[00:00:05]
OKAY, SO IT LOOKS LIKE WE HAVE A FORM OF NINE PEOPLE.
UH, BEFORE WE START, UH, WE HAVE A NEW MEMBER TODAY THAT NEEDS TO BE, UH, SWORN IN.
UM, AND, UH, BY ZOOM, I UNDER, UH, WEBEX.
WHERE'S THE, UH, MEMBER PRESENT? ALRIGHT SIR, UH, IF YOU COULD PLEASE, UH, RAISE YOUR RIGHT HAND.
UH, CAN Y'ALL HEAR US WEBEX RESPONSIBILITY? PRESENT.
[00:12:18]
SENIOR.[00:12:21]
SENIOR SENIOR.MANCA VO SENIOR CRUZ KAPLAN, SENIOR VASQUEZ AVENUE,
[00:17:17]
MAY[00:20:16]
MISO, ANNABEL PAMAN AND WEST ROAD AVENUE, CANCER VIVO AND WEST ROSEWOOD AND MONTE VISTA.UH, ROSEWOOD AND IS ROSEWOOD AND IS ROSEWOOD AVENUE VIVO AND SAN ANTONIO TE VISTA
[00:25:53]
AVENUE HEIGHTS PLACE.[00:32:22]
AVENUE, WHITEWOOD VIVO AND MONTE VISTA.[00:35:55]
IS ROSEWOOD.VIVO AND HOLLYWOOD AVENUE, EAST ROSEWOOD, OLSON, BEVO AND WESTWOOD AVENUE.
[00:40:41]
AND IS ROSE AVENUE REED AND[00:45:11]
ROSEWOOD AVENUE.FRENCH PLACE AND VIVO AND THOSE VENTS.
[00:51:01]
PERSONA, JUST OKAY.WANNA START THIS? JAMES LAWSON.
[00:55:30]
CASTILLO.[01:00:11]
AND MONTE VISTA.[01:06:12]
YES.[01:10:30]
I AM SENIOR.[01:16:52]
UH, I ONLY HAVE 20 FEET AND THAT'S WHY I CANNOT PUT 10 FEET.AND AS YOU CAN SEE IN THE, IN THE RENDERING, I NEED TO PUT IN MY VAN.
I AM REALLY WORRIED ABOUT MY MINI VAN.
IF I DO THE PORT, UM, ONLY 10 FEET, HALF OF THE VAN WOULD BE OUTSIDE.
IT'S BECAUSE, UH, THERE'S THE WALL OF MY HOUSE.
MAYBE IT'S BECAUSE THE CONSTRUCTION WAS MADE FROM COATS OF 1973.
BUT THAT'S ALL THE SPACE THAT I HAVE.
I AM WORRIED ABOUT THE STORMS THAT WE'VE HAD THIS YEAR.
WE ONLY HAVE THREE WITHHELD AND THIS IS WHY I WANT TO PROTECT MY VEHICLES.
UM, SO I SPOKE WITH THE NEIGHBORS IN THE NEIGHBORHOOD AND THEY DIDN'T UNDERSTAND WHY I CAME UP TO THEM.
THEY SEEM NOT TO HAVE A PROBLEM.
I HAVE THREE UH, FEET, FOUR INCHES.
AND ON THE OTHER SIDE I HAVE, UH, 14 FEET.
IS ANYONE CENTER DISPUTE? NO PUBLIC COMMENT.
OKAY, SO WE'RE GONNA OPEN THIS UP TO QUESTIONS.
UH, YOU ASKED THE APPLICANT, SHE'S SAYING THAT SHE'S 20 FEET GARAGE TO THE PROPERTY LINE.
THE APPLICATION LOOKS LIKE SHE'S ASKING FOR A 18 FOOT CARPORT.
I WAS SPEAKING WITH A PERSON WHO WAS GONNA DO THE CONSTRUCTION AND HE SAID THAT IF FOR ANY REASON THE PERSONAL, UM, THE STAFF FROM THE CITY NEEDS TO WORK ON THE OUTSIDE ON THE DRAINAGE OR ON THE, ON THE SIDEWALK, THEY WOULD AT LEAST HAVE TWO FEET OF SPACE SO THEY CAN WORK ON IT.
