* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:02] 1 0 2. ALL RIGHT. IT'S 1 0 2. UM, WE'RE GONNA GET THIS STARTED. WE CAN HAVE THE SPANISH INTERPRETER COME OUT AND DO THEIR PRESENTATION. PLEASE. UH, CAN YOU TALK INTO THE MICROPHONE? IT'S OKAY. HOLD ON. THERE WE GO. THANK YOU VERY MUCH. IF EVERYONE COULD PLEASE BE KIND AND SILENCE OUR MOBILE DEVICES. UH, WE'RE GONNA GET STARTED. STAFF, UH, YOU TAKE ROLL PLEASE. DR. BURTON. HERE. MS. KAPLAN. PRESENT. MR. VASQUEZ. MR. VASQUEZ. VASQUEZ IS PRESENT. MR. DEAN? PRESENT. MS. CRUZ? HERE. MR. ZUNIGA? PRESENT. MR. MANNA PRESENT. MS. MANEZ? PRESENT. MS. BRAGMAN PRESENT. MR. OZUNA PRESENT CHAIR ORIAN. AND I'M PRESENT. SO WE HAVE A QUORUM OF 11 AND IF EVERYONE COULD PLEASE, UH, STAND AND JOIN ME FOR THE PLEDGE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE. FOR THE JUSTICE FOR ALL HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD ONE. AND INDIVIDUAL. ALRIGHT, [ Briefing and Possible Action on the following items  ] SO BEFORE WE PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION. THE BOARD FOLLOWS AN AGENDA, WHICH IS, WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS. FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT. LASTLY, AS CHAIR, I'LL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS. I ASK THAT THE BOARD MEMBER SUBMIT THESE ANNOUNCEMENTS TO ME AS THE CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING. WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL. THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY, CO ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELEASE SOUGHT, AND WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING 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 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 IT'S 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 WILL BE CLOSED AND A MEMBER, THE BOARD WILL MAKE A MOTION. EACH MEMBER WILL BE ASKED TO VOTE ON A MOTION. AN ORDER FOR A MOTION TO CARRY. IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES. THE BURDEN OF PROOF AND GRANTING THE RELEASE SOUGHT RESTS WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS ON WHICH THE REQUEST OF RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISIONS OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL. SPECIAL EXCEPTIONS OF 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. STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST. PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OR SPECIAL EXCEPTION AND PROPERTY WITHIN 200 FEET OF THE SUBJECT. PROPERTY CHECK MARKS INDICATE THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND AN X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION FOLLOWING THIS PRESENTATION. ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THE REQUEST. FOR THOSE THAT ARE, THAT SIGNED UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE OR SPECIAL EXCEPTION, YOU'LL BE CALLED IN ORDER THAT YOU SIGNED UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM OF THREE MINUTES PER SPEAKER AND YOU'RE NOT [00:05:01] OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION. FOR THOSE THAT WOULD LIKE TO GIVE THEIR TIME TO A SPEAKER. THAT SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVEN THEIR TIME FOR A TOTAL OF NINE MINUTES. THOSE GIVING UP THEIR TIME MUST BE PRESENT AND SIGNED TO SPEAK. GROUPS CONSISTING OF THREE OR MORE CITIZENS WILL BE ALLOCATED NINE MINUTES TOTAL TO ADDRESS THE BOARD ON THAT ITEM. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR REBUTTAL LIMITED TO ONE SPEAKER FOR A THREE MINUTE TIME ALONG WITH AN OPPORTUNITY TO ADDRESS THE BOARD QUESTIONS. THANK YOU, CHAIRMAN. THANK YOU. UH, ITEM NUMBER ONE, UH, REGARDING 1611 NORTH PALMETTO IS VERSE ON THE AGENDA. HELLO, GOOD AFTERNOON. MY NAME IS JUAN ALVAREZ, PLANNER WITH DEVELOPMENT SERVICE ITEM NUMBER BO O EIGHT DASH 23 DASH 0 3 0 0 2 9 8. APPLICANT ARIAN SANCHEZ IS REQUESTING FOR A PARKING ADJUSTMENT TO WAIVE THE ONE REQUIRED ALL STREET PARKING SPACE FOR A SHORT-TERM RENTAL LOCATED AT 1611 NORTH PALMETTO ZONE RESIDENTIAL SINGLE FAMILY DISTRICT IN COUNCIL DISTRICT TWO, THE APPLICANT IS SEEKING A PARKING ADJUSTMENT TO WAIVE THE ONE REQUIRED OFF STREET PARKING SPACE FOR A SHORT-TERM RENTAL. THERE ARE CURRENT, CURRENTLY NO SHORT ACTIVE SHORT-TERM RENTAL PERMITS ON THE BLOCK. THE SHORT-TERM RENTAL ORDINANCE STATES THAT AN OFF STREET PARKING SPOT SHOULD BE PROVIDED TO QUALIFY FOR PERMIT. THERE ARE SEVEN LOTS ALONG THIS BLOCK. PHASE ONE TYPE TWO SHORT-TERM RENTAL PERMIT HAD PREVIOUSLY BEEN APPROVED ON THE BLOCK PHASE ON SEPTEMBER 29TH, 2020. THE SUBJECT PROPERTY HAD THE ORIGINAL PERMIT GRANTED ON SEPTEMBER 29TH, 2020, BUT EXPIRED ON SEPTEMBER 29TH, 2023. THEIR CURRENT RENEWAL APPLICATION CAN BE APPROVED WITHOUT RELIEF FROM THE BOARD OF ADJUSTMENT. THIS IS THE SITE 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 SEVEN UNITS PRESENT ON THE BLOCK FACE. THE SUBJECT PROPERTY WAS BUILT IN 1917 BY UTILIZING THE NORTH 38 POINT 88 FEET OF THE ABUTTING PARCEL TO THE SOUTH STATE LAWS REQUIRING PLATTING FOR THE DEVELOPMENT OF SUBDIVIDED LOTS DID NOT EXIST UNTIL JUNE 14TH, 1927. STAFF RECOMMENDS DENIAL AND BO OA DASH 23 DASH 1 0 3 0 0 2 98 FOR A PARKING ADJUSTMENT TO WAIVE THE ONE REQUIRED OFF STREET PARKING SPACE FOR SHORT, SHORT-TERM RENTAL PER SECTION 16 DASH ZERO OF THE CITY CODE. STAFF FINDS THAT THE APPROVAL WILL BE DE DETRIMENTAL TO THE HEALTH AND SAFETY OF THE OCCUPANTS OF THE SHORT-TERM RENTAL PROPERTY AND TO THE INTEGRITY OF THE NEIGHBORHOODS IN WHICH THE SHORT-TERM RENTAL PROPERTY OPERATES. 24 NOTICES WERE MAILED OUT, ZERO IN FAVOR, ONE IN OPPOSITION AND THERE WAS NO RESPONSE FROM THE GOVERNMENT HILL ALLIANCE NEIGHBORHOOD ASSOCIATION. AND THIS CONCLUDES STAFF PRESENTATION. APPLICANT IS HERE TO ANSWER ANY QUESTIONS AND THE CITY FINDS DEPARTMENT IS ALSO PRESENT FOR ANY HARBOR ACCOUNT RELATED QUESTIONS. UH, JUST A COUPLE QUICK, UH, CLARIFICATIONS. UH, WHEN THIS WAS ORIGINALLY ISSUED A PERMIT, UH, DID THEY HAVE AN OFF STREET PARKING SPACE? NO, THEY DID NOT. SO HOW DID IT GET ISSUED A PERMIT? SO, SO WE, WE ARE UNSURE WHY THE PREVIOUS TEAM APPROVED THIS, BUT OUR AIM IS TO DEMONSTRATE THROUGH OUR NEW RIGOROUS EVALUATIONS THAT APPLICATIONS INCLUDING PERMIT RENEWALS WILL NOT BE OVERLOOKED. UH, APPLICATIONS ARE GIVEN FAIR CONSIDERATION REGARDLESS OF THEIR PRIOR PERMIT STATUS. OKAY. AND ONE LAST QUESTION. QUESTION. UH, DID YOU OBSERVE ANY, ANY ABILITY TO PUT IN A DRIVEWAY, UH, OR A PARKING SPACE? UH, I DON'T KNOW IF YOU WERE THE ONE WHO WENT OUT TO THE SITE, BUT DID YOU, DID YOU SEE IT WAS, IF IT WAS POSSIBLE, UM, BASED ON VIEWING THE PROPERTY FIRSTHAND, THERE WAS, IT LOOKED LIKE PERCEIVED TO BE NO SPACE FOR A PARKING SPACE AVAILABLE. ALL RIGHT. DID ANY OTHER QUESTIONS? STAFF? WHAT DID YOU JUST SAY? COULD, WHAT DID YOU SAY? OH, BASED ON VIEWING THE SUBJECT PROPERTY, IT PERCEIVED TO BE NO SPACE FOR THERE TO BE A PARKING SPACE. ALL RIGHT. ANYONE ELSE? SO IF IT WERE OWN OR OCCUPIED INSTEAD OF A SHORT TERM RENTAL, THE OWNER WOULD HAVE TO PARK ON THE STREET ANYWAY, WOULDN'T HE? CORRECT. ALL RIGHT. YOUR NEXT COMMISSIONER ZI KNOW THERE WAS ONE, AN OPPOSITION FOR THE CURRENT, UM, REQUEST. WAS THERE ANY COMPLAINTS OR, UM, HISTORICAL FILINGS ON FINDINGS ON THIS PROPERTY? THE ONLY COMPLAINT THAT THE PERSON OPPOSITION MADE WAS IN REGARDS TO HAVING THE SHORT-TERM RENTAL PROPERTY. WHEN IT DID GET RENTED OUT THAT SOME [00:10:01] OTHER PEOPLE WOULD PARK IN FRONT OF THEIR ADDRESS AND THAT ADDRESS WAS 1618 NORTH PALM MITO. THANK YOU. ALRIGHT. UH, COMMISSIONER KAPLAN, HAS THIS BEEN RENTED OUT ALREADY OR IS THIS SOMETHING THAT, UH, IT SAID THAT IT HAD, OR, UH, EARLIER IT HAD BEEN RENTED OUT. SO THIS HAS BEEN A SHORT-TERM RENTAL IN THE PAST? YES. OKAY. AND THERE WERE NO PROBLEMS? UM, NOT THAT, UM, ONLY THE COMPLAINTS THAT THE OPPOSITION MADE NOT, NOT PREVIOUS COMPLAINTS WERE MADE? NO, NO COMPLAINTS BY THE NEIGHBORHOOD WERE MADE ABOUT THE PARKING IN THE PAST, JUST FROM THE ONE, UM, INDIVIDUAL IN THE NEIGHBORHOOD. THEY DID, UM, SAY THAT THERE WAS ISSUES WITH THE PARKING, LIKE BLOCKING, UM, THAT STREET. OKAY. THANK YOU. ALL RIGHT. LISTEN, YES. UH, COMMISSIONER BEVI, I JUST WANNA MAKE SURE THAT I UNDERSTAND. SO THEY APPLIED FOR THE ORIGINAL IN 2020. THEY WERE, UH, GRANTED A PERMIT AND THEN THEY'RE UP FOR RENEWAL. THE RENEWAL WAS GRANTED, BUT THE PERMIT WAS DENIED FOR THE OFF STREET PARKING. IS THAT CORRECT? WE HAVEN'T ISSUED THE RENEWAL YET. IT'S ON, UM, ON HOLD PENDING, UH, THE DECISION FROM VOA IF THEY WANNA WAIVE THE ONE OFF STREET PARKING REQUIREMENT. OKAY. THANK YOU. ALRIGHT, LET'S HAVE THE APPLICANT COME OUT. THANK YOU. WHILE THE APPLICANTS COME OUT, UM, CAN YOU ALSO BRING UP GOOGLE MAPS AND SHOW THE, UH, FRONT VIEW FROM GOOGLE STREET, PLEASE? YOU CAN START WITH YOUR NAME AND ADDRESS AND THEN PRESENT YOUR CASE. OKAY. I GROW A LITTLE SOMETHING TO READ. IS THAT OKAY? WHAT'D YOU SAY? I, I GROW SOMETHING TO READ? YES. OKAY. AND, OKAY. MY NAME IS MARIA SANCHEZ. I OWN THE 1611 NORTH PALMETTO HOUSE, A CITY OF AUSTIN REGISTER PROPERTY AS A HISTORIC STRUCTURE BY THE OFFICE OF HISTORIC PRESERVATION. THANK YOU. WITH STAFF FOR PRESENTATION. AND THANK YOU COMMISSIONER FOR YOUR VOLUNTEER WORK. I AM HERE TO ASK YOU TO VOTE IN FAVOR OF PARKING ADJUSTMENT TO WEIGH THE ONE OFF STREET PARKING SPACE FOR A SHORT-TERM RENTAL. I LOVE SAN ANTONIO AND I HAVE BEEN SO EXCITED WITH MY DAUGHTER VANESSA, CHOOSING UTSA AS HER UNIVERSITY. THIS WAS MANY YEARS AGO. AT THAT TIME, I COULD NOT EVEN THINK ABOUT PURCHASING A HOME HERE. AS A SINGLE MOM, MY PRIORITY WAS FOR THREE DAUGHTERS TO FINISH COLLEGE, AND THEY DID. I BEGAN THE JOURNEY OF LOOKING FOR A SECOND HOME ABOUT SEVEN YEARS AGO, BUT IT STILL WAS TOO FAR AWAY. DREAM FOR ME. AFTER COLLEGE, MY DAUGHTER VANESSA, CHOSE TO MAKE SAN ANTONIO HER PERMANENT HOME. SHE MET AALIYAH WHO IS HERE, AND THEY STARTED A LOVE STORY TOGETHER HERE. FAST FORWARD TO 2020. UH, DURING THE COVID PANDEMIC, I WAS MISSING MY CHILDREN SO MUCH, BUT I I WAS SCARED TO BE IN A PHYSICAL SPACE WITH THEM. THIS IS WHEN I DECIDED TO FINALLY MAKE THE SACRIFICE AND PURCHASE A HOME IN SAN ANTONIO. I MADE A FEW REQUESTS TO MY REAL ESTATE AGENT, ANITA, A HOME CLOSE TO MY DAUGHTER. SHE LIVED ON THE DENO WITTY HISTORIC NEIGHBORHOOD, A QUIET NEIGHBORHOOD, AND A CONTRIBUTOR TO THE HISTORIC ARCHITECTURE OF SAN ANTONIO CASA. THIS IS HOW I LOOK. THIS IS HOW I LIKE TO CALL MY HOME. WHAT'S THE PERFECT CHOICE? CASA ZU IS A 850 SQUARE FEET HISTORIC CRAFTSMAN STYLE COTTAGE LOCATED IN THE GOVERNMENT HILL HISTORIC DISTRICT SITTING PRETTY ON A 2,100 SQUARE FEET LOT BUILDING. 1917, MY DAUGHTER AND I FELL IN LOVE WITH IT. AT THAT TIME, I KNEW I NEEDED TO HAVE SOME KIND OF INCOME TO FINANCIALLY AFFORD IT. MY DAUGHTER HAD EXPERIENCE DOING AIRBNB AND I THOUGHT THAT WAS THE PERFECT OPTION. I CALLED DEVELOPMENT SERVICES BEFORE I PURCHASED THE HOME, AND I WAS HAPPY TO HEAR THAT I COULD DO AIRBNB ON THIS HOUSE. I BOUGHT THE HOUSE IN THIS 2020 SUMMER AND IT STARTED RENOVATION PROCESS. A LOT NEEDED TO GET DONE, BUT SOMETIME TOWARD THE MONTH OF OCTOBER, CASA WAS READY. I APPLIED FOR THE SHORT-TERM RENTAL, AND A LICENSE WAS GRANTED OR PROVIDED. THE PARKING WAS ADDRESSED WITH A QUICK SIDE PLAN DRAWING, SHOWING TWO CARS PARKED OUTSIDE THE HOUSE. THIS WAS ACCEPTED, AND, AND I HAVE DONE AN AIRBNB SINCE 2020. I FOLLOW ALL THE RULES. I PAY MY TAXES ON TIME. I REINVESTED ON CASA. CASA CAN ONLY HOST FAMILIES NO MORE THAN FIVE INDIVIDUALS, INCLUDING CHILDREN. SO THERE HAVE NEVER BEEN ISSUES OF EVENTS, NOISE PARTIES, OR DISRESPECT TO THE NEIGHBORS. FAMILIES COME FROM MANY [00:15:01] REASONS TO VISIT OUR MEN AND WOMEN IN SERVICE MEDICAL NEEDS. FAMILY CELEBRATION, GET UP. QUICK GETAWAY ON TEMPORARY SHELTER DUE TO EMERGENCY WEATHER. CAN I PASS THIS? WE GOT IT. HAVE TO BE FROM THE FENCE. OH, OKAY. I HAVE A BLACK BOOK THAT I USE AS AN AVENUE FOR PEOPLE THAT VISIT MY HOME AND GRAB A FEW NOTES, AND I THINK THEY'RE GONNA SHOW THEM ON THE SCREEN. AND I'M GONNA READ JUST A COUPLE. WE LOVE FOR A SPECIAL STATE AT CASSO, WE ACTUALLY LIVE LESS THAN A MILE FROM HERE, BUT WE WANTED A SPECIAL PLACE FOR A CATION AFTER OUR NEW SON WAS BORN. BORN IN SAN ANTONIO BIRTH CENTER ON NOVEMBER 27TH, THE BIGGEST BABY TO EVER BE BORN AT THE BIRTH CENTER, 11 POUNDS, 12 OUNCES. WHEN I ARRIVED AT CASA SOUL, HE DIDN'T YET HAVE A NAME, BUT HE LOVE, HE LIVED TODAY WITH NICHOLAS, WHO ARE LOVE MADISON, TWO AND A HALF DAYS OLD. THANKFULLY, HE SPENT HIS FIRST FEW DAYS IN THIS BEAUTIFUL HOME, JUST SOAKING ALLING COZY INSIDE FROM THE CALL. FROM OUTSIDE. I'LL READ ONE MORE. MARIA. I COME TO VISIT WITH FAMILY WE DON'T OFTEN GET TO SEE DUE TO SON-IN-LAW, MILITARY CAREER. IT WAS NICE TO HAVE A LOVELY HOME TO STAY IN AND HAVE THEM OVER FOR A FEW HOURS INSTEAD OF A HOTEL COMMERCIAL BUILDING. THE HOME GAVE ME WARM UNDERTONES OF A FAMILY VISIT, LOVE TO SHARE, AND THE OF NOT HAVING TO SHARE THESE MOMENTS AROUND STRANGERS. THIS IS THE LAST NOTE THAT I GOT. SO I, I JUST WANT TO, UH, LET YOU KNOW THAT WE'RE HERE TO, TO FIGURE OUT ABOUT YOUR PARKING SCENARIO. I'M NOT, I'M SURE EVERYONE LOVES YOUR SHORT-TERM RENTAL, BUT WE, BUT CAN YOU PLEASE, UH, ADDRESS THE BOARD WITH, WITH HOW THIS IS ACCEPTABLE, WHY THERE'S A HARDSHIP, UH, SO THAT WE HAVE SOMETHING TO DELIBERATE ON. PLEASE. YES. I WANT TO SHARE THAT I COME TO SAN ANTONIO OFTEN TO VISIT MY DAUGHTER AND HER FAMILY. THIS IS MY HOME. WE HAVE CELEBRATED VANESSA ELLIE'S WEDDINGS HOSTED COUSIN. AND DURING 2020 FEBRUARY WINTER STONE WAITED FOR MY GRANDSON TO BE BORN, CELEBRATED HIS FIRST AND SECOND YEAR, WATCHED THE CLIPS TOGETHER AND VISIT PEARL DISTRICT. I VISIT MY NEIGHBORS AND I GOT SEVERAL LETTERS OF SUPPORT, WHICH THEY'RE, THEY WERE ON THE SCREEN. YES, WE DID SEE THOSE. WHILE AT WALK, I NOTICED THAT MANY HOUSES ARE SELLING NEEDS OF RENOVATIONS. MY PLAN IS KEEPING CASA SOUL AND CONTINUE MAKING IMPROVEMENTS, BUT I NEED THE SHORT TERM RENTALS SO I CAN GET THE FUNDING TO CONTINUE. I DID A QUICK CHECK AND I NOTICED THAT THIS YEAR I RENTED A HOUSE LESS THAN 150 DAYS, WHICH MAKES SENSE BECAUSE I COME OFTEN. SO TODAY I'M ASKING TO PLEASE VOTE IN FAVOR. OKAY. SO LET'S SEE IF WE HAVE ANY QUESTIONS FOR YOU. UM, KA COMMISSIONER KAPLAN. OKAY. UM, MS. MS. SANCHEZ, UH, I NOTICE THAT THERE IS SOME ROOM IN THE FRONT SIDE, UH, OF THE RIGHT HAND SIDE OF THE HOUSE WHERE YOU MIGHT PUT A DRIVEWAY SO YOU COULD HAVE ONE OFF STREET PARKING SPACE. IS THERE AN A REASON WHY YOU WOULDN'T DO THAT? NO, THERE IS NO SPACE FOR A FULL CAR INSIDE THE LOT. CAN YOU PULL UP THE, UH, THE ZONING MAP ON THE PRESENTATION PLEASE? WHAT? ON THE POWERPOINT? THERE SHOULD BE AN AERIAL TOWARDS THE END. ALL RIGHT, NEVERMIND. SO THERE IS NO, THERE IS NO SPACE FOR A CAR TO PARK IN. LET, LET'S, LET'S DO IT THIS WAY. CAN YOU BRING UP THE TITLE, THAT SURVEY AGAIN PLEASE? UH, THE ONE WITH THE, UH, NOTATIONS ON IT. AND SO IF YOU PROVIDE A PARKING SPACE, IT HAS TO EXIST WITHIN YOUR PROPERTY. SO THE QUESTION IS, IS THAT FROM THE SIDE OF YOUR HOME TO YOUR, TO THE FENCE? HOW WIDE IS THAT? 16? I DON'T KNOW. UM, I'M TALKING ABOUT RIGHT HERE. YES. FROM THE SIDE OF YOUR HOME AT, AT THE FRONT RIGHT CORNER TO THE FENCE. HOW [00:20:01] WIDE DO YOU THINK IT IS? HOW WIDE I THINK IT IS. UM, IT LOOKS, IT LOOKS LIKE IT, IT MIGHT BE EIGHT FEET. IT COULD BE LESS, IT COULD BE MORE STAFF. IF YOU CAN BRING UP THAT SURVEY, PLEASE. YEAH, I, OH, I THINK I HAVE SOMETHING. . THAT'S IT. YEAH. ZOOM IN, UH, TO THAT PLEASE. UM, OH YEAH, I, THAT'S THE SAME THING THAT I HAVE. OKAY. SO THE, SO THE QUESTION IS, IS THAT DO YOU HAVE THE PHYSICAL SPACE TO PUT A PARKING SPACE? UH, AND IT WOULD HAVE TO GO AT LEAST 18 FEET, YOU KNOW, PAST THAT SIDEWALK. SO THE, SO DO YOU HAVE, UH, YOU HAVE ENOUGH WIDTH THERE FROM THE CORNER TO THE SIDE FENCE TO PROVIDE, DO YOU HAVE NINE FEET THERE? I I, I DON'T KNOW IF I HAVE, HAVE NINE FEET AND I DON'T KNOW WHAT'S THE REQUIREMENT OF A PARKING. I CAN TELL YOU THAT, UM, WHERE YOU SEE THIS SPACE, WHAT YOU'RE NOT NOTICING IS THAT THERE IS A GAS LINE AND THERE IS THE AC. OH, I SEE. YEAH, YOU HAVE AN AC THING THAT MIGHT BE IN THE WAY. OKAY. SO THAT'S, THAT'S WHAT I'M THINKING, BUT I DON'T KNOW WHAT THE REQUIREMENTS ARE TO BUILD A PARKING. IT'S NINE FEET BY 18. YOU MIGHT HAVE NINE IF YOU DIDN'T HAVE YOUR AIR CONDITIONING UNIT THERE. SO THAT'S, UH, I JUST WANTED TO ASK THAT QUESTION. UH, ANY OTHER QUESTIONS FOR THE APPLICANT? BENAVIDEZ, COMMISSIONER BENAVIDEZ. SO MARIN, COULD YOU TELL US, IF YOU DON'T GET THAT, IF THAT PARKING SPACE IS NOT APPROVED, HOW IS THAT GOING TO AFFECT THE RENTAL OF, OF YOUR HOME? WELL, I MEAN, THE REASON THAT I BOUGHT IT IS BECAUSE I WANNA VISIT MY FAMILY AND SPEND TIME IN SAN ANTONIO. SO THE SHORT-TERM RENTAL GIVE ME SOME INCOME TO MAINTAIN THE HOUSE. SO IF I DON'T GET THE SHORT-TERM RENTAL APPROVAL, I PROBABLY NEED TO SELL IT. AND, AND I, YOU KNOW, HAVE A GRANDKID AND I JUST LOVE SPENDING TIME WITH HIM. SO THE, WHEN I, BEFORE I BOUGHT THE HOUSE, I CALLED DEVELOPMENT SERVICES BEFORE I MADE THAT COMMITMENT AND THEY TOLD ME I COULD DO THE SHORT TERM. AND THEN OF COURSE, AS YOU ALL KNOW, I GOT THE PERMIT. I'M JUST REALLY SURPRISED NOW THAT I, I NEED TO DO THIS. AND NOW MY GRANDSON IS TWO YEARS OLD AND I'M IN LOVE WITH HIM. SO, UM, I, I MEAN, I, I DON'T FEEL I CAN PUT A PARKING THERE. IT DOESN'T, SEEMS THAT IT HAS THE SPACE. SO, AND YOU DON'T HAVE A FIRE HYDRANT OR SOMETHING THAT WOULD BE MAKE IT ILLEGAL FOR SOMEONE TO PARK IN FRONT OF YOUR HOME? OH NO, I DON'T HAVE THAT. OKAY. UH, STAFF, IS THERE ANYONE SIGN UP TO SPEAK OR ANY VOICEMAILS? WE HAVE ONE VOICEMAIL AND ONE SPEAKER. I THINK WHAT WE'LL DO IS WE'RE GONNA LISTEN TO THE VOICEMAIL AND, AND LISTEN TO THE CITIZENS END SPEAK AND THEN WE'LL HAVE YOU COME BACK UP AND SEE IF WE HAVE ANY ADDITIONAL QUESTIONS. MANNA, UH, COMMISSIONER MANNA. SO CAN THE CITY, UH, STAFF PLEASE BRING UP THE, UM, GOOGLE PHOTO AGAIN, PLEASE. UM, AND STEP ONE FURTHER, STEP NORTH, I GUESS IN THE PI IMAGE? YEAH, GO ONE STEP FORWARD. OTHER WAY, OTHER WAY. SO YEAH, SCOOT DOWN THE STREET ONE SLOT PLEASE SO I CAN SEE THE SIDE. THERE WE GO. OKAY, SO NOW WE CAN SEE THE SIDE OF THE PROPERTY, UH, WHERE THE UNIT IS AND YOU CAN ZOOM IN ON THAT A LITTLE BIT. AND THEN, UM, AND THEN IF YOU COULD, PERFECT. UM, SO, SO THERE DOES APPEAR TO BE, YOU KNOW, 10 FEET THERE ON THE SIDE, NINE FOOT, YOU KNOW, PER THE DRAWING THAT THE, ON THE ONE DRAWING, IT SHOWS FIVE FOOT FROM THE SIDE PROPERTY TO THE FENCE FROM THE SIDE OF THAT HOUSE. SO YOU GOT THE EXTENSION THERE, WHATEVER SIZE THAT IS OF FIVE FOOT. SO IT DOES LOOK LIKE A 10 FOOT WIDTH THERE POTENTIALLY. AND THEN IF YOU GO OVERHEAD, THE AIR CONDITIONER IS PUSHED AGAINST THAT FAR WALL. SO, SO THERE IS SPACE THERE, YOU KNOW, JUST FROM MY PERSPECTIVE. BUT, BUT JUST TO COMMENT AND JUST TO NOTE THAT. SO THANK YOU. ALRIGHT, CRUZ. COMMISSIONER CRUZ, UM, I KNOW THEY SAID WE HAD SOMEBODY HERE FROM CITY STAFF ON THE PARKING REQUIREMENT. IS HE AVAILABLE TO GIVE US AN UPDATE ON THAT? WHAT IS THE, WELL, BECAUSE I'M TRYING TO FIGURE OUT DOES HE THINK THERE'S ENOUGH SPACE THERE FOR THE PARKING SLOT BECAUSE OF COURSE THERE'S, UH, THE BUSH THERE THAT WOULD HAVE TO GET REMOVED AND OF COURSE THEY WOULD HAVE TO FIX THE FENCE AGAIN. SO I'M JUST TRYING TO FIGURE OUT YEAH, AND OF COURSE THE CURB CUT OUT. SO, UM, IS THERE ANYONE ON STAFF THAT, THAT MAY HAVE BEEN OUT THERE THAT COULD SPEAK ON, UH, THEIR OPINION ON WHETHER OR NOT A SPACE COULD PHYSICALLY EXIST? UH, THERE'S SOMEBODY THAT'S IN ROUTE. OKAY. SO LET'S LISTEN TO THE, LET'S LISTEN TO THE VOICEMAIL AND, AND THE CITIZEN CENTER TO SPEAK WHILE WE'RE WAITING FOR THAT STAFF MEMBER TO SHOW UP. HELLO, THIS IS PHYLLIS NEWMAN. I LIVE AT 1923 NORTH [00:25:01] PANAM EXPRESSWAY. I'M CALLING IN REGARDS TO CASE NUMBER, THE LAST THREE DIGITS ARE 2, 9 8. I AM IN, UH, OPPOSITION ONLY BECAUSE I DON'T WANT THIS TO SET A PRECEDENT IN THE GOVERNMENT HILL AREA THAT ANY SHORT TERM RENTAL SHOULD HAVE. UM, NO PARKING. THAT'S THE ONLY REASON I'M IN OPPOSITION. UH, THIS HOUSE, IT'S A LITTLE SMALL HOUSE THAT THEY, UM, SECTIONED OFF, I CALL IT. AND IT'S ALL TO ITSELF NOW. AND WHEN THEY SECTIONED IT, THEY DIDN'T INCLUDE A PARKING SPACE. IT WOULDN'T REALLY BOTHER ANYBODY. 'CAUSE I WOULD ASSUME THAT THE GUY HAS A LIMIT ON THE NUMBER OF PEOPLE THAT CAN STAY IN THAT HOUSE BECAUSE IT'S THE, IT IS A SMALL HOUSE THAT HAS BEEN RENOVATED VERY NICELY. SO, UM, IF THERE WERE SOME WAY TO UNDERSTAND THAT THIS WOULD NOT SET A PRECEDENT FOR THE GOVERNMENT HILL AREA FOR SHORT TERM RENTALS OR ANYONE THIS BUILDING, UH, THEN I WOULD BE IN FAVOR OF IT BECAUSE HE'S CLEARLY ON A STREET THAT EVERYBODY ELSE HAS PARKING. AND, UH, THE ONLY PEOPLE THAT WOULD NOT BE PARKING ACTUALLY OFF THE STREET WOULD BE THOSE THAT HAVE CHOSEN NOT TO DO IT ARE THOSE THAT HAVE IN EXCESS OF MORE THAN ONE VEHICLE, SOMETIMES IN EXCESS OF TWO VEHICLES. SO AGAIN, I'M, I AM IN OPPOSITION, BUT ONLY BECAUSE I THINK THAT IT MIGHT SET A PRECEDENCE FOR THE GOVERNMENT HILL AREA FOR SHORT TERM RENTALS. THANK YOU. ALL RIGHT. AND WE HAVE, HELLO, THIS IS PHYLLIS NEWMAN TWO. NO, NO. SHOULD B IT'S IT. AND THEN WE HAVE, UH, UH, SOMEONE IN THE GALLERY TO COME UP. ELI GARCIA. HELLO, SIR. PLEASE STATE YOUR NAME AND, AND TELL US WHAT YOU THINK, WHAT YOUR THOUGHTS ARE. ELI KIM GARCIA, I, UM, THIS IS MY MOTHER-IN-LAW. OKAY. AND, UH, I LIVE IN DIG HILL ON, UH, SSON AND THE HOUSE VERY SIMILAR TO THIS ONE. MINE DID HAVE A DRIVEWAY. THIS ONE DID NOT. THEY WERE MADE A HUNDRED YEARS AGO. THEY DIDN'T EVEN THINK ABOUT CARS OR ANYTHING WHEN WE PUT THE, THE, UH, WHEN SHE COMES OVER, THIS HOUSE HAS ONLY BEEN RENTED 130 DAYS THIS YEAR. SHE'S NOT, IT'S NOT A BUSINESS, IT'S NOT A HOTEL. YOU KNOW, SHE'S HERE MOST OF THE WEEKENDS. SHE'S BEEN HERE LIKE EVERY WEEKEND TO SEE, THIS IS HER, HER FIRST GRANDSON. SO SHE'S NOT LIKE HAVING WILD PARTIES OR ANYTHING LIKE THAT. THERE'S NOT ENOUGH SPACE FOR MULTIPLE VEHICLES. REALLY. MULTIPLE PEOPLE CONGREGATE IN THIS HOUSE. IT'S NOT GONNA CAUSE A LOT OF VEHICLES TO BLOCK THE, YOU KNOW, ANY DRIVEWAYS. OKAY. I WANT TO MAKE SURE THAT WE ADDRESS THAT. AND I AGREE WITH, UH, ON, IN YOUR, THE CONCERN. I'M ASSUMING YOU'VE BEEN THERE? UH, YES. WELL, SO IN YOUR OPINION, CAN TWO CARS FIT IN FRONT OF THE HOUSE? WITHIN THE FRONTAGE OF, OF THE PROPERTY? WE, YEAH, WE, WE PARK THERE. I MEAN, IT DEPENDS ON THE SIZE OF THE VEHICLE, BUT THERE'S PARKING, UH, DIRECTLY IN FRONT. AND WE'VE THOUGHT ABOUT HOW TO TRY AND FIT A DRIVE ON. THERE'S JUST NO SPACE. THERE REALLY IS NOT. UM, SO DO, DO YOU HAVE, UH, ANY COMMENTARY FOR, WE'VE, WE'VE HEARD DISCUSSION THAT THERE MAY OR MAY NOT, THE TITLE SURVEY IMPLIES THERE MOST LIKELY IS FROM THE SIDE OF THE HOUSE TO THE FENCE UPWARDS OF NINE OR 10 FEET. UH, WHAT, WHAT ARE YOUR THOUGHTS ON THAT? IF YOU KNOW, THIS IS SUPPLEMENTAL INCOME, IT HELPS COVER THE EXPENSES OF THE HOUSE. SO IF WE'RE NOT ABLE TO, I, I REALLY DON'T THINK IT WOULD DEPEND ON THE COSTS. IT'S A GIGANTIC COST. YEP. AND I JUST DON'T KNOW IF, IF THERE'S ENOUGH BEING GENERATED WITH ONLY 120 RENTAL. OKAY. ANY OTHER QUESTIONS FROM THE COMMISSION? ALL RIGHT. SO WE'RE GONNA, WHAT WE'RE GONNA DO IS HAVE THE APPLICANT COME, ACTUALLY I NOTICED THAT WE HAVE A MEMBER FROM, UH, UH, TRANSPORTATION AND TRAFFIC HERE. SO LET'S, LET'S HAVE 'EM COME UP. WE HAD SOME QUESTIONS ABOUT PARKING SPACES. COMMISSIONER CRUZ. THANK YOU, SIR. UM, I, DID YOU GO OUT AND VISIT THE AREA AND YOU KNOW THE AREA ALREADY? UH, I'M FAMILIAR WITH THE AREA. I DID NOT GO TO THIS SITE, BUT I'VE BEEN LOOKING AT THE, THE SURVEY, LOOKING AT THE, THE SURVEY AND THE SITE PLAN THAT THEY HAVE. OKAY. BECAUSE WE'RE TRYING TO FIGURE OUT IF THAT, UH, BUSH THAT'S THERE GETS REMOVED. AND OF COURSE THEY WOULD HAVE TO MOVE THE FENCE. WOULD THAT BE ENOUGH ROOM TO PUT IN A PARKING SPACE? UH, OUR STANDARD PARKING STALLS OR NINE FOOT WIDE BY 18 FOOT DEEP. [00:30:01] SO IN FRONT OF THE HOUSE, LOOKING AT THE SURVEY, THEY'RE SHOWING 16 FOOT TWO. UM, ON THAT RIGHT SIDE, IF YOU'RE FACING THE HOUSE, IT APPEARS THEY DO, BUT I DON'T KNOW WHAT THAT MEASUREMENT FROM THE SIDE OF HOUSE TO THE PROPERTY LINE IS. SPECIFICALLY. IF IT'S OVER NINE FEET, THEN THAT SHOULD BE SUFFICIENT FOR A PARKING SPACE. OKAY. BUT OF COURSE IT WOULD HAVE TO ALSO HA GET A CURB, THEY WOULD HAVE TO DO A DRIVEWAY PERMIT FOR THAT. RIGHT. OKAY. THANK YOU. ALRIGHT, THANK YOU. I HAVE A QUESTION FOR YOU. UH, COMMISSIONER BEVIS. I'M SORRY. UM, SO YOU SAID IT'S 18 FEET, BUT SHE ONLY HAS 16.2 ON THE RIGHT SIDE. IT'S A LITTLE DEEPER. THE ONLY DIMENSION WE HAVE IS FROM THE FRONT OF THE HOUSE. OKAY. SO THAT'S, WE WOULD NEED MORE DIMENSIONS TO SAY YES. UH, A PARKING SPOT WOULD BE VIABLE. UM, BUT I'M LOOKING AT THE, IF YOU'RE FACING THE PROPERTY, THE RIGHT SIDE, BASED ON THAT SURVEY, IT DOES APPEAR TO BE IN MORE ROOM, BUT I DON'T KNOW WITHOUT, UM, DIMENSIONS EXACTLY WHAT IT IS. STAFF, DO YOU HAVE A CLEAN COPY OF THAT SURVEY? BECAUSE I'M, I'M THE FIVE FIVE DIMENSION. I'M TRYING TO FIGURE OUT, IS THAT TO THE PROPERTY LINE OR TO THE FENCE? THAT'S THE ONLY, UH, SITE PLAN THAT THEY PROVIDED THE APPLICANT. DO YOU HAVE A, A, A CLEANER COPY OF THAT? OKAY, SO THAT FIVE FOOT, FIVE DIMENSION IS TO THE PROPERTY LINE AND NOT TO THE FENCE. UM, THE FENCE IS SIX INCHES, SO IT, SO IT'S FIVE FEET FROM THE HOUSE TO THE FENCE APPROXIMATELY. UM, UM, QUESTIONABLE WHETHER OR NOT, BUT IT LOOKS LIKE IT EASILY COULD HAVE NINE FEET FROM THE SIDE OF THE HOUSE IN THAT INSET THERE. UH, SO THAT'S JUST PUTTING THAT OUT THERE. UH, ANY OTHER QUESTIONS FOR THE APPLICANT? QUESTION FOR STAFF IN REGARDS TO PARKING ALONG THE NORTH PALMETTO AVENUE? IS STREET PARKING ALLOWED ON BOTH SIDES OF THE STREET? UM, AS FAR AS I'M AWARE, I DID NOT SEE ANY, NO PARKING SIGNS. THAT'S, UH, YOU KNOW, IF THERE WAS, IT WOULD'VE BEEN INSTITUTED AFTER THE FACT BY PUBLIC WORKS AND THERE'D BE SIGNAGE ON, ON EITHER SIDE IF THERE WAS NO PARKING. OKAY, THANK YOU. YES, SIR. MANNA COMMISSIONER MANNA, UM, HOW MUCH DOES THE CURB, THE COST OF A CURB CUT? IT? IT DEPENDS. UH, I MEAN, IN ALL HONESTY, IT DEPENDS ON, ON THE CONTRACTOR. THEY GET PRICE OF CONCRETE, UH, FOR OUR REQUIREMENTS ARE IN THE RIGHT OF WAY FROM PROPERTY LINE TO THE EDGE OF ASPHALT IS GOING TO BE CONCRETE. AND IT'S GOTTA MEET THE CITY OF SAN, UH, SAN ANTONIO. UM, STANDARD DRIVEWAY DETAILS. SO THERE WILL BE STEEL AND, UH, CLASS A CONCRETE IN IT. PERMITTING WISE, THERE'S, IS THERE A COST ASSOCIATED WITH PERMITS? SO, UH, YES. THIS ONE WOULD PROBABLY BE OUR MINIMUM FEE, WHICH IS A FEW HUNDRED DOLLARS. SO THE, SO THIS IS WHERE I, I GET A LITTLE, HAVE A LITTLE ISSUE IS THAT THE MINIMUM DRIVEWAY FOR A RESIDENTIAL IS 10 FEET, CORRECT. 10 FEET, CORRECT. AND THEN YOU HAVE TO HAVE TWO FOOT FLARES MINIMUM ON EITHER SIDE OF THE 10 FEET. AND THAT HAS TO BE WITHIN YOUR FRONTAGE, CORRECT? YES. IN AN INSTANT LIKE THIS WHERE THEY HAVE LIMITED FRONTAGE, WE WOULD PROBABLY WORK WITH THEM, UM, UNDERSTANDING AND DO EITHER A STRAIGHT SIDE ON THE, THE SHORT PROPERTY LINE SIDE OR, UM, JUST WORK WITH IT TO MAKE SURE THAT THEY COULD GET SAFE ENTRY AND EXIT. AND ONCE A AND ONCE THE CONCRETE, UH, APRON IS TAKEN UP TO THE PROPERTY LINE, UH, AFTER THAT, IT DOESN'T NECESSARILY HAVE TO BE CONCRETE OR ASPHALT. IT COULD BE CORRECT. WHATEVER. IT CAN BE AS LONG AS IT'S ANYTHING OTHER THAN GRASS. SO PAVERS, GRAVEL, SOME, SOME FORM OF OKAY. MATERIAL OTHER THAN JUST GRASS. BUT WE WOULD STILL HAVE TO HAVE, AND THE 10 FOOT REQUIREMENT IS ONLY UP TO THE PROPERTY LINE, OR DOES IT HAVE TO EXTEND BEYOND THE PROPERTY LINE? UH, JUST UP TO THE PROPERTY LINE. OKAY. YEAH. 'CAUSE IF THEY, IF THEY DIDN'T HAVE THE 10 FEET, THEN THAT WOULD BE AN ISSUE TAKING IT IN. SO JUST, JUST PUTTING THAT OUT THERE. UM, ANY OTHER QUESTIONS? COMMISSIONER FOR STAFF? UM, CAN YOU JUST REMIND ME WHY ON THE RENEWAL, THE PERMIT WAS NOT APPROVED AS IT WAS IN 2020? CAN YOU PLEASE REPEAT THE QUESTION? COULD YOU TELL ME WHY THE PERMIT WAS NOT RENEWED ON THE RENEWAL? IF IT WAS APPROVED IN 2020? WHAT, WHAT IS THE DIFFERENCE BETWEEN 2020 AND 23? SO TODAY, UM, OUR NEW SHORT-TERM RENTAL TEAM, WE ARE, UM, REVIEWING EACH APPLICATION THOROUGHLY, UM, FOLLOWING THE SHORT-TERM RENTAL ORDINANCE AND THOSE REGULATIONS. AND WE'RE JUST MAKING SURE THAT EVERY PERMIT, UM, MEETS ALL THOSE REQUIREMENTS. AND IT IS ONE OF THE REQUIREMENTS TO PROVIDE ONE OFF STREET PARKING. IT IS JUST SOMETHING, IS THIS SOMETHING THAT HAPPENED? YES. UH, SO WHAT, WHAT'S GONNA HAPPEN NOW IS, UH, WE'RE GONNA DELIBERATE THIS AND, UH, WE'LL SEE HOW THIS TURNS OUT. FILE REBUTTAL. SURE. I MEAN, WE WILL GIVE YOU A MINUTE. IF THERE'S ANYTHING ELSE YOU'D LIKE TO ADD. I'M, I'M JUST REALLY CONCERNED. I I DIDN'T UNDERSTAND ANYTHING THAT YOU ALL SAY. LET'S JUST START WITH THAT. UH, BUT IT SOUNDS LIKE THERE IS POSSIBILITY OF A PARKING [00:35:01] SPACE AND I'M JUST REALLY NERVOUS THAT WE'RE HAVING THIS CONVERSATION AND IT MAY NOT HAPPEN BECAUSE I CANNOT, I'M, I'M NOT TRUSTING BECAUSE AT THE BEGINNING WHEN I WAS GONNA BUY THE HOUSE, I CALL AND THEY SAY, YES, EVERYTHING SEEMS OKAY. AND THEN I GOT THE PERMIT AND THEY SAY EVERYTHING IS FINE. AND NOW I'M HEARING THAT THERE'S GONNA BE, NOW, NOW YOU'RE DOING THE, YOUR JOB, RIGHT? LIKE IT WASN'T DONE RIGHT. THREE YEARS AGO. AND SO I'M REALLY AFRAID THAT I'M HEARING ALL THIS CONVERSATION ABOUT PARKING AND THEN I TRY TO GET UP, NOT THAT I KNOW THAT I HAVE THE MONEY. I MEAN, LIKE, I HAVE NO IDEA HOW MUCH CONCRETE OR STEEL COST OR CUTTING THE CURB CURB. THANK YOU. UM, IT'S, IT'S JUST GIVE ME A LITTLE BIT OF ANXIETY THINKING ABOUT HOW MUCH WILL THAT BE? AND UM, AND THEN IF I GO AND I TRY, LET'S SAY I DO IT ON MY CREDIT CARD, GOD KNOWS, I DON'T KNOW, $10,000, GOD KNOWS. AND THEN I'M IN THIS JOURNEY AND THEN IT TURN OUT TO BE THAT IT'S NOT ABLE TO DO SO FOR WHATEVER REASON. SO I'M JUST GETTING VERY CONCERNED THAT THE, THE JOURNEY HASN'T BEEN STRAIGHTFORWARD. I GOT A YES, BEFORE I BOUGHT THE HOUSE, I GOT A YES ON THE PERMIT. NOW IS NO, NOW WE'RE TALKING ABOUT PARKING. I DIDN'T HEAR THE INDIVIDUAL SAYING YES, SHE CAN HAVE A PARKING. LIKE HE'S JUST LIKE, I THINK IT DOESN'T SOUND LIKE A CLEAR, OKAY, SO THERE'S, THERE'S A, THERE'S A COUPLE THINGS THAT WE CAN DO. UM, AND THIS'LL BE UP TO A, A, A COMMISSIONER TO RECOMMEND SUCH A THING IF THERE'S A CONCERN OF WHETHER OR NOT YOU, YOU PHYSICALLY HAVE THE SPACE. WE COULD CERTAINLY, I I HATE TO CONTINUE CASES, BUT WE CAN HAVE YOU GO OUT AND MEASURE IT, TAKE SOME PICTURES OF THE MEASUREMENT AND, AND SO THAT WAY WE KNOW FOR A FACT WHETHER YOU ABSOLUTELY HAVE NINE FEET MINIMUM FROM THE SIDE OF YOUR HOME, CLEAR TO THE FENCE LINE. UM, THAT'S ONE WAY WE CAN DO THIS. OR THE SECOND WAY IS WE CAN, WE CAN MOVE FORWARD AND, AND MAKE A DECISION BASED ON WHAT WE DO HAVE IN FRONT OF US. UM, I WHAT, WHAT WOULD, WHAT WOULD YOU LIKE, I'M JUST GONNA, STILL A COMMISSIONER HAS TO DO IT, BUT WOULD YOU RATHER TAKE TWO WEEKS, GO OUT THERE AND MAKE A COUPLE MEASUREMENTS, TAKE PICTURES OF IT SO THAT WE KNOW EXACTLY WHAT WE'RE VOTING ON? WELL, WHAT I WILL, LIKE, THE BEST SCENARIO WILL BE TO GET THE APPROVAL. OKAY. BUT WE'RE TO DO THE SHORT TERM. IF THAT'S NOT, IF, IF WE DON'T HAVE A, A POSITIVE VOTE, THEN THE SECOND SCENARIO, WELL, ONCE WE TAKE A VOTE, IT'S OVER. SO THEN YOU HAVE TO WAIT A YEAR BEFORE YOU CAN COME BACK. BUT WHAT, WHAT I'M OFFERING IS, IS THAT IF THIS, THE COMMISSION WOULD MOST LIKELY WANT TO KNOW WHETHER YOU PHYSICALLY HAVE THE ROOM TO PUT A SPACE OR NOT. IF YOU DO HAVE THE ROOM, WE MAY VOTE TO MAKE YOU HAVE A PARKING SPACE. IF YOU DON'T HAVE THE ROOM, THAT WOULD BE A HARDSHIP THAT WE CAN TAKE UNDER CONSIDERATION. OKAY. SO WHERE IF I ASK FOR CONTINUE TWO WEEKS, WE'LL HAVE YOU COME BACK IN TWO WEEKS. OH, YOU MEET EVERY WEEK? EVERY IN TWO WEEKS. OH, I DIDN'T KNOW THAT. YEAH. AND SO WHAT HAPPENS IS THAT IF YOU, IF, IF A CONTINUANCE IS APPROVED, IF YOU WERE TO COME BACK, WE'RE NOT GONNA HAVE A LONG RUNOUT MEETING. WHAT WE'RE GONNA DO IS JUST OKAY. YOU KNOW, WE WANT TO SEE WHAT EVIDENCE, ADDITIONAL EVIDENCE YOU HAVE AND THEN WE'LL AT, AT THAT POINT MAKE A DECISION. COOL. WILL I WORK WITH A GENTLEMAN THAT TALK ABOUT PARKING? SURE. SO HE CAN GIVE ME SOME GUIDANCE OF WHAT IS THAT I'M MEASURING? HE CAN, HE, THERE'S A COUPLE PRINTOUTS I'M SURE HE CAN GIVE YOU TO SHOW YOU WHAT THE SIZE WOULD BE. OKAY, I CAN DO THAT. IS THERE A COMMISSIONER? I'D LIKE TO MAKE A MOTION TO CONTINUE. I'D LIKE TO MAKE A MOTION TO CONTINUE. 2 3 1 0 3 0 0 2 9 8 FOR TWO WEEKS. OKAY. I SECOND. DO WE HAVE A DATE? WE HAVE A DATE. THIS IS DECEMBER 4TH OPEN? YES, SIR. ALL RIGHT. SO I'LL CONTINUE UNTIL DECEMBER 4TH. WELL, I HOPE I HAVE A CAKE BECAUSE DECEMBER 5TH IS MY BIRTHDAY. . MR. CHAIRMAN? YES. COMMISSIONER'S GONNA GO. YEAH. DECEMBER 4TH. SO IT'S UNDERSTOOD THAT WE'RE NOT GONNA GO THROUGH THE SAME PROCEDURE. IT IS TO THE POINT IN TWO WEEKS WE'RE, WE DON'T WANT TO HEAR, YOU KNOW, LONG TESTIMONIES. WE JUST WANNA KNOW WHAT THE MEASUREMENTS ARE. IF SHE HAS THE ROOM, THEN YOU DON'T NEED A VARIANCE. YEAH, IF YOU, WELL, WE CAN, SHE CAN STILL ASK, BUT OH, YOU CAN, BUT IF YOU, YOU REALIZE IF YOU DO HAVE COMMISSIONER, CAN YOU USE YOUR MICROPHONE? THERE'S A MOTION ON IF YOU DO HAVE THE ROOM TO BUILD IT. YEAH, THERE'S A MOTION. YOU DON'T NEED A VARIANCE. YEAH, WE, THERE'S A MOTION. IS THERE A SECOND? YES. I SECOND. SECOND. COMMISSIONER BRAGMAN. ALL IN FAVOR SAY AYE. NAY. AYE. OKAY, WE HAVE A NAY FROM COMMISSIONER DEAN. [00:40:01] UH, THE VOTE. THE MOTION PASSES. OKAY. WE'LL SEE YOU ON DECEMBER 4TH AND, AND WE REALLY JUST WANT TO KNOW DIMENSIONS BEHIND THE SIDEWALK ALL THE WAY UP TO THE HOUSE AS CLEAR AS YOU CAN. OKAY, THANK YOU. THANK YOU. HUH? OH YEAH. WE ONLY HAVE 10, RIGHT? YEAH. UM, 10. WE HAVE 10. UH, WE HAVE COMMISSIONER ZUNIGAS, UH, RECUSING FOR ITEM NUMBER TWO. TIME IS 1 43. AGENDA ITEM TWO, BO OA 23 1 0 3 0 0 2 8 7. ADDRESS IS 97 47 GLABRA ROAD COUNCIL DISTRICT SIX. APPLICANT IS TRIPLE J DRAFTING AND DESIGN. REQUEST A REQUEST FOR ONE A SEVEN FOOT VARIANCE FROM THE 15 FOOT MINIMUM LANDSCAPE BUFFER TO ALLOW AN EIGHT FOOT BUFFER IN THE NORTHERN PROPERTY LINE. AND TWO, AN EIGHT FOOT VARIANCE FROM THE MIN FROM THE 15 MINIMUM LANDSCAPE BUFFER TO ALLOW SEVEN FOOT BUFFER UNDER EASTERN PROPERTY LINE ZONING. THE C TWO CASE SUMMARY, THE SUBJECT PROPERTY LO IS LOCATED ON CLAVER ROAD JUST WEST OF INTERSECTION WITH VILLAGE PARK. THE PROPERTY WAS RECENTLY PLOTTED ON JULY 20TH, 2023. THE FEATURE COMMERCIAL DEVELOPMENT DOES NOT MEET THE LANDSCAPE BUFFER REQUIREMENTS ABUTTING THE RESIDENTIAL USES TO THE NORTH AND EASTERN PROPERTY LINES. THE LANDSCAPE BUFFER VARIANCES ARE LOCATED ON THE NORTHERN PROPERTY LINE AND THE NORTHERN PORTION OF THE EASTERN PROPERTY. LINE ONE B ON SITE PLAN AND THE EAST-WEST RUNNING EXTENSION ON THE EAST PROPERTY. LINE ONE C ON SITE PLAN. THIS IS YOUR SITE PLAN ONE A 7 6 1 B SEVEN SIX N ONE C IS SEVEN EIGHT. THIS IS YOUR SUBJECT PROPERTY. PROPOSED LOCATION OF BUFFER ON THE EASTERN PROPERTY LINE. PROPOSED LOCATION OF BUFFER ON THE NORTHERN PROPERTY LINE AND YOUR SURROUNDING AREA. STAFF RECOMMENDATION LANDSCAPE BUFFER LABELED ONE A AND ONE B STAFF RECOMMENDS APPROVAL AND BO OA 2 3 1 0 3 0 0 2 87 BASED ON THE FOLLOWING FINDINGS, THE PROPOSED DEVELOPMENT LEAVES MINIMAL OPTIONS FOR REARRANGING THE PROPOSED DEVELOPMENT. AND TWO, IT WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT STAFF. RECOMMENDATION LANDSCAPE BUFFER LABELED ONE C STAFF RECOMMENDS DENIAL AND BO OA 23 1 0 3 0 0 2 8 7. BASED ON THE FOLLOWING FINDINGS, THE PROPOSED USE LOCATED ON THE LANDSCAPE BUFFER CAN BE RE RELOCATED OUTSIDE THE REQUIRED LANDSCAPE BUFFER. THE PROPOSED VARIANCE IS CONTRARY TO PUBLIC INTEREST AS IT WILL LOCATE A COMMERCIAL USE CLOSE TO THE RESIDENTIAL PROPERTY LINE NOTIFICATION PLAN. STAFF MAILED OUT 29 NOTICES, ONE IN FAVOR, ZERO IN OPPOSITION. AND GREAT, GREAT NORTHWEST COMMUNITY AND IMPROVEMENT ASSOCIATION DID NOT RESPOND. THIS IS YOUR PUBLIC RESPONSES. AND IT DID GET A LETTER FROM COUNCIL DISTRICT SIX STATING THAT THE NORTHWEST ASSOCIATION, UH, DID NOT HAVE ANY OPPOSITION TO THE VARI TO THE VARIANCE. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. OKAY, QUICK QUESTION. UM, YOU HAVE A 14 FOOT, UH, EASEMENT ACROSS THE FRONT. THERE'S, UH, OVERHEAD POWER LINES AND GUY WIRES IN THAT EASEMENT. UH, WOULDN'T THIS SITE QUALIFY FOR THE FIVE FOOT, UM, BUFFER BEYOND THE 14 FOOT EASEMENT? UH, THAT, THAT WAS CHANGED ON JANUARY 1ST? UH, ONE SECOND. LEMME GET A LANDSCAPE. OKAY. AND I MAY BE MISTAKEN, BUT IT, IT IS, IS THIS THE FRONTAGE ENC LABOR IS NOT IN QUESTION AT ALL. IT'S JUST THE REAR AND THE SIDE, CORRECT. FRONT SIDE. OKAY. [00:45:03] UH, WHILE WE'RE WAITING, I GUESS, IS THERE ANY PUBLIC COMMENTARY OF VOICEMAILS? WE GOT ONE, UH, PUBLIC SPEAKER. IT IS, UM, MR. CHAVEZ. OKAY, WELL HOLD ON. WE'LL HAVE THE, I WANT THE APPLICANT TO COME UP BEFORE I WAS WONDERING MOSTLY IF IT WAS A VOICEMAIL, BUT LET'S HAVE THE APPLICANT COME FORWARD. ARE YOU HERE TO TALK ABOUT LANDSCAPE BUFFERS? YES, SIR. OKAY. SO, UH, WE HAD A QUESTION ABOUT, UM, SO YOU HAVE A BUFFER ON THE REAR THE SIDE AND THIS LITTLE INSET PORTION. THERE'S NO ISSUE WITH COLLIBRA ROAD? NO, NOT THAT WE, NOT FROM WHAT WE, WE'VE SEEN ON THESE, ON THIS ONE. I KNOW PARTS OF COLLIBRA ARE, ARE ALSO, UH, YOU KNOW, TEXAS HIGHWAYS AND I DIDN'T KNOW IF THAT NO, THIS ONE THE, UH, THE ISSUE WAS THE, THE REAR INSIDE SETBACKS. OKAY. UM, ANY QUESTIONS FOR THE, UH, COMMISSIONER REGARDS TO THE SECTION ONE C? THAT SEVEN FOOT EIGHT, I MEAN, THERE SEEMS TO BE LIKE A DRAINAGE EASEMENT THAT WOULD COVER A MAJORITY OF THAT LANDSCAPE BUFFER AREA. IS THAT, HOW WOULD THEY TREAT THAT, THAT BUFFER IF IT'S ALSO LIKE AN IRRIGATION OR A, SO THAT'S, THAT'S THE ISSUE ON THE BACK IS, IS ALSO A CONCRETE DETENTION POND. AND SO WHAT THEY CAN GET FROM, UH, PROPERTY LINE TO THE EDGE OF THE POND IS, IS THAT DIMENSION. SO IT WOULD STILL FALL PROBABLY WITHIN THE DRAINAGE EASEMENT DEPENDING ON HOW WIDE THEY MADE IT, BUT WE WERE LOOKING FOR PLANTING AREA OUTSIDE OF THOSE PONDS. SO THAT'S WHY THE CITY DENIED THAT PORTION OF THE VARIANCE. WELL, IT DIDN'T MEET THE, UH, WE, WE DON'T HAVE PURVIEW OVER THAT. THEY, UH, YOU CAN DO HALF THE WIDTH OF A LANDSCAPE BUFFER AND PROVIDE THE SQUARE FOOTAGE SOMEWHERE ELSE ALONG THAT LU RYAN OR THEY HAVE TO COME TO BOA. WE WE'RE NOT ALLOWED TO APPROVE ANYTHING ELSE. MANNA COMMISSIONER MANNA, IT'S ALSO FOR CITY STAFF HERE. UM, SO WITH REGARDS, IF THE, IF THE LANDSCAPE BUFFER IS REDUCED, ALL THE EXISTING REQUIREMENTS FOR THE AMOUNT OF, OF, UH, LANDSCAPE IN THAT SPACE IS REMAINS THE SAME. IT JUST REDUCES WHERE IT HAS TO BE PUT. IS THAT CORRECT? UNLESS YOU GUYS SPECIFY OTHERWISE. OKAY. BECAUSE THE POND'S A IT'S A CONCRETE WALL POND, CONCRETE LINED BOTTOM, NOT DIRT. RIGHT? CORRECT. OKAY. I, I BELIEVE I'M NOT A HUNDRED PERCENT SURE ON THE BOTTOM OF IT, BUT I KNOW IT IS A DETENTION POND. OKAY. THESE ARE BUILDING, BUT THIS IS A DETENTION POND AROUND THE HOUSE. OKAY. ALL RIGHT. LET'S HAVE THE APPLICANT COME FORWARD. SO THE GENTLEMAN WHO SIGNED UP TO SPEAK IS, UH, FROM THE APPLICANT. LOOKS LIKE IF YOU STATE YOUR NAME FOR THE RECORD. SURE. UH, MY NAME IS MICHAEL RICHARDS. I'M WITH COLLIER ENGINEERING AND DESIGN. AND MR. CHAVEZ, HE'S WITH THE A APPLICANT? YES. UH, I'M RANDOLPH CHAVEZ LANDSCAPE ARCHITECT. OKAY. ALRIGHT. TELL US ABOUT YOUR, YOUR CASE. WELL, BASICALLY THE, THE, THE DENIAL IS BASED ON AREA. I SEE. AND THE OWNER IS, UH, WILLING TO PUT THAT AT 15 FOOT, MOVE THE, UH, UH, DUMPSTER OUT OF THAT AREA TO, IN ORDER TO MAKE THAT FULL WIDTH 15 IN THE AREA OF IC. SO, SO, UH, ONE C CAN BE EXCLUDED FROM THE REQUEST THEN? RIGHT. OKAY. BUT THAT WAS THE ONLY DENIAL THAT WAS PLACED AND WE DISCUSSED IT WITH THE OWNER UNLESS YOU KNOW THERE'S ANY OTHER. AND IS YOUR, IS THAT DETENTION POND CONCRETE LINED ON THE BOTTOM OR IS IT IT IS NOT. IT'S ACTUALLY LANDSCAPING. IT'S GONNA BE GRASS VEGETATED. OKAY. WITH JUST CONCRETE SIDEWALL. CONCRETE SIDEWALLS. CORRECT. OKAY. SO THERE'S, ALL RIGHT. ANY OTHER QUESTIONS FOR THE APPLICANT? ALL RIGHT, HEARING NONE. UM, ANYTHING ELSE YOU WANT TO ADD BEFORE WE MAKE A GO FOR A MOTION? NO. ALRIGHT, I'M LOOKING FOR A MOTION ZUNA COMMISSIONER ZUNA REGARDING CASE NUMBER BOA DASH 23 DASH 0 3 2 87. I MOVE THAT THE BOARD OF ADJUSTMENTS GRANT A REQUEST FOR ONE A SEVEN FOOT VARIANCE FROM THE 15 FOOT MINIMUM LANDSCAPE BUFFER TO ALLOW AN EIGHT FOOT BUFFER ON THE NORTH NORTHERN PROPERTY LINE. AND TWO, AN EIGHT INCH VARIANCE FROM THE 15 FOOT MINIMUM LANDSCAPE BUFFER TO ALLOW A SEVEN FOOT BUFFER ON THE EASTERN PROPERTY LINE. AN INCH, I'M SORRY, 1515 FOOT, I'M SORRY, UH, SITUATED AT 9 7 4 7 CABO ROAD. APPLICANT BEING TRIPLE J DRAFTING A DESIGN BECAUSE A TESTIMONY PRESENTED TO US THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT OUR LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIF. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRACT TO THE PUBLIC INTEREST. PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE PUBLIC INTEREST IS REPRESENTED BY MINIMUM LANDSCAPE BUFFER BETWEEN COMMERCIAL USES AND RESIDENTIAL PROPERTIES. THEY ENSURE THE BUILDINGS DRIVES [00:50:01] AND PARKLAND IS POSITION IS POSITIONED A SAFE AND SUITABLE DISTANCE FROM PROPERTY LINES. STAFF FINDS THAT REDUCE SETBACKS IN THE NORTHERN, UH, LABELED A ON THE SITE PLAN AND THE NORTH PORTION OF THE EASTERN PROPERTY LINE LABELED B ONE ON THE SITE PLAN PROVIDES A SUITABLE DISTANCE FROM THE PROPERTY LINE STAFF FINDS THAT REDUCED LANDSCAPE BUFFER ON THE EAST WEST RUNNING LINE ON THE EASTERN PROPERTY LINE LABELED B TWO ON THE SITE PLAN PROVIDES A SUITABLE DISTANCE FROM THE PROPERTY LINE TWO, DUE TO SPECIAL CONDITIONS, LITERAL AND SPORTS EN ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF FOUND SPECIAL CONDITION EXISTING ON THE PROPERTY OF THE EXISTING DEVELOPMENT AS A LITERAL ENFORCEMENT OF THE ORDINANCE DOES NOT LEAVE ROOM TO, UH, REARRANGE THE REDUCED LANDSCAPE BUFFER LABELED A AND B ONE ON THE SITE PLAN LABELED B TWO ON THE SITE PLAN DUE TO A DUMPSTER LOCATION. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WOULD BE OBSERVED AS SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE INTENT OF THE 15 FOOT LANDSCAPE BUFFER IS TO ENSURE PROPERTY DISTANCE BETWEEN RESIDENTIAL PROPERTY LINE AND COMMERCIAL DEVELOPMENT. THE REDUCED LANDSCAPE BUFFER LABELED AB ONE AND B TWO WILL OBSERVE THE SPIRIT OF THE ORDINANCE AS DEVELOPMENT WOULD BE A CHALLENGE TO REARRANGE, LEAVE REARRANGE AT LEAST SUFFICIENT ROOM FOR THE RESIDENTIAL PROPERTY LINE FOUR, THE VARIANCES WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE VIA SUCH VARIANCE, WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF IN ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THE PROPERTY'S LOCATED. IF GRANTED THE REDUCED LANDSCAPE BUFFER LABELED AB ONE AND B TWO WILL, WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CORNING PROPERTY AS IT WILL LEAVE SUFFICIENT ROOM FOR THE PROPERTY AND, AND WHILE NOT ALTERING THE ESSENTIAL CHARACTER OF THE DISTRICT. AND SIX, THE APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SIZE IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND NOT MERELY FINANCIAL, NOT DUE TO OF THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF LINES APPLIED TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE LABELED AB ONE AND B TWO IS SOUGHT, IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. UH, THE DEVELOPMENT PROVIDES LIMITED OPTIONS TO REARRANGE THE DEVELOPMENT AND MEET THE REQUIRED LANDSCAPING BUFFERS AND OF MOTION. SECOND. SECOND BY COMMISSIONER BRAGMAN. COMMISSIONER ZU? YES. SO I'M SUPPORTING THE STAFF RECOMMENDATION AS WELL. UH, THE, UM, TESTIMONY PRESENTED SHOWS THAT OUR TESTIMONY PRESENTED, UH, IS THAT THE, UH, THE LANDSCAPE MATERIAL WOULD BE THE SAME WHETHER IT'S A FULL, UH, UH, 15 FOOT BUFFER OR THE, THE MODIFIED BUFFER. SO THAT LANDSCAPE WILL BE IN PLACE AND I THINK IT'S A GOOD, UH, SOLUTION HERE TO PROVIDE THE DEVELOPMENT. COMMISSIONER BRACKMAN, I CONCUR WITH MY COLLEAGUE. I'LL BE IN SUPPORT OF THE MOTION. ANY OTHER COMMISSIONS LIKE TO ADD MANNA? COMMISSIONER MANNA? UM, DO WE NEED TO ADD ANYTHING WITH REGARDS TO THAT? UH, THIS EXCLUDES C PER THE PER THE DIAGRAM DIALOGUE, UM, IN THE MOTION ITSELF. COMMISSIONER ZUNA, UH, DID YOU WANT THE, THE APPLICANT HAS STATED THAT, THAT IF ONE C WAS DENIED THEY CAN MOVE THE DUMPSTER AND AND STILL ACCOMMODATE THE BUFFER. HE SAID IT IN HIS DUMPSTER. YOU DID? OH, WELL THERE WAS NO MENTION OF DUMPSTER. YEAH, REARRANGE THE DUMPSTER THAT WAS MENTIONED IN. OKAY, SO SUFFICE. YEAH, JUST AS LONG AS WE UNDERSTAND THAT AND IT'S UNDERSTOOD. SO THANK YOU. ALRIGHT. UH, IF THERE'S NOTHING ELSE, UH, I'LL BE IN, I JUST WANTED TO ADD, THAT'LL BE IN SUPPORT BECAUSE YOU'RE GONNA HAVE A LANDSCAPE DETENTION BASIN, UH, IN ADDITION TO THE LANDSCAPE AREA BUFFER. SO I'M, IT'LL ALL BE EARTH TO ME, SO I'LL BE IN FAVOR. STAFF, HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER UNA? YES, I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BURTON. I CONCUR. COMMISSIONER KAPLAN? I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER MANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES. I CONCUR. CHAIR ORIAN AND I CONCUR THE FINDINGS OF FACT. MOTION PASSES, UH, UNANIMOUSLY. CONGRATULATIONS. THANK YOU. UH, THANK YOU. ALL RIGHT, NEXT ITEM. ITEM FOUR, MR. THEY'RE COMING BACK. OH, I APOLOGIZE. UH, ITEM THREE. UH, AND SOMEONE CAN, IF SOMEONE COULD GO GET COMMISSIONER UNI, THEY, THEY'RE GETTING HIM. THANK YOU. OKAY. WAS COMMISSIONER BUNIA ALSO GONNA BE HERE TODAY OR, OR NO? UH, HE WAS SUPPOSED TO BE HERE TODAY, BUT IT HASN'T SHOWN UP YET. OKAY. , I BELIEVE WE'RE ON ITEM NUMBER THREE, RIGHT? YES. ITEM NUMBER THREE. ITEM NUMBER THREE IS BO OA DASH 23 DASH 1 0 3 0 1 64. ADDRESS IS 1 1 5 MILTON STREET IN CITY COUNCIL DISTRICT TWO. UH, THE APPLICANT IS RAUL GARZA AND THE REQUEST IS FOR ONE A NINE FOOT VARIANCE FROM THE MAXIMUM 15 FOOT NCD SIX CURB CUT REQUIREMENT TO ALLOW A CURB CUT TO BE 24 FEET TO A TWO PARKING SPACE VARIANCE FROM THE MINIMUM FOUR TO ALLOW FOR TWO UNITS IN THE NCD. SIX TO HAVE TWO PARKING SPACES. THREE AN EIGHT INCH VARIANCE FROM THE MAXIMUM TWO FOOT SIX INCH DRIVEWAY RIBBON REQUIREMENT TO ALLOW A THREE FOOT, TWO INCH DRIVEWAY RIBBON [00:55:01] AND FOUR, A THREE FOOT 11 INCH VARIANCE FROM THE MINIMUM FOUR FOOT NCD SIX FRONT WALKWAY STANDARD TO ALLOW THE SEPARATE THE SEPARATION DISTANCE OF A FRONT WALKWAY TO BE ONE INCH AND FIVE A 12 FOOT VARI FROM THE MAXIMUM 12 FOOT DRIVEWAY WIDTH REQUIREMENT TO ALLOW A DRIVEWAY TO BE 24 FEET IN WIDTH. AND THE CURRENT ZONING IS MF 33 MULTIFAMILY DISTRICT. THE SUBJECT PROPERTY IS LOCATED AT ONE 15 MILTON STREET, NEAR NATAL AVENUE WITHIN THE BOUNDARIES OF THE MANKEY PARK NEIGHBORHOOD CONSERVATION DISTRICT. THE PROPERTY WAS ONCE A PART OF 1 5 4 CLAREMONT AVENUE AND WAS REPLANTED IN 2022 TO CREATE ONE 15 MILTON, THE STRUCTURE WAS DESIGNED AND RECEIVED A BUILDING PERMIT BASED ON A PLAN TO HAVE TWO PARKING SPACES IN THE REAR, UM, HAVING ALLEY ACCESS FOR BOTH PARKING SPACES WITHIN THE BACKYARD OF THE NEW LOT. AFTER FURTHER REVIEW FROM OUR STREET'S DIVISION, IT WAS NOTED THE APPLICANT WOULD NOT BE ABLE TO USE THE ALLEY, UH, TO HAVE A, AN EFFECTIVE TURNING RADIUS TO ACCOMMODATE THE PARKING AFTER RECONFIGURATION OF THE SITE PLAN, THE APPLICANT NEEDED TO OBTAIN MULTIPLE VARIANCES TO DEVIATE FROM THE MANKEY PARK AND D UM, DESIGN REQUIREMENTS. THE APPLICANT IS REQUESTING A VARIANCE FROM THE NCD SIX MAXIMUM CURB CUT OF 15 FEET TO ALLOW A CURB CUT TO BE 24 FEET. ADDITIONALLY, A TWO PARKING SPACE VARIANCE FROM THE MINIMUM FOUR TO ALLOW FOR, UH, TWO UNITS TO HAVE TWO PARKING SPACES, AN EIGHT INCH VARIANCE FROM THE MAXIMUM TWO FOOT SIX INCH DRIVEWAY RIBBON TO ALLOW A THREE FOOT, TWO INCH DRIVE RIBBON, A THREE FOOT 11 INCH VARIANCE FROM THE MINIMUM FOUR FOUR FOOT ENTITY, SIX FRONT WALKWAY STANDARD TO ALLOW THE SEPARATION DISTANCE OF A FRONT WALKWAY AND TO BE, I'M SORRY, TO BE ONE INCH AND A 12 FOOT VARIANCE FROM THE MAXIMUM 12 FOOT DRIVEWAY WIDTH REQUIREMENT TO ALLOW FOR A DRIVEWAY TO BE 24 FEET IN WIDTH. OKAY. SO ONE QUICK QUESTION. I KNOW THE NCD HAS A 15 FOOT MAX, BUT DOESN'T CITY CODE, UH, HAVE A MAX RESIDENTIAL DRIVEWAY WIDTH OF 20 FEET? I SEE SOMEONE AT STAFF NODDING YES. RESIDENTIAL AND MAX IS 20 FOOT AND THEY'RE ASKING FOR FOUR FEET MORE THAN THE MAX. OKAY. THAT WOULD REQUIRE AN ADMINISTRATIVE, UH, EXCEPTION ON THE TRAFFIC SIDE. SO WHEN DID, SO IF WE WERE TO APPROVE THIS, THEY'D STILL HAVE TO GO TO YOUR DEPARTMENT FOR AN ADMINISTRATIVE EXCEPTION? YES, SIR. ALL RIGHT. JUST PUTTING THAT OUT THERE. UH, ANY OTHER QUESTIONS FOR STAFF? EXCUSE? WHAT WOULD BE THE CRITERIA FOR STAFF TO REVIEW? THE WHAT IN WHAT, IN WHAT CRITERIA WOULD YOU REVIEW TO APPROVE, UH, WIDTH OVER THE MAX? UM, JUST THE, THE PURPOSE OF IT AND THE REASONING BEHIND IT. WHY THEY NEEDED IT LARGER WAS IT TO, UH, ACCOMMODATE CERTAIN THINGS. AND HONESTLY, THE, IF THE BOARD APPROVED IT, THAT WOULD WEIGH IN OUR FACTOR AS WELL, THAT IT WAS APPROVED BY, BY A BOARD AND WE'D, WE'D LOOK AT IT. AND WHEN YOU WERE EVALUATING THIS CASE, UH, DID YOU DETERMINE WHETHER THEY COULD HAVE TWO DRIVEWAYS INSTEAD OF ONE BIG ONE? UM, LET'S SEE, MARCO, UH, SO THIS IS THE PLANS THAT THEY TURNED IN WITH THE THREE. SO ORIGINALLY WE WERE, THEY HAD THE TWO DRIVEWAYS, BUT NOW THEY HAVE THREE PARKING SPACES THAT THEY'RE SHOWING. UM, SO THE REQUEST, AND WE'LL GET CLARIFICATION FROM THE APPLICANT, THEY WOULD ONLY NEED THE THREE PARKING SPACE VARIANCE, UM, TO HAVE THE, UH, UH, PARKING SPACE FOR THREE. OKAY. WELL, THAT, I WAS TRYING TO FIGURE OUT WHY THEY NEEDED 24 FEET FOR TWO SPACES, BUT WE'LL HEAR FROM THE APPLICANT. UH, IS THERE ANY OTHER QUESTIONS BEFORE WE HAVE THE APPLICANT COME UP? OH YEAH. AND COMMISSIONER ZUNIGA HAS RETURNED TWO O'CLOCK. UH, LET'S HAVE THE APPLICANT COME FORWARD PLEASE. HOW YOU DOING, SIR? SO, JUST SO YOU KNOW, WE HAD, UH, AS YOU DO YOUR PRESENTATION, WE, WE, WE HAVE AN ISSUE OF WHETHER YOU HAVE THREE PARKING SPACES, SO YOU DON'T NEED A TWO SPACE VARIANCE FROM THAT. AND THEN ALSO, UH, WHY YOU COULDN'T HAVE MULTIPLE DRIVEWAYS, UH, IF YOU COULD MAKE THAT PART OF YOUR PRESENTATION. YEAH. UH, WHAT, WHAT ENDED UP HAPPENING? WE WAS TRYING TO ACCOMMODATE THE KIND OF AREA OF THE WAY IT LOOKS. SO WE DECIDED TO TRY TO GO WITH A BIGGER DRIVEWAY WITH THREE PARKING SPOTS. SO THAT ONE BIG, I DON'T KNOW IF Y'ALL HAVE THE, THE NEW PLANS THERE. IF NOT, I GOT IT HERE AND ZOOM IN A LITTLE BIT. ROLL THAT UP JUST A LITTLE BIT. [01:00:08] THIS AS BIG AS IT'S GONNA GET AND, UM, THAT IS THE BIGGEST THAT WE CAN GET IT. OKAY. SO THE, THE LARGER STRIP THERE WAS MEANT TO PARK TWO CARS FROM THE SMALLER STRIPS. SO CAN YOU POINTER PLEASE? LEMME SEE IF I GOT THE POINTER HERE. GOT IT. IT'S NOT DOING ANYTHING. I THOUGHT WE RAN OUTTA BATTERY. STEPH, CAN YOU ALSO PUT THIS ON OUR MONITORS TOO? THANK YOU. I CAN WANT TO WALK UP TO IT IF YOU WANT ME TO. UH, WE WOULD LOVE TO KNOW MORE, AS MUCH AS WE CAN ABOUT YOUR PROJECTS. EXCELLENT. WE GOT IT. WE GOT GOT IT. OH, WE GOT IT. WE GOT ONE. SO BASICALLY THAT, THAT ONE RIGHT THERE IS A LITTLE BIT BIGGER. IT'S GONNA BE, UH, THREE FOOT SIX INCHES. SO WAS MEANT TO PARK, UH, THE WHEELS OF ADJACENT CARS. SO BASICALLY ONE CAR ON ONE SIDE AND ONE CAR ON THE OTHER SIDE TO GIVE US THREE SPOTS. CAN YOU SHOW US WHAT RIGHT THERE THAT IS THE COMMISSIONER. CAN YOU USE YOUR MICROPHONE PLEASE? YEAH. COMMISSIONER KAPLAN. EXCUSE ME. CAN YOU, UM, WHEN YOU'RE POINTING, TELL US AGAIN WHAT YOU JUST SAID ABOUT THE PARKING. ALRIGHT. THAT ONE RIGHT THERE IS MADE A LITTLE BIT BIGGER. SO THE PARK, THE CAR WHERE THERE'LL BE PARKING ON THAT SPOT THERE, WE'LL PUT ONE WHEEL THERE AND THAT ONE THAT'S PARK IN THERE, WE'LL PUT ONE WHEEL THERE. SO IT WAS MADE A LITTLE BIT WIDER TO BE ABLE TO ACCOMMODATE TWO CARS WITH ONE STRIP. YEAH. ON THE STAFF PRESENTATION WE HIGHLIGHTED THE THREE PARKING SPACES BASED ON THIS CONFIGURATION. IF YOU WANT TO GO TO THAT SCREEN, UH, GO UP ONE MORE. UH, YEAH. SEE THAT HAS THE, UH, THE EXTENDED, UH, RIBBON THAT HAS GONNA HAVE ONE LEFT TIRE FOR ONE AND ONE LEFT TIRE OR ONE RIGHT TIRE FOR THE OTHER VEHICLE. CORRECT. ALRIGHT. SO WHAT ENDED UP HAPPENING WHEN WE, UH, REDID, WE MET WITH THE HOMEOWNER ASSOCIATION OR WITH THE NCD PEOPLE AND THEY WERE CONCERNED ABOUT THE SIDEWALK. SO THE SIDEWALK'S STILL EXISTING. UH, IT CAN STAY. SO WE REMI REDID THE PLAN SHOWING THE EXISTING SIDEWALK'S GONNA STAY THERE. THAT'D BE THAT RIGHT THERE. HOW MANY UNITS ARE IN THIS BUILDING? TWO, TWO UNITS IN THE BUILDING. AND YOU'RE DOING THREE PARKING SPACES FOR THE TWO? CORRECT. SO WE WERE, WE NEEDED VARIANCE FOR ONE SPOT. OKAY. WHY? AND YOU NEED FOUR SPACES. THEY SAID WE NEEDED TWO, TWO SPACES FOR EACH UNIT. THE NCD GUIDELINES. OH, THE NCD. OKAY. YEAH. SO I HAVE A QUESTION. UH, IT SAYS, ORIGINALLY YOU PLANNED SPACES IN THE REAR OF THE BUILDING, BUT YOU SOLD OFF THE BACK LOT OF THE BACK. IT SAYS THERE WERE TWO LOTS ORIGINALLY IN THIS AND THE BACK LOT GOT SOLD AND YEAH, HE CAN, HE CAN EXPLAIN A LITTLE. HE'S A, HE'S THE OWNER SO HE CAN EXPLAIN A LITTLE BIT BETTER ON WHAT HAPPENED THERE. BUT BASICALLY WHAT HAPPENED WAS THAT 1 54 CLAREMONT WAS THE ORIGINAL PROPERTY OWNER THERE. THAT WAS A LITTLE CASITA THAT WAS THERE. UH, WE REPLANTED THAT TO GET A SEPARATE ADDRESS TO BE ABLE TO BUILD ON THAT. SO INSTEAD OF HAVING THE 1 54 CLAREMONT, WE CHANGED THAT. IT'S THE 2,500 SQUARE FOOT LOT. 50 BY 50. OKAY. BUT WHAT I DON'T UNDERSTAND IS IF YOU KNEW YOU DIDN'T HAVE ENOUGH ROOM FOR THIS, THE TWO PARKING SPACES IN THE REAR, AND YOU WENT AHEAD AND YOU BUILT THIS BUILDING, IT LOOKS LIKE IT'S MOSTLY CONSTRUCTED. NOW WHY DID YOU DO THAT? WAS IT WITH THE THOUGHT THAT YOU WOULD GET THIS VARIANCE? CAN YOU, CAN YOU EXPLAIN TO HER? YEAH, SURE. OKAY. I, I GOT THE PLAN FROM THE ARCHITECT [01:05:02] AND UH, BASICALLY I GOT THE PERMITS FROM THE CITY AND THEY TOLD ME GO AHEAD AND BUILD. SO I STARTED TO BUILD, BASICALLY, THAT'S WHY THEY TOLD ME GO AHEAD AND BUILD. YEAH. SO THEY ISSUED YOU A, AN ACTUAL PERMIT? YES. OKAY. STAFF. STAFF. CAN YOU EXPLAIN HOW HE GOT A BUILDING PERMIT? I'M PULLING UP HIS BUILDING PERMIT RIGHT NOW. HOW ABOUT, I BELIEVE IT HAD TO DO WITH SOMETHING ABOUT THE PARKING IN THE REAR, UM, WHERE THEY COULDN'T TURN THE VEHICLES AROUND, BUT I'M PLUGGING IT UP RIGHT NOW. AND MANANA D MANANA, UH, CAN YOU ZOOM IN A LITTLE BIT FURTHER ON THIS PICTURE? 'CAUSE I'M TRYING TO UNDERSTAND, YOU KNOW, SO THERE'S DIALOGUE ABOUT NOT BLOCKING THE SIDEWALK. UM, BUT IS THERE ONLY 10 FEET BETWEEN THE SIDEWALK AND THE HOUSE? I'M TRYING TO, UH, RESOLVE WHAT THE DISTANCE THERE FROM THE SIDEWALK TO THE, UM, I GUESS THAT FRONT YARD, WHAT THE DIS WHAT THE LENGTH OF THE FRONT YARD IS. SHOULD BE 21 FOOT TO THE SIDEWALK. YEAH, THERE'S, IT'S, I GOT A DIMENSION OF 14 FEET FROM THE BACK OF THE SIDEWALK TO A DASH SETBACK LINE. IS THAT ON THE ONE DRAWING YOU HAVE? YEAH, THAT WAS WRONG. OKAY. SO YOU HAVE 2121 FEET. OKAY. THAT'S DRAWING ONE FEET. SO YOU'LL SEE THE FOUR FEET UP. IT'S GOT, SIR, CAN YOU SPEAK IN THE MICROPHONE? WE'RE LIVE STREAMING THESE MEETINGS. IT'S GOT A, IT'S GOT A COVER UNDERNEATH WHERE THEY CAN PARK UNDERNEATH THERE. SO IT GIVES AN ADDITIONAL SIX AND A HALF FEET. OKAY. AND THE ALLEY, IS IT, IT IS NOT A DRIVABLE ALLEY, IT'S A DRIVABLE ALLEY, BUT YOU CAN'T TURN, IT'D BE A 90 DEGREE TURN TO TURN INTO THE BACK PART OF IT. TRY TO PARK THERE. OKAY. MANNA COMMISSIONER MANANA. SO, UM, SO RIGHT NOW WE'RE TALKING ABOUT, UM, TWO, UM, UH, GRASS CUTS, I GUESS OR GRASS LANES, UH, FOR, FOR OR THREE GRASS LANES FOR PARKING. CORRECT. IS THERE A REASON WHY THERE CAN'T BE FOUR? SO TWO IN FRONT OF EACH? YEAH, WE CAN DO FOUR. YEAH, WE WERE JUST TRYING TO KEEP THE LANDSCAPING PART OF IT. I MEAN, IF THAT'S THE CASE, YOU MIGHT AS WELL JUST PUT TWO DIFFERENT DRIVEWAYS AND PUT TWO ON EACH SIDE. RIGHT. THAT'S WHERE, THAT'S WHERE I WAS GOING. SO THAT'S FEASIBLE. AND THEN, THEN YOU WOULD NEED THE DRIVEWAY VARIANCE AND YOU WOULDN'T NEED THE PARKING VARIANCE. UM, AND THERE'S THERE, THERE'S NO LARGE TREES OR ANY UTILITIES THAT ARE, THAT'S IN THE WAY? NOPE. ALRIGHT. STAFF, IS THERE ANY ISSUE WITH, WITH THEM PURSUING THAT SORT OF ROUTE AS OPPOSED TO A BIG WIDE DRIVEWAY? UH, KEITH YOU SAY THAT ONE MORE TIME. WHAT WAS, UH, YEAH, IT WAS BROUGHT UP TO, UH, POTENTIALLY PUT TWO DRIVEWAYS WITH TWO PARKING AT EACH, ON EACH DRIVEWAY. UH, WE, WE HEAR TESTIMONY THAT THERE'S NO UTILITIES OR TREES IN THE WAY. UH, STOPPING THAT IS, WOULD THAT BE IN ANY VIOLATION TO HAVE TWO DRIVEWAYS THAT ARE 15 FEET WIDE? UH, ONE IN FRONT OF EACH UNIT? AND THAT WOULD BE RIBBON CUTS. SO RIBBON CUTS? YES. RIBBON CUTS. UH, SO THE NCD DOES HAVE LANGUAGE THAT PREVENTS, UM, LOTS UNDER A CERTAIN SIZE TO HAVE MULTIPLE DRIVEWAYS. OKAY. UM, WHICH IS ONE OF THE VARIANCES THAT WAS NOT ASKED FOR BECAUSE, UM, THAT'S NOT WHAT THE CURRENT PLAN WAS. ALRIGHT. COMMISSIONER MANNA, YOU STILL THE FLOOR? SO I GUESS I'D ASK, YOU KNOW, SO THE, WE'RE DELINEATING IN THE NCD RIGHT NOW AS FAR AS, I GUESS THE LESS OF IMPACT, YOU KNOW, TO, TO THE NCD ITSELF. AND SO, SO IT SOUNDS LIKE, I, I GUESS CAN YOU RE-EXPLAIN WHAT IT IS WITH REGARDS TO, UM, THESE TWO UNITS HAVING TWO SEPARATE DRIVEWAYS VERSUS THE VERSUS THREE? I MEAN, WE'RE STILL IN, WE'RE STILL IN DIALOGUE WITH THE NCD RIGHT? IN CONFLICT. RIGHT. SO THE, THE ORIGINAL REQUEST WAS FOR A TWO PARKING SPOT VARIANCE BECAUSE WE WERE UNDER THE IMPRESSION THEY NEEDED, UM, THEY WERE ONLY GONNA HAVE TWO PARKING SPACES, HOWEVER, THE SITE PLAN THEY SUBMITTED IS SHOWING THREE PARKING SPACES. SO NOW, UNLESS THEY ARE GONNA DO SOMETHING DIFFERENT FROM THEIR SITE PLAN, UM, THEY WOULD ONLY NEED TO HAVE A ONE PARKING SPOT VARIANCE TO HAVE THREE, UH, PARKING SPACES. BUT THEY, OKAY. THANK YOU. ANY OTHER QUESTIONS? ALL RIGHT. IS THERE ANY, UH, ARE THESE, CAN, CAN YOU TELL ME, THESE ARE RENTALS, I TAKE IT. THEY ARE NOT RENTALS AT THIS POINT, SO FINISH IT WHEN YOU, UH, DO YOU PLAN TO MAKE THEM RENTALS? YES. YES. AND HOW MANY BEDROOMS? UH, THREE BEDROOMS EACH ARE THREE BEDROOMS. SO YOU'RE ASSUMING FAMILIES WILL PROBABLY NEED TWO CARS? WELL, OKAY. UH, IS THERE ANY ONE, I'M [01:10:01] SORRY. AND, AND SO THE CITY'S PERSPECTIVE, UM, SO IF THIS WAS NOT IN THE DISTRICT, WOULD TWO RIBBON CUTS BE APPROPRIATE ON THIS PROPERTY? UM, WOULD THAT BE PERMITTED OR, OR DIALOGUE? UH, THERE WAS NO COMMENT FROM THE TRAFFIC SECTION ABOUT THAT BESIDES WHAT WAS IN THE NCB. ADDITIONALLY, IF IT WASN'T AN NCB, THEY WOULD ONLY NEED TWO PARKING SPACES. UM, AND THEN THE OTHER VARIANCE FOR THE RIBBON LENGTH IS ALSO COMING FROM THE NCB. UM, SO NONE OF THE, AND OBVIOUSLY THE WALKWAY, NCB, SO ALL OF THESE ARE DERIVED FROM THE N-C-B-N-C-D, SORRY, BRAGMAN COMMISSIONER BRAGMAN. UM, SO THIS IS FOR STAFF AS WELL. IF WE WERE TO ALLOW THEM THE FOUR TWO DRIVEWAYS WITH FOUR RIBBON, UH, DRIVEWAYS, WOULD THAT AFFECT THE, UH, AMOUNT OF IMPERVIOUS SURFACE? UH, THE IMPERVIOUS SURFACE DOES NOT APPEAR TO BE ANY ISSUE. UM, HOWEVER, THE MULTIPLE DRIVEWAYS WOULD BE SOMETHING THAT THEY WOULD HAVE TO REQUEST A SPECIFIC, UM, IT HAD TO BE VERY ADVERTISED, CORRECT. YEP. ALRIGHT. SO IS, BEFORE WE MOVE ON ANY FURTHER, IS THERE ANYONE SIGNED UP TO SPEAK OR ANY, UH, VOICEMAILS? WE HAVE FIVE VOICEMAILS AND FOUR SPEAKERS. OKAY. SO WHAT WE'RE GONNA DO IS WE, I THINK WE HEAR, HEAR ENOUGH ABOUT, YOU KNOW, WHAT'S GOING ON HERE. SO WE'RE TO ADD ONE MORE. YES, PLEASE. GO AHEAD. ABOUT THIS THING. BASICALLY ALL AROUND ME, THEY'RE ALL IN FAVOR. AND THIS MORNING AT NINE O'CLOCK, THE GUY GAVE ME THE LAST GUY THAT I WAS LOOKING FOR, AND BASICALLY I HAVE NO PETITION. NOBODY'S COMPLAINING AROUND ME. YOU CAN GIVE THAT TO STAFF. WE, UH, MAKE IT, MAKE IT PART OF THE WAY. YOU CAN GIVE FIVE MORE. YEAH. ALL RIGHT. SO LET'S START GOING THROUGH THE VOICEMAILS AND THEN WE'LL HAVE THE SPEAKERS COME UP. COMMENT, UH, YOU WANNA START WITH THE VOICEMAILS? IF THERE'S AN ISSUE, WE CAN GO TO THE SPEAKERS. OKAY. UH, WE'LL START WITH THE, UH, PEOPLE SIGNING UP TO SPEAK. ALL RIGHT. UH, MRS. GEARY, I UNDERSTAND. ARE YOU GIVING UP YOUR TIME TO SOMEBODY? TO WHO? OKAY. UM, OKAY, MR. GRIMES, UH, GO AHEAD. YOU HAVE FOUR MINUTES. WE GOT TWO MORE SPEAKERS THAT EVERY WELL WE HAVE, WE CAN HAVE TWO YIELD. IS IT TWO OR THREE? IS ANYBODY ELSE GIVING UP THEIR TIME TO MR. GRIMES? OKAY. SO WE HAVE THREE YIELDING TO MR. GRIMES, BUT THERE'S, BUT THE MOST IS TWO CORRECT OR CORRECT. OKAY. SO IF ONE OF Y'ALL WOULD STILL LIKE TO, TO SPEAK, YOU CAN. MR. GRIMES, YOU HAVE SIX MINUTES, SHOULD HAVE NINE. AND, UH, WHAT WAS YOUR NAME, SIR? THAT WAS GIVEN UP THERE? TIME IN THE BACK ROW, I TAKE IT. SO, WHICH YOU HAVE THE TWO THAT ARE GIVING UP. OKAY. YES, SIR. SO, AND I, SO I'LL GET NINE MINUTES, RIGHT? SURE. THERE ARE TWO. YEAH. I DID NOT ANNOUNCE A REDUCTION, BUT, UH, GO AHEAD AND TAKE NINE MINUTES. OKAY, THANKS. MY NAME'S GEORGE GRIMES AND I LIVE AT FOUR 15 PARLIN PLACE. UM, AND I'M REPRESENTING THE MANKEY PARK PARK NEIGHBORHOOD ASSOCIATION TODAY TO, BY WAY OF INTRODUCTION, I'VE BEEN A MEMBER OF THE NEIGHBORHOOD ASSOCIATION SINCE IT WAS FORMED IN 1979. I'VE SERVED TWO NON, UH, CONTIGUOUS TWO YEAR TERMS ON THE BOARD OF DIRECTORS IN THREE TERMS AS PRESIDENT OVER THE LAST 44 YEARS. I WAS ON THE PLANNING TEAM FOR THE ORIGINAL NEIGHBORHOOD PLAN IN 1983, AND THEIR PLAN REVISION IN 2001. AND MORE APPROPRIATE TO THIS, I WAS ON THE PLANNING COMMITTEE FOR THE NEIGHBORHOOD CONSERVATION DISTRICT THAT WAS ADOPTED IN 2008, AND THE REVISION THAT WAS ADOPTED, ADOPTED IN, UH, 2019. I'VE SERVED ON THE NEIGHBORHOOD ASSOCIATION LAND USE COMMITTEE ON AND OFF FOR 44 YEARS, AND I'M SERVING AGAIN THIS YEAR. I WANNA THANK THE BOARD FOR [01:15:01] POSTPONING, UH, THE HEARING ON THIS, UH, THAT WAS SET FOR JULY THE 10TH TO GIVE THE, UH, APPLICANT'S, UH, CHANCE TO MEET WITH THE NEIGHBORS. WE DID, UH, MEMBERS OF THE LAND USE COMMITTEE DID, UH, MEET WITH THE APPLICANT ON, UH, JULY THE 18TH, AGAIN ON OCTOBER THE 25TH, AND AGAIN, LAST WEEK ON NOVEMBER THE 14TH. AND AFTER EACH OF THESE MEETINGS, THE MPNA NOTIFIED THE OWNERS OF ITS OBJECTIONS TO THE VARIANCES. THERE'S BEEN NO SUBSTANTIVE CHANGE TO THE, THE, UH, PLAN, UH, COMING OUT OF THOSE MEETINGS EXCEPT THAT THEY DELETED ONE PARKING PLACE IN THE FRONT OF THE HOUSE. I WANT TO GIVE YOU A LITTLE BIT OF HISTORY ON THIS PROPERTY. THE APPLICANT'S PURCHASED 1 54 CLEARMONT IN MAY OF 2022. AND DO WE HAVE THE, THE SLIDE? YES. OKAY. SO THAT, THAT'S THE PROPERTY THAT THAT WAS PURCHASED. AND YOU CAN SEE THIS, UH, UH, PROPERTY THAT'S JUST BEEN BUILT IS BEHIND THAT, BUT THAT'S A DUPLEX. UH, AND THEN, THEN THE OWNER REPLANTED THE, AND AT THAT TIME, THIS, THIS PROPERTY WENT ALL THE WAY FROM CLAREMONT TO THE ALLEY. THAT'S BETWEEN CLAREMONT AND NALINE. SO THERE WAS A, A PARKING SP, THERE WERE PARKING SPACES IN THE BACK OF THAT DUPLEX. THE APPLICANTS REPLANTED THE PROPERTY TO CREATE A NEW, UH, PLOT, A NEW, UH, TRACT BEHIND THIS HOUSE. AND THAT TRACK FACES, UM, UH, UM, MILTON, WHICH IS THE, THE SIDE STREET OTHER, OTHERWISE, THIS IS A CORNER, UH, HOUSE. AND YEAH, AND THAT'S, THAT'S THE, THE PROPERTY THAT THEY'VE BUILT. SO AFTER REPLANTING THE PROPERTY, UH, THEY HAD A TWO UNIT STRUCTURE DESIGN, RECEIVED A BUILDING PERMIT, AND BEGAN CONSTRUCTION. AS YOU CAN SEE, THE APPRO CONSTRUCTION IS APPROACHING COMPLETION. IT IS OUR VIEW THAT THE OWNER KNEW OR SHOULD HAVE KNOWN BEFORE WE BEGAN CONSTRUCTION, THAT THE PROJECT DID NOT CONFORM TO THE REQUIREMENTS OF THE NEIGHBORHOOD CONSERVATION DISTRICT. UH, SPECIFICALLY THE NCD REQUIRES PARKING FOR A MINIMUM OF TWO VEHICLES PER DWELLING UNIT PROHIBITS CURB CUTS EXCEEDING 15 FEET IN WIDTH, EXCEPT AT CORNER LOTS PROHIBITS MORE THAN ONE CURB CUT IN EACH 75 FEET OF STREET FRONTAGE PROVIDES THAT DRIVEWAY SHOULD BE NOT LESS THAN EIGHT FEET IN WIDTH, AND NOT MORE THAN 12 FEET IN WIDTH, AND REQUIRES A FRONT WALK SEPARATED FROM THE DRIVEWAY BY AT LEAST FOUR FEET. THE DRAWINGS SUBMITTED BY THE OWNER FOR THE BUILDING PERMIT SHOWED PARKING FOR TWO CARS IN THE BACKYARD. THESE WOULD BE ACCESSED BY THE ALLEY TO THE SOUTH OF THE LOT. AT THE JULY 10TH MEETING, THE OWNER'S REPRESENTATIVE SAID THIS WAS NOT FEASIBLE BECAUSE OF A UTILITY POLE THAT BLOCKED ACCESS TO THE DRIVEWAY. HOWEVER, IN MEETINGS WITH THE DEVELOPER, THEY ACKNOWLEDGED THAT IT NEVER WOULD'VE BEEN POSSIBLE TO PARKED CARS BEHIND THE HOUSE BECAUSE THE ALLEY'S ONLY 10 FEET WIDE. THE BACKYARD'S ONLY 10 FEET WIDE, AND THERE'S NOT ENOUGH RADIUS TO TURN A CAR INTO THAT PARKING SPACE. IN ADDITION, THE ORIGINAL PROJECT PLAN SHOWED PARKING FOR FOUR CARS IN FRONT OF THE HOUSE, WHICH WOULD'VE VIOLATED THESE, UH, UH, PROHIBITIONS ON CURB CUTS. NOW, I WANT TO, I WANNA TALK A LITTLE BIT ABOUT THE NCDI WAS ON THE ORIGINAL PLANNING COMMITTEE, AND, AND WHEN, WHEN, TWO IN 2006, WHEN WE STARTED THIS, WHAT OUR MAIN CON, OR ONE OF OUR MAIN CONCERNS WAS WHAT WAS HAPPENING IN AMO HEIGHTS, WHICH IS JUST NORTH OF OUR NEIGHBORHOOD, WHERE PEOPLE WERE BUYING COTTAGE TYPE HOUSES OR, OR, UH, BUNGALOWS, SMALLER HOUSES, TEARING THEM DOWN AND BUILDING WHAT WE CALLED MCMANSIONS. YOU KNOW, HUGE HOUSES, TWO STORIES. THEY BUILD FROM ONE SIDE YARD SETBACK TO THE OTHER, FROM ONE BACKYARD SETBACK TO THE OTHER, PUTTING AS AS MANY SQUARE FEET OF, OF HOUSE ON THAT LOT AS THEY CAN. AND, AND THE MAIN ARCHITECTURAL FEATURE OF BOTH OF THESE HOUSES IS A TWO CAR WIDE GARAGE DOOR ON THE FRONT OF THE HOUSE. SO JUST LIKE SUBURBAN HOUSES, YOU SEE, UH, OUT NORTH OF 1604. SO, UH, IN ALAMO HEIGHTS, THEY WERE TALKING ABOUT, UH, LIMITATIONS ON LOT COVERAGE AND LIMITATIONS ON SQUARE FEET AND THINGS LIKE THAT. AND WE DECIDED THAT WAS REALLY TOO COMPLICATED. SO WHAT WE DID IS WE PUT IN REQUIREMENTS THAT MATCHED WHAT WAS IN THE NEIGHBORHOOD. AND SO WE REQUIRE A DRIVE FOR NEW CONSTRUCTION, A DRIVEWAY THAT GOES PAST THE FRONT FACADE OF THE HOUSE, SO THAT THAT FORCES HOW THE HOUSES FARTHER APART. AND, UH, WE ALSO, UH, UH, LIMITED THE CURB CUTS IN ON, UH, LOTS. ANY LOT LESS THAN 75 FEET CAN ONLY HAVE ONE CURB CUT. MR. COULD WE JUST [01:20:01] KEEP, UH, KEEP ADDRESSING? HE HAS, HE HAS TIME. HE CAN SAY WHATEVER HE WANTS. UM, IT'S, YEAH. OKAY. WELL, I, WHAT, WHAT, WHAT I'M, WHAT I, THE POINT I WANNA MAKE IS WHAT AN IMPORTANT PART OF THE, THE CONSERVATION DISTRICT DID WAS TO DISCOURAGE PURCHASE, UH, THE BUILDING OF HOUSES LIKE THIS. UM, NOW THE REQUIREMENT FOR THE DRIVEWAY GOING PAST THE HOUSE DOES NOT APPLY TO LOTS THAT ARE LESS THAN 35 FEET IN WIDTH OR A HUNDRED FEET DEEP. AND SINCE THIS LOT'S NOT 110 FEET DEEP, THAT REQUIREMENT DOES NOT APPLY. BUT THE OTHER REQUIREMENTS DO. AND MY POINT HERE IS TO SHOW THAT THIS IS WHAT WE ARE TRYING TO DISCOURAGE. NOW, UM, I'VE GOT SOME PICTURES OF SOME OTHER HOUSES THERE. THERE'S BEEN A LOT OF NEW HOUSES BUILT IN THE NEIGHBORHOOD IN THE LAST FIVE TO 10 YEARS. THIS IS, THIS IS ONE AT, UH, 2 0 2 CLEARMONT, THAT'S RIGHT ACROSS THE STREET FROM, UH, ONE, OR NOT ACROSS THE STREET, BUT CADDY CORNERED FROM THIS ONE. THE NEXT SLIDE. OKAY. AND THESE ARE WHAT WE CALL, UH, SKINNY HOUSES. THESE ARE, THE DEVELOPER BOUGHT THIS PROPERTY, FOUND THAT THE LOTS WERE 25 FOOT WIDE INSTEAD OF RE AND, AND MOST OF THESE HAD HOUSES THAT STRADDLED THE LOT LINE, AND IT, RATHER THAN RE PLATTING WHAT THE DEVELOPER DID IS BUILD HOUSES THAT ARE 15 FEET WIDE. AND HERE'S, HERE'S SOME MORE OF THEM. UH, SO WHAT THIS SHOWS IS THAT, THAT SOMEBODY WHO KNOWS WHAT THEY'RE DOING, WHO, WHO KNOWS WHAT THE, THE NCD SAYS CAN BUILD SUCCESSFUL PROJECTS WITHIN THE GUIDELINES OF THE NCD. AND SOME OF THESE HAVE PRETTY DIFFICULT LOTS BECAUSE OF THE SLOPES ON 'EM, BUT, BUT ALL THESE HOUSES, AND THERE'S O OVER 50 OF THESE WERE BUILT WITHOUT REQUIRING ANY, ANY VARIANCES TO THE, THE NEIGHBORHOOD CONSERVATION DISTRICT. SO, UH, TO, TO CONCLUDE, THE NEED FOR VARIANCES ON THE SUBJECT PROPERTY ARE ENTIRELY DUE TO THE FACT THAT THE OWNER DECIDED TO REPLANT THE PROPERTY AND THE OWNER'S DESIGNED FOR THE PROPERTY. SO ANY HARDSHIP IS TOTALLY THE OWNER'S RESPONSIBILITY. AND FURTHER, IF, IF VARIANCES LIKE THIS ARE GRANTED, WHAT IT DOES IS SET A PRECEDENT THAT ENCOURAGE DEVELOPERS TO DISREGARD THE NCD REQUIREMENTS, CONSTRUCT A NONCOMPLIANT PROJECT, AND THEN BE GRANTED VARIANCES AFTER THE PROJECT IS COMPLETED. ANY QUESTIONS? MAYA? COMMISSIONER MAYA? UM, SO MY QUESTION IS, SO YOU, YOU DID MEET WITH THE APPLICANT A COUPLE TIMES AND YOU ALL HAD DIALOGUE, AND WAS IT THAT YOU CAME UP, SO, SO LOOKING AT WHERE THIS HOUSE CURRENTLY IS WITH REGARDS TO ITS COMPLETION, DID Y'ALL HAVE ANY DIALOGUE WHICH WAS KIND OF ACCEPTABLE TO THE MINKE PARK THAT YOU THOUGHT WOULD WORK, UH, FOR THE APPLICANT THEMSELVES? NO, I, I MEAN THERE WE HAVE NO REASON TO NOT OBJECT TO THESE VARIANCES. THE, THE ONLY TIME IN MY EXPERIENCE THAT, UH, WE HAVE NOT OBJECTED TO VARIANCES IS WHEN A PROJECT THAT GETS VARIANCES SERVES THE NEIGHBORHOOD BETTER THAN WHAT COULD BE BUILT IF IT DIDN'T GET THE VARIANCES. SO, SO I GUESS I DIDN'T UNDERSTAND THE QUESTION OR, OR DIDN'T UNDERSTAND THE RESPONSE. SO, SO, SO IN YOUR DIALOGUE WITH THE APPLICANT, THERE WAS, THERE WAS NOTHING THAT, THAT YOU THOUGHT WOULD BE A WORKABLE SOLUTION BETWEEN THE TWO PARTIES? WE'RE, WE'RE NOT DESIGN PROFESSIONALS. THIS IS UP TO THE, THE OWNER'S DESIGN PROFESSIONAL TO DECIDE WHAT NEED, WHAT NEEDS TO BE DONE TO, TO BE, UH, WITHIN THE REQUIREMENTS OF THE NCD. I MEAN, AND THEY, THEY, THEY KNEW WHAT THEY WERE DOING BECAUSE THEY, THEY'VE GOT THE MINIMUM BACKYARD SETBACK REQUIRED BY CODE. THEY GOT THE MINIMUM FRONT YARD SETBACK. THEY KNEW THAT FOR THE SIDE YARD SETBACK ON THE ALLEY, THAT THEY COULD USE FIVE FEET OF THE WIDTH OF THE ALLEY. SO NOW THE PROPERTY LINE IS, IS WHERE THE BUILDING IS. SO THEY, THEY KNOW WHAT THE CODE SAYS AND, AND, AND YET THEY, THEY HAD A PLAN THAT SHOWED PARKING IN THE BACK, WHICH THEY SHOULD HAVE KNOWN WAS NOT FEASIBLE. OKAY. UM, LET ME, LET ME, LET ME, UH, ASK A QUESTION THIS WAY. YOU HAD MENTIONED THAT YOU HAD MET WITH THEM BACK IN JULY. DID I HEAR THAT CORRECTLY? YES. OKAY. AND DO YOU, DO YOU RECALL WHEN THEY, UH, WHEN THEY CONSTRUCTED WHERE THEY'RE AT NOW, WHEN DID THEY START GOING UP ABOVE THE FOUNDATION? WAS IT AFTER JULY OR BEFORE JULY? OH, NO, IT WAS WAY BEFORE. OKAY. AND SO I DID, YES, BECAUSE WE HEAR TESTIMONY THAT RECEIVED A PERMIT FROM STAFF. UH, DID YOU FIND OUT ANYTHING ON THAT? IT WAS ABOUT THE, UH, PARKING IN THE ALLEY, UM, ORIGINALLY APPROVED, BUT TURNED OUT, UH, THE ALLEY WASN'T BIG ENOUGH. OKAY. [01:25:01] SO THEY, THEY DID NOT RECEIVE A BUILDING PERMIT THEN? OH, YEAH, THE BUILDING PERMIT WAS APPROVED AND THEN AT SOME POINT IT WAS STOPPED AND THEY WERE TOLD TO ADJUST THEIR PARKING AND THAT'S WHY THEY ORIGINALLY, THAT'S WHY THEY CAME HERE. OKAY. OKAY. I JUST WANTED TO MAKE SURE WE ALL KNEW ABOUT SOME OF THE HISTORY OF THIS. UH, CAN YOU TELL US WHEN, WHEN DID YOU STOP THE BUILDING PERMIT? IT WAS ISSUED IN DECEMBER OF 2022. I DON'T KNOW WHEN EXACTLY HE WAS NOTIFIED. UM, WE CAN ASK THE APPLICANT WHEN THEY COME BACK UP. UM, BUT TO, TO, TO EXPAND ON THE QUESTION THAT COMMISSIONER MANN ASKED, UM, SO WE HAVE A NUMBER OF VARIANCES HERE. UH, AND YOU KNOW, RIGHT NOW THEY'RE ASKING FOR, YOU KNOW, THEY CAN DO THREE PARKING SPACES, THE DRIVEWAY'S REALLY WIDE. UH, THERE'S, THERE'S ISSUES WITH, UM, YOU KNOW, WITH, WITH COUNT AND, AND, AND THE MASSING OF THIS BUILDING. BUT THERE'S NOT ANYTHING AT ALL THAT, THAT Y'ALL COULD FIND ACCEPTABLE. OKAY. SO EVEN WHAT ABOUT TWO SMALL DRIVEWAYS? THAT, THAT IS STILL A VIOLATION OF THE NCD? OKAY. AND WE, AND, AND, AND WE JUST, WE DON'T, UH, UH, AND I'M, AND I'M ASKING YOU THAT BECAUSE, UM, WHEN, WHEN WE HAVE APPLICANTS, TYPICALLY, TYPICALLY WHEN WE HAVE APPLICANTS THAT DO RECEIVE A BUILDING PERMIT AND THEY GO FORTH AND START BUILDING THOSE PLANS, ONLY FIND THAT THERE WAS AN ISSUE, UH, IT LOOKS LIKE THEY'VE, THEY'VE ACHIEVED SUBSTANTIAL, YOU KNOW, PRETTY SUBSTANTIAL PROGRESS ON THIS TO HAVE IT STOPPED. UM, AND YOU KNOW, WE DON'T KNOW IF THEY KNEW THAT THEY WERE VIOLATING THE NCD, BUT THEY DID RECEIVE A BUILDING PERMIT. SO THAT MIGHT MEAN SOMETHING TO THIS BOARD. AND WE'RE JUST TRYING TO FIGURE OUT IF THERE'S ANYTHING THAT YOU, WELL, YOU KNOW, AND OUR, OUR VIEW ON THAT IS DESIGN PROFESSIONALS ARE CHARGED WITH KNOWLEDGE OF THE LAW THAT, UH, AFFECTS THEIR BUILDING DESIGNS. YES, SIR. AND, AND THE FACT THAT THEY SHOWED TWO PARKING SPACES IN THE BACK, UM, SEEMS LIKE A LITTLE BIT OF MISDIRECTION. I UNDERSTAND. UH, IS THERE ANY OTHER QUESTIONS FOR THE, UH, SPEAKER MANANA? COMMISSIONER, MANNA? THIS QUESTION IS ACTUALLY FOR CITY STAFF, SO, SO, UM, IF THIS, THE CITY STAFF'S RECOMMENDATION IS DENIAL, SO IF IT'S DENIED, UM, WHAT, WHAT IS THE, I GUESS THE END RESULT OF THAT WITH REGARDS TO THIS PROJECT AND BUILDING AND THE PARKING, ET CETERA? UH, IF, IF ALL THIS IS DENIED, UM, HE WOULD HAVE TO ADJUST IT TO HAVE ONLY TWO PARKING RIBBONS. THAT WAY HE WOULDN'T NEED THE DRIVEWAY WIDTH. UM, AND THE, I BELIEVE EVERYTHING ELSE, HE WOULD BE ABLE TO MEET 12 FOOT VARIOUS. GIMME ONE SECOND. LET ME JUST MAKE SURE I'M COVERING EVERYTHING. LET'S HAVE THE APPLICANT COME BACK FORWARD, SO WE'LL HAVE SOME MORE QUESTIONS FOR YOU. SO THE FIFTH, UH, THE DRIVEWAY WOULD HAVE TO BE 15 FEET AND THEN HE'D HAVE TO BE ABLE TO PUT TWO VEHICLES, UM, KIND OF A EXPANDED, UH, DRIVEWAY PAST THAT. I DON'T KNOW IF THERE'S ENOUGH PHYSICAL ROOM FOR THE ACCOMPLISH THAT, BUT, UM, COMMISSIONER MAN, YOU STILL ON THE FLOOR? YEAH. SO, SO, YOU KNOW, GOING BACK TO THAT QUESTION, SO, SO ESSENTIALLY, IF I'M HEARING CORRECTLY, UM, A RIBBON WOULD BE PERMITTED, UM, PER THE NCD AND PER A SINGLE RIBBON WOULD BE PERMITTED PER THE NCD FOR THE NCD. UM, AND THEN THE REMAINING PARKING WOULD HAVE TO BE RESOLVED, OR WOULD BE TWO RIBBONS BE PERMITTED? WELL, THE MULTIPLE RIBBONS IS FINE. IT IS JUST, THE ONLY REASON HE'S ASKING FOR A RIBBON VARIANCE IS BECAUSE ONE OF THOSE RIBBONS IS DOUBLE THE SIZE OF A NORMAL ONE BECAUSE OF THE SHARED ONE LEFT TIRE, ONE RIGHT TIRE FROM DIFFERENT VEHICLES. THAT'S THE ONLY REASON THAT VARIANCE IS IN HERE. UM, BUT THE ACTUAL RIBBONS ARE FINE. IT'S THE OVERALL, UM, DRIVEWAY WIDTH THAT WOULD BE THE ISSUE AT THAT POINT, WHICH IS ONLY ALLOWED, UH, 15 FEET. SO THEN IT'S, OKAY. SO, SO THAT WAS THE CONTRADICT ESSENTIALLY. BASICALLY, ESSENTIALLY THE ONLY WAY TO SOLVE THIS IS HAVE IT IN ONE UNIT, HAVE A SINGLE VARIANCES, SO NOT NO LONGER DUAL UNIT, BUT A SINGLE UNIT. CORRECT. THAT'S THE ONLY WAY THIS CAN GET SOLVED WITHOUT VARIANCES. YEAH. YEAH. 