* 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. WELL, [00:00:01] IT'S 1 0 2. I'M CALLING THIS MEETING TO ORDER. UH, IF WE CAN HAVE THE SPANISH INTERPRETER COME OUT, PLEASE. THANK YOU VERY MUCH. UH, STAFF IF YOU COULD PLEASE CALL ROLL COMMISSIONER BARTON. HERE. COMMISSIONER MR. BHI. PRESENT ALL. COMMISSIONER KAPLAN. HERE. COMMISSIONER DEAN PRESENT. COMMISSIONER CRUZ. HERE. COMMISSIONER ZUNIGA. PRESENT. COMMISSIONER MANA PRESENT. COMMISSIONER AVIVE PRESENT. COMMISSIONER BRAGMAN PRESENT. COMMISSIONER ZUNA. MR. EZ. HERE, CHAIR ORIAN AND I'M PRESENT. SO WE HAVE A QUORUM. IF EVERYONE COULD PLEASE, UH, JOIN ME WITH THE PLEDGE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA IN TWO REPUBLIC FOR WHICH STANDS UNDER GOD INDIVISIBLE FOR LIBERTY AND JUSTICE FOR ALL. HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD ONE. AND INVISIBLE. 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. THIS BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY NUMBER, WHICH WITH THE NAME OF THE APPLICANT AND THE STREET ADDRESS. FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT. LASTLY, AS CHAIR, I'LL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS. I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS THE CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING. WE ARE PRIVATE, UH, CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL. THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELEASE SOUGHT, AND WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS THAT HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE IN 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, A 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 AN APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING THE REQUEST FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 5. IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY THE CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY'LL BE QUESTIONED BY THE MEMBERS OF THE BOARD. ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER. AFTER EVERYONE HAS HEARD THE CASE, IT WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION. IN ORDER FOR A MOTION TO CARRY. IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER THE PRESIDENT OR NOT, WHICH IS NINE VOTES. THE BURDEN OF PROOF IN GRANTING THE RELIEF SOUGHT RESTS WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL. SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW. BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S. DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS OF YOUR CASE STAFF AND GOOD AFTERNOON. STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST PRIOR TO PRESENTATION. INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OF SPECIAL EXEMPTION AND PROPERTIES WITHIN 200 FEET OF THE SUBJECT PROPERTY. CHECK MARK INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION. FOLLOWING THIS PRESENTATION IN QUESTIONS FROM BY THE BOARD, THE APPLICANT WILL PRESENT THE REQUEST FOR THOSE TO SIGN UP TO SPEAK FOR OR AGAINST A PROPOSED VARIANCE OR SPECIAL EXEMPTION. YOU'LL BE CALLED AN ORDER TO SIGN TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALL ALLOWED OF MAXIMUM, UH, THREE MINUTES PER SPEAKER AND YOU'RE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION FOR THOSE I WOULD LIKE TO GIVE WITH THEIR TIME TO A SPEAKER. THAT SPEAKER WILL BE ALLOTTED MAXIMUM OF TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH AN OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU, CHAIRMAN. YES. UM, I ALSO WANTED TO GIVE, UH, [00:05:01] UH, JUST SOME INSTRUCTIONS TO THE COMMISSION THAT, YOU KNOW, IN THE PAST YEAR OR SO WHEN STAFF WOULD GIVE US OUR PRESENTATION, WE WOULD SEEM TO OPEN UP INTO COMMISSIONER QUESTIONS AND WE'RE GONNA KIND OF TAME THAT DOWN A BIT. UM, IT INITIALLY STARTED TO BE FOR CLARIFICATION PURPOSES, BUT, BUT I THINK WE'RE GONNA WAIT TILL AFTER, UH, THE APPLICANT HAS A CHANCE TO SPEAK TO SEE IF THIS HELPS STREAMLINE THE MEETING A LITTLE BIT JUST TO LET EVERYONE KNOW WHAT'S, UH, I'M GONNA BE DOING. SO ITEM NUMBER ONE, PLEASE. OKAY. UM, THIS BO OA CASE IS A CONTINUANCE FROM THE NOVEMBER 20TH CASE. SO, GOOD AFTERNOON. MY NAME IS JUANA PLANNING WITH DEVELOPMENT SERVICES. ITEM NUMBER BO A DASH 23 DASH 0 3 0 0 2 98. APPLICANT, MARIAN SANCHEZ IS REQUESTING FOR A PARKING ADJUSTMENT TO WAIVE THE ONE REQUIRED OFF STREET PARKING SPACE FOR A SHORT-TERM RENTAL LOCATED AT 1611 NORTH PALMETTO ZONED 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 CURRENTLY NO ACTIVE SHORT-TERM RENTAL PERMITS ON THE BLOCK. THE SHORTTERM RENTAL ORDINANCE STATES THAT AN OFF STREET PARKING SPOT SHOULD BE PROVIDED TO PROVIDE PROVIDED TO QUALIFY FOR A 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 THEIR ORIGINAL PERMIT GRANTED ON SEPTEMBER 29TH, 2020, BUT EXPIRED ON SEPTEMBER 29TH, 2023. THEIR CURRENT RENEWAL CAN BE APPROVED WITHOUT RELIEF FROM THE BOARD OF ADJUSTMENT. THIS IS THE SIDE PLAN OF THE PROPERTY SUBMITTED AT THE TIME OF THE APPLICATION. THIS IS THE SUBJECT PROPERTY AND THE NEXT FEW SLIDES ARE THE NEIGHBORING PROPERTIES AND SURROUNDING AREAS. THERE ARE SEVEN UNITS PRESENT ON THE BLOCK FACE. THE SUBJECT PROPERTY WAS BUILT IN 1917 BY UTILIZING THE NORTH 38.88 FEET OF THE ABUTTING PARCEL TO THE SOUTH STATE LAWS REQUIRING PLATING FOR THE DEVELOPMENT OF SUBDIVIDED LAWS DO NOT EXIST UNTIL JUNE 14TH, 1927. STAFF RECOMMENDS DENIAL AND BO OA DASH 23 DASH 0 3 2 98 FOR A PARKING ADJUSTMENT TO WAIVE THE ONE REQUIRED OFF STREET PARKING SPACE FOR A SHORT-TERM RENTAL. 