THE APPLICATION IS FOR A NINE FOOTS FOR HARPER TO BE
[01:20:01]
PROPERTY LINE.BUT THE APPLICANT IS SAYING THAT TWO FEET OF LINE IS ADEQUATE.
IS THAT I'M RESPECTING THE, THE LINE, THE PROPERTY LINE.
BUT THE PART FOR, UM, THE PORCH SAID, UH, TWO FEET INSIDE.
SO HE CAN PUT THE FIRST POST, OVERHANG THE OTHER TWO FEET, BUT THE POST WOULD BE 18 FEET AWAY, UH, FROM THE ROGER.
BUT THEN THERE'D BE A TWO FOOT OVERHANG.
IS THAT WHAT YES, THE OVERLAY WILL TAKE THE 20 FEET, BUT THE, THE, THE POLE WOULD BE TWO FEET INSIDE.
'CAUSE THAT'S THE ONLY WAY THAT THE VAN GETS COVERED.
MY LA MY LAST QUESTION IS, IS COVER DEPTH THAT SHE CAN LIVE IN, IF YOU CAN PUT THE PICTURE WITH THE VAN ON IT.
UH, THAT'S EXACTLY THE, THE, THE SPACE THAT IT'S NEEDED.
UH, ANY OTHER, ANY OTHER QUESTIONS? CRUZ? MR. CRUZ? JOHNSON? SO, UM, MA'AM, ARE YOU, CAN YOU, UH, ON THE PICTURE HERE, WHICH IS HER PROPERTY, THE ONE ON THE RIGHT WITH THE GREEN OR THE ONE ON THE LEFT? THE ONE ON THE GREEN.
THAT'S WHAT I THAT ALRIGHT, THANK YOU MR HAN.
SO CAN YOU ASK HER IF A BUILDER OFFERED HER AN OPTION, THREE FEET BACK, FOUR FOOT, WHAT WOULD THAT DO? THE POST MOVING BACK? I DON'T KNOW HOW STRONG THAT WOULD BE.
I DON'T KNOW THAT WOULD BE STRONG ENOUGH.
I DON'T HAVE A PROBLEM WITH IT, BUT IF IT'S STRONG, STRONG ENOUGH TO PULL THE, THE ROOF, THAT WOULD, THAT WOULD BE FINE.
UM, WHAT TYPE OF MATERIAL, UM, IS THE CARPORT TO BE MADE OUT OF? METAL AND THEN AS FAR AS THE, UM, THE DESIGN, IS IT GONNA BE A FLAT ROOF ACROSS THE WHOLE THING OR IS IT GONNA BE PITCHED AND THEN FLAT AND THEN IT'LL BE, UH, FLAT AND FACING TOWARDS THE STREET THEN? AS FAR AS ANGLED A LITTLE BIT MAYBE YEAH.
AND THEN SO, SO PART OF THE DIALOGUE ON THE POST THAT, UH, FISHER HERE WAS TALKING ABOUT IS, UM, YOU COULD HAVE OVERHANG THAT'S REALLY NOT INCLUDED WITH REGARDS TO THE, UM, THE SETBACK.
AND SO, SO IF WE WERE TO GRANT YOU A TWO FOOT, UM, VARIANCE, THEN THAT WOULD ALLOW FOR YOU TO PUT IN, UH, A TWO FOOT OVERHANG AND STILL BEING COMPLIANT.
DOES THAT MAKE SENSE WHAT WE'RE SAYING? SO BY GRANTING A, UM, A TWO FOOT VARIANCE AND THE APPLICANT STATED THAT SHE'S LOOKING FOR A TWO FOOT OVERHANG, SHE WOULD STILL BE IN COMPLIANCE.
UH, SO, SO HAS TO BE TOWARDS THE FRONT.
SO SHE WON'T BOTHER ANY NEIGHBOR.
IT'S MORE ABOUT WHERE THE POSTS ARE PLACED.
AND SO, SO, SO SHE, SHE TALKED ABOUT A TWO FOOT OVERHANG.
