT? YES. TO SUPPORT A FIVE FOOT VARIANCE WITH THE GUTTERS. UM, BECAUSE THERE WAS SOME OPPOSITION. THERE IS NO NEIGHBORHOOD ASSOCIATION. UM, AND THE OTHER PEOPLE ON THE BLOCK APPARENTLY DID THIS WITHOUT, UM, ANY APPROVALS. SO WE ARE THE PER, WE ARE ESTABLISHING WHAT'S ACTUALLY GOING TO BE LEGIT ON THIS BLOCK. WE'RE ESTABLISHING A PRECEDENT FOR THE BLOCK. AND SO I WOULD NOT LIKE TO SEE A WHOLE BUNCH OF THIS. EVERYBODY IN THIS NEIGHBORHOOD BUILD OUT TO ONE INCH FROM THEIR PROPERTY LINE. SO I WOULD SUPPORT FIVE FEET FROM THE PROPERTY LINE. COMMISSIONER LER, WOULD YOU CONSIDER A THREE FOOT AND KIND OF SPLIT, SPLIT THAT SO HE CAN, I MEAN, HE'S TRYING TO PROTECT THE CARS EIGHT FEET. I ALREADY SPLIT BECAUSE I WAS ORIGINALLY TO DO EIGHT FEET, BUT I WAS SPLITTING IT TO FIVE FEET. OKAY. UM, ONE, ONE THING I'D LIKE TO ADD ON THAT, UM, IS, IS, UH, WE, HE'S BUILDING A, A COVERED CARPORT THAT HAS, UM, A, YOU KNOW, A PITCH ROOF. THERE'S MORE WEIGHT. I DON'T KNOW IF IT'S APPROPRIATE TO CANTILEVER AT FIVE FEET, MAYBE THREE FEET. IF IT WAS JUST A, A FLAT ROOF, THAT WOULD BE ONE THING. AND SO THAT ANOTHER FOOT, FOUR FEET, WELL, OKAY, HOW ABOUT A SIX FOOT VARIANCE TO GIVE THEM FOUR? BUT REMEMBER, WE ARE ESTABLISHING A PRECEDENT FOR THIS WHOLE LAW. WELL, EACH CASE STANDS ON ITS OWN. EACH CASE, EACH CASE STANDS ON ITS OWN MERIT THERE. OKAY. SO WE'RE GOING TO COME IN AND THEY SAY, WELL THEN, THEN EVERYTHING WE DO HERE. OKAY, SO HERE'S WHAT WE'RE GONNA DO. THIS IS NOT GONNA BE A FRIENDLY AMENDMENT. UM, I'LL SECOND YOUR MOTION TO AMEND IT TO FIVE FEET SO THAT WE CAN HAVE DELIBERATION. UM, I'M GONNA GO AHEAD AND START OFF. UH, THIS IS, IF, IF YOU LOOK AT WHAT THE NE NEIGHBOR UP THE STREET IS DOING, I DON'T THINK IT'S APPROPRIATE FOR HIM TO DO A FIVE FOOT CANTILEVER. I DO WANT TO MAKE SURE THAT HE GETS AT LEAST 22 TO 23 FEET OF COVER SO THAT, YOU KNOW, A FULL, FULL-SIZE TRUCK ISN'T LIKE BUDDING AND HITTING THE GARAGE. IT'S A LITTLE FURTHER AWAY. UH, THAT, THAT WAS THE WHOLE POINT OF, OF ME, UH, LOOKING FOR THREE FEET. UH, I'D LIKE FOR OTHER BOARD MEMBERS TO CHIME IN TO SEE WHAT THEY THINK ABOUT THAT. UH, WHO WOULD LIKE TO START? ANYONE? I, I WILL COMMISSIONER. YEAH, I AGREE WITH, UH, MR. KA FIVE FEET WOULD DO IT. NOW, UH, THERE IS, UH, MR. UNA, THERE IS NO UNA THERE IS NO NEIGHBORHOOD ASSOCIATION IN THE RICHMOND HILLS AREA. UH, AND I THINK THE APPLICANT WILL CON CONFIRM THAT. IS THAT RIGHT MR. SMITH? THERE'S NO, WE HAVE NO, IN THE TAROT SUBDIVISION. YEAH, WE HAVE NO OAS. OKAY. SO THAT, AND [00:30:01] THE OTHER, UH, COURT REPORT THAT WAS THERE, I GUESS WE WERE TOLD A COUPLE OF WEEKS AGO THAT, UH, THEY HAVE NOT FILED, UH, FOR A PERMIT. UH, AND, UH, SO I'LL GO ALONG WITH THAT AND, UH, WITH THE FIVE FEET AND, UM, IT'S, UH, HOPEFULLY THE APPLICANT CAN SPEAK TO THE NEIGHBOR AND EXPLAIN TO HER, BECAUSE IF NOT, I CAN ASSURE YOU THERE'LL BE OTHER VI UH, COMPLAINTS FROM THAT AREA AND IN THAT SITUATION THERE. OKAY? AND, AND, UH, THE, THE CARS, I, I'M STILL FOR, FOR PEOPLE NOT TO COMMISSIONER, TO PARK IN THE CARS. THANK YOU VERY MUCH. WOULD YOU, CAN YOU, WOULD YOU LIVE WITH A, WITH A SIX FOOT OR A SEVEN FOOT VARIANCE IS, OR DO YOU, OR IS FIVE FEET THE ONLY THING YOU'LL BE IN FAVOR OF? OKAY. HOW WAS THAT? WOULD YOU LIVE WITH, UH, A SIX OR SEVEN FOOT VARIANCE? THE MOTION AS READ IS FOR EIGHT FEET. WOULD YOU LIVE WITH A SIX OR SEVEN FOOT? DO YOU, OR OR WOULD YOU ONLY DO? YOU WOULD? YEAH, I WOULD. OKAY. IS THERE ANYONE ELSE? UH, COMMISSIONER MANNA? I LIKE FIVE FOOT. OKAY, SO WE HAVE COMMISSIONER. IS THERE ANYONE ELSE LIKE TO ADD? OH, VASQUEZ MENCHACA COMMISSIONER MENCHACA. FIVE FEET. FIVE FEET. OKAY. VASQUEZ, COMMISSIONER VASQUEZ. UH, I AGREEMENT WITH THE FIVE FOOT, UH, REFERENCE. OKAY. I, YEAH. ALL RIGHT. LET'S TAKE FIVE FOOT. LET'S TAKE A ROLL CALL. VOTE ON THE AMENDMENT, UH, TO MAKE IT FIVE FEET. MR. UNA PASS. WHAT IF I GO MS. KAPLAN? I CONCUR. MR. SPIELMAN, I CONCUR. MS. LES, I CONCUR. MR. MENCHACA I CONCUR. MS. CRUZ, I CONCUR. MR. ZUNIGA. I CONCUR. MR. ZUNIGA. ZUNIGA, YOU'RE ZUNIGA. YEAH, I CONCUR. OKAY. I, HELL, I FORGOT MY NAME THERE. . MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. VASQUEZ. I CONCUR. MS. BRAGMAN, I CONCUR. UM, CHAIR ORIAN, I ALSO CONCUR. A MOTION IS OFFICIALLY, UH, FORMALLY AMENDED TO A FIVE FOOT VARIANCE, UH, WITH, IF THERE'S NO FURTHER DISCUSSION ON THE FIVE FOOT, LET'S TAKE A ROLL CALL. VOTE ON THAT. MS. KAPLAN, I CONCUR. CHAIR OR MR. OZUNA? I CONCUR. MR. SPILLMAN. I CONCUR. MS. INGLES I CONCUR. MR. MANCHACA I CONCUR. MS. CRUZ, I CONCUR. MR. ZUNIGA? I CONCUR. MR. MANNA, I CONCUR WITH THE FINDINGS OF FACT. MR. VASQUEZ. I CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT MOTION PASSES. SO WHAT THAT MEANS, SIR, IS, IS THAT, UH, YOU, YOU CAN PUT THE FACE OF POST FIVE FEET AWAY FROM YOUR PROPERTY LINE. AMEN. YOUR SURVEY IS SHOWING YOUR PROPERTY IS 24 FEET. YOU MIGHT WANT TO GET THAT VERIFIED JUST TO BE SAFE. YEAH. UM, ONE WAY TO DO THAT IS IT'S SAYING THAT YOU HAVE 9.8 FEET FROM THE FACE OF CURB TO THE PROPERTY LINE, AND THEN 24 FEET TO THE HOUSE. SO IF YOU'VE GOT 33.8 FEET FROM THE FACE OF CURB TO THE FRONT PLANE OF YOUR HOME, THEN THAT SURVEY IS, WOULD, WOULD BE SOMETHING YOU COULD GO, GO WITH. AND OF COURSE, THE SURVEY WAS GIVEN TO ME BACK IN 2010 WHEN I, WHEN I PURCHASED THE HOUSE. WE USUALLY DON'T SEE THEM OFF TWO FEET. SO YEAH, YOU MIGHT WANNA JUST VERIFY THAT, BUT I'M SURE WILL. YEAH. 'CAUSE IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. ABSOLUTELY. THANK YOU, CHAIRMAN. APPRECIATE YOUR TIME. THANK YOU. COMMISSIONER. CHAIRMAN? UH, SIR? YES, SIR. I KNOW YOU MENTIONED, UH, THE LAST TIME THAT, UH, WE, WE WERE THE SAME NINE OF THE LIKES AND THAT YOU'D BEEN TOLD THAT, UH, THE MORE TO, TO WAIT FOR THE 11 BE SO YOU WOULD PASS. I MEAN, THAT WAS, THAT WAS NOT A CODE IN THERE. AND, UH, WE DON'T DO THAT. THANK YOU VERY MUCH, SIR. THANK YOU. HAVE A GOOD DAY. OKAY. HAVE A GOOD DAY, SIR. THANK YOU SO MUCH. I APPRECIATE. ALL RIGHT. WE'RE GOING TO, WE'RE GONNA BUMP UP ITEM NUMBER FOUR SINCE I GOT CUT OFF AT THE LAST MEETING. SO CASE ENDING IN 60 BO O A DASH TWO THREE DASH 1 0 3 0 0 0 6 0. ADDRESS BEING 9 2 4 IOWA STREET IN CITY COUNCIL. DISTRICT TWO, APPLICANT BEING ALBERTO CUBIS. A REQUEST FOR A THREE FOOT FOUR INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT TO HAVE A ONE FOOT EIGHT INCH SIDE SETBACK. TWO, A FIVE FOOT, 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A CARPORT TO HAVE A FOUR FOOT, ONE INCH FRONT SETBACK. THREE, A VARIANCE FROM THE FENCE MATERIALS TO ALLOW A CORRUGATED METAL FENCE ALONG THE WESTERN PROPERTY. LINE. FOUR, A THREE, A THREE FOOT SPECIAL EXCEPTION [00:35:01] FROM THE MAXIMUM THREE FOOT FRONT YARD FENCE HEIGHT REQUIREMENT TO ALLOW A SIX FOOT SOLID SCREEN FENCE ALONG THE WESTERN PROPERTY. LINE FIVE, AN EIGHT INCH SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT FRONT YARD FENCE SITE REQUIREMENT TO ALLOW A FIVE FOOT EIGHT INCH, PREDOMINANTLY OPEN FENCE ALONG THE NORTHERN PROPERTY LINE. AND SIX, A SEVEN FOOT THREE INCH VARIANCE FROM THE MINIMUM 15 FOOT DRIVEWAY CLEAR VISION REQUIREMENT TO ALLOW FENCE TO BE SEVEN NINE FROM THE FRONT CURB. THESE CURRENT ZONING IS RM FOUR. THE SUBJECT PROPERTIES LOCATED ALONG IOWA STREET NEAR MARTIN LUTHER KING DRIVE IN THE EAST EAST SIDE OF SAN ANTONIO. THE APPLICANT WAS IN THE PROCESS OF CONSTRUCTING A CARPORT IN THE FRONT YARD WHEN THEY WERE CITED BY CODE ENFORCEMENT FOR A BUILDING WITHOUT A PERMIT. THE CARPORT IS ANTICIPATED TO BE ONE FOOT EIGHT INCHES FROM THE SIDE PROPERTY LINE AND FOUR FOOT ONE INCHES FROM THE FRONT PROPERTY LINE. UPON SITE VISIT, STAFF OBSERVED OTHER REQUESTS THAT NEEDED TO BE ADDRESSED, THOSE OF WHICH INCLUDE A SIX FOOT SOLID SCREENED, UH, CORRUGATED METAL FENCE, UH, A PROHIBITED FENCE MATERIAL EXCEEDING HEIGHT REQUIREMENTS ALONG THE WESTERN PROPERTY LINE PAST THE FRONT FACADE OF THE HOME. FURTHERMORE, STAFF OBSERVED A SECOND FENCE ALONG THE NORTHERN PROPERTY LINE THAT WAS PREDOMINANTLY OPEN AND MEASURED FIVE FOOT EIGHT INCHES IN HEIGHT DUE TO THE NORTHERN PROPERTY LINE FENCE BEING CLOSED TO THE CURB. THE APPLICANT ALSO VIOLATED THE MINIMUM CLEAR VISION DISTANCE OF 15 FEET IF LOCATED NEAR A DRIVEWAY. STAFF MEASURED THE FENCE TO BE SEVEN FOOT NINE INCHES FROM THE FRONT CURB. AND THEN THIS IS THE SITE PLAN AND THEN THE SUBJECT PROPERTY. OKAY. AND THEN THIS IS A PHOTO OF THE, UM, THE POSTS, AND THEN THIS IS THE CLEAR VISION MEASUREMENT AND THEN THE SURROUNDING AREAS. STAFF RECOMMENDATION FOR THE SIDE AND FRONT SETBACK, CLEAR VISION AND CORRUGATED METAL VARIANCES. STAFF RECOMMENDS A DENIAL IN BO O A DASH 23 DASH 0 3 0 0 0 6 0 BASED ON THE FOLLOWING. ONE, THE CARPORT IN ITS CURRENT LOCATION DOES NOT PROVIDE ADEQUATE SPACING, WHICH MAY INJURE THE NEIGHBORING PROPERTY. TWO, THE REQUEST FOR CLEAR VISION IS CONTRARY AS THIS DISTANCE PROPOSES ON THE SAFETY OF TRAFFIC. AND THREE, CORRUGATED METAL IS A PROHIBITED FENCE MATERIAL. STAFF RECOMMENDATION FOR THE SPECIAL EXCEPTION FOR THE NORTHERN WESTERN PROPERTY LINE FENCE HEIGHT MODIFICATIONS, STAFF RECOMMENDS DENIAL AND BO O A DASH TWO THREE DASH 0 3 0 0 0 6 0 BASED ON THE FOLLOWING. ONE FRONT YARD, SOLID SCREEN FENCES THAT DEVIATE FROM THE THREE FOOT MAXIMUM WERE NOT SEEN IN THE IMMEDIATE AREA. AND TWO, THE APPLICANT COULD ALTER THE PREDOMINANTLY OPEN FENCE TO MEET THE MAXIMUM OF FIVE FOOT REQUIREMENT FOR THE FRONT YARD FENCES. AND THEN THIS IS THE NOTIFICATION PLAN. STAFF MAILED OUT 27 NOTICES. ZERO RETURNED IN FAVOR, ZERO IN OPPOSITION. AND DENVER HEIGHTS NEIGHBORHOOD ASSOCIA ASSOCIATION IS IN OPPOSITION OF THE REQUESTS. AND THEN THIS IS A LETTER OF OPPOSITION FROM DENVER HEIGHTS, AND THIS CONCLUDES STAFF'S PRESENTATION. AND THE APPLICANT IS PRESENT AND HE WILL NEED A TRANSLATOR. ALRIGHT, LET'S HAVE THE APPLICANT COME FORWARD. THANK YOU. HI, THIS, I'M JOSE GABO. I'M WITH MY FATHER-IN-LAW, ALBERTO COBIO IN THIS CASE. UH, I I'M NOT SURE IF, UH, YOU ARE, YOU ARE LIKE, EXCUSE ME FOR MY ENGLISH. IT'S NOT TOO GOOD, BUT IT'S NOT A NEW CONSTRUCTION. IT'S A, IT IS NOT A NEW CARPORT. MY, MY, MY FATHER-IN-LAW BROUGHT HIS HOUSE SINCE, UM, 20 YEARS MORE, MORE OF 20 YEARS AGO. AND THE CARPORT WAS THERE. AND, UH, HE USED REPLACING THE, THE, THE, THE WOOD FROM THE TOP TO, BECAUSE THE, THE, THE WAS TO LOOSE THE, THE, THE ROOF WAS TO DO TOO LOOSE. AND THE HERE ARE REPLACING THE USE, THE, THE, THE, I MEAN THE WOOD PART ON THE CARPORT. AND THE, THE, THE FENCE ON THE, ON THE SIDE IS NOT FROM HIS HOUSE. IT'S TO THE, THE NEIGHBOR NEXT DOOR. THE ONE IS 7, 7 9, THE, I THINK IT'S FROM. AND, UH, ON THE SCREEN, ON THE SCREEN PANELS, THE, THE METAL SCREEN PANELS ON THE FRONT IS FIVE FEET. BUT I THINK THE, THE GROUND [00:40:01] ON, ON THE, IS TOO HIGH ON THE, ON THE SIDEWALK IS TOO, IS, I MEAN, WITH THE TIME IT IS, IT'S TOO, TOO LOW FROM, FROM THE, AND IT'S, IT'S SEEING MORE HIGH ON THE, ON THE METAL FENCES. BUT IT'S, IT, I HAVE THE, I HAVE THE MEASURES ON THE, I TAKE A PICTURE. IT IS JUST FIVE FEET. AND I'M NOT SURE IF YOU HAVE MORE QUESTIONS. CAN I ASK A QUESTION? UH, CHAIRMAN? YES. UH, FOR CLARIFICATION, TRANSLATOR, HE'S SAYING THAT THE FENCE, CORRUGATED FENCE, WE HAVE STUDENT, IT IS NOT HIS, IT'S THE NEIGHBORS. WHICH ONE? THE ONE AT THE SIDE OR IN FRONT? NO, THE ONE ON THE RIGHT. DOES IT BELONG TO ONE NEIGHBOR OR IS IT BOTH NEIGHBORS OWN IT. THE CORRUGATED. IT'S LAINA. IT'S OVER THE NEIGHBORHOOD. I MEAN, ON THE NEXT, NEXT NEIGHBOR, NEXT DOOR, HE OWNS THE WHOLE CORRUGATED FENCE. YEAH. THANK YOU. STAFF. DID YOU, UH, WHEN YOU, UH, WENT OUT THERE AND DID YOUR, UH, INITIAL SITE VISIT, UH, WAS THAT BROUGHT UP AT ALL? UH, HE DID HAVE SOME ON HIS SIDE, BUT HE INFORMED ME LAST MINUTE THAT HE TOOK THE PORTION THAT WAS ON HIS SIDE DOWN. UM, OKAY. BUT I THINK HE'S SAYING RIGHT NOW, THE REST OF IT BELONGS TO HIS NEIGHBOR. OKAY. 'CAUSE IN THE, DO WE HAVE ENOUGH IN THE, IN THE SUB, IN THE EXHIBIT THAT'S ON THE SCREEN, IF YOU FOLLOW THE CORRUGATED FENCE DOWN, IT LOOKS LIKE THERE'S A WOOD FENCE THAT CONTINUES BEYOND IT WITH THE FINISH SIDE FACING THE NEIGHBORS. AND I, AND IT LOOKS LIKE IT MIGHT BE, I DON'T KNOW IF THAT'S IN LINE WITH THE CORRUGATED OR A LITTLE BIT FURTHER TO THE NEIGHBOR'S PROPERTY. UM, I DON'T KNOW IF Y'ALL, IF ANYBODY ON STAFF RECOLLECTS THAT OBSERVATION AT ALL? I, I, I THINK IT WAS IN LINE. OKAY. IF I REMEMBER CORRECTLY. ALRIGHT. UM, ANY OTHER COMMISSIONER QUESTIONS? UM, COMMISSIONER KAPLAN. OKAY. ON THE APRIL 22, UM, UH, GOOGLE VISION, THERE IS A CARPORT THERE. YEAH. IF YOU CHECK ON GOOGLE IS, UH, THE CARPORT IS THERE LIKE, SINCE, SINCE 2007, LIKE I TOLD YOU, UM, MY, MY FATHER-IN-LAW, WHAT DID YOU DO? DID YOU, IS THIS, IS THIS, OKAY, SO YOU TAKE THAT CARPORT DOWN? NO, HE ARE REPLACING JUST THE, THE, THE TOP, THE, THE WOOD PART ON THE, ON THE TOP OF THE CARPORT. OKAY. BUT WHEN HE TAKE DOWN, SO HOW LONG HAD THAT BEEN THERE? HOW LONG HAS THE CARPORT BEEN THERE? IT'S LIKE MORE OF 20 YEARS, LIKE RIGHT THERE. WELL, THE, THE, IT LOOKS LIKE THE CARPORT AND THE CURRENT PICTURES, THERE'S NO CARPORT THERE. NOW THERE'S JUST SOME NEW POSTS. YEAH, IT, IT, YEAH, IT IS A REASON WHEN, WHEN HE TAKE IT DOWN THE ROOF, THE GOT COMPLAINTS GOES AND, AND ASK FOR A, FOR A PER PERMIT. BUT, UH, IT'S, IT IS NOT A NEW CONSTRUCTION. IT'S JUST REMODELING. I MEAN, BECAUSE THE, THE, THE WOOD ON THE TOP, THE, THE TWO WHITE FORESTS WAS LOSING. I MEAN, EVERYTHING IS DONE COME DOWN BY, BY ITSELF. OKAY. YOU'RE JUST RECONSTRUCTING IT. WHAT YEAR WAS THE PICTURE TAKEN? THIS PICTURE? DO WE KNOW? UH, STAFF. WHEN WAS THAT PICTURE TAKEN? THIS IS THE STAFF PICTURES. UH, ABOUT A MONTH AGO, I BELIEVE. OKAY. ANY OTHER QUESTIONS? MICKA? COMMISSIONER MICKA? UH, ONE MORE JUST FOR CLARIFICATION. UH, BACK 2007, I CAN SEE HERE THAT, UH, THE FENCE WAS NOT COMPLETELY SOLID ALL THE WAY FROM THE FRONT TO THE BACK. SO THEN THE PANELS WERE, WERE VERTICAL, NOT HORIZONTAL IS WHAT IT APPEARS. WHO FIXED THE FENCE? UH, THE, THE FENCE NEXT, NEXT DOOR? YES. UH, RIGHT NOW, THE, THE, THE, THE CORRUGATED, THE CORRUGATED LA LA LIMITED IS, IS NOT THERE. IT'S JUST THE, THE WOOD, THE WOOD, UH, THE WOOD FENCE. BUT IT IS, IT IS, UH, FROM THE N NEIGHBOR NEXT DOOR. I GUESS WE'RE LACKING A CURRENT PICTURE OF WHAT THE ST THING REALLY LOOKS LIKE. RIGHT. IT ISSUES, SOUNDS LIKE THEY REMOVED IT, IT SOUNDS LIKE THEY REMOVED IT MANNA. SO, COMMISSIONER, MAYOR. SO, YOU KNOW, I GUESS I'M A LITTLE CONFUSED WITH REGARDS TO THE FENCE ITSELF. I, YOU KNOW, FROM WHAT I'M HEARING, YOU KNOW, THIS, THAT'S NOT PART OF THIS CASE ANY LONGER. WOULD THAT BE TRUE? THAT'S WHAT I'M UNDERSTANDING AS WELL, SIR. OKAY. SO, SO, SO REALLY WE'RE JUST TALKING ABOUT THE CARPORT, AND IT WOULDN'T BE CLEAR VISION EITHER, BECAUSE IT'S NOT THEIR FENCE, UM, OUTSIDE OF THE CHAIN LINK FENCE BEING, I GUESS IN FRONT BEING HIGHER THAN FOUR FOOT. SO, SO BE CLEAR VISION FOR THE HEIGHT OF THE FRONT FENCE, THAT'S PREDOMINANTLY OPEN ALREADY, RIGHT? [00:45:01] OKAY. YEAH. THEY STILL NEED THE CLEAR VISION. IT'S NOT IF, IF IT'S NOT HIS, THE NEIGHBORS. YEAH. IF IT'S A NEIGHBOR IN THE FRONT OF THE HOUSE. OH YEAH. SO A CHAINLINK FOUR FOOT FOR THE FRONT. RIGHT. OKAY. ANY OTHER QUESTIONS? ALL RIGHT, I'M NOT HEARING ANY OTHER QUESTIONS. UH, IS THERE ANYONE SIGN UP TO SPEAK ANY PUBLIC COMMENTARY? THERE'S NO PUBLIC COMMENT. OKAY. UH, IS THE APPLICANT, IS THERE ANYTHING YOU'D LIKE TO ADD? NO, THERE'S AN ISSUE HERE. NO, NO, NO. OKAY. UH, MOTION. OKAY. COMMISSIONER KA WILL MAKE A MOTION, UH, REGARDING CASE 23 DASH 1 0 3 0 6. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR, WELL, THIS IS IT. WE'RE, WE'RE, NO, WE'RE ONLY GIVING A, FOR A, A VARIANCE FOR THE FOUR FOOT FENCE IN THE FRONT. IS THAT WHAT I'M UNDERSTANDING? MA'AM, CAN YOU SPEAK IT IN INTO YOUR MIC SO WE CAN, OKAY, WHAT DO, OKAY, SO NOW I AM CONFUSED BECAUSE WE DON'T HAVE A, MAYBE I SHOULDN'T HAVE GIVEN THIS. UM, FIRST OFF, OKAY, FOR A THREE FOOT, FOUR INCH VARIANCE IN THE MINIMUM FIVE FOOT SIDE SET BACK TO ALLOW A CARPORT TO HAVE A ONE FOOT EIGHT INCH SIDE SETBACK TO A FIVE FOOT 11 VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A CARPORT TO HAVE A FOUR FOOT, ONE INCH FRONT SETBACK. UH, THE, THE VARIANCE WE DON'T NEED FOR THE FENCE BECAUSE HE DOESN'T OWN THAT. UM, FOR A SEVEN, UH, THE CLEAR VISION WOULDN'T BE HIS EITHER, BECAUSE THAT'S THE NEIGHBOR. SO THE NUMBER FIVE, THE CLEAR VISION, THE CLEAR VISION HE STILL NEEDED BECAUSE OF THE FRONT FENCE. THE FRONT FENCE. OKAY. UM, A BUT IT'S NOT A SEVEN FOOT THREE VARIANCE FROM THE MINIMUM 15 FOOT IS IT, IS THAT WE'RE STILL READ THAT INTO, UH, 'CAUSE IT'S, IT WOULD BE FOR A SEVEN FOOT THREE SEVEN FOOT, THREE INCH VARIANCE FROM THE MINIMUM 15 FOOT DRIVEWAY. OKAY. DRIVEWAY CLEAR VISION TO ALLOW A FENCE TO BE SEVEN FEET, NINE INCHES FROM THE FRONT CURB SITUATED AT 9 2 4 IOWA STREET. APPLICANT BEING ALBERTO CUBIS, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOWED 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 HEART. SPECIFICALLY, WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE INTEREST IS DEFINED AS THE JOURNAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE APPLICANT IS REQUESTING A VARIANCE TO THE SIDE AND FRONT SET BACK TO ALLOW A CARPORT TO BE ONE INCH, ONE FOOT EIGHT INCHES FROM THE SIDE PROPERTY LINE, AND FOUR FEET ONE INCH FROM THE FRONT PROPERTY LINE. THESE DISTANCES PROVIDE ADEQUATE SPACING BETWEEN THE CARPORT AND NEIGHBORING PROPERTY CITY RIGHT OF WAY, WHICH IS NOT CONTRARY TO THE PUBLIC INTEREST. ADDITIONALLY, THE APPLICANT, UH, IS REQUESTING A SEVEN FOOT THREE INCH VARIANCE TO ALLOW A FENCE TO BE SEVEN FEET NINE INCH FROM THE FRONT DRIVEWAY. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY SITE DISTANCES FOR DRIVEWAYS TO ASSURE VEHICULAR TRAFFIC PROTECTION. STAFF FINDS THAT THIS REQUEST IS NOT CONTRARY AS THIS DISTANCE PROVIDES A SUITABLE AMOUNT OF SPACE. LASTLY, THE APPLICANT IS REQUESTING A VARIANCE, UH, THAT WE DON'T NEED TO DO, UM, SINCE IT'S NOT HIS FENCE. 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 CARPORT BEING REDUCED TO MAINTAIN AND FIVE FEET SIDE AND 10 FOOT FRONT SIDE BACK, WHICH WOULD DECREASE THE SQUARE FOOTAGE OF THE CARPORT. FURTHER ALTERING THE FENCE TO MEET THE CLEAR VISION. DISTANCE REQUIREMENT OF 15 FEET WOULD RESULT IN AN UNNECESSARY HARDSHIP BY REDUCING THE SIZE OF THE FRONT YARD. THE ADDITIONAL VARIANCE REQUEST TO ALLOW, UH, NO, WE'RE NOT GONNA READ THAT PART IN THREE 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 PROPOSED SIDE AND FRONT SETBACK APPEARED TO OBSERVE THE SPIRIT OF THE ORDINANCE OF THE CURRENT DISTANCE IS A REASONABLE DISTANCE TO THE ADJACENT PROPERTY AND FRONT PROPERTY LINE. FURTHER, UH, THE CLEAR VISION REQUEST WILL OBSERVE THE SPIRIT OF THE ORDINANCE BY PROVIDING A SAFE DISTANCE BETWEEN THE TWO POINTS, ALLOWING VEHICULAR TRAFFIC TO NOT BE OBSTRUCTED. 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. 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 CARPORT WILL MAINTAIN ONE FOOT EIGHT INCHES FROM THE SIDE PROPERTY LINE AND FOUR FEET, ONE INCH FROM THE FRONT PROPERTY LINE, WHICH IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT OR INJURE NEIGHBORING CONFORMING PROPERTIES. FURTHERMORE, THE CLEAR VISION REQUEST WILL NOT INJURE ADJACENT PROPERTIES AS OTHER FRONT YARD FENCES WERE OBSERVED IN THE IMMEDIATE VICINITY. UH, SIX, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL [00:50:01] AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS LIMITED BUILDABLE AREA AND NOT MERELY FINANCIAL END OF MOTION. SECOND, SECOND. GOODBYE. COMMISSIONER MANNA. UH, COMMISSIONER KAPLAN? YEAH, I'M GONNA BE IN FAVOR OF THIS VARIANCE, UH, FOR SEVERAL REASONS. ONE IS A, HE DOES NOT OWN THE CAR, THE, THE METAL FENCE. AND SO HE'S NOT, I THINK THE REAL ISSUE WITH THE VISION IS, IS THE, UH, CORRUGATED, THE, THE METAL FENCE THAT'S ADJACENT TO, UM, UH, THE TESTIMONY IS THAT THE CARPORT, UH, HAD BEEN AN EXISTING USE AND HE WAS JUST MERELY, UM, UH, UH, REDOING THE ROOF ON IT. SO, UM, I KIND OF THINK SINCE IT'S BEEN THERE FOR A LONG TIME, UH, HE SHOULD CONTINUE TO HAVE THE USE OF THAT COMMISSIONER MANNA. SO I'D LIKE TO OFFER A FRIENDLY AMENDMENT TO INCLUDE THE WORD PREDOMINANTLY OPEN WITH REGARDS TO THE FENCING, BECAUSE AS IT READS NOW, HE COULD HAVE A SOLID SCREEN FENCE ON THE SIDE PROPERTY. AND SO, SO, SO I'D LIKE TO PROPOSE THAT YOU AMEND IT TO, UH, INCLUDE PREDOMINANTLY OPEN WITH REGARDS TO THE DESCRIPTION OF THE FENCE. WE WILL AMEND IT TO PREDOMINANTLY OPEN. AND THAT IS REGARDING, UM, ITEM NUMBER FOUR OF THE MOTION? THAT'S CORRECT. OKAY. AND WHAT ABOUT THAT? WOULD THAT, THAT, THAT WOULD BE FOR NUMBER SIX, YOU MEAN? WELL, THERE, WELL, ITEM NUMBER FOUR W IS A THREE FOOT VARIANCE ON THE MAXIMUM THREE FOOT FRONT. WELL, THAT'S, NO, THAT'S THE SPECIAL EXCEPTION YOU'RE JUST TALKING ABOUT. NO, I'M TALKING ABOUT, SO NUMBER, NUMBER FOUR, IT'S A VARIANCE FROM THE, UH, MINIMUM 15 FOOT DRIVEWAY CLEAR VISION TO ALLOW A FENCE. AND I WOULD LIKE THAT TO READ A PREDOMINANTLY OPEN FENCE THERE. RIGHT? NO, I GOT IT. I WAS LOOKING AT THE ITEMS FROM THE YES. YEAH. GENERAL. SO, OKAY. AND WITH THAT, WITH THAT ADOPTION THEN I, I, I AGREE. IS THAT OKAY? COMMISSIONER KAPLAN? YES. ALRIGHT. SO THIS HAS BEEN A FRIENDLY AMENDMENT TO, TO ADJUST, UH, THE, THE WORDING AND THE CLEAR VISION, UH, SECTION FOR THE FENCING TO BE PREDOMINANTLY OPEN. AND THAT ALSO WOULD BE IN, UH, THE READING OF VARIANCE, UH, NUMBER ONE, UH, WITH REGARDS TO THE SPECIAL, UH, PUBLIC INTEREST AND TO ALLOW A PREDOMINANTLY OPEN FENCE. OKAY. UH, IS THERE ANY OTHER COMMISSIONER COMMENTS? JUST SMALL CLARIFICATION. COMMISSIONER MACHACA OR MYSELF? SO NUMBER THREE, THE CORRUGATED DEFENSE. THAT SHOULD BE STRUCK OUT COMPLETELY. YES, THAT'S RIGHT. I DID NOT READ CORRUGATED DEFENSE IN GOOD. OKAY. SO IF THERE'S NOTHING ELSE, WE HAVE A MOTION, UM, UM, AS, AS SUGGESTED WITH, WITH THE ITEM REGARDING THE CORRUGATED FENCING REMOVED AND AN AMENDMENT ON THE, ON THE CLEAR VISION TO BE, HAVE THE WORDS PREDOMINANTLY OPEN. UH, IF THE STAFF MUST HAVE A ROLL CALL VOTE. MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. S SPILLMAN, I CONCUR WITH THE FINDINGS OF FACT. MS. INGLES. I CONCUR. MR. MENCHACA I CONCUR. MS. CRUZ I CONCUR. MR. ZUNIGA I CONCUR. MR. VASQUEZ. I CONCUR. MS. BRAGMAN I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA. I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. UH, NOW LET'S HAVE A MOTION FOR THE SPECIAL EXCEPTION, PLEASE. MANA COMMISSIONER MANNA REGARDING CASE NUMBER BO 8 2 3 1 0 3 0 0 0 6 0. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A EIGHT INCH SPECIAL EXCEPTION FOR THE MAXIMUM FIVE FOOT FRONT FENCE HEIGHTS TO ALLOW A FIVE FOOT EIGHT INCH PREDOMINANTLY OPEN FENCE ALONG THE NORTHERN PROPERTY LINE, SITUATED AT 9 2 4 IOWA STREET, APPLICANT BEING ALBERTOS, UH, CABILLA BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF PROPERTY SUCH THAT LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. UH, SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT PURPOSE OF THE CHAPTER. THE D C STATES THAT THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR A FENCE HEIGHT MODIFICATION. A FIVE FOOT EIGHT INCH PREDOMINANTLY OPEN FENCE WAS OBSERVED ALONG THE NORTHERN PROPERTY LINE THAT DEVIATES FROM THE FIVE FOOT MAXIMUM HEIGHTS REQUIREMENT. IF GRANTED STAFF FINDS THE REQUEST TO BE HARMONIOUS WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE, B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THESE CRITERIA ARE REPRESENTED BY FENCE SITES TO PROTECT RESIDENTIAL PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY. THE FENCES IN THE FRONT, UH, INSIDE YARDS ARE EXCEEDING THE MAXIMUM HEIGHT REQUIREMENT AND ARE PREDOMINANTLY OPEN. UM, THE FENCE AT THE CURRENT HEIGHT APPEARS TO SERVE THE PUBLIC WELFARE AND CONVENIENCE. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE FRONT AND SIDE YARD FENCES WOULD PROVIDE ADDITIONAL PRIVACY FOR NOT ONLY THE SUBJECT PROPERTY, BUT THE ADJACENT PROPERTIES. THEY'RE NOT SUBSTANTIALLY, UH, THEY DO WILL NOT SUBSTANTIALLY INJURE NEIGHBORING PROPERTY OR ADJACENT CONFORMING PROPERTIES. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL [00:55:01] CHARACTER OF THE DISTRICT AND LOCATION OF WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT UPON. SITE VISITS, STAFF OBSERVE OTHER FENCES THAT APPEAR TO BE DEVIATING FROM THE MAXIMUM FRONT YARD, UH, HEIGHT, FENCE, FENCE, HEIGHT, UH, REQUIREMENTS FOUND IN THE COMMUNITY. THE EXCEPTIONS DO NOT ALTER THE CENTRAL CHARACTER OF THE DISTRICT. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE AND ESTABLISHED FOR THE SPECIFIC DISTRICT. THE CURRENT ZONING PERMITS THE CURRENT USE OF A SINGLE FAMILY HOME. THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT AND OF MOTION. SECOND. SECOND BY COMMISSIONER KAPLAN. COMMISSIONER MANNA. UM, YES. SO, SO I DID NOT READ THE FIRST AMENDMENT, UH, WITH REGARDS TO THE, UH, SOLID SCREEN FENCING. SO THAT WAS LEFT OUT AND REALLY JUST PROVIDED THE EXCEPTION FOR THE EXISTING FENCE IN THE FRONT YARD. OKAY. COMMISSIONER KAPLAN, REALLY GET WHAT YOU JUST SAID, . SO BASICALLY TOOK OUT THE SOLID SCREEN FENCING ALONG THE SIDE. OH, OKAY. I DIDN'T READ THAT IN THE MOTION. GOT IT. I NO, I, I AND I I CONCUR WITH THIS. UM, WITH THIS. WELL, UH, I JUST WANTED TO ASK, UH, THEY, THEY WERE ASKING FOR A SIX FOOT SOLID FENCE. UH, WOULD IT BE, COULD THEY GET A FIVE FOOT EIGHT PREDOMINANTLY OPEN FENCE? YES, I GUESS SO. SO, SO, YES, I WOULD CONCUR WITH THAT. SO, AND THAT'S WHAT I GUESS IMPLIED WHEN I, YEAH, I GUESS IT WAS SPECIFIC FOR, IT'LL BE THE FRONT YARD THEN. SO, SO FIVE FOOT, EIGHT INCH FOR THE FRONT YARD, ESSENTIALLY, RIGHT? YEAH. SO YOU WOULD, SO WHAT WOULD HAPPEN TO ITEM NUMBER TWO STAYS? BUT ITEM NUMBER ONE WOULD BE READ INTO, TO READ AN EIGHT INCH VARIANCE TO ALLOW A, A PREDOMINANTLY OPEN FENCE ALONG THE WESTERN PROPERTY LINE. I TAKE THAT FRIENDLY AMENDMENT. OKAY, COMMISSIONER KAPLAN? I DO. ALRIGHT, SO WE HAVE A MOTION SPECIAL EXCEPTION BEFORE US. IS THERE ANY OTHER COMM COMMENTS HEARING NONE OF US HAVE A ROLL CALL VOTE PLEASE. MR. MANNA, I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN CONCUR WITH THE FINDINGS OF FACT. MR. SPILLMAN, I CONCUR. MS. KELS I CONCUR. MR. MENCHACA I CONCUR. MS. CRUZ I CONCUR. MR. ZUNIGA I CONCUR. MR. VASQUEZ. I CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. UNA, I CON I CONCUR CHAIR. I ALSO INCURED THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. UM, THE APPLICANT CAN PLEASE GET WITH STAFF IF THEY HAVE ANY QUESTIONS. ALL RIGHT, NEXT ITEM IS ITEM TWO, CASE ENDING IN 49. GOOD AFTERNOON, BO O 8 23 1 0 3 0 0 0 4 9. ADDRESS IS GENERALLY LOCATED IN THE 26,000 BLOCK BODE ROAD COUNSEL. DISTRICT NINE APPLICANT IS KELLEN GRIFFIN IN FAIRMONT. A REQUEST FOR ONE, A 15 FOOT VARIANCE FROM THE MAXIMUM 35 FOOT SIGN HEIGHT ALLOWANCE TO ALLOW A 60 FOOT TALL SINGLE TENANT SIGN WITH A 10 FOOT ELEVATED ADJACENT GRAIN BONUS AND TWO 140 FOOT SQUARE FEET VARIANCE FROM THE MAXIMUM 200 SQUARE FOOTAGE TO ALLOW A SINGLE TENANT SIGN TO BE 340 SQUARE FEET. ZONING IS C TWO. SUBJECT PROPERTY IS LOCATED ALONG THE CORNER INTERSECTION OF BO VERDE ROAD AND US 2 81. THE LOCATION PROVIDES A UNIQUE SET OF CIRCUMSTANCES SUCH AS DECREASED VISIBILITY AND LIMITED ACCESSIBILITY. THE RECENT OVERPASS CONSTRUCTION HAS CREATED AN EXPRESS WEIGHT, HAS ELEVATED SIGNIFICANTLY ABOVE THE PROPERTY, AND ADDITIONALLY DUE TO DRAINAGE IMPROVEMENTS IN EXISTING POWER LINES IN THE PROXIMITY TO THE INTERSECTION OF US 21 NORTH AND VERDE ROAD, THE PROPOSED SIGN WILL SET BACK FAR INTO THE PROPERTY. HERE'S YOUR SITE PLAN AND YOUR SUBJECT PROPERTY, A NEIGHBORING PROPERTY AND OF VIEW OF, UH, US 2 81 AND THE SURROUNDING AREA. RECOMMENDATIONS SITE HEIGHT AND SQUARE FOOTAGE. MAXIMUM VARIANCE. STAFF RECOMMENDS DENIAL AND B O A 23 1 0 3 0 0 0 4 9 BASED ON THE FOLLOWING FINDINGS, THE NEW PROPOSED SIGN HEIGHT AND SQUARE FOOTAGE ARE EXCEEDING THE US 2 81 NORTH GATEWAY CORRIDOR DISTRICT PLAN. AND TWO, THE CURRENT ALLOWABLE HEIGHT AND SIZE WILL NOT CAUSE A SENSATION OF LEGITIMATE LONGSTANDING ACTIVE COMMERCIAL USE OF THE PROPERTY NOTIFICATION PLAN. STAFF MAILED OUT FOUR NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION. AND THERE ARE NO NEIGHBORHOOD REGISTERED ASSOCIATIONS. