* 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. [00:00:01] ALL RIGHT. HELLO EVERYONE. GOOD AFTERNOON. IT'S, UH, ONE OH ONE. I HEREBY CALL THIS MEETING OF THE BOARD OF ADJUSTMENTS INTO SESSION. CAN WE GET THE SPANISH INTERPRETER OUT FOR THEIR PRESENTATION PLEASE? FOR FUTURE MEETING. THANK YOU VERY MUCH. STAFF, CAN YOU PLEASE CALL ROLL. MR. SPIELMAN. PRESENT. MR. MINCHA? PRESENT. MR. DEAN? PRESENT. MR. CODDLE? HERE. MR. ZUNIGA? PRESENT. MR. MANNA PRESENT. MS. KAPLAN? PRESENT. MS. BRAGMAN PRESENT. MR. OZUNA PRESENT CHAIR ORIAN. AND I'M PRESENT. WE HAVE A QUORUM OF 1110. ARE WE WAITING ON ANOTHER MEMBER? NO. ALRIGHT. UH, IF EVERYONE COULD PLEASE, UH, JOIN ME IN THE PLEDGE. [ Briefing and Possible Action on the following items  ] SO BEFORE WE PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION. UH, THE BOARD FOLLOWS AN AGENDA, WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY NUMBER WITH THE NAMES, UH, OF THE APPLICANTS AND THIS AND THEIR STREET ADDRESSES. FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT. LASTLY, AS CHAIR, I WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS. I ASK THAT THE BOARD MEMBER SUBMIT THESE ANNOUNCEMENTS TO ME AS A CHAIR AND I'LL READ THEM AT THE 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 T IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELEASE SOUGHT AND DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUEST FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE AND ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY THE CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION, THEY'LL BE AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD. ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER. AFTER EVERYONE HAS HEARD THE CASE, IT'LL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION. IN ORDER FOR A MOTION TO CARRY. IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES. THE BURDEN OF PROOF AND GRANTING THE RELEASE SOUGHT RESTS WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS ON WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL. SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S. DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. PLEASE LIMIT YOUR PRESENTATION OR REMARKS OF THE PERTINENT FACTS OF YOUR CASE STAFF. GOOD AFTERNOON. GOOD AFTERNOON. STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF A REQUEST PRIOR TO PRESENTATION. INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OR SPECIAL EXEMPTION OR APPEAL AND PROPERTY OF 200 FEET OF THE SUBJECT PROPERTY. CHECK MARK INDICATE THOSE PROPERTY OWNERS IN FAVOR AND OF THE REQUESTS AND X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION FOLLOWING THIS PRESENTATION. ANY OTHER QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST FOR THOSE THAT ARE SIGNED UP TO SPEAK, UH, FOR OR AGAINST A PROPOSED VARIANCE, SPECIAL EXEMPTION OR APPEAL, YOU'LL BE CALLING ORDERED THAT YOU SIGN UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED MAXIMUM THREE MINUTES TO SPEAK AND YOU'RE NOT OBLIGATED TO USE THE MAXIMUM TIME LIMITATION. FOR THOSE THAT WOULD LIKE TO GIVE UP THEIR TIME TO THE SPEAKER, THE SPEAKER WILL BE ALLOWED MAXIMUM [00:05:01] TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES. THOSE GIVEN UP THEIR TIME MUST BE PRESENT AND SIGN UP TO SPEAK. THE APPLICANT WILL THEN BE GIVEN THE OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU, CHAIR? YES. UM, I WAS WANTING TO MOVE THE LAST CASE UP TO BE HEARD FIRST. UH, THIS IS THE ONE OFF OF BI BIG BETHEL DRIVE. MR. MAD COMMISSIONER, MAN, THAT'S IT. UM, GIVE US ONE SECOND TO PUT THAT UP. YEAH. AND LET IT BE NOTED THAT COMMISSIONER MANNA IS, UH, LEAVING THE BOARDROOM FOR PURPOSES OF RECUSAL AT 1 0 7. GOOD AFTERNOON. HELLO. OKAY. GOOD AFTERNOON. BOARD MEMBERS. MY NAME IS EMILY GARCIA, PLANNER WITH THE SHORT-TERM RENTAL TEAM. FOR THIS ITEM, BO O A DASH 23 DASH 1 0 3 0 180 5, APPLICANT CEDRIC TREVINO IS APPEALING THE ADMINISTRATOR'S DECISION TO REVOKE THE APPLICANT'S SHORT-TERM RENTAL PERMIT LOCATED AT 9 2 1 0. BIG BETHEL DRIVE PROPERTY IS ZONED R FIVE RESIDENTIAL SINGLE FAMILY AND IN COUNCIL DISTRICT SEVEN. THE SUBJECT PROPERTY INITIALLY APPLIED FOR A SHORT-TERM RENTAL PERMIT ON MAY 13TH, 2022. AFTER REVIEW OF THE APPLICATION, THE PERMIT TO OPERATE A SHORT-TERM RENTAL WAS APPROVED BY STAFF AND ISSUED ON MAY 24TH, 2022. STAFF WAS INFORMED THAT THE PROPERTY IN QUESTION WAS BEING ADVERTISED AS AN EVENT SPACE ON PEER SPACE, WHICH ADVERTISED FOR 16 PEOPLE ROOMS AVAILABLE FOR PHOTO SHOOTS AND OUTSIDE CATERING ALLOWED, AS WELL AS SHORT-TERM RENTAL. THIS IS IN VIOLATION OF SECTION 35 DASH 3 7 4 0.01 OF THE UNIFIED DEVELOPMENT CODE. AND I'LL GO OVER A FEW OF THOSE CODES IN JUST A FEW MOMENTS. OUR CODE OFFICER AND INVESTIGATION TEAM STARTED AN INVESTIGATION AND THE PERMIT WAS REVOKED ON JUNE 21ST, 2023 IN ACCORDANCE WITH SECTION 16 DASH 1 1 1 1 OF THE CITY'S CODE OF ORDINANCES. THE CODE WAS THAT, UM, I WANT TO DRAW TO YOUR ATTENTION IS 35 DASH 3 74 0 1 B, WHICH IS TITLE LIMITATIONS OF OTHER ACTIVITIES AS SHORT-TERM RENTALS. THE FIRST ONE WAS, THE OPERATOR SHALL NOT PROVIDE PREPARED FOOD OR BEVERAGE DIRECTLY OR INDIRECTLY, SUCH AS USING A CATERER FOR CONCEPTION FOR A FEE. THE SUBSECTION SHALL NOT PROHIBIT OR OPERATE FROM PROVIDING PREPACKAGED FOOD OR BEVERAGES EITHER AS A GIFT OR FOR A FEE. THE SECOND SHORT-TERM RENTALS IS A RESIDENTIAL ZONING DISTRICT SHALL NOT INCLUDE VENUES FOR WEDDINGS, EVENTS, RESTAURANTS, MEETING CALLS, OR ANY OTHER USES OTHERWISE DESCRIBED IN THE TABLES OF PERMITTED USES IN FOR THOSE UNAWARE PIERCE. BRACE IS AN ONLINE SYSTEM THAT YOU CAN ADVERTISE YOUR PROPERTY AS AN EVENT SPACE. IT CAN BE WEDDINGS, PARTIES, CORPORATE EVENTS, OR RETREATS OR PHOTO SHOOTS, WHICH IS THE CASE FOR THIS SITUATION. HOWEVER, THOSE ARE NOT PERMITTED IN SHORT-TERM RENTALS. SHORT-TERM RENTALS ALLOW THE OWNERS TO RENT THE PROPERTY TO THOSE WHO WANT TO STAY THERE FOR ONE OR MORE NIGHTS WITH A 12 HOUR MINIMUM. THE ORDINANCE DOES NOT STATE THAT YOU CANNOT TURN YOUR PROPERTY TO A COMMERCIAL EVENT SPACE. THIS WAS A SITE PLAN THAT WAS PROVIDED, UM, THAT WAS PAIRED TO THEIR S T R APPLICATION. PLEASE NOTE THAT THE APPLICANT STATED ON THE FLOOR PLAN THAT THE PROPERTY IS ONLY ALLOWED FOR A GUEST. HOWEVER, ON THE ADVERTISEMENT IT IS LISTED FOR 16 GUESTS. THIS IS THE SUBJECT PROPERTY AND THE NEXT FEW SLIDES ARE THE SURROUNDING AREAS. AND AS YOU CAN SEE, THIS IS A RESIDENTIAL SINGLE FAMILY NEIGHBORHOOD. IT IS ZONED R FIVE, WHICH IS RESIDENTIAL SINGLE FAMILY. THIS IS THE LISTING THAT WAS POSTED ONLINE, AND AS YOU CAN SEE WHAT'S HIGHLIGHTED IN YELLOW, THAT IT ADVERTISES FOR 16 PEOPLE WITH A TWO HOUR MINIMUM STARTING AT 175 AN HOUR, WHICH IS IN VIOLATION OF SHORT TERM RENTALS. AND ALL ROOMS ARE AVAILABLE FOR SHOOTING AN NUDITY IS ALLOWED ON THE PROPERTY. STAFF RECOMMENDS DENIAL OF THE REVO, UH, OF THE APPLICANT'S REQUEST FOR AN APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE THE SHORT-TERM RENTAL PERMIT. BASED ON THE FIND FOLLOWING FINDINGS OF FACT, THE ORDINANCE REQUIRES THAT STAFF REVOKE THE PERMIT FOR THE VIOLATION DESCRIBED IN THIS, UH, PRESENTATION. AND THE OWNER SLASH OPERATOR OF THE SHORT-TERM RENTAL PERMIT VIOLATED THE S T R ORDINANCE BY ADVERTISING THE PROPERTY FOR COMMERCIAL USES [00:10:01] IN VIOLATION OF THE S T R ORDINANCE FOR THE NOTIFICATION PLAN. 39 NOTICES WERE MAILED OUT AND WE RECEIVED ZERO BACK IN FAVOR FOR BACK IN OPPOSITION. AND THE FARMSTEAD BABCOCK ROW NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION. THIS CONCLUDES STAFF PRESENTATION AND THE APPLICANT IS IN THE AUDIENCE. ANY QUESTIONS? UH, NO. LET'S HEAR FROM THE APPLICANT. THANK YOU. THANK YOU. I I'VE GOT ONE. OKAY. WELL, WE DO HAVE ONE QUESTION. MR. SPIELMAN, HOW MANY ACTUAL EVENTS HAS THERE BEEN, UH, OCCURRED FOR THIS PROPERTY? UH, FOR THIS PROPERTY? WE CAN'T CONFIRM. UM, HOW MANY RIGHT. I HAVE A QUESTION ALSO. COMMISSIONER ZINA, I HAVE A QUESTION AS WELL. YES. DO WE KNOW IF THERE'S ANY RECEIPT OF HOTEL OCCUPANCY TAX BEING PAID ON THE PROPERTY? UH, DURING THE, UM, SO THEY ARE PAYING THEIR TAXES. THEY ARE UP TO DATE, BUT WE CANNOT CONFIRM. OKAY. IF IT WAS THROUGH YOUR SPACE, ARE THEY PAID TAXES THROUGH THESE RENTALS, THE $175 RENTAL PER HOUR? NOT THAT WE COULD CONFIRM. OKAY. THANK YOU. SOONER. YOU COMMISSIONER ZUNIGA, IS THERE ANY PARKING THERE OR DO THEY PARK THE TRAILER ON THE SIDEWALK? UH, THEY DO HAVE PARKING. SO THEY WEREN'T, THEY WEREN'T IN VIOLATION OF PARKING A TRAILER ON THE SIDEWALK. OKAY. UH, LET ME, LET ME, UH, INTERJECT HERE. WERE THERE ANY VIOLATIONS AT ALL ASSOCIATED WITH THIS SS T R? UH, NO VIOLATIONS? YOU NO, THE, THE VIOLATION IS THAT THEY'RE ADVERTISING AN EVENT SPACE ON PEER SPACE. SO THAT IS A VIOLATION OF OUR CODE. YES. UH, ANY OTHER COMMISSIONER QUESTIONS? COMMISSIONER CODDLE? IS THERE ANY ORDINANCE? DOES IT STATE THAT THEY CAN'T ADVERTISE? YES. UH, YES, IT IS. THE, THE ORDINANCE DOES STATE THAT THEY NEED TO, UM, BE 12 HOUR MINIMUM TO BE LISTED, UM, LESS THAN 30 DAYS, AND THEY'RE ADVERTISING FOR JUST TWO HOUR MINIMUM. SO THAT IS A VIOLATION. YEAH. SO LET'S KEEP THIS, WE HAVE THE, UH, SECTION UP, UH, 35, ARTICLE THREE, UH, SECTION 35 3 7 4 0 1 B. AND THERE'S, AND THERE'S TWO SUBSECTIONS TO THIS. UH, THE SUBSECTION TWO IS WHERE THEY, WHERE THEY CANNOT USE IT FOR A MEETING. SPACE, EVENTS, RESTAURANTS, WEDDINGS, AND THAT SHOULD BE ON YOUR SCREENS. ALL RIGHT. ANY OTHER QUESTIONS FOR STAFF? UH, HEARING NOW, LET'S HEAR FROM THE APPLICANT. SO IF YOU COULD PLEASE TELL US YOUR NAME AND TELL US ABOUT YOUR APPEAL. HELLO, EVERYBODY. MY NAME IS CEDRIC TREVINO, AND THIS IS MY WIFE, CANDACE TREVINO. UM, BEFORE I GET INTO THE APPEAL ITSELF, I I CAN KIND OF CLARIFY SOME OF THE QUESTIONS THAT YOU JUST ASKED THE CITY. UM, WE DEFINITELY PAY OUR TAXES AND IN FACT, I HAVE TWO CASES UP HERE TODAY. UH, NUMBER 10 AND 11 OR NINE AND 10. I HAVE TWO PROPERTIES, UH, AS AN AIRBNB, UH, SHORT TERM RENTAL. WELL, WE OF COURSE PAY OUR TAXES. WE'VE BEEN DOING THIS AS A BUSINESS FOR TWO TO THREE YEARS, UH, BETWEEN THE TWO PROPERTIES. UM, WE'VE ACTUALLY NEVER RENTED THIS SPACE OUT AS A COMMERCIAL, UH, FOR COMMERCIAL USE. UM, I GUESS WHAT YOU CAN SAY IS, FIRST OF ALL, I WANT TO TAKE ACCOUNTABILITY FOR THE LISTING BEING ON PEERSPACE. UM, THAT, THAT WAS A MISTAKE IN OVERSIGHT OF MINE. UM, BUT OUR CALENDAR WAS COMPLETELY BLOCKED OUT ON PEERSPACE. WE'VE NEVER RENTED THE PROPERTY. WE NEVER EVEN CHOSE TO, UH, RESPOND TO AN INQUIRY ABOUT THE PROPERTY. I DID IT ACTUALLY AS DIVERSIFICATION TO MAKE SURE THAT ME AND MY WIFE WHEN TAKING A, A LEAP OF FAITH INTO A SMALL BUSINESS, WE'RE ABLE TO COVER OUR COST IF NEEDED. UM, BUT OUR AIRBNB WAS QUITE SUCCESSFUL. OUR SHORT TERM RENTAL WAS QUITE SUCCESSFUL OVER THE YEARS. UM, SO I JUST WANTED TO ADDRESS THOSE. AND IN, IN REFERENCE TO THE TRAILER, I APOLOGIZE, THAT WAS ACTUALLY THE PHOTO OF THE NEIGHBOR'S NEIGHBOR'S YARD THAT HAD A TRAILER IN FRONT OF IT. WE'VE NEVER, UM, HAD ANY COMPLAINTS, UH, OR VIOLATED ANY PROCEDURES WITH THE SHORT-TERM RENTAL. UM, SO LIKE I SAID, WE ONLY ADVERTISE THE LISTING. UM, IT WAS A MISTAKE OF MINE TO EVEN LIST IT ON THE SITE. UM, WE PRIMARILY ONLY ACCEPT OUR BOOKINGS ON AIRBNB. WE'RE SUPER HOST WITH OVER A HUNDRED, UM, SUCCESSFUL, UM, STAYS BOTH SHORT TERM AND LONG TERM. UM, WE STARTED THIS BUSINESS DURING THE PANDEMIC WHEN WE MOVED OUT OF OUR HOME AND WANTED TO PROVIDE A GOOD SPACE FOR OTHERS TO FEEL COMFORTABLE DURING A TOUGH TIME. UH, OUR HOMES ARE LOCATED IN THE MEDICAL CENTER, SO WE'VE HOSTED DOCTORS, NURSES, UM, PEOPLE RECEIVING KIDNEY TRANSPLANTS, PEOPLE ADOPTING [00:15:01] CHILDREN, UM, . SO JUST IN GENERAL, WE TRY TO DO SOMETHING GOOD WITH OUR SPACE WHILE KEEPING OUR HOME AS AN INVESTMENT AND BUILDING EQUITY IN IT. UM, WE'VE, UH, IT WOULD BE VERY TOUGH FOR US IF WE'RE UNABLE TO RENT OUR HOME OUT AS A SHORT TERM RENTAL BY LOSING THIS PERMIT. UM, ME AND MY WIFE MOST LIKELY WOULD NOT BE ABLE TO, TO BEAR THE FINANCIAL HARDSHIP OF NOT BEING ABLE TO, UH, RENT THIS OUT AND HAVE TO AFFORD NOW THREE MORTGAGES, OUR PRIMARY RESIDENCE AND THESE TWO. UM, AND THE CITY ITSELF WOULD LOSE OUT ON A, A GOOD AMOUNT OF REVENUE, UM, THAT WE PAY IN TAXES. WE PAY THAT 10.5% TO THE CITY ON BOTH PROPERTIES. RIGHT NOW, IT'S PROBABLY ESTIMATED ABOUT FOUR TO $5,000 PER PROPERTY, UM, BECAUSE WE ARE BOOKED AT A VERY HIGH CAPACITY, UH, AS A SHORT-TERM RENTAL ON BOTH OF THE PLACES. UM, SO I JUST ASK FOR YOUR CONSIDERATION. I WANT TO THANK YOU FOR YOUR TIME. AND MOST IMPORTANTLY, UM, IF YOU CONSIDER BOTH OF MY PROPERTIES THE ADDRESS ON BIG BETHEL MOUNTAIN FIELD, UH, AT THE SAME TIME, UH, AND IF ANYTHING, AT LEAST LESSEN THE TIME PERIOD. UM, A YEAR IS GONNA BE A REALLY TOUGH TIME FOR US, SO TO NOT BE ABLE TO RENT OUT OUR HOME. SO TO INTERJECT YES, SIR. UM, I WANT YOU TO UNDERSTAND WHAT OUR ROLE IS HERE. YES. SO YOU'RE, YOU'RE APPEALING A DECISION TO REVOKE YOUR S D R PERMIT THAT THE CITY MADE? YES. UH, THE ISSUES BEFORE US IS THAT THE CODE REQUIRES THE CITY TO REVOKE YOUR PERMIT. MM-HMM. IF YOU ARE NOT IN, IN CERTAIN, UH, CONFORMANCE WITH THE CODE. OKAY. AND THE CODE HERE IN QUESTION, THE BIG ONE IS IT APPEARS BASED ON THIS, UH, ADVERTISEMENT THAT YOU'RE OFFERING IT AS A MEETING SPACE. AND I REALLY WANT YOU TO BE CONSCIOUS OF THAT. YES. AS YOU FIELD QUESTIONS AND YOU, AND YOU PROVIDE YOUR TESTIMONY TO THIS BOARD. YES. 'CAUSE YOU KNOW WHAT, I'M SURE YOUR, YOUR, YOUR PLACE IS, IS WELL RECEIVED AND YOU YES. AND YOU'VE BEEN DOING VERY WELL. BUT IF YOU'RE OFFERING THIS AS A MEETING, YOU'RE MARKETING IT AS A MEETING SPACE. THE CITY HAS TO TAKE THIS PERMIT. WELL, IT WAS A, A LISTING ON PEER SPACE THAT WAS BLOCKED OUT, SO WAS ACTUALLY NOT ABLE TO BE BOOKED. INQUIRIES COULD BE SENT FOR IT. UM, AS I SAID, ZERO INQUIRIES FOR THIS PROPERTY HAVE BEEN ACCEPTED AND WE'VE NEVER EVEN BEEN ACCEPTED. OKAY. BUT I, I, I'M GONNA LEAD OFF ON THE QUESTION. SURE. SO I'M LOOKING AT YOUR ADVERTISEMENT FOR, FOR PEER SPACE. YES, SIR. AND YOU, YOU, IT LISTS 16 PEOPLE. IT LISTS TWO HOURS MINIMUM. IT HAS, UM, A, ANOTHER, ANOTHER, UH, UH, THING HERE ABOUT, ABOUT USING IT AVAILABLE FOR SHOOTING I E Z CAMERAS. CAMERAS AND, AND PHOTO SHOOT. UH, LIKE A PHOTO SHOOT. PHOTO SHOOT. YES, SIR. WHICH IS NOT ALLOWED. UM, AND SO WHAT, WHAT IS YOUR RESPONSE TO THAT? I MEAN, THIS IS AN ADVERTISEMENT THAT IS PRETTY YEAH, WELL, MY RESPONSE TO IT IS THAT EARLY ON, TWO, TWO TO THREE YEARS AGO WHEN LISTING MY PROPERTY ON AIRBNB, I ALSO LISTED IT ON PURE SPACE. UM, BUT NEVER ACCEPTED ANY, UH, WELL, IT'S ABOUT, IT'S ABOUT THE OFFERING. SO WHY, WHY DID YOU PUT 16 PEOPLE IF YOU'RE PERMANENTLY ALLOWED EIGHT? UH, IT'S THE STANDARD OFFERING OF THE SITE DROPDOWNS. I, I DIDN'T CHANGE ANYTHING. I, I PUT UP A SHELL OF A LISTING WITH MY PHOTOS ONLINE AND NEVER CHANGED ANYTHING ONTO IT. AND THE TWO HOUR MINIMUM, ALSO JUST STANDARD DROPDOWNS OF THE LISTING. LIKE IF YOU WENT TO PEERSPACE NOW AND CREATED A SHELF, A LISTING, THESE ARE THE PRE LIKE PRESUMED DROPDOWNS OF WHAT WOULD HAPPEN. OKAY. AND, AND, BUT YOU DON'T HAVE ANY NOTES THAT, THAT CLARIFY CORRECT. UH, IN THE ADVERTISEMENT THAT IT HAS TO BE FOR AN OVERNIGHT STAY. IT'S NOT SUPPOSED TO EXCEED EIGHT PEOPLE, I MEAN, CORRECT, SIR, I DID NOT HAVE ANY OF THAT INFORMATION. WE'VE SEEN, WE'VE SEEN THESE ADVERTISEMENTS BEFORE AND, AND WE'VE, AND I'VE HEARD THIS BEFORE FROM, FROM A NUMBER OF APPLICANTS UHHUH. BUT YOU KNOW, THE ISSUE IS THAT, THAT YOU CERTAINLY HAVE THE ABILITY TO ADD NOTES TO CLARIFY THAT THIS IS AN OVERNIGHT STAY AND IT'S NOT MEANT FOR SOMEONE TO RENT OUT TWO HOURS. UNDERSTOOD. UNDERSTOOD. I, I, LIKE I SAID, IT WAS AN OVERSIGHT. I APOLOGIZE FOR THAT. IT WAS MADE TWO YEARS AGO. WE NEVER ACCEPTED ANY BOOKINGS. AND IN FACT, UH, AS SOON AS I RECEIVED THE NOTIFICATION FROM THE OFFICE, UH, NOT ONLY DID I DELETE BOTH LISTINGS, BUT I ALSO DELETED MY ACCOUNT ON PIERCE SPACE. DO YOU HAVE, DO YOU HAVE ANY, UH, ANY EVIDENCE THAT YOU DIDN'T RECEIVE BOOKINGS THROUGH THIS WEBSITE? IS THERE A REPORT OR SOMETHING THAT YOU PROVIDED? UM, I WOULD BE ABLE TO LOG. I, I EVEN DELETED MY ACCOUNT ON THE, UH, OKAY. ON THE, UH, ANY OTHER COMMISSIONER QUESTIONS? BRAGMAN, COMMISSIONER BRAGMAN, UM, HAVE YOU TRIED, UM, RENTING OUT THESE PROPERTIES LONG TERM, LONGER THAN 30 DAYS? UH, NO MA'AM. WHEN WE FIRST STARTED, UM, WITH OUR FIRST PROPERTY, UH, AT GUIDANCE OF OUR REAL ESTATE PROFESSIONAL, UH, AND THE FACT THAT WE PUT SO MUCH WORK INTO OUR HOME, UM, IT WAS ACTUALLY ADVISED TO US THAT WE COULD DO VERY WELL RENTING IT AS A SHORT-TERM RENTAL. SO THAT'S WHAT WE STARTED DOING. THAT'S THE MODEL THAT WE CREATED. WE BOUGHT, YOU KNOW, 20 TO $30,000 OF FURNITURE FOR BOTH HOMES, UM, TO GET THEM READY, TO MAKE THEM REALLY GOOD PLACES FOR PEOPLE WITH FAMILIES, ESPECIALLY WE'VE BABY PROOFED THE HOUSE. WE HAVE A [00:20:01] CRIB, WE HAVE HIGH CHAIRS. UM, BUT NO, WE NEVER, UM, ATTEMPTED TO LIST IT WITH THE, FOR A LONG TERM, YOU KNOW, ONE YEAR TO TWO YEAR STAY OR AT LEAST WITH YOUR REALTOR. NO, MA'AM. AND, AND THAT MIGHT BE SOMETHING TO CONSIDER IF YOUR APPEAL, OF COURSE, DENIED, ESPECIALLY YOU CAN RENT OUT, UH, FURNISHED. UM, YES. PROPERTIES, YES. I'M, I'M AWARE FOR SHORTER THAN ONE YEAR, BUT LONGER THAN 30 DAYS, YES. OKAY. THANK YOU. ANY OTHER QUESTIONS? YEAH, COMMISSIONER KAPLAN? YES, SIR. WHAT'S THIS? WITH THE NUDITY? UH, WHAT DID YOU, I MEAN YES. WAS THAT LIKE SOMETHING YOU NO, NO, IT'S A, IT'S ALSO A DROPDOWN AND IT'S ACTUALLY JUST BECAUSE, UM, I THINK A LOT OF PEOPLE WHO RUN OUT PEER SPACES ARE PHOTOGRAPHERS, UM, PHOTOGRAPHERS THAT ARE DOING, UM, PHOTO SHOOTS FOR, UH, I GUESS PHOTO SHOOTS. I, I DON'T EVEN KNOW WHAT THE RIGHT WORD IS, BUT LIKE, BOURGEOIS OR LIKE TYPE OF PHOTOGRAPHY. UM, IT WAS AGAIN, JUST KIND OF THE DROPDOWN THAT'S LIKE, IF I COULD INTERJECT HERE AS WELL. UM, JUST STATE YOUR NAME, PLEASE. OH, YEAH, SURE. THIS IS CANDACE TREVINO. I'M CEDRIC'S WIFE AND ALSO IN THIS WHOLE THING. UH, BUT I, I WILL SAY THAT THIS IS OUR FIRST RODEO WITH THIS. LIKE, WE STARTED THIS DURING THE PANDEMIC BECAUSE WE WANTED TO MOVE. WE GOT A PUPPY AFTER I GRADUATED COLLEGE AND I DIDN'T WANT A TWO STORY HOME. WE ENDED UP IN A TWO STORY HOME. BUT, YOU KNOW, WE LISTED OUR FIRST HOUSE, UH, ON THE, YOU KNOW, SUGGESTION OF OUR REALTOR. AND I WAS REALLY SCARED ABOUT IT AND IT DID REALLY WELL. AND WE HAVE HOSTED SOME AMAZING PEOPLE IN OUR HOME, ONE BEING A KIDNEY TRANSPLANT. AND, YOU KNOW, IT'S BEEN REALLY NICE TO PROVIDE OUR HOME THAT WE LIVED IN FOR SIX YEARS, THAT I HAD OUR WEDDING CAKE AT OUR EXACT VERY TABLE THAT'S STILL IN THERE. TWO OTHER PEOPLE. AND I THINK THAT WE LISTED IT ON PEERSPACE KIND OF JUST 'CAUSE THAT'S WHAT WE HEARD PEOPLE WERE DOING. I MEAN, WE DIDN'T GROW UP WITH PEOPLE THAT ACTUALLY OWNED PROPERTIES AS WELL, AND WE SURELY DIDN'T GROW UP WITH PEOPLE THAT ALSO AIRBNB. SO THIS WAS A NEW THING FOR US. UM, SO WE REALLY DIDN'T KNOW, YOU KNOW, I MEAN, ALBEIT I KNOW THAT YOU'RE ALL, YOU'RE SUPPOSED TO BE AWARE OF THE RULES AND WE DEFINITELY TAKE, UM, ACCOUNTABILITY FOR THAT. BUT CEDRIC JUST SET IT UP. I MEAN, WE HAD NO IDEA ABOUT PEER SPACE. WE HEARD IT FROM SOMEONE WHO, WHERE WE'RE LIKE, OH YEAH, THAT SEEMS LIKE A GREAT IDEA AS WELL. YOU KNOW, WE DIDN'T WE'RE COMPLETE RULE FOLLOWERS. HAD WE KNOWN THAT THIS WAS AGAINST THE RULES, WE DEFINITELY WOULD NOT HAVE DONE IT. UM, ESPECIALLY SINCE IT COULD BE VERY DETRIMENTAL TO OUR BUSINESS. UM, LIKE HE SAID, WE HAVE TWO HOMES THAT'S NOW THREE MORTGAGES THAT WE PAY EVERY MONTH, YOU KNOW, AND OBVIOUSLY THAT'S NOT TO ANY FAULT TO Y'ALL, BUT, UM, WE HONEST TO GOD WOULD NOT HAVE LISTED ON PEER SPACE IF WE KNEW THAT IT WAS GONNA BECOME AN ISSUE AT ALL. LIKE, WE'VE HAD NO LISTINGS ON IT. WE JUST, IT HAS JUST BEEN ON THERE. WE WE'RE TOO BOOKED TO ACTUALLY HAVE IT LISTED ON THERE, COMMISSIONERS, YOU KNOW, SO WE'VE FORGOTTEN ABOUT IT. HOLD ON. YEAH. SO A NOTICE ON THE, UM, NOTIFICATION PLAN, THERE'S THREE NEIGHBORS THAT ARE OPPOSITION TO THE APPEAL HERE. UH, FOUR OF THEM. HAVE YOU HAD ANY DIALOGUE WITH THESE NEIGHBORS? DO YOU KNOW WHO'S, UH, I DON'T KNOW. DUNNO WHO THAT WAS SENT TO. I'VE SPOKEN WITH, UH, ALL THE NEIGHBOR, I GUESS YOU COULD SAY LIKE THE FIVE NEIGHBORS THAT BORDER OUR PROPERTY NEXT TO US AND ACROSS FROM US. AND, UH, NONE OF THEM HAVE EVER, UH, MENTIONED ANY DISPLEASURE. WE'VE NEVER HAD ANY NOISE VIOLATIONS. WE'VE NEVER HAD ANY ISSUES WITH PARKING. IN FACT, UM, IF ANYTHING, WE'VE HAD ISSUES WITH THE NEIGHBORS NEXT TO US BECAUSE THEY HAD A, A PROPERTY THAT, UM, I GUESS YOU COULD SAY A CARD PORT THAT ACTUALLY TOUCHED OUR HOUSE. UH, THEY'RE ACTUALLY, WE, WE SENT THAT INTO THE, TO THE COMMISSION TO HAVE THAT REMOVED. BUT, UM, WE'VE NEVER HAD ANY COMPLAINTS, ANY, ANY ISSUES WITH POLICE OR ANYTHING LIKE THAT. WE KNOW OUR NEIGHBORS. YOU, AND THE NEXT QUESTION IS FOR STAFF. STAFF, UM, WITHIN THE APPLICATION PROCESS FOR THE SHORT-TERM RENTAL, IS THE APPLICANT NOTIFIED OF THESE, UM, REGULATIONS AND RULES AND THEY HAVE TO SIGN? AM I CORRECT? YES. SO WHEN THEY SUBMIT AN APPLICATION, THEY'RE SELF CERTIFY THAT THEY, THEY UNDERSTAND THE ORDINANCE AND THAT THEY'RE GOING TO APPLY. AND THIS PARTICULAR SHORT, WHO, WHO SIGNED ON THIS PARTICULAR, THE APPLICANT? UH, OKAY. OKAY. THANK YOU. OKAY. MINKA COMMISSIONER MINKA. YEAH, I HAVE A QUESTION. THE, THE, OH, I'M SORRY. WHAT, WHAT COMMISSIONER SPIN ON RIGHT NOW IS WHETHER THE CITY OR NOT DID OR DID NOT MAKE, UH, A MISTAKE IN THE, UH, PROCESS. NOT WHETHER OR NOT THIS IS, UH, YOU KNOW, AN ACCURATE DECISION IS WHETHER THEY FOLLOWED THE PROCEDURES AND CORRECTLY. IS THAT MY UNDERSTANDING? IS THAT CORRECT? UH, THAT'S CORRECT. COMMISSIONER MENCHACA, UH, I WANT A LITTLE BIT OF CLARIFICATION HERE. UM, YES, SIR. SOMEWHAT FAMILIAR WITH WEBSITE DEVELOPMENT, THE NEW, NEW NUDITY ISSUE THAT WAS ON THE DROPDOWN LIST. YES, SIR. WAS THERE A BLANK ALSO, UM, OR THIS [00:25:01] M MANDATORY THAT YOU, I I CREATED IT A COUPLE YEARS AGO, BUT I WAS, I'M, I'M SURE THERE WAS MULTIPLE CHOICES, UH, BLANKS. YEAH. SO YOU HAD A CHOICE OF A BLANK OR FILL IN THIS AND YES, I'M SURE, I'M SURE THERE WOULD'VE BEEN A, A CHOICE. YES. SAME THING WITH THE OTHER ONES. UH, I DON'T THINK THERE MIGHT'VE A BLANK. I THINK THERE MIGHT'VE BEEN LIKE A YES OR NO. UH, BUT THERE WAS DEFINITELY MORE THAN ONE CHOICE. YES, SIR. THANK YOU. YES, SIR. OKAY. UM, AND I HAVE A QUICK QUESTION FOR STAFF. UH, YOU KNOW, WE, WE'VE UM, WE'VE SEEN THESE SORT OF THINGS, YOU KNOW, IN THE PAST, BUT, UH, THE ONE YEAR THAT THEY HAVE TO WAIT, WHAT DATE DID THAT START? THE DATE THAT WE WERE REVOKED THE PERMIT. SO THEY'LL BE ELIGIBLE JUNE 21ST, 2024. AND IF THEY WERE TO SELL THIS TO, UH, SOMEONE ELSE, COULD SOMEONE ELSE IMMEDIATELY APPLY? OR IS IT ANYBODY WHO OWNS THIS FOR THE NEXT YEAR? SO IT'S, UM, THE, THE PENALTIES ONLY APPLY TO THE APPLICANT FOR THIS PROPERTY. OKAY. SO YEAH, IT COULD BE A DIFFERENT OWNER CAN COME IN AND THEY CAN APPLY FOR A PERMIT. SO THEY COULD DEEDED IT TO AN L L C, THEY CREATE AND THEN THE L L C COULD ASK FOR IT. N NO, THAT'S NO, BECAUSE WE WILL CHECK WHO OWNS OR WHO'S PART OF THE L L C. AND IF IT'S THE SAME APPLICANT'S, THEN UH, NO, WE WILL NOT BE ISSUING THAT PERMIT CALL. BUT THE QUESTION THAT DOESN'T SOUND CORRECT, COMMISSIONER ZUNIGA ZUNI. OKAY. REGARDING CASE NUMBER BO O A 23 1 0 3 OH OH, HOLD ON. HOLD ON. WE DIDN'T HEAR IF THERE'S ANY PUBLIC COMMENTARY OR HUH? IS WE, WE CAN'T READ THE MOTION YET. WE HAVE TO SEE IF THERE'S ANY PUBLIC COMMENTARY OR IF THERE'S ANY ADDITIONAL QUESTIONS. IS, IS THERE ANY PUBLIC COMMENTARY YOU WANNA SEND, SIGN IT TO SPEAK? NO PUBLIC COMMENT. NO PUBLIC COMMENT. OKAY. AND IT WAS THERE. AND BEFORE MOTIONS READ, IS THERE ANY COMMISSIONERS LIKE WHO, WHO'D LIKE TO ASK ONE ANOTHER QUESTION? YEAH, COMMISSIONER KAPLAN. UH, SO YOU'RE NO LONGER