IF WE GIVE HER A TWO FOOT VARIANCE, SHE'LL BE ABLE TO
[01:25:01]
ACCOMPLISH WHAT SHE'S LOOKING TO ACCOMPLISH.ALRIGHT, UH, ANY OTHER COMMISSIONER? UH, HEARING NONE FOR A MOTION REGARDING CASE NUMBER BO A 2 3 1 0 3 0 0 0 7 3 MOVE TO THE BOARD OF ADJUSTMENT GRANT REQUEST FOR A EIGHT FOOT VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE TWO FOOT FROM THE FRONT PROPERTY LINE SITUATED AT 9 6 1 4 BRATTON DRIVE.
APPLICANT BEING ESTHER CASTILLO BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UC AS EMITTED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY YOU FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST.
THE FRONT SETBACK CANNOT BE MET DUE TO THE UNIQUE CIRCUMSTANCES THAT EXISTING ON PROPERTY, SUCH AS THE SIZE OF THE LOT AND LOCATION OF THE MAIN STRUCTURE AND SO NOT CONTRARY TO PUBLIC INTEREST.
TWO, DUE TO SPECIAL CONDITIONS OF LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT, WOULD RESULT IN UNNECESSARY HARDSHIP.
A ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT COULD NOT BUILD A CARPORT CONFORMING TO THE CODE.
THREE, BY GRANTING THE VARIANCE THAT 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 OF THE LAW.
REDUCING THE FRONT SETBACK OF WOULD REQUIRE SET WOULD NOT INJURE NEIGHBORING PROPERTIES DUE TO UNIQUE CIRCUMSTANCES OF PROPERTY SUCH AS THE SIZE OF A LOT OF THE HOMES BEING SIMILAR TO TOWN DEVELOPMENT.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION USE OTHER AUTHORIZED IN THE ZONING DISTRICT SUCH AS VARIANCE LOCATED NO OTHER USES.
THOSE ALLOWED WITHIN THE DISTRICT WILL BE SUCH VARIANCE, WILL NOT SUBSTANTIALLY ADJACENT PERFORMING THE PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, WHICH IS LOCATED DUES.
FRONT SETBACK DID NOT INJURE NEIGHBOR DUE TO UNIQUE CIRCUMSTANCES.
THIS PROPERTY SUCH AS THE SIZE OF THE LOT AND LOCATION MAIN STRUCTURE SIX APPLIED TO THE PROPERTY HEIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT REALLY FINANCIAL.
THEY'RE NOT DUE TO THE, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH IS PROP LOCATED STAFF FINDS ALIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE REDUCED FRONT SETBACK VARIANCE DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS THE SIZE AND LOCATION OF THE MAIN TRUCTURE.
COMMISSIONER MAY, YES, I'LL BE SUPPORTED THIS, UM, AS AMENDED WITH THE TWO FOOT.
I THINK THAT, UH, PER THE APPLICANT'S DIALOGUE HERE, IT'LL MEET, UH, THE REQUIREMENTS THAT, UH, SHE'S LOOKING FOR AND ALSO DRIVING DOWN THE STREET.
UH, THERE ARE A LOT OF STRUCTURES THAT ARE, AND ALSO WITH THE RUNOFF AS DEFINED, IT WON'T IMPACT.
SO I'LL BE THANK YOU COMMISSIONER CRUZ.
I THINK THAT, EXCUSE ME, SHOULD BE MORE THAN ANY OTHER COMMISSIONERS LIKE TO ADD.
LITTLE ISSUE WITH THIS FINDING FOR THREE FEET.
UH, WOULD YOU LIKE TO OFFER A FRIENDLY AMENDMENT FOR THREE FOOT VARIANCE? AMENDMENT FOR THREE? I'LL ACCEPT IT.
COMMISSIONER CRUZ, DO YOU ACCEPT THIS A SECOND? YES, SIR.
SO THE MOTION HAS BEEN AMENDED TO BE OF SEVEN FOOT VARIANCE TO ALLOW A POST TO BE THREE FEET FROM THE PROPERTY LINE.
IS THERE ANY COMMISSIONER, OTHER FURTHER COMMISSIONER DISCUSSION? HEARING NONE.
I, I LIKE THE IDEA OF THE THREE FEET.
