* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:02] IT IS ONE OH ONE, AND WE'RE GONNA CALL THIS MEETING OF THE BOARD OF ADJUSTMENTS TO ORDER. IF WE HAVE THE SPANISH TRANSLATOR COME OUT, PLEASE. GOOD AFTERNOON, COMMISSION. THANK YOU. THANK YOU. STAFF, IF YOU COULD PLEASE CALL. ROLL. MR. SPIELMAN. PRESENT. MR. MANCHACA? PRESENT. MS. CRUZ? HERE. MR. ZIKA PRESENT. MR. MANNA PRESENT. MS. BENAVIDEZ? PRESENT. MR. UNA PRESENT. MR. ORIAN PRESENT. MR. BONNI? YES. PRESENT. THE QUORUM IS PRESENT. ALL RIGHT. THANK YOU. UH, THE FIRST, UH, THING THAT WE'RE GONNA DO TODAY, UH, SWEAR IN ONE OF OUR NEW MEMBERS. SO IF YOU COULD PLEASE RAISE YOUR RIGHT HAND, UH, AND REPEAT IT AFTER ME. I STATE YOUR NAME. I, TAMARA BENAVIDEZ. DO SOLEMNLY SWEAR. DO SOLEMNLY SWEAR THAT I WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE OF ZONING BOARD OF ADJUSTMENT THAT I WILL FAITHFULLY, THAT I WILL FAITHFULLY EXECUTE THE, THAT I WILL FAITHFULLY EXECUTE. WHERE IS IT? AT THE DUTIES OF THE OFFICE OF ZONING, BOARD OF ADJUSTMENTS COMMISSIONER. MM-HMM. OF THE STATE OF TEXAS. OF THE STATE OF TEXAS. AND WILL THE BEST OF MY ABILITY, PRESERVE, PROTECT, AND TO THE BEST OF MY ABILITY, PRESERVE AND PROTECT AND DEFEND THE CONSTITUTION AND LAWS, AND DEFEND THE CONSTITUTION AND LAWS OF THE UNITED STATES. OF THE UNITED STATES, AND OF THE STATE. SO HELP ME, GOD AND OF THE STATE. SO HELP ME GOD. ALL RIGHT. THANK YOU. THANK YOU. UM, . SO IF EVERYBODY COULD PLEASE, UH, UH, STAND AND JOIN ME. IN THE PLEDGE, I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDERGONE INVISIBLE WITH LIBERTY AND JUSTICE. ALL HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO ONE STATE UNDER GOD, ONE AND INDIVISIBLE. SO BEFORE WE [ Briefing and Possible Action on the following items  ] PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION. THIS BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY A NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS. FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT. LASTLY, AS CHAIR WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS, I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS THE 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 THE MEMBERS OF THE CITY. STAFF COMMENTED IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT AND DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATOR AND THE SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION 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 REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE. IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY THE CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY DECISION OR RECOMME RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT IN 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 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 WILL 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 RELIEF LAW ATRESS WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISIONS OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIALS. SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW. BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD BOARD'S. DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS [00:05:01] OF YOUR CASE STAFF. GOOD AFTERNOON. UH, STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION. AND THE REQUEST PRIOR TO PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE FOR SPECIAL EXEMPTION OR APPEAL AND PROPERTIES WITHIN 200 FEET OF THE SUBJECT PROPERTY. CHECK MARK INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION FOLLOWING THIS PRESENTATION. ANY OTHER QUESTIONS ABOUT A BOARD THE APPLICANT WILL PRESENT THEIR REQUEST FOR WITHOUT THAT SIGN UP TO SPEAK FOR OR AGAINST A PROPOSED VARYING SPECIAL EXEMPTION OR APPEAL. YOU'LL BE CALLED ON IN ORDER THAT YOU SIGN UP TO SPEAK. THOSE IN SUPPORT IN OPPOSITION WILL BE ALLOWED MAXIMUM THREE MINUTES TO SPEAK AND YOU'LL NOT BE OBLIGATED TO UTILIZE A MAXIMUM TIME LIMITATION. FOR THOSE THAT WOULD LIKE TO GIVE UP THEIR TIME TO A SPEAKER. THE SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO SPEAKERS, TWO PEOPLES GIVING UP THEIR TIME FOR A TOTAL OF NINE MINUTES. THOSE GIVING UP THEIR TIME MUST BE PRESENT AND SIGNED UP TO SPEAK. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS. UM, ALSO A QUICK REMINDER TURN OFF, UH, PLEASE SILENCE YOUR CELL PHONES. AND MR. OR MS. SALVADOR GARCIA, YOU PRESENT CASE, ARE YOU HERE FOR? I'LL GO WITH THEM. I'LL GO WITH THEM ON THE SIDE. OKAY. AND SO THAT'S ALL CHAIR. SO, UH, ITEMS NUMBER ONE AND THREE HAVE REQUESTED A CONTINUANCE, UH, TO COMMUNICATE WITH THE NEIGHBOR ASSOCIATION AND ALSO DUE TO AVAILABILITY. THIS, ARE WE TALKING ABOUT AUGUST 21ST AS A SUGGESTED DATE? SEPTEMBER 11TH. SEPTEMBER 11TH. OKAY. SO WE'RE GONNA DO THIS A LITTLE DIFFERENTLY. UM, TODAY I'M GONNA MAKE A MOTION TO CONTINUE BO O A, UH, AGENDA ITEM ONE AND THREE, WHICH IS BO O A DASH 23 DASH OH 3 1 64, AND BO O A DASH 23 103 75, UH, TO SEPTEMBER 11TH. SECOND, SECOND. SECOND BY COMMISSIONER ARMANA. AND, UH, LET'S HAVE A ROLL CALL. VOTE MR. MANO. AYE. MR. SPIELMAN AYE. MR. MENCHACA? YES. MS. CRUZ? YES. MR. ZIKA? YES. MS. BENAVIDEZ? AYE. MR. UNA? YES, I CONCUR. MR. BOEZ? AYE. MR. ORIAN AND I ALSO VOTE? YES. MOTION PASSES. UH, BEFORE WE MOVE ON, WAS THERE ANY CITIZENS OR ANY VOICEMAILS THAT NEEDED TO BE, UH, HEARD ON ITEMS ONE THREE? THERE WAS A VOICEMAIL FOR ITEM NUMBER, UM, ONE AND ONE PUBLIC SPEAKER, I BELIEVE. ALL RIGHT. ACTUALLY, NO, NO PUBLIC SPEAKERS. JUST, UH, VOICEMAILS. WELL, LET'S HEAR THE VOICEMAIL BEFORE WE MOVE ON TO ITEM TWO. HI. I AM CALLING TO LEAVE A MESSAGE, UM, IN REGARDS OF, UH, CASE B O A 23 1 0 3 0 0 1 6 4 FOR, UM, ONE 15 MILTON STREET. UM, THEY'RE REQUESTING A VARIANCE, UM, FROM THE, UH, 15 FOOT N CD CURB CUTS. UM, UH, WELL, THEY HAVE LIKE FOUR VARIANCES. UM, I'M, I'M CALLING TO OPPOSE THESE REQUESTS. UM, I, I'M A, I LIVE IN THE NEIGHBORHOOD. I'M NOT, UM, UH, LIKE IMMEDIATELY CLOSE TO THIS PROPERTY, BUT I DO WALK BY THE PROPERTY OFTEN. AND, UM, I'M OPPOSED TO THIS REQUEST FOR A COUPLE OF REASONS. UM, ONE, IT'S A ROUTE THAT, UM, STUDENTS TAKE TO THE SCHOOL. AND, UM, BY GRANTING THE, THESE VARIANCES FOR THE CURB CUTS WHERE, UM, THE, THE CARS WOULD IN ESSENCE BE LIKE PARKED IN THE, WHAT WOULD BE THE FRONT YARD AREA? UM, IT, IT WOULD BLOCK THE SIDEWALK BECAUSE IF YOU, UH, GO TO THE GO TO THE PROPERTY, UM, THERE'S NOT ENOUGH ROOM FOR, UH, VEHICLES TO PARK IN. WHAT IS THE, THE PARKING AREA? UM, SO THAT'S UNSAFE FOR PEDESTRIANS. UM, AS THE CONSTRUCTION HAS BEEN GOING ON, WE'VE BEEN HAVING TO WALK IN THE STREET ALREADY, UM, WHICH IS UNSAFE. AND, UM, I JUST DON'T THINK THAT, UH, THAT THAT IS SAFE, ESPECIALLY FOR CHILDREN WHO ARE WALKING TO SCHOOL. ANOTHER REASON, UM, I'M OPPOSED TO THIS VARIANCE REQUEST IS BECAUSE A LOT OF THE WORK LOOKS LIKE IT HAS ALREADY BEEN DONE. SO I AM CONFUSED AS TO WHY, UM, WHY THIS WORK WAS ALLOWED TO BE DONE IN THE FIRST PLACE BECAUSE, UM, A LOT OF THE CONCRETE HAS, OR LIKE THE PROCESS HAS ALREADY BEEN STARTED, THE BUILD HAS ALREADY [00:10:01] MOSTLY FINISHED. UM, IF THE PRECEDENT FOR, UM, ALLOWING PEOPLE TO DEVELOP IN THEIR NEIGHBORHOOD IS THAT THEY ASK FOR FORGIVENESS AND REQUEST FOR THESE VARIANCES AFTER MOST OF THE WORK HAS BEEN DONE. LIKE WHAT? IT, UM, IT REALLY LEAVES NO RECOURSE. AND THE, THE POINT OF, UM, US HAVING SUSTAINABLE N C D GUIDELINES AND DEVELOPMENT GUIDELINES, UM, IT REALLY LIKE GIVES THE NEIGHBORS NO, NO SAY IN, UM, WHAT'S, HOW, HOW DEVELOPMENT OCCURS IN THEIR NEIGHBORHOOD. SO I AM OPPOSED TO THESE VARIANCE REQUESTS. UM, AND I HOPE THAT THE CITY DOES SOMETHING, UM, UH, ABOUT THAT. THANK YOU. BYE. ALL RIGHT. SO WE CAN NOW HEAR, UH, ITEM TWO. ITEM NUMBER TWO IS BO O A DASH TWO THREE DASH 1 0 3 0 0 1 4 2. UH, ADDRESS IS 3 0 6 EAST NOTTINGHAM DRIVE IN CITY COUNCIL DISTRICT 10. APPLICANT IS JAMES WIND AND THE REQUEST IS FOR A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A DETACHED GARAGE TO BE TWO FEET FROM THE SIDE PROPERTY LINE. AND THE CURRENT ZONING IS N P EIGHT NEIGHBORHOOD PRESERVATION DISTRICT. THE SUBJECT PROPERTY IS LOCATED ALONG NOTTINGHAM DRIVE, NEAR NACODOCHES ROAD. UH, PRIOR TO CONSTRUCTION, THE APPLICANT IS SEEKING A VARIANCE FOR THE REDUCTION OF THE SIDE SETBACK. UH, THE APPLICANT IS ANTICIPATING REPLACING AN EXISTING NON-CONFORMING ACCESSORY STRUCTURE AS THE FOUNDATION IS BECOMING IN DISREPAIR. THE NEW DETACHED GARAGE WILL BE LOCATED TWO FEET FROM THE SIDE PROPERTY LINE. UM, ACCESSORY STRUCTURES ARE REQUIRED TO BE SET BACK FIVE FEET FROM THE SIDE AND UPON SITE VISIT. STAFF OBSERVED OTHER ACCESSORY STRUCTURES IN THE IMMEDIATE AREA. AND THIS IS THE SITE PLAN AND THIS IS THE SUBJECT PROPERTY. AND THIS IS THE LOCATION OF THE EXISTING GARAGE. AND THIS IS THE SURROUNDING AREA. STAFF RECOMMENDATION FOR THE SIDE SETBACK VARIANCE STAFF RECOMMENDS APPROVAL AND BO O A DASH 23 DASH 0 3 0 1 42 BASED ON THE FOLLOWING. UH, ONE, THE APPLICANT IS REPLACING AN EXISTING NON-CONFORMING STRUCTURE, WHICH WILL BE FURTHER FROM THE SIDE PROPERTY LAND THAN THE CURRENT ONE. AND TWO WA UH, WATER RUNOFF WERE NON IMPOSED AND RISK OF FIRE SPREAD IS MITIGATED. AND THIS IS THE NOTIFICATION PLAN. STAFF MAIL 20 NOTICES, UH, ONE RETURN IN FAVOR, ZERO IN OPPOSITION. AND THE OAK PARK NORTHWOOD NEIGHBORHOOD ASSOCIATION ARE IN FAVOR OF THE REQUEST. AND THIS IS THE NEIGHBORHOOD ASSOCIATION RESPONSE. AND THEN THIS IS, UH, THE PUBLIC RESPONSE THAT I RECEIVED FROM THE IMMEDIATE NEIGHBOR, AND THAT CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. ALL RIGHT. THANK YOU VERY MUCH. THANK YOU. MY TURN? YES, IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE. GOOD AFTERNOON, LADIES AND GENTLEMEN. UH, MY NAME IS JAMES WENDY. I LIVE AT 3 0 6 EAST NOTTINGHAM DRIVE. UH, SO, UH, THE HOME ITSELF WAS BUILT IN 1947. UH, THE CURRENT STRUCTURE, THE GARAGE THAT WE HAVE ON SITE, UH, I DON'T THINK IT WAS BUILT WITH FOOTINGS BASED ON THE FACT THAT THERE'S A CRACK RUNNING DOWN THE CENTER OF THE GARAGE. UM, SO WE'RE LOOKING TO TEAR IT DOWN, OBVIOUSLY, 'CAUSE IT'S BECOMING UNSAFE. AND AC ACTUALLY WITH THERE'S DRY WEATHER, WE'RE STARTING TO SEE THAT CRACK EXPAND AND IT APPEARS TO BE SINKING MORE BECAUSE THE LACK OF FOOTERS. SO, UH, THAT'S A PRIMARY REASON FOR IT. UM, THE ISSUE, UH, WITH THE, UH, FIVE FOOT SIDE SETBACK IS BECAUSE OF THE, HOW NARROW IT IS ALONG THE SIDE OF OUR HOUSE. IF, IF YOU COULD KIND OF GO TO THAT ONE PICTURE RIGHT HERE, SO YOU COULD SEE IF YOU COME BACK, ONE THING ADJUSTED RIGHT THERE WHERE THE DRIVEWAY IS, THE, THE WIDTH IS ONLY ABOUT 10 FEET WIDE. AND THEN THERE'S ACTUALLY, YOU CAN SEE WHERE THE, THE, UM, UH, OUR, UH, CHIMNEY SORT OF, IT PROTRUDES OUT A LITTLE BIT. SO THIS IS WHEN I'M BACKING MY TRUCK DOWN, I ONLY HAVE ABOUT FOUR INCHES ON EITHER SIDE OF THE VEHICLE. SO IT ALREADY MAKES FOR A VERY NARROW PATHWAY. UH, SO THEN TO GET BACK TO THE GARAGE AND THEN INTO THE GARAGE, IF WE WERE TO, IF WE WERE TO SHIFT THE, UH, CURRENT STRUCTURE OVER AN ADDITIONAL THREE FEET MORE, IT CURRENTLY LOCATES, THEN IT, IT'S GONNA PREVENT US. AND THE REASON THAT IS BECAUSE WHAT YOU CAN'T REALLY SEE HERE IN THIS PHOTO IS AT SOME POINT PREVIOUS OWNERS HAD IT ADDED A, UH, A PRIMARY BEDROOM, AN ADDITIONAL PRIMARY BEDROOM THAT EXTENDS. YOU CAN KIND OF SEE THE CORNER OF IT RIGHT THERE. UH, ON THE FAR LEFT IT EXTENDS ALL THE WAY BACK, RIGHT? SO BY SHIFTING THE GARAGE OVER, IT'S GONNA NARROW THE OPENING OF THE GARAGE ITSELF, WHICH WOULD MAKE IT VERY DIFFICULT TO BE ABLE TO INGRESS AND EGRESS FROM THE GARAGE. SO THAT'S, THAT'S THE PRIMARY REASON WHY WE WANTED TO REDUCE THAT. AS WELL AS OBVIOUSLY THE LIMIT. SINCE WE ARE GONNA EXPAND THE WIDTH OF THE STRUCTURE ITSELF, WE'RE GONNA WIDEN THE GARAGE BY ABOUT EIGHT TO 10 FEET. WE ALSO DON'T WANT TO HAVE IT PROTRUDE TOO FAR OUT INTO THE WHAT, THE EXISTING, UH, UH, BACKYARD. ALRIGHT. UH, WE'RE GONNA SEE IF THERE'S, UH, UH, ANY, UH, QUESTIONS FROM THE COMMISSION FOR YOU. UH, ANY, UH, COMMISSIONER QUESTIONS? SO COMMISSIONER ZUNIGA? YES. ARE YOU GOING USE THE SAME [00:15:01] FOOTPRINT? YOU'RE NOT GONNA USE THE SAME NOW, THE SAME FOOTPRINT? NO, SIR. THE PLAN IS TO, TO DEMOLISH EVERYTHING, INCLUDING THE, UH, INCLUDING THE, UH, UH, EXISTING, UH, SLAB AND THEN START FROM SCRATCH. THANK YOU. YES, SIR. COMMISSIONER MANCHACA AND COMMISSIONER MANNA? UH, SIR, WHEN DID YOU SAY THIS HOUSE WAS BUILT? UH, IT WAS 1947, SIR. SO YOU HAD AT THE FRONT TURNAROUND? UH, YES, SIR. WAS THE FRONT TURNAROUND PART OF ISSUE WITH A PREVIOUS COVER? IS THERE A PERMIT FOR THIS? THERE WAS A PERMIT AND IT WAS ISSUED, UM, IN GIMME ONE SECOND. IT WAS IN 2021. UH, AND IT WAS REVIEWED BY TRAFFIC AND ZONING AND IS UNDER THE 50% IMPERVIOUS COVERAGE COMMISSIONER MAMMOTH. SO, SO IF I HEARD RIGHT, YOU SAID THAT YOU'RE GOING TO BE, UM, EXPANDING THE GARAGE, AND SO I'M ASSUMING THAT YOU AREN'T MOVING CLOSER TO THE FENCE, BUT YOU'RE MOVING, YOU'RE, YOU'RE EXPANDING TOWARDS THE OTHER DIRECTION? YES, SIR. TOWARDS THE CENTER OF THE YARD. UM, AND SO ONE OF THE QUESTIONS WE LIKE TO, OR I LIKE TO ASK IS REGARDS TO THE SLOPE OF THE ROOF ARE RIGHT HERE. IT SHOWS THAT YOU HAVE A PITCH DOWN THE CENTER AND, AND GOING BOTH WAYS, OR YOU CAN FOLLOW THAT SAME PITCH FOR YOUR, FOR THE NEW ROOF? YES, SIR. UM, SO, SO THE THREE FOOT DISTANCE THAT WAS TALKED ABOUT, OR THE TWO FOOT DISTANCE THAT WAS TALKED ABOUT, IS THAT THE DISTANCE FROM THE WALL TO THE, UM, UM, TO THE FENCE ITSELF, OR FROM THE PITCH OF THE ROOF TO THE WALL ITSELF? THE PITCH OF THE ROOF, SIR. SO IT'D BE A THREE FOOT VARIANCE FROM THE EDGE OF THE, UH, BUILDING ITSELF TO THE FENCE LINE. YOU CAN KIND OF SEE IN THE PHOTO HERE WHERE THE FENCE IS LOCATED, HOW, HOW MUCH WIDTH THERE IS. AND THERE WAS AN EXISTING WALKWAY FROM, I GUESS, WHEN THE HOME WAS BUILT, AND IT'S ONLY ABOUT TWO FOOT, TWO FEET WIDE. SO CURRENTLY IT'S TWO FEET. WE'RE TALKING ABOUT EXTENDING IT ANOTHER FOOT OUT, BUT WITH THE OVERHANG IT'LL BE TWO FEET FROM THE EDGE OF THE, THE EDGE OF THE PROPERTY LINE, SIR. OKAY. SO ONE OF THE THINGS THAT I ALWAYS LIKE TO LOOK AT IS WATER RUNOFF. AND SO ONE OF THE QUESTIONS IS, YOU KNOW, I GUESS WHICH WAY DOES THE PROPERTY SLOPE? AND THEN, YOU KNOW, ARE THERE OPPORTUNITIES MAYBE FOR PUTTING IN GUTTERS THERE TO ENSURE THAT YOU AREN'T GOING TO FLOOD YOUR NEIGHBOR'S PROPERTY? YES, SIR. IT, IT ACTUALLY, IT DOES SLOPE TOWARDS THE ALLEYWAY AND THERE'S, THERE'S AN ALLEYWAY BEHIND THE HOUSE. SO EVERY, ALL THE WATER, WHEN IT DOES RAIN, RAIN, IT DOES SLOPE TOWARDS THAT. YOU CAN ACTUALLY SEE THE CRACK AND YOU CAN SEE SORT OF RIGHT THERE IN THE FRONT OF THE GARAGE HOW IT, THE WATER ESSENTIALLY HITS AND THEN COMES AROUND THE GARAGE WHEN IT DOES RAIN. UM, BUT GUTTERS WOULDN'T BE A PROBLEM, SIR, OBVIOUSLY. 'CAUSE WE'RE GONNA START FROM SCRATCH WITH THE, UH, WITH THE CONSTRUCTION. SO IT WOULD BE NEW ROOF AND NEW CONSTRUCTION. WELL, WE CAN'T, WE CAN'T SET CONDITIONS, BUT IF YOU WOULD LIKE TO AMEND YOUR APPLICATION SUCH THAT IT WOULD INCLUDE GUTTERS THAT MIGHT, UH, YOU KNOW, GIVE YOU, GIVE SOME, UH, HAPPINESS TO SOME OF THE COMMISSIONERS. YES, SIR. AND IF YOU'D LIKE TO DO THAT, IT'S UP TO YOU. OKAY. YOU GOT IT. YOU ACTUALLY HAVE TO MAKE A, OH, IF YOU WANT TO, YOU YES, NO, I'LL, I'LL, I'LL ADD THE GUTTERS. I MEAN, I DON'T WANT TO OBVIOUSLY CREATE RUTS. I MEAN, GUTTER'S ALWAYS A NICE THING THAT HELPS PREVENT A LOT OF MUD AND OTHER THINGS FROM OCCURRING AS WELL, AND THAT OBVIOUSLY HELPS WITH WATER ON OFF. OKAY. SO THE, SO AT THE, AT THE PODIUM YOU'RE AMENDING YOUR APPLICATION, UH, TO INCLUDE GUTTERS? YES, SIR. ALL RIGHT. IS THERE ANY OTHER QUESTIONS? ANY PUBLIC COMMENTARY VOICEMAILS? NO PUBLIC COMMENT. OKAY. AND I, AND I DID SEE THAT THE NEIGHBOR ASSOCIATION WAS IN SUPPORT. YES, SIR. YEAH, I THOUGHT I SAW AN EMAIL ABOUT THAT EARLIER. ALL RIGHT, WITH THAT, I'M LOOKING FOR A MOTION. OZUNA COMMISSIONER ZUNA, REGARDING CASE NUMBER BO A DASH 23 DASH 0 3 0 0 1 42. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A DETACHED GARAGE TO BE TWO FEET FROM THE SIDE PROPERTY LINE, UH, TO INCLUDE GUTTERS SITUATED AT 3 0 6 EAST NOTTINGHAM DRIVE, APPLICANT BEING JAMES, WENDY, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINE SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY RESTRICTED SETBACKS TO PROVIDE SPACING BETWEEN PROPERTIES, THE APPLICANT IS REQUESTING A VARIANCE TO THE SIDE SETBACK TO ALLOW A DETACHED GARAGE TO BE TWO 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 BY BEING TOO CLOSE TO THE SHARED PROPERTY LINE, UH, WATER RUNOFF WILL NOT IMPOSE, UH, DUE TO THE GUTTERS AT THE, UH, APPLICANT WILL BE, UH, CONSTRUCTING AND THE RISK OF FIRE SPREAD HAS MITIGATED. ADDITIONALLY, THE CURRENT DETACHED GARAGE IS NON-CONFORMING. IT HAS NOT BEEN CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS AND LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT, WOULD RESULT IN UNNECESSARY HARDSHIP. THE SPECIAL CONDITION FOUND ON THE SUBJECT PROPERTY LIMITED SIDE YARD SPACE FOR EGRESS AND INGRESS, THE APPLICANT HAS REPLACED AN EXISTING DETACHED GARAGE, WHICH WAS CONSTRUCTED IN 1947 PRIOR TO THE CURRENT SETBACK REGULATIONS. IF THE LITERAL ENFORCEMENT OF THE ORDINANCE WAS SUPPLIED, THE APPLICANT WOULD NEED TO ABIDE BY THE MINIMUM FIVE FOOT SETBACK REQUIREMENT. THIS WOULD RESULT IN UN, UN, UN, UH, UNACCESSIBLE HARDSHIP AS THE BUILDING ACCESS WOULD BE LIMITED IN REAR YARD SPACE WOULD BE REDUCED. [00:20:01] UH, THREE BY GRANTED THE VARIANCE, THE SPIRIT OF THE ORDINANCE WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THOSE THAN THE EXACT LETTER OF THE LAW. IN THIS CASE, THE INTENTION IS FOR THE SUFFICIENT SPACING BETWEEN STRUCTURES AND PROPERTY LINES. THE DETACHED GARAGE WILL BE TWO 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 USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED. NO OTHER USES THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIS WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALSO THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE DETACHED GARAGE WILL MAINTAIN TWO FEET FROM THE SIDE PROPERTY LINE, WHICH IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THE REPLACEMENT, THE, UH, REPLACEMENT OF THE DETACHED GARAGE THAT CURRENTLY IS NON-CONFORMING AND IS CLOSE TO THE SIDE PROPERTY LINE THAN THE NEWLY ANTICIPATED STRUCTURE. THE REQUEST WILL NOT INJURE ADJACENT PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THIS DISTRICT. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF 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 ARE NOT MERELY FINANCIAL, NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS OF THE DISTRICT WHERE THE PROPERTY IS LOCATED, STAFF FINDS IS APPLIED TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SAW IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS LIMITED SIDE YARDS SPACE FOR EGRESS AND INGRESS. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION. SECOND. SECOND BY COMMISSIONER CRUZ. UH, COMMISSIONER ZUNA? YES. SO I'M GONNA BE SUPPORTING, UH, THE MOTION, UM, GIVEN THAT THE APPLICANT, UH, AMENDED HIS MOTION TO INCLUDE, UH, THE GUTTERS. UH, WE HAVE, UH, THE SUPPORT OF THE NEIGHBOR ASSOCIATION AND SUPPORT OF THE NEIGHBOR THAT WOULD BE MOST, UH, AFFECTED BY IT. ADDITIONALLY, THE NEW STRUCTURE WILL BE, UH, MORE ACCOMMODATING TO THE SITE SETBACK THAN THE EXISTING CONDITION OF THE PROPERTY WITH THE GARAGE LOCATION WHERE IT IS. SO GIVEN THOSE FACTORS, I'M SUPPORT OF THE MOTION. COMMISSIONER CRUZ? YES, I CONCUR WITH MR. UNA AND I DON'T SEE ANY PROBLEMS WITH THIS CONSTRUCTION. THANK YOU. ALL RIGHT. ARE THERE ANY OTHER COMMISSIONERS THAT'D LIKE TO ADD TO THE DISCUSSION? MIC CHAKA. COMMISSIONER MIN CHAKA. UH, THANK YOU, SIR. COMING BEFORE YOU CONSTRUCTED. IT'S VERY WISE AND, UH, MAKING US A PRAISE OF ALL OF THIS. ALL RIGHT, IF THERE'S NO ONE ELSE, LET'S HAVE A ROLL CALL. VOTE PLEASE. MR. UNA. I CONCUR. MS. CRUZ. I CONCUR. MR. SPIELMAN. I CONCUR. MR. MANCHACA I CONCUR. MR. ZIKA. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. BENAVIDEZ. I CONCUR. MR. BONILLA CONCUR. MR. ORIAN, I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES, UH, NINE TO ZERO. CONGRATULATIONS. IF YOU HAVE ANY ADDITIONAL QUESTIONS YOU CAN GET WITH STAFF. UM, NEXT ITEM IS GONNA BE ITEM NUMBER FOUR. UH, BEFORE WE START, I WANTED TO ASK, WE HAVE NINE SITTING. UH, ARE WE EXPECTING ANY OTHER MEMBERS? THERE'S TWO MORE COMMISSIONERS THAT'S SUPPOSED TO BE HERE. UM, AND ONE THAT WAS SUPPOSED TO JOIN AT THREE ON WEBEX THAT WE'RE TRYING TO GET UP. OKAY. UM, RIGHT NOW. YEAH, IF YOU CAN JOIN NOW, THAT'D BE GREAT. . THANK YOU. ALL RIGHT. ITEM FOUR. GOOD AFTERNOON. AGENDA ITEM FOUR, BO O 8 23 1 0 3 0 0 1 8 7. ADDRESS IS 1601 BUENA VISTA AND 1615 BUENA VISTA STREET COUNCIL. DISTRICT FIVE APPLICANT IS FISH POND LIVING AT BUENA VISTA LP. A REQUEST FOR 25 PARKING SPACE VARIANCE FROM THE MINIMUM 46 PARKING SPACES TO ALLOW 21 PARKING SPACES. ZONING IS ID Z THREE HIGH INTENSITY INFILL DEVELOPMENT ZONE, UH, WITH USES PERMITTED IN C TWO COMMERCIAL DISTRICT AND 61, UH, DWELLING UNITS. CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED ALONG BON VISTA STREET, JUST WEST OF IH 35. THE APPLICANT IS REQUESTING A 25 PARKING SPACE VARIANCE TO ALLOW 21 PARKING SPACES. THE PROPERTY WAS RECENTLY REZONED BY ORDINANCE 20 23 0 5 1 8 0 3 5 9 DATED MAY 20, MAY 18TH, 2023 TO I D Z THREE. HIGH INTENSITY INFIELD DEVELOPMENT ZONE DISTRICT WITH USES PERMITTED IN C TWO COMMERCIAL DISTRICT AND 61 DWELLING UNITS. THERE ARE CURRENTLY ONLY 21 EXISTING PARKING SPACES ON SITE CURRENTLY. THERE IS NO SPACE TO ADD ADDITIONAL PARKING SPACES ON THE SITE. THE TRAFFIC TEAM HAS REVIEWED AND HAS NO OBJECTIONS TO THE 1 0 1 PARKING SPACES, ALTHOUGH THE TRAFFIC TEAM HAS SUGGESTED A COOPERATIVE PARKING TO GAIN MORE PARKING IF POSSIBLE. THIS IS YOUR SITE PLAN AND THE SUBJECT PROPERTY. AND THIS IS THE EXISTING PARKING SPACES BEHIND THE BUILDING AND THE REST OF THE, UH, EXISTING SPACES BEHIND THE BUILDING AND THEIR SURROUNDING AREA. STAFF RECOMMENDATION FOR PARKING SPACES, STAFF RECOMMENDS APPROVAL AND B O A 23 1 0 3 0 0 1 8 7 BASED ON THE FOLLOWING FINDINGS, THE [00:25:01] GRANTING OF THE VARIANCE TO ALLOW 21 PARKING SPACES DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST. AND TWO, THE VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. 19 NOTICES WERE MAILED OUT FOR THE NOTIFICATION PLAN. ZERO IN FAVOR, ZERO IN OPPOSITION AND HISTORIC REST SIZE RESIDENCE NEIGHBORHOOD ASSOCIATION IS IN FAVOR. AND THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. YEAH. SO, UH, ONE QUICK QUESTION. UH, IZ THREE ALLOWS FOR A 50% PARKING REDUCTION. IS A 46 MINIMUM REQUIRED? IS THAT WITH THE REDUCTION OR IS THAT WITHOUT? THAT WAS WITH, RIGHT? IT'S WITH THE REDUCTION. WITH THE REDUCTION. ALL RIGHT, AWESOME. THANK YOU MANNA COMMISSIONER MANNA. UH, ONE QUESTION THAT I HAD FOR THE, THE I D Z ZONING, ARE THERE ANY RESTRICTIONS THAT CAN BE SET WITH THAT WITH REGARDS TO ITS FUTURE USE? IS, OR IS IT JUST I D Z AND WHATEVER CAN FLOAT INTO AN I D Z? UH, IS PERMITTED? IT'S WITH THE USES, UH, PERMITTED IN THE ORDINANCE. UM, I BELIEVE IT'S, UH, 65 DWELLING UNITS. UM, I CAN CLARIFY THAT HERE IN A SECOND THOUGH. YES, THAT'D BE GOOD TO KNOW. THANK YOU. I'M SURE THE APPLICANT COULD ALSO ENLIGHTEN THIS C TWO AND 61 DWELLING UNITS. CRUZ, GOOD AFTERNOON COMMISSIONERS. EMILY WEISLER WITH KILLING GRIFFIN AND FAIRMAN 1 0 1 0 1 REUNION PLACE, SUITE TWO 50. UM, STAFF IS UPLOADING OUR PRESENTATION. UH, REAL QUICK, IF WE CAN START WITH SLIDE TWO. UM, SO YES, THIS PROPERTY IS JUST OVER SEVEN TENTHS OF AN ACRE. UH, THIS IS HOME TO THE PROSPECT HILL APARTMENTS. UH, THESE APARTMENTS HAVE BEEN IN EXISTENCE SINCE 1985. UM, BUT THIS IS A HISTORICALLY SIGNIFICANT PROPERTY. UM, AND I'LL GET INTO THAT, THAT AS JUST, WELL, SO THIS IS, IT'S TWO ADDRESSES. 1601 AND 1615. 1601 IS THE HOME OF THE PROSPECT HILL MISSIONARY BAPTIST CHURCH THAT WAS ESTABLISHED IN 1911, UM, BEFORE IT WAS RENOVATED AND RESTORED AND CONVERTED TO SENIOR AFFORDABLE HOUSING. UM, AND THEN AT 1615 IS AN EXISTING TRIPLEX THAT WAS BUILT IN 1930. SO THAT IS THE COLLECTIVE 61 UNITS THAT EXIST ON THE PROPERTY TODAY. UM, NEXT SLIDE. CAN I DO THAT UP HERE? OKAY. UM, YES. SO, UH, COMMISSIONER MANANA TO ANSWER YOUR QUESTION, SO THIS PROPERTY WAS REZONED IN MAY TO I D Z THREE FOR 61 DWELLING UNITS AND USES PERMITTED IN C TWO. THAT C TWO ALLOWS FOR, UM, THE COMMUNITY RECREATION FACILITIES. SO THIS IS A LOW INCOME HOUSING PROJECT. UM, THIS IS FOR QUALIFYING SENIORS. UM, AND IT HAS BEEN THAT WAY SINCE 1985. UM, SO THAT IS WHAT THE SITE PLAN AND THE USE IN THE ZONING IS RESTRICTED TO. IT WAS PART OF THE ORIGINAL 36 SQUARE MILES. ITS FIRST ZONING WAS F WHICH IS LOCAL RETAIL. IT THEN CONVERTED TO C TWO. UM, NONE OF WHICH ALLOWS FOR THE CURRENT COMPLIANCE FOR THE 61 UNITS. UM, AND THAT'S, UH, SUPPORTIVE COMMUNITY USE THERE. SO IT WAS REZONED IN MAY TO BRING THE PROPERTY ZONING INTO FULL COMPLIANCE. UH, NEXT SLIDE. UM, AGAIN, THIS IS THE SITE PLAN. YOU CAN SEE THE EXISTING FOOTPRINT SETBACKS, THE EXISTING PARKING SPACES. THERE ARE 14 ALONG THE NORTHERN REAR SIDE OF THE PROPERTY. UM, AND THEN THERE ARE SEVEN KIND OF BETWEEN THE TWO EXISTING STRUCTURES. THIS SITE PLAN WAS BASED ON, UM, THE ORIGINAL FOOTPRINT. UH, THIS IS THE SAME FOOTPRINT THAT WAS USED IN THE 1980S NATIONAL HISTORIC REGISTER, UM, APPLICATION FOR THIS PROPERTY WHEN IT WAS GOING THROUGH HISTORIC, EXCUSE ME, HISTORIC PRESERVATION. UM, SO NO CHANGES HERE. AGAIN, TRIPLEX EXISTED IN 1930. THIS STRUCTURE WAS BUILT IN WITH THE 58 UNITS, WAS BUILT IN 1911. UM, AND THOSE 21 PARKING SPACES IS ALL IT'S EVER BEEN. UM, AND PRIOR TO THE USE AS AFFORDABLE HOUSING FOR SENIORS, IT WAS A FULL FUNCTIONING PROSPECT HILL MISSIONARY BAPTIST CHURCH. SO IT ACCOMMODATED THEIR CONGREGATION, UM, UNTIL 1985. NEXT SLIDE. SO THIS IS THE VIEW. THIS IS ALONG SAN JACINTO. THIS PROPERTY IS SITUATED AT THE CORNER OF BUENA VISTAS AND SAN JACINTO. YOU CAN SEE THE REAR PARKING TO THE BACK. UH, NEXT SLIDE. UH, THIS IS JUST TO GIVE YOU A LITTLE BIT BETTER. SO WE ARE SOUTH OF WEST COMMERCE. WE ARE WEST OF ALZA CREEK, UM, AND KIND OF SURROUNDED BY A LOT OF DEVELOPMENT. THIS PROPERTY IS COMPLETELY LANDLOCKED. THERE IS NO ROOM TO ADD ADDITIONAL PARKING. UH, NEXT SLIDE. THIS IS A LITTLE BIT MORE ZOOMED IN. YOU CAN SEE THE EXISTING FOOTPRINTS OF WHAT'S SURROUNDING IT. UM, THERE IS, UH, STUDIOS, CHURCHES, UH, BUSINESSES, HOMES, UM, ALL AROUND THIS. BUT WE ARE LANDLOCKED HERE ON THIS PROPERTY. AND TO OUR NORTH, IMMEDIATELY THERE IS AN EXISTING ALLEYWAY THAT CONNECTS BETWEEN SOUTH PINTO AND SAN JACINTO JACINTO. NEXT SLIDE. SO, JUST REAL QUICK AGAIN, UM, PROSPECT HILL MISSIONARY BAPTIST CHURCH BUILT IN 1911. UM, THIS IS THE SECOND OLDEST PERMANENT BAPTIST STRUCTURE IN SAN ANTONIO. UM, THERE WAS A SERIES OF FIRES IN THE EARLY SEVENTIES, UH, TO EARLY EIGHTIES. UM, AND IN 1980, O H P APPROVED THE ABILITY [00:30:01] TO RESTORE, UM, WHICH RESULTED IN A FULL GUTTING OF THE INTERIOR FULL RESTORATION OF THE EXTERIOR. AND THAT IS WHEN IT TRANSITIONED TO AFFORDABLE SENIOR HOUSING. AND IT HAS BEEN THAT WAY SINCE 1985. UH, NEXT SLIDE. THANK YOU. SO AGAIN, JUST ANOTHER VIEW FROM SAN JACINTO. YOU CAN SEE THE EXISTING PARKING NEXT SLIDE. UH, YES. SO PROPERTY. THERE ARE CURRENTLY 21 SPACES. THAT'S WHAT IT IS. THAT'S ALL THERE EVER WAS AND NEVER CAN BE. THERE IS NO ADDITIONAL ROOM TO ADD PARKING ON THIS PROPERTY. THIS, AGAIN, IS A SENIOR AFFORDABLE HOUSING DEVELOPMENT. UM, IT HAS BEEN THAT WAY SINCE 1985. UM, AND THE RESIDENTS OF PROSPECT HILL DO NOT OWN AND OR REGULARLY OPERATE A MOTOR VEHICLE. SO THE NEED FOR OFF STREET PARKING, WHICH IS TO REDUCE ON-STREET PARKING, UM, IS VERY, VERY LIMITED HERE. THIS, THESE 21 SPACES HAVE BEEN SUFFICIENT FOR THE COMMUNITY FOR THIS USE, UH, FOR ALMOST FOUR, FOUR DECADES. UM, THERE ARE MULTIPLE TRANSIT STOPS NEARBY, AND I'LL SHOW YOU A MAP OF THOSE IN JUST A SECOND. AS WELL AS, UH, PEDESTRIAN BIKE LANES HAVE JUST BEEN ADDED TO BUENA VISTA. SO A LOT OF MULTIMODAL TRANSPORTATION OPTIONS. UM, NOT A TON OF, UH, SENIORS LIVING IN THIS FACILITY ARE RIDING BIKES, BUT FOR THOSE THAT DO, THERE IS THAT OPTION FAMILIES VISITING. UM, BUT THERE ARE A LOT OF TRANSPORTATION OPTIONS. UM, BUT ONCE AGAIN, THIS PROPERTY IS NOT, AND THE USE AND THE FUNCTION OF THE RESIDENCE IS NOT RELIANT ON VEHICLE PARKING HERE ON SITE. UM, THE HISTORIC WEST SIDE RESIDENCE ASSOCIATION WAS IN FULL SUPPORT OF THE REZONING EFFORT. THEY'RE ALSO IN SUPPORT OF THE PARKING VARIANCE. ACTUALLY, WHEN WE WERE GOING THROUGH THE REZONING PROCESS, ONE OF THEIR REQUESTS WAS THAT WE WERE NOT ADDING PARKING. WE WERE NOT DEMOLISHING STRUCTURES. WE WERE NOT PURSUING DEMOLITION OF STRUCTURES, THAT THERE WAS GOING TO BE A CONTINUATION AND MAINTENANCE OF THE EXISTING FOOTPRINT, THE EXISTING FUNCTION OF THIS SITE, UM, AS WELL AS MOST IMPORTANTLY FOR THEM, THE EXISTING NUMBER OF DWELLING UNITS WITHOUT APPROVAL OF THIS PARKING VARIANCE, THE ONLY LOGICAL RESULT WOULD BE REDUCTION OF THOSE UNITS. AND THAT IS LOSS OF HOUSING FOR THOSE SENIORS, UM, THAT HAVE RELIED ON THIS FOR, FOR DECADES NOW, NEXT SLIDE. UM, AGAIN, YOU CAN SEE THOSE EXISTING PI, UH, BIKE LANES, UM, THAT HAVE JUST BEEN ADDED ONTO BUENA VISTA. AND THIS IS JUST AN AERIAL VIEW OF THE PROPERTY. YOU CAN SEE THE EXISTING CHURCH TRIPLEX AND WHERE THOSE 21 PARKING SPACES EXIST. NEXT SLIDE. SAME, SAME. UM, AGAIN, THIS HAS BEEN SENIOR AFFORDABLE HOUSING FOR ALMOST 40 YEARS. UM, AND WE DO NOT HAVE ANY PHYSICAL SPACE TO ADD THOSE PARKING. UM, AND AGAIN, THE REDUCTION, THE LOSS OF UNITS HERE, UM, IS SOMETHING THAT THE COMMUNITY HAS WORKED VERY, VERY HARD FOR A LONG TIME TO PRESERVE. UM, AND YES, THIS HAS, UH, RECENTLY BEEN PURCHASED. PART OF OUR DISCUSSION WITH THE COMMUNITY WAS THAT REGARDLESS OF ANY AFFORDABLE TAX CREDIT INCREMENT, UM, TAX CREDIT HOUSING AWARDS, THAT THIS WOULD REMAIN AFFORDABLE SENIOR HOUSING AT ITS CURRENT CAPACITY. AND WE'D LIKE THE ABILITY TO CONTINUE TO UPHOLD THAT PROMISE TO KEEP THESE SENIORS HOUSED IN THIS DEVELOPMENT. NEXT ONE. UM, SO AGAIN, NO USES AUTHORIZED HERE. THE ZONING IS, UM, IN PLACE IDZ THREE C TWO AND THE 61 DWELLING UNITS. UH, THE PARKING VARIANCE DOES NOT ALLOW FOR ANYTHING OTHER THAN THE 21 SPACES THAT HAVE EXISTED AND CURRENTLY EXIST. UH, NEXT ONE. KEEP GOING. SAME, SAME. UM, YES. SO AGAIN, THE 46 SPACES IS WITH THE I D Z REDUCTION, UH, TO THE PARKING VARIANCE. UM, AND SO WE ARE REQUESTING A TOTAL PARKING VARIANCE OF 21 SPACES, EXCUSE ME, 25 TO ALLOW FOR THE 21 SPACES THAT ARE CURRENTLY ON SITE. UM, STAFF IS RECOMMENDING APPROVAL, HISTORIC WEST SIDE RESIDENTS ASSOCIATION IS IN SUPPORT, UM, AND WILL RESPECTFULLY REQUEST YOUR SUPPORT AS WELL. I'M HAPPY TO ANSWER ANY QUESTIONS. THANK YOU. I I HAVE A COUPLE QUESTIONS. UM, IN 1985, WHEN IT WAS, UH, DWELLING UNITS WERE THERE 61 BACK THEN TOO, SO IT IS, THERE'S 58 INSIDE THE PROSPECT HILL CHURCH STRUCTURE. THERE'S 58 THERE, AND THEN THERE'S THE TRIPLEX THAT HAS EXISTED SINCE 1930. SO THAT'S THE ADDITIONAL THREE. SO THERE'S 58 ON SITE, THAT'S HOW, WHAT IT'S ALWAYS BEEN, AND IT LOOKS LIKE THE ALLEY IS, HAS, IS DRIVABLE. DID, DID IT EVER COME UP LIKE POSSIBLY USING THE ALLEY TO HIT PARKING AND THEN GETTING ANOTHER ROW OF PARKING BELOW IT ACCESS? UH, NO. THAT HAS NOT COME UP. AND THAT'S A PUBLIC, UH, ALLEYWAY. SO WE, WE HAVEN'T HAD ANY OF THOSE DISCUSSIONS ABOUT WHAT THAT WOULD COST. NOT, NOT TO PARK ON IT, BUT TO, TO GET IN THE PARKING SPACE FROM THE ALLEY AND THEN PUT ANOTHER PARKING SPACE IN FRONT OF THE ONES THAT'S ALREADY THERE THAT, BECAUSE YOUR PLAN SHOW A 50 FOOT SETBACK, SO THE BUILDING TO THE PARKING, WHICH IS ENOUGH ROOM FOR A DRIVE LANE IN A PARKING SPACE. SO I, I DIDN'T KNOW IF THAT WAS BROUGHT UP OR LOOKED AT. UM, NO, IT HAS NOT. BUT THAT, UM, SETBACK IS ALSO, UM, A ON THE SITE PLAN WITH THE REZONING. SO A REDUCTION [00:35:01] TO THAT MAY TRIGGER ANOTHER REZONING REQUEST. UM, SO THAT IS A EXTRA OKAY. NO, I WAS JUST, IT WOULD REDUCTION. YOU WOULD JUST PUT A PARKING SPACE THERE. YEAH. AND THEN FINALLY, WITH IT BEING FOR SENIORS AND, AND PEOPLE WHO, WHO MAY OR MAY NOT DRIVE, IS THERE ENOUGH HANDICAPPED PARKING? CORRECT, YES, THERE IS. YEAH. RIGHT. THANK YOU. MM-HMM. COMMISSIONER ZUNE. UH, SO MY QUESTION IS JUST WHAT KIND OF TRIGGERED THE REQUEST FOR THE REZONING AND FOR THE VARIANCE? IS THAT THE CHANGE OF OWNERSHIP, UH, GOING FROM A, LIKE A CHURCH TO A NONPROFIT OR WHAT? SO IT'S WHAT TRIGGERED IT, IT'S, IT'S BEEN SEVERAL OWNERS OVER THE YEARS. UM, AGAIN, THE, THE AFFORDABLE HOUSING USE HAS BEEN, UM, THERE SINCE 1985. UM, BUT WITH, WITH THE NEW OWNERSHIP, THERE WAS A REVIEW OF DUE DILIGENCE ON THE SITE'S EXISTING, UM, ENTITLEMENTS. UM, AND THE ZONING, ALTHOUGH IT'S BEEN IN EXISTENCE FOR A LONG TIME, THE C TWO ZONING, UM, TRANSITIONALLY DID NOT ALLOW FOR THOSE CURRENT USES. SO IN ORDER TO MAINTAIN THAT CURRENT USE, WE HAD TO GO THROUGH THE REZONING PROCESS. IT'S LIKE CLEAN UP AN AISLE THREE? CORRECT. ALRIGHT. YES, SIR. COMMISSIONER SPIELMAN, I SOMETIMES PARK ON BUENA VISTA AT A COFFEE SHOP TWO BLOCKS DOWN FROM THERE. MM-HMM. IS THERE, AND THERE'S ALWAYS PLENTY OF PARKING ON THE, UH, YOU KNOW, SOUTH SIDE OF BUENA VISTA. MM-HMM. , IS THERE PLENTY OF PARKING, UH, ON BUENA VISTA IN FRONT OF YOUR BUILDING AS WELL? SO, UH, NOT ANYMORE ON THE NORTH SIDE OF BUENA VISTA, THAT HAS RECENTLY CONVERTED TO BIKE LANES, SO, UM, UH, WHICH IS REALLY, REALLY IMPORTANT. UM, ADDING THAT MULTIMODAL TRANSPORTATION, UH, OPTION IN DISTRICT FIVE, UM, AND REALLY ACROSS THE CITY. UM, SO THERE, THERE'S NOT PARKING ON THE NORTH SIDE, BUT THERE IS PARKING ON THE SOUTH SIDE, AND THEN ON BOTH SIDES OF SAN JACINTO AND SOUTH PINTO, I BELIEVE. THANK YOU. COMMISSIONER MANNA. SO I HAVE TWO QUESTIONS. FIRST QUESTION IS, UM, WITH REGARDS TO IT BEING IDENTIFIED AS HISTORICAL, UM, ON A HISTORICAL REGISTER, WHAT ARE THE RESTRICTIONS THAT COULD BE DONE TO THE BUILDING ITSELF LONG TERM? I MEAN, CAN, IT CAN'T BE RAISED, I'M ASSUMING, BECAUSE IT IS HISTORICAL STRUCTURE, SO THE ONLY THING IT CAN HAPPEN IS BASICALLY REPURPOSING WHATEVER, IT'S FROM THE INTERIOR, CORRECT? YEAH. SO AT THIS POINT, UM, THERE, YEAH, DEMOLITION IS NOT A, A REALISTIC OPPORTUNITY, UM, TO REDUCE THE, THE FOOTPRINT OF THE EXISTING STRUCTURES. UM, SO IT, THE ONLY OPTION TO SATISFY ADDITIONAL PARKING WOULD BE TO REDUCE THE NUMBER OF UNITS THAT WE PROVIDE ON SITE. AND THEN THE SECOND QUESTION I HAVE IS, UM, IS THERE LIKE, UM, AN INTERNATIONAL OR, OR, OR A NATIONWIDE, UM, NUMBER FOR THE AVERAGE PARKING SPOTS REQUIRED, SAY FOR SIMILAR FACILITY? UM, YOU KNOW, WE'RE TALKING ABOUT IT BEING THE SIZE OF THE CITY'S RECOMMENDING, RECOMMENDING, BUT FOR THE SPECIFIC USE, IS THERE A, A, A KNOWN NUMBER THAT EVERYBODY ELSE WORKS WITH, YOU KNOW, AND ARE WE ALIGNED WITH THAT NUMBER? UM, I DON'T KNOW. THAT'S A, THAT'S A GREAT QUESTION. I DON'T KNOW IF THERE'S KIND OF A NATIONAL OR, OR EVEN STATEWIDE AVERAGE FOR THAT. UM, IT'S, IT'S VERY SPECIFIC AND A LOT OF TIMES IT COMES INTO DIFFERENT JURISDICTIONAL ZONING REQUIREMENTS. UM, BUT THE, THE REDUCTION WE WERE ABLE TO REDUCE AS PART OF THE I D Z REQUEST, UM, BUT THIS IS THE ONLY OTHER FUNCTION TO, TO GET IT TO THE EXISTING NUMBER. THANK YOU. MM-HMM. . ALL RIGHT. IS THERE ANY OTHER QUESTIONS? IS THERE ANY PUBLIC COMMENTARY CITIZENS SIGN UP TO SPEAK ONE VOICEMAIL? ALL RIGHT, WELL, WE'RE GONNA HEAR A VOICEMAIL AND THEN WE'LL GO TO DELIBERATION. HI, MY NAME IS LETICIA SANCHEZ. MY ADDRESS IS 1710 BEDA CRUZ, ZIP CODE SEVEN EIGHT TWO OH SEVEN, AND MY PHONE NUMBER IS (210) 363-5895. I'M CALLING ON BEHALF OF THE HISTORIC WEST SIDE RESIDENCE ASSOCIATION REGARDING CASE NUMBER BO A DASH 23 DASH 1 0 3 0 0 1 8 7. THE PROPERTIES OF 1601 AND 1615 BUENA VISTA ARE WITHIN OUR ASSOCIATION'S BOUNDARIES, AND OUR ASSOCIATION IS IN SUPPORT OF THE APPLICANT'S REQUEST FOR A 25 PARKING SPACES VARIANCE TO ALLOW 4 21 PARKING SPACES. WE SUPPORT THIS VARIANCE REQUEST FOR TWO REASONS. NUMBER ONE, WE'VE MET WITH A NUMBER OF RESIDENTS OF THE SENIOR COMPLEX, AND THEY'VE STATED THERE, THERE IS NO NEED FOR ADDITIONAL PARKING SPACES. MANY OF THEM DO NOT OWN VEHICLES AND USE PUBLIC TERRA TRANSPORTATION. THEREFORE, ADDITIONAL PARKING SPACES WOULD NOT BE USEFUL. THE SECOND REASON WE SUPPORT THIS VARIANCE IS THAT LARGE PARKING AREAS CONTRIBUTE TO HEAT ISLANDS [00:40:01] WITHIN OUR COMMUNITY. AND AS WE WELL KNOW, OUR CLIMATE WILL CONTINUE TO RISE EVERY YEAR. WE PREFER THAT LESS OF THE LAND ON THE PROPERTY OF 1601 AND 1615 BUENA VISA BE USED FOR PARKING SPACES. SO IT'S NOT TO CONTRIBUTE TO HEAT ISLANDS WITHIN OUR COMMUNITY. THEREFORE, WE ASK THAT THE B O A VOTE TO SUPPORT THIS VARIANCE FROM THE MINIMUM 46 PARKING SPACES TO ALLOW FOR 21 PARKING SPACES. THANK YOU FOR YOUR TIME AND CONSIDERATION. ALL RIGHT. SO IF THERE'S NOTHING ELSE, I'M LOOKING FOR A MOTION LOOKING FOR COMMISSIONER SPIELMAN REGARDING CASE BO O A 23 1 0 3 0 0 187. I MOVED AT THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR 25 PARKING SPACE VARIANCE FROM A MINIMUM 46 SPACE, UH, PARKING SPACES TO ALLOW 21 PARKING SPACES SITUATED AT 4 34 ADAM STREET, A OH, APPLICANT BEING FISH POND LIVING IN BUENA VISTA, LP BECAUSE HIS TESTIMONY PRESENTED TO US. AM I, LET'S SEE. YEAH, YOU'RE OKAY. AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE APPLICANT IS REQUESTING A 25 PARKING SPACES VARIANCE FROM A MINIMUM 46 PARKING SPACES TO ALLOW 21 PARKING SPACES DUE TO THE LIMITED AREA TO ADD PARKING SPACES. THE VARIANCE REQUEST DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST TO DUE TO SPECIAL CONDITIONS. A LITERAL ENFORCEMENT OF THE, UH, ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN HAVING TO ADD ADDITIONAL PARKING SPACES, WHICH RESULT IN AN UNNECESSARY HARDSHIP. AS THERE ARE NO ADDITIONAL AREAS TO DO SO, WE JUST HAVE MEMBERS RECOMMENDED DENIED BY, BY GRING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN SUBSTANTIAL JUSTICE WILL BE DONE. YEAH. I'M JUST LETTING YOU KNOW, UH, THIS IS MR. VASQUEZ, AND I'M, UH, I'M, I'M IN THE MEETING. I, I HEAR ALL THE, THE PROCEEDINGS AND THE, AND THE VIDEO IS PERFECT, AND THE SOUND IS PERFECT. ALL RIGHT. I LET THE RECORD SHOW COMMISSIONER VASQUEZ, UH, DID JOIN DURING ITEM NUMBER FOUR, THE, THERE WE GO. THANK YOU. NUMBER FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OR USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE OB VARIANCE IS LOCATED. NO OTHER VARIANCE, NO OTHER NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. NUMBER FIVE, SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY TO ALTER ITS ESSENTIAL CHARACTER IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THAT THE VARIANCE WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THERE IS NO ADDITIONAL SPACE TO ADD THE ADDITIONAL PARKING SPACES IN THE PROPERTY. NUMBER SIX, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCES SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OR RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THAT THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE SIZE OF THE EXISTING BUILDING IN THE PARKING LOT AREA. SECOND. ALL RIGHT. SECOND BY COMMISSIONER ZUNIGA. COMMISSIONER SPIELMAN. YEAH. DID YOU WANNA PROVIDE ANY, UH, DISCUSSION OR, YES. I'M GONNA BE SUPPORTING THIS MOTION BECAUSE IT SEEMS AS THOUGH, UH, IF WE DON'T, IT'S GONNA BE DIFFICULT FOR THE PEOPLE THAT ARE LIVING THERE NOW, AND SINCE THEY'RE REALLY NOT NEEDING THOSE EXTRA PARKING SPACES ANYWAY, IT'S KIND OF SUPERFLUOUS. ALRIGHT. COMMISSIONER ZUNIGA. YES, I'LL BE VOTING FOR, IT'S A SHAME OUR HISTORICAL USE OF THE BUILDING SINCE THE EIGHTIES, NINETIES, AND IT'S, IT DOES A FAVOR TO THE DISTRICT AS IT IS THERE. THANK YOU. ALL RIGHT. ANY OTHER COMMISSIONERS LIKE TO ADD TO THE DISCUSSION? THE COMMISSIONER'S [00:45:01] ZUNA? YEAH, I TOO, I'M GONNA SUPPORT THE MOTION. UM, AS READ, IT WOULD, THIS WOULD BE CLEAR HARDSHIP IF THE APPLICANT WERE TO COMPLY WITH THE, UH, PARKING REQUIREMENTS AND NOT BEING ABLE TO PROVIDE THE NEEDED HOUSING FOR THE ELDERLY IN OUR COMMUNITY. SO I'M SUPPORTING THE MOTION. ALL RIGHT. ANYBODY ELSE? HEARING NOW? LET'S HAVE A ROLL CALL. VOTE PLEASE. MR. SPIELMAN. I CONCUR. MR. ZIKA. I CONCUR WITH FINANCE. FACT. MR. MANCHACA? I CONCUR. MS. CRUZ. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. ES I CONCUR. MR. ZUNA? I CONCUR. MR. BOEZ? I CONCUR. MR. ORIAN AND I CONCUR. AND MR. VAZQUEZ, MR. VAZQUEZ? I CONCUR. I CONCUR. CAN YOU HEAR ME? GOT IT? YES, WE CAN. THAT'S, UH, 10 TO ZERO. MOTION PASSES. CONGRATULATIONS. ALL RIGHT. UH, NOW WHAT WE'RE GONNA DO AT THIS TIME, BECAUSE WE DON'T HAVE A FULL BOARD, UH, SITTING, UH, AND WE DO HAVE THE POTENTIAL TO HAVE ONE MORE MEMBER, UH, SHOW UP. WE'RE GONNA MOVE TO ITEM 10 AND THEN 11 AS THEY HAVE RECEIVED, UH, STAFF APPROVAL, UH, WITH, UH, LIMITED OR IF NO OPPOSITION. SO FOR THE APPLICANT FOR ITEM NUMBER 10, IF, IF YOU'RE PRESENT, THAT'S, UH, ITEM 10 IS THE AT 1 35 WILMOTT STREET. ALL RIGHT. SO STAFF, IF WE CAN, UH, START WITH 10, PLEASE. OKAY. GIVE US ONE SECOND TO GET COMMISSIONER VAZQUEZ ON THE SCREEN. ALSO, I AM ON THE, I AM ON THE SCREEN. CAN YOU HEAR ME? I CAN SEE YOU GUYS. YEAH, WE CAN HEAR YOU, SIR. UM, YOU'RE GOOD. Y YOU'RE, YOU CAN, UH, JUST STAY ONLINE. WE'RE JUST TRYING TO GET YOU ON OUR END. YOU CAN SEE US, BUT WE CAN'T SEE YOU QUITE YET, SO JUST GIVE US A MOMENT. VERY WELL, THANK YOU. OKAY, BO OH EIGHT DASH TWO THREE DASH 1 0 3 0 0 1 98. ADDRESS IS 1 3 5 WILMONT STREET IN THE CITY COUNCIL DISTRICT FIVE APPLICANT BEING ORA TRAVINO. AND THE REQUEST IS FOR A 1,125 FOOT SQUARE FOOT VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT LARGE SIZE REQUIREMENT TO ALLOW A DEVELOPMENT ON A 2,875 SQUARE FOOT. LOT TO A ONE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE FOUR FEET FROM THE SIDE. UH, THREE, A 10 FOOT VARIANCE FROM THE MINIMUM 35 FOOT LOT WIDTH REQUIREMENT TO ALLOW A LOT TO BE 25 FEET. AND FOUR, A VARIANCE FROM THE MAXIMUM 50% IMPERVIOUS COVER TO ALLOW THE FRONT YARD TO EXCEED THE MAXIMUM 50%. AND THE CURRENT ZONING IS R FOUR. THE SUBJECT PROPERTY IS LOCATED ALONG WILMONT STREET, NEAR WEST COMMERCE STREET. UH, THE APPLICANT IS PROPOSING TO CONSTRUCT A SINGLE FAMILY DWELLING ON A CURRENTLY VACANT LOT, UM, LOT, AND BUILDING REGULATIONS FOR AN R FOUR ZONE. LOT INCLUDE A MINIMUM LOT SIZE OF 4,000 SQUARE FEET LOT WITH A 35 FEET AND FIVE FEET FROM THE SIDE PROPERTY LINES. CURRENTLY THE APPLICANT IS PROPOSING A LOT SIZE OF 2000 800 875 SQUARE FEET, A LOT WITH A 25 FEET AND THE STRUCTURE TO BE FOUR FEET FROM BOTH SIDE PROPERTY LINES. UM, UPON REVIEW, IT WAS NOTED THAT THE APPLICANT WOULD NEED TO OBTAIN AN ADDITIONAL VARIANCE FOR THE IMPERVIOUS COVERAGE FOR THE PLANNED DRIVEWAY. ANY NEW DEVELOPMENT THAT EXCEEDS THE MAXIMUM 50% OF IMPERVIOUS COVERAGE MUST OBTAIN A VARIANCE. AND THIS IS THE SITE PLAN, AND THIS IS THE SUBJECT PROPERTY AND THIS IS THE SURROUNDING AREA. UH, STAFF RECOMMENDATION FOR THE LOT SIZE, LOT WITH SIDE SETBACK AND IMPERVIOUS COVERAGE. UH, STAFF RECOMMENDS APPROVAL AND BO O A DASH TWO THREE DASH 1 0 3, UH, 0 0 1 9 8 BASED ON THE FOLLOWING, ONE, THE, THE DEVELOPMENT OF A SINGLE FAMILY HOME CANNOT BE SUCCESSFULLY COMPLETED WITHOUT THE GRANTING OF ALL VARIANCES. AND, UH, TWO, THE REQUEST WOULD NOT DIRECTLY INTERFERE WITH THE NEIGHBORHOOD FABRIC AND WON'T DETRACT FROM THE CHARACTER OF THE COMMUNITY. AND THIS IS THE NOTIFICATION PLAN. STAFF MAILED OUT 31 NOTICES, UH, ZERO RETURN IN FAVOR, SEVEN IN OPPOSITION WITH SEVEN OUTSIDE THE 200 FEET. AND, UH, PROSPECT HALE NEIGHBORHOOD ASSOCIATION IS IN SUPPORT OF THEIR REQUEST, AND THIS IS THE PUBLIC COMMENT FROM INSIDE THE 200 FEET. AND THIS IS THE PUBLIC COMMENT FROM OUTSIDE THE 200 FEET. AND, UH, THIS CONCLUDES STAFF'S PRESENTATION. AND THE APPLICANT IS PRESENT? YES. ALL RIGHT. THANK YOU. IS THERE ANY COMMISSIONER QUESTIONS FOR STAFF? YES, SIR. YEAH, ZUNIGA, UH, YOU MENTIONED A ZONING. IF WE DON'T, UH, GIVE HIM THE VARIANCE, THEN HE WOULD HAVE TO GO TO ZONING. UH, CORRECT. YES SIR. HE WOULD NEED TO REZONE EITHER TO I D Z OR AN R TWO. THANK YOU. ANY OTHER QUESTIONS FOR STAFF? [00:50:01] UH, HEARING NONE IS HAVE THE APPLICANT COME UP. HI, MY NAME'S. YOU MIGHT HAVE TO DROP THAT. SORRY. IT'S OKAY. HI, MY NAME'S, I'M THE OWNER OF THAT PROPERTY, SO I A I REQUESTED ZONING FOR R TWO AND THEY TOLD ME THAT UNFORTUNATELY THAT WOULDN'T BE AN OPTION BECAUSE IT WOULD BE A TWO STORY HOME. SO R TWO DOES NOT PERMIT FOR TWO STORY HOMES, AND THAT'S WHAT WE OPT OPTED FOR A B O A. THEY RE THEY TOLD ME THAT A B O A WOULD BE BETTER THAN AN R TWO REQUEST. OKAY. AND DID YOU LOOK INTO I D Z? DID THEY, DID THAT COME UP? THAT WASN'T RECOMMENDED BY STAFF, SO . OKAY. THEY RECOMMENDED THE B O A, SO THAT'S HOW WE WENT WITH. ALRIGHT. IS IT, UM, ANY OTHER INFORMATION YOU'D LIKE TO LET US KNOW ABOUT? WELL, NO, I MEAN, WE'RE JUST TRYING TO BUILD, OTHERWISE IT WOULD JUST BE AN EMPTY LOT. WE'RE TRYING TO BUILD A SMALL HOME, UM, IN THAT PROPERTY. I UNDERSTAND. IS THERE ANY, UH, QUESTIONS FROM THE COMMISSION, CRUZ COMMISSIONER CRUZ? UH, YES MA'AM. DO YOU KNOW HOW LONG THE LOT'S BEEN EMPTY? UM, I, BECAUSE THERE WAS A HOME THERE BEFORE, CORRECT? AS FAR AS YOU KNOW, UH, I WOULDN'T, I WOULDN'T KNOW. I BOUGHT THIS PROPERTY MAYBE, UH, THREE OR FOUR YEARS AGO AND IT'S BEEN EMPTY EVER SINCE. THERE'S NOTHING THERE AT ALL. YEAH, I KNOW. THERE'S NOTHING THERE. YEAH. BUT I THOUGHT THAT THERE USED TO BE SOMETHING THERE, BUT I CAN'T REMEMBER WHAT IT WAS BEFORE. OKAY. THANK YOU. COMMISSIONER MANNA. SO, SO ONE OF THE, UM, AS WAS BROUGHT UP EARLIER WITH REGARDS TO THE HEAT ISLANDS AND ABOUT THAT WITH REGARDS TO THE DRIVEWAY AND 50%, UH, IMPERVIOUS COVER. SO, SO THERE ARE OTHER OPTIONS THAT ARE AVAILABLE. AND SO ONE OF 'EM, UH, LIKE A RIBBON PARKING WHERE BASICALLY IT, IT FOLLOWS THE TRACKS OF THE TIRES THEMSELVES MM-HMM. . AND SO, SO THAT WAY THERE'S MORE GRASS OR, OR PERVIOUS, UM, YEAH. PERVIOUS WITH REGARDS TO ALLOWING THE WATER TO SOAK IN. AND SO WE CAN DO THAT. SO IS, IS THAT AN OPTION FOR YOU ALL? YEAH, WE CAN DO THAT. OKAY. FOR THE FRONT, UH, WHERE THE DRIVER WOULD BE, WE CAN DEFINITELY DO THAT. OKAY. YEAH. 'CAUSE UM, CAN THE CITY COMMENT, YOU KNOW, IF, IF THAT WAS, UM, WE'LL SAY, UH, FOLLOWED BY THE, UH, APPLICANT THAT WE'D BE MUCH CLOSER OR ACCOMPLISH THE 50%, UM, PREVIOUS COVER? I BELIEVE IT WAS A RECOMMENDATION THAT WE HAD MADE INITIALLY TO THE APPLICANT SO THEY COULD AVOID THE 50%. UH, ANY OTHER COMMISSIONER QUESTIONS? COMMISSIONER MINKA ALLOWING MR. MANUS QUESTION WAS THAT, I ASSUME YOU HAVE A PLAN ALREADY WHAT THE HOUSE LOOKS LIKE? MM-HMM. . SO YOU HAD PLANNED A DRIVEWAY AND THAT'S WHY I MUST CONCERNED BECAUSE YOU USED THE WORD EXCEED 50%, IT COULD GO ALL THE WAY DOWN TO 1%. SO YOU UNDERSTOOD WHAT HE WAS SAYING IN TERMS OF YES, UHHUH, , THE RIBBON OF THE DRIVEWAY, JUST MAKING THE TWO TRACKS. YEAH. YEAH, WE CAN DEFINITELY DO THAT. OKAY. JUST SUGGESTION. THAT'S ALL I'M MM-HMM. , IT'S IT. THANK YOU. IT'S A ONE CAR DRIVEWAY, SO WE CAN DEFINITELY ACCOMMODATE FOR JUST THE TRACKS IN THE FRONT. THANK YOU. OKAY. UH, ANY OTHER COMMISSIONERS? UNA COMMISSIONER UNA? UH, SO ON THE MAP THAT THE CITY SHOW, THERE WERE A NUMBER OF NEIGHBORS THAT WERE IN OPPOSITION TO WHAT YOU'RE PROPOSING. DID YOU HAVE A CHANCE TO TALK WITH THEM OR DO YOU KNOW WHAT THE GENESIS OF WHAT THEIR OPPOSITION IS TO THE NO. SO APPARENTLY THOSE WERE SENT OUT FRIDAY NIGHT , SO I HAVE NOT, I WAS NOT NOTIFIED UNTIL THIS MORNING THAT THERE WAS OPPOSITION. OKAY. THANK YOU. AND SO I HAVE A QUICK QUESTION. SO JUST TO BE CLEAR, ON THE 50% PREVIOUS COVER, IF YOU DO A RIBBON STYLE DRIVE, UH, THAT, THAT WOULD ALLEVIATE THAT ITEM ALTOGETHER, CORRECT? CORRECT. ALRIGHT. ANY OTHER LAST, LAST MINUTE COMMENTS, QUESTIONS? NO. ALL RIGHT. UH, THANK YOU VERY MUCH. WE'RE GONNA GO, GO AHEAD AND ASK FOR A MOTION AND SEE WHAT HAPPENS. OKAY. THANK YOU SIR. COMMISSIONER MANO? SURE. . SO REGARDING CASE NUMBER BO 8 2 3 1 0 3 0 1 9 8, I MOVED AT THE BOARD OF ADJUSTMENT GRANTOR A REQUEST FOR ONE A 1,125 SQUARE FOOT VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT LOT SIZE TO ALLOW DEVELOPMENT OF A 2,875, UH, SQUARE FOOT LOT TWO, A ONE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW STRUCTURE TO BE FOUR FOOT FROM THE SIDE PROPERTY LINES. UM, AND THREE, A 10 FOOT VARIANCE FROM THE MINIMUM 35 FOOT LOT WIDTH REQUIREMENT TO ALLOW A LOT TO BE 25 FEET. UH, LET'S SEE, UH, SITUATED AT 1 3 5 WILMONT STREET, APPLICANT BEING ULFA TREVINO, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LAW ENFORCEMENT OF THE PROVISIONS OF THE E D C AS EMITTED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THE PUBLIC INTEREST IS FINE TO THE GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST IS SERVED BY MINIMUM LOT SIZES AND WIDTHS TO PREVENT THE OVERCROWDING AVAILMENT IN SMALLER LOTS SETBACK REQUIREMENTS TO PROVIDE SPACE IN BETWEEN STRUCTURES, UH, THE APPLICANT IS REQUESTING A VARIANT TO DEVIATE FROM THESE MINIMUM REQUIREMENTS, WHICH ARE DEMONSTRATED TO NOT BE CONTRARY TO THE PUBLIC INTEREST. A 1,125 SQUARE FOOT VARIANCE TO ALLOW A LOT TO BE 2,875 [00:55:01] FEET AND A 10 FOOT VARIANCE TO ALLOW A LOT WIDTH TO BE 25 FOOT PROVIDES FOR THE DEVELOPMENT OF A VACANT LOT. UM, FURTHER, A ONE FOOT VARIANCE TO ALLOW THE FOUR FOOT SIDE SETBACK ALLOWS FOR SUITABLE SPACING, STRUCTURES AND SPACE FOR ROUTINE MAINTENANCE. TWO, DUE TO SPECIAL CONDITIONS, THERE ARE LITTLE ENFORCEMENT, UH, UM, OF OTHER ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. UH, IN THIS CASE, THE, THE LOT DIMENSIONS OF THE SUBJECT PROPERTY ARE THE SPECIAL CONDITIONS. PER THE BEXAR COUNTY APPRAISAL DISTRICT. THE NARROW LOT HAS A WIDTH OF 115 FEET WIDTH OF 25 FEET, AND IS 2,875 SQUARE FEET. THE DEVELOPMENT OF A SINGLE, SINGLE FAMILY HOME CANNOT BE SUCCESSFULLY COMPLETED WITHOUT THE GRANTING OF ALL VARIANCES. AN UNNECESSARY HARDSHIP WILL BE PRESENTED BY HAVING THE APPLICANT ALTER CONSTRUCTION PLANS, WHICH COULD DRASTICALLY REDUCE SQUARE FOOTAGE OF THE DWELLING OR LEAD TO THE STRUCTURE POTENTIALLY IMPOSING ON THE FRONT AND REAR SETBACKS. ANOTHER, UH, EXPEDITIONAL CONDITION OF THE AREA IS THE USE ACROSS THE STREET. UPON SITE FIT ESTABL OBSERVED RESTAURANT DIRECTLY ACROSS THE STREET, WHICH MAY CAUSE THE TRAFFIC FROM THAT ESTABLISHMENT TO FILTER ONTO WALMART STREET. UH, IF THE APPLICANT, UM, LET'S SEE, UM, I GUESS WE'LL BE FORCED TO PARK. UH, THEY, WE DON'T WANNA PARK IN THE, IN THE, UH, RIGHT OF WAY. SO, UH, WHICH WOULD LEAD TO AN UPTICK IN TRAFFIC ALONG THE LOCAL ROAD. THREE, BY GRANTING THE VARIANCE, THE SPEAR OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPEAR OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. IN THIS CASE, THE INTENT OF THE CODE IS TO PREVENT OVERCROWDING THE SMALLER LOTS, PROVIDE CONSISTENT PATTERNS OF DEVELOPMENT, UM, AND PREVENTION OF VEHICLES FROM INSTRUCTING THE RIGHT OF WAY, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS THE APPLICANT WILL BE ABIDING BY ALL OTHER BUILDING REQUIREMENTS. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH HIS 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 HIS PROPERTY IS LOCATED. IF GRANTED, THE STRUCTURE WILL HAVE THE DEVIATED BUILDING, UH, REQUIREMENTS. THESE VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT. UPON SITE VISIT STATS OBSERVED THE BLOCK FACE WAS COMPOSED OF ONE STORY, SINGLE FAMILY DWELLINGS ALL CONSTRUCTED ON SIMILAR LOT SIZES WITH REDUCED WIDTHS. MOST OF THE HOMES IN THIS AREA WERE CONSTRUCTED PRIOR TO BUIL CURRENT BUILDING REGULATIONS. SO THE REQUEST WILL NOT DIRECTLY INTERFERE WITH THE PUBLIC'S FABRIC AND WON'T DETRACT FROM THE CHARACTER OF THE COMMUNITY. SIX, APPLY TO THE PROPERTY OWNER FOR WHICH THIS VARIANCE IS 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. AND DISTRICT, WHICH IS PROPERTY IS LOCATED. STAFF LINES APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS LOT DIMENSIONS OF THE PROPERTY AND OF MOTION. SECOND BY COMMISSIONER UNI, THAT COMMISSIONER MAY. SO, SO, YOU KNOW, WE TALK ABOUT, UM, HOUSING STOCK AND I THINK, YOU KNOW, AS WE LOOK THROUGH THE COMMUNITIES, WE SEE THAT THESE TYPES OF DEVELOPMENTS ARE, UH, ARE, ARE NEEDED. AND, AND IT LOOKS LIKE WE'RE DOING A GOOD JOB HERE WITH REGARDS TO, UH, WHAT'S GOING TO BE PLANNED. AND I THINK, UH, SINCE THE, UH, SINCE WE HAD DISCUSSIONS WITH REGARDS TO, YOU KNOW, REDO, RE-LOOKING AT THAT DRIVEWAY, UH, AND, AND ENSURING THAT WE HAD THE, THE, UH, PREVIOUS COVER IN THE FRONT YARD, I'LL BE SUPPORTING THIS MOTION, UH, AS OMITTED COMMISSIONER ZUNIGA, IT'S READ. ALRIGHT, THANK YOU. ANY OTHER COMMISSIONERS LIKE TO ADD? UH, SO WE'RE, WE'RE, IT'S, IT'S AS, UH, AS READ WITH, WITH STRIKING ITEM FOUR. CORRECT. ALRIGHT, SO LET'S HAVE A ROLL CALL VOTE PLEASE. MR. MANO, I CONCUR WITH THE FINDINGS OF FACT. MR. ZIKA. I CONCUR WITH THE FINANCES OF FACT. MR. SPIELMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MANCHACA. I CONCUR. MS. CRUZ I CONCUR. MS. BENAVIDEZ I CONCUR. MR. OZUNA I CONCUR. MR. VASQUEZ. I CONCUR. MR. EZ I CONCUR. MR. DORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. 10 TO ZERO. CONGRATULATIONS. IF YOU HAVE ANY, UH, QUESTIONS, YOU CAN, UH, GO TALK TO STAFF. ALL RIGHT. ITEM 11, PLEASE. UH, THIS IS LOCATED AT 1319 FLANDERS AVENUE. GOOD AFTERNOON, BO 8 23 1 0 3 0 0 200. ADDRESS IS 1319 FLANDERS AVENUE COUNCIL DISTRICT FIVE APPLICANT IS SALVADOR GARCIA. A REQUEST FOR ONE, A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN ATTACHED CARPORT TO BE TWO FEET FROM THE SIDE PROPERTY LINE AND TWO, A SEVEN FOOT 10 INCH VARIANCE FROM THE MINIMUM 15 FOOT DRIVEWAY. CLEAR VISION TO ALLOW A SEVEN FOOT, TWO INCH DRIVEWAY CLEAR VISION AND THREE, A ONE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT FENCE HEIGHT TO ALLOW A SIX FOOT PREDOMINANTLY OPEN FENCE IN THE FRONT PROPERTY LINE. THE ZONING IS R FOUR RESIDENTIAL SINGLE FAMILY [01:00:01] CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED ON FLANDERS AVENUE LOCATED BETWEEN HURON STREET AND LEONARD STREET. THE APPLICANT IS REQUESTING A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ATTACHED CARPORT TO BE TWO FEET FROM THE SIDE PROPERTY LINE. THERE WAS A BUILDING WITHOUT PERMIT ISSUED BY CO COMPLIANCE FOR THE CARPORT BEING CONSTRUCTED PRIOR TO THE ISSUANCE OF A PERMIT. THE APPLICANT IS ALSO REQUESTING A SPECIAL EXCEPTION TO A SIX FOOT, PREDOMINANTLY OPEN FENCE IN THE FRONT PROPERTY LINE. ADDITIONALLY, THE APPLICANT IS REQUESTING A SEVEN FOOT 10 INCH VARIANCE TO ALLOW THE EXISTING FENCE TO HAVE A CLEAR VISION OF SEVEN FOOT TWO INCHES FROM THE DRIVEWAY. THIS IS THE SITE PLAN SHOWING THE DIFFERENT VARIANCES, UH, REQUESTED AND YOUR SUBJECT PROPERTY. THIS IS A SIDE SETBACK AND THIS IS A PICTURE SHOWING THE STRUCTURE ATTACHED TO THE MAIN STRUCTURE AND YOUR CLEAR VISION AND THE FENCE HEIGHT. AND, UH, THIS IS YOUR SURROUNDING AREA. SURROUNDING AREA STAFF RECOMMENDATION, CARPORT, SIDE SETBACK, AND CLEAR VISION VARIANCE. STAFF RECOMMENDS APPROVAL M B O 8 23 1 0 3 0 0 200 BASED ON THE FOLLOWING FINDINGS. THE PREDOMINANTLY OPEN FENCE DOES NOT IMPEDE VEHICLES FROM ENTERING OR EXITING THE PROPERTY. THE FENCE LINE IS ESTABLISHED IN THE AREA IN ITS CURRENT POSITION AND WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. AND THREE, THE CARPORT LEAVES ENOUGH ROOM FROM THE PROPERTY LINE AND REDUCTION REDUCED AREA TO ENTER AN EXIT VEHICLE. STAFF RECOMMENDATION F HEIGHTS SPECIAL EXCEPTION STAFF RECOMMENDS APPROVAL AND BO 8 23 1 0 3 0 0 200 BASED ON THE FOLLOWING FINDINGS. DEFENSE WILL AL WILL NOT ALTER THE CHARACTER OF THE DISTRICT AND REQUEST WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT NOTIFICATION PLAN. UH, 32 NOTICES WERE MAILED OUT. ZERO IN FAVOR, ZERO IN OPPOSITION. AND THE SUBJECT PROPERTY IS NOT LOCATED WITHIN A NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES, THAT'S PRESENTATION AND APPLICANT IS AVAILABLE AND WE'LL NEED A SPANISH INTERPRETER. WELL BEFORE YOU GO, UH, IT, I KNOW YOU HAVE A SEVEN A SIX FOOT MEASUREMENT TO THE TOP OF THE, OF THE POST. UH, BUT THE GATE THAT'S TO THE, TO THE RIGHT OF THE POST LOOKS LIKE IT GOES A LITTLE HIGHER THAN THAT. UH, HOW DOES THAT POSE WITH, UH, THE VARIANCE ONLY REQUESTING SIX FEET? THE, IN THIS PICTURE? THE GATE, YEAH, IF YOU GO, UM, THE PICTURE WHERE YOU CAN SEE THE, THE DEVELOPMENT SERVES CAR PARKED RIGHT IN FRONT. THAT, THAT ONE RIGHT THERE. IT LOOKS LIKE THE GATE ARCS UP ABOVE THE POST. AND I DI I JUST WANTED TO MAKE SURE THAT WASN'T GONNA POST CONFLICT WITH IT'S, IT'S WITHIN SIX INCHES. YOU TALKING ABOUT THE, THE BUBBLE UP THING. SO WE'LL BE OKAY. MM-HMM. YES, I'D BE ALL RIGHT. JUST WANTED TO MAKE SURE. MANANA, UH, COMMISSIONER ZUNIGA, THE NANA ON THE, ATTACHED TO THE MAIN STRUCTURE. IS THAT A LIVE WIRE? I BELIEVE THAT WAS LIKE MAYBE A, A, SOME TYPE OF DATA WIRE. NOTHING TO BE CONCERNED ABOUT. YES, I'M CONCERNED ABOUT THE YELLOW. OH, YELLOW. IT'S COMING NOW IT SLIDES. THAT LOOKS LIKE, UH, THE NIGHT BEFORE THAT MAYBE THEY'RE GONNA PUT, UH, LIGHTS UNDER THAT, UH, CARPORT RIGHT THERE. IF YOU SEE ABOVE IT, THEY HAVE, IT DID NOT FROM WHAT I, WHEN WE WERE THERE, I DIDN'T SEE IT. NO, I DIDN'T SEE IT CONNECTED. THANK YOU. YES, SIR. COMMISSIONER MANUS BETH. SO I WAS, YOU KNOW, TRYING TO IDENTIFY ON GOOGLE MAPS, UH, THE, THE ACTUAL PROPERTY ITSELF. AND I I GOT CONFUSED A LITTLE BIT. CAN YOU BRING UP GOOGLE MAPS FOR A SECOND HERE? AND I JUST WANNA VERIFY HOW MANY STRUCTURES ON THAT PROPERTY. AND SO , SO IT'S THE OPEN LOT IS WHAT IS THE LOT, IS WHAT IS THAT WE'RE TALKING ABOUT THEN? WHICH, SO I BELIEVE WE'RE TALKING ABOUT THE CURRENT STRUCTURE THERE. OKAY. SO I JUST WANNA MAKE SURE. SO I GOT CONFUSED WITH THE BUILDING NEXT DOOR AND SO, OKAY. THANK YOU. ALL RIGHT. AND COMMISSIONER MANCHACA. SORRY, SIR. YES. YES, SIR. UH, DID THE HOMEOWNER BUILD THIS HIMSELF SINCE, UH, BUILT WITHOUT PERMIT? RIGHT? I I BELIEVE HE HIRED A CONTRACTOR, UH, MARCO? I KNOW THIS, THIS CUSTOMER'S, THE APPLICANT'S SPANISH SPEAKER. DO YOU KNOW THE CONTRACTOR BUILT THIS? I'M NOT SURE THAT'D BE A QUESTION FOR THE APPLICANT. HA HAS THE APPLICANT COME TO THE PODIUM YET? MAYBE WE SHOULD ASK THE YEAH. WE APPLICANT TO COME TO THE PODIUM AND THEN, UH, WE'LL NEED A SPANISH INTERPRETER AS WELL. AND THEN ONE MORE QUESTION BEFORE [01:05:01] YOU GO. UH, THIS, THIS, THERE IS A PERMIT APPLIED FOR CURRENTLY ? NO, JUST THE BUILDING WITHOUT PERMIT. ALL RIGHT, THANK YOU. YES. ALL RIGHT. COME ON. JUST LET US KNOW YOUR NAME AND TELL US ABOUT YOUR CASE. FIRST OF ALL, GOOD AFTERNOON. AND THE INTERPRETER STATES THAT THE APPLICANT SUBMITTED THREE LETTERS IN SUPPORT OF HIS, UH, PROJECT. OKAY. SALVA GARCIA PARA, MY NAME IS ALVA GARCIA PARA. OKAY. AND, AND CAN YOU GIVE THOSE LETTERS TO STAFF? THEY CAN PROJECT SOME OF THEM UP FOR US. PLEASE CONTINUE, SIR. FIRST OF ALL, I DIDN'T KNOW THAT I NEEDED A PERMIT TO BUILD THE ROOF, OKAY? MM-HMM. AND I DIDN'T BUILD THAT FOR CARS. IT IS FOR MY DOG THAT HE NEEDS SHADE OKAY. AND IS TWO FEET AWAY FROM THE NEIGHBOR PROPERTY. OKAY. AND MY DAY, MY NEIGHBOR DOESN'T HAVE ANY PROBLEM WITH THAT BECAUSE THE WATER IS GOING TO FLOW IN THE ALLEY AND IN MY PROPERTY. OKAY? YEAH. AND IN CASE THERE IS A PROBLEM, I'M GOING TO USE THE GUTTERS. OKAY? BECAUSE IF YOU ASK ME TO REDUCE THE, UH, SIZE OF THE ROOF, MY CARS WON'T HAVE ENOUGH SPACE TO BE PARKED IN THERE. OKAY? AND THAT'S IT. WELL, WE'RE GONNA, UH, PROBABLY HAVE SOME QUESTIONS. UH, IS THERE ANY COMMISSIONERS THAT HAVE A QUESTION FOR THE APPLICANT? BRUCE? MR. CRUZ? GOOD. OKAY. ASK HIM. UM, I, I CAN SEE THE CARPORT NOW. IS HE GOING TO COVER IT? AND HE NEVER ANSWERED THE QUESTION OF WAS IT HIMSELF OR A CONTRACTOR? IT WAS A FRIEND. OKAY. THANK YOU. UH, COMMISSIONER MACHACA? YES. UH, THE HOUSE IS BRAND NEW, ISN'T IT? IT IS NEW. WHAT IS THE FOUNDATION OF THE HOUSE? IT'S CONCRETE. IT IS NOT PEER BEAM. OKAY. NO. OKAY. 'CAUSE I WAS CONCERNED BY THE ADDITIONAL WEIGHT HE ADDED BY ATTACHING THE CARPORT TO IT. THAT'S WHY IT COULD AFFECT IT. I DON'T KNOW. DEPENDING ON THE FOUNDATION. THAT'S WHY I WAS ASKING. I REALLY DON'T KNOW IF IT IS GOING TO BE AFFECTED. OKAY. SO I I HAVE A QUE MR. CHAIRMAN? YES. COMMISSIONER ZUNIGA. DO WE HAVE A, A PICTURE OF THE COLLINS SUPPORTING? OH, NO, WE DON'T, BUT I'LL ASK . OKAY. YEAH. OKAY. UM, IS, DO YOU HAVE ANY, UM, UH, MORE DETAILED PLANS ABOUT, ABOUT HOW THIS WILL BE CONSTRUCTED? I'M NOT SURE IF I HAVE THEM WITH ME. OKAY. UH, WELL, WELL, ONE OF THE QUESTIONS I HAVE IS, UM, GOOGLE MAPS AND THE CITY'S PICTURES. IT LOOKS LIKE THE WHOLE FRONT SIDEWALK WAS REDONE RECENTLY. THE SIDEWALK WAS THERE WHEN I GOT THE HOUSE, WHEN I BOUGHT IT. OKAY. FROM THE STREET TO THE HOUSE. IT WAS DONE BEFORE I BOUGHT THE HOUSE. [01:10:02] OKAY. WHAT ABOUT THE, UM, THE, THE, THE BUILDINGS ON YOUR NEIGHBOR'S PROPERTY? HOW CLOSE ARE THEY? ARE YOU TALKING THE SPACE IN BETWEEN? WELL, WHEN I'M TRYING TO FIND OUT, UM, ARE THERE OTHER STRUCTURES THAT ARE REALLY CLOSE TO THE CARPORT? ONLY MY NEIGHBOR. OKAY. AND IS, AND, AND DO YOU KNOW HOW CLOSE CAN YOU GUESS? IT'S VERY CLOSE TOGETHER. OKAY. I MEAN, LESS THAN A FOOT. IT'S LIKE ONE FOOT. OKAY. AND THE, THE FENCING THAT GOES BETWEEN YOUR HOME AND YOUR NEIGHBOR, IS IT METAL OR WOOD? THE FENCE, THE REQUIREMENT? UH, SAY A FOOT. NO. NO. IS IT METAL OR WOOD? MY NEIGHBORS IS ME. OKAY. ALL RIGHT. UM, ANY OTHER COMMISSIONER, QUESTIONS? COMMISSIONER? I'M JUST TRYING TO ORIENT MYSELF ON GOOGLE IS THE ADDRESS RIGHT? IT LOOKS VERY DIFFERENT. YES. 3 1 9 MANA. IS IT 3 1 9 OR 1319? 1 3 1 9. OKAY. 1319 MANNA? YES. COMMISSIONER MANNA. SO IT DOES APPEAR, IF I LOOK AT THE PICTURE, IF YOU GO BACK AND IT'S THE FRONT YARD, IT LOOKS LIKE BOTH THE HOUSE ON THE LEFT AND THE RIGHT ARE ALSO NEW. IS THAT TRUE? YES. THERE ARE NEW. THEY ARE NEW. OKAY. YEAH. SO IT LOOKS LIKE ALL ROW HAD BEEN RECONSTRUCTED, UM, YOU KNOW, SINCE, I GUESS SINCE GOOGLE WENT BY. YEAH. IT'S VERY DIFFERENT LOOKING THAN THE HISTORIC MAPS. ARE THERE ANY OTHER QUESTIONS? I, AND IS, IS THERE ANYTHING ELSE THE APPLICANT WOULD LIKE TO TELL US BEFORE WE DELIBERATE? NO, THAT'S IT. ALL RIGHT. THANK YOU VERY MUCH. UH, STAFF, IS THERE ANY VOICEMAILS OR PUBLIC? NO. PUBLIC COMMENT. ALL RIGHT. I'M LOOKING FOR A MOTION CRUZ, MR. CRUZ, REGARDING CASE NUMBER BO A 23 103 0 0 2 0 0. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A ONE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT FENCE HIGH TO ALLOW A SIX FOOT PROMINENTLY OPEN FENCE AND THE PRO FRONT PROPERTY LINE SITUATED AT 1 3 1 9, UH, FLANDERS AVENUE APPLICANT BEING SALVADOR GARCIA. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISION, SO THE U D C ESTIMATED WILL RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSES OF CHAPTER. THE U D C STATES. THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR THE FENCE HEIGHT MODIFICATION, FENCE HEIGHT BEING REQUESTED IS PROMINENTLY OPEN LOCATED IN THE FRONT PROPERTY LINE. IF GRANTED STAFF FINDS THE REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE. B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THESE CRITERIA REPRESENTED BY FENCE HEIGHTS TO PROTECT PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY. THE PROPOSED FENCE BEING REQUESTED WILL BE LOCATED ALONG THE FRONT PROPERTY LINE AND IS EXCEEDING THE MAXIMUM HEIGHT REQUIREMENT BY ONE FOOT. THE PRIVACY AND PROVIDE PREDOMINANTLY OPEN FENCE STILL SERVE THE PUBLIC WELFARE AND CONVENIENCE. SEE, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE FENCE WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT AND ADJACENT PROPERTIES. THESE, A SPECIAL EXCEPTION, WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IN WHICH, FOR THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE ADDITIONAL FENCE HIGH LOCATED IN THE FRONT PROPERTY LINE OF THE SUBJECT PROPERTY APPEARED TO NOT ALTER THE CHARACTER OF THE DISTRICT. AS THERE ARE OTHER FENCES IN THIS TYPE IN THE AREA, EASE, A SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE [01:15:01] OF THE DIS DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. THEY REQUESTED SPECIAL EXCEPTION, WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. THEY REQUESTED SPECIAL EXCEPTION, WILL NOT WEAKEN THE USE OF SINGLE FAMILY DWELLING. END OF MOTION. SECOND. SECOND BY COMMISSIONER MANNA. COMMISSIONER CRUZ. I DON'T SEE A PROBLEM, UH, WITH DISPENSE. AND, UH, I, SINCE IT'S ALREADY BEEN UP FOR A WHILE AND NONE OF THE NEIGHBORS ARE COMPLAINING, I, I WOULD SAY WE CAN GO AHEAD AND GRANT IT. THANK YOU MR. MANN. UM, I AGREE WITH MY FELLOW COMMISSIONER AND YOU KNOW, I THINK TAKE A LOOK AT WHAT WAS PREVIOUSLY THERE VERSUS THE PICTURES THAT ARE THERE. JUST LOOKS LIKE A WONDERFUL COMMUNITY THAT, THAT, YOU KNOW, JUST LOOKS WONDERFUL. SO, SO, SO, UM, THAT'S GOOD. THANK YOU VERY MUCH. THANK YOU. ANY OTHER COMMISSIONERS LIKE TO ADD HEARING NONE UNLESS I HAVE A ROLL CALL VOTE PLEASE. MS. CRUZ. I CONCUR. MR. MANO. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MANCHACA. I CONCUR. MR. ZIKA CONCUR WITH THE FINDINGS OF FACT. MS. BENAVIDEZ I CONCUR. MR. ZUNA I CONCUR. MR. VASQUEZ. I CONCUR. MR. BONILLA. I CONCUR. MR. ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. UH, NOW A MOTION FOR THE VARIANCES. COMMISSIONER CRUZ REGARDING CASE NUMBER BO A 23 103 0 0 2 0 0. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR 1 8 3 FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN ATTACHED CARPORT TO BE TWO FEET FROM THE SIDE PROPERTY LINE TO A SEVEN FOOT 10 INCH VARIANCE FROM THE MINIMUM 15 FOOT DRIVEWAY. CLEAR VISION TO ALLOW A SEVEN FOOT, TWO INCH DRIVEWAY CLEAR VISION SITUATED AT 1 3 1 9 FLANDERS AVENUE. APPLICANT BEING SALVADOR GARCIA. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF, OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISION, SO THE U D C AS AMENDED WOULD RESULT IN A UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE APPLICANT IS REQUESTING A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK AND A SEVEN FOOT 10 INCH VARIANCE FROM THE MINIMUM 15 FEET CLEAR VISION REQUIREMENT TO ALLOW A FENCE TO BE SEVEN FEET, TWO INCHES FROM THE FRONT DRIVEWAY. IN THIS CASE, THE PREDOMINANTLY OPEN FENCE TO SIDING PEAK VEHICLES FROM ENTERING OR EXITING THE PROPERTY. ALSO, THE TWO FOOT SIDE SETBACK. WE'LL HAVE TO FOLLOW ALL PERMITTING REQUIREMENTS AND LEASE ROOM FOR MAINTENANCE. STAFF FINDS THAT THIS REQUEST IS NOT CONTRARY AS ITS DISTANCE DOES NOT PROPOSE ANY SAFETY ISSUES. TWO, DUE TO SPECIAL CONDITIONS, LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT ALTERING THE CARDBOARD TO THE THREE FOOT SIDE SETBACK WITH NO OVERHANG AND THE FENCE TO MEET THE MINIMUM 15 FOOT CLEAR FISHING REQUIREMENT FROM THE FRONT DRIVEWAY. THIS WOULD RESULT IN AN UNNECESSARY, AS A VEHICLE WOULD HAVE LESS ROOM FOR ENTERING. EXITING. AND THE FENCE IS EXISTING. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE CARPORT IS CURRENTLY TWO FEET FROM SIDE SETBACK AND THE FENCE IS CURRENTLY SEVEN FEET, TWO INCHES FROM THE FRONT DRIVEWAY. STAFF FINDS THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE WITH A REQUESTED VARIANCE AS ADEQUATE DISTANCES PRESENT. IF GRANTED, THE SIDE SETBACK WILL BE TWO FEET FROM THE SIDE SETBACK AND THE CLEAR VISION DISTANCE WILL BE SEVEN FEET, TWO INCHES FROM THE FRONT DRIVEWAY, WHICH IS NOT LIKELY. TWO. ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS OTHER FENCES WERE SEEN IN THE IMMEDIATE AREA WITH SIMILAR CLEAR VISION DISTANCES AND THE CARPORT, THEN THE CARPORT LEAVES ENOUGH SEPARATION FROM THE SIDE PROPERTY LINE FOR THE VARIANCE WILL NOT ALTER THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO, NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL, WILL BE ALLOWED WITH THIS VARIANCE. AND OF MO, OH, I'M SORRY. NUMBER FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE SIDE SETBACK WILL BE TWO FEET FROM THE SIDE SETBACK AND THE CLEAR VISION DISTANCE WILL BE SEVEN FEET, TWO INCHES FROM THE FRONT DRIVEWAY, WHICH IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. 'CAUSE THE FENCES WE'RE SEEING IN THE IMMEDIATE ERROR WITH SIMILAR CLEAR VISION, THIS IS, AND THE CARPORT LEAVES ENOUGH SEPARATION FROM [01:20:01] THE SIDE PROPERTY. LINE SIX APPLIED OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO A RESULT OF GENERAL CONDITIONS IN THE DIS DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS SUPPLY OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT DO NOT APPEAR TO BE MERELY FINANCIAL. THE FENCE LINE IS ESTABLISHED IN THE AREA AND THE CURRENT POSITION IN THE CARPORT WILL HAVE A REDUCED AREA TO ENTER, EXIT A VEHICLE AND OF MOTION. SECOND. ALL RIGHT, SECOND BY COMMISSIONER MANNA, COMMISSIONER CRUZ, UM, WITH, UM, THE BUILDING OF THE CARPORT AND WITH EVERYTHING THERE, I DON'T SEE A PROBLEM WITH IT. THE ONLY THING WOULD BE WOULD, WOULD, THE SUGGESTION WOULD BE TO COVER THE TOP SO THE WIRES AND EVERYTHING ELSE WON'T BE SHOWING. THANK YOU. COMMISSIONER MANNA. UM, I CONCUR WITH MY COLLEAGUE. UM, YOU KNOW, AS A REMINDER, UM, YOU KNOW, IT DOES LIMIT THE TYPE OF, UH, BUSHES AND THINGS YOU CAN PUT ALONG THAT CLEAR VISION. UH, 'CAUSE THE GOAL IS TO ENSURE THAT AS YOU PULL IN AND OUT OF YOUR DRIVEWAY, UM, YOU AREN'T, UH, IT'S THE SAFETY OF YOUR COMMUNITY. AND WE WON'T KEEP THAT IN CONCERN. SO, BUT I'LL BE VOTING IN FAVOR. ANY OTHER COMMISSIONERS' LIKE TO ADD HEARING NUNS? HAVE A ROLL CALL. VOTE. MS. CRUZ. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. MANCHACA. I CONCUR. MR. ZUNIGA. I CONCUR WITH THE FINDINGS OF FACT. MS. BENAVIDES. I CONCUR. MR. UNA? YES, I CONCUR. MR. VASQUEZ. I CONCUR. MR. EZ I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 10 TO ZERO. UM, DO YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF? THANK YOU. ALL RIGHT. NEXT ITEM GOING BACK IS GONNA BE ITEM NUMBER FIVE. OKAY. ITEM NUMBER FIVE IS BO O A DASH 23 DASH 1 0 3 0 0 1 8 8. UM, ADDRESS IS 5 0 3 9 EL MONTE BOULEVARD IN CITY COUNCIL. DISTRICT NUMBER ONE, UH, THE APPLICANT BEING SERGIO RETA. AND THE REQUEST IS FOR A 17 FOOT VARIANCE FROM THE MAXIMUM 20 FOOT GARAGE ENTRY SETBACK REQUIREMENT TO ALLOW A GARAGE TO HAVE A THREE FOOT ENTRY AND, UH, TWO A SEVEN FOOT THREE INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A FENCE TO BE SEVEN FOOT NINE INCHES FROM THE SIDE YARD DRIVEWAY CURB. AND THE CURRENT ZONING IS R FOUR. THE SUBJECT PROPERTIES LOCATED ALONG EL MONTE BOULEVARD INTERSECTING WITH BEACON AVENUE. THE APPLICANT IS PROPOSING TO CONSTRUCT A DETACHED GARAGE IN THE REAR YARD WITH THE FRONTAGE BEING LOCATED OFF BEACON AVENUE. THE PROPOSED GARAGE IS ANTICIPATING ON HAVING A THREE FOOT ENTRY DEVIATING FROM THE MINIMUM 20 FOOT OF TOTAL PARKING AREA DEPTH THAT IS REQUIRED TO BE MAINTAINED. UH, THIS IS TO PREVENT, UH, VEHICLES FROM OBSTRUCTING WITH THE RIGHT OF WAY. UH, THE ADDITION OF THE GARAGE, UH, LOCATED FORWARD OF THE EXISTING FENCE LINE WILL CREATE THE NEED FOR THE CLEAR VISION VARIANCE. UH, THE FENCE MEASURED TO BE SEVEN FOOT NINE INCHES FROM THE SIDE PROPERTY LINE, WHILE THE MINIMUM DISTANCE REQUIRED IS 15 FEET. AND THIS IS THE SITE PLAN AND THIS IS THE SUBJECT PROPERTY. AND THEN THIS IS THE LOCATION OF THE PROPOSED GARAGE. IT'S THE VIEW FROM BEACON AVENUE. UM, AND AGAIN, THIS IS THE LOCATION OF WHERE THE GARAGE WILL BE WITHIN THE REAR YARD. CURRENTLY IT'S, UM, THERE'S A CONCRETE SLAB THERE, AND THEN THIS IS THE CLEAR VISION MEASUREMENT AND THEN THE SURROUNDING AREA, UH, STAFF RECOMMENDATION FOR THE GARAGE SETBACK AND CLEAR VISION STAFF RECOMMENDS A DENIAL AND BO EIGHT DASH 23 DASH 0 3 0 0 180 8 BASED ON THE FOLLOWING. ONE, THE REQUESTED 17 FOOT VARIANCE TO ALLOW GARAGE TO HAVE A THREE FOOT ENTRY DOES NOT PROVIDE ADEQUATE DISTANCE AS THE VEHICLES MAY INTERFERE WITH THE PUBLIC RIGHT OF WAY. AND TWO, THE IMPOSING OF THE CLEAR VISION FIELD IS CONTRARY TO PUBLIC INTEREST AS A SEVEN FOOT NINE INCH, UM, DOES NOT ALLOW FOR ADEQUATE SIGHT FOR ONCOMING VEHICLES. AND THEN THIS IS THE NOTIFICATION PLAN. STAFF MAIL 31 NOTICES, UH, ZERO RETURN IN FAVOR, ZERO IN OPPOSITION. AND WE HAD NO RESPONSE FROM THE NORTHMORE NEIGHBORHOOD ASSOCIATION. AND THAT CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. ALL RIGHT. AND UH, AND AND JUST TO BE CLEAR, THERE'S A, UM, ON BEACON AVENUE WHERE THE ENTRY WAS GONNA GO, THERE'S STILL THE NEIGHBORING FENCE THAT'S WOULD BLOCK CLEAR VISION AS WELL, CORRECT? UH, WHICH ONE? THE RIGHT NEXT TO THAT VERY, VERY LARGE TREE RIGHT THERE. YEAH. SO LIKE IF YOU WERE TO CUT, CUT, CUT SOME OF THAT FENCE DOWN AND HAVE ACCESS TO A GARAGE, [01:25:01] THERE WOULD STILL BE AN ISSUE WITH CLEAR VISION EXTENDING TO THE NEIGHBORING TO THE NEIGHBORING PROPERTY, CORRECT? UM, I'M NOT FOLLOWING IT. IT'S ONLY FOR THE CLEAR VISION FOR THE SUBJECT PROPERTY, AND THAT'S THEIR FENCE. OKAY. I'LL ASK THE APPLICANT ABOUT IT. OKAY. ALRIGHT. ANY OTHER, UH, COMMISSIONERS HAVE QUESTIONS FOR STAFF? YES. COMMISSIONER BEN BENAVIDEZ. SORRY, THAT SLAB, WAS IT EXISTING OR DID HE, WAS, WAS THERE A GARAGE THERE OR DID HE PUT THE CONCRETE IN THERE? SO THERE WAS NO PERMIT, UM, ISSUED WITHIN OR ISSUED FROM THE CITY. UM, SO THAT IS A NEW, UM, CONCRETE SLAB. THANKS. ALRIGHT, THANK YOU VERY MUCH. IF THE APPLICANT CAN PLEASE COME FORWARD, JUST TELL US YOUR NAME AND TELL US ABOUT YOUR, UH, CASE AND PROJECT. UH, GOOD AFTERNOON. FIRST EVERYBODY, MY NAME IS ERTA. WHAT WAS YOUR QUESTION? OH, YEAH, JUST TO TELL US ABOUT YOUR, UH, YOUR CASE. UM, YES, UH, LEMME TELL YOU FIRST THAT, YOU KNOW, I WAS TELLING NORM ABOUT GETTING A PERMIT FOR A GARAGE, ASKING ABOUT, UM, THEY, THEY SAY, OH, YOU NEED A PERMIT, YOU KNOW, AS LONG AS IT'S NOT ATTACHED TO THE HOUSE AND, AND IF IT'S IN THE BACK OF THE HOUSE OR IN THE REAR OR WHATEVER. AND I SAID, OKAY. SO I WENT AHEAD AND GOT THAT, UH, SLAP MATE. AND UM, THEN THIS, THIS FRIEND OF THE FAMILY SAID, YOU THINK, I THINK YOU THINK YOU NEED A PERMIT? SO I CAME AND ASKED, AND I FOUND OUT THAT I NEEDED A PERMIT. SO I, I APPLIED FOR THAT AND THEN IT WAS, UH, DENIED. AND THEN HE TOLD ME TO DO THIS PROCESS. UM, AND UNBEKNOWNST TO ME, I, I BUILT IT BEFORE I KNEW THAT I NEEDED THAT MUCH SPACE FOR AN ENTRANCE BEFORE THE GARAGE. SO I STOPPED EVERYTHING. AND, UM, THE THING IS THAT, LIKE THAT THE, THE, I DON'T KNOW WHAT IT'S CALLED, THE, THE CLEARANCE THERE FROM THE, THE FENCE TO THE CURB. MM-HMM. , ALL THAT NEIGHBORHOOD IS LIKE THAT. ALL THE FENCES ARE LIKE THAT. THAT'S, UH, MY HOUSE IS, WAS BUILT IN THE FORTIES. UM, SO THAT'S BEEN LIKE THAT FOREVER, YOU KNOW, EVEN BEFORE I WAS BORN. SO, UM, AND, UM, IF, IF WE CAN LOOK AT THE, AT THE, AT THE, AT THE SLAB, WELL, I HAVE PICTURES ALSO, BUT I, I DIDN'T GET A CHANCE TO GIVE 'EM TO MR. LEOS, UM, RIGHT WHERE THE CURSOR IS RIGHT THERE. THAT'S WHERE I WOULD, WHERE HE WAS BEFORE. WELL, I, OKAY, WHERE THE PICTURE ENDS, THAT'S WHERE THE FENCE IS. IT'S ABOUT SIX INCHES FROM THE FENCE SLAB. AND THEN, UH, MY IDEA, IF EVERYTHING GOES FINE IS FROM THAT, THE, THE EDGE OF THE SLAB HAVE THREE FEET AND THEN THE DOOR TO THE GARAGE. UM, IF THIS WOULDN'T HAPPEN, THEN I'D BE LEANING A BIND BECAUSE I SPENT A LOT OF MONEY ON THAT, UH, LIKE I SAID, BECAUSE OF IGNORANCE. SO OTHERWISE I WOULDN'T HAVE PUT THAT MONEY IN THERE. AND THEN I WOULD HAVE TO, IF I NEED TO DO ANY ARRANGEMENTS TO THAT, UM, I HAVE THREE TREES IN THE BACK. UM, TWO OF THOSE RIGHT IN FRONT OF THE SLAB. AND ONE, THE ONE THAT'S AT THE CORNER OF THE FAR CORNER, UH, THAT'S A LITTLE OFF. BUT IF I HAD TO EXTEND THE, THE SLAB, WHICH IS GONNA COST ME A LOT OF MONEY ALSO, UH, I WOULD HAVE TO TAKE THAT DOWN ALSO. SO YOU'RE TALKING ABOUT STILL THERE, TAKING, TAKING DOWN MANIPULATE FALLS, TAKING DOWN THREE TREES. UM, AND, UM, ABOUT THE, OKAY, JOE, TOUCH YOURSELF FIRST. COMMISSIONER, CAN YOU MUTE, UM, ABOUT THE, ABOUT THE SAFETY ISSUE? UM, I COULDN'T PARK OR, YOU KNOW, MY, OR STAND WITH MY CAR IN FRONT OF THAT SLAB OR IN FRONT OF THAT PART OF THE FENCE BECAUSE ACTUALLY ONLY THE, THE HOOD OF MY CAR WOULD BE ON THE SIDEWALK AND THE REST OF MY CAR, OR MY VEHICLE WOULD BE IN THE MIDDLE OF THE STREET, WHICH IS, WHICH IS SOMETHING I'VE NEVER DONE. WHEN I BUILT THAT BACK IN SEPTEMBER LAST YEAR, UM, I, I MADE A GATE FOR THE PEOPLE TO HAVE ACCESS TO THE YARD. 