'CAUSE WHEN THEY PLANTED THIS, THEY COULD HAVE WIDENED, THEY COULD HAVE DEDICATED, WIDENED THE ALLEY, GET ACCESS TO THE BACK. THEY DIDN'T, THEY, YOU KNOW, THEY, THEY, THERE'S NO WAY FOR THEM TO FIX THIS WITHOUT MESSING WITH THE BUILDING, YOU KNOW? SO [01:30:01] THIS BOARD JUST, THAT'S JUST REALITY. LEMME CLARIFY A COUPLE OF THINGS. GO AHEAD. SO THE PERMIT WAS NEVER STOPPED. I THINK THEY, YOU'RE GETTING INSPECTIONS ON A REGULAR BASIS, RIGHT? SURE, YEAH. SO THE, THE PERMIT WAS NEVER STOPPED. THEY, THEY CONTINUED BUILDING, WELL, WE HEAR TESTIMONY FROM STAFF THAT THE PER PERMIT WAS STOPPED. SO AT SOME POINT YOU WERE, WHY DID YOU DO THE VARIANCE AS FAR AS THE VARIANCE? LIKE WHY ARE YOU HERE DOING THE VARIANCE IF THE CONSTRUCTION WASN'T STOPPED? THERE SHOULD HAVE BEEN A MECHANISM THAT THAT FORCED YOU TO COME HERE. HE'S GONNA HAVE TO ANSWER THAT QUESTION. 'CAUSE HE, HE, WHAT, WHAT TRIGGERED THE VARIANCE? HOW DID YOU FIND OUT THAT YOU NEEDED TO COME HERE? OKAY, BECAUSE FIRST, FIRST I GOT MY PERMIT AND I STARTED TO BUILD. AND THEN THEY TOLD ME THAT THE GOING FROM THE BACK, IT'S NOT GONNA WORK. SO I GAVE HIM FOUR CARS FROM THE FRONT, WHICH THE CITY SAYS WE DON'T HAVE ANY ISSUE. WHEN, WHEN DID THAT COMMUNICATION TAKE PLACE? DO YOU RECALL? WHAT MONTH OR EIGHT MONTHS AGO? SOMETHING LIKE THIS. SO MAYBE MARCH. SO THEN THEY TOLD ME, GO MEET THE, WE CAME HERE AND THEY SAID, GO, GO MEET TO THE NCD. WE MET THEM THREE TIMES. OKAY. CHANGING THIS, THIS TRY ANYTHING THAT THEY WANT. THEY NEVER, BUT THEY SAID, WE DON'T LIKE YOUR BUILDING. THEY DIDN'T CARE ABOUT THE PARKING, WE DON'T LIKE THE BUILDING. JUST TO CLARIFY WHAT WAS THERE BEFORE, IT WAS A LITTLE BUNGALOW AND IT WAS IN JUST, JUST REPAIR. IT HAD ASBESTOS IN IT. IT WAS A, IT WAS A, IT WAS JUST TOTALLY TRASHED, HOMELESS WITH GOING DOWN. I, I MEAN, WE'RE, WE'RE NOT HERE TO DISCUSS THE SIZE OF YOUR BUILDING, BUT IT IS A VERY LARGE BUILDING. IT'S A TWO AND A HALF STORY BUILDING. IT LOOKS LIKE THAT'S UP AGAINST ALL THE SETBACKS. I MEAN, IT'S, THERE'S, YEAH. OKAY. SO THAT, AND JUST TO, UM, ADD, IF FOR SOME REASON YEAH, HE'S, HE'S GONNA CHANGE IT TO A SINGLE FAMILY, UM, INSTEAD OF TWO UNITS, HE WOULD HAVE TO COME FOR A LOT SIZE VARIANCE BECAUSE IT'S LOT SIZE. IF YOU'RE DEVELOPING SINGLE FAMILY AND, UH, MULTI-FAMILY HAS TO MEET THE R FOUR STANDARDS, AND THIS IS NOT, YEAH. OKAY. SO IS THERE ANY OTHER QUESTIONS FROM THE COMMISSION? WHAT WE'RE GONNA DO IS WE'RE GONNA LOOK FOR A MOTION AND WE'LL DELIBERATE, I'M SORRY, I THINK THERE WAS ONE MORE SPEAKER. OH, APOLOGIZE. IS THERE, UH, SCOTT DAY? I CAN'T HAVE THE, WHO WAS THE OTHER ONE BACK THERE THAT OKAY, I'M SORRY. SO I GOT Y'ALL. SO MA'AM, IF YOU STILL WANT TO SPEAK, YOU CAN SPEAK IF YOU WANT. OKAY. SO LET'S HEAR THE VOICEMAILS THAT THEY, THEY GET UP AND RUNNING, HAVE VOICEMAILS. I WOULD LIKE GO ADD SOME. CAN I, YOU, WE WILL HAVE YOU COME UP FOR A MINUTE FOR A REBUTTAL, UH, BUT WE'RE GONNA LISTEN TO SOME VOICEMAILS. FIRST, THAT TEN THREE HUNDRED ONE SIX FOUR, THIS IS THE HOUSE ON 1 1 5 MILTON, THE REQUEST FOR A VARIANCE. MY NAME IS CATHERINE TU. I LIVE AT 44 0 3, PUTTING GREEN SAN ANTONIO, SEVEN EIGHT, UH, 2 1 7. UM, MY DAUGHTER LIVES AT, UH, 7 26 MADELINE, WHICH IS JUST ALONG THE RIGHT DOWN THE STREET FROM, UH, THIS PARTICULAR, UH, HOUSE. AND, UM, I WALK HER LARGE DOG. MY HUSBAND AND I BOTH FREQUENTLY WALK HER LARGE DOG TO AND FROM MONTEY PARK BACK AND FORTH. AND THEN THERE IS ADDITIONAL PEDESTRIAN TRAFFIC BOTH DAY AND NIGHT ALONGSIDE ONE 15 MILTONS WHERE PEOPLE GOING TO WORK, GOING TO THE PARK. AND YOU'RE TALKING ABOUT LATE INTO THE NIGHT. UM, IT IS EASY TO STATE THE REQUEST, UH, FOR WHO IS GOING TO BE, UH, STATE THE REQUEST FOR, UH, THIS PARTICULAR, UM, VARIANT. BUT, UM, WHO IS GOING TO BE POLICING IT, MAKING SURE THAT IT IS IN COMPLIANCE AND THAT THE VEHICLES ARE NOT PARKED ON THE SIDEWALK. I STRONGLY, STRONGLY OPPOSE THE CHANGE. UM, THERE SHOULD BE NO ALLOWANCE FOR, UH, THIS VARIANT. MY NUMBER IS TWO TEN THREE ONE THREE FORTY SIX EIGHTY SIX. THANK YOU SO MUCH. BYE-BYE. HI, THIS CALL IS IN REGARDS TO CASE [01:35:01] NUMBER BOA 2 3 1 0 3 0 0 1 6 4. MY NAME IS JULIET AND DONALDSON. MY PHONE NUMBER IS (210) 355-2130. UM, AND I LIVE AT 2 7 6 NALINE AVENUE, WHICH IS WITHIN 200 FEET OF THE PROPERTY IN THIS CASE, WHICH IS 115 MILTON STREET. UM, I'M CALLING TO REGISTER MY OPPOSITION TO THIS REQUEST, WHICH HAS NOT BEEN SUBSTANTIALLY ADDRESSED, UM, UH, WHICH HAS NOT SUBSTANTIALLY ADDRESSED THE ISSUES THAT I HAD WITH THIS PROPERTY. THE LAST TWO TIMES, REQUESTS LIKE THIS WERE MADE. UM, MILTON STREET RECEIVES A LOT OF FOOT TRAFFIC, NOT ONLY FROM JUST MYSELF AND MY PARENTS, BUT ALSO THE CHILDREN WHO RESIDE IN THIS NEIGHBORHOOD. THE REQUESTED VARIANCE HAS FORCED PEDESTRIANS OFF OF THE SIDEWALK AND INTO THE ROAD. AND GIVEN THE LOCATION OF THE PROPERTY AND THE SPEED WITH WHICH SOMETIMES DRIVERS COME OFF OF NALINE, THIS IS DANGEROUS TO ANYONE WHO MAY BE WALKING IN THE STREET. THE FACT THAT LAMAR ELEMENTARY IS SLATED TO CLOSE IS IRRELEVANT TO THE ISSUE AT HAND BECAUSE CHILDREN STILL RESIDE IN THIS AREA. AND WE, AS OF YET DON'T KNOW WHAT PLANS THE DISTRICT HAS FOR THE PROPERTY. UM, THE LACK OF PLANNING THAT HAS GONE INTO THIS PROPERTY IS NOT REASON ENOUGH TO MAKE CHANGES TO CODE, TO FORCE PEDESTRIANS INTO THE ROADWAY. UH, I THANK YOU FOR YOUR TIME AND CONSIDERATION, MARY MCCARTNEY 2 1 0 4 7 3 2 5 7 0 AT 2 0 3 CLAREMONT AVENUE. I'M CALLING IN REFERENCE TO CASE NUMBER D OH A 23 DASH 1 0 3 0 0 1 6 4. AND WE WANT TO MAKE A COMMENT AGAINST THE OWNERS RECEIVING ANY VARIANCES WITHOUT PARKING AND ET CETERA. IT'S NOT FAIR TO ALL OF THOSE RESIDENTS. I THINK THEY SHOULD HAVE GOTTEN VARIS BEFORE THEY STARTED BUILDING, SO THEY KNEW THAT WHAT THEY WERE DOING. SO IT, WE DON'T, WE DO NOT WANT THE VARIANCE OR THE VARIS TO GO THROUGH FOR THE PROPERTY OWNER. UNFORTUNATELY, WE FEEL THAT THE CARS ON THE STREET AND HAVE PARKED FARTHER DOWN THE STREET. WE ALREADY HAVE A CONGESTED AREA IN MANY WAYS. WE'RE IN THE SCHOOL ZONE. WE HAVE BUSES WITH CHILDREN AND ANIMALS. IT'S JUST NOT FAIR TO THE RESIDENTS ON CLAREMONT NELSON IN THIS AREA. THANK YOU VERY MUCH. HI, THIS IS MIKE MCCARTNEY, UH, LIVE AT 2 0 5 CLAREMONT. AND, UM, CALLING ABOUT CASE NUMBER BOA TWO THREE DASH 1 0 3 0 0 1 6 4. UM, I JUST WANT TO VOICE MY, UM, OPPOSITION TO THESE VARIANCES. UH, MAINLY DUE TO THE PARKING SITUATION, IT'S GONNA CAUSE, UH, THEY HAVEN'T FACTORED IN ENOUGH SPOTS ON THE, ON THAT PROPERTY FOR THE AMOUNT OF PEOPLE THEY'RE GONNA HAVE. IT'S GONNA CAUSE AN ISSUE FOR THE RESIDENTS AROUND THERE. ADDITIONALLY, THEY'RE DOING A, A LONGER CURB CUT. THEY WON'T HAVE STREET PARKING, UH, WHICH WILL PUSH OTHER THEIR TENANTS TO OTHER HOUSES AND JUST CAUSE MORE OF AN ISSUE THAN WHAT WE HAVE DOWN THERE NOW. UM, AND, AND ONE THING I ALSO WANT TO COMMENT ON IS, IS I DON'T KNOW IF THE HEIGHT, I KNOW THERE'S SOME HEIGHT RESTRICTIONS. I DON'T KNOW IF THAT'S BEEN LOOKED AT. UH, BUT THAT BUILDING SEEMS PRETTY, PRETTY HIGH COMPARED TO WHAT'S, WHAT'S ALLOWED IN THAT AREA. UM, SO AGAIN, JUST VOICE MY OPPOSITION ON NOT APPROVING THIS DUE TO THE PARKING SITUATION. THANK YOU. I AM SUSAN GEARY. MY ADDRESS IS 3 0 7 A NALIN AVENUE, 3 0 7 NALIN AVENUE, SAN ANTONIO, SEVEN EIGHT TWO OH NINE. MY PHONE NUMBER IS (714) 300-5984. I'M CALLING REGARDING CASE NUMBER BOA 2 3 1 0 3 0 0 1 6 4. MY HOME, MY HOME IS LOCATED ON NALIN AVENUE WITHIN 200 FEET OF ONE 15. MILTON, THE PROPERTY IN QUESTION, I AM A CURRENT BOARD MEMBER OF THE MANKEY PARK NEIGHBORHOOD ASSOCIATION. THE NEW THREE STORY STRUCTURE. AT ONE 15, MILTON WAS BUILT IN THE BACKYARD OF 1 5 4 CLAREMONT. THERE IS NOT ENOUGH SPACE FOR THE NEW STRUCTURE AND REQUIRED PARKING. THE NEIGHBORHOOD CONSERVATION DISTRICT GUIDELINES WERE NOT FOLLOWED, AND THE STRUCTURE SHOULD NOT HAVE BEEN PERMITTED. AS FOR PARKING IN THE DRIVEWAY, DRIVERS WOULD HAVE TO PULL UP TO THE FRONT DOOR OF THE HOME. AND EVEN THEN, ONLY ONE IS LEFT BETWEEN THE PARKED VEHICLE AND THE PUBLIC PEDESTRIAN SIDEWALK. ADDITIONALLY, WITH A LIMITED NUMBER OF PARKING SPACES ON THE PROPERTY, THE INHABITANTS WILL [01:40:01] BE FORCED TO PARK AT THE CURB ALONG MILTON, WHICH IS A TWO LANE NEIGHBORHOOD STREET. WE HAVE MET WITH THE PROPERTY OWNER AND HIS REPRESENTATIVE THREE TIMES AS A NEIGHBOR OF THIS, OF THIS PROPERTY. AND AS A BOARD MEMBER, I'M STRONGLY OPPOSED TO THE VARIANCES. THAT CONCLUDES VOICEMAILS. ALL RIGHT. HAS HAD THE APPLICANT COME BACK UP. UH, WE'LL GIVE YOU A MINUTE TO PROVIDE ANY ADDITIONAL TESTIMONY OR REBUTTAL AND THEN WE'LL DELIBERATE. SO AFTER HEARING ALL THESE CONCERNS, IS THERE ANYTHING YOU WANT US TO KNOW BEFORE WE, I THINK THEY WERE CONCERNED ABOUT THE CARS PARKING ON THE SIDEWALK. SO THE SIDEWALK'S GONNA REMAIN WHERE IT'S AT AND THERE WON'T BE ANY CARS PARKING THERE NOW THAT WE ARE AT 20 FOOT. SO THAT, THAT CHANGED THAT. SO WE SOLVED THAT PROBLEM. UM, ANYTHING ELSE YOU GOT? YEAH, BECAUSE I THINK THERE IS A FEW THAT IN FAVOR. SO WHERE ARE THEY? UH, STAFF, CAN YOU BRING UP THE MAP, UH, WITH THE RESPONSES? YOU GOTTA CHANGE THE SCREEN. OKAY. ALL RIGHT. SO, SO THERE, IF THE COMMISSION CAN SEE YOU, UH, WHO RESPONDED IN FAVOR WITH THE GREEN CHECK MARKS? ALRIGHT, SO WE'LL, WE'LL SEE HOW THIS TURNS OUT. LOOKING FOR A MOTION? OKAY, THANK YOU. GOING ONCE, GOING TWICE. ALL RIGHT. CASE, UH, DIES FOR LACK OF MOTION. SO NO, COMMISSIONER WAS WILLING TO MAKE A MOTION ON YOUR CASE, SO IT'S, I APOLOGIZE. IF YOU CAN GET WITH STAFF, THEY'LL EXPLAIN TO YOU WHAT TO DO FROM HERE. THANK YOU. ALL RIGHT, WE'RE GONNA TAKE A FIVE MINUTE BREAK, RESTROOM BREAK AND THEN WE WILL COME BACK FOR ITEM FOUR TWO FIFTY FIVE. UH, WE'RE GONNA CALL THIS BACK INTO SESSION. WE'RE ON ITEM FOUR. OKAY. ITEM NUMBER FOUR IS BO OA DASH 23 DASH 0 3 0 2 60. THE ADDRESS IS 3 1 5 HENRY STREET IN CITY COUNCIL. DISTRICT ONE. THE APPLICANT IS MERRICK SAZINSKI AND THE REQUEST IS FOR A HALF STORY VARIANCE FROM THE MAXIMUM TWO AND A HALF STORIES TO ALLOW A STRUCTURE WITH THREE STORIES. AND THE CURRENT ZONING IS IDZ TWO. THE SUBJECT PROPERTY IS LOCATED ALONG HENRY STREET, NEAR NORTH HAMILTON STREET. THE APPLICANT IS SEEKING A VARIANCE FROM THE MAXIMUM HEIGHT LIMITATION TO ALLOW FOR A THREE STORY STRUCTURE THAT WILL BE USED AS A ROOMING HOUSE. UM, UP TO FOUR STORIES IS PERMITTED WITHIN THE CURRENT ZONING OF IDZ TWO. BUT DUE TO THE PROPERTY BEING ADJACENT TO SINGLE FAMILY USES, THE HEIGHT IS CAPPED AT THE HEIGHT OF THE SINGLE FAMILY DISTRICTS, UH, AND ALSO TRAFFIC REVIEWED AND APPROVED. THE PARKING PLAN, AND THIS IS THE SITE PLAN AND THE SUBJECT PROPERTY. IT'S CURRENTLY VACANT, JUST A DIFFERENT VIEW AND THE SURROUNDING AREAS. A STAFF RECOMMENDATION FOR THE HIGH VARIANT STAFF RECOMMENDS A DENIAL IN BO OA DASH 23 DASH 0 3 0 0 2 60 BASED ON THE FOLLOWING. ONE. THE REQUEST IS CONTRARY TO THE PUBLIC INTEREST OF THE, UM, ABUTTING PROPERTIES AS A THREE STORY STRUCTURE CAN IMPOSE ONTO THE INTEREST OF THE SINGLE FAMILY USES. AND THIS WAS THE NOTIFICATION PLAN. STAFF NOTE OUT 60 NOTICES. UM, ZERO RETURN IN FAVOR, HOWEVER, ONE IN FAVOR, UH, ONE IN FAVOR, OUTSIDE THE 200 FEET, UH, ZERO IN OPPOSITION AND PROSPECT HILL NEIGHBOR ASSOCIATION IS IN OPPOSITION OF THE REQUEST AND THE WEST END HOPE IN ACTION. UH, NEIGHBOR ASSOCIATION IS IN FAVOR OF THE REQUEST AND THIS IS THE NEIGHBORHOOD ASSOCIATION RESPONSE, UM, FROM PROSPECT HILL. AND THIS IS THE RESPONSE FROM THE WEST END HOPE IN ACTION NEIGHBORHOOD ASSOCIATION. AND THIS IS SOME ADDITIONAL PUBLIC COMMENT. AND THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. SO, UH, JUST REALLY QUICK, THAT THE 50 FOOT RULE THAT CAME INTO EFFECT THAT LIMITED THE TWO AND A HALF STORIES MM-HMM. , DID THAT [01:45:01] COME INTO EFFECT AFTER OR BEFORE THE IDZ TWO ZONING WAS APPROVED? UH, LET ME SEE. AND I'M CURIOUS BECAUSE ON IDZ TWO, YOU HAVE TO, YOU HAVE TO LIST YOUR INTENT TO GO THREE STORIES, DON'T YOU, IN THE, IN THE APPLICATION PROCESS FOR THAT? CORRECT. THE ORDINANCE WAS PASSED, UM, IN DECEMBER OF 2022 WITH THE THREE STORIES, UH, WITHIN THE SITE PLAN. UM, SO IT WAS, THE ZONING WAS APPROVED, UM, RIGHT BEFORE THE CHANGE IN JANUARY. OKAY. AND SO THERE'S NO GRANDFATHERING ON THAT, CORRECT? NOT, OKAY. IT'S NOT A, IT'S NOT APPLICABLE FOR VESTED RIGHTS. IT'S NOT CONSIDERED A PERMIT. UM, I WOULDN'T ASK MARCO REAL QUICK. I'M JUST WONDERING 'CAUSE IF IT, IT JUST SEEMS LIKE FOR SOMETHING THAT WENT THROUGH SO CLOSE TO THE, WHEN THE 50 FOOT RULE KICKED IN MM-HMM. , I'M JUST SURPRISED THAT NONE OF THIS WAS PART OF THE DISCUSSION BACK IN 2022. IT WASN'T, SIR. OKAY. SO, UM, ANY OTHER THOUGHTS ON THAT? ANYTHING MIKO? I KNOW WE LOOKED AT, UM, THIS TO SEE IF WE WERE ABLE TO GRANDFATHER IT IN. UH, WE WERE NOT ABLE TO. I KNOW THERE'S A LOT OF APPLICATION THAT WE RECEIVED, UM, CLOSER TO THE BEGINNING OF THE YEAR THAT WE WERE ABLE TO GRANDFATHER IN. THIS WAS NOT ONE OF THEM. AND THE CITY DOESN'T ALLOW, UH, AN IDZ APPROVED IDZ SITE PLAN IS IS A JUSTIFICATION FOR A VESTED RIGHTS APPLICATION. CORRECT. ALRIGHT. ALL ANY QUESTIONS FROM THE COMMISSION FOR FOR STAFF COMMISSIONER MANN? SO, SO JUST FOLLOW UP ON THAT QUESTION. SO, SO THE ORIGINAL ID Z PLAN DID OFFER THREE STORY BUILDING. IS IT, I'M, I'M GONNA PULL IT. I DON'T THINK IT'S AT THREE STORIES. UM, I KNOW, I KNOW WHEN WE REVIEWED IT, UM, I BELIEVE THAT'S PART OF THE REVIEW THAT WE DID, BUT I'LL DOUBLE CHECK. THAT'S USUALLY A REQUIREMENT TO LIST SO MUCH STUFF NOW. OKAY. UM, YEAH, IF YOU CAN FIND THAT ZONING SITE PLAN, WE'D PROBABLY LIKE TO SEE IT. UH, ANY OTHER QUESTIONS BEFORE WE MOVE ON TO THE APPLICANT? HEARING NONE, LET'S HAVE THE APPLICANT COME FORWARD. ALL RIGHT. STATE YOUR NAME, TELL US ABOUT YOUR CASE. GOOD AFTERNOON. MY NAME IS MARY SISINSKY. I'M THE OWNER OF, UH, OF THIS PROPERTY. UM, YES, THE REZONING HAPPENED A COUPLE OF YEARS AGO AND, UH, THAT WAS AFTER WE HAD THE RECOMMENDATION FROM THE CITY ORIGINALLY, THE, THE PROPERTY WAS M 33 AND SINCE WE DECIDED TO DO A SPECIFIC PROJECT, WHICH PROVIDES THE HOUSING FOR KIDS GROWING OUT OF FOSTER CARE, 18 TO 24. SO WE DECIDED TO, UM, REZONE IT. ACTUALLY, IT WAS A RECOMMENDATION FROM THE CITY TO REZONE IT FOR IDZ TWO. AND, UH, EVERYTHING WAS GOING SMOOTH WITH THE APPLICATION PERMIT UNTIL FOUND OUT SOMEBODY FOUND OUT ABOUT THE, UH, THE HEIGHT MAXIMUM. AND FROM THE VERY BEGINNING WHEN WE REONE IT, IT WAS ALSO THREE STORY. THAT'S HOW WE PRESENTED IT. WE ALSO HAD SOME KIND OF PRE-DEVELOPED MEETING WITH THE CITY AND NOBODY CATCH THIS BEFORE. AND, UH, NOW WE, WE WITH A BIGGER PROBLEM, UH, WITHOUT THIS, UM, ADDITIONAL STORY, WE LOSING SIX UNITS, WHICH IS 12 TO 18 KIDS. OKAY. BUT YOUR APPLICATION AT ALL TIMES FOR THAT EASY TWO WAS FOR THREE STORIES? CORRECT. AND DID YOU HAVE ANY, UH, MEETINGS WITH THE NEIGHBORHOOD ASSOCIATIONS DURING THE ZONING CHANGE? WE WORKED VERY CLOSELY WITH THE, WITH THE NEIGHBORHOODS, UH, WITH THE WEST HOPE INION. WE WORKED WITH SAM'S MINISTRIES, HARBOR CHAPEL, UH, SAN ANTONIO HOMELESS SERVICES AND A DISTRICT ONE. SO THIS BEEN A KIND OF A YEAR FOR US WHEN WE WERE DEVELOPING THIS ALL TOGETHER. AND, AND IS THIS, IS THIS SITE STAFF, IS THIS IN THE PROSPECT HILL ASSOCIATION BOUNDARIES OR THEY JUST WITHIN 200 FEET? THEY'RE WITHIN, UH, BOTH DOWN. UM, THEY'RE INSIDE OF BOTH NEIGHBORHOOD ASSOCIATIONS. OKAY. DID DID YOU MEET WITH PROSPECT HILL DURING THE ZONING CHANGE PROCESS? YES, BUT, UH, ACCORDING TO THEM, UH, ACCORDING TO LATEST CHECKING ON THE MAPS, UH, WE ARE NOT IN THE, IN THEIR BOUNDARIES DURING THE ZONING CHANGE SOONER. OKAY. OH YES. IS THERE A QUESTION? COMMISSIONER ZUNIGA. OKAY. THIS ORGANIZATION THAT YOU, UH, JUST MENTIONED, ARE THEY NEIGHBORHOOD ASSOCIATIONS OR MINISTRIES OR, UH, I HAVE A, I HAVE A REPRESENTATIVE HERE TO SPEAK THE WEST HOPE ACTION. IS THAT A, A NEIGHBORHOOD ASSOCIATION NEIGHBORHOOD? IT IS, IT'S THAT. OKAY. WE, UM, WE'LL HAVE, I'M ASSUMING THAT YOUR NAME'S ON A LIST TO SPEAK. WE'LL HAVE YOU COME UP AT A LATER TIME, BUT ALL, ALL THEIR NEIGHBORHOODS, ALL FOUR OF 'EM ARE YES. UH, REPRESENTED BY THE GENTLEMAN HERE. YEAH. THEY, THEY, THANK YOU. THEY'RE HERE. OKAY. ANY OTHER QUESTIONS FOR THE APPLICANT? UH, AND TO ANSWER THE, UH, EARLIER QUESTION, UM, [01:50:01] SO BECAUSE IT'S APPROVED BY THE IDZ, THERE'S STILL INSTANCES WHERE THEY HAVE TO COME TO A VARIANCE AFTERWARDS THAT FULL THREE STORIES WAS STILL PART OF THE RULE. IT WASN'T, IT WASN'T PART OF THE HALF STORY DEFINITION CHANGE. IT WAS STILL, SO WE'VE SEEN OTHER CASES WHERE THEY HAD ON THE SITE PLAN UNDER, UM, IDZ SETBACK WITH A TWO FOOT, I BELIEVE WE HAD A FEW MONTHS AGO. THEY UNDERSTOOD THAT THEY NEEDED TO COME TO THE BOARD OF ADJUSTMENT AFTERWARDS. SO THIS IS THE SAME SCENARIO. THAT'S WHY WE COULDN'T GRANDFATHER THEM IN. OKAY. AND, UH, THAT'S WHY I WAS ASKING ABOUT THE DATE THAT THE, UH, THAT 50 FOOT RULE CAME IN AND THAT THAT WAS JANUARY 1ST. I THOUGHT IT PREDATED THAT THE 50 FOOT RULE FROM THE SINGLE FAMILY THAT THAT'S BEEN AROUND FOR FOR YEARS. YES, SIR. YEAH. OKAY. ALL RIGHT. UH, UH, I JUST HAVE A QUESTION. UM, SO YOU ARE THE BUILDER. ARE YOU ALSO THE, I ASSUME THERE'S GOING TO BE A, NOT-FOR-PROFIT RUNNING THIS AND YES, WE, WE STILL PLANNING HOW TO GET THE STRUCTURAL ORGANIZATION FOR IT, BUT PROBABLY WE'RE GONNA MOVE IT INTO THE NON-PROFIT. YES. AND SO THIS WILL BE A SEPARATE NONPROFIT. ARE YOU WORKING WITH THE CITY? IS THIS LIKE PART OF SOME AGENCY OR SOMETHING THAT'S DOING THIS? NO, WE, AS, AS OF THIS MOMENT, WE, WE REGISTERED A NEW COMPANY CALLED HOUSING FIRST OF SAN ANTONIO. MM-HMM. . AND THE BUILDING IS STILL GONNA BE BUILT UNDER MY NAME. AND THEN ORGANIZATIONAL IS GONNA GO ON UNDER HOUSING FIRST OF SAN ANTONIO. GOT IT. OKAY. THANK YOU. ALL RIGHT. ANY OTHER QUESTIONS? YEP. COMMISSIONER BARRINGTON, HOW MANY, UH, HOW MANY UNITS ARE WE TALKING ABOUT IN WE TALKING ABOUT 18 UNITS ALTOGETHER. OKAY. AND HOW MANY ARE AT ISSUE HERE IN THE THIRD FLOOR? THE THIRD FLOOR IS ABOUT HALF THE FIRST FLOOR. UM, TAKES A, A ROOM, A SPACE FOR A SHARED KITCHEN. UH, THERE'S GONNA BE A LIBRARY ROOM, MULTI-USE ROOM. WE'RE GONNA HAVE SOME KIND OF RECEPTIONIST AND, UH, OFFICE AREA. SO BASICALLY ALL THE STAFF IS GONNA BE ON THE FIRST FLOOR. IF WE'RE GONNA LOSE ONE OF THE, THE THIRD FLOOR, THAT MEANS IT'S GONNA BE COM. YOU'RE TALKING ABOUT BASICALLY HALF THE CAPACITY. OKAY. ALMOST MANNA. COMMISSIONER MANNA. SO, SO LOOKING AT THE, SO I DIDN'T QUITE UNDERSTAND THE ANSWER WITH REGARDS TO HAD YOU HAD A CHANCE YET TO MEET WITH THE PROSPECT HILL? UM, SO DID YOU WORK WITH THEIR NEIGHBORHOOD ASSOCIATION IN ANY OF THE DIALOGUES? AND WAS THERE ANYTHING OUT OF THAT DIALOGUE THAT YOU UNDERSTOOD? UM, I DON'T REMEMBER SPECIFICALLY WITH THEM. UH, BUT I GUESS SOMEBODY WAS FROM, FROM THE, FROM THIS NEIGHBORHOOD ASSOCIATION WAS ON THE LAST MEETING COUPLE OF WEEKS AGO, AND THEY HAD A ISSUE WITH, UH, WITH THE PARKING. WE ADJUSTED THE PARKING. THAT'S WHY WE, WE COULDN'T GET IT ON, ON THE LAST BOARD OF ADJUSTMENTS, WE ADJUSTED THE PARKING. NOW IT'S JUST THE HEIGHT IS WHAT IS, UH, SO, UM, SO FOLLOWING UP ON THAT, THAT PARTICULAR POINT, UM, I'M LOOKING AT THE OBJECTION THAT WAS WRITTEN DOWN HERE, PROVIDED BY, UM, PROSPECT HILL, AND IT IS SPECIFIC TO THE PARKING ITSELF. MM-HMM. . AND SO, SO, UM, SO, SO IT, I GUESS IN THIS DIALOGUE, WHAT WAS YOUR UNDERSTANDING OR, OR DO YOU HAVE ENOUGH SPACES WITH REGARDS TO IT TO ADDRESS THAT ONE CONCERN FROM THEIR PERSPECTIVE? OH, THE PARKING IS ALREADY ADDRESSED. WE WORKED WITH THE, UH, WITH THE STAFF HERE AND WE ORDER, ORGANIZE THE PARKING AND, AND WITH MISSED REQUIREMENTS. OKAY. THANK YOU. AND TRAFFIC DEPARTMENT REVIEWED THIS. THERE'S NO ISSUE WITH THE PARKING. OKAY. COMMISSIONER KAPLAN. OKAY, SO I, THIS IS ABOUT HARDSHIP 'CAUSE THAT'S ONE OF OUR, OUR STANDARDS. UM, YOU ARE ALLOWED TO DO A HALF STORY. SO IF YOU DID A HALF STORY, COULD YOU GET THREE MORE UNITS UP THERE? UH, IN OTHER WORDS, YOU ARE TALKING, IF YOU DID, IF WE DIDN'T GIVE YOU THE VARIANCE FOR THREE STORIES, YOU ARE BY RIGHT. ALLOWED TWO AND A HALF STORIES. SO COULD YOU PUT THREE MORE UNITS ON THE THIRD ON THE, THE SECOND AND A HALF FLOOR? AND THOSE UNITS ARE SMALL ALREADY AND EVERY UNIT WE LOSE, WE LOSE BASICALLY THREE KIDS. RIGHT. UM, OKAY. THANK YOU. SO THE ANSWER IS YOU CAN'T DO A A HALF STORY. ALL RIGHT. ANY OTHER QUESTIONS? UH, LET'S SEE. YOU HAVE ANYONE SIGN UP TO SPEAK VOICEMAILS? WE GOT TWO SPEAKERS AND NO VOICEMAILS. ALL RIGHT, LET'S HAVE THE FIRST SPEAKER COME UP. FIRST SPEAKER, REX, BRIAN. GOOD AFTERNOON. UH, MY NAME IS REX BRIAN. I'M THE VICE PRESIDENT OF PROGRAMS AT SAM MINISTRIES. UM, I'VE BEEN WITH OUR AGENCY FOR, FOR 10 YEARS NOW. SO, UM, WE'VE BEEN WORKING WITH MR. MERRICK, UH, PROBABLY A LITTLE ABOUT A YEAR AND A HALF TALKING ABOUT THIS PROJECT. AND SO WE'VE BEEN PROVIDING SOME INSIGHT [01:55:01] ON THE NEED FOR, FOR, UH, HOUSING SPECIFIC TO HOMELESS YOUTH, WHICH HUD DEFINES AS 18 TO 24 YEARS OLD. UM, SO THIS IS A TARGET POPULATION THAT WE'RE LOOKING AT, UM, SPECIFIC TO THIS. AND SO, UM, BEFORE I, I, YOU KNOW, SPEAK ON THAT, I'D LIKE TO GIVE JUST SOME, UH, REAL NUMBERS IN, IN OUR CITY ON, ON WHAT THE NEED IS SPECIFIC TO THIS YOUTH OR TO THIS, UH, AGE GROUP. UM, SO AS OF YESTERDAY, THERE WERE 3,422 INDIVIDUALS ON WHAT WE CALL THE RESOURCE ELIGIBILITY LIST, WHICH IS ESSENTIALLY THE HOUSING LIST. THESE ARE PEOPLE WHO ARE HOMELESS BY HUD DEFINITION, EITHER UNSHELTERED ON THE STREETS OR IN A SHELTER. SO AS OF YESTERDAY, 3,422 PEOPLE ON THAT LIST, UH, WAITING TO BE REFERRED TO A HOUSING PROGRAM, UH, 288 OF THESE INDIVIDUALS FALL INTO THAT AGE RANGE OF 18 TO 24 YEARS OLD. UM, EXCUSE ME, SAM MINISTRIES HAS A PROGRAM THAT PROVIDES A DROP-IN CENTER, SO, UH, TARGETED SERVICES TO THIS AGE GROUP. UM, AND SO JUST TO PUT THINGS INTO PERSPECTIVE, FROM APRIL OF 2022 TO OCTOBER OF 2023, WE'VE HAD 250 UNIQUE ENROLLMENTS INTO THAT PROGRAM. OF THESE 18 TO 24 YEAR OLDS, 87% HAVE ENGAGED IN CASE MANAGEMENT SERVICES. 62% HAVE ENGAGED IN MENTAL HEALTH SERVICES. 45% OF THESE INDIVIDUALS ARE FORMER FOSTER YOUTH. THEY'VE AGED OUT OF FOSTER CARE. UH, 41% OF ENGAGED IN EDUCATION, EMPLOYMENT SERVICES WITH, OF THAT 41%, 55% SECURE IN EMPLOYMENT AND 28%, UM, EARNING THEIR HIGH SCHOOL DIPLOMA THROUGH THIS PROGRAM. SO THESE YOUNG PEOPLE, GIVEN WHAT THEY'VE BEEN THROUGH, THE THINGS THAT THEY'RE EXPERIENCING, THEY WANT HELP. YOU KNOW, A LOT OF TIMES WE HEAR SOME THINGS WHERE THEY JUST WANNA BE OUT THERE THAT THEY WANT HELP. UM, SO WE, WE, WE HAVE SOME GREAT STATISTICS AND NUMBERS THAT WE CAN, UH, SHOW AS FAR AS THIS PROGRAM AND, AND THE NEED. UM, AS FAR AS PERMANENT HOUSING, JUST FOR OUR PROGRAM, OVER THE LAST TWO AND A HALF YEARS ALMOST, WE'VE ONLY HAD 14%, UM, MOVE TO PERMANENT HOUSING. SO THAT LIST, YOU KNOW, OBVIOUSLY THE, THE NEED OUTWEIGHS THE, THE, UH, THE INVENTORY OF HOUSING THAT WE HAVE. SO WITH THAT SAN MINISTRIES, WE HAVE A 40 YEAR PROGRAM, A 40 YEAR HISTORY OF PROVIDING SERVICES AND SUPPORT TO FAMILIES AND INDIVIDUALS WHO ARE AT RISK OF HOMELESSNESS AND WHO ARE ACTIVELY EXPERIENCING HOMELESSNESS IN SAN ANTONIO. WE'RE A FUNDED PARTNER WITH THE CITY OF SAN ANTONIO ACROSS VARIOUS PROJECTS THAT WE HAVE. PROGRAMS SUCH AS OUR TRANSITIONAL LIVING FACILITY, OUR SITE-BASED PERMANENT SUPPORTIVE HOUSING PROJECT AT THE HUDSON APARTMENTS AND OUR LOW BERRY EMERGENCY SHELTER. OPERATING CLOSE PROXIMITY TO SURROUNDING BUSINESSES AND RESIDENTIAL NEIGHBORHOODS. OUR SCATTERED SITE PERMANENT SUPPORTIVE HOUSING PROGRAMS AND RAPID REHOUSING PROGRAMS ALLOW US TO PLACE HUNDREDS OF FAMILIES AND INDIVIDUALS TRANSITIONING OUT OF HOMELESSNESS INTO APARTMENT COMPLEXES AND NEIGHBORHOODS THROUGHOUT OUR CITY. UH, HOMELESSNESS IS A VERY POLARIZING SOCIAL ISSUE. AND WITH SO MANY OF OUR PROGRAMS OPERATING THROUGHOUT THE CITY, WE ARE ALWAYS STRIVING TO BE GOOD AND RESPONSIBLE NEIGHBORS. A PROGRAM SUCH AS THE ONE PROPOSED FOR THREE 15 HENRY STREETS HELPS FILL THE GAP IN AFFORDABLE HOUSING OPTIONS FOR THIS POPULATION. IT PROVIDES A SAFE SPACE FOR YOUNG PEOPLE TO GAIN THEIR BEARING AND STABILIZE. IT GIVES OPPORTUNITIES TO BREAK CYCLES OF UNHEALTHY DYSFUNCTION THAT HAS BEEN PERSISTENT FOR MANY GENERATION IN THE LIVES OF THE FAMILIES AND INDIVIDUALS THAT WE SERVE. UH, SAM MINISTRIES IS VERY APPRECIATIVE OF THE OPPORTUNITY TO PARTNER WITH MERRICK SOLUTIONS ON MAKING THIS PROGRAM COME TO FRUITION. AND WE RESPECTFULLY REQUEST THAT THE BOARD OF ADJUSTMENT COMMISSIONERS APPROVE THE VARIANCE REQUEST FOR A THREE STORY STRUCTURE AT THREE 15 HENRY STREET. THANK YOU. THANK YOU. IS THAT THE NEXT SPEAKER COME UP, MR. GREG JACKSON? YES, SIR. GOOD AFTERNOON. MY NAME IS GREG JACKSON. I'M A CO-CHAIR FOR WESTERN HOPE IN ACTION. THE NEIGHBORHOOD ASSOCIATION HAS, HAS WORKED WITH MR. MERRICKS FOR ABOUT 18 MONTHS TO GET THIS DONE. PROSPECT HILL, I DON'T KNOW HOW THEY EVEN GOT INVOLVED 'CAUSE THEY ACTUALLY SIT IN DISTRICT FIVE. MR. BRAVO, WHICH WAS THE, UH, COUNCILMAN AT THE PARTICULAR TIME. WE WERE SAT WITH HIM AND WE WERE SAT WITH THE NEW DISTRICT ONE COUNCIL REP AND WALKED THROUGH THIS WHOLE PROCESS. TERRY CASTILE, WHICH IS THE COUNCIL PERSON OVER IN DISTRICT FIVE, HAS AGREED THAT THIS IS A NEED IN THAT COMMUNITY. WE HAVE A PROGRAM AT THE FRANK GARY CENTER, WHICH IS CALLED NEXT LEVEL, WHERE WE TAKE KIDS FROM 16 YEARS OLD TO 24 YEAR OLD AND GET THEM GEDS FREE OF CHARGE. WE PARTNER WITH SAM, UH, WITH, UH, GOODWILL AS WELL. UH, I PARTNER WITH CHASE BANK. I CAN SHOW YOU THE CHECK. THEY WRITE A CHECK EVERY FOUR MONTHS FOR $150,000 THAT IF A KID GETS HIS GED, THEY MOVE RIGHT INTO JOB TRAINING. AND THIS IS WHERE THE BIGGEST PROBLEM IN SAN ANTONIO IS, IS THE 18. 'CAUSE THEY TIME OUT A FOSTER CARE AND THEN THEY'RE ON THE STREET WITH NOWHERE TO LIVE. SO, PARTNERING WITH SAMS, MR. REX, WE HAVE MET NUMEROUS TIMES AND ONCE AGAIN, I DON'T KNOW WHO CONTACTED, UH, UH, THE GENTLEMAN UP THERE, THE PROSPECT HERE, BECAUSE THEY HAVE NOTHING TO DO WITH THIS PROCESS, UH, BECAUSE IT'S TWO DIFFERENT DISTRICTS. SO, UM, EVERYBODY IN DISTRICT ONE, THE [02:00:01] NEIGHBORHOOD ASSOCIATION, 'CAUSE I REPRESENT ONE OF THE CO-CHAIRS, WE HAVE FOUR AND WE ARE ALL IN AGREEANCE. AND, UH, I THINK THIS IS THE BEST PROGRAM SINCE SLICED BREAD BECAUSE MR. MATRIX IS USING HIS OWN MONEY. WE HAVE NOT SOLICITED ANYBODY TO GIVE HIM A NICKEL. AND I THINK IF I ASK RIGHT NOW, IF ANY ONE OF Y'ALL WOULD DONATE A THOUSAND DOLLARS OR MORE, I DON'T THINK YOU WOULD EVEN DO THAT BECAUSE THE MAN IS SPENDING HIS OWN MONEY. UH, GIVE YOU A LITTLE BACKGROUND ON MYSELF. I GOT HURT IN AFGHANISTAN AND ONE OF THE BIGGEST PROBLEMS I HAD DURING THIS PROCESS OF COMING BACK TRYING TO GET INTO, INTO THE COMMUNITY, THIS IS WHAT I CHOSE TO DO, IS COME OUT AND HELP, UH, DO A GREAT JOB OF TRYING TO MARRYING UP FOLKS TO DO SOMETHING IN THEIR COMMUNITY. BECAUSE EVERY COMMUNITY SHOULD BE A SAFE HAVEN. WE HAVE HAD 21 FOLK OD IN THE LAST THREE WEEKS ON FENTANYL WITHIN THAT ZIP CODE FROM COLLAB TO Z TO WARD STREET. AND, UM, SO THE NEED IS THERE. UM, I'M NOT GONNA BEG NOBODY TO DO ANYTHING, BUT I THINK IT'S THE RIGHT THING TO DO IS ELEVATE THE BUILDING OF THREE STORIES, UH, WITHOUT A DOUBT BECAUSE IT'S NOT GONNA OFFSET ANYTHING IN THAT COMMUNITY BECAUSE LITTLE FLOWER CATHEDRALS IS THREE STORIES HIGH AND IT'S TWO BLOCKS AWAY. ALL RIGHT. THANK YOU VERY MUCH. UM, ARE THERE ANY QUESTIONS, ADDITIONAL QUESTIONS FROM THE COMMISSION BEFORE WE MOVE ON TO A MOTION? HEARING NONE, UH, COMMISSIONER KAPLAN. OKAY. OKAY, GOT IT. OKAY. SORRY. DO WE HAVE A VOICEMAIL ON THIS ONE? REGARDING CASE NUMBER BO OA DASH 23 DASH 1 0 3 0 0 2 6 0, I MOVE THAT THE BOARD OF ADJUSTMENT GRANTS A REQUEST FOR A HALF STORY VARIANCE FROM THE MAXIMUM TWO AND A HALF STORIES TO ALLOW A STRUCTURE WITH THREE STORIES SITUATED AT THREE 15 HENRY STREET. APPLICANT BEING MARKED, I'M SORRY, I'M GONNA PRONOUNCE HER NAME, ZINSKY, BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE HAVE DETERMINED SHOWED 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. STAFF FINDS THE REQUESTS ARE NOT CONTRARY TO PUBLIC INTEREST AS A TOWERING STRUCTURE WILL NOT IMPOSE INTO THE INTEREST OF THE SINGLE FAMILY. RESIDENTIAL USES TWO DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT ALTERING THE BUILDING PLANS TO ABIDE BY THE 35 FEET OR TWO AND A HALF STORY HEIGHT REQUIREMENTS AND INCORPORATE THE MINIMUM REQUIRED PARKING. THIS WOULD RESULT IN AN UNNECESSARY HARDSHIP AS THERE IS LIMITED SPACING ON THE PROPERTY TO ABIDE BY THE REQUIREMENTS. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. STAFF FINDS THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS THE SUBJECT PROPERTY IS ZONED IDZ TWO, WHICH ALLOWS FOR FLEXIBLE BUILDING REQUIREMENTS. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITHIN 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 PROPOSED STRUCTURE WILL BE THREE STORIES, THE REQUESTED VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT OF 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 THE APPLICANT HAVING SUFFICIENT TIME FOR THE PROPOSED USE. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION. SECOND. SECOND BY COMMISSIONER BRAGMAN. COMMISSIONER KAPLAN. I I'LL BE IN FAVOR OF THIS VARIANCE. UH, THERE IS TREMENDOUS NEED IN THE CITY FOR THIS KIND OF USE. UM, I THINK, UH, THAT, UH, NOT ALLOWING A THIRD FLOOR WILL, UH, AS YOU SAID, WILL HURT, UH, 12 TO 18 TEENS. AND, UH, WITH, UH, OVER 3,400 TEENS NEEDING THIS KIND OF SERVICE, EVERY UNIT IS VERY VALUABLE TO THE CITY. UM, IT WILL ALLOW, UH, CHILDREN TO TRANSITION FROM FOSTER CARE AND TO GET THEM OFF THE STREETS AND HOPEFULLY TO GET THEM TO BECOME PRODUCTIVE MEMBERS OF SOCIETY. SO I THINK THAT THE, THE GREATER GOOD OF THE COMMUNITY, [02:05:01] UH, IS BETTER THAN THE TWO AND A HALF STORIES THAT, UH, THE CITY CODE REQUIRES. COMMISSIONER BRAGMAN, UM, I AGREE WITH MY, UH, COLLEAGUE. I'LL ALSO ADD THAT, UH, WEST END HOPE IS IN SUPPORT OF THE REQUEST AND THE CONCERN BY THE PROSPECT HILL NEIGHBORHOOD ASSOCIATION WAS, UM, I THINK, UM, ANSWERED WHEN THEY GET THE PARKING ISSUE. UH, SO, AND I'M NOT SEEING ANY OPPOSITION FROM ANY OF THE IMMEDIATE NEIGHBORS WITHIN 200 FEET, SO I'LL BE IN SUPPORT. ALRIGHT, ANY OTHER COMMISSIONERS LIKE TO ADD HEARING NONE? LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BURTON, I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER ZUNIGA. I CONCUR WITH THE FINANCES OF FACT. COMMISSIONER MANA? I CONCUR WITH THE FINDINGS OF HACK COMMISSIONER BEZ. I CONCUR. COMMISSIONER ZUNA? YES, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. UH, CONGRATULATIONS. IF YOU HAVE ANY QUESTIONS, YOU CAN TALK TO STAFF. ITEM FIVE. ITEM NUMBER FIVE IS BOA CASE. DASH TWO THREE DASH 0 3 2 8 0. ADDRESS IS 4 31 CHARMAINE PLACE COUNCIL DISTRICT THREE APPLICANT IS JUAN PABLO VALEZ AND THE REQUEST IS FOR ONE A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT WITH A ONE INCH SIDE SETBACK. TWO, A ONE FOOT THREE INCH SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT TO ALLOW A FOUR FOOT, THREE INCH SOLID FENCE IN THE FRONT YARD, WESTERN PROPERTY LINE ONLY. AND THREE, A 10 INCH SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT FENCE HEIGHT TO ALLOW A FIVE FOOT 10 INCH, PREDOMINANTLY OPEN FENCE IN THE FRONT YARD, FRONT PROPERTY LINE ONLY. THE ZONING IS R SIX RESIDENTIAL SINGLE FAMILY. THE SUBJECT PROPERTY IS LOCATED ALONG CHARMAINE PLACE ON THE SOUTH SIDE OF SAN ANTONIO. THE APPLICANT CONSTRUCTED A CARPORT WITHOUT A PERMIT UPON STAFF INSPECTIONS. IT WAS FOUND TO BE ENCROACHING INTO THE REQUIRED SITE SETBACK BY FOUR FEET 11 INCHES. ADDITIONALLY, A NEW SOLID SCREEN FENCE AND PREDOMINANTLY OPEN FENCE WAS OBSERVED THAT WAS RECENTLY CONSTRUCTED. THE SOLID SCREEN FENCE MEASUREMENT AT A HEIGHT OF FOUR FOOT THREE INCHES AND THE PRO PREDOMINANTLY OPEN FENCE MEASURED AT FIVE FEET 10 INCHES. DATED PHOTOGRAPHY SHOWS PREVIOUS FRONT YARD FENCE WAS A FIVE FOOT PREDOMINANTLY OPEN FENCE. THE FRONT YARD FENCE PROVIDES A REQUIRED F 15 FOOT DRIVEWAY. CLEAR VISION, UH, THIS IS THE SITE PLAN AND SOME IMAGES OF THE SUBJECT PROPERTY AND SURROUNDING AREAS. STAFF RECOMMENDATION FOR THE SIDE SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BOA DASH 23 DASH 0 3 2 8 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE REDUCED SETBACKS WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. TWO. THE CARPORT WILL BE TOO CLOSE TO THE NEIGHBORING PROPERTY CAUSING POSSIBLE ISSUES WITH WATER RUNOFF. STAFF RECOMMENDATION FOR FENCE HEIGHT, SPECIAL EXCEPTIONS. STAFF RECOMMENDS APPROVAL IN BO OA 23 DASH 0 3 2 80 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE FENCES WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT AND ADJACENT PROPERTIES. AND TWO, THE REQUEST WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. THERE WERE MAILED 23 NOTICES, UM, ZERO IN FAVOR, ZERO IN OPPOSITION. HARLANDALE MCCOLLUM NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. ALRIGHT, UH, THANK YOU. LET'S HAVE THE APPLICANT COME FORWARD. [02:10:08] UH, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE. UH, JUAN VALEZ, HE'S MY DAD. HE'S THE OWNER OF THE HOUSE AND THE REASON WE DID THE CARPORT IS FOR HIS OF HELL. WE HAD A 2023 CAR CAMRY HELD AND WE DIDN'T GET ENOUGH MONEY FOR THAT. SO THE REASON WHY WE BUILT IT, WE HAVE PROBABLY ABOUT FOUR CARS THAT ARE NEW. THEY'RE 2020 ONES, 2022 AND WE JUST GOT A 2024 TRUCK AND YOU KNOW, THE HELL INSURANCE DON'T REALLY COVER US. SO THAT'S THE REASON WHY WE GOT A CARPORT. AND THE CARPORT HAS IN THE HOUSE WE HAVE WATER TUNNELS. SO THE CARPORT, WE MADE IT UNEVEN JUST FOR NOT TO GET IT TO THE NEIGHBORS. SO EVEN THOUGH IF IT RAINS, THE WATER'S GONNA GET IN THE NEIGHBORS, YOU KNOW WHAT I MEAN? BUT THE REASON WE'RE JUST HERE TO STAND FOR Y'ALL. Y SO YOU, YOU, YOU, YOU'RE SAYING THAT THERE'S A GUTTER, AN INTERNAL GUTTER TO GET? YES MA'AM. WE GOT PROOF. SOME VIDEOS. SEE, SEE. AND WE LEFT IT UNEVEN FOR JUST THE WATER GO DOWN TOWARDS THE PROPERTY. YES MA'AM. WE'RE OURSELVES BUILDING AND THE FENCE AS WELL. WE BUILT THE FENCE. OKAY. YES MA'AM. YES SIR. IS THERE ANY QUESTIONS FROM THE COMMISSION? MANANA, COMMISSIONER MANANA QUESTIONS FOR CITY STAFF? UM, SO, SO WE HAVE A SOLID WALL ON THE CARPORT ITSELF. DOES THAT STILL QUALIFY AS A CARPORT OR WHEN DOES IT CHANGE FROM BEING A CARPORT TO A DIFFERENT TYPE OF STRUCTURE? I BELIEVE AS LONG AS HE HAS TWO OPENINGS. LEMME VERIFY THAT. YEAH, IT ALMOST LOOKED LIKE IT COULD BE A, A GARAGE OR WAS THERE EVER A GARAGE? NO, IT WAS NEVER A GARAGE. WE DID IT 'CAUSE OF HELL. THAT'S THE MAIN REASON WHY. OKAY. TO PROTECT OUR VEHICLES. SO THAT, SO ON THE SIDE NEXT TO IT, IT LOOKS LIKE THAT WAS AN ADD-ON THAT ROOM THAT WAS NOT ORIGINALLY A GARAGE IN THE HOUSE. I'M SORRY, YOU SAID WHAT AGAIN, MA'AM? WHAT'S THAT? OKAY. YOU SEE WHERE THE COLOR CHANGES TO DARKER BROWN, UH, THE ROOM THAT'S RIGHT NEXT TO THE CARPORT THAT LOOKS LIKE THAT WAS ORIGINALLY A GARAGE OR WAS IT AH, NO, THERE WAS NEVER A GARAGE THERE THAT WAS ALREADY THERE. IT'S JUST MY DAD ADDED THE ROCK IN THE SIDE IS THAT'S THE DIFFERENCE. YES, MA'AM. OKAY. SO AS LONG AS IT'S NOT ENCLOSED IN THREE OR MORE SIDES, IT'S STILL CONSIDERED A CARPORT. OKAY. OKAY. COMMISSIONER ZUNA, UH, QUICK QUESTION. YES. UH, THE NEIGHBOR THAT'S MOST AFFECTED THAT, THAT SIDE YARD, HAVE YOU TALKED WITH THEM AND THEY'RE AN APPROVAL? UH, NO SIR. THEY USUALLY COMPLAIN ABOUT A LOT OF THINGS. SO THERE'S NOT A COMMUNICATION WITH THEM OR NOTHING? YES, SIR. OKAY. OKAY. THANK YOU. UH, QUESTION FOR STAFF. UH, SIDE OF THIS CARPORT, IT'S CORRUGATED METAL. IS THAT ANY ISSUE FOR US BECAUSE IT'S PART OF THE CARPORT? NO. OKAY. ANOTHER QUESTION. , HOW WAS THIS CASE ORIGINATED? SAY THAT ONE MORE TIME. HOW WAS THIS CASE ORIGINATED? OH, CODE COMPLIANCE, UH, BECAUSE OF THE CARPORT, UM, WITHOUT A PERMIT AND THEN LATER ON FOUND OUT IT NEEDS A SETBACK VARIANCE AND LATER ON DURING SIDE VISITS ABOUT THE FENCE. MANON COMMISSIONER MANON. UH, I GUESS A QUESTION I HAVE ABOUT THE, YOU KNOW, THE CORRUGATED METAL SIDE THERE IS THAT, TO ME THIS LOOKS LIKE ESSENTIALLY THE FENCE EXTENDED UP 10 FOOT THAT HAPPENS TO MEET A CARPORT WALL. AND SO, SO HOW DO WE DIFFERENTIATE A, YOU KNOW, IN THIS CASE, UM, A 10 FOOT FENCE OR TALLER VERSUS BASICALLY A CARPORT ON A ZERO, YOU KNOW, ON AGAINST THE LOT LINE. UH, BE SINCE IT DOESN'T CONTINUE PAST THE CARPORT? UM, YOU KNOW, WE CAN MAKE THE ARGUMENT EITHER WAY. I UNDERSTAND WHAT YOU'RE SAYING. UM, BUT WE MADE THE DETERMINATION, SINCE IT DOESN'T CONTINUE PAST THE CARPORT, IT'S NOT, IT WOULDN'T BE NOT CONSIDERED A FENCE, IT WOULD JUST BE PART OF THE CARPORT. SO, SO I GUESS FOLLOWING UP ON THAT QUESTION, IF I OPPOSED, WE'LL SAY, SAID WALL, UM, IF I VOTE FOR THE CARPORT, THE WALL CAN STAY. UM, YOU KNOW, IS THAT WHAT I'M HEARING? YEAH, IT'S, SO QUESTION FOR LEGAL, CAN, CAN A MOTION BE MADE CONSTRUCTED, UH, REGARDING THE CARPORT TO WHERE IT'S ONLY THE TOP COVER AND NOT A WALL ONLY SUPPORT BEAMS? UH, I THINK THAT'S PUTTING TOO MANY CONDITIONS ON IT. UM, YOU'RE KIND OF, YOU KNOW, DICTATING IF WHAT'S OTHERWISE ALLOWABLE. UM, I WOULDN'T RECOMMEND IT. OKAY. I, I HAVE A THING ABOUT THE FOUR FOOT THREE SOLID FENCE THAT GOES OUT TO THE FRONT YARD. UH, DID YOU CONSTRUCT THIS YOURSELF? YES MA'AM. WE DID IT OURSELVES AS WELL. AND SO IT WOULDN'T BE THAT BIG OF A BURDEN FOR YOU TO TAKE IT DOWN TO THE CORRECT HEIGHT. UH, WHAT WAS THE HEIGHT AGAIN? WE, WE HAVE THE BIT OF EVERYTHING AS WELL. YEAH. THE CORRECT HEIGHT IS, IT'S THREE FOOT SOLID, BUT IT CAN BE FIVE FOOT PREDOMINANTLY OPEN. SO YOU CAN HAVE THREE FOOT SOLID AND THEN YOU CAN HAVE TWO FEET OF, OF THE, UH, THE PICKETS IF YOU WISH. RIGHT. AND IF YOU NOTICE, YOU CAN CHECK IN THE PROPERTIES. OTHER PROPERTIES HAVE BIGGER FENCES THAN US AND RIGHT NEXT TO US IS THERE ANOTHER HOUSE EXACTLY THE SAME? SO I DON'T KNOW WHY OUR, OUR HOUSE HAS A PROBLEM WITH THAT. [02:15:02] WHO, HOW, HOW DID THIS COME TO THE UH, CODE COMPLIANCE? TO TO CODE COMPLIANCE? YEAH, IT'S CODE COMPLIANCE. SO, UM, I'M NOT SURE IF SOMEBODY CALLED IT IN OR THEY, THEY WERE DOING A DRIVE OF THE AREA. OKAY. SO HERE'S, HERE'S, HERE'S WHAT I'M SENSING WITH THIS. I MEAN, THE FENCING, WE CAN DELIBERATE TAKE A VOTE. THE ISSUE WITH THE CARPORT IS, UM, IT DOESN'T LOOK LIKE YOU ARE, YOU'RE GARNERING SUPPORT OF ENOUGH COMMISSIONERS, UH, FOR THE CARPORT AS IT'S CONSTRUCTED. UH, THERE'S BEEN SOME, UH, UM, COMMENTARY ABOUT THE LONG WALL THAT'S MADE OUT OF, OF, UH, CORRUGATED METAL THAT COULD BE AN, UH, A HURDLE FOR SOME COMMISSIONERS TO GET OVER. AND SO THE QUESTION IS, IS THAT WHAT CAN BE DONE ABOUT IT? UH, IS THIS SOMETHING THAT, IS THERE A, IS THERE, CAN THEY, WELL THAT'S ALREADY BUILT, BUT CAN THEY AMEND THEIR PLAN SOMEHOW? IS THERE SOME WAY TO GET TO A POINT WHERE WE'RE JUST LOOKING AT A COVER AND NOT THE WALL? IS THERE ANY PATH? I'M JUST LOOKING FOR SOMETHING. IS THAT SOMETHING THE APPLICANT CAN DO? IF THE APPLICANT WOULD, UH, CHOOSES TO AMEND THEIR APPLICANT TO REFLECT, UM, YOU KNOW, AS AN AS BUILT? OKAY, SO WHAT'S HAPPENING IS YOU ARE ALLOWED ON YOUR OWN RECOURSE. SO AMEND YOUR APPLICATION TO, UH, AND THE ISSUE AT BAY IS, IS THAT YOU HAVE A COVERED CARPORT AND THEN YOU HAVE A FENCE THAT EXTENDS ALL THE WAY TO THE GROUND, APPROXIMATELY 10 FEET TALL IF THE, IF YOU ARE ALLOWED TO HAVE A FENCE ON THE SIDE OF YOUR HOME. BUT A FENCE CANNOT BE CORRUGATED METAL. ALRIGHT. AND SO BECAUSE YOU CONSTRUCTED THAT SIDEWALL AS PART OF YOUR CARPORT, IT'S NOT A FENCE. AND THAT'S SOME MEMBERS OF THIS COMMISSION TO GET OVER, UM, MYSELF INCLUDED. UH, AND SO YOU CAN AMEND YOUR APPLICATION TO NOT, AND NOT HAVE IT INCLUDE THE SIDEWALL PORTION AND INSTEAD, AND GET RID OF ALL THE CORRUGATED METAL AS A WAY TO APPEAL TO, TO A NUMBER OF COMMISSIONERS THAT MIGHT BE AGAINST IT. UH, OR YOU CAN TAKE YOUR CHANCES AND YOU NEED NINE VOTES FOR THIS THING TO PASS. AND I'LL, I'LL OFFER THAT. UH, WHAT WOULD YOU LIKE TO DO? I WOULD TAKE THE BOATS INSTEAD. DENY IF WE DENY IT, YOU, THAT'S IT. IT'S OVER. IF IT'S DENIED, THEN YOU LOSE THE ENTIRE CARPORT. 'CAUSE YOU'D HAVE TO, UM, ABIDE BY THE FIVE FOOT SIDE SETBACK. SO IT'S NOT JUST MEETING THE GARAGE. YOU'D, YOU'D, YOU'D YEAH, WE HAVE 10 VOTING MEMBERS. THERE'S PROBABLY, THERE'S PROBABLY ABOUT LIKE FOUR DIFFERENT HOUSES AROUND THE BLOCK'S WITH DIFFERENT, THAT'S NOT A, THAT'S NOT OUR CONCERN THOUGH. POWER PORTS AND EVERYTHING, SO. WELL, IT'S, I DON'T KNOW WHY THERE'S A PROBLEM THAT MANANA COMMISSIONER MANAM. UM, IS THERE ANYBODY ELSE HERE TO SPEAK? SO, OKAY, WE HAVE SOMEONE SIGN UP TO SPEAK. WE HAVE ONE ONE SPEAKER. ONE SPEAKER. OKAY. SO WE'RE GONNA LISTEN TO, UM, SOME, UH, CITIZEN TIME TO SPEAK. LET'S HAVE, UH, THE CITIZEN COME UP. MR. GUILLERMO GUZMAN. ALL RIGHT. HI, MY NAME IS GUILLERMO GUZMAN AND I AM A SEVENTH GENERATION TEXANS. MY ANCESTOR FOUGHT AND DIED AT THE ALAMO. HIS NAME IS RIO ESPARZA. AND I AM AGAINST THIS WALL BECAUSE IT IS IN THE SUMMER. IT GETS REALLY HOT. AND THIS SUMMER WAS BRUTALLY HOT, AS WE ALL KNOW. IT WAS ONE OF THE HOTTEST SUMMER, IF NOT THE HOTTEST. AND THE HOUSE IS, MY HOUSE SITS ON THE WEST SIDE OF THIS HOUSE WHERE THAT CAR IS, WHERE THAT CAR IS. THAT GRAY CAR, MY HOME, THAT'S MY HOME. AND THE HEAT REFLECTS THAT WALL. AND THEN MY HOUSE BRUTALLY HOT. MY AIR CONDITIONING COULDN'T KEEP UP WITH THE HEAT. I HAD TO TURN ON A SECOND BIGGER AIR CONDITION. SO MY ELECTRIC BILL WAS EVEN HIGHER THAN USUAL. I'M ALSO DISABLED. I'M AT HOME MOST OF THE, MOST OF THE TIME, MOST OF THE TIME. COMING OVER HERE WAS A TREAT FOR ME 'CAUSE I GOT TO GET OUT OF THE HOUSE. YOU KNOW, IT'S JUST, I'M, I'M ALWAYS AT HOME MOST OF THE TIME. AND ON THE WEEKENDS SOMETIMES I, I'LL BE ABLE TO GET OUT AND DO SOME THINGS, BUT IT'S, IT IS HOT. IT'S HOT IN THE HOUSE IN THE SUMMER AND IT IS THAT, AND THAT WALL MAKES IT EVEN HOTTER. AND THEN IT HASN'T RAINED LATELY, BUT WHEN IT RINGS HARD, I'LL GUARANTEE YOU SOME OF THAT WATER'S GONNA FALL ONTO MY PROPERTY AND MESS UP MY FOUNDATION. OKAY. UH, I MAY, [02:20:01] I ATTENDED ST. PHILIP'S COLLEGE. MY, MY CERTIFICATE WAS IN MODERN HOME BUILDING, SO I KNOW A THING OR TWO ABOUT A THING OR TWO ABOUT CONSTRUCTION. YEAH. WELL, YEAH, AND YOU CAN SEE I'M DISABLED AND I'M, I'M AT HOME AND I'M ALSO HAVE A LOT OF, UH, MEDICAL EQUIPMENT THAT I NEED TO USE TO GET AROUND THE HOUSE AND STUFF. AND, AND THAT'S, AND TO GET TO MY BACKYARD AND EVERYTHING. SO IT'S, IT'S, IT'S, IT, IT'S REAL HOT. AND, AND THAT'S WHY I COMPLAIN. 'CAUSE YOU KNOW, MY ELECTRIC BILL, I'M ON A FIXED INCOME. MY ELECTRIC BILL WAS BETWEEN FOUR, BETWEEN THREE AND $400 A MONTH THIS PAST SUMMER. THANK YOU. THANK YOU. MANNA COMMISSIONER MANNA, UH, THIS IS FOR, UH, THE PERSON CURRENTLY SPEAKING. SO, SO THE QUESTION I HAVE, YOU KNOW, WE, WE'VE HAD DIALOGUE WITH REGARDS TO THE SIDE OF THE SIDE OF THAT CARPORT THERE. AND, AND BY PERMIT OR YEAH, BY PERMIT. THEY COULD HAVE A SIX FOOT, UH, WOODEN FENCE THERE OR PREDOMINANTLY CLOSED FENCE THERE. AND SO, BUT THAT WOULD LEAVE THE TOP OPEN. FROM YOUR PERSPECTIVE, WOULD, WOULD THAT ALLEVIATE SOME OF THE CONCERNS THAT YOU HAD? IF IT WAS INDEED A SIX FOOT PRIVACY FENCE AND THEN LEAVING THE TOP OPEN TO ALLOW FOR THE, IF IT WAS A WOODEN FENCE, IT WOULDN'T REFLECT THE, THE HEAT SO MUCH, YOU KNOW, ONTO MY HOUSE. OKAY, THANK YOU. ALRIGHT, SO LET'S HAVE THE APPLICANT COME BACK UP. WE HAVE OPTIONS AND ANOTHER, CAN I SAY ONE MORE THING? OF COURSE YOU CAN GO AHEAD. UM, HIS FENCE IS ACTUALLY FOUR INCHES ON MY PROPERTY, BUT I CAN'T AFFORD A SURVEYOR 'CAUSE I'M ON A FIXED INCOME. I LOOKED INTO IT, GOT AN ESTIMATE AND I, YOU KNOW, I COULDN'T AFFORD ONE. SO TO SURVEY THE PROPERTY TO MAKE SURE THAT, AND I KNOW FOR SURE HE'S FOUR INCHES PAST THE PROPERTY WHEN HE BUILT THAT FENCE. 'CAUSE BEFORE IT WAS A, IT WAS JUST A CHAIN LINK FENCE. OKAY, THANK YOU. YEAH, WE'VE BEEN LIVING THERE FOR OVER 30 YEARS AT THAT PROPERTY. YES. THANK YOU. SO THE APPLICANT COME BACK UP. OKAY. SO YOU'VE HEARD OUR QUESTIONS AND CONCERNS AND YOU'VE HEARD CONCERNS OF, OF CITIZENS HAVING TO SPEAK. UM, I'M GONNA PUT IT OUT THERE ONE MORE TIME IF YOU WANT TO, UM, AMEND YOUR APPLICATION IF YOU WISH. IF NOT, WE CAN JUST MOVE FORWARD AS IS. AND WHAT DO YOU MEAN BY AMEND? WHAT DO YOU MEAN? JUST TO GET MORE INFORMATION. UH, IF YOU, UH, STATE THAT YOU'RE AMENDING YOUR REQUEST TO, UH, FOR YOUR CARPORT TO NOT INCLUDE A SIDEWALL COMPONENT, YOU COULD STILL HAVE A SIX FOOT FENCE. IT'D HAVE TO BE MADE OUT OF WOOD. UH, UH. BUT IF YOU REMOVE THE SIDEWALL COMPONENT OF THE CARPORT, UH, THEN, THEN YOU COULD JUST HAVE POSTS THAT WOULD HOLD IT UP, UH, AND, AND THEN, THEN WE COULD VOTE ON THAT. WAS THERE, IS THERE A WAY FOR US TO COVER IT UP ALL THE WAY WITH WOOD JUST SO WE CAN HAVE IT PROTECTED? BECAUSE THAT'S ME. NO, WE DID IT BECAUSE OF THE HELL. WE DID NOT. WE'RE NOT DOING IT. WE'RE NOT DOING IT 'CAUSE NO OTHER REASON. AND PEOPLE JUMP OVER THE, OUR FENCES. IF THAT'S HOW YOU WANT TO AMEND YOUR APPLICATION, YOU CERTAINLY CAN. UH, WHETHER THAT WILL GARNER SUPPORT BY NINE OUT OF THE 10 COMMISSIONERS SITTING UP HERE. REMEMBER YOU NEED NINE OF US TO VOTE FOR THIS. YES SIR. SO, UM, I'LL LEAVE IT UP TO YOU, WHATEVER YOU WOULD LIKE TO AMEND IT TO OR NOT AT ALL, THEN WE'LL FIX IT THEN IF, OKAY. SO WHAT ARE YOU AMENDING YOUR APPLICATION TO? UH, TO FIX FENCE, TO REMOVE THE SIDEWALL OF THE CARPORT, THE SENTENCING . IT'S, WE'LL DO THAT AN EXTENSION THEN FOR OUR TO, FOR OUR REPORT. SO HE'S AMENDING HIS APPLICATION TO REMOVE THE SIDEWALL COMPONENT OF THE CARPORT, CORRECT? YES, SIR. ALL RIGHT. . WELL, NO, HE'S, WELL, YEAH. 'CAUSE IF HE REMOVE THE SIDEWALL, IT'S NOT A WALL ANYMORE, HE'D HAVE TO USE SUPPORT BEAMS AND IF HE BUILDS ANY SORT OF A FENCE, IT CAN, HAS TO COMPLY WITH THE FENCING CODE. IT CAN'T BE HIGHER THAN SIX FEET. HAS TO EITHER BE WOOD OR, OR IT COULD BE, UM, CORRUGATED METAL. UH, NOT QUITE. OR IT COULD BE, UH, I SHOULDN'T SAY WROUGHT IRON OR OTHER ACCEPTABLE MATERIAL, BUT HE CANNOT HAVE CORRUGATED METAL WALL UP TO THE TOP. SO, AND JUST REAL QUICK, OUR CEILINGS IS METAL AS WELL, SO IT'S GONNA REFLECT NO MATTER WHAT. SO WELL THAT'S THE CONSTRUCTION OF THE ACTUAL PHYSICAL COVER OF THE CARPORT. THAT'S A STRUCTURAL THING THAT'S NOT A FENCE. MAKES SENSE. OKAY, SIR. YES, SIR. EVERYBODY GOT THAT? YEAH. ALL RIGHT. SO I WAS LOOKING FOR HIM. HE ACCEPTED IT. WELL HE MADE, HE, HE AMENDED IT HIMSELF. SO YOU AMENDED IT TO, YOU'RE GONNA PUT A SIX FOOT FENCE. HE'S JUST FOR, HE CAN KEEP THE, THE FENCE IS YEAH, HE CAN PUT A SIX FOOT FENCE WITH OR WITHOUT US. YEAH, HE'S JUST REMOVING THE SIDEWALK COMPONENT OF HIS PROPOSED CAR, OF HIS CARDBOARD. SO I HAVE NO PROBLEMS. YES, MA'AM. ALRIGHT, LET'S HAVE A MO LOOKING FOR A MOTION. MANAM COMMISSIONER MANNA. OKAY, SO REGARDING CASE NUMBER BO 8 2 3 1 0 3 0 0 2 8 0, [02:25:02] I MOVED THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A ONE A FOUR FOOT 10 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT, UH, WITH A ONE INCH SIDE SETBACK AMENDED, UH, PER THE APPLICANT WITH REGARDS TO THE SIDINGS. UM, TWO, A UH, ONE FOOT, THREE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT TO ALLOW A FOUR FOOT, THREE FOOT, PREDOMINANTLY OPEN FENCE IN THE FRONT YARD, WESTERN PROPERTY LINE ONLY. UM, AND THREE, A 10 FOOT, UH, SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT FENCE HEIGHT TO ALLOW A FIVE FOOT 10 INCH PREDOMINANTLY OPEN FENCE IN THE FRONT YARD, FRONT PROPERTY LINE ONLY SITUATED AT 4 3 1 CHARMAINE PLACE. APPLICANT BEING JUAN VALDEZ BECAUSE OF TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED, SHOW THAT THE A, UH, SHOW THE, UH, THAT THE PHYSICAL CHARACTER PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS SUBMITTED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT JUAN, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. UH, IN THIS CASE, A PUBLIC INTEREST REPRESENTED BY SETBACK REQUIREMENTS TO PREVENT WATER RUNOFF AND ADEQUATE SPACING BETWEEN PROPERTIES. THE REQUESTED VARIANCE DOES NOT SEEM TO BE CONTRARY TO THE PUBLIC'S INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT ADJUSTING THE LOCATION OF THEIR STRUCTURE TO MEET REQUIRED SETBACKS, WHICH THEY CANNOT MEET DUE TO THE SIZE OF THE LOT. 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 THE SIDE SETBACK VARIANCE WILL NOT OBSERVE THE SPIRIT OF THE ORDINANCE AS THE SIZE OF THE LOT IS TOO SMALL TO ACCOMMODATE THE REQUIRED SETBACK. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION VIEWS OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THIS VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED. IF THE SIDE SETBACK VARIANCE IS GRANTED, THE CARPORT WILL BE ONE INCH FROM THE NEIGHBORING PROPERTY, WHICH IS AN APPROPRIATE DISTANCE THAT WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX, APPLY THE PROPERTY OWNER, THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND EACH CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT, WHICH HIS PROPERTY IS LOCATED. AND A MOTION SECOND BY COMMISSIONER KAPLAN. UH, I'D LIKE TO OFFER A FRIENDLY AMENDMENT. YOU HAD STATED THE FOUR FOOT THREE FENCE WAS PREDOMINANTLY OPEN, BUT HE'S ASKING FOR A SOLID, HE CAN ALREADY DO A FIVE FOOT, PREDOMINANTLY OPEN. IT'S NOT A, IT WOULDN'T BE A VARIANCE IF IF, UM, ACTUALLY I KIND OF LIKED IT. UH, PRIMARILY OPEN, BUT, UM, WELL, HE, THE VARIANCE IS FOUR, FOUR FOOT, THREE FOOT FENCE. SOLID. SOLID. BUT IF YOU, IF YOU SAY PREDOMINANTLY OPEN, IT DOESN'T NEED TO BE A VARIANCE. 'CAUSE YOU CAN ALREADY DO A FIVE FOOT PREDOMINANTLY OPEN. SO THEN MAYBE I'LL STRIKE THAT PARTICULAR LINE THEN. OKAY. SO, SO I JUST WANTED TO CLARIFY. I WAS LOOKING FOR PREDOMINANTLY OPEN ALONG THE FRONT. 'CAUSE I, AS I DRIVE DOWN THAT STREET, THAT'S WHAT I SEE PRETTY MUCH DOWN THE ENTIRE STREET IS PREDOMINANTLY OPEN CHAIN LINK FENCE. AND SO THIS IS KIND OF, YEAH, NO, I'M TALKING ABOUT THE SIDE THOUGH. I KNOW EXACTLY WHAT I'M SAYING. OKAY, SO DOWN THE FRONT, DOWN THE, AS I DRIVE DOWN THE STREET, THAT'S WHAT I SEE IS PREDOMINANTLY OPEN CHAIN LINK FENCE UP AND DOWN THAT STREET. OKAY, SO WE, WE WILL STRIKE, YOU'RE STRIKING THE PREDO, THE VARIANCE FOR THE FOUR FOOT, THREE FOOT, FOUR FOOT, THREE INCH PREDOMINANTLY OPEN STATEMENT. OKAY, WELL, SO DO YOU ACCEPT THAT ME, I MEAN, YOU DON'T HAVE, I, THE THING IS THAT IF, IF WE APPROVE IT THE WAY IT'S READ, IT'S NOT A VARIANCE. IT'S THREE. I I, YEAH, I COMMISSIONER, CAN YOU USE YOUR MICROPHONE PLEASE? I WOULD LIKE TO STRIKE IT. OKAY. SO THAT'S, THAT PROVISION IS STRUCK, UH, FROM THE, UH, MOTION AND, UM, COMMISSIONER MANNA. SO, UM, SO YEAH, SO I GUESS, UM, I'M GLAD THAT THE APPLICANT AMENDED THE APPLICATION 'CAUSE I WAS REALLY STRUGGLING WITH THE LINE OF THAT SIDING THERE. AND THEN ALSO GIVEN THAT THE, UH, INPUT PROVIDED THE BY THE NEIGHBOR THEMSELVES. SO, SO THAT WAS NOT GOING TO WORK FOR ME. AND SO, SO I THINK, UH, GOING DOWN THIS PATH, YOU KNOW, IT DOES OPEN UP FOR, UM, FOR ONE SIGHT LINES, TWO FOR VIEWS, AND THREE, UH, KIND OF KEEPS THAT NEIGHBOR, YOU KNOW, STILL COMFORTABLE AND PROTECTS THE VEHICLE, UM, AS WE'VE KIND OF TALKED ABOUT IN LOTS OF OTHER CASES BEFORE. SO, SO AS ADMITTED, I WILL BE, UM, APPROVING THIS. ALL RIGHT, COMMISSIONER GALIN? YEAH, AND FOR THE SAME REASONS I AGREE TOO, UH, THE NEIGHBOR SHOULD BE, UH, A LITTLE HAPPIER NOT HAVING THE REFLECTION OF THE CORRUGATED METAL, UM, GOING INTO THEIR HOUSE. AND I ALSO SEE NO NEED TO HAVE A FIVE FOOT HIGH FENCE COMING OUT TO THE FRONT YARD. UM, THE FRONT YARD FENCE IS VERY NICE. YOU'VE DONE VERY, VERY NICE CONSTRUCTION, UM, FOR THE APPLICANT. BUT [02:30:01] I THINK, UH, THE SIDE STUFF HAS BEEN A LITTLE EXCESSIVE. IS THERE ANYONE ELSE LIKE TO ADD HEARING NONE HAVE ROLL CALL VOTE. COMMISSIONER MANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER KAPLAN, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BURTON, I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. COMMISSIONER DEAN, I DO NOT CONCUR. COMMISSIONER CRUZ, I CONCUR. COMMISSIONER ZUNIGA, I CONCUR. COMMISSIONER BEAVIS, I CONCUR. COMMISSIONER BRAGMAN, I CONCUR THE FINDINGS OF FACT. COMMISSIONER O ZUNA. YES, I CONCUR. CHAIR ORIAN AND I CONCUR THE FINDINGS OF FACT. MOTION PASSES 10 TO ONE, UH, FOR THE APPLICANT. WHAT WAS, WHAT WAS APPROVED, UH, WAS YOU CAN HAVE A COVERED CARPORT, BUT YOU CAN'T HAVE A SIDEWALL AS YOU AMENDED. AND THEN ALSO THE FENCE THAT'S ON THE SIDE CANNOT EXCEED MORE THAN THREE FEET TALL, SOLID, UH, IT CAN BE. AND THEN BEYOND THAT IT CAN BE FIVE FEET PREDOMINANTLY OPEN. SO IF YOU HAVE ANY QUESTIONS, YOU CAN, UH, TALK TO STAFF. THANK YOU. ITEM SIX, CHAIRMAN. YES. SO, YOU KNOW, JUST REITERATING, I'M, I'M SORRY, I APOLOGIZE. GOING BACK TO THE POINT, SO IF SO, COULD IT NOT, IT COULD BE THAT THE WHOLE SIDE FENCE IS PREDOMINANTLY OPEN. SURE. THEY CAN BE UP TO FIVE FEET. YEAH. SO SOLID THREE FOOT CAN BE PERMITTED, BUT IT COULD BE OPEN AS WELL. YEAH, THEY COULD DO THREE FOOT AND THEN TWO FOOT OF RUN IRON IF, OR FIVE FOOT OPEN OR FIVE FOOT PREDOMINANTLY. RIGHT. ITEM NUMBER SIX, IT'S BO OA DASH 23 DASH 0 3 0 0 2 88. ADDRESS IS 2 2 1 IOWAS STREET IN CITY COUNCIL DISTRICT TWO, THE APPLICANT IS SLAY ENGINEERING CO. AND THE REQUEST IS FOR A 12 FOOT VARI FROM THE REQUIRED 20 FOOT GARAGE SETBACK TO ALLOW GARAGE TO BE EIGHT FEET FROM THE FRONT PROPERTY LINE. AND TWO, A 22 FOOT VARIANCE FROM THE MINIMUM 30 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE EIGHT FEET FROM THE FRONT PROPERTY LINE. AND THE CURRENT ZONING IS I ONE INDUSTRIAL DISTRICT. THE SUBJECT PROPERTY IS LOCATED ALONG IOWA STREET, SOUTH OF EAST CAESAR CHAVEZ BOULEVARD. PRIOR TO CONSTRUCTION, THE APPLICANT IS SEEKING TWO VARIANCES TO BUILD A STRUCTURE TO STORE VEHICLES. THE PROPERTY ZONE I ONE, UM, INDUSTRIAL DISTRICT, WHICH REQUIRES A MINIMUM 30 FOOT FRONT SETBACK, AND THE APPLICANT IS PROPOSING IT TO BE EIGHT FEET. UM, DUE TO THE STRUCTURE BEING USED AS A GARAGE, IT IS ALSO MANDATORY THAT THE STRUCTURE BE A MINIMUM OF 20 FEET FROM THE, UH, FRONT PROPERTY LINE TO PREVENT VEHICLES FROM PARKING WITHIN THE RIGHT OF WAY. UM, THE STRUCTURE IS, AGAIN, THE STRUCTURE IS ANTICIPATED ON BEING EIGHT FEET FROM THE FRONT PROPERTY LINE. AND, UM, THIS IS THE SITE PLAN WITH BOTH VARIANCES AND THIS IS THE SUBJECT PROPERTY AND THE LOCATION OF WHERE THE GARAGE IS GOING TO BE, WHERE THE STRUCTURE'S GONNA BE, AND THE SURROUNDING AREAS. STAFF RECOMMENDATION FOR THE, UM, FRONT AND GARAGE, UH, SETBACK VARIANCES STAFF RECOMMENDS AN APPROVAL IN BO OA DASH 23 DASH 1 0 3 0 0 2 88 BASED ON THE FOLLOWING. ONE, THE STRUCTURE DOES NOT APPEAR TO IMPOSE ON THE PUBLIC INTEREST OF THE ADJACENT NEIGHBORS AS THERE IS ENOUGH SPACING BETWEEN THE ABIDING PROPERTIES AND STRUCTURES AND TWO, ABIDING BY THE FRONT AND GARAGE SETBACK REQUIREMENTS WOULD RESULT IN LESS, UM, BUILDABLE AREA AND A SQUARE FOOTAGE FOOTAGE REDUCTION FOR THE STRUCTURE. AND THIS IS THE NOTIFICATION PLAN. STAFF MAILED OUT 25 NOTICES, UM, ZERO RETURNED IN FAVOR, ZERO IN OPPOSITION. WE HAD NO RESPONSE FROM THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION AND NO RESPONSE FROM THE DOWNTOWN NEIGHBORHOOD ASSOCIATION, WHICH IS OUTSIDE THE 200 FEET. AND THAT CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. GREAT. LET'S HAVE THE APPLICANT COME UP. HELLO, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. GOOD MORNING OR GOOD AFTERNOON. MY NAME IS ADAM WALL. I'M WITH SLAY ENGINEERING AND WE'RE REPRESENTING A DESIGN PROJECT THAT BEXAR COUNTY HAS REQUESTED US TO TAKE ON. THE PROJECT IS FOR A, UH, MOBILE RECORDS VEHICLE THAT THEY ARE IN THE PROCESS OF PURCHASING. UH, IT'S BASICALLY FOR THE COUNTY CLERK IN ORDER TO GO OUT TO OUTSIDE, SO TO MAKE IT EASIER FOR, FOR PEOPLE TO BE ABLE TO GET THEIR RECORDS SO THAT THE MOBILE RECORDS SERVICES PROVIDES, UH, MILITARY DISCHARGE, UH, PAPERS, UH, BUSINESS NAMES AND CHANGES, ORIGINAL REAL ESTATE, PROPERTY MARRIAGE LICENSES. UH, AND YOU CAN OBTAIN CERTIFIED COPIES OF OF DOCUMENTS. AND, UH, BEXAR COUNTY CLERK'S, GIS MAPS AND SPANISH ARCHIVES. [02:35:01] UH, THE, THE CURRENT VEHICLE THEY HAVE IS A, ABOUT THE SIZE OF A VAN THAT IS CURRENTLY PARKED, UH, IN A LOADING DOCK AREA. THIS, THIS IS ABOUT A 12 TON VEHICLE. IT'S ABOUT THE SIZE OF A, A HUGE, UH, COMMAND VEHICLE YOU MIGHT SAY. AND, UH, THEY'RE TRYING TO PROTECT IT. THE PURPOSE, THIS IS NOT A GARAGE, IT'S MERELY FOR STORAGE OF THIS VEHICLE ACROSS THE STREET FROM THE COUNTY CLERK'S OFFICES. OKAY. AND SO THIS, YOU DON'T, THERE'S NO ANTICIPATION FOR IT TO BE COMING AND GOING REGULARLY. NO LONG-TERM STORAGE KIND OF THING. IT'S JUST STORAGE FOR IT OVERNIGHT, STORAGE OVERNIGHT WHEN THEY TAKE IT OUT. OKAY. UH, IS THERE ANY QUESTIONS FOR THE APPLICANT FROM THE COMMISSION? ALL HEARING NONE. ALL RIGHT. UH, IF THERE'S, YES, COMMISSIONER ZUNA, I'M JUST ASKING FOR ANY PUBLIC, UH, COMMENT. OH, YEAH. IS THERE ANY PUBLIC COMMENT? NO. ALL RIGHT. NO PUBLIC COMMENT. LOOKING FOR A MOTION. MANNA COMMISSIONER ZUNA? YEAH. REGARDING CASE NUMBER BO OH EIGHT DASH 23 DASH 0 3 0 0 2 8 8, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR ONE, A 12 FOOT VARIANCE FROM THE REQUIRED 20 FOOT GARAGE STEPBACK REQUIREMENT TO ALLOW A GARAGE TO BE EIGHT FEET FROM THE FRONT PROPERTY LINE AND TWO, A 22 FOOT VARIANCE FROM THE MINIMUM 30 FOOT FRONT STEPBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE EIGHT FEET FROM THE FRONT PROPERTY LINE SITUATED AT 2 21 IOWA STREET, APPLICANT BEING SLIGHT ENGINEERING COMPANY, INC. BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE DETERMINED SO THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRACT TO THE PUBLIC INTEREST. AND THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY A MINIMUM FRONT SETBACK REQUIREMENT FOR THE STRUCTURES AND GARAGES. THE APPLICANT IS REQUESTING A VARIANCE FROM THE MINIMUM FRONT SETBACK REQUIREMENT OF 30 FEET TO ALLOW A STRUCTURE TO BE EIGHT FEET FROM THE FRONT PROPERTY LINE AND 12 FOOT VARIANCE FROM A MINIMUM 20 FOOT TO ALLOW A GARAGE SETBACK OF EIGHT FEET. THE STRUCTURES NOT APPEAR TO IMPOSE ON THE PUBLIC INTEREST OF THE ADJACENT NEIGHBORS AS THERE IS ENOUGH SPACING. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE SPECIAL CONDITION FOUND IS THE IRREGULAR LOT SHAPE. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP AS ABIDING BY THE FRONT AND GARAGE. SETBACK REQUIREMENTS WOULD RESULT IN LESS BUILDABLE AREA AND A SQUARE FOOTAGE REDUCTION FOR THE STRUCTURE. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE STRUCTURE WILL BE, THE STRUCTURE WILL BE OBSERVING THE SPIRIT OF THE ORDINANCE AS IT WILL BE ABIDING BY ALL OF THEIR SETBACK REQUIREMENTS. AND THE USE IS PERMITTED BY RIGHT WITHIN THE BASE ZONING. DISTRICT FOUR. THE VARIANCE WILL NOT AUTHORIZE THE, UH, 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 WITHIN THIS VARIANCE. FIVE. SUCH VARIANCES 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 GRANTING OF THIS VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED UPON SITE VISITS. STAFF OBSERVED OTHER STRUCTURES IN THE IMMEDIATE VICINITY WITHIN THE SETBACK AREA. THIS REQUEST IS NOT OUTTA CHARACTER DUE TO THIS CIRCUMSTANCE. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SALT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL, NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS. AND THE DISTRICT COURT, THE PROPERTY IS LOCATED, STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SALT, IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE IRREGULAR LOT SHAPE. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL. END OF MOTION. SECOND. SECOND BY COMMISSIONER BRAGMAN. COMMISSIONER ZUNA. RIGHT. UM, SO I AM GONNA BE SUPPORTING, UH, THE VARIANCE AND UH, AS ALSO SUPPORTED BY THE CITY WITH THE RECOMMENDATION FOR APPROVAL, UH, THE REQUEST, IT DOES NOT APPEAR TO AFFECT ANY OF THE NEIGHBORING PROPERTIES. WE SAW NO OPPOSITION AND IT PROVIDES, UH, UH, PROTECTION OF THE ASSET FOR THE COUNTY. SO I'M SUPPORTING COMMISSIONER BECKMAN. I CONCUR WITH MY COLLEAGUE. I'LL BE IN SUPPORT ALL. HAS ANY COMMISSIONERS, UH, LIKE TO ADD HEARING? NONE. HAVE ROLL CALL, VOTE PLEASE. COMMISSIONER OZUNA. I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACTS. COMMISSIONER BURTON? I CONCUR. COMMISSIONER KAPLAN? I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER ZUNIGA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER MANA? I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. 