AND WITH THAT, I'M LOOKING FOR A WHAT CALL? I CONCUR WITH THE FACT BRUCE.
I AGREE WITH, I AGREE WITH THE AMENDED, UH, UH, CONCUR CHAIR ORIAN AND I ALSO GO WITH THE FINDINGS OF FACT MOTION PASSES.
UH, IF YOU COULD PLEASE, UH, UH, TELL THE APPLICANT THAT SEVEN FOOT BEARINGS TO, SO THE CAN'T BE ANY CLOSER THAN THREE AND YOU COULD STILL HAVE A SLIGHT OVERHAND THINK DIDN'T UNDERSTAND.
[01:30:01]
HAVE ME EXPLAIN TO YOU ITEM FOUR, AGENDA ITEM FOUR, VO 8 23 1 0 3 0 0 0 7 5.BROKEN COUNCIL DISTRICT FOUR, APPLICANT IS AV UH, ASKED ME FOR
[01:39:03]
CON CON.SENIOR MANCHACA CON SENIOR CON SENIOR CON SENIOR KAPLAN CON, SENIOR VASQUEZ CON CON
[01:41:48]
I AM HEARING, THANK YOU VERY MUCH.IS THAT THE APPLICANT COME FORWARD.
HI, IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE.
[01:45:04]
WHAT IT LOOKS LIKE.YEAH, WHAT HAPPENS IS APPLY FOR, UH, TRADE PERMITS.
THESE PERMITS, SOMETIMES A SITE REVIEW.
SO, UH, I GUESS STAFF FOUND OUT ABOUT THIS BY COMPLAINT OR THE FOUNDATION PERMIT.
IT'S THE PERMITTING HER, HER PERMITTING TRIGGERED THE LOOK AT THE SETBACK.
ALRIGHT, SO IF WE'RE GONNA OPEN THIS UP TO QUESTIONS, IS THERE ANY QUESTIONS FOR THIS COMMISSIONER CRUZ THEN AND KAPLAN.
UM, THE PICTURE THEY'RE SHOWING, WE'RE LOOKING AT NOW THAT'S THE FRONT OF THE PROPERTY.
DO WE HAVE ANY PICTURES OF THE BACK OF THE PROPERTY SINCE THAT'S MOSTLY WHAT'S IN QUESTION? I CAN, CAN YOU DO THE GOOGLE EARTH MAP SO THEY CAN SEE IT? IT LOOKS LIKE FROM IMAGERY ON, ON GOOGLE EARTH THAT THERE WAS NOTHING THERE AROUND 2001, 2002.
AND THEN IN 2003 IT DOES SHOW A STRUCTURE THAT WAS PROBABLY BUILT WITHOUT A PERMIT.
IT WAS SMALLER THAN WHAT THE FOOTPRINT THEY HAVE NOW.
I'M ASSUMING THAT'S WHAT SHE'S SAYING, THAT THAT'S WHEN THEY ADDED ONTO THE LAUNDRY ROOM.
BUT YOU ENCLOSED IT, RIGHT? YEAH, THAT'S WHAT I MEANT.
THAT'S WHAT WE WANT TO LOOK AT BECAUSE THAT'S WHAT WE'RE TRYING TO FIGURE OUT.
WHY IS IT SO CLOSE TO THE BACKYARD? IT APPEARS IT WAS BUILT NOT ON A FOUNDATION, IT WAS JUST APPLICANT IS TRYING TO GET PERMITS.
SO, UH, I THINK WE MENTIONED THIS EARLIER, BUT SOMETHING THERE ALREADY IN THE POSITION JUST BUILT OVER IT.
YOU DIDN'T EXTEND THE HOUSE ANYMORE TO THE BACK, NOR TO THE SIDE, BUT YOU CAME TO THE FRONT AND JUST FOR THE LAUNDRY ROOM, CORRECT? THANK YOU MR. KAPLAN.
UH, WE CAN'T, WE CAN'T HEAR YOU MR. KAPLAN, CAN YOU HEAR ME NOW? YES.