ON THE SITE, RIGHT? NO LONGER ON THE SITE? YES, MA'AM. WE REMOVED THE TWO LISTINGS BECAUSE I HAD TWO PROPERTIES. THEY'VE BEEN REMOVED FROM THE SITE. AND MY, I'VE ALSO DELETED THE ACCOUNT FROM PEERSPACE COMPLETELY. AND WHEN DID YOU DO THAT? UH, THE DAY THAT I RECEIVED YOUR NOTIFICATION ABOUT THE REVOCATION OF MY PERMIT, I DELETE, I, UH, REMOVED IT FROM THE SITE. UH, JUNE 21ST. I SAID, I THINK SHE SAID. OKAY. ALRIGHT, COMMISSIONER ZUNIGA, PLEASE PROCEED. OKAY. REGARDING CASE NUMBER BO O A 23 1 0 3 0 0 1 8 5, I MOVE TO THE BOARD OF ADJUSTMENTS. GRANT, THE APPEAL FOR THE PROPERTY SITUATED AT 9 2 1 0 BIG BETHEL DRIVE, APPLICANT BEING CEDRIC BECAUSE THE INFORMATION PROVIDED BY THE APPLICANTS SHOWS AS THE CITY STAFF MADE AN ERROR IN REVOKING THE SHORT TERM RENTAL PERMIT. ANY MOTION IS, THERE'S SECOND. SECOND BY COMMISSIONER KAPLAN. UH, COMMISSIONER ZUNIGA LEAD THE DISCUSSION PLEASE. GOT THE SECOND. NO, HE'S, YEAH, GO AHEAD. COMMISSIONER ZU. YEAH, I AM NOT GOING TO VOTE FOR THE REVOKING OF THE SHORT TERM RENTAL PERMIT. WHEN THEY APPLIED FOR THIS, UH, THE STAFF GAVE HIM THE PAPERWORK, THE REGULATIONS, AND THE PROS AND CONS OF THE, UH, ACCORDING TO THE CITY. AND, UH, I DON'T KNOW WHO THE REALTOR WAS, BUT HE'S NOT HERE TODAY. RIGHT? THEY GAVE YOU THAT INFORMATION. UH, NO, SIR. THE, YOU, YOU'RE CORRECT. THE REALTOR IS NOT. HOLD ON, SIR. SIR, THANK YOU. WE'RE, WE'RE NOT ASKING QUESTION. COMMISSIONER KAPLAN. THANK YOU. YEAH. UH, I, Y'ALL CAN JUST, UH, SIT DOWN PLEASE. THANK, I, I, UH, WILL AGREE. AND, AND IT'S UNUSUAL. I WILL AGREE ABOUT NOT REVOKING THE SHORT-TERM REC RENTAL PERMIT EITHER, BECAUSE OBVIOUSLY FROM WHAT YOU SAID IT WAS A MISTAKE, YOU'VE NEVER, YOU NEVER ACTUALLY, UH, USED IT AS AN EVENT SPACE. SO THEREFORE, AND YOU HAVE PAID YOUR HOTEL OCCUPANCY TAXES, SO THEREFORE, UM, YOU KNOW, I'LL, I'LL GIVE YOU THE, GIVE IT TO YOU. YES. ANY OTHER COMMISSIONERS, CO COMMISSIONER COLL, I'M GOING TO BE VOTING FOR THIS. I, UH, I DON'T SEE, SIR, IS YOUR MIC ON? SORRY, I'M PUSHING THE BUTTON. OH, MAYBE YOURS ISN'T WORKING LIKE OURS WASN'T. TRY GETTING A LITTLE CLOSER. CAN YOU HEAR ME? IS IT NOW A LITTLE BETTER? OKAY. THANK YOU. I DON'T PERSONALLY SEE IN THE ORDINANCE ITSELF WHERE IT TALKS ABOUT ADVERTISING AND I UNDER, I UNDERSTAND THAT IF THERE ARE ACTIVITIES AND EVENTS THAT HAVE TAKEN PLACE, THEN THAT'S A VIOLATION OF THE CODE. BUT I DON'T KNOW WHERE IT ACTUALLY STATES IN THE CODE ITSELF THAT ADVERTISING IS A VIOLATION OF THE CODE. [00:30:01] SO I'M GONNA BE VO VOTING IN SUPPORT. ANYONE ELSE? UM, ALL RIGHT. LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER ZUNIGA? NO, MS. KAPLAN IF I VOTING? NO, UH, HOLD ON. COMMISSIONER ZUNIGA, I THOUGHT YOU SAID DURING YOUR DUR, I THOUGHT YOU HAD MENTIONED THAT YOU WERE IN, IN, IN FAVOR OF NOT REVOKING THE, UH, WELL, WE GOTTA PO HAVE TO HAVE A POSITIVE. YEAH. IF YOU VOTE YES, YOU'RE, YOU'RE, UH, SIDING WITH THE APPLICANT. IF YOU VOTE NO, YOU'RE SIDING WITH THE CITY TO TAKE THE PERMIT OVER. THAT'S WHAT I SAID. NO. OKAY. UH, WHAT DID YOU THINK? I SAID, MR. UNA, I THOUGHT I HEARD YOU SAY THAT YOU DIDN'T WANT THE PERMIT REVOKED. NO, I SAID NO. OKAY. CONTINUE WITH THE ROLL CALL VOTE PLEASE. MS. KAPLAN. UH, IF I VOTE AGAINST YOU, IF YOU, IF YOU VOTE YES, YOU'RE CITING WITH THE APPLICANT TO KEEP THEIR ESTIMATE. UH, I, I VOTE FOR THE APPLICANT IN THIS CASE. MR. SPIELMAN? UH, NO. MR. MENCHACA, I SUPPORT THE APPLICANT. MR. DEAN, I DO NOT CONCUR. MR. CODDLE. I CONCUR. MS. BRAGMAN, I DO NOT CONCUR. MR. OZUNA. I CONCUR WITH THE APPLICANT CHAIR ORIAN AND I CONCUR WITH THE APPLICANT. UH, MOTION FAILS. FIVE TO FOUR. ALL RIGHT, WE'RE GONNA HEAR CASE NUMBER TWO. NOW ONE WITH WAS WITHDRAWN. SIR, IF YOU HAVE ANY QUESTIONS, UH, YOU CAN GET WITH STAFF, THEY'LL TELL YOU WHAT YOUR NEXT STEPS ARE. THANK YOU, SIR. UH, ONE, ONE SECOND. DOES THIS APPLICANT HAVE TWO CASES ON THIS? YES. MM-HMM. . OKAY. WHAT'S HER OTHER CASE NUMBER? NUMBER NINE. LET'S HEAR NUMBER NINE. NO REASON TO MAKE HIM WAIT TO THE END. YEAH, AND PLEASE GET ASK COMMISSIONER MANER TO REJOIN. UM, I'M GONNA PULL UP, UH, COMMISSIONER, UM, ON WEBEX REAL QUICK. OKAY. 9 8 4. YEAH. CASE ENDING IN 1 8 4. IT'S 1 34. COMMISSIONER MANNA HAS REJOINED THE MEETING. TESTING 1, 2, 3. DO WE HAVE A COMMISSIONER'S ZONING, UH, ADJOINING BY WEBEX? YES, WE DO. MM-HMM. , [00:35:31] CAN YOU HEAR US? UH, COMMISSIONER MOND. I CAN SEE. HEY, CAN YOU TURN ON YOUR, UH, YOUR WEBCAM PLEASE? THANK YOU. AND WELCOME TO THE MEETING WE'RE ABOUT TO CONSIDER ITEM NUMBER NINE IN YOUR PACKET. ITEM NUMBER NINE. WHILE WE'RE DOING THAT, COMMISSIONER, CAN YOU TEST YOUR MICROPHONE, PLEASE? SEMI IAU AUDIBLE. THERE YOU GO. THANK YOU, SIR. APPRECIATE IT. AND JUST FOR THE RECORD, IT'S 1 38 WHEN THE COMMISSIONER JOINED THE MEET. ALL RIGHT, THANK YOU. OKAY. GOOD AFTERNOON. MY NAME IS ASHLEY LEAL, PLANNER WITH DEVELOPMENT SERVICES FOR THIS ITEM NUMBER BO O A DASH 23 DASH 0 3 0 180 4. APPLICANT CEDRIC TREVINO IS REQUESTING FOR AN APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE A SHORT-TERM RENTAL PERMIT LOCATED AT 9 0 3 1 MOUNTAIN FIELD DRIVE PROPERTY IS ZONE PLAN UNIT DEVELOPMENT, RESIDENTIAL SINGLE FAMILY DISTRICT, AND LOCATED IN COUNCIL DISTRICT EIGHT. THE SUBJECT PROPERTY INITIALLY APPLIED FOR A SHORT-TERM RENTAL PERMIT ON JUNE 1ST, 2020, AND WAS APPROVED AND ISSUED BY STAFF ON JUNE 8TH, 2020. APPLICANT SUBMITTED A RENEWAL APPLICATION ON MARCH 8TH, 2023, AND WAS APPROVED FOR RENEWAL ON MARCH 24TH, 2023. STAFF WAS INFORMED THAT THE PROPERTY IN QUESTION WAS BEING ADVERTISED AS AN EVENT SPACE ON PEER SPACE FOR UP TO 20 PEOPLE AND ALLOWED OUTSIDE CATERING AS WELL AS A SHORT-TERM RENTAL IN VIOLATION OF SECTION 35 DASH 3 7 4 0.01 OF THE U D C. AS A RESULT OF AN INVESTIGATION, THE PERMIT WAS REVOKED ON JUNE 21ST, 2023 IN ACCORDANCE WITH SECTION 16 DASH ONE 11 OF THE CITY'S CODE OF ORDINANCES. THE FOLLOWING SLIDES ARE THE APPLICABLE CODE REFERENCES AND SPECIFICALLY SECTION 35 DASH 3 7 4 0.01 B THAT WAS BROUGHT UP IN THE PREVIOUS CASE. ONE, THE OPERATOR SHALL NOT PROVIDE FOOD OR BEVERAGE DIRECTLY OR INDIRECTLY, SUCH AS USING A CATERER FOR CONSUMPTION FOR A FEE, AND TWO SHORT-TERM RENTALS. IN RESIDENTIAL ZONING DISTRICTS SHALL NOT INCLUDE VENUES FOR WEDDINGS, EVENTS, RESTAURANTS, MEETING HALLS, OR ANY OF THE USES OTHERWISE DESCRIBED IN THE TABLES OF PERMITTED USES, EITHER AS AN ACCESSORY OR PRIMARY USE. SIMILAR TO THE FIRST CASE WE HEARD, THIS PROPERTY WAS BEING ADVERTISED AS AN EVENT SPACE FOR A PHOTO SHOOT ON PEER SPACE. COMMERCIAL EVENTS ARE NOT PERMITTED IN SHORT-TERM RENTALS PER THE ORDINANCE. SHORT-TERM RENTALS ALLOW THE OWNERS TO RENT THE PROPERTY FOR OVERNIGHT STAYS WITH A 12 HOUR MINIMUM, BUT LESS THAN 30 DAYS, AND STATES THAT YOU CANNOT TURN YOUR PROPERTY TO COMMERCIAL EVENT SPACE. THE NEXT SLIDE IS THE SITE PLAN FOR THE PROPERTY THAT WAS PROVIDED AT THE TIME OF PERMIT APPROVAL THAT STATES A MAXIMUM OF SIX GUESTS ALLOWED. THIS IS THE SUBJECT PROPERTY AND THE SURROUNDING AREAS. AS YOU CAN SEE, IT'S ALSO IN A RESIDENTIAL ZONING DISTRICT. THIS IS THE APPLICANT'S LISTING FROM PEER SPACE WHERE IT ADVERTISES A MAXIMUM OF 20 PEOPLE OUTSIDE. CATERING IS ALLOWED AND A REVIEW FROM A CUSTOMER WHO USED THE PROPERTY AS AN EVENT SPACE FOR A PHOTO SHOOT IN SEPTEMBER OF 2022. STAFF RECOMMENDS DENIAL AND BO O A DASH 23 DASH 0 3 0 0 180 4 BASED ON THE FOLLOWING FINDINGS OF ACT. THE ORDINANCE REQUIRES THE STAFF REVOKE THE PERMIT FOR THE VIOLATION DESCRIBED IN THIS PRESENTATION. AND TWO, THE OWNER OF THE SHORT-TERM RENTAL PERMIT VIOLATED THE S T R ORDINANCE BY ADVERTISING THE PROPERTY FOR A COMMERCIAL EVENT SPACE IN VIOLATION OF THE S T R ORDINANCE. 41 NOTICES WERE MAILED OUT, ZERO IN FAVOR, ZERO IN OPPOSITION, AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET. THIS CONCLUDES STAFF PRESENTATION AND THE APPLICANT IS HERE TO ANSWER ANY QUESTIONS. ARE THERE ANY QUESTIONS FOR STAFF? RIGHT. QUESTIONS. COMMISSIONER MANNA. SO, UM, DO WE KNOW IF THERE WAS ANY, UM, UM, RENTALS THAT WERE, THAT OCCURRED ACCORDING TO THIS PARTICULAR TYPE OF CONTRACT? [00:40:02] WHAT WE HAVE CONFIRMED IS THAT A, A CUSTOMER DID USE THE EVENT AS A PHOTO SHOOT BASED ON THE REVIEW LEFT ON SEPTEMBER, 2022. THANK YOU. OKAY. ANYONE ELSE? ALL RIGHT. HEARING NONE, WE'LL HEAR FROM THE APPLICANT NOW. THANK YOU. UM, AS I'M SORRY WE LOWERED IT FOR YOU, UM, AS THE PREVIOUS PROPERTY. UM, I KNOW THAT YOU'VE ALREADY STATED YOUR NAME, BUT WE HAVE TO DO, OH, APOLOGIZE. CEDRIC TREVINO, MY WIFE, CANDACE TRICE TRINO, UM, AS A PREVIOUS PROPERTY, UM, THAT WE JUST HEARD, I, I ASKED THAT THE BOARD VOTE SIMILARLY, UM, FOR THE SAME REASONS. UM, ACTUALLY, THIS REVIEW IS FROM, UH, A PHOTO SHOOT THAT WAS NOT FOR MY PROPERTY. UM, I RENTED A PROPERTY FOR A PHOTO SHOOT, UM, FOR OUR OWN SHOOT. I DON'T EVEN BELIEVE WE'VE RENTED THIS PROPERTY FOR THIS SHOOT THROUGH THIS PHOTOGRAPHER DID WELL, SAYS WE DID. YEAH. I I DO NOT EVEN REMEMBER US DOING A PHOTO SHOOT AT THIS PROPERTY. OUR PROPERTY MANAGER MIGHT HAVE APPROVED THIS, UH, TWO YEARS AGO. OKAY. IT'S, UM, BUT AS SEPTEMBER, 2022. OKAY. AS AS MENTIONED BEFORE, AS SOON AS WE RECEIVED INFORMATION ABOUT THIS LISTING, WE WENT AHEAD AND DELETED THE LISTING, REMOVED THE PROPERTY FROM PEER SPACE, UM, AND ARE NOT ADVERTISING IT AS COMMERCIAL SPACE ISN'T. UH, SO, UM, A QUICK QUESTION. DON'T YOU ACTUALLY HAVE, ACTUALLY HAVE RENTED IT, THE, THE, THE PROPERTY THROUGH THE SPACE TO EVEN BE ABLE TO LEAVE A REVIEW? UH, YES, SIR. I WOULD BELIEVE SO, BECAUSE THIS IS DATED SEPTEMBER 17TH, 2022. SO THAT WAS, YOU KNOW, TWO YEAR AND A HALF AGO. YEAH. LIKE 10 MONTHS AGO. YES, SIR. AND SO IT'S, IT'S, IT'S, IT APPEARS THAT 10 MONTHS AGO, THIS GENTLEMAN, YOU KNOW, APPARENTLY RENTED IT FOR A PHOTO SHOOT. UM, SO I JUST WANT, IF THERE'S ANYTHING YOU'D LIKE TO REMARK UPON THAT BEFORE I GO MOVE ON TO THE NEXT COMMISSION? NO. IF, IF IT WAS RENTED FOR A PHOTO SHOOT, THEN UH, OUR PROPERTY MANAGER APPROVED THAT. OKAY. ANY OTHER COMMISSIONER QUESTIONS? YEAH. WELL, COMMISSIONER KAPLAN. WELL, IF YOU'RE TELLING YOU, LAST TIME YOU TOLD US THAT NEITHER ONE OF THE PROPERTIES HAVE EVER BEEN RENTED THROUGH THIS, CORRECT? YES. NOW WE'RE FINDING OUT THAT THIS PROPERTY HAD BEEN, IT HAS BEEN. AND YOU'RE TELLING US THAT THE REASON IS, IS THAT THE PROPERTY MANAGER DID IT. HOW DO WE KNOW THAT THE PROPERTY MANAGER HASN'T DONE OTHER THINGS? AND SO THE USE SPACE IS STILL BEING USED ILLEGALLY? WELL, I'VE REMOVED, I PERSONALLY HAVE, HAVE REMOVED THE, THE EVENT FROM, UH, THE LISTING FROM THE SPACES I PERSONALLY HAVE. I HAVE CONTROL OF THAT. OKAY. SO, UM, ANY OTHER COMMISSIONER QUESTIONS? COMMISSIONER BRAGMAN? UM, SO WOULD YOU NOT HAVE RECEIVED REVENUE FROM THIS RENTAL? UH, YES. WE WOULD'VE RECEIVED REVENUE IF IT WAS RENTED. YES, MA'AM. OKAY. SO YOU, SO THERE IS DEF YOU, YOU HAVE A PROPERTY MANAGER ON THIS SITE RIGHT NOW? THIS PROPERTY, RIGHT? NOT PHYSICALLY LOCATED. UM, BASICALLY LIKE A VIRTUAL ASSISTANT THAT SOMETIMES HANDLE SOME OF OUR REQUESTS ON AIRBNB. OKAY. BUT HE, WHAT, WHAT SORT OF MANAGERIAL DUTIES DOES HE HAVE? UH, CLERICAL ADMINISTRATIVE. YEAH. OKAY. DO YOU, WAS WAS HE THE ONE THAT MADE THE AD? NO, I MADE THE ACT. OKAY. ALRIGHT. ANY OTHER QUESTIONS? ALL RIGHT. HEARING NONE. UM, THANK YOU VERY MUCH. STAFF, IS THERE ANY PUBLIC COMMENTARY OR VOICEMAILS? NO PUBLIC, NO PUBLIC COMMENT. ALL RIGHT. IF Y'ALL LIKE TO TAKE A SEAT, WE'RE GONNA, DO WE THINK ABOUT IT? I'LL GIVE THE MOTION. COMMISSIONER KAPLAN. OKAY. REGARDING CASE NUMBER BO BOA DASH 23 103 0 0 180 4. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE APPEAL FOR THE PROPERTY SITUATED AT 9 0 3 1 MOUNTAIN FIELD DRIVE APPLICANT BEING CEDRIC TREVINO BECAUSE THE INFORMATION PROVIDED BY THE APPLICANT SHOWS THAT CITY STAFF MADE AN ERROR IN REVOKING THE SHORT TERM RENTAL PERMIT. OKAY. IS THERE A SECOND? SECOND. SECOND BY COMMISSIONER ZUNIGA. COMMISSIONER KAPLAN? YEAH. UH, WELL, NOW THAT I, WE'VE GOTTEN THIS OTHER INFORMATION THAT THE PROPERTY HAS BEEN USED AS, UM, A SHORT AS A, UH, PHOTO SHOOT, I WILL NOT BE SUPPORTING THIS SINCE IT HAS NOT BEEN USED AS IT SHOULD HAVE BEEN USED. COMMISSIONER ZUNIGA, SAME. SAME. ALL RIGHT. ANY OTHER COMMISSIONERS LIKE TO ADD? ALL RIGHT. HEARING NOW, LET'S HAVE A ROLL CALL. VOTE PLEASE. MS. KAPLAN? I AM NOT IN FAVOR. [00:45:02] MR. ZUNIGA? NO. MR. SPIELMAN? NO. MR. MENCHACA? NO. MR. DEAN? I DO NOT CONCUR. MR. CODDLE CONCUR. MR. MANNA, I DO NOT SUPPORT MS. BRAGMAN. I DO NOT CONCUR. MR. OZUNA? I DO NOT CONCUR. MR. RAMOND? DO NOT CONCUR. CHAIR ORIAN. AND I ALSO DO NOT CONCUR. A MOTION FAILS 10 TO ONE. UH, PLEASE GET AS BEFORE MR. CHAIRMAN, GET WITH STAFF. UH, YES. COMMISSIONER, CAN WE GO AHEAD AND, UH, DO EIGHT? UH, IS THERE A PARTICULAR REASON? NO. WELL, I MEAN, WE GOT THE WHOLE STAFF AND WENT. YEAH, WE ONLY DID THESE TWO BECAUSE WE HAD RECUSAL AND THERE WAS A FEAR THAT WE MIGHT DROP BELOW NINE AS WE MOVE FORWARD. AND THEN SINCE IT WAS THE SAME APPLICANT, BUT, UH, WE'RE GONNA STAY ON THE AGENDAS HERE. ITEM NUMBER TWO? YEAH. ONE WAS POSTPONED. OH, CASE ENDING IN 1 1 2. GOOD AFTERNOON. AGENDA ITEM TWO, UH, BO O A 23 1 0 3 0 0 1 1 2. ADDRESS IS 4 3 4 ADAM STREET. COUNSEL, DISTRICT ONE APPLICANT IS JACOB DADDY. A REQUEST FOR A 17 FOOT VARIANCE FROM THE MINIMUM 20 FOOT GARAGE SETBACK REQUIREMENT TO ALLOW OUR GARAGE TO BE THREE FEET FROM THE SIDE PROPERTY LINE AS ZONING IS RM RESIDENTIAL MIXED DISTRICT. THE SUBJECT PROPERTY IS LOCATED ALONG ADAM STREET, NEAR INTERSECTION OF BARBIE STREET. THE APPLICANT WILL BE CONSTRUCTING A GARAGE THAT WILL BE LESS THAN 20 MINIMUM THREE MINIMUM, EXCUSE ME, 20 FEET MINIMUM FROM REQUIREMENT FROM THE SIDE PROPERTY LINE. ACCORDING TO THE SITE PLAN, THE GARAGE IS ANTICIPATED TO BE THREE FEET FROM THE SIDE PROPERTY LINE. UPON SITE VISITS, STAFF OBSERVED GARAGES IN IMMEDIATE AREA GARAGES CONSTRUCTED IN SAN ANTONIO REQUIRED TO MAINTAIN A MINIMUM DISTANCE OF FIVE FEET TO THE SIDE AND 20 FEET BETWEEN THE BACK OF A SIDEWALK OR PROPERTY LINE AND ANY GARAGE ENTRY ASSESSED FROM THE STREET RIGHT OF WAY. THE PROPERTY IS LOCATED WITHIN THE KINGWELL DISTRICT IN EXTERIOR MODIFICATIONS OR NEW CONSTRUCTION WILL REQUIRE APPROVAL FROM THE OFFICE OF O H P ON JULY 20TH, 2023. THE HISTORIC AND DESIGN REVIEW COMMISSION APPROVED A CONCEPTUAL REVIEW OF THE PROPOSAL TO CONSTRUCT A TWO-STORY ACCESSORY STRUCTURE, THREE FEET FROM THE SIDE PROPERTY LINE AND YOUR SITE PLAN AND THE SUBJECT PROPERTY. THIS SIDE OF THE PROPERTY HERE IS WHERE THE GARAGE IS GONNA GO, RIGHT THERE IN THAT EMPTY SPOT THERE. AND THE SURROUNDING AREAS. STAFF RECOMMENDATION, GARAGE SITE SETBACK. STAFF RECOMMENDS DENIAL AND BO O A 23 1 0 3 0 0 1 1 2. BASED ON THE FOLLOWING FINDINGS, THERE ARE NO UNIQUE CIRCUMSTANCES ON THE PROPERTY THAT WOULD WARRANT THE NEED TO, FOR THE REDUCED SITE SETBACK. AND TWO, A THREE FOOT SIDE SETBACK WILL AMPLIFY THE RISK OF FIRE SPREAD AND STORMWATER RAIN RUNOFF ON AN IMPOSED ON A NEIGHBORING PROPERTY NOTIFICATION PLAN. STAFF MAILED OUT 29 NOTICES FOUR IN FAVOR, TWO OUTSIDE OF 200 FEET. AND KING WILLIAM OWNER ASSOCIATION DID NOT RESPOND. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT SHOULD BE AVAILABLE. OKAY, SO I HAVE TWO, UM, UH, QUESTIONS FOR STAFF? YES, SIR. NUMBER ONE, UH, SO THE, WE, THIS IS FOR, UM, THE, THE 20 FEET REQUIRED FROM THE FACE OF GARAGE, BUT YOU HAD MENTIONED THAT THERE WAS A TWO STORY STRUCTURE THAT GOT CONCEPTUAL APPROVAL. IS THERE ALSO A FIVE FOOT REQUIREMENT FOR THE SECOND FLOOR OR FOR THE STRUCTURE IN A HOLE THAT WOULD ALSO APPLY ON THIS? OR IS THIS A SINGLE STORY GARAGE STRUCTURE ONLY? UH, THE VARIANCE IS ONLY FOR THE, UH, ONLY FOR THE GARAGE SETBACK. UM, ALSO, IF I CAN ADD, UM, O H P SENT A, UH, LAST MINUTE STATEMENT, UM, BECAUSE THIS WENT TO THEIR BOARD LAST WEEK. UM, O H P STAFF RECOMMENDS APPROVAL BECAUSE OF HISTORIC DEVELOPMENT PATTERN WITHIN THE DISTRICT, AND THAT THE HISTORIC ACCESSORY STRUCTURE, UH, TYPICALLY DO NOT MEET CURRENT ZONING REGULATION. THEY ARE ALSO STATING THAT THEY RECEIVED, UH, A WILLIAMS ASSOCIATION, UM, IN SUPPORT. SO THEY RE WE HAVE NOT RECEIVED IT, BUT APPARENTLY THEY HAVE FOR THIS PROJECT. OKAY. AND, AND, AND WAS THAT FOR A TWO-STORY STRUCTURE OR JUST FOR A SINGLE STORY GARAGE? THE REASON WHY I ASK IS THAT IF THEY BUILT A TWO STORY STRUCTURE, YOU'D STILL HAVE TO HAVE A FIVE FOOT SETBACK CORRECT. AS AN ACCESSORY STRUCTURE, CORRECT. YEAH, THEY HAVE TO HAVE THE FIVE FOOT SETBACK. AND THEN THE SECOND QUESTION I HAVE IS THAT THIS IS, THIS IS ZONE H H S IS, IS, IS, UH, CAN STAFF TOUCH ON WHAT THE HISTORICAL SIGNIFICANCE FOR THE HSS, UM, WAS THAT REVIEWED OR IS [00:50:01] THAT REVIEWED BY THE H D R C AS PART OF THEIR, THEIR REVIEW OF THE, OF, OF THE, UH, GARAGE? I, I, BECAUSE I, YOU KNOW, WHEN I SEE AN H AND I SEE THE HSS, I JUST WANNA MAKE SURE STAFF CLARIFIES FOR THE COMMISSION THE RAMIFICATIONS OF WHAT THE HSS DOES FOR, UH, THE PERMITTING AND MOVING FORWARD. RIGHT. IT GETS REVIEWED FOR HISTOR, RIGHT. FOR THE HISTORIC, UM, GUIDELINES AS WELL. OKAY. IS THAT, HAS THAT HAPPENED YET? YES, SHE'S SAYING THAT IT WENT TO H D R C FOR REVIEW. OKAY. SO THE H AND THE HSS IS COVERED. IT GOES TOGETHER? YES. OKAY. THANK YOU. ALRIGHT. AND THE, UH, UH, COMMISSIONER KAPLAN, UH, IS, OKAY, I'M LOOKING AT THE PHOTOGRAPH OF, AND I SEE AN ACCESSORY STRUCTURE TO THE LEFT ON ADAM STREET. IS THAT THE ONE THAT WAS, IS THAT THE PROPERTY THAT WAS REVIEWED FOR, UH, THAT WE WERE TALKING ABOUT? THAT'S THREE FEET. AND THAT WAS APPROVED. SEE THIS OVER HERE? NO, THAT'S, THIS IS, WHAT'S THAT? CAN THAT BRING UP THE AERIAL? IS THAT THE ACCESSOR STRUCTURE THAT WAS APPROVED, IS WHAT I'M ASKING. BRING UP THE OTHER ONE. YEAH, SO COMMISSIONER KAPLAN IS ON THE AERIAL. THERE APPEARS TO BE A SMALL SHED OR OUTBUILDING, UH, CAT CORNER TO THE REAR CORNER OF THE STRUCTURE. WAS THAT PART OF THE H C R C REVIEW OR IS THAT JUST A PREEXISTING STRUCTURE? I BELIEVE THAT'S A PREEXISTING, BUT LET'S LOOK REAL QUICK JUST TO MAKE SURE. SO, SO WHAT WE'RE PLANNING TO DO THEN IS PUT ANOTHER GARAGE ALONG BARBIE STREET THEN, RIGHT? SO THAT, THAT EXISTING ONE FROM THE, UM, FROM THE POWERPOINT WAS IS ACTUALLY THE NEXT DOOR ON THE PROPERTY? NEXT DOOR? NO, SHE, OH, OKAY. SO, SO THAT IS NOT ON THERE, RIGHT? IF YOU WANT TO GO TO THE SIDE VIEW, IS THAT ONE RIGHT THERE? COMMISSIONER, CAN YOU USE YOUR MICROPHONE PLEASE? RIGHT. IF YOU BRING UP GOOGLE MAP STREET VIEW, YOU'LL GET A BETTER PICTURE. NO, I'M NOT TALKING ABOUT THAT. SHARON, ON ALONG PATH. CAN, CAN WE, WE CAN'T HEAR OVER HERE. OKAY. LOOK ALONG ADAM STREET, THIS ONE, PULL UP GOOGLE. THERE'S, LET'S BRING UP GOOGLE MAPS. YEAH, GO BRING UP GOOGLE MAPS. THERE'S AN ACCESSORY STRUCTURE ALONG ADAM STREET, UH, BETWEEN THE HOUSE AND, UM, THE HOUSE NEXT DOOR, RIGHT? OH, CURSOR. JUST ON IT. THAT'S WHAT I'M ASKING. WHAT'S THAT? IS THAT THE ONE THAT WAS APPROVED? YEAH. NO, I, I BELIEVE THE APPLICANT PROBABLY BE ABLE TO ANSWER THAT. SO O H P INFORMED US THAT THEY WERE REVIEWING WHAT WAS ON THE VARIANCE, WHICH IS THE, THE GARAGE THAT'S NOT BUILT YET. OKAY. UM, THEY JUST, THEY JUST REVIEWED THEIR PLANS. OH. AND SO IF, IF THIS WERE TO BE APPROVED TODAY AND THEY ATTEMPTED TO BUILD A SECOND STORY, WOULDN'T THEY HAVE TO COME BACK TO US FOR THE FIVE FOOT ON THE SECOND STORY? IT WOULD NOT HAVE TO COME BACK TO Y'ALL. I THINK IF THEY DID NOT SAY THAT TO O H P, BECAUSE RIGHT NOW THEY'RE FINE WITH THE FIVE FEET, UH, REAR SETBACK AS FAR AS ZONING IS CONCERNED. WELL, I'M NOT SURE IF, UH, O H P UH, WELL, THIS MAY BE A QUESTION FOR LEGAL THEN, BECAUSE IF, UH, IF THE APPLICATION IS ASKING FOR A 17 FOOT VARIANCE FROM THE 20 FOOT GARAGE SETBACK, WOULD A SIDE CONSTRUCTION SETBACK BE GRANTED, UH, ALONG WITH THAT? OR WOULD IT HAVE TO BE A SEPARATELY CONSIDERED ITEM IF IT WAS A SECOND FLOOR? IF WELL, YEAH, SO THEY CAN, THEY CAN HAVE, WAS PERMITTED UP TO 35 FEET. UM, NO, NOT THE HEIGHT. I MEAN, ANY STRUCTURE, IF I WANNA BUILD A TWO STORY ACCESSORY STRUCTURE IN MY BACKYARD, I STILL HAVE TO HAVE A FIVE FOOT SETBACK, DON'T I? CORRECT. OKAY. SO RIGHT NOW, WHAT'S BEFORE US IS A 17 FOOT VARIANCE FROM THE 20 FOOT GARAGE SETBACK. WOULD THAT, WOULD THAT GIVE THEM DOWN TO THREE FEET FOR THE SECOND FLOOR OF AN OCCUPIABLE SPACE? FOR AN, FOR AN ACCESSORY STRUCTURE? THEY WOULD, THEY WOULD FOLLOW THE SAME GUIDELINES. THEY WOULD HAVE TO HAVE THAT FIVE FOOT SETBACK, OR THREE THREE. SO THEY'D HAVE TO COME BACK TO US FEE WITH UNLI LIKE A ARCHITECTURAL, UM, UH, BECAUSE IT'S, I, BECAUSE I, I DON'T WANT THIS TO GET CONFUSING WHILE WE'RE DELIVERING THIS. 'CAUSE H D R C AND KING WILLIAM HAS APPROVED AN APPLICATION, WHICH IS WHICH WHICH THEY HAD COMMENTED, WHICH IS WHAT WE ARE HEARING. BUT THEN DURING THE STAFF PRESENTATION, THERE WAS A REMARK THAT THEY GAVE CONCEPTUAL APPROVAL FOR A TWO STORY STRUCTURE, UH, LOCATED THREE FEET APART. THREE FEET AWAY. AND SO I WANTED TO MAKE SURE THAT SHOULD, SHOULD WE BE TALKING ABOUT THAT AS WELL? BECAUSE IT'S ALSO GONNA BE A, A SEPARATE, IT APPEARS TO ME IT WOULD BE A SEPARATE SETBACK, UM, APPLICATION. AM I GETTING MY, I HOPE I'M GETTING MY POINT ACROSS. I'M TRYING TO ASK HERE ARE ARE, ARE YOU SAYING THAT, UH, SO I JUST NEED TO BE CLEAR THAT THERE'S A, IT LOOKS LIKE THERE'S A GARAGE IN THE NEIGHBORING PROPERTY THAT NO, NO, NOT THE N NO. SO WHAT, ANYTIME YOU BUILD A GARAGE, YOU HAVE TO HAVE 20 FEET FROM THE FACE OF THE GARAGE BACK. UNDERSTAND. SO THAT'S WHAT THEY'RE HERE FOR. RIGHT. BUT THEN STAFF MENTIONED THAT THERE WAS A CONCEPTUAL APPROVAL FOR A TWO STORY STRUCTURE UNDERSTAND, WHICH WOULD ALSO BE THREE FEET AWAY. SO DOES THIS VARIANCE THAT DOESN'T GIVE 'EM [00:55:01] THE FI THERE'S A FIVE FOOT SETBACK REQUIREMENT FOR THE STRUCTURE ALREADY. SO, BUT WHAT'S IN FRONT OF US TODAY IS A 17 FOOT VARIANCE ON THE 20 FOOT GARAGE. DON'T THEY ALSO HAVE TO HAVE A SEPARATE SETBACK VARIANCE, EVEN IF IT WASN'T TWO STORIES? I MEAN, SO I THINK, I THINK THE WAY THIS IS WORDED, THE THREE FOOT SIDE SETBACK BECAUSE OF THE SIDE PROPERTY LINE IS ESSENTIALLY THAT THREE FOOT, UH, GARAGE SETBACK. THEY'RE NOT TALKING ABOUT THE REAR, THEY'RE TALKING ABOUT THE SIDE. AND 'CAUSE THEIR APPLICATION DOESN'T INCLUDE THE SECOND STORY TO, IS IT, IS IT THEN GRANT, IF WE WERE TO APPROVE THIS, WOULD IT BE JUST GRANTED AUTOMATICALLY BECAUSE WE'RE GIVING 'EM THREE FEET AND THE HEIGHT IS NOT AS A CONCERN OR THE SECOND LEVEL? CORRECT. YEAH. IT, IT FLOWS THROUGH THE SAME SIDE AS THE, UH, THE, UM, THE GARAGE SETBACK BECAUSE THAT'S MORE RESTRICTIVE. OKAY. I I JUST WANTED TO MAKE SURE TALKING ABOUT THE REAR SETBACK. SORRY. AND I ALSO WANTED, YEAH, I ALSO WANTED TO GO AHEAD ON, ON THIS SI SIDE PLAN. WHAT IS THE DISTANCE BETWEEN, YOU SEE WHERE THE GARAGE, UH, BETWEEN THE HOUSE AND THE PRO AND THE PROPERTY ALONG BARBIE STREET, HOW MANY FEET? WHAT THIS IS ONLY THREE FEET? YEAH, THEY'RE GONNA PUT A GARAGE OPENING THERE. THE, THE INTENT THING THAT WAS AT THIS DISTANCE HERE. OH, COMMISSIONER KAPLAN'S WONDERING WHAT IS THE DISTANCE FROM THE EDGE OF HOME TO THE REAR PROPERTY LINE? THE APPLICANT MAY HAVE TO, YEAH, IT HAS TO BE AT LEAST FIVE FEET, BUT THAT'S NOT WHAT HE REQUESTED. ACTUALLY, THAT'S FOUR, FIVE FEET. YEAH. THE GARAGE HAS TO BE A MINIMUM OF AT LEAST FIVE FEET FROM THE HOUSE TO BE CONSIDERED DETACHED. IS THAT A RULE OR NOT? NO. SAY THAT ONE MORE TIME. HOW BIG IS THIS? IN OTHER WORDS? OKAY, SO THEY'RE ASKING FOR THREE FEET FROM THE PROPERTY LINE TO BUILD THE GARAGE, BUT IT LOOKS LIKE THERE IS WHAT, 20 FEET WIDE, AT LEAST BETWEEN THE HOUSE AND THE PROPERTY LINE. SO I WONDER WHY YOU WOULD NEED TO BUILD THE GARAGE SO CLOSE TO THE PROPERTY LINE? NO, THE, THE, THAT'S WHAT I'M ASKING. THE, THE THREE FOOT, THE THREE FOOT REQUEST IS FROM BARBIE. IT'S NOT FROM THE BACK. IT'S NOT FROM THE NORTH SIDE STREET. IT'S ONLY FROM, IT'S NOT THE REAR THE TIN QUESTION. IT'S THE FROM BARBIE. I SEE. YEAH. WELL THAT'S WHAT WE'RE HERE TO TALK ABOUT. SO IF YOU GO BACK TO THAT. SO LET'S, I FEEL LIKE WE'RE REALLY TAKING, DRAGGING THIS OUT A LITTLE BIT. UM, THAT ONE RIGHT THERE. YEAH. SO YOU SEE THE SPACE APP, THAT'S WHY THEY'RE ASKING FOR 'CAUSE IT'S GONNA GO RIGHT HERE. YEAH, THERE'S A FIVE FEET FROM YEAH, IT'S GONNA GO RIGHT HERE IN THE SPOT. NO, PLEASE, PLEASE BRING UP THE SIDE PLAN SKETCH THAT HAS THE GARAGE WITH THE RED. YEAH. OKAY. SO WHAT'S HAPPENING IS, IS THERE'S A RECTANGULAR GARAGE STRUCTURE THAT'S BEING REQUESTED TO BE BUILT. IT IS GOING TO BE FIVE FEET FROM THE REAR PROPERTY LINE, BUT IT'S REQUESTING TO BE THREE FEET FROM THE BARBIE SIDE PROPERTY LINE, CORRECT? YES. OKAY. CORRECT. AND THIS SITE HAS RECEIVED CONCEPTUAL APPROVAL FOR A TWO STORY STRUCTURE, BUT THEN FULL APPROVAL AS OF YESTERDAY FOR A GARAGE STRUCTURE ONLY, CORRECT. OR NOT CORRECT FROM THE H D R C. HE'S GONNA REREAD THE, JUST TO CONFIRM. YEAH. O P RECOMMENDATION APPROVAL BECAUSE OF THE HISTORIC PATTERN. UH, UH, JUST KEEP IN MIND THAT THE WAY OUR MOTIONS ARE SET UP, IT'S, IT'S TO ALLOW A GARAGE TO BE WITHIN THREE FEET. IF THE INTENT IS TO BUILD A SECOND STORY ABOVE IT, I DON'T KNOW IF THAT WOULD BE A PART OF WHAT WE'RE DELIBERATING OR DECIDING UPON TODAY. WHY CAN'T , THEY CAN. SO LET'S BRING THE APPLICANT UP. OKAY. GET THEM STARTED ON THIS. PLEASE STATE YOUR NAME AND STAFF MAY INTERJECT WITH SOME ADDITIONAL INFORMATION DURING YOUR, HELLO, MY NAME IS JACOB DADY AND I LIVE AT 4 34 ADAMS. AND A COUPLE THINGS. THE RECTANGLE IS NOT TOO, UH, IT'S NOT CORRECT. NOT THIS BIG. IT'S NOT CLOSE TO THE HOUSE LIKE YOU OR IT'S NOT, THERE'S FIVE FEET BETWEEN THE BACK FENCE LINE AND WHERE THE GARAGE STARTS. I AM APPLYING FOR A 17 FOOT VARIANCE FROM MY PROPERTY LINE, WHICH IS THE SIDEWALK THREE FEET BACK. UM, IT IS A TWO CAR WITH THE SECOND LEVEL. SO I THINK IN ORDER TO HAVE THE SECOND LEVEL, I HAVE TO BE FIVE FEET OFF OF THAT BACK PROPERTY LINE, WHICH IS WHAT I'M DOING. THAT IS NOT TO SCALE. IT ACTUALLY COMES CLOSER TO MY HOUSE. I DIDN'T, I DON'T KNOW WHO DID THAT, BUT THAT'S NEITHER HERE NOR THERE. THERE IS 10 FEET BETWEEN MY HOUSE AND WHERE THE GARAGE APARTMENT WOULD START THE EDGE. OKAY. AND THEN THERE'S EIGHT FEET BETWEEN THE RIGHT SIDE AND THAT FENCE LINE THAT THEY SAW WITH THE LITTLE RED GARAGE THAT IS THE BACK OF MY NEIGHBOR'S. THE OTHER, UM, THAT ONE, RIGHT. THERE'S EIGHT FEET WHERE THE GARAGE WILL START CURRENTLY IF I GET APPROVED, UM, BETWEEN THAT FENCE [01:00:01] LINE AND WHERE THE GARAGE WILL START. SO IT'S NOT ON TOP OF THAT PROPERTY LINE. RIGHT. AND THAT BEING SAID, THE OTHER UNIT THAT YOU SAW ON GOOGLE EARTH IS JUST LIKE A TOOL SHED. IT'S NOT A GARAGE OR ANY YEAH, THAT ONE RIGHT THERE, IT WAS A PRE-EXISTING UNIT. WHEN I BOUGHT THE HOUSE, IT WAS ALREADY THERE. IT'S JUST LIKE WHERE I HOUSE A LAWNMOWER AND THINGS OF THAT NATURE. SO I'M GONNA JUMP IN REAL QUICK. YES. WHEN YOU WENT TO THE H D R C, YOU PRESENTED A GARAGE WITH A SECOND LEVEL LIVING SPACE. 