'CAUSE THE, THE, THE FENCE IS A STRAIGHT LINE FENCE. THERE'S NOTHING, THERE WAS NOTHING FROM THAT CORNER TO MY NEIGHBOR'S, UM, FENCE TO THE CORNER OF THE HOUSE. AND, UH, AND I BUILT THAT GATE. SO THEY, THEY HAD ACCESS TO THE YARD. IT'S NOT BEEN EVER OPEN AGAIN SINCE, SINCE THAT HAPPENED. AND, UM, AND EVEN BEFORE I KNEW ABOUT THIS, THIS IS NEW TO ME. UM, SO IT'S JUST, I'M JUST, YOU KNOW, LOST IN WHAT, WHAT ELSE IS GONNA HAPPEN? WELL, I'M SURE WE'LL HAVE SOME QUESTIONS. I, I'D LIKE TO START. SURE. YOU HAD MENTIONED THAT THERE WAS TWO TREES BEHIND THAT SLAB. THEY, ON THE PICTURE, THEY DON'T LOOK LIKE THEY'RE VERY LARGE. WHAT ARE THEY ABOUT FOUR, FIVE INCHES? UM, THE WHAT? THE TREES, THE, THE DIAMETER OF THOSE TWO TREES IN FRONT OF, YOU MEAN THE TRUNK? YES. THEY'RE ABOUT THAT BIG. OKAY. [01:30:01] YEAH, THEY DIDN'T SEEM ENORMOUS. UH, THE ANOTHER QUESTION I HAVE IS, UH, THE, THE SITE PLAN THAT WAS SUBMITTED SHOWS THAT YOU HAVE APPROXIMATELY 25 FEET FROM THE EDGE OF THAT SLAB TO YOUR PROPERTY LINE. YES. A A ACTUALLY, UH, IT'S 25 BY 20. IT'S 20 FEET, FEET LONG, 25 FEET LONG, AND 20 FEET ACROSS. OKAY. SO WITH A 50 FOOT LOT, YOU HAVE ABOUT 25 FEET FROM THE EDGE OF THE SLAB OVER THE GRASS TO THE SIDE FENCE. CORRECT? UH, I DIDN'T UNDERSTAND THE QUESTION. UH, IF, IF, UM, CAN YOU BRING UP THE SITE PLAN, UH, STAFF? OKAY. SO BEHIND TO THE RIGHT OF THE GARAGE, THERE'S A DIMENSION THAT SAYS 25 FEET. UH, YOU HAVE ABOUT 25 FEET. THEN THERE, THAT'S A, YOU AGREE WITH THAT? I DON'T KNOW WHO WROTE THAT. IF STAFF HELPED OR YOU WROTE THAT. OKAY. WHERE IT SAYS NUMBER TWO, THAT'S, THAT'S THE BEACON STREET. YES, I KNOW. UM, GO TAKE THE WORD GARAGE IN GREEN MM-HMM. , AND THEN GO TO THE RIGHT. AND YOU SEE THERE'S A DIMENSION OF 25 FEET. YES. OKAY. SO YOU, IT, IT LOOKS LIKE YOU HAVE, OTHER THAN THESE TWO TREES, YOU HAVE PLENTY OF ROOM TO EXTEND THE GARAGE AND MEET THE 20 FOOT REQUIREMENT FROM THE CLOSEST TREE IS ABOUT MAYBE 10 FEET. BUT IF YOU WERE TO CUT THE TREES DOWN, YOU COULD EXTEND THE GARAGE. I CAN, BUT THEN I'M GONNA BE DEPENDING, DEPENDING ON HOW BIG I BUILD THE GARAGE. IF YOU WANNA GET THE 20 FEET, UH, YOU KNOW, THE, THE CITY REQUIRES, THEN I'LL, I'LL, I'LL BE LIKE THIS CLOSE TO MY NEIGHBOR'S, UH, FANS. AND, UM, AND YOU KNOW, AND, AND I, I WANTED TO KEEP THOSE TREES BECAUSE THEY, THEY FROZEN TWICE, ONCE TWO YEARS AGO WITH THE SNOW. AND THE OTHER ONE LAST YEAR WITH A, OR, OR THIS YEAR, I DON'T REMEMBER, WITH A, WITH A FREEZER. WE HAD YES. DEGREES OR WHATEVER. AND, AND THEY CAME BACK. SO I'M LIKE, YOU KNOW, THEY'RE SAYING SOMETHING. UM, BUT BUT DID STAFF EXPLAIN WHY THE REQUIREMENT WAS THERE? UH, THE CLEAR VISION. THE, THE DISTANCE? YES. WHAT ITS PURPOSE WAS IN THAT, YOU KNOW, THERE'S A PUBLIC SIDEWALK THAT RUNS ALONG THAT FENCE. MM-HMM. . YES. UH, THERE'S A POTENTIAL TO BLOCK THAT. THERE'S, IT'S, IT COULD NOT, IT, IT COULD BE AN UNSAFE CONDITION WHEN YOU'RE BACKING IN AND OUT BECAUSE OF LIMITED SIGHT DISTANCE WITH THAT VERY LARGE TREE, ESPECIALLY THAT'S IN THE CITY RIGHT OF WAY. UM, SO, YOU KNOW, THE CLEAR, CLEAR VISION, WHAT TREE STAFF CAN YOU BRING UP THE, THE PICTURE SHOT ON BEACON? YEAH. SO IF YOU LOOK THE TREE THAT IS OUTSIDE YES. OH, SEE THAT? OH, THAT TREE. THAT TREE'S BEEN THERE SINCE I GOT THERE 30 YEARS AGO. I, I I'M SURE IT'S, IT LOOKS LIKE IT'S VERY, VERY SIZE. ACTUALLY, THERE WAS ANOTHER ONE RIGHT WHERE THE GATE IS RIGHT NOW. MM-HMM. IT WAS ABOUT THAT. WELL, MY, MY, MY, MY ISSUE IS, UM, IS THAT IF YOU WERE TO BACK OUT OF A GARAGE OR AT EVEN A DRIVEWAY AND GO ONTO THAT STREET, THERE'S LIMITED SIGHT BECAUSE OF THAT TREE, BECAUSE OF THE FENCING. AND IT COULD BE AN UNSAFE CONDITION. AND THAT'S, THAT'S REALLY THE, THE REASON WHY WE HAVE THESE CODES. OKAY. UM, IS I SEE WHAT YOU'RE SAYING. UM, WELL, YOU KNOW, IF I DON'T GET GRANTED THE PERMIT, IT'LL BE, I I, I'M NOT GONNA CUT THE TREE. OKAY. I'D RATHER LOSE ALL THAT MONEY THAN CUTTING. IF, IF THEY'RE CUTTING A TREE, IF THIS WASN'T A GARAGE BUT IT WAS A CARPORT AND IT WAS LOCATED AT FIVE FEET AWAY, WOULD THAT BE AN ISSUE? UM, SO THEY WOULD STILL NEED THE CLEAR VISION AND THE CARPORT WOULD NEED THE 10 FEET FROM THE PROPERTY LINE. OKAY. UM, WELL THAT ANSWERS MY QUESTIONS, MA'AM. COMMISSION. SO CAN I HAVE THEN A, A CARPORT? YOU SAY, WELL, WELL WE CAN, THIS IS, I, I WANTED TO DO ALSO LIKE A STORAGE. I PAY FOR A STORAGE EVERY MONTH. I PAY FOR, AND IT'S VITAMIN ME EVERY MONTH. I PAY ALMOST $200 FOR IT. AND, YOU KNOW, THAT'S MONEY THAT I CAN SAVE. HAVING THIS, IT'S, IT'S SEVERAL THINGS THAT, THAT'S WHY I WANTED TO DO THAT. I UNDERSTAND. UH, BUT WE WE'RE GONNA GO THROUGH SOME QUESTIONS AND THEN WE'LL, WE'LL SEE ABOUT WHAT DIRECTION THIS GOES, BUT MR. MANA, SO, UM, SO FIRST QUESTION IS, UM, REGARDING, CAN YOU BRING UP GOOGLE MAPS AND THERE AND ON BEACON STREET AND SO ACROSS, ACROSS FROM YOUR PROPERTY, UM, IS ANOTHER PUT IN A SIMILAR GARAGE? YES. THAT LOOKS TO BE ABOUT, UM, 20 FEET FROM, FROM THE CURB. SO 15 FEET OFF IT, IT'S 15 FEET. OKAY. SO, SO PART OF THE DIALOGUE, YOU KNOW, THAT WE GO THROUGH ON A REGULAR BASIS IS JUST TRYING TO FIND IF THERE'S SOME COMPROMISE WITH REGARDS TO THE DISTANCE FROM THE STREET. MM-HMM. . UM, SECOND THING THAT'S THERE IS THE, THE NEIGHBOR ADJACENT TO IT ALSO HAS A CHAIN LINK FENCE. AND SO PART OF THE CLEAR VISION REQUIREMENT IS TO BE ABLE TO SEE, UM, THE STREETS AND WHAT'S ON THE STREETS. AND SO, SO ONE OPTION, OR ONE QUESTION IS, WOULD YOU BE AMICABLE TO, UH, CHANGING FROM A SOLID SCREEN FENCE TO A PREDOMINANTLY OPEN FENCE THERE ON THAT SIDE? WELL, I MEAN, YES, AS LONG AS I CAN GET THE GRUDGE MADE, BUT, UH, IT, IT IS GONNA [01:35:01] TAKE A LOT OF MONEY AS, AS IT IS. UH, I HAD TO PUT THIS ON HOLD, THIS MEETING BECAUSE I DIDN'T HAVE THE MONEY, YOU KNOW, THE $400 TO PAY FOR IT. 'CAUSE I, IT WAS SOMETHING THAT I DIDN'T COUNT ON AND I DIDN'T KNOW ABOUT. SO I DIDN'T HAVE THE MONEY, SO I HAD TO POSTPONE IT AND FOR A LITTLE OVER TWO MONTHS JUST TO GET THE MONEY TOGETHER. SO QUESTION FOR THE CITY STAFF, IF THIS WAS CHANGED TO A PREDOMINANTLY OPEN FENCE FOR, UM, FOR THE SIDE HERE, DOES THAT CHANGE THE DIALOGUE WITH REGARDS TO CLEAR VISION? NO, SIR. IT'S OVER, UH, THREE FEET. IT WOULD STILL NEED THE CLEAR VISION, WHETHER IT'S PREDOMINANTLY OPEN OR NOT. OKAY. WOULD THAT, WOULD THAT UH, UH, EN ENTICE STAFF TO POTENTIALLY, UH, RECOMMEND APPROVAL AS OPPOSED TO DENIAL? UM, I GUESS THAT COULD ENTICE COMMISSIONERS. . OKAY. . OKAY. ANY OTHER COMMISSIONER QUESTIONS? MINKA COMMISSIONER MINKA, UH, AS AN OPTION, I'M NOT SURE THE CITY WILL CONSIDER THIS, BUT THE FENCE, INSTEAD OF BEING CHANGED, COULD IT, COULD THE FENCE BE ANGLED 45 FROM THE CORNER OF THE GARAGE OUT? DOES HE MAINTAINS THE SAME MATERIAL? YES. UH, SO IF HE MEETS, IF, IF HE DOES MEET THE, UH, ANGLE OF THE 45 DEGREES, IF HE CHANGES IT, YES, HE CAN. HE DOESN'T NEED THE CLEAR VISION. RIGHT. AND QUESTION NUMBER TWO IS THAT, UH, AS A COMMISSIONER MANOR BROUGHT UP THAT THE, UH, YOUR NEIGHBOR ACROSS THE STREET HAS LIKE A DRIVEWAY. SO ON YOUR SIDE YOU HAVE A CURB. DOES THIS REQUIRE CURB CUT TO ALLOW THE GARAGE UP? THIS, HE'S GONNA GO, HE'S GONNA HAVE TO TRAMPLE OVER THE, THE SIDEWALK. IS THAT AN ISSUE BEING BROUGHT UP? NO. I HAVE ONE, SIR. EXCUSE ME. I'M SORRY. UM, LONG TIME AGO WHEN THEY REDID THIS, THE STREET, 'CAUSE THE STREET WAS AT THE SAME LEVEL THAN MY PROPERTY, BUT WHEN IT RAINED, ALL THE WEATHER KIND OF TURNED ONTO FROM THE MONTE TO BEACON AND WENT THROUGH MY PROPERTY AND ACTUALLY MOVED MY HOUSE. SO I DON'T REMEMBER WHEN THEY RAISED THE, THE, THE STREET LEVEL. AND NOW MY PROPERTY IS, IS LIKE, LIKE THAT MUCH LOWER. AND BACK THEN I ASKED THE, THE, THE WHOEVER WAS IN CHARGE, I SAID, LISTEN, IN THE FUTURE SOMETIME, I DON'T KNOW WHEN I WOULD LIKE TO BUILD IN THE GARAGE HERE. CAN YOU DO THAT? WHAT YOU SAID? I DON'T KNOW WHAT IT'S CALLED. AND THEY SAID YES. AND I ACTUALLY SHOWED IT ON PICTURES TO MR. LEOS. HE SAID HE SAW THAT THE CURVE IS NOT A STRAIGHT LINE LIKE THAT. IT'S LIKE THIS. SO THAT'S IN YOUR PLAN ALREADY? THE APRON? YEAH. I, I HAD THAT, I HAD THAT IDEA 20 YEARS AGO. I MEAN, I JUST DIDN'T HAVE THE MONEY TO DO IT. I SEE. COMMISSIONER ZUNIGA. OKAY. UH, ARE, ARE YOU PARKED YOUR CARS IN THE FRONT YARD? NO. NO SIR. I HAVE A CARPORT IN THE FRONT. YEAH, WELL ON THE GRASS. DO YOU PARK 'EM? THERE'S A CAR OVER HERE PARKED ON THE GRASS. NO, THAT'S MY, THAT'S MY NEIGHBOR. THAT'S NOT ME. I'M, I'M, I'M ON THIS SIDE, ON THE, ON THE LEFT OF THE, THAT PICTURE RIGHT THERE. THAT'S MY PROPERTY ON HERE. THAT'S, I NEVER PARK ON THE STREET BECAUSE OF THE, THE, I ALWAYS PARK ON, ON, ON MY FRONT PORCH. UH, MY CAR, MY STAFF STAFF. IF YOU COULD GO ON AROUND THE CORNER RIGHT THERE. THERE YOU GO. THE, THE, THE SUBJECT, UH, PROPERTY, UH, STAFF. IS THAT HIS HOME? YES. THAT IT'S, THAT'S STAFF CARD. THAT'S HIS SECRET. EVERYBODY HERE, EVERYBODY . YEAH. WELL THAT'S WHAT I'M SAYING. HE SAYS HE PARKS SOMEWHERE ELSE. NO. COMMISSIONER, ARE YOU USING YOUR MICROPHONE? I GOT IT. THANK YOU. IT'S, UH, MR. MAN'S FAULT. . OKAY. SO, SO THIS, UH, SO YOU, YOU, YOU DO PARK ONE OF YOUR CARS ON THE GRASS. OKAY. OKAY. SECOND QUESTION IS, I'M NOT PARKED ON THE GRASS HERE. I'M SORRY. I'M SORRY TO SAY THAT I, I'M NOT PARKED ON THE GRASS AT ALL. OKAY. YEAH, THAT'S A LITTLE OKAY THERE. OKAY. UH, THE SECOND QUESTION THAT I HAVE, WHO, UH, WHO WAS THE CONTRACTOR THAT UH, SET THE FOUNDATION? THE SLAP? SOMEBODY THAT GOT FROM CRAIGSLISTS. OKAY. SO HE DIDN'T TELL YOU NEED A PERMIT? NO, I ASKED HIM AND I SAID, DO I NEED A PERMIT FOR THAT? HE SAID, OH NO, IT DEPENDS ON WHERE YOU'RE GONNA BUILD YOUR SLAB AND YOU GONNA GO TALK TO HIM. IT'S DIFFERENT EVERYWHERE. AND I'M LIKE, OKAY, GO AHEAD AND DO IT. YEAH. YOU KNOW, AND I STARTED ASKING, ASKING AND THEN THIS LADY FRIEND OF THE FAMILY THAT I'M TELLING YOU SAID, I THINK YOU NEED A PERMIT. GO. AND WHEN, WHEN WAS THAT? WHAT HE IN SEPTEMBER LAST YEAR, SIR. OKAY. LAST YEAR? MM-HMM. . OKAY. WELL, UH, THE TREES, YOU CAN REPLANT 'EM LIKE YES, LIKE CHAIRMAN WAS SAYING, I'VE BEEN TAKING CARE OF 'EM FOR SEVEN YEARS. WELL, WHAT SHOULD I SAY? YOU KNOW, YOU CAN REPLANT 'EM. OKAY. THANK YOU VERY MUCH. APPRECIATE IT. THANK YOU, SIR. ANY OTHER QUESTIONS? SO A QUICK QUESTION. SO ABOUT THE ANGLE. SO RIGHT NOW HE'S ASKING FOR A REDUCTION OF THE CLEAR VISION. IF HE MAKES A REDUCTION, LET'S SAY TO A FIVE FOOT VARIANCE WHERE IT'S 10 FOOT, THAT MEANS THAT THE ANGLE WOULD BE 10 FOOT, CORRECT? IT WOULD [01:40:01] BE 10. AND IS THERE, IS, IS THERE, DO YOU KNOW HOW FAR AWAY THE SLAB IS FROM, I THINK YOU HAD IT ON YOUR SITE PLAN FROM THAT REAR PROPERTY LINE? I BELIEVE SEVEN AND A HALF FEET. SEVEN AND A. SO THAT'S WHY YOU NEED THAT ANGLE THEN. AH, DARN. ALRIGHT. THAT'S ENOUGH FOR ME. ANY OTHER, THERE'S NO OTHER QUESTIONS. COMMISSIONER CRUZ. I'VE JUST GOT ONE SIMPLE LITTLE QUESTION AND MAYBE I'M NOT, I HAVEN'T REALLY LOOKED AT THE PICTURES. SO YOU HAVE NEVER HAD A GARAGE ATTACHED TO THE HOME, SIR? YES, THERE IS A GARAGE THERE. UM, ON, ON THE, AS YOU LOOK AT, AT THE HOUSE FROM THE FRONT, IT'S ON THE LEFT. YOU CAN SEE THE, THE DOOR THERE. UM, THE THING IS THAT, UH, WITH ALL THAT WATER THAT I'M TELLING YOU THAT I GOT USED TO GET THAT SUNK, IT'S, IT'S SS IN ABOUT THAT MUCH AND I JUST DON'T WANNA PUT MORE WEIGHT ON THAT FLOOR AND, UH, YOU KNOW, HAVE SOMETHING MAJOR. OKAY. THAT'S WHY YOU'RE MAKING A DETACHED GARAGE. YES, MA'AM. NOW IN THE BACK, MA'AM. OKAY. THANK YOU. MM-HMM. , MACHACA. COMMISSIONER MACHACA. SIR, ONE MORE QUESTION, UM, IN REFERENCE TO, UM, HELP YOU WITH A PEACE OF MIND. THE ONE WHO PUT IN THE CONCRETE SLAB, DID THEY USE REBAR OR FENCE? YES. YES, SIR. UM, I, I HAVE ACTUALLY PICTURES OF THAT. OH, GOOD. NOW I DON'T NEED TO KNOW. I'M JUST CONCERNED ABOUT YOU THAT YOU'D BE SURPRISED AND I THINK CRACKS IN THE MIDDLE. 'CAUSE I'VE SEEN THAT BEFORE. WE SURPRISED SLABS. WELL, YOU KNOW WHAT, UH, THEY, THEY PUT, UH, ABOUT THAT MUCH OF, UH, UH, BASE AND THEN THEY COVERED IT WITH, UH, WITH THE PLASTIC AND THEN THEY PUT THE BARS ON TOP AND THEN THE CEMENT AND THEY, THEY BUILD THESE LITTLE, THE DITCHES AROUND. YOU HAVE THE BEAMER ON THE OUTSIDE. IT'S A SMALL BEAM AROUND THE OUTSIDE. YES. THERE'S, THERE'S A DITCH ALL THE WAY AROUND. OKAY. YEAH. UH, HEALTH AND SAFETY SEEMS TO BE THE PRIMARY, THE FIRST THING WE'RE LOOKING AT. RIGHT. AND TO BE HONEST, UH, YOU KNOW, IT LOOKS PRETTY DANGEROUS IF IT WAS A WALKING BY THE WAY THAT YOU'RE PROPOSING TO DO IT RIGHT NOW. I'D FEEL A LOT MORE COMFORTABLE IF MAYBE YOU COULD, YOU KNOW, FIND A WAY TO MOVE THE FENCE BACK SOMEHOW SO THAT WE COULD, AND I, I THINK WE CAN ACCOMPLISH THAT WITH HOW EMOTIONS READ. UM, IS THERE, SO WHAT WE'RE GONNA DO, SIR, AT THIS POINT IS WE'RE GONNA SEE IF THERE'S ANY PUBLIC COMMENTARY AND THEN WE'RE GONNA DELIBERATE. OKAY? AND WE'LL SEE WHAT HAPPENS IS STAFF. IS THERE ANYONE SENATOR TO SPEAK ANY VOICEMAILS? NO PUBLIC COMMENT. ALL RIGHT. SO, UM, YOU'RE WELCOME TO TAKE A SEAT, BUT I'M LOOKING FOR A MOTION ON THIS AND, AND I WOULD RECOMMEND READING IT AS REQUESTED AND WE CAN DO FRIENDLY AMENDMENTS IF WE NEED TO, UH, SCULPT IT. OKAY. THANK YOU. THANK YOU. COMMISSIONER MANOCK CASE REGARDING CASE NUMBER BO 8 2 3 1 0 0 0 1 8 8. I MOVE TO THE BOARD OF ADJUSTMENT GRANT REQUEST FOR ONE A 17 FOOT VARIANCE FROM THE MINIMUM 20 FOOT GARAGE ENTRY SETBACK TO ALLOW A GARAGE TO HAVE A THREE FOOT ENTRY ON THE SIDE SETBACK AND TWO, A SEVEN FOOT THREE INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A FENCE TO BE SEVEN FEET NINE INCHES FROM THE SIDE YARD DRIVEWAY CURB SITUATED AT FIVE THROUGH NINE EL MONTE BOULEVARD. UH, APPLICANT BEING SERGIO ATA BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH AS THE LIBERAL ENFORCEMENT OF THE PROVISIONS OF THE E D C AS AMENDED, WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE INTEREST OF THE PUBLIC IS DEPICTED BY THE ENFORCEMENT GARAGE SETBACKS TO ENSURE THE VEHICLES DO INTERFERE WITH THE RIGHT OF WAY. AMEN. CLEAR VISION REQUIREMENTS TO ALLOW FOR THE SAFETY OF UNCOMMON VEHICULAR TRAFFIC. THE REQUESTED. SO 17 FOOT CLIN VARIANCE TO ALLOW A GARAGE TO HAVE A THREE FOOT ENTRY, UH, PROVIDES ADEQUATE DISTANCE AS THE VEHICLES WILL NOT INTERFERE WITH THE PUBLIC RIGHT OF WAY. ADDITIONALLY, THE IMPOSING OF THE CLEAR VISION FIELD IS NOT CONTRARY AS SEVEN FOOT NINE INCH DOES NOT ALLOW FOR ADEQUATE SIGHT FOR ONCOMING VEHICLES. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE SPECIAL CONDITION FOUND ON THE SUBJECT PROPERTY IS THE LOCATION OF THE TREES IN THE REAR YARD PREVENTING THE PROPOSED GARAGE TO BE PUSHED BACK TO ADHERE TO THE ORDINANCE. THIS WOULD RESULT IN UNNECESSARY HARDSHIP AS THE TREES WOULD NEED TO BE REMOVED AND THE REAR YARD SPACE WOULD BE DRAMATICALLY REDUCED. AS FOR THE CLEAR VISION, THE SPECIAL CONDITION FOUND THAT THE PROPERTY WAS, UH, THE REPLACING OF PREVIOUS NONCONFORMING FENCE. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE FENCE WOULD NEED TO ALTER. AND THE REAR YARD SPACE WOULD ALSO BE REDUCED. THREE. BY GRANTING THE VARIANCE, THE SPEAR OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. SUBSTANTIAL JUSTICE WILL BE SERVED AS A THREE FOOT GARAGE SETBACK WILL NOT INTERFERE WITH THE RIGHT OF WAY. ADDITIONALLY, THE ALLOWANCE OF THE FENCE TO BE SEVEN FOOT NINE INCHES WILL NOT POSE HARM FOR VEHICLES REVERSING FROM THE ANTICIPATED GARAGE. IF APPROVED FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH IS VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WOULD BE ALLOWED WITH THIS VARIANCE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT, WHICH IS PROPERTY IS LOCATED. [01:45:01] THE REQUESTED VARIANCES WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES AND WON'T ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD AS A REQUESTED GARAGE SETBACK AND CLEAR VISION VARIANCES ARE HIGHLY LIKE UNLIKELY TO AFFECT THE, UH, PUBLIC RIGHT OF WAY AND VEHICULAR SAFETY. SIX APPLY TO THE OWNER OF THE PROPERTY FORGED THE VARIANCE AS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THIS PROPERTY IN UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS IN DISTRICT WHICH THIS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH OF VARIOUS SOUGHT DUE TO UNIQUE CIRCUMSTANCES AS EXISTING ON THE PROPERTY. THE LOCATION OF THE TREES PREVENT THE APPLICANT FROM ABIDING THE MINIMUM 20 FOOT REQUIREMENT. MOREOVER, THE APPLICANT HAS REPLACED THE EXISTING FENCE AND OF MOTION THERE A SECOND. SECOND BY COMMISSIONER BONITA. COMMISSIONER ROMANA. SO I, FOR A LOT OF AMENDMENTS, 'CAUSE I CAN OFFER A FEW MYSELF, IF I WAS GONNA GO DOWN THIS PATH, UM, YOU KNOW, TO ME CLEAR VISION IS IMPORTANT 'CAUSE THAT WAS KIND OF BROUGHT UP BY THE COMMISSIONERS THEMSELVES. AND UM, YOU KNOW, I WOULD BE OKAY WITH A PREDOMINANTLY OPEN FENCE ALONG THAT WHOLE SIDE, OR AT LEAST, UM, WITHIN THE 15 FOOT AND THE SEVEN FOOT THAT WOULD GIVE ME SOME COMFORT AND THEN PUSHING IT BACK FIVE FEET, UM, MORE FROM THE FENCE, UM, WOULD GIVE ME ADDITIONAL COMFORT. AND I THINK BETWEEN THOSE TWO, THAT WOULD PROVIDE, UM, A LITTLE BIT OF ADEQUATE FROM MY PERSPECTIVE FOR MEETING, UM, SOME OF THE SETBACK REQUIREMENTS AS WELL AS A CLEAR VISION REQUIREMENT. BUT, BUT, BUT AGAIN, I'M OPEN TO ANY AMENDMENTS HERE IN THIS DIALOGUE. OKAY? NO, I'M, I'M NOT MAKING ANY MOTIONS, BUT I'M JUST SAYING WHAT I WOULD BE INTERESTED IN, I THINK AT THIS POINT. SO I'LL CHIME IN ON THIS. I MEAN, I, BECAUSE HE CAN BUILD THIS THING BACK, I, I I, IT, I FEEL IT'S, IT'S HARD FOR ME TO ENTERTAIN MUCH OF ANY OF A, OF A SETBACK VARIANCE. UH, AND MOSTLY BECAUSE THERE'S A SIDEWALK RIGHT ON THE PROPERTY LINE, YOU KNOW, AND, AND THERE'S A LARGE TREE THERE AND I GET CONCERNED WITH VEHICLE OVERHANG AND I JUST, UH, I WOULD, I WOULD JUST SAY STRIKE ITEM ONE ALTOGETHER. I MEAN, I'D BE OPEN TO A, A, A A TWO FOOT VARIANCE BECAUSE, YOU KNOW, SOME CARS ARE 18 FEET OR LESS. BUT THAT'S ABOUT ALL I I COULD GIVE ON THAT AS FAR AS A CLEAR VISION THERE. THERE'S, I I CAN'T SWAY ON THAT. I MEAN IT'S, THERE'S JUST, IT'S JUST WITH, WITH A, WITH A WOOD FENCE THERE AND THAT LARGE TREE BY THE SIDEWALK. I JUST, I CAN'T SEE IT. BUT SEE IT'S A SAFETY PROBLEM. I JUST CAN'T GET BEHIND IT. SO, BUT IF WE WENT PREDOMINANTLY OPEN WITH REGARDS TO THE FENCE, WOULD THAT, HE WOULD, HE WOULD HAVE TO. WE CAN'T PUT THAT AS A CONDITION AND THAT DOESN'T MEET ANY OF THE CODE THE, FOR CLEAR VISION. IS THERE A WAY FOR HIM TO ADJUST HIS APPLICATION? RIGHT. YOU CAN'T, YOU YOU CAN'T MAKE HIM DO YEAH. PREDOMINANTLY OPEN. YEAH. THAT'S THE ISSUE. SO, SO IF WE STRIKE THE CLEAR VISION, THEN THE ONLY WAY THAT HE COULD DO THAT WOULD BE, UM, THAT HE WOULD HAVE TO HAVE IT THREE FOOT HEIGHT, UM, AND THEN THAT, THAT WOULD BE THE, THE HEIGHT OF THE FENCE, CORRECT? WELL WHAT IF WE, IF WE DID A FIVE FOOT VARIANCE OF THE CLEAR VISION AND THEN HE HAS TO HAVE AN ANGLED FENCE, BUT HE ONLY HAS LIKE SEVEN AND A HALF FEET FROM THE SIDE OF WHERE HE WOULD LIKE THE GARAGE TO THE, TO THE PROPERTY BACK CORNER, IS THERE A WAY TO ACCOMPLISH AN ANGLE FOR IT TO MEET? YEAH, SO IF YOU PUSH HIM, IF YOU PUSH HIS CLEAR VISION BACK ANOTHER FIVE FEET TO MAKE IT, UM, SO HE WOULD HAVE TO START THAT ANGLE FROM THAT FIVE FEET, WHICH IS A LOT LESS THAN THE 15 FEET. HE WOULD HAVE TO YEAH. BUT HE STILL HAS THE FENCE FROM THE NEIGHBOR IN THE WAY. YES. YEAH. I MEAN I'D BE OPEN TO A A 10 FOOT VARIANCE ON THE, I MEAN, I'M SORRY, A FIVE FOOT VARIANCE ON THE CLEAR VISION JUST TO FORCE HIM TO MOVE THE ANGLE BACK A LITTLE. SO I'LL, I'LL OFFER A FRIENDLY AMENDMENT TO GIVE HIM A TWO FOOT VARIANCE ON THE SETBACK AND THEN A, A A A 10, A FIVE FOOT VARIANCE ON THE CLEAR VISION. I MEAN I, WHAT DO Y'ALL THINK? CAN YOU PUT THE DRAWING BACK OF THE, UH, THE SLIDE WITH THE DRAWING? SO WHAT YOU'RE, WHAT YOU'RE SAYING IS TO MOVE THE SLAB BACK FROM THE STREET BACK FIVE FEET? WELL, HE WOULDN'T HAVE TO MOVE THE SLAB 'CAUSE YOU CAN USE IT TO DRIVE ON. HE WOULD JUST HAVE TO EXTEND IT FIVE FEET TO THE BACK MORE THAN FIVE. I I I'M OFF, SEE IF HE DOES A GARAGE, HE HAS TO HAVE 20 FROM THE FACE OF THE GARAGE DOOR TO THE PROPERTY LINE. IF HE DOES IT AS A CARPORT, HE DOESN'T NEED TO HAVE THAT MUCH. IF HE DOES IT AS A COVERED, IF HE DOES IT AS A STORAGE BUILDING, IT ONLY NEEDS TO BE FIVE FEET. CORRECT. IF THERE'S NO CORRECT VEHICULAR ACCESS COMPONENT. SO THERE'S OPTIONS FOR HIM TO DO SOMETHING. 'CAUSE HE HAD MENTIONED THAT HE NEEDS STORAGE AND HE, AND HE WOULD LIKE TO HAVE A PARKING AREA. BUT I THINK THAT IF HE WERE TO EXTEND THE SLAB BACK AND THEN HE COULD THEN DECIDE LIKE MAYBE HE PUTS A STORAGE ON ONE PIECE OF IT AND DRIVE. I MEAN HE HAS MORE OPTIONS [01:50:01] I THINK, BUT HE, HE CERTAINLY HAS A ROOM. BUT HE WOULD HAVE TO EXTEND THE CONCRETE. YEAH, HE'D HAVE TO CONSTRUCT SOME MORE. YEAH. UNLESS HE, UNLESS HE DOESN'T WANT A GARAGE. AND, AND I THINK COMMISSIONER'S RECOMMENDATION WAS TO PUSH IT BACK ESSENTIALLY, UH, 15 FEET IF I UNDERSTOOD CORRECTLY. YEAH. I MEAN, AND THAT'S IF HE THREE FOOT PLUS THE, IF HE WANTS A GARAGE, RIGHT? IF HE WANTS A CARPORT, IT'S NOT GONNA BE, IT'S NOT AS BAD. SO DO WE NEED TO GET HIM UP HERE AND WELL, I MEAN I, I JUST CAN'T, I CAN'T BE IN SUPPORT OF, OF THIS PARTICULAR ONE BECAUSE HE HAS SO MUCH ROOM TO PUT THE GARAGE AND HAVE IT BE FULLY COMPLIANT. I MEAN I JUST CAN'T, I DON'T, I DON'T SEE A HARDSHIP HERE. AND THE CLEAR VISION, I MEAN SAFETY, IT'S A SAFETY THING. AND YOU GOT THE, YOU GOT NEIGHBORS THAT HAVE A FENCE THAT YOU CAN'T CONTROL. THERE'S A BIG TREE THAT, THAT'S IN THE PUBLIC RIGHT OF WAY AND THEN, AND IT'S, AND THIS PROPERTY LINE IS VERY CLOSE TO THE BACK OF THE SIDEWALK. I I SEE WHY STAFF'S RECOMMENDING DENIAL. SO I MEAN, THAT'S JUST MY 2 CENTS. I MEAN I, SO IF I HEARD CORRECTLY, THE, THE MOTION OR THE, UH, FRIENDLY AMENDMENT WAS A TWO FOOT VARIANCE FROM THE MINIMUM 20 FOOT GARAGE SETBACK AND THEN, UM, A FIVE FOOT, FIVE FOOT VARIANCE FROM THE MINIMUM 15 FOOT MM-HMM. , IS THAT CORRECT? YES. I, I WOULD ACCEPT THAT. AND, AND THE SECOND COMMISSIONER BONITA, WOULD YOU ACCEPT THAT? I ACCEPT THAT. OKAY. SO BUT THE MOTIONS, SO JUST SO YOU KNOW THAT THE MOTION HAS NOW BEEN CHANGED SO THAT IT'S A TWO FOOT VARIANCE, UH, FROM THE 20 FOOT SETBACK TO ALLOW A FACE OF GARAGE TO BE 18 FEET BACK AND THEN A, UM, 10 FOOT VARI FIVE FOOT VARIANCE TO THE 15 FOOT CLEAR VISION, UH, TO HAVE 10 FEET OF CLEAR VISION. SO THAT'S THE NEW MOTION? YES. COMMISSIONER ZUNIGA, IT'S NEW MOTION. OKAY. UH, I WOULD BE MORE COMFORTABLE MM-HMM. FOR HIM FOR A CONTINUOUS AND FOR HIM TO ADD THAT PORTION TO AS A REQUEST AGAIN, YOU KNOW, INSTEAD OF UH, UH, TO ADD, TO ADD WHAT? TO SIT HERE AND STAND UP HERE AND SAY, YEAH, I'LL DO THAT WITH THAT BECAUSE WELL, I MEAN HE COME BACK AND HUH? IF THE VARIANCE PASSES HE CAN, HE CAN DO IT OR HE CAN DO SOMETHING ELSE THAT, THAT ACCOMPLISHES SOME OF HIS NEEDS THAT ARE IRRELEVANT ABOUT THE VARIANCE THAT WE'RE PASSING. WELL, HE WOULDN'T HAVE TO WAIT A YEAR, RIGHT? NO, NO, NO. OKAY. AS LONG AS HE, NO. 'CAUSE IF HE WANTED TO BUILD A STORAGE BUILDING THAT IT DOESN'T MATTER WHAT WE DO TODAY. OKAY. IT SO, SO IF THERE'S NOTHING ELSE, UH, SEVERAL WILL CALL VOTE. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT AS AMENDED. MS. BEN VENUS, I CONCUR WITH THE FINDINGS WITH THE AMENDMENTS. MR. SPIELMAN, I CONCUR WITH THE AMENDMENT. MR. MANCHACA, I CONCUR WITH THE AMENDMENT. MS. CRUZ, I CONCUR WITH THE AMENDMENT. MR. ZIKA, I CONCUR WITH THE AMENDMENT. MR. ZUNA, I CONCUR WITH THE AMENDED MOTION. MR. VASQUEZ, I CONCUR WITH THE AMENDMENT. MR. BOEZ, I CONCUR WITH AMENDMENT CHAIR ORIAN AND I CONCUR WITH THE AMENDMENT. MOTION PASSES. UM, WHERE'S THE APPLICANT AT? OH YEAH, IF YOU COULD WITH STAFF THEY CAN HELP, UH, EXPLAIN WHAT WE JUST DID AND WHAT YOUR OPTIONS ARE MOVING FORWARD. THANK YOU. ALL RIGHT. IT'S 2 54. Y'ALL LIKE TO HEAR ONE MORE OR TAKE A BREAK NOW CAN WE TAKE A BREAK? OKAY, WE'RE GONNA TAKE A BREAK. WE'LL SEE Y'ALL IN ABOUT NINE MINUTES. 3 0 4, IT'S THREE OH SEVEN. I CALL THE MEETING, UH, BACK INTO SESSION. I BELIEVE WE'RE ON ITEM NUMBER SIX. YES, BO 8 23 1 0 3 0 0 9 1 1 9 1 9 1 ADDRESS IS 1 8 1 7 SOUTH PRESTA COUNCIL DISTRICT FIVE APPLICANT IS HERRERA JUAN AND TIA HERRERA. A REQUEST FOR ONE A SEVEN FOOT 10 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE TWO FEET, TWO INCHES FROM THE FRONT PROPERTY LINE AND TWO A THREE FEET SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE ONE FEET SIX INCHES WITH ONE FOOT OVERHANG WITH GUTTERS FROM THE SIDE PROPERTY LINE AND THREE A FOUR FOOT EIGHT INCH VARIANCE FROM THE MINIMUM AND 15 FEET CLEAR VISION REQUIREMENT TO ALLOW A FENCE TO BE 10 FEET FOUR INCHES FROM THE CURB. THE ZONING IS R FOUR RESIDENTIAL SINGLE FAMILY CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED ALONG SOUTH SPRING STREET, SOUTH OF WEST CAESAR CHAVEZ BOULEVARD ON THE WEST SIDE OF SAN ANTONIO. THE APPLICANT BEGAN CONSTRUCTION A DETACHED CARPORT BUT WAS HALTED BY CODE ENFORCEMENT FOR BUILDING WITHOUT A PERMIT. STAFF DID NOT OBSERVE ANY SIMILAR CARPORTS IN THE AREA. ADDITIONALLY, AN EXISTING FENCE WAS ENCROACHING INTO THE CLEAR VISION MEASURING AT 10 FEET FOUR INCHES FROM THE CURB. AND THE DRIVEWAY DEPTH IS APPROXIMATELY 27 FEET [01:55:01] FROM THE FRONT PROPERTY LINE. THIS IS YOUR SITE PLAN WITH YOUR VARIANCES AND YOUR SUBJECT PROPERTY AND THE ALTERNATE VIEW, ANOTHER ALTERNATE VIEW. AND THIS IS YOUR SIDE SETBACK MEASUREMENT AND THIS IS YOUR OVERHANG AND YOUR CLEAR VISION MEASUREMENT. STAFF RECOMMENDATION FRONT INSIDE SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO O 8 23 1 0 3 0 0 1 9 1 BASED ON THE FOLLOWING FINDINGS, THE PROPERTY HAS SUITABLE SPACING TO MEET THE REQUIRED SETBACKS AND TWO, NO OTHER SIMILAR CAR PORTS WERE OBSERVED IN THE AREA. STAFF RECOMMENDATION, CLEAR VISION VARIANCE. STAFF RECOMMENDS APPROVAL AND B O A 23 1 0 3 0 0 1 9 1 BASED ON THE FOLLOWING FINDINGS, VE TRAFFIC WILL NOT BE OBSTRUCTED WITH THE REDUCED CLEAR VISION AND NOTIFICATION PLAN. STAFF NOTE, DO 49 NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION AND PROSPECT HILL NEIGHBORHOOD ASSOCIATION IS IN FAVOR. THIS CONCLUDES STAFF PRESENTATION AND APPLICANT SHOULD BE AVAILABLE. ALRIGHT, IS THERE ANY QUESTIONS FOR STAFF BEFORE WE GO ON TO THE APPLICANT. ALL RIGHT. HEARING NONE, LET'S HAVE THE APPLICANT COME FORWARD PLEASE. WE'RE GONNA NEED SPANISH TRANSLATION SERVICES. OKAY. HELLO. IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE. UH, JUAN. MY NAME IS JUAN HERRERA, SOUTH SPRING. MY ADDRESS IS, UH, FIVE 15 SOUTH SPRING AND I'M HERE BECAUSE THEY ARE REQUESTING ME TO REDUCE THE SPACE AND I WANT TO TALK ABOUT IT. AND AS YOU CAN SEE, THERE ARE NO TREES OR ANYTHING. AND, UM, NEPHEW OF MY WIFE CAME OVER AND WE THOUGHT THAT IT WAS EASY, JUST GO AHEAD AND DOING IT. AND HONESTLY, I DIDN'T KNOW I HAVE TO WORK EVERY DAY. I DIDN'T KNOW THAT I NEEDED A PERMIT. OKAY. AND I DON'T HAVE ANY KIND OF PROBLEMS WITH MY NEIGHBORS. I TOLD THEM THAT IF THEY HAD ANY ISSUE, THEY COULD LET ME KNOW AND THEY DIDN'T. THEY HAVE NO ISSUES. OKAY. BUT THE DECISION IS YOURS. I, THERE IS NOTHING ELSE I CAN DO. WELL, LET'S, WELL FIRST LET'S SEE IF WE HAVE ANY QUESTIONS FROM THE COMMISSION. IS THERE ANYONE WHO HAVE A QUESTION? QUESTION FOR THE APPLICANT? CRUZ, COMMISSIONER CRUZ? UH, THE ROOF TO THE CARPORT ON THE RIGHT HAND SIDE TO, IF YOU'RE LOOKING AT THE FRONT OF THE HOUSE TO THE RIGHT, IS THAT NAME. HOW FAR APART IS THE ROOF FROM THE NEIGHBOR? SIX FEET. OKAY. AND WOULD HE HAVE A PROBLEM PUTTING IN GUTTERS IF WE, IF, UH, THAT WOULD BE EASIER. YOU, I WOULDN'T HAVE ANY PROBLEM DOING IT, BUT MY NEIGHBORS DOESN'T HAVE ANY ISSUE IN THE WAY IT IS RIGHT NOW. UH, SO THE RAIN DOES NOT GO INTO HER YARD? NO. NO IT DOESN'T. OKAY. THANK YOU. COMMISSIONER BENAVIDES, CAN YOU GO TO THE FRONT PHOTO OF THE, YEAH, SO THE TREE, SO THE GATE OPENING IS NOT, IS OFFSET BY THE FRONT OF THE, AND ALSO THERE'S A TREE THERE. DOES HE PLAN ON REMOVING THAT BUSH THAT'S THERE? [02:00:01] THE THREE, I ONLY TRIM IT. IT DOESN'T, IT IS NOT A MASTER, BUT IF YOU LOOK AT THE FENCE, THE OPENING, HOW IS HE GETTING INTO THE CARPORT? IS IT, IT LOOKS LIKE IT'S OFFSET CENTER. NO, IT DOESN'T. IT IS THE ANGLE OF THE PICTURE. OKAY. CIA, ANY OTHER QUESTIONS? MANNA COMMISSIONER MANNA, UM, IF WE GO TO THE NEXT PICTURE ON THE SUBJECT PROPERTY. OKAY. SO, SO IS THE, SO IT APPEARS THAT THE CARPORT, IS IT ATTACHED TO THE ORIGINAL ROOF OF THE HOUSE? NO, IT'S NOT. ALL THE WAY OF THE ROOF IS IN THE BEAMS. SO, SO IT LOOKS LIKE BEFORE THE CARPORT WAS THERE, THE RAIN FELL OFF OF THE PREVIOUS ROOF, FRONT AND BACK. AND NOW IT LOOKS LIKE YOU'RE MOVING IT TO THE SIDE. WOULD THAT BE TRUE? SO IF YOU GO TO THE PREVIOUS PICTURE, I THINK, YEAH, THERE WE GO. SO, SO WE CAN SEE THE PRIOR ROOF, UM, WAS FRONT TO BACK SLOPED. AND YOUR NEW ROOF IS SLOPED SIDE TO SIDE. I'M SORRY, I DON'T UNDERSTAND THE QUESTION. WELL, I GUESS I'M FOLLOWING UP WITH REGARDS TO THE PRIOR DIALOGUE FROM MS. CRUZ WITH REGARDS TO THE RUTH AND THE WATER RUNOFF. AND ONE THING, BECAUSE IT IS SO CLOSE TO YOUR NEIGHBOR'S PROPERTY, UM, WE LIKE TO DISCOURAGE WATER RUNNING ONTO NEIGHBOR'S PROPERTY. AND THEN, UM, TO MITIGATE THAT, UH, WE'D LIKE TO HEAR FROM THE APPLICANTS WITH REGARDS TO THE INSTALLATION OF GUTTERS. SO, SO I'M GONNA, I'M GONNA, I'LL INSTALL, I'M GONNA EXPAND ON HIS LINE OF QUESTIONING. SO HE HAS, YOU HAVE AN EXISTING, UM, UM, ROOF AND THEN YOUR, YOUR, YOU HAVE ANOTHER, THIS ROOF OF YOUR CARPORT, WHICH IS TURNED 90 DEGREES ON THE PITCH, IT LOOKS LIKE YOUR ROOF IS FLOATING AND IT, AND IT EXTENDS PAST AND TOUCHES THE TOP GABLE OF THE, OF THE EXISTING ROOF. IS THAT WHAT IT'S HAPPENING? I THINK SO. OKAY. UH, 'CAUSE SO IS IT, IS IT, IS IT CONNECTED? LIKE DO THE, DO THE SHINGLES CROSS OVER AND NO, THEY'RE NOT CONNECTED? IT LOOKS LIKE IT'S ATTACHED, BUT IT'S NOT. YEAH, IT'S JUST VERY CLOSE. YES. OKAY. ALRIGHT. HAS THERE ANY OTHER QUESTIONS? MENCHACA, COMMISSIONER MENCHACA, UH, WHY SO HIGH? IT'S HIGHER THAN THE, THAN THE OTHER PORCH BECAUSE I SAW ONE LIKE THIS AND I LIKED IT, SO I JUST DID IT THE SAME WAY. ANYONE ELSE? WELL, UM, IS THERE ANYTHING ELSE YOU'D LIKE TO, TO TELL US BEFORE WE DELIBERATE? NO, THAT'S OKAY. UM, THAT'S IT. MANNA. OKAY. COMMISSIONER MANNA. I, I WILL STATE THAT I'M GONNA HAVE A HARD TIME, UH, GOING THROUGH THE DIALOGUE IF WE DON'T AT LEAST TALK ABOUT GUTTERS. UM, AND YEAH. AND WOULD THE, WOULD THE APPLICANT BE OPEN TO AMENDING THEIR APPLICATION TO INCLUDE GUTTERS? YES, I WILL INSTALL THE GUTTERS. SO HE'S FORMALLY, HE NEEDS TO STATE THAT HE'S FORMALLY AMENDING HIS APPLICATION TO INCLUDE GUTTERS. I FORMALLY AMEND MY APPLICATION TO INSTALL GUTTERS. ALRIGHT, THANK YOU. SO WE HAVE AN APPLICATION THAT NOW [02:05:01] INCLUDES GUTTERS, ZUNIGA ALSO ON THAT TREE, HE'S GONNA HAVE TO CUT IT DOWN. UM, ENOUGH FOR, FOR THE CLEAR VISION. YOU MEAN THAT, UH, ON THE RIGHT SIDE OF THAT LARGE BUSH? YEAH. YEAH. THREE FOOT TO FOUR FOOT OR THREE FOOT TO SEVEN FOOT STAFF. DOES VEGETATION COUNT TOWARDS CLEAR VISION? NO, SIR. UH, UH, UM, ARE REALLY, UM, I THOUGHT IT WAS THREE FOOT TO SEVEN FOOT. YOU HAD TO HAVE THREE FOOT SEVEN FOOT CLEAR VISION FOR ANY SHRUBBERY IN THAT CLEAR VISION FIELD. THAT'S MY UNDERSTANDING. YEAH. CLEAR VISION IS, UH, FOR FENCES OVER THREE FEET. BUT, BUT YOU CANNOT, MY UNDERSTANDING IS YOU CAN'T HAVE VEGETATION IN THAT CLEAR VISION AREA BETWEEN THREE AND SEVEN FOOT. THAT'S CORRECT. OH, WHAT SECTION IS THE U D C? IS THAT, UH, I DON'T HAVE IT MEMORIZED. I'M SORRY. . I'M GONNA LOOK IT UP. I WAS JUST LOOKING AT THIS PAST WEEKEND, WE HAVE A HOME IN OUR NEIGHBORHOOD OR AN INTERSECTION IN OUR NEIGHBORHOOD THAT'S KIND OF GOING THROUGH THAT CHALLENGE RIGHT NOW MYSELF. IS THAT IN THE, UH, INFRASTRUCTURE, LIKE THE DRIVEWAY AREA? I THINK IT'S UNDER 5 0 6, PERHAPS 35. FIVE 11. LANDSCAPING SAYS THAT ANY PLANTING PLACED IN THE CLEAR VISION AREA MUST COMPLY WITH THE STRICT, WITH THE RESTRICTIONS CONTAINED IN 35 5 0 6. SO, YEAH, SO WHICH IS THREE FOOT TO FIVE, THREE FOOT TO SEVEN FOOT HAS TO BE OPEN, RIGHT? SO SHAVED OR WHATEVER. I DON'T KNOW. I, IT DOESN'T REALLY GIVE A LOT OF DETAILS WITH REGARDS TO, I WOULD ASSUME PREDOMINANTLY OPEN IN THAT SPACE, WHICH WOULD BE SHAVED. LET ME, UH, MR. CHAIRMAN, LET ME ASK A QUESTION. YEAH, GO AHEAD. COMMISSIONER ZUNIGA, UH, OH. ON THE, ON THE TREE THERE, HE HAS TO TRIM IT DOWN BELOW THREE FEET SO WE CAN SEE THE, OR IF HE'S GONNA, HE, I THINK HE MENTIONED IT THAT HE MIGHT CUT IT ALL THE WAY DOWN. BUT IF YOU ASK FOR IT, WELL, GOING TO HAVE TO TRIM IT ALL THE WAY DOWN TO THREE FEET. AT LEAST THREE FEET. WELL, DEPENDING ON HOW, WHAT WE APPROVE, IF IT'S IN THE AREA, IT NEEDS TO BE, OH, NO, GOOD. OKAY. I'LL REMOVE IT. OKAY. BUT YEAH, IT, IT IS ALL GONNA DEPEND ON WHAT MOTION, UH, IS READ AND IF IT GETS APPROVED, THAT'LL SET THE TONE FOR WHAT HAS TO BE REMOVED OR WHAT DOESN'T. SO, UH, I THINK THAT WE'RE AT A POINT WHERE WE'RE, WHY DON'T WE HAVE SOMEONE READ A MOTION WHERE THEY THINK WOULD BE, UM, AMICABLE TO THE COMMISSION AND WE'LL TAKE IT FROM THERE, MAN. COMMISSIONER MANNA NINE ONE, RIGHT? UH, NINE ONE. YES. YOU HAVE TO READ THE MOTION OFF THE PRESENTATION HERE. WHAT? YOU CAN HAVE TO READ IT OFF THE PRESENTATION, JUST NOT ON THE MOTION. YES. UH, I HAVE IT. I CAN READ IT. OKAY. 1 9 1 SITUATED AT IT DOESN'T SAY WHAT THE MOTIONS ARE, IT JUST SAYS, OH, YEAH, I SEE WHAT YOU'RE SAYING. IT'S LEFT OFF. OH YEAH, GO AHEAD HERE. SO RE UH, REGARDING CASE NUMBER BO 8 2 3 1 0 3 0 0 1 9 1, I MOVED THE BOARD OF ADJUSTMENT GRANT REQUEST FOR, UM, A SEVEN FOOT 10 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE TWO FOOT TWO INCHES FROM THE FRONT PROPERTY LINE WITH GUTTERS TO A THREE FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE ONE FOOT SIX INCHES WITH ONE INCH OVERHANGS WITH GUTTERS FROM THE SIDE PROPERTY LINE. AND THREE, A FOUR FOOT EIGHT INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT FOR A PREDOMINANTLY OPEN FENCE TO BE 10 FOOT FOUR INCHES FROM THE CURB, UH, LOCATED AT FIVE 15 SOUTH SPRING STREET. APPLICANT BEING JUAN HERRERA BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CARE PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE E D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE FOR THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST REPRESENTED, UH, REPRESENTED BY SETBACK REQUIREMENTS TO PREVENT WATER RUNOFF AND ADEQUATE SPACING BETWEEN PROPERTIES. [02:10:01] THE APPLICANT'S REQUESTED A VARIANCE TO THE FRONT SETBACK AND SIDE TO ALLOW A DETACHED CARDBOARD TO BE TWO FEET, TWO INCHES FROM THE FRONT PROPERTY LINE AND ONE FOOT SIX INCHES, UH, WITH ONE INCH OVERHANG WITH GUTTERS FROM THE SIDE PROPERTY LINE. THE CARPORT IN ITS CURRENT LOCATION HAS ADEQUATE SPACING FROM THE SIDE AND FRONT PROPERTY LINE. THE APPLICANT IS ALSO REQUESTING A CLEAR VISION VARIANCE TO ALLOW AN EXISTING FENCE TO BE 10 FEET FOUR INCHES FROM THE CURB. STAFF FINDS THAT THE REQUEST WILL NOT BE CONTRARY TO THE PUBLIC INTEREST AS THIS IS AN, AN ACCEPTABLE DISTANCE AND THE FENCE IS MADE OF PREDOMINANTLY OPEN MATERIALS. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF FINDS SPECIAL CONDITIONS ON THE SUBJECT PROPERTY. THE CURRENT SIZE OF THE LOT LIMITS THE DEVELOPMENT OF A CARPORT, MEANING THE REQUIRED SETBACKS WOULD NEGATIVELY IMPACT ITS SIZE AND USE. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT ALTERING THE FENCE TO MEET THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT FOR THAT DRIVEWAY. THIS WOULD RESULT IN UNNECESSARY HARDSHIP AS A FENCE IS EXISTING AND THERE IS LIMITED SPACING IN THE FRONT YARD TO COMPLY WITH REQUIREMENT THREE. BY GRANTING THE VARIANCE, THE SPARE OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN EXACT LETTER OF THE LAW. THE GRANTING OF THE FRONT AND SIDE SETBACK VARIANCE MAY OBSERVE THE SPIRIT OF THE ORDINANCE. THE LOT IN ITS CURRENT SIZE LIMITS THE DEVELOPMENT OF A CARPORT. THE CLEAR VISION REQUEST TO ALLOW FENCE TO BE 10 FEET FOUR INCHES FROM THE CURB WILL OBSERVE THE SPIRIT OF THE ORDINANCE BY PROVIDING A SAFE DISTANCE BETWEEN THE TWO POINTS, ALLOWING VEHICULAR TRAFFIC TO BE NOT OBSTRUCTED. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED. AND THE ZONING DISTRICT IN 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 ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED. IT. GRANTED THE CARPORT WILL BE TWO FEET, TWO INCHES FROM THE FRONT PROPERTY LINE AND ONE FOOT SIX INCHES WITH ONE INCH OVERHANG. UH, WITH GUTTERS FROM THE SIDE PROPERTY LINE, THE DISTANCE OF THE CARPORT FROM ADJACENT PROPERTY IS REASONABLE AND THE INSTALLATION OF GUTTER WILL MITIGATE THE WATER RUNOFF. THE REQUEST WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. IF GRANTED, THE CLEAR VISION DISTANCE WILL BE 10 FEET FOUR INCHES FROM THE CURB. THIS DISTANCE OF THE FENCE IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THESE FENCES IN THE AREA WERE OBSERVED. SIX. THE APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS LIMITING LIMITED SPACING ON THE PROPERTY, MEANING THE SETBACKS REQUIRED WILL NEGATIVELY IMPACT THE USE OR NEGATIVELY AFFECT, I'M SORRY, THE USE OF THE CARPORT, THE APPLY TO THE OWNER PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON PROPERTY SUCH AS HAVING SMALL FRONT YARD AND OF MOTION. SECOND. SECOND BY COMMISSIONER ZUNIGA. COMMISSIONER MANNA. SO, UM, I'LL, I'LL BE APPROVING THIS AS READ AND I THINK FOR A COUPLE REASONS. ONE IS, UM, IT DOESN'T SEEM OUTTA CHARACTER WITH WHAT I SAW IN THE, IN THE COMMUNITY AS I GOOGLE DROVE AROUND. UM, SECOND IS, UM, YOU KNOW, I I THINK THAT THE, THE, WHERE THE PLACEMENT OF THE CARPORT IS, UM, IN, UM, I GUESS IN CON NEXT TO ITS EXISTING NEIGHBORS, I, I DON'T THINK WILL IMPACT THEM AS, ESPECIALLY IF WE FOLLOW THE CLEAR VISION REQUIREMENT OF, OF, OF MINIMIZING THAT BUSH AND HAVING THE PREDOMINANTLY OPEN FENCES, UH, AROUND IT. SO I'LL BE VOTING IN FAVOR. COMMISSIONER ZUNIGA? YES, I CONCUR THE SAME. UH, BUT HOPEFULLY, UH, THE APPLICANT, UH, FOLLOWS THE LAWS OF OUR NATION AND LAWS THAT MUNICIPALLY THE NEXT TIME THAT HE BILLS. THANK YOU. THANK YOU. ANYONE ELSE LIKE TO ADD UNA COMMISSIONER ZUNA? YES. SO I'LL BE IN, UH, SUPPORT OF THE MOTION AS READ AS WELL. UM, I THINK THE MAJOR ISSUE FOR ME WAS THE, THE GUTTERS AND THE WATER AND THERE'S ENOUGH SETBACK IN THE FRONT SO IT DOESN'T IMPACT THE NEIGHBORS. AND WE SAW NO OPPOSITION FROM EITHER NEIGHBORS ASSOCIATION OR THE MOST THE NEIGHBORS MOST IMPACTED. AND WITH THE HIM REMOVING THAT TREE, I THINK IT CLEARS THAT CLEAR, CLEAR VISION ISSUE FOR ME. AND IT'S PREDOMINANTLY OPEN A GARAGE, SO, UH, I'LL BE SUPPORTING IT. ALRIGHT, THANK YOU. IF THERE'S NOTHING ELSE, LET'S HAVE A ROLL CALL. VOTE. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. ZIKA. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. MENCHACA? I CONCUR. MS. CRUZ I CONCUR. MS. BENAVIDEZ I CONCUR. MR. OZUNA? I CONCUR. MR. VASQUEZ. COMMISSIONER VASQUEZ, [02:15:02] I CONCUR UP AND DOWN. ? NOPE. MR. BOEZ? I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDING PIECE OF FACT. MOTION PASSES. UM, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. ALL RIGHT, THANK YOU. SO WE'RE GOING TO, WE'RE GONNA HEAR ITEM NUMBER 15 AT THIS TIME. UM, THE SHORT TERM RENTAL. WE'RE GONNA GO THROUGH ALL OF THEM OR NO, JUST THAT ONE. GOOD AFTERNOON. MY NAME IS ASHLEY LIAL, WOMEN SERVICES. ITEM NUMBER BO A DASH 23 3 9. APPLICANT MANANA SOHI IS REQUESTING FOR AN APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE THE SHORT-TERM RENTAL PERMIT LOCATED AT THE, LOCATED AT 36 0 2 MANWAY BAY ZONED RESIDENTIAL SINGLE FAMILY DISTRICT IN COUNCIL DISTRICT THREE. THE SUBJECT PROPERTY INITIALLY APPLIED FOR A SHORT-TERM RENTAL PERMIT ON SEPTEMBER 16TH, 2021, AND WAS APPROVED BY STAFF ON NOVEMBER 8TH, 2021. OPERATORS ARE REQUIRED TO REPORT REVENUES TO THE CITY'S FINANCE DEPARTMENT ON A MONTHLY BASIS. THIS INCLUDES REPORTING $0 IN REVENUE. THE CITY'S FINANCE DEPARTMENT WHO MANAGE AND REPORT WHO MANAGES REPORTING AND COLLECTIONS SERVICES FOR THE CITY OF SAN ANTONIO, NOTIFIED THE OWNER OF THE S T R OF DELINQUENT PAYMENTS OR REPORTS ON THEIR HOTEL OCCUPANCY TAX ACCOUNT VIA EMAIL ON MARCH 15TH, 2023. SECTION 16 DASH 10 D STATES THAT FAILURE TO TIMELY REPORT AND PAY HOTEL OCCUPANCY TAX WITHIN 90 DAYS SHALL RESULT IN PERMIT REVOCATION. NO PAYMENT WAS MADE WITHIN THE 90 DAYS, THEREFORE THE PERMIT WAS REVOKED ON JUNE 29TH, 2023. IN ACCORDANCE WITH SECTION 16 DASH 1111 OF THE CITY'S CODE OF ORDINANCES, THE CITY'S FINANCE DEPARTMENT ESTIMATES THAT $24,667 AND 80 CENTS IS OWED HOTEL OCCUPANCY TAX. THIS IS THE DELINQUENCY NOTICE SENT TO THE OWNER ON MARCH 15TH, 2023 FROM THE CITY'S FINANCE DEPARTMENT. THIS IS THE SITE PLAN OF THE PROPERTY SUBMITTED AT THE TIME OF THE APPLICATION. THIS IS THE SUBJECT PROPERTY AND THE NEXT THREE SIDES OF THE SURROUNDING AREAS. AS YOU CAN SEE, IT'S ALSO IN A RESIDENTIAL DISTRICT. STAFF RECOMMENDS DENIAL IN BO O A DASH 23 DASH 0 3 0 1 99 BASED ON THE FOLLOWING FINDINGS OF FACT, THE ORDINANCE REQUIRES THAT STAFF REVOKE THE PERMIT FOR THE VIOLATION DESCRIBED IN THIS PRESENTATION. THE OWNER 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 TAX PAYMENTS. AND THE OWNER OPERATOR FAILED TO COMPLY WITH THE ORDINANCE EVEN AFTER ATTEMPTS WERE MADE TO INFORM THE APPLICANT ON MARCH 15TH, 2023 BY CITY STAFF. 32 NOTICES WERE MAILED OUT, ZERO IN FAVOR, ZERO IN OPPOSITION. AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET. THIS CONCLUDES STAFF PRESENTATION. APPLICANT IS HERE TO ANSWER ANY QUESTIONS AND THE CITY FINANCE DEPARTMENT IS ALSO PRESENT FOR ANY HOT ACCOUNT RELATED QUESTIONS. SO JUST TO PUT THIS OUT THERE, THEY GOT THEIR SS D R PERMIT NOVEMBER, 2021. UH, SO WHEN DID THEY, WHEN, HOW OFTEN DID THEY REPORT? WHAT MONTHS DIDN'T THEY REPORT? SO THEY'RE SUPPOSED TO REPORT MONTHLY, EVEN IF THEY MAKE ZERO REVENUE AND THEY HAVE NOT REPORTED SINCE FEBRUARY OF 2023. OKAY. SO THEN THEY, OKAY, SO NOTHING SINCE FEBRUARY OF 2023? CORRECT. ALRIGHT, THANK YOU. ANY OTHER QUESTIONS FOR STAFF BEFORE WE HAVE THE APPLICANT COME UP? UNA COMMISSIONER ZUNA. SO THE, THE ARREARS THAT THE CITY IS CLAIMING ON THE HOTEL, UH, TAXES, IS THAT FROM THE PERIOD OF, OF, UH, FEBRUARY TO FORWARD OR IS THAT FORDY BACK PERIODS AS WELL? I BELIEVE THE ESTIMATES FROM FEBRUARY, 2023 TO PRESENT THE ESTIMATES THAT IT'S OWED. OKAY. AND, UM, FINANCE DEPARTMENT IS ALSO HERE TO ELABORATE. OKAY. THANK YOU. MM-HMM. . ALRIGHT. SO LET'S HAVE THE APPLICANT COME UP. ALL RIGHT. IF YOU CAN TELL US YOUR NAME AND TELL US ABOUT YOUR CASE. SURE. MY NAME IS, UH, MANJOT SOHI. UM, I APPLIED FOR THIS SHORT TERM RENTAL IN, UH, SEPTEMBER OF 2021. UM, JUST TO GIVE YOU A QUICK KIND [02:20:01] OF BACKGROUND ON HOW IT CAME ABOUT IS THE PROPERTY IS OWNED BY A COUSIN OF MINE WHO WAS, UH, GONNA RENT THE PROPERTY OUT AND, UH, JUST KIND OF CONVINCED ME TO RENT IT FROM HIM AND PUT IT UP, UM, AS A SHORT TERM RENTAL. UM, THIS ISN'T SOMETHING THAT I'VE DONE IN THE PAST. UH, IT WAS SOMETHING THAT I WAS OPEN TO TRY AND LEARN ABOUT. UM, I DO OPERATE A WEDDING PRODUCTION COMPANY THAT IS MY FIRST AND FOREMOST PRIORITY. UM, AND AS I WAS LEARNING THROUGH THE PROCESS AND GETTING THE PERMITS AND DOING EVERYTHING I NEEDED TO DO, UM, I FOLLOWED THOSE STEPS TO MY, UM, KNOWLEDGE THE BEST THAT I COULD. AND I THINK IN FEBRUARY, 2023, UM, I HAVE BEEN TRAVELING OUT OF THE COUNTRY FOR MY WORK. I THINK IT'S BEEN ABOUT SEVEN DIFFERENT COUNTRIES UP UNTIL NOW. UM, I DON'T KNOW IF ANY NOTICES WERE MAILED TO THE HOME ITSELF, UM, BUT I'M NOT THERE PERSONALLY. UM, AND MY ASSUMPTION, AND I, I FAILED TO ASSUME WAS THAT I WOULD BE ABLE TO PAY TAXES. I ALWAYS HAD THE INTENTION OF KNOWING THAT IT'S SOMETHING I HAVE TO DO AND THAT I WILL DO IT. UM, I JUST DIDN'T KNOW THAT THERE WAS AN ACTUAL TIME CLOCK AND THAT IT WAS DUE EVERY 30 DAYS. UM, AND I'M ACTUALLY, YOU KNOW, GRATEFUL TO HAVE THIS KIND OF COME ABOUT TO KNOW EXACTLY WHAT I NEED TO DO MOVING FORWARD. UM, I AM FROM CALIFORNIA. I HOPPED ON A 2 45 FLIGHT TO BE HERE TODAY TO JUST TAKE THE ACCOUNTABILITY AND, UM, JUST KNOW THAT THE MESSAGE IS HEARD AND THAT I A HUNDRED PERCENT CAN GUARANTEE MOVING FORWARD THAT THE TAXES WILL BE PAID, UM, EVERY 30 DAYS. I KNOW YOU GUYS GOT A NEW PLATFORM. THE MINUTE I GOT THAT EMAIL THAT WAS SHOWED ON THE SCREEN, I WENT BACK AND DID ALL OF THE MATH, UH, ACCORDING TO THE AIRBNB RECORDS AND OUR PROFIT RECORDS TO PAY EVERYTHING THAT WAS UNPAID. UM, AND I BELIEVE NOW AUGUST WILL BE DUE. SO, UM, I'LL BE PAYING THAT AS WELL. UM, AND THE ONLY THING THAT I'M UNAWARE OF THAT IS KIND OF A FIRST FOR ME TO HEAR IS, UH, THE H O T THAT THE, THE $24,000 THAT WAS MENTIONED THERE. SO IF THERE'S ANY INFORMATION ON THAT, UM, I WOULD LOVE TO KNOW WHAT IT IS JUST SO I CAN PAY IT IF THAT, IF I, I, I DON'T IMAGINE THAT'S EXACTLY WHAT I OWE BECAUSE IT WOULDN'T MAKE SENSE WITH THE NUMBERS THAT I HAVE IN MY RECORDS. UM, BUT IF IT'S SOMETHING THAT IS LIKE A PENALTY OR WHATEVER IT IS, YOU KNOW, THIS IS A LEARNING PROCESS FOR ME. IF YOU CHECK MY RECORDS, I PAY MY TAXES, I PAY MY MORTGAGE ON TIME. I WOULDN'T BE HERE TODAY, UM, IF I DIDN'T TAKE THIS SERIOUSLY. UM, AND SO I'M, I'M HERE TO JUST KIND OF HEAR WHAT, WHAT I HAVE TO DO AND, AND KNOWING WHAT I HAVE TO DO, I'M POSITIVE AND GUARANTEE THAT I, I CAN GET IT DONE. AND SO AND SO SINCE MARCH, UH, WHEN THE CITY HAS, HAS SENT NOTICES OUT TO TODAY MM-HMM. , YOU HAVEN'T PAID ANY OF THE TAXES? I HAVE. YOU HAVE. SO I WENT, WHEN I RECEIVED THAT EMAIL, I WENT ONLINE AND I DID NOTICE LIKE A CHANGE IN PLATFORM. SO I KIND OF FIGURED OUT HOW TO OPERATE THAT NEW PLATFORM. AND I DID PAY FROM THE TIME THAT WAS UNPAID UP UNTIL JUNE, I BELIEVE. UM, AND I HAVE RECEIPTS OF THAT IN MY EMAILS AS WELL. OKAY. UM, ANY QUESTIONS FOR THE APPLICANT? ZUNIGA, BUT, UH, WHEN, WHEN HE SIGNED, UH, YOU KNOW, TO, TO BE AN INVESTOR OR A BUSINESS PERSON, AND, UH, THIS SITUATION HERE THAT WE HAVE, YOU DID SIGN THAT YOU WERE GOING TO BE EVERY 30 YEAR, UH, 30 DAYS. YOU WOULDN'T BE REPORTING IF YOU KNOW YOU HAD TAXES OR IF YOU DIDN'T. AND, UH, YOU'RE SAYING THE MAIL, UH, YOU PUT THE, THE ADDRESS WHERE THE MAIL WAS GOING TO BE GOING TO, RIGHT? UM, CORRECT. I DON'T RECALL EXACTLY, UH, IF I PUT THE PROPERTY ADDRESS OR MY HOME ADDRESS FOR THOSE LETTERS. UM, BUT IF IT WAS WRITTEN IN WHATEVER DOCUMENTATION, DOCUMENTATION THAT IT HAD TO BE PAID IN 30 DAYS TIME, I THINK THAT'S THE BIG THING THAT I MISSED. AND I COMPLETELY UNDERSTAND THAT. NO. UM, SO YES, YOU'RE CORRECT. OKAY. SO THE QUESTION WOULD BE TO STAFF, DID THEY MAIL, YOU KNOW, ANY CORRESPONDENCE TO YOU AT THE ADDRESS THAT YOU HAD PUT ON FOR THE BUSINESS FORMS THERE? UM, FOR R AND B? SO IF THE ADDRESS THAT WAS LISTED, AND I, AGAIN, I DON'T RECALL IF I, IF I LISTED THE PROPERTY ADDRESS OR MY HOME ADDRESS, BUT, UM, I DIDN'T RECEIVE ANYTHING AT MY HOME ADDRESS, WHICH IS IN CALIFORNIA. UM, IF THEY DID SEND IT TO THE SAN ANTONIO, UH, ADDRESS HERE, I DIDN'T PHYSICALLY RECEIVE IT BECAUSE I DON'T COME TO THIS PROPERTY OFTEN. OKAY. BUT YOU [02:25:01] WERE AWARE THAT YOU HAD TO REPORT EVERY 30 DAYS, IS THAT TRUE? UM, I WAS AWARE THAT THE TAXES HAD TO BE PAID. I WASN'T AWARE THAT IT HAD TO BE DUE RIGHT AT 30 DAYS. SO THE FIRST COUPLE OF MONTHS WHEN I STARTED THE AIRBNB, I THINK I EVEN WAITED MAYBE A COUPLE OF MONTHS AND THEN PAID SOME BACK TAXES ON JUST DOING THE MATH FROM LIKE, I BELIEVE SEPTEMBER TO JANUARY. UM, I HAVE ANOTHER PROPERTY IN WEST VIRGINIA AND THEY HAVE YOU PAY BY YEARLY. AND SO AGAIN, IT'S JUST ME HAVING THE LACK OF KNOWLEDGE AND JUST, WELL, THIS, THIS WAS STARTED, SO THEN IT WOULD BE, THEN IT WOULD BE FOR STAFF TO SEE STAFF NOTIFIED YOU. ONE. SECONDLY, IF YOU SIGNED, UH, THAT YOU WERE GOING TO BE EVERY 30 DAYS, REPORT TO HIM AS EVEN IF YOU HAD ZERO. SO, YOU KNOW, I WANNA, I WANNA CHIME IN ON THIS. THANK YOU. UH, THIS THING STARTED IN NOVEMBER OF 2021. WERE YOU INVOLVED IN THIS PROPERTY IN 2021? UM, SO THE FIRST CONVERSATION TOOK PLACE IN SEPTEMBER, 2021 BETWEEN, UH, ABBY AND SAMYA, WHICH ARE THE OWNERS. AND I SIGNED THE LEASE WITH THEM. AND SO YOU'RE RENTING FROM THEM AND THEN YOU ARE DOING THE S T R APPLICATION? CORRECT. OKAY. SO YOU, YOU, YOU STARTED THIS IN NOVEMBER OF 2021 ISH MM-HMM. . AND IN THAT TIME, IN THE YEAR 2022, YOU WERE FILING TIMELY AND PAYING TAXES? UH, I, I WASN'T FILING EVERY 30 DAYS, BUT I WOULD SAY, UH, I WOULD HAVE TO CHECK MY RECORDS ON THIS, BUT MAYBE EVERY THREE TO FOUR MONTHS OR SO I WAS PAYING THE TAXES. SO, SO WHAT'S HAPPENING HERE IS, IS IS THE CITY, THIS ISN'T DISCRETIONARY. THE CITY HAS A REQUIREMENT TO REVOKE THE PERMIT IF IT, IF IT GOES A CERTAIN AMOUNT OF TIME. OKAY. AND SO IT'S, IT, IT'S, IT'S HARD FOR US TO, YOU KNOW, WHAT WE'RE LOOKING FOR IS, YOU KNOW, MAYBE THERE WAS A, THERE WAS, UM, A, AN ADDRESS OR AN EMAIL THAT WAS JUST INCORRECT THE ENTIRE TIME, OR MAYBE THERE WAS, UH, AN ATTEMPT TO PAY AND THERE WAS A COMPUTER PROBLEM OR SOMETHING MM-HMM. , I MEAN, THAT, THAT'S ONE THING. BUT IF, IF, IF YOU'RE NOT DOING THIS EVERY 30 MONTHS, THE CITY HAS TO, I MEAN, THEY HAVE TO TAKE IT AWAY. I UNDERSTAND. AND SO THAT'S, THAT KIND OF TIES OUR HANDS A LITTLE BIT. SO WE'RE, WE'RE, WE'RE, LOOK, WE'RE LOOKING TO SEE IF THERE'S SOMETHING OTHER THAN WHAT WE'RE HEARING THAT, I MEAN, IF THERE WERE NOTIFICA, LIKE, LIKE, UH, AND EVEN IF THEY DIDN'T NOTIFY YOU, YOU STILL HAVE THAT OBLIGATION. OKAY. AND SO THAT'S WHERE IT GETS A LITTLE TOUGH. I MEAN, THE CITY'S JUST DOING WHAT THEY'RE SUPPOSED TO DO. UM, I COMPLETELY UNDERSTAND. SO, OKAY. I, I, I DO WANT TO ADD AS WELL THAT REGARDLESS OF WHAT ADDRESS IT WAS MAILED TO, IT WAS ALSO EMAILED TO THE ADDRESS ON FILE WITH THE, WITH THE RECORD AS WELL. SO WE'VE HAD A COUPLE CASES, I THINK YOU'VE SEEN SOME OF THOSE IN THE PAST WHERE MAYBE MAIL WENT TO THE WRONG PLACE. SO THE FINANCE DEPARTMENT CONFIRMED. HOLD ON, HOLD ON. COMMISSIONER'S GONNA CONTINUE. YEAH. SO THE FINANCE DEPARTMENT IS SABRINA WITH THE FINANCE DEPARTMENT WHO'S HERE TODAY CONFIRMED THAT THEY ARE AS A MATTER OF POLICY, NOT JUST MAILING THOSE LETTERS OUT, BUT THEY'RE ALSO EMAILING THOSE LETTERS OUT TO MAKE SURE THAT THEY'RE GETTING TO THE, THE RECIPIENT. OKAY. COMMISSIONER ZUNIGA, I JUST WANTED TO HEAR, OH, OKAY. YEAH. AND THEN, UH, ANY OTHER COMMISSIONER QUESTIONS A QUESTION? OH, A QUESTION FOR STAFF. YES. COMMISSIONER, BACK WHEN THEY OPENED THIS IN 2021, NOVEMBER EIGHT, AT THAT TIME, WAS IT EVERY 30 DAYS AS WELL? IT WAS THAT, THAT, THAT HAS BEEN A REQUIREMENT SINCE FEBRUARY OF 2019 WHEN THE ORDINANCE TOOK EFFECT. SO NO TIME HAS THIS EVER CHANGED? IT'S ALWAYS BEEN THE SAME. SO WHEN WE FILL IT OUT, WE KNOW THAT FROM THE VERY BEGINNING. YES, SIR. CAN I CONFIRM THE EMAIL THAT THOSE EMAILS WERE SENT OUT TO? SURE, YEAH. UH, DO YOU KNOW, DO YOU HAVE THE EMAIL ADDRESS THAT IT WAS SENT TO? YES. IT'S M E E N A AT INTEGRITY HOME GROUP LLC.COM. AND UH, WHAT EMAIL WAS IT EXACTLY LIKE, BECAUSE UNDER MY, WITH MY UNDERSTANDING, THE ONLY EMAIL I RECEIVED WAS THE ONE IN MARCH WAS, WHICH WAS THE ONE I REPLIED TO RIGHT AWAY AND STARTED TO DEVELOP A PLAN TO GET THIS TAKEN CARE OF. AND, AND THE CITY'S OBLIGATION IS IT'S AFTER NINE, AFTER 90 DAYS, THAT'S WHEN THEY SHALL REVOKE THE PERMIT. THAT'S CORRECT. SO, SO IF YOU'RE MAKING YOUR, EVEN THOUGH YOU'RE SUPPOSED TO DO IT EVERY 30, IF YOU'RE DOING IT EVERY TWO MONTHS, IT'S STILL WITHIN, IT'S STILL, I MEAN, IT'S NOT WHAT THEY WANT YOU TO DO, BUT IT'S, IT, IT HAS TO HIT 90 DAYS BEFORE THEY HAVE HAVE THE REQUIREMENT TO TAKE IT AWAY. AND SO, YOU KNOW, I GUESS YOU'VE BEEN A LITTLE FORTUNATE ALL THIS TIME, BUT, UM, IS IT, I MEAN, IF THERE'S ANYTHING ELSE, I HAVE ANOTHER QUESTION FOR STEPH. YES. IN REGARDS TO PREVIOUS PAYMENTS ON THIS PROPERTY, WHEN WERE THEY MADE? WERE THEY SPORADIC? WERE THEY JUST, SO THERE WERE THREE PAYMENTS. UM, THE FIRST PAYMENT THAT WAS SUBMITTED WAS IN DECEMBER OF 2021, AND THAT WAS FOR JANUARY, 2019 TO NOVEMBER, 2021. NEXT PAYMENT WAS MARCH, 2022. AND THAT WAS FOR DECEMBER, 2021 TO FEBRUARY, 2022. AND THE [02:30:01] FINAL PAYMENT WAS AGAIN ON MARCH 16TH, 2023. AND THAT WAS FROM MARCH, 2022 TO FEBRUARY, 2023. OKAY. SO THAT WAS ABOUT A YEAR GAP IN THERE WHEN NOTHING WAS PAID? CORRECT. OKAY. SO REALLY IN REALITY, THE CI CITY SHOULD HAVE TAKEN THIS AWAY A YEAR AGO. THEY'RE JUST, YOU KNOW, FINALLY GETTING AROUND TO, TO, UH, LOOKING AT SOME OF THESE, THERE'S SO MANY OF THEM, BUT MM-HMM. , THEY REALLY SHOULD HAVE BEEN TAKEN AWAY A YEAR AGO. SO, ALRIGHT, IF THERE'S NOTHING ELSE, ANY OTHER QUESTIONS? COMMISSIONER ZUNIGA? UH, YOU'RE SAYING YOU'RE, UH, SOMEBODY ELSE OWNS THE HOUSES OR INSTEAD OF YOU THAT ARE RUNNING THE, THAT YOU HAVE RIGHT NOW? UM, IT'S JUST ONE HOUSE HERE IN SAN ANTONIO? YES. IT'S OWNED BY MY COUSIN AND HIS WIFE. AND YOU MENTIONED ANOTHER NAME? UH, YEAH. UH, ABBY AND SAMYA, THEIR HUSBAND AND WIFE, THEY'RE RENT IT, UH, THEY'RE CONTRACTED TO YOU OR THEY THEY'RE THE OWNERS OF THE HOME. THEY RENT IT TO HER, RENT IT TO HER, AND THEN SHE'S GOT THE S T R. OH. SO IF THE CITY TAKES AWAY THE S T R, CAN, THE CURRENT OWNERS OF THE HOME REAPPLY? NOT FOR 12 MONTHS. OKAY. SO THERE'S A, I DIDN'T KNOW HOW THAT WORKED. IF, AND THAT IS FROM THE ORIGINAL DATE OF THE REVOCATION. THAT IS NOT FROM TODAY. THAT'S FROM THE DAY WE INITIALLY MADE THE DECISION TO REVOKE THE PERMIT BACK IN JUNE. JUNE. OKAY. ALRIGHT. SO WITH THAT, I'M LOOKING FOR A, LOOKING FOR, THERE'S NO PUBLIC COMMENTARY WANTS TIME TO SPEAK ON THIS? WE HAVE, THIS IS NO PUBLIC COMMENT. ALL RIGHT. I'M LOOKING FOR A MOTION. YES. COMMISSIONER BENAVIDES. IS THAT TRUE? WELL, THAT'S WHAT WE'RE, THAT'S WHAT WE'RE GOING TO, THAT'S WHAT WE'RE DECIDE, THAT'S WHAT WE'RE DECIDING ON. YEAH. AND IF I COULD JUST MAKE A LAST STATEMENT, IT WOULD, OH, YOU, YOU KNOW, GO AHEAD. IT WOULD, IT WOULD HONESTLY JUST BE THAT I WAS UNAWARE AND I'M A HUNDRED PERCENT AWARE NOW, IF IT'S DUE IN 30 DAYS, IT'LL BE PAID IN 30 DAYS. YOU KNOW, I UNDERSTAND YOU GUYS HAVE TO DO YOUR JOB IF THAT'S, YOU KNOW, A FAIL THAT I HAVE TO TAKE HOME WITH, AND HOPEFULLY IN THE NEXT ONE, THAT'S SOMETHING THAT I CAN LEARN FROM. BUT THANK YOU FOR YOUR TIME. ALL RIGHT. THANK YOU. COMMISSIONER BEES. OKAY, REGARDING CASE NUMBER BO O A 23, 103 0 0 1 99, I MOVE THAT THE BOARD OF ADJUSTMENTS GRANT THE APPEAL FOR THE PROPERTY SITUATING, UH, SITUATED AT 36 0 2 MAUI BAY. APPLICANT BEING, AND I, I APOLOGIZE IF I MISPRONOUNCE IT, UH, MANJOT SOHI BECAUSE THE INFORMATION PROVIDED BY THE APPLICANT SHOWS THAT THE CITY STAFF MADE AN ERROR IN REVOKING THE SHORT-TERM RENTAL PERMIT. SECOND. SECOND BY COMMISSIONER, UH, ZUNIGA, COMMISSIONER BETIS. SO I, FIRST OF ALL, I, IT'S OBVIOUS THAT EITHER YOU WERE UNAWARE OR, UM, DID NOT DECIDED TO MAKE THE PAYMENTS ON YOUR OWN. YOU KNOW, WHEN YOU DECIDED TO MAKE THEM ONE YEAR, YOU WERE VERY LUCKY THAT, YOU KNOW, AS OUR, UM, AS MY COLLEAGUE MENTIONED, UM, THAT YOUR SHORT TERM RENTAL, UH, PERMIT WAS NOT REVOKED SOONER. SO YOU'RE VERY LUCKY IN THAT. BUT I WOULD HOPE THAT NOW WITH ALL OF THIS INFORMATION THAT YOU HAVE, THAT YOU'RE ON TIME, TIME WITH THESE PAYMENTS, IT'S NOT MS. ZUNIGA, I'LL BE VOTING NO, UH, THE PROPER PROCEDURES THAT WERE TAKEN, MY STAFF, AND THERE'S NO PROOF THAT STAFF REALLY ERROR IN, UH, ACTIONS. THANK YOU. ANYONE ELSE LIKE TO ADD HEARING NONE US HAVE A ROLL CALL. VOTE. MS. BENAVIDEZ? YES. OH, YOU HAD A QUESTION? OH, COMMISSIONER VASQUEZ? UH, YES. UH, I WOULD LIKE, UH, TO ADD, MY COMMENT IS THAT, UH, IT IS CUSTOMARY THAT, UH, PEOPLE THAT ENTER INTO A BUSINESS, UH, UH, YOU KNOW, UH, BUSINESS , EXCUSE ME, UH, HAVE TO EXERCISE DUE DILIGENCE. AND, UH, UH, I, I FEEL THAT, UH, THAT THERE WAS NO ERROR ON THE PART OF, UH, OF, UH, THE, THE FINANCE DEPARTMENT. AND THAT IS MY POSITION. THANK YOU. THANK YOU. AND SO, JUST TO RE JUST AS A REMINDER, IF YOU VOTE YES, YOU'RE VOTING FOR THE APPLICANT, IF YOU VOTE NO, YOU'RE VOTING SIDING WITH THE CITY'S, UH, REVOCATION OF THE PERMIT. SO LET'S CONTINUE WITH THE ROLL CALL VOTE PLEASE. COMMISSIONER BEES, I VOTE YES FOR THE APPLICANT. COMMISSIONER [02:35:02] ZIKA? NO. MR. SPILLMAN? I DO NOT AGREE. NO. MR. MACHACA? NO. MS. CRUZ? YES. MR. MANNA? NO. MR. OZUNA, I DO NOT CONCUR. MR. VASQUEZ? NO. MR. BOEZ? NO. CHAIR ORIAN AND I VOTE NO. UH, MOTION FAILS. EIGHT TO TWO. YOU CAN GET WITH STAFF, THEY CAN GIVE YOU SOME GUIDANCE PERHAPS OF WHAT YOU CAN DO MOVING FORWARD. BUT, UM, YOU KNOW, THANK YOU. GOOD LUCK ON YOUR, ON YOUR PRO, ON YOUR, UH, ENDEAVORS. APPRECIATE IT. THANK YOU. MM-HMM. . ALL RIGHT, WE'RE GONNA GO, UM, BACK TO ITEM SEVEN, LOCATED AT THREE 11 EAGLE LAND DRIVE. ITEM NUMBER SEVEN, BO OH 8 23 1 0 3 0 0 1 9 2. ADDRESS IS THREE 11 EAGLE LAND DRIVE COUNCIL. DISTRICT ONE APPLICANT IS CHRISTOPHER GILL. A REQUEST FOR A THREE FOOT FIVE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SITE SETBACK TO ALLOW AN ACCESSORY DWELLING WITH AN OVERHANG TO BE ONE FOOT SEVEN INCHES FROM THE SIDE PROPERTY LINE ZONING IS RN FOUR RESIDENTIAL MIXED CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED ALONG EAGLE LAND DRIVE BETWEEN THE INTERSECTIONS OF MISSION STREET AND ADAM STREET. THE APPLICANT IS CONSTRUCTION AND ACCESSORY DWELLING WITH AN OVERHANG TO BE ONE FOOT SEVEN INCHES FROM THE PROPERTY LINE. ACCESSORY DWELLINGS CONSTRUCTED IN SAN ANTONIO REQUIRED TO MAINTAIN FIVE FEET FROM THE SIDE PROPERTY LINE AND MUST OBTAIN A VARIANCE TO DEVIATE FROM THIS MINIMUM REQUIREMENT. A RESIDENTIAL NEW BUILDING PERMIT WAS ISSUED AND PLANS INDICATED NO OVERHANG. HOWEVER, OVERHANG WAS ADDED DURING CONSTRUCTION UPON SITE VISITS THAT DOES. STAFF DID NOT OBSERVE ANY ACCESSORY DWELLINGS IN THE AREA TOWARDS THE SITE IN FRONT OF THE PROPERTIES. APPLICANT INDICATED PROPERTY OWNER WILL RESIDE ON PROPERTY WHEN CONSTRUCTION'S COMPLETED. STAFF INFORMED APPLICANT THAT A DUPLEX WITH ACCESSORY DWELLING UNIT OVER 800 SQUARE FEET WILL REQUIRE A SEPARATE VARIANCE. HOWEVER, THREE UNITS IS PERMITTED ON THE PROPERTY. APPLICANT INDICATED THEY'LL WORK ON MEETING A REQUIREMENT OR WILL APPLY FOR HER PARKING VARIANCE. THIS IS YOUR SITE PLAN, AND THIS IS THE SUBJECT PROPERTY, UH, SHOWING THE OVERHANG. AND THIS IS THE SIDE SETBACK, AND THIS IS YOUR SURROUNDING AREA. STAFF RECOMMENDATIONS, SITE SETBACK. STAFF RECOMMENDS DENIAL M B O 8 23 1 0 3 0 0 9 2 BASED ON THE FOLLOWING FINDINGS, THIS DISTANCE IS NOT SUITABLE AS AN IMPOSES ON THE PUBLIC INTEREST OF THE ADJACENT NEIGHBOR. BY BEING TOO CLOSE TO THE SHARED PROPERTY LINE AND RUNNER WATER RUNOFF MAY IMPOSE AND RISK OF FIRE SPREAD IS GREATER. YOUR NOTIFICATION PLAN, 21. NOTICES WERE MAILED OUT, ZERO IN FAVOR. 11 IN OPPOSITION. KING WILLIAM ASSOCIATION DID NOT RESPOND. THIS CONCLUDES, THAT'S PRESENTATION AND APPLICANT IS AVAILABLE. AND HERE'S THE PUBLIC, UH, RESPONSES. AND HOW, HOW MANY UNITS ARE JUST FOR ONE OR DID THREE. THREE. THAT'S WHAT I THOUGHT. I, YOU SAID. ALL RIGHT. THANK YOU. IS THERE ANY QUESTIONS FOR STAFF AT THIS TIME? NO. LET'S HAVE THE APPLICANT COME FORWARD. GOOD AFTERNOON, COMMISSIONERS. UM, SO I GUESS FIRST I WANT TO MAKE SURE IT'S CLEAR THAT THE, UM, THE ADJUSTMENT IS ONLY FOR THE OVERHANG. SO THIS, THERE WAS AN EXISTING A D U ON THE PROPERTY, UH, WHEN I PURCHASED IT. IT WAS IN REALLY BAD SHAPE OVER THE COURSE OF A FEW MONTHS. WE WORKED WITH HISTORIC TO FIGURE OUT WHAT THE BEST RENOVATION PLAN WAS. WE WORKED WITH SOME OF THE EXTERIOR MATERIALS. THE MASSING, UM, FOUND A WORKABLE SOLUTION, THE, THE OVERHANG, THE EXISTING OVERHANG THAT WAS THERE. AND, AND I THINK STAFF SHOWS SOME PHOTOS OF THE EXISTING STRUCTURE THAT SO SHOWS ABOUT 16 INCH OVERHANG THAT WAS [02:40:01] EXISTING ON THE ACCESSORY DWELLING UNIT. WE REDUCED THAT TO ABOUT 12 INCHES. SO TO CREATE A LITTLE BIT MORE SPACE, UM, WE HAVE A CERTIFICATE OF APPROPRIATENESS. THIS WAS APPROVED THROUGH HISTORIC, UM, WITH OVERHANGS ON BOTH SIDES, AGAIN, AS WAS EXISTING ON THE ACCESSORY DWELLING UNIT. WE THEN WENT TO FINISH THE, THE PERMITTING PROCESS. UM, AND, AND DURING THAT PRO PROCESS, I GUESS THE CITY REVIEWER CITED THE OVERHANG ON ONE SIDE. I'M NOT SURE THE COMMUNICATION WITH HISTORIC WHAT WAS THERE OR NOT, BUT THE ARCHITECT ENDED UP, UM, GETTING THE FINAL PERMIT, REMOVING THE OVERHANG, WHICH WAS NOT IN COMPLIANCE WITH THE CERTIFICATE OF APPROPRIATENESS ISSUED BY HISTORIC. UM, WE WENT INTO CONSTRUCTION. I DIDN'T REALIZE THAT THE SECOND OVERHANG HAD BEEN REMOVED UNTIL WE WERE TRYING TO GET OUR FINAL BILL, UM, FRAMING PERMIT. AND IT WAS CITED BY THE BUILDING INSPECTOR THAT THERE WAS A NONCOMPLIANT OVERHANG ON THE BACKSIDE OF THE PROPERTY. UM, LET'S SEE. WE ADDED A, I I I NOTICED TWO OF THE CONCERNS WAS, UH, FIRE AND WATER RUNOFF. UM, THAT WALL OF THE PROPERTY IS FIRE RATED BECAUSE IT WAS, UM, THE EXISTING STRUCTURE WAS TOO CLOSE. SO WE WENT AHEAD AN HOUR ADDED A FIRE RATED WALL ON THE SIDE THAT, THAT BORDERS OUR NEIGHBOR. UM, WE'VE ALSO DISCUSSED WITH THE NEIGHBOR ABOUT ADDING GUTTERS ON BOTH, BOTH SIDES. THEIR, THEIR OVERHANG IS ALSO IN THE, THE PROPERTY SETBACK. SO WE BOTH KIND OF ADD GUTTERS TO BRING WATER FORWARD TO EAGLE LAND. UM, OBVIOUSLY REMOVING THE, THE SOFFIT THAT'S EXISTING IS NOT IN COMPLIANT WITH THE CERTIFICATE OF APPROPRIATENESS, BUT LOOK PRETTY ODD WITH, WITH THE HISTORIC NATURE OF THIS AREA. UM, AND AGAIN, THIS WAS AN EXISTING CONDITION OF THE ACCESSORY DWELLING UNIT THAT WAS THERE. SO I DON'T KNOW THAT THE, UM, CITY REVIEWER WAS CORRECTLY INTERPRETING CODE TO REQUIRE THAT THAT BE REMOVED WHEN GETTING A NEW RENOVATION PERMIT FOR AN EXISTING STRUCTURE. IF YOU HAVE ANY QUESTIONS, LEMME KNOW. I I JUST A COUPLE CLARIFICATIONS. DID YOU, DID YOU TAKE THIS, DEMO THIS DOWN TO SLAB AND REBUILD IT? UH, NO. SO THE EXISTING FOUNDATION WAS USED AND SEVERAL OF THE EXTERIOR WALLS WERE ALSO REUSED IN THE RE THE RENOVATION. DID YOU SPEND MORE THAN 50% OF THE APPRAISED VALUE ON THE EXISTING BUILDING? NOT THE LAND, BUT JUST THE BUILDING? UH, UH, WE HAVEN'T FINISHED THE STRUCTURE YET, BUT NO, I DON'T THINK SO BECAUSE THAT, BECAUSE THAT'S, THAT'S WHERE A LOT OF THIS COMES FROM. IF YOU SPEND, LIKE, IF THAT, IF THE VALUE OF THAT, OF THAT A D D U AS IT STOOD WAS LIKE $80,000 OR SOMETHING, IF YOU SPEND MORE THAN $40,000 TOWARDS THIS PROJECT, YOU HAVE TO COMPLY WITH ALL THE NEW CODES, WHICH REQUIRES A FIVE FOOT SETBACK. IT DOESN'T MATTER WHAT IT WAS BEFORE, IT DOESN'T MATTER WHAT HISTORIC SAYS. SO, UM, REAL QUICK, THE U D C CHANGE IN 2003 CHANGED IT FROM THE APPRAISED VALUE TO 50% OF THE BUILDING FOOTPRINT, NOT THE APPRAISED VALUE. OH, NOT THE APPRAISED OF A, OF A A D D U. I THOUGHT THAT WAS JUST SINGLE FAMILY HOME. UH, IT FOR RESIDENTIAL USE, SINCE THIS IS A RESIDENTIAL USE PART OF THE RESIDENTIAL USE, IT WOULD APPLY TO THAT TO THE FOOTPRINT. CORRECT. SO HOW DID Y'ALL CALCULATE THE 50% IF HE, IF HE'S KEEPING EXTERIOR WALLS, DID THE 50% GET IT? DID IT EXTEND PAST THE 50% THEN? LIKE HOW WAS THAT CALCULATED IF HE'S REUSING THE FOUNDATION AND AND REUSING SOME OF THE EXTERIOR WALLS? YEAH. UM, WHEN IT WAS REVIEWED, IT, IT DIDN'T MEET THE, THE NON-CONFORMING, UM, WELL, ONE, ONE, THERE WAS NOT, THERE WAS NO NON-CONFORMING APPLICATION TURNED IN. BUT WHEN WE REVIEWED IT FOR THE BO O A CASE, WE SAW THAT IT DIDN'T MEET THE, THE NON NON-CONFORMING STANDARDS. I, I NOTICED THAT THE AP NUMBER ON THE BUILDING PERMIT IS NOT FOR A RENOVATION OR AN ALTERATION. IT'S FOR A NEW BUIL, A NEW RESIDENTIAL BUILDING, WHICH, WHICH WOULD MAKE SENSE. BUT I THINK THERE'S SOME CONFUSION WITH DID THAT, DOES THAT EXPLAIN TO YOU ABOUT THE 50% RULE NOT BEING ON THE PRAISE VALUE, BUT ON THE FOOTPRINT IN THE CITY'S DETERMINATION THAT YOU WERE EXCEEDING THAT? YEAH. THAT, THAT NEVER CAME UP IN THE REVIEW PROCESS. OKAY. UM, SO THAT'S, BUT DO YOU HAVE, DO YOU UNDERSTAND WHAT IS GOING ON AND, AND HOW THIS IS APPLIED THEN? UM, NOT EXACTLY. I SUPPOSE WE, WE WENT THROUGH HISTORIC, WE WORKED THROUGH THAT. WE WENT TO THE CITY REVIEWER. WE WERE ISSUED A PERMIT THAT DID NOT HAVE THE OVERHANG, BUT THE REST OF THE STRUCTURE WAS, WAS FULLY YEAH, THAT, SO WHAT WHAT'S HAPPENING IS, IS THAT YOU, YOU HAVE A, YOU HAD AN EXISTING STRUCTURE. THE CODE USED TO SAY THAT IF YOU SPENT A PERCENTAGE OF THE PRAISE VALUE, BUT THAT RECENTLY CHANGED TO BE MORE THAN 50% OF THE FOOTPRINT, UH, BECAUSE YOU'RE IN A RESIDENTIAL DISTRICT. SO THE CITY HAS DETERMINED THAT YOU WERE EXCEEDING 50% OF THE EXISTING, UH, ACCESSORY DWELLING UNIT TO CREATE THIS, THIS, UH, THIS NEW STRUCTURE. AND IN, AND IN DOING SO, YOU HAD TO COMPLY WITH THE FIVE FOOT SETBACKS. IT HAD NOTHING TO DO WITH THE OVERHANGS. IT'S, WE'RE NOT, [02:45:01] I MEAN, EVEN IF YOU TOOK OFF THE OVERHANGS, IT'S STILL, YOU STILL HAVE TO BE FIVE FEET AWAY. AND SO IS IS, UM, I DON'T KNOW HOW TO, HOW TO, THIS, THIS IS KIND OF MAKES IT A LITTLE AWKWARD THEN, BECAUSE, YOU KNOW, THIS ISN'T ABOUT YOU GETTING RID OF OVERHANGS. THIS IS ABOUT MOVING THE WHOLE BUILDING OVER. SO, HM. MANANA WHAT CITY'S INTERPRETATION, I MEAN THE CITY BUILDING CODE MADE THEIR INTERPRETATION OF YEAH, HE'S PERCENT LEVEL WAS, AND YEAH, THEY'RE SAYING HE EXCEEDS IT. SO HE HAS TO COMPLY WITH THE FIVE FOOT SETBACK, MANNA COMMISSIONER, MANNA. SO CAN YOU BRING UP GOOGLE, UM, AND DRIVE ON THE STREET THERE SO WE CAN SEE WHAT THE PREVIOUS BUILDING LOOKED LIKE? HE SAID IT HAS TO BE FIVE FEET. WHAT WAS IT BEFORE? WAS IT A SINGLE UNIT AND YOU'RE NOW, YOU'RE CREATING THREE? NO, NO, NO, IT'S JUST THERE WAS A SINGLE, THERE WAS ACTUALLY TWO UNITS THERE AND WE'RE REDUCING IT DOWN TO ONE. I I THOUGHT HE WAS PUTTING IN THREE UNITS. THERE'S, UH, THE MAIN STRUCTURE IS A DUPLEX. OH, OKAY. YOU'RE NOT TALKING ABOUT JUST THE A D U, YOU'RE TALKING ABOUT THE WHOLE SITE. CORRECT. OKAY. SO THAT, SO WHAT IS SHOWN THERE IS THE, IS THE PRIOR UNIT, UM, RIGHT. THERE IS, IS THAT TRUE? THAT'S CORRECT. OKAY. AND THEN, AND THEN YOU'VE GONE TO THE OTHER STRUCTURE. SO, OKAY. SO I'M JUST TRYING TO UNDERSTAND, UM, WHAT IT WAS THAT WAS BEING CHANGED, I GUESS. BUT YOU'RE KEEPING THE FOUNDATION, YOU DIDN'T REPLACE THE FOUNDATION. YEAH. IT'S ALREADY BEEN KEPT. YES. MM-HMM. . SO, OR WE'RE CLEAR THAT THAT'S MORE THAN 50%. YEAH, I MEAN, IS IT 50% OF, I MEAN, YOU'RE OBVIOUSLY MOVING AROUND INTERIOR WALLS. I MEAN, THIS NEW STRUCTURE'S MUCH TALLER. IT'S GOT A DIFFERENT ROOF PITCH ON IT. UM, SO IF YOU MOVE TO THE LEFT, UH, GO DOWN THE STREET A LITTLE BIT AND THEN TURN BACK AND LOOK AT THE, LOOK AT THE BUILDING. THERE WE OH, TOO FAR. MAYBE GO BACK A LITTLE BIT, A LITTLE BIT MORE. THERE WE GO. SO, SO TRY TO UNDERSTAND THE WHOLE LINE THERE. SO, SO IS IT ALL THE WAY TO THAT TAN BUILDING IS WHAT'S BEEN REPLACED, IS THAT THE SIZE OF THE PROPERTY? CORRECT. YEAH. YEAH. SO THAT'S, IT'S ONE CONTINUOUS STRUCTURE. WE ADDED THE PORCH BETWEEN WHERE THOSE TWO, I GUESS, WINDOWS THAT ARE FACING TOWARD THE STREET. UM, BUT EVERYTHING WAS DONE AGAIN ON, ON THE EXISTING FOOTPRINT OF, OF THE A D U THAT WAS THERE. UH, EXCUSE ME. ARE YOU SAYING THE EXISTING FOOTPRINT, THAT THAT ATTACHMENT WERE THE TWO WINDOWS WAS, WAS THE SAME SLAB AS THE ONE IN THE FRONT? UH, SO THERE'S NOW A PORCH THERE, WHICH MAY BE WHY IT LOOKS, HAS THAT WEIRD JOGGING. AND ON THE CURRENT STRUCTURE, THERE'S, THERE'S A PORCH THERE. BUT YES, THAT'S ALL IN THE SAME FOOTPRINT. THANK YOU. IT'S A QUESTION FOR STAFF. YEAH. COMMISSION. DO WE NEED TO RE NOTIFY THIS IF THERE IS A 50%, UM, RESTRICTION ON ON, OH NO, THIS, THIS WOULD TAKE CARE OF IT IF, IF THIS IS APPROVED? WELL, THE, THE STAFF IS SAYING THAT BECAUSE OF THE 50%, THE APPLICANT'S COMING BEFORE US. SO IF HE GETS THIS VARIANCE AND THEN IT, IT'S IRRELEVANT ABOUT THE 50% BECAUSE HE, HE HAS HIS VARIANCE. SO, SO ANOTHER QUESTION FOR STAFF. SO THE HISTORIC REVIEW, I GUESS GAVE YOU CERTIFICATE OF WHAT, LIKE APPROPRIATENESS, UM, THE PLANS THAT WERE SUBMITTED, WHICH INCLUDED THE, THE OVERHANG THAT THAT'S, THAT'S CORRECT. AND I'VE GOT A COPY OF THAT. SO WE EXCLUDE THE OVERHANG AS THE MOTION THAT THIS BOARD TAKES. AND THAT WOULD, WE WOULD NOW BE NONCOMPLIANT WITH THE RECIPIENT. WE'RE NON-COMPLIANT WITH THE HISTORIC, RIGHT. HISTORIC. SO YOU'RE KIND OF CAUGHT BETWEEN WHICH BOARD CITY BOARD WOULD YOU BE COMPLIANT WITH? RIGHT. AND THE REMEDY HERE WOULD BE TO GRANT THE VARIANCE PERHAPS IN UM, CORRECT. AND OBVIOUSLY, BECAUSE YOU DON'T HAVE TO GO BACK TO HISTORIC TO HAVE THAT, UH, THEM REVIEW THAT CHRIS ELEMENT OR THE CUTOFF OF THE OVERHANG. SO I'VE, I'M SORRY, I WANNA, I WANNA READ THIS SECTION OF THE U D C E AND I AND THAT WE'RE ALL TALKING ABOUT. SO THIS NONCONFORMING USE SECTION OF, UH, SECTION 35 7 0 7, A NON-CONFORMING RESIDENTIAL DWELLING UNIT IN WHICH LESS THAN 50% OF THE BUILDING FOOTPRINT IS DESTROYED OR DAMAGED, MAY BE REBUILT, PROVIDED A BUILDING PERMIT IS ISSUED WITHIN ONE YEAR OF THE DATA SUCH DAMAGE OR CONSTRUCTION. BUT IF SOMEONE'S ELECTIVELY DOING SOMETHING, WOULDN'T IT STILL, WOULDN'T IT FALL UNDER THE 50% OF THE APPRAISED VALUE? BECAUSE IT WASN'T DIS I MEAN THIS, THE EXISTING WASN'T DESTROYED BY A RAIN OR A FLOOD OR A FIRE OR A CAR HITTING IT OR SOMETHING, RIGHT? I MEAN, NO, THAT'S CORRECT. IT WAS, I MEAN, A, A GENTLEMAN WHO OBVIOUSLY OWNED THIS PROPERTY AND DIDN'T, DIDN'T KEEP UP WITH IT. SO BECAUSE THE, THE SECTION ABOVE THIS TALKS ABOUT [02:50:01] WHEN SOMETHING IS DAMAGED OR DESTROYED FROM ANY CAUSE WHATSOEVER. AND I THOUGHT THAT WAS THE ONE WHERE THE CITY WAS USING THE ELECTIVE. I'M GONNA DEMO AND THEN I'M GONNA GET A PERMIT. SHOULDN'T SHOULDN'T HE BE FALLING UNDER THE 50% OF THE APPRAISED VALUE, WHICH STILL PUTS HIM IN THE SAME BOAT HE IS IN NOW. UM, SO IT ALMOST DOESN'T EVEN MATTER WHICH ONE THAT THEY'RE FOLLOWING. I MEAN, IT STILL MEANS HE SHOULD COME HERE. BUT I JUST, I JUST WANT TO MAKE SURE THAT EVERYONE'S CLEAR ABOUT, ABOUT THIS. I, I'M NOT, AND THAT'S WHY I WAS ONE OF THE QUESTIONS I ASKED. SO, SO, SO IN A WAY, SO IF, SO THERE'S TWO PROVISIONS. ONE OF THEM IS IF YOU, IF IT'S MORE THAN 50% OF THE APPRAISED VALUE, IF IT'S LESS THAN HE CAN JUST BUILD IT. OKAY. THE OTHER ONE SAYS THAT IF YOU EXCEED 50% OF THE BUILDING FOOTPRINT, BUT IT, BUT IT'S, IF THAT'S, IF IT'S DESTROYED OR DAMAGED, MAYBE REBUILT, IT DOESN'T TALK ABOUT YOU ELECTIVELY GOING FOR A BUILDING, PERMITT CHANGING EVERYTHING. AND SO I THINK EITHER WAY THAT IT'S LOOKED AT, I STILL THINK HE SHOULD COME HERE. YOU KNOW? 'CAUSE IT'S NOT A RENOVATION ANYMORE. IT'S TOO, IT'S TOO EXTENSIVE. RIGHT. AND THEN, AND THAT'S WHAT I WAS GONNA SAY. 'CAUSE YOU KNOW, IF WE LOOK AT THIS PICTURE HERE THAT'S SHOWN AND THEN WE LOOK AT THE, THE, THE FLOOR PRINT, THE ROOF, THE ROOF LINE IS CHANGED DRAMATICALLY WHERE THE, I WOULD ASSUME THAT THE ENTIRE FRONT NOW IS A PORCH, UM, GOING, UH, AS ALONG THE, THE, THE OTHER PICTURE SHOWN. BUT I GUESS WHERE I GOT CONFUSED IS IT LOOKS LIKE THE OVERHANG IS THE SAME OVERHANG THAT EXISTED PREVIOUSLY. AND SO THAT, THAT'S WHY I'M CONFUSED WITH REGARDS TO THE OVERHANG DIALOGUE. WELL, UM, YEAH, I THINK THE, THE IT, THE VARIANCE IS SAYING, UM, TO ALLOW AN ACCESSORY DWELLING WITH OVERHANG TO BE ONE FOOT SEVEN, I DON'T, I DON'T THINK IT'S, THEY'RE NOT TRYING TO SAY IT'S JUST THE OVERHANG. I THINK IT'S THE ENTIRE BUILDING THAT HAPPENS TO HAVE AN OVERHANG. 'CAUSE IF HE WAS AT FIVE FEET, THE OVERHANG CAN GO UP TO TWO FEET. AND, BUT SINCE WE'RE WITHIN THE THREE CORRECT, BECAUSE IT'S ONLY THREE FEET, IT'S BASED OFF OF THE OVERHANG AND THE APPRAISED VALUE PORTION IS ONLY HAS TO DO WITH NON-RESIDENTIAL AND THE NON-CONFORMING IT, IT, IT DOESN'T APPLY IT'S RESIDENTIAL ANYMORE. OKAY. YEAH. AND THAT'S, AND THAT'S WHERE IT GETS CONFUSING BECAUSE THAT'S THE PART THAT SAYS, UH, DESTROY DAMAGE OR DESTROYED FROM ANY CAUSE WHATSOEVER, WHEREAS THE OTHER ONE DOESN'T. AND SO IT, SO IT'S, IT'S CONFUS. SO WHEN DURING THE 2022 UNIFIED DEVELOPMENT CODE, WE BROKE THAT OUT IN 35 7 0 6 E WHERE WE DIFFERENTIATE THE WAYS IN WHICH NON-CONFORMING USES AND IT'S UH, BY DESTRUCTION OR DAMAGE OF STRUCTURE. WE BROKE THAT OUT THERE, BUT I DON'T THINK WE BROKE IT OUT IN THE OTHER SECTION. SO THAT WAS ACTUALLY A STATE LAW THAT SAID WE CAN'T USE VALUATION ON RESIDENTIAL PROPERTY. SO WE HAD TO CHANGE THAT TO THE SQUARE FOOTAGE. AND WASN'T THERE ALSO AN AMENDMENT ABOUT ALLOWING ACCESSORY STRUCTURES ON ONE SIDE TO BE THREE FEET OFF? WHY AM I THINKING OF OF THAT? THAT WAS THE ACCESSORY DWELLING UNIT SECTION THAT ALLOWED, UH, ADUS PROVIDED THEIR PERMITTED THAT WAY TO BE BUILT WITH THAT REDUCED SETBACK, BUT IT PROHIBITED AN EVE. OKAY. BUT SEE THAT, BECAUSE THIS IS RM FOUR HE'S PUTTING IN, HE CAN GO UP TO FOUR UNITS. IT'S NOT AN A D D U ANYMORE. IT'S, YEAH. MY UNDERSTANDING IS THAT THIS WAS PERMITTED AS ANOTHER DWELLING UNIT, NOT NECESSARILY AN ACCESSORY DWELLING UNIT. IS THIS IS, SO DO YOU UNDERSTAND WHAT WE'RE WE'RE TALKING ABOUT AT THIS POINT, SIR? SO WHAT HAPPENS IS YOUR ZONE RM FOUR AND BY RIGHT, YOU CAN HAVE UP TO FOUR UNITS APARTMENTS, BUT THEN THERE'S AN A D D U IS IS SOMETHING TO WHERE IT'S AN ACCESSORY TO THE MAIN STRUCTURE. THIS IS WHAT WE TALKED ABOUT, SIR. AND IF I COULD, UH, THE APPLICANT, UH, INDICATED THIS WILL BE AN ACCESSORY DWELLING UNIT, UH, WHEN THE REMODELING OR WHATEVER CONSTRUCTION IS COMPLETED. SO YOU'RE NOT, YOUR INTENT IS IF IT'S AN A D D U, THEN THE SETBACK REQUIREMENT'S THREE FEET. CORRECT. PROVIDED THERE IS NO E OVERHANG WHATSOEVER. PROVIDED THERE'S SO IS EVERYBODY CATCHING ALL THIS COMMUNICATE? SO THE APPLICANT IS SAYING IT'S GONNA BE AN A D D U, THE SETBACK IS NOT FIVE, IT'S THREE NOW. 