OKAY, SO IS IT THAT, IS IT POSSIBLE THAT THIS STRUCTURE WAS A ASSOCIATED WITH THE HOUSE RIGHT BEHIND IT? LIKE MAYBE IT WAS A WORKSHOP SINCE IT HAD ELECTRICITY AND NO PLUMBING AND THAT'S WHY IT'S BUILT SO CLOSE TO 10 LINE? I DON'T KNOW, I JUST, I QUESTION IS THAT, IS THAT WHY IT'S THERE? OBJECTION.
OR ACTUALLY, CAN YOU HAND IT TO OBJECTED ON THE SCREEN IF, DID SOMEBODY LIVE IN THIS HOUSE WITH NO PLUMBING OR WATER? THE NEIGHBOR SAID MAAM.
SO ONE OF THE QUESTIONS THAT WE TALKED ABOUT ARE HARDSHIPS AND SO, UH, WHAT WOULD IT TAKE DO YOU THINK, TO ACTUALLY MOVE THE STRUCTURE FORWARD BY, UM, BY, BY 15 FEET? WELL, I KNOW WE, WE HAVE MOVED HOUSES BEFORE, SO, BUT, BUT YOU KNOW, YEAH, SO IT IS CERTAINLY A LOT OF WORK THAT'S, SORRY NEIGHBOR.
UM, PART OF THE REASON WHY, UH, YOU KNOW, IT'S, IT'S A KIND OF A HEALTH AND SAFETY KIND OF, UM, DIALOGUE.
AND SO WHEN YOU HAVE HOUSES CLOSE TO OTHER STRUCTURES, UM, IT ALLOWS FOR LIKE FIRE SPREAD AND THOSE KIND OF THINGS.
AND THAT'S KIND OF WHY IT'S THAT WE HAVE A LOT OF THOSE DIALOGUES IS JUST, JUST TO MAKE SURE THAT EVERYONE'S SAFE.
AND THAT'S, THAT'S KIND OF WHY.
UH, STAFF, UH, YOU IN THE APPLICATION, THE, THE, THEY'RE
[01:50:01]
ASKING FOR A, UH, FOUR FOOT, FOUR FOOT, TWO INCH FROM THE REAR PROPERTY LINE.NOW ON THE SURVEY IT SHOWS THAT IN THE VERY BACK AND THE CENTER, THERE'S A SMALL COVERED AREA.
IS THAT WHERE THE FOUR FOOT TWO IS MEASURED TO? UH, WE SHOULD HAVE A PICTURE OF EXACTLY WHERE WE MEASURED FROM.
PULL IT UP RIGHT NOW, BUT THIS IS THE STRUCTURE THAT WE'VE MEASURED TO.
UM, ARE YOU, ARE YOU HAVING, UH, ALONG THE REAR, ARE YOU MAKING IT THE ENTIRE WALL ALONG THE REAR OR ARE YOU HAVING THAT LITTLE POP OUT THAT CURRENTLY SHOWS ON YOUR SO IT'S GONNA BE A COMPLETE FULL RECTANGLE IN THE BACK.
SO BECAUSE YOU ARE ENCLOSING THE LAUNDRY ROOM, IF YOU WERE TO GET RID OF THAT LAUNDRY AREA, LET'S SAY HAVE YOUR HOUSE BE 10 FEET FROM YOUR REAR, THAT WELL, I MEAN YOU COULD DENY IT OUTRIGHT.
THE REASON WHY IS THIS, YOU NEED ALL NINE OF US TO VOTE FOR THIS, UH, FOR IT TO PASS.
BUT YOU KNOW, IF THE REQUIREMENT IS IS, UH, 20 FEET AND YOU'RE TRYING TO GET FOUR FOOT TWO, IT'S, IT'S WHY, UH, WE'RE WONDERING WHAT YOU COULD, WHAT YOU COULD DO THAT IS FINANCIAL, UH, FINANCIALLY ACCEPTABLE, BUT YET STILL GIVE AS MUCH ROOM AS POSSIBLE FOR US TO CONSIDER.
IS THERE ANY AMOUNT THAT, UH, KNOCK IT BACK.