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. OKAY, BEFORE YOU GO, UM, WHEN DID THE CORRIDOR PLAN GET PASSED? DO YOU KNOW? DO YOU RECALL THE APPROXIMATE DATE? UH, OR YEAR? I'D HAVE TO LOOK AT IT FOR YOU. I I CAN LOOK UP FOR YOU. I'M JUST WONDERING IF IT'S, IF TRYING TO FIGURE OUT IF IT, HOW MUCH IT'S, IT PREDATES THE CURRENT, UH, CHANGES TO [01:00:01] S 2 81. AND, UH, I BELIEVE WE HAVE A, A GENTLEMAN FROM THE SIGN. YES, WE HAVE TO SIGN. WELL, SURE. WE'LL HAVE SOME QUESTIONS FOR YOU. OKAY. WHILE WE'RE DOING THAT, IS THERE ANYONE SIGNING TO SPEAK OR ANY PUBLIC COMMENTARY? WE HAVE ONE VOICEMAIL FOR THIS ITEM AND THE FOLLOWING SIGN, UH, VARIANCE, IF YOU WANNA PLAY THAT NOW. YEAH, I'D LIKE TO HEAR THE VOICEMAIL NOW. UM, WHILE YOU'RE LOOKING UP THAT DATE, PLEASE. MY NAME IS COLLEEN WAPAC, 1603 TARTAN LANE, SAN ANTONIO, 7 8 2 3 1 2 1 0 2 5 9 7 0 6 7. I AM COMMENTING ON ITEMS NUMBER TWO AND NUMBER THREE. THESE ITEMS ARE BOTH REQUESTING AN INCREASE IN SIGN HEIGHT, IN EXCESS OF THAT OF THE ALLOWED MAXIMUM HEIGHT. BOTH LOCATIONS ARE NEAR OVERPASSES, HOWEVER, THE CURRENT SIGN CODE ALREADY ALLOWS FOR ADDITIONAL HEIGHT IN AREAS ADJACENT TO OVERPASSES. THE PETITIONER IS REQUESTING AN ADDITIONAL HEIGHT ALLOWANCE. THESE LOCATIONS ARE BOTH IN RAPIDLY DEVELOPING AREAS WITH MUCH OPEN AREA FOR FUTURE DEVELOPMENT. ITEM NUMBER TWO IS THE HILL COUNTRY GATEWAY CORRIDOR, WHICH HAS SPECIFIC RESTRICTIONS ON BOTH SIGN HEIGHT AND SIZE. THE PETITIONER IS ASKING FOR A VARIANCE TO BOTH OF THESE ITEMS. THE VARIANCE TO THE MAXIMUM PERMITTED SIGN WOULD BE 170% TO THE PERMITTED CURRENT PERMITTED SIGN. IN ITEM NUMBER THREE, IN ADDITION TO AN INCREASE IN HEIGHT, PETITIONER IS REQUESTING A 90% DECREASE FROM THE RIGHT OF WAY SETBACK. NEITHER OF THESE CASES NEEDS THE VARIANCE TO EXIST AS A VIABLE BUSINESS ENTITY. IF THIS PROPERTY IS NOT DEVELOPED BY THE PETITIONER, IT WILL LIKELY BE DEVELOPED BY ANOTHER COMMERCIAL ENTITY WITHIN TWO YEARS. GRANTING THESE VARIANCES WILL GIVE THE PETITIONER A COMPETITIVE ADVANTAGE OVER BUSINESSES WHICH HAVE ALREADY DEVELOPED A OR DEVELOPING IN THE FUTURE. SOME OF THOSE BUSINESSES MAY THEMSELVES SEEK THEIR INTEREST, UH, FURTHER ERODING OUR SIGN CODE. OUR SIGN CODE DOES NOT CREATE AN OBSTACLE FOR THESE PETITIONERS STAFF IS SUGGESTING DENIAL. IN THESE TWO CASES, I REQUEST THAT YOU KEEP THE PLAYING FIELD FAIR FOR ALL BUSINESSES, WHICH MAY DEVELOP IN THIS AREA BY DENYING THESE VARIANCE REQUESTS. THANK YOU FOR YOUR TIME. ALRIGHT. UH, SO I HAD A QUICK QUESTION FOR THE, FOR THE SIGN, UH, SIGN DIVISION. SIGN SIGN. INSPECTOR. UM, CAN YOU PLEASE EXPLAIN WHAT THE 10 FOOT ELEVATED ADJACENT GRADE BONUS IS FOR THE BENEFIT OF THE COMMISSION? WHENEVER, UM, WHEN WE HAVE A HIGHWAY FRONTAGE, SO RIGHT NEXT TO THE HIGHWAY IN THERE, WE HAVE A GREAT SEPARATION WHERE THERE'S, THE RAMPS ARE COMING UP ONTO THE HIGHWAY. WE ALLOW 10 FEET MORE THERE VERSUS BEING SET BACK. OKAY. AND IS THAT, IS THAT EVER ADJUSTED BASED ON THE HEIGHT OF THE OVERPASS? NO, JUST THE 10 FEET. OKAY. JUST 10 FEET. ALL RIGHT. THANK YOU VERY MUCH. I JUST WANTED TO PUT THAT UP. CRUISE BEFORE YOU WALK AWAY. UM, SO WHAT IS THE LIMIT RIGHT NOW? WHAT IS IT? CAN, CAN IT BE AT 50 FEET? 60 FEET? BECAUSE IT'S A CORRIDOR. THE MOST IT COULD BE IS AT TH 35 FEET, AND THEN THEY WOULD BE ALLOWED AT 10 FOOT ADJACENT. GREAT. SO AT MAXIMUM 45 FEET OVERALL HEIGHT. OKAY. THAT'S WHAT I WANTED TO MAKE SURE. THANK YOU. ALL RIGHT. THANK YOU VERY MUCH. LET'S HAVE THE APPLICANT COME FORWARD PLEASE. HI, GOOD AFTERNOON, JAMES GRIFFIN, KILLING GRIFFIN AND FAIRMAN. UH, TEN TEN ONE REUNION PLACE, UH, HERE ON BEHALF OF THE APPLICANT, UH, WHICH IS MCDONALD'S. UM, UH, WE HAVE TWO IN A ROW, UH, AS YOU'VE SEEN AND AND HEARD ALREADY, SO I'LL TRY TO COMBINE THEM, UM, AS MUCH AS I CAN TO, TO SAVE Y'ALL SOME TIME. UH, UH, REAL QUICK TO START, UM, CHAIR, TO ANSWER YOUR QUESTION, THE, UH, 2016. ALRIGHT, UM, JUST IN TIME. UM, THE, UH, THE OVERLAY WAS ADOPTED IN 2016, UM, BACK WHEN 21 WAS JUST A TWO LANE KIND OF RURAL ROAD ALMOST. I MEAN, IT'S, YOU KNOW, I THINK IT'S RECENT IN EVERYBODY'S MEMORY HOW IT WAS, UH, EVEN THIS INTERSECTION WAS A FOUR-WAY STOP WHERE YOU WERE LOOKING OVER RIGHT AT THE PROPERTY, AND NOW IT'S A HIGH SPEED HIGHWAY IN EVERY SENSE OF THE WORD. UM, BUT I'LL, I'LL GET, UH, GET TO MORE OF THAT HERE IN A SEC. UM, IS THERE A CLICKER? CAN YOU CLICK DO IT? JUST LEMME KNOW WHENEVER. OKAY. GO AHEAD. UH, SO, SO HERE'S THE PROPERTY. AND YOU CAN SEE, YOU KNOW, EVEN IN THE AERIAL, UM, THE AERIAL'S A LITTLE OUTDATED, THAT THE, THE ELEVATED HIGHWAY IS BUILT, OPERATING, AGAIN, MAJOR, MAJOR EXPRESSWAY THERE, UH, DRASTICALLY DIFFERENT FROM WHAT THE AREA WAS WHEN THE OVERLAY WAS ADOPTED, AND REALLY WHEN ALMOST ALL OF THOSE OTHER BUSINESSES IN THE AREA, UH, ACROSS THE STREET, YOU HAVE A, A WHATABURGER, [01:05:01] A BILL MILLERS, AND A WALGREENS. ALL OF THOSE WERE BUILT, INCLUDING THEIR, THEIR SIGNS, OBVIOUSLY, UH, WELL BEFORE THE HIGHWAY IS THE HIGHWAY THAT IT IS NOW. UM, OUR, OUR PROPERTY ITSELF, UH, WAS ACTUALLY KIND OF A, A REMAINDER OF A LOT, UH, THAT HAD TO GIVE AWAY A LOT OF RIGHT AWAY TO TXDOT AS PART OF THIS EXPANSION. UH, BUT WE'RE A LITTLE OVER AN ACRE AND A HALF, UM, WITH FRONTAGE ON, ON BOTH BULVERDE AND 2 81, UH, WHICH I'LL, I'LL KIND OF COME BACK TO THAT IN, IN A SECOND. UM, NEXT ONE. UH, HERE'S JUST ZOOMED OUT A LITTLE BIT, UH, A LITTLE BIT MORE. UH, WE ARE PRETTY FAR NORTH, UH, NORTH SAN ANTONIO, UM, AGAIN AT BULL VERDE AND 2 81, UM, SOMEWHAT OF A COMMERCIAL, UH, CORRIDOR THERE, UH, AT THAT INTERSECTION IN THE NEXT ONE. AND THE, UH, I GUESS THE, THE RESIDENTIAL AND MAYBE THIS, UH, SHOWS IT AS WELL. THERE IS SOME RESIDENTIAL KIND OF FURTHER TO THE WEST. IT IS OUTSIDE OF THE CITY LIMITS PART OF THAT, UH, AREA. AND THAT GROUP THAT, UM, ADAMANTLY, UH, PROTESTED ANNEXATION, UM, WHEN AT THE TIME THE CITY WAS, WAS COMING ALONG AND ANNEXING THIS AREA IN 2016. UM, UH, LEMME GO TO THE NEXT ONE. SO WE, UH, HERE ARE THOSE GATEWAY CORRIDOR STANDARDS. THIS IS FROM THE ENABLING ORDINANCE, REALLY, UH, ALLOWING FOR, UM, UH, THESE OVERLAYS TO COME IN AND HAVE REDUCED, UH, SIGN HEIGHTS AND SQUARE FOOTAGE. UM, AGAIN, WE ARE ASKING, WE WOULD OTHERWISE BE LIMITED TO, UH, 35 FEET PLUS 10 FEET FOR THE GRADE SEPARATION. UH, WE ARE ASKING FOR A 60 FOOT SIGN, WHICH ACTUALLY WOULD BE ALLOWED BY RIGHT, UH, BUT FOR THE, UH, BUT FOR THE OVERLAY. UM, AND IS REALLY KIND OF THE NORMAL, UH, SIGN SIZE FOR EXPRESSWAYS SUCH AS THIS ONE. UM, NEXT ONE. UH, HERE'S A LITTLE BIT MORE ON THE VARIANCE REQUEST. UM, THE, THE SQUARE FOOTAGE, UH, PIECE MAY, MAY STICK OUT TO YOU AS WELL. I, I THINK, AND WE HAVE SOME ILLUSTRATIONS HERE IN THE NEXT, UH, SLIDE OR TWO, BUT I THINK EVERYBODY'S FAMILIAR WITH THE, THE GOLDEN ARCHES. UM, THE WAY THE SIGN CODE REQUIRES SQUARE FOOTAGE TO BE MEASURED IS REALLY DRAWING A BOX AROUND THE SIGN, UH, IF IT'S PREDOMINANTLY OPEN, UH, LIKE OURS IS, AND CALCULATING THE SQUARE FOOTAGE THAT WAY. SO, UH, EVEN THOUGH, UH, WE ARE ASKING FOR A 340 SQUARE FOOT SIGN THAT INCLUDES A DIGITAL DISPLAY AND THE GOLDEN ARCHES, WHICH ARE REALLY, AGAIN, PREDOMINANTLY OPEN AIR AND ACTUAL SIZE, MUCH, MUCH SMALLER, BUT IT'S JUST THE WAY IT'S, IT'S MEASURED THERE. UM, IT IS A, UH, A LOT OF REASONS FOR, UH, THIS VARIANCE REQUEST. UM, WE'LL SHOW YOU IN A SECOND HERE ON THE, ON THE SITE PLAN. UH, WE HAVE A, A QUITE A BIT OF EASEMENTS, DRAINAGE EASEMENTS, ELECTRICAL EASEMENTS, TRANSMISSION LINES. UH, THERE'S JUST A LOT GOING ON BE PRIMARILY BECAUSE OF THE HIGHWAY AND THE LOCATION THAT SEVERELY LIMITS, UM, WHERE OUR SIGNS CAN GO. AND, AND MAYBE MORE IMPORTANTLY, HOW WE CAN BE SEEN. WE'RE ALSO, UH, AT, AT ONE OF THE LOWEST POINTS, UH, OF THIS ENTIRE AREA, YOU KNOW, GOING UP 2 81 THIS WAY. UH, THAT'S WHEN YOU START TO GET TO THE HILL COUNTRY AND, AND THERE'S, THERE'S KIND OF HILLS ALL AROUND US, BUT WE ARE AT A REALLY A, A, A LOW POINT. SO THE, THE INTENT, YOU SEE A FEW MORE REASONS UP THERE. UH, THE INTENT HERE IS JUST TO PROVIDE EFFECTIVE SIGNAGE, BOTH FOR SAFETY AND FOR COMMERCIAL VIABILITY. YOU KNOW, YOU DON'T WANT PEOPLE SEEING THE SIGN TOO LATE AND TRYING TO, YOU KNOW, PULL ACROSS HOWEVER MANY LANES OF TRAFFIC, UH, OR MISSING IT, YOU KNOW, SLAMMING ON BRAKES, ALL THOSE THINGS. IT NEEDS TO BE EFFECTIVE SIGNAGE SO THAT, UH, UH, FOLKS CAN SEE IT WITH ENOUGH TIME TO, YOU KNOW, SAFELY, PROPERLY EXIT, UH, AND FIND THIS LOCATION, AND THEN OBVIOUSLY BE ABLE TO FIND IT OUTSIDE OF THOSE SAFETY CONCERNS, UM, UH, TO, TO HELP WITH THE BUSINESS. UM, NEXT ONE, PLEASE. UH, SO HERE'S OUR, HERE'S OUR SITE PLAN. UM, YOU CAN SEE, UH, COVERED QUITE A BIT, UH, WITH EASEMENTS AND, UH, DETENTION AREAS. UM, THERE'S EASEMENTS AND, AND UTILITY INFRASTRUCTURE ALONG 2 81, SIGNIFICANTLY MORE ON BULVERDE. UH, THEN YOU HAVE, UH, REALLY SOME KIND OF TURNS AND TWISTS ALONG BULL VERDE ROAD THERE. UM, KEEP GOING, PLEASE. UH, THERE YOU SEE THE, THE SIGN LOCATION, UH, TRYING TO PUT IT, YOU KNOW, IT'S CLOSE TO THE HIGHWAY. UM, BUT, UH, BACK FROM THE LANDSCAPE BUFFERS, THE EASEMENTS, THE DRAINAGE INFRASTRUCTURE, EVERYTHING ELSE GOING ON THERE, UH, IN THIS SITE. UM, ALSO IMPORTANT TO NOTE THAT, UH, WE ARE JUST ASKING FOR ONE SIGN. THIS IS A CORNER LOT. UH, SO WE WOULD BE ALLOWED, UH, ONE PRIMARY SIGN ON 2 81, ANOTHER PRIMARY SIGN ON, ON VERDE [01:10:01] ROAD. UH, AND THEN WE'D HAVE, UH, WE HAVE THE, THE LENGTH TO ALSO HAVE SECONDARY SIGN, UH, ON EACH OF THOSE ROADS, WHICH IS 75% OF WHAT THE PRIMARY SIGN ALLOWS. SO, UH, WE BELIEVE IT REALLY MEETS THE SPIRIT INTENT OF THE CODE, UM, TO HAVE ONE SIGN THAT ADMITTEDLY IS A LITTLE TALLER. THAT'S WHAT WHAT WE'RE ASKING FOR, AS OPPOSED TO FOUR SIGNS THAT WOULD JUST ADD TO THE CLUTTER. UM, AND, AND ALL THOSE THINGS THAT REALLY, I THINK THE SIGN CODE AND OTHERS ARE TRYING TO AVOID THE, YOU KNOW, OVERUSE OF SIGNS AND AGAIN, VISUAL CLUTTER, UH, ALL THAT. UM, NEXT ONE, PLEASE. SO HERE'S A, A COLOR RENDERING OF THE SIGN. UM, SEE WHAT I WAS TALKING ABOUT, HOW IT, IT IS PREDOMINANTLY OPEN. UM, NOT A WHOLE LOT OF, UH, WORDS OR, OR OTHER VISUALS ON THERE. UM, IT IS, YOU KNOW, JUST THE, THE TRADITIONAL TRADEMARK MCDONALD'S SIGN, UH, WHICH ALLOWS FOR, FOR THE SIGN TO BE OPEN, UM, LESS OF AN IMPACT VISUALLY, BUT STILL, YOU KNOW, GETS THE MESSAGE ACROSS. UH, NEXT ONE, PLEASE. UM, THERE YOU GO, THERE, THERE'S WHAT, UH, MENTIONED EARLIER ABOUT, YOU KNOW, KIND OF WHAT WE WOULD BE ALLOWED OTHERWISE, UH, WITHOUT THE OVERLAY. ON THE NEXT SLIDE, PLEASE. UM, AND STAFF RECOMMENDATION. I, I, I THINK YOU'LL SEE ON, ON THIS ONE AND THE NEXT ONE, THAT, UH, EVEN THOUGH IT IS A RECOMMENDATION OF DENIAL, UH, SEEMS LIKE, UH, STAFF WAS HARD PRESSED TO FIND A, A REAL REASON FOR DENIAL. UM, YOU CAN SEE, YOU KNOW, THE, THE, THE FIRST REASON IS THAT IT EXCEEDS THE, EXCEEDS THE REQUIREMENTS. THAT'S, THAT'S KIND OF WHY WE'RE HERE. UM, AND MAYBE MORE IMPORTANTLY, THE SIGN LIMITATIONS THAT WERE IMPOSED BY THE OVERLAY BACK IN 2016. UH, WERE WRITTEN AND ADOPTED UNDER A COMPLETELY DIFFERENT SET OF CIRCUMSTANCES. AGAIN, A A REALLY SLEEPIER TWO-LANE ROAD, ALTHOUGH STILL PLENTY OF TRAFFIC, BUT, UM, NOT THE ELEVATED HIGH SPEED HIGHWAY THAT WE SEE TODAY. UH, THE NEXT ONE IS, UH, A REASON FOR DENIAL IS THAT IT WILL NOT CAUSE A CESSATION OF LEGITIMATE, LONGSTANDING ACTIVE COMMERCIAL USE ON THE PROPERTY, THAT THE PROPERTY IS UNDEVELOPED. UM, AND THERE IS SOME COMMERCIAL NEARBY, LIKE I MENTIONED, UH, THAT HAS SIGNAGE THAT WAS, UM, CREATED OR APPROVED AND INSTALLED, UH, BACK WHEN THE, THE ROAD IN THE AREA WAS MUCH DIFFERENT. SO, UH, APPROVAL OF THIS VARIANCE WILL ACTUALLY ALLOW FOR, UH, COMMERCIAL USE OF THE PROPERTY. UH, NEXT ONE, UH, HERE'S JUST A, ANOTHER AERIAL KIND OF SHOWING WHAT, UM, WHAT THIS AREA HAS BECOME IN TERMS OF THE HIGHWAY AND IT BEING UNDER CONSTRUCTION. NEXT, NEXT ONE, PLEASE. UH, ANOTHER, ANOTHER SHOT. THERE YOU CAN SEE, UH, REALLY THE SHARP TURN ON BULVERDE AS WELL, UM, FROM FOLKS COMING FROM THE, THE NORTH HEADED TO THIS INTERSECTION. NEXT ONE, PLEASE. UH, HERE YOU SEE AS YOU'RE APPROACHING THIS SITE. SO THAT'S OUR SITE. ON THE RIGHT, YOU SEE, UM, QUITE A BIT OF, UH, POWER POLES, THE, THE HUGE TRANSMISSION LINES, UM, EVERYTHING ELSE GOING ON IN THIS INTERSECTION THAT, THAT REALLY, THERE'S A LOT OF, LOT OF DISTRACTIONS. ONE, UH, EASILY VISIBLE SIGN IS, IS THE SAFEST, MOST APPROPRIATE, YOU KNOW, REALLY BEST FOR, FOR EVERYBODY INVOLVED. UM, THE SIGN THAT WE'RE REQUESTING WOULD BE, OBVIOUSLY SIGNIFICANTLY LOWER THAN THOSE TRANSMISSION LINES THAT YOU CAN'T EVEN FULLY SEE IN THIS PICTURE HERE. UH, NEXT ONE, PLEASE. UH, JUST ANOTHER SHOT. THAT'S THE PROPERTY, UH, OFF TO THE, I GUESS YOU KNOW, IT, IT ON THE RIGHT THERE. UM, AND YOU SEE, UH, ONCE AGAIN, THE, UH, THE TRANSMISSION LINES, THE POWER POLES, LINES, EVERYTHING, UH, GOING ON THAT, UH, UH, REQUIRES US TO ASK FOR A LITTLE BIT MORE HEIGHT TO JUST KIND OF POP UP ABOVE THE, THE TREES AND, AND POWER POLES AND ALL THAT. UM, AGAIN, JUST, JUST WANT TO BE SEEN. UH, NEXT ONE, PLEASE. UH, HERE YOU GO. THAT'S OUR, THAT'S OUR PROPERTY ON THE LEFT. UM, KIND OF SAME, SAME COMMENTS THERE. NEXT ONE, PLEASE. UH, HERE'S SOME OF THE ELEVATION YOU SEE. SO WE ARE DOWN AT, UH, UH, 1,180. UH, YOU CAN SEE REALLY ALL THE AREAS AROUND US, UH, ARE HIGHER, I GUESS, EXCEPT FOR RIGHT THERE, UM, UH, KIND OF UNDER THE HIGHWAY, UH, AT BULVERDE. BUT, UH, THE ROAD ITSELF IS AT 1200, UH, FEET ABOVE, UH, SEA LEVEL. SO WE'RE, YOU KNOW, 20 FEET LOWER THAN THE, THE ADJACENT ROAD. THE ADJACENT HIGHWAY SIGNIFICANTLY LOWER THAN REALLY ALL THE PROPERTY AROUND US. UM, YOU GO TO THE NEXT ONE AS WELL. UM, THAT'S JUST A ZOOMED OUT VERSION. YOU CAN SEE WE REALLY ARE DOWN IN A BOWL THERE. UM, YOU HAVE ELEVATIONS OF 12 60, 12 40, UM, [01:15:01] OFF, OFF TO THE WEST THERE. UH, AGAIN, SIGNIFICANTLY LOWER THAN, THAN, UH, EVERYTHING AROUND US. UH, NEXT ONE, PLEASE. UM, SO HERE'S, UH, THIS IS A COMPLETELY DIFFERENT SITE, UM, BUT BRINGING THIS UP, BECAUSE I WANNA SHOW YOU, THIS IS WHAT AN, AN 80 FOOT SIGN LOOKS LIKE IN A VERY SIMILAR CIRCUMSTANCE. UM, AND IF THIS DOES LOOK FAMILIAR TO SOME OF Y'ALL, THIS, UH, ACTUALLY WENT BEFORE THE BOARD OF ADJUSTMENT A COUPLE YEARS AGO, UM, RIGHT WHEN Y'ALL CAME BACK FROM, UH, THE COVID BREAK AND, AND DOING THE, THE VIRTUAL HEARINGS. BUT, UM, THIS IS AN 80 FOOT SIGN. I I BRING THIS UP BECAUSE ONE, UH, STAFF ACTUALLY RECOMMENDED APPROVAL OF THIS. AND, AND, UH, THE, THE BOARD, UH, ALSO, UH, APPROVED THIS SIGN. BUT, UH, 80 MAY SOUND LIKE A LOT, BUT IT, YOU CAN SEE HERE, IT'S REALLY JUST ENOUGH FOR EFFECTIVE ADVERTISING GIVEN, UM, UH, WHAT IS AROUND ON THESE COMMERCIAL INTERSECTIONS HERE. UM, YOU CAN SEE, UH, PARTICULARLY IN THAT MIDDLE PICTURE, IT IS, YOU KNOW, IF IT WAS ANY LOWER, IT, IT REALLY WOULDN'T, WOULDN'T BE SEEN QUITE HONESTLY. UH, SO NEXT ONE. I'LL TRY TO GO VERY QUICK ON THE NEXT ONE, BY THE WAY, I KNOW I'M GOING ON ON THIS ONE, SO APOLOGIZE. UM, HERE'S, UH, JUST SOME, UH, EXPANDED PICTURES OF, UH, FROM THAT LAST SLIDE SHOWING AGAIN, THAT'S, THAT'S AN 80 FOOT SIGN. SAME, UH, SAME MCDONALD'S SIGN, OBVIOUSLY. UM, BUT 80 FEET IS, IS JUST ENOUGH. AND ALTHOUGH THAT'S 20 FEET MORE THAN WE'RE WE'RE ASKING FOR ON, ON THIS CASE. UH, NEXT ONE, PLEASE. UM, THIS ONE IS KIND OF THE, THE OPPOSITE, UH, OF THAT ONE. UH, THIS IS A 50 FOOT SIGN ON A, UM, A ANOTHER MCDONALD'S THAT'S JUST OFF OF FOSTER, UH, AND I 10. AND IT, IT, IT'S ALMOST, UH, WHERE'S WALDO KIND OF THING. IT, IT'S HARD TO SEE WHERE THAT SIGN IS AT ALL, MOST OF THE TIME FROM ALL THE DIFFERENT ANGLES. A 50 FOOT SIGN GETS LOST BELOW THE TREE LINE GETS LOST BEHIND OTHER BUILDINGS, OTHER SIGNAGE. SO, UM, WANTED TO OFFER THOSE TWO. AS YOU KNOW, PERSPECTIVES TO SHOW 50 REALLY ISN'T ENOUGH IN, IN JUST ABOUT EVERY SITUATION. UM, 80 REALLY IS, IS WHAT PROVIDES EFFECTIVE ADVERTISING. BUT, UH, IN THIS CASE, WE'RE, WE'RE ASKING FOR 60. UM, NEXT ONE, PLEASE. UH, HERE YOU ARE THE, UH, EXITS, UH, NORTHBOUND AND SOUTHBOUND ON TWO ONE, JUST TO GIVE YOU, UH, ANOTHER PERSPECTIVE OF, OF WHY THIS IS NEEDED. SO, SPEED LIMIT OUT THERE ON TWO, ONE IS 65, UM, PEOPLE LIKELY TRAVELING FASTER. UM, WE ARE, AS THE CROW FLIES, SO NOT EVEN THE ACTUAL, UH, ROAD MILES, BUT WE'RE, UH, A LITTLE OVER 5,000 FEET, UH, GOING NORTHBOUND, UH, FROM THE EXIT TO OUR SITE, UH, HEADED SOUTHBOUND, IT'S A LITTLE OVER 6,700 FEET. SO, UM, REALLY BEING ABLE TO SEE THAT SIGN IN TIME TO EXIT IS, IS CRITICAL. UM, AND AGAIN, UH, DRASTICALLY DIFFERENT HIGHWAY AND AREA THAN IT WAS WHEN THE OVERLAY WAS ADOPTED. UH, NEXT ONE, PLEASE. UH, SO HERE'S JUST ANOTHER VIEW, UH, FROM ACROSS THE HIGHWAY, 20 PLUS, UH, ELEVATED HIGHWAY. YOU CAN SEE, UH, YOU HAVE SOME PRETTY TALL FLAGPOLES THERE, UH, THAT I THINK, UH, UH, THOSE REACHED ABOUT 80 FEET OR SO. UH, SO TO GIVE YOU AN IDEA OF WHAT, WHAT WERE FACED ON THE OTHER SIDE AND NEXT ONE. UM, SO THIS JUST KIND OF SUMS IT UP, WHICH I'M SURE Y'ALL ARE, ARE READY FOR ME TO SUM THIS ONE UP. UM, BUT, UM, AGAIN, VERY DIFFERENT THAN THAN WHAT, UH, THE SITUATION WAS SIX YEARS AGO WHEN THIS OVERLAY WAS ADOPTED. UM, WE HAVE SOME, SOME SEVERE LIMITATIONS ON THE SITE. UM, UH, TOPOGRAPHY, DISTANCE FROM, UH, EXITS. YOU HAVE AN ELEVATED HIGHWAY, UH, AND THE SPEED AT WHICH THOSE VEHICLES TRAVEL ON. UH, YOU HAVE A SITE THAT'S PRETTY CLUTTERED, UM, WITH, WITH EASEMENTS, POWER LINES, TRANSMISSION LINES, EVERYTHING ELSE. AND SO, UH, WE ARE, UM, ASKING FOR, UH, THIS VARIANCE TO, UH, ALLOW FOR JUST ONE SIGN AGAIN, INSTEAD OF THE, THE FOUR THAT COULD BE OTHERWISE ALLOWED, UH, AT A LITTLE HIGHER HEIGHT, UM, TO PROVIDE, YOU KNOW, SAFE, EFFECTIVE, UH, SAFE AND EFFECTIVE, UH, ADVERTISING, UH, FOR THIS PROPOSED NEW COMMERCIAL USE. SO THANK Y'ALL FOR YOUR, FOR YOUR PATIENCE THERE, UH, THROUGH THAT, UH, PRESENTATION. HAPPY TO ANSWER ANY QUESTIONS. SURE. COMMISSIONER KAPLAN. YEAH, OF COURSE. OKAY. UH, IS IT, IT'S AT LEAST WHAT, A MILE OR OR MORE FROM EACH EXIT EXIT RAMP, RIGHT? YES, MA'AM. TO GET TO VERDE ROAD. SO, UM, IS IT EVEN GOING TO BE, YOU KNOW, A, A 60 FOOT SIGN? USUALLY WHAT PEOPLE DO IS [01:20:01] YOU'LL HAVE, UM, BEFORE THE EXIT, IT'LL SAY, UH, MCDONALD'S, YOU KNOW, THERE'LL BE A SIGN TO, TO LET PEOPLE KNOW THERE IS A MCDONALD'S, BECAUSE IF YOU'RE A MILE AWAY, IT'S STILL GONNA BE HARD TO SEE THOSE, THOSE GOLDEN ARCHES FROM, YOU KNOW, YOU'RE A MILE AWAY ON EITHER SIDE. SO ISN'T IT MORE EFFECTIVE FOR YOU FOR ADVERTISING JUST TO PUT SIGNAGE ON 2 81 TO DO IT? BECAUSE IF YOU'RE, IF YOU'RE OBVIOUSLY ON THE FRONTAGE ROAD OF 2 81 GOING SOUTH, YOU'RE GONNA SEE THE GOLDEN ARCHES WITH A 45 FOOT SIGN. IF YOU ARE TRAVELING AT 60 OR 70 MILES AN HOUR ON THE HIGHWAY ON 2 81, AND YOU'RE A MILE AWAY BEFORE YOU GET THERE, YOU'RE NOT GONNA STOP. YEAH, THAT, THAT'S A GREAT QUESTION. AND THOSE, UM, THOSE TEXT DOT SIGNS THAT DO SAY, YEAH, FOOD AND GAS, UM, DONE LITTLE SPECIFICALLY. YEAH. WHEN, WHEN THOSE ARE AVAILABLE, UH, ALWAYS TRY TO, UM, UH, PURCHASE ADVERTISING ON THAT. AND THAT, AND THAT'S THE ONLY OTHER WAY TO GET, YOU KNOW, OFF-PREMISE SIGNING SIGNAGE, SO TO SPEAK. UM, THE, I I'M NOT SURE ABOUT THE AVAILABILITY AND THE LOCATION OF THOSE. UM, IT, IT'S ALL, IT'S JUST AN SAYING THAT THERE'S A WHATABURGER AND THERE'S A BILL MILLER, AND THEY DON'T HAVE THAT KIND OF SIGNAGE, AND THEY'RE NOT ASKING AT THIS TIME. AND I'M QUESTIONING THE VIABILITY OF IT BEING GOOD ADVERTISING FOR YOU. IF YOU'RE, IF YOU'RE A MILE AWAY AND YOU HAVE TO GET OFF AN EXIT RAMP, UH, YOU WON'T BE ABLE TO SEE IT. SO WHAT'S THE POINT? WELL, I MAY NOT BE ABLE TO SEE IT, BUT MY KIDS CAN SEE IT. UM, AND THEY WILL LOOK UP FROM THE BACKSEAT, AND I'VE, I'VE ACTUALLY KIND OF CLOCKED IT AND IT'S, UH, FROM, FROM OTHER ONES, UM, USUALLY TRYING TO HIDE IT FROM 'EM, HONESTLY. BUT, UM, BUT, BUT THEY CAN, THEY, IT, IT CAN BE SEEN FROM, FROM OVER A MILE AWAY IF IT IS AT THE, THE RIGHT HEIGHT AND, YOU KNOW, VOCAL POINT I'LL CALL IT. SO, UM, NOW MCDONALD'S HAS SOME MORE KIND OF TECHNICAL INTERNAL STUDIES THAN MIKE GETS IN THE BACKSEAT, BUT, UM, BUT THE THE POINT BEING IS IT, IT, IT ACTUALLY CAN BE SEEN. AND, AND I THINK IT DOES ALLOW FOR, UM, SOME, SOME PLANNING EVEN AT THOSE DISTANCES FROM THE, THE ON RAMP OR OFF RAMPS. SO, I, I HAVE A QUESTION. UH, CAN YOU BRING THAT CONTOUR MAP BACK UP? MM-HMM. , I PULLED UP A CONTOUR MAP THAT SHOWS, UH, FURTHER NORTH, SOUTH, EAST AND WEST. AND IT LOOKS LIKE WHERE YOUR SITE IS, YOU'RE IN A DEPRESSION. LIKE YOU, IT, IT GOES, IT RISES AS YOU GO NORTH. IT RISES AS YOU GO SOUTH. AND I, AND I JUST WANTED TO SEE IF, IF, IF I'M READING THIS CORRECTLY, IT LOOKS LIKE YOUR SIGN'S GONNA BE AT 1180 AND THEN, YOU KNOW, JUST A, A FEW, UH, 16TH OF A MILE, PROBABLY TO THE NORTH, IT LOOKS LIKE IT GOES UP ALMOST 20 FEET. AND SO THAT, AND THE SAME THING HAPPENS TO THE SOUTH. I MEAN, IT IMMEDIATELY RISES 15, 20, 30, 40 FEET, I MEAN IT WITHOUT EVEN GOING AN EIGHTH OF A MILE. YEAH. AND SO I JUST WANTED TO MAKE SURE THAT I'M, IF THAT, IF THAT, UH, IS SOMETHING THAT YOU'D WANTED TO TALK ABOUT. 'CAUSE I, I, BECAUSE YOUR MAP DIDN'T SHOW TO THE NORTH, BUT I MEAN, BUT YOU ARE SHOWING THAT IT DOES RISE A GOOD 20 FEET JUST BEFORE IT GETS TO A STATE GATE. SO, YEAH. YEAH. GREAT. GREAT POINT. THANK YOU FOR, FOR BRINGING THAT UP. YEAH. WE REALLY, WE ARE STARTING AT SUCH A DISADVANTAGE FROM NORTHEAST, SOUTH, AND WEST, UH, BECAUSE WE ARE SO, SO MUCH LOWER. OKAY. WELL, I JUST WANTED TO MAKE SURE THAT WAS, I WAS READING THAT RIGHT. IS THERE ANY OTHER QUESTIONS? UH, COMMISSIONER FRANKLIN OR CRUZ, AND THEN MENKA THEN INTO, UM, SO MY QUESTION IS REGARDING THE, THE OVERPASS ITSELF, OR EVEN JUST THE FREEWAY BEFORE AND AFTER, UH, THE, THE SIGN. UM, THERE'S ALSO, UM, NOT JUST THE ELEVATION OF THE, THE OVERPASS, BUT THERE'S ALSO, UM, FENCING OR BARRIERS ALONG THE SIDE. CORRECT. SO ESSENTIALLY YOU'RE NOT LOOKING DOWN, YOU'RE STILL, THERE'S STILL, BESIDES THE 20 FEET UP ABOVE THE, WHERE YOU'RE AT, THERE'S STILL ALSO YEAH, THAT, THAT'S A GREAT POINT. YEAH. UH, YEAH, WE'RE 20 FEET TO THE PAVEMENT, BUT YOU'RE RIGHT, THAT DOESN'T COUNT THE, YEAH. THE, THE WALLS AND, UM, YOU KNOW, THE CAR AND, AND ALL THOSE OTHER FACTORS. SO YEAH, WE'RE SIGNIFICANTLY LOWER. AND THAT, UH, THAT SECTION IN THE CODE ALLOWS, YOU KNOW, UP TO 10 FEET FOR A BONUS. YOU KNOW, IF THE, IF THE ROAD WAS ONLY SIX FEET ABOVE OUR PROPERTY, WE'D, YOU CAN ONLY GET THE SIX FEET FOOT BONUS. UM, AND SO HERE WE'RE LIMITED AT 10, BUT, BUT YOU'RE ABSOLUTELY RIGHT. IT'S, IT'S REALLY SIGNIFICANTLY MORE THAN 20 FEET ABOVE WHERE, WHERE OUR SIGN STARTS. SO ESSENTIALLY, 'CAUSE YOU'RE STARTING 20 FEET IN THE HOLE BECAUSE OF WHERE THE, THE ELEVATION OF THE OVERPASS IS COMPARED TO YOUR ELEVATION. [01:25:01] SO YOU'RE 20 FEET IN THE HOLE THERE, AND THEN PROBABLY ANOTHER FOUR FEET WITH THE BARRIERS ON THE SIDE. UM, AND SO, AND, AND THE SIGN CODE ALLOW, I MEAN, THE, THE CODE ALLOWS FOR 35 FEET PLUS 10. SO ESSENTIALLY YOU'RE REALLY ONLY, IT'S REALLY ONLY FIVE FEET THAT YOU'RE ASKING FOR. 