11 TO ZERO. CONGRATULATIONS. THANK YOU. ALRIGHT, NEXT IS ITEM NUMBER SEVEN. I'LL BE RECUSING AND TURNING THE GAVEL OVER TO COMMISSIONER ZUNA. IT'S UP THE ROAD. ITEM NUMBER SEVEN IS WAIT. OKAY, [02:40:05] ITEM NUMBER SEVEN IS BO OA DASH TWO THREE DASH 0 3 0 2 9 0. THE ADDRESSES ARE 9 0 9 AND 9 1 5 SOUTH PINE STREET IN CITY COUNCIL DISTRICT TWO. UM, THE APPLICANT IS ADA CONSULTING GROUP AND THE REQUEST IS FOR A VARIANCE TO ALLOW TWO SEPARATE STRUCTURES ON AN RM FOR A LOT THAT IS LESS THAN ONE 30 OF AN ACRE. AND THE CURRENT ZONING IS RMM FOUR. UH, THE SUBJECT PROPERTY IS LOCATED ALONG SOUTH PINE STREET, SOUTH OF INDIANA STREET. THE VACANT PROPERTY IS CURRENTLY PLOTTED AS TWO SEPARATE LOTS WITH THE APPLICANT REQUESTING A VARIANCE FROM THE RM FOUR STANDARDS. IF LOTS ARE PLOTTED INTO ONE LOT, THEY WOULD STILL BE SHORT OF THE, UH, ONE THIRD OF AN ACRE REQUIREMENT. MULTI-UNIT CONSTRUCTION ON LOTS, ONE THIRD OF AN ACRE IN SIZE OR SMALLER SHALL BE CONTAINED WITHIN A SINGLE STRUCTURE. EACH LOT WILL HAVE TWO SEPARATE UNITS, AND THIS IS THE SITE PLAN AND THE SUBJECT PROPERTY AND THESE FOUNDING AREAS. STAFF RECOMMENDATION FOR THE RMM FOUR UNDER ONE THREE OF AN ACRE VARIANCE STAFF RECOMMENDS A DENIAL AND BO OA DASH TWO THREE DASH 0 3 0 0 2 9 0 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, MAINTAINING THE DENSITY OF UNITS TO BE CONTAINED WITH THE DISTINGUISHED STRUCTURE CAN PREVENT OVERCROWDING ON SMART LOTS. AND TWO, THE REQUEST WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT STAFF MAILED OUT 47 NOTICES. ZERO RETURN IN FAVOR, ZERO IN OPPOSITION. AND DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION IS IN SUPPORT OF THE, AND THIS IS THE RESPONSE FROM DENVER HEIGHTS EXPRESSING THEIR SUPPORT TO THE REQUEST. AND THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. THANK YOU. LET'S SEE IF WE HAVE ANY QUESTIONS FOR STAFF CRUZ. MR. ZUNIGA THERE, MS. CRUZ. OKAY, UH, ON 9 0 9 AND NINE 15. ON 9 0 9 IS RMM FOUR CD ZONING, CORRECT? YES SIR. AND UH, WHERE'S THE COMMERCIAL ONE? UH, RM FOUR. YEAH, SO, SO BOTH R ZONE RM FOUR, BUT ONE HAS A CONDITIONAL ZONING OVERLAY FOR A NON-COMMERCIAL PARKING LOT. UM, BUT IT'S NOT GOING TO BE USED AS A NON-COMMERCIAL PARKING LOT. IT'S GONNA BE USED FOR THE TWO UNITS. OKAY. THANKY. THANK YOU MS. CRUZ. OKAY, SO IF IT'S GONNA HAVE TWO UNITS, SO THERE'S ENOUGH ROOM FOR PARKING WITHOUT ANY, UH, CONFLICT. THE, UH, APPLICANT HAS INDICATED THAT THEY'RE WORKING WITH THE TRAFFIC DEPARTMENT, UM, TO WORK WITH THE, UH, PARKING. WE DID RAISE THAT ISSUE. UM, BUT THEY TOLD US THEY'RE DOING AN ADMINISTRATIVE VARIANCE WITH THE TRAFFIC DEPARTMENT. UH, YEAH. AND, AND IT'S GOT A GARAGE ALSO, RIGHT? EACH UNIT? EACH UNIT THEY HAVE GARAGES IN INWARD FACING. SO IT WOULDN'T BE SUBJECT TO THE 20 FOOT, UH, SETBACK BECAUSE IT'S NOT FACING A PRIMARY PRI PRIMARY STREET. OKAY. AND THERE'S NO, THEY DON'T NEED A VARIANCE FOR THE REAR, IS IT? CORRECT. AM I RIGHT? THEY'RE ONLY DOING A VARIANCE FOR THE TWO SEPARATE STRUCTURES ON THE RN. FOUR LESS THAN ONE THIRD OF AN ACRE. OKAY. WELL I DO WANNA MAKE SURE EVERYTHING ELSE THEY INDICATED THAT THEY WILL BE IN COMPLIANCE WITH THE UNIFIED DEVELOPMENT CODE. OKAY, THANK YOU. ALRIGHT, ANY OTHER QUESTIONS FOR STAFF HEARING THAT I'D ASK THE APPLICANT TO PLEASE COME FORWARD. HELLO? HELLO? HI, MY NAME IS ENRIQUE USA. THIS IS GARY SANCHEZ AND WE ARE OTTUM INVESTMENTS, THE LANDOWNERS FOR THE CASE BEFORE THE BOA. UM, OUR, BEFORE WE GET STARTED, SHOOT OUT. WELL YOU CAN, UH, DO YOU HAVE THE HANDOUT OR STAFF OR THEY'LL HAND OUT THE WE HAVE A HANDOUT FOR EVERYBODY. OH, I THINK WE CAN SEE EVERYTHING CLEAR. YEAH, WE'LL DISPLAY IT ON THE OVERHEAD SO WE CAN MAKE IT FOR THE PUBLIC RECORD. WE JUST DID ONE PER YEAH, WE DID ONE FIRST. WE DID ONE FIRST. STAFF MEMBER FIRST. YEAH, WE, WE'LL KEEP ONE AT THE DESK. THERE YOU GO. HEY, AT THE DESK AS WELL. YEAH, YOU CAN HANDLE ALL 11. YEAH. YOU READY? ALRIGHT, PLEASE PROCEED. THANK YOU SIR. UM, OUR VARIANCES PROVIDE TWO DETACHED UNITS ON TWO RMM FOUR ZONE LOTS THAT ARE UNDER A THIRD OF AN ACRE. EACH UNIT WILL [02:45:01] BE LIMITED TO TWO STORIES IN HEIGHT. THAT'S IT. UH, THESE TWO LOTS WERE PLA AS LOT 10 AND 11 ON BLOCK THREE OUT OF BOOKER PLACE. SUBDIVISION RECORD ON SEPTEMBER 3RD, 1914. WHEN WE LOOKED AT OUR DIFFERENT OPTIONS TO DEVELOP THE SITE, WE FOUND THAT WE COULD PROVIDE A TRIPLEX WITH A MINIMUM REQUIRED PARKING LOT, MINIMUM PRI UH, REQUIRED PARKING LOT, OR WE COULD PROVIDE TWO DETACHED UNITS PER LOT WITH ADDITIONAL PARKING BEYOND THE MINIMUM REQUIRED TO GET THE DEVELOPMENT NUMBERS TO WORK OUT. A TWO AND A HALF STORY TRIPLEX WOULD GIVE US THE SAME RATE OF RETURN AS PROVIDING TWO UNITS DETACHED WITH ADDITIONAL PARKING. WE COULD ACHIEVE THE NEEDED SQUARE FOOTAGE FOR A NICE FAMILY ORIENTED DEVELOPMENT WITHOUT GOING TWO AND A HALF STORIES. ADDITIONALLY, TWO DETACHED UNITS WOULD PROVIDE MORE OPEN SPACE AND GREENERY, WHICH YOU GUYS CAN SEE REFLECTED IN, IN WHAT YOU GUYS HAVE IN FRONT OF YOU. UH, WE COMMUNICATED THIS ENDEAVOR WITH THE NEIGHBORHOOD ASSOCIATION AND THEY WERE IN SUPPORT. THE PROVISION OF A LESS INTENSIVE DEVELOPMENT LIMITED TO TWO STORIES WITH REALISTIC PARKING IS BETTER FOR THE NEIGHBORHOOD VIA ABUTTING NEIGHBORS AND THE NEIGHBORHOOD ASSOCIATION. TO BE CLEAR, WE'RE OFFERING, WHAT WE ARE OFFERING IS TO PROVIDE A DEVELOPMENT WITH LESS INTENSITY, MORE PARKING, A TWO STORY MAX BUILDING HEIGHT AND MORE GREEN SPACE IN EXCHANGE FOR PROVIDING DETACHED UNITS. MY DEVELOPMENT COMPANY, AUTUMN INVESTMENTS, IS PURSUING ADDITIONAL SITES IN DENVER HEIGHTS, TWO OF WHICH ARE COMING BEFORE THE BOA TENTATIVE FOR DECEMBER 4TH. AND A FEW MORE TO FOLLOW IN 2024. WE WANT A POSITIVE REPUTATION IN THE AREA WITH THE NEIGHBORHOOD ASSOCIATION WITH THIS BOARD AND WOULD APPRECIATE YOUR SUPPORT IN OUR VARIANCE REQUEST. THANK YOU, SIR. DO YOU HAVE ANYTHING, SIR? OKAY. LET'S SEE IF WE HAVE ANY QUESTIONS FOR THE APPLICANT. KAPLAN, MS. KAPLAN. SO, UM, THESE ARE RENTALS, RIGHT? YES, MA'AM. OKAY. AND WHAT IS LIKE THE RENTAL POINT AT 1,550 SQUARE FEET? I IMAGINE IT'S A THREE BEDROOM. UM, SO WHAT WILL YOU BE RENTING THESE AT? UH, THE, LIKE THE MARKET RENT? YEAH. UH, THEY GO ANYWHERE FOR ABOUT 1400 OR $1,800 IN THE, IN THE AREA IS WHAT THEY END UP GOING FOR. SO, SO YOU WOULD BE, UH, NOT, UH, I GUESS MY POINT IS IF WE GIVE YOU A VARIANCE, WHICH IS A PRIVILEGE RATHER THAN AS OF RIGHT, UM, WOULD YOU BE THERE TO CHANGE THIS NEIGHBORHOOD? WILL THIS CAUSE UM, PEOPLE TO LEAVE THE NEIGHBORHOOD BECAUSE THEY CAN'T AFFORD IT? NO, THEY'D BE COMING INTO THE NEIGHBORHOOD. WE, WE GO AT MARKET PRICE. I MEAN, IF YOU GO ABOVE, YOU'LL NEVER RENT 'EM OUT. THANK YOU, MS. CAPLET. UNDERSTOOD. MARKET FORCES WILL KIND OF DRIVE THE RANCH. YES. ANY OTHER QUESTIONS FOR THE APPLICANT? MANNA MR. MANNA QUESTIONS FOR CITY STAFF? AND SO, UM, YOU KNOW, I THINK WE HAVE RUN ACROSS A FEW OF THESE, YOU KNOW, RECENTLY IN THE PAST WHERE WE'RE TALKING ABOUT THE DIVIDING AND I THINK IF I RECALL CORRECTLY, THERE WERE MANDATORY WAS SIX LOTS, UH, SIX PARKING SPACES THAT NEEDED TO BE PROVIDED. AND IT LOOKS IN THIS DIALOGUE THEY'RE ADDING EIGHT. SO IS MY MEMORY CORRECT WITH REGARDS TO MINIMUM SIX WOULD BE REQUIRED FOR THIS TYPE OF CONFIGURATION? UH, BECAUSE IT'S TWO SEPARATE LOTS WITH TWO UNITS EACH, EACH LOT WOULD HAVE TO PROVIDE, UH, TWO PARKING SPACES. SO THEN, OKAY, SO THEY'RE MEETING THAT REQUIREMENT THEN MINIMALLY. UH, OKAY. AND YEAH, THEY INDICATED THAT THEY'RE WORKING WITH TRAFFIC TO NOW IF THEY PLAN IT ALL TOGETHER AND HAVE FOUR TOTAL LOTS, THEN THEY WOULD HAVE TO HAVE SIX PARKING SPACES. OKAY. THANK YOU MR. MATTA. ANY OTHER QUESTIONS FOR THE APPLICANT? OKAY, HOLD ON. LET'S SEE IF WE HAVE ANY, ANY PUBLIC, UH, INPUT TO BE READ, TO BE READ FOR THE PUBLIC RECORD. NO PUBLIC COMMENT. ALL RIGHTY. UM, LET'S LOOK FOR A REBUTTAL. DO ANY, WOULD YOU LIKE TO ADD ANY FINAL COMMENT BEFORE WE CLOSE THE PUBLIC PORTION? LEMME JUST HAVE, UM, LEMME JUST WALK YOU THROUGH, UH, THE PACKET WE HANDED YOU. UH, THE FIRST PAGE IS REALLY JUST TO GIVE YOU AN IDEA OF WHERE WE'RE AT WITH PINE STREET AND UH, COONEY WAY. UM, WE HIGHLIGHTED THE TWO LOTS THAT ARE THERE. UH, IF YOU GO TO THE PAGE TWO, THIS IS OUR DEVELOPMENT, WHICH YOU SAW EARLIER IN THE PRESENTATION, AND I REALLY WANTED TO HAVE YOU LOOK AT PAGE THREE. SO PAGE THREE IS WHAT WE'RE ALLOWED TO DO BASED ON, UH, THE ARM FOUR. AND YOU CAN SEE, YES, WE CAN GET A TRIPLEX IN THERE. WE CAN GET SIX PARKING SPACES, BUT WE'RE, WE'RE HOPING TO GET SOMETHING LESS INTENSE. AND I THINK THIS DIAGRAM KIND OF SHOWS THAT, UH, IN THE BEST WAY. AND THEN LAST IS THE LETTER THAT YOU ALREADY WROTE. SO I JUST WANTED TO MAKE SURE YOU GUYS UNDERSTOOD WHAT WAS IN THE PACKAGE. SO REDUCTION IN DENSITY FOR THE PARKING SPACES IS MM-HMM , WHICH GETS THE SUPPORT OF THE NEIGHBORHOOD INVESTIGATION LOGICALLY. PERFECT. OKAY, MS. BRAGMAN, WOULD YOU LIKE TO MAKE A MOTION? I WOULD THANK YOU. UM, REGARDING CASE NUMBER BOA DASH TWO THREE DASH 0 3 0 2 90, I MOVE TO THE BOARD OF ADJUSTMENT GRANTOR REQUEST FOR A VARIANCE TO ALLOW TWO SEPARATE STRUCTURES ON RM FOUR LOT THAT IS LESS THAN ONE THIRD OF AN ACRE IS SITUATED AT 9 0 9 AND 9 1 5 SOUTH PINE STREET. APPLICANT BEING ADA CONSULTING GROUP INC. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOWED THE PHYSICAL CHARACTER, THIS PROPERTY IS SUCH A LITTLE [02:50:01] ENFORCEMENT OF THE, OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS ADMITTED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY EFFICIENT LAND USE BY CONCENTRATING UNITS WITHIN A SINGLE STRUCTURE. IF GRANTED, THE REQUEST WILL NOT BE CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE SPECIAL CONDITION FOUND ON THE SUBJECT IS THE SIZE. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AND LOSS IN LIVABLE AREA MAY BE REDUCED. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. STAFF FINDS OF THE NEED TO ALLOW FOR TWO STRUCTURES TO NOT BE CONTAINED WITHIN A SINGLE STRUCTURE WILL OBSERVE THE SPIRIT OF THE ORDINANCE. DEVIATING FROM THIS REQUIREMENT WILL NOT CAUSE THE LOT FROM BECOMING OVERCROWDED, FOR 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 VARIANCES 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 RM FOUR ZONED LOT THAT IS LESS THAN ONE THIRD OF AN ACRE WILL BE ALLOWED TO HAVE TWO SEPARATE STRUCTURES. THIS WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES. SIX. THE PLIGHT TO THE OWNER OF THE PROPERTY, WHICH THE VARIANCE IS SOUGHT, ITS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT NEAR, NOT MERELY FINANCIAL AND ARE NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY WHICH VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS THE SIZE OF THE PROPERTY. THIS CIRCUMSTANCE. DO THESE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION. SECOND. SECOND. SECOND. MS. CRUZ? MS. BREGMAN? YES, I'LL BE IN SUPPORT OF THE MOTION. I LIKE THE IDEA THAT EVEN THOUGH THEY HAVE THE RIGHT TO PUT A TRIPLEX ON THERE, WHICH IS HIGHER DENSITY THAT THEY'VE CHOSEN TO SCALE BACK, UM, AND STILL GIVE ENOUGH PARKING, UH, AS WE KNOW, WE ARE FACING A HOUSING SHORTAGE ALL OVER THE COUNTRY. UH, AND SO IS SAN ANTONIO. SO THE FACT THAT WE CAN MAKE THIS MINOR ADJUSTMENT AND ALLOW, UM, FOUR FAMILIES, UH, TO LIVE ON THIS PARCEL, UM, I'LL BE IN SUPPORT. THANK YOU. MS. CRUZ? YES, I CONCUR WITH MY COLLEAGUE. I DON'T SEE ANY PROBLEMS WITH IT, ESPECIALLY SINCE, UH, IT, UH, SEEMS LIKE IT'S GONNA BE A REALLY GOOD PROJECT IN THAT AREA. THANK YOU. THANK YOU. ANY OTHER COMMENTS? MANNA MR. MANNA? SO I WILL ALSO BE SUPPORTING THIS, BUT UM, I THINK A NICE THING TO POINT OUT IS THAT LOOKING ACROSS THE STREET, THOSE ARE MORE LIKELY THREE STORY OFFICE OR THREE STORY IN HEIGHT, ELEVATION. AND THIS ONE'S ONLY BE TWO. SO, SO I THINK IT IS CONSISTENT WITH THE COMMUNITY. UM, AND SO I I I WILL BE GOING IN FAVOR. THANK YOU MR. MADAM. ALRIGHTY. STAFF, LET'S TAKE A ROLL CALL. VOTE PLEASE. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF ACT. COMMISSIONER CRUZ CONCUR. COMMISSIONER BURTON. I CONCUR. COMMISSIONER KAPLAN? I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER ZUNIGA? I CONCUR. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BEEZ I CONCUR. AND CHAIR ZUNA? YES, I CONCUR WITH TENANT FAVORS YOUR OPPOSITION. THE VARIANCE PASSES UNANIMOUSLY. GOOD LUCK WITH THE PROJECT. THANK YOU SIR. THANK YOU SIR. THANK YOU. ALRIGHT, THANK YOU GUYS. THE TIME IS, UH, HAVE A GREAT DAY. THANK YOU. SEVEN. CAN WE GET MR. UH, ORIAN, PLEASE? PLEASE. . GOOD JOB. A LITTLE HEADS UP NEXT TIME, . THANK YOU. ALL RIGHT. ITEM NUMBER EIGHT, AGENDA ITEM ITEM EIGHT. BO O 8 23 1 0 3 0 0 2 9 1. ADDRESS IS 6 3 1 5 MALAYA COUNCIL, DISTRICT TWO APPLICANT IS ANDREA FASES. A REQUEST FOR ONE A ONE FOOT SIX INCH VARIANCE FROM THE FIVE FOOT MINIMUM SITE SETBACK REQUIREMENT TO ALLOW AN ACCESSORY STRUCTURE TO BE THREE FEET, SIX INCHES FROM THE SIDE PROPERTY LINE. AND TWO, A REQUEST TO ALLOW AN ACCESSORY STRUCTURE IN THE FRONT YARD. ZONING IS R FIVE CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED IN A SINGLE FAMILY COMMUNITY OFF REDMAN ROAD JUST WEST OF THE INTERSECTION. WEST LOOP FOUR 10. THE PROPERTY HAS A CARPORT BUILT AFTER 2019, BEFORE FEBRUARY, 2022. ACCORDING TO DATE OF PHOTO PHOTOGRAPHY, NO PERMITS WERE FOUND FOR THE CARPORT. HOWEVER, THE CURRENT PERMIT IS FOR THE CARPORT AND THE ADDITIONAL OF THE BALCONY. [02:55:01] THE ORIGINAL CARPORT ABIDES BY THE STANDARDS OF THE UDC SETBACKS. HOWEVER, THE ADDITION OF THE STAIRS AND THE BALCONY WENT INTO THE SIDE, SETBACK INTO THE SETBACKS AND CHANGED THE CHARACTERISTIC FROM A CARPORT INTO AN ACCESSORY STRUCTURE DECK. SECTION 35 3 70 B SIX STATES ACCESSORY STRUCTURE SHALL ONLY BE PERMITTED WITHIN A SIDE, A REAR YARD AREA WITHIN ALL SINGLE FAMILY AND MIXED RESIDENTIAL DISTRICTS WITH THE EXCEPTION OF CARPORTS AND GARAGES. WHILE THE CARPORT IS PERMITTED IN THE FRONT YARD, A BALCONY ON THE ROOF OF THE CARPORT IS NOT WITHOUT A VARIANCE. THIS IS YOUR SITE PLAN AND THE SUBJECT PROPERTY. THE SIDE SETBACK THE ACCESSORY STRUCTURE IN THE FRONT YARD AND THE SURROUNDING AREA. STAFF RECOMMENDATION, SIDE SETBACK AND ALLOWANCE OF OUR FRONT YARD ACCESSORY STRUCTURE. VARIANCE STAFF RECOMMENDS DENIAL AND BO O 8 2 3 1 0 3 0 0 2 9 1 BASED ON THE FOLLOWING FINDINGS, THE REQUEST IS NOT OBSERVED. THE SPIRIT OF THE ORDINANCE AS ACCESSORY STRUCTURES ARE DESIGNED TO BE LOCATED BEHIND THE FRONT FACADE OF THE PRINCIPAL STRUCTURE. AND TWO, THE PROPOSED VARIANCE WILL ALLOW AN ACCESSORY USE FORWARD OF THE PRINCIPAL DWELLING USE, WHICH WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT NOTIFICATION PLAN. STAFF MAILED OUT 30 NOTICES. ONE IN FAVOR, ZERO RETURN IN OPPOSITION. AND EAST TER NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. ALL RIGHT, ANY QUESTIONS FOR STAFF BEFORE WE HAVE THE APPLICANT COME UP? UH, HERE HE KNOWS. HAVE THE APPLICANT COME FORWARD. GOOD AFTERNOON, A HI. GOOD AFTERNOON. PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. OKAY, ANDREA FAS PEREZ. UM, WE JUST WANTED TO STATE THAT ORIGINALLY WHEN THIS STARTED, WE DIDN'T KNOW WE NEEDED A PERMIT. WE'RE NOT VERY, UM, UM, FAMILIAR WITH THE CODES AND THE PERMITS NEEDED TO BUILD, UM, AN ACCESSORY STRUCTURE. UM, AFTER WE WERE, UM, NOTIFIED BY CONE COMPLIANCE, HE STATED TO US THAT I WOULD HAVE TO TEAR IT DOWN BECAUSE I WASN'T IN COMPLIANCE. SO I TRIED TO DO EVERYTHING IN OUR POWER TO TRY AND RESOLVE THE ISSUE WITH THE CITY. UM, ALL OF OUR NEIGHBORS HAVE BEEN IN, UM, APPROVAL OF THIS WHOLE, UM, ORDEAL BECAUSE IT BECAME AN ISSUE WITHIN THE NEIGHBORHOOD ABOUT THE CODE COMPLIANCE. UM, CONFRONTING US SPECIFICALLY ABOUT THIS, WE USUALLY HOST NATIONAL NIGHT OUTS, HOLIDAYS, WHAT HAVE YOU. UM, THE NEIGHBOR DIRECTLY NEXT TO US ON THE LEFT HAND SIDE IS IN FAVOR OF THE BALCONY FOR, UM, IT TO REMAIN THERE. UM, THE ONLY REASON THAT IT BECAME AN ISSUE, UM, WE THINK IS BECAUSE OF, UM, A FENCE THAT HAS BEEN THERE SINCE WE BOUGHT THE HOUSE. AND WE JUST LEFT THE FENCE THERE, UM, SINCE WE BOUGHT THE HOUSE. UM, AND THE ONLY REASON WE COULDN'T BUILD ANYTHING IN THE BACKYARD WAS BECAUSE WE HAVE APARTMENTS DIRECTLY BEHIND US. WE ARE BALCONIES A BUTT, LIKE LITERALLY BUTT TO BUTT WITH THE APARTMENT COMPLEX AND THEY HAVE MANY BALCONIES. SO WE DIDN'T KNOW THAT IT WOULD BE AN ISSUE FOR US TO CONTINUE BUILDING ON OUR ADDIT ON OUR CARPORT ENGINEER. UM, WHEN IT DID BECOME AN ISSUE, WE, UM, GOT THE, AN ENGINEER TO CERTIFY IT THAT THE BEAMS WERE CAPABLE OF HOLDING A WEIGHT LIMIT, UM, OF 500 POUNDS TO 700 POUNDS. WE, IT'S USUALLY JUST ME AND MY HUSBAND UP THERE. UM, OUR KIDS ARE ALL GONE EMPTY NESTERS. UM, SO WE JUST WANTED TO COME AND STATE OUR, UM, UM, NEED FOR AN APPROVAL REGARDING THIS. UM, DO YOU HAVE ANY WE'RE WE'RE TRYING TO, UM, UPGRADE THE NEIGHBORHOOD AND MAKE IT LOOK BETTER. LIKE I DIDN'T KNOW WE HAD TO DO ALL THIS. WE DO A LOT OF FELLOWSHIP WITH THE CHURCH UP THERE AND THE ENGINEERS STAMPED AND APPROVED IT. WE DID ALL THE STEPS WE HAD TO DO AFTER WE FOUND OUT THAT WE NEEDED A PERMIT. OKAY. AND IT'S BEEN BUILT SINCE 2019 AND WE'VE HAD DECORATIONS FROM CHRISTMAS, NEW YEAR'S, ALL THE NEIGHBORS. SO A QUICK QUESTION ON THE, ON THE LEFT SIDE OF YOU. UH, IS THAT A DRAINAGE DITCH? IT IS. YOU [03:00:01] KNOW HOW WIDE IT IS? I'M SORRY? HOW WIDE IS IT? OH, I DON'T KNOW, LIKE 10 FEET, 15 FEET. I'M NOT TOO SURE. I'M NOT TOO SURE. WIDTH. UM, IT IS PRETTY WIDE THOUGH. OKAY. AND STEPH, IF THIS WAS, IS THIS CONSIDERED AN ACCESSORY STRUCTURE BECAUSE IT'S DETACHED FROM THE HOME OR DOES THAT CHANGE ANYTHING? IT'S BECAUSE IT'S IN, IN FRONT OF THE FRONT FACADE OF THE HOME. WHETHER IT'S DETACHED OR ATTACHED, THAT WOULD NOT MATTER. OKAY. ALL RIGHT. ANY QUESTIONS FROM THE COMMISSION? COMMISSIONER KAPLAN? OF COURSE. UM, I HAVE A QUESTION. WHAT IS THAT? SERIOUSLY, WHY DID YOU PUT A, LIKE A PATIO, UH, UP THERE? WELL, IT ORIGINALLY, UM, I, UM, HAD CANCER. I COULDN'T LEAVE THE HOUSE. IT WAS DURING COVID AND, AND IT WAS ALSO DURING COD. SO WE WERE STUCK AT HOME AND WE JUST DECIDED TO GO AHEAD AND BUILD IT. AND ALL OF OUR NEIGHBORS, BEFORE WE BUILT IT, BEFORE WE THOUGHT OF ANY PROBLEMS, WE ASKED OUR NEIGHBORS, HEY, WE'RE THINKING OF THIS AND THIS AND THIS, AND WOULD VILLE HAVE A PROBLEM WITH IT BECAUSE WE ONLY HAVE ONE NEIGHBOR ON THIS SIDE AND THERE'S NO NEIGHBOR HERE, AND THE NEIGHBOR DIRECTLY IN FRONT OF OUR HOUSE, SHE'S THE ONE THAT, UM, SENT I THINK IN A LETTER, A LETTER OF SHE'S SUPPORTS IT BECAUSE IT'S NOT AN ISSUE. WHAT IS IT USED FOR? MY PLANTS. AND I GO UP THERE AND SIT, WE, UM, SIT IN THE NIGHTTIME, LOOK AT THE STARS AND SCIENCE. EVEN DURING COVID WE GOT CREATIVE AND, UM, PUT THE CANDY DOWN TO THE KIDS ON THE BOTTOM. MM-HMM. AND BROUGHT IT BACK UP TO THEM. THIS IS LIKE, UH, FUN FOR THE COMMUNITY. IT IS NOT LIKE WE'RE TRYING TO DO ANYTHING WRONG OR, AND WE DIDN'T THINK IT WAS GONNA BE AN ATROCIOUS, UM, SITE FOR ANYBODY. WE, I MEAN, WE ASKED OUR NEIGHBOR DIRECTLY NEXT TO US, WHICH IS POSTED ON HERE TO BE POSITIVE ON THE, ON THIS SIDE THAT THERE WOULDN'T BE AN ISSUE BECAUSE IF ANYBODY WOULD BE BOTHERED HIT UM, BOBBY, IT WOULD BE HIM. AND HE SAID NO, HE WAS TOTALLY, YOU KNOW, FOR IT. OKAY. UM, COMMISSIONER ZUNA, UH, TWO QUESTIONS HERE. FIRST, KIND OF THE WATER RUNOFF, WHERE DOES THE, WHERE ARE THE GUTTERS AND WHERE DOES THAT THE GUTTERS ARE RIGHT ABOVE THE GARAGE, SIR. OKAY. SO IT DIRECTS THE WATER WHICH WAY TOWARDS THE, TO THE FRONT OF THE STAIRCASE WHERE YOU SEE THE, AND IT FLOWS TO THE STREET WITHOUT IT FLOWS DOWN. RIGHT. IMPOSING ON THE, THE SECOND IS JUST, IS, IS ARE THERE ANY LIKE, UM, COVENANTS, RESTRICTED COVENANTS WITHIN YOUR NEIGHBORHOOD ASSOCIATION OR NO, THERE'S NONE. OUR, OUR EAST HAR HILLS, UH, ASSOCIATION WAS DISBANDED, BUT THE PEOPLE THAT STILL, UM, KIND OF KEEP AN EYE ON THE NEIGHBORHOOD AND THEY ALSO WERE IN SUPPORT OF IT BECAUSE THEY'RE MEMBERS OF OUR CHURCH ALSO. AND THEY WERE, I'M JUST CURIOUS 'CAUSE UH, YEAH. OKAY. YEAH, COMMISSIONER MAN. SO THIS QUESTION'S FOR CITY STAFF. SO THIS IS THE FIRST TIME I'VE EVER SEEN, YOU KNOW, THIS TYPE OF STRUCTURE IN A FRONT YARD IN CITY OF SAN ANTONIO. UM, AND SO A QUESTION WOULD BE, UM, YOU KNOW, I'VE SEEN PORCHES ON THE FRONT OF HOUSES, UM, YOU KNOW, WHERE IT IS PART OF THE STRUCTURE OF THE HOUSE ITSELF. AND WE'LL SAY THE SECOND STORY, YOU KNOW, AT A SECOND STORY, IT HAVING THE, THE COUPLE OF COME OUT AND WITH A PORCH IN THE FRONT THERE. SO, SO COULD ANY ADJUSTMENTS BE DONE TO THIS STRUCTURE SUCH THAT IT WOULD BE, UH, QUALIFIED AS A CUPULA OR THAT KIND OF THING VERSUS THE WAY IT IS RIGHT NOW? SO, SO IS THERE ANY STRUCTURAL CHANGES THAT COULD OCCUR THAT WOULD KEEP THIS OR MAKE THIS MORE ALONG THE LINES OF SOMETHING I HAVE SEEN BEFORE? YEAH, NO, I SEE WHAT YOU'RE SAYING. I MEAN, IT WOULD, IT WOULD HAVE TO BE A PRETTY SIGNIFICANT, UM, ATTACHMENT TO THE HOUSE FOR US TO CONSIDER THAT A PART OF THE HOUSE. UM, JUST ATTACHING IT, LIKE HOW IT IS TOUCHING THE HOUSE RIGHT NOW, IT WOULD NOT BE CONSIDERED, UM, PART OF THE STRUCTURE, PART OF THE HOUSE BECAUSE OF PRETTY MUCH THE WAY IT'S BUILT. UM, WE'RE CONSIDERING THAT AN ACCESSORY STRUCTURE THANK YOU. IF THE STAIRS WAS TAKEN AWAY, IT WOULD JUST BE A CARPORT. MM-HMM. , YES. UM, IT WAS, WELL, THE STAIRS AND THE RAILINGS. I MEAN, I GUESS I CAN ALSO PUT A LADDER UP THERE AND CLIMB UP THERE IF THEY WANT, BUT, RIGHT. UM, AND IT'S ALL STEEL. THE STAIRS, THE STAIRS ITSELF IS, IS, IS NOW KIND OF LIKE WHAT WE LOOKED AT TO MAKE IT A, UH, BALCONY. BUT, UM, YEAH, ONCE THEY HAVE A SITTING AREA, THAT'S WHAT WE'RE CONSIDERING, THAT BALCONY. OKAY. ANY OTHER QUESTIONS? I GUESS ONE LAST QUESTION. YES. COMMISSIONER ZUNA. SO THE CONTRACTOR THAT, DID YOU DO THIS YOURSELF? DID YOU HIRE A CONTRACTOR? I WHAT, A FRIEND. A FRIEND. BUT, BUT AFTER THE FACT, UM, WE MADE SURE HE FOLLOWED OR HE MADE SURE TO FOLLOW ALL THE GUIDELINES AND WE HAD AN ENGINEER, CERTIFI HOLD, UH, THEY SHOULD HAVE IT, UM, COME OUT AND CERTIFY IT. THAT WAS SAFE, THAT IT WAS ABLE TO HOLD THE STAIRS [03:05:01] WELDED TO APPROPRIATION TO MAKE SURE IT WAS STABLE, TO SUSTAIN WINDS OR TO WHATEVER WHAT HAPPENED. SO, SO THIS HAS BEEN THROUGH PERMITTING. IT'S JUST LACKING, UH, APPROVAL FROM THIS BOARD? IS THAT, IS THAT WHERE THE STANCE, SO THEY APPLIED FOR A PERMIT. THE PERMIT IS NOT APPROVED YET. OKAY. ALRIGHT. AND IF THERE'S NO MORE QUESTIONS, IS THERE ANYONE SIGNED TO SPEAK ANY PUBLIC COMMENTARY? NO PUBLIC COMMENT. ALL RIGHT. UM, WHAT WE'RE GONNA DO IS WE'RE GONNA ASK FOR A MOTION AND WE'LL SEE HOW THIS, UH, PANS OUT. UH, WHO'D LIKE TO MAKE A MOTION? I'LL DO IT. I'LL DO IT. COMMISSIONER ZUNA. RIGHT. REGARDING CASE NUMBER BOA DASH 23 DASH 0 3 0 0 2 9 1. I MOVE THAT THE BOARD OF ADJUSTMENT GRANTS TO REQUEST FOR ONE, A ONE FOOT SIX INCH VARIANCE FROM THE FIVE FOOT MINIMUM SIDE SETBACK REQUIREMENT TO ALLOW AN ACCESSORY STRUCTURE TO BE THREE FEET, SIX INCHES FROM THE SIDE PROPERTY LINE. AND TWO, A REQUEST TO ALLOW AN ACCESSORY STRUCTURE IN THE FRONT YARD, SITUATED AT 9 6 3 1 5 MALAYA, APPLICANT BEING ANDREA AFA PEREZ, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SO THAT THE PHYSICAL CHARACTER OF THE PROPERTY, SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC HAS AMENDED, WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY AND WELFARE TO THE PUBLIC. THE PUBLIC INTEREST IS REPRESENTED BY MINIMUM SIZE SETBACK REQUIREMENT, LOCATION OF AN ACCESSORY STRUCTURE BEHIND THE FRONT FAC SIDE OF THE HOUSE. THE HOME STAFF FINDS THE REDUCED SETBACK AND LOCATION OF AN ACCESSORY STRUCTURE IN THE FRONT YARD IS NOT CONTRARY TO PUBLIC INTEREST DUE DUE TO SPECIAL CONDITIONS. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT ALTERING THE ACCESSORY STRUCTURE TO MEET THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT IN LOCATING THE ACCESSORY STRUCTURE BEHIND THE FRONT OF THE HOUSE. AS THIS WOULD CREATE AN UNNECESSARY HARDSHIP BY GRANTED THE VARIANCE, THE SPIRIT OF THE ORDINANCE WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. STAFF FINDS THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE WITH THE REQUESTED VARIANCE. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIS ARE NOT SUBSTANTIALLY INJURED, THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE ADDITION WILL MAINTAIN A THREE FOOT, SIX INCH SITE SETBACK AND ALLOW AN ACCESSORY STRUCTURE IN THE FRONT YARD. SIX, APPLY. THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SAW IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL, NOT DUE TO THE RESULT OF GENERAL CONDITIONS. SO THE SEQUENCE OF PROPERTY IS LOCATED, STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SAW, DOES NOT APPEAR TO BE MERELY FINANCIAL AND A MOTION. SECOND BACK. COMMISSIONER KAPLAN. COMMISSIONER ZUNA. YEAH. SO I'M SUPPORTING THE MOTION. I MEAN THE, THE, UH, THE NEIGHBORS THAT WERE MOST AFFECTED BY IT HAD OPPORTUNITY TO COMMENT ON IT. I SAW NO NEGATIVE COMMENT. I MEAN, IT PROVIDES A RELIEF, UH, FOR THE APPLICANT. THEY CAN'T BUILD IT IN THE BACKYARD BECAUSE OF THE APARTMENT. THAT WOULD BE, UM, UH, OBT TRUSSING IN THEIR BACKYARD, ENJOYMENT OF THEIR PROPERTY, GIVES 'EM THE ABILITY TO ENJOY THEIR PROPERTY. AND, YOU KNOW, UH, NEIGHBORS DON'T SEEM TO OPPOSE IT. AND THE FLOOD OR THE WATER, UH, IS DIRECTED TO THE FRONT OF THE PROPERTY, DOESN'T OPPOSED ON THE NEIGHBORS. AND THEY HAVE A SIDE SETBACK WITH THE EASEMENT ON THE OTHER SIDE THAT PROVIDES A BUFFER. SO I SUPPORT IT. COMMISSIONER KAPLAN? YEAH, I, I DON'T AGREE. I DO NOT SUPPORT IT BECAUSE IT IS KIND OF A, JUST A ODD THING TO HAVE IN YOUR FRONT YARD. THERE IS, YOU HAVE A VERY LARGE BACKYARD, EVEN THOUGH IT LOOKS OUT ON THOSE FAIRLY LARGE ENOUGH TO PUT A CAR, A UH, PATIO BACK THERE, UH, EVEN THOUGH IT LOOKS OUT ON THE, UM, APARTMENTS. SO I JUST THINK THAT, UH, YOUR WHOLE NEIGHBORHOOD COULD END UP, IF WE GIVE YOU THIS VARIANCE, IT ALLOWS EVERYTHING ELSE THAT SETS THE STANDARD. UM, I, I DON'T APPROVE MS. SCOTT. MAY I OFFER ONE THING? UM, THE VARIANCE IS ALSO FOR THE, THE CARPORT, RIGHT? AND SO, WELL, THE SIDE SETBACK, IT'S FOR, IT'S FOR SIDE SETBACK. FOR THE SIDE SETBACK. RIGHT. WOULD YOU BE OPPOSED TO THE SIDE SETBACK OR WOULD YOU BE OPPOSED TO NOT THE ACCESSORY? I'M NOT, I'M NOT OPPOSED TO THE SIDE. I'M NOT OPPOSED TO THE SIDE SETBACK. I'M OPPOSED TO THE ACCESSORY STRUCTURE. OKAY. LET'S LISTEN TO THE REST OF THE DIALOGUE FROM THE BOARD AND THEN WE'LL MANANA MAKE THE DECISION ACCORDINGLY. COMMISSIONER MANNA? UM, I'M GOING, UH, SEE, I, I, I AM OKAY WITH THE SIDE SETBACK, BUT I CONCUR WITH MY COLLEAGUE, UH, MS. KAPLAN, UH, WITH REGARDS TO, UH, THE STRUCTURE ITSELF, UH, AS I LOOK OVERHEAD AT THIS PROPERTY, I DO SEE, UM, THE SPACE, UM, ALONG THE BACKSIDE. AND, YOU KNOW, I, I, I DO CONCUR THAT I HAVE SEEN THESE TYPES OF STRUCTURES IN BACKYARDS, BUT I'VE NEVER SEEN ONE IN THE CITY OF SAN ANTONIO IN THE FRONT YARD LIKE THIS. SO, SO I, I'M JUST STRUGGLING WITH THAT PERSPECTIVE AND, AND I DON'T NECESSARILY KNOW ARCHITECTURALLY IS WHERE I WANT TO GO. ARE THERE ANY COMMISSIONERS WHO ARE OKAY WITH THE SITE SETBACK BUT NOT WITH THE ACCESSORY USE THEY'D LIKE TO ADD TO THE CONVERSATION? OKAY. SO, VASQUEZ, COMMISSIONER VASQUEZ, I, I, UH, UH, I'M IN AGREEMENT, UH, WITH THE TWO PREVIOUS, UH, UH, OKAY. MEMBERS, UH, I, I DON'T THINK SOMETHING LIKE THIS BELONGS [03:10:01] IN THE FRONT, UH, OF A HOUSE OFFER. I'M GONNA OFFER A FRIENDLY AMENDMENT TO STRIKE, UH, THE, UH, ACCESSORY ITEM TWO. THE MOTION REGARDING THE ACCESSORY STRUCTURE. WELL, GIVEN THAT I DON'T THINK WE HAVE SUPPORT FOR THE BOARD, WE WOULD NEED NINE CONCURRING MEMBERS TO APPROVE THE ACCESSORY STRUCTURE. MM-HMM. , I DON'T WANT TO TORPEDO YOUR ENTIRE GARAGE AND HAVE THE ABILITY FOR YOU TO HAVE AT LEAST THAT CARPORT. MM-HMM. BECAUSE IT DOES, UH, IT DOES, UM, UH, FALL OVER THE FIVE FOOT SITE SETBACK. SO THE, IT'S EITHER WE GET, KEEP THE CARPORT AND LOSE THE ACCESSORY DWELLING UNIT ON THE ACCESSORY STRUCTURE ON THE TOP, OR KEEP THE GAR GARAGE, KEEP THE CARPORT. EXCUSE ME. IF IF WE, IF THEY TOOK, IF WE SAID NO TO THE ACCESSORY STRUCTURE, UH, YOU AND YOU TOOK OUT THAT STAIRCASE, IT LOOKS LIKE THERE WOULD BE NO NEED FOR A VARIANCE. YOU'RE CORRECT. THE CARPORT ITSELF MEETS THE SIDE SETBACK. YEAH. IT'S THE STAIRS THAT PUT 'EM OVER THE ONLY, SEE, THERE'S NO PRO THEY WOULD, WHAT WE'RE SAYING THEN IS THEY WOULD JUST HAVE TO TAKE OUT THE WHOLE USE FOR THE UPS, THE TOP. AND, UM, I DON'T KNOW IF THAT MAKES ANY SENSE, BECAUSE THEN YOU WOULDN'T BE ABLE TO USE THE, IF YOU, IF YOU TOOK OUT THE STAIRCASE, IF YOU, IF YOU KEPT THE STAIRCASE, BUT YOU WEREN'T ABLE TO USE THE TOP OF THE THING, WOULD YOU WANT THAT STAIRCASE THERE AND KEEP THE STAIRCASE THERE? WELL, OKAY, SO WE HAVE A, SO I OFFERED A FRIENDLY AMENDMENT. IT DOESN'T SOUND LIKE IT WAS ACCEPTED BY THE SECOND. UH, WOULD YOU LIKE TO OFFER ANYTHING ELSE? UH, I, I HAVE NO PROBLEM WITH KEEPING THE STAIRCASE AND, AND THE ACCESSORY THING, BUT I DON'T KNOW WHY YOU WOULD, WHAT YOU DO WITH IT, IF IT WOULD MAKE ANY SENSE FOR YOU TO HAVE THAT. I MEAN, DOES IT MAKE ANY SENSE FOR YOU TO KEEP THE STAIRCASE BUT NOT BE ABLE TO USE THE UPSTAIRS? USE IT AS A PATIO, WHATEVER YOU'RE USING IT FOR. SAVE MONEY. THAT'D BE ABOUT IT. SAVE MONEY. I HAVE, I HAVE NO PROBLEM WITH KEEPING THE SIDE STAIRCASE. OKAY. SO THE MOTION IS NOW TO ONLY CONSIDER THE SIDE SETBACK AND NOT TO CONSIDER ITS USE AS AN ACCESSORY STRUCTURE IN THE FRONT YARD. UM, LET'S HAVE A ROLL CALL VOTE. WHAT'S COMMISSIONER ZONA? I CONCUR. COMMISSIONER KAPLAN? I CONCUR. COMMISSIONER TON. I DO NOT CONCUR. COMMISSIONER VASQUEZ? I DO NOT CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER CRUZ. I DO NOT CONCUR. COMMISSIONER ZUNIGA? I DO NOT CONCUR. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER MANEZ. I CONCUR. COMMISSIONER BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN. I CONCUR WITH THE FINDINGS OF FACT. UH, MOTION FAILS SEVEN TO FOUR. SO WHAT THAT MEANS IS, UH, YOU'D HAVE TO TAKE THE STAIRS OUT AND JUST USE IT AS A CARPORT. MM-HMM. . AND IF YOU HAVE ANY QUESTIONS, UH, YOU CAN PLEASE GET WITH STAFF AS FAR AS THAT'S EVEN WITH THE ENGINEER STAMP. BUT EVERYTHING WAS GOOD. LIKE, YEAH, THIS IS EVERYTHING, RIGHT? THIS, THIS IS SIMPLY WHETHER YOU CAN EXIST ON THE SIDE AND WHETHER OR NOT YOU CAN HAVE AN ACCESSORY USE, IE THE, THE PORCH COMPONENT OF IT. IT CAN BE A CARPORT. YOU ARE ALLOWED TO HAVE A CARPORT THERE. MM-HMM. . UH, AND BECAUSE THE MOTION COMPLETELY FAILED, IF YOU REMOVE THE STAIRS, YOU WOULDN'T HAVE A SIDE SETBACK ISSUE. AND THEN YOU CAN KEEP THE REST OF IT THERE. BUT GO AHEAD. SO IF WE DO THIS SIDE SETBACK, THAT MEANS I CAN ANSWER YEAH. HE, OKAY. MIRKO CAN, CAN EX EXPLAIN WHAT WE JUST, WHAT JUST HAPPENED. OKAY. OKAY. AWESOME. UH, ITEM NUMBER NINE. UH, WE HAVE, UH, FOOD BACK THERE IF Y'ALL WANT TO GRAB A SANDWICH AND EAT AT YOUR DESK OR SOMETHING. READY? GO AHEAD. ITEM NUMBER NINE IS BO OA DASH 23 DASH 1 0 3 0 0 2 9 2. ADDRESS IS 8 0 6 WEST THEO AVENUE IN CITY COUNCIL DISTRICT NUMBER FIVE. THE APPLICANT IS PAUL PALACIO, AND THE REQUEST IS FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT TO BE ONE INCH FROM THE SIDE PROPERTY LINE. AND TWO, A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT REAR SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE ONE INCH FROM THE REAR PROPERTY LINE. AND THE CURRENT ZONING IS R FIVE. THE SUBJECT PROPERTY IS LOCATED AT, LOCATED AT 8 0 6 WEST THEO AVENUE, WEST OF CARNA STREET, AND ABUTS WEST MALONE STREET TO THE REAR, UH, CITED BY CODE ENFORCEMENT FOR A PERMIT INVESTIGATION. THE APPLICANT IS REQUESTING A VARIANCE TO THE SIDE AND REAR SETBACKS TO ALLOW [03:15:01] A PARTIALLY BUILT CARPORT TO BE ONE INCH FROM BOTH PROPERTY LINES. THE BOARD OF ADJUSTMENT APPROVED THE VARIANCE ON APRIL 2ND, 2018 FOR A REDUCED REAR SETBACK TO ALLOW AN ADDITION SLASH ATTACHED GARAGE WITH A SEVEN FOOT REAR SETBACK. AND THIS IS THE SITE PLAN AND THE SUBJECT PROPERTY. AND THIS IS THE CARPORT BEING ONE INCH FROM THE SIDE PROPERTY LINE. AND SINCE THIS PROPERTY ONE, UH, RUNS NORTH TO SOUTH, THIS IS FACING WEST MALONE AND THIS IS AN ALTERNATE VIEW FACING WEST THEO. AND THIS IS THE REAR SETBACK FOR THE CARPORT. AND THERE'S SURROUNDING AREAS STAFF RECOMMENDATION FOR THE SIDE REAR SETBACK STAFF RECOMMENDS A DENIAL ON BO OA DASH TWO THREE DASH 0 3 0 0 2 9 2 BASED ON THE FOLLOWING. ONE, THE DISTANCES DO NOT PROVIDE ADEQUATE SPACING BETWEEN PROPERTIES AND WATER RUNOFF MAY IMPOSE ON THE RIGHT OF WAY. AND THIS IS THE NOTIFICATION PLAN. STAFF MAIL 31 NOTICES TO RETURN IN FAVOR, ONE IN OPPOSITION. AND WE HAD NO RESPONSE FROM THE PALM HEIGHTS NEIGHBORHOOD ASSOCIATION. AND, UH, THESE ARE THE PUBLIC COMMENTS THAT WE RECEIVED FROM THE, UM, A PUTTING NEIGHBOR. AND THAT CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT'S PRESENT. OKAY. I HAVE TO, WERE YOU OUT THERE AT THE SITE? I HAVE TO ADD, IS THIS THING FULLY CANTILEVERED? NO, IT'S ALL WITHIN. OH, WELL IT'S WITHIN THE, IN THAT PICTURE RIGHT THERE. IS THAT WHAT I'M THINK I'M SEEING THERE? CORRECT, YES, SIR. I MEAN, THAT'S A GUTTER THAT'S JUST STICKING OUT TO THE, TO THE LEFT. SO THE, THE APPLICANT HE OWNS, UM, BOTH AND, UM, BUT THE CARPORT ITSELF IS, IS SOLELY ON, ON 8 0 6 WEST THEO. AND THE, UH, AND THE GUTTER, IT'S THE SAME COLOR AS THE FENCE, SO IT KIND OF LOOKS LIKE IT'S GOING OVER, BUT IT'S ACTUALLY ON THE SAME SIDE OF THE LOT. UM, SO IT WOULD BE CONSIDERED PART OF THAT ONE IF IT'S APPROVED AT THIS CONFIGURATION. UM, IT WOULD BE PART OF THE ONE INCH SIDE SETBACK. I'M SORRY, IT JUST LOOKS LIKE IT'S JUST SHOOTING OVER. YES, I UNDERSTAND . AND SO MANNA COMMISSIONER MANNA. OKAY, SO I'M SORRY, I, I GOT LOST THERE IN SOME OF THE DETAILS AND I APOLOGIZE. UM, SO, SO THIS WAS PREVIOUSLY REVIEWED, UM, BY BOARD OF ADJUSTMENT AND WHAT WAS GRANTED? WELL, THE, UH, PREVIOUS BOARD OF ADJUSTMENT CASE WAS FOR THE GARAGE, UM, FOR THE REAR SETBACK FOR THE STRUCTURE, UH, NOT FOR THE CARPORT IN QUESTION. UM, SO I, I HAD JUST PUT THAT ONE IN JUST TO, UM, I GUESS GIVE US SOME MORE CONTEXT ABOUT THE PROPERTY. UH, BUT AGAIN, THAT WAS JUST FOR THE ADDITION FOR THE GARAGE. AND THE GARAGE IS NOT FACING THE STREET. SO WE'RE NOT TALKING ABOUT A 20 FOOT SETBACK, WE'RE JUST TALKING, IT'S FACING THE SIDE. SO WE'RE JUST TALKING ABOUT THE REAR, UM, SETBACK. OKAY. AND, AND IS THIS BEEN, IS THIS UNDER PERMIT REVIEW? I MEAN, HAS SOMEONE TURN IN A STRUCTURAL LETTER ON THIS THING? I BELIEVE CODE COMPLIANCE STOPPED THIS, UH, CORRECT, YES. UM, CODE STOPPED THEM, UM, LAST MONTH AND THE ISSUANCE OF A CARPORT PERMITS PENDING, UM, THIS MEETING. ALRIGHT, WELL THERE'S NO MORE QUESTIONS. THIS HERE FROM APPLICANT. IS THERE, IS THERE AN ISSUE WITH THE GATE? YEAH. AND, AND THERE'S NO ISSUE WITH THE GATE? UH, NO SIR. UH, NO SIR. NO, I MEAN THE, UM, THE FENCE THAT'S COMING FROM, IT ROLLS UP. THIS, THE BROWN ONE DOESN'T IT? OVER, DOESN'T THAT MORE THAN THREE FEET OR SIX FEET? IT'S PREDOMINANTLY OPEN. IT'S, THERE'S, THE HEIGHT IS NOT AN ISSUE. THERE'S A PREDOMINANTLY OPEN ON THE SIDE OVER, CORRECT? YES, I OVER FIVE FEET. OKAY. ALRIGHT. THE APPLICANT COME FORWARD, SIR. IS THAT, YEAH. PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE. UH, MY NAME IS PAUL PALACIO AND, UH, THE ADDRESS IS, UH, 8 0 6 WEST THEO AVENUE. UH, I WOULD FIRST LIKE TO POINT OUT THAT THE VARIANCE DESCRIBED ABOVE, UH, DOES NOT CORRESPOND TO THE ACTUAL CONSTRUCTION PLANS INITIALLY SUBMITTED TO THE CITY STAFF. I INITIALLY PROVIDED A COPY PLOT PLAN, UH, BUILDING PERMIT, UH, WITH LOT OUTLINED IN BLUE AND METAL CORP PORT OUTLINED IN YELLOW CITY STAFF RETITLED IT TO SITE PLAN AND IDENTIFIED, UH, DESCRIBED THE VARIANCES WITH THE NUMBERS [03:20:01] ONE AND TWO, AND I THINK WE SHOWED IT, UH, BEFORE IT, IT WAS IN THE REPORT OF THE, UH, UH, MADE TO THE BO OAA COPY OF THE CITY STAFF SITE PLAN IS FILED ON PAGE SIX OF THEIR REPORT AND RECOMMENDATIONS TO THE BOA, UH, MAYBE IT WAS NOT CLEAR THAT EACH TINY BLOCK IN THE GRAPH REPRESENTS FIVE FEET, WHICH MAY HAVE CAUSED THE CONFUSION. I AM SUBMITTING, UH, EXHIBIT ONE, UH, WITH, UH, WITH OUTLINES AND COLORS DARKENED IN HOPES OF CLARIFYING ANY CONFUSION. NEVERTHELESS, THE PLOT PLAN, EXHIBIT ONE AND THE SITE PLAN PAGE SIX OF CITY STEPS, UH, REPORT AND RECOMMENDATIONS TO THE BO OA ARE ALMOST IDENTICAL, IF NOT IDENTICAL. YOU MIGHT WANT TO SHOW THE EXHIBIT ONE OF MY, OF MY SUBMISSIONS STAFF, IF YOU CAN BRING THAT UP. YEAH, KEEP GOING, KEEP GOING. THERE'S NO MORE, ARE YOU LOOKING FOR THE, UH, EXHIBIT ONE, THE GRID PLOT PLAN? THAT'S, THAT'S PART OF THE YEAH, I, I WANTED TO SHOW BOTH OF 'EM TO SHOW THAT THEY'RE MOST, UH, YOU DIDN'T, YOU DIDN'T GET MY SUBMISSIONS. THAT'S ALL THAT I RECEIVED. BUT LET ME PULL UP THE SITE PLAN FOR YOU. YEAH, THERE, THAT PAGE TWO RIGHT THERE. YEAH. SO IS THIS, THIS IS WHAT YOU'RE REFERRING TO, SIR? THIS IS WHAT THE, THIS IS WHAT THE CITY SUBMITTED. OKAY. AND, AND DO YOU HAVE SOMETHING TO THE CONTRARY? UH, WELL, NOT TO THE CONTRARY. I'M SHOWING THAT I THINK IT WAS, UH, THAT'S WHERE THE CONFUSION STARTED. HERE'S WHAT I'M LOOKING FOR. OH, YOU, YEAH, THEY CAN PROJECT THAT UP SO WE CAN SEE IT. OKAY. SEE HOW THEY WERE, THEY'RE SAYING THAT, UH, I WANTED A ONE INCH THAT THE COURT PORT THAT WAS GONNA BE UP TO ONE INCH, ONE INCH TO THE PROPERTY. AND YOU CAN SEE THAT, UH, ON THE REAR, THAT WHICH IS MALONE UP ON THE TOP. MM-HMM. , UH, YOU CAN SEE THAT IT'S GONNA BE, UH, FOUR FEET. THAT VARIANCE THAT WAS SPOKEN ABOUT BEFORE. UH, THE, THE CITY STAFF PLANNER JUST, UH, MENTIONED A WHILE AGO. UH, THE SETBACK IS, UH, LOOK AT MALONE. SEE WHERE IT SAYS EXISTING GARAGE? YES. OKAY. THEN THE, THE LINE OF THE EXISTING GARAGE THAT, FROM THAT LINE TO THE PROPERTY LINE IS SEVEN FEET. OKAY. SO YOU'RE, YOU'RE SAYING THAT, THAT YOUR CARPORT, THE EDGE OF CARPORT TO MALONE IS GONNA BE FOUR FEET. IS THAT CORRECT? THAT'S CORRECT. SO IT'S STILL A VARIANCE, IT'S JUST NOT, IT'S WITHIN THE VARIANCE. YES. IT'S ONE FOOT VARIANCE. RIGHT. IT'S DO YOU HAVE A POST THAT'S WITHIN, UH, THE 10 FEET? IS IS IT ONLY FIVE OR 10 FROM THE REAR? BECAUSE IT'S A STREET? I MEAN, DOESN'T IT STILL HAVE TO MEET THE, BECAUSE 10 FOOT WITH A UP TO FIVE FOOT OVERHANG RULE. SO HE STILL WOULD HAVE A, UM, I BELIEVE THIS IS AN R FOUR. CORRECT. SO HE STILL HAD THAT 20 FOOT SETBACK, BUT THE VOA DID REDUCED THAT TO SEVEN FEET. SEVEN FEET. UM, IT WAS AN UNFINISHED GARAGE. AND I, I THOUGHT WE COMMUNICATED TO HIM THAT WE'RE GONNA EXTEND THIS OUT OR WE THOUGHT HE WAS EXTENDING IT OUT UP TO THE ONE INCH LINE. BUT IF HE STATING THAT HE'S GONNA EXTEND IT OUT, I BELIEVE HE JUST HAD THE FOUR FOOT. UM, YES, THAT'S WHAT THE VARIANCE WOULD BE FOR IN THAT, IN THAT SCENARIO HE WOULD HAVE NO OVERHANG BECAUSE, UM, I'M SORRY. NO, HE WOULD HAVE A ONE FOOT OVERHANG. SO, BUT BECAUSE MALONE'S A, A PUBLIC RIGHT OF WAY, DOES, DOES A STANDARD CARPORT SETBACKS APPLY IN CONTRARY TO THE SEVEN FOOT THAT WAS APPROVED BEFORE? NO, THAT'S ONLY FOR THE FRONT. OKAY. THE 10 FOOT IS ONLY FOR THE FRONT. SO THEN HE WOULD, HE NEEDS A, HE HAS A VARIANCE FOR SEVEN FOOT, HE'S ASKING FOR AN ADDITIONAL THREE. CORRECT. OKAY. DID EVERYBODY CATCH THAT? NO. AND SO, MANNA COMMISSIONER MANNA, SORRY. YEAH, I'M TRYING TO KEEP WITH A LOT OF DETAILS HERE. SO CAN YOU BRING UP THE OVERHEAD, FOR EXAMPLE, UH, FOR THIS, FOR GOOGLE MAPS BECAUSE, UM, IT, IT CURRENTLY HAS WHAT APPEARS TO BE THE STRUCTURE THAT WE'RE TALKING ABOUT HERE. AND I ACTUALLY HAVE SOME ADDITIONAL QUESTIONS ON THAT, BUT I JUST WANNA MAKE SURE I'M COVERING EVERYTHING THAT WE'RE TALKING ABOUT. SEE, THAT'S AN ADDITIONAL THREE FEET. OKAY. PERFECT PICTURE THERE. OKAY. SO, SO I ASSUME THE, THE, WE'RE TALKING ABOUT THE MARKER, THE ONE WITH THE, THE RED MARKER IS THE PROPERTY WE'RE TALKING ABOUT, CORRECT? YES. OKAY. AND ON THE SOUTH PART OF THAT IS THE GARAGE THAT WAS PREVIOUSLY PROVED, UM, WITH REGARDS TO THE SETBACK, CORRECT? YES. YES. OKAY. AND SO NOW THE METAL STRUCTURE THAT IS TO THE LEFT OF THAT IS THE NEW STRUCTURE THAT'S BEING ADDED. SO THE CARPORT PART IS THREE AND THAT'S WHAT WE'RE TALKING ABOUT, RIGHT? [03:25:01] THREE FEET? YES, SIR. SO, SO IT LOOKS LIKE THE CARPORT THAT YOU'RE LOOKING TO ADD IS, IS, UM, UM, THE BACK LINE IS EQUIVALENT TO THE EXISTING GARAGE THAT WAS PREVIOUSLY APPROVED. IS THAT CORRECT? EXACTLY, YES, SIR. OKAY. NOW I DO HAVE A QUESTION HERE. 