SO, SO ONE QUESTION I GUESS I WOULD HAVE IS, IS IT POSSIBLE TO SWING THE LONGER ROOM TO THE SIDE OF THE FACILITY, UM, AND DO A BUILD OUT ON THE SIDE? BECAUSE IT LOOKS LIKE THERE'S SOME, THERE IS SPACE ALONG THE SIDE OF THE PROPERTY.
SO RATHER THAN HAVE IT ON THE BACKSIDE, HAVE IT ON THE SIDE OF THE BUILDING SO THAT WAY YOU'D BE ABLE TO STILL HAVE YOUR LAUNDRY ROOM THERE.
BUT IS THAT RIGHT COMMISSIONER MAN TRYING TO WORK WITH YOU? YOU SAID YOU HAD NO PLUMBING YET, IS THAT CORRECT? I SEE.
BUT HE CAN STILL GET UNDER THE HOUSE IF IT'S ON, IT'S ON PI RIGHT HERE.
SO THE LAUNDRY ROOM ON ONE SIDE OF THE HOUSE LIFT ONE WAY OR THE OTHER SIDE OF THE KITCHEN, WHATEVER, THAT'S STILL TOO HARD TO DO.
ANY OTHER QUESTIONS? ONE MORE.
SO BASICALLY WHAT I'M GETTING AT IS, UH, THE ROOM THAT YOU ALLOW ON THE BACK A LITTLE PORCH WITH A WASHER AND DRYER, NO WAY YOU CAN MAYBE FOUR FEET BECAUSE I THINK MOST THINGS ARE ABOUT THREE AND A HALF FEET, SOMETHING LIKE THAT.
ALRIGHT, IS ANY OTHER QUESTIONS BRING NONE? UH, WE, SO I'M LOOKING FOR, UH, WE'RE, WE'RE GONNA ENTERTAIN A MOTION AT THE TIME BECAUSE THERE'S NO PUBLIC COMMENTARY, CORRECT? THERE'S NO PUBLIC COMMENTARY.
SO WE HAVE A MOTION FOR A CLEAR VISION AND WE HAVE A MOTION FOR REAR SETBACK.
UH, IF A COMMISSIONER WOULD LIKE TO BREAK IT TWO, THAT'S FINE.
OR IF SOMEBODY, UH, WOULD LIKE TO OFFER A MOTION AT, AT EITHER WHAT'S BEING REQUESTED, WE CAN AMEND IT TO GO LIKE THAT.
WELL, I, I, I BRIEFLY TOUCHED ON THAT.
[01:55:01]
PULLS A PERMIT, HE'S ASKING TO DO SOME PLUMBING WORK AND STAFF DOESN'T DO SITE PLAN ANALYSIS OR SITE PLAN REQUESTS FOR TRADE PERMITS.LIKE, BUT WHEN YOU START PULLING FOUNDATION PERMITS AND START TURNING IN ENGINEER'S LETTERS, THEN THOSE SORT OF ISSUES ARE APPROPRIATE AND SOMETIMES THEY'RE, THEY'RE CAUGHT, UH, A LITTLE LATER.
UM, BUT, UM, IF YOU WOULD'VE APPLIED FOR A FULL INSTRUCTION PERMIT INSTEAD OF A BUNCH OF DIFFERENT TRADE PERMITS THAT WOULD'VE BEEN LOOKED AT IMMEDIATELY.
WELL, IT ALSO DEPENDS ON HOW IT WAS SUBMITTED TO THEN A LOT OF LITTLE THINGS THAT GO ONE WAY OR ANOTHER.
SO WHAT'S GONNA HAPPEN IS, UH, WE'RE GONNA ENTERTAIN A MOTION, UH, FOR, FOR WHAT YOU'RE REQUESTING AND WE'LL SEE IS OUT REGARDING CASE NUMBER BO A 2 3 1 0 3 0 7 6.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT JURY REQUEST FOR A 10 FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW STRUCTURE TO BE ONE FOOT FOUR INCH OVERHANG WITH A 10 FOOT FROM THE REAR PROPERTY AND BE 10 FOOT FROM THE REAR PROPERTY LINE.
AND TWO, A THREE FOOT EIGHT INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A FENCE TO BE 11 FEET.
