* 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. [00:00:02] THE TIME. THE TIME IS ONE O'CLOCK. UH, THE BOARD OF ADJUSTMENTS, UH, MEETING WILL COME TO ORDER. UM, PLEASE BE KIND ENOUGH TO SILENCE IT ALL. MOBILE DEVICES. THE MEETING OF THE BOARD OF ADJUSTMENTS WILL COME TO ORDER. UH, STAFF PLEASE CALL ROLL. MR. S SPILLMAN. PRESENT. MR. CODDLE? PRESENT. MR. MENCHACA? PRESENT. MS. HAYES? PRESENT. MS. CRUZ? HERE. MR. ZUNIGA. MR. MANNA PRESENT. MS. BROWN? HERE. MR. VASQUEZ? PRESENT. MS. BRAGMAN? PRESENT. MR. OZUNA? PRESENT? MR. BOEZ? PRESENT? CHAIR ORIAN. CHAIR ORIAN, WE DON'T HEAR YOU MR. ORIAN. OKAY. CAN WE DO A THUMBS UP ON HIM AND I CAN GET ROLLING ON THIS PART WHILE WE, IF, UH, IF YOU CAN GIVE US A THUMBS UP. MR. ORIAN, CAN YOU HEAR US? MR. ORIAN? OKAY. THUMBS UP. THERE YOU GO. . ALRIGHT, PLEASE STAND AND JOIN US IN THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES AND TEXAS. BEFORE WE [ Briefing and Possible Action on the following items  ] PROCEED WITH TODAY'S CASES, I WOULD LIKE TO OFFER A FEW WORDS OF EXPLANATION. THE BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS. FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY THE DIRECTOR'S REPORT. LASTLY, AS CHAIR, I WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS. I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS THE CHAIR AND I WILL READ THEM AS APPROPRIATE TIME IN THE MEETING. WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL. THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF COMPETENT IN THE RULES OF 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. DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEF DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE AS AN ADVISORY AND APPELLATE CAPACITY TO THE DISTRICT TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM YOUR REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28. IN ADDITION, WE HAVE POWERS TO HEAR THE CASES AND ANY OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY DECISION OR RECOMMENDATION OF THE BOARD MUST BE PA BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS, THE APPLICANT OR HIS REPRESE, HIS OR HER REPRESENTATIVE WILL PRESENT THE PETITION AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD. ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER AFTER EVERYONE HAS BEEN HEARD IN 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 THE MOTION TO CARRY. IT REQUIRES A CONCURRING VOTE OF 75% OF TOTAL BOARD MEMBERS, WHETHER ARE PRESENT OR NOT, WHICH IS NINE VOTES. THE BURDEN OF PROOF IN GRANTING THE RELIEF SOUGHT RE RESTS WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS ON WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM ADMINISTRATIVE OFFICIALS. SPECIAL EXCEPTION OF VARIANCES ARE MADE TO THE DISTRICT COUNTY COURT AT LAW. BASED ON THE RECORD OF THESE PROCEEDINGS APPEALS FROM THE BOARD'S DECISION REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. PLEASE LIMIT YOUR PRESENTATION REMARKS TO THE PERTINENT FACTS IN [00:05:01] YOUR CASE. UH, WE HAVE A NUMBER OF CASES HERE TODAY, SO, UH, PLEASE, PLEASE, UH, LIMIT YOUR REMARKS TO THE CASE AND BE AS SPECIFIC AS POSSIBLE. UM, UM, I WILL ASK STAFF NOW TO MAKE A SHORT PRESENTATION AND GOOD AFTERNOON. THE STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF A REQUEST. PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE FOR SPECIAL EXEMPTION OR APPEAL AND THE PROPERTY WITHIN 200 FEET OF THE SUBJECT PROPERTY CHECK MARKS INDICATE THOSE PROPERTY OWNERS IN FAVOR OF THE REQUESTS X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION FOLLOWING THIS PRESENT. ANY PRESENTATION, ANY QUESTIONS ABOUT THE BOARD, APPLICANT WILL PRESENT THEIR REQUEST. FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST A PROPOSED VARIANCE, SPECIAL EXEMPTION OR APPEAL, YOU'LL BE CALLING AN ORDER THAT YOU SIGNED UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM THREE MINUTES PER SPEAKER AND YOU WILL NOT BE OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION. FOR THOSE THAT WOULD LIKE TO GIVE UP THEIR TIME FOR THE SPEAKER, THAT SPEAKER WILL BE ALLOWED A MAXIMUM TO MATCH ON TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES. THOSE GIVING UP THEIR TIME MUST BE PRESENT AND SIGN UP TO SPEAK. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH THREE MINUTE TIME LIMIT, ALONG WITH OPPORTUNITIES TO ADDRESS THE BOARD. QUESTIONS. UH, JUST TO CLARIFY, IF YOU ARE GIVEN UP ATI YOUR TIME TO SOMEBODY ELSE, YOU MUST BE PRESENT. AND WHEN YOUR NAME IS CALLED, YOU MUST TELL US WHO YOU'RE GIVING UP YOUR TIME TO. UH, THANK YOU CHAIR. THANK YOU. UH, WE HAVE A SPANISH INTERPRETER. PLEASE COME FORWARD AND, UH, MAKE YOURSELF AVAILABLE IF YOU NEED SPANISH INTERPRETATION. DO WE HAVE A SPANISH INTERPRETER ALSO WHILE WE'RE WAITING FOR THE SPANISH INTERPRETER? UM, CAN THOSE ON WEBEX HEAR US HAVE THEM TALK TO US SO WE CAN. AND CAN YOU PLEASE DO A SOUND CHECK VERY QUICKLY TO MAKE SURE WE CAN HEAR YOU? CAN YOU ALL HEAR ME PERFECT? YES, SIR. MS. HAYES? YES, MS. HAYES, CAN YOU HEAR? GREAT. THANK YOU. GOOD AFTERNOON COMMISSIONERS. THANK YOU. THANK YOU, UH, STAFF. LET'S BEGIN WITH THE FIRST CASE. ITEM NUMBER SIX IS BO O A DASH 23 DASH 1 0 3 0 0 0 9 7. ADDRESS IS 1 8 2 3 WEST CRAIG PLACE IN CITY COUNCIL DISTRICT NUMBER SEVEN, APPLICANT BEING ROBERT BENKE. AND THE REQUEST IS FOR A 13 FOOT EIGHT INCH VARIANCE FROM THE MAXIMUM NCD EIGHT FRONT FACING FACADE WIDTH OF 50 FEET TO ALLOW A FRONT FACING FACADE WIDTH OF 63 FEET, EIGHT INCHES AND 2 8 3 FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT REAR SETBACK REQUIREMENT TO ALLOW CARPORTS TO BE ONE FOOT SIX INCHES FROM THE REAR PROPERTY LINE. AND THE CURRENT ZONING IS R FOUR. THE SUBJECT PROPERTY IS LOCATED ALONG WEST CRAIG PLACE NEAR THE WOODLAWN LAKE AREA. CURRENTLY THE FRONT FACADE MEASURES AT 56 FEET AND THE LOT MEASURES 100 FEET IN WIDTH. A VACANT SINGLE FAMILY DWELLING IS PRESENTLY THERE. THE APPLICANT RECENTLY WENT THROUGH A ZONING CHANGE TO ALLOW FOR FOUR DWELLING UNITS, UM, AND THE APPLICANT IS ANTICIPATING EXPANDING THE PRESENT STRUCTURES, FRONT FACADE TO 63 FEET, EIGHT INCHES TO ALLOW FOR THE ADDITIONAL UNITS. THE SUBJECT PROPERTY IS ALSO LOCATED WITHIN THE WOODLAWN LAKE AREA NEIGHBORHOOD CONSERVATION DISTRICT, WHICH CAPS FRONT FACADES AT 50 FEET. AND THIS IS THE SITE PLAN AND THE SUBJECT PROPERTY AND THE SURROUNDING AREA. STAFF RECOMMENDATION FOR THE FRONT FACADE, WIDTH AND REAR SETBACK VARIANCES, STAFF RECOMMENDS DENIAL OF BO O A DASH 23 DASH 0 3 0 0 9 7. BASED ON THE FOLLOWING, ONE, STAFF FINDS THE FRONT FACADE REQUEST AS CONTRARY AS CONSERVATION DISTRICT GUIDELINES SERVE AS A PLANNING TOOL TO GUIDE FUTURE DEVELOPMENT TO PROTECT THE NEIGHBORHOOD CHARACTER. AND TWO, THE ANTICIPATED REAR SETBACK DISTANCE ALLOWS FOR MAINTENANCE TO BE LIMITED AND IS TOO CLOSE TO THE ABUTTING PROPERTY LINE. AND THIS IS THE NOTIFICATION PLAN. STAFF MAILED OUT 29 NOTICES TWO, RETURN IN FAVOR WITH NINE OUTSIDE THE 200 FEET. UH, FIVE RETURNED IN OPPOSITION WITH 11 OUTSIDE THE 200 FEET. AND LASTLY, WOODLAWN LAKE NEIGHBORHOOD, OR I'M SORRY, WOODLAWN LAKE COMMUNITY ASSOCIATION IS IN OPPOSITION. JEFFERSON AND MONTICELLO PARK ARE ALSO IN OPPOSITION, HOWEVER, ARE OUTSIDE THE 200 FEET. AND THIS IS THE NEIGHBORHOOD ASSOCIATION RESPONSE FROM THE WOODLAWN LAKE COMMUNITY ASSOCIATION. AND THE NEXT COUPLE OF SLIDES ARE PUBLIC RESPONSES [00:10:15] AND THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. THANK YOU. AND REMINDER. THANK YOU. THIS IS A CONTINUANCE FROM THE, UH, CASE, RIGHT, SIR? OKAY. UH, PLEASE THE APPLICANT PLEASE COME FORWARD AND BEGIN YOUR PRESENTATION. GOOD AFTERNOON, ROBERT BINKY, 80 65 PRU ROAD. I HAVE, UH, BROUGHT A SET OF PLANS FOR EVERYBODY REAL QUICK SO YOU GUYS CAN KIND OF LOOK AT THESE. IF I CAN HAND EVERYBODY A SET OF PLANS WHILE WE TALK, SIR, WE CAN DO IT FOR YOU. PLEASE HAND THEM TO THE STAFF. THANKS. THANK YOU. THE SUBJECT PROPERTY, OUR LOT IS A DOUBLE LOT. IT'S A HUNDRED FEET AS MENTIONED BY 181 FEET DEEP. WE ALMOST HAVE HALF AN ACRE THERE. SO ESSENTIALLY WHAT WE'RE TRYING TO DO IS WE'RE TRYING TO PUT TWO LOTS, TWO UNITS PER LOT ESSENTIALLY IS WHAT WE'RE GOING FOR. UM, THERE ARE TWO PROPERTIES WITHIN THE 200 FEET THAT ARE SUBSTANTIALLY WIDER THAN 50 FEET THAT ARE CURRENTLY THERE. 1943 WEST FRENCH PLACE WAS BUILT IN THE LATE FIFTIES, SO I UNDERSTAND THE GUIDELINES WEREN'T IN PLACE AT THAT POINT. UH, IT IS 106 FEET LONG. A 1931 WEST FRENCH PLACE THAT WAS ACTUALLY BUILT IN 2020 IS 85 FEET LONG. THERE ARE MANY MULTIFAMILY PROPERTIES IN THE AREA. THE NEAR NORTHWEST PLAN'S. FUTURE LAND USE MAP STATES THAT THIS BLOCK OF WEST CRAIG IS IDENTIFIED AS MEDIUM DENSITY RESIDENTIAL AND GOES ON TO STATE MEDIUM DENSITY RESIDENTIAL AS INCLUDING SINGLE FAMILY HOMES, DUPLEXES, TRIPLEXES, FOURPLEXES, TOWN HOMES, COTTAGE HOUSING, AND ACCESSORY DWELLING UNITS. THIS IS EXACTLY WHAT WE'RE PROPOSING FOR THIS PROPERTY IS A FOURPLEX, OR TWO DUPLEXES IN MY OPINION, THAT EXACTLY MATCHES THE LAND CLASSIFICATION USE OF MEDIUM DENSITY FOR THE AREA. UM, WE HAVE GOTTEN OUR IMPERVIOUS COVER DOWN TO 54%. WE HAVE A HANDFUL OF SIGNATURES IN FAVOR AT THIS POINT AND, UM, WE HAVE WORKED WITH THE WOODLAWN LAKE COMMUNITY ASSOCIATION. WE HAD SEVERAL MEETINGS WITH THEM THROUGH OUR ZONING PROCESS. UM, WE HAD MULTIPLE CONTINUANCES SO THAT WE COULD CONTINUE TO TRY AND SEE EYE TO EYE. UNFORTUNATELY, WE WERE NEVER ABLE TO QUITE SEE EYE TO EYE ON ALL OF OUR ITEMS. UM, THINGS THAT WE DID TO HELP, UH, NEGOTIATE WITH WOODLAWN LAKE TO TRY AND APPEASE SOME OF THEIR NEEDS. UH, WE DID REMOVE THE SECOND STORY ON UNIT TWO. I ALSO REMOVED ALMOST 700 SQUARE FEET FROM UNIT TWO TO TRY AND APPEASE THEIR NEEDS AS WELL. BY SHRINKING UNIT TWO, I AM ONLY SEEKING A SEVEN FOOT EIGHT INCH WIDTH VARIANCE FROM THE CURRENT BUILDING THAT SITS ON SITE FOR A NEW TOTAL OF 63 FEET, EIGHT INCHES. AGAIN, THE FRONT OF THE LOT IS A HUNDRED FEET WIDE. WE WENT FROM NINE BEDROOMS DOWN TO SEVEN BEDROOMS, AND I NOW HAVE ON ONSITE PARKING FOR EVERY BEDROOM THAT HAS IS ON THE PROPERTY PLUS AN EXTRA SPOT. SO, UH, WE HAVE EIGHT ONSITE PARKING SPOTS AND ONLY SEVEN UH, BEDROOMS. UM, WE WILL BE KEEPING KIND OF ENC CLOSING. WE WILL BE KEEPING AND RESTORING THE ORIGINAL HOME ON THE PROPERTY. THAT IS ONE OF MY GOALS THE WHOLE TIME THAT WE'VE BEEN WORKING ON THESE PLANS WITH CITY COUNCIL AND ZONING COMMISSION AND EVERYONE ELSE. UM, WE DID WIN A SUPER MAJORITY IN THE ZONING COMMISSION. EIGHT OUT OF 10 PEOPLE IN OUR FAVOR. WE ALSO WON A SUPER MAJORITY AT OUR CITY COUNCIL MEETING, NINE OUT OF 11, INCLUDING MAYOR RON BERG IN OUR FAVOR. UM, WE APPRECIATE YOUR TIME AND I'M HERE TO ANSWER ANY QUESTIONS YOU GOT. THANK YOU. UH, LET'S SEE. WE, IF WE HAVE ANY QUESTIONS FROM THE BOARD, MACHA, MACHA, I WAS TRYING TO WRITE DOWN, BUT HOW MUCH, UH, SQUARE FOOTAGE DID YOU SAY YOU REMOVED? YOU STARTED REMOVING? WE REMOVED, YES, SIR. FROM THE ORIGINAL PLANS WE REMOVED 699 SQUARE FEET, SO ONE SHORT OF 700. THANK YOU MR. MACHACA. MR. BRAGMAN. UM, SO YOU HAD SAID SOMETHING ABOUT, UH, YOU'VE CHANGED THE VARIANCE REQUEST, UM, TO SEVEN FOOT SIX INCHES. IS THAT WHAT YOU SAID? SO THE CURRENT, IT'S SEVEN, IT'S SEVEN FEET, EIGHT INCHES FROM WHAT'S CURRENTLY THERE. SO IT'S, IT IS A 13 FOOT STILL FROM THE 50 FEET THAT THE GUIDELINES STATE. RIGHT. SO WE'RE LOOKING TO GET TO 63 8. SO WE'RE 13 FEET, EIGHT INCHES TOTAL. BUT WHAT'S CURRENTLY ON SITE? I'M ONLY SEVEN FEET, EIGHT INCHES LARGER FROM WHAT'S THERE RIGHT NOW AS IT SITS TODAY. I JUST WANTED TO MAKE SURE WHAT WAS ADVERTISED. ISAM MA'AM? YES MA'AM. THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT? I HAD A QUESTION. OF THE EIGHT OUT OF 10, UH, MEMBERS, I GUESS THAT SUPPORTED THE PROJECT, THAT WAS THROUGH THE ZONING BOARD THAT APPROVED IT, THAT WAS ZONING EIGHT OUT 10 AND THEN CITY COUNCIL NINE OUT OF 11? YES, SIR. AND DID THE CITY COUNCILMAN REPRESENT THE DISTRICTS, UH, SUPPORT THIS? YES, BOTH TIMES. OKAY. IN BOTH MEETINGS I HAD THE SUPPORTIVE ZONING COMMISSION AND I HAD THE SUPPORT OF THE CITY COUNCIL MEMBER. YES, SIR. ABSOLUTELY. OKAY, THANK YOU. [00:15:01] ANY OTHER QUESTIONS FOR THE APPLICANT? HEARING NONE. THANK YOU, SIR. THANK YOU. UM, STAFF, DO WE HAVE, UH, VOICEMAIL OR PUBLIC COMMENT TO BE HEARD? YES. UH, WE'LL START WITH THE VOICEMAILS IF THAT'S OKAY. HOW MANY VOICEMAILS DO WE HAVE? WE HAVE 10 VOICEMAILS, FIVE SPEAKERS. OKAY. AND ANY DUPLICATES BETWEEN THE VOICEMAILS AND THE PUBLIC SPEAKERS THAT WE KNOW OF? NOT THAT I FOUND, NO. OKAY. THANK YOU. UH, GO AHEAD AND PLAY THE UH, VOICEMAILS. HI, THIS IS FOR AGENDA ITEM NUMBER SIX AT 1823 WEST CRAIG PLACE. MY NAME IS ALEX GARCIA. I LIVE AT 3 5 7 NORTH DRIVE, SEVEN EIGHT TWO ZERO ONE. MY PHONE NUMBER IS (210) 264-1748. I'VE BEEN A RESIDENT OF THE COMMUNITY FOR ALMOST FIVE YEARS. UH, WE SUPPORT THE NEIGHBORS AND THE WOODLAWN ASSOCIATION'S POSITION TO OPPOSE THE APPEAL. PLEASE VOTE NO AS THIS WOULD NEGATIVELY AFFECT THE QUALITY OF LIFE OF THE IMMEDIATE NEIGHBORS. AND THANK YOU. GOOD MORNING. MY NAME IS DREA GARZA, PRESIDENT OF THE MONTICELLO PARK NEIGHBORHOOD ASSOCIATION. PO BOX 1 0 0 3 1 5 SAN ANTONIO, TEXAS SEVEN EIGHT TWO ZERO ONE. MY PHONE NUMBER IS (210) 643-4760. AND I'M CALLING IN REFERENCE TO AGENDA ITEM NUMBER SIX. THE MONTICELLO PARKS NEIGHBORHOOD ASSOCIATION IS OPPOSED TO THE VARIANCE APPLICATION FOR THE PROPERTY LOCATED AT 1823 WEST CRAIG. THE WOODLAWN LAKE NEIGHBORHOOD CONSERVATION DISTRICT WAS CREATED AS A DIRECT RESULT OF OUR COMMUNITY'S NEAR NORTHWEST COMMUNITY PLAN THROUGH ROBUST PUBLIC ENGAGEMENT TO ENSURE INFILL DEVELOPMENT IS COMPATIBLE TO THE NEIGHBORHOOD'S CHARACTER. WE NOTE THIS DEVELOPMENT IS IN THE MIDDLE OF THE BLOCK SURROUNDED BY SINGLE FAMILY RESIDENTIAL AND NOT ADJACENT TO ANY MEDIUM DENSITY PROPERTY. ADHERING TO THE N C D STANDARDS DOES NOT PREVENT THE DEVELOPMENT FROM BEING EXECUTED AND WOULD STILL ALLOW THE DEVELOPMENT TO CONTINUE, BUT IMPORTANTLY WOULD ALSO MAINTAIN THE CHARACTER OF THE STREET AND NEIGHBORHOOD. WOODLAWN LAKE COMMUNITY ASSOCIATION IS OUR ADJACENT NEIGHBORHOOD ASSOCIATION ALONG WITH THE JEFFERSON NEIGHBORHOOD ASSOCIATION. WE SUPPORT WOODLAWN LAKE COMMUNITY ASSOCIATIONS, THE ADJACENT NEIGHBORS TO 1823 WEST CRAIG AND STAFF'S OPPOSITION. THANK YOU FOR YOUR TIME. THIS IS FOR AGENDA ITEM NUMBER SIX AT 1 8 2 3 WEST CRAIG PLACE. MY NAME ISRA NAVA GARCIA. I LIVE AT 3 5 7 NORTH DRIVE SEVEN EIGHT TWO ZERO ONE. MY PHONE NUMBER IS (210) 324-1801. I'VE BEEN A RESIDENT OF THE COMMUNITY FOR ALMOST FIVE YEARS NOW AND I AM, MY HUSBAND AND I ARE IN SUPPORT OF THE NEIGHBORS AND WOODS ON ASSOCIATION'S POSITION TO OPPOSE THIS APPEAL, PLEASE VOTE NO AS THIS WOULD NEGATIVELY AFFECT THE QUALITY OF LIFE OF IMMEDIATE NEIGHBORS AND COMMUNITY AND IMPOSE AN ON DUE BURDEN. THANK YOU. MY NAME IS 1723 WEST RESEARCH. I AM CALLING ABOUT AGENDA ITEM NUMBER 6 18 23 WEST CRAIG, I AM OPPOSED TO THE REQUEST FOR VARIANCES. I HAVE LIVED IN THE JEFFERSON WOODLAWN LAKE COMMUNITY FOR 71 YEARS. PLEASE PROTECT THE WOODLAWN NEIGHBORHOOD CONSERVATION DISTRICT. HI. YES, THIS IS JAY MORALES, PRESIDENT OF WOODLAND LAKE COMMITTEE ASSOCIATION. THIS MESSAGE REGARDING ITEM NUMBER SIX B O A DASH 23 DASH 1 0 3 0 0 9 7. THE WOODLAND LAKE ASSOCIATION IS AN OPPOSITION OF THE REQUEST AS IT VIOLATES N C D GUIDELINES. THE N C D GUIDELINES ARE SET IN PLACE TO PROTECT THE NEIGHBORHOOD'S ASSOCIATION AND ITS RESIDENCE. PLEASE SUPPORT THE NEIGHBORHOOD ASSOCIATION BY VOTING IN OPPOSITION TO THIS REQUEST. THANK YOU. HI, THIS IS LARISSA O'CONNORS AND MY HUSBAND CHARLIE O'CONNORS AT TWO 10 NORTH DRIVE 7 8 2 0 1. AGENDA ITEM NUMBER 6 1 8 2 3 WEST CRAIG, I AM OPPOSED TO THE APPLICANT'S APPEAL, THE WOODLAWN LAKE NEIGHBORHOOD CONSERVATION DISTRICT GUIDELINES. [00:20:04] MY NAME IS LARISSA O'CONNORS AND MY HUSBAND IS CHARLIE O'CONNORS. WE LIVE AT TWO 10 NORTH DRIVE. AGENDA NUMBER 6 1 8 2 3 WEST CRAIG, I'M OPPOSED TO THE APPLICANT'S APPEAL. THE WOODLAWN LAKE NEIGHBORHOOD CONSERVATION DISTRICT GUIDELINES DO NOT POSE A HARDSHIP TO THEIR APPLICANT. HELLO, MY NAME IS NICK . I'M AT 3 0 5 CLUB DRIVE, SEVEN EIGHT TWO OH ONE ZIP CODE AND MY PHONE NUMBER IS (210) 548-3877. I'M CALLING REGARDING AGENDA ITEM NUMBER SIX FOR 1823 WEST CRAIG, MY WIFE RE AND I ARE OPPOSED TO THE APPLICANT'S APPEAL. WE'VE LIVED IN THE COMMUNITY FOR OVER 15 YEARS RAISING OUR FIVE KIDS HERE AND WE SUPPORT THE NEIGHBOR'S OPPOSITION AND THE WOODLAWN LAKE COMMUNITY ASSOCIATION'S OPPOSITION TO THIS CASE. PLEASE VOTE NO AND PLEASE SUPPORT THE NEIGHBORS WHO WILL BE IMPACTED BY THIS INFO PROJECT. THANK YOU SO MUCH. MY NAME IS ROBIN FOSTER. THREE 19 MARY LOUISE DRIVE, SEVEN EIGHT TWO OH ONE. MY PHONE NUMBER IS (210) 722-2828. I'M CALLING REGARDING AGENDA ITEM NUMBER 6 18 23 WEST CRAIG, I AM OPPOSED TO THE APPLICANT'S APPEAL. I ASK THAT THE BOARD OF ADJUSTMENT, PLEASE JOIN ME IN SUPPORTING THE NEIGHBOR'S OPPOSITION AND THE WOODLAWN LAKE COMMUNITY ASSOCIATION'S OPPOSITION TO THIS VARIANCE. THE PROPOSED DEVELOPMENT IS NOT IN KEEPING WITH THE MASSING AND SCALE OF THE ADJACENT PROPERTIES. THE WOODLAWN LAKE NEIGHBORHOOD CONSERVATION DISTRICT WAS CREATED TO ENSURE COMPATIBLE DEVELOPMENT OCCURS. THANK YOU. GOOD DAY. MY NAME IS VANESSA SABRIA AND MY HUSBAND IS KIRK WALLER. OUR ADDRESS IS 2030 WEST SUMMIT AVENUE 7 8 2 0 1. CALLING REGARDING AGENDA ITEM NUMBER SIX, BO O A NUMBER ENDING IN 0 9 7. ADDRESS 1823 WEST CRAIG, OUR UNDERSTANDING IS THAT AN APPEAL FOR VARIANCES FROM THE WOODLAWN LAKE COMMUNITY NEIGHBORHOOD CONSERVATION DISTRICT GUIDELINES HAS BEEN REQUESTED BECAUSE CONSTRUCTION AND STRUCTURAL DESIGN STANDARDS WERE WRITTEN WITH THE INTENT TO PRESERVE AND PROMOTE THE ESTABLISHED CHARACTER OF THE NEIGHBORHOOD, WE ASK THAT YOU VOTE NO AND SUPPORT THE ADJACENT NEIGHBOR'S OPPOSITION. THANK YOU. DOES THAT CONCLUDE THE VOICEMAIL? I CAN. ALRIGHTY. UH, THE FIRST PERSON SIGNED UP IS MRS. DIANA RAMOS. GOOD AFTERNOON. CAN YOU HEAR ME? NO. PLEASE LOWER THE GOOD AFTERNOON. MY NAME IS DIANA RAMOS. I LIVE AT 1815 WEST CRAIG 7 8 2 0 1. MY PROPERTY IS ADJACENT TO THE 1823 WEST CRAIG. I SEE THIS PROPERTY EVERY DAY AND IT'S VERY VISIBLE FROM MY PROPERTY. MY PROPERTY HAS BEEN IN MY FAMILY FOR 63 YEARS. I HAVE, I MOVED INTO THE HOUSE IN 1990, LIVING THERE FOR 33 YEARS. I'M OPPOSED TO THE VARIANCE BEING REQUESTED FOR 1823 WEST CRAIG, OWNED BY PURE HOUSING HOLDINGS. THE WOODLAWN LAKE NEIGHBORHOOD CONSERVATION DISTRICT GUIDELINES ARE SUPPOSED TO PROTECT THE CHARACTER OF OUR NEIGHBORHOOD. HOWEVER, THE OVERALL WIDTH, WHICH BEING PROPOSED IS EXTREME AND NOT IN KEEPING WITH THE BLOCK OR COMMUNITY. THE VARIANCE FOR THE CARPORT WILL ONLY FLOOD MY PROPERTY AND THE PROPERTY OF THE NEIGHBORS. WATER WILL DRAIN INTO OUR BACKYARDS BECAUSE IT IS TOO CLOSE TO OUR PROPERTY LINES. 1823 WEST CRAIG IS LOCATED IN THE MIDDLE OF THE PROPERTY AND SURROUNDED ON ALL SIDES WITH SINGLE FAMILY HOMES. WHAT EXISTS TODAY AT 1823 WEST CRAIG IS A HOME WITH ADDITIONS, WHICH WERE DONE WITHOUT CITY PERMITS, ENCLOSING THE PORCH AND ADDING ON TO THE REAR. THIS IS WHY THE NEIGHBORHOOD GUIDELINES WERE MADE TO PREVENT WHAT IS BEING, WHAT IS THERE [00:25:01] NOW FROM BEING ACCEPTED. THE NEIGHBORHOOD CONSERVATION DISTRICT GUIDELINES SHOULD BE UPHELD FOR THOSE OF US WHO LIVE THERE AND SEE IT EVERY DAY AFTER IT IS BUILT. I LIVE THERE AND I WOULD APPRECIATE YOUR SUPPORT FOR ME, MY NEIGHBORS AND ALL THE NEIGHBORHOOD ASSOCIATIONS WHO ARE OPPOSED TO THESE VARIANTS. CITY STAFF IS RECOMMENDING DENIAL TOO. PLEASE, I ASK YOU TO PROTECT WHAT LITTLE IS LEFT OF OUR COMMUNITY. I ALSO WOULD LIKE TO MAKE IT CLEAR THAT WHEN THIS WENT UP TO CITY COUNCIL, WE DID NOT HAVE A CITY COUNCIL THAT WE ELECTED. OUR CITY COUNCIL HAD FOR SOME REASON RESIGNED. WHAT WE HAD WAS MRS. CASTRO. AND I'M SURE SHE TRIED TO DO THE BEST SHE CAN, BUT WE DID NOT ELECT HER. SHE DOES. YOU KNOW, IT'S, UH, I I WOULD WANT YOU TO TAKE THAT INTO CONSIDERATION THAT IF WE HAD HAD SOMEBODY THAT WE COULD GO BACK AND TALK TO, THIS PROBABLY WOULD NOT HAVE GONE THIS FAR. ALL RIGHT. THANK YOU MA'AM. UH, NEXT SPEAKER IS QUICK. TOM, DO WE, SIMMONS DO WE HAVE ANY QUESTIONS FOR, UM, ANY QUESTIONS? I DO HAVE A QUESTION. YES. WERE YOU ABLE TO PROVIDE THIS TESTIMONY TO THE CITY COUNCIL PERSON WHEN THE ZONING, UH, CASE, UH, CAME BEFORE THE CITY COUNCIL? OR WAS THERE ANY OPPORTUNITY TO PROVIDE THIS INPUT THAT YOU'RE PROVIDED TODAY FOR? NO, I, I, I WASN'T THERE. UM, I HAVE A 100 YEAR MOTHER THAT I COULDN'T LEAVE AT THE TIME, BUT I WAS SURE THAT IT WOULDN'T PASS, BUT FOR SOME REASON IT DID. BUT, YOU KNOW, WE, WE, WE WANNA PROTECT OUR NEIGHBORHOOD. OUR NEIGHBORHOOD IS HISTORICAL. THERE'S A LOT OF HISTORY IN THAT, IN THAT NEIGHBORHOOD. I WISH I COULD STAND HERE AND TELL YOU ALL THE HISTORY 'CAUSE I'M A HISTORY BUFF. I COULD TELL YOU A LOT OF HISTORY. THANK YOU. I APPRECIATE IT. LET'S SEE, ANY OTHER CRUZ, MR. PELMAN AND THEN MS. CRUZ? YES, SIR. UH, I AGREED. I I I LIKE THE IDEA THAT IT'S GONNA BE, UH, YOU KNOW, INCREASING THE DENSITY IN THAT AREA, BUT I DIDN'T UNDERSTAND WHEN THEY WERE PRESENTING THIS TO CITY COUNCIL, DID THEY, UH, INCLUDE EVERYTHING THAT IT WOULD, UH, TAKE SUCH A WIDE? I HAVE NO IDEA. I WAS NOT THERE. I, I DON'T KNOW WHAT WENT THERE, BUT LIKE I SAID, WE DIDN'T. THANK YOU. THANK YOU. LET'S ASK MS. CRUZ, DO YOU HAVE ANY QUESTIONS? UM, I JUST GOT ONE. UM, MA'AM, DO YOU KNOW HOW LONG THIS, UH, OLDER HOME HAS BEEN VACATED? IT HAS BEEN, IT HAS BEEN VACANT FOR ABOUT, I WOULD SAY A A LITTLE OVER A YEAR SINCE THE OWN THE PREVIOUS OWNER MOVED OUT. OKAY. THANK YOU. THANK YOU. THANK YOU, MA'AM. ANY OTHER MACHACA? OH, MR. MR. MACHACA, UH, EXCUSE ME. UM, MA'AM, I HAVE ONE MORE, MORE QUESTION FROM, I'M SORRY. APOLOGIZE. YES. UH, YOU MENTIONED THAT, UH, THERE WERE ADDITIONS TO HIS PROPERTY AND THEY WERE WITHOUT PERMITS. HOW DID YOU LEARN ABOUT THE WITHOUT PERMITS? HOW DID I LEARN ABOUT WHAT NOT BEING THE ADDITIONS BEING DONE WITHOUT PERMITS. OH. BECAUSE AT THE TIME THAT PROPERTY BELONGED TO OUR FAMILIES SINCE, UH, 19, THE LATE 1950S, UH, BACK THEN PEOPLE WERE DOING THINGS WITHOUT PERMIT AND, AND I JUST, THERE'S A LOT OF PE THINGS THAT GO ON THAT WERE NOT WITH PERMANENT, BUT I AM REALLY GLAD THAT WE'RE MORE GETTING MORE INFORMATION ABOUT THAT. THANK YOU. THANK YOU. MM-HMM. , ANY OTHER QUESTIONS? OKAY. UH, ANY OTHER PUBLIC COMMENT? ALL RIGHT. AND WE, UH, NEXT, MR. TOM SIMMONS. I'M TOM SIMMONS 5 0 1 CLUB DRIVE. I PLEASE COME FORWARD, UH, YOUR TIME TO YOUR TIME. BIANCA MALDONADO. IS THERE ANYBODY ELSE GIVING THEIR TIME TO MRS. MALDONADO? OKAY, MS. MALDONADO, YOU HAVE SIX MINUTES. BIANCA MALDONADO 4 57 CLUB DRIVE. THANKS FOR THREE MINUTES PLUS SIX. I WAS ONLY THINKING 90 SECONDS, SO HOPEFULLY I WON'T TAKE THE FULL SIX. BUT I THINK IT'S IMPORTANT. THIS IS A VERY UNIQUE CASE. AND REGARDING THE NO PERMITS, NO PERMITS, THE OWNER ACTUALLY INFORMED US WHEN HE MET WITH THE WOODLAWN LAKE COMMUNITY ASSOCIATION COMMITTEE THAT THERE WERE NO PERMITS ON THE PROPERTY WHEN THE RENOVATIONS WERE DONE. IF YOU PULL UP THE ORIGINAL PICTURE OF THE EXISTING CONDITIONS, YOU WILL SEE THAT THE FRONT PORCH WAS ENCLOSED AND EXPANDED TOWARDS THE EAST. SO IT WOULD BE YOUR RIGHT SIDE. AS YOU LOOK AT THIS PICTURE, WHAT IS THERE TODAY, [00:30:01] UM, IS AN ILLEGALLY SUBDIVIDED HOME THAT WAS SUBDIVIDED INTO THREE UNITS AND THEN THERE'S A CASITA IN THE BACK FOR A TOTAL OF FOUR UNITS TOTALING A LITTLE OVER 1900 SQUARE FEET. HIS INITIAL PROPOSAL WAS GOING UP TO 6,200 SQUARE FEET WITH FOUR DWELLING UNITS. AND THE INTERESTING THING IS, WHEN YOU LOOK AT THE NEAR NORTHWEST PLAN, THIS ENTIRE BLOCK WAS DESIGNATED MEDIUM DENSITY. HOWEVER, THE MEDIUM DENSITY ONLY EXISTS ON THE CORNER PROPERTIES. AND THOSE ARE ACTUALLY THE MORE, THE SMALLER LOTS THAT ACTUALLY FRONT THOSE SIDE STREETS. UM, WHEN YOU LOOK AT THE HISTORY OF THIS AREA, AND SO ONE OF THE THINGS IN THE NEAR NORTHWEST PLAN WAS TO CREATE A NEIGHBORHOOD CONSERVATION DISTRICT, AND THAT'S WHAT THEY DID. AND SO THROUGH A ROBUST PROCESS, THEY REALLY WORKED TO GET ALL THAT INFORMATION TOGETHER TO COME UP WITH SOME STANDARDS THAT WERE CONSISTENT BASED ON THE BUILT ENVIRONMENT. NOW, IF YOU'VE NEVER GONE THROUGH AN N C D PROCESS, THERE'S A HUGE INVENTORY THAT GOES ON. YOU GO IN AND YOU MEASURE AND YOU, UH, DOCUMENT EVERY SINGLE PROPERTY WITHIN THAT N C D SO THAT YOU COME UP WITH GUIDELINES AND, WELL, NOT GUIDELINES, THEY'RE ACTUALLY STANDARDS. THAT'S WHY WE'RE HERE TODAY. AND I THINK IT'S IMPORTANT TO NOTE THAT WHEN THE CASE WENT BEFORE ZONING, IT WAS UNFORTUNATE THAT THERE WERE SOME MISINFORMATION THAT WAS PRESENTED TO COUNSEL. THERE IS A COMMITMENT BY THE OWNER WHO SAID HE'S GONNA HAVE AN AFFORDABLE UNIT, BUT AS YOU KNOW, THERE'S NO LURE. SO THERE'S NO LAND USE COMPONENT, IT'S JUST HIS WORD THAT HE PROMISED THAT ONE OF THOSE UNITS WAS GOING TO BE AN AFFORDABLE UNIT. HE TOLD US THAT IT WAS $2,000 FOR EACH DWELLING UNIT TO BE A RENTAL UNIT. AND SO I THINK THERE WAS A MISCONCEPTION BY COUNSEL WHEN THEY WERE HAVING DISCUSSION BECAUSE THEY ARE NOT ABLE TO ASK US QUESTIONS AND THEY DON'T COME BACK. AND SO THE APPLICANT, YOU KNOW, MADE ALL OF THESE COMMENTS, BUT STAFF CAN VERIFY FOR YOU, THERE'S NO LAND USE REQUIREMENT, THERE'S NO ENFORCEABILITY, THERE'S NO LAND, UH, COVENANT THAT ENSURES THAT THAT AFFORDABILITY CONVEYS. IT'S JUST THE WORD OF THE OWNER. AND UNFORTUNATELY THAT WAS A, A POLARIZING CONVERSATION WITH COUNCIL. THEY'RE LIKE, OH, WE'RE VOTING FOR AFFORDABLE HOUSING. WELL, YOU'RE ONLY VOTING FOR AFFORDABLE HOUSING. IF YOU CAN GET HIM TO, TO DO THAT AND TO HOLD HIM ACCOUNTABLE TO THAT, THERE ARE NOTHING, THERE'S NOTHING TO LET THAT GO. AND SO THE MOST CRITICAL PIECE IS THAT WHEN YOU LOOK AT THE BUILT ENVIRONMENT TODAY SAYING THAT IT'S APPROPRIATE TO ADD MORE ONTO THIS, INCREASING THAT FACADE WITH WHEN YOU TAKE IN THE TOTALITY OF THE RESIDENTS AROUND THERE, IT IS NOT IN KEEPING IN THE CHARACTER. AND SO THIS DOESN'T KEEP HIM FROM BEING ABLE TO BUILD 12, UH, FOUR UNITS THERE. IT DOES ALLOW HIM TO PUT A MORE SENSIBLE DEVELOPMENT ON THAT BLOCK. AND THAT HAD BEEN THE CONVERSATION SINCE THE VERY BEGINNING. UNFORTUNATELY, HE STOPPED MEETING WITH THE WOODLAWN LAKE COMMUNITY ASSOCIATION WHEN HE FELT, YOU KNOW, HE WAS AT HIS FOUR UNITS AND HE HAD GIVEN ENOUGH ON THE N C D GUIDELINES, WHICH WE WORKED WITH HIM TO EDUCATE HIM ABOUT THOSE BECAUSE HE WASN'T AWARE WITH THEM OF THEM DURING THE PROCESS. AND SO THAT'S THE MOST IMPORTANT PIECE WHEN YOU LOOK AT THIS AREA, THIS IS PART OF THE ORIGINAL 36 SQUARE MILES OF THE CITY. THERE'S A REASON THE CITY ADOPTS N C D STANDARDS AND HISTORIC DISTRICTS IS TO ENSURE THAT YOU HAVE COMPATIBLE AND FILL DEVELOPMENT. AND SO YES, THERE WILL BE DENSITY THAT WILL BE ADDED, BUT IT CAN BE DONE COMPATIBLE TO THE EXISTING SURROUNDINGS. AND THAT'S WHY I'M OPPOSED, AND I THINK I'M REALLY HERE TO SUPPORT THE NEIGHBORS WHO ARE THERE, WHO ARE OPPOSED AND WHO ARE CONCERNED THAT THEIR VOICE WASN'T HEARD. AND STAFF IS EVEN RECOMMENDING DENIAL. SO I HOPE YOU'LL VOTE. NO THANK YOU. QUICK FOR YOU MANNA. SO, SO BEFORE US, AS YOU KNOW, RIGHT NOW IS THE, THE, THE THOUGHT AND BACK ON THE BACK, THERE'S NOTHING WE CAN DO ABOUT THE MULTI-UNITS ON THE PROPERTY, CORRECT? CORRECT. THAT I UNDERSTAND. YES. SO, UH, BUT YOU CAN STILL BUILD WITHIN THAT FRAMEWORK? WITHIN THAT FRAMEWORK. YES SIR. AS LONG AS HE BUILDS WITHIN THAT FRAMEWORK, IT IS WHAT IT IS AND THERE'S CORRECT. OKAY. YEAH, I I WE'VE SEEN A LOT OF OTHER, UH, YOU KNOW, DUPLEXES BUILT ON 55 LOTS. UH, IS THERE A PROBLEM WITH HIM PUTTING FOUR UNITS ON THESE TWO LOTS? HE'S ZONED FOR IT. HE ALREADY HAS PERMISSION TO DO THAT. OKAY. HOWEVER, SO THE, THE BIG ISSUE HERE IS COMPATIBILITY WITH THE NEIGHBORHOOD CONSERVATION DISTRICT DESIGN GUIDELINES. CORRECT. THAT ARE, YEAH, IT DOESN'T RESTRICT THE FOUR UNITS. HE CAN STILL BUILD FOUR UNITS. GOT IT. OKAY. MR. THAT'S WHAT I NEEDED TO KNOW. THANK, THANK YOU MR. MANDA. SO, SO QUESTION I HAD FOR YOU WAS, YOU KNOW, YOU TALKED ABOUT THE N C D AND, AND THEN YOU KNOW, THEM GOING OUT AND MEASURING, YOU KNOW, ALL THE PROPERTIES AND FOR CONSISTENCY. SO, SO WANNA CONFIRM THIS IS R RMM FOUR AREA? CORRECT. SO THIS LOT IS RMM FOUR. UM, UM, AND WITH REGARDS TO THE N C D OR, OR, OR THE COMMUNITY OR THE, UM, THE FUTURE USE PLAN, DO YOU KNOW WHAT THIS IS ZONED AS FROM THE FUTURE USE PLAN PERSPECTIVE? THE WHOLE BLOCK IS MEDIUM DENSITY. OKAY. BECAUSE MEDIUM DENSITY'S ON THE CORNER. SO. AND THEN FINALLY THE LAST POINT IS THAT YOU TALKED ABOUT THEM MEASURING AND SO THE 50 FOOT FACADE, UH, FRONT FACING FACADE, DOES THIS HOUSE, AS YOU KNOW, CURRENTLY MEET THAT 50 FOOT FACADE? OR IS IT ALREADY BYPASSING THAT? I THINK HE HAS THE DIMENSION. I BELIEVE IT'S ALREADY, I HAVE FUTURE, BUT I DON'T THINK I HAVE THE CURRENT THE SAME. IT'S ON THE SIDE PLAN, BUT YOU CAN SEE WHERE THERE'S YOUR CURRENTLY FRONT [00:35:01] MEASURES 56. OKAY. SO IT, SO IT'S ALREADY EXCEEDED THE CURRENT ONE AS CURRENTLY BILLED? CORRECT. AND IT WAS DONE BEFORE THE N C D. OKAY. PERFECT. THAT'S WHAT I NEED TO KNOW. THANK YOU. THANK YOU. THANK, THANK YOU. UH, ANY OTHER PUBLIC? NO. NEXT ONE IS JASON VASQUEZ. MY NAME IS JASON VASQUEZ. GOOD AFTERNOON. MY NAME IS JASON VASQUEZ AND MY ADDRESS IS 2331 WEST SUMMIT 7 8 2 0 1. REGARDING I AGENDA ITEM SIX, I WOULD LIKE TO PROVIDE MY OPPOSITION TO THE APPLICANT'S REQUEST FOR A VARIANCE FROM THE NEIGHBORHOOD CONSERVATION DISTRICT REQUIREMENTS. THE APPLICANT IS VERY WELL AWARE OF THE NEIGHBORHOOD CONSERVATION DISTRICT REQUIREMENTS AND THERE ARE NO OTHER STRUCTURES IN THE AREA THAT EXCEED THE MAXIMUM FROM FACADE WIDTH. I ASK FOR CONSISTENCY MORE THAN ANYTHING ELSE IN APPLICATION OF THE N C D REQUIREMENTS. THE SAME AS APPLICABLE TO THE REAR SETBACK DISTANCE VARIABLE, UH, VARIANCE REQUEST. THE APPLICANT IS WELL AWARE OF THE N C D REQUIREMENTS AND I, AGAIN, AND I AGAIN ASK FOR CONSISTENCY IN DENYING THE APPLICANT'S REQUEST FOR THE RARE REAR SETBACK VARIANCE REQUEST CONSISTENCY IS VITAL TO THE PRESERVATION OF THE NEIGHBORHOOD CONSERVATION DISTRICT AND FAIR TO THE SURROUNDING HOMEOWNERS LIKE MS. RAMOS. THANK YOU. THANK YOU. ALL RIGHT, LAST ONE IS MR. TED ENA. GOOD AFTERNOON. TED RA, THE JEFFERSON NEIGHBORHOOD ASSOCIATION PRESIDENT. I'M HERE TO SUPPORT STAFF RECOMMENDATION AS A DENIAL FOR THIS. I WON'T GO INTO IT AS YOU'VE HEARD SO MUCH ABOUT THE N C D. UH, YOU MENTIONED, SIR, ABOUT THE, UH, CITY COUNCIL PERSON THAT WE HAD AT THE TIME OF THE VOTE. UH, WE DID HAVE AN INTERIM, YOU KNOW, JUST SO THAT YOU KNOW, WE DID, I AM, WE MET WITH HER, THE WOODLAWN NEIGHBORHOOD ASSOCIATION AND MONTICELLO NEIGHBORHOOD ASSOCIATION. AND WE'VE EXPRESSED TO HER OUR CONCERN. UH, SHE WENT AGAINST US ANYWAY BECAUSE OF THE AFFORDABLE HOUSING SUPPOSEDLY. UM, SO WE'LL SEE ABOUT THAT WHEN IT COMES TO PASS. UH, BUT I AM IN, I'M, I'M WANTING YOU TO VOTE NO ON THIS. THANK YOU . SURE. WHAT ORGANIZATION? JEFFERSON NEIGHBORHOOD ASSOCIATION, WHICH IS ADJACENT TO WOODLAWN LAKE AND WE OVERLAP. THOSE ARE ALL THE PUBLIC COMMENTS. OKAY. WE HAVE, UH, SOME QUESTIONS FOR STAFF. YEAH. UM, WE WERE HAVING SOME TECHNICAL DIFFICULTIES WHEN IT CAME TO THE POWERPOINT PRESENTATION AND I NOTICED THAT THERE'S A, A DIFFERENCE BETWEEN THE TWO THAT IT'S BEEN UPLOADED ON THE ORIGINAL ONE THAT WAS, UH, UPLOADED. IT SHOWS A LIST OF SIGNATURES OF THOSE THAT ARE IN FAVOR OF THE, THE VARIANCE. BUT ON THE ONE THAT THE FULLY UPLOADED ONE, THEY'RE NOT ON THERE. SO I JUST WANNA MAKE SURE THAT ALL THE COMMISSION YEAH. THE ONES THAT WERE, UM, UPLOADED MIGHT NOT HAVE THE, THE, THIS IS THE MOST UP TO DATE BECAUSE WE CUT IT OFF AT 10 O'CLOCK. SO THIS, THE ONE THAT WE'RE PRESENTING MIGHT HAVE MORE INFORMATION THAN THE ONE WE SENT ON FRIDAY. WELL, I'M TALKING ABOUT THE ONE THAT'S UPLOADED HERE. THERE WAS, THERE WAS ONE UPLOADED AND IT WAS JUST THIS CASE AND SO SHE HAD TO COME BACK WITH HER. YEAH, WE WERE HAVING A TECHNICAL GLITCH. RIGHT. BUT SO DO YOU NEED US TO PULL UP THE LIST AGAIN OF THOSE IN FAVOR AND OPPOSITION? SO THIS LIST OF JUST SIGNATURES THAT SAYS IN FAVOR OF 18 OF THE VARIANCES, WHERE DID THOSE SIGNATURES COME FROM? JOSEPH, CAN YOU HELP WITH THAT? THEY CAME FROM THE APPLICANT. OKAY. SO WHAT I'M SAYING IS, THOUGH, ON THE ONE THAT WAS JUST UPLOADED, CAN YOU SPEAK INTO THE MIC? I'M TRYING TO, I'M TRYING TO FACE THE SAME DIRECTION. THE ONE THAT WAS JUST UPLOADED DOESN'T HAVE THIS LIST OF SIGNATURES. RIGHT. AND, AND REMEMBER UP TO 10:10 AM THIS MORNING, WE'RE STILL COMPILING INFORMATION. AND SO THE PRESENTATION YOU SAW ON THE SCREEN IS GONNA HAVE THE MOST UP TO DATE INFORMATION. IT MAY NOT, UH, APPEAR ON THE SCREEN IN FRONT OF YOU OR BE BE UPLOADED TO WHAT YOU SEE IN FRONT OF YOU. OKAY. SO THE SIGNATURES ARE NOT CURRENT. THESE ARE SIGNATURES ARE CURRENT. OKAY. WELL THAT'S WHAT I'M SAYING. IT'S NOT ON THE ON ONCE YOU JUST UPLOADED, NOT THE ONE THAT YOU JUST UPLOADED. IT'S NOT ON THERE. I'M NOT SURE WHY THAT'S HAPPENING, BUT, WELL, I JUST WANNA MAKE SURE THAT THE COMMISSIONERS KNOW THAT THERE'S TWO PAGES OF SIGNATURES IN FAVOR OF THE VARIANCE THAT THEY'RE NOT SEEING ON THE MOST RECENT. AND WE CAN, UM, CAN WE PULL THOSE UP SO THAT THEY COULD SEE THEM [00:40:02] AND, AND MANNA SAME, SAME LIGHT. UM, WE DID HAVE A NUMBER OF PEOPLE SPEAKING TODAY AND THEN ON THE PHONE, DO WE KNOW IF THOSE WERE ALSO REGISTERED ON THE OPPOSITION LIST? 'CAUSE EVERYBODY I HEARD WAS IN OPPOSITION. SO I JUST WANTED TO DOUBLE CHECK AND SEE IF THERE'S ANY ADDITIONAL IN ADDITION TO THE ONES THAT WE HAD NOTED ALREADY. UM, YOU KNOW, DO WE HAVE THAT CROSS REFERENCE AS WELL? RIGHT. I BELIEVE THEY SHOWED THOSE FOUR AND THOSE IN OPPOSITION. OKAY. WELL, SO WELL, UH, IS THAT, THAT I HAVE A QUESTION THOUGH THAT, THAT THESE ARE FOR FOUR PLEX VARIANTS. IS THIS FOR THE VARIANCE FOR THE FRONT VARIANCE AND THE, YES, THEY MAY BE MENTIONING IT THAT WAY, BUT THIS, THE VARIANCES THAT YOU'RE LOOKING AT TODAY ARE TO THE WIDTH OF THE, AND THAT'S THE WAY THIS PETITION WAS PRESENTED? OR WAS IT PRESENTED FOR FOUR PLUS? YES, THE TILE WAS PRESENTED. OKAY. TO ME IT'S MISSED. SO, SO THERE'S 18 SIGNATURES ON HERE THAT ARE IN FAVOR. YOU'LL HAVE TO CONFIRM THAT WITH THE APPLICANT. WHO SUBMITTED THAT MS. MA'AM, THAT'S WHAT IT APPEARS IN COUNTING. OKAY. THANK YOU. THANK, HOW MANY SIGNATURES ARE ON THERE? I BELIEVE I HAD 10 OR 11. I DON'T THINK I HAD 18. I THINK IT WAS 10 OR 11 IN FAVOR. OKAY. YES MA'AM. THANK YOU. DID THAT FINISH THE PUBLIC PORTION? WERE WE READY FOR THE APPLICANT TO COME? OKAY, PLEASE COME FORWARD. YOU HEARD THE OPPOSITION, YOU HEARD THE COMMENTS AND YOU'RE ALLOWED TO PROVIDE A REBUTTAL. YEAH, ABSOLUTELY. I, FIRST AND FOREMOST, I'D LIKE TO JUST REMIND EVERYBODY, I'M ONLY IN ONE NEIGHBORHOOD. I'M IN WOODLAND LAKE, I'M NOT IN MONTICELLO PARK, I'M NOT IN JEFFERSON TERRA, I'M IN WOODLAWN LAKE. UM, MOST OF THOSE VOICEMAILS THAT WERE JUST LEFT WERE ALSO FROM MONTICELLO PARK, NOT WOODLAWN LAKE. UH, I'D LIKE TO ALSO NOTE THAT MS. CASTRO AND PREVIOUS COUNCILWOMAN ANNA SANDOVAL WERE BOTH IN FAVOR OF MY PLAN. ANNA ALSO SUPPORTED OUR PLAN ALONG WITH ALL OF HER STAFFERS THAT I HAD WORKED HAND IN HAND WITH. SO I WOULD LIKE THAT TO BE NOTED AS WELL. PLEASE. UM, WE ARE KEEPING THE ORIGINAL HOUSE. I DON'T KNOW HOW ELSE TO MAKE THIS PROJECT FIT THE NEIGHBORHOOD ANY BETTER. UM, THE ORIGINAL HOME IS STAYING THERE. UH, THAT I THINK THAT'S A HUGE POINT. UM, YOU KNOW, IF WE TORE DOWN THAT ORIGINAL HOME AND DIVIDED IT INTO TWO LOTS AND I BUILD TWO DUPLEXES, WE'RE THEN GONNA GO IN A TOTALLY DIFFERENT DIRECTION AND IT'S REALLY NOT GONNA FIT THE NEIGHBORHOOD THEN. AND I DON'T WANNA DO THAT. I WANT TO KEEP THE ORIGINAL HOME. I THINK THAT'S BEEN VERY IMPORTANT. UM, WE'VE BEEN HAVING REGULAR BREAK-INS. I KNOW THAT MS. RAMOS, MY NEIGHBOR PROBABLY DOESN'T WANT THAT NEXT TO HER HOME. AND I THINK THAT US DEVELOPING THE PROPERTY WILL OBVIOUSLY HELP WITH THAT. BUT VAGRANTS HAVE BEEN BREAKING INTO THE PROPERTY REGULARLY AND STAYING THERE DOING BAD WEATHER AND ALL SORTS OF STUFF. SO, UH, ALTHOUGH WE HAVE THE HOUSE BOARDED UP PRETTY, PRETTY SERIOUSLY, THEY STILL FIGURE OUT A WAY TO GET IN EVERY NOW AND THEN. SO, UM, LASTLY, I DID TRY AND MEET WITH JD AGAIN. HE'S BEEN UNDER THE WEATHER. HE HAD RECOVERED FROM A SURGERY AND I ASKED HIM TO DO A SITE MEET WITH ME AND HE WAS UNABLE TO DO THAT. SO I HAVE BEEN IN TOUCH WITH THE WOODLAWN LAKE ASSOCIATION AGAIN, AND I GUESS THAT'S PROBABLY WHAT I GOT AS FAR AS A REBUTTAL. IF YOU GUYS HAVE ANY MORE QUESTIONS FOR ME, I DO HAVE A, A QUESTION ORIAN, I HAVE A QUESTION. OKAY. MR. ORIAN? DONALD? YEAH. SO, UM, STAFF, COULD YOU BRING UP THE TOAST ONE STA MATT, PLEASE? IT'LL BE JUST A MOMENT, SIR. WE'RE PULLING IT UP. DO YOU MIND IF I ASK A QUESTION WHILE THEY'RE PULLING UP THE MAP? OH, HERE IT GOES. SO WHAT I WANTED TO POINT OUT IS THAT, UH, THE N C D EIGHT UH, KIND OF STARTS ABOUT WHERE THE SUBJECT PROPERTY IS AND MOVES TO THE SOUTH, MOVES TO THE, TO THE EAST. AND IF YOU ZOOM OUT A LITTLE BIT, WHAT YOU'LL NOTICE IS THAT A LOT OF THE LOTS ARE, ARE NOWHERE NEAR AS WIDE AS THE SUBJECT LOT. AND SO WHEN YOU HAVE A 50 FOOT WIDTH REQUIREMENT, UM, IT'S, YOU KNOW, SEEMS APPROPRIATE IF YOUR LOT IS 60 OR 70 FEET WIDE. BUT WHAT DO YOU DO WHEN YOUR LOT'S A HUNDRED AND YOU'RE ONE OF THE FEW THAT ARE ACTUALLY THAT WIDE IN THE N C D EIGHT? AND SO I, I JUST WANTED TO JUST TO POINT THAT OUT TO EVERYBODY, THAT, THAT, UM, THAT IT IS A LITTLE, UH, YOU KNOW, UH, UNIQUE IN THAT PERSPECTIVE. SO I JUST WANTED TO BRING THAT OUT. SO STAFF, CAN YOU PLEASE KIND OF VERIFY WHERE THE NNC D EIGHT GROWS AND CONTINUES, JUST TO GIVE EVERYBODY A PERSPECTIVE OF WHERE WE ARE IN RELATION TO THE REST OF THE N C D? YES SIR. WE'RE GONNA TURN THAT ON. OKAY. SO WE'RE ON THE UPPER NORTHEAST PART. OH, THAT'S THE, THAT'S THE NEIGHBORHOOD ASSOCIATION. THAT IS THE N C D. [00:45:04] YEAH, THAT'S WHAT I WAS TRYING TO POINT AT. 'CAUSE WHEN I, WHEN I TURNED OFF THIS OUTING, IT JUST HAD THE OVERLAY. YOU CAN SEE N C D, JUST N CD EIGHT. JUST KEEP GOING TO THE SOUTH AND TO THE EAST. OKAY, THAT'S ALL. THANK YOU. UH, MY QUESTION IS REGARDING THE HARDSHIP. IF THESE VARIANCES WERE TO BE DENIED TODAY, WHAT HARDSHIP WOULD IT CREATE FOR YOU AND THE PROJECT? UH, WE'VE SPENT $15,000 WORKING DIRECTLY WITH THE ARCHITECT AND HAVE PROBABLY 20 EDITS ON THAT PROJECT ALREADY. IT'S JUST MORE MONEY AND TIME AT THAT POINT. AND THEN THE ORIGINAL HOUSE PROBABLY WON'T BE ABLE TO BE SALVAGED HONESTLY, BECAUSE I WON'T BE ABLE TO FIT FOUR UNITS ON THERE. SO, UH, WITH THAT ORIGINAL HOME. SO THE HARDSHIP THAT IT WOULD CREATE WOULD BE THAT WE'D HAVE TO GO BACK TO THE DRAWING BOARD FIRST AND FOREMOST. BUT SECOND OF ALL, THE HOME WILL NOT BE ORIGINAL TO THE NEIGHBORHOOD ANY LONGER IF I, IF THAT'S REQUIRED. SO THAT, THAT WOULD BE UNFORTUNATE IN MY OPINION. THANK YOU. UH, MS. BRAGMAN AND MR. SPIELMAN. YEAH. UM, SO YOU SAID THAT THE ORIGINAL HOUSE IS BEING SAVED. IS IT BEING INCORPORATED INTO UNITS? ABSOLUTELY, YES. MA MA'AM. YEAH. SO THAT'LL BE UNIT ONE ON YOUR SET OF PLANS? YES, MA'AM. WOULD BE THE ORIGINAL HOME. AND ON THE SITE PLAN, AGAIN, IT SHOWS THE GRAY SHADED AREA THAT IS THE ORIGINAL HOME WITH THE ADDITIONS ON IT. I WOULD TEAR THE ADDITIONS OFF OF THE ORIGINAL HOME, GET BACK TO THE ORIGINAL HOME, AND THEN PUT UNIT TWO RIGHT NEXT TO IT RIGHT THERE UP FRONT. AND AGAIN, UNIT TWO, AS YOU CAN SEE, MATCHES THE LOOK OF UNIT ONE. WHICH UNIT ONE IS THE NEIGHBORHOOD? IT WAS BUILT THERE IN 1920, WHATEVER. SO I DON'T KNOW HOW TO BE MORE BY THE NEIGHBORHOOD GUIDELINES THAN KEEPING THE ORIGINAL HOME. OKAY. THANK YOU. I I GUESS I, I JUST DON'T SEE IT. UM, THE, IT'S, YOU KNOW, IN OTHER NEIGHBORHOODS THEY'VE MANAGED TO BUILD DUPLEXES ON 50 FOOT WIDE LOTS. YES, SIR. THAT LOOK LIKE HOMES THAT HAD BEEN IN THE NEIGHBORHOOD FOREVER. ABSOLUTELY. UH, WHY CAN'T YOU DO THAT? I GOT A HUNDRED FOOT WIDE LOT WHERE, I MEAN, IT'S GONNA, IT WOULD BE IF I PUT A 50 FOOT WIDE HOUSE IN THE CORNER OVER HERE, YOU GOT A WHOLE UNUSED PART OF, I MEAN THAT JUST SEEMS KIND OF, IT WOULD LOOK OFFSET OR COMMISSIONER YOUR MICROPHONE ISN'T ON. OKAY. YES SIR. COMMISSIONER, YOUR MICROPHONE IS NOT ON. I'M SORRY. THERE, THERE, THERE'S SEVERAL , UH, 50 FOOT WIDE LOTS ALL OVER THE CITY WHERE PEOPLE HAVE IN NCDS BUILT DUPLEXES. YES SIR. AND THE FACADE IN FRONT OF THE DUPLEX LOOKS LIKE ALL THE OTHER HOUSES ON THE NEIGHBORHOOD. I I, IS IT POSSIBLE FOR YOU TO DO THE SAME THING ON THESE LOTS? SO I THINK THAT AGAIN, IN, IN THE FACT THAT WE'RE KEEPING THE ORIGINAL HOUSE, I AGAIN DON'T KNOW HOW TO MAKE IT ANY MORE LIKE THE NEIGHBORHOOD. UM, YOU KNOW, ALL THOSE OTHER LOTS AREN'T A HUNDRED FOOT WIDE. AND ONE OF THE UNIQUE THINGS ABOUT MY LOT IS THAT IT IS A HUNDRED FOOT WIDE AND SO, YOU KNOW, UM, THE ORIGINAL HOUSE WOULD NOT BE ABLE TO BE KEPT AND STILL PROVIDE THE QUADPLEX THAT WE'RE LOOKING TO DO, THE TWO UNITS IN THE FRONT AND THE TWO UNITS IN THE BACK. IT, THAT ORIGINAL HOUSE WOULDN'T, IT'S NOT ENOUGH SQUARE FOOT. IT WOULDN'T ALLOW FOR IT. I CAN'T, I COULDN'T MAKE THAT WORK. NO, SIR. SO I WOULDN'T BE ABLE TO KEEP THE ORIGINAL HOUSE AND SHRINK TO A 50 FOOT FACADE. ONE WOULD HAVE TO GO, IT'S A ONE OR THE OTHER. I I I GUESS YOU'RE NOT UNDERSTANDING MY QUESTION. OKAY. MAYBE NOT. I'M SORRY. UH, ON A 50 FOOT WIDE LOT AND YOU'VE BASICALLY GOT TWO OF THEM, UH, PEOPLE HAVE MANAGED TO BUILD HOMES OKAY. WITHIN THAT 50 FOOT WIDE LOT GO BACK AND BECOME BEAUTIFUL DUPLEXES. AND I CAN DO THAT. I CAN, WE, WE SEE THAT ALL OVER TOWN. AND MY QUESTION TO YOU WAS, WHAT IS A HARDSHIP FOR YOU IN, IN NOT BEING ABLE TO DO THAT? I WON'T BE ABLE TO KEEP THE ORIGINAL HOUSE WOULD BE MY HARDSHIP. THAT WOULD, THAT THAT'S, IS THAT A FAIR ANSWER THEN? OKAY. YES SIR. SET SETBACK, SLIDE EASEMENT SIDE THE FLOOR. SIR, CAN YOU USE YOUR MICROPHONE? 'CAUSE THE HOUSE IS CURRENTLY 56 FOOT WIDE, RIGHT? SO THE HOUSE BIGGER THAN 60 FOOT WIDE LOT. NO, I, I UNDERSTAND. I, I, I I GUESS WAS ASSUMING THAT THEY WOULD HAVE TO TEAR THAT DOWN AS OPPOSED TO KEEPING IT AND DOING HIS PLAN. HOW MUCH OF A A AND AGAIN, IMPOSITION THAT WOULD BE IS WHAT I'M REALLY TRYING TO GET AT THIS PLAN HAS BEEN THE ORIGINAL PLAN THAT WE'VE WORKED ON AND EDITED THE ENTIRE TIME WITH ZONING COMMISSION WITH CITY COUNCIL, ALL THAT. I HAVEN'T, IT, IT'S ONLY BEEN CHANGED AND EDITED TO TRY AND ACCOMMODATE AND WORK WITH THE NEIGHBORHOOD AS WELL. WE'VE CHANGED, SO THANK YOU. THANK YOU. ANY OTHER QUESTION FOR THE YES, MA'AM. SO I GUESS MY QUESTION IS, UH, ABOUT HOW MANY UNITS ARE YOU GONNA HAVE TOTAL? FOUR. AND WE GOT APPROVED THROUGH THE REZONING TO HAVE FOUR TOTAL UNITS. YES MA'AM. OKAY. AND I, I GUESS I HAVE ONE QUESTION. OKAY. UH, CERTAIN WHY WOULD YOU BUY IN A HISTORIC DISTRICT AND A SINGLE FAMILY HOUSING AND WANNA PUT FOUR UNITS THERE? I, I DON'T, YOU KNOW, I LIVE IN THE HISTORY HISTORY 'CAUSE OF THE SIZE OF A LOT AND THERE, THERE WERE FOUR METERS, THERE ARE FOUR GAS METERS AND THERE ARE FOUR ELECTRICAL METERS CURRENTLY ON THAT HOUSE AS IT SITS RIGHT THERE TODAY. IF YOU DROVE BY IT, THERE ARE FOUR METERS OF EACH ON THE FRONT OF THE HOUSE. SO DOES THAT, DOES THAT MAKE IT RIGHT THAT YOU WANNA BUILD FOUR UNITS? BECAUSE IT'S, I MEAN, YOU KNOW, THEY HAD MUST'VE HAD SOMETHING HERE. THEY HAD A CASITA IN THE BACK AND YEP. AND MAYBE ANOTHER APARTMENT. YEAH, IT, THAT ORIGINAL HOUSE WAS DIVIDED INTO [00:50:01] THREE, LIKE MS. MALDONADO HAD MENTIONED EARLIER AND THE BACK HOUSE WAS LIKE A LITTLE CASITA. YES, THAT'S CORRECT. SO, BUT YOU WANNA PUT SOMETHING TOTALLY DIFFERENT THERE. I'M KEEPING THE ORIGINAL HOME, ANN, I MEAN ANN, I COULD TEAR IT DOWN. I MEAN, I DON'T KNOW. YOU'RE NOT, I'M TRYING NOT TO DO THAT THOUGH, IS MY POINT. I I DON'T WANT TO TEAR DOWN THE ORIGINAL. BUT YOU'RE NOT KEEPING WITH THE ORIGINAL MASTER PLAN OF THE NEIGHBORHOOD BEING THAT WE'RE ASKING FOR A VARIANCE. THAT'S WHY WE'RE HERE TODAY. YES, MA'AM. YEAH, I UNDERSTAND YOU WERE HERE A COUPLE OF, ABOUT A MONTH AGO. YES. YEAH. YES MA'AM. AND, UM, YOU WEREN'T ABLE TO BE HEARD THAT DAY. YES, MA'AM. SO I, OKAY, THANK YOU. YES MA'AM. THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT? YES. SO, SO REALLY THOUGH THE QUESTION BEFORE US IS THE, THE WIDTH OF THE, THE HOME, THE, THE SETBACKS, IT'S NOT, 'CAUSE YOU'RE ALREADY ALLOWED TO HAVE FOUR UNITS. YES MA'AM. CORRECT. IT'S ZONED FOR THAT. THAT'S, THAT'S BEEN HANDLED IN THE, SO THAT'S, THAT'S A DONE DEAL. YEAH, THERE'S NO QUESTION. SO WE'RE REALLY JUST LOOKING AT THE, THE, UM, THE REAR, YEAH, THE REAR AND THE SIDE, THE REAR SETBACK AND THE WIDTH OF THE FACADE. YES MA'AM. THANK YOU. THANK YOU. ANY OTHER QUESTIONS? HEARING NONE. UM, I GUESS THAT CLOSES THE PUBLIC PORTION AND I'D ASK A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION MANNA MR. MANNA REGARDING CASE NUMBER BO A 2 3 1 0 3 0 0 0 9 7. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR ONE A 13 FOOT EIGHT INCH VARIANCE FROM THE MAXIMUM NCD EIGHT FRONT FACING FACADE WITH, WITH A 50 FOOT TO ALLOW A FRONT FACING FACADE WIDTH OF 63 FOOT EIGHT INCHES AND TWO, A THREE FOOT SIX INCH VARIANCE FROM THE MINIMUMS FIVE FOOT REAR SETBACK REQUIREMENT TO ALLOW DETACHED CARPORTS TO BE ONE FOOT SIX INCHES FROM THE REAR PROPERTY LINE SITUATED AT 1823 WEST CRAIG PLACE, APPLICANT BEING ROBERT BENKE. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY CONSISTENT DEVELOPMENT PATTERNS AND DESIGN SATURNS TO PROMOTE THE ARCHITECTURAL INTEGRITY OF AN ALREADY ESTABLISHED NEIGHBORHOOD IN BUILDING REGULATIONS, THE APPLICANT'S REQUESTING 13 FEET, EIGHT INCHES VARIANCE FROM THE MAXIMUM NCD EIGHT FRONT FACING FACADE WITH A 50 FOOT TO ALLOW A FRONT FACING FACADE WITH A 63 FOOT EIGHT INCHES AND A THREE FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT REAR SETBACK REQUIREMENT TO ALLOW CARPORTS TO BE ONE FOOT SIX INCHES FROM THE REAR PROPERTY LINE. STAFF FINDS THE REQUESTS ARE NOT CONTRARY AS THE EXISTING STRUCTURE ALREADY EXCEEDS A MAXIMUM FRONT FACADE REQUIREMENT. ADDITIONALLY, STAFF FOUND THE CARPORTS IN THEIR ANTICIPATED LOCATION PROVIDE ADEQUATE DISTANCE FROM THE SHARED PROPERTY LINE, WHICH APPEARS TO NOT IMPOSE ON THE PUBLIC INTEREST OF THE BUDDING PROPERTY. TWO, DUE TO SPECIAL CONDITIONS THAT LAW ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE SPECIFIC, THE SPECIAL CONDITION FOUND ON THE SUBJECT PROPERTY BEING THE EXISTING STRUCTURE ALREADY EXCEEDS THE FRONT FACADE REQUIREMENT AND LIMITED SPACE TO PLACE THE CARPORTS. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD NEED TO ALTER THE EXISTING HOME AND REDUCE THE SIZE OF THE REAR YARD TO ALTER THE CARPORT TO ABIDE BY THE N C D DESIGN REQUIREMENTS AND YOU TO SEE, UH, BUILDING REQUIREMENTS. THREE, BY GRANTING THE VARIANCE, THE SPEAR OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. IN THIS CASE, THE INTENT OF THE CODE IS TO ABIDE BY N C D EIGHT DESIGN STANDARDS AND U D C REGULATIONS. DESIGN CENTERS HAVE BEEN ADOPTED TO PROMOTE THE EXISTING DEVELOPMENT PATTERNS AND ARCHITECTURAL DIVERSITY OF THE NEIGHBORHOOD AND BUILDING REGULATIONS FOR SAFE AND UNIFORM DEVELOPMENTS. THE STRUCTURE WAS BUILT PRIOR TO 2001 AND THE ADOPTION OF THE N C D, UM, AND HAS NOT BEEN A MATTER IN QUESTION UNTIL NOW. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE USES ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE AS SUCH, VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. IF GRANTED, THE STRUCTURE WILL, UH, HAVE A FRONT FACING FACADE OF SIX THREE FEET, EIGHT INCHES, AND A REAR SETBACK OF ONE FOOT SIX INCHES. IF GRANTED, STAFF FINDS THAT VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE TO ADJACENT CONFORMING PROPERTIES. THE STRUCTURE ALREADY EXCEEDS THE MAXIMUM REQUIREMENT AND HAS NOT INJURED THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES FROM THE TIME IT WAS CONSTRUCTED PER SATELLITE IMAGERY. OTHER ACCESSORY STRUCTURES WERE SEEN IN THE REAR YARDS OF THE NEIGHBORING PROPERTIES. HOWEVER, SOME OF THESE WERE CONSTRUCTED PRIOR TO 2001 WITH SIMILAR SETBACK DISTANCES. SIX APPLIED TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE, AND ARE NOT MERELY FINANCIAL AND NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN DISTRICT IN WHICH HIS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS THE PREVENTION OR DEMOLITION OF EXISTING HOME AND LIMITING REAR YARD SPACE. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION. DO YOU HAVE A SECOND, [00:55:02] SECOND, SECOND, UH, DISCUSSION. SO WE NORMALLY READ THESE IN A POSITIVE, BUT I WOULD BE VOTING AGAINST THIS FOR A COUPLE OF REASONS. UM, SO, SO ONE IS THAT THERE IS AN AN N C D AND, AND SO THE WHOLE NOTION OF AN N C D IS THAT COMMUNITY GETS TOGETHER AND THIS PROPERTY WAS PURCHASED AFTER THE N C D WAS IN, WAS WAS IN FACT IN PLACE. UM, AND, AND A LOT OF THE DIALOGUE THAT WAS MENTIONED WITH REGARDS TO THE, UH, BREEDING AND THE POSITIVE WAS, UM, KIND OF TALKING ABOUT, UM, GRANDFATHERED, UM, APPLICATIONS. AND SO, SO IF I LOOK AROUND, I DO SEE A LOT OF GRANDFATHERED APPLICATIONS, BUT HENCE THAT WAS, AGAIN, THAT WAS BEFORE THE N C D WAS CREATED AND, YOU KNOW, LOOKING AND DRIVING, YOU KNOW, GOOGLE DRIVING DOWN THE STREET. UM, AND ACTUALLY I DO, I DO, I'M VERY AWARE OF THIS AREA HERE. UM, YOU KNOW, THERE, THERE ARE SPACES BETWEEN EACH OF THE BUILDINGS THAT DO EXIST THERE. AND SO THERE IS KIND OF AN OPEN TYPE COMMUNITY AND, AND PER THE DIALOGUE, UM, THAT WAS BROUGHT UP, UH, BY ONE OF THE COMMISSIONERS HERE, YOU KNOW, THIS CAN BE SUCCESSFULLY DEVELOPED, UM, IF, IF IT'S SO DESIRED, YOU KNOW, TO SUPPORT THE, THE, UH, STRUCTURES AS DEFINED THROUGH THE, UM, R M FOUR. THANK YOU MR. OR THE R FOUR. SORRY. I'VE GOTTA SAY I'M CONFLICTED ON THIS ONE BECAUSE I, I UNDERSTAND EVERYTHING THAT THE APPLICANT HAS, HAS GONE THROUGH AND TRYING TO, UM, WORK WITH THE NEIGHBORHOOD AND TRYING TO, UH, SAVE THE EXISTING STRUCTURE, WHICH IS, YOU KNOW, SOMETHING I THINK A LOT OF US FEEL STRONGLY ABOUT, UM, ESPECIALLY IN THE ORIGINAL THREE SIX SQUARE MILES OF THE, UM, CITY. UM, BUT I ALSO UNDERSTAND THAT THE NEIGHBORHOOD DID GET TOGETHER, UM, HOWEVER MANY YEARS AGO AND DEVELOPED AN N C D. UM, AND THAT GIVEN THAT THIS STRUCTURE IS BEING TOTALLY REDONE, IT UNFORTUNATELY CAN'T BE GRANDFATHERED, UM, BECAUSE OF THE PERCENTAGE, UM, THAT'S BEING REDONE. SO, UH, YEAH, I JUST HAVE A REAL TOUGH TIME WITH THIS. SO, SORRY, I HAVE A REAL TOUGH TIME WITH THIS, BUT I'M, I'M GONNA HAVE TO SAY THAT I, I, I DON'T SUPPORT THE MOTION. I'LL PROVIDE SOME INPUT. I WILL BE SUPPORTING THE MOTION. I BELIEVE THAT THIS IS AN OPPORTUNITY TO SAVE THE BUILDING. THE, THE, UM, I BELIEVE THAT THE, THE ZONING CASE THAT WAS HEARD, THAT WAS PROVIDED, THE INPUT WAS THE CASE THAT WOULD'VE BEEN SUPPORTING THE FOUR UNITS ON THE PROPERTY. THAT WAS THE OPPORTUNITY FOR THE NEIGHBORHOOD. WHAT I'M HEARING IS THE NEIGHBORHOOD OPPOSITION TO THE FOUR UNITS, WHICH IS ALREADY DONE. THAT CASE WAS A ZONING CASE THAT HAS NO PURVIEW ON US. ALL WE'RE LOOKING AT IS THE REAR SETBACK AND THE FRONT FACADE, AND THOSE I DON'T THINK RISE TO THE LEVEL OF OPPOSITION FOR ME TO OPPOSE IT GIVEN, UM, WHAT I SEE AS AN OPPORTUNITY TO SAVE THE BUILDING AND PROVIDE THE FOUR UNITS. SO JUST GIVING MY INPUT HERE AND CHACO IAN, MR. ORIAN? YEAH, I, I'M GONNA BE IN SUPPORT OF THIS FOR A COUPLE REASONS. ONE, UH, WHEN THE N O N C D CAN COVER EVERY SINGLE UNIQUE INSTANCE OF EVERY DEVELOPMENT WITHIN THE N C D, THERE'S SO FEW OF THESE REALLY, REALLY WIDE DEVELOPMENTS. UH, AND THERE'S DIFFERENT ALTERNATES THAT THIS, THIS, UH, UH, APPLICANT COULD HAVE PURSUED. HE COULD HAVE REPLANTED IT INTO TWO LOTS. HE COULD HAVE PUT TWO 40 FOOT WIDE STRUCTURES INSTEAD OF ONE THAT WAS, LET'S SAY LESS THAN 80 FEET. AND SO I THINK THE MASSING OF IT IS GONNA BE LESS THAN WHAT IT WOULD'VE BEEN DURING, UH, OTHER PURSUITS. UM, I THINK THAT THE FACT THAT HE'S TRYING TO KEEP THE EXISTING HOME IS WHAT'S, UH, IS WHAT'S PUSHING ME TO, TO, TO, UM, PROMOTE, UM, BEING, BEING, DECIDING WITH THE ON THIS. SO, UM, I MEAN, THIS ALREADY WENT THROUGH ZONING HAS ALREADY WENT THROUGH CITY COUNCIL. I THINK THAT THE LAYOUT AND THE IDEA HAS ALREADY, HAS ALREADY BEEN, UH, UM, VETTED. SO I'LL BE IN SUPPORT. THANK YOU MR. DORIAN. UH, MR. MANCHACA. OH, I'M, I'M IN AGREEMENT WITH YOU AND, UM, MY COLLEAGUE ORIAN THAT FOR THE REASONS STATED THAT HE'S GIVEN THE DUE DILIGENCE AND THE PROPER PROCEDURE FOR THIS. AND THE LOCALS ONES THAT AGREE WITH YOU, THAT, UH, IMPROVEMENTS ARE NECESSARY REGARDLESS OF YOUR MONETARY OBJECTIVES AT THIS POINT. SO I'LL BE VOTED IN FAVOR OF THE APPLICANT. THANK YOU. ANY OTHER INPUT? HEARING NONE, LET'S PLEASE TAKE A ROLL CALL. VOTE MR. MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN, I'M ACTUALLY GONNA CHANGE MY VOTE AND I WILL SUPPORT THE MOTION MR. S SPILLMAN. I DO NOT CONCUR WITH FINDINGS OF FACT. MR. CODDLE CONCUR. MR. MENCHACA? I CONCUR. MS. HAYES, I DO NOT CONCUR WITH THE FINDINGS OF THE FACT. MS. CRUZ, I DO NOT CONCUR. MS. BROWN. I DO NOT. ACCUR, UH, [01:00:01] CONCUR. I'M SORRY. YOU HEAR THAT? YOU DO NOT CONCUR. I DO NOT. OKAY. I DO NOT CONCUR. OKAY, MR. VASQUEZ? I DO NOT CONCUR. MR. OZUNA? I CONCUR. CHAIR ORIAN. I CONCUR. THE FINALS OKAY. WITH, UH, COUNT SIX AGAINST JULY THE MOTION. MR. CHAIR, WE CAN'T HEAR YOU. I'M SORRY. UH, SO WITH SIX AGAINST AND FIVE FOUR, THE MOTION, THE MOTION DOES NOT PASS, PLEASE GET WITH STAFF AND THEY'LL ASSIST YOU WITH YOUR, UH, PATH GOING FORWARD. THANK YOU. NEXT CASE PLEASE. SHOULD BE CASE NUMBER ONE 19. COOL. THANK YOU. GOOD AFTERNOON, UH, EVERYONE. LOGAN SPARROW, POLICY ADMINISTRATOR. THE FIRST OR NEXT ITEM ON THE AGENDA, I SHOULD SAY, IS CASE, UH, 23 DASH ONE 19. THIS PROPERTY IS LOCATED AT 1 0 6, UH, WESTMINSTER AVENUE IN COUNCIL DISTRICT SEVEN. THE APPLICANT IS LISA OREGON. UH, THIS IS, UH, THE FIRST OF A NUMBER OF APPEALS RELATED TO REVOCATION OF SHORT-TERM RENTAL PERMITS ON YOUR AGENDA TODAY, THE PROPERTY IS ZONED R FOUR. IT IS IN THE MILITARY LIGHTING OVERLAY AND AIRPORT HAZARD OVERLAY DISTRICT. UH, THE SUBJECT PROPERTY, UH, INITIALLY SOUGHT A SHORT-TERM RENTAL PERMIT. WE RECEIVED THE APPLICATION ON JULY 7TH, 2022. WE REVIEWED THAT APPLICATION AND THAT APPLICATION WAS APPROVED FOR AN S T R PERMIT JULY 23RD. UH, THIS CASE, LIKE THE OTHERS ON THE AGENDA, WAS BROUGHT TO OUR ATTENTION THROUGH CITIZEN, UM, CITIZEN, UH, CALLS. UH, WE WERE INFORMED THAT THE PROPERTY IN QUESTION WAS BEING ADVERTISED ON A WEBSITE, UH, WEBSITE CALLED PEERSPACE FOR A PHOTO SHOOT, BUSINESS MEETINGS, PRODUCT PHOTO SHOOT, OR TO HANG OUT WITH FRIENDS, UH, WHICH IS A VIOLATION OF THE S T R ORDINANCE. AND I'M GONNA GO OVER OVER THE SPECIFIC SECTIONS OF THAT IN JUST A MOMENT. UH, WE OF COURSE CONDUCTED A INVESTIGATION. WE HAVE A CODE ENFORCEMENT OFFICER. WE HAVE A TEAM WHO'S, UH, KIND OF BREAD AND BUTTER OF THEIR POSITION IS TO RESEARCH THESE. AND WE FOUND THAT THERE WAS IN FACT A VIOLATION OF THE CODE AND WE REVOKED THAT PERMIT. UM, THERE ARE A NUMBER OF SECTIONS OF CODE UP ON THE SCREEN. THERE'S JUST A COUPLE I WANT TO DRAW TO YOUR ATTENTION. THE FIRST IS SECTION 16 DASH 1100, WHICH IS THE PURPOSE OF THE SHORT-TERM RENTAL ORDINANCE. AND WHAT THAT SECTION SAYS IS THAT THE PURPOSE OF THIS ARTICLE IS TO ESTABLISH REGULATIONS FOR THE PROTECTION OF THE HEALTH AND SAFETY OF OCCUPANTS, OF STR AND TO PROTECT THE INTEGRITY OF THE NEIGHBORHOODS IN WHICH THOSE PROPERTIES OPERATE. UH, ANOTHER SECTION, UH, BEING SECTION 35 3 74 0.01 B IS TITLED LIMITATION ON OTHER ACTIVITIES AT SHORT-TERM RENTALS. AND WHAT IT SAYS IS, REGARDLESS OF TYPE, WHETHER IT'S TYPE ONE OR TYPE TWO, THE OPERATOR SHALL NOT PROVIDE FOOD BEVERAGE DIRECTLY OR INDIRECTLY, SUCH AS USING A CATERER, UH, FOR CONSUMPTION OR A FEE. THIS SUBSECTION SHALL NOT PROHIBIT AN OPERATOR FROM PROVIDING PREPACKAGED FOOD AND TWO SHORT-TERM RENTALS. IN RESIDENTIAL ZONING DISTRICTS SHALL NOT INCLUDE VENUES FOR WEDDINGS, EVENTS, RESTAURANTS, MEETING HALLS, OR ANY OTHER USES, SIMILARLY DESCRIBED IN THE TABLE OF PERMITTED USES. UH, FOR THOSE THAT ARE NOT AWARE, WHAT PEER SPACE PRIMARILY OPERATES AS IS A, IS A, UH, ONLINE SYSTEM THROUGH WHICH YOU CAN ADVERTISE YOUR PROPERTY FOR EVENTS. IT COULD BE WEDDINGS, IT COULD BE PARTIES, IT COULD BE CORPORATE EVENTS OR RETREATS. UH, IT COULD BE FOR PHOTO SHOOTS, AS IS THE CASE WITH THE ADVERTISEMENT THAT IS THE SUBJECT OF THIS APPLICATION. BUT THOSE ARE NOT PERMITTED IN SHORT-TERM RENTALS. SHORT-TERM RENTALS ALLOW OPERATORS TO RENT THE PROPERTY TO, TO FOLKS THAT WANNA STAY THERE FOR ONE OR MORE NIGHTS. A MINIMUM OF 12 HOURS IS ACTUALLY WHAT THE ORDINANCE SAYS. IT DOES NOT GIVE YOU CARTE BLANCHE PERMISSION TO TURN YOUR PROPERTY INTO A COMMERCIAL EVENT SPACE. THIS WAS THE SITE PLAN THAT WAS INITIALLY PROVIDED. UH, THIS WAS PAIRED TO THE APPLICATION FOR WHICH THE S T R PERMIT WAS INITIALLY APPROVED. THIS IS THE SUBJECT PROPERTY AND THESE SURROUNDING USES IS PROPERTY TO THE EAST. YOU SEE THE INTERSECTION FURTHER OFF TO THE EAST. THIS IS ACROSS THE STREET AND BACK TO THE WEST. AS YOU CAN TELL, IT IS VERY MUCH SO A SINGLE FAMILY [01:05:01] NEIGHBORHOOD. IT IS ZONED R FOUR RESIDENTIAL SINGLE FAMILY DISTRICT. AND THIS WAS THE LISTING THAT WAS POSTED ONLINE. YOU CAN SEE HIGHLIGHTED IN YELLOW. THIS BOHEMIAN MOROCCAN THEME SPACE WOULD BE GREAT FOR A PHOTO SHOOT BUSINESS MEETING, PRODUCT PHOTO SHOOT, OR HANG OUT WITH FRIENDS. IN THE BOTTOM LEFT OF YOUR SCREEN, IT ADVERTISES $44 AN HOUR, A MINIMUM OF TWO HOURS. THAT IS ALSO A VIOLATION OF THE SHORT-TERM RENTAL ORDINANCE. ALL ROOMS ARE AVAILABLE FOR SHOOTING. IT STATES THAT PRODUCTION INSURANCE IS REQUIRED, THAT NUDITY IS ALLOWED ON THE PROPERTY. STAFF RECOMMENDS DENIAL OF THE APPLICANT'S REQUEST TO APPEAL OUR DECISION TO REVOKE THE S T R PERMIT. NUMBER ONE, UH, WE ARE REQUIRED TO YOU ADVERTISE A VIOLATION THAT IS A VIOLATION OF THE ORDINANCE. WE HAVE TO REVOKE THAT PERMIT. UH, SPECIFICALLY THE OWNER OR OPERATOR OF THIS SS T R VIOLATED THE ORDINANCE BY ADVERTISING THE PROPERTY FOR THAT COMMERCIAL USE IN VIOLATION OF THE ORDINANCE. ANY QUESTIONS? CRUZ? CRUZ. UM, DO YOU KNOW HOW LONG THEY HAD ALREADY BEEN RUNNING THIS PROPERTY AS A SHORT TERM? UH, I DON'T KNOW. SO I CAN TELL YOU THAT THE ORIGINAL LISTING, UH, AS FAR BACK AS OUR INFORMATION HAS IT IS SEPTEMBER 30TH, 2022. THAT WAS WHEN IT WAS INITIALLY PICKED UP BY OUR THIRD PARTY. UH, WE WORK WITH A THIRD PARTY COMPANY CALLED HOST COMPLIANCE. THEY CAN TELL ME, YOU KNOW, WHEN ADVERTISEMENTS WERE POSTED WHEN THERE WERE CERTAIN BOOKINGS. THE OLDEST DATE THAT I HAVE IS SEPTEMBER 30TH, 2022. OKAY. THANK YOU VERY MUCH. THANK YOU, MS. CRUZ. ANY OTHER QUESTION FOR STAFF? HEARING NONE, WE'LL ASK THE APPLICANT TO PLEASE COME FORWARD. HI. SO I HAVE A FEW DOCUMENTS THAT ARE PRINTED OUT THAT I WANTED TO GIVE TO EVERYBODY. I CAN YOU, UH, STATE YOUR NAME AND ADDRESS PLEASE? OH, MY NAME IS LISA HORGAN AND MY ADDRESS IS 1 0 6 WESTMINSTER AVENUE. CAN YOU SPEAK UP A LITTLE BIT INTO THE MIC PLEASE? YEAH. AND IF YOU HAND THOSE DOCUMENTS TO THE STAFF TO YOUR RIGHT THERE, THEY WILL PASS THOSE OUT FOR YOU. OKAY. PLEASE PROCEED WHILE HE'S PASSING OUT THE OH, OKAY. . SORRY. THANK YOU. UM, SO AS YOU'LL SEE ON THE DOCUMENTS I HAVE PRINTED OUT, UM, THERE WAS THE LISTING ON PEERSPACE. UM, AND I HAD NEVER DONE ANY BUSINESS ON THE PLATFORM WHATSOEVER. UM, THERE WERE NEVER ANY BOOKINGS. UM, THE ONLY REASON I HAD IT LISTED ON THERE IS BECAUSE I HAD NOTICED, UM, AROUND THE TIME WHEN I HAD STARTED ADDING THE LISTING TO AIRBNB THAT, UM, THERE WERE MANY SINGLE FAMILY HOMES AND DIFFERENT THINGS THAT ARE, WERE ON AIRBNB THAT WERE ALSO LISTED ON PEERSPACE. UM, AND I HAD NEVER READ ANYWHERE IN THE DOCUMENTATION OF THE ORDINANCE THAT, UM, THERE WAS A 12 HOUR MINIMUM. SO I JUST DID NOT REALIZE THAT IT WASN'T ALLOWED. UM, OR ALSO I NEVER WOULD'VE LISTED IT IN THE FIRST PLACE. UM, AND ALSO, UM, I WAS NEVER SENT A WARNING OF ANY KIND. UM, IT WAS JUST, UH, THE LICENSE, THE SHORT-TERM RENTAL LICENSE WAS REVOKED. UM, AND IF I WOULD'VE BEEN SENT A WARNING OR, OR, YOU