* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:01] SORRY. THE TIME IS 1 0 4. [Work Session  ] THE BOARD OF ADJUSTMENTS, UH, IS IN ORDER. UM, PLEASE BE KIND ENOUGH TO SILENCE ALL MOBILE DEVICES. THE MEETING OF THE BOARD OF ADJUSTMENTS WILL COME TO ORDER. PLEASE CALL RO DR. BARTON HERE. MS. PICASSO? YES. MS. KAPLAN? PRESENT. MR. DEAN? PRESENT. MR. ZUNIGA? PRESENT. MR. MANA? PRESENT. MS. BENAVIDES? PRESENT. MR. VASQUEZ? PRESENT. MS. CRUZ? HERE PRESENT. MR. EZ? PRESENT. MR. UNA PRESENT? QUORA. MS. PRESENT AND MR. ORIEN, IS HE ON OR? YES, HE'S ON. OKAY. WITH QUORUM, WE DO HAVE A QUORUM. UH, PLEASE STAND AND JOIN US FOR THE PLEDGE OF ALLEGIANCE FOR THE UNITED STATES PGI OF THE UNITED STATES TO THE REPUBLIC STANDS, ONE NATION UNDER GOD, LIBERTY JUSTICE FOR FLAG ONE STATE UNDER. BEFORE WE PROCEED WITH TODAY'S CASES, I WOULD LIKE TO OFFER A FEW EXPLANATIONS. THE BOARD FOLLOWS AN AGENDA, WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND THE STREET ADDRESS. FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETINGS FOLLOWED BY A DIRECTOR'S REPORT. LASTLY, AS CHAIR, I'LL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS. I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS CHAIR AND I WILL READ THEM AT THE APPROPRIATE TIME IN THE MEETING. WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL. THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS THAT ARE 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 LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35, THE CITY, CITY CODE, AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE AS AN ADVISORY AND APPELLATE CAPACITY TO THE 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 IN ANY OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY DECISION OR RECOMMENDATION OF THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED OF THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT OR HIS OR HER REPRESENTATIVE WILL PRESENT THE PETITION AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD. AND THE OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER. AFTER EVERYONE HAS BEEN HEARD IN THE CASE, THEY'LL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION IN ORDER FOR THE MOTION TO CARRY. IT REQUIRES CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES OF THIS BOARD. THE BURDEN OF PROOF IN GET IN GRANTED THE RELEASE SOUGHT RESTS WITH THE APPLICANT. THE APPLICANT MUST BE PRESENT, MUST PRESENT FACTS IN WHICH THE REQUESTED RELEASE CAN BE, UH, LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THE BOARD REGARDING APPEALS FROM ADMINISTRATIVE OFFICIALS. SPECIAL EXCEPTION OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT OF LAW BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S. DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. PLEASE LIMIT YOUR PRESENTATION AND REMARKS OF THE PERTINENT FACTS OF YOUR CASE. UM, ALSO BEFORE WE BEGIN, UH, WE HAVE A SPANISH INTERPRETER IF THEY'D LIKE TO MAKE A A INTRO REMARK. IF ANYBODY NEEDS INTERPRETATION HELP, UH, WE HAVE, UH, SEE THE, UH, INTERPRETER. SHE'S IN THE BOOTH OVER THERE IF WE HAVE SOMEBODY. OKAY. YEAH. THAT THERE'S A TRANSLATION SERVICE. YEAH, JUST, JUST STATE THAT THERE'S TRANSLATION SERVICES AVAILABLE. THANK YOU. AT [00:05:01] THIS TIME, I'D ASK STAFF [ Briefing and Possible Action on the following items  ] TO MAKE A, A BRIEF PRESENTATION ON INSTRUCTIONS ON SPEAKING TIME FOR THE WITNESSES. ALL RIGHT. GOOD AFTERNOON. STAFF WILL MAKE, UH, BEGINNING EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST. PRIOR PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OR SPECIAL EXEMPTION AND PROPERTY WITHIN 200 FEET OF THE SUBJECT. PROPERTY CHECK MARKS INDICATE THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION. FOLLOWING THIS PRESENTATION AND ANY OTHER QUESTIONS ABOUT A BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST. FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST A PROPOSED VARIANCE OR SPECIAL EXEMPTION, YOU'LL BE CALLED ON IN AN ORDER. YOU SIGN UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALL ALLOWED OF MAXIMUM THREE MINUTES PER SPEAKER, AND YOU ARE NOT OBLIGATED TO UTILIZE A MAXIMUM TIME LIMITATION FOR THOSE WHO WOULD LIKE TO GIVE UP THEIR TIME TO A SPEAKER. THAT SPEAKER WILL BE, UH, BE ALL ALLOWED OF MAXIMUM OF TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH THREE MINUTES TIME LIMIT, ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU, YOU CHAIRMAN. THANK YOU. WELL, LET'S, UH, BEGIN WITH FIRST CASE. THIS IS CASE NUMBER 3, 2 3. GOOD AFTERNOON, BO 8 23 1 0 3 0 0 2 2 3. ADDRESS IS 1 0 0 0 3 THROUGH 1 0 1 43 HANO AND 1 0 1 0 2 THROUGH 1 0 1 0 3 3 0 AND 1 0 3 6 2 METRO WAY COUNCIL DISTRICT FOUR APPLICANT IS HIGHLAND HOMES A REQUEST FOR A TWO FOOT SPECIAL EXEMPTION FROM THE MAXIMUM SIX FOOT FENCE HEIGHT TO ALLOW AN EIGHT FOOT FENCE ON THE REAR INSIDE YARD OF MULTIPLE LOTS. THE ZONING IS M P C THREE MASTER PLAN COMMUNITY COMMUNITY DEVELOPMENT. THE SUBJECT PROPERTIES ARE LOCATED SOUTH OF LOOP FOUR 10 BETWEEN UNIVERSITY WAY AND SALAZAR ZAMO STREET. THE APPLICANT IS REQUESTING AN EXEMPTION TO ALLOW AN EIGHT FOOT FENCE ON THE REAR END SIDE YARDS OF MULTIPLE LOTS. THE APPLICANT CONSTRUCTED EIGHT FOOT FENCES, HOWEVER, PER U D C, THE MAXIMUM HEIGHT FOR FENCES IS SIX FEET IN THE REAR INSIDE YARDS FOR PERMITTED USES IN SINGLE FAMILY BUILDING. PERMITS WERE APPROVED AND NO FENCE HAD ANNOTATED, WHICH CAUSED THE ERRONEOUS ISSUANCE OF PERMITS ALLOWING EIGHT EIGHT FOOT FENCE. THIS IS THE SITE, SO THE SITE PLAN AND ADDIT. JUST ADDITIONAL SHY PLAN SHOWING THE LOTS 'CAUSE IT'S A, IT'S A FAIRLY BIG NEIGHBORHOOD, MULTIPLE LOTS. AND THIS IS ONE OF THE SUBJECT PROPERTIES AND THIS IS AN AL ALTER VIEW OF THE SUBJECT PROPERTY SHOWING FENCE. UM, A LITTLE BIT CLOSER. HOW HEIGHT, THE HEIGHT OF THE FENCE. AND THEN THIS IS SURROUNDING AREAS SHOWING THE FENCES THROUGHOUT THE, UH, THE NEIGHBORHOOD STAFF RECOMMENDATIONS. SPECIAL EXEMPTION FENCE HEIGHTS STAFF RECOMMENDS DENIAL AND B O 8 23 1 0 3 0 0 2 3 BASED ON THE FOLLOWING FINDINGS, THE ADDITIONAL FAHE GOES AGAINST THE ESTABLISHED HEIGHTS IN U T C AND TWO. IT WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS NO OTHER EIGHT FOOT FENCES WERE OBSERVED. AND NOTIFICATION PLANS STAFF MAILED OUT 92 NOTICES, ONE IN FAIR, ONE IN FAVOR, ZERO IN OPPOSITION. AND THERE ARE NO REGISTERED NEIGHBORHOOD ASSOCIATIONS. AND THIS IS JUST CONTINUING TO, THE NOTIFICATION PLAN HAD TO BREAK IT UP. AND THIS IS YOUR ONE PUBLIC RESPONSE FROM 1 0 1 3 4 MERA WAY. THAT CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. THANK YOU. LET'S SEE. ANY QUESTIONS MR. MANNA? SO, UM, QUESTION I HAVE IS ON THE MAP THERE. SO IS IT, UH, EVERY HOME IS LOOKING TO HAVE AN EIGHT FOOT FENCE ON THE BACK OF IT. IS THAT WHAT'S BEING PERMIT OR REQUESTED? THEY HAVE AN EXISTING CONSTRUCTED EIGHT FOOT FENCE. SO THE, THE PINK LINES THERE, EVERY ONE OF 'EM IS AN EIGHT FOOT FENCE ALREADY. CORRECT. AND THAT'S A REAR PROPERTY LINE, CORRECT? CORRECT. NOT SIDE. 'CAUSE THAT ONE PICTURE YOU SHOWED LOOKED LIKE IT WAS A SIDE, BUT THAT'S, THAT'S A SIX FOOT SIDE. IT'S THE REAR OF THE FRONT PROPERTY. OH, IT'S THE REAR OF THE OTHER SIDE, RIGHT? MM-HMM. . ALRIGHTY. THANK YOU. WELL, LET'S SEE IF THE APPLICANT, ANY OTHER QUESTIONS FOR STAFF? YES. OKAY. MR. ZUNIGA, UH, IS THIS THE SAME BUILDER THAT THE HOUSES ARE ALREADY THERE BUILT? YES. WELL, THERE'S TWO BUILDERS. GO AHEAD. UH, VINCENT, YOU CAN, YEAH, THIS IS WHAT I, YEAH, THERE'S TWO BUILDERS. THERE IS I THINK PERRY HOMES AND HIGHLAND HOMES. AND, AND PERRY HOLMES WAS NOT THE ONE THAT PUT THE FENCE. IT WAS HIGHLAND. AM I CORRECT? SO THE APPLICATION WAS DONE BY HIGHLAND HOMES. PERRY HOMES DID A SEPARATE APPLICATIONS, BUT WE NOTIFIED THEM AND JUST COMBINED THEM INTO ONE CASE. MANA, BUT PERRY HOLMES WHAT PERRY HOLMES DID A WAS DOING AN APPLICATION ALSO. WELL, EIGHT FOOT. CORRECT. SO WE JUST COMBINED 'EM IN ONE APPLICATION. OKAY. THANK YOU FOR THAT, MR, FOR CLARIFICATION, HOW MANY EIGHT FOOT FENCES WAS EIGHT FOOT FENCES HAVE ALREADY BEEN CONSTRUCTED? BECAUSE I HEARD ONE AND THEN, OR I HEARD ONE EIGHT FOOT, BUT I JUST WANNA MAKE SURE [00:10:01] I, I BELIEVE THEY'RE ALL CONSTRUCTED. THEY'RE ALL CONSTRUCTED EIGHT FEET. HOW MANY UNITS IS THAT? SO TOTAL, UM, GOSH, AT LEAST 20 IF NOT MORE BASED ON THE ADDRESSES. YEAH, IT LOOKS LIKE, SO IT'S ALL THAT PINK LINE, THAT ENTIRE PINK LINE. RIGHT. AND THEN IF YOU GO BACK TO, I UNDERSTAND, BUT I WOULD RATHER I, THEY CAN JUST COUNT FOR ME VERSUS MEHA TO, BECAUSE THIS IS A, THE SCHEMATIC WE'LL GIVE YOU, WE'LL GIVE YOU A COUNT WHILE THE APPLICANT'S MAKING AN REPRESENTATION. THANK YOU, MR. MADO. SO, AND THE QUESTION I HAD IS YOU SAID THAT THERE WAS DIALOGUE WITH REGARDS TO WHAT WAS REQUESTED, UM, AND THEN THERE WAS A MISUNDERSTANDING, UH, WITH REGARDS TO THE EIGHT FOOT. UM, I THINK IF YOU, UH, WHEN YOU'RE READING THE, THE NOTE, CAN YOU CLARIFY WHAT YOU MEANT BY THAT OR PROVIDE SOME EXTRA CLARITY? I'M NOT SURE I UNDERSTAND WHAT QUESTION. SO THE QUESTION WAS THAT THEY PUT IN A PERMIT, IF I SAW CORRECTLY. UM, BUT DID THEY NOT REQUEST A HEIGHT IN THE PERMIT AND, AND WE PERMITTED IT AND THEN THEY BUILT EIGHT FOOT BECAUSE THERE WAS NO FOOT INDICATED OR HEIGHTS INDICATED? YEAH. SO THE, UM, THE PERMIT FOR THE HOUSE, UM, DID NOT HAVE THE HEIGHT OF THE FENCE. UM, THE PLAN REVIEW SHOULD HAVE SEEN THAT THERE'S NO HEIGHT AND SHOULD HAVE ASKED FOR A HEIGHT, BUT THEY DIDN'T. AND SO IT GOT PERMITTED. IS THERE A TOP, UH, TOPOGRAPHICAL COOL, NO. MUD'S HEAD FLAT. FLAT? YES, SIR. RIGHT. SO CAP MS. KALET, I'LL ASK APPLICANT FOR, THERE WAS A REASON. DO ALL OF THE FENCES HAVE, HAVE SIDE, SORRY, THIS, DO ALL OF THE, UH, FENCES ON THE SIDE, YARDS EIGHT. ARE THEY ALL EIGHT FEET? TWO? YES, MA'AM. SIDE AND REAR? YES, MA'AM. SO FOR, FOR EACH LOT. OKAY. WELL, THE SIDE IS, IS WE JUST HEARD TESTIMONY WAS SIX FOOT ON THE SIDE, UH, THE SIDE, THAT'S BEING, I MEAN, THAT'S A QUESTION FOR THE APPLICANT THAT'S SIT STANDING OVER THERE. IT SOUNDS LIKE IT WAS SIX FOOT FOR THE NEIGHBORING PROPERTIES. GO BACK TO THAT ONE, JOSEPH, BACK THIS HOUSE? YEAH. SO THIS RIGHT HERE IS ACTUALLY THE, IS THE, UM, THE BACK OF THE OTHER, BACK OF THE OTHER HOUSE, CORRECT. THAT'S THE REAR OF THE OTHER HOUSE, RIGHT? THAT IS THE REAR. YOU'RE SITTING THE WAY THE LOTS ARE SITTING. BUT THEN BETWEEN THOSE HOUSES, THE SIDE FENCES ARE SIX FEET THEN YES. CORRECT. CORRECT. CORRECT. BEHIND THE FRONT. RIGHT. RIGHT, RIGHT. THANK YOU. IF NO OTHER, AND, UH, COMMISSIONERS 41 TOTAL LOTS. THANK YOU. MORE THAN FOUR, NO OTHER QUESTIONS FOR STAFF, I'D ASK THE APPLICANT TO PLEASE COME FORWARD, STATE YOUR NAME AND LET'S BEGIN YOUR TESTIMONY HERE. GOOD AFTERNOON. I'M MICHAEL WHITTEN WITH HIGHLAND HOMES. UM, I GUESS WHATEVER I CAN ANSWER PLEASE. OH, I'M SORRY. I, THERE'S A LITTLE BIT OF A HEIGHT ISSUE HERE. , UH, WHATEVER I CAN ANSWER PLEASE. IN ORDER TO, UH, FACILITATE KAPLAN, MS. KAPLAN. OKAY. HIGHLANDS HOMES IS A ESTABLISHED BUILDER, CORRECT? YES, MA'AM. UH, YOU'VE BUILT IN SAN ANTONIO BEFORE, SO YOU SHOULD KNOW, BE FAMILIAR WITH THE ORDINANCES. THAT SIX FEET FENCE IS EIGHT FEET IF YOU HAVE A POOL OR THERE'S SOME SPECIAL EXCEPTION. SO WHY DID YOU PUT AN EIGHT FOOT FENCE IN? UM, ACTUALLY THE TURN OF EVENTS IS NORMALLY WE WOULD DO A SIX FOOT FENCE AT ONE POINT. THERE'S A DISSEMINATION BETWEEN THE TWO PRODUCT LINES IN BOTH OF, AND THE NEIGHBORHOOD, PERRY AND HIGHLAND HOMES, ONE BUILDER. AND THEN YOU HAVE TWO OTHER BUILDERS THAT BUILD IN DIFFERENT PRODUCT, UH, LEVELS. ORIGINALLY THE INTENTION WAS TO KEEP EVERYTHING, THE SIX FOOT FENCE. WE HAD SOME HOMEOWNERS AND OTHER PEOPLE VOICE CONCERNS ABOUT THE EXPOSURE OF THE OTHER HOUSES BEHIND THEM. HMM. SO IN ORDER TO CREATE THE DIFFERENTIATION AND THE HELP, WE ASKED THE DEVELOPER FOR AN EXCEPTION TO GO AHEAD AND INSTALL AN EIGHT FOOT FENCE WHERE WE WANTED TO UNKNOWN THAT WE WOULD NEED TO GO AHEAD AND HAVE THAT APPROVED PERMIT WISE THROUGH THE, UH, THROUGH THE PERMIT. SO NORMALLY I DO THE PERMITS, THEY'RE ALL SAN ANTONIO AND I HAVE NEVER DESIGNATED ON ANY PERMIT THAT I'VE DONE THAT SIX FOOT TO EIGHT FOOT FENCE. HOWEVER, THEY ARE SHOWN ON THE PLANS AND SHOWN ON THE PERMITS. SO THIS, UH, BEING A LITTLE BIT OF AN ERRONEOUS OVERSIGHT, MORE OR LESS. SO YOU WERE SAYING THAT THERE'S, IS THERE A TPO? UH, SO THERE IS, IT'S, IT'S A LITTLE DECEIVING. THERE IS SOME TOPOGRAPHY BECAUSE YOU CAN SEE THAT ACTUALLY HAS A DROP GARAGE THERE AND THERE'S STEPS TO THE FRONT PORCH. SO THERE IS A LITTLE BIT OF TOPOGRAPHY THROUGHOUT THE WHOLE NEIGHBORHOOD, BUT IT'S NOT A MUCH, BUT THE PROBLEM IS, IS THAT YOU HAVE THOSE HOUSES THAT ARE OF ONE PRICE SPECIFIC TYPE OF PRODUCT, AND THEN YOU HAVE THE OTHER ONES THAT THEY'RE TRYING TO CREATE A SEPARATING LINE BECAUSE OF THE, UH, DIVISIONAL PRICING BETWEEN BOTH OF 'EM, UH, IN EXCESS OF A HUNDRED THOUSAND. ANY OTHER QUESTIONS? THE APPLICANT? I HAVE A QUESTION. YES, YES MA'AM. SO, ELEVATION ISSUES, RIGHT? YES, MA'AM. SO ARE, BUT THEN WHERE THERE IS NOT AN ELEVATION ISSUE NEAR THE SIX FOOT FENCE LINE, THAT'S, THERE'S STILL AN EIGHT FOOT FENCE THERE, THERE'S STILL NO MA'AM. SO LIKE ON THAT PICTURE, IT'S PERFECT. UH, BETWEEN THE HOUSES, WE KEEP THE SIX FOOT FENCE IN ORDER TO PRESERVE AS MUCH OF THE NEIGHBORHOOD AS WE CAN. MM-HMM. , THE EIGHT FOOT FENCE IS ONLY AT THE REAR REAR IN ORDER TO CREATE THAT LINE BETWEEN THE TWO PRODUCT LINES TO SHOW, HEY, THIS IS A NEIGHBORHOOD OF DIFFERENT BUILDERS AND HERE ARE THEIR DIFFERENT PRODUCTS, BECAUSE OBVIOUSLY CERTAIN PEOPLE ARE GOING FOR ONE END AND SOME [00:15:01] PEOPLE ARE GOING FOR THE OTHER END. RIGHT. THAT FENCE WAS ONLY JUST TO CREATE A SEPARATION BETWEEN 'EM BECAUSE OF THE, THE TOPOGRAPHY, I'M SORRY, I KEEP HITTING THE MIC. THE SLIGHT TOPOGRAPHY AND THE FACT THAT JUST CREATE THAT BARRIER BETWEEN THE TWO. OKAY. SO, UH, YOU COULD IN SOME INSTANCE HAVE THE ONES BEHIND THEM ELEVATED HIGHER THAN THE ONES IN FRONT. AND SO THE EIGHT FOOT FENCE DOES HELP MITIGATE THAT AS WELL. IS, BUT IS THAT, SO IS THERE AN ELEVATION DIFFERENCE SIMILAR TO THE ONE WITH THE EIGHT FOOT FENCE WITH THE SIX FOOT FENCES? UM, THERE'S AN ELEVATION DIFFERENCE IN THE WHOLE NEIGHBORHOOD, BUT, UM, BECAUSE OF THE FACT THAT IT STARTS ON ONE STREET AND BASICALLY WRAPS ALL THE WAY AROUND. SO THEN THIS IS JUST DUE TO PUTTING AN EIGHT FOOT FENCE ON MORE EXPENSIVE HOMES, UH, ON THE REAR? YES, MA'AM. ON THE REAR ONLY, NOT BETWEEN THEM. SO NOTHING, NOTHING BASED ON LIKE A SECURITY ISSUE, A SAFETY ISSUE? NO, MA'AM. IT WAS JUST THE PERCEPTION OF THE, THE VOICES THAT WERE THANK YOU. YES, MA'AM. MR. VASQUEZ. YEAH, THAT'S WHAT I WAS GOING TO ASK. YES, SIR. UH, THERE'S NO PRI UH, PRIVACY, UH, BASIS THAT YOU NO DEFENSE ONLY MAYBE THE TOPOGRAPHIC MI MICHAEL. WHAT I'M SAYING IS YES, SIR. WHAT ALMOST OF THIS CLASSICS THAT, ARE YOU SEPARATED THE PRICE RANGE TO AN EXTENT? BECAUSE WHAT, YOU KNOW, I KNOW I'VE DONE IT WITH KB WE HAVE SEEN IN OTHER BUILDERS. YES, SIR. OTHER BUILDERS. OKAY. SO, SO IT'S, UH, THE PRICES OF THE HOUSE, UH, THE MORE, MORE OR LESS YES, SIR. AND I'M NOT TRYING TO INTERRUPT YOU. UM, WHEN YOU HAVE FAMILIES AND STUFF, AND SO, UH, AND, AND HOUSES, OKAY. SOMETIMES YOU HAVE BACK PATIOS THAT ARE ON THE SAME SIDE BECAUSE YOU HAVE GARAGES ON OUR OPPOSITE SIDE OF THE HOUSE AND CERTAIN AREAS, WHEN YOU GET SO MANY HOUSES PACKED TOGETHER, WHEN YOU CAN PUT UP AN EIGHT FOOT FENCE, THAT ACTUALLY CREATES A LITTLE BIT OF PRIVACY FOR THE FAMILIES. SO THAT WAY, YOU KNOW, I'M KEEPING BALLS FROM GOING OVER THE BACKYARD AS OPPOSED TO THE SIDE YARD, WHEREAS, YOU KNOW, YOUR NEIGHBOR AND YOU CAN GO KNOCK ON THEIR DOOR AND GET THE FENCE AND GO THROUGH THE GATE, YOU KNOW. SO IN ESSENCE, WE WERE TRYING TO GIVE A LITTLE MORE PRIVACY TO THE PARTIES INVOLVED IN THE HOMEOWNERS FEELING AS THOUGH THAT WE'RE TRYING TO KEEP THE COMMUNITY TOGETHER AND PRESERVE WHAT WE CAN WHILE ALSO APPEASING THEM TO A CERTAIN DEGREE. YES, SIR. THANK YOU. MR. VASQUEZ. DOES THAT, DOES THAT ANSWER YOUR QUESTION? I HAD A QUESTION, SIR. CAN YOU SPEAK YES, SIR. TO THE HARDSHIP THAT WOULD BE PRE, UH, PRESENTED TO YOU IF YOU WERE TO, UH, HAVE TO LOWER IT TO THE SIX FOOT REQUIRED? WELL, I MEAN, THE HARDSHIP BEING THAT WE WOULD HAVE TO REMOVE THE ENTIRE FENCE LINE ALL THE WAY THROUGHOUT AND REPLACE IT, UM, AS WELL AS THE FACT THAT WE WOULD ALSO HAVE TO BE DOING TEMPORARY STATUS BETWEEN THE FENCE LINES BECAUSE WE'RE NOT GONNA BE ABLE TO, UH, USE SOME OF THE SAME MATERIAL OVER SOME OF IT. WE COULD. THAT BEING SAID, UM, NOT TO MENTION THE TIME AND MATERIALS AND THE TEMPORARY NOT, AND THE, I GUESS THE DISRUPTION TO THE FAMILY LIFE, I WOULDN'T BE ABLE TO PUT A TIMELINE ON THAT. SO IF WE'RE TALKING ABOUT THAT, IT WOULD BE MONUMENTAL TO SOME FAMILIES THAT WOULD HAVE THAT GAP. AND AS FAR AS NOTIFICATION, I MEAN, A NOTIFICATION WAS SENT OUT TO THE SURROUNDING PROPERTY OWNERS, RIGHT? MM-HMM. AND WE, WE HAD NO OPPOSITION. WAS THAT YES, SIR. AND WE SPOKE TO QUITE A FEW OF THEM. THAT'S WHY SOME OF THE SIGNATURES WEREN'T, UH, VERY HARD TO GET. MOST OF THE HOMEOWNERS. YOU GOT SIGNATURES? UH, WE GOT SIGNATURES ON ALL OF 'EM. DID YOU PRESENT THAT? UH, ALL OF THE HOMEOWNERS. HE, HE'S TALKING ABOUT, UH, SIGNATURES OF PROPERTY OWNERS PERMISSION TO APPLY BECAUSE NOT ALL, HE'S NOT TALKING ABOUT LIKE APPRO OR, UH, ALL IN FAVOR OF DENIAL. OKAY. BECAUSE THEY'RE PRIVATELY OWNED PROPERTIES NOW? YES. OKAY. BUT NONE OF THE HOMEOWNERS THAT WE HAD TO MAKE THE SIGNATURES ON THE PAPERWORK HAD ANY OBJECTIONS TO THIS BECAUSE IT SUITS FOR THEIR SERVICES AS WELL. OKAY. ANY OTHER QUESTIONS FOR THE APPLICANT? ONE MORE QUESTION. THIS MIGHT BE FOR STAFF. OKAY. UM, AT WHAT POINT DOES, DOES, IS THERE LIKE AN INSPECTION OF THE CONSTRUCTION SITE? LIKE DID Y'ALL, AT ANY POINT, WAS THERE AN INSPECTION WITH THE EIGHT FOOT FENCE THERE? AND BECAUSE I MEAN, IF THERE'S OVER 40 PROPERTIES WITH AN EIGHT FOOT FENCE, I'M JUST LIKE, WHY WASN'T IT FLAGGED? UM, SO WHAT I, THAT'S A QUESTION FOR STAFF. OH, I'M SORRY. STAFF OR THE, OR I'M SORRY. ANY, I MEAN, WHOEVER COULD ANSWER THAT. I BELIEVE I ASSUMED THAT STAFF WAS, I BELIEVE THEY STOPPED YOU IN THE PROCESS, DIDN'T THEY? UM, BUILDING REVIEW? NO, SIR. NO. OKAY. WELL, AT SOME POINT SOMEBODY TOLD THEM THAT IT WAS AN ISSUE AND THAT'S WHY THEY APPLIED FOR THE BOARD OF ADJUSTMENT. I'M NOT SURE WHERE, WHEN EXACTLY THAT HAPPENED. OKAY. BECAUSE IT SOUNDS LIKE IF THEY HAD A COMPLETION OF OVER 40 PROPERTIES AND IT WAS NOT FLAGGED THEN OKAY. IT WAS PREVIOUSLY DONE RIGHT. QUITE A WHILE AGO. THANK YOU. THANK YOU. OKAY, LAST QUESTION. KAPLAN BON, I HAVE A QUESTION. OH, MS. KALET. OKAY, LAST, UM, YES MA'AM. HOW MANY, SO YOU'RE SAYING THIS EIGHTH FENCE REALLY IS A DEMARCATION BETWEEN THE MORE EXPENSIVE AND THE LESS EXPENSIVE PROPERTIES AND A PRIVACY HELP? YES, MA'AM. HOW MANY MORE PROPERTIES WOULD, UH, QUALIFY THEN? SO IF WE GAVE YOU A VARIANCE, IS THAT LIKE THE TOTAL, THIS IS ALL, THIS IS ALL IN TOTALITY FOR THAT UNIT? YES, MA'AM. AND THEN THE NEXT UNIT, WE DON'T ANTICIPATE ANYTHING LIKE THIS, SO OTHERWISE I WOULD APPLY FOR BEFORE. NOW, SINCE THIS HAS HAPPENED, UH, ANY PERMITS ON THE LAST TWO WE'VE APPROVED, THEY'VE ACTUALLY BEEN NOTING THE FENCE SIZE AND THERE HASN'T BEEN A, A FENCE DEVIATION. SO WE HAVE TAKEN THOSE STEPS IN ORDER TO CORRECT WHATEVER WAS MISSED OR RUN. THANK YOU MR. RODRIGUEZ, OF THE, UH, 41 PROPERTIES, HOW MANY ARE OCCUPIED? I WOULD SAY OVER 30. SOMETHING OF THEM. OKAY. WE HAD A HANDFUL LEFT. YES. [00:20:01] THANK YOU. STAFF. DO WE HAVE ANY VOICEMAILS OR PUBLIC COMMENTS TO READ INTO THE PUBLIC RECORD? NO. PUBLIC COMMENT. ALRIGHT. ANY OTHER, UH, CAN ANSWER ANY QUESTIONS? MANANA, MR. MANANA? SO THE STAFF GAVE US NUMBER 41. WAS THAT JUST COUNTING ONE SIDE OF THE FENCE AND NOT BOTH SIDES? THAT WAS COUNTING THE, SO THE PROPERTY THAT'S BEING, UH, REQUESTED IS JUST ONE SIDE? IT'S NOT BOTH. IF YOU LOOK AT THE NOTIFICATION MAP, THIS IS NOT, IT'S, IT'S ONLY THE, IT'S ONLY ONE SIDE, PROPERTY SIDE. THE BOUNDARY, ONE SIDE OF THE PROPERTY, IT'S NOT BOTH SIDES. SO IT WOULDN'T BE DOUBLED. DEAN, WHY WOULDN'T IT BE DOUBLED? I MEAN, THEY SHARE, IT'S A SHARED PROPERTY LINE. IT'S BOTH DOUBLE, RIGHT? CAN'T, YOU'RE DOING DOUBLE, ESSENTIALLY WE'D BE DOING DOUBLE THE WORK. HOWEVER, EITHER ONE SIDE CAN APPLY OR THE OTHER SIDE CAN'T APPLY. BOTH SIDES DO NOT HAVE TO APPLY. IN THIS CASE, ONLY ONE SIDE APPLIED, WHICH IS WHY WE ALSO GOT THE WRITTEN PERMISSION. GOT IT. ALRIGHTY. ANY OTHER QUESTIONS? YEAH, FOR QUESTIONS, THE STAFF, A STAFF, YOU STATED THAT WITH THAT, UH, THE HOMEOWNERS THAT ARE THERE ALREADY. OKAY. THAT, UH, THEY WOULD HAVE TO BE, UH, IN REGARDED AS, UH, NOT BEING ON THE FENCE, THE PROPERTIES THAT THEY HAVE ALREADY. WHAT I'M, WHAT I'M, UH, GETTING INTO THIS HERE, IF YOU KNOW THE FENCE IS ALREADY BUILT FOR WHAT IS GOING TO HAPPEN THERE, THEN YOU'RE GOING TO HAVE 30, 40 AND EVEN THE, THE NEW HOMES THAT ARE SOLD IN THAT AREA COMING AS INDIVIDUALS TO THIS, TO THE BOARD OF ADJUSTMENTS, IT IS POSSIBLE THAT THEY COULD DO THAT? YES. YES, SIR. MM-HMM. . OKAY. BECAUSE ONCE YOU DENY IT, YOU KNOW DARN WELL THEY'LL PROBABLY BE COMING HERE INDIVIDUALLY TO FILE. OH, THEY, THEY WOULD HAVE TO WAIT ONE YEAR. AND THAT'S WHY WE MADE SURE WE HAD ALL THE PROPERTY OWNERS' SIGNATURE FOR THIS APPLICATION. OH, GREAT. THANK YOU. THANK YOU. ALRIGHTY, ANY OTHER QUESTIONS FOR ANY QUESTIONS FOR THE A, FOR THE STAFF OR APPLICANT? OKAY. HEARING NONE, I'D ASK THE APPLICANT TO PLEASE. YOU'VE HEARD MR. UH, MR. YOU'VE HEARD THE COMMENTS AND SUCH FROM THE BOARD. WOULD YOU LIKE TO HAVE ANY FINAL, UH, COMMENTS OR REBUTTAL OR JUST FINAL COMMENTS BEFORE WE CLOSE THE PUBLIC PORTION? NO, I THINK THE SIGNATURES FROM THE HOMEOWNER IS WHAT THEIR INTENTION OF KNOWING THAT WE'RE COMING IN FRONT OF YOU TO ASK FOR PERMISSION FOR THE EIGHT FOOT FENCE THAT THEY'VE BEEN LIVING WITH ON BOTH SIDES IS GOOD ENOUGH. THANK YOU, SIR. THANK YOU. ALRIGHT. AT THIS POINT, IT CLOSES THE PUBLIC PORTION AND I'D ASK A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION. ANY MOTIONS, MS. CRUZ? OKAY. REGARDING CASE NUMBER BO 8 23 1 0 3 0 0 2 2 3, I MOVE THAT THE BOARD OF ADJUSTMENT GRANTOR REQUEST FOR A TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT FENCE HEIGHT AS DESCRIBED IN SECTION 35 5 14 TO ALLOW AN EIGHT FOOT FENCE ON REAR MULTIPLE LOTS SITUATED AT, UH, 1 0 0 0 3 2 1 0 1 4 3. HAROLD, NO. AND 1 0 2, I'M SORRY, 1 0 1 0 2, 1 0 2, 1 0 3 3 0 1 0 3 6 2 MARINA WAY, APPLICANT BEING HIGHLAND HOLES, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WILL RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE U D C STATES, THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR FENCE HEIGHT. SORRY, MY COMPUTER JUST DIED ON ME. OKAY. AND I DON'T KNOW WHAT I DID WRONG. I'M SORRY. UM, B, THE PUBLIC WELFARE AND CONVENIENCE WOULD BE SUBSTANTIALLY SERVED IN THIS CASE. THIS CRITERIA ARE PRESENTED BY FENCE HEIGHTS TO PROTECT PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY. THE FENCE STILL SERVES THE PUBLIC WELFARE AND