'CAUSE YOU'RE, YOU'RE ALREADY 20 FEET IN THE HOLE. I MEAN, IF YOU'RE COMPARING GRADE TO GRADE. YEAH. YEAH. THAT, THAT'S A GREAT POINT. I MEAN, IT, YEAH, I MEAN, IT COULD EVEN BE AT THE STREET LEVEL ALMOST WITH ALL THE, UM, WITH ALL THOSE THINGS WE JUST TALKED ABOUT COM COMMISSIONER MANCHACA. YES. UH, THIS IS ALONG THE LINES OF COMMISSIONER KAPLAN. FIRST OF ALL, UH, THE BRAND NAME IS WELL KNOWN, APPS, SIGNS, WHATEVER. SECOND OF ALL, YOU HAVE THE SIGN AT THE CORNER, WHICH IS AN ADVANTAGE COMPARED TO THE BUSINESS THAT'S BEHIND YOU, THAT, UH, MODEL HOME THING. AND, UH, SAID, WELL, YOU HAVE MORE ADVANTAGE. SO I SAID, OKAY, HOW MANY, HOW MUCH DISTANCE DO YOU NEED TO SEE THE SIGN AS YOU PASSING 60 MILES AN HOUR, UH, 1100 FEET FROM THE INTERSECTION GOING NORTH ON 2 81, THERE'S AN ENTRANCE RAMP TO 2 81 GOING SOUTH. WELL, YOU'RE NOT GONNA SEE THE SIGN TO GET OFF AT THAT POINT. SO NOW YOU PASS IT AT BULL VERDE, SO YOU WAY DOWN THE, DOWN THE STREET. SO YOU'RE GONNA MAKE THE BIG U-TURN, AND I'M HAVING AN ISSUE WITH THE 60 FOOT THAT YOU CAN'T SEE IT. EXCUSE ME. YES. YOU CAN'T SEE IT. IT'S WHAT MY LITTLE ANALYSIS IS DOING KIND OF DEAL. AND, UH, I'M CONCERNED ABOUT THIS, UH, OVERPASS THAT IS, UH, REALLY BLOCKING THINGS. UH, I'VE BEEN THROUGH THERE RECENTLY, AND I HAVE NO ISSUE LOOKING AT THE SIGNS BOTH LEFT AND RIGHT, WHAT BUSINESSES WERE THERE. SO WE'RE STRUGGLING WITH A 60 FOOT THING, MAN. WELL, YEAH, IF I COULD, I'M SORRY, GO AHEAD. UM, YEAH, GREAT, GREAT POINTS. AND, UH, AGAIN, UM, ARE KIND OF TECHNICAL AND VERY UNTECHNICAL, UH, UH, YOU KNOW, VIEWS OF SEEING THE SIGN IN TIME TO EXIT, ARE THAT A, A SIGN OF AT LEAST 60? HONESTLY, 80 DOES IT MUCH BETTER. UM, BUT, UH, ALLOWS ENOUGH TIME TO EXIT AND YOU'LL SEE A COUPLE THINGS. SO THE BUSINESS NEXT DOOR, THE, THAT'S ACTUALLY WHO, UH, UH, MCDONALD'S WILL BE PURCHASING THE LOT FROM. UM, AND YOU CAN ALSO SEE THEY, ALTHOUGH THEIR BUSINESS IS, IS A LITTLE DIFFERENT, YOU KNOW, EVERYONE'S TRYING TO STILL GET, UH, THE ATTENTION OF MOTORISTS THEY USED THAT, THAT METHOD THAT I THINK YOU SEE, UH, OFTEN OF, OF A BIG OLD FLAGPOLE THAT GOES WAY HIGHER THAN A SIGN REALLY WOULD OTHERWISE BE ALLOWED. AND THEY PUT, PUT A FLAG UP THERE, AND THEN THEY PUT THEIR KIND OF NAME BRAND FLAG ON THERE. SO THEY, UH, THEY ALSO ARE STRUGGLING WITH, WITH THAT SAME VISIBILITY. UM, AND AGAIN, THEY WOULDN'T PUT 'EM AT AN ADVANTAGE. THEY ARE, THEY'RE SELLING US THE, THE LOT AND WELL AWARE THERE, BUT YOU CAN SEE HOW THEY, AGAIN, HOW THEY HAVE TRIED TO GET AROUND IT AND, AND FIND THAT, UH, APPROPRIATE VISIBILITY, UH, WITH THE FLAGPOLES YOU SAW THERE. ALL RIGHT. COMMISSIONER ZUNA. SO TWO, TWO QUESTIONS. UM, ONE YOU MENTIONED THAT YOU BY RIGHT, WOULD HAVE THE ABILITY TO PUT SOME ADDITIONAL SIGNAGE ON THE PROPERTY, BUT YOU'RE NOT PURSUING THAT. DO YOU KNOW HOW MUCH OF IT, UH, HOW MUCH OF THE SQUARE FOOTAGE YOU'D BE GIVEN UP, UH, TO THAT? AND THE SECOND QUESTION IS, UM, THIS MASSIVE UTILITY POLE, IS THIS AN EASEMENT ON YOUR PROPERTY? WHICH WOULD, I WOULD THINK BLOCK, YOU KNOW, SOME ADDITIONAL VIEW OF ANY SIGN THAT WOULD BE LOWER? UH, UH, YES. YEAH. GREAT, GREAT QUESTIONS. THE, UM, THOSE POLES ARE ON OUR PROPERTY, UM, UH, WITHIN, WITHIN EASEMENTS, UM, THE TOTAL SIGNAGE, UM, I SHOULD HAVE THAT. UM, SO IT'D BE, YEAH, ONE PRIMARY ON EACH FRONTAGE, EACH FRONTAGE, UM, AND, AND THEN A SIGN AT 75%, UH, OF WHAT THAT WOULD BE. SO IT WOULD BE SIGNIFICANTLY MORE THAN WHAT WE'RE ASKING FOR. I, I KNOW THAT'S NOT A PRECISE ANSWER AND I APOLOGIZE FOR THAT. BUT, UM, AND, AND WE WOULD BE WILLING TO, YOU KNOW, RESTRICT THE SITE TO JUST ALLOW THAT ONE SIGN SO SOMEBODY DOESN'T COME IN. AND SO THAT'D BE A NET BENEFIT TO THE, UH, YEAH. YES. THE OVERALL REDUCTION IN SIGNIFICANT REDUCTION IN BOTH IN THE SQUARE FOOTAGE AND THE LIGHT AND ALL THE OTHER, UH, YES. COMES OUT. EXACTLY. ARE THERE ANY, UH, COMMISSIONER SPIELMAN? YES. UH, HOW FAR ARE YOU FROM, UH, THE CAMP BULLIS? UM, WE ARE, UH, QUITE A WAYS FROM CAMP BULLIS NOW. WE ARE IN THE, UM, WE ARE IN THE M L O D. UM, SO WE ARE WITHIN THE CAMP BULLIS OVERLAY. UM, SO THE SIGNAGE, LIGHT INTENSITIES WILL BE ALL UNDER THOSE REGULATIONS AS WELL AS THE OTHER LIGHTING ON THE SITE. [01:30:03] OKAY. ANY OTHER QUESTIONS? CRUZ, MR. CRUZ? UM, I'VE GOT A QUESTION THOUGH, FOR OUR SIGN GUY, CAN HE COME UP AGAIN PLEASE? I'M SORRY. SHOULD HAVE ASKED YOU YOU SOONER. NO PROBLEM. UM, DO YOU KNOW HOW TALL THE BILL MILLERS AND THE WHATABURGER SIGNS ARE COMPARISON? THEY, THEY ARE IN THE CORRIDOR, SO THEY'RE PROBABLY, I'M NOT SURE OF THAT, BUT I WOULD VENTURE TO SAY THAT THEY'RE MEETING THE, MEETING THE INTENT OF THE CODE, WHICH IS PROBABLY AT, UH, 45 FEET AT THE MAXIMUM OVERALL HEIGHT AND 200 SQUARE FEET. THAT'S WHAT I THOUGHT. THANK YOU. MANNA. COMMISSIONER, MAN. QUESTION FOR, ALSO FOR CITY. SO THE ZONING OR THE, UH, SIGN? PARDON? UM, SO, SO ONE QUESTION I HAD, AND SO AS I RECALL, THE EARLIER CASE THAT WE DID FOR MCDONALD'S IS BECAUSE MCDONALD'S IS A PREDOMINANTLY OPEN SIGNAGE THAT, DO WE MEASURE THE SIZE OF THAT SIGN DIFFERENTLY THAN WE WOULD A SOLID SQUARE RECTANGLE? NO. SO, SO EVEN THOUGH IT'S PREDOMINANTLY OPEN, UM, WE'RE GONNA MEASURE SQUARE, SO THERE'S NO ALLOWANCES FOR THAT SQUARE. RIGHT. WE'RE GONNA SQUARE IT. SO YOU'RE GONNA SQUARE IT. OKAY. AND THE OTHER ONE PREVIOUSLY, THIS IN THE CORRIDOR, THE OTHER ONE'S WORKED. OKAY. AND THEN DO WE KNOW WHAT THE HEIGHTS OF THOSE TELEPHONE POLES ARE? UM, OR ANY OF THOSE POLES? SO, SO JUST AS A NOTE IN, YOU KNOW, IN FUTURE ONES, THAT'D BE NICE TO KNOW. SO YOU CAN REFERENCE, YOU KNOW, WHAT THE HEIGHTS OF THOSE THINGS ARE. SO YOU CAN KIND OF GET A, A VISUAL OF REALLY WHAT SIZE WE'RE TALKING ABOUT, JUST, JUST TO KIND OF LAY IT OUT. SO I HAVE NO IDEA, BUT YEAH. THANK YOU. COMMISSIONER MIN CHAKA. THAT WAS IT. I WAS JUST AN AGREEMENT WITH, UM, OH, OKAY. COMMISSIONER MAX. ALRIGHT. UH, ARE THERE ANY OTHER QUESTIONS? AND, UH, ALRIGHT, UH, SO IF THERE'S NOTHING ELSE, GO AHEAD. SORRY, ONE MORE JUST TO, TO MAKE SURE, UH, ANSWER YOUR QUESTION, UM, ABOUT THE, THE WHATABURGER AND THE BILL MILLERS. UM, I ACTUALLY WORKED ON THAT PROJECT, UM, YEARS AGO, AND THERE WAS A, THEY DID A SIGN MASTER PLAN SO THEY COULD HAVE THE, YOU KNOW, OFF-PREMISE SIGNAGE FOR EACH OF THOSE OTHER USES. BECAUSE EVEN WHEN THE HIGHWAY WASN'T ELEVATED IN WHAT IT WAS NOW, THEY WERE WORRIED ABOUT EFFECTIVE ADVERTISING FROM, YOU KNOW, VERDE, UH, FROM THE OTHER ANGLES. AND, AND AT THE TIME, THE DEVELOPER CONTROLLED THAT ENTIRE BLOCK THERE. SO THEY DID A SIGN MASTER PLAN TO ALLOW THE KINDA OFF-PREMISE FLEXIBILITY AND IN EXCHANGE, YOU KNOW, HAVE THE LOWER LESSER SIGNAGE. UH, THEY ALSO WERE, UH, SUBJECT TO THE OVERLAYS, BUT 2 81 WAS, YOU KNOW, AGAIN, RIGHT THERE IN FRONT OF 'EM. AND THERE WAS, THERE WAS A STOPLIGHT THERE. SO YOU COULD, YOU DIDN'T NEED THE, THE HIGHER, LARGER SIGNAGE. SO JUST WANTED TO KIND OF ADD SOME, SO I HAVE A QUICK QUESTION, UH, FOR STAFF. SO JUST TO MAKE SURE I'M CLEAR ON THIS, UH, THE APPLICANT IS PROPOSING TO PUT A PREDOMINANTLY OPEN MCDONALD'S SIGN. IF THAT SIGN WERE TO EVER CHANGE TO ANYTHING ELSE OR EVEN BE REPLACED BY ANOTHER MCDONALD'S SIGN, THE VARIANCE GOES AWAY. CORRECT? BECAUSE I RECALL YOU SAYING, ARE YOU SAYING IF THEY ARE REPLACING LIKE MCDONALD'S WITH BURGER KING OR SOMETHING LIKE THAT? IS THAT WHAT YOU'RE SAYING? WELL, I MEAN, IF THIS WERE TO BE APPROVED TODAY, IN 10 YEARS DOWN THE ROAD, IF MCDONALD'S WANTED TO PUT A NEW VERSION OF THEIR SIGN AND REPLACE THE WHOLE CABINET, UM, THE VARIANCE WOULD BE VOID. CORRECT. SO IF THEY WERE, IF THEY'RE REPLACING THE SIGN THAT'S DIFFERENT FROM, UM, REPLACING IT FROM DAMAGE. IF THEY'RE JUST CHANGING THE, LIKE FROM MCDONALD'S TO A NEWER MCDONALD, BUT ALL THE MEASUREMENTS STAY THE SAME, THEN THEY'RE FINE. OKAY. BECAUSE THE SIGN, THE SIGN ITSELF EXISTS. BUT IF IT'S DAMAGED OR SOMETHING LIKE THAT, BEYOND, I, I'M ONLY ASKING 'CAUSE WE'VE HEARD, WE'VE SEEN MANY OF THESE SIGN CASES AND IN SOME INSTANCES SOMEBODY IS DOING MAINTENANCE, THEY TAKE THE, THE CABINET OFF TO PERFORM MAINTENANCE AND THEN ALL OF A SUDDEN THEY LOSE ALL THEIR NON-CONFORMING RIGHTS AND WHATNOT. AND SO I'M TRYING TO FIGURE OUT THAT THE CASES BEFORE US TODAY, IT, IT, IT, IT, IT, WHETHER IT'S TRULY LIMITED TO THIS ONE SIGN THIS ONE TIME, AND IF IT WERE EVER TO CHANGE IN THE FUTURE, THEN WHAT WE DO TODAY WOULDN'T MATTER ANYMORE. RIGHT. I, I THINK THE LAST TWO SIGN CASES WE HAD, THEY WERE EXPANDING THEIR SQUARE FOOTAGE AND THE OTHER ONE WAS EXPAND OR INCREASING THEIR HEIGHT, IF I REMEMBER CORRECTLY. YEAH. BUT IF, IF THEY STAY WITHIN WHAT THEY'RE GETTING A VARIANT FOR, THEY DON'T HAVE TO COME BACK. UM, IF THEY'RE JUST SWITCHING THE SIGN OUT, I JUST REMEMBER A A, I THINK IT WAS A WHATABURGER SIGN OFF OF RMAN WHERE THEY WERE DOING MAINTENANCE. THEY TOOK THE CABINET OFF, THEY WERE GONNA FIX SOMETHING ON THE POLE, PUT THE CABINET BACK ON, BUT THEN STAFF IT UP. YOU TOOK THE CABINET OFF, YOU LOST ALL YOUR NON-CONFORMING RIGHTS, GO TO THE BOA. IF IT, IF IT WAS NON-CONFORMING, THEN THAT'S, SO IF, IF THE SIGN CODE ESTABLISHED AFTER THE SIGN WAS MADE, THAT'S DIFFERENT FROM THEM JUST SWITCHING OUT, CHANGING THE OUT HERE. OKAY. SO THEY WOULD HAVE SOME CONTINUITY. OKAY. I JUST WANTED TO MAKE [01:35:01] SURE. YES, SIR. BRAGMAN, COMMISSIONER BRAGMAN, AND THEN KAPLAN. UH, SO MY QUESTION IS, SINCE THE APPLICANT HAS STIPULATED THAT, UM, THAT THEY'RE NOT INTERESTED IN PUTTING UP THE THREE ADDITIONAL SIGNS THAT THEY HAVE BY, BY, RIGHT. IS THAT ALL THAT THAT THEY NEED TO SAY? OR IS THERE ANYTHING THAT NEEDS TO BE AMENDED? YEAH. DOES THEIR APPLICATION, CAN THAT BE PART OF THEIR APPLICATION OR, OR NOT AS FAR AS BEING ABLE TO REBUILD, BEING ABLE, UH, TO, TO ADD ADDITIONAL SIGNS THAT THEY MAY BE, UH, WARRANTED. CAN THEY MAKE IT PART OF THEIR APPLICATION THAT THEY'RE NOT GOING TO BE PURSUING OR ADDING ANY ADDITIONAL SIGNS? SO THIS IS ONLY FOR A SINGLE TENANT SIGN. OKAY. SO THEY CANNOT HAVE MULTIPLE SIGNS FOR THIS VARIANCE. WELL, RIGHT. BUT, BUT THEY CAN'T PER, THEY CAN'T RESTRICT AS THE APPLICANT THE PROVISION OF ADDITIONAL SIGNS TO, TO CORRECT HELP SWAY US CAN'T, WE CAN'T, UH, PREVENT ANYTHING PERMITTED BY RIGHT. OKAY. COMMISSIONER KAPLAN, I CLARIFI YOU WERE SAYING ABOUT THE 340 SQUARE FOOT SIGN. SO IF WE SAID YES TO THE 340, BECAUSE MCDONALD'S IS A PREDOMINANTLY OPEN AND IT DOESN'T REALLY TAKE 340 SQUARE FEET. WHAT YOU'RE SAYING THAT IF THEY WENT OUTTA BUSINESS AND SOLD IT TO A BURGER KING, BURGER KING COULD GET THE 340 SQUARE FEET. CORRECT. THAT PREDOMINANTLY OPEN DOES NOT MATTER. ALL RIGHT. ANY OTHER QUESTIONS? AND SORRY, IF I CAN YEAH, GO AHEAD. SAY ONE MORE THING. YEAH. IF, IF IT'S NOT, UM, I GUESS ALLOWABLE AS A CONDITION, YOU KNOW, WE CAN, UM, PRIVATELY RESTRICT AND, AND RECORD IN THE RECORDS, UM, OR, YOU KNOW, WHATEVER THE, THE BEST MECHANISM IS TO SAY YES, WE WILL ONLY HAVE ONE FREESTANDING SIGN SHOULD THE VARIANCE BE APPROVED. AND, AND TWO, THAT IT WILL BE LIMITED TO, UM, YOU KNOW, THE, THIS PARTICULAR SIGN NOT A, A DIFFERENT SIDE OKAY. SHAPE. UH, WELL, THE ONLY WAY THAT COULD EVER HAPPEN IS IF WE WERE TO DO A CONTINUANCE. HAVE YOU RECORD SOMETHING THAT ON THE INSTANCE THAT THIS GETS APPROVED, IT WOULD BE IN EFFECT THAT YOU WOULD ONLY HAVE ONE SIGN AND THEN HEAR THIS TWO WEEKS FROM NOW. IS THAT SOMETHING THAT YOU WOULD BE OPEN TO? YES. OKAY. UH, DOES THAT, UH, BRAGMAN GO AHEAD, COMMISSIONER BRAGMAN. IT'S SOMETHING THAT WOULD MAKE ME FEEL A LOT BETTER. I MEAN, BECAUSE I, I THINK THE FOUR SIGNS, UM, IN ADDITION TO HAVING AN OVERSIZED SIGN AND A HIGHER SIGN, IT'S GONNA BE A BIT MUCH, AND, AND I, I KNOW WHAT THE CITY IS TRYING TO ACCOMPLISH WITH THE SIGN ORDINANCE IS TO DO AWAY WITH, WITH, YOU KNOW, A LOT OF THE CLUTTER. SO IT WOULD MAKE ME FEEL A LOT MORE POSITIVE TOWARDS THE VARIANCE THAT'S REQUESTED. IF THE STIPULATION WAS THOSE OTHER THREE SIGNS, I MEAN, WE CAN'T WANT THAT, WE CAN'T MANDATE THAT OR ASK FOR IT, BUT IF THEY, NO, BUT I, BUT IF THEY WERE TO DO IT AND, AND PRESENT IT TO US, UH, IS THAT SOMETHING THEY COULD DO TO, AS PART OF SWAYING? THEY, THEY CAN PRESENT IT TO YOU, BUT IT WOULD NOT BE ENFORCED BY THE CITY WHATSOEVER. RIGHT. AND WE CAN'T IT AS A CONDITION OF MANA SORT. COMMISSIONER MANA. SO, SO ONE QUESTION I THINK THAT I'VE HEARD ONE OR TWO COMMISSIONERS TALK ABOUT THE HEIGHT, YOU KNOW, IN GENERAL. AND SO I GUESS THE QUESTION TO THE APPLICANT IS IF THE HEIGHT WAS, WAS NOT GRANTED, BUT THE SIGN SIZE WAS, YOU KNOW, WOULD THAT, WOULD YOUR OFFER STILL BE STANDING WITH REGARDS TO LIMITING THE NUMBER OF SIGNS? YOU KNOW, SO, YOU KNOW, I GUESS YEAH. GOOD, GOOD QUESTION. I CAN'T, I, I CAN'T ANSWER THAT, BUT I, I, I THINK, I THINK THE ANSWER'S PROBABLY NO, BUT OKAY. SO I THINK, UH, WE'VE PROBABLY BEATEN THIS ISSUE TO DEATH HERE. IS THERE ANYBODY THAT'D LIKE TO MAKE A MOTION? COMMISSIONER BRA MAKE YOU'RE NO, I THINK, YEAH, THEY'VE ALREADY, WE CAN'T, WE CAN'T, IT'S NOT AN ENFORCEABLE WE'LL, WE'LL SEE WHAT DELIBERATION TURNS OUT. OKAY, FINE. YEAH, WE ARE WILLING TO DO THAT, BUT, OKAY. SCOTT'S HONOR, UH, GO AHEAD. REGARDING CASE NUMBER BO A DASH 23 DASH 0 3 0 4 9, UM, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A 15 FOOT, ONE OF 15 FOOT VARIANCE FROM THE MAXIMUM 35 FOOT QUARTER SIGN HEIGHT ALLOWANCE TO ALLOW A 60 FOOT TALL SINGLE TENANT SIGN WITH A 10 FOOT ELEVATED ADJACENT, UH, GRADE BONUS AND TWO 140 SQUARE FOOT VARIANCE FROM THE MAXIMUM 200 SQUARE FOOTAGE ALLOWED TO ALLOWANCE TO ALLOW A SINGLE TENANT SIGN TO BE 340 SQUARE FEET, GENERALLY LOCATED IN THE 26,000 BLOCK OF BULL VERDE ROAD, APPLICANT BEING KI GRIFFIN AND FAIRMAN P 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 NECESSARY BECAUSE STRICT ENFORCEMENT OF THIS ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNAGE ON THE SITE. CONSIDERING THE UNIQUE FEATURES OF A SITE SUCH AS ITS DIMENSIONS, LANDSCAPING, OR TOPOGRAPHY, OR TO A DENIAL OF VARIANCE, WOULD PROBABLY CAUSE A CESSATION OF LEGITIMATE, LONGSTANDING ACTIVE COMMERCIAL [01:40:01] USE OF THE PROPERTY. THE PROPERTY CURRENTLY QUALIFIES FOR A SIGN 45 FEET IN HEIGHT, 200 SQUARE FEET FOR A SINGLE TENANT SIGN THAT INCLUDES A 10 FOOT BONUS HEIGHT DUE TO THE ADJACENT ELEVATED GRADE OF OVERPASS. THE APPLICANT IS REQUESTING A VARIANCE TO ERECT A NEW SIGN AT 60 FOOT IN HEIGHT AND TO BE 340 SQUARE FEET DUE TO THE ELEVATED GRADE OF THE OVERPASS. AFTER SEEKING ONE OR MORE OF THE FINDINGS SET FORTH IN THE PARAGRAPHS ONE AND TWO, THE BOARD FINDS THAT A GRANTING THE VARIANCE DOES NOT PROVIDE THE APPLICANT WITH A SPECIAL PRIVILEGE, NOT ENJOYED BY OTHERS SIMILARLY SITUATED OR POTENTIALLY SIMILARLY SITUATED. THE PROPOSED SIGN DOES NOT APPEAR TO BE, TO PROVIDE A SPECIAL PRIVILEGE AS THERE ARE OTHER SIGNS OF THIS HEIGHT OR SQUARE FOOTAGE IN THE SURROUNDING AREA. B GRANTING THE VARIANCE WILL NOT HAVE A SUBSTANTIAL ADVERSE IMPACT ON NEIGHBORING PROPERTIES. THE PROPOSED VARIANCE WILL NOT HAVE AN, AN ADVERSELY IMPACT ON THE NEIGHBORING PROPERTIES AS THERE ARE OTHER SIGNS OF THIS HE OR SQUARE FOOTAGE AND, AND APPEAR SIMILAR TO THE SIGN REGULATION STANDARDS FOR THE 200 FOR THE US 2 81 GREATER NORTH GREATER CORRIDOR DISTRICT PLAN C GRANTING THE VARIANCE WILL NOT SUBSTANTIALLY CONFLICT WITH THE STATE OF PURPOSE OF THIS ARTICLE. A SIGN EXCEEDING 45 FEET IN HEIGHT TO INCLUDE 10 FOOT BONUS, 200 SQUARE FEET WILL NOT SUBSTANTIALLY CONFLICT WITH THE US HIGHWAY 2 81 NORTH GATEWAY CORRIDOR DISTRICT PLAN. END OF MOTION. SECOND. OKAY. WE HAVE A MOTION AND A SECOND, SECOND, UH, COMMISSIONER, UH, BRACKMAN. YEAH. UM, I'LL BE IN SUPPORT OF THIS MOTION, UM, FOR SEVERAL REASONS. ONE, THAT THE OVERPASS IS, UH, 20 FEET HIGHER THAN THE ELEVATION OF THE, UM, SIGN, THE, THE BASE OF THE SIGN, UM, BY JUST HAVING ONE SIGN, WHICH I HOPE THAT THEY WILL, UH, ADHERE TO THAT, UH, PROMISE. UH, INSTEAD OF FOUR, UH, I THINK IT'LL, UM, GO A LONG WAY TOWARDS, UH, UH, ADHERING TO THE SIGN OF THE, THE INTENT OF THE SIGN REGULATION IN TERMS OF REDUCING THE AMOUNT OF, UH, SIGNAGE, UM, ALONG THE, THE CORRIDOR. SO I'LL BE IN SUPPORT OF THE MOTION. ALL RIGHT. HERE. I THINK, UH, ZUNIGA, YOU NEED A SECOND? SAME. OKAY. UM, I'M GONNA CHIME IN AND JUST AND JUST SAY THAT THAT, YOU KNOW, JUST THE CONTOUR MAP SHOWS THIS SPECIFIC PIECE OF PROPERTY IS SUNKEN AT LEAST 20 FEET AWAY FROM AN EIGHTH OF A MILE, A 16TH OF A MILE IN EITHER DIRECTION. AND I THINK THE INTENT OF THESE SIGNS IS NOT TO LOOK AT IT WHEN YOU'RE DIRECTLY NEXT TO THE PROPERTY, BUT TO BE SOME SHORT DISTANCE. SO AN EIGHTH OR 16TH OF A MILE CERTAINLY DOES IT FOR ME. I, AND IT IS PREDOMINANTLY OPEN. UM, IS THERE ANYONE ELSE LIKE TO ADD O ZUNA, COMMISSIONER ZUNA? YES. I'M, I'M FOR IT. SO I'M GONNA BE IN FOR, FOR THE VARIANCE AS WELL. I MEAN, WE, WE NOTED THE TOPO ELEVATION OF AT LEAST 20 FEET, WHICH BASICALLY JUST PUTS THE HEIGHT THAT PAR WITH EVERYTHING ELSE. UH, SECOND, WE HAVE THESE MASSIVE EASEMENTS THAT CRISSCROSSED THE PROPERTY. I'M LOOKING AT THIS ELECTRICAL TOWER THAT'S GONNA OBVIOUSLY PROVIDE SOME, UH, UH, VISIBILITY BLOCKAGE FROM ANY OTHER SIGN THAT WOULD BE LOWER. AND THEN IMPORTANTLY, THE APPLICANT IS MAKING HIS PROMISE HERE THAT, UH, THE SIGNAGE WOULD BE LIMITED TO THIS ONE, UH, PYLON SIGN WITH THE SQUARE FEET THAT WOULD BE LIMITED TO. AND SO, YOU KNOW, WE HAVE AN OVERALL NET REDUCTION OF SIGNAGE AND POTENTIALLY HEIGHT IF, IF YOU CONSIDER THE OTHER SIGNS THAT WOULD BE OTHERWISE AVAILABLE THAT THE APPLICANT IS NOT PURSUING ON THE PROPERTY. SO THEREFORE I'M PURS I'M SUPPORTING IT. HOLD ON. WE GOT, UH, COMMISSIONER SPIELMAN, UH, MENCHACA, THEN SPIELMAN AND CAPTAIN. SO BASICALLY, UH, IS TO AN AGREEMENT TO 60 FOOT IS WHAT YOU'RE SAYING AS MR. SPIEL. I HAVE DIFFICULTY WITH THE IDEA THAT, UH, YOU KNOW, NONE OF THIS IS ENFORCEABLE AND THAT SOMEBODY CAN COME BACK LATER AND, AND BUILD OTHER SIGNAGE IN THERE. THE SIZE OF THE SIGN SEEMS TO BE INAPPROPRIATE. RIGHT. AND I, I JUST CAN'T, DON'T THINK I COULD POSSIBLY VOTE FOR THIS ONE. SO A QUESTION FOR STAFF ON THAT, ON THAT, UH, REMARK, UH, WHEN WE HEAR VARIANCES OF, OF VARY THINGS, IT SOMETIMES IT'S AS APPLIED, I'M GONNA DO SOMETHING AND THIS IS HOW I'M GONNA DO IT. AND THIS IS WHAT WE'RE APPROVING. IN THIS CASE, THE APPLICANT IS SUBMITTING A SITE PLAN, HE'S SHOWING WHERE THE SIGN'S GONNA GO, AND HE'S SHOWING IT TO BE A MCDONALD'S SIGN AND ITS SIZE A CERTAIN WAY. CAN'T THAT BE TIED TO THIS APPLICATION? ARE ARE YOU REFERRING TO IF HE CAN'T BUILD ANY MORE SIGNS? NO, NO. SO SOLELY THE FACT THAT 10 YEARS FROM NOW, IF HE SELLS TO A BURG TO A WHATABURGER AND THEY WANNA PUT THIS MASSIVE OPAQUE RECTANGLE IN ITS PLACE, I DON'T SEE HOW THIS VARIANCE WOULD CARRY OVER. IF IT'S, IF HIS APPLICATION IS, IS SPECIFIC TO A, TO A MCDONALD'S SIGN AT A SPECIFIC LOCATION. THIS, THIS VARIANCE IS SPECIFIC TO A 340 SQUARE FOOT SIGN. UM, SO IF SOMEBODY, IF SOMEBODY IS JUST REPLACING THE MCDONALD'S WITH [01:45:01] ANOTHER SIGN, AS LONG AS IT IS 300 SQUARE, 340 SQUARE FEET, THEY'RE FINE. THEY CAN DO THAT. THEY CAN'T BE GREATER THAN, RIGHT. IT CAN'T BE GREATER THAN, AND THEN CAN'T WE USE THE SITE PLAN ALSO IF THEY'RE SUBMITTING THAT, UH, TO LIMIT THE NUMBER OF SIGNS AVAILABLE ON THE PROPERTY IF WE JUST SAY, HEY, UH, UH, AS APPROVED, UM, SIGN, SO THIS, THIS SIGN IS, UM, THE ONE SIGN. BUT IF THEY'RE PERMITTED OTHER SIGNS PER THE CODE, WE CANNOT RESTRICT THAT. OKAY. NOW THAT'S, THAT'S WE, WE'VE, WE UNDERSTAND THAT. BUT, BUT, BUT THE CONCEPT OF, OF AN APPLICANT TURNING IN A SPECIFIC SITE PLAN, YOU KNOW, HOW, HOW A BUFFER IS GONNA BE DONE, HOW A HOW CURBS OR FENCES, AND WE, WE ON MULTIPLE OCCASIONS, SAY, AS APPLIED, IT'S PART OF THE APPLICATION. I'M GONNA PUT, I'M GONNA PUT A, A, UM, A CARPORT WITH GUTTERS. I MEAN, THERE'S, THERE'S SPECIFIC THINGS THAT THEY'RE TYING TO THESE APPLICATIONS THAT WE'RE VOTING ON. SO WHY ISN'T THE SIGN DONE THE SAME WAY WHERE HE'S SAYING, I'M PUTTING IN A MCDONALD'S SIGN, IT WILL LOOK LIKE THIS, IT IS GOING TO BE PLACED IN THIS LOCATION. PART OF THIS CAN'T, CAN AT LEAST THE APPLICANT'S, UM, PAPERWORK BE PART OF THIS APPLICATION. AND THAT THAT'S, 'CAUSE WE DO THAT FOR OTHER, UM, REQUESTS. I MEAN, IS THERE SOMETHING ABOUT THE SIGN CODE THAT'S DIFFERENT THAN, THAN OTHER APPLICATIONS? THERE'S NOT. THAT'S WHY I WAS TRYING TO UNDERSTAND. WELL, YEAH, BECAUSE IF WE HAVE PEOPLE THAT SAY, I'M GONNA BUILD A CARPORT AND IT'S GOING TO BE HAVE GUTTERS OR NOT HAVE GUTTERS, THAT'S WHAT THEY'RE TURNING IN. AND THAT'S WHAT WE'RE VOTING ON. IN THIS CASE, THIS APPLICANT'S SAYING, I'M GONNA TURN IN A SIGN THAT'S SHAPED LIKE THIS. IT IS GOING TO BE LOCATED IN THIS SPECIFIC LOCATION AND IT'S GONNA BE A MCDONALD'S SIGN. AND CAN'T, CAN'T THE, THE SPECIFICS OF HIS APPLICATION BE WHAT WE'RE VOTING ON? WELL, THAT'S WHERE MERKO IS. CORRECT. SO IT'S ONLY THE SQUARE FOOTAGE, THE, THE WAY THAT THE SIGN LOOKS. AS LONG AS THE SQUARE FOOTAGE MEETS THE THREE 40, THAT'S ALL THAT'S GONNA BE OF CONCERN. THEN NOW THE APPLICANT IS MCDONALD'S OR, OR KILLING GRIFFIN FAIRMAN, WHATEVER. THE, THE ONLY WAY THAT THAT WOULD CHANGE IS, LET'S SAY THAT THEY'RE GRANTED THE VARIANCE AND THEY DON'T CONSTRUCT IT FOR THE PERIOD OF A YEAR, THEN THE NEXT PERSON HAS TO, OR THEY NEED TO COME BACK AND DO IT AGAIN OR THE NEXT PERSON NEEDS. SO WHEN SOMEONE COMES UP TO US WITH A CARPORT AND THEY SAY THEY'RE PUTTING GUTTERS, IF THEY DON'T PUT GUTTERS, IS THE VARIANT STILL APPROVED OR NOT? YES. SO IT DOESN'T MATTER IF SOMEONE SAYS THAT THEY'RE DOING GUTTERS ON A CARPORT. WE IT'S UNENFORCEABLE. IT'S USED TO US. NO, IT'S, NO, THAT'S NOT WHAT I MEANT. , SORRY, THAT'S NOT NO, THAT'S WHAT WE MEANT. I'M SORRY. OKAY. 'CAUSE THERE'S SPECIFICS TO A LOT OF OUR APPLICATIONS THAT WE VOTE ON. RIGHT. AND IT SOUNDS LIKE THIS GENTLEMAN IS, IS IF THIS APPLICATION INCLUDES A SPECIFICALLY LAID OUT SIGN THAT'S TO LOOK A CERTAIN WAY. AND THAT'S WHAT WE'RE VOTING ON. WHY IS IT THAT RIGHT WHEN WE ADD GUTTERS, THAT'S NOT REALLY A KIND OF LIKE A LOOK. UM, ONCE YOU'RE, ONCE YOU'RE CHANGING PREDOMINANTLY OPEN, JUST FOR THIS EXAMPLE, PREDOMINANTLY OPEN TO OPEN, THAT'S A VERY, UM, DIFFERENT THING. BUT FOR THE SIGNS THERE IS NO PREDOMINANTLY OPEN LIKE THERE IS FOR OFFENSES. IF THAT MAKES, THAT'S WHAT WELL, I MEAN, I, I UNDERSTAND THAT. UH, BUT, BUT AS FAR AS, YOU KNOW, ADDING GUTTERS TO OUR CARPORT, THAT SEEMS TO BE AN ELEMENT, UH, THAT, THAT WE DO VOTE ON AND DO TIE TO CERTAIN REQUESTS. AND I'M WONDERING WHAT CAN THIS APPLICANT DO ON THIS SIGN TO, TO PUT SOME SORT OF TIE TO, TO THE SPECIFICITY OF WHAT HE'S ASKING FOR TO OUR REQUEST. I MEAN, IS THERE, I GUESS MAYBE LEGAL SHOULD CHIME IN ON THIS MAYBE, I MEAN, BECAUSE YOU KNOW, THIS COMMISSION DOESN'T SEEM TO HAVE A PROBLEM WITH MCDONALD'S SIGNS BECAUSE OF THE WAY IT IS, AS OPPOSED TO THE FEAR OF SOMEONE PUTTING IN SOME SOLID RECTANGLE. I, I, I, UH, I DEFINITELY UNDERSTAND WHAT YOU'RE SAYING. UH, COMMISSIONER, I JUST, I DON'T THINK THERE'S SOMETHING, UNLESS THE LEGAL SAYS SOMETHING. IF, I MEAN, WE'LL TAKE IFS, WE'LL TAKE ANYTHING HERE. THE APPLICANT, UH, WELL, I, YEAH, I'M TRYING TO THROW SOMETHING AGAINST THE WALL HERE. I GUESS WHAT IF, AND THIS WOULD REQUIRE US TO COME BACK, I ASSUME 'CAUSE IT'D HAVE TO BE RENO, BUT IF WE COULD REQUEST A VARIANCE, AND I'M LOOKING OVER HERE TO, UM, TO, INSTEAD OF A VARIANCE FROM THE TOTAL SQUARE FOOTAGE, A VARIANCE TO HOW IT IS MEASURED. AND WE'D HAVE TO FIGURE OUT, YOU KNOW, I GUESS EXACTLY WHAT THE SQUARE FOOTAGE OF THE ACTUAL SIGN IS. RIGHT? BUT DOES THAT, DOES THAT MAKE SENSE? 'CAUSE THAT SURE DOES. GUARANTEES THAT IT'S ONLY, I MEAN WE, WE HEAR CASES WHERE PEOPLE ARE PUTTING VERY SPECIFIC ELEMENTS AND IT JUST SEEMS LIKE THIS THING IS SO SPECIFIC THAT THAT, AND THAT'S, AND ALSO THE NUMBER AND MANNA COMMISSIONER MANNA. SO THAT'S WHY I ASKED MY ONE QUESTION. 'CAUSE I SEEM TO RECALL THAT THERE'S A WHOLE DIALOGUE ABOUT THE OPENNESS AND WE GRANTED THE VARIANCE BECAUSE OF THE AMOUNT OF OPENNESS FOR THE SIGN. AND SO I DON'T KNOW IF THEY READ IT DIFFERENTLY THE PREVIOUS TIME, BUT I DO RECALL, THAT'S WHY I ASKED THAT QUESTION WITH REGARDS TO WHETHER OR NOT IT WAS THE, THE OUTLINE OR, OR THE ACTUAL, YOU KNOW, FOOTPRINT. 'CAUSE 'CAUSE THERE WAS SPECIFIC DIALOGUE ABOUT ALLOWING FOR THAT [01:50:01] LARGER SIGN 'CAUSE THEY GOT A LARGER SIGN BECAUSE IT WAS THE OPEN THE OPEN FOOTPRINT. YEAH. IS IT POSSIBLE TO SAY SOMETHING LIKE SPECIFICALLY FOR A MCDONALD'S SIGN, SO SO WHAT DID, WHAT DID Y'ALL, WHAT DID Y'ALL COME OUT WITH? SO IT'S ABOUT THE, THE SIGN SIZE, RIGHT? IF YOU'RE TALKING ABOUT, UH, UH, MAKING THE APPROVAL AND THEN AS REFLECTED ON A SITE PLAN, YOU CAN DO THAT. I JUST DON'T KNOW ARE THE ENFORCEABILITY, IF IF THERE'S SOMETHING IN CONFLICT, YOU KNOW, DOWN THE ROAD, UM, WE'RE JUST CONCERNED ABOUT THEM REPLACING A, A, A, A VASTLY OPEN SHAPE WITH A SOLID RECTANGLE. THAT'S THE BIG FEAR HERE. AND I, I DON'T KNOW THAT YOU CAN REACH, BECAUSE IT'S, THIS IS ABOUT THE SQUARE FOOTAGE, SO I DON'T KNOW THAT YOU CAN GET INTO THE, THE DESIGN ELEMENTS OF IT. UH, CAN THEY COME BACK WITH A VARIANCE ON HOW, ON THE DEFINITION OF HOW THAT'S DONE, HOW THAT'S INTERPRETED. AND SO THEY'RE, THEY'D BE COMING BACK MEETING THE, THE SQUARE FOOTAGE, BUT, BUT GETTING A VARIANCE ON THE DEFINITION. BRAGMAN, COMMISSIONER BRAGMAN, COULD WE SEE THE RENDERING OF THE MCDONALD'S SIGN THAT HAS THE MEASUREMENTS ON IT? SORRY TO IF, JUST LET ME KNOW WHEN YOU , UH, MANNA COMMISSIONER MANNA. SO, UM, SO AS A NOTE, SO I DO HAVE A CHALLENGE WITH THE HEIGHT, YOU KNOW, SO, SO NOT SO MUCH ON THE SIZE OF THE SIGN. UM, BUT, BUT WITH THE HEIGHT AND, AND FOR TWO REASONS. UM, ONE IS THAT, YOU KNOW, AS I, YOU KNOW, IT HASN'T MENTIONED THAT IT ISN'T A GULLY, BUT THAT JUST SAYS THAT AS I PRESS THE GULLY, I CAN SEE FURTHER INTO THE DEPRESSION. SO I WOULD ACTUALLY SEE BETTER. 