100%. THEY HAD, AND YOU HAVE THAT THEM DRAWINGS FROM AN ARCHITECT WITH THE SITE PLAN WHERE IT WAS DROPPED DOWN IN SHOWING THE 10 FEET AND THE EIGHT FEET. I HAD MY MEETING ON THE 19TH, OR MY APPROVAL MEETING ON THE 19TH. AND LIKE HE WAS SAYING, IT GOT APPROVED CONCEPTUALLY, DEPENDING ON THE VARIANCE THAT I'M ASKING FOR TO THE FRONT OF THE GARAGE. OKAY. SO THE, THE, THE ISSUE THAT WAS RAISED WAS THAT THERE'S A PROVISION OF THE U D C THAT REQUIRES GARAGES TO BE 20 FEET AWAY FROM, UM, A PROPERTY LINE WHEN YOU'RE ACCESSED OFF A RIGHT OF WAY. AND SO THIS IS, WE'RE HEARING FOR A 17 FOOT VARIANCE OF EFFORT TO BE THREE FEET, CORRECT? THAT'S CORRECT. THE, THE SECOND FLOOR LIVING SPACE ALSO HAS TO BE FIVE FEET AWAY FROM THE SIDE PROPERTY LINE. AND I WANTED TO MAKE SURE THAT THAT, SHOULDN'T THAT ALSO BE INCLUDED AS A SPECIFIC, AS A SPECIFIC SECOND VARIANCE TO THE REQUEST? WELL, I I DON'T NEED A VARIANCE BECAUSE I'M DOING EIGHT FEET. CORRECT. YOU, SO YOUR SECOND LEVEL'S GONNA BE EIGHT FEET AWAY FROM THE BARBIE STREET RIGHT OF WAY. I'M SORRY, I THINK YOU SAID THE SIDE PROPERTY LINE. WELL, BARBIE IS THE SIDE. I'M, I'M TALKING ABOUT THE HOUSE BEHIND ME. I'M SORRY. I'M, I'M, YEAH. UH, STANDBY SIR. UH, SO THE, THE RE THE MORE RESTRICTIVE VARIANCE IS THE GARAGE BECAUSE IF YOU, THE BOARD APPROVES THE GARAGE, THAT MEANS THE ENTIRE, THAT SIDE WILL BE ABLE TO HAVE THE THREE FEET UP TO THE HEIGHT THAT THEY'RE PERMITTED. YEAH. AND I, AND, AND I'M, AGAIN, I'M ONLY BRINGING THAT UP BECAUSE THE PROVISION OF THE U D C THAT REQUIRES A 20 FEET IS A COMPLETELY SEPARATE CODE THAN THE SETBACK REQUIREMENTS IN TABLE THREE 10. CORRECT. SO, SO I JUST WANTED TO MAKE SURE IT DIDN'T HAVE TO BE TWO DIFFERENT VARIANCES. AND O H P DID CONFIRM THAT THE CONCEPTUAL APPROVAL WAS FOR A TWO STORY STRUCTURE. OKAY. GARAGE. I WANNA KNOW COMMISSIONER KAPLAN, HOW MANY, OKAY, SO IT LOOKS LIKE, LIKE YOU WANNA DO THREE FEET FROM BARBIE STREET, CORRECT. BUT IT LOOKS LIKE YOU'VE GOT PLENTY OF ROOM IN THAT BACKYARD TO HAVE PUT IT THE WHOLE WAY BACK. YOU COULD YOU, WHY COULDN'T YOU BUILD IT 20 FEET BACK? BECAUSE THE WAY IT IS SHOWN NOW IS LONG AND SKINNY. RIGHT. THAT'S NOT TO SCALE. IT'S BIGGER THAN THAT BECAUSE THAT'S NOT, SO IT WOULD COME ON TOP OF MY HOUSE. AND I, IF YOU LOOK AT THE GOOGLE IMAGE SHIRT, I HAVE LIKE A CONCRETE OR A, A BRICK STRUCTURE IN THE BACK THAT WOULD, IT WOULD GO, I'M SORRY. UM, LIKE IT'S GONNA COME OVER HERE WITHIN 10 FEET OF MY HOUSE. IT'S NOT GOING TO BE RIGHT, BUT BACK GOING IN THE BACK, BACK HERE. YEAH. WALK IN, GO FIRST BACK. WELL, BECAUSE I HAVE A, A, A, UH, BRICK STRUCTURE RIGHT HERE IN THE MIDDLE OF THE YARD. AND ALSO IF I, IT, IT, IT DOESN'T GO BACK LIKE, I DON'T KNOW THIS REALLY JUST, YEAH. SEE HERE. SO IF I GO BACK 17 FEET, IT'S GOING TO BE RIGHT HERE. AND THERE'S, LISTEN, THERE'S OBVIOUSLY MULTIPLE REASONS. I, I MEAN, FULL DISCLOSURE, I HAVE THREE CHILDREN WHO ARE ALL UNDER THE AGE OF 12 AND UNDER WHO LIKE, ENJOY THE BACKYARD AT SOME LEVEL. I DON'T WANT, OVER ON THIS SIDE, I CAN'T BUILD THE YARD. 'CAUSE I HAVE MY AC UNITS, I HAVE THAT OTHER STRUCTURE. I DON'T WANT TO COMPLETELY, UM, DISREGARD MY WHOLE, THIS ISN'T, NONE OF, NONE OF THIS CAN REALLY GO ANYWHERE. UM, IT WOULD COME ON TOP OF THIS. SO, AND IT WOULD COMPLETELY MOVE BACK. FIVE MORE FEET. COMMISSIONER, CAN YOU PLEASE USE YOUR MICROPHONE? I'M SORRY. COULD YOU MOVE YOUR GARAGE? COULD YOU MOVE THAT GARAGE BACK ANOTHER FEW FEET, LIKE YOU'RE SAYING, AS OPPOSED TO THREE FEET. DO FIVE FEET, I MEAN EIGHT FEET. LISTEN, I'M HERE. OH, THERE'S THE CONCEPTUAL RIGHT THERE. SO THAT'S WHAT IT LOOKS LIKE RIGHT THERE. UM, AND YOU MAKE IT BIGGER. AND I, I, I ALSO WANT TO JUST STATE FOR THE RECORD THAT ONE OF THE MAIN REASONS THAT I WOULD LIKE TO BUILD THIS GARAGE IS, I DON'T KNOW IF ANYBODY LIVES IN KING WILLIAM. IF YOU DO, I'M ASSUMING THERE'S, THERE'S BEEN A RASH OF BREAK-INS. MY CURRENT VEHICLE IS IN THE SHOP RIGHT NOW. 'CAUSE MY, HE HEADLIGHTS, OR MY TAILLIGHTS, I'M SORRY, HAVE BEEN STOLEN TWICE IN THE LAST SIX MONTHS. MY WIFE'S CAR HAS BEEN BROKEN INTO FOUR TIMES. AND PLUS I JUST THINK IT'S GOOD FOR THE NEIGHBORHOOD TO GET THE CARS OFF OF THE STREET. BUT THAT IS, I, I WAS LUCKY ENOUGH TO MOVE INTO KING WILLIAM AT THE BEGINNING OF COVID AND WE FELL IN LOVE. WE WERE RENTING THE HOUSE AT FIRST, SO WE'D HAD NO PLANS TO DO ANYTHING. WE ENDED UP BUYING THE HOUSE AND NOW IT'S LIKE, I NEED TO DO SOMETHING. I CAN'T JUST KEEP PUTTING MY CARS GETTING BROKEN INTO. LIKE, I THINK IF YOU LOOK AT WE ARE SOUTH TOWN PAGE, THERE WAS 10 CARS BROKEN INTO THREE NIGHTS AGO. AND I JUST WANT TO DO MY BEST FOR THE NEIGHBORHOOD TO BUILD A STRUCTURE THAT FITS IN [01:05:01] WITH THE TIME PERIOD OF MY CURRENT HOUSE. WHICH IS WHY O H P APPROVED ME CONCEPTUALLY. WE'RE MATCHING THE ROOF, WE'RE MATCHING THE PITCH. WE'RE DOING EVERYTHING WE CAN TO BE STEWARDS OF THE NEIGHBORHOOD OKAY. AND DO THE RIGHT THING. OKAY. UM, STAFF DID, DID TRAFFIC CHIME IN IF THERE WAS ANY CLEAR VISION ISSUES? 'CAUSE IT LOOKS LIKE THERE'S AN GARAGE NEXT DOOR. A FENCE. I, IS THERE ANY SORT OF A CLEAR VISION ASPECT OF THIS? THAT THAT MAY BE, THERE'S, THERE'S NO NEW FENCE GOING UP, SO THERE'S NO, UH, CLEAR VISION THAT HAD TO BE ADDED ON HERE. ONE MORE THING, I'M SORRY TO, I'M SORRY. UM, I, I WENT THROUGH THE NEIGHBORHOOD AND I HAVE PICTURES OF 17 HOMES IN THE NEIGHBORHOOD THAT HAVE THEIR GARAGE APARTMENT CLOSER THAN THE 20 FEET. SOME WHICH SURE. ARE DIRECTLY ONTO THE SIDEWALK. NOT ALL. SO JUST SO, JUST SO YOU KNOW, YES. UM, THIS BOARD LOOKS AT, YOU KNOW, THE VARIANCES TO THE CODE. YES, SIR. I BROUGHT UP CLEAR VISION BECAUSE IT'S A SAFETY THING. YEAH. UH, I ALSO BROUGHT UP THE ISSUE OF THE SECOND LEVEL STRUCTURE BECAUSE THAT'S ALSO, UM, UH, IT COULD BE A FIRE ISSUE THAT WE WANT TO HEAR ABOUT. AND I, AND I WAS A LITTLE CONFUSED ABOUT HOW YOU'RE MOVING FORWARD WITH THIS VARIANCE. AND SO THAT'S, IS THERE ANY OTHER COMMISSIONER QUESTIONS? COMMISSIONER BRAGMAN BRAG. UM, IS THE EXTERIOR GONNA BE MADE WITH FIRE, UH, PROOF MATERIAL? THE, THE STRUCTURE THAT YOU'RE BUILDING? YES, MA'AM. WE'RE GOING THROUGH EXACT, WE ARE FOLLOWING THE H D R C CODE TO THE T OR I WON'T GET APPROVED. THEY HAVE SENT ME A LIST OF THINGS THAT I HAVE TO FOLLOW IN ORDER TO GET APPROVED. AND ONE OF THEM INCLUDES FIRE. WHAT'S THE WORD FOR IT? I BELIEVE THAT TO BE THE CASE, BUT I CANNOT STAND HERE A HUNDRED PERCENT AND TELL YOU I DON'T, I'M NOT AN ARCHITECT. BUT STAFF, WOULD THAT BE A REQUIREMENT FROM A O H P TO HAVE FIRE? I'M NOT SURE ABOUT THE O H P REQUIREMENT, BUT THE, UM, THE FIRE REQUIREMENT RATING FOR, UM, THE STRUCTURE WOULD BE BASED ON THE SITE BACK ON THE SETBACK FOR THE BUILDING REVIEW. THE BUILDING PERMIT REVIEW. SO IF, IF IT WAS, IF WE ALLOWED THREE FEET OR FIVE FEET, WOULD THAT TRIGGER FIRE RETARDANT THE FOOT? THE THREE FOOT WHEEL? YES, MA'AM. OKAY. SO IF IF IT'S APPROVED AND YOU'RE GRANTED THREE FEET, THEN YOU'RE GONNA BE REQUIRED TO HAVE FIRE RETARDANT MATERIALS THAT IT'S BUILT OUT OF. I UNDERSTAND. THANK YOU. OKAY. BUT I'M BRINGING THAT UP 'CAUSE THAT OBVIOUSLY IS AN ADDITIONAL EXPENSE IT'LL COST. YES. AS OPPOSED TO IF IT, IT WAS FIVE FEET AWAY, THAT THAT REQUIREMENT WOULDN'T BE, I COULDN'T SAY FOR SURE BECAUSE WE DON'T REVIEW FOR BUILDING, BUT YES, CORRECT. BASED ON FIVE FEET, IT DOESN'T HIT THE THRESHOLD. THREE FEET DOES HIT THE THRESHOLD. SO IT IS FIVE FEET DOABLE FOR YOU? I MEAN, I'M HERE TO GET APPROVED. SO IF LIKE, IF PUSH COMES TO SHOVE, I'M GONNA SAY YES, IT WOULD BE THE LEAST OF MY PREFERENCE, BUT I'M NOT, I'LL BE VERY APPRECIATIVE OF THAT EITHER WAY, BECAUSE I WANT TO GET IT BUILT. DEAN, I'M WONDERING IF ANY OF THE OTHER COMMISSIONERS HAVE, WE'LL SEE THOUGHTS. YEAH. COMMISSIONER, DEAN, WHERE EXACTLY ARE THE UTILITIES ON THE SITE? I'M TRYING TO UNDERSTAND, UH, WHERE EXACTLY THE HIGH VOLTAGE IS OR THE TRANSFORMERS OR ANYTHING THAT WOULD BE A CONSTRAINT ON THE PROPERTY. UH, THERE'S NONE KIND OF BACK WHERE THE GARAGE IS GOING TO BE, UH, BUILT. THE, THE HIGH VOLTAGE IS AT THE FRONT OF THE PROPERTY LINE. UM, IT LOOKS LIKE THERE'S THREE PHASE RUNNING ALONG, UH, ADAMS ON HIS SIDE OF THE PROPERTY, IT LOOKS LIKE THERE'S ELECTRIC RUNNING ON THE OPPOSITE SIDE OF BARBIE. AND IT LOOKS LIKE THERE'S DATA AND COMMUNICATIONS ON HIS SIDE OF BARBIE. YEAH. MANNA COMMISSIONER MANNA. SO, UM, LET'S SEE. ONE CLARIFICATION FROM THE CITY ON ONE THING. SO, SO WHEN YOU WERE TALKING ABOUT THE FIRE RATING, THAT WOULD BE IF IT WAS WITHIN THREE FEET OF THE BACK HOME OF THE LOT LINE AND NOT THE SIDE LINE NECESSARILY IF IT'S ADJACENT TO A STREET. IS THAT CORRECT? CORRECT. OKAY. SO, SO, OKAY. UNDERSTOOD THAT. OKAY. UM, SECOND THING IS, UM, IF YOU GO INTO PRESENTATION AND IT SHOWS THE, UH, NEIGHBORING PROPERTY, UH, WITH THE GARAGE, SO THAT APPEARS TO BE ABOUT FIVE FOOT THERE, UM, ON YOUR NEIGHBOR'S PROPERTY. RIGHT? I BELIEVE THAT TO BE IT'S SOMEWHERE BETWEEN FOUR TO YEAH, YOU'RE PROBABLY, SO, SO I GUESS THE QUESTION YOU HAVE FOR CONSISTENCY, ONE OF THE THINGS THAT WE ALWAYS LIKE TO SEE IS CONSISTENCY. YEAH. SO, SO YOU KNOW, TO ME THAT WOULD LOOK, YOU KNOW, MORE CONSISTENT THERE VERSUS BEING CLOSER TO IT. AND THAT'S ONE OF THE THINGS I WOULD CONSIDER, I THINK. OKAY. YEAH. I LIKE, I GOT, THERE'S SOME THAT ARE RIGHT ON THE CURB LINE. THERE'S, THERE'S PLENTY OF THESE THAT ARE SOMEWHERE BETWEEN THREE AND, YOU KNOW, FIVE AND A HALF FEET OR SOME, I DON'T KNOW EXACTLY WHAT THAT IS, BUT IT'S, YOU'RE PROBABLY PRETTY CLOSE. COMMISSIONER UNA. YEAH, JUST IF YOU COULD SUBMIT THE PICTURES FOR PUBLIC RECORD. OF COURSE. YEAH. WE COULD JUST PASS 'EM AROUND. WE DON'T NEED TO DISPLAY 'EM OR, [01:10:02] ALRIGHT. ANY OTHER QUESTIONS? DO YOU STILL HAVE THE, UH, CHILD PLAY SET IN THE BACKYARD THAT SHOWS UP ON GOOGLE MAPS? NO, SIR. OKAY. THAT THE BRICK STRUCTURE IS THERE NOW. CHAIRMAN? YES. COMMISSIONER MITCHELL. THE SECOND STORY ISSUE IS NOT AN ISSUE. WELL, THAT'S WHAT I WAS, I WAS ASKING BECAUSE I, I, UH, I JUST REALLY WANTED TO MAKE SURE, AND I'M SURE I, I PROBABLY BEAT IT TO DEATH, BUT STAFF HAS SAID THAT THEY COULD USE A MORE, MORE STRINGENT, SO IF WE GIVE THEM THREE FEET, GIVE 'EM FIVE FEET, THAT'S GONNA SET IT FOR THE SECOND FLOOR. SO MAY I ASK ONE QUESTION? YES. JUST 'CAUSE I WANNA MAKE SURE THAT I'M UNDERSTANDING CORRECTLY IS, AND IT PROBABLY GOES TO THE YOUNG LADY OVER THERE, UM, THE THREE FEET FOR THE FIRE, UH, I GUESS THRESHOLD OF WHERE I HAVE TO DO IT. IS THAT FROM THE PROPERTY LINE ON BARBIE OR IS IT THE THREE FEET FROM THE, THE SIDE PROPERTY? EITHER OR THREE FEET FROM THE, IT'S EITHER ANY ONE OF 'EM. YEAH. OKAY. THANK YOU. THAT'S ALL I WANTED TO KNOW. COMMISSIONER MINKA? I HAVE ONE MORE FOR YOU, SIR. YES, SIR. UH, IF YOU'RE GONNA BE NEXT TO THAT OLD FENCE, AND IT LOOKS LIKE THE ELEVATION IS, UH, TOWARD THE STREET GOING DOWN. SO THERE'S NOT AN ISSUE THAT THE RAINWATER WILL COLLECT ON THAT SIDE. IT'LL RUN AWAY TOWARD THE FRONT OF THE PROPERTY. THERE'S NOT A GUTTER NEEDED SINCE YOU PUT IN A METAL ROOF. MY, MY CURRENT, UH, METAL ROOF HAS GUTTERS, BUT THERE IS NOT A, THE ELEVATION HAS THE RUNOFF CURRENTLY THE WAY IT'S SITUATED TO HAVE THE RUNNER RUNOFF WATER RUNOFF. WHICH DIRECTION DOES THE WATER RUNOFF TO IT KIND OF, I MEAN, IT GOES BOTH OR WILL IT, WILL IT BASED UPON THE PLANS? YEAH, IT'LL BE BASED CON ON WHERE IT COMES OFF AND IT'LL BE BASED ON WHERE THE BUILDING EVENTUALLY SITS, WHETHER IT'S THREE FEET OR FIVE FEET OR, BUT YOUR BUILDING IS GONNA BE FIVE FEET OR MORE FROM THAT, FROM THE FENCE WITH YOUR NEIGHBOR. CURRENTLY IT'S SET UP AS EIGHT FEET FROM THEIR PROPERTY LINE AND THEN 10 FEET FROM THE EDGE OF LIKE, WHERE MY CORNER COMES FROM. RIGHT. IT KIND OF, THE HOUSE KIND OF COMES OUT A LITTLE BIT IN THE BACK, BUT THE MAIN PORTION, 'CAUSE I KNOW THAT IT HAS TO BE A BARE MINIMUM OF FIVE FEET FROM THAT FENCE LINE IF I'M DOING A SECOND STORY FROM UNDERSTAND. YEAH. THE ONLY, AND THE ONLY THING THAT'S BEFORE US IS, IS WHETHER OR NOT HE, HE CAN EXIST THREE FEET AWAY FROM FROM BARBIE PROPERTY LINE. DO YOU AMEND IT TO, SO IT'S, IS UH, IS THERE ANY PUBLIC COMMENTARY YOU WANT SEND HIM TO SPEAK ONE VOICEMAIL? LET'S HEAR IT. HI, MY NAME IS MARIA BERGER. I'M CALLING, UM, ABOUT CASE NUMBER B O A 2 3 1 0 3 0 0 1 1 2. AND WE LIVE AT 5 0 2 ADAMS STREET NEXT DOOR TO THE HOUSE THAT ONCE THE GARAGE, WE HAVE NO PROBLEM. THAT WOULD BE ABSOLUTELY FINE WITH US. AND, UM, I THINK THAT'S ALL I NEED TO LET YOU KNOW. UM, THANK YOU. I HOPE I MADE IT IN TIME. BYE. WELL, THAT'S ALL THE PUBLIC. ALL RIGHT, WELL I, IF THERE'S, IF UNLESS THERE'S ANYTHING ELSE, WE'RE GONNA ENTERTAIN A MOTION. SO IF YOU'D LIKE TO, YOU CAN JUST HAVE A SEAT. YOU CAN HAVE A SEAT. UH, COMMISSIONER ZUNA. GOOD. OKAY. REGARDING CASE NUMBER BO O A DASH 23 DASH 0 3 0 2, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A 17 FOOT VARIANCE FROM THE MINIMUM 20 FOOT GARAGE SETBACK REQUIREMENT TO ALLOW A GARAGE TO BE THREE FEET FROM THE SIDE PROPERTY LINE SITUATED AT 4 3 4 ADAM STREET. APPLICANT BEING JACOB DADDY. 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 AN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRACT TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY RES, UH, RESTRICTED SETBACKS. TO PROVIDE SPACING BETWEEN PROPERTY LINE AND STRUCTURES, THE APPLICANT IS REQUESTING A VARIANCE OF THE SIDE STEP BACK TO ALLOW A GARAGE TO BE THREE FEET FROM THE SIDE. PROPERTY LINE STAFF FINDS THAT THIS DISTANCE IS SUITABLE AS IT WILL NOT IMPOSE ON THE PUBLIC INTEREST OF THE ADJACENT NEIGHBOR BE BY BEING TOO CLOSE TO THE SHARED PROPERTY LINE. WATER RUNOFF WILL NOT IMPOSE IN RISK OF FIRE SPREAD IS MITIGATED. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE SPECIAL CONDITION FOUND ON THE PROPERTY IS A LIMITED YARD SIDE, UH, LIMITED SIDE YARD SPACE FOR EGRESS AND INGRESS. IF THE LITERAL ENFORCEMENT OF THE ORDINANCE WAS APPLIED, THE APPLICANT WOULD NEED TO ABIDE BY THE 20 FOOT GARAGE SIDE SETBACK REQUIREMENT THAT [01:15:01] THIS WOULD RESULT IN UNNECESSARY HARDSHIP AS THE GARAGE SQUARE FOOTAGE WOULD BE REDUCED. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE WILL, IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. IN THIS CASE, THE, THE, UH, INTENTION IS FOR SUFFICIENT SPACING BETWEEN STRUCTURES OF THE PROPERTY LINES. THE GARAGE WILL BE THREE FEET FROM THE SIDE PROPERTY LINE, WHICH OBSERVES THE SPIRIT OF THE ORDINANCE AS THE STRUCTURE WILL BE ABIDING BY ALL OTHER BUILDING REQUIREMENTS FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OF THOSE USES SPECIFICALLY AUTHORIZED IN THE, IN THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED. NO USES OF THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCES WILL NOT SUBSTANTIALLY INJURED. THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY ARE ALL TO THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE DETACHED GARAGE WILL MAINTAIN THREE FEET MINIMUM FROM THE SIDE PROPERTY LINE. THE REQUEST WILL NOT INJURE ADJACENT PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SAW IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND NOT MERELY FINANCIAL OR NOT DUE TO OTHER, THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT WHICH THE PROPERTY IS LOCATED. UH, STAFF LINES IS APPLIED TO THE OWNER OF THE PROPERTY, TO WHICH THE VARIANCE SAW IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS LIMITED SIDE YARD SPACE FOR INGRESS AND INGRESS. THE, UH, CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL AND OF MOTION. SECOND. SECOND BY COMMISSIONER BRAGMAN. COMMISSIONER ZUNA? YES. SO I'M GONNA BE SUPPORTING THE, UH, THE MOTION AS READ. UM, SO WE HAVE NO OPPOSITION. UH, WE HAVE SUPPORT FROM, UH, HISTORICAL, UH, REVIEW. UH, THERE'S NO OTHER VARIANCES SOUGHT HERE. NO VISION ISSUES. UH, THE APPLICANT PROVIDED PLENTY OF TESTIMONY WITH EXISTING STRUCTURES LIKE THIS PREVALENT WITHIN THE KING WILLIAM AREA. UH, WE ALSO HEARD PUBLIC TESTIMONY WITH THE NEIGHBOR THAT'D BE MOST AFFECTED, UH, THAT SUPPORTED THE, THE, THE VARIANCES READ. ADDITIONALLY, THE APPLICANT MADE MO MADE MENTION OF THE FIREPROOFING THAT HE'S GONNA BE PROVIDING FOR THE STRUCTURE AND ALSO HOW HE'S TREATING THE WATER RUNOFF SO IT WILL NOT IMPEDE IMPOSE ON THE NEIGHBORING PROPERTY OWNERS. SO, UH, FOR ALL THAT I'M SUPPORTING THE MOTION AS READ. THANK YOU. COMMISSIONER BRAGMAN. I CONCUR WITH MY COLLEAGUE. ANY OTHER COMMISSIONERS? COMMISSIONER KAPLAN? YEAH, I'D LIKE TO SEE A 10 FOOT, UM, UH, . YOU, YOU MAY LIST, BUT I'D LIKE TO SEE IT. A 10 FOOT VARIANCE INSTEAD OF A 17 FOOT VARIANCE. UH, A THE NEIGHBORING GARAGE IS FURTHER BACK AND THERE IS ROOM IN THAT BACKYARD AND, UH, THAT'S IT. OKAY. UM, COMMISSIONER O MANNA. YEAH, I WAS ACTUALLY LOOKING FOR A FIVE FOOT SIMPLY BECAUSE THE PICTURES THAT WERE PROVIDED BY THE APPLICANT SHOWED MOST OF THEM TO BE ABOUT FIVE FOOT. SO I THINK THAT'S KIND OF CONSISTENT. AND THEN I THINK IT ALSO ALIGNS WITH THE NEIGHBORING BEHIND IT SO MUCH CLOSER. SO, SO MY PREFERENCE HONESTLY, WOULD'VE BEEN FOR A FIVE FOOT VARIANCE. I, I'M GOOD FOR FIVE RIGHT NOW, BUT I CAN, OKAY. SO MY, MY PREFERENCE WOULD ALSO BE FOR FIVE FEET. OKAY. SO I, IT LOOKS LIKE, UH, I'LL GO AHEAD AND OFFER A FRIENDLY AMENDMENT TO CHANGE IT TO A FIVE FOOT, UH, VARIANCE INSTEAD OF A, UM, INSTEAD OF THREE FEET. I'M GOOD FOR SEVEN AS WELL. SEVEN FEET. SO WE HAVE TWO, WE HAVE, WE HAVE TWO FOR SEVEN, UH, FIVE, FIVE FEET. OKAY. IS THERE ANY COMMISSIONERS? SIX FEET. IS THERE ANY COMMISSIONERS? E EVEN OUR, OUR, OUR, ONE OF OUR NEW COMMISSIONERS ON WEBEX IS, UH, ANY, ANY COMMENTARY TOWARDS WHETHER YOU'D BE FOUR, THE THREE, THE FIVE OR A SEVEN FOOT? I WOULD, OH, I WOULD BE FOR THE THREE QUITE FRANKLY. BUT IF THE FIVE IS WHAT IS PREFERRED, UM, I PERSONALLY WOULD, I, I WOULD SAY I WOULD BE FOR THE THREE, BUT JUST A POINT OF CORRECTION IN THIS CASE, IT WOULD BE 15 FOOT VARIANCE AND NOT A FIVE FOOT VARIANCE. JUST TO ENSURE THAT THAT IS CORRECT FUNCTION IS BEING READ. CORRECT. SO WE, THERE'S A, UM, I OFFERED A FRIENDLY AMENDMENT FOR A 15 FOOT VARIANCE TO ALLOW THE, THE GARAGE, UH, STRUCTURE TO BE FIVE FEET FROM THE BARBIE SIDE PROPERTY LINE. IS THAT ACCEPTED? IT LOOKS LIKE THE CONSENSUS OF THE BOARD IS SUCH THAT A 15 FOOT VARIANCE WOULD SEEM TO GET THE SUPPORT FOR APPROVAL. SO I, UM, I AGREE WITH THE COMMISSIONER. COLL, DID YOU WANNA MAKE A COMMENT BEFORE WE WELL, I WAS CONFUSED ABOUT 3 5 7 . YEAH. SO WHAT, WHAT THERE, SO WE HAVE 11 COMMISSIONERS, WE NEED NINE TO PASS. WELL, NO, BUT I'M TALKING ABOUT, OH, SO THE FIVE FOOT WOULD MEAN THE FACE OF GARAGE WOULD BE FIVE FEET AWAY FROM THE BARBIE SIDE STREET RIGHT OF WAY. OKAY. AND SO INSTEAD OF A 17 IN THAT IT'D BE A 1515 MM-HMM. . ALRIGHT. COMMISSIONER BRAGMAN, DO YOU ACCEPT THE FRIENDLY AMENDMENT? YES. SO THE, THE MOTION HAS BEEN AMENDED, UH, TO A 15 FOOT VARIANCE TO ALLOW A GARAGE, UH, STRUCTURE TO BE FIF FIVE FEET AWAY FROM THE BARBIE SIDE PROPERTY LINE. UH, IS THERE, IS THERE ANY OTHER FURTHER, UH, DISCUSSION, HEARING NOW? LET'S HAVE A ROLL CALL THOUGH, PLEASE. COMMISSIONER ZUNA? YES, I CONCUR. MS. BREGMAN? YES, I CONCUR. MR. SPIELMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MENCHACA. I CONCUR. MR. DEAN. [01:20:01] I CONCUR. MR. CODDLE CONCUR. MR. ZUNIGA? I CONCUR. MR. MANNA I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR. MR. RHI, I CONCUR. CHAIR ORIAN AND I CONCUR. UH, MOTION PASSES 11 TO ZERO AS AMENDED. LET'S HEAR THE NEXT CASE PLEASE. ITEM THREE. OH YEAH. AND IF THE APPLICANT WOULD LIKE TO GET WITH STAFF IF THEY HAVE ANY QUESTIONS. THANK YOU. OKAY, ITEM NUMBER THREE IS BO A DASH TWO THREE DASH 1 0 3 0 0 1 6 7. ADDRESS IS 4 3 1 9 GRECO DRIVE IN CITY COUNCIL. DISTRICT NUMBER 3 1 7 6. UH, REQUEST BEING A REQUEST FOR A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE ONE INCH FROM THE FRONT PROPERTY LINE. AND THE CURRENT ZONING IS RMM FOUR. THE SUBJECT PROPERTY IS LOCATED ALONG GRECO STREET, WEST OF ROLAND AVENUE ON THE SOUTHEAST SIDE OF SAN ANTONIO. THE APPLICANT BEGAN CONSTRUCTING A DETACHED CARPORT, BUT WAS HALTED BY CODE ENFORCEMENT FOR BUILDING WITHOUT A PERMIT. UM, SOON AFTER THE APPLICANT SUBMITTED A RESIDENTIAL IMPROVEMENTS APPLICATION AND WAS ISSUED A CARPORT PERMIT. THE FRONT SETBACK DISTANCE DISTANCES PROVIDED ON THE APPLICATION WERE INACCURATE AS THE FRONT PROPERTY LINE WAS LOCATED 10 FEET INWARD FROM THE CURB. UH, CARPORTS ARE REQUIRED TO MAINTAIN A MINIMUM DISTANCE OF 10 FEET FROM THE FRONT PROPERTY LINE, AND CURRENTLY IT IS ONE INCH. A SIMILAR VARIANT WAS APPROVED IN NOVEMBER OF 2022 IN THE AREA FOR A REDUCED CARPORT FUND SETBACK. UM, AT 4 2 1 1 KATRINA LANE. UM, SUBDIVISION PLAT OF PEAH VALLEY ESTATE, UM, ESTABLISHES THE LOTS AS AN R SEVEN DEVELOPMENT, WHICH HAD A ZERO SIDE SETBACK. AND THIS IS THE SITE PLAN AND THIS IS THE SUBJECT PROPERTY AND THIS IS AN ALTERNATE VIEW. AND THE SURROUNDING AREAS. STAFF RECOMMENDATION FOR THE FRONT SETBACK STAFF RECOMMENDS APPROVAL AND BO O A DASH TWO THREE DASH 0 3 1 7 6 BASED ON THE FOLLOWING FINDINGS. UH, ONE, THE CARPORT ALLOWS FOR SUITABLE SPACING AND STORM WATER MITIGATION. UH, TWO, WITHOUT THE VARIANCE, THE APPLICANT WOULD NOT BE ABLE TO CONSTRUCT A SIZABLE CARPORT TO FIT THEIR VEHICLES. AND THREE OTHER SIMILAR VARIANCES WERE APPROVED BY THE BOARD OF ADJUSTMENT. AND THIS IS THE NOTIFICATION PLAN. STAFF MODE OUT 40 NOTICES. UM, ONE RETURNED IN FAVOR, ONE IN OPPOSITION, AND WE HAD NO RESPONSE FROM THE PECAN VALLEY NEIGHBORHOOD ASSOCIATION. AND THEN THIS IS THE PUBLIC COMMENT THAT WE HAD RECEIVED. AND THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. OKAY. BEFORE YOU GO, YOU HAD MENTIONED THIS WAS DEVELOPED AS AN R SEVEN DEVELOPMENT? YES, SIR. R SEVEN. AND WHAT DOES THAT I I DON'T RECALL. SO THE, THE PLAT WAS SPECIFICALLY STATED AS AN R SEVEN. IT WAS NEVER ZONED R SEVEN. OKAY. . BUT THE PLATT, I KNOW YOU USUALLY SEE ZERO LOT LINE DEVELOPMENT, BUT FOR SOME REASON THE PLATT STATED R SEVEN, WHICH DOES NOT REQUIRE, UH, SIDE SETBACK. SO WAS THIS DEVELOPED AS A ZERO LOT LINE? CORRECT? IT IS. AND THE, SO IS THE, UH, ANY STORMWATER RUNOFF FROM THE CARPORT, DOES STAFF OBSERVE THE POTENTIAL TO GO TO THE NEIGHBORING LOT? IS THAT WHERE THE ZERO LOT LINE IS ON THAT SIDE, ON THE CARPORT SIDE? UH, YES. IT'S ALONG THE SIDE PROPERTY LINE ON THE RIGHT SIDE, RIGHT THERE. YEAH. BUT IS THAT THE, THAT SO THAT THE PROPERTY LINE IS ALSO RIGHT ON TOP OF THE IT'S A SHARED PROPERTY LINE? YEAH, IT'S A SHARED LINE BECAUSE IT'S ZERO. AND SO IS THERE A, IF, WAS THIS PROCESSED CORRECTLY TO WHERE THEY'RE ALLOWED TO BE ON THE SIDE PROPERTY LINE AND NOT FIVE FEET AWAY? THEY ARE ALLOWED TO BE ON THE PROPERTY LINE? YES. OKAY. AND DID YOU, DID YOU, DID STAFF NOTICE HOW THIS, THE CARPORT DRAINS? IS IT DRAINED TO THE FRONT, TO THE DRIVE OF THE STREET? IT'S ANGLED, UH, FRONTWARD TO DRAIN TOWARDS THE FRONT OF THE STREET. OKAY. ANY OTHER COMMISSIONER QUESTIONS FOR STAFF? MANNA, COMMISSIONER MANNA? SO, SO STAFF MENTIONED THAT, UH, THERE WAS PREVIOUS CASES, UH, THAT THE, UH, BOARD LOOKED AT. AND WAS THAT ALSO 4 0 1 INCH PERIODS? UH, LET ME CHECK ON THAT FOR YOU. IT WAS FOR A, UH, THREE FOOT FRONT SETBACK. OKAY. THAT'S WHAT I, THAT'S WHAT I RECALL. OKAY. THANK YOU. ANY OTHER COMMISSIONER QUESTIONS OR STAFF BEFORE WE HAVE THE APPLICANT COME UP? UH, YEAH. COMMISSIONER KAPLAN. OKAY. IN THE FRONT, IT LOOKS LIKE THERE'S A LITTLE BIT OF A, A, WHAT DO YOU CALL IT? UM, A LID, UH, OVERHANG. OVERHANG. HOW MUCH IT CAN, UH, DO WE HAVE THE PROPERTY OWNER HERE? DID THEY GIVE A PRESENTATION? WELL, NO, I WAS, WE WERE HEARING, UH, TECHNICAL QUESTIONS FOR STAFF BEFORE WE OKAY. NO. WELL THEN IT'S TIME FOR THE APPLICANT TO COME FORTH. PLEASE TELL US YOUR NAME AND TELL US ABOUT YOUR CASE. UH, MY NAME IS ERICA LIMON AND CHRISTOPHER LIMON, MY HUSBAND CHRISTOPHER [01:25:01] LIMON. UH, TO ANSWER YOUR QUESTION, MA'AM, YES, THERE IS A OVERHANG. UM, THE MILLIMETERS? YEAH, IT'S, I MEAN, I'M, I'M NOT, I DON'T HAVE THE MEASUREMENT LIKE RIGHT WITH ME. I, I'M, WHAT WOULD YOU SAY? MILLIMETERS? LIKE MAYBE AN INCH AT MOST. 