[00:00:01]
INSPIRATION.UH, I'D LIKE TO CALL THE MEETING TO ORDER.
IS, UH, WE RECORDING AND, AND THE TWO COMMISSIONERS THAT ARE ONLINE, THEY, THEY HAVE, THEY'VE BEEN TESTED.
DO THEY NEED TO DO A CHECK OR ANYTHING? THEY'RE FINE.
HAVE THE SPANISH INTERPRETER COME OUT, GIVE THEIR PRESENTATION.
UM, I GUESS Y'ALL CAN WORK ON MR. ZUNIGA.
I'LL READ, I'LL GO THROUGH THE UH, INTRO.
THANK YOU MR. COMMISSIONER ZUNIGA.
SO IF EVERYONE CAN PLEASE BE KIND TO, UH, SILENCER MOBILE DEVICES.
UH, IF YOU COULD, UH, JOIN ME IN THE PLEDGE OF ALLEGIANCE.
I PLEDGE ALLEGIANCE TO THE FLAG, THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS.
ONE NATION UNDER GOD, INDIVIDUAL WITH LIBERTY AND JUSTICE FOR ALL HONOR TEXAS.
FLAG I TO BE JUST TO BE TEXAS.
ONE STATE UNDER GOD, ONE INDIVIDUAL.
[ Briefing and Possible Action on the following items ]
WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION.THE BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE.
THE CASES ARE LISTED BY A NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS.
FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT.
LASTLY, AS CHAIR WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS, I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS A CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING.
WE ARE PRIVATE CITIZENS APPOINTED TO THE 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, UH, ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA.
THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW.
WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT AND DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN THE PARTIES.
SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATOR AND THE SAN ANTONIO CITY COUNCIL.
THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL.
WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35.
WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 5.
IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY THE CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE.
EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS.
THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY'LL BE QUESTIONED BY THE MEMBERS OF THE BOARD.
ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER.
AFTER EVERYONE HAS HEARD THE CASE, IT WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION.
EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION.
IN ORDER FOR A MOTION TO CARRY.
IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES.
THE BURDEN OF PROOF AND GRANTING THE RELEASE OUGHT RESTS WITH THE APPLICANT.
THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED IN SUPPORTED APPEALS.
FROM THAT, THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW.
BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL.
PLEASE LIMIT YOUR PRESENTATION AND REMARKS OF THE PERTINENT FACTS OF YOUR CASE.
STAFF WILL BEGIN EACH PRESENTATION, EACH CASE WITH A SHORT PRESENTATION AND A REQUEST.
PART OF PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE, SPECIAL EXEMPTION, OR APPEAL
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AND PROPERTY WITHIN 200 FEET OF THE SUBJECT PROPERTY.CHECK MARK INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION FOLLOWING THIS PRESENT, FOLLOWING THIS PRESENTATION.
ANY QUESTIONS ABOUT THE BOARD? THE APPLICANT WILL PRESENT THEIR REQUEST FOR THOSE SIGNUPS TO SPEAK FOR OR AGAINST A PROPELLED VARIANCE, SPECIAL EXEMPTION OR APPEAL.
YOU'LL BE CALLED IN ORDER TO SIGN UP TO SPEAK.
THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED MAXIMUM THREE MINUTES PER SPEAKER AND YOU WILL NOT BE OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION FOR THOSE.
I'D LIKE TO GIVE UP THEIR TIME TO THE SPEAKER.
THAT SPEAKER WILL BE ALLOWED OF MAXIMUM OF TWO PEOPLE GIVING UP THEIR TIME FOR A TOTAL OF NINE MINUTES.
THE, UH, THOSE GIVING UP THEIR TIME MUST BE PRESENT AND SIGNED UP TO SPEAK.
THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY TO REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG OPPORTUNITY TO ADDRESS THE BOARD QUESTIONS.
WE HAVE TWO LAST MINUTE POSTPONEMENTS.
ITEM FOUR LOCATED ON, UH, ONE 15 MILTON STREET AND ITEM FIVE LOCATED AT THREE 15 HENRY STREET.
WHEN THEY COME BACK, UH, THE PUBLIC WILL BE RE NOTIFIED AND ALSO ITEMS NUMBER ONE AND ITEMS NUMBER EIGHT.
ARE RECO REQUESTING A CONTINUANCE? YES.
AND I JUST CONFERRED WITH LEGAL.
AND YOU CAN TAKE ITEMS ONE AND EIGHT FOR CONTINUANCE AT THE SAME TIME.
ARE WE ALLOWED TO ENTERTAIN ITEM EIGHT? 'CAUSE THE NOTE ON THE AGENDA SAYS IT WILL NOT BE HEARD EARLIER THAN 3:00 PM RIGHT.
SO HE'S SAYING TO WAIT TILL THREE ON THAT ONE.
AND THEN, UH, NUMBER ONE WE CAN DO JUST BY CALLING OUT NUMBER ONE IS CONTINUED TO WHICHEVER DATE YOU GUYS LIKE.
ALRIGHT, WELL THEN WE'LL HEAR, UM, ON ITEM NUMBER ONE, UH, WHAT IS THE DATE? THEY'RE, UH, TWO WEEK CONTINUANCE FOR THE 6TH OF NOVEMBER.
ALL RIGHT, THANK YOU VERY MUCH.
DO YOU NEED TO MAKE A BRIEF PRESENTATION OR CAN WE JUST JUST GO RIGHT TO IT? GO RIGHT TO IT.
LOOKING FOR COMMISSIONER TO MAKE A MOTION.
CASE NUMBER TWO THREE DASH 0 3 0 2 6 8 TO NOVEMBER SIX.
UH, ALL OPPOSED? ANY OPPOSED? HEARING NONE.
ITEM IS CONTINUED TO NOVEMBER 6TH.
SO JUST AS A NOTE FOR MY COMMISSIONERS, IT DOES LOOK LIKE THE, UH, BRIEFINGS THAT I HAVE ARE IN REVERSE ORDER.
AND SO JUST BE COGNIZANT OF THAT AS WE'RE GOING THROUGH.
SO IT'S KIND OF, OH, THROUGH THE POWERPOINT.
I DON'T KNOW IF THE POWERPOINT IS.
YEAH, I THINK, I THINK EVERYTHING IS OKAY.
SO IF EVERYONE GOT THAT, UH, ON YOUR SCREENS, YOU MIGHT BE, UH, SEEING ITEMS OUTTA ORDER.
MY NAME IS JUAN ALVAREZ, PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER BO OA DASH 23 DASH 1 0 3 0 0 2 68.
APPLICANT MARVIN EDMOND IS REQUESTING FOR A SPECIAL EXEMPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK FACE.
LOCATED AT FIVE 50 CANTON STREET, ZONED RESIDENTIAL SINGLE FAMILY DISTRICT AND COUNCIL DISTRICT TWO.
THE SUBJECT PROPERTY IS ON THE SOUTH SIDE OF CANTON STREET BETWEEN NORTH GERR STREET AND NORTH MIDLAND STREET.
THE PROPERTY CURRENTLY HAS ONE EXISTING SINGLE FAMILY DWELLING SURROUNDING USES INCLUDE SINGLE FAMILY RESIDENTIAL AND A CHURCH FROM THE NEIGHBORING SOUTH VIEW, THERE IS CURRENTLY TWO OTHER TWO TYPE TWO STR PERMIT ISSUED ON THE SAME BLOCK FACE OF THE SUBJECT PROPERTY, THE APPLICANT IS SEEKING A SPECIAL EXEMPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL UNIT ON THE BLOCK FACE.
THERE IS CURRENTLY TWO ACTIVE TYPE TWO SHORT-TERM RENTAL PERMITS ON THE BLOCK.
ONE OF THEM HAVING BEEN APPROVED BY THE BOARD OF ADJUSTMENTS ON AUGUST 21ST, 2023.
A UNIT IS DEFINED AS HAVING ITS OWN DISTINCT SLEEPING AREA, KITCHEN AND BATHROOM.
TYPE TWO INDICATES THAT THE OWNER SLASH OPERATOR OF THE PROPERTY DOES NOT OCCUPY THE SITE AS THEIR PERMANENT LEGAL RESIDENCE.
THIS IS THE SIDE PLAN OF THE PROPERTY SUBMITTED AT THE TIME OF THE APPLICATION.
THIS IS THE SUBJECT PROPERTY AND THE NEXT FEW SLIDES ARE THE NEIGHBORING PROPERTIES AND SURROUNDING AREAS.
THERE ARE 13 UNITS PRESENT ON THE BLOCK FACE WITH TWO STR TYPE TWO ALREADY PRESENT.
BLOCK FACE DENSITY IS CURRENTLY AT 15%.
IF AN ADDITIONAL STR TYPE TWO IS APPROVED,
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BLOCK FACE WILL BE AT 23%.STAFF RECOMMENDS DENIAL AND BO OA DASH 23 DASH 1 0 3 0 0 2 6 8 FOR A SPECIAL EXEMPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK FACE.
BASED ON THE FOLLOWING FINDINGS OF FACT, ONE PER SECTION 16 DASH OF THE CITY CODE STAFF FINDS THAT THE APPROVAL OF OF AN INCREASE IN THE TYPE TWO SHORT-TERM RENTAL PERMIT DENSITY WILL BE DE DETRIMENTAL TO THE HEALTH AND SAFETY OF THE OCCUPANTS OF THE SHORT-TERM RENTAL PROPERTY.
AND TO THE INTEGRITY OF THE NEIGHBORHOOD IN WHICH THE SHORT-TERM RENTAL PROPERTY OPERATES, TWO STAFF IS UNABLE TO IDENTIFY ANY UNIQUE CIRCUMSTANCE WHICH WARRANTS NEARLY DOUBLING THE DENSITY LIMITATION FOR TYPE TWO SDRS ON THIS BLOCK FACE, 38 NOTICES WERE MAILED OUT ZERO IN FAVOR TO AN OPPOSITION AND THERE WAS NO RESPONSE FROM THE JEFFERSON HEIGHTS NEIGHBORHOOD ASSOCIATION.
THIS CONCLUDES STAFF PRESENTATION.
APPLICANT IS HERE TO ANSWER ANY QUESTIONS AND THE CITY FINANCE DEPARTMENT IS ALSO PRESENT FOR ANY HOT ACCOUNT RELATED QUESTIONS.
A QUICK QUESTION FOR STAFF OF THE TWO THAT'S ALREADY ON THE BLOCK FACE OR EITHER ONE OF THOSE TWO UP IN THE NEAR FUTURE.
SO CURRENTLY THERE, THERE IS TWO ACTIVE ON THE BLOCK FACE.
IT'S FIVE 14 CANTON AND 5 36 CANTON.
THOSE ARE THE ONES THAT ARE ACTIVE ON THE BLOCK FACE, BUT YOU DON'T KNOW WHEN THEIR PERMITS ARE OUT.
THE THREE YEARS ONE ONE WAS APPROVED JUST A COUPLE WEEKS AGO VIA SPECIAL EXCEPTION.
AND THE OTHER I THINK HAS AT LEAST A YEAR AND A HALF LEFT ON IT.
ANY OTHER QUESTIONS FOR STAFF CRUZ? COMMISSIONER CRUZ? OH, YOU'RE SAYING THERE'S TWO IN OPPOSITION.
CAN YOU TELL US WHERE, BECAUSE IT'S NOT SHOWING ON THE MAP.
OH, THE, IT'S SHOWING ON THAT ONE, BUT NOT ON THE ONE WE HAVE ON OUR SCREEN THAT'S AT FIVE 30.
SO THE OPPOSITION IS IN 5 38 CANTON AND 5 42 CANTON.
LET'S HEAR FROM THE APPLICANT.
UH, CAN YOU REFRESH MY MEMORY? WHAT WAS THE RELEVANCE OF THE CASE ON AUGUST 21ST? WAS THAT THAT MILITARY MEMBER THAT WANTED THE SPECIAL? UH, YES.
COMMISSIONER ZUNA OF THE TWO OPPOSITIONS, ARE ANY OF THESE, UM, I CAN'T SEE THE REFERENCE BACK.
ARE ANY OF THESE EXISTING SHORT TERM RENTAL, UH, THAT OPPOSED TO, UM, NO.
SO THE OPPOSITION SEEMS TO BE THIS, THE PROPERTY OWNER GABRIEL ESPARZA, HE LIVES IN 5 38 KENSTON AND HE OWNS 5 42 KENSTON.
HEARING NOW, LET'S HEAR FROM THE APPLICANT PLEASE.
GOOD AFTERNOON, CHAIRMAN AND, UH, MEMBERS OF THE BOARD OF ADJUSTMENT.
UH, I'M HERE TO RESPECTFULLY REQUEST A SPECIAL EXEMPTION TO THE BLOCK FACE DENSITY LIMITATION OUTLINE FOR SHORT TERM RENTALS TYPE TWO AND RESIDENTIAL AREAS.
MY PRIMARY MOTIVATION FOR REQUESTING THIS SPECIAL EXEMPTION ARE THREEFOLD.
ONE, SUPPORTING MILITARY FAMILIES OF THOSE BASIC TRAINEES THAT GRADUATE HERE WEEKLY TWO, CONTRIBUTING TO THE JEFFERSON HEIGHTS NEIGHBORHOOD REVITALIZATION AND THREE, ACCOMMODATING TRAVELING, UM, MEDICAL PROFESSIONALS WHO SUPPORT SAN ANTONIO'S 17 TRAUMA FACILITIES TO INCLUDE TWO LEVEL ONE TRAUMA CENTERS.
THE CITY HAS EXPRESSED CONCERNS THAT THE APPROVAL OF MY SPECIAL EXEMPTION EXCEPTION REQUEST WOULD BE DETRIMENTAL TO THE HEALTH AND SAFETY OF THE OCCUPANTS OF MY PROPERTY AND THE INTEGRITY OF THE NEIGHBORHOOD IN WHICH THE SHORT-TERM RENTAL PROPERTY OPERATES.
I UNDERSTAND AND I SHARE THESE CONCERNS, BUT I WOULD ALSO LIKE TO ADDRESS THEM IN A KIND OF COMPREHENSIVE MANNER.
IF I COULD JUST REALLY QUICK FIRST, BEGINNING WITH THE HEALTH AND SAFETY OF THE OCCUPANTS, ENSURING THE HEALTH AND THE SAFETY OF MY SHORT-TERM RENTAL OCCUPANTS IS OF PARAMOUNT IMPORTANCE TO ME.
AS A REGISTERED NURSE AND A 24 YEAR AIR FORCE VETERAN, I AM WELL AWARE OF THE SIGNIFICANCE OF PROVIDING A SECURE AND HEALTHY ENVIRONMENT.
MY BACKGROUND EQUIPS ME WITH THE KNOWLEDGE AND EXPERIENCE NECESSARY TO MAINTAIN HIGH STANDARDS OF CLEANLINESS AND SAFETY.
IN MY SHORT TERM RENTAL, I HAVE IMPLEMENTED STRINGENT CLEANING PROTOCOLS, SAFETY MEASURES, AND EMERGENCY RESPONSE PLANS TO ADDRESS ANY UNFORESEEN SITUATIONS PROMPTLY.
ADDITIONALLY, BY OFFERING ACCOMMODATIONS TO THE FAMILIES OF BASIC MILITARY TRAINEES, I AM ENHANCING THEIR ABILITY TO SUPPORT THEIR LOVED ONES DURING A VERY, A VERY CHALLENGING PERIOD.
THIS SUPPORT CONTRIBUTES TO THE MENTAL AND EMOTIONAL WELLBEING OF THESE FAMILIES, AND BY EXTENSION, THE HEALTH AND MORALE OF THE MILITARY PERSONNEL IN OUR COMMUNITY.
NUMBER TWO, THE INTEGRITY OF THE NEIGHBORHOOD.
I AM DEEPLY COMMITTED TO UPHOLDING THE INTEGRITY OF THE NEIGHBORHOOD
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IN WHICH I OPERATE.MY GOAL IS TO CONTRIBUTE POSITIVELY TO THE GENTRIFICATION AND REVITALIZATION OF THE AREA.
I UNDERSTAND THAT AN OVERABUNDANCE OF SHORT-TERM RENTALS CAN SOMETIMES DISRUPT THE SENSE OF COMMUNITY IN THE NEIGHBORHOOD.
HOWEVER, I AM DEDICATED TO MITIGATING ANY NEGATIVE IMPACTS BY MAINTAINING OPEN LI OPEN LINES OF COMMUNICATION WITH NEIGHBORS PROMPTLY ADDRESSING ANY CONCERNS AND ENSURING THAT MY PROPERTY IS WELL MAINTAINED AND RESPECTFUL OF THE LOCAL CHARACTER.
MY FINAL COMMENT IS CENTERED AROUND SOME INFORMATION I STUMBLED ACROSS.
WHILE RESEARCHING THE JEFFERSON HEIGHTS NEIGHBORHOOD ASSOCIATION, I LEARNED THAT THIS PARTICULAR NEIGHBORHOOD AREA WAS OFFICIALLY DESIGNATED AS AN OPPORTUNITY ZONE BACK IN 2018 BY GOVERNOR ABBOTT.
THE OVERARCHING OBJECTIVE OF THIS PROGRAM IS TO STIMULATE ECONOMIC GROWTH AND FOSTER JOB OPPORTUNITIES WITHIN DISTRESSED COMMUNITIES ACROSS TEXAS AND THE US.
I WISH TO UNDERSCORE THE TERM DISTRESSED UPON OBSERVATION, ONE CAN READILY IDENTIFY DILAPIDATED PROPERTIES, POORLY MAINTAINED STREETS, AND A PREVALENCE OF VARIOUS, VARIOUS CRIMINAL ACTIVITIES.
NOW, IN, IN LIGHT OF THIS, MY INTENTION IS TO ACTIVELY PARTICIPATE IN THE INITIATIVES AIMED AT UPLIFTING AND REVITALIZING THIS NEIGHBORHOOD.
MY VISION FOR THE NEIGHBORHOOD IS ONE OF RENEWAL WHERE RESIDENTS AND VISITORS COEXIST HARMONIOUSLY, ULTIMATELY STRENGTHENING THE SOCIAL FABRIC AND ECONOMIC GROWTH THIS AREA.
IN CLOSING, I HUMBLY REQUEST THE BOARD'S UNDERSTANDING OF THE UNIQUE CIRCUMSTANCES SURROUNDING MY APPLICATION AND THE SINCERE EFFORTS I HAVE MADE TO ADDRESS THE CITY'S CONCERNS.
I'M TRYING TO DO THIS THE RIGHT WAY, AND I KNOW THERE ARE SEVERAL SHORT-TERM RENTALS OUT THERE OPERATING WITHOUT A PERMIT WITHIN A CITY.
GRANTING A SPECIAL EXCEPTION IN THIS CASE, WOULD NOT ONLY BE COMPASSIONATE, BUT ALSO ALLOW ME TO CONTINUE SUPPORTING MILITARY FAMILIES AND HEALTHCARE PROFESSIONALS CONTRIBUTING TO THE BETTERMENT OF THE COMMUNITY.
I'D LIKE TO THANK YOU ALL FOR YOUR CONSIDERATION AND YOUR DEDICATION TO PRESERVING THE WELLBEING AND THE CHARACTER OF OUR COMMUNITY.
UH, IS THERE ANY QUESTIONS FOR THIS APPLICANT? ZUNA COMMISSIONER ZUNA, YOU MENTIONED YOU'D LIKE TO CONTINUE SERVING.
DO YOU OPERATE OTHER, UH, SHORT-TERM RENTALS IN THE CITY? NO, SIR.
I DO NOT OPERATE OTHER SHORT-TERM RENTALS.
UM, THAT IS HOPEFULLY A, UH, A GOAL IN THE FUTURE.
SO WHEN YOU SAY CONTINUE SERVING, YOU JUST, UM, DO YOU OPERATE IT NOW AS A SHORT TERM OR HOW DO YOU NO, SIR.
JUST IF, IF I WERE TO UNDERSTOOD.
COMMISSIONER KATHERINE, UH, WHAT WOULD PREVENT YOU FROM RENTING THIS OUT AS A REGULAR RENTAL? NOTHING.
SO I HAVE, I HAVE A, UM, UM, A QUICK QUESTION.
SO WE, WE HEARD, UM, YOU'RE, YOU WOULD BE THE THIRD ON THIS BLOCK FACE, WHICH IS USUALLY HEARING ONE ADDITIONAL IS A KIND OF A BIG DEAL, BUT HAVING THE THIRD ONE COME IN CAN BE A LITTLE TOUGH.
UM, I ALSO NOTICED THAT YOU HAVE AN EP ONE OVERLAY, WHICH IS EVENT PARKING.
UH, IS THIS, IS THIS AREA PRONE TO HAVING, UH, A LOT OF EVENT PARKING, TAKING ADVANTAGE OF THAT OVERLAY? UH, FOR THE NEARBY, UM, UM, FACILITIES IN THE AREA WHERE IT WOULD, IT WOULD NEED SOMETHING LIKE A SHORT-TERM RENTAL, IN YOUR OPINION? UM, EVENT PARK, AND THE ONLY THING I CAN THINK OF IS THAT CHURCH THAT'S RIGHT ACROSS THE STREET.
UM, MY TIME IN THE NEIGHBORHOOD, I, I HAVEN'T NOTICED A, A HUGE PROBLEM WITH THAT.
UH, BON COMMISSIONER BON, I KNOW YOU SAID YOU PLAN TO HOUSE MILITARY NURSING.
DO YOU HAVE AN IDEA OF OF HOW LONG THESE PEOPLE WOULD STAY, LIKE THE EXPECTANCY? WOULD THEY BE THERE WEEK, A MONTH? UM, MY GUESS WOULD BE A FEW DAYS TO A WEEK.
UM, I MEAN, I'M OPEN TO SHORT, MID, LONG-TERM.
UM, PRIMARY OBJECTIVE IN PURCHASING THE PROPERTY WAS TO KIND OF USE IT AS A, A SHORT TERM, UH, RENTAL FOR THOSE, ESPECIALLY FOR THOSE FAMILIES COMING IN, UM, FOR THREE OR FOUR DAYS AT A TIME.
'CAUSE SOMETIMES MILITARY WILL RENT THEM OUT FOR LONGER THAN 30 DAYS, 60 DAYS CITY IF HE RENTS IT OUT FOR LIKE 31 DAYS OR MORE.
DOES HE NEED A SHORT-TERM RENTAL PERMIT? NO.
NOR WOULD THAT REQUIRE HOTEL OCCUPANCY, TAX PAYMENTS.
SO KIND OF WITH THAT THERE, LIKE LET'S SAY FOR EXAMPLE, YOU WANTED TO RENT THE HOME LONGER THAN LIKE, YOU'RE EXPECTING FAMILY, UH, MILITARY PEOPLE, YOU KNOW, I KNOW, UH, THAT MILITARY PEOPLE TEND TO STAY HERE LONGER.
MAYBE THEY'RE THERE TWO MONTHS.
I MEAN, YOU DON'T EVEN NEED THE SHORT TERM PERMIT.
YOU DON'T NEED TO EVEN PAY THE HOT TAXES.
JUST SOMETHING TO CONSIDER, YOU KNOW, IF THIS DOESN'T GO THE WAY YOU WANT.
AND I ALSO WANTED TO ADD, UH, DID YOU, WE, WE DIDN'T HEAR ANYTHING FROM THE NEIGHBORHOOD ASSOCIATION.
DID YOU TRY TO CONTACT THEM TO GET THEIR OPINION
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OR, OR TALK TO THE NEIGHBOR THAT POSSIBLY WAS, UH, NOT IN FAVOR? UM, I WASN'T AWARE OF THE NON FAVORS.UH, I DID TRY TO REACH OUT TO THE ASSOCIATION.