24 NOTICES WERE MAILED OUT. ZERO IN FAVOR, ONE IN OPPOSITION AND THERE WAS NO RESPONSE FROM THE GOVERNMENT HILL ALLIANCE NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES THE PRESENTATION. APPLICANT IS HERE TO ANSWER ANY QUESTIONS. ALRIGHT, THANK YOU VERY MUCH. LET'S HAVE THE APPLICANT COME FORWARD. UM, AND YEAH, STATE YOUR NAME AND TELL US ABOUT YOUR CASE. HI, COMMISSIONERS. SO ONE ITEM MISSING IS THAT I ACTUALLY BROUGHT IN FOUR LETTERS FROM MY NEIGHBORS, INCLUDING MY IMMEDIATE NEIGHBOR IN SUPPORT OF THIS CHANGE. UM, I'M TRYING TO COMPLY WITH THE PARKING SPACE. A COUPLE OF WEEKS AGO I CAME AND YOU ALL SAY, WELL, DID YOU TRY AND SEE IF YOU COULD BUILD A PARKING SPACE? AND I WAS REALLY TROUGH BY THE QUESTION, BUT, BUT I WAS EXCITED TO THE OPPORTUNITY TO RESEARCH AND COME BACK AND I, I DONE EXTENSIVE RESEARCH. WHAT I FIND OUT, I SUBMITTED WHAT IT WAS CALLED AT THE TIME, A CLEAN SURVEY TO A STAFF. AND I ALSO COMMUNICATED WITH MANY BUILDERS AND SMALL COMPANIES IN SAN ANTONIO. MOST OF THEM DID NOT ANSWER OBVIOUSLY BECAUSE OF THE HOLIDAYS, BUT A COUPLE DID. AND BOTH OF THEM PROVIDED A QUOTE ON HOW MUCH WILL IT COST TO BUILD, UH, A PARKING SPACE. HOWEVER, AND THE QUOTE WAS SIMILAR, HOWEVER, NONE OF THEM COULD SAY THAT THEY COULD ACTUALLY BUILD ONE BECAUSE THE SIZE OF THE SPACE THAT WE HAVE IS NOT SUFFICIENT FOR THE PARKING SPACE. AND I REMEASURE EVERYTHING THIS MORNING JUST TO MAKE SURE THAT THE, THE SURVEY SEEMS TO BE RIGHT. AND I TRIED TO FIGURE THE, THE MEASUREMENT AND WITH MY RESEARCH, IT DOESN'T LOOK LIKE I COULD BUILD A PARKING SPACE. DO YOU HAVE THE, HAVE YOU PROVIDED THOSE LETTERS AND SUPPORT TO STAFF? I DID. AND THEY WERE PRESENTED TWO WEEKS AGO. OKAY. AND THEN ONE OF THE QUESTIONS THE BOARD HAD TO YOU PREVIOUSLY WAS WHAT WAS THE DISTANCE BETWEEN THE SIDE OF YOUR HOME AND THAT FENCE? TELL ME, TELL ME SLOWLY AGAIN, SORRY. OKAY, UH, THE DISTANCE BETWEEN THE SIDE OF YOUR HOME, THE SIDE OF AND THE FENCE, [00:10:01] WHAT SIDE ARE FOUR SIDES? UH, IF YOU'RE ON THE STREET, IT'S ON THE RIGHT SIDE. FIVE AND A HALF. OKAY. THE DISTANCE BETWEEN THE FENCE AND THE HOUSE, IS THAT WHAT YOU'RE ASKING ME? YES. YOUR SURVEY HAS A DIMENSION OF, OF FIVE AND A HALF FEET, BUT, BUT HOW MUCH IS IT TO THE FRONT OF THE HOUSE WHERE IT'S MUCH WIDER? ONE OF THE, ONE OF THE QUESTIONS THE BOARD ASKED WAS FOR YOU TO MEASURE, I I NEED SOMEBODY TO COME AND SHOW ME HERE WHAT'S THE MEASUREMENT BECAUSE I DON'T UNDERSTAND WHAT YOU'RE ASKING ME. I DID MEASURE EVERYTHING AND I WILL BE ABLE TO ANSWER. OKAY. WHAT I NEED SOMEONE FROM A STAFF TO POINT AND SAY, THIS IS WHAT YOU'RE ASKING ME. 'CAUSE I DON'T UNDERSTAND DIRECTIONS. THAT'S OKAY. ASK YOU FROM HERE TO HERE. 'CAUSE YOU, YOU'RE OH YEAH, FROM HERE TO HERE. I GOT IT. OKAY. THANK YOU. THANK YOU. MM-HMM, IT IS 1, 2, 4, HOWEVER, THERE IS ALSO 1 24 INCHES. THERE IS ALSO, UM, GAS LINE THAT IS LOCATED A LITTLE OVER 17 INCHES WITHIN THAT SPACE. SO I SUBTRACTED 1 24, MANUS 17, GIVE AND TAKE. AND IT GIVE ME A TOTAL OF 1 0 7. OKAY. SO THAT IS, THAT IS, UH, EIGHT FOOT, UH, FIVE INCH, UH, FIVE INCHES. YEAH, I WAS GONNA DO THE DIVISION BY 12, BUT OKAY. AND THAT'S LESS THAN THE NINE FOOT, UH, MINIMUM WIDTH OF A PARKING SPACE, SO THAT'S CORRECT. ALL RIGHT. SO, UM, WE'RE GONNA, UH, SEE IF THERE'S ANY QUESTIONS FROM THE COMMISSION. ANY COMMISSIONER QUESTIONS? NOPE. OKAY. IS THERE ANY, UH, ONE SIDE OF HIS SPEAK? ANY VOICEMAILS? THIS IS NO PUBLIC, NO PUBLIC COMMENT. ALL RIGHT. THANK YOU VERY MUCH. UH, YES, COMMISSIONER, CAN YOU RECEIVE THE LETTERS OF SUPPORT? SURE, YES. UM, I, I SUBMITTED THEM LAST WEEK AND, AND STAFF, ARE THEY PART OF THE PACKAGE? UH, ARE THEY, ARE THEY AVAILABLE? I MEAN, A COUPLE OF WEEKS AND US SCANNED THEM. YEAH, WE RECEIVED AN EMAIL THIS MORNING WITH, UH, PUBLIC COMMENTARY. DO YOU RECALL IF THEY WERE IN THOSE PDFS OR DO YOU HAPPEN TO HAVE ONE OF THE LETTERS WITH YOU? NO, BECAUSE THE STAFF SCANNED THEM TWO WEEKS AGO AND THEY WERE ON THE SCREEN. I DIDN'T THINK I NEED TO BRING THEM AGAIN. WERE THEY COUNTED? WERE THEY, WERE THEY PART OF THE, UH, SUPPORTER, UH, COUNTS THAT WE RECEIVED? THEY'RE TRYING TO PULL 'EM UP RIGHT NOW. I'M NO SIR. OH, OKAY. ONE OF THE LETTER IS FROM MY IMMEDIATE NEIGHBOR AND WE SHARE PROPERTY LINE AND THE OTHER ONES ARE WITHIN THE 200 FEET. SHE'S SHORT. MR. CHAIRMAN? YES. COMMISSIONER ZUNIGA ON THE RIGHT HAND SIDE? MM-HMM? . IS THERE ENOUGH ROOM FOR A CAR? YEAH, THAT'S WHAT, UH, SO BETWEEN THE GAS METER AND THE FENCE, THERE'S EIGHT FOOT NINE INCHES, SO IT DOES NOT MEET THE MINIMUM NINE FOOT FOOT PARKING SPACE. UM, AND SO THAT'S WHERE WE'RE AT. IT'S BECAUSE THE GAS LINE EASEMENT RIGHT? IS WHAT WE'RE CONCERNED ABOUT. WELL, THERE'S A GAS METER, CORRECT? THE GAS METER. OKAY. YES. OH YEAH. OH, WAIT A MINUTE. ISN'T THAT KIND OF IN THE BACK? MM-HMM. IT'S, IT IS SET BACK A LITTLE BIT, BUT IT, IT HAS TO BE. GIMME ONE SECOND. I'M, I'M PULLING 'EM OUT FROM LAST WEEK. OH, IT WAS ACTUALLY LIKE TWO WEEKS AGO. I'M GONNA CHECK MY PHONE TO SEE WHAT WAS PART OF THAT PDF WE GOT. OKAY. WELL IF, UH, TO KEEP THINGS MOVING ALONG, UH, SINCE THERE'S NO OTHER ADDITIONAL QUESTIONS AND THERE'S NO ONE SIGNED UP TO SPEAK, WE'RE GONNA MOVE ON, UH, TO, UH, A MOTION IF A COMMISSIONER WOULD LIKE TO MAKE ONE. GONNA, YOU COMMISSIONER BENES. DO I SEE IT? YES. OKAY. REGARDING CASE NUMBER BO A 2 3 1 0 3 0 0 2 7 0. NOPE. [00:15:18] REGARDING CASE NUMBER BO 8 2 3 1 0 3 0 0 2 9 8, I MOVED THAT THE BOARD OF ADJUSTMENT RAN A REQUEST FOR A PARKING ADJUSTMENT TO WAIVE THE ONE REQUIRED OFF STREET PARK PARKING SPACE FOR A SHORT-TERM RENTAL UNIT SITUATING AT SITUATED AT 1611 NORTH PALMETTO. APPLICANT BEING MARIAN SANCHEZ BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WERE, THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISION OF UNITED OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY. THE BOARD FINDS THAT THE