'CAUSE THAT CODE CHANGED. SO NOW IT IS AN OVERHANG ISSUE. IS THE PRIME BUILDING THREE FEET AWAY FROM THE SIDE PROPERTY LINE? IT'S, IT'S WHATEVER WAS EXISTING. SO STAFF, DO YOU, DO YOU HAPPEN TO HAVE THAT WRITTEN DOWN? UH, I DO NOT KNOW THE PREVIOUS ONE. YOU THAT BACK PORTION? YEAH, THE, SO WE, THE PART WHERE THE BLUE CIRCLE IS WHERE IT'S CIRCLING OVER, IT WAS 30 INCHES. THERE, THERE WAS A DIMENSION. OKAY. SO WE HAVE 30 INCHES FROM THAT FENCE TO THE ACTUAL STRUCTURE. SO THE VARIANCE IS NOT JUST FOR AN OVERHANG, IT'S FOR A PORTION OF THE STRUCTURE AND AN OVERHANG JUST SO THAT EVERYONE'S AWARE. WELL, BUT I THINK THE FENCE IS IN, I DON'T KNOW THAT IT MATTERS, BUT I THINK THE FENCE IS ON MY PROPERTY ABOUT A FOOT BY ABOUT 1.1 FEET. WELL WHEN WE, WHEN WE READ VARIANCES, WE CAN, WE CAN'T GO ANY LESS THAN WHAT IS WHAT IS BEFORE US. WE CAN MAKE IT FURTHER, BUT WE CAN'T GO. SO YOU'RE ASKING RIGHT [02:55:01] NOW IS YOU'RE ASKING FOR A THREE FOOT FIVE INCH VARIANCE FROM THE MINIMUM FIVE FOOT. SO IF THE APPLICANT IS SAYING IT'S AN A D D U DOES THAT, CAN WE STILL HEAR THIS CASE? BECAUSE IT'S NOT A FIVE FOOT REQUIREMENT, IT'S A THREE FOOT REQUIREMENT. THE THREE FOOT REQUIREMENT IS ONLY IF THEY DON'T HAVE A OVERHANG. BUT BECAUSE THERE'S A OVERHANG THAT'S IRRELEVANT. HE HAS TO GO OUT THE, WE'RE GOING OFF THE FIVE FOOT SETBACK. OKAY. SO LET'S SAY THERE'S AN ASS, I MEAN, IF YOUR FENCE IS A FOOT OFF, THEN YOU BASICALLY GET A FREE FOOT FROM WHATEVER WE READ. IF WE'RE MEASURING EVERYTHING TO THE FENCE, UH, IT'S BECAUSE IT, BECAUSE OUR VARIANCE IS GONNA BE TO YOUR PROPERTY LINE, NOT TO THE FENCE. MM-HMM. . AND SO RIGHT NOW YOU'RE ASKING FOR A THREE FOOT, FIVE FOOT VARIANCE. BUT IF IT'S, IF HIS MINIMUM IS THREE FEET, I'M JUST ASKING IF, IF IT'S AN A D D U AND THE SETBACK IS THREE FEET AND HE'S ONLY ENCROACHING 10 INCHES COLLECTIVELY, IS THAT, DOES THAT, DO WE HAVE TO RE NOTIFY THIS OR IS WE STILL OKAY TO MOVE FORWARD? WELL, WE'RE, WE'RE STILL OKAY TO MOVE FORWARD. OKAY. I JUST WANNA MAKE SURE , SO IF THERE'S ANYTHING ELSE YOU'D LIKE TO ADD. I ACTUALLY, I HAVE ANOTHER QUESTION. SORRY. YES. UH, COMMISSIONER MANNA. SO, SO YOU KNOW, WE'D LOOKING AT THE, UM, RESIDENTS AROUND THERE, THERE'S A LOT OF OBJECTION I GUESS WITH REGARDS TO, UM, SEVERAL PEOPLE IN OPPOSITION. HAVE YOU HAD AN OPPORTUNITY TO TALK TO THEM TO FIND OUT WHAT THEIR MAIN OBJECTION WAS? UM, NO. OTHER THAN I'VE HAD CONTACT WITH THE TWO NEIGHBORS WHO ARE ON, DIRECTLY ON EITHER SIDE. ONE OF THEM IS PRESENT AND IN FAVOR OF, OF THE VARIANCE. AND MIKE, THE GENTLEMAN DIRECTLY BELOW, HAS COMMUNICATED ADDITIONALLY WITH STAFF THAT HIS TWO MAIN CONCERNS, UM, WERE WANTING A, A NEW PRIVACY FENCE SELECTED BETWEEN OUR PROPERTY LINES, WHICH, UM, IS FINE AS LONG AS O H P APPROVES IT. UM, AND THEN WANTING SOME WATER, UM, DIRECTION FOR RAINWATER BY, BY ADDING GUTTERS. AND THAT SEEMS TO BE A, A THEME HERE TODAY TO PUT GUTTERS ON. BUT I THINK THOSE WERE HIS TWO MAIN CONCERNS. AND, AND, AND SO THANK YOU FOR BRINGING UP THAT POINT. 'CAUSE I DID LOOK AT ONE OF 'EM AND, AND PART OF THE DIALOGUE WAS GUTTERS, YOU KNOW, SO, OR, OR WATER RUNOFF. AND THEN THE SECOND ONE WAS, UM, SO, SO WAS THIS PREVIOUSLY OCCUPIED? DO YOU KNOW WHEN THE LAST TIME IT WAS OCCUPIED? IT, IT WAS OCCUPIED. OKAY. AND SO, SO ESSENTIALLY THE, THE OCCUPANCY LOAD IS NOT CHANGING, UH, BECAUSE IT'S GONNA REMAIN IN A D U AND SO IT'S, WELL, IT'S GONE DOWN ACTUALLY. OKAY. BUT, BUT YOU KNOW, 'CAUSE ONE OF THE PEOPLE MENTIONED ABOUT NOISE AND, AND STUFF AND SO, SO I THINK THEY'RE IMPLYING BASICALLY THAT, YOU KNOW, THINGS WERE GONNA BE CHANGING. BUT IT SOUNDS LIKE IT TRULY IS NOT FROM WHAT I'M, FROM WHAT I'M GATHERING, COR CORRECT. THERE WERE, THERE WERE ACTUALLY TWO TENANTS AND AGAIN THAT THE BUILDING HAD ALL SORTS OF CODE ISSUES AND STUFF LIKE THAT. AND IT'S, IT'LL, IT'S ONLY A SINGLE WILL BE A SINGLE RESIDENCE FOR MYSELF WHEN I GET IT DONE . OKAY. BUT I'M HAPPY TO ADD GUTTERS. . WELL, WOULD YOU LIKE TO, WOULD YOU LIKE TO AMEND YOUR APPLICATION TO INCLUDE GUTTERS? YEAH, THAT WOULD BE FINE. AS, I GUESS AS LONG AS HISTORIC APPROVES IT, WHICH I ASSUME THEY WILL. OKAY. ANY OTHER COMMISSIONER QUESTIONS? COMMISSIONER ZUNA? DO WE HAVE ANY COMMENT, PUBLIC COMMENT? IS THERE ANY PUBLIC COMMENTARY? ANY ANYONE SIGNED UP TO ONE PUBLIC, ONE PERSON SIGNED UP TO SPEAK? OKAY. IT IS MRS. JENNIFER MAURY, THE STRUCTURE BUILT AT THREE 11 EAGLE LAND IS, PLEASE, PLEASE STATE YOUR NAME AND ADDRESS. OH, SORRY. JENNIFER MAURY, SIX 30 MISSION STREET. THE STRUCTURE BUILT AT THREE 11 EAGLE LAND IS A REMODELING OF THE A D U ONE YEAR AGO THE A D U. AND THIS IS ON THE BOOKS ON B C AD CONSISTED OF A 480 SQUARE FOOT GARAGE THAT I THINK SOMEONE WAS LIVING IN A 200 SQUARE FOOT SHED. AND A 300 AND SQUARE, 312 SQUARE FOOT LIVING AREA. THAT'S 992 SQUARE FEET OF STRUCTURE. WHAT'S NOW IN THAT SAME GENERAL AREA IS A REAR ACCELERATE ACCESSORY STRUCTURE THAT IS A THREE BEDROOM, TWO BATHROOM STRUCTURE. IT IS NO SEMBLANCE OF WHAT WAS THERE A YEAR AGO. UM, AS I'VE BEEN LOOKING THROUGH THE DIFFERENT PERMITS, H D R C REQUESTS THAT THERE ARE TIMES THE STRUCTURE IS REFERRED TO AS REMODELING AN ACCESSORY STRUCTURE WITH H T R C, BUT THEN ALSO THE PERMIT IS PULLED TO DO CONSTRUCTION AS NEW CONSTRUCTION. IT FEELS VERY CONFUSING TO ME, LIKE WE'RE PICKING AND CHOOSING WHAT WE'RE DOING HERE. WHAT'S, WHAT'S TO MY BENEFIT? THREE 11 EAGLE LAND HAS EXTENDED BEYOND THE ORIGINAL FOOTPRINT OF THE ROOF, CREATING A ROOF LINE THAT HAS BECOME SIGNIFICANTLY LARGER, LARGER OVERALL, IT'S A MUCH STEEPER ROOF LINE, CREATING MORE FORCE WITH WHICH THE WATER WILL DRAIN. THE ROOF LINE HAS CHANGED DIRECTION SO THAT INSTEAD OF THE WATER BEING DIRECTED TOWARDS EAGLE LAND, IT'S GOING INTO NEIGHBORS YARDS. UM, AND ALL OF THESE THINGS CONTRIBUTE TO POTENTIAL DAMAGE TO THE NATURE NEIGHBOR STRUCTURE [03:00:01] WITH THE LARGER IMPERIOUS COVER, THE LARGER ROOF SIZE ALSO HAS OUR PRECIOUS RAIN GOING STRAIGHT INTO THE STREET AND INTO THE CITY DRAINAGE RATHER THAN LANDING WHERE IT WOULD NATURALLY FALL AND HELPING OUR ENTIRE CITY TO KEEP HERITAGE TREES WATERED, WHICH HELPS WITH MITIGATING THE NEED FOR MORE AIR CONDITIONING. NOT TO MENTION THE RISK OF FIRE MOVING FROM ONE STRUCTURE TO THE OTHER, WHICH IS THE POINT OF SETBACKS IN THE FIRST PLACE. IF YOU ARE GOING TO DEMOLISH THE STRUCTURE, WHICH TO BE FRANK, I WATCHED THE WHOLE PROCESS. IT WAS TAKE TWO WALLS DOWN, LEAVE TWO WALLS UP JUST TO MAINTAIN THE FOOTPRINT. BUT IF YOU'RE GOING, I MEAN THERE WAS NEW, THERE WAS NEW, UM, FOUNDATION PUT ON THAT HOUSE, UM, UH, WHY, WHY WOULDN'T YOU JUST FOLLOW THE SETBACK? IF YOU WERE GOING TO DEMOLISH THE STRUCTURE TO PUT UP A NEW ONE, WHY WOULDN'T YOU FOLLOW THE SETBACK AND PREPARING FOR TODAY? I'VE SPENT SOME TIME OVER THE LAST WEEK LOOKING AT REQUESTS MADE BY AND ON BEHALF OF THE L L C, WHICH NOW OWNS THIS HOME. THE L L C, WHICH I UNDERSTAND IS BASED IN AUSTIN, SAW THIS HOUSE IN OUR NEIGHBORHOOD AS A GOOD DEAL WITH CIRCUMSTANCES THAT WOULD ALLOW THEM TO TAKE ADVANTAGE OF LOOPHOLES IN OUR PERMITTING PROCESS. AND WHAT THEY'RE HOPING FOR IS TO MAXIMIZE THEIR OWN PROFITS. OUR NEIGHBORHOOD IS ONE THEY WANTED TO BUY AND START THEIR SHORT-TERM RENTAL. AND PRECISELY FOR THE REASON THAT WE AS NEIGHBORS WATCH OUT FOR EACH OTHER. WE WATCH OUT FOR THE INTEGRITY OF OUR NEIGHBORHOOD AS CHANGES ARE MADE. AND WE ARE HERE, HERE IN THIS CITY, LIVING BOOTS ON THE GROUND DAY TO DAY TAKING CARE OF EACH OTHER. THE STRUCTURE USED TO BE FIVE DIFFERENT AFFORDABLE HOUSING UNITS IN A LOVELY NEIGHBORHOOD. THAT'S TRUE AS OF TODAY. THIS L L C IS OPERATING A SHORT-TERM RENTAL THERE IN OUR LOVELY NEIGHBORHOOD. UM, AND, UM, THEY AN ORD IN THE ORDINANCE. IT WAS ISSUED A VIOLATION TWO WEEKS AGO. SO RIGHT NOW THEY'RE OUT OF COMPLIANCE WITH THE ORDINANCE. PLEASE DENY THIS REQUEST AND STANDBY THE GUIDELINES THAT OUR COUNTY HAS SPENT DECADES CREATING TO KEEP OUR CITY PROGRESSING TOWARDS A SAFER AND HEALTHIER PLACE FOR US TO LIVE. AND AS MR. VASQUEZ SAID IN A PREVIOUS, WHEN SOMEONE ELSE WAS UP HERE, HE SAID, THE DUTY OF THE DILIGENCE IS ON THE OWNER BEFORE YOU DO THE BUILDING. AND I THINK THAT THAT'S VERY PERTINENT TO THIS CONVERSATION. THANK YOU. THANK YOU. SO WOULD THE APPLICANT LIKE TO COME UP AND MAKE A REBUTTAL BEFORE WE OPEN THIS UP FOR DELIBERATION? UH, YEAH. I'M A LONGTIME RESIDENT OF KING WILLIAM. I RUN A HOUSE AT 2 3 4 MADISON, HAVE BEEN IN THE AREA AND WAS EXCITED TO BECOME A HOMEOWNER. UM, I LIVE PART OF THE TIME IN AUSTIN AND EXCITED TO BE ON THE PROPERTY. UM, I LIKE BEING ABLE TO, TO RENT OUT A PORTION OF IT TO COVER THE EXPENSES AS THIS NEIGHBORHOOD IS OBVIOUSLY ONE OF THE MORE EXPENSIVE ONES IN SAN ANTONIO. UM, WE'VE, WE FOLLOWED THE PERMITTING PROCESS. WE SPENT SEVERAL MONTHS WORKING WITH THE STORE TO GET THIS APPROVED. WE WENT THROUGH THE CITY PERMITTING PROCESS AND UM, I I, I DON'T KNOW IF THIS WHOLE FIVE FOOT THING SHOULD HAVE BEEN MISSED, BUT IT WAS NEVER BROUGHT TO MY ATTENTION UNTIL WE'VE ALREADY PUT A LOT OF MONEY INTO, INTO RENOVATING WHAT WAS, WHAT WAS EXISTING. SO. OKAY. OONA JUST, UH, COMMISSIONER REALLY KIND OF SPEAKING TO THE HARDSHIP OF, IF, IF YOU WERE HAVING TO MEET THE, THE VARIANCE, UH, REQUIREMENTS HERE, WHAT THE HARDSHIP THAT WOULD COME TO YOU AND THE PROJECT IF YOU WERE HAD TO MEET ALL THE REQUIREMENTS HERE, SPEAK, SPEAK TO THE HARDSHIP. WELL, I GUESS THERE COULD BE A REQUEST TO TEAR DOWN THE EXISTING STRUCTURE AND MOVE IT OVER, WHICH O OBVIOUSLY WOULDN'T WORK. AND I WOULD, UM, YOU KNOW, AGAIN, WE WE, WE'VE GOT ALL THE PERMITTING DOCUMENTATION OF WORKING THROUGH WITH HISTORIC AND THEN WORKING THROUGH THE ACTUAL PERMITTING PROCESS. WE HAVE A PERMIT ISSUED BY THE CITY OF SAN ANTONIO THAT THEY DIDN'T BRING THIS UP IN THE PERMITTING PROCESS. SO OBVIOUSLY WE WENT FORWARD WITH A GOOD FAITH UNDERSTANDING THAT A PERMIT ISSUED BY THE CITY OF SAN ANTONIO IS THE PERMIT THAT WE HAVE TO FOLLOW. AND SO THIS ALL CAME UP WITH, WITH ONE ITEM THAT'S A 12 INCH OVERHANG ON THE PROPERTY, NOT THE FULL CONSTRUCTION. WE'VE HAD MULTIPLE CONSTRUCTION PERMITS AS WE'VE WORKED THROUGH THIS PROCESS. WE'VE HAD MULTIPLE FRAMING PERMITS THAT THIS WAS ONLY FINALLY BROUGHT UP TO US WITH OUR FINAL FRAMING INSPECTION BEFORE WE PUT UP SHEET ROCK AND STUFF, WHICH IS WHEN THIS WAS NOTED. SO, UM, I REALLY FEEL LIKE WE'VE DONE THE BEST WE CAN TO FOLLOW, FOLLOW THE PROCESS. SO THIS, THIS IS AN A D D U, THIS IS ACCESSORY DETACHED DWELLING UNIT, CORRECT? CORRECT. AND YOU'RE GONNA LIVE ON THE PROPERTY? THAT'S MY PLAN. OKAY. SO HE HAS THREE, HE HAS A THREE FOOT SETBACK. AND, AND, AND FOR ALL WE KNOW, YOU MAY BE, IF YOU GOT RID OF THAT OVERHANG, YOU COULD BE THREE FEET AWAY FROM THE ACTUAL PROPERTY LINE, CORRECT? UM, I MEAN, IF YOU'RE 30 INCHES FROM THE FENCE AND YOU'RE SAYING THE FENCE IS ALMOST A FOOT IN YOU, YOU WOULDN'T EVEN NEED TO COME HERE. CORRECT. AND IT SEEMED TO ME LIKE THERE WAS AN ARGUMENT TO PUSH BACK ON THE CITY [03:05:01] REVIEWER REQUESTING ME TO REMOVE AN ELEMENT OF THE HOME THAT WAS EXISTING ON, ON THE PREVIOUS STRUCTURE. NOW IT SOUNDS LIKE OUR CONVERSATION'S GONE OUTSIDE THE, THE SCOPE OF THAT, BUT YEAH, THEY SAID, HEY, YOU CAN JUST GO TO BOARD OF ADJUSTMENTS AND WE CAN GET THIS 12 INCH OVERHANG APPROVED. SO, UM, WELL, WHATEVER WAS ON THE PREVIOUS STRUCTURES OF IRRELEVANT, NOW WE'RE LOOKING AT THIS STRUCTURE AND, AND, AND WE'RE, WE'RE JUST TRYING TO MAKE SURE WHETHER YOU HAVE TO HAVE A FIVE FOOT OR A THREE FOOT SETBACK, BECAUSE YOU MAY VERY WELL, THIS ISN'T A D D U, IT'S A THREE FOOT SETBACK IF YOU HAVE NO OVERHANG. SO IF, IF THE SIDE OF THAT BUILDING IS THREE FEET AWAY FROM THE PROPERTY LINE AND YOU GOT RID OF YOUR OVERHANG, YOU DON'T EVEN NEED TO COME HERE AND THAT YEAH. OBVIOUSLY. NOW, AM I CORRECT ON THAT? WE'RE, WE'RE BACK TO NOT IN COMPLIANCE WITH HISTORIC, RIGHT? WELL, I MEAN THAT'S, WE DON'T, WE DON'T REVIEW FOR HISTORIC, WE'RE JUST LOOKING AT SETBACKS HERE AT THIS TIME. STEPH IS, BUT THAT'S CORRECT. I MEAN, IF HE MAKES SURE, IF HE REGISTERS, IF HE MAKES SURE THIS IS AN A D D U WITH, WITH YOU AND YOUR PAPERWORK, IT IS A THREE FOOT SETBACK WITH THE OVERHANG, CORRECT? CORRECT. OKAY. SO NOW TO BE SAFE, A MEMBER OF THE COMMISSION CAN MAKE A MOTION AT ASSUMING IT IS FIVE FEET, OR ASSUMING IT IT'S THREE FEET AND THEY WANT TO GIVE HIM AN OVERHANG. IF, IF HE'S ALREADY SAID HE'S GONNA PUT GUTTERS, HE'S CHANGED HIS APPLICATION TO INCLUDE GUTTERS. SO THAT COULD BE CONSIDERED BY THIS COMMISSION AS WELL. UM, SO, SO I DO HAVE A QUESTION. UM, SO, SO AS A DESIGNATE, AS A, AS A, IF WE DESIGNATE THE, OR CAN THE PROPERTY BE CHANGED WITH REGARDS TO THE DESIGNATION OF AN A D D U TO, UM, TO A DIFFERENT TYPE OF STRUCTURE DOWN THE ROAD? WELL, I MEAN IF IT'S, IF IF HE, IF IT'S, IF THE OWNER LIVES THERE, UH, AND IT'S AN A D D U, THEN THAT'S WHAT IT IS. YEAH. AND NOW HE, HE, HE ALSO HAS A RIGHT BASED ON THE ZONING TO MAKE IT AN APARTMENT AND NOT LIVE THERE AT ALL. AND THEN ONCE THAT HAPPENS, IT INSTANTLY HAS TO BE FIVE FEET INSTEAD OF THREE. AND THAT REQUIRE, AND THAT WOULD REQUIRE COME BACK. SO, SO BASICALLY IF HE CHANGED IT FROM THE EXISTING, IF HE, IF HE NO LONGER LIVED THERE AND CHANGE IT FROM AND A D D U, THEN IT WOULD REQUIRE COMING BACK FOR ANOTHER, UM, YEAH, VARIANCE BECAUSE IT'S NO LONGER THREE FOOT, IT'S TO BE FIVE FOOT. SO THE QUESTION IS, IS THAT, IS IS IF THIS COMMISSION WANTS TO MAKE SOMEONE ON THE COMMISSION WANTS TO MAKE A MOTION REGARDING HIS OVERHANG TO COVER HIM, DEPENDING ON WHAT OR NOT, YOU KNOW, IT'S EITHER, DO YOU HAVE AN OVERHANG, ARE YOU THREE? HE'S PROBABLY THREE FEET AWAY, BUT DO WE WANNA GIVE HIM AN OVERHANG? UM, THERE'S STILL A QUESTION WITH THIS PAPERWORK OF WHETHER, I MEAN THE CASE BEFORE US, THERE'S AN ASSUMPTION THAT IT'S NOT AN A D D U BECAUSE IT'S SAYING IT'S A FIVE FOOT SIDE SETBACK. THAT'S, THAT'S WHAT THE CITY HAS IN THEIR RECORDS NOW. SO, SO A SAMPLE VARIANCE WOULD BE READ AS WHAT A REQUEST FOR A, LET'S SAY A TWO FOOT WIDTH OVERHANG. WOULD THAT BE SURE, I MEAN, IT, IT, IT WOULD BE, UH, I'D HAVE TO RUN THIS BY STAFF AS WELL, BUT IT LOOKS LIKE, UH, HE'S ASKING FOR A THREE FOOT FIVE INCH VARIANCE FROM THE SIDE TO ALLOW AN OVERHANG TO BE ONE FOOT SEVEN FROM THE PROPERTY LINE. SO HE'S SAYING THAT THE EDGE IS ONE FOOT SEVEN FROM THE PROPERTY LINE. AND AND IS THAT INCLUDING ANY CREDIT THAT HE HAS FROM THE FENCE TO THE PROPERTY LINE, OR IS THAT ALL FROM THE APPLICANT? YOU SAY THAT ONE MORE TIME, SORRY. WELL, SO THE, THE, THE WHAT'S BEFORE US TODAY IS CALLING FOR AN, AN OVERHANG TO BE ONE FOOT SEVEN FROM THE SIDE PROPERTY LINE. BUT THE APPLICANT HAD MENTIONED, ARE YOU MEASURING EVERYTHING TO THE FENCE? YES, WE MEASURED FROM THE FENCE. OKAY. OKAY. AND I, I GUESS, AND I SO THAT THAT, JUST TO MAKE SURE I UNDERSTOOD THAT WITH REGARDS TO THE DIALOGUE FOR 'CAUSE, WOULDN'T IT BE THE MINIMUM THREE FOOT SIDE SETBACK? WHICH WOULD YOU BE CALLING OUT? BECAUSE WE'RE ASSUMING THAT IT'S THE A D D U. 'CAUSE IF YOU USE THE FIVE FOOT, THEN WE'RE ASSUMING IT'S THE OTHER WHICH ALLOW, WHICH WOULDN'T REQUIRE THE CHANGE. SO IF WE READ IT AS A THREE FOOT, UM, ALTHOUGH WOULD THAT REQUIRE RE-ADVERTISING THEN? WELL, THAT'S WHY I ASKED, BUT I THINK IF YOU WORD IT CORRECTLY AND JUST SAY HE'S, HE'S ASKING FOR A VARIANCE FROM THE, FROM THE, UH, MINIMUM SIDE SETBACK TO, TO ALLOW AN ACCESSORY TO, TO ALLOW, TO ALLOW A STRUCTURE WITH OVERHANG TO BE ONE FOOT SEVEN. I MEAN, THERE'S, THERE'S A WAY YOU COULD READ IT. I'M SURE THAT WOULD WORK EITHER WAY, UNLESS I'M MISSING SOMETHING. I'M LOOKING FOR SOME, WE, WE BASED OUR SETBACK OFF OF THE FIVE FEET. SO YOU CAN USE IT AS THE UNIT OR THE ACCESSORY DWELLING. OKAY. SO YEAH, IF, IF WE, IF WE MAKE THE ASSUMPTION THAT IT'S FIVE FOOT AND THEN IT BECOMES AN A, D, D D, WHATEVER WE END UP GIVING HIM TO THE PROPERTY LINE IS, IS IS WHAT CARRIES IF IT CHANGES. OKAY. CORRECT. SO IT GOES BACK TO HOW, HOW THE MOTION'S READ THERE. RIGHT. SO YOU, SO HE'S YEAH, THINK ABOUT, THINK ABOUT THAT. HE HAS TO BE FIVE FEET AWAY. THERE'S AN ASSUMPTION THAT WHAT HE HAS NOW IS ONE FOOT SEVEN FROM THE PROPERTY LINE. I'LL READ IT. I DON'T CARE. WELL, I CAN READ IT JUST AS, AS READ THEN READ THE MOTION AS READ TO INCLUDE THE OTHERS. YEAH, I MEAN THAT'S, THAT SOUNDS FINE. OKAY. I'M GONNA TAKE [03:10:01] A RUN AT IT IF WE'RE GOOD. OKAY. OKAY. REGARDING CASE NUMBER BO EIGHT DASH 23 DASH 1 0 3 0 0 1 92, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR A THREE FOOT FIVE INCH, UM, VARIANCE TO INCLUDE, UM, THE OVERHANG AND GUTTERS FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ACCESSORY DWELLING WITH OVERHANG TO BE ONE FOOT SEVEN INCH FROM THE SIDE PROPERTY LINE SITUATED AT THREE 11 EAGLE LAND DRIVE, APPLICANT BEING CHRIS, UH, CHRISTOPHER GILL. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH AS THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE APPLICANT IS REQUESTING A VARIANCE TO THE SIDE SETBACK TO ALLOW AN ACCESSORY DWELLING TO BE ONE FOOT SEVEN INCHES FROM THE SIDE PROPERTY LINE, WHICH IS NOT CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO THE SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN APPLICANT BUILDING THE ACCESSORY DWELLING FIVE FEET FROM THE SITE SETBACK, WHICH WOULD RESULT IN AN UNNECESSARY HARDSHIP AS THE ACCESSORY DWELLING WOULD REQUIRE THE SQUARE FOOTAGE TO BE REDUCED TO MEET THE SETBACK REQUIREMENT. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE STRUCTURE WOULD BE ONE FOOT SEVEN INCHES FROM THE SIDE PROPERTY LINE, UH, WHICH OBSERVES THE SPIRIT OF THE ORDINANCE DUE TO THE SIZE OF THE LOT. AND THE PROPOSED SQUARE FOOT OF THE STRUCTURE FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED THE STRUCTURE WILL BE ONE FOOT SEVEN INCHES FROM THE SIDE PROPERTY LINE DUE TO THE SIZE OF THE LOT, THEN THE PROPOSED SQUARE FOOTAGE OF THE STRUCTURE WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX APPLY TO THE OWNER OF THE PROPERTY. FOR, TO THE VARIANCE OF SALT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL, AND ARE NOT DUE TO, DUE TO THE RESULT OF GENERAL CONDITIONS. AND THE DISTRICT IN WHICH THE PROPERTY IS LOCATED, UH, STAFF FINDS IS APPLIED TO THE OWNER OF THE PROPERTY, WHICH THE VARIANCE SAW IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. END OF MOTION. SECOND. COMMISSIONER UNA. SO I AM GOING TO SUPPORT, UH, THE VARIANCES READ. UM, IT'S KIND OF A CATCH CATCH 22 SITUATION WITH THE APPLICANT, GIVEN THAT HE WENT THROUGH THE APPROPRIATE, UH, CHANNELS WITHIN THE, THE CITY, UH, TO GET THE BUILDING PERMITS, WENT THROUGH THE HISTORIC REVIEW AND GOT THE APPROVALS THERE. UM, IT JUST BECAME AN ISSUE WITH THE OVERHANG. UH, WE HAD TESTIMONY FROM SOME OF THE, THE NEIGHBOR, UH, WHOSE CONCERN WAS BASICALLY THE, THE, UM, YOU KNOW, THE USE OF THAT, THAT ACCESSORY DWELLING UNIT UNIT. THE APPLICANT HERE TESTIFIED THAT HE'S GONNA BE THE SOLE O OCCUPANT AND, AND OCCUPYING STAYING, LIVING, OWNING, BEING IN THE NEIGHBORHOOD IN THAT UNIT, WHICH I THINK WILL PROVIDE SOME, YOU KNOW, UM, SOME OWNERSHIP AND STAKE OF THE PROPERTY IN THE NEIGHBORHOOD AND HIM BEING HIM, HIM BEING IN THE PROPERTY AND, AND BEING, YOU KNOW, ACCOUNTABLE TO THE NEIGHBORS AND HOW HE OPERATES AND, AND RUNS HIS PROPERTY. SO, UM, FOR THOSE REASONS, I'M GONNA SUPPORT THE MOTION COMMISSIONER MANNA. SO I'M, YOU KNOW, THESE RED XS DO CONCERN ME, BUT YOU KNOW, WHEN I LOOKED AT ALL OF THE INPUT, YOU KNOW, SO TWO THINGS THAT I, THAT I OBSERVED. SO ONE, THERE'S REALLY ONLY ONE OF THE FEEDBACKS THAT REALLY PROVIDED, WE'LL SAY SOME HEALTHY DIALOGUE AND, AND I THINK, UM, THAT WAS ADDRESSED BY, BY THE MOTION AS, AS ADJUSTED AND THE GUTTERS AND WHAT HAVE YOU. SO I THINK, YOU KNOW, THAT WAS ONE OF THE THINGS THAT WAS MENTIONED. AND KING WILLIAMS NEIGHBORHOOD DIDN'T, DIDN'T OBJECT HERE. SO, SO, YOU KNOW, I GUESS I, YOU KNOW, WITH THEM NOT PARTICIPATING, IT SEEMS LIKE THEY WOULD BE OKAY WITH THIS OR YOU KNOW, I'LL SAY BECAUSE THEY GENERALLY ARE VERY VOCAL WITH THIS KIND OF DIALOGUE. UM, ALSO BEING THAT THE HISTORICAL REVIEW GROUP, UM, UM, YOU KNOW, KIND OF IS IS OKAY WITH THE ROOF LINE. SO, SO, SO FROM A DESIGN PERSPECTIVE, IT DIDN'T SEEM LIKE THEY HAD OBJECTION FROM, FROM THAT PERSPECTIVE. SO, UM, SO, SO I WILL BE VOTING IN FAVOR OF THIS. ANY OTHER COMMISSIONERS, COMMISSIONER CHAGA? UM, ONE COMMENT, UM, I AGREE WITH WHAT BOTH, UH, MY COLLEAGUES SAID, BUT WE KEEP USING THE WORD ASSUMING AN A D D U AND I WANT TO GET THAT ASSUMING OUT OF THE WAY. IS IT AN A D D U AND WE LIVE WITH THAT DECISION OR SHOULD WE GO AHEAD AND CORRECT OURSELVES HERE AND FORCE THIS TO BE WHAT IT'S SUPPOSED TO BE? BECAUSE, BECAUSE OF THE TESTIMONY THE LADY GAVE THE STRUCTURE'S WAY OVER BUILT, THE APPLICANT SAYS HE DOESN'T KNOW OR NOT SURE IF IT'S OVER 50% WHAT WE'VE SEEN, IT APPEARS OVER 50%. YEAH, I THINK, I THINK WHAT IT IS IS THAT IT IT, IF HE LIVES THERE, IT'S AN A [03:15:01] D D U. IF HE DOESN'T LIVE THERE, IT ISN'T. AND ALL THAT DOES IS CHANGE WHETHER HE'S GONNA BE A FIVE FOOT SETBACK OR A THREE FOOT SETBACK. AND OVERHANGS CAN, CAN FACTOR INTO THAT. UH, WE ALSO HEARD THAT HIS, EVERYTHING WAS MEASURED TO THE FENCE, WHICH COULD BE UP TO A FOOT AWAY FROM THAT PROPERTY LINE. AND I THINK THAT IF, IF PEOPLE, UM, DON'T FEEL COMFORTABLE, UM, A FRIENDLY AMENDMENT TO KNOCK FIVE INCHES OR WHATEVER AND MAKE IT A SOLID TWO FEET AT LEAST, SO THAT WAY HE, IT DOESN'T GET ANY CLOSER. I MEAN THAT'S, UH, I DON'T WANNA CAUSE ANY MORE HARDSHIP THAN WHAT IT IS. SO I JUST WANTED CLARIFICATION ON THAT. SO THEY DON'T FEEL COMFORTABLE. WE'RE UNDERSTANDING WHAT'S HAPPENING HERE. WE READ, WE READ IT AS, AS WITH A FIVE FOOT INSTEAD OF THE THREE FOOT. SO THAT WHICHEVER WAY IT ENDS UP BEING, EVEN IN THE FUTURE, IF HE ENDS UP SELLING IT AND MAKING IT JUST AN APARTMENT, HE'S COVERED WITH THE VARIANCE THAT HE'S GETTING FROM US TODAY. SO THAT'S, THAT'S WHY I WAS, OH, OKAY. SO I GUESS I HAD A QUESTION ON THAT. I THOUGHT WE WERE READING IT SUCH THAT, UM, BASICALLY WOULD HAVE TO COME BACK IF HE CHANGED IT. UM, IF HE WAS TO, UH, CONVERT IT TO A FULL, WELL, HE'S GETTING A VARIANCE TO HAVE THIS, THIS THING FROM THE PROPERTY LINE WITH THE OVERHANG, WHETHER IT WAS SUPPOSED TO BE FIVE FEET OR THREE FEET TO BEGIN WITH, DOESN'T MATTER BECAUSE IT WAS ALREADY RED. WORST CASE IN. SO THAT'S, SO THE, THE WHAT I THINK WHAT, WHAT I WOULD SUGGEST TO THE COMMISSIONS WHEN YOU COMMISSIONERS WHEN YOU'RE THINKING ABOUT WHETHER YOU'RE GOING TO SUPPORT THIS OR NOT, IS ARE YOU OKAY WITH HAVING THAT OVERHANG THAT CLOSE TO THE PROPERTY LINE, WHICH WE DON'T KNOW WHERE THAT PROPERTY LINE IS. IT COULD BE, IT'S DEFINITELY MORE, IT COULD BE MORE THAN IT'S DEFINITELY MORE. YEAH. BUT IT ALSO MEANS THAT LET'S SAY THAT FENCE IS A FOOT OFF, HE CAN MAKE THE OVERHANG ANOTHER FOOT OUT. 'CAUSE WE'RE GIVING A VARIANCE FOR THE EDGE OF THE OVERHANG TO BE ONE FOOT SEVEN FOR THE PROPERTY LINE WHEREVER IT IS. IF THE OVERHANG, HE'D HAVE TO GO BACK BEFORE NOT NECESSARILY TO GET APPROVED WELL, YEAH, TO HISTORIC, BUT HISTORIC TO GET APPROVALS AND SUCH. BUT I DON'T THINK IT'S, THAT'S IN THE REALM OF, YEAH, THAT'S, THAT, THAT'S WHY LIKE, IF YOU WANT TO, YOU KNOW, I'M, I'M DEBATING WHETHER OR NOT INSTEAD OF A ONE FOOT SEVEN, YOU JUST MAKE IT TWO FEET. 'CAUSE WE HEARD TESTIMONY THAT HE HAS MAYBE A FOOT CREDIT, YOU KNOW, AT LEAST GET IT. GIVE, GIVE SOMETHING TO THE RESIDENTS AND THE NEIGHBORS. I'LL ACCEPT A FRIENDLY AMENDMENT TO MAKE IT A, UH, SAME. YEAH. OKAY. SO THE MOTION HAS BEEN AMENDED. SO NOW IT IS A, UH, THREE FOOT VARIANCE FROM THE MINIMUM SIDE TO ALLOW AN ACCESSORY DWELLING UNIT WITH GUTTERS AND OVERHANG TO BE TWO FEET FROM THE SIDE PROPERTY LINE. I CAN GO, I ACCEPT THAT MOTION, THAT FRIENDLY MOTION. ALL RIGHT. SO THAT'S GIVING SOMEBODY EVERYTHING. SO LET, LET'S HAVE A ROLL CALL VOTE PLEASE. MR. OZUNA. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. MENCHACA. I CONCUR. MS. CRUZ, I CONCUR. MR. ZIKA, I CONCUR WITH THE FINEST FACT. MS. BENAVIDES. I CONCUR. MR. VASQUEZ. I CONCUR. MR. BOEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT AS AMENDED, UH, MOTION PASSES. SO WHAT JUST HAPPENED IS, IS THAT YOU IN, INSTEAD OF ONE FOOT SEVEN, IT'S GOTTA BE TWO FEET. BUT YOU ALREADY TOLD US THAT EVERYTHING WAS MEASURED TO THE FENCE. EVERYTHING WAS BASED ON WHERE THE FENCE IS. SO IF THAT FENCE IS FIVE INCHES OR MORE AWAY FROM YOUR TRUE PROPERTY LINE, THEN YOU'RE OKAY. SO JUST IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF, THANK YOU. UH, GIVE EVERYBODY'S, GIVE EVERYBODY SOMETHING. ITEM EIGHT. OKAY, ITEM NUMBER EIGHT IS BO OH EIGHT DASH TWO THREE DASH 0 3 0 0 1 9 3. ADDRESS IS 3 8 3 9 MOATS DRIVE IN CITY COUNCIL DISTRICT FIVE, APPLICANT BEING MARTIN PARRA. AND THE REQUEST IS FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A DETACHED CARPORT TO BE ONE INCH FROM THE SIDE PROPERTY LINE TO A THREE FOOT TWO INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A DETACHED CARPORT, UH, WITH A SIX FOOT 10 INCH FRONT SETBACK. AND THREE A FIVE FOOT FOUR INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A FENCE TO BE NINE FOOT EIGHT INCHES FROM THE FRONT YARD, UH, DRIVEWAY CURB. AND THE CURRENT ZONING IS R FIVE. UH, THE SUBJECT PROPERTY IS LOCATED ALONG MOATS DRIVE NEAR SOUTHWEST 34TH STREET. THE APPLICANT CONSTRUCTED A DETACHED CARPORT WITHOUT OBTAINING THE NECESSARY PERMITS. UH, THAT COMPLETED CARPORT CURRENTLY MEASURES ONE INCH FROM THE SIDE PROPERTY LINE AND SIX FOOT 10 INCHES FROM THE FRONT UPON SIDE VISITS. STAFF OBSERVED A FENCE, A COMBINED FENCE THAT [03:20:01] IMPOSED INTO THE CLEAR VISION FIELD. UH, THE FENCE MEASURED TO BE NINE FOOT EIGHT INCHES FROM THE DRIVEWAY CURB. AND THIS IS THE SITE PLAN AND THIS IS THE SUBJECT PROPERTY. AND THIS IS AN ALTERNATE VIEW AND THIS IS THE SURROUNDING AREAS. UH, STAFF RECOMMENDATION FOR THE CLEAR VISION STAFF RECOMMENDS AN APPROVAL FOR BO O A DASH 23 DASH 1 0 3, UH, 0 0 1 9 3. UH, BASED ON THE FOLLOWING, ONE, THE CLEAR VISION LEAVES SPACE FOR, UM, SAFE BACKING OUT INTO A LOCAL RESIDENTIAL STREET. AND TWO, THE FENCE IS LOCATED ALONG THE ESTABLISHED NEIGHBORHOOD FENCE LINE AND WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. STAFF. RECOMMENDATION FOR THE SIDE AND FRONT SETBACK STAFF RECOMMENDS A DENIAL AND BO O A DASH TWO THREE DASH 1 0 3 0 0 1 9 3 BASED ON THE FOLLOWING, UH, ONE, THE CARPORT IN ITS CURRENT LOCATION DOES NOT PROVIDE ADEQUATE SPACING, WHICH MAY INJURE THE NEIGHBORING PROPERTY. AND TWO, THE PROPERTY OWNER CAN REBUILT THE CARPORT TO MEET THE REQUIRED SETBACKS. AND THEN THIS IS THE NOTIFICATION PLAN. STAFF MAILED OUT 39 NOTICES, UH, ZERO IN FAVOR, ZERO IN OPPOSITION. AND WE HAD NO RESPONSE FROM LOS CENA'S NEIGHBORHOOD ASSOCIATION. AND THAT CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. ANY QUESTIONS FOR STAFF BEFORE THE APPLICANT COMES UP? HEARING NONE, LET'S HAVE THE APPLICANT COME FORWARD. PLEASE, IF YOU COULD STATE YOUR NAME AND TELL US ABOUT YOUR CASE. HI, GOOD AFTERNOON. MY NAME'S MARTIN PARRA. AND UM, ACTUALLY MY, I STARTED BUILDING THAT CARPORT ABOUT TWO MONTHS AGO. I HAD BEEN TRYING TO SAVE UP FOR, FOR ABOUT A YEAR AND A HALF. 'CAUSE UH, LAST THUNDERSTORM WE HAD WITH THE HAILSTORM DAMAGED OUR THREE CARS SPENT LIKE $8,000 TO REPAIR 'EM. SO WITH WORK BEING THE WAY IT IS AND EVERYTHING, IT TOOK ME ABOUT A YEAR AND A HALF TO, TO GET THE MONEY, TO GET THE MATERIALS. UH, I DID ASK AROUND THE NEIGHBORHOOD TO SEE IF I, HONESTLY, IF I NEEDED A PERMIT OR ANYTHING 'CAUSE WE'RE NOT HOMEOWNERS ASSOCIATION OR ANYTHING LIKE THAT. AND NOBODY HAD TOLD ME ANYTHING ABOUT IT. UH, OTHER THAN THAT, THE WAY THAT OUR HOMES ARE BUILT, MY HOME IS FROM 1958. SO I DON'T KNOW WHEN THIS RULE WAS APPLIED, BUT IF YOU LOOK AT THE PICTURE, IF I'M FIVE FOOT FROM MY FENCE LINE, THAT PUTS MY POST PRETTY MUCH CLOSE TO THE MIDDLE OF THE DRIVEWAY. HOW WOULD I DRIVE MY VEHICLES UP THERE WHEN THE CITY ALREADY BUILT ITS DRIVEWAY IN THE SAME, YOU KNOW, ENTRANCE TO THE PROPERTY LINE. SO, AND TOWARDS WHAT HE WAS TALKING ABOUT, THE FENCE, THAT'S, I GUESS PART OF THE NEW VARIANCE OR WHATEVER. BUT I'VE BEEN THERE OVER 22 YEARS NOW AND THE FENCE LINE HAS ALWAYS BEEN THERE. SO EVERYTHING, WHAT MR. LEOS WAS SAYING, I DIDN'T EVEN, I MEAN, OTHER THAN THAT IT'S ALWAYS BEEN LIKE THAT. SO, AND I DON'T SEE HOW IT WOULD DAMAGE THE NEIGHBORING PROPERTY WHEN I'M LIKE 15 FEET AWAY FROM HER HOUSE TOWARDS ONE SIDE. SO AGAIN, I WOULDN'T KNOW HOW TO BE ABLE TO EVEN PUT MY CARS TOWARDS THE BACK IF I HAVE TO MOVE MY POST FIVE FEET TO THE RIGHT OF IT. 'CAUSE IT'S THE WAY THAT MY HOUSE WAS STRUCTURED IN 1958. SO I DON'T EVEN KNOW HOW THAT RULE WOULD APPLY FOR US BEING THAT THE HOMES ARE SO OLD AND I DON'T KNOW HOW NEW THAT RULE IS. . OKAY. UM, LET'S SEE IF THERE'S ANY QUESTIONS FOR YOU FROM THE COMMISSION, MR. ZUNIGA, FOR YOU? I DID, SIR. I BUILT IT. AND YOU DIDN'T GET NO PERMITS? NO SIR, WHATSOEVER. SO I, I DID ASK AROUND, I'M NOT GONNA LIE TO YOU. I, I ASKED AROUND, I WAS THE CITY. I'M SORRY, YOU ASKED THE CITY. NO, NO, NOT, NOT THE CITY, SIR. I ASKED THEM MY NEIGHBORHOOD, 'CAUSE MY NEIGHBOR ACROSS THE STREET, TWO HOUSES TO THE LEFT HAS ONE, I DON'T KNOW, I SHOWED HIM THE PICTURE. SO HE'S GOT A CARPORT AND HE'S LITERALLY NOT EVEN AN INCH. HE'S LITERALLY ON THE FENCE LINE. AND HE'S HAD THAT RIGHT THERE. LOOK. AND UH, I ASKED HE, WHEN I ASKED HIM, HE'S LIKE, NO, I DIDN'T HAVE TO GET NOTHING BECAUSE WE'RE NOT EVEN HOMEOWNER. HE, SO IF YOU LOOK AT THE PROPERTY, IT'S LIKE, OKAY, I DIDN'T SEE ANY PROBLEM WITH IF HE DID IT, YOU KNOW, NOBODY SAID ANYTHING. WHY WOULD I HAVE A PROBLEM IF HE'S HAD IT THERE FOR 10 YEARS? SO THAT'S, UH, THAT WAS ON IGNORANT PART, YOU KNOW. BUT AGAIN, EVEN AT THAT, WHERE MY APPROACH IS I CANNOT PUT MY CARPORT IN THE MIDDLE OF MY, MY DRIVEWAY, I WOULDN'T BE ABLE TO PUT ANY CAR. WELL, THAT, THAT'D BE THE PROBLEM. YOU DON'T HAVE A GARAGE IN YOUR HOME? NO, SIR. NO SIR. MY, MY HOUSE, LIKE, IT'S AN OLDER HOME AND I BUILT THAT, THAT, BECAUSE WHEN THAT HAPPENED TO MY CARS, I MEAN, IT'S BAD ENOUGH THAT MY INSURANCE WENT UP REAL TIME BECAUSE IT WAS THREE CARS THAT GOT DAMAGED. YEAH. THE OTHER PROBLEM IS THAT, YOU KNOW, I MEAN, EVERYTHING'S BEEN GOING UP AND UP AND UP, SO IT'S HARD TO KEEP UP EVERYTHING YOU STATED. LEMME JUST SAY YOU STATED [03:25:01] THAT, UH, YOU WERE FEET AWAY FROM YOUR NEIGHBOR. WHAT WE'RE LOOKING AT HERE IS THAT YOU'RE PROBABLY AN INCH FROM THE PROPERTY LINE. UH, YES, SIR. SO THAT, THAT'S NOT MY PROPERTY THOUGH. THAT'S, THAT'S, THAT'S SOMEBODY ELSE'S. THAT'S, UH, I DUNNO IF YOU CAN CHANGE, UH, HOLD ON. WE'RE LOOKING AT THE . YES. THAT'S MY, MY NEIGHBOR'S CARPORT. UH, THAT NEIGHBOR, THAT, THAT'S MY CARPORT. THAT ONE. THAT ONE, YES. THAT ONE'S MY CARPORT. OKAY. FROM THE PROPERTY. IT'S ON THE FENCE LINE. BUT THE REASON I PUT IT THERE IS BECAUSE IF YOU SEE WHERE MY DRIVEWAY IS, IT'S LITERALLY, IT'S RIGHT AT THE ENTRANCE. THAT'S THE ONLY REASON I DID IT. I UNDERSTAND. IT'S MY, IT WAS MY, MY MISTAKE. I UNDERSTAND. WHY DO YOU HAVE THE POST ON THE OTHER SIDE AND THE GRASS LIKE THAT? WHAT DO YOU MEAN? OH, BECAUSE IT, I, ITS A 20 BY 20. SO IF YOU SEE THE, THE, IF YOU ENTRANCE, IT JUST GOES TO THE RIGHT OF IT. AND THE REASON IT'S THERE IS BECAUSE IT'S LITERALLY A 20 BY 20. SO THE AND HOW DOES, HOW DOES IT DRAIN? DOES IT ALL TILT TOWARDS THE STREET? SO THE, SO EVERYTHING'S GOING TOWARDS THE, THE SIDEWALK. IT'S NINE FEET, THREE INCHES FROM THE TOP AND IT GOES BACK NINE FEET. SO IT'S A THREE THREE INCH DROP TOWARDS THE STREET. AND THE DEPTH. SO IT'S 20 BY 20 ON THE ROOF IS 20 BY 20. I'M SORRY, SIR. THE ROOF IS 20 BY 20. YES, SIR. THE 20 BY 20. NO, NOTHING WAS CUT, NOTHING WAS NOTHING. THE POSTS WERE, UH, 24 FOOT WE'RE CUT IN HALF. YEAH, TWO AND A HALF FEET WE'RE PRETTY MUCH DOWN AT THE GROUND. AND THEN, AND THEN THE, UM, IT'S SAYING, UM, ACCORDING TO THIS, THAT YOU HAVE, UM, UH, SEE YOU'RE, YOU'RE LOOKING FOR A SIX FOOT 10, UH, FRONT SETBACK FOR THE CARPORT, BUT YOUR POSTS LOOK LIKE THEY'RE PRETTY FAR BACK. IT COULD JUST BE YES. WHAT IT IS, SIR, IS THAT THAT'S WHAT THEY WERE TALKING ABOUT THE FENCE LINE. THAT MY, MY FENCE IS SUPPOSED TO BE 15 FEET IS WHAT THEY'RE SAYING? NO, NO, NOT FOR CLEAR VISION. I'M TALKING ABOUT THE CARPORT. MY CARPORT'S FAR, FAR BACK. YEAH. IT SAYS YOU'RE ASKING FOR A THREE FOOT, UH, TWO INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A DETACHED CARPORT TO, I, I DON'T KNOW WHERE THAT COMES FROM, BUT IF YOU SEE IT'S VERY FAR FROM THE, YEAH, THAT'S WHAT I'M LOOKING AT. HOW, HOW FAR IS THE EDGE OF YOUR CARPORT FROM YOUR PROPERTY LINE? FROM THE, FOR LIKE THE SIDEWALK ITSELF? I'M NINE FEET, FOUR INCHES FROM THE SIDEWALK TO THE FIRST POST, BECAUSE THE, THE SETBACK IS MEASURED IS YOU, YOU CAN HAVE A POST AT, AT 10 FEET AND THEN OVERHANG FIVE FEET PAST IT. OKAY. SO HOW FAR IS YOUR, THE OVERHANG IS ONLY FOUR FEET. OKAY. BUT YOUR, HOW FAR IS YOUR POST FROM YOUR FRONT PROPERTY LINE? MY POST IS NINE FEET, FOUR INCHES FROM THE SIDEWALK TO THAT. BUT I DON'T KNOW HOW THEY MEASURE THE, THE FENCE LINE. SO I DON'T KNOW HOW THAT, YEAH, SO BECAUSE THAT'S THE, THAT'S LIKE, THAT'S, SO IF YOU'RE NINE FOOT FOUR, I MEAN YOU ONLY NEED A VARIANCE FOR LIKE EIGHT INCHES OR SOMETHING. SO, UM, CARPORTS IS MEASURED FROM THE PROPERTY LINE, NOT THE RIGHT OF WAY, LIKE GARAGES ARE. OKAY. SO, SO HIS, HIS, UH, ACTUAL PROPERTY LINE IS IN A LITTLE BIT FURTHER FROM THE SIDEWALK. IF I ACTUALLY LIKE FENCE LINE, IT'S LIKE THE FENCE LINE. YEAH, IT'S LIKE THE FENCE LINE. SO THAT, I JUST WANNA MAKE SURE THAT WE'RE LOOKING AT NUMBERS THAT, BECAUSE IT JUST SEEMED LIKE IT WAS A LITTLE FURTHER BACK THAN YOU. YEAH, IT, IT'S, IT'S, SO THEY TOLD ME IT WAS 10 FEET AT FIRST FROM THE SIDEWALK. SO WHEN I MEASURED IT, WHEN I CAME TO AND ASKED FOR THE VARIANCE, I ONLY PUT THAT IT WAS NINE FEET, FOUR INCHES, BECAUSE THAT'S WHAT I THOUGHT. BUT THEN I GUESS MR. LEO SAID THAT HE CHECKED SOMETHING AND SOMETHING AGAINST FROM THE FENCE TO WHERE THAT POST IS SOMETHING DIFFERENT. OKAY. WHICH IS, UH, UH, PREVIOUS TO ME, BECAUSE LIKE I SAID, OUR HOMES ARE SO OLD THAT WE DON'T, WE DIDN'T FOLLOW THOSE NEW GUIDELINES AND THEN TOWARDS THAT TIME OF THE, THE BUILD OF THE HOUSE. YEAH, I, I THAT'S, I THAT ANSWER MY, THAT PART OF THE QUESTION. THE NEXT PART IS, IS WITH REGARD TO THE CLEAR VISION, YOU KNOW, ALL THE OTHER FENCES IT SEEMS LIKE ARE CHAIN LINK, WHEREAS YOURS IS, IS YES, SIR. THE REASON I DID IT THAT WAY IS BECAUSE, UH, SO MY, THAT FENCE HAS BEEN THERE FOR ALREADY FOR A LITTLE BIT. SO THE ONLY REASON I DID IT IS BECAUSE MY CHAIN LINK FENCE, I USED TO HAVE DOGS IN THE FRONT 'CAUSE MY PROPERTY GOT BROKEN INTO FOUR TIMES IN TWO YEARS. SO I JUST PUT THAT BECAUSE ONE, TO CHANGE IT A LITTLE, A LITTLE BIT. AND WHEN THEY WERE BREAKING IN, THEY HAD LIKE A, WE USED TO HAVE AN OLD TREE THERE AND IT KIND OF FELL AND JUST MESSED UP THE WHOLE, THE WHOLE, WELL THE, YOU KNOW, CLEAR VISION IS, IS A SAFETY THING. AND SO SOMETIMES WHEN YOU, WHEN YOU PUT UP SOMETHING THAT MAKES IT HARDER TO SEE OUT, UH, THAT'S, THAT'S PART OF THE ISSUE THAT THAT'S, AND I UNDERSTAND THAT THAT FOOT, THAT UH, FENCE IS ONLY FOUR FOOT. SO IT'S IT'S FOUR FOOT TALL. YEAH, IT'S ONLY FOUR FOOT TALL. OKAY. UH, ANY OTHER QUESTIONS? CHA OKAY, COMMISSIONER, MAIN CHOCOLATE. UH, SIR, WHAT DID YOU SAY? THE, THE, THE HEIGHT AT THE BACK OF THE CARPORT IS VERSUS THE FRONT. SO THE FRONT IS NINE, NINE FEET, THREE INCHES, EIGHT. RIGHT. AND THE BACK IS NINE FOOT. NINE FOOT. YES, SIR. I SEE. BECAUSE THE OLDER HOUSE HERE, WHAT I'M SEEING IS THAT, UH, THE CLEARANCE OF THE POWER LINES AND THEY'RE MASKED. WHAT IS THE CLEARANCE FROM THE POWER LINE [03:30:01] TO THE TOP OF THE ROOF? MORE THAN THREE FEET. SO I DON'T HAVE ANYTHING THAT GOES ON THERE. THE ONLY LINE THAT GOES THERE, UHHUH IS UH, THE ONE THAT THE CITY PUT AND THERE'S LIKE TWO AND A HALF FOOT GAP DIFFERENCE IN BETWEEN. IT JUST GOES DOWN LIKE THAT. TWO AND A HALF FOOT FROM THE BACK OF THE FRONT? FROM NO, FROM THE FRONT BECAUSE IT DOESN'T REALLY TOUCH THE FRONT. IF YOU GO TO THE BACK TO THE TOP, AND YOU'RE PROBABLY LOOKING AT ABOUT FIVE FEET AT LEAST BECAUSE IT'S NOT REALLY, IT'S NOT LIKE SUPER CLOSE. I SEE. YEAH, MANNA. OKAY. COMMISSIONER MANNA. SO, SO PART OF THE DIALOGUE FOR THE CLEAR VISION, UM, YOU KNOW, SO, SO ONE OF THE QUESTIONS I GUESS I WOULD ASK IS IF YOU WERE TO TAKE OUT TWO OF THE SLATS, THE TOP TWO UHHUH AND REPLACE IT WITH A DIFFERENT MATERIAL, UH, THAT, THAT COULD BE PREDOMINANTLY OPEN. SO, YOU KNOW, I'VE SEEN, UM, P WIRE, YOU KNOW, AS AN EXAMPLE OR, YOU KNOW, SOMETHING ALONG THAT LINE, UM, WHERE BASICALLY IT'S OPEN PANEL, UM, YOU KNOW, IS THAT AN OPTION FOR YOU? POTENTIALLY? YES, SIR. IT WOULD, IT'S, YOU HAVE TO GIVE 'EM A LITTLE BIT OF TIME BECAUSE I MEAN, IT'S NOT SOMETHING THAT, RIGHT. WELL, YOU KNOW, BECAUSE, BECAUSE THREE FOOT YOU'RE, YOU'RE PERMITTED BY RIGHT. THREE FOOT, AND SO THERE'S THAT, THE NEXT FOOT UP, IF IT'S A FOUR FOOT FENCE THAT, THAT, YOU KNOW, WOULD ALLOW FOR, YOU KNOW, SOME FORGIVENESS THERE. YEAH. AND, AND UNDERSTAND, I MEAN, I'M WILLING TO HAVE TO, IF I HAVE TO CHANGE THAT OUT, I WILL CHANGE IT. THE ONLY REASON I LEFT IT AT THAT HEIGHT IS BECAUSE THAT'S ACTUALLY THE HEIGHT MY LAST FENCE WAS AT. I JUST DIDN'T THINK THE WOOD WAS GOING TO, IF YOU SEE, I ACTUALLY LEFT ABOUT A THREE INCH GAP IN BETWEEN THE POSE TO BE ABLE TO HAVE THAT, THAT, UH, VISION. BUT I DIDN'T THINK A PROBLEM WITH IT BECAUSE IF YOU SEE THE GENTLEMAN THAT'S STANDING THERE FROM THE CITY, HE'S OVER THAT VISUAL, UH, DISTANCE. SO, BUT IT'S WHEN YOU'RE SITTING IN YOUR CAR LOOKING OVER YOUR I UNDERSTAND, I UNDERSTAND THAT. I GET THAT. I UNDERSTAND, SIR. BUT YEAH, IF I HAVE TO, I, IF I HAVE TO EVEN REMOVE ONE OF 'EM, THAT GIVES ME ABOUT SIX INCHES RIGHT THERE, I GUESS GOING BACK PART OF THE DIALOGUE FOR THE, FOR THE CARPORT, YOU KNOW. SO IT DOES LOOK LIKE THE POSTS ARE, UM, WE'LL SAY 15 FEET BACK FROM THE, FROM THE STREET, MAYBE EVEN MORE. SO AS FAR AS THE POSTS. AND, AND THEN YOU HAVE AN OVERHANG. IT LOOKS LIKE THE OVERHANG MAY BE FOUR FOOT FROM THE POST ON TOP. IS THAT ABOUT A FOUR FOOT OVERHANG THERE? YES. FROM THE, SO FROM THE POST TO THE STREET IS ONLY FOUR FEET. UM, FROM THE POST, THE AMOUNT OF OVERHANG FROM THAT POST TOWARDS THE STREET IS FOUR FOOT. TOWARDS THE STREET IS FOUR FOOT. OKAY. YEAH. SO, UM, OKAY. ALL RIGHT. ANYONE ELSE? WELL, UH, DO WE HAVE ANY PUBLIC COMMENTARY, ANY VOICEMAILS? UH, NO PUBLIC COMMENT. ALL RIGHT. SO THE ONLY THING IS I HAVE MY NEIGHBOR'S, UH, LETTER THAT I GAVE MR. LEOS AND THE APPROVAL THAT SHE, SHE, SHE LIKES MY, UH, MY, UH, STAFF. STAFF CAN PROJECT THAT UP ON THE SCREEN. WHICH, WHICH NEIGHBOR'S? THAT IS THAT THE ONE MY, IT'S THE ONE TO THE RIGHT. THE WHERE, WHERE THE CARPORT'S AT. OKAY. THANK YOU. IF, IF YOU'D LIKE TO, UH, THERE IT IS. ALL RIGHT. THANK YOU. SO WHAT WE'RE GONNA DO IS WE'RE GONNA GO AHEAD AND, UH, ASK FOR A MOTION AND DELIBERATE AND WE'LL SEE WHAT HAPPENS. UH, I UNDERSTAND. AND I WOULD REALLY APPRECIATE YOU GONNA HELP ME OUT. 