I EMAILED THEM, ALSO WROTE 'EM A LETTER.
UH, STAFF, IS THERE ANYONE SIGNED UP TO SPEAK ANY VOICEMAILS? ONE VOICEMAIL.
SO WHAT WE'RE GONNA DO IS WE'RE GONNA HEAR A VOICEMAIL AND THEN WE'RE GOING TO, UH, DELIBERATE AND WE'LL SEE HOW THIS TURNS OUT.
HELLO, THIS IS GABRIEL ESPARZA.
I LIVE AT 5 3 8 CANTON STREET, SAN ANTONIO, TEXAS.
I'M CALLING TO LEAVE A MESSAGE IN REGARDS TO BOARD OF ADJUSTMENT PUBLIC HEARING CASE BOA SLASH 23 SLASH TEN THREE HUNDRED TWO SIX EIGHT.
LAST FOUR DIGITS OF THE CASE NUMBER ARE 0 2 6 8.
I AM CALLING TO LEAVE A MESSAGE AND OPPOSITION TO THIS ADJUSTMENT REQUEST FOR AN ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT.
UM, THERE ARE TOO MANY SHORT-TERM RENTALS IN THE AREA, AND THIS ADDITIONAL ONE IS JUST ONE TOO MANY.
SO WITH THAT, I'M LOOKING FOR A COMMISSIONER TO MAKE A MOTION MANANA COMMISSIONER MANANA, REGARDING CASE NUMBER BO 8 2 3 1 0 3 0 0 2 6 8.
I MOVED AT THE BOARD OF ADJUSTMENT GRANT, A SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO RENTAL, UH, TERM RENTAL, UH, UNITS SITUATED AT FIVE 50 KENTON STREET, APPLICANT B AND MARVIN EDMOND, BECAUSE 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 UDC AS ADMITTED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY.
THE BOARD FINDS THAT THE REQUEST TO OPERATE AN ADDITIONAL SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY, AND WELFARE.
THERE IS NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY.
B, THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE.
THERE DOES NOT APPEAR TO BE A REASON TO RELIEVE A PUBLIC NUISANCE WOULD BE CREATED IF AN ADDITIONAL SHORT-TERM RENTAL PERMIT WAS APPROVED.
C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY STRUCTURES.
THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WILL SUBSTANTIALLY INJURED NEIGHBORING PROPERTY ON ITS TYPE TWO SHORT-TERM RENTAL.
D, ADEQUATE UTILITIES, ACCESS, ROADS, STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACULTY, UH, FACILITIES, UH, HAVE BEEN OR ARE BEING PROVIDED.
THE SUBJECT PROPERTY, UH, PROVIDES AUST STREET PARKING, APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE.
E THE APPLICANT AND OWNER FOR THE SPECIAL EXCEPTION, DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES, CONFIRMED CITATIONS OR EDUCATED ADJUDICATED OFFENSES, UH, OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE, UH, 12 OF THE CITY CODE WITHIN ONE YEAR.
PRIOR TO THE DATE OF APPLICATION, THE APPLICANT DOES NOT HAVE ANY HISTORY OF REPLICATION, CITATIONS, OR CONVICTIONS FOR VIOLATIONS OF CHAPTER 16 F.
THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THIS SPECIAL EXCEPTION IS SOUGHT.
THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO OTHER RESIDENTIALS, UH, WITH THE PROPERTY OWNER PROVIDING ALL STREET PARKING AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY.
THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXEMPTION AND OF MOTION.
SECOND, CAPTAIN SECOND BY COMMISSIONER KAPLAN, COMMISSIONER MANNA.
SO UNFORTUNATELY, I, I WON'T BE ABLE TO SUPPORT THIS AND FOR A COUPLE OF REASONS.
UM, SO, SO ONE, YOU KNOW, THERE WAS, FROM MY PERSPECTIVE, UH, HEARTACHE AS WE TALKED ABOUT THE SECOND UNIT GOING IN ON THIS BLOCK.
UM, AND THEN LOOKING AROUND THIS COMMUNITY, I SEE THAT THERE IS NOT A LACK OF SHORT-TERM RENTALS AVAILABLE.
UH, THERE'S LIKE 20 WITHIN, UH, QUARTER MILE OF THE, OF THIS PARTICULAR RESIDENCE.
SO IT DOES SEEM LIKE IT'S KIND OF DENSE ALREADY WITH REGARDS TO THAT.
AND THEN I THINK THE THIRD THING IS THAT, UH, THE OPTION OF DOING A LITTLE BIT LONGER, UM, RENTALS DID APPEAR TO, YOU KNOW, YOU SEEM TO BE NOT ADVERSE TO THAT.
AND SO I THINK THAT WOULD BE A GOOD START AND THEN SEE WHERE THAT GOES FROM THERE.
SO, BECAUSE THAT, THAT WON'T BE IN FAVOR.
COMMISSIONER KAPLAN, UH, I, I AGREE WITH COMMISSIONER AMANA FOR THE SAME REASONS.
ANY OTHER COMMISSIONERS LIKE TO ADD HEARING NONE? UH, LET'S HAVE A ROLL CALL VOTE PLEASE.
I DO NOT CONCUR WITH THE FINDINGS OF FACT, MS. KAPLAN.
I CONCUR WITH THE FINDINGS OF FACT.
DO NOT CONCUR WITH THE FINDINGS OF FACT, DR.
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ZUNIGA.I DO NOT CONCUR WITH THE FINDINGS OF FACT.
CHAIR ORIAN? UH, I DO NOT CONCUR.
UM, SO WHAT HAPPENED IS, UH, IT DIDN'T PASS.
YOU CAN GET WITH STAFF AND TALK TO THEM ABOUT YOUR OPTIONS.
UM, THERE IS SOMEBODY ELSE ON THE BLOCK FACE WHO IS GOING TO EXPIRE IN ABOUT A YEAR, OPENING UP A POTENTIAL FOR, FOR YOU TO PROBABLY SEEK IT AGAIN, MAYBE.
UM, BUT IF YOU HAVE ANY QUESTIONS, PLEASE GET WITH STAFF.
MY NAME IS NICHOLAS ANO, SENIOR PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER BO OA 23 103 0 0 2 6 9.
APPLICANT PAUL CUMMINGS IS REQUESTING FOR AN APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE THE SHORT TERM PERMIT LOCATED AT 8 0 11 WINTERFELL ZONED RESIDENTIAL MULTIFAMILY IN COUNCIL DISTRICT EIGHT.
SO THE SUBJECT PROPERTY INITIALLY APPLIED FOR A SHORT TERM RENTAL PERMIT ON MAY 26TH, 2022, THEN WAS APPROVED AND ISSUED BY STAFF ON JUNE 7TH, 2022.
OPERATORS ARE REQUIRED TO REPORT MONTHLY REVENUES TO THE CITY'S FINANCE DEPARTMENT, INCLUDING REPORTING $0 REVENUES.
THE CITY'S FINANCE DEPARTMENT WOULD NOTIFIED THE OWNER OF DELINQUENT PAYMENTS OR REPORTS ON THEIR HOT ACCOUNT VIA EMAIL ON MAY 8TH, 2023.
SO, UM, ONE PAYMENT WAS MADE WITHIN THE 90 DAYS, THEREFORE THE PERMIT WAS REVOKED ON SEPTEMBER 8TH, 2023 IN ACCORDANCE WITH SECTION 16 1 1 1 1 OF CITY CODE OF ORDINANCES.
OKAY, THIS IS A COPY OF THE LETTER ATTACHED TO THE EMAIL SENT ON MAY 8TH, 2023 FOR THE CITY'S FINANCE DEPART FROM THE CITY'S FINANCE DEPARTMENT.
SO THIS IS A PORTION OF THE ONLINE APPLICATION WHERE THE APPLICANT ACKNOWLEDGES AND AGREES TO COMPLY WITH ALL REQUIREMENTS OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE.
ALL APPLICANTS ARE REQUIRED TO CHECK THIS SECTION BEFORE BEING ABLE TO SUBMIT AN APPLICATION.
OKAY? THIS, THIS IS THE SITE PLAN OF THE PROPERTY THAT WAS SUBMITTED AT THE TIME OF THE APPLICATION.
AND THEN THIS IS THE SUBJECT PROPERTY.
AND THE NEXT FEW SLIDES ARE THE NEIGHBORING PROPERTIES AND SURROUNDING AREAS.
SO STAFF RECOMMENDS DENIAL IN BO OA 23 1 0 3 0 0 2 6 9 BASED ON THE FOLLOWING FINDINGS OF FACT NUMBER ONE, THE ORDINANCE REQUIRES THAT THE STAFF REVOKES THE PERMIT FOR THE VIOLATION DESCRIBED IN THIS PRESENTATION.
THE OWNER SLASH OPERATOR OF THE SHORT-TERM RENTAL PERMIT VIOLATED THE SDR ORDINANCE BY FAILING TO TIMELY REPORT REVENUES AND PAY THE ASSOCIATED HOTEL OCCUPANCY TAX PAYMENTS.
AND NUMBER THREE, THE OWNER SLASH OPERATOR FAILED TO COMPLY WITH THE ORDINANCE EVEN AFTER ATTEMPTS WERE MADE TO INFORM THE APPLICANT OF DELINQUENCY ON MAY 8TH, 2023 BY CITY STAFF.
OKAY, SO 50 NOTICES WERE MAILED OUT, ZERO IN FAVOR, THREE IN OPPOSITION, AND THERE WERE NO, THERE WAS NO RESPONSE FROM THE WALLER CREEK HOMEOWNER ASSOCIATION.
UH, THIS CONCLUDES THE STAFF PRESENTATION.
APPLICANT IS HERE TO ASK ANY QUESTIONS, AND THE CITY FINANCE DEPARTMENT IS ALSO PRESENT FOR ANY HOT ACCOUNT RELATED QUESTIONS.
COMMISSIONER KAPLAN, ON, ON WHAT YOU JUST MM-HMM,
WHEN YOU, UH, SAY IN OPPOSITION, ARE THEY IN OPPOSITION TO LOSING THE PERMIT OR ARE THEY IN OPPOSITION TO HAVING THE PERMIT? SO THEY'RE IN OPPOSITION OF THE APPEAL OF THE ADMINISTRATOR'S DECISION? YES.
UM, SO YOU SAID THAT, UM, ONE PAYMENT WAS MADE, BUT THE SLIDE SAYS NO PAYMENT WAS MADE.
ONE PAYMENT WAS MADE, UM, I'M GONNA HAVE TO DEFER TO FINANCE ON THAT.
THERE WAS ONE PAYMENT, UH, PROCESSED IN AUGUST, AND THAT WAS FOR THEIR AUGUST REVENUE.
DID THAT BRING THEM CURRENT? NO.
SO THEY OBTAINED THEIR PERMIT IN 2022, AND THEY'VE ONLY SUBMITTED ONE PAYMENT.
AND AGAIN, THAT WAS FOR THEIR AUGUST, 2023 REVENUE.
AND IS THERE A VERIFICATION OF THAT? THEY HAD RENTALS BESIDES THAT FOR AUGUST, FROM MARCH, 2023 TO JULY, 2023,
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THERE WERE 24 DOCUMENTED STAYS.AND THEN, UM, WHEN THEY MADE THE PAYMENT, DID THEY CATCH UP ON THEIR FILINGS OR THEY JUST MADE THE PAYMENT FOR THAT ONE MONTH? IT WAS PAYMENT FOR JUST THAT ONE MONTH.
QUESTION, UH, COMMISSIONER ZUNA, SO DO WE HAVE THE, WHAT TOTAL AMOUNT IN ARREARS ARE THEY ON THEIR, UH, TO TAX? SO FOR THE 24 DOCUMENTED STAYS, THE TOTAL, SO IT'S 220 PER NIGHT.
AND THE 1.75 DUE TO BEAR COUNTY.
OH, BEFORE JUNE OF 2022, WHAT WAS THAT, UH, STR, UH, YOUTH FOR? WAS IT, WAS IT A STAFF? WAS, WAS IT USED AS A RENTAL HOME ALSO? RS, UH, A, A AND B.
SO WE, WE ARE NOT AWARE OF ITS USE AS A SHORT-TERM RENTAL PRIOR TO THE PERMIT BEING ISSUED.
UH, WE DON'T KNOW IF IT WAS A LONG-TERM RENTAL OR IF IT WAS THE PRIMARY RESIDENCE FOR THE OWNER AT THE TIME, BUT, UH, THE PERMIT TO OPERATE THE STR WAS ISSUED IN MID 2022.
AND WE, AND WE STARTED HERE WITH 11, THE FIRST 2018.
UH, SO PRIOR TO THAT, UH, WE'RE YOU'RE SAYING THAT PRIOR TO JUNE OF 2022, THAT HOUSE WASN'T RENTING AS AN AIRBNB? I'M GONNA, I'M GONNA ALL COMMISSIONER, I'M JUST GONNA CLARIFY SOMETHING.
THE, THE, THE PLAT FOR THIS AREA WAS RECORDED IN APRIL OF 2020.
UH, AND SO AFTER YOU DO SOME INFRASTRUCTURE IMPROVEMENTS AND BUILD STUFF.
YEAH, THERE WAS NOT, THERE WASN'T ANY, EXACTLY.
WELL, LET ME, LET ME PUT IT THIS WAY THEN.
UH, MR. CHAIRMAN, BEFORE JUNE THE SEVENTH, 2022, BEFORE THE APPLICANT WAS GIVEN THE PERMISSION, UH, WHAT WAS THAT BEING USED? OR DO WE KNOW? WE'LL FIND OUT WHEN THE APPLICANT COMES UP COMMISSION.
SO, UH, STAFF WOULDN'T KNOW ABOUT IT? NO, THEY WOULD NOT.
UH, WOULD, WOULD STAFF KNOW IF, UH, SOMEBODY WELL, WE'LL GET INTO THAT ISSUE LATER ON.
UH, BUT THE HOUSE PROBABLY MANNA IS NOT BEFORE 2021.
SO I DO LOOK AT THE DEED RESTRICT OR THE DEEDED HISTORY, AND THEN IT WAS, UH, CONVEYED OVER FROM THE BUILDER TO, UM, MAY, I GUESS, THIS APPLICANT, UM, IN MAY OF 2022.
SO THIS IS A RELATIVELY NEW, NEW SITE.
YEAH, BECAUSE FEDERAL, THEY WERE USING IT BEFORE JUNE THE SEVENTH, THEN THERE WOULD BE A PENALTY.
BUT THEY, THEY COULDN'T, THE HOME WASN'T BUILT UNTIL T UH, MAY OF 2022.
I'LL LOOK AT IT IN TEXAS RIGHT NOW.
ANY OTHER COMMISSIONER QUESTIONS FOR STAFF? LET'S HEAR FROM THE APPLICANT PLEASE.
HOW'S IT GOING? MY NAME'S PAUL CUMMINGS.
I'M HERE TO, UH, HUMBLY HAD IN HAND, UH, ASKED TO GET MY APPLICATION RENEWED FOR MY SHORT TERM RENTAL.
UM, IT'S A, A SECOND HOME THAT MY FAMILY USES BECAUSE MY WIFE'S FROM, GRADUATED FROM MADISON.
I I DON'T, I'M KNOW IF IT'S A MICROPHONE.
IS THAT BETTER? YES, THANK YOU.
UH, IT'S OUR, IT'S OUR, OUR FAMILY'S SECOND HOME.
UM, WE COME TO SAN ANTONIO ABOUT ONCE A MONTH AT, WHEN MY KIDS ARE NOW 11 AND EIGHT, UM, TO SEE FAMILY MEMBERS.
MY WIFE'S PARENTS LIVE AT 1604 IN O'CONNOR AREA.
UH, HER TWIN BROTHERS LIVE OUT IN, I THINK IT'S AT, AT ATKINS.
UH, IT WASN'T OUR INTENT TO USE IT AS A SHORT TERM RENTAL.
THAT'S NOT THE MAIN PURPOSE OF THE PROPERTY.
I WAS GOING INTO IT NOT AS KNOWLEDGEABLE.
UH, I USE THE AIRBNB SIDE OF IT TO HELP SUPPLEMENT THE COST OF THE HOME.
UH, WE DO STAY THERE ONCE A MONTH ON AVERAGE.
WE'RE JUST DOWN HERE ON THE 28TH TO GO TO MY WIFE'S, UH, MADISON, UH, HIGH SCHOOL REUNION AT CHICKEN AND PICKLE DOWN THE ROAD.
UM, WE DO USE IT EVERY ONCE IN A WHILE WHEN WE'RE NOT USING IT TO DO SHORT TERM RENTALS.
IT IS MY, MY FAULT, UM, THAT I DID NOT PAY THE TAXES.
AIRBNB MAKES IT A LITTLE DIFFICULT ON THEIR END SHOWING THAT TAXES ARE PAID.
UM, WHEN I GOT THE LETTER FROM THIS, FROM THE, UH, THE, THE HOT TAX COMMITTEE, UM, I, I GOT ON THERE AND, AND, AND TOOK CARE OF SOME THINGS THAT I COULD.
I CHECKED MY BACK DATES, I DID EVERYTHING.
I GOT THE AMOUNT THAT I NEEDED TO PAY, WHICH WAS, WAS A LITTLE BIT MORE THAN THE CITY ACTUALLY JUST STATED.
AND AT THE TIME, I DIDN'T HAVE THAT MONEY TO PAY THAT I DO NOW.
UM, AND THEN IN THE PROCESS OF THAT,
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THE CITY SWITCHED OVER THEIR ONLINE PAYMENT SYSTEM.I DUNNO IF YOU'RE AWARE OF THAT, BUT IN THE PROCESS OF ALL THAT, I SWITCHED THAT OVER.
THEN I LOGGED ONTO THE NEW SYSTEM.
I PAID WHAT I THINK I SHOULD HAVE PAID THE NEW SEPTEMBER.
UM, I'VE SHUT DOWN EVERYTHING FOR NOVEMBER.
LIKE, LIKE THE CITY SAID, NO MORE STAYS.
SO I, I HAVE HAD NO, I ENDED UP PAYMENT FOR NON-PAYMENT IN SEPTEMBER BECAUSE I HAD NO STAYS.
I DID PAY AND I WAS IN CONTACT WITH THE NEW SERVICER OF PAYMENTS TO FIND OUT IF I PAY ON THE OLD SYSTEM THAT I, THEY REGISTERED ON OR THE NEW SYSTEM.
AND THEY SAID THEY DON'T KNOW.
SO THAT'S KIND OF WHERE I'M AT RIGHT NOW.
I MEAN, I CAN PAY 'EM TODAY IF I NEED TO.
I JUST NEED TO KNOW WHO, WHAT SERVICER I NEED TO PAY THEM TO.
'CAUSE WHEN YOU GO TO THE HOT LINK, CLICK ON IT.
THERE'S THE OLD ONE THAT WAS, WENT THROUGH THAT, AND IT'S A NEW ONE NOW.
SO JUST SOME QUICK QUESTIONS THAT USUALLY ASK PEOPLE IN YOUR POSITION.
UH, SO SINCE YOU WERE ISSUED YOUR STR PERMIT, YOU'RE, YOU HAD AN OBLIGATION TO DO MONTHLY FILINGS, WHETHER YOU HAD NO STAYS OR WHATEVER.
HAVE YOU DONE THOSE? I HAVE, UH, DONE A FEW OF THEM.
NOW THAT I KNOW THAT I WAS SUPPOSED TO DO THAT, I MEAN, I DIDN'T DO IT FROM THE BEGINNING.
AND I, IT'S MY FAULT THAT I, I WAS UNDER THE ASSUMPTION THAT AIRBNB WAS TAKING CARE OF THAT.
AND THEN WHAT SORT OF, UM, OUTREACH DID YOU HAVE TO THE CITY WHEN YOU WERE HAVING ISSUES WITH, UH, THE TWITCH OVER? DO YOU HAVE EMAILS? YEAH, I'VE GOT SOME PHONE CALL RECORDS.
I'VE GOT, I'VE GOT EMAILS AND PHONE CALLS, AND I'VE GOT SOME EMAILS.
I CAN, I ACTUALLY HAVE 'EM PULLED UP ON MY COMPUTER IF YOU'D LIKE TO SEE 'EM WITH.
I'VE ASKED FOR SOME, SOME CLARIFICATION FROM SOMEONE IN REGARDS TO WHICH SYSTEM I'M SUPPOSED TO PAY ON WITH NO RESPONSE.
SO, YOU KNOW, 'CAUSE WHAT HAPPENS IS YOU WERE GIVEN 90 DAYS, YOU ABSOLUTELY THERE WAS ONE PAYMENT MADE, BUT IF, IF, IF YOU WERE ATTEMPTING OFTEN, THAT MIGHT MEAN SOMETHING TO THE BOARD.
YEAH, I CAN, I CAN GET THE LAPTOP AND I HAVE THE EMAIL PULLED UP THAT SPECIFIC EMAIL.
I WOULDN'T RECOMMEND DOING THAT.
UM, IS THERE ANY VOICEMAILS OR ANYONE TIME TO SPEAK THAT WE CAN ONE VOICEMAIL.
LET'S LISTEN TO THE VOICEMAIL WHILE THE APPLICANT'S GETTING HIS, UH, HIS, UH, INFORMATION.
HI, MY NAME IS RAYA FERNANDEZ AND MY PHONE NUMBER IS (713) 445-6487.
AND I AM CALLING FROM 7 9 1 9 WINTERFELD, SAN ANTONIO, TEXAS 7 8 2 4 9.
AND THE CASE NUMBER THAT I'M CALLING REGARDING ABOUT IS CASE NUMBER 2 6 9.
THOSE ARE THE LAST THREE DIGITS OF THE CASE.
UM, AND I JUST WANTED TO, UM, VOICE MY OPPOSITION FOR THE REQUEST FOR A SHORT TERM RENTAL PERMIT FOR THE, UM, AT RESIDENCE LOCATED AT 81 1 WINTER FILE.
UM, YOU KNOW, MY HUSBAND AND I HAVE A 10 MONTH OLD SON.
AND SO OUR CONCERN WOULD BE THAT IF THIS, IF SHORT TERM RENTALS WERE ALLOWED, IT WOULD ESSENTIALLY ALLOW INDIVIDUALS WHO ARE STRANGERS TO BE IN AND OUT OF THIS, UM, AREA WHERE, YOU KNOW, THERE ARE FAMILIES HERE, THERE ARE, UM, ELDERLY PEOPLE HERE JUST CONCERNED ABOUT THE SAFETY FOR THE ACTUAL HOMEOWNERS.
UM, AND SO THAT'S WHY WE ARE IN OPPOSITION FOR THE REQUEST FOR A SHORT-TERM RENTAL.
AND WE HOPE THAT THE APPEAL IS DENIED.
UM, FEEL FREE TO CALL ME BACK.
MY NUMBER IS 7 1 3 4 4 5 6 4 8 7.
UM, BUT YES, AGAIN, WOULD LIKE TO VOID MY, UM, MY OPPOSITION AND I HOPE THAT THE APPEAL IS DENIED.
WHAT WAS HER ADDRESS? THAT CALLER WAS ACROSS THE STREET.
UM, AND WHAT, BEFORE WE HEAR BACK FROM THE APPLICANT, UH, IS THIS, IS, IS THIS A PRIVATE COMMUNITY WHERE THE HOMES ARE? OR MAYBE YOU CAN ENTER THIS OR, YEAH.
ARE, ARE THESE A, IS ARE, DO YOU HAVE, ARE YOU IN YOUR HOME LOT AND HOUSE OR IS THIS A CONDO? SO IT'S A, THERE'S A, IT'S A ZERO LOT LINE BASICALLY.