'CAUSE IT LOOKS LIKE A PORTION RIGHT IN THE CENTER THERE HAS A STRIP THAT GOES OVER THAT EXTENDS OVER THE PROPERTY LINE. UM, YES. SO THAT MIDDLE STRIP, WELL, IT DOESN'T EXTEND, UH, OVER THE PROPERTY LINE. IT'LL, UH, IT EXTENDS, YOU MEAN YOU'RE TALKING ABOUT THE SIDE, UH, PROPERTY LINE? I'M TALKING ABOUT THE CUTOUT THERE IN THE CENTER. SO, SO BASICALLY YOU, YOU HAVE A, WE'LL SAY AN ODD SHAPED STRUCTURE AND THEN MIDDLE GOING OFF, UH, TO THE, UM, UH, WEST THERE IN THE CENTER OF THAT IS A STRUCTURE THAT LOOKS LIKE IT GOES OVER TO THE ADJACENT PROPERTY THAT LOOKS LIKE IT IS EXTENDING OVER THE ROOF. YEAH. OR OVER THE FENCE. UH, NO, IT DOES NOT EXTEND OVER THE FENCE. IT, IT GOES UP TO THE PROPERTY LINE. AND THE VARIANCE THAT I'M REQUESTING IS ONE INCH FROM THE PROPERTY LINE. IT'LL GO UP TO, UP TO ONE INCH, UH, FROM THE, TO THE PROP WAS THERE UP TO ONE INCH FROM THE PROPERTY LINE. SO LET ME, LET ME ASK A CLARIFICATION. WAS THERE EVER ANYTHING THAT, THAT DID GO OVER THAT YOU CORRECTED? 'CAUSE THE PICTURE KIND OF, I SEE WHAT COMMISSIONER MANIS, IT LOOKS LIKE YOU HAVE A PIECE THAT'S EXTENDING OVER THE PROPERTY LINE. IS THAT, AND THAT, THAT'S, YEAH, IT MIGHT LOOK THAT WAY, BUT IT'S NOT, IT'S RIGHT ON THE PROPERTY LINE. SO, UH, WHAT I'M REQUESTING NOW, IT'S COMPLETELY NOW IS FOR IT TO BE ONE INCH. UH, BUT THERE'S NO ATTACHMENT. IT'S NOT ATTACHED TO ANYTHING ON THE OTHER. NO. OKAY. NO. COMMISSIONER MANIS STILL IS A FLOOR. SEE, THERE, THERE, THERE YOU GO. CAN YOU GO BACK? YEAH, WHATEVER THAT IS. WHATEVER THAT IS RIGHT THERE. SEE THAT, UH, UH, STRUCTURE THAT UP ON THE TOP? THAT'S, THAT'S A PROPERTY LINE. SEE WHERE THE DRIVEWAY IS? OKAY. THAT'S A, THAT'S A PROPERTY LINE ACTUALLY. UH, I'VE STILL GOT FIVE INCHES FROM THAT DRIVEWAY WHERE THE PROPERTY LINE IS. ACTUALLY, SEE THAT OTHER BUILDING OVER THERE WHERE THAT TABLE'S AT? SEE WHERE IT'S SITTING, UH, PAST, UH, RIGHT THERE NOW IT, IT, THAT'S THE PROPERTY LINE RIGHT THERE. YEAH. I'M JUST TRYING TO RECONCILE THIS PICTURE WITH THE OTHER PICTURE. AND SO, SO I'M STRUGGLING A BIT THERE. OH, I'M SORRY. I HAVE A POINTER. THERE'S A POINTER YOU CAN USE TO HELP, UH, CONVEY, CONVEY, UH, YOUR TESTIMONY. OKAY. THIS IS, THIS IS THE PROPERTY LINE RIGHT HERE. THIS IS THE DRIVEWAY. AND, UH, 'CAUSE IF YOU GO PAST, IF YOU GO STRAIGHT PAST THIS, OVER ALL THE WAY UP TO MALONE, UH, PAST THIS STRUCTURE HERE, THERE'S GONNA BE A FENCE. AND THE FENCE FOLLOWS THIS LINE RIGHT IN HERE. OKAY? SO, UM, THIS PORTION UP HERE IS UP TO THE PROPERTY LINE, UP TO RIGHT HERE. I, I, UH, DROPPED A, A LEAD THING. I DON'T KNOW WHAT THEY CALL 'EM. UH, A PLUMB. A PLUMB PLUMB VALVE. YEAH. UH, I DROPPED IT FROM RIGHT FROM THIS EDGE DOWN TO HERE. AND IT, AND IT SAYS RIGHT ON THAT EDGE RIGHT THERE. OKAY. OKAY. SO, UH, WELL, LET'S SEE IF, IS THERE ANY ADDITIONAL QUESTIONS? COMMISSIONER MANDA, UH, CRUZ. HOLD ON. HOLD ON. COMMISSIONER MANDA, DO YOU HAVE ANY ADDITIONAL QUESTIONS? OKAY. COM UH, COMMISSIONER CRUZ. OKAY. THE ONLY THING IS THAT EVERYONE HAS TO REMEMBER THAT PROPERTY ON THE, THAT YOU'RE LOOKING AT RIGHT NOW ON THE RIGHT HAND SIDE DOES BELONG TO HIM ALSO. SO THAT KIND OF, WELL, MIGHT NOT. YEAH. BUT, UH, RIGHT NOW, THIS, THIS, BOTH PROPERTIES BELONG TO THE GENTLEMAN. YEAH, THIS, THIS PLACE BELONGS TO ME AS WELL. UH, THIS PLACE RIGHT HERE IS NINE 11 MALONE. AND THEN THERE'S ANOTHER, UH, HOUSE THAT SITS, UH, FURTHER BACK, WHICH IS EIGHT 10 THEO STREET, WEST THEO STREET. AND THAT HOUSE BELONGS TO ME AS WELL. OKAY. ANY OTHER QUESTIONS? ALL RIGHT. HEARING NONE, UH, IS THERE ANY PUBLIC COMMENTARY? ANYONE SIGN UP DISPUTE? NO PUBLIC COMMENT. ALL RIGHT. UM, WELL, WHAT WE'RE GONNA DO IS WE'RE GOING TO, WE'RE GONNA DELIBERATE ON THIS, BUT I JUST, UH, WHOEVER MAKES A MOTION, YOU KNOW, WE HEARD, WE DID HEAR, UM, SOME TESTIMONY THAT THERE'S THE FRONT, THEY DON'T NEED, THEY DON'T NEED, UH, THE FULL SETBACK TO MALONE TO THE REAR. UH, IT ONLY NEEDS TO BE, UH, UH, I THINK HE SAID IT WAS FOUR FEET OFF AND CORRECT. SO IT'LL BE A THREE FOOT VARIANCE, THREE FOOT VARIANCE TO A PREVIOUSLY APPROVED SEVEN FOOT SETBACK, MAYBE WOULD BE THE CORRECT WAY TO STATE THAT WHOEVER READS A MOTION. YEAH. AND ALSO, UH, SEE WHERE, BACK OVER HERE WHERE, UH, OH, WE IS, IS THERE ANY, IS THERE ANY NEW INFORMATION YOU'D LIKE THE OFFICER? WE'RE READY TO, UH, GO [03:30:01] GO RIGHT TO A MOTION? NO, THAT'S FINE. GO AHEAD. ALL RIGHT. SO WHO WOULD LIKE TO MAKE A MOTION? DEAN, I HAVE A QUESTION. YES. COMMISSIONER DEAN. IS, WAS THERE A PERMIT POOLED? LIKE HOW, HOW, WHY DID YOU DECIDE TO CANTILEVER THE STRUCTURE? I'M TRYING TO UNDERSTAND MORE ON YOUR THOUGHT PROCESS FOR, UH, I HAD TO BUILDING, I HATE TO BLAME ANYBODY, UH, EXCEPT FULL RESPONSIBILITY. BUT THE CONTRACTOR TOLD ME I DIDN'T NEED A PERMIT BECAUSE THE CARPORT WAS GONNA BE DETACHED FROM THE HOUSE. IT WAS NOT GONNA BE ATTACHED TO THE HOUSE OR TO THE, OR TO THE, BUT YOU DO HAVE A PERMIT IN PLACE NOW? WELL, NOW I DO. I MEAN, IT'S PENDING Y'ALL'S DECISION. WELL, I'M GRANTED A VARIANCE IF I'M GRANTED A VARIANCE. OF COURSE. I'M GONNA GET A PERMIT NOW. OKAY. WAIT, SO WHERE ARE WE AT WITH THE PERMIT? IT'S COMPLETED OR NOT COMPLETED? IT'S APPLIED. THE PERMIT WAS APPLIED FOR, IT'S JUST NOT APPROVED YET BECAUSE HE NEEDS THIS VARIANCE. OKAY. OKAY. SO WHO WOULD LIKE TO MAKE A MOTION? OH, ZUNA. I'LL TAKE IT. COMMISSIONER ZUNA. REGARDING CASE NUMBER BO OA DASH 23 DASH 0 3 0 2 92, I MOVE THAT THE BOARD OF ADJUSTMENT, GRANTED REQUEST FOR ONE A FOUR FOOT 1111 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE STEPBACK REQUIREMENT TO ALLOW A CARPORT TO BE ONE INCH FROM THE SIDE PROPERTY LINE. AND TWO, A THREE FOOT VARIANCE FROM THE PREVIOUSLY APPROVED SEVEN FOOT SIDE SETBACK, UH, REQ REQUIREMENT, UH, TO ALLOW A CARPORT TO BE, UH, UH, SITUATED AT THAT APPROPRIATE FROM THE APPROPRIATE DISTANCE FROM THE SIDE, FROM THE REAR PROPERTY LINE SITUATED 8 0 6 WEST THEO AVENUE, APPLICANT BEING PAUL PALACIO. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY AS SUCH, THERE ARE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THE PUBLIC INTEREST TO DEFINED AS THE GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY THE SETBACK REQUIREMENTS TO PREVENT STORM WATER RUNOFF AND ROUTINE MAINTENANCE WITHOUT, UH, TRESPASS. NOW THE APPLICANT IS REQUESTING A VARIANCE, UH, TO THE SIDES AND REAR SETBACK TO, UM, THE APPLICANT IS REQUESTING A VARIANCE TO THE SIDE AND REAR SETBACK TO ALLOW A CARPORT TO BE ONE INCH FROM THE SIDE AND THREE FEET FROM THE REAR OF THESE DISTANCE, PROVIDE ADEQUATE SPACING BETWEEN PROPERTIES AND WATER RUNOFF WITHOUT IMPOSED ON THE RIGHT OF WAY, WHICH ARE BOTH NOT CONTRARY TO PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT, THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIAL CONDITION FOUND IS A NARROWNESS OF THE SUBJECT PROPERTY. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD NOT HAVE SUFFICIENT SPACE FOR THE INTENDED CARPORT IF ABIDING BY THE SETBACK REQUIREMENTS. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE GRANTING OF THESE VARIANCES WILL NOT OBSERVE THE SPIRIT OF THE ORDINANCE AS THE CARPORT IS SUITABLE DISTANCE FROM THE ADJACENT PROPERTIES AND WATER RUNOFF WILL NOT IMPOSE UNTIL THE RIGHT OF WAY TOWARDS THE REAR OF THE PROPERTY. FOUR. THE VARIANCE WOULD NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. ITS VARIANCE WITHOUT INJURED THE APPROPRIATE USE OF ADJACENT CORN PROPERTY OR ALSO THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE CARPORT WILL BE ONE INCH FROM THE SIDE AND THREE FEET FROM THE REAR PROPERTY LINES, THIS WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES UPON SITE. VISIT. VISIT THE STAFF'S OBSERVED OTHER CARPORTS IN THE IMMEDIATE AREA WITH WHICH, UH, MAKES THE REQUEST NOT OUT OF CHARACTER. SIX. THE PLIGHT THAT THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SAW IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY. NOT MERELY FINANCIAL NOT TO TO, OR THE RESULT OF GENERAL CONDITIONS OF THE DISTRICT WHICH THE PROPERTY IS LOCATED. STAFF FIND THE PLIGHT STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY PROPERTY FOR ITS VARIANCE OF, SO DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE NARROWNESS OF THE LOT, THE CIRCUM CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL. AND A MOTION. SECOND. SECOND BY COMMISSIONER CRUZ. COMMISSIONER ZUNA. YEAH, SO I'M SUPPORTING THE MOTION, UH, THE, OBVIOUSLY THE OWN, THE, THE APPLICANT OWNS THE PROPERTY THAT'S MOST AFFECTED BY THE PROP PROPERTY. WE SAW NO WA WE SAW NO WALL POSITION. UH, HE, THE BUILDING PERMITS ARE IN, IN PROCESS WITH THE CITY, WHICH WOULD INCLUDE, UM, ENGINEERING REPORT ON THE, ON THAT, UH, CAN OF LIVER POST FOR THE, FOR THE CARPORT. UH, SO I, I SEE NO REASON TO OPPOSE THE VARIOUS REQUESTS. COMMISSIONER CRUZ? YES, I CONCUR WITH MY COLLEAGUE. I DON'T SEE A PROBLEM WITH IT SINCE BOTH, UH, PROPERTIES ARE HIS. THANK YOU. ALRIGHT. UH, THERE'S NO ANY OTHER COMMISSIONS LIKE TO ADD, UM, COMMISSIONER CAPLET? YEAH, I'M NOT IN FAVOR OF THIS. UM, I'M LOOKING AT THE NEIGHBORS WHO'S SAYING, UM, UH, THEY'RE NOT FOR THE PROPERTY HAS REDUCED SETBACK ON MY SIDE, ON THE SIDE OF THE NEIGHBOR, AND I DON'T SEE THE NEED TO GRANT ANY ADDITIONAL REDUCED SETBACKS. WELL, I WOULD JUST MEAN TO SAY THAT THE NEIGHBOR, HE OWNS A LOT THAT'S BEING AFFECTED BY THAT SIDE SETBACK, SO YES. YES. OKAY. AND THE OTHER THING TOO IS, UH, EVEN THOUGH MR. PALACIO OWNS THE ADJACENT PROPERTY, HE WILL, HE MAY NOT ALWAYS OWN THAT. SO THIS GOES WITH THE LAND AND WHOEVER BUYS [03:35:01] THE PROPERTY IN THE FUTURE WILL BE AFFECTED THE NEXT DOOR. OKAY. IS THERE ANY OTHER COMMISSIONERS, UH, THAT WOULD LIKE TO ADD? I WOULD JUST ADD THAT THEY DON'T HAVE TO BUY THE PROPERTY IF IT'S AFFECTED BY THAT SETBACK. I MEAN, THAT CONDITION EXISTS. WELL, WE, SO WE HAVE, WE HAVE TWO ISSUES BEFORE US. UH, THE SIDE SETBACK ISSUE AND THE VARIANCE FOR THE CARPORT FROM THE REAR LINE. THE, THE, UH, WEST MALONE LINE IS, IS, UH, IS THERE ANOTHER COMMISSIONER WHO WOULD BE, UH, AMICABLE TO ONE AND NOT THE OTHER THAT WOULD LIKE TO BREAK ONE OUT OF THE MOTION? ALRIGHT, THEN WE CAN MOVE FORWARD. UH, LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER LUNA? YES, I CONCUR. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER BURTON? YES, I CONCUR. COMMISSIONER KAPLAN? I DO NOT CONCUR. COMMISSIONER VASQUEZ? I DO NOT CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER ZUNIGA? I DO NOT CONCUR. COMMISSIONER MANA? I CONCUR WITH THE FINES OF FACT. COMMISSIONER VES? I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. THE MOTION FAILED SEVEN TO FOUR. UH, IS THERE ANYONE ON THE PREVAILING SIDE THAT WOULD LIKE TO, UM, HAVE THIS COME BACK UP TO, FOR ONE THAT THEY COULD SUPPORT OR, OR NOT GOING ONCE, TWICE. SO IT'D BE A MATTER OF BREAKING IT OUT AND SUPPORTING. SO COMMISSIONER ZUNIGA HAS, UH, EXPRESSED THAT HE WOULD LIKE TO MAKE A MOTION TO RECONSIDER. IS THERE A SECOND? SECOND. SECOND BY COMMISSIONER MANDA. ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? UH, WE HAVE ONE OPPOSED. SO THE MOTION TO RECONSIDER PASSES 10 TO ONE. UH, IS COMMISSIONER'S, UH, MR WAS NOT. SORRY. YEAH, BUT HE SECONDED IT. HE DIDN'T HAVE TO. YEAH, YOU, YOU ONLY NEED TO MAKE THE MAKER. I SECONDED IT. NO, NO. UH, COMMISSIONER MAN HAS SECONDED THE MOTION TO RECONSIDER. HE DOES NOT HAVE TO BE ON THE PREVAILING SIDE. ONLY THE MAKER. SO IF THERE IS A, UH, UH, NOW THAT WE ARE RECONSIDERING, IS THERE A COMMISSIONER LIKE TO MAKE A MOTION TO EXCLUDE THE SIDE SETBACK? I'LL ACCEPT THE MOTION TO EXCLUDE THE SIDE SETBACK. SO EVERYTHING ELSE IS THE SAME WITH EXCEPTION OF THE SIDE SETBACK. SO WE HAVE A MOTION. UH, IS THERE A SECOND? SO THE FRONT SETBACK IS OKAY. SIDE SETBACK. YEAH, THE SETBACK ON THE LOAN SETBACK WOULD BE FINE. THE SIDE. OKAY. SO, SO KAPLAN SECONDS THE MOTION, UH, TO CONSIDER ONLY THE SETBACK, UH, THE REAR SETBACK ONTO MALONE. UH, LET'S HAVE A ROLL CALL VOTE JUST ON THAT. AND IS THIS FOR THE, UM, FOUR FOOT? THIS IS THREE FOOT. IT'S A THREE FOOT. UM, IT'S A VARIANCE. IT'S A THREE FOOT VARIANCE TO THE PREVIOUSLY APPROVED SEVEN FOOT SETBACK. OKAY. THANK YOU. COMMISSIONER ZUNA? YES, I CONCUR. COMMISSIONER KAPLAN. I CONCUR. COMMISSIONER BRAYTON, I CONCUR. COMMISSIONER VASQUEZ. I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ. I CONCUR. COMMISSIONER ZUNIGA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER MANA? I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES. I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. SO YOU HAVE, YOU HAVE A, AN APPROVAL FOR THE REAR SETBACK ONTO MALONE, BUT NOT THE SIDE SETBACK THAT HAS TO BE BROUGHT TO FIVE FEET. OKAY. UH, AND STAFF, THERE'S THINK THERE'S A MISUNDERSTANDING. WELL, STAFF CAN YOU STAFF WILL THOROUGHLY EXPLAIN IT TO YOU. BUT FOR THE, FOR THE BENEFIT OF THE COMMISSION, WHEN YOU HAVE A CANTILEVERED OVERHANG INTO A FIVE FOOT, CAN YOU STILL GO THREE FEET AWAY FROM THE SIDE? SO, SO FOR CARPORTS ONLY, THEY CAN GO, UM, THEY CAN HAVE THE POLES AT FIVE FEET AND EXTEND TWO MORE FEET. OR THEY CAN HAVE THE POLES AT THE THREE FOOT WITH NO OVERHANG. BUT IF HE HAS A CANTILEVERED FROM THE HOUSE, CAN HE, AND, AND RIGHT NOW HE'S AN INCH FROM THE SIDE, JUST THE SIDE SETBACK. AND CAN HE BE THREE FEET AWAY OR IS THAT CONSIDERED JUST ONE BIG LONG OVERHANG? 'CAUSE IT'S CANTILEVERED FROM THE HOUSE? OR HOW DOES, HOW DO Y'ALL LOOK AT THAT? 'CAUSE I, I DON'T THINK WE'VE EVER HAD THAT. ANYBODY YEAH. DO THAT BEFORE . YEAH. OUR, OUR, YEAH, OUR INTERPRETATION FOR THE CARPORT ONLY WOULD JUST BE THE, UH, IT HAS TO STOP AT THE THREE FOOT LINE. OKAY. WHETHER THE POLES ARE AT THE FIVE FEET WITH A TWO FOOT OVERHANG OR POLLS THAT THE THREE FEE WITH NO OVERHANG. WELL, I'M SURE HE'LL HAVE, THE APPLICANT WILL HAVE SOME QUESTIONS FOR YOU. YEAH. HE'LL TAKE YOU OUTSIDE AND ANSWER ALL YOUR QUESTIONS. ITEM NUMBER 10, SUNSET. GOOD TO ME. OKAY. [03:40:09] ITEM NUMBER 10 IS BO OA DASH 23 DASH ZERO THREE. LET'S, LET'S HOLD ON A SECOND. UH, COMMISSIONER, UH, VASQUEZ IS, WILL BE LEAVING AT FIVE O'CLOCK. AND UH, COMMISSIONER DEAN HAS LEFT. SO LET'S, LET'S GIVE A FEW, WE'RE JUST GONNA TAKE A FIVE MINUTE BREAK. THANK YOU. ALL RIGHT. 5 0 2. UH, WE CAN START ON ITEM NUMBER 10 AND LET THE RECORD SHOW THAT UH, COMMISSIONER VASQUEZ HAS, UH, LEFT THE MEETING DOWN TO 10 PEOPLE. ITEM NUMBER 10 IS BO A DASH TWO THREE DASH 103 0 2 9 3. ADDRESS IS 1 2 5 9 ELVIRA STREET IN CITY COUNCIL DISTRICT NUMBER FIVE. THE APPLICANT IS LUCIA REBA AND THE REQUEST IS FOR A FOUR FOOT TWO INCH VARIANT FROM THE MINIMUM FIVE FOOT SIDE SETBACK FROM ALLOW IN ADDITION TO BE 10 INCHES FROM THE SIDE PROPERTY LINE. AND TWO, A THREE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT REQUIREMENT TO ALLOW A SIX FOOT PRIVACY FENCE IN THE FRONT YARD. AND THE CURRENT ZONING IS R THREE. THE SUBJECT PROPERTY IS LOCATED ALONG ELVIRA TREE ON THE WEST SIDE OF SAN ANTONIO. THE APPLICANT CONSTRUCTED AN ADDITION WITHOUT A PERMIT UPON STAFF INSPECTIONS. IT WAS FOUND TO BE ENCROACHING INTO THE REQUIRED SETBACK BY FOUR FOOT TWO INCHES. UM, ADDITIONALLY, A NEW SOLID SCREEN FENCE WAS OBSERVED THAT WAS RECENTLY CONSTRUCTED. THIS WAS OBSERVED DURING OUR SITE VISITS. UM, THE SOLID SCREEN FENCE MEASURED TO BE AT A HEIGHT OF SIX FEET. PROPERTY AND SURROUNDING RESIDENTIAL LOTS WERE RECENTLY DOWN ZONE OR RECENTLY DOWN ZONED BY A LARGE AREA REZONING. AND, UM, THIS IS THE SITE PLAN AND THE SUBJECT PROPERTY. AND THIS IS THE FENCE. AND THE, UM, SIDE STEP BACK FOR THE ADDITION THAT'S IN THE WHITE. AND THIS IS THE MEASUREMENT OF THE SIDE. STEP BACK FOR THE ADDITION. AND THIS IS THE OVERHANG OF THE ADDITION. AND THIS IS THE VIEW FROM THE NEIGHBORING, UH, PROPERTY STAFF. RECOMMENDATION FOR THE SIDE STEPBACK VARIANCE STAFF RECOMMENDS A DENIAL IN BO OA DASH 23 DASH 2 93 BASED ON THE FOLLOWING. ONE, THE REDUCED SETBACKS WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. AND TWO, THE CARPORT WILL BE, OR THE ADDITION WILL BE TOO CLOSE TO THE NEIGHBORING PROPERTY CAUSING POSSIBLE ISSUES WITH WATER RUNOFF. FOR THE, UM, DEFENSE, HIGHEST SPECIAL EXCEPTION STAFF RECOMMENDS AN APPROVAL IN BO OA DASH 23 DASH 0 3 0 2 93 BASED ON THE FOLLOWING, ONE, THE FENCE WILL CREATE ENHANCED SECURITY FOR THE PRI UH, DEFENSE WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT AND ADJACENT PROPERTIES. AND TWO, THE REQUEST WILL NOT RE IN THE GENERAL PURPOSE OF THE DISTRICT AND STAFF MIGHT OUT 26 NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION. AND PROSPECT HILL AND NEIGHBOR DIS ASSOCIATION WITHIN 200 FEET DO NOT RESPOND. AND THAT CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. UH, CAN, CAN YOU BRING UP THE PICTURE THAT SHOWS, UH, YOU MEASURING THE SIDE SETBACK? THAT ONE. SO THEIR 10 INCHES AWAY FROM THE FENCE. AND HOW CLOSE IS A NEIGHBORING HOUSE TO THE FENCE? UM, UPON TYPE BUSINESS, IT, IT LOOKED ABOUT LIKE LESS THAN A FOOT, MAYBE LIKE, LIKE SEVEN INCHES MAYBE. SO THAT SMALL CO COVER OVER, I GUESS IT'S AN AC UNIT, IS LIKE RIGHT ON THE PROPERTY LINE? THAT, UH, CORRECT, YES. OKAY. ALL RIGHT. THANK YOU. IS THERE ANY OTHER QUESTIONS FOR STAFF FROM THE COMMISSION? CRUZ COMMISSIONER CRUZ? UM, WITH THE SITE SETBACK SO CLOSE, IS THERE REALLY ANY ALTERNATE RECOMMENDATION BECAUSE IT, SINCE IT'S ALREADY THERE, IS THAT A GOOD QUESTION? I'M SORRY, WHAT WAS THE, WHAT WAS THE QUESTION ABOUT THE ALTERNATE RECOMMENDATION? WELL, BECAUSE SINCE IT IS SO, SO CLOSE TO THE SIDE, IS THERE REALLY ANY, NO. I MEAN, IF, IF YOU DON'T APPROVE THIS, THERE'RE GONNA HAVE TO TEAR IT DOWN AND GO BACK TO THE FIVE FOOT. UH, I HAVE A QUESTION FOR STAFF TOO. MR. KAPLAN. UM, 1, 2, 5, 5, UH, IS THAT ELVIRA? UH, DO THEY HAVE A PERMIT TO BUILD? IT LOOKS LIKE THEY'VE BUILT OVER THEIR, UH, PROPERTY LINE TOO. THAT'S, UH, THE NEXT DOOR NEIGHBOR. WE DID NOT FIND ANY APPROVED VARIANCE. UM, I BELIEVE THEY ARE BEING CONTACTED BY CO COMPLIANCE, UM, AFTER WE DID OUR SITE VISITS, BUT THEY HAVE, WE DON'T, WE DID NOT FIND AN APPROVED VARIANCE FOR THAT ONE. CRUZ AGAIN. SORRY, COMMISSIONER. SO HOW IS THIS BROUGHT UP TO US? UM, IT WAS A CODE CASE. THANK YOU. MANNA COMMISSIONER [03:45:01] MANNA. UM, IT SEEMS TO ME I RECALL SEEING THIS LITTLE SMALL SECTION OF STREET ONCE BEFORE FAIRLY RECENTLY. IS THAT TRUE? FOR, FOR THIS PORTION OF EL HARBOR? THIS WAS PART OF THE LARGE AREA ZONING. UM, BUT I DON'T, I DON'T THINK, I THINK WE HAD ONE ACROSS THE STREET TO THE SOUTH. TWO BLOCKS, BUT NOT THIS STREET. OKAY. OKAY. THANK YOU. ALRIGHT. UM, THANK YOU. IS THERE ANY, UH, IS THE APPLICANT PRESENT? UH, YES SIR. ALL RIGHT. AND THEY WILL NEED A TRANSLATOR. OKAY. I'M GONNA TRANSLATE FOR MY MOM. SHE TALKS SPANISH. OKAY. SHE'S OWNER THE HOUSE. I LIVED THERE FOR ALL MY LIFE. SURE. UH, IF YOU COULD JUST TELL US HER NAME AND THEN HER NAME IS, TELL US ABOUT YOUR CASE. UH, HER NAME IS LUCILA RIVAS. UM, SHE LIVES IN 1259 AVIRA STREET. THERE YOU GO. SHE LIVES IN 1259 AVIRA STREET. UM, WE'VE BEEN LIVING THERE FOR 20 YEARS IN THAT HOUSE. SHE BOUGHT IT LIKE TWO WEEKS, 28, SO, OH, , 28 YEARS. SHE BOUGHT IT WHEN I WAS LIKE TWO MONTHS. SO WE'VE BEEN LIVING THAT HOUSE FOR THE WHOLE REST OF MY LIFE. I'M A SINGLE MOM AND ME AND HER SHARE A HOUSE. SO WE TRY TO MAKE AN EXTRA ROOM FOR ME, FOR MY DAUGHTER SO SHE CAN HAVE HER OWN ROOM. AND WE HAVE TALKED TO THE NEIGHBORS. WE HAVE SIGNATURES OF ALL MY NEIGHBORS OTHER THAN APPROVING OF THE, OF US BUILDING. WE DID NOT KNOW THAT WE NEEDED A PERMIT. WE WERE NOT REALLY INFORMED. WE JUST THOUGHT SINCE WE ASKED THE NEIGHBOR NEXT DOOR AND WE TOLD THEM, YOU'RE GONNA PUT GUTTERS GOING DOWN SO THERE WILL BE NO WATER DAMAGE ON THEIR PROPERTY. SO. OKAY. AND, UM, WHAT IS, WHAT IS THE WALL MADE OUT OF? IS THAT JUST, DO YOU KNOW IF IT'S FIRE RATED? MY DAD'S THE ONE THAT BILLED IT FOR ME. 'CAUSE I ASKED HIM 'CAUSE HE DOESN'T WORK. THE KISS THE KISS PLAY WOOD. IT'S PLAY WOOD. YEAH. IF YOU COULD, UH, TELL US HIS NAME AND HIS NAME IS JUAN BARON. OKAY. AND DO YOU REMEMBER, MIKE, DO YOU REMEMBER THE QUESTION? UH, IF THE WALLS FIRE RAIDED? YES. YES. OH, OKAY. YES. ALL RIGHT. IS THERE ANY QUESTIONS FOR THE APPLICANT? OH, I HAVE A COMMISSIONER. ZUNA A QUESTION. SO IF, IF WE WERE TO APPROVE THE VARIANCE TODAY, UM, THE, THE IMPROVEMENTS THAT YOU BUILT WOULD STILL HAVE TO GO THROUGH THE REVIEW OF THE CITY'S PLANNING, UH, DEPARTMENT. RIGHT. SO THEY'RE, THEY'RE GONNA REVIEW IT FOR FIRE RATING, FOR ELECTRICAL CODE AND ALL THE OTHER CODE, CODE BUILDING CODES. 'CAUSE WE'RE PRIMARY CONCERNED ABOUT THE SAFETY OF YOUR FAMILY, RIGHT? YOU SAID YOU HAVE THE BABY IN THERE. YES, BUT WE DON'T WANT ANY, ANY, UM, YOU KNOW, FIRE HAZARD, RIGHT? YES. IT'S SO CLOSE TO THE PROPERTY LINE THAT ANY POTENTIAL FIRE, EITHER YOUR NEIGHBORS OR YOU COULD SPREAD REALLY QUICKLY. AND THAT'S WHAT WE'RE, THAT'S WHAT WE'RE, YOU KNOW, IN CHARGE OF TRYING TO, LOOKING AT THESE VARIANCES AND THINKING ABOUT THE SAFETY ALSO THAT'S IMPORTANT TO THE, WE ALSO HAVE TWO X EXITS FROM THAT HOUSE, FROM THAT ROOM, ONE FROM THE FRONT AND ONE FROM THE BACK. I HAVE PICTURES OF THE X EXIT. YEAH, YOU CAN, THEY CAN PROJECT THAT UP ON THE SCREEN. IF YOU HAND IT TO THE STAFF, ONE TO YOUR RIGHT. ONE EXIT. THERE'S ONE EXIT AND THEN THE SIDE GOING TO THE SIDE. HOW IN THE, IN THE, I LIVE IN, IN A CORNER HOUSE. HOW MANY PHONE? SO I HAVE TWO EXITS, ONE FROM THE BACK AND ONE FROM THE FRONT. OKAY. UM, ARE THERE ANY ADDITIONAL QUESTIONS FROM THE COMMISSION? YEAH. UM, COMMISSIONER KAPLAN, I THINK YOU, YOU ASKED ABOUT THE FIRE, THE FIRE RATING ON THE FENCE. WHAT ABOUT THE FIRE RATING ON THE WALLS? THAT'S WHAT I REMEMBER. IS THAT WHAT YOU ASKED FOR? OR, OKAY. NOT THE FENCE. YEAH, I DON'T, THAT'S BE HARD TO FIND IT. WELL, IT'S, IT'S FINE. OKAY. THAT'S THE QUESTION. THANK YOU. AND I HAVE THE PERMISSION SLIP OF EVERY NEIGHBOR THAT I HAVE. I'LL GIVE THAT TO STAFF TOO. I THOUGHT YOU WERE ASKING [03:50:09] THIS IS THE NEXT DOOR. YEAH, THAT THOSE TWO LAST ONES ARE THE NEIGHBOR NEXT DOOR TO ME. THE ONE THAT MAY HAVE A PROBLEM, BUT WE TOLD THEM YOU'RE GONNA PUT A GUTTER FROM THE GET GO. OKAY. UH, IS THERE ANY PUBLIC COMMENTARY YOU WANNA SEND IT TO SPEAK? NO PUBLIC COMMENT. ALL RIGHT. SO, UM, WHAT'S GONNA HAPPEN IS, UM, WE'RE GONNA ASK, IF THERE'S NO MORE QUESTIONS, WE'LL ASK THE COMMISSIONER TO MAKE A MOTION AND THEN WE'LL SEE HOW, HOW THIS TURNS OUT. UH, IS THERE ANYTHING ELSE YOU'D LIKE TO ADD BEFORE WE DO THAT FURTHER? JUST, WE WORK REALLY HARD. LIKE MY ROOM IS ONLY A FULL BED AND JUST A CLOSET, A LITTLE CLOSET. SO I NEEDED THIS MORE BIGGER SPACE. AND SINCE WE LIVE IN A CORNER HOUSE AND IT USED TO BE A PHARMACY, LIKE YEARS, THE HOUSE. SO THERE'S NOT A LOT OF LIKE MOVEMENTS. LIKE I CAN'T BUILD ON THE BACK, I CAN'T BE ON THE SIDE, CAN'T BE OWNING THAT SIDE. AND LIKE I WAS PLANNING A MOVIE MYSELF AND GIVING HER THAT ROOM THAT BY HER TWIN BED TO MIX MORE SPACE. OKAY. BUT THAT IS WHY. ALRIGHT, WELL WITH THAT I'LL SEE IF THERE'S A COMMISSIONER WHO'D LIKE TO MAKE A MOTION. BRAGMAN COMMISSIONER BRAGMAN. ALRIGHT, REGARDING CASE NUMBER BO OA DASH TWO THREE DASH 0 3 0 0 2 93, I MOVE TO THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR ONE, A FOUR FOOT, TWO INCH VARIANCE FROM THE FIVE FOOT MINIMUM SIDE SETBACK REQUIREMENT TO ALLOW AN ADDITION TO BE 10 INCHES FROM THE SIDE SETBACK. AND TWO, A THREE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT TO ALLOW A SIX FOOT PRIVACY FENCE IN THE FRONT YARD. SITUATED AT 1259 ELVIRA STREET. APPLICANT BEING, UM, LUCILA RIVAS BECAUSE OF THE TESTIMONY PRESENTED TO US AND THE FACTS WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH A LITTLE ENFORCEMENT OF THE PROVISIONS OF UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY SETBACK REQUIREMENTS TO PREVENT WATER RUNOFF AND ADEQUATE SPACING BETWEEN PROPERTIES. THIS APPEARS TO BE AN ADEQUATE SPACING FROM NEIGHBORING PROPERTIES. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN APPLICANT ADJUSTING THE LOCATION IN THEIR ADDITION TO MEET THE REQUIRED SETBACK MINIMUMS. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE GRANTING THE SIDE SETBACK VARIANCE MAY OBSERVE THE SPIRIT OF THE ORDINANCE AS THE SIZE OF THE PROPERTY, SMALL, PREVENTING THE SIDE, PREVENTING THE SETBACK MINIMUMS TO BE MET. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES THAT THAN THOSE 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 SETBACK DISTANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT ARE THERE. AS THERE ARE SIM SIMILAR STYLE STRUCTURES IN THE IMMEDIATE VICINITY. SIX PLIGHT OF THE OWNER OF THE PROPERTY VERSUS VARIANCE IS SOUGHT AS DUE TO UNIQUE C CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL, ARE NOT DUE TO THE, OR THE RESULT OF GENERAL CONDITIONS IN THE PROPERTY, WHICH THE DISTRICT IN WHICH THE PROPERTY'S LOCATED STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY, WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES. 16 ON THE PROPERTY, SUCH AS LIMITED SPACING ON THE PROPERTY. END OF MOTION. SECOND. SECOND BY COMMISSIONER CRUZ. COMMISSIONER BRAGMAN. UM, I'LL BE IN SUPPORT OF THE MOTION, UH, FOR TWO REASONS. ONE, THERE'S AN AWFUL LOT OF SUPPORT FROM THE NEIGHBORS. UH, TWO, THEY TESTIFIED THAT THEY, THAT THE WALL WAS FIRE RATED AND IT STILL HAS TO GO THROUGH APPROVAL FROM THE CITY BEFORE UM, ANYTHING IS FINALIZED. UM, SO I'LL BE IN SUPPORT OF THE MOTION. ALRIGHT, COMMISSIONER CRUZ? YES, I CONCUR WITH MY COLLEAGUE. I DON'T SEE A PROBLEM WITH THAT AS LONG AS, UH, LIKE SHE SAID, EVERYTHING IS UP TO DATE. THANK YOU. ALRIGHT, IS THERE ANY OTHER COMMISSIONERS WHO'D LIKE TO ADD MAN COMMISSIONER MANNA? YEAH, SO, UM, I AM STRUGGLING [03:55:01] WITH THIS A BIT 'CAUSE UH, THOSE ARE EXTREMELY CLOSE TOGETHER AND, AND I AM DEEPLY CONCERNED ABOUT THE HEALTH AND SAFETY AND WELFARE OF, OF THE NEIGHBORS BOTH SIDES. AND, AND IT, IT DOES CONCERN ME. UM, YOU KNOW, AND, AND KNOWING IT'S GONNA BE FIERY HELPS A LOT, BUT, BUT YIKES. YOU KNOW, SO, SO I'M STRUGGLING A BIT, SO I I WILL BE SUPPORTIVE, BUT, YOU KNOW, BEGRUDGINGLY. SO ANYONE ELSE? I I I'M JUST GONNA ADD THAT I'M, I AGREE WITH COMMISSIONER MANNA. I MEAN THIS IS, IT'S ROUGH. UH, IT'S ONE THING IF IF ONE PERSON'S CLOSE, NOT BOTH, UH, BUT, UM, IF THE CENSUS, SINCE THE NEIGHBOR IS GONNA BE GETTING A CALL FROM CO COMPLIANCE, I'M SURE THEY'RE GONNA HAVE A RATED WALL TOO. MAKES ME FEEL A LITTLE BETTER ABOUT IT. UM, SO WITH THAT, LET'S HAVE A ROLL CALL. VOTE. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER CRUZ. I CONCUR. COMMISSIONER BURTON. I DO NOT CONCUR. COMMISSIONER KAPLAN? I DO NOT CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER ZUNIGA? I CONCUR. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER AVIVAS. I DO NOT CONCUR. COMMISSIONER OZUNA? I CONCUR. CHAIR ORIAN AND I CONCUR. THE FINDINGS OF FACT MOTION FAILS. UH, SEVEN TO FOUR. UM, YOU'RE GONNA HAVE TO GET WITH, OH, I APOLOGIZE. SEVEN, UH, SIX TO FOUR. IS THAT EVERY HOUSE AROUND THERE? THEY'RE ALL CLOSE TO TO EACH OTHER, YES. BUT WE WE'RE CONCERNED ABOUT THE WHAT'S BEFORE US TODAY. AND, AND I'M, AND I APOLOGIZE, BUT IT, YOU KNOW, IT DIDN'T, YOU WEREN'T SUCCESSFUL. IF YOU COULD JUST, UH, TALK TO MIKO. HE CAN ANSWER ALL YOUR QUESTIONS FOR YOU ABOUT WHAT YOU CAN DO AT THIS POINT. OH, THEN WE ALSO HAVE A, UH, VARIANCE FOR THE FENCE. SO, IS ANYBODY LIKE TO MAKE A MOTION FOR THE FENCE? OKAY. COMMISSIONER BRAGMAN, A THE SPECIAL EXCEPTION WILL BE IN A HARMONY WITH THE SPIRIT AND THE PURPOSE OF THE CHAPTER. THE FENCE HEIGHT BEING REQUESTED IS SIX FOOT PRIVACY FENCE ALONG THE EASTERN PART OF THE FRONT YARD. IF GRANTED, STAFF FINDS THE REQUEST WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE. B. THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THESE CRITERIA ARE REPRESENTED BY FENCE HEIGHTS TO PROTECT PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY, THE PRIVACY SENSE FENCE WILL SERVE THE PUBLIC WELFARE AND CONVENIENCE. THREE. THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE FENCE WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT AND ADJACENT PROPERTIES. FURTHERMORE, RESIDENTIAL STRUCTURES ARE ABUTTING THE SUBJECT PROPERTY, WHICH THE FENCE CAN ACT AS A BARRIER. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND THE LOCATION IN WHICH THE PROPERTY FOR SPECIAL EXCEPTION IS SOUGHT. THE ADDITIONAL FENCE HEIGHT IS IN THE FRONT AND WEST PROPERTY LINE DOES NOT APPEAR TO ALTER THE LOCATION FIRST. THE SPECIAL EXCEPTION IS SOUGHT AS SIMILAR STYLE FENCES WERE OBSERVED TO BE IN THE IMMEDIATE SURROUNDING AREA. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE AND ESTABLISHED FOR THE SPECIFIC DISTRICT. THE REQUEST IS SPECIAL EXCEPTION, WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. END OF MOTION. SECOND. SECOND. BY COMMISSIONER CRUZ. COMMISSIONER BRAGMAN. UM, I'LL BE IN SUPPORT OF THIS. UH, STAFF WAS IN SUPPORT AND SO, UH, I DON'T HAVE A PROBLEM WITH IT. I'M, I'LL BE SUPPORTING THE MOTION. ALRIGHT. COMMISSIONER CRUZ. UM, YES. SECOND CONCUR IS MY COLLEAGUE AND I TOO DON'T SEE A PROBLEM WITH OFFENSE. THANK YOU ALL. IS ANYONE ELSE LIKE TO ADD? HEARING NONE. LET'S HAVE A ROLL CALL. VOTE. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER BURTON? YES, I CONCUR. COMMISSIONER KAPLAN? I CONCUR. COMMISSIONER DEAN. I CONCUR. COMMISSIONER ZUNIGA, YOU'RE ON THE FENCE. COMMISSIONER ZUNIGA? YES. COMMISSIONER MANA. I CONCUR WITH THOSE FINDINGS OF FACT. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER ZUNA? YES, I CONCUR. CHAIR ORIAN. AND I CONCUR WITH THE FINDINGS OF FACT. UH, THE EXCEPTION FOR THE FENCE PASSES. SO YOU CAN HAVE THE FENCE. I, UH, PLEASE. AND A, LIKE I MENTIONED EARLIER, PLEASE UH, GET WITH, UH, CAN I, CAN, CAN WE RECONSIDER ON THE FIRST ITEM? UM, YEAH, YOU'RE ON THE PREVAILING SIDE IF YOU WOULD LIKE TO MAKE A MOTION TO RECONSIDER. YES, I'D LIKE, I'D LIKE TO MAKE A MOTION TO RECONSIDER. OKAY. [04:00:01] IS THERE A SECOND? SECOND. SECOND BY COMMISSIONER MANNA. UM, THERE IS A, UM, MOTION TO RECONSIDER. LET'S HAVE A, UM, VOICE VOTE. ALL IN FAVOR SAY AYE. AYE. AYE. AYE. ANY OPPOSED? HEARING NONE. IT'S BACK ON THE FLOOR FOR THE SETBACK. UH, IS THERE A COMMISSIONER WOULD LIKE TO MAKE A MODIFIED MOTION FOR THE SETBACK? UM, YEAH, I THINK, UM, ONE OF THE QUESTIONS WOULD BE IF WHETHER MY COMMISSIONERS WOULD ACCEPT A, UM, THREE FOOT EXCEPTION. SO THE, UH, WALL WOULD BE TWO FEET AWAY FROM THE SIDE. UM, SO THAT WOULD GIVE A LITTLE BIT MORE DISTANCE OR, OR TWO FOOT AND THREE FOOT. SO I, SO I THINK EITHER OF THOSE MAY, MAY FLOAT BETTER ACROSS, WELL, LET'S, LET'S START FOR A MOTION, UH, FOR A, FOR THE TWO FOOT, UM, FOR A THREE FOOT VARIANCE OF THE, TO, FOR IT TO BE TWO FEET. AND WE'LL SEE IF ANYBODY OFFERS A FRIENDLY AMENDMENT. IS THERE A SECOND FOR THAT? SECOND. SECOND BY COMMISSIONER ZUNIGA. UH, THERE IS, UM, ANY DISCUSSION ON THAT? ANY COMMISSIONERS WHO, HOW'S THAT GONNA, HOW'S THAT GOING TO WORK? THEY, THEY WOULD'VE TO MOVE THE WALL OVER SO THEY'D HAVE, SO THE MALL, SO FOR, IT WOULD STILL ALLOW FOR AN ADDITION, BUT THE WALL WOULD HAVE TO BE MOVED. AND SO, SO, SO, UM, AND NOW WE WOULD START TO HAVE, YOU KNOW, THAT FIVE FOOT SPACING IS WHAT I'M LOOKING FOR BETWEEN THE TWO BUILDINGS. AND SO I WOULD FEEL MUCH MORE COMFORTABLE, YOU KNOW, ALONG THAT LINE. HONESTLY. WHERE WOULD THEY NEED THE FENCE? IS THE FENCE. THE FENCE WOULD STAY WHERE IT IS. BUT THE, WE'RE TALKING ABOUT THE SIDE OF THE, THE SIDE OF THE, THE SIDE OF THE, UM, WALL. THE ADDITION WOULD, WOULD NEED TO BE, UH, TWO FEET AWAY. SO THEY'D HAVE TO TAKE OUT A FEW FEET. IT'S PROBABLY PURE AND BEAM. SO IT, YES. WELL, YES. IF THEY NEED SMALLER BRAGG GET THREE. YES. COMMISSIONER BRAGMAN, I HAVE A QUESTION FOR THE APPLICANT. YES, GO AHEAD. WHAT IS THE SIZE OF THE ROOM EDITION? WHAT, WHAT ARE THE MEASUREMENTS OF THE, THE ROOM EDITION THAT WERE ADDED ON THE WIDTH AND THE LENGTH? UM, IT'S 11 BY 25. 