'CAUSE THE ROAD, IT DOESN'T, YOU KNOW, THE ROAD IS NOT AT A CONSTANT HEIGHT. SO, SO TO ME THAT WASN'T, I, I DIDN'T, I DIDN'T, I PERSONALLY DIDN'T HAVE A PROBLEM WITH THE HEIGHT BECAUSE IT'S NOT JUST A, A MILD DEPRESSION. IT'S AN ABRUPT, UH, I MEAN IT, IT REALLY, I MEAN IF, IF YOU WANNA BRING UP THE CONTOUR MAP IT, AND THEN THE SECOND THING IS THAT AS I LOOK AT THE SIZE OF THE TELEPHONE POLES, AND I LOOK AT THE SIZE OF THE, THE ABUTTING, UM, BUSINESSES, YOU KNOW, THEIR SIGNS ARE VISIBLE FROM THE ROADWAY, FROM A DISTANCE AS I GOOGLE, GOOGLE DRIVE IT. AND SO, SO TO ME, I DIDN'T SEE THAT AS BIG OF A THING. AND THEN, YOU KNOW, HAVING THE SIGN FOR THE MCDONALD'S, YOU KNOW, TO ME WOULD, YOU KNOW, JUST BE RELEVANT. I MEAN, AND I WOULD SAY THOSE OTHER TWO BUSINESSES ARE NOT OUT OF BUSINESS, YOU KNOW, WHENEVER IT WENT IN. UM, AND SO THAT SEEMS, YOU KNOW, SO THERE'S STILL SUCCESSFUL BUSINESSES THERE. AND THEN FINALLY THEY BOUGHT THE PROPERTY, YOU KNOW, KNOWING THAT THIS, YOU KNOW, THERE'S A, UM, THIS, UH, THIS OVERLAY OR THIS, UH, NOT OVERLAY, BUT YEAH, THIS GROUP KIND OF MADE DECISION OF HOW THEY WANTED THIS AREA TO LOOK, YOU KNOW, AND WE'RE GOING AGAINST THAT. SO, SO I WOULD'VE, YEAH. AND AND THE OVERLAY ABRUPTLY STOPS A HALF MILE UP THE ROAD WITH THE, WITH THE, WITH THE CITY LIMITS, CORRECT? YES, SIR. SO I MEAN, THAT'S THE OTHER THING. IT'S, IT'S SO CLOSE TO THE BEGINNING OF ALL THIS AND OKAY. IS THERE ANY OTHER, ONE OTHER THING I'LL JUST ADD WITH SIGNS? WE HAVE TO BE CAREFUL ABOUT CONTENT NEUTRALITY. SO WHEN YOU GET INTO TALKING ABOUT, YOU KNOW, DESIGN OR WHAT'S ON THE SIGN, I'D, I'D BE HESITANT TO, TO KIND OF GO DOWN THERE. WELL, MAYBE NOT DESIGN, BUT AS FAR AS, UM, PERCENTAGE OF THE BOX MAYBE. SO IF, IF, IF IT'S A 300 SQUARE FOOT BOX AND THEY'RE ONLY USING 40% OF IT, THEN YEAH, I DON'T KNOW THAT THE CODE REALLY GOES THERE. YOU KNOW, IT'S JUST ABOUT BASICALLY SIGN THE SIZE OF THE SIGN IN GENERAL WITHOUT GETTING INTO 'CAUSE 'CAUSE EVEN THEN YOU'RE TALKING ABOUT ELEMENTS OF HOW YOU'RE GONNA CONSTRUCT IT AND ALL THAT, YOU KNOW, JUST LIKE A FENCE. COULD WE SAY PREDOMINANTLY OPEN? NO, WHICH MEANS NOTHING, JUST PREDOMINANTLY OPEN TO BE OPEN TO INTERPRETATION. I, AGAIN, THIS IS, WE DON'T HAVE THAT DEFINITION LIKE WE DO IN THE FENCES. AND SO THEY COULDN'T, THEY COULDN'T PUT THE SIGN SPECS AS PART OF THEIR APPLICATION AND SAY, THIS IS WHAT WE'RE DOING. UH, MR. RICHARD, WE MEASURE FROM THE ENTIRE THING. RIGHT? YEAH. SO THERE'S, THERE'S, THERE'S NO LIKE, PERCENTAGE OF OPENNESS THAT WE CAN PUT ON THERE. WELL, SO WE, WE COULD COME BACK TO A VARIANCE TO SECTION 28 45, WHICH IS THE DEFINITIONS OF SIGN HEIGHT AND AREA WHERE IT TALKS ABOUT AREA COMPUTATION IS, YOU KNOW, DRAWING THE BOX, PARAPHRASING. BUT YEAH, COULD THEY DO, COULD THEY COME BACK TO US AND RE ADVERTISE FOR UN UNDER THAT GUYS? WE'D LIKE A VARIANCE FROM THAT SECTION TO MEASURE THE SIGN DIFFERENTLY. MANNA SOMETHING, SOMETHING TO NOTE ON THIS, UH, PARTICULAR SIGN. THERE'S TWO SIGNS HERE. NOT ONLY THE TOP SIGN, THERE'S ALSO THE BOTTOM SIGN THAT YOU HAVE TO TAKE INTO, INTO CONSIDERATION. IT'S TAKING UP SQUARE FOOTAGE. SO THE 200 SQUARE FOOT THAT'S ALLOWED IN THE GATEWAY QUARTER DOES CALCULATE THAT E M C UNIT ON THE BOTTOM. OKAY. OKAY. IT ADDS IT IN. OKAY. SO THAT, SO IT ISN'T AS BAD, THE BOX ISN'T AS BAD AS, AS WE WERE THINKING 'CAUSE IT'S TWO LITTLE PIECES. OKAY. UM, BUT WHAT, HOW ABOUT THE DEFINITION? COULD THEY COME BACK AND GET A VARIANCE ON THE DEFINITION ? YEAH, THEY, I MEAN THEY CERTAINLY COULD ASK FOR IT, BUT I MEAN, I MEAN IT'S, [01:55:01] IT'S A, IT'S IF THEY COULD DO IT AND IT WOULD MAKE THIS BOARD HAPPY, 'CAUSE AT LEAST THEY'D BE ABLE TO, IT'S A WAY TO LIMIT, YOU KNOW, HOW THAT'S INTERPRETED, WHICH WOULDN'T APPLY TO A BURGER KING LEADER ON OR SOMETHING, OR SOMEBODY ELSE. BUT I THINK JAMES WAS SAYING YOU WERE ASKING FOR, YOU WOULD HAVE TO ASK FOR A WAIVER TO THAT PROVISION. WELL, WE, UH, YEAH, I MEAN, WE'D BE ASKING FOR A VARIANCE TO THAT PROVISION. RIGHT. SO THEY'RE STILL ASKING FOR ANOTHER VARIANCE TOO. BUT IT WOULD BE INSTEAD OF THE YEAH, THE SIZE VARIANCE BECAUSE IT'D BE LIMITED TO, YOU KNOW, JUST THE ARCHES, WHICH, WHICH SHOULD GET US UNDER THE TWO 40. YEAH. IF, IF IN FACT, YEAH, WE CAN'T BE TIED TO OUR SITE PLAN AND SUBMITTAL DOCUMENTS. JUST A LOT TO EXPLORE HERE. YEAH. I MEAN, WHAT DO Y'ALL THINK? I MEAN, CAN YOU COME BACK? IS TWO WEEKS ENOUGH TIME TO HAMMER THIS OUT? Y'ALL GUARANTEE YOU'LL APPROVE IT. NO, THAT DOESN'T HAPPEN. THIS A CODES ISSUE, SHOULD WE? RIGHT. WE HAVE TO RE ADVERTISE IT SO IT'S AT LEAST A MONTH. CAN YOU LIVE A MONTH? I DON'T KNOW. UM, YEAH, MAY 15TH WOULD BE THE NEXT ONE WE CAN RE ADVERTISE FOR. SHOULD WE ? YEAH. OKAY. YEAH. SO WE GOT, UH, D DID, DOES ANYBODY ON THE COMMISSION, UM, WANT TO CONTINUE ON AND AND WHILE WE'RE HERE AND, AND DISCUSS THE HEIGHT AND HE CAN COME BACK LATER FOR THE SIZE? OR DO YOU JUST WANT TO DO IT ALL AT ONCE? UM, MICKA, UH, THE HEIGHT ISSUE IS THE ONE I'M HAVING WITH HERE. UH, THE DEPRESSION, UH, OR THE ELEVATION IS NOT THE ISSUE FOR ME OR THE OVERPASS. IT'S THE HEIGHT. IT'S A WELL KNOWN BRAND. IT'S, IT'S EVERYBODY IN THIS ROOM KNOWS ABOUT IT NO MATTER WHERE YOU GO AND YOU'RE GONNA FIND IT EASY. SO THAT'S WHERE I'M, I'M AT. OKAY. AND MANNA COMMISSIONER MANNA. SO, SO I WAS ACTUALLY GONNA ASK TO HAVE THIS MOTION READ AS TWO MOTIONS. UM, YOU KNOW, SO THAT, THAT WAY MAYBE ALLOW THE APPLICANT TO COME BACK WITH THE OTHER DIALOGUE FOR THE SIZE OF THE SIGN. UM, YOU KNOW, BUT, BUT I THINK, YOU KNOW, WELL, WE CAN REMOVE THE SIZE AND THEN IT'LL JUST BE ONE MOTION AT THIS POINT. RIGHT. THAT'S WHAT, I GUESS THAT'S WHAT WAS KIND OF IMPLYING WAS THAT OKAY. AND YOU'RE OKAY WITH COMING BACK ON THE 15TH FOR, THIS IS FOR THIS ONE AND THE NEXT ONE, CORRECT. BECAUSE THIS IS THE SAME ISSUE. UM, THE NEXT ONE ISN'T THE, I'M SORRY, IS MOORE ACTUALLY? YEAH. HMM. THAT, THAT ONE'S JUST, WELL, THAT ONE'S A LITTLE, LITTLE DIFFERENT ALTOGETHER. OKAY. SO, UM, WHAT WE, WHO, WHO READ THE MOTION, UH, MR. CHAIRMAN. WOULD IT ONLY BE IN THIS CASE OR THE OTHER ONE ALSO? WELL, THAT'S WHAT I WAS ASKING, BUT HE WAS SAYING NOT, NOT AT THIS TIME, BUT, UH, COMMISSIONER BAGMAN, DO YOU HAVE A FRIENDLY MINUTE TO REMOVE THE, UH, SIGN AREA COMPONENT, SIGN SIZE COMPONENT OF THE REQUEST AND LEAVING IT JUST A HEIGHT? YEAH, I'M FINE. IT'S, I MEAN, IF THE APPLICANT IS ALL RIGHT WITH IT, YEAH. AND THEN WHO SECONDED ZUNIGA DO YOU HAVE, DO YOU, YOU ACCEPT THE AMENDMENT TO REMOVE THE, THE SECOND, OH, YOU WERE THE SECOND MANCHACA COMMISSIONER MANCHACA. DID YOU, DID YOU PROVIDE THE SECOND ORIGINALLY? I THINK COMMISSIONER ZUNIGA, I THINK YOU HAD THE SECOND ON THAT ONE. DO YOU ACCEPT REMOVING THE SIGN SIZE? PARDON ME? I WAS TRYING TO GET MYSELF STRAIGHT THAT THE ORIGINAL COMPOSITION THAT SIGNED ALL THAT TO REMOVE THAT. YES, I'M IN AGREEMENT WITH THAT. OKAY. SO, BUT WHO SECONDED THE MOTION? ZUNIGA DID. THAT'S WHY I'M ASKING. BECAUSE IT'S A FRIENDLY AMENDMENT. DO YOU ACCEPT? OKAY. YOU ACCEPT. SO NOW WE'RE JUST DEALING WITH THE HEIGHT. UH, IS THERE ANY COMMISSIONERS WHO ARE OPPOSED TO THE HEIGHT AS RED? 60 FEET, MANAM CRUZ? SO WE HAVE THREE SO FAR. MANAM, WOULD ANY OF Y'ALL BE, UH, APPLICABLE TO GOING, GIVING THEM A 10 FOOT VARIANCE? I REALLY THINK THIS DEPRESSION THING IS A, IS A SERIOUS THING. THIS ONE REALLY SINKS IN THERE. FIVE FEET. SO FIVE FEET, YOU'LL ACCEPT FIVE. COMMISSIONER MANNA, WHAT WOULD, WHAT WOULD YOU ACCEPT? WOULD YOU LIVE WITH FIVE 10? WELL, IT'S, WELL YOU GETTING FIVE PLUS A 10, RIGHT? SO THE 10, SO IT'S ACTUALLY 15 THAT WE'RE TALKING ABOUT. WELL, IT'S, IT'D BE A, INSTEAD OF A 15 FOOT VARIANCE, WE'D BE GRANTING A FIVE OR A 10. WHAT COULD YOU, WHAT COULD YOU LIVE WITH? I COULD LIVE WITH ANY OF THEM. SO COME ON. GIVE THEM 10 FEET. I'LL DO THE FIVE. OKAY, SO WE GOT A FIVE. IS ANYONE ELSE OPPOSED TO THE HEIGHT THAT, THAT HAS A PROBLEM WITH THE FIVE EXPERIENCE? COMMISSIONER CRUZ. OKAY, SO YOU'RE SAYING IF WE CHANGE IT TO THE FIVE FEET, IT WOULD BE AT WHAT, 50 INSTEAD OF 45? YES. COME ON, . THERE'S A LOT OF OVERHEAD UTILITIES OUT THERE. I KNOW, BUT I'M NOT, AND IT'S S SUNK DOWN REAL DEEP. I'M TELLING YOU, IT, IT SUNK REAL DEEP [02:00:01] , MR. HANA'S. UH, OKAY. ALRIGHT. I DON'T KNOW. SO I, I GUESS THE MAJORITY, BUT I'M STILL NOT COMFORTABLE WITH EVEN THE 50. I WOULD STILL BECOME COMMISSIONER COM MORE COMFORTABLE WITH JUST THE 45 COMMISSIONER BRAGMAN, DO YOU ACCEPT A, A AMENDMENT TO THE SIGN HEIGHT TO MAKE IT JUST A FIVE FOOT VARIANCE? SO THEN IT WOULD BE, UH, 50 FOOT MAX? YEAH, I'M FINE WITH THAT. ALL RIGHT. COMMISSIONER ZUNIGA. OKAY, SO WE HAVE A MOTION ON THE TABLE ONLY REGARDING THE SIGN HEIGHT FOR A FIVE FOOT VARIANCE. LET'S HAVE A ROLL CALL VOTE MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT, MR. ZUNIGA. I CONCUR WITH THE FINDINGS OF FACT. MR. SPILLMAN. I CONCUR WITH THE FINDINGS OF FACT. MS. ENGLES. I CONCUR. MR. MENCHACA? I CONCUR. MS. CRUZ, I GUESS I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR. MR. VASQUEZ. I, MR. OZUNA, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACTS. SO YOU HAVE A MOTION PASS, YOU HAVE A FIVE FOOT VARIANCE OF THE HEIGHT. WE'LL COME BACK ON THE DEFINITION ON MAY 15TH. SO I'M LOOKING FOR CONTINUANCE, UH, OF, OF THE ITEM RE OF THIS REGARDING THE, UM, THE SIZE MOTION FOR MAY 15TH. I CONCUR. MOTION. SO MOVED. OKAY. SO I GUESS AS SOON MOTION, IT'S NOT A CONTINUOUS, IT, IT HAS TO BE READVERTISED. OKAY. APOLOGIZE. MOTION TO RE ADVERTISE, UH, REGARDING THE, UM, WE DON'T NEED A MOTION FOR THAT. . YEAH. OKAY. WE'RE GOOD. GREAT. ALL RIGHT. NEXT ITEM, ITEM THREE A BREAK. OH, YEAH, LET'S, LET'S TAKE A FIVE MINUTE BREAK. THANK YOU. WE'LL BE BACK AT 3, 3 0 9. IT'S, UH, THREE 18. I'M CALLING THIS BACK INTO ORDER. WE'RE GONNA HAVE A SLIGHT DEVIATION. WE'RE GOING BACK TO ITEM NUMBER TWO. UM, AFTER DISCUSSION WITH THE, UH, UM, WITH, WITH THE ATTORNEY, UM, THEY, THEY, THERE'S NOTHING THEY CAN DO TO ALTER THE APPLICATION, UH, TO COME BACK TO US. THAT WOULD CHANGE ANY, ANY PART OF THE, UH, OF THE CASE. SO WE, I, I'D LIKE TO BRING ITEM TWO UP REGARDING THE SIGN AREA FOR US TO, UH, TAKE A VOTE ON. SO AS THE APPLICANT IS, IF YOU COULD, IF THERE'S ANYTHING BRIEFLY YOU'D LIKE TO ADD, NOW, YOU KNOW, YOU HAVE A, YOU GOT THE FIVE FOOT VARIANCE. IS THERE A SLIGHT REDUCTION IN THE SIGN AREA THAT YOU COULD LIVE WITH THAT MAYBE WE COULD ENTERTAIN, UH, AMONG OUR, UH, AND DELIBERATE ON Y YES. UM, AND, UH, AND, AND JUST SPEAKING WITH CHRISTIE, YOU SAID IT, IT IS TIED TO THE SITE PLAN OR THE SITE, THE SITE PLAN THAT WE SUBMITTED WITH OUR APPLICATION IN TERMS OF YES. LOCATION AND, AND THE, THE SITE PLACEMENT AND THE SIZE. OKAY. YEAH. SO I, THE SIZE, UH, I BELIEVE THAT MEANS THE HEIGHT, THE TOTAL SQUARE FOOTAGE, BUT ALSO INCLUDED WITH OUR SITE PLAN, THE APPLICATION WERE, YOU KNOW, VERY SPECIFIC ENGINEERED DRAWINGS AND, AND PLANS OF, OF THAT SIZE, UM, SHOWING THAT IT IS, YOU KNOW, NOT IN FACT THREE 40. UM, I, I KNOW I DIDN'T REALLY ANSWER YOUR QUESTION, BUT, UM, I, I GUESS WE BELIEVE, YOU KNOW, GIVEN THE, THE FUSE, UH, TO USE THE VARIANCE, SHOULD IT BE APPROVED, UH, ALSO THE FACT THAT IT'S VERY MUCH LIKE, YOU KNOW, A NON-CONFORMING SIGN. UM, IF THE MCDONALD'S SIGN WAS PUT UP AND YEARS DOWN THE ROAD, IT WAS GONNA CHANGE. IT'S STILL, UH, JUST LIKE THE NON-CONFORMING SIGN PROVISIONS THAT, THAT WERE MENTIONED EARLIER. YOU KNOW, IT'S LIMITED TO THE FRAME OF THE CABINET, SO YOU COULDN'T, YOU COULDN'T DO A BLOCK SIGN WHEN THE FRAME HAS TO STAY THE SAME YES. FOR THE GOLDEN ARCHES, YES. STEPH HAS INFORMED US THAT, UM, IT'S, IT'S 10 YEARS ONCE IF THIS, BECAUSE IT'S A VARIANCE AND NOT A CONFORMING, THE VARIANCE IS PERMANENT, IT'S TIED TO THE LAND TO ANY USER, UNLESS YOU WERE TO PURSUE A MASTER SIGN PLAN, THEN YOU COULD PUT SOME SPECIFIC USE PROVISIONS IN THERE THAT COULD TIE SOME OF THIS. SO WHAT I'D LIKE, WHAT I WOULD LIKE TO HEAR FROM THE BOARD IS ON REGARDING CASE, UH, BO O A 23 DASH 1 0 3 0 0 4 9, UM, UM, A VARIANCE FOR A, FOR A SIGN, UM, SQUARE FOOTAGE ALLOWANCE. AND INITIALLY THE APPLICANT WAS ASKING FOR A HUNDRED SQUARE, 140 SQUARE FOOT VARIANCE. BUT NOW THAT THE SIGN HAS GOTTEN TO BE, UH, A LITTLE BIT SHORTER, UH, IS THERE ANY SORT OF AREA VARIANCE THAT, THAT A BOARD MEMBER WHO [02:05:01] MAY BE, WHO MIGHT BE, UH, OPPOSED TO SUCH A THING, WOULD ACCEPT LIKE MAYBE 800 SQUARE FOOT VARIANCE OR A 90 SQUARE FOOT VARIANCE? DOES ANYBODY LIKE TO MAKE A MOTION ON THAT? BRAGMAN? I HAVE A QUESTION. FIRST OF ALL, YES. COMMISSIONER BRACKMAN, COULD WE GO BACK TO THE, UH, PRESENTATION THAT SHOWS THE MEASUREMENT OF THE, THE SIGNS? SO MY QUESTION, AND THIS IS PROBABLY FOR THE, THE SIGN, UM, UH, DEPARTMENT, THE, THE SQUARE FOOTAGE THAT WE'RE TALKING ABOUT HERE, YOU HAD BROUGHT UP SOMETHING ABOUT THE, THE LOWER SIGN YEAH. COLLECTIVELY. YEAH. SO THAT, SO THE COLLECTIVE 340 REQUEST COMBINES BOTH OF THESE SIGNS, IS THAT CORRECT? CORRECT. OKAY. SO BY TAKING AWAY THAT LOWER SIGN, GET RID OF 40 SQUARE FEET, HOW MUCH? IT'S THE AIR, THE AIR GAP BETWEEN THE MC, THE, THE GOLDEN ARCHES, AND THE RECTANGLE BELOW IT IS NOT INCLUDED. IT'S ACTUALLY TWO RECTANGLES, RIGHT? ONE AROUND THE GOLDEN ARCHES, ONE AROUND THE BOX. RIGHT. AND TOGETHER IT'S THREE 40. SO YOU WOULDN'T NEED A AREA, YOU SAID, SO THAT, THAT LOWER BOX, IF THAT, THAT'S HOW MANY SQUARE FEET DO YOU THINK? IT'S 40 SQUARE FEET? 40 SQUARE FEET. OKAY. SO YOU EVER TAKE, SO BY DOING AWAY WITH THAT, IT WOULD ONLY BE A A HUNDRED SQUARE FOOT VARIANCE AS OPPOSED TO 140. YEAH. IS THAT SOMETHING THAT THE COMMISSION COULD LIVE WITH? A HUNDRED SQUARE FOOT VARIANCE? WELL, IS THAT SOMETHING THE APPLICANT COULD LIVE WITH DOING AWAY WITH THAT, THAT LOWER SIGN, GIVEN THAT THAT IT'S ONLY GONNA BE A, UH, 50 WHAT WE DECIDED ON A, YEAH, A 40 FOOT SIGN A HEIGHT. COULD YOU LIVE WITH A HUNDRED SQUARE FOOT VARIANCE? ARE YOU EVEN GONNA SEE THAT LOWER BOX? UH, WHAT IF WE JUST REDUCED IT BY THE 40 FEET OR THE 40 SQUARE FEET OF THE LOWER BOX? YEAH. I MEAN, COULD YOU LIVE WITH A HUNDRED SQUARE? THAT'S, I'M ASKING, ASKING IF, IF, IF YOU DID AWAY WITH THAT LOWER BOX THAT WOULD SAY 40 SQUARE FEET, AND SINCE THE SIGN HEIGHT IS NOW LIMITED TO 40 FEET, ARE YOU EVEN REALLY GONNA SEE THAT LOWER BOX? YEAH. GREAT. GREAT QUESTION. MS. BRAGMAN. I THOUGHT WE HAD AGREED ON 50 FEET HEIGHT. NO. YEAH, NO, WE'RE TALKING ABOUT THE, THE, THE, THAT SMALL BOX. NO, I KNOW, BUT SHE, YEAH, IT'S, IT'S 50. IT'S A D OKAY. I'M UHHUH. SORRY. I THOUGHT WE WENT WITH A FIVE FOOT VARIANCE. YEAH. THAT INSTEAD OF 15 FOOT, SO IT'S, YES. SO IT'S 15. OKAY. BUT STILL THAT'S GONNA IMPACT THE VISIBILITY. OH, YEAH, SURE. BUT, BUT YEAH. SORRY. I, I WAS, I WAS ALREADY REMINDED, MOVED ONTO THE NEXT ONE. UM, YEAH, WE WERE ASKING FOR A HUNDRED, 140 SQUARE FOOT VARIANCE, AND YEAH, IF WE'D REDUCE THAT BY 40, THAT'D BE THE A HUNDRED. IS THAT SOMETHING THAT WOULD BE ACCEPTABLE? UM, I, I COMPROMISE ON THE PREVIOUS ONE AND, AND, OKAY. THAT'S WHY I DID THAT. WELL, I'M, I, I WOULD JUST LIKE TO, I'M LOOKING FOR SOMEONE TO AT LEAST MAKE A MOTION SINCE THEY'RE NOT GONNA BE COMING BACK. UM, AND, AND JUST TO REMIND THE COMMISSION THAT WE DID GRANT A SLIGHT HEIGHT INCREASE, SO ANY HEIGHT INCREASE, THE SIGN DOES HAVE TO GET SLIGHTLY BIGGER JUST FOR VISIBILITY PURPOSES. IS THERE, IS THERE, UH, ANYBODY WHO WOULD BE OPEN TO SOME SORT OF A VARIANCE ON THE SIGN AREA THAT WOULD MAKE A MOTION? I'LL MAKE A MOTION. I MEAN, I'LL MO I'LL MAKE A MOTION AS YEAH, LET'S READ ONE IN PLEASE AS IT'S READ. YEAH. REGARDING CASE NUMBER BOA DASH 23 DASH 0 3 4 9, I MOVE TO THE BOARD OF JUSTICE GRANDE REQUEST FOR 140 SQUARE FOOT VARIANCE FOR THE MAXIMUM 200 SQUARE FOOT, UH, FOOTAGE ALLOWANCE TO ALLOW A SINGLE TENANT SIGN TO BE 340 SQUARE FEET, GENERALLY LOCATED AT 26,000 BLOCK BO VERDE ROAD, APPLICANT BEING KELLEN GRIFFIN IN FAIRMONT, P L L C. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SETS THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C HAS AMENDED RESULT IN UNNECESSARY HARDSHIPS, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NECESSARY BECAUSE STRICT ENFORCEMENT, THIS ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNAGE, UH, CONSIDERING THE UNIQUE FEATURES OF THE SITE, SUCH AS DIMENSIONS, LANDSCAPING, AND TOPOGRAPHY. UM, ALSO, UH, GRANTING THE VARIANCE IS NOT PROVIDE THE APPLICANT WITH SPECIAL PRIVILEGE, NOT ENJOYED BY OTHER, SIMILARLY, SIMILARLY SITUATED OR POTENTIALLY SIMILARLY SITUATED. THE PROPOSED SIDE DOES NOT APPEAR TO PROVIDE A SPECIAL, SPECIAL PRIVILEGE, OR THERE ARE O THERE ARE OTHER SIGNS OF THIS HEIGHT. THE SQUARE FOOTAGE IN THE SURROUNDING AREA BE GRANTING THE VARIANCE WOULD NOT SUBSTANTIALLY ADVERSE, SUBSTANTIALLY ADVERSE IMPACT ON NEIGHBORING PROPERTIES. THE PROPOSED VARIANCE WOULD NOT HAVE ANY ADVERSE IMPACT ON NEIGHBORING PROPERTIES, AS THERE ARE OTHER SIGNS OF THIS HEIGHT, THE SQUARE FOOTAGE, AND APPEARS SIMILAR IN TO THE SIGN REGULATION STANDARDS FOR THE US 2 81 NORTH GATEWAY CORRIDOR. DISTRICT PLAN C GRANTING THE VARIANCE SUBSTANTIAL CONFLICT WITH THE STATE OF PURPOSES ARTICLE, UM, SIGN EXCEEDING THE SQUARE FOOTAGE, UM, WILL NOT SUBSTANTIALLY CONFLICT WITH THE US HIGHWAY 2 81 NORTH GATEWAY [02:10:02] CORRIDOR DISTRICT PLAN, UH, END OF MOTION. OKAY, I'M GONNA SECOND THAT JUST TO MAKE THIS EASIER. OKAY. SO WE, HE'S READ IT AS APPLICANT APPLIED FOR, UM, I'M GONNA START THE BIDDING AT A HUNDRED SQUARE FOOT VARIANCE. IS THERE ANYBODY AGAINST THIS WHO WOULD LIKE TO, UH, OFFER AN ALTERNATIVE TO THAT? YEAH, I, I'M JUST, I AM AGAINST IT BECAUSE OF THE FACT IT GOES WITH THE LAND. IT IS NOT FOR THE SIGN. OKAY. COULD, SO I, I DON'T WANT ANY, COULD YOU LIVE WITH ANYTHING? NO. OKAY. IS THERE ANYBODY WHO IS AGAINST THIS THAT COULD LIVE, LIVE WITH ANYTHING? NOBODY SUPPORT THE VARIANCE. OKAY. SO, I MEAN, I KNOW THE BOARD WAS NOT IN SUPPORT OF THE VARIANCES READ, BUT WOULD, WOULD THE BOARD BE OPPOSED TO A 90 SQUARE FOOT VARIANCE? NO. IS THERE, IS THERE ANYBODY ON THIS COMMISSION THAT WOULD BE, UH, IN SUPPORT OF ANYTHING? NO. AT ALL. WE GAVE THE, OKAY. I JUST WANTED TO PUT IT OUT THERE. SO LET'S TAKE A ROLL CALL. VOTE FOR THE MOTION AS READ. MR. UNA. I CONCUR. MR. SPIELMAN, I DO NOT CONCUR. MS. LES, I CONCUR. MR. MANCHACA, I DO NOT CONCUR. MS. CRUZ. I DO NOT CONCUR. MR. ZUNIGA. I CONCUR. MR. MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT, MS. KAPLAN. I DO NOT CONCUR, MR. VASQUEZ. I DO NOT CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION FAILS. SIX TO FIVE. UM, I'M SURE YOU CAN GET WITH STAFF AND THEY'LL EXPLAIN WHAT YOUR OPTIONS ARE. UH, I HEARD THAT IT IS POSSIBLE MAYBE TO APPLY FOR A MASTER SIGN PERMIT AND PURSUE A SPECIFIC USE, ALTHOUGH THAT'S, UM, I DON'T REALLY, UH, KNOW TOO MUCH ABOUT THOSE THINGS, BUT MAYBE THAT'S SOMETHING YOU CAN ASK STAFF ABOUT. OKAY, NEXT ITEM, ITEM THREE. ITEM THREE, BO 8 23 1 0 3 0 0 0 5 0. GENERALLY LOCATED AT 10,000 BLOCK OF AL ZAMAR STREET COUNCIL. DISTRICT FOUR APPLICANT IS KELLEN GRIFFIN IN FAIRMONT, P L L C A REQUEST FOR ONE, A 10 FOOT VARIANCE FROM THE 50 FOOT MAXIMUM EXPRESS SIGN HEIGHT TO ALLOW A 60 FOOT SIGN HEIGHT AND TWO, A 90 FOOT VARIANCE FROM THE MINIMUM RIGHT OF WAY DISTANCE OF A HUNDRED FEET TO ALLOW A SIGN WITHIN 10 FEET OF THE RIGHT OF WAY. ZONING IS C TWO. SUBJECT PROPERTY IS LOCATED ALONG SOUTH ZAMORE, SOUTH OF INTERSTATE FOUR 10. DUE TO THE CONFIGURATION OF THE LOT, THE DESIGN OF THE PARKING LOT AND NOT HAVING EXPRESS FRONTAGE, THE SIGN WILL BE LOCATED WITHIN A HUNDRED FEET OF THE RIGHT OF WAY. THE PROPOSED SINGLE TENANT SIGN DOES NOT ABUT THE RAISED LOOP FOUR 10 EXPRESSWAY. AND AS SUCH, DOES NOT QUALITY QUALIFY FOR ADDITIONAL 10 FOOT EXPRESS HEIGHT SITE PLAN, THE SUBJECT PROPERTY, THE SUBJECT PROPERTY, AND YOUR SURROUNDING AREAS. RECOMMENDATIONS, SIGN, HEIGHT AND SIGN MINIMUM RIGHT OF WAY DISTANCE STAFF RECOMMENDS DENIAL. AND BO O A 23 1 0 3 0 0 0 5 0 BASED ON THE FOLLOWING FINDINGS, THE NEW FREESTANDING SIGN WILL IMPEDE THE FLOW OF TRAFFIC. AND TWO, THE LOCATION OF THE SIGN WITHIN 10 FEET OF THE RIGHT OF WAY MAY IMPEDE DIVISION OF DRIVERS ENTERING AND EXITING THE PARKING LOT. NOTIFICATION PLAN. STAFF MAILED OUT SIX NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION. AND THERE ARE NO REGISTERED NEIGHBORHOOD ASSOCIATIONS. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. OKAY, BEFORE WE GO, UM, THIS, THIS DOES HAVE TO, UH, COMPLY WITH THE EXPRESSWAY, UH, SIGNED, UH, SIGNED REQUIREMENTS, BUT IT DOESN'T GET THE 10 FOOT CREDIT BECAUSE IT'S NOT ABUTTING THE EXPRESSWAY. CORRECT? CORRECT. FROM WHAT I UNDERSTOOD, YES. OKAY, GREAT. UM, IS THERE ANY PUBLIC COMMENT? WELL, WE ALREADY HEARD THE VOICEMAIL. UH, SO LET'S HAVE THE APPLICANT COME UP, JAMES GRIFFIN, UH, KILLING GRIFFIN AND BEARMAN, UH, TEN TEN ONE REUNION PLACE. UH, THANK Y'ALL FOR ALL YOUR TIME AND PATIENCE AND EFFORTS, UH, SO FAR. SORRY FOR HIJACKING THE MEETING HERE. UM, THIS IS A SIMILAR, YET DIFFERENT, UH, REQUEST, UM, AND, AND CHAIR, AS YOU JUST MENTIONED. AND, AND, AND AS, UH, WAS DESCRIBED IN THE STAFF RECOMMENDATION, WE ARE, UH, SEEKING A, A 60 FOOT, UH, SIGN HERE AS WELL. NO SQUARE FOOTAGE VARIANCE, UH, BECAUSE WE'RE ALLOWED UP TO, TO 3 75 HERE. UM, BUT IT A LITTLE DIFFERENT HERE. SO THOSE, THOSE PROVISIONS THAT WERE JUST TALKED ABOUT, UH, WHERE IF YOU'RE A PROPERTY THAT IS NOT ABUTTING THE EXPRESSWAY, BUT YOU'RE, YOU'RE CLOSE, UH, WITHIN 500 FEET, YOU CAN, UM, UH, [02:15:01] TAKE ADVANTAGE OF THE EXPRESSWAY SIGNAGE PROVISIONS, UH, AND, AND, AND BE UNDER THAT CLASSIFICATION. THE, UM, THE VARIANCE HERE IS REALLY REGARDING, UM, MAYBE SOME AMBIGUITY IN THE CODE THAT IS ACTUALLY, UH, BEING, UH, AMENDED OR, OR CHANGED WITH THE NEW ROUND OF CHAPTER 28 AMENDMENTS. BUT THAT IS, UH, THE GRADE SEPARATION THAT, THAT WE WERE TALKING ABOUT, UH, QUITE A BIT UNDER THAT LAST REQUEST. SO, UM, IT, IT, IT WAS, IT, IT'S OUR BELIEF, I GUESS, AND OUR UNDERSTANDING. AND, AND IT WAS REALLY OUR, OUR INITIAL REQUEST, UM, UH, SUBMITTED HERE WITH, WITH THE SIGN SIGN PACKAGE THAT, UH, THAT EXPRESSWAY PROVISION BEING WITHIN 500 FEET ALLOWS YOU TO BE ONE TREATED AS A EXPRESSWAY FRONTING PROPERTY, UH, WHICH INCLUDES THE 10 FOOT GRADE SEPARATION. UH, THE, THE CITY'S DETERMINATION, UM, KIND OF, I GUESS AFTER THE INITIAL DISCUSSION WAS THAT YOU DON'T GET THAT 10 FOOT GRADE SEPARATION REQUEST IF YOU FALL UNDER THIS, YOU KNOW, WITHIN 500 FEET CATEGORY. UM, HOWEVER, THE, YOU KNOW, CHAPTER 28 AMENDMENTS THAT HAVE BEEN ONGOING FOR, UH, REALLY A COUPLE YEARS NOW AND, AND ARE CLOSE TO BEING ADOPTED, UH, THEY'RE ACTUALLY AMENDING THAT SPECIFIC SECTION OF THE CODE TO SPECIFICALLY STATE, UH, IF YOU ARE TAKING IT ADVANTAGE, IF YOU ARE WITHIN 500 FEET, YOU'RE CLASSIFIED AS AN EXPRESSWAY, BUT YOU CANNOT GET, CANNOT GET THE GREAT SEPARATION BONUS. SO THE CODE TODAY DOES NOT INCLUDE THAT LANGUAGE. IT, IT READS CERTAINLY TO US THAT, UH, YOU, YOU DO GET THE GREAT SEPARATION BONUS AND AGAIN, A, A YET TO BE FINALLY ADOPTED CODE REVISION CHANGES THAT. SO, UM, OKAY. STAFF, UH, ON THE SIGN CODE AMENDMENTS, HAVE THEY GONE THROUGH COMMITTEE ALREADY OR ARE THEY'RE NOT AT THAT POINT YET? UM, THEY HAVE HAD THEIR COMMUNITY MEETINGS AND THEY'RE ACTUALLY TAKING AN ITEM TO ZONING COMMISSION TOMORROW, UH, REGARDING ONE OF THE CORRIDORS. AND THEN THEY HOPE TO BE AT COUNCIL IN MAY. SO AT SOME POINT IN MAY, THERE, THERE IS AN AMENDMENT THAT IS STILL THERE THAT WOULD ALLOW THIS HIM TO MOVE FORWARD WITHOUT THIS VARIANCE. CORRECT. THE, THE, THE OPPOSITE, SORRY. SO, SO THE AMENDMENT, THE AMENDMENT TO LIKELY BE ADOPTED IN MAY, SPECIFICALLY STATES YOU CANNOT GET THE EXTRA 10 FEET OF GRADE SEPARATION. THE CODE DOES NOT SAY THAT NOW, BUT IT'S A, IT'S AN INTERPRETATION BY THE CITY THAT, OKAY. THE, THE CODE APPLIES NOW AS IT'S GOING TO BE WRITTEN NEXT MONTH. OKAY. SO, SO WHAT'S BEFORE US TODAY THEN IS, IS A HEIGHT, UH, OF JUST A, YOU'RE LOOKING FOR AN EXTRA 10 FEET OF HEIGHT AND THE, AND THE, AND SO TALK ABOUT THE RIGHT OF WAY DISTANCE, UH, CORRECT. SO, SO THAT'S THE OTHER PIECE OF IT AS WELL. SO, UH, ONE OF THE OTHER KIND OF QUALIFIERS OF THE, UH, PROVISION ALLOWING FOR PROPERTY WITHIN 500 FEET OF AN EXPRESSWAY TO BE ALLOWED EXPRESSWAY SIGNAGE, IS THAT IT NEEDS TO BE SET BACK A HUNDRED FEET FROM THE OTHER RIGHT OF WAY. IN THIS CASE, IT'S OURS OR MOURA, WHICH IS A SUPER ARTERIAL, AND ALSO A HUNDRED FEET FROM NEARBY RESIDENTIAL. UH, WE HAVE, AND I'LL SHOW IT HERE IN A SECOND, UH, WE DO HAVE A NEW RESIDENTIAL DEVELOPMENT FURTHER OFF TO THE SOUTHEAST. UM, AND WE WANT TO PUT OUR SIGN, REGARDLESS OF HEIGHT, AS FAR AWAY FROM THAT AS POSSIBLE FOR, FOR I THINK, OBVIOUS REASONS. UH, BUT THAT PUTS US CLOSER TO ZR ZAMORA. SO, YOU KNOW, IF WE, IF WE MEET THE A HUNDRED FOOT SETBACK FROM ZR ZAMORA, WE'RE A WHOLE LOT CLOSER. AND I THINK WE STILL COULD MEET THE A HUNDRED FEET FROM THE RESIDENTIAL, BUT IT PUTS US THAT MUCH CLOSER, YOU KNOW, 90 FEET CLOSER TO THE RESIDENTIAL AND PUTS THE SIGN IN, IN THE MIDDLE OF THE PROPERTY, UM, WHICH DOESN'T MAKE A WHOLE LOT OF SENSE. AND I THINK SOME OF THE VISUALS HERE WILL HOPEFULLY HELP FURTHER EXPLAIN THAT. UM, AND AGAIN, I, I THINK I'VE SAID IT BEFORE, BUT, UH, I WILL REALLY TRY TO COME THROUGH WITH IT AND, AND GO, GO QUICKLY ON THESE. UM, SO Y'ALL, Y'ALL CAN GET, GET GOING ON THE REST OF IT, BUT, UM, UH, HERE'S OUR SITE. YOU SEE, THERE'S THE LOOP FOUR 10 ACCESS ROAD, AND THEN YOU HAVE LOOP FOUR 10, UH, JUST OUTTA SCREEN THERE, UH, WHICH IS AN EXPRESSWAY 70 MILES AN HOUR, AND ELEVATED, UH, BETWEEN US AND THE EXPRESSWAY IS A VALERO GAS STATION, UH, WITH QUITE A BIT OF SIGNAGE, UH, BIG BLOCKY SIGNAGE, NUMEROUS SIGNS, AND THEN YOU CAN SEE VERY RIGHT HAND CORNER, UH, NEW RESIDENTIAL DEVELOPMENT, UH, BY SOUTH STAR. AND, AND, UH, PERRY HOMES IS THE, THE ACTUAL HOME BUILDER. UH, NEXT ONE, PLEASE. SO THERE'S OUR, OUR ZONING. YOU CAN SEE, YOU KNOW, COMMERCIAL, COMMERCIAL CORRIDOR. UM, AND YOU HAVE, UH, SOME OF THE MEASUREMENTS THERE. OURS ARE MORE, IS A ENHANCED ARTERIAL. UM, KEEP GOING, PLEASE. UH, THE, [02:20:01] THEY'RE JUST A LITTLE BIT MORE ZOOMED OUT. UM, YOU HAVE THE, UH, ROAD TO A AND M CAMPUS KIND OF RIGHT THERE. UH, ON THE RIGHT HAND SIDE, YOU ALSO SEE THE ENTRANCE AND EXIT RAMPS, UH, WHICH WE'LL COME BACK TO THAT. BUT, UH, OUR SITE HERE, UH, IS ON, UH, AT THE CORNER, BUT JUST OFF FROM THE CORNER. UH, NEXT ONE, PLEASE. I, HERE ARE THOSE VARIANCE REQUESTS THAT I, I TRIED TO EXPLAIN AT LEAST, UH, A FEW MINUTES AGO. UM, YOU KNOW, ONE OF, UH, WE BELIEVE FOR, FOR VARIOUS REASONS THAT GET INTO HERE THAT, UM, YOU KNOW, WE SHOULD BE ABLE TO TAKE ADVANTAGE OF THAT EXPRESSWAY FRONTAGE. BUT, UM, TO STILL BE ABLE TO MEET THE INTENT OF THE CODE, REALLY ONE UNDER THAT FIRST ONE, HOW IT'S WRITTEN TODAY, AND TWO, TO SEPARATE FROM ANY RESIDENTIAL BY AS MUCH AS POSSIBLE. WE'RE ASKING FOR THESE TWO VARIANCES TODAY. EXCUSE ME. UM, NEXT ONE, PLEASE. UH, SO THERE'S OUR SITE PLAN, UM, AND THERE'S OUR SIGN LOCATION. UM, UH, IF WE NEED TO MOVE THAT BACK A LITTLE BIT, WE CAN, BUT AGAIN, YOU HAVE THE RESIDENTIAL KIND OF OFF TO THE SOUTHEAST THERE, TRYING TO STAY AWAY FROM THAT AS MUCH AS POSSIBLE. UH, PROBABLY ALL ALSO WORTH NOTING THAT AS OUR SITE CURRENTLY SITS, WE ARE, UH, OVER 24 FEET AWAY FROM THE PROPERTY LINE. UH, BUT WHEN WE REPL, UH, WE'LL HAVE TO GIVE 10 FEET OF RIDE OF WAY DEDICATION TO THE CITY FOR ZAMORA. AND THEN WE HAVE A 14 FOOT EASEMENT. SO AFTER THAT RIDE OF WAY DEDICATION, WE WILL, WE'LL ACTUALLY BE 14 FEET AWAY. UM, BUT WE'D ASKED FOR A 90 FOOT VARIANCE JUST TO, JUST TO BE SAFE, I SUPPOSE. UM, YOU, YOU ALSO SEE ON THE SITE PLAN, WE HAVE SHARED ACCESS. UH, WE MAY REWORK THE SOUTHERN HALF AS WELL. UH, WE'RE WORKING WITH THE DEVELOPERS OF THAT RESIDENTIAL COMMUNITY WHO ARE ALSO DOING SOME COMMERCIAL, UH, FOR SOME SHARED ACCESS, UH, TO, TO LIMIT THE NUMBER OF DRIVEWAYS. NEXT ONE, PLEASE. UH, THERE'S A SIGN, UM, I THINK EVERYONE WAS FAMILIAR WITH IT BEFORE AND NOW, UH, AF AFTER THAT LAST ONE, YOU KNOW, KNOW IT BY HEART. UM, SO WE CAN SKIP OVER THAT ONE, I GUESS, OR MOVE PAST IT. UH, THERE ARE THOSE SIGNED PROVISIONS, AGAIN, ALLOWING FOR 50 FOOT ON THE EXPRESSWAY, 3 75, UH, PLUS THE 10 THERE. UH, NEXT ONE, PLEASE. UM, SO HERE'S, UM, KIND OF SAME AS EARLIER COMMENTS. BLESS YOU. UM, YOU KNOW, STAFF'S RECOMMENDATION IS FOR DENIAL, BUT I, IT SEEMS LIKE THERE WAS, IT WAS TOUGH TO, TO FIND SOME, SOME REASONS FOR IT. UM, THE, UH, FLOW OF TRAFFIC. SO THE SIGN, WE'RE ACTUALLY TRYING TO, THAT'S REALLY THE WHOLE PURPOSE OF THIS EXERCISE IS TO FIND, UH, A LOCATION, UH, FOR JUST THE ONE FOR, FOR ONE SIGN, WHICH LIKE WE TALKED ABOUT ON THE LAST ONE. UM, BUT IT STILL PROVIDES THE EFFECTIVE, SAFE, UH, ADVERTISING, UH, AND, YOU KNOW, HELPS THE FLOW OF TRAFFIC IN, IN JUST ABOUT EVERY REGARD. UH, NUMBER TWO, UM, IS, IS THAT THE, THE SIGN WITHIN 10 FEET OF THE RIGHT OF WAY MAY IMPEDE THE VISION. ONE, UH, THE NORMAL SIGN SET BACK, UH, IS 10 FEET FROM EXPRESSWAYS AND FROM FROM ARTERIALS. SO, YOU KNOW THAT THAT'S WHAT NORMALLY APPLIES IN REALLY ALL OTHER SITUATIONS. AND AGAIN, HERE WE'RE, WE'RE A LITTLE OVER 10 FEET. UH, BUT ALSO MORE IMPORTANTLY, I BELIEVE WE ARE TRYING TO DISTANCE OURSELVES AS MUCH AS POSSIBLE FROM A NEW RESIDENTIAL, UH, SUBDIVISION OFF TO THE SOUTHEAST. NEXT ONE, PLEASE. UH, SO HERE'S JUST MORE OF THE SITE, UH, DIRECTLY TO OUR SOUTH. UH, THAT WILL BE COMMERCIAL, UH, THAT'S, THAT'S BEING DEVELOPED BY SOUTH STAR, UH, WITH THE RESIDENTIAL, UH, FURTHER IN, UH, FURTHER TO THE EAST TO BE, UH, YEP. YES, MA'AM. UH, SO THIS IS ALL THAT SAME RESIDENTIAL DEVELOPER. THE, THE RESIDENTIAL STARTS HERE, REALLY, UH, YOU KIND OF SEE THE CUT OF THE ROAD THERE. UH, THIS WILL BE THEIR COMMERCIAL SLASH OFFICE, UH, PROPERTIES, OUR SIGN, UH, RIGHT ABOUT THERE, I BELIEVE. UM, AND, UH, YEAH, THAT'S OUR, OR MAYBE I GUESS RIGHT ABOUT THERE. UH, THAT'S SHARED ACCESS WITH THE VALERO. UH, IF THIS ONE LOOKS FAMILIAR, I THINK JUST MEETING OR TWO AGO, Y'ALL, UH, APPROVED A VARIANCE FOR, UH, FENCE HEIGHT THERE. UM, BUT LONG-WINDED ANSWER TO YOUR QUESTION, SIGN RIGHT, RIGHT ABOUT RIGHT ABOUT THERE. UM, AGAIN, PUSHING IT BACK FURTHER OFF ZZA MOURA, AND REALLY BEING