THERE'S NO, THERE'S NO CONDO ASSOCIATION, CORRECT? NO, THERE'S NO CONDO ASSOCIATION.
UH, LET'S, SO SHOW US WHAT YOU GOT.
YEAH, I'VE GOT, I'M TRYING TO FIG WE'RE TRYING TO FIGURE OUT HOW I GET THIS TO YOU, BUT I'VE, THEY CAN PROJECT, THEY CAN PROJECT IT.
OH, THESE ARE JUST, YEAH, I MEAN, IT'S, IT WAS, IT'S BEEN KIND OF CONFUSING.
I GOT, I GOT AN EMAIL THE OTHER DAY SAYING THAT I WAS SUPPOSED TO SHOW UP ON, ON NOVEMBER 3RD FROM, FROM THE STAFF.
SO OBVIOUSLY THAT'S NOT RIGHT.
BUT LET GET THIS SENT OVER REAL QUICK.
THE, WHEN THE, WHEN STAFF EMAILED YOU, UM, THAT YOU ABOUT THE 90 DAYS AND, AND TO GET CURRENT, DID YOU RECEIVE THE EMAIL AND, AND AND CALL THEM RIGHT AWAY OR ANYTHING? OR HOW DID YEAH, I'VE BEEN ACT AS SOON AS I GOT THE LETTER, I'VE BEEN ACTIVELY TRYING TO GET THIS FIGURED OUT.
AND THE BIGGEST HANGUP HAS BEEN,
[00:40:01]
MY FIRST CALL WAS TO AIRBNB TO FIND OUT WHY THEY WEREN'T PAYING MY TAXES, WHICH I ASSUME THEY WERE.UM, AGAIN, THAT'S MY, MY MY FAULT FOR THAT.
YEAH, WE DON'T NEED TO SEE THE NOTICE OF HEARING.
WE WE'RE LOOKING FOR SOMETHING OTHER THAN THAT
WHAT, WHAT WE'RE LOOKING FOR IS, UH, THESE, THESE SEEM TO BE RELATED TO YOUR BO OA CASE, BUT WHAT WE'RE LOOKING FOR EMAILS THAT, THAT TALK ABOUT AN ATTEMPT TO, TO MAKE A PAYMENT.
I, I ACTUALLY SAID, YEAH, I, I DO HAVE THOSE EXACT RIGHT HERE.
I'M TRYING TO, I'M TALKING WITH, UH, ERIC BAKER IN REGARDS TO, TO SEEING WHICH ACCOUNT I NEED TO PAY MY, MY TAXES TO.
AND I HAVE A DATE SHOWING THIS.
NO RESPONSE FOR SEVERAL FOLLOW UPS.
FIRST CAN, CAN I ASK WHO ERIC BAKER WORKS FOR HIM? 'CAUSE HE IS NOT ADSD OR A FINANCE DEPARTMENT? EMPLOYEE AVENUE SITE.COM.
IS THAT YOUR GUYS' NEWS PROCESSING COMPANY? YEAH.
AND I, I DID WANNA OFFER SOMETHING AS WELL.
'CAUSE I THINK YOU SHARED THAT IN ATTEMPTS RECENTLY TO LOG IN.
THERE'S KIND OF A CONFUSION WITH, YOU KNOW, THE OLD SYSTEM HOST THE NEW SYSTEM AVENUE, THE LINK TO PAY AND HOST WAS REMOVED JULY 1ST.
SO THAT HASN'T EVEN BEEN AN OPTION FOR SEVERAL MONTHS AT THIS POINT IN TIME.
AND THAT'S WHEN ONCE I CLICKED ON THAT LINK IN YOUR NEW ONE, THAT'S WHEN I GOT SENT OVER TO THE NEW PROCESSING.
ONCE I CLICKED ON THE LINK IN THE, THE HOT TAX LOCATION TO GO PAY, THAT'S WHEN I GOT SENT OVER TO THE NEW PROCESSING SYSTEM AND, AND GOT EVERYTHING SET UP AND STARTED MAKING PAYMENTS THROUGH THERE.
AND NOW WE'RE, I'M JUST TRYING TO FIGURE OUT, THEY DON'T, THE NEW PROCESSING SYSTEM DOESN'T KNOW IF I'M SUPPOSED TO PAY THEM OR NOT.
SO I'VE MADE SEVERAL ATTEMPTS TO THEM TO PAY, BUT THEY DON'T KNOW IF I'M SUPPOSED TO PAY OR NOT.
DID DID YOU ACTUALLY MAKE MORE THAN ONE PAYMENT AT YOU? YES, I'VE PROCESSED MY SEPTEMBER FOR ZERO AND I DID MY AUGUST AS SOON AS I GOT THAT INFORMATION, LIKE, LIKE YOU SAID IN JULY, THAT THAT, THAT CHANGED OVER, I THEN I GOT ON THE NEW SYSTEM FOR AUGUST AND I'VE PAID ZERO FOR SEPTEMBER AND I WANT TO PAY THE BACK.
I JUST NEED TO KNOW, I WOULD WANNA MAKE, THEY WOULD NOT, THEY SUGGESTED I DO NOT MAKE THE PAYMENT TO THEM IN CASE I WEREN'T MAKING IT TO THE RIGHT PEOPLE.
AND WHAT DAY IN SEPTEMBER DID YOU MAKE YOUR, YOUR FILING? UH, SEPTEMBER 11TH.
SO THAT WAS AFTER THE SEPTEMBER 8TH 90 DAY, UH, TIME.
SO THAT'S, THAT WAS JUST TRYING TO FI I'M, I'M TRYING TO FIGURE OUT THE, THE TIMING AND, AND THEN WHAT INTERACTION YOU'VE HAD WITH DIFFERENT PEOPLE.
YEAH, I, I DEFINITELY TO HAVE THE SURPRISE PAYMENT LIKE THAT, AT THAT TIME, I WAS JUST NOT PREPARED TO MAKE THAT PAYMENT AT THAT TIME.
BUT NOT, I AM PREPARED TO MAKE THE PAYMENT, SO.
I, I WANNA GET IT BACK TO, TO COMPLETELY FULL.
LIKE I SAID, I DON'T USE THE PROPERTY AS A SHORT-TERM RENTAL.
UM, I HAD ONE GUEST STAY WITH ME FOR QUITE A LONG TIME.
UH, IT'S A VERY RARE SITUATION.
HE HAS, HE WAS, HIM AND HIS PARTNER WERE DOWN HERE WITH A SURROGATE.
THEY STAYED FROM OCTOBER TILL JANUARY 1ST.
AND SO I WASN'T ABLE TO USE THE PROPERTY AT THAT TIME.
AND THAT DOESN'T COUNT AS A SHORT TERM.
IS THERE ANY OTHER QUESTIONS FOR THE APPLICANT? YEAH, IF STAFF, IF HE USES IT, UM, AS A MORE THAN 30 DAY RENTAL, IS HE STILL OBLIGATED TO FILE A A ZERO REPORT? CORRECT.
SO HOW DO, SO I'M SORRY FOR, FOR LESS OR MORE? FOR MORE, MORE NO REPORTING'S NOT REQUIRED.
SO IF YOU NOVEMBER TO JANUARY MM-HMM.
AND THEN THAT MEANS FOR THE MONTH OF FEBRUARY.
DID YOU HAVE ANY OTHER RENTALS? UM, THAT IT'S BEEN, IT'S BEEN VERY SLOW.
I ONLY ALLOW MINIMUM THREE NIGHTS STAY.
I PERSONALLY SCREEN EVERYONE I KNOW AUTOMATIC.
I'VE TURNED DOWN MORE PEOPLE THAN I'VE ACCEPTED, SO, OKAY.
LIKE I SAID, IT'S MY PERSONAL HOME.
WE STAY THERE QUITE A BIT, SO IT'S OKAY.
UH, ANY OTHER QUESTIONS? YOU HAVE A QUESTION FOR STAFF? YES.
[00:45:01]
IS THERE, UM, LIKE A MAX RADIUS, AIRBNBS HAVE TO BE AWAY FROM THE SCHOOL? NO, THERE'S NOT.DO WE KNOW IF THEY DO LIKE BACKGROUND CHECKS? AIRBNB ON, ON THE, LIKE, LIKE, YOU KNOW, IF SOMEBODY WERE TO STAY THERE AND LIKE, THIS ONE'S JUST CLOSE TO A SCHOOL, THAT'S WHY I WAS JUST CURIOUS IF THEY DID, IF WE HAD SOMETHING LIKE THAT AS A REQUIREMENT.
AS ME PERSONALLY, I, I ONLY ALLOW VERIFICATION BY EMAIL ID VERIFICATION AND PHONE NUMBER VERIFICATION.
THEN I PERSONALLY SCREEN EVERYONE THAT APPLIES BECAUSE MY, IT'S AGAIN, FOR MY FAMILY, I ONLY ALLOW FAMILIES, NO ONE, NO, NO PARTIES.
'CAUSE I, I KNOW IT'S CLOSE TO U-U-T-S-A, YOU KNOW, I'VE, I I MONITOR THE PROPERTY AS WELL AS FAR THE OUTSIDE AND HAVE A RING DOORBELL SYSTEM SET UP AND THINGS LIKE THAT.
SO I'VE GOT A FAMILY MEMBER THAT ARE EAR SHOTS AWAY THAT, THAT TAKE THE TRASH CAN IN AND WHEN NEED IT.
AND, AND I'M VERY VIGILANT IN REGARDS TO THE PROPERTY.
COMMISSIONER AMANDA DOES THE, OH, SORRY, COMMISSIONER.
DOES THE PLATFORM AIRBNB, DO THEY REQUIRE A BACKGROUND CHECK FOR GUESTS LIKE YOU DIDN'T? THEY, THEY DO VERIFICATION, LIKE I SAID, THE, LIKE A, THEY'LL CALL YOU UP VIA ZOOM.
YOU HAVE TO SHOW 'EM A PICTURE OF THEIR ID AND THEN THEY HAVE TO VERIFY THAT THAT PERSON'S REAL, THEY DO YOUR EMAIL VERIFICATION AND A PHONE PHONE CALL VERIFICATION.
AND THEN I'VE REQUIRED OTHER GUESTS TO GIVE ME OTHER INFORMATION.
LIKE IF ANYONE HAS ANOTHER GUEST STAYING, THEY HAVE TO GIVE ME ALL OF THE PEOPLE THAT ARE STAYING THERE OVER THE AGE OF 18, THEIR NAMES, INFORMATION AND THINGS LIKE THAT.
SO COMMISSIONER MADA, THIS QUESTION'S FOR CITY STAFF.
SO JUST TRYING TO GO THROUGH THE WORKFLOW AS WE CHANGE THE SYSTEM AND, YOU KNOW, UH, THE APPLICANT HERE HAS KIND OF TALKED ABOUT SOME, SOME CONFUSION AND SO, SO CAN YOU ADD SOME CLARITY WITH REGARDS TO THAT TRANSITION OF THE SYSTEM AND, YOU KNOW, AND THEN I GUESS MAYBE IDENTIFY HOW THAT'S BEEN RESOLVED AND IF YOU KNOW, I GUESS FOR FUTURE, OR WILL WE SEE THIS AGAIN? SURE.
SO FOR THE FIRST SEVERAL YEARS THAT THE CITY, UH, HAD, UH, STR PERMITS GENERALLY, UM, WE WORKED WITH A COMPANY CALLED HOST COMPLIANCE.
UH, THAT WAS THE SYSTEM THAT YOU WOULD GO THROUGH TO REPORT YOUR REVENUES, PAY THE ASSOCIATED TAXES.
UH, IN JULY OF THIS YEAR, WE SWITCHED OVER TO A DIFFERENT PLATFORM CALLED AVENUE, UH, THE FINANCE DEPARTMENT AND CERTAINLY SABRINA CHIME IN IF, IF I MISSTATE ANYTHING, BUT ANYONE WHO HAD AN EXISTING HOTEL OCCUPANCY TAX NUMBER WAS PROVIDED A NOTIFICATION THAT SAID, STARTING IN JULY, DON'T USE THE OLD NUMBER, USE THIS, THE NEW NUMBER.
UM, IT WAS, WE WERE PROVIDED LINKS TO HOW YOU CAN DO THAT.
WE WENT AROUND THE CITY AND CONDUCTED TRAINING CLASSES TO TEACH PEOPLE HOW TO USE THE SYSTEM.
UH, I ATTENDED A NUMBER OF THOSE.
I THINK WE HAD HUNDREDS OF PEOPLE ATTEND THOSE SESSIONS.
UH, WE ALSO POSTED MATERIALS ONLINE, KIND OF WALKING YOU THROUGH HOW TO DO THAT UP TO AND INCLUDING TRAINING VIDEOS.
UM, I DON'T KNOW THAT WE'RE GONNA TRANSITION AWAY FROM THIS NEW SYSTEM ANYTIME SOON.
UH, CITY COUNCIL APPROVED, I THINK IT WAS A THREE YEAR CONTRACT, UH, WITH THEM, UH, AT THE TAIL END OF LAST YEAR.
SO WE'RE KIND OF JUST INTO IT NOW.
UM, BUT THAT'S KIND OF A HIGH LEVEL OVERVIEW OF THE TRANSITION AND THEN SOME OF THE RESOURCES THAT WE PROVIDED AS WELL.
UM, SO, SO THE APPLICANT TALKED ABOUT TRYING TO MAKE A PAYMENT AND THEN THE SYSTEM, AND I'VE HEARD THIS BEFORE, YOU KNOW, THE SYSTEM NOT REALLY ACCEPTING IT OR, OR, OR, YOU KNOW, BEING TOLD TO HOLD OFF IF THEY HAD BEEN ABLE TO OR IF HE HAD BEEN ABLE TO, UM, MAKE THE PAYMENT.
WOULD WE STILL BE IN THE SAME DIALOGUE OR WOULD BE A DIFFERENT DIALOGUE POSSIBLY FROM THE CITY WITH YOU HAD, HAD HE HAVE PAID THE AMOUNT THAT WAS OUTSTANDING PRIOR TO THE 90 DAYS, WE WOULD NOT BE HERE TODAY.
ANY OTHER QUESTIONS? ALL RIGHT.
HEARING NONE, UH, THANK YOU VERY MUCH.
WE'RE GOING TO ASK FOR A MOTION AND WE'LL SEE WHAT, HOW IT TURNS OUT.
REGARDING CASE NUMBER BO A DASH 23 DASH HUNDRED 3 2 69, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE APPEAL FOR THE PROPERTY SITUATED AT 8 0 1 1 WINDFIELD APPLICANT BEING PAUL CUMMINGS BECAUSE THE INFORMATION PROVIDED BY THE APPLICANT SHOWS THAT THE CITY STAFF MADE AN ERROR IN REVOKING THE SHORT-TERM RENTAL PERMIT.
UH, I THINK WE'VE HEARD ANOTHER CASE, UH, RECENTLY, UH, WITH ANOTHER, UM, ADMINISTRATIVE ERROR.
AND IT SOUNDS LIKE THIS IS, YOU KNOW, HE HAD IT BEFORE AND I USUALLY, IF WE HAVE, USUALLY I WOULD SAY NO IF WE HAVE COMMUNITY OPPOSITION, BUT IN THIS CASE IT DOES SOUND LIKE THERE WERE, UH, ATTEMPTS MADE TO, UM, COMPLY WITH THE CITY.
SO I WILL BE IN FAVOR OF OVERTURNING THE, UM, THE VOCAL COMMISSIONER MANNA.
SO IN THE PAST, YOU KNOW, I, UM, SO I DO NOT THINK THE CITY MADE A MISTAKE, SO, SO I WOULD AGREE WITH THE CITY.
HOWEVER, YOU KNOW, I THINK PART OF THE DIALOGUE HERE IS, YOU KNOW, UM, I THINK THAT THE APPLICANT, YOU KNOW, IS TRYING TO BE RIGHT HERE.
AND SO THEREFORE I WILL AGREE WITH THE APPLICANT.
ANY OTHER COMMISSIONERS LIKE TO ADD HEARING? NONE US HAVE A ROLL CALL
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VOTE PLEASE.MS. KAPLAN, I CONCUR WITH THE FINDINGS OF FACT.
MR. MANA, I CONCUR WITH THE FINDINGS OF FACT, DR.
MR. ZUNIGA? MS. BENAVIDES? MS. BRAGMAN, I CONCUR THE FINDINGS OF FACT.
MR. OZUNA? YES, I CONCUR WITH THE FINDINGS.
MR. ZUNIGA, CAN YOU GIVE US A THUMBS UP OR A THUMBS DOWN? MS. BENAVIDEZ, CAN YOU GIVE US A THUMB? THUMBS UP? OKAY, MS. THUMBS UP.
MR. ZIKA AND MS. ES ARE A THUMBS UP.
UH, THERE WAS THREE IN OPPOSITION.
SO, UH, FOR THE APPLICANT, IF YOU COULD PLEASE, UH, GET WITH STAFF AND THEY'LL TALK TO YOU ABOUT WHAT TO DO MOVING FORWARD.
WHERE'S THE KEYBOARD? THAT'S RIGHT.
A 23 103 0 0 2 6 7 LOCATED AT 36 10 20 DRIVE IN COUNCIL DISTRICT NUMBER ONE, APPLICANT BEING JUNIOR CU DURAN.
UM, REQUEST FOR A ONE A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT WITH A TWO FOOT SIDE SETBACK AND A SIX FOOT EIGHT INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW CARPORT WITH A THREE FOOT, FOUR INCH FRONT SETBACK.
UM, SORRY, DID YOU SAY 2 6 7 OR 2 6 4.
UM, THE ZONING IS R FIVE, UH, RESIDENTIAL SINGLE FAMILY.
UM, THE SUBJECT PROPERTY IS LOCATED ALONG 20 DRIVE ON THE SOUTHWEST SIDE SIDE OF SAN ANTONIO.
THE APPLICANT BEGAN A CONSTRUCTION OF A DETACHED CARPORT THAT WAS HALTED BY CODE ENFORCEMENT FOR BUILDING WITHOUT A PERMIT.
UM, A SETBACK VIOLATION WAS OBSERVED BY CODE ENFORCEMENT AS WELL.
DEPTH OF THE DRIVEWAY, PASSIVE FRONT SETBACK IS APPROXIMATELY 21 FEET.
THAT IS A PICTURE OF THE SITE PLAN WITH THE ONE AND TWO NUMBERS BEING, UM, COHERENT WITH THE, WHERE THE CARPORT IS LOCATED.
UM, THE SUBJECT PROPERTY ITSELF.
AND THEN SOME OF THESE SURROUNDING AREA CARPORTS THAT ARE KIND OF SIMILAR IN STYLE AND IN THE SURROUNDING AREA ITSELF.
UM, FOR THE MOUNTING NOTICES, THERE WERE 42 NOTICES SENT OUT.
THERE WERE SEVEN IN FAVOR THAT ARE WITHIN THE 200 FOOT, UH, RANGE OF THE PROPERTY.
THERE WERE ZERO IN OPPOSITION AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION IN THE AREA.
AND THE NEXT SLIDE IS THE RESPONSES THAT I GOT THAT WERE ON MAILINGS.
UM, I'LL GO AHEAD AND LEAVE THAT ONE ON FOR A LITTLE BIT.
UM, AND THAT IS STAFF'S PRESENTATION AND THE APPLICANT IS HERE.
ARE THERE ANY QUESTIONS FOR STAFF CRUZ? COMMISSIONER CRUZ? UM, ACCORDING TO THE PICTURES, SO THE CARPORT IS ALREADY COMPLETED? YES, IT'S, IT'S, YES, IT'S ALREADY DONE.
ANYONE ELSE? I JUST WANTED TO ADD, UM, I NOTICED THAT THERE'S A GUTTER, UH, SHOWN AT THE FRONT.
UH, DID THEY, THAT THEIR APPLICATION, THAT THAT AUTOMATICALLY MEAN IT AUTOMATICALLY INCLUDES GUTTERS OR DOES THAT SOMETHING THAT NEEDS
[00:55:01]
TO BE STATED? IT, IT'S ALREADY INCLUDED ON IN THE, THE APPLICATION.IF THERE'S NOTHING ELSE, LET'S HAVE THE APPLICANT COME FORWARD.
UM, I MEAN, I BUILT THAT CARPORT.
UM, I KNOW I MADE AN ERROR BY NOT, YOU KNOW, BUYING THE PERMIT.
UM, IT'S MY FIRST TIME BEING A HOMEOWNER.
UH, NOBODY MENTIONED, UH, ABOUT US, YOU KNOW, WHENEVER WE BUILD STUFF TO GAIN PERMITS OR, OR, YOU KNOW, APPLY FOR PERMITS.
BUT, UM, HONESTLY, AS SOON AS I BUILT THAT CARPORT, I MAKE SURE I PUT THE GUTTER SO THERE WON'T BE NO ISSUES WITH THE NEIGHBOR, YOU KNOW, 'CAUSE SHE DOES HAVE PLANTS RIGHT ON THE PROPERTY LINE, SO I JUST DIDN'T WANNA HAVE ISSUES.
BUT, UM, YEAH, MY, MY DRIVEWAY ALREADY, IT'S REALLY NARROW WHERE LIKE I FIT TWO VEHICLES IN THERE AND THE REASON I BUILT A CARPORT IS JUST FOR, UH, PROTECTION, FOR HELL DAMAGE.
AND, YOU KNOW, THE SUN FOR, WITH THIS TEXAS HEAT, UM, I HAVE, UM, FOUR BOYS AND TWO DAUGHTERS.
UM, SO YOU KNOW, WHO DOESN'T LIKE TO HAVE VEHICLES, YOU KNOW, NICE AND COOL AND IT'S HOT WEATHER.
I DON'T GAIN NOTHING FINANCIALLY.
I DON'T, UM, I DON'T DO ANY GARAGE YARD SALES OR ANYTHING, SO IT'S JUST FOR PROTECTION OF MY VEHICLES.
I MEAN, SO YOU CAN ONLY FIT ONE CAR UNDER THERE.
IT'S TWO VEHICLES, BUT, UM, ON THE TUNDRA IN, IN THE PICTURE, UH, THAT IS SHOWN.
UM, I, I, I'M NOT ABLE TO BACK UP.
I JUST HAVE TO LIKE NOSE PRETTY MUCH NOT NOSE DIVE IN THERE BECAUSE IT STILL STICKS OUT.
IT DOESN'T EVEN COVER COMPLETELY.
I MEAN, LEFT, I MEAN, YOU CAN PARK TWO CARS NEXT TO EACH OTHER SIDE BY SIDE.
WHEN YOU SAID TWO VEHICLES, ARE THEY IN TANDEM THEN? YEAH, IN, IN, IN FRONT OF EACH OTHER.
YEAH, THE OTHER ONE'S, LIKE IN THE BACK, I KNOW IT'S KIND OF DARK, BUT IT'S IN THE BACK.
I HAVE AN EXPEDITION THERE AND I HAVE SOMETHING FOR STAFF.
COMMISSIONER KAPLAN, UH, YOU, YOU SHOW A COUPLE OF OTHER, UH, SIMILAR CARPORTS IN THE NEIGHBORHOOD.
ARE, DO THEY HAVE PERMITS OR ARE, OR THEY, WE HAVE NOT FOUND ANY, UH, APPROVED VARIANCES FOR THEM.
AND WE LET CO COMPLIANCE KNOW, UH, JUST TO START INVESTIGATING ON ANYTHING.
THEY MIGHT, THEY MIGHT BE NON-CONFORMING.
UM, WE STILL HAVE TO DO THE FULL RESEARCH ON THOSE.
ANY OTHER QUESTIONS? OKAY, I HAVE, I HAVE ANOTHER ONE.