'CAUSE THE CODE BECAUSE LIKE THE, NO, HE, SHE'S, SHE'S TALKING ABOUT THE ENTIRE, THE, THE, THE TOTAL OVERHANG FROM WHERE THE POLE IS. OH, OKAY. BUT YOU MEANT FROM THE PROPERTY LINE? YEAH, I MEAN I WOULD, WHAT, WHAT DO YOU SAY? MAYBE LIKE SIX INCHES IF THAT LIKE YEAH, IT'S, IT'S NOT MUCH. UH, BUT THERE IS SOME, UM, FROM, FROM WHERE THE, THE LAST POLE IS TO WHERE THE OVERHANG IS, IT'S, IT'S ONLY HANGING OVER THE, THE PROPERTY LINE LIKE MILLIMETERS. THAT'S WHAT MY HUSBAND WAS SAYING. OKAY. AND ALSO TO ANSWER YOUR QUESTIONS, YES, IT IS ON THE PROPERTY LINE FOR IT. UH, THE YARD FROM MY NEIGHBOR, THERE WILL BE A GUTTER. WE WERE HALTED, WE WERE TOLD WE COULDN'T CONTINUE BUILDING. UM, SO THERE WILL BE GUTTERS ON BOTH SIDES THAT WILL, UH, MITIGATE ANY TYPE OF DAMAGE FROM WATER OVER, YOU KNOW, GOING INTO THEIR YARD YARD. UH, WE ALSO DID ACTUALLY GET SIGNATURES FROM BOTH FROM THAT NEIGHBOR AND SIX OTHER NEIGHBORS THAT ARE SURROUNDING US IN FAVOR OF, OF THEM SUPPORTING THE STRUCTURE. CAN YOU GIVE THAT TO STAFF? THEY CAN PROJECT THAT UP, UH, ON THE SCREEN FOR US. UM, AND OF COURSE ONE OF THE NEIGHBORS IS THE NEIGHBOR WHOSE YARD WE WOULD AFFECT IT IN, IN ANY WAY. AND ALSO THE NEIGHBORS ACROSS THE STREET AND THE NEIGHBOR ON THE OPPOSITE SIDE. I BELIEVE ALSO ONE OF OUR NEIGHBORS DID ACTUALLY SEND AN EMAIL AS WELL SUPPORTING IT. THERE'S, UH, STAFF IS SHOWING THAT THE NEIGHBOR DIRECTLY ACROSS THE STREET IS IN OPPOSITION. THE NEIGHBOR ACROSS THE STREET DOES NOT RESIDE IN THAT HOME. THAT HOME IS VACANT. UM, THE GENTLEMAN IS IN A NURSING HOME AND SO IS HIS WIFE. SO THAT HOUSE IS STILL THEIRS. UH, THEIR CHILDREN COME EVERY SO OFTEN JUST TO KIND OF KEEP UP WITH THE HOUSE, BUT NO ONE LIVES IN IT. OKAY. UM, UH, THEN THE NEIGHBOR DIRECTLY ACROSS THE STREET FROM US IN A TWO STORY HOME ACTUALLY DID SIGN THE, UH, THE REQUEST AS WELL FOR US TO PETITION. UM, THEY HAVE THE FORM SOMEWHERE. YEAH. IT'S UP THERE ON THERE. YEAH. SO AND SO ON THE, UM, I'M JUST GONNA ASK YOU A QUICK QUESTION. SURE. SO I, I BROUGHT UP THE ZERO LOT LINE 'CAUSE I, I WAS WONDERING, IT'S TYPICAL FOR ZERO LINE SUBDIVISIONS TO HAVE A MAINTENANCE EASEMENT THAT RUNS ACROSS ON THE OPEN PART. SO WE DON'T HAVE ANY SUCH THING. OKAY. I DIDN'T KNOW IF WHAT YOU WERE DOING WAS, WELL, THE, UH, THE, THE, I'M SORRY. THE ACTUAL, UM, I'M NOT SURE WHAT THEY CALL IT, WHAT THAT HOLDS UP THE, THE CARPORT, THE HOUSE COMES OUT THAT MUCH AND THEY'RE STILL LIKE, THE HOUSE STILL GOES OVER. IS THAT WHAT YOU'RE SAYING? WHAT I WAS GETTING AT IS THAT IF YOU'RE, IF YOUR HOME IS LYING ON THE LOT LINE, YOU'RE, YOU'RE ON THE ZERO. YES. THE SIDE OF THE HOUSE, IT'S TYPICAL TO HAVE A FIVE FOOT OR EVEN A 10 FOOT MAINTENANCE, UH, OR ACCESS EASEMENT SO THAT YOU CAN GO ON THERE AND DO MAINTENANCE. I JUST WANTED TO MAKE, WE DON'T, WE DON'T HAVE THAT. THEY HAVE A FENCE. SO IN ORDER FOR US TO DO ANYTHING ON THAT SIDE OF THE, WE WOULD HAVE TO GO THROUGH THEIR BACKYARD. OKAY. THEIR FENCE IS DIRECTLY WITH OUR HOUSE, LIKE THEY, BUT AGAINST EACH OTHER. GOT IT. COMMISSIONER MANNA. YEAH. AND THEY, WE, WE SPOKE TO THEM AND THEY SAID THEY'RE FINE WITH COMMISSIONER MANNA. YEAH. SO, UM, SO TWO QUESTIONS. UM, FIRST QUESTION IS, I'M LOOKING, SO THERE IS AN OVERHANG ON THE FRONT OF, UM, AND THIS MAY BE A QUESTION FOR CITY. UH, THERE IS AN OVERHANG. THE POSTS WERE ONE INCH AWAY, SO THERE'S OVERHANG AND THE OVERHANG IS SIX INCHES. DOES THAT IMPLY THAT THEY'RE FIVE INCHES ACROSS? SO THERE'S, THEY SAID THERE'S A SIX INCH OVERHANG ON THE FRONT OF THE BUILDING. THE POSTS ARE AT THE, I DON'T EVEN, THE POSTS APPEAR TO BE AT THAT PROPERTY LINE, WHICH IMPLY THAT THE OVERHANG IS SIX INCHES OVER. WOULD THAT BE COR I I BELIEVE THE POSTS ARE A FEW INCHES BEHIND THE PROPERTY LINE. YEAH. SO THE ONE INCH THAT YOU'RE MEASURING IS FROM THE EDGE OF THE OVERHANG. OVERHANG. OKAY. SO, SO THAT'S THE FIRST QUESTION. SO THAT'S, YOU WANNA MAKE SURE THAT WE AREN'T, YOU KNOW, TRES UH, TRESPASSING ON THE CITY'S PROPERTY THERE. YEAH. UM, SECOND QUESTION IS, UM, YOU KNOW, SO IN THE PAST, YOU KNOW, WE, SO WE KINDA LOOK FOR CONSISTENCIES AND OTHER THINGS AND OTHER THINGS. UM, AND SO, UM, YOU CAN HAVE AN OVERHANG THAT'S UP TO FIVE FEET. AND SO ONE OF THE QUESTIONS, UH, THAT, THAT I ASK IS, WOULD IT BE OKAY TO MOVE THE POST BACK OR SET A NEW SET OF POSTS AND TAKE DOWN THE CURRENT ONES IF WE WERE MOVE BACK THREE FOOT? SO THAT WAY IT WAS MORE CONSISTENT WITH, WE'LL SAY THE OTHER ONE THAT WE GRAPHED. YES. I, I, I ACTUALLY SPOKE TO THE CONTRACTOR AND WE TOLD HIM THAT THIS WOULD BE A POSSIBILITY THAT IT, IF WE NEEDED TO MOVE IT BACK JUST, JUST ENOUGH TO COVER THE VEHICLES BUT NOT BE SO FAR OUT. AND HE SAID HE, HE UNDERSTOOD. OKAY. SO I MEAN, WE WOULD PREFER TO LEAVE IT 'CAUSE IT WAS GONNA COST MORE, MUCH MORE MONEY. SO, SO IT'S UNFORTUNATE, BUT, YOU KNOW, BUT AGAIN, YOU KNOW, SO AS WE UNDERSTAND GET CLOSER TO THAT PROPERTY LINE, IT BECOMES A LITTLE BIT MORE DIFFICULT FOR PEOPLE TO WORK AROUND THAT SPACE AND EVERYTHING ELSE. SO TO ANSWER, YES, WE COULD DO OKAY. THANK YOU. OKAY. SO JUST TO CLARIFY, IF THEY MOVE THE FACE OF POST TO FIVE FEET BEHIND THE PROPERTY LINE, THEY CAN OVERHANG THE FIVE FEET AND THEN HAVE IT LIE IN THE SAME PLACE. SO THE, I NEED TO CLARIFY THIS. UM, SO IF THE, THE [01:30:01] PROPERTY, THE OVERHANG CAN GO FIVE FEET, HOWEVER, IT CANNOT BE CLO LEMME LEMME READ IT STRAIGHT FROM THE U D C ON SECOND. YEAH. THE POST COULD BE FIVE, BUT YOU STILL CAN'T BE CLOSER THAN FIVE ON THE OVERHANG. IS THAT WHERE YOU'RE GOING? CAN'T BE CLOSER THAN THREE FEET FROM THREE FEET FROM ANY, UM, UH, YEAH. OKAY. UM, CANNOT EXTEND MORE THAN THREE FEET INTO ANY PROPERTY LINE. SO THE OVERHANG CAN BE FIVE FEET, BUT THAT FIVE FEET CANNOT BE ANY CLOSER TO THREE FEET FROM ANY PROPERTY LINE. SO ONCE WE GO INSIDE THAT THREE FEET, THE OVERHANG IS WHAT WE'RE MEASURING OFF OF. RIGHT. SO FOR WHAT THE, WHAT THE BOARD HAS TO CONSIDER, COMMISSIONER MANNA HAS, UH, RAISED AN ISSUE OF, OF, OF WHAT IS TYPICAL IS TO HAVE THE POST BE FIVE FEET BACK, WHICH I BELIEVE IT IS WHERE YOU TO BE UNIFORM WITH OTHER APPROVALS IN THE AREA. UH, BUT, UH, IN THIS CASE, BECAUSE IT WOULD STILL BE LESS THAN THREE FEET, HAVING THE POST BE THREE FEET BACK IS, IS THERE BE NO OVER BECAUSE WHATEVER OVERHANG STILL CAN'T, WE STILL HAVE TO GIVE 'EM A VARIANCE FOR THAT OVERHANG. SO YOU KNOW, IT'S WHAT, WHETHER THE POSTS OR FIVE FEET BACK OR THREE FEET BACK, IT'S STILL CORRECT. IF YOU GO FIVE FEET BACK, THEY CAN ONLY HAVE, UH, TWO FOOT OVERHANG WITHOUT ADDITIONAL VARIANCE. SO IT ALL DEPENDS ON WHERE WE, WHERE THE POST, WHERE THE POSTS SHOULD LIE. AND, AND SO THAT'S, SO ONCE WE'RE INSIDE THAT THREE FEET, YOU HAVE TO, UH, APPROVE A VARIANCE TO WHERE THE OVERHANG STOPS. OKAY. DEAN, COMMISSIONER DEAN, IS THERE A ENGINE ENGINEERING LETTER REQUIRED FOR THIS TYPE OF, UH, FOUNDATION TO SUPPORT THIS STRUCTURE? WELL, HAS THERE BEEN A PERMIT APPLICATION? THERE HAS, THERE HAS. OKAY. WORKING, SORRY, HAVE YOU TURNED IN A, A SUBSTRUCTURE SUPERSTRUCTURE LETTER ON THE CARPORT? I'M NOT SURE WHAT THAT IS. THE REASON I SAY IS BECAUSE, UH, THE SPANS ARE KIND OF LONG AND I KIND OF SEE 'EM DEFLECT A LITTLE BIT. YOU KNOW, JUST WANNA MAKE SURE IT'S SAFE AND LOAD BEARING. UM, YOU KNOW, IN THE PICTURE YOU CAN KIND OF SEE THE WEIGHT JUST FROM ITSELF. WEIGHT, YOU KNOW, WANTED TO BE LONG LASTING FOR YOU. RIGHT? YES. AND WE, WE SPOKE TO THE CONTRACTOR TOO ABOUT POTENTIALLY GETTING, 'CAUSE THOSE ARE FOUR INCH AND WE TALKED ABOUT DOING SIX, UH, WIDE POLES. UH, SO IF WE ARE TOLD WE NEED TO PUSH IT BACK, WE'RE GONNA DO THAT. I MEAN, EITHER WAY WE'RE GONNA DO IT BECAUSE, UH, BECAUSE WE HAVEN'T BEEN ABLE TO PAINT IT OR DO ANYTHING. WE ALSO, OURSELVES NOTICED SOME OF THE POLES ARE KIND OF SHIFTING A LITTLE BIT BECAUSE THE WEATHER HAS ALREADY STARTED TO, SO, SO WE'RE GONNA DO IT ANYWAY. WE'RE GONNA CHANGE THE POLES TO SIX INCH OR METAL OR SOMETHING. SO STAFF, IS THERE A SIZE OF CARPORT WHERE IT PUSHES YOU TO REQUIRE AN ENGINEERED LETTER? I BELIEVE THERE IS, BUT I'VE GOTTA FIND OUT WHAT THAT, WHAT THAT THRESHOLD IS, SO, OKAY. IF YOU WANNA CONTINUE YOUR DISCUSSION, I'LL FIND OUT. YEAH. HOW, WHAT IS THE ACTUAL SIZE OF THE CARPORT? 400 SQUARE FEET. 400? YEAH. OKAY. SO I THINK, I THOUGHT IT WAS 200 MACHA. UH, COMMISSIONER MCHA, SIR, IN REFERENCE TO THAT CONSTRUCTION OF THE, OF THE CARPORT, I SEE YOU PUT A LEDGER ON THE BACK. SO THAT LEDGER IS MOUNTED TO THE HEADER OF, TO THE HOUSE, TO THE HOUSE OF THE, OF THE OPENING TO THE GARAGE, ISN'T IT? UH, IT'S, IT'S MOUNTED TO THE BRICK AND THEN IT'S MOUNTED TO YES. YES. THE LEDGER ITSELF, SIR. SO THAT'S WHY WE'RE TALKING ABOUT . YEAH. SO THAT WAY THE, BECAUSE THE, THE, THE, THE WEIGHT, SINCE IT IS KIND OF ANGLED FOR RAIN, WE UNDERSTAND THAT IT WAS SO YEAH. HE, UH, MOUNTED UP TO THE, TO THE HOUSE. YEAH. SO YOU JUST ADDED MORE WEIGHT TO THE WALL IS WHAT WE'RE ASKING. WE'RE TALKING ABOUT YES. TO THE BRICK. YEAH, TO THE BRICK. WELL, I MEAN, WE DON'T, WE DON'T WANT TO GET INTO A, A DISCUSSION OF ENGINEER STRIKE, BUT I, BUT I'LL ALSO TELL YOU THAT WHEN I BUILT SOMETHING COVERED, I MEAN, I, I I COULDN'T DO A SPAN THAT WIDE. YOU, IT LOOKS LIKE YOU GOT A TWO BY EIGHT THERE. I DON'T, I DON'T, I DON'T THINK THAT, I MEAN, I WAS HAVING TO DO TWO BY TENS AND TWO BY TWELVES. TWO OF 'EM. YEAH. WE JUST, WE HIRED 'EM AND WE DIDN'T, YOU KNOW, BUT WE DID, LIKE I SAID, WE SAW THAT IT IS THAT WE NEED BIGGER, WE NEED THEM TO BE BIGGER. ON THE BOTTOM THERE, WHEN YOU'RE SAYING TWO BY EIGHT, YOU'RE TALKING ABOUT THE BOARDS THAT GO THE LONG. OKAY. THERE'S, THERE'S ACTUALLY TWO OF 'EM. IT'S TWO SIDE BY SIDE. AGAIN, WHEN I BUILT SOMETHING LIKE THIS, WE WERE DOING TWO BY TWELVES, NOT TWO BY EIGHTS. AND SO IT, I I, I, THAT'S WHY I WAS CONCERNED WHETHER OR NOT YOU WERE, THERE'S A SIZE WHERE YOU HAVE TO TURN IN AN ENGINEERED LETTER FOR THE FRAME AND FOR THE FOUNDATION AND STAFF WAS GONNA LOOK THAT SIZE UP AND THAT THAT'S SOMETHING THE BOARD WOULD LIKE TO MAKE SURE THAT THIS, THAT WHAT WE'RE APPROVING WOULD BE OKAY. WOULD BE SAFE. OKAY. [01:35:01] YEAH. 'CAUSE THAT'S, WE'RE JUST TRYING TO PROTECT OUR PROPERTY WITH ALL THE HAIL, UH, IN SAN ANTONIO. SEEMS LIKE EVERY TIME IT RAINS, IT'S HAILING. YOU KNOW, OUR NEIGHBOR, YOU CAN SEE THERE, THEY'VE GOT A TREE. THEY DROPPED THESE BROWN LITTLE THINGS. I HAD TO TAKE MY CAR TO THE DEALERSHIP AND THEY HAD TO TAKE THE WHOLE FRONT END OUT BECAUSE THE AC EVERY TIME I TURNED IT ON, IT WAS GETTING LOCKED IN THERE. THOSE LITTLE BROWN THINGS. RIGHT. AND IT WOULD MAKE A LOT OF NOISE. SO IS THERE ANY PUBLIC COMMENTARY FOR THIS ANYONE'S TIME TO SPEAK? OKAY. NOPE. COMMENT. ARE THERE ANY OF THE COMMISSIONER QUESTIONS? I KNOW STAFF IS STILL LOOKING UP THE, UH, YEAH. YEAH. COMMISSIONER ZUNIGA? YEAH, I HAVE A QUESTION. UH, JUST A SU SUGGESTION. DO YOU THINK THAT WE SHOULD, UH, GO AHEAD AND RESCHEDULE THIS SINCE HE'S GOING TO BE, BE PULLING THE, THE COLUMNS ADDED LUX WEEK? WELL, CHAIRMAN, WELL, WHAT I, MY PERSONAL OPINION IS, IS THAT, YOU KNOW, THE LOCATION OF THIS IS ONE THING, THE STRUCTURAL COM UH, YEAH, THE, THE INTEGRITY, THE STRUCTURAL INTEGRITY OF THIS IS SOMETHING ELSE. AND IF THAT'S GONNA BE PART OF THE PERMIT PROCESS, STAFF CAN HANDLE THAT. UM, IS THERE, IS THERE, UH, ANYTHING YOU'D LIKE TO ADD IN CLOSING BEFORE WE DELIBERATE? JUST THAT, YOU KNOW, WE HOPE YOU GUYS APPROVE IT BECAUSE WE'RE JUST TRYING TO PROTECT OUR PROPERTY. LIKE I SAID, YOU KNOW, EVEN, UH, LIKE I SAID WITH THE HAIL AND I MEAN, THERE'S MULTIPLE CARPORTS IN THE NEIGHBORHOOD, YOU KNOW, WE'RE NOT THE ONLY ONES. THERE'S SOME THAT COME OUT PRETTY PRETTY FAR JUST LIKE OURS. AND I'M NOT SURE IF THAT'S HOW THE CONTRACTOR WENT AROUND THE NEIGHBORHOOD AND DECIDED TO BUILD IT THAT WAY, BUT WE WOULD BE WILLING TO PUSH IT BACK AND OF COURSE, ADD THE BIGGER BLOCKS AS WELL. WE JUST WANT TO BE ABLE TO HAVE A CARPORT TO PROTECT THE PROPERTY, YOU KNOW? RIGHT. AND AS YOU CAN SEE, OUR DAUGHTER GRADUATED COLLEGE. WE PAINTED HER CAR FOR HER, SO, YOU KNOW, WE'RE, WE JUST WANT TO PROTECT IT. YEAH. SHE TOOK IT TO THE BARBIE MOVIE THE OTHER NIGHT, . SO SHE'S REALLY, YEAH. WOW. OKAY. AND REALLY, I MEAN, THE, THE LONGEST VEHICLE IS THE LEXUS, SO IT'S 16 AND A HALF FEET. THAT'S THE LENGTH OF THE VEHICLE. WE JUST NEED SOMETHING THAT'S JUST GONNA BASICALLY COVER THAT. SO CUTTING AT THE THREE FEET, OR, YOU KNOW, THAT'S PERFECTLY ACCEPTABLE FOR US. WE'RE NOT TRYING TO HAVE ANYTHING THAT GOES BEYOND WHAT WE, WHAT OUR PROPERTY IS IN ORDER TO, TO PROTECT THAT. OKAY. UM, AND THEN AS FAR AS THE BUILDING STRUCTURE, LIKE WE SAID, IT'S ALREADY THE, SINCE WE WERE TOLD WE COULDN'T CONTINUE ANY WORK, LIKE SOME OF THE SHINGLE WORK ON THE NEIGHBOR'S SIDE, THEY'RE JUST HANGING THERE. SO EVERY TIME IT RAINS, EVERY TIME, YOU KNOW, THE HEAT, IT'S, IT'S BASICALLY JUST DAMAGING EVERYTHING THAT'S ALREADY THERE. SO AS FAR AS WAITING ANY LONGER, I WOULD HOPE THAT WE DON'T HAVE TO BECAUSE IT'S JUST GONNA CONTINUE TO WEAR AND TEAR. OKAY. AND WE'RE BASICALLY GONNA HAVE TO REPLACE THE ENTIRE STRUCTURE. I MEAN, AS IT IS, WE'RE ALREADY GONNA REPLACE, LIKE WE SAID, THE, THE POLES ARE GONNA DEFINITELY BE WIDER. UM, BUT I JUST, I WOULD HATE FOR THE SHINGLES AND EVERYTHING ELSE TO GET EVEN MORE DAMAGE THAN IT ALREADY MAY HAPPEN. OKAY. I, UM, I, I DO HAVE AN ANSWER FOR YOU GUYS. YES. UM, SO OUR ASSISTANT DIRECTOR, CRYSTAL GONZALEZ, UM, OVER PERMIT, SHE SAYS THAT THERE IS NOT A THRESHOLD SIZE THAT THEY REQUIRE AN ENGINEER'S LETTER TO VERIFY THE FOUNDATION AND FRAME INSPECTIONS FOR ANY SIZE CARPORT. IS, HAS THERE ANY ONE BEEN TURNED IN FOR THIS PERMIT? NO, NOT YET, SIR. THAT WOULD BE PART OF THE BUILDING FINAL. OKAY. MM-HMM. . SO WITH THAT, IS THERE A COMMISSIONER LIKE TO MAKE A MOTION? I HAD A QUESTION. OH, COMMISSIONER BRACKMAN. UM, SO YOU SAID THAT THE CARPORT IS 400 SQUARE FEET, SO YOU'RE SAYING IT'S 20 BY 20? YES. OKAY. AND THE V THE LEXUS IS 16, 16 AND A HALF. OKAY, THANK YOU. YEAH. ALL RIGHT. IS THERE A COMMISSIONER WHO'D LIKE TO MAKE A MOTION? MANNA COMMISSIONER MANNA REGARDING CASE NUMBER BOA 2 3 1 0 3 0 0 1 7 6. I MOVE THAT THE BOARD OF ADJUSTMENT GRANTOR REQUEST FOR A SEVEN FOOT VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW CARPORT TO BE THREE FEET FOR THE FRONT PROPERTY LINE SITUATED AT 4 3 1 9 GRECO DRIVE, APPLICANT BEING ERICA, ERICA LIMON. UH, 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 OF HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST REPRESENTED BY SETBACK REQUIREMENTS TO PREVENT WATER WROTE OFF IN ADEQUATE SPACING BETWEEN PROPERTIES. THE APPLICANT'S REQUESTED A VARIANCE TO THE FRONT SETBACK TO ALLOW A DETACHED CARPORT TO BE THREE FEET FROM THE FRONT PROPERTY LINE. THE CARPORT IN HIS CURRENT LOCATION WILL NOT BE CONTRARY AS THE MITIGATION OF STORMWATER RUNOFF WILL FALL ON THE PROPERTY OF THE APPLICANT'S TWO DUE TO SPECIAL CONDITIONS OR LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE CONDITION, THE SPECIAL CONDITION FOUND ON THE CENTRAL PROPERTY IS THE SIZE. THE FRONT PROPERTY LINE IS 10 FEET INWARDS FROM THE CURB AND HAS A ZERO LOT LINE ALONG THE SIDE, PROPERTY LINE RESULTING IN THE VARIANCE BEING NECESSARY FOR THE CONSTRUCTION OF THE CARPORT. WITHOUT IT, THE APPLICANT WOULD UNDERGO A HARDSHIP AS CONSTRUCTION OF A SIZABLE CARPORT TO FIT THEIR VEHICLES WOULD BE UNATTAINABLE. 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 THE EXACT LETTER OF THE LAW. THE GRANTING OF THIS VARIANCE WILL OBSERVE THE SPIRIT OF THE ORDINANCE AS THE CARPORT IS LOCATED WITHIN THEIR PROPERTY AND IS ABIDING BY ALL OF THE SETBACK REQUIREMENTS. ADDITIONALLY, BUILDING PERMITS WERE ISSUED, BUT ONCE NOTIFIED ABOUT THE NEED FOR THE VARIANCE, THE APPLICANT APPRE HALTED CONSTRUCTION TO OBTAIN ONE, ALL OF WHICH APPEARS TO BE OBSERVED. THE SPIRIT OF THE ORDINANCE FOR THE VARIANCE [01:40:01] WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH HIS VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED BY THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT, UH, SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALL THE ESSENTIAL CHARACTER OF THE DISTRICT, WHICH HIS PROPERTY IS LOCATED. IF GRANTED, THE CARPORT WILL BE THREE FEET FROM THE FRONT PROPERTY LINE, THIS WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTIES. AS OTHER CARPORTS IMPOSING THE SETBACK WERE FOUND IN THE MEDIAN VICINITY AND APPROVED BY THE BOARD OF ADJUSTMENT. THIS REQUEST IS NOT SEEN TO BE OUT OF CHARACTER WITH A DISTRICT INSTANCE, HARMONIOUS WITH THE NEIGHBORHOOD. SIX, APPLY THE OWNER OF THE PROPERTY FOR WHICH VARIOUS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN DISTRICT WHICH THIS PROPERTY IS LOCATED. THE STAFF FINDS THAT THE P TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS LIMITING SPACE ON THE PROPERTY. END OF MOTION. SECOND. SECOND BY COMMISSIONER KAPLAN. COMMISSIONER MANNA. SO, SO I WENT AHEAD AND JUSTICE A LITTLE BIT. UM, JUST ONE FOR CONSISTENCY SAKE WITH OTHER THINGS THAT WE'VE REVIEWED IN THE NEIGHBORHOOD. ALSO, YOU KIND OF TALKED ABOUT THE SIZE OF CARS AND I THINK THAT THE, YOU KNOW, THE, THE ADJUSTMENT OF THE SIZE WOULD STILL FIT. UM, AND I'LL BE, UH, APPROVING IT AS READ COMMISSIONER KAPLAN. YEAH, I, I, I AGREE WITH THAT. ANY OTHER COMMISSIONERS LIKE TO ADD? UH, I JUST WANTED TO SAY THAT I COMPLETELY AGREE. I I I, ANYTIME YOU HAVE A SIDEWALK OF BUTTING A REAR PROPERTY LINE I'D, I DON'T LIKE POSTS AND CARPORTS TOO CLOSE TO IT. SO I THINK THREE FEET IS A GOOD COMPROMISE. UM, LET'S HAVE A ROLL CALL. VOTE PLEASE. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MANCHACA. I CONCUR. MR. DEAN. I CONCUR. MR. CODDLE CONCUR. MR. ZUNIGA I CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA. I CONCUR. MR. RAWHI, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. UH, MOTION PASSES. YOU CAN GET WITH STAFFED IF YOU HAVE ANY QUESTIONS. THANK YOU. ALL RIGHT. ITEM FOUR. GOOD AFTERNOON. AGENDA ITEM NUMBER FOUR IS BO O 8 23 1 0 3 0 0 1 7 8. ADDRESS IS TWO 11 CHANNING AVENUE CANCELED. DISTRICT THREE APPLICANT IS MARGARET MANN. A REQUEST FOR ONE, A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A CARPORT WITH A ONE INCH FRONT SETBACK AND TWO, A FOUR FOUR FOOT 10 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT TO BE TWO INCHES FROM THE SIDE SETBACK. ZONING IS R FOUR. SUBJECT PROPERTY IS LOCATED ALONG CHANNING AVENUE, JUST EAST OF IH 37. BETWEEN THE INTERSECTIONS OF NOPA STREET AND SOUTH AVER STREET, THE APPLICANT IS REQUESTING A VARIANCE FROM THE FRONT AND SIDE SETBACK TO ALLOW A CARPORT TO BE ONE INCH FROM THE FRONT AND TWO INCH FROM THE SIDE PROPERTY LINE. THE APPLICANT HAS CONSTRUCTED THE CAR THE CARPORT AND WAS REQUIRED TO AT OBTAIN A BUILDING PERMIT PRIOR TO CONSTRUCTION. UPON SITE VISITS, STAFF DID OBSERVE CARPORTS IN THE AREA SITE PLAN AND YOUR SUBJECT PROPERTY. YOUR SITE SETBACK YOUR CANDIDLY PORTION OF THE CARPORT, THE, THE HANGOVER AND YOUR FRONT SETBACK AND YOUR SURROUNDING AREA. STAFF RECOMMENDATION AND GARAGE SETBACK VARIANCE STAFF RECOMMENDS DENIAL ON BO O A 23 1 0 3 0 0 7 1 8. BASED ON THE FOLLOWING FINDINGS, THE REDUCED FRONT AND SIDE SETBACKS, INJURE NEIGHBORING PROPERTIES, AND TWO, IT WILL ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. 37 NOTICES WERE SENT OUT. ZERO IN FAVOR. WHEN IN OPPOSITION AND HIGHLAND PARK HOMEOWNER ASSOCIATION DID NOT RESPOND. AND THE APPLICANT BROUGHT IN SOME LATE NOTICES THAT WEREN'T SENT TO US. SO WE'RE GONNA PUT 'EM ON HERE. THOSE ADDRESSES ARE GONNA BE, I APOLOGIZE. THE ADDRESSES ARE GONNA BE 2 0 2, 2 0 6. 2 0 7 2 2 2 2 2 6 AND 2 2 7. ALL IN FAVOR? AND THIS CONCLUDES STAFF'S PRESENTATION. APPLICANT IS AVAILABLE. ALL RIGHT. THANK YOU VERY MUCH. HI, PLEASE [01:45:01] STATE YOUR NAME AND TELL US ABOUT YOUR CASE. MY NAME IS MARGARET MANN. I RESIDE AT TWO 11 CHANNING. THIS IS MY HUSBAND PAUL. IT'S PAUL JOHNSON. I ALSO RESIDE AT TWO 11 CHANNING. OKAY. AND I'M NERVOUS. WELL, DON'T BE TOO NERVOUS. I AM . WELL, JUST TELL US ABOUT, UH, YOUR HARDSHIP. TELL US ABOUT, YOU KNOW, WELL, DO YOU HAVE A PERMIT? TELL US ABOUT EVERYTHING. OH, I HIRED A BUILDER. HE WAS A PATIENT OF OURS AND, UM, HE DIDN'T OBTAIN A PERMIT LIKE HE WAS SUPPOSED TO. AND, UH, I THOUGHT HE DID ALL THIS. I TRUSTED HIM. COME TO FIND OUT HE DIDN'T AND HE GOT ME INTO THIS MESS THREE OR FOUR YEARS AGO. FOUR. FOUR? YEAH. OKAY. SO, UH, I JUST FOUND THIS OUT WHEN ONE OF THE NEIGHBORS, I GUESS REPORTED IT. WELL, TELL YOU WHAT, I'M GONNA ASK A COUPLE QUESTIONS AND WE'LL, WE'LL SEE IF WE GET, GET A LITTLE, LEARN A LITTLE BIT ABOUT YOUR CARPORT. DID YOUR CARPORT DRAIN TO THE STREET OR TO THE SIDE? TO THE STREET. OKAY. AND DID YOU WIDEN THE DRIVEWAY WITH THE CARPORT EXPANSION OR WAS IT THE DRIVEWAY? ALWAYS TWO CARS. IT WAS THERE. IT WAS THERE. OKAY. AND WELL, IT WASN'T, AND WE HAD A SINGLE, AND THEN WE EXPANDED IT BECAUSE WE NEEDED TO GET THE CARS OFF THE, OFF THE STREET BECAUSE IT WAS A, IT'S, THERE'S NOT ENOUGH ROOM IN THE STREET FOR ALL THE CARS. MY NEIGHBOR HAS LIKE FIVE CARS AND THERE WAS A LOT OF BREAK-INS, SO I WANTED TO GET MY CAR OFF THE STREET. OKAY. I ALSO NOTICED THAT YOU HAVE A UTILITY POLE, UH, REALLY CLOSE TO THE EDGE OF THE CARPORT AND IT'S, IT LOOKS LIKE A STREETLIGHT. IS THAT, UH, YES. I HAD TO BUY THAT, SO I PAY FOR THAT EACH MONTH. OH, OKAY. 