ABLE TO DO THE A HUNDRED FOOT FROM RESIDENTIAL AND A HUNDRED FOOT FROM ZZA, MOURA PROBABLY PUTS IT LIKE RIGHT HERE. SO, AGAIN, CLOSER, CLOSER TO THE RESIDENTIAL. [02:25:02] YEP. UH, THERE'S ANOTHER, ANOTHER VIEW THERE. UM, NEXT ONE, PLEASE. AND, AND THERE'S A, A STREET LEVEL VIEW. UM, ONE THING TO POINT OUT WHILE WE'RE LOOKING AT THIS, I GUESS MAYBE TWO THINGS. ONE, YOU SEE, THAT'S JUST ONE OF THE SIGNS THAT, UH, THE NEARBY GAS STATION HAS, AND THAT'S THAT BIG BLOCKY, YOU KNOW, LOT OF SIGNAGE, UM, REALLY WHAT WE'RE TRYING TO AVOID HERE. UH, YOU CAN ALSO SEE A LITTLE BIT HOW, UH, OUR PROPERTY, UH, SITS DOWN LOWER THAN THE, THE GRADE THAT WE'RE, UH, WE, WE HAVE SOME TOPO ISSUES HERE AS WELL. NEXT ONE, PLEASE. UH, THERE'S, LOOKING AT FROM THE CORNER AGAIN, YOU SEE THE VALERO SIGNAGE AND, UM, LANDSCAPING AND THEIR BUILDING AND, AND POWER POLES AND ALL THAT. UH, YOU, I THINK YOU CAN ALSO SEE, UH, HOW OUR SITE KIND OF DROPS DOWN A LITTLE BIT AS FAR AS THE TOPO. AND ON THE LEFT HAND SIDE, YOU SEE THE, UH, GREAT SEPARATION RAISED, RAISED HIGHWAY THERE. UM, AND OUR SIGN, YOU KNOW, WE'RE LOOKING AT RIGHT ABOVE HERE, BEING ABLE TO, YOU KNOW, POKE OUT ABOVE, ABOVE THE TREES THERE. NEXT ONE, PLEASE. HERE'S ANOTHER ONE. UM, AGAIN, SEE SEEING THE SIGNS AND, YOU KNOW, SIGNAGE BEING ABLE TO, TO BE VISIBLE, UH, BEYOND WHAT YOU SEE THERE. NEXT ONE, PLEASE. UM, HERE IS, UH, YEAH, COMING DOWN THE HIGHWAY, UH, CLOSE TO, UH, WHERE THAT OFF FRAME IS, THAT THEY'RE THOSE SAME, UH, SIGNS. UH, THE VALERO SIGNS RIGHT THERE, YOU KNOW, OUR SIGN. WE'D LIKE FOR IT TO BE VISIBLE, KIND OF ABOVE, YOU KNOW, EXISTING CIRCUMSTANCES THERE. UH, NEXT ONE, PLEASE. UH, HERE'S, UM, YEAH, IT SEEMS LIKE FOREVER AGO, BUT, UH, THAT WAS, UH, FROM THE LAST PRESENTATION SHOWING YOU, HERE'S WHAT A, HERE'S WHAT AN 80 FOOT SIGN LOOKS LIKE. UM, JUST, JUST ENOUGH. UM, NEXT ONE, PLEASE. UM, SOME MORE VIEWS OF, OF OUR SITE, UH, AND, AND REALLY THE LARGE, UH, INTERSECTION THERE OF, OF Z ZAMORA. AND LOOP FOUR 10. NEXT ONE, PLEASE. SAME, SAME POINT THERE. UM, YOU CAN SEE THE, THE ELEVATIONS AND JUST THE, THE SIZE OF THIS, UH, COMMERCIAL INTERSECTION. NEXT ONE, PLEASE. UH, AND THERE'S THE, THE TOPO MAP. YOU SEE, WE ARE SET DOWN A LITTLE BIT, UH, OUR, OUR SITE BEING AT THAT 6 35 MARK, UH, WHICH IS LOWER THAN THE MOST OF THE SURROUNDING PROPERTY, INCLUDING SIX 60 AND 6 65 UP THERE, UH, AT THE HIGHWAY. SO, UH, ANOTHER 30 FEET, UH, BELOW JUST THE, THE PAVEMENT OF THE HIGHWAY. UM, NEXT ONE, PLEASE. UM, THIS IS SIMILAR TO, TO THE LAST DISCUSSION OF SHOWING, YOU KNOW, THE ENTRANCE AND THE EXIT RAMPS AND, AND JUST BEING ABLE TO HAVE ENOUGH VISIBILITY TO, TO SEE IT IN TIME. UH, NEXT ONE, PLEASE. UH, SAME ONE HERE. THIS IS, UH, WESTBOUND. YOU HAVE, YOU'RE A LITTLE CLOSER, BUT, UH, OBVIOUSLY THE POINT STILL, STILL REMAINS. UM, NEXT ONE, . UH, THIS IS BACK, BACK TO THAT OTHER ONE, UH, 50 FEET. JUST NOT, NOT ENOUGH TO, TO PROVIDE SOME VISIBILITY. AND, AND I THINK THE SITES IN AND FOSTER ARE VERY, VERY SIMILAR TO THE ONE WE'RE LOOKING AT NOW, WHERE, UH, IT WAS MCDONALD'S ACTUALLY LIKE TWO, TWO LOTS, UH, OFF OF THE HIGHWAY, DID NOT QUALIFY FOR THE EXPRESSWAY FRONTAGE. BUT ON THE SAME PRINCIPLE, IT'S A, FOR ALL INTENTS AND PURPOSES, A, YOU KNOW, A HIGHWAY USE A HIGHWAY PROPERTY, UH, BUT NOT BEING RIGHT THERE ON THE CORNER GETS, GETS LOST BEHIND THE FOLKS THAT, THAT HAVE SOME VERY LARGE SIGNS AND, AND OTHER ITEMS THERE. NEXT ONE, PLEASE. UM, THERE WE ARE. YEAH, I'M TALKING ABOUT THE, THE INTENTIONAL SIGN POSITIONING. UM, REALLY, AGAIN, WE'RE TRYING TO MEET THE SPIRIT AND INTENT OF THE CODE BY, UH, DISTANCING OURSELVES FAR AWAY FROM RESIDENTIAL AS POSSIBLE, AND, AND DISTANCING FROM THE RIGHT OF WAY AS WELL. YOU KNOW, MAKING IT SAFE, EFFECTIVE, UH, LIMITING IT TO ONE, UM, ALMOST AFRAID TO MENTION THE OPEN AIR PIECE, BUT, UM, YOU, YOU SEE IT, SEE IT THERE. UM, YOU KNOW, LESS, LESS CLUTTER, UH, MORE EFFECTIVE AND SAFE ADVERTISING. NEXT ONE, PLEASE. YEAH. ALRIGHT. SORRY, I'M, I TRY TO BE QUICK HERE. I'M GONNA, I'M GONNA, UM, I'M GONNA START OFF BY, UH, BRINGING UP THE, THE 10 FOOT ELEVATION BONUS YOU HAD SPOKE OF. SO, AND I, AND SO IN THE SIGN CODE SECTION 28, UH, I THINK IT'S 45 F THE EXPRESSWAY STANDARDS SET OUT IN TABLES, ONE AND TWO SHALL APPLY TO THOSE LOTS, UH, WITHIN 500 FEET OF EXPRESSWAY WHERE SAID LOTS, UH, DO NOT HAVE FRONTAGE ON AN EXPRESSWAY. SO YOU GET TO, YOU HAVE TO FOLLOW EXPRESSWAY TABLES OF ONE AND TWO. AND THEN THERE'S AN ASTERISK IN THERE THAT, THAT TALKS ABOUT. UM, YOU HAVE A 50 FOOT HEIGHT, BUT THEN THERE'S AN ASTERISK AND IT SAYS NOT TO [02:30:01] EXCEED 50 FEET IN HEIGHT ABOVE THE ADJACENT STREET GRADE, NOT TO EXCEED A MAXIMUM OF 60 FEET ABOVE GROUND LEVEL. SO WHAT DOES THAT MEAN? I, UH, AND I'M, AND MAYBE LOOKING TOWARDS STAFF BECAUSE YOU KNOW, IF, IF, 'CAUSE I THOUGHT THIS WAS, UH, THE OVERPASS IS WHERE YOU GOT THE EXTRA 10 FEET, BUT I COULDN'T FIND THE WORD OVERPASS IN HERE ANYWHERE. AND IT LOOKS LIKE IT'S, THEY'RE USING THE GROUND LEVEL FOR THE OVERPASS BECAUSE IT'S ABOVE 10 FEET TO GIVE YOU AN EXTRA 10 FEET. IS THAT THE, THE THINKING THERE? TYPICALLY, YES. BUT HERE THEY'RE SAYING YOU DON'T GET THAT EXTRA GRADE OR OVERPASS 10 FEET BECAUSE YOU'RE NOT TRULY AN EXPRESSWAY FRONTING PROPERTY. WELL, BUT THAT, BUT IT DOES TELL YOU TO FOLLOW THE TABLE, WHICH DOES HAVE THE ASTERISK. AND THAT'S, THAT'S WHERE I'M CONFUSED IS BECAUSE IF THE CRUX OF THE ADDITIONAL 10 FEET IS BECAUSE THERE'S AN OVERPASS THAT EXCEEDS 10 FEET IN HEIGHT, THEN WHY WOULDN'T YOU GET IT TOO? IF, IF YOU'RE BEING DIRECTED TO FOLLOW THE TABLE AND IT SPECIFICALLY SAYS THAT YOUR PROPERTY, YOU KNOW, IF YOUR PROPERTY DOESN'T FRONT THE EXPRESSWAY, SO IT, I DON'T, I'M, I'M A LITTLE CONFUSED WITH THAT. YEAH. NUMBER TWO SAYS I AGREE WITH YOU, UH, UH, DO YOU WANT TO ANSWER THIS FROM SIGNS? SO, OKAY, SO WHAT IT, WHAT IT SAYS IS, IS NOT TO EXCEED 50 FEET. SO IF YOU'RE ON THE, IF YOU HAVE EXPRESSWAY FRONTAGE, YOU GET 50 FEET, YOU'RE 50 AT 375 SQUARE FEET, THEN YOU GET AN ADJACENT GRADE. IF YOU HAVE ADJACENT, IF YOU HAVE GREAT ELEVATION, YOU GET AN ADDITIONAL 10 FEET NOT TO EXCEED THE 60 FEET ABOVE, ABOVE LEVEL. THAT IS FOR THE PERSON WHO HAS FRONTAGE. WELL, 'CAUSE THAT'S, SEE THAT WE, THAT'S WHAT I'M CONFUSED ABOUT IS BECAUSE IF, IF YOU LOOK AT 28, UH, 45 F IT SPECIFICALLY TELLS YOU TO FOLLOW TABLES ONE AND TWO. THEY APPLIED A LOT, LOTS OR PORTIONS OF LOTS LOCATED WITHIN 500 FEET OF AN EXPRESSWAY. WERE SAID LOT OR LOTS DO NOT HAVE FRONTAGE ON AN EXPRESSWAY. SO IT'S TELLING ME TO FOLLOW TABLES ONE AND TWO, EVEN THOUGH I DON'T FRONT THE EXPRESSWAY. AND THEN WHEN YOU GO TO THE TABLE ONE FOR A FREESTANDING SIGN, IT DOES SAY 50 FOOT WITH AN ASTERISK. AND ON THE ASTERISK IT SAYS NOT TO EXCEED 50 AND HEIGHT ABOVE THE ADJACENT STREET GRADE, NOT TO EXCEED A MAXIMUM OF 60 FEET ABOVE THE GROUND LEVEL. IT DOESN'T TALK ABOUT THE OVERPASS OR A BUTTING, AN OVERPASS. IT JUST TALKS. AND THAT'S THE PART THAT'S BEING CLARIFIED IN THE NEW CODE. OKAY. AND THE, THE, BUT TODAY IT, THERE'S NO CLARIFICATION. WELL, THAT'S HOW WE APPLY IT, IS THAT WE SAY, OKAY, IF YOU HAVE ADJACENT GRADE, YOU GET THE, THE EXTRA 10 FEET. IF YOU'RE JUST, IF YOU HAVE THE, IF YOU'RE ALLOWED THE, THE EXPRESSWAY STANDARDS, YOU GET THE 50 FEET. OKAY. I MEAN I, SO IT'S LIKE A BONUS FOR THE CLOSE. IT'S A BONUS. YOU'RE, IT'S, IT'S BONUS IF YOU'RE WITHIN IN THE 500 FEET. 'CAUSE OF ELSE YOU'D BE LIMITED TO THE 40 AT TWO 40. OKAY. BUT IF THIS WAS ONE CONTIGUOUS LOT, I COULD GET THE 60, BUT BECAUSE IT'S NOT TOUCHING, IT'S TWO LOTS. CORRECT. I DON'T GET THE 60. CORRECT. BUT IF I REPLAYED, THIS IS ONE LOT, I COULD GET THE 60. YOU GO INTO AN SS M P, WE HAVE ONE ONE LOT. AND THAT'S ONLY BECAUSE THAT'S HOW YOU'RE INTERPRETING IT TODAY. 'CAUSE IT DOESN'T TALK ABOUT THE OVERPASS. ALL, ALL THE CODE SAYS NOW IS I'M WITHIN 500 FEET OF THE EXPRESSWAY. FOLLOW THE TABLE. THE TABLE SAYS I CAN DO THIS EXTRA 10 FEET. I JUST, I JUST DON'T UNDERSTAND WHY. SO LIKE, IF YOU WERE ONE CONTINUOUS LOT, LIKE YOU SAID, THEN THE NEXT LOT WOULDN'T GET THE 500 FEET. STEPH, CAN WE SEE THAT TABLE? YEAH. CAN YOU PLEASE BRING UP, UH, TABLE, TABLE ONE IN THIS, IN SECTION 28, MR. CHAIR, WHILE THEY'RE PULLING THAT UP? SURE. I, I KNOW WE HAVE SEVERAL MORE CASES TO DEAL WITH. UM, I DON'T KNOW IF EVERYONE IS GONNA BE ABLE TO STAY FOR THE LONG HAUL TONIGHT. IF YOU ARE, THEN WE CAN ORDER DINNER. UM, I DON'T THINK, I THINK WE'RE GONNA JAM THROUGH THESE. I THESE, THIS, WE'RE JUST DOING SOME, THESE SIGN ONES ARE JUST GETTING PRETTY TR TRICKY. OKAY. I JUST DON'T WANNA HAVE HANGRY COMMISSIONERS. DOES ANYBODY NEED, DOES BRING SNACKS? DOES ANYBODY WANT DINNER ORDERED? BRING, OKAY, JUST CHECKING IN, SIR. OH YEAH, LET ME KNOW JUST SO WE CAN BE ON THE SAFE SIDE. THANK YOU. WE'LL BRING IN MORE SNACKS AND WATER. OKAY. AND COFFEE. OKAY. THANK YOU. SO, UH, IS THERE ANY, IS THERE ANY, OKAY, THEY BROUGHT IT, UM, YEAH, IT'S BROUGHT UP HERE. SO HERE'S, HERE'S THIS TABLE ONE THAT YOU'RE SEEING ON THE SCREEN AND PAN, PAN DOWN A LITTLE BIT TO SECTION 25 40 28 DASH 45 F JUST A LITTLE FURTHER DOWN. OKAY. SO THIS, THIS IS THE SECTION THAT SAYS IF YOU'RE WITHIN 500 FEET AND YOUR LOT ISN'T RUNNING THE EXPRESSWAY, YOU FOLLOW TABLES ONE AND TWO. THAT'S ALL THAT SAYS. SO GO BACK UP TO TABLE ONE. AND THEN TABLE ONE SAYS, OKAY, WELL I'M, I'M, [02:35:01] AND CONSIDERED AN EXPRESSWAY SIGN. I HAVE A HEIGHT OF 50 FEET, AND THEN THERE'S AN ASTERISK. AND THEN BELOW IT YOU HAVE THIS, THIS, THIS, UH, ASTERISK REMARK NOT TO EXCEED 50 IN HEIGHT, NOT TO EXCEED A MAXIMUM OF 60 ABOVE THE GROUND LEVEL. IT DOESN'T TALK ABOUT OVERPASSES, IT DOESN'T TALK ABOUT, YOU KNOW, WHAT HAPPENS, WHAT DOESN'T REALLY TELL YOU WHAT THAT MEANS TOO. WELL, I KNOW THEY'RE TRYING TO CLARIFY IT WITH THE NEW AMENDMENTS, BUT TODAY, I DON'T KNOW. I MEAN, THE WAY I READ IT, IF, IF THE, IF HISTORICALLY A STAFF IS GIVING IT TO YOU BECAUSE YOU HAVE AN OVERPASS THAT EXCEEDS 10 FEET A NIGHT AND YEAH. SO I MEAN, I, I JUST THINK IF, IF YOU'RE AN EXPRESSWAY SIGN, YOU SHOULD GET THE SAME BENEFIT AS ANYONE ELSE. BUT THAT'S HOW I'M LOOKING AT IT. SO IS THERE ANY COMMISSIONER QUESTIONS? WELL, IT SAYS, OKAY, SO I GUESS I READ IT A LITTLE BIT DIFFERENTLY 'CAUSE IT'S ADJACENT STREET GRADE AND SO, SO, SO IT'S NOT THE ADJACENT STREET GRADE. AND SO I'M GONNA STICK, STICK ON THAT WORD THERE. I GUESS SO. 'CAUSE THEY'RE THE ADJACENT, UM, YOU KNOW, I GUESS IT'S NOT ADJACENT . GOT IT. THIS IS, THIS IS SO CONFUSING. COMMISSIONER, CAN YOU USE YOUR MICROPHONE PLEASE? THANK YOU. YEAH. IS THERE ANY, I'M SORRY, THIS CONFUSING IN TERMS OF ALL THESE NUMBERS JUST, I'M JUST LOOKING AT HOW FAR IT IS FROM THE EXPRESSWAY. IT IS CLOSE TO THE EXPRESSWAY. IT IS CLOSE TO THE OTHER SIGN. I HAVE NO PROBLEM WITH THIS BECAUSE OF, I DO NOT BELIEVE IT OR NOT, . IS THERE ANY OTHER COMMISSIONERS THAT LIKE TO CHIME IN QUESTION? CHAKA COMMISSIONER MAN, CHAKA, THEN, UH, THE APPROXIMATE DISTANCE THAT I SAW FROM FOUR 10 ALONG SAR SAMRA TO THE EXISTING VALERO SIGN, IT WAS ABOUT, UM, IT WAS ABOUT 550 FEET AND THAT SIGN IS APPROXIMATELY 45 FEET TALL. AND YOU WANT TO GO ABOVE THAT FI THAT SIGN, THAT EXISTING SIGN THAT'S THERE NOW ANOTHER 20 FEET, UM, CAN, CAN YOU GO BACK TO THE, WITH, WITH A SLIGHT ELEVATION OF MAYBE FIVE FEET FROM THE EXPRESSWAY TO WHERE YOU'RE AT? UH, BUT YES, WE, WE WANNA BE ABLE TO BE SEEN A ABOVE THAT SIGN. UM, YEAH, THAT ONE, UH, YEAH, YOU CAN SEE, YEAH, THAT SIGN IF, IF IT IS 45 FEET, UM, WE, WE DO WANT TO BE HIGHER THAN THAT BECAUSE YOU CAN SEE IT IS ALMOST A COMPLETELY SOLID SIGN FROM, FROM THE GROUND TO THE VERY TOP OF THAT SIGN. IT, IT BLOCKS ALL, ALL VISUALS OF ANY, ANYTHING PAST IT. UM, NOW THEY ALSO HAVE, I BELIEVE, A HIGHER SIGN ON THE, UM, EXPRESSWAY SIDE AS WELL. SO THEY ARE TAKING ADVANTAGE OF, OF MULTIPLE SIGNS AND A SIGNIFICANT AMOUNT OF SQUARE FOOTAGE THERE, UH, ON THOSE SIGNS. SO WE DO THAT. WE WANNA BE SEEN THAT SIGN IN QUESTION THAT THAT COMMISSIONER MINCHA IS TALKING ABOUT IS A MULTI-TENANT SIGN. IT IT LOOKS LIKE ONE. YES SIR. SO BY, IF IT IS, I MEAN THEY CAN GO TO 70 FEET 'CAUSE THEY'RE NEXT TO THE EXPRESSIVELY IF THEY WANTED TO. OKAY. UH, COMMISSIONER SPIELMAN, HOW HIGH IS THAT? UH, SIGN? THE VALERO SIGN? UH, I, I TRIED TO FIND THE RECORDS. I, YEAH, SORRY, I CAN'T FIGURE OUT BILL SA I MEAN, I JUST WANTED TO POINT OUT ON THE PREVIOUS CASE WE, THERE WAS A LOT OF CONCERN OF WHAT COULD HAPPEN IN THE FUTURE. YOU KNOW, IN THIS CASE THAT THE INDIVIDUAL IN THE CORNER, A MULTI-TENANT CAN GO TO 70 FEET AND AND OR 60 IF IT'S A SINGLE SIGN. AND SO THAT'S, YOU KNOW, IF IT, IF IT'S 45 FOOT NOW OR 55 FOOT NOW, IT COULD ALWAYS GO HIGHER. I JUST LIKE TO PUT THAT OUT THERE FOR THE COMMISSION TO BE AWARE OF. YEAH. BUT I DOUBT ANYBODY'S GONNA COME ON TOP OF THEIR BUCKY'S GONNA COME THERE AND TAKE OVER. I DON'T THINK. DON'T THINK SO DON'T, YEAH, WE NEVER KNOW WHAT'S GONNA HAPPEN. IS THERE ANY OTHER COMMISSIONER QUESTIONS THAT REAL, REAL QUICK TO MR. MONA'S POINT? WE, WE ARE, AND KNOW IT'S NOT 10 FEET ADMITTEDLY, BUT WE ARE LOWER THAN, UH, C ZZA MORERO GRADE THERE AS WELL, SO, YEAH. OKAY. SO I DO RECOMMEND, UH, TO THE COMMISSION THAT WE'D SEPARATE THIS INTO TWO SEPARATE, UH, MOTIONS TOO. OKAY. WE CAN DO THAT. SO WHO'D LIKE TO READ THIS? UH, READ THE MOTION. UNA DO YOU WANT ME TO TAKE, UH, NUMBER TWO FIRST AND THEN COME BACK TO NUMBER ONE OR WELL, COMMISSION MAN IS READY TO GO. OKAY, WE GOOD? YEAH, GO AHEAD. UM, REGARDING CASE NUMBER BO 8 2 3 1 0 3 0 0 0 5 0, MOVE THE BOARD OF ADJUSTMENT GRANT [02:40:01] OR REQUEST FOR A 90 FOOT VARIANCE FROM THE MINIMUM RIGHT OF WAY DISTANCE OF A HUNDRED FEET TO ALLOW A SIGN WITH 10 FEET OF RIGHT OF WAY, GENERALLY LOCATED AT, UH, 1000 OR 10,000 BLOCK OF SOUTH ZAMORE STREET, APPLICANT BEING KILLIAN GRIFFIN AND FAIRMONT, UH, CHARACTER. UH, LET'S SEE. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LIBERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN NECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE THE VARIANCE IS NOT NECESSARY OR THE VARIANCE IS NECESSARY BECAUSE STRICT ENFORCEMENT OF THIS ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNS ON THE SITE. UH, CONCERNING THE UNIQUE FEATURES OF A SITE SUCH AS ITS DIMENSIONS, LANDSCAPE, OR TOPOGRAPHY OR, UM, TO A DENIAL OF THE VARIANCE WOULD PROBABLY CAUSE A CESSATION OF LEGITIMATE, LONGSTANDING ACTIVE COMMERCIAL USE OF THE PROPERTY. UH, THE PROPERTY CURRENTLY QUALIFIES FOR A SIGN 50 FOOT IN HEIGHT. THE APPLICANT IS REQUESTING, UM, LET'S SEE, TO BE LOCATED WITHIN 10 FEET OF THE RIGHT OF WAY. UM, THREE, AFTER SEEKING ONE OR MORE OF THE FINDINGS SET FORTH IN PARAGRAPHS, UH, ONE AND TWO, THE BOARD FINDS THAT, UH, GRANTING THE VARIANCE, UH, DOES NOT PROVIDE THE APPLICANT WITH SPECIAL PRIVILEGE, UH, NOT ENJOYED BY OTHERS SIMILARLY SITUATED OR POTENTIALLY SIMILARLY SITUATED. THE PROPOSED SIGN DOES NOT APPEAR TO PROVIDE SPECIAL PRIVILEGE AND WILL NOT IMPEDE THE FLOW OF TRAFFIC ENTERING AND EXITING THE PROPERTY. BE, UH, GRANTED THE VARIANCE WILL NOT BE SUBSTANTIALLY ADVERSE. IMP WILL NOT HAVE A SUBSTANTIALLY ADVERSE IMPACT ON NEIGHBORING PROPERTIES. THE PROPOSED VARIANCE WILL NOT HAVE AN ADVERSE EFFECT ON NEIGHBORING PROPERTIES AS THERE ARE OTHER SIGNS SIMILAR IN HEIGHT AND SIZE IN THE AREA. C GRANTING THE VARIANCE WILL NOT SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSE OF THE ARTICLE. THE REQUESTED VARIANCE WILL NOT SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSE OF THE CHAPTER. UM, THE ADDITIONAL, UH, UM, YEP, I GUESS THAT'S THE END OF THE MOTION. . IS THERE A SECOND? OKAY, I'LL SECOND IT. UM, IF I CAN, UH, INTERJECT REAL QUICK. YES. THE, UH, SIGN OF VALERO SIGN IS A 40 FEET HIGH ACCORDING TO THEIR PERMIT. OKAY. ALRIGHT. AS COMMISSIONER MANNA, SO, SO I, I COMMEND THE APPLICANT FOR, FOR WANTING TO, UH, MOVE THE SIGNAGE AWAY FROM, UH, RESIDENTIAL NEIGHBORHOODS. 'CAUSE THAT'S ALWAYS ONE OF MY FIRST CONCERNS. AND SO I THINK FROM THAT PERSPECTIVE, UM, I, I THINK THAT THIS DOES MAKE SENSE AND I REALLY DON'T SEE IT. UM, I SEE, I SEE SIGNS THAT ARE IN THAT SPACE THAT THEY'RE SPEAKING OF, AND SO I DON'T HAVE AN ISSUE WITH THAT. SO I'LL BE VOTING IN FAVOR. I DON'T HAVE AN ISSUE WITH IT EITHER SINCE THEY GAVE UP RIGHT AWAY WITH THE REPLANNING PROCESS. SO THE STREET'S GOT PLENTY OF WIDTH AND THEN THEY'RE FURTHER AWAY FROM THAT. SO THERE'S NOTHING ELSE EXCEPT ROLL CALL. VOTE ON THAT MOTION WE'RE DOING MR. MANNA. YEAH. NUMBER TWO, I CONCUR WITH THE FINDINGS OF FACT. MR. S SPILLMAN, I DO NOT CONCUR WITH THE FINDINGS OF FACT. MS. KELS, I CONCUR. MR. MANCHACA. I DO NOT CONCUR. MS. CRUZ. I CONCUR. MR. ZUNIGA. I CONCUR. MS. KAPLAN I CONCUR. MR. VASQUEZ. I CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. UNA. I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES NINE TO TWO. UH, NOW WE ARE LOOKING FOR A MOTION ON THE SIGN HEIGHT, MR. UNA, REGARDING CASE NUMBER BO EIGHT DASH 23 DASH 3 0 0 0 5 0. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR ONE A 10 FOOT VARIANCE FROM THE 50 FOOT MAXIMUM HEIGHT, UH, MAXIMUM EXPRESS EXPRESSWAY SIGN HEIGHT TO ALLOW A 60 FOOT SIGN HEIGHT. UH, SPECIFICALLY, UM, UH, LOCATED AT ONE THOU, UH, 10,000 BLOCK OF SOUTH STARS MORRIS STREET, APPLICANT BEING KILLING GRIFFIN IN FAIRMONT P L L C BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SO THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT ARE LITTLE ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIPS. SPECIFICALLY FIND THAT ONE OF THE VARIANCE IS, UH, NECESSARY BECAUSE STRICTER ENFORCEMENT OF THIS ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNS ON THE SITE CONSIDERING THE UNIQUE FEATURE OF THE SITE, UH, SUCH AS THE ADJACENT, UH, UH, SIGNAGE AT THE VALERO STORE, ET CETERA. UM, TWO, A DENIAL OF THE VARIANCE WOULD PROBABLY CAUSE A CESSATION OF LEGITIMATE LONGSTANDING ACTIVE COMMERCIAL USE OF THE PROPERTY. UH, THE PROPERTY CURRENTLY QUALIFIES FOR A SIGN 50 FEET AND HEIGHT. THE APPLICANT'S REQUESTING A VARIANCE OF THE ERECTED NEW 60 FOOT TALL SIGN. UM, AND THEN, UH, THREE, AFTER SEEKING ONE OR MORE OF THE FOLLOWING, AFTER SEEKING ONE OR MORE OF THE FINDINGS SET FORTH. AND SO PARAGRAPHS ONE AND TWO, THE BOARD FINDS THAT ONE, GRANTING THE VARIANCE DOES NOT PROVIDE AN APPLICANT WITH A SPECIAL PRIVILEGE, NOT ENJOYED BY OTHERS SIMILARLY SITUATED OR POTENTIALLY SIMILARLY SITUATED. THE PROPOSED SIGN DOES NOT APPEAR TO PROVIDE SPECIAL PRIVILEGE, WILL NOT IMP PLEAD THE FLOW OF TRAFFIC ENTERING OR EXITING THE PROPERTY. B GRANTING THE VARIANCE WILL NOT HAVE A SUBSTANTIAL ADVERSE IMPACT ON NEIGHBORING PROPERTIES. THE PROPOSED VARIANCE WILL NOT HAVE AN ADVERSE IMPACT ON NEIGHBORING PROPERTIES SUCH AS THERE ARE OTHER SIGNS SIMILARLY IN HEIGHT AND SIZE IN THE AREA. C GRANTING THE VARIANCE WILL NOT SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSE OF THIS ARTICLE. [02:45:01] THE REQUEST THE VARIANCE WILL NOT SUBSTANTIALLY CONFLICT THE PURPOSES OF THEIR EXCEED FOOT 10 OF MOTION. SECOND. SECOND BY COMMISSIONER MANNA. COMMISSIONER A ZUNA. YEAH. SO I'M GONNA BE SUPPORTING THE VARIANCE. I MEAN, THERE'S CONFLICT WITHIN THE EXISTING CODE AND THEIR, UH, POTENTIAL FOR, UM, AMENDMENTS TO EXPRESS, UH, EX EXPLICITLY ALLOW THE 10 FOOT THAT'S IN PROCESS. I THINK THAT THE POTENTIAL FOR, YOU KNOW, THE FLAIR SIGN COULD INCREASE SITES TO BLOCK THE, THE SIGNAGE ON THIS. AND I DON'T THINK THAT THE ADDITIONAL 10, UH, FEED IS, IS A, UM, MEANINGFUL VARIANCE. COMMISSIONER MANNA, UM, I WON'T BE SUPPORTING THIS. UM, SO PREVIOUSLY WE WERE TALKING ABOUT, UH, HILL COUNTRY PROPERTY WHERE THIS IS FARMLAND PROPERTY AND LOOKING OUT ON FOUR 10, UM, I WENT WAY OUT AND I COULD SEE THE VALERO SIGN QUITE A WAYS BACK. AND SO, SO I, AND, AND KNOWING THAT THAT WAS SET AT 40 FEET, UM, YOU KNOW, I THINK THE EXISTING 50 FEET WOULD BE ADEQUATE, SO I WILL NOT BE SUPPORTING MOTION. ALL RIGHT. ANYONE ELSE LIKE TO ADD? OKAY. HEARING NONE, UM, LET'S HAVE ROLL CALL. VOTE. MR. ZUNA. I CONCUR. MR. MANNA, I DO NOT CONCUR WITH THE FINDINGS OF FACT. MRS. SPILLMAN, I DO NOT CONCUR WITH THE FINDINGS OF FACT, MS. INGLES. I DO NOT CONCUR MR. MANCHACA. I DO NOT CONCUR. MS. CRUZ. I DO NOT CONCUR. MR. ZUNIGA. I DO NOT CONCUR. MS. KAPLAN. I CONCUR. MR. VASQUEZ. I DO NOT CONCUR. MS. BRACKMAN, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. UH, MOTION FAILS, UM, WITH A, WITH A SIX AGAINST, I BELIEVE IS FOUR FOUR AGAINST. SEVEN AGAINST FOUR SEVEN AGAINST FOUR IN FAVOR. MOTION FAILS. ALL RIGHT, UH, NEXT CASE ITEM NUMBER FIVE. THAT IS CASE ENDING IN 0 0 6 1. BO O A DASH TWO THREE DASH 0 3 0 0 0 6 1 ADDRESS IS 5 9 0 3 NO CREST IN CITY COUNCIL. DISTRICT NUMBER FOUR, APPLICANT BEING ELISIA GARCIA. A REQUEST FOR A FOUR FOOT NINE INCH VARIANCE FROM THE FIVE FOOT MINIMUM SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE THREE INCHES FROM THE SIDE PROPERTY LINE. AND THE CURRENT ZONING IS R SIX. THE SUBJECT PROPERTY IS 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 VISIT, STAFF OBSERVED THE APPLICANT HAD HALTED CONSTRUCTION ON THE CARPORT TO OBTAIN A BUILDING PERMIT. CARPORTS CONSTRUCTED IN SAN ANTONIO ARE REQUIRED TO MAINTAIN A MINIMUM DISTANCE OF FIVE FEET TO THE SIDE. AND THEN THIS IS THE SITE PLAN AND THE SUBJECT PROPERTY, AND THIS IS THE CARPORT. AND THEN THE SIDE SETBACK MEASUREMENT AND THEN THE SURROUNDING AREAS. STAFF RECOMMENDATION FOR THE SIDE SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO O A DASH 23 DASH 0 3 0 0 0 6 1 BASED ON THE FOLLOWING, UH, ONE, NO UNNECESSARY HARDSHIPS SEEM TO BE PRESENT AS THERE IS ALREADY SUFFICIENT ROOM TO PARK THEIR VEHICLE COMFORTABLY. AND TWO, NO OTHER CARPORTS AND REDUCED SETBACKS WERE SEEN IN THE IMMEDIATE AREA. UH, THIS IS THE NOTIFICATION PLAN. STAFF MAIL 27, NOTICES FIVE IN FAVOR WITH TWO OUTSIDE THE 200 FEET, ONE IN OPPOSITION. AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION FOR THE SUBJECT PROPERTY. AND THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. THANK YOU VERY MUCH. THANK YOU. LET THE APPLICANT COME FORWARD PLEASE. HELLO, MY NAME'S ELLE GARCIA AND THIS IS MY WIFE, GRACE. AND WHAT WE'RE TRYING TO DO IS, UH, BUILD A CARPORT, UH, SO WE CAN GET OUR, OUR VEHICLES UNDER THERE FOR THE, UH, UH, WHEN IT, YOU KNOW, WHEN THE BAD WEATHER HITS AND STUFF LIKE THAT. UM, WE, WE ARE, UH, THREE INCHES AWAY, BUT I DID, UH, I WAS HERE THE LAST TIME AND I MODIFIED THE, UH, THE WAY WE WERE GONNA DO THE ROOF LINE. AND SO WHAT I DID WAS, UH, SEE THAT PICTURE THERE? YEAH, THEY CAN PROJECT THAT ONTO THE SCREEN IF THEY HAND IT TO HIM, EMAIL TOO. AND THAT ONE. SO AS YOU CAN SEE THE, UM, THE, THE GUTTERS AT, AT THE TOP THERE AND THERE IS A POLE COMING DOWN. [02:50:01] AND ON THAT POLE I COULD EITHER PUT ON THE FACE OR ON THE SIDE AND THE WATER IS GONNA BE GOING TOWARDS OUR SPACE, WHICH IS THE DRIVEWAY. SO THIS WAY WE'RE NOT ONTO THE, UM, OUR NEIGHBOR'S PROPERTY. THE, I DID SPEAK WITH THE NEIGHBOR AND HE SAID HE WAS OKAY WITH IT. I SHOULD HAVE GOT SOMETHING WRITTEN DOWN, BUT, UH, HE SAID HE WAS OKAY WITH IT, UH, BECAUSE I WASN'T GOING INTO HIS PROPERTY. THE, UM, CARPORT IS MADE OUT OF STEEL. IT'S, EVERYTHING IS WELDED. UM, SO THERE'S, YOU KNOW, NO, UM, I GUESS, UM, COMBUSTIBLE, UH, ANYTHING COULD BURN. THERE'S, IT'S NOT MADE OUTTA WOOD OR ANYTHING ELSE LIKE THAT. UM, SO THIS IS WHAT I, I PROPOSED TO DO. IF YOU GUYS SEE ANY OTHER MODIFICATIONS THAT I COULD DO FOR IT, I'LL BE WILLING TO DO IT. DID YOU, DID YOU PROVIDE THAT SKETCH, UH, TO STAFF OTHER PRIOR TO TODAY? YES. OKAY. SO IS THIS, SO THE, THE SKETCH THAT SHOWS THE GUTTER AND IT FLOWING ONTO THE DRIVEWAY, THAT'S PART OF THE APPLICATION AT THIS POINT? YEAH, NO. UM, IF HE'S AMENDING TO THIS RIGHT HERE, UM, WE CAN USE THIS AS THE, UH, SITE PLAN ATTACHED TO THE VARIANCE. OKAY, AWESOME. SO, UM, AND THE REASON WHY I, I NEED THE SPACE IS I CAN'T FIT BOTH VEHICLES IN THERE. IF I WERE TO BRING THE, THE, THE COLUMN IN OR THE POLE, THEN I WOULD, I WOULDN'T BE ABLE TO TO PUT MY VEHICLES IN THERE. OKAY. UM, UHHUH. ALRIGHT. SO, UM, YEAH, WE, WE HAD THE BENEFIT OF HEARING YOUR PRESENTATION, UH, PREVIOUSLY, SO WE'RE JUST OPEN. IS THERE ANY, UH, PUBLIC COMMENTARY THAT NEEDS TO BE READ IN OR VOICEMAILS? THERE'S NO PUBLIC COMMENT. OKAY. IS THERE ANY COMMISSIONER QUESTIONS? CRUZ, COMMISSIONER CRUZ, AND THEN A ZOOM UP. UM, I'VE JUST GOT A QUESTION ON THE PICTURE THAT I'M SHOWING HERE. AND IT, I DON'T KNOW WHAT SLIDE IT IS, 52 ACCORDING TO THIS, UM, THE OTHER TWO CARPORTS THAT THEY'RE SHOWING, ARE THOSE CLOSE TO YOU OR ACROSS THE STREET FROM YOU OR THERE? THERE'S, THERE'S A CARPORT. I'M NOT SURE WHICH ONE. THAT ONE. THOSE RIGHT THERE. THOSE RIGHT THERE. OH, IT'S NOT SHOWING. UM, THERE'S ABOUT FIVE CARPORTS THAT ARE BUILT RIGHT ON THE LINE, PROPERTY LINE IN THE AREA. I DO HAVE SOME PICTURES HERE, UM, RIGHT THERE. THAT ONE? YES, THAT ONE'S ACROSS THE STREET FROM ME. OKAY. BOTH OF THOSE ARE ACROSS THE STREET FROM YOU? YES, THEY'RE BOTH ACROSS THE STREET. UH, THERE'S ONE THAT ONE'S KINDA LIKE CATTYCORNER. OKAY. BUT THE ONE IN FRONT OF ME ALSO HAS A COURT PORT THAT IS RIGHT ON THE PROPERTY LINE. OKAY. AND BOTH OF THOSE ARE AS LONG AS THE ONE YOU'RE TRYING TO BILL RIGHT NOW? UM, YES. AS YOU CAN SEE, THIS ONE THAT'S, THAT'S WITH THE WHITE CAR RIGHT THERE. IT'S, IT'S, IT'S WITHIN LIKE, UH, 15 TO 20 FEET FROM THE, UH, FRONT. SHE'S ASKING IF YOU'RE MAKING THE SAME CAR? NO. OH, THE LINK. THE LINK. I'M SORRY, MA'AM. HOW LONG, HOW LONG IS IT THE SAME LENGTH? WELL SEE WHAT, WHAT I'M DOING IS GOING, I'M GOING TO THE, UH, BACK PART OF MY HOUSE TOWARDS THE FRONT, AND I'M STOPPING RIGHT AT THE FRONT OF MY HOUSE. SO IT'S NOT GONNA GO TOWARDS THE STREET'S FLAT. SHE DIDN'T ASK THAT. NO, NO, I, NO, WHAT I'M SAYING IS, OH, OKAY. OKAY. SO, SO THERE'S STILL ANOTHER ABOUT 20 TO 30 FEET. FEET? I SEE IT NOW BEFORE I GET TO THE STREET. BEFORE YOU GET TO THE STREET. OKAY. 'CAUSE THESE ARE CLOSER TO THE STREET. OKAY. I GOT IT. 'CAUSE THAT WASN'T HERE LAST TIME, SO I WASN'T SURE. OKAY. ALL RIGHT. THANK YOU. YES, MA'AM. ALL RIGHT. ANY OTHER, UH, COMMISSIONER ZUNA? OH YEAH, I WAS JUST GONNA MAKE NOTE, A NOTE THAT, UH, SO THERE WAS A CONTINUANCE FROM THE LAST CASE. 