HOW FAR FROM THE BACK OF THE FRONT SIDEWALK IS, IS YOUR CARPORT FROM THE SIDEWALK? I THINK I DID 10 FEET FROM THE, FROM THE, FROM THE BACK OF THE SIDEWALK OR THE FRONT OF THE, THE CURBSIDE.
I BELIEVE I MEASURED FROM THE RIGHT AT THE ENTRANCE.
I THINK IT'S THE BACK OF THE SIDEWALK.
SO YOU'RE, YEAH, I CAN SEE IT CLEARER ON, ON THE LEFT POST.
UH, BUT YOU'RE SAYING THAT'S APPROXIMATELY 10 FEET FROM THE BACK OF THAT SIDEWALK TO THAT POST? YES, SIR.
OH, I CAN SEE, UH, THE POST LOOKS LIKE IT COULD BE 10 FEET FROM THERE, BUT YOU'RE THINKING IT'S IT'S ABOUT 10 MORE THAN NINE.
YEAH, MORE THAN NINE FOR SURE.
I JUST MAKE SURE I, UM, YOU KNOW, I JUST LIKE, LIKE I SAID, EVEN WHERE, WHERE IT'S AT RIGHT NOW, I, IT DOESN'T FIT COMPLETELY MY, MY TAIL.
MY, UH, MY TRUCK VEST STILL STICKS OUT, SO.
AND ON THE RIGHT WHERE YOUR GUTTER IS, IS THAT POST, UH, IN CONFLICT WITH A, IT LOOKS LIKE YOU MIGHT HAVE A WATER METER THERE BEHIND THE SIDEWALK.
IS IT ANYWHERE NEAR? OH, IT'S IN THE FRONT.
UH, IF I COULD POINT AT IT, BUT, UH, YOU COULD SEE LIKE RIGHT THERE BY THE SIDEWALK, BY THE, THERE'S A LASER POINTER, SIR, IF YOU COULD, UH, UH, LASER POINTER.
OH, THIS ONE RIGHT HERE? YEAH.
SO YOU SEE RIGHT HERE, THIS IS WHERE THE WATER METER'S AT RIGHT THERE.
ANY OTHER QUESTIONS? O ZUNA, COMMISSIONER ZUNA.
SO THE, THE SIDE THAT'S MOST IMMEDIATE TO YOUR NEIGHBOR THERE TO THE RIGHT, THAT IS PREDOMINANTLY OPEN, YOU INTEND TO KEEP IT PREDOMINANTLY OPEN.
YOU DON'T INTEND TO CLOSE UP THAT SIDE, DO YOU, OR WHAT IS YOUR INTENT ON THAT SIDE OF THE, OF THE CARPORT? I MEAN, I HONESTLY, I DIDN'T WANT TO BUILD ANYTHING.
UH, 'CAUSE THE NEIGHBOR ALREADY HAS THOSE PLANTS AND KIND OF LIKE ALREADY PRIVACY, YOU KNOW, IT, IT IS RIGHT ON THE LINE.
AND, UM, BUT I, I HAVE DAUGHTERS SO, AND KIDS THAT LIKE TO PLAY AROUND MY, YOU KNOW, MY YARD AND STUFF LIKE THAT.
SO I'M TRYING TO DO A FENCE MAYBE IN THE FUTURE.
BUT HONESTLY, NOW THAT I LEARNED MY LESSON, YOU KNOW, I AM GONNA DO EVERYTHING THE RIGHT WAY.
WHERE LIKE, I GOTTA DO THE PERMIT AND ALL THAT TO MAKE SURE I, I FOLLOW ALL THE, THE PROCEDURES.
JUST SO YOU KNOW, IF YOU BUILD A FENCE, IT CAN'T BE OVER THREE FEET
SO, AND ALSO I MAKE SURE I GOT ALL MY NEIGHBORS INVOLVED AND, UH, YOU KNOW, THEY,
[01:00:01]
HONESTLY, THIS DOESN'T BOTHER THEM IN ANY TYPE OF WAY.ANY OTHER QUESTIONS? ALL RIGHT.
ANYONE SIGNED TO SPEAK? NO PUBLIC COMMENT.
ALL RIGHT, WELL, WHAT WE'RE GONNA DO IS WE'RE GONNA GO FOR A MOTION AND SEE WHAT HAPPENS.
OKAY? WE'D LIKE TO MAKE A MOTION ON THIS.
MR. BRAGMAN, UH, REGARDING CASE NUMBER BO A DASH 23 DASH 0 3 0 0, UH, UH, 2 6 4.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE, A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW CARPORT WITH A TWO FOOT SIDE SETBACK AND TWO, A SIX FOOT EIGHT INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK DEL ALLOW CARPORT WITH A THREE FOOT FOUR INCH FRONT SETBACK SITUATED AT 3 6 1 0 20 DRIVE.
APPLICANT BEING JUNIOR DURRON.
JUNIOR CUEVAS DURON, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF 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.
IN THIS CASE, THE PUBLIC INTEREST REPRESENT PUBLIC INTEREST REPRESENTED BY SETBACK REQUIREMENTS TO PREVENT WATER RUNOFF AND ADEQUATE SPACING BETWEEN PROPERTIES.
THE CARDBOARD IS IN ITS CURRENT LOCATION, IS NOT CONTRARY AS THE MITIGATION OF STORMWATER RUNOFF WILL HAVE ENOUGH SPACE TO NOT CAUSE ANY ADVERSE EFFECTS TO THE SURROUNDING PROPERTIES.
TWO, DUE TO SPECIAL CONDITIONS, A LIBERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
STAFF DOES FIND SPECIAL CONDITIONS ON THE SUBJECT PROPERTY.
THE FRONT PROPERTY LINE IS 10 FOOT INWARDS FROM THE CURB.
DUE TO THE SIZE OF THE PROPERTY, THERE'S INADEQUATE SPACE TO MEET THE SETBACK MINIMUMS. 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 GRANTING OF THE FRONT AND SIDE SETBACK VARIANCES MAY OBSERVE THE SPIRIT OF THE ORDINANCE OF THESE ARE CARPORTS LOCATED IN THE SURROUNDING AREAS.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMITY PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
IF GRANTED, THE CARPORT WILL BE TWO FEET FROM THE SIDE PROPERTY LINE AND THREE FOOT FOUR INCHES FROM THE FRONT PROPERTY LINE.
THERE ARE OTHER SIMILAR CAR CARPORTS IN THE AREA.
THE SUBJECT PROPERTIES CARPORT WILL NOT CHANGE THE ESSENTIAL CHARACTER CHARACTERISTICS OF THE DISTRICT.
THE PLIGHT OF THE OWNER OF THE PROPERTY OF WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY A FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS OF 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 LIMITED SPACING ON THE PROPERTY.
UPON STAFF SITE VISIT, IT WAS OBSERVED THAT THERE WAS INSUFFICIENT SPACE TO BE THE MINIMUM FRONT AND SIDE SETBACK MINIMUMS. END OF MOTION.
YES, I'LL BE IN SUPPORT OF THE MOTION.
UH, THERE ARE SIMILAR CARPORTS IN THE AREA, ALTHOUGH WE DON'T KNOW IF THEY'RE PERMITTED AT THIS POINT, BUT IT IS IN KEEPING WITH THE CHARACTER OF THE NEIGHBORHOOD.
IN ADDITION TO THAT, THERE WERE A NUMBER OF, UM, SUPPORTING NEIGHBORS, UH, WITHIN THE 200 FEET THAT WERE IN SUPPORT OF THE, THE CARPORT.
AND THEN THIRD, THE FACT THAT HE HAS, UH, GUTTERS.
SO IT MITIGATES THE WATER RUNOFF TO HIS NEIGHBOR.
UM, I THINK SHOWS THAT HE'S TRYING TO DO THE RIGHT THING.
SO AGAIN, I'LL BE IN SUPPORT OF THE MOTION.
SO, UH, FOR ALL OF THE, ALL THE MOTIONS ARE ALL THE REASONS THAT MY COLLEAGUE MADE I TO SUPPORT THE VARIANCES.
READ ANYONE ELSE? UH, AND I JUST WANTED TO ADD THAT BECAUSE IT'S SO FAR SET BACK FROM THE BACK OF THE, UH, PUBLIC SIDEWALK THAT IN ADDITION TO WHAT EVERYTHING COMMISSIONER BRAGMAN SAID, I'LL BE IN SUPPORT AS WELL.
SO LET'S HAVE A ROLL CALL VOTE PLEASE.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
MS. ZUNIGA, CAN YOU GIVE US A THUMBS UP OR A THUMBS DOWN? MR. ZUNIGA? THUMBS UP.
I CONCUR WITH THE FINDINGS OF FACT.
[01:05:02]
CAN YOU GIVE US A THUMBS UP OR A THUMBS DOWN? THUMBS UP.CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT.
IF YOU HAVE ANY QUESTIONS, UH, YOU CAN GET WITH STAFF.
LEMME TRY TO SEE IF WE CAN GET HIM BACK ON, UH, SPEAKER REAL QUICK.
CAN YOU HEAR US NOW, COMMISSIONERS, OR CAN YOU SAY SOMETHING? YEAH, UNMUTE YOURSELF FIRST.
SO NOW THE AUDIO HERE, IT'S GONNA PUT HERE BECAUSE IT COULD STILL SEE ON THAT SCREEN.
IT DOESN'T LOOK LIKE IT'S GONNA BE EASILY RESOLVED, SO AS LONG AS THEY CAN HEAR US AND YEAH, WE'LL PARTICIPATE, WE'LL, WE'LL MOVE ON.
WE'LL CONTINUE WITH WHAT WE'VE BEEN DOING.
ITEM NUMBER SEVEN IS BO OA DASH 23 DASH 0 3 0 0 2 6 7.
THE ADDRESS IS 2 4 1 9 WEST OTTO AVENUE IN CITY COUNCIL DISTRICT NUMBER SEVEN.
UH, THE APPLICANT IS EDGAR MONTANA AND THE REQUEST IS FOR A VARIANCE FROM THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT DESIGN GUIDELINES TO ALLOW A ROOF EDITION THAT DOES NOT MATCH THE PITCH CONFIGURATION AND STYLE OF THE EXISTING STRUCTURE TO ALLOW A FLAT ROOF ON A STRUCTURE THAT HAS A GABLE ROOF.
AND THE CURRENT DONATING IS R SIX.
UH, THE SUBJECT PROPERTY IS LOCATED AT 2 4 1 9 WEST MISTO AVENUE, NEAR WHISTLE NEAR WILSON BOULEVARD, UH, STEMMING FROM A BUILDING INVESTIGATION.
CODE ENFORCEMENT, UH, VISITED THE APPLICANT'S PROPERTY TO DISCOVER AN ADDITION CONSTRUCTED WITHOUT OBTAINING THE PROPER PERMITS.
UH, THE APPLICANT STATED THAT THE ADDITION WAS EXISTING PRIOR TO HIM MOVING INTO THE HOME.
UH, ONCE AWARE OF THE NEED FOR A PERMIT AND A ROOF PITCH VARIANCE, THE APPLICANT SUBMITTED ABOA APPLICATION TO DEVELOPMENT SERVICES.
UH, ROOFS FOR ADDITIONS OR, OR RENOVATIONS SHALL MATCH THE PITCH AND CONFIGURATION AND STYLE OF THE EXISTING STRUCTURE.
AND THIS IS A SNAPSHOT FROM THE, UM, JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT.
UM, DESIGN GUIDELINES ON ROOF LINES AND PITCHES.
AND THIS IS THE SUBJECT PROPERTY.
AND THEN THIS IS THE, UH, ROOF EDITION.
IT'S GOING TO BE THE ONE ON THE RIGHT AND THE SURROUNDING AREAS.
UH, STAFF RECOMMENDATION FOR THE ROOF PITCH VARIANCE STAFF RECOMMENDS A DENIAL AND BO OA DASH 23 DASH 1 0 3 0 0 2 67 BASED ON THE FOLLOWING, ONE, THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT DESIGN GUIDELINES ARE PROVIDED TO ALLOW FOR CONSISTENT, UH, PATTERNS OF, OF DEVELOPMENT, ARCHITECTURE, INTEGRITY, AND PRESERVATIONS OF NEIGHBORHOODS.
AND THIS IS THE NOTIFICATION PLAN.
STAFF MAIL AUTHORITY NOTICES, UH, ZERO IN FAVOR, ZERO IN OPPOSITION.
UM, AND JEFFERSON NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION OF THE, OF THE REQUEST.
AND WOODLAWN LAKE IS ALSO IN OPPOSITION OF THE, OF THE REQUEST TO, UM, THE SUBJECT PROPERTY IS LOCATED WITHIN TWO ASSOCIATIONS, AND THEY BOTH RESPONDED.
AND, UH, THIS CONCLUDES AND THIS IS THE, UH, ASSOCIATION RESPONSE FROM, UM, THE JEFFERSON NEIGHBORHOOD ASSOCIATION.
AND THIS IS THE, UH, RESPONSE FROM WOODLAWN.
[01:10:01]
CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT.UH, CAN YOU PLEASE BRING UP THE PICTURE THAT SHOWS ROOF ADDITION ON THE RIGHT.
SO THE ADDITION IS HE IS ON BOTH SIDES, BUT THE ONE IN QUESTION IS THE ONE ON THE RIGHT WITH THE DOUBLE DOOR, CORRECT? YES, SIR.
AND THE ALLEY THAT RUNS BEHIND THERE, IS THAT A DRIVABLE ALLEY OR, OR NOT? UM, NO.
UPON SITE VISITS, WE, WE DIDN'T SEE THAT IT WAS BEING USED FOR ANY DRIVEWAYS OR, OR ANYTHING LIKE THAT, SO, AND OKAY.
AND WHAT NEIGHBORHOOD ASSOCIATION IS HE ACTUALLY WITHIN? UH, HE'S WITH, HE'S WITHIN BOTH.
UM, HE'S WITHIN BOTH, UH, JEFFERSON AND OVER.
UH, ANY OTHER QUESTIONS FOR STAFF ON THE BOARD? COMMISSIONER KAPLAN? YEAH.
SO ON THESE ADDITIONS, THE HOMEOWNER SAYS HE DIDN'T DO IT.
UM, DO YOU HAVE ANY INFORMATION ON A PERMIT? DID ANYBODY THE PRIOR OWNER DO IT? DO YOU HAVE ANY IN, UH, PRIOR PICTURES? I NOTICED THAT THERE'S ONLY ONE PHOTOGRAPH.
DO YOU HAVE PHOTOGRAPHS FROM PRIOR YEARS TO SEE IF THE ADDITION EXISTED? I, I, I DO NOT.
UM, I CAN CHECK IF GOOGLE EARTH OR MAPS CAN, UM, PROVIDE US WITH THAT.
I'M JUST LOOKING AT GOOGLE EARTH.
THERE'S ONLY ONE PHOTO AND, AND IT DOESN'T GIVE A DATE FOR THE PHOTO.
SO I WAS, I KNOW USUALLY THE CITY DOES PHOTOS EVERY YEAR.
AND USUALLY THE CITY DOES, OBVIOUSLY THIS IS BE, THIS IS IN THE BACK OF THE HOUSE, NOT IN THE FRONT FACADE, SO, UM, WE WOULDN'T HAVE KNOWN ABOUT IT.
WHAT, WHAT BROUGHT THIS ON? UH, CODE COMPLIANCE.
UM, I BELIEVE THEY WERE DOING AN ADDITION OR REMODELING TO IT.
SO THE, THE APPLICANT HAD BOUGHT THE HOUSE WITH THE ADDITION INTACT.
UM, AND ONCE HE TRIED TO GET OR CODE HADN'T HAD, CAME TO THE PROPERTY, UM, TOLD HIM ABOUT HIS NEED FOR A PERMIT, WENT TO DSD AND THAT'S WHEN HE WAS AWARE OF THE VARIANCE.
THE APPLICANT DID BUY THE HOUSE WITH THE ADDITION ALREADY IN PLACE? YES.
IS THERE ANY OTHER QUESTIONS FOR THE, FOR STAFF? UH, REAL QUICK, UH, COMMISSIONERS ON LINE.
CAN YOU UNMUTE YOURSELF REAL QUICK? MANNA COMMISSIONER MANNA.
UM, SO CAN CITY ALSO BRING UP THE, THE, UM, OVERHEAD VIEW FROM GOOGLE MAPS? SO, YOU KNOW, I'M JUST LOOKING AT THE BUILDING, UM, AND, AND I WILL ASK THE APPLICANT TO KIND OF POINT OUT THE ROOFS HERE.
SO I JUST WANNA MAKE SURE THAT I'M SEEING WHAT I THINK I'M SEEING.
AND SO IT LOOKS LIKE THERE'S AN, UM, KIND OF A NEWER ROOF IN MY PICTURE, AT LEAST A NEWER ROOF ON THE GABLE SIDE.
AND THEN THE FLAT SIDE LOOKS LIKE IT'S ORIGINAL ROOFING.
SO JUST WANTED TO MAKE SURE, IF THAT'S WHAT I'M SEEING, CONFIRMING CAN WE HAVE THE APPLICANT COME FORWARD OR IS IT WE NEED TO DO A TECHNICAL BREAK? WE CAN SAVE THE BREAK BECAUSE WE'RE GONNA HAVE A LOT OF TIME.
YEAH, WE CAN, UH, WE CAN SAVE THE BREAK.
UH, LET'S HAVE THE APPLICANT COME FORWARD PLEASE.
IF YOU COULD STATE YOUR NAME AND, UH, YOU'VE HEARD WHAT WE'VE BEEN TALKING ABOUT, TELL US ABOUT YOUR CASE.
ALRIGHT, SO, UH, LET ME JUST CLEAR SOMETHING UP FOR EVERYONE.
MY NAME IS, MY NAME IS MARCUS OSTERHOUT AND MY WIFE IS AMY WONKA.
EDGAR MONTANO WAS OUR CONTRACTOR, SO HE'S, SO HE'S NOT ACTUALLY THE, THE HOMEOWNER.
UM, SO, AND I DO HAVE PICTURES FOR YOU, UH, THAT WILL HELP A LITTLE VIDEO AS WELL.
UH, IT'S ON MY PHONE, SO I DON'T KNOW WHAT THE BEST THEY CAN PROJECT CERTAIN THINGS.
THE VIDEO MIGHT BE A LITTLE GRAINY, BUT PICTURES WE, WE HAVE DONE BEFORE.
SO THEY CAN JUST, YOU CAN PUT ON THAT TABLE TO HAVE A LITTLE CAMERA UP THERE.
LEMME JUST READ THIS REAL QUICK AND I'LL PASS IT OVER AND ANSWER ANY QUESTIONS ANYONE HAS.
UH, SO MY, MY WIFE AND I, UM, BOUGHT THIS HOUSE IN JUNE OF 2021, AS IS WITH THE INTENT OF IMPROVING IT AND SELLING IT, ADDING VALUE TO THE COMMUNITY AND KEEP WITHIN THE CHARACTER OF THE NEIGHBORHOOD.
WE'VE ALWAYS BEEN IN SUPPORT OF THE HISTORICAL, HISTORICAL DEVELOPMENT PATTERNS, ARCHITECTURAL INTEGRITY AND PRESERVATION OF NEIGHBORHOODS.
WE WERE UNAWARE AND WITHOUT KNOWLEDGE THAT THERE WERE ANY ISSUES AS SINCE WE BOUGHT IT AS IS.
[01:15:01]
NCD UH, DASH SEVEN DESIGNS, IN ORDER TO CORRECT THIS ISSUE WOULD CAUSE A VERY SERIOUS FINANCIAL HARDSHIP TO REMOVE, UH, 'CAUSE IT WOULD REQUIRE LIFTING THE ROOF UP.UH, NO NEIGHBORS IN THE SURROUNDING AREA HAVE DISPUTED US HAVING IT.
UH, NEIGHBORS IN THE SURROUNDING HOMES, UH, HAVE SIMILAR BACK BUILDINGS WITH A SIMILAR FLAT ROOF PITCH.
UH, AS FAR AS PROTECTING THE HISTORICAL INTEGRITY OF THE NEIGHBORHOOD, OUR VISION IS SIMPLE.
WE INTEND TO ADD VALUE TO THE COMMUNITY.
AND FROM A CURB APPEAL PERSPECTIVE, WHICH IS WHERE THE MAJORITY OF ANYONE GOING BACK AND FORTH TO AND FRO, UH, JUST LIKE YOU DISCUSSED, THERE'S NO ONE DRIVING IN THE, IN A BACK ALLEY.
UM, THE AREA OF THE ROOF IN QUESTION IS IN THE BACK OF THE HOUSE, AWAY FROM THE SITE OF ANYONE PASSING BY OR DRIVING BY.
UM, YOU KNOW, THIS, THIS, LIKE I SAID, THIS IS, UH, SOMETHING THAT WAS DONE.
WE WERE TRYING TO BRING EVERYTHING TO CODE.
AND AS WE WENT TO PULL, UH, A PERMIT FOR, UH, SOMETHING ELSE, ALL OF A SUDDEN THIS CAME UP AND WE WEREN'T, OR THE CONTRACTOR WAS UNABLE TO GET THE, THE PERMIT BECAUSE THIS WAS IN QUESTION.
UM, JUST, I JUST NOTICED A QUE SO ON, ON THE BEAR APPRAISAL RECORDS, IT SHOWS, UH, THAT THIS HOUSE WAS BUILT IN 1946 IS IT DOES NOT REFLECT ANY ADDITIONS AFTER 1946.
UH, DO YOU HAVE ANY IDEA WHAT THE SQUARE FOOTAGE IS LIKE WHEN YOU WENT THROUGH THE CLOSING PROCESS? 'CAUSE THEY'RE SAYING IT'S 1,408 SQUARE FOOT LIVING.
UH, IS, I'M TRYING TO FIGURE OUT LIKE WHEN THIS ADDITION WAS MADE.
UM, DOES IT PREDATE THE NCD? I MEAN, I DON'T KNOW.
UH, BUT DO YOU HAVE, DO YOU HAPPEN TO KNOW THE SQUARE FOOTAGE FROM YOUR CLOSING? I'M TRYING TO REMEMBER OFF THE TOP OF MY HEAD.
I AM TEXTING MY WIFE WHO'S, UH, ON LISTENING TO THIS RIGHT NOW.
UH, SHE'S IN TEXAS, I'M SORRY, BACK IN CALIFORNIA.
UH, SO I'LL HAVE THAT ANSWER FOR YOU IN JUST A MOMENT.
THE, IT, IT SAYS LIVING AREA 14, BUT YEAH, IT DOES, IT, IT'S 1200 WHEN YOU EXCLUDE THE OPEN PORTION.
BUT THERE'S AN ADDITIONAL LIVING AREA OF 200 LISTED, WHICH IS CONFUSING TO ME BECAUSE IT GIVES YOU A LIVING AREA OF 1208, AN ADDITIONAL LIVING AREA OF 200.
THAT'S WHERE I GOT THE 1400 FROM.
SO I WAS JUST, BUT IT DOES SAY THAT THAT WAS BUILT IN 1946.
AND SO I'M JUST TRYING TO FIGURE OUT LIKE, WHEN WAS THIS THING BUILT?
WHAT, WHAT YEAR WAS THE NCD NINE? UH, 20 12, 20 16.
I BELIEVE IT WAS 2012, BUT I'M CHECKING RIGHT NOW.
SEE, 'CAUSE 1940, THAT COULD BE A MISTAKE TOO.
DID YOU WANT TO, WE HEARD YOU.
AH, NO, I COULD SAY, CAN YOU SAY SOMETHING? UH, I WAS FOR TO MUTE AND UNMUTE.
SO, SO ONE OF THE QUESTIONS YOA THAT I HAVE HERE IS THAT I DO RECOGNIZE THAT THERE MAY BE OTHER HOMES HERE THAT DO HAVE THAT, UH, WE WILL SAY A FLAT ROOF ON THE BACK.