'CAUSE LIKE I SAID, IT, IT TOOK ME A WHILE TO SAVE UP FOR THIS AND IT'S NOT SOMETHING THAT YOU KNOW. YES, SIR. SO WHO WOULD LIKE TO MAKE A MOTION? THANK YOU MANNA COMMISSIONER MANNA, REGARDING CASE NUMBER BO A 2 3 3 1 0 3 0 0 1 9 3, MOVE THE BOARD OF ADJUSTMENT GRANT REQUEST FOR ONE A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW THE ATTACHED CARPORT TO BE ONE INCHES FROM THE SIDE PROPERTY LINE TWO, A THREE FOOT TWO INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A ATTACHED CARPORT TO BE SIX FEET, 10 INCHES FROM THE FRONT SETBACK. AND THREE, A FIVE FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A PREDOMINANTLY OPEN FENCE TO BE NINE FEET EIGHT INCHES FROM THE FRONT YARD DRIVEWAY CURB SITUATED AT 3 8 3 9 MOTS DRIVE APPLICANT B AND MARTIN PATA BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT A LIBERAL ENFORCEMENT OF THE PROVISIONS OF THE E D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. UH, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY SETBACK REQUIREMENTS TO PREVENT STORMWATER RUNOFF AND ROUTINE MAINTENANCE WITHOUT TRESPASS, THE APPLICANT HAS REQUESTED A VARIANCE TO THE SIDE AND FRONT SETBACK TO ALLOW A DETACHED CARPORT TO BE ONE INCH FROM THE SIDE PROPERTY LINE AND SIX FOOT 10 INCHES FROM THE FRONT PROPERTY LINE. THESE STANCES PROVIDE ADEQUATE SPACING AND WATER RUNOFF WILL NOT IMPOSE THE ADJACENT, UM, NEIGHBOR, WHICH ARE BOTH NOT CONTRARY TO THE PUBLIC INTEREST. THE FIVE FOOT FOUR INCH VARIANCE WOULD NOT LEAVE [03:35:01] NINE FEET, EIGHT INCH CLEAR VISION WOULD LEAVE NINE FEET EIGHT INCH. CLEAR VISION, UH, USING A PREDOMINANTLY OPEN FENCE WOULD NOT BE CONTRARY TO THE PUBLIC INTEREST AS THIS LEAVES SUITABLE ROOM FOR THE BACKING OUT INTO A LOCAL STREET DUE DUE TO SPECIAL CONDITIONS OR LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE SPECIAL CONDITION ON THE SUBJECT PROPERTY IS THE NARROWNESS OF THE LOT AND FENCE LINES ON THIS PROPERTY. THE APPLICANT WOULD NEED TO SHIFT THE CARPORT TO MAINTAIN THE PRO REQUIRED DISTANCE, WHICH WOULD RESULT IN UNNECESSARY HARDSHIP. THE, AS THE FRONT YARD WOULD BE REDUCED. FURTHER, THE FENCE LINE ON THE PROPERTY AND SURROUNDING AREA HAVE ESTABLISHED A CURRENT CLEAR VISION DISTANCE. AND THE PROPERTY OWNER WOULD HAVE TO MOVE THE FENCE BACK FURTHER THAN THE ESTABLISHED LINE IN THE AREA. THREE, BY GRANTING THE VARIANCES WHERE THE ORDINANCE WILL BE OBSERVED AND THE SUBSTANTIAL JUSTICE WILL BE DONE, THE SPIRIT OF ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE PROPOSED SIDE AND FRONT SETBACK APPEAR TO OBSERVE THE SPIRIT OF THE ORDINANCE AS THE CURRENT DISTANCES ARE SUITABLE TO THE ADJACENT PROPERTY AND SHARED PROPERTY LINES. ADDITIONALLY, THE FENCE IS CURRENTLY NINE FEET INCHES FROM THE FRONT DRIVEWAY. STAFF FINDS THE SPARE, THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS THE REQUESTED VARIANCES ARE AS ADEQUATE DISTANCES ARE PRESENTED. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH AS VARIANCE IS LOCATED, NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE ARE NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT WARM PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED. IF GRANTED, THE CARPORT WILL MAINTAIN ITS CURRENT SIDE AND FRONT DIS SETBACK DISTANCES, WHICH IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT OR INJURED NEIGHBORING CONFORMING PROPERTIES. THE CLEAR VISION VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THE ESTABLISHED FRONT YARD FENCE LINE IS ESTABLISHED WITH THE CURRENT CLEAR VISION REQUIREMENT. THE PLIGHT OF THE PROPERTY OWNER FOR WHICH A VARIANCE IS SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING IN THE PROPERTY. UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT, WHICH HIS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS THE SAWS, THE LOT, THE LOCATION OF THE FRONT YARD FENCE IS WHERE, WHERE IT HAS BEEN HISTORICALLY ON THE LOT AND SURROUNDING AREA IN THE MOTION. SECOND. SECOND BY COMMISSIONER CRUZ. COMMISSIONER MANUS QUESTION. UH, WHAT, WHAT ARE ON THE FENCE? WHAT ARE WE GOING DO YOU? SO BY STATING PREDOMINANTLY OPEN MEANS THAT HE'S ALLOWED TO HAVE THE THREE FOOT, UH, SLATS, BUT THE TOP FOOT, UM, OF THE EXISTING FENCE HAS TO BE PREDOMINANTLY OPEN MATERIAL AND HE CAN CHOOSE WHAT THAT MATERIAL IS. AND IT, AND IT'S, AND IT ALSO MEANS THAT IT DOESN'T HAVE TO GO ACROSS THE ENTIRE FRONT YARD. IT JUST HAS TO BE IN THE CLEAR VISION AREA. YES. WHICH WOULD BE THE 15 FEET. SO FROM THE, FROM THE DRIVEWAY. YEAH. AND THEN JUST TO CLARIFY, ITEM NUMBER THREE OF YOUR MOTION WAS FOR A FIVE FOOT, FOUR INCH VARIANCE. I THINK YOU SAID FIVE FOOT, BUT, WELL, I, I, I MISREAD THAT IF I, I I DIDN'T INTEND TO READ IT AS WRITTEN, SO I APOLOGIZE. ALL RIGHT. SO WHAT WE'RE GONNA DO IS, UM, COMMISSIONER MATTER. WHAT DO YOU THINK? SO, UM, SO I THINK, YOU KNOW, HAVING TO DIALOGUE WITH THE APPLICANT WITH REGARDS TO THE CLEAR VISION, YOU KNOW, 'CAUSE IT IS ABOUT THE, THE HEALTH AND SAFETY. UM, ALSO LOOKING DOWN THE STREET, I DO SEE, UM, OTHER CARPORTS THAT ACTUALLY ARE VERY SIMILAR. I THINK BECAUSE A POST ARE SO FAR BACK, YOU KNOW, THAT'S ONE OF THE THINGS WE ALWAYS LOOK AT, UH, WHENEVER WE'RE LOOKING AT THESE CARPORTS. AND SO I THINK THAT, THAT BOX OF CHECK FROM MY PERSPECTIVE, AND SO I'LL BE VOTING ON IT AS, AS, YEAH. COMMISSIONER CRUZ, I CONCUR WITH MR. MANNA. I I THINK WITH THE CHANGES THAT WE'RE MAKING, THAT SHOULD BE MORE THAN ENOUGH FOR HIM TO STILL HAVE A GOOD CARPORT TO PROTECT HIS CARS. THANK YOU. THANK YOU. ANY OTHER COMMISSIONERS LIKE TO ADD HEARING NONE? HAVE A ROLL CALL VOTE PLEASE. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. MR. SPIELMAN. I CONCUR. MR. MENCHACA I CONCUR. MR. ZIKA, I CONCUR WITH THE FINANCE OF FACT. MS. BENAVIDES. I CONCUR. MR. ZUNA I CONCUR. MR. VASQUEZ. I CONCUR. MR. BONILLA CON CONCUR, CHAIR ORIAN AND I CONCUR WITH THE FINANCES OF FACT. MOTION PASSES 10 TO ZERO. CONGRATULATIONS. UH, YOU, YOU DIDN'T UNDERSTAND THE CAVEAT ABOUT THE, UH, PREDOMINANTLY OPEN ON THE CLEAR VISION BETWEEN THE TOP POST, THE FIRST DEFENSE 63 15. SO IT'S, I REMOVE THOSE TWO. YOU GO UP FROM THE CURB UP 15 FEET. WHAT? THAT, AND THEN YOU ANGLE IT BACK IN THAT TRIANGLE. THAT'S WHERE YOU, IT'S GOTTA BE PREDOMINANTLY OPEN AND, AND YOU STAFF CAN HELP YOU. YOU HAVE ANY QUESTIONS? RIGHT? ALL RIGHT. ITEM NUMBER NINE. OH, IT LOOKED LIKE WE, THEY JUST BROUGHT OUR DINNER IN. DO Y'ALL JUST WANT TO JUST GRAB [03:40:01] SOMETHING AND EAT AT YOUR DESK OR, ALL RIGHT, IT'S OVER THERE IF Y'ALL WANT IT. GOOD TO GO. ALL RIGHT. BO 8 23 1 0 3 0 0 1 9 7. ADDRESS IS 9 35 AGNE AVENUE COUNCIL. DISTRICT ONE APPLICANT IS JOINED GALVEZ. A REQUEST FOR ONE, A FOUR FOOT SPECIAL EXEMPTION FROM THE N C D FIVE, MAXIMUM TWO FOOT HEIGHT TO ALLOW A SIX FOOT PRIVACY FENCE ALONG THE FRONT YARD. AND TWO, A VARIANCE FROM THE NCD. FIVE TO ALLOW A GATE STRUCTURE ACROSS THE DRIVEWAY. AND THREE, A ONE FOOT EIGHT INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A FENCE TO BE 13 FEET FOUR INCHES FROM THE FRONT YARD. DRIVEWAY ZONING IS R FOUR RESIDENTIAL SINGLE FAMILY CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED ON ERNE BETWEEN INTERSECTIONS OF WEST MULBERRY AVENUE AND WEST MAGNOLIA AVENUE. JUST EAST OF I 10. THE APPLICANT CONSTRUCTED A SIX FOOT FENCE ALONG THE SOUTH SIDE OF THE PROPERTY WITHOUT A PERMIT. ADDITIONALLY, THE APPLICANT IS REQUESTING VARIANCES FOR THE GATE STRUCTURE ACROSS THE DRIVEWAY AND CLEAR VISION ALONG THE FRONT YARD DRIVEWAY CURB. THIS IS YOUR SITE PLAN AND THE SUBJECT PROPERTY. AND THIS IS A VACANT STRUCTURE NEXT TO THE, UH, SUBJECT PROPERTY. AND THIS IS THE FENCE ON THE SIDE OF THE PROPERTY. AND THIS IS THE PROPERTY LINE. THE, THE APPLICANT HAD A, UH, SURVEY DOWN ON THE PROPERTY SHOWING THE PROPERTY LINE. SO THE FENCE IS INSIDE THE PROPERTY LINE. AND THIS IS THE FENCE HEIGHT AND THE FENCING GATE ACROSS THE DRIVEWAY. YEAH. CAN YOU PLEASE CLARIFY WHERE THE GATE IS ACROSS THE DRIVEWAY? IS THAT WHERE THE, IS THAT WHERE THE RECYCLE BIN IS? YES. WHERE THE RECYCLE CAN IS? YES, SIR. BECAUSE IT DOESN'T LOOK LIKE IT OPENS. I MEAN, DOES IT OPEN? IT OPENS, YES. OKAY. YEAH. AND HERE'S YOUR CLEAR VISION AND YOUR SURROUNDING AREA STAFF RECOMMENDATION. BEACON HILL NEIGHBORHOOD CONSERVATION DISTRICT STAFF RECOMMENDS DENIAL ON BILL O 8 23 1 0 3 0 0 1 9 7. BASED ON THE FOLLOWING FINDINGS, THE NEIGHBORHOOD CONSERVATION DISTRICT STANDARDS ARE CREATED TO PROJECT UNIFORMITY IN THE NEIGHBORHOOD. AND TWO, THE FENCING GATE ACROSS THE DRIVEWAY WILL ALTER THE CHARACTER OF THE DISTRICT. AND THREE, THE PROPOSED SIX FOOT PRIVACY FENCE WILL RESULT IN INCONSISTENT DEVELOPMENT PATTERNS AS NO OFFENSES EXCEEDING THE HEIGHT REQUIREMENT WERE SEEN IN IMMEDIATE AREA STAFF ION CLEAR VISION STAFF RECOMMENDS APPROVAL AND B O 8 23 1 0 3 0 0 1 9 7 BASED ON THE FOLLOWING FINDINGS, THE VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. AND THE DISTANCE IN PREDOMINANTLY OPEN FENCE WILL NOT IMPEDE VEHICLES FROM ENTERING OR EXITING THE PROPERTY. NOTIFICATION PLAN. STAFF NOTE OUT 27 NOTICES. ZERO IN OPPOSITION. ZERO IN FAVOR, ZERO IN OPPOSITION. AND, UH, BEACON HILL DID RESPOND, THEY'RE ASKING FOR CONTINUANCE. SO THAT'S ON THE NEXT, UM, SLIDE. THERE'S PUBLIC RESPONSES. SO BEACON HILL IS ASKING FOR CONTINUANCE. UH, THEY WANT TO MEET WITH HER ON AUGUST 14TH. UM, I GUESS THEY DIDN'T HAVE A CHANCE TO MEET WITH HER BEFORE, SO THEY'RE ASKING FOR A CONTINUANCE. OKAY. MANNA COMMISSIONER MANNA. SO QUESTION FOR STAFF. SO, SO IT DID LOOK LIKE THERE WERE SOLID FENCING, UH, BUT SIX FOOT FENCING GOING FROM THE FRONT OF THE PROPERTY, UH, FROM THE FRONT OF THE PROPERTY LINE TO THE STREET. AND SO WOULD THAT BE ALSO A PART OF THE DIALOGUE HERE? THAT'S THE FRONT. THE FRONT. OKAY. ALRIGHT. SO IF THERE'S, LET'S HEAR FROM THE APPLICANT. YES. MS. CSAR. HI. IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE. YES, MY NAME IS JOANNE GALVEZ. UM, I'M THE OWNER TO THAT HOUSE. I'VE LIVED THERE FOR 34 YEARS, AND, UH, I'VE MAINTAINED MY HOUSE, I'VE TAKEN CARE OF IT. UM, BACK IN MARCH I HAD, UM, TWO CODE COMPLIANCE PEOPLE THAT TOLD ME THAT I DID NOT NEED A PERMIT TO PUT A FENCE. AND, UH, THAT TIME I WAS, FOR THE PAST THREE YEARS, I'VE HAD, UM, IN MY NEXT DOOR NEIGHBOR, WHICH THAT HOUSE IS VACANT. THE HOUSE THAT YOU SAW HAS BEEN VACANT FOR THREE YEARS. WE HAVE HOMELESS PEOPLE THAT GO IN AND OUT. AND, UH, I HAD LET THESE PEOPLE KNOW THE ONE THAT THEY OWN THAT HOUSE BECAUSE THEY COME AND PICK UP THEIR MAIL MAYBE ONCE A MONTH. I LET THEM KNOW WHAT WAS GOING ON BEFORE I HAD PUT THE FENCE. AND THEY REALLY DIDN'T WANNA DO ANYTHING. THEY TOLD ME THEY WEREN'T GONNA FIX THE, THE HOUSE. THEY WEREN'T GONNA DO ANYTHING BECAUSE THEIR HOUSE HAS BEEN ABANDONED FOR ABOUT THREE YEARS. THEY DIDN'T, THEY LITERALLY, THEY DIDN'T HAVE A FRONT DOOR. AND UH, AND [03:45:01] THE WINDOWS ON THE SIDE WERE NO WINDOWS. YOU COULD ACTUALLY SEE ANIMALS JUMP IN AND OUT THROUGH THE WINDOW WHERE IT'S BOARDED RIGHT THERE. THAT FENCE, UH, THAT, UH, DOOR, THEY JUST FINISHED PUTTING IT ROUGHLY MAYBE THIS JANUARY, FEBRUARY. I MEAN, AFTER THREE YEARS OF ME TELLING THEM IN A NICE WAY, NEVER ARGUMENTAL, BECAUSE, YOU KNOW, I JUST DON'T ARGUE. YEAH. UH, LETTING THEM KNOW, HEY, YOU KNOW WHAT, YOU HAVE SQUATTERS LIVING IN YOUR HOUSE, YOU KNOW, AND IT GOT TO THE POINT THAT THEY WERE, THEY JUMPED OVER MY FENCE. THEY BROKE THE FENCE AND THEY WERE STAYING IN THE BACK OF MY YARD. YOU KNOW, I HAVE A SON WHO HAS A DISABILITY, UH, DOWN SYNDROME. AND, UH, I MEAN, I HAD NO CHOICE, BUT I DID DO OTHER THINGS. BEFORE I PUT THAT FENCE, I WENT AHEAD AND PUT A MOTION LIGHT RIGHT IN FRONT OF MY HOUSE. MAYBE IT WOULD SCARE THEM OFF, YOU KNOW, WHEN THEY WOULD WALK INTO THAT HOUSE, YOU KNOW, AND BESIDES LEAVING MY LIGHT OUT IN, IN FRONT OF MY HOUSE, I ALSO DID, UH, CALL SS A P D SO THEY COULD DO PATROL BUYS BECAUSE, YOU KNOW, I MEAN, IT'S SCARY WHEN YOU HAVE HOMELESS PEOPLE LIVING IN AN ABANDONED HOUSE. YOU DON'T KNOW THEIR ATTENTIONS OR MOTIVE WHERE THEY CAME FROM. IF, IF THEY CAME FROM OUT OF TOWN, THEY MIGHT'VE HEARD SOMEBODY OUT OF TOWN. AND NOW, YOU KNOW, THEY'RE DRIFTERS. AND, UH, I HAVE MY SON THAT I HAVE TO PROTECT. AND, UH, BUT I DID CALL SS A P D TO DO PATROL BIAS. UM, HAVE THERE BEEN ANY COMPLAINTS IN, I'M SORRY TO INTERRUPT YOU, BUT HAVE THERE, HAVE THERE BEEN ANY, UM, UM, REASONS FOR THE POLICE TO SHOW UP AND ARREST ANYBODY? HAS THERE BEEN ANY NO. IN FACT, I DID TELL THE POLICE THAT IF THEY DO ARREST SOMEBODY TO LET ME KNOW SO I COULD PUT SOME CHARGES AND ALSO LET THE PEOPLE KNOW, HEY, YOU KNOW WHAT? 'CAUSE I WANTED TO LET THE POLICE KNOW, YOU KNOW, THESE PEOPLE WHO OWN THAT HOUSE, THEY DON'T CARE WHAT'S GOING ON. I DO, I DO. I MEAN, I, SO THE FENCE IS THERE FOR THE PROTECTION OF YOUR PROPERTY FROM THIS AND MY SON AND MYSELF. OKAY. MY, YOU KNOW, AND I MEAN, IT, IT, IT GOT, YOU KNOW, IT'S GOTTEN SO SCARY BECAUSE IT'S NOT JUST ONE, TWO OR THREE PEOPLE. THERE'RE MORE, YOU KNOW, AND IT'S JUST ME AND MY SON. AND, UH, UH, I ALSO HAD TO PURCHASE A GUN. I HAD TO PURCHASE A GUN, YOU KNOW, FOR MY SAFETY BECAUSE, YOU KNOW, YOU COULD ONLY, YOU, YOU KNOW, WHEN THINGS ARE HAPPENING, WHEN THINGS ARE HAPPENING, YOU DON'T KNOW HOW LONG THE POLICE ARE GONNA GET THERE. I WAS AFRAID SINCE THEY WERE ALREADY STAYING OVER IN MY YARD THAT ONE OF THESE DAYS THAT I WAS GONNA COME HOME, FIND SOMEBODY IN MY BACK ROOM. THAT WAS WHAT I WAS AFRAID OF FROM MY BACKYARD FOR THEM TO MOVE TO, TO TRY TO BREAK IN THROUGH MY, UH, HOUSE. OKAY. AND, UH, UH, I DON'T EVEN, I DON'T EVEN PARK. I DON'T USE IT AS A DRIVEWAY. I PARK IN THE STREET. SO THE WAY IT IS, THE WAY YOU SEE IT IS THE WAY I, MY HOUSES, I, YOU KNOW, IF THOSE TWO CODE COMPLIANCE PEOPLE AT DIFFERENT TIMES, THEY DIDN'T TELL ME THE SAME TIME. IF THEY WOULD'VE HAD TOLD ME I NEEDED A PERMIT, I WOULD'VE NOT BEEN HERE TODAY. YOU KNOW WHAT, WHAT HAPPENS IS, IS THAT WHEN YOU, WHEN YOU ARE REPLACING YOUR FENCE AND IT'S LESS THAN 25%, YOU DON'T NEED A PERMIT. UHHUH . SO THEY MAY HAVE, MAY HAVE BEEN CONFUSED WITH WHAT YOU WERE TRYING TO ACCOMPLISH, UHHUH. THEY JUST, THEY JUST PROBABLY SAW A PIECE OF YOUR FENCE. THEY JUST ASSUMED THAT YOU WEREN'T GONNA HAVE AN ISSUE WITH HEIGHT OR NO, I DID TELL 'EM THAT, YOU KNOW, I WAS GONNA REPLACE THE WHOLE FENCE. I WAS GONNA REPLACE THE WHOLE FENCE. OKAY. YOU KNOW, AND, UH, YOU KNOW, I DID EXPLAIN THIS TO THE BEACON HILL ASSOCIATES AS WELL, UH, ABOUT A WEEK AND A HALF AGO. AND, YOU KNOW, THEY DID AGREE AND APPROVED IT AT THAT TIME. THEY TOLD ME THAT THEY WERE GONNA SEND A LETTER TO MR. TREVINO PICTURES ALSO, BECAUSE THEY WERE LETTING ME KNOW THAT THE, UH, FEW NEW FENCE WOULD MATCH UP WITH THE GRANDFATHER FENCE, YOU KNOW. WELL, THE, THE BEACON HILL IS ASKING FOR A CONTINUANCE BECAUSE YES. UH, THEY, THEY ARE, THEY ARE BECAUSE, UH, WOULD YOU BE OPPOSED TO THAT TO GO MEET WITH THEM? OR DO YOU WANT US TO MOVE FORWARD AND, AND WELL, I WOULD LOVE, YOU KNOW, IT'S BEEN THREE YEARS, YOU KNOW, I MEAN, I'M, I'M, I DON'T KNOW IF, IF YOU, ANY OF YOU HAVE A, A DISABLED CHILD, YOU GOTTA FOCUS ALL THE TIME. THEIR EYES, YOUR EYES ALWAYS ON THEM. ALWAYS, ALWAYS. [03:50:01] WHAT KIND OF MOTHER AM I GOING TO BE IF I'M NOT PROTECTING MY CHILD? YOU KNOW, BESIDES HIM HAVING DOWN SYNDROME, HE FINDS GOODNESS. AND EVERY EVERY PERSON HE MEETS, YOU COULD DO SOMETHING. YOU COULD BE MEAN TO HIM AND HE'LL STILL TRY TO FIND SOMETHING GOOD. I WOULD HATE IF SOME HOMELESS PERSON WOULD'VE DONE SOMETHING WRONG TO ME OR TO HIM. HE CAN PROTECT HIMSELF. HE CAN PROTECT ME. SO IT'S ME COMING TO YOU ALL AND I'M ASKING YOU, YOU KNOW, TO PLEASE, YOU KNOW, HELP ME KEEP THAT FENCE BECAUSE IF, IF THERE'S ANY WAY THAT YOU ALL GONNA ASK ME TO MODIFY IT, IT'S GONNA START THE WHOLE THING ALL OVER AGAIN. THEM JUMPING OVER MY FENCE. WELL, LET'S SEE IF WE HAVE, UM, I, I UNDER, I UNDERSTAND. LET'S SEE IF THERE'S ANY QUESTIONS, UH, FOR YOU. UM, I, I'M GOING TO JUST START OFF AND JUST ASK, UM, YOU, YOU, UH, SO YOU MENTIONED YOU DON'T USE IT AS A DRIVEWAY, YOU PARK IN THE STREET? NO, JUST LIKE THAT. I JUST KEEP, I PARK IN THE STREET. OKAY. IN FACT, YOU COULD SEE MY CAR PARKED. DOES YOUR GATE SWING OPEN OR SLIDE? UH, THE IRON FENCE. YOU OPEN IT UP ON BOTH SIDES, OPENS OUT OR IN, UH, OPENS OUT. OKAY. AND, UM, YEAH, THAT'S, THAT'S ALL THE QUESTIONS I HAVE. IS THERE ANY OTHER COMMISSIONERS LIKE THAT? ANNA, COMMISSIONER AMANDA? SO, UM, CAN YOU BRING UP, UH, THE GOOGLE, UH, GOOGLE DRIVE AND THEN SHOW IT FROM THIS DRIVEWAY HERE POINTING TO THE BACKYARD? 'CAUSE IT SHOWS, I GUESS THE FENCE THAT WAS REPLACED. AND JUST WANT TO JUST KIND OF TALK THROUGH THAT A LITTLE BIT. AND SO, SO WHILE THEY'RE BRINGING THAT UP, SO IT LOOKS LIKE THE BACK FENCE IS, IS IT A SIX FOOT CHAIN LINK FENCE ON THE BACKSIDE OF THE PROPERTY ON THE BACKSIDE OF YOUR HOUSE? ON, ON, ON MY SIDE, YES. I HAVE SIX FOOT. SIX FOOT. OKAY. SIX FOOT BECAUSE AND SO THEN, AND SO, UH, THE FENCE THAT YOU REPLACED, DOES IT GO ALL THE WAY BACK TO THE, TO THAT BACK FENCE THEN TO THE FENCE? YES, SIR. OKAY. AND SO, LET'S SEE HERE. THEY'RE BRINGING IT UP HERE. SO I BROUGHT UP, YEAH. SO IF YOU GO A LITTLE BIT NEXT DOOR, THEN COME BACK AND LOOK IN THE PROPERTY. YEAH. GO ONE MORE, UH, TOO FAR, SO, OH YEAH, IF YOU, AND TURN IT TOWARDS IT THEN. OH, OKAY. THERE WE GO. OKAY. SO, UM, SO ONE OF THE QUESTIONS I GUESS I WOULD ASK IS THAT YOU HAVE THE WOOD FENCE COME ALL THE WAY TO THE FRONT TO THAT. TO THE FRONT BROAD IRON FENCE. YES, SIR. AND SO, UM, I GUESS A QUESTION I WOULD ASK, IS THERE ANY POSSIBILITY OF JUST THAT FRONT SECTION TO BE ALSO PREDOMINANTLY OPEN, BUT AT SIX FOOT HEIGHT, YOU KNOW, TO KEEP THE PEOPLE FROM NEXT, YOU KNOW, COMING IN, BUT TO OPEN IT UP? AND THE REASON WHY I ASKED THAT QUESTION IS THERE'S A DRIVEWAY NEXT TO YOUR DRIVEWAY AND WE'LL ASSUME THAT AT SOME POINT, UM, THAT THE HOME BECOMES OCCUPIED AGAIN AND THERE'S PEOPLE PARKING IN THAT DRIVEWAY, THEN IT'LL BE HARD FOR THEM TO SEE OUT AS WELL. AND SO PART OF THE DIALOGUE IS THIS DIALOGUE ABOUT CLEAR VISION AND WANTING TO BE SAFE. MM-HMM. . AND SO, SO IF THEY CAN'T SEE THROUGH THE WOODEN FENCE, THEN IT KIND OF EXPOSES THEM DRIVING OUT AS WELL AS YOU TOO. BUT, UM, YOU KNOW, AND SO, SO, SO WOULD, WOULD YOU CONSIDER, OR WOULD IT BE OKAY TO CONSIDER PUTTING IN LIKE YOUR LOVELY WROUGHT IRON FENCE ALONG THE SIDE THERE TO AT LEAST THE FRONT OF THE HOUSE AND HAVE THE, YOU KNOW, UH, YOU CAN HAVE IT SIX FOOT, BUT, BUT HAVE THAT SO IT'S OPEN? WOULD THAT BE OKAY? OR, OR WOULD THAT PRESENT ANY CHALLENGES, DO YOU THINK? I DON'T, I'VE PUT IN SO MUCH MONEY THAT I DON'T HAVE, SIR. I EVEN PAID A SURVEYOR EVEN THOUGH I HAD AN OLD SURVEY BECAUSE MY HOUSE WAS BUILT IN I THINK 1924. UH, I HAD A SUR I HAD TO PAY A SURVEYOR SO HE COULD MARK IT SO I COULD MAKE SURE IT WOULD BE INSIDE MY PROPERTY LINE. HE WAS EXPENSIVE, YOU KNOW, I MEAN, I PAID FOR THE FENCE, YOU KNOW, $3,500. I PAID FOR THE VARIANCE 410. AND THEN WE HAVE THE GUN THAT, SO WELL THAT I HAD TO PAY. OH, I'M SORRY. WELL, NO, HE'S, SO WHAT COMMISSIONER MANN IS ASKING, UH, IS BASICALLY, IT WOULDN'T EVEN BE A PANEL BECAUSE YOUR VARIANCE IS FOR A ONE FOOT EIGHT VARIANCE FROM THE 15 FOOT. IT'S NOT EVEN A LOT. BUT WHAT DO YOU MEAN BY THAT? WELL, HE'S, HE'S, IT'S, IT WOULD JUST BE LIKE A COUPLE FEET TO BE WROUGHT IRON. SO IT, IT'S, OH, LIKE, IN OTHER WORDS, TO TAKE THAT CORNER, MAKE THAT CORNER WROUGHT IRON, ESSENTIALLY JUST ONE PANEL. LIKE WHAT, LIKE ONE PANEL? THAT'S IT. JUST LIKE RIGHT HERE. JUST RIGHT THERE. MAYBE RIGHT HERE. YEAH, JUST RIGHT THERE. WHY DON'T YOU BRING UP ONE OF THE PICTURES THAT SHOWS THE WOOD FENCE. OKAY. ZOOM INTO THAT. OKAY. [03:55:01] SO ONE PANEL FROM, FROM THE FIRST WOOD POST, THAT FIRST WORD POST UP, MAKE THAT, OH, JUST REMOVE ONE BOARD OR ONE SECTION JOY, ONE SECTION. I DON'T UNDERSTAND. UH, HOW MANY BOARDS WOULD THAT BE? SO THAT, SO FROM THAT, THAT POST STAYS, BUT FROM THAT POST, FROM THAT POST MOVE YOUR CUR THAT THAT POST, RIGHT. THE FIRST POST THAT YOU SEE WHY, WHO'S POINTING ? I'M SORRY. MAYBE RIGHT HERE. YEAH. THE VARIANCE IS FOR ONE FOOT EIGHT. SO IT'S, IT'S THAT FROM THAT POST TO THE WROUGHT IRON, INSTEAD OF IT BEING WOOD, HAVE IT BE WROUGHT IRON RIGHT THERE. JUST WAIT ONE LITTLE SECTION. AND, AND, AND THE PRIMARY REASON THAT IS JUST TO KEEP EVERYBODY SAFE. 'CAUSE IT WOULD BE HORRIBLE IF SOMEONE GOT HURT BY A CAR OR SOMETHING. I SEE. AND THAT'S REALLY, YOU KNOW, ONE OF THE THINGS THAT WE WANNA MAKE SURE THAT, YOU KNOW, NEVER HAPPENS OR, OR TRY TO PREVENT. CERTAINLY. SO THAT FIRST BOARD BACK THIS WAY? YES. YEAH, RIGHT THERE. THAT ONE. YEAH. IT'S, WHICH I MEAN THAT POST THAT YOU'RE, YOU'RE TALKING ABOUT THE POST EXCEPT YOU RIGHT. YOU COULD KEEP THE, YOU COULD KEEP THE POST, BUT FROM THE POST TO THE CORNER TO THE FENCE TO THE FRONT WHERE THE SIDEWALK IS, MAKE IT OPEN. YES. MAKE IT OPEN. MAKE IT OPEN. IT'S ONLY, IT ONLY NEEDS TO BE LIKE, YOU'RE ONLY SHORT A COUPLE FEET. LIKE, UH, THAT'S IT. I, IF I CAN YES. COMMISSIONER SPIEL SOMETHING IN THERE. UH, IT STILL PROBABLY WOULDN'T COMPLY WITH THE BEACON HILL. UH, YOU KNOW, ORDINANCES, THE, THE FENCE. THERE ARE A LOT OF OPTIONS THAT COULD BE MODIFIED AND, YOU KNOW, THERE THINGS THAT THE NEIGHBORHOOD ASSOCIATION COULD AGREE TO, I'M SURE. BUT YOU KNOW, THE, THE NEIGHBORHOOD MEETING IS JUST IN A COUPLE OF WEEKS. SO, AND IT SEEMS LIKE I'D FEEL A LOT MORE COMFORTABLE IF SHE WOULD AT LEAST PRESENT IT TO THEM. 'CAUSE SHE'S ONLY MET WITH THE ZD COMMITTEE AND THE NEIGHBORHOOD HASN'T HAD A CHANCE TO REALLY WEIGH IN ON IT YET. SO WHAT HAPPENS WITH THIS IS, UM, YOU NEED NINE COMMISSIONERS, UHHUH TO VOTE FOR SOMETHING TO PASS UHHUH , AND THERE'S 10 PEOPLE SITTING HERE. MM-HMM. . AND WE'VE HEARD FROM, UH, A COUPLE COMMISSIONERS THEY, THAT THEY'D REALLY LIKE YOU TO GET BACK WITH THE NEIGHBORHOOD ASSOCIATION MM-HMM. SO THEY'D FEEL MORE COMFORTABLE ENTERTAINING THIS. UM, SO WE'RE, WHAT WE'RE, I MEAN, IF I'M GONNA GIVE YOU THE OPTION, WE CAN MOVE FORWARD WITH THE VOTE, BUT KNOWING THAT YOU GOTTA HAVE NINE OF US, UH, OR WE CAN DO A CONTINUANCE AND HAVE YOU GO MEET WITH BEACON HILL. THE THING IS THEY HAD APPROVED IT AT FIRST. WELL THEN THEY, THEN YOU SHOULDN'T HAVE A PROBLEM GETTING THEM TO A, THEY HAD THE, THEY HAVE THE LETTER. OKAY, WELL, THEY MUST SENT AND PICTURES. WELL, I'M GIVING YOU THE CHOICE. WE CAN TAKE A VOTE NOW KNOWING YOU HAVE NINE OF US, THAT MEANS IF TWO PEOPLE VOTE NO, IT'S YOU, IT DOESN'T PASS. AND THAT'S IT. MANANA COMMISSIONER, MANNA. SO, AND I THINK THE COMMISSIONER IS, UH, UH, HAS A VERY VALID POINT HERE. AND, AND I THINK, YOU KNOW, ONE OF THE QUESTIONS THAT, YOU KNOW, THAT YOU COULD BRING UP IS THIS DIALOGUE ABOUT, UM, UM, YOU KNOW, HAVING PART OF THAT FENCE BE OPEN, BECAUSE THAT'S ONE OF THE QUESTIONS THAT WOULD BE ASKED IS, YOU KNOW, THAT IS A CHALLENGE FOR THE COMMUNITY ITSELF. MM-HMM. . AND THEN YOU WOULD BE ABLE TO HAVE THAT DIALOGUE AND SAY, HERE'S WHAT MY PLAN IS, IS TO ACTUALLY REPLACE THESE WOOD PIECES WITH, WITH, WITH THE, WITH A LITTLE BIT OF METAL. AND WOULD THAT BE SATISFY THE REQUIREMENT? AND I THINK THAT WOULD BE VERY BENEFICIAL FOR THAT PART OF THE CONVERSATION FOR YOU. I SEE. I SEE. OKAY. AND MR. CHAIR, WE DO HAVE PUBLIC COMMENT ON THIS ITEM. OKAY. AND, UH, SO WHAT WE'RE GONNA DO IS WE'LL LISTEN TO SOME PUBLIC COMMENTARY AND THEN WE WILL MAKE A MOTION. SO IS, IS IT VOICEMAILS OR SOMEONE? VINCENT, CAN YOU PLAY THE VOICEMAILS AND WE HAVE SOMEONE IN, IN THE AUDIENCE AS WELL. OKAY. RIDE. I LIVE AT EIGHT OH FIVE WEST MULBERRY STREET. PHONE NUMBER IS (918) 348-2125. I'M CALLING IN REGARD TO THE CASE NUMBER ENDING IN 1 9 7 FOR MS. JOANNE GALL'S, UM, REQUEST TO ADDISON'S. AND WE'RE JUST CALLING IN SUPPORT OF HER TO SAY THAT WE'RE OKAY WITH THAT. THANK YOU. OKAY. REGARDING CASE NUMBER BOA DASH TWO THREE DASH 0 3 0 0 1 9 7 AT 9 3 5 , THIS IS DANIEL HUBING. I RESIDE AT TEN TWENTY FIVE WEST ATCH. MY PHONE NUMBER IS (210) 287-9025. DEAR BOARD OF ADJUSTMENT MEMBERS, BEACON HILL AREA NEIGHBORHOOD ASSOCIATION. REQUEST THAT YOU CONTINUE THIS CASE UNTIL AFTER OUR NEIGHBORHOOD ASSOCIATION MEETING ON AUGUST 14TH, SO THAT THE APPLICANT HAS A CHANCE TO PRESENT TO HER BEACON HILL NEIGHBORS IF SHE WISHES THE APPLICANT MET WITH THE ZONING AND DER DESIGN COMMITTEE ON JULY 17TH BECAUSE OF THE DRIVEWAY GATE, WHICH WE HAVE CONSISTENTLY OPPOSED. AND OTHER BEACON HILL PROPERTIES THAT HAVE COME BEFORE THE BOARD OF ADJUSTMENT. AND BECAUSE OF SOME FEEDBACK ON THE FENCE FROM YOUR NEIGHBORS, [04:00:01] WE CANNOT SUPPORT THESE VARIANCES TO CD FIVE WITHOUT A NEIGHBORHOOD VOTE. WE HAVE CONTACTED MS. ALVEZ TO INVITE HER TO PRESENT AT THE NEIGHBORHOOD ASSOCIATION MEETING. MS. ALVEZ PRESENTATION DOES NOT IN ANY WAY APPLY THAT THE RESIDENTS OF BEACON HILL WILL VOTE TO SUPPORT HER VARIANCE REQUESTS. MS. ALVEZ TALKED TO US ABOUT WHAT SHE PERCEIVES AS SQUAD IS THE NEXT DOOR VACANT HOME. WE ARE WORKING WITH THE SAFE OFFICER CODE OF ENFORCEMENT AND THE VACANT BUILDING OFFICER TO HELP MS. VEZ. IF A CONTINUANCE IS NOT GRANTED, PLEASE SUPPORT OUR NC D FIVE STANDARDS AND DENY THIS REQUEST FOR ONE A FOUR FOOT SPECIAL EXCEPTION FROM THE NC NCD FIVE MAXIMUM TWO FOOT HEIGHT TO ALLOW A SIX FOOT PRIVACY FENCE ALONG THE FRONT YARD TO A VARIANCE FROM THE NCD FIVE TO ALLOW A GREAT STRUCTURE ACROSS THE DRIVEWAY. AND THREE, A ONE FOOT EIGHT INCH VARIANCE FROM THE MINIMUM 15 FEET CLEAR VISION REQUIREMENT TO ALLOW A FENCE TO BE 13 FEET FOUR INCHES FROM THE FRONT YARD DRIVEWAY CURB RESPECTFULLY, DANIEL HUBING, CHAIR ZONING AND URBAN DESIGN COMMITTEE, BEACON HILL AREA NEIGHBORHOOD ASSOCIATION. AND IN THE AUDIENCE WE HAVE MS. FLORENCIA COX. HELLO. OH, UH, IF YOU COULD JUST STATE YOUR NAME AND TELL US. OH, FLORENCIA BONNER COX. YEAH. TELL US YOUR THOUGHTS. I'M THE PART OWNER OF 9 31 WEST AGIR, THE ABANDONED HOUSE. OKAY. UM, TO START THREE YEARS AGO WHEN I LOST MY SISTER, WE'RE BOTH ON THE HOME. I TOOK IT TO OFFER IT TO MY NEPHEW IF ONLY HE PAID THE TAXES. UNFORTUNATELY, HE ABANDONED THE HOME AND NOBODY NOTIFIED MYSELF OR MY NIECE. AND SO NOW I'M STUCK WITH TAXES, I'M STUCK WITH UTILITY BILLS. AND THERE WAS AN ORIGINAL FOUR FOOT FENCE IN THE FRONT. UM, THE HOUSE IS NOW GOING TO BE RESTRUCTURED AND WORKED ON, UM, TO BECOME A RENTAL PROPERTY. UM, I'M WORKING ON THAT. I'VE BEEN THERE ALMOST EVERY DAY TO PICK UP MAIL TO CHECK ON THINGS. I CHECKED WITH THE SAFE OFFICER OF, UM, THE NEIGHBORHOOD ASSOCIATION. THERE HAS BEEN NO POLICE REPORTS TO MY ADDRESS OF 9 31 WEST AGIR OR AGONY, EXCUSE ME. SO ALL THE HOUSE I CHECKED, I HAD ONE OF OUR OFFICERS GO WITH ME, WE CHECKED THE BACK DOOR, I LET HIM COME IN THE HOUSE. IT'S BLOCKED IN IT'S BOARDED UP. THERE'S NO WAY THAT THEY CAN GET IN. IT'S GOT A BOARD ON THE OUTSIDE AND ON THE INSIDE OF THE HOUSE. OKAY. OKAY. AND THEN IT'S GOT A BAR ACROSS IT. THE WINDOW, THE BOARD THAT WAS BOARDED UP THAT MY NEPHEW LEFT DIDN'T, I DIDN'T REALIZE THAT ALL OF THIS DIDN'T COME ABOUT UNTIL JUNE 24TH WHEN I WENT TO THE PROPERTY TO GO CHECK ON THE LAWN, MAN THAT I HAD HIRED A NEW PERSON TO START DOING THE GRASS. SO THE GRASS HAS BEEN DONE. THAT'S WHEN I NOTICED THAT THE, MY, THE FENCE WAS KNOCKED DOWN. I HAD NEVER BEEN NOTIFIED OR CONTACTED. UH, I SPOKE WITH MY NEPHEW. HE NEVER GOT ANY EMAILS OR NOTHING IN THE MAILBOX. IT'S A LOCK BOX SO NOBODY CAN GET THE MAIL OUT. I HAVE TAKEN SOME PICTURES OF MYSELF. I HAVE A SMALL NISSAN CUBE, WHICH IS NOT A VERY HIGH CAR. NO, YOU, YOU ONLY HAVE THREE MINUTES. OKAY. I'M GOOD. WHAT WE WANT TO HEAR IS, WHAT DO YOU THINK ABOUT THE VARIANCE? ARE YOU IN SUPPORTIVE OF WHAT IT LOOKS LIKE OR YOU'RE NOT? NO. OKAY. IS THERE ANYTHING THAT YOU, WE, WE SHOULD KNOW ABOUT WHAT YOU WOULD LIKE IT TO BE? THE PICTURES SHOW IF I'M COMING DOWN THE SLOPE, BECAUSE IF YOU NOTICE ON, YOU CAN SEE THE SLOPE THAT I HAVE ON MY DRIVEWAY MM-HMM. AND BECAUSE OF THE NEW EXTENSION OF THE FENCE, I CAN'T SEE OUT. I TOOK SEVERAL PICTURES, LIKE A COUPLE OF FEET GOING DOWN AND I STILL CANNOT SEE. THERE IS A CAR ALWAYS PARKED IN THE FRONT YARD OF 9 35. WITH THAT, IF YOU'LL SHOW THAT ONE, THAT'S WHAT I'M, I AM RIGHT AT THE EDGE OF THE, I'M ALMOST ONTO THE SIDEWALK AND I STILL, I'M IN THE FRONT SEAT. GOT IT. AND I CAN'T STILL SEE OUT. SO THAT'S MY CONCERN WITH THAT. OKAY. WELL, YOU KNOW, THAT'S WHAT WE'RE HERE FOR, TO LISTEN TO EVERYONE'S CONCERNS. SO LET'S, UM, THANK YOU VERY MUCH. THANK YOU. MM-HMM. , I HAVE A QUICK QUESTION. YES. WHEN IS THE, UH, YOU SAID IT WAS GOING, IT WAS IN A [04:05:01] REHAB PROCESS, THE HOME WE'RE STARTING TO YES. ABOUT HOW LONG DO YOU ESTIMATE THAT'S GONNA TAKE? WELL, THE THINGS THAT WERE LEFT IN THERE, I'M GONNA HAVE TO PAY, UM, SOME DUMPSTERS TO GET IT OUT. SO IT'S GONNA TAKE ME FINANCIALLY QUITE A BUNCH. SO, UH, OKAY. I'D SAY SIX MONTHS. OKAY. I'M JUST TRYING TO GIVE THE, THE APPLICANT JUST AN IDEA OF THE PLANS FOR THAT HOME. AND HOPEFULLY IT WON'T BE, UH, VACANT FOREVER. WE'RE STARTING, UM, ALSO PUTTING SOLAR LIGHTS ON THE OUTSIDE. GOOD. OKAY. OKAY. ALRIGHT. THANK YOU. THANK YOU. SO, UM, COME ON BACK UP. SO NOW THE ONLY PUBLIC, UH, COMMENT, THAT WAS IT, CORRECT? YEAH. BUT FOR THREE YEARS. WELL, WHY DIDN'T YOU DO THIS WAY BACK THEN? I MEAN, SAYING YOU'RE GONNA DO IT SIX MONTHS. OKAY. WE'RE, WE'RE NOT, THIS ISN'T, THIS ISN'T ABOUT RENOVATING, THIS IS ABOUT YOUR FENCE. YES. AND, AND RIGHT NOW THE NEIGHBORHOOD ASSOCIATION REALLY WANTS TO MEET WITH YOU ABOUT IT. OKAY. AND SO I'M GONNA OFFER, WOULD YOU LIKE US TO MOVE FORWARD NOW KNOWING THAT YOU NEED NINE OF US OR WOULD YOU LIKE TO COME BACK IN A COUPLE WEEKS? I MEAN, I'LL GO AHEAD AND DO IT BECAUSE I MEAN, OBVIOUSLY MRS. SPILLMAN, YOU KNOW, I KNOW THAT, YOU KNOW, YOU DID BRING IT UP THAT YOU DIDN'T WANT TO, YOU KNOW, AGREE WITH IT. I MEAN, I DON'T KNOW IF, IS CYNTHIA YOUR WIFE THE ONE THAT'S IN CHARGE OF THE BEACON HILL? YES. YES. SHE WAS THE ONE THAT, UH, TOLD ME THAT SHE, THAT YOU GUYS APPROVED EVERYTHING AND WELL, WE DON'T, WE DON'T APPROVE EVERYTHING. I MEAN, SHE WOULD NOT TELL ME. I MEAN, WELL, I MEAN, YOU GUYS WOULD HAVE TO, YOU KNOW, OKAY. BUT DO THE FINAL SAY YES. YES. ONE THING IS YOUR NEXT DOOR NEIGHBOR HAS RAISED CONCERNED ABOUT CLEAR VISION, UHHUH AND THE NEIGHBORHOOD ASSOCIATION HAS RAISED CONCERNED ABOUT YOUR VARIANCE. OKAY. AND SO, YOU KNOW, THAT'S, WE, THIS BOARD TRADITIONALLY TAKES THAT INTO CONSIDERATION AND WEIGH OF COURSE, AND APPLY A CERTAIN WEIGHT TO THAT. SO, UM, I, I'M, I'M GONNA OFF, I'M GONNA ENTERTAIN A MOTION FOR A CONTINUANCE. I THINK THAT'S THE RIGHT THING TO DO. I WOULD SECOND THAT. OKAY. SO I MOVED TO CONTINUE, UH, CASE, UH, 23 DASH 3 9 7, UH, TO AUGUST 21ST. I SECOND BY COMMISSIONER MANNA MEETING IS THE 14TH. OH, WE MEETING ON THE 14TH? NO. SO THE 21ST. 21ST, I WOULD SAY, UM, 21ST IS PRETTY FULL, SO, OKAY. IT'S UP TO YOU. BUT, UH, WHEN'S THE ONE AFTER THAT? SEPTEMBER 11TH. ALL SEPTEMBER 11TH. SEPTEMBER 11TH. OKAY. SUPPOSED TO MEET. SHE'S SUPPOSED SHE'LL SHE'LL BE MEETING NEXT WEEK. HOPEFULLY THE 14TH. SO THE MOTION IS TILL SEPTEMBER 11TH. UH, SECOND, IF I COMMISSIONER MANNA. ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? OPPOSED? ANY OPPOSED? HEARING NONE. MOTION PASSES. WERE CONTINUED TO SEPTEMBER 11TH. AND, AND, AND DURING THAT INTERIM, MR. CHAIR, THERE'LL BE NO ACTION ON THE FENCE, RIGHT? I MEAN, YEAH, THERE'S NO ACTION AT THIS WAY. IT'S, IT'LL BE IN A STATE OF, OF, OF HOLD UNTIL WE HAVE A, BUT PLEASE USE THIS TIME TO, YOU KNOW, TALK TO YOUR NEIGHBORS. TALK TO THE NEIGHBOR ASSOCIATION. YEAH. AND, UH, WHEN THE MEETING COMES UP, YOU WANT ME TO MENTION ABOUT THE WHITE, UH, JUST REMOVING THOSE BOARDS AND PUTTING IT INTO A MIDDLE? WELL, YOU CAN TALK TO THEM ABOUT IT. THAT'S WHAT WE WERE TALK, THAT'S WHAT WE WERE BRINGING UP. OKAY. BUT, YOU KNOW, YOU NEED TO, YOU KNOW, TALK TO EVERYBODY ABOUT WHAT YOU COULD DO TO MAKE THEM HAPPY. AND YES. AND WE'LL SEE YOU BACK HERE NEXT MONTH. OKAY? ALL RIGHT. THANK YOU. OKAY. THANK YOU. ALL RIGHT, NEXT ITEM IS ITEM 12. UM, CHAIR. YES. I'M GONNA EXCUSE MYSELF. OKAY, COMM. COMMISSIONER CRUZ IS LEAVING THE MEETING. IT IS 5 22. WE ARE DOWN TO NINE PEOPLE. OH 8 23 1 0 3 0 0 2 0 5. ADDRESS IS 3 4 4 3. HUNTER CIRCLE COUNCIL DISTRICT EIGHT APPLICANT IS COLIN HARDY. A REQUEST FOR A TWO INCH VARIANCE FROM THE MAXIMUM EIGHT FOOT FENCE HEIGHT TO ALLOW A 10 FOOT PRIVACY, PRIVACY FENCE IN THE REAR PROPERTY LINE. THE ZONING IS R SIX RESIDENTIAL SINGLE FAMILY CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED ON HUNTER CIRCLE BETWEEN THE INTERSECTIONS OF HUNTER'S BREEZE AND LOCK HILL SELMA. APPLICANT CONSTRUCTED A 10 FOOT FENCE WITHOUT A PERMIT. THE PRI PROPERTY IS PERMITTED AN EIGHT FOOT PRIVACY SIDE REAR YARD FENCE. SINCE THE AB BUDDYING NEIGHBOR HAS A SWIMMING POOL, THE PROPERTY CONTAINS AN EIGHT FOOT PRIVACY FENCE IN THE REAR. HOWEVER, THE PROPERTY OWNER ADDED AN ADDITIONAL SCREENING FENCE THAT HAS A HEIGHT OF 10 FEET. THIS IS THE SITE PLAN, AND THIS IS THE PROPERTY. THIS IS THE FENCE, AND THIS IS AN UP CLOSE OF THE, THE OTHER FENCE AND THEN THE YARD [04:10:01] SLOPE AND THE SURROUNDING AREA. STEP STAFF RECOMMENDATION, FENCE, HEIGHT, VARIANCE. STAFF RECOMMENDS DENIAL ON BILL O 8 23 1 0 3 0 0 2 0 5. BASED ON THE FOLLOWING FINDINGS, THERE ARE NO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, AND A 10 FOOT FENCE WOULD NOT PROVIDE UNIFORMITY WITHIN THE COMMUNITY NOTIFICATION PLAN. 21. NOTICES WERE SENT OUT, ZERO IN FAVOR, ZERO IN OPPOSITION. AND HUNTER CREEK NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. AND WE HAVE ONE IN FAVOR. UM, 3 34, 3500 CIRCLE. I APOLOGIZE. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT SHOULD BE AVAILABLE. IS THERE A PERMANENT APPLICATION IN PLACE ON THIS? S YES, THERE IS. AS OF JUNE, 2023. OKAY, THANK YOU. HOW WAS THIS CASE ORIGINATED? IT WAS A BUILDING WITHOUT PERMIT FROM CO COMPLIANCE. SO THEY GOT THE CITATION JUNE OF 23, AND THEN THEY CAME IN AND PULLED THE PERMIT A COUPLE DAYS AFTER THAT. ALL RIGHT. LET'S HEAR FROM THE APPLICANT. GOOD AFTERNOON. GOOD AFTERNOON. CAN YOU STATE YOUR NAME AND TELL US ABOUT YOUR CASE? MY NAME'S COLIN HARDY. UH, I LIVE AT 34 43 HUNTER CIRCLE. UM, SO THE, UH, THE FRAME THAT YOU SAW IN THE PICTURE. UM, THE REASON WHY I DIDN'T HAVE A PERMIT ON THAT IS BECAUSE WHEN I BUILT IT, I DID NOT CONSIDER IT A FENCE. UM, I'M NOT SO SURE I DO AT THIS POINT EITHER, BUT, UM, I DID NOT BUILD THAT AS A FENCE. I, IT'S A PRIVACY SCREEN. IT'S A SEMI-TRANSPARENT VISUAL BARRIER. UH, I KNOW THAT MY PARTICULAR PROPERTY MAY NOT HAVE ANY SPECIAL CIRCUMSTANCES, BUT THE PROPERTY BEHIND ME DEFINITELY HAS SPECIAL CIRCUMSTANCES BESIDES JUST A POOL. UH, THE POOL IS NOT ON THE SAME LEVEL GROUND AS MY GROUND BACK HERE. IT IS RAISED, IT'S KIND OF PARTIALLY BURIED. SO, UH, YOU CAN SEE SOMEONE OVER THE TOP OF A REGULAR PRIVACY FENCE. YOU'VE ALSO GOT THEIR DECK. I'LL SHOW THE PICTURES. OH, THANK YOU VERY MUCH. OKAY, SO THEY'VE GOT A SLIDE. THAT SLIDE IS EIGHT FEET IN THE AIR ON TOP OF THAT THREE FOOT RAISED SECTION. AND THEN MY GROUND IS DOWN HERE. SO THE TOP OF THAT SLIDE, IT'S BETWEEN 10 AND 12 FEET. SO WHEN SOMEBODY'S UP THERE, I'VE BUILT THREE PANELS. I WOULD PUT AN ADDITIONAL PANEL THAT WOULD BLOCK THAT SLIDE COMPLETELY. BUT AN EIGHT FOOT FENCE DOESN'T BLOCK IT WHEN SOMEBODY'S UP TOP. YEAH, THERE YOU GO. SO THAT'S WHERE SOMEBODY IS WITHOUT MY LAST TWO PANELS. AND THERE YOU CAN SEE, THAT'S MY, THAT'S MY, UH, BACK PORCH THAT'S CIRCLED THERE. SO THAT'S WHERE I SIT WITH MY WIFE. AND, YOU KNOW, IF SOMEBODY'S ON TOP OF THAT SLIDE, THERE'S, THERE'S NO REASON FOR THEM NOT TO BE ABLE TO LOOK RIGHT AT US, MAKE EYE CONTACT, ET CETERA. UM, SO YES, THE BUILD WITHOUT A PERMIT, I WAS A LITTLE BIT SURPRISED BY, UM, BECAUSE I DID DO RESEARCH ON CITY OF SAN ANTONIO'S WEBSITE. UM, I LOOKED AT CODES AS FAR AS, UH, SHEDS THAT COULD BE BUILT. IF THEY'RE UNDER 200 SQUARE FEET, YOU CAN BUILD A SHED IF IT'S, UH, YOU KNOW, THERE'S A LOT OF DIFFERENT DO'S AND DON'TS ON THE CITY OF SAN ANTONIO WEBSITE THAT ARE VERY HELPFUL. BUT THEY DON'T COVER SOMETHING ALONG THE LINES OF A PRIVACY SCREEN, A TRELLIS, A PERGOLA, AN ARBOR, UH, WHATEVER YOU WANNA CALL THIS STRUCTURE THOUGH IT'S, IT'S INTENDED TO HAVE PLANTS GROWING UP THROUGH IT. SO IT'S, IT'S ALSO IN MY MIND, NOT A FENCE BECAUSE IT DOESN'T, UM, IT DOESN'T BLOCK, UH, INGRESS OR EGRESS FROM ANIMALS OR PEOPLE. IT'S RAISED OFF THE GROUND. SO THE FENCE BEHIND IT IS, IS DEFINITELY THE FENCE. BUT THIS IS A VISUAL BARRIER. IT'S ALSO BEEN, AS YOU CAN SEE, PUT IN, UH, BARRELS WITH CONCRETE SO IT'S NOT EMBEDDED IN THE GROUND. UM, SO I WOULD LIKE TO BE ABLE TO FINISH THIS. I'VE GOT THREE PANELS UP. I'D LIKE TO PUT TWO MORE AND FINISH THE PRIVACY, UH, ASPECT SO THAT MY NEIGHBORS AND MYSELF ARE NOT CONTINUING TO HAVE TO LOOK AT ONE ANOTHER. UM, I KNOW THAT, UH, [04:15:02] NEIGHBOR DISPUTES ARE NOT THE SCOPE OF THIS CONVERSATION, BUT I DO THINK IT IS WORTH MENTIONING THAT THERE IS AN ONGOING HOSTILITY BETWEEN THESE NEIGHBORS. I'VE GOT A POLICE REPORT FROM SATURDAY FOR, UH, AGGRESSIVE USE OF LIGHTS, BEING POINTED AT US. SO THAT, THAT'S KIND OF THE WHOLE PURPOSE OF THIS, IS TO PUT A STOP TO IT. GOOD FENCES, MAKE GOOD NEIGHBORS. WE HAD DID NOT HAVE A GOOD ENOUGH FENCE WHEN WE MOVED INTO THIS HOUSE IN SEPTEMBER. AND I'VE SPENT A LOT OF MONEY. AND, YOU KNOW, WE COULD'VE, YOU KNOW, IF, IF I HAD MAYBE ASKED MORE QUESTIONS, DONE MORE RESEARCH, MAYBE I WOULD'VE DESIGNED THIS DIFFERENTLY. HAD THE, HAD THE POST ITSELF, BE IT EIGHT FOOT, AND THEN ONLY DECORATIVE ELEMENTS BEYOND THAT SO THAT I COULD STILL HAVE 10 FEET OF COVERAGE THAT I NEED. UM, BUT THAT'S, UH, THAT TIME HAS PASSED. SO IF, IF FOR SOME REASON WE HAD TO TAKE THIS DOWN, I MEAN, WE WOULD END UP STILL NEEDING TO PUT SOME SORT OF FENCE TOPPER AT THE TOP. I THINK IT WOULD BE A MUCH MORE COMMON KIND OF AVERAGE LOOKING LATTICE. UH, I'M REALLY PROUD OF THE DESIGN. I DID THIS MYSELF. I'VE WORKED IN BREWER 20 SOME YEARS, UH, ENGINEERED WOOD, THAT'S WHAT I DO. UH, SIZING BEAMS, CHECKING LOADS. UH, THAT IS WHAT I DO FOR A LIVING. UH, SO, UH, I'M PROUD OF THE STRUCTURE AND I WOULD LIKE TO KEEP IT. OKAY. LET'S SEE IF THERE'S ANY QUESTIONS. ANY QUESTIONS FROM THE COMMISSION? I WAS A TOPOGRAPHIC, UH, LAND USE THERE. DO YOU SEE THEM OR THEY SEE YOU OR, YES. IT, IT SLOPE? YES. THE LAND SLOPE. YES. SO THE, THEIR, I WOULD SAY THE STREET IN FRONT OF THEIR HOUSE IS PROBABLY A GOOD SIX FEET OR MORE ABOVE WHERE OUR PACKED PORCH IS. SO JUST AS IT GOES DOWN, UH, WHEN WE MOVED IN, I MEAN, IT WAS DIRECT EYE CONTACT, UM, AND IT, IT DIDN'T END WELL. IT'S UNUSUAL FOR, YOU KNOW, COME HERE WHEN OTHERS COME BECAUSE OF THE SWIMMING POOL. RIGHT? YEAH. HIGH AND, WELL, WE DON'T WANT MY NEIGHBOR TO LOOK RIGHT, BUT NOW THIS I FEEL THE SAME WAY. YEAH. YEAH. SO, SO, OKAY. THANK YOU VERY MUCH. SO ON THIS PICTURE THAT WE'RE SEEING ON THE SCREEN WITH THE, THAT RED CIRCLE, THIS, IS THAT AN IMMEDIATE DROP AT THAT EXISTING FENCE LINE ONTO YOUR PROPERTY? YES. OKAY. SO I MEAN, WOULDN'T THAT BE CONSIDERED, WHAT, WHAT'S HOLDING THE EARTH BACK? IS THERE A RETAINING WALL STRUCTURE DOWN THERE? YES. I THINK YOU CAN KIND OF SEE WHERE THERE'S SOME TIMBERS OFF TO THE RIGHT THERE WHERE THERE'S WHAT LOOKS LIKE A PLANTER. IT SLOPES IMMEDIATELY, UH, ON THE OTHER SIDE OF WHAT I GUESS IS A LANDSCAPE TIMBER RUNNING UP THE BACKSIDE OF IT. I MEAN, SEE, WHEN YOU HAVE A RETAINING STRUCTURE, YOU'RE ALLOWED TO GO ABOVE THAT CORRECT. UP TO EIGHT FEET BECAUSE THERE'S A POOL FEET BECAUSE THERE'S A POOL NEXT DOOR. SO, YOU KNOW, HOW, HOW DOES THAT PLAY INTO THIS? SO HE DOES HAVE THE EIGHT FOOT, WHICH IS FINE. IT'S, THERE'S NO ISSUE WITH HIS EIGHT FOOT CURRENT FENCE. UM, HE ACTUALLY HAS TWO EXEMPTIONS FOR AN EIGHT FOOT FENCE. THE POOL AND THE, UH, AS HE, JUST AS HE SAID, THE, UH, UM, THE SLOPE RIGHT TOP GRAPHICALLY. YEAH. I GUESS WHAT I'M WONDERING IS, IS IF, IF THAT FENCE THAT'S ON THE NEIGHBOR, IF THAT'S A SIX FOOT FENCE AND YOU'RE ALLOWED TO GO TWO FEET ABOVE THAT, RIGHT? IS, THAT'S NOT ENOUGH. SO THAT SIX FOOT FENCE, THE PICTURE WITH THE CIRCLE ON IT, THAT WAS THE, THAT WAS THE FENCE, UM, THAT WAS THERE WHEN WE BOUGHT THE PLACE. UH, THIS ONE YOU SEE HERE IS AN EIGHT FOOT FENCE THAT I PUT UP MYSELF. AND THEN THIS STRUCTURE IS WHAT I PUT UP. SO BASICALLY, UM, BASICALLY I HAD A SIX FOOT FENCE AND I PUT UP THE TRELLIS SCREEN TO GET THE PRIVACY. SO THE TRELLIS IS COMPLETELY, IT'S NOT BEING SUPPORTED BY THE FENCE. IT'S A SEPARATE NO, IT'S NOT. OKAY. OKAY. MANNA COMMISSIONER MANNA. CAN THE CITY DEFINE WHAT THE DIFFERENCE BETWEEN A TRELLIS AND A FENCE IS? PLEASE, PLEASE. UH, PER THE U D C OFFENSE IS A TANGIBLE ENCLOSURE OR BARRIER CONSTRUCTED OF ANY MATERIAL ALLOWABLE BY THIS CHAPTER, BUT NOT INCLUDING HEDGES, SHRUBS, TREES, OR OTHER NATURAL GROWTH ERECTED FOR THE PURPOSE OF PROVIDING A B A BOUNDARY SEPARATION OF AREAS MEANS A PROTECTION TO PREVENT UNCONTROLLED ACCESS, DECORATIVE PURPOSE OR CONCEALMENT, RETAINING WALLS SHALL NOT BE CONSIDERED FENCES. AND THEN FENCE SCREENING IS A FENCE CONSTRUCTED WITHOUT ANY SURFACE VOIDS FOR THE PURPOSE OF BLOCKING A PERSON'S VISUAL VIEW FROM A PUBLIC STREET OR ADJACENT PROPERTY. SO THEY DO FALL UNDER THE CRITERIA OF A FENCE OR FENCE SCREEN. AND THAT'S [04:20:01] WHY THEY HAD TO COME HERE TODAY. WHAT IS THE DEFINITION OF, OF A PERGOLA OR A, YOU KNOW, IT'S ONE OF THOSE OTHER OPTIONS. WELL, A PERGOLA IS GONNA BE ARU A STRUCTURE. IT'S USUALLY ATTACHED TO THE HOME. I THINK IT NEEDS A TR OR A TR SORRY, TRELLIS. I'M SORRY. TRELLIS. AND, AND THE CITY ALSO HAS AN EXEMPTION FOR WALLS AND CERTAIN FENCES UP TO 10 FEET IF IT'S, IF IT'S EXTENSION OF THE HOME. CORRECT. ISN'T THERE? I THOUGHT I READ SOMETHING ABOUT THAT. CORRECT. IF IT'S WITHIN THE, UH, BUILDING SETBACKS. IF IT'S WITHIN THE BUILDING SETBACKS. OKAY. SO, UM, ALL RIGHT. SO WHAT'S BEFORE US TODAY? ON, ON THE, ON THE ACTUAL APPLICATION? HE'S ASKING FOR WHAT HE HAS AND THEN ALSO WHAT HE WOULD LIKE TO BUILD, UH, WHICH, WHICH IS ONLY ALONG THE, UH, REAR OF THE PROPERTY. YES, THAT'S CORRECT. VINCE, CAN YOU SHOW THE SITE PLAN? IT'S THE RED PORTION ALONG THE NORTHERN BOUNDARY OF THE PROPERTY. OKAY. IS THERE ONE SIGNED TO SPEAK OR PUBLIC COMMENT? THERE IS NO PUBLIC COMMENT. OKAY. SO ANY OTHER QUESTIONS? MINKA, COMMISSIONER MINKA, SIR? UM, HAVING BEEN DOWN THIS ROAD A LITTLE BIT, WHY, WHY, UM, UH, IN TERMS OF MAINTENANCE OF WHAT YOU JUST BUILT, YOU KNOW, THERE'S GONNA BE MAINTENANCE OF WATER AND ALL THAT KIND OF BEEN ROTTEN WOOD. WHY, UH, DIDN'T YOU CONSIDER A BERM WITH, UH, TREES? THAT'LL BE PERMANENT. IT'LL GROW AND IT'LL BLOCK EVERYTHING IN ABOUT THREE YEARS AND ZERO MAINTENANCE. UM, UH, I THINK I WOULD SAY I NEEDED TO MUCH MORE IMMEDIATE FIX. AND NOT TO MENTION THAT THE BAD FREEZE THAT JUST HIT THIS LAST WINTER KIND OF DESTROYED SOME TREES THAT WE ALREADY HAD IN PLACE. SO I KIND OF NEEDED THE EYE CONTACT TO STOP IMMEDIATELY WHEN THE HOSTILITY BEGAN. OKAY. ANYONE ELSE? MANNA COMMISSIONER MANNA. SO IF WE GO BACK TO THE FENCE, SO, SO, SO IS THAT AN EIGHT FOOT FENCE AND THEN YOU HAVE TWO FOOT, SO AN EIGHT FOOT FENCE ALREADY EXISTS? YES. AND THEN, AND THEN IN FRONT OF THAT, NOW IS THE EXTENSION THAT'S GOING TO THE 10 FOOT HEIGHT, RIGHT. SO WE HAVE AN EIGHT FOOT FENCE THAT ALREADY EXISTS, CORRECT? YES. OKAY. AND, AND THE EIGHT FOOT IS THE PER THE ENTIRE PERIMETER OF THE BACKYARD, WHEREAS A TRELLIS IS ONLY THE SECTION THAT'S, UM, DELINEATED IN RED, CORRECT? THAT'S THE DIFFERENCE, YEAH. YES. OKAY. AND WE CAN DEFINE, WE CAN USE THE SITE PLAN TO DEFINE THE LIMITS. IF I WAS TO READ THE MOTION, IF SOMEONE WAS TO READ THE MOTION, UM, WE CAN DEFINE JUST THE EXTENT OF THE TWO FOOT VARIANCE. YEAH, I, I, I'M, UH, WANNA MAKE SURE I UNDERSTAND. IF YOU WERE TO MOVE THIS BACK TO WHERE THE SETBACK, UH, PARTS WOULD BE, HE'D BE PERFECTLY, YOU KNOW, UH, WITHIN HIS RIGHTS TO BUILD SOMETHING UP 10 FEET, IS THAT WHAT WE'RE SAYING? I I WAS UNDER THE IMPRESSION THAT IT STILL HAD TO BE HOOKED TO THE HOUSE, CORRECT. THE, YOU TALKING ABOUT THE 10 FOOT, LIKE, CAN YOU JUST BUILD A 10 FOOT FENCE INSIDE OF THE SETBACKS AND HAVE, AND THAT BE OKAY, HAS TO BE ATTACHED TO THE HOUSE? YES, IT HAS TO BE ATTACHED TO THE HOUSE. SO YEAH, THAT'S, THAT'S, THAT'S WHAT I RECALL AS WELL. SO, SO THAT'S WHAT'S BEFORE US. I MEAN, UM, UNLESS THERE'S SOMETHING ELSE YOU WANT TO ADD. I'M, I'M, I HAVE A COMPLETE UNDERSTANDING OF WHAT YOU BUILT AND WHAT YOU WANT TO BUILD. UM, DOES THERE, SO MANNA COMMISSIONER, MANNA, SO, UM, SO THERE'S AN ACCESSORY STRUCTURE ON THE BACKSIDE. UM, SO, UH, DOES THAT LIMITATION, OR FOR, WITH REGARDS TO THE 10 FOOT, UH, WOULD IT ALSO, COULD IT ALSO APPLY TO AN ACCESSORY STRUCTURE? OR DOES IT HAVE TO BE A HOUSE? WELL, EVEN IF IT CAME OFF, THE ACCESSORY STRUCTURE STILL HAS TO COMPLETELY EXIST OUTSIDE OF THE SETBACK. SO BECAUSE HE HAS A REAR SETBACK, HE, IT'S, THAT'S ANOTHER ISSUE. SO EVEN IF IT, EVEN IF THE CITY WOULD, IS THAT CORRECT? I MEAN, IF IT CAME OFF THE ACCESSORY STRUCTURE AND, AND, AND INSTEAD OF BEING ALONG THE FENCE LINE, IT WAS OUTSIDE OF THE SETBACK, I MEAN, WOULD Y'ALL LOOK AT IT AS SOMETHING THAT COULD BE 10 FEET TALL OR DOES IT HAVE TO BE PART OF THE HOME? I BELIEVE THAT WOULD BE PART OF THE PRINCIPAL STRUCTURE. IT CAN'T BE PART OF THE ACCESSORY STRUCTURE. OKAY. OKAY. OKAY. AND WHAT IS IN YOUR, YOUR HOUSE IS, UH, LIKE A HALF ACRE, LITTLE, JUST A HAIR OVER? YES. YOUR LOT. OKAY. YEP. IT'S A, SORRY. YOU HAVE A NEIGHBORHOOD ASSOCIATION? UH, VOLUNTARY. VOLUNTARY. SO THIS WAS ONE OF THE FIRST, IT'S LOT NUMBER SIX IN HUNTER CIRCLE. IT WAS ONE OF THE FIRST BUILT IN 1977. UM, AND YOU KIND OF NOTICE THAT WHEN IT WAS BUILT, THEY PROBABLY HAD FOREST LAND BEHIND IT. 'CAUSE IT WAS A, ORIGINALLY A FIVE FOOT, [04:25:01] UH, CHAIN LINK. WELL, DID, DID YOU GET ANY SORT OF SUPPORT FROM ANY OF THE NEIGHBORS? YES, I HAD NEIGHBORS ON BOTH SIDES. SAY, WHAT IS IT, ARE YOU BUILDING THAT, THAT'S BEAUTIFUL. . AND THE CODE ENFORCEMENT OFFICER SAID, I MEAN, IT'S REALLY PRETTY. OKAY. SO, UM, I THINK WE'VE, UNLESS THERE'S SOMETHING ELSE, I THINK WE'RE READY FOR A MOTION AND DELIBERATION. UH, IF ANYONE WOULD LIKE TO, UH, VENTURE OUT AND MAKE ONE UNA COMMISSIONER ZUNA. OKAY. REGARDING CASE NUMBER BO A DASH 23 DASH 0 3 0 0 2 0 5, I MOVE AT THE BOARD OF ADJUSTMENT GRANT AND REQUEST FOR A TWO FOOT VARIANCE FROM THE MAXIMUM EIGHT FOOT FENCE HEIGHT, UM, LIMITED TO THE SITE PLAN THAT WAS PRESENTED AS PART OF THE APPLICANT'S, UM, UH, PRESENTATION TODAY, UH, TO BE DELINEATED BY THE RED AREA THAT'S SHOWN ON THE SITE MAP AS DESCRIBED IN SECTION 35 DASH 504 TO ALLOW A 10 FOOT PRIVACY FENCE IN THE REAR PROPERTY LINE, SITUATED AT 34 4300 CIRCLE APPLICANT BEING, UH, COLIN HARDY, BECAUSE THIS TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH THAT A LITERAL ENFORCEMENT OF PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE APPLICANT IS REQUESTING A 10 FOOT PRIVACY FENCE IN THE REAR PROPERTY LINE. THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. AS A 10 FOOT PRIVACY, PRIVACY FEE, PRIVACY FENCE WOULD CREATE SECURITY AND PRIVACY FOR THE ADJACENT, UH, SUBJECT AND ADJACENT PROPERTIES TO DUE TO SPECIAL CONDITIONS. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD MEAN THAT THE FENCE MAY ONLY BE INSTALLED AT THE MAXIMUM EIGHT FOOT IN HEIGHT. THIS PROPERTY REQUIRES ADDITIONAL SECURITY AND PRI PRIVACY DUE TO THE ELEVATION CHANGES ON THE ADJACENT PROPERTY LEADING TO AN UNNECESSARY HARDSHIP. SHOULD THE VARIANCE BE DENIED. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS 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. AND THIS CASE, THE SPIRIT OF THE ORDINANCE WOULD BE OBSERVED AS THE 10 FOOT PRIVACY FENCE WILL ONLY BE LOCATED ALONG THE REAR PROPERTY LINE AND DELINEATED BY THE, UH, THE, THE SITE PLAN THE APPLICANT PROVIDED, UM, UH, AND IS BEING REQUESTED TO PROVIDE SECURITY FOR THE PROPERTY FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF THE USE OF THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED. NO USES OF THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SIX VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE PROPOSED 10 FOOT PRIVACY FENCE IS IN THE REAR PROPERTY LINE, WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY AS A 10 FOOT FENCE WILL BE, UH, PROVIDING SECURITY FOR THE PROPERTY AND RESIDENCE. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY THEN ARE NOT MERELY FINANCIAL AND NOT DUE TO OTHER THE RESULTS OF GENERAL CONDITIONS. THAT DISTRICT, WHICH THE PROPERTY IS LOCATED, UH, STAFF FINDS IS APPLIED TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SAW IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE 10 FOOT PRIVACY WILL PROVIDE SECURITY FOR THE PROPERTY. END OF MOTION. SECOND. SECOND BY COMMISSIONER MADA. COMMISSIONER ZUNA? YES, SIR. I'M GOING TO SUPPORT THE MOTION AS READ. UM, I'M DEFINING THE AREA, THE LIMITS OF THE, OF THE 10 FOOT SECTION. UM, YOU KNOW, CLEARLY HAD THE RIGHT PUT UP THE EIGHT FOOT FENCE THAT DIDN'T PROVIDE SECURITY IN THE SCREENING NECESSARY. UH, I THINK THIS IS A, YOU KNOW, A, A SOLUTION TO A PROBLEM THAT THE APPLICANT IS FACING, BOTH THE HEIGHT ELEVATION AND THE, UM, THE SLIDE THAT THE NEIGHBORING PROPERTY PUT ONTO THE PROPERTY. I WOULD ASK, GIVEN THAT WE ONLY HAVE NINE MEMBERS HERE TODAY, THAT, THAT THERE WAS ANY OPPOSITION TO THE VARIANCE, AT LEAST MAKE THE BOARD MEMBERS KNOW SO WE COULD LOOK FOR SOME OTHER REMEDIES HERE AT THAT POINT. THANK YOU COMMISSIONER MANER. SO, UH, YOU KNOW, I DO HAVE ONE QUESTION WITH REGARDS TO THE WAY THAT THE MOTION IS READ AND IT BEING THAT, UM, GRANTING THE REQUEST, UM, ON THE BACK FENCE VERSUS, UM, YOU KNOW, 12 INCHES IN MORE OR LESS ALIGNING IT TO A TRELLIS PER SE. AND SO, SO IF IT'S 12 INCH, 12 INCHES IN FROM THE BACK FENCE PROPERTY LINE, THAT THAT WOULD MAINTAIN THAT IT WOULDN'T BE ADDED TO THE EXISTING FENCE AT A FUTURE DATE. SO BASICALLY MAKING IT MORE LIKE THE TRELLIS DIALOGUE THAT WE'VE BEEN HAVING. SO HOW ABOUT A, UH, FRIENDLY AMENDMENT TO, SO THAT IT'S FOR A FREE, UH, A FREE SUPPORTING TRELLIS STRUCTURE THAT EXISTS 12 INCHES FROM THE 12 INCHES FROM THE PROPERTY LINE. SO HE FROM THE PROPERTY LINE? YEAH. YEAH. SO, UH, UH, SO THE FRIENDLY AMENDMENT, ACCEPTED FREESTANDING TRELLIS STRUCTURE THAT IS NOT ATTACHED TO THE FENCE. UH, NO, UH, GREATER OR NO LESS THAN 12 INCHES FROM THE PROPERTY LINE AS DELINEATED ON THE EXHIBIT THAT THE APPLICANT PROVIDED. THAT'S PART OF HIS, UH, PART OF HIS APPLICATION. IT'S NOT, IT'S NOT ATTACHED TO THE FENCE. RIGHT. OKAY. MIN [04:30:01] CHAKA, COMMISSIONER MIN CHAKA, I'M GLAD YOU ASKED FOR THAT AND BROUGHT THAT UP. 'CAUSE I WOULD NOT AGREE THE WAY IT IS RIGHT NOW AWAY FROM THE PROPERTY LINE, BUT, BUT 12 INCHES, I WOULD RATHER GO 18 INCHES MORE FURTHER AWAY. SO I WAS LOOKING AT THE, SO IT'S IN, UM, I GUESS THE QUESTION I WOULD ASK IS, CURRENTLY IT LOOKS LIKE IN WHISKEY BARRELS, CAN WHISKEY BARRELS BEEN MOVED? ANY, UH, TECHNICALLY THEY'RE SUPPOSED TO BE MOBILE. UM, SO I WOULD SAY THAT BECAUSE BEHIND THOSE PICKETS THAT YOU SEE THERE, THERE'S A POST RIGHT THERE IN OUR PROPERTY LINE IS ACTUALLY WHERE THE OTHER SIDE OF THE PICKETS WOULD BE. THERE'S ABOUT A FIVE AND A HALF INCH GAP THERE. THAT WHISKEY BARREL IS APPROXIMATELY 20 INCHES, I BELIEVE. SO ON CENTER WOULD BE 10 INCHES OR 22? YEAH, 10 TO 11 INCHES ON CENTER. SO THAT WOULD BE SOMEWHERE INCHES RIGHT THERE. YEP. THANK YOU SIR. THANK YOU. AND I, YOU KNOW, ANY OTHER COMMISSIONERS HAVE A WANNA ADD TO THE CONVERSATION? NOPE. ALRIGHT, LET'S HAVE A ROLL CALL. VOTE. MR. OZUNA? YES, I CONCUR. MR. MANO. I CONCUR. MR. SPIELMAN I CONCUR. MR. MANCHACA I CONCUR. MR. ZIKA. I CONCUR. MS. BENAVIDEZ I CONCUR. MR. VASQUEZ. I CONCUR. MR. EZ I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES AS AMENDED. CONGRATULATIONS. YOU HAVE ANY QUESTIONS? UH, TALK TO STAFF. ALL RIGHT, NEXT ONE IS ITEM 13. GOOD AFTERNOON BOARD MEMBERS. MY NAME IS EMILY GARCIA, PLANNER WITH THE SHORT-TERM RENTAL TEAM. FOR THIS ITEM NUMBER BO O A DASH 23 DASH 0 3 0 1 9 0 EDGAR RES IS APPEALING THE ADMINISTRATOR'S DECISION TO REVOKE A SHORT-TERM RENTAL PERMIT LOCATED AT ONE 15 DRAKE AVENUE PROPERTY IS ZONED R FIVE RESIDENTIAL SINGLE FAMILY, AND IT'S IN COUNCIL DISTRICT FIVE. THE SUBJECT PROPERTY INITIALLY APPLIED FOR, FOR A SHORT-TERM RENTAL PERMIT ON MARCH 29TH, 2022. AFTER REVIEW OF THE APPLICATION, THE PERMIT TO OPERATE A SHORT-TERM RENTAL WAS APPROVED BY STAFF AND ISSUED ON APRIL 14TH, 2022. S T R OPERATORS ARE REQUIRED TO REPORT REVENUES TO THE CITY'S FINANCE DEPARTMENT ON A MONTHLY BASIS. THIS INCLUDES REPORTING $0 REVENUES. SECTION 16 DASH ONE D CLEARLY STIPULATES THAT FAILURE TO DO SO CONSTITUTES A VIOLATION OF THE CHAPTER. THE CITY'S FINANCE DEPARTMENT WHO MANAGED REPORTING AND COLLECTION SERVICES FOR THE CITY OF SAN ANTONIO NOTIFIED THE OWNER OF THE S T R OF DELINQUENT PAYMENTS OR REPORTS ON THEIR HOTEL OCCUPANCY TAX ACCOUNT VIA EMAIL ON MARCH 15TH, 2023. SECTION 16 DASH ONE D STATES THAT FAILURE TO TIMELY REPORT AND PAY HOTEL OCCUPANCY TAX WITHIN 90 DAYS SHALL RETURN, SHALL RESULT IN PERMANENT REVOCATION. ON APRIL 25TH, 2023, MR. RES MADE A PAYMENT PLAN WITH THE FINANCE DEPARTMENT. HOWEVER, MR. RES DEFAULTED ON THE PAYMENT PLAN. THEREFORE, THE PERMIT WAS REVOKED AFTER 90 DAYS ON JUNE, ON JUNE 5TH, 2023. IN ACCORDANCE WITH SECTION 16 DASH 1 1 1 OF THE CITY'S CODE OF ORDINANCES, THE CITY OF SAN ANTONIO CONTRACTS WITH A THIRD PARTY VENDOR THAT GATHERS ONLINE BOOKING AND RATE DATA AND REPORTS TO THE INFORMATION TO THE CITY. BASED UPON THIS INFORMATION, THE CITY'S FINANCE DEPARTMENT STATES NO REVENUE HAD BEEN REPORTED WITHIN 12 MONTHS AND ESTIMATES THAT $4,803 WAS OWED IN HOTEL OCCUPANCY TAX. AND ON JUNE 7TH, 2023, THE PAYMENT PLAN WAS PAID OFF AFTER REVOCATION. HERE IS THE NOTIFICATION THAT WENT OUT TO THE APPLICANT. HERE IS THE SITE PLAN OF THE PROPERTY, THIS IS THE SUBJECT PROPERTY, AND THE NEXT FEW SLIDES ARE THE SURROUNDING AREAS. [04:35:06] STAFF RECOMMENDS DENIAL OF THE APPLICANT'S REQUEST FOR AN APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE THE SHORT-TERM RENTAL PERMIT. BASED ON THE FOLLOWING FINDINGS OF FACT, THE ORDINANCE REQUIRES THAT STAFF REVOKE THE PERMIT FOR THE VIOLATION DESCRIBED IN THE PRESENTATION. AND THE OWNER SLASH OPERATED THE SHORT-TERM RENTAL PERMIT VIOLATED THE S T R OR NINE ORDINANCE BY FAILING TO TIMELY REPORT REVENUES AND PAY THE ASSOCIATED HOTEL OCCUPANCY TAX PAYMENTS. AND THE OWNER OPERATED FAILED TO COMPLY WITH THE ORDINANCE EVEN AFTER ATTEMPTS ARE MADE TO INFORM THE APPLICANT ON MARCH 15TH, 2023 BY CITY STAFF. FURTHER, THE NOTIFICATION PLAN, 32 NOTICES WERE MAILED OUT. WE RECEIVED ZERO BACK IN FAVOR, ZERO BACK IN OPPOSITION, AND NO RESPONSE FROM THE DOWNTOWN NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF PRESENTATION. THE APPLICANT IS PRESENT AS WELL AS THE FINANCE DEPARTMENT. ANSWER ANY QUESTIONS. SO WITH, WITH, UH, WITH THESE CASES, WHEN WAS THE LAST TIME THEY FILED IN THE, THE, UH, HOT TAX REPORT, SABRINA? THE LAST TIME THEY FILED WAS IN MAY. THEY DID NOT REPORT FOR JUNE, EVEN THOUGH THERE WERE SIX DOCUMENTED STATES OF 2023. OF 2023? CORRECT. SO THE 90 DAYS IT WAS MAY 15TH, YOU MARCH 15TH, YOU NOTIFIED HIM, UM, THAT THERE WAS AN ISSUE, AND THEN AFTER 90 DAYS YOU REVOKED THE PERMIT. CORRECT. SO WHEN, SO WHAT POINT PRIOR TO MARCH 15TH DID, DID, DID, DID IT START BECOMING TO BE A, A PROBLEM? YOU KNOW, LIKE WHEN DID THE 90 DAY CLOCK START? THE 90 DAY CLOCK STARTED ON MARCH 15TH, BUT YOU REV YOU REVOKED IT ON JUNE 10TH. THAT'S LESS THAN 90 DAYS. I MEAN, WASN'T THERE, WAS HE, WASN'T HE MISSING THE MONTH BEFORE MARCH? SO HE HAD NO, HE OBTAINED THE PERMIT IN MARCH OF 2022 MM-HMM. , AND HE DID NOT REPORT UNTIL MAY OF 2023 WHEN WE OBTAINED THE DOWN PAYMENT. OKAY. SO HE HE MISSED A WHOLE YEAR ALMOST. YES. CORRECT. OKAY. SO I'M, I'M GETTING THE YEARS MESSED UP THERE, . OKAY. ALL RIGHT. SO, UM, AND ANY QUESTIONS, UH, REGARDING THE TIMINGS OR ANYTHING WITH THIS CASE FROM THE COMMISSION IN REGARDS PAYMENT PLAN? IS THAT SOMETHING WE HAVEN'T HEARD ABOUT PAYMENT PLANS BEFORE, BEFORE THE BOARD? SO THAT'S SOMETHING YOU ROUTINELY DO WHEN THEY'RE BEHIND IN HOTEL TAXES OR? CORRECT. SO FINANCE DOES OFFER A PAYMENT PLAN FOR ANY CUSTOMER THAT DOES OWE, UH, MORE THAN A THOUSAND DOLLARS. WE DO ALLOW THEM 90 DAYS TO PAY IT WITH A 30% DOWN. THEY DO SIGN AN ATTORNEY APPROVED DOCUMENT WITH THE TERMS OF THE PAYMENT PLAN. BUT THE PAYMENT PLAN AND THE FILING OF THE, OF THE, OF THE HOT TAX REPORT ARE TWO SEPARATE THINGS, CORRECT? CORRECT. SO IN ORDER FOR THE PAYMENT PLAN TO STAY IN GOOD STANDING, THEY MUST REPORT ON A MONTHLY BASIS IN ADDITION TO MAKING, I MEAN, THEY GOTTA BE CURRENT, RIGHT? CORRECT. CORRECT. IN ADDITION TO THE DOWN PAYMENT PLAN, IN ADDITION TO THE PAYMENT PLAN? CORRECT. OKAY. ALL RIGHT. AND VIOLATING THE REPORTING AND OR THE PAYMENT PLAN CAN CONSTITUTE THE REVOCATION? CORRECT. THE PAYMENT PLAN LETTER DOES STATE THAT, UH, IGNORE IF THEY DEFAULT IN EITHER ONE, THE PAYMENT, THE PERMIT WILL BE REVOKED. OKAY. ANY OTHER QUESTIONS? UH, UH, UH, CATCH THAT LAST ONE. HOW MUCH DO THEY PAY AFTER THE A THOUSAND DOLLARS OR HAVE TO PAY DOWN A CERTAIN PERCENT. SO IT'S 30% OF THE TOTAL OWED. GOT IT. THANK YOU. MM-HMM. GREAT. YES. COMMISSIONER. SO DID I UNDERSTAND YOU THAT, UH, HE, THAT HE WAS, HE PAID CURRENT OR HE GOT ON THE PAYMENT PLAN? HE DID PAY ON THE PAY ON THE PAYMENT PLAN, HE DID PAY THE 30%. ONCE THE PERMIT WAS REVOKED, HE PAID THE ENTIRE PAYMENT PLAN OFF. OKAY. ALL RIGHT. THANK YOU. WELL, I GUESS WE'RE READY TO HEAR FROM THE APPLICANT. ALL RIGHT. TELL US YOUR NAME AND TELL US ABOUT YOUR, UH, APPEAL. YEP. MY NAME'S EDGAR ARAGON TORRES. UH, I'M THE OWNER OF THE, THE HOUSE ON ONE 15 DRAKE AVENUE. UM, I RECEIVED NO NOTIFICATION FROM THE CITY OF SAN ANTONIO FOR THE WHOLE TIME THAT I HAD THE, UH, THE AIRBNB, THE S T R UNTIL MARCH 15TH. UH, JUST LIKE THE, THE PREVIOUS LADY WITH THE S T R PERMIT REVOCATION. SO, UM, WHEN I GOT THAT, THEN I STARTED, I GOT TO, INTO CONVERSATING WITH WHOEVER I NEEDED TO CONVERSATE WITH PHONE CALLS, EMAIL, AND I HAVE EMAILS TOO TO PROVE MY, UH, MY TIMEFRAME. SO, UM, 5,000. IT WAS ABOUT 5,000 WITH THE TAXES PLUS THE LATE FEES, PLUS THE INTEREST, UH, ON ALL THAT WAS, UH, ABOUT $5,000. SO, UH, FOR ME TO COME UP WITH THAT MONEY RIGHT ON THE SPOT WAS, UH, NOT FEASIBLE AT THAT TIME. I WAS WAITING FOR SOME CHECKS TO COME IN AND I ASKED [04:40:01] FOR A PAYMENT PLAN TO SHOW THAT I'M IN, I'M SHOWING THAT I'M PAYING, GONNA PAY THIS OFF. UM, MY INTENT WAS TO PAY IT OFF WITHIN THE 90 DAYS. AND IF YOU LOOK AT FROM MARCH 15TH TO WHEN I PAID IT OFF, IT'S WITHIN THE 90 DAYS. SO I DIDN'T GO OVER 90 DAYS. IT WAS 84, DEPENDING ON WHEN YOU START THE DATE, IT'S EITHER 84 OR 85 DAYS. SO THAT'S WHEN, UM, WHEN I HAD, WHEN I HAD GOTTEN THE REVOCATION EMAIL, UH, SAYING THAT I DIDN'T PAY, YOU KNOW, I WAS DELINQUENT. UM, I WAS, I DIDN'T KNOW, UH, I THOUGHT IT WAS AN ERROR BECAUSE I MADE MY INITIAL PAYMENT AND I LET THE, I GUESS MY CA MY, UH, I'D SAY THE CONTACT, THE FINANCE CONTACT, UH, LET THEM KNOW THAT I WAS GOING TO IN FACT PAY THE REST OF IT. I WAS JUST WAITING FOR A CHECK AND IT WOULD BE OUTTA MY HAIR. AND SHE, SHE TOLD ME HOW TO, UM, DO THE MONTHLY, UM, RENTAL, UH, H O T TAX ON THE CITY'S PORTAL. SO I DID THAT. ONCE I KNEW ABOUT IT, I DID THAT. I COMPLIED. UH, AND THEN THE, THE CITY DECIDED TO HIRE A THIRD PARTY VENDOR OR A COMPANY TO TAKE CARE OF THE TAX, UH, REPORTING, WHICH, UM, I WASN'T ABLE TO GET, UH, I WASN'T ABLE TO PARTAKE IN BECAUSE AT, UH, THE CITY REVOKED MY, UM, LICENSE OR MY PERMIT BEFORE I CAN SWITCH OVER. I CALLED AVENUE, WHICH IS THE COMPANY, AND THEY SAID THEY HAVE MY INFORMATION, BUT THEY CAN'T HELP ME WITH ANY, ANY REPORTINGS BECAUSE, UM, I, I DON'T HAVE A PERMIT. SO I NEED TO TALK TO WHO, TO THE FINANCE PART AND YOUR BOARD, YOUR, TO GET ALL THIS SITUATED. OKAY. SO WELL WAIT HERE FOR A SECOND. SO WHEN DID HE GET THE S D R PERMIT? INITIALLY? WHAT, WHAT MONTH AND YEAR? APRIL 14TH, 2022. THOSE, WHEN THE PERMIT WAS APPROVED. OKAY. SO APRIL 14TH, 2022. SO SINCE APRIL 14TH, 2022, YOU'RE SUPPOSED TO DO MONTHLY FILINGS. HOW MANY HAVE YOU DONE IN, IN THAT WI WINDOW? IT WAS JUST TILL MAY THIS YEAR, BECAUSE I HAD NO IDEA THAT WAS, UH, THE CASE. SAN ANTONIO NEVER REACHED OUT TO ME. THERE'S NO DELINQUENCY NOTIFICATION UNTIL MARCH OF THIS YEAR. SO, SO THAT WAS THE ONLY TIME I FOUND OUT. WELL, AND I WAS CORRECT. AND WHEN YOU APPLY FOR AN S D R PERMIT BACK, BACK THEN, IT WAS ALL DONE ONLINE OR IN PERSON? ONLINE COULD, YEAH. ONLINE AND, AND IS AND, AND WHEN DO YOU DO IT ONLINE? DO THEY GIVE YOU A, A RESPONSIBILITY LIST OR ANYTHING LIKE THAT? WE DO. IT'S THE, OUT OF THE LIST OF EIGHT OR NINE LISTED, ONE OF THE REQUIRED ITEMS TO CHECK ON THE APPLICATION IS THAT THE SHORT TERM RENTAL WILL COMPLY WITH ALL REQUIREMENTS OF CHAPTER 16 OF THE CITY CODE OF SAN ANTONIO. OKAY. AND IN CHAPTER 16, IS THE REQUIREMENT WHEN YOU OBTAIN A HOTEL OCCUPANCY TAX NUMBER, THAT YOU REPORT THOSE ON A MONTHLY BASIS? SO WHAT HAPPENS IS, YOU KNOW, AS I MENTIONED BEFORE, THIS IS NOT DISCRETIONARY. IF YOU DON'T FILE THOSE THINGS EVERY MONTH, THE CITY HAS A, HAS A REQUIREMENT TO TAKE AWAY IT AWAY, AND THEY PROBABLY SHOULD HAVE TAKEN IT AWAY A YEAR AGO. AND SO THAT'S, THAT'S, I'M JUST PUTTING THAT OUT THERE. UM, IS THERE ANY QUESTION FROM THE COMMISSION QUESTION? CITY COMMISSIONER? SO THE, SO WHEN IT IS THAT THE APPLICANT TO COMPLETE THE APPLICATION, THE APPLICANT HAS TO HAVE FILED AND OBTAINED A HOT ID, CORRECT? CORRECT. SO AT, AT THE TIME THAT THIS APPLICATION WOULD'VE BEEN SUBMITTED, YOU ACTUALLY WERE REQUIRED TO SUBMIT FOR AND OBTAIN A HOTEL OCCUPANCY TAX NUMBER PRIOR TO SUBMITTING THE APPLICATION FOR THE SHORT-TERM RENTAL PERMIT ITSELF? UH, WE ENDED UP KIND OF CHANGING, UH, OUR SYSTEM. SO IT'S A MORE STREAMLINED PROCESS, BUT AT THE TIME, YOU HAD TO SECURE A HOT NUMBER PRIOR TO APPLYING FOR AN S T R PERMIT. , I HAVE A QUESTION FOR CITY. YES, GO AHEAD. UH, SO THEN HE STARTED ON A PAYMENT PLAN, HE MADE THE 30% DOWN, HE WAS GOOD THERE. AND THEN WHAT CAUSED HIM TO THEN GET IT REVOKED? DID HE, 'CAUSE HE PAID IT IN FULL, WAS HE NOT REPORTING THEN? SO WHEN YOU START ON A PAYMENT PLAN, 30% IS REQUIRED, THEN YOU HAVE SCHEDULED PAYMENTS THAT YOU MUST ABIDE BY. HE DID NOT ABIDE BY THE FIRST PAYMENT DUE. THAT AND THEN THAT, THAT'S ULTIMATELY WHAT CAUSED, CORRECT. SO THAT TRIGGERED THE REVOCATION MM-HMM. , BECAUSE THE FIRST PAYMENT WAS IRRESPECTIVE OF THE TIMING OF ANY OF THE 90 DAY NOTIFICATION OR WHATEVER, THE MERE FACT THAT HE MISSED THAT FIRST PAYMENT WOULD'VE BEEN GROUNDS FOR REVOCATION OF THE CORRECT, BECAUSE THEY DO SIGN AN AGREEMENT. GOTCHA. OKAY. AND, AND WHEN YOU DO A PAYMENT PLAN, DO YOU HAVE TO BE CURRENT ON YOUR HOT TAX REPORTS? CORRECT. THAT IS REQUIRED EVEN BEFORE THE YOU, THAT FIRST PAYMENT IS DUE. OKAY. SO IT, OKAY. SO DO YOU HAVE ANYTHING TO, UM, UH, ADD TO THAT? YEAH, SO, UM, IN THAT STATEMENT, LET ME, UH, OR THE, THE [04:45:01] PAYMENT PLAN, IT DOESN'T SAY THAT I HAVE, I HAVE A TIME LIMIT AS IT SAYS 90 DAYS, BUT IT DIDN'T SAY, UH, IF I GO WITH A PAYMENT PLAN, THEN I, I FORFEIT THE 90 DAY TIMELINE. SO, UM, IT JUST SAYS PAY, UH, WELL, IT WAS UP THERE, IT PAY, PAY YOUR TAXES WITHIN THE NINE DAYS. AND THAT'S WHAT I DID. THEIR STATEMENT RIGHT THERE SAYS THAT I, I, IT WAS REVOKED AFTER THE 90 DAYS, WHICH IS NOT TRUE BECAUSE I PAID IT BEFORE THE 90 DAYS. OKAY. COMMISSIONER MENEZ HAS A QUESTION. I JUST HAD A QUESTION. DID YOU, WHEN YOU APPLIED FOR THE PERMIT, DID YOU RECEIVE A HOT TAX ID? I MEAN, DID YOU APPLY FOR THAT? DOES HE YES. SO WHEN, UH, I, I HAVE, I HAVE A HOT TAX. I WENT THROUGH THE CITY OF SAN ANTONIO. I GOT, UH, I GOT THE HOT TAX, UM, ID, WHICH, UM, WHICH I DIDN'T KNOW WHAT IT JUST, IT SAYS H O T, WHICH I, I DIDN'T KNOW WHAT IT, WHAT IT MEANT. UM, AND ON WHICH I WAS LOOKING AT MY EMAILS FROM LAST YEAR, THERE'S NO STATEMENT OF SAYING, HEY, YOU HAVE TO COMPLY WITH MONTHLY, UM, MONTHLY REPORTING. SO WITH THE CITY, UH, I KNOW IT'S, IT'S BAD COMMUNICATION BETWEEN SOMEONE LIKE ME AND THEM AND SAYING, HEY, HERE'S WHAT YOU NEED TO, HERE'S THE REQUIREMENT. UH, THIS IS WHAT YOU NEED TO DO. UM, AS SOON AS I GOT, THIS IS WHEN, THIS IS THE FIRST TIME, THIS IS THE, THE FIRST NOTIFICATION I GOT FROM THE CITY, WHETHER IN MAIL OR EMAIL, TALKING ABOUT ME HAVING TO PAY, UH, ON A MONTHLY BASIS. AND WHEN I GOT THIS, I WAS PRO PROACTIVE AND I STARTED THE CONVERSATION OF WHAT DO I NEED TO DO TO PAY? IT WENT, AND I PAID OFF THESE TAXES WITH ALL THE DEAL WITH, WITH ALL THE, UM, LATE FEES AND INTEREST OWED FOR THE CITY AND THE COUNTY, UH, BECAUSE MY PROPERTY'S WITHIN THE, THE CITY LIMITS. UM, UH, AND I PAID IT OFF SO THAT I COULD PUT THIS AWAY. AND I KNOW IT'S, IT'S MY, UH, ACCOUNTABILITY TO CHECK EVERYTHING. UM, BUT THERE IS NO, THERE WAS NO NOTIFICATION THAT, THAT I HAD TO DO THIS, UH, FOR THE WHOLE YEAR. THIS IS THE FIRST TIME, UH, MARCH 15TH IS THE FIRST TIME THE CITY SAN ANTONIO REACHED OUT WITH ME FOR SOMETHING AS OF OFFICIAL AS THIS. SO I HAVE A FOLLOW UP QUESTION, AND, AND WHEN I, WHEN I HOLD ON, SIR, GO AHEAD. AND WHEN I APPLY FOR IT, UM, UM, THEY, THE REPRESENTATIVE, I MEAN, I HAVE THE, I MEAN, I CAN'T SHARE IT, BUT I HAVE THE EMAIL SAYING THAT, YOU KNOW, CONGRATULATIONS, YOU GET, YOU GOT YOUR S T R PERMIT. UM, UH, YOU'RE, YOU'RE GOOD FOR, UH, RENEWAL IN TWO YEARS. SO IT HAS AN EXPIRATION DATE. JUST MAKE SURE YOU HAVE A PROMPT, YOU KNOW, MAKE SURE YOU HAVE IT, IT, UH, POSTED IN YOUR HOME. MAKE SURE YOU HAVE A FIRE ESCAPE. MAKE SURE YOU HAVE, UH, YOU KNOW, FIRE EXTINGUISHERS 70 FEET FROM EACH OTHER. MAKE SURE YOU KNOW YOU HAVE A PLAN. MAKE SURE YOU POST ALL THAT. SO THAT'S WHAT I DID. IT'S ALL FRAMED UP AND, AND I TRIED MY BEST TO GET THIS, UM, GET THAT TO SATISFY THEIR NEEDS. AND IT WAS A BACK AND FORTH, OH, I, YOU KNOW, IF, IF HE'S, IF YOU SHOW 'EM THE, THE SITE PLAN, THAT'S MY, ME TRYING TO, YOU KNOW, FIGURE OUT HOW TO, YOU KNOW, HERE'S AN EXIT, HERE'S THE LAYOUT, THERE'S MY FIRE EXTINGUISHERS. I PUT MORE FIRE EXTINGUISHERS IN THAN NEEDED. THERE'S NOT A DISTANCE BETWEEN 70 FEET. THEY WANTED THE CARS, HOW MUCH, HOW MANY CARS CAN FIT IN THERE? I TRY TO, TO DO EVERY, EVERYTHING I CAN. UM, TO THE LETTER OF THE LAW, THERE WAS NO, NO ONE TOLD ME ANYTHING ABOUT PAYING, REPORTING TAXES. I THOUGHT AIRB AIRBNB WAS GONNA BE DOING THE TAXES AND, AND CALCULATING EVERYTHING BECAUSE THEY DO EVERYTHING PRETTY MUCH FOR YOU. UM, MINUS. SO, UH, WHEN I LOOKED AT, INTO THAT, THEY SP THEY, THEY PAY THE STATE TAX, NOT COUNTY AND CITY. SO THAT'S WHY I'M HERE. THAT'S, THIS IS WHERE I'M AT, AND THERE'S A, A LOT OF MISCOMMUNICATION BETWEEN, AND I'M NOT THE ONLY ONE I, I, I WENT TO, I WENT TO THE CITY, OH, I SAW THIS GENTLEMAN AT A, A, A MEETUP, AND HE TOLD ME, YEAH, THERE'S LIKE ABOUT 500 AND SOMETHING REVOCATIONS, AND THERE'S A, THERE'S A PROBLEM HERE, BUT, UH, WE'RE FIXING IT WITH THIS THIRD PARTY COMPANY TO COME IN AND, AND BE THE MIDDLEMAN TO SAY, YEAH, HERE'S A NOTE, HERE'S EMAIL NOTIFICATION. I GOT NONE OF THAT. HERE'S, HERE'S, UM, YOU KNOW, WHAT YOU NEED TO DO TO, YOU KNOW, SPELL IT OUT FOR PEOPLE THAT ARE NOT, YOU KNOW, THIS ISN'T MY MAIN, UH, YOU KNOW, MAIN LIVING. THIS IS SOMETHING TO SUPPLEMENT. SO, UM, NOW THAT THIS IS WHERE I'M AT, I PAID IT OFF. UH, I PAID IT OFF WITHIN THE 90 DAYS THAT WAS REQUIRED BY THE CITY. AND, UM, I'M, I'M UP TO, UP TO DATE AS FAR AS I, I'M, I'M CONCERNED. OKAY. WELL, I WAS GONNA ASK RESPECTFULLY, BUT I THINK YOU ASKED, YOU ANSWERED MY QUESTION WAS, YOU KNOW, WHEN YOU APPLIED FOR THE PERMIT AND THE HOT TAX, I MEAN, DID YOU THINK THAT YOU DIDN'T HAVE TO PAY TAXES? YOU KNOW, YOU DIDN'T PAY IT FOR A YEAR. THAT'S A LONG TIME TO, UM, TO, TO, YOU KNOW, NOT HAVE TO PAY. AND I, I UNDERSTAND. I MEAN, IF IT'S THE [04:50:01] LANGUAGE, IF IT'S THE ACRONYM, THE ACRONYM, YOU KNOW, THE, YOU DIDN'T REALIZE IT WAS A TAX. AND I DO BELIEVE THAT THE CITY HAS TO DO A BETTER JOB OF EXPLAINING, UM, YOU KNOW, EXACTLY HOW YOU REPORT YOUR TAXES. UH, BUT SO WHAT, WHAT, WHAT, WHAT, WHEN YOU HAD MENTIONED YOU PAID WITHIN THE 90 DAYS, SO ON APRIL 25TH, THEY PUT YOU ON A PAYMENT PLAN SOONER. YOU HOLD ON, UH, APRIL 25TH, YOU WERE ON A PAYMENT PLAN WITH THE CITY, AND THEN, UH, YOU, YOU MADE THE 30% DOWN, AND THEN DID YOU MAKE THE NEXT PAYMENT AT THAT DUE DATE? BECAUSE WHEN YOU GET ON A PAYMENT PLAN, I'M ASSUMING THAT THEY GAVE YOU A, A DOCUMENT THAT TOLD YOU WHAT YOU HAD TO DO. ABSOLUTELY, YES. THEY GAVE ME A PAYMENT PLAN, UM, AND THEY, THEY, UM, SPELT OUT WHAT DAYS OR WHAT AND, UH, WHEN, HOW MUCH EXACTLY IS DUE. AND AGAIN, I WAS PLANNING ON PAYING THE WHOLE THING OFF, RIGHT OFF THE BAT. AND I LET THE, UH, MY, MY REPRESENTATIVE, UH, FINANCE PERSON REPRESENTATIVE, UM, KNOW THAT THAT WAS THE CASE. UM, AND, UH, SO WHEN, UH, SO I WAS GOING TO, I PAID, SO, UH, THE MONTH OF MAY I HAD RENTS OR GUESTS, AND THEY, UH, AND I MADE SOME MONEY OFF OF IT. SO I PAID, WHEN, WHEN I GOT THE, THE FINAL TOTAL OF HOW MUCH I OWED FOR TAXES AND REPORT IT, I PAID THE SAME, AT THE SAME TIME, THE, THE MONTHLY TAX. AND I WAS GONNA PAY THE SAME FOR THE, FOR THE, UH, PAYMENT PLAN. WELL, THE, THE CITY HAD SAID THAT YOU'D MISSED A PAYMENT. AND, AND SO I THOUGHT THERE WOULD BE A GRACE PERIOD BECAUSE WITH THE MONTHLY REPORTING THERE, THERE WAS NO LATE FEE, NO, NONE OF THAT. AND, AND IT GENERATES A RECEIPT OF EVERYTHING. BUT WITH THE, UM, WITH THE PAYMENT PLAN, UH, I WAS JUST GONNA PAY 'EM AT THE SAME TIME, WHICH WAS, IT WAS NOT ON THE 31ST WHEN IT WAS DUE. IT WAS, I PAID IT ON THE SEVENTH, WHICH IS A WEEK. SO WITH ANY CREDIT CARD OR ANY BANK MORTGAGE OR ANYTHING, A WEEK IS NOT VERY MUCH TIME AND AS THE, AS THE STATUTE SAYS IN A TIMELY MANNER. SO, UM, THAT'S WHY I WANT, I JUST PAID IT OFF. I, I'M UP TO DATE WITH EVERYTHING AND THAT'S OKAY. THAT'S WHERE I'M AT. AND I'M TRYING TO BE RESPONSIBLE WITH ALL THIS, JUST TRYING TO PUT EVERYTHING OUT THERE. UM, I WAS, WHEN I MET WITH THE CITY AT THE AIRBNB MEETUP GROUP, THEY LET ME KNOW, LIKE, CANCEL YOUR RESERVATIONS BECAUSE YOU CAN GET, YOU KNOW, FINED AND ALL THAT. SO I CANCELED MY RESERVATIONS, UM, AND I DIDN'T GET NOTIFICATION OF THE IFICATION UNTIL, LIKE JUNE LATER OR THE FIRST WEEK OF JUNE. OKAY. I I, I'M JUST MORE CONCERNED ABOUT THE DATES AND THE YEAH. AND WHAT HAPPENED. SO THAT'S, THAT'S WHAT HAPPENED. SO YOU HAD THE PERMIT IN 2022. ON APRIL 25TH, YOU BASICALLY HAD A CLEAN, SAY YOU OWED THE CITY SOME MONEY, YOU'RE ON A PAYMENT PLAN. YOU, YOU KNOW, YOU, YOU YES. HAD ALL YOUR HOT TAX FILING UP. WELL, SEE, THAT'S ANOTHER THING. I'M SORRY TO, WELL, HOLD ON. BUT, BUT THE, THE DATE, THE DATES ARE DIFFERENT. OKAY. BUT APRIL 25TH PAYMENT PLAN 30% DOWN. CAN I, HOLD ON. IT'S NOT APRIL 25TH. OKAY. WE DIDN'T START THE PAYMENT PLAN. THIS, THE PAYMENT PLAN SAYS APRIL 20 STAFF. WHEN DID, WHEN DID THIS GENTLEMAN GET ON A PAYMENT PLAN? I'M SORRY. HE SIGNED IT ON THE 25TH OF APRIL. OKAY. SO ON APRIL 25TH, YOU, THERE WAS A SIGNED PAYMENT PLAN, UM, AND THEN AT THAT POINT, 30% WAS PUT DOWN, AND THEN IN MAY A PAYMENT WAS MISSED. AND THEN HE PAID IN JUNE, CORRECT? CORRECT. UH, HE HAD A PAYMENT DUE ON MAY 31ST OF 5 60 37. AND HE DID NOT SUBMIT PAYMENT UNTIL HE PAID IT IN FULL ON, ON JUNE 6TH. WHAT? JUNE 6TH. SO A WEEK LATER. JUNE 7TH. I'M SORRY, JUNE 7TH. OKAY. AND DID HE DO HIS, HIS, DID HE DO HIS MAY HOT TAX FILING AND HIS JUNE HOT TAX FILING? NO. OKAY. SO NOW THAT YOU HAVE AN OPPORTUNITY, IF YOU HAVE ANY PAPERWORK YOU WANT TO REBUT, WHAT, WHAT WE'RE, WHAT, WHAT I'M INTERESTED IN, YOU KNOW, THIS IS, I'M TRYING TO FIGURE OUT ON APRIL 25TH, IF, IF THERE WAS A SIGNED PAYMENT PLAN, ANYTHING THAT HAPPENED BEFORE THAT IS AWASH TO ME, TO ME PERSONALLY, I DON'T KNOW. I CAN'T SPEAK FOR THE REST OF THE COMMISSIONERS, BUT I'M LOOKING AT IT AS, YOU KNOW, YOU AND THE CITY GOT TOGETHER, YOU FIGURED SOMETHING OUT AND MOVING FORWARD THAT WAS WHAT THE PLAN WAS GONNA BE. AND SO IF THEY WERE EXPECTING A PAYMENT AT A CERTAIN DATE AND IT WASN'T MADE, AND THEY HAD THE RIGHT TO REVOKE, I'M TRYING TO, I'M TRYING, I'M LOOKING FOR AN ERROR THAT OCCURRED, A PAPERWORK ERROR, ADMINISTRATIVE ERROR, MAYBE THEY HAD YOUR WRONG ADDRESS OR EMAIL. THAT'S THE KIND OF STUFF I'M LOOKING AT. UM, AND I'M ONLY LOOKING AT APRIL 25TH FORWARD, SO, OKAY. WELL, IF THERE'S ANY SORT