REQUEST TO OPERATE AN ADDITIONAL SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE ENDANGER THE PUBLIC HEALTH, SAFETY, OR WELFARE. THERE IS NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY. THE SPECIAL EXCEPTION DOES NOT BE THE SPECIAL EXCEPTION, DOES NOT CREATE A PUBLIC NUISANCE. THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE A PUBLIC NUISANCE WOULD BE CREATED IF AN ADDITIONAL SHORT-TERM RENTAL PERMIT WAS APPROVED. SEE, THE NEIGHBORING PROPERTY PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROP PROPOSED USE. THE NEIGHBORING PROPERTIES CONSISTS OF SINGLE FAMILY STRUCTURES. THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WILL SUBSTANTIALLY NEIGHBORING PROPERTY AS A TYPE TWO SHORT RENTAL, SHORT-TERM RENTAL, D, ADEQUATE UTILITIES, ACCESS, ROADS, STORM, STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACILITIES HAVE BEEN OR ARE BEING PROVIDED. THE SUBJECT PROPERTY PRO PROVIDES OFF STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE. E THE APPLICANT OR OWNER FOR THE SPECIAL EXCEPTION, DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES, CONFIRMED CITATIONS OR ADJUDICATED DEFENSES, CONVICTIONS OR VIOLATIONS OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITHIN ONE YEAR. PRIOR TO THE DATE OF THE APPLICATION, THE APPLICANT DOES NOT HAVE ANY HISTORY OF REVOCATION, CITATIONS, OR CONVICTIONS FOR VIOLATIONS OF CHAPTER 16 F THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE PROPERTY, THE SUBJECT PRO PROPERTY IS LOCATED IN CLOSE PROXIMITY TO OTHER RESIDENTIAL WITH THE PROPERTY OWNER PROVIDING OFF STREET PARKING AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY. THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION END OF MOTION. ALRIGHT, IS THERE A SECOND? SECOND. WE HAVE A SECOND BY COMMISSIONER BRAGMAN. UH, COMMISSIONER BENAVIDES. I'M IN SUPPORT OF, UH, OF THIS MOTION BECAUSE OF THE LIMITATIONS TO THE PROPERTY. UM, AND BECAUSE IT'S, IT'S NOT GOING TO, UM, HINDER ANY, UH, PARKING IN THE NEIGHBORHOOD. I'LL BE IN SUPPORT OF IT. ALRIGHT, COMMISSIONER BRAGMAN, I'M GONNA BE IN SUPPORT AS WELL. UM, THIS HOUSE WAS BUILT BEFORE MOST PEOPLE HAD CARS. UM, AND SO UNFORTUNATELY SHE'S IN A SITUATION WHERE THE HOUSE IS, UH, BUILT ON A LOT THAT'S SMALL AND WON'T ACCOMMODATE AN OFF STREET PARKING SPACE. UM, SO, AND BECAUSE THE SUPPORT OF THE NEIGHBORS AROUND HER, UM, I'LL BE IN SUPPORT. ALL RIGHT. ANY OTHER COMMISSIONERS LIKE TO ADD? YES. UH, COMMISSIONER BARRINGTON, I GUESS THIS IS SORT OF A FRIENDLY AMENDMENT. UH, THE RESOLUTION SPEAKS OF, UH, THERE BEING OFF STREET PARKING AND THAT IS EXACTLY THE PROBLEM, THAT IT IS IMPOSSIBLE FOR THE APPLICANT TO PROVIDE OFF STREET PARKING. RIGHT. SO THE, THE, THE, THE REQUEST IS TO WAIVE THAT OBLIGATION. WELL, THE, THE RESOLUTION, THE WORDING OF THE RESOLUTION IS FALSE. IT NEEDS TO BE CORRECTED. OKAY. UH, WELL WHAT WOULD YOU SUGGEST? UM, UNDER ITEM D, UH, THE SUBJECT PROPERTY DOES NOT ALLOW OFF, DOES NOT HAVE SPACE TO ALLOW OFF STREET PARKING, BUT APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE. AND, UM, UNDER ITEM F, PARAGRAPH F, UM, WITH THE PROPERTY OWNER BEING UNABLE TO PROVIDE OFF STREET PARKING, UH, AND SO ON [00:20:01] THE, OKAY, I AGREE WITH THAT. IS, UH, COMMISSIONER BENAVIDEZ, IS THAT ACCEPTABLE AS A MAKER? YES. COMMISSIONER BRAGMAN? YES. ALL RIGHT. SO WE'LL HAVE THAT DULY CHANGED. THANK YOU VERY MUCH, COMMISSIONER. UH, BARRINGTON, THAT MAKES PERFECT SENSE. UH, LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER BES. I CONFIRM COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRETON? I CONCUR. COMMISSIONER RHI? I CONCUR. COMMISSIONER KAPLAN? I CONCUR. COMMISSIONER DEAN, I DO NOT CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER ZUNIGA? I CONCUR. COMMISSIONER, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BONNIS CONCUR, CHAIR ORIAN AND I CONCUR. A MOTION PASSES 10 TO ONE. UH, CONGRATULATIONS. DO YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF? OKAY. UH, ITEM NUMBER TWO, PLEASE. SO FOR ITEM NUMBER TWO, THERE IS A ZONING ISSUE. SO WE WOULD REQUESTING TO POSTPONE THAT UNTIL THAT ZONING ISSUE IS RESOLVED. OKAY? UH, DO WE NEED TO MAKE A MOTION TO CONTINUE OR IS IT GONNA BE CONSIDERED A POSTPONEMENT? IT'LL BE READVERTISED. ALRIGHT, SO ITEM NUMBER TWO HAS BEEN, UH, POSTPONED, UH, AT THIS TIME. UM, I'M GONNA BRING UP ITEM NUMBER SEVEN AND THEN EIGHT AS I WILL BE RECUSING AND COMMISSIONER, UH, BRAGMAN HAS A HELM. OKAY, UH, REAL QUICK, COMMISSIONER RAHI, UM, ARE YOU ABLE TO GET YOUR CAMERA UP? IT'S SHOWING AS, AS ACTIVE ON MY SCREEN. LIKE I SEE THE PREVIEW IN THE CORNER, BUT I GUESS IT'S TRYING TO TURN THAT. DO ANYTHING HERE? WE'RE JUST SEEING A BLANK RIGHT NOW. AS A NOTE, WHEN HE IS SPEAKING, I AM SEEING HIS SCREEN POP UP, UH, IN THE LIVE, UM, IN THE LIVE SCREEN. UH, PLEASE NOTE THAT IT'S 1 25 AND COMMISSIONER ORIENT HIS LEFT THE MEETING. OKAY. UH, SO GO AHEAD AND PULL UP, UH, THE POWERPOINT FOR NUMBER SEVEN. UM, ALL RIGHTY. UM, ITEM NUMBER SEVEN IS BO BO OA 23 1 0 3 0 0 3 0 1, LOCATED IN 6 27 ESSEX STREET, DISTRICT TWO APPLICANT BEING A DA CONSULTING. UH, SO THIS IS FOR A TWO FOOT VARI FROM THE FIVE FOOT MINIMUM SIDE SETBACK. UM, TO ALLOW THREE FOOT SIDE SETBACK ON THE EASTERN PROPERTY LINE OF LOT 40, UH, ONE FOOT VARI FROM THE FIVE FOOT SIDE SETBACK FOR A FOUR FOOT SIDE SETBACK ON LOT 41, UH, FOR BOTH SIDES, A TWO FOOT VARIANCE FROM THE MINIMUM, UH, FIVE FOOT SIDE SETBACK FOR A THREE FOOT WESTERN PROPERTY. UM, SIDE SETBACK ON LOT 42. A REQUEST FOR THREE SEPARATE STRUCTURES ON AN RMM FOUR AND A FRONT DOOR ORIENTATION. UH, PLEASE NOTE, AND YOU'LL SEE IN THE SITE PLAN THAT ITEMS ONE, TWO, AND THREE IS FOR ONE PLAN ITEM FOUR AND FIVE IS