'CAUSE WE WERE ASKING YOU TO GO AND EXPLORE THE ABILITY TO PUT THE GUTTERS ON WITHOUT CROSSING OVER THE PROPERTY LINE. YES, SIR. SO YOU PROVIDED THAT EXHIBIT. YOU'VE DONE WHAT WE ASKED YOU TO DO? YES, SIR. SO, UM, YOU KNOW, UH, AND WE INCLUDED THAT AS AN EXHIBIT, UH, FOR, FOR ALL THE BOARD MEMBERS TO KNOW THAT THAT, UH, WOULD BE THE, THE, THE EXHIBIT THAT HE INTENDS TO BUILD THE GUTTERS WITHIN THE PROPERTY LINE. ALL RIGHT. COMMISSIONER ZUNIGA, AND, AND JUST TO, SO YOU SAY YOUR NEIGHBOR RIGHT ADJACENT TO YOU IS OKAY WITH THIS? YES, RIGHT NEXT DOOR TO ME. OKAY, COMMISSIONER. OKAY. WITH THAT COMMISSIONER ZUNIGA? YES. ON A PICTURE HERE WHERE YOU HAVE THE FRAME. OKAY. OKAY. CAN YOU RIGHT THERE. YES. OKAY. IS THAT A PART OF THE FACADE IN FRONT OR THE, UH, THE ROOF SIDE THAT YOU HAVE THERE? RIGHT IN FRONT IS NOT GOING TO BE THE FACADE THAT, THAT'S THE FRONT AND, UM, WHERE THE PATIENT IS. I DO HAVE LIKE A LITTLE BIT OF AN OVERHANG, UH, BUT THAT'S, IT'S LIKE A, MAYBE A SEVEN INCH OVERHANG, BUT THAT STOPS WITH THE FRONT OF MY HOUSE. OKAY. YEAH, IT DOESN'T EXCEED THAT, BUT, BUT YOU'RE NOT GONNA CUT IT OFF OR NO, ON THE, ON THE FAR RIGHT SIDE. YES. I'M [02:55:01] GONNA CUT THAT OFF BECAUSE IT DOES GO OVER, BUT I JUST LEFT IT WILD BECAUSE THE, UM, WHEN I TALKED TO THE, UM, INSPECTOR, UH, HE SAID, GO AHEAD AND STOP WHERE YOU'RE AT. SO I SAID, OKAY. AND THE REASON WHY I DIDN'T, UH, GET A PERMIT IN THE BEGINNING IS 'CAUSE IT WAS A MISUNDERSTANDING. THE, UM, INSPECTOR THAT WAS OUT THERE, HE SAID I DIDN'T NEED A PERMIT FOR THE, FOR THE, UH, DRIVEWAY. SO I TOOK IT, THAT THAT WAS PART OF THE DRIVEWAY. AND THEN WHEN THE, WHEN THE INSPECTOR STOPPED BY, I, I TOLD HIM THERE WAS A MISUNDERSTANDING ON THAT. SO, DO YOU KNOW THE NAME OF THE INSPECTOR? I'M SORRY, SIR. DO YOU KNOW THE NAME OF THE INSPECTOR? I DO NOT. I DO NOT, BUT HE'S BEEN THERE FOR YEARS. OKAY. SO YOU WILL CUT IT OFF, RIGHT? YES, I WILL CUT IT OFF. OKAY. THANK YOU. COMMISSIONER MINKA? YES, SIR. UH, YES SIR. MOST OF THE HOUSES ALONG YOUR STREET IS A SINGLE DRIVEWAY. ONE CAR GOES IN THERE WHEN YOU EDIT THAT EXTRA SLAB TO THE RIGHT TO EXTEND THAT TO THE NEIGHBOR. MM-HMM. , DID YOU OBTAIN APPROVAL FROM THE NEIGHBOR THAT, HEY, I'M GONNA COME CLOSE TO YOU, OR YOU JUST ADDED IT BECAUSE YOU, YOU NEVER THOUGHT YOU WERE GONNA BUILD A CARPORT ON IT? NO. UH, I, I TALKED TO THE NEIGHBOR BEFORE I GOT ANYTHING DONE BECAUSE, UH, IF YOU LOOK AT THE HOUSE, CAN YOU GO BACK TO THE OTHER HOUSES ON THE OTHER SIDE OF THE STREET? THAT, SO THE HOUSE WHERE THE BLACK TRUCK IS, THAT'S A, THAT'S A DOUBLE, UH, DRIVEWAY TOO. AND IT'S JUST, THAT'S WHERE I GOT THE IDEA FROM. SO IT GOES FROM THE STREET ALL THE WAY TO THE BACK OF THE HOUSE. AND THEN, UM, SO THAT'S WHY I KIND OF, I BUILT IT THE SAME WAY. BUT I DID TALK TO THE INSPECTOR BEFORE I STARTED ANYTHING, AND I ALSO TALKED TO MY NEIGHBOR BEFORE I, I, I DID ANYTHING AND IT WAS REALLY, I WAS PARKING KIND OF LIKE ON, I THREW GRAVEL DOWN SO IT, EVERY TIME IT RAINED, WE HAD A, WE HAD A MUDDY MASS. YEAH, I SAW THE GOOGLE BACK THEN WHEN YOU WERE DOING THAT. THANK YOU. MANANA. COMMISSIONER MANNA, YOU'RE HERE TO TELL. SO ONE OF THE THINGS HE SAID IS THAT YOU HAD NO PLANS TO MOVE THE, UH, CURRENT CARPORT FORWARD, UH, THE FRONT OF THE HOUSE. IS THAT CORRECT? NO, THAT'S, THAT'S IT. AND SO THE MOTION WAS MADE SO THAT, THAT WAS PART OF THE MOTION WHERE YOU WOULD HAVE TO BE SO MANY FEET BACK. YOU WOULDN'T HAVE AN ISSUE WITH THAT? 'CAUSE THAT WOULDN'T IMPACT YOUR POSITION. YEAH. AS FAR AS FRONT FROM THE STREET, IS THAT WHAT YOU'RE TALKING ABOUT? YES. YEAH. FROM THE STREET. I'VE GOT, LIKE I SAID, 20 TO 30 FEET. I, I'M NOT SURE EXACTLY WHAT DIMENSION IT IS, BUT I KNOW I HAVE, UH, EASY 20 TO 30 FEET UP THERE. OKAY. THANK YOU. ALRIGHT. IF THERE'S NOTHING ELSE, I'M LOOKING FOR A MOTION. MOTION. COMMISSIONER KAPLAN, REGARDING CASE NUMBER B REGARDING, OH. AND, AND WHEN YOU READ IT, JUST UH, MAKE SURE, UH, YOU'RE AWARE OF THE, UH, NOT TO EXCEED THE FRONT OF THE HOUSE TO EXCEED THE FRONT OF THE HOUSE. YEP. REGARDING CASE NUMBER BO O A DASH 23 DASH 3 6 1, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, FOUR NINE INCH VER MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT TO HAVE A THREE INCH SIDE SETBACK SITUATED AT 5 9 0 3 NOEL CREST DRIVE, APPLICANT BEING CIO GARCIA GARZA. BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER, 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 TO GENERAL HEALTH, SAFETY AND WELFARE FOR THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENT RESTRICTED SETBACKS. TO PROVIDE AMPLE SPACING BETWEEN PROPERTY LINE AND STRUCTURES, THE APPLICANT IS REQUESTING A VARIANCE TO THE SIDE SETBACK TO ALLOW A CARPORT TO BE THREE INCHES IN THE SIDE PROPERTY LINE. UM, SHOULD I, THIS I SAY, UH, THE FRONT, IT SHALL NOT EXCEED, UM, THE FRONT OF THE HOUSE. IT SHOULD BE PART OF THE MAIN MOTION. UH, SO IT WOULD BE A, UM, A REQUEST FOR A FOUR FOOT NINE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIZE BACK TO ALLOW A CAR PUT TO HAVE A THREE INCH SIDE SET BACK, BACK, NOT EXCEEDING WITH THE FRONT. NOT TO EXCEED, NOT TO EXCEED THE FRONT OF THE HOUSE. THE FRONT OF THE HOUSE. YEAH. OKAY. THE APPLICANT IS REQUESTING A VARIANCE THE SIDE SET BACK TO ALLOW A CARPORT TO BE THREE INCHES FROM THE PROPERTY LINE. STAFF FINDS THIS DISTANCE IS SUITABLE AS IT DOES NOT IMPOSE ON THE PUBLIC INTEREST OF THE NEIGHBOR. TWO, DUE TO SPECIAL CONDITIONS OF LITERAL ENFORCEMENT TO THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT TO THE ORDINANCE WOULD RESULT IN THE APPLICANT BUILDING THE CARPORT FIVE FEET FROM THE SIDE PROPERTY LINE, OR DEMOLISHING THE CARPORT, WHICH WOULD RESULT IN AN UNNECESSARY HARDSHIP AS IT WILL PREVENT THE APPLICANT FROM FITTING TWO CARS COMFORTABLY WITH THE REDUCED SETBACK. 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 CAR PUT WOULD BE THREE INCHES IN THE SIDE PROPERTY LINE, WHICH WILL OBSERVE THE SPIRIT OF THE ORDINANCE BECAUSE IT WOULD PROVIDE ADEQUATE DISTANCE FROM THE SIDEWALK AND IS ABIDING BY ALL OTHER BUILDING REQUIREMENTS. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH [03:00:01] THE VARIANCE IS LOCATED. NO OTHER USES THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH, 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 CARPORT WILL MAINTAIN THREE INCHES FROM THE SIDE PROPERTY LINE. THIS DIS PROVIDES ADEQUATE SPACING, WHICH IS NOT LIKELY TO INJURE ADJACENT CONFORMING PROPERTIES AND ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IS OTHER CARPORTS WERE SEEN IN THE IMMEDIATE AREA, THE SIX, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY DO NOT MERELY FINANCIAL AND ARE NOT DUE TO A RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS LIMITED SPACING IN THE SIDE YARD. THE CIRCUMSTANCES APPEAR TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. END OF MOTION. SECOND. SECOND. BY COMMISSIONER CRUZ. COMMISSIONER KAPLAN. YEAH. I, I'LL I'LL SUPPORT THIS NOW. UM, YOU'VE COME BACK AND YOU'VE MADE THE ADJUSTMENTS THAT WE ASKED FOR AND, AND YOUR NEIGHBOR WHO REALLY WILL BE AFFECTED IS ONE WHO IS OKAY WITH IT. SO, UM, WITH THAT IN MIND, I'M, I'LL BE OKAY. THANK YOU. COMMISSIONER CRUZ? YES. I CONCUR WITH MY COLLEAGUE. I DON'T SEE ANY PROBLEM WITH THIS. IT SHOULD BE, UM, WELL WORTH THE EFFORT THAT THEY'RE PUTTING INTO IT. THANK YOU. ALL RIGHT. ANYONE ELSE LIKE TO ADD HEARING NONE US HAVE ROLL CALL VOTE MS. KAPLAN. I CONCUR. MS. CRUZ. I CONCUR. MR. SPIELMAN. I CONCUR. MS. INGLES I CONCUR. MR. MANCHACA. I CONCUR. MR. ZUNIGA. I CONCUR. MR. MANO. I CONCUR WITH THE FINDINGS OF FACT. MR. VASQUEZ. I CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. UNA. I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. THANK YOU. THANK YOU. I APPRECIATE IT. RIGHT. NEXT ITEM ITEM SIX, BO O A DASH TWO THREE DASH 1 0 3 0 0 0 6 4. ADDRESS IS 1 1 1 4 SOUTH MESQUITE STREET IN CITY COUNCIL. DISTRICT NUMBER TWO. UM, APPLICANT BEING JUAN MONTEGO. A REQUEST FOR ONE, A FOUR FOOT 11 INCH VARIANCE FROM THE FIVE FOOT MINIMUM SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT WITH OVERHANG TO BE ONE INCH FROM THE SIDE PROPERTY LINE. TWO, A TWO FOOT FIVE INCH VARIANCE FROM THE FIVE FOOT MINIMUM SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE WITH A ONE FOOT EIGHT INCH OVERHANG TO BE TWO FOOT SEVEN INCHES FROM THE SIDE PROPERTY LINE. UH, TWO OH, I'M SORRY. THREE. A TWO FOOT VARIANCE FROM THE FIVE FOOT MINIMUM REAR SETBACK REQUIREMENT TO ALLOW AN ACCESSORY STRUCTURE WITH A ONE FOOT FIVE INCH OVERHANG TO BE THREE FEET FROM THE REAR PROPERTY. LINE FOUR. A VARIANCE FROM THE PERMITTED FENCE MATERIALS TO ALLOW A CORRUGATED METAL FENCE ALONG THE SIDE. PROPERTY LINE. FIVE. A SIX FOOT VARIANCE FROM THE MAXIMUM SIX FOOT FENCE HEIGHT REQUIREMENT TO ALLOW A 12 FOOT SOLID SCREEN FENCE IN THE REAR YARD. SIX. A TWO FOOT NINE INCH VARIANCE FROM THE MAXIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A PREDOMINANTLY OPEN FENCE TO BE 12 FOOT THREE INCHES FROM THE FRONT DRIVEWAY CURB. AND SEVEN, A VARIANCE FROM THE MAXIMUM 50% IMPERVIOUS COVER REQUIREMENT TO ALLOW THE FRONT YARD TO EXCEED 50% IMPERVIOUS COVERAGE. THE CURRENT ZONING IS RM FOUR. THE SUBJECT PROPERTIES LOCATED ALONG SOUTH MISS SKI STREET NEAR DELAWARE STREET ON THE INNER EAST SIDE OF SAN ANTONIO. THE APPLICANT WAS IN THE PROCESS OF CONSTRUCTING A DETACHED CARPORT WHEN CITED BY CODE ENFORCEMENT FOR BUILDING WITHOUT A PERMIT IN ITS CURRENT LOCATION. THE CARPORT MEASURED TO BE ONE INCH FROM THE SIDE PROPERTY LINE WITH OVERHANG INCLUDED. CARPORTS ARE REQUIRED TO MAINTAIN A MINIMUM OF FIVE FEET AND MUST OBTAIN A VARIANCE OF CONSTRUCTED CLOSER. UM, UPON SITE VISITS, STAFF OBSERVED OTHER VARIANCES THAT NEEDED TO BE ADDRESSED, THOSE OF WHICH INCLUDE TWO ACCESSORY STRUCTURES IMPOSING INTO THE SIDE AND REAR SETBACKS, MEASURING ONE FOOT EIGHT INCHES FROM THE SIDE PROPERTY LINE AND THREE FEET FROM THE REAR PROPERTY LINE. THE MINIMUM DISTANCE REQUIRED IS FIVE FEET. UM, ADDITIONALLY, A STAFF OBSERVED A 12 FOOT SOLID SCREEN FENCE CONSTRUCTED OF A PROHIBITED FENCE MATERIAL CORRUGATED METAL SITUATED IN THE REAR YARD. REAR YARD FENCES ARE ALLOWED A MAXIMUM HEIGHT OF SIX FEET AND MUST BE CONSTRUCTED FROM THE ALLOWABLE FENCE MATERIALS. FURTHERMORE, STAFF OBSERVED A FRONT YARD, PREDOMINANTLY OPEN FENCE IMPEDING INTO THE CLEAR VISION AREA. STAFF MEASURED AN AREA OF, UM, 12 FOOT THREE INCHES FROM THE FRONT DRIVEWAY CURB. AND THE MINIMUM CLEAR VISION DISTANCE REQUIREMENT IS 15 FEET. UM, ADDITIONALLY, THE APPLICANT WILL NEED TO OBTAIN A VARIANCE TO EXCEED [03:05:01] THE 50% IMPERVIOUS COVER IN THE FRONT YARD. AND THIS IS THE SITE PLAN AND THE SUBJECT PROPERTY. AND THIS IS AN ALTERNATE VIEW. AND THE CAR, UM, CARPORT SIDE STEP BACK OF ONE INCH. AND THEN THIS IS THE 12 FOOT REAR YARD FENCE WITH THE CORRUGATED METAL FENCE MATERIAL. AND THEN THIS IS THE ACCESSORY STRUCTURE, TWO FOOT SEVEN INCHES FROM THIS SIDE PROPERTY LINE. AND THEN THIS IS THE ACCESSORY STRUCTURE, THREE FEET FROM THE REAR PROPERTY LINE. AND THEN THIS IS THE IMPERVIOUS COVERAGE IN THE FRONT YARD AND THE CLEAR VISION MEASUREMENT AS WELL FOR STAFF RECOMMENDATION FOR THE CAR SIDE SET. UH, THE CARPORT SIDE SETBACK, CORRUGATED METAL FENCE, UH, FENCE HIGH AND IMPERVIOUS COVER VARIANCES. STAFF RECOMMENDS DENIAL IN BO O A DASH 23 DASH 0 3 0 0 0 6 4 BASED ON THE FOLLOWING. UH, ONE. THERE ARE NO SPECIAL CONDITIONS FOUND ON THE SUBJECT PROPERTY TO WARRANT THE APPLICANT, THE APPLICANT TO DEVIATE FROM THE CURRENT U D C STANDARDS AND TWO, THE REQUESTED VARIANCES ALLOW FOR INCONSISTENT AND UNSAFE DEVELOPMENT PATTERNS. STAFF RECOMMENDATION FOR THE ACCESSORY STRUCTURE SIDE AND REAR SETBACK AND CLEAR VISION VARIANCES. STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING FINDINGS. UH, ONE, THE, UM, ALTERING THE FENCE TO MEET THE 15 FOOT CLEAR VISION REQUIREMENT WILL RESULT IN, IN A, A UNNECESSARY HARDSHIP AS THE FRONT YARD SPACE WOULD BE REDUCED DRASTICALLY. AND TWO, THE SIDE AND REAR SETBACK DISTANCES ARE SUITABLE FOR ROUTINE MAINTENANCE WITHOUT TRESPASSING ONTO NEIGHBORING PROPERTIES. AND THIS IS THE NOTIFICATION PLAN. STAFF MAILED OUT 37 NOTICES, UH, ONE IN FAVOR, ZERO IN OPPOSITION. AND WE RECEIVED NO RESPONSE FROM THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION. UM, THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. AND SO JUST TO BE CLEAR, STAFF IS APPROVING ITEMS, UH, RECOMMENDING APPROVAL FOR ITEMS TWO, THREE, AND SIX. UM, LEMME SEE. YES, SIR. ALL GREAT. UH, DO WE HAVE ANY, UH, THE APPLICANT PRESENT? QUESTION OF STAFF? YES. COMMISSIONER MENCHACA, UH, WHEN YOU WENT OUT THERE AND CITED THAT FOR NOT BUILDING WITHOUT A PERMIT, WAS THAT BRICK LAID DOWN? THE IMPERVIOUS COVER ALREADY BEEN THERE. IT'S BEEN THERE LIKE FIVE YEARS. UM, IT WAS THERE UPON SITE VISITS. UM, I CAN CHECK IF MAYBE THEY RECEIVED A, A PERMIT TO BUILD THOSE FOR YOU. UM, BUT IT WAS THERE DURING SITE VISITS. THANK YOU. GOOD AFTERNOON. HELLO. PLEASE STATE YOUR NAME AND JUAN MONTELONGO. YES, SIR. PLEASE TELL US ABOUT YOUR CASE. WELL, WHERE DO WE START? UH, WITH THE CARDBOARD, WHICHEVER YOU LIKE. WELL, OKAY. SO I'M GONNA START ON THE REAR OF THE PROPERTY. UH, WE BOUGHT THIS HOUSE IN 2007. UM, THE HOUSE, AS YOU CAN SEE ON THAT PICTURE, THERE'S THE HOUSE ON THE, ON THE RIGHT, WHICH IS TO THE SIDE OF THE PROPERTY. AND SO THAT'S ONE HOUSE. THERE'S ANOTHER HOUSE BEHIND THAT. THEN THERE'S ONE MORE BEHIND THE ACTUAL, UH, ON THE EAST SIDE THERE. SO ALL THOSE HOUSES WERE VACANT AT THE TIME WHEN WE ARRIVED THERE, MY WIFE AND I, UM, THERE WAS A, UH, I BELIEVE IT'S A, IT WAS A FIVE FOOT, UH, FENCE MADE OF, UM, WIRE, JUST LIKE THAT CHICKEN WIRE. AND PEOPLE WERE LIVING THERE UNAUTHORIZED. UH, AND THEY HAD LARGE DOGS. THOSE DOGS USED TO COME TO OUR FENCE. UM, I REPLACED, I, I ACTUALLY, UH, INSTALLED TWICE, UH, A PRIVACY FENCE MADE OUT OF, UH, WOOD, THE PICKETS, THE WOOD PICKETS. UM, THOSE DOGS OR THOSE PEOPLE THAT USED TO LIVE THERE WOULD REST THEIR MATTRESSES, THEIR SOFAS, THEIR OLD TVS ON MY FENCE, WHICH, WHICH CAUSED TO THE FENCE BEING BROKEN. SO I, LIKE I SAID, I REPLACED THAT FENCE TWICE. THEN I GOT FED UP AND I GOT TIRED. THAT'S WHEN I, IN, IN 2013, UM, NO, 2012, THAT'S WHEN I, UH, INSTALLED THAT CORRUGATED FENCE MATERIAL. THAT'S WHY THAT FENCE IS THERE BECAUSE OF THE DOGS THAT WOULD COME OVER TO MY HOUSE. AND THEN THE STENCH, THE SMELL, IT WAS BAD. UH, THE APPEARANCE WAS REALLY BAD. I LIKE TO HAVE BARBECUES BACK THERE. UH, UH, THERE'S A REALLY NICE PICTURE, I THINK, OF THE PATIO. UM, THAT'S THE REASON WHY I DID THAT. UM, JUST RECENTLY, MAYBE TWO MONTHS AGO, I STARTED ON THE CARPORT. NOW I DIDN'T HAVE A PERMIT BECAUSE I WASN'T AWARE THAT YOU NEEDED A, UM, DETACHED CARPORT LIKE THAT MADE OUT OF, UH, METAL. AND THEN, SIR, UM, IN THE FRONT ON THE PATIO, UH, WE BUILT THAT IN 2008. [03:10:02] I BELIEVE THAT WE DID THAT, THAT THAT PATIO WITH PAVERS? YES, SIR. OKAY. UM, I, I HAVE A COUPLE QUESTIONS. SURE. SO ON THE, ON AN AERIAL PHOTO MM-HMM. , HOW MANY DIFFERENT, UH, HOMES ARE AROUND HERE? 'CAUSE IT LOOKS LIKE YOU'VE GOT FOUR DIFFERENT FREESTANDING STRUCTURES, IS THAT CORRECT? RIGHT. YES. SO THERE'S, UH, THERE'S A LARGE, UH, PATIO COVER AND THEN THERE AND, WELL, THERE'S A, UH, GARAGE. BUT AS FAR AS DWELLING UNITS, YOU, YOU HAVE YOUR, THE MAIN HOME, THEN YOU HAVE AN ACCESSORY STRUCTURE THAT COULD BE USED FOR DWELLING. CAN STAFF BRING UP A GOOGLE VIEW OVERHEAD? YEAH. AND, AND, UH, PLEASE GET THE APPLICANT THE, UH, LASER POINTER SO HE CAN, HERE WE GO. YEAH. SO, SO TELL US WHAT ALL THESE DIFFERENT ROOF LINES ARE PLEASE. OKAY. UH, LEMME SEE IF I CAN WORK THIS. IT'S THAT BUTTON ON THE TOP. OKAY. THANK YOU. OKAY, SO THIS IS THE MAIN HOUSE RIGHT HERE. WAIT, UM, OKAY. OKAY. THAT'S THE MAIN HOUSE. WHAT'S, WHAT'S THE STRUCTURE JUST TO THE RIGHT OF THAT? IT LOOKS LIKE IT'S A DE IT'S DETACHED. IS THAT A PATIO COVER? OH, YES, SIR. OKAY. OKAY. SO YES, THAT'S THE PATIO COVER THERE. AND THEN THIS IS A, UH, JUST ANOTHER PATIO, UH, THAT'S NOT COVERED. OKAY. UH, AND THEN, OH, YES. SO THIS IS A DRIVEWAY HERE. UHHUH . UH, AND THEN, UH, THIS IS NOW WHERE THE, THIS IS NOW WHERE THE, UH, CARPORT IS AT. MM-HMM. . UH, AND THIS IS JUST THE SHED. AND THAT'S YOUR SHED? YES, SIR. THAT'S NOT ON THE NEIGHBORING PROPERTY. UH, NO, YOU'RE RIGHT. NO, THIS IS THE SHED. OKAY. AND THIS IS THE GARAGE. OKAY. OKAY. AND NEITHER OF THOSE, NEITHER THE SHED OR THE GARAGE ARE, ARE, ARE THEY AIR CONDITIONED OR HAVE A RESTROOM OR ANYTHING? YES, SIR. UH, THIS GARAGE, WE JUST CONVERTED THAT WASACTUALLY, NOT JUST, UH, 10 YEARS AGO WE CONVERTED THE GARAGE INTO A LIVING AREA. MY SON, UH, WHEN HE'S HERE FROM SCHOOL MM-HMM. HE STAYS THERE. BUT THAT WAS 10 YEARS AGO. YES, SIR. THAT WAS 10 YEARS AGO. SO IS IS, WHAT'S THE SIZE OF YOUR PROPERTY? WAS IT YOU, YOU HAVE ANY IDEA HOW THE ACREAGE? I, I DON'T NOT I DO NOT. NO. THE REASON WHY I ASK IS I THOUGHT I, IS THAT ONE OF, THAT'S ONE OF THE NEW PROVISIONS, RIGHT? IF YOU'RE RMM FOUR UNDER A THIRD OF AN ACRE, YOU HAVE, IF YOU HAVE TWO UNITS, THEY HAVE TO BE UNDER ONE ROOF. IF IT'S UNDER A THIRD OF AN ACRE. YES, SIR. BUT THAT, THAT, THAT WOULDN'T AFFECT JANUARY ONE, OR IS THAT IT? IT IS. OKAY. SO THAT'S NOT AN ISSUE THERE. THAT'S A NON-CONFORMING MM-HMM. . OKAY. UH, UH, PLEASE CONTINUE, SIR. OKAY. SO, UH, SO THIS IS THE PATIO, UH, WITH THE PAVERS THERE. SO MY WIFE AND MY DAUGHTER PARK THERE. MY SON AND MYSELF. WE PARK HERE IN THE, THE DRIVEWAY, YOU KNOW, SINCE EASIER FOR THEM. UM, THAT'S, THAT'S PRETTY MUCH IT. ALRIGHT. SO, UH, IS THERE ANY PUBLIC COMMENTARY, ANY VOICEMAILS, ANYTHING? NO PUBLIC COMMENT. ALL RIGHT. SO LET'S OPEN THIS UP. AND COMMISSIONER, COMMISSIONER MANNA, THEN KAPLAN. SO, UH, QUESTION I HAVE FOR YOU IS, YOU TALKED ABOUT, UM, THE, UM, CORRUGATED METAL FENCE. COULD YOU SHOW ON THE, ON THE DIAGRAM WHERE THE, WHERE THE FENCE IS? SURE. AND THEN I THINK THERE'S MAYBE THE HEIGHTS AS YOU KIND OF TALK ABOUT 'EM. MM-HMM. . SO THAT FENCE IS RIGHT HERE. RIGHT THERE. AND THAT'S THE ONLY PLACE WITH THE FENCE, WITH THE TALL FENCE? NO. UM, LET'S SEE. UH, NO, THERE'S A SECTION HERE, MAYBE 10 FEET THAT GOES HERE TO THE, TO THE REAR. SO YOU HAVE 10 FOOT ALONG THE BACK OF THE PROPERTY AND THE SIDE, OR IS IT 10 FOOT? IS IT 10 FOOT ALONG BOTH THE SIDE AND THE BACK? NO, THERE'S 10 FEET HERE. AND THEN RIGHT HERE, MAYBE 15, UH, AROUND 15, 18 FEET IN HEIGHT. OH, IN HEIGHT. NO, IT'S, NO, NO, NO. UH, THEY MEASURE, THEY MEASURE IT. AND I THINK IT'S 12, RIGHT? 12, YEAH. MM-HMM. . SO 12 FEET HIGH ON, ON BOTH THE BACK AND THE SIDE THERE, RIGHT? YES SIR. OKAY. KAPLAN? YEAH. COUPLE OF QUESTIONS. MM-HMM. , UH, THE ROOF LINE LOOKS FAIRLY NEW, UM, ON THEIR PATIO STRUCTURE AND EVERYTHING. DID YOU BUILD THESE OR WERE THESE STRUCTURES EXISTING? NO, WE BUILT THEM. YES, MA'AM. YOU BUILT ALL OF THESE THREE STRUCTURES BACK IN 2008. OKAY. AND THE NEIGHBOR WITH THE DOGS IS GONE? NO, THEY'RE STILL THERE. I WISH THEY LEAVE. OKAY. MANNA MINKA. IN FACT, LET ME, LET ME POINT OUT SOMETHING THAT YOU MENTIONED ABOUT THE DOGS. OUR YORKIE WAS KILLED A YEAR AGO BY ONE OF THOSE DOGS. OKAY. COMMISSIONER MANCHACA. THANK YOU. UH, KAPLAN ANSWERED THE QUESTION FOR ME IN TERMS OF THAT PATIO WHEN IT WAS DONE. I THOUGHT IT WAS AN A D D U TWO ADUS IN ONE, BUT THANKS, SHE CLARIFIED THAT. OKAY. THANK YOU MANANA. COMMISSIONER MANNA. SO, UM, WITH REGARDS TO THE PAVERS IN THE FRONT YES, SIR. IS THAT SITTING ON SAND OR IS [03:15:01] IT CONQUERING IT'S SAND. SO IT IS SAND. SO IT'S, SO, YES. SO IS PERVIOUS COVERAGE THEN? YOU KNOW, SO I THOUGHT THAT, UM, THIS IS A QUESTION FOR THE CITY. UM, SO, SO IF I PUT A PAVER ON SAND, UM, AND THAT JUST A PARKING SPACE AND NOT REALLY CONSIDERED IMPERVIOUS COVER. THANK YOU. YEAH. THE, THE, WELL, I, I WILL TELL YOU THAT THE STORMWATER MANUAL HAS BEEN REVISED TO ACCOUNT FOR THINGS LIKE THIS, THE USE OF BASE, THE USE OF GRAVEL, AND THAT IT IS CONSIDERED IMPERVIOUS. MM-HMM. , IT IS CONSIDERED IMPERVIOUS, BUT NOT AS IMPERVIOUS IF IT WAS ASPHALT OR CONCRETE. CAN, CAN I ADD SOMETHING ON THAT? UM, SO WE BUILT THAT BECAUSE EVERY TIME IT RAINS, UNFORTUNATELY I'M THERE. OUR, OUR HOUSE IS IN THE LOWER END OF THE BLOCK. SO WHEN IT RAINS. SO WHEN IT RAINS, IT'S A RIVER HERE, A HUGE RIVER. YOU KNOW, WHEN WE GET A LOT OF RAIN AND IT'S, AND IT'S, YEAH. I ALSO HAD TO REPLACE THE FOUNDATION IN MY HOUSE. IT'S IN PURE BEAM. THAT HOUSE WAS BUILDING 1900 AND I HAD TO REPLACE, I SPEND 20,000 ON THAT FOUNDATION. OKAY. UH, ANY OTHER QUESTIONS? ALRIGHT. SO WHAT WE'RE GONNA DO AT THIS POINT IS WE'RE GONNA, UM, LOOK FOR A MOTION AND WE'LL DELIBERATE AND SEE WHAT HAPPENS. YES, SIR. SO WHO WOULD LIKE TO MAKE A MOTION ON THIS? YOU GONNA READ IT ALL AS ONE MOTION? UH, I WOULD JUST READ IT ALL AS ONE MOTION. O ZUNA COMMISSIONER ZUNA. OKAY. UM, REGARDING CASE NUMBER BOA DASH 23 DASH 0 3 0 0 64, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT TO REQUEST, UM, A, A REQUEST FOR ONE, A FOUR FOOT 11 VARIANCE FROM THE FIVE FOOT MINIMUM SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT WITH OVERHANG TO BE ONE INCH FROM THE SIDE PROPERTY LINE. TWO, A TWO FOOT FIVE INCH VARIANCE FROM THE FIVE FOOT MINIMUM SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE ONE FEET, ONE FOOT EIGHT INCH OVERHANG TO BE TWO FEET SEVEN INCH FROM SIDE PROPERTY. LINE THREE A SEVEN INCH VARIANCE FROM THE 10 FOOT MINIMUM REAR SETBACK REQUIREMENT TO ALLOW AN ACCESSORY STRUCTURE WITH ONE FOOT FIVE INCH OVERHANG TO BE THREE FEET FROM THE, FROM THE REAR PROPERTY. LINE FOUR, A VARIANCE FROM THE PERMITTED FENCE MATERIAL TO ALLOW A CORRUGATED METAL FENCE ALONG THE SIDE. PROPERTY LINE. FIVE, A SIX FOOT VARIANCE FROM THE MAXIMUM SIX FOOT FENCE HEIGHT THROUGH REQUIREMENT TO ALLOW A 12 FOOT SOLID SCREEN FENCE IN THE REAR YARD. SIX A TWO FOOT NINE VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A PREDOMINANTLY OPEN FENCE TO BE 12 FEET, THREE INCHES FOR THE FRONT DRIVEWAY CURB. AND SEVEN, A VARIANCE FROM THE MAXIMUM 50% IMPERVIOUS COVER REQUIREMENT TO ALLOW THE FRONT YARD TO EXCEED THE 50% IMPERVIOUS COVER SITUATED AT 1 1 1 4 SOUTH MESQUITE. APPLICANT BEING JUAN MONTELONGO. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS THAT U D C HAS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRACTED TO THE PUBLIC INTEREST. PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH SAFETY. AND WHERE FOR THE PUBLIC, IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY ENFORCED SETBACKS TO PROVIDE SPACE BETWEEN PROPERTIES. FENCING MATERIALS TO ALLOW FOR SAFE ENVIRONMENT FENCE HEIGHTS FOR UNIFORMITY AND IMPERVIOUS COVER REQUIREMENTS TO ALLOW WATER PENETRATION TO THE SOIL. STAFF FINDS A REQUEST REQUESTS ARE NOT CONTRARY TO PUBLIC INTEREST. AND STAFF FINDS THAT ONE, THERE IS A SUITABLE AMOUNT OF DISTANCE BETWEEN THE CARPORT AND ACCESSORY STRUCTURE FROM THE SIDE REAR PROPERTY LINES. AND TWO, THAT THE 12 FOOT COR GUARD METAL FENCE IS LOCATED ON ONLY A SMALL PORTION OF THE PROPERTY LINE, WHICH IS LOCATED IN THE REAR YARD AWAY FROM THE PUBLIC RIGHT OF WAY. AND THREE, THERE IS SUITABLE AMOUNT OF PERVIOUS COVER IN THE FRONT YARD. INADEQUATE DISTANCE BETWEEN THE FRONT YARD FENCE AND CURB. 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 AN APPLICANT ALTERING THE CARPORT AND ACCESSORY STRUCTURE TO BE FIVE FEET AND 10 FEET FROM THE SIDE AND REAR PROPERTY LINES, RECONSTRUCTING THE 12 FOOT CORRUGATED METAL FENCE ALONG THE SIDE PROPERTY LINE TO SIX FEET, UH, WITH ALLOWABLE FENCE MATERIAL, ALTER THE FRONT YARD FENCE TO MEET THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT AND REMOVE IMPERVIOUS SURFACE REQUIRED TO ABIDE BY THE 50% REQUIREMENT. THIS WOULD RESULT IN AN UNNECESSARY HARDSHIP AS THE ITEMS ARE ALREADY CONSTRUCTED. THREE, BY GRANTING THE VARIANCE OF THE SPIRIT, THE ORDINANCE WILL USE SERVE. THE 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 CARPORT AND ACCESSORY STRUCTURES IN THE CURRENT POSITIONS. ADDITIONAL FENCE HEIGHT, CORRUGATED FENCE MATERIAL, AND CLEAR VISION DISTANCES AND OUS COVER, OBSERVE THE SPIRIT OF THE ORDINANCE FOR THE VARIANCE WOULD ALTER THE APPRO OPERATION OF USE. OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THE VARI IS LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. UM, I'M MISSING PAGE FIVE HERE. HOLD ON. OKAY. FIVE. SUCH VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT COINING PROPERTY ARE ALL TO THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE VARIANCE WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPOSED CARPORT AND ACCESSORY STRUCTURE SIDE REAR REAR SETBACKS AND 12 FOOT CORRUGATED METAL FENCES ARE LOCATED WITHIN THE REAR YARD. UH, NOT AFFECTING SURROUNDING PROPERTY OWNERS. ADDITIONALLY, OTHER SIMILAR CLEAR VISION DISTANCES [03:20:01] AND IMPERVIOUS COVERAGES WERE SEEN IN THE IMMEDIATE AREA. OUR REQUESTS DO NOT SEEM OUTTA CHARACTER WITH THE SURROUNDING AREA AND ASSIGNED BASED ZONING. DISTRICT SIX APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SOUGHT AS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL, NOT DUE TO THE RESULT OF GENERAL CONDITIONS OF DISTRICT WHICH THE PROPERTY IS LOCATED. STAFF FINDS IS APPLIED TO THE OWNER OF THE PROPERTY FOR WHICH VARIANCE OF SIZE IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE PROPERTY BEING NARROW IN SIZE. THE REQUESTS ARE NOT MERELY FINANCIAL IN A MOTION. SECOND. SECOND. I'M GONNA SECOND THIS ONE 'CAUSE WE'RE GONNA DO SOME NEGOTIATIONS ON THIS. OKAY. SO, UM, I'M GONNA REQUEST A FRIENDLY AMENDMENT 'CAUSE I CAN, I'M, I'M SENSING THIS RIGHT NOW. UH, TO REMOVE ITEM NUMBER ONE AND ITEM NUMBER, UM, UH, LET'S 5 5 5 5 FROM THE, UH, FROM THE MOTION. AND SO IS THAT ACCEPTED? SO ACCEPTED. AND THAT ONE WOULD BE THE, THE, UH, SIDE SETBACK REQUIREMENT. AND THE OTHER ONE WOULD BE THE 12 FOOT SOLID SCREEN FENCE IN THE REAR YARD. YEAH, I WAS, I WAS KEEPING ITEM NUMBER SEVEN BECAUSE THE, THE BRICKS IN THE, IN THE FRONT DON'T, THEY DON'T BOTHER ME. UH, SO I'M, I, SO I ASKED FOR, FOR ITEM ONE AND ITEM FIVE TO REMOVE. NOW THE ITEM FOUR WAS ONE THAT STAFF WAS ALSO NOT RECOMMENDING APPROVAL. DOES ANY COMMISSIONERS HAVE ANY ISSUE WITH THAT ONE? MANNA? SO COMMISSIONER MANNA. SO THE, UH, PROBLEM I HAVE WITH IT, UM, IS THAT, UM, SO, SO PART OF FENCING IS THAT WE DON'T WANT DANGER. UM, AND SO, SO RIGHT NOW WHAT I SEE IS THAT THE FENCE IS NOT CAPPED. AND, AND SO, SO, UM, I GUESS IF IT WAS AMENDED SO THAT IT WAS SAID CAPPED EVEN, BUT IT'S, REMEMBER IT'S 12 FEET TALL, SO I'M SORRY, IT'S 12 FEET TALL. SO IF THE 12 FOOT DOESN'T PASS, YOU'D HAVE TO RECONSTRUCT IT ANYWAY. NO, BUT EVEN FOR HAVING IT, PERIOD. OKAY. SO THERE IS SO, SO PERIOD, UM, TO HAVE A CORRUGATED FENCE. SO WE, WE TOOK OUT THE 12 FOOT TALL VERSION OF IT. RIGHT. BUT TO ALLOW FOR CORRUGATED IT WOULD HAVE TO BE CAPPED BOTH BOTTOM AND, UH, LOWER, UPPER AND LOWER. OKAY. UH, BUT WE CAN'T PUT A CONDITION ON THAT. CORRECT. HE WOULD HAVE TO AMEND THIS APPLICATION TO INCLUDE A CAP. OKAY. WOULD YOU AMEND, UH, I'M GONNA CLOSE, UH, REOPEN THE PUBLIC HEARING REAL QUICK. UH, WOULD YOU BE OPEN TO AMENDING YOUR APPLICATION, UH, TO PROVIDING A CAP AROUND THE CORRUGATED METAL? A CAP MEANING ON, ON TOP? YEAH. SO THE ISSUE, THERE'S A SAFETY ISSUE. OH, OKAY. IF ANYBODY WOULD TRY TO CLIMB OVER THE CORRUGATED OH, MM-HMM. OR UNDERNEATH THE CORRUGATED, THAT EXPOSED EDGE WOULD BE VERY SHARP. OH, OKAY. AND IT'S ALMOST LIKE RAZOR WIRE. SURE. SO THE CITY DOES NOT ALLOW RAZOR