'CAUSE OF THE BREAK-INS. ALRIGHT, WELL, ALRIGHT, THANK YOU. IS THERE ANY OTHER COMMISSIONER QUESTIONS? MANNA COMMISSIONER MANNA. SO, UH, UM, SO CITY STAFF, IT LOOKS LIKE WHEN YOU MEASURED THE DISTANCE FOR THE, UM, SPACE BETWEEN THE FENCE AND THE, UM, POLE, IT, IT SHOWED I GUESS THE ONE INCH THERE. UM, IT DOES LOOK LIKE THERE'S A SLIDE OVERHANG ON TOP OF THE METAL STRUCTURE. UM, AND SO, SO WOULD WE BE VOTING ON THE POLL PLACEMENT OR ON THE STRUCTURE ITSELF? UH, THE TOP WIDTH, IT DOESN'T LOOK LIKE VERY MUCH, BUT IT LOOKS LIKE IT'S MAYBE AN INCH. SO AN INCH OVERHANG. SO IT'D BE ZERO BASICALLY? WELL, SO, UM, HE WOULD, UH, THEY WOULD, WE, THEY CAN ONLY, YOU CAN ONLY APPROVE AN INCH IF YOU APPROVE IT. SO IF THERE IS ANY, UM, THE POLE IS RIGHT AT THAT TWO INCHES. SO IF THEY HAVE MORE THAN ONE INCH OVERHANG, THEY WOULD'VE TO CUT THAT DOWN IF YOU APPROVE ONE INCH. DOES THAT MAKE SENSE? SO I JUST SAID, SO, SO, SO ESSENTIALLY, APPARENTLY WE CAN ONLY APPROVE ONE INCH BOOT WOULD BE THE MAX, BUT IF YOU'RE, UM, BUT THAT'S THE CLOSEST THAT THE OVERHANG CAN BE TO THE SIDE PROPERTY LINE. AND SO, SO, UH, AS WE VOTE, UM, IF IT, THAT WE DO APPROVE THAT YOU WOULD ACTUALLY HAVE TO SHAVE OFF TO MAKE SURE THAT YOU WERE NO CLOSER THAN THAT ONE INCH ON THAT METAL PIECE THERE. SO, YEAH. YEAH. SO IT, I'M LOOKING AT A, A SIDE PICTURE AND IT LOOKS LIKE THE POST IS, IS FLUSH WITH THE EDGE OF THE SUPPORT. THE OVERHANG IS JUST THE METAL, RIGHT? YEAH, JUST THE ROOF, THE ROOF PART. HOW FAR? AND SO IT LOOKS LIKE ON BEACH SIDE, THERE'S LIKE A COUPLE, YOU KNOW, THE CURVE DOWN PIECE LOOKS LIKE IT HANGS OVER THAT EDGE AND SO IT MAY EXTEND OVER BY TWO INCHES AND SO MAY BE RIGHT ON THE PROPERTY LINE THERE. YEAH. SO WHAT, WHAT, UH, COMMISSIONER MAD IS BRINGING UP IS THAT WE, WE CAN ONLY APPROVE DOWN TO, TO AN INCH. UH, THE REQUEST WAS FOR TWO INCHES ON THE SIDE. SO WE CAN'T, EVEN THOUGH WE'RE ALLOWED TO MAKE MODIFICATIONS, UH, YOU KNOW, DURING DELIBERATION WE CAN'T GO LESS THAN WHAT YOU'VE ASKED FOR. AND SO THE MOST, IF THAT YOU COULD GET APPROVED TODAY IS TWO INCHES. UH, AND THE COMMISSIONER HAD MENTIONED FROM THE PICTURES, IT APPEARS THAT THE, THE ROOF OF THE STRUCTURE SLIGHTLY OVERHANGS WHERE THE BEAMS AND THE POSTS ARE. UM, IS THAT, IS, IS THAT GONNA BE AN ISSUE IF YOU HAVE TO TRIM ANY OF THAT? NO, SIR. NO, I DON'T BELIEVE SO. WE CAN, WE CAN TRIM THAT LITTLE BIT RIGHT OFF IF, IF THAT WOULD BE OKAY WITH Y'ALL. OKAY. THAT'S GONNA, WE JUST WANNA LET, WE, WE'RE JUST TRYING TO MAKE SURE YOU UNDERSTAND, YOU KNOW, WHAT, WHAT OUR ROLE IS AND WHAT WE CAN AND CAN'T DO. OKAY. UM, IS THERE ANY OTHER COMMISSIONER ZUNA RIGHT HERE. DO YOU KNOW WHICH WAY THE WATER RUNS OFF OF THE ROOF STRUCTURE? IS IT RUNNING TO THE FRONT OR THE TOP TO THE STREET? WE HAVE A GUTTER ON THAT SIDE AND IT RUNS STRAIGHT TO THE, TO THE STREET. THE, THE WAY THAT THE ROOF IS, OH, IT PITCHES TOWARDS THE, UH, TOWARDS HER YARD. RIGHT. AND I SEE, IS THAT THE GUTTER TOWARDS THE FRONT? TOWARDS THE FRONT OF THE STREET. TOWARDS THE FRONT. OKAY. YEAH, MACHACA COMMISSIONER MACHACA. DID YOU SAY THAT THE, UH, YOU DIDN'T HAVE TO ADD TO THE DRIVEWAY. WHERE'S THE DRIVEWAY YOU EXPANDED? MAKE IT WIDER IN REFERENCE TO INSTALLING [01:50:01] THIS CARPORT? YES. THE DRIVEWAY. WELL YOU EXPANDED IT, CORRECT? YES. YES. AND THAT'S WHERE YOU SET THE POLES IN THE CONCRETE AND BUILT A RETAINING WALL SORT OF HOLES IN THE, IS THAT CORRECT? YES. YEAH. THANK YOU. IT HANGS WAY OVER. THE OVERHANG IS OVER. WE DON'T HAVE MUCH YARD, SO I SEE. BUT WE HAD TO GET THE, SO THE CARS OFF THE STREET. BRAGMAN, COMMISSIONER BRAGMAN, WHAT'S THE DEPTH OF THE CARPORT? FRONT TO BACK, DO YOU KNOW? NO. RIGHT OFF HAND. I DO NOT KNOW. WELL, IT'S NOT THE LENGTH OF A CAR. IT'S NOT EVEN THE LENGTH OF A CAR. DO YOU THINK IT'S LESS THAN 20 FEET? I WOULD SAY IT WOULD BE EITHER RIGHT AT OR A LITTLE LESS. YES, SIR. MM-HMM. . OKAY. ANY OTHER QUESTIONS? ALRIGHT, IS THERE ANYONE SIGNED TO SPEAK ANY, UH, VOICEMAILS? THERE IS NO PUBLIC COMMENT. ALL RIGHT, SO WHAT WE'RE GONNA DO NOW IS WE'RE GONNA ASK THE COMMISSIONER TO MAKE A MOTION AND WE'LL DELIBERATE, UH, IF Y'ALL COULD TAKE A SEAT. WE'LL, OKAY. THANK YOU. SEE HOW THIS TURNS OUT FOR YOU. I'M GETTING GO. MY KNEES ARE KNOCKING. . OKAY. THANK YOU. THANK YOU. THANK YOU. YES, MA'AM. YEAH, THAT, THAT, THAT THE CARPORT IS 20 FEET OR LESS. YEAH. SO WE'RE LOOKING FOR A MOTION THEN. . I'LL READ IT. IT'S FINE. MANNA COMMISSIONER MANNA REGARDING CASE NUMBER BOA 2 3 1 0 3 0 0 1 7 8. A MOVE THAT THE BOARD OF ADJUSTMENT GRANT THROUGH REQUEST FOR A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A CARPORT TO BE ONE INCH FRONT SETBACK AND TWO, A FOUR FOOT 10 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT, UH, WITH A TWO INCH SIDE SETBACK SITUATED AT 2 1 1 CHANNING AVENUE. APPLICANT BEING MARGARET MANN. 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, 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, THE PROPOSED CARPORT HAS ADEQUATE DISTANCE FROM A RIGHT OF WAY AND IS AND SO IS NOT CONTRARY TO PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT COULD NOT BUILD A CARPORT CONFORMING TO THE CODE. THREE, BY GRANTING THE VARIANCE OF SPARE, THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. REDUCING FRONT AND SIDE SETBACK WOULD NOT INJURE NEIGHBORING PROPERTIES AS THEY APPEAR TO BE SIMILAR CON NON-CONFORMING CARPORTS IN THE AREA. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE 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 CONFORMING PROPERTY OR ALTERED ESSENTIAL CHARACTER OF THE DISTRICT, WHICH IS PROPERTY IS LOCATED. THE REDUCED FRONT AND SIDE SETBACKS WOULD NOT INJURE NEIGHBORING PROPERTIES AS OTHER PROPERTIES IN THE AREA HAVE SIMILAR CARPORTS AND WOULD NOT OBSTRUCT THE NEIGHBOR'S VIEWS. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT DUE TO A RESULT OF GENERAL CONDITIONS IN WHICH THIS DISTRICT IS LOCATED. STAFF FINDS APPLY THE OWNER OF THE PROPERTY FOR WHICH THE REDUCED FRONT AND SIDE SETBACK VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE LOCATION AND THE SPACE AVAILABLE IN THE DRIVEWAY. AND THE MOTION SECOND. SECOND BY COMMISSIONER KAPLAN. COMMISSIONER MANNA. SO, UM, I SUBMITTED THIS AS READ. UM, I, I WILL BE VOTING TO APPROVE IT. UM, AS I GOOGLE DRIVE DOWN THE STREET, I DO SEE OTHER CARPORTS THAT ARE NOT DISSIMILAR FROM THIS. UM, THE POST ARE SETBACK FROM THE SIDEWALK, WHICH IS, UH, SOMETHING WE, YOU KNOW, THAT I LIKE TO LOOK FOR. UM, AND THEN THE APPLICANT HAS STATED THAT THEY WILL, UM, OBS YOU KNOW, I GUESS TAKE A LOOK AT THAT SIDE TO MAKE SURE THAT IT'S NOT EXTENDING ANY CLOSER. SO THEY'VE COMMITTED TO THAT. SO, UH, THEREFORE I'LL BE VOTING IN FAVOR. UM, I I JUST ONE QUESTION I FORGOT TO ASK DURING AS IS THAT, UM, IT LOOKS LIKE THE CARPORT THE FRONT SIDE BACK IS FINE BECAUSE LOOK WHERE THE STREET LOOK WHERE THAT CARPORT IS FROM THE STREET. I DON'T, I DON'T I THINK WE LOST YOUR AUDIO COMMISSIONER, WE LOST YOUR AUDIO PUSH. KEEP THE BUTTON DOWN. PUSH MY, UH, THE MICROPHONE BUTTON. OH, I'M SORRY. SORRY. I THOUGHT I HAD PUSHED IT. OKAY. SO WHEN I'M LOOKING AT THE PICTURE OF THE, UH, FROM, FROM THE FRONT, IT LOOKS LIKE THE POSTS ARE AT LEAST FIVE FEET FROM THE SIDEWALK AND IT'S REALLY HARD TO SAY HOW FAR THE OVERHANG IS FROM, UM, THE, THE FRONT. SO I'M, I'M NOT REALLY SURE WHAT THE ISSUE ON THE FRONT SETBACK IS. UM, GIVEN [01:55:01] JUST WHAT IT LOOKS LIKE, I DIDN'T QUESTION THAT TO START. I SHOULD HAVE, UM, AND I WOULD BE ALSO IN FAVOR OF THIS, UH, THE TWO, TWO INCH SIDE, UM, SETBACK. I JUST CURIOUS ABOUT WHY EVEN HAVE A SETBACK ISSUE. SO, HELLO. SO IF IT WAS FIVE FEET, IT WOULD STILL NEED A VARIANCE. UM, IF THERE'S ANY OVERHANG PAST THAT THREE FEET, BUT THE PROPERTY LINE IS ACTUALLY NOT IN THE BACK OF THE SIDEWALK. IT, IT'S, I BELIEVE IT'S WHERE THE FLARE, UM, ENDS OF THE, UH, DRIVEWAY. UM, IT, IT'S 10 FEET FROM THE STREET, IF I REMEMBER CORRECTLY. SO YOU'RE, YOU'RE LOOKING AT THE, THE BACK OF THAT RETAINING CURB WHERE IT MERGES IN WITH THE DRIVEWAY IS, IS THE POINT OF THE PROPERTY LINE. SO, SO ARE YOU SAYING IT'S FIVE FEET THEN REALLY FROM THE POST TO THE PROPERTY LINE? OR HOW, HOW FAR IS IT FROM THE PROPERTY LINE TO THE POST? 'CAUSE IT, IT DOES LOOK LIKE TO ME THAT IT'S SUFFICIENT, OR AT LEAST IT'S AT LEAST FIVE FEET. I THINK WHAT I THINK WHAT, WHAT IT LOOKS, IT APPEARS THAT THE COMMISSIONERS IS, IS INQUIRING IS WHETHER OR NOT THE POST IS ACTUALLY FIVE FEET. AND THAT IF WE'RE HERE SOLELY FOR THE OVERHANG EXTRUDING CLOSER TO THREE. RIGHT. THE, THE POST, UH, THE ACTUAL POST WE MEASURED, I BELIEVE AROUND FOUR FEET. OH, OKAY. OKAY. THANK YOU. OKAY. I I'M IN FAVOR OF THIS VARIANCE. ALL RIGHT. ANY OTHER COMMISSIONERS' LIKE TO ADD TO THE CONVERSATION? HEARING NONE, LET'S HAVE A ROLL CALL VOTE. MR. MANA. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACTS. MR. SPIELMAN. I CONCUR. MR. MENCHACA. I CONCUR. MR. DEAN. I CONCUR. MR. CODDLE CONCUR. MR. ZUNIGA I CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. O ZUNA. I CONCUR. MR. RAWI, I CONCUR. CHAIR ORIAN AND I CONCUR THE FINDINGS OF FACT MOTION PASSES UNANIMOUSLY. UH, AND IT, JUST TO VERIFY THIS WAS PASSED AS IS, THERE WAS NO AMENDMENT CORRECT? THAT'S CORRECT. OKAY. THANK YOU. ALL RIGHT. SO IF YOU HAVE ANY, UH, SO YOU, YOUR VARIANCE GOT APPROVED. YOU HAVE ANY QUESTIONS? UH, YOU CAN, UH, TALK TO STAFF. THANK YOU. AND WE'RE GONNA TAKE A EIGHT MINUTE BREAK. WE'LL SEE YOU ALL AT 3 0 8. ALL RIGHT. IT'S THREE 10. I'M CALLING THE MEETING BACK TO ORDER. YOU GO AHEAD AND PROCEED WITH ITEM NUMBER FIVE, CASE ENDING IN 1 7 9. ALRIGHT, ITEM NUMBER FIVE IS BO O A DASH TWO THREE DASH 1 0 3 0 0 1 79. ADDRESS IS 2 2 0 3 EAST COMMERCE STREET IN CITY COUNCIL DISTRICT TWO. THE APPLICANT IS RAHAN L L C AND THE REQUEST IS FOR A ONE AND A HALF STORY VARIANCE FROM THE MAXIMUM TWO AND A HALF STORIES TO ALLOW A BUILDING WITH FOUR STORIES. AND THE CURRENT ZONING IS I D Z TWO MEDIUM INTENSITY INFO DEVELOPMENT ZONE WITH USES PERMITTED IN C TWO AND A HOTEL. THE SUBJECT PROPERTY IS LOCATED ALONG EAST COMMERCE STREET, ADJACENT TO ITS INTERSECTION WITH NORTH NEW BRAUN FALLS AVENUE. THE APPLICANT IS SEEKING A VARIANCE FROM THE MAXIMUM HEIGHT LIMITATION FOR PROPERTIES ADJACENT TO ALLY ZONED USES TO ALLOW FOR A FOUR STORY STRUCTURE THAT WILL BE USED AS A HOTEL, UM, DESPITE THE SUBJECT PROPERTY BEING LOCATED ON A MAJOR INTERSECTION. THE PORTION WHERE THE FOUR STORY DEVELOPMENT WILL BE LOCATED IS BETWEEN TWO PROPERTIES THAT ARE CURRENTLY BEING USED AS SINGLE FAMILY RESIDENTIAL USES THE MAXIMUM HIGH OF ANY PORTION OF A COMMERCIAL OFFICE OR MULTIFAMILY ZONE DISTRICT LOCATED WITHIN 50 LINEAR FEET OF THE PROPERTY. LINE OF AN ESTABLISHED SINGLE FAMILY RESIDENTIAL USE SHALL BE LIMITED TO THE MAXIMUM HEIGHT OF THE SINGLE FAMILY DISTRICT, WHICH IS LIMITED TO 35 FEET OR TWO AND A HALF STORIES. AND THIS IS A SITE PLAN. THE GREEN IS GONNA BE WHERE THE FOUR STORY STRUCTURE'S GONNA BE. AND THIS IS THE SUBJECT PROPERTY. AND THIS IS THE LOCATION WHERE THE FOUR STORY STRUCTURE WILL BE LOCATED. AND THIS IS THE VIEW FROM BELMONT STREET AND THIS IS THE SURROUNDING AREA. STAFF RECOMMENDATION FOR THE HIGH VARIANCE STAFF, RECOMMEND DENIAL AND BO O A DASH TWO THREE DASH 1 0 3 0 0 1 7 9 BASED ON THE FOLLOWING. UH, ONE THE REQUEST IS CONTRARY. UM, IT'S CONTRARY TO THE PUBLIC INTEREST OF THE ABUTTING PROPERTIES AS A FORESTRY STRUCTURE CAN IMPOSE ONTO THE INTEREST OF THE SINGLE FAMILY RESIDENTIAL USES. AND TWO MAXIMUM HEIGHT REQUIREMENTS ARE ENFORCED TO PROTECT ACCESS OF LIGHT AND AIR TO PUBLIC STREETS AND ADJACENT BUILDINGS. AND THIS IS THE NOTIFICATION PLAN. STAFF MAIL 29 NOTICES, UH, ZERO RETURNED IN FAVOR TO AN OPPOSITION. [02:00:01] AND WE HAD NO RESPONSE FROM JEFFERSON HEIGHTS NEIGHBORHOOD ASSOCIATION, HOWEVER, RECEIVED A RESPONSE FROM, UM, DENVER HEIGHTS, WHICH IS LOCATED LESS THAN 200 FEET, AND THEY'RE OPPOSED TO THE REQUEST. AND THIS IS THE RESPONSE LETTER THAT I RECEIVED FROM DENVER HEIGHTS. THEY DID THREE TIMES. AND THIS IS THE, UM, TWO PUBLIC RESPONSES THAT WE RECEIVED FROM THE SURROUNDING NEIGHBORS. I'M GONNA LOOK IT UP RIGHT NOW. AND THAT CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. OKAY. BEFORE YOU GO, UH, ON THE STAFF REPORT FOR THIS, THERE IS AN EXTENSIVE PERMIT HISTORY FROM 2020 ALL THE WAY TILL 2023. SO, AND I ALSO SAW MULTIPLE ZONING CHANGES. CAN YOU ENLIGHTEN, UH, AND, AND SPEAK UPON THE STATUS OF THEIR CURRENT PERMITTING AS SOME OF THESE PERMITS NOW EXPIRED BECAUSE OF THEIR AGE OR, OR ARE THEY UNRELATED OR CAN YOU TALK ABOUT THAT A LITTLE BIT? I CAN'T HEAR YOU. WE CAN'T HEAR YOU. WHO ME? OKAY. I'M SORRY. I I WAS ASKING STAFFA, THERE'S AN EXTENSIVE PERMIT HISTORY IN THE STAFF REPORT GOING BACK TO 2020 ALL THE WAY TO 2023 FROM MULTIPLE PERMITS. UH, AND I'M JUST CURIOUS TO KNOW WHAT THE STATUS IS OR SOME OF THEM EXPIRED OR SOME OF THE NEWER PERMITS REPLACING OLDER ONES. 'CAUSE IT WAS, THERE WAS ALSO A COUPLE ZONING CHANGES IN THE LAST THREE, THREE OR FOUR YEARS. AND I'M JUST CURIOUS TO KNOW, YOU KNOW, WHAT GOT APPROVED AND THE TIMING OF THAT IN RELATION TO THE CODE CHANGE ABOUT THAT 50 FOOT RULE, UH, FOR BEING FOUR STORIES NEXT TO A RESIDENTIAL THAT'S SO WINDY. HELLO. ALRIGHT, SO WHEN THE I D Z WAS APPROVED, UH, OTHER BUILDINGS WERE BEING ALSO CONSTRUCTED, BUT THIS SPECIFIC BUILDING THAT THEY NEED THE VARIANCE FOR, THEY CANNOT GO FORWARD AND GET, UH, PERMITS UNTIL THIS IS APPROVED. UM, SO I BELIEVE THOSE OTHER PURPOSES JUST FOR THE OTHER BUILDINGS THAT WERE PART OF THE I D Z. OKAY. SO THE, SO THE CASE BEFORE US IS ONLY FOR THAT, THAT THIN OUT SLIVER THAT, THAT FRONTS THE STREET. THE OTHER PERMITTING WAS FOR THE OTHER BUILDINGS IN THE PARKING, CORRECT. ALL THE SAME SITE, THEY'RE ALL ON THE SAME SITE? THAT'S CORRECT. OKAY. ALRIGHT. THANK YOU VERY MUCH. SO, ANY OTHER COMMISSION QUESTIONS FOR STAFF? YEAH, MR. CHAIRMAN, COMMISSIONER ZUNIGA? YEAH, I'M A, I'M PUZZLED ON THE ZONING ON I TWO M L O D AND H A O D. UH, CAN THEY BE USED ALTOGETHER? YES. WITH ID? YES. IDZ TWO ALLOWS, UH, FOR THE USES THAT ARE PRESCRIBED AS PART OF THAT ZONING DISTRICT. SO IN THIS PARTICULAR CASE, IT'S ALL THE USES PER, UH, PER PERMITTED IN C TWO AND A HOTEL. AND SO FOR THIS INDI FOR THIS PROJECT, THEY WERE, THEY GOT PERMITS FOR OTHER STRUCTURES. HOWEVER, THEY NEEDED TO MOVE THIS STRUCTURE OVER CLOSER TO THE EXISTING R FOUR ZONING AND USES. AND BECAUSE OF IT, IT'S TRIGGERING THE REQUIREMENT FOR A VARIANCE TO THE HEIGHT. BECAUSE EVEN IF YOU HAVE I D Z TWO, THE HIGHEST YOU CAN GO IS TWO AND A HALF STORIES AND 35 FEET. MY LAST QUESTION IS THAT ON, I PULLED UP THE I D Z SITE PLAN APPROVED BY CITY COUNCIL IN 2020 AND THEY'RE SHOWING THESE BUILDINGS TO BE IN DIFFERENT LOCATIONS THAN WHAT IT APPEARS IS HAPPENING NOW. CORRECT. THEY GOT A MINOR SITE PLAN AMENDMENT. OKAY. SO THAT'S OKAY. THAT'S WHERE I WAS GETTING, SO THE SITE PLAN THAT'S IN YOUR PACKET IS THE CORRECT SITE PLAN. AND HAD THEY HAD NOT GOTTEN THAT AMENDMENT, UM, WOULD SCOPE THEY WOULD'VE NOT HAD TO DO. OKAY. SO THIS IS ALL TIED TO THEM MAKING A CHANGE AFTER THEY GOT ENTITLED FOR THIS DIRECTION THAT THEY MOVED THEIR PROPERTY INTO? CORRECT. OKAY. THAT, SO DID ANY COMMIT TO, TO EXPLAIN WHAT'S GOING ON HERE? SO IN 2020 THEY, THEY PRODUCED AN I E Z SITE PLAN GOT APPROVED BY CITY COUNCIL AND THAT SITE PLAN SHOWED THIS DEVELOPMENT, BUT IT SHOWED THE, THE, A COMMERCIAL STRUCTURE THAT WAS MOVED OVER, UH, THEY DID A MINOR AMENDMENT TO MOVE IT OVER TO THE EAST MORE, UM, WHICH THEN CAUSED IT TO BE THE 50 FOOT, UH, VIOLATION ISSUE. SO THERE, SO THEY WERE ENTITLED TO DO A CERTAIN THING. THEY MADE IT A DIRECTION CHANGE, WHICH CAUSED THEM TO COME BEFORE US TO TRY TO ACCOMPLISH. WERE THEY STILL TRYING TO DO A FOUR STORY BUILDING PREVIOUSLY? YES, SIR. ALRIGHT. SO THAT, IS THERE ANY QUESTIONS, UH, BEFORE WE HEAR FROM THE APPLICANT? YES. REAL QUICKLY BUILDING? YES. DID THEY STILL BUILD THE FOUR STORY BUILDING ON THE OTHER PART OF THE LOT? UM, IT, IT, I DON'T KNOW IF THEY EVEN OWN IT. UH, WE'LL HAVE TO HEAR FROM THE APPLICANT, BUT IT APPEARS LIKE THIS MAY HAVE BEEN DONE BECAUSE THAT, THAT EXISTING HOUSE THAT'S IN THE R FORCE ZONING BEFORE THE PARKING AND THE STRUCTURE BEING PROPOSED MAY NOT BE PART OF THE OWNERSHIP ANYMORE. BUT WE'LL HEAR FROM THE APPLICANT 'CAUSE THAT'S WHAT IT LOOKS LIKE. [02:05:01] WHAT HAPPENED, THE I D Z SITE PLAN DOES, SHOWS THE BUILDING RIGHT NEXT, RIGHT WHERE THAT HOUSE IS, WHERE THE, UH, TO THE WEST OF THE GREEN HIGHLIGHTED AREA, THE APPROVED SITE PLAN SHOWS THE STRUCTURE GOING THERE AS OPPOSED TO HOPPING OVER ONE ONE HOP. SO, UH, IF THE APPLICANT'S PRESENT, COME ON UP AND STATE YOUR NAME AND TELL US ABOUT YOUR CASE. DO THEY OWN SALES? WE'LL FIND OUT. HI. GOOD AFTERNOON EVERYONE. UM, SO WE, UH, MY WIFE AND I HAVE OWNED THIS PROPERTY, UM, SINCE 2006. CAN YOU STATE YOUR NAME, SIR? OH, I'M SO SORRY. RAKESH ER. OKAY. UM, WE HAVE OWNED THIS PROPERTY SINCE 2006. AND, UH, MY BACKGROUND IS IN MEDICINE IN RADIOLOGY, AND I HAVE, UM, AS OF RECENT, WE, UM, WE DEVELOPED THAT ONE SECTION. IF YOU'RE JOSEPH, IF YOU CAN PULL THAT UP, THE ONE WITH THE GREEN IMAGE PLEASE. THIS ONE, IF YOU SEE WHERE IT SAYS EXISTING BUILDING, SIR, WE HAVE A POINTER THAT YOU CAN USE. THANK YOU. IF YOU, IF YOU LOOK AT THIS STRUCTURE RIGHT HERE, WE JUST BUILT THAT, UM, OH MY GOD. THIS WAS A PROCESS IN THE MAKING. UM, IT TOOK US FOUR YEARS TO BUILD THIS OUT, WHICH IS WAY, WAY TOO LONG. UM, AND HAVING SAID THAT, WE'RE IN DISTRICT TWO, SO KEEP THAT IN MIND. WE, WE HAVE HAD, WHERE YOU SEE THIS RIGHT HERE, I'LL JUST POINT TO THIS WHERE, WHERE THE X AND THE U IS. THERE WAS A STRUCTURE THERE BACK IN 9 18 65. UH, THAT'S, THAT'S FROM YOUR RECORDS. WE, WHEN WE STARTED THIS BUILD OUT, WE CAN, WE OPENED A CAN OF WORMS, UM, ONLY TO FIND OUT, OH MY GOD, THIS WAS SUCH A, SUCH AN UNDERTAKING. UM, SINCE, SINCE WE BUILT THIS OUT, WE'VE HAD THREE COUNCILMAN CHANGES. AND THAT'S WHY THIS IS SUCH A BEEN A CHAOTIC THING TO HAVE HAD DONE. YOU KNOW, SO WHAT, AS OF RECENT, WHAT WE'RE GONNA DO IS, WHAT WE'RE PLANNING TO DO IS BUILD A STRUCTURE OVER ON THIS SIDE. AND WHAT WE WANT TO DO IS DO A FOUR STORY BUILDING. 'CAUSE WE HAVE, UM, BEING THAT WE'RE IN THE MILITARY CITY OF SAN ANTONIO, I MEAN, WHAT WE WANT TO DO IS A, UM, WE RIGHT NOW HAVE A M O U FROM, UM, AMERICAN GI FOR THE HOMELESS VETERANS. AND JOSEPH, IF YOU, IF YOU CAN PULL UP THAT LETTER, PLEASE. NO, NO, NO. OKAY. WE HAVE, UH, AS AFTER C OVID, UH, 2020, WE HAVE, UH, BEEN, WE WERE REACHED OUT TO, UM, FROM THE AMERICAN GI. AND WE HAVE, WE WERE ABOUT 80% OCCUPANCY ON BOTH SIDES RIGHT NOW. AND RIGHT NOW WE HAVE A COMMITMENT FROM THE NATIONAL, UH, VETERANS ASSOCIATION. AND, UH, ONE OF, UH, THEIR, ONE OF THEIR MEMBERS IS ALSO HERE IN THE, IN THE AUDIENCE. BUT BASICALLY WE HAVE HAD A HUGE NUMBER OF PEOPLE THAT HAVE, UH, THAT ARE, WE'RE ABOUT 80% FULL WITH WE'RE HELPING THE AMERICAN VETERANS WITH THE GI. AND WHAT WE WANT TO DO IS WE HAVE A COMMITMENT FROM THEM TO BE ABLE TO HOUSE HOMELESS VETERANS. AND THERE ARE SO MANY THAT WE WANT TO HOUSE AND HELP, BUT WE'RE NOT ABLE TO. AND WE WANT TO PROVIDE THE MAXIMUM CAPACITY, MAXIMUM HEIGHT TO BE ABLE TO GIVE THAT STRUCTURE. AND WE HAVE, WE HAVE THE SPACE FOR IT, BUT WE'RE IN, WE'RE RUNNING INTO THIS HICCUP OF THE HEIGHT VARIANCE. UM, NOW HAVING SAID THAT, WE WOULD LIKE TO MAKE THAT WHOLE STRUCTURE THE NEW STRUCTURE TO BE COMPLETELY A D A COMPLIANCE, WHICH IS, WOULD BE THE FIRST IN, IN THE US. WE WANT THE ENTIRE STRUCTURE TO HAVE WHEELCHAIR CAPABILITY TO MAKE IT ACCESSIBLE. AND HAVING SAID THAT, WE WANT IT TO BE INTERIOR CORRIDOR. BECAUSE WE'RE IN DISTRICT TWO, SAFETY'S ALWAYS A PARAMOUNT. WE WANNA MAKE SURE WE, WE GIVE THE VETERANS THE MAXIMUM SECURITY MAXIMUM, EVERYTHING. SO, AND WHAT THIS, THIS LETTER HERE IS BASICALLY THE NATIONAL, UH, THE VETERAN AMERICAN GI IS THEY HELP TO, UH, FOR HOUSING, FOOD, UM, HOME HEALTH, UH, TRANSPORTATION AND JOB PLACEMENT. AND WHAT WE, WHAT WE HAVE PARTNERSHIP, PARTNERSHIP WITH THEM WITH IS THAT THEY WOULD HELP US, THEY WOULD HELP THE, THE GIS TO BE ABLE TO GIVE THEM HOUSING, GIVE THEM ALL THE DIFFERENT SERVICES, AND WE'RE, WE WANT TO, WITH A NEW STRUCTURE, IT WOULD BE EXCLUSIVELY FOR THE AMERICAN GIS FOR FOR VETERANS. AND, UM, WE HAVE TRIED TO REACH OUT TO DENVER HEIGHTS ASSOCIATION. WE'VE REACHED OUT TO SEVERAL PEOPLE AND TO NO AVAIL. WE HAVE NOT BEEN ABLE TO, WE HAVE SENT EMAILS, [02:10:01] WE'VE SENT A CONTACT TO THEM. WE HAVE NOT BEEN ABLE TO, UM, THE OPPOSITION WHO, WHO HAD BEEN IN CONTACT WITH, WITH, UH, CITY HAVE, WE HAVE NOT BEEN ABLE TO GET AHOLD OF THEM. BUT AGAIN, WE WE'RE TRYING TO RE REVITALIZE DISTRICT TWO. WE'VE, WE'VE BEEN IN THERE, WE'RE HUSBAND AND WIFE. WE WANNA TAKE THIS TO THE NEXT LEVEL, HELP THE CITY, HELP THE VETERANS. UM, AND THIS IS THE, WE WANT TO TAKE THE, THE HEIGHT TO THE FOUR STORY TO BE ABLE TO ALLOW MAXIMUM PEOPLE TO HOUSE THE VETERANS. OKAY. SO A COUPLE QUICK QUESTIONS. SURE. UM, WE HEARD THAT YOU HAD DONE A MINOR SITE, I D Z SITE PLAN AMENDMENT. SO WHY, WHAT, WHAT HAPPENED TO THE, THE, WHY DID EVERYTHING MOVE OVER A LOT? CAN YOU TALK ABOUT THAT? UM, BECAUSE WE, WE RAN INTO THAT JUST BECAUSE OF THE NEXT, AGAIN, THE ZONING CHANGED. WE'VE HAD, AGAIN, THREE COUNCILMEN. THEY CHANGED THE ZONING. NOW, TO ANSWER YOUR QUESTION, UM, BECAUSE IT WAS A NEXT ON, ON THE RIGHT SIDE, WHICH IS THE EAST, UH, IF YOU CAN JOSEPH, PULL UP THAT ONE IMAGE WITH THE GREEN? YEP. JUST TO THIS RIGHT HERE WHEN I'M TALKING BETWEEN THE GREEN AND THE FUTURE PARKING WHERE IT SAYS EXISTING HOUSE R FOUR ZONING RIGHT HERE? YES. UH, POINT AT IT AGAIN. YEAH. DO YOU OWN THAT? NO. OKAY. 