OF REBUTTAL, I WOULD LOVE TO HEAR. OKAY. SO, UH, YEAH, LIKE I UNDERSTAND THE DATES IS WHAT WE'RE LOOKING AT NOW. SO I HAVE MY EMAIL HERE FROM, UM, FROM THE FINANCE OFFICE DATED 5 5 9 MM-HMM. , WHEN, WHEN, UH, WE'RE GETTING TOGETHER THE, THE PAPERWORK [04:55:01] FOR THIS CLAIMANT PLAN. AND JUST SO I CAN GIVE YOU CONTEXT, UM, SHE'S HANDLING ALL, ALL THE PAPERWORK STUFF. SORRY, I PAPERWORK. LET HIM, LET HIM RE AND WE CAN SEE IT YET. THERE YOU GO. AND IT'S, IT'S THE FIRST, UH, WE HADN'T STARTED ANY NUMBERS. I DIDN'T KNOW HOW MUCH I OWED, WHAT WAS, HOW MUCH INTEREST WAS OWED, HOW MUCH THE, THE LATE FEES WERE OWED, ANY OF THAT. SO WHEN WE WENT TO SIGN THEIR, THEIR, UM, STATEMENT, THEY MUST HAVE PUT THIS, THESE THINGS TOGETHER ON APRIL 25TH TO GET IT GOING. BUT I DIDN'T GET TO, UH, I DIDN'T GET ANY OF THIS INFORMATION TILL WHEN SHE EMAILED ME THE FIFTH OF THE FIFTH OF, SORRY, MAY 9TH. SO, UM, WHEN, AND SO THAT'S THAT, LIKE, SO, OH, SORRY. SO WHEN I LOST MY THOUGHT, SO WHEN I WENT TO SIGN AND DO ALL THIS, I GO, WHAT, WHAT DO WE, THIS IS, THIS IS DATED APRIL 25TH, BUT TODAY'S NOT THE 25TH, TODAY'S THE NINTH, OR WHENEVER I PUT THAT. AND SO SHE GOES, NO, YOU DATED THE 25TH. THAT'S THE WAY IT ALL JUST KIND OF JIVES. AND I'M LIKE, BUT THAT DOESN'T MAKE SENSE. SHE'S LIKE, WELL, THAT'S, THAT'S THE WAY WE'RE DOING IT. SO, UM, THAT'S WHEN I PRINTED OUT THIS EMAIL TO MAKE SURE YOU GUYS KNOW THAT WHEN WE HAD CORRESPONDENCE, I MEAN, IT, THINGS TAKE TIME. SHE, YOU KNOW, UH, IT'S FROM NINE TO FIVE, WE HAVE WORKING HOURS. IT, SHE WAS TALKING TO HER MANAGEMENT AND SHE WAS LIKE THE MID, THE MIDDLEMAN, UH, WOMAN BETWEEN MANAGEMENT AND WHAT THEY DECIDED AND WHERE WE WENT. SO WHEN I REACHED OUT, I GO, WELL, THIS IS, THIS IS WHAT'S HAPPENING. UM, AND SHE GOES, YEAH, JUST SIGN IT, DATE IT THAT DATE, AND WE'LL, WE'LL JUST MOVE FORWARD. THE QUICKER WE GET THIS DONE, THE QUICKER YOU CAN GET IN YOUR PAYMENT PLAN. AND THE ONLY REASON WHY I WANTED TO DO THE PAYMENT PLAN IS SO THAT I COULD SHOW FACE THAT, HEY, I'M GOING TO PAY THIS OFF. I'M, AND I TOLD HER FROM THE GET-GO, I'M GOING TO PAY EVERYTHING. I JUST NEED THIS CHECK TO COME IN SO I CAN GIVE IT TO YOU GUYS. SO WE CAN JUST GET THIS OVER WITH. AND, SORRY, YES. COMMISSIONER Z AGAIN. YES, I'D LIKE TO, UH, STAFF MR. SPARROW BEFORE WE GO HERE AND A MARATHON ON EACH OF THEM. CAN CAN YOU COME UP TO THE PODIUM, A MARATHON? YOU OKAY. YOU KNOW, WE DON'T WANT TO GO OVER THIS OVER AND OVER AND OVER AGAIN EVERY MEETING. OKAY. I, I SAID YOU SAID ET CETERA. AND THEN JUST REAL QUICK TO HEAR, I'M NOT LIKE MY CHAIRMAN THAT SAYS HE'S, IT'S IN THE WASH. I WANT FROM THE BEGINNING WHEN A PERSON COMES IN AND APPLIES AND APPLIES MM-HMM. FOR THIS PROGRAM, DO THEY SIGN ANYTHING AND ARE THEY, UH, REALLY PUT THROUGH THE PROCESS OF IT? AND THEN WHEN THEY'RE SELECTED, OKAY, THEY COME IN AND AGAIN, THEY HAVE TO SIGN WHEN DO THEY, UH, GET THE HOTEL TEXT YEP. AND THE SIGN AND, AND, AND BEGINNING OF THE, UH, YOU KNOW, I, I DON'T WANT YOU TO GRAB HIM BY THE HAND EVERY MONTH AND WHATEVER. OKAY. AND I DON'T WANT TO SIT HERE ON A MARATHON YEP. WITH THE SAME PROGRAM I DID. I WASN'T TOLD. I WASN'T TOLD. SO REALLY, YOU KNOW, YOU JUST LET 'EM OUT THERE. HERE'S SURE. I I, REAL BRIEFLY, BUT I MEAN, ON THERE, WE'RE NOT TALKING YET ABOUT, I'M NOT TALKING ABOUT THE GENTLEMAN HERE MM-HMM. YET. BUT GO AHEAD IN THE PROCESS, IF THEY SIGN SOMETHING TO YOU OR YOU JUST TELL 'EM, GO, YOU KNOW, SO WE'LL, WE'LL SEND YOU A LETTER TO GIVE. SURE. SO I'M, I'M TRY TO KEEP MY ANSWER HERE TO LIKE, UNDER TWO MINUTES. SO WHEN WE DESIGNED THE SHORT TERM RENTAL ORDINANCE, WE DESIGNED IT SUCH THAT IT WAS LARGELY BASED ON A OWNER'S OR OPERATOR'S SELF-CERTIFICATION, WHICH IS WHY THE PERMIT IS A HUNDRED DOLLARS. IT'S NOT MEANT TO BE AN OVERLY BURDENSOME ADMINISTRATIVE PROCESS. UM, I WILL TELL YOU THAT I TAKE A LITTLE ISSUE WITH, WITH BEING TOLD THAT WE SHOULD BE HAND DELIVERING REMINDERS ON A MONTHLY BASIS TO OPERATORS. UM, REGARDLESS OF THE FACT THAT YOU HAVE TO CERTIFY, YOU HAVE TO CHECK A BOX THAT SAYS, I UNDERSTAND AND WILL COMPLY WITH THE CHAPTER. UH, WE ALSO, BETWEEN DSDS WEBSITE AND FINANCE DEPARTMENT'S WEBSITE, IF YOU WERE TO PULL UP THOSE WEBSITES AND HIT THE PRINT BUTTON, I DON'T THINK YOU COULD FILL FOUR PAGES. IT HAS FIVE REFERENCES BETWEEN THOSE TWO PAGES THAT YOU HAVE TO REPORT ON A MONTHLY BASIS. UM, WE HAVE MADE SOME ENHANCEMENTS, UH, OVER THE LAST COUPLE MONTHS. EVERY PERMIT THAT IS APPROVED NOW INCLUDES AN EMAIL THAT SAYS YOU HAVE TO REPORT ON A MONTHLY BASIS. WE TRY TO IMPROVE THAT COMMUNICATION, BUT I DON'T BELIEVE THAT THE FACT THAT WE DID NOT PERSONALLY EMAIL THIS APPLICANT, UH, SOMEHOW EQUATES TO NOT, UH, BEING AWARE. I WOULD ALSO SAY THAT WE HAVE A SIX PERSON TEAM TO REGULATE [05:00:01] 3,200 ACTIVE SHORT-TERM RENTALS IN SAN ANTONIO. WE DO NOT HAVE THE CAPACITY TO INDIVIDUALLY REACH OUT TO EVERY ONE OF THOSE OPERATORS AND EVERY ONE OF THOSE OWNERS AND REMIND THEM THAT THEY ACTUALLY STILL HAVE TO COMPLY WITH A CHAPTER THAT THEY SELF-CERTIFY, THAT THEY UNDERSTAND AND WOULD COMPLY WITH. UM, THAT'S 3,200 ACTIVE PERMITS. THAT DOESN'T INCLUDE THE THOUSAND PLUS APPLICATIONS WE GET EVERY YEAR. THAT DOESN'T INCLUDE THE THOUSAND ISH CODE ENFORCEMENT CASES THAT WE OPEN ON AN ANNUAL BASIS. IT IS NOT MEANT TO BE A HEAVY HANDED PROGRAM WHERE THE CITY IS CONSTANTLY INTERACTING WITH OPERATORS. WE REQUIRE THAT THEY ACKNOWLEDGE THAT WE POST IT ON OUR WEBSITE. WE HAVE LINKS TO THE ORDINANCE. WE CERTAINLY HAVE STAFF THAT CAN ANSWER QUESTIONS IF THERE'S CONFUSION. BUT TO, TO GET BACK TO YOUR EXACT QUESTION, YES, THERE IS AND HAS ALWAYS BEEN. IT WAS IN PAPER BACK BEFORE WE HAD, UH, THE BUILD ESSAY, UH, PROGRAM UP AND RUNNING. YOU, THERE WAS A, YOU HAD TO INITIAL A BOX THAT SAYS YOU UNDERSTAND, UH, THAT YOU, UH, THAT YOU UNDERSTAND THE ORDINANCE AND YOU'LL COMPLY WITH THE ORDINANCE, WHICH INCLUDES THE, THE REQUIREMENT TO REPORT THOSE REVENUES ON A MONTHLY BASIS. WHICH, UM, I, IF I MAY AS WELL, RI CAN YOU PUT THAT LETTER, UM, UP ON THE SCREEN? THIS IS A LETTER DATED APRIL 25TH FROM THE FINANCE DEPARTMENT THAT SPECIFIED THE DATES THAT THOSE PAYMENTS WERE DUE. I, I DON'T UNDERSTAND THE, IT WASN'T APRIL 25TH. 'CAUSE ON THE BACKSIDE OF THAT DOCUMENT, IF YOU CAN FLIP THAT OVER, IT'S THE APPLICANT'S SIGNATURE ON APRIL 25TH AS WELL. THANK YOU. MAD COMMISSIONER, MAN. I MEAN, WAIT, COMMISSIONER MANCHACA ACTUALLY CHIMED IN FIRST. YES. UH, I HAD A QUESTION. UH, YOU ANSWERED THAT PRETTY WELL AND, UM, ANSWERED A LOT OF MY QUESTIONS. AND I NOTICED IN THIS LETTER HERE, WHAT YOU DO IS YOU HIGHLIGHT, YOU BOLDED SOME TEXTS. AND IN THE REFERENCE OF THE OTHER DOCUMENTATION, DID YOU SEND AN APPLICANT? DO YOU BOLD THE HOT TEXTS TO EVERY MONTH JUST AS AN AIDE? OR IS IT DISAPPEAR IN THE, THE REGULAR TEXT THAT HE MAY JUST SCAN OVER IT? UH, I DON'T KNOW OFF THE TOP OF MY HEAD IF IT'S BOLDED ON OTHER NOTICES. WHAT I WILL SAY IS ALL THE OTHER NOTICES ARE ONE PAGE, NOT TWO. UH, BUT I DON'T KNOW SPECIFICALLY ABOUT THE BOLD TEXT OFF THE TOP, TOP OF MY HEAD. COMMISSIONER MANNA, I'M GONNA HELP ANSWER THIS A LITTLE BIT. UM, SO, SO I, I, I GOT TO PLAY WITH SOME OF THE S T R DIALOGUE, UH, THROUGH ITS LIFE CYCLE HERE. AND SO CAN CITY, UM, BRING UP, UH, THIS, SEND A WEBSITE, DO A SEARCH FOR SHORT-TERM RENTAL, PLEASE. IT SHOULD BRING UP THIS SHORT-TERM RENTAL WEBSITE. AND THEN RIGHT THERE, THERE'S A FACT SHEET ON THE SECOND LINK. SO I WOULD ASSUME THAT ANYBODY WHO'S GOING TO BE DOING, UM, A RENTAL WOULD LOOK AT THE SHORT-TERM RENTAL FACT SHEET THAT COMES UP. I HAVE A QUESTION FOR THE APPLICANT, AND IF YOU ZOOM IN HERE JUST, JUST FOR A SECOND HERE, LET ME, SO IF YOU ZOOM IN RIGHT HERE. SO, SO, UM, SO WHAT ARE THE STRS? AND THEN IF YOU SCROLL DOWN JUST A LITTLE BIT, SO APPLYING FOR IT. AND THEN, UM, SO, UM, YEAH, IT SAYS IT TALKS ABOUT THE MONTHLY HOT TAXES. I THINK IN THE NEXT PAGE YOU GO DOWN, LET'S SEE, REPORTING S T R ENFORCEMENT. OH, IT, IT WAS ABOVE THAT. BUT ANYWAYS, IT BASICALLY CALLED OUT, YOU HAVE TO REPORT YOUR HOT TAX EVERY MONTH HERE. UM, RIGHT. SO I JUST THOUGHT A SECOND AGO, I'M SORRY. THERE YOU GO. SO, SO IT TALKS ABOUT IT RIGHT THERE, APPLYING FOR THE PERMIT. AND IN THAT APPLICATION IT DOES SAY THAT YOU HAVE TO, UM, UM, YOU KNOW, PAY IT ON A MONTHLY BASIS REPORT. SO I HAVE THE EMAIL FROM WHEN I GOT MY PERMIT EMAIL TO ME FROM, UH, FROM THE CITY OR FROM THE PERMITTING DEPARTMENT. AND ALL IT SAYS IS, YOUR, YOUR REQUEST HAS BEEN APPROVED. THANK YOU FOR YOUR BUSINESS. SINCERELY, THE DEPARTMENT OF DEPARTMENT OF DEVELOPMENT SERVICES DEPARTMENT. SO ANDY HAS THE CERTIFICATE FROM THE PERMIT, A P D F OF THE CERTIFICATE AND THE RECORD APPLICATION AND RECORD TEMPLATE, WHICH HAS, UH, EVERYTHING ELSE. SO IT WOULD'VE BEEN HELPFUL IF THAT WAS ATTACHED AS WELL, JUST AS PART OF THE COMMUNICATION BETWEEN WHEN I GET THE PERMIT AND SAYING, HEY, UH, THE, YOU'RE, YOU'RE FREE TO DO BUSINESS. YOU'RE, YOU HAVE ALL THESE, UH, UH, REQUIREMENTS THAT YOU NEEDED TO GO BY. THERE'S NOTHING MENTIONED IN THE EMAIL WHEN I GOT MY PERMIT, BECAUSE I DIDN'T DO, I WAS TOLD NOT TO DO ANY, ANY BUSINESS UNTIL I GOT MY PERMIT. AND THAT'S WHAT I DID. SO IF I COULD INTERJECT, UM, SURE. WHEN A CUSTOMER APPLIED FOR A PERMIT BACK WHEN MR. RAGONE [05:05:01] OBTAINED HIS PERMIT, HE HAD TO GO EITHER TO THE DEVELOPMENT SERVICES WEBPAGE OR THE FINANCE WEBPAGE ON THAT WEBPAGE BEFORE YOU CLICKED ON APPLY FOR A SHORT-TERM RENTAL PERMIT. IT DID STATE THAT REPORTING IS REQUIRED REGARDLESS IF THERE ARE ANY, UH, RECEIPTS. OKAY. THANK YOU. I HAVE A QUESTION FOR THE APPLICANT. YES. COMMISSIONER BERNESE, YOU HAD STATED THAT, UM, YOU WERE UNDER THE ASSUMPTION THAT I GUESS, THAT AIRBNB WAS PAYING THE TAXES FOR YOU. I WAS, YES. OKAY. BECAUSE I HADN'T HEARD ANY, ANY, UH, ANY COMMUNICATION BETWEEN THE CITY AND MYSELF, UH, FOR THE WHOLE YEAR. SO AT A CERTAIN POINT, YOU, YOU HEAR NOTHING FROM THE CITY, YOU ASSUME THAT THE TAXES ARE BEING TAKEN CARE OF. YOU'RE NOT RECEIVING ANY NOTICES ANYTIME, ANY PHONE CALLS, EMAILS, LETTERS, NOTHING'S COME FROM THE CITY. NOTHING FOR, I DON'T KNOW, A LONG TIME. YEAH, A YEAR. SO MAYBE THAT'S WHY YOU'RE ASSUMING IT'S OKAY AND THAT AIRBNB IS TAKING IT. 'CAUSE 'CAUSE I WAS A HOST BACK A LONG, MANY, MANY YEARS AGO. AND, AND I, I ONE POINT I WAS CONFUSED AT A CERTAIN POINT. 'CAUSE IT'LL LIST THERE. HEY, WHAT, YOU KNOW, WHAT COUNTY ARE YOU IN? AND YOU GO THROUGH THERE AND YOU, YOU HIT BEAR COUNTY. SO YOU ASSUME IT'S PAYING IT FOR BEAR COUNTY, BUT THAT'S THE STATE TAX IT'S TAKEN CARE OF. SO FOR A WHILE MAY, AND I, AND I DON'T KNOW. SO YOU THOUGHT SINCE YOU HADN'T HEARD THAT YOU WERE DELINQUENT IN ANY WAY, YOU ASSUME THAT AIRBNB WAS TAKEN CARE OF IT, THAT YOU WERE GOOD? CORRECT. RIGHT. OKAY. BUT, AND THEN I, NOW I HAVE A QUESTION FOR THE CITY. UM, AT THE 90 DAY MARK, ONCE HE HADN'T BEEN REPORTING, WHY WASN'T HE IMMEDIATELY GIVEN SOMETHING THAT SAYS, HEY, YOU'RE, YOU'RE REVOKED AT THIS POINT. WHY DID WE WAIT SO LONG BEFORE WE TOLD HIM ANYTHING? 'CAUSE IT WAS, WHAT, NINE MONTHS? SO HE DID UPDATE THE PERMIT AGAIN IN 2022. UM, HE DID NOT GET A NOTICE UNTIL 2023. SO FOR A PERIOD OF TIME, THE CITY DID NOT SEND OUT NOTICES TO ANY HOSTS BECAUSE OF COVID. SO WE, UH, ALLOTTED ALLOTTED LENIENCY, BUT REPORTING WAS STILL DUE. PAYMENTS WERE STILL DUE, BUT WE DID NOT SEND NOTICES OUT TO ANYBODY AGAIN, BECAUSE OF COVID TO OVERWHELM ANY MORE HOSTS? EMAIL NOTICES? NO, NOTHING WAS SENT OUT? NO. NO. 'CAUSE OF OKAY. DUE TO COVID, NO EMAIL NOTICES WERE SENT, CORRECT? CORRECT. UM, AND WAS THIS DURING THAT TIMEFRAME WHEN HE WAS CORRECT? CORRECT. AND THIS ALSO APPLIED FOR HOTELS, NOT JUST FOR SHORT-TERM RENTALS. HAD COVID NOT HAPPENED, WOULD HE HAVE RECEIVE NOTICES? YES. SO PRIOR TO COVID, WE WERE SENDING OUT NOTICES 30, 60, AND 90, AND THAT INCLUDED HOTELS. OKAY. I JUST WANT MY COMMISSIONERS TO TAKE A NOTE OF THAT, THAT HAD COVID NOT BEEN GOING ON, THIS GENTLEMAN WOULD'VE BEEN RECEIVING NOTICES AS HE SHOULD HAVE. UM, YEAH, I JUST WANNA JUST TAKE THAT. THANK YOU FOR THAT. ALL RIGHT. ANY OTHER, UH, COMMISSIONERS? I'D LIKE TO, BUT I WOULD LIKE TO, YOU'LL HAVE A CHANCE TO REBUT. OH, OKAY. I JUST WANNA MAKE SURE THERE'S NO MORE QUESTIONS. SO MANNA COMMISSIONER, MAN. SO QUESTION. YOU KNOW, AND SO MAYBE MY COMMISSIONER DOWN THE LINE, UH, UM, MAYBE CAN WEIGH IN ON IT. UM, SO, SO YOU KNOW, IF, IF YOU ARE GETTING REPORTS FROM AIRBNB OR WHOEVER, YOU KNOW, I ASSUME THAT YOU'RE GETTING A MONTHLY STATEMENT FROM THEM KIND OF SAYING, HERE'S HOW MUCH MONEY WAS BROUGHT IN AND, AND HERE'S ALL THE NUMBERS, UH, WHAT TAXES WERE PAID, YOU KNOW, ALL OF THAT INFORMATION IN SOME KIND OF SUMMARY SPREADSHEET FROM THEM, YOU KNOW, THAT WOULD GIVE YOU THAT IDEA OF HERE'S WHAT MY BUSINESS LOOKS LIKE. AND, AND SO, SO I ASSUME THAT'S COMING, YOU KNOW, ALONG THAT LINE. IS IT? WOULD THAT BE YEAH, ON, SO ON, ON EVERY ONE OF THEM, HE HAS A BREAKDOWN. YOU HAVE A BREAKDOWN OF EVERYTHING ON EACH STAY, WHAT WAS TAKEN FROM THAT STAY, RIGHT? MM-HMM. , YOU HAVE YOUR GUESTS, YOUR WHATEVER THEY PAID, AND THEN YOU HAVE, YOU KNOW, CLEANING FEES YOU HAVE. UM, AND THEN THERE IS A SECTION ON THERE THAT SAYS TAXES. AND, AND I, AND I CAN RELATE, BECAUSE IN THE BEGINNING I WAS CONFUSED BECAUSE IN ORDER TO ACTUALLY PUT, UM, EXTRA TAXES ON THERE, YOU HAVE TO PUT A SPECIAL REQUEST IN WITH AIRBNB AND LIST THE PERCENTAGE THAT YOU WANT TAKEN OUT ADDITIONAL ON TOP OF ANYTHING ELSE. UH, BUT THEY DO REMOVE FROM THEIR AUTOMATIC, AND IT'S BEEN A LONG TIME, SO I CAN'T GO BACK AND SAY ANYMORE WHETHER THAT TAX SAYS STATE TAX OR IT'S JUST A GENERAL TAX. SO IT DOESN'T, IT DOESN'T SPECIFY, IT JUST SAYS TAXES. OKAY. WELL, UM, UH, SO WITH, WITH THE, UH, THE 90 DAYS, I'M GOING BACK TO THAT BECAUSE THAT'S, THAT'S WHERE THE VERIFICATION FROM. SO FROM THE 30, SORRY, FROM UM, MARCH 15, WHEN I GOT THE NOTIFICATION TO WHEN I PAID EVERYTHING UP IN FULL ON JUNE 7TH, THAT WAS WITHIN THE 90 DAYS. AND SO I FEEL THAT I, I MET THAT REQUIREMENT. UM, I WENT ON THE PAYMENT PLAN AS A, YOU KNOW, A GOOD FACE, UH, THAT I'M GONNA PAY EVERYTHING. AND, UM, [05:10:01] IF I DIDN'T GET THE MONEY OR ANYTHING, AT LEAST I HAD A PAYMENT PLAN, BUT I GOT THE MONEY AND THAT'S WHY I PAID IT OFF. OKAY. WELL IF THERE'S, IF IS, IS THERE ANYTHING, ANY OTHER QUESTIONS? ANYTHING ELSE? ANYONE? MANCHACA, COMMISSIONER, MANCHACA? I JUST HAVE, UH, ONE SUGGESTION AS, UM, FORMER, UH, PERSON WHO NOTIFIES PEOPLE ON TIME. IT WAS THINGS WHEN YOU BUILD A WEBPAGE AND YOU DON'T MAKE IT AS INTUITIVE OR AS BOLD AS AWARENESS, YOU REALLY SUBJECT YOURSELF TO ERRORS. AND WHAT I WOULD RECOMMEND ON THE WEBPAGE, WHAT I SAW A LITTLE WHILE AGO, THAT PART WHERE IT SAYS THAT IT'S BOLD, LIKE IN A, WITH A ORANGE BACKGROUND AND WHITE, THOSE TWO SENTENCES THAT YOU'RE REQUIRED TO PAY, PUT THOSE IN BOLD. I THINK IT'LL BE A LITTLE PLUS FOR THE CUSTOMERS JUST, JUST FOR US TO HELP AND SAY, HEY, WHAT ELSE CAN WE DO? ALRIGHT. ANYONE LIKE TO, UH, YES. YEAH. UM, JUST BACK TO, TO JUST COMMUNICATING WITH, WITH THE, UM, WITH THE, UH, HOSTS. UM, I KNOW IT'S EXTREMELY DIFFICULT. YOU GUYS HAVE ALL THOSE UNITS THAT YOU'RE DEALING WITH AND ONLY A STAFF OF SIX, SO THAT'S TOUGH, EXTREMELY TOUGH. I, I, I GET THAT. UM, YOU KNOW, BUT, BUT THE HOSTS ON THE OTHER END, YOU KNOW, I KNOW YOU GUYS DEAL WITH A LOT TOO, WHETHER YOU HAVE ONE OR YOU HAVE 10 UNITS. UM, IT, UM, YOU KNOW, FOR ME IT'S STILL, THOSE NOTICES WERE MISSED FOR SO LONG, UM, THAT, THAT HE ASSUMED THAT NOTHING WAS WRONG FOR, FOR A LONG TIME. UM, BUT THEN YOU DID MAKE, YOU KNOW, YOU GOT ON A PAYMENT PLAN AND YOU, YOU DID PAY IN FULL. I KNOW YOU, YOU LACK, YOU LACKED A WEEK THERE. UM, AND I KNOW THAT, THAT THE SHORT TERM RENTAL DEPARTMENT IS DEFINITELY ON TOP OF A LOT OF THINGS NOW AND SENDING THOSE NOTICES OUT AS THEY SHOULD BE, UM, JUST, UH, COMMUNICATION I THINK WAS, WAS REAL KEY HERE WITH THOSE MISSED MONTHS. UM, THAT'S IT. IS THERE A COMMISSIONER? I'D LIKE TO MAKE A MOTION. ALL RIGHT, COMMISSIONER BENAVIDES, REGARDING CASE NUMBER BO A 23 103 0 0 1 9 0, I MOVE THAT THE BOARD OF ADJUSTMENTS GRANT THE APPEAL FOR THE PROPERTY SITUATED AT 1 1 5 DRAKE AVENUE, APPLICANT BEING EDGAR RE BECAUSE THE INFORMATION PROVIDED BY THE APPLICANT SHOWS THAT CITY STAFF MADE AN ERROR IN REVOKING THE SHORT-TERM RENTAL PERMIT. SECOND. SECOND BY COMMISSIONER AMANDA. ALL RIGHT, UM, WE HAVE A MOTION AND A SECOND. LET'S HAVE A DISCUSSION. COMMISSIONER BENAVIDES, I AM GONNA VOTE, UM, IN FAVOR OF THE APPLICANT. I, ALTHOUGH IT, ALTHOUGH YOU TOOK A LONG TIME TO, UH, FIGURE IT OUT, I MEAN, A YEAR I'M NOT PAYING TAXES. I DO, I DO THINK THAT YOU DO OPERATE IN GOOD FAITH AND I'M HOPING THAT MOVING FORWARD YOU'LL PAY YOUR TAXES ON TIME AT THE 30 DAY LIMIT. COMMISSIONER MANNA, UM, I WILL BE VOTING WITH THE CITY AND FOR TWO REASONS. ONE IS THAT I THINK THAT THE CONTRACT IS PRETTY WELL SPELLED OUT AND AS A BUSINESS OWNER, I THINK IT'S ADAMANT UPON A BUSINESS OWNER TO UNDERSTAND THOSE RULES. AND THE SECOND IS, UM, GOING BACK TO THE DIALOGUE THAT, UM, UM, CHAIRMAN BROUGHT UP WITH REGARDS TO WHAT THE TRANSFER THE TRANS TRANSPIRING OF THE CONTRACT AND THEN NOT MEETING THAT OBLIGATION OF THE CONTRACT. SO, SO I THINK FROM THOSE TWO, I WON'T BE SUPPORTING ANY OTHER COMMISSIONS LIKE TO ADD HEARING NONE. LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER BENAVIDES, I VOTE FOR THE APPLICANT. I COMMISSIONER MANNA? UM, I DO NOT, UM, UH, SUPPORT THE APPEAL. MR. SPIELMAN? NO. MR. MANCHACA, I SUPPORT THE APPLICANT. YES. MR. ZIKA? NO. MR. ZUNA, I SUPPORT THE APPLICANT. I CONCUR. MR. VASQUEZ? NO. MR. EZ, I SUPPORT THE APPLICANT CHAIR ORIAN, UH, I'M GONNA VOTE TO SUPPORT THE APPLICANT ON THIS ONE, BUT THE MOTION FAILS. FIVE TO FOUR. PLEASE GET WITH STAFF THOUGH. TALK TO YOU ABOUT WHAT TO DO NEXT. ALL RIGHT. LAST CASE. ITEM 14. [05:15:03] OKAY. OKAY. MY NAME IS ASHLEY PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER B O A DASH 23 DASH 1 3 0 0 1 9 4. APPLICANT CONRAD GARDNER IS REQUESTING FOR AN APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE THE SHORT-TERM PERMIT LOCATED AT 7 3 6 SIA STREET, ZONED RESIDENTIAL SINGLE FAMILY DISTRICT IN COUNCIL DISTRICT FIVE. THE SUBJECT PROPERTY INITIALLY APPLIED FOR A SHORT-TERM RENTAL PERMIT ON MARCH 29TH, 2022, AND WAS APPROVED BY STAFF ON JUNE 7TH, 2022. OPERATORS ARE REQUIRED TO REPORT REVENUES TO THE CITY'S FINANCE DEPARTMENT ON A MONTHLY BASIS. THIS INCLUDES REPORTING ZERO REVENUES. THE CITY'S FINANCE DEPARTMENT WHO MANAGE REPORTING AND COLLECTION SERVICES FOR THE CITY OF SAN ANTONIO NOTIFIED THE OWNER OF THE S T R OF DELINQUENT PAYMENTS OR REPORTS ON THEIR HOTEL OCCUPANCY TAX ACCOUNT VIA EMAIL ON MARCH 15TH, 2023. SECTION 16 DASH 11 D STATES THAT FAILURE TO TIMELY REPORT AND PAY HOTEL OCCUPANCY TAX WITHIN 90 DAYS SHALL RESULT. NO PAYMENT WAS MADE WITHIN THE 90 DAYS, THEREFORE THE PERMIT WAS REVOKED ON JUNE 16TH, 2023. IN ACCORDANCE WITH SECTION 16 DASH 1 1 1 OF THE CITY'S CODE OF ORDINANCES, THE CITY'S FINANCE DEPARTMENT ESTIMATES THAT $5,830 AND 33 CENTS IS OWED IN HOTEL OCCUPANCY TAX. THIS IS THE, THE DELINQUENCY NOTICE THAT WAS SENT TO THE OWNER ON MARCH 15TH, 2023. THIS IS THE SITE PLAN OF THE PROPERTY SUBMITTED AT THE TIME OF THE APPLICATION. THIS IS THE SUBJECT PROPERTY AND THE NEXT FEW SIDES ARE THE SURROUNDING AREAS. STAFF RECOMMENDS DENIAL IN BO O A DASH 23 DASH 0 3 0 1 9 4 BASED ON THE FOLLOWING FINDINGS OF ACT ONE, THE ORDINANCE REQUIRES THAT STAFF REVOKE THE PERMIT FOR THE VIOLATION DESCRIBED IN THIS PRESENTATION. TWO. THE OWNER OPERATOR OF THE SHORT-TERM RENTAL PERMIT VIOLATED THE S D R ORDINANCE BY FAILING TO TIMELY REPORT REVENUES AND PAY THE ASSOCIATED HOTEL OCCUPANCY TAX AND THREE FAILED TO COMPLY WITH THE ORDINANCE EVEN AFTER ATTEMPTS WERE MADE TO INFORM THE APPLICANT MADE TO INFORM THE APPLICANT ON MARCH 15TH, 2020 3 33 NOTICES WERE MAILED OUT, ZERO IN FAVOR, ZERO IN OPPOSITION, AND THERE WAS NO RESPONSE FROM THE PALM HEIGHTS NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF PRESENTATION AND APPLICANT IS HERE. ALL RIGHT, THANK YOU VERY MUCH. UH, LET'S HEAR FROM THE APPLICANT. OKAY. HELLO? UM, MY NAME IS CASSIE GARDNER. MY HUSBAND AND I, WE BOTH BOUGHT THE PROPERTY AS AN INVESTMENT PROPERTY. UM, KIND OF OUR FIRST TIME THING. WE'RE BOTH FULL-TIME EMPLOYEES. IT'S NOT NORMALLY WHAT WE DO. UM, AND I'M SURE IT SOUNDS LIKE A BROKEN RECORD TO YOU GUYS, BUT WE REALLY DID NOT KNOW ABOUT, UM, REPORTING REVENUES EACH MONTH. THEY FIRST NOTICED THAT WE GOT WAS ON JUNE. UM, AND AS SOON AS WE GOT THE NOTICE, WE COMMUNICATED BACK AND FORTH WITH THE CITY TRYING TO FIND OUT WHAT HAD HAPPENED. UM, THEY LET US KNOW THAT THEY DID SEND OUT THE EMAIL ON MARCH 15TH. WE LOOKED BACK THROUGH OUR EMAILS AND IT ACTUALLY HAD BEEN PUT INTO OUR SPAM FOLDER. SO AS SOON AS WE FOUND OUT IN JUNE, WE WERE VERY PROACTIVE. JUST WANT THE OPPORTUNITY TO MAKE IT RIGHT, YOU KNOW, IT WASN'T ANYTHING THAT WAS TRYING TO BE EVADED OR, UH, YEAH, JUST WANNA MAKE IT RIGHT. IF WE HAD KNOWN ON MARCH 15TH, TRUTHFULLY, WE WOULD'VE GONE RIGHT AWAY TAKEN CARE OF EVERYTHING WE NEEDED TO. IT WASN'T UNTIL WE GOT THAT NOTICE IN JUNE WHERE, YOU KNOW, WE WERE MADE AWARE AND WE WANTED TO GET THE OPPORTUNITY TO MAKE IT RIGHT. OKAY. UM, BUT YOU WEREN'T ON A PAYMENT PLAN OR ANYTHING LIKE THAT? NO, BECAUSE, SO I GUESS THE NOTICE IN MARCH IS WHEN THEY WERE LETTING US KNOW WE WERE DELINQUENT AND THEN JUNE WAS THE ACTUAL REVOKING. UM, SO IT WASN'T UNTIL JUNE UNTIL WE WERE ACTUALLY REVOKED THAT WE HAD BEEN MADE AWARE OF THAT. AND THAT'S THE THING, LIKE WE, HONESTLY, I CAN HAVE THEM FILED BY LIKE TONIGHT, TOMORROW MORNING, EVERYTHING PAID. WE DON'T EVEN NEED TO LIKE BE ON A PAYMENT PLAN. IT'S NOT ANYTHING THAT WE WERE TRYING TO EVADE OR CAN'T AFFORD OR CAN'T PAY FOR. UM, IT REALLY WAS JUST AN HONEST OVERSIGHT. THE CITY'S, UH, THE CITY'S LETTER SHOWS 1401 SOUTH FLORES. DID YOU READ, DID THEY STAFF, DID YOU MAIL OUT A LETTER AS WELL OR WAS IT ONLY EMAIL? IT WAS ONLY EMAILED. OKAY. IS IT, I DON'T KNOW WHY I THOUGHT THAT YOU ALSO MAILED TO THE ADDRESS DIDN. DIDN'T YOU DO THAT ON ONE OF THE OTHER CASES? [05:20:01] CORRECT. WHEN WE DO, UM, SOMETIMES WE DO MAIL AND SOMETIMES WE DO, UM, BOTH. SO IT'S NOT ALWAYS, THE REASON IS, IS BECAUSE A LOT OF CUSTOMERS, THEY SAY THEY DON'T GET OUR LETTERS VIA MAIL. SO WHEN WE DO EMAIL IT, WE HAVE CONFIRMATION FROM OUR SENT BOX THAT WE CAN PRINT TO THE E UH, PRINT, UM, AND PROVE THE EMAIL THAT WE SENT UNLESS IT GOES INTO SOMEBODY'S PEN BOX. . YEAH. SO, UM, ALRIGHT. AND IT WAS SUCH A CRAZY TIME OF LIFE TOO. LIKE WE HAD JUST BOUGHT OUR HOUSE, WE FOUND OUT ABOUT OUR DAUGHTER, JUST THERE WAS JUST A LOT OF LIKE, YOU KNOW, NO EXCUSES, BUT LIFE CIRCUMSTANCES THAT IT JUST GOT MISSED. OKAY. AND SO, UM, WHEN WE GOT NOTIFIED BY THE CITY THAT THEY WERE REVOKING IT, WHAT, WHAT, HOW DID THEY DO THAT? BY MAIL OR EMAIL? THAT WAS EMAIL. YEAH. AND THAT ONE GOT SENT THROUGH AND THAT'S WHY AS SOON AS WE FOUND OUT, WE JUST TRIED TO MAKE IT RIGHT AND WE DID GO BACK AND THEY DID SEND THE LETTER. WE DID GET IT. IT'S JUST, IT WASN'T BROUGHT TO OUR ATTENTION. OKAY. IS THERE ANY COMMISSIONER QUESTIONS? OH, ZUNA, COMMISSIONER ZUNA. SO WHAT'S THE STATUS OF THE TAXES RIGHT NOW? YOU'RE STILL OWED, BUT DEPENDING ON HOW THIS MEETING GOES? YES, TO BE HONEST, AGAIN, LIKE IT'S JUST OUR FIRST TIME FIGURING THIS OUT AND I KNOW IT IS A RESPONSIBILITY AS A BUSINESS OWNER, UM, BUT WAS JUST KIND OF FOCUSED ON THIS MEETING, YOU KNOW, MOVING FORWARD WE CAN HAVE EVERYTHING FILED BY LIKE TOMORROW. I HAVE ALL THE REPORTS FROM AIRBNB, EVERYTHING THAT WE NEED TO DO TO MAKE IT RIGHT. OKAY. ANY OTHER QUESTIONS? SO MANAM, SO MR. MAN, YEAH, I GUESS IT CONFUSED A LITTLE BIT. SO THIS MAY, JUNE, JULY, AUGUST, SO SO, SO THREE MONTHS LATER. SO IT SEEMS LIKE THAT'S KIND OF A LONG WINDOW, YOU KNOW, TO KIND OF SIT IDLE, YOU KNOW, TO TRY TO GET EVERYTHING STRAIGHTENED OUT KNOWING THAT THERE'S A BUSINESS ON THE LINE, YOU KNOW, POTENTIALLY, UM, FROM, FROM WHEN IT CAME OUT. SO I GUESS JUST TRYING TO UNDERSTAND THAT DELAY. SO I KNOW THAT THINGS ARE BUSY, BUT THERE'S A LOT ON THE LINE. SO, SO, SO DID YOU REACH OUT TO THE CITY IN JUNE TO SAY, OKAY, HOW MUCH DO I OWE AND HOW DO I GET IT STRAIGHT IMMEDIATELY? YEAH, LIKE AS SOON AS I GOT THE EMAIL WE EMAILED BACK AND FORTH IMMEDIATELY. SO THEN, THEN HOW COME IT WASN'T S SQUARED AWAY IN JUNE, I GUESS IS WHAT I'M ASKING BECAUSE IT HAD ALREADY BEEN REVOKED. UM, AND THEY TOLD US THE ONLY WAY THAT WE COULD GO BACK IS TO FILE WITH THE BOARD AND WAIT FOR THE DATE, WHICH WOULD BE TODAY. SO NOT TO REVOKE, BUT THE, BUT THE HOT TAXES TO BECOME CURRENT WITH THE HOT TAXES IN JUNE. YEAH. SO I GUESS THAT'S WHAT I'M TRYING TO FIND OUT IS, SO, SO YOU WERE, I GUESS TRYING TO UNDERSTAND WHY THERE'S A DELAY IN PAYING THE HOT TAXES FROM, FROM WHEN IT WAS THAT YOUR, I GUESS NOTICE WAS GIVEN, UM, IN JUNE AND REACH OUT TO THE CITY TO SAY, HERE'S WHAT'S GOING ON. AND, AND THEN NOW, YOU KNOW, WE'RE IN SEPTEMBER AND, OR WE'RE IN SEPTEMBER? NO, WE'RE IN AUGUST. AUGUST. WE'RE IN AUGUST NOW. WE'RE AUGUST, SORRY. SO I TAKE A VACATION IN SEPTEMBER. YEAH. SO THAT'S, I WOULDN'T BE THERE. UM, SO JUST TRYING TO UNDERSTAND THAT, THAT, BECAUSE THAT DELAY, UM, JUST EMAILING BACK AND FORTH WITH THE CITY. I HAD TOLD THEM, YOU KNOW, WE CAN PAY EVERYTHING, TAKE CARE OF EVERYTHING NOW. AND THEY SAID THEY JUST, MY NEXT PLAN OF ACTION WAS TO DO THE BOARD MEETING. SO, SO YOU HAVEN'T PAID ANY, WHAT DO YOU OWE RIGHT NOW? UM, I, AND THAT'S THE OTHER THING TOO. SO FOR, WE GOT THE PERMIT IN JUNE, WE HAD A FEW LISTINGS, OR I THINK FROM LIKE MAY TO JUNE LAST YEAR WE HAD A FEW LISTINGS. AND THEN THIS YEAR, ONLY ABOUT FEBRUARY UNTIL NOW, WE HAD A FEW. SO A LOT OF THOSE MONTHS ARE ZERO. WE DIDN'T HAVE ANYONE STAYING THERE. WE WERE JUST BUYING OUR HOUSE, HAVING PEOPLE MOVED IN. WE HAD ALL OF OUR DATES BLOCKED OUT FOR SHORT TERM. UM, SO I, I DON'T KNOW OFF THE TOP OF MY HEAD. I'M SURE IT'LL BE LESS THAN WHAT IS ESTIMATED THERE. OKAY. JUST BECAUSE A LOT OF THE MONTHS WERE ZERO. BUT YOU HAVE, HAVE YOU, HAVE YOU, WHEN'S THE LAST TIME YOU FILED A HOT TAX REPORT? I NEVER HAVE. YEAH, YOU NEVER HAVE. OKAY. BECAUSE AGAIN, JUST PURE MISUNDERSTANDING, NOT KNOWING. OKAY, MR. MANCHACA, UM, UH, COULD YOU BE USING THE WRONG EMAIL ADDRESS? MAYBE THAT'S NOT THE ONE YOU USED THE MOST. SO THE CITY CAN PROBABLY FIND YOU. AND THAT WAS ANOTHER MISTAKE WITH THE APPLICATION BECAUSE THE HOUSE IS IN MY HUSBAND'S NAME. WHEN I APPLIED FOR THE PERMIT, EVERYTHING I DID IN MY HUSBAND'S NAME WITH MY HUSBAND'S EMAIL, UM, IT WOULD BE BETTER IF IT WERE MY EMAIL. WE'RE BOTH FULL-TIME EMPLOYEES, BUT HE IS MORE OF LIKE A EMAIL PERSON. SO STUFF DOES GET, YOU KNOW, MIS MISLED ON HIS EMAIL A LOT MORE THAN MINE. WHAT, WHAT, WHAT EMAIL ARE YOU SAYING IT SHOULD HAVE BEEN SENT TO? UM, I DON'T THINK MY EMAIL'S LISTED ON THERE AT ALL. 'CAUSE LIKE I SAID, IT WAS ALL WITH MY HUSBAND'S INFORMATION. UM, MY EMAIL'S LIKE CASSIE DOT MALL AT ICLOUD. SO THAT WOULD BE SOMETHING LIKE MOVING FORWARD I WOULD LOVE TO SWITCH IT TO MY EMAIL. OKAY. QUESTION FOR THE CITY THEN, YOU KNOW, IF HER RENEWAL, HER SHORT-TERM RENEWAL IS NOT RENEWED AND SHE STILL OWES THE TAXES, WHAT IS THE OPPORTUNITY TO CLAW BACK THE TAXES [05:25:01] SHE OWES? I MEAN, IS THERE ANY OPPORTUNITY TO CLAW BACK? SO YES, THEY CAN PAY EVEN THOUGH THE PERMIT IS REVOKED, BUT IT'S IT'S AT THEIR DISCRETION. THERE'S NO CORRECT. CORRECT. BUT AT THE TIME OF PERMIT RENEWAL, THEN THAT'S WHEN THE DEVELOPMENT SERVICES TEAM REACHES OUT TO FINANCE. BUT IF WE ELECT TO RENEW HER LICENSE NOW, THEN SHE WOULD HAVE TO CONCURRENT WITH THE TAXES THAT ARE OWED? CORRECT. OKAY. I HAVE A QUESTION FOR, FOR STAFF. YES, MR. EZ EXACTLY ABOUT WHAT, WHAT HE WAS SAYING. SO LIKE EARLIER TODAY WE SAW A CASE AND THEN WE DENIED THAT ONE AND THAT ONE OWED LIKE 24,000 SOMETHING. SO THEY DON'T GOTTA PAY THAT. I'M SORRY? THEY DON'T HAVE TO PAY IT. THEY DO. OKAY. THEY DO. MM-HMM. THEY DO. IF NOT, THEY STILL HAVE TO PAY COURSE THAT YOU GUYS TAKE WHERE IT'LL RIGHT. SO WE FINANCE DEPARTMENT WILL CONTINUE TO TRY TO COLLECT THAT MONEY. YEAH. THAT JUST BECAUSE THE THE, THE APPEAL IS NOT GRANTED DOESN'T MEAN THAT THE CITY FORGIVES $24,000 IN TAX. YEAH. AND, AND, AND AT THAT POINT YOU WOULD PURSUE LEGAL ACTION, I GUESS AND GO FURTHER INTO THAT. BUT, BUT LIKE, LIKE MY, MY COLLEAGUE WAS SAYING IF WE HAD APPROVED IT, THEN THEY WOULD HAVE TO GET CURRENT ON IT IMMEDIATELY. IMMEDIATELY. IMMEDIATELY. CORRECT. AND THEN THE CITY WOULDN'T HAVE TO PURSUE HIM OR HOUND HIM FOR IT. WE COULD CORRECT. COLLECT MONEY SOONER. OKAY. UM, AND THEN JUST ONE QUICK, FOR THE APPLICANT. UH, FOR THE APPLICANT. DID YOU, WERE YOU OFFERED A PAYMENT PLAN? NO, BECAUSE AS SOON AS I, WE GOT THE ACTUAL NOTICE, IT WAS ALREADY REVOKED. SO WHEN I EMAILED BACK SAYING LIKE, WE'RE WILLING TO DO WHATEVER WE CAN, WE JUST, YOU KNOW, WANNA MAKE THIS RIGHT, THERE WAS NO OTHER OPTION EXCEPT, YOU KNOW, YOU NEED TO FILE WITH THE BOARD BACK, BACK TO THE CITY. ON THE PREVIOUS CASE, WAS HE REVOKED AND THEN OFFERED A PAYMENT PLAN? NO, HE WAS OFFERED A PAYMENT PLAN. PAYMENT PLAN THEN REVOKED. OKAY. I I DO WANT TO CLARIFY ONE THING. THE ITEM BEFORE THE BOARD IS WHETHER OR NOT WE SHOULD, SHOULD HAVE REVOKED THE PERMIT OR IF WE NEED TO REINSTATE THE PERMIT. THERE IS NOTHING THAT I HAVE IN THE CODE THAT SAYS THE BOARD HAS OVERTURNED STAFF'S DECISION, THEREFORE THE PERMIT IS REINSTATED. THERE IS NOTHING AT MY DISPOSAL THAT SAYS I'M NOT GOING TO DO WHAT THE BOARD TOLD ME TO DO UNTIL YOU PAY YOUR PROPERTY TAX. I DON'T HAVE THE AUTHORITY TO DO THAT. SO I DON'T WANT THE BOARD TO THINK THAT IF YOU MAKE THE DECISION TO REINSTATE THE PERMIT OR OVERRIDE STAFF, THAT WE CAN CONTINUE TO HOLD THAT PERMIT HOSTAGE PENDING TAX COLLECTION. YEAH. BUT THEN AFTER 30 DAYS YOU CAN REVOKE IT AGAIN. RIGHT. WE WOULD HAVE TO SEND ANOTHER NOTICE OF DELINQUENCY AND START OVER 90 DAYS. OKAY. BUT YOU WON'T HAVE TO DO WITH ME 'CAUSE WE JUST WANNA MAKE THIS RIGHT. OKAY. UM, I, I, I, OKAY. AND SO WHEN, WHEN, ONE OF THE THINGS THAT, THAT CAME UP WITH ME IS THAT YOU HAD, YOU HAD, UM, MAILED AND EMAILED SOME PEOPLE AND ONLY EMAILED OTHERS. WAS THAT JUST SOMETHING THAT INTERNALLY CHANGED? AT A CERTAIN POINT IN TIME IT DID INTERNALLY CHANGE BECAUSE WE WERE RECEIVING A LOT OF MAIL BEING RETURNED. UM, ALSO CUSTOMERS WERE STATING YOU DID NOT MAIL US A LETTER AND WE HAVE NO PROOF THAT WE MAILED IT AND THAT YOU RECEIVED IT AND THAT YOU OPENED IT. SO WE ARE TRYING TO CHANGE THINGS UP JUST AS LOGAN IS TO WHERE NOW WE HAVE PROOF THAT WE DID EMAIL IT. DO YOU HAVE PROOF ALSO THAT THEY OPENED THE EMAIL THAT THEY OPENED IT? NO, WE DO NOT THINK ABOUT IT. OKAY. MAYBE ADD $5 TO THE APPLICATION FEE AND PUT IT IN AN ESCROW ACCOUNT FOR A CERTIFIED MAILING OR SOMETHING. OKAY. UM, JUST A THOUGHT. UH, IS THERE ANY, ANY OTHER QUESTIONS? NO. ALL RIGHT. UM, THANK YOU VERY MUCH FOR GONNA LOOKING FOR A MOTION. YEAH, I CAN DO THIS ONE I GUESS. ALL RIGHT, COMMISSIONER MADA REGARDING REGARDING CASE NUMBER BOA 2 3 1 0 3 0 0 1 9 4. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT APPEAL FOR THE PROPERTY SITUATED AT 7 3 6 SALDANA APPLICANT BE AT CONRAD GARDNER BECAUSE THE INFORMATION PROVIDED BY THE APPLICANT SHOWS THE CITY MADE AN ERROR IN REVOKING THE SHORT-TERM RENTAL PERMIT. AND A MOTION IS THERE A SECOND, SECOND, SECOND BY COMMISSIONER BEES. COMMISSIONER MANNA. SO, UM, ON THIS CASE, YOU KNOW, I ACTUALLY DO THINK THAT THE CITY, UM, NEEDS TO RESOLVE THE ISSUE ON HOW THEY COMMUNICATE WITH EVERYBODY. AND, AND I DO THINK THAT FROM A BUSINESS PROFESSIONAL BUSINESS PERSPECTIVE THAT I DO RELY ON BOTH MAIL AND EMAIL. SO AS A NEIGHBORHOOD LEADER, I RELY ON BOTH OF THOSE ACCOUNTS WHENEVER IT IS THAT I'M WORKING WITH THE CITY BECAUSE, UM, YOU KNOW, MY LIFE IS BUSY. AND SO I DO FIND THAT THOSE THINGS SOMETIMES GET LOST AND HAVING BOTH THOSE REMINDERS AND I THINK, YOU KNOW, PART OF THE DIALOGUE ABOUT HAVING A CERTIFIED LETTER, YOU KNOW, KIND OF GETS THROUGH ONE OF THOSE ISSUES AND, AND YES, IT'S A COST TO THE CITY, BUT YOU KNOW, WHEN WE GOT 5,000, 24,000, WHATEVER IT IS ON THE LINE, I THINK, I THINK THAT'S A, A, A GOOD INVESTMENT THERE. AND THEN, UM, YOU KNOW, THE RETURN RECEIPT, YOU KNOW, ON EMAILS [05:30:01] ALSO, YOU KNOW, IS A VIABLE OPTION TOO. UH, DEPENDING ON YOUR EMAIL PROVIDERS, IT CAN BE, SOMETIMES IT GETS LOST, BUT, BUT I THINK THAT, YOU KNOW, I WOULD THINK THAT BOTH THOSE THINGS SHOULD BE UTILIZED EVERY TIME. UM, AND, AND IT SEEMS LIKE SINCE THERE'S SOME INCONSISTENCIES HERE, I'M GONNA BE, UM, SUPPORTING THE APPLICANT COMMISSIONER BENAVIDES, I SUPPORT THE APPLICANT. ANY OTHER COMMISSIONERS LIKE TO ADD MINKA? COMMISSIONER MINKA? I AGREE WITH, UH, MY COLLEAGUE MR. MANNA, THAT, UH, WHAT HAVING TO, UH, STOP THE, UH, I SENT YOU AN EMAIL. SOMETIMES I STOP THE, THE, UH, EMAIL COMPLETELY AND THAT FORCES THE COMPANY TO SEND ME MAIL THAT I HAVE A POSTMARK ON THAT I CAN DEAL WITH. AND, UH, THAT HAPPENS AS YOU GET MORE MILEAGE IN YOUR LIFE. SO YOU'LL SEE THAT. THANK YOU. ANYONE ELSE? UH, I'M GONNA ADD THAT I'M, I'M ACTUALLY GONNA SUPPORT THE APPLICANT ON THIS ONE, AND IT'S FOR A COUPLE REASONS. YOU KNOW, IN THE PREVIOUS CASE, YOU KNOW, THEY, THEY ENTERED INTO A, A PAYMENT PLAN AND THEN THERE WAS A DIRECT VIOLATION OF THAT IN RECENT COMMUNICATION. AND THIS CASE, UH, YOU KNOW, THERE WASN'T A COMMUNICATION UNTIL IT WAS REVOKED AND SHE DIDN'T GET THE BENEFIT OF GETTING IT HAR UM, HARD MAILED AND, AND EMAILED. AND SO, I, I JUST WANNA MAKE SURE EVERYONE'S GETTING THE SAME TREATMENT. AND SO, UM, I'LL BE CITING WITH THE APPLICANTS HAVE A ROLL CALL VOTE PLEASE. MR. MANO, I SUPPORT THE APPEAL. MS. BENAVIDEZ, I SUPPORT THE APPEAL. MR. SPIELMAN, I SUPPORT THE APPEAL. MR. MANCHACA, I SUPPORT THE APPLICANT. MR. ZIKA NO, I DO NOT SUPPORT I, MR. UNA, I SUPPORT THE APPLICANT. MR. VASQUEZ, I DO NOT SUPPORT MR. BOEZ. I SUPPORT THE APPLICANT CHAIR, ORIAN AND I SUPPORT THE APPLICANT. UH, MOTION FAILS SEVEN TO TWO. UM, YOU CAN GET WITH STAFF AND, AND, AND SEE IF YOU HAVE ANY QUESTIONS ABOUT WHAT TO DO NEXT. ALRIGHT. ALL RIGHT. NEXT [ Approval of Minutes  ] ITEM IS THE MINUTES. I HAD A VERY FEW CHANGES AND ANY KNEW I DIDN'T SEE ANYTHING WHEN I WENT THROUGH IT, SO YOU OKAY. YOU DID BETTER THAN I. SO , THEY WERE, THEY WERE REALLY, REALLY SMALL . OKAY. I THINK ONE WAS AN INCHES INSTEAD OF A FOOT. OH, OKAY. SOMETHING LIKE THAT. YEAH. UM, SO IF, UM, I MOVE AS A MANY, OKAY. IS THERE A SECOND? OH, COMMISSIONER ZUNIGA, YOU GONNA SECOND THE MINUTES? ALL RIGHT. ALL IN FAVOR SAY AYE. AYE. AYE. ALL RIGHT. MOTION PASSES. THANK YOU, MR. LORD. YES. COMMISSIONER ZUNIGA, POLICIES, PROCEDURES, UH, BRIEFLY. SURE. UH, WHAT WOULD YOU LIKE? WHOEVER WANTS TO GO HOME? NO, NO. UH, ? YES. UH, WHAT WE'VE BEEN SEEING ALL THE SUITES, UH, I WOULD LIKE TO SEE ON EACH CASE MM-HMM. IF THIS LEGAL OR NOT, BUT I THINK IT'S THE PACKAGE. GIVE US A PACKAGE. YEP. YOU KNOW, SO WE CAN SEE WHERE THEY SIGNED, WHERE THEY DID. SURE. YOU KNOW, BECAUSE THIS IS COMING, YOU KNOW. YEAH. I'VE, YOU KNOW, I'VE 11 O'CLOCK WITH THE SAME THING. EVERYBODY'S SAYING THE SAME THING. YEAH. STAFF DIDN'T TELL US, WE DIDN'T KNOW. WELL, HELL, I MEAN, THEY'RE INVESTING MONEY IN TIME, BUT THEY'RE INTELLIGENT ENOUGH. I KNOW THEY'RE INTELLIGENT ENOUGH AND, UH, YOU KNOW, THEY'RE MAKING MONEY. I MEAN, SO, MAN, THAT IQ YEAH. I, I'VE, I'VE GONE THROUGH, I'VE ALREADY TOLD THE TEAM, WE'LL, WE'LL INCORPORATE INTO FUTURE PRESENTATIONS MEAN I OWN A SMALL BUSINESS AND NOBODY TELLS ME WHEN I HAVE TO DO MY QUARTERLY FILINGS AND MY TAX RETURNS AND STATE RETURNS. I MEAN, YOU KNOW, THEY GIVE YOU A A ONE, YOU CAN FIND AN ACTION SHEET, BUT REALLY THERE'S A LOT OF STUFF YOU'RE SUPPOSED TO DO THAT YOU JUST HAVE TO JUST FIND OUT AND IT'S, YOU'RE MAKING SICK MONEY. RIGHT. I MEAN, I, YEAH. BUT, UH, I ASKED SABRINA BEFORE SHE, I MEAN, WE'VE, WE'VE GONE OUT OF 3,200 ACTIVE PERMITS. WE GET 20, IT'S A LOT. 800 ACTIVE FILINGS A MONTH. I JUST, YOU KNOW, WHEN WE SEE THESE THINGS, LOOK, WHAT I LIKE TO SEE IS WHAT ARE THE DATES? WHAT HAPPENED HERE? WHAT HAPPENED HERE? BUT WHEN, WHEN I START HEARING ONE PERSON GOT TWO FORMS OF COMMUNICATION AND ONE ONLY GOT ONE. SURE. IT KIND OF MAKES ME, I I WANT JUST EVERYONE TO BE THE SAME. THAT'S ALL. YEAH. I, I THINK, WE'LL, MY, AN EMAIL AND THEY DON'T PUT THE RIGHT ADDRESS OR PHONE NUMBER. WE, WE, WE CAN ONLY USE THE EMAIL ADDRESS THAT THE APPLICANT GIVES US. SO, I MEAN, WE, WE DON'T HAVE A IT DOWN. SURE. WE, I WON'T, YOU KNOW, LEAD THEM BY THE HAND. I MEAN, AS MANY JUDGMENTS I KNOW. PAYING AND I'M PAYING. MM-HMM. [05:35:01] YOU KNOW, I MEAN, SO I CAN'T TELL, I MADE, I MADE A MISTAKE, SO I DIDN'T SEND YOU THE PAYMENT FOR TWO YEARS, YOU KNOW, I MEAN, HEY, GIMME MY MONEY, GIMME MY 11,000 PLUS FEES AND . SO, YOU KNOW, I MEAN, , THIS IS NOT A GAME. THIS IS PEOPLE MAKING BUT IN MONEY AND WE'RE DICTATED AS A CITY FAMILY. AH, YEAH. THAT'S, I NEED, I, I HEAR YA. I NEED EVERYONE TO GRAB A SANDWICH ON THEIR WAY OUT THOUGH. I DON'T WANT, OKAY. I'M NOT, I DON'T WANT TO TAKE THOSE ALL. THANK Y'ALL. WE'RE ADJOURNED. IT'S, UH, 6 49. * 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.