KNOW, ANY TYPE OF FEE, I GLADLY WOULD'VE PAID IT AND IMMEDIATELY REMOVED IT FROM PEERSPACE. IT WAS JUST BASICALLY A MISUNDERSTANDING AND NOT UNDER KNOWING THAT, UH, IT WASN'T ALLOWED TO BE ON THERE. UM, SO I IMMEDIATELY, WHEN I SAW THE EMAIL FROM THE CITY, I, UH, SENT THAT TO PEERSPACE AND I TOLD THEM TO PLEASE, YOU KNOW, DELETE MY ACCOUNT, REMOVE IT. CAN YOU PLEASE VERIFY THAT I'VE NEVER DONE BUSINESS ON HERE SO I CAN SHOW THAT TO THE CITY? AND, UM, YEAH, I, IT WAS BASICALLY, UH, MISUNDERSTANDING ON MY PART. SO I'M NOT TRYING TO, UM, YOU KNOW, VIOLATE ANY OF THE ORDINANCES THERE. I BOUGHT THE HOUSE BACK IN 2019. UM, IT NEEDED A LOT OF WORK. AND THE , THE OWNERS AROUND ME HAD TOLD ME THAT THE PRIOR OWNERS HAD HAD LIKE BIG PARTIES THERE AND THINGS THAT WERE IN OF COMMERCIAL NATURE. AND SO THEY'RE LIKE, OH, WELL, WHY ARE YOU BUYING IT? AND I'M LIKE, WELL, IT, IT NEEDS A LOT OF WORK. BUT, YOU KNOW, I THINK IT HAS A LOT OF POTENTIAL. AND SO [01:10:01] BASICALLY WHAT I'M TRYING TO SAY IS I HAVE NO INTENTION OF VIOLATING ANYTHING WITH THE CITY. I DEFINITELY WANNA, YOU KNOW, HELP AND, UM, CONTRIBUTE IN TAXES AND PAY ANY FEES THAT ARE NECESSARY. UM, I KNOW ALSO THE ORDINANCES CAME INTO EFFECT IN 2018, AND, YOU KNOW, THERE'S GONNA BE MORE WEBSITES LIKE THIS THAT MAYBE PEOPLE DON'T UNDERSTAND WHAT THEY'RE FOR. LIKE I DIDN'T, AND I THINK IT WOULD BE, YOU KNOW, HELPFUL IF MAYBE EVEN MAYBE THERE'S, YOU KNOW, UM, VIOLATION FEES FOR THINGS LIKE THIS AND, AND WARNINGS SENT OUT TO PEOPLE RATHER THAN JUST THE LICENSE BEING REVOKED THAT THERE'S MAYBE A 30 DAY PERIOD OR A CHANCE THAT THE PERSON COULD TAKE IT DOWN FROM THE WEBSITE RATHER THAN IT JUST BEING REVOKED. UM, AND THAT'S ALL I HAVE TO SAY, BUT IF YOU CAN, THANK YOU. LET'S SEE IF WE HAVE ANY QUESTIONS. UM, ANY QUESTIONS FOR BRAGMAN? MS. BRAGMAN? UM, SO YOU SAID THAT YOU HAD HAD NO BOOKINGS THROUGH PEERSPACE. HAD YOU HAD OTHER BOOKINGS THROUGH AIRBNB? V R B O, JUST AIRBNB? UM, I'VE HAD REQUESTS THROUGH V R B O, BUT THEY'VE NEVER, UM, LIKE FULLY WENT THROUGH. UM, MAYBE MY SETTINGS ARE WRONG ON THERE, , BUT I'VE ONLY HAD BOOKINGS THROUGH AIRBNB. OKAY. AND SO, AND HAVE YOU BEEN TURNING IN YOUR MONTHLY, IS IT MONTHLY OR QUARTERLY? MONTHLY. MONTHLY. MONTHLY. UH, UM, HOT REPORTS AND, AND TAXES YOU HAVE. THANK YOU. MM-HMM. . THANK YOU. ANY OTHER QUESTIONS? HEARING NONE, UH, STAFF, DO WE HAVE ANY, UM, PUBLIC INPUT OR VOICEMAIL TO BE PREPARED FOR THE PUBLIC RECORD? YEP. WE GOT ONE VOICEMAIL AND FOUR SPEAKERS. WE'LL START WITH THE VOICEMAIL. YOU, YOU CAN SAY IT. WELL, LORD. THANK YOU. MY NAME IS PAULA COPEMAN. I LIVE AT ONE 18 E SUMMIT. I SPEAK TO ITEM NUMBER SEVEN. MY PHONE NUMBER IS (512) 470-2405. I SUPPORT LISA HORGAN'S APPEAL OF THE REVOCATION OF HER SHORT TERM RENTAL PERMIT BECAUSE THE CODE CONTAINS CONFLICTING INFORMATION ABOUT WHEN A PERMIT SHALL BE REVOKED. SHALL AN S C R OWNER LOSE HER LICENSE FOR 12 MONTHS FOR A FIRST OFFENSE? THE CODE IS NOT CLEAR. SOME VIOLATORS GET AN OPPORTUNITY TO CORRECT. DOESN'T MS. HORGAN DESERVE A WARNING BEFORE THE DRACONIAN MEASURE OF REVOKING HER LICENSE FOR 12 MONTHS? FOR HER ADD PER THE EXECUTIVE SUMMARY FOR THIS CASE, STAFF WAS INFORMED THAT THE PROPERTY IN QUESTION WAS BEING ADVERTISED AS A SPACE FOR A PHOTO SHOOT BUSINESS MEETING, OR HANGOUT WITH FRIENDS AS WELL AS A SHORT-TERM RENTAL. AS A RESULT OF AN INVESTIGATION, THE PERMIT WAS REVOKED PER SECTION 16 1 1 1, 1 OF THE CITY'S CODE OF ORDINANCES. BUT SECTION 16, 1 1, 1 SAYS, AND I QUOTE, IN ADDITION, IF ANY VIOLATIONS HAVE BEEN COMMITTED AND NOT CORRECTED WITHIN THE TIME SPECIFIED, THE DIRECTOR SHALL BEGIN THE PROCEDURES TO REVOKE THE SHORT-TERM RENTAL PERMIT. SECTION 16 1 1 1 0 B SAYS, SHORT-TERM RENTAL PERMITS SHALL BE REVOKED IF THREE OR MORE CONFIRMED CITATIONS ARE ISSUED WITHIN ANY SIX MONTH PERIOD, B SAYS, FAILURE TO PAY HOTEL TAX SHALL RESULT IN PERMIT REVOCATION IF ARREARAGE IS NOT PAID WITHIN 90 DAYS. AND G CLOSELY MIMICS A RECENT HANDOUT ON STRS FROM THE CITY THAT SAYS, QUOTE ENFORCEMENT PROCESS COMPLAINT FORWARDED TO THE CODE ENFORCEMENT SECTION. INSPECTION IS DONE WITHIN THREE DAYS. IF IN VIOLATION, A 14 DAY NOTICE IS ISSUED, CODE ENFORCEMENT REINS INSPECTS AFTER 14 DAY PERIOD, IT'S STILL IN VIOLATION. A CITATION IS ISSUED FOR UP TO $500 PER DAY. THE PROPERTY REMAINS IN VIOLATION OF THE S C R ORDINANCE. IN SUMMARY, THE CODE ALLOWS THE CITY TO GIVE AN SS C R OWNER THE CHANCE TO CORRECT A VIOLATION AND OR PAY A FINE FOR A FIRST OFFENSE BEFORE REVOKING THEIR LICENSE FOR 12 MONTHS, OR FORCING THEM TO PAY $600 TO APPEAL TO THE BOARD OF ADJUSTMENT. IN MY OPINION, IT'S IN THE BEST INTEREST OF THE CITY TO GIVE ALL S E R OWNERS THE CHANCE TO COLLECT VIOLATIONS BEFORE REVOKING THE PERMIT. FAILURE TO TREAT S E R OWNERS EQUALLY CAN RESULT IN ACTION AGAINST THE CITY, SUCH AS A LAWSUIT FILED AGAINST THE CITY OF FORT WORTH JUST 11 DAYS AGO. THANK YOU FOR YOUR CONSIDERATION. ALL RIGHT. FIRST SPEAKER IS MR. TONY GARCIA. GOOD AFTERNOON, COMMISSIONERS. MY NAME IS TONY GARCIA. I LIVE AT 2 43 [01:15:01] E SUITE EDGE IN SAN ANTONIO, TEXAS. UH, THIS STATEMENT IS FOR AGENDA ITEM NUMBER SEVEN. I WAS A STAKEHOLDER REPRESENTATIVE ON THE CITY'S TASK FORCE, WHICH CREATED THE SHORT-TERM RENTAL ORDINANCE. I OFFERED MY COMMENTS TO SUPPORT STAFF RECOMMENDATION FOR DENIAL. THE S T R ORDINANCE WAS CREATED BY A BALANCED GROUP OF INDIVIDUALS REPRESENTING SS T R OPERATORS, S T R, INDUSTRY REPRESENTATIVES, AND NEIGHBORHOOD LEADERS. THE INCLUSION OF THE LANGUAGE IN THE S T R ORDINANCE TO PROHIBIT EVENTS WAS A DIRECT RESPONSE TO THE CONCERNS RAISED BY ALL STAKEHOLDERS DURING THE DRAFTING OF THE ORDINANCE. POLICE UPHOLD THE INTEGRITY OF THE S ST OR ORDINANCE AS IT WAS ADOPTED. THANK YOU FOR YOUR CONSIDERATION. LET'S SEE IF WE HAVE ANY QUESTIONS. ANY QUESTIONS FOR, UH, NO. OKAY. THANK YOU SIR. SURE. ALRIGHT, NEXT IS MR. TOM SIMMONS. TOM SIMMONS 5 0 1 CLUB DRIVE, BIANCA MALDONADO. ALRIGHT, ANYBODY ELSE GIVING THEIR TIME TO MS. MALDONADO? MS. MALDONADO, YOU HAVE SIX MINUTES. BIANCA MALDONADO RESIDE AT 4 57 CLUB DRIVE. GOOD AFTERNOON, COMMISSIONERS. AGAIN, I TOO ALSO SERVED AS A STAKEHOLDER ON THE TASK FORCE WHEN THE SHORT-TERM RENTAL ORDINANCE WAS CREATED REPRESENTING NEIGHBORHOODS, AND THERE WAS A ROBUST DIALOGUE. WE HAD A LOT OF INDIVIDUALS WHO CAME AND VOICED THEIR CONCERNS ABOUT THE CREATION OF THE ORDINANCE, WHAT IT WOULD MEAN TO THEM AS OPERATORS, AND WHAT IT WOULD MEAN TO THEM AS RESIDENTS AND NEIGHBORHOODS. THE NUMBER ONE CONCERN, OVERWHELMINGLY, THEY DID NOT WANNA SEE THESE HOMES TURN INTO PARTY HOUSES. THEY DID NOT WANT TO SEE WHAT YOU SEE OTHER CITIES COMPLAIN ABOUT HAPPEN IN OUR CITY. THEY WANTED TO ENSURE THEIR QUALITY OF LIFE WAS RESPECTED. WHEN YOU LOOK AT THE PURPOSE OF THE SHORT-TERM RENTAL ORDINANCE, IT SPECIFICALLY STATES IT IS CREATED TO PROTECT NOT ONLY THE PEOPLE WHO WILL RESIDE AND STAY IN THOSE HOMES, BUT ALSO THE NEIGHBORHOOD THAT IT WILL OPERATE IN. THESE ARE SINGLE FAMILY ZONED PROPERTIES. THE INFORMATION THAT WAS PUT ON THAT PEER SPACE AD THAT WAS JUST PRESENTED TO YOU BY STAFF, THAT'S NOT THE SAME INFORMATION THE OPERATOR PUBLISHED ON AIRBNB. AND WHY IS THAT? BECAUSE THAT PLATFORM RECOGNIZES THAT THAT IS NOT SOMETHING THEY WANT TO SEE IN THEIR, UH, HOMES THAT ARE BEING LISTED. WE SEE INDUSTRY LEADERS LIKE AARON B N B CREATING, UM, HOTLINES. SO NEIGHBORS COULD CALL IN WHEN THESE EVENTS AND THESE PARTIES ARE HAPPENING. BUT BECAUSE THEY'RE GOING OUT ON A SITE THAT'S RENTING OUT CORPORATE ROOMS, UH, FOR MEETING EVENTS IN, IN, UH, ZONE, PROPERLY ZONED, UH, LOCATIONS, THIS IS AN EGREGIOUS SITUATION. THIS ISN'T JUST A VIOLATION OF THE SHORT-TERM RENTAL PERMIT. THIS IS A VI A ZONING VIOLATION TO BE ABLE TO HAVE THIS TYPE OF EVENT. YOU NEED A C TWO ZONING. AND SO YOU DON'T HAVE THAT TYPE OF PARKING AND OFFERING NUDITY. IT, IT RAISES THE CONCERN, ARE THEY FILMING PORNOGRAPHY AND IS THAT SOMETHING YOU WANT? AND THESE SINGLE FAMILY RESIDENTIAL HOMES, THESE ARE ALL CONCERNS THAT WERE VERY THOUGHTFULLY DISCUSSED FOR A VERY LONG TIME WHEN THE STAKEHOLDERS CREATED AND RECOMMENDED THE ORDINANCE TO COUNSEL. AND SO FOR THAT REASON, I'M HERE TO OPPOSE THE APPLICANT'S APPEAL AND ASK THAT YOU UPHOLD THE INTEGRITY OF THE ORDINANCE. THERE ARE REASONS WHY CERTAIN THINGS ARE GIVEN WARNINGS AND OTHER THINGS ARE GIVEN AN IMMEDIATE REVOCATION BECAUSE THIS IS A SERIOUS SITUATION. IF YOU'RE A BUSINESS OWNER, DO YOUR DUE DILIGENCE. IT'S CLEARLY WRITTEN IN BLACK AND WHITE IN THE ORDINANCE ON WHAT IS NOT ALLOWED. AND SO THANK YOU FOR CONSIDERATION OF MY COMMENTS. ALL RIGHT, NEXT UP IS MS. PAULA KAUFMAN. UH, I WAS THE ONE THAT SPOKE ON THE TELEPHONE, SO IF, IF YOU HAVE ANY QUESTIONS, MA'AM. ALL RIGHT. NEVERMIND MA'AM. SORRY WE DIDN'T KNOW YOU LAST. LASTLY IS THERESA CORONADO. HELLO, THERESA CORONADO, TEN SIX FOURTEEN SHANE PATH. UM, SPEAKING ON BEHALF OF MY PARENTS, ROBERT CORONADO. CONNIE CORONADO, WHO LIVED NEXT DOOR, ONE 10 WESTMINSTER. MY PARENTS HAVE BEEN A RESIDENT THERE FOR OVER 50 YEARS. THEY ASKED THAT YOU STRONGLY APPROACH THE APPEAL OF THE SHORT-TERM RENTAL. UM, MY PARENTS WEREN'T AWARE THAT THERE WAS A SHORT-TERM RENTAL NEXT DOOR. THEY NOTICED SOMETHING GOING ON WITH THE INCREASED NUMBER OF PEOPLE COMING IN AND OUT OF THE NEIGHBORHOOD. BANDERA IS, UM, RIGHT UP AGAINST WESTMINSTER, UH, BANDERA'S, A VERY BUSY ROAD. WESTMINSTER'S A VERY NARROW STREET. SO THERE'S BEEN A BIG ISSUE WITH PARKING. THERE'S CONSTANTLY CARS PARKED ON BOTH SIDES OF WESTMINSTER. WHEN MY PARENTS TRY TO COME IN FROM BANDERA ROAD, IT'S VERY DIFFICULT, IF NOT IMPOSSIBLE TO SEE ONCOMING TRAFFIC BECAUSE THE [01:20:01] ROAD WESTMINSTER IS NARROW AND IT CURVES RIGHT AS YOU'RE COMING IN FROM BANDERA ROAD. SO, UM, THE OTHER ISSUE IS THAT JUST THE INCREASED NUMBER OF UNFAMILIAR FACES IN OUR NEIGHBORHOOD. UM, MY PARENTS HAS BEEN THERE FOR OVER 50 YEARS, AS I SAID, AND YOU KNOW, THEY'VE RAISED FAMILIES. I GREW UP IN THAT HOUSE. UH, WE NOW HAVE LOTS OF GRANDCHILDREN TO LEARN NOW OF HOW THIS SPACE WAS BEING ADVERTISED, UM, IS VERY CONCERNING NOW BECAUSE, UM, THEY WEREN'T AWARE OF, OF HOW IT WAS BEING USED. THEY JUST NOTICED MANY UNFAMILIAR FACES AND, AND ISSUES WITH PARKING. SO NOW THAT RAISES A WHOLE OTHER ISSUE OF SAFETY AND CONCERN. UM, WE HAVE GRANDCHILDREN THAT COME TO VISIT, YOU KNOW, WHO ARE THESE PEOPLE THAT ARE COMING IN AND, UM, RENTING THIS SPACE. AND, UM, JUST VERY DISHEARTENED TO SEE THAT IT WAS BEING ADVERTISED AS, UM, ACCEPTING NUDITY. WHAT WHAT IS GOING ON? SO, UM, WE ASK THAT YOU VOTE IN OPPOSITION. THANK YOU. THANK YOU. THAT'S ALL THE PUBLIC COMMENTS. ALL RIGHTY. UH, SO I'D ASK THE APPLICANT, YOU'VE HEARD, UH, SOME OF THE COMMENTS IF YOU WANNA PROVIDE A FINAL REBUTTAL BEFORE WE CLOSE THE PUBLIC PORTION. AND, AND IF I MAY, I CAN WAIT FOR HER REBUTTAL FOR SURE. BUT THERE'S JUST ONE OR TWO THINGS I'D LIKE TO CLARIFY AS WELL. WHY DON'T YOU GO FIRST AND THEN, AND THEN I'LL ASK, I'LL HAVE HER AS PROVIDE THE FINAL REBUTTAL. SURE. SO STAFF PLEASE. SO IN SOME OF THE PUBLIC TESTIMONY IT WAS MENTIONED THAT, YOU KNOW, REVOKING THE PERMIT IS A DRACONIAN MEASURE. I I DO WANT TO AGAIN POINT OUT THAT SECTION 16 DASH C IS VERY CLEAR IN DIRECTING STAFF WHAT WE HAVE TO DO. VIOLATION OF ANY SECTION OF THIS ARTICLE SHALL CONSTITUTE AN OFFENSE RESULTING IN PERMIT REVOCATION. THAT IS NOT A CHOICE. THAT IS WHAT CITY COUNCIL DIRECTS STAFF THAT WE ARE TO DO IN THE EVENT OF THE VIOLATION DESCRIBED. NOW, THERE ARE DIFFERENT LEVELS OF VIOLATION AND CERTAINLY WE HAVE CODE ENFORCEMENT OFFICERS THAT CAN ISSUE CITATIONS OR WARNINGS FOR VARIOUS SORTS OF OFFENSES. IF WE VISIT A SHORT-TERM RENTAL AND THE GRASS IS 14 INCHES TALL, WE DON'T REVOKE THE PERMIT, WE GIVE THEM A WARNING. THREE CONFIRMED VIOLATIONS LIKE THAT CAN RESULT IN PERMIT REVOCATION. BUT THIS IS A DIRECT VIOLATION OF THE ORDINANCE. AND WHAT CITY COUNCIL TELLS STAFF THAT WE HAVE TO DO IS WE HAVE TO REVOKE THE PERMIT WHEN WE REVOKE THE PERMIT. THE PERMIT IS, OR THE PROPERTY IS GIVEN A 12 MONTH PENALTY. THEY CANNOT OPERATE AN SS T R AT THAT PROPERTY FOR 12 MONTHS. AFTER 12 MONTHS, THEY CAN REAPPLY FOR A NEW PERMIT. DURING THAT 12 MONTHS, THEY MAY RENT THE PROPERTY FOR LONGER THAN 30 DAYS. THAT'S NOT CLASSIFIED AS A SHORT TERM RENTAL THAT DOES NOT REQUIRE THE PAYMENT OF HOTEL OCCUPANCY TAX. SO THERE ARE ALWAYS OTHER OPTIONS AVAILABLE TO THESE PROPERTY OWNERS DURING THAT 12 MONTH PENALTY PHASE. I JUST WANTED TO CLARIFY WHY IT IS THAT WE WENT TO REVOCATION IN THIS INSTANCE. THANK YOU. THANK YOU, MR. SPARROW, THE APPLICANT. PLEASE, UH, COME FORWARD AND PROVIDE ANY CLOSING REBUTTAL. UH, MR. MACHACA, UH, I HAVE A QUESTION FOR STAFF ON THAT. UH, SO ONCE THIS VIOLATION WAS DISCOVERED OR THAT IT CROSSED THE LINE THAT, UH, THERE WAS NO NEED FOR WARNINGS, THAT WAS IT. THAT'S IT. AND, AND I, I SUPPOSE I COULD ALSO DRAW TO YOUR ATTENTION SECTION 16 DASH 1104 A SIX, WHICH IS PART OF THE APPLICATION PROCESS, A SWORN SELF-CERTIFICATION THAT THE OWNER OF THE S T R HAS MET AND WILL CONTINUE TO COMPLY WITH ALL THE STANDARDS HEREIN. THANK YOU. SO THERE WAS AN ACKNOWLEDGEMENT THAT WE UNDERSTOOD WHAT THE RULE WAS AS PART OF THE APPLICATION PROCESS. THANK YOU. ANY OTHER QUESTIONS FOR STAFF OR? OKAY, PLEASE. OKAY. SO, UM, JUST TWO THINGS I WANTED TO TOUCH ON. SO ONE IS THE, UM, THE ALLOWED NUDITY PART IN THAT. UM, SO I THOUGHT IT WAS A WEIRD QUESTION AND HOW COULD I POSSIBLY ENFORCE THAT ? UM, SO I DIDN'T KNOW WHAT TO MARK ON THERE AND I'VE NEVER HAD ANY BOOKINGS. I'VE REALLY NEVER LOOKED AT IT SINCE I'VE PUT IT ON PEERSPACE, UM, LAST YEAR. AND, UM, OF COURSE IT'S BEEN TAKEN DOWN NOW. BUT, UM, THE ISSUE THAT, UM, THE NEXT DOOR NEIGHBOR HAD MENTIONED ABOUT MANY, UM, NEW FACES. SO THIS, THE SHORT TERM RENTAL THAT I WAS RUNNING, UM, THEY, IT'S ONLY TWO PEOPLE CAN FIT IN THERE. IT'S, IT'S A STUDIO LITTLE AREA AND, UM, THEY PARK IN THE DRIVEWAY. SO THERE'S, THERE'S NO CARS TAKEN UP ON THE STREET. THE ISSUE THAT IS WITH THE PARKING [01:25:01] IS DEFINITELY HAPPENING. UM, THERE IS A HOUSE, SO WE'RE ONE HOUSE FROM THE CORNER OF BANDERA AND THAT HOUSE HAS, I THINK THREE OR FOUR UNITS. I DON'T KNOW, I THINK THEY'RE RENTING IT OUT BY THE BEDROOM. SO THEY USUALLY HAVE BETWEEN FOUR TO SIX CARS PARKED OUTSIDE AND THEY'RE TAKING A LOT OF THE PARKING ON THE STREET AND BECAUSE THEY'RE RENTING OUT ROOM BY ROOM AND MAYBE I DON'T, I DON'T KNOW HOW THEY'RE RENTING IT OUT EXACTLY, BUT THERE'S ALWAYS NEW FACES THERE. AND WE'VE HAD AN ISSUE. I'M EVEN THINKING ABOUT PUTTING UP A, A SHORT FENCE IN THE DRIVEWAY 'CAUSE THEY'RE ALWAYS WALKING ON OUR PROPERTY ALL THE TIME. UM, SO THAT HAS NOTHING TO DO WITH, WITH THIS RENTAL AT ALL. THAT HAS TO DO WITH THE, THE HOUSE NEXT DOOR. UM, AND WE'RE HAVING A ISSUE WITH THE TWO, BUT I DON'T KNOW WHAT TO DO ABOUT THAT. SO, BRAGMAN, THANK YOU. UH, MS. BRAGMAN, YOU MIGHT WANNA GO WITH STAFF AFTER TO SEE IF IT, YOU COULD DO LIKE NO PARKING SIGNS OR SOMETHING TO MS. BRAGMAN. UH, I HAVE A QUESTION FOR YOU. UM, HAVE YOU TRIED RENTING IT OUT FOR LONG TERM AS OPPOSED TO JUST SHORT TERM? UH, YEAH, I MEAN, IF, IF THIS GETS REVOKED, THAT'S WHAT WE'LL DO. YEAH. OKAY. THANK YOU. MM-HMM. . ALRIGHT. ANY OTHER QUESTIONS? HEARING NONE, I'D ASK, UH, MEMBERS OF THE BOARD, THIS TAKES A ROLL CALL VOTE, RIGHT? IS IT, OR? YES. ROLL CALL. OKAY. UM, ANY MEMBER OF THE BOARD WILLING TO MAKE A MOTION HERE? ORIAN, MR. ORIAN? I'LL READ A SHORT ONE. UH, REGARDING CASE NUMBER BO O A 23 DASH THREE NINE, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE APPEAL FOR THE PROPERTY SITUATED AT WEST WESTMINSTER AVENUE, APPLICANT BEING LISA MORGAN BECAUSE THE INFORMATION PROVIDED CHOSE CITY STAFF IN AREA AND LEADING THE SHORT TERM RENTAL PERMIT. END OF MOTION. DO I HAVE A SECOND? I HAVE A SECOND. ANY DISCUSSION MR. ORIAN? I'M NOT GONNA BE IN SUPPORTING THE APPLICANT ON THIS. ASIDE FROM THE WHOLE NUDITY THING, THEY, THEY EVEN LIST TO A RENTAL BY THE HOUR. I MEAN, THIS ISN'T, THIS IS AN INTENDED TO BE S T R FROM THE GET-GO. THANK YOU MR. MANO. SO, AND, AND, UM, I WILL, UH, I CONCUR WITH MY COLLEAGUE AND, AND JUST ADDING, YOU KNOW, THAT PART OF THIS DIALOGUE IS, IS THAT WE'RE SUPPOSED TO BE DETERMINING IF THE STAFF MADE AN ERROR IN REVOKING AND I DON'T SEE AN ERROR IN, IN WHAT WAS DONE. AND SO I WILL NOT BE SUPPORTING THIS APPEAL. THANK YOU. ANY OTHER COMMENT? HEARING UNSTAFFED, PLEASE TAKE A ROLL CALL VOTE CHAIR. ORIAN, I DO NOT SUPPORT THE APPEAL. MR. MANNA. I DO NOT SUPPORT THE APPEAL. MR. S SPILLMAN, I DO NOT SUPPORT THE APPEAL. MR. CODDLE NON CONCUR. MR. MENCHACA DID NOT SUPPORT MS. HAYES. DID NOT SUPPORT MS. CRUZ. DO NOT SUPPORT MS. BROWN. I DO NOT SUPPORT THE, UM, THE APPEAL. MR. VASQUEZ, I DO NOT SUPPORT MS. BRAGMAN. I DO NOT SUPPORT THE APPEAL. MR. UNA, I DO NOT SUPPORT THE APPEAL. UH, WITH 11 AGAINST AND ZERO IN, IN FAVOR. THE, UH, MOTION, UM, DOES NOT PASS. THANK YOU. PLEASE GET WITH STAFF. NEXT CASE PLEASE. THANK YOU. UH, THE TIME IS TWO 30 AND MR. VASQUEZ WILL BE TAKING A SHORT BREAK, BUT WE CAN, WE HAVE ENOUGH TO CONTINUE ON WITH THE, YEAH. THE NEXT ITEM IS CASE 23 DASH ONE 20. THIS IS LOCATED AT 2102 WEST KINGS HIGHWAY, ALSO IN COUNCIL DISTRICT SEVEN. THE APPLICANT IS JANICE ARAGONEZ. THE, AGAIN, THE APPEAL IS A REQUEST OF OUR DECISION TO REVOKE THE SHORT-TERM RENTAL PERMIT. THIS PROPERTY IS ZONED RESIDENTIAL SINGLE FAMILY, UM, MONTICELLO PARK HISTORIC, UH, AIRPORT HAZARD OVERLAY DISTRICT. UH, THIS PROPERTY APPLIED FOR A PERMIT ON APRIL 2ND, 2022. THAT PERMIT WAS, UH, APPROVED ON MAY 5TH, 20. SIMILAR TO THE PREVIOUS CASE, STAFF WERE NOTIFIED THAT THE PROPERTY WAS BEING ADVERTISED FOR PHOTO SHOOTS, WINE TASTINGS, SMALL CEREMONIES, BACHELORETTE PARTIES, NETWORKING EVENTS, BIRTHDAY PARTIES, PRIVATE DINNERS, CORPORATE EVENTS, MEETINGS AND RETREATS, AS WELL AS A SHORT-TERM RENTAL. UH, WE CONDUCTED AN INVESTIGATION IN SIMILARLY, WE REVOKED A PERMIT. THE, QUITE FRANKLY, IT IS THE SAME APPLICABLE SECTIONS OF CODE. I KNOW YOU HAVE A LONG AGENDA TODAY, SO I WILL SPARE YOU REREADING ALL OF THOSE. UH, THIS IS THE SITE PLAN THAT WAS INITIALLY, UH, SUBMITTED AS PART OF THE, UH, UNDERLYING APPROVAL. THIS IS THE SUBJECT PROPERTY. IT'S PRETTY LARGE SINGLE FAMILY HOME, PICTURES OF SOME OF THE SURROUNDING AREAS. THIS IS THE PROPERTY ACROSS THE STREET. [01:30:02] AND AGAIN, LOOKING BACK TO THE WEST AGAIN, JUST AS WE DID BEFORE YOU SEE HIGHLIGHTED WHERE IT WAS ADVERTISED FOR PHOTO SHOOTS, PRIVATE DINNER PARTIES, CORPORATE EVENTS, ET CETERA. WE HAVE THE 200 AND HOUR HOURLY RATE AT FOUR HOUR MINIMUM. AGAIN, THE MINIMUM FOR A SHORT-TERM RENTAL IS A 12 HOUR STAY. UH, THIS ONE ACTUALLY ADVERTISES AN INCREDIBLE IN-HOUSE CHEF WHO WILL COME TO THE HOUSE AND PREPARE FOOD ANY WAY YOU LIKE IT. THAT IS A VIOLATION OF THE SHORT-TERM RENTAL ORDINANCE. AND THIS ONE HAS A COUPLE CUSTOMER REVIEWS. SO WE HAVE REAL, REAL QUICKLY TIME IS TWO 30. MR. VASQUEZ IS BACK IN PANEL. THANK YOU. WE HAVE, UH, ONE, UH, PERSON HERE AT THE TOP WHO BOOKED AN OFFICE, HOLIDAY PARTY FOR 24 PEOPLE. ANOTHER COMPANY HOLIDAY PARTY FOR 25 PEOPLE. A STAFF RECOMMENDS DENIAL OF THE REQUESTED APPEAL. UH, AGAIN, THE ORDINANCE REQUIRES THAT WE REVOKED THAT PERMIT. THAT'S WHAT THE CODE SAYS. UM, AND THAT THE OWNER OF THE, UH, SHORT-TERM RENTAL PERMIT VIOLATED THE SS T R ORDINANCE BY ADVERTISING AND USING THE PROPERTY FOR COMMERCIAL USE. THIS ONE HAD BOOKINGS REVIEWS FROM CUSTOMERS, UH, IN ADDITION. ANY QUESTIONS? QUICK QUESTION AGAIN, THEN THE APPLICANT SIGNED THE APPLICATION WHICH STATED THAT THEY WOULD COMPLY WITH ALL THAT'S CORRECT. THAT IS A REQUIREMENT OF THE ORDINANCE. IT'S A REQUIREMENT OF THE APPLICATION PROCESS. OKAY, THANK YOU. MANANA BRAGMAN. MR. UH, MR. BRAGMAN AND THEN MR. MANNA MANNA FIRST. I THOUGHT YOU WERE FIRST. OKAY, MR. MANNA, SO QUESTION I HAVE YOU, THE HOT TAX, IS THAT PAID OR WAS THAT PAID FOR THESE HOURLY EVENTS AS WELL? I BELIEVE IT WAS, YEAH. MONIQUE, JUST MAKE SURE THE HOTEL OCCUPANCY TAX WAS UP TO DATE ON THIS ONE, RIGHT? YES, THEY'RE CURRENT. NO, BUT WOULD IT, WOULD THE HOTEL OCCUPANCY TAX ALSO APPLIED FOR THE HOURLY RENTAL? THAT'S MY QUESTION. . YEAH, SO IT'S CERTAINLY HOTEL OCCUPANCY COLLECTS IS COLLECTED FOR HOTEL STAYS. IT'S NOT COLLECTED FOR CORPORATE EVENTS AND HOLIDAY PARTIES. UM, I WOULD, UM, I WOULD HAVE TO GET WITH OUR FINANCE DEPARTMENT ON WHETHER OR NOT THEY WOULD ACTUALLY ASSESS A HOTEL OCCUPANCY TAX FOR A DAILY CORPORATE EVENT. I, I'M NOT SURE MS. BRACKET. THAT WAS A QUESTION. OKAY. ALRIGHTYY. UM, PLEASE THE APPLICANT PLEASE COME FORWARD AND, OKAY. HI, MY NAME IS JANICE SARGON AND I'M HERE IN FRONT OF Y'ALL TODAY TO TRY TO APPEAL THIS, UH, CASE, THIS SITUATION. UH, WE ARE THE OWNERS AT 2102 WEST KINGS HIGHWAY. MY HUSBAND AND I HAVE BEEN RUNNING IT SUCCESSFULLY AS AN AIRBNB. UH, AND WE LISTED IT ON PIER SPACE, UH, FOR CREATIVE REASONS ACTUALLY. UH, THIS PAST WINTER WAS A HARD TIME FOR SHORT-TERM RENTALS PRETTY MUCH WORLDWIDE. UM, SO IT WAS JUST ANOTHER WAY OF PUTTING OURSELVES OUT THERE AND SEEING IF WE CAN POSSIBLY GET BOOKINGS. A LOT OF TIMES PEOPLE WILL FIND US THROUGH THERE, FIND US THROUGH OUR, OUR WEBSITE ONLINE PROFILE AND FIND US ON AIRBNB. AND SO THE TWO BOOKINGS THAT WE DID HAVE WITH THOSE, UH, GROUPS THAT STAYED, THEY WERE ACTUALLY, THEY CAME TO THE HOUSE FIRST. WE SPOKE WITH THEM, WE LIKE, WANTED TO KNOW WHAT THEIR INTENTION WAS AND THEY AGREED THAT THEY WOULD SPEND THE NIGHT. 'CAUSE WE TOLD THEM THIS IS A PRIMARILY AN AIRBNB. SO THEY BOTH SPENT THE NIGHT, THEY BOTH SPENT OVER 12 HOURS THERE. UH, THAT WASN'T PAID FOR ON THE, THE BOOKING PLATFORM PEERSPACE BECAUSE IT'S ONLY ALLOWED, THEY ONLY GIVE YOU BY THE HOUR. UM, SO THAT WAS AN AGREEMENT WE MADE. WE ALSO MADE AN AGREEMENT, NO MORE THAN 12 PEOPLE WERE THERE AT EACH OF THEIR GATHERINGS. UM, IT SAYS 24 BECAUSE THAT'S INITIALLY WHAT THEY ASKED FOR WHEN THEY SENT THE INQUIRY. BUT THAT'S NOT WHAT HAPPENED. SO IN TERMS OF THAT, WE WERE NOT GIVEN ANY NOTIFICATION. I KNOW WHAT THE RULES AND REGULATIONS SAY, BUT IT WAS, WE THAT A LONG TIME AGO ON PEERSPACE HAVEN'T CHECKED IT SINCE WE HAD THOSE TWO BOOKINGS. THERE WERE ZERO CITATIONS, NO COPS WERE CALLED. UH, ONE OF THE LADIES, UH, SHE WAS A DENTIST, THE OTHER ONE WAS A NURSE PRACTITIONER. THEY WERE GATHERING THEIR EMPLOYEES AND THEY SPENT THE NIGHT, NOT ALL OF THEM, JUST THE WOMAN WHO, UH, ORGANIZED IT. UM, AND SHE HAD ALL HER PEOPLE COME THROUGH UBER. SO THERE WAS NO PARKING VIOLATIONS. UH, THERE WAS NO DISTURBANCE TO THE NEIGHBORHOOD, NO COPS EVER GOT CALLED. IT WAS NOT REALLY AN ISSUE. UM, WE'VE, WE'VE DEFINITELY UNDERSTOOD THAT IT WAS A MISTAKE TO HAVE IT ON PEER SPACE. WE NEVER INTENDED TO ADVERTISE IT AS AN EVENT VENUE. IT WAS REALLY JUST A CREATIVE WAY TO GET MORE [01:35:01] VISIBILITY TO OUR HOME. IT'S A LARGE HOME WITH A LOT OF AMENITIES. UH, IT PUTS US IN A LOT OF FINANCIAL DISTRESS RIGHT NOW TO HAVE TO SHUT IT DOWN AND CANCEL THOUSANDS OF DOLLARS WORTH OF FUTURE SUMMER BOOKINGS THAT WE'VE HAD ON THE BOOKS. SO, YOU KNOW, WE'RE A LITTLE DEVASTATED AS WELL BECAUSE THIS IS A HOME THAT WE BOUGHT THAT WE INTEND TO MOVE INTO. AND WE'RE KIND OF IN A SITUATION RIGHT NOW WHERE IF WE CAN'T RUN IT AS AN AIRBNB, WHICH IS PRIMARILY WHAT IT'S BEEN RUN AS EXCEPT FOR THOSE TWO BOOKINGS, THEN WE ARE FORCED TO HAVE TO SELL OR FIGURE SOMETHING OUT. IT'S HARD TO LONG-TERM RENT THAT HOUSE BECAUSE IT'S LARGE. IT HAS A POOL, IT HAS A HOT TUB, IT HAS SO MANY AMENITIES THAT PEOPLE DON'T WANNA PAY THAT MUCH MONEY A MONTH TO RENT A HOUSE LIKE THAT. SO WE'RE KIND OF IN A HARD SITUATION AND WE REALLY HOPE THAT YOU WOULD CONSIDER OUR APPEAL. AND YOU KNOW, AS SOON AS WE SAW THAT OUR PERMIT GOT REVOKED, WE IMMEDIATELY DELETED THE LISTING. WE HAD NO IDEA THAT IT WAS A PROBLEM TO HAVE IT ON PEER SPACE. AND AGAIN, WE NEVER INTENDED TO ADVERTISE IT AS THAT, BUT ABOUT 90% OF THE PEOPLE THAT COME AND STAY THERE ARE GROUPS, BACHELORETTE GROUPS. THEY'RE CELEBRATING BIRTHDAY PARTIES, THEY'RE CELEBRATING, UH, WEDDING PROPOSALS. THEY'RE DOING SOMETHING BEAUTIFUL AND GRAND AND TRYING TO RENT A SPACE TO HAVE A MEMORABLE OCCASION. THE HOUSE IS BEAUTIFUL. WE LOVE IT. IT'S A HISTORIC HOME. WE'RE CONSTANTLY TRYING ANY PROFITS WE MAKE FROM AIRBNB, WE'RE PUTTING BACK INTO THE HOUSE AND PAYING BACK OUR DEBT FROM ALL THE FURNITURE AND EVERYTHING WE HAD TO BUY TO FURNISH THE PLACE AND SET IT UP IN SUCH A WAY THAT GETS US BOOKINGS. SO I JUST HOPE THAT YOU CAN CONSIDER THIS APPEAL TODAY. DO YOU WANNA SAY ANYTHING? THANK YOU. THANK YOU PRETTY MUCH THAT. OKAY. THANK YOU. UH, STAFF. LET'S SEE. DO WE HAVE ANY, UH, PUBLIC COMMENT EITHER THROUGH VOICEMAIL OR, YEAH. UM, READY? SO WE HAVE 35 OF VOICEMAILS AND EIGHT PEOPLE SIGNED UP TO SPEAK. UH, SO WE'LL START WITH THE VOICEMAILS. SO 35, COULD WE POTENTIALLY LIMIT THOSE TO LIKE A MINUTE EACH OR WE'LL GET THE GIST OF THEM, OF THE, UH, IT'S UP TO YOU. UM, IF YOU WANT TO CUT THOSE DOWN TO TWO MINUTES OR A MINUTE AND A HALF OR WHATEVER. LET, LET'S, LET'S, WHAT, LET'S TRY TWO MINUTES ON THE VOICEMAILS AND SEE HOW THAT GOES. I MEAN, EVEN THAT'S 30 MINUTES. LET'S, LET'S TRY TO DO A MINUTE MAYBE AND GET THE GIST OF THE, THE FLOW OF WHERE THE CONVERSATION THE VOICEMAIL IS ON. OKAY. SO WE'LL DO, UH, TWO MINUTES WITH THE VOICEMAILS. JUST, JUST KEEP IT I I ONE MINUTE. OKAY. SORRY. GO AHEAD. GOOD AFTERNOON. MY NAME IS ANDREA BUNDY AND I SUPPORT REINSTATING THE SHORT TERM RENTAL PERMITS FOR ABEL AND ELLE AT TWO ONE ZERO TWO WEST KINGS HIGHWAY. MY PHONE NUMBER IS (773) 306-3996. THANK YOU. HI, THIS IS BRITTANY JAY. I WAS CALLING IN SUPPORT OF 21 0 2 WEST KINGS HIGHWAY. UM, AND I'D LIKE TO SUPPORT REINSTATING THE SHORT TERM RENTAL PERMIT. IF YOU HAVE ANY QUESTIONS OR CONCERNS, PLEASE FEEL FREE TO CALL ME BACK. MY NUMBER IS 7 3 7 2 0 3 1 0 4 3. THANK YOU MARCO. QUICK, QUICK QUESTION, MARCO, IS THERE A WAY TO, UM, SEE IF WE HAVE ADDRESSES OF THOSE, OF THOSE, UH, THOSE IN IN SUPPORT? I MEAN IT SEEMS, I MEAN IT'D BE MORE MEANINGFUL IF WE WERE TO KNOW THAT THEY'RE IN THE NEIGHBORHOOD OR, YEAH, SO MOST OF 'EM GIVE THEIR ADDRESS ON THE VOICEMAIL, BUT I CAN SEND OUT THE, UH, KIND OF DETAILED LIST THAT WE DID THIS MORE THAT WE PUT THE ADDRESSES ON. UH, SO WE'LL SEND THAT OUT TO YOUR EMAIL. OKAY. HI, MY NAME IS CAMERON MEDLOCK AND I'M CALLING IN SUPPORT OF UH, 2 1 0 2 WEST KINGS HIGHWAY. UH, THE PROPERTY IS AN AIRBNB, UH, AND THEY'VE BEEN INCREDIBLE NEIGHBORS, UH, VERY RESPECTFUL PEOPLE AND THERE'S NO REASON THAT THEY'RE, UH, UH, THEIR PERMITS SHOULD BE PULLED, UH, FOR THEIR AIRBNB. SO I'M CALLING IN SUPPORT OF, UH, ABEL AND ASHA SO THAT THEY MAY CONTINUE THEIR BUSINESS, UH, AND SUPPORTING THE LOCAL COMMUNITY WITH THE TAXES. THANK YOU. HI, MY NAME IS CARMEN ROBLES. 5 3 0 2 6 3 7 6 9 6. I'M CALLING TO SUPPORT THE PROPERTY AT 2102 WEST KINGS HIGHWAY, THE PINK PALACE IN SUPPORT FOR THEM TO GET THEIR PERMIT BACK. IT IS A BEAUTIFUL PLACE. QUIET. I WOULD LIKE FOR THEM TO GET REINSTATED SO I COULD GO AND GO ON VACATION AGAIN. THANK YOU. HI, MY NAME IS SELENA [01:40:01] ARAGONEZ AND I'M CALLING ABOUT 2102 WEST KING HIGHWAY. I AM IN SUPPORT TO REINSTATE THEIR SHORT, SHORT-TERM RENTAL PERMIT AND MY PHONE NUMBER IS (707) 489-3037. THANK YOU. GLORIA VALENZUELA, 1951 WEST MAGNOLIA, 2 1 0 6 7 7 9 4 2 3. I'M FOUR. UM, THE S T R AT 2102 WEST KINGS HIGHWAY 2102 WEST KING AU UMM FOR THE SS T R. THANK YOU. THIS IS JASON VASQUEZ AND MY ADDRESS IS 2331 WEST SUMMIT 7 8 2 0 1. REGARDING THE AGENDA ITEM EIGHT, I WOULD LIKE TO PROVIDE MY OPPOSITION TO THE ADMINISTRATOR'S DECISION TO REVOKE A SHORT-TERM RENTAL PERMIT FOR 2102 WEST KINGS HIGHWAY 7 8 2 0 1. I AM A MEMBER OF THE JEFFERSON NEIGHBORHOOD. YEAH, MY NAME IS KENNAN AND I'M CALLING TO SUPPORT THE REINSTATEMENT OF THE SHORT TERM RENTAL FOR 2102 WEST KINGS HIGHWAY EIGHT. THAT CASE NUMBER IS 23 1 0 3 0 0 1 2 0. UH, THE CURRENT OWNER IS MY SON ABEL KENNON. UM, GOT AN INTEREST IN IT. I HELPED HIM WITH A DOWN PAYMENT TO BUY THAT HOUSE. HE DID ALL HIS DUE DILIGENCE, UH, TO MAKE SURE THAT HE WOULD GET A PERMIT AND AS FAR AS I KNOW, HE HAS FOLLOWED ALL THE RULES. PAUL HALVERSON, SIX 18 CHAPMAN BOULEVARD, 2 1 0 7 3 3 1 7 7 OH CALLING IN FAVOR OF THE REINSTATEMENT OF THE PERMIT FOR WEST KINGS HIGHWAY PINK PALACE. THE PERMIT WAS PULLED RECENTLY. I AM A 50 YEAR RESIDENT OF THE NEIGHBORHOOD. I HAVE ALSO RENTED THAT PROPERTY. IT'S AN AIRBNB AND I'M SPEAKING IN FAVOR OF THE PERMIT TO BE REINSTATED. THANK YOU. HELLO, MY NAME IS NICHOLAS SEAVER. MY PHONE NUMBER IS AREA CODE (210) 383-7876. UH, MY ADDRESS IS 5 0 9 GLADSTONE AVENUE IN SAN ANTONIO, 7 8 2 2 5. UM, I'M CALLING TO SUPPORT THE REINSTATEMENT OF A SHORT-TERM RENTAL PERMIT FOR THE ADDRESS OF 2 1 0 2 WEST KINGS HIGHWAY IN SAN ANTONIO. AGAIN, THAT'S UH, SUPPORT FOR THE REINSTATEMENT OF A SHORT-TERM RENTAL PERMIT FOR 2 1 0 2 WEST KINGS HIGHWAY. UH, PLEASE LEMME KNOW IF YOU HAVE ANY QUESTIONS. THANK YOU SO MUCH. BYE-BYE. YES, THESE ARE THE NEIGHBORS THAT LIVE AT 2101 WEST SUMMIT AND WE ARE SUPPORTING THE REINSTATE WITH OF THE SHORT TERM RENTAL PERMIT AT 2102 WEST CASE HIGHWAY. THANK YOU. HI, MY NAME IS AND I, MY ADDRESS IS 1 3 1 0 4 WENDLER WAY 7 8 0 0 2. AND I WAS CALLING IN SUPPORT TO REINSTATE THE, UH, RENTAL PERMIT. IT'S CASE NUMBER BO O A DASH TWO THREE DASH 1 0 3 0 0 1 2 0. I HAVE, UM, RENTED THIS HOME SO THAT WE AS A FAMILY, WE ARE A BLENDED FAMILY. IT'S A NEUTRAL PLACE FOR US TO GO TO SOME OF US, UM, LIVE IN OTHER SURROUNDING AREAS OUTSIDE SAN ANTONIO. AND SO WE USE THIS AS A NEUTRAL MEETING PLACE TO BE ABLE TO GATHER AND, UM, JUST ENJOY OUR FAMILY. MY TELEPHONE NUMBER'S AREA CODE NINE FIVE SIX OR NUMBER 6 3 5 6 5 5 4. THANK YOU FOR YOUR TIME. HI THERE, MY NAME IS LAURA NAVA. I LIVE AT FOUR I STREET SOUTHEAST WASHINGTON DC MY PHONE NUMBER IS (956) 337-3333. I'M CALLING IN REGARDS [01:45:01] TO CASE NUMBER B O A 2 3 1 0 3 0 0 1 2 0. IN REGARDS TO THE SHORT TERM RENTAL PERMIT, I'M CALLING IN SUPPORT OF 2 1 0 2 W KINGS HIGHWOOD IN SUPPORT OF REINSTATING THEIR SHORT TERM RENTAL PERMIT. UM, I'VE ACTUALLY STATED THIS PROPERTY BEFORE. I AM FROM SAN ANTONIO, TEXAS WHERE I CURRENTLY LIVE AND WORK IN WASHINGTON, DC UM, MY FAMILY LIVES OUT IN LIDLE, TEXAS, SO EVERY TIME THAT I'M IN TOWN IT'S HONESTLY, UM, NOT THE EASIEST OR MOST CONVENIENT LOCATION TO GET OUT TO LIDLE. AND UM, I AM CURRENTLY ENGAGED AND MY FIANCE'S FAMILY IS FROM FLO ISLAND AND ALL OF OUR FRIENDS ARE FROM WASHINGTON DC AND UM, WE ACTUALLY CURRENTLY WILL RE HI, YES, MY NAME IS NICHOLAS SEAVER. PHONE NUMBER IS AREA CODE (210) 383-7876. UH, ADDRESS IS 5 0 9 GLADSTONE AVENUE, SAN ANTONIO, TEXAS 7 8 2 2 5. AND THE CASE NUMBER IS LAST THREE OF THE CASE NUMBER IS 1 2 0. UH, AND I AM SUPPORTING A REINSTATEMENT OF THEIR SHORT-TERM RENTAL PERMIT. AGAIN, THAT'S CASE NUMBER ENDING IN 1 2 0 IN SUPPORT OF RENEWING THEIR SHORT-TERM RENTAL PERMIT. THANK YOU SO MUCH. BYE-BYE. HELLO, MY NAME IS ROBERT SYS CALLING ONCE AGAIN HOPEFULLY FOR A FULL MESSAGE. I LIVE AT 3 3 4 MARY LOUISE 2 1 0 4 3 8 2 7 6 4. CALLING IN REGARD TO ITEM NUMBER EIGHT WEST. I AM A NEIGHBOR WHO LIVES JUST A FEW BLOCKS. HELLO, THIS IS ROBERT SIPES. I'M GONNA CONTINUE MY MESSAGE. MY TEENAGE KIDS WILL BIKE OR JOG ALONG LAKE BOULEVARD ON THE WAY TO WOODLAWN LAKE AND HAVING A COMMERCIAL BUSINESS AT 21 0 2 WEST KING HIGHWAY. WE'LL BRING IN UNFAMILIAR AND EXTENSIVE TRAFFIC TO THE NEIGHBORHOOD WHILE ALSO CREATING SITELINE ISSUES FOR OTHER DRIVERS. HELLO, THIS IS ROBERT SYS. CONTINUING WITH ITEM NUMBER EIGHT IN NOVEMBER OF 2022, THE SAN ANTONIO CITY COUNCIL APPROVED CHANGES TO THE U D C IS IMPORTANT TO NOTE THAT THE PORTIONS OF THE CODE REGARDING LIMITATIONS ON ACTIVITIES AND S STR AND RESULTED PENALTIES WERE NOT CHANGED. THE CODE IS CLEAR. COMMERCIAL ACTIVITIES AT AN S T R ARE VIOL. THIS IS FOR AGENDA ITEM NUMBER EIGHT AT 2102 WEST KING HIGHWAY. MY NAME IS ALEX GARCIA. I LIVE AT 3 5 7 NORTH DRIVE SEVEN EIGHT TWO ZERO ONE. MY PHONE NUMBER IS (210) 264-1748. I HAVE BEEN A RESIDENT OF MONTICELLO PARK FOR ALMOST FIVE YEARS. I'M CALLING TO OPPOSE THAT APPLICANT'S APPEAL. THESE IS FOR RESIDENTIAL HOMES ARE NOT ZONED AS AN EVENT CENTER, NOR DO THEY HAVE FIXED CAPACITY FOR 65 PLUS PARKING SPOTS. THEY ADVERTISE FOR THEIR HOURLY RENTAL OF THEIR PROPERTY AS OF THE 25TH OF THIS MONTH. THEIR WEBSITE STILL WILL SHOW THEY'RE CURRENTLY STILL PROVIDING HOURLY RENTAL. PLEASE VOTE NO AS THIS WOULD NEGATIVELY AFFECT OUR COMMUNITY AND LIFE. GOOD MORNING, MY NAME IS DREA GARZA, PRESIDENT OF THE MONTICELLO PARK NEIGHBORHOOD ASSOCIATION, P O BOX 1 0 0 3 1 5 SAN ANTONIO, TEXAS SEVEN EIGHT TWO ZERO ONE. MY PHONE NUMBER IS UH (210) 643-4760. I AM CALLING REGARDING AGENDA ITEM NUMBER EIGHT, LOCATED AT 2 1 0 2 WEST KING HIGHWAY. THE MONTICELLO PARK NEIGHBORHOOD ASSOCIATION IS OPPOSED TO THE APPLICANT'S APPEAL. THE APPLICANT HELD MULTIPLE EVENTS IMPACTING THE RESIDENCE ON THE 2100 BLOCK OF WEST KINGS HIGHWAY AND IN VIOLATION OF THE SHORT-TERM RENTAL ORDINANCE. AN EVENT REQUIRES A C TWO ZONING DESIGNATION AND IS INCOMPATIBLE WITH ITS HISTORIC SINGLE FAMILY HOME. LOCATED IN THE MONTICELLO PARK HISTORIC DISTRICT, THE MONTICELLO PARK HISTORIC DISTRICT WAS CREATED TO PRESERVE AND ENHANCE THE CITY'S HISTORIC AND CULTURAL RESOURCES. PLEASE VOTE NO TO PRESERVE OUR COMMUNITY'S QUALITY OF LIFE IN THE MONTICELLO PARK HISTORIC DISTRICT. THANK YOU FOR YOUR TIME. HI, THIS IS FOR AGENDA ITEM NUMBER EIGHT, WHICH IS WORK 2102 WEST KINGS HIGHWAY. MY NAME IS SANDRA AVA GARCIA AND I RESIDE AT 3 5 7 NORTH DRIVE SEVEN EIGHT TWO ZERO ONE. MY PHONE NUMBER'S (210) 324-1801 [01:50:01] AND I HAVE BEEN A RESIDENT OF THE MONTICELLO PARK HISTORIC DISTRICT FOR ALMOST FIVE YEARS NOW. I'M CALLING TO OPPOSE THE APPLICATION, UM, FOR THEIR SHORT TERM RENTAL PERMIT TO BE REINSTATED. UM, OUR HISTORIC RESIDENTS, THIS HOMES ARE NOT ZONED AS EVENT CENTERS AND THEY DO NOT HAVE CAPACITY FOR 65 PLUS PARKING SPOTS. AS THIS PROPERTY WAS ADVERTISING ON THEIR HOUR RENTAL WEBSITE. UM, PLEASE VOTE NO AS THIS WOULD NEGATIVELY AFFECT OUR COMMUNITY AND OUR QUALITY OF LIFE. IN ADDITION, I ATTENDED THE JEFFERSON NEIGHBORHOOD ASSOCIATION. MY NAME IS ELIA RENA, 1723 WEST ATCH 2 1 0 2 7 9 7 2 0 4. I AM CALLING ABOUT AGENDA ITEM NUMBER 8 21 0 2 WEST KINGS HIGHWAY. I AM OPPOSED TO THE APPLICANT'S APPEAL NO EVENTS IN OUR RESIDENTIAL NEIGHBORHOOD. THE APPLICANT VIOLATED THE SHORT-TERM RENTAL ORDINANCE AND DISTRIBUTE AND DISTURB THEIR NEIGHBORS. PLEASE PROTECT MY COMMUNITY THAT I HAVE LIVED IN FOR SEVEN ONE YEARS. JEFFERSON AND WOODLAWN LAKE. HI YES, THIS IS JAYDEN MORALE MORALES PRESIDENT WOODLAWN LAKE COMMUNITY ASSOCIATION. THIS MESSAGE REGARDING AVENUE NUMBER EIGHT, PROPERTY LOCATED AT 2 1 0 2 WEST HIGHWAY. THE ONE LAKE ASSOCIATION IS OPPOSED TO APPLICANT'S APPEAL. APPLICANT HAS BOOKED EVENTS AND ADVERTISED A SINGLE FAMILY HOME FOR AN HOURLY RATE OF $200. FOR EVENTS THROUGH PEERSPACE.COM. THE PEER SPACE ADVERTISEMENT DESCRIBED THE PARKING CONDITIONS AT 2102 WEST KINGS HIGHWAY AS HAVING THE CAPABILITY OF HAVING FIVE CARS AND PROPERTIES DRIVEWAY 10 CARS ON ADJACENT STREET AND 50 CARS ON THE BLOCKS IN THE NEIGHBORHOOD. 65 CARS TOTAL PEERSPACE.COM HAD TWO REVIEWS POSTED FOR TWO HOLIDAY PARTIES HELD ON THE PROPERTY WITH 24 TO 25 PEOPLE. EFFECTIVELY AN EVENT VENUE REQUIRES C TWO ZONING COMMERCIAL ZONING AS EVENTS ARE NOT POSSIBLE FOR BUSINESSES TO OPERATE IN A SINGLE FAMILY HOME, PLEASE VOTE. NOTE PRESERVE THE NEIGHBORHOOD, THE QUALITY OF THE NEIGHBORHOOD OF LIFE. ALSO THE JEFFERSON MONTELLO PARTNER ASSOCIATION JOINS IN SUPPORTING STAFF. RECOMMENDATIONS FOR DENIAL. MY NAME IS LARISSA O'CONNORS AND MY HUSBAND IS CHARLIE O'CONNORS. WE LIVE AT TWO 10 NORTH DRIVE 7 8 2 0 1. AGENDA ITEM 8 2 1 0 2 WEST KING HIGHWAY. I'M OPPOSED TO THE APPLICANT'S APPEAL. THE APPLICANT HAS HELD MULTIPLE EVENTS IN. HI, MY NAME IS MARIA FLORES. UM, MY ADDRESS IS FOUR TWENTY SIX WEST CRAIG PLACE. PHONE NUMBER IS OH 17 NEW TEXAS SEVEN EIGHT TWO ONE TWO. THE PHONE NUMBER IS TWO TEN EIGHT SEVEN FIVE FOUR SIX SIX SIX. CALLING REFERENCE TO AGENDA ITEM NUMBER EIGHT, UM, 2102 WEST KING HIGHWAY, PINK PALACE PROPERTY. I AM IN SUPPORT OF THE RED LOCATION OF THE PINK PALACE, S T R PERMIT AND OPPOSED REINSTATEMENT BY THE BOARD OF ADJUSTMENTS. I MYSELF RUN A SHORT-TERM RENTALS AND I'M APPALLED BY THE MANAGEMENT OF THIS PARTICULAR PROPERTY THOUGH. UM, I FEEL LIKE THEY PERMIT, UM, MANY FUNCTIONS AND ARE GIVING PEOPLE AS OURSELVES RESPONSIBLE SS T R OPERATORS. UM, A BAD NAME AND IT'S NOT WHAT IT'S SUPPOSED TO HAVE BEEN FROM THE BEGINNING. IF YOU HAVE ANY QUESTIONS, PLEASE BE FREE TO CONTACT US AT TWO TEN EIGHT SEVEN FIVE FOUR SIX SIX SIX. ENJOY YOUR DAY. THANK YOU. HELLO, MY NAME IS MORON BAIRD. MY ADDRESS IS 2 1 0 7 WEST KINGS HIGHWAY. THIS IS FOR AGENDA ITEM NUMBER 8 2 1 0 2 WEST KINGS HIGHWAY. RIGHT NOW, THESE PEOPLE WHO ARE RUNNING A WEBSITE CALLED THE PINK PALACE FOR THEIR HOME, UH, SAY THAT THEY CAN BOOK DIRECTLY WITH THEM NOT USING ANY QUOTE MIDDLEMAN AND THAT IS ILLEGAL. SECONDLY, ON THEIR WEBSITE THEY SAY DON'T WORRY ABOUT THE NEIGHBORS, WHICH I BELIEVE SHOWS THAT THEY'RE HAVE NO INTENT OF BLENDING IN WITH THE NEIGHBORHOOD. THEY DON'T CARE IF THEY DISRUPT THE NEIGHBORHOOD. THIRDLY, THE PARKING HAS BEEN BEEN A MAJOR DISRUPTION AND ELSEWHERE ON THE INTERNET, THEY HAVE ADVERTISED THAT THEY HAVE UP TO 50 PARKING SPACES. CLEARLY THEY'RE OPERATING [01:55:01] IN BAD FAITH AND THE PERMIT NEEDS TO BE REVOKED. THANK YOU. YES, MY NAME IS MOSES BOURBON. I LIVE AT 2166 WEST KINGS HIGHWAY. MY PHONE NUMBER IS (210) 601-1238. I'M CALLING REGARDING AGENDA ITEM NUMBER EIGHT AT 2102 WEST KINGS HIGHWAY, UH, PINK PALACE PROPERTY. I CAN TELL YOU THAT I DO NOT APPROVE IT BEING TURNED INTO A PARTY HOUSE OR EVENT CENTER ON MY BLOCK. I HAVE OTHER HOMES THAT THINGS LIKE THIS HAVE COME INTO THE NEIGHBORHOOD AND IT TOTALLY DESTROYED THE AESTHETICS OF THE NEIGHBORHOOD. SO AGAIN, I'M TOTALLY AGAINST THIS. THANK YOU VERY MUCH. HELLO, MY NAME IS NICK RAN ANGEL, I'M AT 3 0 5 CLUB DRIVE SEVEN EIGHT TWO ZERO ONE AND MY PHONE NUMBER IS (210) 548-3877. I'M CALLING REGARDING AGENDA ITEM NUMBER 8 21 0 2 WEST KINGS HIGHWAY AS THE RESIDENTS OF THE MONTICELLO PARKS HISTORIC DISTRICT. FOR 15 YEARS WE'VE BEEN RESIDENTS HERE FOR THAT LONG. MY WIFE LOREN AND I ARE OPPOSED TO THE APPLICANT'S APPEAL. UH, THE APPLICANT HAS ALREADY HELD MULTIPLE EVENTS IMPACTING THE RESIDENCE ON THE 2100 BLOCK OF WEST KING HIGHWAY AND ADVERTISED HOURLY EVENTS WITH UP TO 65 CARS. HOSTING THE EVENTS REQUIRES COMMERCIAL ZONING, SO PLEASE VOTE NO TO PRESERVE OUR COMMUNITY'S QUALITY, QUALITY OF LIFE. THANK YOU SO MUCH. MY NAME IS PATRICK MAYO. I LIVE AT 6 22 DALTON AVENUE AND I'M CALLING REGARDING AGENDA ITEM NUMBER EIGHT, CASE 1 2 0. ADDRESS 2102 WEST KINGS HIGHWAY. I'M OPPOSED TO THE APPLICANT'S REQUEST AND ENCOURAGE THE BOARD TO KEEP THE REVOCATION OF THE SHORT-TERM RENTAL PERMIT IN PLACE. SO THE RESIDENTIAL NEIGHBORHOOD PROPERTY WAS BEING USED FOR COMMERCIAL PURPOSES, DISTURBING OUR NEIGHBORHOOD SEVERAL TIMES WITHOUT NOISE. PLUS AN EXCESSIVE NUMBER OF CARS ARE PARKED IN THE AREA. I DON'T MIND THE OCCASIONAL PARTY, BUT HERE THE OWNERS ARE WILLING TO USE THE PROPERTY IN A PROHIBITED MANNER ON MULTIPLE OCCASIONS. SO IT SEEMS THIS BOARD SHOULD SEND A MESSAGE TO OTHERS WHO MIGHT BE LOOKING TO DO THE SAME. THE CITY STAFF REPORT CLEARLY SHOWS A LAUNDRY LIST OF VIOLATIONS THAT CAN BE MATCHED TO THE ADVERTISEMENT THE PROPERTY OWNERS POSTED, OFFERING THE PROPERTY FOR RENT ON AN HOURLY BASIS FOR ALL SORTS OF COMMERCIAL PURPOSES. I WOULD BELIEVE THE CITY IS WITHIN ITS AUTHORITY TO REVOKE THE PERMIT BASED ON MULTIPLE VIOLATIONS LISTED IN THE REPORT. THANK YOU FOR YOUR ATTENTION IN THIS MATTER. HI, MY NAME IS UH, PHILLIP SHEF FROM 2111 WEST KING HIGHWAY, SAN ANTONIO, TEXAS. AND I WAS CALLING REGARDING ITEM NUMBER EIGHT, UM, 2 1 0 2 WEST KING HIGHWAY. UH, I'M SUPPORT OF THE REVOCATION OF THE UH, S T R PERMIT IN OPPOSED REINSTATEMENT OF THE BOARD OF ADJUSTMENTS. UM, THANK YOU. HI, THIS IS FOR RENEE ROYAL, FOUR THIRTY ONE WEST CRAIG PHASE. PHONE NUMBER IS TWO TEN SEVEN TWO SIX OH, I'M SORRY, AREA CODE 7 2 6 416 87 416 87. IT'S IN REFERENCE TO AGENDA NUMBER EIGHT. I AM SUPPORT OF THE RENOVATE THE REV LOCATION OF THE PINK PALACE AT 2102 WEST CREEK PLACE AND ST FOR THE SHORT TERM F T R PERMIT AND OPPOSED REINSTATEMENT BY THE BOARD OF ADJUSTMENTS. UM, I'VE EXPERIENCED TOO MANY PARTIES AND HEARTACHES THROUGHOUT THE LAST SEVERAL MONTHS. IF YOU HAVE ANY QUESTIONS, PLEASE BE FREE TO CONTACT US. AND IT'S REGARDING AGENDA ITEM NUMBER EIGHT. I'M IN OPPOSING THE S T R PERMIT. HELLO, MY NAME IS ALFRED GOMEZ. I RESIDE AT 6 0 6 KEVIN BOULEVARD, SEVEN EIGHT TWO ZERO ONE. MY PHONE NUMBER IS (210) 710-2895. AGENDA NUMBER IS NUMBER EIGHT WITH A PROPERTY ON 2 1 0 2 21 0 2 WEST KING HIGHWAY. I AM A RESIDENT OF ADJUSTER MONTICELLO WOODLOCK WOODLAWN LAKE AREA AND I'M OPPOSED TO THE APPLICANT'S REQUEST. NO EVENT CENTERS IN THE MIDDLE OF A SINGLE FAMILY RESIDENTIAL HISTORIC HOME AREA. THANK YOU FOR YOUR TIME. MY NAME IS ROBIN FOSTER, THREE 19 MARY LOUISE DRIVE, SEVEN EIGHT TWO OH ONE. MY PHONE NUMBER IS (210) 722-2828. I'M CALLING REGARDING AGENDA ITEM NUMBER 8 2 1 0 2 WEST [02:00:01] KINGS HIGHWAY. AS A RESIDENT OF THE COMMUNITY AND THE MONTICELLO PARK HISTORIC DISTRICT, I'M OPPOSED TO THE APPLICANT'S APPEAL. THE APPLICANT HAS HELD MULTIPLE EVENTS AFFECTING THE RESIDENTS ON THE 2100 BLOCK OF WEST KINGS HIGHWAY WITHOUT THE PROPER ZONING AND IN VIOLATION OF THE SS P R ORDINANCE. AN EVENT VENUE REQUIRES COMMERCIAL ZONING AND IT'S INCOMPATIBLE WITH HIS HISTORIC SINGLE FAMILY HOME. THE APPLICANT ADVERTISED 2 1 0 2 WEST KINGS HIGHWAY AS AN EVENT VENUE CAPABLE OF HAVING 65 CARS. ABSOLUTELY NOT. PLEASE VOTE NO TO PRESERVE OUR COMMUNITY'S QUALITY OF LIFE. THANK YOU. I AM SHELLY GRES OF 4 32 KING WILLIAMS STREET, SAN ANTONIO, TELEPHONE (210) 865-8447. THESE COMMENTS REGARD B O A CASE 23 0 3 AT 2102 WEST KINGS HIGHWAY. I CHAIR THE SHORT TERM RENTAL ASSOCIATION OF SAN ANTONIO, WHICH ADVOCATES FOR COMPLIANCE WITH THE S T R ORDINANCE EDUCATES SHORT-TERM RENTAL HOSTS AND OPERATORS AND SUPPORTS NEIGHBORS, NEIGHBORHOODS AND COMMUNITIES. I HAVE OPERATED A SHORT-TERM RENTAL MYSELF FOR EIGHT YEARS. ONE OF THE PURPOSES OF THE S T R ORDINANCE IS TO PROTECT THE INTEGRITY OF NEIGHBORHOODS. IT WAS NEVER THE INTENT OF THE S T R ORDINANCE TO ALLOW THE SHORT TERM RENTAL OF HOMES FOR PARTIES, EVENTS, MEETINGS, OR BY THE HOUR FOR BUSINESS USE. ASIDE FROM ZONING ISSUES, IT'S UNSETTLING AND DISRUPTIVE TO THOSE WHO LIVE THERE AND CREATES A TERRIBLE NUISANCE. HELLO, MY NAME IS VANESSA SABIA AND MY HUSBAND IS KIRK WALLER. HER ADDRESS IS 2030 WEST SUMMIT AVENUE 7 8 2 0 1. WE'RE CALLING ABOUT AGENDA ITEM NUMBER EIGHT B O A NUMBER ENDING IN ONE 20. ADDRESS 2102 WEST KINGS HIGHWAY WE'RE OPPOSED TO THE APPLICANT'S APPEAL. MY HUSBAND AND I HAVE LIVED IN THE COMMUNITY FOR 23 YEARS AS RESIDENTS OF JEFFERSON WOODLAWN AND MONTICELLO PARK HISTORIC DISTRICT. WE SHOULD NOT HAVE HISTORIC HOMES BEING USED FOR EVENTS SUCH AS THE HOURLY PRIVATE EVENT RENTAL OPTION FOR UP TO 27 ADULTS SEEN ADVERTISED ON INSTAGRAM AND ON THEIR WEBSITE AS IS, AS THAT IS A COMMERCIAL USE. PLEASE VOTE NO HELPING TO PRESERVE OUR NEIGHBORHOOD'S QUALITY OF LIFE AND CONSERVE ONE OF SAN ANTONIO'S TREASURED HISTORIC DISTRICTS WHILE ENFORCING EXISTING SHORT TERM RENTAL REGULATIONS. THANK YOU. THAT MARKS THE END OF THE VOICEMAILS. ALRIGHT, UM, THE ONLY THING I WAS GONNA ADD, MR. CHAIR, IS, UM, LADIES AND GENTLEMEN IN THE AUDIENCE PLEASE MAKE SURE YOUR PHONES ARE ON SILENT. WE'VE HAD SEVERAL INTERRUPTIONS THROUGHOUT THIS AND IT IS IMPORTANT FOR THE COMMISSIONERS TO HEAR ALL THE EVIDENCE THAT IS BEING DISCUSSED. THANK YOU. RIGHT. FIRST PUBLIC SPEAKER IS MR. TONY GARCIA. MARCO, HOW MANY, HOW MANY PUBLIC SPEAKERS DO WE HAVE? UH, UM, SIGNED UP TODAY WE HAVE 1111. UM, COULD WE DO TWO MINUTES? WOULD IT BE POSSIBLE TO LIMIT YOUR COMMENTS TO TWO MINUTES AND PLEASE GET TO THE TWO MINUTES? SURE. I CAN MAKE THIS VERY SHORT. YES SIR. THANK YOU AGAIN. UH, MY NAME IS TONY GARCIA. I LIVE AT 2 43 E ATCH HERE IN SAN ANTONIO. AS STATED BEFORE, I WAS A STAKEHOLDER REPRESENTATIVE ON THE CITY'S TASK FORCE, WHICH CREATED THE SHORT-TERM RENTAL ORDINANCE. IT WAS A ROBUST DISCUSSION OF ALMOST ONE AND A HALF YEAR YEARS AMONG ALL THE STAKEHOLDERS, REGARDLESS OF THE ECONOMIC IMPACT TO THE APPLICANT IN SUPPORT FROM THE VOICEMAILS, THE ORDINANCE IS VERY CLEAR REGARDING THE EVENTS. PLEASE UPHOLD THE INTEGRITY OF THE SS T R OR ORDINANCE AS IT WAS ADOPTED. THANK YOU FOR YOUR CONSIDERATION. THANK YOU. ANY QUESTIONS FOR OKAY NEXT? NO. THANK YOU MR. TOM SIMMONS. TOM SIMMONS 5 0 1 PUB DRIVE. BIANCA, HAS ANYBODY ELSE GIVEN UP THEIR TIME TO MS. MALDONADO? NOPE. ALRIGHT MA'AM, YOU HAVE FOUR MINUTES. THANK YOU COMMISSIONERS. MY NAME IS BIANCA MALDONADO, RESIDE AT 4 57 CLUB DRIVE IN THE MONTICELLO PARK HISTORIC DISTRICT. THIS IS ACTUALLY IN MY NEIGHBORHOOD. UM, I'M COMING TO YOU AS AN INDIVIDUAL WHO SERVED ON THE SHORT-TERM RENTAL TASK FORCE. AS I MENTIONED EARLIER, WHEN THE ORDINANCE WAS DRAFTED, IT WAS DONE BY A BALANCED GROUP OF REPRESENTATIVES. ONE OF THE BIGGEST ISSUES WAS EVENT CENTERS. WHEN YOU LOOK AT, WHEN THIS APPLICANT SUBMITTED THEIR APPLICATION TO THE CITY, THEY AFFIRMED CERTAIN THINGS IN THEIR APPLICATION. NEVER DID THEY INDICATE THAT THEY WOULD HAVE EVENTS OR THAT [02:05:01] THERE WOULD BE MORE THAN 12 PEOPLE OCCUPYING THE STRUCTURE AT ANY TIME YET. THEY ADVERTISED AND YOU SAW REVIEWS FOR 20 SOMETHING PEOPLE IN THEIR PARKING DESCRIPTION. THEY SAID THAT FIVE CARS COULD FIT IN THE DRIVEWAY, 10 COULD FIT ON THE ADJACENT STREET AND UP TO 50 ON THE SURROUNDING BLOCKS. THAT'S IMPOSING UPON THE RESIDENTIAL HOMES AND THE NEIGHBORHOOD FOR A VERY INTENSE USE THAT IS ONLY PERMITTED IN C TWO ZONING. AND SO FOR THIS CASE, I OPPOSED THE APPLICANT'S APPEAL BECAUSE IT WAS EGREGIOUS. IT WAS BASED ON A FINANCIAL MEASURES. THIS IS A BUSINESS, THIS IS OUR COMMUNITY. IF YOU LOOK AT THE PURPOSE FOR THE SHORT-TERM RENTAL ORDINANCE, IT SPECIFICALLY STATES THAT THEY'RE SEEKING TO BALANCE AND PROTECT THE PEOPLE WHO STAY ON THESE PROPERTIES AND THE NEIGHBORHOODS IN WHICH THEY OPERATE. IT'S VERY CONSISTENT AND I THINK STAFFER ENFORCING THE ORDINANCE. IT IS IMPORTANT BECAUSE WHEN YOU BRING IN THESE AMOUNT OF PEOPLE AND YOU ADVERTISE AND YOU'RE NOT ON THE PROPERTY, YOU DON'T KNOW WHAT'S GONNA HAPPEN WHEN YOU GET 10, 15, 20, 30, 40 PEOPLE IN A PROPERTY THAT DOESN'T HAVE PROPER ENTRANCE AND EXITS AND SAFETY MEASURES FOR THAT TYPE OF LOADING. IF YOU LOOK AT THEIR ADVERTISEMENT ON AIRBNB, IT WAS FOR 12 PEOPLE. SO WHEN YOU'RE HAVING EVENTS COMING IN AT A HIGHER AMOUNT, THAT CREATES A SAFETY CONCERN. AND SO FOR THAT REASON, I SUPPORT, UM, STAFF'S RECOMMENDATIONS. THANK YOU FOR CONSIDERATION OF MY COMMENTS. THANK YOU. ANY, ANY, UH, QUESTIONS? NO. OKAY. NEXT, MAYOR, MS. PAULA KAUFMAN. I HAVE A PRESENTATION. I HAVE A PRESENTATION. HI. WE'RE JUST LOADING THE PRESENTATION THAT I SENT IN. SO, I'M PAULA KOFFMAN, AND I SUPPORT THE APPLICANT BECAUSE I THINK THAT SHE DESERVES A WARNING. AND IF SHE WOULD COME INTO COMPLIANCE AND LIMIT HER OCCUPANCY TO 12 AS HER, AS HER, UM, PERMIT ALLOWS, I WOULD SUPPORT THAT. BUT I ALSO SUPPORT THE TASK FORCE. THE TASK FORCE DID A WHOLE LOT OF WORK, AND AS ONE OF THOSE MEMBERS, MS. MALDONADO SAYS ONE OF THE THINGS THEY REALLY TALKED ABOUT IS, UM, THEY DIDN'T WANNA HAVE A PARTY HOUSE. SO WHAT IS A PARTY HOUSE AND THE IMPACT ON NEIGHBORHOODS? NO ONE WANTS TO LIVE NEXT TO A PARTY HOUSE, BUT SOMETIMES THAT PARTY HOUSE IS INTENTIONAL WHEN THEY ACTUALLY SAY THEY WANNA HAVE 50 PEOPLE AT THE HOUSE. AND SOMETIMES IT'S UNINTENTIONAL. SO I WANTED TO WARN THE SHORT-TERM RENTAL OWNERS OF THE CRIMINAL INTENT BECAUSE I WAS A VICTIM OF PEOPLE USING MY HOUSE FOR A PARTY WHEN IT WAS NOT ALLOWED. HOW TO PREVENT CRIMINAL TRESPASSERS AND HOW PROPRIETORS OF INTENTIONAL PARTY HOUSES HARM RESPECTFUL OF SHORT-TERM RENTAL OWNERS. SO, NEXT SLIDE, PLEASE. UM, WHAT A PARTY HOUSE VERSUS HOME SHARING. A PARTY HOUSE IS DEARY. HOME SHARING IS ABOUT BONDING. SHE ALSO TALKED ABOUT SHE WANTED FAMILIES TO BE ABLE TO STAY HERE. SO, UM, PARTY HOUSES ARE GONNA HAVE LATE NIGHT SHOUTING. HOME SHARING IS GOING TO, TO OBSERVE THE QUIET HOURS, PARTY HOUSES GOING TO, TO ATTRACT PEDOPHILES. HOME SHARING IS FOR GRANDPARENTS, AND HOME SHARING IS REALLY ABOUT MAKING MEMORIES WITH YOUR LOVED ONES, NOT PARTYING WITH A LOT OF STRANGERS AS WHAT WOULD BE CONSIDERED A PARTY HOUSE. SO, NEXT SLIDE, PLEASE. UM, SO ARE THERE OFTEN NOISY PARTIES? YES. IT SHOULDN'T HAPPEN. UM, NEXT SLIDE PLEASE. SOMETIMES AN INTENTIONAL PARTY HOUSE, LIKE IN VOLTE, WHERE THE OWNERS LIVE FAR AWAY, THEY DON'T CARE ABOUT WHAT HAPPENS TO THE NEIGHBORS. BUT, UM, IN OTHER CASES, NEXT SLIDE, PLEASE. YOU CAN BE AN UNINTENTIONAL PARTY HOUSE. THIS IS MY HOUSE THAT WAS, WAS ADVERTISED AS THE PLAYBOY MANSION PARTY. UM, IN CASE YOU WERE WONDERING, I'M NOT A PLAYBOY BUNNY AND I DID NOT WANT A PLAYBOY MANSION PARTY IN MY HOME. SO THERE ARE NEFARIOUS CHARACTERS OUT THERE, SO YOU HAVE TO BE REALLY CAREFUL ABOUT WHOM YOU ALLOW TO RENT YOUR PROPERTY. SO HOW DO THEY DO THAT? NEXT SLIDE, PLEASE. UM, THEY MAY USE A THIRD PARTY TO, TO, UH, BOOK YOUR PROPERTY FOR YOU. SO I WAS DUPED BY A FAMILY THAT SAID THEY WERE GONNA STAY IN MY HOUSE. 14 PEOPLE STAY IN MY HOUSE AFTER CHURCH. INSTEAD, THEY SOLD TICKETS TO A BIG PARTY. SO I WANNA MAKE SURE THAT PEOPLE UNDERSTAND THAT THESE THINGS THAT YOU'RE ADVERTISING, SOME PEOPLE CAN USE THAT. AND I PROBABLY SUFFERED OVER A HUNDRED THOUSAND DOLLARS WORTH OF DAMAGE. I DON'T WANT THAT TO HAPPEN TO OTHER PEOPLE, AND I DON'T WANT THE NEIGHBORHOODS TO, TO EXPERIENCE WHAT MY WONDERFUL NEIGHBORHOOD EXPERIENCE. THANK YOU. SO YOU ARE IN FAVOR OF THE REINSTATEMENT, THE REINSTATEMENT OF IT. I, I'M IN FA IN FAVOR OF HER GETTING A WARNING AND TO COME INTO COMPLIANCE. GOOD. THANK YOU. THANK YOU. [02:10:04] ALL RIGHT. UM, JASON VASQUEZ. GOOD AFTERNOON. MY NAME IS JASON VASQUEZ. YOU OKAY. MY NAME IS JASON VASQUEZ AND MY ADDRESS IS 2331 WEST SUMMIT 7 8 2 0 1. THIS IS REGARDING AGENDA ITEM EIGHT. I WOULD LIKE TO PROVIDE MY STRONG OPPOSITION TO THE APPLICANT'S APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE A SHORT-TERM RENTAL PERMIT FOR 2102 WEST KINGS HIGHWAY. I AM A MEMBER OF THE JEFFERSON NEIGHBORHOOD ASSOCIATION BOARD, AND A VOTE OF BOARD MEMBERS WAS HELD ON WHETHER TO SUPPORT THE APPLICANT'S REQUEST FOR REINSTATEMENT OF THEIR S T R PERMIT TO OPERATE. THE VOTE WAS SOUNDLY DEFEATED BY THE BOARD BY A MARGIN OF TWO IN FAVOR OF REINSTATEMENT AND FOUR IN OPPOSITION OF REINSTATEMENT. THE VOTE WAS BASED ON INTERVIEWS OF ADJACENT PROPERTY OWNERS CONDUCTED BY THE JEFFERSON NEIGHBORHOOD ASSOCIATION PRESIDENT TED GUERRA, AND FEEDBACK FROM NEIGHBORS WHO ARE PRESENT HERE TODAY AND MY PERSONAL EVALUATIONS. AN ELOQUENT RESPONSE WAS PROVIDED BY ONE BOARD MEMBER IN PARTICULAR, WHO HELPED REINFORCE MY DECISION BY SAYING I DEFER TO IMMEDIATE NEIGHBORS FOR SPECIFIC FEEDBACK. THE THOUGHT OF HAVING A MEETING PLACE ON THE NEXT BLOCK WHERE MY CHILDREN RIDE THEIR BIKES, SCOOTERS, ET CETERA, IS NOT AT ALL APPEALING TO ME. I HAVE TWO YOUNG CHILDREN, AND WE CHOSE TO STAY IN THIS NEIGHBORHOOD BECAUSE THAT IS WHAT WE THOUGHT IT WAS AND WOULD CONTINUE TO BE. THE HOUSE NEXT DOOR TO US WAS AN AIRBNB, AND WE HATED IT. IT WAS RECENTLY PURCHASED, AND I FEARED THEY MAY USE IT FOR THAT. AGAIN. IF THIS TREND CONTINUES, WE WOULD SERIOUSLY RECONSIDER, RECONSIDER WHETHER WE WANT TO SEE IN THE NEIGHBORHOOD. THEREFORE, I RESPECTFULLY DO NOT SUPPORT REINSTATEMENT OF THE PERMIT END QUOTE. I ALSO OPPOSE BECAUSE THE USE OF THIS PROPERTY AS AN S T R GUTS, THE ASSE, THE ESSENCE OF A NEIGHBORHOOD 2102 WAS THE HOME OF A LOVELY, UH, COUPLE, UM, UNTIL THIS BECAME AN S T R AND AN HOURLY EVENT. VENUE LIVING NEXT DOOR TO A HOME SHOULD PROVIDE YOU SOMEONE YOU CAN COUNT ON AND WHO YOU CAN ENJOY YEARS LIVING IN. HARMONY NEXT TO, I STRONGLY URGE YOU TO OPPOSE THE APPLICANT'S APPEAL AS THE OWNERS OF THE SS T R ARE GIVEN THE RULES AND REGULATIONS FROM THE CITY AT THE GET GO. THANK YOU. THE NEXT ONE IS TED RA. TED RA JEFFERSON NEIGHBORHOOD ASSOCIATION PRESIDENT, 2352 WEST MULBERRY. AS JASON MENTIONED, UM, I COULD READ THE WHOLE LETTER THAT I SUBMITTED BEFORE, BUT AS HE MENTIONED, WHEN I FOUND OUT THAT THE PERMIT WAS REVOKED, I, I WENT TO THE NEIGHBOR'S, UH, HOMES, RIGHT, RIGHT BESIDE HIM ADJUSTING TO THE HOUSE. UH, LUCKILY BEFORE I SPOKE TO THE, UM, THE NEIGHBORS, I DID RUN INTO THE HOMEOWNERS AND I DID GO TALK TO THEM, YOU KNOW, ASKING THEM WHAT WAS GOING ON AND, AND WHAT, AND, AND THEY TOLD ME, UH, THEY DID MENTION PEER SPACE. SO WITH THAT BEING SAID, AFTER I TALKED TO THE, TO THE ADJACENT NEIGHBORS, THEY HEARD THE PARTY HOUSE, THE CARS, EVERYTHING THAT THEY WERE DOING AS, AS FAR AN EVENT CENTER. SO THE JEFFERSON NEIGHBORHOOD ASSOCIATION DOES OPPOSE THEIR APPEAL. THANK YOU. AND LAST SPEAKER IS MRS. LARISSA BERNARD'S. BEN. BEN, I HAVE SOME PICTURES. OH, ANDREW? YEAH. AS I, I'M GONNA START SO WE CAN GET OUTTA HERE. , THANK YOU FOR GIVING THE OPPORTUNITY TO SPEAK THIS AFTERNOON. MY NAME IS LARISSA BENAVIDES AND I LIVE AT 2114 WEST KINGS HIGHWAY. I HAVE LIVED AT THE RESIDENCE FOR OVER 18 YEARS. MY HOME IS EXACTLY TWO HOUSES DOWN ON THE SAME SIDE. SO I HAVE A, A GOOD VIEW AND UNDERSTANDING OF WHAT GOES ON A [02:15:01] RE ON A REGULAR BASIS. I AM IN OPPOSITION OF REINSTATING THE SHORT-TERM RENTAL PERMIT FOR 2102 WEST KINGS HIGHWAY. MY RE MY REASONS ARE THE FOLLOWING. THE OWNERS ARE NOT OPERATING IN ACCORDANCE OF THE SHORT-TERM RENTAL RULES. 2102 WEST KINGS HIGHWAY IS REFERRED TO AS THE PINK PALACE. IT HAS AN INSTAGRAM PAGE, A FACEBOOK PAGE, ITS OWN WEBSITE, WW.PINK PALACE SA.COM, AND A NEWSLETTER. THE ADVERTISING ON THESE MULTIPLE PLATFORMS CLEARLY GOES AGAINST S T R RULES. IT IS HOSTING EVENTS AND RENTS RENTING BY THE HOUR. HERE ARE A FEW DIRECT QUOTES, AND YOU HAVE PICTURES OF THE QUOTES. WE RAN OUT THE PINK PALACE BY THE HOUR AND ASKED THAT THE EVENT BE FINISHED BY MIDNIGHT. THE SOURCE IS THE WEBSITE. THERE IS A DIFFERENT PRICING BY THE HOUR VERSUS THE NIGHT. PLEASE INQUIRE THE SOURCE AGAIN, IS THE WEBSITE. DON'T ANOTHER QUOTE. DON'T WORRY ABOUT DISTURBING OTHER GUESTS OR EVEN NEIGHBORS. THIS IS PROBABLY THE QUOTE THAT MAY ME TAKE TIME OFF TODAY AND SPEAK OUT. THIS BOTHERED ME THE MOST. IT BOTHERED ME A LOT. I THINK THIS COMMENT SPEAKS VOLUMES TO A BUSINESS NOT OPERATING WITH GOOD FAITH OR BEING A GOOD NEIGHBOR, OR WANTING TO BE EVEN BE PART OF THIS COMMUNITY THAT I LIVE IN, IN THESE RECENT TIMES. WE NEED A STRONG COMMUNITY, MORE THAN EVER. ANOTHER QUOTE, UP TO 50 CARS CAN PARK IN THE NEIGHBORHOOD. THE SOURCE PEER SPACE, PARTIES AND EVENTS ARE ALLOWED ON SITE, THE SOURCE PEER SPACE. THESE ARE JUST SOME OF THE QUOTES ON THEIR DIFFERENT PLATFORMS TO ADVERTISE THEIR BUSINESS. THE PINK PALACE, AND IT SHOWS CLEAR INTENT. MA'AM, THAT IS TWO MINUTES. OH, OKAY. THANK YOU. THANK YOU. THANK YOU. SAVANNAH. SAVANNAH, UM, EXCUSE ME, MISS. OH, I'D LIKE YOU TO FINISH, PLEASE. OH, OKAY. , I'M SORRY. I'LL, UM, USUALLY SPEAK, I'LL SPEAK FAST. UH, THESE ARE JUST SOME OF THE QUOTES ON THEIR DIFFERENT PLATFORMS TO ADVERTISE THE BUSINESS. THE PINK PALACE AND SHOWS CLEAR INTENT, ABSOLUTELY NO REGARD FOR THE EXISTING NEIGHBORS FOR THEIR FINANCIAL GAME. SINGLE FAMILY PROPERTY IS NOT ZONED FOR THE COMMERCIAL USE TO HOST EVENTS. I HAVE WITNESSED MANY, MANY, MANY WEEKENDS WITH 15 PLUS CARS ALL ALONG THE STREETS AND ALONG LAKE STREET. AND I HAVE PICTURES TO SHOW THAT THEY HAVE HOSTED MANY EVENTS TO INCLUDE A CHRISTMAS PARTY, A BACHELORETTE PARTIES PHOTO SHOOTS, MANY EVENTS OVER THE COURSE OF THE YEAR, IT HAS, IT APPEARS THE RULES HAVE BEEN FOLLOWED LESS AND LESS. IT'S CONCERNING WHAT FURTHER RULES WILL BE BROKEN IF THEY ARE ALLOWED TO CONTINUE. IN SUMMARY, I AM DEFINITELY IN OPPOSITION TO THE APPEAL. THE PROFIT ACTIVITIES AT THE PINK PALACE 2102 WEST KINGS HIGHWAY IS CLEARLY VIOLATING THE SS T R RULES AND POLICIES, AND MORE IMPORTANTLY, HAS BEEN A NUISANCE BY AFFECTING OUR QUALITY OF LIFE TO THE NEIGHBORHOOD WITH MANY PARTIES, LOUD MUSIC AND EXCESSIVE AMOUNT OF CARS PARKED ALONGSIDE THE STREETS AND BLOCKED SIDEWAYS. I APPRECIATE YOUR TIME AND CONSIDERATION. THE CODE IS CLEAR, THE VIOLATIONS ARE CLEAR. PLEASE DO NOT APPROVE. I APPRECIATE THE EXTRA TIME. THANK YOU. THANK YOU. MY APOLOGIES. A COUPLE MORE. UM, MR. UH, JAMIE PARKER. IT'S FOLLOWED BY MR. TOM . SHE KEY, SHEP SHEP KEY. GOOD AFTERNOON, EVERYBODY. MY NAME'S JAMIE PARKER. I LIVE AT 2131 WEST KINGS HIGHWAY, WHICH IS ABOUT FIVE HOUSES DOWN ON THE, WELL, IT'S A LITTLE TOO LOW FOR ME, SO I'LL JUST SHOUT IF THAT'S OKAY. WE'RE TRYING TO PICK IT UP. OH, I SEE. UM, I LIVE ABOUT FIVE HOUSES DOWN ON THE OTHER SIDE OF THE STREET. UM, AND THE FIRST THING I WANNA SAY IS WE ABSOLUTELY WELCOME Y'ALL TO THE NEIGHBORHOOD. COME LIVE IN THE NEIGHBORHOOD, BRING YOUR KIDS. THERE'S KIDS THAT LIVE DIRECTLY ACROSS THE STREET FROM YOU. OUR KIDS GREW UP THERE. WE LOVE HAVING KIDS IN THE NEIGHBORHOOD. PLEASE COME AND LIVE HERE, BUT WHAT'S GOING ON RIGHT NOW, IT'S JUST NOT ACCEPTABLE TO, TO THE REST OF US THAT LIVE IN THE NEIGHBORHOOD. SO, UM, YOU KNOW WHAT LARISSA JUST SAID ABOUT 15 CARS ON THE STREET, THAT HAPPENS ALL THE TIME. I'M PRETTY SURE IT'S HAPPENED SINCE IT WAS REVOKED. AND SO THERE'S, THERE'S JUST CARS EVERYWHERE AND THERE'S THREE LITTLE KIDS THAT LIVE DIRECTLY ACROSS THE STREET THAT ARE OUT THERE PLAYING AND RIDING THEIR BIKES WITH CARS PARKED ON BOTH SIDES OF THE STREET. AND IF YOU'VE EVER BEEN ON LAKE BOULEVARD, CARS COME DOWN LAKE BOULEVARD REALLY FAST, AND THERE'S, THERE'S NO BUMPS, THERE'S NO SPEED BUMPS. AND SO CARS ARE SCREAMING DOWN THERE. AND WHEN YOU'VE GOT CARS PARKED ON LAKE AND CARS PARKED ON KINGS HIGHWAY, IT'S VERY HARD TO SEE WHEN YOU'RE PULLING OUT FROM KINGS HIGHWAY WITH ALL THOSE CARS PARKED IN THERE. SO IT'S KIND OF DANGEROUS AT THE END OF THE DAY, BUT THE BOTTOM LINE IS, IS THAT WE'RE, WE'D LOVE TO HAVE [02:20:01] THEM COME LIVE IN THE NEIGHBORHOOD. WE WANT THEM THERE. IT'S JUST THAT WE DON'T WANT WHAT'S HAPPENING RIGHT NOW. AND SO, I JUST WANTED TO MAKE THAT CLEAR. THANK YOU VERY MUCH. RACKMAN, ANY QUESTIONS? YES, I HAVE A QUESTION. SO YOU SAID SINCE THE REVOCATION, THERE'S STILL THE PARKING ISSUES THERE. THERE'S, I'VE SEEN 15 CARS OUT THERE IN BETWEEN WHAT'S IN THE DRIVEWAY AND WHAT'S ON THE STREET. OKAY. AND, AND I'M, I'M TRYING TO THINK EXACTLY WHEN THE REVOCATION WAS. AND I, AND I APOLOGIZE IF THAT'S INCORRECT. I I WILL TAKE THAT BACK. IT JUST SEEMS LIKE THAT SINCE THERE WAS THE REVOCATION, THAT THERE'S STILL BEEN STUFF GOING ON THERE. I DON'T KNOW IF THAT'S, YOU KNOW, I DON'T THINK IT HAD ANYTHING TO DO WITH THE PEER SPACE. IT WAS PROBABLY JUST THE REGULAR RENTALS. BUT IN ANY EVENT, IT'S, IT'S JUST, IT'S NOT WORKING FOR THE REST OF US IN THE NEIGHBORHOOD. SO THAT'S JUST THE, WHAT WE THINK. SO I, AND SO I, I CAN CLARIFY THAT. SO GENERALLY WHEN AN APPLICANT FILES AN APPEAL, IT STAYS THE DECISION OF STAFF TO REVOKE THE PERMIT. HOWEVER, BETWEEN THE PERMIT BEING REVOKED AND THE APPLICATION BEING FILED, IT CONTINUED TO BE ADVERTISED IN CODE ENFORCEMENT CASE 2 3 3 0 1 9 36 WAS FILED. ITS OUTCOME IS PENDING THE RESULTS OF TODAY'S HEARING. OKAY. THANK YOU ALL VERY MUCH. AND, UH, MRS. SUSIE PARKER, DID YOU WANTED TO SPEAK ALSO? SUZIE PARKER? I DIDN'T HEAR WHAT YOU SAID. SORRY. SHE, SHE TIME. THANK YOU. OKAY. UH, MR. TOM SHELA. AND YOU HAVE FOUR MINUTES, SIR. UH, MY NAME IS TOM. OH, SORRY. I USED TO BE A DJ. MY NAME IS TOM SHEF AND I'VE LIVED ACROSS THE STREET FROM THIS HOUSE FOR CLOSE TO 40 YEARS, MY WIFE AND I, AND MY, MY SON. AND, UH, WE'VE HAD, YOU KNOW, ALL SORTS OF GREAT FAMILIES THAT HAVE LIVED IN THIS HOUSE THROUGH THE YEARS. AND SO WHEN IT, THE LAST PEOPLE SOLD AND LEFT, WE WERE SAD TO SEE THEM GO. THEY HAD, THEY HAD KIDS, THE PEOPLE BEFORE THEM HAD KIDS, AND THIS COUPLE MOVED IN. AND SO I WENT OVER THERE. I, YOU KNOW, I, I KIND OF PATROLLED THE NEIGHBORHOOD. I WALKED MY DOG TWICE, YOU KNOW, TWICE A DAY. AND I KIND OF TRIED TO GET TO KNOW THEM. DIDN'T, DIDN'T REALLY GET A GOOD FEEL FOR THEM. UH, I MEAN, YOU KNOW, THEY WERE NICE ENOUGH. BUT ANYWAY, UM, I, WHAT I THOUGHT WAS INTERESTING IS, THE FIRST THING I NOTICED WAS AT NIGHT I'D GO OUT AND LET MY DOG, YOU KNOW, DO ITS BUSINESS BEFORE I GO TO BED. AND THERE WAS THIS LIGHT SHOW GOING ON AT THE HOUSE. HE, THEY HAD THESE LIGHTS GOING, YOU KNOW, LIKE MULTICOLORED LIGHTS. AND NOW THAT I THINK BACK ABOUT IT, I DIDN'T KNOW WHAT WAS GOING ON, BUT IT'S KIND OF LIKE A CAR DEALERSHIP WITH BIG SPOTLIGHTS GOING, YOU KNOW, HEY, YOU KNOW, SOMETHING'S COMING HERE, YOU KNOW, COME TO OUR PLACE. WELL, THEN AFTER THAT I STARTED TO NOTICE THAT, YOU KNOW, THERE'S THESE CARS KIND OF, YOU KNOW, COMING AND ON THE WEEKENDS AND THEY'D BE THERE. AND I, AND I TOLD MY WIFE, I SAID, WHAT'S GOING ON HERE? AND SHE SAID, YOU KNOW, SHE, UH, MY NEIGHBOR ACTUALLY, UH, WHO HAS THE THREE KIDS, HE SOMEHOW FOUND OUT THAT THEY WERE DOING, UH, AIRBNB. SO WE KIND OF, YOU KNOW, STARTED, YOU KNOW, CHECKING THE PLACE OUT. MY WIFE AND I ACTUALLY, UH, WE RENT OUR GARAGE APARTMENT OUT. WE USED TO DO SHORT-TERM AIRBNB. WE DO LONG-TERM AIRBNB NOW. AND WE'VE NEVER HAD ANY ISSUES. MY WIFE ACTUALLY IS, IS, UM, TRIES TO, YOU KNOW, MAKE SURE THAT THE PEOPLE THAT WE BRING IN, YOU KNOW, ARE SUITABLE TO THE NEIGHBORHOOD. BUT IT JUST STARTED GETTING REALLY, YOU KNOW, UNCOMFORTABLE FROM THE STANDPOINT. YOU KNOW, THEY WERE OBVIOUSLY HOSTING PARTIES. WE SAW THEIR AIRBNB EVENTUALLY WE SAW OTHER WEBSITE, YOU KNOW, THEIR WEBSITE, OTHER SITES, YOU KNOW, THEY WERE, YOU KNOW, OBVIOUSLY, YOU KNOW, SHOWING, YOU KNOW, THIS WAS A PARTY PALACE. WHEN WE FOUND OUT IT WAS THE PINK PALACE, I ACTUALLY, I WOULD GO OUT AT NIGHT, LIKE I SAID, WHEN I'D LET MY DOG OUT AND I STARTED TAKING PICTURES OF THE PLACE BECAUSE I THOUGHT, WOW. AND I EVEN TOLD ABEL AND ASHA, I SAID, WOW, THAT'S PRETTY COOL. IT LOOKS LIKE THE HOTEL CALIFORNIA. WE'LL, COME TO FIND OUT IT WAS, IT WAS THE PINK PALACE. SO, ANYWAY, UH, LIKE I SAID, IT'S, YOU KNOW, WE'VE BEEN DEALING WITH THIS FOR LIKE, THE PAST 14 MONTHS. AND, YOU KNOW, I, I, I DON'T, YOU KNOW, AS, AS FAR AS, YOU KNOW, ABEL AND ASHA GO, I MEAN, I DON'T, I DON'T, LIKE I SAID, I DON'T HAVE MUCH TO SAY ABOUT THEM. WE DON'T KNOW THEM 'CAUSE THEY'RE NOT A PART OF THE NEIGHBORHOOD. THIS WHOLE THING, LIKE I SAID, WITH THE LIGHT SHOW AT THE BEGINNING, IT WAS SET UP TO BE A BUSINESS. YOU KNOW, IT, IT'S OBVIOUS FROM THE GET GO. SO, YOU KNOW, AS FAR AS I'M CONCERNED, I MEAN, YOU KNOW, UH, YOU KNOW, THEY'VE BREAKING ALL THE RULES, YOU KNOW, IN MY EYES, YOU KNOW, I, YOU KNOW, WITH ANYBODY, IT'S KINDA LIKE, I GREW UP IN HOUSTON, TEXAS WHERE THERE'S NO ZONING. WOULD YOU WANT A SEVEN 11 NEXT TO YOUR HOUSE? YOU KNOW, THAT'S PRETTY MUCH WHAT IT IS. SO, LIKE I SAID, I, I STRONGLY, YOU KNOW, DISAGREE WITH THEM GETTING BACK THEIR SHORT-TERM RENTAL AGREEMENT. AND, YOU KNOW, QUITE HONESTLY, LIKE I SAID, I, YOU KNOW, I WISH I'D GO BACK TO BEING A SINGLE FAMILY HOME AND NOT AN EVENT CENTER OR A, YOU KNOW, OR A PARTY HOUSE. ANYWAY. THANK YOU. [02:25:03] ALRIGHT, UH, LASTLY, BELLAFONTE SH BELAFONTE, THAT'S ALL THE PUBLIC COMMENTS. RIGHT? THANK YOU. UM, LET'S SEE. ANY COMMENTS FOR ANY QUESTIONS FOR STAFF? AND THEN WE'LL ASK THE APPLICANT TO PROVIDE A, A FINAL REBUTTAL BEFORE WE CLOSE THE PUBLIC PORTION. ANY QUESTION FOR STAFF, THE APPLICANT? I'D ASK YOU TO PLEASE COME FORWARD. YOU'VE HEARD ALL THE COMMENTS. UM, AND, UH, AND, UH, IF YOU WANTED TO PROVIDE A FINAL REBUTTAL BEFORE WE CLOSE THE PUBLIC PORTION. SO, YEAH, I JUST WANNA STATE A FEW THINGS THAT I KEPT HEARING OVER AND OVER AGAIN WERE THAT WE SAID THAT YOU CAN HAVE 60 OR 50 CARS. I DON'T KNOW WHERE THAT WAS WRITTEN. I, I DON'T KNOW IF ANYONE EVER PULLED IT UP, BUT I NEVER SAID THAT. AND WE HAVE FIVE CARS THAT FIT IN THE DRIVEWAY, AND YES, THERE'S PUBLIC PARKING IN FRONT OF THE HOUSE AND ON LAKE BOULEVARD, WE EVEN SUBMITTED THAT WITH OUR S T R PLAN, SHOWING WHERE PEOPLE CAN PARK. UM, AS FOR EVENTS AND PARTIES CONSTANTLY, AND THE PARTY PALACE, WHICH WE'RE KIND OF DEEMED THE NAME AS, WE HAVE GUESTS THAT COME, WE HAVE 12 PEOPLE THAT CAN SLEEP IN THE HOUSE. 