FOR ANOTHER, UM, ZONED RM FOUR. NEXT SLIDE PLEASE. UH, THE APPLICANT IS REQUESTING A TOTAL OF FIVE VARIANCES. UM, ITEMS 1, 2, 3 IS FOR A SCENARIO THAT REQUIRES THREE CERTIFICATE OF DETERMINATIONS TO BE ISSUED FOR THE THREE ORIGINAL LOTS, EACH LOT WILL NEED A SIDE SETBACK. THE SECOND SCENARIO WOULD REQUIRE THE APPLICANT TO OBTAIN A VARIANCE FROM THE RN FOUR STANDARD THAT STATES ALL UNITS SHALL BE CONTAINED WITHIN A SINGLE STRUCTURE ON LOSS, LESS THAN A THIRD OF A UNIT. THIS WILL ALLOW THE APPLICANT TO CONSTRUCT THREE SEPARATE STRUCTURES. THE REVIEW BY DSD, UM, IT WAS NOTED THAT THE APPLICANT WOULD NEED TO OBTAIN VARIANCES FROM THE FRONT ENTRY ORIENTATION TO ALLOW A SIDE DOOR CONSTRUCTION OF TWO TO FOUR UNITS, UM, ON LOTS. ONE THIRD OF AN ACRE OR SMALLER SHALL HAVE A FRONT ENTRY ORIENTED TO THE PRIMARY STREET IN WHICH IT IS ADDRESSED ON THE FRONT. WALKWAY FROM THE DOOR SHALL ALSO BE PROVIDED IF ALL REQUESTS. IF ALL REQUESTS OF VARIANCES ARE APPROVED, THE APPLICANT WILL HAVE TWO SEPARATE DEVELOPMENT PATHS TO MOVE FORWARD. THE REDUCED [00:25:01] SETBACK VARIANCES WOULD NOT APPLY TO THE SEPARATE STRUCTURE FRONT DOOR ORIENTATION SCENARIO AND VICE VERSA. NEXT SLIDE PLEASE. SO ON THE LEFT HAND SIDE YOU SEE ITEMS FOUR AND FIVE. THAT IS, IF THIS, THESE THREE LOTS ARE LOC ARE, UH, PLA TO ONE, THEY WILL HAVE THREE SEPARATE STRUCTURES, UM, WHICH IS THE FIRST, UM, UH, WHICH IS VARIANCE NUMBER FOUR, AND THEN VARIANCE NUMBER FIVE, WHICH IS THE FRONT DOOR ORIENTATION. UM, THAT REQUIRES IT TO BE FACING A PRINCIPAL STREET. UM, THAT IS ALSO WHAT THEY'RE ASKING FOR IN THAT FIRST SCENARIO. THE SECOND SCENARIO IS YOU SEE THE THREE SEPARATE LOTS, UM, WHICH WOULD REQUIRE A ATE DETERMINATION AND IT WOULD JUST BE REDUCED SETBACK ON THE RIGHT HAND SIDE FOR LOT 40, BOTH SIDES ON LOT 41 AND LEFT SIDE ON LOT 42. AND AGAIN, IF YOU APPROVE ALL THESE VARIANCES, THE DEVELOPER HAVE EACH ONE OF THESE PATHS TO GO FORWARD, BUT THEY CAN'T OBVIOUSLY GO WITH BOTH OF THEM. NEXT SLIDE PLEASE. SUBJECT PROPERTY AS IT STANDS RIGHT NOW AND SURROUNDING AREAS. ALL RIGHT. STAFF RECOMMENDS APPROVAL FOR, UM, THE SIDE SETBACK VARIANCES, WHICH IS ITEMS ONE, TWO, AND THREE. THE REQUESTED, UH, IS NOT CONTRARY TO PUBLIC INTEREST. THAT'S A REDUCED SETBACKS HAS NOT AFFECTED, UM, THE ADJACENT PROPERTIES AND THE STRUCTURES WILL BE ABIDING BY ALL OTHER BUILDING REQUIREMENTS. NEXT SLIDE. STAFF RECOMMENDS DENIAL FOR THE RMM FOUR AND THE FRONT ORIENTATION, WHICH IS ITEMS THREE AND FOUR, I'M SORRY, FOUR AND FIVE. UH, CONSTRUCTING THE UNITS IN A SINGLE STRUCTURE CAN BE PREVENTING, CAN PREVENT OVERCROWDING ON LOTS, ONE THIRD OF AN ACRE OR SMALLER, NOT PROVIDING FRONT DOOR ENTRY IN THE STREET. UH, PROP PROPERTY IS ADDRESSED OUT OF, UM, IS OUTTA CHARACTER AND CONTRARY TO ADDRESSING REQUIREMENTS AND THE REQUEST TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. NEXT SLIDE PLEASE. 33 NOTICES WERE MAILED OUT. NONE RECEIVED IN FAVOR, OPPOSITION, AND DENVER HEIGHT IS IN OPPOSITION OF THIS REQUEST. NEXT SLIDE PLEASE. AND THIS IS THE LETTER FROM, UM, DENVER HEIGHTS. THEY JUST INDICATED THAT THEY HAD A UNANIMOUS VOTE, UM, NO SPECIFIC REASON WAS GIVEN BESIDES THE UNANIMOUS VOTE. AND THAT IS STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. OKAY, IF WE COULD HAVE THE APPLICANT COME FORWARD, PLEASE, PLEASE STATE YOUR NAME AND PRESENT YOUR CASE. GOOD AFTERNOON. UH, MY NAME IS GARY SANCHEZ AND THIS IS ENRIQUE AERA. AND WE'RE WITH OTTMAN INVESTMENTS. THAT'S IN, UH, DISCUSSION RIGHT NOW. SO JUST TO REITERATE, UM, THE FIRST VARI VARIANCES ONE THROUGH THREE THAT WE'RE TRYING TO WORK THROUGH ARE THE INTERNAL SIDES OF THE PROPERTIES OF 40 AND 42. UM, YOU CAN SEE THEY'RE, UH, THREE FOOT, FOUR FOOT ON EITHER SIDE OF 41. AND THEY, THE VARIANCE OBVIOUSLY IS TO TAKE IT FROM FIVE TO FOUR AND FIVE TO THREE ON THOSE SIDES. WE'VE BEEN REALLY SPECIFIC NOT TO TOUCH THE OUTSIDE, UH, VARIANCES OF THE FIVE FOOT TO NON ENCROACH OR JUST TO BE GOOD NEIGHBORS. UM, ONE THING TO NOTE IS WITHOUT BOA APPROVAL, WE COULD TECHNICALLY DO A 15 FOOT WIDE BUILDING. UH, THE REASON WE ARE ASKING FOR THE VARIANCES IN DISCUSSION WITH OUR DESIGN TEAM, UM, ARCHITECT EXPRESSED, UH, THAT 17 FOOT WIDE, WHICH IS JUST TWO MORE FEET, WOULD ALLOW US TO HAVE A MUCH ROOMIER HALLWAYS, BIGGER BEDROOMS, AND A LOT LESS CRAMPED FEELING TO THE HOME. UM, I'M NOT REALLY GONNA ADDRESS, UH, OPTION NUMBER TWO UNLESS, UNLESS WE NEED TO, UM, AS OUR PREFERENCE WOULD BE OPTIONS OPTION ONE. IN TERMS OF THE DEVELOPMENT, UM, THE BIGGEST THING FOR US, UH, TO ADDRESS IS THE NEIGHBORHOOD ASSOCIATION. SO WE INITIALLY REACHED OUT TO THEM, UM, AS WE'VE PREVIOUSLY DONE ON NOVEMBER 4TH. UM, WE WERE HERE TWO WEEKS AGO FOR A PROJECT CALLED PINE WHERE WE DID SOMETHING SIMILAR. UM, OUR DEVELOPMENTS ARE SOMETHING THAT WE LIKE TO PRIDE OURSELVES ON ARE LESS THAN TWO AND A HALF STORIES. UM, SO MAXIMUM OF TWO STORIES, UH, MORE PARKING THAN, UH, REQUIRED AND THEN A LOT, A LOT MORE GREEN SPACE IN OUR DEVELOPMENTS. THIS MEETS ALL THOSE CRITERIA. UM, WE DON'T KNOW WHY THE NEIGHBORHOOD ASSOCIATION, UH, REJECTED US. WE FOUND OUT THIS MORNING, UH, WE HAVE REACHED OUT TO THEM SEVERAL TIMES VIA PHONE AND EMAIL AND HAVE NOT GOTTEN A RESPONSE FROM THEM. [00:30:01] UM, WE FEEL LIKE WE'RE DOING, UM, THE RIGHT THING BY DEVELOPING THE PRO THE PROJECT, THE WAY, THE WAY WE HAVE IT. LESS INTENSITY. YEAH, LESS INTENSITY. UM, I THINK THAT'S REALLY IT. AND DO YOU WANT TO ADD ANYTHING? NO. YEAH, IN CLOSING THERE ARE THREE DETACHED UNITS ON THREE DIFFERENT LOTS. UM, THEY HAVE A BIG BACKYARD. THEY HAVE, UH, ENOUGH SPACE IN THE DRIVEWAY FOR TWO CARS IN TANDEM. UM, AND ON TOP OF THAT THERE'S A GARAGE SPACE AND THERE'S, UH, ADDITIONAL