FOUR IS FROM THE FRONT DRIVEWAY SITUATED AT 4 4 2 ORTEGO, APPLICANT BEING LETICIA
SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST.
PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
THEIR POST STRUCTURE WITH A ONE FOOT FOUR INCH OVERHANG WOULD ONLY BE 10 FOOT FROM THE REAR SETBACK LINE.
IT IS EXISTING AND WOULD NEED TO BE MOVED TO MEET THE REAR SETBACK DEPARTMENT, WHICH IS NOT CONTRARY TO PUBLIC INTEREST.
ADDITIONALLY, THE APPLICANT IS REQUESTING A THREE FOOT EIGHT INCH VARIANCE FROM THE MINIMUM 15 FOOT REAR CLEAR VISION REQUIREMENT TO ALLOW A FENCE TO BE 11 FOOT FOUR INCHES FROM THE FRONT DRIVEWAY.
IN THIS CASE, A PREDOMINANTLY OPEN FENCE DOES NOT IMPEDE VEHICLES FROM ENTERING OR EXITING THE PROPERTY.
STAFF FINDS THAT THIS REQUEST IS NOT CONTRARY AS THIS DISTANCE DOES NOT PROPOSE ANY SAFETY ISSUES.
TWO, DUE TO SPECIAL CONDITIONS THAT LITTLE ENFORCEMENT OF THE U D C OR THE OTHER ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD BE REQUIRED TO RELOCATE THE STRUCTURE TO MEET THE MINIMUM REAR SETBACK REQUIREMENT.
ADDITIONALLY, ALTERING THE FENCE TO MEET THE MINIMUM 15 FOOT DISTANCE REQUIREMENT AS THIS WOULD CREATE AN UNNECESSARY HARDSHIP AS OFFENSE IS FREE.
BY GRANTING THE VARIANCE, THE SPARE OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPARE OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW, REDUCING THE REAR SETBACK REQUIREMENT FOR NOT INTERM PROPERTIES AS THERE ARE EXISTING STRUCTURES IN THE REAR OF OTHER NEIGHBORING PROPERTIES.
ADDITIONALLY, THE FENCE IS CURRENTLY FOUR INCHES FROM THE FRONT DRIVEWAY.
STAFF FINDS THE SPARE OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS A REQUIRED VARIANCE AS ADEQUATE SITE DISTANCES PRESENTED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZING THE ZONING DISTRICT, WHICH IS LOCATED NO OTHER USES.
THEN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCES ARE NOT SUBSTANTIALLY INJURED.
THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALL THREE ESSENTIAL CHARACTER OF THE DISTRICT OF WHICH PROPERTY IS LOCATED.
THE REDUCED REAR SETBACK WOULD NOT INJURE MOVING PROPERTIES AS THERE IS AN EXISTING STRUCTURE IN THE REAR OF THE MOVING PROPERTY.
ADDITIONALLY, THE DISTANCE WILL MAINTAIN 11 FEET FOUR INCHES FROM THE FRONT DRIVEWAY, WHICH NOT ESSENTIAL CHARACTER OF THE DISTRICT UPON SITE THAT STAFFED THERE OTHER FRONT YARDS, PREDOMINANTLY OPEN FENCE IN THE NEW VICINITY.
SIX, APPLY TO THE OWNER OF THE PROPERTY WHICH IS SOUGHT DUE TO UNIQUE CIRCUMSTANCES, EXISTING PROPERTY AND UNIQUE CIRCUMSTANCES NOT CREATED BY THE PROPERTY, NOT FINANCIAL, NOT DUE RESULT OF GENERAL COMMISSIONS IN THE DISTRICT.
WHICH PROPERTY LOCATED LOCATED STAFF LINE SUPPLI OF THE OWNER OF THE PROPERTY FOR WHICH IT SOUGHT DOES NOT, DOES NOT APPEAR TO BE MADE FINANCIAL IN THE MOTION.
SECOND BY COMMISSIONER BRAGMAN.
SO, UM, I DID ADJUST THIS BACK TO THE 10 FOOT LINES SIMPLY 'CAUSE I, I, YOU KNOW, I THINK THAT THERE ARE SOME OPTIONS FOR YOU WITH REGARDS TO WHERE TO PLACE THE UTILITIES ON THE BACK OF THE HOUSE.