12 PEOPLE COME, THEY STAY THERE. A LOT OF TIMES THEY'RE COMING BACK VISITING FROM HOUSTON OR OTHER PARTS OF TEXAS COMING BACK TO SAN ANTONIO BECAUSE THEY HAVE FAMILY HERE. THEY INVITE FAMILY OVER. WE HAVE CAMERAS LIKE, AND THE SURROUNDING OF THE HOUSE, WATCHING THE DRIVEWAY, WATCHING THE FRONT OF THE HOUSE. WE MAKE SURE THAT CARS ARE NEVER BLOCKING. YEAH. SOMETIMES PEOPLE DON'T READ. WE HAVE EVERYTHING IN A CLEAR GUIDEBOOK FOR EVERYONE. PEOPLE DON'T ALWAYS READ THE GUIDEBOOK AND A CAR WILL BE BLOCKING, YOU KNOW, THE SIDEWALK OR SOMETHING WE CAN'T SEE ON THE SIDE STREET, ON LAKE STREET. WE DON'T KNOW WHAT'S HAPPENING OVER THERE. UH, BUT WE MAKE SURE TO LET OUR GUESTS KNOW RIGHT AWAY, HEY, YOU NEED TO MOVE YOUR CAR. HEY, YOU CAN'T PARK THERE. THINGS LIKE THAT. WE'VE BEEN VERY, LIKE, METICULOUS ABOUT SCREENING, WHO COMES TO STAY THERE. AND IT'S, IT'S JUST A GROUP OF 12, YOU KNOW, IT'S KIND OF A LARGE GROUP, WHICH MEANS THEY LIKE TO HAVE FUN. BUT HAVE ANY COPS BEEN CALLED EVER FOR A PARTY? NEVER. I MEAN, IF ALL THE NEIGHBORS HAVE SUCH ISSUES WITH US BEING THE PARTY PALACE, WHY ARE THERE NO COP REPORTS ON ANY LOUD NOISE OR DISTURBANCES? I DON'T UNDERSTAND THAT. DO YOU WANNA SAY SOMETHING? THE, THE NEIGHBORS, UH, IT'S, AS FAR AS I KNOW, HAVE NEVER ONCE CALLED US OR ASKED FOR A NUMBER TO CALL US IF THERE WAS SUCH A DISTURBANCE. AND ALSO, LIKE SHE JUST SAID, THERE ISN'T LIKE, IT'S NOT LIKE, UH, THE POLICE HAVE BEEN CALLED AND THEY'RE VISITING THE HOUSE OVER AND OVER AGAIN WEEKEND AFTER WEEKEND AFTER WEEKEND. THIS HAS NOT HAPPENED. THE ONE TIME THAT POLICE WERE CALLED WAS ACTUALLY WHENEVER WE RENTED IT TO PAULETTE, WHO WAS HERE EARLIER. SHE'S PART OF THE NEIGHBORHOOD FOR 50 YEARS. SHE RENTED IT, UH, FOR HER DAUGHTER'S WEDDING. UH, WE, WE OF COURSE WANTED THAT TO BE BEING THAT SHE WAS A NEIGHBOR, UH, LET, AND PART OF THE NEIGHBORHOOD. SHE DIDN'T RENT IT FOR HER DAUGHTER'S WEDDING. HER DAUGHTER WAS GETTING MARRIED IN SAN ANTONIO. AND SO SHE HAD FAMILY COMING IN TO STAY. AND SO SHE WANTED TO HOUSE THEM CLOSE TO HER HOUSE. SO THEY STAYED. THE POLICE WERE CALLED BECAUSE I GUESS THE CAR'S IN THE STREET. THE POLICE COME UP TO THE HOUSE, PAULETTE INVITES THEM IN. UH, SHE SAYS, HEY, HAVE A LOOK AROUND, SEE HOW MANY PEOPLE ARE HERE. IT'S LIKE A GROUP OF 10 70 YEAR OLD PEOPLE EATING BRISKET. THE POLICE WALK AWAY WITH BRISKET PLATES BECAUSE OBVIOUSLY IT'S, THE PARTY PALACE IS NOT HAPPENING IN THE WAY THAT IT HAS BEEN DESCRIBED AS FAR AS I KNOW. SO I WOULD THINK THAT THE POLICE RECORD WOULD REFLECT ALL OF THIS. 'CAUSE I DON'T KNOW OF ONE. UM, IT IS OUR MISTAKE TO LIST IT ON PEER SPACE, DEFINITELY A VIOLATION. UM, I WOULD THINK THAT THOUGH A MISTAKE LIKE THIS, UM, COULD HAVE BEEN FIXED. AND ABOUT THREE MIGHT MOUSE CLICKS REALLY EASY FIX, UM, OR JUST LET US KNOW, LIKE, HEY, YOU KNOW, THIS VIOLATION, IT IS OUR FAULT FOR, FOR OF, OF COURSE, LIKE YOU SAID, IT'S WRITTEN IN BLACK AND WHITE. UM, IT IS WHAT IT IS. SO, SO I HAVE A QUESTION. SO IF, IF I LOOK UP THE PINK PALACE ESSAY WEBSITE TODAY, LIKE RIGHT NOW, I JUST DID, AND ON THERE IT SAYS, UH, SUITABLE FOR EVENTS ON THE WEBSITE RIGHT NOW. SO WHAT CHANGES? WHAT IF, IF WE WERE TO ALLOW, UH, IF WE WERE TO GRANT THE APPEAL, WHAT CHANGES WITH THE OPERATION OF THE, OKAY, THAT'S NOT AN EVENT CENTER, WHICH YOU'RE CLEARLY ADVERTISING FOR BECAUSE IT'S ON THE WEBSITE RIGHT NOW THAT SAYS EVENTS SUITABLE THAT. SO HOW, HOW IS THAT DIFFERENT THEN? OKAY, I'M GONNA EXPLAIN. SO WHEN I SAY EVENTS, I MEAN, WE'VE HAD PEOPLE REACH OUT TO US ASKING, HEY, [02:30:01] IT'S GONNA BE MY WIFE'S 40TH BIRTHDAY. I WANNA SURPRISE HER. CAN YOU HAVE BALLOONS THERE AND SOME FLOWERS, THINGS LIKE THAT. WE'RE HAPPY TO ACCOMMODATE THAT. WE'RE HAPPY TO BE LIKE, SURE, WE'LL SET IT UP REALLY NICELY FOR YOU. WE'LL PUT SOME LIGHTS UP, WE'LL PUT SOME STRINGS. AND YOU KNOW, WITH THE LIGHTING DESIGN TOO, WE'RE, HE'S INTO LANDSCAPE DESIGN AND LIGHTING, SO THAT'S JUST, WE LOVE THE HOUSE AND THAT'S HOW WE LIKE TO LIGHT IT UP. AND IT'S JUST, THEY'RE JUST SOLAR GARDEN LIGHTS. THERE'S NO LIKE, LARGE SPOTLIGHTS THAT ARE PLUGGED IN OR ANYTHING. UM, AND SO WE'VE HAD WEDDING PROPOSALS. WE'VE HAD ALL KINDS OF DIFFERENT SPECIAL MOMENT MOMENTOUS CELEBRATIONS THAT PEOPLE RENT THE HOUSE FOR THAT WE HELP THEM TO SET UP. AND IN TERMS OF FOOD AND CATERING, WE HAVE NEVER ONCE SUPPLIED FOOD OR CATERING FOR ANYONE. AND WE DO SAY ON THE WEBSITE, WE HAVE A PROPRIETARY IN-HOUSE CHEF. IT'S HIS COUSIN WHO'S AN AMAZING CHEF. WE DON'T GET ANY FEE FOR IT. ALL WE DO IS GIVE A CHEF RECOMMENDATION. HERE'S HIS NUMBER, YOU CALL HIM, YOU ARRANGE IT. IT'S TOO DIFFICULT TO BE IN THE MIDDLE OF SOMETHING LIKE THAT. SO WE HAVE ANY, ANY OTHER QUESTIONS? MR. MR. MACHACA? UM, LET ME ADD A LITTLE MORE CLARIFICATION TO THAT. UM, I, IS THERE AN INITIATIVE RIGHT NOW ON YOUR PART OR, UM, HAS IT ALREADY BEEN DONE? HAS IT ALREADY BEEN DONE TO CHANGE THAT ADVERTISEMENT? WE'VE DELETED THE PEER SPACE ALREADY AS, AS, AS SOON AS WE FOUND OUT ABOUT THE VIOLATION OF PEER SPACE, WE TOOK IT DOWN INSTANTLY. I MEAN IT, LIKE I SAID, IT TOOK LIKE THREE MOUSE CLICKS TO, TO DELETE IT. SO WE CAME WITHIN, WE, WE'D FORGOTTEN IT WAS EVEN UP. YEAH, I MEAN, WE LISTED IT A WHILE. WE, WE LISTED IT IT MONTHS AGO AND FORGOT ABOUT IT. OBVIOUSLY THAT WAS A FATAL MISTAKE. BUT ORIAN, MR. ORIAN? YES. UH, I'M ON YOUR WEBSITE RIGHT NOW. AND, AND IT UNDER HOUSE RULES, IT SAYS NO PARTIES ARE, EVENTS ARE ALLOWED. IT SPECIFICALLY DIRECTS EVERYBODY NOT TO PARK IN FRONT OF NEIGHBOR'S HOMES, DON'T PARK IN FRONT OF NEIGHBOR'S DRIVEWAYS. HAS THIS WEBSITE BEEN CHANGED IN THE LAST FEW MONTHS, UH, OR IS THIS THE WAY IT'S ALWAYS BEEN? NO, THAT'S THE WAY IT'S BEEN. SO WHEN WE FIRST STARTED RUNNING IT AS AN AIRBNB, SO ONE OF THE, THE GUESTS, PAULETTE, OUR NEIGHBOR WHO RENTED IT, SHE WAS KIND OF THE ONE, YOU KNOW, THAT THEY CALLED THE COPS ON, I GUESS BECAUSE THERE WAS A LOT OF CARS IN AND OUT BECAUSE SHE HAS A LOT OF FAMILY IN THE AREA THAT WERE VISITING AND STOPPING BY FOR FOOD AND TO SEE HER DAUGHTER AND THINGS LIKE THAT. SO WE REALIZED QUICKLY, OKAY, THE CARS ARE AN ISSUE. LIKE, YOU KNOW, SHE WAS A GREAT NEIGHBOR AND SHE, THE FACT THAT SHE WAS A NEIGHBOR, WE WANTED TO ACCOMMODATE HER AND HER FAMILY COMING OVER FOR THE SPECIAL OCCASION OF HER DAUGHTER'S WEDDING. SO WE DID CHANGE THAT RIGHT AWAY AND JUST MAKE IT CLEAR, DO NOT DISTURB THE NEIGHBORS, DO NOT PARK IN THE NEIGHBOR'S DRIVEWAY, DON'T PARK IN FRONT OF ANY OF THE NEIGHBORING HOMES. AND WE MAKE SURE TO REGULATE THAT. WE CHECK THE CAMERAS WHENEVER WE HAVE GUESTS AND, YOU KNOW, KNOW IT'S GONNA BE LIKE A LARGER GROUP. SOMETIMES WE JUST HAVE TWO PEOPLE RENT THE HOUSE. BUT USUALLY NOW ON YOUR WEB, ON YOUR WEBSITE, YOU, IT DOESN'T ALLOW BOOKING BY THE HOUR. BUT WE DID SEE SOME, UM, IN THE STAFF REPORT, UH, IT WAS ON PEERSPACE THAT IT WAS BOOKING BY THE HOUR. HAVE YOU ACCEPTED ANY BOOKING BY THE HOUR, UH, YOU KNOW, SINCE YOU OPENED THIS S T R? UH, YES. SO, LIKE I SAID, THE TWO BOOKINGS THAT WE HAD ON PEERSPACE WERE BY THE HOUR BECAUSE PEERSPACE DOESN'T ALLOW YOU TO RENT OVERNIGHT. BUT BOTH OF THOSE BOOKINGS, THE WOMEN CAME TO THE HOUSE TO SEE IT FIRST AND DISCUSS WITH ME. AND THEY BOTH ENDED UP WANTING TO SPEND THE NIGHT. SO NONE OF IT WAS BY THE HOUR. SO YEAH, NO, IT WASN'T BY THE HOUR BECAUSE IT, THE PEOPLE CAME AND VIEWED THE HOUSE AND IT, IT BASICALLY TURNED INTO AN S T R, THEY REALIZED IT WAS AN AIRBNB. OKAY. SO YOU, YOUR, THE USE OF PEER SPACE SEEMS TO BE THE, THE BIG PROBLEM HERE. YES. ALRIGHT, THANK YOU MANNA. MR. MANA. SO, SO COULD YOU TAKE A, GRAB THESE TWO DOCUMENTS HERE? SO, UM, THOSE ARE FROM YOUR WEBSITE, UH, THEY'RE PREVENTED PRESENTED EARLIER. AND THEN I'M CURRENTLY LOOKING AT YOUR WEBSITE RIGHT NOW UNDER FILMING IN PHOTOGRAPHY, AND IT SAYS YOU CAN RUN IT BY THE HOUR CURRENT, I MEAN, RIGHT NOW. SO JUST TRYING TO UNDERSTAND, YOU KNOW, YOU'RE STILL STATING THAT COULD BE RUN BY THE HOUR AND THEN YOU JUST STATED THAT YOU HADN'T REALLY MADE CHANGES FROM IT, AND THAT SHOWS CLEARLY THAT THERE WAS, YOU KNOW, I GUESS A, A DIFFERENT OPINION OR YOU HAD POSTED A DIFFERENT POSITION, I GUESS PREVIOUSLY. SO, WELL, WE DIDN'T REALIZE, HONESTLY, THAT LIKE PHOTOGRAPHY PHOTO SHOOTS AT THE HOUSE. IT'S A BEAUTIFUL HOME. PEOPLE SEE IT AND THEY'RE LIKE, WOW, CAN I DO A PHOTO SHOOT HERE? CAN I DO ANY KIND OF SPECIAL THING HERE? BECAUSE IT'S A NICE BACKDROP. AND WE DIDN'T REALIZE THAT A PHOTO SHOOT WAS AN ISSUE BECAUSE, I MEAN, IT'S USUALLY JUST A FEW PEOPLE, PHOTOGRAPHER AND A FEW PEOPLE DOING A PHOTO SHOOT. WE'VE LENT THE HOUSE TO FRIENDS TO DO IT NOT BEING PAID BY THE HOUR OR ANYTHING. AND THE WHOLE ESSENCE OF [02:35:01] AIRBNB IS A COMMERCIAL BUSINESS. YOU ARE SELLING YOUR PROPERTY AND SELLING PEOPLE TO COME STAY THERE, BUY THE PHOTOS, AND YES, WE HAVE A WEBSITE AND WE HAVE A, AN INSTAGRAM AND A SOCIAL MEDIA AND WE'VE HAD INFLUENCERS STAY THERE FOR FREE TOO AND TAKE LOTS OF PICTURES AND LITTLE VIDEOS AND POST IT UP BECAUSE IT'S A WAY TO GET BOOKINGS. AND THAT IS THE NATURE OF THE BUSINESS RIGHT NOW IN SAN ANTONIO. I MEAN, THERE'S A HUGE OVERSATURATION OF AIRBNB'S EVERYWHERE. AND SO YOU GET LOST ON THE WEBSITE, LIKE YOU DON'T, SO YOU HAVE TO DO THINGS TO KIND OF STAND OUT AND YES, WE'VE DONE ALL THIS BECAUSE WE LOVE THAT HOUSE BECAUSE WE WANNA LIVE THERE ONE DAY. SO WHY WOULD WE BLATANTLY DISRESPECT THE NEIGHBORS? LIKE THEY WERE ALL KIND OF COOL WITH US. THEY CAME UP WITH US AND SPOKE WITH US WHEN WE FIRST MOVED IN. WE WERE THERE FOR A FEW MONTHS, LIKE GETTING FURNITURE AND SETTING THE PLACE UP. WE DIDN'T NECESSARILY WANNA TELL THEM THAT WE EVENTUALLY WERE GONNA HAVE TO AIRBNB IT BECAUSE WE COULDN'T QUITE AFFORD IT. THE OVERHEAD ON THAT HOUSE IS EXTREMELY HIGH AND WE'RE JUST NOT THERE YET. THAT'S WHY WE'VE BEEN WORKING TOWARDS GETTING TO THAT PLACE. BUT I MEAN, YEAH, I DON'T KNOW. DO YOU HAVE ANYTHING ELSE TO SAY? LIKE , THANK YOU. THANK YOU. ANY OTHER MS REGA, UH, FOR STAFF? WHAT? SHE JUST ASKED ABOUT PHOTOGRAPHY. IS THAT A VIOLATION IN ITSELF? YEAH, I, I THINK THERE'S A VERY FINE LINE TO DRAW BETWEEN SOMEONE RENTING AN AIRBNB AND TAKING SOME PICTURES WHILE WE'RE, THEY'RE THERE. THAT'S OBVIOUSLY PERMITTED, BUT HAVING PEOPLE ON A COMMERCIAL BASIS COME TO A PROPERTY TO TAKE PICTURES IS A VIOLATION. WHAT THE ORDINANCE SAYS IS THAT EVENT SPACES, WEDDING VENUES, ET CETERA, OR ANYTHING ELSE LISTED IN THAT COMMERCIAL USE MATRIX IS NOT PERMITTED. AND THAT IS A STANDALONE USE IN THE USE MATRIX WAS, WHICH IS A PHOTOGRAPHY STUDIO. SO AGAIN, IS IT A VIOLATION IF YOU GO OUT AND RENT AN AIRBNB TO TAKE A PICTURE OF THE FAMILY IN THE BACKYARD TO REMEMBER THE VACATION? NO, THAT'S NOT A VIOLATION. BUT TO HAVE PEOPLE COMING IN FOR THE COMMERCIAL PURPOSE OF TAKING PHOTOGRAPHS IS ABSOLUTELY A VIOLATION OF THE ORDINANCE. BUT NOT, NOT ONLY IS THAT A VIOLATION, BUT IT'S JUST THE ADVERTISEMENT FOR THOSE ACTIVITIES, WHICH THAT WAS THE BIG DEAL HERE. IT'S NOT LIKE WE'VE HAD ALL THESE CRAZY EVENTS AND PHOTO SHOOTS AND COMMERCIAL ACTIVITIES HAPPENING ON THE PROPERTY. IT WAS JUST THAT IT WAS ADVERTISED AS SUCH ON PEERSPACE, WHICH, YOU KNOW, IF WE HAD BEEN GIVEN NOTIFICATION, HEY, THAT WAS A MISTAKE, WRONG, TAKE IT DOWN, YOU HAVE THIS AMOUNT OF TIME TO DO THIS, COME WITHIN COMPLIANCE AND THERE IT IS, YOU KNOW, IT'S AS EASY AS THAT. THANK YOU. LET'S SEE. ANY OTHER QUESTIONS? HEARING NONE. I BELIEVE THAT CLOSES THE PUBLIC PORTION OF, I I HAVE ONE MORE THING TO SAY JUST ABOUT THE, DON'T WORRY ABOUT DISTURBING OTHER GUESTS OR EVEN NEIGHBORS. THE PROPERTY IS LIKE ISOLATED ON A CORNER LOT. UH, IT'S A AWAY FROM OTHER NEIGHBORS. THE HOUSE NEXT DOOR IS VACANT AND HAS BEEN VACANT SINCE WE'VE OWNED IT. SO THAT'S WHAT I MEAN, DISTURBING NEIGHBORS. I MEANT THE DIRECT NEIGHBORS, EVERYTHING ELSE. LIKE NO NEIGHBORS ACROSS THE STREET, THEY'RE PRETTY FAR AWAY. THEY CAN'T HEAR WHAT'S GOING ON. IF SO, THEY WOULD'VE BEEN CALLING THE COPS ON ALL THESE PARTIES THAT WE'RE HAVING. AND ANOTHER THING I WANTED TO POINT OUT TOO IS THAT YES, WE BOUGHT THIS HOUSE, WE LOVE IT. WE'VE INVITED OUR FAMILY FROM THE FLOWN IN FROM DIFFERENT PARTS TO COME STAY AS WELL. AND WE'VE ENJOYED IT. YOU KNOW, WE HAD MY BIRTHDAY PARTY THERE LAST YEAR AS WELL. IT'S OUR HOME AS WELL. AND IF WE WANNA HAVE A SMALL EVENT, I FEEL LIKE WE SHOULD BE ABLE TO WITHOUT THE NEIGHBORS, YOU KNOW, THINKING, OH, IT'S AN EVENT, IT'S A PEER SPACE, IT'S A BOOKING, YOU KNOW? SO I JUST WANTED TO POINT THAT IAN? YES, MR. IAN. YEAH. ONE, ONE LAST QUICK QUESTION ABOUT THE PHOTOGRAPHY AND FILMING ON A SINGLE FAMILY HOME IN SAN ANTONIO. CAN A HOMEOWNER RENT TO A MOVIE COMPANY TO DO A FOR A COMMERCIAL ENDEAVOR? THAT'S PART ONE, PART TWO. THE QUESTION IS, IF I, IF I OWN A HOME AND USE IT AS AN S D R AND THAT SAME PRODUCTION COMPANY WANTS TO USE MY HOUSE AS A BACKDROP FOR THE A A A COMMERCIAL FILM, IS THAT A VIOLATION? I JUST THINK THAT WE'RE GONNA BE HEARING MORE OF THIS IN THE FUTURE ON THESE REALLY BEAUTIFUL HOMES THAT MIGHT ALSO BE SDRS. I'M JUST CURIOUS IF THERE'S ANY OVERLAP IN ANY OF THE CODE. SO TO ANSWER THE FIRST QUESTION RELATED TO YOUR SINGLE FAMILY HOME, CERTAINLY YOU CAN HAVE A PHOTOGRAPHER COME OVER TO, YOU KNOW, TAKE PICTURES OF THE FAMILY THAT'S PERMITTED. WE DON'T HAVE ANYTHING IN THE CODE THAT EXPRESSLY PROHIBITS THAT LIKE WE DO IN THE SST R ORDINANCE. YOUR, OKAY, SO THERE IS NO OVERLAP. CORRECT. YOUR, YOUR OTHER QUESTION IF, IF I UNDERSTOOD IT IS WHAT IF SOMEONE IS FILMING OR WERE YOU SAYING IF THEY'RE FILMING OUT IN PUBLIC AND HAPPENED TO INCLUDE THE T R? WELL, I WAS, IS IS THAT, YOU KNOW, WE HAVE, WE HAVE THESE RULES, BUT THEN [02:40:01] YOU'VE HAD THE, THE TEXAS SUPREME COURT SAY THAT AN S T R IS REALLY A SINGLE FAMILY USE. AND SO I'M WONDERING IS THERE SOMETHING THAT'S ALLOWED IN A SINGLE FAMILY USE THAT MIGHT NOT BE ALLOWED AT AN S T R SUCH AS, UH, COMMERCIAL PHOTOGRAPHY, FILMING, THAT SORT OF STUFF? YEAH, SO CERTAINLY WE HAVE A LOCAL ORDINANCE THAT PROHIBITS THAT. WE ALSO HAVE WITHIN THE LAST TWO MONTHS, A WHAT FIFTH CIRCUIT RULING FEDERAL COURT DETERMINATION THAT SAID THAT, YOU KNOW, WHILE THEY MAY BE RESIDENTIAL USES, MUNICIPALITIES ARE ALLOWED TO, TO HAVE ADDITIONAL STANDARDS. THAT WAS THE RULING OUT OF THE NEW ORLEANS CHALLENGE, WHICH ACTUALLY SAID THAT AMONG OTHER THINGS YOU CAN HAVE DENSITY LIMITATIONS JUST LIKE SAN ANTONIO DOES. SO CERTAINLY I THINK THAT IT'S FOR ME. THANK YOU VERY MUCH. ALRIGHT, THANK YOU. THAT WOULD THEN CONCLUDE THE PUBLIC PORTION. UM, I'D ASK A, UH, MEMBER OF THE BOARD TO PLEASE MAKE A MOTION BRAGMAN MS. BRAGMAN, REGARDING CASE NUMBER BOA DASH 23 DASH 0 3 2. I MOVE TO THE BOARD OF ADJUSTMENT GRANT, THE APPEAL FOR THE PROPERTY SITUATED AT 2102 WEST KINGS HIGHWAY, APPLICANT BEING JANICE ARGON BECAUSE THE INFORMATION PROVIDED BY THE APPLICANT SHOWS THE CITY STAFF MADE AN ERROR IN REVOKING THE SHORT TERM RENTAL PR PERMIT. SECOND MOTION A SECOND FOR MR. MANA DISCUSSION. UM, WHILE I FEEL FOR THE APPLICANT, UM, I'M LOOKING AT THE MOTION AND SAYING DID THE STAFF MAKE AN ERROR IN REVOKING THE SHORT TERM PERMIT? AND I'VE NOT HEARD ANY TESTIMONY THAT SHOWS ME THAT THEY MADE AN ERROR. SO I WILL NOT BE IN SUPPORT OF THE MOTION. MR. MADAM. I CONCUR WITH MY COLLEAGUE ORIAN. MR. ORIAN? YEAH, I ALSO, UH, DO NOT SIDE WITH THE APPLICANT. I THINK, I DON'T THINK STAFF MADE AN ERROR, BUT I WOULD LIKE TO SUGGEST THAT IN THE FUTURE STAFF WARN S G R APPLICANTS ABOUT PEER SPACE. SO THANK YOU. OKAY, LET'S, UM, MOVE FORWARD WITH THE ROLL CALL VOTE. MS. BRAGMAN, I AM NOT IN SUPPORT. MR. MANNA. UH, I DO NOT SUPPORT THE APPEAL. MR. S SPILLMAN, I DO NOT SUPPORT MR. CODDLE. MR. MINCH, I SUPPORT MR. MENCHACA. DO NOT CONCUR, MS. HAYES? I DO NOT CONCUR. MS. CRUZ, I DO NOT SUPPORT MS. BROWN. I DO NOT SUPPORT MR. VASQUEZ. I DO NOT SUPPORT MR. OZUNA. I DO NOT SUPPORT CHAIR ORIAN. I DO NOT SUPPORT WITH THE COUNT OF 10 AGAINST AND ONE IN FAVOR. UNFORTUNATELY, THE MOTION APPEAL DOES NOT PASS. PLEASE GET WITH STAFF AND THEY'LL BE ABLE TO ASSIST. THE TIME IS 3 45. I SAY WE TAKE AN, UH, EIGHT MINUTE BREAK AND WE'LL BE BACK. THANK YOU. AND JUST, UM, THE TIME IS 3 55. THE BOARD OF ADJUSTMENTS WILL PLEASE COME BACK TO ORDER. THANK YOU. I'M GOING TO MOVE CASE NUMBER 11 AND CASE NUMBER 12. UP NEXT, UH, WE HAVE SOME OF THE BOARD MEMBERS THAT MIGHT BE LEAVING EARLY AND WANTED TO HAVE THE CASE, UH, CASES HEARD, AND THEN WE HAVE, UH, DISCUSSION ON THOSE CASES. SO LET'S PROCEED WITH CASE NUMBER 11, PLEASE. ALL RIGHT, GO AHEAD AND PULL UP THE SLIDE PLEASE. ALL RIGHT. UH, BO O A 23 1 0 3 0 0 1 67. APPLICANT BROWN MCDON, BROWN MCDONALD, UH, DISTRICT 2 1 0 7 HARDING ZONE, RMM FOUR. NEXT SLIDE. THIS PROPERTY ON, UH, APRIL 10TH AFTER A CONCERN WAS RECEIVED REGARDING THE STRUCTURE OF BEING CONSTRUCTED, CODE ENFORCEMENT INVESTIGATED LOCATION, UH, 1 0 7 HARDING FOR ENCROACHMENT ISSUE. STAFF AND CODE FOUND THAT THERE WERE THREE PERMITTED RESIDENTIAL UNITS BEING CONSTRUCTED IN AN RMM FOUR, WHICH ALLOWED UP TO FOUR UNITS AND STAFF POSITION. IT IS STAFF POSITION THAT THE PERMITS WERE ISSUED VALID BECAUSE THE SECTION 35 DASH FIVE 16 J UH, SETBACKS IN FRONTAGE PROJECTING ARCHITECTURAL FEATURES. THE UNITS HAD TWO STORY PROJECTING ARCHITECTURAL FEATURES CALLED, UH, JETTING OR OVERSELL THAT ALLOWED SECOND STORY TO OVERHANG INTO THE SETBACK BY TWO FEET, LEAVING THREE FEET FROM THE PROPERTY LINE. ON JUNE 5TH, 2023, THE BO O A AGREED WITH AN APP WITH AN APPEAL TO OVERTURN AN ADMINISTRATIVE OFFICIAL DECISION RELATED TO THE ISSUANCE OF THE BUILDING PERMIT ON 1 0 7 HARDING. AND THE PROPERTY OWNER IS NOW REQUESTING A VARIANCE TO ALLOW A THREE FOOT SIDE SETBACK. NEXT SLIDE. SO HERE YOU SEE FROM, UH, HARDING ON THE WEST SIDE, THE THREE, UH, THE THREE BUILDINGS. NEXT SLIDE TO THIS CURRENT STATE FROM THE REAR AND SURROUNDING AREA. [02:45:04] AND STAFF RECOMMENDS APPROVAL AT B O A 23 1 0 3 0 0 1 67 BASED ON FOLLOWING FROM THE FACTS DUE TO THE SIZE OF THE LOT AND PROPOSED SQUARE FOOTAGE OF THE STRUCTURE, AND IT WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. NEXT SLIDE. THESE ARE THREE, UH, OPPOSITIONS THAT RECEIVED IN, IN FAVOR. ONE OPPOSITION. THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION IS OPPOSED. AND WE RECEIVED 26 IN SUPPORT OUTSIDE OF THE 200 FOOT BUFFER. THE COMMENTS, THE PUBLIC COMMENTS ARE FOLLOWING, WE PAUSE RIGHT HERE REAL QUICK. THIS IS THE NEIGHBORHOOD ASSOCIATION RESPONSE. OKAY, GO AHEAD AND KEEP GOING. THAT CONCLUDES STAFF'S PRESENTATION. THANK YOU. LET'S SEE. THE APPLICANT IS, UH, READY FOR A PRESENTATION, SIR. UH, KEN BROWN WITH BRANDON MCDONALD, 100 NORTHEAST OF FOUR 10, SUITE 1385. UM, IF YOU'LL RECALL, UM, THIS WAS BEFORE YOU, I THINK AT YOUR LAST MEETING. UH, AND IT WAS BROUGHT TO YOU AS A STAFF INTERPRETATION. UM, WE WERE NOT INVOLVED AS A FIRM, UH, AT THE TIME. THEY ORIGINALLY SUBMITTED THEIR APPLICATION AND THEIR PERMITTING AND THEY HAD THEIR PRE-REVIEW OF THEIR, THEIR PROJECT. UH, I, I HAVE TO ADMIT, I, I THINK I WOULD'VE CITED WITH THE BOARD AND YOUR DECISION LAST TIME. UH, I DON'T THINK IT WAS AN ARCHITECTURAL FEATURE. I THINK, UH, THIS IS A VARIANCE REQUEST AND PROBABLY ALWAYS SHOULD HAVE BEEN. UM, UH, WE'RE CLEARLY, UH, ENCROACHING WITHIN THE SIDE YARD, UM, SETBACK. AND THAT'S WHY WE'RE HERE TODAY TO REQUEST A VARIANCE AND TO GO THROUGH THE FINDINGS OF FACT. UH, I THINK STAFF AND I NEED SOME TECHNOLOGY HELP. OR DO YOU HAVE MY PRESENTATION CAN CONTROL IT ON THERE. OKAY. WHAT DO I HIT THE ARROW UP JUST NEXT, I MEAN, DOWN IS NEXT SLIDE. OKAY. ALRIGHT. SO THE SITE, AS YOU ALREADY KNOW, IS ON HARDING, UH, NEAR ST. GERARD'S. UM, MY, THIS IS WRONG. I'M GOING TO, THIS IS WHAT WE INTEND TO BUILD. UH, AS YOU CAN SEE ON THE RIGHT SIDE, UH, THERE IS AN, AN ENCROACHMENT INTO THE SIDE YARD SETBACK. UH, WE BELIEVE IT IS A MINIMAL, UH, ENCROACHMENT, UH, IT IS REQUE. WE ARE REQUESTING A TWO FOOT VARIANCE, UH, FROM THE MINIMUM SIDE FIVE FOOT SIDE YARD SETBACK, UH, TO ALLOW A THREE FOOT SETBACK. UM, AND THAT IS FOR THE SECOND FLOOR, ONLY THE, THE BOTTOM FLOOR, UH, COMPLIES WITH THE SETBACK REQUIREMENTS. I'M GONNA PROBABLY HIT THE WRONG ONE EVERY TIME. NOPE. UM, UH, THE VARIANCE WOULD ALLOW FOR THE SECOND STORY OF THE TWO STORY GARDEN HOME TO BE BUILT ON THE SITE, UH, TO CANTILEVER TWO FEET INTO THE FIVE FOOT SETBACK. THIS IS THE SITE PLAN THAT SHOWS WHERE IT WOULD OCCUR. UH, THIS IS THE SIDE VIEW, UH, OF, TO THE WEST. UH, AS PART OF OUR FINDINGS, FINDINGS OF FACTS, I WANT YOU TO NOTICE WHERE WE PUT THE WINDOWS ON THE SECOND STORY. UH, THE SIZE, THE SHAPE, AND THE LOCATION OF THOSE WINDOWS WERE DESIGNED SO THERE WOULDN'T BE, UH, A, A LINE OF SIGHT INTO THE NEIGHBOR'S, UM, HOUSE. UM, SO TO GO THROUGH THE FINDINGS OF FACT, UH, WE DO NOT BELIEVE THAT THE VARIANCE IS CONTRARY TO THE PUBLIC INTEREST. UM, WE'RE PROVIDING NEW QUALITY HOUSING CONSISTENT WITH THE, THE CITY'S COMPREHENSIVE PLAN WOULD ALLOW INFILL DEVELOPMENT WILL IMPROVE THE VACANT LOT. UM, AS I SAID, THE SETBACK IS, UH, ON THE SECOND STORY ONLY, AND THERE ARE FIRE RATED WALLS TO BE USED ON THAT WEST SIDE. UH, NUMBER TWO, DUE TO THE SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN A NECESSARY HARDSHIP. AS THE STAFF POINTED OUT, THIS IS A VERY UNIQUE SHAPE LOT. UH, IT IS 50 FEET WIDE AND 155 FEET DEEP. UH, WE DID GO THROUGH THE PROCESS, AS I SAID, AND MET, YOU KNOW, THE PRE-DEVELOPMENT PROCESS, MET WITH STAFF, [02:50:01] UH, AND, UH, OBTAINED AN INTERPRETATION THAT WHAT WE WERE PROVIDING WAS, WAS ALLOWED. AND SO WE WENT THROUGH THE ENTIRE BUILDING PROCESS, PERMITTING PROCESS, UH, WHICH CAME TO YOU, UH, ULTIMATELY ON, ON THE LAST BOARD OF ADJUSTMENT HEARING ABOUT THE INTERPRETATION. AND AS I SAID, I, WE AGREE WITH YOU. THIS, THIS IS A VARIANCE REQUEST. UM, FINDINGS OF FACT NUMBER THREE. WELL, I'LL GO TO, I SHOULD HAVE NEVER DONE THIS. THAT IS THE SITE THAT IS THE ABUTTING PROPERTY OWNER. UH, THAT IS WHAT WE'RE PROPOSING. THOSE ARE THE WINDOWS THAT, THAT I WAS DIS DISCUSSING. THIS IS THE TIMELINE. UH, WHEN WE STARTED, UH, WHEN WE APPLIED FOR THE BUILDING PERMIT AND PAID THE FEES, WENT THROUGH THE REVIEW, AND ULTIMATELY CAME UP TO OUR, OUR LAST HEARING BEFORE YOU, UM, FINDING THE FACT NUMBER THREE. UH, BY GRANTING THE VARIANCE, WE STILL BELIEVE THAT WE'RE IN THE SPIRIT OF THE ORDINANCE. UH, AND SUBSTANTIAL JUSTICE WILL BE DONE. AS I SAID, WE'VE ASKED FOR A MINIMAL DEPARTURE. UH, AS A MATTER OF FACT, WHEN WE DID THE, THE PRE-DEVELOPMENT MEETING, UH, WE WERE ONLY SUGGESTING A ONE FOOT, UH, ENCROACHMENT. UH, BUT WE WERE TOLD THAT THIS WAS AN ADMINISTRATIVE, UM, DETERMINATION. AND SO WE SAID, THEY SAID WE COULD GO UP TO TWO FEET. SO WE REDESIGNED, AND THAT MEANT REDESIGNING THE, THE INTERIOR AND PUTTING THE STAIRS ON THAT SIDE. AND SO NOW WE HAVE A BUILDING THAT IS A LOT OF THE WAY BUILT. UM, BASED UPON OUR RELIANCE UPON THE, THE ORIGINAL INTERPRETATION, UM, WE DO BELIEVE THAT WHAT WE'RE DOING WILL ENHANCE THE NEIGHBORHOOD. AND, UH, WE BELIEVE THAT THE GRANTING OF THE VARIANCE WILL ALLOW SUBSTANTIAL JUSTICE TO BE DONE. UH, FINDING THE FACT NUMBER FOUR, THE VARIANCE WILL NOT AUTHORIZE A USE THAT IS NOT OTHERWISE ALLOWED. UH, WE ARE ZONED RMM FOUR. UH, THIS IS, THIS IS WHAT IS ALLOWED AS A MIXED USE WITH A GARDEN STYLE HOME, WHICH IS WHAT WE ARE DEVELOPING. AND SO WE ARE CONSISTENT WITH THE LAND USE FOR THE PROPERTY AND THE AREA. UM, FINDING OF FACT NUMBER FIVE, VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. UM, UM, WE DON'T BELIEVE THAT THE ABUTTING PROPERTY DOES CONFORM, UH, AS YOU CAN SEE, UH, FROM THIS SIDE. AND I THINK WE HAVE AN AERIAL THAT WAS SUPPOSED TO BE ON THIS SLIDE, BUT IT'S NOT. UM, THE ABUTTING PROPERTY HAS THIS STRUCTURE RIGHT ON THE PROPERTY LINE. THERE IS A STORAGE UNIT ON THE PROPERTY LINE. UM, ACTUALLY IF, WHEN WE GET TO I, I'LL JUST GET TO THE AERIAL AND WE CAN PICK OUT ALL THE CODE COMPLIANCE VIOLATIONS. UM, CONTINUING ON NUMBER FIVE, WE HAVE HAD, AS I SAID, UM, THE ENGINEERS HAVE DONE, UH, A CLEAR A, A VISION LAYOUT FOR THE SECOND STORY SO IT DOESN'T IMPEDE ON THE USE OF THE ABUTTING PROPERTIES, UH, USE. UM, AND ALSO ON NUMBER FIVE, CONTINUED. UH, WE HAVE HIRED AN ENGINEER TO, UH, REVIEW THE DRAINAGE PATTERNS ON OUR PROPERTY AND THEIR PROPERTY TO MAKE SURE THERE, THERE ARE NO DRAINAGE, UH, CONCERNS BASED UPON THE ENCROACHMENT. UM, AS I ALSO SAID, UH, THERE ARE FIRE RATED WALLS ON THAT SIDE. UH, WE BELIEVE THE ESSENTIAL CHARACTER OF AN RMM FOUR DISTRICT IS A MEDIUM HIGH DENSITY RESIDENTIAL, AND THAT WILL NOT BE, UM, ALTERED. FINALLY, NUMBER SIX. UH, WHAT IS IT? DO WHAT GO UP LINE. YEAH. OKAY. THERE YOU GO. OKAY. UM, WE DON'T, WE DO NOT BELIEVE THAT OUR PLIGHT IN, IN ASKING FOR THIS VARIANCE IS SOMETHING THAT WE CREATED OR THAT IT IS, UH, ECONOMICALLY MOTIVATED AT ALL, AS I SAID. AND THAT IS A LIST OF WHAT WE WENT THROUGH, UH, TO GO THROUGH TO MEET CODE COMPLIANCE AND TO BE COMPLETELY COMPLIANT ON THIS PIECE OF PROPERTY. AND WE RELIED ON EVERY MEETING AND EVERY PERMIT, UH, THAT THE, THAT THE STAFF AND THE CITY, UM, UM, GRANTED US. UM, DESPITE OUR EFFORTS TO COMPLY WITH ALL THE CITY'S CODE, UH, WE DO HAVE A NEIGHBOR WHO HAS BEEN VERY [02:55:01] AGGRESSIVE, UH, AND, UH, HAS BEEN ON OUR PROPERTY, HAS, UH, TALKED TO OUR, OUR CLIENTS. UM, UH, AS YOU CAN SEE, THAT IS FROM HIS PROPERTY, OUR PROPERTY THAT IS A LADDER, YOU KNOW, FROM HIS SIDE OF THE PROPERTY ONTO OUR PROPERTY. WE'VE BEEN TRYING TO ADDRESS ALL THE CONCERNS, AS I'VE STATED DURING THE FINDINGS OF FACT. UM, AND WE'VE DONE EVERYTHING TO MAKE THIS A, A COMPATIBLE, UH, PROJECT. UM, WE DID NOT GO THROUGH A ZONING PROCESS. THIS WAS ALREADY ZONED THE WAY IT IS. UH, WE WE'RE NOT ASKING FOR A ZONING CHANGE. UH, WE, WE ARE ASKING FOR CONSISTENCY DURING THE PERMITTING PROCESS, UH, WHICH WE, WE DIDN'T GET. UM, AS I STATED EARLIER, UH, WE HAVE SUPPORT. UH, WE HAVE 21 LETTERS OF SUPPORT, UH, 10 IN SUPPORT FROM INDIVIDUALS AND BUSINESSES WHO HAVE WORKED WITH THE APPLICANTS. UM, I'M GONNA STOP THERE AND IF WE HAVE TO DISCUSS WHAT WE HAVE BEEN THROUGH, I I DON'T REALLY WANT TO, AS FAR AS DEALING WITH OUR ABUTTING PROPERTY OWNER, UH, I THINK THAT WE HAVE SHOWN THAT WE MEET THE FINDINGS OF FACT THAT WE HAVE RELIED HOPEFULLY NOT TO OUR DETRIMENT, UH, ON THE STAFF'S PERMITTING OF THIS PRO PROJECT. WE'VE ADDRESSED THE CONCERNS OF COMPATIBILITY, UH, BETWEEN, UH, OUR PROPERTY AND THE ABUTTING PROPERTY. UM, AND I WOULD, UH, RESPECTFULLY REQUEST YOUR SUPPORT FOR THE VARIANCE AS AS, UM, AS PRESENTED TO YOU. THANK YOU. LET'S SEE IF WE HAVE ANY QUESTIONS FROM THE BOARD. CRUZ, UH, MR. ORIAN AND MR. MS. CRUZ. YEAH. SO FOR THE APPLICANT, UH, LOOKING AT GOOGLE MAPS, IT LOOKS LIKE, UH, THERE ARE SOME HOMES IN THE AREA, A NUMBER OF THEM THAT LOOK LIKE THEY'RE BUILT THREE FEET AWAY FROM THE PROPERTY LINE, WHICH WAS TYPICAL FOR A CERTAIN RANGE OF HOMES, UH, BUILT TO THE CITY. DO, IS THAT SOMETHING YOU CONCUR WITH? I, I WOULD CONCUR AS, AS YOU'RE GONNA FIND, UH, OUR CODE, WE DO UPDATE IT EVERY FIVE YEARS, BUT IT WAS ESSENTIALLY ADOPTED IN 1999. UM, AND WE HAVE HAD A LOT OF CHANGES IN, IN OUR HOUSING STOCK, AND YOU'RE GONNA FIND IN THESE NEIGHBORHOODS THAT THERE IS NO COOKIE CUTTER ANYMORE. UH, NOR SHOULD WE WANT THERE TO BE ONE. UH, BUT THERE IS NO COOKIE CUTTER. UH, AND SO WE'RE WELL WITHIN THE RIGHTS, UNDER THE, THE ZONING CODE. UH, AND WE WERE TOLD WE WERE WITHIN THE RIGHTS OF THE, OF THE SETBACK OR THE ENCROACHMENT. UH, BUT I DO THINK THERE ARE A LOT OF 'EM, UH, MR. ORIAN AND I DO THINK THAT YOU'RE GONNA SEE MORE OF THESE BECAUSE, UM, THERE'S JUST A DIFFERENT MODEL IN THESE NEIGHBORHOODS. THANK YOU, MS. CRUZ. ALRIGHT, THANK YOU. YES. UM, I'VE JUST GOT A QUESTION ON THE PICTURE THAT YOU'RE, YOU'RE LOOKING AT NOW. UM, HOW HIGH IS THAT FENCE BETWEEN YOUR PROPERTY AND THE NEXT DOOR NEIGHBOR? AND THAT IS A FENCE THAT WE PUT UP. AND THAT IS A SIX FOOT HEIGHT? YEAH. HEIGHT, YEAH. IT'S SIX FEET. OKAY. I JUST WANTED TO MAKE SURE. THANK YOU. YES, MA'AM. BRUCE, UH, I HAVE A QUESTION. SO, LAST TIME WHEN THIS CASE WAS BEFORE, THERE WERE A NUMBER ITEMS THAT THE NEIGHBOR BROUGHT UP ON ONE OF THEM WAS KIND OF THE WATERSHED COMING OFF THE ROOF. I THINK YOU'VE ADDRESSED THAT WITH THE WATER. YEAH, WE HAD, WE HAD AN ENGINEER LOOK AT THAT. OKAY. SECOND WAS KIND OF THE VIEW. HE DIDN'T WANT THE VIEWS FROM THE NEIGHBOR, FROM YOUR HOUSE STRUCTURE LOOKING AT HIS BACKYARD. THAT WAS PART OF OUR DESIGN ALWAYS. AND THAT'S WHY I SHOWED YOU THOSE SIDE VIEWS OF THE WINDOWS ARE SMALL. UH, IF YOU REMEMBER, THERE'S THREE STRUCTURES. WE TRIED TO PUT 'EM IN A PLACE WHERE THEY WEREN'T DIRECTLY LOOKING INTO A WINDOW OF THEIRS, BUT THEY'RE SMALL AND THEY'RE EITHER WAY UP OR THEY'RE DOWN. AND THEN THE EXTREME, THE HARDSHIP. IF YOU WERE HAVING TO COMPLY WITH THE, UH, UH, SETBACK REQUIREMENTS, COULD YOU SPEAK TO THE HARDSHIP ON THE PROJECT AND WELL, AND, AND, AND THE HARDSHIP NOT CREATED BY US? UM, IT, IT IS A UNIQUE SHAPE PIECE OF PROPERTY. AS I SAID, UH, IT IS SKINNY AND LONG. UM, AND SO, UH, THE HARDSHIP IS WHEN WE WERE TOLD THAT, YOU KNOW, WE COULD GO TO TWO FEET, WE REDESIGNED THE INTERIOR OF IT AND BUILT IT UNDER THE PERMITS, WE'D HAVE TO TEAR IT ALL OUT. UH, THAT ISN'T SOMETHING THAT WE CREATED. ALRIGHT, THANK YOU. ANY OTHER QUESTION FOR THE APPLICANT? MANNA MR. MANNA? SO, UM, I JUST WANNA CONFIRM. SO ON THE SECOND STORY, UM, ON THE SIDE FACING, UM, UM, MR. RIOS, UM, SO IS THERE ANY ROOF OVERHANG THERE AT ALL? SO, SO I GOT CONFUSING YOUR PICTURES 'CAUSE SOMETIMES THERE WAS A ROOF OVERHANG AND SOMETIMES THERE WASN'T. SO I JUST WANNA CONFER WHETHER OR NOT THERE'S A ROOF OVERHANG ON THAT SIDE. UH, THERE IS NOT THE, THOSE PLANS HAD BEEN UPDATED, UM, SINCE THAT ONE THAT WAS SHOWN. IT'S JUST THE, THE SECOND STORY. IT'S NOT THE ROOF HOVER HANG. OKAY. THANK YOU MR. MAYOR. UH, ANY OTHER QUESTIONS? NO, MS. BROWN. SO I, THE, WHERE'S THE APPLICANT? [03:00:03] IT DEPENDS. WHY DID, WHY DID YOU, YOU KNOW, TO ME THIS IS LIKE COMING TO ASK FOR FORGIVENESS INSTEAD OF PERMISSION. WHAT YOU BUILT A HOUSE THAT IS TOTALLY OUTTA CONTEXT WITH THE REST OF THE NEIGHBORHOOD AND UH, AND NOW YOU HAVE A OVERHANG OF WHATEVER IT IS OF THE SECOND FLOOR ENCROACHING ON SOMEONE ELSE'S PROPERTY AND YOU WANT THE VARIANCE FOR THAT? YES. OKAY. IF I CAN SLOW YOU DOWN, UM, THREE TIMES I'VE SAID WE BUILT THE HOUSE WITH A VALID PERMIT THAT WAS ISSUED BY THE CITY. OKAY. WE, WE DIDN'T JUST BUILD IT AND SAY, HEY, WHAT'S GOING ON NOW? UH, WE DON'T OVERHANG IN ONTO HIS PROPERTY. THERE IS A FIVE YARD, UH, FIVE FOOT SETBACK ON EACH SIDE YARD AND WE'RE TWO FEET INTO THAT. THERE'S STILL A THREE FOOT SETBACK. I'M SORRY. RIGHT, BUT WHY, WHY WOULD YOU BILL SOMETHING WITH A THREE FOOT VARIANCE INSTEAD OF THE FIVE I? THAT'S WHAT I DON'T UNDERSTAND BECAUSE, BECAUSE OF HOW SKINNY THE TRACK IS. AND WHY DIDN'T YOU GO BACK AS OPPOSED TO GOING UP? WE DIDN'T WANT TO USE A THREE STORY IN THAT NEIGHBORHOOD. IT WOULD'VE BEEN OUTTA CONTEXT. NO, NOT, NOT A THREE STORY. WHY DIDN'T YOU GO AND THE LENGTH OF THE, OF THE LOT. UM, I, WE DID, WE WE ARE ALL ALONG THAT SIDE ON ONE SIDE AND PUT THE ENTRANCE AND DRIVEWAY ON THE OTHER SIDE. ALRIGHT. IS THAT THE EXTENT OF THE QUESTIONS? THANK YOU. UM, ANY OTHER QUESTIONS FOR THE APPLICANT? HEARING NONE, UH, STAFF, DO WE HAVE ANYBODY FOR VOICEMAIL OR PUBLIC COMMENT? UH, YES. SO LET'S SEE. PUBLIC COMMENT. WE HAVE BRIAN NAVAREZ FOLLOWED BY CARLA ALVARADO. HOW MANY, HOW MANY PUBLIC COMMENT SPEAKERS DO WE HAVE SIGNED UP? SO I'M TRYING TO, WE HAVE NINE NINE. COULD WE LIMIT IT FOR TWO TO TWO MINUTES? TWO MINUTES? YEAH. TWO MINUTES. JOSEPH. GOOD AFTERNOON. MY NAME IS BRIAN AR WEIS, 2 9 0 7 B CAVE STREET. UH, I AM A SUBCONTRACTOR THAT WORKS WITH CARLA AND UM, I'LL BE RESPONSIBLE FOR DOING THE ROOF. SO I WAS, UH, JUST WANTED TO COME AND SPEAK ON CARLA'S BEHALF AND HER AND HER STAFF AND HER COMPANY AS A GENERAL CONTRACTOR AND DESIGNER. UM, VERY DETAIL ORIENTED, UH, PAYS ATTENTION TO SCOPES OF WORK, DOES HER DUE DILIGENCE. AND, UM, YOU KNOW, USUALLY IN, IN THE, IN THE BID PROCESS FOR MYSELF, UM, THERE'S A LOT OF DISCUSSION THAT GOES INTO, UH, YOU KNOW, THE, THE PRODUCT THAT SHE DELIVERS. SO, UM, I'M JUST HERE TO SAY I'M, I AM IN SUPPORT OF THE VARIANCE. THANK YOU. THANK YOU. CARLISLE ALVARADO, FOLLOWED BY MARIA CLARK. UM, MY NAME'S CARL ADO, BUT I GIVE MY TIME TO KENT. TO WHO? KENT EDGE. UM, MARIA CLARK, FOLLOWED BY STEVE SANDOVAL. I SUPPORT THE VARIANCE. ALL RIGHT. SO STEVE SANDOVAL FOLLOWED BY ESTABAN AND RODRIGUEZ. SIR, CAN YOU SPEAK UP A LITTLE BIT? DO YOU HAVE ANY PUBLIC COMMENT YOU'D LIKE TO CRY? DO YOU HAVE ANY PUBLIC COMMENTS TO MAKE, SIR? YEAH. UM, MS. OR, UH, ESTEBAN RODRIGUEZ, FOLLOWED BY JUAN RODRIGUEZ. I'M JUAN RODRIGUEZ, ISRAEL ENGINEERING, UH, 90 10 FM 9 76, CONVERSE, TEXAS. I'M HERE IN SUPPORT OF THE VARIANCE. I'M THE ENGINEER THAT WORKED ON THE DRAINAGE ASSESSMENT THAT WAS COMPLETED FOR THE SITE, EXCUSE ME. AND WE DID ASSESS THAT THERE IS FLOWS GOING THROUGH THE PROPERTY, BUT WE ARE PROPOSING TO HAVE A CHANNELIZED THROUGH S SWES, UH, WITHIN THE SIDE, WITHIN THE DRIVEWAY. IT GOES FROM BOTH SIDES OF THE RIGHT OF WAYS ON M L K, MARTIN LUTHER KING OR THE ADJACENT OR THE BOTTOM STREET HARDING. UH, THEY WOULD NEED TO HAVE S SWALES ON THE SIDE, SETBACKS SO THEY CAN CONVEY THE FLOWS. OBVIOUSLY TRYING TO NOT IMP UH, ENCROACH ANY FLOWS INTO THE [03:05:01] ADJACENT PROPERTY OWNER. AND, UH, ANY QUESTIONS IF YOU HAVE ANY? THANK YOU. DO YOU HAVE ANY QUESTIONS FOR MANNA? MR. MR. MANANO? SO, SO IS THE INTENT THEN TO MOVE THE WATER TO EITHER MARTIN LUTHER KING OR HARDING? YES, SIR. SO, SO IT DRAINS THE STREET THROUGH. OKAY. THANK YOU. YES, AND IT'S USING THE, THE LAY OF THE LAND OF HOW IT DRAINS. OKAY, THANK YOU. SO YOUR TESTIMONY IS THAT THERE'LL BE NO WATER SHEDDING TO THE NEIGHBOR'S PROPERTY IS MY TESTIMONY IS THAT IT WILL BE CONVEYED THROUGH THE PROPERTY AND, UH, SWELLED OUT. UH, CANNOT FOR SAY FULL, LIKE IT WILL NOT ENCROACH, BUT IT WILL DEFINITELY, IT'S TRYING TO ACCOMPLISH TO NOT HAVE ANY FLOWS INTO THE ADJACENT PROPERTY. THANK YOU, SIR. OKAY, NICE. THANK YOU. AND NEXT IS JUAN RODRIGUEZ, FOLLOWED BY JOSE MANDELA. ALL RIGHT. SO, NO, NO. JOSE MANDELA ALSO NO TATTOO. UM, BEN SHOOTING. BOMB. BOMB, SORRY. FOLLOWED BY MARIO RIOS. UH, HELLO, UH, I APPRECIATE THE TIME TO SPEAK HERE TODAY. UH, MY NAME IS BEN SCHOEN BAUM. I OWN THE PROPERTY ACROSS THE STREET AT, UH, ONE 10 HARDING. UH, I THINK THAT THIS TELLS YOU A LOT, UH, THAT THAT LADDER, I'M GUESSING IS NOT THE NEIGHBOR'S LADDER. I'M GUESSING THAT'S THE CONSTRUCTION LADDER, BECAUSE WHEN YOU HAVE A, UH, TWO FOOT OVERHANG INTO YOUR FIVE FOOT SETBACK, YOU DON'T HAVE ROOM TO WORK THERE. AND THEREFORE THEY NEED TO ENCROACH ON THE NEIGHBOR'S PROPERTY IN ORDER TO BUILD THIS. AND, UH, AS FAR AS THE CHARACTER OF THE NEIGHBORHOOD, I THINK THAT, UH, BUILDING THREE UNITS ON A SINGLE FAMILY LOT IS A BIT OF A CHANGE OF CHARACTER. UH, IN ADDITION TO THAT, IF YOU HAVE TO HAVE A TWO FOOT VARIANCE INTO YOUR FIVE FOOT SETBACK, I THINK MAYBE YOU'VE OVERBUILT YOUR LOT. UH, AND I, THERE'S ACTUALLY A PRETTY SIMPLE SOLUTION INSTEAD OF CANTILEVERING INTO THE SETBACK ABOUT IF THEY JUST SHIFT THE FLOOR AND CANTILEVER OVER THEIR DRIVEWAY. UH, AND THEN YOU ARE NOT ENCROACHING ON THE NEIGHBOR. UH, I, I, I FIND THAT TO BE SOMEWHAT DISRESPECTFUL OF THE NEIGHBOR, AND THEY HAVE NOT FRAMED THE SECOND FLOOR YET. THEY, THEY PUT THE FLOOR IN, BUT THERE, THERE'S NO COMPLETE WALLS ABOVE THAT. SO NOW IT WOULD BE A GOOD TIME TO DO IT. UH, AND THEY, UH, THIS IS, YOU KNOW, THIS IS PLANNED. IT'S IT'S NOT, OOPS, WE MADE A MISTAKE. SOMEBODY, SOMEBODY, A PROFESSIONAL, DECIDED THIS WAS A GOOD IDEA. AND I, I, I THINK THAT THIS WOULD BE A GOOD TIME TO FIX THIS PROBLEM. THANK YOU. ALRIGHT, NEXT, MR. MARIO RIOS. AND UH, JOSEPH, THERE'S A PRESENTATION, THE PUBLIC, YOU HAVE THOSE SLIDES, JOSEPH, A COUPLE OTHER PICTURES. UH, GOOD AFTERNOON, MEMBERS OF THE BOARD. I'M HERE AGAIN LIKE I WAS JUNE 5TH WHEN I ASKED YOU TO APPEAL THE CITY'S DECISION TO DEFINE THE SECOND STORY AS A ARCHITECTURAL FEATURE. NOT FOR WHAT IT WAS A LIVING STRUCTURE. UM, CAN I GET YOUR NAME PLEASE? OH, MARIO RIOS 1 0 1 HARDING. I AM THE ADJACENT NEIGHBOR. YEAH. THANK YOU. THAT IS MY LADDER. I DUNNO IF YOU SAW, I HAVE TWO KIDS. I'M A SINGLE FATHER. THEY KICK BALLS OVER. THERE'S NO OTHER WAY TO ACCESS THE YARD. AND EVERY NOW AND I HAVE TO THROW ONE OVER TO GET THEIR BALL. SO I OWN THAT. UM, WHERE WAS I? THE BUILDER AND THE CITY TALK ABOUT HARDSHIP TO THE BUILDER AND UNUSUAL CIRCUMSTANCES, AND I WOULD AGREE WITH THAT. BUT I WOULD ALSO GO FURTHER AND SAY, UH, THAT THESE CIRCUMSTANCES ARE A CONSEQUENCE OF BUILDER ERROR. THEY'RE HERE ASKING FOR FORGIVENESS, NOT PERMISSION, UH, FOR SOMETHING THAT'S ALREADY BUILT. UM, IF WE LOOK AT A COUPLE OF THE SLIDES I HAD SUBMITTED, ONE, THIS BILL DOESN'T JUST REQUIRE A VARIANCE ON THE SIDE SETBACK. THERE'S ACTUALLY EASEMENT ISSUES, WINDOW ISSUES. I'M A LITTLE NERVOUS, SO GIMME A SECOND. UM, THERE WAS A LITTLE BIT OF DISINGENUOUS INFORMATION FROM THE LAWYER OVER HERE. HE SHOWED YOU THE SIDE VIEWS, BUT HE NEVER SHOWED YOU THE BACK VIEWS THAT OVERLOOKED MY PROPERTY. AND THERE'S LARGE WINDOWS. HE'S SHOWING YOU THE SIDE AND THE STREET VIEW, BUT HE'S NOT SHOWING YOU THE BACK. AND THAT'S THE PROBLEM. IT'S BEING DISINGENUOUS ABOUT WHAT THEY'RE ACTUALLY DOING HERE. THE WINDOWS AS THEY SIT, AS THEY'RE BUILT AND FRAMED IN RIGHT NOW. I'M HOPING MR. LEOS CAN PULL THAT UP. THIS IS A, THIS IS SUPPOSED TO BE 10 FOOT EASEMENT BETWEEN THE BACK TWO BUILDINGS. WE HAVE FIVE FOOT TOTAL, SO THAT'S GONNA REQUIRE VARIANCE AS WELL. THE WINDOWS, IF YOU COULD SHOW THAT SLIDE ON THE FRONT SIDE. UH, NO. THERE'S ONE ON THE ROTATION FROM MY, FROM MY SIDE OF THE HOUSE. YEP. UH, MR. MECKLE SHOULD HAVE PUT IT IN THERE. LEMME SEE IF I CAN GIVE IT TO YOU. BUT ANYWAY, SO THERE'S, THEY WOULD [03:10:01] NORMALLY REQUIRE VARIANCE FOR THE WINDOWS THAT THEY HAVE IN PLACE ON MY SIDE, WHICH THEY DIDN'T SHOW YOU A PICTURE OF. HE SHOWED YOU THE SIDE AND THE FRONT, BUT HE IS NOT SHOWING YOU THE BACK THAT'S ACTUALLY OVERLOOKING MY PROPERTY. SO WE'RE GONNA NEED A VARIANCE FOR IN BETWEEN THE TWO BACK BUILDINGS. A VARIANCE FOR THIS SETBACK, A VARIANCE FOR THE WINDOWS ALREADY FRAMED OUT, UH, AMONG. AND I THINK THERE'S EVEN AN APPROACH, APPROACH ISSUE BECAUSE THERE'S A FIRE HYDRANT RIGHT NEXT TO THEIR APPROACH ON THEIR DRIVEWAY. SO THERE'S NOT GONNA BE ANY PARKING AVAILABLE ON THE STREET SIDE BECAUSE FIRE CODE REQUIRES 25 FEET IN EITHER DIRECTION OF THE FIRE HYDRANT. SO I THINK I'D LIKE THE, THE BOARD TO UPHOLD THEIR APPEAL THAT THE DECISION THEY MADE ON JUNE 5TH, OTHERWISE THEY'D BE GOING RIGHT BACK ON THE DECISION THEY MADE THAT DAY AND ALLOWING WHAT THEY DIDN'T ALLOW THAT DAY. AND SO WE TALK ABOUT FINANCIAL BURDEN. I THINK I'M BEARING MOST OF IT. UH, I'M HERE ON MY DAYS OFF. EXCUSE ME, I'M HERE WHEN I'M SUPPOSED TO BE WORKING. I HAVE TO BRING MY KIDS ALONG. 'CAUSE LIKE I SAID, I'M A SINGLE FATHER. UM, THIS IS GONNA CAUSE DAMAGE TO MY PROPERTY THREE TIMES OVER. ON TOP OF THAT, MY PROPERTY IS R M FOUR. IF I EVER WANTED TO DEVELOP MY PROPERTY AND BUILD TWO HOUSES ALONG THE BACKSIDE IN MY LOT, MY UNIQUE CIRCUMCISED, EXACT SAME LOT, THEY WOULD BE ENCROACHING ON MY BUILD, WHICH IS WHAT I PLAN TO DO. I'VE ALREADY GONE TO MEDCOM, WHICH DOES CONTAINER BUILDS. AND SO I HAVE PLANS IN EFFECT TO BUILD, UH, UNITS IN MY BACKYARD AS WELL. AND SO THEIR THREE FOOT WOULD ENCROACH ON NOT ONLY MY CURRENT ON THE FRONT SIDE, BUT ANY FUTURE BUILD THAT I WANTED TO BUILD AS WELL. SO AGAIN, WE'RE NOT HERE FOR FORGIVENESS. I MEAN, WE'RE NOT HERE FOR PERMISSION. WE'RE HERE FOR FORGIVENESS. AND I'M JUST, I'M REALLY AT, AT, AT, AT A LOSS FOR, YOU KNOW, WHAT THEY'RE TRYING TO DO HERE. SO I'M JUST HOPING THE BOARD UPHOLDS THEIR CURRENT DECISION, THE ONE THEY MADE IN JUNE 5TH, AND I THINK THE ONE MR. ORION SAID THEY MADE LAST SEPTEMBER, LAST NOVEMBER REGARDING THE SAME ISSUES. THAT'S ALL I HAVE. THANK YOU, SIR. QUESTION, ANY QUESTIONS FOR THANK YOU. ANY OTHER SPEAKERS SIGNED UP? WE DO HAVE ONE VOICEMAIL THAT WE NEED TO PLAY. OKAY. ALRIGHT. MY NAME IS ALBERTO . UH, MY ADDRESS IS ONE TWENTY TWO HARDING CLAY. UM, PHONE NUMBER IS ERICA (512) 351-6590. UH, I'M CALLING ABOUT REGARDING THE CASE 0 1 6 7. UM, UH, THE ISSUE WITH THIS, UH, UH, WITH THIS, UH, UH, PROPERTY, THE RETENTION BUILDING LOAD, YOU SHOULD NOT, UH, UH, BILL ANYTHING OVER THAT HAS, UH, A BUSINESS, UH, UH, AND ALL THE EASEMENTS, YOU KNOW, SHOULD BE COMPLY WITH THE REGULATIONS THAT ALREADY EXIST. UH, AND THE ONLY REASON IS FOR A SAFETY ISSUES. YOU KNOW, WHEN IT COMES TO FIRE, UM, THE SMOKE, UH, ESPECIALLY IF THE HOMEOWNER, UH, NEXT DOOR DECIDES TO PUT A A A A A FIREPLACE, UH, IS THE, YOUR NEXT, UH, NEIGHBOR IS NOT GONNA COMPLY BECAUSE ALL YOUR, YOUR CHIMNEY, UH, FLU, IT HAS TO BE 10 FEET AWAY FROM ANY STRUCTURE. UH, SO HAVING THE TWO FEET, UH, OF THE STRUCTURE IN THE EASEMENT IS GOING TO, UM, UH, UH, KEEP THE, THE, UH, OWNER IN THIS DOOR FROM BUILDING HIS, UH, FIREPLACE. UH, SO IF YOU HAVE ANY QUESTIONS, JUST GIMME ME A CALL. ERIC. CODE IS 5 1 2 3 5 1 6 5 9 0. NO, THAT'S ALL THE PUBLIC COMMENT. ALRIGHT. UH, ORIAN, MR. ORIAN. OKAY. SO SOME QUICK QUESTIONS. THIS, THIS PROJECT WAS INITIATED PRIOR TO JANUARY 1ST, SO THE STRUCTURES CAN BE SEPARATED, CORRECT? THAT'S FOR STAFF, CORRECT. OKAY. AND THEN, UH, IS THERE, THEY'RE DOING THIS ALL IN ONE LOT, RIGHT? CORRECT. SO THERE IS NO SETBACK REQUIREMENT BETWEEN THE BUILDINGS. THEY CAN BE PRETTY CLOSE TO EACH OTHER AS LONG AS THEY'RE FIRE RATED WALLS, IS THAT CORRECT? THAT'S NOT A ZONING ISSUE. UM, LUDER PERMITTING DATE, THIS IS, I'M GONNA HOP IN ON THAT ONE. MERKO, THIS IS RACHEL PARRISH. I'M OVER THE PLAN REVIEW DIVISION. UM, UH, AS FAR AS THEM BEING ON ONE LOT, YOU'RE CORRECT, THEY DON'T HAVE SETBACK ISSUES. THEY HAVE FIRE SEPARATION ISSUES, WHICH WE HAVE ADDRESSED. YEAH, THAT'S WHAT I WAS THINKING. AND THEN CAN THE ENGINEER COME BACK UP? I BELIEVE HIS NAME IS JUAN. IT WAS, HE WAS A SPEAKER. IS, UH, HE'S STILL IN THE GALLERY RIGHT HERE. HE'S HELLO SIR. SO, UH, YOU MADE A, YOU MADE A REMARK ABOUT, UH, WE HEARD COMMENTS ABOUT EASEMENTS. ARE THERE ANY INTERNAL EASEMENTS OTHER THAN THE 10 FOOT ALONG THE, ALONG THE PUBLIC ROAD, HARDING AND, AND, UH, MARTIN LUTHER KING, IS THERE ANY INTERNAL EASEMENTS THAT ARE GONNA POSE ANY CONFLICTS? NOT TO MY KNOWLEDGE, SIR. OKAY. I JUST WANTED TO PUT THAT OUT THERE. THANK YOU VERY MUCH. [03:15:01] THANK YOU. I HAVE A QUESTION FOR STAFF AS WELL. UM, ARE THERE ANY OTHER VARIANCES EITHER, UM, SIDE OF, UH, WHAT IS IT CLEAR VISION OR ANY OTHER VARIANCES TO, TO, UH, HAVE ALL THE, UM, NEEDED VARIANCES TO MAKE THE PROJECT GO FORWARD? NO, OTHER THAN THE, UH, SUBJECT SETBACK, NONE WERE OBSERVED ON THEIR PLANS OR WHEN WE DID A SITE VISIT. THANK YOU. ANY OTHER QUESTIONS FOR STAFF OR MANNA? MANNA? SO THIS FOR STAFF TOO. I'M, I'M A LITTLE CONFUSED WITH REGARDS TO, UM, I GUESS THE PERMITTING PROCESS. AND THERE WAS DISCUSSIONS ABOUT, UM, I GUESS WHY THE BUILDING IS WHERE IT IS RIGHT NOW. AND SO IF YOU COULD WALK ME THROUGH HOW I GUESS IT WAS PERMITTED TO BE STARTED WITHIN THAT FIVE FOOT RANGE, JUST SO THAT I HAVE THAT UNDERSTANDING. SO STAFF MADE A, A, UH, DECISION THAT THE PROJECTION WAS NOT, UM, PART OF THE SETBACK, UM, BASED ON A CASE THAT WE MADE FOR THE APPEAL ON THE LAST MEETING. UM, SO THAT'S WHY ESSENTIALLY THEY WERE PERMITTED TO START BUILDING, UM, HOWEVER THE BOARD OF ADJUSTMENT REVERSE OUR DECISION. UM, IS THAT, IS THAT WHAT YOU WERE ASKING ABOUT, SIR? RIGHT. AND SO THE SO LOWER SECTION'S FIVE FEET AWAY, AND SO THAT'S NOT, THAT'S NOT UP FOR DISCUSSION, BUT BECAUSE THE, THE BUTTRESS IS OUT BY TWO FOOT, THAT'S REALLY WHAT WE'RE TALKING ABOUT HERE. THAT'S WHAT, WHERE CORRECT. THAT'S WHAT THE REQUEST FOR THE VARIANCE IS. YES. OKAY. JUST WANTED TO CLARIFY OR JUST FOLLOW THROUGH WITH THAT. ANOTHER QUESTION FOR ST. STEPH. CAN WE GET A REAR ELEVATION PICTURE TO SEE WHERE THOSE REAR WINDOWS ARE? I'M NOT SURE IF THE, DID THE APPLICANT HAVE THAT ON THEIR PRESENTATION FOR THE WINDOWS? THAT MAY HAVE BEEN IN THE LAST, UH, IT WAS IN THE PRESENTATION TWO WEEKS AGO OR THREE WEEKS AGO. SO I DON'T KNOW IF WE HAVE ACCESS TO THAT. IF THEY DON'T HAVE IT, IF THEY FRAMED THAT, IF THEY REFRAMED IT OR THAT'S THE SHOW BACK. IT DID SHOW THE BALCONY AND THE WHOLE SETUP WITH THAT. SO I KNOW THERE'S A COUPLE PICTURES THAT DID SHOW THAT. PAGE 14. IS THERE ARE ANY OTHER QUESTIONS WHILE WE'RE PULLING THAT UP? ANY OTHER QUESTIONS AT THIS POINT? I'D LIKE THE APPLICANT, UH, TO COME FORWARD, UH, PROVIDE ANY REBUTTAL TO ANY OF THE COMMENTS THAT YOU'VE HEARD BOTH FROM THE PUBLIC AND THE SPEAKERS SIGNED UP? UM, I, I HAVE ASKED, UH, STAFF TO PULL UP AN AERIAL OF OUR SITES, OF OUR TWO LOTS. UM, COULD YOU HELP US ALSO WITH, UH, IDENTIFYING LIKE OTHER THREE FOOT VARIANCE, UH, PROPERTIES IN THE IMMEDIATE AREA? IF YOU COULD SEE 'EM FROM THE, I I DON'T HAVE IT FROM HERE. OKAY. UM, SO THIS IS THE MOST RECENT AERIAL AND IT SHOWS, UH, IT SHOWS THE BUILDINGS. UM, AND IT'S, I DON'T LIKE TO BE CALLED DISINGENUOUS. UH, I MEAN, HE, HE CAME UP HERE AND SAID THAT THERE ARE A NUMBER OF VARIANCES THAT WE NEED AND WE DON'T. UH, BUT LET'S LOOK AT HIS PROPERTY. OKAY. IF THAT'S WHAT WE'RE GONNA DO. HE HAS A CARPORT THAT'S RIGHT ON THE PROPERTY. COULD YOU, COULD YOU USE POINTER? UM, SURE. IT'S THE BLUE THING ON THE BOTTOM. HE HAS A, A CARPORT THAT'S RIGHT ON THE PROPERTY LINE. HE HAS A STORAGE SHED RIGHT ON THE PROPERTY LINE. IT LOOKS LIKE HE HAS AN ACCESS THAT GOES RIGHT INTO THE INTERSECTION OF THE CROSSWALK THAT CAN'T BE ALLOWED. HE BUILT A FENCE ON THE BOTTOM LINE DOWN HERE THAT IS A VIOLATION OF, OF THE SIGHT LINE ISSUE OF, OF A, A TURN ONTO THAT STREET. SOMEHOW HE KNOWS OUR VIOLATIONS, BUT HE CAN'T SEE HIS OWN. OKAY. UH, I JUST DON'T YOU USE THE LASER POINTER. I I, I AM SORRY. I'M REALLY FRUSTRATED. I'VE NEVER DONE THIS IN MY LIFE. UH, I THOUGHT HE WOULD BE HONEST, BUT THAT WAS NOT GONNA HAPPEN. GONNA HAPPEN. SO THAT'S THAT SECTION THAT'S, THAT LOOKS LIKE HE'S GOT OUTDOOR STORAGE. THAT'S DIRT. IT'S SUPPOSED TO BE PAVED. THAT IS AN ENTRYWAY RIGHT AT THE CORNER THAT'S NOT ALLOWED. AND HERE'S WHERE HE PUT A FENCE RIGHT UP TO THE CORNER WHERE YOU CAN'T SEE, YOU CAN'T GET OUT, UH, WITHOUT ENDANGERING SOMEBODY. UH, SO HE IS ALL ABOUT HEALTH, SAFETY, YOU KNOW, BUT HE, IT ONLY APPLIES TO OUR PROPERTY. OKAY. UM, CAN YOU PULL UP THE LAST SLIDE WITH THE VIDEO THAT WE HAVE OF HIM? I'VE NEVER DONE THIS IN MY LIFE AND I'M SORRY. I HAVE TO DO IT. I'M GLAD I ASKED HIS KIDS TO LEAVE. UH, BECAUSE HE, HE HAS BEEN VERBALLY ASSAULTING MY CLIENT FOR THE LAST SIX MONTHS. I DON'T CARE. THEY CAN STOP ME THEN. YOU CAN STOP ME. IT'S, IT'S PETTY PETTY. SIR, KEEP IT QUIET. UNLESS YOU'RE BEING ADDRESSED BY THE BOARD, PLEASE. I'M BEING ADDRESSED BY THIS JUDGE. NO, SIR. I'M NOT TALKING. IF YOU CAN'T KEEP QUIET, PLEASE GO OUTSIDE. OKAY. APPLICANT, IF YOU COULD ADDRESS YOUR COMMENTS TO THE BOARD, I WOULD APPRECIATE IT. I AM. THANK YOU, SIR. IT'S NOT GONNA QUITE OKAY. [03:20:01] SO WE'VE HAD THE POLICE OUT THERE TWO OR THREE TIMES. HE DROPS THE F-BOMB EVERY SINGLE TIME. AND THE LAST TIME HE SAID HE IS GONNA POST PORNOGRAPHIC MATERIAL ON HIS, ON HIS, UH, WALL OR FENCE SO THAT WHEN WE'RE TRYING TO, UM, SELL THESE HOUSES, NOBODY WILL BUY 'EM BECAUSE THERE'S PORNOGRAPHY ON HIS, ON HIS SIDE OF THE PROPERTY. THAT'S WHAT WE'RE DEALING WITH. HE COMES UP HERE AND HE SAYS, WE HAVE ALL THESE VIOLATIONS THAT WE DON'T. HE ASKS, HE SAYS THAT WE'RE ASKING FOR FORGIVENESS. WE'RE NOT. WE CAME DOWN TO THE CITY. THE CITY HAS ALREADY TOLD YOU THAT WE DID EVERYTHING THAT WE WERE SUPPOSED TO DO, AND THEY, THEY MADE AN INTERPRETATION OF THE CODE THAT YOU GUYS DIDN'T AGREE WITH. AND I, I QUITE FRANKLY DON'T EITHER AT THIS POINT. UH, AND SO THAT'S WHY WE'RE BACK HERE AS A VARIANCE. UH, I APOLOGIZE FOR THIS. UH, YOU KNOW, I I I I AGREE. I DON'T BELIEVE, UM, THAT IT HAS BEARING ABOUT WHAT, HOW, WHAT HE'S PUT MY CLIENTS THROUGH. BUT I CAN'T LET YOU THINK HE'S A CHOIR BOY UP HERE. YOU KNOW, HE COMES WITH HIS TWO PROP CHILDREN. ARE YOU SERIOUS, SIR? I'M SAYING FATHER STAFF, COULD WE, CAN WE JUST, CAN WE JUST REMOVE HELLO CHILDREN, PROPS. WE CAN HAVE YOU, UH, WALK OUTSIDE. THANK YOU, SIR. APPRECIATE IT. CHAIR, STEP OUTSIDE. DARE YOU ALLOW THIS B******T CHAIR. CAN WE JUST STICK TO THE FACTS OF THIS CASE? THAT'S WHAT WE DID. THIS IS, I THINK THIS IS PERTINENT TO THE CASE. THIS IS ABSOLUTELY PERTINENT AS TO WHAT THERE, THIS IS, YOU KNOW, THIS IS ABOUT HIS CASE, NOT THIS THIS GENTLEMAN THAT JUST WALKED OUT, BUT HE, HE, IT'S ABOUT YOUR CASE. THAT'S FINE. ALL I WANNA SAY IS THAT'S WHAT WE'VE BEEN DEALING WITH. YOU HAVE THESE TWO, I BELIEVE, COURAGEOUS WOMEN THAT ARE ACTING AS THE OWNER. THEY'RE ACTING AS A DEVELOPER. THEY'RE ACTING AS A CONTRACTOR AND THEY'RE TRYING TO DO SOMETHING THAT IS SOMETHING GOOD FOR THE NEIGHBORHOOD. AND THAT'S WHAT WE'VE BEEN DOING. THAT'S WHAT WE'VE BEEN DOING. AND IT'S NOT JUST ON THIS PROPERTY. THEY HAVE ANOTHER PROPERTY THAT IS THE NEXT ITEM. AND HE'S BEEN DOING THE SAME THING ON THAT PROPERTY. WE'VE HAD THE POLICE OUT FOUR TIMES. I'M THE, I DIDN'T SPEAK BECAUSE I'M SCARED OF HIM. SHE DOESN'T EVEN GET HER CONSTITUTIONAL RIGHT TO ADDRESS YOU BECAUSE SHE'S AFRAID OF HIM. SHE IS ABSOLUTELY AFRAID OF HIM. AND I DIDN'T WANT, I DIDN'T WANT TO DO THIS, BUT I KNEW HE'D BLOW UP. THANK, LET'S SEE IF WE HAVE ANY, UH, QUESTIONS. MANNA, PLEASE. UM, SO THE QUESTION I HAVE, SO THOSE ARE THE REPORTS. SO THE QUESTION I HAVE IS, UH, THERE'S DIALOGUE WITH REGARDS TO, UM, UM, HE HAD DIALOGUE WITH REGARDS TO HIS INTENTIONS ON THE PROPERTY ITSELF. AND SO THIS MAY BE A QUESTION MORE FOR THE CITY. UM, SO, SO IF WE GRANT THIS REQUEST, WHAT RESTRICTIONS DOES THAT PUT ON HIS WITH REGARDS TO HOW CLOSE HE COULD BUILD TO THE PROPERTY LINE? IT DOES NOT AFFECT HIS PROPERTY. SO IF HE WISHES TO COME IN AND BUY FOR A THREE FOOT VARIANCE, WOULD THAT BE PERMITTED? THAT WOULD BE UP TO THE BOARD OF ADJUSTMENTS. BUT IF IT, BUT, UM, I GUESS, BUT IS THERE ANY VIOLATIONS OUTSIDE OF, THERE'S LIKE A FIVE FOOT REQUIREMENT, RIGHT? SO THAT'S, THAT'S ANY CLOSER THAN FIVE FOOT STARTS TO BECOME A BIGGER PROBLEM, RIGHT? IF I UNDERSTAND CORRECTLY, BETWEEN BUILDINGS ON NEIGHBORING PROPERTIES, ARE YOU REFERRING TO THE FIRE CODE? YES. SO, UH, IF THE NEIGHBOR CAME IN AND GOT THE SAME VARIANCE, THEY WOULD BE REQUIRED TO RATE IT THE SAME WAY THAT THIS APPLICANT IS. IT HAS NOTHING TO DO WITH, UM, HOW CLOSE THIS ONE IS. UM, BECAUSE WHENEVER YOU HAVE TWO PROPERTIES NEXT TO EACH OTHER, THE FIRE SEPARATION IS NOW THE PROPERTY LINE. SO REGARDLESS OF IF HE IS AT THE FIVE FEET, THEN HE CAN PROCEED AS NORMAL. DOES THAT MAKE SENSE? ORIAN? GO AHEAD, MS. JIAN. YEAH, I JUST WANTED TO CHIME IN THAT IF THE NEIGHBOR WANTED TO BUILD MULTIPLE UNITS ON HIS PROPERTY, THEY WOULD ALL HAVE TO BE ATTACHED UNDER ONE ROOF. HE WOULDN'T BE ABLE TO BUILD THEM AS INDEPENDENT. SO HE, HE WOULD NEED TO BE AS CLOSE BECAUSE HE COULD GET A SQUARE FOOTAGE WITHOUT HAVING A SEPARATION LOSS? THAT IS CORRECT. 'CAUSE THE CODE PASSED AFTER, UM, WELL, IT'S CURRENT TODAY. THAT'S CORRECT. SO HE, IF HE WERE APPLYING TODAY, THEN YES, HE WOULD HAVE TO COMPLY WITH THE NEW REGULATIONS AND, AND IF HE ATTACH IT TO HIS EXISTING BUILDING, WOULD THE CITY LOOK AT HIS EXISTING BUILDING FOR COMPLIANCE AS WELL? IT WOULD, UH, THEN HAVE TO COMPLY WITH THE EXISTING BUILDING CODE OF THE CURRENT YEAR. YES. SO, YEAH, SO HE, IT'D BE A QUITE AN ENDEAVOR FOR HIM TO PURSUE SUCH A, YOU KNOW, SUCH A PROJECT, BUT YOU KNOW, HE HAS A RIGHT TO DO IT. WELL, I, SO JUST TO FOLLOW UP ON MY QUESTION THEN. I'M SORRY. UM, SO, SO, SO JUST TRYING TO UNDERSTAND TO MAKE SURE YOU KNOW, THAT, THAT, YOU KNOW, IF WE WERE TO MOVE FORWARD WITH THIS AND HE COULD PURSUE THIS AS WELL AND, AND POSSIBLY OBTAIN THE SAME VARIANCE AS BEING PROVIDED ON THE NEIGHBORING LOT AND, AND BUILD AS CLOSE AS THE CURRENT ONE IS SUGGESTING AND, AND REQUIRE THE PHONE, THE FIRE AND EVERYTHING ELSE, BUT IT WOULD STILL BE ALLOWED, CORRECT. AT Y'ALL'S DISCRETION? [03:25:01] YES. OKAY. THAT'S WHAT I WANTED TO KNOW. SO I HAVE A FOLLOW-UP QUESTION FOR THE APPLICANT. SO, YOU KNOW, THE DISCUSSION REGARDING THE LADDER, I MEAN, YOU DO NOT NEED TO ENCROACH ON THE NEIGHBOR'S PROPERTY TO COMPLETE THE PROPOSED IMPROVEMENTS ON YOUR PROPERTY. I DO NOT. OKAY. THANK YOU. THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT? THERE ARE NONE THAT WOULD CLOSE THE PUBLIC PORTION. I WOULD ASK A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION BRAGMAN MS. BRAGMAN, REGARDING CASE NUMBER BO O A DASH 23 DASH 0 3 0 1 6 7. I MOVE TO THE BOARD OF ADJUSTMENT, APPROVE A REQUEST FOR A TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW THREE FOOT SIDE SETBACK ON THE WESTERN PROPERTY LINE, SITUATED AT 1 0 7 HARDING PLACE, APPLICANT BEING BROWN AND MCDONALD, P L L C. BECAUSE A TESTIMONY PRESENTED TO US AND THE FACTS WE HAVE DETERMINED SHOWED THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH SHALL 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 THAT GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE APPLICANT IS REQUESTING A VARIANCE TO THE SIDE SETBACKS TO ALLOW STRUCTURE TO BE THREE FEET FROM THE SIDE PROPERTY LINES, WHICH IS NOT CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT BUILDING THE STRUCTURE OF FIVE FEET FROM THE SIDE PROPERTY LINES, WHICH RESULT IN AN UNNECESSARY HARDSHIP OF THE STRUCTURE WOULD HAVE TO BE TO, WOULD HAVE TO HAVE REDUCED THE SQUARE FOOTAGE, WOULD HAVE TO REDUCE THE SQUARE FOOTAGE TO MEET THE SIDE THE 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 IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE STRUCTURE WOULD BE THREE FEET FROM SIDE PROPERTY LINES, WHICH OBSERVES THE SPIRIT OF THE ORDINANCE DUE TO THE SIZE OF THE LOT, A PROPOSED SQUARE FOOTAGE OF THE STRUCTURE. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE STRUCTURE WILL BE THREE FEET FROM THE SIDE PROPERTY LINE DUE TO THE SIZE OF THE LOT AND THE PROPOSED SQUARE OF FOOTAGE IN THE STRUCTURE AND WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY AT WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY, OF WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND OF MOTION. I GET A SECOND. SECOND, MR. MS. BRAGMAN DISCUSSION PLEASE. YES, I'LL BE IN SUPPORT OF THE MOTION. I THINK THAT THE APPLICANT HAS, UH, GONE THROUGH ALL THE NECESSARY STEPS, UH, TO PROVIDE SAFETY, UH, TO THE NEIGHBOR OF THE FIRE RATING. ON THE SECOND STORY, UH, I THINK ADDRESSES THE ISSUES, UM, THAT, UH, IT WAS ONE OF THE CONCERNS THAT SOME OF THE COMMISSIONERS HAD. UH, THE FACT THAT THIS IS A VERY NARROW LOT, UM, GIVES VERY LITTLE ROOM TO, UM, PUT IN A MARKET MARKETABLE PROPERTY. UM, AND THEN ALSO, UM, JUST THE FACT THAT THE INITIAL, UM, REQUEST THAT THEY MADE WAS APPROVED BY THE CITY. UM, WHETHER AN ERROR OR NOT AN ERROR, THEY OBVIOUSLY WENT ON GOOD FAITH THAT THEY WERE, UH, BUILDING CORRECTLY. UM, SO I'LL BE IN SUPPORT MR. MADDEN. UM, I CONCUR WITH MY COLLEAGUE. UM, I'D LIKE TO ADD A COUPLE OTHER THINGS AS WELL. UM, SO ONE IS, YOU KNOW, I I I, I WAS ONE OF THE ONES THAT VOTED IN OPPOSITION, I GUESS FOR THE WHOLE PARAPET BEING PART OF THE BUILDING. AND SO, AND SO I I STILL BELIEVE FIRMLY BELIEVE THAT DIALOGUE ITSELF. UM, BUT, BUT REGULARLY WE TALK ABOUT, YOU KNOW, UM, UM, EASEMENTS AND, AND THIS IS NOT UNCOMMON, YOU KNOW, IN THIS AREA AS WELL AS JUST AROUND, IN AND AROUND SAN ANTONIO. AND SO, SO IT'S NOT UNCOMMON FOR ME. AND THEN THE THIRD THING IS THAT, YOU KNOW, IT IS FIVE FEET ON THE BOTTOM. AND SO, SO IT ACTUALLY IS KIND OF A NICE, UH, DISTANCE THERE ON THE BOTTOM, YOU KNOW, AND THE, AND THE UPPER, THE UPPER PART IS REALLY WHERE WE'RE TALKING ABOUT. AND THEN FINALLY, YOU KNOW, JUST TO REITERATE, YOU KNOW, IT, IT DOES ALLOW THE OTHER PERSON TO DEVELOP HIS PROPERTY, YOU KNOW, WITH THE SAME RESTRICTIONS BASICALLY. SO I'LL BE SUPPORTING THIS. THANK YOU. ANY OTHER DISCUSSION? AND I'M JUST, SORRY, IF I COULD JUST ADD, UM, THEY HAVE HAD THE PROPERTY ENGINEERED AS WELL TO MAKE SURE THAT IT DRAINS AWAY FROM, UM, THE PROPERTIES. AND SO I THINK THEY'VE DONE A LOT OF DUE DILIGENCE, UH, IN PUTTING THIS PROPERTY TOGETHER. MR. MANCHACA, UH, THANK YOU THAT, THAT'S WHAT I WAS GONNA SAY. RAGMAN JUST TOOK MY THUNDER AWAY ON THAT ONE. YES, I WAS GONNA COMPLIMENT THE ENGINEER FOR THE WORK HE'S DONE. AND I'M SORRY, THE DELAY IN PRODUCTION. YOU'VE [03:30:01] DONE DUE DILIGENCE ON THIS, THE PROJECT. THANK YOU. MY ONLY COMMENT WOULD BE IN REGARDS TO THE HEIGHT, UM, YOU KNOW, THE, THE, THE HEIGHT IS THE HEIGHT. I MEAN, THAT'S ALLOWED WITHIN THE ZONING DISTRICT. AND SO WHETHER IT LOOKS OVER THE NEIGHBOR, THAT'S NOT, UH, AN ISSUE WITH THE SETBACK. THAT'S JUST THE VARIANCE. I MEAN, THE ZONING DISTRICT ALLOWS FOR THE HEIGHT. SO TO ME THAT'S A NON-ISSUE. ANY OTHER, I HAVE A COMMENT. DID, DID I HEAR THE NEIGHBORHOOD ASSOCIATION DID NOT SUPPORT THIS PROJECT? DID I HEAR THAT SOMEWHERE? I I WOULD, THAT WE, WE CLOSE THE PUBLIC PORTION. SAY THAT, SAY THAT ONE MORE TIME. UH, IT WAS IN, I I'M, ONE MORE TIME. I'M SORRY. DID I HEAR THAT THE NEIGHBORHOOD ASSOCIATION DID NOT SUPPORT THIS PROJECT? THE NEIGHBORHOOD ASSOCIATION IS OPPOSED. IS OPPOSED. OKAY. SO I WOULD BE OPPOSED TOO, BECAUSE I DON'T THINK THAT A FIVE FOOT VARIANCE IS NOT VERY, I MEAN, THAT'S AS TALL AS I AM. AND YOU TALKING ABOUT IT'S THAT WIDTH. IT'S NOT HEIGHT, IT'S IT'S WIDTH. I LISTEN , I SAID ABOUT AS TALL AS I AM, AND YOU'RE TALKING ABOUT FIVE FEET WIDE. AND NOW HE'S TAKEN TWO FEET AWAY. SO NOW IT'S THREE FEET. NO, I WOULD NOT BE SUPPORTING THIS. AND HE SHOULD HAVE LOOKED AT HIS DESIGN MORE CAREFULLY. THEY SHOULD HAVE LOOKED AT THEIR DESIGN A LOT MORE CAREFULLY BEFORE THEY PUT THIS IN THIS AREA. THANK YOU. THANK YOU. ANY OTHER COMMENT THAT CLOSES, OBVIOUSLY. LET'S TAKE A ROLL CALL VOTE. THANK YOU, MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. CODDLE CONCUR. MR. MANCHACA? I CONCUR. MS. HAYES. I CONCUR. MS. CRUZ. I CONCUR. MS. BROWN. I DO, I DO NOT CONCUR. UH, CONCUR. MS. VASQUEZ? I CONCUR. MR. OZUNA. I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT WITH 10 IN FAVOR. ZERO AGAINST THE VARIANCE. DOES PASS, UH, CONGRATULATIONS. WELL, THERE'S ONE IN BROWN WAS IN. I'D SAID FOUR. WE HAD 10 IN FAVOR. ONE AGAINST THE VARIANCE PASSES. UH, GOOD LUCK WITH THE PROJECT. THANK YOU. NEXT CASE, PLEASE. WE'RE GONNA GO TO CASE NUMBER 12 NOW. ARE WE STILL CASE NUMBER 12 ON V STREET, ALL BO O A, UH, 1 68, UH, APPLICANT BEING BROWN AND MCDONALD. UH, CONSULTINGS, UH, DISTRICT 2 1 0 8 VINE STREET PROPERTY ZONE, RMM FOUR. NEXT SLIDE. THE SUBJECT PROPERTY IS LOW, IS EAST OF DOWNTOWN, JUST NORTH OF IH 10 EAST. ALTHOUGH THE STRUCTURE APPEARS CLOSER THAN FIVE FEET, THE FIRST STORY MEASURES EXACTLY FIVE FEET. THE STORY SECOND STORY HAS A PROJECTION PROJECTING ARCHITECTURAL FEATURE CALLED A JETTING OR OVERSELL THAT ALLOWS SECOND STORY TO OVERHANG INTO THE SIDE, INTO THE SETBACK BY TWO FEET, LEAVING THREE FEET FROM THE PROPERTY LINE IN ACCORDANCE WITH 35 5 16 J. UH, A RECENT BOARD OF ADJUSTMENT. AND THIS IS NOT THE PROPERTY THAT WAS DONE BY THE APPEAL, BUT IT IS, UH, IN SIMILAR IN THE, UH, SUBJECT . THIS IS THE, UH, SITE PLAN ON THE PROPERTY OF VINE STREET. IT'S CURRENT CONSTRUCTION STATE. THE SURROUNDING AREA STAFF RECOMMENDS APPROVAL ON B O A 2 3 1 0 3 0 0 1 68 BASED ON THE FOLLOWING FINDINGS OF THE FACTS DUE TO THE SIZE OF THE LOT AND THE PROPOSED SQUARE FOOTAGE OF THE STRUCTURE. AND IT WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. NOTIFICATION PLAN HAS FOUR IN FAVOR, ZERO OPPOSED, NEVER HIGHEST NEIGHBORHOODS NEIGHBOR, DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION IS OPPOSED. AND WE RECEIVED 23 SUPPORT OUTSIDE OF 200 FEET. AND THE FOLLOWING ARE THE COMMENTS THAT WE RECEIVED. WE SLOWED DOWN THIS ONE. THIS WAS THE DENVER, UH, HEIGHTS NEIGHBORHOOD ASSOCIATION RESPONSE. GO AHEAD AND MOVE FORWARD. SECOND. THANK YOU. IS THAT THE END STAFF PRESENTATION? SORRY, WAS THAT THE END OF STAFF PRESENTATION? UH, WE GOT A COUPLE MORE THAT WE'RE GONNA SHOW AND THAT STAFF PRESENTATION. ALRIGHT, THANK YOU. UH, LET'S SEE IF THE APPLICANT IS AVAILABLE FOR PRESENTATION. [03:35:01] UH, GOOD AFTERNOON. UH, MR. CHAIR, HONORABLE MEMBERS OF THE BOARD OF ADJUSTMENT, CAROLINE MCDONALD WITH BROWN MCDONALD, 100 NORTHEAST LOOP FOUR 10 HERE ON BEHALF OF THE APPLICANT. UM, I DO HAVE A PRESENTATION I'M SURE STAFF WILL BE BRINGING UP SHORTLY. UM, JUST TO KIND OF GIVE YOU BACKGROUND ON THIS, UH, THIS IS ALSO A SITE IN DISTRICT TWO. IT'S, UH, ABOUT HALF A MILE AWAY FROM THE SITE ON HARDING. MY CLIENT WAS ALSO IN THE MIDDLE OF CONSTRUCTION WITH APPROVED PLANS APPROVED BY THE CITY, I THINK THREE SEPARATE TIMES, UM, WHEN THE LAST MEETING OCCURRED. AND THEN A, BECAUSE OF THE DECISION ON THE OVERHANGS AT THE LAST MEETING, A STOP WORK ORDER WAS ALSO ISSUED ON, ON THIS SITE. SO MY CLIENT IS A HOME BUILDER. SHE IS IN DISTRICT TWO. SHE, UH, DID SUBMIT PLANS THAT WERE APPROVED WITH THE, THE ENCROACHMENT. UM, AND SHE STOPPED WORK AND SOUGHT A VARIANCE AS SOON AS THAT DECISION CAME OUT. AND SO WE HAVE SIMILAR FACTS, ALTHOUGH NOT A HUNDRED PERCENT THE SAME. UM, YOU SEE THE SITE HERE HIGHLIGHTED IN GREEN 1 0 8 VINE STREET. UH, THE SITE TO OUR WEST IS A VACANT LOT. UM, AGAIN, NORTH IS ACTUALLY AT THE BOTTOM OF, OF THIS SLIDE, BUT IT'S THE SAME FACT SCENARIO WHERE, UH, WITHIN THE FIVE FOOT, UH, SETBACK. UM, THIS REQUEST IS ALSO FOR A TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SETBACK TO ALLOW FOR A THREE FOOT SIDE SETBACK ON THE WESTERN PROPERTY LINE, WHERE WE HAVE A TOTAL OF 27 LETTERS OF SUPPORT FOR OUR VARIANCE REQUEST. UH, AGAIN, WE ARE ZONED, UH, RMM FOUR, WHICH PERMITS THE, THE THREE BUILDINGS ON OUR PROPERTY CONSTRUCTION STARTED, UH, LATE, I THINK LATE LAST YEAR. UM, GOING THROUGH THE FINDINGS OF FACT, UH, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. AGAIN, THIS WILL BE NEW QUALITY HOUSING. IT WILL ALLOW FOR INFILL DEVELOPMENT. UM, IT WILL IMPROVE A VACANT LOT. AND AGAIN, THE REQUIRED SETBACK IS JUST ON THE SECOND STORY. THE FIRST STORY WILL BE, UH, WITHIN FIVE FEET. AND AGAIN, FIRE RATED WALLS WILL BE USED. UH, LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN A NECESSARY HARDSHIP. UM, AGAIN, APPLIED FOR AND RELIED UPON THE BILL APPROVED BUILDING PERMITS AND GUIDANCE FROM THE CITY. UM, BECAUSE OF THE BOARD'S DECISION, THERE'S A STOP WORK ORDER. THIS IS A, AGAIN, A NARROW LOT. AND BECAUSE, UM, OF THE SIZE OF THE LOT, WE, WE PURSUED THE ENCROACHMENT INTO THAT SIDE SETBACK. UM, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED BY GRANTING OF THE VARIANCE AND SUBSTANTIAL JUSTICE WILL BE DONE. UH, THE ZONING ORDINANCE ALLOWS UP TO THREE STORIES WITH A FIVE FOOT SETBACK. INSTEAD, WE'RE PROPOSING CANTILEVERED SECOND STORY, UH, WITHIN, UH, THE FIVE FOOT SETBACK. AND THIS PRODUCT, I WOULD ARGUE, WILL ENHANCE THE NEIGHBORHOOD. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE DISTRICT. THE RMM FOUR ZONING AUTHORIZES THE MIXED USE, INCLUDING THESE THREE UNITS. AND THE GARDEN HOME, AGAIN, IS AUTHORIZED IN THE DISTRICT. THE 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. I'M TRYING TO FIND A PICTURE. UM, AGAIN, THE VACANT LOT NEXT TO US. UH, THERE'S A VACANT LOT NEXT TO US AND THERE IS A SINGLE FAMILY HOME, UH, ON THE EAST SIDE OF US. UH, THE PLIGHT OF THE OWNER OF THE PROPERTY IS DUE TO UNIQUE CIRCUMSTANCES. UH, AGAIN, THE PROPERTY OWNER HAS GONE THROUGH MULTIPLE APPROVAL PROCESS, UH, WITH THE CITY AND, UM, DID STOP WORK AS SOON AS THE LAST DECISION CAME DOWN FROM THE BOARD OF ADJUSTMENT ON THE HARDING SITE. HERE YOU CAN SEE THIS IS THE TIMELINE OF THE BUILDING PERMITS FAIRLY SIMILAR TO THAT ON HARDING. UM, APPLIED FOR THE BUILDING PERMIT, WENT AND SAT DOWN WITH STAFF ON THE DESIGN, WENT THROUGH ALL THE REVIEWS. UM, I BELIEVE OUR ENGINEER ALSO COMPLETED A DRAINAGE STUDY ON THIS SITE. UM, IT DID GO, IT DID NEED A REPL, SO IT WENT THROUGH THE WHOLE RE PLATTING PROCESS. UM, AND THEN AGAIN, YOU CAN SEE HERE IT WENT THROUGH THE DIFFERENT APPROVALS AND THE STOP WORK ORDER WAS PLACED AFTER JUNE 6TH. THIS IS THE PLAT SUBMITTAL TO THE CITY. IT WAS RECORDED ON JANUARY 13TH. AGAIN, THE VARIOUS, UH, VIEWS OF THE, OF THE PROPOSED HOMES. I THINK THIS ONE IS WHAT YOU WERE LOOKING FOR LAST TIME. UM, UH, MY PARTNER WAS INCORRECT. I, I, I THINK HE WAS MISINFORMED. UM, THIS IS THE SIDE, UH, OF THE HOMES. THEY FACE EACH OTHER. AND THEN THIS IS WHAT WILL BE FACING THE, UH, ADJACENT LOT. AGAIN, A VACANT LOT IN THIS SCENARIO. UM, HERE IS THE, UH, STORMWATER MANAGEMENT PLAN FROM OUR ENGINEER. UH, HE CAN ATTEST TO [03:40:01] IF YOU HAVE QUESTIONS. AND THEN AFTER JUNE 6TH, WE DID HAVE TAMPERING WITH OUR SECURITY CAMERAS ON SITE. UM, AND HERE'S THE POLICE REPORT FROM THAT. AND THEN AGAIN, WE HAVE 27 LETTERS OF SUPPORT. UH, SOME ARE WITHIN THE TWO FOOT, 200 FOOT BOUNDARY AND THERE ARE SOME THAT ARE OUTSIDE. UH, I'M HERE TO ANSWER ANY QUESTIONS. OUR ENGINEERS HERE, OUR, OUR STRUCTURAL PERSON IS HERE, UM, AND THE CONTRACTOR. AND WITH THAT, I RESPECTFULLY REQUEST YOUR APPROVAL OF OUR VARIANCE TODAY. THANK YOU. THANK YOU. SEE IF WE HAVE ANY QUESTIONS. MACHACA. SO MACHACA, IS THIS THE ONE THAT WE TALKED ABOUT LAST, THAT, UH, THAT PORCH ON THE SECOND FLOOR WAS ACTUALLY SIX FEET IN LENGTH, BUT FOUR FEET OF IT WAS LIKE STICKING OUT BEYOND THE BUILDING. I DON'T, I DON'T REMEMBER THAT BEING OURS. THIS WILL BE THE FIRST TIME WE'VE SEEN THIS CASE. YES SIR. SORRY. UH, YES. THIS IS THE FIRST SAME DESIGN. SAME DESIGN, SIR. BUT THIS IS THE FIRST HEARING ON THIS PARTICULAR PIECE OF PROPERTY. SO IT'S PROJECTED OUT INTO THE VACANT LOT, NOT ONTO THE VACANT LOT. NO, SIR. IT IS STILL WITHIN THE FIVE FOOT SETBACK. WE'RE JUST REQUESTING A TWO FOOT VARIANCE, UM, SO THAT IT COULD, IT COULD GO INTO THAT SETBACK. ALRIGHT, I GOT IT. THANK YOU. YES, SIR. MANANA, ANY OTHER QUESTIONS FOR THE APPLICANT? MANANA, MR. MANANA, CAN YOU BRING UP A GOOGLE EARTH, UM, VIEW OF IT? 'CAUSE IT'S A MORE CURRENT VIEW OF THIS PROPERTY. WE'LL PLUG IT UP AND THEN, YEAH. SO JUST, JUST A CONFIRMATION THAT, THAT THE, IT, THE, UM, BALCONIES THAT, UH, ARE BEING THOUGHT OF OR WILL BE, UH, FACING THE UNCONSTRUCTED PROPERTY. THAT'S CORRECT, SIR. YEAH. OKAY. THANK YOU. THANK YOU MR. MADAM. ANY OTHER QUESTIONS FOR YOU, CRUZ? MS. CRUZ, THE ONLY THING IS ON YOUR PRESENTATION ARE SOME DATES THAT YOU MIGHT NEED TO CHANGE BECAUSE THEY SAY OCTOBER OF 2023 INSTEAD OF 22. OKAY. SO THAT WAS MY ERROR. THANK YOU. YEAH, I KIND OF CAUGHT MY EYE. I AM LIKE, WAIT A MINUTE. THAT HASN'T HAPPENED YET, SAID, YOU KNOW. THANK YOU. THAT WAS MY ERROR. THANKS FOR CATCHING UP. ANY OTHER QUESTIONS FOR THE APPLICANT? UH, STAFF. DO WE HAVE ANY VOICEMAILS OR PUBLIC, UH, SPEAKER SPEAKERS? WE HAVE, UH, SEVEN SPEAKERS SIGNED UP TO, UH, SPEAK. OKAY. COULD WE LIMIT THOSE TO TWO MINUTES? YES, SIR. THANK YOU FOR TWO MINUTES. UH, FIRST ONE IS BRIAN NAVAREZ, FOLLOWED BY CARLA ALVARADO. JUST FOR , COULD YOU WANNA STATE YOUR NAME? SORRY. BRIAN BK STREET. SO IF YOU, IF YOU'RE GONNA JUST STATE SUPPORT, JUST COME UP TO THE, THE, THE THING AND JUST, UH, SAY YOUR NAME AND JUST SAY YOU'RE IN SUPPORT, IF THAT'S ALL YOU WANNA SAY. AND FOLLOWED BY CARLA ALVARADO'S. NEXT. BRIAN, OUR VICE 2 9 0 7 B CAVE STREET, UM, SUBCONTRACTOR THAT WORKS WITH THE, UM, WITH THE GENERAL CONTRACTOR. AND I JUST WANNA SAY I'M, I AM IN SUPPORT OF THE VARIANCE. OKAY. THANK YOU. THANK YOU. CARLA RADO, FOLLOWED BY MARIA CLARK. MY NAME'S CARL VERADO AND I'M IN SUPPORT OF THE VARIANCE. THANK YOU. THANK YOU. MARIA CLARK, FOLLOWED BY STEVIE SAND. STEVE SANDOVAL. I'M MARIA CLARK. I SUPPORT THE VARIS. STEVE SANDOVAL IS NOT HERE ANYMORE, NOR JOSE JOSE MENDOZA THAT YOU HAVE THAT LIST. THANK YOU. ALL. READY? UM, ESTEBAN RODRIGUEZ, MARK UP, FOLLOWED BY JUAN RODRIGUEZ. HI, MY NAME IS ESTEBAN GARCIA AND SUPPORT FOR CARLA ALVAREZ. THANK YOU THERE. JUAN RODRIGUEZ, FOLLOWED BY, UH, JOSE MENDOZA. GOOD AFTERNOON AGAIN. JUAN RODRIGUEZ, UH, IS ENGINEERING 90 10 FM 1976, CONVERSE, TEXAS. I AM HERE TO SUPPORT THE VARIANCE. UH, WAS THE ENGINEER OF RECORD TO DO THE PLAT, A RE PLAT ACTUALLY IN THIS CASE, UH, WE DID GO THROUGH THE PROCESS OF THE CITY FOR DRAINAGE, UH, EASEMENTS. I KNOW THAT WE, I WAS ASKED THAT BEFORE IN THE PREVIOUS CASE, THERE IS AN EASEMENT OF AN INTERCEPT, AN INTERCEPTOR CHANNEL ALONG THE DRIVEWAY THROUGHOUT. SO THE IDEA IS TO INTERCEPT THIS, THE FLOWS COMING IN FROM THE SITE UPSTREAM, AND THEN IT WILL BE CONVEYED INTO A DETENTION POND, WHICH WAS PART OF THE REQUIREMENTS FOR THE REPLANT. UH, THE FLOWS SHOULD BE CAPTURED WITHIN THE DETENTION POND ON THE REAR OF THE PROPERTY INTO AN EXISTING ALLEY. SO PRETTY MUCH THAT WAS THE ONLY THING THAT WOULD BE APPROVED BY THE CITY DURING [03:45:01] THE REPLANT PROCESS. THANK YOU. ANY QUESTIONS MENCHACA, MR. MENCHACA? SO IS THE ELEVATION FROM THE BACK TO THE FRONT OR FRONT TO THE BACK? IT'S FROM THE FRONT TO THE BACK, ACTUALLY FROM THE NORTHEAST TO THE SOUTHWEST. I SEE. THANK YOU. THANK YOU. ANY OTHER QUESTIONS? ORIAN, MR. ORIAN? YEAH, SIR, REAL QUICK. UH, UH, SO WHEN YOUR DETENTION POND, THIS, UH, UH, IS, UH, RELEASING WATER, IT'S GOING INTO ONE OF THESE, UH, LARGE NUMBER OF CURB INLETS THAT ARE ALL OVER THE PLACE OUT THERE. LIKE, THERE'S PRETTY GOOD DRAINAGE INFRASTRUCTURE IN THE STREETS. SO, EXCUSE ME. UNFORTUNATELY, THE, THE DRAINAGE IS CONVEYED PRETTY MUCH TOWARDS THE BACK. OKAY. AND THEN ALSO SPEAK ABOUT YOUR ROOFS. THEY'RE ALL DRAINING TO THE DRIVEWAY SIDE OR TO THE SIDE WITH THE SETBACK ENCROACHMENT, THEY, THEY WOULD DRAIN TOWARD THE SIDE AND THEN THEY'LL HAVE LIKE A, A SWALE THAT CAPTURES IT. SORRY. OKAY. SORRY, SORRY. AND NOT, BUT IN THE FIVE FOOT ON THE GROUND OR YOU, BUT NOT ON THE DRIVEWAY SIDE, CORRECT? CORRECT. ON THE REAR SIDE OF THE, OF THE UNITS. OKAY. SO RIGHT HERE ON, UH, THERE'S AN ALLEY RIGHT HERE. BUT IN ORDER, IN ORDER FOR US TO MAKE SURE THAT WE DON'T ENCROACHING, UH, WITH FLOWS INTO THE ADJACENT OWNERS AND THE ALLEY, UH, THE DETENTION POND WOULD BE DESIGNED RIGHT HERE IN THIS AREA. AND IT'LL HAVE LIKE A WELL THAT'S FINE SPREAD. THAT'S FINE. I WAS JUST CURIOUS ABOUT, UH, WHEN THE PROPERTY'S RUNNING DRAINAGE TO THE SOUTH, IS IT, IT'S BEING CARRIED NOT IN THE DRIVEWAY, BUT IN THE FIVE FOOT SET GROUND SET BACK? YES SIR. WELL, IT WILL, IT WILL BE, IT'LL BE THROUGH THE DRIVEWAY, BUT IT WILL HAVE LIKE A INTERCEPTOR INLET THAT CONVEYS IT INTO THE DETENTION POND. UH, IN THE AREA IN QUESTION THAT WE'RE HERE TODAY, WHERE THE TWO FOOT ENCROACHMENT IS, IS THERE A, UH, A PRIVATE DRAINAGE IN, UH, INTERCEPTOR EASEMENT THAT RUNS DOWN ALONG THAT LONG PROPERTY LINE? IT WAS, IT'S NOT, BUT THAT IS AN AREA WHERE WE HAVE A SWALE THAT WILL CONVEY THE SIDE FLOWS INTO THE POND. SO YOU'LL, YOU'RE NOT DOING SEPARATE LOTS, YOU'RE JUST DOING ONE BIG LOT, CORRECT? YES, SIR. OKAY. THANK YOU. THANK YOU MR. DORIAN. ANY OTHER QUESTIONS FOR THANK YOU, SIR. ALRIGHT, LAST, LAST SPEAKER IS JOSE MENDOZA. HE'S NOT HERE. HE'S, YEAH, HE'S NOT HERE. ALL RIGHT. THAT'S ALL THE PUBLIC COMMENTS. ALRIGHT. UM, I'LL ASK THE APPLICANT TO PLEASE COME FORWARD TO PROVIDE SOME LAST REBUTTAL. YOU'VE, UH, YOU'VE HEARD, I GUESS SOME PUBLIC COMMENT OR YES, SIR. UH, JUST THAT, UH, WE RESPECTFULLY REQUEST, UH, YOUR APPROVAL AND ANY FURTHER HOMES WILL NOT BE IN THE SETBACK. UM, THANK YOU. THANK YOU. THAT CLOSES THE PUBLIC PORTION. I'D ASK A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION MANNA MR. MANNA, REGARDING CASE NUMBER BO 8 2 3 1 0 3 0 0 1 6 8. I MOVED AT THE BOARD OF ADJUSTMENT GRANDER REQUESTS FOR A TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A THREE FOOT SIDE SETBACK OF THE WESTERN PROPERTY LINE SITUATED AT 1 0 8 FINE STREET, APPLICANT BEING BROWN AND MCDONALD, P L L C. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE APPLICANT IS REQUESTING A VARIANCE TO THE SIDE SETBACKS TO ALLOW A STRUCTURE TO BE THREE FOOT FROM THE SIDE PROPERTY LINES, WHICH IS NOT CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT BUILDING THE STRUCTURE FIVE FEET FOR THE SIDE PROPERTY LINES, WHICH WOULD RESULT IN AN UNNECESSARY HARDSHIP AS THE STRUCTURE WOULD HAVE TO HAVE REDUCED THE SQUARE FOOTAGE REDUCED TO MEET THE SETBACK REQUIREMENT. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED. THE SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN EXACT LETTER OF THE LAW. THE STRUCTURE WOULD BE THREE FOOT FROM THE SIDE PROPERTY LINES, WHICH OBSERVES THE SPIRIT OF THE ORDINANCE DUE TO THE SIZE OF THE LOT AND APPROACH THE PROPOSED SQUARE FOOTAGE OF THE STRUCTURE FOR THE VARIANCE WOULD NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO OTHER USES THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH HIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH HIS PROPERTY IS LOCATED. IF GRANTED, THE STRUCTURE WILL BE THREE FOOT FROM THE SIDE PROPERTY LINE DUE TO THE SIZE OF THE LOT AND PROPOSED SQUARE FOOTAGE OF THE STRUCTURE, IT WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX. THE APPLY TO THE OWNER OF THE PROPERTY FOR WHICH A VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL AND NOT DUE TO, OR THIS RESULT OF GENERAL CONDITIONS AND DISTRICT IN WHICH THIS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER FOR THE PROPERTY FOR WHICH HIS VARIANCE [03:50:01] IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. END OF MOTION. SECOND. SECOND DISCUSSION. SO, UM, KIND OF THE SAME DIALOGUE THAT I HAD FOR THE PREVIOUS ONE. I'LL BE SUPPORTING THIS MOTION. UM, THIS ONE HAS, THE, THE ADDED BENEFIT OF THE EXISTING PROPERTY NEXT TO IT IS UNDEVELOPED. SO, SO ANYBODY MOVING INTO THAT PROPERTY WILL HAVE THAT KNOWN, UH, CHALLENGE WHEN THEY MOVE INTO THAT PROPERTY. UM, AND THEN JUST AS A NOTE, YOU KNOW, I I DO ASK THE CITY TO, UM, WHEN IT IS THAT THE NEIGHBORHOOD ASSOCIATIONS RESPOND, UM, THAT THEY ASK FOR A LITTLE BIT MORE DETAIL IF IT'S JUST I'M AN, I'M AN OBJECTION, JUST SO THAT I HAVE A BETTER IDEA WHAT THEIR OBJECTIONS ARE. 'CAUSE I'M TRYING TO SHOOT ON THE FLY HERE AND TRY TO UNDERSTAND THEIR, THEIR CHALLENGES. SO, BUT I'LL BE, UH, SUPPORTING THIS. UM, I'LL ALSO BE IN SUPPORT OF THE MOTION. I THINK THE, THE APPLICANT HAS DONE, UH, HER DUE DILIGENCE IN TERMS OF GETTING THE ENGINEERING, UH, STUDY DONE FOR THE DRAINAGE, UM, AND AS ALL THE OTHER POINTS THAT MY COLLEAGUE MADE. UH, SO I'LL BE IN SUPPORT AND I'LL, I'LL BE IN SUPPORT AS WELL. I THINK THE APPLICANT DID ALL THE RIGHT STEPS. UM, IT WAS THE CITY INTERPRETATION THEN WITH THE, UH, ARCHITECTURAL FEATURE THAT CAUSED THE CASE TO BOOMERANG BACK BEFORE US. SO, UM, SO LET'S GO AHEAD AND TAKE A ROLL CALL VOTE. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. SPILLMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. CODDLE CONCUR. MR. MENCHACA. I CONCUR. MS. HAYES. I CONCUR. MS. CRUZ. I CONCUR. MS. BROWN. I DO NOT CONCUR. MR. VASQUEZ. I CONCUR. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT WITH TENANT FAVOR, UH, ONE AND OPPOSITION THE VARIANCE PASSES. GOOD LUCK WITH THE PROJECT. THANK YOU. UH, NEXT CASE. LET'S GO. OKAY. OH, I'M SORRY. THE TIME IS 5 0 4. AND MS. UH, BRAGMAN IS LEFT AND MS. BROWN WILL BE LEAVING. THAT PUTS US AT, UH, AND WE CAN GET MR. ZACHARY ON SCREEN PLEASE, UH, VIA WEBEX. MR. ZACHARY, IF YOU CAN HEAR ME OR MR. DEAN? I'M SORRY. YES. HELLO? I'M HERE. THERE WE GO. THANK YOU. UH, SO THAT PUTS US AT 10 MEMBERS, THEN AT 10, I THINK WE'RE AT 10. OKAY. AND WE'RE WORKING. EXCELLENT. OKAY, SO, UH, STAFF, LET'S KIND OF PICK UP, UH, BACK TO WHERE WE WERE. CASE NUMBER NINE. AGENDA ITEM NUMBER NINE IS CASE 23. UH, DASH 1 0 3 1 29. THIS IS LOCATED AT 1649 WEST MAGNOLIA, UH, IN COUNCIL DISTRICT ONE. THE APP APPLICANT IS AUTUMN REITH. THIS IS AN APPEAL OF THE DECISION TO REVOKE THE SHORT-TERM RENTAL PERMIT. THE PROPERTY IS ZONED R SIX A H O D. THE SUBJECT PROPERTY INITIALLY APPLIED FOR AN S T R PERMIT ON OCTOBER 19TH, 2021. THAT PERMIT WAS ULTIMATELY ISSUED IN DECEMBER OF 2021, AS HAS BEEN THE CASE FOR A COUPLE OTHERS TODAY, STAFF WAS INFORMED THAT THE PROPERTY WAS BEING ADVERTISED AND USED AS AN EVENT SPACE IN VIOLATION OF THE CODE. AND WE CONDUCTED AN INVESTIGATION AND REVOKED THE PERMIT FOR THOSE REASONS. THE, UH, CODE LANGUAGE IS REALLY THE SAME, UH, AS THE TWO PREVIOUS CASES. YOU ARE NOT ALLOWED TO CONDUCT A COMMERCIAL EVENT CENTER OUT OF A PROPERTY FOR WHICH AN SS T R PERMIT HAS BEEN ISSUED. THERE IS STILL A SWORN CERTIFICATION THAT YOU UNDERSTAND THE LIMITATIONS OF THE ORDINANCE AS A CONDITION OF YOUR PERMIT. AND ANY VIOLATION OF THE ORDINANCE WILL, UH, SHALL IS WHAT THE CODE SAYS RESULT IN PERMIT REVOCATION. THIS IS THE SUBJECT PROPERTY INCLUDING PICTURES OF THE RESIDENTIAL COMMUNITY IN WHICH SURROUNDS IT. AND THIS IS THE POSTING, UH, THAT WAS POSTED ONLINE. YOU SEE A COUPLE THINGS THAT STAND OUT. SIMILARLY, UH, YOU HAVE A $100 AN HOUR RATE FOR A THREE HOUR MINIMUM THAT IS A VIOLATION, UH, HERE ON THE SCREEN. I'M USING THE LASER POINTER FOR THOSE IN THE BUILDING TODAY. OUTSIDE CATERING IS WELCOME. THAT IS NOT ALLOWED. UM, IT ADVERTISES, YOU KNOW, SPACE FOR A VARIETY OF ACTIVITIES AND ONE THAT REALLY STANDS OUT TO ME IS THIS ADVERTISEMENT THAT IT IS A SATISFACTORY VENUE FOR UP TO 30 PEOPLE. UH, THE APPLICATION FOR THE SHORT-TERM RENTAL PERMIT SAID THAT AT NO POINT IN TIME WOULD THERE BE MORE THAN 10 PEOPLE ON THE PROPERTY. SO WE'RE ADVERTISING THREE TIMES. UH, WHAT WAS AUTHORIZED AS PART OF THE PERMIT FOR THIS EVENT USE. UH, WE HAVE [03:55:01] A COUPLE, UH, REVIEWS AS WELL. PEDRO WAS ABLE TO BOOK A VIDEO SHOOT FOR A COMMERCIAL FOR 20 PEOPLE AT THE PROPERTY. UH, SERGIO WAS ABLE TO BOOK A VIDEO SHOOT FOR 18 PEOPLE FIT ALL OF THEIR NEEDS. AGAIN, THOSE ARE VIOLATIONS OF THE SHORT-TERM RENTAL ORDINANCE. STAFF DOES RECOMMEND DENIAL, AGAIN USING THE SHORT-TERM RENTAL AS AN EVENT SPACE, AS A VIOLATION OF THE CODE, WE ARE REQUIRED TO REVOKE THE PERMIT IN THAT INSTANCE. SO WE RECOMMEND DENIAL OF THEIR APPEAL. ANY QUESTIONS? SEE IF ANY QUESTIONS FOR STAFF? HEARING NONE, I'D ASK THE APPLICANT TO PLEASE COME FORWARD. GOOD EVENING. I THINK IT IS NOW, UNFORTUNATELY. THANK YOU SO MUCH FOR YOUR TIME. I'M AUTUMN DAWN ALRE. I CAN YOU HEAR ME OKAY THROUGH THE MASK? I CAN SLOW DOWN. OKAY, I WILL. I APOLOGIZE. I JUST HAD A TRANSPLANT SIX WEEKS AGO AND I'M NOT ACTUALLY CLEARED TO BE IN PUBLIC YET. BUT, UM, BUT I, UM, NEEDED TO DO THE APPEAL WITHIN 20 DAYS OF THE REVOCATION. SO, UM, PLEASE LET ME KNOW IF YOU HAVE DIFFICULTY UNDERSTANDING A COUPLE OF POINTS OF CLARIFICATION. ONE IS THAT, UM, IN THE PACKET YOU RECEIVED, YOU HAVE A NOTE WHICH MR. SPARROW DIDN'T MENTION JUST NOW, BUT YOU DO HAVE A NOTE THAT, UM, I HAD A VIOLATION FOR CONTINUING TO OPERATE A SHORT-TERM RENTAL AFTER THE PERMIT WAS REVOKED. UM, THAT IS NOT THE CASE. AND I HAVE ALL THE DOCUMENTATION, IF ANYBODY WOULD LIKE TO LOOK AT IT, BETWEEN MYSELF AND THE SITING OFFICER, IN WHICH HE REQUESTED SEVERAL PIECES OF DOCUMENTATION PROVING THAT I HAD NOT RENTED IT FOR LESS THAN 30 DAYS. SO, UM, THAT IS NOT ACTUALLY THE CASE. UM, THE SITING OFFICER TOLD ME THAT THE VIOLATION WAS CLOSED OUT OR WAS COMPLETED THAT I HAD PROVIDED THE NECESSARY INFORMATION. ALTHOUGH YOUR PACKET SAYS THAT IT'S STILL OPEN, AND I'M NOT SURE WHY THAT IS. UM, THE SECOND POINT OF CLARIFICATION IS THAT THE TWO BOOKINGS FOR WHICH YOU SAW REVIEWS WERE ACTUALLY OVERNIGHT BOOKINGS. UM, THEY WERE NOT BY THE HOUR BOOKINGS. UM, I ALS THEY ALSO WERE, THE WAY PEERSPACE WORKS WHEN IT SHOWS THE SUBJECT OF THE MESSAGES, IT SHOWS YOU WHATEVER THE INITIAL REQUEST WAS, IT NEVER CHANGES AFTER YOU OR THE REVIEWS, EXCUSE ME. IT SHOWS YOU WHAT THE ORIGINAL REQUEST WAS. IT DOESN'T CHANGE IF YOU, IN YOUR MESSAGES BACK AND FORTH IF THAT NUMBER CHANGES. SO BOTH OF THOSE WERE 12 PEOPLE. UM, LAST CLARIFICATION IS THAT MY UNDERSTANDING OF THE SHORT-TERM RENTAL PERMIT APPLICATION PROCESS IS NOT THAT I PUT, THERE WOULD NEVER BE MORE THAN 10 PEOPLE ON THE PROPERTY AT ANY POINT IN TIME. BUT THAT 10 THAT I WOULD HAVE SLEEPING ARRANGEMENTS FOR 10 PEOPLE. I CERTAINLY, WHEN, WHEN THERE ARE PEOPLE STAYING THERE, YOU CERTAINLY DON'T HAVE A WAY TO KNOW IF THEY INVITE THEIR PARENTS OVER OR, YOU KNOW, SOME, IF THERE ARE 12 PEOPLE IN THE HOUSE AT A POINT IN TIME WHEN THEY HAVE THAT, UM, WHEN THEY HAVE THAT PROPERTY ACCESS. UM, BY BACKGROUND, WE'VE, YOU'VE HEARD A LOT OF MORE THAN YOU EVER WANTED TO ABOUT PEER SPACE TODAY, I KNOW. UM, BUT THE REASON WHY THERE IS A LOT OF PEER SPACE ACTIVITY RIGHT NOW IS BECAUSE OF THE NUMBER OF SHORT-TERM RENTAL, UM, PROPERTIES WHICH HAVE PROMULGATED ACROSS THE NATION. AND THE WHOLE BUSINESS IS A LOT MORE COMPETITIVE THAN IT PREVIOUSLY WAS. AND PEER SPACE HAS BEEN PROMOTED IN A NUMBER OF SHORT-TERM RENTAL, UM, EDUCATION FUNCTIONS AS AN ADDITIONAL WAY TO GET THE WORD OUT ABOUT YOUR PROPERTY. SO THAT'S THE REASON WHY THERE'S SORT OF A FLURRY OF PEER, PEER SPACE, UM, BOOKINGS OR, OR PEER SPACE PERMIT, PEER SPACE RELATED PERMIT REVOCATIONS. UM, AND THAT IS THE REASON WHY I POSTED THERE AS WELL. UM, BECAUSE IT WAS, IT WAS PROMOTED AS A, AS A WAY TO, UM, EDUCATE PEOPLE ABOUT YOUR LISTING OR, OR MAKE PEOPLE AWARE OF YOUR LISTING. I HAVE BEEN OPERATING THE SHORT TERM RENTAL AT THAT SITE, UM, FOR, SINCE DECEMBER OF 2021. I'VE PAID A TOTAL OF $3,357 AND 39 CENTS IN HOTEL OCCUPANCY TAXES. AND I'VE NEVER HAD A COMPLAINT ABOUT THE PROPERTY. UM, I'VE SIMPLY HAD THE REVOCATION, WHICH CAME AS YOU HEARD BEFORE, WITH NO WARNING AND NO OPPORTUNITY FOR ANYTHING OTHER THAN THE THE $600 APPEAL. UM, AND I ALSO, AT THE BOTTOM OF THE EMAIL THAT I GOT NOTIFYING ME OF THE REVOCATION, THERE WAS A NOTE THAT SAID, ILLEGAL OPERATION OR UNAUTHORIZED OPERATION OF A SHORT-TERM RENTAL. IT, IT WILL INCUR A FINE OF $500. AND IT SEEMS PROBLEMATIC TO ME THAT A PERSON, AND, AND THERE ARE SEVERAL WITHIN THE SEVERAL BLOCK RADIUS OF MY PROPERTY THAT I'M AWARE OF. [04:00:01] AND IT SEEMS PROBLEMATIC TO ME THAT A PERSON WHO IS ILLEGALLY OPERATING A SHORT-TERM RENTAL HAS A $500 FINE, BUT A PERSON WHO IS LEGALLY OPERATING A SHORT TERM RENTAL. UM, AND, AND I DON'T, I DID NOT, I HAVE ONLY HAD OVERNIGHT STAYS WITHIN THAT SHORT TERM RENTAL. UM, IT, IT SEEMS PROBLEMATIC TO ME THAT THERE'S NOT A MECHANISM BY WHICH WE HAVE A WARNING, A FINE, ET CETERA. I KNOW YOU'VE HEARD ALL OF THIS ALREADY, BUT I WANNA REITERATE THE IMPORTANCE. I THINK SOMEONE WHO'S ILLEGALLY OPERATING A SHORT-TERM RENTAL OVER WHICH NO ONE, NEITHER, NO ONE WITHIN THE CITY HAS ANY CONTROL OR AWARENESS, YOU, YOU KNOW, FOR A WHILE AT LEAST, UM, REALLY THERE SHOULD BE A STRING, A MORE STRINGENT PUNISHMENT, PUNISHMENT FOR THAT THAN FOR A LEGAL COMPLIANT SHORT-TERM RENTAL OWNER WHO ADMITTEDLY MISUNDERSTANDS AND POST AN INAPPROPRIATE POSTING, WHICH I REMOVED WITHIN ABOUT AN HOUR OF RECEIVING THE EMAIL REGARDING THE, THE PERMIT REVOCATION. UM, I KNOW THAT ALL THIS ALL STARTED FOR YOU GUYS AT LEAST TWO MONTHS AGO WITH THE ROSEWOOD PROPERTY WEDDING VENUE, UM, DISCUSSION. AND IN THAT DISCUSSION AS WELL AS IN MOST OF THE COMMUNITY COMMENTS THERE THAT THAT DISCUSSION, THE APPLICANT WAS ASKING TO BE ABLE TO CONTINUE OPERATING A WEDDING VENUE. MOST OF THE COMMUNITY COMMENTS KEEP SAYING WE SHOULDN'T HAVE EVENT VENUES WITHIN OUR NEIGHBORHOOD. BUT I THINK THAT, THAT, THE MISUNDERSTANDING IS, THAT'S NOT WHAT I'M ASKING FOR. AND I, I THINK THE OTHER PEOPLE THAT I'VE HEARD HERE TODAY, THAT'S NOT WHAT WE'RE ASKING FOR. WE'RE ASKING TO BE ABLE TO PAY A FINE ADMIT THAT WE POSTED INAPPROPRIATELY AND CONTINUE TO OPERATE OUR LEGAL COMPLIANT SHORT-TERM RENTAL AND PAY TAXES. I'M NOW OPERATING THAT SAME PROPERTY AS, AS A LONGER TERM RENTAL. AND THE CITY GETS NO BENEFIT FROM THAT. UM, I MEAN, I OWN THE PROPERTY, SO I HAVE TO DO SOMETHING WITH IT. UM, AND IT SEEMS TO ME THAT IT BEHOOVES THE CITY TO PUNISH ILLEGAL SHORT-TERM RENTAL OWNERS MORE THAN LEGAL COMP LEGAL OWNERS WHO ARE OTHERWISE COMPLIANT IN THE SAME WAY THAT WE DO WITH OTHER, OTHER VIOLATIONS. UM, THERE HAVE BEEN NO EVENTS AT THE PROPERTY AND, UM, I, I HAVE TAKEN THE LISTING DOWN. I WILL NOT HAVE EVENTS AND, UM, I WOULD LIKE TO CONTINUE THE SHORT-TERM RENTAL AND CONTINUE PAYING TAXES AND REMAIN COMPLIANT AND LEGAL. THANK YOU, MS. KABIR. LET'S SEE IF YOU HAVE ANY QUESTIONS, ANY QUESTIONS FROM THE BOARD? OKAY. THANK YOU SO MUCH. THANK YOU. UH, ORIAN, I HAVE A QUESTION. UH, MS. YEAH. SO DID YOU, DID YOU HAVE AN AIRBNB ADVERTISEMENT? YES. PROPERTY OR JUST THE OKAY. I DO. I HAVE, IT'S ON AIRBNB AS WELL AS, UH, V R B O, WHAT IT WAS. WE'LL BE, IT'S STILL THERE. IT JUST SAYS MINIMUM OF 30 DAYS, THE, THE V R B O AND AIRBNB LISTINGS. NO, BUT PRIOR TO THE REVOCATION, UH, WE, WE'VE BEEN HEARING ABSOLUTELY HEARING A LOT ABOUT PEER SPACE WHERE THEY ONLY ALLOW YOU TO LIST A BY THE HOUR RATE. BUT ON AIRBNB, I'M, LOOK, I'M JUST CURIOUS, WAS THERE ANY MENTION OF ANY SORT OF EVENTS OR HOURLY RENTAL? NO, THERE'S NOT ANY MENTION ON AIRBNB. UM, IF YOU'RE WANTING TO LOOK IT UP, IT'S LISTED AS CASA MAGNOLIA ON AIRBNB. YOU'RE WELCOME TO LOOK AT IT. THERE'S NOT ANY, THERE'S NOT ANY MENTION OF HOURLY RENTALS AND, UM, THE AIRBNB AND V R B O BOOKINGS ARE WHAT I HAVE PAID THAT $3,300 IN TAXES ON OVER THE LAST, OVER THE 14 MONTHS OR SO PRIOR TO THIS REVOCATION. OKAY. THANK YOU. THANK YOU MS. TOR. ANYTHING ELSE? UH, STAFF? DO WE HAVE ANYBODY SIGNED UP FOR PUBLIC, UH, COMMENT OR VOICEMAILS TO BE READ INTO THE RECORD? YES, WE HAVE, UH, SIX, UH, SIGNED UP TO SPEAK. UM, YOU WANNA LIMIT THAT TO TWO MINUTES OR YOU WANT THREE MINUTES? YEAH, WELL LIMITED TO TWO MINUTES. I THINK THAT'S FAIR 'CAUSE THAT'S, YEAH. TWO MINUTES. OKAY. UH, LEVEL UP. OKAY. UH, FIRST ONE IS TONY GARCIA, FOLLOWED BY TOM SIMMONS. THANK YOU VERY MUCH. MY NAME IS TONY GARCIA. I LIVE AT 2 43 EAST ATCH HERE IN SAN ANTONIO. AS A FORMER S T R TASK FORCE MEMBER, I RESPECTFULLY REQUEST THAT THE COMMISSION COMMISSIONERS UPHOLD THE INTEGRITY OF THE SS T R ORDINANCE AND SUPPORT STAFF'S RECOMMENDATION FOR DENIAL REGARDLESS OF THE APPLICANT'S CLARIFICATION. THANK YOU FOR YOUR CONSIDERATION. YOU, MR. TOM SIMMONS, FOLLOWED BY MS. MALDONADO, TOM SIMMONS. UH, GIVING MY TIME TO BIANCA MALDONADO. MS. MALDONADO, YOU HAVE FOUR MINUTES AND YOU'LL BE FOLLOWED BY PAUL PAULA KAUFMAN. GOOD AFTERNOON COMMISSIONERS. THANK YOU FOR YOUR TIME. BIANCA MALDONADO [04:05:01] 4 57 CLUB DRIVE AND AS I STATED PREVIOUSLY, I SERVED ON THE STAKEHOLDER GROUP THAT CREATED THE SHORT-TERM RENTAL ORDINANCE. I THINK IT'S VERY IMPORTANT TO NOTE, UM, WHAT DIFFERENTIATES THIS PARTICULAR CASE. YES, THE APPLICANT HAS SHARED THE INFORMATION WITH YOU. THERE'S A REASON THIS WAS NEVER ADVERTISED ON AIRBNB. THEY DON'T ALLOW IT, THEY DON'T ALLOW HOURLY RENTALS ON THEIR PLATFORM. AS I STATED, THE INDUSTRY ITSELF IS SEEKING TO REGULATE AND KEEP PARTIES AND EVENTS FROM HAPPENING AT THESE SHORT TERM RENTAL PROPERTIES BECAUSE THEY DON'T VALUE THAT. THAT IS NOT SOMETHING THEY WANNA BE KNOWN FOR. AND SO, AS I MENTIONED EARLIER, DURING THE DISCUSSION OF CREATING THE SHORT-TERM RENTAL ORDINANCE, HOSTING EVENTS AND PARTIES, THAT WAS A HUGE POLARIZING ISSUE. DIDN'T WANT PARTY HOUSES AND YOU DIDN'T WANT PEOPLE WHO WERE NOT COMING TO THAT HOUSE TO SPEND THE NIGHT. IF THEY'RE NOT COMING THERE TO SPEND THE NIGHT AND HIT THAT 12 HOUR STAY, THEN THEY SHOULD NOT BE ON THAT PROPERTY FOR ANY OTHER REASON. AND SO THAT IS THE REASON THAT I ASK YOU TO UPHOLD THE, UH, DIRECTOR'S DECISION TO REVOKE THEIR PERMIT AND DENY THE APPEAL BEFORE YOU TODAY. AND AS A MOMENT OF BREVITY, I JUST WANNA MAKE SURE THAT YOU UNDERSTAND THIS IS ADJACENT ALSO TO WOODLAWN ACADEMY. SO WHEN YOU LOOK AT THE NUMBER OF THOSE PEOPLE COMING TO AND FROM THIS PROPERTY, IT'S ON A CORNER LOT. AND SO WHEN THEY AFFIRMED THAT THEY'RE REQUESTING A SHORT-TERM RENTAL PERMIT FROM THE CITY, THEY NEVER SAID THEY WERE GONNA HAVE, YOU KNOW, MORE PEOPLE COMING FOR ANYTHING LESS THAN 12 HOURS AND WHAT LIFE SAFETY ACCOMMODATIONS THE PROPERTY WOULD HAVE WHEN THEY AFFIRM THAT INFORMATION IN THEIR SITE PLAN THAT THEY SENT IN TO THE CITY FOR THEIR APPLICATION. SO THANK YOU FOR CONSIDERATION OF MY COMMENTS. THANK YOU, ORIAN. I HAVE A, I HAVE A QUESTION. YES, MR. MARTIN. OKAY. SO, SO ON AIRBNB, THE ADVERTISEMENT DOESN'T ELUDE IMPLY OR STATE IN ANY WAY THAT IT'S USED FOR AN EVENT OR COULD BE USED FOR AN EVENT OR IT'S BY THE HOUR ON PEER SPACE. IT ALSO DOESN'T IMPLY OR STATE THAT IT'S BEING USED OR COULD BE USED FOR AN EVENT. AND BECAUSE PEERSPACE ONLY ALLOWS YOU TO LIST AN HOURLY RENTAL RATE, WHERE, WHAT, WHAT ARE YOU OBJECTING TO EXACTLY? IS THERE ANY DOCUMENTATION THAT YOU HAVE THAT SHOWS THAT THEY'RE ADVERTISING THIS FOR AN EVENT SPACE? I'M SORRY, DID YOU NOT SEE THE EVIDENCE PACKET? I'M LOOKING AT IT RIGHT NOW. I DON'T SEE ANYTHING IN THERE. CAN YOU POINT IT OUT TO ME PLEASE? THAT'D BE GREAT. CAN YOU PULL IT UP? DO YOU HAVE A, I DON'T NOT, I MEAN THE PACKET FOR THE CASE, IT'S IN THE POWERPOINT ACTUALLY RIGHT THERE. DO YOU SEE THE A HUNDRED DOLLARS PER HOUR WITH A THREE HOUR MINIMUM? THIS IS A SCREENSHOT THAT STAFF PROVIDED IN THE PACKET. IS THIS FROM PEERSPACE? YES, I'M ASSUMING SO. OKAY, SO PEERSPACE ONLY ALLOWS YOU TO LIST BY THE HOUR. SO ARE YOU AGAINST JUST THE PLATFORM OR WHAT? I DON'T UNDERSTAND THE HOURLY RENTAL OF THE PROPERTY, SIR, WHICH IS THE ONLY WAY THAT THEY CAN LIST IT THERE. SO THEY'RE, SO WHAT YOU'RE SAYING IS, IS THAT ANYBODY WHO, WHO DOES AN S T R WHO ADVERTISES UH, USING THIS PLATFORM SHOULD BE, HAVE THEIR PERMIT REVOKED. IS THAT YOUR, IS THAT WHAT YOU'RE TRYING TO TELL US? NO, SIR. THEY VIOLATED THE SHORT-TERM RENTAL ORDINANCE AND THAT'S WHY I'M ASKING FOR THE REVOCATION. THERE'S SEVERAL OTHER PLATFORMS THAT ALLOW YOU TO HOURLY RENT AND ALSO ADVERTISE EVENTS. THIS IS JUST THE ONE THAT'S BEING PRESENTED TO YOU TODAY. AND THIS PARTICULAR PLATFORM ONLY ALLOWS YOU TO, UM, ADVERTISE BY THE HOUR. SO, SO THAT MEANS THAT THE CITY COULD JUST, ANYBODY WHO ADVERTISES USING THIS PLATFORM, THEY COULD JUST TAKE AWAY THEIR SS P R. SO AS STAFF, HAVING PUT THIS INFORMATION TOGETHER, LET ME CHIME IN ON THAT. WE HAVE REVIEWED DOZENS OF PEER SPACE LISTINGS THAT DO NOT VIOLATE OUR ORDINANCE. WE HAVE. OKAY, SO, SO JUST BECAUSE THEY'RE ON PURE SPACE DOESN'T MEAN WE REVOKE THEIR PERMIT ON THIS SAME PAGE. WE HAVE AN ADVERTISEMENT ADVERTISING THIS SPACE FOR 30 PEOPLE. THAT IS THREE TIMES, I'M TRYING TO, THAT IS THREE TIMES HAVE WHAT THE PERMIT ALLOWED. I'M SORRY. UH, THIS IS WHERE I'M CONFUSED. SO ON, WE HEARD A TESTIMONY FROM THE APPLICANT THAT THEY'RE TALKING ABOUT REVIEWS LISTING IT FOR THESE PEOPLE, BUT THEY NEVER ACTUALLY DID SO WELL. WE HEARD THE APPLICANT SAY THAT IT MAY SAY VIDEO SHOOT FOR 18 PEOPLE, BUT THAT'S BASED STRICTLY UPON WHAT THEY INITIALLY SOUGHT. I DO FIND IT TROUBLING IF WE CAN CLICK OVER TO THE NEXT SLIDE THAT SERGIO WENT ON TO SAY AUTUMN WAS SUPER RESPONSIVE AND HELPFUL, I WOULD DEFINITELY RECOMMEND THIS LOCATION TO ANYONE LOOKING TO HAVE THAT HOME STYLE FOR YOUR PRODUCTION OR PHOTOGRAPHIC NEEDS. AND I DON'T KNOW, I MEAN I, I GUESS I'M, I'M DISASSOCIATING IT. AUTUMN COULD BE HELPFUL, BUT BECAUSE HE MAY HAVE DONE SOMETHING HE WASN'T SUPPOSED TO DO, I DON'T SEE HOW THAT'S AUTUMN'S PROBLEM. I THAT'S, THIS IS JUST, SEEMS SO MUCH DIFFERENT THAN THE PREVIOUS ONE. MANNA. MANNA. YEAH. SO, SO I GUESS THE QUESTION MR. ORIAN FOR YOU WOULD BE, IF YOU GO BACK TO THE PREVIOUS PAGE HERE. SO, YOU KNOW, SO I GUESS THE QUESTION I HAVE [04:10:01] IS, YOU KNOW, IT DID LIST 30 PEOPLE WERE, I THINK IN THE, UM, ON THE APPLICATION. I THINK THEY, I THINK YOU SAID 12 IS WHAT THEY HAD ADVERTISED OR 10 WITH REGARDS TO THE NUMBER OF PEOPLE. SO I THINK IF THAT HAD SAID 10 PEOPLE THERE, I'D HAVE BEEN MORE COMFORTABLE WITH IT. AND THEN AS FAR AS THE, THE HOURS, IF IT SAID A MINIMUM OF THE 12 HOURS, WHICH I THINK IS WHAT'S REQUIRED BY THE S T R AGREEMENT. AND SO I THINK THOSE ARE TWO OVERSIGHTS. AND THEN I THINK THE THIRD ONE IS THE OUTSIDE CATERING. SO I THINK, YOU KNOW, JUST AS LISTING HERE JUST HAS THREE VIOLATIONS WITH REGARDS TO THE S T R AND, AND SO I THINK THAT THAT, UM, PEOPLE COULD USE THIS PLATFORM, UM, AS LONG AS THEY, YOU KNOW, WERE CONSISTENT BETWEEN WHAT THEY APPLIED FOR WITH THE S T R AND HOW THEY USED THIS. AND SO, SO THAT'S, YEAH. AND I, I HAVE TO ASK THE APPLICANT THAT, 'CAUSE SHE MADE A COMMENT THAT SHE DIDN'T ADVERTISE IT FOR 30 PEOPLE, EVEN THOUGH IT'S HIGHLIGHTED HERE. I I DON'T KNOW IF THAT'S SOMETHING THAT IT'S TIED TO A REVIEW OR SOMETHING THAT SHE SPECIFICALLY LISTED. 'CAUSE WHEN I PULL UP THE AIRBNB, IT DOESN'T IN, IN ANY WAY SAY THAT. CAN I, CAN I RESPOND TO THAT? SO I'M JUST A LITTLE, I'M JUST CONFUSED WITH IT. I'D LIKE TO HEAR THE APPLICANT DURING THEIR REBUTTAL. MAYBE THEY COULD BRING SOME LIGHT TO THAT. OKAY. LET'S SEE IF WE HAVE ANY OTHER PUBLIC COMMENT BEFORE WE CAN, WE CAN BRING THE APPLICANT UP FOR REBUTTAL AFTERWARDS. ALRIGHTY. UM, SO THE NEXT ONE IS PAULA KAUFMAN, FOLLOWED BY JASON VAZQUEZ, THE PLAYBOY HOUSE. COULD WE START THE PRESENTATION FOR THAT, THAT PAGE PLEASE? HI, PAULA COFFMAN AT ONE 18 E SUMMIT. SO ONCE AGAIN, LOOKING AT WHAT THE APPLICANT IS INTENDING TO DO AND GIVING HER AN OPTION TO GIVE HER A WARNING AND TO CORRECT WHAT SHE'S DONE IS NOT THE SAME AS INTENDING TO HAVE A PARTY HOUSE THAT'S GOING TO DISTURB THE NEIGHBORS. SO THE S E ORDINANCES ASK ABOUT WHAT ABOUT EVENTS THAT DON'T DISTURB THE NEIGHBORS? SO SECTION, UM, 2180 DEFINITIONS OF PARTY GATHERING OR EVENT SHALL MEAN A GROUP OF FIVE OR MORE PEOPLE WHO HAVE ASSEMBLED SO AS TO CREATE A SUBSTANTIAL DISTURBANCE OF THE QUAINT ENJOYMENT OF PRIVATE OR PUBLIC PROPERTY. SO WHAT ABOUT EVENTS SUCH AS A BABY SHOWER, A MURDER MYSTERY DINNER THAT'S HELD WITHIN THE PROPERTY THAT DOESN'T DISTURB THE QUIET ENJOYMENT OF THE NEIGHBORS? AND IF IT DOESN'T, WHY NOT BAN IT? SO ZATARI VERSUS THE CITY OF AUSTIN DECIDED ON NOVEMBER 27TH, 2019. AND SOME WE HOLD THAT BAN ON EVENTS INFRINGES ON SHORT-TERM RENTAL OWNERS AND THEIR TENANTS CONSTITUTIONALLY SECURED RIGHT TO ASSEMBLY BECAUSE IT LIMITS ASSEMBLY ON PRIVATE PROPERTY WITHOUT REGARD TO THE PEACEFULNESS OR OTHER REASONS FOR ASSEMBLY. NEXT SLIDE PLEASE. SO HERE WE HAVE AN, AN INTENTIONAL PARTY WHERE THEY'RE USING SOCIAL MEDIA TO SPREAD THAT EVENT AND TO HAVE A WHOLE LOT OF PEOPLE COME THAT DON'T KNOW EACH OTHER. AND THAT CREATES THESE MASSIVE TYPES OF, OF, UM, GATHERINGS. NEXT SLIDE PLEASE. SO HERE AGAIN, I'M, I'M SHOWING IN THE CODE. SO, UM, WE'VE LOOKED AT, UM, C UNDER THIS, BUT IF ANY VIOLATIONS HAVE BEEN COMMITTED AND NOT CORRECTED WITHIN THE TIME SPECIFIED, THE REVOCATION SHOULD START. AND THE NEXT SLIDE PLEASE. THE CITY OF SAN ANTONIO, S E R REVOCATION ALSO NOTES THREE VIOLATIONS WITHIN SIX MONTHS AS, UM, WHEN A REVOCATION MIGHT OCCUR. SO IT'S NOT REALLY CLEAR TO ME ANYWAY THAT, HOW THOSE, THOSE REVOCATIONS START. IF THERE'S A WARNING WHO GETS A FINE? UM, I WOULD NEVER THINK ABOUT, OH, MY VIOLATION IS BECAUSE MY GRASS IS TOO HIGH. I WOULD THINK THAT MY VIOLATION BECAUSE I HAD, UM, OVER THE OCCUPANCY LIMIT OR SOMETHING LIKE THAT, WHICH WOULD HAVE SOMETHING TO DO WITH MY SHORT-TERM RENTAL IN WHICH I WOULD GET A WARNING AND SAY, HEY, DON'T DO THAT AGAIN. I'LL SAY, NO, I WON'T DO THAT. LET ME PAY MY FINE. BUT INSTEAD OF LOSING THE LICENSE FOR 12 MONTHS AND WE'VE, SO, UM, SO WE'VE GOT SOME LAWSUITS LIKE FOR EXAMPLE, JUST 11 DAYS AGO TARRANT COUNTY WAS CITED BY A HUNDRED PROPERTY OWNERS. THAT'S TWO MINUTES. SO I JUST WANNA MAKE SURE THAT THE CITY IS LOOKING AT THESE THINGS 'CAUSE I WANNA AVOID LAWSUITS AS WELL. AND JUST TO CLARIFY WHAT'S ALLOWED AND WHAT'S NOT. THANKS. THANK YOU SO MUCH. NEXT SPEAKER. ALRIGHTY, NEXT ONE IS, UH, [04:15:01] JASON VASQUEZ, FOLLOWED BY TED GUERRA. GOOD EVENING. AGAIN, MY NAME IS JASON VASQUEZ AND I LIVE AT 2331 WEST SUMMIT 7 8 2 0 1. THIS IS REGARDING AGENDA ITEM NINE. I WOULD LIKE TO PROVIDE MY OPPOSITION TO THE APPLICANT'S APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE A SHORT-TERM RENTAL PERMIT FOR 1649 WEST MAGNOLIA 7 8 2 0 1. THE USE OF A HOME ZONED FOR RESIDENTIAL USE AS A COMMERCIAL PROPERTY FOR PHOTO AND VIDEO SHOOTS ON A WEBSITE CALLED PEERSPACE IS INCONSISTENT WITH THE NEIGHBORHOOD ZONING. THE HOME NOTED OPERATING HOURS LIKE A COMMERCIAL PROPERTY. AND THE RULES OF THE HOME THAT WERE NOTED ON PEER SPACE WERE VERY GENERAL AND WHO KNOWS WHAT OTHER KINDS OF ACTIVITIES CAN HAPPEN THERE BY THE HOUR. FOR THESE REASONS, I ASK THAT THE REQUEST FOR THE APPEAL BE DENIED. THANK YOU. THANK YOU. ANY QUESTIONS? UH, OKAY. ALL RIGHT, MR. TED RA AND THAT IS THE FINAL SPEAKER FOR THIS ONE. TED RA, PRESIDENT OF THE JEFFERSON NEIGHBORHOOD ASSOCIATION, 2352 WEST MULBERRY. I AM IN A POSITION OF THE, UM, APPLICANT AS WELL. THANK YOU, SIR. ANY QUESTIONS, SIR? ALRIGHT, THAT IS THE PUBLIC COMMENT. I WOULD ASK THE APPLICANT TO PLEASE COME FORWARD AND SEE IF YOU HAVE ANY, UH, REBUTTAL COMMENTS YOU'D LIKE TO MAKE AND ABSOLUTELY. I FIRST WANNA RESPOND TO THE CHAIR'S, UM, ISSUE RELATED TO THE NUMBER OF PEOPLE. SO LET ME BE CLEAR. THE, THE HOME SLEEPS 10 AND THAT IS THE MAXIMUM THAT'S LISTED ON, UM, THE AIRBNB AND V R B O LISTINGS. I AM NOT DENYING PUTTING 30 ON PEERSPACE, HOWEVER, THE PEERSPACE LISTING IS NO LONGER THERE. IT'S NOT ACTIVE ANYMORE. UM, WITHIN AN HOUR AFTER RECEIVING THE REVOCATION AND UNDERSTANDING THAT THAT WAS NOT ALLOWED, THE PEERSPACE APPLICATION, THE PEERSPACE LISTING WAS TAKEN DOWN, THERE HAVE NEVER BEEN 30 PEOPLE IN THE HOME. AND I THINK IT'S IMPORTANT, UM, FOR THE BOARD TO CONSIDER REGARDING THESE OR THESE ORDINANCES. UM, RELATED TO SHORT-TERM RENTAL, YOU'VE HEARD THE DIFFERING, UM, POINTS ABOUT WHEN AN IMMEDIATE, WHETHER THERE SHOULD BE WARNINGS OR THERE SHOULD BE IMMEDIATE REVOCATION. I THINK THAT IT SHOULD BE, UM, AN EGREGIOUS OFFENSE THAT, UM, THAT RESULTS IN A IMMEDIATE REVOCATION AND AN ADVERTISEMENT WHICH HAS NOT ACTUALLY RESULTED IN A VIOLATION BEEN, UM, MORE PEOPLE THAN I HAD PARKING. I CAN PARK FIVE ON MY PROPERTY AND I, UM, THERE'S NEVER BEEN MORE THAN I HAD PARKING FOR. THERE'S NEVER BEEN A COMPLAINT. UM, I THINK THAT THAT DOESN'T RISE TO THE LEVEL OF, OF AN IMMEDIATE REVOCATION. UM, BUT REGARDLESS OF WHAT THE BOARD DECIDES ABOUT MY CASE, I THINK IT'S IMPORTANT FOR IMPORTANT FOR YOU TO LOOK OR TO FOR, FOR THE, UM, APPROPRIATE FOLKS TO LOOK AT THE ORDINANCE BECAUSE THE ORDINANCE NEVER MENTIONS ADVERTISING AS A VIOLATION. AND STAFF HAS BEEN VERY FOCUSED ON THE FACT THAT THEY SHALL REVOKE AND THAT THAT WORD MANDATES THE REVOCATION. AND I THINK IF WE'RE GONNA BE THAT SPECIFIC ABOUT THAT WORD, WE ALSO HAVE TO BE EQUALLY SPECIFIC ABOUT THE REMAINDER OF THE ORDINANCE, WHICH DOES NOT INVOLVE ADVERTISING OR IT'S NOT EVER MENTIONED. SO IF YOU LOOK AS SPECIFICALLY ABOUT THAT AT THAT WORDING, AS STAFF IS LOOKING AT THEIR MANDATE WORDING, I THINK THAT THE FOLKS WHO'VE COME, WELL, MAYBE NOT EVERYONE, BUT SOME, FOR MYSELF AT LEAST, UM, I HAVE NOT VIOLATED WHAT'S THERE BECAUSE I, I DID ADVERTISE, BUT I DIDN'T ACTUALLY DO THE THINGS THAT ARE LISTED. UM, AND I THINK IT IT'S IMPORTANT TO, IF WE'RE GONNA BE THAT SPECIFIC ABOUT OUR WORDING, IT HAS TO BE ALL THE WAY AROUND. THANK, THANK YOU, MR. THANK YOU SO MUCH. ANY QUESTIONS? YES, I'LL, YEAH, ORIAN? YES. UH, SO, UH, YEAH. SO YOU NEVER ADVERTISE ON AIRBNB OR V R B O FOR, FOR MORE THAN 10 PEOPLE, BUT WHY DID YOU PUT 30? IT SUBSTANTIALLY MORE THAN 10? IS THERE ANY REASON? WELL, WHAT, AND YOU'RE RIGHT. I MEAN, AND, AND THAT, UH, THAT AS I SAID, CAME DOWN IMMEDIATELY AND IS, IS NO LONGER BEING ADVERTISED. AND, AND ALSO, WELL, TO BE EXTRA CLEAR, I'M NOT ASKING TO BE ABLE TO DO THIS. NO, I KNOW, BUT BUT YOU HAVE TO UNDERSTAND THAT, YOU KNOW, WE WE'RE HERE WHEN WE HEAR THESE CASES, STAFF IS JUST DOING THEIR JOB. I MEANAND IF, IF IF YOU PUT 30 ON THERE AND THE WAY THE LANGUAGE READS, THEY, THEY SHALL REVOKE. WELL, AGAIN, I ADVERTISE, BUT I DIDN'T HAVE 30. SO MY, I I, AGAIN, GO BACK TO THE POINT THAT IF WE'RE GONNA, IF WE'RE GONNA INTERPRET SHALL VERY RIGIDLY AS OPPOSED TO MAY, THEN I THINK WE NEED TO INTERPRET THE REST OF THAT SENTENCE EQUALLY RIGIDLY AND SAY THAT A PERSON HAS TO ACTUALLY COMMIT THOSE OFFENSES RATHER THAN IN ORDER TO HAVE THEIR IMMEDIATE REVOCATION OF [04:20:01] THEIR PERMIT. OKAY. I MEAN, I, ALL I'M SAYING IS THAT WHAT, WHAT MAKES YOU DIFFERENT THAN SOME OF THE OTHERS IS THAT THE OTHERS ARE MORE UNIFIED ACROSS THEIR ADVERTISING STREAMS. YOU JUST, YOU WROTE 30 IN THIS ONE PLACE, UH, AND YOU DIDN'T IMPLY OR DO IT ANYWHERE ELSE. AND I'M JUST TRYING TO FIGURE OUT IF THERE WAS SOME REASON. WELL, I'LL, I'LL EXPLAIN MY RATIONALE. SO THE WAY THAT YOU FILL THE SITE OUT, IT ASKS YOU CER IT, IT GIVES YOU A POPUP, AND YOU ANSWER THAT QUESTION, IT GIVES YOU A POPUP AND YOU ANSWER THE NEXT QUESTION. I THINK YOU HEARD THAT ABOUT THE NUDITY EARLIER. IT WAS JUST A QUESTION THAT COMES OUTTA THE BLUE AND IT SAYS YES OR NO. I, I DID NOT ADVERTISE FOR NUDITY ON MINE, BUT, UM, IT GIVES YOU JUST ONE QUESTION AFTER ANOTHER. AND AS I LOOKED AT THAT QUESTION, I WAS THINKING MY, MY HOUSE IS NOT SUITABLE FOR A PARTY OR, YOU KNOW, LIKE SOMEBODY TO HAVE A BACHELORETTE PARTY OR ANYTHING LIKE THAT. SO THAT'S NOT AT ALL WHAT I WAS ENVISIONING. I WAS THINKING, UM, A MEETING OR A BABY SHOWER, YOU COULD, THERE'S ENOUGH SEATING FOR 30 PEOPLE. AND THAT'S WHERE I CAME UP WITH THE NUMBER. I DO UNDERSTAND THAT THAT IS, THAT, THAT THIS WHOLE CONCEPT IS A VIOLATION AND THAT'S WHY I IMMEDIATELY TOOK THE LIST. SO YOUR INTENT WAS 30 PEOPLE FOR A SHORT MEETING, NOT FOR AN OVERNIGHT STAY. THAT WAS MY INTENT. OH, CERTAINLY. I CAN'T HOUSE 30 PEOPLE FOR AN OVERNIGHT STAY. OKAY. THAT WAS MY INTENT. THANK, BUT AGAIN, THANK ALL I DID WAS ADVERTISE. THANK YOU. THANK YOU. I'M, I'M, I'M MORE CLEAR NOW. THANK YOU. THANK, THANK YOU. ANY OTHER QUESTIONS? ANY OTHER QUESTIONS? I'VE GOT A COMMENT. OH, YES. OKAY. SO AS I'VE LISTENED TO ALL OF THESE, AND I THINK THAT I SAW THAT THIS ORDINANCE I SAW, UH, ON ONE OF THESE THINGS, 2018, IS THAT WHEN IT WAS PASSED? IT WAS PASSED ACTUALLY IN LATE, UH, 2018 TOOK EFFECT IN 2019. JANUARY, FEBRUARY, 2019. UH, OKAY. I THINK THAT'S WHAT, OH, I THINK THAT'S SOMETHING LIKE FIVE YEARS AGO AND THERE'S BEEN SOME MAJOR, WELL, NO, IT'S BEEN A LITTLE MINOR EVENT THAT HAS TAKEN PLACE AROUND THE WORLD. I THINK THAT STARTED IN 2020, SOMETHING CALLED COVID AND IT HAD ALL THIS EFFECT. AND SO THAT EFFECT IMPACTED ALL OF US AND THEN IT ALSO IMPACTED THOSE PEOPLE AND IN PARTICULAR SMALL BUSINESS OWNERS. AND AS WE KIND OF GO THROUGH AND AS WE'VE COME OUT COVID AND KIND OF SET COMMISSIONER, I DON'T THINK YOUR MICROPHONE IS ON, I'M SORRY. OH, SORRY. BUT YOU KNOW, IT'S, WE'RE TALKING ABOUT ADVERTISING AND THEN DO WE NEED TO GO? DOES THEN ONE LADY KEPT SAYING THAT I WAS ON THE PEOPLE THAT CAME UP WITH THIS THING, YOU KNOW, A HUNDRED YEARS AGO. WELL, IS IT TIME THAT WE NEED TO GO BACK AND RE-LOOK AT THAT? IS IT TIME THAT WE NEED TO GO BACK AND RECONSIDER OR MAYBE ADD SOME, SOME UH, GUIDANCE, SOME CLEARANCE, SOME SOMETHING TO MAKE IT SO WE'RE NOT HERE DOING ABOUT ADVERTISING? AND SO I I I JUST SIT HERE, YOU KNOW, LISTENING, I GUESS THIS IS THE FOURTH, FIFTH, SIXTH OR SOMETHING THAT I'VE HEARD ON, YOU KNOW, WHERE SHORT TERM RENTALS AND UH, I KNOW IN MY NEIGHBORHOOD, I KNOW THE HOMEOWNERS ASSOCIATION HATES IT AND I LOOK AT 'EM AND I SAY, YOU KNOW, IT'S THEIR RIGHT. AND SO THEN, AND JUST SO EVERYBODY KNOWS, I'M A RETIRED ARMY COLONEL AND I WAS WILLING TO GIVE MY LIFE FOR EVERYBODY'S FREEDOM. AND SO THERE ARE FREEDOMS THAT I THINK THAT EACH AND EVERY ONE OF US HAS, AND ARE, THEY'RE AT TIMES WHERE GOVERNMENT HAS TAKEN THOSE FREEDOMS FROM US. AND DO WE NEED TO GO BACK AND RE-LOOK AT SITUATION? AND I THINK SHE SAID IT IN HER BEGINNING, IS IT TIME THAT WE GO BACK AND RE-LOOK AT THIS WHOLE THING SO WE DON'T HAVE A HUNDRED OR 150 MORE CASES LIKE THIS THAT COME THROUGH, UH, THIS, UH, COMMISSION. THANK YOU, SIR. THANK YOU, SIR. ANY OTHER COMMENT OR ANY OTHER QUESTIONS FOR THE APPLICANT? MANNA MR. MANNA? SORRY. UM, SO THIS QUESTION'S FOR THE CITY. SO, SO ONE OF THE, ONE OF THE POINTS I WAS BROUGHT UP WAS REGARDS TO, UM, THERE'S A NUMBER STATED WITH REGARDS TO THE MAX PEOPLE, AND [04:25:01] I THINK ONE OF THE QUESTIONS THAT WAS ASKED WAS, YOU KNOW, IS, IS THAT JUST OVERNIGHT DIALOGUE OR YOU KNOW, AM I ALLOWED TO INVITE A GUEST OVER WHILE I AM THERE AT AN S T R? SO JUST TRYING TO UNDERSTAND, YOU KNOW, THE NUANCE THERE IN THAT DIALOGUE AND, AND AND HOW THAT PLAYS OUT. YEAH, SO WHEN WE ISSUE SHORT-TERM RENTAL PERMITS AND WE ASK FOR THE OCCUPANCY THAT IS SEEKING THE OVERNIGHT OCCUPANCY, AND PART OF OUR TECHNICAL REVIEW IS ENSURING THAT THE STRUCTURE IS LARGE ENOUGH FOR THAT MANY PEOPLE. I MEAN, GENERALLY SPEAKING, THAT'S EASY TO DO. IT'S A 1500 SQUARE FOOT HOUSE, THEY'RE SAYING SIX PEOPLE, THAT'S FINE. CERTAINLY IF WE WERE TO GET A REQUEST FOR A SHORT-TERM RENTAL PERMIT THAT LISTED 30 PEOPLE, WHETHER IT WAS OVERNIGHT OR NOT, AT A MINIMUM, WE WOULD GO TO OUR PLAN REVIEW DIVISION AND ASK FOR AN OCCUPANCY REVIEW BASED UPON THE BUILDING CODE. COULD I JUST INSERT THOUGH, THERE'S NOT, AT LEAST ON THE APPLICATION I FILLED OUT IN 2021, THERE WAS NO PLACE THAT ASKED ABOUT ANY OCCUPANCY OTHER THAN THE OVERNIGHT OCCUPANCY. I NEVER HAD AN OPPORTUNITY TO STATE AN OOC OCCUPANCY OTHER THAN SLEEPING OCCUPANCY. THAT'S BECAUSE A SHORT TERM RENTAL IS NOT DESIGNED TO BE USED FOR SOMETHING OTHER THAN OVERNIGHT SLEEPING. WELL, I, I AGREE WITH YOU IN CONCEPT EXCEPT HOW MANY TIMES HAVE YOU STAYED AT A RENTAL AND HAD THE PEOPLE DOWN THE STREET COME, OR THE PEOPLE THAT THE PEOPLE COME TO VISIT THEIR FAMILY IN SAN ANTONIO? I HAVE, I HAVE HAD, BEFORE I HAD TO STOP, I'VE HAD TWO SETS OF PARENTS WHOSE NEW GRANDBABY LIVES ON THE SAME STREET, AND SO THEY'VE STAYED WITH ME AND I'M SURE THEIR KIDS AND GRANDKIDS COME OVER, BUT I DON'T, I DON'T NOTE THAT IN MY MAXIMUM OCCUPANCY, UM, BECAUSE THEY'RE NOT, THEY'RE NOT OCCUPYING. AND SO I I UNDERSTAND THAT YOU'RE REFERRING TO THIS. MY POINT IS THAT WE DON'T REALLY, I DON'T THINK YOU CAN EQUATE THAT MAXIMUM O MAXIMUM OCCUPANCY WITH ANY, A MAXIMUM OCCUPANCY DURING THE DAY WHEN A RENTER IS STAYING THERE. I HAVE ANOTHER, YOU YOU KIND OF TALKING ABOUT PEOPLE. I HAVE, I HAVE INVITED PEOPLE FROM MY CHURCH TO MY HOUSE FOR A NEW YEAR'S PARTY AND I'VE HAD BETWEEN 40 AND 50 PEOPLE COME. AND SO, YOU KNOW, AND THEN I HAVE HAD OTHER EVENTS AT MY PRIVATE HOME. I, YES, IT'S NOT AN S R T, BUT IT'S WRONG FOR SOMEBODY DOWN THE STREET TO HAVE THOSE. BUT IT'S OKAY FOR ME IN MY OWN HOME TO HOST. AND I HAVE PEOPLE OVER, WELL, I HAD PEOPLE A COUPLE OF WEEKS AGO, I HAD 16, I HAVE INVITE PEOPLE OVER TO PLAY MEXICAN TRAIN DOMINOES AND I HAD TWO TABLES OF 16. APPRECIATE THE COMMENT. LET'S GET STAFF A CHANCE TO, TO RESPOND AND THEN WE CAN MOVE ON WITH THAT. IF, IF I MAY, UM, YEAH, MR. VICE CHAIR, THIS IS MELISSA RAMIREZ, THE ASSISTANT DIRECTOR. THE WHOLE GOAL OF THE SHORT-TERM RENTAL ORDINANCE IS TO ENSURE WE ARE MAINTAINING THE CHARACTER OF THE NEIGHBORHOOD WITH THESE POSTINGS, WITH THE INTENT TO, UH, ADVERTISE AND HOST EVENTS IN A NEIGHBORHOOD. THIS IS THE SOLE REASON WHY WE HAVE OUR SHORTTERM RENTAL ORDINANCE. WE FEEL OUR ORDINANCE IS BALANCED. UH, THIS DID, THERE'S MANY PEOPLE IN THIS ROOM THAT WERE A PART OF THOSE STAKEHOLDER, UM, DISCUSSIONS AND TAKING THIS THROUGH SEVERAL BOARDS AND COMMISSIONS THROUGH TO CITY COUNCIL. OUR, UH, STATE LEGISLATION HAS HAD THIS ON THE TABLE FOR, UM, CONSIDERATION AND DOING SOMETHING DIFFERENT. THEY ARE, THEY, THEIR BILLS WERE NOT PASSED. OUR ORDINANCE STILL STANDS IT IS IN PLACE. AND AGAIN, IT WAS INTENDED TO PROTECT OUR NEIGHBORHOODS. IT IS A BALANCED ORDINANCE. SO I THINK WHAT WE HAVE ON THE TABLE TODAY IS A DECISION WHETHER OR NOT YOU ARE GOING TO REINSTATE HER PERMIT OR YOU ARE GOING TO SUPPORT STAFF'S DECISION. THANK YOU. IF, IF I, IF I CAN ADD ONE THING AS WELL. I, I UNDERSTAND THAT THERE ARE THREE ITEMS ON THE AGENDA TODAY RELATED TO PEER SPACE. WE HAVE HAD IN TOTAL FOUR ITEMS RELATED TO PEER SPACE LISTINGS COME BEFORE THIS BOARD OUT OF 3,200 ACTIVE PERMITS. THIS IS NOT AN OVERREACH OF STAFF TRYING TO ENFORCE THE ORDINANCE. THESE CASES REPRESENT A MINORITY OF, OF, OF ACTIVE LISTINGS THAT ARE OUT THERE. AND AGAIN, TO MY STATEMENT EARLIER, WE'VE REVIEWED DOZENS OF PEER SPACE LISTINGS THAT DON DON'T ADVERTISE, 30 PEOPLE THAT DON'T ADVERTISE CATERING, THAT DON'T ADVERTISE EVENTS, AND THEY'RE ALLOWED TO CONTINUE OPERATING. SO JUST BECAUSE THEY'RE ON PEER SPACE DOES NOT MEAN THAT WE'RE REVOKING. THERE ARE PLENTY OF PEOPLE UTILIZING THIS PLATFORM TO ADVERTISE AND [04:30:01] GROW THEIR BUSINESS THAT ARE NOT SUBSEQUENTLY ADVERTISING A VIOLATION OF THE CODE. THANK YOU. THANK YOU STAFF. AND REAL QUICK, I'M SORRY, UH, I'M MISSED THE, UH, VOICEMAILS THAT I HAVE TO PLAY FOR THIS. I APOLOGIZE. WE'RE GONNA PLAY THOSE NOW. UM, THERE'S 12 OF 'EM. YOU WANNA ELIMINATE THEM TO TWO MINUTES? CAN WE DO A MINUTE? THERE'S 12, YOU SAID 12. YEAH. UM, CAN, CAN WE DO A MINUTE IF WE CAN GET THE GIST OF WHAT THEIR POSITION IS? OKAY. THANK YOU. ONE MINUTE. MY NAME IS ROBERT SES. I LIVE AT 3 3 4. BARRY LOUISE, 2 1 0 4 3 8 2 7 6 4. CALLING IN REGARD TO ITEM NUMBER NINE AT 1649 WEST MAGNOLIA. I AM A NEIGHBOR WHO LIVES JUST A FEW BLOCKS AWAY AND I ENCOURAGE THE BOARD TO SUPPORT STAFF'S RECOMMENDATION FOR DENIAL AS THE APPLICANT ROBERT SIPES. ITEM NUMBER NINE, PART TWO. AS APPLICANT DISTINCTLY NOTED IN THEIR ADVERTISEMENT, THIS BUSINESS IS LOCATED ACROSS THE STREET FROM AN ELEMENTARY SCHOOL AND THERE ARE FAMILIES PUSHING STROLLERS DOWN THE SIDEWALK. HAVING A COMMERCIAL BUSINESS BRINGING IN UNFAMILIAR AND EXTENSIVE TRAFFIC TO THE NEIGHBORHOOD WHILE ALSO CREATING SITE LINE ISSUES FOR OTHER DRIVERS DECREASES THE SAFETY. ROBERT SIPES ITEM NUMBER NINE, PART THREE. IN NOVEMBER OF 2022, CITY COUNCIL APPROVED CHANGES TO THE U D C. IT IS IMPORTANT TO NOTE THAT THE PORTIONS OF THE CODE REGARDING LIMITATIONS ON ACTIVITY, THAT STR AND RESULTANT PENALTIES WERE NOT CHANGED. CODE IS CLEAR. COMMERCIAL ACTIVITIES AND S T R ARE VIOLATIONS. ROBERT, I'M CALLING ABOUT AGENDA ITEM NUMBER NINE AT 1649 WEST MAGNOLIA. MY NAME IS ALEX GARCIA. I LIVE AT 3 5 7 NORTH DRIVE SEVEN EIGHT TWO ZERO ONE. MY PHONE NUMBER IS (210) 264-1748. I'VE BEEN A RESIDENT FOR, IN THIS NEIGHBORHOOD FOR ALMOST FIVE YEARS. I'M CALLING TO OPPOSE THIS APPLICANT'S APPEAL. THIS IS A RESIDENTIAL PROPERTY NOT ZONED FOR HOURLY RENTAL. PLEASE VOTE NO THANK YOU. GOOD MORNING. MY NAME IS DREA GARZA, PRESIDENT OF THE MONTICELLO PARK NEIGHBORHOOD ASSOCIATION, P O BOX 1 0 0 3 1 5 SAN ANTONIO, TEXAS SEVEN EIGHT TWO ZERO ONE. MY PHONE NUMBER IS UH, (210) 643-4760. I AM CALLING REGARDING AGENDA ITEM NUMBER EIGHT, LOCATED AT 2 1 0 2 WEST KING HIGHWAY. THE MONTICELLO PARK NEIGHBORHOOD ASSOCIATION IS OPPOSED TO THE APPLICANT'S APPEAL. THE APPLICANT HELD MULTIPLE EVENTS IMPACTING THE RESIDENCE ON THE 2100 BLOCK OF WEST HIGHWAY AND IN VIOLATION OF THE SHORT TERM RENTAL ORDINANCE. AN EVENT REQUIRES A C TWO ZONING DESIGNATION AND IS INCOMPATIBLE WITH THIS HISTORIC SINGLE FAMILY HOME LOCATED IN THE MONTICELLO PARK HISTORIC DISTRICT. THE MONTICELLO PARK HISTORIC DISTRICT WAS CREATED TO PRESERVE AND ENHANCE THE CITY'S HISTORIC AND CULTURAL RESOURCES PLEASE. HELLO, I'M CALLING FOR AGENDA ITEM NUMBER NINE FOR 1 6 4 9 WEST MAGNOLIA. MY NAME IS AMBER NAVA GARCIA. I'M LOCATED OR RESIDE AT 3 5 7 NORTH DRIVE SEVEN EIGHT TWO ZERO ONE. MY PHONE NUMBER IS (210) 324-1801. I'VE BEEN A RESIDENT OF THIS COMMUNITY FOR ALMOST FIVE YEARS NOW. I'M CALLING IN OPPOSITION TO THE APPLICANT'S APPEAL AS THIS IS A RESIDENTIAL LOCATION AND IT IS NOT ZONED FOR HOURLY RENTAL. SO THEY ARE, UM, IN VIOLATION OF THE SHORT TERM RENTAL SURROUNDS. PLEASE VOTE NO THANK YOU. MY NAME IS ELIA RENA, 1723 WEST ATCH AREA CODE 2 1 0 2 7 9 7 2 4. I AM CALLING ABOUT AGENDA NUMBER 9 16 49 WEST MAGNOLIA. I AM OPPOSED TO THE APPLICANT'S APPEAL. NO EVENTS IN OUR RESIDENTIAL NEIGHBORHOOD OR NEAR WOOD LAWN ACADEMY. THERE IS NOT ENOUGH PARKING. THE APPLICANT VIOLATED THE SHORT TERM RENTAL ORDINANCE. PLEASE PROTECT MY COMMUNITY THAT I HAVE LIVED IN FOR 71 YEARS. JEFFERSON AND WOODLAWN LAKE. HI YES, THIS IS JAY LES, PRESIDENT OF WOODLAND LAKE COMMUNITY ASSOCIATION. THIS IS REGARDING ITEM NUMBER NINE, LOCATED AT 1 6 4 9 WEST MAGNOLIA. THE WOODLAND LAKE COMMUNITY ASSOCIATION IS OPPOSED TO APPLICANT'S APPEAL. THE PROPERTY ADVERTISES HOURLY RENTAL SPACE ON PEER SPACE AND BOOK TWO PHOTO SHOOTS. THIS PROPERTY IS ZONED SINGLE [04:35:01] FAMILY RESIDENTIAL AND DOES NOT HAVE ACCOMMODATIONS FOR AN EVENT CENTER WHICH REQUIRES A C TWO COMMERCIAL ZONING. PLEASE VOTE NOTE PRESERVE OUR NEIGHBORHOOD'S QUALITY OF LIFE. ALSO, THE JEFFERSON ELLO PARK NEIGHBORHOOD ASSOCIATION JOINS US IN SUPPORTING STAFF'S RECOMMENDATION FOR DENIAL. THANK YOU FOR YOUR TIME. HELLO, MY NAME IS NICK VANEL. I'M AT 3 0 5 CLUB DRIVE SEVEN EIGHT TWO ZERO ONE AND MY PHONE NUMBER IS (210) 548-3877. I'M CALLING REGARDING AGENDA ITEM NUMBER NINE AT 1649 WEST MAGNOLIA. I'VE BEEN A RESIDENT OF THIS COMMUNITY FOR 15 YEARS AND MY WIFE AND I ARE OPPOSED TO THE APPLICANT'S APPEAL. THE APPLICANT HAS HELD PHOTO SHOOTS AND ADVERTISED FOR HOURLY RENTAL OF THE SINGLE FAMILY RESIDENTIAL HOME. THAT'S A 1649 WEST MAGNOLIA. SO PLEASE VOTE NO TO PRESERVE OUR COMMUNITY'S QUALITY OF LIFE. THANK YOU. MY NAME IS ROBIN FOSTER, THREE 19 MARY LOUISE DRIVE, SEVEN EIGHT TWO ZERO ONE. MY PHONE NUMBER IS (210) 722-2828. I'M CALLING REGARDING AGENDA ITEM NUMBER 9 16 49 WEST MAGNOLIA. I'M OPPOSED TO THE APPLICANT'S APPEAL. THE APPLICANT HAS HELD PHOTO SHOOTS AND ADVERTISED FOR HOURLY RENTAL OF THE SINGLE FAMILY RESIDENTIAL HOME AT 1649 WEST MAGNOLIA. PLEASE VOTE NO TO PRESERVE OUR C'S QUALITY OF LIFE AND KEEP HOURLY EVENT CENTERS OUT OF RESIDENTIAL HOMES. THANK YOU. MY NAME IS VANESSA SABIA. MY HUSBAND IS KIRK WALLER. OUR ADDRESS IS 2030 WEST SUMMIT AVENUE 7 8 2 0 1. WE ARE CALLING ABOUT AGENDA ITEM NUMBER NINE B O A NUMBER ENDING IN 1 2 9 ADDRESS 1649 WEST MAGNOLIA. IF OUR UNDERSTANDING IS CORRECT THAT THE APPLICANT ADVERTISES FOR HOURLY EVENTS AND HOLDS PHOTO SHOOTS, WE ARE OPPOSED TO ANY APPEAL AS THIS IS IN VIOLATION OF THE SHORT-TERM RENTAL ORDINANCE. HOLDING EVENTS IS A COMMERCIAL USE AND NOT PERMISSIBLE IN OUR NEIGHBORHOOD. PLEASE VOTE NO TO PRESERVE OUR NEIGHBORHOOD'S QUALITY OF LIFE. THANK YOU. THAT IS THE END OF THE VOICEMAILS. THANK YOU. ALRIGHT. UM, AT THIS POINT I'D ASK THE APPLICANT TO COME FORWARD AND PROVIDE ANY FINAL REBUTTAL. YOU'VE HEARD THE COMMENTS BOTH ON THE VOICEMAILS AND PUBLIC, UH, TESTIMONY. SO I THINK THE ONLY THING I HAVE TO ADD IS THAT THE ONE VOICEMAIL WHICH REFERENCED HAVING HELD MULTIPLE EVENTS WAS TALKING ABOUT THE MO IT WAS THE WEST KING'S HIGHWAY ADDRESS WAS THE ONE SHE GAVE, WHICH IS NOT MY PROPERTY. UM, I DON'T THINK I HAVE ANYTHING ELSE TO ADD UNLESS ANYONE HAS ANY QUESTIONS. ANY QUESTIONS, FINAL QUESTIONS FOR MS. GALBRATH. HEARING NONE, THANK, THANK YOU, MA'AM. THANK YOU. HEARING NONE, I CLOSE THE PUBLIC PORTION. I'D ASK A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION ORIAN MR. ORIAN REGARDING CASE NUMBER BO O A DASH 23 DASH 1 0 3 0 1 29. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE APPEAL FOR THE PROPERTY SITUATED AT 1649 WEST MAGNOLIA AVENUE, APPLICANT BEING AUTUMN RE BECAUSE THE INFORMATION PROVIDED BY THE APPLICANT CHOSE THAT CITY STAFF MADE AN ERROR IN REVOKING THE SHORT-TERM RENTAL PERMIT AND A MOTION. SECOND. SECOND, MR. MANUS, UH, DISCUSSION MR. DORIAN? YEAH, I'M ACTUALLY GONNA SIDE WITH THE APPLICANT ON THIS ONE. UH, AND THE REASON IS IS THAT SHE, THIS SEEMS LIKE AN TO BE AN ADVERTISING ISSUE. SHE ADVERTISED ON PEER SPACE V R B O AND AIRBNB. TWO OUT OF THE THREE MAKE NO MENTION OF, UH, FOUR EVENTS, HOURLY RENTAL, HUGE PARTIES. UH, I THINK IT'S THE INTERACTION BETWEEN THE SPARE PEERSPACE APP, WHICH WHICH WAS AN UNINTENTIONAL, UNINTENTIONAL, UH, RESULT. UH, AND, AND I'M, AND I DON'T REALLY HOLD ANY ILL WILL TO THE CITY EITHER. I THOUGHT THAT THEY SAW THAT THEY FELT LIKE IT VIOLATED, UH, THE, THE TEXT OF THE ORDINANCE, BUT I THINK THIS IS AN INTENT ISSUE. I DON'T THINK THAT THAT SHE HAD THE INTENT, UH, OR TO TO DO EVENTS AND, AND, AND 30 MEMBER PARTIES, LIKE THE OTHER CASES WE HEARD ALSO, WE DIDN'T HEAR ANY SPECIFIC, UH, ARGUMENTS, UH, OR VIOLATIONS. YOU KNOW, LIKE THE POLICE WEREN'T CALLED OUT THERE. UH, A LOT OF THE TESTIMONY WE HEARD FROM THE PUBLIC WERE, WERE, DIDN'T INCLUDE ANY SPECIFIC, UH, THINGS THAT OCCURRED AT THIS SPECIFIC ADDRESS. I THINK THIS IS JUST A MISCOMMUNICATION AND I JUST CAN'T HOLD THE APPLICANT, UM, UH, THIS AGAINST HER. SO I'LL BE CITING WITH THE APPLICANT, MR. MANA. UM, I PROBABLY COULD BE IN DISAGREE WITH MY COLLEAGUE. UM, YOU KNOW, AGAIN, I I I CAN'T SEE THAT THE CITY STAFF MADE AN ERROR. UM, AND SO, [04:40:01] UM, YOU KNOW, KIND OF ALONG THE SAME LINES, UM, WITH REGARDS TO WHAT WAS ADVERTISED, UM, ON THE PEER SPACE VERSUS, UH, THE REST OF THE, THE REST OF THE DOCUMENTS THAT WERE ADVERTISED. SO THERE'S A DIS A A DELTA THERE AND, AND YOU KNOW, THE, AND YES, I'LL, I'LL BE VOTING IN OPPOSITION OR YEAH. VOTING, UH, TO NOT GRANT THE APPEAL. ANY OTHER COMMENT? HEARING NONE. LET'S TAKE A ROLL CALL. VOTE CHAIR. ORIAN? YES, MR. MANNA. UM, I WILL BE VOTING AGAINST THE APPEAL. MR. SPILLMAN NOT IN SUPPORT. MR. CODDLE FOR THE APPEAL. MR. MENCHACA SUPPORT THE APPLICANT. MR. DEAN? I DO NOT CONCUR. MS. CRUZ, I'LL SUPPORT THE APPLICANT. MR. VASQUEZ, I'M FOR THE APPEAL. MR. OZUNA, I SUPPORT THE, A APPLICANT AS WELL. MS. HAYES, I DO NOT SUPPORT. OKAY. UH, IN THE COUNT I HAVE SEVEN IN FAVOR OF THE APPLICANT AND THREE IN OPPOSITION. UNFORTUNATELY, THE VARIANCE HAS NOT PASSED. UH, PLEASE GET WITH THE, UM, I'M SORRY. NO, IT WAS 6 4 6 4 6 4 6 4. OKAY. SIX FOUR. UM, SO UNFORTUNATELY THE VARIANCE HAS NOT PASSED. PLEASE GET WITH STAFF FOR, UH, REMEDIES HERE. THANK YOU. NEXT CASE, PLEASE. ALRIGHT. ALL RIGHT. THE LAST ITEM, UH, RELATED TO SHORT-TERM RENTALS ON THE AGENDA TODAY IS BO O A 23 DASH ONE 40. THIS IS LOCATED AT 2009 WEST MULBERRY AVENUE IN COUNCIL DISTRICT SEVEN. THE APPLICANT IS BARBARA, UH, BARBARA TAVARES. PARDON ME. THIS IS AN APPEAL OF THE, UH, DECISION TO REVOKE THE SHORT-TERM RENTAL PERMIT. PROPERTY IS ZONE R SIX H RESIDENTIAL SINGLE FAMILY MONTICELLO PARK, HISTORIC AIRPORT HAZARD OVERLAY DISTRICT. THIS ONE IS A LITTLE DIFFERENT THAN THE FIRST THREE CASES. THIS DOES NOT HAVE ANYTHING TO DO WITH APPEARS SPACE LISTING. UH, THE SUBJECT PROPERTY INITIALLY APPLIED FOR A SHORT-TERM RENTAL PERMIT ON APRIL 3RD OF THIS YEAR. SO NOT THAT LONG AGO. UH, IN OUR REVIEW OF THAT APPLICATION, WE NOTICED ON THE SITE PLAN THAT IT INCLUDED AN ADVERTISEMENT FOR A, UH, FOR A CASITA. SO THAT, UH, KIND OF IMMEDIATELY DO YOU NEED TO MAKE AN ANNOUNCEMENT? ONE, ONE SECOND PLEASE. UH, THE TIME IS OF 5 55. UH, MR. COWELL, ARE YOU, YOU'RE LEAVING THE, THE BOARD. OKAY. SO WE ARE DOWN TO WHAT, NINE MEMBERS NOW. SO AS A, UM, COURTESY TO THE APPLICANT, I WOULD LET Y'ALL KNOW THAT WE'RE DOWN TO NINE MEMBERS. SO, UH, IT WOULD TAKE NINE CONCURRENT VOTES OF, OF EVERY MEMBER HERE OF THE BOARD TO PASS WHATEVER MOTION OR VARIANCE THAT YOU HAVE. SO WE COULD CONTINUE ON IF YOU'D LIKE, OR WE COULD AS A COURTESY ALLOW YOU TO KINDA SEE WHERE THE VOTES ARE GOING, UH, FOR THE CASE. AND IF YOU'D LIKE TO ASK FOR CONTINUANCE, UH, WE WOULD ALL, WE WOULD ALLOW YOU TO DO THAT AND, BUT AT LEAST, UH, GET A PULSE OF WHERE THE BOARD IS GOING WITH IT. SO, SURE. UH, DURING OUR REVIEW OF THIS APPLICATION, WE NOTICED THAT THE SITE PLAN INCLUDED A, UH, A CASITA OR A DETACHED STRUCTURE IN THE BACKYARD AND STAFF. THAT'S KIND OF A RED FLAG FOR US. UH, IT WAS MENTIONED HERE EARLIER TODAY. WE JUST WENT THROUGH A U D C AMENDMENT CYCLE THAT CHANGED SOME RULES RELATIVE TO ACCESSORY DWELLING UNITS. SO WE WANTED TO QUESTION THE APPLICANT, MAKE SURE WE HAD A GOOD UNDERSTANDING OF WHAT THAT STRUCTURE WAS. UH, IN THOSE, UH, EMAIL EXCHANGES, WE WERE INFORMED BY THE APPLICANT THAT IT'S NOT A FULL UNIT. IT DOESN'T EVEN HAVE A KITCHEN. AND SOMETIMES WE SEE THAT WE MIGHT SEE A HOUSE WITH A, A POOL HOUSE. IT'S GOT A BATHROOM AND A TV ROOM, BUT IT DOES NOT MEET THE DEFINITION OF A UNIT BEING A PLACE TO SLEEP, A RESTROOM AND A DEDICATED COOKING AREA. UH, THERE WERE EMAILS BACK AND FORTH BETWEEN STAFF VERY EXPLICITLY CLARIFYING, UH, THAT THE PROPERTY, IF IT'S GOING TO BE LISTED, COULD ONLY BE LISTED ONCE. YOU COULD NOT HAVE MULTIPLE LISTINGS, UH, UNDER ONE PERMIT. THAT WAS CONFIRMED. AS UNDERSTOOD IN EMAIL EXCHANGES WITH STAFF, UH, WE APPROVED THE PERMIT ON APRIL 24TH, 2023. AND SO IT WAS A SURPRISE ON MAY 11TH, JUST A COUPLE WEEKS LATER, THAT WE SAW THAT THE APPLICANT WAS ADVERTISING TWO LISTINGS ON AIRBNB. DESPITE OUR ATTEMPTS TO CLARIFY THAT, THAT WAS, UH, NOT PERMITTED. I'M GONNA GO THROUGH THE CODE REFERENCES AGAIN. YOU CAN SEE IN THE, UH, IN THE FLOOR PLAN HERE THAT WAS SUBMITTED OR THE SITE PLAN THAT WAS SUBMITTED FOR [04:45:01] THE PERMIT. THAT DETACHED STRUCTURE IN THE REAR, THAT YELLOW, IT SAYS BEDROOM THREE. UH, DOES NOT INCLUDE ANY INFORMATION ABOUT A KITCHEN OR A KITCHENETTE. AS WAS TOLD, THE STAFF DOESN'T HAVE ONE. IT'S ONLY GONNA BE RENTED AS PART OF THE MAIN, UH, AS PART OF THE MAIN HOUSE, NOT AS A SEPARATE LISTING. THIS IS THE SUBJECT PROPERTY AND WE WILL TAKE A LOOK AT A COUPLE OF THE HOMES AROUND IT. HERE AGAIN, HERE IS THE EMAIL, UH, CLARIFICATION WHERE WE, WE CERTAINLY ACROSS MULTIPLE EMAILS CLARIFY THAT, YOU KNOW, THE CASITA ISN'T CONSIDERED A UNIT BECAUSE WE WERE TOLD IT DIDN'T HAVE A KITCHEN. UM, WE, LET ME PULL TO MY NOTES HERE. SORRY, I'VE GOT THESE HIGHLIGHTED. YEAH, THAT WE HAD RIGHT HERE. HOWEVER, SINCE THE CASITA DOES NOT HAVE A KITCHEN, IT'S NOT CONSIDERED A FULL UNIT, THEREFORE CAN ONLY BE ONE PERMIT ISSUED TO THE PROPERTY. THE APPLICANT SAYS ONE PERMIT IS FINE WITH MEYE FROM THE APPLICANT. YES, WE WILL ONLY RENT THE CASITA AS PART OF THE HOUSE, NOT SEPARATELY. WE DID OUR BEST TO STAFF TO CLARIFY WHAT THE RULE WAS SO AS TO AVOID A VIOLATION. AND THEN WE SEE TWO SEPARATE LISTINGS FOR THAT PROPERTY. THIS IS THE MAIN HOUSE, THIS IS THE CASITA. UH, WE GOT A PICTURE AFTER THE FACT OF THE KITCHEN. UH, WITHIN THAT PARTICULAR CASITA, WHEN WE WERE TOLD THERE WAS NO KITCHEN OR KITCHENETTE, THEY ADVERTISE, YOU KNOW, BEDROOM, SMALL OFFICE, FULL BATH AND A KITCHENETTE. SO BASED UPON THIS VIOLATION OF THE ORDINANCE, STAFF REVOKED THE PERMIT AND THE APPLICANT IS HERE TODAY APPEALING. UM, AGAIN, ASCERTAINING THAT STAFF MADE AN ERROR AND REVOKING THAT PERMIT. OF COURSE, STAFF DOES NOT FEEL WE MADE AN ERROR. WE ACTUALLY FEEL WE WENT ABOVE AND BEYOND TO CLARIFY THE ORDINANCE SO AS TO AVOID THE SITUATION THAT WE'RE IN TODAY. ANY QUESTIONS? THANK YOU, SIR. ANY QUESTIONS FOR STAFF MR. ORIAN? YEAH, SO, UH, IF, IF THEY HAVE TWO UNITS AND THEY ONLY ADVERTISE FOR ONE, YOU'RE REVOKING THE PERMIT THEY GOT ON THE ONE UNIT. IF, IF THIS FAILS TODAY AND THEY, AND THEIR PERMIT'S REVOKED, DO THEY, CAN THEY STILL APPLY FOR THE ONE ON THE SECOND UNIT OR DO THEY HAVE TO WAIT 12 MONTHS TO APPLY FOR BOTH? THEY, THEY WOULD HAVE TO WAIT 12 MONTHS BECAUSE WHAT THE ORDINANCE SAYS IS THAT IT'S TIED TO THE PROPERTY AND OPERATOR FOR THAT PROPERTY. LET ME CLARIFY THAT A LITTLE BIT. LET'S SAY I OWN 10 SHORT TERM RENTALS AND I BREAK THE RULES ON ONE OF THEM. I DON'T GET ALL 10 REVOKED. I GET THE ONE REVOKED FOR THE PROPERTY ON WHICH THE VIOLATION OCCURRED. BUT WE HAVE, WE HAVE, AND THIS REALLY FOR, I MEAN THE BOARD, UH, WAS CERTAINLY INVOLVED IN THE REVIEW OF THE, UH, U D C AMENDMENTS THAT CAME TO THIS BOARD. YOU'RE PROBABLY WELL AWARE THAT THE A D U ORDINANCE WAS ONE OF THE TWO MOST HOTLY CONTESTED ITEMS, UH, UP IN THAT SESSION. AND IT'S FOR GOOD REASON. I THINK THAT THE MAIN CONCERN OF THE CITY, THE MAIN CONCERN OF A LOT OF GROUPS WAS WE DON'T WANT TO SEE ACCESSORY DWELLING UNITS BEING USED AS SHORT-TERM RENTALS OR TURNED INTO, UH, USED FOR PROPERTIES THAT ARE JUST GENERATING THE MAXIMUM INCOME STREAM. WE WERE VERY SENSITIVE AND THE AMENDMENTS, I THINK THAT WE ULTIMATELY PASSED. AND AGAIN, THAT IS WHY STAFF TOOK SO MUCH PRECAUTION IN THE REVIEW OF THIS APPLICATION. WE HIGHLIGHTED IT THREE TIMES, FOUR TIMES TO SAY, LISTEN, YOU CAN GET THE PERMIT, YOU QUALIFY FOR THE PERMIT, BUT YOU CANNOT RENT THAT ACCESSORY DWELLING UNIT SEPARATELY. I, I'M JUST TRYING TO TAKE THIS MOMENT JUST TO EDUCATE MYSELF AND POSSIBLY THE BOARD. SURE. IF THERE WAS A ROOT ADDRESS FOR THE PROPERTY AND A UNIT 1 0 1 AND A UNIT 1 0 2, THEY THEY, IT'S THE ROOT ADDRESS THAT IS HAS TO WAIT THE YEAR, CORRECT? THAT'S CORRECT. OKAY. THANK YOU FOR THE CLARIFICATION. AND WOULD IT MATTER IF IT'S A HOSTED OR NON HOSTED TYPE SHORT TERM RENTAL, UH, APPLICATION? IT, IT WOULD NOT. SO WHETHER OR NOT YOU QUALIFY FOR A TYPE ONE OR TYPE TWO, YOU KNOW, WE CAN, IF THE APPLICANT CAME TO US AND SAID, LISTEN, I DO WANT A SEPARATE PERMIT FOR THAT OTHER UNIT, WE WOULD'VE ADVISED THEM ON THE SPECIAL EXCEPTION PROCESS. THEY WOULD BE BEFORE THE BOARD, YOU KNOW, FOR A DIFFERENT REASON. ASKING FOR PERMISSION. UM, BUT NO, WHETHER IT'S A TYPE ONE OR TYPE TWO DOES NOT MATTER IN THIS PARTICULAR INSTANCE BECAUSE IT WOULD BE TWO SEPARATE UNITS ON THAT PROPERTY. THANK YOU. LET'S SEE. ANY OTHER QUESTIONS FOR STAFF? HEARING NONE, LET'S SET THE APPLICANT. UM, PLEASE COME FORWARD. YOU'VE HEARD STAFF'S PRESENTATION SO AYE. THANK YOU SO MUCH. UM, I'M NOT GONNA DISAGREE WITH, WE GOT SOME GOOD HELP FROM THE CITY WHEN WE WERE TRYING TO GO BACK AND FORTH TO DECIDE HOW TO SUBMIT AND TO UH, RUN OUR R AND B. I SAY OUR, I BOUGHT THIS HOUSE WITH MY SISTER. IT HAS A TWO BEDROOM, ONE BATH MAIN HOUSE AND A POOL HOUSE IN THE BACK. I LIVE IN THE POOL HOUSE IN THE BACK. I APPLIED FOR A PERMIT. UM, AND I WORKED WITH THE CITY. THIS [04:50:01] WAS BACK NOVEMBER, SO ALREADY SOME OF THE INFORMATION ON THERE, IT SAYS THE ORIGINAL PERMIT WAS IN APRIL. IT WAS ACTUALLY IN DECEMBER OF 2022. AND WE RAN THE AIRBNB WITH THE FRONT OF THE HOUSE AND I LIVING IN THE BACK OF THE HOUSE, I MEAN IN THE POOL HOUSE SO FAST. WE'VE PAID ABOUT $3,500 IN TAXES. WE GOT IMMEDIATE BOOKINGS, WE WERE BOOKING STRAIGHT AWAY. IT'S A GREAT HOUSE, GREAT NEIGHBORHOOD. WE HAD, UH, SUMMER'S COMING UP. SO MY SISTER IS DECIDED TO GO OUT OF TOWN FOR A COUPLE WEEKS. I HAVE A GREAT AUNT WHO'S DECIDED TO GO OUTTA TOWN FOR A COUPLE OF WEEKS. THEY'VE ASKED ME, CAN YOU STAY AT MY PLACE AND LOOK AFTER OUR ANIMALS, LOOK AFTER OUR HOUSE. NO PROBLEM. I SAID, WHY DON'T WE RENT THE CASITA OUT? SO HERE'S A SITUATION WITH THE CASITA. I APPLIED FOR THE PERMIT AND I WAS, UH, GRANTED A TYPE ONE PERMIT AND THE PERSON THAT WE WORKED WITH BEFORE NO LONGER WORKS AT THE CITY SAID WE GET A TYPE ONE PERMIT. OKAY, GREAT. HE SAID, AND I SAID, WE HAVE A THIRD BEDROOM IN THE BACK, BUT IT'S NOT READY YET. I'M LIVING IN IT. THE HOUSE ISN'T READY. WHAT DO WE DO WHEN WE WANNA ADD? HE SAYS, CALL BACK IN. WE CAN MAKE AN AMENDMENT TO YOUR PERMIT, WHICH IS WHAT I DID IN APRIL. SO THE DATE THAT THE CITY HAD WAS WHEN I CALLED BACK IN MY LAST UH, UH, UH, SUPPORTER OR THE, THE HELPER, THE ADVOCATE NO LONGER WORKS THERE. I GOT A NEW PERSON. I SAID, HERE'S OUR SITUATION. WE'D LIKE TO ADD THE CASITA NOW AS PART OF IT. SO NOW WE HAVE A THREE BEDROOM, TWO BATH AVAILABLE, NOT TWO BEDROOM, ONE BATH. THE RESPONSE I GOT BACK WAS, OH, HERE YOU GO. FILL OUT YOUR A HUNDRED DOLLARS, YOU CAN GET THAT SECOND PERMIT AND WE CAN MAKE THAT HAPPEN. WE CAN MAKE THAT AMENDMENT. SO I DO, THEN I GOT A MESSAGE THAT SAYS, OH, YOU DO NOT QUALIFY FOR A TYPE ONE PERMIT. YOU QUALIFY FOR A TYPE TWO DIFFERENCE BEING TYPE ONE. YOU LIVE THERE, TYPE TWO, YOU DON'T LIVE THERE. I SAID, I DO LIVE THERE. NO YOU DON'T. YES I DO. NO YOU DON'T. YES I DO. WE CAN GO INTO THE DETAILS OF WHY THEY THINK I HAVE A DRIVER'S LICENSE THERE. I GET MY MAIL THERE, I HAVE THE UTILITIES THERE, I LIVE THERE. I SAID, WHAT? REGARDLESS WHAT, WHAT CAN I DO ABOUT THE AIRBNB? 'CAUSE SHE SAYS, YOU NO LONGER, YOU CAN'T OPERATE. WE CAN GIVE YOU A TYPE TWO. OKAY, I'LL JUST DO THAT. SHE SAYS, THE PERSON WE SPOKE TO, WHAT DO I WHAT ABOUT THE CASITA? SHE SAYS, YOU CANNOT ADD THE CASITA AS A SEPARATE RENTAL UNIT. NOT A PROBLEM. I DON'T WANT TO, I ONLY WANNA BE ABLE TO SHOW WHEN I'M OUTTA TOWN THAT THIRD BEDROOM'S AVAILABLE. NO PROBLEM. EASY. I CALL AIRBNB. I DON'T EVEN READ THE SUPPORT DOCUMENTS. I WAIT FOR A HUMAN ON THE PHONE. I TELL 'EM THIS IS EXACTLY WHAT I'M ALLOWED TO DO. HOW DO I MAKE THIS HAPPEN? THE RESPONSE I GOT WAS, THIS IS HOW YOU DO IT. YOU HAVE A CALENDAR FOR YOUR MAIN HOUSE. THAT IS THE MAIN PROPERTY. IF YOU HAVE A SECONDARY BEDROOM THAT'S ONLY AVAILABLE CERTAIN DAYS, WE HAVE A SEPARATE CALENDAR FOR THAT. YOU BLOCK THE DAYS THAT YOU CAN AND THEN WE NEST THE TWO CALENDARS TOGETHER. SO YOU CAN ONLY RENT ONE THAT YOU CANNOT RENT THEM SEPARATELY. ONLY ONE GOES WITH THE OTHER. THEN I WAS TOLD THE SECOND THING YOU NEED TO DO IS YOU NEED TO PUT IN THE ADVERTISEMENT ON THE DESCRIPTION ON THE MAIN HOUSE. THERE IS A SMALLER BEDROOM AVAILABLE FOR PEOPLE. IF YOU NEED EXTRA SPACE, YOU PUT THE ADVERTISEMENT ON THE SMALLER HOUSE. THERE IS A UH, YOU CAN ONLY GET THIS IF YOU ARE ALREADY RENTING THE BIG HOUSE, WHICH IN MY MIND QUALIFIED AS YOU CANNOT RENT THEM SEPARATELY. WE'RE NOT GONNA HAVE TWO DIFFERENT PEOPLE. WE'RE NOT GONNA HAVE TWO DIFFERENT, UM, REVENUE STREAMS. IT'S JUST GONNA BE DO YOU WANT A TWO BEDROOM OR DO YOU WANT A THREE BEDROOM? AND THAT THREE BEDROOMS ONLY AVAILABLE WHEN I'M NOT THERE. AND THE ONLY WAY FOR ME TO SHOW WHEN I'M GONNA BE THERE AND NOT THERE WAS TO HAVE A SEPARATE CALENDAR. AIRBNB COM UH, ASSURED ME THIS IS HOW WE DO IT AND YOU'LL BE IN FULL COMPLIANCE. SO I DO, I DO THAT. I POSTED IT ON A WEDNESDAY. I GOT A NOTICE ON THURSDAY. YOU'RE IN VIOLATION. YOUR PERMIT HAS BEEN REVOKED. IF YOU CONTINUE, YOU HAVE $500 A DAY IN FINE SUBJECT. YOU'RE SUBJECT TO THAT. WE HAD A FULL MONTH OF MAY SCHEDULED. THIS WAS, THIS HAPPENED IN MID-MAY. WE HAD A FULL MONTH OF JUNE SCHEDULED. I CANCELED EVERY ONE OF THOSE PEOPLE. WE GAVE THEM A HUNDRED PERCENT MONEY BACK. SO WE WOULD NOT AT ALL BE, UH, NON-COMPLIANCE. I WATCHED THE VIDEOS OF THAT. THERE WERE PEOPLE HERE WHO HAD BEEN IN NON-COMPLIANCE FOR YEARS WHO HADN'T PAID TAXES FOR YEARS. THAT IS NOT US. WE'VE BEEN PAYING DILIGENTLY. SO MY QUESTION IS, UM, A COUPLE THINGS. ONE, ALL I REALLY WANNA UNDERSTAND IS WHAT KIND OF PERMIT DO I QUALIFY FOR? TYPE ONE OR TYPE TWO. AND THAT CAN BE SAFE FOR A DIFFERENT CONVERSATION. AND THEN THE SECOND ONE IS, GIVEN THE PROPERTY THAT I HAVE AND THE BEDROOM THAT I HAVE IN THE BACK, HOW AM I ALLOWED TO RENT IT? I TRIED TO ASK SOME QUESTIONS TO MOUNT THIS APPEAL. I'LL SAY, WELL, CAN YOU PLEASE TELL ME WHAT'S THE DEFINITION OF A A A, YOU KNOW, HOW CAN I MAKE THIS WORK? AND I WAS REPEATEDLY TOLD FROM MEMBERS OF THE CITY, YOU HAVE TO BRING YOUR APPEAL TO THE BOARD. HE SAID, WELL, YOU SAID WE CANNOT RENT IT SEPARATELY. WE'RE NOT RENTING IT SEPARATELY. IT STATES CLEARLY IN BOTH DESCRIPTIONS, THE CALENDARS ARE LINKED. YOU CANNOT RENT ONE WITHOUT THE OTHER. THERE ARE NOT TWO RESERVATIONS. THEY SAY NO TO RESERVATIONS. AND I COMPLIED. I'M SORRY, YOU'RE GONNA HAVE TO BRING IT TO [04:55:01] THE APPEAL. SO THAT'S WHAT, THAT'S WHAT I'M DOING. I CAN GUARANTEE YOU THAT WHATEVER DIRECTION YOU TELL ME I CAN PROCEED IN IS WHAT WE WILL FOLLOW. I'M A TAXPAYER, I'M LAW ABIDING. WE'VE BEEN OPERATING THIS WELL, UM, FOR SEVERAL MONTHS AND UH, ALL WE WANNA DO IS CONTINUE AND THEN HAVE ME HAVE A PLACE TO LIVE IN THE BACK. THANK YOU VERY MUCH. THANK YOU. LET'S SEE IF WE, IF WE HAVE ANY QUESTIONS. OH, CAN I ADD ONE MORE THING, JUST ONE MORE THING. EVEN ON THE, THE UH, DISPLAY THAT THEY PUT ON THERE, THE DESCRIPTION AND I HAVE IT WRITTEN. THE DESCRIPTION SAID, I THINK APPLICANT, YOUR MICROPHONE TURNED OFF ON ACCIDENT. OKAY, THANK YOU. IT SAYS, UH, CLEARLY MY SISTER'S CASITA FOR GUESTS OF MY SISTER'S PLACE. THERE IS IN NO WAY COULD YOU. SURE. AND IT'S ON THERE, RIGHT THERE. MY SISTER'S CASITA FOR GUESTS OF MY SISTER'S PLACE, THE DESCRIPTION AND THE DESCRIPTION ABOVE MY SISTER'S PLACE OF AVAILABLE ONLY FOR GUESTS OF MY SISTER'S PLACE WHO NEED A LITTLE EXTRA SPACE. I TOOK THOSE WORDS FROM THE EMAIL I GOT FROM THE CITY WHO SAYS, I UNDERSTAND YOU JUST WANNA OFFER A LITTLE BIT OF EXTRA SPACE. YES, THAT'S ALL WE WANNA OFFER. I PUT THOSE EXACT WORDS IN THERE. IT'S BEEN CONVERTED TO A ONE BEDROOM, ONE BATH. IT DOES HAVE A KITCHENETTE AND THAT IT HAS A SINK. I PUT THAT ON THERE SO PEOPLE WOULD UNDERSTAND. THEY'D HAVE A PLACE TO PUT A, A CUP OF COFFEE AND MAKE THEIR COFFEE. ALRIGHT, THANK YOU. LET'S SEE IF ANY QUESTIONS FOR THE APPLICANT. ALRIGHT, BY THE WAY, WE DID NOT GRANT IT STORY. SO YOU ORIGINALLY GRANTED A TYPE ONE PERMIT? YES SIR. AND WAS IT CONVERTED TO THE TYPE TWO? UH, APPARENTLY IT WAS, HERE'S WHAT I THOUGHT HAPPENED. I APPLIED FOR THE TYPE ONE AND WAS GRANTED THE TYPE ONE, I PAY AN EXTRA A HUNDRED DOLLARS TO GET THAT SECOND PERMIT THAT I THOUGHT WAS GONNA BE NEEDED TO ADD THE THIRD BEDROOM. THAT'S THE DIRECTION I HAD GOTTEN BACK IN NOVEMBER. THAT'S WHAT WE WOULD NEED TO DO. WHEN I GAVE THAT A HUNDRED DOLLARS, UM, THE PERSON I SPOKE TO AT THE OFFICE SAID, OH, YOU DON'T QUALIFY FOR A TYPE ONE, WE HAVE TO CHANGE YOU TO A TYPE TWO. WHAT I UNDERSTAND NOW IS, UH, THEY USED THAT A HUNDRED DOLLARS TO MOVE IT OVER TO A TYPE TWO. I THOUGHT I STILL HAD TWO PERMITS. SO, SO NOW THAT MOVE QUESTION FOR STAFF THEN. SO WE HEARD TESTIMONY FROM THE APPLICANT THAT, THAT SHE LIVES THERE. UM, AND DO Y'ALL VERIFY DRIVER'S LICENSES WHEN YOU USE PERMITS TO SEE WHERE SHE LIVES? IF IT'S A TYPE ONE, WE CAN, LET ME KIND OF EXPLAIN TO YOU WHAT HAPPENED HERE. SO THE PERMIT WAS INITIALLY ISSUED AS A TYPE ONE. WHENEVER AN APPLICANT WANTS TO COME BACK AND CHANGE THE, UH, THE PERMIT ITSELF, WHETHER IT'S A FLOOR PLAN, THE DESIGNATED 24 HOUR CONTACT, WHATEVER IT IS, WE, UH, OR OR ORDINANCE ACTUALLY SAYS THERE'S NON TRANSFERABILITY. IF YOU'RE GONNA UPDATE IT, YOU HAVE TO SUBMIT A NEW APPLICATION SO WE CAN MAKE SURE THAT THAT NEW INFORMATION IS ON THE BOOKS. AT THE TIME THAT THE NEW APPLICATION AND THE ASSOCIATED $100 APPLICATION FEE CAME IN, WE TOOK A LOOK AT THE PROPERTY, IT WAS APPLIED FOR AS A TYPE ONE. AGAIN, HOWEVER, WE FOUND THAT THERE WAS A HOMESTEAD EXEMPTION REGISTERED TO ANOTHER HOME IN SAN ANTONIO. AND IT WAS FOR THAT REASON THAT WE SAID, LISTEN, WE CAN DO THIS ONE OF TWO WAYS. IF YOU'RE ASCERTAINING THAT YOU LIVE ON THIS PROPERTY, YOU KNOW, THE HOMESTEAD EXEMPTION NEEDS TO REFLECT THAT OR YOU CAN PROCEED AS A TYPE TWO ON THIS PARTICULAR BLOCK FACE. THE TYPE TWO DENSITY HAD NOT BEEN MET. SO THAT WAS NOT GOING TO NECESSITATE A BOARD OF ADJUSTMENT SPECIAL EXCEPTION. AND OWING TO THE BELIEF THAT THAT WAS THE SIMPLER PROCESS, THAT'S WHAT SHE ULTIMATELY DECIDED TO DO. THE TYPE ONE WAS DENIED BECAUSE YOU CANNOT SIMULTANEOUSLY CLAIM YOU LIVE AT ONE PROPERTY UNTIL THE TAX OFFICE THAT YOUR PRIMARY RESIDENCE IS AT A DIFFERENT, BUT I HAVE AN EXPLANATION FOR THAT. WELL, HOLD ON, HOLD ON. UH, SO AS A, SO NOW THAT SHE'S A TYPE TWO, SHE CAN STILL LIVE THERE ONCE IN A WHILE IF SHE WANTS TO, RIGHT? SURE. OKAY. AND SO IS, SO THE MAIN ISSUE IS, IS WHETHER OR NOT SHE'S RENTING OUT TWO DIFFERENT UNITS AS OPPOSED TO ONE. IS THAT, THAT THAT'S WHAT THIS IS ALL ABOUT? NO, THE THE HEART OF THIS ISSUE IS THAT THE ACCESSORY DWELLING UNIT ORDINANCE, WHICH BY THE PRESENCE OF A KITCHEN OR KITCHENETTE AS IT'S ADVERTISED, THIS IS A UNIT, THIS IS A STANDALONE UNIT. AND WHAT THE CITY'S ORDINANCE SAYS IS THAT IF YOU OCCUPY A PARTICULAR STRUCTURE WITH AN A D U, YOU ARE NOT ALLOWED TO GENERATE REVENUE OFF OF THE OWNER OCCUPIED UNIT THAT IS IN THE ACCESSORY DWELLING UNIT ORDINANCE. THAT WAS JUST THE SUBJECT OF THE CODE AMENDMENT CYCLE. IN FACT, THAT PARTICULAR PROVISION DIDN'T CHANGE. SO WE HAVE AN S T R ISSUE AND WE HAVE AN A D U ISSUE IN PLAY IN THIS PARTICULAR CASE. YEAH, I I UNDERSTAND WHAT'S GOING ON NOW. SO SHE, SO SHE CAN'T GROUP 'EM TOGETHER. SHE WOULD HAVE TO GET TWO TYPE TWO UNITS. BUT DO I IF THAT UNIT DOES NOT HAVE A COOKING FACILITY, NO, HOLD ON. I I'M JUST TRYING TO MAKE SURE EVERYONE ON THE BOARD UNDERSTANDS. SO SHE WOULD HAVE TO GET A TYPE TWO FOR TWO UNITS, WHICH MIGHT NEED A SPECIAL EXCEPTION BY THE BOARD, [05:00:01] BUT IF SHE GOT ONE, COULD SHE STILL RENT IT OUT AS ONE OUTTA CURIOSITY? THEY, THEY WOULD BE TWO SEPARATE UNITS POSTED AS TWO SEPARATE LISTINGS WITH TWO SEPARATE PERMIT NUMBERS. SO THERE'S NO WAY FOR HER TO RENT THIS OUT AS ONE RENTAL IF SHE DOESN'T LIVE THERE BECAUSE THERE IS TWO UNITS, CORRECT. THAT THAT'S CORRECT. THE REALLY, THE ALTERNATIVE TO THAT IS A REZONING TO ALLOW FOR TWO UNITS TO BE RENTED AS A PRIMARY USE OF A SHORT-TERM RENTAL. OKAY. THAT I'M, I UNDERSTAND HER INTENT WAS TO RENT 'EM BOTH OUT AT ONCE. RIGHT. AND NO HOUR TO DO IT. AND AGAIN, WHAT WHAT WE DID FEEL LIKE WE DID A REASONABLE JOB OF TRYING TO DO IS SAY, LISTEN, WE RUN INTO SITUATIONS ALL THE TIME WHERE SOMEONE HAS A POOL HOUSE AND THE POOL HOUSE IS PART OF THE AIRBNB MM-HMM. AND THEY'VE GOT A POOL TABLE AND SOME TVS AND IT'S AN ENTERTAINMENT THAT CAN ABSOLUTELY BE PART OF THE AIRBNB. BUT ONCE YOU HAVE AN ACCESSORY DWELLING UNIT IN THE BACKYARD GETTING SEPARATE PERMITS FOR AN A D U AND THE MAIN HOUSE IS, ESPECIALLY IF YOU LIVE THERE, IMPOSSIBLE. THAT REQUIRES A CHANGE OF ZONING. MM-HMM. . YEAH, I, I JUST, UH, I JUST WANTED TO MAKE SURE I COMPLETELY UNDERSTOOD WHAT, WHAT HAPPENED. THANK YOU. SO, SO IN THIS CASE, THE REMEDY WOULD BE WHAT? JUST TAKE THE CASITA OUT OF PLAY OR JUST HAVE I'M FINE. THE MAIN STRUCTURE AS THE, AS THE, UH, AS THE RENTAL, AS THE SHORT TERM RENTAL, THE, THE REMEDY WOULD HAVE BEEN TO SEEK A SPECIAL EXCEPTION OR A CHANGE OF ZONING TO AUTHORIZE THAT SECOND UNIT BASED UPON IT MEETING THE DEFINITION OF A UNIT. BUT WHEN WE TRIED TO UNDERSTAND WHAT IT WAS, WE WERE TOLD IT WAS NOT A UNIT, BUT IT WAS, WELL, IF IT DOESN'T HAVE A STOVE, IT DON'T COOKING, YOU DON'T HAVE TO HAVE A STOVE. YOU HAVE TO HAVE A, A AREA FOR THE PREPARATION OF FOOD. OKAY. WELL I READ THE ORDINANCE TO SAY COOKING, SLEEPING, AND BATHING. AND IN TRYING TO COME UP WITH THIS, UM, MY APPEAL TODAY, I ASKED FOLLOW ON QUESTIONS LIKE, CAN YOU PLEASE HELP ME UNDERSTAND, IS COOKING, BATHING AND EATING? DOES THAT, AND IF I CAN'T COOK THERE, DO I NOT QUALIFY? AND I WAS TOLD, WE CAN'T ANSWER YOUR QUESTIONS. YOU NEED TO BRING IT UP TO THE BOARD. YOU, YOU, YOU HAD ABOUT A HALF DOZEN MEMBERS OF STAFF ANSWER YOUR QUESTIONS. YES, UNDERSTOOD. I UNDERSTOOD THAT. AND THEN WHAT MY DIRECTION WAS, IS YOU CANNOT RENT THEM SEPARATELY. AND IF I MISUNDERSTOOD THAT WAY, I, THE WAY I POSTED AND THE WAY I ASKED AIRBNB, HOW DO I KEEP IT AS ONE RENTAL? IF AND IF I FOLLOW THOSE DIRECTIONS, I MISUNDERSTOOD THOSE DIRECTIONS. NOW IF THEY TELL ME, NO, YOU CAN'T DO IT, YOU CAN ONLY GO BACK TO WHAT YOU WERE DOING BEFORE AND JUST THE FRONT OF THE HOUSE, THEN THAT'S WHAT I'LL DO. WELL MAKE THAT HAPPEN. I JUST NEED TO KNOW HOW DO I STAY IN COMPLIANCE. THANK YOU. THANK YOU. ALRIGHT, LET'S SEE IT. DO WE HAVE ANY PUBLIC, WOULD JUST LIKE TO NOTE FOR THE RECORD THAT, UM, BOARD MEMBER JOHN BONIA JOINED US AT SIX 10 THIS EVENING. THANK YOU. WELCOME. THANK YOU. WE'RE OKAY. WELL, IT PUTS US BACK UP TO 10, SO WE DON'T HAVE THE SAME ISSUE WITH THE QUORUM. SO, UM, SO, UH, DO WE HAVE ANYBODY SIGNED UP FOR PUBLIC, UH, UH, COMMENT OR, OR VOICEMAILS? YES. WE HAVE, UH, NINE VOICEMAILS AND SEVEN SPEAKERS. YOU, YOU CAN SIT DOWN. SURE. OKAY. LET'S, UH, LIMIT THEM TO, YOU KNOW, A MINUTE IF WE CAN. SO, ALL RIGHT. SO MY NAME IS ROBERT SIPES. I LIVE AT 3 3 4 BARRY LOUIS, 2 1 0 4 3 8 2 7 6 4. CALLING IN REGARD TO ITEM NUMBER 10 AT 2 0 0 9 WEST MULBERRY, I SUPPORT STAFF'S RECOMMENDATION FOR DENIAL OF THE S T R PERMIT. UM, DENIAL OF THE PERMIT DOES NOT PROHIBIT THE OWNER'S USE OF, I'M CALLING ABOUT AGENDA ITEM NUMBER 10 AT 2 0 0 9 WEST MULBERRY. MY NAME IS ALEX GARCIA. I LIVE AT 3 5 7 NORTH DRIVE, SEVEN EIGHT TWO ZERO ONE. MY PHONE NUMBER IS (210) 264-1748. I HAVE BEEN A RESIDENT OF THIS NEIGHBORHOOD FOR ALMOST FIVE YEARS. I'M CALLING TO OPPOSE THEIR APPEAL AS A, AS A SINGLE FAMILY HOME, NOT BILL FOR HOURLY RENTAL. IT'S NOT, THE CURRENT RENTING OF THIS DWELLING IS NOT IN LINE WITH THE SHORT TERM RENTAL GUIDELINE, PLEASE VOTE. NO. THANK YOU. RELEVANT GOOD MORNING. MY NAME IS DREA GARZA, PRESIDENT OF THE MONTICELLO PARK NEIGHBORHOOD ASSOCIATION. UH, MY ADDRESS IS PO BOX 1 0 0 3 1 5, [05:05:01] SAN ANTONIO, TEXAS SEVEN EIGHT TWO ZERO ONE. PHONE NUMBER IS (210) 643-4760. I AM CALLING IN REFERENCE TO AGENDA ITEM NUMBER 10, LOCATED AT 2 0 0 9 WEST MULBERRY, M P N A. THE MONTICELLO PARK NEIGHBORHOOD ASSOCIATION IS OPPOSED TO THE APPLICANT'S APPEAL. WE SUPPORT THE ADJACENT NEIGHBORS AND THEIR OPPOSITION TO THIS CASE, ALONG WITH THE OPPOSITION SUBMITTED BY THE JEFFERSON NEIGHBORHOOD ASSOCIATION AND THE WOODLAWN LAKE COMMUNITY ASSOCIATION. SHORT-TERM RENTAL OF A HOUSE AND A CITA SEPARATELY ON A SINGLE FAMILY RESIDENTIAL PROPERTY IS NOT ALLOWED. THE S T R ORDINANCE WAS CREATED TO PROTECT THE QUALITY OF LIFE FOR RESIDENTS AND NEIGHBORHOODS. PLEASE VOTE NO TO PRESERVE THE QUAL. HELLO, I'M CALLING FOR AGENDA ITEM NUMBER 10, WHICH IS AT 2 0 0 9 WEST MULBERRY. MY NAME IS SANDRA NAVA GARCIA. I LIVE AT 3 6 7 NORTH DRIVE, SEVEN EIGHT TWO ZERO ONE. MY PHONE NUMBER'S (210) 324-1801. I HAVE BEEN A RESIDENT OF MONTICELLO PARK HISTORIC DISTRICT FOR ALMOST FIVE YEARS NOW, AND I'M CALLING, UM, AN OPPOSITION OF THEIR APPEAL AS THIS IS A SINGLE FAMILY HOME, NOT KNOWN FOR HOURLY RENTAL AS THEY HAVE BEEN DOING. UM, RENTING THIS DWELL IS NOT IN LINE WITH SHORT-TERM RENTAL GUIDELINES, SO PLEASE VOTE NO THANK YOU. HI, YES, THIS IS JAYDEN LES, PRESIDENT OF THE WOODLAN COMMITTEE ASSOCIATION. PO BOX 2 8 3 7 4 SAN ANTONIO, TEXAS 7 8 2 2 8. THE WOODLAWN LAKE COMMITTEE ASSOCIATION IS OPPOSED APPLICANT'S APPEAL LOCATED AT 2 0 0 9 WEST MILLBURY. THE SHORT-TERM RENTAL OF A HOUSE AND CANITA SEPARATELY ON A SINGLE FAMILY RESIDENTIAL PROPERTY IS NOT ALLOWED UNDER AN S T R PERMIT. APPLICANT, UNFORTUNATELY NOR DISINFORMATION PROVIDED BY STAFF ON THE MATTER AS MENTIONED IN THE EVIDENCE PACKET, THE S T R ORDINANCE WAS CREATED TO PROTECT THE QUALITY OF LIFE FOR RESIDENTS AND NEIGHBORHOODS. PLEASE VOTE NOTE TO PRESERVE OUR COMMUNITY'S QUALITY OF LIFE. ALSO, THE JEFFERSON AND ELLO PARK NEIGHBORHOOD ASSOCIATION JOINS US IN SUPPORTING STAFF'S RECOMMENDATION FOR DENIAL. THANK YOU. HELLO, MY NAME IS NICK RAN. ANGEL, I'M AT 3 0 5 CLUB DRIVE SEVEN EIGHT TWO ZERO ONE AND MY PHONE NUMBER IS (210) 548-3877. I'M CALLING ABOUT AGENDA ITEM NUMBER 10 AT 2009 WEST MULBERRY AS A RESIDENT OF THE MONTICELLO PARK HISTORIC DISTRICT FOR 15 YEARS, MY WIFE LOREN AND I, WE OPPOSED THE APPLICANT'S APPEAL. THE APPLICANT WAS INFORMED BY THE CITY THAT RENTING TWO DWELLING UNITS ON A SINGLE FAMILY RESIDENTIAL PROPERTY NOT PERMITTED YET. THEY STILL PROCEEDED TO DO SO. THE SS T R ORDINANCE WAS CREATED TO PROTECT THE QUALITY OF LIFE FOR RESIDENTS IN THE NEIGHBORHOOD. SO PLEASE VOTE NOTE TO PRESERVE THE MONTICELLO PARK HISTORIC DISTRICT AND OUR COMMUNITY'S QUALITY OF LIFE. THANK YOU SO MUCH FOR YOUR TIME. MY NAME IS ROBIN FOSTER, THREE 19 MARY LOUISE DRIVE, SEVEN EIGHT TWO ZERO ONE. MY PHONE NUMBER IS (210) 722-2828. I'M CALLING ABOUT AGENDA ITEM NUMBER 10 2009 WEST MULBERRY. I AM OPPOSED TO THE APPLICANT'S APPEAL AND SUPPORT THE ADJACENT NEIGHBORS AND THEIR OPPOSITION. SHORT TERM. RENTING A HOUSE AND A CASITA SEPARATELY ON A SINGLE FAMILY RESIDENTIAL PROPERTY IS NOT ALLOWED. HOWEVER, THE APPLICANT STILL PROCEEDED TO DO SO. AFTER CITY STAFF HAD STATED THESE RENTALS WERE NOT POSSIBLE. THE S T R ORDINANCE WAS CREATED TO PROTECT THE QUALITY OF LIFE FOR RESIDENTS AND NEIGHBORHOODS. PLEASE VOTE NO TO PRESERVE THE MONTICELLO PARK HISTORIC DISTRICT AND OUR COMMUNITIES QUALITY OF LIFE. GOOD MORNING. MY NAME IS SANDRA AN CHAVEZ. MY HUSBAND IS RICARDO CHAVEZ JR. OUR ADDRESS IS 2 0 0 4 WEST MULBERRY AVENUE IN RE THIS IS IN REGARDS TO CASE NUMBER B O A DASH 23 DASH TEN THREE HUNDRED ONE FORTY. UH, WE ARE IN OPPOSITION OF OUR NEIGHBOR'S REQUEST. AGAIN, WE OPPOSE THIS REQUEST. HELLO, MY NAME IS VANESSA SABIA AND MY HUSBAND IS KIRK WALLER. OUR ADDRESS IS 2030 WEST SUMMIT AVENUE 7 8 2 0 1. WE ARE CALLING ABOUT AGENDA ITEM NUMBER 10 B O A NUMBER ENDING IN ONE 40. ADDRESS 2 0 0 9 WEST MULBERRY. WE ARE OPPOSED TO THE APPLICANT'S APPEAL [05:10:01] RENTING TWO DWELLING UNITS ON ONE SINGLE FAMILY RESIDENTIAL PROPERTY IS NOT PERMITTED WHEN IT IS NOT OWNER OCCUPIED. THE S T R ORDINANCE WAS CREATED TO PROTECT THE QUALITY OF LIFE FOR RESIDENTS IN NEIGHBORHOODS. PLEASE VOTE NO SO THAT WE MAY PRESERVE OUR MONTICELLO PARK HISTORIC DISTRICT AND OUR COMMUNITY'S QUALITY OF LIFE. THANK YOU. ALL RIGHT. IS THAT THE EXTENT OF THE, I JUST WANNA MENTION THAT SEVERAL OF THOSE VOICEMAILS SPOKE TO EVENT SPACE OR HOURLY RENTAL. THAT'S NOT THE CASE IN THIS PARTICULAR APPEAL. THANK YOU. DO WE HAVE ANYBODY SIGNED UP AND TO PROVIDE PUBLIC COMMENT IN PERSON? YES. UM, ONE SECOND. FIRST WE HAVE TONY GARCIA, FOLLOWED BY TOM SIMMONS. THANK YOU VERY MUCH. MY NAME IS TONY GARCIA. I LIVE AT 2 43 EAST ATCH AVENUE AS A MEMBER OF TIER ONE, UH, NEIGHBORHOOD COALITION STEERING COMMITTEE. I WAS PART OF THE U D C AMENDMENT PROCESS BACK IN, UH, 2022. FEELS LIKE A LONG TIME AGO, BUT CLEARLY THE REQUIREMENTS UNDER THE SHORT-TERM RENTAL ORDINANCE AND THE ACCESSORY DWELLING UNIT, UH, ORDINANCE ARE VERY CLEAR. THE FACT THAT THE CITY STAFF WENT BEYOND THEIR STANDARD VETTING PROCESS TO AVOID A POTENTIAL PROBLEM SHOULD BE COMMENDED. THEREFORE, I DO REQUEST THAT THE COMMISSIONERS TO SUPPORT THE CITY'S RECOMMENDATION FOR DENIAL. THANK YOU. THANK YOU. MR. TOM SIMMONS, FOLLOWED BY MS. MALDONADO THOMPSON. IT'S JUST ME. ALRIGHT. AND MS. MALDONADO, IT'S JUST ME. BIAN KAM MALDONADO 4 57 CLUB DRIVE, 7 8 2 0 1, OFFERING MY COMMENTS AND OPPOSITION TO THE APPLICANT'S REQUEST SUPPORTING STAFF'S RECOMMENDATION FOR DENIAL. YES, AS I'VE STATED, I WAS PART OF THE TASK FORCE THAT CREATED THE ORDINANCE, BUT I WAS ALSO PART OF THE PROCESS THAT WENT AND AMENDED THE U D C LAST YEAR. AND THERE WERE AMENDMENTS THAT WERE PROPOSED TO AMEND THE SHORT TERM RENTAL ORDINANCE. HOWEVER, THERE WEREN'T AMENDMENTS TO ADDRESS THIS ISSUE. NOBODY HAS RAISED THIS AS A CONCERN, AND THIS IS A HANDFUL OF CONCERNS THAT HAVE BEEN BROUGHT FORWARD. I COMMEND STAFF FOR ENFORCING THE ORDINANCE. THIS WAS PROBABLY THE MOST HIGHLY TALKED ABOUT TOPIC WHEN THE U D C WAS AMENDED REGARDING ACCESSORY DWELLING UNITS THAT YOU HAD TO RESIDE, THAT IS AN OWNER-OCCUPIED BENEFIT TO RESIDE ON THE PROPERTY AND RENT OUT YOUR CASITA. THAT IS NOT A NON-OWNER OCCUPIED BENEFIT THAT THE CITY HAS OFFERED SINCE THE EIGHTIES. AND SO AT THAT TIME, WHEN THE CITY WAS PROPOSING ALL THOSE AMENDMENTS FOR THE UNIFIED DEVELOPMENT CODE LAST YEAR FOR ACCESSORY DWELLING UNITS, IF THEY THOUGHT THAT THAT SHOULD BE RENTED OUT SHORT TERM, THEY WOULD'VE ALLOWED THAT, THAT WOULD'VE BEEN A PACKAGE OF ALL THOSE AMENDMENTS THAT WENT FORWARD FOR THE ACCESSORY DWELLING UNITS. I KNOW THERE'S BEEN A LOT OF DISCUSSION TODAY THAT, HEY, MAYBE WE NEED TO REVISIT THE ORDINANCE. WELL, GUESS WHAT? THERE'S A C C R SITTING ON THE DESK OF THE MAYOR SINCE DECEMBER OF LAST YEAR TO DO JUST THAT. THERE'S ALSO BEEN A LOT OF CONVERSATION WITH CITY STAFF AND THEY HAVE INCREASED THEIR NUMBER OF PERSONNEL AND PROVIDED ADDITIONAL SUPPORT STAFF TO ENSURE THEY'RE COMMUNICATING WITH APPLICANTS. THAT HAS BEEN A BUDGET ASK. I MADE THAT BUDGET, ASK MYSELF LAST YEAR IT WENT TO THREE PEOPLE. THEY'RE NOW UP TO WHAT, EIGHT OR NINE. SO I'M VERY THANKFUL FOR THE RESOURCES THAT THE CITY HAS AS WE HAVE SEEN THE EVOLUTION OF SHORT-TERM RENTALS HAS EVOLVED. UM, BUT MOST IMPORTANTLY, I THINK IT'S, THIS IS THE MINORITY OF THE ISSUES HERE AND WE'RE REALLY TRYING TO ENSURE THAT THE NEIGHBORHOODS HAVE THEIR QUALITY OF LIFE. AND I HOPE YOU'LL HEAR FROM SOME OF THE NEIGHBORS WHO LIVE DIRECTLY ADJACENT TO THIS PROPERTY WHO HAVE CONCERNS ALSO. SO, THANK YOU FOR CONSIDERATION OF MY COMMENTS. PLEASE VOTE NO THANK YOU. THANK YOU. JASON VASQUEZ, FOLLOWED BY TED GIDA. GOOD EVENING. MY NAME IS JASON VASQUEZ AND MY ADDRESS IS 2331 WEST SUMMIT 7 8 2 0 1. THIS IS REGARDING AGENDA ITEM 10. I WOULD LIKE TO PROVIDE MY STRONG OPPOSITION TO THE APPLICANT'S APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE A SHORT-TERM RENTAL PERMIT FOR 2009 WEST MULBERRY AVENUE 7 8 2 0 1. THE PROPERTY OWNER WENT OUT OF THEIR WAY TO VIOLATE THE SHORT-TERM RENTAL ORDINANCE BY ADVERTISING TWO SEPARATE UNITS UNDER ONE PERMIT. DESPITE BEING WARNED IN WRITING THAT DOING SO IS NOT PERMITTED, THIS SETS A HARMFUL PRECEDENT FOR NEIGHBORHOODS AND SHOULD NOT BE ALLOWED. THE PROPERTY OWNERS SHOULD PAY THE HOT TAX TWICE FOR THE TIMES THAT BOTH UNITS WERE RENTED OUT. I ASK THAT THE APPLICANT'S APPEAL BE DENIED. THANK YOU, [05:15:02] MR. UH, TE GARRA, FOLLOWED BY MARIE COOPER, TED RA, PRESIDENT FOR THE JEFFERSON NEIGHBORHOOD ASSOCIATION. WE, UH, RECOMMEND THAT YOU FOLLOW STAFF'S RECOMMENDATION FOR REVOKING AND, UH, NOT, UH, NOT RE UH, OPPOSING THE, UH, APPEAL. THANK YOU, MS. MARIE COOPER. UM, COOPER'S NOT HERE. I'M MARK COOPER. MARK COOPER IS THE FINAL SPEAKER. WHY CAN'T I TAKE 30 MINUTES? UH, . MY NAME IS MARK COOPER AND I LIVE AT 1942 WEST SUMMIT AVENUE. THAT'S IN THE 200 FOOT RANGE. UM, I OPPOSE THE APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE THE SHORT-TERM RENTAL PERMIT FOR 2009. WEST MULBERRY WANTED YOU TO KNOW THAT I'VE SEEN FIRSTHAND THE DAMAGE TO NEIGHBORHOODS CAUSED BY MISUSE OF RESIDENTS FOR SHORT TERM RENTALS IN, IN THIS CASE AS WELL. UH, THE FABRIC OF A, OF A NEIGHBORHOOD IS REALLY MADE STRONG WHEN SINGLE FAMILY UNITS ARE USED FOR THEIR INTENDED FUNCTION. IT ADDS STABILITY, PREDICTABILITY, AND ACCOUNTABILITY TO THE COMMUNITY. WHEN HOMES ARE USED FOR PURPOSES OTHER THAN THEIR INTENDED USE, SAY, FOR MACHINE SHOPS, CAR SALES, SHORT TERM RENTALS, BODY REPAIR SHOPS, AND SO FORTH, IT DEGRADES THE COMMUNITY. OUR, UH, NEIGHBORHOOD CAME BACK FROM TEETERING REALLY ON THE EDGE OF BEING BAD. WE'RE NOW IN A HISTORIC NEIGHBORHOOD. WE HAVE ACTIVE COMMUNITY GROUPS, UH, AND, UH, WE HAVE SCHOOLS AND FACILITIES NEARBY THAT HAVE BEEN IMPROVED BY THE CITY. PROPERTY VALUES ARE UP. SO I ASK FOR YOU TO SUPPORT THE, UH, ADMINISTRATION HERE AND, UH, OPPOSE THE, UH, APPEAL. THANK YOU. THANK YOU, SIR. LET'S SEE. HAVE ANY QUESTIONS FOR THE SPEAKER? NO. THANK YOU SIR. ORIAN, I HAVE A QUESTION FOR STAFF. SO I'M, I'M DELVING INTO HOW WE GOT TO WHERE WE ARE TODAY, AND IT LOOKS LIKE, UH, STAFF IS USING THIS DEFINITION FROM THE U D C FOR DWELLING UNIT. UH, OR IT TALKS ABOUT, UH, ONE OR MORE ROOMS PROVIDING COMPLETE LIVING FACILITIES FOR ONE FAMILY, INCLUDING KITCHEN FACILITIES OR EQUIPMENT FOR COOKING OR PROVISIONS FOR THE SAME. AND THE PICTURE, IF, IF STAFF CAN BRING THAT UP OF, OF THIS, OF THIS KITCHENETTE IN QUESTION, I'D APPRECIATE IT. UH, THERE IS A SINK AND THERE'S, AND THERE'S A SMALL UNDER THE COUNTER BRIDGE, BUT I'M TRYING TO GRASP WHERE THE COOKING FACILITIES ARE. LOOKED IN THE, UH, ADOPTED INTERNATIONAL RES RESIDENT CODE, RESIDENTIAL CODE FOR THE CITY, AND IT DEFINES A KITCHEN AS AN AREA WITH A SINK AND PERMANENT PROVISIONS FOR FOOD PREPARATION AND COOKING. SO I DON'T, I DON'T SEE PERMANENT PROVISIONS HERE. UH, I SEE THAT IT'S POSSIBLE TO COOK SOMETHING ON A COUNTER. IT'S COUNTER SPACE. THERE'S A PLUG, BUT I, I JUST, I'M NOT SEEING ANY PERMANENT PROVISIONS FOR COOKING. AND SO, YOU KNOW, WITH THAT CONTRAST IN THE, IN THE ADOPTED INTERNATIONAL RESIDENTIAL CODE AND THE, AND THE LACK OF CLEAR CLARIFICATION, THE DEFINITIONS, CAN STAFF TALK ABOUT HOW THESE TWO INTERLUDE AND HOW THEY CAME TO THIS CONCLUSION THAT THERE'S PROVISIONS FOR COOKING HERE? SO THE DEFINITION THAT WE'RE RELYING ON COMES FROM CHAPTER 16, UH, 1103. IT SAYS ALL INDIVIDUAL UNITS HAVING COOKING, SLEEPING, AND BATHING FACILITIES WITHIN COMMON BUILDINGS, REGARDLESS OF OWNERSHIP, REQUIRE SEPARATE INDIVIDUAL PERMITS. SO WE HAVE A BEDROOM, WE HAVE A BATHROOM, AND WE HAVE A KITCHENETTE AS IT'S ADVERTISED WITH A SINK, REFRIGERATOR, AND CONNECTIONS FOR UTILITIES AS SHOWN ON THE BOTTOM LEFT, THAT THAT IS A KITCHEN AS FAR AS STAFF IS CONCERNED. YEAH, THAT'S, THAT'S WHERE I THINK, UH, I I, IT'S HARD FOR ME TO AGREE WITH THAT BASED ON THE DEFINITION FROM THE INTERNATIONAL RESIDENTIAL CODE. WE, WE ARE NOT, WE ARE NOT LEANING ON THE DEFINITION OF THE INTERNATIONAL RESIDENTIAL CODE. WE'RE LEANING ON THE DEFINITION OF CHAPTER 16, SHORT-TERM RENTALS. SO HOW DO YOU DEFINE WHAT A KITCHEN IS THEN? I I MEAN, THERE'S A DIFFERENCE BETWEEN A KITCHEN AND, AND A KITCHEN. SO WE, WE COULD LOOK AT THE DEFINITION AND THE, THE INTERNATIONAL CODES. IT SAYS A KITCHEN SHALL MEAN AN AREA USED OR DESIGNATED TO BE USED FOR THE PREPARATION OF FOOD. AND AGAIN, WE DON'T GENERALLY LOOK TO OTHER DEFINITIONS. WE USE WHAT'S IN CHAPTER 16, BUT CONVERSELY, IF I WENT TO MY HOUSE TONIGHT AND REMOVED THE MICROWAVE AND THE STOVE, I DON'T THINK THAT I WOULD SAY THAT'S NOT A KITCHEN. OKAY. SO THAT'S, THAT'S WHERE I WANT TO MAKE SURE THAT WE WE'RE CLEAR. 'CAUSE I, I, I DON'T, I PERSONALLY DON'T AGREE WITH THAT. I THINK YOU HAVE TO HAVE A, A PERMANENT FIXTURE FOR COOKING OF FOOD FOR IT TO BE CONSIDERED A KITCHEN. UH, AND I THINK THERE [05:20:01] IS A DIFFERENCE BETWEEN KITCHENETTE AND KITCHEN. AND SO I THINK IF I, UH, THAT'S WHAT I WAS TRYING TO FIGURE OUT HOW, WHERE STAFF STOOD ON THAT. OKAY. THANK YOU. THANK YOU. IS THAT THE EXTENT OF THE, OF THE, UH, PUBLIC, UH, COMMENTS? NO, NO OTHER COMMENTS. OKAY. AT THIS POINT, I'D LIKE THE APPLICANT TO COME FORWARD. UM, AND YOU'VE HEARD THE COMMENTS AND SURE. AND SURE, I'D LIKE YOU TO PROVIDE SOME, UH, SOME REBUTTAL. YES. OKAY. AS FOR ME NOT LIVING THERE AND WHY THEY THINK I DON'T LIVE THERE, I'M CURRENTLY GOING THROUGH A DIVORCE, WHICH IS COMMONLY KNOWN AS A GRAY DIVORCE. I NEEDED A PLACE TO LIVE. SO I LIVE IN THE CASITA. THE HUSBAND AND I DECIDED BECAUSE I WAS A STAY-AT-HOME MOM FOR 10 YEARS AND DIDN'T HAVE A CHANCE TO WORK OR GET A 4 0 1 K OR GET ANY KIND OF RETIREMENT, THAT MY NAME WOULD STAY ON THE HOUSE THAT WE BOUGHT TOGETHER WHERE I LIVED AND RAISED OUR KIDS, BUT DIDN'T WORK. THAT WAS WHAT WE AGREED WOULD BE FAIR TO US. HE CREATE, HE, UH, APPLIED FOR HOMESTEAD EXEMPTION BECAUSE WE ARE NOT COMPLETELY CON COM UH, COMPLETELY DONE WITH OUR DIVORCE. THEREFORE, MY NAME IS STILL SHOWN BECAUSE WE'RE STILL TECHNICALLY MARRIED. SO THAT IS WHY THE CITY SAYS, WELL, YOU'RE ON A HOMESTEAD EXEMPTION SOMEWHERE ELSE. I SAID, BUT I DON'T LIVE THERE. SO I INCLUDED A COPY OF MY DRIVER'S LICENSE, AGAIN, MY VOTER REGISTRATION, WHICH I UNDERSTAND THEY DON'T ACCEPT. I, I EVEN HAD MY FORMER HUSBAND SEND IN A LETTER TO CONFIRM THAT I HAVEN'T LIVED THERE AT THE PROPERTY WITH HIM FOR THE LAST THREE YEARS. SO THAT'S ITEM NUMBER ONE. THAT'S WHY I DON'T QUALIFY TO BE A TYPE ONE. IF I WERE A TYPE ONE, I COULD DO THIS FROM WHAT I UNDERSTAND. BUT THEY SAID YOU'RE A TYPE TWO BECAUSE YOU STILL LIVE THERE. SO I DECIDED, LET ME CALL BEAR COUNTY, WHAT DO I NEED TO DO? BEAIRD COUNTY SAID, WELL, EVEN IF YOU WEREN'T ON THAT HOME, YOU CANNOT CLAIM A HOMESTEAD EXEMPTION ON YOUR S D R BECAUSE YOU WOULD GET MONEY OFF OF YOUR HOME. SO YOU DON'T, I COULDN'T EVEN GET THAT EXEMPTION. SO THE ITEM THAT THEIR CITY IS CLAIMING IS PROOF THAT I DON'T LIVE HERE IS THE SAME ITEM THAT I CANNOT USE TO PROVE THAT I WOULD LIVE THERE HAD I HAD, HAVE I ONCE I OWN THAT HOUSE ON MY OWN OR, OR ONCE I, UH, UH, GET THAT DIVORCE. BUT I WANTED TO LEAVE MY NAME ON THAT DEEDED. SO THE IDEA OF ME HAVING TO GIVE UP 50% OF THE PROPERTY OF THE HOME WHERE I LIVED FOR 10 YEARS, BUT WASN'T ABLE TO WORK, JUST IN ORDER TO PROVE THAT I LIVE HERE SEEMS A LITTLE EGREGIOUS, WHICH IS WHY I BROUGHT MY DRIVER'S LICENSE AND, UM, MY FILED MY TAXES THERE. I HAVE, UH, ON MY TAX FORM, I PAY HAVE MY U UTILITIES THERE ON THE KITCHEN. THAT KITCHEN RIGHT THERE DOES NOT HAVE ANY UTILITIES TO IT. IT, IT DOES NOT HAVE ANY GAS. I MEAN, IT HAS ELECTRICITY, BUT IT DOESN'T HAVE ANY GAS FOR A GAS STOVE. SO IN MY MIND, I'M A CONSTRUCTION MANAGER BY TRADE AS WELL. SO I'M FAMILIAR WITH BUILDING CODES. I DO NOT HAVE A COOKING FAC UH, APPLIANCE THERE. SO IN MY MIND, THE THE CODE SAYS COOKING, SLEEPING, EATING, YOU NEED TWO PERMITS. SO MAYBE I MISUNDER MISUNDERSTOOD MY CONVERSATIONS WITH EMILY. WE WENT BACK AND FORTH WITH EMAILS AND SHE SAYS, AS LONG AS YOU DON'T HAVE TWO UNITS RESERVED SEPARATELY, YOU'RE FINE. AND IN MY MIND, BECAUSE WE COULD ONLY RESERVE ONE AND THEN MAYBE ADD THE OTHER, YOU COULD NOT RESERVE THEM SEPARATELY. YOU CAN'T EVEN, UH, UH, UH, RENT THE CASITA AND NOT THE BIG HOUSE. YOU CAN ONLY RENT THE BIG HOUSE AND THE CASITA IF YOU NEED MORE ROOM. AND THE ONLY REASON I WANTED A SEPARATE CALENDAR, SO I WOULD BE ABLE TO LIMIT THE TIMES WHEN I WAS GONNA BE THERE, NOT THERE. WHEN I'M ON VACATION, IT'D BE AVAILABLE WHEN I'M BABYSITTING AT OR HOUSE SITTING, IT WOULD BE AVAILABLE. OTHERWISE, THAT'S WHERE I LIVE. THAT'S WHERE MY THINGS ARE. I MOW THE LAWN THERE. I DO, I PULL WEEDS THERE. I TALK TO MY NEIGHBORS THERE. THAT'S WHERE I LIVE. THANK YOU. THANK YOU, MR. VEN. AND THEN ALSO, WE DID NOT RENT IT OUT. A COUPLE PEOPLE ON THE PHONE CALL SAID WE OPERATED, IT WAS ONLINE FOR MAYBE 24 HOURS. IT WAS TAKEN OFF. I IMMEDIATELY, LIKE I SAID, OKAY, TOOK IT DOWN AND CANCELED EVERYTHING. MANNA. SO I'D LIKE MR. BROWN, I'M GONNA LET STAFF, UM, WANTS TO MAKE A COMMENT AND THEN MANNA AND THEN WE'LL LET YOU FINAL, FINAL REBUTTAL. SURE. YEAH. I, I JUST WANNA CLARIFY, REGARDLESS OF PERMIT TYPE, TYPE ONE, TYPE TWO, IT DOESN'T FIX OR COMPLICATE THE ISSUE THAT'S BEFORE THE BOARD TODAY. SO AGAIN, I JUST WANT TO CLARIFY. IT'S NOT LIKE IF SHE HELD ONTO THE TYPE ONE PERMIT, WE WOULDN'T HAVE A PROBLEM. THE ISSUE AT THE END OF THE DAY IS THE USE OF THE A D U, WHICH IS A SEPARATE UNIT BEING ADVERTISED ON A SEPARATE LISTING. THAT IS THE UNDERLYING ISSUE, NOT THE TYPE OF THE PERMIT. THANK YOU MR. MANO. SO I, SO I JUST WANTED, I GUESS, CLARIFY TWO THINGS, I GUESS TWO, TWO QUESTIONS. SO FIRST IS, UM, I GUESS DID YOU SUCCESSFULLY, UH, RENT OUT OR, OR HAVE BOTH UNITS OCCUPIED? NEVER DURING INTER RENTALS. OKAY. I'M TELLING IT, IT WAS POSTED FOR MAYBE 24 HOURS AND MAYBE LESS. AND THEN I REMOVED IT. THE CASITA ADVERTISEMENT WENT UP FOR 24 HOURS. AND THEN MA'AM, YOU'LL NEED TO, YEAH. OKAY. SO THAT'S, UH, THE CASITA, I PUT IT UP ON A WEDNESDAY NIGHT [05:25:01] AND I GOT THE NOTICE ON THURSDAY THAT HAD BEEN REVOKED. SO WE NEVER DID, UH, WORK OUT OF COMPLIANCE. I NEVER DID GET ANY MONEY, AND I DON'T KNOW, I OWE ANY TAXES FOR ANY RENTERS THERE. SO THOSE QUESTIONS WERE CITY STAFF. AND SO, SO SAY I HAD, UM, A, A HOUSE AND THEN A CASITA, UM, I ADVERTISED A SINGLE. SO IS IT THAT, THAT I'M NO LONGER ALLOWED TO HAVE A TYPE TWO RENTAL? IF, IF I HAVE A HOUSE WITH A CASITA? CORRECT. WHAT, WHAT? AND IT'S ACTUALLY LANGUAGE IN THE ACCESSORY DWELLING UNIT ORDINANCE THAT SAYS THAT IF YOU ARE GOING TO HAVE AN A D U ON THE PROPERTY, YOU CANNOT GENERATE REVENUE FROM THE OWNER OCCUPIED UNIT THAT IS IN THE ACCESSORY DWELLING UNIT ORDINANCE, NOT THE S T R ORDINANCE. BUT AS IS THE CASE IN ANY CONFLICT OR, OR YOU KNOW, WE HAVE TWO SECTIONS OF CODE SPEAKING TO SOMETHING THE MORE STRICT OF THE TWO RULES GOVERNS. SO IS THIS, UH, SHE SHOULD DROP THE A D U ISSUE? SHE WOULDN'T HAVE AN ISSUE IF, IF THERE WAS NEVER ANOTHER UNIT ON THE PROPERTY ADVERTISED, THERE WOULD NOT HAVE BEEN AN ISSUE. AND THAT IS WHAT STAFF TRIED TO, UH, EXPLAIN AS BEST WE COULD TO SAY, LISTEN, YOU CAN GET YOUR TYPE TWO PERMIT. YOU CAN RENT OUT THE HOUSE. AND IF YOU'RE TELLING US THAT THE BUILDING IN THE BACK IS NOT A UNIT, THEN YOU CAN INCLUDE IT AS PART OF IT. BUT, AND WE SAID THIS LIKE FOUR TIMES MM-HMM. , IT CANNOT APPEAR AS A SEPARATE LISTING AND THEN IT APPEARED AS A SEPARATE LISTING. WELL, I HAVE ONE, UH, QUESTION, UH, CLARIFICATION FOR MY EDUCATION. UH, THE KITCHENETTE. UH, MOST KITCHENS WHEN YOU BUILD A HOUSE, UH, IT'S LIKE A TRIANGLE IN THE KITCHEN, THE SINK, THE REFRIGERATOR, AND THE STOVE. SO IF YOU JUST HAVE A SINK, AND I'M NOT SURE IF THAT THING ON THE RIGHT IS A LITTLE REFRIGERATOR OR NOT, IT'S STILL A KITCHENETTE JUST BY HAVING A SINK. YEAH. WHAT, WHAT WE SAW IN THAT PICTURE WAS A SINK, A REFRIGERATOR, AND IF NOTHING ELSE CONNECTIONS THAT YOU COULD PLUG AN ELECTRIC STOVE INTO, I MEAN, IT'S GOT A COUNTERTOP, IT'S GOT A SINK, IT'S GOT A FRIDGE, IT'S GOT A TRASH CAN. IT'S GOT CABINETS. IT'S KITCHENETTE. THANK YOU. ORIAN STORE. ORIAN. IS THERE A TWO 20 PLUG OUTLET IN THAT PLACE? NO. SO YOU CAN'T PLUG IN A STOVE? I CANNOT, MY STOVE DOESN'T PLUG INTO A TWO 20 OUTLET PLUG. I GUESS I, I HAVE A QUESTION. YES, SIR. IS THERE A VENT HOOD IN THAT, IN THAT A D U? NO, I, BECAUSE I THINK EVENT HOOD IS NECESSARY IF YOU'RE GONNA PLUG A STOVE IN AND, AND COOK, RIGHT? MM-HMM. . RIGHT. OKAY. JUST, ALRIGHT. ANY OTHER QUESTIONS FOR THE APPLICANT AS WE KIND OF WRAP THIS UP? GUYS, THIS HAS BEEN, NO. OKAY. I THINK WE'RE, UH, I THINK WE'RE FINAL. THANK YOU. I APPRECIATE IT. I'LL DO WHATEVER YOU GUYS TELL ME I NEED TO DO. OKAY. AT THIS POINT, THIS CLOSES A PUBLIC PORTION. I'D ASK, UH, A MEMBER OF THE BOARD TO KINDLY MAKE A MOTION HERE SO WE CAN START MOVING THIS ON TO VOTE MANNA MR. MANNA, REGARDING CASE NUMBER BO 8 2 3 1 0 3 0 0 1 4 0. I MOVED AT THE BOARD OF ADJUSTMENT GRANT, THE APPEAL FOR THEIR PROPERTY SITUATED 2 0 0 9 WEST MULBERRY AVENUE, APPLICANT BEING BARBARA TAVARES BECAUSE THE INFORMATION PROVIDED BY THE APPLICANT SHOWS THE CITY STAFF MADE AN ERROR IN REVOKING THE SHORT-TERM RENTAL PERMIT. AND A MOTION. WE HAVE A SECOND, SECOND, SECOND, MS. ORIAN, UH, LET'S PROVIDE SOME COMMENT PLEASE. YEAH, SO THIS ONE, I'M, THIS, UH, I'M, I'M STRUGGLING. SO, AND I HATE TO SAY THAT WORD, HIS ORIAN, WOULD YOU LIKE TO PROVIDE SOME COMMENT? SO, BUT, BUT I'LL, I'LL, I'LL CONTINUE FOR A LITTLE BIT HERE. SO I'M RAMBLING. I'M SORRY. IT'S, IT'S LONG. UM, SO, SO I HAVE A COUPLE, YOU KNOW, A COUPLE CHALLENGES HERE. AND SO, SO I WAS ON THE, ON THAT, I GUESS ON THE U D C REWRITE AND HAD BEEN INVOLVED WITH SHORT-TERM RENTALS FOR QUITE SOME TIME. AND, AND, AND I UNDERSTAND, YOU KNOW, WHAT WE'RE TRYING TO ACCOMPLISH AND WHAT, YOU KNOW, WHAT IT IS THAT WE WANT TO, HOW IT IS THAT WE WANNA PROTECT THE NEIGHBORHOODS. BUT I, YOU KNOW, I GUESS TRY TO UNDERSTAND, I DON'T SEE THAT HAPPENING HERE. AND SO, SO I'M STRUGGLING, YOU KNOW, YOU KNOW, I GUESS UNDERSTANDING WHY IT WOULD BE THEN I THINK THE WHOLE DIALOGUE ABOUT IS THIS THE KITCHEN KITCHENETTE THING? AND SO, SO, YOU KNOW, AND WHAT I DIDN'T UNDERSTAND, AND I DIDN'T GET A CHANCE TO ASK BECAUSE IT WAS NOT UP LONG ENOUGH, WAS WAS IT TWO SEPARATE RENTALS? YOU KNOW, WAS IT JUST THAT YOU CAN GET ONE AND IF YOU GOT THE ONE, MAYBE THE OTHER ONE WAS AVAILABLE IF THE CALENDAR WAS RIGHT. AND SO I DON'T KNOW IF THAT WAS NECESSARILY THE CASE, AND I PROBABLY SHOULD HAVE ASKED AT THE TIME, BUT, UM, YOU KNOW, SO, SO LIKELY IS I'M GOING TO ALLOW THIS APPEAL. SO GO AHEAD, OREN STORY. AND, UH, AND MY THING IS, IS THAT, UM, I PERSONALLY DON'T THINK THAT IT IS, UH, UH, AN A D D U BE BECAUSE I DON'T SEE IT AS A KITCHEN. UH, I THINK THAT THE, THE BIG CONFLICT I HAVE IS I DON'T THINK A SMALL COUNTER, A SINK AND AN UNDER THE [05:30:01] COUNTER FRIDGE CONSTITUTES A KITCHEN. I THINK IT'S A KITCHENETTE. I THINK IT'S A DIFFERENT ANIMAL. I DON'T THINK IT MEETS THE DEFINITION. AND THEREFORE, I THINK BECAUSE SOLELY OF THAT, UH, STAFF MADE AN ERROR ON THIS ONE. THANK YOU, MACHA. THANK YOU. I, UH, THAT'S WHY MY QUESTION IN ALONG THE, UH, EARLIER THE LINES, I DON'T SEE GFIS, I DON'T SEE OTHER PLUGS. UH, I JUST SEE SOMETHING THAT WAS INSTALLED FOR WASHING AND CLEANING. THAT REFRIGERATOR DOESN'T HAVE TO BE THERE. IT CAN BE IN ANOTHER ROOM, AND IT WAS JUST PLACED THERE. SO I WOULD SUPPORT THE APPLICANT. THANK YOU, MR. MINOFF. ANY OTHER, UH, COMMENT ON THIS HEARING? NONE. LET'S GO AHEAD AND TAKE A ROLL CALL. VOTE. MR. MANNA. I GRANT THE APPEAL CHAIR. ORIAN? YES. MR. SPIELMAN? NO. MR. BONILLA? YES, MR. DEAN? I DO NOT CONCUR. MS. CRUZ. I WILL CONCUR. MR. HAYES. OH, MS. HAYES. I CONCUR. APOLOGIES MS. HAYES. I CONCUR. MR. VASQUEZ. I SUPPORT THE APPEAL. MS. BRAGMAN? MR. OZUNA? YES. I SUPPORT THE, UH, THE APPEAL AS WELL. THAT'S, FORGET ME. WELL, WE'RE MISSING, YEAH, MR. MINCHA. I SUPPORT THE APPEAL. MR. MINCHA. WELL, DITO, HOW MANY DO WE HAVE? WE HAVE 10. THERE'S FOUR ON THE SCREEN. OKAY. OKAY. SO THAT WAS CHAIRMAN. HOW WAS MY VOTE CASTED? YOU SAID YOU DID NOT CONCUR, SO WE SAID NO. OKAY. THAT'S CORRECT. SO I HAVE WHAT? EIGHT IN FA FAVOR TO AN OPPOSITION. I WASN'T CLEAR ON MR. MIN CHACHA'S VOTE SUPPORT THE APPLICANT. YOU SUPPORTED IT, SO THAT'S CORRECT THEN. YEAH. AND UNFORTUNATELY, EIGHT EIGHT TO TWO EIGHT TO TWO THE, THE MOTION DOES NOT PASS. SO PLEASE GET WITH STAFF. SO FOR SOME REMEDY HERE, THANK YOU. DO WE WANNA GO ONTO THE NEXT CASE? SORRY, DO YOU WANNA TAKE A FIVE MINUTE, CAN WE TAKE A FIVE MINUTE, JUST A LEG STRETCH AND THEN WE WILL BE RIGHT BACK. THERE'S GONNA BE A QUICK, UH, BREAK FOR THOSE ON THE SCREEN. IF YOU WANNA TURN OFF YOUR SCREEN FOR A MOMENT, WE'LL BE BACK IN ABOUT FIVE MINUTES. OKAY. TIME IS, UH, SIX 50. COULD WE BRING THE BOARD, UH, BACK TO ORDER? I I GOT IT. 11 MM-HMM. . ALL RIGHT, WE'RE GOING TO GET STARTED HERE AGAIN, JOSEPH. OKAY. ITEM NUMBER 11, I'M SORRY. UM, 13 IS UH, BO EIGHT DASH TWO THREE DASH 1 0 3 0 0 1 1 1. ADDRESS IS 4 0 1 2 3 BARRINGTON STREET IN CITY COUNCIL DISTRICT 10. APPLICANT IS ANTONIO LOPEZ. AND THE REQUEST IS FOR A ONE FOOT FIVE INCH SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT FENCE HEIGHT REQUIREMENT TO ALLOW A SEVEN FOOT FIVE INCH SOLID SCREEN FENCE ALONG THE REAR PROPERTY LINE TWO, A FIVE FOOT TWO INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A SOLITARY FENCE TO BE NINE FOOT 10 INCHES FROM THE SIDE YARD DRIVEWAY CURB THREE. A REQUEST FOR A SEVEN FOOT FOUR INCH VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE 12 FOOT EIGHT INCHES FROM THE REAR PROPERTY LINE. AND FOUR, A TWO FOOT SEVEN INCH VARIANCE FROM THE MINIMUM FIVE FOOT REAR SETBACK REQUIREMENT TO ALLOW AN ACCESSORY STRUCTURE TO BE TWO FOOT FIVE INCHES FROM THE REAR PROPERTY LINE. AND THE CURRENT ZONING IS R FIVE. THE SUBJECT PROPERTY IS LOCATED ALONG BARRINGTON STREET IN A NEIGHBORHOOD NORTHWEST OF THE INTERSECTION OF PAREN VITAL AND LOOP FOUR 10. THE APPLICANT CONSTRUCTED A SEVEN FOOT FIVE INCH SOLITARY FENCE ALONG THEIR REAR PROPERTY LINE. THE APPLICANT STATES THEY ADDED THE ADDITIONAL FENCE SITE FOR PRIVACY CONCERNS BECAUSE OF THE IRREGULAR IRREGULAR SHAPE OF THE LOT. UH, THE APPLICANT'S REAR PROPERTY LINE IS THE ABUTTING NEIGHBOR'S SIDE PROPERTY LINE. UPON SITE VISIT, STAFF OBSERVED OTHER VARIANCES THAT NEEDED TO BE ADDRESSED, THOSE OF WHICH INCLUDE THE FENCE IMPOSING INTO THE CLEAR VISION FUEL [05:35:01] BY BEING NINE FOOT 10 INCHES FROM THE SIDE YARD DRIVEWAY CURB. UM, ADDITIONALLY, STAFF OBSERVED AN ATTACHED STRUCTURE TO THE PRINCIPAL HOME LOCATED WITHIN THE REAR SETBACK AND MEASURING 12 FOOT EIGHT INCHES FROM THE REAR PROPERTY. LINE. STAFF ALSO OBSERVED A DETACHED ACCESSORY STRUCTURE IMPOSING INTO THE REAR SETBACK, MEASURING TWO FOOT FIVE INCHES FROM THE REAR PROPERTY LINE, UH, PER BCA. BOTH OF THE EXISTING STRUCTURES WERE CONSTRUCTED PRIOR TO 2001. AND THIS IS THE, UM, SITE PLAN AND THESE SUBJECT PROPERTY. AND THIS IS AN, AN ALTERNATE VIEW. AND THIS IS THE SEVEN FOOT FIVE INCH SOLID SCREEN FENCE ALONG THE REAR PROPERTY LINE ONLY. AND THIS IS THE NINE FOOT 10 INCH SIDE YARD DRIVEWAY CURB FOR CLEAR VISION. AND THEN THIS IS THE ATTACHED STRUCTURE ON THE LEFT IS ATTACHED TO THE MAIN HOUSE AND THE DETACHED STRUCTURE TO THE RIGHT AND THEN THE SURROUNDING AREA. STAFF RECOMMENDATION FOR THE FENCE SITE SPECIAL EXCEPTION STAFF RECOMMENDS APPROVAL ON BO EIGHT DASH TWO THREE DASH 0 3 0 0 1 1 1 BASED ON THE FOLLOWING. ONE, THE FENCE DOES NOT EXCEED EIGHT FEET AND IS SOLELY LOCATED ALONG THE REAR PROPERTY LINE. STAFF RECOMMENDATION FOR THE CLEAR VISION AND REAR SETBACK VARIANCES, STAFF RECOMMENDS APPROVAL IN BO O A DASH 23 DASH 0 3 0 1 1 1 BASED ON THE FOLLOWING. ONE. VEHICULAR TRAFFIC WILL NOT BE OBSTRUCTED WITH THE REDUCED CLEAR VISION. AND TWO, THE REAR SETBACK DISTANCES PROVIDE SUITABLE SPACING BETWEEN STRUCTURES. AND THIS WAS THE NOTIFICATION MAP. STAFF MAILED OUT 28 NOTICES. UH, THREE RETURNED IN FAVOR, ONE IN OPPOSITION AND VILLAGE NORTH TWO. UH, NEIGHBORHOOD ASSOCIATION IS IN FAVOR OF THE REQUESTS. AND THEN THIS IS THE NEIGHBORHOOD ASSOCIATION RESPONSE AND THE PUBLIC COMMENT WE HAD RECEIVED. THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. THANK YOU. LET'S SEE, DO WE HAVE ANY QUESTIONS FOR STAFF? YES. UH, DID YOU MENTION THAT HE BILLED WITHOUT PERMIT IN ANY OF THIS? UH, CORRECT. YES, SIR. MM-HMM. . ALRIGHT. ANY QUESTIONS? OKAY. UM, APPLICANT, PLEASE, UH, COME FORWARD AND JUST A REMINDER THAT THIS ONE WILL BE TWO MOTIONS. ONE FOR THE SPECIAL EXCEPTION AND ONE FOR THE VARIANCE REQUESTS. UH, GOOD AFTERNOON MEMBERS OF THE BOARD. THANK YOU FOR YOUR, I'M SORRY, COULD YOU ADJUST THE MICROPHONE? YEP. SURE. UM, GOOD AFTERNOON, MEMBERS OF THE BOARD. THANK YOU FOR YOUR TIME TODAY. MY NAME IS ANTONIO LOPEZ AND I'M HERE, UH, SPEAKING IN REGARDS TO THE VARIANCE REQUEST. AGENDA ITEM, UH, NUMBER 13 FOR 4 1 2 3 BARRINGTON STREET. AS MENTIONED BY THE PRESENTATION, I'M SEEKING A VARIANCE FOR FOUR ITEMS IN TOTAL. UH, REAR FENCE SITE SIDE FENCE SETBACK TO REAR ACCESSORY DRIVEWAY, UH, EXISTING AWNING STRUCTURE ATTACHED TO HOME AND EXISTING CARPORT WHEN HOME WAS PURCHASED. UH, I AM A FIRST TIME HOMEOWNER AND THE FENCE WAS MY FIRST MAJOR PROJECT. UH, THE FENCE WAS CONSTRUCTED WITH PRIVACY AND HARMONY WITH THE ADJOINING NEIGHBORS IN MIND. UM, I MADE THE MISTAKE OF TRUSTING THE WORD OF THE FENCE CONTRACTOR ON WHETHER OR NOT WE NEEDED AN APPROVED PERMIT PRIOR TO CONSTRUCTION, UH, OF WHICH I INQUIRED TWICE. UH, I SHOULD HAVE PUSHED FURTHER. AND THAT IS A MISTAKE I'VE LEARNED AND WILL NOT MAKE AGAIN. UH, I WAS WARNED BY MY NEIGHBORHOOD ASSOCIATION THAT I COULD RECEIVE A CODE VIOLATION FOR THE REAR FENCE HEIGHT RATHER THAN WAIT FOR SAID CITATION. I DECIDED TO BE PROACTIVE AND APPLY FOR A FENCE HEIGHT VARIANCE. I HAVE RECEIVED NOTHING BUT PRAISE FROM MY NEIGHBORS AND PASSERS PASSERSBY ON MY FENCE. EXISTING STRUCTURES WERE ADDED TO THE VARIANCE DUE TO DISCOVERY OF POTENTIAL COMPLIANCE ISSUES AND WE JUST DECIDED TO ADD THOSE AS WELL. UH, THANK YOU AGAIN FOR YOUR TIME AND I'M OPEN TO ANY QUESTIONS. THANK YOU, SIR. LET'S SEE IF WE HAVE ANY QUESTIONS FOR THE APPLICANT. MANNA, MR. MANNA. SO, UH, CAN YOU BRING UP THE, UH, I GUESS THE, UH, OPPOSITION MAP OR THE, I GUESS, POSITION MAP? SO DID, DID YOU HAVE A CHANCE TO TALK TO YOUR, UH, BACK NEIGHBOR? 'CAUSE THEY DID LOOK LIKE THEY VOTED IN OPPOSITION, ACTUALLY. SO THE ORIENTATION'S CONFUSING ON THIS. THE REAR NEIGHBOR IS ACTUALLY 92 0 7 WALLINGFORD, WHICH HAS THE GREEN CHECK MARK. OKAY. DID YOU TALK TO THE OTHER NEIGHBOR WHO IS IN OPPOSITION THEN? IT'S INTERESTING. HE ACTUALLY DOESN'T LIVE THERE FULL-TIME, SO I'M UNABLE TO GET INTO CONTACT WITH HIM FOR THIS HEARING. OKAY. THANK YOU. OF COURSE. THANK YOU. ANY OTHER MR. ORIA? YEAH. THE ACCESSORY COVER, UH, THAT'S OVER YOUR DRIVEWAY THAT'S JUST BOLTED INTO THE DRIVEWAY, CORRECT? YES, THAT'S CORRECT. AND THERE'S, THERE'S, AND THERE'S NO GUTTERS ON IT, IT LOOKS LIKE A DRAINED RIGHT INTO THE FENCE, CORRECT? YES. I MEAN, DO YOU, DO YOU, IS IT, HAVE YOU HAVE, HAVE YOU HAD A COUPLE HEAVY RAINS SINCE YOU'VE HAD THIS INSTALLED TO SEE WHAT SORT OF EFFECTS THE DRAINAGE HAVE IN THAT AREA? THIS WAS, UH, INCLUDED, UH, ACTUALLY IN THE HOME WHEN I PURCHASED IT. SO ACTUALLY I'M NOT AWARE OF THE AGE. I BELIEVE THEY REFERENCED IT WAS IN PLACE PRIOR TO OH ONE. AND SO I HAVE NOT NOTICED ANY, ANY ISSUES WITH SETTLING OR HAVE NOT HEARD ANY COMPLAINTS FROM THE ADJOINING NEIGHBOR AS WELL. ALRIGHT. THANK YOU. THANK YOU. ARE, ARE THOSE, UH, CARPORTS, THE FIRST ONE, IS THAT CONSIDERED A PORTABLE? IS THAT ANCHORED TO THE [05:40:01] CONCRETE? IT IS SCREWED INTO THE CONCRETE, YES. BUT YOU CAN MOVE IT. I AM HONESTLY NOT OPPOSED TO REMOVING IT, TO BE HONEST. SO IT'S, IT IS BOLTED. IT'LL TAKE SOME WORK, BUT YOU KNOW, IT CAN BE REMOVED PRETTY EASILY. THANK YOU, SIR. DO WE HAVE ANY OTHER QUESTIONS FOR THE APPLICANT STAFF? DO WE HAVE ANYBODY SIGNED UP FOR PUBLIC PORTION? ANY VOICEMAIL OR NO PUBLIC COMMENT? ALRIGHT. UM, WOULD YOU LIKE TO PROVIDE SOME CLOSING COMMENT, UH, BEFORE WE CLOSE THE PUBLIC PORTION? ONE VOICEMAIL? WE MIGHT'VE JUST HAD ONE VOICEMAIL. ACTUALLY IT DID COME IN LIKE 8:00 AM AVI LUCK. 9 2 0 7 WALLINGFORD STREET, SAN ANTONIO, TEXAS 7 2 1 7. REGARDING CASE NUMBER ENDS WITH 1 1 1, I AM IN FAVOR OF THE SUBJECT PROPERTY ADDRESS, 41 23 BARRINGTON STREET. IN FAVOR AGAIN FOR DEFENSE, THE SPECIAL EXTENSION ON THE FENCE IN FAVOR. THANK YOU, SIR. THANK YOU. GILBERT DAVILA. LET IT BE NOTED HE'S THE REAR ADJOINING NEIGHBOR FOR THE SEVEN FOOT SCREEN. EVEN BETTER. THANK YOU, SIR. ANY OTHER, UM, ORIAN QUESTION? YEAH, MS. ORIAN? YEAH. SO REAL QUICKLY, THIS IS AN ACCESSORY DRIVEWAY 'CAUSE YOU HAVE A DOUBLE DRIVEWAY GOING INTO YOUR, YOUR GARAGE. THIS IS JUST FOR THE STORAGE OF AN EXTRA CAR. THAT'S MAYBE, THAT IS CORRECT? YES. OKAY. SO THIS ISN'T YOUR PRIME DRIVEWAY. OKAY. THANK YOU. THANK YOU SIR. ALRIGHT, THAT CLOSES THE PUBLIC PORTION. I'D ASK A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION. REMEMBER THERE'S, THERE'S TWO PARTS HERE. WE HAVE THE SPECIAL EXEMPTION AND ALSO THE VARIANCE. CRUZ ORIAN. UM, MS. CRUZ, I'LL DO THE ONE FOR THE SPECIAL EXCEPTION REGARDING CASE NUMBER B O A 23 103 0 1 1 1. I MOVE AT THE BOARD OF ADJUSTMENT GRANTER REQUEST FOR A RE FOR A ONE FOOT FIVE INCH SPECIAL EXCEPTION FROM THE MAXIMUM SIX FEET FENCE HEIGHT REQUIREMENT TO ALLOW A SEVEN FOOT FIVE FIVE INCH, UH, SOLID SCREEN FENCE ALONG THE REAR PROPERTY LINE SITUATED AT 4 1 2 3 BARRINGTON STREET. APPLICANT BEING ANTONIO LOPEZ. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C S AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE U D C STATES, THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR FENCE HEIGHT MODIFICATION. THE ADDITIONAL FENCE HEIGHT BEING REQUESTED IS ONLY LOCATED ALONG THE REAR PROPERTY LINES THAT DOES NOT EXCEED EIGHT FEET IN HEIGHT. IF GRANTED, STAFF FINDS THE REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE. B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SIGNIFICANT SUBSTANTIALLY SERVED. IN THIS CASE. THE, THESE CRITERIA REPRESENTED BY FENCE HEIGHTS TO PROTECT PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY, THE FENCE IS EXCEEDING THE MAXIMUM HEIGHT RE REQUIREMENT BY ONE FOOT FIVE INCHES AND IS LOCATED ALONG THE REAR PROPERTY LINE. DUE TO THE IRREGULAR ORIENTATION OF THE SUBJECT'S PROPERTY LINE PROPERTY LOT WITH A NEIGHBORING LOT, AN INCREASED FENCE HEIGHT WILL SERVE THE PUBLIC WELFARE AND SUBSTANTIAL JUSTICE WILL BE SERVED. SEE, 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. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE ADDITIONAL FENCE HEIGHT IS THE, OF THE SUBJECT PROPERTY DOES NOT APPEAR TO ALTER THE LOCATION FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT AS THE ABUD BASED ZONING DISTRICTS ARE RESIDENTIALLY ZONED. ADDITIONALLY, THE ORIENTATION OF THE PROPERTY WOULD BE BENEFICIAL FOR INCREASE IN FENCE HEIGHT. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEARING ESTABLISHED FOR THE SPECIFIC DISTRICT. THE REQUEST THAT SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. AND A MOTION I HAVE A SECOND. SECOND, MS. CRUZ SECOND. OKAY. I DON'T SEE A PROBLEM WITH THIS. IT'S A VERY NI WELL-MADE FENCE. AND IF THE NEIGHBORS ARE GOOD WITH IT, I DON'T SEE A PROBLEM WITH IT. THANK YOU MS. ORIAN. I'M FINE WITH IT AS WELL. LET'S TAKE A ROLL CALL. VOTE ON THE SPECIAL EXEMPTION. MS. CRUZ. I CONCUR. MR. UNA I CONCUR. MR. SPIELMAN. I CONCUR. MR. BONILLA? YES, I CONCUR. MR. MANCHACA [05:45:01] CONCUR. MR. DEAN CONCUR. MR. MANNA, I CONCUR WITH THE FINDINGS OF FACT. MS. HAYES. I CONCUR. MR. VASQUEZ. I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH TENANT FAVOR. ZERO IN OPPOSITION. THE SPECIAL EXTENSION PASSES. CAN I GET A MOTION FOR, OR CAN I GET A MOTION FOR THE, UH, THE VARIANCE NOW ORIAN, MS. IAN, REGARDING CASE NUMBER VO EIGHT DASH 23 DASH OH 3 1 1. I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED REQUEST FOR ONE A FIVE TWO INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A SOLID SCRAPING FENCE TO BE NINE FOOT 10 INCHES FROM THE SIDE YARD DRIVEWAY CURVE. TWO, A REQUEST FOR A SEVEN FOOT FOUR INCH VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE 12 FOOT EIGHT INCHES FROM THE REAR PROPERTY LINE. AND THREE, A TWO FOOT SEVEN INCH VARIANCE FROM THE MINIMUM FIVE FOOT REAR SETBACK REQUIREMENT TO ALLOW A CARPORT ACCESSORY STRUCTURE TO BE TWO FOOT FIVE INCHES FROM THE REAR PROPERTY LINE SITUATED AT 41 23 BARRINGTON STREET AFTER BEING ANTONIO LOPEZ. BECAUSE THE TESTIMONY PRESENTED TO US IN THE BACKS THAT WE HAD DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE APPLICANT IS REQUESTING A CLEAR VISION VARIANCE WHILE TENDS TO BE NINE TO 10 INCHES FROM THE SIDE DRIVEWAYS. STAFF FINDS THAT THIS REQUEST WILL NOT BE CONTRARY TO THE PUBLIC INTEREST AS THIS IS AN ACCEPTABLE DISTANCE. THE APPLICANT IS ALSO REQUESTING A VARIANCE TO DEVIATE FROM THE MINIMUM REAR SETBACK REQUIREMENT. IN THIS CASE, A PUBLIC INTEREST IS REPRESENTED BY RESTRICTED SETBACKS TO PROVIDE SUITABLE SPACING BETWEEN STRUCTURES. STAFF FINDS THAT THIS IS AN ALLOWABLE AMOUNT OF SPACING AS THE STRUCTURES WILL PROVIDE A SUITABLE DISTANCE FROM THE NEIGHBORING PROPERTIES. TWO, DUE TO SPECIAL CONDITIONS OF LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT ALTERING DEFENSE TO MEET THE UNKNOWN 15 FOOT CLEAR VISION REQUIREMENT FOR THE SIDE DRIVEWAY. THIS RESULTED IN UNNECESSARY HARDSHIP AS A REAR YARD OF THE SUBJECT PROPERTY WOULD DECREASE IN SIZE. FURTHER, THE ENFORCEMENT OF THE REAR SETBACK FOR THE ATTACHED AND DETACHED STRUCTURE WOULD RESULT IN AN UNNECESSARY HARDSHIP AS THERE IS LIMITED ROOM IN THE REAR YARD TO ADHERE TO THE ORDINANCE. THREE. BY GRANTING THE VARIANCE OF SPIRIT, THE ORDINANCE WILL BE OBSERVED IN STENTION JUSTICE WILL BE DONE. THE CLEAR VISION, UH, REQUEST TO ALLOW FENCE TO BE NINE TO 10 INCHES FROM THE SIDE DRIVEWAY WILL RESERVE THE SPIRIT OF THE ORDINANCE BY PROVIDING A SAFE DISTANCE BETWEEN THE TWO POINTS, ALLOWING VEHICLE TRAFFIC TO NOT BE OBSTRUCTED. ADDITIONALLY, THE DRIVEWAY REVERSES ONTO A CUL-DE-SAC STREET. THE PROPOSED REAR SETBACK WILL ADHERE TO THE SPIRIT OF THE ORDINANCE. AND SUBSTANTIAL JUSTICE WILL BE DONE BY ALLOWING FOR SUITABLE DISTANCES BETWEEN THE STRUCTURES AND NEIGHBORING PROPERTIES. ADDITIONALLY, THE STRUCTURES ARE AB BINDING BY ALL OF THEIR BUILDING REGULATIONS. FOUR. THE VARIANCE OF NOT AUTHORIZED OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED NO USES OTHER, THE NO ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE ON THAT SUBSTANTIAL INJURY, THE APPROPRIATE USE OF ADJACENT TO FORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE CLEAR VISION DISTANCE WILL BE NINE FOOT 10 INCHES FROM THE SIDE DRIVEWAY AND THE STRUCTURES WILL MAINTAIN THEIR REDUCED SETBACKS, WHICH IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX. APPLY FOR THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS THOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY. AND THEY'RE NOT MERELY FINANCIAL AND THEY'RE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS IT APPLY TO THE OWNER OF THE PROPERTY FOR ITS SEVERITY SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE ORIENTATION OF THE LOT AND LIMITED SPACE FOR THE ADJUSTMENTS IN THE REAR YARD. END OF MOTION. SECOND. SECOND, SECOND. MS. CRUZ. MS. ORIAN? UH, I'M, I DON'T HAVE A PROBLEM WITH ANY OF THAT. I, I THINK HE HAS A PRIME DRIVEWAY IN A GARAGE. AND THIS IS JUST FOR A MINOR ACCESSORY USE. UH, UH AND HE'S JUST TRYING TO CLEAN UP A, A, A EXISTING, UH, DEVIATIONS FROM THE CODE FOR A PROPERTY HE PURCHASED, UH, THAT WAS BUILT THAT WAY. SO I DON'T HAVE A PROBLEM WITH IT. MS. CRUZ? YES, I CONCUR WITH MY, UH, COLLEAGUE AND I DON'T SEE ANY PROBLEMS WITH IT EITHER. ALRIGHT, LET'S TAKE A ROLL CALL. VOTE CHAIR. ORIAN. I CONCUR THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. MR. SPIELMAN. I CONCUR. MR. BONILLA? YES, I CONCUR. MR. MANCHACA. I CONCUR. MR. DEAN. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. HAYES. I CONCUR. MR. VASQUEZ. I CONCUR. MR. UNA. YES, I CONCUR. TENANT FAVORS YOUR OPPOSITION. THE VARIANCE DOES PASS. UH, GOOD LUCK WITH THE PROJECT. THANK YOU. THANK YOU FOR YOUR TIME. NEXT CASE. THANK YOU. [05:50:06] OKAY, ITEM NUMBER 14 IS BO O A DASH 23. UH, DASH 1 0 3 0 1 2 1. ADDRESS IS 1 7 2 2 NORTH OLIVE STREET IN CITY COUNCIL. DISTRICT NUMBER TWO, APPLICANT BEING JOSE SEPULVEDA. A REQUEST FOR A 3,231 SQUARE FOOT VARIANCE FROM THE MINIMUM 6,000 SQUARE FOOT. LOT SIZE MINIMUM TO ALLOW A LOT TO BE 2,769 SQUARE FEET AND TO A 11 FOOT VARIANCE FROM THE MINIMUM 50 FOOT LOT WIDTH REQUIREMENT TO ALLOW A LOT TO BE 39 FEET. AND THE CURRENT ZONING IS R SIX. THE SUBJECT PROPERTY LOCATED ALONG NORTH OLIVE STREET, NEAR EAST CARSON STREET IN THE GOVERNMENT HILL NEIGHBORHOOD OF SAN ANTONIO. CURRENTLY THE LOT IS VACANT AND IS APPROXIMATELY 2,769 SQUARE FEET WITH THE LOT WIDTH OF 39 FEET. UPON DENIAL FOR A CERTIFICATE OF DETERMINATION, THE APPLICANT WAS INFORMED THAT THEY WOULD NEED TO OBTAIN A VARIANCE FOR, FOR THE MINIMUM LOT SIZE. ADDITIONALLY, A LOT WITH VARIANCE IS REQUIRED FOR THE CONSTRUCTION OF THE SINGLE FAMILY DWELLING. THE SUBJECT PROPERTY UNDERWENT A LARGE AREA OF REZONING IN 2010, WHICH LED TO THE PROPERTY NOT MEETING THE MINIMUM LOT SIZE FOR THE CURRENT BASE ZONING DISTRICT. UH, THE APPLICANT IS ABIDING BY ALL OTHER BUILDING REGULATIONS AND THE USE IS CURRENTLY ALLOWED IN THE BASE ZONING DISTRICT. UM, UPON SITE VISIT STAFF OBSERVED SMALLER AND NARROW LOTS IN THE IMMEDIATE AREA. AND THIS IS THE SITE PLAN AND THE SUBJECT PROPERTY AND THEN THE SURROUNDING AREAS. STAFF RECOMMENDATION FOR THE LOT SIZE AND WIDTH VARIANCE STAFF RECOMMENDS DENIAL AND BO A DASH 23 DASH 0 3 0 1 21 BASED ON THE FOLLOWING, ONE, THE INCREASEMENT OF DENSITY FOR THE ASSIGNED ZONING DISTRICT CAN INFRINGE ON THESE SURROUNDING PROPERTY OWNERS BY THE LOT BEING SMALLER IN SIZE. AND TWO, THE APPLICANT CAN RE ZONE TO A ZONING DISTRICT THAT WOULD ALLEVIATE THE NEED FOR THE REQUESTED VARIANCES. AND THIS IS THE NOTIFICATION PLAN. STAFF MAILED OUT 34 NOTICES. UH, ZERO IN FAVOR, ZERO IN OPPOSITION, AND A RESPONSE FROM THE GOVERNMENT HILL ALLIANCE NEIGHBORHOOD ASSOCIATION. UH, THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. THANK YOU. LET'S SEE IF WE HAVE ANY QUESTIONS FOR, UH, THE STAFF. WHAT, I HAVE A QUICK QUESTION. WHAT WOULD THE, THE, THE COST BE? SO THE STAFF IS RECOMMENDING A, A REZONING MM-HMM. , UH, VERSUS THE VARIANCES THAT THEY'RE REQUESTING. WHAT WOULD THE COST DIFFERENCE IF THEY WERE TO SEEK A, A REZONING AND KIND OF TIME AND COST? THE PRICE OF REZONING IS $842 AND 70 CENTS. OKAY. UM, AND THE DIFFERENCE OF THAT WOULD BE MINUS 600? YEAH. MINUS 600. SO BECAUSE THERE'S STILL A PUBLIC INPUT, WHETHER IT'S A VARIANCE THAT THEY'RE SEEKING, ARE THE, ARE THE ZONING, UH, RECLASSIFICATION? UH, YES SIR. YEAH. OKAY. THANK YOU. LET'S, UH, MANNA MANNA. SO QUESTION I HAVE WOULD BE, UM, IF THIS WAS REZONED, WOULD IT HAVE CHANGED ANY OF THE OTHER DIALOGUE WITH REGARDS TO WHAT IS BEING SOUGHT FOR THE VARIANCE WITH REGARDS TO THE, UM, THE WIDTHS OR ANYTHING ELSE HERE THAT, THAT WE'RE READING? UM, CORRECT. YEAH. IF YOU WERE TO REZONE AND IT GOT APPROVED, IT WOULD ALLEVIATE THE NEED FOR THE, UM, OTHER VARIANTS. UH, THAT AGAIN, ORIAN HO HO HOLD ON. UH, YEAH. HEAR WHAT YOU JUST SAY. YEAH. IF, IF HE WERE TO REZONE THEN IT WOULD ALLEVIATE THE NEED FOR THE, UM, LOT SIZE VARIANCE AND THEN THE LOT WIDTH VARIANCE. WHAT WOULD CHANGE IF HE, IF HE WENT THROUGH THE ZONING MM-HMM. , ARE THERE ANY RESTRICTIONS WITH, SO IF HE REZONED, WE WOULD MOST LIKELY SUGGEST AN I D Z ONE, UH, WITH EITHER PERMITTED FOR ONE RESIDENTIAL UNIT, UM, OBVIOUSLY THE APPLICANT WOULD'VE TO MAKE THAT DECISION, BUT THAT WOULD BE ALL RECOMMENDATION NATION. OKAY. WOULD THAT, UH, CHANGE THE, UH, SQUARE FOOTAGE OR THE SETBACKS OR ANYTHING? UH, HE WOULD ACTUALLY HAVE A LITTLE BIT MORE SETBACKS WITH THE REZONING. ALRIGHT. THANK YOU. UM, MR. ORIAN? YEAH, UH, QUICK QUESTION. SO THE TWO LOTS TO THE NORTH REZONED, I D Z, I ASSUME THERE'S A PLA SUBMITTED ON THOSE THINGS. STAFF SAY, SAY THAT ONE MORE TIME. WELL, THE, THE TWO PARCELS OR LOTS TO THE NORTH WERE ZONED I D Z. AND SO A ACCORDING TO, UH, TO LIKE B, C, A, THEY'VE ALREADY BEEN REPLANTED. AND SO THOSE ARE, THOSE ARE LOTS OF 15 AND 16. AND WOULDN'T THIS BE THE SOLE REMAINDER OF LOT ONE? WOULDN'T THEY QUALIFY FOR C O D FOR ALL THIS STUFF? UH, I BELIEVE THEY WENT FOR A C O D ALREADY. UM, IF THAT'S THE DETERMINATION THAT THE LAND ENTITLEMENT'S MADE, I'M NOT SURE. UM, YEAH, I WAS JUST, I WAS JUST WONDERING BECAUSE IF [05:55:01] THERE'S A SOLE REMAINDER OF LOT ONE THAT IS ONE EXEMPTION. UH, I DON'T KNOW THE OTHER STIPULATIONS ON THAT EXACTLY, BUT I KNOW THAT'S ONE OF THE EXEMPTIONS. OKAY. WELL THANK YOU VERY MUCH. THANK YOU MR. ORIAN. UH, IT'S TIME. MONEZ. I HAVE A QUESTION. MR. MONEZ? YES. IS THIS IN THE ORIGINAL 36 UH, MILES OF SAN ANTONIO? YES. SO THEN DOESN'T IT QUALIFY FOR C O D AT THAT POINT, OR SHOULD, SHOULDN'T IT HAVE THAT'S NOT, SHOULD IT HAVE GONE BACK TO WHAT IT WAS? THAT'S NOT THE AU WELL, IT NO, THAT'S NOT AU AUTOMATICALLY JUST BECAUSE YOU'RE IN THE ORIGINAL 36 MILES, THAT DOESN'T MAKE YOU OR, UH, ELIGIBLE AUTOMATICALLY FOR A C O D. THERE ARE CERTAIN CRITERIA THAT YOU HAVE TO MEET IN ORDER TO BE ELIGIBLE FOR A C O D. BUT IS THERE A REASON WHY, UH, WE'RE GOING WITH THIS LINE OF QUESTIONING BECAUSE, UH, IT'S NOT REALLY RELEVANT TO THE REQUEST AND SO, YEAH, LET ME, LET ME CHIME IN AS TO WHY. SO IF THEY'RE ELIGIBLE FOR C O D, IN THEORY, THEY DON'T HAVE TO COME TO US. YEAH. WHY ARE WE HERE? SO THE C O D, THEY'RE, IF THEY'RE IN THE ORIGINAL 36 SQUARE MILES, THEY'RE NOT THE, THEY'RE NOT THE, UH, IT'S LOT ONE, IT'S NOT IN ITS FORMAT THAT IT WAS. SO THAT TAKES IT OUT NOW THAT THEY'RE THE SOLE REMAINDER OF A LOT, THEY COULD THEORETICALLY COMPLY, BUT IT WOULD HAVE TO BE ESTABLISHED BEFORE 2005 AND THE TWO I D Z ZONING ABOVE IT AND THE REPL KIND OF CHANGED ALL THAT. SO IS THAT THE REASON WHY THEY'RE NOT SUBJECT TO A C O D AGAIN? UH, THE LAND ENTITLEMENT SESSION HAS TO MAKE THAT DETERMINATION FOR A C O D WE DO NOT. I MEAN, IT'S JUST AS FAR AS HARDSHIP WISE, I THINK AS A, WHEN I'M REVIEWING THIS AS A, AS A BOARD MEMBER HERE, I'D, IT'D BE NICE TO KNOW IF, IF THE LANDOWNER TO THE NORTH PUT THIS PERSON IN THIS POSITION, THAT'S ALL. WE COULD ALSO, UH, HAVE THE APPLICANT ASK, UH, LET YOU KNOW IF THEY HAVE APPLIED FOR A C O D. WE'RE GONNA GO AHEAD AND LOOK ONLINE IN THE BUILD SA SYSTEM. IT WAS DENIED. IT WAS A, YEAH, IT WAS A DENIAL. IT, THEY WERE NOT ELIGIBLE FOR IT. OKAY. I'M JUST CURIOUS AS IF YOU KNOW SOMEBODY PLATS AND REZONES AND PUT SOMEONE ELSE IN A HARDSHIP. I'M JUST WONDERING IF THERE WAS, IF THERE'S ANY RECOURSE FOR THAT PERSON OTHER THAN TO COME TO US. UH, BUT OKAY. THANK YOU. THANK YOU. UH, AT THIS POINT WE'LL LET THE APPLICANT PLEASE COME FORWARD. WENT TO DINNER. JOSE, OUTSIDE. DOUBLE CHECK THE, UH, YOU A SECOND. HE'S GONNA NEED A SECOND. YEAH. OKAY. EMERGENCY, CAN WE SEEK A CONTINUANCE TO SEVEN 30 BREAK TIME PUBLIC COMMENTARY THAT WE CAN READ INTO THE RECORD OR THERE'S NO PUBLIC COMMENT. OKAY. JUST TABLE AND GO ON TO THE NEXT ONE. CAN WE, CAN WE TABLE IT AND THEN OKAY. LET'S TABLE THAT, UH, WHERE WE'D LEFT AND THEN WE'LL PICK IT UP. NEXT CASE PLEASE. BEFORE WE, BEFORE WE MOVE ON TO THE NEXT CASE. UH, THERE MAY BE A CHANCE HE'LL BE WALKING IN THE DOOR IN THE NEXT TWO MINUTES. ONE MINUTE. AT THIS POINT WE'D ASK FOR PUBLIC COMMENT. I MEAN, I'M SORRY. WE'D ASK FOR THE APPLICANT TO PLEASE COME FORWARD. YEAH. JOSE, THIS NEED THE TRANSLATOR AT NORTH OLIVE? NO. [06:00:02] OH, 15, SAME FIRST NAME, WRONG PERSON. NEVERMIND. THE APPLICANT'S NOT HERE. DIFFERENT JOSE, THIS SLICK. UH, I SEEK A LET'S SEEK A CONTINUANCE. HAVE A MOTION FOR CONTINUANCE FOR CASE NUMBER, UH, 1, 2, 1. MOTION. DO I HAVE A SECOND? SECOND. CAN WE TAKE A ROLL CALL? VOTE. LET, WE CAN JUST DO ALL IN FAVOR. OKAY. ALL IN FAVOR SAY AYE. AYE. AYE. AYE. AYE. AYE. AYES HAVE IT. MOTION PASSES. UH, WE'LL, UH, CONTINUANCE TO THE NEXT AVAILABLE, UH, BOARD OF ADJUSTMENT MEETING. NEXT CASE, PLEASE. ALL RIGHTY. UH, CASE 1 22, LOCATED AT 1247 ESSEX STREET, DISTRICT TWO, APPLICANT BEING RANDOLPH ALSTON. A REQUEST FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ACCESSORY STRUCTURE WITH A ONE INCH SIDE SETBACK ZONED RMM FOUR. COULD WE SEE IF THE APPLICANT'S HERE FOR ONE? YES, HE'S RIGHT. OKAY. UH, THE SUBJECT PROPERTY LOCATED WITH JUST NORTH OF THE INTERSECTION OF IH 10 EAST AND SOUTH WALTER STREET ON THE CORNER. LOT CO COMPLIANCE ISSUED A CITATION FOR THE STRUCTURE, NOT OBSERVING THE FIVE FOOT SIDE SETBACK AND ENCROACHING PAST THE PROPERTY LINE. DATED PHOTOGRAPHS SHOWED A STRUCTURE WAS IN THE CURRENT CONFIGURATION SINCE AT LEAST 2007 AND APPROVED. PROPERTY OWNER IS AWARE THAT THE STRUCTURE MUST BE TRIMMED DOWN TO AT LEAST ONE INCH IF APPROVED FROM THE PROPERTY LINE OR AN ALTERNATE APPROVAL BY THE BOARD. SEVERAL STRUCTURES WERE OBSERVED ENCROACHING INTO THE SIDE SETBACKS TO INCLUDE THE ABUTTING PROPERTIES GARAGE LOCATED WITHIN INCHES OF THIS ACCESSORY STRUCTURE AT HAND. HOWEVER, IT APPEARS THAT THESE WERE CONSTRUCTED PRIOR TO CURRENT BUILDING STANDARDS. SO AS YOU SEE THE ONE INCH, UH, THE, THE WHITE ARROW POINTING AT THE, UH, ACCESSORY STRUCTURE KIND OF IN THE MIDDLE, UH, WEST OF THE PROPERTY, THIS IS THE FRONT OF THE HOUSE THAT IS THE ACCESSORY STRUCTURE AND THE SURROUNDING AREAS STAFF RECOMMENDS DENIAL OF BO O A 23 1 0 3 0 0 1 22 BASED ON THE FOLLOWING FINDINGS OF THE FACT THAT THIS IS NOT SUITABLE AS IT IMPOSES ON THE PUBLIC INTEREST OF THE ADJACENT NEIGHBOR TO BE BEING TOO CLOSE TO THE SHARED PROPERTY LINE. WATER RUNOFF MAY BE IMPOSED AND THE RISK OF FIRE SPREAD IS GREATER AND THE APPLICANT COULD RELOCATE THE STRUCTURE. UH, WE HAVE ONE IN OPPOSITION AND THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION IS OPPOSED. NEXT SLIDE FROM THE DENVER HEIGHTS, AND THIS IS FROM THE NEIGHBOR TO HIS WEST. THAT CONCLUDES STAFF PRESENTATION. THANK YOU. ANY QUESTIONS FOR STAFF? MR. ORIAN? IS THIS THING MOUNTED TO THE GROUND, UH, UH, PHYSICALLY OR IS IT JUST LAYING ON THE CONCRETE? RESTING ON THE CONCRETE. I BELIEVE IT'S, UM, MOUNTED TO THE GROUND, BUT IF WE CAN GET ASKED, UH, THE APPLICANT TO CLARIFY. ALRIGHT, THANK YOU CRUZ. ANY QUESTIONS FOR STAFF CRUZ? MS. CRUZ? UM, WAS THIS A CO COMPLIANCE COMPLAINT OR HOW DID WE GET THIS CASE CODE COMPLIANCE, MA'AM. OKAY. THANK YOU. ANY OTHER QUESTIONS FOR STAFF HEARING NINE? I'D ASK THE APPLICANT TO PLEASE COME FORWARD AND, UH, PLEASE KEEP YOUR COMMENTS TO THE PERTINENT FACTS OF THE CASE. YES. HELLO. GOOD AFTERNOON. UH, RANDOLPH ALSTON AT, UH, 1247 ESSEX. UM, I'M ASKING FOR A VARIANCE ON THIS, UH, LOCATION, UH, BECAUSE, UH, UH, I JUST, UH, I WASN'T AWARE OF THE, UH, THE, UH, VIOLATION THAT IT WAS TOO CLOSE TO THE FENCE. UH, BUT I AM ABLE, ABLE TO MAKE THE, UH, I'M WILLING TO MAKE THE ADJUSTMENTS IF I HAVE TO. UM, I RECENTLY LAST YEAR JUST HAD THE, UM, THE STRUCTURE, UH, REBUILT. UH, AND WE PAINTED IT AT A COST OF, UH, $800. UH, SO I'D LIKE TO, UH, IF I CAN JUST MAKE SOME MODIFICATION, IF YOU APPROVE, UH, YOU KNOW, MAYBE CUT THAT, UM, THE EDGE OF THEIR ROOF THAT'S OVER THEIR FENCE. UH, I'M WILLING TO DO THAT, UH, IF IT'S APPROVED. THANK YOU, SIR. LET'S SEE IF WE HAVE ANY QUESTIONS. UH, MINKA. MR. MANCHACA, THEN MS. CRUZ. I, I THINK WE, A CLARIFICATION. WE WANT, IS IT ANCHORED TO THE GROUND? IS THE STRUCTURE BOLTED OR ON A CONCRETE SLAB? HE'S NOT ON A CONCRETE SLAB. IT'S, UH, SO, SO IT'S PRETTY BIG, SO IT BE PRETTY. SARAH, MAY YOU SPEAK [06:05:01] INTO THE MICROPHONE PLEASE. COULD YOU, UH, IF YOU'RE GONNA SPEAK ANY, MY NAME IS LARRY GONZALEZ AND, UH, THE TRUCK SHOW IS, UH, NOT MOUNTED TO THE, TO THE CONCRETE, BUT IT COULD BE MOVED, BUT IT'S REAL HEAVY. UH, SO I'M A FRIEND OF HIS AND, UM, THE REASON WE'RE HERE IS BECAUSE THE NEIGHBOR, THE NEIGHBOR'S ALWAYS BEEN, YOU KNOW, REAL BAD WITH HIM. UH, SO HE, UH, ALWAYS COMPLAINING ABOUT THE FRONT YARD AND JUST A LOT. AND THEN, SO NOW HE WENT IN COMPLAINING ABOUT THAT. SO HE GOT CO COMPLIANCE TO GO BACK THERE. AND TO ME IT WOULD'VE BEEN EASIER IF CO COMPLIANCE WOULD'VE TOLD HIM, HEY, JUST SHAVE IT. WE WOULDN'T BE HERE. OR JUST MOVE IT A LITTLE BIT, OR WHATEVER IT WAS. BUT IT'S THERE. IT'S HEAVY. YEAH, I UNDERSTAND THAT. BUT JUST TO SAY IN MANY WORK FROM DOING ANY ALTERATIONS TO THE STRUCTURE ON THE ROOF AND THE RAFTERS YEAH. AND IF IT CAN BE MOVED, SHOVED PROBLEM'S OVER, PROBLEM'S OVER SHOULD MOVE IT OVER. SO IT'S A RECOMMENDATION, NOT, NOT A SOLUTION. OKAY. MANANA, MR. MANNA. SO, SO, SO FOLLOW UP ON THAT LINE OF THOUGHT. YOU SO, SO I'VE MOVED STRUCTURES BEFORE YOU KNOW, GETTING LIKE A TWO BY FOUR AND LEVERAGING THE FENCE AND BASICALLY USING IT AS A FULCRUM TO PUSH IT OUT. AND SO A QUESTION I WOULD ASK IS, YOU KNOW, COULD YOU PUSH IT OUT BY TWO FOOT OR THREE FOOT AWAY FROM WHERE IT CURRENTLY IS? AND SO THAT WOULD PUT THE WHOLE STRUCTURE ON YOUR PROPERTY AND THEN ALLOW FOR THAT WATER TO DRAIN OFF, YOU KNOW, BASICALLY ONTO THE PROPERTY. WOULD THAT, WOULD THAT WORK IN THAT SPACE THAT YOU HAVE AVAILABLE? OR HOW FAR COULD YOU MOVE IT OVER, I GUESS IS THE QUESTION I'M ASKING? WELL, IF YOU'RE LOOKING AT IT NOW, AND YOU KNOW WHERE IT'S AT NOW, UH, IF YOU MOVE IT MAYBE, UH, TWO FOOT, IT'LL BE OFFICE PROPERTY. OKAY. THANK YOU, SIR. OKAY. ORIAN. MR. ORIAN, HOW FAR IS AWAY? HOW FAR IS IT AWAY FROM THE FENCE? FACE OF FENCE? IT'S ONE ONE INCH. GOT A PICTURE OF IT IN THE SIDE. IT'S, IT'S RIGHT ON THE, UH, FENCE LINE. IT'S ONE INCH. OKAY. THANK YOU. NEXT QUESTION. OKAY, MS. BRUCE, DO YOU HAVE QUESTIONS? YES. UHHUH, . SO YOU CAN, UM, MOVE IT UP AT LEAST A FOOT OR TWO SO THAT IT'LL BE AWAY FROM THE FENCE AND THEN THAT, THAT WOULD SOLVE THE PROBLEM. AND THAT WOULD STILL LEAVE YOU ROOM IN THE BACKYARD. WE JUST WANNA MAKE SURE THAT YOU STILL HAVE ROOM IN THE BACKYARD IF YOU MOVE THIS BOAT. UH, IT'D BE, UH, VERY, IT'D BE, UM, UH, VERY TIGHT IF I HAD TO MOVE IT, UH, BECAUSE THERE'S NOT MUCH ROOM IN THAT AREA BETWEEN MY GARAGE AND, UH, THIS, THE STORAGE ROOM. SO IS IT, IS IT ONE FOOT? IS IT 12 INCHES, 24 INCHES? HOW, HOW FAR WOULD YOU STILL BE ABLE TO HAVE SOME SPACE TO MANEUVER AND, UH, WELL, I GUESS ABOUT THREE INCHES WOULD BE IDEAL. THREE, THREE INCH. I MEAN, IT'S ONE INCH RIGHT NOW, BUT, UH, IS THAT A, LIKE A FRIENDLY MOTION THAT WE HAVE TO PROPOSE? UH, I THINK WE HAVE NOT MADE A MOTION YET AT ALL. SO WE'RE JUST TRYING TO FIGURE OUT HOW MUCH CAN HE MOVE IT UP AND STILL HAVE MR. MATT, DO YOU WANNA JUMP IN ROOM? DO YOU WANNA JUMP IN HERE BECAUSE HE, FOR MOVING OR? YEAH, FOR MOVE. WELL, FOR MOVING OR 'CAUSE, UH, HE, YOU SO THREE INCHES. WELL, I WAS JUST LOOKING. SO IF YOU GO TO THE OVERHEAD VIEW, UM, AGAIN, AND SO IT LOOKS LIKE THE NEIGHBOR IS ABOUT, IT LOOKS LIKE THE NEIGHBOR IS MAYBE TWO FEET AWAY FROM THE FENCE THERE. UH, THERE YOU GO. YEAH, THERE YOU GO. SO, SO AU THE NEIGHBOR LOOKS LIKE THEY'RE MAYBE A FOOT OFF THE FENCE LINE. AND SO IF WE PUSH THE SHED OUT, WE'LL SAY, YOU KNOW, SO THAT, SO IT'S EQUAL DISTANCE AS THE, AS THE OTHER STRUCTURE. SO IT LOOKS LIKE A FOOT AWAY, WHICH MAY BE KINDA THE EASE, 18 INCHES. THAT PROBABLY GIVES US THAT SPACE, YOU KNOW, THE SAME SPACE THAT THE OTHER NEIGHBOR HAS AND BRINGS THE WATER ONTO THEIR SIDE. OKAY. SO, SO THAT'S HOW I WAS ASKING ABOUT, YOU KNOW, HOW FAR TO MOVE IT. AND, AND THEN, UM, LOOKING AS YOU MOVE IT CLOSER TO THE HOUSE, IT MAY GET A LITTLE BIT TIGHTER THERE, BUT I STILL THINK YOU WOULD HAVE ACCESS TO KIND OF MOVE AROUND IT. SO IS IT, DOES THAT SOUND REASONABLE OR ASTORIA? ASTORIA. YEAH. YEAH, ANYTHING, ANY. AND, AND IF YOU HAVE HIM MOVE IT TOWARDS TWO FEET OR LESS AWAY FROM THE SIDE, HE HAS, HE CAN'T HAVE ANY OVERHANG. SO IF YOU MAKE IT 18 INCHES OR TWO FEET, HE STILL HAS TO SLICE THE ROOF, WHICH IS FINE THAT I, I THINK THAT THAT SERVES A PURPOSE OF DRAINAGE, UH, COMPLIANCE TOO. OKAY. SO THAT, UM, SO DO I HAVE A MOTION? AND, AND MR. MANNA, WOULD YOU LIKE TO MAKE A MOTION FOR SURE? 18 INCHES. OKAY. ONE FOOT SIX INCHES. OKAY. UM, MANNA. SO MY MOTION, UH, REGARDING CASE NUMBER BOA 2 3 1 0 3 0 0 1 2 2, I MOVE THAT THE BOARD OF ADJUSTMENT, UM, GRANT A REQUEST FOR A ONE FOOT SIX INCH VARIANCE FROM THE MINIMUM, UM, FIVE FOOT SIDE SEC BACK TO ALLOW AN ACCESSION STRUCTURE TO BE, UM, OR, I'M SORRY, [06:10:01] A THREE FOOT, SIX INCH EXCEPTION TO ALLOW ACCESSORY STRUCTURE TO BE ONE FOOT SIX INCHES. AND I GET THAT RIGHT, UH, FROM THE SETBACK, UH, SITUATED AT 1 2 4 7 ESSEX STREET, APPLICANT BEING RANDOLPH ALSTON BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN NECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY RESTRICTED SIDE SETBACKS. TO PROVIDE SPACING BETWEEN THE PROPERTY LINE AND ACCESSORY STRUCTURE, THE APPLICANT IS REQUESTING A VARIANCE TO THE SIDE SETBACK TO ALLOW AN ACCESSORY STRUCTURE TO BE 18 INCHES FROM THE SIDE PROPERTY LINE. AFTER IT IS TRIMMED DOWN, STAFF FINDS THIS DISTANCE IS SUITABLE AS THE LOCATION IS NOT PHYSICALLY NEXT TO A STRUCTURE. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIPS. UH, STAFF FOUND SPECIAL CONDITION ON THE SUBJECT PROPERTY THAT, UH, WARRANT THE NEED FOR AN ACCESSORY STRUCTURE TO HAVE A 18 INCH SIDE SETBACK. UH, AN UNNECESSARY HARDSHIP SEEMS TO BE PRESENTED IN THIS CASE AS THE APPLICANT WOULD HAVE NO ROOM TO RELOCATE THE ACCESSORY STRUCTURE. THREE, BY GRANTING THE VARIANCE TO SPARE, THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPEAR OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN EXACT LITTER OF THE LAW. IN THIS CASE, THE INTENT IS FOR SUFFICIENT SPACING BETWEEN ACCESSORY STRUCTURE AND THE PROPERTY LINE. THE ACCESSORY STRUCTURE WILL BE 18 INCHES FROM THE SIDE PROPERTY LINE, WHICH WILL OBSERVE THE SPEAR OF THE ORDINANCE OR INTENT OF THE CODE AS A SEPARATION BETWEEN THE SHARED PROPERTY LINE. 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 OTHER 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 CENTRAL CHARACTER OF THE DISTRICT WHICH THIS PROPERTY IS LOCATED. UH, IF GRANTED, THE STRUCTURE WILL HAVE AN 18 INCH WILL BE, WILL BE 18 INCHES FROM THE SIDE PROPERTY LINE, WHICH IS UNLIKELY TO INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY BY HAVING A STRUCTURE AND 18 INCHES FROM AN BUDDING GARAGE. UH, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT, WHICH IS PROPERTY IS LOCATED. STAFF FOUND UNIQUE CIRCUMSTANCES ON THE SUBJECT PROPERTY THAT WOULD WARRANT THE NEED FOR A REDUCED SIDE SETBACK. THEIR PROPERTY DOES NOT, UH, HAVE SUFFICIENT SPACE IN THE REAR YARD TO RELOCATE THE STRUCTURE AND THE MOTION. SECOND, SECOND, SECOND, MS. CRUZ. SO, SO I THINK WHAT WE'RE, WHAT WE'RE KIND OF WAS WORKING, TRYING TO FIGURE OUT A COMPROMISE TO ALLOW YOU TO STILL KEEP THE STRUCTURE PRETTY CLOSE. BUT, UM, YOU KNOW, I'LL, BUT YOU'LL NEED TO MAKE SOME ADJUSTMENTS TO IT, YOU KNOW, UM, SO WE WANT TO PROTECT YOUR NEIGHBORS AS WELL AS YOU, YOU KNOW, FROM ANY, ANY HARM. 'CAUSE THAT'S KIND OF WHAT WE DO A LOT HERE. UM, AND THEN ALSO, YOU KNOW, TAKE A LOOK AT IT. IT LOOKS LIKE YOU MAY BE ABLE TO ALTER THE ANGLE OF IT. AND IF YOU ROTATED 90 DEGREES, YOU KNOW, THAT WOULD ALSO, UH, PROBABLY HELP A LITTLE BIT. 'CAUSE YOU WOULDN'T HAVE TO SHAVE OFF, YOU KNOW, ANY OF THE SIDE AS WELL. BUT, UM, BUT I, I LIKE THE MOTION WITH THE 18 INCHES. I THINK THAT THAT KIND OF HELPS BOTH OF Y'ALL END THE MOTION OR THAT'S END OF MY TOP. THANK YOU, MS. CRUZ. UM, I AGREE WITH MR. MANNA. I THINK THAT WOULD HELP A LOT AND THAT WOULD STILL GIVE HIM ROOM IN THE BACKYARD, BUT THEN BE AWAY FROM THE, THE FENCE WITHOUT THE BACK NEIGHBOR COMPLAINING AGAIN. THANK YOU. THANK YOU. UH, LET'S TAKE A ROLL CALL. VOTE MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. MR. MR. SPILLMAN. I CONCUR. MR. MR. BONIA. I CONCUR. MR. MANCHACA. I CONCUR. MR. DEAN. I CONCUR. MS. HAYES. I CONCUR. MR. VASQUEZ. I CONCUR. I, MR. UNA AYE. I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT WITH 10 IN FAVOR, ZERO IN OPPOSITION. THE MOTION, UH, PASSES. UH, UH, JUST GET WITH STAFF OR SEE WHAT YOU NEED TO DO. THANK YOU. ALRIGHT. APPRECIATE IT. THANK YOU. THANK YOU VERY MUCH. THANK Y'ALL FOR BEING HERE. HAVE A BLESSED ONE. NUMBER 16, 1 24. SHOULD BE NEXT. IS THE APPLICANT HERE FOR 1 24? YES, THAT'S THE OTHER JOSE. ALL RIGHT. UH, BO O A 23 1 0 3 0 0 1 24 LOCATED 1525 DELGADO STREET, DISTRICT FIVE APPLICANT BEING JOSE AMLO MALDONADO. THIS IS A REQUEST FOR A THREE FOOT, FOUR INCH VARI FOR THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ACCESSORY STRUCTURE TO BE ONE FOOT EIGHT INCHES FROM THE SIDE SETBACK. A [06:15:01] FOUR INCH, FOUR FOOT, 11 INCH VARI FOR THE MINIMUM FIVE FOOT REAR SETBACK TO ALLOW AN ACCESSORY STRUCTURE TO BE ONE INCH FROM THE REAR SETBACK. A ONE FOOT VARIANCE FROM THE MINIMUM FI 15 FOOT CLEAR VISION TO ALLOW A DRIVEWAY WITH A 14 FOOT CLEAR VISION FROM A PREDOMINANTLY OPEN FENCE. A TWO FOOT FOUR INCH SPECIAL EXHAUSTION FROM THE MINIMUM FROM THE MAXIMUM FIVE FOOT, UH, HEIGHT TO ALLOW A SIX FOOT FIVE INCH, PREDOMINANTLY OPEN FENCE IN A FRONT PROPERTY LINE WITH A SEVEN FOOT FOUR INCH FRONT, UH, FENCE POST AND A SIX FOOT PREDOMINANTLY OPEN FENCE IN A FRONT YARD EASTERN PROPERTY LINE. AND A THREE FOOT SPECIAL EXEMPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT TO ALLOW A SIX FOOT PRIVACY FENCE IN THE FRONT YARD. WESTERN PROPERTY LINE ZONING IS R FOUR RESIDENTIAL SINGLE FAMILY. NEXT SLIDE. SUBJECT PROPERTY LOCATED NORTHWEST OF DOWNTOWN NEAR INTERSECTION SOUTH ROSA MO CALERA. THE PROPERTY APPEARS TO HAVE A NEW ADDITION TO THE ACCESSORY STRUCTURE IN THE REAR OF THE PROPERTY. THE ADDITION IS IN LINE WITH THE EXISTING ONE INCH REAR SETBACK AND THE THREE FOOT TWO INCH SIDE SETBACK ON THE EAST PROPERTY LINE. THE EASTERN SIDE SETBACK DOES NOT REQUIRE VARIANCE, HOWEVER, THE REAR DOES THE WESTERN SIDE PROPERTY. THE WESTERN SIDE SETBACK OF THE ACCESSORY STRUCTURE WAS BUILT AND UNDETERMINED TIME. IT HAS A ONE FOOT EIGHT INCH SIDE SETBACK, WHICH REQUIRES A VARIANCE. THE ACCESSORY DRAWING APPEARS TO BE UNDER 800 SQUARE FEET, WHICH WOULD NOT REQUIRE AN ADDITIONAL PARKING AREA. THE ACCESSORY STRUCTURES CANNOT HAVE MORE THAN 2,500 SQUARE FEET AND TAKE OVER 50% OF THE SIDE REAR YARD. THIS DOES NOT APPEAR TO BE THE CASE ON THIS PROPERTY. DATA PHOTO PHOTOGRAPHS SHOW THE FRONT PROPERTY LINE FENCE GATE WERE BUILT AFTER FEBRUARY, 2021 WITH NO PERMITS. THE WEST SIDE PROPERTY LINE FENCE IN THE FRONT YARD APPEARS TO HAVE BEEN ON THE PROPERTY AFTER JUNE, 2013. ALL RIGHT, SO THIS IS THE, UH, THE REAR OF THE PROPERTY WHERE THAT RED ADDITION IS. UM, AND THEN THE, UH, ONE FOOT INCH SETBACK. AND THEN, UH, THE, UH, FENCE IN THE FRONT. THIS IS THE FRONT OF THE PROPERTY. THIS IS THE REAR ADDITION. YOU SEE THE OVERHANG KIND OF GOES ALL THE WAY UP TO THE PROPERTY LINE. UH, THIS IS THE EAST OF THE ADDITION, THE WESTERN SIDE SETBACK AND THE FRONT FENCE AND A CLEAR VISION. ALL RIGHT. STAFF RECOMMENDS DENIAL AND BOA 23 1 0 3 1 1 24 BASED ON THE FOLLOWING FINDINGS OF THE FACT THAT THIS IS NOT SUITABLE AS IT IMPOSES IN PUBLIC INTEREST OF THE ADJACENT NEIGHBOR. BY BEING TOO CLOSE TO THE SHARED PROPERTY LINE, WATER RUNOFF MAY IMPOSE AND RISK OF FIRE SPREAD IS GREATER AND THE APPLICANT COULD RELOCATE THE STRUCTURE SLIDE. STAFF RECOMMENDS APPROVAL TO BO O 8 0 2 0 1 0 3 0 0 24 BASED ON FILING FROM THE FACT FOR THE CLEAR VISION, THE, THE PREDOMINANT OPEN OFFENSE DOES NOT IMPEDE VEHICLES FROM ENTERING OR EXITING THE PROPERTY. THE VARIANCE WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND STAFF. RECOMMENDATION FOR DEFENSE HEIGHT. STAFF RECOMMENDS DENIAL AND B O A 1 0 3 0 0 1 24, BASED ON THE FOLLOWING FINDINGS OF THE FACT DEFENSE HEIGHT WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. NO OTHER FRONT YARD FENCES HEIGHT WILL OBSERVE TO EXCEED THE MAXIMUM PERMITTED. THIS IS THE, UH, WELL, WE DID NOT RECEIVE ANY. UM, HEY, CAN YOU GO TO THE NEXT SLIDE, PLEASE? AS IT DOES IT? YEAH. WE DIDN'T RECEIVE ANY RESPONSES FOR THE CASE, EVEN THOUGH WE DO HAVE SOME, UH, PUBLIC PEOPLES, UH, SIGN UP TO SPEAK ORIAN UH, YESIAN. MS. ORIAN? YES. UH, SO ON THE SITE PLAN IT SAYS A NEW ADDITION TO BE THREE FOOT TWO INCHES, WHICH INCLUDES A SIX INCH OVERHANG. SO WITH THE SIX INCH OVER TANK OVERHANG, IT'S, IT'S THREE FOOT TWO FROM THE SIDE, CORRECT. AFTER THAT SIX INCHES ASKED, IT DOESN'T HAVE TO BE, DOESN'T HAVE TO BE FIVE FEET. UH, WITH THE, AS LONG AS THERE'S NOTHING PAST THAT THREE FEET. UM, THEY'RE GOOD WITH, UH, WHAT THEY CURRENTLY HAVE. OKAY. THANK YOU. SO DOES THAT, DOES THAT ANSWER YOUR QUESTION, MS. DORY? YES. OKAY. ALRIGHT. ANY OTHER QUESTIONS FOR STAFF CRUZ, MS. CRUZ? AND I'M ASSUMING THIS IS A CODE? IT'S A CODE COMPLIANCE? YES, MA'AM. THANK YOU. ALRIGHT. UH, INITIALLY FOR THE SIDE STEP BACK, BUT WHEN WE WENT TO DO THE SITE VISITS, WE OBSERVED THE FENCE AND ADDED THAT ON THERE. THANK [06:20:01] YOU. UH, AT THIS POINT I'D ASK THE APPLICANT TO PLEASE COME FORWARD. YOU'LL NEED A TRANSLATOR. UH, PLEASE PROCEED WITH YOUR CASE. TELL US WHY YOU'RE NEEDING THE VARIANCES AND THE SPECIAL EXCEPTION. I PURCHASED THE HOUSE THE WAY IT WAS. ONLY THAT, UH, WHERE IT IS KIND OF REDDISH BROWN, I REPAIR IT, BUT IT WAS LIKE THAT ALREADY. AND THAT HOUSE HAS BEEN LIKE THAT TO MY KNOWLEDGE FOR ABOUT 50 YEARS. I PURCHASED THE HOUSE ABOUT SEVEN YEARS AGO, AND THAT'S THE WAY IT WAS WHEN I PURCHASED IT. THANK YOU. UH, ANY QUESTIONS FOR THE APPLICANT? MAKA, MAKA, MS. SO HE'S CALLING THE, THE REDDISH PART A REPAIR, NOT NEW ADDITION. IS THAT WHAT IT IS? UM, YES. UH, IT WAS LIKE THAT I, I DIDN'T ADD AN INCH OR TAKE AN INCH AWAY. I DID REPAIR THE, EVERYTHING AROUND IT AND THE ROOF. IT HAS A NEW ROOF. I SEE. SO, SO THE FOUNDATION WAS NOT EXTENDED FOR THAT PART. JUST ONE MORE TIME. NO, NO, NO, NO. DONE. IT WAS THE WAY IT WAS WHEN I PURCHASED IT. THANK YOU. THANK YOU MR. MAKAR, MS. CRUZ. UM, AND NOW I'M OFF MY TRAIN OF THOUGHT, . SO, UM, HOW ABOUT THE FENCE? WHEN DID HE PUT IN THE FENCE? THE ONE IN THE FRONT? YES MA'AM. I'M NOT REALLY SURE. I CAN'T REMEMBER THE EXACT DATE, BUT LET'S SAY ONE AND A HALF A YEAR BECAUSE, UH, THEY STOLE ONE OF MY TRUCKS IN THE, THAT WAS PARKED IN THE FRONT. THE POLICE SHOW UP AND SAY, YOU KNOW WHAT, UM, BUILD A FENCE AND BUY YOURSELF A DOG BECAUSE WE HAVE A LOT OF WORK AND I WE CAN TAKE OF YOU . OKAY. NO COMMENT TO S A P D. OKAY. UM, I'M JUST, UM, IF IT'S BEEN UP THAT LONG, I'M JUST TRYING TO FIGURE OUT IF WHY HE JUST GOT NOTIFIED THAT IT WAS TOO HIGH. WHATEVER YOU SAY THAT IS WRONG. IF THE FENCE IS TOO HIGH, THEN I CAN FIX IT. WHATEVER IT IS THAT YOU WANT ME TO DO, I'LL FIX IT. WELL, THE PROBLEM IS MORE THAN ANYTHING IS IF THE FENCE HAS ALREADY BEEN THERE FOR A YEAR AND A HALF, I JUST CAN'T SEE A WHY NOW THEY'RE TELLING HIM IT'S TOO HIGH. WHEN THEY SHOULD HAVE TOLD HIM FROM THE VERY BEGINNING. MAYBE THEY DID NOT EXPECT ME BEFORE BECAUSE I JUST, UH, COPY THE, THE NEIGHBORS HOW HIGH IT IS. THEIRS. MOST OF THE NEIGHBORS HAVE THEIR FENCES THAT HIGH. [06:25:01] NO ONE OR YOU CAN SAY MAYBE TWO IN THE WHOLE BLOCK. OKAY. THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT HERE? MANNA, MR. MANNA? SO, SO I'M LOOKING AT THE OVERHEAD VIEW AND IT LOOKS LIKE THE BACK STRUCTURE MAY NOT HAVE HAD A ROOF AT ALL. DID HE REPLACE THE WHOLE ROOF? NO, NO, NO, NO. I COULDN'T AFFORD EVERYTHING, SO I JUST DID THAT LITTLE RED PIECE. IF YOU CAN SEE IN THE PICTURES, THE OTHER, UH, DARK PART, UH, THE, THE ROOF IS VERY, VERY OLD. UH, I HAVE A QUESTION FOR STEPH. COULD YOU BRING IT UP IN GOOGLE THE OVERHEAD SO WE CAN SEE WHAT WE'RE TALKING ABOUT? SO MM-HMM. MM-HMM. . AND THE BACK PART, IT LOOKS LIKE THE WHOLE ROOF WAS MISSING. THAT WHITE, THAT STUFF THAT LOOKS WHITE IS JUST A PLASTIC, A VINYL, SO IT WON'T GET LIKE FLOODED. I COULDN'T AFFORD TO DO EVERYTHING. YEAH. AND MOST LIKELY THAT'S WHERE CODE COMPLIANCE SAW THEM WHEN THEY WERE DOING WORK BACK IN MAY. UM, AND THEY CLASSIFIED IT AS A NEW ADDITION. WE DIDN'T HAVE PICTURES, UH, HISTORICAL PICTURES OF WHAT IT WAS BACK THEN. THAT'S WHAT I'M TRYING TO CLARIFY. WE, UH, WE CALL IT THE, THE CITY CALLS IT A NEW ADDITION. HE CALLS IT A REPAIR. NOW WE SEE HOW IT WAS REALLY IN A DEMOLITION STATE ALMOST. SO THIS THING MUST HAVE GONE THROUGH, UH, PERMITS FOR WIRING ALSO. CAN YOU ASK, UH, APPARENTLY THE PERSON WHO WAS GONNA DO THE REPAIRS, HE WAS GONNA TAKE OUT ALL OF THE PERMITS, BUT APPARENTLY HE DIDN'T DO IT. HE START WORKING AND THEN ALL OF A SUDDEN HE LEFT IT THE WAY IT WAS. I CAME OVER HERE TO SEE HE HAS, UM, UH, DRAW ANY PERMITS AND THEY SAID, UH, NO PERMITS FOR THAT ADDRESS. YES. I CAME OVER HERE TO CHECK IF THERE'S ANY IMPAIRMENTS AND THEY SAID THAT THERE'S NOTHING AND THE REST OF THE STORE STRUCTURE HAS, UM, ALL OF ITS ORIGINAL MATERIALS IN IT. ALRIGHT. DOES THAT ANSWER, DOES THAT, DOES THAT ANSWER THE QUESTION? OKAY. ANY OTHER QUESTION FOR THE APPLICANT? CRUZ AGAIN, ONE MORE TIME BECAUSE I'M LOOKING AT THIS PICTURE. IS THAT AN ALLEY BEHIND HIS HOUSE? NO, MA'AM. UH, WE VERIFY WITH TRAFFIC. IT'S NOT AN ALLEY. IT'S NOT AN ALLEY. WHAT? IT'S, IT JUST AN ALLEY. THEY THANK YOU. YEAH, WE CHECKED WITH TRAFFIC JUST TO ELIMINATE THEIR REAR SETBACK, BUT THEY TRAFFIC SET, THAT'S NOT AN ALLEY. THAT'S, I FORGOT WHAT THEY CALLED IT. I THINK IT'S A MINOR LOCAL STREET OR SOMETHING LIKE THAT. BUT IT'S NOT AN ALLEY. OKAY. BECAUSE IT'S DEAD INCH RIGHT. ON THE OTHER SIDE OF THE SOUTH. THAT'S WHY I'M ASKING. OR IS IT, DOES IT GO ALL THE WAY THROUGH? AH, OKAY. YEAH, WE CHECK WITH TRAFFIC JUST TO MAKE SURE. OKAY. ALL RIGHT. THANK YOU. RIGHT. ANY OTHER QUESTIONS FOR THE APPLICANT? HEARING NONE, STAFF. DO WE HAVE ANY PUBLIC COMMENT TO READ IN OR ANYBODY SIGNED UP FOR? YEP, WE HAVE THREE PEOPLE SIGN UP TO SPEAK. ONE SECOND. ALL RIGHT. JOANNA COLEMAN FOLLOWED BY THERESA SALAZAR. I'M GONNA, YOU CAN SIT THERE. I'LL TAKE YOU THE MIC. [06:30:09] I'M NERVOUS Y'ALL. PLEASE FORGIVE ME. UM, FIRST OF ALL, TO THE, TO THE BOARD, MY NAME IS JOANNE COLEMAN. I LIVE AT 1 5 2 3 DELGADO STREET NEXT DOOR TO, TO MR. HOLLY MILL. AND THERE'S A LOT OF THINGS, UH, FIR OH, FIRST OF ALL, LET ME SAY THIS. PLEASE FORGIVE ME IF I MIGHT ACCIDENTALLY FELL ASLEEP AND STARTED SNORING BECAUSE I DON'T SLEEP AT NIGHT. I'M, AND I'M, AND I APOLOGIZE TO THAT, TO, TO, TO EVERYBODY IN HERE AND THE BOARD. YOU'RE FINE. OKAY. UM, BUT I DON'T SLEEP AT NIGHT 'CAUSE IT'S TOO MUCH GOING ON OVER THERE. FIRST OF ALL, I GOT A WHOLE LIST OF THINGS. IT'S, IT'S NOT JUST ME, BUT IT'S ALL THE NEIGHBORS. BUT THEN WHEN Y'ALL MAILED THE, THE LETTERS OUT TO THEM, THEY DIDN'T KNOW EXACTLY WHAT Y'ALL WERE SAYING. THEY THOUGHT THAT Y'ALL WAS TRYING TO REZONE OR SOMETHING. AND I, YOU KNOW, I CALLED WHEN I SPOKE, UM, ON THE PHONE WITH SOMEONE AND THEN THEY EXPLAINED IT TO ME AND I TRIED TO EXPLAIN IT TO SOME OF THEM. AND, UM, IT WAS LIKE A COUPLE OF NEIGHBORS. THEY WANTED ME TO CALL THEM ON THE PHONE WHEN I GOT GOT UP TO SPEAK SO THAT THEY CAN SPEAK WITH Y'ALL ALSO OVER THE, OVER THE PHONE AT THE SAME TIME WHILE WE ARE ALL TALKING. BECAUSE THEY'RE, THEY'RE LIKE, THEY'RE FED UP , THEY'RE JUST FED UP WITH, WITH THIS. NOW HE'S A CONTRACTOR. MR. HOLLY MILL IS A CONTRACTOR. HE KNOWS EXACTLY WHAT, WHAT TO DO, WHAT TO TELL Y'ALL AND ALL THAT. HE, FIRST OF ALL, THAT FENCE THAT'S ON THE SIDE, UH, THAT HE GOT ALL THAT STUFF HANGING ON, THAT'S MY FENCE. AND IT'S LIKE HE'S TAKING, TRYING TO TAKE MY FENCE TO PUT IT PART OF HIS HOUSE. HE DID ADD IT ONTO SOME STUFF BACK THERE. THAT'S WHY A LOT OF PEOPLE, WELL, THE OTHER PEOPLE THAT WAS HERE EARLIER, THEY HAD TO LEAVE TO GO GET SOME KIDS. 'CAUSE THEY DIDN'T, WE DIDN'T KNOW HOW LONG IT WAS GONNA TAKE. I SAID, I'LL JUST BE HERE AND TRY TO TALK FOR EVERYBODY. UM, THEY, UM, HE'S USING IT NOT FOR RESIDENTIAL. IT'S FOR COMMERCIAL PURPOSES. 'CAUSE HE, HE'S RENTING TO A LOT OF PEOPLE. HE MADE THE PLACE BIGGER SO THAT HE COULD RENT TO MORE PEOPLE. AND, AND, AND A LOT OF THOSE PEOPLE, THEY ARE, UH, LIKE AT LEAST TWO OF THEM THAT I, WELL, ONE THAT I KNOW OF AND SAW, STEALS EVERYTHING IN THE NEIGHBORHOOD. ANOTHER ONE I JUST RECENTLY HEARD ABOUT THAT WAS STEALING TWO. AND THEN THEY, THEY VIOLENT THESE PEOPLE, THEY, THEY, AND NONE OF 'EM SPEAK ENGLISH. AND SO THEY SAY IF IT HAS SOMETHING TO DO WITH, LIKE, IF I'M TRYING TO TELL THEM, UH, JUST LIKE I WAS EXPLAINING TO THEM, I SAID, THIS IS MY, THEY BROKE MY FENCE. THEY TORE UP MY FENCE. THEY CUT IT. THEY, UM, I MEAN THEY WAS ON THE TOP OF, OH, THIS IS WHAT I WANT. 'CAUSE I GOT PICTURES. I'M SORRY. COULD, COULD, COULD WE, UM, KIND OF YOU GRAB THE PICTURES FROM HER? COULD WE KIND OF SPEED THIS UP AND BE A LITTLE BIT, YOUR HONOR? NO, THEY DUG UP. THEY CAME INTO MY YARD, DUG UP, DUG HOLES INTO MY YARD, AND THEY PUT BOARDS UP, UP THERE, HERE MADE STILTS WHERE THEY WAS WALKING. I GOT A LOT OF PICTURES. OKAY. THAT'S JUST ONE WHERE THEY, WHERE THEY MADE, UH, STILTS WHERE THEY WAS WALKING FROM MY ROOF TO, TO HIS ROOF. AND THEN I, WHEN I, THE, THE, THE NEIGHBORS IN THE NEIGHBORHOOD, THEY TALKING ABOUT, WELL, THEY OUT THERE ON THE SIDE OF YOUR HOUSE. I WENT OUT THERE TO GO SEE WHAT WAS GOING ON. I LOOKED AND I'M LIKE, WHAT THE HECK, WHAT IS GOING ON HERE? AND THEN I WATCHED TWO MEN WALK OFF MY ROOF ONTO HIS ROOF. ME AND HIM BOTH AT THE SAME, WE BOTH LOOKING UP LIKE THIS. AND HE, AND UH, I SAID, WHY ARE THEY ON MY ROOF? HE SAY, OH, NOBODY'S ON YOUR ROOF. I MEAN, WE BOTH SITTING UP HERE LOOKING, GONNA TELL ME. I GUESS I DIDN'T SEE WHAT I, WHAT I SAW, YOU KNOW, TALKING TO ME LIKE I'M STUPID. I'D SEE THERE'S TIMES THAT I CAN'T MOVE AT ALL. AND WHEN, BECAUSE I MAY WAKE UP AND JUST CAN'T MOVE. I CAN'T EVEN WALK TO PROBABLY GO TO MY BATHROOM. BUT THEY KNOW THIS. SO, AND THAT, AND DURING THAT TIME, 'CAUSE THEY, THEY HAMMER, THEY BANG ALL NIGHT LONG. ALL NIGHT LONG. THEM BOARDS RIGHT THERE. AND, AND THEN, UM, I DON'T KNOW IF Y'ALL CAN SEE THE LITTLE WATER HOLES THAT'S GOING THROUGH THE FENCE. UH, THAT, THAT, UM, I, IT WAS LIKE A WHOLE BUNCH OF WATER DOWN THERE. NOT ON, ON HIS SIDE. JUST ONLY ON MY SIDE OF THE HOUSE. HE'S DAMAGING MY HOUSE BY FIXING UP HIS, IT'S OKAY IF HE WANNA FIX UP HIS, IT'S OKAY. I, I MEAN, [06:35:01] BUT DON'T DAMAGE UP MY HOUSE WHILE TRYING TO FIX YOUR HOUSE. THAT I GOT A, A, A BOARD, UH, A WHAT YOU CALL A THING. THAT'S OKAY. SEE? AND THEN THAT BLUE LADDER RIGHT THERE, THAT'S NOT EVEN HIS, IT BELONGED TO SOME PEOPLE THAT FIXED MY ROOF. I JUST HAD A BRAND NEW ROOF PUT UP THERE AND NOW IT'S LEAKING. NOW ON THAT SAME, DURING THE SAME TIME WHEN THEY WAS ON TOP OF MY ROOF, MY HEAT WOULDN'T WORK. I HAD TO CALL C P S OUT THERE. THEY, UM, THEY MESSED WITH THE, WITH MY INTERNET OR WHATEVER. MY, THE, MY INTERNET IS HOOKED UP TO MY DOORBELLS, MY TV, MY PHONES, NOTHING WORKS. I HAVE TO CALL THEM CONSTANTLY. C P S HAS, HAS CAME OUT THERE, MY CASEWORKER, WHICH WAS HERE, UH, I HAD A CASEWORKER THAT WAS HERE. THEY THINK THAT THEY STILL IN MY UTILITIES, YOU KNOW, BECAUSE MY, MY LIFE BILL, WELL MY UTILITY BILLS ARE SO HIGH, YOU KNOW, I KNOW IF YOU DIG FAR ENOUGH, I JUST LIVE BY MYSELF. OKAY. UH, BUT I SHOULDN'T HAVE NO 800 AND SOMETHING DOLLARS BILL . MY GAS SHOULDN'T BE ALMOST 200, 200 AND SOMETHING DOLLARS. THEY, THEY, THEY HUNG ALL KIND OF WIRE. WELL, OKAY, I GOT A LOT OF PICTURES. COULD WE, COULD YOU, UM, SPECIFICALLY THE VARIANCES THAT WERE, THAT ARE IN FRONT OF US TODAY? FOR ONE THING, THE HOUSE IS TOO CLOSE TO MY HOUSE. OKAY. THAT'S, THAT'S A FIREHOUSE. OKAY. THAT'S IF THAT HOUSE CATCH ON FIRE, MY HOUSE CATCH ON. SORRY. OKAY. GOT IT. I CAN JUST REACH JUST, JUST LIKE THIS. MY HAND IS TOUCHING. HIS HOUSE IS TOUCHING MY FENCE. OKAY. AND WE TALKED ABOUT THE FENCE. WE TALKED ABOUT THE, THE SETBACK REQUIREMENTS, BUT HE, TO THAT FENCE IS TORE UP. OKAY. THEY TORE THAT FENCE UP AND THEY CUT IT. OKAY. LET'S SEE IF WE HAVE ANY QUESTIONS. DO WE HAVE ANY QUESTIONS FOR, AND I GOT, I HAVE PICTURES OF THAT WHERE IT WAS CUT. OKAY. AND, AND TOW UP. LET, LET'S SEE IF THE BOARD HAS ANY QUESTIONS FOR YOU. ANY BOARD MEMBERS, ANY QUESTIONS? THEY MOVED MY FENCE OVER. I'M TALKING ABOUT COMPLETELY OVER NOW. YOU DON'T EVEN SEE THE GROUND. GOT IT. SO WE UNDERSTAND ABOUT THE, THIS, THE CLOSENESS, THE FENCE. OKAY, LET ME, OKAY, NOW I'D ASK THE APPLICANT, LET ME, LET ME SHOW YOU A LITTLE SHORTLY. MA'AM. MA'AM, THAT THAT'S GONNA END THE, THE, UNLESS WE HAVE A QUESTION FROM THE BOARD THAT'S GONNA END THE, THE, UH, PUBLIC INPUT. OKAY. SO NOW WE WE'RE GONNA ASK THE A, THE APPLICANT, IS THERE ANYTHING ELSE? NO, MR. MR. JOSE, IF YOU WANNA COME FORWARD. YOU'VE HEARD, WAS THAT ALL, WAS THAT THE ONE FAVOR? I WANNA MAKE SURE THE OTHER, UH, INDIVIDUALS ARE NOT HERE REAL QUICK. EITHER THERESA SALAZAR OR A RICHARD SALAZAR. UH, SANCHEZ. I'M SORRY SIR. RICHARD SANCHEZ. OKAY. THANK YOU. OH, HERE HE COMES. HERE COMES, IS IT, IS THAT MR. SANCHEZ STAND? HOW Y'ALL DOING? OKAY. IF YOU COULD SAN JUST, CAN YOU, UM, STATE YOUR NAME? RICHARD G. SANCHEZ. OKAY. AND TELL US WHY YOU'RE, UM, OPPOSING ARE FOR THE VARIANCE REQUESTS THAT THE APPLICANT IS SEEKING THE GODSON TRUTH, YOUR HONOR. YOU, SIR, I HAVE NO INVOLVEMENT IN THIS. I'M NOT CHOOSING SITES. OKAY. I DIDN'T, DOING THIS AS A FAVOR, BRINGING HER OVER. I DIDN'T EVEN KNOW MY MOTHER WAS INVOLVED IN THIS. AND I HAVE NO ISSUES WITH EITHER HER OR MR. JARAMILLO. HOWEVER, I DO KNOW THEM BOTH FOR A CERTAIN AMOUNT OF YEARS, BUT I WANT NO INVOLVEMENT IN THIS NOW, WHATEVER HAS TO GET DONE, JUST, YOU KNOW. THANK YOU, SIR. ANY QUESTIONS FOR THIS? UH, SO YOU BROUGHT, SO, SO YOU BROUGHT SOMEONE ELSE HERE TODAY AND THEY AREN'T HERE NOW. DID THEY LEAVE? SHE'S MY NEIGHBOR. I BROUGHT HER BECAUSE SHE OH, YOU BROUGHT HER. OKAY. SHE'S DISABLED AND SHE HAS NO VEHICLE. SO I'M JUST RUNNING ERRANDS FOR MY MOM. MOM. OKAY. MAKE SURE THERE WASN'T SOMEONE ELSE THAT YOU WERE SPEAKING YOU WITH. OKAY. NO, THANK YOU SIR. OKAY. AT THIS TIME I'D ASK THE APPLICANT, UH, MR. JOSE, IF YOU WANT TO COME UP, MR. AMIDO, UM, YOU'VE HEARD THAT THE OPPOSITION FROM YOUR NEIGHBOR ABOUT THE FENCE, THE STRUCTURES TOO CLOSE, NEIGHBORS ON THE YARD, THE, THE, THE WORK AT ALL TIMES, PEOPLE STAYING IN THE PROPERTY AND POTENTIALLY UTILITY ISSUES. SO HERE'S YOUR OPPORTUNITY TO NO. [06:40:43] DID YOU, DID YOU PROVIDE? SAID THAT THE LADY HAS CALLED THE POLICE ABOUT TWO TIMES AND SHE, HE SAYS THAT THE COPS TALKED TO HER FOR ABOUT 30 TO 40 MINUTES. AND THEN THEY COME OVER TO HIM AND ASK HIM, HEY, SHE SAID THAT THERE'S A LOT OF TRAFFIC, THAT THERE'S A LOT OF PEOPLE COMING IN AND OUT OF THIS PROPERTY. AND WHAT HE TELLS THE, THE OFFICER IS THAT HE HAS A DISLOCATED DISC AND HE HAS AN M R I TO PROVE IT. SO HE COMES BACK FROM WORK, HE HAS TO TAKE A, A HOT SHOWER TO RELAX AND THEN HE HAS BY, BY ORDERS OF THE DOCTOR, HE HAS TO GO TO SLEEP. HE HAS TO REST. SO HE ALSO SAYS THAT BETWEEN THE GATE AND THE WALL, THERE'S ABOUT A SPACE OF ONE FOOT AND A HALF. SO IT'S ALMOST IMPOSSIBLE FOR HIM TO PASS BY OR ANYBODY ELSE TO BE PASSING BY THERE. THAT'S THE PROBLEM. OKAY. THANK YOU. THANK YOU. DO, IS THERE ANY QUESTIONS FOR THE APPLICANT? UH, ONE MORE. OKAY, MR. SO HE BASICALLY DOES CONSTRUCTION WORK. WHAT KIND OF CONSTRUCTION WORK DOES HE DO? DOES HE DO UH, I HELP SOMEONE IN THE EAST SIDE. I DO THE INTERIORS. I PULL THE, UM, TILE, UH, THE FLOOR, THE FLOORING, THE TILES OR THE WOOD FLOOR AND THE, UM, PAINT. THANK YOU. DOES THAT HELP, MR. OKAY. ANY OTHER QUESTIONS FOR THE APPLICANT? HEARING NONE, UH, LET'S GO AHEAD AND HAVE SOMEONE MAKE A MOTION IF THEY CARE TO OR IF THERE'S NO MOTION MADE, THEN THE CASE, UH, JUST DIES. SO DO I HAVE ANY, ANYBODY CARE TO MAKE A MOTION ON THIS? EITHER THE VARIANCE OR THE SPECIAL EXCEPTION? OKAY. I AM WILLING, I AM WILLING TO COMPLY WITH EVERYTHING YOU SAY. UM, AT THIS POINT WE DON'T, WE DON'T HAVE A MOTION OR A VARIANCE ON THE BOARDS. THERE'S NOTHING TO VOTE ON. SO YOU'D HAVE TO PLEASE, I MEAN, I ORIAN MR. ORIAN, I'D BE WILLING TO MAKE A MOTION JUST ON THE CLEAR VISION. OKAY. WELL LET'S JUST TAKE THE CLEAR VISION THEN. AND THE REST YOU'D HAVE TO COMPLY WITH. SO THIS WOULD BE A, A MOTION ON THE CLEAR VISION ONLY. OKAY. REGARDING CASE NUMBER BOA DASH 23 DASH 1 0 3 4, I MOVE THE BOARD ADJUSTMENT GRANT REQUEST FOR A ONE FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION TO ALLOW A DRIVEWAY WITH 14 FEET CLEAR VISION FROM A, FROM A PREDOMINANTLY OPEN FENCE SITUATED AT 1525 DELGADO STREET. APPLICANT BEING JOSE HARMO. MEL DONDO, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH AS THE LITTLE ENFORCEMENT OF THE REVISIONS, THAT THE UNIFIED DEVELOPMENT CODE'S AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY YOU FIND THAT ONE, THAT VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH AND SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY THE RESTRICTED, IS REPRESENTED, UH, BY A ONE FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A FENCE TO BE 14 FEET FROM THE FRONT DRIVEWAY. STAFF FINDS ITS DISTANCE IS SUITABLE, IS NOT OPPOSED ON THE PUBLIC INTEREST OF THE ADJACENT NEIGHBOR. TWO, DUE TO SPECIAL CONDITIONS, A LIBERAL ENFORCEMENT OF THE ORDINANCE RESULT IN UNNECESSARY HARDSHIP. UM, UH, A LIBERAL ENFORCEMENT OF THE ORDINANCE RESULT IN THE APPLICANT, UH, ALTERING THE FENCE TO MEET THE MINIMUM OF 15 FOOT DISTANCE REQUIREMENT. AS THIS WOULD CREATE, THIS WOULD CREATE AN UNNECESSARY HARDSHIP AS OFFENSES EXISTING. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE FENCE IS CURRENTLY 14 FEET FROM THE FRONT DRIVEWAY FIGHT. THE STAFF FINDS THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE WITH THIS REQUESTED VARIANCE, UH, ON THE FENCE AS PRESENTED. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO OTHER USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WOULD BE, WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING [06:45:01] PROPERTY OR ALTERED THE CENTRAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE CLEAR VISION DISTANCE WILL MAINTAIN 14 FEET FROM THE FRONT DRIVEWAY, WHICH IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. UH, UPON SITE VISIT, STAFF OBSERVED OTHER FRONT YARD, PREDOMINANTLY OPEN FENCES IN THE IMMEDIATE VICINITY. SIX. THE P TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCES SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUM CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS, UH, STAFF FOUND UNIQUE CIRCUMSTANCES ON THE SUBJECT PROPERTY THAT WOULD WARRANT THE NEED. UH, FOR THIS CLEAR VISION. VARIANCE STAFF FINDS THAT THE PLIGHT OF THE OWNER OF THE PROPERTY FOR ITS VARIANCE IS SOUGHT, DOES NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION. GOT A SECOND, SECOND, SECOND. UM, PLEASE PROVIDE YEAH, I DON'T HAVE A PROBLEM WITH THE CLEAR VISION. I WASN'T WILLING TO MAKE A, OFFER A MOTION ON ANYTHING ELSE. MADAM. I CONCUR WITH MY COLLEAGUE, ALTHOUGH MAKE A ROLL CALL, VOTE CHAIR ORIAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. BORNIA I CONCUR. MR. MANCHACA. I CONCUR. MR. DEAN. I CONCUR. MS. CRUZ I CONCUR. MS. HAYES I CONCUR. MR. VASQUEZ. I CONCUR. MR. OZUNA? YES. I CONCUR WITH, UH, 10 IN FAVOR. ZERO IN OPPOSITION. UH, THE ONE CLEAR VISION VARIANCE DOES PASS AND THE OTHER, UH, VARIANCE MANA MR. MANA. SO, UH, UH, THIS QUESTION'S FOR CITY STAFF. SO I'M LOOKING AT THE FRONT FENCE ON THE, I BELIEVE EAST SIDE. AND IT'S A SOLID SCREEN FENCE ON THE FRONT. IT LOOKS LIKE THAT FENCE LINED UP WITH THE NEIGHBORING PROPERTY IS WHOSE FENCE IS THAT? THE, THE NEIGHBORING PROPERTY INDICATED THAT THAT IS ACTUALLY HER FENCE. UH, WE JUST INCLUDED IT ON HERE JUST SO YOU CAN HAVE IT, UM, ON RECORD. 'CAUSE IT DOES SEEM LIKE IT'S A PRIVACY FENCE. MA'AM, JUST IF YOU CAN GIVE US A MOMENT, PLEASE. THANK YOU. I APPRECIATE IT. OKAY, SO I MISSED, MISSED. SO IS IT, IS IT HER FENCE OR IS IT NOT HER FENCE? IT IT IS HER, SHE INDICATED THAT IT WAS HER FENCE AFTER WE, UH, ADVERTISED IT. OKAY. SO, SO IF WE, IF WE DON'T VOTE ON THAT, DOES IT HAVE TO BE REMOVED AND LOWERED TO THREE FOOT? NO. MOST LIKELY SHE WOULD BE, UH, NON-CON THE OFFENSE WOULD BE NON-CONFORMING. OKAY. OKAY. OKAY. THANK YOU. THAT'S IT. PLEASE GET WITH STAFF WHERE THEY CAN DE EXPLAIN TO YOU WHAT THE REST OF THE CASE ARE. NEXT CASE PLEASE. 1 26. ITEM NUMBER 17. ALRIGHTY. UH, 1 26 IS ON 3 43 CARNAHAN STREET. EXCUSE ME. EXCUSE ME. OKAY. PLEASE GET WITH STAFF AND THE PLEASE, PLEASE GET WITH STAFF AND THEY CAN EXPLAIN IF YOU HAVE ANY FURTHER QUESTIONS OF THE CASE. YEAH. OKAY. STAFF, WE PROCEED. UM, 3 43 CARNAHAN STREET, DISTRICT TWO, APPLICANT B AND STEVEN STEVEN SSES, UM, REQUESTED FOR A FOUR FOOT 11 INCH VARI FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ACCESSORY STRUCTURE WITH A ONE INCH SIDE SETBACK. ZONING IS R FOUR IN INDIANA C D SIX. THE PROPERTY IS LOCATED JUST WEST OF THE SAN ANTONIO COUNTRY CLUB GOLF COURSE IN THE MAHANEY PARK NEIGHBORHOOD NEIGHBORHOOD CONSERVATION DISTRICT. THE APPLICANT, UH, STARTED THE CONSTRUCTION AND THE ACCESSORY STRUCTURE THAT IS WITHIN FIVE FEET OF THE SIDE SETBACK ON THE EAST THIRD PROPERTY ON SIDE, THERE'S AN ALLEY LOCATED IN THE REAR OF THE PROPERTY, WHICH ELIMINATES THE REQUIREMENT FOR A REAR SETBACK OF THE ACCESSORY STRUCTURE. THERE YOU SEE THE REAR ON THE TOP RIGHT WHERE THE, UH, ACCESSORY STRUCTURE WILL BE. THE FRONT OF THE HOME, THE ACTUAL ACCESSORY RESTRUCTURE FROM THE ALLEY AND SURROUNDING AREAS. STAFF RECOMMENDS THE DENIAL BO O A 23 1 0 3 0 0 1 26 BASED ON THE FOLLOWING FINDINGS OF THE FACTS THAT THIS IS NOT SUITABLE AS IT IMPOSES A PUBLIC INTEREST IN THE ADJACENT NEIGHBOR BY BEING TOO CLOSE TO SHARE PROPERTY LINE WATER, WATER RUNOFF MAY BE IMPOSED AND RISK OF FIRE SPREAD IS GREATER AND THE APPLICANT COULD RELOCATE THE STRUCTURE. BUT SO WE HAVE, UH, TWO RECEIVED IN FAVOR. ZERO OPPOSED. AND MAHANEY [06:50:01] PARK NEIGHBORHOOD ASSOCIATION IS OPPOSED. THIS IS FROM THE MAHANEY PARK NEIGHBORHOOD ASSOCIATION AND FROM THE TWO NEIGHBORS. THAT CONCLUDES STAFF'S PRESENTATION. THANK YOU. UM, LET'S SEE IF THE APPLICANT, IF, IF YOU COULD PLEASE COME FORWARD AND BEGIN YOUR PRESENTATION. DO YOU HAVE TO HOLD IT? OKAY, STEVEN A, UH, 3, 4 3 CARNAHAN, UH, MANKEY PARK, UH, NEIGHBORHOOD. UM, I MEAN, IT'S PRETTY EVIDENT THE, DO YOU HAVE, WHAT SLIDES DID YOU HAVE THAT I SENT TO THE, UH, CASE MANAGER? OR CAN YOU SHOW THE EXISTING STRUCTURE WAS, UH, THE RESTRUCTURE THERE WAS SHOWN IS REPLACING WHAT WAS THERE PREVIOUSLY. AS YOU CAN SEE, THE, IN THE PHOTOS. UM, THIS BEING AN N C D DISTRICT, I HOLD THAT WHOLEHEARTEDLY IN TRYING TO KEEP THE, THE, THE FEEL IN THE, IN THE MAKEUP OF THE NEIGHBORHOOD. UM, NEARLY EVERY, UM, PROPERTY IN THE NEIGHBORHOOD HAS A REAR RIGHT REAR, UM, ACCESSORY STRUCTURE, WHETHER IT BEING, YOU KNOW, STORAGE OR WHATEVER THEY USE IT FOR. UM, IT FELL IN DIS DISREPAIR. UM, WATER WOULD RUN ACTUALLY THROUGH THE BUILDING. UM, TOTALLY, UM, UM, DEGRADING THE, THE SEAL ON THE PLATE AND THE POSITIVE ANCHORAGE TO THE, THE FOUNDATION THERE. SO WE REPLACED IT WITH, UH, SIMILAR SIZE, SHAPE, UM, YOU KNOW, MATERIALS GONNA BE BOARD AND BATTEN, YOU KNOW, TO THE LIKES OF THE NEIGHBORHOOD IN THE ESSENCE OF THE N C D, WHICH IS THE MAIN THING. UM, WHOLEHEARTEDLY THINK THE, THE CHARACTER AND THE, THE VIRALITY OF THE NEIGHBORHOOD, UM, STANDS WITH THIS STRUCTURE. THANK YOU, SIR. LET'S SEE IF WE HAVE ANY QUESTIONS FROM, UH, THE BOARD. OH, I'M SORRY. CAN I ADD, I HAVE A, MY DIRECTLY AFFECTED NEIGHBOR, UH, A LETTER FROM HIM, YOU KNOW, UNDERSTANDING WHAT IT IS AND WHAT IT WILL STAND TO BE. AND HE'S ON BOARD, UM, HISTORICALLY AND AESTHETICALLY, UM, PROVIDE SHADE FOR HIS, HIS PROPERTY. IF YOU CAN BRING UP A GOOGLE MAP, THAT'D BE GREAT. UM, THEY'RE IN THE REPORT. I DON'T KNOW IF THEY'RE GONNA GO THROUGH THAT. AND IT STATES, UM, ZERO PROPERTIES ED, UH, ARE, ARE SIMILAR TO THIS, WHICH IS FARCE. UM, THERE'S NUMEROUS PROPERTIES NEXT DOOR, SPECIFICALLY ACROSS THE STREET. THERE ARE TWO STORIES, ABOMINATION STRUCTURES IN ALLOWED IN THE NEIGHBORHOOD. THERE'S NEWER CONSTRUCTION OF A SIMILAR LAYOUT ASPECT, LOCATION. THERE'S NO NEW INHERENT FIRE RISK. THERE'S NO DIFFERENCE BETWEEN IT BEING ON THE, THE PROPERTY LINE OR IN THE MIDDLE OF THE YARD. THERE'S NOTHING THERE TO COMBUST. MR. ORIAN, DID YOU HAVE ANY QUESTIONS? IF YOU CAN FILTER THROUGH THOSE, PLEASE. WE CAN'T, WE CAN'T HEAR YOU MR. ORIAN. . WELL, WE'RE WAITING FOR THAT. ANY OTHER MACHACA ANY QUESTIONS FOR THE APPLICANT FROM THE BOARD? UH, MACHACA. MR. MACHACA, THE STRUCTURE, YOU SAID THAT IT WAS ALREADY THERE. HOW MUCH OF IT DID YOU REPAIR IT, REPLACE IT? LIKE, WAS IT, UH, IT WAS TOTALLY DILAPIDATED. IT WAS MORE THAN 50%. LIKE YES, SIR. SO IT WAS ALMOST LIKE DOWN TO THE STUDS. DID YOU REPLACE STUDS? I REPLACED THE ENTIRE BUILDING. THANK YOU. THANK YOU. MR. CAN YOU HEAR ME? YES. MR. IAN? YEAH. SO, UH, THE NEXT DOOR NEIGHBOR TO THE WEST LOOKS LIKE HE HAS A SIMILAR STORAGE SHED, UH, IN THE BACK THAT'S ALSO VERY CLOSE TO THE FENCE. UH, BUT WHAT I, WHAT CONCERNS ME IS THAT ONE OF THE PICTURES PROVIDED IN THE CASE FILE SHOWS A UTILITY POLE RIGHT ON TOP OF THIS, OF THE ROOF LINE OF THIS THING. UH, SO FOR THE APPLICANT, DOES YOUR, IS YOUR AWNING GO INTO THE ALLEY AND IS IT TOUCHING THAT UTILITY POLE? IT IS, IS NOT TOUCHING. UM, UM, PARTS. THERE'S PROBABLY TWO OR THREE INCHES OF OVERHANG INTO THE, THE ALLEYWAY. DO YOU KNOW WHAT THAT IS? IS THAT ELECTRIC OR DATA OR WHAT IS THAT? IT'S A POWER POLE. UH, THERE'S ELECTRIC ON TOP. YES. I, I PAID TO TAKE THAT UNDERGROUND. SO IT GOES INTO A CONDUIT. IT'S NOT THERE ANYMORE OR WHAT? NO, THE, THE POLE IS, IS EXISTING. IT'S NOT TOUCHING THE, THE ROOF LINE. [06:55:01] OKAY. UH, ALL RIGHT. THANK YOU. YES, SIR. YOU PUT YOUR SERVICE LINE UNDERGROUND, IS THAT WHAT YOU'RE SAYING? YES SIR. THE SERVICE LINE IS UNDERGROUND. THE SERVICE LINE IS UNDERGROUND. YEAH. YEAH. ALRIGHT. COULD ASK, COULD I ASK STAFF TO BRING UP THE GOOGLE OVERHEAD FOR THAT ADDRESS PLEASE? THE, IF I HAD THE GARAGE ON THE RIGHT REAR SIGN IS INHERENT OF THE NEIGHBORHOOD AND EMBODYING THE N C D OVERLAYS SPECIFICALLY TO HOLD THE, AND MAINTAIN THE, THE ESSENCE OF THE NEIGHBORHOOD. AND I THINK I'VE DONE THAT, UM, BEAUTIFULLY. ALRIGHT. AND THE REASON I ASK THAT IS 'CAUSE I'M LOOKING AT A DIFFERENT GOOGLE, UH, WHERE THE STRUCTURE WAS, LOOKED LIKE IT WAS DEMOLISHED OR DIDN'T, DIDN'T EXIST. SO I COULDN'T TELL THE SIZE OF THE SLAB. CAN YOU, CAN YOU SHOW EXHIBIT WITH THE ORIGINAL PHOTOS? IT'S, UH, ON THE P D F ATTACHMENT? NOT THOSE, THAT'S THE ONE. SO YOU SAID THAT THE STRUCTURE WAS THERE, BUT THIS, I CAN'T TELL IF THIS ONE ALREADY. YES. IT SAID THE BLUE AND RED, UM, UM, STRUCTURE THERE, ORIAN, IT LOOKS LIKE YOU DEMOED THE EXISTING STRUCTURE WHEN THE POOL WAS BUILT. IS THAT A TRUE STATEMENT? UM, GENERAL, UM, ADDITION AND, AND RENOVATIONS TO THE HOUSE? THAT'S CORRECT. UM, THE WATER, WATER WAS GOING THROUGH IT. THERE HAD BEEN NUMEROUS SKUNKS, UM, LIVING IN THERE. GETTING IN THERE. RATS. THAT'S IT. THANK YOU. YES, THANK YOU. OKAY. ALRIGHT. ANY OTHER QUESTIONS? MANANA, COULD YOU BRING, COULD STAFF BRING UP THE, THE LETTER FROM THE NEIGHBOR ASSOCIATION? 