'CAUSE THAT LOOKED LIKE IT WAS A PART OF YOUR SITE PLAN PREVIOUSLY. UNLESS I'M READING THIS WRONG, BUT YEAH, NO, THAT'S NOT OURS. WE'VE BEEN TRYING TO ACQUIRE THAT PROPERTY FOREVER AND APPAR, UNFORTUNATELY. OH YEAH. I DON'T WANNA BORE YOU GUYS, BUT THIS IS THIS HOME AND THEN THERE'S A HOME ACROSS THE STREET. IS A HUSBAND, WIFE, BAD MARITAL? THEY DON'T WELL, THAT, THAT, YEAH, WE DON'T, IT'S PRETTY BAD. IS THAT HOUSE A SINGLE FAMILY OR IS A MULTI-FAMILY? SINGLE FAMILY. IT IS. OKAY. SO WHAT I'M CON SO ANOTHER THING I'M CONFUSED ABOUT IS YOUR ORIGINAL PLAN FROM 2020 SHOWED YOUR, YOUR FUTURE BUILDING TO GO TO THE WEST WHERE YOU SHOW THE FUTURE PARKING RIGHT HERE. YES. AND, AND I THOUGHT THAT WERE THEY, WERE YOU PROPOSING A FOUR STORY BUILDING IN 2020? IT WAS 30, I BELIEVE IT WAS 37. WOW. EQUIPMENT PROBLEMS TODAY. UM, , I BELIEVE IT WAS 37 FEET. AND WHEN DID, WHEN DID THAT RULE AT THE 50 FOOT RULE? UH, BUDDING A RESIDENTIAL COME INTO P UH, PLAY. IT, IT'S BEEN IN EXISTENCE FOR A WHILE. UM, LIKE FOUR YEARS, FIVE YEARS. MORE, MORE THAN THAT. MORE AT LEAST TWO TO THREE YEARS. BUT SO THERE'S A PROVISION THOUGH IN PART IN THE I D Z, ANYTHING THAT HA IS REZONED AND, AND PERMITS AFTER 2018, THAT NOTES THAT IF THERE IS A SINGLE FAMILY STRUCTURE OR USE, UM, REGARDLESS OF THE SITE PLAN THAT IS APPROVED, THEY HAVE TO, UM, GET A VARIANCE TO HEIGHT. UM, BECAUSE THE MAXIMUM THEY CAN GO IS TWO AND A HALF STORIES, 35 FEET. OKAY. YEAH. I, I WAS, I WAS JUST TRYING TO PUT THIS IN PERSPECTIVE AND I ALSO WANTED TO ENSURE THAT THAT HOME, LIKE IT WASN'T, THIS WASN'T AN ISSUE BECAUSE TO THE EAST OF WHERE HE'S PROPOSING THE GREEN, IT'S, IT'S REALLY THE R FOUR ZONING THAT HE DOESN'T OWN TO THE WEST OF THE GREEN. THAT IS, IS SO HE HAS A PROBLEM ON BOTH SIDES. HE HAS A PROBLEM ON BOTH SIDES. YES, SIR. OKAY. ALRIGHT. I JUST, I JUST, I WANTED TO GET THAT CLEAR. SO COMMISSIONER CAP KAPLAN QUESTION. OKAY, SO HOW MANY UNITS ARE YOU GOING TO GET IF YOU DO FOUR STORIES VERSUS TWO STORIES? SO AGAIN, BEING THAT WE'RE GOING TO BE ABLE TO, WE WANT TO DO ALL A D A ROOMS COMPLIANCE. UM, WE'RE GOING TO THIS, WE'RE GONNA HAVE TO SCALE BACK THE NUMBER OF UNITS THAT WE'RE GONNA BUILD ON EVERY LEVEL. SO GIVEN, TO ANSWER THAT QUESTION, IT'S GONNA BE ABOUT NINE PER LEVEL. SO IF YOU, OKAY. 36. SO THE QUESTION IS, IF YOU BUILT ON THE PROPERTY WEST OF 1 1 4 BELMONT, THIS ONE, OKAY. YEAH. THAT WHERE YOU HAVE YOUR FUTURE PARKING, THAT LOOKS LIKE A MUCH LARGER SPACE. WOULDN'T YOU BE ABLE WITH TWO OR THREE STORIES TO GET THE SAME NUMBER OF UNITS? SO WHAT, UNFORTUNATELY, OKAY, SO WHEN WE BUILD THIS OUT, WE, WE HAD ENVISIONED THIS TO BE THE FUTURE PARKING UHHUH. HOWEVER, AFTER, BECAUSE IT TOOK LIKE FOUR YEARS TO BUILD IT OUT, IT FINANCIALLY MADE SENSE TO CONTINUE THIS TO GO TOWARDS BELMONT STREET RIGHT HERE. SO WHAT WE ENDED UP DOING IS WHEN WE DID THE, WHEN WE APPLIED FOR THE PERMITS, WE ENDED UP MAKING THIS AS A DETENTION POND. A DETENTION POND? DETENTION POND, I MEAN WATER FOR WATER. WATER, YES, MA'AM. SO THIS, AGAIN, WE HAD TO SHIFT THESE TWO AROUND. I, I EXACTLY UNDERSTAND WHAT YOU'RE SAYING, BUT WE WERE GONNA END, WE WERE GONNA MAKE A L SHAPE HERE. HOWEVER, BECAUSE OF THE FINANCIAL BE, IF WE PUT SOME STRUCTURE HERE, [02:15:02] THERE WAS A ISSUE WITH WATER. OKAY. SO WE ENDED UP HAVING TO SCALE IT BACK TO HERE. OKAY. AND ONLY ALSO, ISN'T THERE A, UM, A VETERANS, HOMELESS VETERANS, UH, ON DAKOTA STREET IN NEW BRAUN? YEAH. YEAH, IT'S RIGHT. THERE'S ONE FAIRLY CLOSE, IN FACT. YES. THAT'S WHAT I WAS GONNA, UM, THERE'S, UH, IT'S OVER. I WAS GONNA ACTUALLY HAVE THE BROCHURE HERE. YEAH. IT'S, THEY PROVIDE SERVICES. WE'RE LIKE THREE HALF A MILE FROM ST. PHILLIPS COLLEGE. RIGHT. AND THEY PROVIDE THESE OUTREACH PROGRAMS TO THESE VETERANS, MEANING THEY PROVIDE, IF YOU COULD SHARE THIS WITH THE, SO IS IS THE REST OF YOUR IN ALSO FOR VETERANS? YES. FOR HOMELESS. RIGHT. SO YOU'RE WHOLE THING IS FOR HOMELESS VETERANS. YES. AND WE HAVE A PARKING, UH, LIKE A BUS STOP HERE. BUS STOP HERE. H E B IS LIKE LESS THAN HALF A MILE. WE PROVIDE EXCELLENT SERVICE. WE ACTUALLY HAVE TESTIMONIALS, IF YOU DON'T MIND, WE CAN SHARE THAT AFTER, UM, FROM TWO VETERANS THAT ARE ALREADY STAYING HERE. AND THIS IS A, LIKE YOU WERE SAYING, I THINK CONNOLLY STREET RIGHT THERE. MM-HMM. . WELL, IT, IT'S, WE APPRECIATE EVERYTHING YOU'RE DOING. WE JUST WE'RE, WE'RE REALLY WANTED TO, TO STAY ON POINT. ABSOLUTELY. WITH THE FOUR STORIES, HOW IT AFFECTS YOUR TWO NEIGHBORS. ABSOLUTELY. DID YOU DO ANY OUTREACH TO THE TWO NEIGHBORS? WE, THE TWO PEOPLE THAT, THAT ARE, UM, I, I ONLY KNOW ONE OF THE TWO THAT WAS IN OPPOSITION. AND THEY DON'T EVEN OWN THE PLACE THEY JUST RAN, OR I BELIEVE THEY, THEY'RE ONE OF THE KIDS WHO THEY ARE. I BELIEVE IT'S THAT. OKAY. HOW, HOW WIDE IS THE LOT IN QUESTION? THIS LITTLE PART? UM, I BELIEVE IT'S 130 FEET FROM THIS POINT TO THIS POINT? NO, THE, THE, THE WIDTH ALONG, UH, BELMONT. THIS SIDE? YES. I WANNA SAY IT'S 65, 70 FEET. OKAY. SO THERE'S NO WAY TO MOVE IT OVER TO THE LEFT OR THE RIGHT TO OBTAIN. OKAY. IS THERE ANY OTHER COMMISSIONER QUESTIONS? COMMISSIONER MIN CHAUM? UH, SURE. UH, YOU SAY THERE ARE ABOUT 36 UNITS, RIGHT? 36 UNITS. IF IT WAS, IF IT WAS FOURTH FLOOR, WHAT I'M GETTING AT IS THAT THE DENSITY OF THIS THING, THERE'S TWO PEOPLE IN ONE UNIT, VETERAN AND WIFE, VETERAN KIDS OR WHATEVER MM-HMM. . NOW YOU GOT 36 UNITS WITH POTENTIALLY THAT MANY PEOPLE IN EACH UNIT. SO THE NEIGHBORS NEXT DOOR IN TERMS OF THE PARKING AND ALL THAT, UH, WHAT DID YOUR NEIGHBORS SAY SO FAR AN APPROVAL OF ALL THIS DENSITY INCREASE? I, I'M NOT SURE WHAT THEY'RE OP WHAT IF THEY'RE OPPOSING? I DON'T REALLY KNOW. YOU HAVEN'T POLLED THE NEIGHBORS AT ALL? I HAVE TO. I'VE REACHED OUT TO THEM. THEY HAVE, AGAIN, THEY, THEY'RE NOT IN COMMUNICATION. I HAVE, I'VE REACHED OUT TO THEM. BUT YOU'VE WALKED ACROSS OR YOU MAILED STUFF TO THEM AND YES, THE CITY DID. YEAH. RESPONDED. THEY HAVE, THEY DIDN'T RESPOND TO ME. NO. THANK YOU. BUT QUESTION, YES. COMMISSIONER ZUNIGA. YES. DO YOU HAVE A CONTRACT RIGHT NOW WITH THE AMERICAN GI FARM? THAT'S, THAT M O U LETTER IS THE, IT BASICALLY SAYS THAT AS AFTER COVID, WE'VE, WE HAVE, WE BASICALLY, AFTER THE SIX FOOT DISTANCING AND WHATNOT, THEY WANT, THEY REACHED OUT TO US AND THEY, THEY, AT THIS POINT, CURRENT TIME, WE HAVE ABOUT 80% OF OUR FACILITIES OCCUPIED BY VETERANS. SO AS FAR AS TO ANSWER YOUR QUESTION, WE HAVE THAT MEMORANDUM FOR, YOU KNOW, UNDERSTANDING. I COULDN'T HEAR YOU ANY MR. MANNA. NOW, YOU KNOW. OKAY. NOW ON A, WE DON'T HAVE A SKETCH HERE OR RENDERING, BUT I MEAN, IN THAT BUILDING THERE, ARE YOU GOING TO HAVE, UH, A, A MEDICAL OFFICE OR, YOU KNOW, I, THE DOCTOR COMES IN, YOU KNOW, IT'S, AGAIN, SO TO ANSWER YOUR QUESTION, WE, IT'S, IT'S A HOME HEALTHCARE. SO IF ANYONE NEEDS PHYSICAL THERAPY, THEY COME IN, THEY COME TO OUR OFFICE, THEY SAY, MR. GARCIA, SO ON SO FORTH, WHATEVER SERVICE, THEY PROVIDE FOOD, THEY PROVIDE MEDICAL SERVICE AS NEEDED. RIGHT. AND THEN AS IF THEY NEED TO GO, UM, TO THE VA, THE TRANSPORTATION IS THEN BROUGHT OVER, SO ON AND SO FORTH. BUT I CAN ALSO SHOW YOU WHAT THE INSIDE BUILDING LOOKS LIKE. LIKE, AND WE'RE JUST GONNA MIRROR WHAT WE DON'T, WE DON'T, WE DON'T WANNA MAKE THIS ABOUT EDWARD SHOW, BUT I MEAN, NOW THIS VETERANS, THEY COME IN FOR A DAY, TWO DAYS, THREE DAYS IN AND OUT. NO, IT'S AN EXTENSIVE, EXTENSIVE PERIOD OF TIME. AN EXTENDED PERIOD. YES. THE MAJORITY DON'T HAVE CARS. RIGHT? EXACTLY. CORRECT. YEAH. SO YOU ARE LOOKING AT A PARKING, NOW IT'S A RETENTION POT, WHICH IS GOOD BECAUSE YOU DON'T HAVE TO CUT UNDERNEATH THE RIGHT. THE STREET OR ANYTHING TO GET YOUR SEWS RIGHT FROM THERE. RIGHT. OKAY. [02:20:01] SO IN THAT SITUATION THERE, WHAT, WHAT IS THE LENGTH OF TIME THAT, UH, YOU WOULD HAVE THE VETERANS THERE? THE, THE LONG TERM, NOT THE INTERNET. UM, YEAH, THIS FOR MEDICAL REASONS. THIS, THE, THE STAYS ARE OVER 30 DAYS. CORRECT. RIGHT. OKAY. SO IT'S, IT DOESN'T MATTER. IT'S HARD TO ANSWER THAT. THAT'S NOT, THAT'S NOT PART OF IT. MR. UH, FIRST QUESTION'S FOR CITY. SO, SO THE STRIP THAT'S UP THERE, THE IDY Z TWO, UM, WHAT'S THE MAXIMUM HEIGHT BUILDING THAT COULD BE THERE ON THAT PROPERTY AS PERMITTED? TWO AND A HALF STORIES. 35 FEET. SO TWO AND A HALF STORIES. OKAY. UM, AND THEN IF, UH, SO IF THE PROPERTY WAS MOVED OVER 50 FEET AWAY, UM, IN THE CURRENTLY, UH, DOCUMENTED LOT WHERE IT SHOWS OR, UM, I GUESS TO THE WEST OF THE EXISTING RESIDENTIAL STRUCTURE AND IT WAS 50 FEET AWAY FROM THAT PROPERTY, COULD HE DO ALL FOUR STORIES THEN? AT THAT POINT? NO, BECAUSE THERE'S STILL THAT EXISTING HOME IN THE MIDDLE. NO, IF HE MOVED IT TO THE WEST OF THAT HOME, AND IN THAT, IN THE CURRENT OPEN PARKING LOT AREA. SO WHERE IT SAYS FUTURE PARKING. SO IF HE PUSHED IT TO THERE AS LONG AS IT WAS 50 FEET AWAY, THEN HE COULD BUILD A FOUR STORY. YES. OKAY. UM, SO, SO THE QUESTION, SO YOU SAID YOU TRIED TO REACH OUT TO THE NEIGHBORHOOD ASSOCIATION MM-HMM. . AND SO, YOU KNOW, AS I LOOK DOWN THE STREET HERE, YOU KNOW, I SEE LOTS OF RESIDENTIAL HOMES ACROSS THE STREET AND THEN, YOU KNOW, SMATTERING OF HOMES, YOU KNOW, ON THE SAME SIDE. YOU KNOW, UM, HAVING A FOUR STORY INSERTED, YOU KNOW, IN THIS AREA DOES LOOK A LITTLE INCONSISTENT FROM MY PERSPECTIVE. UM, AND SO, SO, YOU KNOW, UM, I WOULD HAVE PROBLEMS VOTING FOR THIS. UM, YOU KNOW, WITHOUT THE COMMUNITY, THE NEIGHBORHOOD ASSOCIATION KIND OF SAYING THIS IS, THIS IS A PLAN USED WHERE WE, WHERE WE'RE, WHERE I SEE THAT HAPPENING. AND SO, SO YOU KNOW, JUST, JUST PUT THAT OUT THERE WHERE, YOU KNOW, MAYBE ADDITIONAL DIALOGUE TO GO OUT TO TRY TO GET THEIR UNDERSTANDING OF WHY IT IS THAT THEY'RE IN OPPOSITION AND TRY TO CONVINCE 'EM OTHERWISE. 'CAUSE UM, I'M STRUGGLING A LITTLE BIT TO BE HONEST. SO. ALRIGHT. ANY OTHER COMMISSIONER QUESTIONS? AND, UH, ZUNIGA? YEAH. COMMISSIONER ZUNIGA. YEAH, I HAVE, UH, THE SENTIMENTS JUST LIKE MR. MANNA, YOU KNOW, WHAT IS TWO AND A HALF OR MAKING IT THREE? WHY GO FOUR? BECAUSE THERE'S, IF YOU MEET WITH THE NEIGHBORS AND YOU GO HAVE OPPOSITION, RIGHT? SO IT WOULD BE FAR FROM WHAT I'VE HEARD, IT WOULD BE HARD FOR ME TO, UH, GO FOUR FEET. I'LL TELL YOU THE TRUTH. THANK YOU. SO ZUNA? YEAH. COMMISSIONER ZUNA. IT'S TRYING TO UNDERSTAND THE KIND OF THE ECONOMIC HARDSHIP, IF YOU WILL, FROM GOING FROM TWO STORIES TO FOUR STORIES. WHAT, WHAT IS YOUR ECONOMIC HARDSHIP? THAT'S, THAT'S THE CONFLICT WE'RE HAVING. LIKE IF WE DO TWO STORY, IT DOESN'T MAKE SENSE FOR US. IT, IT HAS TO BE JUSTIFIABLE IF, YOU KNOW, WITH THE NUMBERS. IT, IT JUST MAKES SENSE TO, WITH THE CURRENT COST OF INFLATION AND ALL IT HAS TO BE, WE'RE TRYING TO MAXIMIZE, THIS IS THE ONLY LOT WE HAVE LEFT TO BE ABLE TO BUILD OUT. SO WE'RE TRYING TO MAXIMIZE THAT SPACE. YEAH. WELL YOU ALSO HAVE THE LOT TO THE WEST OF 1 1 4 BELMONT. YES AND NO, BECAUSE WE HAVE MADE THAT AS A DETENTION POND. BUT YOU COULD ALSO ADD, MAKE THE EXISTING, UH, ALONG, WHAT IS THAT STREET? MAKE THAT A FOUR STORY. THE THE EXISTING, THE EXISTING STRUCTURE. THIS ONE? YEAH. NOW YOU'RE TALKING DOLLARS. WELL, THERE'S, THERE'S, UM, THE, THE, I THINK ONE OF THE, THE, WHAT WHAT I'M HEARING IS, IS THAT THERE HASN'T BEEN ENOUGH OUTREACH TO 1 1 4 BELMONT. 'CAUSE YOU'VE, YOU'VE GOT THIS. WE'VE, AGAIN, WE'VE TRIED TO REACH OUT TO THEM. THEY HAVE NOT COMMUNICATED. THEY'VE NOT, YOU KNOW, THEY'RE NOT IN CONTACT. UH, WE, WE REACHED OUT TO AND ONE TWO CONTACT WHAT ABOUT 1 2, 2 BELMONT? YEAH, BECAUSE THEY, THEY DID RESPOND SAYING THEY RESPOND, SAYING THEY'RE IN OPPOSITION. THEY RESPONDED NOT TO, NOT TO US LIKE WE REACHED, BUT TO STAFF. STAFF. WE GOT A RESPONSE SAYING THEY WHAT ABOUT 1 2, 2 BELMONT? I, I DON'T KNOW WHICH ONE THAT ONE IS. OH, THAT'S TO THE EAST OF WHERE YOU WOULD LIKE TO PUT THE STRUCTURE. THAT ONE. MM-HMM. AGAIN, THEY'RE RENTERS. I DON'T KNOW WHO THEY ARE. THEY'RE NOT, I HAVE NOT REACHED OUT TO THE OWNERS. DID YOU TRY MAILING A LETTER TO THE OWNER FROM B C A THE APPRAISAL DISTRICT WEBSITE? WEBSITE? I DID NOT. OKAY. UH, 'CAUSE THIS YOU, IT IS JUST THAT YOU'RE ASKING A FOUR STORY, A PRETTY INTENSIVE REQUEST TO BE NEXT TO A SINGLE FAMILY HOME. THAT'S WHY THERE'S A SPECIFIC CODE. CORRECT. I UNDERSTAND. DOESN'T ALLOW IT. AND AS FAR AS THE DETENTION POND, I MEAN, YOU COULD HAVE PUT UNDERGROUND PIPES IN THE PARKING LOT OR SOMETHING AND, AND USED THAT, UH, FOR A CONSTRUCTION OF A STRUCTURE. IS THERE ANY OTHER, UH, MR. KAPLAN? I, I I WOULD JUST SAY THAT OUT, YOU KNOW, IT'S PUTTING 36 UNITS NEXT TO A, IN [02:25:01] A SINGLE FAMILY ZONE, ESPECIALLY, UH, FAMILIES THAT NEED SERVICES. UM, IT PUTS STRESS ON THE NEIGHBORHOOD. AND I WOULD NOT BE IN FAVOR OF THIS UNLESS I KNEW THAT THE NEIGHBORS WERE OKAY WITH, WITH THAT. OKAY. SO IF, IF, UH, IF YOU THINK, UM, YOU, IF YOU HAD SOME MORE TIME, I ABSOLUTELY, I COULD, I COULD MOVE FOR A, A CONTINUANCE IF, IF YOU COULD GET SOME ACTUAL CORRESPONDENCE WITH THESE TWO NEIGHBORS OKAY. TO POTENTIALLY HELP SWAY THE BOARD. AND I WOULD ALSO SAY THE NEIGHBORHOOD ASSOCIATION NEIGHBORHOOD, THAT HONESTLY MORE RELEVANT. I KNOW THAT YOU'VE TRIED, BUT I THINK I'VE, I'VE TRIED. YEAH. I, YOU KNOW, WORK WITH THE CITY AND THEY'LL HELP, YOU KNOW, AND YOUR COUNCIL PERSON. RIGHT. UM, THEY'LL, THEY'LL HELP MAKE THAT. DOES DOES ANYONE ELSE WANT TO ADD TO THIS? YEAH, COMMISSIONER SPIELMAN. I WAS THINKING THAT, UH, YOU KNOW, SOME SORT OF A COMPROMISE MIGHT BE THREE STORIES BASED ON THE FACT THAT, YOU KNOW, WE'D BE GIVING A LITTLE BIT IN TERMS OF THAT. BUT, YOU KNOW, FOUR STORIES. BOY, THAT'S A HUGE LIFT. THAT'S HUGE. WOULD THREE BE SOMETHING? THREE IS, UH, WE, I APPRECIATE THAT. I MEAN, UM, THREE IS BETTER THAN TWO. UM, BUT, UH, WELL, I, I DON'T DO THIS TOO OFTEN, BUT, UM, YOU KNOW, IT WOULD YOU, WOULD YOU, UH, RATHER US, UH, COMMISSIONER SPIELMAN POTENTIALLY MAKE A MOTION FOR THREE STORIES AND SEE HOW THIS GOES? OR WOULD YOU INTEREST IN A CONTINUANCE? UM, YOU TELL HIM WHAT HAPPENS IF WE IT DOWN? YEAH, IF WE, I WOULD RECOMMEND CONTINUANCE PERSONALLY. OKAY. CONTINUANCE IS, I'M, I'M HEARING TWO PEOPLE COMMENT. FOR A CONTINUANCE CONTINUANCE, HOW MUCH TIME WOULD YOU NEED A MONTH? WE HAVE AUGUST 7TH AND AUGUST 21ST. 21ST IS PROBABLY, WHAT DAY WOULD THAT FALL ON MONDAY. MONDAY, OKAY. OKAY. SO AT THAT TIME IT'S, UH, CAN YOU, WHAT ARE THE OPTIONS? WHAT ARE THE, HOW DOES THAT PLAY OUT? I GUESS? SO YOU WOULD COME BACK, UH, IF A, IF A CONTINUANCE PASSES, YOU WOULD COME BACK ON THE, ON MONDAY, THE 21ST AND, UH, WITH HOPEFULLY WITH SOME REAL DOCUMENTATION FROM THE TWO NEIGHBORS IN THE NEIGHBORHOOD ASSOCIATION. OKAY. UM, SO WITH THAT, AT THAT POINT, I GUESS THE QUESTION IS, IF, IF I DON'T HAVE ANY SUCCESS, OBVIOUSLY WE'LL BE NOWHERE , YOU GOTTA S WHATEVER YOU NEED, YOU GOTTA SWAY NINE PEOPLE TO UH RIGHT. BUT TO, TO PROVE ANYTHING. SO WITH THAT, I'LL, BUT IF I DON'T HAVE THAT MUCH, LIKE, IF THEY DON'T REACH, IF WE SEND OUT CORRESPONDENCE AND IF WE DON'T, IT'S THEN WHAT WE WANT TO HEAR FROM HEARING FROM THE NEIGHBORS IS A VERY BIG DEAL. OKAY. UH, HISTORICALLY ON THIS BOARD. AND SO IF THAT'S SOMETHING YOU CAN'T DO WELL THAT'S SOMETHING YOU CAN'T DO. OKAY. BUT I'M JUST INFORMING YOU THAT IT'S VERY IMPORTANT. ALLY, I APPRECIATE OKAY. TO THIS BOARD. SO WITH THAT, I MOVE TO CONTINUE THIS, UH, CASE B B O A 23 DASH 1 0 3 0 0 0 1 79 TO AUGUST 21ST. SECOND. SECOND BY COMMISSIONER MANNA. UM, ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? HEARING NONE. YOU'VE BEEN, YOU'RE CONTINUED. PLEASE, UH, TAKE THIS TIME AND MAKE THE MOST OF IT. THANK YOU. ALSO, YOU MAY CONSIDER BLOCK WALKING TO, TO THE REST OF THOSE NEIGHBORS ON THAT SAME BLOCK ON THE, ACROSS THE STREET. SO THAT WAY YOU KIND OF GET INPUT FROM ALL OF THEM. THAT MAY BE OF SIGNIFICANT VALUE AS WELL. YEAH. THANK YOU. UNFORTUNATELY, OUR AREA IS, IT'S NOT THAT ASSEMBLE . NO, THANK YOU. WELL, YOU'VE GOT, LIKE I SAID, YOU'VE GOT A MONTH. PLEASE MAKE THE MOST OF IT. THANK YOU. ALL RIGHT. ITEM SIX. THIS ONE'S RE ITEM NUMBER SIX, BO 8 23 1 0 3 0 0 0 0 1 8 0. ADDRESS IS 8 31 SOUTH SAN WATER AVENUE COUNCIL DISTRICT FIVE APPLICANT IS CSO ENRIQUEZ. A REQUEST FOR ONE A 1,725 SQUARE FOOT VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT REQUIREMENT TO ALLOW A DEVELOPMENT ON A 2,275 SQUARE FOOT LOT. AND TWO, A 10 FOOT VARIANCE FROM THE MINERAL AND 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE 10 FOOT FROM THE REAR PROPERTY. LINE ZONING IS R FOUR RESIDENTIAL SINGLE FAMILY CASE SUMMARY. THE SUBJECT PROPERTY IS CURRENTLY A VACANT LOT LOCATED ON SOUTH STANDARD WATER AVENUE GRINDING. THE REQUESTED VARIANCE WILL ALLOW THE DEVELOPMENT OF A SINGLE FAMILY HOME ON A SUBSTANDARD LOT. THE VARIANCE WERE ALSO WILL ALSO ALLOW THE SINGLE FAMILY HOME TO BE 10 FEET FROM THE REAR OF PROPERTY LINE UPON STAFF VISIT. STAFF OBSERVED VARIOUS VARIATIONS OF LOT SIZES IN THE VICINITY. IT WAS ALSO OBSERVED AT NUMEROUS PROPERTIES IN THE AREA WERE VACANT. A [02:30:01] SITE PLAN, THE SUBJECT PROPERTY, THE SURROUNDING AREA. STAFF RECOMMENDATION, REAR SETBACK VARIANCE. STAFF RECOMMENDS APPROVAL IN BO O A 23 1 0 3 0 0 1 8 0 BASED ON THE FOLLOWING FINDINGS, THE REQUEST DOES NOT APPEAR OUT OF CHARACTER FOR THE AREA AS THERE ARE SIMILAR STRUCTURES IN THE SURROUNDING AREA. AND TWO, THE REQUESTED VARIANCE WILL MAINTAIN A REASONABLE DISTANCE AND OBSERVED DISPARITY OF THE ORDINANCE. STAFF RECOMMENDATION FOR LOT SIZE VARIANCE, STAFF RECOMMENDS DENIAL M B O A 23 1 0 3 0 0 1 8 0. BASED ON THE FOLLOWING FINDINGS, THE APPLICANT CAN REZONE TO HIS ZONING DISTRICT THAT WOULD ALLEVIATE THE NEED FOR THE REQUESTED ZONING VARIANCES. NOTIFICATION PLAN. STAFF KNOW THAT 40 NOTICES ZERO. RETURN IN FAVOR, ZERO RETURN IN OPPOSITION. AND LOS PALMAS NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT SHOULD BE AVAILABLE BEFORE YOU GO THIS ON THE, ON THE LOT SIZE. DID DID THEY QUALIFY FOR A C O D? WAS THERE ANYTHING THAT, THAT, OR, OR IS THAT JUST PART OF THEY DID NOT QUAL, THEY DID NOT QUALIFY FOR A C O D. OKAY. IS THE APPLICANT HERE? UM, 8 31 SOUTH SAN EDUARDO. CAN WE AND JUST STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. MY NAME IS S ENRIQUE. AND, UH, UH, I BOUGHT, UH, A LOT WITH JUAN. WE ARE BOUGHT OWNERS. MM-HMM. , AND WE WANT TO BUILD A SINGLE, UH, FAMILY HOME. THE LOT IS BACKEND. AND, UH, ACROSS THE STREET THERE ARE THREE HOUSES, SAME SIZE. WE WENT TO BUILD WITH, EVEN WITH, UH, SMALL, SMALLER, UM, OKAY. HOW YOU SAY, MR. CHAIRMAN? THE INTERPRETERS HERE? YES. OKAY. HELLO, THIS IS GABRIELA SPANISH INTERPRETER. UM, WE, WE BOUGHT THIS, UH, VACANT LOT MM-HMM. . AND WE WANT TO BUILD A, A UNI, A RESIDENTIAL FOR ONE FAMILY FOR SALE. FOR SALE. MM-HMM. ON THE OTHER SIDE OF THE STREET, THERE ARE THREE HOUSES EXACTLY THE SAME AS WHAT WE WANT TO BUILD ON IN THIS LOT, IN THE, THE SAME SIZE, BUT IN LESS, UM, UM, UM, SPACE BETWEEN THE THREE HOUSES THAN WHAT WE ARE REQUESTING. THAT'S IT. THAT'S IT. OKAY. UH, SO QUESTION FOR STAFF. THE THREE THAT THEY MENTIONED DID, DID THEY, UH, DID THEY QUALIFY FOR C O D OR, OR, OR WHAT? 'CAUSE THEY'RE OWNED OUR FOUR AS WELL. THEY LOOK LIKE THEY'RE THE SAME SIZE. SEC. ONE SECOND. THE, THE SIZE OF THE LOT IS THE SAME ACROSS THE STREET. JUST IN FRONT. IT'S 25 WIDE. 95 LENGTH. HMM. NOW WE CAN SEE STAFF IS, IS LOOKING INTO, UM, HOW THEY QUALIFIED. WHAT, ARE THERE ANY COMMISSIONER QUESTIONS WHILE WE'RE WAITING FOR STAFF TO LOOK INTO ACROSS THE STREET, [02:35:13] AND I KNOW STAFF IS LOOKING THIS UP, BUT WHEN, AS A FOLLOW UP QUESTION, IS THE REASON WHY THEY DIDN'T QUALIFY IS BECAUSE THEY DIDN'T MEET THE SIZE FOR THE ZONING DISTRICT. UH, TO GET CLARIFICATION, I HAD TO GET CLARIFICATION FROM LAND ENTITLEMENTS ON EXACTLY WHY THEY DIDN'T. UH, WHEN WE REACHED OUT TO THEM, THEY TOLD US THAT THEY NOT QUALIFY FOR ONE. I'M TRYING TO SEE WHAT EXEMPTIONS THE OTHER PROPERTIES GOT. I THINK THAT THEY, I THINK TYPICALLY YOU HAVE TO MEET THE ZONING, THE, THE, YOUR SIZE OF YOUR LOT HAS TO MATCH YOUR ZONING, BUT WHICH JUST MADE IT MAKES IT A LITTLE CONFUSING FOR THE LOTS ACROSS THE STREET. LOOKS LIKE, LOOKS LIKE THEY HAD A PORT OF ADJUSTMENT BACK IN 2019. OH, SO WE, WE APPROVED THE SIZE. CORRECT. OKAY. SO THAT'S FOOD FOR THOUGHT . SO IF THERE'S NO QUESTIONS, UM, IS THERE ANY PUBLIC COMMENTARY? ANYONE SIGN UP TO SPEAK? UH, NO PUBLIC COMMENT. OKAY. SO WHAT WE'RE GONNA DO, WE'RE GOING TO, UH, DELIBERATE IF Y'ALL COULD TAKE A SEAT. SEE ALL THIS TURNS OUT. ALL RIGHT, COMMISSIONER KAPLAN, REGARDING CASE NUMBER BO O A DASH 23 DASH 1 0 3 80, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE A 1,725 SQUARE FOOT VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT LOT REQUIREMENT TO ALLOW A DEVELOPMENT ON A 2,275 SQUARE FOOT LOT. AND TO A 10 FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE 10 FEET FROM THE REAR PROPERTY LINE SITUATED AT 8 31 SOUTH SAN EDUARDO AVENUE, APPLICANT BEING CELSO G ENRIQUEZ. BECAUSE THE TESTIMONY PRESENTED TO THAT, WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE IS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE APPLICANT IS REQUESTING A 10 FOOT VARIANCE IN THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE 10 FEET FROM THE REAR PROPERTY LINE, WHICH DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST. THE SURROUNDING AREA WOOD STRUCTURES. DOES THAT, THAT DOESN'T MAKE SENSE, HAVE SIMILAR REAR SETBACKS AND ARE APPROPRIATE FOR THE AREA. THE APPLICANT'S REQUEST FOR A 1,725 SQUARE FOOT VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT, UH, REQUIREMENT TO ALLOW A DEVELOPMENT ON A 2,275 SQUARE FOOT LOT APPEARS TO BE NOT CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF FINDS AN UNNECESSARY HARDSHIP FOR THE REAR SETBACK VARIANCE DUE TO THE NARROWNESS OF THE LOT. THE PROPOSED STRUCTURE DOES NOT HAVE AMPLE SPACE TO EXTEND TO THE SIDES, THEREFORE REQUIRES A TAPERED STRUCTURE TO BE BUILT ON THE SITE. STAFF FINDS HARDSHIP WITH THE LOT SIZE VARIANCE WOULD REQUIRE REZONING AND TO BE DEVELOPED. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED REAR SETBACK VARIANCE IS TO ALLOW A STRUCTURE TO BE CLOSER TO THE REAR PROPERTY LINE. THE REQUEST WILL, OBER WILL OBSERVE THE SPIRIT OF THE ORDINANCE BECAUSE THE PROPOSED STRUCTURE WILL STILL MAINTAIN A REASONABLE DISTANCE BETWEEN THE STRUCTURE AND THE SURROUNDING PROPERTIES. THE REQUESTED LOT SIZE VARIANCE IS TO ALLOW THE CONSTRUCTION OF A SINGLE FAMILY RESIDENCE ON A SMALL LOT. THIS WILL OBSERVE THE SPIRIT OF THE ORDINANCE AS THERE IS SIMILAR DEVELOPMENT IN THE AREA. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF DOES NOT FIND EVIDENCE THAT THE REQUESTED REAR SETBACK VARIANCE WOULD ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. ADDITIONAL PROPERTIES LOCATED ALONG SOUTH SAN EDUARDO AVENUE WERE OBSERVED TO HAVE SIMILAR STRUCTURES WITH SIMILAR REAR SETBACKS. THEREFORE, THE REQUEST WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. STAFF DOES NOT FIND EVIDENCE THAT THE REQUESTED LOT SIZE VARIANCE WOULD ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REAR SETBACK VARIANCE IS SOUGHT. IT'S DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. SUCH PROPOSED STRUCTURE NEEDING MORE SPACE DUE TO THE CONFIGURATION OF THE LOT. [02:40:01] THE VARIANCE REQUEST IS NOT MERELY FINANCIAL. THE LOT SIZE VARIANCE IS SORT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THIS VARIANCE WILL ALLEVIATE THE NEED TO REZONE. END OF MOTION. SECOND. SECOND BY COMMISSIONER BRAGMAN. COMMISSIONER KAPLAN. YEAH, I'LL BE FOR THIS. UH, CONSIDERING THAT WE APPROVED IN 2019, THE LOTS ACROSS THE STREET, IT'S NOT OUT OF CHARACTER WITH THE DISTRICT. UM, IT LOOKS LIKE IT WILL BE SOMETHING THAT WILL BE AFFORDABLE. THERE'LL BE, IT'LL BE A, A NEW HOME, UH, THAT WILL BE ADDED ON A LOT THAT OTHERWISE WOULDN'T BE BUILT ON. SO I AM IN FAVOR OF THIS. COMMISSIONER BRAGMAN. I CONCUR WITH MY COLLEAGUE. ANY OTHER COMMISSIONERS LIKE TO ADD TO THE DISCUSSION? ANNA, COMMISSIONER MANNA. SO, SO JUST AS A NOTE. SO, UH, WITH REGARDS TO THE LOT SIZE, YOU KNOW, THIS IS KIND OF A R ONE DISTRICT IS, IS KIND OF WHAT IT LOOKS LIKE THAT ENTIRE COMMUNITY. AND SO, SO ME, THE COUNCIL OFFICE MAY WANNA REACH OUT AND, AND LOOK AT REZONING THIS ENTIRE AREA SO THAT WE DON'T HAVE MORE APPLICANTS HAVE TO GO THROUGH THIS EFFORT. UM, IT DOES SEEM LIKE THERE'S A NUMBER OF THESE THERE, UM, ESPECIALLY ON THE STREET AND ON ADJACENT STREET. SO, SO RECOMMENDATION FOR CITY COUNCIL TO KIND OF TAKE A LOOK AT THIS. UH, ANY OTHER COMMISSIONERS? UH, I ALSO AGREE, AND I'M IN FAVOR OF THIS. I'M, I'M NOTICING THERE'S ONLY A, A FEW MORE OF THESE VACANT RESIDENTIAL OF THIS SIZE THAT MIGHT BE COMING OUR WAY PROBABLY IN THE FUTURE. BUT, UM, BUT FOR THIS ONE, I'LL BE IN SUPPORT. STAFF WILL HAVE A ROLL CALL. VOTE. MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MANCHACA. I CONCUR. MR. DEAN. I CONCUR. MR. CODDLE CONCUR. MR. ZUNIGA CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA? YES, I CONCUR. MR. RHI. MR. RHI MUTED. YES MA'AM. COMMISSIONER RHI, CAN YOU HEAR US? OH, HE'S MUTED. WE CAN'T HEAR YOU. CAN YOU GIVE US A THUMBS UP OR THUMBS DOWN? GAVE US A THUMBS UP. THUMBS UP. AND THEN I, I GO AHEAD. CHAIR ORIAN. UH, AND YES, MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. UH, YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF? ITEM SEVEN. OKAY. ITEM NUMBER SEVEN IS BO O A DASH TWO THREE DASH 1 0 3 0 1 8 3. ADDRESS IS 1710 MCCULLOUGH AVENUE IN CITY COUNCIL. DISTRICT NUMBER ONE, THE APPLICANT BEING BEING GIARDO GONZALEZ. AND THE REQUEST IS FOR A 29 FOOT 11 INCH VARIANCE FROM THE MINIMUM 30 FOOT REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE ONE INCH FROM THE REAR PROPERTY LINE. AND THE CURRENT ZONING IS C TWO. THE SUBJECT PROPERTY IS LOCATED ALONG MCCULLOUGH AVENUE NEAR EAST LOCUST STREET. CURRENTLY THE SUBJECT PROPERTY IS A RETAIL STORE RESULTING IN A PROPERTY SETBACK VIOLATION. CODE ENFORCEMENT CITED THE PROPERTY FOR AN ENCLOSURE BEING CONSTRUCTED WITHOUT BUILDING PERMITS. UH, THE ENCLOSURE IS CURRENTLY ONE INCH FROM THE REAR PROPERTY LINE AND THE ABUTTING, UH, PROPERTY IS A SINGLE FAMILY RESIDENCE. UPON SITE VISITS, STAFF OBSERVED DENSE FOLIAGE PASSED THE REAR PROPERTY LINE OF THE ABUTTING LOT. UH, ADDITIONALLY, STAFF DID NOT OBSERVE ANY OTHER STRUCTURES IMPEDING INTO THE REAR SETBACK. UH, THE PRIMARY STRUCTURE APPEARS TO HAVE THE REQUIRED, UM, 30 FOOT REAR SETBACK. HOWEVER, THE ADDITION AND THE PATIO COVER BUILT, UM, GOT BUILT INTO THE REAR SETBACK. AND THIS IS THE SITE PLAN. AS YOU CAN SEE, THE UM, THE YELLOW STRUCTURE IS THE ENCLOSURE THAT WAS BUILT AND IT'S ONE INCH FROM THE PROPERTY LINE. AND THIS IS THE SUBJECT PROPERTY VIEWED FROM MCCULLOUGH AVENUE. AND THIS IS, UM, AN ALTERNATE PHOTO OF IT FROM EAST LOCUST STREET. AND THIS IS ANOTHER PHOTO YOU CAN SEE THE SINGLE FAMILY USE TO THE LEFT. AND THEN THIS IS, UM, HOW CLOSE IT IS TO THE REAR PROPERTY LINE AND MEASURED AT ONE INCH. AND THIS IS THE SURROUNDING AREA. UH, STAFF RECOMMENDATION FOR THE REAR SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO O A DASH 23 DASH 0 3 0 0 1 8 3 BASED ON THE FOLLOWING. UH, ONE STAFF FINDS THAT THIS IS NOT AN ALLOWABLE DISTANCE AS IT DIRECTLY AFFECTS THE ADJACENT NEIGHBOR. AND TWO, THE REQUEST WILL INJURE THE RESIDENTIALLY ZONED DISTRICTS AS THE ENFORCED MINIMUM REAR SETBACK. DISTANCE IS, IS TO PREVENT COMMERCIAL STRUCTURES FROM ENCROACHING INTO RESIDENTIALLY ZONED AREAS. AND STAFF MAILED 20 NOTICES. UM, ZERO RETURN IN FAVOR, ZERO IN [02:45:01] OPPOSITION. AND TOKEN HILL NEIGHBOR ASSOCIATION IS IN OPPOSITION OF THE REQUEST. AND THIS IS THE RESPONSE FROM TOBIN HILL EXPRESSING OPPOSITION. AND, UH, THAT CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. AND, UH, JUST A QUICK QUESTION. DID DID YOU OBSERVE THIS TO BE AN OPEN STORAGE? UH, THERE IS A ROOF COVERING. UM, SO IT IS GONNA BE CONSIDERED A STRUCTURE. UM, BUT YEAH. OKAY. THANK YOU. THANK YOU. OPEN STORAGE. IF THE APPLICANT'S PRESENT, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR, YOUR CASE. MY NAME, UH, MY NAME IS GERARDO GONZALEZ. AND I MIGHT NEED AN INTERPRET AN SPANISH TRANSLATOR. YES, UH, I CAN, SHE'S COMING. I CAN UNDERSTAND EVERYTHING THAT YOU'RE SAYING. I JUST NEED SOMEBODY TO HELP ME EXPLAIN EVERYTHING FOR YOU. SHE'S COMING. YEAH. SPANISH INTERPRETER. OKAY. OKAY. SO TELL US ABOUT YOUR, UH, CASE. UH, YES SIR. MY WIFE AND I WERE THE PROP, UM, THE PROPERTY OWNERS. THE RESTAURANT ON THE SIDE NEXT TO US IS ALSO OURS. MM-HMM. . WE BOUGHT THIS PROPERTY FIVE YEARS AGO TO BE ABLE TO USE, UH, THE PARKING LOT FOR THE RESTAURANT, MEXICAN IMPORTS. BUT, UH, ALONG UH, TIME WE DECIDED TO OPEN UP, UM, A SHOP FOR MEXICAN, UM, AIRCRAFT IMPORTS. IMPORTS. MM-HMM. BARRIO. BUT THE NEIGHBORHOOD IS VERY DANGEROUS. UH, IT WAS A PATIO WITH A METAL FENCE. THE PART IN THE BACK OF THE PATIO. IT WAS GONNA HAVE METAL FENCE. IT'S ACTUALLY STILL THE METAL FENCE IN THERE. I JUST COVERED IT UP TO PREVENT PEOPLE TO GO INTO THE PATIO AND IT'S STILL, EVERYTHING THAT IS IN IT IS. OKAY. SO, UH, LET ME JUST ASK A COUPLE QUESTIONS. IS THIS A SALES STORAGE AREA? I DON'T UNDERSTAND. WHAT IS, UH, SALE STORAGE AREA? WELL, IS THIS A PLACE FOR, UH, CUSTOMERS TO WALK AROUND AND LOOK AT PRODUCTS OR IS IT JUST FOR STORAGE RESTAURANT TO PUT AWAY THE, UM, THE STUFF FROM THE RESTAURANT? SOME TOOLS AND THE STUFF FROM THE SHOP. OKAY. UM, SO, BUT THIS IS, THIS IS LISTED AS A STORE. THE RESTAURANT IS SHOWN TO THE SOUTH. IS THIS ALL THE SAME OWNERSHIP? YES. UH, YES HE DOES. OKAY. SO HE'S USING THIS FOR STORAGE OF, OF, OF, OF ELEMENTS FROM THE RESTAURANT. YES, I'M FROM THE SHOP. IS THERE ANYTHING IN THERE THAT'S COMBUSTIBLE THAT NEEDS, UM, YOU KNOW, ANY SORT OF FIRE PROTECTION? OH, YOU HAVE A PICTURE PROTECT? NO. NO. OKAY. SO THIS, OKAY, SO THIS IS NOT FOR CUSTOMERS. THIS IS STORAGE? YES. OKAY. UH, ANY OTHER COMMISSIONER QUESTIONS? COMMISSIONER MAN. UH, WHO? OH, COMMISSIONER MANCHACA. SO HE SAID IT WAS STORAGE. IS HE GONNA HAVE LIKE A TOILET BATHROOM KITCHEN IN THERE? YOU KNOW, IT DOESN'T EVEN HAS ELECTRICITY OR WATER. IT DOESN'T HAS ANYTHING. THANK YOU. A QUESTION FOR STAFF, IF THIS WAS AN, DOES COMMERCIAL HAVE A REDUCED SETBACK IF FOR ANYTHING THAT'S CONSIDERED AN ATTACHED ACCESSORY, LIKE A STORAGE AREA? OR IS IT ALL 30 FEET? IT IS ALL 30 FEET . OKAY. JUST, I JUST WANTED TO CLEAR, PUT THAT OUT THERE. UM, ANY OTHER QUESTIONS? MANNA COMMISSIONER MANNA? SO, UM, SO FIRST QUESTION IS, UM, [02:50:02] IT'S A, IT'S A, IT ABUTS THE NEIGHBORING PROPERTY, SO THEIR SIDE YARD. UM, COULD IT BE MOVED OVER FIVE FEET, UM, WITH REGARDS TO THE END OF THE STORAGE SO THAT IT'S NOT AGAINST ALL THE WAY AGAINST THE NEIGHBOR? YEAH, OF COURSE. OKAY. YEAH. AND THE SECOND THING IS, UM, IF, IF WE COULD SHOW THE OVERHEAD, I WAS TRYING TO UNDERSTAND THE WHOLE SIZE OF THE STRUCTURE ITSELF AND HOW MUCH OF, OF THE BACK OF THE PROPERTY WAS PART OF THE STRUCTURE. UM, SO IF I CAN GET A POINTER HERE JUST TO LOOK AT, UH, TO SHOW, 'CAUSE I KNOW THERE'S A MAP, BUT I JUST WANNA MAKE SURE THAT I'M CONSISTENT HERE. SO IS THE WHOLE BACK, SO FOR THE CITY, THE, IS THE WHOLE BACK STRIP ACROSS THIS PROPERTY, IS THAT ALL THAT'S, UH, BEING DIALOGUED RIGHT NOW? CORRECT. JUST THE BACK, UH, JUST THE BACK END, UH, BUT IN THE RESIDENTIAL. OKAY. AND THEN, UM, AND THEN FINALLY IF WE GO BACK ONTO GOOGLE, IF WE DRIVE AROUND TO THE OTHER SIDE OF THE PROPERTY, UM, IT LOOKS LIKE THERE'S UM, UM, METAL SIDING THERE THAT DOESN'T LOOK LIKE IT'S PROTECTED. UM, ONE OF THE THINGS THAT UH, WE ALWAYS LOOK AT IS WHEN THERE IS A METAL PANEL FENCE, WE DON'T WANT ANYBODY GET HURT IF THEY SHOULD HAPPEN TO CLIMB ON IT, YOU KNOW, CUT THEM. AND METAL FENCES ARE NOTORIOUS FOR THAT. AND SO ONE OF THE THINGS THAT WE LOOK FOR IS CAPPINGS DONE ON THOSE TYPES OF SIDING. AND SO, SO I GUESS, UM, YOU KNOW, WOULD THAT BE A CONSIDERATION IS TO PUT A CAP ON IT SO THAT WOULDN'T HURT ANYBODY. SO IT, IT ALREADY HAS, UH, COVERS. WELL, COMMISSIONER AMANDA, THIS, THE, THE METAL IS NOT PART OF THE VARIANCE. SHOULDN'T THAT BE PART OF THE VARIANCE REQUEST FOR HAVING CORRUGATED METAL FENCING? UH, THIS IS NOT CONSIDERED A FENCE. IT'S CONSIDERED A STRUCTURE. OKAY. IT WAS, IF THERE WAS NO, UM, COVERING ON TOP, YES, WOULD BE, IT WOULD BE THE FENCE MATERIAL. OKAY. UM, SO RIGHT THERE, SO WITH THE AIR GAP THERE, LET'S SEE, IF YOU GO AROUND, IF YOU, SO I GUESS, I DUNNO IF IT'S COMPLETELY ENCLOSED 'CAUSE IT, WHEN I DROVE AROUND VIA GOOGLE ON THE OTHER SIDE, BASICALLY THERE'S OPEN PANEL FENCE. OH, THAT'S AN OLD PHOTO. THAT'S WHAT IT WAS BEFORE IT, IT LOOKS LIKE THERE'S A, A, A WR IRON FENCE AND THE CORRUGATED METALS ATTACHED TO THE WR IRON. OH, IF YOU GO AROUND THE OTHER SIDE, IT LOOKS THERE'S ON THERE. YEAH. YOU CAN KEEP GOING BACK TOO. IT'LL LET YOU GO BACK FURTHER ON THE BACKSIDE, YOU KNOW, UH, YOU'RE ON THE RIGHT SIDE. SO IT'S, SO IS THE, SO THE FENCE IS COMPLETELY COVERED THEN BY THE COVER? YES. OKAY. SO, UM, SO I GUESS BACK TO THE SAME QUESTION THEN. SO IF WE BROUGHT IT BACK FIVE FEET, UM, IT WOULD ALLOW FOR AIRSPACE THERE AND YOU CAN CLOSE IT OFF AND STILL PROTECT YOUR, UM, THE GOODS THAT ARE THERE, BUT STILL HAVE A SPACE BETWEEN YOU AND THE NEIGHBOR? YES. LIKE I SAID, IT IS A FENCE BEHIND, WHICH IS THE METAL FENCE. I THINK THAT ONE CAN STAY THERE, BUT YEAH, I CAN ALLOW A LITTLE CORRIDOR FOR FIVE FEET. OKAY. SO, SO JUST TO, THE ONLY THING THAT I CAN KEEP IS, IS NEED TO KEEP IS THE METAL ON THAT PART. SO, SO A QUICK QUESTION. IF HE WERE TO MOVE THE STRUCTURE OVER, BUT THAT CORRUGATED METAL STAYED ATTACHED TO THE FENCE, WOULD THAT THEN BE CONSIDERED A FENCE IF HE MOVE? WELL, IF YOU TALKING ABOUT IF HE REMOVED THE TOP PORTION. WELL, I MEAN IF, IF, IF, IF THE MOTION IS MADE FOR A TO FIVE FEET, THE FENCE THAT RUNS ALONG THE PROPERTY LINE, WOULD THAT HAVE TO BE, THAT WOULD THEN BE CONSIDERED A FENCE BECAUSE NOW YOU'D HAVE A COMPLETE GAP, CORRECT? YEAH. IF IT'S SEPARATED FROM THE STRUCTURE, THAT WOULD CREATE A FENCE. OKAY. AND, AND SO I, I THINK THAT, UM, I DON'T WANT TO KEEP CON RECOMMENDING A CONTINUANCE, BUT, UH, MY FEAR IS THAT IF THIS APPLICATION WERE TO MOVE FORWARD WITH ANY SORT OF A DEVIATION, IT WOULD HAVE TO COME BACK WITH A CORRUGATED METAL COMPONENT ON THE FENCE. YOU KNOW WHAT I MEAN? AND SO COMMISSIONER BRAGG? CORRECT. CAN WE SEE THOSE PICTURES AGAIN THAT THE APPLICANT BROUGHT? 'CAUSE IT APPEARS THAT THERE'S, IT, IT'S A LITTLE CONFUSING BECAUSE THERE'S A WROUGHT IRON FENCE. YEAH. IF, AND THERE'S, IT LOOKS LIKE CORRUGATED, IF YOU GO TO THE HISTORIC PICTURES, THERE'S, IT WAS ALWAYS A WR IRON FENCE AND THEN THEY TOOK CORRUGATED METAL AND JUST USED THAT TO, TO BE OUTTA COMPLIANCE WITH A CORRUGATED METAL FENCE. YEAH, THERE YOU GO. SO THEY JUST PUT THE METAL ON TOP OF THAT. AND THEN, AND THEN ANOTHER ISSUE I HAVE WITH THIS IS THAT THERE [02:55:01] IS THREE PHASE ELECTRIC WITH POLE MOUNTED TRANSFORMERS RUNNING BETWEEN THAT HOUSE AND THAT THING. AND THAT TRADITIONALLY REQUIRES A 28 FOOT EASEMENT WITH AT LEAST 10 TO 14 ON THIS PROPERTY. UM, I I, I WOULD LIKE TO, UM, I'M GONNA SUGGEST THAT WE NOT ONLY CONTINUE THIS, BUT, BUT YOU KNOW, AND, AND HAVE IT COME BACK WITH POTEN IF HE WANTS TO KEEP THE CORRUGATED METAL OUTTA CORRUGATED METAL COMPONENT TO IT, THAT'S, UH, AND THEN, UH, I'D BE LOOKING FOR SOME SORT OF AN, THERE HAS TO BE AN EASEMENT. THERE'S NO WAY C P S IS GONNA PUT A POLE MOUNT OF TRANSFORMER WITHOUT AN EASEMENT. AND I, I, I WANT TO MAKE SURE THAT, I WANT TO KNOW IF THERE IS AN EASEMENT AND HOW, HOW BIG IT IS. UM, SO I DON'T FEEL COMFORTABLE MOVING FORWARD TODAY. UM, WHAT DO Y'ALL THINK? I THINK, UH, IT'S A MOTION. SO, SO FOR THE APPLICANT, THIS IS A TIME THING. OKAY. SO WHAT WE'RE LOOKING FOR IS THERE'S, THERE'S DISCUSSION ABOUT POTENTIALLY MOVING THIS OVER IF YOU WANT TO KEEP IT THEN BECOMES A METAL FENCE, WHICH HAS TO BE AN, AN, AN ADDITION TO THE VARIANCE REQUEST, WHICH WE CAN'T HEAR TODAY. OKAY. IT'D HAVE TO COME BACK ALL AS ONE APPLICATION. AND THEN THERE'S ALSO CONCERN THAT THERE IS, UH, AN ELECTRICAL EASEMENT THAT IS IN THE WAY AS WELL THAT WE WANT TO HEAR ABOUT. OKAY. HIM? YES. HE, HE WOULD LIKE THE, UH, HOW MUCH MORE TIME DOES HE NEED? CAN HE, CAN HE COME BACK IN A, IN A WEEK OR DOES HE NEED THREE WEEKS? THEY HAVE TO NOTICE IT. OH, THEY HAVE TO NOTICE IN, SO AUGUST 21ST WILL BE THE SOONEST WE COULD HEAR THIS. YES, I CAN COME BACK, BUT WHAT DO I NEED TO DO? SO WHAT WE'RE LOOKING FOR IS, UM, UM, A REVISED APPLICATION THAT POTENTIALLY SHIFTS THIS OVER AND, AND THEN IF YOU WANT TO KEEP THE CORRUGATED METAL, THAT HAS TO BE A SEPARATE ASK. OKAY. AND THEN ALSO INFORMATION REGARDS TO AN ELECTRICAL EASEMENT. OKAY. I MEAN, THE OTHER, THE OTHER ALTERNATIVE IS, IS TO MOVE FORWARD TODAY, BUT I, I WOULDN'T BE COMFORTABLE WITH, I'D NEED 10 FEET. SO, UM, YOU, YOU'RE ASKING THE APPLICANT WITH REGARDS TO ELECTRICAL EASEMENT, IS THERE ANYTHING SPECIFIC THAT WE SHOULD BE LOOKING FOR? UM, RECORDED EASEMENT, . SO, SO RECORDED EASEMENT. AND SO, UM, AND SO IS IT NOT TRUE THAT, UM, THAT ANY VARIANCE FOR AN EASEMENT WOULD REQUIRE THE CITY AGREEING TO THAT? YEAH, WELL SEE. THEY, BUT SOMETIMES THEY, THEY MAY NOT, WE DON'T KNOW HOW BIG THE EASEMENT IS. IT MAY ONLY BE A 10 FOOT EASEMENT. WHO KNOWS? SOMETIMES C P S PUTS THINGS WHERE THEY, THEY PROBABLY SHOULDN'T. UH, THAT HAPPENS TOO . BUT, UH, I WOULD JUST LIKE TO KNOW BEFORE I, BEFORE I WOULD CONSIDER THIS, YOU KNOW, IS THERE A, IS THERE A CONFLICT? 'CAUSE IT'S THREE PHASE WITH, WITH TRANSFORM, I CAN SEE PULL 'EM OUTTA TRANSFORMERS IN CONFLICT WITH THIS AND IT, UM, I NEED, I WOULD NEED TO SEE, I JUST, THERE'S JUST NO WAY THAT THERE WOULD NOT BE SOMETHING IN PLACE OTHERWISE IT'D BE, I COULD LIVE WITH 10 FEET. SO AUGUST 21ST, UH, LET ME UNDERSTAND. WHEN YOU TALK ABOUT THE ELECTRICAL MATTER, WHAT DO YOU, WHAT ARE YOU TALKING ABOUT? THE, SO WHEN, WHEN C P SS PUTS ELECTRICAL POLES MM-HMM. , YOU EITHER HAVE SINGLE PHASE OR YOU HAVE TRIPLE PHASE THREE PHASE AND THREE PHASE USUALLY NEEDS A WIDER EASEMENT. USUALLY. UH, ALSO YOU HAVE POLE MOUNTED TRANSFORMERS IN CONFLICT WITH THIS DEVELOPMENT. AND SO IN THESE INSTANCES, C P S WILL TYPICALLY HAVE A RECORDED EASEMENT THAT TALKS ABOUT WHAT RIGHTS THE LANDOWNER MAY HAVE, WHAT YOU CAN BUILD OR HOW BIG IT IS. AND, AND THAT'S SOMETHING THAT THIS BOARD WOULD LIKE TO SEE WHEN MAKING, UH, THEIR DECISION. MANANA COMMISSIONER MANNA. SO ALSO [03:00:01] THEY NEED TO BE ABLE TO GET A TRUCK BACK THERE TO BE ABLE TO GET TO THE POLE AND THE TRANSFORMER. AND SO THAT'S WHY THEY NEED THAT EASEMENT IS SO THAT THEY CAN GAIN ACCESS TO WORK ON THOSE POWER LINES. AND IF YOU HAVE IT BLOCKED, THEN THEY CAN'T. AND SO THAT'S WHY THERE'S AN EASEMENT THERE THAT'S ESTABLISHED THAT, AND MR. CHAIR, UH, THIS STAFF WILL COORDINATE LOOKING INTO THAT EASEMENT AND HAVE THAT INFORMATION AVAILABLE AT THE NEXT MEETING. OKAY. WHAT? IT'S, IT, IT'S DEPENDING ON WHAT YOU DO, THE APP, THE APPLICATION TO THIS BOARD WILL HAVE TO CHANGE A LITTLE. AND SO IT HAS TO BE REIFIED AND STAFF CAN, CAN MAKE SURE THAT THE, THE, THAT WHAT IS BEING REQUESTED IS, IS INCLUSIVE OF WHAT YOU'RE LOOKING FOR. BUT WE JUST WANT TO MAKE SURE THAT WE'RE LOOKING AT IT ALL AT ONCE. BUT IS THE PER, UH, IS THE STAFF GONNA HELP ME TO DO THE APPLICATION? WELL, STAFF, THEY'RE, YOU HAVE TO DO THE APPLICATION. THEY'RE THERE TO ANSWER QUESTIONS AND POTENTIALLY HELP YOU, GUIDE YOU THROUGH THE PROCESS. YEAH, THEY'LL TALK TO YOU. SO WE'RE LOOKING FOR A MOTION TO CONTINUE TO AUGUST 21ST. SO MOVED. IS THERE A SECOND? SECOND BY COMMISSIONER MIN CHAKA. ALL IN FAVOR, MR. CHAIRMAN? AYE. ANY OPPOSED? ALL RIGHT. MOTION PASSES. YOU HAVE UNTIL AUGUST 21ST. WE'LL SEE YOU AGAIN. OKAY. ALRIGHT, MR. CHAIRMAN? YES. COMMISSIONER, UH, QUESTION FOR, UH, STAFF? YES, GO AHEAD. DO Y'ALL HAVE A SURVEYS? UH, OR DO WE NEED TO ASK HIM FOR THE SURVEY OF THE PROPERTY AND WE'RE TALKING ABOUT OUR EASTMAN, ET CETERA? WE'LL, LOOK, WELL, WE'RE GONNA RESEARCH THAT. WE CAN LOOK THROUGH THE, UH OH. OKAY. BEXAR COUNTY DOCUMENTS WHERE? VERY GOOD. THANK YOU. MM-HMM. , LAST CASE. ITEM EIGHT. GOOD AFTERNOON. BOARD MEMBERS. MY NAME IS EMILY GARCIA. ALL RIGHT. GOOD AFTERNOON. BOARD MEMBERS. MY NAME IS EMILY GARCIA, PLANNER WITH THE SHORT-TERM RENTAL TEAM. FOR THIS ITEM, BO O A DASH 2 23 DASH 0 3 0 1 77, APPLICANT ELLE WILSON IS APPEALING THE ADMINISTRATOR'S DECISION TO REVOKE A SHORT-TERM RENTAL PERMIT LOCATED AT 2 0 9 IDAHO STREET. PROPERTY IS ZONED AE DASH TWO ARTS AND ENTERTAINMENT, AND IT'S IN COUNCIL DISTRICT TWO. THE SUBJECT PROPERTY INITIALLY APPLIED FOR A SHORT-TERM RENTAL PERMIT ON AUGUST 27TH, 2020. AFTER REVIEW OF THE APPLICATION, THE PERMIT TO OPERATE A SHORT-TERM RENTAL WAS APPROVED BY STAFF AND ISSUED ON SEPTEMBER 9TH, 2020. S T R. OPERATORS ARE REQUIRED TO REPORT REVENUES TO THE CITY FINANCE DEPARTMENT ON A MONTHLY BASIS. THIS INCLUDES REPORTING $0 REVENUES. SECTION 16 DASH 1 1 1 D. CLEARLY STIPULATES THAT FAILURE TO DO SO CONSTITUTES A VIOLATION OF THE CHAPTER. THIS PERMIT WAS ORIGINALLY REVOKED ON DECEMBER 22ND, 2022 AFTER REPORTING TE AFTER NOT REPORTING TAXES FOR 28 MONTHS. AFTER CONFIRMING WITH THE COMPLIANCE AND RESOLUTION DIVISION OF THE FINANCE DEPARTMENT, STAFF WAS ABLE TO DETERMINE THAT THE LETTER NOTIFYING THE CUSTOMER OF THE 90 DAY DELINQUENCY WAS INITIALLY SENT TO THE WRONG ADDRESS. AS A RESULT, D SS D STAFF REINSTATED THE SS T R PERMIT AND THE APPLICANT AND HIS ATTORNEY WERE NOTIFIED VIA EMAIL THAT THE PERMIT WAS REINSTATED AND THAT THE HOT ACCOUNT WAS DELINQUENT IN ACCORDANCE WITH THE REQUIREMENTS OUTLINED IN THE S T R ORDINANCE. INCLUDED IN THE SAME EMAIL TO THE APPLICANT AND HIS ATTORNEY ABOUT THE REINSTATEMENT ON JANUARY 26TH, 2023 WAS CLEAR INSTRUCTION THAT THEY WERE THEREBY PROVIDED NOTICE AND THAT THE PERMIT WOULD BE REVOKED AGAIN IF THE HOT ACCOUNT WAS NOT BROUGHT CURRENT WITHIN 90 DAYS. STAFF SEQUENTLY REVOKED THE PERMIT ON MAY 23RD, 2023 BECAUSE THE ACCOUNT HAD STILL NOT BEEN BROUGHT CURRENT IN DISCUSSION WITH THE APPLICANT AFTER THE SECOND REVOCATION, HE INFORMED STAFF THAT HE WAS LOCKED OUT OF THE ABILITY TO REPORT REVENUES AND PAY THE ASSOCIATED HOT. DUE TO THE ONGOING FINANCE DEPARTMENT AUDIT ON THE HOT ACCOUNT FINANCE DEPARTMENT STAFF STATE THAT THE ACCOUNT WAS NOT LOCKED OUT AND THAT THEY HAVE NO MEANS TO LOCK OUT AN ACCOUNT ANYHOW. IT IS NOTED THAT NO OTHER USER AMONG THOUSANDS REPORTED ANY SIMILAR SYSTEMATIC ISSUES WITH REPORTING REVENUES AND PAYING THE ASSOCIATED HOT. [03:05:02] HERE IS A NOTIFICATION THAT WENT OUT TO THE APPLICANT. HERE IS A SITE PLAN OF THE PROPERTY AND THIS IS A SUBJECT PROPERTY. AND THE NEXT FEW SLIDES ARE THE SURROUNDING AREAS. STAFF RECOMMENDS DENIAL THE APPLICANT'S REQUEST FOR AN APPEAL OF THE ADMINISTRATIVE'S DECISION TO REVOKE THE SHORT-TERM RENTAL PERMIT BASED OFF THE FOLLOWING FINDINGS OF FACT, ONE, THE ORDINANCE REQUIRES THAT STAFF REVOKE THE PERMIT FOR THE VIOLATION DESCRIBED IN THIS PRESENTATION. TWO. THE OWNER SLASH OPERATOR OF THE SHORT-TERM RENTAL PERMIT VIOLATED THE S T R ORDINANCE BY FAILING TO TIMELY REPORT REVENUES AND PAY THE ASSOCIATED HOTEL OCCUPANCY TAXES, PAYMENTS. AND THREE, THE OWNER SLASH OPERATOR FAILED TO COMPLY WITH THE ORDINANCE EVEN AFTER ATTEMPTS WERE MADE TO INFORM THE APPLICANT ON JANUARY 26TH, 2023 BY STUDY STAFF FOR THE NOTIFICATION PLAN. 33 NOTICES WERE MAILED OUT AND WE RECEIVED ZERO. BACK IN FAVOR, FAVOR ZERO BACK IN OPPOSITION AND NO RESPONSE FROM THE DOWNTOWN NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF PRESENTATION. THE FINANCE DEPARTMENT AND COMPLIANCE AND RELU RESOLUTION TEAM IS PRESENT AS WELL AS THE APPLICANT. AND CAN YOU SPECIFY HOW MUCH DO THEY OWE? AT THIS POINT? THEY PAID OFF THEIR TAXES, BUT AT THE POINT IT WAS 28, IT'S, UH, $27,992. BUT THEY PAID THAT AFTER WE REVOKED ON JUNE THE FIRST AND THEN, AND THEN IT WAS RE RE REISSUED IN JANUARY. THEY HAD NOT PAID BEFORE. OH, OKAY. THEY PAID AFTER THE SECOND REVOCATION. OKAY. MANNA COMMISSIONER MANNA. SO JUST A LITTLE ADDITIONAL DETAIL FROM CHAIRMAN OREN'S QUESTION IS, WHAT WAS THE HOT TAX DUE BEFORE ON THE FIRST REVOCATION AND THEN, UH, WHAT WAS IT? UH, I GUESS SUBSEQUENT ON THE SECOND ONE, UM, FINANCE, CAN YOU CHIME IN ON THAT QUESTION? THAT MIC DOESN'T WORK. SO PRIOR TO, UH, AND I'M SORRY, MY NAME IS LUIS ALVAREZ, THE COMPLIANCE MANAGER, UH, PRIOR TO THE FIRST REVOCATION, UH, THE, THE PROPERTY WAS UNDER REVIEW FOR NOT REPORTING HOT. THE TOTAL AMOUNT DUE AT THE TIME OF THE, UH, END OF THE REVIEW WAS FI UH, $5,937 AND 61 CENTS FOR ONE PROPERTY, UH, ONE $1,986 AND 74 CENTS FOR ANOTHER PROPERTY. UM, IT BROUGHT THEM TO A TOTAL OF 28,000. UH, WHERE IS THE FINAL REPORT? OH, I DON'T, I'M SORRY. OKAY. SO THEY WERE AT, FOR IDAHO, THEY WERE AT $5,937 AND 61 CENTS. AND THEN THEY, THEY PAID THAT. THEY DID NOT PAY THAT. THEY DID NOT PAY, WHICH IS WHY THEY WERE REVOCATED AGAIN. OKAY. WERE THEY, WERE THEY ALSO, SO IN ADDITION TO PAYING, THEY ALSO ALSO HAVE TO DO MONTHLY FILINGS. DID THEY DO ANY MONTHLY FILINGS? SO MY UNDERSTANDING IS THAT, UH, DURING OUR REVIEW, UH, WHICH WE ASKED THE PROPERTY OWNER NOT TO PAY ANYTHING ON THE MONTHS UNDER, UNDER REVIEW, BUT WE DID ADVISE THEM THAT THEY NEEDED TO COME CURRENT WITH THE REMAINING MONTHS. MY UNDERSTANDING IS THAT THEY WEREN'T, WHICH IS WHY THEY WERE REVOCATED AGAIN. OKAY. AND, AND I HEARD SOMETHING ABOUT TECHNICAL DIFFICULTIES OR SOMETHING WITH THE WEBSITE IS WHAT, WHAT, WAS THERE ANY, WAS THE WEBSITE UP AND RUNNING? WE DIDN'T HAVE ANY COMPLAINTS FROM ANY OTHER CUSTOMER. OKAY. IS THERE ANY OTHER COMMISSIONER QUESTIONS? MR. STAFF COMMISSIONER? IS THERE ANY OTHER WAY TO PAY THE APPLICABLE HOT TAX OTHER THAN THE WEBSITE? IF, IF THE APPLICANT WAS HAVING ISSUES WITH THE WEBSITE NOT TAKING HIS PAYMENTS? NO, THERE'S NO OTHER WAY. THANK YOU. OKAY. COMMISSIONER MAYOR CHAKA? YES. UH, IN TERMS OF LOCKED OUT, UH, HAVE YOU EVER HAD ANY LOCKED OUT THAT YOU RECOGNIZED? UH, NOT SINCE I'VE BEEN HERE. NO, NOT SINCE YOU'VE BEEN HERE. SO HE HAS A NUMBER, RIGHT? AN ID NUMBER WAS AN ID NUMBER, CORRECT. THAT HE WAS KEYING IN. MAYBE HE YES, SIR, IT WAS CORRECT. THANK YOU. AND IT'S, AND IT'S OKAY. GO AHEAD. COMMISSIONER KAPLAN, IF, IF THERE IS AN ISSUE, COULD THEY CALL A PERSON AND YES. SO THERE WAS A WAY TO COMMUNICATE? COMMUNICATE? YES, MA'AM. WAS THERE ANY COMMUNICATION? NOT THAT I'M AWARE OF, NO. OKAY. ALL RIGHT. IF THERE'S NOTHING ELSE, LET'S HEAR FROM THE APPLICANT. HELLO. HELLO. SO JUST TELL US YOUR NAME AND TELL US ABOUT, UH, YOUR CASE. MY NAME'S ELLE WILSON. I'M [03:10:01] THE ATTORNEY FOR MR. CHEN, WHO'S THE PROPERTY OWNER. AND WE HAVE A SLIGHTLY DIFFERENT TAKE ON THE SITUATION. OKAY. OBVIOUSLY, OR WE WOULDN'T BE HERE. UM, AND THEN BEAR WITH ME. IT'S KIND OF LIKE A SERIES OF UNFORTUNATE EVENTS. UM, IN OCTOBER OF 2022, MR. CHIN RECEIVES NOTICE THAT HIS ACCOUNT FOR THE HOTEL OCCUPANCY TAXES FOR 2 0 9 AT IDAHO OR SERIOUSLY PASSED DUE, EXCUSE ME, THIS IS THE FIRST, CAN YOU SPEAK INTO THE MIC? OH, SORRY. THIS IS THE FIRST THAT HE'S ACTUALLY HEARD OF IT BECAUSE HE'S UNDER THE IMPRESSION WRONGFULLY THAT HIS PROPERTY MANAGER OR VRBO AND AIRBNB ARE PAYING HIM. THIS IS HIS FIRST TRY AT AN AIRBNB. AND HE SEES WHEN HE GETS THE INFORMATION FROM FER AND AIRBNB AND HIS PROPERTY MANAGER, THAT THE TAXES ARE BEING CHARGED. SO HE THINKS THEY'RE BEING REMITTED TO THE CITY. THIS IS THE FIRST HE HEARS OF IT. UM, HE IMMEDIATELY CONTACTS THE FINANCE DEPARTMENT AND STARTS WORKING WITH A MS. GABBY AGUILAR ALVAREZ, UM, TO RESOLVE THE ISSUE AND STARTS ASKING HOW TO PAY THE TAX THAT'S DUE ON NOVEMBER 16TH, 2022, HE EMAILS A MS IRVINE IN THE FINANCE DEPARTMENT TO REQUEST THE HOTEL OCCUPANCY TAX ID NUMBER FOR 2 0 9 IDAHO, AND ADVISES THAT HIS PROPERTY MANAGER IS GOING TO START TO PAY THE TAXES. HE RECEIVES AN EMAIL BACK THAT ADVISES HIM NOT TO MAKE ANY PAYMENTS UNTIL THE REVIEW IS COMPLETE ON DECEMBER 21ST, AND HE KEEPS WORKING WITH THE FINANCE DEPARTMENT, PROVIDING THEM INFORMATION SO THAT THEY CAN FIND OUT HOW MUCH IS DUE AND SO HE CAN PAY IT. ON DECEMBER 21ST, 2022, HE RECEIVES NOTICE THAT HIS PERMIT HAS BEEN REVOKED AND HE CAN'T OPERATE HIS BUSINESS FOR ONE YEAR. UM, HE REQUESTS THAT MR. SPARROW RECONSIDER AND IS TOLD NO THEN IN THE PROCESS AND I START HELPING HIM IN THE PROCESS OF PROVIDING INFORMATION FOR THE NECESSARY REPORTS TO PAY THE TAXES. WE FIND OUT THAT THE NOTICES REQUIRED BY THE CITY CODE, UM, THAT YOU'RE 90 DAYS PAST DUE, UM, WERE SENT TO THE WRONG ADDRESS. IN FACT, THEY WERE EVEN SENT TO THE WRONG PERSON. THEY WERE SENT TO THE PRIOR OWNER, EVEN THOUGH MR. CHEN PROVIDED HIS NAME AND HIS CONTACT INFORMATION WHEN HE APPLIED FOR THE PERMIT. SO THE PERMIT WAS REINSTATED. IT WAS REINSTATED ON JANUARY 26TH. HE'S GIVEN 90 DAYS. SO NOW THE CLOCK IS TICKING ON FEBRUARY 10TH, HE FINALLY RECEIVES THE FINAL INVOICE FOR THE TAXES DUE FROM SEPTEMBER, 2020 TO SEPTEMBER, 2022. HE IMMEDIATELY, ON THAT SAME DAY, SENDS AN EMAIL. HE REQUESTS THE HOTEL OCCUPANCY TAX ID AND A LINK TO REPORT THE TAXES FOR 2 0 9 IDAHO VIA EMAIL TO MOST AGUILAR, VAR ALVAREZ AND MS. KETNER. AND HE DOES IT ON THAT SAME DAY THAT HE GETS THAT INVOICE. HE'S TOLD TO CONTACT THE COLLECTIONS DIVISION BY A PHONE NUMBER OR VIA THE HOTEL MONTHLY REPORT@SANANTONIO.GOV. HE'S TOLD THIS IS