STORAGE IN THE GARAGE AREAS FOR, FOR MORE, UM, STORAGE FOR THE PROPERTY, PROPERTY RENTALS. SO WE FEEL LIKE WE'RE DOING THE RIGHT THING. UM, AND JUST LOOKING FOR THAT REQUEST. AND WOULD, UM, JUST QUICK CLARIFYING QUESTION. OPTION ONE IS THAT THE ONE ON THE LEFT ON THE SCREEN? THE ONE ON THE, THE ONE ON THE RIGHT. OKAY. THE ONE ON THE RIGHT AND WE HAVE, WE, WE HAVE SECURITY CERTIFICATES OF DETERMINATION AND WE'RE ALSO PURSUING BECAUSE AGAIN, IS THERE A POINTER RIGHT THERE SO YOU CAN PULL. OH, SORRY. UM, LIKE I SAID, UM, WE'RE ALSO PURSUING OPTION NUMBER ONE, WHICH IS THAT ONE ON THE RIGHT, SINCE WE DO HAVE CERTIFICATE OF DETERMINATION AND THIS IS THE ONE THAT STAFF HAS RECOMMENDED, RIGHT? YOU'RE ONLY ASKING FOR SETBACKS IN THE MIDDLE WITHOUT BOTHERING ANY OF YOUR NEIGHBORS. TO THE RIGHT TO THE LEFT. COMMISSIONER ZUNIGA, DID YOU HAVE A QUESTION? COMMISSIONER ZUNIGA, DID YOU HAVE A QUESTION? THANK YOU. OKAY, MANNA, ANY QUESTIONS? COMMISSIONER MANNA. SO, SO, UM, SO ON YOUR PREVIOUS VISITS, IF I, IF I UNDERSTAND CORRECTLY, IT WAS CLOSER TO THE DIALOGUE ON THE LEFT SIDE WITH REGARDS TO HOW THE PROPERTY IS LAID OUT. CORRECT. AND THIS TIME YOU'RE LOOKING FOR SOMETHING CLOSER TO THE RIGHT? I GUESS SO. SO WHY IS THERE A CHANGE I GUESS, IN THE DESIGN? UM, YOU KNOW, TRYING TO ADDRESS SOME OF THE THINGS THAT, UM, UM, THE NEIGHBOR ASSOCIATION IS TALKING ABOUT WITH REGARDS TO THE, THE, UH, IN THE CITY IS DISAGREEING WITH REGARDS TO THE, UH, FRONT DOOR NOT BEING LOCATED AT THE FRONT OF THE HOUSE. SO IT'S WHY THE CHANGE OF DESIGN? YOU WANT ME TO ANSWER? YEAH, GO AHEAD. UM, SO OPTION, OPTION TWO OR THE SECOND ONE, THE ONE THAT IS ON THE LEFT REQUIRES REPRE PLATTING AND AGAIN, UH, ORIENTING, ORIENTING THE FRONT DOOR THAT'S NOT FACING THE MAIN STREET. UM, OPTION ONE GAVE US EVERYTHING THAT OPTION TWO GAVE US. UM, TO BE HONEST, I THINK WE LIKED THE BACKYARD A LITTLE BIT MORE AND HAVING SO MUCH MORE PARKING ALONG THAT, UH, THAT DRIVEWAY, UH, WHICH IS ESSEX ROAD TO THE MAIN STREET? YEAH. YEAH, TO THE MAIN STREET. SO GETTING PEOPLE OFF THIS STREET AND INTO OUR PROPERTY WE LIKED, UH, VERSUS OPTION TWO, YES, WE GET ADDITIONAL PARKING, BUT NOT AS MUCH AS OPTION ONE AND IT WON'T LOOK AS NICE FOR THE AREA LOGICALLY, RIGHT? 'CAUSE YOU'RE ORIENTING IT AGAINST THE FACE OF THE STREET. SO IT'LL LOOK LIKE A SIDEWAYS PUSHED IN BUILDING. SO SIR, YOU NEED TO SPEAK INTO THE MICROPHONE. SO I WAS JUST ADDING THAT OPTION TO THE LEFT. WOULDN'T LOOK AS NICE FOR THE NEIGHBORHOOD LOGICALLY, RIGHT? 'CAUSE YOU'RE THE MAIN STREET IS, IS HERE. SO YOU'RE ENTERING IT, YOU'RE ORIENTING IT SIDEWAYS. THIS JUST LOOKS NICER. HAS MORE PARKING, GREENER SPACE, MORE BACKYARD. IT JUST, JUST A NICER PROJECT. IT'S JUST A NICE PROJECT OVERALL. IT'LL LOOK NICER. ARE THERE ANY OTHER COMMISSIONER QUESTIONS? WELL, I GUESS THE FOLLOW UP TO THE QUESTION FOR, UM, LET'S, NEVERMIND. I'LL COME BACK TO IT. SO THANK YOU. OKAY. ANY OTHER QUESTIONS FROM THE COMMISSIONERS? OKAY. ARE THERE ANY PUBLIC COMMENTS? ONE VOICEMAIL. THE WOMAN OVER THERE THAT JUST RAISED HER HAND, DID YOU SIGN IN IF SOMEBODY WANTED TO SPEAK? UM, I DON'T HAVE ANYBODY SIGNED UP, SO PLEASE COME SEE ME. BUT GO AHEAD AND PLAY THE VOICEMAIL RIGHT NOW. CAN WE HAVE THE UM, SPANISH INTERPRETER INTERPRET THAT FLORES PLEASE. I CAN TELL YOU WHAT SHE'S [00:35:01] SAYING, SHE'S SAYING. SO, UM, UM, WE'LL JUST GET THE SPANISH INTERPRETER. WE'LL HAVE OUR STAFF DO IT. THANK YOU MADAM CHAIR. CAN WE HAVE AN INTERPRETER? THAT'S WHAT I JUST CALLED FOR. THE FAMILY IS A HUSBAND AND A WIFE. THEY SAY THAT THEY ARE NOT, UH, GREEN, THAT THEY ARE GOING TO BUILD APARTMENT THERE. NOT ONLY THEM, ALSO THE NEIGHBORS AROUND THEM. UH, SHE'S GIVING THE ADDRESS AND WE WILL LET YOU KNOW WHAT IS THE ADDRESS. NO PROBLEM WITH THAT. AND ALSO THEY SAY THAT OTHER NEIGHBORS AROUND, THEY ARE NOT AGREEING TO HAVE APARTMENTS THERE THAT YOU, DID SHE STATE WHAT, UM, HER ADDRESS IS? YES. SHE STATE HER ADDRESS AND HER NAME AND THE NAME OF HER HUSBAND. I DIDN'T WRITE IT DOWN. OKAY. CAN WE REPLAY IT SO WE CAN GET THE ADDRESS? 78 2 1 0 IS THE ZIP CODE. THEY ARE NO AGREEING WITH THE APARTMENTS IN THE, IN THE STREET. ESTHER, PLEASE LET US KNOW. I CANNOT GO TO THE MEETING BECAUSE I'M SICK, BUT MY HUSBAND AND ME AND THE NEIGHBORS ARE NOT AGREEING TO FOR THE CONSTRUCTION OF THE APARTMENTS. OKAY, BUT SHE DIDN'T GIVE HER ADDRESS? YES SHE DID. YES SHE DID. I I JUST NEED TO HANG, WHAT CAN I WRITE? CAN YOU THE ADDRESS AGAIN? THE FAMILY IS CAN YOU PLEASE YES, PLEASE. SO SHE CAN GET THE ADDRESS. PABLO NO, SHE DIDN'T GIVE THE ADDRESS. SHE JUST SAID THAT IT IS ON THE BO A EIGHT DASH 23 1 0 3 0 0 3 0 1 AND SHE GAVE HER, UH, ZIP CODE, BUT NOT HER ADDRESS. SO WE DON'T KNOW IF IT'S WITH, BUT IT'S ISIDRA AND PABLO AT SIX 40. WE CAN WE CAN CONFIRM THAT FOR YOU IN JUST A MOMENT. IF YOU'RE SIGNED UP TO SPEAK, PLEASE COME FORWARD. HI, GOOD AFTERNOON. MY NAME IS ELSA GUZMAN AND OUR PROPERTY IS IS AT 6 32 ESSEX. I WAS NOT FULLY AWARE OF WHAT WAS GOING ON. I JUST FOUND OUT THAT THESE ARE GONNA BE RENTAL. AM I CORRECT OR TO SELL? OKAY. THE PROBLEM THAT IN OUR BLOCK WE HAD DISCUSSED ABOUT THIS ZONING MEETING AND THEY WERE VERY UPSET DUE TO THE FACT THAT WE BARELY HAVE ANY PARKING IN OUR OWN FRONT PROPERTIES AS IS. WE HAVE A LOT OF ISSUES WITH ONE OF OUR NEIGHBORS, WHICH SHE ALWAYS PUT CONES ON THE STREET, SO NOBODY WILL PARK THERE. AND HONESTLY, WE, WE DON'T MIND THEM BUILDING SOMETHING, BUT WE WOULD PREFERABLY BE A SINGLE HOME PROPERLY. OKAY. AND IT'S VERY, IT'S GONNA BE VERY INCONVENIENT AS IT IS. OKAY. SO THAT'S MY POINT OF VIEW. I MEAN, I DON'T KNOW WHAT ELSE TO SAY. QUESTION. CAN MR. RAM AGAIN? YES. WHAT YOU'RE STATING IS HERE. IT'S THE PROPERTY OWNERS OR THE BUILDERS HERE. AMBER TOUCHED BASE WITH YOU ALL? NOT TO MY UNDERSTANDING. AND UM, I'M ALWAYS THERE AT MY HOUSE. IM, MY HUSBAND AND I ARE DISABLED AND WE ARE ALWAYS THERE AT OUR HOME. OKAY. AND NOBODY TOUCHED THANK YOU. ASKED US. THANK YOU. BUT YOU RECEIVED A NOTIFICATION ABOUT THIS MEETING TODAY? YES, I DID. OKAY. 