CONVENIENCE. C, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE FENCE WILL CREATE ENHANCED SECURITY AND PRIVACY RECEIPT FOR THE SUBJECT AND ADJACENT PROPERTIES. DEED. A SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE ADDITIONAL HEIGHT AND FENCE OR THE REAR PROPERTY LINE, WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THEY WILL CREATE SECURITY AND PRIVACY FOR THE SUBJECT PROPERTIES. [00:25:01] E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR, OR THE REGULATIONS HEARING ESTABLISHED FOR THE SPECIFIC DISTRICT. THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE USE OF THE SINGLE FAMILY DWELLING AND A MOTION. SECOND, SECOND, SECOND, MS. KAPLAN, MS. CRUZ, WOULD YOU LIKE TO PROVIDE, UM, SOME DIALOGUE ON YOUR MOTION? WELL, I UNDERSTAND WHAT THEY DID, BUT I JUST CAN'T SEE THAT IT WOULD STILL BE WORTH THE EFFORT OF KEEPING IT ON THERE. UM, AND I'M SORRY TO SAY, I'M GONNA HAVE TO VOTE NO ON THIS. THANK YOU, MS. KAPLAN. YEAH, WE, WE GENERALLY GIVE EXCEPTIONS TO THE FENCE HEIGHTS IF THERE'S A POOL, IF THERE'S, UM, ELEVATION ISSUES OR THERE'S SOME OTHER THING THAT, UH, IS A REAL EXCEPTION. BUT TO SAY FOR EXCLUSIVE EXCLUSIVITY OF A NEIGHBORHOOD, UH, THAT'S NOT GENERALLY ONE OF THE REASONS THAT WE GIVE A VARIANCE. SO I'M AGAINST IT TOO. MANA, MR. MANA. UM, I'M GONNA AGREE WITH MY COLLEAGUES AND, YOU KNOW, AS YOU KNOW, USING IT AS A DESIGN STANDARD, UH, WHEN IT IS THAT WE HAVE A SIX FOOT, UH, HEIGHT IN U D C, UM, I CAN'T SUPPORT THIS. SO, SO I DON'T THINK WE SHOULD BE ACCEPTING, UM, UM, YOU KNOW, CHANGES ON THE FLY OF DESIGN STANDARDS IN GENERAL. ANY OTHER DISCUSSION FROM THE BOARD? YES. WELL, UH, FIRST MS. PICASSO AND THEN MR. VASQUEZ. THANK YOU. UM, I AGREE. I THINK THAT, UH, WITH MY COLLEAGUES HERE HAVING AN EIGHT FOOT FENCE FOR NOTHING MORE THAN BECAUSE THEY'RE, IT'S SUPPOSED TO BE A HIGHER, UH, COST POINT, IS, I, I JUST CAN'T SEE THE POINT IN THAT, UM, ESPECIALLY IF THE NEIGHBORHOOD IS TO BE UNIFORMED. UM, I'M, I'M NOT A FAN OF, UH, CREATING ELITISM WITHIN THE NEIGHBORHOOD. UH, MY ONLY CONCERN IS THAT THERE WERE OVER 40 UNITS WHERE THIS WAS DONE BEFORE THIS BECAME FLAGGED AND BROUGHT TO OUR ATTENTION, WHICH IS THE ONLY CONCERN THAT I HAVE, THAT THIS SHOULD HAVE BEEN SOMETHING THAT WAS, THAT WAS STOPPED BEFORE IT GOT TO SO MANY UNITS. OKAY, MR. VASQUEZ? YES. DID YOU, DID YOU? YEAH. I'M, I'LL BE VOTING FOR IT IN THE FIRST PLACE HERE. IT'S A NEW NEIGHBORHOOD THAT'S GOING UP THAT WAS THERE ALSO SOME, UH, PRIOR HOMES. SO THE THING IS, IS THAT IF WE DENY THIS, YOU KNOW, I MEAN, THE ONLY THING THAT'S GOING TO HAPPEN THAT INDIVIDUAL PERSONS OF, UH, THE HOMEOWNERS WILL BE COMING TO US WITH A CASE THAT THEY WANT THE FENCE UP FOR THE, I I, THERE'LL BE A LOT OF EXCUSES LIKE, HEY, YOU KNOW, I BOUGHT IT THE HOUSE BECAUSE OF THE FENCE, ET CETERA. AND REALLY, IT'S A NEW NEIGHBORHOOD AND IT'S A, THE APPLICANT SAY, HEY, TOPOGRAPHICALLY, IT'S A PRIVACY OF THE HOMEOWNERS THAT WE WANT. AND SAYS, YOU KNOW, THE HOMES ARE IN DIFFERENT CLASSIFICATIONS, YOU KNOW, WILL GO FORWARD. SO I I WOULD BE, YOU KNOW, REMISS IF I DIDN'T VOTE FOR, UH, YES. THANK YOU. THANK YOU MR. ZUNIGA. THANK YOU. ANY OTHER COMMENTS? THE REAL, THE REAL VASQUEZ? YEAH, MR. VASQUEZ. I APOLOGIZE FOR THAT. THANK YOU, SIR. , I'M GONNA BE, UH, VOTING FOR IT. AND THE REASON FOR THAT IS, UH, I AGREE WITH MR. SUNGA, BUT ADDITIONALLY I WANNA RESPECT THE, THE SIGNATURES OF THE 41 OR 40, UH, UH, CURRENT PROPERTY OWNERS. THEY INDICATED THEY HAD NO, UH, DIS UH, UH, PROBLEM, UH, WITH THE EIGHT FOOT FENCE. AND, AND SO I, I WILL BE VOTING FOR IT. THANK YOU, MR. VASQUEZ. ANY OTHER COMMENTS WITH NOT, WITH HEARING NONE? LET'S GO AHEAD AND TAKE A ROLL CALL. VOTE MS. CRUZ. I CONCUR. OH, I'M SORRY. NO, I DO NOT CONCUR. MS. KAPLAN. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MS. PICASSO? NO, DR. BURTON, I DO NOT CONCUR. MR. DEAN. I DO NOT CONCUR. MR. ZUNIGA. I CONCUR. MR. MANA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MS. BENAVIDEZ. I CONCUR. MR. VASQUEZ. I CONCUR. MR. EZ I CONCUR. MR. UNA I CONCUR AS WELL, UH, WITH THE SIX AGAINST. AND I GUESS THAT'S 3 4 5 6 5 4. THE MOTION DOES NOT PASS. PLEASE GET WITH STAFF AND, UH, SEE WHAT YOUR OPTIONS ARE. THANK YOU, SIR. NEXT CASE, PLEASE. [00:30:08] YEAH, YEAH. GOTTA COUNT MYSELF. AND I'M HERE BO. 8 23 1 0 3 0 0 2 0 3. ADDRESS IS 1 2 2 OVER HILL DRIVE COUNSEL DISTRICT SEVEN. APPLICANT IS MARGARITA MUNDO RO. REQUEST FOR A ONE A FOUR FOOT NINE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SET BACK REQUIREMENT TO ALLOW A CARPORT TO BE THREE INCHES FROM THE SIDE PROPERTY LINE. AND TWO, A FOUR FOOT VARIANCE FROM THE MINIMUM 10 FOOT FRONT SET BACK TO ALLOW A CARPORT TO BE SINKS INCHES FROM THE FRONT PROPERTY LINE ZONING IS R FOUR CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED ON, ON A LOT ON OVER HILL DRIVE AND CONTAINS A SINGLE FAMILY DWELLING. GRANTING THE SIDE VARIANCE WILL ALLOW A CARPORT TO BE THREE INCHES FROM THE SIDE PROPERTY LINE. AND GRANTING THE FRONT SIDE VARIANCE WILL ALLOW THE STRUCTURE TO BE SIX FEET FROM THE FRONT PROPERTY LINE. A PERMIT WAS ISSUED ON, ON MAY 8TH, 2023 FOR A CARPORT UPON INSPECTION. IT WAS NOTED THAT THE CARPORT WAS CONSTRUCTED, ENCROACHING INTO THE SIDE AND FRONT SETBACK. THIS IS A SITE PLAN SHOWING ONE AND TWO FOR THE, UM, VARIANCES BEING REQUESTED FOR AND SIDE SUBJECT PROPERTY. YES, THIS IS THE CARPORT, THE SIDE SETBACK AND THE SIDE SETBACK MEASUREMENT, THE FRONT SETBACK MEASUREMENT AND YOUR SURROUNDING AREA. STAFF RECOMMENDATIONS, SITE SETBACK VARIANCE AND FRONT SETBACK STAFF RECOMMENDS DENIAL ON BO O 8 23 1 0 3 0 0 2 0 3. BASED ON THE FOLLOWING FINDINGS, THE CARPORT WILL BE TOO CLOSE TO THE SIDE PROPERTY LINE AND CAUSING POSSIBLE WATER RUNOFF ON THE ADJACENT NEIGHBORING PROPERTIES. THE STRUCTURE WILL NOT SUBSTANTIALLY INJURE ADJACENT PROPERTIES. STAFF RECOMMENDS APPROVAL M B O 8 23 1 0 3 0 0 2 0 3 BASED ON THE FOLLOWING FINDINGS. THE FRONT SETBACK, THERE IS LIMITED AMOUNT OF SPACE AVAILABLE TO COMPLY WITH THE FRONT, BACK AND DEVELOP A CARPORT. THE STRUCTURE WILL NOT SUBSTANTIALLY INJURE AJA ADJACENT PROPERTIES. NOTIFICATION PLAN, MAIL NOTICES, UH, 34 WERE SENT OUT. ZERO IN FAVOR, ZERO IN OPPOSITION. AND UNIVERSITY PARK NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. THANK YOU. LET'S SEE IF WE HAVE ANY QUESTIONS FOR STAFF. WAS THIS BUILT WITH A PERMIT, MR. DEAN? UM, I NEED TO, THERE IS A CARPORT PERMIT ON FILE FROM MAY OF 2023. MAY OF 2023. MANA SIR. MADA. SO THE QUESTION THEN IS, WAS IT NOT BUILT TO, UM, WHAT WAS REQUESTED? UM, SO, SO I ASSUME THAT IT WAS NOT PERMANENT CORRECT. WITH THE CORRECT. ANY OTHER QUESTIONS FOR STAFF? HEARING NONE, I'D ASK THE APPLICANT TO PLEASE COME FORWARD. AND, UH, GOOD AFTERNOON. MY NAME'S MARGARITA . GRACIA, CAN YOU CURVE DOWN THAT MICROPHONE? THERE YOU GO. THANK YOU FOR THE COMMITTEE TO ALLOW ME TO COME AND EXPRESS MYSELF. OKAY. I COME HERE HOPING, UH, TO, TO ASK YOU FOR AN EXCEPTION TO ALLOW MY CARPORT TO BE THE DISTANCE, UH, ONE FEET FROM THE FOOT, FROM ONE FEET FROM THE FENCE INSTEAD OF FIVE. MM-HMM. . WHAT HAPPENED IS THE WAY THE HOUSE, THE PLAN, HOUSE, THE PLANS OF THE HOUSE ARE AND SETTING UP THE, THE CARPORT, IT'S NOT GONNA, IT WOULDN'T ALLOW FOR THE ENTRANCE TO THE OTHER HOUSES. DRIVEWAY. DRIVEWAY. OH, IT WOULDN'T ALLOW THE, IT WOULDN'T ALLOW MY CARS TO GO INTO THE DRIVEWAY. MY OTHER CARS WOULD NOT BE ABLE TO GO INTO THE DRIVEWAY. OKAY. [00:35:01] AND IF YOU ALLOW ME TO KEEP IT LIKE THAT, UH, I'LL PUT GUTTERS SO THAT THE WATER WON'T GO INTO MY NEIGHBOR'S. OKAY. THAT'LL BE ALL. THANK YOU. THANK YOU. LET'S SEE IF WE HAVE ANY QUESTIONS FOR THE APPLICANT. CRUZ. CRUZ. UM, HOW MANY CARS IS SHE ACTUALLY PARKING UNDERNEATH THE CARPORT? RIGHT NOW? WE HAVE THREE. THERE'S ONE FURTHER INTO THE CARPORT, AND THEN THE TWO YOU SEE THERE, MS. KAPLAN. OKAY. HOW FAR FROM THE HOUSE DOES THIS CARPORT? IS THE CARPORT, IN OTHER WORDS, IT'S NOT ADJACENT TO THE HOUSE. HOW MANY FEET FROM THE HOUSE IS IT? CARPORT. OKAY. IT'S NOT ATTACHED. I DON'T REMEMBER THE, THE DISTANCE. BUT IT'S, IT'S NOT ATTACHED. NO, I'M NOT ASKING IF IT'S ATTACHED. I'M ASKING HOW FAR FROM THE HOUSE IS IT? BECAUSE IT LOOKS LIKE THERE'S FIVE FEET OR SO, UH, BETWEEN THE HOUSE. AND WHY, WHY COULDN'T IT HAVE BEEN CLOSER? CARPORT? MM MM-HMM. GRANDE. UH, THIS, THE LENGTH SHOULD BE IN THE PLAN, UH, IN THE, ACCORDING TO THE SITE PLAN, IT'S THREE FEET. OKAY. OKAY. THANK YOU. QUESTIONS FOR THE APPLICANT? I HAVE A QUESTION. THE VARIANCE IS RED IS, IS A THREE INCH, BUT YOU MENTIONED THAT YOU, THE SIDE IS ONE FOOT AWAY. SO IT COULD BE FOUR, UH, FOUR FOOT VARIANCE TO GIVE YOU A FOOT. IS, WOULD THAT WORK? MM-HMM. , YOU SAID, I'M SORRY, CAN YOU REPEAT THE DISTANCES AGAIN? YEAH. SO THE, THE VARIANCE IS A THREE INCH MM-HMM. FROM THE FIVE FOOT SETBACK. BUT YOU MENTIONED THAT IT'S ONE FOOT AWAY FROM THE SIDE. SHE GOES, I DON'T, I'M NOT REAL GOOD WITH THE DISTANCES, WITH THE, THE LENGTHS IT GOES, BUT IT SHOULD BE IN THE PLAN, UH, IN THE SITE PLAN. OKAY. GOTCHA. ANY OTHER QUESTION FOR THE APPLICANT? YES, MR. ZUNIGA. AND THEN MS. PICASSO, YOU STATED THAT, UH, WOULD PUT GUTTERS ON THE SIDE. OKAY. DO YOU HAVE A RENDERING OR A SKETCH ON WHERE THE GUTTERS WOULD BE PUT? WHERE WOULD WOULD, UH, DRAIN TOO WITH DRAIN TOO? I NEED A SKETCH FOR SOMETHING LIKE, 'CAUSE IF YOU JUST PUT GUTTERS THERE AND YOU DON'T DIAGRAM IT, ALL IT, YOU KNOW, AND I'M TALKING YOU. OKAY. UH, WELL, SINCE THE PERMISSION GOT REVOKED, GOT TAKEN AWAY, WE STOPPED ANY, DOING ANYTHING ELSE TO IT. UH, SO ONCE, DEPENDING ON WHAT'S GOING ON OR WHAT'S GONNA HAPPEN HERE, THEN WE CAN CONTINUE. 'CAUSE WE ARE ALSO WANTING TO PAINT IT, UH, WITH, UH, PAINT THAT'S, UH, ANTI, ANTI ANTI FIRE. UH, YEAH. UH, FIRE PREVENTION, FIRE OR A FIREWALL, WHATEVER. UH, RE UH, RETARDATION OF FIRE. ONE HOUR, TWO HOUR. UH, OKAY. BUT THE THING IS THIS EXACTLY WHAT YOU'RE SAYING. YOU STOPPED EVERYTHING WHEN YOU GOT NOTICED OR YOU TO STOP THERE. THIS IS WHY I'M ASKING, DO YOU HAVE A RENDERING? I GUESS IF WE WOULD GIVE YOU TIME, YOU COULD HAVE A RENDERING FROM HOW ARCHITECTURALLY YOU WOULD PUT THE FLOW. YOU WOULD PUT A, A WAVE IN THERE ON YOUR NEIGHBOR'S YARD. ON YOUR YARD. ET THIS IS WHAT WE, I DON'T, I'M NOT LOOKING FOR A RETAINING POND. I'M JUST LOOKING TO SEE THAT. OR I COULDN'T VOTE FOR IT ONE WAY OR ANOTHER. THANK YOU. YOU NEED TIME. SORRY. YES. IF YOU NEED TIME FOR RENDERING WHERE [00:40:01] YOU CAN SPECIFICALLY EXPLAIN TO HER. WE GIVE EVERY TIME, IF, IF THE PANEL SAYS YES, LET'S GET A RESPONSE. I WAS THINKING WHAT I WAS THINKING AFTER TODAY, I'M GONNA CALL THE ENGINEER, UH, THAT'S HELPING ME. SO, AND I'M GONNA ASK HIM, UHHUH , DOES THAT HELP MR. ZIKA? OH, LET'S, NO, I WOULD WANT HER RENDERING. OKAY, MR. CHAIRMAN. OKAY. GOTCHA. UH, MS. PICASSO, LET'S SEE IF, UH, WHAT QUESTION, PLEASE, HOW MUCH WOULD IT COST FOR YOU TO HAVE TO MOVE THIS? I'D LIKE TO UNDERSTAND THE HARDSHIPS OF, OF HAVING TO ADJUST THIS TO ADHERE TO THE, I WOULD, WOULD HAVE NO IDEA. POSSIBLY PAY TWO WORKERS A, A WEEK'S PAY TO HAVE IT REMOVED, BUT I REALLY HAVE NO IDEA. HOW MUCH IS A WEEK'S PAY? POSSIBLY A THOUSAND TO EACH PERSON. ALRIGHT. AND WE'RE TALKING ABOUT TWO VARIANCES HERE. IT'S THE SIDE AND ALSO THE FRAUD. SO, TWO QUESTIONS. FIRST QUESTION IS YOUR HOUSE SITS, DID YOU HAVE AN OPPORTUNITY TO TALK TO YOUR NEIGHBOR ABOUT YOUR CARPORT THAT YOU PUT UP? THE ONE IN THE GREEN HOUSE THERE? HE'S PASSED AWAY. THERE'S NO ONE THERE. UM, SECOND QUESTION IS THE OVERHANG THAT YOU HAVE THERE, FROM THIS PICTURE HERE ON THE SCREEN, LOOKS LIKE IT'S EVEN WITH THE PROPERTY LINE AND THE WAY THAT THE PERMIT IS WRITTEN, IT'S ASKING FOR THREE INCHES WITH REGARDS TO, UH, THE VARIANCE, IF YOU'RE ADDING CARPORT, IS GOING TO REQUIRE THAT YOU SHAVE OFF PART OF YOUR ROOF SO THAT YOU CAN INCLUDE GUTTERS. AND SO, SO YOU KNOW, I THINK LIKELY IT'S GOING TO BE THE CASE THAT YOU'RE GOING TO NEED TO DO SOME CONSTRUCTION HERE, UM, DEPENDING ON HOW, HOW EVERYTHING GETS VOTED TO ACTUALLY ALLOW FOR THE IMPLEMENTATION OF GUTTERS. OKAY. WELL, SOME OF THE INSPECTOR, ONE OF THE INSPECTORS HAD ASKED US TO MAKE THAT SMALLER, THAT OVERHANG TO REDUCE IT. UH, AND WE WENT AHEAD AND REDUCED IT AS WELL. SO IF YOU NEED US TO REDUCE IT SOME MORE, WE CAN DO THAT AS WELL. OKAY. MR. CHAIRMAN AND I HAVE ONE MORE QUESTION FOR THE CITY. SO HOW WAS THIS BROUGHT UP WITH REGARDS TO HOW ARE YOU NOTIFIED WITH REGARDS TO WELL, SHE, SHE EXPLAINED IT ACTUALLY. SHE'S, SHE WAS, THEY WERE STOPPED FROM DOING THE WORK THAT THEY WERE DOING BECAUSE THEY HAD GONE BEYOND THE BOUNDARIES OF THEIR, OF THE SITE PLAN THAT THEY HAD SUBMITTED. BUT WAS IT DURING INSPECTION OR WAS IT THROUGH IT WAS CO I BELIEVE CODE ENFORCEMENT WENT OUT. MM-HMM. ? YEAH, THIS WAS FOR STAFF. UH, THEY SHAVED OFF, UH, THE OVER HAND. WHAT, HOW MANY INCHES WAS SHE OVER? OR HOW MANY INCHES ARE ACCEPTABLE? 16 FROM THE OVERHANG. OH, AFTER THE OVERHANG, YOU HAVE TO HAVE IT AT LEAST THREE FEET. AND DOES SHE HAVE THREE FEET AT THE, SHE DOESN'T HAVE THREE FEET. SHE DOESN'T, NO, SHE HAS THREE INCHES. YEAH, THAT, YEAH, MR. CHAIRMAN, THAT'S WHY I WAS ASKING ON THE GUTTERS AND THE DEFINITIONS ON IT, BECAUSE THEY DON'T EVEN HAVE THE REQUIRED FEET TO THE OVERHANG. UM, SO HOW CAN WE PUT GOODERS IN THERE? I HAVE THAT QUESTION TOO. UM, FOR STAFF, IS THERE A, ISN'T THERE A MINIMUM AMOUNT OF INCHES FROM A PROPERTY LINE TO THE EDGE OF A, UH, UH, OVERHANG? ONE OF THESE OVERHANGS FROM THE EDGE OF A CARPORT? ARE YOU TALKING ABOUT THE SIX INCHES THAT STAFF CAN DO ADMINISTRATIVELY? IS THAT IT? THERE THERE NEEDS TO BE THE MINIMUM THERE. USUALLY WE'RE TALKING ABOUT A MINIMUM AMOUNT OF, SO AFTER THE OVERHANG, YOU HAVE TO HAVE THREE FEET. I COULDN'T HEAR YOU. IS THERE, IS THERE A MINIMUM EVEN WITH A VARIANCE? SO IF YOU'RE GOING INSIDE THAT, IF YOU'RE GOING INSIDE THAT THREE FEET, WHATEVER THE VARIANCE IS BEING APPROVED FOR, THAT'S WHEN THE OVERHANG HAS TO STOP. SO [00:45:01] IF YOU APPROVE HER FOR A SIX, WE COULDN'T, WE COULD, WE COULD BASICALLY YOU'RE SAYING, UH, GIVE A VARIANCE TO THE, TO THE PROPERTY LINE, UH, TO THE ONE INCH LINE. YOU CAN'T DO A CORRECT. OKAY. WELL, I MEAN, IN THIS CASE, YOU CAN ONLY DO TWO, THREE INCHES. THREE INCHES. YEAH. BECAUSE THAT'S WHAT WE ADVERTISE FOR. ALRIGHT. ANY OTHER QUESTIONS FOR THE APPLICANT? FOR STAFF? ONE OF YOUR DISCUSSION FOR STAFF THAT GUTTER WILL, WILL INCLUDE THE, UH, THAT TWO FEET OVERHANG. A GUTTER WOULD INCLUDE THAT, UM, IF YOU APPROVE THE THREE INCHES, YOU MEAN, UM, SO IT'S THREE INCHES RIGHT NOW, SO SHE'S GONNA HAVE TO CUT OFF WHATEVER THE GUTTER IS AND TO PUT IN A GUTTER, SHE WOULD HAVE TO TRIM BACK THAT E PORTION TO INCLUDE THAT GUTTER SECTION. GUTTER WOULD ONLY BE ABLE TO BE THREE INCHES. EVERYTHING THREE, CORRECT? CORRECT. NOW I'D ASK THE BOARD, YOU KNOW, DO YOU WANT US TO BREAK UP THE DIFFERENT MOTIONS? COULD WE DO HAVE STAFF APPROVAL FROM THE FRONT SETBACK? UH, THAT THE SIDE IS THE ONE THAT'S OF DISCUSSION. SHOULD WE BREAK UP THE MOTION? TWO DIFFERENT HEARTS AND TWO MOTIONS. GOOD. OKAY. I GET A, CAN I GET A MOTION THEN? I MAKE A MOTION THAT WE BREAK THIS INTO TWO HEARTS. AND I GET A MOTION THEN FOR THE, FOR THE VARIANCE. MS. MR. MANNA? YES. SO REGARDING CASE NUMBER BO 8 2 3 1 0 3 0 0 2 0 3:00 AM MOVED AT THE BOARD ADJUSTMENT. GRANT, A REQUEST FOR A FOUR FOOT NINE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE, UM, SETBACK TO, OH, I'M SORRY. UM, TWO TO A FOUR FOOT VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A CARPORT TO BE SIX INCHES FROM THE FRONT PROPERTY LINE SITUATED AT 1 2 2 OVER HILL DRIVE. SIX, SIX FEET. SIX FEET, SORRY, SIX FEET. I'M SORRY. SIX FEET . SORRY. IT'S GOT THOSE SINGLE HYPHEN. I'M JUST, I'M COMING BACK FROM VACATION. UM, APPLICANT BEING, UH, MARGARITA ZUO, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. UM, LET'S SEE. UH, THE, THE APPLICANT IS REQUESTING, UH, SIX FOOT FRONT SETBACK, WHICH DOES NOT APPEAR TO BE CONTRARY TO PUBLIC INTEREST AS THERE'S ADEQUATE SPACE REMAINING, UM, ALONG FROM THE FRONT STREET, UH, FOR THE PROPOSED STRUCTURE. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCES WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF FINDS AN UNNECESSARY HARDSHIP FOR THE FRONT, UH, VARIANCE DUE TO THE SIZE OF THE LOT. A CARPORT CANNOT BE BUILT, UH, WITHOUT OBTAINING VARIANCE. THE PRO STRUCTURE WILL HAVE AMPLE SPACE TO EXTEND INTO THE FRONT. THREE. BY GRANTING THE VARIANCE, THE SPARE OF THE ORDINANCE WILL BE OBSERVED AND STANDS SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED VARIANCES TO ALLOW STRUCTURE TO BE CLOSER TO THE FRONT, THE REQUEST WILL OBSERVE THE SPIRIT OF THE ORDINANCE BECAUSE THE PROPOSED STRUCTURE WILL STILL MAINTAIN A REASONABLE DISTANCE BETWEEN THE STRUCTURE AND THE FRONT PROPERTY LINE FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THIS VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY ENTER THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. STAFF DOES NOT FIND THE EVIDENCE THAT THE REQUESTED VARIANCES WOULD ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THERE WILL BE A REMAINING SIX FOOT FROM THE FRONT PROPERTY LINE, THEREFORE, THE REQUEST WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THIS NEIGHBORHOOD. SIX. APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING IN THE PROPERTY. UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY. THEY'RE NOT MERELY FINANCIAL AND NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH IS PROPERTY IS LOCATED. THE FRONT SETBACK VARIS ARE SOUGHT DUE TO UNIQUE CIRCUMSTANCES EXISTING ON A PROPERTY. UH, SUCH PROPOSED ADDITIONS NEEDING MORE SPACE DUE TO THE CONFIGURATION OF THE LOT. THE VARIANCE REQUEST IS NOT MERELY FINANCIAL. SECOND AND OF MOTION. SECOND. MS. KAPLAN, UM, MR. MANOR, WOULD YOU LIKE TO PROVIDE SOME DISCUSSION? UM, YEAH. SO, SO, UM, I, I AGREE WITH THE CITY'S POSITION HERE WITH REGARDS TO, UM, ALLOWING FOR THE FRONT SETBACK. UH, ALSO TAKE A LOOK AT THE REST OF THE NEIGHBORHOOD. THIS IS NOT INCONSISTENT WITH OTHER CARPORTS THAT ARE IN THE NEIGHBORHOOD. AND SO THEREFORE, I WILL BE VOTING IN FAVOR OF THIS MS. KAPLAN. AND I AGREE WITH MR. MANNA. ALRIGHT, ANY OTHER DISCUSSION? UH, I HAVE A QUESTION, MR. CHAIRMAN. UH, COULD WE, UH, AND THIS IS FOR MAYBE FOR STAFF. COULD WE, UH, APPROVE WITH DISAPPROVAL? THIS ONE AND THE SECOND PART? GIVE HER SOME TIME. YEAH, WE COULD, WE'LL DISCUSS THAT AS A, AS . I GIVE HER SOME TIME SO SHE CAN COME BACK BECAUSE IT'S VERY TRICKY. WELL, LET'S, LET'S TAKE THE, LET'S TAKE THE, OKAY. THANK YOU. ON THIS MOTION, AND THEN WE'LL COME BACK AND ADDRESS THE SECOND PART. THANK YOU, MR. CHAIRMAN. LET'S TAKE A ROLL CALL. VOTE PLEASE. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR. MS. PICASSO? YES. MR. DEAN? [00:50:02] I CONCUR. DR. BURTON? I CONCUR. MS. CRUZ? YES, I CONCUR. MR. ZUNIGA. I CONCUR WITH THE FINANCE OF FACT. MS. VE I CONCUR. MR. VASQUEZ? I CONCUR. MR. BONILLA? I CONCUR. MR. OZUNA, I CONCUR WITH 11 IN FAVOR. ZERO AGAINST, UH, THIS PORTION OF THE MOTION DOES PASS. UM, WELL, LET'S ENTERTAIN I GUESS THE SECOND MOTION, WHICH IS GONNA BE THE SIDE STEP BACK. THERE'S A, UH, MOTION, I GUESS THAT MR. VASQUEZ WOULD, I'M SORRY. UH, MR. ZUNIGA WOULD LIKE TO READ FOR A POSSIBLE CONTINUANCE. IS THAT SOMETHING THE BOARD WOULD LIKE TO ENTERTAIN OR WE DO A CONTINUOUS I'LL GO AHEAD AND YOU HAVE TO CONTINUE THE SECOND PART, WHICH IS THE, THE SITE SETBACK, UH, FOR THE NEXT MEETING OR SO WHAT, UH, OPEN MEETING. UH, SO WHAT ARE YOU, WHAT ARE YOU SEEKING WITH THAT? UH, MR. UH, UH, I'M SEEKING A RENDERING. AND, UH, SO, AND, AND REALLY FOR THE STAFF TO ADVISE HER OR THE HOMEOWNER, UH, WHAT SHE NEEDS TO DO CONCERNING THE OVERHEAD. THANK YOU, MR. CHAIRMAN. SO IS A MOTION FOR CONTINUANCE, IS THAT SOMETHING THE BOARD WOULD LIKE TO ENTERTAIN? I WOULD LIKE TO AVOID IT IF WE CAN, IF WE CAN MAKE A DECISION TODAY. I MEAN, I'M WILLING TO CONSIDER IT, BUT I, I'D LIKE TO SEE IF WE CAN MAKE A DECISION TODAY. SO JUST, DO YOU WANT TAKE A VOTE ON THE CONTINUANCE AND SEE IF THERE'S ENOUGH SUPPORT FROM THE BOARD? AND, AND REAL QUICK, IF I CAN ENTERTAIN, UM, IF WHATEVER GUIDANCE THE, THE APPLICANT NEEDS, UM, WHETHER IT'S A DECISION MADE NOW OR LATER, UM, WE CAN 100% ADVISE HER AND WE ADVISE HER ON WHAT THE STANDARD IS PRIOR TO THIS MEETING. SO YOU'D ALREADY ADVISED HER AS WHAT THE STANDARD IS OF THE, THE REQUIRED SETBACK? CORRECT. SO DO WE WANT TO TAKE A QUICK ROLL CALL ON CONTINUANCE TO SEE IF THAT'S SOMETHING THE BOARD WOULD ENTERTAIN? LET'S CALL, CALL FOR VOTE. I'M SORRY, CHAIR. DID WE GET A SECOND ON THAT MOTION? YEAH. A SECOND FOR THE CONTINUANCE. I JUST WANT SOME CLARITY. SO THIS IS TO COME BACK WITH A RENDERING FOR THE, FOR THE GUTTERS. I, I GUESS MR. VASQUEZ, YOU'RE LOOKING FOR A RENDERING OF THE GUT. I'M SORRY, I KEEP YEAH, THE GUTTERS AND ZUNIGA, WHICH WE'LL TAKE IN THE ANG I'LL STOP. OKAY. OKAY. OKAY. SO LET, LET'S TAKE A, I GUESS, DO WE HAVE A SECOND THEN FOR MR. ZUNIGAS CONTINUANCE MOTION? THERE'S NO MOTION. YEAH, I JUST LIKE TO CLARIFY. MAY MAYBE I'M ANTICIPATING DISCUSSIONS THAT WILL OCCUR BETWEEN NOW AND A POTENTIAL LATER MEETING. UH, BUT CONSIDERING THAT WE HAVE TO, IF WE, WE SEEM TO BE SYMPATHETIC TO THE IDEA OF A GUTTER ALONG THE SIDE, WHICH UNFORTUNATELY IS GOING TO ADD MM-HMM. TO THE WIDTH OF THE OVERHANG, AND YOU CAN'T INFRINGE ON THE NEXT DOOR NEIGHBOR'S PROPERTY. WILL IT BE, WOULD IT BE POSSIBLE FOR US TO CONSIDER A VARIANCE INSTEAD OF FOUR FEET, NINE INCHES TO BE FOUR FEET, SIX INCHES, OR SOME OTHER NUMBER OF INCHES? ANYTHING'S ON THE TABLE? AND WE CAN PROVO, WE CAN MAKE AN ADJUSTMENT TO THIS MOTION AS YOU THINK FIT THAT YOU THINK WE'D GET ENOUGH BOARD MEMBERS TO APPROVE. SO EVERYTHING'S ON THE TABLE. WELL, AND IF WE DON'T GET A SECOND FOR THE, FOR THE CONTINUANCE, THEN THAT MOTION DIES AND THEN WE CAN JUST HEAR THE MOTION. SO DO WE HAVE A SECOND FOR MR. UH, ZUNIGAS WITH NO SECOND? THEN THAT MOTION DIES. AND LET'S GO AHEAD AND HEAR THE, UH, DO WE THEN I NEED A, A MOTION FOR THE FIRST PART, WHICH IS A SIDE VARIANCE. I MAKE THE MOTION FOR, UH, B O A 1 0 3 0 0 2 0 3 PART ONE, WHICH IS THE VARIANCE FOR A THREE INCH FROM THE SIDE PROPERTY LINE. OKAY. AND YOU DON'T HAVE TO READ ALL THE FINDINGS OF FACT IF YOU DON'T THINK APPROPRIATE. THEY SHOULD. I'LL JUST WANT WHAT YOU WANT. OKAY. REGARDING CASE BO O A DASH 23 DASH 1 0 3 DASH 0 0 2 0 3, I MOVE THAT THE BOARD OF JUST GRANT A REQUEST FOR A FOUR FOOT NINE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE THREE INCHES FROM THE SIDE PROPERTY LINE. I THINK WE'VE READ EVERYTHING ELSE. YEP. UH, DID YOU, MAYBE YOU JUST WANNA SAY, SAY THE PROPERTY SITUATED AT 1 2 2 OVER HILL DRIVE THE PROPERTY SITUATED AT 1 2 2 OVER HILL DRIVE. SECOND. OKAY. SECOND. UH, LET'S HAVE SOME DISCUSSION. MS. KAPLAN? UH, I THINK THAT WE, YOU KNOW, I THINK THAT SHE SHOULD MOVE IT. I THINK THAT THERE'S ROOM ON THIS PROPERTY TO MOVE THIS AT LEAST A FOOT, UM MM-HMM. FROM THE PROPERTY LINE AND TO PUT IN GUTTERS. AND THAT'S WHAT I WOULD LIKE TO SEE. OKAY. [00:55:01] CAN WE GET A, DOES 70 WANT TO DO A FRIENDLY MOTION THEN TO A FRIENDLY MOTION TO MOVE THE SIDE STEP BACK AS FROM WHAT'S READ AS A MOTION? YES. I WILL MOVE THAT AS A FRIENDLY AMENDMENT. CAN, CAN MR. DEACON, CAN YOU STATE THE, UH, THE AMENDMENT THAT YOU'RE PROPOSING? THE AMENDMENT IS THAT THE, THAT THAT MEASURED DISTANCE INCLUDE ALLOWANCE FOR THE GUTTER? MM-HMM. 12, 12 INCH VARIANCE. AND THE INCLUSION OF GUTTERS. 