AND SO I THINK THAT DOES GIVE YOU ADEQUATE SPACING.
WE PROVIDE FOR ADEQUATE SPACING FOR, UM, HEALTH AND SAFETY OF THE NEIGHBOR, NEIGHBOR PROPERTIES.
UM, AND I AND I THINK THAT YOU DO HAVE A FEW OPTIONS HOPELY BE ABLE TO ACCOMPLISH WHAT YOU'RE ACCOMPLISH.
MA'AM, WE'RE WE'RE, WE HAVE A QUESTION WE'LL ASK YOU CAN COMMISSIONER BRACKMAN, I, ARE THERE ANY OTHER COMMISSIONS YOU COULD ADD? UH, I'M GONNA GO AHEAD AND ADD THAT, UH, I'M IN FAVOR OF
[02:00:02]
10 FEET.UH, THE REASON WHY IS, UH, HOUSES TO THE LEFT AND TO THE RIGHT OF YOU ARE BUILT PRETTY CLOSE TO THE, TO THE FENCE COMPARED TO SOME OF THE OTHER HOMES HAVING YOUR HOME SET A LITTLE BACK FACE.
UH, SO I'M NOT OPPOSED TO IT BEING SAID A LITTLE FURTHER BACK, BUT, BUT FORTUNES IS CLOSE, ESPECIALLY WHEN THE NEIGHBOR HAS VERY CLOSE TO THE, UH, IT'S, IT'S FOR FIRE PROTECTION.
IT'S FOR, AND I THINK IT'S A, IT'S A, SO I CAN WITH CLEAR VISION A CALL, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR AND I CONCUR WITH THE FINDINGS OF FACT.
UH, PLEASE GET THE STAFF, THEY'LL EXPLAIN WHAT HAPPENED.
BUT WHAT WE DID WAS WE'RE ALLOWING YOU TO BUILD UP TO 10 FEET TO THE REAR.
THIS MEETING, THE 20 FOOT SETBACK HALFWAY FOR YOU PARTICULAR CASE.
UH, BUT IF YOU DO HAVE ANY QUESTIONS, ALRIGHT, IT'S THREE 11.
DOES ANYBODY LIKE A BREAK? YEAH.
SO WE'RE GONNA TAKE A BRIEF, UH, BREAK, ABOUT SEVEN MINUTES OR SO, BEING ABOUT SEVEN OR EIGHT.
I'M GONNA BRING US BACK INTO SESSION.
[02:06:28]
PEDRO AMERICAN,[02:12:27]
A SEVEN[02:15:25]
CONMAN SENIOR CON CON SENIOR CON SENIOR RITA CRUZ CON, SENIOR VASQUEZ CON, SENIOR CONMAN CON.SENIOR GENTLEMAN CON SENIOR CON SENIOR CAR CONCUR.
SENIOR KAPLAN CON, SENIOR VASQUEZ CON
[02:20:19]
OUTREACH PROGRAM.[02:26:31]
SENIOR SPELMAN CON.[02:30:39]
CONMAN CON SENIOR CON SENIOR CARDO CONCUR.SENIOR KAPLAN CON VASQUEZ CON, AMERICAN GI FORUM, NATIONAL VETERANS OUTREACH PROGRAM.
[02:37:27]
THE WELFARE CON CRUZ CON, SENIOR SPIELMAN CONCUR.SENIOR CON, SENIOR CAR CONCUR.
SENIOR VASQUEZ CONMAN CON IS AMERICAN GI FORM FOR NATIONAL BEDROOMS OUTREACH PROGRAM, INC.
[02:41:09]
FROM KAPLAN CON SENIOR SPELLMAN CONCOR.SENIOR CONCOR SENIOR CRUZ C CONCOR.
[02:45:38]
THIS, UH,[02:55:40]
SENIOR[02:55:41]
KAPLAN CON, SENIOR SPILLMAN YO CON, SENIOR MAN CHAKA CON.[03:05:08]
CRUZ.[03:05:29]
CRUZ CON.SENIOR KAPLAN CONCHO SENIOR VASQUEZ.