THE WAY TO PAY THESE PAST DUE TAXES. THIS IS ATTEMPTS NUMBER ONE IN CONTACT WITH THE FINANCE DEPARTMENT TO PAY THESE TAXES. ON FEBRUARY 27TH, MR. CHEN'S PROPERTY MANAGER EMAILS MS. AGUILAR ALVAREZ ASKING FOR HELP TO PAY BECAUSE THE SYSTEM WILL NOT ACCEPT A PAYMENT. UM, AND THAT IS THE HOST COMPLIANCE, UH, PROVISION OR THE DIVISION SYSTEM WHERE THEY'RE SUPPOSED TO BE PAYING THE PROPERTY TAXES. THIS IS ATTEMPT NUMBER TWO, AGAIN IN CONTACT WITH THE FINANCE DEPARTMENT AND THE HOTEL MONTHLY REPORT@SANANTONIO.GOV, WHICH IS A VERY LONG ADDRESS TO TRY TO PAY THESE TAXES. UM, MR. CHIN'S PROPERTY MANAGER SENDS A FOLLOW-UP EMAIL ON MARCH 2ND. THIS IS ATTEMPT NUMBER THREE. MARCH 10TH. MR. CHEN SENDS AN EMAIL AGAIN TO THE HOTEL MONTHLY REPORTS@SANANTONIO.GOV. THIS IS THE EMAIL THAT HE'S BEEN TOLD TO SEND INFORMATION TO TO PAY THE TAXES. UM, ON MARCH 13TH, UH, MR. UM, ENCINA RESPONDS TO THE EMAIL WITH A LINK SAYING, USE THIS FORM TO REPORT EACH DELINQUENT MONTH. THIS IS DESPITE THE FACT THAT HE'S ALREADY BEEN PROVIDED WITH AN INVOICE TELLING HIM HOW MUCH IS THE PAST DUE THROUGH SEPTEMBER, 2020 TO SEPTEMBER, 2022. HE'S ALSO TRYING TO REPORT FROM OCTOBER TO BRING IT COMPLETELY CURRENT. AT THAT POINT. THIS IS ATTEMPT NUMBER FOUR. UM, HE RESPONDS THAT THE LINK DOESN'T CONNECT TO A FORM AND ATTACHES SPREADSHEETS FOR THE TAXES OWED, STATING HE WOULD LIKE TO GET SOMETHING GOING SO THAT HE CAN RETAIN HIS PERMIT. HE REALIZES THE CLOCK IS TICKING. [03:15:01] HE'S GOT TO GET THESE TAXES PAID BEFORE APRIL 25TH. THAT IS THE DEADLINE HE'S BEEN GIVEN. UM, ON MARCH 23RD. MR. CHIN, AGAIN, EMAILS MR. AGUILAR ALVAREZ AND MR. SPARROW SAYING HE'S TRIED AGAIN TO SET UP A PAYMENT WITH THE HOTEL MONTHLY REPORTS@SANANTONIO.GOV AND THAT THE EMAIL BOUNCED UNBEKNOWNST TO HIM ON THAT PARTICULAR ATTEMPT. HE MISSPELLED SAN ANTONIO IN THAT EMAIL, BUT HE'S ALSO STILL CONTACTING THESE PEOPLE WITH THE FINANCE DEPARTMENT. THESE WERE ATTACHED AS EXHIBITS WITH MY APPLICATION. UM, AND HE'S ASKING TO BE ABLE TO PAY SO THAT HE CAN RETAIN HIS PERMIT. THIS IS ATTEMPT NUMBER SIX ON APRIL 3RD. MS. OPPERMAN IN FINANCE SAYS SHE'S COPYING THE HOTEL MONTHLY REPORT SAN ANTONIO.GOV WITH THE INFORMATION ON APRIL 7TH. AGAIN, MR. CHIN TRIES TO CONTACT PEOPLE CAN'T PAY. HE FINALLY MAILS A CHECK FOR $13,961 AND 2 CENTS TO THE CITY OF SAN ANTONIO FINANCIAL SERVICES DIVISION, UM, WHICH IS THE PAST DUE TAXES UP THROUGH SEPTEMBER, 2022 THAT HE WAS GIVEN THE INVOICE FOR, FOR THE PROPERTY AT IDAHO. UM, AND HE EMAILS THE FINANCE DEPARTMENT PEOPLE AGAIN, SENDS HIM A PICTURE OF THE CHECK THAT HE SENT ON APRIL 8TH. AGAIN AFTER SEVERAL FAILED ATTEMPTS TO LOG INTO THE HOST COMPLIANCE WITH HIS HOTEL OCCUPANCY TAX ID. HE, SO THE HOST COMPLIANCE SITE WAS ASKING ME TO REPORT THE HOST COMPLIANCE SITE WAS ASKING ME TO REPORT FROM SEPTEMBER OF 2020 THROUGH SEPTEMBER OF 2022, AFTER I HAD ALREADY SENT A CHECK. AND EVERY SINGLE TIME I MADE AN ATTEMPT TO MAKE A PAYMENT VIA THE HOST COMPLIANCE SITE, IT WAS ALWAYS ASKING ME TO REPORT, UH, REVENUE THAT I HAD ALREADY REPORTED AND PAID FOR. SO THAT'S THE REASON WHY I WAS UNABLE TO REPORT AND PAY FOR OCTOBER THROUGH APRIL. THERE WAS NO TECHNICAL DIFFICULTY. THAT WAS THE TECHNICAL DIFFICULTY. I, SO AGAIN, AS HE SAID, HE'S TRYING TO PAY, HE'S TRYING TO PAY THE OTHER AMOUNTS FROM OCTOBER TO BRING IT CURRENT. AND HE KNOWS THE CLOCK IS TICKING. HE KNOWS HE'S GOT TO GET IT DONE BEFORE APRIL 25TH, BECAUSE THAT WAS THE TIMELINE HE WAS GIVEN. HE'S TRYING TO COMPLY. UM, AND HE, AGAIN, EMAILS MS. OPPERMAN AND MS. AGUILAR ALVAREZ AND HOTEL MONTHLY REPORTS@SANANTONIO.GOV. HE GOT IT SPELLED RIGHT THIS TIME AGAIN, ASKING FOR HELP TO BE ABLE TO PAY THE CHECK IN THE AMOUNT OF $13,961 AND 2 CENTS CLEARS MR. CHIN'S BANK ACCOUNT ON APRIL 13TH. SO WE KNOW THAT THE CITY GOT THAT MONEY. HE, AGAIN, THINKING THAT THAT SOLVES THE PROBLEM WITH THE HOST, UM, PAYMENT SITE THAT HE'S SUPPOSED TO PAY THROUGH, GOES THERE. THAT PAYMENT HAS NOT BEEN ENTERED BECAUSE IT'S NOT BEEN ENTERED INTO THE SYSTEM. HE'S NOT ALLOWED TO PAY TO BRING THE OTHER TAXES CURRENT. UM, STILL TRYING TO PAY. AND THEN ON MAY 23RD, HIS PERMIT WAS REVOKED AGAIN. UM, WE ASKED THAT IT BE RECONSIDERED BECAUSE OF HIS ATTEMPTS TO PAY. UM, THIS IS ATTEMPT NUMBER SEVEN. FINALLY ON ATTEMPT NUMBER EIGHT ON MAY 26TH, STILL TRYING TO PAY. HE DISCOVERS THE 13,000 AGAIN, STILL HASN'T BEEN ENTERED INTO, BEEN ENTERED INTO THE SYSTEM. HE STILL CAN'T BRING CURRENT THE OTHER TAXES THAT ARE OWED. IT FINALLY GETS ENTERED AFTER HE CONTACTS THE FINANCE DEPARTMENT. ONE MORE TIME. THEY TELL HIM IT'S OBVIOUS THAT IT HASN'T BEEN ENTERED ON JUNE 1ST. HE BRINGS HIS TAXES CURRENT. IN THIS INSTANCE, THE SYSTEM FAILED MR. CHEN. HE WAS ACTIVELY TRYING TO PAY THE TAXES TO RETAIN HIS PERMIT SO THAT HE COULD CONTINUE TO WORK AND RUN HIS BUSINESS, HIS AIRBNB BUSINESS. UM, HE EVEN PAID THE PENALTIES AND THE INTEREST THAT OCCURRED WHILE HE WAS TRYING TO MAKE THE PAYMENT. SO I RESPECTFULLY REQUEST THAT MR. CHEN'S PERMIT BE REINSTATED. HE ACTIVELY TRIED TO PAY. SO JUST, JUST AS A, SO YOU WENT AND PAID THESE, UH, DOWN AT THE FINANCE, LIKE THE BRICK AND MORTAR BUILDING, LIKE YOU ACTUALLY TOOK A CHECK? I MAILED THE CHECK. MAILED THE CHECK. OKAY. AND DID, AND THE EMAILS YOU, DO YOU HAVE COPIES OF THE EMAILS THAT YOU CAN KIND OF PASS AROUND? YES. OKAY. IF THERE'S A BUNCH OF 'EM, YOU CAN JUST START DOWN THERE AND WE CAN JUST KIND OF PASS 'EM AROUND AND CHECK 'EM OUT. CAN WE ATTACH TO THE APPLICATION? YOU CAN HAND IT TO RILEY AND WE CAN HAND IT TO STAFF AND WE CAN PASS IT OVER TO THE COMMISSIONERS. [03:20:01] ZUNA COMMISSIONER ZUNA. SO YOU MENTIONED MULTIPLE PROPERTIES. ARE WE GONNA SEE OTHER SHORT TERM RENTAL, UM, SAYING, UH, UH, APPEALS ON OTHER PROPERTIES? OR IS THIS YOUR ONLY NOT TODAY. THIS IS, THIS IS THE ONLY ONE. THE OTHER, THE OTHER PROPERTIES THAT, UM, WERE IN CONSIDERATION HAVE BEEN SOLD? NO. SO THE OTHERS HAVE BEEN CLEARED. I SOLD THE PROPERTY. OH, SOLD. I THOUGHT YOU SAID SOLVED. YEAH. OKAY. THANK YOU. YEAH. AND THEN A, A QUESTION FOR STAFF. SO YOU MADE A REMARK ABOUT PAYING ON THE WEBSITE. UM, IS, IS, CAN YOU PAY IN PERSON? IS THERE A CASHIER'S WINDOW THAT YOU CAN GO TO FOR THE AUDITS? YES, THERE IS. HE COULD HAVE WALKED IT IN, MAILED IT IN, GONE ONLINE TO PAY IT. SO WE DO OFFER THOSE THREE OPTIONS FOR HIM TO PAY. OKAY. AND OKAY. MANNA COMMISSIONER MANNA. SURE. YEAH'S THIS QUESTION FOR CITY STAFF. I, I JUST CAN WALK THROUGH MAYBE OF A LITTLE BIT OF THE WORKFLOW. SO, SO WHEN IT IS THAT, UM, SOMEBODY WANTS TO HAVE A SHORT-TERM RENTAL, UM, I'M ASSUMING THAT THEY DO A REGISTRATION WITH THE CITY AND THEN, UM, SUBSEQUENTLY THERE'S SOME, I, I GUESS A REGISTRATION FOR THE, FOR THE, THE HOT SITE AND ALL THAT. SO IS THAT PART OF THE WHOLE TRANSACTION FOR WHEN IT IS THAT A SHORT-TERM RENTAL, YOU KNOW, IS CREATED? SO, SO I GUESS WALK ME THROUGH THAT WORKFLOW SO I UNDERSTAND. 'CAUSE IT SEEMS LIKE SOMETHING WAS MISSING HERE OR, OR A GAP OR SOMETHING. SO I'M TRYING TO UNDERSTAND WHAT GOT DISCONNECTED. 'CAUSE I WOULD ASSUME THAT THERE, THERE WAS A HANDSHAKE THERE THAT THAT HAPPENED. SO I'M JUST TRYING TO UNDERSTAND THAT. YES. SO WHEN THE APPLICANT APPLIES FOR A SHORT-TERM RENTAL PERMIT, WE ISSUED THEM THEIR HOT ACCOUNT NUMBER. UM, AND IT'S AN EMAIL FROM OUR SYSTEM THAT ALSO, UH, LETS THEM KNOW THAT THEY NEED TO PAY THEIR HOT TAX EVERY MONTH. UM, AND THEY PROVIDE THE INFORMATION ON THE EMAIL, UM, FOR THE FINANCE DEPARTMENT TO, SO THAT THEY CAN CONTACT THEM WITH ANY QUESTIONS OR CONCERNS THEY MAY HAVE. AND THEN, UM, AND THEN IS THERE AN EXPECTATION SET THEN THAT THERE IS A MONTHLY COMMUNICATION THAT OCCURS, UM, REGARDLESS OF ANY INCOME BROUGHT IN THAT REGISTRATION ON THE HOT TAX SITE, UH, STATING, I GUESS WHAT'S ANY TRANSACTIONS THAT HAVE OCCURRED? THAT WOULD BE A QUESTION FOR FINANCE. SO THERE IS NO MONTHLY COMMUNICATION. UM, REPORTING IS SELF, UH, SELF-REPORTING AND IT'S DUE MONTHLY REGARDLESS IF THERE ARE RECEIPTS. SO, SO IT IS A MONTHLY THING. CORRECT. REGARDLESS IF THERE'S, IF IT'S ZERO OR WHATEVER IT IS. CORRECT. SO, AND SO IF I UNDERSTOOD CORRECTLY THEN WE DIDN'T HEAR, UH, FROM THIS APPLICANT FOR, FOR A WHILE THROUGH WHATEVER CHALLENGES THAT HE MAY HAVE HAD. IS THAT CORRECT? CORRECT. SO THE PERMIT, HE WAS, UH, FROM 2020 AND HE DID NOT REPORT OR PAY UNTIL 2023. AND, AND WASN'T TESTIMONY WAS THAT HE WAS TRYING TO, BUT HE HAD TO CLEAR THE FIRST SET OF PAYMENTS DUE BEFORE THE SYSTEM ALLOWED HIM TO MAKE THE ADDITIONAL PAYMENTS. AND THAT WHY? YES, SIR. RIGHT. BUT I THINK, WELL THE DIALOGUE WAS FROM DAY ONE IS SUPPOSED TO BE REPORTING EVERY MONTH AND THAT DIDN'T TRANSPIRE UNTIL, UNTIL HE WAS NOTIFIED. SO THAT'S, I GUESS WHAT I WAS ASKING ABOUT IS THAT THAT PARTICULAR GAP THERE THEN IS WHAT I'M LOOKING FOR IS, AND SO FOR, UH, FOR FINANCE, IS THERE ANY EXAMPLES WHERE V R B O PAYS HOT TAXES? THAT THAT DOESN'T HAPPEN? NO. SO WE DO, WE DO NOT HAVE ANY CONTRACTS WITH ANY PLATFORMS FOR TAX COLLECTION. OKAY. AND THEN, BUT , UH, AND, AND ONE LAST QUESTION AND IT'S WHEN, WHEN THE PERMIT GOT REINSTATED IN JANUARY, IT WAS JANUARY I BELIEVE, OF 2023, DID THAT WASH OUT ANY OF THE NONCOMPLIANT ISSUES PRIOR TO AS FAR AS REPORTING HER? 'CAUSE YOU MADE GOOD ON EVERYTHING. 'CAUSE ONCE A PER, WHEN I HEAR THE WORD PERMIT REINSTATED IT, TO ME IT KIND OF MEANS CLEAN STATE STARTING TODAY. AND THAT'S WHY I WAS WONDERING, YOU KNOW, IS THERE, IS, IS ANY PART OF THIS REVOCATION HAVING TO DO WITH NOT REPORTING PRIOR TO JANUARY, 2023? SO THE REINSTATEMENT OF THE PERMIT IN JANUARY WAS DUE TO THE FACT THAT WE, IN OUR CONVERSATIONS WITH MR. CHEN, WE FOUND OUT THAT THE LETTERS OF, UM, AND LETTING HIM KNOW THAT HE WAS PAST DUE BASICALLY WERE SENT TO THE WRONG ADDRESS, UM, AND TO THE PRIOR OWNER. SO IN DOING SO, UM, I WAS ASKED IF WHAT MY THOUGHTS WERE, IF I SHOULD, UH, IF WE SHOULD REINSTATE HIM AND WE SAID YES, WE SHOULD GO AHEAD AND ALLOW HIM TO BE REINSTATED. THEY WERE AWARE, UH, BOTH MR. SPARROW AND MR. CHEN THAT WE WERE IN THE PROCESS OF REVIEWING ALL THE MONTHS THAT HE HAD NOT REPORTED AND THAT WE WOULD PROVIDE HIM A TOTAL AMOUNT ONCE THAT AMOUNT WAS PROVIDED, HE WAS TO PAY AND ALSO BRING THE ACCOUNT CURRENT FOR ANY OTHER MONTH THAT HE HAD NOT REPORTED OR HE WOULD BE RELOCATED YET. AND, AND PAYMENT IS ALWAYS DUE AT THE END OF THE MONTH OR IS THERE A DAY OF THE MONTH? PAYMENT IS DUE AT THE, AT, AT THE END OF EVERYTHING. SO AS, AS OF THE END OF JUNE, IS HE CURRENT? SO HE DID PAY THROUGH MAY OF MAY 31ST, 2023. HE DID NOT REPORT FOR JUNE BECAUSE THE PERMIT WAS REVOKED. OKAY. [03:25:03] MACHACA, COMMISSIONER MANCHACA, I HAVE A QUESTION HERE FOR, UH, STAFF FINANCE. IS THERE A POSSIBILITY THERE'S A DISCREPANCY IN THE SYSTEM? NO, THERE'S NO DISCREPANCIES. DO YOU PROCESS THESE PAYMENTS IN BATCH OR REAL TIME? THE PAYMENTS ONLINE ARE REAL TIME. WHAT TIME? SO THERE'S NO CUTOFF. LIKE, UM, THE SERVER IS UPLOADED AT FIVE O'CLOCK. HE'S MAKING A PAYMENT AT SIX O'CLOCK. SO NO, THE PAYMENT THAT WAS PROCESSED IN MAY, HE PROCESSED THAT AT, UM, MAY 31ST AT MIDNIGHT. SO WE KNOW LIVE TIME. SO IT'S NO DOWNTIME. IT'S NO DOWNTIME. THANK YOU. ARE YOU TELLING ME THAT THIS IS THE VERY FIRST COMPUTER SYSTEM THAT HAD NO POSSIBILITY WHATSOEVER OF HAVING A GLITCH OR HAVING A PROBLEM? I, I'VE WORKED WITH COMPUTER SYSTEMS FOR, I GUESS SINCE THE VERY FIRST COMPUTERS THAT WAS WITH THE TUBES. AND THERE'S ALWAYS THAT POSSIBILITY AND I, IT AM AMAZES ME THAT SOMEBODY WOULD EVER SAY THIS SYSTEM, THERE'S NO WAY POSSIBLE FOR THIS SYSTEM TO NOT HAVE AN ERROR. SO WE HAVE NOT HAD ANY OTHER CUSTOMER, SHORT-TERM RENTAL CUSTOMER, UM, SAY TO FINANCE STAFF THAT THE SYSTEM WILL NOT TAKE THEIR MONEY. WE'RE FINANCE, WE COLLECT ALL KINDS OF MONEY. , WE ALWAYS TAKE MONEY. COMMISSIONER MENKA? YES. UH, ONE MORE QUESTION. SO, UH, IN TERMS OF THE SERVER, IT KEEPS A LOG. SO HAVE YOU THE LOGS BEEN REVIEWED AS THE ATTEMPTS HE'S MADE? ACCORDING TO THE ID HE USES, SO NO, UM, WE DO NOT KEEP A LOG. THE SYSTEM DOES NOT KEEP A LOG UNLESS IT'S A SUCCESSFUL REPORTING OR SUCCESSFUL PAYMENT. WELL THAT'S, THAT'S UNUSUAL. USUALLY KEEP A LOG ANY TRANSACTION THAT WAY YOU KNOW WHAT THE SYSTEM'S PERFORMANCE IS. I'M NOT BLAMING, I'M JUST IDENTIFYING COMMISSIONER KAPLAN. MR. CHEN, DO YOU KNOW NOW IF WE REINSTATE YOU HOW TO PAY YOUR HOTEL OCCUPANCY TAX MONTHLY? I DO. OKAY. ALRIGHT. IF THERE'S, UH, ANY PUBLIC COMMENTARY? MS, NO PUBLIC COMMENT. COMMISSIONER ZUNIGA? YES. UH, THIS FOR STAFF, THE STAFF OF THE CITY OF SAN ANTONIO HAS AN OBLIGATION TOINE EVERY MONTH, UH, THE RECEPTION AND, UH, ASKING THEM TO, TO PAY THEIR MONTHLY TAXES, ET CETERA. OR IS IT THE RESPONSIBILITY OF THE OWNER? IT IS THE RESPONSIBILITY OF THE OWNER. SO ONCE THE PERMIT WAS REINSTATED, UM, HE WAS PROVIDED 90 DAY NOTICE. AND ONCE THEY RECEIVE A 90 DAY NOTICE, WE DO NOT SEND ADDITIONAL REMINDERS BECAUSE IT DOES RESET THE 90 DAY CLOCK. OKAY. UH, LET ME ASK A, A QUESTION HERE, UH, TO MS. WILSON. SO WHAT YOU'RE SAYING IS THAT, UH, THEY NEEDED A REMINDER, YOUR CLIENT NEEDED A REMINDER EVERY 30 DAYS TO PAY? NO, SIR. THAT'S NOT WHAT I'M SAYING. IT SEEMS, IT SEEMS THAT WAY. THAT'S, YOU KNOW, THE WAY, I MEAN THAT IF IT HAS AN OBLIGATION, EVEN WHATEVER THE PROPERTY MANAGER OR WHATEVER, WE DON'T GET INVOLVED WITH THE PERSONNEL, BUT THERE'S, AND YOU KNOW, IT TOOK THIS LONG, ESPECIALLY FIRST THAT HE GOT WELL, THAT THERE WAS A BREAK THERE BY SENDING THE MAILS ALLEGEDLY TO A WRONG ADDRESS. AND, YOU KNOW, SO I DON'T THINK A A PERSON SHOULD BE REMINDED A APPLICANT OR EVERY 30 DAYS. I MEAN, YOU JUST, OR YOU WALK UP AS A COMPUTER'S DOWN, WHAT A, A MAJORITY OF US GO TO GO AND PAY AND THAT'S IT. OKAY. WELL IT SOUNDS LIKE, I THINK WE'RE GETTING A LITTLE OFF TOPIC, BUT I I WANT TO SAY, UH, LOOKS LIKE WE'RE READY FOR A MOTION. SOMEONE OH, I WAS GONNA SAY, IF I COULD CLARIFY A COUPLE OF THINGS. YEAH, SURE. GO AHEAD. FIRST OF ALL, WITH, WITH REGARD TO YOUR STATEMENT, BASED ON THE INFORMATION THAT MR. CHIN WAS GETTING, AND I AGREE HE MIGHT HAVE, SHOULD HAVE CHECKED A LITTLE MORE CAREFULLY, BUT THE INFORMATION HE WAS GETTING FROM HIS PROPERTY MANAGER AND FROM AIRBNB AND FROM VRBO, AS HE WAS UNDER THE IMPRESSION THE TAXES WERE BEING PAID BECAUSE THEY WERE BEING CHARGED AND HE HAD NO NOTICE THAT THEY HADN'T BEEN PAID. THE SECOND THING I WOULD LIKE TO CLARIFY IS THAT WHEN HE WAS TRYING TO MAKE THE PAYMENT ON THE HOST COMPLIANCE SITE WITH [03:30:01] HIS HOTEL OCCUPANCY TAX ID, IT WAS TELLING HIM HE NEEDED TO PAY THE 13,000 AMOUNT BEFORE HE COULD BRING THE OTHER PART CURRENT. THIS WAS EVEN AFTER THE CHECK WAS SENT, HAD BEEN NEGOTIATED BY THE CITY AND CAME OUT OF HIS BANK, WHICH WAS STILL BEFORE THE TIME. THAT IS BEFORE THAT APRIL 25TH. THAT'S BECAUSE WHOEVER WAS SUPPOSED TO ENTER THAT AMOUNT INTO THE SYSTEM DIDN'T, ONCE THAT AMOUNT WAS ENTERED INTO THE SYSTEM, UNFORTUNATELY PAST THAT APRIL 25TH DATE, THEN HE WAS ABLE TO BRING THE REST OF HIS TAXES CURRENT. THE SYSTEM WORKED JUST FINE. OKAY, THANK YOU. MANNA COMMISSIONER KAPLAN, UH, COMMISSIONER MANNA. SO YEAH, I HAD A SO QUESTION FOR CLARIFICATION FOR THE CITY. SO WITH REGARDS TO THE DIALOGUE, AND I'M AGAIN NOT FAMILIAR ENOUGH WITH THE WORKFLOW FOR, UM, V R B O AND, AND AIRBNB IS, IS THAT, UH, THE APPLICANT'S TALKING ABOUT, UM, A, A BYLINE ON THEIR STATEMENT THAT SAYS HOT TAX. SO IS IT THAT THAT'S BEING PART OF THE BILLING SYSTEM, ASSUME THAT GETS PASSED THROUGH BACK TO THE APPLICANT THAT THEY HAVE TO PAY IT. SO JUST TRYING TO UNDERSTAND THE DISCONNECT THERE BETWEEN, UM, YOU KNOW, THE APPLICANT STATING THAT WHAT THEY WERE SEEING FROM AIRBNB AND V R B O DID INDICATE A HOT TAX. DO YOU KNOW WHAT THAT WORKFLOW IS? , LOOKING AT THE DOCUMENTATIONS, WHETHER IT'S A SHORT-TERM RENTAL OR A HOTEL, TAXES ARE ALWAYS CHARGED TO THE GUEST. UM, HOWEVER, THE PROPERTY OWNER, WHAT AGAIN, WHETHER IT'S A SHORT-TERM RENTAL OR A HOTEL TURNS AROUND AND THEY REPORT, UM, THEY EITHER TAKE THE REPORT, THE TOTAL REVENUE MINUS EXEMPTIONS TAKEN, BUT THE REPORT COMES FROM THE PROPERTY OWNER. THANK YOU. CODDLE COMMISSIONER CODDLE, WHAT DATE, I GUESS WAS THIS $13,000 PAYMENT, I GUESS, WHEN WAS THE CHECK WRITTEN? I TAKE IT IT WAS MAILED. WHAT WAS THE DATE THAT IT WAS RECEIVED BY THE CITY THEN? WHEN WAS IT DEPOSITED INTO HIS BANK ACCOUNT? AND THEN WHEN WAS THE, UH, DEPOSIT POSTED TO HIS ACCOUNT? MAY I ANSWER? I WOULD, I WOULD, I WOULD IMAGINE, I WOULD THINK THAT IF YOU, IF THE CITY GOT THE PAYMENT, THAT IT SHOULD HAVE BEEN POSTED THE SAME DAY THAT IT WAS RECEIVED. MAY I ANSWER THAT QUESTION? YES, PLEASE DO. I WROTE THE CHECK APRIL THE SEVENTH, IT CLEARED MY BANK ACCOUNT APRIL THE 13TH, THE SAME DAY I WENT TO HOST COMPLIANCE TO GO AND TRY TO REPORT AND PAY FROM OCTOBER THROUGH MARCH AT THAT POINT, BECAUSE APRIL WAS STILL A CURRENT MONTH, AND AT THAT TIME IT WAS STILL ASKING ME TO REPORT REVENUE FROM SEPTEMBER, IN SEPTEMBER, 2020 TO S UH, SEPTEMBER, 2022 IN ORDER TO BE ABLE TO REPORT FROM OCTOBER THROUGH MARCH. SO UNFORTUNATELY THE SYSTEM WAS MAKING ME HAVE TO PAY THAT $13,000 PAYMENT TWICE IN ORDER FOR ME TO HAVE TO GO AND REPORT FOR OCTOBER THROUGH MARCH. AND ONCE, UM, THIS, ONCE THIS HAD BEEN CLEARED ON THE HOST COMPLIANCE SIDE, WHICH WAS I THINK, UH, MAY THE 23RD, MAY, MAY THE 26TH, I MADE THAT PAYMENT AND GOT EVERYTHING CLEARED AND, UH, OKAY. CLEAN SLATE. SO, SO THAT'S LIKE SIX WEEKS LATER, IS THAT WHAT YOU'RE SAYING IS ABOUT SIX WEEKS AFTER THE, THE CHECK CLEARED TO YOUR ACCOUNT? CORRECT. ALRIGHT. SO TO ANSWER YOUR QUESTION, THE UH AMOUNT WAS DUE FEBRUARY 28TH. WE RECEIVED PAYMENT FOR THE AMOUNT OF THE 13,000 ON APRIL 13TH, AND IT CLEARED HIS ACCOUNT ON APRIL 13TH. HOWEVER, THE AMOUNT WAS DUE BACK ON THE 28TH OF FEBRUARY. OKAY, I'LL MAKE A MOTION, BUT I GUESS THEY, THEY, YOU GET A CHECK. NOW, I UNDERSTAND COMPLETELY IF YOU'RE PAYING THROUGH THE SYSTEM AND IT POSTS, BUT IF YOU GOT A CHECK, THAT CHECK IS NOT IN ITSELF GOING TO POST TO A COMPUTER SYSTEM. SOME PERSON, SOME INDIVIDUAL HAS TO POST THAT CHECK. AND I, I GUESS I'M HAVING TROUBLE WHEN IT'S, HE SAYS THAT THE SYSTEM KEEPS, WON'T ALLOW THAT. AND THEN THAT WAS WHY MY QUESTION WAS WHAT DAY DID THE CHECK, [03:35:01] UH, YOU KNOW, DID THE FINANCE DEPARTMENT GET THE CHECK AND WHERE IS THE LOG IN THE SYSTEM THAT THAT PAYMENT WAS POSTED TO HIS ACCOUNT, SIR? SO PER UH, ADMINISTRATIVE DIRECTIVE FOR THE CITY IN CASH HANDLING, WE POST OUR CHECKS WITHIN 24 HOURS OF THEM BEING RECEIVED. WELL, IF WE RECEIVED IT ON THE 13TH, WE POSTED IT ON THE 13TH. OKAY. MAY I INTERJECT? YEAH, UH, QUICKLY, PLEASE. UM, WHEN I WENT TO THE HOST COMPLIANCE SITE ON MAY 26TH TO STILL TRY TO PAY, IT WAS STILL MAKING ME HAVE TO REPORT FROM SEPTEMBER OF 2020 TO SEPTEMBER OF 2022 IN ORDER TO MAKE MY PAYMENT. OKAY. I I MEAN, I'VE, I THINK I'VE HEARD PLENTY. UM, COMMISSIONER KAPLAN, IF YOU WANNA MAKE THE MOTION, I WOULD LIKE TO MAKE A MOTION REGARDING CASE NUMBER BOA DASH 23 REGARDING CASE NUMBER BO A DASH 23 DASH 1 0 3 0 0 1 7 7. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE APPEAL FOR THE PROPERTY SITUATED AT 2 0 9 IDAHO STREET, APPLICANT BEING LASHELLE WILSON BECAUSE THE INFORMATION PROVIDED BY THE APPLICANT SHOWS THAT THE CITY STAFF MADE AN ERROR IN REVOKING THE SHORT TERM RENTAL PERMIT. SECOND, SECOND, SECOND BY COMMISSIONER BRAGMAN, COMMISSIONER KAPLAN. YEAH, I I THINK WE'RE ALL FOR, UH, UH, GRANTING YOU THE SHORT TERM RENTAL PERMIT. AGAIN, WE'VE ALL BEEN THROUGH SITUATIONS WHERE WE'VE HAD TROUBLE COMMUNICATING WITH THE GOVERNMENT AND IT SOUNDS LIKE YOU HAVE HAD A REALLY HARD TIME. UM, YOU HAVE, IT SOUNDS LIKE YOU HAVE DONE YOUR BEST TO MAKE YOUR PAYMENTS AND THROUGH WHATEVER GOVERNMENT BUREAUCRACY YOU'VE BEEN PREVENTED. SO I'M IN FAVOR OF GRANTING YOU THE SHORT-TERM RENTAL PERMIT. THANK YOU. COMMISSIONER BRAGMAN. I'M GONNA HAVE TO AGREE. I JUST FEEL LIKE THERE WAS, UM, TOO MANY ERRORS, UM, REGARDLESS OF WHICH SIDE, BUT THE FACT THAT HE TRIED MANY, MANY TIMES TO MAKE PAYMENTS AND THAT IT TOOK SIX WEEKS FOR, UM, THE PAYMENT TO SHOW UP ON THE, UM, ACCOUNT. IT DOESN'T MATCH WITH THE, THE 24 HOUR DEPOSIT, UH, NOTICE FROM THE CITY. SO I'LL BE IN SUPPORT OF THE MOTION I COMMISSIONER'S IN IT. YES. SO, SO I TOO AM GONNA BE IN SUPPORT AND CONCUR WITH THE APPLICANT'S APPEAL, BUT I'M MAKING MY DECISION INDEPENDENTLY AND, UM, IT'S MY OWN LISTENING TO THE TESTIMONY HERE AND I'VE MADE MY DECISION INDEPENDENTLY. SO NOT TO BE SPOKEN FOR BY OTHER BOARD MEMBERS. ANYONE ELSE LIKE TO ADD MENCHACA? COMMISSIONER MIN CHAKA? I ALSO WILL, UH, SUPPORT THE, THE APPLICANT BECAUSE OF THE CHRONOLOGY OR THE RECORD TRAIL THAT HE KEPT AND LED US UP TO THE POINT WHERE THERE WAS NO DOUBT THAT DUE DILIGENCE AND PROPER PROCEDURE WAS FOLLOWED AND CONTENDING WITH, UH, CERTAIN ISSUES THAT WERE BEYOND HIS CONTROL. OR MAYBE THE CITIES TOO THAT, UH, IN THAT CASE, I WILL SUPPORT THE APPLICANT. ANYONE ELSE? COMMISSIONER MADOCK. SO I, I WILL BE SUPPORTING THE APPLICANT AS WELL, ALTHOUGH IT WAS VERY CLOSE FROM MY PERSPECTIVE. UM, YOU KNOW, WE ARE PROVIDED LOTS OF AVENUES AND YOU KNOW, I WALKING BY, UH, UM, COFFEE BREAKS AND GOING THROUGH AND VISITING PEOPLE AND COMING DOWN WHEN I KNOW THAT THERE'S THIS MUCH MONEY INVOLVED, YOU KNOW, TO ME I WOULD'VE BEEN VISITING THE CITY IN PERSON AND TRYING TO RESOLVE IT AND NOT TRYING TO DO ANYTHING OVER, YOU KNOW, OVER THE INTERNET IF THAT WAS FAILING ME. AND I WOULD'VE TAKEN MANY, MANY OTHER OPTIONS KNOWING THAT THIS WAS ON THE LINE. AND SO, BUT RECOGNIZING, UM, THAT YOU DID TRY AND THAT THERE WAS SOME CHALLENGES, YOU KNOW, I WILL BE, UH, VOTING IN FAVOR, BUT THERE ARE MORE OTHER OPTIONS AVAILABLE. ANY ANYONE ELSE? I HEAR WE NOW LET'S HAVE A ROLL CALL. VOTE PLEASE. MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. MANCHACA? I CONCUR. MR. DEAN. I DO NOT CONCUR. MR. CODDLE CONCUR. MR. ZUNIGA? I DO NOT CONCUR. MR. MANNA. I CONCUR. MR. OZUNA? YES, I CONCUR. MR. RAHI, HE'S THERE. MR. RAHI? RILEY, CAN YOU EXPAND THAT SO WE CAN SEE HIM BIGGER? IF YOU CAN HEAR US, IF YOU CAN GIVE US A THUMBS UP OR THUMBS DOWN. A THUMBS UP. OKAY. EXPAND THE SCREEN. THERE YOU GO. CHAIR ORIAN. AND I CONCUR. I HAVE, I, I'VE, UH, VOTE FOR THE APPLICANT. MOTION PASSES [03:40:01] NINE TO TWO. WE RARELY, UH, PASS APPEALS, SO CONGRATULATIONS. DO YOU HAVE ANY QUESTIONS? CAN I MAKE A ONE LAST? IT WAS STAFF COMMISSIONER'S UNIT. UH, STAY OFF OF PEER SPACE. YEAH, DO NOT STAY AWAY FROM PEER SPACE. PLEASE, PLEASE BE CAUTIOUS OF ADVERTISING ON THIS. OH, THAT'S THE EARLIER ONE. YES. THANK YOU. THANK YOU GUYS. YES, SIR. THANK YOU. THANK YOU. GOOD LUCK WITH YOUR, WITH YOUR PROPERTY. ALL RIGHT, THE [ Approval of Minutes  ] LAST ITEM IS THE MINUTES. ANYBODY? I HAD SOME CORRECTIONS. I KNOW STAFF HAD HAD ALREADY, UH, UH, MADE, MADE THOSE REVISIONS. ANYONE ELSE? HEARING NONE? I'M LOOKING FOR A MOTION. SO MOVED. UH, MOTION BY COMMISSIONER BRAGMAN. SECOND BY COMMISSIONER MIN CHAKA. UH, ALL IN FAVOR SAY AYE. AYE. ANY OPPOSED? HEARING NONE. UH, MINUTES PASS. UM, STAFF, IS THERE ANYTHING YOU, UH, LIKE TO ANNOUNCE? NO DIRECTOR'S REPORT. THANK YOU. ALRIGHT, AND I'D LIKE TO THANK EVERYBODY. IT'S BEEN A WHILE SINCE WE GOT OUT BEFORE FIVE O'CLOCK. UH, WE ARE, I WOULD LIKE TO SAY THAT THIS WILL BE, OH, YES. COMMISSIONER CODDLE. GO AHEAD. THIS WILL BE MY LAST MEETING. UH, DISTRICT 10 WILL HAVE A, UH, I GUESS THEY'VE GOT SOMEBODY ELSE THAT WILL BE SITTING IN, STARTING IN AUGUST. WELL, THANK YOU FOR, FOR YOUR SERVICE AND, AND YOU KNOW, AT LEAST, AT LEAST, I HOPE YOU HAD SOME FUN WHILE YOU WERE HERE. . THANK, THANK YOU FOR YOUR SERVICE TO THE BOARD. SOUNDS LIKE I MAY HAVE MISSED SOME EXCITEMENT, BUT , THANK YOU FOR THE SERVICE TO YOUR COUNTRY AND FOR THE BOARD. THANK YOU, SIR. YES, SIR. THAT'S RIGHT. THANK YOU. WELL, IT'S 4 55. WE'RE ADJOURNED. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.