'CAUSE THE 12 INCHES WOULD ALLOW, OKAY. GET IT GUTTERS. OKAY. DO WE HAVE A, IS THAT, SO THE SECOND FRIENDLY AMENDMENT, IS IT ACCEPTED BY THE SECOND? SO WE'RE, WE'RE LOOKING FOR THREE FOOT NINE INCH VARIANCE WITH GUTTERS. NOT A FOUR FOOT, NINE INCH. NO, IT'S A FOUR FOOT, A FOUR FOOT VARIANT. WELL, THEY'RE LOOKING FOR FOUR FOOT NINE VARIANCE. I'M SUGGESTING A THREE FOOT NINE. AND THE INCLUSION OF GUTTERS. THAT'S WHAT I SAID, A FOOT VARIANCE. OH, FROM THE, OKAY. OKAY. A FOOT FROM, SO QUESTION I HAVE, IS THAT A FOOT? BECAUSE BASICALLY THEY WOULD, SEVERAL POST ISN'T THAT THREE INCHES? DOESN'T, CAN I GET SOME LAYMAN'S TERMS? UH, JUST, SORRY, CLARIFICATION. HOLD ON. HE'S MR. MANNING. THEY'RE, THEY'RE STILL WORKING OUT THE DETAIL OF THE PETITION. SO THE QUESTION THAT I HAVE HERE, I'M LOOKING AT THIS, THE, THE PHOTO THAT WAS PROVIDED HERE, AND, UM, AGAIN, LOOKING AT THE OVERHANG THAT'S CURRENTLY THERE, I DON'T KNOW THAT THEY HAVE A FULL FOOT, UH, BEFORE THEY'RE STARTING TO IMPACT THE POST. AND SO, SO TWO THREE, THE POST IS AT 15 INCHES. 15 INCHES. I'M ASKING FOR A THREE FOOT NINE INCH VARIANCE AND THE INCLUSION OF GUTTERS. WELL, THAT WOULD'VE BEEN THE FRIENDLY AMENDMENT. WOULD THAT'D BE COMING FROM, FROM MR. DEAN? CORRECT. AND THAT'S A THREE FOOT NINE. OKAY. SO THE FRIENDLY AMENDMENT IS A THREE FOOT NINE VARIANCE FROM THE FIVE FOOT IS WHAT THE, WHAT'S ON THE TABLE RIGHT NOW? SO TO SHIFT THE ENTIRE CARPORT? WELL, NO, NO, BECAUSE THE POLE IS OVERHANG 18. YEAH. GOT IT. THE POLE IS 18 INCHES FROM THE SIDE SETBACK. SO IT'LL JUST BE TRIM CUT THE, CUT THE TRIMMING. YEAH. OKAY. ADDING. OKAY. YEAH. MR. CHAIRMAN, SO DO, DO YOU ACCEPT THE, I ACCEPT IT. OKAY. SO MR. UH, ZUNIGA? YEAH. I DON'T LIVE IN THE FANTASY LAND. I, I GO ON REALITY, THE OVERHANG HERE WILL HAVE TO BE ATTACHED AS THE MOTION IS RED. MM-HMM. , IT REALLY DOESN'T MAKE SENSE BECAUSE STILL IT WOULD BE IN VIOLATION EVEN IF THE PET THE ROOF DOWN, ET CETERA. SO REALLY, I MEAN, THE MOTION NEEDS TO BE EXPLAINED THOROUGHLY AND BE UNDERSTOOD THOROUGHLY, NOT ONLY BY THE COMMISSIONERS, BUT THE COMMISSIONERS BRINGING THE MOTION FORWARD. THANK YOU. THANK YOU. COMMISSIONER'S GONNA GO. OKAY. ANY OTHER DISCUSSION REGARDING THE MOTION? I HAVE A, A COMMENT ON THAT. SO IF WE'RE WANTING A FULL FOOT BACK, UM, FOR THE GUTTERS, UM, DO WE NEED THE FULL FOOT? WE CAN DO SIX INCHES AND STILL INSTALL GUTTERS AND BE WITHIN THAT, THAT RANGE. THE FOOT WOULD INCLUDE THE GUTTERS. SO THE THREE INCHES IN GUTTERS, BASICALLY YOU'RE TAKING OFF THAT SIDE. UM, THAT OVER, I'M SORRY. WE ARE BASICALLY ASKING THEM TO TAKE OFF THE SIDE OVERHANG OF WHAT? FOOT AND THEN INCLUDE GUTTERS, BUT TAKING OFF ONE FULL FOOT. YEAH. WELL IT'S AN 18 INCH, I BELIEVE IT'S 18 INCH. 13 OVERHANG. IT'S A 13 INCH, UH, 13 INCH. IT'S A 13 INCH OVERHANG. I'M SORRY, THE OVERHANG IS ONE FOOT, THE OVERHANG IS ONE FOOT? CORRECT. OKAY. SO WE'RE ASKING THEM TO TAKE OUT THAT OVERHANG AND PUT GUTTERS IN. SO THAT'S REALLY NINE INCHES BETWEEN THE GUTTERS AND THE, UM, UH, CARPORT AND THE, UH, SIDE INTO THE PROPERTY. OKAY. THANK YOU MR. WOOD. I THINK I HAVE A STRUCTURAL QUESTION. I DON'T KNOW WHO IT WOULD GO TO. UM, OR IT WOULD BE WITH THE ENGINEER THAT THE, UM, UH, CONSTITUENT WOULD HAVE TO BRING TO US. I'M JUST WONDERING IF WE TOOK OFF THE ENTIRE OVERHANG, WHAT WOULD THAT DO TO THE STRUCTURE OF THE ACTUAL CARPORT AND AS WELL AS THE DRAINING OF LIKE TO ADD, ADD THE GUTTERS AS WELL? LIKE, I JUST, I'M, I'M JUST CONCERNED. I MEAN, ESPECIALLY IF CODE HAD ALREADY GONE OUT THERE AND, AND HAD ASKED HER, REQUESTED HER TO REMOVE SOME OF THE OVERHANG AND SHE DID. I JUST WANNA KNOW HOW MUCH OVERHANG WAS SHE REQUESTED TO REMOVE PRIOR TO HER COMING HERE. AND IF SHE ADDED THE GUTTERS, HOW MUCH MORE WOULD SHE HAVE TO LIKE, I, I'M JUST, MY CONCERN IS STRUCTURAL DESIGN AT THIS POINT. SHE'D HAVE TO MEET, UH, BUILDING, RIGHT? SHE'S GONNA HAVE TO MEET ALL THE BUILDING CODE REQUIREMENTS. SO ANY ALTERATION TO IT IS GOING TO HAVE TO GET REVIEWED AND, UM, AND INSPECTED TO BE SURE THAT IT'S STRUCTURALLY SAFE. ALRIGHT. WILL THAT, ANY OTHER QUESTIONS FOR YES. FOR STAFF? OKAY. GO AHEAD, MR. ZUNIGA. UH, HOW UH, WIDE WOULD THE CUTTERS BE IF THE MOTION GOES THROUGH? THEY'RE GENERALLY NOT THAT WIDE. [01:00:01] THEY'RE ANYWHERE FROM TWO TO THREE INCHES. YEAH. MM-HMM. . SO, OKAY. THANK YOU MR. JU. THERE YOU GO. THANK YOU, MR. CHAIRMAN. LET'S GO AHEAD AND THAT CLOSES THE PUBLIC AND, AND, UH, PORTION. AND LET'S GO AHEAD AND CALL, ROLL CALL. VOTE FOR THE, UH, SECOND PART OF THIS VARIANCE. MS. KAPLAN? I CONCUR WITH THE FINDINGS OF FACT AS AMENDED FOR MS. PICASSO. YES. DR. BURTON? YES. MR. DEAN. I CONCUR. MS. CRUZ, I CONCUR. MR. ZUNIGA. I DO NOT CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. BENAVIDEZ. I CONCUR. MR. VASQUEZ. I CONCUR. MR. EZ I CONCUR. MR. UNA, I CONCUR WITH 10 IN FAVOR. ONE AGAINST THE MOTION. DOES PASS. UH, GOOD LUCK WITH THE PROJECT. PLEASE GET WITH STAFF. 'CAUSE THERE WAS SOME CHANGES THAT WERE MADE TO THE SIDE SETBACK THAT YOU'LL HAVE TO COMPLY WITH. THANK YOU. NEXT CASE PLEASE. THANK YOU. THANK YOU. ITEM NUMBER, ITEM NUMBER THREE IS BO O A DASH 23 DASH 0 3 0 0 2 4. ADDRESS IS 8 9 4 2 PORTSIDE STREET IN CITY COUNCIL DISTRICT FOUR. THE APPLICANT IS REYES GALLEGOS AND THE REQUEST IS FOR A VARIANCE OR ONE A VARIANCE TO ALLOW A CORRUGATED METAL FENCE IN THE FRONT SIDE AND REAR YARDS. TWO, A THREE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT FRONT FENCE HEIGHT REQUIREMENT TO ALLOW A SIX FOOT SOLID SCREEN FENCE IN THE FRONT YARD. THREE. A TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT FENCE HEIGHT REQUIREMENT TO ALLOW AN EIGHT FOOT SOLID SCREEN FENCE IN THE SIDE AND REAR YARD. FOUR. A FOUR FOOT, 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE ONE INCH FROM THE SIDE PROPERTY LINE. FIVE, A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE ONE INCH FROM THE FRONT PROPERTY LINE. AND SIX, A 10 FOOT SIX INCH VARIANCE FROM THE MINIMUM 15 FOOT DRIVEWAY. CLEAR VISION TO ALLOW A FOUR FOOT SIX INCH CLEAR VISION ON TWO DRIVEWAYS, AND THE CURRENT ZONING IS R SIX. THE SUBJECT PROPERTY IS LOCATED ALONG PORT SIDE DRIVE CITED BY CODE ENFORCEMENT. THE APPLICANT CONSTRUCTED FENCES WITHIN THE FRONT SIDE AND REAR YARDS USING A PROHIBITED FENCING MATERIAL, CORRUGATED METAL. THE HEIGHT OF THE FENCES VARY WITH THE MAX HEIGHT WITHIN THE FRONT YARD, MEASURING AT SIX FEET AND EIGHT FEET IN THE SIDE. AND REAR YARDS FENCES IN SAN ANTONIO ARE PERMITTED A MAX OF THREE FEET WITHIN THE FRONT YARD AND SIX FEET IN THE SIDE AND REAR YARDS. UPON SITE VISITS CONDUCTED BY STAFF. IT WAS DOCUMENTED THAT THE APPLICANT CONSTRUCTED A CARPORT WITHOUT OBTAINING PERMITS. THAT IS LOCATED WITHIN THE SIDE SETBACK AND FRONT RIGHT OF WAY. UH, THE CARPORT MEASURED TO BE ONE INCH FROM THE SIDE PROPERTY LINE, AND IF APPROVED, THE APPLICANT WOULD NEED TO ALTER THE CARPORT TO BE ONE INCH FROM THE FRONT PROPERTY LINE WITHIN THEIR PROPERTY. AND THIS IS THE SITE PLAN. UM, THE TRANSPARENT RED ON THE SITE PLAN THAT IS NOT, UM, THEIR PROPERTY, SO Y'ALL WOULD ONLY BE ABLE TO GRANT WHAT'S WITHIN THEIR PROPERTY. AND THIS IS THE, THE SUBJECT PROPERTY. AND THIS IS THE VIEW OF THE FENCES IN THE FRONT AND SIDE YARD. AND THIS IS AN ALTERNATE VIEW. AND THEN THIS IS ALSO THE DRIVEWAY CLEAR VISION AND THE CARPORT SIDE SETBACK SEEN FURTHER, DEEPER INTO THE PROPERTY. UH, AND THIS IS THE CARPORT FRONT. SETBACK AND OVERHANG. THIS IS THE PORTION THAT'S WITHIN THAT RIGHT OF WAY. AND THIS IS THE SURROUNDING AREA. A STAFF RECOMMENDATION FOR THE CORRUGATED METAL SIDE AND FRONT SETBACK AND CLEAR VISION VARIANCES, UH, STAFF RECOMMENDS A DENIAL AND BO O A DASH 23 DASH 1 0 3 0 0 2 14 BASED ON THE FOLLOWING. ONE. CORRUGATED METAL IS A PROHIBITED FENCING MATERIAL OR IS PROHIBITED AS A FENCING MATERIAL TO ENSURE SAFETY. UH, TWO, THE CARPORT AT ITS CURRENT DISTANCE MAY HARM THE ADJACENT PROPERTY OWNERS AS WATER RUNOFF COULD POTENTIALLY IMPACT THEIR PROPERTY. AND THREE, THE CURRENT CLEAR VISION DISTANCE IS UNSAFE FOR VEHICLES TRAVELING AND LEAVING THE SUBJECT PROPERTY STAFF RECOMMENDATION FOR THE FENCE HEIGHT. SPECIAL EXCEPTION STAFF RECOMMENDS A DENIAL IN BO O A DASH 23 DASH 1 0 3 0 0 2 4. BASED ON THE FOLLOWING, THE PROPOSED SIX AND EIGHT FOOT SOLID SCREEN FENCES WILL SUBSTANTIALLY INJURE NEIGHBORING CONFORMING PROPERTIES AS NO OTHER FENCES IN THE, IN THE IMMEDIATE AREAS SEEM TO EXCEED THE HEIGHT REQUIREMENT. AND THIS IS THE NOTIFICATION PLAN. STAFF OW 18 NOTICES, UH, TO RETURN IN FAVOR, ZERO IN OPPOSITION. AND THE SUBJECT PROPERTY IS NOT LOCATED WITHIN THE BOUNDARIES OF A REGISTERED NEIGHBORHOOD ASSOCIATION. AND THESE ARE [01:05:01] THE TWO PUBLIC COMMENTS THAT I RECEIVED FROM THE SURROUNDING PROPERTY OWNERS. AND THAT CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. THANK YOU. LET'S SEE IF WE, WE HAVE ANY QUESTIONS FOR STAFF MANNA. MR. MANNA? SO, UH, YOU SHOWED A PICTURE AND, UM, IT SAID THAT THERE WAS AN AREA THAT WE WERE NOT TO CONSIDER MM-HMM. , IS IT THAT THAT FENCE IS ALSO ELEVATED IN THAT HEIGHT INTO BACK SECTION AS WELL, CORRECT? YES, SIR. AND SOMEONE ELSE OWNS THAT PROPERTY, I GUESS, AND EITHER THEY'RE COMING FORWARD OR THEY'RE REMOVED FENCE. SO GO BACK TO THE SITE PLAN BASIN, IF YOU DON'T MIND. TWO 14. YEAH. UH, I WAS TRYING TO GET IT BACK. YEAH. SO THE PORTION IN THE REAR IN THE RED, THAT'S OWNED BY A DIFFERENT PROPERTY OWNER AND THE SMALL, UH, RED SLIVER TOWARDS THE FRONT, THAT IS THE RIGHT OF WAY. AND THEN SECOND QUESTION THAT I HAD WAS, UM, YOU PROVIDED, UM, UM, INPUT FROM A RESIDENT OR SOMEWHERE, UM, COULD THAT BE TRANSLATED FOR US? SO THAT MY, I DON'T MESS MY SPANISH UP. ? UH, YES. WHILE YOU'RE WORKING ON THAT, HOW WAS THIS CASE, UH, ORIGINATED? UH, IT WAS A CODE CASE. I'M IN FAVOR. JUST, WOULD YOU LIKE ME TO TRANSLATE WHAT'S, OKAY. UH, NAME MARIA HERNANDEZ. PHONE TWO TEN TWO ONE FOUR. 1 1 2 3. DIRECTION. 59 11 BO BPR, SAN ANTONIO, TEXAS 7 8 2 4 2. UH, COMMENTS? I'M IN FAVOR. OKAY. I'M IN FAVOR OF THEM TO REMOVE IT BECAUSE IT LOOKS UGLY. THE MATERIAL? NO, IT'S OH. OH, OKAY. I THOUGHT IT WAS HIM. I'M SORRY. OKAY. UM, CAN I READ THIS IN SPANISH FOR MY BRAIN WORKS? I'M SORRY. YES. OKAY. I'M IN FAVOR FOR THEM TO REMOVE IT BECAUSE IT LOOKS UGLY. UH, THE MATERIAL LOOKS UGLY. UH, OKAY. AND I DON'T BELIEVE IT'S ADEQUATE, UH, FOR FENCES. IT'S, UH, EXTREMELY TALL. UM, AND IT'S TOO MUCH. IT DOESN'T BOTHER ME. BUT IF I WAS, IF I WERE MY NEIGHBOR, UH, IF I WOULD, IF I WOULD BE THE NEIGHBOR TO THE SIDE, UH, I WOULD ALSO WANT THEM TO TAKE IT OFF. THANK YOU. THANK YOU, . THANK YOU. THIS IS, WE HAVE THIS ONE IN FAVOR, RIGHT? IS THIS, SO THIS IS IN OPPOSITION. IN OPPOSITION, EVEN THOUGH THEY, THEY CIRCLE FAVOR, RIGHT? BUT ON THE, ON THE MAP, IS IT SHOWN THEY'RE IN FAVOR OF TAKING IT IS SHOWN AS FAVOR. THEY'RE IN FAVOR OF TAKING IT OFF. YEAH. IN FAVOR OF TAKING IT OFF . GOTCHA. ALL RIGHTY. THAT, THAT'S THE ONLY PUBLIC PORTION OF CORRECT. ALRIGHT. SO AT THIS POINT, LET'S ASK THE APPLICANT TO PLEASE COME FORWARD AND LET'S HEAR YOUR PRESENTATION. GOOD AFTERNOON. OH, WELL, PLEASE, UH, LET'S HEAR YOUR PRESENTATION AS TO WHY, UH, YOU'RE SEEKING THE VARIANCE HERE. SIR, CAN YOU REPEAT THAT HEARING LOSS? YES. SO WE'RE READY TO HEAR YOUR PRESENTATION AS TO WHY YOU'RE SEEKING THESE VARIANCES AND WHY, UH, YOU WOULD WANT THE BOARD HERE TO, UH, VOTE IN SUPPORT OF YOUR VARIANCES. YES, SIR. I'VE BEEN AT THIS HOME SINCE 1997. I GREW UP IN SKY HARBOR AT 16 YEARS OLD. I'M 61 YEARS OLD RIGHT NOW. I'VE BEEN IN THE MILITARY. I BOUGHT THIS HOME IN 97. I SPOKE TO MR. RODRIGUEZ, WHO OWNED THE PROPERTY BEHIND MY HOME. HE WAS THE POWER OF ATTORNEY FOR HIS DAUGHTER. HE WAS AN OLDER GENTLEMAN AT THE TIME. I WAS ABOUT 35, 36 YEARS OLD. WHEN I MET HIM. I SAID, MR. RODRIGUEZ, I'D LIKE THE PROPERTY BACK THERE, SIR. HE SAID, YES, UH, REYES, LET'S TALK ABOUT IT. I WANT 77. BY 78. HE SAID, RAY, TAKE IT. YOU CAN HAVE IT. MY DAUGHTER [01:10:01] SOLD THIS PORTION OF THE LAND FOR THE HOUSES THEY BUILT FOR THE FIRST TIME HOME BUYERS. TAKE THIS SIDE IF YOU WANT IT. I SAID, SIR, I JUST WANT 77 BY 78. HE SAID, TAKE IT. SO I DID. THE PROBLEM WAS THERE WAS NOTHING DOCUMENTED. OKAY. SO WE'RE TALKING ABOUT THE FENCES, RIGHT? THAT'S WHAT'S, WELL, ACTUALLY, YES, SIR. I'M ABOUT TO GET TO THAT. OKAY. WHEN HE GAVE ME THE GREEN LIGHT TO TAKE THAT PROPERTY, I STARTED TO CLEAN IT. I STARTED TO FENCING UP, PUT A FENCE AROUND IT IN 97. DURING THE TIME I WAS DOING THAT AGENDA, CO COMPLIANCE, THEY COME UP TO ME. IT WAS A YOUNG FEMALE, SHE DIDN'T QUESTION ME ABOUT THE PROPERTY. SHE WAS WALKING THROUGH THE AREA AND SHE SAID, HEY, IT LOOKS GOOD. I SAID, MA'AM, LOOK, IT WAS GIVEN TO ME BY MR. RODRIGUEZ. SHE SAID, SIR, IT'S BETWEEN YOU AND HIM. YOU HAVE A GOOD DAY. THAT WAS BACK IN 97. SO I PUT A FENCE UP IN 1997 UP TO THIS VERY DAY. THE OWNERS, I BELIEVE THERE'S FIVE NOW, HAVE BEEN VERY SILENT ABOUT IT. UM, I HAVE NEVER HAD NO PROBLEMS. SO THE FENCE HAS BEEN UP SINCE 1997. WE'RE TALKING ABOUT THE CORRUGATED FENCE. ACTUALLY, SIR, I HAD A WOODEN FENCE AT THE TIME. THIS FENCE NOW IS ABOUT FOUR YEARS OLD. I'LL PUT IT UP FOUR YEARS AGO. ALL THE WAY AROUND THE HOUSE. AND THERE'S A REASON FOR THAT. AND DID YOU HAVE A PERMIT WHEN YOU PUT THAT FENCE UP AROUND THE HOUSE? SO MY COUSIN, HE'S A FENCE BUILDER. HE BUILT THAT FENCE FOR ME. SO I PAID HIM OUT OF POCKET. NOW, THE REASON THAT THE FIELD, THE PROPERTY HAS BEEN FENCED IN, WE HAVE HAD YOUNG PEOPLE GOING BACK THERE DOING DRUGS, HAVING SEX. WE HAVE HAD, UH, WILD HOGS, WE HAVE HAD RATTLESNAKES, WHICH I HAVE KILLED ABOUT 200 SINCE 1997. UP TO THE PRESENT TIME, WE HAVE HAD DEERS, TRESPASSERS AND FIRES. BUT PUTTING THE FENCE AROUND THE PROPERTY, I'M ABLE TO CONTAIN THE FIRE. I HAVE A 200 FOOT WATER HOLES, THEN I CAN EXTRACT OUT AND USE AGAINST THE FIRES. IF NOT ALL THESE HOUSES WERE BURNED ONE DAY. UM, I'VE BEEN PAYING TAXES ON THIS PROPERTY. I DO HAVE THE PAPERWORK RIGHT HERE TO PROVE THAT. THERE'S NO QUESTION ABOUT THAT. OKAY. WE WANNA STICK TO THE VARIANCES IN FRONT OF US, WHICH IS THE MATERIAL, THE CORRUGATED MATERIAL, WHICH IS NOT ALLOWED WITHIN THE CITY CODE. UH, WE'RE TALKING ABOUT THE HEIGHT REQUIREMENTS, UH, THE CLEAR VISION REQUIREMENTS AND THE, UM, YEAH. SO THAT'S WHAT I WANT TO SPEAK, SPEAK TO YOUR COMMENTS ON. OKAY. WE'RE, WE'RE SEEK. YES, SIR. I DO HAVE THE MIDDLE AROUND THE HOUSE. IT'S FOR PROTECTION FOR OUR GRANDCHILDREN, MYSELF AND MY BETTER HALF, UH, BAILEY HAS ALMOST BEEN ABDUCTED BY CHECKING THE MAILBOX WHILE I USED TO WORK. SHE WAS ALMOST ABDUCTED BY A PERSON IN BROAD DAYLIGHT. UH, WE HAVE PIT BULLS ALL OVER THE STREET. BAILEY HAS ALMOST BEEN BIG BY A PIT BULL. SO HAVE I QUITE A FEW TIMES. THESE DOGS ARE LIKE OUTTA CONTROL AND THE FENCE STOPS THEM FROM COMING INTO OUR PROPERTY. THE RIGHT SIDE OF THE PROPERTY, ALONG WITH THE LEFT SIDE OF THE PROPERTY, HAVE BEEN HIT AND DAMAGED BY DRUNK DRIVERS IN THE PAST. UNDERSTOOD. DO YOU HAVE AN EXHIBIT HERE THAT YOU'RE TRYING TO SHOW, UH, UH, THE PICTURES? YES, SIR. I DO. DO YOU WANNA MAKE THAT? AND THEN WE CAN GO INTO, UH, SURE. EVIDENCE THAT THE, UH, BOARD MAY HAVE FOR YOU. IT INDICATES SEVERAL AREAS OF THE PROPERTY. NO, YOU SEE, SIR, A COUPLE YEARS AGO, WE HAD A LITTLE GIRL THAT WAS ABDUCTED SANDOVAL FROM SKY HARBOR SUBDIVISION, AND THEY FOUND HER BODY YEARS LATER. THAT'S MY BIGGEST CONCERN. SAFETY FROM HER AND OUR GRANDCHILDREN HAS TURNED OUT TO BE A CRAZY NEIGHBORHOOD OVER THE LAST 15, 20, 25 YEARS NOW. BUT I WILL NOT SELL MY HOME. OKAY. LET'S SEE IF WE HAVE ANY, DO WE HAVE ANY QUESTIONS FOR THE APPLICANT? , UH, SIR, I KNOW YOU, YOU'RE SAID THAT THERE'S BEEN A LOT OF, YOU KNOW, CRIMES IN THE AREA AND, [01:15:01] AND OTHER THINGS WITH PIT BULLS AND, AND PROTECTION LIKE THAT. DO YOU HAVE ANY REPORTS FROM ANIMAL CARE SERVICES FOR THESE PIT BULL ATTACKS? AND DO YOU HAVE ANY POLICE REPORTS FROM ANY OF THE INCIDENCES? YES, SIR. I HAVE REPORTED THIS TO 3 1 1. I HAVE SPOKEN TO THE POLICE OFFICERS IN THE PAST AND HAVE COME CLOSE TO SHOOTING THESE DOGS. UH, LAST WEEK ON THE WEDNESDAY, I DID WITNESS A MAN BEING ATTACKED BY A DOG BEFORE I COULD PUT ON A STICK OR GET MY WEAPON. HE WAS ABLE TO JUMP ON TOP OF A TRUCK AND ESCAPE THE, THE ATTACK. GOTCHA. SO I GUESS MY, MY QUESTION WAS, DO YOU HAVE ANY OF THESE REPORTS WITH YOU? DID YOU BRING ANY OF THOSE REPORTS WITH YOU TODAY FOR THIS? NO, SIR, I DID NOT. BUT, BUT BUDDY IS AWARE OF WHAT I'M TALKING ABOUT. THE PIT BOWLS, SIR. OKAY. THANK YOU, MR. . ANY OTHER QUESTIONS? MR. MANNA? MANNA. SO, SO A COUPLE QUESTIONS. SO, SO ONE OF THE REASONS THAT WE, UM, I GUESS ARE CONCERNED WITH REGARDS TO CORRUGATED METAL IS THAT, UM, IT, IT KEEPS A SHARP EDGE ON THE TOP. AND, AND I NOTICED HERE THAT IT APPEARS THAT THERE IS NO CAP ON THE TOP OF THE FENCE. AND SO PREVENTS, ESSENTIALLY PRESENTS A SHARP EDGE ON THE BACK AND SIDES OF, OF THE FENCING ITSELF. UM, SO, SO I GUESS WHY IS IT THAT YOU NEED EIGHT FOOT SOLID FENCE? UM, WOULD BE ONE QUESTION. AND THEN, UM, WHAT, WHAT IS IT? WHY WOULDN'T A, UM, CHAIN LINK OR, OR WOODEN FENCE SUFFICE, SIR? WE DID HAVE THE WOODEN FENCE. IT WAS ALREADY BEFORE I MOVED IN. IT WAS EXACTLY 12 FEET HIGH. I DID NOT PUT IT ON THERE. MR. GRIFFIN DID THE ORIGINAL OWNER. THROUGHOUT THE YEARS, THE WIND STARTED SHIFTING IT, IT STARTED TO CRACK. SO WE HAD TO TAKE IT DOWN. NOW ON THE SIDE OF THE HOUSE, I BELIEVE IT'S SEVEN FEET. I CAN'T PUT A CAP ON IT TO MAKE IT SAFER ON THE SIDE OF THE HOUSE, THE LAND DROPS LIKE THIS, SIR. IT'S LIKE A, IT'S LIKE AN INCLINE. THAT'S THE TERRAIN OF THE PROPERTY. BUT I CAN'T PUT A CAP ON IT. ONLY ON THIS SIDE. 'CAUSE THE OTHER SIDE IS OKAY, IT'S SECURE. THE BACKYARD DOES HAVE A CAP ON IT. YEAH, I'M TRYING TO LOOK AT, I'M LOOKING AT OLDER PICTURES. I, AND I SEE A SIX FOOT FENCE, WOODEN FENCE, BUT I DON'T SEE A, YOU KNOW, I GUESS A, A 12 FOOT FENCE THERE IN THE, YOU KNOW, I'M BACK IN 2016, SO I'M NOT QUITE SURE WHAT YEAR WAS IT AT A HIGHER FENCE? I DON'T UNDERSTAND THAT. I MOVED IN, IN 1997. YOU SHOULD BE ABLE TO SEE THE FENCE IN THE BACKYARD ON THE SIDE OF THE HOUSE THAT ARE 12 FEET HIGH. BUT THROUGHOUT THE YEARS IT STARTED SHIFTING. IT STARTED LEANING TOWARDS MY NEIGHBOR'S SIDE. OKAY. THANK YOU. THANK YOU, MR. MATTA. ANY OTHER QUESTIONS FOR THE EVIDENCE? MS. CRUZ? YES. NO. MS. CRUZ? YES. UM, AND MAYBE I'M CONFUSED, BUT YOU SAID YOU'VE HAD THIS FENCE UP FOR FOUR YEARS NOW. YES. YES MA'AM. SO, AND MAYBE THIS SHOULD GO TO STAFF. WHY IS IT NOW THAT IT'S BEING BROUGHT UP TO US? I'M SORRY, CAN YOU REPEAT THAT? WHEN A KODA COMPLIANCE SIDE OF THEM FOR IT JUST NOW OR JUST RECENTLY? YES. PRETTY MUCH WHEN THEY WERE OBSERVED BY CO COMPLIANCE, WHENEVER THEY MADE THEIR ROUNDS IN THAT AREA. OKAY. SO, OKAY. THAT, THAT'S STILL BIG QUESTION. ALL RIGHT. THANK YOU, MA'AM. CAN I RESPOND TO THAT? IF I MAY? GO AHEAD, SIR. DURING THIS TIME, I SPOKE TO MY NEIGHBOR, 89, 38, ABOUT A TREE THAT WAS ABOUT TO FALL AT MY HOUSE. I ASKED MY NEIGHBOR TO CUT IT DOWN. HE SAID, OKAY. TWO MONTHS WENT BY TO NO AVAIL. I ASKED HIM AGAIN TO NO AVAIL. I CALLED 3 1 1. THEY CAME BACK AND FORTH SPEAKING TO HIM ABOUT THE TREE TO NO AVAIL. HE JUST CUT IT RECENTLY, ABOUT TWO WEEKS AGO. NOW HE GOT TO THE POINT, MA'AM, I'M NOT SURE HOW THIS ENDED UP THE WAY YOU DID CO COMPLIANCE. UM, OFFICER BLACK, SHE WAS VERY UNPROFESSIONAL, AND SHE DISCRIMINATED ME FOR BEING A DISABLED VETERAN. I DID REACH OUT TO 3 1 1 AND I TOLD THEM, LOOK, I SUFFER FROM DEPRESSION, P T S D AND ANXIETY, AND I WANT SOME ACTION TO BE TAKEN. SO I BELIEVE OFFICER BLACK GOT A HOLD OF IT. SHE WAS DEALING WITH MY NEIGHBOR AT FIRST REGARDING THE TREE. A WEEK LATER, SHE LEAVES A NOTICE ON MY [01:20:01] GATE, ALL THESE VIOLATIONS AFTER FOUR YEARS. OKAY. I LEFT IT AT THAT DURING THE WEEKEND. AS I WAS ABOUT TO DRIVE AWAY FROM MY DRIVEWAY, I COULDN'T, SHE WAS PARKED RIGHT BEHIND ME IN THE MIDDLE OF THE ROAD, NO BLINKERS, NOTHING. I DIDN'T KNOW IT WAS HER, BUT I KIND OF PUT IT TOGETHER. I BACKED UP AND SHE LEFT. SHE WENT NORTH ON PORT SIDE. SO ONCE I BACKED UP, THAT PUT ME BEHIND HER CITY VEHICLE, MR. CHAIR. SO WE'RE GOING DOWN THE ROAD AND THEN SHE STOPS RIGHT IN FRONT OF ME. SIR, IF I MAY, I DON'T, I DON'T UNDERSTAND, I DON'T THINK THIS TOPIC IS A PART OF THE VARIANCES THAT ARE ON THE AGENDA. SO I THINK, UM, WE'RE STRAYING FROM THE TOPIC, RIGHT? YES, MAAM. I'M JUST TRYING TO JUSTIFY OKAY, SIR, MYSELF, THAT'S ALL. I, IF I CAN JUST CHIME IN REAL QUICK, IF YOU DON'T MIND, IF YOU DO HAVE A, A QUESTION OR CONCERN ABOUT, UH, STAFF PERSON AT, UH, FROM THE CODE SIDE, I'M HAPPY TO SPEAK WITH YOU AFTER. THANK OKAY. LET'S, LET'S KEEP THE COMMENTS PERTINENT TO THE FACTS HERE OR TO THE CASE, DEAN. OKAY. YES. UH, THERE'S A UTILITY POLE IN THE FRONT AND IT SEEMS LIKE THERE'S HARD, HARD WAY TO GET ACCESS TO. DID YOU COORDINATE WITH ANY, LIKE C P S OR ANYBODY, UH, REGARDING THAT POLE, UM, TO BE, HAVE A SETBACK OFF OF OR ANY TYPE OF, UM, COORDINATION TO DEAL WITH THAT OVER DO C P S? WHAT? NO, IT, SIR, IT'S CONSTRUCTED IN THE RIGHT OF WAY, THE FENCES. AND SO IN ORDER FOR HIM TO HAVE THE FENCE THERE, HE'LL HAVE TO GET PERMISSION FROM PUBLIC WORKS TO DO THAT. SO THAT'S NOT WHAT'S UNDER CONSIDERATION. IT'S JUST THE MATERIALS. IF HE'S ALLOWED TO KEEP THE, THE CORRUGATED METAL AS WELL AS THE HEIGHT OF THE FENCE, HE'S GONNA HAVE TO MOVE IT TO HIS PROPERTY LINE. AND JUST FOR THE RECORD, JUST SO EVERYONE'S AWARE, IF, IF, UH, PUBLIC WORKS DOES ALLOW HIM TO UTILIZE THE PUBLIC RIGHT OF WAY, HE WILL HAVE TO PURCHASE THAT. UM, BUT THERE'S A PROCESS THAT IT WILL HAVE TO GO THROUGH FOR THAT RIGHT NOW THAT IS IN VIOLATION. SO THAT WOULD END UP HAVING TO BE TAKEN DOWN AS WELL. ALRIGHT, THANK YOU. UH, MS. PICASSO. THANK YOU. SO BASED ON SOME OF THE PHOTOS THAT I SAW ON THE, UM, THE, THE TRI-FOLD, I DID SEE THAT THERE WERE PARTS OF THE, I BELIEVE WHAT WAS THE BACKYARD THAT WERE AT A LOWER LEVEL, I'M ASSUMING A SIX FOOT, NOT ON THE PRESENTATION, IT'S ON, ON THE, UH, EXHIBIT THAT WAS PROVIDED TO US. UM, AND THEN IT WENT TO AN EIGHT FOOT. SO I JUST WANNA UNDERSTAND, UH, UH, FOR, FOR YOU ALL DID, WAS THAT ADJUSTED ALL TO EIGHT FEET OR IS THE SIX FOOT METAL, ONE PORTION PIECE MILLED WITH AN EIGHT FOOT RIGHT NEXT TO IT IN THE BACK PART BASED ON THE PHOTOS THAT YOU PROVIDED US. AND I HAVE SEVERAL QUESTIONS IN THE BACK. IT'S SIX FEET. IT'S ALL SIX FEET. IT'S LIKE A SQUARE, BUT ON THE SIDES IT'S EIGHT FEET. MA'AM, ON THE SIDE, IT STARTS SIX FEET, BUT THE TERRAIN STARTS TO DROP. SO IF YOU'RE GOING THIS WAY, IT LOOKS HIGHER WHEN YOU GET TO THE FAR END BEFORE YOU PASS THE HOUSE. IT COULD BE CLOSE TO SEVEN FEET. I CAN HAVE THAT CUT, BUT ONCE I CUT IT, IN MY