11 BY 25. SO MAKE IT EIGHT BY 25. YEAH. SO WE HAVE, THERE'S A MOTION ON THE TABLE FOR, UH, A THREE FOOT VARIANCE OF THE FIVE FOOT SETBACK TO ALLOW THE ADDITION TO BE TWO FEET FROM THE SIDE PROPERTY LINE. IS THERE ANY OTHER COMMISSIONERS THAT'D LIKE TO, UH, ASK FOR, UH, AN AMENDMENT OR, OR HAVE ANY COMMENTARY? NO. ALL RIGHT. SO LET'S HAVE A ROLL CALL VOTE ON THE COMMISSIONER BENAVIDEZ. YEAH, I CONCUR. COMMISSIONER ZUNIGA. I CONCUR WITH THE FINANCE AND FACT COMMISSIONER BURTON. I CONCUR. COMMISSIONER KAPLAN. I CONCUR. COMMISSIONER DEAN. I CONCUR. COMMISSIONER CRUZ. I CONCUR. COMMISSIONER MANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER ZUNA? YES, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. UH, SO THE MOTION PASSES. UH, SO YOU CAN BE UP TO TWO FEET FROM THE SIDE PROPERTY LINE. OKAY. ALRIGHT. MM-HMM. . UM, WE DON'T GRANT THOSE THAT THAT OFTEN, SO I WOULD TAKE IT AND RUN WITH IT. IF YOU HAVE ANY QUESTIONS, YOU CAN TALK TO MIKO OUTSIDE. OKAY. THANK YOU. THANK YOU. I OUT REALLY APPRECIATE IT. IS EVERYTHING OKAY? OKAY. I'M JUST, I'M JUST LOOKING BECAUSE IT, ON THE WINDOWS IT KIND OF LOOKS LIKE WE'RE SHUTTING DOWN OR SOMETHING. ITEM NUMBER 11, THEY WERE GONNA START SHUTTING LIGHTS OFF. WELL THAT WOULD BE, THAT WOULD BE A WAY TO GO. WELL, ALL WE HAVE TO USE HOW MANY PEOPLE HAVE TO LEAVE. SO ITEM NUMBER 11, BO 8 23 1 0 3 0 0 2 9 4. ADDRESS IS ONE 19 PLEASANTON ROAD COUNCIL, DISTRICT FIVE APPLICANT IS MERCEDES HERNANDEZ. A REQUEST FOR ONE, A FOUR FOOT TWO INCH VARIANCE FROM THE FIVE FOOT MINIMUM AND REAR SETBACK REQUIREMENT TO ALLOW AN ADDITION TO BE 10 INCHES FROM THE SIDE SETBACK, REAR SETBACK, AND THEN 800 SQUARE FEET VARIANCE FROM THE MAXIMUM 800 SQUARE FEET TO ALLOW A 1600 SQUARE FEET ACCESSORY DWELLING ZONING. R SIX CASE SUMMARY. THE CENTURY PROPERTY IS LOCATED ALONG PLEASANTON ROAD ON THE SOUTH SIDE OF SAN ANTONIO. THE APPLICANT CONSTRUCTED AN ADDITION WITHOUT A PERMIT UPON CODE INSPECTIONS. IT WAS FOUND TO BE ENCROACHING INTO THE REAR REQUIRED REAR SETBACK BY FOUR FOOT TWO INCHES, AND A ZONING PROPERTY SETBACK VIOLATION WAS FOUND. ADDITIONALLY, THE CONSTRUCTED ACCESSORY DRILLING WAS OVER THE MAXIMUM FOOTAGE ALLOWANCE BY 800 SQUARE FEET, MAKING A TOTAL OF 1600 SQUARE FEET. THIS IS YOUR SITE PLAN, [04:05:01] SUBJECT PROPERTY VIEW FROM PLEASANTON ROAD. SUBJECT PROPERTY VIEW FROM THERESA STREET, THE NORTHERN STREET, AND THE ACCESSORY STRUCTURE AND SIZE. THE REAR SETBACK, THE ALTERNATE VIEW OF THE ACCESSORY STRUCTURE, STAFF RECOMMENDATION, REAR SETBACK VARIANCE AND ACCESSORY DWELLING, UNIT SIZE VARIANCE. STAFF RECOMMENDS DENIAL AND BO OA 2 3 1 0 3 0 0 2 9 4. BASED ON THE FOLLOWING FINDINGS, THE REDUCED SETBACKS WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. TWO, THE ADDITIONAL WILL BE TOO CLOSE TO THE NEIGHBORING PROPERTY CAUSING POSSIBLE ISSUES WITH WATER RUNOFF. NOTIFICATION PLANS STAFF, NO DOUBT, 24 NOTICES, ZERO. RETURN IN FAVOR, ZERO RETURN IN OPPOSITION. AND ST. LEO'S NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. OKAY. QUICK QUESTION. UH, UH, ON THE PICTURE THAT SHOWS THE NUMBER ONE OR THE NUMBER TWO, THAT THAT, UH, PAVED, UH, PARKING AREA BEHIND THE BUILDING, THAT'S, THAT'S PART OF THE, IS THAT, IS THAT SERVING THE SUBJECT PROPERTY OR IS THAT SOMEONE ELSE'S? LOOKS LIKE A STORAGE YARD. I, I, IT MIGHT BE SOMEONE ELSE'S, BUT I'LL VERIFY FOR YOU REAL QUICK. OKAY. BECAUSE THE ZONING LOOKED LIKE IT WAS ALL RESIDENTIAL. I WAS A LITTLE CONFUSED THERE. ALRIGHT. UH, LET'S HAVE THE APPLICANT COME FORWARD. ALL RIGHT. UH, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE, HERNANDEZ. OKAY. GOOD AFTERNOON. THIS IS, UM, WHERE AM I? IS HERNANDEZ HERNANDEZ OKAY. AND HE LIVES IN THE PROPERTY. CAN YOU HEAR ME? AM I CLOSE ENOUGH TO THE MIC? OKAY. ALRIGHT. SO, UM, OKAY. HE'S, WHEN I BUILT THE, I DIDN'T THINK, I DIDN'T WANNA BOTHER ANYBODY. I DIDN'T THINK I WAS GONNA BE BOTHERING ANYBODY. I DID IT FOR OUR FAMILY WHERE WE LIVE. WELL, I'M HERE TO FIND OUT WHAT THE CONSEQUENCES OF, OF MY SITUATION. CORRECT. WHATEVER CAN BE CORRECTED. OKAY. UH, LET ME JUST START BY ASKING A COUPLE QUESTIONS. UH, TO THE SOUTH OF YOUR PROPERTY, THERE'S A PARKING AREA. IS THAT YOURS? IS IT A GARAGE YOU'RE TALKING ABOUT? NO, IT LOOKS LIKE AN, UH, AN OPEN AREA. IF YOU LOOK ON THE SCREEN, IT'S HIS SON'S PROPERTY. OKAY. HE JUST GOT IT. HE JUST ACQUIRED IT. OKAY. I WAS JUST WONDERING IF IT WAS A, UH, A PARKING USE FOR WHAT WAS CONSTRUCTED ON YOUR LAND. YES, HE'S GOING, HE WANTS TO USE IT AS PARKING FOR THAT. OKAY. OKAY. ARE THERE, ARE THERE ANY QUESTIONS FROM THE COMMISSION FOR THE APPLICANT? OH, Z COMMISSIONER ZUNA. SO THAT I AM I'M UNDERSTANDING CORRECTLY, THE STRUCTURE WITH THE BROWN ROOF, THAT IS THE PRIMARY USE, RIGHT? AND THEN THE STRUCTURES WITH THE GRAY ROOF ON THE YES, IT IS. THE GRAY ROOF IS ALL, THAT'S ALL THE ACCESSORY DWELLING UNITS. RIGHT. IS THAT WHAT ISSUE BECOMES, BECAUSE THE NUMBERS ONE AND TWO ARE GREATER THAN OR EXCEEDS THE, UH, SQUARE FOOTAGE ALLOWANCE UNDER THE ACCESSORY DWELLING UNIT ORDINANCE? IS THAT WHAT ORDINANCE, IS THAT WHAT THE CASE IS? RIGHT. THEY CAN'T BE OVER 800. RIGHT. BECAUSE THEY'RE ON THE SAME PIECE OF PROPERTY. THEY'RE INCLU, IT'S INCLUDED AS A ACCESSORY DWELLING UNIT. MM-HMM. . OKAY. UNDERSTOOD. THANK YOU. MANNA COMMISSIONER MANNA. SO, SO LOOKING AT, UM, IF WE, IF WE LOOK OVERHEAD ON THE PICTURE, SO I'M TRYING TO DETERMINE IF A NEW BUILDING WAS BUILT THERE AND WE'RE, OR WE'RE JUST LEVERAGING IT, KNOW. 'CAUSE WE SHOW A PICTURE HERE ON THE REAR SETBACK AND JUST TRYING TO UNDERSTAND ITS LINE VERSUS A NEIGHBOR'S LINE AND IF ANYTHING CHANGED. SO, SO I'M JUST TRYING TO UNDERSTAND THE DIFFERENCE OR WHAT CHANGED ON THE PROPERTY IF, IF ANYTHING AT ALL, [04:10:04] HE REMODELED THE, THE STRUCTURE THAT WAS THERE AND THEN HE ADDED TO IT WHERE YOU HAVE THE GARAGE. OKAY. HE'S TALKING ABOUT, OKAY. UH, HE'S SAYING THAT FROM THE DOOR TO THE RIGHT IS WHAT HE ADDED ON TO THE, WHAT WAS THERE. SO HE, HE ADDED THAT PART. HE CONSTRUCTED BASICALLY A, A, A CAR. IT'S A CARPORT WITH A, WITH A DWELLING AREA ABOVE IT. OKAY. THE WINDOW. OKAY. UH, HE'S, THE TOP PART IS THE BEDROOM, HE SAYS, AND THEN THE, THE, THE BOTTOM PART WHERE THE DOOR IS, THAT'S THE KITCHEN. THAT'S IT. AND SO THE, IT'S ACCESSED FROM THE INSIDE OF THE HOME. THERE'S NOT AN EXTERIOR STAIR. NO, I, YES, YOU'RE RIGHT. SO, OKAY, SO, SO THE STAFF IS FLOATING BETWEEN TWO PICTURES HERE. UM, AND SO THAT, SO THAT STRUCTURE THERE. PERFECT. OKAY. BACK UP. BACK UP. GO BACK TO THE PICTURE YOU JUST HAD, THERE WE GO. THAT'S A GREAT PICTURE. AND SO, UM, SO THE STRUCTURE, THE STRUCTURE THAT PREVIOUSLY EXISTED WAS THE ONE HERE TO THE LEFT AND YOU ADDED THE UPPER STORY ON THE RIGHT. CORRECT. OKAY. BOTH THE LOWER LEVEL AND THE UPPER, THE ONE ABOVE THE, THE CARPORT HE DID FROM THE DOOR ACROSS TO THE CARPORT AND THEN ABOVE THE CARPORT IS WHAT HE CONSTRUCTED. SO WE HAVE TWO ISSUES. ONE IS A SIDE SETBACK. OKAY. THE SECOND IS THE FACT THAT, THAT COLLECTIVELY THE STRUCTURE IS TOO BIG. OKAY. AND SO WHEN HE ADDED ON 1600 SQUARE FEET, I'M TRYING TO SEE HOW YOU GET TO 1600 SQUARE FEET WITH IS THIS LITTLE ADDITION, HOW OLD, HOW OLD WAS THE PREVIOUS STRUCTURE HE ADDED ONTO? SHE SAID HE WAS VERY OLD. HE DOESN'T KNOW HOW OLD IT WAS. ARE WE TALKING 10 YEARS? HE'S BEEN LIVING THERE FOR 26 YEARS AND IT WAS ALREADY THERE. OKAY. STAFF DOES, DOES, UH, I KNOW HE DID A SMALL ADDITION TO AN EXISTING STRUCTURE, BUT IF THE, IF WHAT HE ADDED ONTO WAS AN EXCESS OF 800 SQUARE FEET, IF IT'S OVER 26 YEARS OLD, DOES THAT AFFECT ANYTHING? UM, BECAUSE HE PUT THAT, UM, WE UNDERSTAND THAT IT WAS AFTER AROUND 2011 AT LEAST. SO IT'S, IT'S BEEN A WHILE. UH, SO WE RECOGNIZE IT'S NOT A RECENT THING, BUT BECAUSE HE ADDED THAT SECOND STORY, CHANGING THAT CONFIGURATION OF THE GARAGE INTO THE ACTUAL HOUSE, UM, THAT'S WHAT MADE IT THE ACCESSORY STRUCTURE IN THE ADDITION. IF HE GOT RID OF THAT SECOND STORY PORTION AND THE REST OF THE HOME STILL WAS IN EXCESS OF 800 SQUARE FEET, WOULD HE HAVE A PROBLEM OR WOULD HE BE CONSIDERED EXISTING AT THAT POINT? I THINK WE CONS, WE WERE CONSIDERED AS A NON-CONFORMING BECAUSE IT SEEMS LIKE HISTORICALLY THAT WAS THE CONFIGURATION. OKAY. UM, I JUST WANTED TO MAKE SURE THAT PUT THAT OUT THERE. OKAY. SO WHAT YOU'RE SAYING IS THAT IF, IF, IF HE, UH, TOOK DOWN THE CARPORT AND THE STRUCTURE ABOVE IT WELL, THAT HE COULD HAVE. SO WE HAVE, LIKE I SAID, TWO ISSUES. UHHUH , THE SIDE SETBACK. SO A CARPORT STILL HAS A SIDE SETBACK ISSUE. MM-HMM. . BUT THE OTHER ISSUE IS THAT YOU CAN'T EXCEED 800 SQUARE FEET COLLECTIVELY OKAY. FOR THE STRUCTURE. OKAY. BUT IF HE REMOVES THE, THE SECOND STORY BEDROOM MM-HMM. . AND HE TAKES IT BACK TO WHAT IT HISTORICALLY HAS ALWAYS BEEN. MM-HMM. IT WOULD BE AN APPROVED NON-CONFORMING USE. OKAY. AND IT, AND SO THAT'S, THAT'S JUST OKAY. SOMETHING [04:15:13] HE SAYS HE CAN DO THAT HE CAN REMOVE THE CARPORT AND THE BEDROOM ABOVE IT, THE CARPORT. HE JUST HAS TO REMOVE THE BEDROOM COMPONENT. OKAY. SHE'S ALL RIGHT WITH THAT. OKAY. SO IS THERE ANY COMMISSIONER QUESTIONS? ANY, ANYTHING ANYONE WOULD LIKE TO ASK OR ADD? UM, SO FOR PUBLIC COMMENT, I THINK WE HAVE, UH, WE RECEIVED ONE LATE LETTER FROM THE NEIGHBOR ON ONE 12 THERESA MM-HMM. , UM, SAYING THAT SHE'S OPPOSED, UH, THERE WAS NO COMMENT WRITTEN. SHE JUST INDICATED THAT SHE WAS IN OPPOSITION. OKAY. AND THAT'S WHAT TURNING RIGHT, THAT'S SEE THE BUDDY NEIGHBOR. YEP. SO, UM, YES, SIR. CAN ASK, DID WE, AND HAS ANYBODY SIGNED UP TO SPEAK? NO PUBLIC COMMENT BESIDES THE LAY LETTER. I HAVE SOMEBODY ON THE GALLERY THAT WOULD LIKE, GO AHEAD AND COME ON UP. IT'S ALRIGHT. I'M GONNA GIVE YOU A QUICK MINUTE. NORMALLY YOU HAVE TO HAVE, BE SIGNED UP, BUT IF, IF Y'ALL COULD JUST ADD, YOU KNOW. OKAY. I'M, UH, YEAH. I'M MARIO RICO. THIS IS MY AUNT. UH, SHE'S THE ONE WHO OCCUPIES THE HOME. WE'VE BEEN THERE, OR IT'S BEEN IN OUR FAMILY FOR OVER A HUNDRED YEARS. OKAY. UH, THE PROPERTY THAT YOU GUYS WERE IN QUESTIONING ABOUT, UH, THE PARKING THAT WAS ALSO OURS. BUT ANYWAYS, WE'RE NOT HERE TO DISCUSS THAT. WHAT WE'RE HERE TO DISCUSS IS THE FACT THAT HE BUILT, SHE TOLD HIM NOT TO BUILD, I WAS IN THE NAVY. I COULDN'T BE HERE . SHE ASKED HIM NOT TO BUILD, SHE TOLD HIM TO GET PERMITS. UNFORTUNATELY, HE DIDN'T DO THAT. NOW I'M HOME, NOW I'M HANDLING THIS STUFF NOW I'M HAVING TO DEAL WITH IT. AND YOU'RE INHERITING YOU'RE GONNA BE THERE. YES. 'CAUSE I'M GONNA BE THE ONE INHERITING IT. UM, MY QUESTION WAS, IT USED TO BE A BAR. OKAY. UNTIL THE EARLY EIGHTIES. DID THEY ZONE IT, REZONE IT FROM COMMERCIAL TO, UH, RESIDENTIAL? THAT'S SOMETHING I DON'T KNOW. THAT NEEDS TO BE ADDRESSED AS WELL TOO. SO THAT'S OUR CONCERN. IT WAS, IT WAS TOO CLOSE. SO WHEN WE, WHEN I SUBMITTED THE COMPLAINT WAS BECAUSE THE NEIGHBORING PROPERTY WHERE I BELIEVE HIS SON WAS BUILDING OR CONSTRUCTING RIGHT UP AGAINST THE FENCE LINE. AND SO THEN THEY WENT, HI. THEY ASKED HIM TO REMOVE ALL THAT AND SO THEY DID. SO THAT'S WHERE WE'RE AT. WE'RE HERE TODAY. YEAH. ALL RIGHT. THANK YOU VERY MUCH. MANANA. SHORT, SWEET. TWO POINTS. QUESTION. HOLD ON. HOLD ON, SIR. SIR, COME BACK UP. MAKE SURE MANNA. SO, SO YOU, YOU LIVE AT ONE 12 OR YOU'RE REPRESENTING ONE 12? I'M REPRESENTING, SHE LIVES AT ONE 12. AND SO, SO PART OF THE DIALOGUE WAS, UM, YOU KNOW, MOVING, REMOVING THE UPPER STORY BUT STILL ALLOWING THE CARPORT TO BE WHERE WAS WHERE IT'S BEEN HISTORICALLY. RIGHT. IS THAT, IS THAT OKAY FROM YOUR PERSPECTIVE? IS THAT OKAY WITH YOU? YES. YEAH. YEAH. ALRIGHT. PERFECT. THANK YOU. ALL RIGHT. SO IF THERE'S, IF THERE'S NO MORE QUESTIONS, I'M LOOKING FOR A MOTION. UH, AND WE'VE HEARD TESTIMONY THAT RE THAT THIS COULD BE THE SITE SET BACK, UH, WITHOUT AND, AND NOT APPROVING THE ACCESSORY WOULD GET US TO WHERE EVERYBODY WOULD SEEM TO BE HAPPY. I THOUGHT THEY SAID IF THEY REMOVE IT, THERE'S A NINTH AND FOUR. NO, NO, YOU JUST ON THE SIDE SET BACK, BUT THEN IF YOU DON'T DO THE, THEN GET RID OF IT. YES. COMMISSIONER MANNA REGARDING CASE NUMBER BO 8 2 3 1 0 3 0 0 2 9 4, I MOVE THE BOARD OF ADJUSTMENT GRANDER REQUEST FOR A FOUR FOOT TWO INCH VARIANCE FROM THE FIVE FOOT MINIMUM SIDE SETBACK REQUIREMENT TO ALLOW AN ADDITION OR THE, THE CARPORT STRUCTURE TO BE 10 FEET FROM THE REAR SETBACK, UM, SITUATED AT 1 1 9 PLEASANTON ROAD, APPLICANT BEING MERCEDES HERNANDEZ. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LAW ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST IN THIS. IN THIS CASE, THE PUBLIC INTEREST REPRESENTED BY SETBACK REQUIREMENTS, UM, UM, WILL PREVENT WATER RUNOFF AND ADEQUATE SPACING BETWEEN PROPERTIES. THIS APPEARS TO BE ADEQUATE SPACING FOR THE NEIGHBOR PROPERTIES. UM, AND THE A CARPORT IS, UH, APPEARS TO BE IN CHARACTER WITH THE AREA TWO, DUE TO SPECIAL CONDITIONS THAT LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN NECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT ADJUSTING THE LOCATION OF THE CARPORT AS WELL AS DOWNSIZING SQUARE FOOTAGE OF THE SAID CARPORT. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE GRANTING OF THE REAR SETBACK VARIANCE, UM, MAY OBSERVE THE SPIRIT OF THE ORDINANCE AS THERE ARE SIMILAR, SIMILAR DESIGN, UH, CARPORTS LOCATED, UH, IN THE AREA. FOUR. THE VARIANCE WILL NOT AUTHORIZE [04:20:01] THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH HIS VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT, WHICH IS PROPERTY IS LOCATED. UH, THE REDUCED REAR SETBACK APPEARS TO BE APPROPRIATE, MAY NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX, APPLY TO THE OWNER FOR THE PROPERTY PURCHASE. APPEARANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES ON THE PROPERTY. UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OR THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT, WHICH IS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON PROPERTY SUCH AS LIMITED SPACING ON THE PROPERTY. AND THE MOTION. SECOND. SECOND BY CRUZ. THE ONLY ONE LITTLE THING IS MR. MANUS IS 10 FEET AND IT'S 10 INCHES. OH, GOOD CATCH. OKAY. YOU MEANT TO SAY INCHES. OH, SO I DID READ IT AS WRITTEN AND IT IS 10 FOOT, SO I'M SORRY IT DIDN'T CHANGE ANY OF THE DIMENSIONS. CORRECT. BUT JUST, YEAH, I READ IT, IT AS WRITTEN, SO I APOLOGIZE. THANK YOU FOR CATCHING THAT. ALRIGHT, COMMISSIONER MANNA. YEAH. UM, I BELIEVE WHEN YOU FIRST INTRODUCED THE MOTION, YOU SAID SIDE SETBACK, BUT I WANNA CLARIFY, IT'S THE REAR SETBACK WE'RE TALKING ABOUT. IT'S, IT, IT IS ADDRESSES ON PLEASANTON ROAD, SO IT WOULD BE TECHNICALLY CONSIDERED THE REAR SETBACK. SO I, AGAIN, I'LL, I'LL ACCEPT THE FRIENDLY MOTION AS I'VE READ IT AS IT'S WRITTEN, BUT YES, I CONCUR WITH YOUR FINDING AS WELL, SO THANK YOU. ALRIGHT, SO WE HAVE, UH, ANY COMMENTARY? COMMISSIONER AMANDA? SO, YEAH, SO I THINK, UM, YOU KNOW, LOOKING AT, UM, YOU KNOW, FROM A NON-CONFORMING USE PERSPECTIVE AND JUST BASICALLY SETTING, UM, SETTING IT, UM, AS PREVIOUSLY, UM, BUILT, UH, FROM 2011, I THINK THAT THE MOTION HAS READ, YOU KNOW, BASICALLY JUST SOLIDIFIES THAT AND, AND THEN WITH THAT, UH, BECAUSE OF THAT I'LL BE ACCEPTING AS MODIFIED AND ADJUSTED PER MY FELLOW COMMISSIONERS . ALL RIGHT, COMMISSIONER KAPLAN. I AGREE. ALL RIGHT. ANYONE ELSE HEARING WE KNOW? LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER MANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER KAPLAN, COMMISSIONER BARTON. I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ. I CONCUR. COMMISSIONER ZUNIGA I CONCUR WAS A FACTS OF FACT. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER UNA? YES, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. ALL RIGHT, I JUST, I JUST WANNA MAKE SURE THERE WAS NO AMENDMENT TO THE REQUEST, RIGHT? NO, IT WAS JUST SIMPLY, UH, UH, UH, GRAMMATICAL AND, AND, BUT IT WAS, YOU KNOW, INCHES TO, UH, REAR FRONT. GOTCHA. UH, REAR SIDE SETBACK. THANK YOU. ALL RIGHT, GREAT. UH, ITEM NUMBER 12. ITEM NUMBER 12 BO 8 23 1 0 3 0 0 2 9 5. ADDRESS IS 6 0 6 RE STREET COUNCIL DISTRICT FIVE APPLICANT IS ROBERTO RODRIGUEZ. A REQUEST FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT TO BE ONE INCH FROM THE SIDE SETBACK. THE ZONING IS R THREE CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED IN THE INTERSECTION OF NORTH COLORADO STREET AND RE STREET, SURROUNDED BY SINGLE FAMILY DWELLINGS AND COMMERCIAL U USES. NEARBY THE PROPERTY OWNER BUILT AN ATTACHED CARPORT WITHOUT A PERMIT AND WITHIN ONE INCH OF THE SIDE PROPERTY LINE, THERE IS APPROXIMATELY 11 FEET BETWEEN THE STRUCTURE AND THE SIDE PROPERTY LINE. WHILE CONDUCTING SIDE VISITS, STAFF FOUND TWO CARPORTS IN THE IMMEDIATE AREA WITH THE SAME REDUCED SETBACK. HOWEVER, ONE OF THEM WILL REQUIRE BOA VARIANCE AS IT WAS BUILT AFTER 2019. ACCORDING TO THE DATED STREET VIEW PHOTOGRAPHY SITE PLAN, THE VARIANCE, THE SUBJECT PROPERTY, THE SIDE SETBACK, THE CARPORT NEXT DOOR, AND A CARPORT ACROSS THE STREET AND YOUR SURROUNDING AREA. STAFF RECOMMENDATIONS SIDE SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO OA 23 1 0 3 0 0 2 9 5. BASED ON THE FOLLOWING FINDINGS, WATER RUNOFF CAN SIGNIFICANTLY ALTER THE USE OF THE RESIDENTIAL HOME, ABUTTING THE SUBJECT PROPERTY. AND TWO, THE REQUESTED VARIANCE WILL LEAVE ALMOST NO SPACE BETWEEN STRUCTURE AND ABUTTING. PROPERTY NOTIFICATION PLAN STAFF MAILED OUT 25 NOTICES. ZERO. RETURN IN FAVOR, ZERO RETURN IN OPPOSITION. GARDENDALE NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. AND WEST HOPE ACTION NEIGHBORHOOD ASSOCIATION ALSO DID NOT RESPOND. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. ALL RIGHT, AND JUST TO CLARIFY, THIS IS [04:25:01] A 77 FOOT LONG CARPORT, 77 FEET. AM I READING THAT RIGHT? 77 FEET. 77 BY 12. I THINK IT WAS ON ONE OF THE ATTACHMENTS. SO WE WILL DOUBLE CHECK RIGHT NOW. OKAY. LET'S HAVE THE APPLICANT COME FORWARD. YEAH, THAT'S WHAT I'M TALKING ABOUT. HI, UH, PLEASE. UH, MY NAME IS JUAN ANTONIO R ROMERO. THANK YOU. I MY FATHER. ALL RIGHT. TELL US ABOUT YOUR CARPORT. OKAY. WE, WE CAME TO, UH, WE COME TO SEE WHAT, WHAT, WHAT YOUR DECISION IS GONNA BE ABOUT THE CARPORT AND THE PROBLEM WE WANTED, WELL, THEY WANNA KNOW HOW THE CASE CAME TO YOU WAS SAN COMPLIANCE? YES. THIS WAS CO COMPLIANCE, SO THERE WAS A CO COMPLIANCE NOTICED IT. OKAY. HE SAYS THAT, UM, UH, THEY DIDN'T GET THE, THE PERMIT BECAUSE HE DIDN'T HAVE THE MONEY FOR IT, AND THAT THE MATERIALS THAT HE USED WERE GIVEN TO HIM TO DO IT. OKAY. HE REALIZES IT WAS A MISTAKE TO DO IT THIS WAY, BUT, SO HERE WE ARE. HE SAYS THIS HOUSE IS A HUNDRED YEARS OLD. HE SAYS THAT, UH, IT, THE, THE MEASUREMENTS OF THE HOUSE WOULD, UH, IF IT, HE HAD TO DO THE SETBACK THAT HE, THAT THEY'RE SUPPOSED TO, THAT HE WOULDN'T HAVE ROOM FOR A CAR. OKAY. SO I'M GONNA ASK A COUPLE QUESTIONS. UH, SO WE HAVE A SITE PLAN SUBMITTED AND IT SHOWS THE CARPORT IS 12 FEET WIDE. OKAY. SO, BUT IT'S, IT'S 10 FEET CLEAR WITH TWO FEET FOR SUPPORT POSTS. IS, ARE THE SUPPORT POSTS REALLY TWO FEET WIDE? THAT SEEMS HUGE. LOOKS LIKE IT'S, LOOKS LIKE A FOUR BY FOUR. UH, NO. NO. OKAY. HE'S SAYING THAT, THAT IT'S, UH, THAT THE, THE, THE CARPORT IS 11 FEET WIDE. THAT IT'S 12 FEET TO THE EDGE OF THE, TO THE EDGE OF THE PROPERTY. AND THEN, OKAY. AND THEN IS IT 77 FEET LONG? YES. IT'S 77 FEET AND IT'S TWO FEET FROM THE, UM, BACK, UH, EDGE OF THE PROPERTY. SO WE'RE, SO I'M GONNA, I'M JUST GONNA TALK TO YOU FOR A SECOND ABOUT OKAY. ISSUES BEFORE US. OKAY. AND SO THE MAIN ISSUE HERE IS THAT THE, IT'S A VARIANCE FOR A CARPORT TO BE ONE INCH FROM THE SIDE. AND WE'RE HEARING THAT IT'S THE HOUSE IS 12 FEET FROM THE PROPERTY LINE. MM-HMM. . AND YOU NEED MAYBE 10 FEET FOR A CAR. MM-HMM. . CAN THIS, CAN THE POST BE MOVED OVER TO GET IT A LITTLE FURTHER AWAY FROM THE PROPERTY LINE AND STILL GIVE YOU THE 10 FEET HAS 12 FEET? IT LOOKS LIKE. WHAT HE HAS IS HE SAYS THAT IF HE DOES THAT, THE CARS IN, UH, THAT ARE PARKED IN THERE WILL NOT BE ABLE TO OPEN THEIR DOORS. OKAY. THE PICTURE STAFF PLEASE BRING UP THE PICTURE, WHICH SHOWS, UH, THE CARPORT. THERE'S A RED TRUCK IN THE PICTURE. OKAY. ZOOM [04:30:01] INTO THE, THE TRUCK AND THE, THERE YOU GO. SO THERE IS A CONCRETE CURB THAT COMES UP. AND HOW FAR IS THAT CURB FROM THE HOUSE? IS THAT 10 FEET OR 12 FEET? IT'S 12 FEET, HE SAYS. OKAY. AND THEN, UH, THIS, THIS BOARD CAN, IF WE DO APPROVE A SIDE SETBACK, WE CAN SET A, A LOCATION OF WHERE IT'S ALLOWED. MM-HMM, . SO THE BOARD MAY NOT BE, UH, IN FAVOR OF IT BEING THAT LONG. MM-HMM, , UH, HOW LONG? THE 77 FEET YOU'RE TALKING ABOUT? YEAH. I MEAN, HOW LONG IS, IS NECESSARY? CAN YOU ASK? HE HAS THREE CARS HE WANTS TO PARK THERE. WELL, HE MAY NOT GET TO, UH, IF WE HAVE ONE OR TWO PEOPLE WHO DON'T AGREE WITH THIS. OKAY. YEAH, I MEAN, IT'S, HE SAYS THAT HAVE, HE HAS 10 MORE FEET TO GET TO THE STREET. WELL, IT HAS TO BE SO FAR AWAY FROM THE STREET TOO, BUT I'M SAYING WE MAY, THIS BOARD MAY CONSIDER A, IF WE DO CONSIDER A SIDE SETBACK, WE COULD, WE COULD CONSIDER 20 FEET, 40 FEET ALL THE WAY DOWN TO 77. BUT YOU STILL HAVE TO HAVE NINE PEOPLE VOTE FOR IT. SO WE'RE JUST LOOKING FOR A NUMBER TO SHOOT FOR. HOW MUCH SHORTER WOULD YOU WANT IT TO BE? IT'S NOT WHAT I WANT. OH, WHAT IT WOULD ACCEPTABLE. OKAY. WELL, WE'RE ASKING, WE'RE ASKING, HE WANTS TO KNOW HOW MUCH IT WOULD IF TWO CARS WOULD BE 40 FEET. HE'S SAYING THAT, UH, HAILSTORMS, UH, HE WANTS TO HAVE A COVERING FOR ALL THREE CARS. OKAY. SO IS THERE ANY COM UH, QUESTIONS FROM THE COMMISSION? COMMISSIONER KAPLAN? OKAY. ANOTHER THING THAT WE WORRY ABOUT IS WATER RUNOFF, WHICH WOULD MEAN THAT WE WOULD BE ASKING FOR GUTTERS. AND THE GUTTERS TAKE WHAT? SIX INCHES. OKAY. SO, SO WOULD YOU BE WILLING TO PUT GUTTERS IN AND THEREFORE YOU WOULD REALLY HAVE TO MOVE YOUR POSTS IN IN ORDER TO ACCOMMODATE THAT? SEE THE COR IT, IT'S CORRUGATED UP. IT'S NOT FLOWING THAT WAY. I DON'T KNOW THAT GOOD. OR SOME CATCHING 70 FOOT HE'S SHOWING. UM, YEAH, IT'S WATER. WATER RUNOFF. IT FALLS TO THE FRONT OF THE GARAGE, NOT TO THE SIDE. IT'S 77 FEET LONG. THIS THING WOULD HAVE TO BE TILTED UP TO SHE HAS, HE SAYS IT'S INCLINED. OKAY. IT IS IT IN THE MIDDLE AND IT FLOWS FRONT AND BACK. GO LIKE THAT. OKAY. OKAY. I CAN PUT, YEAH, SEE THAT, THAT VIDEO SHOWS, HE SAYS HE COULD PUT TWO GUTTERS. NO, THAT'S, I SEE WHAT'S HAPPENING. IS THERE ANY QUESTIONS? ANYONE ELSE? OKAY. IS THERE ANYTHING YOU'RE, ANY I, UH, OH, IS THERE ANY PUBLIC COMMENTARY? ANYONE SO TO THIS SPEAK? NO PUBLIC COMMENT. OKAY. SO IS THERE ANYTHING ELSE YOU'D LIKE TO TELL US? NO. YEAH, WE SAW THE VIDEO. COMMISSIONER KAPLAN, HE SAID THAT HIS NEIGHBOR TOLD HIM THAT HE DIDN'T HAVE A PROBLEM WITH THAT OR THE WATER RUNOFF. WELL, WE NEED THINGS. WE, WE NEED ITEMS IN WRITING. OKAY. YOU KNOW, SO, BUT THE VIDEO IS HELPFUL. 77 FEET. DOES IT GO TO THE BA? HOW FAR FROM THE ADJACENT LOT? HOLD ON A SEC. YEAH, WE, WE, WHAT, WHAT'S HAPPENING RIGHT NOW? I, I WAS TELLING HIM WHAT YOU SAID ABOUT IT HAD TO BE IN WRITING AND HE SAID HE COULD BRING IT. WELL, WE'RE HERE RIGHT NOW. YES. SO COMMISSIONER KAPLAN HAS A QUESTION. YES, MA'AM. OKAY, SO IT'S 77 FEET, UH, LONG. DOES IT TOUCH THE ADJACENT PROPERTY? DOES IT GO ALL THE WAY TO THE, WHAT? DOES IT GO TO THE, DOES IT GO TO THE ADJACENT PROPERTY? TOUCH THE ABUTTING PROPERTY ON, I DON'T KNOW WHAT THE NAME OF THAT STREET IS, THE 77 FEET LONG. DOES IT TOUCH THE PROPERTY IN THE BACK? IS THAT WHAT HE SAID? THERE'S A, IT'S ABOUT TWO FEET [04:35:01] SEPARATED FROM THERE. SO STAFF, THAT'S AN ISSUE TOO, RIGHT? YEAH. WHEN WE DID SITE VISITS, YEAH. I THOUGHT WE MEASURED AT LEAST THREE FEET, WHICH IS WHAT THEY REQUIRE. AS LONG AS THEY DON'T HAVE ANY OVERHANG PAST THAT. OKAY. BUT YEAH, THAT IS AN ISSUE. HE CAN'T BE CLOSER THAN THREE FEET. ALL RIGHT. SO I, I, I THINK I'M COMPLETELY, UH, HEARD ENOUGH. UM, I FEEL PRETTY CONFIDENT ABOUT WHAT'S BEFORE US. UM, AND IF THERE'S ANYBODY WHO WOULD LIKE TO MAKE A MOTION KNOWING THAT, YOU KNOW, THEY'RE, THEY'RE TWO OR THREE FEET AWAY FROM THAT BACK PROPERTY LINE AS FAR AS A DISTANCE. MANNA COMMISSIONER MANNA REGARDING CASE NUMBER BOA 2 3 1 0 3 0 0 2 9 5, I MOVED THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW CARPORT TO BE ONE FOOT FROM THE SIDE SETBACK NO LONGER THAN 40 FEET, SITUATED AT 6 0 6 REESE STREET, APPLICANT BEING, UH, ROBERTO RODRIGUEZ. BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER, THIS PROPERTY IS SUCH THAT THE LAW ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THE PUBLIC INTEREST IS REPRESENTED BY MINIMUM SIDE SETBACK REQUIREMENTS AS THEY ENSURE THE CARPORT IS POSITIONED A SAFE AND SUITABLE DISTANCE FROM PROPERTY LINES. STAFF FOUND TWO CARPORTS IN MEDIA, THE AREA WITH THE SAME REDUCED SETBACK. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF HAS FOUND SPECIAL CONDITION WHICH WOULD RESULT IN UNNECESSARY HARDSHIP. THIS IS LIMITED ROOM FOR CARPORT DUE TO THE SMALL LOCK CONFIGURATION, UH, THE SETBACK CENTERS CANNOT BE MET. THREE, BY GRANTING THE VARIANCE TO SPARE THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE INTENT OF THE FIVE FOOT SIDE SETBACK WITH THE OPTION OF HAVING THE OVERHANG OF THE THREE FOOT IS INTENDED TO LEAVE SUFFICIENT SPACE BETWEEN STRUCTURE AND ABUTTING PROPERTIES. THE REQUESTED VARIANCE LEADS ALMOST NO SPACE BETWEEN STRUCTURE AND THE PROPERTY. LINE FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE. OTHER, THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH IS VARIANCE, IS LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THIS PROPERTY IS LOCATED. IT. GRANTED, THE ADDITION WILL MAINTAIN A ONE INCH SIDE SETBACK FOR THE 40 FOOT MENTIONED, WHICH WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX, APPLY TO THE OWNER OF PROPERTY FOR WHICH THE VARIANCE ASAD IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN ITS DISTRICT IN WHICH HIS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH A VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. PROPERTY WAS ESTABLISHED AS A SMALLER LOT, WHICH BRINGS WITH, WITH THAT CERTAIN STRUCTURES SUCH AS CARPORTS, UNABLE TO BE BUILT. AND A MOTION WELL BEFORE YOU, UH, MR. MADA, YOU SAID ONE, ONE FOOT. IT SHOULD BE ONE INCH VARIANCE AGAIN, I'M SORRY. IT'S OKAY. IT'S BEEN A LONG DAY. ONE INCH. YES. AND COMMISSIONER CRUZ. COMMISSIONER CRUZ, WHO'S THE SECOND ALSO TWO THAT, UH, HE HAS AGREED TO PUT IN, UH, ADDITIONAL GUTTERS. WELL, THE, THE IT'S CORRUGATED FRONT TO BACK THE GUTTERS WOULDN'T BE YEAH, I SAW NO NEED FOR THE GUTTERS, BUT PERSONALLY, SO THAT'S WHY I, THAT'S WHY I WANNA MAKE SURE. THANK YOU. BUT THANK FOR, FOR MENTIONING THAT. OKAY. WHO'S THE SECOND ON THIS? I'LL SECOND. SECOND BY COMMISSIONER KAPLAN. I'D LIKE TO OFFER A FRIENDLY AMENDMENT TO GIVE HIM 45 FEET LONG ONLY BECAUSE THAT WAY HE CAN WALK BETWEEN THE CARS AND ME. THAT'S FINE. I ACCEPT THAT MOTION. KAPLAN. OKAY, SO IT'S, THE MOTION IS NOW LI UH, CARPORT LIMITED TO 45 FEET LONG. ALRIGHT. SO IS THERE, UH, COMMISSIONER MANNA? SO, YEAH, SO LOOKING AT THE SIZE OF, OR THE LENGTH OR THE SIZE OF THE, UH, PRIMARY STRUCTURE, UM, THE, UM, 45 WOULD BE COMPLIMENTARY TO THAT AND, AND NOT EXTEND OVER THAT AS MUCH AS IT'S CURRENTLY BEEN BUILT. AND SO I THINK THAT'S MORE APPROPRIATE FOR THAT COMMUNITY. AND SO WITH THAT MOTION, I'LL BE ACCEPTING IT. COMMISSIONER KAPLAN? I AGREE. DID YOU NEED TO MENTION THE DIRECTION OF THE 45 FEET FROM, YOU KNOW, LIKE, IS IT GONNA BE X NUMBER OF FEET AWAY FROM THE BACK PROPERTY LINE OR JUST 45 FEET ANYWHERE HE WANTS IT? YEAH, IT, SO IT'S, IT'S, I I WASN'T UNDER THE IMPRESSION IT WOULD BE 45 FEET LONG, SO LONG AS IT, IT DIDN'T, IT DIDN'T MEET VIOLATE ANY SETBACK REQUIREMENTS. YES, THAT WOULD BE TRUE. YEAH. ALRIGHT. SO IF THERE'S ANY OTHER COMMENTARY FROM ANY COMMISSIONERS, LET'S HAVE A ROLL CALL. VOTE. WAIT, CAN, HE CAN BUILD IT LONGER THAN 45 FEET? AS LONG AS HE DOESN'T, UH, SETBACKS, RIGHT? NO, THE, THE MOTION WAS LI RIGHT NOW IT'S 77 FEET LONG. WE WANTED TO LIMIT IT TO 45 FEET LONG, UNLESS YOU DIDN'T HAVE A PROBLEM WITH THE 77 FEET. I THINK WHAT, UH, COMMISSIONER IS STATING IS THAT IF HE MADE IT ONLY SIX FOOT WIDE, UM, HE WOULD BE ABLE TO RENT THE FULL, UH, LENGTH OF THE, OF THE PROPERTY. IS THAT WHAT YOU'RE, IS THAT WHAT YOU'RE GETTING? IF HE LET THE, IF HE'D LET THE FIVE FOOT, [04:40:01] UM, SETBACK ON THE SIDE, IF HE BUILDS WITHIN, IF THIS, IF IT'S 70, I JUST DON'T UNDERSTAND HOW WE'RE ABLE TO LIMIT THAT 45. WHAT WE'RE, WHAT WE'RE DOING IS WE'RE LIMITING THE, UH, THE ENCROACHMENT INTO THE SIDE SETBACK TO BE A DISTANCE OF 45 FEET. IF HE, IF HE DIDN'T COME TO THIS BOARD AT ALL FOR A SETBACK VARIANCE, HE CAN MAKE THE WHOLE THING AS LONG AS HE WANTS. BUT IF HE WANTS TO PUT IT ONE INCH TO THE SIDE PROPERTY LINE, HE CAN'T JUST BE 77 FEET LONG AND THAT, THAT'S OH, I, OKAY. I AM TRACKING. OKAY. YEAH. YEAH. SO, AND, AND JUST, AND JUST FOR THE, FOR THE BENEFIT OF THE COMMISSION, WHEN WE, WHEN WE GRANT SETBACKS, IF, IF, YOU KNOW, WE, IF IF IT'S WRITTEN, UM, SPOKEN A CERTAIN WAY IN THE MOTION, TECHNICALLY IT'S TIED TO THE ENTIRE SIDE. AND SO SOMETIMES WE'LL IMPOSE LIMITS JUST SO PEOPLE DON'T TAKE ADVANTAGE OF THAT IN THE FUTURE. YEAH, DEFINITELY. I WAS JUST TRYING TO UNDERSTAND GEOMETRICALLY ON HOW IT'S GONNA LOOK, YOU KNOW? RIGHT, RIGHT, RIGHT. UH, EXCEPT FOR A ROLL CALL, VOTE PLEASE. COMMISSIONER MANNA, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER KAPLAN, I CONCUR WITH THE AMENDED FINDINGS OF FACT. COMMISSIONER BURTON, I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ, I CONCUR. COMMISSIONER ZUNIGA, I CONCUR WITH THE FINES. COMMISSIONER BENAVIDEZ, I CONCUR. COMMISSIONER BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER ZUNA? YES, I CONCUR AND CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. SO THE MOTION PASSED. UM, THE ONLY, THE ONLY ITEM IS HIS CARPORT IS LIMITED TO 45 FEET LONG. OKAY. SO IF HE HAS ANY QUESTIONS THEY CAN GET WITH STAFF. ITEM 13. OKAY, THANK YOU. WHEN YOU'RE READY. MM-HMM. ITEM NUMBER 13 IS BO OA DASH 23 DASH 0 3 0 0 2 9 6. ADDRESS IS 3 0 7 SIMON STREET IN CITY COUNCIL DISTRICT FIVE. THE APPLICANT IS CT NJ CONSTRUCTION, LLC, UM, DBA MCCALL HOMES. THE REQUEST IS FOR A THREE FOOT FOUR INCH VARIANCE FROM THE, FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE ONE FOOT EIGHT INCHES FROM THE WESTERN PROPERTY LINE TO A FOUR FOOT 10 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A STRUCTURE TO BE TWO INCHES FROM THE EASTERN PROPERTY LINE. AND THREE A HALF STORY VARIANCE FROM THE MAXIMUM TWO AND A HALF STORY HEIGHT LIMIT TO ALLOW A STRUCTURE TO BE THREE STORIES. AND THE CURRENT ZONING IS R SIX. THE SUBJECT PROPERTY IS LOCATED ALONG SIMON STREET, WEST OF PROBAN STREET AND IS CURRENTLY A VACANT LOT. UPON REVIEW BY ZONING STAFF, IT WAS COMMUNICATED THAT THE APPLICANT WOULD NEED TO OBTAIN A VARIANCE TO ALLOW A STRUCTURE TO BE WITHIN BOTH SIDE SETBACKS. THE PROPOSED STRUCTURE IS ANTICIPATED ON HAVING TWO CANTILEVERS ON THE SECOND STORY, BOTH WITHIN THAT SIDE SETBACK. THE APPLICANT IS ALSO REQUESTING A VARIANCE TO ALLOW FOR AN ADDITIONAL STORY. THE ATTEMPT IS TO ACCOMMODATE A ROOFTOP DECK THAT WOULD NOT BE ALLOWED WITH THE CURRENT PERMITTABLE HALF STORY. AND THIS IS THE SITE PLAN AND THE SUBJECT PROPERTY AND THE SURROUNDING AREAS. STAFF RECOMMENDATION FOR THE SIDE STEPBACK AND HALF STORY VARIANCES STAFF RECOMMENDS A DENIAL ON BO OA DASH TWO THREE DASH 1 0 3 0 0 2 9 6 BASED ON THE FOLLOWING, ONE, STAFF FINDS THAT THIS IS NOT AN ALLOWABLE SIDE STEPBACK DISTANCE AS IT WILL DIRECTLY AFFECT THE ADJACENT NEIGHBOR BY BEING TOO CLOSE TO THE SHARED PROPERTY LINE AND RISK OF FIRE SPREAD IS GREATER. AND TWO, NO OTHER THREE STORY SINGLE FAMILY STRUCTURES WERE SEEN IN THE IMMEDIATE AREA. AND THIS WAS THE NOTIFICATION PLAN. STAFF SENT OUT 83 NOTICES, UM, ZERO RETURNED IN FAVOR TO IN OPPOSITION, AND THERE IS NO RESPONSE FROM THE LONE STAR NEIGHBOR ASSOCIATION. AND THIS IS THE PUBLIC COMMENT THAT WE RECEIVED FROM THE TWO NEIGHBORS IN OPPOSITION. AND THAT CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. OKAY. COUPLE QUESTIONS ON THIS ONE. UM, SO HE'S ON A HALF STORY. YOU CAN'T HAVE A ROOFTOP TERRACE, CORRECT. BUT IF YOU GO THREE STORIES, YOU YOU CAN YES, SIR. IF, AND IS THERE, IS, IS THERE, IS THERE A PARAPET WALL GOING AROUND? I'M, I'M LOOKING AT THE LITTLE FIGURE ON THE SIDE PLAN IS, IS THIS THING CONSTRUCTING A PARAPET WALL AROUND THE OUTSIDE? UM, I BELIEVE THAT'S MORE A QUESTION FOR THE APPLICANT. OKAY. AND THEN ON THE OVERHANG, THAT'S, THAT'S GOING IN ON THE SIDE PLAN WHERE THE NUMBER TWO IS ON THE SIDE. IS THAT THE ONLY LOCATION WHERE WE'RE TALKING ABOUT A, A, A SIDE SETBACK ISSUE? UH, SO IT'S GONNA BE ALONG BOTH SIDE SETBACKS. UM, SO THE FIRST STORY [04:45:01] ITSELF, UM, THE WALL IS WITHIN IS, IS WITHIN THAT FIVE FOOT SIDE SETBACK? MM-HMM. . UM, OR IT'S BEHIND IT, I'M SORRY. BUT THE CANTILEVER ON TOP ON THE SECOND STORY IS, UM, WITHIN THE SIDE SETBACK FOR BOTH SIDES. OKAY. AND THERE'S NO OCCUPIABLE SPACE. IT'S SIMPLY LIKE A COVERING CANTILEVER FOR ARCHITECTURAL PURPOSES OR, UM, I GUESS WE'LL HAVE TO ASK THE APPLICANT. OKAY. IS THERE ANY OTHER QUE IS THERE ANY QUESTIONS FOR STAFF? NO. ALL RIGHT. READY FOR THE APPLICANT? LET'S HAVE 'EM COME FORWARD. AND, UH, AS A REMINDER, WHEN WE TALK ABOUT TWO AND A HALF STORIES OR THREE STORIES, UH, THIS IS THE CUPCAKE OR THE, UH, WEDDING CAKE DESIGN. SO THINK ABOUT WEDDING CAKES AS WE GO THROUGH THIS DIALOGUE. OKAY? GOOD EVENING. UH, I'M JUST AS HUNGRY AS THE REST OF YOU . UH, MY NAME'S CODY TORRES. I'M THE OWNER OF MACAW CUSTOM HOMES. I'M REPRESENTING APRIL CHASE, WHICH IS THE OWNER OF THIS PROPERTY. UH, WE COVERED MOST OF WHAT WE TALKED ABOUT. UH, OUR INTENTION WAS TO BUILD THE CANTILEVERS. THE CANTILEVERS WOULD BE FULLY FIRE RATED FOR TWO HOUR MINIMUM, UH, WITH THE EXCEPTION OF WITH THE BIRTHDAY CAKE RULE. UH, THAT WAS KIND OF UP IN THE AIR, WAS WHAT WE COULD APPROACH AND WHAT WE COULD DO. AND THE REASONING BEHIND THE HOME BEING KIND OF CRUNCHED TOGETHER IS THERE'S A 35 INCH PECAN TREE IN THE BACK THAT WE ARE TRYING NOT TO HARM. IT'S, UH, SHOWN ON THE, THAT ONE RIGHT THERE FURTHER BACK ON THE SURVEY. SO SEE A PRETTY SIZABLE 35 INCH. WE'RE TRYING NOT TO HARM THAT. THAT'S WHY THE SECOND STORY IS CANTILEVER QUITE A BIT, INCLUDING TOWARDS THE BACK. UNFORTUNATELY, THE TREE IN THE FRONT IS ALREADY DEAD. OKAY. SO WE'RE HERE, WE'RE HERE ABOUT THESE, A LOT OF IT WITH A SIDE SETBACK. SO YOU HAVE A, A CANTILEVER. LET'S, LET'S TALK ABOUT THE WEST SIDE FIRST. OKAY. UH, THIS IS, THIS IS THE LONGER OF THE CANTILEVERS IT LOOKS LIKE. UH, CAN, DO YOU HAVE ANY IDEA OF OF HOW LONG THAT IS? EXACTLY? ROUGHLY 30. 30 FEET. 30 FEET. I DON'T ACTUALLY HAVE A DIMENSION ON THE PLAN, BUT IT'S 30 FEET. OKAY. AND THEN ON NUMBER TWO, THAT'S ON THE PLAN, THAT'S ON THE SCREEN UP HERE. THAT'S, UH, THE SHORTER OF THE CANTILEVERS. HOW ABOUT HOW BIG IS THAT? UH, THAT'S ROUGHLY ONLY ABOUT FOUR FEET. UH, THAT'S JUST A WALKING DECK BASICALLY TO GET, GET AROUND AS FAR AS, ALL RIGHT. MANNA, COMMISSIONER MANNA. SO YEAH, SO TRYING TO UNDERSTAND. UM, SO, SO ON SIDE ONE, IT LOOKS LIKE THE SECOND STORY IS KENNER LEVERED OVER TWO FOOT, UM, IF I SEE THAT CORRECTLY. AND THEN THE TOP STORY IS ALSO KENDALL KEN? NO, UH, ONLY THE SECOND STORY IS GONNA BE KEN LEED. SO THE, THE, I GUESS THE TOP LAYER OF THE BIRTHDAY CAKE IS THE, IT, IT KIND OF SHRINKS IN IF YOU WANT TO SHOW THE PLAN. YEAH, YOU CAN. THAT ONE YOU WANT TO ZOOM OUT A LITTLE BIT SO THAT THE CUT THE CROSS SECTION THERE GIVES YOU KIND OF THE BEST OVERLAY. UH, IF YOU SCROLL UP, YOU CAN KIND OF SEE HOW IT KIND OF SITS ON AN ISLAND, THAT TOP LAYER AND IT REDUCED ON THE SIDES FOR BOTH SIDES. OKAY. ANY OTHER QUESTIONS? OH, UM, SO, OKAY, SO I SEE TWO STORIES, THREE STORIES, AND, AND THEN THE, AND THEN ON TOP OF THE THIRD STORY IS THE TERRACE OPEN TERRACE. YES. THERE IS NO PARAPET WALL. TO ANSWER YOUR QUESTION FROM EARLIER, IS THERE A ROOFTOP TERRACE ON THE, ON TOP OF THE SECOND FLOOR? NO. AND THEN ON THE THIRD FLOOR, IS THERE SOME SORT OF, IS THAT, IS THAT A COVER, A LATTICE? IS THERE ANYTHING GOING ON UP THERE? UH, PURELY JUST A GUARD RAILING. JUST A GUARDRAIL. OKAY. OKAY. CRUZ, COMMISSIONER CRUZ. SO I'M STILL LOOKING AT THE PICTURES. SO IT'S GONNA BE TWO AND A HALF STORIES AND THEN IT'LL HAVE A DECK ON TOP. CORRECT. AND WHAT, I GUESS THE ZONING OR WHAT THE CITY IS SAYING IS BASICALLY BECAUSE WE'RE ADDING THE ROOFTOP TERRACE IS WHAT'S MAKING IT CONSIDERED THE THIRD STORY. OH, OKAY. I, THAT'S WHAT I, 'CAUSE OTHERWISE, WE, WE, WITHOUT THE ROOFTOP TERRACE, WE WOULD STILL TECHNICALLY BE CONSIDERED UNDER THE TWO AND A HALF RULE, TWO AND A HALF, WHICH WOULD BE ACCEPTABLE, BUT A HALF THAT THE DEFINITION OR HALF STORY DOES NOT ALLOW ROOFTOP TERRACES. SO THEY HAVE TO BE CONSIDERED A THREE, CORRECT. RIGHT. OKAY. [04:50:01] SO, BUT IF WE GRANT A THREE, IS IT A SOLID THREE REGARDLESS WHAT WE DO? OR CAN WE, I MEAN, HOW CAN WE TIE THAT IN? SO, UH, QUESTION FOR STAFF IS IF WE, IS THERE A WAY TO READ A MOTION TO LIMIT THE SORT OF SQUARE FOOTAGE OF THE THIRD STORY? I BELIEVE WE CAN READ IT AS, UM, TO ONLY TO, UH, PERMIT A ROOFTOP, UH, TERRANCE, UM, TO GO AGAINST THE DEFINITION OF THE HALF STORY VARIANCE OR THE HALF STORY. OKAY. THAT SOUNDS GREAT. SO IS THERE ANY OTHER QUESTIONS FOR THE APPLICANT? UH, I JUST WANTED TO REMIND, UH, WHOEVER IS READING THE MOTION THAT, UH, THE APPLICANT HAS STATED THAT ITEM NUMBER ONE IS APPROXIMATELY 32 FEET LONG, AND ITEM NUMBER TWO IS ONLY FOUR FEET. I'M SORRY, AND FOUR FEET OVERHANG AS FAR AS 14. THE, THE LENGTH OF IT GOES. YEAH, THAT'S, AND HOLD ON, I HAVE THAT AND I DON'T ACTUALLY HAVE THAT IN HAND. CAN YOU JUST READ INTO THE RECORD THE SITE PLAN THAT'S, UH, PRESENTED AS AN EXHIBIT? SURE. THAT CAN HAPPEN TOO. I THINK THAT'D BE EASIER. AND THEN IT COULD ALSO LIMIT THE, IT'S APPROXIMATELY 10 FEET LONG. YEAH. THAT ALSO LIMIT THE AMOUNT OF SPACE THAT THEY COULD BUILD ON THE THIRD FLOOR TO WHAT'S, UH, SHOWN BROTHER. 