UM, SO ARCHITECTURALLY, COULD A FLAT ROOF BE CONVERTED INTO A PITCHED ROOF WITH JUST BY, YOU KNOW, ADDING, ADDING THE RAFTERS ON TOP OF THE EXISTING ROOFING STRUCTURE WITH THE, YOU KNOW, JUST CHANGE IT SO THAT VISUALLY IT DOES BEAT THAT REQUIREMENT? RIGHT.
IS THAT POSSIBLE? AND THIS, THIS IS OUR NEWEST CONTRACTOR.
YOU COULD, YOU HAVE TO COME UP TO THE MICROPHONE, PLEASE.
IT'S POSSIBLE THAT YOU COULD, IT COULD BE DONE, BUT IT'S GONNA BE TEARING APART THE EXISTING ROOF FROM YOUR HOUSE TO ADD IT, TO GO TO MATCH THE, THE SAME TO TIE INTO THAT REAR.
TO ADD IT TO JUST TO MAKE IT LOOK ALL AT ONE ROOF SO YOU DON'T HAVE TO TEAR UP INTO THE EXISTING ROOF.
IF STAFF HAS WANTS TO BRING THAT PICTURE BACK UP, THAT SHOWS ROOF ADDITION ON THE RIGHT.
YOU CAN IMAGINE IF YOU WERE TO MATCH THAT, THAT PITCH FROM THE, FROM THE ADDITION ON THE LEFT SIDE AND DO THE SAME THING ON THE RIGHT SIDE, IT WOULD HAVE TO EXTEND OVER THE ADDITION AND GO INTO THE HOUSE TO TIE INTO THE ROOF.
AND YOU WOULD HAVE TO GO BASICALLY FROM, YOU SEE THE PIPES COMING OUT, THE PIPES ARE COMING OUT.
YOU WOULD'VE TO GO PAST THAT JUST TO GO ALL THE WAY TO MAKE IT BACK TO THE CORN ROOF.
IS THERE, I MEAN, I DON'T WANNA PUT YOU ON THE SPOT, BUT ARE WE TALKING ABOUT $20,000 MORE OR LESS? I THINK ABOUT ANYWHERE, ANYWHERE FOR 15 TO $20,000 TO GO IN THERE.
AND, AND NOT JUST THAT YOU GOTTA REPLACE ALL THE ROOF AGAIN.
AND ANSWER YOUR EARLIER QUESTION.
WELL, UM, THAT'S A PICTURE OF IT.
UH, CURRENTLY THAT'S YOUR HOUSE CURRENTLY? THAT IS, THAT IS THE PROPERTY CURRENTLY.
WELL, WHAT HAPPENED TO THE PICTURE
[01:20:01]
SO THE, THE OTHER ONE ON THE LEFT, UH, WAS REMOVED AND THEN THAT'S THE ONE YOU'RE TALKING ABOUT ON THE RIGHT.BUT OKAY, STEPH, THERE'S A, WHEN WAS THIS PICTURE TAKEN THAT'S IN THAT, THAT'S BEING SHOWN RIGHT NOW ON OUR SCREENS, UH, AROUND TWO WEEKS AGO.
SO PLEASE BRING THAT PICTURE BACK UP.
SO THAT'S WHAT WE'RE SEEING ON OUR SCREENS.
SO ARE YOU SAYING THAT, THAT THAT ELEMENT ON THE LEFT HAS BEEN DEMOED? NO, NO, NO, NO.
I HAD THAT BACKWARDS
THIS WAS, THIS IS HOW WE FOUND IT AND THAT THAT IS THE CURRENT STATE.
SO, SO YOU DEFINITELY ADDED THIS ON THE LEFT SIDE THAT HAS THE PITCH ROOF, WHICH IS NOT IN QUESTION, WHICH IS NOT IN QUESTION THAT THAT'S SOMETHING YOU DID DO, RIGHT.
BUT THE BUT WHAT WAS ON THE RIGHT SIDE, CORRECT? CORRECT.
WHAT WORK DID YOU DO ON THE RIGHT SIDE? GIMME ONE SECOND.
I'M GOING TO, WELL, I HEAR IT FROM THE HORSE'S MOUTH SIDE.
THE RIGHT SIDE WAS THE PREEXISTING STRUCTURE THAT WE BOUGHT IT WITH, AND ALL WE DID WAS BRING IT TO CODE.
WE DIDN'T REALIZE WHEN OUR CONTRACTORS WENT IN AND WE TRIED TO PULL MULTIPLE PERMITS LAST AUGUST AS WELL.
AND IT KEPT GETTING KICKED BACK AND WE WEREN'T TOLD IT WAS BECAUSE OF A VARIANCE OF A ROOF AT THAT POINT.
IT, THEY JUST KEPT KICKING IT BACK.
SO WE JUST BROUGHT IT TO CODE AND KEPT WAITING TILL WE COULD GET, FIGURE OUT WHY YOU GUYS WEREN'T, THE PERMIT DEPARTMENT WASN'T ALLOWING A PERMIT.
FOR THE RECORD, IS THAT, UM, UH, AMY WONKA? THAT IS CORRECT, CORRECT.
AND, UM, I KNOW THIS IS NOT HOW WE NORMALLY DO THINGS.
I WANT TO MAKE SURE I'M DOING THIS CORRECTLY, RIGHT.
SO WHEN YOU PURCHASED, YEAH, SORRY.
I JUST HAD, I HAD SURGERY A WEEK AGO AND I COULDN'T, I COULDN'T LIFT ANYTHING OVER FIVE POUNDS, SO I HAD TO SEND THEM IN MY PLACE.
THAT I COMPLETELY, UH, KNOW WHAT THAT'S ABOUT.
SO THIS, UM, ON, ON THE ADDITION THAT, THAT'S IN QUESTION WITH THE FLAT ROOF, YOU, WHEN YOU PURCHASED THE HOME, IT WAS ALREADY THERE, ALREADY HAD A FLAT.
SO THE, THE PHOTOS THAT HE DOES HAVE WHERE YOU SEE LIKE MOLD AND STUFF? MM-HMM.
WE ALSO HAVE A VIDEO THAT MY A RE UH, A REAL ESTATE PERSON WENT WHEN HE WALKED THE HOUSE WHEN SOMEBODY WAS STILL LIVING THERE BEFORE WE PURCHASED IT TO SHOW THAT THAT WAS ALREADY PREEXISTING AS WELL.
AND, AND WHILE WE DON'T HAVE FORMAL RECORD, UH, OTHER THAN WHAT WE HAVE ON V AD, WHICH SAYS 1946, DID IT APPEAR LIKE THE AGE WAS PRIOR THAN 2009 IN YOUR OPINION? UM, I WOULDN'T SAY IT WAS PRIOR TO 2009, NO.
I DON'T KNOW HOW LONG THE PERSON THAT LIVED THERE, I KNOW HE, THE PERSON THAT LIVED THERE, THE HUSBAND, HUSBAND WAS IN CONSTRUCTION.
SO IT LOOKED LIKE HE DID IT A LOT OF IT HIMSELF.
LIKE IT LOOKED LIKE IT WAS A COVERED PATIO ALL ALONG.
UM, OVERHANG, BUT IT LOOKS LIKE HE JUST ADDED WALLS TO IT.
SO THAT MAY HAVE BEEN WHAT, WHAT HAPPENED? OKAY.
SO STAFF, HOW DOES THAT WORK IF YOU HAVE A COVERED PATIO WITH THE SLOPE ROOF? IS THAT ALLOWED BY THE NCD? IS IT ONLY THE LIVING SPACE? IT HAS TO HAVE THE, THE PITCHED.
AND THEN OF COURSE MY NEXT QUESTION IS IF SOMEONE WALLS IT IN, WHAT, WHAT, HOW DO Y'ALL LOOK AT THAT? SO IF SOMEBODY WALLS IT IN, UM, THEY WOULD HAVE TO BE IN COMPLIANCE WITH THE NCD.
'CAUSE AT THAT POINT THEY'RE MAKING IT PART OF THE STRUCTURE.
UM, THIS ONLY SPEAKS TO THE, UM, THE STRUCTURE.
SO THE, THE PATIO WOULD NOT BE CONSIDERED IN THIS.
SO WHEN THEY CONVERTED IT, YEAH.
SO WHEN YOU PURCHASED THE HOME, YOU, YOU WALLED IT IN? NO, IT WAS ALREADY WALLED IN.
THEY MUST HAVE DONE IT THEMSELVES.
AND IT WAS CREATING THE WAY HE HAD DONE IT, THAT THERE WAS NO VENTILATION.
SO THERE WAS MOLD GROWING EVERYWHERE.
SO WE JUST BROUGHT IT TO CODE, BASICALLY.
IS THERE ANY OTHER, AND LET'S SEE IF YOU HAVE ANY OTHER QUESTIONS.
SO IT'S COMMISSIONER CRITICAL AS, AS TO THE, THIS OZUNA, UH, CRITICAL AS TO THE TIME THAT THAT RENOVATION WAS COMPLETED VIS-A-VIS THE 2009 NCD, UH, ORDINANCE.
IF SO WHAT'S AT BAY HERE IS THAT IF IT WAS WALLED IN PRIOR TO THE, TO THE NCD ORDINANCE, AND ALL YOU DID WAS DO A MINOR REMODEL TO THE AREA, THAT'S ONE THING.
SO FINDING OUT HOW OLD IT WAS MM-HMM.
AND THAT'S WHAT, SO DID YOU, DID YOU SEE ANYTHING THAT WOULD KIND OF TELL YOU MAYBE HOW OLD IT WAS? ANY MATERIALS, UH, AGING, A, A NEWSPAPER ON
[01:25:01]
THE WALL, SOMETHINGI MEAN, I, I MEAN, I CAN SEND YOU A PHOTO AGAIN OF THE MOLD THAT WAS ALREADY CREATED AND YOU, I MEAN, I'M NOT A MOLD EXPERT, SO I, YOU CAN JUSTIFY ON YOUR OWN HOW LONG YOU THINK IT WAS LIKE THIS.
UM, YEAH, BECAUSE WE, WE JUST LET, LEMME SEND THAT AGAIN.
SO THE QUESTION I GUESS I WOULD ASK FOR THE CITY IS IF, IF IT WAS BUILT WITHOUT PERMITS AND CLOSED IN BEFORE THE ORDINANCE, YOU KNOW, I MEAN THAT'S, THAT'S, THAT ADDS ON TOP OF THIS LAYER.
SO TO ME IT'S, IT WAS AN LEGAL STRUCTURE POTENTIALLY.
UM, SO THAT, I DON'T KNOW THAT THAT APPLIES.
SO POTENTIALLY, UM, BUT IF WE'RE JUST TALKING ABOUT THE NCD STANDARDS, IF, IF THE NCD STANDARDS WEREN'T THERE, THEN HE WOULD HAVE TO GO GET A PERMIT LIKE HE NORMALLY WOULD.
BUT SINCE WE HAVE THE CD STANDARDS PERMIT RIGHT NOW, PERMIT STOP POINT APPROVAL AGAIN, UM, 'CAUSE WE'VE BEEN TRYING TO WORK WITH THE VARIANCE DEPARTMENT AND THE PERMANENT DEPARTMENT TO TRY TO GET THIS GOING AGAIN.
UM, I, I SHOW THE PICTURE NOW.
SO, UH, MR. OLDEN OSTERHOUT OSTER HOUSE, OKAY.
WHEN YOU PURCHASED THIS PROPERTY TWO, TWO YEARS AGO, RIGHT? YEAH.
DID YOU GET TITLE INSURANCE? SEE? YES.
SO I WOULD IMAGINE THEY WOULD HAVE GONE THROUGH BUILDING PERMITS AND DID THEY PULL UP ANYTHING TO SAY THAT THERE WAS, THAT THEY, THEY, THEY WON'T DO THAT.
THEY WON'T DO BUILDING PERMIT.
BECAUSE YEAH, WE, WE WEREN'T MADE AWARE OF ANYTHING.
THEY'LL LOOK FOR JUDGMENTS OR CHAIN OWNERSHIP.
'CAUSE IN WE'RE I'M FROM, THEY WOULD'VE PULLED UP PERMIT.
SO YOU HAD, SO WHEN YOU DID YOUR INSPECTION, NOBODY EVER SAID, IS THIS LEGAL? NO, NO QUESTION.
AND YOU KNOW, TO BE, TO BE HONEST, WE'RE, YOU KNOW, WE WERE NEWER TO REAL ESTATE INVESTING AND QUESTIONS TO ASK.
YOU KNOW, THIS IS OUR, YOU KNOW, THIRD HOME.
WE'VE NOW, UH, GOTTEN UP TO SIX HOMES IN SAN ANTONIO AND IT'S BEEN REALLY GOOD FOR US TO BE HERE.
UM, AND NOW WE, WE KNOW QUESTIONS TO ASK, BUT AT THE TIME, YOU DON'T KNOW WHAT YOU DON'T KNOW.
IS THERE, UM, I THINK I, AND I THINK YOU'VE PAINTED THE PICTURE OF WHAT HAPPENED.
IT, IT, IT WAS AN EXISTING CONDITION THAT YOU RENOVATED? MM-HMM.
RIGHT? THERE'S, AND THAT'S, THAT'S THE PICTURE OF IT WHERE THE, YOU SEE THE MOLD IN THE BOTTOM LEFT HAND CORNER AND UP EVEN UP ON THE KIND OF THE RAF.
I, I, I COULD REASONABLY GUESS THAT'S PRIOR TO 2009.
NOT JUST TO, YOU KNOW, BEEF ON MY CASE, BUT JUST, WE'LL SEE WHAT THE COMMISSION THINKS ABOUT THAT.
IS THERE ANY OTHER QUESTIONS FROM THE COMMISSION BEFORE WE MOVE FORWARD? STAFF? IS THERE ANYONE CENTER TO SPEAK ANY VOICEMAILS? THERE IS NO PUBLIC COMMENT.
UH, SO WHAT WE'RE GONNA DO, UM, IF THERE'S ANYTHING ELSE YOU WANT TO ADD BEFORE WE'RE JUST GOING TO, WE'LL DELIBERATE AND SEE HOW IT TURNS OUT.
AMY, IS THERE ANYTHING ELSE YOU WOULD LIKE TO ADD BEFORE THEY VOTE? UM, I MEAN, YOU CAN LET THEM KNOW TOO THAT WE WE'RE, I MEAN, WE'RE PRETTY GOOD AT TRYING TO, DOING OUR BEST TO FOLLOW THE RULES OF LIKE ALL THE HISTORIC PART, YOU KNOW, DOING OUR HOUSE AND KING WILLIAMS, WE HAVE TO FOLLOW A STRICT PROTOCOL WITH THE HISTORIC DISTRICT.
UM, EVEN WITH THE HISTORIC DISTRICT IN DOWNTOWN WITH OUR, WITH WHAT WE'VE HAD TO EXPERIENCE WITH THEM, IT, IT IS ALWAYS THE CONCERN MORE SO OF WHAT THE HISTORIC FRONT LOOKS LIKE.
SO IN THE BACK THERE, THEY'RE USUALLY A LOT MORE LENIENCY BECAUSE IT IS NOT IN THE EYE VIEW AND DOESN'T, UM, TAKE AWAY FROM THE COMMUNITY OF WHAT IT THE ORIGINAL COMMUNITY WAS SUPPOSED TO LOOK LIKE AS YOU WALKED ALONG THE STREETS.
UM, SO JUST SEEING IF THAT'S SOMETHING THAT YOU GUYS CONSIDER AS WELL.
UM, LAST, LAST QUESTION I HAVE FOR, FOR THE CITY.
UH, IF YOU LOOK ON THIS BLOCK FACE, THERE DO SEEM TO BE A NUMBER OF OTHER, UH, HOUSES THAT HAVE FLAT ROOFS IN THE BACK.
HAS, DO THEY HAVE VARIANCES OR DO WE KNOW IF THEY'RE IN COMPLIANCE? UH, WE DO NOT, UH, KNOW THE DETAILS FOR THE OTHER HOUSES, MA'AM.
SO WITH THAT, WE'RE GONNA ASK FOR A MOTION.
COMMISSIONER ZUNA REGARDING CASE NUMBER BOA DASH 23 DASH 0 3 0 0 2 67.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A VARIANCE FROM THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT DESIGN GUIDELINES TO ALLOW A ROOF ADDITION THAT DOES NOT MATCH THE PITCH CONFIGURATION IN STYLE OF THE EXISTING STRUCTURE TO ALLOW A FLAT ROOF ON A STRUCTURE THAT HAS A GABLE ROOF TO THE REAR OF THE PROPERTY, SITUATED AT 2 4 1 9 WEST MISTO AVENUE, APPLICANT BEING EDITOR ANO BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF PROVISIONS OF THE UDC HAS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY, SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC
[01:30:01]
INTEREST IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY DESIGN STANDARDS TO PROMOTE THE ARCHITECTURAL INTEGRITY OF AN ALREADY ESTABLISHED NEIGHBORHOOD.THE CURRENT ROOF PITCH DOES NOT DEVIATE FROM THIS REQUIREMENT, WHICH IS NOT CONTRARY TO THE PUBLIC INTEREST.
TWO TO THE SPECIAL CONDITIONS AND LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP.
THE SPECIAL CONDITIONS FOUND ON THE SUBJECT PROPERTY IS THE ROOF EDITION IS LOCATED WITHIN THE REAR YARD AWAY FROM THE PUBLIC RIGHT OF WAY.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD NEED TO ALTER THE STRUCTURE TO ABIDE BY THE NCD REGULATIONS.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE IN THIS CASE.
THE AIM OF THE CODE IS FOR THE ENFORCEMENT OF THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT DESIGN GUIDELINES, WHICH PROVIDE CONSISTENT DEVELOPMENT PATTERNS, ARCHITECTURAL INTEGRITY AND PRESERVATION OF NEIGHBORHOODS.
THE REQUESTED VARIANCE APPEARS TO ADHERE TO THE SPIRIT OF THE ORDINANCE AS THE CURRENT ROOF PITCH STILL MAINTAINS THE ARCHITECTURAL CHARACTER OF THE HOME FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE.
SO 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 THE VARIANCE.
FIVE VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
IF GRANTED, THE ROOF PITCH WILL STATE IN ITS CURRENT, UH, DEVIATED CONFIGURATION OF THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT ENFORCES BUILDING MATERIALS TO BE CONSISTENT WITH THE PRINCIPAL STRUCTURE.
THE CURRENT FLAT ROOF DOES NOT TAKE AWAY FROM THE ORIGINAL CHARACTER OF THE HOME AND DOES NOT DIRECTLY AFFECT ANY IMMEDIATE NEIGHBORS.
SIX, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR ITS VARIANCE SOCIETY TO THE IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY.
THEY'RE NOT MERELY FINANCIAL OR NOT DUE TO THE RESULT OF GENERAL CONDITION OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS APPLIED TO THE OWNER OF THE PROPERTY FOR ITS EXPERIENCES, THOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE ROOF PITCH, ADDITION BEING IN THE REAR YARD AND THE APPLICANT PURCHASING THE HOME WITH IT ALREADY INTACT.
SO I'M GONNA BE IN SUPPORT OF THE MOTION AS READ.
UM, CLEARLY WE, WE SAW TESTIMONY HERE, UM, THE LOCATION OF THE, UM, THE AREA OF THE ROOF THAT IS THE, THE, UM, SEEKING THE VARIANCE IS LOCATED INTO THE REAR.
THERE'S NO ALLEY, THERE IS NO VISIBLE, UM, AREA OF THAT ROOF THAT WOULD BE, UM, SUBJECT TO PEOPLE IN THE NEIGHBORHOOD SEEING IT.
SECOND, THERE IS A, A PROMINENCE OF FLAT ROOFS IN THAT AREA, NOT THAT ADDING ANY MORE ONE WOULD ADD TO IT, BUT THIRD, UM, YOU KNOW, THE APPLICANT DID DO THE PITCH ROOF ON THE NEW CONSTRUCTION THAT THEY WERE BUILDING.
SO THEY WERE, YOU KNOW, COMPLYING WITH THAT PORTION OF THE ROOF.
AND AS FAR AS WE KNOW, WE DON'T KNOW THE NA THE DATE OF THE TWO OF THE, UH, EXISTING IMPROVEMENTS, WHICH COULD HAVE PREDATED THE 2009, WHICH COULD HAVE BEEN A GRANDFATHERING CONDITION OF THAT ROOF.
THAT WAS, UH, UH, LINE THAT WAS BUILT TO MAY ENCLOSED THE PORT.
SO, YOU KNOW, I COMMEND THE APPLICANT HERE FOR INVESTING IN THE COMMUNITY BUILDING, UM, UH, UH, YOU KNOW, QUALITY HOUSING STOCK IN A NEIGHBORHOOD THAT'S MUCH NEEDED.
UH, AND UH, I DON'T SEE WHERE THIS VARIANCE REQUEST WOULD BE, UM, YOU KNOW, IN, IN CONTRARY TO THE PUBLIC INTEREST.
THANK YOU COMMISSIONER BRACKMAN.
I'LL BE IN SUPPORT OF THE MOTION FOR THE VERY SAME REASONS ANY OTHER COMMISSIONERS' LIKE TO ADD COMMISSIONER KAPLAN? YEAH.
UM, I'M VERY TORN ON THIS BECAUSE I AGREE THAT YOU'VE KIND OF STUMBLED INTO SOMETHING YOU DIDN'T KNOW WHAT YOU WERE DOING.
THE PROBLEM I HAVE IS THAT IF WE GRANT THE, THE, UH, APPEAL, THEN UM, WE GRANT IT TO EVERYBODY ELSE WHO'S DONE THE SAME THING.
AND I DON'T, I BELIEVE PROBABLY THE REST OF THE PROPERTIES THAT HAVE FLAT ROOFS IN THE BACK PROBABLY ARE NOT IN COMPLIANCE EITHER, AND JUST HAVEN'T BEEN FOUND OUT.
SO ONCE WE GIVE YOU THE VARIANCE, WE'VE GIVEN IT TO THE ENTIRE NEIGHBORHOOD AND THEREFORE I HAVE TO, I HAVE TO SIDE WITH THE COMMUNITY WITH NEIGHBORHOOD ASSOCIATION, WHICH IS TRYING TO CREATE A UNIFORM ARCHITECTURAL LOOK IN THE, IN THE NEIGHBORHOOD.
AND, UM, SO I'M GOING TO BE AGAINST IT.
MANNA, CAN I JUST MAKE ONE COMMENT? UH, WE'LL SEE IF THERE'S ANYONE ELSE FIRST AND WE'LL GO BACK TO ANYONE ELSE.
SO I'M GONNA AGREE WITH MY COLLEAGUE, UH, MS. KAPLAN HERE.
AND SO, SO FOR A COUPLE OF REASONS.
ONE IS THAT, YOU KNOW, THE, THE WHOLE NOTION OF THE, OF THE, UH, DISTRICT IS TO KIND OF PROMOTE AND, YOU KNOW, LIFT EVERYTHING UP.
AND I THINK THAT WE HEARD THAT THIS HOME COULD BE MADE, YOU KNOW, A PITCHED ROOF.
AND FROM MY PERSPECTIVE, YOU KNOW, FAIRLY EASILY AND, UM, THERE WAS A RENOVATION DONE TO THIS SPACE.
SO IT WAS, IT WASN'T JUST BASICALLY RE-ROOFING, YOU KNOW, IT WAS KIND OF A WHOLE INSIDE THING.
SO, SO AT SOME POINT, YOU KNOW, UM, YOU KNOW, WHEN IS IT TRULY A RENOVATION? AND SO, SO I THINK FROM THAT PERSPECTIVE, I THINK THAT IF THEY DID DO THE ROOFING, IT WOULD ACTUALLY EVEN ADD MORE VALUE TO IT, BE CONSISTENT AND, AND ADD TO THE VALUE OF THE HOME, YOU KNOW, ITSELF.