OPINION, IT WOULD LOOK THE SAME BECAUSE OF THE TERRAIN ON THE SIDE OF THE HOUSE. MM-HMM. . AND THEN, UM, AS FAR AS THE VISION, UH, EXCUSE ME, HE'S, UH, THE CLEAR VISION DRIVEWAY, UH, CONCERN. UH, HOW MUCH FURTHER BACK WOULD HE NEED? AND THIS IS I GUESS, FOR STAFF, WOULD HE NEED TO MOVE IT IN ORDER FOR IT TO BE IN COMPLIANCE? THAT QUESTIONS FOR STAFF? THAT WOULD BE THE, UH, 10 FEET, SIX INCHES FOR IT TO BE IN COMPLIANCE. AND WHERE IS IT AT NOW? FOUR FOOT SIX INCHES. SO HE WOULD NEED TO MOVE IT ABOUT SIX FEET. UH, 10. HE WOULD NEED TO MOVE IT BACK. 10 FEET. OH, I'M SORRY. SIX INCHES. I'M SORRY. I'M MATH. IS THE MATH. AIN'T MATH IN MY HEAD RIGHT NOW. UM, OKAY. I THINK THAT'S ALL I HAVE FOR RIGHT NOW. THANK YOU, MS. PICASSO. ANY OTHER QUESTIONS FOR YES, THE STAFF FOR APPLICANT? YES. KAPLAN, MR. ZUNIGA. OKAY. YES. KALAN. SIR, MAY I SAY SOMETHING JUST REAL QUICK? THE REASON WE PUT THAT THERE IS BECAUSE THE WATER COMES INTO THE HOUSE, MR. GALL, LET'S GET, LET'S GET THE QUESTIONS GOING FIRST. I, I A APPLAUD YOU, UH, FOR A LIVING IN SKY HARVEST IN THE NINETIES. OKAY? I KNOW THAT AREA. VERY, VERY GOOD. UH, BUT THE THING IS THIS HERE, YOU'RE IN VIOLATION OF PUTTING A CORRUGATED METAL FENCE, WHICH IS NOT, YOU KNOW, ACCEPTABLE TO THE CITY. AND THIS IS WHAT WE'RE HERE FOR ONLY. AND THE THING IS THIS, MAYBE THAT [01:25:02] WOULD BE A COMPROMISE. I KNOW YOU'RE GOING THAT, UH, SOMEBODY IN THE FAMILY DONE IT FOR YOU. BUT THE THING IS THIS, THAT WE, YOU'RE STILL IN VIOLATION AND THAT PERSON SHOULD HAVE KNOWN THE VIOLATION AND, AND, YOU KNOW, I SYMPATHIZE WITH YOU, THE AREA, WHATEVER, YOU COULD BRING POLICE REPORTS HERE. YOU DON'T NEED THEM FOR ME, YOU KNOW. BUT THE THING IS, IS THAT WE STILL, YOU KNOW, THEY SHOULD HAVE KNOWN BETTER. AND YOU STILL, YOU KNOW, UH, MIGHT HAVE TO, UH, TEAR IT DOWN. THANK YOU. THANK YOU, MR. IT'S AGAINST LAW. SO IT'S BEEN FOUR YEARS. HAS THIS BEEN UP? OKAY. FOUR YEARS FOR STAFF. UH, THE FRONT FENCE, IS THAT ON THE PROPERTY LINE OR IS THAT ON CITY PROPERTY? THAT'S ON THE CITY RIGHT OF WAY. HOW FAR, HOW FAR INTO CITY RIGHT OF WAY IS IT? I BELIEVE IT'S ABOUT A GOOD FOUR FEET, FOUR FEET INTO SOMETHING LIKE THAT. OKAY. GOT IT. THANK YOU, MS. KAPLAN. ANY OTHER QUESTIONS FROM ONE MORE? I REMEMBERED THE QUESTIONS. YES. UH, SO IT LOOKS LIKE WE'RE LOOKING AT SEVERAL PIECES OF THIS, RIGHT? NOT JUST THE, THE FENCE ITSELF, BUT ALSO THE CARPORT. IS THAT HANGING OFF PROPERTY LINE AT THE MOMENT? THERE'S A LOT METAL HERE, SO I'M TRYING TO KEEP TRACK THE CARPORT. UM, DID, DID NOT APPEAR TO BE HANGING OFF THE PROPERTY LINE. OKAY. AND THEN AS FAR AS DRAINAGE CONCERNS FROM A CITY STANDPOINT, DO WE SEE ANY CONCERNS FOR FLOODING OR, UM, UH, POTENTIAL HARDSHIPS ON THE NEIGHBORING, UH, UH, PROPERTIES? YES. UM, THAT'S PART OF OUR RECOMMENDATION FOR DENIAL BECAUSE OF THE, UH, JUST THE DISTANCE OF THE FENCE IS, UM, NOT TOO STANDARD AND DOESN'T LEAVE ENOUGH ROOM. OKAY. THANK YOU. THANK YOU, MS. PICASSO. ANY OTHER QUESTIONS? ALL RIGHTY. UH, STAFF, DO WE HAVE ANY, UH, VOICEMAIL OR PUBLIC COMMENTS TO BE READ IN? NO PUBLIC COMMENTS? ALRIGHT, UH, I'LL ASK THE APPLICANT, WOULD YOU LIKE TO HAVE ANY, UH, CLOSING REMARKS? YOU'VE HEARD THE QUESTIONS FROM THE BOARD? ANY CLOSING REMARKS BEFORE WE CLOSE THE PUBLIC PORTION AND TAKE A VOTE? SURE. YOU SEE, SIR, I PUT THIS CAR PUT UP THERE BECAUSE WHEN IT RAINS HEAVY, WE GOT WATER COMING INTO THE HOUSE. AND THOSE PICTURES RIGHT THERE INDICATE THE ROOMS THAT GET FLOODED. AND THIS MAKES A BIG DIFFERENCE. IT STOPS THE WATER. THE EDGES ARE NOT IN THE WAY. THEY DON'T BOTHER THE NEIGHBORS AND THEY'RE PRETTY HIGH. NOBODY CAN BE CUT. THEY'VE BEEN THERE FOUR YEARS, IS A SAFE ROOF. OKAY. ALRIGHT, LET'S SEE IF WE HAVE ANYBODY FROM THE BOARD THAT WANTS TO MAKE A MOTION HERE. I'LL MAKE A MOTION. MS. KAPLAN. OKAY, REGARDING CASE NUMBER BO O A DASH 23 DASH 1 0 3 0 0 204. THAT'S WHAT WE'RE AT, RIGHT? YEAH. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR ONE, A VARIANCE TO ALLOW A CORRUGATED METAL FENCE IN THE FRONT SIDE AND REAR YARD. TWO, A FOUR FOOT 11 VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE ONE INCH FROM THE SIDE PROPERTY LINE THREE AND NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE ONE INCH ON THE FRONT PROPERTY LINE. AND FOUR, A 10 FOOT SIX INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION TO ALLOW A FOUR FOOT SIX CLEAR VISION ON TWO DRIVEWAYS SITUATED AT 89 42 PORTSIDE DRIVE. APPLICANT BEING RAISED GALLEGO BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE REVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, WELFARE, SAFETY AND OF THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY PERMITTABLE FENCE MATERIALS FOR UNIFORMITY WITHIN AN ESTABLISHED NEIGHBORHOOD SIDE AND FRONT SETBACK. REQUIREMENTS TO PROVIDE STRUCTURES FROM BEING CLOSE TO NEIGHBORING PROPERTIES AND CLEAR VISION REQUIREMENTS TO ENSURE SAFE VEHICULAR TRAFFIC. THE REQUESTED VARIANCES ARE NOT CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT ABIDING BY THE PERMITABLE FENCE. MATERIALS REQUIRED FIVE FOOT AND 10 FOOT SETBACK REQUIREMENTS, AND MINIMUM 15 FOOT DRIVEWAY CLEAR VISION. THIS WOULD RESULT IN AN UNNECESSARY HARDSHIP AS THE FENCE AND STRUCTURE APPEAR TO NOT ALLOW FOR ALTERATIONS. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE PROPERTY CURRENTLY HAS CORRUGATED METAL FENCING MATERIAL ON ALL SIDES, A CARPORT THAT IS ONE INCH FROM THE SIDE AND FRONT PROPERTY LINES, AND A FENCE WITH A FOUR FOOT SIX CLEAR VISION ON BOTH DRIVEWAYS. IN THIS CASE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED [01:30:01] 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, DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE PROPERTY WILL CONTINUE HAVING PROHIBITED FENCING MATERIAL, ONE INCH SIDE AND FRONT SETBACKS FOR CARPORT. AND THE FOUR FOOT SIX CLEAR VISION ON BOTH DRIVEWAYS. THESE VARIANCES WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES AND WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX. THE PLIGHT 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 THEY'RE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS LOCATION OF THE LOT AND SECURITY FOR THE HOMEOWNER. END OF MOTION. THANK YOU, MS. KAPLAN. DO I HAVE A SECOND? SECOND. SECOND. MR. AMANDA. UM, MS. KAPLAN, WOULD YOU LIKE TO PROVIDE SOME DISCUSSION? YES. UM, I WILL NOT BE SUPPORTING THIS, UH, VARI THESE VARIANCES. UH, A UM, WELL, LET'S GO BACK TO THE PLIGHT IS NOT, IS DUE TO UNIQUE CIRCUMSTANCES. UH, THIS IS NOT DUE TO UNIQUE CIRCUMSTANCES. IT'S, UH, THERE ARE NO OTHER, UH, UH, FENCES LIKE THIS. THERE'S NO OTHER PROPERTY ON THE NEIGHBORHOOD APPARENTLY THAT HAS AS MUCH, UM, STUFF ON ITS SIDE, UH, SETBACKS IN TERMS OF NUMBER STRUCTURES. UH, IT'S JUST, UH, EXCESSIVE. AND ALSO, UM, THE USE OF THE, UH, METAL FENCING IS, IS NOT AN ALLOWED USE. UH, AND IN ADDITION, ONE, AT LEAST ONE OF THE NEIGHBORS IS NOT, UH, UH, IN FAVOR OF THIS. SO I WILL AGREE WITH, UM, HER NEIGHBOR AND, UH, SAM, NOT IN FAVOR OF IT. THANK YOU MS. KAPLAN. UH, MR. MANNA. SO, SO I DO HAVE ONE QUESTION FOR A FRIENDLY AMENDMENT. AND SO, AND YOU KNOW, MAYBE A DISCUSSION ON IT, AND IT'S SPECIFIC TO, UM, NUMBER, UM, THREE, WHICH WAS THE, UM, MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT FOR THE CARPORT. AND SO, SO ESSENTIALLY, UM, CONSIDERING LEAVING THE CARPORT ON THE FRONT SIDE, UM, UM, SO THAT THERE IS STILL PARKING AVAILABLE, BUT, UM, BUT NOT HAVE ANY OF THE REST OF IT. AND SO, UM, THIS SPECIFIC TO THE CARPORT, UH, WOULD BE BEHIND THE, THE CITY PROPERTY LINE. SO, SO THE CARPORT ITSELF THAT HE HAS ALREADY BUILT, OKAY. UM, LEAVE THAT THERE. UM, BUT, BUT HAVE THESE SIDE RESTRICTIONS SO AS, SO THEY CAN'T BE ALL THE WAY TO THE ONE SIDE, BUT STILL ALLOW HIM TO HAVE PROTECTION THERE. AND SO, SO I GUESS THE QUESTION WOULD, WOULD STRIKE WOULD BE, WOULD BE STRIKE NUMBER? YEAH. WOULD THAT BE A CONSIDERATION? YOU KNOW, UM, YOU KNOW, FROM YOUR PERSPECTIVE, MS. MS. KAPLAN, WOULD YOU ACCEPT THAT AS ALLOW, ALLOW THE CAR I YOU SAYING ALLOW THE CARPORT, FRONT SETBACK. FRONT SETBACK FOR THE CAR? YEAH. SO MAYBE IT WOULD BE, STRIKE IT. SO THAT STRIKE THE MOTION SHOULD BE RE-READ TO INCLUDE THAT AS A, AS A SECOND READ ON THE, ON THE MOTION ITSELF. 'CAUSE I THINK THAT'S HOW WE HAVE TO DO THAT FOR, TO REJECT EVERYTHING ELSE TO ALLOW IT. NUMBER THAT NUMBER THREE TO STRIKE NUMBER THREE, THE TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT FENCE SITE REQUIREMENT. THAT'S WHAT'S ON MINE. OH, NUMBER THREE, YOURS NUMBER THREE. AND THEN THIS HERE, I'M LOOKING HERE NUMBER, I THINK IT'S NUMBER FOUR ON THE, IT'S NUMBER FIVE. NUMBER FIVE ON THE ACTUAL ORATE OR REQUEST. AND NINE NINTH FOR 11 INCH VARIANCE IN THE MINIMUM TEMP TO ALLOW A CORPORATE ONE INCH IN THE FRONT. OKAY. I'LL, I'LL, I'LL ALLOW THAT. I, I, I'LL GO WITH THAT. SO, SO THE QUESTION WOULD BE THEN DO WE STRIKE THAT FROM THE READING AND THEN WOULD REREAD IT AGAIN TO INCLUDE JUST THAT ONE? CAN I JUST SAY EXCLUDE NUMBER FIVE? EXCLUDE A NINE FOOT, 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE ONE INCH FROM THE FRONT PROPERTY LINE. YES. ACCEPTABLE. OKAY. DO WE HAVE A SO ACCEPT, DO WE, OKAY. OKAY. DO WE HAVE A SECOND ON THAT SECOND? YEAH, I GUESS IT, SO AS LONG AS THAT READS OKAY. AND, AND WE'RE ONLY VOTE ONCE THEN, OR WE HAVE TO VOTE TWICE? ONCE FOR EVERYTHING ELSE THAT WE'RE POTENTIALLY, UM, BECAUSE IT DOES APPEAR THAT, UH, YOU KNOW, WE'LL, YES, THEY WILL BE SEPARATE. OKAY. THAT'S WHAT I NEED TO HEAR. OKAY. THANK YOU . SO, SO WE'RE TAKING A VOTE RIGHT NOW FOR THE MOTION. WELL, THERE WAS A FRIENDLY AMENDMENT TO THE MOTION. NO, JUST STRIKE IT. STRIKE NUMBER FIVE. YOU'RE SECOND. SO A SECOND MOTION CAN BE READ. OKAY. SECOND. MOTION BEING A SPECIAL EXEMPTION EXEMPTION. NO, SECOND MOTION BEING FOR THE CARPORT SPECIFICALLY. OKAY. OKAY. SORRY. OKAY, SO, SO LET'S JUST MAKE THE BOARD UNDERSTAND. SO WE'LL DO A SEPARATE MOTION FOR THE FIVE. NUMBER THREE IS, HAS BEEN STRUCK. NUMBER FIVE. IT'S NUMBER FIVE. IT'S NUMBER FIVE ON IT, RIGHT? OKAY, WELL THE NINTH FOOT, 11 INCH VARIANCE, YES. OKAY. YES. SO LET'S GO AHEAD AND TAKE A ROLL CALL, VOTE ON THAT, AND THEN WE'LL COME BACK AND DO A SEPARATE VOTE FOR THE, UM, THE FRONT SETBACK. SO, ROLL CALL VOTE. [01:35:01] MS. KAPLAN, I CONCUR WITH THE FINDINGS. OH WAIT, I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MS. PICASSO. NO, DR. BURTON, I DO NOT CONCUR. MR. DEAN. I DO NOT CONCUR. MS. CRUZ. I DO NOT CONCUR. MR. ZUNIGA. I DO NOT CONCUR WITH THE FINANCE OF FACT. MS. AVIVE. I DO NOT CONCUR, MR. VASQUEZ. I DO NOT CONCUR. MR. EZ. DO NOT CONCUR, MR. OZUNA. UH, DO NOT CONCUR. SO ON THE, ON THE MOTION AS READ THE VARIANCES, UM, VARIANCE, DO NOT PASS 11 TO ZERO. SO NOW WE'RE GONNA ENTERTAIN THE MOTION REGARDING THE FRONT SETBACK OF THE GARAGE OF THE PARKING, UH, PATIO. JUST A QUICK, QUICK THING. AND SO THAT'S WHAT WE'RE GONNA DECIDE ON NOW. OKAY. REGARDING CASE NUMBER BO A DASH 23 DASH OH 3 0 0 2 4, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE ONE INCH FROM THE FRONT PROPERTY LINE, UH, FOR 8 9 4 2 PORT SIDE DRIVE, APPLICANT SGO. OKAY, DO WE HAVE A SECOND FOR THAT? MOTION? SECOND, MR. MANNA, UH, MS. KAPLAN, UH, WE TALKED ABOUT IT, SO I HAVE NO COMMENT. NO MORE COMMENT. OKAY, MR. AMANDA, WOULD YOU, AND SO THE ONLY COMMENT I WOULD SAY IS THAT, UM, THERE ARE OTHER STRUCTURES ON THE STREET THAT ARE SIMILARLY SITUATED. UM, MAYBE DIFFERENT MATERIALS, UM, BUT THAT'S BESIDE THE POINT HERE. UH, BUT THEY ARE, UM, WITHIN THAT, WITHIN THAT, I GUESS THAT DRIVE LINE. SO, SO I SEE, SEE SOME CONSISTENCIES THERE ALREADY. YEAH. AND I'LL, I'LL SUPPORT THE MOTION FOR THE CARPORT. I MEAN, IT'S GONNA BE SET BACK BEHIND THE PROPERTY LINE. UH, WE DO HAVE THE SETBACKS. WE HAVE SOME OTHER VARIANCES MOTIONS WE'RE GONNA, UM, ENTERTAIN LATER ON, ON, ON CLEAR VISION. SO THAT WOULD KIND OF BE IN TANDEM WITH THE GARAGE IS TRYING TO DO. SO WITH THAT SAID, LET'S TAKE A WALK CALL VOTE. MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA, I CONCUR WITH THE FINDINGS OF FACT, DR. BURTON. I CONCUR WITH THOSE FINDINGS. MS. PICASSO? YES, MS. DEAN? I CONCUR. MS. CRUZ? YES, I CONCUR. MR. ZUNIGA. I CONCUR. MS. BENAVIDEZ I CONCUR. MR. VASQUEZ. I CONCUR. MR. EZ I CONCUR. MR. UNA. YES, I CONCUR. SO, 11 IN FAVOR, ZERO AGAINST THAT MOTION DOES PASS REGARDING THE FRONT STEP BACK OF THE, OF THE, UH, OF THE, UH, CARPORT. NOW WE'RE GONNA MOVE ON TO THE SPECIAL EXCEPTIONS, WHICH ARE GONNA BE THE SOLID FENCE, UM, UH, UH, SCREENING AND THE, UM, CLEAR VISION. OKAY, WELL HOLD ON. FENCE HEIGHT. YEAH, THE FENCE HEIGHT. YEAH. YEAH, YEAH. I'M SORRY. SO LET'S GO AHEAD. DO I HAVE A, A FIRST MOTION? OH, OKAY. THE ONLY SECOND MOTION SET? YEAH. OKAY, GOT IT. WE THE MOTION? MM-HMM. . GOT IT. OKAY. SO THAT, UH, POLICE GET WITH STAFF AND THEY CAN TELL YOU, UM, WHAT THE MOTIONS WERE AND WHAT WAS APPROVED TODAY. THANK YOU. SO WHY DO I HAVE TWO DIFFERENT, WHY DO I HAVE ALL THESE DIFFERENT THERE? WAS THERE NO MOTION MADE FOR DEFENSE? SO, SO, UM, SO THE, FOR THE FIRST MOTION, UH, THE WAY IT WAS WRITTEN, UH, PER THE PACKET, IT DID INCLUDE BOTH THE SPECIAL EXCEPTION AS WELL AS THE, THE, UH, THE, UH, THE INITIAL ONE. SO IT WAS NOT DIVIDED. SO SHE READ IT ALL AS ONE MOTION, IF THAT'S OKAY. IF NOT, THEN WE CAN, IT'LL WORK. BUT WE SHOULD TRY TO KEEP THOSE DISTINGUISHED IN THE FUTURE. UH, BUT YES. SO, SO THAT'S A DENIAL ON ALL OF THEM, RIGHT? EXCEPT FOR THE, WELL WE DID, WE DIDN'T READ EXCEPT NUMBER FIVE, RIGHT? EVERYTHING EXCEPT NUMBER FIVE. YES. GOT YOU. SO WE'RE GOING TO SECOND THE MOTION. IF, IF THERE IS NO MOTION, THEN IT FAILS ANYWAY, SO YOUR, OKAY. ALRIGHT, I APOLOGIZE FOR THAT. UM, LET'S GO ON TO THE NEXT CASE PLEASE. ITEM NUMBER FOUR IS BO O A DASH 23 DASH 0 3 0 2 6. ADDRESS IS 7 1 5 WESTMORELAND DRIVE IN CITY COUNCIL DISTRICT ONE. UH, THE APPLICANT IS MIGUEL GOMEZ AND THE REQUEST IS FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE ONE INCH FROM THE SIDE PROPERTY LINE. AND TWO, A VARIANCE TO ALLOW, UH, ACCESSORY STRUCTURES TO EXCEED THE 50% MAXIMUM LOCK COVERAGE IN THE SIDE AND REAR YARD. AND THE CURRENT ZONING IS [01:40:01] R FOUR. THE SUBJECT PROPERTY LOCATED ALONG WESTMORELAND DRIVE, NEAR DRESDEN DRIVE CITED BY CODE ENFORCEMENT. THE APPLICANT IS REQUESTING THE ALLOWANCE OF AN ACCESSORY STRUCTURE TO BE ONE INCH FROM THE SIDE PROPERTY LINE WITHIN THE WHEELER YARD. UM, ACCESSORY STRUCTURES IN SAN ANTONIO ARE REQUIRED TO MAINTAIN A MINIMUM DISTANCE OF FIVE FEET AND MUST OBTAIN A VARIANCE TO DEVIATE FROM THIS. UPON SITE VISITS, STAFF OBSERVED ADDITIONAL ACCESSORY STRUCTURES, WHICH EXCEEDED THE MAXIMUM LOT COVERAGE OF 50% OF THE TOTAL AREA IN THE SIDE AND REAR YARDS. AND THIS IS THE SITE PLAN AND THIS IS THE SUBJECT PROPERTY AND THIS IS THE ACCESSORY STRUCTURE. AND THIS IS THE SIDE SETBACK. AND THIS IS THE REAR LOCK COVERAGE, AND THIS IS AN ALTERNATE VIEW. AND THE NEXT TWO SLIDES ARE THE SURROUNDING AREAS. STAFF RECOMMENDATION FOR THE SIDE SETBACK AND LOCK COVERAGE VARIANCES. STAFF RECOMMENDS A DENIAL IN BO O A DASH TWO THREE DASH 1 0 3 0 0 2 16 BASED ON THE FOLLOWING. UH, ONE THAT PROPOSED ASSISTANCE AND COVERAGE WILL DIRECTLY AFFECT THE ADJACENT NEIGHBOR BY BEING TOO CLOSE TO THE SHARED PROPERTY LINE AND THE RISK OF FIRE SPREADS GREATER. AND THIS WAS THE NOTIFICATION PLAN. STAFF MAILED OUT 24 NOTICES AS ZERO IN FAVOR, ZERO IN OPPOSITION, AND WE RECEIVED NO RESPONSE FROM THE NORTH CENTRAL NEIGHBORHOOD ASSOCIATION. AND THAT CONCLUDES STAFF'S PRESENTATION. AND THE APPLICANT IS PRESENT AND HE WILL NEED A TRANSLATOR. DO WE HAVE ANY QUESTIONS FOR STAFF BEFORE WE BRING THE, UH, APPLICANT FORM? DO YOU KNOW IF ANY BUILDING PERMITS PULLED FOR THE, UM, THE, THERE WERE NO BUILDING PERMITS, UH, PULLED FOR THE ACCESSORY STRUCTURE. UM, BUT THERE WAS PULL, THERE WAS, THERE WAS ONE PULLED FOR THE, UM, REAR AWNING IN THE BACK. THAT IS A PART OF THE LOCK COVERAGE VARIANCE, BUT NOT FOR THE MAIN STRUCTURE. NO. CORRECT. DO YOU KNOW IF THERE'S ANY, UH, PLUMBING OR ELECTRICAL OR ANY OTHER MECHANICAL SYSTEMS WITHIN THE ACCESSORY STRUCTURE? UM, I'M, LET ME, I CAN CHECK FOR YOU. OKAY. OKAY. CRUZ. OH, FOR STAFF? UM, THE BACK OF THE PROPERTY. I AM, I AM LOOKING AT THE PICTURE IN, UH, IT'S ANOTHER STREET. BE RIGHT THERE. THAT'S A, A DIFFERENT STREET OR IS IT AN ALLEY? UH, IT'S ACTUALLY A RAILROAD RIGHT OF WAY. UM, IT MEASURES ABOUT 150 FEET IN WIDTH. UM, THE REASON WHY THERE'S NO REAR SETBACK, UH, VARIANCE REQUEST IS BECAUSE THE PROPERTY OWNER COULD TAKE SOME OF THAT. YEAH. 'CAUSE OF THE RAILROAD. ALL RIGHT, THANK YOU. ALRIGHT, THANKS. ANY MORE QUESTIONS? OKAY. HEARING I ASK THE APPLICANT TO PLEASE COME FORWARD. OH, , UH, GOOD AFTERNOON. MY NAME IS MIGUEL GOMEZ. I CAME IN FOR, UM, IT'S POSSIBLE KEEPING MY STORAGE BECAUSE, UM, SOMETIME LOT OF PEOPLE STOLE MY TOOLS, OPEN MY CAR. SO I MAKE THAT ONE TO THE LINE, TO THE FENCE, MY NEIGHBOR, BECAUSE I PUT INSIDE MY TRUCK, MY TRUCK, THEY WORK WORKING, UH, HIS, HIS, UH, TOOLS, HIS WORK TOOLS, UHHUH IN MY, UH, ON HIS TRUCKS, HE PUTS THEM INSIDE THAT STRUCTURE. SO TO KEEP THEM FROM BEING STOLEN. OH, HE SAID THAT THE STRUCTURE WAS THERE ALREADY. THEN HE, UH, REDID THE OUTSIDE OF IT, MAKING IT WITH METAL. OKAY. HE SAYS THAT THE STRUCTURE WAS THERE ALREADY. HE DIDN'T BUILD IT, BUT HE RECOVERED IT IN METAL SIDING. UM, HE WANTS TO SEE IF HE CAN KEEP THAT STRUCTURE. WE HAVE ANY QUESTIONS FOR THE APPLICANT? ANY QUESTIONS? UM, MS. KAPLAN AND THEN MS. PICASSO. UH, OKAY. SO YOU SAY THAT THAT METAL STRUCTURE, UH, WAS THERE WHEN YOU BOUGHT THE HOUSE, THE ONE IS, UH, AGAINST THE FENCE? YES. OKAY. AND HE CONSTRUCTED THE SHED. AND THE, IS THERE ANOTHER BUILDING IN ADDITION TO THE SHED? HE, HE DIDN'T BUILD ANOTHER STRUCTURE. HE JUST RECOVERED, UH, THE, THE STRUCTURE THAT WAS THERE. HE MADE IT WITH METAL WALLS. BUT THERE'S TWO OTHER STRUCTURES ON THIS DIAGRAM SHE SAYS HAVE BEEN ALREADY APPROVED. THOSE WERE APPROVED. HE, HE [01:45:01] GOT, I MAKE A PERMIT FOR THE, HE GOT A PERMIT FOR THE CAR CARPORT. UH, THERE'S A SAID. OKAY. UM, IS THAT TRUE STAFF? 'CAUSE YOU SAY THAT THERE'S MORE THAN 50% OF THE BACKYARD COVERED. DID YOU GIVE PERMISSION WITH THIS? SO THIS NEW STRUCTURE THAT WE'RE LOOKING AT HERE, WE SAW THAT PUTS HIM ABOVE THE 50%. SO IF HE GOT PERMISSION FOR OTHER OTHER ACCESSORY STRUCTURES THAT IT, THAT WOULD NOT HAVE BEEN OVER 50%. IT'S THIS NEW STRUCTURE THAT PUT HIM OVER. BUT HE SAYS THIS WAS AN EXIST STRUCTURE. HE, HE SAID HE'S CLAIMING THAT THIS METAL STRUCTURE WAS AN EXISTING STRUCTURE THAT HE JUST PUT METAL CLADDING ON. UM, SO I'M CONFUSED AS TO WHAT'S, YEAH, I THOUGHT HE WAS TALKING ABOUT THE CARPORT. THAT THE CARPORT WAS AN EXISTING STRUCTURE, NOT THIS STRUCTURE. WHAT ARE WE TALKING ABOUT? HE'S TALKING ABOUT THE, THE CLOSED STRUCTURE. HE'S TALKING ABOUT THAT STRUCTURE, THE CARPORT, THE SHED. HE SAID HE GOT A PERMIT FOR THAT A LONG TIME AGO. WHEN I MAKE, UH, THE CARPORT FOR THE CARPORT WHEN HE MADE THE CARPORT. THAT'S A CARPORT. I MADE THAT ONE TOO. HE GOT HE ONE ON THIS SIDE. THE ONE ON THE LEFT. WHAT? THE ONE ON THE, THE ONE ON THE RIGHT. THAT'S NOT A CARPORT. WHAT IS THAT? THAT'S JOSEPH. CAN YOU POINT TO IT WITH THE POINTER PLEASE? HE SAID IT'S STORAGE. STORAGE. OKAY. SO HE HAS APPROVAL FOR THE STORAGE. IT'S PERMITTED. NO, BUT HE SAYS THAT THAT WAS AN EXISTING BUILDING. NO. AM I RIGHT? IS THAT WHAT HE SAYS WAS AN EXISTING BUILDING? YES. SO HE GOT A PERMIT IN 2020 FOR THE, THE AWNING ON THE LEFT. OKAY. HE SAYS HE GOT PERMISSION FOR THAT WHEN HE GOT THE PERMIT FOR THE, UH, CARPORT. OKAY. AND WHAT ABOUT THE OTHER BUILDING THEN? THAT'S THE ONE HE SAID THAT WAS ALREADY THERE AND HE COVERED IT WITH THE METAL SIDING. OH, OKAY. SO BASICALLY THEN HE GOT PER, EVEN THOUGH IT'S NOW OVER 50% OF THE BACK LOT YOU GAVE HIM, THE CITY GAVE HIM PERMISSION TO BUILD THE SHED EVEN THOUGH THE OTHER PROPERTY EXISTED. STORAGE IS WHAT HE'S SAYING? YEAH. I'M GONNA CHECK THE PERMITS ON THAT ONE. GIMME ONE SECOND. IT SAYS THAT THE ISSUANCE OF A BUILDING PERMIT IS PENDING THIS MEETING. SO, UM, WE'RE, WE'RE TRYING TO FIGURE OUT, HE'S SAYING NOW THAT IT WAS THERE MANNA, HE'S SAYING YES, MR. MADAM. WHAT'S, SO AS FAR AS THE, THE BUILDING ITSELF, WHEN I LOOK ONLINE, I SEE A ONE STORY SHED. WAS IT ONE STORY AND YOU'VE DOUBLED THE SIZE AND MADE IT A TWO STORY SHED. NOW ONE LINE, HUH? YES HE DID. AND THEN, AND THEN DID YOU CHANGE THE SIZE OF IT FROM THE LENGTH OF IT? WAS IT ALWAYS THAT LONG ON THE BOTTOM? YES, HE DID WITH THE WINDOW. SO IT WAS NOT AN EXISTING STRUCTURE, IT WAS A PARTIALLY EXISTING STRUCTURE THAT HE DOUBLED. DID HE GET A PERMIT FOR THAT? YES. HE, HE BUILT IT OUT. BUT HE DID NOT GET A PERMIT FOR THAT WORK? NO. IN THAT ONE, NO. OKAY. DOES THAT, DOES THAT HELP? OKAY. YES. OKAY. NOPE. THAT, OKAY. ANY OTHER QUESTION FOR THE APPLICANT? ANY OTHER QUESTIONS? OKAY. UM, AND NO MORE QUESTIONS. OKAY. SO ACTUALLY I DO HAVE A QUESTION FOR CITY. AND THE QUESTION IS, UM, YOU KNOW, IF WE'RE TRYING TO GET BACK TO THE 50% COVERAGE, UM, UM, DO YOU, DO WE KNOW WHAT SQUARE FOOTAGE WOULD, WOULD WE HAVE TO SPECIFY WITH REGARDS TO THE SIZE OF THIS TO GET IT? WE DON'T KNOW. WE WEREN'T ABLE TO MEASURE IT OUT. WE JUST OBSERVED THAT WITH THIS ADDITION, IT WOULD BE OVER 50%. SO IF, IF IT WAS DENIED, HE COULD PUT IN, UM, A, A PERMITTED STRUCTURE THAT WAS WITHIN 50%. 'CAUSE WE, IF WE WERE NOT TO VOTE ON THAT AND OH, JUST THE, JUST THE 50%. YEAH. SO IF YOU APPROVE THE SETBACK, YOU MEAN? SURE. YEAH. SO HE WOULD, IF THE MATH COMES OUT THAT HE HAS TO TRIM THAT DOWN TO 50%, HE WOULD HAVE TO, YES. DOES THAT HELP MR. MANER REGARDING THAT SIDE? STEPBACK? MY, MY QUESTION IS JUST KIND OF GUTTERS AGAIN, THAT'S ALWAYS IS THE SAME QUESTION. IS THERE GUTTERS AND DO YOU PLAN TO PUT GUTTERS ON THAT SIDE IN YES. UHHUH? YES. THEY'RE GUTTERS OR YES, HE PLANS TO PUT GUTTERS. GUTTERS OR WHAT ELSE SIR? GUT DOES HE, ARE THERE GUTTERS NOW? OH NO, [01:50:02] HE HAS, HE HAS TO PUT THEM IN. THEY'RE NOT THERE. OKAY. OH, BECAUSE THEY STOPPED HIS WORK. HE, THEY, HE WASN'T ABLE TO FINISH. AND IS THERE ROOM TO PUT GUTTERS AND STILL STAY WITHIN THE PROPERTY LINE? MM-HMM. HE SAYS THERE IS ROOM. HE'S, HE'S NOT, HE'S ANSWERING A QUESTION YOU'RE NOT ASKING. OKAY. SO, UH, HE'S SAYING THE WATER DOESN'T FALL IN THAT DIRECTION. UM, UH, SO HE SAYS THERE IS ROOM FOR GUTTERS ON THAT SIDE. OKAY. MANNA MR. SORRY. UM, SO, SO TWO QUESTIONS I GUESS. SO FIRST QUESTION IS, UM, YOU, YOU ALTERED THE BASIC SHED THAT WAS PREVIOUSLY THERE. DID YOU MOVE IT CLOSER TO THE FENCE LINE WHEN YOU WERE DOING A CHANGE? 