'CAUSE YOU'RE WITHIN THE 200 FEET FROM THE SUBJECT PROPERTY. CORRECT. OKAY. THANK YOU. MM-HMM. . IS THERE ANY OTHER PUBLIC COMMENT OR ANYBODY ELSE SIGNING TO SPEAK? KAPLAN? OH, CAN I ASK A QUESTION OF HER? YEAH, LET'S GET THROUGH PUBLIC COMMENT FIRST. IS THERE ANY OTHER, UH, THERE'S NO, NO MORE PUBLIC COMMENT. OKAY. COMMISSIONER [00:40:01] KAPLAN? YEAH. UH, WHAT WOULD BE THE HARDSHIP IF YOU DON'T GET THIS VARIANCE? GO AHEAD. THAT, UH, IF WE DON'T GET THE VARIANCE, THEN WE'LL BUILD THAT 15 FOOT WIDE, WHICH I THINK WILL MAKE IT LOOK A LITTLE MORE BOXY AND, UH, LESS CONVENIENT, BUT ULTIMATELY A, ULTIMATELY A DISSERVICE TO THE PEOPLE THAT, THAT WILL BE LIVING THERE AND BUYING HOUSES BY. RIGHT. WE, WE WILL BE BUILDING THREE UNITS. RIGHT? THE IDEA IS TRY TO MAKE SOMETHING THAT'S MORE FUNCTIONAL AND PRETTY FOR THE UNIT. ONE OF THE COMMENTS THAT SHE MENTIONED IS PARKING. RIGHT? OPTION TWO PROVIDES THREE PARKING SPOTS OFF THE STREET, THE GARAGE, AND TWO MORE, WHICH IS BEYOND WHAT ANYBODY ELSE AROUND US WOULD HAVE. RIGHT? SO EACH HOUSE WOULD'VE THREE PARKING SPOTS MORE THAN ENOUGH FOR THAT SPACE FOR NEVER TO HAVE TO BOTHER ANYBODY ON THE STREET. UH, THAT'S OPTION TWO. DO THE RIGHT LOGICALLY, FIRST OFF. AND THE HARSHNESS SPECIFICALLY, THAT WHICH WOULD BE THE PEOPLE LIVING THERE WOULD BE CONSTRAINED TO A SMALLER HOUSE. TWO AND A HALF STORY. TWO AND A HALF STORIES. YEAH. ULTIMATELY, IF WE HAVE TO HAVE THAT SPACE TO MAKE UP FOR THAT, WHICH NOBODY REALLY WANTS. SO THE IDEA WAS ALWAYS TRYING TO HAVE TWO STORIES. THAT'S WHAT THE NEIGHBORHOOD ASSOCIATION WANTS. AND IN TERMS OF COMMUNICATIONS, OF COURSE WE DID COMMUNICATE WITH THE NEIGHBORHOOD ASSOCIATION. I THOUGHT THAT'S WHAT WE NEEDED TO DO. RIGHT? WE LET 'EM KNOW EXACTLY WHAT WE WERE DOING. UM, NO, WE DIDN'T KNOCK DOOR TO DOOR. I, SO I APOLOGIZE MA'AM. UH UH, HONESTLY, I DIDN'T KNOW THAT. BUT WE DID COMMUNICATE WITH THE NEIGHBORHOOD ASSOCIATION, OF COURSE, LIKE WE'RE SUPPOSED TO. OKAY, THANK YOU. ARE THERE ANY OTHER COMMISSIONER QUESTIONS? I HAVE A QUESTION FOR, UH, COMMISSIONER EZ AND THEN COMMISSIONER CRUZ. SO GUYS, EITHER WAY IT'S GONNA HAVE OPTION ONE OR TWO HAS THREE PARKING SPACES PER UNIT, RIGHT? EITHER WAY. I DON'T THINK OPTION TWO HAS IT. NO. 'CAUSE IT'S GOTTA BE AN OPEN DRIVE. GOTCHA. OPTION TO THE LEFT HAS TWO PARKING SPACES. THE GARAGE ONE IN FRONT, THE ONE ON THE RIGHT HAS THREE BECAUSE IT'S A MUCH LONGER DRIVEWAY. GOTCHA. SO WITH YOUR FIRST OPTION, WE HAVE MORE PARKING SPACES AVAILABLE, WHICH IS, I THINK, WHAT WAS THE ISSUE THAT SHE MENTIONED RIGHT, WAS A, WAS A PARKING ISSUE. SIR, YOU NEED TO SPEAK INTO THE MICROPHONE PLEASE. SORRY, I APOLOGIZE. YES. UH, YES. THAT WAS ONE OF THE, THE HARDSHIPS, WHICH WAS OKAY. UH, THEY CRAMMED ON THE STREET. UH, ALSO ONE THING TO CLARIFY, THESE AREN'T APARTMENTS. AGAIN, THESE ARE SINGLE, THESE ARE F SINGLE FAMILY RESIDENCES. AND OPTION TWO WOULD LOOK LIKE, UH, THERE'S A DEVELOPMENT DOWN ON ESSEX, 7 34 ESSEX WOULD LOOK LIKE, I GUESS WHERE YOU HAVE TO SET 'EM UP LIKE THAT. I GUESS IF ANY OTHER COMMISSIONERS WANNA SEE KIND OF WHAT OPTION TWO WOULD LOOK LIKE, IT'S AT 7 34 ESS SIX. I DON'T KNOW IF YOU GUYS HAVE SEEN THAT DOWN ESSEX STREET. IT, IT, IT'S LIKE THE SECOND OPTION, UM, WHERE YOU LINE UP. THEY'RE LINED UP THAT WAY. UM, BUT OKAY. BUT OPTION ONE GIVES YOU MORE PARKING IS, IS WHERE WE'RE AT, RIGHT? IT DOES, AND IT'S SIMILAR TO, I DON'T REMEMBER THE EXACT STREET, BUT THERE'S ABOUT THREE STREETS TO THE LEFT OF WHERE ESSEX IS. THERE'S THIS DEVELOPMENT ABOUT NINE OR 10 HOUSES THAT ARE KIND OF SHOTGUN STYLE. EXACTLY LIKE THAT. SO THE IDEA WAS KIND OF MAKE IT LIKE, LIKE THE AREA IS KIND OF MOVING TOWARDS. RIGHT. SO YOU HAVE THAT DEVELOPMENT. I DON'T REMEMBER THE STREET EXACTLY. I'M SORRY. I I DIDN'T THINK THOSE AND OURS, OURS ARE SHORTER THOUGH. OURS ARE SHORTER. YEAH. AND OPTION ONE AGAIN GIVES US MORE GREEN SPACE. IT DOES, RIGHT? ABSOLUTELY. OKAY. UM, QUESTIONS FOR STAFF. THEY JUST MENTIONED THAT THEY'D HAVE THE GO OF 15 FEET WIDE AND TWO AND A HALF STORIES. WOULD THEY BE ALLOWED TO DO TWO AND A HALF STORIES? UH, THAT'S THE LIMIT WITHIN, YES. THEY'LL BE ABLE TO DO TWO AND A HALF STORIES. OKAY. COMMISSIONER CRUZ? UM, YES, THEY SAID SOMETHING ABOUT A NEIGHBORHOOD ASSOCIATION, BUT I DIDN'T SEE ANY REPLY FROM THEM. WHICH NEIGHBORHOOD ASSOCIATION DID THEY GO TALK TO? THE DENVER HEIGHTS. DENVER HEIGHTS? YES MA'AM. DENVER HEIGHTS. IT PROVIDED A LETTER. YOU MAY NOT BE ABLE TO SEE IT ON, ON THE SCREEN, RIGHT. SO, BUT THEY'RE NOT, UH, THEY'RE SAYING NO TO THE PROJECT. IS THAT CORRECT? UH, TO THE VARIANCE, THAT'S CORRECT. BUT THEY DIDN'T GIVE ANY EXPLANATION. BUT THEY DIDN'T GIVE ANY EXPLANATION? CORRECT. OKAY. THAT'S WHAT I WANTED TO DOUBLE CHECK. THANK YOU. ARE THERE ANY OTHER COMMISSIONER QUESTIONS? MADAM CHAIR? COMMISSIONER ZUNIGA, MADAM CHAIR? UH, WHAT, I DON'T KNOW IF IT WOULD BE POSSIBLE TO CONTINUE THIS CASE FOR ANOTHER DAY. I'M JUST BRINGING IT UP SINCE THEY HAVEN'T SPOKEN TO THE DENVER HEIGHTS, SUPPOSEDLY THEY HAVEN'T TALKED. THEY HAVE, SO I'M JUST THROWING IT OUT. YEAH, WELL I MEAN THEY, THEY HAVE YOU, YOU SPOKE TO THE DENVER HEIGHTS ASSOCIATION? YES, WE DID. AND AGAIN, WE REACHED OUT TO 'EM MULTIPLE TIMES. UM, THE ISSUE WITH, WITH CONTINUANCE FOR US IS JUST TIMELINE AND DOLLARS. UH, BECAUSE, AND WHEN I SAY WE WERE REACHED OUT TO MULTIPLE