WIRE. SURE. THEY VIEW CORRUGATED FENCING AS THE SAME KIND OF RISK. AND SO JUST A, A WOOD CAP ON THE TOP OF BOTTOM. OF COURSE. SO ON YOUR OWN, ON YOUR OWN ACCORD, YOU, YOU CAN AMEND YOUR APPLICATION AT THIS TIME IF YOU WANT TO, UH, FOR US TO CONSIDER, UH, DURING OUR DELIBERATION. DEFINITELY. OKAY. SO YOU, SO THE APPLICANT AMENDS THE APPLICATION TO INCLUDE A CAP ON THE, ON CORRUGATED METAL. SO NOW I'M CLOSING THE PUBLIC HEARING, OPENING UP THE, UM, BACK TO THE DELIBERATION. SO WE HAVE THE MOTION AS READ, TAKING OUT ITEMS ONE AND FOUR, UM, AND I'M SORRY, TAKING OUT ITEMS ONE AND FIVE. UH, ONLY, WELL THE FOUR IS THE VARIANCE FOR THE, FOR THE CORRUGATED METAL MATERIAL. AND SEVEN IS FOR THE BRICKS. MM-HMM. . SO THE CHUNK OF, SO DOES THAT, UH, YES. COMMISSIONER MINKA, WHAT DO YOU THINK ABOUT MY FRIENDLY AMENDMENT? I'M GONNA BE, I'M GONNA BE UNFRIENDLY. OKAY. UM, WHAT, WHAT, WHAT IS, WHAT ARE YOUR THOUGHTS? THE, THE REAR IS THE REAR 12 FOOT FENCE. UH, IT'S WAY OUTTA CONTEXT. AND, UH, EIGHT FOOT FENCE FIVE WAS STRUCK. I STRUCK FIVE. YEAH. THANK YOU. OKAY. THANK YOU. MY MISUNDERSTANDING. NO PROBLEM. SO WE HAVE A, WE HAVE A, UH, I HAVE A, I'M OFFERING A FRIENDLY AMENDMENT TO THE MAKER OF THE MOTION TO, UH, AMEND BY REMOVING ITEMS ONE IN FIVE, UH, FROM THE MOTION. IS THAT ACCEPTED? SO ACCEPTED. OKAY. SO NOW WE HAVE A, UH, AN AN AMENDED MOTION, UH, THAT ONLY INCLUDES ITEMS, UH, UH, 2, 3, 4, AND SEVEN WITH 4, 2, 3, 4, 6, AND SEVEN. I'M SORRY, WITH FOUR, UH, AS AMENDED TO INCLUDE A CAP BY THE APPLICANT. SO IF THERE'S NO FURTHER DISCUSSION, LET'S HAVE A ROLL CALL VOTE. MR. OZUNA. I CONCUR. MR. SPIELMAN. I CONCUR. MS. INGLES, I CONCUR. MR. MENCHACA. I CONCUR. MS. CRUZ, I CONCUR. MR. ZUNIGA. I CONCUR. MR. MANNA, I CONCUR WITH THE FINDINGS OF FACT, MS. KAPLAN. I DO NOT. MR. VASQUEZ, I CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. UH, 10 TO ONE. ALL RIGHT. SO SIR, THE, WE MADE SOME LITTLE TWEAKS THERE. IF YOU CAN GET WITH STAFF, THEY'LL EXPLAIN THAT. OKAY. IF YOU HAVE [03:25:01] ANY QUESTIONS, THANK YOU ALL. ITEM SEVEN BO O A DASH TWO THREE DASH 0 3 0 0 0 6 5. ADDRESS IS 3 7 2 7 COMMERCIAL AVENUE IN CITY COUNCIL. DISTRICT NUMBER THREE, APPLICANT BEING ONE-STOP CODE A VARIANCE FROM THE FRONTAGE REQUIREMENTS TO ALLOW THE FRONTAGE OF THREE SINGLE FAMILY RESIDENTIAL LOTS ON A COLLECTOR STREET. AND THE CURRENT ZONING IS R FOUR. THE SUBJECT PROPERTIES LOCATED ALONG COMMERCIAL AVENUE NEAR WEST AINSLEY BOULEVARD. PENDING THE OUTCOME OF THE BOARD OF ADJUSTMENT, THE APPLICANT IS ANTICIPATING SUBDIVIDING THE 20,625 FOOT SQUARE FOOT LAW INTO THREE 6,875 SQUARE FOOT RESIDENTIAL LOT FOR THE CONSTRUCTION OF THREE SINGLE FAMILY DWELLINGS. DURING THIS PROCESS, THE APPLICANT WAS INFORMED THAT THEY WOULD NEED TO OBTAIN A VARIANCE FROM THE FRONTAGE REQUIREMENTS TO ALLOW THE FRONTAGE OF SINGLE FAMILY RESIDENCES ON A COLLECTOR STREET. THE PROPERTY IS CURRENTLY VACANT AND FRONT COMMERCIAL AVENUE 196 FEET FROM THE NEAREST INTERSECTION AT ANZE BOULEVARD. IT IS NOTED THAT THE APPLICANT WILL PROVIDE A PERMANENT VEHICULAR TURNAROUND TO PREVENT BACKING OUT ONTO COMMERCIAL AVENUE. UPON SITE VISIT, STAFF OBSERVED OTHER SINGLE FAMILY DWELLINGS FRONTING OFF COMMERCIAL AVENUE PER BCAT. THESE IMMEDIATE PROPERTIES WERE CONTRACT WERE CONSTRUCTED PRIOR TO THE CURRENT U D C BUILDING REGULATIONS. AND THIS IS THE SITE PLAN AND THE SUBJECT PROPERTY AND THE SURROUNDING AREAS. STAFF RECOMMENDS APPROVAL IN BO O A DASH TWO THREE DASH 0 3 0 0 6 5 BASED ON THE FOLLOWING. ONE OTHER RESIDENTIAL USES WERE FOUND TO HAVE ACCESS OFF COMMERCIAL AVENUE IN THE IMMEDIATE AREA. AND TWO, THE APPLICANT IS PROVIDING A PERMANENT VE VEHICLE TURNAROUND ON EACH OF THE LOTS AS THEY PROVIDE FOR A SAFE ALTERNATIVE FOR EGRESS. AND THIS IS THE NOTIFICATION PLAN. STAFF NOTED 14 NOTICES, ZERO IN FAVOR, ZERO IN OPPOSITION. AND HARLANDALE MCCOLLUM IS IN FAVOR OF THE REQUEST. UH, THEY SENT THAT IN THIS MORNING. I CAN SHOW THE EMAIL IF Y'ALL LIKE TO SEE IT. OKAY. UM, THIS CONCLUDES THE PRESENT PRESENTATION AND APPLICANT IS PRESENT. WHAT'S THE SQUARE FOOTAGE OF THIS PIECE OF PROPERTY? IT IS CURRENTLY 20,625 SQUARE FEET. OKAY, SO THAT MEANS THAT DIVIDED BY THREE, THEY'RE WELL OVER THE 4,000 SQUARE FOOT FOR THE R FOUR? YES SIR. AND THEY HAVE NO OTHER MEANS OF FRONTAGE, NO EASEMENTS. THAT CORRECT? YOU'RE AWARE OF? ALRIGHT, THANK YOU VERY MUCH. UH, LET'S HAVE THE APPLICANT COME FORWARD AND THERE'S NO PUBLIC COMMENT. OH, ALRIGHT. THANK YOU. PARDON ME. OH, THERE'S A VOICEMAIL. YEAH, PLEASE PLAY IT. YEAH, I JUST WANNA PLEAD MY CASE. I'M 100% IN OPPOSITION OF HAVING THESE HOUSES BUILT. UH, IT'S CASE NUMBER 0 6 5 AT 37 27 COMMERCIAL AVENUE. MY MAIN CONCERN IS THERE'S ONLY ONE STRANDED BARBED WIRE SEPARATING OR PROPERTIES FROM THOSE THREE HOUSES THAT BACKS UP TO MY BACKYARD. ARE THEY GONNA BUILD A NEW FENCE WITH PRIVACY FENCE OR A CONTINUATION OF THE SIX FOOT CHAIN LINK FENCE THAT, UH, OTHER NEIGHBORS HAVE TO SEPARATE? 'CAUSE I DON'T NEED THREE, UH, THREE PEOPLE FROM THOSE HOMES TRESPASSING INTO MY PROPERTY OVER SEVERAL MONTHS. WE WASH AND LISTEN. THANK YOU. OKAY. HI, MY NAME IS FERANDO DEL ONE STOP CODE CONSULTING. MY ADDRESS IS, UH, 1460 WEST, UH, WESTSIDE, SAN ANTONIO, TEXAS 78 2 0 1. AND YES, WE ARE PROPOSING TO PLA THREE, UH, RESIDENTIAL STRUCTURES. UH, WE'RE CURRENTLY ZONE R FOUR. UH, THE HOUSES WILL BE APPROXIMATELY 2200 SQUARE FEET AND THEY WILL HAVE A GARAGE. YOU KNOW, UM, YES, WE WILL FENCE THE PROPERTIES, UH, IN ALL THREE SIDES AND INCLUDING, UH, MAYBE NOT THE FRONT, BUT WE DO HAVE THE TURNAROUND PROVIDED FOR ANY ACCESS IN AND OUT OF THAT PROPERTY. SO WE DON'T WANT ANY, OUR CONCERN IS ALSO THE SAME. WE DON'T WANT ANY CARS BACKING INTO THE, UH, UH, UH, INTO COMMERCIAL, UH, AS YOU SAW FROM STAFF. YES, WE DO HAVE FROM, FOR OSA, WHICH IS NORTH OF THIS PROPERTY ALL THE WAY PROBABLY TO FOUR 10, MOST OF THE MAJORITY ARE RESIDENTIAL HOMES. THERE, UH, FROM FORMOSA ALL THE WAY TO MILITARY IS MORE COMMERCIAL. SO WE ARE PLANNING TO KEEP IT ASSIST. WELL, ALRIGHT. UH, SO I I I I THINK THIS IS ALL PRETTY CUT AND DRY. I THINK WE ALL PRETTY UNDERSTAND WHAT'S HAPPENING. UH, BUT I DO HAVE ONE QUESTION. UH, THE, THE ON COMMERCIAL, IF YOU GO DOWN A COUPLE PIECES OF PROPERTY TO WHERE 37 39 IS, THERE'S A SUBSTANTIAL RIGHT OF WAY DEDICATION [03:30:01] THAT SHOWS HOW, YOU KNOW, HOW WHAT THE RIGHT OF WAY OF COMMERCIALS INTENDED TO BE WHEN YOU DEDICATE THAT RIGHT OF WAY WHEN YOU REPLANT. YES. ARE IS, IS YOUR SITE PLAN ALREADY ACCOUNTING FOR THAT DEDICATION? LIKE YOU'RE SHOWING 137 FOOT DEEP, RIGHT? ARE YOU ALREADY ACCOUNTING FOR THAT? WE HAVE A FIVE FOOT DEDICATION. THAT'S IT. THAT'S IT, . OKAY. SO OUR LOT WILL BE ABOUT 50 FOOT WIDE EACH LOT BY 132. OKAY. IT JUST, IT SURE LOOKS LIKE THE, THE, THE PROPERTY TO THE SOUTH OF YOU HAS A LOT MORE THAN A FIVE FOOT DEDICATION LOOKED LIKE, MORE LIKE 15 FEET. MAYBE THEY'RE DOING A TURN LANE OR SOMETHING. NO, NO, NO. WHEN YOU, WHEN YOU, SO WHAT HAPPENS IS WHEN YOU LAND STEPH, STEPH SAYS, THIS IS WHAT OUR, THIS IS WHAT OUR, UM, UH, THOROUGHFARE PLAN IS. AND SO THAT'S THEIR TIME TO ASK FOR YOUR HALF OF THE SHORTAGE OF THE THOROUGHFARE. AND ONE WAY YOU CAN LOOK, IF YOU LOOK DOWN THE BLOCK, YOU'LL SEE STAGNATIONS OF WHERE PEOPLE HAVE BEEN DEDICATING RIGHT OF WAY. IT JUST SEEMS ODD THAT THE INDIVIDUAL COUPLE HOPS DOWN DEDICATED SUCH A VAST AMOUNT OF RIGHT OF WAY. I JUST WANTED TO MAKE SURE IF THIS APPLICANT WAS HAVING TO DO THAT AS WELL. YES. UH, BUT, BUT IF YOU'RE ONLY HAVING TO DO FIVE FEET, UM, THEN THAT'S, THAT, THAT SHOULD BE, AND YOUR SITE PLENARY ACCOUNTS FOR THAT. THAT'S CORRECT. ALL RIGHT. THANK YOU. YES. IS THERE ANY OTHER QUESTIONS? I'LL MAKE A MOTION. UH, YES, PLEASE MAKE A MOTION. COMMISSIONER BRAGMAN REGARDING CASE NUMBER BO O 23 DASH 365, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR A VARIANCE FROM THE FRONTAGE REQUIREMENTS TO ALLOW THE FRONTAGE OF THREE SINGLE FAMILY RESIDENTIAL LOTS ON A COLLECTOR STREET SITUATED AT 37 27 COMMERCIAL AVENUE APPLICANT BEING ONE STOP CODE. BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS, WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST REPRESENTED BY FRONTERS REQUIREMENTS FOR SINGLE FAMILY DWELLINGS TO ALLOW FOR THE SAFETY OF VEHICULAR TRAFFIC AND UNIFORM DEVELOPMENT PATTERNS. IF GRANTED, STAFF FINDS THE REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST AS PER DATED IMAGERY, UH, SINGLE FAMILY DWELLING WAS PREVIOUSLY IN THIS LOCATION WAS NOT CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS OF LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE SPECIAL CONDITION FOUND ON THE SUBJECT PROPERTY INCLUDES NON VEHICULAR ACCESS THROUGHOUT THE LOT, THE SUBJECT PROPERTY IS SURROUNDED BY OTHER PRIVATELY OWNED LOTS WITH ACCESS LIMITED TO COMMERCIAL AVENUE. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE DEVELOPMENT OF THIS LAW WOULD BE PROHIBITED IF THE VARIANCE WAS NOT GRANTED. UH, BY GRANTING THE VARIANCE, THE SPIRITS OF THE ORDINANCE WILL BE OBSERVED IN 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 NEW ONE STORY RESIDENTIAL STRUCTURES HAVE ALL BEEN LOCATED TOWARDS THE REAR OF THE PROPERTY, BUT STILL ALLOWING THE 20 FOOT MINIMUM REAR SETBACK REQUIREMENT. THE STRUCTURES WILL BE LOCATED APPROXIMATELY 48 FEET FROM THE FRONT PROPERTY LINE TO THE PROPOSED GARAGE. ADDITIONALLY, THE APPLICANT IS PROVIDING A PERMANENT VEHICULAR TURNAROUND ON EACH OF THE SUBDIVIDED LOTS PREVENTING THE REVERSING INTO COMMERCIAL AVENUE. THE REQUESTED VARIANCE OBSERVES THE SPIRIT OF THE ORDINANCE. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE APPLICANT IS CONSTRUCTING THREE SINGLE FAMILY DWELLINGS, WHICH ARE ALLOWED BY WRIGHT WITHIN THE CURRENT BASE ZONING DISTRICTS AND MEET THE MINIMUM LOT SIZE REQUIREMENTS. THE GRANTING OF THIS VARIANCE WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. AS OTHER SINGLE FAMILY USES WERE FOUND AT FRONTING ON COMMERCIAL AVENUE, THE REQUESTED VARIANCE DOES NOT SEEM OUTTA CHARACTER WITH THE ASSIGNED BASE ZONING DISTRICT AND THE NEIGHBORHOOD FABRIC. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS 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 ONLY THOROUGH, FAIR ABUTTING. THE SUBJECT PROPERTY IS CLASSIFIED AS A COLLECTOR ROAD. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION. SECOND, SECOND. SECOND BY COMMISSIONER CRUZ. COMMISSIONER, UH, BRAGMAN, ANY COMMENT? UH, I THINK THAT, THAT THE APPLICANT HAS ADDRESSED THE CONCERNS, UH, ADEQUATELY AND I'LL BE IN SUPPORT OF THE MOTION. THANK YOU. COMMISSIONER CRUZ? UM, YES, I AGREE WITH MY COLLEAGUE AND I DON'T SEE A PROBLEM WITH THIS. THIS WILL ADD, UH, A LOT OF GOOD, UH, IDEAS INTO THE NEIGHBORHOOD. THANK YOU. GREAT. ANYONE ELSE HERE? NOW LET'S HAVE A ROLL CALL. VOTE MS. BRAMAN. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. [03:35:01] YES, I CONCUR. MR. SPIELMAN. I CONCUR. MS. LES I CONCUR. MR. MENCHACA. I CONCUR. MR. ZUNIGA. I CONCUR. MR. MANO. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MR. VASQUEZ. I CONCUR. MR. ZNO. YES, I CONCUR. CHAIR ORIAN AND I ALSO CONCUR THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. UM, ITEM NUMBER EIGHT. ITEM NUMBER EIGHT IS BO O A DASH 23 DASH 0 3 0 0 0 6 6. ADDRESS IS 5 0 9 WEST MISSILE TOW AVENUE IN CITY COUNCIL. DISTRICT NUMBER ONE APPLICANT BEING HOME TECH L L C A REQUEST FOR A TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT SIDE YARD FENCE HEIGHT REQUIREMENT TO ALLOW AN EIGHT FOOT FENCE ALONG THE WESTERN PROPERTY LINE. AND, UH, TWO, A TWO FOOT EIGHT INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE TWO FOOT FOUR INCHES FROM THE WESTERN PROPERTY LINE. AND THREE, A TWO FOOT ONE INCH VARIANCE FROM THE MAXIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN ACCESSORY STRUCTURE WITHIN AN 11 INCH OVERHANG TO BE TWO FOOT 11 INCHES FROM THE EASTERN PROPERTY LINE. AND THE CURRENT ZONING IS R SIX. THE SUBJECT PROPERTIES LOCATED ALONG WEST MISTO AVENUE LOCATED NEAR NORTH FLORES STREET. THE APPLICANT IS SEEKING TO CONSTRUCT AN EIGHT FOOT SOLID SCREEN FENCE ALONG THE WESTERN PROPERTY LINE BEHIND THE FRONT FACADE OF THE HOME. UPON SITE VISITS, STAFF OBSERVED THE EXISTING PRINCIPAL AND ACCESSORY STRUCTURES IMPOSING INTO THE SIDE SETBACKS. THE PRINCIPAL STRUCTURE MEASURED TO BE TWO FOOT FOUR INCHES FROM THE WESTERN PROPERTY LINE AND THE ACCESSORY STRUCTURE MEASURED TWO FOOT 11 INCHES FROM THE EASTERN PROPERTY LINE. ANYTIME A NEW CONSTRUCTION NEEDS TO OBTAIN A VARIANCE OR A SPECIAL EXCEPTION ZONING, STAFF WILL ENSURE ALL EXISTING STRUCTURES HAVE THE OPPORTUNITY TO BE BROUGHT TO THE CURRENT U D C BUILDING STANDARDS, WHICH IS A MINIMUM OF FIVE FEET FROM BOTH THE WESTERN AND EASTERN PROPERTY LAND IN THIS CASE, PER BCAT. THE PRINCIPAL STRUCTURE WAS CON WAS CONSTRUCTED IN 1940 AND THE ACCESSORY STRUCTURE IN 1974 BEFORE THE CURRENT U D C STANDARDS. WHILE THE PROPERTY IS LOCATED WITHIN THE ALTA VISA NEIGHBORHOOD CONSERVATION DISTRICT, NO ADDITIONAL VARIANCES ARE REQUIRED FROM THE N C D. UH, STAFF DID OBSERVE ANOTHER EIGHT FOOT FENCE IN THE IMMEDIATE AREA, BUT THAT FENCE WAS OBTAINED WITHOUT PERMITS AND A VARIANCE. SO THIS IS THE SITE PLAN. THE YELLOW IS INDICATING THE EIGHT FOOT FENCE. AND THEN THIS IS THE SUBJECT PROPERTY. AND THEN THIS IS THE LOCATION OF THE EIGHT FOOT FENCE WITH THE EXISTING STRUCTURE TO, UM, TWO FOOT FOUR INCHES FROM THE SIDE PROPERTY LINE. AND, UH, THIS IS JUST AN ALTERNATE VIEW FROM THE BACKYARD OF WHERE THE FENCE IS GONNA BE. AND THEN THIS IS A PHOTO OF THE ACCESSORY STRUCTURE IN THE REAR YARD, UM, IMPOSING INTO THE SIDE SETBACK AND, UH, THE SURROUNDING AREAS. SO FOR THE RECOMMENDATION FOR THE FENCE SITE SPECIAL EXCEPTIONS, STAFF RECOMMENDS DENIAL AND B O A DASH 23 DASH 0 3 0 0 0 6 6 BASED ON THE FOLLOWING, THE PROPOSED EIGHT FOOT FENCE WILL RESULT IN INCONSISTENT DEVELOPMENT PATTERNS AND STAFF RECOMMENDATION FOR THE WESTERN AND EASTERN PROPERTY LINE SIDE SETBACK VARIANCES STAFF RECOMMENDS APPROVAL IN BO O A DASH 23 DASH 1 0 3 0 0 0 66 BASED ON THE FOLLOWING. ONE, THE STRUCTURES WERE BUILT PRIOR TO CURRENT U D C BOATING REGULATIONS RESULTING IN THEM BEING NON-CONFORMING. UH, TWO, THE CURRENT DISTANCES IN PLACE PROVIDE FOR ROUTINE MAINTENANCE WITHOUT TRESPASS ONTO ADJACENT PROPERTIES. AND THREE, LIGHT AND AIR CAN FREELY FLOW THROUGHOUT THE SUBJECT PROPERTY. AND THIS IS THE NOTIFICATION PLAN. STAFF MAILED 14 NOTICES, UM, ZERO IN FAVOR, ZERO IN OPPOSITION. AND WE HAD NO RESPONSE FROM ALTA VISTA NEIGHBORHOOD ASSOCIATION. AND, UM, THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. OKAY. REALLY QUICK, UH, YOU HAD MENTIONED THAT THE, UH, UM, THE, THE, IT'S A TWO FOOT 11 WITH AN 11, I'M SORRY, UH, TWO FOOT, ONE VARIANCE FROM THE FIVE FOOT SIDE TO ALLOW, UH, TO BE TWO 11 WITH AN 11 INCH OVERHANG. IS HE OVERHANG TWO FOOT 11 FROM THE EDGE OR IS IT THE FACE OF THE ACCESS ACCESSORY STRUCTURE? THE, UM, OVERALL DISTANCE IS TWO FOOT 11 INCHES FROM THE OUTSIDE OF THE OVERHANG. MM-HMM. . ALRIGHT, THANK YOU. OH WAIT, NO, I'M SO SORRY. UM, FROM THE WALL OF THE STRUCTURE. OKAY. UH, AND SO QUESTION FOR STAFF. I THOUGHT THAT AT ANY TIME WHEN AN OVERHANG BROKE THE THREE FOOT LINE, THAT THAT WAS, WAS ALL THAT WAS CONSIDERED PART OF THE, UH, THE SETBACK. IS THAT TRUE OR NOT TRUE? YES, THAT'S TRUE. OKAY. SO IS IS THE VARIANCE THEY'RE REQUESTING ADEQUATE THEN IF, IF THE OVERHANGS GONNA BE TWO FOOT 11 AWAY, SHOULD THE, IF IT'S 11 INCHES BEYOND WHAT THEY'RE ASKING FOR, SHOULDN'T THE VARIANCE BE ENHANCED TO INCLUDE THE OVERHANG? [03:40:03] UH, IT, IT SHOULD INCLUDE ALL OF IT. UH, THIS IS A, OH, I BELIEVE THIS IS A NON-CONFORMING STRUCTURE. UM, BUT YES, IT, IT IS INSIDE THE THREE FOOT LINE. SO IT SHOULD HAVE BEEN THE OVERALL DISTANCE, NOT THE WALL. AND I'M JUST WONDERING, CAN WE, CAN WE ENTERTAIN THAT TODAY BECAUSE OF, IF IT WASN'T ADVERTISED? NO. OKAY. SO THAT, THAT, THAT ASPECT OF THIS CANNOT BE SHOULD. SO, UM, IS THE APPLICANT PRESENT? OKAY. SO DO YOU, DO YOU UNDERSTAND WHAT I WAS JUST GOING ON IN MANANA? BECAUSE ALL I WAS ASKING FOR WAS FOR THE FENCE AND I KNOW THAT'S MORE RELATED TO WELL, SO, SO WHAT'S HAPPENING IS SOMETIMES STAFF WILL NOTICE THINGS AND THEY'RE JUST TRYING TO CLEAN UP ANY ISSUES. AND SO WHAT WHAT HAPPENS IS WHEN YOU HAVE A STRUCTURE, YOU'RE SUPPOSED TO BE FIVE FEET AWAY. YOU'RE LESS THAN FIVE FEET AND YOU HAVE AN OVERHANG. AND WHENEVER, UH, ANY PORTION, INCLUDING THE OVERHANG BREAKS INTO THREE FEET CLOSE, THE OVERHANG ISN'T FREE ANYMORE. SO BASICALLY IF I, IF YOUR STRUCTURE WAS FIVE FEET AWAY AND YOU HAD 11 INCH OVERHANG, YOU WOULD NEED TO COME HERE. YOU'RE ALLOWED TO HAVE AN OVERHANG, BUT BECAUSE YOUR STRUCTURE IS LESS THAN THREE FEET, THE OVERHANG NOW DOES MATTER. OKAY. SO THAT MEANS WE CAN'T HEAR THAT PORTION OF THAT CASE TO TRY TO CLEAN UP, YOU KNOW, THE, THE, YOU KNOW, THESE ENCROACHMENTS ON, ON THESE OLDER ENCROACHMENTS IS NONCONFORMING USES BECAUSE IT WASN'T ADVERTISED CORRECTLY. OKAY. I KNOW THAT'S NOT WHY YOU WERE HERE, BUT YES. BUT THERE WAS AN INTENT BY STAFF TO TRY TO CLEAN UP YOUR PROPERTY. SO THE QUESTION BECOMES, I KNOW YOU'VE BEEN HERE A VERY LONG TIME. IF YOU WOULD LIKE TO HAVE YOUR PROPERTY UNIFIED AND AND CLEANED UP, YOU'LL HAVE TO COME BACK TO HEAR THAT PORTION OF IT. WOULD YOU LIKE TO COME BACK TO HEAR ALL OF IT? OR WOULD YOU LIKE TO US TO VOTE ON WHAT YOU HAVE NOW? IF POSSIBLE, I WOULD LIKE TO HEAR WHAT YOU THINK ABOUT THE FENCE. OKAY. SO WE CAN MOVE ON WITH BUILDING IT EITHER SIX OR EIGHT. OKAY. AND THEN I CAN COME BACK TO DO WHATEVER YOU NEED ME TO DO WITH THAT OTHER, SO IF SHE, IF SHE, BECAUSE I HAVEN'T CHANGED ANY OF THE STRUCTURES SO THAT THAT'S LIKE HOW THE HOUSE WAS. SO IT'S KIND IAND GRANDFATHER UNDERSTAND AND I KNOW YOU WANNA CLEAN IT SO I DON'T HAVE ISSUES IN THE FUTURE, BUT, WELL, LET ME ASK STAFF. SO IF WE, IF WE HEAR ANY ASPECT OF THIS, DOES SHE HAVE TO PAY ANOTHER FEE TO COME BACK? NO. NO. OKAY. COMMISSIONER MANN. SO WAS, UH, WOULD OPTION ONE STILL APPLY AS WELL? 'CAUSE I BELIEVE THAT'S THE SAME PREDICAMENT. OKAY. SO YEAH, OPTION ITEM NUMBER ONE IS THE FENCE HEIGHT ITEM NUMBER. OH, YOU'RE TALKING ABOUT THE MOTION AS BEING READ. UM, ON ITEM NUMBER, THE TWO FOOT EIGHT VARIANCE FROM THE FIVE FOOT SIDE SETBACK, DOES THAT INCLUDE AN OVERHANG? DID THAT, DID THAT ONE INCLUDE AN OVERHANG AS WELL? BECAUSE IT DIDN'T SAY OVERHANG LIKE RIGHT. LOOK AT THE PICTURE. IT LOOKS LIKE THAT ADD SOMETHING. YEAH. YEAH. I DON'T, I DON'T THINK THAT INCLUDED THE OVERHANG THAT'S BASED OFF OF HER, UH, SURVEY. OKAY. WHERE IT SHOWS IT. SO THAT ONE'S STILL GOOD TO GO. IT IS. OKAY. WELL NOW IF IT'S LESS THAN THREE FEET RIGHT, WE'RE GOING OFF OF THE SURVEY BECAUSE THE YEAH, THE THE SURVEY'S NOT GONNA, I'M JUST GONNA TELL YOU THEY'RE NOT GONNA SHOOT IT TO THE OVERHANG. THEY'RE SHOOTING IT TO THE WALL THAT THAT'S HOW THEY DO THOSE THINGS. SO WHAT, WHY DON'T WE HEAR BOTH OF THOSE NEXT TIME AND STAFF, IF YOU COULD JUST, JUST FOR SAFETY REASONS, JUST ADD SIX INCH OVERHANG OR WHATEVER'S ON THERE. UH, AND WE'LL JUST HIT THAT NEXT TIME. SO THAT LEAVES US WITH THE FENCE. SO, UM, PLEASE TELL US ABOUT YOUR FENCE. OKAY. MY NAME IS LAURA FERNANDEZ AND UM, WE BOUGHT THIS HOUSE AND HAVE BEEN REMODELING IT AND THE NEIGHBORS NEXT DOOR. WELL, FIRST OF ALL, I WOULD LIKE TO HAVE AN EIGHT FEET FENCE FOR SEVERAL REASONS. ONE, IT'S TO SET BETTER BOUNDARIES. THE SECOND IT'S, UH, TO HAVE MORE PRIVACY. AND THE THIRD IS TO FEEL SAFER BOUNDARIES. UM, WHY DO I SAY THAT? BECAUSE THE PREVIOUS OWNER OF OUR HOUSE USED TO BE RELATED. SHE ALREADY PASSED AWAY, BUT SHE WAS RELATED TO MY NEIGHBORS AND THEY SEEM TO FEEL ENTITLED TO COME INTO OUR PROPERTY EVERY TIME THEY WANT TO. THEY EVEN PLUG THEIR EXTENSION CORDS INTO OUR BA BACKYARD OUTLET . THEY PLUG, THEY PUT THEIR HOSE, WATER HOSE INTO OUR WATER FAUCETS SINCE WE DON'T LIVE THERE. WE'RE REMODELING IT. WE JUST CATCH THEM EVENTUALLY SOMETIMES AND TAKE PICTURES. BUT THEY KEEP ON DOING IT. THEY ASK ME IF THEY CAN TAKE BREAKS BECAUSE IT REMINDS THEM OF THEIR GRANDMOTHER. THEY COME AND CUT FLOWERS. IT'S JUST, IT'S GOTTEN RIDICULOUS. THERE WAS ONE TIME WHEN ONE OF THEM CAME INTO OUR LIVING ROOM, SINCE WE ARE REMODELING OUR, OUR DOOR IS NOT LOCKED. SO HE WALKED IN, HE SAT IN THE LIVING ROOM ON A, AN ICE CHEST AND WOULDN'T LEAVE. I THINK HE WAS EITHER HIGH OR NOT COMPLETELY THERE, WHICH THAT'S, THAT BRINGS ME, OR TAKES ME TO THE SUBJECT OF THE SAFETYNESS. WE HAVE HAD THE POLICE COME OVER TWICE [03:45:01] WHILE I'M THERE, BUT I CHECKED ON POLICE RECORDS AND OVER THE LAST 10 MONTHS THEY HAVE VISITED THAT PROPERTY OVER 19 TIMES. WOW. FOR NARCOTICS, FOR, UH, DISTURBANCE MENTAL HEALTH. WE DIDN'T KNOW ANY OF IT WHEN WE PURCHASED THE HOUSE, BUT NOW IT'S BECOME OUTRAGEOUS. OKAY. AND ALSO THE BACKYARD, IT'S SO CLUTTERED WITH AN OLD, OLD TOILET MATTRESSES, FURNITURE, AND OUR HOUSE, IT'S BUILT ON PIER AND BEAM, SO IT'S HIGHER IN THE LIVING ROOM. SO FROM THE, FROM THAT WINDOW, YOU CAN ACTUALLY SEE ALL THAT. AND IT REALLY, IT'S AWFUL. I MEAN, WE JUST, OKAY. UM, IS THERE, UM, A REASON WHY YOU NEED EIGHT FEET AS OPPOSED TO SITTING? BECAUSE WITH THE SIX WHEN YOU'RE STANDING IN A LIVING ROOM, YOU CAN STILL SEE ALL OF THAT. WOULD A SEVEN FOOT SERVE THE PURPOSE? WE, THIS, THIS BOARD HEARS A LOT OF VARIANCES FOR FENCING AND PART OF OUR DEVELOPMENT CODE CHAINS THAT WENT TO EFFECT JANUARY 1ST, THAT WOULD GIVE PEOPLE EIGHT FOOT FENCE BY RIGHT. IF THEY HAD A POOL OR MASSIVE GRADE CHANGES. UH, BUT I DON'T OBSERVE ANY OF THO THESE ON YOUR PLAN. SO I'M JUST WONDERING, IS THERE, IS THERE SOMETHING, UH, THAT YOU COULD LIVE WITH JUST FOR OUR KNOWLEDGE OTHER THAN EIGHT FEET? YES. UM, I WOULD APPRECIATE IF YOU COULD ALLOW ME TO HAVE THE EIGHT BECAUSE EVERY TIME I GO THERE, THEY YELL THINGS AT ME, LIKE TAKE ME WITH YOU. OR IT'S JUST LIKE, OKAY. OKAY. SO THE HIGHER THE BETTER. IF I COULD ASK FOR A 10, I WOULD BRAGMAN AND THE NEIGHBOR NEXT, LIKE, NOT THIS IS MY HOUSE, THIS IS THIS HOUSE, AND THIS ONE HAS AN EIGHT ALREADY. OKAY. BRAGMAN COMMISSIONER BRAGMAN WOULD, UM, MY QUESTION IS WHAT IS, YOU SAID THERE'S A HEIGHT DIFFERENCE BETWEEN YOUR PROPERTY AND THE NEIGHBOR'S PROPERTY. WHAT DO YOU ESTIMATE THAT THAT DIFFERENCE IS? TO BE HONEST, I'M NOT SURE BECAUSE IN THE BACKYARD WE'RE A LITTLE LOWER AND IN THE LIVING ROOM WE'RE HIGHER BECAUSE OF THE PIERS. I HAD ONE OF MY CONTRACTORS STAND THERE WITH AN, WITH A SIX FEET, UM, BOARD AND IT WAS NOT TALL ENOUGH. BUT I DON'T KNOW HOW, HOW, HOW MUCH DIFFERENCE THERE IS. THAT'S, WELL WHAT I'M, WHAT I'M REFERRING TO IS YOUR PROPERTY AS COMPARED TO, TO THE NEIGHBOR'S PROPERTY. THERE'S A DIFFERENCE. LET'S JUST SAY EVEN IN THE MIDDLE OF THE PROPERTY WHERE YOUR WINDOWS ARE. IS THERE, IS THERE A HEIGHT DIFFERENCE OF THE PROPERTY ON YOUR SIDE VERSUS YOUR NEIGHBOR'S SIDE? THAT PICTURE? WELL THAT, THAT'S JUST THE, THAT'S BECAUSE OF THE FOUNDATION, NOT BECAUSE OF THE, UH, ELEVATION OF THE PROPERTY. RIGHT. SO THERE'S NO, THERE'S NO DIFFERENCE IN GROUND ELEVATION BETWEEN YOUR PROPERTY AND THE NEIGHBOR'S PROPERTY? I DON'T THINK SO. BUT LIKE I SAID, MY BACKYARD IS A LITTLE LOWER THAN THEIRS, SO I DON'T KNOW IF THERE'S A DIFFERENCE ALSO IN THE GROUND. I KNOW THE LIVING ROOM IS HIGHER BECAUSE OF THE PEERS, BUT I'M NOT SURE IF THERE'S A, A DIFFERENCE LEVEL TO BE, TO BE HONEST WITH YOU. OKAY. THANK YOU MANNA. OKAY. ANYONE ELSE? MANNA, MR. MANNA? SO, UM, WHEN I LOOK AT YOUR NEXT DOOR NEIGHBOR, UH, OR LOOK AT THE DRIVEWAY OF YOUR NEXT NEIGHBOR AND ON YOUR HOUSE THERE APPEARS TO BE A, I DON'T KNOW, IT'S THE, UM, SOME KINDA TREE. SO THAT SITS RIGHT ON YOUR, ON YOUR PROPERTY THAT LEANS OVER INTO THEIR DRIVEWAY. SO IS THAT TREE GONNA BE TAKEN OUT THEN TO PUT UP A FENCE? WE ARE GONNA TAKE PART OF THE BRANCHES. OKAY. YEAH. 'CAUSE IT LOOKS LIKE THE WHOLE THING LEANS OVER AND YOU'D HAVE TO ACTUALLY BUILD YOUR FENCE AROUND THAT TREE. SO REGARDLESS OF WHAT TREE, REGARDLESS OF THE HEIGHT IT'S GONNA REQUIRE, YOU KNOW THAT. SO, UM, OKAY. THANK YOU. ALL RIGHT. ANYONE ELSE? ALL RIGHT. HEARING NONE, UH, IF THERE'S ANY PUBLIC COMMENTARY ON THIS CASE, THERE'S NO PUBLIC COMMENT. ALL RIGHT. WHAT WE'RE GONNA DO IS, UH, GET A MOTION ON THE FENCE AND SEE HOW IT TURNS OUT. AND THEN, UM, YEAH, WHO WOULD LIKE TO MAKE A MOTION? THANK YOU. OH, I'M SORRY. COMMISSIONER SPEER. OKAY. I WANTED TO ASK, UH, 'CAUSE IT'S REALLY RARE IN THAT NEIGHBORHOOD. I MEAN, YOU, THERE IS ONE PRETTY CLOSE BY YOU THAT HAS AN EIGHT FOOT FENCE, BUT IT'S LIKE ONE OF THE REALLY RARE ONES IN ALL OF ALTA VISTA AND I KNOW ALTA VISTA IS REALLY, YOU KNOW, AN ACTIVE NEIGHBORHOOD AND, AND PRETTY MUCH AGAINST THOSE EIGHT FOOT FENCES FOR THE SIDE YARDS. UM, COULD SEVEN FEET BE POSSIBLE? WELL, I ACTUALLY REACHED OUT TO, BECAUSE, UM, JOSH, RIGHT, JOSEPH, I'M SORRY, TOLD ME ABOUT THE ALTA VISTA THAT I MAY WANNA REACH OUT TO THEM AND I DID. AND THEY ACTUALLY SUPPORTED MY, AND I HAVE THE EMAIL HERE, IT DOESN'T SAY YES, GO AHEAD AND BUILD IT EIGHT FEET. BUT THEY WERE LIKE, OH MY GOD, TELL US AND WE'RE GONNA BE ON THE WATCH FOR THAT. SO THEY ARE CONCERNED ABOUT MY NEIGHBORS TOO. UM, LIKE I SAID, IF I COULD GET THE HIGHEST, I WOULD. IF YOU WOULDN'T LET ME HAVE AN EIGHT AND [03:50:01] YOU WANNA GIVE ME A SEVEN, I MEAN, I'M, IT'S UP TO YOU. I KNOW THAT, BUT IF IT WAS UP TO ME, I WOULD GO WITH EIGHT. I WOULD JUST FEEL BETTER. ALRIGHT. ZU, CAN I, COMMISSIONER ZUNA? YEAH. UH, WOULD YOU HAPPEN TO HAVE ANY POLICE REPORTS OR ANYTHING DAVID, THAT YOU'D LIKE TO ENTER FROM THE RECORD? ABSOLUTELY. THEY'RE HERE. YEAH. OH YEAH. , I IN THE DOG OR SO. OKAY. THANK YOU. WOW. AND WE COULD PUT THAT IN THE PUBLIC RECORD FOR THIS CASE. I THINK IT'S ALREADY PUBLIC RECORD. SOMETHING. OKAY. UM, SO WITH THAT QUESTION, IF SOMEONE COULD LIKE TO MAKE A MOTION ON THIS QUESTION COMMISSIONER ZUNIGA. YEAH. IS THIS AN INVESTMENT HOME? ARE YOU GOING TO LIVE THERE? NO, I'M NOT GONNA LIVE THERE. WE'RE, I DON'T KNOW IF WE'RE GONNA LEASE IT OR, UH, SELL IT, BUT WHOEVER LIVES THERE IS GONNA GO THROUGH WHAT I'M GOING THROUGH RIGHT NOW. WELL, THE, THE SITUATION HERE THAT I SEE FOR MYSELF IS THAT EVEN IF YOU PUT A SEVEN FOOT FENCE RIGHT NEXT TO THAT HOUSE THERE, I MEAN, IT'S IMPRACTICAL REALLY. I MEAN, SINCE YOU'RE NOT GOING TO LIVE THERE, YOU MIGHT SELL IT, YOU MIGHT RENT IT. I MEAN, A SIX FOOT FENCE WOULD DO GREAT, BUT OTHER THAN THAT, I WOULDN'T GO NO HIGHER THAN SIX. I MEAN, YOU'RE AN INVESTOR, SO YOU INVEST IN HOME AND THAT'S IT. UH, BUT YOU KNOW, THE PEOPLE THAT STAY BACK OVER THERE JUST LIKE THIS HOME NEXT DOOR, YOU KNOW, THE SITUATION IS THAT IT BEGS TO, BEGS TO QUEST HIM, YOU KNOW, I DON'T CARE. I JUST WANT HEAR, AND I'M GOING TO TELL 'EM. IF THEY TELL ME ABOUT THE POLICE REPORTS, I'LL TELL 'EM. YEAH. BUT THIS IS WHY WE BUILT A 20 FOOT FENCE OR EIGHT FOOT FENCE, AND THAT'S, YOU KNOW, MY CONCERN. THANK YOU. WELL, NO, THANK YOU. BUT MY CONCERN IS, AND YOU CAN IMAGINE HOW UNCOMFORTABLE THIS HAS BEEN FOR US TO WANNA, AND BE WILLING TO PAY FOR THIS, AND THEN FOR A MORE EXPENSIVE FENCE, IN ORDER TO HAVE IT THE BEST WAY WE CAN HAVE IT FOR WHOEVER ENDS UP LIVING THERE. IT IS VERY, VERY UNCOMFORTABLE. AND WE DON'T WANT ANYBODY TO GO THROUGH THAT, EVEN IF IT'S NOT MYSELF. WELL, EXACTLY IS WHAT I'M SAYING. YOU SEE, YOU'RE DOING FOR THE MONEY. OKAY. THAT'S YOUR HARDSHIP MONEY. I MEAN, I, I FEEL FOR THE PEOPLE THERE. THANK YOU. WELL, I, I THINK WE'RE JUST GONNA, LET'S JUST GET A MOTION AND THEN, SO WHO CAN JUST ASK A QUICK QUESTION? YES, PLEASE. IS THERE A FENCE THERE? NOW? IT'S JUST LIKE A SHORT, UH, DO YOU HAVE A PICTURE OF IT? IT'S NOT A WOOD, IT'S A SHORT WITH A DOOR, BECAUSE THEY WERE RELATED. SO THERE'S NO FENCE THERE NOW? NO. WELL, I DON'T KNOW IF YOU WOULD CALL THAT A FENCE. YOU SEE WHERE THE PLANTS ARE? OKAY, SO THAT'S LIKE A FOUR FOOT, UM, YEAH. METAL CHAINLINK CHAINLINK FENCE. OKAY. SO, RIGHT. SO A SIX FOOT PRIVACY FENCE WOULD PROBABLY DETER A LOT OF WHAT'S GOING ON. I, I, I THINK THAT, UH, I WOULD RECOMMEND THAT WE READ A MOTION AND ANYBODY AGAINST IT, UH, UH, CHIME IN AND THEN WE'LL SEE WHAT HAPPENS. SO WHO WOULD LIKE TO READ A MOTION? I CAN DO IT. COMMISSIONER MANA CASE NUMBER BO. A 2 3 1 0 3 0 0 0 6 6. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A TWO FOOT SPECIAL EXCEPTION, UM, FROM THE MAXIMUM SIX FOOT SIDE YARD FENCE HEIGHT REQUIREMENT TO ALLOW AN EIGHT FOOT FENCE ALONG THE WESTERN PROPERTY LINE, SITUATED AT 5 0 9 WEST MISTO. APPLICANT BEING HOME TECH L L C. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT PURPOSE OF THE CHAPTER. THE U D C STATES THAT THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR FENCE HEIGHT MODIFICATION. STAFF FINDS PROPOSED EIGHT FOOT SOLID SCREEN FENCE, UH, BEING REQUESTED ALONG THE WESTERN PROPERTY LINE IS IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE, AS IS INTENDED TO PROVIDE SAFETY AND SECURITY FOR THE SUBJECT PROPERTY. B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THESE CRITERIA ARE REPRESENTED BY FENCE HEIGHTS TO PROTECT PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY. THE PROPOSED FENCE, UH, AT ITS ANTICIPATED HEIGHT APPEARS TO SERVE THE PUBLIC WELFARE AND CONVENIENCE. C, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE FENCE WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT AND ADJACENT PROPERTIES. THEREFORE, THE ADDITIONAL FENCE HEIGHT WILL NOT SUBSTANTIALLY INJURE NEIGHBORING PROPERTIES. D THE, UH, SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION OF WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE ADDITIONAL FENCE HEIGHT WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT OF THIS AS THIS FENCE WILL ONLY BE LOCATED ON THE WESTERN PROPERTY [03:55:01] LINE AND BEHIND THE FRONT FACADE OF THE HOME. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL CHARACTER, GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE AND ESTABLISHED FOR THE SPECIFIC DISTRICT. THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT AS A PROPERTY IS ZONED R SIX AND ALLOWS FOR SPECIAL EXCEPTIONS FOR FENCE SITES. AND THE MOTION, SECOND, SECOND, SECOND BY COMMISSIONER BRAGMAN. COMMISSIONER, UH, MANNA READ THIS IN A POSITIVE, BUT, UM, UM, BUT I ACTUALLY WILL NOT BE SUPPORTING THIS MOTION. UM, AND PART OF THE REASON WHY IS THERE'S, UH, I GUESS AN EIGHT, A SIX FOOT FENCE HASN'T BEEN PUT UP AS WE'LL, SAY THE TRIAL BALLOON. AND IF THERE HAD BEEN A SIX, SIX FOOT FENCE THERE AND THE SAME CONDITIONS HAD ARISEN, THEN MAYBE THERE WOULD'VE BEEN MAYBE SOME MORE DIALOGUE ON THAT. UH, SECOND IS THAT, UH, BECAUSE THIS HOUSE SITS SO CLOSE TO THAT PROPERTY LINE, AN EIGHT FOOT FENCE WALL THERE, YOU KNOW, I I THINK WOULD, WOULD NOT SERVE THIS HOME WELL. UM, YOU KNOW, AND SO, SO FOR THOSE TWO MOST REASONS, OH, AND ALSO BECAUSE THE CITY ALSO RECOMMENDED DENIAL. SO FOR THOSE THREE REASONS, I WON'T BE IN FAVOR OF THIS. COMMISSIONER BRAGMAN. YEAH, I, I AGREE WITH THAT. UH, BY, BY NOT APPROVING THIS, YOU WILL BE ALLOWED TO HAVE A SIX FOOT FENCE BY, RIGHT. UM, SO, UH, ON THE OTHER POINTS, I AGREE WITH MY COLLEAGUE. OKAY. UM, I'M GOING TO OFFER A FRIENDLY AMENDMENT FOR A ONE FOOT VARIANCE. JUST PUTTING THAT OUT THERE. OKAY. HOW ABOUT A SIX INCH VARIANCE? JUST PUT IT OUT OH SEVEN I'D SUPPORT. NO, NO, NO. I'D SUPPORT. YEAH, YOU SUPPORTED IT. I'D SUPPORT THE ONE FOOT VARIANCE. HE ALSO IS, THEY COULD DO LIKE A TR A TRELLIS OR SOME TYPE OF ORNAMENTATION ON TOP OF THE SIX FOOT, WHICH I THINK IS ALLOWED BY RIGHT, TO GET YOU THAT EXTRA FOOT. IS STAFF IS A, IS A TRELLIS A AROUND, ALLOWED ON TOP OF THE FENCE? DOES THAT BECOME PART OF THE FENCE HEIGHT? ANY, ANY PART OF FENCE WOULD HAVE TO BE WITHIN THE HEIGHT WITHIN CODE. ALSO, THE, WOULD THE MAKER OF THE MOTION ACCEPT ANY? I WISH IT WOULD BE THERE TO, IN ORDER TO UNDERSTAND WHY WE'RE HERE. I MEAN, IT'S NOT JUST BECAUSE I WANT TO, IT'S BECAUSE IT'S, IT'S REALLY UNCOMFORTABLE AND I'M NOT GONNA BE A SIX IN ORDER TO FIND OUT THAT WE NEED TO BUILD AN EIGHT, WE HAVE ALREADY PLACED THAT SIX THERE, AND IT'S STILL LIKE, YOU CAN STILL SEE ALL THE CLUTTER. AND IT'S NOT JUST TRASH. IT'S LIKE AN BROKEN TOILET. IT'S LIKE A VERY OLD WET MATTRESS. IT'S LIKE SHOPPING CARTS. IT'S, IT'S JUST AWFUL. I WOULD ASK CODE ENFORCEMENT IF C IF WE CAN GET CODE ENFORCE ENFORCEMENT OVER TO DO CODE, CODE ENFORCEMENT WOULD BE WHERE YOU GO. OKAY. SO BUILDING STANDARD BOARD. SO I WILL STATE THAT, YOU KNOW, ONE OF THE THINGS THAT I HAVE DONE IN THE PAST IS, UM, THERE ARE, UH, SPECIAL BUSHES THAT EXIST IN SAN ANTONIO. SAN ANTONIO THAT GROW REALLY WELL, THAT ACTUALLY WILL GROW TWO FEET ABOVE A EXISTING FENCE, UM, WHEN ATTACHED TO IT THAT DO MAKE A VERY NICE, SOLID SCREEN BUFFER. AND SO, SO I PREFERRED LANDSCAPING OVER, OVER HARDSCAPING. I UNDERSTAND. IT'S JUST THAT WE'RE NOT GONNA BE ABLE TO PLANT THOSE TREES AND THOSE ARE GONNA TAKE TIME. BUT WELL, I'D ALSO SAY I DON'T THINK THERE'S SPACE. IF YOU LOOK AT THE DISTANCE BETWEEN THE HOUSE AND THE, THE, THE NEIGHBOR'S DRIVEWAY, I DON'T THINK THERE'S SPACE TO PLANT TREES THAT WOULD NO, THAT WAS SPEAKING SPECIFICALLY OF SOME GROUND COVER THAT WOULD BE PERFECT THERE. AND SO, OKAY. WELL, IF, IF, UH, IF NOTHING IS GOING TO BE ACCEPTABLE TO THE MAJORITY, I'M NOT GONNA WASTE ANYONE'S TIME. LET'S JUST HAVE A ROLL CALL VOTE PLEASE. MR. MANNA, I DO NOT CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MRS. SPILLMAN, I DO NOT CONCUR. MS. INGLES. I DO NOT CONCUR. MR. MANCHACA. I DO NOT CONCUR. MS. CRUZ. I DO NOT CONCUR. MR. ZUNIGA. I DO NOT CONCUR. MS. KAPLAN? I DO NOT CONCUR. MR. VASQUEZ. I DO NOT CONCUR. CUR MR. UNA? I CONCUR. CHAIR ORIAN? UH, I DO NOT CONCUR. UM, NOT WITH AN EIGHT FOOT. UM, MOTION FAILS. ONE TO 10. UM, PLEASE GET WITH STAFF TO LET YOU KNOW WHAT YOU CAN DO, BUT RIGHT NOW YOU'RE LIMITED TO A SIX FOOT FENCE. OKAY? WHAT ABOUT THE OTHER TWO THINGS? UH, THEY'LL COME BACK TO US. UM, WE'RE ALL FAMILIAR WITH IT. UH, I, I WILL MOVE YOU RIGHT TO THE FRONT IF YOU WOULD LIKE TO COME BACK. I WON'T MAKE YOU WAIT TILL THE END OF THE MEETING. THANK YOU. I APPRECIATE THAT. WE MAY HAVE ANOTHER SOLUTION FOR THAT TOO, BECAUSE BOTH OF THE STRUCTURES ARE NONCONFORMING, SO. OKAY. WELL, STAFF WILL, UH, LET YOU KNOW HOW THAT WILL WORK OUT. THANK YOU. PERFECT. THANK YOU. UH, ITEM NUMBER NINE. ITEM NUMBER NINE, BO 8 23 1 0 3 0 0 0 6 8. ADDRESS IS 59 34 C CROFT DRIVE COUNCIL DISTRICT SIX. APPLICANT IS MARKED SANCHEZ A REQUEST FOR ONE, A TWO FOOT SIX INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW 'EM ATTACH CARPORT WITH A ONE FOOT SEVEN INCH OVERHANG TO BE SEVEN FOOT SIX INCHES FROM THE FRONT PROPERTY LINE. AND TWO, A ONE FOOT [04:00:01] FIVE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW ATTACH CARPORT WITH A ONE INCH OVERHANG, ONE FOOT OVERHANG TO BE THREE SEVEN INCHES FROM THE SIDE PROPERTY. LINE PROPERTY IS ZONED. R SIX. THE SUBJECT PROPERTY IS LOCATED ALONG SEA TROUGH DRIVE JUST EAST OF CALLAHAN ROAD, AND CURRENTLY HAS AN EXISTING SINGLE FAMILY RESIDENCE, BUT WITHOUT A PERMIT. THE APPLICANT CONSTRUCTED AN ATTACHED CARPORT, WHICH ENCROACHES INTO THE FRONT AND INSIDE SETBACK. A ZONING U D C N INVESTIGATION BEGAN ON OCTOBER 26TH, 2022 FOR A PROPERTY SETBACK VIOLATION. THE WIDTH OF THE CARPORT IS 18 FEET. THERE ARE OTHER SIMILAR CARPORTS IN THE SURROUNDING AREA, HOWEVER, NO APPROVED VARIANCES WERE FOUND. CARPORT PERMIT WAS APPROVED. HOWEVER, THE SITE PLAN INDICATED A FIVE FOOT SIDE AND 10 FOOT FRONT SETBACK SITE PLAN, SUBJECT PROPERTY SIDE SETBACK MEASUREMENT, THE FRONT OVERHANG, THE FRONT SETBACK MEASUREMENT, AND THE SIDE OVERHANG SURROUNDING AREAS WITH CARPORTS ACROSS THE STREET AND SURROUNDING AREA WITH CARPORTS DOWN THE STREET. RECOMMENDATION FRONT AND SIDE SETBACK VARIANCE STAFF RECOMMENDS DENIAL. AND BILL O 8 2 3 1 0 3 0 0 6 8 BASED ON THE FOLLOWING FINDINGS, THE REDUCED FRONT AND SIDE SETBACK WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND TWO NEIGHBORING PROPERTIES THAT HAVE CARPORTS HAVE NO VARIANCES ON FILE NOTIFICATION. PLAN, 38 NOTICES WERE SENT OUT. ONE IN FAVOR, ONE IN OPPOSITION, AND NO RESPONSE FROM THUNDERBIRD HILLS NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. JUST A QUICK QUESTION. DID YOU SAY THERE WAS ONE IN OPPOSITION? I'M SORRY. IS ONE IN FAVOR? IS ZERO OPPOSITION? MY APOLOGIES. IS, IS THE GATE ALONG THE FRONT OF THE, IN THE DRIVEWAY, IS THAT OF ANY ISSUE TO US REGARDING CLEAR VISION OR NO, SIR. IT WASN'T. WE MEASURED IT, SO IT WAS, IT WAS GOOD. YES, SIR. THANK YOU. THAT'S, IS THERE ANY PUBLIC COMMENTARY? NO PUBLIC COMMENT. ALL RIGHT. LET'S HAVE THE APPLICANT COME FORWARD. UH, PLEASE. I HAVE, UH, ONE OF MY NEIGHBORS WHO WAS HERE JUST NOW, HE, UM, THOUGHT HE HAD TO BE HERE BECAUSE HE DIDN'T HAVE THE TIME TO SEND IN OR DIDN'T REALIZE HE HAD A TIME LIMIT TO SEND IT IN. SO HE SAT THERE FOR THIS WHOLE TIME, THIS WHOLE TIME UNTIL I REALIZED HE DID SIGN THIS IN. SUPPORT A FAVOR. OKAY. I'VE ALSO GOT A LETTER FROM MY NEXT DOOR NEIGHBOR, WHICH WOULD BE THE ONE TO THE LEFT OF ME, WHICH WOULD BE THE ONE WHERE THE FIVE FOOT VARIANCE WOULD AFFECT THEM. THE OTHER SIDE OF THE CARPORT DOES NOT AFFECT ANYBODY ELSE. YEAH. IF GIVE THOSE STAFF, WE'LL MAKE IT PART OF THE RECORD STAFF AND PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR MY NAME IS MARK SANCHEZ. UM, I'M HERE FOR THE, FOR, UM, APPLICATION FOR VARIANCE ON THE CARPORT, WHICH WAS PREMATURELY BUILT WITHOUT A, UH, PERMIT AS THIS GENTLEMAN STATED. BUT I HIRED A CONTRACTOR WHO I THOUGHT WAS GONNA TAKE CARE OF THIS IF THIS IS MY FIRST MAJOR PROJECT ON MY HOUSE. SO, I MEAN, I GUESS MY IGNORANCE AS WELL IS HIS INCOMPETENCE IN DOING THE JOB. RIGHT. WELL, JUST, JUST SO YOU KNOW, UM, WE, WE, UH, WE, WE DO HEAR A LOT OF THESE, UH, ONE, SOME OF THE ISSUES THAT YOU MIGHT WANT TO TOUCH ON IS WHETHER OR NOT YOU'RE GONNA HAVE, UH, GUTTERS, UH, AND ALSO, UH, WHETHER AND HOW DEEP YOUR CARPORT IS, UH, YOU KNOW, IT'S ATTACHED TO THE HOUSE. IT IS. YEAH. BUT HOW, BUT HOW, HOW DEEP IS IT? HOW DEEP? YEAH, LIKE YOU WE'RE SHOWING A TRUCK COMPLETELY PARKED UNDERNEATH OF IT, BUT I JUST WANT TO MAKE SURE. OH YEAH. BUT THAT TRUCK IS ALL THE WAY AT MY FRONT DOOR. OKAY. UH, I DO HAVE A COPY OF THE PROMISES OF THE, OF THE ACTUAL OH, 25 FEET DEEP. GOT IT. YEAH. THIS IS WHAT THE ORIGINAL PLAN WAS GONNA BE WITH MY, UH, FIRST UH, CONTRACTOR. ONLY PROBLEM WITH HIM IS OTHER THAN HIM NOT COMING TO WORK, HE WASN'T DOING THE JOB RIGHT. OKAY. ME NOT KNOWING ANY BETTER, HE DIDN'T. BUT YOUR CARPORT IS 25 FEET AWAY FROM THE FRONT OF YOUR HOUSE? FROM THE FRONT OF MY HOUSE. I, I MEAN, IF YOU'RE MEASURING, I GUESS FROM THE FACE OF MY, MY, MY HOME, I'M JUST FACING IT ON YOUR BID. IT SAID 22 BY 25. OKAY. I'M SORRY. SORRY ABOUT THAT. GREAT. THANK YOU. THAT'S THE NEIGHBOR THAT WAS JUST HERE. OKAY. OKAY. SO ARE THERE ANY QUESTIONS FOR THIS APPLICANT? COMMISSIONER ZUNE, AS YOU CAN SEE, THE REASON I WANTED TO SHOW YOU THIS IS THAT THAT WAS THE ORIGINAL GAME PLAN FOR EVERYTHING THAT WAS GONNA BE OFFERED BY THIS BUILDER. UH, GUTTERS WAS PART OF IT. AND I INTEND TO GO BACK WITH GUTTERS AS WELL, JUST FOR THE SAKE OF, UH, THE WATER NOT PUDDLING INTO THE CENTER OF MY DRIVEWAY AND ME HAVING TO WALK THROUGH, THROUGH A PUDDLE JUST TO GET IN MY VEHICLES. EITHER WAY. AT LEAST THAT'S WHAT I'M HOPING FOR. WHY, WHY, WHY ARE YOU PUTTING A CEILING FAN? ? THERE WAS NO GONNA, THERE [04:05:01] WAS OBVIOUSLY GONNA BE NO ELECTRICAL. I DON'T THINK THIS GUY HAD ANY INTENTION OF FINISHING THE PROJECT. DIDN'T SAY IT WAS GONNA BE WIRED UP. YOU SAID HE WAS PUTTING A CEILING THING . WELL, I MEAN, IT WAS GONNA BE A PATIO SLASH DRIVEWAY. I COULD MOVE MY CARS OUT AND JUST OKAY. HANG OUT IN FRONT. OKAY. SO IS THERE ANY COMMISSIONER QUESTIONS? ALRIGHT. UM, OKAY. ALRIGHT. SO LET'S, UH, LOOK FOR A MOTION ON THIS THING. ZUNA COMMISSIONER ZUNA. OH YES. COMMISSIONER ZUNIGA DID, NO, UH, MR. SANCHEZ? YES, SIR. UH, YOU STATED YOU, YOU WERE GOING TO PUT GUTTERS ON THE SIDE. I DO WANT TO PUT GO GUTTERS ON THE SITE. OKAY. UH, I DON'T WANT TO COMPARE YOURS. UH, I LIVE UP THE ROAD. OKAY. DO YOU, I DON'T WANNA COM COMPARE YOUR GARAGE HERE, YOUR COURT BOARD WITH YOUR NEIGHBORS. OKAY. BECAUSE FACE IS SMALL, THE ONE, THE RIGHT SIDE. OKAY. BUT ANYWAY, UH, YOURS IS PRETTY LARGE HERE AND, AND YOU ONLY HAVE THE TRUCK OR THE TWO MOTORCYCLES YOU PUT 'EM UNDER? ACTUALLY, THE O THE OTHER MOTORCYCLE IS JUST THERE TEMPORARILY. THAT BELONGS TO MY SON. OKAY. BUT I DO HAVE TWO VEHICLES THAT I PUT, YEAH. OKAY. I MEAN, IT'S VERY TIGHT, BUT THEY FIT. OH, UH, I'VE GOT PICTURES THERE OF OTHER, UH, NEIGHBORHOOD HOMES. NO, NO, NO. UH, I'M NOT GOING TO GO INTO THAT. OKAY. OKAY. BECAUSE I, I'VE DROVE IT SO MANY TIMES AROUND THERE. UH, SO YOU KNOW, YOURS, IT, IT, IT DOES, YOU KNOW, IT'S ONLY ONE MORE THAT'S WAY UP TO THE FRONT OF THE SIDEWALK OF THE PRODUCT. BUT I MEAN, UH, WE, WE WOULD LIKE, I KNOW THE CHAIRMAN WOULD LIKE TO HELP YOU WITH IT, BUT I MEAN, THE GUTTER'S OKAY. BUT THE FRONT, YOU KNOW, IT'S, IT'S WAY TOO, UH, THE POLES YOU HAVE ARE ALREADY IN THE CONCRETE, RIGHT? OR NOT? UH, YES SIR. THE OPERATIONS. OH, THEY ON TOP. YES, I'VE SEEN IT, BUT I MEAN, I ALSO HAD TO GET A STRUCTURAL ENGINEER IN ORDER TO GO BACK. OKAY, GREAT. OKAY, WELL THANK YOU VERY MUCH. THAT'S ALL. OKAY, SO LET'S COMMISSIONER UN SAY THANK YOU. LET'S HAVE A MOTION PLEASE. THANK YOU. REGARDING CASE NUMBER BO EIGHT DASH 23 DASH 0 3 6 8, I MOVED THAT THE BOARD OF ADJUSTMENT GRANTED REQUEST FOR ONE, A TWO FOOT SIX INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW AN ATTACHED CARPORT WITH ONE FOOT SEVEN INCH OVERHANG WITH GUTTERS TO BE SEVEN FEET SIX INCHES FROM THE FRONT PROPERTY LINE. AND TWO, A ONE FOOT FIVE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE STEPBACK REQUIREMENT TO ALLOW AN ATTACHED CARPORT WITH ONE FOOT OVERHANG TO BE THREE FEET SEVEN INCHES FROM THE SIDE PROPERTY LINE SITUATED AT 5 9 3 4 SEACROFT DRIVE. APPLICANT BEING MARKED SANCHEZ BECAUSE THE TESTIMONY PRESENTED TO US THE FACTS THAT WE DETERMINED SO THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT LITTLE ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE DOES NOT CONTRACT TO THE PUBLIC INTEREST. THE FRONT AND SIDE YARDS DO NOT HAVE ADEQUATE SPACE TO HAVE A FRONT SET BACK OF 10 FEET AND A SIDE SETBACK UP FIVE FEET. THE STRUCTURE IS 18 FEET WIDE AND WILL ALLOW MULTIPLE VEHICLES TO PARK. DOES NOT APPEAR TO BE CONTRARY TO PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF FINDS A HARDSHIP ON THE LOT AS THERE IS NOT ADEQUATE SPACE TO MEET THE MINIMUM FRONT SETBACK REQUIREMENTS FOR THE CAR CARPORT. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS A DETACHED CARPORT, CANNOT MEET THE 10 FOOT MINIMUM SIDE SETBACK AND THE FIVE FOOT MINIMUM SIDE SETBACK REQUIREMENT AND FIT MULTIPLE VEHICLES, UH, 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, UH, WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT ALL, WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THE PROPERTY IS LOCATED. STEP FINDS, UH, EVIDENCE THAT THE REQUESTED VARIANCE WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THE FRONT AND SIDE YARDS CANNOT, UH, SUPPORT THE MULTIPLE VEHICLES UNDER THE CARPORT. AND SIX, THE APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL, NOT DUE TO THE RESULT OF GENERAL CONDITIONS. THE DISTRICT, ONCE THE PROPERTY IS LOCATED BECAUSE OF THE WIDTH OF THE LOT, THE CONFIGURATION, CONFIGURATION OF THE EXISTING RESIDENCE, MAINTAINING A 10 FOOT FRONT SETBACK AND FIVE FOOT SIDE SETBACK IS NOT APPROPRIATE FOR THE AREA. THE REQUEST IS NOT MERELY FINANCIAL AND A MOTION. SECOND. SECOND BY COMMISSIONER KAPLAN. COMMISSIONER ZUNA? YES. SO I'M SUPPORTING IT. SO THE APPLICANT HAS, UH, LETTERS OF SUPPORT FROM THE NEIGHBORS MOST AFFECTED. HE READ INTO THE RECORD THAT HE WILL BE, UH, PROVIDING GUTTERS ON EITHER SIDE ON THE SIDE, UH, TO, TO REDIRECT THE WATER TO THE FRONT OF THE PROPERTY, NOT AFFECTING THE, THE SIDE NEIGHBORS. UM, AND, UH, YOU KNOW, THE, THE GARAGE, HE MADE EVERY EFFORT TO, YOU KNOW, HAVE A CONTRACTOR DO THE WORK CORRECTLY. AND THIS IS THE SITUATION HE'S IN AND I'M JUST TRYING TO PROVIDE THE BEST, BEST PATH FORWARD FOR THE PROJECT AND FOR THE APPLICANT. COMMISSIONER KAPLAN. I WILL BE SUPPORTING IT FOR THE SAME REASONS. ALRIGHT, ANYONE [04:10:01] ELSE LIKE THAT? I'LL, I'LL BE SUPPORTING IT TOO AND I'LL BE DRIVING THROUGH THERE. SHE COOPERATE. ALRIGHT, UH, WITH THAT, LET'S HAVE A ROLL CALL. VOTE PLEASE. MR. OZUNA. I CONCUR. MS. KAPLAN I CONCUR. MR. SPIELMAN, I CONCUR WITH THE FINDINGS OF FACT. MS. LES I CONCUR. MR. MENCHACA I CONCUR. MS. CRUZ I CONCUR. MR. ZUNIGA. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. VASQUEZ. I CONCUR. MS. BRAGMAN I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY AND UH, IT IS 5 27. COMMISSIONER KAPLAN HAS LEFT THE MEETING. IS COMMISSIONER ENGLE STILL? YES. YES. OKAY. MM-HMM. . OKAY, GOOD. ALL RIGHT. ITEM 10 BO O A 23 1 0 3 0 0 0 7 0. ADDRESS IS 4 31 LARWOOD DRIVE COUNCIL. DISTRICT 10 APPLICANT IS PETER THINKING A REQUEST FOR ONE A 13 FOOT 10 INCH VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE WITH A FIVE FOOT ALLEY CREDIT TO BE ONE FOOT TWO INCHES FROM THE REAR PROPERTY LINE AND TO A TWO FOOT TWO INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE ONE FOOT THREE INCH WITH OVERHANG WITH ONE FOOT THREE INCH OVERHANG TO BE TWO FOOT 10 FROM THE SIDE PROPERTY LINE ZONING IS MP EIGHT. THE SUBJECT PROPERTY IS LOCATED AT THE INTERSECTION OF LARKWOOD DRIVE AND KENNE WOLF BOULEVARD AND CURRENTLY HAS AN EXISTING SINGLE FAMILY RESIDENCE. THE APPLICANT IS CONSTRUCTING AN ADDITION THAT WILL CONNECT THE MAIN STRUCTURE AND GARAGE, WHICH WILL REQUIRE VARIANCES FROM THE SIDE AND REAR SETBACK REQUIREMENTS DUE TO THE PROXIMITY TO THE PROPERTY LINES SITE PLAN. THE SUBJECT PROPERTY, THIS IS A VIEW OF THE GARAGE, UH, FROM THE ALLEY SIDE VIEW OF THE GARAGE WITH THE OVERHANG, UH, OVERHANG MEASUREMENT. AND THIS IS THE PROPOSED LOCATION OF THE, UH, ADDITION THAT WILL BE BETWEEN THE MAIN HOUSE AND THE GARAGE. AND THIS IS A PICTURE OF THE EXISTING GARAGE AND THE SURROUNDING AREA IN YOUR SURROUNDING AREA. RECOMMENDATION FRONT AND SIDE SETBACK VARIANCE THAT RECOMMENDS APPROVAL M B O A 23 1 0 3 0 0 0 7 0 BASED ON THE FOLLOWING FINDINGS, THEIR SUFFICIENT SPACE IN THE REAR PROPERTY DUE TO AN ALLEY CREDIT. TWO, THE SIDE SETBACK REQUIREMENT WILL NOT AFFECT ANY OF THE STRUCTURES. AND THREE, THE VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT NOTIFICATION PLAN. STAFF MAILED OUT 20 NOTICES. ONE IN FAVOR, UH, ZERO IN OPPOSITION AND NO PARK. UH, NEIGHBORHOOD ASSOCIATION IS IN FAVOR AND THERE'S THE LETTER FROM THE ASSOCIATION ALSO. I GOT ONE LATE, UH, NEXT DOOR AS WELL. THAT IS IN FAVOR. AND WE'LL, WE'LL PUT THE, UH, LETTER HERE. UM, ADDRESS IS 4 27 NEXT DOOR. NEIGHBOR IS IN FAVOR AS WELL. OKAY. THAT CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. ANY PUBLIC COMMENTARY ON THIS ONE? NO PUBLIC COMMENT. ALL RIGHT. THEN THE APPLICANT'S COME FORWARD. IF YOU COULD PLEASE STATE YOUR NAME, TELL US ABOUT YOUR CASE. WELL, GOOD AFTERNOON. UH, MY NAME IS PETER STANKIN. UM, SO MY WIFE AND I, UH, PURCHASED THIS HOUSE. WE'RE RENOVATING THE HOUSE AND WE WANT TO CON UH, CONSTRUCT AN ADDITION TO CONNECT THE EXISTING HOUSE TO AN EXISTING GARAGE. OKAY. THE GARAGE IS ALREADY NON-COMPLIANCE. IT'S BEEN THERE FOR 70 YEARS. OKAY. ACCESS OFF THE ALLEY. PARDON ME? YES. OKAY. ALRIGHT. UM, IS THERE ANY QUESTIONS FOR THIS APPLICANT? MANANA. SO DO YOU ACTUALLY USE THE ALLEY FOR ACCESS OR, OR NO? YOU COULD, YES. IT'S A RIGHT OF WAY. CITY OF CLAIMS IT RIGHT AWAY. RIGHT, BUT YOU DON'T USE IT THOUGH. IT'S JUST A IT'S JUST, WE DON'T LIVE THERE YET. I DON'T THINK WE, JUST LOOKING AT THE, THE ALLEYWAY, IT DOESN'T LOOK LIKE IT'S USED. SO YEAH, THERE'S A KIND OF A CONCRETE APPROACH POURED BACK THERE, BUT IT'S REALLY AWKWARD TO USE IT. YEAH. SO, BUT YEAH. OKAY. WHERE, WHERE WOULD YOU PARK THEN? UM, WE'RE GONNA PARK, UH, OFF OF UM, KENNELWORTH. EITHER GONNA DO A PARKING PAD OR, OR GARAGE. OKAY. SO YOU'RE, YOU'RE, 'CAUSE YOU DON'T HAVE A DRIVEWAY NOW, RIGHT? NO. OKAY. WE'D HAVE TO GET A CURB CUT AND, UH, PERMANENT DRIVEWAY. OKAY. UH, IS THERE ANY OTHER QUESTIONS? CRUZ? COMMISSIONER CRUZ. SO THE ALLEYWAY, YOU SAID, UH, THEY USE IT, IS IT USED FOR, UH, TRASH PICKUP? NO. NO, IT'S JUST, IT IS A EASEMENT. IT'S GOT, UH OH, OKAY. BUT GAS AND ELECTRIC DOWN AT THE WATER SPEC THERE TOO, THAT EVERYBODY USES IT AS A SHORTCUT IN OTHER WORDS? NO, IT'S JUST THAT NEIGHBORHOOD WAS DEVELOPED WITH ALLEYWAYS BEHIND ALL THE HOUSES. [04:15:01] THEY USED TO USE THEM FOR A TRASH PICKUP, I THINK. OKAY. I JUST THANK YOU AT THE, UH, PLAN THAT YOU PROVIDED THE SURVEY, THE PLAN, THE PLAN THAT WAS PROVIDED AS PART OF THE FILE KIND OF IMPLIED THAT MAYBE THE PREVIOUS OWNER DROVE IN FROM KEN KENILWORTH PULLED INTO A, THEY THEY DID A DRIVE AND THEN THAT'S RIGHT. THEY DID. YEAH. ALRIGHT, AWESOME. UH, ANY OTHER QUESTIONS? I HEARING NONE. WELL, THANK YOU, UH, COMMISSIONER BRAGMAN REGARDING CASE NUMBER BO O A DASH 23 DASH THREE SEVEN. I MOVE TO THE BOARD OF ADJUSTMENT GRANTOR REQUEST FOR ONE A 13 FOOT 10 INCH VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE WITH FIVE FOOT ALLEY CREDIT TO BE ONE FOOT TWO INCH FROM THE REAR PROPERTY LINE AND TWO, A TWO FOOT TWO INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE WITH A ONE FOOT THREE INCH OVERHANG TO BE TWO FOOT 10 INCH FROM THE SIDE PROPERTY LINE SITUATED AT 4 3 1 LARKWOOD DRIVE. APPLICANT BEING, UH, PETER STANKIN BECAUSE THE TESTIMONY PRESENTED TO US FROM THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE DOES NOT. CONTRARY TO THE PUBLIC INTEREST, THE REAR SETBACK OF 20 FEET AND A SIDE SETBACK OF FIVE FEET CANNOT BE MET AS THE GARAGE'S EXISTING IN A NEW ADDITION WILL BE ADDED. THIS IS NOT CONTRARY TO THE PUBLIC INTEREST. TWO DUE SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF FINDS A HARDSHIP ON THE LOT AS THE GARAGE IS EXISTING AND WOULD HAVE TO BE RELOCATED TO MEET THE REAR END SIDE YARD SETBACK, UH, SETBACK REQUIREMENTS. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS THE EXISTING GARAGE CANNOT MEET THE 20 FOOT MINIMUM REAR SETBACK AND FIVE FOOT MINIMUM SIDE SETBACK REQUIREMENT DUE TO A NEW ADDITION. 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. STAFF FINDS EVIDENCE THAT THE REQUESTED VARIANCE FOR THE REAR AND SIDE YARDS WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT DUE TO A NEW ADDITION CONDUCTING, CONNECTING THE MAIN STRUCTURE AND GARAGE. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR THE VARIANCES SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS. THE DISTRICT IN WHICH THE PROPERTY'S LOCATED BECAUSE OF THE EXISTING GARAGE AND IN ADDITION TO THE GARAGE, MAINTAINING A 20 FOOT REAR SETBACK AND FIVE FOOT SIDE SETBACK IS NOT APPROPRIATE FOR THE AREA. THE REQUEST IS NOT MERELY FINANCIAL AND OF MOTION. SECOND. SECOND BY COMMISSIONER CRUZ. COMMISSIONER BRAGMAN? UH, YEAH, I'LL BE IN SUPPORT OF THE MOTION. THE, THE NEIGHBORHOOD ASSOCIATION, WHICH IS VERY STRONG IN THAT AREA AND, UH, THE NEIGHBORS ARE IN FAVOR, SO I'LL BE SUPPORTING IT AS WELL. COMMISSIONER CRUZ? UM, YES, I AGREE WITH MY COLLEAGUE. I DON'T SEE ANY PROBLEM WITH THIS. I THINK IT WILL ADD, UH, SOME REAL GOOD FUNCTION TO THAT HOME. GOOD LUCK. THANK YOU. GREAT. ANY OTHER COMMISSIONERS LIKE TO ADD? HEARING NONE? LET'S HAVE A ROLL CALL. VOTE MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ? YES, I CONCUR. MR. SPILLMAN. I CONCUR. MS. LES I CONCUR. MR. MENCHACA? I CONCUR. MR. ZUNIGA. I'LL CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. OH, MR. VASQUEZ. I CONCUR. MR. ZUNO? YES, I CONCUR. CHAIR ORIAN. AND I CAN ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 10 TO ZERO. CONGRATULATIONS. IF YOU HAVE ANY QUESTIONS, YOU CAN TALK TO STAFF. OKAY. THANK YOU VERY MUCH. APPRECIATE IT. UH, NEXT ITEM IS [ Approval of Minutes  ] THE MINUTES. UM, I HAD SOME AMENDMENTS. UM, I'M, I THINK STAFF ALREADY MADE THEM. UH, WAS THERE ANYTHING, ANYBODY ELSE THAT'D LIKE TO HAVE OFFER ANY? NONE. UH, NO, BUT I, I NEED TO ABSTAIN BECAUSE I WASN'T PRESENT AT THAT MEETING. OKAY. AND I'LL TO SAY IT WAS THE MOST DIFFICULT MEETING I'VE EVER ATTENDED IN MY LIFE. SO I'M LOOKING FOR A MOTION TO APPROVE THE MINUTES. WHO WOULD LIKE SO MOVED. ALL RIGHT. COMMISSIONER BRAMAN. WHO'S THE SECOND? SECOND. SECOND BY COMMISSIONER MANNA. HAVE A ROLL CALL. VOTE MS. BRAGMAN? YES, I APPROVE MR. MANNA. I APPROVE MR. SPILLMAN. I APPROVE MR. MIN CHACO. I APPROVE. I APPROVE. MR. ZUNIGA. I CONCUR. MR. VASQUEZ. I CONCUR. MR. ZUNA. I APPROVE CHAIR ORIAN. I APPROVE. AND WITH THAT, UH, [04:20:01] MINUTES HAVE PASSED. AND IS THERE [ Director’s Report  ] ANYTHING FROM STAFF? YES. UM, THEY'RE ACTUALLY INTERVIEWING NEW CANDIDATES FOR ALTERNATES, UM, FOR BOARD OF ADJUSTMENT THIS WEEK. SO HOPEFULLY YOU WILL ALL SOON HAVE SOME ADDITIONAL PARTNERS IN CRIME. WELL, WE'RE WE'RE GETTING AT LEAST THREE RIGHT? FROM FOUR. WELL, I THOUGHT THERE WAS THREE COUNCIL DISTRICTS THAT WE'RE APPOINTING ARE ALTERNATES. NO, WE'RE TALKING ABOUT THE ALTERNATES. THE YEAH, BUT THE THREE COUNCIL APPOINTEES START NEXT TIME FOR SURE. RIGHT? UH, I BELIEVE SO. THEY, I DON'T THINK THEY'VE CHECKED IN WITH US, BUT YEAH. ZACHARY JEAN, ANOTHER ONE. IT'LL BE ONLY, UH, CITY COUNCIL NUMBER TWO. THAT WON'T HAVE ONE. WELL, WE'LL GET TWO THEN WE'LL GET TWO. SO THAT'LL BE ONLY ONE. THAT'S SOMETHING. SO PROGRESS. SLOW. THAT'S PROGRESS. BUT THERE'S PROGRESS. WELL, THANKS EVERYBODY. AND, UH, NEXT TIME WE'LL UH, TRY TO GET OUTTA HERE SOONER. . THANK YOU MR. CHAIRMAN. ADJOURN. OH, WE'RE ADJOURNED. 5 37. * 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.