10 INCHES. THERE'S 10 INCHES TO THE END OF THE PROPERTY LINE. SO, SO THERE'S CURRENTLY 10 INCHES OR THAT'S HOW MUCH OF A CHANGE YOU MADE? IT HAS IT NOW 10 INCHES. YEAH. PICTURE DOESN'T, THERE'S A LOT OF QUESTIONS I HAVE ON THIS CASE, INCLUDING THE FLOOR OF THE, UH, THE, UH, ORIGINAL FLOOR PLAN, THE 50% LOT COVERAGE, UM, IN THIS CASE, I MEAN, I'M WONDERING IF THERE'S REASON ENOUGH TO ASK FOR CONTINUANCE, ASK HIM TO COME BACK WITH SOME MORE INFORMATION, INCLUDING THE SIDE SETBACKS, THE FLOOR AREA COVERAGE. I CAN SUPPORT THAT. MR. MA, WOULD YOU LIKE TO MAKE A MOTION THEN FOR CONTINUANCE? SO DO WE HAVE A DATE WHERE WE COULD CONTINUE SUE? 25TH. 25TH. SO I MOVE THAT WE CONTINUE TO THE 25TH SO THAT THE APPLICANT COME BACK, UM, WITH SOME MORE DETAILS FOR US. I JUST WANNA POINT OUT THAT THAT'S NEXT MONDAY. DO Y'ALL FEEL THAT THAT'S ENOUGH, ENOUGH TIME? WE'RE JUST, I THINK WE'RE ASKING FOR DETAILS ON HIS PROPERTY THAT HE SHOULD BE ABLE TO COME BACK WITH. I THINK SO. I DON'T THINK WE'RE ASKING. JUST MAKING CHECK. HE'S JUST TELLING ME THAT HE BROUGHT THIS WITH, UH, MEASUREMENTS AND NOT JOTTED DOWN ON THIS. THAT HE HAS NOT TURNED IN BEFORE. THAT YOU HAVE NOT SEEN. THAT'S, THAT'S FINE. HE THINKS THIS MAY BE SOMETHING THAT INFORMATION THAT YOU MAY NEED, BECAUSE WE CAN PUT IT ON THE SCREEN. REGIONAL MEASUREMENTS OF DO WE HAVE THAT IS MOTION FOR ALSO IF I CAN JUST MAKE A REQUEST. I KNOW THAT THEY, THAT THE, UM, THE RESIDENT HAD BROUGHT IN A PLAN. IF WE CAN JUST ALSO IDENTIFY WHAT THE OTHER SQUARES ARE LIKE, WHAT THOSE, LIKE IF IT'S A CARPORT OR WHATEVER THE CASE MAY BE, JUST SO WE CAN HAVE A, A INCLUSIVE UNDERSTANDING OF WHAT, WHAT I'M LOOKING AT ON THE PLAN SET. BECAUSE I KNOW THAT WE HAVE IDENTIFIED THE EXISTING HOUSE AND THE SHED. YEAH. BUT IF I CAN ALSO UNDERSTAND LIKE IF IT'S A CARPORT, IF IT'S AN ADDITIONAL, YOU KNOW, UH, UH, COVERAGE STRUCTURE. I JUST WANNA UNDERSTAND WHAT WE'RE LOOKING AT. ESPECIALLY IF WE'RE CONSIDERING THE 50% PROPERTY THAT'S GONNA BE IMPORTANT TO ME IS A 50% COVERAGE. SO CAN WE TAKE A ROLL CALL VOTE OR CAN WE DO OKAY. AND THIS IS THE ONLY THING, MR. MR. CHAIRMAN, THIS IS THE ONLY THING WE'LL BE LOOKING AT FOR THE NEXT TIME. WE'RE NOT ADDING SUBTRACTING ANYTHING. NO, WE'RE ASKING HIM TO COME BACK WITH, UH, DETAILED PLANS OF WHERE THE SETBACKS ARE AND THEN THAT 50% LOT COVERAGE. SO, UH, ALL SO THE, THE MOTION IN FRONT OF US IS CONTINUOUS TILL NEXT MONDAY. ALL OF EVER ALL IN FAVOR SAY AYE. AYE. ANY AGAINST AN A? THE AYES HAVE IT CONTINUOUS PASSES. SO HE'S GOT HOMEWORK FOR NEXT WEEK. OKAY. THANK YOU. THANK YOU. DO WE WANNA TAKE A BREAK OR WE'RE OKAY? LET'S TAKE A QUICK, UH, THE TIME IS 7 58. UH, THE BOARD OF ADJUSTMENT WILL TAKE A 10 MINUTE, I'M SORRY, 2 58. I'M OFF MY GAME. 2 58 IT JUST KIND OF RAN, RAN, RAN TOGETHER. OKAY. THE TIME IS 3 0 8. THE BOARD OF ADJUSTMENTS. IT'S BACK IN SESSION. UH, STAFF, CAN WE BEGIN WITH THE NEXT CASE PLEASE? BO O A DASH 23 DASH 1 0 3 0 0 2 21. ADDRESS [01:55:01] IS 1 4 6 NAVARRO STREET IN CITY COUNCIL DISTRICT ONE. THE APPLICANT IS BH 1 46 NAVARRO STREET, L L C. AND THE REQUEST IS FOR A 39 FOOT 11 INCH VARIANCE FROM THE MINIMUM 40 FOOT THROAT LENGTH TO ALLOW A PARKING LOT WITH A ONE INCH THROAT LENGTH. AND THE CURRENT ZONING IS THE DOWNTOWN DISTRICT. THE SUBJECT PROPERTY IS LOCATED ALONG NAVARRO STREET, NEAR THE INTERSECTION OF EAST NEVA AND SOUTH ST. MARY'S. UPON REVIEW BY A DEVELOPMENT SERVICES STREETS DEPARTMENT, IT WAS NOTED THAT THE APPLICANT WOULD NEED TO OBTAIN A VARIANCE FROM THE MINIMUM DRIVEWAY THROAT REQUIREMENT OF 40 FEET. THROAT LENGTH IS THE LENGTH EXTENDING FROM THE ENTRY INTO THE SITE AT THE PROPERTY LINE TO THE FIRST CONFLICT OR INTERSECTION WITH THE PARKING AISLE. THE APPLICANT IS PROPOSING TO HAVE A ONE INCH DRIVEWAY THROAT BECAUSE THE ELIMINATION OF A DRIVEWAY THROAT IS NOT PERMITTED. AN ADMINISTRATIVE VARIANCE IS PERMITTED UP TO 20 FEET. HOWEVER, A VARIANCE IS REQUIRED IF THE REQUEST IS FOR UNDER 20 FEET. AND THIS IS THE SITE PLAN AND THIS IS A SUBJECT PROPERTY AND THIS IS AN ALTERNATE VIEW. AND THE SURROUNDING AREAS STAFF RECOMMENDATION FOR THE DRIVEWAY THROW VARIANCE STAFF RECOMMENDS A DENIAL AND BO O A DASH TWO THREE DASH 1 0 3 0 0 2 2 1 BASED ON THE FOLLOWING, UH, ONE THE MINIMUM DRIVEWAY THROAT LINKS ARE ENFORCED FOR THE SAFETY OF VEHICULAR TRAFFIC FOR THOSE, UM, ENTERING THE PARKING LOT. AND THIS WAS THE NOTIFICATION PLAN. STAFF MAILED OUT 23 NOTICES, UH, ZERO IN FAVOR, ZERO IN OPPOSITION. AND WE HAD NO RESPONSE FROM THE DOWNTOWN NEIGHBORHOOD ASSOCIATION. AND THAT CONCLUDES STAFF'S PRESENTATION. AND THE APPLICANT IS PRESENT. I HAVE A QUESTION. DOES STAFF HAVE AN ALTERNATE RECOMMENDATION HERE OR IS THERE ANY OTHER SO THEY CAN APPLY FOR A 20 FOOT ADMINISTRATIVE VARIANCE, UH, WHICH WOULD BE'S GONNA BE OUR ALTERNATE RECOMMENDATION, BUT SINCE IT'S ADMINISTRATIVE VARIANCE, WE DIDN'T PUT IT ON THERE. IS THERE ANY WAY THIS PROPERTY WOULD BE ABLE TO MEET EVEN A 2020 FOOT ADMINISTRATIVE, UM, VARIANCE? THEY WOULD LOSE TWO PARKING SPACES, UM, IF THEY HAD THE 20 FOOT VARIANCE. GOTCHA. OKAY. MANNA, MR. MAD. SO, SO IS IT THE INTENTION TO BRING THIS, THE GARAGE DOWN AND PUT UP A NEW FACILITY OR ARE WE TALKING ABOUT GETTING CORRECT? THERE'S A NEW PARKING AREA TO THE NORTH OF THE CURRENT PARKING AREA. OH, IT'S TO BRING THIS PROPERTY? CORRECT. GOTCHA. I HAVE A QUESTION. . OKAY, SO THEY'RE GONNA TEAR DOWN THE OLD PARKING LOT THAT'S THERE THAT WILL BELONG TO C P S AND NOW IT'S PART OF LA THAT LATA USES. SO THEY'RE GONNA TEAR IT DOWN AND MAKE A NEW ONE? NO, IT'S, CAN YOU GO BACK TO THE AERIAL PICTURE? BECAUSE AS FAR AS I KNOW THAT PARKING LOT'S BEEN THERE FOR MORE YEARS THAN I CAN COUNT. IT'S THIS PORTION RIGHT HERE. WHICH PORTION? WHAT ARE, WHAT ARE YOU GONNA DO WITH THAT PORTION? THAT'S, THAT'S WHERE THEY'RE PUTTING IN THE PARKING LOT. OH, IT'S AN ADDITIONAL PARKING LOT, CORRECT. ADDITIONAL NORTH OF THE EXISTING. OH, OKAY. ALRIGHT, I GOT IT NOW, MS. PICASSO. SO I GUESS I HAVE A FEW QUESTIONS. UM, SO I GUESS IF, WHAT IF THEY DO EXTEND IT, WOULD THAT MEAN THAT THE WHOLE STRUCTURE WOULD JUST LIKE LOSE WHATEVER GRANDFATHERED IN CODING THAT IT WOULD HAVE AND THEY WOULD HAVE TO JUST ADHERE TO ALL OF IT OR JUST THE NEW PART ITSELF? UM, AS FAR AS THE BUILDING YOU MEAN? CORRECT. I DON'T THINK SO. SO, SO THEY'RE, THEY'RE NOT REMOVING ANY PART OF THE BUILDING. IT'S THE, UM, KIND OF THAT FRONT AREA, UM, THAT KIND OF LIKE DECORATIVE AREA, UM, WHERE PEOPLE ARE I UNDERSTAND MY, MY QUESTION IS THAT BECAUSE THEY ARE GOING TO BE, UH, THEY'RE GONNA BE CHANGING THE CURRENT STRUCTURE 'CAUSE THEY'RE GONNA BE ADDING IS WHAT WAS WAS SUGGESTED, RIGHT? SO IF THEY'RE GONNA BE ADDING TO THE CURRENT STRUCTURE, WILL THAT, WILL THERE BE ANY OTHER COMPLIANCE ISSUES WITH THE OVERALL STRUCTURE? BECAUSE THEY WOULD LOSE WHATEVER GRANDFATHERED IN, YOU KNOW, UH, YEAH, THEY'RE, THEY'RE NOT DOING IT ANYTHING TO THE ACTUAL BUILDING. ALL THEY'RE DOING IS ADDING PARKING TO THE LOT TO THE PROPERTY. SO IT'S A SEPARATE, SEPARATE STRUCTURE TO WHATEVER'S THERE ALREADY? WELL, THERE'S NOT GONNA BE A STRUCTURE BUILT, IT'S JUST A PARKING AREA. SO THE BUILDING ITSELF WON'T BE, UM, AFFECTED MM-HMM. . OKAY. AND TO ANSWER YOUR QUESTION, IT WILL REMAIN EXISTING NON-CONFORMING. OKAY. AND THEN ADDITIONALLY, I HAD MADE THIS REQUEST OFFLINE, BUT I'D LIKE TO MAKE IT ON THE RECORD. I, I WOULD REQUEST THAT WE RECEIVE THE [02:00:01] SCHEMATICS OR ANY TYPE OF, UH, RENDERINGS OF THE, UM, OF THE SITE PLANS AS AN ADDITIONAL DOCUMENT JUST BECAUSE THESE ARE VERY PIXELATED AND FOR, FOR CIRCUMSTANCES LIKE THIS, I JUST WANNA BE ABLE TO HAVE A CLEAR PICTURE WHAT WE'RE LOOKING AT. THEY, THAT IS ACTUALLY WHAT, WHAT IT IS. IT'S REALLY NOT MUCH CLEARER THAN THAT. WHAT WE HAVE THE ORIGINALS, THEY'RE ALWAYS, THESE ARE USUALLY HAND DRAWN. IT ISN'T UNTIL YOU GET LIKE SOMEBODY THAT, THAT COMES IN THAT'S DOING A BIGGER PROJECT, LIKE A DEVELOPER WHERE YOU'LL YOU'LL SEE THE BETTER SITE PLANS. BUT A LOT OF THESE ARE JUST HAND DRAWN. THIS LOOKS LIKE IT'S A, A, A CATTED UP, UH, SCHEMATIC. SO I WOULD LIKE TO SEE A CLEAR RENDERING OF THE, OF THE, OF THE SCHEMATICS. I UNDERSTAND WHEN IT'S BECOMES LIKE A SKETCHED UP PROPERTY. WE'RE ONLY GONNA GET SO MUCH CLARITY ON THAT. BUT FOR CIRCUMSTANCES LIKE THIS, ESPECIALLY IF WE HAVE AN OPPORTUNITY TO HAVE A MORE TECHNICAL UNDERSTANDING OF WHAT THE PROP OF THE DESIGN IS, I WOULD REALLY LIKE TO HAVE AN ADDITIONAL DOCUMENT FOR THAT SO I CAN SEE THAT CLEAR. AND COMMISSIONER, JUST TO CLARIFY, THE ONE, THE ITEM ON THE AGENDA IS NOT SUFFICIENT IN THE IN PRIME GOV, YOU'RE WANTING SOMETHING SEPARATE BESIDES WHAT'S IN THE AGENDA, CORRECT? JUST AN ADDITIONAL, I JUST WANNA SEE THE S SCHEMATICS AS A SEPARATE DOCUMENT FROM THE POWERPOINT BECAUSE IT IS, IT'S, IT'S BEING PLACED IN HERE AS A, AS AN IMAGE AND IT'S PIXELATING, THE, THE, THE PLAN, RIGHT? SO THIS IS THE POWERPOINT, BUT THERE'S ALSO THE SAME DOCUMENT IS IN THE ACTUAL AGENDA THAT'S POSTED. UM, AND SO THAT MIGHT BE A BETTER WAY TO SEE IT, BUT IF IT'S NOT, WE CAN TALK ABOUT, UM, SENDING IT INDIVIDUALLY WHEN WE SEND OUT THE NOTICES THAT MORNING OF UM, WHEN WE START TO SEND OUT NOTICE INFORMATION FOR THE AGENDA. THAT'S MY REQUEST. THANK YOU. THANK YOU. THAT'S MANNA. SO, UM, THE QUESTION, I HAVE THIS, UH, FOR STAFF HERE. SO, UM, THE ADDRESS IS LISTED AS 1 4 6 NAVARRO STREET, UM, FOR THE STRUCTURE AND THE ADDITION IS BEING ADDED ONTO SOUTH PRESA. UM, AND MY ASSUMPTION BY LOOKING AT THE CURRENT SOLUTION AS THE CURRENT GARAGE HAS THE SAME CHALLENGE WITH THE GARAGE TO THE THROAT, UM, OFF OF NAVARRO. AND IS IT THAT WE'RE ASKING FOR THE SAME KIND OF VARIANCE FOR SOUTH PRESA? 'CAUSE THAT'S WHERE THEY'RE GONNA PUT THE ENTRANCES. IS IT, IS THAT WHAT'S BEING PLANNED HERE? RIGHT. UM, SO OBVIOUSLY THE PROPERTY GOES FROM NAVARRO TO SOUTH PRESA, UM, AND THIS IS THE ENTRANCE ON SOUTH PRESA THAT'S JUST REQUESTING IT. UM, ARE YOU TALKING ABOUT A SIMILAR VARIANCE TO THE EXISTING PARKING LOT? YEAH. AND SO, SO IF YOU GO ON, YOU KNOW, THE BUILDING'S BEEN THERE FOREVER NORTH, UH, ON NAVARRO, IT, IT HAS THE SAME CHALLENGE AND I THINK IS, IT'S KIND OF THE SAME THING WITH REGARDS TO THE THROAT DIALOGUE, I'M ASSUMING. UM, SO SO IS IT, IS IT A DIFFERENT STRUCTURE ON THE BACKSIDE THAT THEY'RE PROPOSING? NO. THERE, THERE'S NO MORE STRUCTURES. IT'S JUST A, A FLAT SURFACE. ALL WEATHER PARKING LOT WAS STRIPING AND SO THE EXHIBIT IS LOOKS LARGER, BUT YOU'RE ONLY LOOKING AT THE SPACE WHERE THE X IS. AND THEN THE REASON THAT ADDRESSING WAS USED IS THAT'S HOW IT'S ADDRESSED IN THE SYSTEM, BUT IT PERTAINS TO THE ENTIRE PROPERTY, EVEN THOUGH IT FRONT FRONTS OFF OF THAT STREET. SO WILL NOT BE A RAISED A MULTI-LEVEL STRUCTURE? NO, SIR. COULD BE STREET LEVEL ONLY. IT IS STREET LEVEL. PERFECT, THANK YOU. I HAVE A QUESTION KAPLAN, MS. KAPLAN. OKAY, SO, UH, IS THERE, CAN YOU GO BACK TO THE OTHER PICTURE OF WHERE THAT LOT'S GONNA BE? OKAY, SO I SEE THIS CIRCLE, UH, THEY GOING TO TAKE OUT THE PLANTERS. IS THAT, ARE THEY GOING TO KEEP THE PLANTERS THERE? THE APPLICANT IS PRESENT AND PROBABLY CAN HELP ADDRESS A LOT OF THESE QUESTIONS OF THE SCOPE OF THE PROJECT. I'D LIKE TO SEE WHERE THE PARKING IS GOING TO BE SAID, THE DESIGN QUESTIONS FOR THE APPLICANT. THANK YOU. ALL RIGHT, NO OTHER QUESTIONS FROM STAFF? OKAY, LET'S, UH, BRING THE APPLICANT FORWARD AND UH, THANK YOU FOR YOUR PATIENCE AND LET'S HEAR ABOUT THE PLAN. ALRIGHT, GOOD AFTERNOON. UH, I AM JESSICA MILLIGAN. I WORK FOR GARZA, E M C. I'M THE CIVIL ENGINEER ON THE PROJECT. UM, AND I AM HERE ON BEHALF OF THE PROJECT OWNER. SO YES, UM, THIS IS NOT PROPOSING ANY VERTICAL STRUCTURE. THIS WILL BE A COMPLETE DEMO OF THE EXISTING PLAZA, INCLUDING THE PLANTER STEPS, THE CAPPED FOUNTAIN, ALL OF THAT WILL BE DEMOLISHED AND REPLACED WITH THE SURFACE PARKING LOT. THERE WOULD BE NO VERTICAL, UM, ADDITIONS. SO I JUST WANTED TO, TO CLARIFY THAT. UM, FOR THE VARIANCE, WE HAVE, UH, THREE POINTS IN OUR ARGUMENT. UM, THE FIRST IS THE EXISTING CONDITIONS. THIS LOOKS A LOT BETTER THAN WHAT IT LOOKS LIKE RIGHT NOW. THIS IS FROM 2022 RIGHT NOW. IT IS, UH, PERIMETER CONSTRUCTION FENCING. IT'S PARTIALLY DEMOLISHED. IT, YOU KNOW, IS AN EYESORE TO SAY THE LEAST. UM, GO AHEAD. OH NO. AND SO, YEAH, THE PERIMETER IS LINED WITH CONSTRUCTION FENCING AT THE MOMENT. AND THEN, SO [02:05:01] THIS RIGHT HERE USED TO BE A FOUNTAIN THAT WILL BE DEMOLISHED. ALL OF THESE, UM, RAISED PLANTER BEDS, THE STAIRS, UM, ALL OF THIS WILL BE, UM, TAKEN OUT FOR THE ADDITION OF THE SURFACE PARKING LOT. ALRIGHT, THANK YOU. LET'S SEE IF WE HAVE ANY QUESTIONS, RUTH, MS. CRUZ. AND I KNOW I'M PROBABLY ASKING A SILLY QUESTION, SO, BUT I'M STILL GONNA ASK IT. SO NSA IS GOOD WITH THIS BECAUSE, UH, YOU KNOW, THAT'S ONE OF OUR FAVORITE SPOTS FOR NSA AND THAT IS ALL THE, ALL THE OTHER THINGS THAT THEY HAVE THERE FOR OSA. IT'S A FIESTA FOR FIESTA, YES. YES. SO THE PROPERTY, THEY DO LET, UM, THE PUBLIC, UM, ACCESS THIS PROPERTY FOR FIESTA AND THEY WILL CONTINUE TO DO THAT. UM, OH, OKAY. THIS PARKING LOT WILL BE, UH, PUBLIC ACCESS, SO IT WILL ADD ADDITIONAL, UH, PUBLIC PARKING FOR FIESTA AND OTHER EVENTS AND, YOU KNOW, THE NEIGHBORING BUSINESSES AND RIVERWALK. THANK YOU MS. CRUZ. MS. KAPLAN, HOW MANY SPACES ARE YOU PLANNING TO PUT IN THERE? AND IF WE DON'T GRANT YOU THE VARIANCE, HOW MANY SPACES WOULD YOU LOSE? SO CURRENTLY WE ARE PROPOSING 14 SPOTS. THAT'S 13 STANDARD AND ONE ACCESSIBLE WITH THE THROAT LENGTH OF 40 FEET. SO AT THE ENTRANCE, THE PROPERTY DEPTH IS ABOUT 67 FEET. SO WE WOULD LOSE ESSENTIALLY THE ENTIRE ROW OF THE ENTRANCE, WHICH WOULD BE AT LEAST TWO OF THE PARKING STALLS. YES. AND FOR STAFF, THE INTENT OF THE THROAT IS TO CONTROL WHAT? JUST, UM, HAVE STACKING QE STACKS FOR PARKING. UM, THAT'S, THAT'S THE INTENT OF THE BOAT? YES. SORRY. IN GENERAL. AND THEN IT ALSO, UH, HELPS WITH, UM, EMERGENCY VEHICLES AT TIMES. OKAY. YEP. MS. PICASSO, DOES THIS HAVE TO GO TO O H P OR ANYBODY ELSE GIVEN THAT IT IS IN THE HISTORIC DISTRICT OF LATA AND IT WOULD BE CHANGING? YES. UH, WE DID FORWARD THIS APPLICATION TO H P, UM, I BELIEVE THAT, I'M NOT SURE IF THE APPLICANT HAD A CONVERSATION WITH THEM ALREADY. YEAH, WE HAVE IT SCHEDULED FOR WEDNESDAY OF THIS WEEK. SO WE DON'T HAVE ANY, ANY UNDERSTANDING OF WHAT THEIR OPINION IS ON THIS YET. WE DO NOT. OKAY. NO MA'AM. WOULD THAT BE MORE A DESIGN CONTROL OR DO THEY CORRECT. IT'S MORE OF A DESIGN CONTROL? THAT'S CORRECT. WE'RE NOT GOING TO HAVE INPUT ON THROAT LANES AND STUFF OR PARKING. I WOULD IMAGINE SO. UH, IF YOU COULD USE YOUR MICROPHONE, I CAN HEAR YOU BETTER. , I'M SAYING YOU PROBABLY AREN'T, AREN'T GONNA HAVE COMMENTS ON THROAT LANES FOR PARKING. IT'S PROBABLY MORE OF A SIGN, CORRECT? CORRECT. YEAH, NO, IT'S MORE ABOUT THE DESIGN. MM-HMM. . YEAH, I WOULD, I WAS JUST SAYING THAT WE'RE GOING FROM HAVING A PLACE WHERE THERE WAS A WATERFALL AND PEOPLE WOULD CONGREGATE THEIR PEDESTRIAN. IT WOULD BE A, IT USED END TO THE POINT OF MY OTHER, UH, COLLEAGUE. IT, IT CURRENTLY SITS AS A, UM, AREA FOR PEDESTRIANS TO CONGREGATE THERE DURING I OSSA NIGHT NIGHT OUT IN OLD SAN ANTONIO. SO YOU'RE SUGGESTING THAT IT WOULD GO FROM A PLACE OF PEDESTRIAN CONGREGATION TO A PARKING LOT FOR A, A, A PAID PARKING LOT FOR THAT EVENT? UM, YEAH, IF IT WAS 2022, BUT SINCE THOSE, UM, IMAGES WERE TAKEN, THE STREET VIEW, IT IS PARTIALLY DEMOLISHED. IT'S COMPLETELY SURROUNDED IN CONSTRUCTION FENCING. IT IS NOT SAFE FOR THE PUBLIC. OKAY. AND WE CAN PROVIDE THOSE ADDITIONAL PHOTOS. UH, DID I UNDERSTAND YOU, THIS IS A QUESTION TO THE STAFF FIRST. DID I UNDERSTAND THAT IF WE DENY THIS, DO YOU INTEND TO GRANT AN ADMINISTRATOR VARIANCE FOR THE 20 FEET? THE, UH, THE TRAFFIC SECTION IS THE ONE THAT WOULD EITHER GRANT OR DENY THAT. UM, SO IT WOULDN'T BE ZONING, IT WOULD BE THE TRAFFIC SECTION THAT WOULD, SO YOU DON'T KNOW? UH, WE DON'T KNOW. OKAY. WELL, UM, DO WE HAVE ANY IDEA WHAT THAT WOULD DO TO THE NUMBER OF PARKING SPACES? SO IF THEY FULLY GET DENIED HERE AND DON'T GET THE ADMINISTRATIVE VARIANCE, I BELIEVE THEY'RE GONNA LOSE FOUR PARKING SPACES. IF THEY GET THE ADMINISTRATIVE, IF THEY LOSE THIS ONE AND GET THE ADMINISTRATIVE VARIANCE, THEY LOSE TWO PARKING SPACES. OKAY. THAT IS CORRECT. RIGHT. MR. MANNA. SO COULD YOU BRING UP, UH, GOOGLE DRIVE AND, AND PUT US ON SOUTH PRESA AND ON THE LOT NEXT TO THE LOT THAT WE'RE TALKING ABOUT? AND THE QUESTION I HAVE FOR CITY STAFF IS, UM, IS THE LOT NEXT TO IT. SO, SO, SO BACK UP A LITTLE BIT. YOU DRIVE THAT WAY. DRIVE ONE MORE AND THEN TURN BACK AROUND. THERE WE GO. OKAY. SO, SO IS THAT LOT THERE ALSO HAVE THE SAME CHALLENGE WITH REGARDS TO THE THROAT LENGTH AND ALL OF THAT? SO, SO ARE THEY LOOKING AT SOMETHING ALONG THE SAME LINE THERE? SO I, I'M, UM, SO THIS IS THE, THIS IS THE CUTOFF FOR THE PROPERTY LINE. SO THIS IS AN ENTIRELY DIFFERENT PROPERTY. UM, UNDERSTOOD, BUT JUST TRYING TO UNDERSTAND WHAT'S ADJACENT TO IT OR A BUDDY CORRECT. TO SEE IF IT'S THE SAME. THEY HAVE THE SAME ISSUE. SAME ISSUE. AND SO, SO THIS LOT'S BEEN THERE FOR QUITE SOME TIME. UM, CORRECT. SO I GUESS IT'S BEEN THERE A LONG TIME. MM-HMM. . SO, UM, SO WOULD THIS BE CONSIDERED A NON-CONFORMING LOT? AND THEN NOW THAT WE'RE [02:10:01] TRYING TO ADD A NEW LOT, THAT'S WHY IT IS THAT WE'RE HERE HAVING DISCUSSION? YES, BECAUSE THE, THE STANDARDS CHANGE ALL OF THE TIME. SO AT THE TIME THAT THAT WAS REVIEWED FOR THAT PARKING, THAT IT WAS ACCEPTABLE AT THIS TIME. UM, NOW THERE'S THIS REQUIREMENT, WELL THE STANDARDS CHANGE EVERY FIVE YEARS, RIGHT? ? NOT ALL THE TIME. . ANY OTHER QUESTIONS FOR STAFF OR FOR THE APPLICANT STAFF? DO WE HAVE ANY, UM, VOICEMAILS OR PUBLIC COMMENTS TO BE READ IN YOUR MICROPHONE'S NOT WORKING STAFF? DO WE HAVE ANY VOICEMAIL OR PUBLIC COMMENTS TO BE READ IN? NO PUBLIC COMMENT. ALRIGHT. OH, ACTUALLY, I'M SORRY. UH, NO NEVERMIND. NO PUBLIC COMMENT. OKAY. UM, ANY OTHER COMMISSIONER QUESTIONS BEFORE WE CLOSE THE PUBLIC PORTION? I ASK THE APPLICANT, YOU'VE HEARD, I GUESS SOME OF THE COMMENTS, WOULD YOU LIKE A FINAL REBUTTAL OR, YEAH, I GUESS, UM, I WOULD JUST LIKE TO REITERATE THAT THE SITE DOES NOT LOOK HOW IT LOOKS IN THAT PICTURE. IT IS HALF DEMOED, SURROUNDED IN CONSTRUCTION FENCING. YOU KNOW, THE SOONER WE CAN GET THAT CLEANED UP, THE BETTER FOR THE CITY. UM, WITH THIS DEVELOPMENT, WE WOULD BE INSTALLING SIX FOOT SIDEWALKS, SO THAT WOULD INCREASE PEDESTRIAN SAFETY. WE WOULD BE ENHANCING THE LANDSCAPE, UH, WHICH WOULD BE MAINTAINED ALONG THE RIGHT OF WAY. UM, AND THEN I WOULD LIKE FOR YOU TO CONSIDER SOME OF THE SITE CONSTRAINTS, WHICH INCLUDE THE MINIMUM, UM, DEPTH OF THE LOT. SO WE'VE GOT ABOUT 67 TO 87 FEET FROM THE FACE OF THE BUILDING TO THE PROPERTY LINE. SO THAT, UM, IS A CONSTRAINT FOR THIS, UH, DEVELOPMENT. AND THEN LASTLY, I WOULD LIKE TO, UM, JUST REITERATE THE NEIGHBORING CHARACTERISTICS THIS MEETS, UM, AND IS IN LINE WITH THE ADJACENT PARKING LOT. AND THEN IF YOU GO ACROSS NAVARRO, THERE'S ALSO, UM, SEVERAL SURFACE PARKING LOTS WITH MINIMAL IF AT ANY THROAT LENGTH TO THOSE DRIVEWAYS. SO IT IS, UM, SOMETHING THE PUBLIC IS USED TO, YOU KNOW, DEALING WITH IN THIS AREA. THANK YOU MUCH. MM-HMM. . ALL RIGHT. AT THIS POINT I'D ASK FOR A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION I, MS. KAPLAN. OKAY, THIS IS 2, 2, 1. OKAY. REGARDING CASE NUMBER BO EIGHT DASH 23 DASH 1 0 3 DASH 2 21, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A 39 FOOT 11 INCH VARIANCE IN THE MINIMUM 40 FOOT THROAT LENGTH TO ALLOW A PARKING LOT WITH ONE INCH THROAT LENGTH SITUATED AT 1 46 NAVARRA BOULEVARD. APPLICANT BEING GARZA E M C. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY DRIVEWAY THROAT LANES FOR VEHICLE CIRCULATION. STAFF FINDS THIS REQUEST, WHICH WILL NOT INFRINGE AN INTEREST OF THE PUBLIC. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE SPECIAL CONDITION FOUND IS THE SIZE OF THE PROPERTY ABIDING BY THE DRIVEWAY. THROAT REQUIREMENTS WOULD RESULT IN AN UNNECESSARY HARDSHIP AS REDUCTION IN PARKING AREAS WOULD BE DRASTICALLY REDUCED. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE, OF THE LAW. IN THIS CASE, THE INTENTION IS FOR MAC MINIMUM DRIVEWAY THREAT REQUIREMENTS TO ENSURE SAFE AND EFFICIENT TRAFFIC FLOW, THE REQUESTED VARIANCE WILL OBSERVE THIS REQUIREMENT FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE DRIVEWAY THROAT LENGTH WOULD BE REDUCED, WHICH WILL NOT INTERFERE WITH THE FLOW OF TRAFFIC ON THE VARO STREET. SIX, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND DO NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SO IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE APPLICANT NOT HAVING SUFFICIENT SPACING ON THE PROPERTY FOR THE PROPOSED USE. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION. SECOND, SECOND. SECOND. I SEE YOU MS. ALRIGHT. UH, MS. KAPLAN? WELL, I GUESS I'M FOR IT. UM, THIS IS A, LIKE, I I WOULD ASSUME THAT THERE IS NEED FOR EXTRA PARKING AND DENYING YOU THIS VARIANCE, [02:15:01] UH, WHEN THE PARKING LOT NEXT TO YOU HAS A, A SIMILAR, UH, ISSUE ON THROAT LENGTH. UM, WOULDN'T BE FAIR. AND OBVIOUSLY THERE'S A NEED FOR PARKING DOWNTOWN. THAT'S IT, MS. CRUZ. I CONCUR WITH, UH, WITH MS. KAPLAN. UM, IT WILL BE A STRETCH, BUT I GUESS WE CAN PUT IN ANOTHER PARKING LOT. THANK YOU. MANANA. I'M SUPPORTING THE, OH, MR. MANANA. SO, SO, UH, JUST A NOTE FOR CITY STAFF. SO, SO THE PHOTOS THAT WERE PROVIDED FOR US WITH THE SUPPORT PACKET WERE ALL THE FRONT OF THE OTHER BUILDING AND REALLY NOT THE PARKING LOT THAT WE'RE REALLY TALKING ABOUT THIS WHOLE TIME. RIGHT? SO THAT'S WHY LOTS OF US WERE CONFUSED. YEAH, WE APOLOGIZE. WE WERE TRYING, WE WERE, FOR SOME REASON WE COULDN'T GET BACK THERE THE DAY THAT WE WERE DOING SITE VISITS. UM, AND, UM, AND THEN I'LL MISS WHERE MARIA'S TORTILLAS ARE, SO I'LL HAVE TO FIND OUT WHERE THEY PUT 'EM AT . WE WILL NOTE THAT IN STAFF ROOM . AND I'M SUPPORTING THE MOTION AS WELL. I THINK THE, UH, SIX FOOT SIDEWALKS ARE GONNA BE AN IMPROVEMENT ALONG SOUTH PREA STREET. UH, ALSO, UH, YOU LOOK AT THE SURROUNDING PARKING LOTS AND THEY DO NOT HAVE THE SAME, UH, THROAT REQUIREMENTS AS THIS PROPERTY. SO IT DOES ADD A NEEDED PARKING AND LEVEL SURFACE, AND I THINK IT'LL BE A GOOD ADDITION TO THE AREA. SO HEARING, UH, NO OTHER COMMENT. OH, I'LL ALSO BE SUPPORTING THIS JUST BECAUSE AGAIN, THE, THE, UM, THE, THE LOT RIGHT NEXT TO IT HAS THE SAME THING THAT YOU'RE REQUESTING TODAY. HOWEVER, I WOULD LIKE TO HAVE SEEN SOME TYPE OF FEEDBACK FROM THE OTHER, UH, DEPARTMENTS PRIOR TO COMING HERE JUST SO IT COULD HELP SUPPORT WHERE THEY ARE AS WELL. UM, BUT I WILL BE SUPPORTING THIS IF IT IS PRETTY CLEAR. CUT. WELL, I WOULD LIKE TO NOT SEE ANOTHER PARKING LOT DOWNTOWN. UM, IT'S FINE. THANK YOU. CAN WE TAKE A ROLL CALL? VOTE PLEASE. MS. KAPLAN? I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. DR. BURTON? YES, I CONCUR. MS. PICASSO? YES, MR. DEAN. I DO NOT CONCUR. MR. ZUNIGA. I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. VEZ. I CONCUR. MS. VASQUEZ I CONCUR. MR. EZ I CONCUR. MR. OZUNA? YES. I CONCUR WITH TENANT FAVOR. ONE AGAINST THE MOTION PASSES. UH, PLEASE GET WITH STAFF. THANK YOU. THANK YOU. NEXT CASE, PLEASE. BO O A DASH TWO THREE DASH 0 3 0 2 2 5. ADDRESS IS 1 6 1 1 SOUTH G STREET IN CITY COUNCIL DISTRICT TWO APPLICANT BEING ALLEN RARO. AND THE REQUEST IS FOR A ONE FOOT SPECIAL EXCEPTION FROM THE UH, THREE FOOT FRONT YARD FENCE SITE REQUIREMENT TO ALLOW A FOUR FEET SOLID SCREEN FENCE IN THE FRONT YARD. AND TWO, A REQUEST FOR A NINE FOOT VARIANCE FROM THE MINIMUM 15 FOOT DRIVEWAY CLEAR VISION REQUIREMENT TO ALLOW A SIX FOOT DRIVEWAY CLEAR VISION. AND THE CURRENT ZONING IS R RMM FOUR. THE SUBJECT PROPERTY IS LOCATED ON THE CORNER OF SOUTH GOBER STREET AND ESSEX STREET. UH, PRIOR TO CONSTRUCTION, THE APPLICANT IS REQUESTING A SPECIAL EXCEPTION TO ALLOW A FOUR FOOT SOLID SCREEN FENCE IN THE FRONT YARD. THE MAXIMUM HEIGHT PERMITTED FOR SOLID SCREEN FENCES IS THREE FEET. UM, DUE TO THE PLACEMENT OF THE FENCE, THE APPLICANT WOULD ALSO NEED A VARIANCE TO DEVIATE FROM THE MINIMUM CLEAR VISION REQUIREMENT OF 15 FEET. UH, THE APPLICANT IS PROPOSING TO BE SIX FEET FROM THE FRONT YARD DRIVEWAY CURB. AND THIS IS THE SITE PLAN. UM, I WANT TO CLARIFY THAT IT'S ONLY ON THE MOST NORTHERN POINT, UM, PARCEL, NOT ALL THE OTHER ONES. AND THAT IS THE, UM, SUBJECT PROPERTY. AND THEN THIS IS THE SURROUNDING AREA. UH, STAFF RECOMMENDATION FOR THE OFFENSE SITE SPECIAL EXCEPTION, UM, STAFF RECOMMENDS A APPROVAL AND BO OA DASH TWO THREE DASH 1 0 3 0 0 2 2 5 BASED ON THE FOLLOWING. UH, ONE THE FENCE WILL ADD SECURITY TO THE SUBJECT PROPERTY AND ADJACENT PROPERTIES. UH, FOR THE CLEAR VISION. STAFF RECOMMENDS A DENIAL IN BO O A DASH 23 DASH 0 3 0 0 2 25 BASED ON THE FOLLOWING. UH, ONE TO OBSERVE THE SAFETY OF VEHICULAR TRAFFIC FOR THOSE TRAFFIC ALONG SOUTH S AND REVERSING FROM THE SUBJECT PROPERTY. THE VARIANCE TO THE CLEAR VISION STANDARDS APPEARS TO BE CONTRARY TO THE PUBLIC INTEREST. AND THIS WAS THE NOTIFICATION PLAN. STAFF MAILED OUT 26 NOTICES, UH, ZERO IN FAVOR, ZERO IN OPPOSITION. AND DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION IS OPPOSED OF THE REQUESTS. AND THIS IS THE NEIGHBORHOOD ASSOCIATION RESPONSE. AND, UH, THAT CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. ALL RIGHT, THANK YOU. LET'S SEE IF WE HAVE ANY QUESTION FOR STAFF CRUZ, MS. CRUZ, UM, ON ONE OF THOSE PICTURES, THAT ONE GO BACK RIGHT THERE. UH, SO IS IT ONLY ONE NEW HOME OR, OR [02:20:01] WHATEVER OR IS IT FOUR? AND WE'RE ONLY TALKING ABOUT A FENCE FOR ONE OF THEM, CORRECT? YES. IT'S ONLY GONNA BE ON THE, UH, IF YOU GO BACK TO THE SITE PLAN , UM, IT'S ONLY GONNA BE ON THAT TOP OR THE MOST NORTHERN, NORTHERN. USE THE POINTER JOSEPH. IT'S GONNA BE JUST ON THIS PROPERTY RIGHT HERE. OKAY? OKAY. FOR THE SEPARATION BETWEEN THAT PROPERTY AND THE NEXT DOOR NEIGHBOR, IS THAT CORRECT? UH, CORRECT. YES. IT'S GONNA BE A FRONT YARD FENCE. OH, OKAY. THAT'S WHAT I WANNA MAKE SURE. THANK YOU. YES. ALRIGHT, ANY OTHER QUESTIONS FOR STAFF? I HAD A QUICK ONE. HOW WAS THIS CASE ORIGINATED? UH, SO THE APPLICANT HAD, UM, CAME INTO D S D TO GET A PERMIT FOR A FENCE AND THEN THEY WERE INFORMED ABOUT THE CLEAR VISION. OKAY. AND THE FENCE SITE. SO THE FENCE IS NOT, OBVIOUSLY NOT UP YET, CORRECT? IT'S NOT. OKAY. SO, SO THE APPLICANT DID GET APPROVAL FROM PUBLIC WORKS, IS THAT TRUE? UH, THEY DID NOT GET PERMISSION OR APPROVAL FROM PUBLIC WORKS. UM, SO IF, SO BASICALLY HE IS PLANNING ON CONSTRUCTING IT WITHIN, HE WAS PLANNING ON CONSTRUCTING IT WITHIN THE RIGHT OF WAY. UM, HOWEVER, HE DID NOT GET PERMISSION FROM PUBLIC WORKS. UM, SO IF THIS IS GRANTED, IT WOULD BE FOUR FEET ALONG THIS PROPERTY LINE RIGHT OFF THE FRONT PROPERTY LINE, WHICH IS RIGHT HERE. AND COMMISSIONER, HE WAS COMING TO DEVELOPMENT SERVICES TO PROCESS HIS PERMIT AND WE ARE THE ONES WHO RECOMMENDED THAT HE COME HERE BEFORE HE, UH, WE ISSUE HIS PERMIT. OH, OKAY. YES. THANK YOU. ANY OTHER QUESTIONS FOR STAFF, UM, MS. KAPLAN? NO. OKAY. OKAY. AT THIS POINT I'D ASK THE APPLICANT TO PLEASE COME FORWARD. HOW YOU DOING? GOOD AFTERNOON. ALAN RERO? YES, SIR. I DON'T KNOW IF, IF WHAT THIS IS ASKING IS WHAT I NEED. UM, YOU JUST START WITH YOUR NAME AND ADDRESS PLEASE. UH, ALAN CAPARRO, 1611 SOUTH BEAVERS. UM, I WENT OVER THERE. THE, THE COMPANY WHO WAS GONNA DO THE FENCE BROUGHT US OVER THERE BECAUSE MY PLOT, MY PLA SHOWED THAT THE, OUR PROPERTY LINE, WHICH IS BEHIND THE PINK LINE. IS IT MY ACTUAL PROPERTY LINE? BUT MY GRASS GOES TO THE PINK. CAN YOU GET A, EXCUSE ME? CAN YOU GET A POINTER? OH YES. POINTER. POINTER. SO THIS IS THE PLAT LINE. THIS IS MY PROPERTY LINE, BUT MY DRIVEWAY AND GRASS GO ALL Y TO HERE. SO I'M ASKING, I'LL BUILD IT THROUGH, I'LL DO A THREE DIFFERENT FENCE, BUT I JUST WANT TO, IF I BUILD, IF I BUILD IT WHERE YOU SAY I HAVE TO BUILD IT, IT'S GONNA CUT MY YARD IN HALF AND MY DRIVEWAY IN HALF. OKAY. SO I WON'T BE ABLE TO PARK MY CAR IN THE DRIVEWAY. SO I DON'T KNOW IF THAT'S WHAT I WOULD, WHAT WAS SUPPOSED TO BE ASKING. 'CAUSE IT GOT MIXED UP BIG TIME. WHEN I CAME HERE, THE GUY TOLD ME TO PAY THE MONEY TO GO TO THIS HEARING AND STUFF AND THEN JOSEPH HIT ME UP WAS LIKE, YOU DEAL WITH PUBLIC WORKS FIRST. RIGHT. 'CAUSE THAT'S SO I DON'T KNOW WHAT'S GOING ON. SO YOU'RE LOOKING FOR A SETBACK VARIANCE REALLY? BUT FOR THE FENCE? YEAH. I JUST, LIKE I SAID, LIKE THIS, THIS IS WHERE MY LINE IS AT RIGHT HERE. I WANNA PUT IT HERE. HE WANTS HIS FENCE IN THE RIGHT OF WAY, WHICH YOU CANNOT CONSIDER. YOU CAN CONSIDER THE HEIGHT OF THE FENCE, BUT IT WILL, WHATEVER THAT HEIGHT ULTIMATELY IS GOING TO BE, WILL BE, HAVE TO BE ON HIS PROPERTY LINE. UNLESS HE GETS PERMISSION FROM PUBLIC WORKS. WE CAN'T, NONE OF US HAVE ANY AUTHORITY TO ALLOW SOMETHING IN THE PUBLIC RIGHT OF WAY. AND I TALKED TO MR. SADLER AT PUBLIC WORKS, BUT ALL HE TOLD ME WAS, I CAN'T BUILD FROM HERE, I CAN'T PUT ANYTHING FROM HERE TO THE STREET. YEAH. 'CAUSE YOU DON'T OWN ON THE DRAINAGE EASEMENT. YEAH. SO NOW I, I DIDN'T KNOW THIS WHEN I BOUGHT THE HOUSE, BUT SO I HEARD HER SAYING EARLIER IT COULD BE PURCHASED MAYBE. SO THERE'S A PROCESS IN ORDER TO DO THAT AND WE CAN TALK TO YOU AFTER. BUT IT'S NOT AN EASY PROCESS. I MEAN, I'M DONE, I'LL PAY, I'LL PAY WHATEVER, DO WHATEVER. LIKE I SAID, I'LL DO THREE FOOT FENCE. I DON'T CARE ABOUT THE HEIGHT. I JUST WANT MY FENCE TO BE OUT HERE INSTEAD OF, BECAUSE IT CUTS, I HAVE A TREE IN MY YARD. IT CUTS THE WHOLE YARD IN HALF THE TREE'S OUTSIDE. ANDM CUTS. I'M PUTTING A, A SLIDING. OKAY. UH, GATE, LET'S SEE IF WE HAVE ANY QUESTIONS. UH, MANANA. MR. MAN. UH, THIS IS A QUESTION MR. MANNA. FIRST, MR. MANUS WAS FIRST MR. Z. GO. OKAY, MR. ZU, AH, THIS IS FOR STAFF. SAY EVEN IF WE APPROVE IT, YOU KNOW, OR DISAPPROVE IT, BUT IF WE APPROVE IT, HE'S STILL NOT OUT OF THE WOODS, RIGHT? CORRECT. WE, YEP. SO WE CAN APPROVE IT, BUT STILL IT'S PUBLIC WORKERS SAY NO. CORRECT. AND, AND JUST TO BE CLEAR, YOU'RE NOT APPROVING ANYTHING IN THE RIGHT OF WAY. THAT'S NOT WHAT YOU WELL THAT YEAH, THAT'S MY QUESTION. YEAH. SO THE MOTION WOULD, WOULD HAVE TO BE NOT APPROVING ANYTHING ON THE RIGHT OF WAY AND THIS IS WHAT IT'S LOOKING FOR. NO, YOU'RE, YOU'RE CONSIDERING THE VARIANCES THAT ARE ON THE SCREEN AT THE MOMENT, WHICH IS THE SPECIAL EXCEPTION WITH THE MAXIMUM THREE FOOT, UH, HEIGHT REQUIREMENT TO ALLOW A FOUR FOOT SOLID SCREEN FENCE IN THE FRONT YARD. [02:25:01] HE WAS ORIGINALLY LOOKING FOR A FOUR FOOT, BUT IF SO IF YOU'RE GONNA JUST DO A THREE FOOT, THEN, THEN POTENTIALLY THAT WOULD ELIMINATE THIS CONVERSATION. RIGHT? IF YOUR GOAL IS STILL TO MOVE THAT WHERE YOUR PROPERTY LINE IS TO THE PINK LINE, THAT'S A DIFFERENT CONVERSATION THAT CAN'T BE HAD IN THIS MEETING. OKAY. IF, IF YOU COULD GUIDE ME TO WHERE I NEED TO GO FOR THAT ONE. 'CAUSE LIKE GUESS YEAH, I'LL DO A THREE FOOT, I'LL DO A THREE FOOT FENCE. I DON'T MIND. OKAY. IF YOU'RE DOING A, IF YOU'RE DOING A THREE FOOT FENCE, UM, WE DON'T NEED TO DISCUSS THIS ANYMORE AND WE'LL JUST TALK TO YOU OUTSIDE. GOTCHA. OKAY. THANK YOU MS. RAMIREZ. SO WHAT DOES THAT DO? DOES THAT, I, SO DO WE MOVE JUST TO REMOVE IT FROM THE AGENDA? SO DON'T WE JUST STRIKE IT FROM THE AGENDA? IT'S JUST WITHDRAWN. YEAH. OKAY. THE CASE IS WITHDRAWN, BUT THEN YOU WOULD, YOU WOULD NEED TO GET WITH THE STAFF TO FIGURE OUT WHAT THAT NEXT STEP IS TO GET THAT PERMISSION BEFORE THE YES SIR. OKAY. I GO WE NEED TO FORMALLY DO ANYTHING. IT JUST NEVER, NEVER MADE IT. OKAY. NEXT CASE PLEASE. WE'RE NOT READING ANYTHING, RIGHT? NO, YOU DON'T HAVE TO READ ANYTHING. ALRIGHT, THERE'S, OKAY. AGENDA ITEM SEVEN, UH, BO O 8 23 1 0 3 0 0 2 3 4. ADDRESS IS 1310 ST. LAWRENCE STREET COUNCIL DISTRICT FOUR APPLICANT IS MUNDO GOMEZ. A REQUEST FOR ONE, A NINE INCH SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT HEIGHT TO ALLOW A THREE FOOT NINE INCH PRIVACY FENCE IN THE FRONT YARD. AND TWO, A FIVE FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION TO ALLOW A 10 FOOT DRIVEWAY CLEAR VISION ZONING IS R SIX CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED ALONG ST. LAWRENCE STREET AND IS CURRENTLY HAS A SINGLE FAMILY DWELLING ON THE LOT. THE APPLICANT HAS CONSTRUCTED A MASONARY FENCE THAT MEASURES THREE FOOT NINE INCHES TO THE HIGHEST POINT. A BUILDING WITHOUT PERMIT VIOLATION WAS FILED ON 7 31 20 23. UPON SITE VISIT, A FENCE WAS YVONNE'S STAFF SITE VISIT. A FENCE WAS OBSERVED THAT MEASURED 10 FEET FROM THE CURB CAUSING A CLEAR VISION VIOLATION. THIS IS A SITE PLAN WITH THE VARIANCES, THE SUBJECT PROPERTY AND THE HEIGHT MEASUREMENT. HEIGHT MEASUREMENT, ANOTHER HEIGHT MEASUREMENT, AND THE CONSTRUCTED FENCE SURROUNDING AREA. YES. STAFF RECOMMENDATION, CLEAR VISION VARIANCE. STAFF RECOMMENDS APPROVAL AND O 8 23 1 0 3 2 3 4 BASED ON THE FOLLOWING FINDINGS, THE REQUEST DOES NOT APPEAR OUT OF CHARACTER FOR THE AREA. AND TWO, THE PROPERTY HAS UNIQUE CIRCUMSTANCES ON THE PROPERTY, SUCH AS A SMALL LOT STAFF RECOMMENDATION, FRONT YARD FENCE SPECIAL EXCEPTION STAFF RECOMMENDS APPROVAL M B O A 23 1 0 3 0 0 2 3 4 BASED ON THE FOLLOWING FINDINGS, THE FRONT YARD FENCE DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT NOTIFICATION PLAN. STAFF MAILED OUT 22 NOTICES. ZERO IN FAVOR, ONE IN OPPOSITION. AND THE SUBJECT PROPERTY IS NOT WITHIN A NEIGHBORHOOD ASSOCIATION AND THE ONE OPPOSITION WAS OUTSIDE 200 FEET. AND THESE ARE THE PUBLIC RESPONSES AND THIS CONCLUDES STAFF'S PRESENTATION AND, AND APPLICANT IS AVAILABLE. ALRIGHT, THANK YOU. LET'S SEE IF WE HAVE ANY QUESTIONS FOR THE STAFF. THERE ARE NONE I'D ASK THE APPLICANT TO PLEASE COME FORWARD AND LET'S, UH, BEGIN YOUR PRESENTATION. THE APPLICANT CASE NUMBER? UH, 2 3 4. THIS IS AT, UH, OH 1310 ST. LAWRENCE STREET. YES. I'M SORRY, DID YOUR, MY FATHER COME FORWARD? OH YES, IT'S, I'M SORRY. YEAH, PLEASE COME FORWARD. YEAH. VINCENT, CAN YOU ADJUST THE MICROPHONE FOR HIM PLEASE? THANK YOU. YES, SIR. GOOD AFTERNOON. MY NAME IS EDMUNDO GOMEZ. UM, WE'RE WORKING IN A STONE FENCE. UH, WE WERE LIMITED TO THREE FEET HIGH AND BECAUSE THE LOT PRESENTS DIFFERENT ELEVATION CHANGES WE'RE WORKING IN ORDER TO COMPLY TO STICK TO THE THREE FEET. HOWEVER, BECAUSE THE ELEVATION CHANGES MAKES IT DIFFICULT TO, TO COMPLY IN CERTAIN AREAS, WHICH IS MOSTLY LIKE ON THE SIDES OF THE FENCE, ON THE LINE OF, OF MY NEIGHBORS NEXT DOOR NEIGHBORS. AND, UM, BASICALLY WHAT I WAS TRYING TO, TO DO IS TO BRING UP SOMETHING NICE IN THE AREA BECAUSE ALL YOU SEE IS WOODEN FENCES, SOME OF THEM FALLING DOWN, SOME OF THEM REALLY, UH, DETERIORATING. AND SO THE, UM, THIS, UH, FENCE, I HAD A, AT LEAST A COUPLE [02:30:01] OF NEIGHBORS STOPPING BY AND TELLING ME HOW BEAUTIFUL THE, THE STONEWALL WAS GONNA BE AND THAT ASKING ME QUESTIONS WHERE, IF YOU KNOW WHY YOU STOP IT OR IS IT FINISHED YET, OR, AND UNFORTUNATELY IT'S NOT. BUT, UH, WITH YOUR PERMISSION, I WILL CONTINUE AND FINISH. ALSO, I WANNA MENTION THAT I HAVE, UH, SOME LETTERS OF SUPPORT FROM MY NEIGHBORS AND, UH, SO I HOPE PLEASE HAND THOSE OVER TO STAFF AND THEY CAN SHOW 'EM ON THE QUESTION FOR STAFF. THE, UH, THE NINE INCH EXCEPTION, IS THAT PRIMARILY THE CAPSTONE ON THOSE, ON THOSE LITTLE COLUMNS? YES SIR. IT IS. SO THE MAJORITY OF THE FENCE IS WITHIN THE THREE FOOT, IT'S THIS CORRECT. RIGHT. AND WE'VE TOLD HIM ALL HE HAD TO DO IS SHAVE THOSE DOWN, BUT HE PREFERRED TO MOVE FORWARD WITH THE YEAH. DECORATIVE. RIGHT. OKAY. CORRECT. OKAY. LET'S SEE IF ANY OTHER QUESTIONS FOR THE APPLICANT? MANA MR. MANNA? THIS MAY BE A QUESTION FOR THE CITY STAFF. SO, SO, UM, WITH REGARDS TO SIDEWALKS AND, YOU KNOW, JUST THERE WAS A NOTE THERE, UH, FROM ONE OF THE NEIGHBORS. SO WITH REGARDS TO MAILBOXES THAT ARE IN, UH, BUILT OR CONSTRUCTED ON SIDEWALKS, IS THERE ANY REQUIREMENT, UM, FOR A D A OR ANYTHING ELSE ELSE THAT REQUIRES THAT THERE BE A MINIMUM DISTANCE REMAINING ON THE SIDEWALK TO ALLOW PEDESTRIANS TO GET PAST THEM? NOT THAT I'M AWARE OF AND THAT'S REGULATED BY U SS P S. SO, BUT WELL, U S P S WOULD BE RESPONSIBLE FOR THE MAILBOX, BUT THE SIDEWALK ITSELF WOULD BE THE CITY SAN ANTONIO. AND SO, SO, YOU KNOW, SO THE, THE PICTURE THAT WAS SHOWN SHOWED LIKE A THREE INCH GAP BETWEEN THE MAILBOX AND THE FENCE. SO BASICALLY THEY, THEY CUT OFF THE SIDEWALK ALTOGETHER. AND SO IS IS THAT OKAY, I GUESS I'M, I'M GONNA HAVE TO SEE WHAT YOU'RE TALKING ABOUT, BUT, UM, IT'S GONNA BE, UH, THEY'RE GONNA HAVE TO HAVE A D A SIDEWALKS. THEY HAVE TO MEET THE STATE REQUIREMENTS. THEY HAVE TO MEET THE CITY REQUIREMENTS THAT, THAT PICTURE THEY'RE SHOWING RIGHT NOW. CHRISSY, THAT'S WHAT HE'S TALKING ABOUT. ACTUALLY THERE'S ANOTHER PICTURE WHERE IT SHOWED THIS YEAH, A LITTLE BIT MORE OF A SIDE VIEW. YEAH, IF YOU LOOKING AT THE MAILBOX AND YOU SEE THE, THE SIDEWALK, THERE'S NO, NO, LIKE IF I'M IN A WHEELCHAIR, I CAN'T GO THROUGH THERE. I WOULD HAVE TO GET OFF THE, THE, THE SIDEWALK AND GO AROUND AND GO TO THE NEXT DOOR SO THAT, TO GET BACK ON THE SIDEWALK. THAT, AND, AND ACTUALLY YOU BRING UP ABOUT UP THE, BUT THE GOOGLE DRIVE PHOTO, WHICH HAS THE ORIGINAL WOODEN FENCE, 'CAUSE BASICALLY THIS REPLACED THE WOODEN FENCE AND YOU CAN SEE THAT FOR THE WIND FENCE, THAT, THAT THAT PROBLEMS EXISTED THEN AS WELL. SO I DON'T KNOW IF THERE'S ANY REGULATIONS WITH REGARDS TO THAT. SO ALL SIDEWALKS ARE TO COMPLY WITH THE TEXAS DISABILITY STANDARDS. UM, AND IF IN SITUATIONS LIKE THIS, IF THERE WAS SOMETHING THAT OCCURRED WHERE THERE WAS A, A BLOCKED AREA, WHAT HAS HAPPENED IS THE PROPERTY OWNER, UH, DEDICATES A PEDESTRIAN AREA TO ALLOW FOR LIKE A, TO GO AROUND THE MAILBOX, SOMETHING LIKE THAT, TO, SO THAT THERE IS STILL CLEARANCE. UH, I SEE THIS HAS BEEN HERE SINCE 2018. THE, THE MAILBOX. SO, UH, HOW DID THIS VARIANCE COME UP? HOW DID WE, YOU GET, UM, NOTICE? NO, YEAH, NO, WE'RE NOT DISCUSSING THE MAILBOX THOUGH, RIGHT? WE'RE DISCUSSING THE FENCE. NO, BUT, UM, CORRECT. HAS ANY, I KNOW WE'RE ONLY DISCUSSING IT BECAUSE OF THE NEIGHBOR COMPLAINING ABOUT, UH, YEAH BILL, THE QUESTION ON HOW DID THIS, UH, COME UP AS A VARIANCE, THIS IS A BUILDING WITHOUT A PERMIT WAS FILED AND SO CODE ENFORCEMENT WENT OUT. SO ONE OF THE NEIGHBORS LIKELY MA'AM? YES. ALRIGHT. ALRIGHT, LET'S SEE. UH, DID WE TALK ABOUT THE VOICEMAILS OR OTHER PUBLIC COMMENTS? NO PUBLIC COMMENTS. ALRIGHT. ANY OTHER COMMISSIONER QUESTIONS? I DID, I JUST HAD A QUESTION ABOUT THE COMMENTS THAT WERE RECEIVED. I, ON MY P D F I ONLY SAW THAT WHERE ONE OF THE RESIDENCE WERE. WHERE'S THE OTHER, THE SECOND RESIDENCE ON MEREDITH DRIVE? LIKE WHERE, WHERE ARE THEY LOCATED IN, IN, UH, CORRELATION TO THIS PROPERTY? WHERE AM I READING THIS WRONG? WHAT ARE THE ADDRESSES ON THE YEAH, THAT'S RIGHT. AND DID WE, WE HAVE, SO 1306. 1306, WHICH IS DIRECTLY NORTH OF THE SUBJECT SITE. AND WHICH OTHER ONE AND AM I, I'M SORRY THEN I'M I OKAY. AND 1314, WHICH IS SOUTH. CAN CAN YOU PULL UP THE COMMENTS ON HERE JUST TO SEE IF I'M LOOKING AT THE RIGHT COMMENTS? OKAY, THANK YOU. THESE WERE, UH, ONCE HE JUST BROUGHT IN TODAY, SO I'M NOT SURE IF YOU WERE REFERENCING SOMETHING ELSE. NO, I'M REFERENCING THE ONES THAT ARE ON THE PRESENTATION AT THE END. THE LAST TWO COMMENTS THAT WERE SENT IN ONE FROM, UH, [02:35:02] THE ONE I'M REFERENCING RIGHT NOW IS 3 45 MEREDITH DRIVE. I DIDN'T SEE THAT ONE. AS FAR AS LIKE WHERE THE OPPOSITION, I BELIEVE THAT'S OUTSIDE THE 200 FOOT BOUNDARY. THAT'S OKAY. IT'S OUTSIDE THE BOUNDARY. RIGHT. SO THAT WON'T BE DEMONSTRATED ON THE MAP. ONLY THINGS WITHIN THE 200 FEET WILL BE SHOWN ON THE MAP, BUT THE ONE OKAY. THINKING YEAH. COULD WE, COULD WE PASS LIKE THESE, THESE LETTERS OF SUPPORT? IS THAT SOMETHING WE CAN PASS DOWN THROUGH THE BOARD SO THEY CAN ALL RIGHT. ANY OTHER QUESTIONS FOR THE APPLICANT? ALRIGHT, WOULD YOU LIKE TO HAVE ANY CLOSING REMARKS BEFORE WE CLOSE THE PUBLIC PORTION, MR. GOMEZ? WELL, NOT A, UH, I MEAN, UH, THE ONLY CLOSE THAT I CAN MAKE IS, UH, I'VE, I'VE BEEN FINDING NOTHING BUT EXCELLENT PEOPLE HELPING PEOPLE OVER HERE AND, UH, I REALLY, REALLY APPRECIATE THAT BECAUSE I, I'VE BEEN IN ANOTHER PUBLIC PLACES OUT OF SAN ANTONIO, I WANNA PUT THAT ON AND, UH, NOT THE SAME. RIGHT HERE IS EXCELLENT HELP, EXCELLENT PEOPLE AND I REALLY, REALLY APPRECIATE THAT. THANK YOU SIR. THANK YOU. ALRIGHT, WE'LL GIVE A MOMENT FOR THE LETTERS TO PASS THROUGH FOR THE BOARD AND THEN WE'LL CLOSE THE PUBLIC PORTION AND WE WILL ASK FOR A MOTION FROM COMMISSIONER. OH, MS. OH, ALL RIGHT, MS. MEVY, THIS IS GONNA READ THE MOTION FOR THE VARIANCE AND THE SPECIAL EXCEPTION, SO WE'LL JUST GIVE ONE SECOND SO WE CAN GET THE LETTERS KIND OF, OR WE CAN PROBABLY CIRCULATE THE LETTERS WHILE YOU'RE READING. AND ARE WE GONNA READ THEM SEPARATELY LIKE THEY ARE YEAH. SEPARATELY, RIGHT? THAT'S WHAT WE'RE ADVISED FROM COUNSELS TO, CORRECT. THANK YOU. ALRIGHT, THE FLOOR IS YOURS REGARDING CASE NUMBER BO A 2 3 1 0 3 0 0 2 3 7. I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED RE REQUEST FROM THE NCD SEVEN. I THINK WE'RE ON ON PAGE, UH, 2 3 4 2 3 4 PREVIOUS ONE. UH, YOU CAN PROBABLY DO THE VARIANCE FIRST AND THEN, OKAY, SORRY ABOUT THAT. REGARDING CASE NUMBER BO 8 2 3 1 0 3 0 0 2 3 4, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A FIVE FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION TO ALLOW A 10 FOOT DRIVEWAY CLEAR VISION SITUATED AT 1310 ST. LAWRENCE STREET, APPLICANT BEAN AND MUNDO GOMEZ. BECAUSE THE TESTIMONY, THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISION OF THE UNITED, 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 REQUESTED VARIANCE TO ALLOW A FENCE TO BE 10, 10 FEET, UH, WITHIN THE CLEAR VISION ENCROACHING BY FIVE FEET AND IS NOT CONTRARY TO THE PUBLIC INTEREST, CARS WILL BE ABLE TO ENTER AND EXIT THE PROPERTY SAFELY WITH IT. WITH THIS DISTANCE DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. MAINTAINING A 10 FOOT CLEAR VISION FIELD IS ENOUGH TO SEE ONCOMING TRAFFIC FROM THE RIGHT OF WAY. THE REMOVAL OF THE FENCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE FENCE WILL OBSERVE THE SPIRIT OF THE ORDINANCE AS THE FENCE DOES NOT OBSTRUCT VISION SIGNIFICANTLY. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. INNOCENT PROPERTY IS LOCATED, THERE ARE SIMILAR PROPERTIES LOCATED IN THE AREA THAT HAVE SIMILAR STYLE FENCES. THEREFORE, THE REQUEST WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS [02:40:01] 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, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE VARIANCE, THE VARIANCES ARE SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE SIZE OF THE LOT. THE VARIANCE REQUEST IS NOT MERELY FINANCIAL END OF MOTION. SECOND. SECOND FROM, OH, MS. PICASSO. OKAY, THERE YOU GO. ALRIGHT. UM, MS. BENAVIDEZ, DO YOU WANNA TELL US WHY YOU SUPPORT THE MOTION? SURE, I'LL BE SUPPORTING THIS MOTION. I FEEL LIKE THE, UH, VARIANCE, UM, THAT HE'S REQUESTING, UM, WILL NOT INTERFERE WITH THE, WITH THE CLEAR VISION, THEREFORE, I'LL BE SUPPORTING IT. THANK YOU MS. PICASSO. I CONCUR. THANK YOU MANNA. MR. MANNA? UM, YEAH, JUST, UH, AS A REMINDER FOR THE APPLICANT, UM, YOU KNOW, YOU HAD THE CAPS THERE AND THERE IS BEING APPROVED WITH REGARDS TO THE CAPS. UM, AND SO, SO, UM, THE CAPS CURRENTLY HAVE A HOLE IN IT, SO, UM, YOU REALLY CAN'T PUT ANYTHING IN THERE BECAUSE THAT WOULD BE IMPACTING THE CLEAR VISION AS IT'S CURRENTLY BEING READ. UM, AND SO, SO, SO YOU REALLY CAN'T DO A WHOLE LOT MORE TO THAT CONSTRUCTION. DOES THAT MAKE SENSE? ALRIGHT, THANK YOU. OKAY. UH, TAKE A ROLL CALL. VOTE PLEASE. YEAH, MR. CHAIRMAN? YES, MR. YEAH, I'M HAVING A PROBLEM WITH THIS ONE. UH, GOING BACK RELATIVE TO MR. MANNING'S STATEMENT, WE HAVE A, A MAILBOX THERE, YOU KNOW, AND YOU KNOW, THE THING IS THAT I, I WOULD, UH, VOTE FOR IT IF WE COULD GET THE MAIL FROM THE APPLICANT TO, UH, REMOVE THAT MA MAILBOX FROM THERE SO THE TRAFFIC CAN GO THROUGH THERE. THANK YOU MR. ZAGO. SO, SO, SO TO COMMENT ON THAT, SO, SO MY ASSUMPTION, AND, YOU KNOW, I I'M, I ALWAYS GET TROUBLE WHEN I MAKE ASSUMPTIONS, IS THAT THERE'S GOING TO BE SOME OTHER ENTITY THAT'S GOING TO MANDATE THAT THAT HAS TO HAPPEN. AND SO, SO, SO EVEN IF WE PROVE IT, HE WILL LIKELY HAVE TO MAKE AN ADJUSTMENT. HE DOESN'T HAVE TO DO IT. YEAH. BUT IT WOULD BE, UH, RIGHT FOR US, FOR THE HANDICAP, RIGHT? SO, BUT I THINK THAT'S GONNA BE MANDATED BY SOMEBODY ELSE. AND SO WE'RE APPROVING THE ONE THING, BUT I THINK SOMEONE ELSE COULD COME BACK AND HAVE 'EM JUST THAT FENCE FOR ACCESS. SEE, THERE'S NOT VERY MANY SIDEWALKS AROUND THERE. IT'S ONLY ONE SIDE. THANK YOU. SO LET'S, UH, GO AHEAD AND TAKE A ROLL CALL VOTE, MR. CHAIRMAN. YES. UH, I WOULD LIKE TO MAKE A COMMENT THAT, UH, UH, I'M GONNA HAVE TO, UH, DISAGREE WITH, UH, MR. MANNAS OBSERVATION CONCERNING THE, THE DECORATIVE PORTION, UH, OF, OF THAT COLUMN. UH, BECAUSE, UH, AS I LOOK AT THE, AT THE SECOND PHOTOGRAPH, UH, LABELED, UH, SURROUNDING AREA, UH, THAT PHOTOGRAPH SHOWS THAT THERE'S A RED STATION WAGON OR A RED, UH, VEHICLE ON THE, ON THE DRIVEWAY NEXT TO, TO THE, TO THE FENCE PILLARS. AND, AND THAT IS OBSTRUCTING THE VIEW MUCH MORE THAN THE DECORATIVE PORTION OF THAT COLUMN. AND FOR THAT REASON, I'M, I I, I, I DISAGREE WITH, UH, WITH MR. MANNAS OBSERVATION, AND I'M, I WILL, I'M GONNA BE SUPPORTING THE, UH, THE, THE, THE, THIS, THIS, UM, REQUEST. THANK YOU MR. VAZQUEZ. OKAY, LET'S GO AHEAD AND TAKE A ROLL CALL. VOTE MS. EZ. I CONCUR. MS. PICASSO? YES. DR. BARON? YES. MS. KAPLAN? I CONCUR. MR. DEAN. I CONCUR. MS. CRUZ, I CONCUR. MR. ZUNIGA. NO, I DON'T CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. VASQUEZ. I CONCUR. MR. EZ I CONCUR. MR. OZUNA? YES, I CONCUR WITH TENANT FAVOR. ONE IN OPPOSITION. THIS VARIANCE PASSES NOW THE SPECIAL EXCEPTION REGARDING CASE NUMBER BO A 2 3 100 302 3 4. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A NINE INCH SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT HEIGHT TO ALLOW A THREE FOOT NINE INCH PRIVACY FENCE IN THE FRONT YARD, SITUATED AT 1310 ST. LAWRENCE STREET, APPLICANT BEING EDMUNDO GOMEZ. BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACT, IN THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE U D C STATES THAT THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR A FENCE HEIGHT MODIFICATION. THE ADDITIONAL FENCE HEIGHT WAS OBSERVED, AND IF GRANTED STAFF FINDS THAT THE REQUEST [02:45:01] WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE BE THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THESE CRITERIA ARE REPRESENTED BY FENCE HEIGHTS TO PROTECT RESIDENTIAL PROPERTY OWNERS, WHICH STILL PROMOTING A SENSE, WHILE STILL PROMOTING A SENSE OF COMMUNITY. THE FENCE IS LOCATED ALONG THE FRONT PROPERTY LINE AND IS ONLY EXCEEDING THE MAXIMUM HEIGHT REQUIREMENT BY NINE INCHES. THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE FENCE WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT PROPERTY AND IS UNLIKELY TO SUBSTANTIALLY INJURE ANY NEIGHBORING PROPERTIES. D THE SPECIAL EX, UH, THE SPECIAL EXCEPTION, WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE PROPERTY THE SPECIAL EXCEPTIONS IS SOUGHT. THE ADDITIONAL HEIGHT FOR THE, FOR THE SECTION OF THE FRONT YARD FENCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. THE CURRENT ZONING PERMITS THE CURRENT USE OF A SINGLE FAMILY HOME. THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. END OF MOTION. YOU HAVE A SECOND, SECOND, SECOND, UH, MS. PICASSO DISCUSSION, MS. BEN AVIVAS, I'LL BE IN FAVOR OF THIS. UH, THE NINE INCH SPECIAL EXCEPTION FOR THE MAXIMUM OF THREE FOOT IS NOT THAT MUCH OF A DIFFERENT DIFFERENCE. THE, UM, THE STONE FENCE THAT, UH, MR. GOMEZ IS BUILDING ADDS TO THE CHARACTER OF THE NEIGHBORHOOD, NOT ONLY HIS HOME, BUT ALSO THE NEIGHBORHOOD. SO I'LL BE VOTING IN FAVOR OF IT. THANK YOU MS. PICASSO. I AGREE WITH THE COMMENTS OF MY COLLEAGUE. IN ADDITION TO THAT, I ALSO, UH, THE, UH, RESIDENT HAD BROUGHT IN LETTERS OF SUPPORT FROM HIS NEIGHBORING, UH, NEIGHBORS. SO BECAUSE OF THAT, I WILL BE SUPPORTING THIS. THANK YOU. ANY OTHER COMMENT? LET'S GO AHEAD AND TAKE A ROLL CALL. VOTE MS. VANES. I CONCUR. MS. PICASSO? I CONCUR. DR. BURTON I CONCUR. MS. KAPLAN? I CONCUR. MS. YOUR DEAN? I CONCUR. MS. CRUZ? I CONCUR. MR. ZUNIGA CONCUR. MR. MANA? I CONCUR WITH THE FINDINGS OF FACT. MR. VASQUEZ. I CONCUR. MR. EZ I CONCUR. MR. OZUNA, I CONCUR WITH 11 IN FAVOR. ZERO IN OPPOSITION. THE SPECIAL EXCEPTION PASSES. THANK YOU. GOOD LUCK WITH THE PROJECT. NEXT CASE, PLEASE. YES. 11 IN FAVOR. HOW IS 11 IN FAVOR? ZERO OPPOSITION? YEAH. 11 IN FAVOR, BO OH 8 23 1 0 3 0 0 2 3 7. ADDRESS IS THREE THREE. ALEXANDER HAMILTON DRIVE COUNCIL DISTRICT SEVEN APPLICANT IS JOSEPH TORRES. A REQUEST FOR A VARIANCE FROM THE NNC D SEVEN DESIGN GUIDELINES AS PER THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT DESIGN STANDARDS TO ALLOW A DETACHED ACCESSORY UNIT TO BE 780 SQUARE FEET. THE ZONING IS R SIX CASE SUMMARY. THE APPLICANT IS PROPOSING AN ACCESSORY DETACHED UNIT THAT MEASURES 780 SQUARE FEET. THE PROPERTY IS LOCATED WITHIN THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT, WHICH INDICATES THAT THE COMBINED SQUARE FOOTAGE FOR ALL DETACHED ACCESSORY STRUCTURES, GARAGE CARPORTS, DETACHED DRILLING SHOULD NOT EXCEED 40% OF THE SQUARE FOOTAGE OF THE LIVING SPACE OF THE PRIMARY DWELLING. THE SQUARE FOOTAGE OF THE PRINCIPAL STRUCTURE PER BEAR COUNTY RECORDS IS 1,380 SQUARE FEET, WHICH WILL ALLOW A MAXIMUM DETACHED HISTORY STRUCTURE, SIZES OF JUST UNDER 524 SQUARE FEET. THIS IS THE SITE PLAN AND THE SUBJECT PROPERTY AND THE LOCATION OF THE ACCESSORY DWELLING AND THE ACCESSORY DWELLING AND THE SURROUNDING AREA. STAFF RECOMMENDATION, JEFFERSON N C D DESIGN STANDARDS VARIANCE STAFF RECOMMENDS DENIAL AND BO O A 23 1 0 3 0 0 2 3 7 BASED ON THE FOLLOWING FINDINGS, THE A D U DOES NOT UPHOLD THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT DESIGN STANDARDS. NOTIFICATION PLAN. STAFF MAILED OUT 27 NOTICES, ONE IN FAVOR FOR AN OPPOSITION, AND JEFF JEFFERSON HEIGHTS NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. AND THIS WAS A RESIDENTIAL IMPROVEMENT PERMIT THAT WAS APPLIED BY THE APPLICANT AND IT WAS, UM, DENIED AND PLAN REVIEW BY THE N C D REVIEWER. SO THAT'S HOW THAT CAME ABOUT TO US. AND THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT SHOULD BE AVAILABLE. THANK YOU. LET'S SEE IF WE HAVE ANY QUESTIONS FOR STAFF. ALRIGHT, HEARING NONE, LET'S, UH, GET THE APPLICANT. UH, PLEASE COME [02:50:01] FORWARD. MY NAME IS JOSEPH TORRES AND I'M INTERESTED IN BUILDING THE GARAGE APARTMENT TO THE BACK OF AN EXISTING ONE. AND, UH, IN THAT 700, EXCUSE ME, 780 SQUARE FOOT, UH, TOTAL SOUNDS ABOUT RIGHT. AND UH, MY THINKING WAS THAT, UH, AS YOU DRIVE BY, OR EVEN IT FROM THIS VIEWPOINT HERE, YOU CAN'T REALLY TELL THERE'S ANOTHER, UH, UH, IF I WERE TO ADD TO THE BACK OF THIS EXISTING STRUCTURE HERE, UH, YOU COULD TELL HOW FAR BACK IT GOES AND ADDING THE PROPOSED 16 FEET TO THE BACK OF THIS UNIT WOULD STILL BRING THE BACK OF THE NEW, UH, STRUCTURE, 21 FEET FROM THE BACK FENCE. AND SO I'M THINKING THERE'S PLENTY OF ROOM THERE, AND I DON'T THINK MOST PEOPLE WILL KNOW THAT THAT APARTMENT IS THERE. MM-HMM. . ALRIGHT, THANK YOU. LET'S SEE. DO WE HAVE ANY QUESTIONS, UH, FOR THE APPLICANT? UM, MR. ARE YOU PROPOSING TO REPLACE THE EXISTING STRUCTURE OR TO BUILD ANOTHER ACCESSORY STRUCTURE? UH, WE ARE, WE ARE PROPOSING TO BUILD TO THE BACK OF THE UNIT. THE UNIT FROM FRONT TO BACK IS 21 FEET, AND WE WANT TO ADD 16 FEET OUT TOWARDS THE BACK IN ORDER TO CREATE ANOTHER UNIT. SO YOU WANNA MODIFY THE EXISTING STRUCTURE? YES, SIR. OKAY. WE WANT TO ADD TO IT, MS. CRUZ. OKAY. SO WHAT ARE YOU USING THE EXISTING DWELLING FOR RIGHT NOW? IS IT AN APARTMENT? YES, MA'AM. OKAY, SO YOU'RE GOING JUST GOING TO ADD ON TO THIS APARTMENT RIGHT NOW? YES, MA'AM. OKAY, SO IT WOULD BE WHAT, AN EXTRA BEDROOM LIVING ROOM? IT'S A, IT'S A GRANDMA APARTMENT NOW. OH, OKAY. SO YOU JUST WANNA ADD ONTO IT? WELL, WE WANT TO ACTUALLY HAVE TWO UNITS BACK TO BACK BECAUSE, UH, THE PARENTS LIVE IN THE MAIN HOUSE WITH THEIR DAUGHTER AND HER HUSBAND AND THEIR TWO CHILDREN. THE, UH, GRANDCHILDREN STAFF. WHAT IS THE ZONING FOR THE PROPERTY? YEAH, YOU WON'T BE ABLE TO DO THAT, SIR. YOU CAN ONLY HAVE ONE PRIMARY DWELLING AND ONE ACCESSORY DWELLING. IT NEEDS TO BE ZONED FOR MULTI-FAMILY. IF YOU WERE TO DO MORE THAN ONE ACCESSORY DWELLING UNIT ON THE PROPERTY THAT IT'S A ZONING ISSUE, UH, MULTI MULTIFAMILY, WOULD THAT BE? UH, THIS IS NOT EXACTLY MULTIFAMILY, BUT YOU'RE TALKING ABOUT THREE TOTAL UNITS, THE PRIMARY AND ACCESSORY AND ANOTHER UNIT. SO THAT'S THREE UNITS THAT REQUIRES A REZONING. OKAY. SO EVEN IF WE WERE TO GRANT THE VARIANCE HERE, THAT'S NOT GONNA DO YOU ANY SERVICE BECAUSE YOU WOULD BE LIMITED TO HAVING JUST THAT ONE ACCESSORY DWELLING UNIT ON THE PROPERTY IN CONJUNCTION WITH THE MAIN UNIT. SO I DON'T THINK IT'S GONNA SERVE THE PURPOSE OF WHAT YOU'RE SEEKING. MM-HMM. , UH, BECAUSE OF THE, UH, THE LIMITATION ON THE NUMBER OF, UH, RENTAL UNITS YOU CAN HAVE ON THE PROPERTY. UH, AND USUALLY I'LL JUST ADD THAT FOR ZONING, UH, IN AN N REZONING IN AN N C D IS GENERALLY NOT SUPPORTED BY THE NEIGHBORHOOD. UH, WHAT IS THAT TERM YOU'RE USING? N T D, NEIGHBORHOOD CONSERVATION DISTRICT. OH, OKAY. YES. THAT'S THE OVERLAY ON YOUR, ON YOUR PROPERTY THAT TALKS ABOUT THE DESIGN STANDARDS FOR THE PROPERTY. YES. AND WHERE ACCESSORY STRUCTURES CAN BE, WHERE CARPORTS CAN BE, WHERE GARAGES CAN BE, HOW SIDEWALKS HAVE TO BE LAID OUT IN DRIVEWAYS. MM-HMM. , MR. CHAIRMAN. YEAH. MR. . UH, SIR, YES SIR. THIS IS A SEPARATE ACCESSORY. IT IS NOT GOING BE JOINED TO THE GRANDMOTHER? NO, SIR. THE NOT EVEN BY THE CITY OR THE HERE, WOULD HE BE ABLE, SO YOU NEED TO USE YOUR MICROPHONE PLEASE. THE EXISTING, UH, ACCESSORY DWELLING UNIT IS A HOLD ON, AND NOT EVEN BY THE CITY, BUT HE, WOULD HE BE ABLE TO PUT THREE STRUCTURES AND THE MAIN, WELL, THE, THE THOUGHT WAS THAT HE WAS JUST EXPANDING THE FOOTPRINT. THAT HE WAS EXPANDING THE FOOTPRINT OF AN EXISTING ACCESSORY, WHICH HE CAN DO FOR ONE UNIT, ONE UNIT AS LONG AS THE, UH, HE, HE OR THE, THE PROPERTY OWNER, WHOEVER'S THE PROPERTY OWNER RESIDES IN THE, THE PRI ONE OF THE STRUCTURES, WHETHER IT BE THE ACCESSORY OR THE PRIMARY. PRIMARY MM-HMM. . YEAH. SO, SO IN THIS CASE, REGARDLESS, WE, UH, I JUST WANTED TO, UH, MAKE IT CLEAR, UH, THAT IT IS ONE FAMILY LIVING THERE AND, UH, THEY JUST WANT, THERE'S A GRANDMA LIVING IN THE EXISTING, UH, ACCESSORY DWELLING UNIT NOW, AND THEN THE PARENTS AND THEIR DAUGHTER AND THEIR FAMILY LIVE IN THE MAIN HOUSE. AND SO WHAT IT WOULD DO IS ALLOW THE, UH, [02:55:02] MOM AND DAD TO MOVE TO THE BACK OF THE UNIT AND SPACE. I THINK IF IT HAS A SEPARATE, SEPARATE KITCHEN, A SEPARATE BATH, IT'D BE A, I I THINK PROBABLY NEED TIME TO KIND OF INVESTIGATE WITH STAFF BEFORE WE MAKE ANY DECISION HERE. THAT WOULD KINDA LOCK YOU IN ON WHAT YOUR OPTIONS ARE. SO I WOULD PROBABLY RECOMMEND JUST SEEKING A CONTINUANCE HERE AND JUST LET YOU WORK WITH STAFF TO DETERMINE EXACTLY WHAT YOU NEED TO, UM, EXECUTE ON WHAT YOU'RE TRYING TO DO. RIGHT. OKAY. WHAT DO Y'ALL THINK? OKAY, I JUST HAD A QUI QUESTION FOR THE APPLICANT. SO, SO YOU'RE, YOU'RE WANTING TO MOVE SOMEONE IN THERE AND JUST HAVE MORE SPACE FOR THEM, OR YOU'RE WANTING THEM TO HAVE TWO SEPARATE DOORS AND PRIVACY? WELL, I BELIEVE WHAT, UH, WHAT THE, WHAT WE, UH, THERE ARE THREE GENERATIONS LIVING THERE AND EACH ONE WANTS TO HAVE THEIR OWN SPACE. OKAY. QUESTION FOR STAFF. SO WITH THAT BACK ACCESSORY UNIT, UH, ARE THEY ALLOWED TO HAVE TWO SEPARATE DOORS FOR LIKE, AND, AND LIKE WALLS FOR PRIVACY? AS LONG AS THERE'S ONLY ONE METER? NO, SIR. OKAY. UH, MR. CHAIRMAN? YES, MR. CASE NUMBER B O A 23 1 0 3 0 0 2 3 7 A MOTION THAT WE, UH, GO AHEAD AND, UH, RESCHEDULE IT AT A LATER MEETING AFTER THE REQUEST, THERE'LL BE A CONTINUANCE FOR MAY I SPEAK, UH, MAY I SPEAK REGARDING THE METER? HOLD, HOLD ON. WE'RE TRYING TO SET A DATE HERE. I HAVE COMMENTS. YOU JUST NEED, I HAD COMMENTS BEFORE WE WENT INTO A MOTION. YES, MS. PICASSO. SO I JUST WANNA UNDERSTAND RIGHT NOW IT'S AT 523 AND YOU WOULD LIKE TO EXPAND IT TO SEVEN 80 OR IS IT ALREADY AT 780 SQUARE FEET? WELL, I WOULD LIKE TO ADD 530, LET'S SEE, UH, 21 TIMES 16 WOULD BE, UH, 330. I'D LIKE TO ADD 336 SQUARE FEET TO THE EXISTING, UM, UH, WELL, I'M NOT SURE WHAT WHAT THE SIZE IS NOW, BUT IT WOULD BE AROUND 780. SO IT'S CURRENTLY AT 780? NO, IT WOULD BE, IT WOULD BE. OKAY. IT'S CURRENTLY AT 5 24. WELL, ACTUALLY THAT'S THE MAXIMUM THAT HE IS ABLE TO GET PER THE N C D REQUIREMENTS. RIGHT. BUT WHAT IS IT CURRENTLY AT, UH, IT, RIGHT NOW IT, LET'S SEE, 21 BY 22, WHICH WOULD BE, UH, I WROTE THIS DOWN A WHILE AGO. I FIGURED YOU'D ASK ME THAT QUESTION. IT'S, UH, RIGHT NOW IT'S AT 462 SQUARE FEET AND WITH THE ADDITION, UH, 300 AND UM, 36, THAT'D BRING IT CLOSE TO, UH, 800. OKAY. AND THEN ADDITIONALLY, I JUST WANTED TO MAKE A COMMENT FOR MY QUESTION REGARDING THE OTHER CASE. I DO SEE THAT THE, THAT THE, UM, THE OPPOSITION FORM, UH, ADDRESS 3, 4, 5 MEREDITH DRIVE WAS FOR THIS CASE AND NOT THE SECOND ONE, WHICH I HAD CONFUSION ON. THANK YOU. ALRIGHT, SO DO WE HAVE A DATE FOR THE CONTINUANCE ON THIS? OCTOBER 2ND. OKAY. OCTOBER 2ND. OKAY. CAN WE JUST TAKE A VOICE, UM, VOTE ON THIS? YOU CAN. OKAY. UM, I THINK IT'S GONNA BE A BIGGER ISSUE THAN THAT. SO WE THINK, UH, IT'S PROBABLY GONNA BE A POSTPONEMENT, CHRISTIE, I THINK IT'S OCTOBER 9TH. I'M SORRY. OKAY. OCTOBER 9TH. OCTOBER 9TH. OKAY. ALL IN FAVOR SAY AYE. AYE. ANY OPPOSITION, SAY NAY. THE AYES HAVE IT. UH, SO YOUR CASE IS, UH, ON A CONTINUANCE, POTENTIALLY POSTPONEMENT, PLEASE GET WITH STAFF AND THEY CAN HELP YOU KIND OF FIGURE OUT WHAT YOUR, WHAT YOUR NEXT STEP IS HERE. OKAY. THANK YOU VERY MUCH. YEP. OKAY. NEXT CASE PLEASE. 2 38 JOSEPH BO. 8 23 1 0 3 0 0 2 3 8. ADDRESS IS 2 35 VALENTINO PLACE COUNCIL DISTRICT ONE APPLICANT IS OAKLEY INCORPORATED 4 0 1 K. PLAN A REQUEST FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ACCESSORY STRUCTURE WITH A ONE INCH SIDE SETBACK. THE ZONING IS R FOUR CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED ON VALENTINO PLACE WEST OF US HIGHWAY 2 81, RESULTING FROM A ZONING U D C INVESTIGATION FOR A PROPERTY SETBACK VIOLATION. THE APPLICANT IS SEEKING A VARIANCE FOR THE SITE SETBACK. THE APPLICANT CONSTRUCTED AN ACCESSORY STRUCTURE MEASURING ONE INCH FROM THE SIDE. PROPERTY LINE. ACCESSORY STRUCTURES CONSTRUCTED IN SAN ANTONIO ARE REQUIRED TO MAINTAIN FIVE FEET FROM THE SIDE PROPERTY LINE AND MUST OBTAIN A VARIANCE TO DEVIATE FROM THIS MINIMUM REQUIREMENT UPON SITE VA VISITS. SITE STAFF DID NOT OBSERVE ANY ACCESSORY STRUCTURES IN THE AREA TOWARDS THE SITE AND FRONT OF THE PROPERTIES. THIS IS THE SITE PLAN AND THE SUBJECT PROPERTY, [03:00:03] AND THIS IS THE ACCESSORY STRUCTURE. THE SITE SET BACK, THE SITE SAID BACK MEASUREMENT AND YOUR SURROUNDING AREA. STAFF RECOMMENDATIONS. SITE SET BACK VARIANCE STAFF RECOMMENDS DENIAL AND BO O 8 23 1 0 3 0 0 2 3 8 BASED ON THE FOLLOWING FINDINGS, THIS DISTANCE IS NOT SUITABLE AS IT IMPOSES ON THE PUBLIC INTEREST OF THE ADJACENT M NEIGHBOR. BY BEING TOO CLOSE TO THE SHARED PROPERTY LINE, WATER RUNOFF MAY IMPOSE AND RISK OF FIRE SPREAD IS GREATER NOTIFICATION PLAN. STAFF MAILED OUT 34 NOTICES. THIRD 20 IN FAVOR, ZERO IN OPPOSITION. AND TOBIN HILL NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION. AND THIS IS THE PUBLIC COMMENT FROM THE, UM, APPLICANT TOOK IT UPON HIMSELF TO GO AROUND AND GET SIGNATURES. AND THE NEXT IS FROM THE TOBIN HILL, UH, NEIGHBORHOOD ASSOCIATION. THEIR RESPONSE LETTER. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. THANK YOU. LET'S SEE IF WE HAVE ANY QUESTIONS FOR STAFF. THE THING ABOUT THE, UH, NEIGHBOR, SO WE CAN READ IT. YEAH, CAN YOU PUT THE SIGNATURES BACK UP? JUST THANK YES MA'AM. I HAVE SOMETHING TOO. , SIR. SORRY. ALRIGHT. SEE, ANY QUESTIONS FOR STAFF? HEARING NONE, I'D ASK THE APPLICANT TO PLEASE COME FORWARD AND LET'S, UH, BEGIN WITH YOUR PRESENTATION. SIR, THANK YOU FOR HEARING MY CASE TODAY. MY NAME IS WILLIAM C OAKLEY. I'M A 68 YEAR OLD RETIRED MAN ON SOCIAL SECURITY. I LIVE ALONE DIRECTLY ACROSS THE STREET FROM 2 35 VALENTINO, WHICH IS THE SUBJECT PROPERTY. UH, I ALSO OWN A SMALL HOUSE ACROSS THE STREET FROM ONE 10, WHICH IS 1 0 9. THERE'S NO WAY I COULD PUT A STORAGE SHED CONSISTING OF 224 SQUARE FEET ON ANY OF THESE LOTS WITHOUT VIOLATING A SETBACK REQUIREMENT. THE SUBJECT IS 34 BY 66. MY HOUSE IS ON A 32 BY 65 AND 1 0 9 IS 32 BY 65. I DO ALL THE MAINTENANCE ON THESE LITTLE PROPERTIES MYSELF BECAUSE HIRING SOMEONE TO MAINTAIN THEM WOULD DEFINITELY PUT ME, PUT ME INTO A NATIVE CASH FLOW, ESPECIALLY WITH A RIDICULOUS INCREASE IN PROPERTY TAXES. THE ONES YOU SEE, AND I DON'T KNOW HOW MUCH OF THE, I DON'T KNOW HOW MUCH OF THE STUFF THAT I TURNED IN IS AVAILABLE TO COME UP ON THE SCREEN. UM, BUT, UH, THE, THE TAXES ARE, ARE, ARE QUITE HIGH. UH, VALENTINO IS 3,513, DO $3 AND 19 CENTS A MONTH, I MEAN A YEAR. UH, AND THE HOUSE IS QUITE SMALL ANYWAY, UM, UH, I HAVE TO HAVE A TOOL SHED FOR MAINTAINING THESE HOUSES. UH, BOTH OF THESE OTHER ONES IN THIS HOUSE IS RENTED FOR LIKE $800 A MONTH. UH, I PUT TOGETHER A, UH, A A LIST OF, AND I DON'T KNOW IF YOU GUYS CAN SHOW, CAN YOU PUT THE PETITION THAT I GAVE THE NEIGHBORS, UH, UP ON THE SCREEN? YEAH. UH, NO SIR. Q Q, UH, THAT ONE RIGHT THERE. UH, THAT'S THE, THAT IS THE PETITION THAT I TOOK AROUND TO EVERYONE WITHIN 200 SQUARE FEET OF, OF MY PROPERTY. UH, AND, AND LIKE I SAY, BASICALLY IT'S EXPLAINING WHAT HAPPENED. THERE WAS A SHED, THERE WAS AN OLD SHED THERE THAT WAS DILAPIDATED. UH, AND I TOOK IT OUT AND I CHECKED WITH THE CITY BEFORE I BUILT THIS ONE AND HIT, UH, THE CUTOFF WAS 300 SQUARE FEET. THE ONE THAT I BUILT IS 224. UNFORTUNATELY, I DIDN'T GO ANY FURTHER THAN THAT. I SAID, [03:05:01] OKAY, I DON'T NEED A PERMIT. THAT'S ALL I, ANYWAY, I, I, UH, I, I, I BUILT IT. AND, UH, MY PROBLEM IS I DON'T THINK THAT IT'S BOTHERING ANYBODY, UH, AT ALL. AND I DON'T, MY NEIGHBOR IS HERE TO, UH, VOUCH FOR ME. I, IN AN ATTEMPT TO TRY TO RECTIFY THIS SITUATION. AFTER I, AFTER, UH, CODE COMPLIANCE CAME BY, I GOT WITH MY NEIGHBOR AND ASKED HIM, BECAUSE THERE SEEMED TO BE ENOUGH ROOM BETWEEN THE SHED AND HIS BUILDING FOR, FOR, UH, IF I WERE TO PURCHASE LIKE A TWO FOOT OR TWO AND A HALF FOOT STRIP OF PROPERTY, THE LITTLE SLIVER OF LAND FROM HIM SO I COULD COMPLY. UH, SO HE, WE WERE IN AGREEMENT IN PRINCIPLE. WE DIDN'T HAVE A CONTRACTOR, A PRICE, BUT, UH, HE NEEDED TO CHECK WITH THE CITY TO FIND OUT HOW, IF, IF THAT COMPROMISED HIM IN ANY WAY WITH HIS PROPERTY. WHEN HE CHECKED WITH THEM, HE, THE CITY TOLD HIM THAT HE WOULD HAVE TO REPL HIS PROPERTY IN ORDER TO, TO BE ABLE TO SELL ME THAT LITTLE STRIP OF LAND THAT WOULD PUT ME IN COMPLIANCE. UH, THAT'S REALLY EXPENSIVE AND THAT, THAT KIND OF BLEW IT OUT THE WINDOW DURING ALL THIS TIME I WAS IN CONTACT WITH TWO, UH, CITY, UH, WITH TWO CITIES AND EMPLOYEES, AND BOTH OF THEM TOLD ME, OKAY, LOOK, IF YOU CUT, IF YOU CUT THE EAVE OFF OF YOUR SHED, THEN IT'S A THREE FOOT SETBACK FROM THE PROPERTY LINE TO THE, TO THE WALL OF THAT BUILDING. AND I SAID, OKAY, WELL, IF THAT'S THE CASE AND I CUT THE EVE OFF AND I MIGHT GET COMPLETELY FLUSH WITH THE SIDE OF THE BUILDING, THEN UH, ALL I NEED IS A TWO FOOT. I NEED TWO FEET TO ADD TO THAT, TO COME TO COMPLY WITH THE THREE FEET. UH, DURING THE TIME ALL THIS WAS GOING ON, UH, THE, UH, I WAS, THESE PEOPLE WERE REALLY NICE. I'M TELLING YOU, THEY, BOTH, BOTH OF THESE PEOPLE FROM CODE COMPLIANCE WERE EXTREMELY PROFESSIONAL AND VERY NICE PEOPLE. BUT, UH, SHE TOLD ME THAT, LOOK, I'M GONNA HAVE TO CITE YOU ANYWAY, JUST BASED ON THE AMOUNT OF TIME THAT'S GONE BY HERE. BUT WHAT I SUGGEST IS, AGAIN, I'VE, I'VE GOT AMPLE DOCUMENTATION OF THIS. SHE SAID, JUST LOOK, YOU'VE GOT, YOU'VE GOT, LOOKS LIKE A FOOT ON THE SIDE BETWEEN THE BUILDING AND THE FENCE. SO JUST APPLY FOR A VARIANCE OFF, YOU KNOW, AND CUT, CUT IT OFF, AND THEN APPLY FOR TWO VARIANCES. AND THAT'S WHAT I DID. UH, WHEN THE PAPERWORK GOT BACK TO ME, IT HAD BEEN CHANGED. IT SAID I WAS APPLYING FOR A FOUR FOOT 11 INCH VARIANCE. MM-HMM. , I DIDN'T QUITE UNDERSTAND THAT. BUT ANYWAY, UH, THE, I I, I MEAN, I, I'LL DO WHATEVER YOU GUYS COME UP WITH IF I CAN. I, I JUST, IF FOR ME TO TEAR THAT SHED DOWN AND THEN RENT, I, I, I MEAN THE RENT A STORAGE SPACE IS GONNA COST ME THREE THOU 3300, 30 $500 A YEAR. AND TO MOVE MY TOOLS OVER THERE TO A REMOTE LOCATION THAT I CAN'T, THAT'S NOT ANYWHERE NEAR THE PROPERTY. AND THAT, SO, UH, FOR ME, IT, IT REPRESENTS A PHYSICAL HARDSHIP AND A MONETARY HARDSHIP. AND I'M JUST ASKING, UH, FOR YOU TO GRANT THE VARIANCE, UH, BASED ON THAT, OR, OR THANK, YOU KNOW SOMETHING. THANK YOU, MR. OAKLEY. LET'S SEE IF WE HAVE ANY QUESTION. CAN I HAVE A QUESTION, QUESTION, QUESTION. I THINK MS. MS. KEVIN FIRST? YEAH, I, I HAVE A QUESTION FOR YOU. SO AM I TO UNDERSTAND THAT YOU ALREADY CUT, TRIMMED BACK THE OVERHANGS FROM THE SHED? THAT I IS WHAT YOU SAID THAT I DID WHAT? THAT YOU TRIMMED BACK THE OVERHANGS? I HAVE NOT, BECAUSE I DIDN'T KNOW WHAT TO DO. I'M, I'M GOING, BUT YOU'RE WILLING. WHATEVER I'M TOLD TO DO, THAT'S WHAT I'LL DO. AND YOU'RE, WILL, YOU'RE WILLING TO TRIM BACK THE, THE OVERHANGS AND PUT GUTTERS ON THE SIDE OF THE PROPERTY ADJACENT TO YOUR NEIGHBOR? YES, MA'AM. GOOD. ALRIGHT. THANK YOU. MS. PICASSO. YES. FIRST OFF, I WANTED JUST TO COMPLIMENT THAT YOUR HOME HAS BETTER EYELASHES THAN I DO ON A NORMAL DAY. AND IT'S, UM, [03:10:01] SO I JUST WANTED TO SAY THAT ABOUT THIS PROPERTY REAL QUICK. UM, AND HER LIPSTICK LOOKS GREAT. UH, IN ADDITION TO THAT, YOU MENTIONED THAT YOU HAD INQUIRED ABOUT HOW BIG OF A, OF A SHED YOU COULD BUILD ON THIS, UM, FROM THE CITY. AM I, AM I CORRECT IN UNDERSTANDING? NO, NO, MA'AM. I LOOKED, I, I'M NOT REAL INTERNET SAVVY, BUT I, I GOT, I LOOKED MYSELF AND IT, UH, IT SAID, IT MY UNDERSTANDING, IF IF IT DIDN'T EXCEED 300 SQUARE FEET, THEN YOU DIDN'T NEED A PERMIT. OKAY. A, A A BUILDING PERMIT. SO, UH, THIS, THIS ONE'S EIGHT BY 28, WHICH IS 224 SQUARE FEET. AND, UH, SO I, SO AND, AND THEN FOR STAFF, I, HE, HE HAS RECORD OF SPEAKING WITH TWO FOLKS FROM, FROM CODE OR FROM CITY OF SAN ANTONIO. DO WE HAVE RECORD OF WHAT, WHAT THAT, UM, WHAT THAT COMMUNICATION LOOKED LIKE? IT JUST, UH, SAYS THAT IT'S AN INVESTIGATION, AN OPEN INVESTIGATION FROM MARCH OF 2023. THANK YOU. THANK YOU. THANK YOU. MS. . DO WE HAVE IT AT MR. MANNA RTG? SURE. I'LL, I HAVE A QUESTION. SO, SO TWO QUESTIONS. ONE FOR STAFF. SO, UM, THE STRUCTURE THAT'S BEEN INDICATED, UM, IS FAIRLY LARGE WITH REGARDS TO AVAILABLE SQUARE FOOTAGE ON THE PROPERTY. AND IS THERE ANY MINIMUM, UM, REQUIREMENT FOR HOW MUCH SPACE HAS TO BE, UH, UM, PERVIOUS WITH REGARDS TO A, A PROPERTY? SO HE HAS A HOUSE THAT'S, WE'LL SAY 50%. UH, NOW HE'S ADDING ANOTHER STRUCTURE ON THERE. THAT'S, THAT'S ALSO, THAT'S PRETTY LARGE. UM, SO MAKE IT UP MORE THAN 50% OF IT BEING PERVI OR NOT PERVIOUS. NOW, IS THAT, IS THAT PERMITTED ON A PROPERTY? UM, OKAY, SO LOOKING AT PERVIOUS MATERIAL, I'M NOT SEEING THAT HE'S EX EXCEEDING THAT WITH, WITH JUST THE ADDITION OF THIS UNIT, BECAUSE IT'S ONLY 232 SQUARE FEET OR SOMETHING LIKE THAT. BUT ESSENTIALLY IT, WELL, IF YOU LOOK OVERHEAD, THAT'S PRETTY MUCH THE, THE WHOLE REST OF THE PROPERTY RIGHT THERE, THAT SIDE. AND SO, SO IT'S A, IT'S A FAIRLY SMALL LOT, UM, FROM WHAT I SEE AND, AND THIS, AND THIS SHED GOES ALL THE WAY BACK TO THE BACK OF THE PROPERTY, I DON'T BELIEVE. AND GUYS, YOU TELL ME 'CAUSE YOU WENT ON THE SIDE VISIT, BUT WE DIDN'T SEE THAT AS AN ISSUE, CORRECT? WHEN WE WENT YEAH, NO, THE NO, WE DIDN'T. HE HE'S CLEAR ON THAT. HE, ON THE SECOND QUESTION. SO ONE OF THE THINGS THAT, UH, THE APPLICANT'S TALKED ABOUT IS, UM, THERE'S DIALOGUE ABOUT SHAVING, UM, THE, UM, THE, THE, THE, UM, EAVE OFF OF THE SIDE. AND DOES THAT CHANGE THE DIALOGUE WITH REGARDS TO, UH, PERMITTED VARIANCES? BECAUSE THE RULER SHOWED ONE FOOT, IF I SAW CORRECTLY, TO THE SIDEWALL. SO IT WOULD ONLY STILL BE, IT WOULD STILL BE ONE FOOT THEN AT THAT POINT WITH REGARDS TO THE VARIANCE SOUGHT. WOULD THAT BE CORRECT? YES. SO WE'RE TALKING ABOUT A, A FOUR FOOT VARIANCE INSTEAD OF A FOUR FOOT 11 INCH VARIANCE. YES, THAT'S, YES. SO EVA SHAPED RIGHT? QUESTION. MAY ONE SECOND STILL HAVE, IS THAT MS. MAD? OKAY, MR. MAY, MAY I ADD JUST ONE THING ABOUT THERE'S, THERE'S YARD BEHIND THE HOUSE THAT YOU CAN'T SEE IN THIS PHOTOGRAPH, AND THEN THERE'S ROOM IN FRONT OF THE SHED. UH, SO I DON'T KNOW. YOU KNOW, IT'S NOT JUST THE HOUSE AND THE SHED. THERE'S MORE, THERE'S ROOM THERE. THERE'S A, THERE'S A YARD BEHIND THE HOUSE. SO, AND I WAS STEPPED OUTSIDE, SO I'M NOT SURE. DID WE HAVE, UH, THE PUBLIC COMMENT YET? NOT YET. WE'RE STILL WITH THE, UH, WE'RE STILL QUESTIONING THE APPLICANT AND THEN WE'LL GO TO PUBLIC COMMENT, MR. ZUNIGA. OKAY, SIR. OKAY. UH, YOU ARE OAKLEY IN INCORPORATE 4 0 1 K? YES, SIR. THESE, THESE HOMES, WHEN I WAS ACTIVE AND, AND IN MY BUSINESS, WE PURCHASED THESE LITTLE HOUSES, UH, TO PUT IN A 4 0 1 K PLAN FOR THE EMPLOYEES. OKAY. SO IT IS ON A 4 0 1 PLAN. A 4 0 1 K IS THE, IS IS THE OWNER, AND I'M THE, YOU'RE THE OWNER? UH, YES. YES, SIR. UH, I THINK I AGREE WITH YOU ON THE SHED. NOT A PERMIT. YOU DON'T NEED A PERMIT OR, OKAY. BUT MY CONCERN HERE IS DO YOU HAVE ANY, UH, FIRE RETARDANT MATERIAL ON THE SIDES OF THE SHED? [03:15:02] I KNOW IT'S METAL. RIGHTLY IT'S OVER NEARLY A HUNDRED PERCENT METAL. RIGHT? IS THERE ANY HIGH, IF A FIRE, IF A FIRE STARTED THERE, I MEAN, IN THE SHED, AND I THINK YOU ARE USING A, YOU DON'T HAVE ELECTRICITY THERE, YOU ARE USING A CABLE, RIGHT? JUST A EXTENSION CORD? YES, SIR. YEAH, LIKE AN EXTENSION CORD. OKAY. SO THAT'S MINUS. AND, UH, SO I MEAN, AND EVEN, UH, I, IF SOMEBODY TOLD YOU TO SHAVE OFF THAT CODE, COMPLIANCE OFFICER TOLD YOU THAT, I MEAN, THAT'S, AND YOU HAVEN'T DONE IT, YOU HAVEN'T CUT, CUT OR SHAVE OFF OR CUT PARTS OF THE OVERHANG? I HAVEN'T DONE IT YET. YEAH. 