SO, UM, SO, UM, I WON'T BE SUPPORTING THE MOTION.
I'M GONNA, I'M GONNA, UM, CHIME IN BEFORE I GO BACK TO COMMISSIONER ZUNA, BUT, UM, I'M GONNA BE IN SUPPORT OF THE APPLICANT ON THIS BECAUSE, UM, YOU KNOW, THIS NEIGHBORHOOD WAS BUILT IN THE FORTIES.
[01:35:01]
THERE WAS A LOT OF THINGS THAT ARE IN VIOLATION OF THE NCD FOR A NEIGHBORHOOD BUILT IN THE FORTIES FOR AN NCD THAT CAME OUT IN OH NINE.BUT, YOU KNOW, OBVIOUSLY THE APPLICANT, THEY DIDN'T DO ANYTHING WRONG.
THEY BOUGHT IT IN THIS CONDITION.
I THINK THE ONLY ISSUE OF BAY IS, IS WHETHER OR NOT IT WAS CLOSED IN PRIOR TO 2009.
UH, IF IT WAS, AND THEY, THEY DON'T EVEN HAVE TO BE HERE.
UH, IF IT WASN'T, THEN, YOU KNOW, HOW CLOSE TO IT WAS IT? AND THEY, THEY REMODELED THIS THING TO MAKE IT BETTER, AND IT'S FROM THE BACK.
IT'S, YOU CAN'T EVEN SEE IT FROM THE FRONT.
SO FOR THIS PARTICULAR, UH, ITEM, I DON'T HAVE AN ISSUE.
AND BCAT SHOWS THAT THE TAXABLE VALUE IS $152,000.
UH, IF THIS IS GONNA COST, YOU KNOW, OVER 20 GRAND TO, TO REMEDY, THAT'S STARTING TO BE QUITE A, A CHUNK OF MONEY, UH, FOR THIS HOUSE, UH, TO DO SOMETHING THAT NO ONE'S GONNA REALLY EVEN SEE.
MY ONLY STATEMENT IS OF OUR GUIDANCE FROM COUNSEL IS THAT EVERY MOTION HERE STANDS ON ITS OWN.
AND THAT EVERY CONSIDERATION FOR EVERY VARIANCE OR MOTION WOULD STAND ON ITS OWN.
SO JUST BECAUSE WE VOTE ONE WAY ON THIS PARTICULAR OR ANY PARTICULAR ITEM DOES NOT, UH, GIVE ANY, ANY KIND OF, UH, YEAH.
CAR BLANCHE OR, OR, YOU KNOW, UH, BEFORE EVERY CASE STANDS ON ITS OWN.
THAT'S FOR THE BOARD TO CONSIDER.
UM, I'D ALSO, AND, AND TO ADD ON TO THAT COMMENT, UH, YEAH, IT DOES SET A TONE FOR, FOR PEOPLE WHO GET CITED IN THE FUTURE.
THEY COULD SAY, WELL, YOU LET THIS GUY GET AWAY WITH IT, BUT THIS, THIS APPLICANT HERE DID, DID BUILD HIS ADDITION CORRECTLY.
SO THE ARGUMENT RESPONSE WOULD BE, WELL, I, I DID WHAT I WAS SUPPOSED TO WHEN I WAS SUPPOSED TO.
IS THERE ANYTHING ELSE? ALL RIGHT, LET'S HAVE A ROLL CALL.
MS. BRAGMAN, I CONCUR THE FINDINGS OF FACT.
MS. KAPLAN, I DO NOT CONCUR, MR. DEAN.
I DO NOT CONCUR WITH THE FINDINGS OF FACT.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
YOU NEED NINE VOTES FROM THIS COMMISSION TO, FOR SOMETHING TO PASS NINE.
UH, SO WHAT I CAN, UH, DO IS, IS PLEASE GET WITH STAFF, SEE WHAT THEY CAN DO ABOUT IT, AND IF YOU CAN FIND SOMETHING THAT SHOWS IT WAS WALLED IN BEFORE THE NCD WAS PASSED, THAT WOULD BE ANOTHER PATH FOR YOU.
UM, YOU KNOW, AGAIN, HAVE A GOOD DAY AND PLEASE GIVE US THAT.
OKAY, SO WE CAN'T HEAR ANY OF OUR OTHER CASES UNTIL THREE O'CLOCK.
[ Approval of Minutes ]
WE ARE GOING TO CONSIDER THE MINUTES, UM, LET'S GO DELVE INTO THE MINUTES.UH, I DIDN'T HAVE ANY COMMENTS.
DID ANYBODY HAVE ANY AMENDMENTS THAT NEED TO BRING UP? ALL RIGHT, I MOVE THAT WE APPROVE THE MINUTES.
YOU OPPOSED? UH, HEARING NONE.
AND WE CAN MOVE ON TO NUMBER 12.
UH, SCHEDULING RESCHEDULING FROM NOVEMBER 20TH TO NOVEMBER 13TH.
UM, ON THIS, YOU KNOW, I, I, I BROUGHT THIS UP AT THE LAST MEETING 'CAUSE THAT'S THANKSGIVING WEEK, AND I WAS CONCERNED THAT THERE MIGHT BE, UH, WE MIGHT HAVE ISSUES WITH GETTING A QUORUM OR AT LEAST GETTING TO 11.
UM, SO THAT'S, THAT'S WHY WE, WE, I DISCUSSED THAT WITH STAFF AND THEY, THEY RECOMMEND NOVEMBER 13TH.
IS THERE ANY COMMISSIONERS THAT'D LIKE TO COMMENT ON THAT? MY ONLY QUESTION WOULD BE SO, SO I HAVE NO PROBLEM.
UH, MY ONLY PROBLEM WOULD BE, SO WE WOULD HAVE, UH, TWO MEETINGS IN A ROW.
AND, AND JUST SO YOU KNOW, A LOT OF OTHER COMMISSIONS AND STAFF CAN TALK ABOUT THIS.
UH, A LOT OF OTHER COMMISSIONS AND CITY COUNCIL ARE ALSO DURING THAT WEEK, JUST NOT MEETING.
SO WE HAVE ONE COMMISSIONER THAT CAN'T MAKE IT.
UH, IS THERE ANY, IS, IS THERE ANYBODY ON THE COMMISSION THAT CANNOT MAKE NOVEMBER, UH, 13TH? RIGHT.
AND JUST FOR CLARIFICATION, THAT WOULD MEAN YOU WOULD HAVE THE MEETING, THE, THE WEEK BEFORE ON NOVEMBER 6TH, AND THEN AGAIN ON NOVEMBER 13TH IF YOU APPROVE THIS TODAY.
IS THERE ANY COMMISSIONERS THAT HAVE A, A PROBLEM WITH NOVEMBER 20TH AND THE STAFF IS THERE? THE STAFF HAS HAVE ANY ISSUES? UH, WITH NOVEMBER 20TH? IT BEING THANKSGIVING WEEK? NO.
MERKEL WILL BE HERE, BUT I'LL BE OUT ON VACATION.
SO IT LOOKS LIKE, UH, YOU KNOW, IF WE, IF WE DO NOVEMBER 20TH, UH, WE WILL HAVE, UH, ONE
[01:40:01]
STAFF MEMBER WHO CAN'T MAKE IT.AND IF WE DO NOVEMBER 13TH, WE HAVE ONE COMMISSIONER WHO ABSOLUTELY CAN'T MAKE IT.
I'M LOOKING FOR ANY, WHATEVER Y'ALL THINK.
IS THERE ANY OTHER COMMENTARY? MOTION TO KEEP IT ON THE 20TH? OKAY.
WE HAVE A MOTION TO KEEP IT ON THE 20TH.
IS THERE A SECOND? I'LL SECOND.
ALL IN FAVOR TO NOT CHANGE THE SCHEDULE AND KEEP THE MEETING ON THE 20TH, SAY AYE.
SO THE MEETING WILL STAY ON THE 20TH.
I'M GLAD WE HAD THIS DISCUSSION.
UM, ALSO, DIDN'T WE HEAR THAT STAFF WAS BRINGING THANKSGIVING DINNER DINNER FOR? DIDN'T, DIDN'T Y'ALL GET A, I HEARD NO SUCH THING.
SO LET'S, RIGHT, SO
CAN YOU GO AHEAD AND PULL UP THE CALENDAR SO THEY COULD SEE IT? AND THIS IS THE CALENDAR THAT WE'VE CREATED BASED ON, UM, BEING SURE THAT WE AVOID THOSE MONDAYS WHERE THERE'S A HOLIDAY SO THAT WE DON'T HAVE ANY CONFLICTS.
AND MERKEL'S GONNA PULL IT UP IN JUST ONE SEC.
IT'LL BE ON THE, HERE'S THE FACT YOU CAN BRING IT UP ON THE, SO WITH THE PROPOSED CALENDAR, IS IT SIMILAR TO, TO THIS YEAR WHERE WE'RE KIND OF AVOIDING THOSE COMMON HOLIDAYS THAT HAVE BEEN POPPING UP ON MONDAYS AND THEN CORRECT.
UH, WE IDENTIFIED ALL THE CITY HOLIDAYS THAT ARE, UH, ON MONDAY.
OBVIOUSLY BOA IS THE FIRST MONDAY, BUT SOME OF THE FIRST MONDAYS ARE HOLIDAYS.
SO YOU KIND OF SEE THE REFLECTION THERE.
NO, THIS IS, I, I I LIKE THE VISUAL.
UM, AND WE'RE DOING TWO A MONTH SO THAT WAY WE, WE DON'T HAVE TO GET TOO, UH, OVERPACKED.
UM, ANY OTHER, ANY COMMENTS FROM THE COMMISSION? OKAY, SO YOU'RE SAYING FEBRUARY 19TH IS NOT A HOLIDAY.
THAT'S NORMALLY PRESIDENT'S DAY, UNLESS, UH, CITY DOESN'T GET IT.
THE CITY IS THAT ONE OF THE HOLIDAYS THAT THE CITY JUST DON'T GET.
IT'S A FEDERAL HAPPY FACE CITY'S FROWNY FACE.
SO THERE'S, IF EVERYTHING'S OKAY, I AM LOOKING FOR A MOTION FOR THE 2020 TO ADOPT THE 2024 PROPOSED CALENDAR.
I MOVE TO APPROVE THE 2024 CALENDAR AND I SECOND MOTION AND A SECOND BY COMMISSIONER CRUZ.
IT, UH, THE PROPOSED CALENDAR PASSES, UH, SO IT IS 2 42.
WE'RE GONNA TAKE AN 18 MINUTE BREAK TILL THREE O'CLOCK.
ALL RIGHT, IT'S THREE O'CLOCK.
UH, WE'RE GOING TO HAVE THE MEETING COME BACK TO ORDER.
UM, AT, SO WHAT THE TIME IS THREE O'CLOCK AND COMMISSIONER BONIS IS GONNA BE RECUSING AND STAFF, I UNDERSTAND.
THIS IS A REQUEST FOR A CONTINUOUS, IS THIS TILL THE SIXTH OR THE 20TH? THE 6TH OF NOVEMBER.
SO DO WE HAVE A COMMISSIONER WHO'D LIKE TO MAKE A MOTION TO CONTINUE TO THE 6TH OF NOVEMBER? I MOVE TO CONTINUE.
UM, DO I NEED TO GIVE THE, UH, BO OA TO, UH, LIST THE CA, UH, CASE NUMBER BOA DASH 23 DASH 3 2 7 3 UNTIL NOVEMBER 7TH? UH, NOVEMBER 6TH.
IS THERE A SECOND? SECOND, SECOND.
SECOND BY COMMISSIONER AMANDA.
ANY OPPOSED? HEARING NONE, UH, CASES CONTINUE TO THE SIXTH.
COMMISSIONER VENIA IS RETURNED TO THE MEETING.
ITEM NUMBER NINE IS BO OA DASH TWO THREE DASH 0 3 0 2 7 1.
ADDRESS IS 4 3 7 EAST MULBERRY AVENUE IN CITY COUNCIL.
UH, THE APPLICANT IS LINDA ESPINO AND THE REQUEST IS FOR A 16 FOOT VARIANCE FROM THE MINIMUM 25 FOOT CORNER, CLEAR VISION REQUIREMENT TO ALLOW FENCE TO HAVE A NINE FOOT CLEAR VISION AND TWO, A SIX FOOT VARIANCE FROM THE MINIMUM 15 FOOT DRIVEWAY.
CLEAR VISION REQUIREMENT TO ALLOW FENCE TO HAVE A NINE FOOT CLEAR VISION.
AND THE CURRENT ZONING IS R FOUR.
UH, THE SUBJECT PROPERTY IS LOCATED ALONG OR ON THE CORNER OF EAST MULBERRY AVENUE IN KINGS COURT.
UH, THE APPLICANT IS ANTICIPATING ON CONSTRUCTING A FIVE FOOT COMBINATION FENCE WITH THE FIRST THREE FEET SOLID SCREEN AND THE REMAINING TWO FEET PREDOMINANTLY OPEN TO REPLACE THE
[01:45:01]
EXISTING HEDGE.UM, ALTHOUGH THIS HEIGHT IS PERMITTED WITHIN THE FRONT YARD, THE LOCATION IN WHICH THE APPLICANT IS PLACING THE FENCE IS WITHIN THE CORNER AND DRIVEWAY CLEAR.
VISION FIELDS AT MINIMUM FENCES SHALL BE LOCATED 25 FEET FROM THE CORNER CURB AND 15 FEET FROM THE DRIVEWAY CURB.
UH, THE APPLICANT IS PROPOSING TO HAVE THE FENCE TO BE NINE FEET FROM THE CORNER AND DRIVEWAY HERBS.
AND THIS IS THE SITE PLAN AND THE SUBJECT PROPERTY.
AND THIS IS THE CORNER CLEAR VISION AREA.
AND THIS IS THE DRIVEWAY CLEAR VISION AREA AND THE SURROUNDING AREAS.
UH, STAFF RECOMMENDATION FOR THE CORNER AND DRIVEWAY CLEAR VISION VARIANCES STAFF RECOMMENDS AN APPROVAL IN BO OA DASH 23 DASH 0 3 0 0 2 71 BASED ON THE FOLLOWING.
UH, ONE TRAFFIC STOP SIGN REDUCES ANY LOSS OF SAFETY MITIGATION FROM THE REDUCED CORNER CLEAR VISION.
AND TWO, THE VARIANCES WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
AND THIS IS THE NOTIFICATION PLAN.
UH, STAFF MEMO OUT 25 NOTICES ONE RETURNED IN FAVOR, ZERO IN OPPOSITION.
AND THE MONTE VISTA, UH, HISTORICAL NEIGHBORHOOD ASSOCIATION IS IN FAVOR.
AND THIS IS THE RESPONSE LETTER FROM, UM, THE MONTE VISTA HISTORICAL ASSOCIATION.
AND THAT CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT.
IS THERE ANY COMMISSION QUESTIONS FOR STAFF? HEARING NONE, LET'S HEAR FROM THE APPLICANT.
OH, I HIT ANYTHING? HI, THANK YOU.
SO I'M, I'M TELLING READING YOU THE, WE'VE LIVED HERE SINCE, UH, ON THAT CORNER PROPERTY SINCE 1955.
CAN YOU, UH, UH, STATE YOUR NAME FOR THE RECORD, PLEASE? I'M SORRY.
SO WE'VE LIVED THERE SINCE 1955.
IN 1973 IT WAS TURNED INTO A HISTORICAL DISTRICT AND WE'VE TRIED TO OPERATE BY ALL THE RULES THAT ARE, THAT ARE THERE IN THE MONTE VISTA HISTORICAL DISTRICT.
UM, AND WE UNDERSTAND PROTECTING THE NEIGHBORHOOD AND THE VARIETY OF ARCHITECTURE WE HAVE.
YOU CAN SEE THE HOUSE, WE'VE DONE SOME OF THAT TOO.
UM, WE'VE HAD THE BAMBOO THERE FOR OVER 60 YEARS NOW, AND THE BAMBOO IS JUST DYING AND IT NEEDS TO COME OUT NOW.
IT'S, IT'S A STAND THAT'S BEEN THERE, IT'S BEEN THAT PRIVACY FENCE FOR ABOUT, IT'S ABOUT EIGHT FEET TALL.
WE'VE LOWERED IT FROM 10 DOWN TO EIGHT OVER THE YEARS AS IT STARTS TO DEGRADE.
BUT YOU CAN SEE IT'S ALL GETTING BROWN AT THE BOTTOM.
SO WE'D LIKE TO TAKE THAT OUT AND REPLACE IT.
WE'VE GOT THE BAMBOO CORNER BY THE FENCE THERE, YOU CAN SEE WHERE NO, THERE'S NO TROUBLE SEEING AROUND THE CORNER RIGHT THERE.
WE'VE, IT'S BEEN THERE FOR OVER 60 YEARS, RIGHT WHERE IT IS, AT THE EDGE OF THE, THE PROPERTY, THERE'S NO, UM, NEIGHBORING PROPERTIES WILL BE INFECT AFFECTED IN ANY WAY BECAUSE THERE'S VERY FEW NEIGHBORS.
AS YOU CAN SEE, THERE'S NO NEIGHBORS ON MY RIGHT.
AS YOU LOOK AT THE HOUSE, THAT'S TRINITY UNIVERSITY THERE.
AND THEN THE BIG CORNER, THE BIG INTERSECTION THERE, THERE'S NOBODY ACROSS FROM THERE EITHER.
AND THEN THAT'S MY SIDE, THAT'S ACROSS THE STREET OVER THERE.
SO THERE'S REALLY NO ONE ON EITHER SIDE OF THE, THE FENCE RIGHT NOW.
AND YOU CAN SEE THE STOP SIGN RIGHT THERE AS WELL.
UM, THE REQUEST WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION BECAUSE ONCE THE PERMIT IS GRANTED WITH THE EXCEPTIONS, THE FENCE IS, IS A DESIGN THAT'S APPROVED BY THE MONTHLY VISA HISTORICAL ASSOCIATION AS WELL.
AND THE FENCE ON THE BUSY CORNER PROPERTY WILL, IN NO WAY WE CAN, THE GENERAL PURPOSE OF THIS RESIDENTIAL DISTRICT, WE'RE ASKING FOR THE SPECIAL EXCEPTION REGARDING THE, UH, LOCATION WHILE WE COMMIT TO MAKING IT A MORE PLEASANT DRIVE FOR ALL THE EAST MULBERRY TRAFFIC COMING OFF OF 2 81.
I AM THE, THAT PARTICULAR PROPERTY, THERE'S THE FIRST, IT'S LIKE THE, IT'S THE FIRST MONTE VISTA HOUSE GOING INTO OUR DISTRICT.
IT'S LIKE THE FRONT LINES IN A WAY USED TO BE A FULL STREAK BEFORE THAT COMING OFF OF 2 81.
BUT, UH, THEY WERE REPLACED BY THE TRINITY SOCCER FIELD A NUMBER OF YEARS AGO.
ALRIGHT, UH, WELL WE'RE GONNA SEE IF YOU HAVE ANY QUESTIONS FOR YOU.
IS THERE ANY COMM QUESTIONS FOR THE APPLICANT? ALRIGHT, I HAVE A QUESTION.
UH, HOW HIGH OF A FENCE WERE YOU WANTING TO BUILD? IS IT A FIVE FOOT PREDOMINANTLY OPEN OR A, OR FIVE FOOT? I'D REQUEST BECAUSE WE'VE HAD THE EIGHT FOOT PRIVACY FENCE FOR ALL THESE YEARS AND IT'S WORKED FAIRLY WELL.
I'D LIKE TO PUT, I'D LIKE TO PUT AN EIGHT FOOT FENCE RIGHT.
BUT I KNOW THAT THAT'S REALLY OUTSIDE THE EXCEPTION.
SO I'D LIKE TO DO A FIVE FOOT, IF I COULD, THREE FEET OF IT WOULD BE PRIVACY AND THEN THE TWO FEET WOULD BE OPEN.
HOWEVER, THE, THE DESIRE IS OF THE MONTEVISTA PRIMARILY BECAUSE RIGHT THERE, THE, THE NEIGHBORHOOD CHANGED WHEN TRINITY UNIVERSITY IS RIGHT THERE NEXT TO MY PROPERTY NOW AND ALL ALONG THAT STREET KING'S COURT, THERE'S KIDS AND PEOPLE PARKING THERE ALL THE TIME.
IT'S, IT'S SOCCER FIELD, SOCCER GAMES.
[01:50:01]
IN AND OUT 24 7, MOSTLY OBVIOUSLY UNTIL MIDNIGHT, BUT UP UNTIL THEN.SO A PRIVACY FENCE FOR AT LEAST THE THREE FEET WOULD BE QUITE WELCOME.
IF YOU LOOK AT MY PLOT, IT'S AN ODD SHAPE OF A, OF A PLOT THERE.
I DON'T HAVE A BACKYARD AND SO THAT IS MY ONLY YARD AND I HAVE A DOG WOULD LIKE TO KEEP THE DOG, YOU KNOW, THAT KIND OF THING.
ANY OTHER QUESTIONS? ALL RIGHT.
HEARING NONE, UH, WE'RE GONNA SEE IF THERE'S ANY PUBLIC COMMENTARY STAFF, NO PUBLIC COMMENT.
ALRIGHT, SO THERE ANYTHING YOU WANT TO CLOSE OUT WITH BEFORE WE DELIBERATE? NOPE.
YOU KNOW IF I ASK FOR THAT, THAT'S ALL.
UH, IS THERE COMMISSIONER LIKE TO MAKE A MOTION? BRAMAN COMMISSIONER BRACKMAN REGARDING CASE NUMBER BO A DASH 23 DASH 0 3 0 0 2 71.
I MOVE THE BOARD OF ADJUSTMENT GRANT AND REQUEST FOR ONE A 16 FOOT VARIANCE FROM THE MINIMUM 25 FOOT CORNER CLEAR VISION REQUIREMENT TO ALLOW OFFENSE TO HAVE NINE FOOT CLEAR VISION AND TWO, A SIX FOOT VARIANCE FROM THE MINIMUM 15 FOOT DRIVEWAY.
CLEAR VARIANCE VISION REQUIREMENT TO ALLOW OFFENSE TO HAVE A NINE FOOT CLEAR VISION SITUATED AT 4 3 7 EAST MULBERRY AVENUE, APPLICANT BEING G LINDA ESPINO.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST TO OBSERVE THE SAFETY OF VEHICULAR TRAFFIC.
FOR THOSE TRAVELING ALONG EAST MULBERRY AVENUE KINGS COURT, THE VARIANCE TO THE CLEAR VISION STANDARDS APPEAR TO NOT BE CONTRARY TO THE PUBLIC INTEREST.
TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE SPECIAL CONDITION FOUND ON THE SUBJECT PROPERTY IS THE SHAPE OF THE LOT AND THE LOCATION OF THE PROPERTY WITHIN THE OVERALL BLOCK.
FACE ABIDING BY THE MINIMUM DISTANCES OF 25 FEET AND 15 FEET WOULD RESULT IN AN UNNECESSARY HARDSHIP AS THE SIZE OF THE FRONT YARD WOULD BE DRAMATICALLY 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 WILL BE OBSERVED AS NINE FEET FROM THE CORNER CURB AND DRIVEWAY APPROACH PROVIDES SUITABLE DISTANCES.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
IF GRANTED THE VARIANCE REQUEST WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES UPON SITE VISIT.
STAFF OBSERVED OTHER FENCES WITHIN THE CLEAR VISION FIELDS.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS SUPPLY TO THE OWNER OF THE PROPERTY WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS THE IRREGULAR SHAPE OF THE PROPERTY.
THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION.
SECOND BY COMMISSIONER KAPLAN.
I'LL BE IN SUPPORT OF THE MOTION.
UH, FOR THE VERY, ESPECIALLY BECAUSE OF THE SIZE AND THE SHAPE OF THE LOT, DON'T ALLOW FOR 25, UH, FOOT SETBACK OR, UM, CORNER, UH, CLEAR VISION.
SO I, I THINK THAT WHAT THE APPLICANT IS PROPOSED IS GONNA BE APPROPRIATE FOR THE NEIGHBORHOOD AND THE UH, NEIGHBORHOOD ASSOCIATION IS IN AGREEMENT WITH THAT.
ALRIGHT, COMMISSIONER KAPLAN AND, AND I TOO WILL BE SUPPORTING THIS MAINLY TOO BECAUSE AN EIGHT FOOT HIGH BUSH FENCE IS PROBABLY MORE, MORE INTRUSIVE THAN A FIVE FOOT SEMI-OPEN FENCE.
SO I THINK IT'LL BE PERFECTLY FINE.
IS THERE ANY OTHER COMMISSIONERS YOU'D LIKE TO ADD? HEARING NONE.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDING CON FACT.
I CONCUR WITH THE FINDINGS OF FACT.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
CONGRATULATIONS IF YOU HAVE ANY QUESTIONS.
I'LL BRING PICTURES BACK WHEN WE'RE DONE.
[01:55:05]
GOOD AFTERNOON.UM, NEXT, UH, ITEM IS BO O 8 23 1 0 3 0 0 2 7 2, LOCATED AT 1 0 8 DOWNEY STREET.
UH, DISTRICT FIVE REQUEST FOR A 10 FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW A 10 FOOT REAR SETBACK ZONED.
SUBJECT PROPERTY IS LOCATED ON DOWNEY STREET BETWEEN LONE STAR BOULEVARD AND ST.
FRANCIS AVENUE, LOCATED WITHIN THE ORIGINAL 36 SQUARE MILE OF CITY OF SAN ANTONIO.
A DEMOLITION WAS ISSUED, A PERMIT WAS ISSUED ON JULY 22.
UH, FOR THE DEMOLITION, THE APPLICANT IS REQUESTING A 27 32 SQUARE FOOT VARIANCE FOR THE MINIMUM 6,000 SQUARE FOOT.
UM, SO THAT WAS TAKEN OFF LAST WEEK BECAUSE THEY GOT ACOD APPROVED.
UM, THE APPLICANT'S REQUESTING A 10 FOOT VARIANCE FOR THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW A 10 FOOT REAR SETBACK.
THEIR POSTING FAMILY WILL MAINTAIN A 10 FOOT, UH, SETBACK IN THE REAR.
ALL OTHER SETBACK REQUIREMENTS WILL BE MET AND PROPERTY RECEIVED.
ACOD CONSTRUCTED A SINGLE FAMILY ON SEPTEMBER, 2023.
THIS IS THE SITE PLAN CURRENT, UH, PROPERTY AND SURROUNDING AREA.
STAFF RECOMMEND APPROVAL ON BOA 23 1 0 3 0 0 2 72 BASED ON THE FOLLOWING FINDINGS OF THE FACT THE VARIANCE WILL ALLOW THE DEVELOPMENT AND NEW SINGLE FAMILY RESIDENCE.
AND THE VARIANCE REQUEST DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT NOTIFICATION PLAN.
UM, 28 NOTICES MAILED OUT ZERO IN FAVOR OR OPPOSED AND NO RESPONSE FROM THE REGISTERED NEIGHBORHOOD ASSOCIATION AND THAT IS STAFF'S PRESENTATION.
ALL RIGHT, THANK YOU VERY MUCH.
UM, I HAVE A QUICK QUESTION FOR STAFF.
SO THIS ONE, THIS, THIS ONE HAS A VERY THIN STRIP OF LAND THAT EXTENDS ALL THE WAY FROM LONE STAR DOWN ABOUT FOUR OR FIVE LOTS.
UH, IS THERE ANYTHING Y'ALL FOUND OUT ABOUT THAT DURING YOUR RESEARCH? UM, AS FAR AS THE CONFIGURATION OF THE LOT, UH, THE THIN STRIP DIRECTLY BEHIND IT, UM, IT, IT'S, IT'S UH, I DON'T KNOW WHO'S THE, WHAT IS ASSOCIATED WITH, I GUESS IS WHAT I'M CURIOUS ABOUT.
'CAUSE IT'S SHOWING, UH, OH BCAT IS SHOWING THE OWNER TO BE THE AZTEC BUILDING CORPORATION AND I DIDN'T SEE THEIR NAME POP UP ON THE, UH, A BUDDING LOT.
SO I WAS JUST CURIOUS TO KNOW IF YOU HAD ANY IDEA WHAT THAT REPRESENTS OR WHAT IT'S FOR.
UH, IS THERE ANY COMMISSIONER QUESTIONS FOR STAFF? YEAH.
UH, THE UH, CASE SUMMARY SAYS THE APPLICANT IS REQUESTING A 27 32 SQUARE FOOT VARIANCE FROM THE MINIMUM LOT SIZE.
BUT THE DRAFT RESOLUTION DOES NOT MENTION THAT.
UH, WHEN THE PROCESS STARTED, UM, THEY DID NOT HAVE THEIR COD APPROVED YET.
UM, THEIR COD WAS APPROVED WHILE THIS PROCESS WAS GOING ON.
THAT'S WHY WE ORIGINALLY ADVERTISED FOR IT.
BUT ONCE THE COD WAS APPROVED, THEY DID NOT NEED THAT VARIANCE ANYMORE.
ANY OTHER QUESTIONS? ALL RIGHT.
HEARING NUN'S HERE FROM THE APPLICANT IS THE, UH, IS THE APPLICANT HERE? UM, HE WAS 1 0 8.
ALRIGHT, SO WITH THAT, WE WILL TABLE THIS ITEM, UH, AND COME BACK TO IT, UM, AND WE'LL HEAR THE NEXT ITEM AT THIS TIME.
ALL RIGHT, GO AHEAD AND, UH, PUT THE, UH, SLIDE UP.
ITEM NUMBER 11 IS LOCATED AT 54 22 IH 10 WEST COUNCIL DISTRICT ONE, APPLICANT B KEVIN GRIFFIN, A FAIR AMOUNT.
WE REQUEST FOR A FIVE FOOT VARIANCE FROM THE MINIMUM 15 FOOT LANDSCAPE BUFFER TO ALLOW A 10 FOOT LANDSCAPE BUFFER AND A 20 FOOT VARIANCE FROM THE MAXIMUM 25, UH, 25 FOOT HIGH LIMITATION TO ALLOW A 45 FOOT STRUCTURE ZONE, C ONE AND O TWO.
UH, SUBJECT PROPERTY IS LOCATED, UH, ALONG IH 10 WEST, UM, AND WEST WALL WOOD JUST WEST OF THE, JUST WEST OF IH 10.
UH, THE APPLICANT IS REQUESTING A FIVE FOOT BUFFER ON THE WESTERN PROPERTY LINE, UM, AND A BUILDING HEIGHT PER THE UDC.
THE MAXIMUM BUILDING HEIGHT FOR COMMERCIAL
[02:00:01]
ZONED PROPERTY IS 25 FEET, AND THE APPLICANT IS REQUESTING IT TO BE 45 FEET.THIS REQUEST, UH, WAS APPROVED BY THE BOARD OF ADJUSTMENT IN 2018, PASSING AT 11 ZERO ALLY PROPERTY.
OWNER WAS IN THE PROCESS OF REZONING 18 0 2 18 0 6 WEST WILDWOOD, UH, WHICH IS JUST SOUTH OF THIS PROPERTY, UH, FOR A NON-CONFORMING PARKING LOT.
A STAFF RECOMMENDED DENIAL ZONING COMMISSION RECOMMENDED APPROVAL ON OCTOBER 3RD, AND THEY REQUESTED SCHEDULED FOR THE NOVEMBER 2ND CITY COUNCIL DATE.
THIS IS THE SITE PLAN AND SUBJECT PROPERTY STAFF RECOMMENDS APPROVAL AND BO OA 23 DASH 1 0 3 0 0 2 7 4.
BASED ON THE FOLLOWING FINDINGS OF THE FACTS, THE APPLICANT WILL NOT HAVE SUFFICIENT BUILDING HEIGHT FOR PROPOSED USE INTENDED, AND THE REQUEST WILL NOT BE OUTTA CHARACTER WITH THE SURROUNDING LAND USE AND ZONING DISTRICTS.
UM, THIS WAS NOT UPDATED, UM, ZERO OPPOSED AND NO RESPONSE FROM THE LOS ANGELES HEIGHTS NEIGHBORHOOD ASSOCIATION, AND THAT IS STATUS PRESENTATION.
SO WE PREVIOUSLY APPROVED 45 FEET, CORRECT.
AND THE YEAR WENT BY AND THAT'S WHEN IT NO, THEY DID NOT APPLY FOR ANY, UH, VARI OR PERMITS, AND THE ZONING DOESN'T COUNT.
THE APPLICATION FOR A ZONING CHANGE WOULDN'T COUNT.
SO THAT'S, THAT'S A NEIGHBORING PROPERTY, UM, ACROSS THE STREET, BUT IT IS THE SAME PROPERTY OWNER.
UM, AND IT'S GONNA BE RELATED TO THIS USE.
UH, LET'S HEAR FROM THE APPLICANT, PLEASE.
UH, MY NAME IS ROB KILL, AND I'M AN ATTORNEY TO THE LAW FIRM OF KILLING GRIFFIN IN FAIRMONT.
OUR ADDRESS IS 1 0 1 0 1, UH, REUNION PLACE, UH, HERE ON BEHALF OF THE PROPERTY UNDER JESSE ALDA.
UH, I PLAN ON KEEPING OUR REMARKS BRIEF, BUT YOU'RE WAY AHEAD OF SCHEDULE, SO I, I FEEL LIKE I CAN TAKE A LITTLE BIT MORE TIME, BUT, UH, I WON'T ABUSE THE PRIVILEGE OF, OF STAYING BEFORE YOU.
I APPRECIATE YOU TAKING TIME, UH, TO HEAR OUR REQUEST.
OUR CLIENT, JESSE ALDA AND JESSE IS HERE.
JESSE HAS A LAW PRACTICE RIGHT NOW.
HE WANTS TO BE ON I 10, YOU KNOW, ALL THE LAWYERS, UH, AT WEST AND, AND I 10 ALL ALONG THAT CORRIDOR.
IT'S A GREAT ACCESSIBILITY AND EXPOSURE FOR, UH, YOUR CLIENTS.
SO IT'S A, IT'S A GREAT LOCATION.
HE'S OWNED THIS PROPERTY, UH, FOR A WHILE NOW.
HE CAME BEFORE YOU FIVE YEARS AGO, GOT, UH, THE VARIANCE APPROVED, BUT DIDN'T ACT ON IT, UH, QUICKLY ENOUGH.
AND SO WE'RE HERE REALLY TO DO SOMETHING THEY HAVEN'T DONE BEFORE, WHICH IS JUST TO REAUTHORIZE AN EXISTING VARIANCE.
WE'RE NOT ASKING FOR ANYTHING NEW OR ANYTHING SPECIAL.
SO JESSE WANTS TO BUILD HIS LAW OFFICE ON THIS SMALL KIND OF ODDLY SHAPED PIECE OF PROPERTY.
I'LL SHOW IT TO YOU IN JUST A FEW MINUTES.
AND THE REASON IT'S ODDLY SHAPED IS BECAUSE I 10 JUST KIND OF CUTS ACROSS AT AN ANGLE.
I'VE GOT SOME PICTURES, UH, SHOWING YOU THAT, BUT, UH, REALLY APPRECIATE, UH, YOUR TIME, YOUR CONSIDERATION.
I ALSO WANNA THANK STAFF FOR THEIR REPORT, THEIR REVIEW AND THEIR RECOMMENDATION.
UH, WENT TO ZONING COMMISSION ABOUT THREE WEEKS AGO FOR THE ASSOCIATED, UH, PARKING LOT ZONING CASE.
UH, THEY UNANIMOUSLY APPROVED IT.
UH, WE'VE BEEN WORKING WITH COUNCILMAN
THEY'VE BEEN SUPPORTIVE, BUT MOST OF ALL, I WANNA THANK THE NEIGHBORHOOD AND THE, THE RESIDENTS WHO HAVE BEEN SUPPORTIVE ON THIS, AND I'LL TALK ABOUT THAT IN JUST A SECOND.
BUT WITH THAT, I'M GONNA GO AHEAD AND START MY VERY BRIEF PRESENTATION.
IT IS RIGHT HERE IN THE, UH, THERE WE GO.
IT IS VERY FAINT, BUT IT'S, UH, RIGHT THERE IN THE CENTER OF THE SCREEN.
YOU SEE WEST AVENUE TO THE LEFT THERE, THANK YOU TO THE LEFT OF THE SCREEN.
AND THEN YOU'VE GOT THE I 10 ACCESS ROAD JUST ABOVE THAT.
IT'S THIS ODDLY SHAPED KIND OF TRIANGLE.
YOU SEE THAT POLE RIGHT THERE THAT CAN'T BE MOVED, I 10 ACCESS ROAD THERE.
AND IT'S, IT'S ROUGHLY A TRIANGLE.
UH, HERE'S WHAT JESSE WANTS TO BUILD.
AGAIN, THIS IS WHAT YOU ALL SAW FIVE YEARS AGO.
ON THE RIGHT IS A FIRST FLOOR SITE PLAN.
UH, WE'LL SHOW THAT TO YOU IN MORE DETAIL.
BY THE WAY, OUR ARCHITECT, MARK NEVILLE, WITH VILLA PARK IS HERE.
HE DESIGNED THAT BUILDING AND YOU'VE GOT A ROUGHLY TRIANGULAR PIECE OF PROPERTY AND A ROUGHLY TRIANGULAR BUILDING.
SO, UH, HE'S BEEN VERY CREATIVE IN DESIGNING THIS THING.
UH, AGAIN, STAFF TALKED ABOUT THIS.
WE'VE GOT A 15 FOOT WIDE BUFFER.
WE HAVE A SIDE SETBACK OF 10 FEET, BUT THE 15 FOOT WIDE BUFFER.
SO WE'RE JUST BASICALLY MAKING THE BUFFER MATCH UP WITH THE SIDE SETBACK, AND THEN A 20 FOOT VARIANCE FROM THE MAXIMUM HEIGHT RESTRICTION.
NORMALLY, YOU DON'T NORMALLY SEE THIS IF YOU'VE GOT A LARGE ENOUGH PIECE OF PROPERTY, BECAUSE YOU KNOW, THE RULE IS IF YOU STEP BACK ONE FOOT, YOU CAN GO UP TWO FEET.
SO IF WE COULD PULL BACK AN ADDITIONAL 10 FEET, WE COULD GET THAT 20 FEET.
[02:05:01]
BECAUSE THIS PROPERTY IS SO SMALL AND SO ODDLY SHAPE, WE CAN'T EVEN PUSH IT BACK THAT ADDITIONAL 10 FEET TO GET THAT ADDITIONAL HEIGHT.UH, THIS IS, UH, JUST A LETTER FROM THE CASE THAT Y'ALL APPROVED BACK IN 2018.
NOW, THE RULE IS YOU'VE GOT BASICALLY THREE YEARS TO ACT ON THAT VARIANCE.
YOU GET 12 MONTHS AND YOU COME BACK AND ASK FOR TWO 12 MONTH EXTENSIONS.
AT THE TIME, JESSE ASKED FOR THIS, HE WASN'T READY TO DO IT, BUT WE'RE READY TO PULL THE TRIGGER ON THIS.
UH, MARK'S BEEN IN MEETINGS WITH STAFF.
WE'VE ALREADY HAD PRELIMINARY PLAN REVIEW WITH CITY STAFF, AND SO WE'RE READY TO START CONSTRUCTION.
BUT FOR, UH, THIS PENDING REAUTHORIZATION OF THE VARIANCE, AGAIN, UH, 15 FOOT WIDE BUFFER, ASKING FOR A FIVE FOOT VARIANCE TO TAKE IT DOWN TO 10 FEET JUST TO MATCH UP WITH A SIDE SETBACK.
AND THEN THE, THE HEIGHT VARIANCE TO GET US TO A TWO STORY BUILDING.
HERE'S A COUPLE OTHER VIEWS OF THE PROPERTY, UH, SOME VIEWS OF THE VARIOUS ELEVATIONS.
AND THEN HERE'S THE FIRST FLOOR SITE PLAN.
AGAIN, THIS IS NOT A BIG BUILDING.
YOU'VE BROUGHT ROOM FOR SOME LAWYERS AND PARALEGALS, UH, CONFERENCE ROOM, UH, LOBBY, KINDA THE BASIC THINGS YOU SEE ON THERE.
YOU CAN SEE WE ONLY HAVE SPACE FOR TWO PARKING SPOTS.
THE OTHER PARKING SPACES ARE GOING TO BE ACROSS THE STREET, DIRECTLY ACROSS WILDWOOD, AND YOU'LL SEE THAT IN JUST A PICTURE IN JUST A FEW MINUTES.
UH, BUT WE WENT TO ZONING COMMISSION A FEW WEEKS AGO, UNANIMOUS APPROVAL.
UH, NO OPPOSITION FROM ANY OF THE NEIGHBORS.
IN FACT, UH, WHAT JESSE DID WAS WHEN WE STARTED THE ZONING CASE IS HE WENT DOOR TO DOOR, UP AND DOWN.
WILDWOOD KNOCKED ON DOORS AND GOT FOLKS TO SIGN A PETITION AND SUPPORT.
YOU SAID, LOOK, I'M BUILDING A LAW OFFICE.
I NEED THE PARKING, NEED YOUR SUPPORT.
AND, UH, I GOT A LOT OF FOLKS WHO SIGNED UP IN SUPPORT.
UH, WE ALSO HAD A COUPLE OF NEIGHBORS WHO WERE AT ZONING COMMISSION, UH, TO SHOW THEIR SUPPORT AS WELL.
SO THE, THE PROPERTY IN THE FRONT WHERE YOU CAN SEE THE POLE, THAT'S FOR THE LAW OFFICE WILL GO.
AND THEN ACROSS THE STREET YOU SEE THAT EMPTY LOT, THAT'S WHERE THE PARKING WILL GO.
AND THEN, UH, THAT BLUE HOUSE RIGHT NEXT DOOR, THAT'S THE, UH, ONLY ADJACENT NEIGHBOR, AND SHE IS IN SUPPORT.
I'LL SHOW YOU A LETTER FROM HER IN JUST A SECOND.
UH, WE ALSO HAVE, SORRY, I FORGOT TO TURN THIS IN.
THIS IS HER WRITTEN OFFICIAL NOTICE, BUT WE'VE GOT HER LETTER, A COUPLE OTHER VIEWS OF THE PROPERTY.
I THINK YOU ALL KNOW THE THAT'S OKAY.
UM, OBVIOUSLY STAFF HAS COVERED THIS IN THE REPORT, AND YOU FOUND THIS WHEN YOU PROVE THIS FIVE YEARS AGO, BUT I'LL GO THROUGH QUICKLY.
UH, WE'RE NOT CONTRARY TO PUBLIC INTEREST.
THIS IS A COMMERCIAL CORRIDOR.
UH, THIS IS, UH, IN FACT IT HAS BEEN ZONED FOR OFFICE USE SINCE THE 1970S.
PROPOSED USE IS AN OFFICE USE.
UH, YOU CAN SEE ALL THE, THE PATTERN DEVELOPMENT ALONG THERE.
THIS IS, UH, THE LETTER FROM, UH, MARIA RODRIGUEZ, AND I BELIEVE SHE MAY HAVE LEFT A VOICEMAIL.
DID SHE LEAVE A VOICEMAIL? UH, WE HAVE THREE VOICEMAILS.
I THINK THEY'RE ALL IN SUPPORT.
I HOPE THEY'RE ALL IN SUPPORT.
UH, BUT I THINK MARIA'S IS ONE OF THOSE.
UH, JUST SAYING THAT SHE ACKNOWLEDGES THAT, UH, SHE KNOWS IT'S GONNA BE A 10 FOOT SETBACK.
UH, LITTLE ENFORCEMENT CAUSED AN HARDSHIP.
AGAIN, WE'VE GOT AN ODDLY SHAPED PIECE OF PROPERTY THAT WOULD BE, IS, HAS BEEN UNDEVELOPABLE, BUT FOR THIS VARIANCE.
THERE'S THE SITE PLAN SUPERIMPOSED ON THE AERIAL.
SHOW IT TO YOU FROM A LITTLE BIT DIFFERENT ANGLE SO YOU CAN SEE WHAT IT WOULD LOOK LIKE, UH, LAID OUT ON THE PROPERTY WITH THE VARIANCE.
AND AGAIN, THE PARKING IS GONNA GO TO THE, THIS CASE TO THE LEFT OR TO THE SOUTH OF THE PROPERTY, UH, PER THE ORDINANCE BE OBSERVED, SUBSTANTIAL JUSTICE BE DONE.
UH, YEAH, THERE'S, THERE'S NOTHING INCONSISTENT WITH UDC AND WHAT WE'RE ASKING FOR HERE.
UM, IT'S ZONED CORRECTLY AS, AS WE ALREADY NOTED.
AND THEN, UM, IMPACT THE ADJACENT PROPERTY OWNER.
AND AGAIN, UH, MS. RODRIGUEZ IS IN SUPPORT AND THAT IS HER PROPERTY AGAIN, UH, IN THAT BLUE HOUSE.
I'VE GOT WAY TOO MANY PICTURES AND UNIQUE CIRCUMSTANCES.
I THINK THIS IS WHAT WE SPEND MOST OF OUR TIME IN VARIANCE CASES TALKING ABOUT ARE THE UNIQUE CIRCUMSTANCES.
AND WHAT IS UNIQUE ABOUT THIS, AND I ALREADY MENTIONED THIS, AND THAT IS THE I 10, THE LOCATION OF I 10 RELATION TO THE PROPERTY.
SO THIS IS PART OF THE LOS ANGELES HEIGHTS, UH, SUBDIVISION.
THIS WAS PLOTTED BACK IN 1910.
AND YOU CAN SEE AS I THINK MOST OF YOU KNOW, THE ORIGINAL LAYOUT FOR SAN ANTONIO WAS A SIX MILE BY SIX MILE BOX, THREE SIX SQUARE MILES.
AND YOU CAN SEE THAT MOST OF LOS ANGELES HEIGHTS, INCLUDING THIS PROPERTY, WAS OUTSIDE THE ORIGINAL CITY LIMIT LINE, JUST NORTH OF THE ORIGINAL CITY.
LIMIT LINE WASN'T AN NEXT UNTIL, UH, 1940 CAME INTO THE CITY.
THIS LOOKS LIKE NOTHING LIKE THAT TODAY.
YOU CAN SEE OUR PROPERTY, UH, RIGHT THERE IN THE CENTER OF THE STAR.
AND THEN ON THE UPPER LEFT HAND CORNER, YOU SEE
[02:10:01]
THAT REFERENCE POINT.SO IN 1956, PRESIDENT EISENHOWER SIGNED THE NATIONAL HIGHWAY ACT AND SAID, LET'S BUILD THIS BIG NETWORK FOR NATIONAL DEFENSE AND FOR PEOPLE TO GET AROUND.
WE ALL USE IT EVERY DAY, BUT UNFORTUNATELY, WHEN WE BUILT I 10, IT CUT RIGHT THROUGH THE MIDDLE OF NEIGHBORHOODS.