'CAUSE I DIDN'T HAVE A CHANCE TO READ IT, AND THAT'S REALLY, UH, TAKEN BACK BECAUSE THE, ONE OF THE BOARD MEMBERS KNOCKED ON MY DOOR SUNDAY ON FATHER'S DAY AND WAS ECSTATIC. UM, SO THIS IS, UH, QUITE SHOCKING TO, TO READ THAT OPPOSITION IN THE, SOMEONE IN THE MINKE PARK DISTRICT NOT TRYING TO UPHOLD THE, THE ORIGINALITY OF THE NEIGHBORHOOD. SO, SO JUSTIN, IT SAID, SO, SO THE NEIGHBOR ON, I GUESS THAT IS BEING IMPACTED BY THIS WAS THE ONE THAT YOU JUST TURNED IN THAT SAYS THAT THEY WERE OKAY WITH IT? YES, SIR. AND THEN, UM, AND THEN DID YOU, AND YOU SAID THAT SOMEONE FROM MINKE PARK CAME BY AND YOU SPOKE WITH THEM JUST OUT OF RECEIVING, I GUESS THE NOTICE FROM THE, THE, UM, THE VARIANCE REQUEST. THEY GOT PINGED, UM, WITH THE NOTIFICATION. SO DID YOU HAVE A CHANCE TO TALK WITH UH, MS? I TALKED, I TALKED TO THE SECRETARY. OKAY. AND I SENT EVERYTHING, ALL THE EXHIBITS I HAD TO MS, UH, RODRIGUEZ AND I DIDN'T GET A RESPONSE. AND THAT'S ABOUT A WEEK AGO, I GUESS. THANK YOU. THANK YOU MS. AMANDA, UM, STAFF. ARE THERE ANYBODY SIGNED UP, UH, TO SPEAK IN PUBLIC COMMENTS OR VOICEMAIL? WE HAVE, UH, THREE, THREE, UH, FOUR VOICEMAILS. SORRY. OKAY, LET'S HEAR THE VOICEMAILS. MY NAME IS MELISSA WEINER. MY ADDRESS IS THREE THREE NINE CARNAHAN STREET. MY PHONE NUMBER IS (210) 305-1994. I, UM, AM CALLING ABOUT CASE 1 26. STEVE RIS. IT'S CASE ONE 20. THE LAST THREE DIGITS ARE 1 26. STEVE IS A STRUCTURAL ENGINEER. EVERYTHING HE'S DONE TO HIS HOME AND TO THE EXTRA SMALL BUILDING IS ADDS VALUE TO THE NEIGHBORHOOD AND TO THE HOUSE. IT'S REALLY WELL DONE. I HAVE ABSOLUTELY NO PROBLEM WITH IT AND I THINK IT'S REALLY WONDERFUL THAT HE BUILT SOMETHING SO CHARMING IN HIS BACKYARD. MY NUMBER IS 2 1 0 3 0 5 19 94 IF YOU NEED ME, MELISSA WEINER. THANK YOU. HI, THIS IS RUTH RODRIGUEZ CALLING, UM, 2 1 0 3 8 1 20 88. CASE NUMBER ENDING IN 1 2 6 FOR 3 4 3 CARNAHAN STREET. CALLING FROM THE MANKEY PARK NEIGHBORHOOD ASSOCIATION. WE WANNA NOTE OUR OPPOSITION TO THIS, UH, REQUEST FOR A CHANGE BECAUSE WE WERE, I WERE VERY CONCERNED ABOUT THE, UH, MAINTENANCE ISSUES. THIS MAY, THIS CHANGE WOULD, UM, ENTAIL FOR THE FENCE AND, UH, PROPOSED SHED. THANK YOU SO MUCH AGAIN. IT'S RUTH RODRIGUEZ, THREE 15 THORMAN PLACE IS MY ADDRESS. THANK YOU VERY MUCH. [07:00:06] THAT MAINTENANCE, UM, THAT IT REVIVAL OF WHATEVER SHE'S TAKING EXISTS THROUGHOUT THE NEIGHBORHOOD. SO I DON'T KNOW WHAT THESE, HI, THIS IS OTHER PEOPLE ARE DOING. STANDBY SIR. STAND. SORRY, CALLING AGAIN. MY CALL KEEPS GETTING CUT OFF. I'M TRYING TO LEAVE A MESSAGE REGARDING OUR OPPOSITION OF THE MANKEY PARK NEIGHBORHOOD ASSOCIATION TO CASE NUMBER 1 26. OH, THAT WAS GOOD. DON'T WORRY ABOUT THAT. 3, 4, 3. CAN WE GO TO THE NEXT ONE? THAT WAS IT. COOL. ALRIGHT, SO YOU'VE HEARD THE, A LITTLE BIT OF THE OPPOSITION. DO YOU WANNA PROVIDE SOME REBUTTAL AND THEN WE CAN CLOSE THE PUBLIC PORTION? ANY FINAL COMMENTS? UM, NO, I THINK, UM, THE PICTURES FEED VOLUMES. I DON'T KNOW WHAT ELSE TO SAY. UM, UM, THERE'S, IF I NEED TO DO A FIRE RATED PLYWOOD ON THAT SIDE, LIKE SO BE IT. UM, RIGHT. BUT I DO THINK IT'S IMPORTANT. IT'S IMPORTANT TO THE NEIGHBORHOOD. IT'S IMPORTANT TO HISTORY. THANK YOU, SIR. MA, I HAVE A QUESTION. I'M SORRY MAN. I'M SORRY. SORRY I WASN'T KEEPING UP. SO ON THE SLIDE WHERE THERE'S A PICTURE OF ACCESSORY STRUCTURE AND I'M NOT SURE WHAT'S, UH, 65. THERE YOU GO. BACK UP ONE. SO, SO THE FENCE, SO THERE'S A FENCE LINE THERE. UM, I'M ASSUMING THAT'S YOUR NEIGHBOR'S FENCE LINE. UM, SO IT LOOKS LIKE YOUR STRUCTURE IS, IS, IS IT'S, IT'S MISSED. UM, GO AHEAD. I'M SORRY. IT LOOKS LIKE IT'S A BUTTING THE FENCE OR TOUCHING THE FENCE. SO IT IS, IS NOT, IS NOT IT. THE, THE FENCE POST HAS FAILED AND IT'S, UH, WELL ACTUALLY WE GOTTA REPLACE THE FENCE. SO THAT FENCE SECTION IS LEANING OVER ABOUT TEN EIGHT TO 10 INCHES. OKAY. SO, SO, SO YOUR ROOF LINE IS WITHIN YOUR PROPERTY LINE. SO THAT ROOF LINE THERE, THE GABLE END IS, IS OVER THE, OVER THE PROPERTY LINE. SO I'M ACCEPTING THE, TO, TO NEEDING TO TRIM THAT. I'M OKAY WITH THAT. OKAY. SO, SO THAT PART IS, IS OVER THE FENCE LINE? YES, SIR. OKAY. OKAY. THAT'S, I I JUST WANNA MAKE SURE. OKAY. BUT WE'VE, WE'VE, UH, ACTUALLY, UM, IMPROVED THE DRAINAGE. YOU CAN SEE I PUT, UM, GRAVEL, YOU KNOW, PEA GRAVEL UNDER THERE WITH A, A VAPOR BARRIER. UM, BEFORE THE WATER WOULD JUST HIT THAT FACADE AND RUN THROUGH THE BUILDING. NOW IT PERCOLATES THROUGH TO THE BACK OF THE ALLEY AS ORIGINALLY, YOU KNOW, THAT WHOLE NEIGHBORHOOD GRADES TO THE, THE ALLEYWAYS AND THEN TOWARDS THE BROADWAY S SO IF IT'S RED WITH THE, UM, ONE INCH SIDE SETBACK, THEN YOU'D BE SHAVING THE SIDE TO ALLOW FOR THE ONE INCH. IS THAT YES, SIR. SO FOR THAT, FOR THAT GABLE THERE. OKAY. ORIAN THE ORIAN. YEAH. DID, DID YOU BUILD THIS STRUCTURE FROM SCRATCH OR DID YOU BUY IT PRE-MADE? NO, THIS IS HAND-BUILT BY MYSELF. SO HOW DID YOU BUILD, HOW DID YOU BUILD THIS THING WHEN IT'S ABUTTING THE FENCE WITHOUT ENCROACHING ONTO YOUR NEIGHBOR'S PROPERTY? WELL, WE PUT THE FORM WORK, UM, I HAVE THAT RELATIONSHIP WITH MY NEIGHBOR. UM, WHEN THAT TIME COMES, I DO NOT HAVE THAT RELATIONSHIP WITH WHOEVER BUYS THAT HOUSE. YOU KNOW, THEY CAN YEAH. DO EVERYTHING. SO THE NEXT QUESTION I HAVE IS THE NEIGHBOR TO THE WEST OF YOU WHO ALSO HAS A STORAGE, UH, UNIT THERE IN THE BACK CORNER. HOW FAR AWAY IS THAT FROM THE FENCE? IT'S ON THE PROPERTY LINE ON BOTH SIDES. BECAUSE I, WHEN I LOOK AT AERIAL PHOTOS, IT LOOKS LIKE A LOT OF THESE STORAGE UNITS ARE BUILT REALLY CLOSE TO THE FENCE, BUT THEY'RE NOT BUILT ONE INCH AWAY. THEY LOOK LIKE THEY'RE BUILT TWO OR THREE FEET AWAY. WELL, I MEAN, I HAVE NUMEROUS, UH, PHOTOS IN THE EXHIBIT. DID YOU GIVE THOSE BACK TO ME? AND THEY'RE JUST, UH, FOR REFERENCE SHOWS A GOOD, UH, UM, HERE'S, UH, A COUPLE DOORS DOWN ON BOTH SIDES OF THE STREET ON THE PROPERTY LINE. THIS IS A NEWER CONSTRUCTION OBVI. UM, I CAN TELL BY THE MATERIALS ON THE PROPERTY LINE HANGING OVER IN THE ALLEYWAY AND INTO THE NEIGHBOR'S YARD. DRAINING INTO THE NEIGHBOR'S YARD. HERE'S AN ACTUAL, IN 2008, A REMODEL ADDITION THAT I WAS ALLOWED TO DO LIVING QUARTERS ON THE PROPERTY LINE. THE PINK HOUSE THERE, THE, THE DRIVEWAY IS MY NEIGHBOR DIRECTLY IMPACTED BY THE, THE, THE SHED BILL. THAT'S HIS STORAGE SHED. UM, PETE, YOU GET A HALF CREDIT FOR THAT, BUT WHAT MY CONCERN IS WITHOUT SURVEY DATA, I CAN ONLY RELY ON WHAT THE AERIAL SHOWS AND THE AERIAL DOESN'T SHOW [07:05:01] IT AS CLOSE AS, AS IT SHOWS YOURS. SO I'M JUST, I'M JUST CONCERNED ABOUT THAT. I I JUST DOESN'T LOOK LIKE EVERYBODY ELSE'S AN INCH AWAY. IT LOOKS LIKE EVERYONE ELSE'S. I DON'T SEE WHAT, WHAT AERIAL VIEW ARE YOU REFERENCING? I'M NOT SEEING GOOGLE EARTH. I'M JUST PANNING AROUND THE NEIGHBORHOOD. UM, CAN YOU, CAN YOU PAN OUT AND SHOW ME TWO OR THREE DOORS DOWN TO MY, YOUR LEFT? THE ONE ADJACENT TO THE POOL IS IN FACT ON AND OVER THE PROPERTY LINE. THAT'S YOUR HOUSE. IT, IT, IT APPEARS THAT THERE'S SEVERAL ZERO LOT LINE STRUCTURES THAT HAVE BEEN PUT IN. THERE'S NUMEROUS. OKAY, WELL THANKS FOR BRINGING THAT, SHOWING THAT TO ME. THANK YOU. THANK YOU MR. DORIAN. ANY OTHER QUESTIONS FOR THE APPLICANT HERE? HEARING NONE, I'D LIKE TO CLOSE THE PUBLIC PORTION AND ASK FOR MR. MANNA. WOULD YOU BE INTERESTED IN MAKING THE MOTION HERE REGARDING CASE NUMBER BO 8 2 3 1 0 3 0 0 1 2 6. I MOVED THE BOARD OF ADJUSTMENT, GRANTED A REQUEST FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ACCESSORY STRUCTURE WITH A ONE INCH SIDE SETBACK SITUATED AT 3 4 3, UH, CONRAN STREET OR CARNER CARNAHAN STREET, UH, APPLICANT BEING STEVEN, UH, URIS OR URI, SORRY, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LIBERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C ESTIMATED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY RESTRICTED SIDE SETBACK. TO PROVIDE SPACING BETWEEN THE PROPERTY LINE AND ACCESSORY STRUCTURE, THE APPLICANT IS REQUESTING A VARIANCE TO THE SIDE SETBACK TO ALLOW ACCESSORY STRUCTURE TO BE ONE INCH FROM THE SIDE. PROPERTY LINE STAFF FINDS HIS DISTANCE IS SUITABLE AND DOES NOT IMPOSE ON THE PUBLIC INTEREST OF THE ADJACENT NEIGHBOR BY BEING TOO CLOSE TO THE SHARED PROPERTY. LINE. TWO, DUE TO SPECIAL CONDITIONS THAT LIBERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF FINDS, UH, STAFF FOUND SPECIAL CONDITIONS ON THE SUBJECT PROPERTY THAT WARRANT THE NEED FOR AN ACCESSORY STRUCTURE TO HAVE A ONE INCH SIDE SETBACK. UNNECESSARY HARDSHIP SEEMS TO BE PRESENT IN THIS CASE AS THE APPLICANT COULD NOT RELOCATE THE ACCESSORY STRUCTURE. THREE, BY GRANTING THE VARIANCE, THE SPEAR OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPEAR OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. IN THIS CASE, THE INTENT IS FOR SUFFICIENT SPACING BETWEEN THE ACCESSORY STRUCTURE AND THE PROPERTY LINE ACCESSORY STRUCTURE WILL BE ONE INCH FROM THE SIDE PROPERTY LINE, WHICH WILL OBSERVE THE SPIRIT OF THE ORDINANCE OR, OR INTENT OF THE CODE AS IT WILL, UM, HAVE SPACE BETWEEN THE SHARED PROPERTY LINE FOR THE VARIANCE, WILL NOT AUTHORIZE THE AUTHOR OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THIS VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED IN THIS VARIANCE. SUCH VARIANCE. UH, FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED. IF GRANTED, THE STRUCTURE WILL MAINTAIN ONE INCH FROM THE SIDE PROPERTY LINE, WHICH IS UNLIKELY TO INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY AS STAFF OBSERVED, UH, OTHER NEIGHBORING PROPERTIES WITH THE SHARED PROPERTY LINE VIOLATIONS WITHIN SETBACK FOR ACCESSORY STRUCTURES SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN DISTRICT, WHICH IS PROPERTY IS LOCATED. STAFF FOUND UNIQUE CIRCUMSTANCES, UH, ON THE SUBJECT PROPERTY THAT WOULD WARRANT THE NEED FOR A REDUCED SIDE SETBACK. THE REAR YARD HAS A SWIMMING POOL ESTABLISHED THAT REDUCES SPACE TO HAVE AN ACCESSORY STRUCTURE WITH PROPERTY SIDE SETBACK. END OF MOTION. IT WAS SECOND. . SECOND. SECOND. MR. SPILLMAN? SECOND. SECOND. UH, WE HAVE, WE HAVE A SECOND FOR MR. SPILLMAN. UH, MR. MAN, WOULD YOU LIKE TO PROVIDE SOME COMMENT? YEAH. SO I, YOU KNOW, I WOULD NOT NORMALLY BE VOTING FOR THIS, BUT YOU KNOW, I'M LOOKING AROUND THE NEIGHBORHOOD AND THERE ARE A LOT OF NEIGHBORS THAT HAVE BUILT A ZERO LOT LINE ACCESSORY STRUCTURE ON THEIR PROPERTIES. UM, AND, AND SO I'M STRUGGLING TO SAY THAT WE SHOULDN'T DO IT HERE. WHERE LIKELY WAS THE CASE, THAT IT WAS THIS WAY, YOU KNOW, TO BEGIN WITH. SO, UM, SO I, I I THINK THAT I WILL BE GRANTING THE MOTION. MR. SPILLMAN, WOULD YOU LIKE TO PROVIDE SOME COMMENT OR, YEAH, BASICALLY I FEEL THE SAME WAY. . ALRIGHT, LET'S TAKE A ROLL CALL. VOTE. MR. MANO. I CONCUR WITH THE FINDINGS OF FACT. MR. SPILLMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. BONIA. I CONCUR. MR. MANCHACA DO NOT CONCUR. MR. DEAN? I DO NOT CONCUR. [07:10:02] MS. CRUS? I DO NOT CONCUR. MS. HAYES. I CONCUR. MR. VASQUEZ. I DO NOT CONCUR. MR. OZUNA? I CONCUR. CHAIR ORIAN. I CONCUR WITH THE FINDINGS. IN FACT, WITH SIX IN FAVOR, WE HAVE FOUR IN OPPOSITION. UH, THE VARIANCE DOES NOT PASS. PLEASE, UH, GET WITH STAFF AND THEY CAN, IF THERE'S A, UH, DO SIDE, DO WE WANT LIKE A FRIENDLY AMENDMENT OR, OR PREVAILING SIDE? YEAH. IS THERE A RECONSIDERATION FROM THE PREVAILING SIDE? AND MAYBE NOT ONE INCH, BUT PERHAPS THERE'S SOME, UM, MEASUREMENT OF, OF DISTANCE THAT THEY COULD PROVIDE AS A ALTERNATE MOTION OR VARIANCE HERE? EITHER WAY, IT'S GONNA BE HARD TO PROPOSE LIKE A MOVEMENT AT LEAST A FOOT AWAY, BOTH FRONT AND BACK SIDES AND BACK. SO JUST A REMINDER, THE, UH, THERE IS NO REAR SETBACK BECAUSE OF THE ALLEY, AT LEAST A FOOT AWAY. AND THEN LET ME CONSIDER, UH, IF THAT INCLUDES GUTTERS ALSO. OKAY. THAT, THAT ALSO, WOULD THERE BE AN OPEN FOR CONSIDERATION IF WE, UH, HAVE AN ALTERNATE, UH, VARIANCE FOR 12 INCH, INCLUDING GUTTERS FROM THE SIDE SETBACK? COULD WE PUT THAT AS A MOTION AND RE-VOTE ON THAT ISSUE? WELL, WOULD THAT BE A, A, A, A FRIENDLY AMENDMENT OR WOULD THAT BE A RECONSIDERATION OR, OR WELL, HERE'S, WE HAVE TO, TO OPEN IT UP FOR RECONSIDERATION. YEAH. OKAY. SO WHAT, SO A RECONSIDERATION WE JUST OPEN UP FOR CAN WE JUST DO A ROLL CALL VOTE. I MEAN, NOT ROLL CALL FROM THE PREVAILING SIDE. YEAH. SOMEBODY FROM THE PREVAILING SIDE CAN MAKE A MOTION TO RECONSIDER MR. MANCHA, IF YOU WANNA MAKE A MOTION TO RECONSIDER YEAH, A MOTION TO RECONSIDER. CAN WE JUST TAKE A VOTE? SECOND. OKAY. CAN WE JUST TAKE A VOTE? ALL IN FAVOR SAY AYE. AYE. AYE. THE AYES HAVE IT. NOW LET'S, UH, HAVE A, A ALTERNATE VAR UH, VARIANCE MOTION MADE. ANA, MS. ANA, I'M GOING TO PR NOT NECESSARILY READ THE WHOLE THING AGAIN. SIBLY JUST GONNA MAKE THE, UM, UH, ADD THE FRIENDLY AMENDMENT TO ALLOW A STRUCTURE TO BE, UM, UM, 12 INCHES FROM THE SIDE SETBACK. UM, SO FOR A, UH, FOUR FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK, AND THERE WAS DIALOGUE ABOUT A GUTTER BEING NEEDED. UM, AND SO, UM, I WILL STATE THAT THOUGH, THAT THE, THE ROOF SLOPE RIGHT NOW IS TO THE FRONT AND BACK. SO, SO DO YOU STILL, UH, DO YOU STILL THINKING GUTTER NEEDS TO BE IN PLACE? YES. OKAY. IT'S WITH GUTTERS, SO, OKAY. SO THE APPLICANT HAS TO ADJUST HIS APPLICATION. WE CAN'T PUT A CONDITION, SO, SO I CAN'T PUT A CONDITION ON IT, BUT YOU CAN, YOU CAN, UH, FORMALLY MEND YOUR ALLOW OR TO, UH, INSTALL GUTTERS AND, BUT YOU NEED TO STATE THAT. SO TO ADD GUTTERS ONTO YOUR STRUCTURE, I DON'T, I DON'T FOLLOW, I HAVE TO ADD GUTTERS TO MY STRUCTURE. SO THE DIALOGUE HERE. SO DIALOGUE HERE. SO, SO, SO, SO SOMETIMES WE'LL ASK, UM, THE APPLICANTS. UM, SO, SO YOU'VE HEARD DIALOGUE HERE. AND SO THERE'S, THERE'S PART OF THE, THE DAYS HERE IS UNCOMFORTABLE, UM, GRANTED MOTION, UM, WITHOUT THE, THE ADDITION OF GUTTERS. BUT WE CAN'T FORMALLY, UH, UH, HAVE YOU DO THAT. YOU WOULD HAVE TO MEND YOUR MOTION TO INCLUDE GUTTERS. OKAY. AND WOULD I HAVE TO SIT THROUGH THIS? UH, NO. YOU, YOU WOULD JUST STATE THAT YOU WOULD AMEND YOUR APPLICATION TO HAVE GUTTERS IF YOU WOULD CHOOSE. SO WITH THE FOOT CLEARANCE. AND THAT'S DONE ONLINE? NO, YOU COULD DO THAT HERE AT THE PODIUM. WELL, I'LL AMEND MY, UH, VARIANCE REQUEST TO BE A FOOT OFF WITH GUTTERS FROM THE PROPERTY LINE. SO MOVED. OKAY. SO PROPOSED? YEP. DO WE HAVE A SECOND ON IT, MS. CRUZ? SECOND. SECOND, YEAH. LET'S TAKE A ROLL CALL. VOTE. MR. MANO. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. I CONCUR. MR. SPILLMAN. I CONCUR. MR. BONILLA? I CONCUR. MR. MANCHACA? I CONCUR. MR. DEAN. I DID NOT CONCUR. MS. HAYES. I DO NOT CONCUR. MR. VASQUEZ. I CONCUR. MR. OZUNA, I CONCUR. CHAIR ORIAN. AND I CONCUR WITH THE FINDINGS OF FACT WITH NINE IN FAVOR. UM, WAS THAT TWO? NO, I THINK IT'S 8 0 8 TO IN FAVOR? EIGHT TO TWO. HMM. SO THAT VERY STILL DOES NOT PASS. SO WOULD THERE BE A RECONSIDERATION? IS THERE SOMETHING ON THE OPPOSITE OPPOSING SIDE THAT WOULD TURN THIS WITH THE TWO VOTES? HAYES? IT WOULD BE [07:15:01] COMMISSIONER HAYES OR COMMISSIONER DEAN. YEAH, THEY NEED TO REOPEN IT, IF ANYTHING. COMMISSIONER HAYES? NO, I DON'T THINK THAT IT'S PROPER TO QUESTION SOMEONE'S VOTE. IF THE VOTE HAS GONE FORWARD, THE VOTE HAS GONE FORWARD. WE'RE NOT QUESTIONING, WE'RE JUST ASKING IF YOU WOULD BE OPEN TO RECONSIDER. I'M NOT RECONSIDERING MY VOTE. OKAY. SO, OKAY. THANK YOU. OKAY. PLEASE, UH, GET WITH STAFF FOR YOUR OPTIONS HERE. THANK YOU. NEXT CASE, PLEASE. ITEM NUMBER 18TH, ONE 30. ALL RIGHT. THIS APPLICATION IS LOCATED ON 1264 SOUTH WW WHITE ROAD APPLICANT BEING LA ENTERPRISES DISTRICT TWO, AND THE PROPERTY IS C TWO. SUBJECT PROPERTY IS LOCATED ON SOUTH W W I SURROUNDED BY COMMERCIAL AND INDUSTRIAL USES ON ALL SIDES EXCEPT THE REAR EAST. APPLICANT CONSTRUCTED IN ADDITION TO THE BUILDING THAT ENCROACHES ON THE REAR SETBACKS AND BUFFER THE WARE CONSTRUCTION WHEN IT WAS ZONED F LOCAL RETAIL DISTRICT, WHICH REQUIRED 20% REAR SETBACK FOR THIS LOT, THAT WOULD BE 24 UH, FEET AS THE PRINCIPAL STRUCTURE STANDS NOW. UH, SO WHAT WE'RE TRYING TO SAY IS IT DOESN'T MEET TODAY'S CODE, BUT WHEN IT WAS BUILT, IT MET THE CODE BACK THEN, UH, BEFORE 2001. UM, THE ADDITION WAS CONSTRUCTED FOR STORAGE PURPOSES. NEXT SLIDE. AS YOU SEE THE ADDITION IN YELLOW, UM, WHICH MEASURES FOUR FEET, SIX INCHES FROM THE REAR RESIDENTIAL PROPERTY, SUBJECT PROPERTY REAR STEPBACK AND SURROUNDING AREAS. ALL RIGHT, STAFF RECOMMENDATION FOR ARREAR SETBACK AND BUFFER VARIANCE STAFF RECOMMENDS IT DENIAL. AND BO O 8 23 1 0 3 0 0 1 30 BASED ON THE FOLLOWING FINDINGS OF THE FACT THAT THIS IS NOT SUITABLE AS IT IMPOSES ON THE PUBLIC INTEREST OF THE ADJACENT NEIGHBOR ABOUT BEING TOO CLOSE TO SHARED RESIDENTIAL PROPERTY LINE. AND IS SPIRITED ORDINANCE NOT BEING OBSERVED? IT IS INCREASES COMMERCIAL USES CLOSE TO THE RESIDENTIAL SIDE PROPERTY LINE. UH, WE DO NOT RECEIVE ANY, UH, RESPONSES. AND THAT CONCLUDES STAFF'S, UH, PRESENTATION. THANK YOU. ANY QUESTIONS FOR STAFF HEARING? I'D ASK THE APPLICANT TO PLEASE COME FORWARD. GOOD EVENING. MY NAME IS, UH, EDMAN, AND, UM, I'M THE OWNER FOR 1264 SOUTH W WHITE, ACTUALLY, I'M DOING THE BUSINESS IN THIS PROPERTY AND ON THIS PROPERTY, LIKE FROM 2016 MARCH, 2016 TILL TODAY. AND, UH, I BOUGHT THIS PROPERTY, UH, FROM PREVIOUS OWNER, UM, LAST NOVEMBER, NOVEMBER, 2022. UM, AND I'M A SMALL BUSINESS OWNER, SO AS A BUSINESS OWNER, ACTUALLY, UH, DAY BY DAY WHEN I, UH, ORDER SOME STUFF. SO, UH, I HAVE A 3,500 SQUARE FEET, UM, STORE TOTAL, UM, BUILDING. SO WHENEVER I ORDER SOME EXTRA STUFF, SO ACTUALLY I HAVE TO SIT IT DOWN INTO THE FLOOR. SO SOMETIMES MY CUSTOMER CANNOT WALK THROUGH THE WHOLE STORE, SO I DECIDE LIKE I NEED A STORAGE. SO I MAKE A STORAGE BEHIND THE STORE. SO LIKE ADDITIONAL STORAGE ONLY FOR LIKE, KEEP SOME EXTRA MERCHANDISE WHENEVER, BECAUSE I ORDER, BECAUSE WHENEVER MY ORDER COME, SO IT'S COME THROUGH MY BACK AREA. SO SOMETIMES IF I LEAVE IT OPEN AND, UM, UNTIL MY WORKERS COME INTO MY STORE, SO I HAVE TO KEEP IT BACKSIDE. SO, AND SOMETIMES IT'S COME LIKE AROUND 50, 60, 70 BOXES. SO, AND SOMETIMES, YOU KNOW, UM, PEOPLE AROUND AREA, THEY STILL FROM THE BACKSIDE. SO I, UH, THAT, IN THAT CASE, I ACTUALLY BASICALLY NEED STORAGE. THAT'S WHY I MAKE THE STORAGE IN THE BACKSIDE TO JUST KEEP ALL MY MERCHANDISE. SO THAT'S THE MAIN REASON. LET'S SEE IF WE, ANY QUESTIONS FOR THE APPLICANT? MANNA MR. UM, SO, SO IT LOOKS LIKE, SO DID YOU, UM, THERE WAS A STRUCTURE THERE BEFORE YES. YES. BEHIND THE BUILDING, AND THEN YOU BASICALLY REMOVED THAT STRUCTURE AND REPLACE IT WITH THIS NEW STRUCTURE? NO, NO. THE BEHIND THE BUILDING, YOU SEE THE YELLOW THINGS, IT WAS EMPTY, SO I MAKE THE STRUCTURE. OKAY. OKAY. BUT, UM, THERE WAS, YEAH, THERE WAS THE EMPTIES. SO I JUST MAKE THIS [07:20:01] STRUCTURE BECAUSE OF THE STORAGE, JUST FOR THE STORAGE, AND THERE IS NO POWER, NO WATER, AND NOTHING ON IT. IT'S JUST A STORAGE. OKAY. THANK YOU. CORIAN STORY, IS THIS ATTACHED OR IS IT DETACHED? IS, UM, ATTACHED WITH THE BUILDING? BECAUSE IT IS, UH, IT'S WITH A METAL SHEET, BUT I HAVE A BACK DOOR SO I CAN GET INTO, UH, FROM MY EXIT DOOR. NO, IT JUST LOOKS LIKE FROM THE AERIAL THAT IT'S DETACHED. THAT'S WHY I WAS ASKING. IT'S NOT, ACTUALLY, NO, I'M NOT OPERATING ANY BUSINESS IN THIS STORAGE. BUT IT'S THE BUILDING CONNECTED. IS IT PHYSICALLY TOUCHING THE EXISTING BUILDING? YES. OKAY. THANK YOU. THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT? OKAY, THANK YOU, SIR. AT THIS POINT, UH, DO WE HAVE ANY, SOMEBODY SIGNED UP FOR PUBLIC COMMENT OR VOICEMAIL? WE HAVE, UH, PEOPLE SIGN UP TO SPEAK. UM, FIRST UP, UH, STEVEN WILSON, STEVEN WILSON, LORI EWING, LORI EWING WILL BE FOLLOWED BY WILL. EW EWING. THANK YOU. THANK YOU FOR YOUR PATIENCE HERE. I MEAN, THIS IS, OH MY GOODNESS, I KNOW THIS IS, I HAD A CLASS IN S T R R EDUCATION HERE, BUT ANYWAY, UM, MY NAME IS LORI EWING AND I'M WITH, UH, W EWING DEVELOPMENT. MY ADDRESS IS 12 70, 12 72, AND 1274 SOUTH WW WHITE ROAD RIGHT NEXT TO HIS BUSINESS. SO I AM FOR THE VARIANCE, I DO NOT SEE ANY ISSUE WITH IT BECAUSE AS YOU CAN SEE, THE, THE WEST, IN THE WEST, WAIT, WAIT, THE NORTH, THERE'S A VACANT LOT THERE, YOU KNOW, UH, IT'S A COMMERCIAL VACANT LOT. AND THEN THE, TO THE EAST, IT'S, UH, A GARDEN. I MEAN, IT'S, UH, IT'S A YARD. THERE'S NO HOME CLOSE BY THAT WOULD, IT WOULD INTERFERE WITH ANYTHING. AND IT'S, AND WHEN IT COMES TO MY BUSINESS OR OUR BUSINESS, UM, THERE'S NO ISSUE. NOW BEFORE, UH, THEY BUILT THAT, UM, OR THEY PUT UP THAT ADDITION THERE, THERE WAS A LOT OF SPACE. AND BECAUSE I HAVE A FLOWER SHOP AND MY BACKYARD IS RIGHT, YOU KNOW, TO HIS BACK, UM, HIS BACK, I SAY YARD BECAUSE I HAVE GRASS IN A GARDEN ANYWAY, SO I, SOMETIMES I'M THERE TILL TWO, THREE IN THE MORNING. AND BEFORE THAT, UH, ADDITION WAS PUT UP, THERE WAS A LOT OF HOMELESS PEOPLE THERE, AND THERE, THERE WAS TRASH THROWN. UH, THERE, THERE WAS THAT, THAT VACANT. PEOPLE WOULD JUST USE IT JUST FOR, THEY WERE VERY INCONSIDERATE. SO I REALLY THINK IT'S A, IT'S A GOOD, UH, ADDITION. AND LIKE HE SAID, IT'S, I'VE SEEN IT, IT'S JUST FOR STORAGE, NOT FOR ANY BUSINESS OR ANYTHING LIKE THAT. OKAY. THANK, THANK YOU. APPRECIATE YOU. MM-HMM. . LET'S SEE IF ANY QUESTIONS FOR, I HAVE A QUESTION. UH, IS THERE ANY LIGHTING THAT WOULD, UH, BOTHER YOU? NO. NO. ON TOP OF THE BUILDING OR ANYTHING LIKE THAT? NO. NO LIGHTING? MM-HMM. OKAY. THANK YOU. YOU'RE WELCOME. ANYBODY ELSE SIGNED UP TO SPEAK? WILL, WILL EWING, FOLLOWED BY WILLIAM EZ. HELLO, MY NAME IS WILL EWING. UH, I'M LORI'S HUSBAND. SHE'S MY BOSS, AND I JUST DO WHATEVER SHE TELLS ME TO DO. . OKAY. UH, THOSE PICTURES THAT YOU JUST SHOWED, THOSE PICTURES ARE OUTDATED. UH, HIS BUILDING HAS BEEN IMPROVED 100% SINCE HE PURCHASED THAT PROPERTY. THOSE PICTURES ARE NOT A ACCURATE REPRESENTATION OF WHAT THE PLACE LOOKS LIKE. AND THE PICTURE OF OUR BUILDING ALSO DOES NOT REFLECT THE IMPROVEMENTS THAT WE MADE. UH, WE'VE BEEN MAKING IMPROVEMENTS ALMOST EVERY YEAR, AND HE'S PUT UP NEW SIGNAGE, HE'S PUT UP NEW LIGHTING. I MEAN, IT'S, IT REALLY LOOKS NICE AND HE'S TRYING TO IMPROVE THE AREA. HE'S NOT TRYING TO DO ANYTHING TO MAKE THE AREA WORSE. AND IF YOU LOOK AT A LOT OF THE, THE, THE BUSINESS OWNERS ON WW WHITE, SOME OF 'EM DON'T EVEN CARE ABOUT THEIR BUILDING. HE CARES, AND HE TAKES CARE OF THAT PLACE. HE COMES TO WORK AT SEVEN IN THE MORNING AND LEAVES LIKE 10 O'CLOCK AT NIGHT. SO I'M, I'M HERE TO SUPPORT HIM. AND, YOU KNOW, WE'RE SMALL BUSINESS OWNERS. WE DON'T HAVE THE MONEY TO BE, UH, FIGHTING, YOU KNOW, WITH IN COURT TO TRY TO JUST SUSTAIN OUR BUSINESS. AND IF YOU HAVE ANY QUESTIONS, I'LL, I'LL [07:25:01] ANSWER 'EM. THANK YOU, SIR. ANY QUESTIONS FOR NOPE. THANK YOU, SIR. THANK YOU FOR YOUR TIME. I REALLY APPRECIATE IT. NO PROBLEM. ANYBODY ELSE SIGNED UP TO SPEAK? UM, LAST ONE IS WILLIAM MAREZ. IT'S RAVITZ. UH, MY NAME IS WILLIAM J RAVITZ AND I'M THE ONE THAT OWNS THE RESIDENTIAL AREA. RIGHT BEHIND THE BUILDING THERE, THE STORAGE SHED. AND I OWN THE VACANT COMMERCIAL LOT, AND I HAVE NOTHING. UH, FIRST OF ALL, THAT BUILDING WAS BEING BUILT ON, ON SATURDAY AND SUNDAY WITHOUT NO PERMITS. AND SO I APPROACHED, UH, MUHAMMAD'S PARTNER AND ASKED HIM HAD THEY KNEW WHAT THEY WERE DOING, AND THEY LOOKED AT ME AND, UH, KIND OF LIKE SAID, YOU KNOW, THEY DON'T SPEAK ENGLISH, YOU KNOW, AND, UH, SO, UH, COMPARED TO THEM, I THINK YOU SHOULD HAVE ABOUT A FIVE FOOT SETBACK. WELL, THEY HAD ALREADY STARTED DIGGING THE POLES, AND IT WAS ONLY GONNA BE A THREE FOOT AWAY FROM THE FENCE BACK THERE. AND SO THEY STOPPED AND KIND OF, I TOLD 'EM, I SAID, I THINK YOU NEED TO THINK ABOUT WHAT YOU'RE DOING. AND THEY MOVED IT BACK FIVE FEET AND THEY WENT AHEAD AND BUILT IT WITHOUT A PERMIT. AND SO EVERYTHING I'M, I'M, I'M FOR THE STORAGE BUILDING, BUT MY QUESTION IS, WHEN MR. NICKS BUILT THAT BUILDING THERE, ORIGINALLY IT'S ONLY 20 INCHES OFF MY FENCE LINE. AND THEY SAID THAT THAT WAS A CONSIDERED A FIREWALL. SO THIS NEW ADDITION THAT HE PUT BACK THERE IS HE REQUIRED TO PUT A FIREWALL, BUT HE WOULD HAVE TO COMPLY NOW WITH ALL THE BUILDING CODES, UH, WHICH MAY OR MAY NOT. SO IT'D GO THROUGH FIRE REVIEW AS PART OF THE APPROVAL PROCESS HERE. IF WE, IF HE IS, IF THE VARIANCE IS APPROVED, UH, HE WOULD HAVE TO COMPLY WITH THE BUILDING, UH, OKAY. CODES FOR THE CITY WITH THE STRUCTURE. OKIE DOKIE. SO, YES, I, I'M IN FAVOR FOR IT, BUT JUST, UH, WE NEED TO LOOK AT SOME OF THE, UH, BUILDING COMPONENTS OF IT. YES, SIR. OKAY. THANK YOU, SIR. ANY QUESTIONS? SO, SO JUST TO, JUST TO REITERATE, SO, SO, SO YOU'RE THE, YOU'RE, YOU ARE THE, UM, THE RESIDENTIAL LOT BEHIND THE PROPERTY OF WHICH IT IS THAT REQUIRES A BUFFER SPACE AND, AND THEY'VE, THEY'VE MOVED INTO THAT BUFFER SPACE, BUT YOU'RE OKAY WITH IT, WITH A FIVE FOOT SETBACK? WELL, IT WAS SUPPOSED TO BE FIVE FOOT, BUT IF YOU ACTUALLY GONNA MEASURE IT, I THINK IT'S FOUR FOOT SIX INCHES. THEY, THEY STILL KIND OF MESSED UP ON THAT, BUT THAT, THAT'S NOT ENOUGH TO, UH, THAT'S NOT ENOUGH TO WORRY ABOUT. AND THE WAY, THE WAY THAT, UH, MR. NICKS BUILT THAT PROPERTY, HE PUT A TWO FOOT RETAINING WALL THERE. SO THE WATER'S NOT AN ISSUE THAT COMES OFF THAT BUILDING. IT RUNS DOWN THE SIDE OF THAT BUILDING AND RUNS TO WW WHITE. OKAY. I JUST WANTED TO CONFIRM. YOU ARE THE, YOU ARE THE PERSON BEHIND IT AND YOU'RE GOOD. SO, OKAY. PERFECT. THANK YOU. THANK YOU. UM, LET'S, WITH NO OTHER COMMENT OR PUBLIC THAT CLOSES THE PUBLIC PORTION, I'D ASK A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION HERE. MS. CRUZ, DID YOU WANT TO? I I'LL DO IT. I CAN. OR HERE, I'LL HAVE IT RIGHT HERE. MS. CRUZ. I CAN DO IT. OKAY. ORIAN. OH, MS. CRUZ IS GONNA READ IT. YOU CAN SECOND IT. MS. MS. ORIAN. OKAY. QUICK, QUICK, QUICK. OKAY. UH, REGARDING CASE NUMBER BO A 23 1 0 3 0 0 1 3 0, I MOVED AT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR A ONE A 25 FOOT SIX INCH VARIANCE FROM THE MINIMUM 30 FOOT REAR SETBACK TO ALLOW STRUCTURE WITH A FOUR FOOT SIX INCH REAR SETBACK AND TWO, A 10 FOOT SIX INCHES VARIANCE FROM THE MINIMUM 15 FOOT BUFFER YARD TO ALLOW A STRUCTURE WITH A FOUR FOOT SIX INCH REAR BUFFER YARD SITUATED AT 1 2 6 4 SOUTH, UH, WW WHITE ROAD APPLICANT, B L A ENTERPRISES INC. 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 PROFICIENCY OF THE U D C AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY RESTRICTED REAR SETBACK AND BUFFER YARD. TO PROVIDE SPACING BETWEEN THE COMMERCIAL USE LOT AND THE ABUTTING RESIDENTIAL LOT, THE APPLICANT IS REQUESTING A VARIANCE TO THE REAR SETBACK AND BUFFER YARD TO BE FOUR FEET SIX INCHES FROM THE REAR PROPERTY LINE. STAFF FINDS HIS DISTANCE IS SUITABLE AS THE RESIDENTIAL STRUCTURE IS A DISTANCE AWAY FROM THE PROPERTY LINE. IN QUESTION TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF FOUND SPECIAL CONDITIONS ON THE SUBJECT PROPERTY THAT WARRANT THE NEED FOR THE ADDITION TO HAVE A [07:30:01] FOUR FOOT SIX INCH REAR SETBACK AND BUFFER YARD. THE AMOUNT THE SPACE AVAILABLE TO EXPAND WHILE LEAVING PARKING AREA AVAILABLE IS LIMITED. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUSTAIN SUSTAINABLE JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. IN THIS CASE, THE ATTENTION IS FOR SIGNIFICANT SUFFICIENT SPACING BETWEEN A COMMERCIAL USE AND A RESIDENTIAL USE TO THE REAR. THE ADDITION OBSERVES THE SPIRIT OF THE ORDINANCE OR INTENT OF THE CODE AS IT LEAVES IN THIS ROOM FOR THE RESIDENTIAL FROM THE RESIDENTIAL LOT AND THE RESIDENTIAL STRUCTURE HAS A SIGNIFICANT DISTANCE FROM THE SIDE. PROPERTY LINE FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE SONY DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED IN THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. IF GRANTED, THE STRUCTURE WILL MAINTAIN FOUR FEET, SIX INCHES FROM THE REAR PROPERTY LINE, WHICH IS UNLIKELY TO INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY SINCE THERE WILL STILL BE SEPARATION BETWEEN THE LOTS AND THE RESIDENTIAL PROPERTY HAS ENLARGED TOUCH GARAGE ON THE SIDE WITH THE COMMERCIAL USE. SIX APPLIED OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND NOT NOT DUE TO OR RESULT OF GENERAL CONDITIONS IN WHICH, IN THE DISTRICT IN WHICH PROPERTY IS LOCATED. STAFF FOUND UNIQUE CIRCUMSTANCES ON THE SUBJECT PROPERTY THAT WOULD WARRANT THE NEED FOR A REDUCED REAR SETBACK IN BUFFER YARD. ADDITION TO THE SIDE OF THE STRUCTURE WOULD REDUCE PARKING SPACES AND PREVENT THE PROPERTY OWNER TO ADD STORAGE PAGE FOR THE COMMERCIAL USE. AND A MOTION. I HAVE A SECOND. SECOND, SECOND. MR. MOHAN, UH, MS. CRUZ, WOULD YOU LIKE TO PROVIDE SOME COMMENTARY? UM, NO. I THINK THIS WOULD BE, UH, A GOOD ADDITION TO THE PROPERTY. I DON'T SEE ANY PROBLEMS WITH IT. AND LIKE THE, UH, OWNER BEHIND BEHIND THEM SAYS THAT IT STILL GIVES HIM ENOUGH SPACE. I DON'T SEE ANY PROBLEMS WITH IT. I CONCUR WITH MY COLLEAGUE. I CONCUR TOO. AND I JUST WANT TO ADD THAT, UH, THE BUILDING WOULD HAVE TO GO THROUGH THE CITY, UH, INSPECTION PROCESS, WHICH INCLUDES ANY FIRE RATING OR ANY OTHER, UH, APPLICABLE, UH, BUILDING CODES THAT WOULD NEED TO BE REQUIRED. SO THAT'S A GOOD, GOOD DEAL HERE. ALRIGHT, LET'S TAKE A, UH, ROLL CALL. VOTE MS. CRUZ. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. BONILLA. I CONCUR. MR. MANCHACA. I CONCUR. MR. DEAN. I CONCUR. MS. HAYES. I CONCUR. MR. VASQUEZ. I CONCUR. MR. OZUNA. I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS. AND FAYE. AND THAT'S 10 IN FAVOR. ZERO IN OPPOSITION. THE VARIANCE PASSES. UH, GOOD LUCK WITH THE PROJECT. THANK YOU. NEXT CASE. THANK YOU. THANK YOU ALL FOR KEEPING SAN ANTONIO IN COMPLIANCE. THANK YOU. OKAY, ITEM NUMBER 19 IS BO O A DASH 23 DASH 0 3 31. ADDRESS IS 1 0 1 8 MAY STREET IN CITY COUNCIL. DISTRICT TWO APPLICANT IS ZIGA ARCHITECTURE STUDIO. A REQUEST FOR A 1040 SQUARE FOOT VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT LOT SIZE REQUIREMENT TO ALLOW A 2,960 SQUARE FOOT LOT. AND THE CURRENT ZONING IS RMM FOUR. UH, THE SUBJECT PROPERTY IS LOCATED ALONG 1 1 8 MAY STREET, UH, NEAR THE INTERSECTION OF EAST HOUSTON STREET AND NORTH PINE STREET. THESE SUBJECT PROPERTY FRONTS ONTO MAY STREET WITH THE SIDE AND REAR FACING OTHER RESIDENTIALLY ZONED DISTRICTS. CURRENTLY THE LOT DOES NOT MEET THE MINIMUM LOT SIZE REQUIREMENT OF 4,000 SQUARE FEET LEADING THE APPLICANT TO SEEK A VARIANCE TO DEVIATE FROM THE MINIMUM SQUARE FOOTAGE REQUIREMENT. THE APPLICANT IS ANTICIPATING ON CONSTRUCTING A SINGLE FAMILY DWELLING AND UPON SITE VISITS. STAFF OBSERVED OTHER SMALLER LOTS IN THE IMMEDIATE AREA. AND THIS IS THE SITE PLAN AND THE SUBJECT PROPERTY, AND [07:35:01] THEN THE SURROUNDING AREA. STAFF RECOMMENDATION FOR THE LOT SIZE VARIANCE, STAFF RECOMMENDS APPROVAL AND BO O A DASH TWO THREE DASH 1 0 3 0 0 1 3 1 BASED ON THE FOLLOWING, ONE, THE LOT WITH ITS CURRENT DIMENSIONS WILL OBSERVE THE SPIRIT OF THE ORDINANCE AS THE APPLICANT IS ABIDING BY ALL OTHER BUILDING REQUIREMENTS. AND TWO, THE ANTICIPATED STRUCTURE IS PROPORTIONAL WITH THE SIZE OF THE LOT. AND THIS IS THE NOTIFICATION PLAN. STAFF MAIL 36 NOTICES, UH, ZERO RETURN IN FAVOR, ZERO IN OPPOSITION. AND WE HAD NO RESPONSE FROM THE DIGNITY HILL NEIGHBORHOOD ASSOCIATION. AND THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. DO WE HAVE ANY QUESTIONS FOR STAFF ON THIS? OKAY, I'D LIKE THE APPLICANT TO PLEASE, PLEASE COME FORWARD. OKAY. THANK YOU FOR YOUR PATIENCE. ADRIANA ZIGA WITH ZIGA ARCHITECTURE STUDIO 1 1 7 23 WISTER VALLEY STREET, SAN ANTONIO, TEXAS 7 8 2 3 0. UM, SO I'LL TRY TO MAKE IT BRIEF. UM, OUR CLIENT PURCHASED THIS LOT. IT'S A VACANT LOT EARLIER IN THE YEAR. IT IS IN THE DIGNITY HILL HISTORIC DISTRICT. HE'S LOOKING AT BUILDING A, IT'S A VERY SMALL HOUSE. IT'S, IT'S ONE AND A HALF STORIES HIGH. WE ALREADY HAVE H D R C APPROVAL. UM, AND WE WERE MADE AWARE OF THIS ISSUE THROUGH THE C O D PROCESS. UM, WE, UM, WE DO QUALIFY FOR IT, BUT BECAUSE OF THE LOT SIZE ISSUE, UH, WE HAD TO GET A VARIANCE FIRST. WE, UM, ASKED ABOUT ADMINISTRATIVE VARIANCE. WE WERE TOLD WE WOULDN'T QUALIFY BECAUSE IT'S A PARTIAL LOT. UM, SO THAT'S WHY WE'RE HERE TODAY. THE, UM, LIKE I SAID, THE, THE, THE HOUSE IS VERY SMALL. IT'S PROPORTIONATE TO THE SIZE OF THE LOT. UH, IT MEETS ALL THE HISTORIC, UM, GUIDELINES. WE MEET ALL THE SETBACKS. UM, THE MAXIMUM BUILDING SIZE FOR THE RMM FOUR ZONING. UM, AND IF YOU LOOK AT MAY STREET, EVEN THOUGH IT'S A STREET, IT, IT BEHAVES VERY SIMILAR TO AN ALLEY IN THAT ALL OF THE PROPERTIES TO THE NORTH OF IT, EXCEPT FOR ONE FACE, HOUSTON STREET, AND ALL OF THE PROPERTIES ON THE SOUTH OF IT, IT ONLY SPANS ONE BLOCK. UM, ALL OF THE PROPERTIES TO THE SOUTH OF IT, THE SOUTH OF IT ARE SMALL, LOTS, SMALL HOUSES, ONE STORY. UM, SO THERE'S SOME SPECIFIC CIRCUMSTANCES FOR THAT PARTICULAR AREA THAT ARE DIFFERENT FROM OTHER AREAS, UM, WITHIN THE NEIGHBORHOOD. UM, SO EVEN THOUGH THE SIZE WOULD BE SMALLER THAN THE MINIMUM REQUIRED, UM, THERE IS NO OPPOSITION FROM THE NEIGHBORS, UM, THAT WE ARE AWARE OF. THERE'S NO NEIGHBORS THAT WOULD BE DIRECTLY AFFECTED BY IT. AND BECAUSE OF THE SMALL SIZE, UH, THE ORIGINAL INTENT OF THE ORDINANCE WOULD REMAIN. SO WE WOULD RESPECTFULLY REQUEST THAT YOU APPROVE OUR REQUEST TODAY. THANK YOU. LET'S SEE IF WE HAVE ANY QUESTIONS FOR THE APPLICANT. MACHACA, MANCHACA. SO THIS HOUSE WILL BASICALLY LOOK LIKE THE ONE THAT'S ALREADY THERE TO THE LEFT. YOU'LL, YOU'RE GONNA PARK IN THE FRONT LIKE A TWO CAR PARKING IN THE FRONT, OR IS IT GONNA BE A PARKING THAT GOES TOWARD THE REAR? IT HAS A SIDE, A DRIVEWAY TO THE SIZE OF IT WITH STACKED PARKING. I SEE. HOW FAR IS THE SETBACK FROM THE STREET TO THE HOUSE? MORE OR LESS. IS IT GONNA BE FLUSH WITH THE OTHER ONES OR MORE TOWARD THE STREET? IT'S ALIGNED. THAT'S ONE OF THE HISTORICAL REQUIREMENTS. WE HAVE TO ALIGN IT TO THE HOUSES THAT ARE ADJACENT TO IT. SO IT'S, THAT'S, IT'S PUSHED BACK PRETTY FAR. UM, 22 FOOT, ALMOST 23 FEET. THANK YOU MR. MANCHA. MR. MANCHACA, ANY OTHER QUESTIONS FOR THE APPLICANT STAFF? DO WE HAVE ANYBODY FOR PUBLIC COMMENT OR VOICEMAIL? I HAVE ONE. VOICEMAIL. HI, MY NAME IS . MY ADDRESS IS 1 2 2 MAY STREET AND THE CASE NUMBER THAT I'M CALLING ABOUT IS IN THE THREE DIGITS. 1, 3 1. UH, I'M CALLING TO MAKE A COMMENT OF BEING AGAINST THE ALLOWANCE, UM, TO BUILD ON A 2,900 HUNDRED 60 SQUARE FEET LOT. UM, INSTEAD OF REQUIRING THE 4,000 SQUARE FEET, UM, THE LOT OF, BASICALLY THE LOT WOULD BE TOO SMALL. UM, AND IT WOULD, IT WOULD PROBABLY IMPACT THE, UH, REST OF THE NEIGHBORHOOD BY HAVING A EMPTY STORY HOUSE IN SUCH A SMALL LOT. THANK YOU. ALRIGHT, WAS THAT THE END OF THE PUBLIC COMMENT? [07:40:02] YEP. THAT'S ALL THAT MS. SGA, WOULD YOU LIKE TO PROVIDE ANY, UH, CLOSING COMMENT BEFORE WE CLOSE THE PUBLIC PORTION? UM, I MEAN, THE LOT IS THE SIZE THAT IT IS. THERE'S NOTHING WE CAN DO ABOUT IT. IT, IT WAS THAT SIZE WHEN MY CLIENT PURCHASED IT. UM, THE ZONING WAS ALREADY EXISTING ON IT. UM, SO YEAH. THANK YOU. ALRIGHT, MA'AM, SO, UH, FOR THAT, FOR THE, UH, STAFF, WAS, WAS THAT PERSON IN FAVOR OR NOT IN FAVOR? I I GOT CONFUSED. THEY WERE OPPOSED. THEY'RE OPPOSED. OKAY, THANK YOU. OPPOSED MADE COMMENT ABOUT THE LOT SIZE. ALRIGHT, CAN WE GET, UM, A MOTION HERE? MANA, MR. MANNA, UH, REGARDING CASE NUMBER BO 8 2 3 1 0 3 0 0 1 3 1. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A 1040 FOOT SQUARE FOOT OF VARI VARIANCE FROM THE MINIMUM FI 4,000 SQUARE FOOT LOT TO ALLOW A 29 60 SQUARE FOOT LOT SITUATED 1 1 8 MAY STREET APPLICANT BEING ZIGA ARCHITECTURE STUDIO P L L C. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF PROPERTY SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS EMITTED WOULD RESULT IN UNNECESSARY HARDSHIPS. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY PUBLIC INTEREST. PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY MINIMUM LOT SIZES TO MAINTAIN INTEGRITY OF THE ASSIGNED BASED ZONING DISTRICT AND TO PREVENT THE OVERCROWDING OF SMALLER LOTS. GIVEN THAT THERE ARE OTHER NONCONFORMING LOTS IN THE IMMEDIATE AREA, THE REQUEST SEEMS HIGHLY UNLIKELY TO BE CONTRARY TO PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE SPECIAL CONDITION FOUND ON THE SUBJECT PROPERTY IS THE LOT IS SMALLER IN SIZE. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT NOT BEING ABLE TO BUILD ON THE VACANT LOT, WHICH WOULD RESULT IN AN UNNECESSARY HARDSHIP. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN EXACT LETTER OF THE LAW. THE LOT WITH HIS CURRENT DIMENSIONS WILL OBSERVE THE SPIRIT OF THE ORDINANCE AS THE APPLICANT IS ABIDING BY ALL OTHER BUILDING REQUIREMENTS. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN ZONING DISTRICT, WHICH THIS VARIANCE IS LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHEN IS PROPERTY IS LOCATED. IF GRANTED, THE LOT WILL BE 29 60 SQUARE FOOT, WHICH IS HIGHLY UNLIKELY TO ALTER THE CENTRAL CHARACTER OF THE DISTRICT. THE ANTICIPATED STRUCTURE IS PROPORTIONAL WITH THE SIZE OF THE LOT. ADDITIONALLY, THE STRUCTURE IS ABIDING BY THE MINIMUM SETBACK WHICH WON'T INTERFERE WITH SURROUNDING PROPERTIES. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH IS VARIANCE OF SAW IS DUE TO UNIQUE CIRCUM, UNIQUE CIRCUMSTANCES EXISTED ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS OF THE DISTRICT WHICH THIS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH IS VERY SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES, UH, ON THEIR PROPERTY, SUCH AS THE SMALL LOT SIZE AND THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL AND A MOTION. MOVE A SECOND. SECOND. SECOND, SECOND, MS. CRUZ. ALRIGHT, MR. MAD, WOULD YOU LIKE? SO, UM, YES. I'LL BE VOTING IN FAVOR OF THIS. UH, I'LL QUOTE MS. BRAGMAN IS THAT THERE IS, YOU KNOW, WE DO HAVE A HOUSING, UH, SHORTAGE AND, AND ANYTIME THAT WE CAN FIND WHERE WE'RE ABLE TO FILL IN, UH, IN THE SPACES THAT WE DO HAVE AVAILABLE, YOU KNOW, IT'S A WELCOME SITE. UM, AND ALSO AS A NOTE, UM, THE BACKSIDE OF THIS LOT, UM, WHICH, UH, FACES CROCKETT, UH, IS THE SAME SIZE, SAME WIDTH LOT, AND THEY HAVE A HOUSE ON IT. SO, SO BASICALLY IT'S JUST LIKE THE LOT OR THE HOUSE BEHIND IT. SO I'LL BE VOTING IN FAVOR. MS. CRUZ. I AGREE WITH MR. MANNA. I DON'T SEE ANY PROBLEM WITH THIS, UH, ESPECIALLY SINCE EVERYTHING GOT DONE BEFORE THEY STARTED BUILDING. IT'S EVEN BETTER. THANK YOU. THANK YOU. UH, LET'S GO AHEAD AND, UH, TAKE A ROLL CALL. VOTE MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. MR. SPIELMAN. I CONCUR. MR. BONILLA I CONCUR. MR. MENCHACA. I CONCUR. MR. DEAN. I DO NOT CONCUR. MS. HAYES. I CONCUR. MR. VASQUEZ. I CONCUR. MR. OZUNA, I CONCUR. CHAIR ORIAN. I CONCUR WITH THE FINDINGS OF FACT. NINE IN FAVOR, ONE IN OPPOSITION. THE VARIANCE DOES PASS. GOOD LUCK WITH THE PROJECT. THANK YOU. AND THANK YOU FOR YOUR PATIENCE HERE TONIGHT. THANK YOU. NEXT CASE, PLEASE. ITEM 20 IS BOA DASH 23 DASH 0 3 0 0 1 3 2. ADDRESS IS 7 3 5 HAMMOND AVENUE IN CITY COUNCIL DISTRICT THREE, APPLICANT BEING LINDA KELLY. AND THE REQUEST IS FOR A VARIANCE FROM THE PERMITTED FENCE MATERIALS TO ALLOW A CORRUGATED METAL FENCE ALONG THE SIDE AND REAR PROPERTY LINE TWO, A TWO FOOT FOUR INCH VARIANCE FROM THE MAXIMUM SIX FOOT FENCE HEIGHT REQUIREMENT TO ALLOW AN EIGHT FOOT FOUR INCH SOLID SCREEN FENCE IN THE SIDE AND REAR YARD. AND THREE, A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A DETACHED CARPORT TO BE ONE [07:45:01] INCH FROM THE SIDE PROPERTY LINE. AND THE CURRENT ZONING IS R FOUR. THE SUBJECT PROPERTY IS LOCATED ALONG HAMMOND AVENUE, NEAR SOUTH GIVER STREET. THE FENCE ALONG THE EASTERN NORTHERN AND A SMALL PORTION OF THE WESTERN PROPERTY LINES ARE CORRUGATED METAL. THE REMAINING PORTIONS OF THE FENCE, UH, ON THE WEST WESTERN PROPERTY LINE IS COMPRISED OF WOOD BEAMS. UH, BOTH MEASURE EIGHT FOOT FOUR INCHES IN HEIGHT. THE FENCE IN ITS CURRENT LOCATION ENCLOSES THE REAR YARD OF THE SUBJECT PROPERTY FOR PRIVACY AND SECURITY CONCERNS FOR THE APPLICANT. UPON SITE VISIT, STAFF OBSERVED A DETACHED CARPORT IN THE SIDE YARD, UH, DUE TO PROPERTY AND ACCESSIBILITY. STAFF WAS UNABLE TO CONDUCT MEASUREMENT, BUT THE CARPORT APPEARED TO BE ONE INCH FROM THE SIDE PROPERTY LINE. UH, BOTH THE FENCE AND CARPORT WERE CONSTRUCTED WITHOUT OBTAINING PROPER PERMITS OR VARIANCES, RESULTING A CODE ENFORCEMENT, UM, CASE OR A CODE ENFORCEMENT SIDE OF THE SUBJECT PROPERTY. AND THIS IS THE SITE PLAN AND THE SUBJECT PROPERTY. AND THIS IS THE EIGHT FOOT FOUR INCH CORRUGATED METAL FENCE. AND THIS IS THE EIGHT FOOT FOUR INCH WOOD PRIVACY FENCE. AND THEN THIS IS THE CARPORT IMPOSING INTO THE SIDE SETBACK. AND THEN THIS IS A PICTURE OF ANOTHER CORRUGATED METAL FENCE IN THE IMMEDIATE AREA. AND THEN THE SURROUNDING AREA. UH, STAFF RECOMMENDATION FOR THE FENCE HEIGHT, UM, CORGAN METAL AND SIDE SETBACK VARIANCES. STAFF RECOMMENDS DENIAL AND BO EIGHT DASH 23 DASH 1 0 3 0 1 32 BASED ON THE FOLLOWING. UH, ONE THE FENCE WITH ITS CURRENT MATERIALS AND HEIGHT CAN BE SEEN FROM THE PUBLIC RIGHT OF WAY, WHICH MAY IMPOSE ON THE SAFETY OF THE PUBLIC. AND TWO, THE CLOSENESS OF THE CARPORT TO THE SIDE PROPERTY LINE DOES NOT ALLOW FOR ADEQUATE NATURAL LIGHT VENTILATION AND ACCESS FOR ROUTINE MAINTENANCE WITHOUT TRESPASS. AND THIS IS THE NOTIFICATION MAP. UH, STAFF NOTED OUT 25 NOTICES, UH, TO RETURN IN FAVOR WITH TWO OUTSIDE THE 200 FEET. UH, NONE IN OPPOSITION. AND WE HAD NO RESPONSE FROM THE HIGHLAND PARK NEIGHBORHOOD ASSOCIATION. AND THEN THESE ARE, UM, THE PUBLIC COMMENT THAT WE RECEIVED AND THAT CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. THANK YOU. LET'S SEE. ANY QUESTIONS FOR STAFF HEARING UNITED ASK THE APPLICANT TO PLEASE COME FORWARD. THANK YOU. OKAY. CAN I PUT THIS HERE? MM-HMM. . OKAY. MY NAME IS, UH, WELL, HELLO EVERYBODY. , I'M SORRY THAT YOU'RE HERE THIS LATE, BUT I, UM, I WANNA TAKE THE TIME TO TELL YOU, UM, MY SITUATION. MY NAME IS LINDA KELLY. I'M AT 7 35 HAMMOND STREET. AND, UM, THE LETTER THAT I WROTE WAS, UM, AT THE TIME WHEN I PUT THESE, UM, FENCE UP, UM, MY MINDSET WAS DIFFERENT. I, UM, I HAVE KIND OF LIKE A MENTAL CONDITION. I HAVE HAD A LOT OF MINI STROKES AND I HAVE RECENTLY HAD A STROKE. OKAY. SO, UM, WHAT I'M TRYING TO SAY IS THAT, UH, LEMME SEE THAT. YOU WANNA DO THAT ONE? OH, HERE I CAN. WERE YOU GONNA SHOW THEM? MM-HMM. , I CAN PROJECT IT ON THERE. MM-HMM. , THEN I'LL GO INTO THAT AND THEN YOU CAN PUT THE, I GUESS THE, THAT LETTER BACK. . I CAN ONLY SHOW 'EM ONE AT A TIME. OKAY. THAT'S FINE. THAT'S FINE. OKAY. THIS IS, UM, HOW THE, IT'S TOO, USE THIS LASER POINTER TO POINT OUT WHAT YOU'RE TALKING ABOUT. IT'S THIS BUTTON ON TOP. THAT RED ONE. THIS ONE? MM-HMM. . OKAY. THIS IS WHERE I LIVE. OKAY. AND THIS IS HAMMOND WHERE I STAY, I STAY AT 7 35 HAMMOND. OKAY. UM, MY COM THE REASON WHY I PUT THAT FENCE UP AT THE TIME, UM, I WAS FEELING LIKE, UH, LIKE DESPERATE AND HELPLESS AND, UM, UM, AND WHEN I GOT THE MONEY, I JUST, I JUST, UH, REACTED BECAUSE WE'VE BEEN HAVING A LOT OF CRIME. [07:50:01] THERE'S BEEN, UM, UH, A WHAT THEY CALL IT, A, UM, A A LOT OF CRIME IN THE NEIGHBORHOOD. AND I LIVE RIGHT THERE. RIGHT HERE IS A HALFWAY HOUSE WHERE PRISONERS AND PAROLEES LIVE. THIS IS WHERE I LIVE, RIGHT HERE. AND THEN I KNOW THAT Y'ALL PROBABLY FAMILIAR WITH OUTREACH, OUTREACH, UH, VICTORY. IT'S ALSO ANOTHER HALFWAY HOUSE THAT THEY HOUSE PRISONER, UH, YOU KNOW, WHERE THEY'RE ON PAROLE, UH, PAROLE OR, OR WHATEVER. AND, UM, BEING IN THESE HIGHLIGHTED AREAS, THAT'S WHAT, UH, THE CRIME, UH, RAPE USUALLY HAPPENS WHEN YOU'RE NEAR SCHOOL, WHEN YOU'RE NEAR A PARK. AND THEN I HAVE, UM, THESE PARKING LOTS RIGHT HERE. UM, AND THEN I HAVE THE, UH, THE CHURCH, UH, WE, WE HAVE A LOT OF FOOT TRAFFIC AND THEN WE'RE BACKED UP TO AN ALLEY. OKAY. WHICH, UH, WE HAVE PROBLEMS WITH HOMELESS. UM, WHEN I TAKE MY TRASH OUT, I HAVE TO LOOK OUTSIDE OUT FIRST AND THEN SEE IF IT'S SAFE TO GO OUT THERE AND TO TAKE MY TRASH OUT WHEN I DRIVE UP. I DON'T KNOW IF SOMEONE'S GONNA BE LAYING ON MY PORCH, UM, OR WHAT. SO, UH, AND THEN I ALSO, UM, HAD PROBLEMS, UH, YOU KNOW, WITH THE METH HEADS, UH, UH, AND THEN THERE'S SOME PEOPLE THAT GO DOWN THE STREET THAT PROBABLY THEIR MIND IS WORSE THAN MINE. . AND, UH, CAN YOU SHOW THAT FOR THEM, PLEASE? THE, IF YOU CAN GET IT, I DON'T KNOW IF YOU CAN GET IT. UM, I HAVE A VIDEO. I WAS DEEP ASLEEP AND, UH, I WAS WOKE UP BY, UH, THIS LOUD VOICE, UH, GOING ON. AND I, AND I, I GOT UP, I GOT UP BECAUSE IT WAS SO CLOSE TO THE HOUSE AND IT, AND THIS IS IT. I PURCHASED THE HOUSE IN 1996. I'VE BEEN OVER THERE OVER 20 YEARS. UM, THE HOUSE HAS BEEN FROM THE CITY DONE FROM TOP TO BOTTOM. UH, I HAD A, A PROGRAM THAT I WAS ELIGIBLE FOR, AND THEY DID THE HOUSE. AND DURING THAT TIME, I CANNOT, UH, HANDLE A LOT OF STUFF HAPPENING AT ONE TIME. SO THERE'S, UH, YOU KNOW, THIS VIOLENCE GOING ON. AND THEN, UH, THEN I'M, I'M DISPLACED AND I'M GOING TO, UH, MY PROPERTY AND I'M TRYING TO, UM, CHECK ON THINGS. AND EVERY TIME I GO OVER THERE, THERE'S JUST, IT'S JUST SOMETHING, YOU KNOW, THEY, THEY ROBBED THE, UM, THE AC UNIT. THEY STOLE THE, THE PEOPLE'S, UM, EQUIPMENT. UM, AND I, YOU KNOW, WE'VE BEEN HAVING A LOT, A LOT OF PROBLEMS. SO, UH, BUT BEFORE, UH, BUT BEFORE THAT, BEFORE THAT, UM, I HAD PROBLEMS WITH MY NEIGHBOR IN THE BACK. UM, I DON'T KNOW IF Y'ALL REMEMBER HIM, UM, UM, RICO, UM, UH, SAL RICO HAS PROBLEMS WITH HIM. HE'S, HE'S ON DREXEL STREET, HE'S A DRUNK AND HE'S, UH, HE HAS AFFECTED ME TOO. YOU KNOW, HE HAS BEEN IN MY PROPERTY. HE HAS USED A LADDER TO CLIMB IN THE BACKYARD. I HAVE HAD PEOPLE IN MY YARD WHEN I DRIVE UP AND I HAVE A LOT OF FRUIT TREES, AND I DIDN'T, I DIDN'T THINK ANYTHING OF IT. BUT WHEN YOU'RE HOMELESS AND IF THE, IT, UH, HOW YOU SAY IT, IT, UH, IS VERY VIBRANT. AND THOSE LEMONS ARE BIGGER. YOU KNOW, THEY'RE BIG LIKE THIS. AND SO THEY'RE COMING DOWN AND THEY SEE THIS LIKE A [07:55:01] BIG MOON, YOU KNOW, AND THEY SEE THIS FRUIT. UH, I DIDN'T KNOW IT WAS GONNA CAUSE UH, A PROBLEM. I PUT IT THERE IN CASE, YOU KNOW, YOU KNOW, MONEY GOT LOW, I CAN AT LEAST HAVE SOME FRUIT OR, OR SOMETHING LIKE THAT. SO, UM, MS. KELLY, CAN CAN YOU BE SPECIFIC TO THE, TO THE CASE? SO WE'RE, WE'RE TALKING ABOUT ABOUT VARIANCE. WE'RE TALKING ABOUT THE VARIANCE, RIGHT? OKAY. I'M SORRY. THE FENCE MATERIAL. I'M, I'M, AND THE, AND THE HEIGHT OF THE FENCE. SO WE'RE TRYING TO OKAY. IT'S LATE AND WE'RE TRYING TO WRAP. OKAY. I'M SORRY. NO, THAT'S QUITE JUST, OKAY. I'M NERVOUS , BUT I'M AFRAID FOR MY SAFETY. OKAY. AND I REACTED, I DIDN'T THINK ANYTHING OF IT. THE FENCE HAS BEEN UP PROBABLY OVER SIX YEARS. UM, ONE SIDE IS, UM, FOUR YEARS AND A HALF, AND THE CARPORT'S BEEN UP OVER 10 YEARS. AND, UM, AND NOW I FEEL SAFE FINALLY IN MY HOME. AND I DON'T, UM, AT LEAST INSIDE MY HOME. THANK YOU. LET'S SEE IF THERE ANY QUESTIONS. DO WE HAVE ANY QUESTIONS FOR MS. KELLY? JUST ONE QUESTION. UH, I, I ASSUME YOU HAVE LIKE POLICE REPORTS ALSO. YES, I DO. AND I, I'M TRYING TO MAKE A THAT'S FINE. A WRONG, RIGHT? I MEAN, IT DOESN'T EXCUSE WHAT I DID, BUT I CAN ONLY HANDLE ONE THING AT A TIME. NOT A LOT OF STUFF GOING ON AT THE SAME TIME. I UNDERSTAND. THANK YOU. IT'S VERY STRESSFUL. I HAVE IN THE MIDDLE OF THIS, IT'S BEEN GOING ON. I GET PAID ONCE A MONTH AND, UM, AND IT'S, AND IT'S HARD, UM, TO, YOU KNOW, THAT'S HOW COME IT'S TAKEN THIS LONG. IT'S BEEN SINCE DECEMBER I'VE BEEN GOING THROUGH IT. BUT IN BETWEEN ALL THIS, BETWEEN DECEMBER NOW I HAVE HAD ANOTHER STROKE AND IT'S JUST BEEN VERY STRESSFUL. BUT I'M NOT MAKING EXCUSES. I'M TRYING TO MAKE A, UM, A WRONG. RIGHT. OKAY. I HAVE A APPLIED FOR THE VARIANCE. I DID PAY, UH, THANK GOD MY SON PAID FOR ME, BECAUSE IF NOT, I WOULDN'T HAVE BEEN ABLE TO DO THAT. I WOULD BE FINE. YOU KNOW, I'VE JUST, I HAVE ONLY ONE INCOME. I'M A, I'M A SINGLE HOMEOWNER AND I'M, I'M JUST TRYING TO LOOK OUT FOR MY SAFETY. NOW I CAN FINALLY OPEN THE WINDOW TO MY BEDROOM. I'M BACKED UP TO AN ALLEY, AND THEN MY NEIGHBORS, UH, WERE SO CLOSE TOGETHER, I CAN DRIVE UP AND TALK TO THEM. SO MY BEDROOM FACES THEM. SO I KIND OF LIKE THAT WHERE THE GATE, UH, THE GATE IS, IS COVERING MY BEDROOM SO THAT I CAN HAVE, UH, ALSO SOME PRIVACY AND ABLE TO AT LEAST OPEN THE WINDOW AND, UH, WHILE I'M THERE, YOU KNOW, AND THESE ARE THE POLICE REPORTS. UM, MANNA. SO, SO WHEN WE TALK ABOUT METAL FENCES, YOU KNOW, SO ONE OF THE THINGS WE WANT IS TO KEEP EVERYBODY SAFE. AND SO, AND SO ONE OF THE CHALLENGES THAT WE HAVE WITH METAL FENCES IS THEY HAVE SHARP EDGES. AND SO, UM, AND SO ONE OF THE THINGS THAT WE LOOK FOR, YOU KNOW, UM, WHEN WE SEE SOMETHING LIKE THAT IS WHAT ARE, WHAT HAVE YOU DONE? OR, OR HOW IS A FENCE SAFE? AND SO DOES IT HAVE SHARP EDGES ALONGSIDE? NO, IT KIND OF LIKE GOES, LIKE IT, IT'S, UH, IT'S A VERY, UH, QUALITY MATERIAL. IN OTHER WORDS, IT, IT GOES, IT, IT GOES, UH, IT TURNS OVER. IT'S NOT SEE HOW IT ON THE TOP AND IT, IT CUTS, YOU KNOW, AND IT'S NOT SHARP. OKAY. AND THEN ON THE SIDE HERE, YOU KNOW, SO I SEE ON THE SIDE THAT KIND OF IS KINDA EXPOSED EDGE THERE. SO ON THIS SIDE OVER HERE ON THE SIDE, CLOSE TO YOUR NEIGHBOR. SO YES. SO, SO, SO I GUESS, YOU KNOW, SO THOSE, THOSE ARE SHARP EDGES. AND SO, SO I DO HAVE A CONCERN ABOUT THAT. MM-HMM. , YOU KNOW, JUST IN GENERAL. AND THEN, AND THEN I KIND OF GOT A SIDE PICTURE. IS THERE A METAL FENCE ALONG CORRUGATED METAL GOING DOWN THE SIDE BETWEEN YOUR HOUSE AND THE NEIGHBOR'S HOUSE AS WELL? YES, THERE'S ONE. OH, SO SORRY. AND THEN HAVE A PROBLEM. IT'S LOUD THERE. THERE'S ONE SIDE THAT HAS CORRUGATED METAL, AND THEN IT GOES ALONG TO THE REAR. THAT'S THE RED LINE. AND THEN THE BLUE LINE IS WHERE SHE HAS A, A WOOD FENCE. MM-HMM. . SO, SO I GUESS, YOU KNOW, UM, YOU KNOW, I GUESS A REQUIREMENT OR REQUEST, I GUESS THAT I WOULD, I WOULD WANT TO SEE IS, IS A COMMITMENT TO TRY TO FIGURE OUT HOW TO PROTECT THOSE EDGES SO [08:00:01] THAT WE DON'T HURT ANYBODY, YOU KNOW? AND SO, SO YES, UH, UH, PROBABLY, UM, I THOUGHT ABOUT, YOU KNOW, PAINTING IT BECAUSE, YOU KNOW, UH, I WASN'T GONNA LEAVE IT LIKE THAT. I WAS JUST WAITING ON SOME MONEY TO, TO PAINT IT. BUT I CAN FIND, UM, SOMETHING TO PUT ON THOSE, UH, ON THOSE EDGES FOR SO IT WON'T BE SHARP. YES. AND SO, AND SO THEY, THEY'RE CALLED CAPS AND SO IS WHAT WE NORMALLY CALL 'EM. AND SO THEY, THEY PUT CAPS ON. GENERALLY IT'S ON THE TOP AND BOTTOM, BUT HERE IT'S ON THE SIDES THAT IT'S SUPPOSED. AND WE DO, I I, I DON'T KNOW WHERE TO GET 'EM. NOW YOU'RE BEYOND MY EXPERTISE, SO I KNOW, I KNOW THE WORD CAP. PROBABLY HAVE TO GO TO HOME DEPOT AND ASK THEM. YOU SET THEIR CAPS, METAL, A METAL CAP OR SOMETHING? YEAH, METAL OR WOOD OR WOOD TRIM ON THE SIDE. SO JUST SO, SO THAT THE EDGE IS NOT EXPOSED. SO OKAY. THEN IT WOULD BE HARD TO OPEN THE FENCE. I, I, I WOULD, UH, PROBABLY GO TO, UM, HOME DEPOT OR SOME AND ASK WHAT I CAN DO TO, TO DO THAT. AND, AND THEN, AND THEN FOR THE CARPORT, IT LOOKED LIKE, SO IT'S, IT'S ALSO CORRUGATED METAL TOP. AND IT, IT'S GOING, IT'S GOING LIKE THIS. IT'S, THE WATER'S GOING IN MY YARD, AND THEN IT'S GOING DOWN MY DRIVEWAY. AND THAT'S WHAT I WAS GONNA ASK. AND SO, SO IT LOOKS LIKE, IT LOOKS LIKE IT WAS SHAPED SO THAT THE, THE FLOW OF THE WATER WOULD BE IN YOUR YARD, REMAINING IN YOUR YARD. AND, AND IT'S NOT, IT'S NOT BACK TO THE FENCE. IT'S ABOUT MAYBE EIGHT AND A HALF INCHES AWAY FROM THE NEIGHBOR. AND SEE, OUR, OUR, OUR DRIVEWAY IS KIND OF DEEP. IT'S NOT, UH, HOW YOU SAY, UH, I DON'T KNOW HOW TO, YOU KNOW, IN OTHER WORDS, IT'S, IT'S LIKE THIS, SO IN THE, IN THE CITY. SO IT, IT, YOU KNOW, IT'LL FLOW DOWN THE, SO YOU SAID THE, OR YOUR CARPORT WAS EIGHT INCHES AWAY? EIGHT INCHES AWAY FROM THE FENCE. UM, IT SAYS I HAVE, I HAVE A, UH, I HAVE A CHAIN LINK FENCE, AND THEN I HAVE, UH, I PUT, UH, THE DIVISION IS, UH, NOT, I, I TOOK IT INTO CONSIDERATION. IT'S NOT BACKED UP TO THEIR FENCE AT ALL, BUT IT'S, I THINK, I THINK IT'S ABOUT EIGHT AND A HALF INCHES BECAUSE I PUT THE, THE, THE TAPE ON THE CHAIN LINK FENCE AND BROUGHT IT TO THE, UH, WHERE, WHERE THE METAL IS. AND IT, AND IT WAS ABOUT EIGHT AND A HALF INCHES AWAY. AND THEN, UM, AND I APOLOGIZE, I'M HOGGING CONVERSATION HERE. AND SO THE ROOF ON YOUR CARPORT, DOES IT, DOES IT STOP WITH THE POLE THAT YOU JUST MEASURED TO, OR DOES IT HANG OVER A LITTLE BIT TOWARDS THE NEIGHBOR'S FENCE OR, SO WHAT DOES THAT FENCE THE TOP OF THE ROOF LOOK LIKE WITH REGARDS TO THE CORRUGATED METAL? SO, SO YOU MEASURED TO THE POLE, IT, IT'S, BUT YOU MEASURED FROM THE FENCE TO THE POLE? YES. AND THEN UP ABOVE, IS IT EVEN WITH THE POLE OR DOES IT COME OVER A LITTLE BIT WITH A LITTLE BIT OF A NO, IT DOESN'T, IT DOESN'T OVER IT. IT'S ON, IT'S JUST, IT, IT, IT STOPS RIGHT THERE AT THE, AT THAT EDGE. OKAY. YES. THANK YOU. OKAY. THANK, THANK YOU. OKAY. OKAY, ORIAN, MR. ORIAN STAFF, CAN YOU PLEASE BRING UP GOOGLE MAPS? I'D LIKE YOU TO DO A STREET VIEW ON THE ALLEY BEHIND THE HOUSE. WE'RE PULLING IT UP, COMMISSIONER. OH, AWESOME. AND, UM, YEAH, THAT'S REALLY WHAT I TALK ABOUT. THERE YOU GO. SO IN THIS ALLEY, PEOPLE SEEM TO HAVE, UM, I, I SEE A NUMBER OF METAL STRUCTURES UP AGAINST THE ALLEY LINE. IF YOU CUT A PAN UP AND DOWN, IT'S KIND OF THE NEIGHBORHOOD. I MEAN, PROTECT THEM FROM THE, THE ALLEY. THAT'S BECAUSE THERE'S A LOT OF, THEN YOU CAUGHT ANOTHER CORRUGATED METAL FENCE. IT'S LOOKS LIKE IT'S EIGHT FEET TALL, HIGHER, PROBABLY . SO, UH, ARE YOU TRAPPED IN YOUR BACKYARD? CAN YOU GET OUT TO THE ALLEY IF YOU HAD TO? YES. THERE'S A, THERE'S A, THERE'S A DOOR ACCESS WAY. OKAY. THAT'S WHERE YOUR, THAT'S WHERE YOUR GARBAGE PICKUP IS. SEE? RIGHT THERE. OH YEAH, THERE IT IS. OKAY. YEAH, SEE THERE'S A CHAIN LINK FENCE AND THEN THERE'S THE DOOR. AND SO WHAT WE'RE LOOKING AT, UH, JUST TO EXPAND ON WHAT COMMISSIONER MAN HAD MENTIONED, UH, THIS, THIS, UH, WE'RE, WE'RE LOOKING TO SEE IF THERE'S ANY EXPOSED METAL. AT LEAST THAT'S WHAT I'M LOOKING FOR. AND, AND, UH, IT LOOKS LIKE ON THE EDGES WHERE YOUR OPENING IS, YOU, THEY TERMINATE INTO A, A METAL POST. UH, IS IS, DO YOU HAVE ANY EXPOSED EDGES THERE? BECAUSE IT ALSO LOOKS LIKE YOU HAVE A CHANGE OF FENCE. NO. EVERYTHING RIGHT BEHIND IT, EVERYTHING IS INSIDE, NOT ON THE OUTSIDE, IF YOU KNOW WHAT I MEAN. IT'S EVERYTHING. OKAY. I DON'T, DO YOU HAVE A PICTURE OF THAT? AND THEN DO YOUR, IS YOUR, DO YOU HAVE ANY DOCUMENTATION OR DID YOU TALK TO YOUR NEIGHBOR, ESPECIALLY THE ONE TO YOUR RIGHT, ABOUT WHAT [08:05:01] THEY THINK ABOUT THIS CARPORT? DO I HAVE ANYBODY THAT CALLED IN? NO. IS THERE NO PUBLIC INPUT? EITHER VOICEMAIL OR, OKAY. THERE'S NO PUBLIC COMMENT ON THAT. THERE'S NO PUBLIC COMMENT. MY NE RIGHT. THANK YOU. MY NEIGHBORS DON'T HAVE A PROBLEM WITH THAT. UH, I HAVE SOMEONE FROM THE CITY THAT HAD A, A LETTER, UH, THAT WAS DOING THAT MY HOUSE FROM TOP TO BOTTOM. AND, UM, HIS, HIS NAME IS MR. DICKERSON. HE WORKS FOR THE CITY. HE DOES THE, YOU KNOW, THE HOUSES FROM THE TOP TO THE BOTTOM. AND, UM, WELL, I, I, I'M ONLY ASKING 'CAUSE YOUR, YOUR NEIGHBOR'S PROPERTY LOOKS VERY CLOSE, UH, TO OH YEAH. WE'RE LIKE CORRUGATED FENCE. WE'RE I CAN, NO. UH, AND THE WINDOWS AND THE WINDOWS THEY HAVE ALONG THE SIDE OF THEIR HOME. I, I, I WOULD SURE LIKE TO HEAR FROM THEM WHAT YOU KNOW. WELL SEE, THE THING IS THAT NO NEWS IS GOOD NEWS IS IF THEY HAD, IF THEY WANTED TO COMPLAIN, THEY WOULD'VE COMPLAINED ABOUT IT. AND THEY TOLD ME THAT THEY HAVE NO PROBLEM WITH IT. I HAVE, UH, MR. GUZMAN ON THE SIDE, UH, I HAVE TALKED TO MY NEIGHBORS, THEY HAVE NO PROBLEM WITH IT. UM, THEY SAID THEY WERE GOING TO SEND IN A LETTER. I, YOU KNOW, AND THE OTHER ONE THEY JUST MOVED IN. UH, YEAH. YOU KNOW, AND HE SAID THAT THEY HAVE NO PROBLEM WITH THAT EITHER, YOU KNOW. OKAY. THANK YOU. MM-HMM. . ALRIGHT. THANK YOU MR. ORIAN. ANY OTHER QUESTIONS FOR THE APPLICANT? OKAY. AND STAFF, WE HAVE NO ONE SIGNED UP RIGHT TO, FOR THE PUBLIC PORTION. OKAY. MS. KELLY, WOULD YOU LIKE TO PROVIDE JUST ANY CLOSING COMMENTS BEFORE WE CLOSE THE PUBLIC PORTION OF THE MEETING? ALL I WANT TO, UM, TO SAY IS THAT I WANT YOU TO CONSIDER MY SAFETY AND I FEEL SAFE NOW. IT'S BEEN IN EXISTENCE FOR ALL THOSE YEARS AND IT HAS SERVED ITS PURPOSE AND I CAN FINALLY SIT IN THE BACKYARD. UM, UH, IT'S NOT GOING TO TAKE AWAY FROM THE GUN, UH, THE STRING OF SHOOTING THAT WE HAVE IN OUR NEIGHBORHOOD BECAUSE THE BEAR COUNTY COMMISSIONER WAS BREAKING NEWS. HE'S IN THE HIGHLAND HILLS AREA, SPOKE ON BEHALF OF HIGHLAND HILLS AND SAID SOMETHING NEEDED TO BE DONE ABOUT IT. THERE WERE, UH, ONE OF FATAL, UH, SOMEONE DIED AND THE OTHER, UH, THE OTHER ONE THAT, UH, THEY WERE INJURED. AND I MISS, AND THAT'S MS. KELLY. THAT'S ALL I HAVE TO JUST SAY. MS. KELLY, HOW LONG IS YOUR CARPORT? HOW LONG? YEAH, IT'S ABOUT 20 FEET, 22 FEET. WHAT DO YOU GOT, SIR? I'M NOT, I CAN'T HONESTLY TELL YOU, UH, BUT YOU CAN LOOK AT ZOOM, UH, FROM THE AIR AND SEA. IT, IT, IT KINDA, UH, BLENDS. UH, OKAY. I HAVE A PATIO AND IT, UH, OKAY. I DON'T KNOW. UH, BUT DO YOU THINK IT'S SHORTER THAN, IS IT NO MORE THAN 25 FEET LONG AS YOU PULL INTO IT? I, I CAN'T TELL YOU. YOU PARKED YOUR CAR. OKAY. THERE IT IS. SEE, THANK YOU. HAVE, HAVE YOU EVER PARKED A CAR UNDER IT? THAT'S WHERE I PARKED MY, MY VEHICLE. AND, UH, WHEN IT COMES FROM, UH, UH, IT PROTECTS MY CAR. YES. I I BUT IT DOESN'T GO TOO MUCH FURTHER BEFORE OR AFTER THE CAR? NO, MR. ORIAN, I MEASURE ABOUT 19 FEET ON THAT. IT'S RIGHT THERE. SEE? OH YEAH. 19. OKAY, GOT IT. YEAH. THANK YOU. I'D LIKE TO MAKE A MOTION IF, UH, PLEASE, MR. ORIAN. UM, ALRIGHT. THANK YOU MS. KELLY. REGARDING CASE NUMBER BO A DASH 23 DASH HUNDRED 3 32, I MOVE THAT THE BOARD OF ADJUSTMENT BRAND REQUEST FOR ONE, A VARIANCE ON THE PERMITTED FENCE MATERIALS TO ALLOW A CORRUGATED METAL FENCE ALONG THE SIDE AND REAR PROPERTY LINE, UH, TWO, A TWO FOOT FOUR INCH VARIANCE FROM THE MAXIMUM SIX FOOT FENCE HEIGHT REQUIREMENT TO ALLOW AN EIGHT FOOT FOUR INCH SOLID GREEN FENCE IN THE SIDE REAR YARD. AND THREE, A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIZE OF THAT REQUIREMENT TO ALLOW A DETACHED CARPORT NOT TO EXCEED 22 FEET IN LENGTH TO BE ONE INCH FROM THE SIDE PROPERTY LINE SITUATED AT 7 35 HAMMOND AVENUE, APPLICANT BEING LINDA KELLY. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITERAL, A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE HAS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THAT VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS REPRESENTED BY RESTRICTIONS AND FENCE HEIGHT TO PROVIDE UNIFORMITY WITHIN AN ESTABLISHED NEIGHBORHOOD, [08:10:01] PROHIBITED FENCE MATERIALS TO PREVENT INJURY AND SETBACKS, WHICH ARE IMPORTANT FOR A WELL DESIGNED, UH, BUILT ENVIRONMENT. THE APPLICANT IS REQUESTING A VARIANCE TO ALLOW OFFENSE TO EXCEED THE MAXIMUM SIX FOOT HEIGHT REQUIREMENT, THE INCORPORATION OF CORRUGATED METAL AND FENCE DESIGN AND A CARPORT, UH, NOT TO EXCEED 22 FEET IN LENGTH TO BE ONE INCH FROM THE SIDE OF PROPERTY LINE. A SMALL PORTION OF THE FENCE CAN BE SEEN FROM THE PUBLIC RIGHT OF WAY, WHICH WILL NOT IMPOSE, UH, OF THE SAFETY OF THE PUBLIC. ADDITIONALLY, THE HEIGHT DOES NOT APPEAR TO DETRACT FROM THE ARCHITECTURAL INTEGRITY OF THE PRINCIPAL DWELLING. MOREOVER, THE CARDBOARD IN ITS CURRENT LOCATION CANNOT BE SEEN FROM THE PUBLIC RIGHT OF WAY. HOWEVER, DUE TO THE CLOSENESS, IT IS THE PROPERTY LINE ALLOWS FOR ADEQUATE NATURAL LIGHT VENTILATION AND ACCESS WITHOUT TRESPASS OR MAINTENANCE. TWO, DUE TO SPECIAL CONDITIONS OF LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP THAT LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP OR THE APPLICANT AS THE FENCE AND CARPORT ARE ALREADY CONSTRUCTED. DEFENSE AND HIS CURRENT FORM APPEARS TO NOT POSE A THREAT TO THE PUBLIC STAFF, RECOGNIZES THE HOME WAS CONSTRUCTED PRIOR TO THE CURRENT BUILDING SETBACK REGULATIONS, BUT THAT IT WILL BE NEARLY IMPOSSIBLE TO DESTRUCT THE DETACHED CAR REPORT WITHOUT IMPOSING INTO THE SIDE SETBACK, WHICH POSES AS A HARDSHIP FOR THE APPLICANT. 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 REQUESTED VARIANCE APPEARS TO ADHERE TO THE SPIRIT OF THE ORDINANCE AS A FENCE AND CARPORT PROVIDE FOR SAFE AND SUITABLE BUILDING CONDITIONS. ADDITIONALLY, THE APPLICANT IS ABIDE BY ALL OF THE BUILDING REQUIREMENTS. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF ANY USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT FOR WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE BY SUCH SHALL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE CHASE, THE FORMING PROPERTY OR THE ESSENTIAL CHARACTER OF THE DISTRICT. MOISTURE PROPERTY LOCATED UPON SITE VISITS AND RESEARCH CONDUCTED BY STAFF, IT DOES APPEAR THAT THEIR NEIGHBORHOOD HAS AN ESTABLISHED PRECEDENCE OF DEVIATED FENCE SITES, PROHIBITED FENCE MATERIALS, AND REDUCED SETBACKS. MANY OF THE HOMES ARE CONSTRUCTED PRIOR TO 2001, WHOSE DIFFERENT BUILDING REGULATIONS WERE ENFORCED, UH, WHERE DIFFERENT BUILDING REGULATIONS WERE ENFORCED. THE STRUCTURES IN THEIR CURRENT FORM AND LOCATIONS DO NOT POSE A RISK TO THE ADJACENT PROPERTY OWNERS, WHICH WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT SIX, THE PLAINTIFF, THE OWNER OF THE PROPERTY VIRTUE. THE VARIANCE SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL, ARE NOT DUE TO OR RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR SEVERANCE. THIS ODD IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE SMALL SIZE OF THE LOT. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION. SECOND, SECOND. SECOND. MR. MANNON SECOND HISTORIAN, WOULD YOU LIKE TO PROVIDE? WELL FIRST, COULD YOU, UM, INCLUDE THE CAPS? I DIDN'T HEAR THE CAPS ON THE, UH, THAT WAS GONNA BE MY FRAME AMENDMENT. SO YES, I, UH, IT, I, I I HEAR MY, UH, A MOTION TO INCLUDE CAPS ON THE CORRUGATED METAL ON EXPOSED EDGES. EXCELLENT, EXCELLENT. OKAY, MR. MANNA, WOULD YOU LIKE TO PROVIDE SOME COMMENTARY? OH, MR. ORIAN? OH YEAH. LET ME JUST SAY I'M GONNA BE IN SUPPORT OF MOTION AS READ. UH, IN THE BACK ALLEY IT APPEARS THAT THERE'S A WHOLE NUMBER OF PEOPLE WHO HAVE CORRUGATED METAL EVEN HIGHER THAN WHAT, UH, THIS APPLICANT IS REQUESTING. AND I WANTED TO PUT A, A, A LENGTH LIMIT ON THE CARPORT SO THAT IT WOULDN'T BE GETTING CAR BLANC APPROVAL TO EXTEND EVEN FURTHER DOWN THE SITE. PROPERTY LINE. I CONCUR WITH MY COLLEAGUE. ALRIGHT, UM, WOULD WE LIKE TO TAKE A ROLL CALL VOTE HERE. CHAIR ORIAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. BONILLA I CONCUR. MR. MANCHACA? I CONCUR. MR. DEAN. I DO NOT CONCUR. MS. CRUZ. I CONCUR. MR. VASQUEZ. I CONCUR. MS. HAYES? I CONCUR. MR. OZUNA? YES, I CONCUR WITH NINE IN FAVOR. ZERO. I MEAN ONE AGAINST, UH, THE MOTION PASSES. UM, PLEASE GET WITH STAFF. THANK YOU. NEXT CASE PLEASE. THANK YOU SO MUCH FOR MY SAFETY. ALRIGHT, BO 8 23 DASH 1 0 3 0 1 33, UH, LOCATED 99 360 6 SOUTHEAST LOOP FOUR 10. DISTRICT THREE APPLICANT B M B T W FOUR 10 L L C IN ZONE C TWO AND A NEXT SLIDE. SUBJECT PROPERTY IS LOCATED OFF OF SOUTHEAST ROUTE FOUR 10 NEAR THE INTERSECTION WITH SOUTHTON ROAD CONTAINS TWO LOTS, ONE BEING COMMERCIAL, THE ARE BEING RESIDENTIAL. UH, HOWEVER THIS WAS AMENDED BY THE APPLICANT. SO IT IS ONLY THE COMMERCIAL LOT BEING CONSIDERED NOT THE RESIDENTIAL. UH, RECENT APPROVAL OF THE VARIANCE ELIMINATED THE FRONT BUFFER [08:15:01] AND, AND REDUCED THE WEST BUFFER TO FIVE FEET. RECENT FRONT YARD FENCE REQUESTED. FRONT YARD FENCE IS MOSTLY EIGHT FEET, HOWEVER SMALL PORTION IS SIX FEET ON THE NORTHEAST PROP PORTION OF THE PROPERTY. FENCES ON COMMERCIAL BUT, AND RESIDENTIAL AND VICE VERSA. AND RESIDENTIAL ABUTTING. A STREET NOT CLASSIFIED AS LOCAL ARE PERMITTED. EIGHT FOOT FENCE BY RIGHT IN THE REAR INSIDE YARDS. SO, SO THIS IS THE, UH, PROPOSED, UM, STORAGE AND THIS SHOWS THE VARIANCES THAT ARE BEING, UM, REQUESTED. SO THERE IS THE EIGHT FOOT OPEN FENCE IN BLUE, THE EIGHT FOOT PRIVACY FENCE, UH, TO THE UH, WEST. AND THE SIX FOOT OPEN FENCE TO THE EAST IS NOT REQUIRED BECAUSE THAT'S ALREADY PERMITTED BY RIGHT SUBJECT PROPERTY. THE SURROUNDING AREA. STAFF RECOMMENDATIONS FOR FENCE HEIGHT. STAFFER RECOMMENDS APPROVAL FOR BO O A 2 3 1 0 3 0 0 1 33 BASED ON THE FOLLOWING FILE OF FACT, THE ADDITIONAL OFFENSE HEIGHT IS BEING REQUESTED ALONG SOUTHEAST LOOP FOUR 10. ADDITIONAL OFFENSE, I WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. WE RECEIVED ONE IN FAVOR, ZERO OPPOSED. AND VEHICLE CORONADO STATED THEY'RE NEUTRAL IN THIS CASE. AND THAT CONCLUDES STAFF'S PRESENTATION. THANK YOU. LET'S SEE, ORIAN, UH, MS. ORIAN? YEAH. A QUICK QUESTION IS, SO OUT OF THE THREE ITEMS THAT ARE ON THE AGENDA IS, IS NUMBER THREE NO LONGER TO BE INCLUDED? CORRECT. NUMBER THREE WILL NOT BE INCLUDED. THAT'S THE, THAT'S THE RESIDENTIAL WALK. OKAY. THANK YOU. THANK YOU. ANY OTHER QUESTIONS FOR STAFF? HEARING NONE, I'D ASK THE APPLICANT TO PLEASE COME FORWARD. THANK YOU, SIR. BOARD MEMBERS, MY NAME IS ROB CARIES, MY WIFE CAROL WILLIAMS. THANK YOU FOR HEARING US TODAY. UH, WE'RE TRYING TO, UM, BUILD A LITTLE MINI STORAGE UNIT AND WE WANT TO HAVE A LITTLE EXTENDED FENCE ON THE FRONT OF THE PROPERTY TO PRESENT A SECURE, UM, FACILITY TO THE PEOPLE. WE ALSO WANT A EIGHT FOOT PRIVACY FENCE ON THE WESTERN BORDER OF THE PROPERTY. THE, TO COVER FROM NORTH TO SOUTH OF THE BORDER, JUST TO GIVE THE NEIGHBOR, MR. ALLEN THERE A, A MORE PLEASANT APPEARANCE INSTEAD OF SEEING THE BUILDINGS AND STUFF. SO WE JUST WANNA MAKE SURE IT'S SECURE. AND OUR NEIGHBOR, MR. ALLEN, HE IS THE GENTLEMAN THAT RODE IN, IN SUPPORT OF THIS. SO WE HAVE SPOKEN TO HIM. HE, WE HAVE A VERY GOOD RELATIONSHIP WITH HIM. OKAY. AND AND YOUR NAME JUST FOR THE RECORD. RA WILLIAMS. GOTCHA. OKAY. ANDY, QUESTIONS FOR THE APPLICANT HERE, CRUZ. MS. CRUZ, I JUST GOT ONE. UM, THE, UM, THE PROPERTY BEHIND YOU IS BACON ALSO, SO THERE WOULD BE NO PROBLEM WITH YOU PUTTING UP AN A PUT FENCE, CORRECT? YES, MA'AM. NO, NO PROBLEMS AT ALL. OKAY. THAT'S WHAT I WANNA MAKE SURE. THANK YOU. THANK YOU MS. CRUZ. ANY QUESTIONS FOR THE APPLICANT STAFF? DO WE HAVE ANY, UH, BUDDY SIGNED UP FOR THE PUBLIC PO UH, PUBLIC COMMENT OR VOICEMAIL? NO PUBLIC COMMENT. ALRIGHT. WOULD YOU LIKE TO PROVIDE ANY CLOSING REMARKS BEFORE WE CLOSE THE PUBLIC PORTION OF THE, THAT THAT'S IT, SIR. THANK YOU. THANK YOU. ALRIGHT, DO I HAVE A MOTION HERE? ORIAN READ ANOTHER MR. ORIAN REGARDING CASE NUMBER REVIEW OA DASH 23 DASH 1 0 3 0 1 33. I MOVE AT THE BOARD OF ADJUSTMENT. GRANTED REQUEST FOR ONE, A THREE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT FENCE SITE TO ALLOW AN EIGHT FOOT PREDOMINANTLY OPEN FENCE IN THE FRONT PROPERTY LINE. AND TWO, A FIVE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT, UH, FENCE SIDE TO ALLOW AN EIGHT FOOT PRIVACY FENCE IN THE FRONT AND SIDE YARD, SITUATED AT 93 50 SOUTHEAST LOOP FOUR 10, APPLICANT BEING B T W M FOUR 10 L L C. BECAUSE THE TESTIMONY PRESENTED TO US IN THE FENCE THAT WE'VE DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT IT LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WILL RESULTED IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE UNITY STATES, THE BOARD OF ADJUSTMENTS CAN GRANTED A SPECIAL EXCEPTION FOR PEN SITE MODIFICATION. DEFENSE NOT BEING REQUESTED IS PREDOMINANTLY OPEN AND IS PRIVACY FENCE LOCATED ALONG THE FRONT YARD, AND IT DOES NOT EXCEED EIGHT FEET AND HEIGHT. IF GRANDES STAFF BINDS A REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE. B. THE PUBLIC WELFARE FOR CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THESE CRITERIA ARE REPRESENTED BY FENCE SITES TO PROTECT PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY. THE PROPOSED FENCE WILL BE REQUESTED, WILL BE LOCATED ALONG THE FRONT YARD AND IS EXCEEDING THE MAXIMUM HEIGHT REQUIRED BY ONE FOOT FOR THE PREDOMINANTLY OPEN FENCE AND FIVE FEET FOR THE PRIVACY FENCE. THE FENCE WILL SERVE AS A PUBLIC, WILL SERVE THE PUBLIC WELFARE AND CONVENIENCE. THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT AND ADJACENT PROPERTIES. [08:20:01] ADDITIONALLY, THE ADDITIONAL FENCE SITE WILL BE ALONG SOUTHEAST LOOP FOUR 10 AND ABUTTING AVAC VACANT COMMERCIAL LOT. THE, THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE ADDITIONAL FENCE SITE IN THE FRONT YARD OF THE SUBJECT PROPERTY DOES NOT APPEAR TO ALTER LOCATION FOR WHICH A SPECIAL EXCEPTION IS SOUGHT AS THE ABUTTING BAY ZONING DISTRICT IS RESIDENTIALLY ZONED NO ON THE HIGHWAY. ADDITIONALLY, THE PROPERTY IS ZONED FOR MORE INTENSE COMMERCIAL USES THAT WOULD BE BENEFICIAL TO ADD AN EIGHT FOOT FENCE. E THE SPECIAL EXCEPTION THAT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE IN ESTABLISHED FOR THE SPECIFIC DISTRICT. THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. END OF MOTION. DO I HAVE A SECOND? SECOND. SECOND. SECOND. MS. CRUZ. UH, MS. ORIAN, WOULD YOU LIKE TO PROVIDE SOME COMMENTARY? SURE. I, I REMEMBER THIS FROM BEFORE. IT'S MORE LIMITED THAN IN, IN THE PAST. AND, AND I THINK IT'S FINE FOR THE AREA. I, I WILL BE IN SUPPORT MS. CRUZ. UM, I CONCUR, UH, WITH THE CHAIR AND UH, I SEE NO PROBLEMS WITH IT WITH SO MANY OF THE LOTS BEING VACANT RIGHT NOW. THANK YOU. THANK YOU. CAN WE TAKE A ROLL CALL? VOTE PLEASE. CHAIR ORIAN. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. I CONCUR. MR. SPIELMAN? I CONCUR. MR. BONILLA PASS. COULD WE COME BACK TO MR. BONILLA? MR. MANCHACA? I CONCUR. MR. DEAN. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. HAYES. I CONCUR. MR. VASQUEZ. I CONCUR. MR. BONILLA. I CONCUR. MR. OONA? YES, I CONCUR. AND THAT'S 10 IN FAVOR. ZERO OPPOSITION. THE VARIANCE PASSES. THANK YOU. GOOD LUCK WITH THE PROJECT. THANK YOU VERY MUCH. THANK YOU. NEXT, NEXT CASE PLEASE. ITEM NUMBER 22 IS BO EIGHT DASH TWO THREE DASH 0 3 0 0 1 3 9. ADDRESS IS R 1 3 3 0 AND 1 3 3 2 MONTEZUMA IN CITY COUNCIL DISTRICT NUMBER FIVE, UM, APPLICANT BEING ARAGON BUILDERS. AND THE REQUEST IS FOR A FIVE FOOT VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE FIVE FEET FROM THE FRONT PROPERTY LINES. UH, TWO, A TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE THREE FEET FROM THE SIDE PROPERTY LINES. UH, THREE, A 10 FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW A STRUCTURE TO BE 10 FOOT 10 FEET FROM THE REAR PROPERTY LINE. UH, FOUR A 2,740 SQUARE FOOT VARIANCE, UH, TO ALLOW A LOT TO BE 1,260 SQUARE FEET AND FIVE A 14 FOOT VARIANCE FROM THE MINIMUM 35 FOOT LOT WIDTH REQUIREMENT TO ALLOW LOTS WITH BOTH 21 FEET AND WIDTH. AND THE CURRENT ZONING IS R FOUR. UH, THE SUBJECT PROPERTIES ARE LOCATED NEAR THE INTERSECTIONS OF GUADALUPE STREET AND SOUTH AZAR AND MORRIS STREET. THE APPLICANT IS SEEKING A VARIANCE TO DEVIATE FROM THE MINIMUM FRONT SIDE AND REAR SETBACK. LOT WIDTH AND LOT SIZE REQUIREMENTS THAT CONSTRUCT, UM, A SINGLE FAMILY DWELLING ON 1 3 3 0 AND 1 3 3 2 MONTEZUMA. UH, BOTH PROPERTIES PERCEIVED SEPARATE CODS FROM DEVELOPMENT SERVICES. AND THIS IS THE SITE PLAN. AND THIS IS A RENDERING OF THE PROPOSED DEVELOPMENT. AND THIS IS A PHOTO OF BOTH OF THE SUBJECT PROPERTIES. AND THIS IS AN ALTERNATE VIEW. AND THEN THE SURROUNDING AREAS. UH, STAFF RECOMMENDATION FOR THE FRONT SIDE REAR LOT SIZE AND LOT WIDTH VARIANCES. STAFF RECOMMENDS A DENIAL AND BO O A DASH TWO THREE DASH 1 0 3 0 1 3 9 BASED ON THE FOLLOWING. UH, ONE, THESE AS DISTANCES ARE NOT SUITABLE AS IT IMPOSES ON THE PUBLIC INTEREST OF THE ADJACENT NEIGHBOR. BY BEING TWO CLOSE TO THE SHARED PROPERTY LINE, WATER RUNOFF MAY IMPOSE AND RISK OF FIRE SPREAD IS GREATER, UH, TO THE INCREASEMENT OF DENSITY FOR THE ASSIGNED ZONING. DISTRICT CAN FRINGE ON SURROUNDING PROPERTY OWNERS BY THE LOT BEING SMALLER IN SIZE. AND THREE, THE APPLICANT CAN REZONE TO A ZONING DISTRICT THAT WOULD ALLEVIATE THE NEED FOR THE REQUESTED VARIANCES. AND THIS IS THE NOTIFICATION PLAN. UH, STAFF MAILED 48 NOTICES. ZERO RETURN IN FAVOR, ONE IN OPPOSITION. AND WE HAD NO RESPONSE FROM THE HISTORIC WEST SIDE NEIGHBORHOOD ASSOCIATION. AND THEN THIS IS THE ONE PUBLIC, UH, PUBLIC COMMENT WE HAD RECEIVED IN OPPOSITION. AND, UH, THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. LET'S SEE. ANY QUESTIONS FOR STAFF ORIAN? MR. ORIAN? WAS THIS RECENTLY, UH, UH, SUBDIVIDED BY DEED OR SOMETHING? IT'S FOR STAFF. GIMME ONE SECOND. SO [08:25:01] A C O D WAS NOT, UM, APPLIED FOR THIS ONE. HOWEVER, THERE HAS SOME APPROVED IN THE AREA. UM, SO IT'S TELLING ME IT HAS A GOOD CHANCE OF GETTING APPROVED. HOWEVER, UM, THEY ALSO NEED TO, THEY INITIALLY CAME TO US FOR THE VARIANCES. UH, FOR THE SETBACKS. SO WE JUST INCLUDED THE, UH, UH, SQUARE FOOTAGE ON THERE. IT JUST LOOKS LIKE THEY, THEY CUT IT IN HALF ON THEIR OWN. ALRIGHT, WELL LET'S MOVE ON. I'M, OKAY. ANY OTHER QUESTIONS FOR STAFF? HEARING NONE, LET ASK THE APPLICANT TO PLEASE COME FORWARD AND, UH, LET'S BEGIN THE PRESENTATION, SIR. GOOD EVENING. MY NAME'S ROGELIO DIP AND I'M HERE ON BEHALF OF ARONE BUILDERS FOR 1 3 3 0 AND 1 3 3 2 MONTEZUMA. AND TO ANSWER THE QUESTION ABOUT THE, UH, THE LOT, WE, WE FIRST CAME TO THE CITY TO UNDERSTAND EVERYTHING ABOUT THE LOT AND THAT'S WHERE WE FIGURED OUT THAT IT WAS 30 AND 32. I SAID, OKAY, SO IT'S TWO. I WAS ADVISED THAT BACK IN THE, BACK IN THE DAYS, THEY, THEY USED TO BE TWO AND THEY PURCHASED THEM BY TWO SO THEY COULD BUILD A PROPER HOME. SO, UM, I ASKED WHAT THE BEST OPTION WOULD BE TO BUILD. 'CAUSE WE HAVEN'T DONE ANYTHING. WE'RE JUST TRYING TO SEE WHAT THE BEST OPTION WOULD BE. UM, I WENT AND GOT A C O D. THEY SAID IT DOES QUALIFY FOR A C O D I CHECKED WITH, UH, ADDRESSING. THEY WERE, UH, GOOD TO GO. AND WHAT WE'RE TRYING TO DO IS A SMALL HOME. UM, IF YOU CHECK ON THE MAP ON 1323, THERE'S A LITTLE LOT ACROSS THE STREET THAT THE OWNER APPROACHED US ABOUT SELLING TO US. BUT IT'S SO SMALL THAT THERE'S NOTHING YOU CAN DO WITH IT UNLESS YOU DO A TINY HOME AND DO THIS KIND OF VARIANCES, YOU KNOW, FOR THE SETBACKS. SO AGAIN, WE'RE TRYING TO LOOK INTO WHAT THE BEST OPTION IS. WE WERE, YOU KNOW, WE WERE ADVISED THAT MAYBE GETTING THE VARIANCE WILL BE EASIER THAN TRY TO APPLY TO I D Z, WHICH IS, THEY SAID IT WAS AN OPTION, BUT IT MIGHT BE QUAKER TO DO IT THIS WAY AND THAT'S WHY WE'RE HERE TODAY. BUT IF YOU LOOK AT ON MONTEZUMA AT, ON 2023, YOU CAN SEE HOW THERE'S SEVERAL, SEVERAL LOTS ON THAT AREA. THEY'RE SO TINY AND THEY'VE BEEN BAKING BECAUSE THERE'S NOTHING YOU CAN DO WITH THOSE. UM, SO WE JUST TRYING TO COME UP WITH AN, YOU KNOW, MAYBE TO AN ANSWER TO TRY TO GET THOSE, THOSE, UH, LITTLE, LITTLE LOTS, YOU KNOW, TO SOMETHING THAT WE CAN BUILD AND MAYBE, YOU KNOW, JUST BRING THE, THE COMMUNITY BACK BECAUSE IT IS A ROUGH AREA AND THERE'S A LOT OF EMPTY LOTS THERE. SO AGAIN, WE HAVE NOT DONE ANYTHING MY ARCHITECT BROUGHT THAT BROUGHT TO US THAT OPTION. UH, IF IT'S EASIER TO, UH, REZONE, WE'RE OPEN TO IT. BUT WE WERE ADVISED THAT MAYBE, YOU KNOW, APPLYING FOR SOME FOR THOSE VARIANCES WILL BE EASIER. IF YOU HAVE ANY QUESTIONS, PLEASE LET ME KNOW YOU. ANY QUESTIONS FOR THE APPLICANT? CRUZ, MS. CRUZ? MY ONLY THING IS I'M LOOKING AT THE RENDERING, WHICH IS BEHIND OF WHAT THEY'RE SHOWING. SO YOU'RE, YOU'RE SAYING YOU'RE GONNA BUILD ONE HOME IN EACH PROPERTY, AND HOW BIG IS THE HOME GONNA BE? IS IT A TWO THREE BEDROOM? TWO BEDROOM, MA'AM? TWO BEDROOM. VERY SMALL. I MEAN, VERY, YOU KNOW, UM, ENOUGH FOR ONE CAR PARKED EXACTLY ONE. OKAY. AND SOMETHING WE ALSO CONSIDER IS TO THE LEFT OF THE PROPERTY. UM, THE PROPERTY OWNER SPANISH BACK IN, YOU KNOW, SPEAKING IN PERSON, HE, HE, SHE DIDN'T REALLY WANT TO COMMIT TO MAKE A LETTER. SHE'S OKAY. SHE'S OKAY WITH IT BECAUSE THERE'S A DRIVEWAY ADJACENT TO THE PROPERTY. OKAY. SO THERE'S NO HOME. AND THEN TO THE RIGHT SIDE OF THE PROPERTY, IT'S A CORNER LOT. SO THERE'S NOTHING THERE. RIGHT. THAT'S THE REASON WE, THAT'S WHY I WANNA MAKE SURE. MM-HMM. . ALL RIGHT. THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT? YEAH, MANNA. SO, SO IF YOU GO TO THE STREET VIEW, SO, SO I'M SHOWING THE CORNER LOT. SO THERE'S A TRUCK, SO, UH, OKAY. SO ACTUALLY GO IN FRONT OF THAT TRUCK THERE. SO IT LOOKS LIKE THERE'S STREET LOTS. UM, ESSENTIALLY, SO THERE'S A DRIVEWAY THERE, WHICH IS BASICALLY THE SIZE OF THE LOT THAT YOU'RE LOOKING TO DEVELOP. UM, AND THEN BECAUSE IT'S BASICALLY YOU'RE LOOKING TO DIVIDE THE ADJACENT LOT INTO TWO SLOTS, RIGHT? OR TWO LOTS? NO, THAT CORNER LOT IS ACTUALLY TWO LOTS. THAT'S WHAT I'M SAYING. YEAH. SO THIS IS A LOT HERE. AND THEN, AND THEN THE CORNER LOT IS TWO MORE LOTS. AND SO WE'RE TALKING ABOUT THREE LOTS HERE IN A ROW THAT ARE, THIS ARE THIS REDUCED SIZE HERE. AND SO, SO YOU KNOW, I GUESS PART OF THE DIALOGUE, IF I HEARD CORRECTLY WAS, YOU KNOW, GOING BACK AND REZONING THESE, YOU KNOW, TO, TO A CORRECT SIZE. 'CAUSE THAT'S A BUNCH OF LOTS BEING CHANGED, YOU KNOW, THAT ARE NOT COMPLIANT. IT WOULD SEEM SO, SO, SO ONE OF THE DIRECTIONS THAT THE CITY GAVE YOU WAS, WAS AN OPTION FOR REZONING. WE, WE LOOKED INTO I D C BECAUSE THERE'S A PROPERTY NEARBY THAT IS I D C, RIGHT? UH, THEY SAID, WELL, SOMETHING THAT WE MIGHT LOOK INTO FIRST IS, YOU KNOW, LOOKING AT BEARINGS, IF NOT, YOU KNOW, LOOK INTO I D C. OKAY, THANK [08:30:01] YOU. ORIAN. ORIAN, I JUST WANTED TO POINT OUT THAT THIS, THIS SITE WAS, WAS SUBDIVIDED AND PLATTED VOLUME 3 6 8, PAGE 1 5 8 19 15. IT, IT'S AN ANTIQUATED LOT ONE, ANTIQUATED LOT TWO. SO I, I, I DON'T SEE AN ISSUE WITH THE LOT SIZE VARIANCE. I JUST WANTED TO PUT THAT OUT THERE. THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT STAFF? DO WE HAVE ANYBODY, UH, SIGNED UP FOR, UH, EITHER VOICEMAIL OR PUBLIC COMMENT? NO PUBLIC COMMENT. OKAY, MS. CHAUM. MR. MINCHA, THIS IS JUST FOR INFORMATION. UH, YES SIR. IN MY BASIC MEASUREMENT, UH, THE, THE LOT THAT'S FACING MONTEZUMA, THE WIDTH IS, UH, 41 FEET, 42, CORRECT? YES, SIR. ACCORDING TO THE, TO THE SURVEY THAT WE DID, IT'S 42, IT, YOU'RE GONNA GET TWO CARS IN BETWEEN TWO DWELLING UNITS, UM, ACCORDING TO OUR, UM, UM, PLANS. YES SIR. AGAIN, YOU KNOW, IT'S JUST TO BE, YOU KNOW, AGAIN, WE'RE JUST TRYING TO SEE WHAT WE CAN DO WITH THOSE LOTS. UM, THAT JUST, THAT, THAT, THAT UH, AREA, THERE'S LIKE FOUR OR FIVE THAT'S SAME SIZE RIGHT THERE. AND, AND I'M NOT, YOU KNOW, BUT WE COULD RESOW AND JUST DO ONE PROPERTY AND THAT'S IT. BUT WE'RE LOOKING, YOU KNOW, NOT, NOT, I'M NOT SAYING THAT'S IT. WE CAN LOOK INTO ALL THE DIFFERENT OPTIONS, BUT WE SAID, WHY DON'T WE LOOK INTO THIS ROUTE AND SEE IF IT'S FEASIBLE. UH, I'VE JUST NEVER SEEN SOMEBODY DO MAGIC, BUT I GUESS YOU CAN DO IT. WELL SEE, THESE TINY HOMES ARE, THEY'RE ALL OVER THE PLACE NOW. TINY HOMES ARE BEING BUILT BY LENNAR, BY EITHER, YOU KNOW, BIG COMPANIES. AND BELIEVE IT OR NOT, THEY'RE SELLING BIG TIME FOR THIS PEOPLE, FOR PEOPLE THAT DON'T NOT WANT, THEY DON'T WANT TO CUT THE GRASS, THEY DON'T WANT TO HAVE ANY MAINTENANCE. AND THOSE TINY HOMES ARE SELLING REALLY BIG OR THEY'RE JUST GETTING VERY POPULAR. AND I THINK IF WE'RE ABLE, IF WE'RE ABLE TO BRING THAT TO THIS COMMUNITY, TO THIS AREA, IT'S GONNA HELP A LOT. IT'S A COMMUNITY AND IT'S AN AREA THAT NEEDS, NEEDS A LOT OF LOVE. IT NEEDS A LOT OF HELP. BIG TIME. YEAH. ALRIGHT, THANK YOU. I I I HAD ONE OTHER QUESTION. MR. YES, SIR. IF, UH, DO YOU, HOW, HOW FAR FROM THE STREET ON THAT WEST SIDE WOULD THE BUILDING BE? IT'LL BE 10 FEET. YES, CORRECT. 10 FEET. YEAH, BECAUSE IT'S, IT'S 60 FEET DEEP, SO IT'LL GIVE US ENOUGH SPACE TO ALSO LEAVE SOME GREEN AREA ON THE FRONT AND ENOUGH FOR PARKING. AND I, LIKE I WAS MENTIONING TO MS. CRUZ, IT'S GONNA BE SMALL HOUSES WITH IS TWO BEDROOM ON THE SECOND FLOOR, ON THE FIRST FLOOR, JUST ACCESS TO THE SECOND FLOOR, LITTLE KITCHEN AREA, LITTLE DINING AREA, AND THAT'S IT. YOU KNOW, IT'S NOTHING FANCY BUT SOMETHING HORRIBLE TO A SMALL, YOU KNOW, FAMILY. ALRIGHT, THANK YOU. ANY OTHER QUESTIONS? HEARING NONE, I'D ASK, UH, MEMBER OF THE BOARD TO PLEASE MAKE A MOTION CRUZ MS. CRUZ, REGARDING CASE NUMBER BO 8 2 3 103 0 0 1 3 9. I MOVE THAT THE BOARD OF ADJUSTMENT REQUEST, UH, GRANT TO REQUEST FOR A ONE A FIVE FOOT VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW STRUCTURE TO BE FIVE FEET FROM THE FRONT PROPERTY LINES. TWO, A TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE THREE FEET FROM THE SIDE PROPERTY LINES. THREE, A 10 FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW STRUCTURE TO BE 10 FEET FROM THE REAR PROPERTY LINE FOR A 2,740 SQUARE FOOT VARIANCE FROM THE MINIMUM 4,000 SQUARE FEET REQUIREMENT TO ALLOW A 1,260 SQUARE FOOT LOTS AND FIVE AND FIVE OF 14 FOOT VARIANCE FROM THE MINIMUM 35 FOOT LOT WITH REQUIREMENT TO ALLOW TO ALLOW LOTS WITH 21 FEET WIDTH SITUATED 1330 AND 1332 MONTE SUMMA. APPLICANT BEING NOT ONE BUILDERS BECAUSE OF TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED, EXCUSE ME, AS A GENERAL HEALTH, SAFETY AND WELFARE IN THE PUBLIC. IN THIS CASE, A PUBLIC INTEREST IS REPRESENTED BY RESTRICTED SETBACKS TO PROVIDE SPACING BETWEEN PROPERTY LINE AND S INSTRUCTIONS. AND BY MINIMUM LOT SIZES AND WIDTH TO PREVENT THE OVERPOWER CROWDING OF DEVELOPMENT INTO SMALLER LOTS. STAFF FINDS THE ANTICIPATED SETBACKS TO DISTANCES ARE SUITABLE AS IT DOES NOT IMPOSE ON THE PUBLIC INTEREST OF THE ADJACENT NEIGHBOR. BY BEING TOO CLOSE TO THE SHARED [08:35:01] PROPERTY LINE, WATER RUNOFF WILL NOT IMPOSE AND THE RISK OF FIRE SPREAD IS MEDIATED, EXCUSE ME. ADDITIONALLY, THE INCREASED INCREASEMENT OF DENSITY FOR THE ASSIGNED ZONING DISTRICT GOING NOW INFRINGE ON SURROUNDING PROPERTY OWNERS BY THE LOT BEING SMALLER IN SIZE TO DUE TO THE DUE TO SPECIAL CONDITIONS. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE REQUEST PROVIDES SPACING FOR THE FRONT SIDE AND REAR YARD MAINTENANCE WITHOUT TRESPASS ALLOWS FOR STORM WATER MITIGATION OR FIRE SPREAD MITIGATION. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT REZONING THE PROPERTY TO R ONE TO ALLOW FOR THE DEVELOPMENT ON THE SLOT. THIS WOULD RESULT IN UNNECESSARY HARDSHIP AS ALLOWED TO NON-CONFORMING. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCES DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. IN THIS CASE, THE ATTENTION IS FOR SUSPICION SPACING BETWEEN STRUCTURES, PROPERTY LINES, AND RIGHTS OF WAYS. THE STRUCTURE OBSERVE THE SPIRIT OF THE ORDINANCE OR INTENT OF THE CODE AS THEY WILL NOT BE TOO CLOSE TO THE SHARED PROPERTY LINE AND NEIGHBORING STRUCTURE. IF APPROVED, THE LOT WILL NOT MEET THE MINIMUM LOT SIZE. AND, AND WITH IN THE DESIGN ZONING, DISTRICT STAFF BINDS THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN ITS ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO OTHER NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH ITS 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 STRUCTURES WILL BE CONSTRUCTED AT THEIR ANTICIPATED DISTANCES, WHICH ARE NOT LIKELY TO INJURE THE APPROPRIATE USE. THE ADJACENT CONFORMING PROPERTY STAFF DOES NOT RECOGNIZE THAT THE HOMES IN THE IMMEDIATE AREA IMPEDE INTO THE SETBACK. MAINLY BECAUSE THEY WERE CONSTRUCTED PRIOR TO CURRENT SETBACK REQUIRE REGULATIONS. IT WILL BE TOO CLOSE TO NEIGHBORING STRUCTURES. ADDITIONALLY, STAFF FINDS THESE REQUESTS WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES AND ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS MAJORITY OF PROPERTIES IN THE IMMEDIATE VICINITY ARE NOT ABIDING BY THE MINI MINIMUM LOT SIZE REQUIREMENTS. SIX, APPLIED OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND NOT MERELY FINANCIAL AND ARE NOT DUE TO OR RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE. TWO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS THE SMALL SIZE OF LA LOTS, THE DISTANCES DO NOT, THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL AND A MOTION. SECOND. SECOND. WAS THAT MR. ORIAN? YES. OKAY, MS. CRUZ, UH, WOULD YOU LIKE TO PROVIDE SOME COMMENTARY? UM, I DON'T SEE TOO MUCH OF A PROBLEM WITH THIS, THAT YES, THE LOTS ARE SMALL AND OF COURSE THE PROPERTY HAS PROBABLY BEEN VACANT FOR A VERY LONG TIME, SO THAT PROBABLY IS PROBABLY ONE OF THE PROBLEMS. BUT, UH, I THINK THAT WOULD BE A GOOD SUGGESTION IN THIS AREA. THANK YOU MR. ORIAN. UH, I'M GONNA BE IN SUPPORT OF THIS AS WELL, UH, FOR A COUPLE REASONS. ONE, THERE'S NO, UH, UH, ESTABLISHED EASEMENT RUN THAT GOES ALONG MONTEZUMA OR ST. MURRAY OR SOUTH MURRAY STREET. SO THERE'S NO ISSUES WITH THE, WITH UTILITY SERVICE. SECONDLY, IT'S, IT IS PLATTED LOTS FROM 1915 WHEN THIS AREA WAS DEVELOPED. THAT'S JUST THE WAY THEY WERE VERY NARROW. UH, SO I'LL, I'LL BE IN SUPPORT DUE TO THOSE TWO REASONS. THANK YOU. ANY OTHER COMMENTARY? YEAH, I HAVE A LITTLE CONCERN THAT, YOU KNOW, I, I'M PROBABLY GONNA VOTE FOR THIS ONE, BUT, UH, IT SEEMS LIKE IT'S A MORE OF A ZONING PROBLEM THAN IT IS A BOARD OF ADJUSTMENT PROBLEM. MM-HMM. . THANK YOU. ALRIGHT, CAN WE TAKE A ROLL CALL? VOTE MS. MS. CRUZ. I CONCUR. CHAIR ORIAN. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. BONILLA? I CONCUR. MR. MACHACA? I CONCUR. MR. DEAN? I DO NOT CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. HAYES. [08:40:01] I DO NOT CONCUR. MR. VASQUEZ. I CONCUR. MR. UNA, I CONCUR. THAT'S, UH, 8 4 2 AGAINST, WE, UH, DO NOT HAVE A, UM, A MOTION UNLESS THE MAJORITY, THE MAJORITY WINNING SIDE WOULD LIKE TO RECONSIDER. IS THERE SOMETHING THAT THEY WOULD LIKE TO OPEN UP FOR RECONSIDERATION? AND IF I MAY ADD, UM, THERE ARE APPROVED CODS FOR THIS, SO IF THE PROBLEM IS THE LOT SIZE THAT COULD BE TAKEN AWAY, JUST TO THROW THAT OUT THERE. OKAY. IF THE PROBLEM IS WITH THE LOT SIZE, UH, STAFF IS MAKING SOME RECOMMENDATION HERE THAT, UH, THEY, THEY WOULD BE, UH, GRANDFATHER, I'M JUST STATING THAT THEY HAVE AN APPROVED, UH, C O D, UM, RECENTLY. UM, SO IF THAT'S THE ISSUE, UM, THEN THEY DO NOT NEED THE LOT SIZE VARIANCE. JUST F Y I ORIAN. AND THAT'S ITEMS FOUR AND FIVE REGARDING THE WIDTH AND THE SIZE, CORRECT? CORRECT. THANK YOU. SO THAT WOULD ONLY MAKE TWO OF THE VARIANCES THAT ARE REQUESTED. DOES THAT MAKE A DIFFERENCE TO THE PREVAILING PARTY? NO. MS. HAYES, WOULD YOU LIKE TO PROVIDE SOME DISCUSSION OF MS. HAYES OR IS OR IS NO. OKAY, WE'RE LOOKING FOR SOME FEEDBACK HERE. I GUESS SO MY BIGGEST CONCERN IS JUST THE, IT IS THE SPACING. SO ALTHOUGH THEY DO HAVE, YOU KNOW, LOOKING AT IT, MY THING IS SPACING THE SAFETY, UM, I UNDERSTAND THAT THEY CAN CONSIDER THE STRUCTURE, BUT THAT 10 FOOT VARIANCE VERSUS A 20 FOOT VARIANCE, UH, THAT IS MY BIGGEST CONCERN AS FAR AS THOSE TWO STRUCTURES BEING SITTING, SITTING THERE TOO CLOSE TO THE EDGE. OKAY. SO I AGREE. OKAY, SO TO PUT THIS OUT THERE, IF EITHER NUMBER THREE IS REDUCED TO A FIVE FOOT VARIANCE TO THE 20 FOOT REAR SETBACK THAT PUTS YOU OVER THE EDGE, SAY THAT AGAIN. IF, UH, ITEM THREE REGARDING THE 10 FOOT VARIANCE IS THAT WAS REDUCED TO A FIVE FOOT VARIANCE, IF THAT PUTS YOU OVER TO THE, PUTS YOU OVER THE EDGE. I'M NOT SURE IF YOU'RE HEARING HIM ANY BETTER THAN I'M, I I'M NOT IN FAVOR OF ANY VARIANCE, THAT'S WHY I VOTED NO. OKAY. SO, SO FOR COMMISSIONER HAYES, YOU HAD MENTIONED THAT YOU WERE NOT IN FAVOR SPECIFICALLY OF THE 10 FOOT FOR THE MINIMUM REAR. IF THAT VARIANCE WERE TO BE REDUCED TO A FIVE FOOT VARIANCE INSTEAD OF A 10 FOOT VARIANCE, WOULD THAT MAKE THIS ACCEPTABLE TO YOU? SO WHAT I'M LOOKING AT, SO WE HAVE THE 10 VERSUS THE 20, AND WHAT I'M LOOKING AT IS THAT PROBABLY IS THE FRONT AND THEN YOU HAVE THAT BIG TRUCK IN THE BACK, WHICH WOULD PROBABLY BE THE FIVE FOOT VARIANCE. THOSE ARE MY CONCERNS THERE. SO YOU CAN'T CHANGE WHO'S SITTING IN THE BACK, WHICH IS THE FIVE VERSUS TWO OR THREE OR WHATEVER THE CASE MAY BE. AND THEN THAT, UH, WHAT'S IN THE FRONT. SO THAT'S WHY I'M NOT CHANGING MY DECISION. IF I MAY ASK WHAT, WHAT TRUCK SHE'S REFERRING TO, BECAUSE THAT'S, THAT'S ON THE, THAT'S ON THE LOT ON THE NEIGHBOR'S. SO THAT LOT THAT'S RIGHT THERE. MM-HMM. ON THE FRONT. IF YOU COULD BRING THE, UM, THAT'S ON THE LEFT SIDE. IT WON'T BE ON THE BACK, MA'AM. THAT WILL BE, IF WE LOOK AT, YEAH, IF IF WE LOOK AT THE, THE, THE, THE PICTURE, THE RENDER, IF WE GO BACK, IT SHOULD, IT WILL BE ON THE LEFT SIDE THAT, THAT THAT TRUCK BELONGS TO THE NEIGHBOR TO THE LEFT, NOT THE PICTURE I'M REFERRING TO. OKAY. I'M SORRY. DIDN'T IT'S THE ACTUAL AERIAL KIND OF LIKE VIEW. OKAY. THERE'S A TRUCK SITTING THERE AND THEN THERE'S THE STREET VIEW. OKAY. I'M NOT, YOU PUT THE AREA, I'M NOT FAMILIAR IN WHAT THE PICTURE THAT YOU'RE LOOKING MA'AM. I'M SORRY. THE RESPONSE PUT THE GOOGLE AERIAL MAP ON YEAH. MAP. I THINK IT WAS THE GOOGLE MAP. THE GOOGLE, THE GOOGLE MAP MAP AND SHOWED THE THREE LOTS. NOW I POINTED OUT THERE EARLIER THAT THE ONE LOT, THAT ONE TRUCK IS PARKED IN THAT ONE LOT, THE WHITE TRUCK. SO YEAH. SO IF YOU GO YEAH, DROP, DROP ON THE STREET. THERE WE GO. THE WHITE TRUCK. THERE WE GO. YEAH. THAT BELONGS TO THE LEFT. YEAH, ON, ON THE LEFT SIDE PROPERTY. AND THAT'S, THAT'S WHAT I WAS SAYING, THAT IT'S THEIR DRIVEWAY AND WE'RE NOT CLOSE TO THEIR HOME. THAT'S WHAT THAT WAS. THAT'S, THAT'S WHAT I WAS BRINGING THAT UP. THAT WE NOT, WE'RE NOT CLOSE TO THEIR HOME IF WE BUILD CLOSE TO THE PROPERTY LINE. BUT I GET IT NOW THEN. I MEAN IT'S, THAT'S A PERSON WHO I TALKED TO WHO, WHO WAS, SHE WAS OKAY WITH, YOU KNOW, WITH US BUILDING BECAUSE THAT PROPERTY HAS BEEN VACANT FOR A LONG TIME. UM, BUT THAT'S ALL I CAN SAY AT THIS POINT. I'M SORRY. SO WHEN YOU SPOKE TO HER, UH, SHE WAS OKAY WITH THE WINDOWS THAT WERE FACING THAT WAY TOWARD HER PROPERTY MAYBE? YES. AND IF WE LOOK AT THE RENDERING, MOST OF THE PICK, MOST OF THE WINDOWS, WE'RE GONNA TRY TO PUT [08:45:01] 'EM ON THE INSIDE. THAT WAY WE CAN HAVE THE PROPERTY PRIVACY. AND WHAT, WHEN I SPOKE TO THE ARCHITECT IS THE VARIANCE BETWEEN ON ME ON THE LEFT SIDE, THERE'S A COUPLE OF THINGS THAT WE GOTTA DO. WE GOTTA DO CONCRETE SO WE DON'T HAVE, YOU KNOW, UM, UH, GRASS GROWING ON A VERY, YOU KNOW, SMALL AREA THAT IS HARD TO CUT. NOW, UH, WE SPOKE ABOUT PRIVACY FENCES, UH, ON THAT AREA. YOU THINK WE GOTTA STAY WITHIN, WITHIN FIVE FEET? WE'LL DO YOU KNOW, WE'LL DO WHAT, WHAT, WHAT NEEDS TO HAPPEN? RIGHT NOW IT'S JUST HAVE CHAIN LINKS. SO SHE, SHE SAID SINCE IT'S NOT, YOU'RE NOT LOOKING OVER MY PROPERTY, MY HOUSE, I'M OKAY WITH IT 'CAUSE I GOT THE DRIVEWAY. DOES THAT HELP COMMISSIONER? SO COMMISSIONER, COMMISSIONER HAYES. I, SO, SO ON THIS PICTURE HERE, THAT DRIVEWAY WITH THE TRUCK PARKED IN IT IS, UH, TO THE, UM, LEFT OF THESE TWO, UM, STRUCTURES HERE. AND SO IT'S IN THE NEXT LOT OVER IS IT'S, DID THAT MAKE SENSE THERE WHAT I JUST SAID? YEAH. SO THAT'S BASICALLY THE SAME RENDERING THERE AND THE TRUCK THERE IS IS TO THE LEFT OF THE DRIVEWAY IS TO THE LEFT OF THE, THESE TWO HOMES. I I HEAR YOU ALL BUT I'M NOT. SO ONE, ONE THING I'D LIKE TO, TO POINT OUT THERE'S, IS LEGAL STILL THERE? YES MA'AM. THERE ARE PEOPLE STILL IN THIS, IN THIS ROOM? YES. OKAY. SO ONE THING I'D LIKE TO POINT OUT IS THAT I'M, I'M GONNA PAUSE RIGHT THERE. A VOTE HAS BEEN CAST AND IT, IT IS BEEN CAST, IT'S DONE. SO I'M NOT SURE WHY WE CONTINUE TO GO BACK ON THE DISCUSSION 'CAUSE THE BOARD IS ALLOWED TO RECONSIDER IF THEY SO DESIRE, IF THE PREVAILING, THE PREVAILING SIDE WOULD RECONSIDER, THEN WE COULD RECONSIDER IT. AND THAT'S WHAT WE'RE ASKING. IS THERE ANYTHING THAT WE COULD PROVIDE FOR Y'ALL TO RECONSIDER? UM, AND IF IT'S, NO, WE'RE LOOKING FOR SOME, SOME, SOME MEETING GROUND HERE TO TRY TO GET THIS VARIANCE IN. SO I I HAVE A QUESTION FOR FIRST FOR THE ATTORNEY. SO IF THIS, NOW THAT THIS HAS BEEN FAILED, IF THE OWNER COMES BACK AND HE WANTS TO COMBINE THE TWO LOTS 'CAUSE HE CAN'T BUILD OVER THE LOT LINE, HE DOESN'T MEET THE, MEET THE MINIMUM SQUARE FOOTAGE. SO SINCE THERE'S NO DEVELOPMENT POSSIBLE WHATSOEVER, EVEN IF HE JUST PUTS ONE HOME WITHOUT GETTING B O A APPROVAL, IF HE WANTED TO PLATT IT AS ONE LOT, WOULD HE HAVE TO WAIT ANOTHER YEAR TO COME BACK TO US OR COULD HE DO IT IMMEDIATELY? IT IT PLATTING IT WOULD BE A SEPARATE ISSUE THAN, THAN UH, COMING BACK HERE. WELL, BUT IF HE BUT IT DOESN'T MEET 4,000, EVEN IF YOU COMBINE THE TWO LOTS, IT'S STILL NOT 4,000. WOULD THAT BE CONSIDERED A SEPARATE APPLICATION OR WOULD THERE STILL BE A YEAR ATTACHED TO IT? YEAH, IT'S A DIFFERENT, DIFFERENT VARIANCE. IT'S, IT WOULD BE SEPARATE. OKAY. I'M JUST CURIOUS. I'M JUST PUTTING THAT OUT THERE FOR THE LANDOWNER. 'CAUSE YOU KNOW THE, WHAT HAPPENS IS IF WE SET THIS HOMEOWNER LOOSE WITH LAND THAT WAS DEVELOPED IN THE CITY OF SAN ANTONIO A HUNDRED YEARS AGO AND HE HAS NO PATH TO DEVELOP, THAT'S NOT NECESSARILY IN THE BEST INTEREST OF THE PUBLIC EITHER. SO JUST PUTTING THAT OUT THERE. ALRIGHT, SO THAT, I GUESS THAT WITH A, UM, EIGHT IN FAVOR AND TWO AGAINST THE MOTION DOES NOT PASS. SO WE'RE GONNA HAVE TO GET WITH, UH, STAFF TO DETERMINE WHAT OUR PATH FORWARD WILL BE HERE, WHICH IS NO, NO OPTIONS FOR US THEN, THEN WE BACK TO NOT BEING ABLE TO BUILD ON THAT AND BEING, YOU KNOW, BUT ANYWAYS. OKAY. I UNDERSTAND. AND THE REASON, YOU KNOW, IF I, IF I MAY, MS. HAYES, THE REASON I WANTED TO BRING IT UP AGAIN AND ASK IS BECAUSE I ALSO BEEN HERE SINCE ONE O'CLOCK, SINCE 1:00 PM YOU KNOW, I WAITED AND WAITED JUST SO I COULD PRESENT MY CASE. SO I CHECKED EVERY SINGLE OPTION BEFORE WE BUILD OR BEFORE WE DO ANYTHING ON THIS PROPERTY TO DO THINGS RIGHT. SO IF, IF WE, YOU KNOW, IF THEY'RE ASKED, IF THERE'S A WAY TO RECONSIDER, YOU KNOW, THAT'S WHY MA'AM, YOU KNOW, IT'S, I PROMISE WE TRY TO DO THING, YOU KNOW, WHEN YOU TRY TO DO THINGS THE RIGHT WAY AND THERE'S NO OTHER PATH. THIS IS JUST ONE OF THOSE LOTS THAT, TO BE HONEST WITH YOU, I DON'T EVEN KNOW WHY WE BOUGHT THIS, BUT IT'S THERE ALREADY AND WE'RE JUST TRYING TO MAKE A SOLUTION OUT OF IT. SO, SO, SO SOLUTION YOU CAN GET WITH STAFF ONE, MR. CHAIR. YEAH, I THINK THE VOTE WAS CAST. SO YEAH, THERE, THERE ARE SOME, THERE ARE SOME OPTIONS WHETHER IT'S A REPL OR UM, CAN I GO TO 1 41 ZONING OR SO WE CAN HAVE SOME SOLUTIONS. I APPRECIATE IT GUYS. PLEASE, THANK YOU VERY MUCH. THANK YOU FOR YOUR TIME, SIR. ALRIGHT, LAST CASE PLEASE. THANK YOU. ALRIGHT, B O A 1 41, UH, LOCATED DISTRICT 1 9 45 WEST SUMMIT ZONE R SIX APPLICANT'S BEING, UH, MR. YARBOROUGH AND MR. SHECKLER LER. [08:50:01] UM, SUBJECT PROPERTY LOCATED NORTH OF DOWNTOWN BETWEEN IH 10 WEST AND BLANCO ROAD. AND THE BEACON HILL NEIGHBORHOOD IS CONSERVATION DISTRICT. THE APPLICANT IS REQUESTING AN EXEMPTION FOR AN EIGHT FOOT FENCE ALREADY BUILT THAT SEPARATES THE ACCESSORY DWELLING FROM THE REAR FROM THE REST OF THE REAR YARD. THERE IS AN ALLEY IN THE REAR, WHICH WOULD NORMALLY ALLOW AN EIGHT-FOOT FENCE IN THE REAR SIDE YARD. HOWEVER, THE BEACON HILL AREA NEIGHBOR, THOSE CONSERVATION DISTRICT DOES NOT PERMIT ANY FENCES IN THE REAR OR SIDE YARD OVER SIX FEET. NEXT SLIDE. SO THIS IS THE, UH, SITE PLAN AS YOU SEE, IT IS NOT TRADITIONALLY IN THE PROPERTY LINE, BUT IT'S JUST SEPARATING THE STRUCTURE THERE. THE FRONT OF THE HOME, THE, UH, REAR, AND THIS IS THE ALLEY AND SURROUNDING AREA. SO STAFF RECOMMENDS, UM, DENIAL AND B O A 23 DASH 1 0 3 1 41 BASED ON FILING FACTS. THE JUDICIAL OFFENSE HEIGHT GOES AGAINST THE ESTABLISHED NEIGHBORHOOD CONSERVATION DISTRICT STANDARDS AND WILL ALTERNATE THE ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. AND NO OTHER OFFENSES WERE OBSERVED. WE RECEIVED SIX, UM, SIX IN FAVOR, ZERO OPPOSED, AND A BIGGIE HELD NEIGHBORHOOD ASSOCIATION IS OPPOSED. UM, AND ONE IN FAVOR OUTSIDE OF 200 FEET. UH, YOU CAN GO BACK ONE SLIDE AND, UH, MAKE THE, UH, BEACON HILL, UH, RESPONSE A LITTLE BIT LARGER PLEASE IF YOU CAN. ALL RIGHT, UH, GONNA GO TO THE NEXT SLIDE PLEASE. AND THAT CONCLUDES STAFF'S UH, PRESENTATION. ALRIGHT, LET'S SEE IF WE HAVE ANY QUESTIONS FOR STAFF HEARING HONOR, I'D LIKE THE APPLICANT TO PLEASE COME FORWARD AND WE CAN BEGIN THE PRESENTATION HERE. OKAY, GOOD EVENING EVERYONE. UH, . SO MY NAME IS JAMEL YARBOROUGH. I RESIDE AT 9 45 WEST SUMMIT. I'M HERE WITH MY HUSBAND DAVID LANKER. AND, UH, WE'RE COMING BEFORE YOU TODAY TO REQUEST YOUR APPROVAL TO, UM, OF OUR TWO FOOT VARIANCE REQUEST FOR OUR FENCE. UH, WE HAVE A COUPLE REASONS WHY WE ARE REQUESTING THIS VARIANCE. UM, THE N C D CODE THAT'S, UH, IN QUESTION STATES THAT, UH, THE SIDE FENCING SHALL NOT EXCEED SIX FEET. UH, THAT FENCE, THE FENCE THAT WE'RE BUILT, THAT WE BUILT, AS YOU SAW, UH, STANDS WITHIN OUR PROPERTY LINE. SO IT'S NOT THE PERIMETER FENCE. SO THE SECTION OF THE FENCE THAT WOULD BE, UH, PUBLIC FACING WOULD BE, UH, IN THE ALLEY. UM, BY HAVING THE FENCE BUILT THE WAY THAT WE INTENDED, OR THAT WE HAVING THE FENCE BUILT, THE WAY THAT WE HAVE IT BUILT, UH, WE WOULD NOT BE ALTERING THE STREET, UH, FACING FENCE, THEREFORE NOT IMPEDING ON THE PUBLIC INTEREST AND REINFORCING. AND WE'RE ALSO, WE WOULD, WE WOULD ALSO BE REINFORCING SECURITY FOR OUR PROPERTY AS THE FENCE, UH, AGAIN, AGAINST THE ALLEY IS ONLY SIX FOOT AND PEOPLE ARE EASILY ABLE TO JUST UNLOCK THE, THE LATCH. UM, AND THEN ANOTHER REASON IS WHY WE HAVE NEIGHBORHOOD SUPPORT. SO WE SECURE SUPPORT FROM OUR IMMEDIATE ADJACENT NEIGHBORS ALONG WITH THOSE THAT ARE WITHIN THE 200, UH, WITHIN 200 FEET OF OUR PROPERTY. UH, AS YOU SAW, WE GOTTEN A FEW PE UH, SOME EMAILS. WE HAVE SNAIL MAIL. UH, I THINK THERE WAS MAYBE A PHONE, UM, MESSAGE THAT WAS LEFT AS WELL, UH, THAT HOPEFULLY WILL BE ABLE TO BE PLAYED. UM, ALL EVERYONE THAT'S ATTESTING THAT THIS WOULD NOT IMPEDE ON, UH, THEIR PROPERTY WOULD NOT VIOLATE PUBLIC INTEREST. UH, SO THAT IS, THOSE ARE JUST TWO REASONS. YEAH. AND GOOD EVENING EVERYONE. DAVID LANKER 9 45 WEST SUMMIT. UH, JUST TWO MORE REASONS WHY. UM, AS YOU CAN SEE IN THE IMAGES THAT ARE ON THE SCREEN, THERE ARE FOUR PROPERTIES ON OUR BLOCK THAT ARE WITHIN 200 YARDS THAT HAVE FENCES, THAT ARE WOOD, ALSO OVER EIGHT FEET. SO YOU CAN SCROLL THROUGH. THESE ARE ALL THIS ONE'S ACROSS THE STREET. THIS ONE IS TO OUR RIGHT, THIS ONE IS BEHIND US, AND THIS ONE IS TWO HOUSES DOWN. UM, THREE OUT OF THOSE FOUR WERE ALL BUILT WITHIN THIS PAST YEAR. SO PRI LIKE AFTER 2011, UM, OUR NEIGHBORS HAVE OVER SIX FOOT FENCES. THE AESTHETIC OF OUR FENCES NO DIFFERENT THAN THESE. UM, SO WE DON'T BELIEVE THAT THIS IS ANYTHING BEYOND THE PUBLIC INTEREST. UM, AND WE HOPE THAT THIS IS ONE REASON APPROVED. AND MY SECOND REASON IS WHY. AND OUR FINAL THING I WANNA JUST MENTION IS THAT, YOU KNOW, WE ARE NOT DEVELOPERS, WE ARE EDUCATORS. WE BOTH WORK FOR PUBLIC SCHOOLS. UM, ONE OF THE REASONS IN THE BEACON HILL LETTER, UM, AND WHEN I GOT TO TALK TO THE PRESIDENT [08:55:01] ON THE PHONE, SHE SAID, YOU CAN ALWAYS PUSH THE DATE OFF. BUT WE HAD ALREADY BOTH ASKED FOR TIME OFF AND PUT IN OUR TIME OFF FOR TODAY. UM, YOU KNOW, YOU MAY HAVE SEEN ME GOING OUT IN AND OUT. UM, I WAS ON THE PHONE HELPING WITH SUMMER SCHOOL. UM, WE ARE, YOU KNOW, WE ARE NOT DEVELOPERS. THAT IS ONE OF THE THINGS THAT THEY SAID THAT THEY WERE NERVOUS ABOUT IN THE NEIGHBORHOOD. THAT IS NOT US. THAT IS NOT THIS CASE. UM, WE CARE ABOUT OUR NEIGHBORHOOD. AS YOU CAN SEE, OUR NEIGHBORHOOD CARESS ABOUT US AS IT IS UNANIMOUS SUPPORT FROM ALMOST EVERYONE WITHIN 200 FEET. UM, AND WE REALLY DO HOPE THAT YOU CAN APPROVE OUR REQUEST FOR TODAY. I REALLY APPRECIATE Y'ALL. THANK, THANK YOU. THANK YOU FOR YOUR TIME. UM, LET'S SEE, UH, STEPH, DO WE HAVE ANYBODY, UH, SIGNED UP TO SPEAK OR THREE VOICEMAILS? VOICEMAILS? YEAH. HI, MY NAME IS ALYSSA SHAW AND I LIVE AT 9 4 1 WEST SUMMIT SAN ANTONIO. UM, I ALSO REACHABLE AT THE PHONE NUMBER (724) 816-8197. AND I'M CALLING IN REGARDS TO THE CASE NUMBER WITH LAST THREE DIGITS. 1, 4, 1. UM, I'M CALLING ABOUT THE, UH, EXCEPTION TO THE FENCE SITE. THE DESIRE FOR THE FOLKS AT 9 4 5 WEST SUMMIT TWO BUILD A FENCE THAT IS EIGHT FEET INSTEAD OF SIX FEET. UM, I AM THEIR NEXT DOOR NEIGHBOR, UM, AND THE POSITION IS A LOT, CORNER LOT AND THE LOCATION OF THE FENCE MEAN THAT I'M ALSO THE ONLY NEIGHBOR WHOSE HOUSE WILL FACE THE NEW FENCE. UH, FOR LITTLE CONTACT, ONE SIDE OF THE FENCE WILL FACE THE ALLEY. ONE SIDE WILL FACE THE BACK OF THE HOUSE AT 9 4 5, AND ONE SIDE WILL FACE OUR HOUSE AT 9 4 1. UH, I'M FULLY IN SUPPORT OF THE PROPOSED NEW FENCE SITE. THE EIGHT FOOT FENCE IS A VERY REASONABLE REQUEST AND WILL AFFORD OUR NEIGHBORS MORE PRIVACY THAN A SIX FOOT FENCE WOULD, ESPECIALLY FOR THEIR GUEST HOUSE. THIS NEW FENCE WILL ALSO ALLOW US AT 9 4 1 TO CONTINUE TO ENJOY, CONTINUE TO ENJOY OUR OWN PRIVACY AS WE HANG OUT AND ENTERTAIN IN OUR BACKYARD. SO WE APPRECIATE THAT ASPECT. UH, IN TERMS OF THE IMPACT FOR THE NEIGHBORHOOD AND THE COMMUNITY AS A WHOLE, I CAN'T THINK OF ANY ISSUES OR HARM THAT WOULD BE CAUSED BY THE CREATION OF THIS NEW FENCE. WE'RE THE ONLY NEIGHBORS WHOSE HOUSE WOULD FACE THE NEW FENCE AND THE NEW FENCE WOULD BARELY BE VISIBLE FROM THE SIDEWALK SOUTHERN NEIGHBORHOOD OR COMMUNITY MEMBERS WHO WALKED BY THE HOUSE. THANKS SO MUCH. THIS IS KATIE HAM FROM NINE THREE SIX WEST SUMMIT AVENUE. MY PHONE NUMBER IS (713) 492-6545. I'M CALLING IN REGARDS TO CASE NUMBER THAT ENDS IN 1 4 1 FOR 9 4 5 WEST SUMMIT AVENUE. UM, I AM FULLY IN SUPPORT OF THE FENCE THAT WANTS, THEY WANT TO CONSTRUCT ON THAT PROPERTY. IT FAXED UP TO AN ALLEYWAY THAT'S USED FOR TRASH COLLECTION AND THEN THE REST OF IT'S IN TERMS FOR THEIR SITE. I DON'T SEE ANY REASON WHY OUR NEIGHBORHOOD CAN'T SUPPORT THIS. UM, I FULLY BACK IT, SO DOES MY HUSBAND AND, UM, WE HOPE THAT THE CITY WILL APPROVE THIS. THANK YOU. REGARDING BO O A DASH 23 DASH 0 3 0 0 1 41 AT 9 4 5 WEST SUMMIT. THIS IS DANIEL HUBING, CHAIR OF THE BEACON HILL ZONING AND URBAN DESIGN COMMITTEE. I RESIDE AT TEN TWENTY FIVE WEST. WE, MY PHONE NUMBER IS (210) 287-9025. DEAR BOARD OF ADJUSTMENT MEMBERS, THE OWNER OF THE PROPERTY AT 9 4 5 WEST SUMMIT HAS NOT MET WITH THE ZONING AND URBAN DESIGN COMMITTEE Z, BUT DID REACH OUT TO A MEMBER ON JUNE 21ST. WE EXPLAINED THE PROCESS. USUALLY THE APPLICANT PRESENTS TO THE NEIGHBORHOOD ASSOCIATION AT WHICH TIME THE Z COMMITTEE MAKES RECOMMENDATION, THEN A DISCUSSION OCCURS AND A VOTE IS TAKEN, WHICH WE REPRESENT TO THE BOARD. IF THIS PROCESS DOES NOT TAKE PLACE, OUR DEFAULT RECOMMENDATION IS TO UPHOLD THE NCD FIVE STANDARDS. WE MAKE RECOMMENDATIONS ON VARIANCES BASED ON THE IDEA THAT THERE IS A CONCRETE AND VERIFIABLE SAFETY ISSUE OR AN UNAVOIDABLE HARDSHIP THAT DOES NOT CREATE A PRECEDENCE OR HARDSHIP FOR THE NEIGHBORS. UNFORTUNATELY, THE VARIANCE FOR AN FENCE TO CREATE PRIVACY FROM AN A D U TREATED AS A TYPE ONE SS D R THAT WAS JUST BUILT DOES NOT MEET THE CRITERIA. OUR NEIGHBORHOOD ASSOCIATION MEETS AGAIN ON AUGUST 14TH. IF THE APPLICANT WOULD LIKE TO REPRESENT TO THE COMMUNITY FOR A VOTE, WE RECOMMEND A CONTINUANCE UNTIL AFTER THAT DATE. PLEASE HELP US PROTECT THESE GRASSROOTS DESIGN STANDARDS CREATED BY THE APPLICANT'S NEIGHBORS TO PROTECT THE UNIQUE CHARACTER OF OUR COMMUNITY. WE REP REQUEST THAT YOU EITHER DENY THIS REQUEST OR GRANT OR CONTINUANCE RESPECTFULLY, DANIEL HUBING CHAIR ZONING AND URBAN DESIGN COMMITTEE, BEACON HILL AREA NEIGHBORHOOD ASSOCIATION. DOES THAT THE EXTENT THAT'S ALL THE PUBLIC COMMENT. THANK YOU. OKAY. UM, ANY STAFF OR STAFF BOARD MEMBERS? DO YOU HAVE ANY OTHER QUESTIONS OR, UH, ORIAN STORY? YEAH, SO ON THE, ON ON THE STREET VIEW MAP, IT SHOWS THAT THE GUEST HOME WAS A PARENT TWO CAR GARAGE. UH, THAT IS, IS IS THERE EVEN A CONVERTED FROM A FREESTANDING GARAGE STRUCTURE TO [09:00:01] A UH MM-HMM. , E D D U MM-HMM. , WHAT'S THE QUESTION? HE WAS ASKING IF THE, THE TWO GUARD GARAGE WAS TRANSFORMED INTO A E D D, UH, AN A D D U A DWELLING UNIT? YES, WE HAVE PERMITS. UH, WE'VE, WE'VE CONVERTED IT FROM THE TWO CAR, THE TWO CAR GARAGE TO AN A A A D U. AND, AND WITH THE REMOVAL OF THAT PARKING, IS THAT, UH, IS THIS PLACE COMPLIANT FOR PARKING? MM-HMM. BECAUSE WITHOUT THOSE PARKING SPACES AND YOU ONLY LOOK LIKE YOU GOT ONE SPACE ON YOUR LOT LINE, DON'T YOU NEED TO HAVE AT LEAST TWO SPACES? MM-HMM. , I CAN SPEAK TO THIS. YEAH. SO, UM, WE HAVE BEEN FULLY IN COMPLIANCE WITH THE KIND OF TRANSFORMATION INTO AN A D U. AND SO EVERY ONE OF OUR ENGINEERING REPORTS HAS REPORTED THAT IT IS OKAY WITH THE PARKING. UM, WE HAVE NOT PUT IN ANY FURTHER REQUESTS BECAUSE AFTER CALLING THE CITY, THEY SAID WE HAVE TO FINISH THAT CONSTRUCTION OF THIS. AND WE'VE KIND OF BEEN GOING STEP BY STEP WITH THE PERMIT PROCESS. UM, AND ONCE WE ARE FINISHED WITH THAT CONSTRUCTION, WE WILL BE PUTTING IN, UM, FOR THAT A D U WE'RE JUST FOLLOWING THE PROCESS FOR IT. SO FOR STAFF IS ONE PARKING SPACE ADEQUATE FOR A, FOR A HOME AND THEN A ACCESSORY DWELLING UNIT? THE SITE PLANS INDICATES IT'S A 650 SQUARE FOOT GUEST HOME. SO IT'S NOT ABOVE 800 SQUARE FEET, SO THEY DON'T NEED THE ADDITIONAL PARKING. OKAY. I JUST WANTED TO MAKE SURE. THANK YOU SIR. UH, AND THEN THE, THE, UH, CAN YOU PLEASE TALK ABOUT WHY THE FENCE IS SEPARATED FROM THE NEIGHBOR'S FENCE? LIKE IS THERE A PURPOSE FOR THAT THEN PATHWAY THERE? THE LITTLE ALLEYWAY, LIKE THIS LITTLE ? YEAH, SO THAT LITTLE PATHWAY IS FOR US TO BE ABLE TO, TO ACCESS THE, UH, THE ALLEY. SO THAT'S WHY THAT FENCE IS THERE. OH, SO FOR YOUR TO PUT OUT YOUR GARBAGE AND RECYCLE? YEAH, WE, IT'S AN ACTIVE ALLEY. MM-HMM. KIND OF LIKE IT WAS MENTIONED WITH THE PREVIOUS, UH, LADY, UH, SHE NEEDED ACCESS TO THE ALLEYWAY, SO WE WANNA MAKE SURE TO KEEP THAT OPEN. YEAH, IT, IT JUST LOOKS LIKE YOU'RE PARTITIONING THIS, THIS THING OFF WITH AN EIGHT FOOT FENCE. MM-HMM. , JUST CURIOUS. YEAH, I THINK ONE OF THE OTHER THINGS WAS A CONSIDERATION OF OUR, OF OUR NEXT DOOR NEIGHBORS. AS YOU HEARD ON THE VOICEMAIL, THEY LIVE IN THIS HOUSE RIGHT HERE, GIVING THEM SPACE. SO THAT WASN'T FULLY UP TO THEIR, UH, THEIR OWN FENCE. OKAY. OKAY. WELL, AND THE PORCH IS NOT TO BE COVERED, RIGHT? THE PORCH AND THE LOOKING RIGHT HERE. SIR, SIR, I THE GUESS HOME. NO, NO, NO. NO'S. IT'S NOT TO BE COVERED AT ALL. NO. OKAY. SO, OKAY. THANK YOU. YES, SIR. THANK YOU MR. ORIAN. ANY OTHER QUESTIONS FOR THE ANNA, MR. MACHA? SO, UM, ONE OF THE, THE NEIGHBORHOOD ASSOCIATION TALKED ABOUT, UH, POTENTIALLY, UH, COMING AND ATTENDING THE MEETING ON AUGUST 14TH. AND I GUESS THE QUESTION BE, UM, YOU KNOW, IS WHAT WOULD BE THE HARM FOR WAITING RIGHT NOW FOR THEM, YOU KNOW, FOR YOU TO HAVE THAT DIALOGUE AND TO COME BACK AND SAY, HERE'S WHAT, YOU KNOW, HERE'S WHAT TRANSPIRED IN THAT CONVERSATION. I, I, I'D BE MORE THAN HAPPY TO SPEAK TO THIS. SO IT'S PURELY ABOUT TIME OFF. UM, AS EDUCATORS, WE ONLY GET A CERTAIN AMOUNT OF TIME. WE BOTH ARE 12 MONTH EMPLOYEES, SO WE ONLY GET A FEW DAYS. WE ALREADY HAD PUT IN THE TIME OFF FOR THAT DAY. I DID HAVE A PHONE CALL WITH THE PRESIDENT. IT WAS REALLY, REALLY WONDERFUL CONVERSATION. THIS IS OUR FIRST TIME, SIMILAR TO THE FIRST GENTLEMAN WHO HAD THE FENCE APPROVED FIRST TIME GOING THROUGH THIS PROCESS. AND IT WAS REALLY NICE TO CONNECT WITH HER AND, AND UNDERSTAND. BUT UNFORTUNATELY WITH OUR BOSSES, WE, WE WERE NOT ABLE TO, ESPECIALLY WITH OUR SUMMER SCHOOL SCHEDULES THAT WE HAVE. UM, IT'S A LITTLE TIGHT IN SCHOOLS RIGHT NOW, SO, BUT, BUT AUGUST 14TH, SO THAT DATE YOU ARE NOT ABLE TO, THEY'RE, THEY'RE MEANING THEY STATED WAS AUGUST 14TH, SO NO. SO SCHOOL IS, FIRST DAY OF SCHOOL IS AUGUST 16TH FOR OUR SCHOOL DISTRICT. SO TWO DAYS BEFORE THE START OF SCHOOL, WE KNOW IT'S A, IT'S CRITICAL , I'M SORRY, BUT IF IT WASN'T CONFIRMED, LIKE VERY EXCITED AND OPEN TO CONTINUE THE WORKING WITH THE DISTRICT AND ALSO WORKING ALONGSIDE OUR NEIGHBORS AS SEEN BY THE SUPPORT THAT WE HAVE ALWAYS IN SUPPORT OF IT. OKAY. DID WE SAY MR. MACHACA? YEAH, THAT WAS, THAT WOULD, THAT WOULD'VE BEEN MY QUESTION BECAUSE, UH, THIS TOP OF FENCE IS REALLY UNIQUE. I'VE NEVER SEEN WHAT INVEST SO MUCH WOOD IN IT. MUST HAVE TAKEN A THOUSAND TREES, , BUT UH, AND THEN THE HEIGHT AT EIGHT FOOT FOR THAT, YOU KNOW, I I COMMEND YOU THE WORK YOU PUT INTO IT, SO IT WOULD ATTRACT ATTENTION AND SAY, HEY, WHO DOESN'T LIKE IT? LIKE IT, SO JUST IN AGREEMENT WITH MY COLLEAGUE HERE ASKING YOUR NEIGHBOR. THANK YOU. THAT'S ALL. YEAH. AND ONE OF THE THINGS JUST THE, THE MAKE EVERYONE IN THE NEIGHBORHOOD HAS BEEN SAYING HOW NICE IT LOOKS AND HOW WELL MADE IT IS AND IT'S UPKEPT MR. SPILL. YEAH. I, I ACTUALLY LIVE IN THE NEIGHBORHOOD AND UH, I'VE HAD A LOT OF PEOPLE, YOU KNOW, UH, WHO THINK IT REALLY LOOKS WAY TOO TALL. MM-HMM. IS AN APPROPRIATE, AND I REALLY THINK YOU NEED TO TALK TO THE NEIGHBORHOOD ASSOCIATION AND GET SOME FEEDBACK FROM PEOPLE WHO, YOU KNOW, AREN'T IN AGREEMENT WITH YOU. THE N C D THERE HAS BEEN IN EFFECT FOR QUITE SOME TIME, AND WHILE THERE ARE A COUPLE OF EXCEPTIONS, SOME OF THE ONES YOU'RE POINTING OUT ARE ONES THAT HAVE ALREADY BEEN [09:05:01] FLAGGED AND, AND, YOU KNOW, ARE, ARE NOT APPROVED BY THE NEIGHBORHOOD. THEY WERE, YOU KNOW, LIKE DENIED THE, THE FENCE HEIGHT. AND, UH, I, I JUST DON'T UNDERSTAND WHY YOU NEED AN EIGHT FOOT FENCE THAT, YOU KNOW, LIKE SOMETIMES IF THERE, YOU KNOW, IF A LOT'S, YOU KNOW, SLOPING YOU NEED AN EIGHT FOOT FENCE SO THE NEIGHBOR CAN'T SEE IN, UH, YOU'RE NOT IN A HIGH CRIME AREA. LIKE, YOU KNOW, SOME OF THE PROPERTIES WE'VE BEEN TO MM-HMM. . YEAH. IT'S A PRETTY SAFE NEIGHBORHOOD. YEAH. I LIKE LIVING THERE AND US TOO. I HAVEN'T REALLY, YOU KNOW, I'M, I'M ON CORNER WHERE, YOU KNOW, IF THERE'S GONNA BE CRIME, THEY'RE GONNA GET ME FIRST WAY BEFORE YOU GUYS AND, AND RIGHT. YOU KNOW, I DON'T HAVE AN EIGHT FOOT FENCE THAT WOULD YEAH. NEED TO BE INSIDE LIKE THAT. SO YEAH. I REALLY THINK YOU HAD TO, YOU KNOW, AT LEAST PRESENT IT SO THAT, UH, YOU KNOW, TO BE HONEST, I DON'T, I DON'T UNDERSTAND WHY YOU WOULD PUT AN EIGHT FOOT FENCE INSIDE THE WAY YOU DID. I MEAN, I, I'VE GONE BY THERE AND LOOKED AT IT. I, YOU KNOW, YOU GUYS SEEM WELCOME TO THE NEIGHBORHOOD. THANK YOU. UH, I DON'T, I DON'T HAVE ANY REAL OBJECTIONS TO AN EIGHT FOOT FENCE THERE, BUT IT LOOKS UNUSUAL. IT LOOKS A LITTLE OUTTA PLACE AND I THINK YOU REALLY WOULD BENEFIT FROM GETTING THE NEIGHBORHOOD BEHIND YOU. YEAH. AND, AND THAT'S THE REASON THANK YOU SO MUCH FOR SHARING THAT. UH, THAT'S ONE OF THE REASONS WHY WE, YOU KNOW, REACHED OUT TO OUR NEIGHBORS TO GET THEIR SUPPORT AND I REALIZED THE NEIGHBORS, THE NEIGHBORHOOD ASSOCIATION DOES NOT NECESSARILY, UM, AGREE WITH OUR DECISION, BUT WE DID GARNER SUPPORT FROM OUR IMMEDIATE NEIGHBORS WHO ARE ALSO A PART OF THE NEIGHBORHOOD AND ALSO SAYS THAT THE FENCE IS ACTUALLY REALLY NICE. IT ADDS VALUE TO THE NEIGHBORHOOD AND IT DOESN'T LOOK ODD. SO I CAN, I TRULY DO APPRECIATE WHAT YOU SAID, BUT, UM, AT THE SAME TIME, I, YOU KNOW, I WOULD ARGUE TO SAY THAT MEMBERS OF OUR NEIGHBORHOOD ALSO, UM, STATED THAT THEY ARE IN SUPPORT OF OUR FENCE AS WELL. YEAH. AND THE ONLY OTHER THING, AND I APPRECIATE THAT TOO, SIR, AND ALSO LIKE GOOD TO BE IN THE SAME NEIGHBORHOOD AS WELL. UM, I THINK THE OTHER THING TO NOTE IS JUST WITH THE PHOTOS, IF YOU GO BACK AND SHARE JUST THE, THE THREE OTHER EIGHT FOOT FENCES THAT ARE ALL VISIBLE TO THE STREET IN OUR ONE BLOCK AREA, ALL THE SAME COLOR, ALL THE SAME HEIGHT, ALL ON OUR BLOCK, ALL BUILT WITHIN THE LAST YEAR EXCEPT FOR ONE. IT'S JUST A CONFUSING MESSAGE HOW OURS WAS PICKED OUT. THAT'S ONLY MR. MINUTES. I, I, I'D LIKE TO MAKE A MOTION THAT, UH, YOU KNOW, WE, UH, ALLOW THESE PEOPLE TIME TO GET TOGETHER WITH THE NEIGHBORHOOD ASSOCIATION. THAT'S WHAT I WAS GONNA, I WAS GONNA TAKE A POLL. COMFORTABLE. I I, THEY, THEY MAY BE REALLY IN AGREEMENT WITH EVERYTHING YOU DO, BUT, UH, I'M UNCOMFORTABLE RIGHT NOW WITHOUT KNOWING THAT YOU'VE PRESENTED OR, OR, OR GONE THROUGH THE REGULAR PROCESS YEAH. WITH THE NEIGHBORHOOD ASSOCIATION THAT, YOU KNOW, REALLY IS IS THE, THE, YOU KNOW, DEFINING THING FOR, FOR ORIAN. YEAH. MR. ORIAN. YEAH. SO FOR THE APPLICANT, IS THERE A DATE JULY 10TH OR JULY 24TH IF WE DO A CONTINUANCE, UH, THAT WOULD BE PREFERABLE TO Y'ALL. WELL, THE MEETING'S NOT UNTIL THE AUGUST, RIGHT? YES. THEIR MEETING IS IN AUGUST. SO AUGUST 14TH IS FOR THE NEXT, NO, SO AUGUST 21ST WOULD'VE TO BE THE DATE. THAT'S OUR, THAT'S OUR MEETING IN AUGUST AFTER THE 14TH. AND, AND AS A NOTE, SO ONE OF THE THINGS THAT, YOU KNOW, WITH A CONTINUANCE, THOSE CASES ARE MOVED TO THE FRONT OF THE AGENDA AND SO, SO YOU'D BE ONE OF THE FIRST ONES HEARD, YOU KNOW? OKAY. GENERALLY, YOU KNOW, THAT'S THE WAY IT WORKS OUT. SO, 'CAUSE YOU KNOW, WE'VE RECOGNIZING THAT YOU'VE BEEN HERE ALL DAY AND SO IT'S LIKE, OKAY, WE DON'T WANNA TORTURE YOU TWICE. I DON'T, I DON'T WANT, SO IF IT'S DENIED HERE, I MEAN IT LOOKS LIKE WE'RE NOT GONNA GET THE NINE VOTES JUST BASED ON, YOU KNOW, THE INPUT FROM THE BOARD HERE. AND I'D RATHER GIVE YOU A LIFELINE TO GET CONTINUOUS. YEAH, WE'RE OPEN, WE'RE OPEN TO ATTENDING ANOTHER MEETING. YEAH. YEAH. THE CONTINUOUS IS FINE. WE'LL, WE'LL, WE'LL MAKE IT WORK, YOU KNOW. YEP. WELL I MOVE TO CONTINUE THIS CASE TO AUGUST 24TH. WAIT A SECOND. I SECOND 21ST OF THE CITY. WE HAVE A QUESTION FOR CITY STAFF. GO AHEAD. SO THE WAY THAT THAT FENCE WAS BUILT AROUND THAT A D U SO CLOSE TO ALL THE WALLS, IS THERE ANY SAFETY ISSUES WITH THAT? SO CLOSE TO THE WALLS? UH, CAN YOU EXPLAIN THAT? I'M SORRY. IT'S FOR GO BACK TO THAT PICTURE. OH YEAH. SO THAT'S, AND THEN THERE'S A FENCE BEHIND THAT TOO, RIGHT? NO, THERE'S THE, THE A D U IS JUST ON THE ALLEYWAY. IT'S OPEN, IT'S OPEN WITH THE TWO, WITH THE TWO PARK GARAGE, RIGHT? MM-HMM. . EXACTLY. OKAY. SO, OKAY, SO THAT'S CLOSE. OKAY. I'M SORRY. I THOUGHT THERE WAS A BACK ANSWER GUYS. I THOUGHT IT WAS ALL IN WITH THAT, BUT I FORGOT. YOU DO HAVE THAT. DO WE, DO WE TAKE A ROLL CALL OR WE CAN DO, UH, VOICE? YOU CAN DO AVO VOICE VOTE, CALL ALL. AND JUST TO BE CLEAR, THAT WAS AUGUST 21ST [09:10:01] MEETING. AUGUST 21ST. YES. ALL IN FAVOR SAY AYE. AYE. AYE. THE AYE. NAY. NAY. OKAY. THE AYES, HOW MANY NAYS WERE THERE? ONE. ONE. OKAY. THE AYES HAVE IT, UH, SO THAT IT'S A CONTINUANCE FOR THE CASE. YES. THANK YOU FOR YOUR PATIENCE. I MEAN, IT'S, THIS IS UNUSUAL, UH, TO HAVE THIS MANY CASES AND THIS IS THE FIRST FOR ME TO BE THIS LATE. SO WHO WAS THE SECOND ON THAT? UH, SO WE HAD MS. CRUZ, MR. SPILL. MS. CRUZ WAS THE SECOND. OKAY. OKAY. DO WE HAVE ANY OTHER BUSINESS [ Approval of Minutes  ] BEFORE THE BOARD? YES, THE MINUTES, PLEASE. BEFORE YOU ALL DISPERSE. I, I MOVED THAT THEY, UH, BE ACCEPTED. I, I LOOKED THROUGH 'EM. I DIDN'T SEE ANYTHING. CAN I SECOND THAT VOICE VOTE IS ACCEPTABLE. CAN WE DO VOICE? ALL IN FAVOR SAY AYE. AYE. AYES HAVE IT. ANY OTHER BUSINESS BEFORE THE BOARD? THE ONLY THING I'D LIKE TO ADD COMMISSIONERS IS THANK YOU SO MUCH FOR YOUR TIME AND DEDICATION. I KNOW THIS WAS A VERY LONG MEETING. I APPRECIATE YOUR PATIENCE AND UM, PLEASE BE SAFE GOING HOME. OKAY, MANNA, I HAVE A QUESTION. SO, SO, UM, IS ANYTHING BEING DONE SO THAT THIS DOESN'T HAPPEN AGAIN? SHOULD WE CONSIDER LIKE HAVING ANOTHER MEETING, YOU KNOW, IN INSERTED SO THAT THE AGENDA ISN'T AS PACKED AS THIS? THE NEXT TWO, UH, MEETINGS ARE SLOWING DOWN SIGNIFICANTLY TO, UH, 14. OKAY. SLOWING DOWN. WELL, 25 CASES WAS SLOWING DOWN. MARCO WOULD LET THEM KNOW HOW MANY CASES ARE ON THE NEXT AGENDA AND THERE WAS ONE THAT WAS CONTINUED TO THE NEXT AGENDA. SO MINE BE IN MIND THAT WE'LL BE ADDING ONE MORE TO THIS. WE HAVE 15 ON THE NEXT ONE AND THEN 14 ON THE ONE AFTER THAT. WHAT ABOUT THE SDRS? I MEAN, THOSE SEEM TO BE WHEN WE HAVE 40 AND 50 PEOPLE SIGNED UP TO SPEAK. I MEAN, THAT OBVIOUSLY JUST TAKES UP A HUGE AMOUNT OF TIME. THAT'LL BE UP TO THE COMMISSIONER AND THE CHAIR TO DETERMINE HOW YOU WANT THE TO HEAR THOSE. UM, SO THAT IT'S ENTIRELY UP TO YOU. WE CAN TRY. OKAY. I HAVE A QUESTION. ARE WE REQUIRED TO HEAR, UM, WHAT IS THE SHORTEST AMOUNT OF TIME THAT WE CAN GO DOWN TO FOR PUBLIC COMMENT? IS IT 30 SECONDS? IS IT A MINUTE? WHAT ARE WE TALKING ABOUT? A MINUTE SEEMS FAIR. JUST BECAUSE PEOPLE, I MEAN, THERE ARE PEOPLE IN THE AUDIENCE WHO WANT BECAUSE THERE'S PEOPLE IN THE AUDIENCE THAT WANT THE OPPORTUNITY TO SPEAK. SO I WOULDN'T LIMIT IT ANY MORE THAN A MINUTE. AND AND LASTLY, WE HEARD ON THESE UPSTAIRS, WE, WE HEARD THE SAME PEOPLE ON VOICEMAIL SAYING THE SAME THING. IF, IF THAT HAPPENS, DOES THE CHAIR HAVE THE ABILITY TO DO SOMETHING ABOUT THAT OR DO WE JUST HAVE TO JUST LISTEN? I WILL SAY THAT MOST OF THOSE VOICEMAILS WERE RECEIVED THIS WEEKEND AND THIS MORNING. SO SEPARATING THOSE IS GONNA BE KIND OF A TASK. UM, BUT WE COULD DEFINITELY TRY. I MEAN, BUT IF, IF, IF THE CHAIR IS HEARING IT AND HE'S HEARING THE EXACT SAME THING, LIKE THEY'RE JUST READING IT OFF A LIST AND THEY'RE NOT EVEN IF, IF THE CHAIR HEARS THAT IT'S GOING THE SAME LANGUAGE, THEN BY ALL MEANS HE CAN WAVE IT OFF AND WE CAN GO TO THE NEXT ONE. I THINK THAT'S ACCEPTABLE. OKAY. NO, I THINK IT'S IMPORTANT THAT WE HEAR EVERYTHING. I MEAN, AT LEAST LONG ENOUGH TO KNOW IF IT'S YAY OR NAY TYPE OF RESPONSE. AND ALSO WHAT'S THE RULES ABOUT, UM, I GUESS CHANGING. 'CAUSE WE GOT ASKED A LOT TO CHANGE OUR VOTE AND I NEED TO KNOW HOW TO CHANGE OTHER PEOPLE'S VOTE. IT'S NOT CHANGING. IF YOU'RE, IF YOU'RE IN THE YEAH, IF YOU'RE ON, I'LL POINT INTO THAT. SO WHAT HAPPENS IS, ANY, ANYTIME YOU, IF SOMETHING FAILS, WHOEVER VOTES NO HAS THE ABILITY TO MAKE A MOTION TO RECONSIDER IF THERE'S SOME COMPONENT OF THE MOTION THAT, THAT WOULD CAUSE THEM TO CHANGE THEIR VOTE. SO IF YOU WERE, IF THERE WAS FOUR PARTS TO A MOTION AND THERE WAS ONE PART, THAT'S THE REASON WHY YOU SAID NO, YOU CAN REQUEST, UH, IT TO BE RECONSIDERED AND THEN REREAD WITH THAT STRUCKEN OR CHANGED. SO SOMETHING COULD PASS. OR WHAT THE BOARD CAN DO IS READ LIKE FOUR DIFFERENT MOTIONS AND DO 'EM INDIVIDUALLY AND THEN THAT WAY, YOU KNOW. BUT THE, THE THING IS THAT IF, IF WE'RE READING FOUR OR FIVE COMPONENTS OF A MOTION, AND THE ONLY REASON WHY YOU'RE VOTING NO IS BECAUSE OF ONE THING OR TWO THINGS, IT'S NOT NECESSARILY FAIR TO THE APPLICANT. YOU KNOW WHAT I MEAN? AND SO THAT'S WHY WE KEEP ASKING, ESPECIALLY IF THERE'S MULTIPLE, AND THAT'S PART OF THE DIALOGUE. ALSO, IF YOU WANNA PROVIDE DIALOGUE WHILE WE'RE DISCUSSING THE MOTION THAT WE CAN GET A FEEL OF, OF WHERE WE'RE GOING TO PARSE OUT SECTIONS OF THE VARIANCE TO SEE IF THERE'S MAYBE SOMETHING ACCEPTABLE THAN, THAN JUST A NO VOTE. BECAUSE THAT DOESN'T DO, UH, THE APPLICANT A FAVOR AND IT DOESN'T GIVE THE BOARD A CHANCE TO UNDERSTAND. AND, AND, AND THAT TO EVERYBODY, TO EVERYBODY ON THE BOARD, THAT, THAT JUST, UH, THOSE OUT THERE GIVES US A CHANCE TO, TO PROVIDE A MEANINGFUL DIALOGUE AND CONVERSATION ON, ON THE VARIANCES. YEAH. THIS IS JOSEPH HARNEY WITH THE CITY ATTORNEY'S OFFICE. I JUST TO REITERATE, THAT'S PART OF THE ROBERT'S RULES ALLOWS FOR [09:15:01] A MOTION TO RECONSIDER. SO IT IS, UM, HELPFUL TO HAVE A, AN ONGOING DISCUSSION. SO, AND, AND AS THE, UM, UH, WAS JUST MENTIONED DIALOGUE DURING A DISCUSSION IS, IS ENCOURAGED TO, TO KIND OF HELP EVERYBODY, UH, GET EVERYBODY ELSE'S PERSPECTIVE. UH, I, I JUST WANNA SAY THAT I WANT TO THANK THE STAFF FOR HAVING THE SNACKS EARLY. YOU PREVENTED A LOT OF FAINTING, SO APPRECIATE IT. SO HOW DO, HOW, I MEAN, AFTER WE DO THE RECONSIDER, IF WE SAY NO AGAIN, 'CAUSE IT KIND OF LIKE DRAGGED OUT, IT SEEMED LIKE SOME PRESSURE TO CHANGE VOTES, YOU KNOW WHAT I MEAN? AND LIKE IT WAS NO, AND THEN IT'S NO AGAIN, DOES THAT MAKE SENSE? YOU KNOW, LIKE HOW DO I YEAH, NO, THAT, YOU KNOW, IF YOU, IF YES, IF YOU, IF YOU JUST MAKE IT CLEAR THAT, THAT, UM, YOUR VOTE IS FINAL, THAT'S, THAT'S, THAT'S FINE. OKAY. THAT'S WHAT WE NEED TO BE DOING THEN. UH, 'CAUSE I, I DON'T WANNA DRAG OUT 'CAUSE I'M TYPICALLY, I'M NOT, NOT GONNA CHANGE MY VOTE, YOU KNOW, THAT'S WHY I'M BRINGING THIS UP, YOU KNOW, AND I'M SURE MOST OF Y'ALL ARE, WHEN YOU'RE DECIDED YOU'RE NOT GONNA CHANGE YOUR VOTE, YOU KNOW? NO, I'M GONNA, I'M GONNA MAKE A COMMENT ON THAT. YOU KNOW, THAT THAT MONTEZUMA CASE, YOU KNOW, I DON'T KNOW IF YOU GUYS ARE FAMILIAR WITH THAT AREA, BUT AN AREA NEEDS HOMES. I NEEDED HOMES. WE JUST DELAYED IT, YOU KNOW, AND, AND THEY WENT ABOUT IT THE RIGHT WAY AND THEY WERE TRYING TO COMPROMISE WITH US. THAT'S WHAT WE'RE TRYING TO DO HERE. THAT'S WHY WE KEEP GOING BACK AND FORTH. WE'RE TRYING TO COME TO A COMPROMISE WHERE WE COULD HAVE GOT A HOUSE, HOUSE BUILT WHERE WE NEEDED THEM AND WE HAD THE OPPORTUNITY, BUT, YOU KNOW, WE DIDN'T GET IT DONE. UM, BUT THAT'S WHY I THINK THE COMPROMISE THAT THEY WERE TRYING TO FIND WITH YOU GUYS WAS TO SAY, YOU KNOW, WHAT DO WE NEED TO DO TO MAKE YOU GUYS SAY OKAY TO THIS HOUSE OR TO, YOU KNOW, TO GETTING THIS BUILT. UM, BUT UM, ANYWAYS, THAT'S WHAT I FEEL ABOUT THEM ON ZUMA CASE TODAY. AND I THINK THAT'S REALLY WHAT IT WAS. YOU KNOW, YOU SAY YOU'RE DEAD SET ON. NO, BUT WE NEED TO BE OPEN TO THIS. THAT'S, I MEAN, WE JUST GOTTA BE, YOU KNOW, WE GOT THINGS, YOU KNOW, ESPECIALLY WHEN IT'S LIKE NOT DEAD SET. WE'RE GONNA COMPROMISE ON SOMETHING. WHAT, WHAT CAN WE DO TO ACCOMMODATE YOU IN ANY WAY TO MAKE YOUR DECISION? MAYBE FLIP, YOU KNOW, WE, WE GOTTA KEEP THAT OPEN MIND WHEN WE'RE DOING THIS. 'CAUSE LIKE I SAID, THERE'S FAMILIES AT STAKE THAT NEED THOSE HOMES. SO MY ISSUE ISN'T, YOU KNOW, THE BIGGEST PART, BUT TWO UNITS ON THAT SMALL LOT, MY COMPROMISE WOULD'VE BEEN MORE SO ONE UNIT, BUT GOING THROUGH IT MORE. SO A FRIENDLY AMENDMENT. WE GO THROUGH THIS AS LOOSELY FALLEN ROBERT'S RULE. SO WHEN I LOOK AT THIS, AND I'VE SAT ON SEVERAL BOARDS, I STRICTLY HAVE FOLLOWED ROBERT'S RULE AND THAT'S WHY I DEFERRED TO LEGAL BECAUSE IF YOU WANTED TO CHANGE SOMETHING, THERE WAS AN OPPORTUNITY TO DO A FRIENDLY AMENDMENT. AND SO WE COULD HAVE HAD THAT DISCUSSION. AND THEN TO ALSO ADD, AND I HAVE SENT AN EMAIL ALREADY FOR THIS DISCUSSION. HOWEVER, WHEN WE HAVE A DISCUSSION, WE, THAT IS NOT THE POINT IN TIME TO SAY HOW YOU'RE GOING TO VOTE, BECAUSE THEN WE DON'T NEED TO VOTE. SO THIS IS JOSEPH CARNEY WITH S OFFICE, SO OH YEAH, I AGREE. I FELT LIKE WE WERE ALREADY AT FINAL VOTE AND THEN WE WERE BEING ASKED TO RECONSIDER, YOU KNOW, I WAS CAST IN MY FINAL VOTE, YOU KNOW? RIGHT. AND SO I ASKED TO BEING, THERE'S A'S WAY TO, YOU KNOW, WE BEING ASKED TO PLAY. AND SO THAT'S WHAT I'M GETTING AT. SO IF I HAVE TO CAST MY FINAL VOTE, THEN, YOU KNOW, THAT'S WHAT IT'S, THIS IS, BUT YEAH, I WOULD LOVE TO WORK TO A YES, YOU KNOW, BUT THERE ARE WAYS TO GET TO IT. SO IF WE'RE GONNA LOOSELY FOLLOW ROBERT'S RULE, THEN THAT'S WHAT WE'RE DOING. BUT END OF, I'M NOT FAMILIAR WITH WHAT BROADWAY OF IS, SO YOU, I'M NOT FAMILIAR WITH THAT, BUT I, I JUST THINK WE NEED TO KEEP AN OPEN MIND WITH SOMEBODY. BUT I'M GONNA ADD THAT, YOU KNOW, I WOULD LOVE TO WORK TO A YES, BUT LET'S, YOU KNOW, IF I'VE SAID NO, THEN THAT'S WHERE I'M AT. THIS IS JOSEPH HARNEY AGAIN, SO HE TURNS OFF. SO WE CAN HAVE A WORK SESSION TO, TO DISCUSS, UM, SOME OF THE INS AND OUTS AND, AND KIND OF GO OVER THE ROBERT'S RULES AND, AND, AND KIND OF GET EVERYBODY, UH, ON THE, ON THE SAME PAGE WITH EVERYTHING. I'D JUST LIKE TO ADD THAT, THAT DURING DELIBERATION, IF YOU ARE OPPOSED TO SOMETHING, JUST, JUST, JUST SAY, I'M, I'M OPEN TO THIS OR I'M, I'M A HARD NOTE JUST TO PUT IT OUT THERE JUST SO THAT EVERYBODY IS AWARE. AND THAT'S WHAT I'M GETTING AT DURING THOSE DISCUSSIONS. THAT'S NOT WHEN YOU'RE VOTING DURING THE DISCUSSION IS WHEN YOU ADD TO. RIGHT. BUT THAT WAS, I'M VOTING VOTE. I SUGGEST, I SUGGEST WE, WE JUST, WE JUST END THE DISCUSSION RIGHT NOW. AND THEN, LIKE I SAY, WE CAN SCHEDULE A WORK SESSION AND, AND GO OVER SOME OF THE DETAILS OF, UH, OF PROCEDURE. OKAY. AND THANK, THANK YOU. THANKS EVERYBODY FOR HANGING IN THERE, YOUR HONOR. WHEN IS THE [ Director’s Report  ] NEXT MEETING? UH, TWO THINGS. YES. YES. NEXT MEETING IS JULY THE 10TH AND IT WILL BE A LONGER ONE, BUT NOT A LOT OF CASES ON IT. BUT THERE WILL BE ONE APPEAL THAT WILL TAKE A SIGNIFICANT AMOUNT OF TIME. AND THEN, UM, THE NEXT MEETING AFTER THAT, UH, IS TWO WEEKS OUT. AND SO, AND THAT'S LIKE MARCO SAID, ONLY LIKE 13 CASES OR SOMETHING LIKE THAT. SO, [09:20:01] UM, THANK YOU AGAIN FOR YOUR TIME AND YOUR DEDICATION TO THIS GROUP. YEAH. APPRECIATE IT. AND WE'LL, UH, WE'LL JUST NEED THE ADJOURNMENT SO THAT WE CAN CONCLUDE. BOARD OF ADJUSTMENT ADJOURNED AT 10:37 PM OUCH. * 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.