'CAUSE I DIDN'T KNOW WHAT TO DO. NO. I JUST WANTED TO WAIT UNTIL, YEAH, SO, BUT THAT'S ANOTHER QUESTION. ANOTHER THE CO PINES TOLD YOU. OKAY. SO THE THING IS, IT'LL GO TO YOUR NEIGHBOR RIGHT NOW, AND THAT'S LIVING THERE. THE WATER WILL, SINCE YOU HAVE IT ON A SL, WHICH IS OKAY, BUT I MEAN, THE THING IS, UH, IT'LL BE PRETTY DIFFICULT EVEN IF YOU PUT GUTTERS. I MEAN, IT STILL WOULD GO. THAT WAS SO, OKAY. THANK, THANK YOU, MR. SO I DON'T, I DON'T UNDER OKAY. THANK YOU MR. ZUNIGA. DO WE HAVE ANY OTHER QUESTIONS FOR THE APPLICANT? OKAY, HEARING NONE, UH, STAFF, DO WE HAVE ANY VOICEMAIL OR PUBLIC CONFIDENCE TO BE READ INTO THE RECORD? HE'S MR. OAKLEY. SO WE DO HAVE A KELLY WOFFORD. MR. WOFFORD? YES. UM, I OWN THE TWO PROPERTIES NEXT DOOR ON, ON THAT SIDE TO THE RIGHT OF MR. OAKLEY. AND, UM, CAN YOU STATE YOUR NAME AND ADDRESS FOR THE RECORD? UH, KELLY WALFORD AND I OWN, UH, 2 3 1 AND 2 3 3 VALENTINO. AND, UM, YEAH, WE'VE, I MEAN WE'VE DISCUSSED IT AT LENGTH AND, AND WE, YOU KNOW, I MEAN, I, WE DON'T, I DON'T HAVE AN ISSUE WITH ANY OF IT. UH, LIKE YOU SAID, THERE WASN'T A SHED THERE THAT WAS IN, UH, I DON'T KNOW HOW LONG IT HAD BEEN THERE, BUT, AND IT WAS IN BAD SHAPE. AND SO HE, UH, I MEAN, IN MY, IN MY OPINION, HE, HE IMPROVED IT AND IF NOTHING ELSE, AND, UH, AS FAR AS THE WATER, UH, WE DISCUSSED IT AND HE SAID HE, YOU KNOW, HE'D BE WILLING TO CUT IT BACK AND, AND PUT A GUTTER ALONG THERE TO ALLEVIATE ANY WATER. ALRIGHT. AND YOU'D BE THE ONE MOST AFFECTED BY THAT WATER? I, I'D BE THE ONLY ONE AFFECTED BECAUSE THE ONLY ONE AFFECTED BY THE WATER. YEAH, IT, RIGHT THAT YARD IS, IS RIGHT THERE. OKAY. ALRIGHT. THANK YOU. AND, AND THEN, AND I DON'T KNOW IF IT WOULD MATTER, BUT YOU KNOW, HIS, UH, WHEN WE WERE TALKING ABOUT HIM PURCHASING A, A SECTION OF MY PROPERTY, UM, WHAT CAME INTO PLAY IS THAT BECAUSE MY PROPERTY HAS TWO HOMES ON IT, UM, I'M A, I HAVE A N C U, SO, UH, THAT WOULD GET, THERE WOULD BE ISSUES WITH THAT. I WAS HAVING TROUBLE GETTING PERMITS FOR PLATTING AND, I MEAN, BECAUSE THEY WANTED ME TO REPL AND REZONE AND ALL KINDS OF THINGS. SO, UM, IT WOULD, UH, MISS, UH, RAMIREZ ACTUALLY TOLD ME, SHE SAID THAT IT WOULD PROBABLY INTERFERE WITH THE N C U AND IT'D BE A WHOLE, SO NOT JUST THE REPL COSTS, BUT LOSING HIT MAY RIGHTS THAT WERE, YEAH. RIGHT. OKAY. LET'S SEE. ANY QUESTIONS FOR HER? OKAY. DO WE HAVE ANY OTHER, UM, VOICEMAILS OR SPEAK, UH, CITIZENS TO SPEAK? THERE WERE NO VOICEMAILS TODAY. UM, HE WAS THE ONLY ONE I HAD. ALL RIGHTY. WELL THEN, UM, MR. OAKLEY, WOULD YOU LIKE TO PROVIDE ANY PUBLIC, ANY, ANY CLOSING COMMENTS BEFORE WE CLOSE THE PUBLIC PORTION? UH, JUST A QUICK, UH, LITTLE SUMMARY BEFORE WE CLOSE THE PUBLIC PORTION AND TAKE A VOTE. WELL, I DON'T, I JUST DON'T, UM, BELIEVE THAT, THAT THE SHED IS, IS HURTING ANYBODY, IT HURTING THEIR PROPERTY VALUES OR, OR ANYTHING OF, OF THAT NATURE. MOST PEOPLE THINK OF THIS STREET AS AN ALLEY. 'CAUSE THAT'S WHAT IT LOOKS LIKE. IT'S BEHIND THE SCHOOL. THERE'S VERY, VERY LITTLE TRAFFIC THAT COMES DOWN THROUGH THERE. BUT, UH, I JUST, UH, IT, IT WOULD BE A, A FINANCIAL, UH, AND PHYSICAL HARDSHIP TOO FOR, YOU KNOW, IF YOU HAVE TO TEAR IT BACK, TEAR IT DOWN IF Y'ALL TELL ME TO, AND THEN GO AND RENT SOMEPLACE. UH, ELSE I'M JUST ASKING IF YOU WOULD PLEASE, UH, TAKE THESE THINGS INTO CONSIDERATION. THANK YOU, MR. OAKLEY. I'LL MAKE A, OKAY. MS. KALEY, SIR, UH, WE'RE MR. ZUNIGA, YOU READY? UH, WE'RE READY TO MAKE A MOTION HERE. PARDON ME? OKAY. I KNOW IT'LL BE A HARDSHIP FINANCIALLY TO REDO [03:20:02] A, A S**T LIKE THIS. UH, WOULD YOU BE AMENABLE TO PUT IN SOME FIRE RETARDANT, UH, MATERIAL, UH, SHEET ROCK, ET CETERA, ON THE INSIDE OF THE WALL THAT WE SEE IT HERE ON THE RIGHT THING AND MAYBE PLACE GUTTERS IF IT'S, UM, AGREE UPON 'EM TO THE SHED? WE DON'T, I I, I DON'T WANT TO FOR YOU TO TEAR IT DOWN, YOU KNOW, BUT I MEAN, YOU GOTTA YOU GOTTA GET WITHIN THE SCOPE OF THE, OF THE LAW. THEY, SO THIS IS WHAT I'M ASKING. I WOULD BE, YOU KNOW, WHATEVER. OKAY. I WOULD BE WILLING TO, IF, IF, IF, IF YOU, IF Y'ALL LET ME LEAVE IT WHERE YOU TELL ME WHERE, WHAT YOU WANT ME TO DO, AND I'LL DO IT. THE CHAIRMAN, THE CHAIRMAN PREROGATIVE HERE. SO IF YOU COULD AMEND YOUR MOTION TO SAY YOU'RE GONNA INCLUDE A GUTTER ON THAT, UH, PROPERTY LINE, UH, THEN THAT WOULD BE ACCEPTED BY THE BOARD. SO IF YOU JUST SAY, I, UH, I HEREBY AMEND MY MOTION TO INCLUDE A GUTTER APPLICATION. HE AMENDS HIS APPLICATION. I, I DO, I HEREBY AMEND MY MOTION TO INCLUDE A GUT TO CUT THE EVE COMPLETELY OFF OF THAT BUILDING ON THAT EAST, ON THAT EAST SIDE AND INSTALL A GUTTER FROM ONE END TO THE OTHER. I, ALRIGHT. THANK YOU, SIR. THANK YOU. UH, MR. CHAIRMAN. MR. ZUNIGA, I WANNA TAKE THAT. ONLY THE GUTTERS. YEP. ONLY THE GUTTERS NOT TO SHAVE. OKAY, WELL, WE'LL, WE'LL, THE MOTION'S BEING READ BY RIGHT NOW BY MS. KAPLAN. SO, LET'S SEE. OKAY, HERE WE GO. REGARDING CASE NUMBER BO A DASH 23 1 0 3 0 0 2 3 8, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A FOUR FOOT 11 INCH VARIANCE IN THE MINIMUM FIVE FOOT SETBACK TO ALLOW AN ACCESSORY STRUCTURE WITH ONE INCH. NO, WE'RE TALKING ABOUT, UH, SHAVING THE, UM, TO ALLOW AN ACCESSORY. IT WOULD BE WITH 12, WAS IT 12 INCHES? 'CAUSE WE WANNA PUT GUTTERS IN TWO. SO IS IT NINE INCHES OR NINE INCHES TO INCLUDE, UH, NINE INCHES TO INCLUDE GUTTERS, UH, APPLICANT BEING OAKLEY INCORPORATED 4 0 1 K PLAN? BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE IS AMENDED TO RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS REPRESENTED BY RESTRICTED SIDE SETBACK TO PROVIDE SPACING BETWEEN THE PROPERTY LINE AND THE ACCESSORY STRUCTURE. STAFF FINDS THE VARIANCE IS SUITABLE AND DOES NOT IMPOSE ON THE PUBLIC INTEREST OF THE ADJACENT NEIGHBOR BY HAVING APPROPRIATE DISTANCE FROM THE SHARED PROPERTY. LINE. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS A SIDE YARD IS LIMITED IN ROOM WITHOUT GOING INTO THE SIDE SETBACK. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE ACCESSORY STRUCTURE WILL BE NINE INCHES FROM THE SIDE PROPERTY LINE, WHICH OBSERVES THE SPIRIT OF THE ORDINANCE AND INTENT OF THE CODE, AS IT WILL HAVE ADEQUATE DISTANCE TO THE SHARED PROPERTY LINE AND NEIGHBORING STRUCTURE. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS, WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE STRUCTURE WILL MAINTAIN NINE INCHES FROM THE SIDE PROPERTY LINE, WHICH IS NOT LIKELY TO INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY. AS STAFF OBSERVED OTHER SIMILAR PLACEMENTS IN THE AREA. SIX PLED THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SORT 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 DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FOUND UNIQUE CIRCUMSTANCES ON THE SUBJECT PROPERTY THAT WOULD WARRANT THE NEED FOR A REDUCED SIDE SETBACK AS A SIDE YARD DOES NOT HAVE ADEQUATE SPACE TO PUT AN ACCESSORY STRUCTURE WITHOUT INTRUDING INTO THE SIDE SETBACK. END OF MOTION. SECOND. SECOND. OKAY, MR. CHAIRMAN, WE'RE I I WOULD LIKE TO, UH, THE DEFINITION OF SHAVEN, THAT'LL BE ONE INCH A QUARTER INCH. WHAT? SHE READ THE MOTION THIS IS. OKAY, SO THIS IS WHAT WE UM, I I WE ARE ASKING YOU TO CUT BACK THE EVE AS YOU SAID, AND THEN PUT ON, ON THE, BETWEEN YOUR HOUSE AND IS IT, UH, 1 35? UM, YOUR BETWEEN 1 35, I MEAN, 2 35 IS MY PROPERTY. THE NO ONE NEXT DOOR IS 2 33. OKAY. BETWEEN 2 33. THAT, THAT EVE WILL BE SHAVED BACK ALL THE WAY TO THE BEGINNING, TO THE BUILDING. AND THEN YOU'LL ADD A GUTTER THREE INCH GUTTER. SO THAT WILL BE NINE INCHES BETWEEN THAT [03:25:01] GUTTER AND THE FENCE. THAT'S WHAT WE'RE PROPOSING. YES, MA'AM. YES, MA'AM. OKAY. AND MY QUESTION IS, YOU'RE SHAVING IT ALL THE WAY TO THE FACE OF THE BUILDING? YES. YES. YES, SIR. SO, SO WHAT, WHAT, WHAT GUTTER WOULD IT DO FOR THE RAIN IF IT ZIPS BACK? HE'LL HAVE GUTTERS WITH GUTTERS. IT WILL SLEEP. I KNOW, YOU KNOW, YOU CAN'T SHAVE IT ALL THE WAY BACK. I CAN'T. ONE INCH OR WHATEVER. YOU KNOW WHAT? I'M NOT, I'M NOT AN ENGINEER. IF YOU WANNA DO IT, OKAY, YOU WILL DO IT. NO, I DON'T, I DON'T WANT TO DO ANYTHING TO IT. I'D RATHER LEAVE IT JUST LIKE IT IS. BUT IF I HAVE, YOU SEE THE TWO BY FOUR? THANK YOU, MR. THIS IS COMING OUT THERE. JUST MR. WE'RE WE'RE CLOSING THE PART OF IT. NOT NOT ALL, ALL THE WAY TO THE MR, MR. WE'RE READY TO TAKE A VOTE. WE'RE TAKING THE VOTE. OKAY. WELL, OKAY. I, I, I CAN'T DO THAT. THAT INJUSTICE TO THE GENTLEMAN. THANK YOU. OKAY, MS. MS. PICASSO, I'M IN SUPPORT OF, OF, OF THE MOTION ADDITIONALLY, YOUR, YOUR NEIGHBOR. THAT'S, THAT WOULD BE THE DIRECT IMPACT OF THAT. HE'S, HE CAME IN HERE TO SUPPORT YOU. SO I'M GOOD WITH, WITH WHAT WAS READ. ALRIGHT, ANY OTHER COMMENTS BEFORE? YES, I WOULD ASK FOR SOME CLARIFICATION. THE, UH, MOTION NOW IS FOR VARIANCE OF WHAT LENGTH? NINE INCHES. THAT WOULD BE CUTTING IT ALL THE WAY BACK TO THE BUILDING AND THEN ADDING A THREE INCH CUTTER. SO THE VARIANCE IS FOUR FEET. HOW MANY INCHES? OH, I'M SORRY. FOUR FEET. FOUR. THREE, THREE INCHES AS OPPOSED TO THE ORIGINAL FOUR FEET. 11. IT'S NOW FOUR FEET. HOW MANY? THREE INCHES. FOUR FEET. THREE. OH, ALRIGHT. THANK YOU. LET'S GO AHEAD AND TAKE A ROLL CALL. WELL, AND AS A COMMENT JUST FOR MR. ZUNIGA TOO. SO, SO, SO HOW WE GET TO THE FOUR FEET, THREE INCHES IS REALLY UP TO THE APPLICANT. AND SO HE CAN STILL HAVE A ONE INCH OVERHANG WITH THE THREE INCH GUTTER ON THE HOUSE SO THAT THE, SO THAT THE OVERHANG DRIPS INTO THE, INTO THE GUTTER. SO, SO WE AREN'T NECESSARILY SPECIFYING THE DESIGN OF THE HOUSE ITSELF, WE'RE JUST DESIGNING THE, UH, THE, THE, THE OUTSIDE OF THE GUTTER BECOMES THE SIDE OF THE BUILDING. IS THAT CORRECT? ALL, ALL WE'RE STATING IS THAT YOU, YOU WILL HAVE TO HAVE, UM, LET'S SEE, WAS IT NINE INCHES? NINE INCHES, NINE INCHES BETWEEN YOU AND THE, YOU AND THE WALL. I UNDERSTAND. AND HOWEVER YOU GET THERE IS HOW YOU GET THERE. OKAY? BUT IT'LL NEED TO INCLUDE A GUTTER. UNDERSTAND, LET'S UNDERSTAND. PLEASE, THE ROLL CALL VOTE PLEASE. MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MS. PICASSO? YES. DR. ? YES. MR. DEAN. I CONCUR. MS. CRUZ? YES, I CONCUR. MR. ZUNIGA. RELUCTANTLY I CONCUR WITH THE FINANCE OF FACT AND HOPEFULLY THE REQUESTER CAN, UH, USE THE JUDGMENT NOT TO GO TOO, TOO CLOSE TO THE SIDE OF, OF THE BUILDING. OKAY. TO CUT BECAUSE I KNOW WHAT I'M TALKING ABOUT. OKAY, THANK YOU. I DO THAT FOR A LIVING. OKAY. NEXT, PLEASE. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. MANEZ I CONCUR. MR. VASQUEZ I CONCUR. MR. EZ I CONCUR. MR. OZUNA? YES. I CONCUR WITH 11 IN FAVOR. ZERO AGAINST THE, UH, MOTION OF VARIANCE PASSES. PLEASE, UH, CONGRATULATIONS AND GOOD LUCK WITH THE PROJECT. THANK YOU SO MUCH. NEXT CASE, PLEASE, BO OH 8 23 1 0 3 0 0 2 4 0. ADDRESS IS 3 7 0 GROVE GROUP. BEFORE YOU, BEFORE YOU PROCEED, I JUST WANNA MAKE SURE WE HAVE THE APPLICANT HERE FOR THIS CASE. WE HAVE, WE HAVE. OKAY. SO THIS IS FOR TWO 40? YES, SIR. AND WE ALSO HAVE 2 41 AT 13,130 EAST IH 10. THAT ONE IS, UH, REQUESTING A CONTINUANCE. THEY COULDN'T BE HERE TODAY. OKAY. SO WE ALREADY, CAN WE GO AHEAD AND DO THAT? UH, WELL, I GUESS WE'LL HEAR THIS CASE AND THEN DO THAT. OKAY. SORRY ABOUT THAT. OKAY. UH, BO O A 23 1 0 3 0 0 2 4 0. ADDRESS IS 3 7 0 GROVE ROAD COUNCIL DISTRICT TWO APPLICANT IS MICHAEL HYMAN. A REQUEST FOR A FIVE FOOT VARIANCE FROM THE MINIMUM 30 FOOT STREET FRONTAGE TO ALLOW A 25 FOOT STREET FRONTAGE ZONING IS R FIVE. THE SUBJECT PROPERTY IS LOCATED ON GROVE ROAD NORTH OF RIGSBY AVENUE. THE APPLICANT IS SEEKING A VARIANCE FOR THE STREET FRONTAGE REQUIREMENT. THE PROPERTY IS ZONED R FIVE RESIDENTIAL SINGLE FAMILY DISTRICT, WHICH REQUIRES A MINIMUM 30 FEET STREET, 30 FOOT STREET FRONTAGE. CURRENTLY THE PROPERTY IS VACANT AND THE APPROVAL FOR THE OF THIS VARIANCE WILL ALLOW FOR THE DEVELOPMENT OF SINGLE FAMILY RESIDENCE. THE PROPERTY IS UNDERGOING THE PADDING PROCESS UNDER [03:30:01] THE APPLICATION, UH, NUMBER, LAND PLA 22 1 1 8 0 0 1 6 7. THIS IS THE SITE PLAN AND THE SUBJECT PROPERTY. AND THIS IS THE ALTERNATE VIEW OF THE PROPERTY AND YOUR SURROUNDING AREA. STAFF RECOMMENDATION, STREET FRONTAGE VARIANCE STAFF RECOMMENDS APPROVAL AND B O A 23 1 0 3 0 0 2 4 0 BASED ON THE FOLLOWING FINDINGS, WITHOUT THE VARIANCE, THE APPLICANT WOULD NOT BE ABLE TO CONSTRUCT A SINGLE FAMILY RESIDENCE. NOTIFICATION PLAN. STAFF MAILED OUT 12 NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION. AND WHEATLEY HEIGHTS ACTION GROUP. NEIGHBORHOOD DID NOT RESPOND. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. ALRIGHT, THANK YOU. LET'S SEE, DO WE HAVE ANY QUESTIONS FOR STAFF? NONE. ALL RIGHT. LET'S GET THE APPLICANT. UH, THANK YOU FOR YOUR PATIENCE, SIR. AND IF YOU'D LIKE TO, UH, TELL US ABOUT THE VARIANCE YOU'RE SEEKING TODAY AND, UH, SEE IF WE HAVE ANY QUESTIONS FROM THE BOARD. GOOD AFTERNOON. BOARD MEMBERS. UM, MY NAME IS EDUARDO DILORETO, UH, WITH PARHAM COMPANY, PROJECT MANAGER ON BEHALF AND REPRESENTING THE OWNER, MIKE HY. SO YEAH, THESE, MIKE JAIME BOUGHT, BOUGHT THE PROPERTY, UM, AND HE'S TRYING TO PLOT IT JUST TO, TO BUILD HIS, UH, HIS OWN, UH, SINGLE FAMILY HOME. RIGHT. THE, THE PROPERTY HAS A, A LOT OF TECHNICAL ENGINEERING CHALLENGES THAT WE HAVE GONE THROUGH. THE, THE PLATTING PROCESS, IT'S FLOODED, UH, AFTER HE BOUGHT IT, REALIZED THAT HE DOESN'T HAVE A LEGAL ACCESS THROUGH, UH, GROVEY ROAD, BUT THE, BECAUSE THERE IS A PORTION OF THE PROPERTY THAT DIDN'T BELONG TO THE PROPERTY, AND THAT WAS THE RESULT AFTER THE LEGAL AND, YOU KNOW, DOCUMENTAL, UH, RESEARCH PREVIOUS TO THE PLATT APPLICATION. SO THE ONLY ACCESS THAT HE ACTUALLY HAVE IS THROUGH, UH, COVINGTON ROAD. RIGHT. AND IT HAPPENS TO BE THANK YOU SO MUCH, . IT'S THAT LITTLE PORTION. OKAY. YEAH, RIGHT, EXACTLY. THIS ONE. SO, AND IT HAPPENS TO BE 25 FEET JUST, UH, THAT PORTION THAT HAS FRONT TOUCH THROUGH THE, YOU KNOW, THROUGH COVINGTON ROAD. SO WE, UM, WE WERE WORKING WITH THE STAFF AND WE FOUND OUT THAT THE, YOU KNOW, THE RIGHT WAY TO GO WAS TO ASK FOR A VARIANCE GIVEN THAT'S THE ONLY ACCESS THAT HE HAVE TO THE PROPERTY, RIGHT? UM, THE HARDSHIP OF COURSE IS THAT, UH, HIS, YOU KNOW, AVAILABILITY TO PLOT IS IN RISK AND, UM, OF COURSE THE DEVELOPMENT OF THE PROPERTY. AND AS YOU CAN SEE, THERE'S, YOU KNOW, IT'S, UH, YOU KNOW, FLOODED AND, AND THIS PORTION OF THE PROPERTY THAT HE THOUGHT IT WAS, UH, PART OF HIS PROPERTY AND AFTER THE, THE INVESTIGATION, IT DIDN'T. AND SO HE DOESN'T HAVE ACCESS, LEGAL ACCESS THROUGH ROBBERY ROAD. UM, AND I'M OF COURSE, UH, HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE. ALRIGHT, THANK YOU. LET'S SEE, DO WE HAVE ANY QUESTIONS FOR THE APPLICANT? CRUZ, MS. CRUZ? UM, SO I KNOW HE'S TRYING TO BUILD A HOME THERE BECAUSE IT HAS NOT BEEN BUILT. SO HOW BIG IS THE HOME GOING TO BE? WHAT'S THE SQUARE FOOTAGE, DO YOU KNOW? HE DOESN'T HAVE A PLAN FOR THAT. HE, HE'S JUST, UH, YOU KNOW, HE, HE RAISED THE MONEY FOR, FOR TO AFFORD THE PLA AND, UH, HE HOPES SOMEDAY TO, TO, TO BUILD IT. UM, OKAY. SO RIGHT NOW THE ONLY THING HE'S ASKING FOR IS TO GET CLEARANCE SO THAT HE CAN USE GROVE STREET AS AN ACCESS TO THE PROPERTY INSTEAD OF COVINGTON, OR HE WOULD HAVE BOTH. NO, HE, I MEAN, CURRENTLY THERE IS, THERE IS A, UM, AND ACTUALLY THERE, THERE IS A UTILITY EASEMENT. 'CAUSE THOSE ARE, AS YOU COULD SEE ON THE, ON THE PICTURES BEFORE HIGH VOLTAGE LINES. RIGHT. AND THERE IS A, THERE IS A KIND OF A GATE TO ACCESS THE EASEMENT. UM, AND PEOPLE USED TO GO THROUGH IT, BUT IT'S NOT OWNED BY HIM. SO, SO LEGALLY, YOU KNOW, FROM THE, AS YOU CAN SEE, THIS IS THE PLATT, RIGHT? THIS IS THE PLAT LAYOUT. SO LEGALLY THIS IS THE ONLY ACCESS THAT HE HAS TO HIS PROPERTY THROUGH COVINGTON? YEAH, THROUGH COTON. OKAY, BUT HE'S TRYING TO GET ACCESS TO NO, NO, NO, NO, NO. THE REQUEST IS JUST TO HAVE THE SO PERSON, THE MINIMUM, THE MINIMUM FRONTAGE FOR THESE, UH, TYPE OF PROPERTIES IS 30, 30 FEET OF, OF FRONTAGE. AND, AND IT, SO HIS, UH, PROPERTY, CAN WE SEE THE, THE PICTURE, UH, OF THE SECOND? YEAH, THERE WAS A PICTURE, UH, RIGHT THERE. YEAH. OH, OKAY. YEAH. SO, SORRY, GO BACK. UH, THAT ONE. SO IT HAPPENS TO BE THIS, UH, GATE TO HIS PROPERTY. OH, [03:35:01] I'M SORRY. NO, THIS ONE UHHUH IS THROUGH HIS PROPERTY. SO HIS PORTION IS ONLY 25 FEET INSTEAD OF 30. BUT THERE IS NO MATERIAL WAY THAT HE CAN OTHERWISE, I MEAN, THE ONLY WAY IS TO BUY THE NEIGHBORHOOD PROPERTY TO, TO COMPLY WITH THE 30 FEET, UH, FRONT TOUCH. UM, AND THAT'S, UH, THAT'S THE REASON SO THAT WE'RE APPLYING THAT WE APPLIED FOR THE VARIANCE TO ALLOW HIM TO ALLOW THE PROPERTY TO BE LESS THAN THE MINIMUM REQUIRED PER CODE. OKAY. OKAY. THANK YOU. SORRY. OKAY. CAN I ASK A QUESTION? OKAY. UM, STAFF IN TERMS OF LIKE FIRE, UH, GETTING FIRETRUCK ACCESS OR ANYTHING, THAT'S GONNA BE A SEPARATE ISSUE, RIGHT? AND PART OF THE PLATTING PROCESS WOULD BE FIRE REVIEW. CORRECT. AND AND THEY WOULD HAVE A SAY WHETHER OR NOT HE COULD PLAT DEPENDING ON THAT FRONT ACCESS AND, AND FIRE SOME. YES. SO LOOK AT ALL OF THE INFRASTRUCTURE, ALL OF THE ACCESS. YES SIR. YEAH, THAT WOULD BE MY CONCERN. IS THAT OKAY, MR. MANDEN? SO, UM, JUST AS A A, A QUESTION HERE FOR STAFF. UM, SO, SO IN THIS APPLICATION HERE, OR THE LINE ITEM AS IT'S LISTED, IT'S TALKING ABOUT, UM, ACCESS AND FRONT EDGE AND 25 FOOT LOCATED AT THREE 70, UH, UH, GROVE STREET. IT DOESN'T TALK ANYTHING ABOUT COVINGTON IN THIS. AND SO, SO IS THAT ADVERTISED WELL ENOUGH SO THAT PEOPLE UNDERSTOOD WHAT IT WAS THAT THEY WERE PROVING? YES, SIR. BECAUSE WE, YES SIR. WE USE, UM, THE AVAILABLE BEXAR COUNTY APPRAISAL DISTRICT INFORMATION AND THAT'S WHAT'S LISTED. SO IT'S LIKELY IF HE PLATT'S GONNA CHANGE ANYWAY AND WHEN HE GETS HIS ADDRESSING MIGHT CHANGE AGAIN FOR, FOR A DIFFERENT ADDRESS. BUT THE, THE CURRENT THREE 70 GROVE ROAD WORKS WELL, I'M JUST CONCERNED 'CAUSE WE'RE, 'CAUSE WE'RE NOT TALKING ABOUT ACCESS VIA GROVE. WE'RE AT, WE'RE TALKING ABOUT ACCESS VIA ANOTHER ROAD AND THE FRONTAGE AND EVERYTHING IS THIS OTHER ROAD. AND SO, SO, UM, YEAH. SO THE REST OF IT THOUGH, THE, THE IMPORTANT PART IS GONNA BE THE LOT AND BLOCK THE LEGAL DESCRIPTION AND SO THAT'S ALL ON THERE. AND SO IT PERTAINS TO THAT PROPERTY REGARDLESS OF THE SIDE OF THE PROPERTY THAT IT'S ON. DOES THAT WORK? NO, BUT YES. OKAY. ANY OTHER QUESTIONS FOR STAFF OR APPLICANT? ALRIGHT, DO WE HAVE ANY VOICEMAILS OR PUBLIC COMMENTS TO READ INTO THE NO SIR. PUBLIC RECORD. ALRIGHT. WOULD YOU LIKE TO PROVIDE ANY CLOSING STATEMENTS BEFORE WE CLOSE THE PUBLIC PORTION? NO. NO. THANK YOU. SO WE KNOW THE ISSUE HERE. ALRIGHTYY. DO I HAVE A, UM, MOTION MR. MANOR? MRS. CRUZ? YES. REGARDING CASE NUMBER BO EIGHT, UH, 2 3 1 0 3 0 0 2 4 0, I MOVED AT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR A FIVE FOOT VARIANCE FROM THE MINIMUM 30 FOOT STREET FRONTAGE TO ALLOW A 25 FOOT STREET FRONTAGE SITUATED AT 3 7 0 GROVE ROAD. APPLICANT BEING MICHAEL JAIME BECAUSE THE TESTIMONY PRESENTED TO US, UH, AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTERS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. IN THIS CASE, PUBLIC INTEREST IS REPRESENTED BY RESTRICTED STREET FRONTAGE REQUIREMENTS. WITHOUT THE VARIANCE, THE APPLICANT WOULD NOT BE ABLE TO DEVELOP A SINGLE FAMILY RESIDENCE ON THE PROPERTY. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT NOT BEING ABLE TO DEVELOP A SINGLE FAMILY RESIDENT. THREE. BY GRANTING THE VARIANCE, THE SPEAR OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE GRANTING OF THIS VARIANCE WILL OBSERVE THE SPEAR OF THE ORDINANCE AS THE SINGLE FAMILY RESIDENT WILL BE ABIDING BY ALL OTHER SETBACK REQUIREMENTS. FOUR. THE VARIANCE WILL NOT AUTHORIZED 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 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 THIS PROPERTY IS LOCATED. IF GRANTED, THE STREET FRONTAGE WILL BE 25 FOOT FOR THE LOT, THIS WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES AS THE ORIENTATION OF THE LOT IS UNIQUE. SIX, APPLY TO THE PROPERTY FOR THE, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY OR ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR 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 A VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE ORIENTATION OF THE LOT. THIS CIRCUMSTANCE DOES NOT APPEAR TO BE MERELY FINANCIAL IN THE MOTION. SECOND. SECOND. UH, ALL RIGHT, MS. MANO, WOULD YOU LIKE TO PROVIDE SOME COMMENT ON THAT? UM, YEAH, I DON'T SEE ANY ISSUES WITH THIS OTHER THAN THE DIALOGUE I HAVE WITH REGARDS TO WHICH STREET IT WAS LOCATED ON, BUT, UH, I'LL BE VOTING IN FAVOR. WHO WAS THE SECOND? THE SECOND WAS FROM CRUZ SECOND. IT DON'T MATTER. OKAY. OKAY. ANY COMMENT MS. CRUZ? UM, NO. I JUST AGREE WITH MR. MANNA. I THINK THIS WOULD BE A, UM, GOOD WAY OF, UM, [03:40:01] DOING OUR GOOD BEST AND HOPEFULLY, UM, HE CAN EVENTUALLY BUILD SOMETHING ON THAT PROPERTY. THANK YOU. THANK YOU. ANY OTHER COMMENT BEFORE WE TAKE A ROLL CALL? VOTE. HEARING NONE, LET'S GO AHEAD AND TAKE A ROLL CALL VOTE. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. DR. BURTON? UH, YES, I CONCUR. MS. PICASSO? YES. MS. KAPLAN? I CONCUR. MR. DEAN. I CONCUR. MR. ZUNIGA, I CON I CONCUR WITH THE FINANCIAL PLAN. MS. AVIVE. I CONCUR. MR. VASQUEZ. I CONCUR. MR. EZ I CONCUR. MR. OZUNA, I CONCUR WITH 11 IN FAVOR. ZERO IN OPPOSITION. THE VARIANCE DOES PASS. UH, GOOD LUCK WITH THE PROJECT AND I WISH YOU WELL. AND THANK YOU FOR YOUR PATIENCE HERE TODAY. UM, LET'S SEE. STAFF, DO WE HAVE ANY, WELL, WE HAVE THE MINUTES, RIGHT? AND THEN ANY, WE STILL NEED TO DO THE CONTINUANCE REAL QUICK FOR THAT LAST ITEM. OH YEAH, THE LAST ITEM YOU HAVE TO SO WHO? YEAH. YEAH. SO WHO WANTS TO READ THE OH OH I, UM, BO O A 23 103 0 0 2 4 1 LOCATED AT 13,130 EAST IH 10. THE APPLICANT IS SEEKING A CONTINUANCE TO, UM, SEPTEMBER 25TH. DO I? IS SOMEBODY QUESTION FOR STAFF? YES. MR. STAFF? UH, I DON'T KNOW IF YOU CAN OR CANNOT REQUEST, BUT IF, UH, WE COULD, UH, HAVE SOME RENDERING OKAY. OR SOME SURVEYS OR SOME PLOTTING FOR FROM THE APPLICANT TO ASK HIM TO IF, IF THEY WANNA BRING HIM TO PRESENT THEIR CASE. WAS THAT A QUESTION ON THE CONTINUANCE? NO, NO, NO, NO. OKAY. LET'S GO AHEAD AND DO THE CONTINUANCE FIRST. THAT'S WHAT WE'RE WORKING ON. UH, DO I HAVE A MOTION FOR THE CONTINUANCE? SECOND. UM, ALL IN FAVOR? WE CAN JUST TAKE A VOICE, UH, VOICE VOTE HERE. AYE. ALL IN FAVOR SAY AYE. AYE. OPPOSITION AN AY AYES HAVE IT. THE CON CONTINUANCE PASSES. THANK YOU. ALL RIGHTY. NOW DO WE DO THE MINUTES? DO WE HAVE THE MINUTES TO, THEY'RE GONNA BE AVAILABLE FOR THE NEXT MEETING. YEAH, THAT'S WHAT I THOUGHT. OKAY. ANY OTHER BUSINESS REPORTS FROM STAFF OR WE GOOD? YEAH. REPORTS. NO, SAME QUESTION. SEE YOU NEXT MONDAY. NO, NEXT QUESTION, MR. STAY AND ASK YOU QUESTIONS. COULD YOU REQUEST FROM THE APPLICANT'S THE RENDERINGS, I'M NOT ADJOURNED YET? UH, SUGGESTIONS FOR RENDERINGS, SURVEYS PLOTTING? YES SIR. WE CAN DO THAT. OKAY. THANK YOU VERY MUCH. ALRIGHT, THE TIME IS 4:55 PM AND WE ARE ADJOURNED. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.