IT DESTROYED HOMES, DESTROYED NEIGHBORHOODS, AND EVEN THE PROPERTIES THAT WERE LEFT ARE LIKE OUR CLIENT'S PROPERTY WERE JUST REALLY CHUNKS SLICED OFF OF IT.
SO AS IMPORTANT AS I 10 WAS, UH, ENDED UP WITH THESE LITTLE NUBS OF PROPERTIES.
SO YOU CAN SEE THE, THE 1955 TO 1963, AGAIN, THE SAME REFERENCE POINT, UPPER LEFT HAND CORNER.
AND THEN, UH, WHAT IT LOOKS LIKE TODAY, THAT REFERENCE POINT IS NOW THE, UH, THE DIVE ROLLED.
UH, AND I LIKE THIS SLIDE JUST KINDA SHOWS YOU THAT EVOLUTION OF THE CHARACTER GOING FROM REALLY A, A NEIGHBORHOOD DIET, 10 COMING IN INTO REALLY WHAT BECOME HAS BECOME AND IS TODAY AND WILL BE A COMMERCIAL CORRIDOR.
AGAIN, JUST A COUPLE MORE VIEWS OF THE PROPERTY WITH THAT.
UM, JUST REALLY ASKING YOU TO REAUTHORIZE WHAT YOU DID FIVE YEARS AGO.
HAPPY TO ANSWER ANY QUESTIONS.
ARCHITECT IS HERE TO ANSWER ANY QUESTIONS Y'ALL MIGHT HAVE.
BUT, UH, REALLY APPRECIATE YOUR TIME TODAY.
UH, SO I HAVE A, UH, I'LL JUST START OFF WITH A COUPLE QUESTIONS.
SO I NOTICED ON THE SITE PLAN TO THE LEFT, UH, WHERE THE, UH, VARIANCE FROM THE BUFFER IS, UH, IS THERE, IS THERE SOME, UM, OBJECTS OR IS THAT JUST FENCING AND DOORS THAT'S, THAT'S NEXT TO THE BUILDING IN THAT LOWER LEFT CORNERS.
LET'S GO BACK TO THAT SITE PLAN.
I SHOULD HAVE ADDED AN EXTRA SLIDE AT THE END WITH THE SITE PLAN, JUST IN CASE YOU'RE GONNA ASK THAT QUESTION LIKE THAT.
SEE YOU LIKE ALL THE PICTURES UNTIL WE HAVE TO GO BACK.
SO BOTTOM LEFT HAND CORNER OF THE BUILDING, UH, THERE, IT LOOKS LIKE IT'S A SET OF DOUBLE DOORS, AND THEN THERE'S A DOOR THAT GOES TO THE, TO THE SIDE, UH, OF THE, OF THE STRUCTURE WHERE THE 10 FOOT BUFFER'S GONNA BE.
IS THAT JUST FENCING OR IS THERE ANY, UM, YEAH, MARK, THAT'S, THAT'S, YEAH.
SAY YOUR NAME, GIVE YOUR ADDRESS, AND FORMALLY ON THE RECORD.
MARK NEVILLE, VILLA PARK ARCHITECTS.
UH, I'M AN ARCHITECT, UH, IN THE STATE OF TEXAS.
UH, DID YOU GET ALL THAT? THANK YOU VERY MUCH.
RIGHT, SO DONALD, THAT WAS A PROPOSED, UH, UH, TRASH ENCLOSURE.
UH, IT'D BE COMPLIMENTARY TO THE ADJACENT FENCE, UH, OKAY.
SO, UH, AGAIN, BASED UPON THE LIMITED AREA AND TRUCK ACCESS.
SO IT'S JUST GONNA BE SMALL, UH, DUMPSTERS SIMILAR TO WHAT THE RESIDENCE IS USE CURRENTLY.
AND THEN, UH, THE OTHER QUESTION I HAD WAS, SO YOU GO INTO 45 FEET, BUT YOU'RE DOING TWO STORIES, CORRECT? UH, YES, THAT'S CORRECT.
AND STAFF COULD IS THE, THE, ONE OF THE ISSUES THAT MIGHT COME UP IS 45 FEET MAY SEEM KIND OF TALL, BUT LIMITING IT TO TWO STORIES, UH, IS SOMETHING THAT IS IMPORTANT TO ME.
IS THERE A WAY TO SNEAK THAT IN, UH, WHEN A MOTION IS READ, JUST TO MAKE SURE WE'RE NOT EXCEEDING TWO STORIES? YOU CAN SAY THAT IN A MOTION.
WELL, I DON'T HAVE ANY OTHER QUESTIONS FOR, FOR THE ARCHITECT.
UM, UM, O ZUNA, COMMISSIONER ZUNA, UH, JUST IN REGARDS TO PARKING, WHAT KIND OF PARKING RATIO I SEE YOU'RE BUILDING THE ADDITIONAL SPACES WE'RE AT, UH, WE'RE GONNA BE AT ONE TO ONE TO 300.
THAT'S EXCEED THE MINIMUM REQUIRED.
UH, INCLUDING THE PARKING ADJACENT TO, UH, THE BUILDING, THE TWO SPACES? YES, SIR.
AND THEY ONLY NEED ONE HANDICAP SPACE FOR, THEY'RE PUTTING IN TWO, SO THAT IS CORRECT.
UM, I UNDERSTAND THAT WE HAVE THREE VOICEMAILS.
LET'S, LET'S HEAR THOSE PLEASE.
I'M CALLING ON CASE NUMBER 2 7 4.
MY ADDRESS IS 1811 WEST WILDWOOD DRIVE, SEVEN EIGHT TWO ZERO ONE.
UM, MY PHONE NUMBER IS (210) 725-6104.
CONCERNING MR. VEDA, HE WILL BE OUR NEIGHBOR.
WE DON'T HAVE ANY ISSUES WITH HIM.
AND WE HAVE, HE HAS OUR ABSOLUTE SUPPORT, SO WE WON'T BE THERE BECAUSE WE'LL BE OUT OF TOWN.
SHE, AND AGAIN, HE HAS THAT FULL SUPPORT.
YOU HAVE MY PHONE NUMBER, YOU CAN CALL ME.
I'LL BE ON THE ROAD, BUT I WILL STILL ANSWER THE PHONE.
[02:15:02]
AND NOW HERE IS MY WIFE.HELLO, MY NAME IS MARIA RODRIGUEZ.
I'M ALSO THE NEIGHBOR AT 1811 WEST WILDWOOD.
AND WE ARE CALLING BECAUSE WE ARE IN FULL SUPPORT OF WHAT MR. VELA NEEDS TO DO NEXT DOOR TO US.
WE ARE NOT IN ANY WAY AGAINST WHAT HE'S DOING.
CALL US IF YOU NEED MORE INFORMATION, YOU CAN CALL US A, UM, THE NUMBER THAT MY HUSBAND GAVE, THE TWO TEN SEVEN TWO FIVE SIX ONE ZERO FOUR NUMBER.
HI, MY NAME IS, UH, NICK RODRIGUEZ.
MY ADDRESS IS 1811 WEST WILDWOOD, SAN ANTONIO, TEXAS 7 8 2 0 1.
MY NUMBER IS 2 1 0 5 4 4 2 3 5 4.
AND I AM CALLING IN REGARDS TO MY NEIGHBOR'S PLANS FOR THE NEIGHBORHOOD.
UH, CASE NUMBER IS BA 2 3 1 0 3 0 0 2 7 4.
AND I AM CALLING TO, UH, GIVE MY SUPPORT AND GIVE HIS EXPANDING BUSINESS.
UH, IF Y'ALL HAVE ANY QUESTIONS, UH, PLEASE GIVE US A CALL.
I LIVE ON 1811 WEST WILDWOOD DRIVE, SAN ANTONIO, TEXAS 7 8 2 0 1.
AND I AM CALLING ON CASE NUMBER, UM, 2 3 1 0 3 0 0 2 7 4.
WE ARE CALLING TO LET YOU KNOW THAT WE ARE 100% MR. JEFF
UM, IS THERE, HAVE ANY FOLLOWS REQUESTS, PLEASE FEEL FREE TO CALL ME.
TWO TEN FIVE FOUR EIGHT ONE SEVEN SEVEN FIVE.
MY, IS THAT IT? THAT'S ALL THE ABOVE COMMENT.
AND THEY WERE ALL FROM 1811 WEST.
SO IF, UH, WITH THAT, IS THERE ANY, UH, FURTHER QUESTIONS FROM THE COMMISSION FOR THE APPLICANT? ALL RIGHT.
HEARING NONE, I'M LOOKING FOR A MOTION ON THIS AND PLEASE WITH THE TWO STORY LIMIT.
REGARDING CASE NUMBER BO EIGHT DASH 23 DASH 0 3 0 0 2 74, I MOVE TO THE BOARD OF ADJUSTMENT GRANT AND REQUEST FOR ONE, A FIVE FOOT VARIANCE FROM THE MINIMUM 15 FOOT LANDSCAPE BUFFER TO ALLOW A 10 FOOT LANDSCAPE BUFFER AND TWO, A 20 FOOT VARIANCE FROM A MAXIMUM 25 FOOT HEIGHT LIMITATION TO ALLOW A 45 FOOT STRUCTURE LIMITED TO TWO STORIES AS PER SUBMITTALS OF THE SITE PLANS, UH, UH, REVIEWED BY THIS, UH, UH, COMMISSION SITUATED AT 5 4 2 2 IH 10 WEST, APPLICANT BEING, UH, KILLING GRIFFIN AND FAIRMONT BECAUSE THE TESTIMONY PRESENTED TO US THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC HAS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIPS.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE REDUCED BUFFER WILL BE LOCATED ALONG THE WESTERN PROPERTY LINE AND WILL LEAVE ENOUGH ROOM BETWEEN PROPERTIES TO REDUCE NOISE AND THEREFORE IT'S NOT CONTRARY TO PUBLIC INTEREST.
ADDITIONALLY, THE MAXIMUM HEIGHT ALLOWANCE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST.
IT IS LOCATED AT THE END OF THE CROSS STREET AND ABUTS AN INTERSTATE ON TWO SIDES, UH, WHICH WOULD ALSO PROBABLY PROVIDE A SOUND BARRIER TO THE NEIGHBORHOOD.
TWO, DUE TO THE SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE FULL LANDSCAPE BUFFER AND THE REDUCED BUILDING HEIGHTS WOULD REDUCE THE AMOUNT OF SPACE THE APPLICANT CAN BUILD ON THE PROPERTY.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE REDUCED LANDSCAPE BUFFER WILL OBSERVE THE SPIRIT OF THE ORDINANCE AS THERE WILL BE, UH, THERE, THERE WILL STILL BE LANDSCAPE BUFFER LOCATED ALONG THE WESTERN PROPERTY LINE.
THE MAXIMUM BUILDING HEIGHT LIMITATION WILL OBSERVE THE SPIRIT OF THE ORDINANCE AS THIS WILL ALLOW FOR THE DEVELOPMENT OF THE LOT FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED.
NO USES OF THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THE PROPERTY IS LOCATED.
THE REDUCED LANDSCAPE BUFFER AND ADDITIONAL BUILDING HEIGHT WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES.
SIX, APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL, NOT DUE TO OTHER RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF LINES APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SOUGHT IS DUE TO THE UNIQUE
[02:20:01]
CIRCUMSTANCES EXISTING ON THE PROPERTY.THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION.
SECOND BY COMMISSIONER BRACKMAN.
COMMISSIONER UNA? YEAH, I'M SUPPORTING, UH, THE VARIANCES READ.
SO WE'RE LIMITING TO, TO, UH, TWO STORIES AND THE 45 FOOT HEIGHT LIMITATION.
AND THE, THE BUFFER, UH, THE LANDSCAPE BUFFER REDUCTION ALSO ALLOWS FOR, YOU KNOW, THE, UM, THE IMPROVEMENTS TO BE FIT TO BE SITUATED OF VERY TIGHT SITE.
THE MOST IMPACTED NEIGHBOR PROVIDED, UM, ROBUST TESTIMONY TO US, UH, THAT THEY'RE IN FULL SUPPORT OF THE PROJECT'S PROPOSED.
AND THE PARKING, UH, WOULD BE MORE THAN ADEQUATE TO, UH, TO PROVIDE FOR OFFSITE PARKING ON ONSITE PARKING, UM, FOR THIS PROJECT.
SO I SUPPORT COMMISSIONER BRAGMAN.
UH, IN ADDITION, IT'S NICE TO SEE THAT THERE'S SO MUCH SUPPORT FROM THE NEIGHBORS THROUGHOUT THE NEIGHBORHOOD, NOT JUST IN 1811.
UM, BUT, UM, ALSO THE FACT THAT I THINK IT'S GONNA HELP MITIGATE SOUND, UM, FOR THAT HOUSE AS WELL.
SO I'LL BE IN SUPPORT OF THE MOTION.
ANY OTHER COMMISSIONERS LIKE TO ADD TO THE, UH, DISCUSSION? MADA, COMMISSIONER CRUZ.
OH, I'M SORRY, COMMISSIONER MADA.
SO THE CIRCLE PHOTOS WERE FASCINATING AND I, I WOULD DISAGREE WITH MY COLLEAGUE THAT THE MOST IMPACTED NEIGHBOR WASN'T NECESSARILY THE NEIGHBOR NEXT TO HIM, BUT ACROSS THE STREET WHO, WHOSE HOUSE GOT ROLLED OVER FROM I 10 AND THEY LEFT HIS FRONT YARD.
SO, UM, BUT YEAH, SO I, I'M IN COMPLETE AGREEMENT,
IS THERE ANYONE ELSE? UH, I'D JUST LIKE TO ADD THAT I, I WAS ON THE BOARD WHEN THIS PASSED BEFORE I WAS IN FAVOR OF IT THEN, AND I'LL BE IN FAVOR OF IT TODAY.
MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
AND IF YOU HAVE ANY QUESTIONS, YOU KNOW, DO TO TALK TO, THANK YOU ALL VERY MUCH.
WE HAVE THE APPLICANT FOR, UH, NUMBER 10 HERE NOW.
UH, SO IF YOU, IF THE APPLICANT CAN PLEASE APPROACH THE PODIUM.
UH, WE'VE ALREADY HEARD THE PRESENTATION AND WE'RE READY.
YEAH, WE HEARD A PRESENTATION ALREADY.
UM, AND SO WE'D LIKE TO, WE'RE READY TO HEAR FROM YOU ABOUT YOUR CASE.
WELL, ORIGINALLY WE PURCHASED THE PROPERTY AND WE WERE GONNA PUT, UH, OH, I'M SORRY.
YOU HAVE TO STATE YOUR NAME, PLEASE.
OH, MY NAME IS DAN SITTER LEE.
AND ORIGINALLY WE'RE GONNA JUST REMODEL THE EXISTING STRUCTURE THAT WAS THERE, BUT AFTER WE GOT INTO IT AND SO FORTH, FOUND OUT THAT IT JUST WASN'T IN ANY CONDITION.
YOU KNOW, THERE WAS A LOT OF TERMITE DAMAGE AND STRUCTURALLY WASN'T SOUND.
OUR ENGINEER SAID IT, IT'S A TEAR DOWN.
SO WE DEMOED IT AND THEN, UH, DECIDED TO, YOU KNOW, PUT A NICE HOUSE AND SO FORTH ON THERE, BUT WE WERE REQUESTING THAT THE PROPERTY, YOU KNOW, THAT THE BACK SET BACK INSTEAD OF BEING 20 COULD GO BACK TO 10 SO THAT IT, IT WOULD ACCOMMODATE THE DESIGN THAT WE WANNA PUT ON THERE.
UM, SO LET ME JUST START OFF WITH A QUICK QUESTION.
SO IT LOOKS LIKE, UM, HOVANA OWNS A, A NUMBER OF LOTS YEAH.
WHAT IS, UH, DO YOU KNOW ANYTHING ABOUT THAT VERY THIN STRIP OF PROPERTY THAT'S DIRECTLY BEHIND YOU? WE WONDERED.
YOU KNOW, THE, THE WAY IT CURRENTLY, YOU KNOW, IS HOW WE BOUGHT IT TOO.
UH, IS THERE ANY, UH, QUESTIONS FROM THE COMMISSION FOR THE APPLICANT? BRAGMAN COMMISSIONER BRAGMAN? SO IS THERE A PHYSICAL BARRIER OR DISTANCE BETWEEN, BECAUSE OF THAT STRIP? IS THERE ALMOST LIKE AN ALLEYWAY OR IS IT AN EASY, OR MA'AM IT'S NOT, IT'S, YOU CAN'T EVEN REALLY, OR YOU DON'T PHYSICALLY SEE THAT THERE'S ANY YEAH, IT'S OPEN.
YOU CAN'T, YOU CAN'T SEE, I MEAN, LIKE, THERE'S NOTHING ON THAT STRUCTURE ON THAT, THAT LITTLE SLI THAT LITTLE SLIVER.
BUT IT, IT, SO IT'S VACANT? YES.
AND SO DO THE FENCES BACK UP TO EACH OTHER? IS THERE ONE COMMON FENCE BETWEEN THE PROPERTIES OR IS THERE, OH, I BELIEVE SO.
IS THERE LIKE A FENCE AND THEN A, A ALMOST LIKE AN ALLEYWAY AND THEN A FENCE? NO, MA'AM.
SO IT, IT IS REALLY NOT DISTINGUISHABLE THAT, THAT, THAT'S A SEPARATE STRIP OF YEAH.
INN NO, NOT TO OUR KNOWLEDGE AT ALL.
IN FACT, WE WERE WONDERING WHAT IT WAS TOO.
WHAT WOULD YOU DO WITH IT, MR. CHAIR? OKAY.
IT'S, THIS DESCRIPTION USES AN EASEMENT LAND AND OWNED BY A LORETTA SALAZAR IN UNIVERSAL CITY.
JUST INTERESTING THAT I MADE CONTACT WITH HER TO SEE THERE SOMETHING THAT CAN BE CONVEYED BACK OR SOMETHING.
[02:25:01]
ONE ITEM, WHAT COULD HAVE HAPPENED WAS, IS SOMEBODY COULD HAVE, UH, YOU KNOW, THERE'S DIFFERENT PURCHASES GOING ON BACK THEN.AND, UH, I'M TO THE NORTH OF YOU.
I DON'T SEE THAT LANDOWNER POPPING UP.
UM, LET ME JUST CHECK YOURS REALLY QUICK.
UH, DETAIL CONVEYANCE IN 2006.
I MEAN, I DON'T EVEN SEE THE PROPERTY YOU HAVE IS, DOESN'T SEEM TO BE ON.
WHAT'S THAT? IT'S A 2006 CONVEYANCE THROUGH A, A SHERIFF'S DEEDED.
WELL, THAT IS SO PECULIAR,
SO SAVANNAH, SO I SEE IT, SO WHEN I'M LOOKING, I SEE 2 0 4, UM, LONE STAR BOULEVARD AS THE OWNER OF THAT STRIP.
SO, UM, ARE YOU TALKING ABOUT, UM, I GOT LORETTA SALAZAR.
YOU GOT LORETTA SALAZAR TOO? YEAH, I SHOWED, I SHOWED OWNED BY 2 0 4 LONE STAR BOULEVARD.
AND THEN, SO, SO THAT'S A THING, BUT MAYBE LOOKING AT THE WRONG SPACE.
YOU, ARE YOU LOOKING AT THE STRIP TO THE NORTH STRIP? OH YEAH.
WE'RE TALKING ABOUT, WE'VE, WE'VE MOVED ON TO THE THIN STRIP TO THE
YEAH, THERE'S ANOTHER, SO YOU, I MEAN, AND THEY'RE SO SMALL.
I MEAN, YOU MAY END UP GOTCHA.
AND IT LOOKS LIKE IT'S ABOUT SIX FEET WIDE, SO, RIGHT.
YEAH, THE ONLY THING YOU USE THAT FOR, IF YOU WANTED TO RUN, LIKE COMMUNICATION CABLE BACK THERE OR SOMETHING, MAYBE SOMEBODY SOLD IT TO OR INTENDED TO USE IT FOR AN EASEMENT, BUT, OKAY.
WELL THAT'S, SOMETIMES THEY USE IT AS THEY DO WHAT'S CALLED SPIKE STRIP OR THEY HAVE A DIFFERENT ZONING, SO YOU CAN'T GET THROUGH LIKE A LESSER ZONED, UM, TO A MORE INTENSE ZONING.
AND SO IT USED USED AS A, AS A, YEAH.
WELL, IF THERE'S ANY OTHER QUESTIONS FOR THE APPLICANT I'D, I DON'T HAVE ANY MYSELF.
UH, WELL, IF THERE'S, UH, ANY PUBLIC COMMENTARY VOICEMAILS, THERE'S NO PUBLIC COMMENT, WELL, WE'RE GONNA ASK FOR A MOTION.
REGARDING CASE NUMBER BO OA DASH 23 DASH 1 0 3 0 0 2 72, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR 10 FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW A 10 FOOT REAR SETBACK SITUATED AT 1 0 8 DOWDY STREET, APPLICANT BEING HOVANA LLC.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SO THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
VARIANCE REQUEST DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST AS GRANTING THE VARIANCE WOULD ALLOW THE DEVELOPMENT OF A SINGLE FAMILY RESIDENCE.
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 INABILITY TO CONSTRUCT A SINGLE FAMILY RESIDENCE ON THE LOT.
DUE TO THE SIZE OF THE LOT AND SQUARE FOOTAGE OF THE PROPOSED RESIDENCE, THE STRUCTURES UNABLE TO MEET THE REAR SETBACK REQUIREMENT.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE VARIANCE WILL PERMIT A SINGLE FAMILY DWELLING NEAR, SURROUNDED, NEAR, SURROUNDED BY LOTS WITH REDUCED SETBACKS.
UH, THE REQUEST APPEARS TO OBSERVE THE SPIRIT OF THE ORDINANCE.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED ZONING DISTRICT IN WHICH THE VARIANCE 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.
THE PROPERTY WAS GRANTED A NON-CONFORMING LOT OF RECORD TO BUILD A SINGLE FAMILY DWELLING ON A SUBSTANDARD LOT, WHICH LIMITS THE BUILDABLE AREA.
THE REDUCED SETBACK WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS OTHER LOTS HAVE BEEN HAVE REDUCED SETBACKS.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OTHER 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 IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
A SETBACK REDUCTION TO THE REAR WOULD HELP ACCOMMODATE A REASONABLE REAR SETBACK ON THE LOT.
THE REQUEST DOES NOT APPEAR MERELY FINANCIAL.
SECOND BY COMMISSIONER BRACKMAN.
WELL, I SEE NO REASON NOT TO GRANT THIS VARIANCE.
UM, UH, IT'S A SMALL LOT AND WE DO LIKE TO ENCOURAGE PROPERTIES TO BE BUILT, ESPECIALLY HOUSES.
[02:30:01]
IS AN UP AND COMING NEIGHBORHOOD.IT'S GOOD TO HAVE MORE HOUSING IN THERE, SO NO REASON NOT TO GRANT IT.
UH, ANYTIME THAT WE CAN, UH, INCREASE THE HOUSING STOCK, I, I'M ALWAYS IN SUPPORT OF IT.
IS THERE ANY OTHER COMMISSIONERS YOU'D LIKE TO ADD? UH, HEARING NONE.
LETS HAVE A ROLL CALLED VOTE PLEASE.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
CHAIR ORIAN AND I CONCUR THE FINDINGS OF FACT.
UH, IF YOU HAPPEN TO HAVE ANY QUESTIONS YOU CAN GET WITH STAFF, BUT THANK YOU.
UH, IS THERE ANYTHING DIRECTOR'S REPORT? NO, SIR.
IT IS 3 48 AND WE ARE ADJOURNED.