TIMES, I THINK IT WAS FIVE OR SIX TIMES, JUST TO GIVE US AN UNDERSTANDING OF WHAT WE NEEDED TO MODIFY BEFORE THIS MEETING. UM, AND WE HAVE NO, NO [00:45:01] RESPONSE WHATSOEVER. AND IF WE DO END UP WITH A CONTINUANCE THAT PUSHES OUR PROJECT BY A COUPLE OF MONTHS. SO IT'S A, IT JUST, IT'S A HARDSHIP ON US TO PUSH IT THAT FAR. I DON'T HAVE NO PROBLEM WITH A PROJECT, BUT OKAY. I'LL WITHDRAW IT. OKAY. THANK YOU. ANY OTHER COMMISSIONER QUESTIONS? AND JUST TO CLARIFY, WE DID, UH, VERIFY THAT EMAIL, OR I'M SORRY, VOICEMAIL CAME FROM SIX 40 ESSEX, WHICH IS WITHIN 200 FEET. THANK YOU ANA, UH, COMMISSIONER, ANA, ANA. SO, SO YEAH. SO REST BACK TO THE QUESTION THAT NOW I FORGOT EARLIER. IS, UM, FOR THE APPLICANT HERE, DID YOU, WHEN YOU SPOKE TO DENVER HEIGHTS, UM, DID YOU BRING, WAS IT ALL OF THESE SCENARIOS OR HOW DID YOU KIND OF GO THROUGH THE CONVERSATION, YOU KNOW, SO THAT, UH, YOU KNOW, WHAT WAS IT THAT THEY'RE VOTING NO AGAINST, I GUESS, WAS IT THE WHOLE PROJECT HERE THAT YOU WERE WORKING WITH OR, OR WHAT PART OF IT? THEY NEVER RESPONDED TO EITHER. EITHER OPTIONS. SO THEY SAW BOTH THE VARIANTS, WHICH WE, WE DON'T REALLY UNDERSTAND WHY THEY WOULD HAVE AN ISSUE WITH INTERNAL VARIANCES THAT DON'T AFFECT ANY OF THE NEIGHBORS. BUT WE ASKED THAT QUESTION. AND THEN WITH OPTION TWO, WITH GOING WITH THE SIDEWAYS DEVELOPMENT, UM, IT FOLLOWED THE SAME, YOU KNOW, INSPIRATION THAT WE HAD ON THE PINE STREET DEVELOPMENT THAT HAD MORE PARKING, UH, MORE GREEN SPACE, TWO STORY ONLY. UM, SO LESS INTENSITY. SO WE JUST ASSUMED THEY WERE GOING TO APPROVE BOTH. UM, BUT WE NEVER HEARD ANY PROS, CONS, UH, CHANGE REQUESTS, ANYTHING BACK. IS PINE IN DENVER HEIGHTS OR IS IT INDIGNITY? IT'S INDEN. IT'S IN DENVER HEIGHTS. OKAY, THANK YOU. SO THEY DIDN'T HAVE ANY ISSUE. THEY WERE IN FAVOR. THEY WERE IN FAVOR. THAT'S THAT'S CORRECT. AND HENCE THE SPIRIT OF, RIGHT, THEY'RE IN FAVOR OF, OF THE IDEA OF LIMITING EVERYTHING TO TWO SPACE, HAVING MORE PARKING, RIGHT, HAVING GREENER SPACE, HAVING LESS INTENSITY IN THE COMMUNITY, LESS IMPACT, RIGHT? YOU HAVE, YOU'RE NOT AFFECTING OFF STREET PARKING 'CAUSE YOU'RE OFFERING MORE PARKING. NO ONE WANTS TWO AND A HALF STORY MONSTROSITIES APPARENTLY. SO THAT'S KIND OF THE SPIRIT OF EVERYTHING WE'RE WE'RE DOING AND THIS ONE AND PROBABLY THE NEXT ONE THAT YOU'RE GONNA HEAR AND SO ON AND SO FORTH. EVERY TIME WE BRING A CASE, RIGHT, BECAUSE THE NEIGHBORHOOD ASSOCIATION HAD ALREADY EXPRESSED THAT THAT'S WHAT THEY WANT. TWO STORIES MORE PARKING GREENER AREA, RIGHT? THAT, THAT, THAT SORT OF MEASURED LESS INTENSITY. THAT'S HOW YOU'RE GONNA SEE BASICALLY ALL OUR PROJECTS FOLLOW THAT MOLD, WHICH WE WOULD ASSUME IS WHAT EVERY NEIGHBOR WANTS. INSTEAD OF PUTTING, YOU KNOW, STACKING AS MANY UNITS AS YOU'VE SEEN CASES AROUND CONSTANTLY STACKING UNITS GOING, UH, ASKING FOR THREE STORY HEIGHTS OR GOING TO THE MAX OF TWO AND A HALF EVERY SINGLE TIME. LIMITED PART. I MEAN, WE'RE TRYING TO CREATE A GOOD REPUTATION THAT IS OUR UNDERSTANDING AND, AND BUILD, YOU KNOW, APPROPRIATELY FOR WHAT IS PROPER FOR THE COMMUNITY. SO THANK YOU. SO THIS IS AMANDA AGAIN. UM, SO I GUESS THE QUESTION THAT YOU, THAT I'M HAVING RIGHT NOW IS, YOU KNOW, AND I APPRECIATE YOU WANTING TO ENGAGE, YOU KNOW, IN, IN BUILDING RIGHT? WITH THE NEIGHBORHOOD, BUT, BUT IF I HAD A NEIGHBORHOOD NOT IN AGREEMENT HERE, YOU KNOW, AND YOU KNOW, SO IT SEEMS, IT SEEMS LIKE THAT THAT CROSS THAT THAT, UH, CROSSROAD WASN'T REACHED YET AND THE THRESHOLD WASN'T REACHED YET. AND SO, UM, YOU KNOW, SO I'M GONNA HAVE PROBLEMS, YOU KNOW, KIND OF GOING FORWARD WITH THIS WITHOUT HAVING THAT COMMUNITY ENGAGEMENT AND THE COMMUNITY AGREEMENT. AND SO JUST, JUST TO GIVE YOU A HEADS UP AND I, AND SO I, I DO THINK THAT MAYBE THE OPTION OF, OF, UH, CONTINUING THIS CASE TO MAYBE NEXT OUR NEXT MEETING SO IT ISN'T DELAYED THAT MUCH. UH, MAYBE FROM MY PERSPECTIVE, A BETTER OPTION FOR US. OKAY. IT'S GONNA, IT'S GONNA PROBABLY HOW DO YOU FLOW OVER INTO THE NEXT JOB? WE CAN MOVE FORWARD AS PRESENTED OR IF YOU'D LIKE, WHAT'S THE NEXT DATE FOR? CAN WE, CAN WE GET, UH, SPECIF, UH, SOME SPECIFICS OF WHAT WE NEED TO COME IN WITH AT THE NEXT MEETING? ESPECIALLY IF WE DON'T HEAR BACK FROM THE NEIGHBORHOOD ASSOCIATION. COMMISSIONER AMANA, DID YOU, WHAT, WHAT IN ADDITION DO WE NEED TO PROVIDE? BECAUSE I HAVE EMAILS AND PHONE LOGS AND STUFF, UH, BEGGING FOR US TO HAVE A, A MEETING. I THINK A BETTER UNDERSTANDING OF WHY THE, UM, NEIGHBORHOOD ASSOCIATION IS OPPOSED IF, IF THEY'VE ALREADY APPROVED A PROJECT THAT'S SIMILAR TO THIS, A BETTER UNDERSTANDING OF WHY THEY'RE DENYING THIS ONE. IS THAT WHAT I'M HEARING FROM THE COMMISSIONERS? YEAH, AND I THINK YOU'LL MAYBE GO AHEAD COMMISSIONER AMANDA. THAT'S OKAY. GO AHEAD MR. MANA. SO I WOULD SAY THAT WE CAN ALSO ENGAGE WITH THE CITY STAFF TO REACH OUT TO MAYBE, UM, THE, THE CONTACT WITHIN, UH, THE NEIGHBORHOOD ASSOCIATION ITSELF. AND THEN IF WE NEED TO ESCALATE, WE CAN BRING IN THE COUNCIL PERSON, YOU KNOW, UM, YOU KNOW, AS APPROPRIATE. 'CAUSE I THINK, YOU KNOW, ALL THREE OF THOSE ARE PARTNERS, YOU KNOW, WITH YOU AND, [00:50:01] AND ARE OPTIONS FOR YOU. AND, AND ALL THREE OF THOSE CAN HELP. UH, STAFF CAN DEFINITELY FACILITATE, UM, OR AT LEAST HELP FACILITATE IF YOU'RE HAVING ISSUES CONTACTING THE, UH, NEIGHBORHOOD ASSOCIATION. WHEN'S THE NEXT MEETING HERE? THAT'S WHAT I'M 18TH OF DECEMBER. 