'CAUSE WE GRANT THEM A THIRD FLOOR. THEY COULD BUILD THE ENTIRE DIMENSIONS OF THE UH, AND YEAH, I THINK, UH, THE READING THE THIRD MOTION AS AS BEING, UH, ALLOWING A ROOFTOP DECK WILL RESTRICTS THEM TO, TO THE 50% RULE ON THE HALF STORY. THEY JUST HAVE TO, THEY JUST GET AWAY FROM THE ROOFTOP DECK. UH, YEAH. SO ITEM ONE IS FOR 32 2. WELL YOU CAN READ THE DISTANCE AT 14 FEET OR YOU, YOU CAN READ THE DISTANCES OR YOU CAN JUST SAY AS PER THE SITE PLAN, REFER TO THE, YEAH. SO WHO'D LIKE TO MAKE A MOTION CHAIR? WE HAVE PUBLIC COMMENT. OH, I APOLOGIZE. IT'S BEEN SO LONG SINCE WE HAD SOME . OKAY. IS IT SOMEONE SIGN TO SPEAKER VOICEMAIL. WE HAVE ONE VOICEMAIL AND ONE PERSON IS INSIDE TO SPEAK. LET'S HEAR THE VOICEMAIL FIRST. HI, MY NAME IS LEAH BURKA. I OWN THE HOUSE. IT IS, UM, I AM CALLING WITH RESPECT TO BO A TWENTY THREE ONE ZERO THREE ZERO ZERO TWO NINE SIX. UM, MY PHONE NUMBER IS (302) 264-1491. I OWN THE HOUSE AT THREE 11 SIMON, WHICH IS DIRECTLY NEXT DOOR TO THE PROPERTY AT ISSUE HERE. I JUST RECENTLY LEARNED ABOUT THIS PROPOSAL ABOUT A WEEK AND A HALF AGO WHEN THE FAMILY THAT RENTS MY HOUSE TOLD ME GENERALLY ABOUT IT. I ASKED THE CASE MANAGER AT THE BOARD OF ADJUSTMENTS FOR A COPY OF THE REQUEST FOR ZONING VARIANCE APPLICATION, BUT WAS TOLD THAT I NEEDED TO SUBMIT AN OPEN RECORDS REQUEST TO OBTAIN IT. I SUBMITTED ONE LAST WEEK AND HAVE NOT YET HEARD BACK ACCORDINGLY. I STILL HAVE A LOT OF QUESTIONS ABOUT THIS. I UNDERSTAND HOWEVER, THAT I ONLY HAVE THREE MINUTES. I'M GONNA TRY TO BE BRIEF AND TALK QUICKLY BEFORE JUMPING INTO THIS. I DO WANNA SAY THAT I'M HAPPY TO HAVE NEW NEIGHBORS MOVE ON TO THE STREET AND I HOPE THEY'RE ABLE TO BUILD A HOUSE THAT MAKES THEM HAPPY AND ALSO ABIDE BY THE ZONING ORDINANCES. MY UNDERSTANDING IS THAT THE OWNERS OF THE EMPTY LOT NEXT TO MY PROPERTY INTEND TO BUILD A THREE STORY HOUSE EXTREMELY CLOSE TO THE PROPERTY LINE FROM WHAT I UNDERSTAND, JUST TWO FEET AWAY. AS I MENTIONED BEFORE, I STILL HAVE A LOT OF QUESTIONS JUST FROM A PRACTICAL PERSPECTIVE. I DON'T UNDERSTAND HOW CONSTRUCTION ON THAT SIDE OF THE HOUSE IS GOING TO OCCUR WITHOUT NEGATIVELY IMPACTING MY PROPERTY. HOW WILL A LADDER FIT IN THAT SMALL AMOUNT OF SPACE WHEN WORKERS NEED TO WORK ON THE THIRD STORY, I WORRY THAT THERE'LL BE ISSUES MOVING MACHINERY AND EQUIPMENT AROUND THE SIDE OF THE HOUSE. I WORRY THAT MY FENCE WILL BE DAMAGED, MATERIALS MAY BE DROPPED INTO MY YARD OR WORKERS WILL NEED TO USE MY YARD TO CONDUCT THEIR WORK. AND I WORRY THAT THESE QUESTIONS ARE NOT GOING TO GO AWAY AFTER THE HOUSE NEXT DOOR IS BUILT. ANYTIME MEETING NEEDS TO BE DONE ON THE SIDE OR BACK OF THE HOUSE, ANYTIME WINDOWS NEED TO BE CLEANED, ANYTIME ANY LARGE FURNITURE NEEDS TO BE MOVED TO OR FROM THE BACKYARD, SIMILAR QUESTIONS COME TO MIND. ADDITIONALLY, I WORRY ABOUT THE HOUSE BEING SO LARGE AND SO CLOSE FROM A FIRE SAFETY PERSPECTIVE. IN ADDITION TO INSIGHT FROM THE OWNERS, I'M ALSO CURIOUS TO HEAR WHETHER THE ARCHITECTS AND BUILDERS HAVE CONSIDERED ANY OF THE ABOVE ISSUES. AS I MENTIONED BEFORE, I'VE NOT SEEN THE APPLICATION ITSELF, SO I'VE NOT BEEN ABLE TO SEE HOW THE APPLICANT COULD PROPOSED TO ADDRESS MY QUESTIONS. MY UNDERSTANDING IS THAT AMONG OTHER THINGS, THE APPLICANT MUST SHOW THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. AND THAT PUBLIC INTEREST FOR ZONING VARIANCES IS DEFINED AS THE WELLBEING OF THE GENERAL PUBLIC WITH SPECIFIC ATTENTION TO THOSE MEMBERS OF THE PUBLIC. THAT COULD BE DIRECTLY AFFECTED BY THE PROPOSED VARIANCE. I THINK I FALL INTO THAT CATEGORY AND UNLESS ALL MY QUESTIONS AND QUESTIONS FROM OTHERS ARE ADDRESSED ADEQUATELY, I WOULD ARGUE THAT THIS IS NOT IN THE PUBLIC INTEREST. I ALSO UNDERSTAND THAT THIS APP APPLICATION SHOULD SHOW WHY THE APPLICANT BELIEVES THAT THE FOLLOWING ORDINANCE THAT FOLLOWING THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP FOR THEM. AGAIN, I HAVEN'T SEEN THE APPLICATION AND PERHAPS MY THOUGHTS WOULD CHANGE IF I HAD, BUT THE LOT NEXT TO ME IS CURRENTLY THAT A LOT. I'M NOT SURE WHY IT WOULD BE AN UNNECESSARY HARDSHIP TO INSTEAD DESIGN A HOUSE THAT FITS THE SPACE. MY UNDERSTANDING IS THAT THE APPLICANT MUST MEET ALL ON BEHALF OFFER MENTIONED IN ADDITIONAL CONDITIONS FOR THE BOARD OF ADJUSTMENTS TO GRANT A VARIANCE. WITHOUT MORE INFORMATION, I DO NOT SEE HOW THE APPLICANTS WILL BE ABLE TO DO SO. I HOPE THE BOARD ASKS THE QUESTIONS THAT I HAVE NOT BEEN ABLE TO AND EITHER ENSURES THAT MY PROPERTY AND OTHER NEIGHBORING PROPERTIES WILL NOT BE NEGATIVELY IMPACTED OR DENIES THE VARIANCE REQUEST. AT LEAST WITH RESPECT TO BUILDING SO CLOSE TO A PROPERTY, THERE IS STILL ENOUGH [04:55:01] SPACE IN THE LAP TO BUILD A BEAUTIFUL HOUSE WHILE ABIDING BY THE ZONING ORDINANCES. THANK YOU. ALRIGHT, HAVE THE WHO SIGNED UP TO SPEAK COME FORWARD. JANELLE CHASE. HI. PLEASE STATE YOUR NAME AND UH, TELL US YOUR THOUGHTS. HI, YES, MY NAME IS UM, JANELLE CHASE AND I AM THE DAUGHTER-IN-LAW TO, UM, APRIL AND ALLEN CHASE. AND, UM, I'M JUST COMING TO GIVE SOME MORE PERSPECTIVE TO THIS. UM, I GREW UP IN THAT AREA AND ALSO MY DAD AND MOM WEST AND SOUTH SIDE. SO WHEN WE CANVASED FOR A LOT, WE WANTED TO PICK SOMETHING THAT WASN'T HISTORIC, NOT IN A NEIGHBORHOOD CONSERVATION DISTRICT BECAUSE THEY DID WANNA BUILD SOMETHING DIFFERENT. AND UM, SO WE SOUGHT AFTER A LOT THAT WAS IN A MORE TRANSITIONAL SPACE. AND THIS AREA HAS MULTI-FAMILY DIRECTLY BEHIND IT. SOME OF IT IS THREE STORIES HIGH. THE R SIX RESIDENTIAL NEXT TO IT IS THERE'S ONE THAT LOOKS THREE STORY RIGHT ACROSS THE STREET. UM, SO WE DIDN'T THINK THIS WOULD BE OUT OF CHARACTER TO THE NEIGHBORHOOD. UM, THEY, THE REASON FOR THE WAY IT'S STRUCTURED IS THEY'RE ESSENTIALLY TRYING TO BUILD AN ADU BELOW THEM SO THAT ADDITIONAL FAMILY MEMBERS CAN LIVE WITH THEM. UM, THEY HAVE TWO ADULT FAMILY MEMBERS THAT NEED AFFORDABLE HOUSING. AND SO THIS WOULD PROVIDE EXTRA HOUSING FOR OUR OWN FAMILY WITHOUT HAVING TO GO TO ZONING AND TRY FOR MULTI-FAMILY BECAUSE THAT'S NOT THE INTENT. WE'RE JUST TRYING TO HOUSE OUR OWN FAMILY AND WE DON'T WANT TO CHANGE THE ZONING TO MULTIFAMILY. WE JUST WANT TO BE ABLE TO BUILD AN ADU BELOW IT TO PRESERVE THE TREE PERMEABLE SPACE AND HAVE ADEQUATE LAND USE. UM, AND I CAN ANSWER ANY QUESTIONS IF YOU HAVE ANY. SO STAFF, ARE YOU ALLOWED TO BUILD AN ADU UNDER THE SAME ROOF AS THE MAIN STRUCTURE? YES. ALL RIGHT. JUST CURIOUS, UH, IS THERE ANY QUESTIONS FOR THE, UH, SPEAKER ZUNI, COMMISSIONER ZUNI? SO HOW MANY PARKING SPACES ARE YOU PROVIDING ON SITE? I WOULD HAVE TO TWO, TWO PARKING SPACES. IS THAT GONNA BE ADDED? TWO IN THE GARAGE AND THEN TWO IN THE GARAGE IN THE DRIVEWAY. SO FOUR. SO IT'S FOUR. YEAH. TOTAL FOUR. YEAH. COMM, COMMISSIONER KAPLAN. OKAY. AND CAN YOU ADDRESS THE NEIGHBOR'S ISSUE ABOUT UH, WHEN YOU BUILD IN THE, IN THE SIDE SETBACK? SO WITH THE, WE TOOK THAT INTO MINE WHEN WE DESIGNED THE PLAN. SO WHAT, THAT'S WHY THE CANTILEVERS ARE ON THE SECOND FLOOR. SO YOU STILL HAVE YOUR FIVE FOOT VARIABLE WITH EASEMENT ON EACH SIDE OF THE HOME. NO. BUT CAN YOU, UH, HER, HER ISSUE, HER ISSUE, UH, SETTING UP LADDERS AND, UM, GETTING INTO THEIR PROPERTY? YOU KNOW, UM, UH, SO THE WAY THAT WE WOULD BUILD, AND ESPECIALLY IN THIS, THE AREAS THAT ARE KIND OF, THAT ARE IN QUESTION, UH, OUR SCAFFOLDS AND LADDERS ARE USUALLY YOU CAN GET 'EM IN SEVERAL DIFFERENT SIZES TO WHETHER, WHETHER YOU HAVE SMALL ACCESS OR NOT. UH, ACTUALLY PRETTY FAMILIAR WITH THE AREA. I USED TO WORK FOR DAVID WHEATLEY MANY YEARS AGO. UH, WE BUILT THE CLAY STREET COMMONS PRO PROJECT ON THE STREET RIGHT BEHIND IT. UH, THE SCAFFOLDS ARE VARIABLE WIDTH. THEM, THOSE HOMES ARE ONLY FIVE FEET APART. SO THOSE ARE ALL ZERO LOT LINE HOMES. AND SO, SO BASICALLY YOU FEEL THAT YOU WILL NOT, WHEN YOU DURING CONSTRUCTION, YOU WILL NOT IMPAIR THE NEIGHBORING PROPERTY? NO, UH, I MEAN OUR, OUR POSITION HAS ALWAYS BEEN IS TWO FOUR, NOT TWO. UH, WE WANNA IMPROVE THE SPACE. IF WE WERE TO EVER ENCOUNTER ANY KIND OF DAMAGE THAT WE DID ON OUR PART IS OBVIOUSLY OUR RESPONSIBILITY TO FIX IT. THAT'S PART OF WHAT USING A REPUTABLE HOME BUILDER WOULD DO. OKAY. AND, UH, COMMISSIONER MANNA. SO, SO QUESTION I HAVE ON THE CANTILEVER, LOOKING AT THE BUILDING ON THE RIGHT HAND SIDE. SO IS THERE A REASON, UH, YOU KNOW, 'CAUSE BASICALLY IT'S A CANTILEVER SECOND STORY OVERVIEW RIGHT ON THE PROPERTY LINE LOOKING OVER THE NEIGHBOR'S PROPERTY. SO COULD THAT CANTILEVER BE MOVED TO THE FRONT OF THE PROPERTY? I GUESS WHAT IS IT BEING USED FOR? UH, IT'S UM, AND THEN IT'S DECORATIVE AND UH, I WOULD, THAT'S NOT THE INTENTION OF IT, BUT IT IS JUST A WRAPAROUND BALCONY 'CAUSE IT WRAPS AROUND FROM THE FRONT AS WELL. IF YOU LOOK AT THE PICTURE ON THE SCREEN AT THE MOMENT, YOU CAN ACTUALLY SEE THE, THE BALCONY, SEE HOW IT WRAPS AROUND THAT DINING SPACE, THE AFFECTED SIDE NEIGHBORS ON THIS. OH, OH, THAT WOULD HELP. YEAH. STARTS HERE, GOES OVER. SO THAT'S ON THE NEIGHBOR SIDE, 14 FEET OR WHATEVER. YEAH. SO JUST TO CONFIRM THAT, THAT, GO AHEAD. SO AS WE WERE SEEING THIS EXHIBIT, THIS FLOOR PLAN RIGHT HERE, MM-HMM. THAT AREA OF BALCONY. MM-HMM, RIGHT THERE ABOUT 14 FEET. THAT IS THE, UM, SIDE THAT WE HEARD THE OPPOSITION, THE NEIGHBOR THAT'S OPPOSING. CORRECT. SO IT'S LIMITED TO ABOUT 14 FEET OF YES. AND AS FAR AS IN CONNECTION TO THE RELATION TO THEIR HOME, UH, THEIR HOME I BELIEVE [05:00:01] STARTS ABOUT MIDWAY THROUGH THAT. SO, OKAY. IT, IT WOULD, AND THAT'S SECOND FLOOR, RIGHT? IS IT? CORRECT. SECOND FLOOR. OBVIOUSLY THERE WOULD BE NO ISSUE WITH BEING ABLE TO WALK AROUND THE PROPERTY. OKAY. AND IF AS WE READ THE MOTION, WE CAN LIMIT IT TO THE SITE PLAN, IS THAT THE IDEA STAFF OR, OKAY. RIGHT. YOU CAN LIMIT IT BY DISTANCE OR BY THE SIP PLAN. THANK YOU. MM-HMM, . AND I WOULD ALSO MENTION, I WOULD, I WOULD RECOMMEND MENTIONING THAT IT'S LIMITED TO THE SECOND FLOOR AND NOT, YOU KNOW, FROM THE GROUND UP. OKAY. SO, UM, ANY OTHER QUESTIONS FOR THE APPLICANT? HEARING NONE, I'M LOOKING FOR A, A BRAVE SOUL TO MAKE A MOTION AND HOPEFULLY TAKING YOU INTO ACCOUNT ALL THE, UH, ITEMS THAT WE ARE DISCUSSING. I'LL TRY IF EVERYBODY, UH, WATCHES ME AND HELPS OUT ALL. COMMISSIONER KAPLAN REGARDING BOA DASH 23 DASH 1 0 3 0 0 2 9 6. I MOVE THAT THE BOARD OF ADJUST GRANT A REQUEST FOR ONE FOUR INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE ONE FOOT EIGHT INCHES FROM THE WESTERN PROPERTY LINE AS PER THE SITE PLAN. TWO, A FOUR FOOT 10 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE TWO INCHES FROM THE EASTERN PROPERTY LINE AS PER OUR SITE PLAN. AND THREE AND A HALF STORY VARIANCE FROM THE MAXIMUM TWO AND A HALF STORY HEIGHT LIMIT TO ALLOW A STRUCTURE WITH THREE STORIES SITUATED AT 3 0 7 SIMON STREET, APPLICANT BEING CTNJ CONSTRUCTION LLC. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE IS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE HAS NOT CONTRARY TO THE PUBLIC INTEREST IN THIS CASE, THE INTEREST THE PUBLIC REPRESENTED BY THE ADJACENT NEIGHBOR FOR SAFETY AND PRIVACY STAFF FINDS THE REQUESTED VARIANCES PROVIDE AN ALLOWABLE DISTANCE AND HEIGHT AS IT WILL NOT AFFECT THE ADJACENT NEIGHBOR BY BEING TOO CLOSE TO THE SHARED PROPERTY LINE, RISK OF FIRE SPREAD IS MITIGATED AND A TOWERING BUILDING WILL NOT IMPOSE ONTO THE ADJACENT USES. TWO, DUE TO SPECIFIC CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD NOT HAVE SUFFICIENT SPACE FOR THE INTENDED STRUCTURE IF ABIDED BY THE SETBACK AND HEIGHT REQUIREMENTS. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE GRANTING OF THESE VARIANCES WILL OBSERVE THE SPIRIT OF THE ORDINANCE AS THE STRUCTURE IS A SUITABLE DISTANCE AND HAS AN ALLOWABLE HEIGHT THAT WILL NOT INFLICT ON NEIGHBORING PROPERTIES. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE USES ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE 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 GRANTING OF THIS VARIANCE WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. SIX. THE PLIGHT OF THE OWNER 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 THE RESULT OR GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS THE SIZE OF THE PROPERTY. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION. I'M GONNA SECOND THAT ONE AND I'M GONNA OFFER, UH, AN AMENDMENT TO THE, TO THE ACTUAL MOTION ITSELF TO, TO CLARIFY THAT ITEM NUMBER ONE IS LIMITED TO, UH, 32 32 FEET LONG AND TO THE SECOND FLOOR. THAT ITEM NUMBER TWO IS LIMITED TO 14 FEET LONG, ALSO FOR THE SECOND FLOOR. AND THEN FOR ITEM NUMBER THREE, THAT IT'S A, A VARIANCE FROM THE HALF. IT'S A TO ALLOW A TWO AND A HALF STORY WITH, UH, WITH THE ALLOWANCE OF A ROOFTOP TERRACE IN CONTRAST TO THE, TO AN F STORY DEFINITION, EXCEPT THAT. ALRIGHT. UM, IS THERE ANY, UH, COMMISSIONER KAPLAN, PLEASE LEAD THE DISCUSSION. UH, YEAH, I THINK THAT THIS LOOKS LIKE A BEAUTIFUL, UM, THE CONCERNS, HOPEFULLY THE CONCERNS OF THE NEIGHBOR WILL BE MET IN THAT YOU WON'T DISTURB THEM WITH YOUR CONSTRUCTION. OF COURSE, ANY CONSTRUCTION NEXT DOOR IN A SMALL LOT IS GOING TO BE DISTURBING. UM, SO I HAVE, I'M GONNA BEFORE THIS AND, UM, I'M FOR IT AS AMENDED BECAUSE IT ALLOWS FOR A FIVE FOOT PASSAGE WITH, UH, ON THE GROUND FLOOR IN CASE OF AN EMERGENCY. UH, ALSO IT'S, UH, WE'RE, WE'RE STATING THE DISTANCES SO THAT IT'S NOT TOO EXTREME ON THE, ON THE SETBACK. AND THEN, UH, I WANTED IT, UH, CITED TO COMPLY WITH THE TWO AND A HALF STORY WITH THE EXCEPTION TO THE ROOFTOP TERRACE. SO THAT WAY [05:05:01] YOU'D BE LIMITED IN SQUARE FOOTAGE, UH, ON THAT, THAT THIRD LEVEL TO NO MORE THAN 50% OF THE FLOOR BELOW YOU. UM, SO WITH THAT, IS THERE ANY OTHER OTHER COMMISSIONER OR COMMENTARY? MANNA, COMMISSIONER, MANNA, THEN OONA. SO, UM, I, YOU KNOW, I JUST WANNA CAUTION, UM, THE BOARD HERE AS WE KIND OF GO THROUGH THESE, YOU KNOW, THE WHOLE DIALOGUE WITH REGARDS TO THE, YOU KNOW, THE WEDDING CAKE DESIGN OF THE THREE STORY. AND HERE THIS, WE'RE STARTING TO BE AN INVERTED WEDDING CAKE NOW, AND ALL OF A SUDDEN, YOU KNOW, WHILE IT IS THAT WE AREN'T ENCROACHING IN THE BOTTOM FIVE FEET, THE NEXT, THE NEXT 10 FEET, UM, OR THE BOTTOM 10 FEET, THE NEXT 10 FEET ARE ENCROACHING. AND SO ALL OF A SUDDEN IT'S LIKE, WHEN HAS IT GONE TOO FAR? AND THIS WAS CLOSE TO ME FOR BEING TOO FAR. AND WE DID THIS, WE DID ONE OTHER CASE THAT HAD A PARAPET WHERE I STARTED TO HAVE HEART, YOU KNOW, THE HEARTACHES. AND SO WE'RE CHANGING THIS WHOLE DESIGN OF TURNING BUILDINGS UPSIDE DOWN TO GET AROUND THE RULING FOR THESE, UM, FOR THESE SETBACKS. UM, SO, SO I DO CONCERN, YOU KNOW, I'M CONCERNED ABOUT THAT AND YOU KNOW, BUT UM, ANYWAYS, I CERTAINLY UNDERSTAND. I HAVE GONE HOME SOMETIMES AND THOUGHT WHAT DID I DO ? RIGHT? COMMISSIONER UNA. SO MY ONLY COMMENT WAS IN REGARDS TO THE, UH, ADEQUATE PARKING AND WE'RE HAVING WITH THE FOUR SPACES, I THINK SHOULD BE ADEQUATE FOR THE, UH, RESIDENT LOAD THAT YOU'RE PROVIDING ON THE PROPERTY. SO THAT'S MY ONLY COMMENT THERE. ALL RIGHT. IF THERE'S NOTHING ELSE, LET'S HAVE A ROLL CALL VOTE. COMMISSIONER KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. CHAIR ORIAN. YES, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BURTON? NO, I DO NOT CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER ZUNIGA? I DO NOT CONCUR. COMMISSIONER MANA. I'M ACTUALLY GONNA CONCUR. COMMISSIONER MANEZ? I CONCUR. COMMISSIONER BRAGMAN. I CONCUR THE FINDINGS OF FACT. COMMISSIONER ZUNA? YES. AND I CONCUR. UH, SO THE MOTION FAILS SEVEN TO THREE 'CAUSE YOU NEED NINE PEOPLE TO PASS. MM-HMM. . UH, IF THERE'S A, IF THERE'S ANYONE ON THE PREVAILING SIDE, I'M GOING TO COUNT TO THREE AND THEN WE'RE GONNA MOVE ON. GOING ONCE, GOING TWICE. YEAH. YES. COMMISSIONER ZUNIGA. OKAY. SO WHAT, WHAT, UM, WOULD YOU WANNA MAKE A MOTION TO RECONSIDER MAN? COMMISSIONER MANNA SECONDS. ALL IN FAVOR SAY AYE. AYE. NAY. ANY OPPOSED? ANY OPPOSED? NAYYY? WE HAVE ONE OPPOSED. OKAY, SO THAT MOTION PASSES TO RECONSIDER. COMMISSIONER ZUNIGA, WHAT, WHAT DO YOU THINK YOU CAN CHANGE TO MAKE THIS ACCEPTABLE? THE, OKAY, COMMISSIONER MANNA, DID YOU WANT TO ALTER THE MOTION? MY VOICE ALREADY. SO I THINK, YOU KNOW, YOU KNOW, JUST THINKING ABOUT IT IN GENERAL AND, YOU KNOW, A THREE FOOT, SO THREE FOOT ON THE SIDES, YOU KNOW, FROM A, UM, OR I GUESS GOING BACK FOR THE TWO FOOT DIALOGUE, TWO FOOT ON THE SIDES TO ALLOW FOR THAT VARIANCE. I THINK THAT IS MORE CONSISTENT WITH HOW WE LOOK AT OTHER THINGS. YOU KNOW, THAT WOULD INCLUDE THAT PARAPET AND SO, SO ADJUSTING FOR THAT. SO I THINK I'D BE MUCH MORE COMFORTABLE ALONG THOSE DIALOGUES, HONESTLY. BUT FOR, SO FOR ITEM NUMBER ONE AND TWO, YOU'D BE COMFORTABLE WITH A TWO FOOT VARIANCE TO ALLOW IT TO BE AS CLOSE AS THREE FEET? OR IS IT A THREE FOOT TO ALLOW IT AS CLOSE AS TWO? I, I'D GO THREE TO TWO. SO, OKAY. SO, SO WE HAVE A MOTION. UH, WE'RE GOING TO MAINTAIN EVERYTHING AS READ BEFORE, BUT ITEM NUMBER ONE AND TWO IS GOING TO BE A TWO FOOT VARIANCE TO ALLOW, UH, ITEMS ON THE SECOND FLOOR. UH, UH, LIMITED TO, UH, 14 FEET ON THE EAST SIDE, 32 FEET ON THE WEST SIDE. UH, TO, TO BE AS CLOSE AS THREE FEET TO THE SIDE PROPERTY LINE. UH, IS THERE A SECOND? SECOND ON THAT? SECOND BY COMMISSIONER KAPLAN. ALSO HAVE A ROLL CALL. VOTE. COMMISSIONER MANA. ACT. COMMISSIONER KAPLAN. AYE. CONCUR. COMMISSIONER BURTON. I STILL DO NOT CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER ZUNIGA CONCUR. COMMISSIONER BEAVIS? I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER ZUNA? YES, I CONCUR. CHAIR ORIAN. AND I CONCUR WITH THE FINDINGS OF FACT. MOTION FAILS. UH, EIGHT TO TWO. SO, UM, UNLESS SOMEONE ON THE PREVAILING SIDE WANTS TO OFFER SOMETHING DIFFERENT, GOING ONCE, GOING TWICE. UH, WE'RE MOVING ON TO ITEM NUMBER 14. SO WHAT HAPPENED IS, IS THAT YOU DIDN'T GET, UH, ANY OF THE VARIANCES. UH, IF YOU COULD PLEASE GET WITH STAFF AND YOU CAN DISCUSS, UH, YOU KNOW, WHAT YOU CAN DO MOVING FORWARD. THANK YOU. THANK [05:10:01] YOU. I WOULD'VE GIVEN THEM THE HALF STORY ONE. YOU WOULD'VE WHAT? GIVEN HIM THE HALF STORY. ONE, UM, CHAIR. YES. AND I'M GONNA HAVE TO RECUSE MYSELF FROM THIS CASE. I'VE ALREADY TALKED TO THE OWNER. OKAY. SO COMMISSIONER CRUZ WILL BE STEPPING OUT. UH, WE'RE GONNA WAIT FOR COMMISSIONER ZUNA TO COME BACK. AND THEN, UH, COMMISSIONER CRUZ. [ Approval of Minutes  ] CAN WE VOTE ON THE MINUTES REAL QUICK? SURE. JUST TO DO SOMETHING. UM, IS THERE ANY, ANY, UH, AMENDMENTS TO THE MINUTES? I KNOW I'VE, I'VE LOOKED AT THEM ABOUT A WEEK AGO. IS THERE ANY, UH, ANYTHING OTHER THAN, UM, UH, I THINK THERE WAS AN ISSUE OF WHETHER OR NOT WE DO INCLUDE PEOPLE WHO SHOW UP LATE, UH, IN THE ROLL CALL. AND I THINK LEGAL CHIMED IN ON THAT SAYING IT WAS ACCEPTABLE AS LONG AS IT WAS DENOTATION. I DON'T WANNA SPEAK FOR, UH, MR. YEAH, WE'RE GONNA, THERE WAS A REFERENCE TO SPECIFICALLY, UM, UH, WHEN THE COMMISSIONER WHO WASN'T HERE AT THE BEGINNING SHOWS UP. WE'RE GONNA REFLECT THAT ON PAGE ONE. OKAY. AND SO WE NEED TO DO THAT FOR ZUNIGA AS WELL. 'CAUSE HE SHOWED UP, UM, AFTER THE FACT. SO WE NEED, I WOULDN'T, I WOULD SAY CHANGE THE MINUTES TO INCLUDE ZUNIGA TO, UH, ALSO BEING PRESENT. UH, IS THERE ANYTHING ELSE? OKAY. I THINK, UH, OUR LESS CASE. WE ALL GOING TO HEAR IT? YEAH, WE ARE. DON'T WORRY. UM, SO IS THERE, IS THERE A MOTION TO APPROVE THE MINUTES AS AMENDED? SO, SO, UH, COMMOTION BY KAPLAN IS OUR SECOND, SECOND. SECOND BY BRAGMAN. ALL IN FAVOR? AYE. AYE. UM, MOTION PASSES. ALL RIGHT. ITEM NUMBER 14 BOA 23 1 0 3 0 0 2 9 7. ADDRESS IS 7 35 GLADSTONE STREET COUNCIL. DISTRICT FIVE APPLICANT IS ASHLEY ES A REQUEST FOR A FOUR FOOT TWO INCH VARIANCE. FUN. THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW ADDITION TO BE 10 INCHES FROM THE SIDE SETBACK. ZONING IS R FIVE. OKAY, LET THE RECORD SHOW THAT COMMISSIONER CRUZ LEFT THE MEETING AT 6 34. OKAY. CONTINUE CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED IN A SINGLE FAMILY COMMUNITY JUST WEST OF THE INTERSECTION OF GLADSTONE STREET AND IH 35 SOUTH. THE APPLICANT IS PLANNING AN ADDITION TO THE REAR OF THE HOME THAT WILL HAVE AN INLINE ADDITION OF 10 INCHES SIDE SETBACK. THE UDC REQUIRES A FIVE FOOT SIDE SETBACK AND, AND ALLOW AN INLINE ADDITION AT A THREE FEET SIDE SETBACK. THE PROPOSED ADDITION WILL LEAVE WELL OVER THE REQUIRED 20 FEET REAR SETBACK AND THE ABUTTING RESIDENTIAL PROPERTY HAS A DRIVEWAY LOCATED ON THE SHARED PROPERTY LINE. THIS IS YOUR SITE PLAN SHOWING THE REQUESTED VARIANCE AND THE SUBJECT PROPERTY LOCATION OF THE PROS PROPOSED ADDITION AND THE SITE SETBACK. LOOKING AT THE BACK OF THE HOUSE AND YOUR SURROUNDING AREA. STAFF RECOMMENDATIONS. STAFF SITE SETBACK VARIANCE STAFF RECOMMENDS DENIAL WITH AN A INCREMENT RECOMMENDATION FOR THREE FOOT SIDE SETBACK AND BOA 23 1 0 3 0 0 2 9 7. BASED ON THE FOLLOWING FINDINGS, THE REQUEST WILL NOT OBSERVE THE SPIRIT OF ORDINANCE AS IT WILL NOT LEAVE SUITABLE SPACE IN THE SIDE YARD. AND TWO, THE PROPERTY HAS SUFFICIENT ROOM TO MEET SETBACK STANDARDS AS THEY CAN EXPAND TO THE OPPOSITE SIDE AND REAR. THREE. THE ALTERNATIVE RECOMMENDATION WILL OBSERVE THE SPIRIT OF ORDINANCE AS IT WILL LEAVE SUFFICIENT SPACE IN THE SIDE. YARD NOTIFICATION PLAN. STAFF MAIL 33 NOTICES ZERO. RETURN IN FAVOR, ZERO. RETURN IN OPPOSITION. AND PALM HEIGHTS NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. ALL RIGHT, LET'S HAVE THE APPLICANT COME FORWARD. AYE. OH MY GOSH. BEEN HERE A WHILE. Y'ALL HAVE A HARD JOB THAN I DO. . WE MADE IT. WE MADE IT. SO, AND I I WANNA REMIND YOU WE'RE, WE'RE DOWN TO NINE PEOPLE, SO WE HAVE TO HAVE EVERYBODY IN THE AFFIRMATIVE. OKAY. OKAY. SO JUST, IS THERE, UH, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. MY NAME IS ASHLEY NICOLE QUINONES. I LIVE AT 7 35 GLADSTONE. UM, SO THE HOME WAS BUILT IN 1965. UH, MY GRANDFATHER PASSED AWAY AND LEFT IT TO ME SMALL LITTLE HOUSE. UM, I, UNFORTUNATELY, I SLEEP IN THE LIVING ROOM RIGHT NOW AND MY UNCLE, HE WAS HERE, BUT HE LEFT. HE'S A, A VETERAN. HE LIVES ALONE. HE'S 80 YEARS OLD AND, UM, NONE OF THE FAMILY WANTS TO TAKE CARE OF HIM. SO I DON'T WANT HIM TO GO INTO A NURSING HOME. SO I SAID, YOU KNOW WHAT, LET ME ADD ON. I'M GONNA ADD ON 8 898 SQUARE FEET. WELL, WE DID THE SURVEY. WE HAD TO DO A SURVEY AND WE'RE SHORT. WE'RE WE'RE SHORT. UM, MY [05:15:01] NEIGHBOR, IT'S MY NEIGHBOR'S HOUSE, AND THEN THERE'S DIRT AND THEN THE DRIVEWAY AND THEN THE HOME. UM, I KNOW THAT THERE'S ISSUES WITH, IF WE BUILD IT SO CLOSE TO THE FENCE, IF THERE'S A FIRE, I I UNDERSTAND ALL THAT. UM, SO MY UNCLE IS VERY SICK AND, UM, I DO TAKE CARE OF HIM. I'VE HAD TO WAIT, I WANNA SAY MAYBE TWO MONTHS, THREE MONTHS. AND I'M JUST HOPING THAT I GET THIS APPROVED SO THAT WAY MY BUILDER AND THEY CAN START ALREADY. UM, I TALKED TO MY NEIGHBORS ABOUT IT. I MEAN, EVERYBODY IN THE NEIGHBORHOOD, I DID SPEAK WITH PALM HEIGHTS, THEY WERE SUPPOSED TO SEND A LETTER, BUT I GUESS NOT. UM, BUT THAT'S THE REASON I, I'M REQUESTING THIS AT THIS TIME. OKAY. AND SO THIS IS FOR A HOME EDITION? YES, SIR. AND THEN, UH, ON THE PICTURES THAT WE HAVE IN OUR, IN OUR REPORT, YOU HAVEN'T, YOU HAVEN'T CONSTRUCTED ANYTHING YET, RIGHT? NO. UM, SO WHAT WE DID WAS WE GOT, I GOT WITH MY CONTRACTOR. I SAID, WELL IF WE'RE GONNA DO A FENCE, 'CAUSE I HAVE BIG PROPERTY, SO THE FENCE, I'M GONNA NEED TO GET A PERMIT FOR THAT. SO I SAID, WELL, LET'S GET THE PERMITS, LET'S DO EVERYTHING WE NEED. SO WHEN THEY STARTED, THE ENGINEER CAME OUT. FROM MY UNDERSTANDING, THE ENGINEER CAME OUT AND HE MEASURED AND HE SAID THAT NO, WE, IT DOESN'T MEET A REQUIREMENT. SO THEN I HAD TO COME TO A HEARING AND ALL THIS OTHER STUFF. SO WE HAVEN'T DONE NOTHING YET. AND, AND THIS ADDITION IS GONNA BE IN LINE WITH THE EXISTING HOME. I WOULD LIKE IT IN LINE WITH THE EXISTING HOME BECAUSE IF NOT, THEN I'M GONNA HAVE TO MOVE IT OVER AND THEN WHERE MY DRIVEWAY IS AT, IT'S GONNA BE LIKE STICKING OUT A LITTLE BIT. SO THAT'S THE REASON WHY I WANTED TO JUST IN LINE IT WITH THE EXISTING STRUCTURE. OKAY. SO FOR STAFF, THIS IS, UH, UP TO 10 INCHES TO THE SIDE PROPERTY LINE. IT LOOKS LIKE THE EXISTING HOME HAS AN OVERHANG. IS HE THE OVERHANGS A 10 INCHES? IS THAT WHAT YOU'RE MEASURING? BECAUSE IT'S LESS THAN THREE FEET? THE EXISTING STRUCTURE? YES. UM, I BELIEVE WE MEASURED THAT. WELL THE PATIO OVERHANG GOES A LITTLE BIT FURTHER THAN THE HOUSE OVERHANG, I BELIEVE, BUT OKAY. THAT'S WHAT I WAS LOOKING IN THAT PICTURE. IT SEEMED LIKE IT WAS SO, SO THE ORIGINAL HALF THEN, HOW CLOSE IS THAT TO THE PROPERTY LINE? UH, I BELIEVE THE HOUSE WAS AROUND 10 INCHES. I SEE THE PATIO OVERHANG IS A LITTLE BIT CLOSER, BUT I BELIEVE THE APPLICANT SAID SHE WAS GONNA TEAR THAT DOWN, OBVIOUSLY FOR THE ADDITION. OKAY. MANUS COMMISSIONER MANUS. SO, UM, A PERFECT PICTURE. UM, SO, SO HERE WE HAVE A PICTURE OF THE BACK OF THE HOUSE. AND SO, SO UM, IS YOUR INTENTION THAT YOU'RE GOING TO REMOVE, WE'LL SAY THE, THE CARPORT THERE AND PUT THE, PUT THE NEW HOUSING COMPONENT THERE AND AND CONTINUE TO MOVE BACK? YES SIR. AND THEN HOW FAR BACK IS THAT GOING TO GO FROM THAT, FROM THE END OF THAT SIDE OR END INTO THE PATIO? THE CURRENT PATIO, UM, BACK TOWARD, SO, UM, ARE WHERE THE BOARDS ARE AT. IF YOU, ON THE PICTURE, IF YOU JUST GOING BACK TOWARDS THE BACK OF THE YARD, SO ABOUT EIGHT, EIGHT ON 8 0 1 1 1 AT A TIME. OKAY. SO LET ME SEE HERE. GO WAIT, THERE WE GO. RIGHT THERE. OKAY. IF YOU GO GO BACK, GO BACK AGAIN. GO BACK ONE MORE. RIGHT, RIGHT THERE. YES. SO IT'S GONNA BE ADDING ONCE EVERYTHING'S SAID AND DONE ABOUT 898 SQUARE FEET. YEP. THIS, THIS PICTURE IS A LITTLE BIT CONFUSING TO ME 'CAUSE I THINK IT'S THE OTHER SIDE THAT FOLLOWS THE PROPERTY LINE. YES, YES. AND THAT'S THE OTHER SIDE. SO, SO THE QUESTION THAT I HAVE THEN IS, UM, THE, THE, THE ANGLE OF THE FENCE, IS IT THE SAME, UH, IS IT PARALLEL TO THE HOUSE? IN OTHER WORDS, DOES IT GO STRAIGHT ALL THE WAY BACK OR DOES IT ANGLE IN A LITTLE BIT AND GET CLOSER? AS IT GOES BACK FURTHER? IT, IT ANGLES IN A LITTLE BIT AND IT GOES A LITTLE BIT FURTHER OUT. SO WE'RE GONNA HAVE TO MOVE OUT. ACTUALLY WHEN WE, WHEN WE DID THE SURVEY, ALL THE DIRT THAT YOU SEE ON THE SIDE TO THE LEFT, ALL THAT DIRT, UM, I HAVE MY, IF YOU WANNA LOOK AT, I JUST GOT THIS SURVEYED. UM, ALL THE DIRT IS ACTUALLY MY PROPERTY. THAT WHAT WE PROPERTY. PUT THAT UP ON THE SCREEN. YEAH, THAT'S ACTUALLY MY PROPERTY. SO ONCE WE MOVE THE FENCE LINE OVER ALL THE DIRT THAT YOU SAW ON THE PICTURE. YEAH. ZOOM INTO THE, TO THE BACK OF THE HOUSE PLEASE IF YOU CAN. UM, I CANNOT ZOOM IN. THIS IS AS CLOSE AS IT'LL GO. OKAY. SO IT'S 50 FEET. 50 FEET. IT'S A STRAIGHT, OKAY. SO, SO, AND THEN FOR CITY STAFF THEN, IS THEY, UM, ON THE DIAGRAM THAT WAS PRESENTED, SINCE THIS IS SLOPING TOWARDS THE FENCE, WAS THE MEASUREMENT THAT YOU'RE PROVIDING AT THE BACK, UM, OF THE, OF THIS NEW ADDITION TO THAT FENCE OR IS IT FROM THE FRONT? SO, SO THE 10 INCHES THAT WE MEASURED WAS FROM THE VERY BACK OF HER PROPOSED EDITION. PERFECT. OKAY. SO 10 INCHES THERE. OKAY. THAT MARKER IS ON THE OPPOSITE SIDE. UH, THAT'S THE, THE SURVEY LINE ON THE OPPOSITE SIDE OF THE, THE, IF YOU'RE GONNA PLEASE INTRODUCE YOURSELF. YEAH, I'M CRYSTAL GOANA, I'M HER WIFE. OKAY. I HAVE PICTURES OF, THAT'S WHEN THE SURVEYOR [05:20:01] CAME. I WAS, HE CAME LATE AT NIGHT AND HE CAME AND PUT THE POST POST IN OR THE STICKERS IN TO, TO PANEL OUT WHERE THE FENCE LINE WAS GONNA BE MOVED OVER. SO THAT'S ONE OF THEM. UM, ON THE SIDE OF THE HOUSE, YOU'RE GONNA MOVE THE FENCE AND WHEN YOU DO THIS JOB? YES. YES. OKAY. 'CAUSE WE'RE GONNA PUT PRIVACY ALL THE WAY AROUND. SO WE'RE, WE'RE TAKING EVERYTHING DOWN. THERE'S OKAY. THAT, THAT'S ON THE OPPOSITE SIDE. THAT FENCE LINE ISN'T MOVING AT ALL. THAT ONE WAS CORRECT. AND THE SURVEYOR USED THOSE, THOSE, UH, THIN WOOD STAKES WITH A LITTLE RIBBON ON THE END OF IT? YES. OKAY. YES, IT LOOKED LIKE IT WAS TIED TO THE FENCE. AND THAT'S THE DRIVEWAY, UM, ON THIS NEIGHBOR'S SIDE OVER HERE. OKAY. THAT'S IN THE DRIVEWAY. THE, SO YOU'RE GOING TO GO BACK A GOOD 40 FEET THEN? YES. ALRIGHT. UH, IS THERE ANY QUESTIONS, ADDITIONAL QUESTIONS? YEAH. I JUST WANT TO CLARIFY. YES, GO AHEAD. HOW DO YOU, UH, THE, THE STAFF RECOMMENDATION OF A THREE FOOT SETBACK, UH, IS THAT A PROBLEM TO YOU? YES. YES IT IS. UM, BECAUSE IF I HAVE TO DO THAT, THEN ESSENTIALLY I HAVE TO MOVE MY, THE SHELL, THE, THE HOUSE THAT'S THERE THAT'S ALREADY THERE. I, I WOULD HAVE TO MOVE IT OVER BECAUSE I WANT MY HOUSE STRAIGHT. I DON'T WANT IT CROOKED OR I WANT IT ALL ALIGNED TOGETHER. AND, UM, THAT, THAT'S THE ISSUE THAT I'M HAVING. OKAY. UM, AND HAVE YOU TALKED TO YOUR NEIGHBOR AND YES, I TALKED TO BOTH OF THEM ALREADY. OKAY. THEY, THEY DIDN'T HAVE ANYTHING. OKAY. UH, STAFF, IS THERE ANY ANYONE'S TIME TO SPEAK? ANY VOICEMAILS? NO PUBLIC COMMENT. ALRIGHT. UM, ANY ADDITIONAL QUESTIONS? YES. SO, OH, ZOOM. MAKE SURE TO ZOOM IN. YEAH. SO THIS CASE IS A LITTLE DIFFERENT THAN THE ONES WE'VE SEEN BEFORE. 'CAUSE THERE IS NO OTHER STRUCTURE ON THE OTHER SIDE OF THE PROPERTY LINE THAT WOULD POSE KIND OF A FIRE HAZARD. AND SO I SEE THIS ONE AS, AS A, A DIFFERENT SITUATION THAN THE CASES WE'VE SEEN PRIOR. AND SO I JUST WANTED TO MAKE THAT CLEAR WITH, UH, AND THEN, AND THEN, AND THEN IT'S JUST CONTINUING THE EXISTING, UM, PROPERTY LINE, RIGHT? SO THAT CONDITION'S ALREADY EXISTING, WE'RE JUST MERELY KIND OF SQUARING UP THE BUILDING AND I SEE THE HARDSHIP. IF YOU WERE HAVING TO JOG IT OUT THREE FEET, THEN YOU'RE JOG IT INTO THE DRIVEWAY AND YOU WON'T HAVE ANY ACCESS TO THE BACK OF YOUR PROPERTY. YEAH. SO THAT CREATES A PROBLEM. UM, EXACTLY. UNDERSTOOD. PLUS IT'S, AND, AND PLUS THE SURVEY SHOWS ADDITIONAL. IT'S NOT JUST TO THE FENCE. IT'S, IT'S BEYOND THAT. OKAY. UM, ANY OTHER QUESTIONS? HEARING NONE? LET'S HAVE A MOTION PLEASE. I'LL READ IT. OKAY. . NOBODY ELSE WANTS TO DO IT. REGARDING CASE NUMBER BO A DASH 23 DASH OH 3 2 97, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A FOUR FOOT TWO INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ADDITION TO BE 10 INCHES FROM THE SITE SETBACK SITUATED AT 7 35 GLADSTONE STREET. APPLICANT BEING ASHLEY CHINES BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF, OF THE REVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. HOLD A SECOND SPEC. I'M SORRY. JUST SPECIFICALLY WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS REPRESENTED BY MINIMUM SIDE SETBACK REQUIREMENTS AS THEY ENSURE THAT BUILDINGS ARE POSITIONED A SAFE AND SUITABLE DISTANCE FROM PROPERTY LINES. STAFF FINDS A FOUR FOOT, TWO INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW STRUCTURE TO BE 10 INCHES FROM THE SIDE. PROPERTY LINE IS NOT CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS A SIDE YARD IS LIMITED IN ROOM WITHOUT GOING INTO THE SIDE SETBACK. STAFF FOUND SPECIAL CONDITION EXISTING ON THE PROPERTY OF THE EXISTING NON-CONFORMING STRUCTURE, HAVING A SIMILAR SETBACK. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE REQUESTED VARIANCE WILL OBSERVE THE SPIRIT OF THE ORDINANCE AS IT WILL MATCH THE EXISTING NON-CONFORMING STRUCTURE FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE SPECIFIC 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, THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. WHILE THERE ARE STRUCTURES IN THE AREA WITH A REDUCED SETBACK, THE 10 INCHES WILL NOT INJURE THE APPROPRIATE [05:25:01] USE OF THE ADJACENT CONFORMING PROPERTY SHALL THEY DECIDE TO BUILD ON THEIR FIVE FOOT SET DECK. THIS REQUEST WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED AS OTHER STRUCTURES IN THE AREA HAVE A REDUCED SIDE SETBACK. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS STORED IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT IN GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. SECOND. SECOND BY COMMISSIONER MANA. WAIT. OH, MORE? MORE. I THINK THERE WAS ONE MORE. UM, 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. THE PLIGHT OF THE OWNER FOR WHICH THE ALTERNATE RECOMMENDATION IS MADE IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE CURRENT LOCATION OF THE STRUCTURE. END OF MOTION. SORRY. SECOND NOW. COMMISSIONER KAPLAN. YEAH, I'LL BE FOR THIS BECAUSE THE EXISTING HOUSE IS, IS THE SAME AND IT WOULD MAKE SENSE FOR YOU TO FOLLOW THE EXISTING LINE OF THE HOUSE AND NOBODY IN THE NEIGHBORHOOD, YOUR NEIGHBORS ARE NOT OBJECTING. SO YES. COMMISSIONER HANNA. UM, WHILE LOOKING AT, UM, I AGREE WITH MY COLLEAGUE THEN WHILE LOOKING AT THE, UH, THIS BLOCK FACE, OR ACTUALLY THIS BLOCK, I SEE AT LEAST ANOTHER DOZEN HOMES WHERE THEY FOLLOW THE SIMILAR LOT LINE AND EXTEND, UH, UH, ALONG THOSE PROPERTY LINES. SO IT LOOKS LIKE THIS IS HOW THIS COMMUNITY WAS KIND OF DEVELOPED, UH, WHEN IT WAS FIRST ESTABLISHED. SO I DON'T SEE THIS BEING ANY DIFFERENT, UH, THAN SOME OF THE OTHER EXISTING HOMES THAT ARE ALREADY THERE. SO I'LL BE VOTING IN FAVOR. ALL RIGHT. ANYONE ELSE LIKE TO ADD? ZUNA? COMMISSIONER ZUNA. I ACTUALLY COMMEND THE APPLICANT FOR COMING BEF TO THE BOARD FIRST BEFORE BUILDING . IF YOU SAW SO MANY TIMES THEY YES SIR. BUILD AND THEN START. SO COMMEND YOU FOR DOING THAT. THANK YOU SO MUCH. AND WAITING. YES. AND WAITING. YES. AND WAITING. AND WAITING. Y'ALL GOT HARDER JOBS THAN I DO. OH GOD. . SO THAT, LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BURNIN. I CONCUR. COMMISSIONER DEAN. I CONCUR. COMMISSIONER ROS. OH, COMMISSIONER ZUNIGA CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER ZUNA? YES, I CONCUR. CHAIR ORIAN. AND I CONCUR WITH THE FINDINGS OF FACT. NINE TO ZERO MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. SOMEBODY FORGOT TO ADD. OH, THE VOTE. YOU DIDN'T CALL ME . I'M, I'M SORRY. UH, UM, COMMISSIONER . COMMISSIONER NEED, I'M SORRY, I CONCUR. NOW IT'S NINE TO ZERO. NOW IT'S NINE TO ZERO. CONGRATULATIONS. YES, SIR. THANK YOU SO MUCH. YOU'RE WELCOME. HAVE A GOOD DAY. Y THANK YOU FOR YOUR SERVICE. THANK YOU. NO, THANK YOU ALL A CHICK-FIL-A YEAH. GRAB A CHICK-FIL-A BEFORE HE CHICK-FIL-A. NO, NO, I'M FINE. I'M FINE. THANK YOU. Y'ALL HAVE A GOOD NIGHT. THANK YOU. THANK YOU. BYE. OKAY. UNLESS THERE'S STAFF NEEDS TO SAY SOMETHING, WE'LL BE ADJOURNING THIS AT SIX 50. HAPPY THANKSGIVING. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.