18TH OF DECEMBER. I MEAN WE CAN BUILD TWO WEEKS, A TWO AND A HALF STORY ROLL. WE DON'T NEED THE NEIGHBORHOOD ASSOCIATION FOR THAT. MADAM CHAIR. COMMISSIONER ZUNIGA, UH, THE LETTER THAT WE, UH, GOT FROM THE DENVER RIGHTS ASSOCIATION IS DATED TODAY. WAS IT RECEIVED TODAY? I BELIEVE IT RECEIVED THIS MORNING BEFORE 10 O'CLOCK. OKAY. RIGHT BEFORE THE DEADLINE. WE GOTTA TAKE THAT IN HERE THOUGH. AND OKAY. DO YOU HAVE ANY EMAILS THAT HE SENT OUT OR ANYTHING LIKE THAT? I DON'T HAVE 'EM PREPARED FOR ME RIGHT NOW. I'LL HAVE TO FIND IT. BUT WHAT INFORMATION ARE YOU LOOKING FOR, COMMISSIONER? WE DID WELL WHAT, WHAT HAPPENS IS THAT IF WE CAN FOR THEM TO GO ON WITH A PROJECT, YOU KNOW, WITH, UH, WHAT THE OPTION ONE AND OPTION TWO. I MEAN WE SHOULD DO IT AS SOON AS POSSIBLE FOR THE JOB SITE, THE TIMETABLES AND THE LEGS. SO I CONTINUOUS LIKE HE SAID MADAM MR. CHAIR, I WOULD AGREE WITH IT. OKAY. SO THE APPLICANT HAS A, UM, CHOICE IF YOU WILL, IF YOU WANNA CONTINUE TO THE 18TH OR IF YOU WANNA WITHDRAW AND, AND YOU KNOW, WHAT YOUR OPTIONS ARE IN TERMS OF, YOU KNOW, 15 FEET WIDE, TWO AND A HALF STORIES. YEAH, MY, MY ONLY CONCERN IS WE DON'T HEAR ANYTHING FOR TWO WEEKS AGAIN. SO, UM, 'CAUSE IT'S BEEN A MONTH, UM, OF US REQUESTING IT, SO YES, AND WE DID, WE HAD, JUST TO ANSWER A QUESTION THAT WE HAD, WE, WE HEARD FROM THEM THAT IT WAS A NO AND WE STARTED MESSAGING EMAILS. YOU GOT GUEST AN EMAIL TODAY AND WE CAN FIND THAT I'M SURE AT SOME POINT AND SEND IT OFF, BUT, SO THAT'S KIND OF THE ISSUE. UM, DID YOU SAY THAT THAT STAFF WOULD HELP FACILITATE? YES. OKAY. THAT WOULD HELP US FOR SURE. OKAY. MADAM SHARE. SO YES. WELL ONE OF THE PEOPLE IN OPPOSITION IS HERE THAT YOU COULD TALK TO 'EM NOW AND YOU KNOW, AFTER THE MEETING. WELL, IF IT'S A CONTINUOUS IT'S THE NEIGHBORHOOD ASSOCIATION THAT IS THE CONCERN. I THINK WE'VE HEARD THE PUBLIC COMMENT, SO, UM, AND WE'VE GOT THAT ON RECORD. UM, BUT AT THIS POINT IT'S THE NOT KNOWING WHY THE NO NEIGHBORHOOD ASSOCIATION, UM, IS OPPOSED IS WHAT I'M HEARING FROM THE COMMISSIONERS IS TO, UM, WHY THEY HAVE CONCERNS AND THAT THEY, THEY WOULD CONSIDER A CONTINUANCE AS A THEN LET'S DO THAT. IF YOU GUYS, THAT'S BETTER. I WOULD JUST ADD TO THAT. YOU COULD ASK US TO TAKE A VOTE NOW AND, BUT I THINK WE HAVE 10 COMMISSIONERS AND YOU NEED NINE COMMISSIONERS TO APPROVE IT AND, AND WE'RE ALREADY . YEAH, I ALREADY HEARD YEAH, TWO COMMISSIONERS BASICALLY TELLING ME IT'S A, A SMART IDEA TO CONTINUE. SO I'LL LISTEN TO THE ROOM LOGICALLY AND IF THAT'S OKAY, WE'LL, WE'LL CONTINUE. OKAY. CAN I HAVE A MOTION TO CONTINUE? SO MOVED. CAN I HAVE A SECOND? SECOND, SECOND. NAY. OKAY. UM, WELL WE HAVEN'T VOTED YET. CAN WE JUST TAKE A, A VOICE VOTE? ALL THOSE IN FAVOR SAY AYE. AYE. AYE. NAY. AYE. ALL THOSE OPPOSED? SAME SIGN. OKAY, SO THE MOTION TO CONTINUE IS APPROVED NINE TO ONE TO DECEMBER 18TH. YES MA'AM. THANK YOU. ALRIGHT, GO AHEAD AND PULL UP UH, CASE NUMBER EIGHT, PLEASE WATCH OUT. ALRIGHT, GOOD AFTERNOON. THIS ITEM NUMBER EIGHT AT 8 0 3 SOUTH PALMETTO STREET COUNCIL DISTRICT TWO APPLICANT BEING A DA CONSULTING GROUP. THE REQUEST IS FOR ONE, A VARIANCE TO ALLOW TWO SEPARATE STRUCTURES ON AN RMM FOUR THAT IS LESS THAN ONE THIRD OF AN ANCHOR AND TWO, A TWO FEET SIX INCH VARIANCE FROM THE MINIMUM 20 FEET GARAGE SETBACK TO ALLOW A 17 FOOT SIX INCH GARAGE FRONT SETBACK. THE ZONING IS RMM FOUR RESIDENTIAL MIXED. THE SUBJECT PROPERTY IS LOCATED ON THE CORNER OF SOUTH PALMETTO STREET IN VIRGINIA BOULEVARD, WEST OF SOUTH NEW BRAUNFELS AVENUE AND THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION. THE LOT IS CURRENTLY EMPTY. PRIOR TO CONSTRUCTION, THE APPLICANT IS REQUESTING A VARIANCE FROM RMM FOUR STANDARDS TO HAVE TWO SEPARATE STRUCTURES ON A SINGLE LOT MULTI-UNIT. CONSTRUCTIONS ON A LOT ONE THIRD OF AN ANCHOR IN SIZE OR SMALLER SHALL BE WITHIN A SINGLE STRUCTURE. THE APPLICANT IS ADDITIONALLY REQUESTING A VARIANCE FROM THE GARAGE SETBACK REQUIREMENT OF 20 FEET FROM THE PROPOSED ATTACHED GARAGES TO BE 17 FEET SIX INCHES FROM THE FRONT PROPERTY LINE. [00:55:01] AND THEN THE SITE PLAN, AND THEN THE SUBJECT PROPERTY, THE VIEW FROM VIRGINIA BOULEVARD SURROUNDING AREA. AND ON THE SEPARATE STRUCTURES ON RMM FOUR UNDER ONE THIRD, THE STAFF RECOMMENDS DENIAL AND BO OA 2 3 1 0 3 0 0 3 2 BASED ON THE FOLLOWING FINDINGS OF FAC. MAINTAINING THE DENSITY OF UNITS BEING CONTAINED IN A SINGLE STRUCTURE CAN PREVENT OVERCROWDING ON SMALLER LOTS AND THE REQUESTS WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. AND THEN THE STAFF RECOMMENDATION ON THE GARAGE SETBACK VARIANCE IS THE STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING FINDINGS OF FACT. THE PROPOSED GARAGES DO NOT APPEAR TO IMPOSE ON THE PUBLIC INTEREST OF ADJACENT NEIGHBORS AS THE STRUCTURES WILL FOLLOW ALL OTHER FRONT AND SIDE SETBACKS AND ABIDING BY THE GARAGE SETBACK REQUIREMENTS WOULD RESULT IN LESS BUILDABLE AREA AND A SQUARE FOOTAGE REDUCTION FOR THE STRUCTURE. WE MAILED 34 NOTICES, ONE IN FAVOR, ZERO IN OPPOSITION. AND THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION. THE ONE THAT WAS, UM, IN FAVOR IS SITUATED BEHIND THE PROPERTY AND THEIR FEEDBACK IS IN THE NEXT SLIDE. THEY, UH, WERE PUT DOWN AS A FOUR. THEY JUST HAD CONCERNS THAT THEY WANTED TO AIR THAT THE, UM, THAT THEY WANTED THE CONSTRUCTION TO BE CLEAN AND UH, THEY WANTED IT TO NOT BE LOUD AS THEY ARE A SHORT-TERM RENTAL. BUT THEY WERE SAYING THAT THIS IS GREAT FOR THE AREA. AND THEN HERE'S THE LETTER FROM DENVER HEIGHTS ALSO RECEIVED TODAY. THAT IS AGAINST IT. THANK YOU. THANK YOU. IF THE APPLICANT WILL COME FORWARD AND STATE YOUR NAME FOR THE RECORD PLEASE. HI, GOOD AFTERNOON. GARY SANCHEZ AND ENRIQUE ARGUE GURA WITH OTTAWA INVESTMENTS AGAIN. UM, CAN WE PULL UP, UM, DO YOU HAVE THIS IMAGE? IF NOT, YOU CAN USE THAT ONE AGAIN WITH MOST OF OUR PROJECTS, UM, WE LIKE TO SHOW WHAT OUR OPTIONS ARE WITHOUT BOA APPROVAL, JUST SO EVERYONE CAN GET THE IDEA OF HOW MUCH WE'RE TRYING TO IMPACT THE, THE GREEN SPACE, THE LACK OF HEIGHT IN, IN TERMS OF BUILDING STORIES AND PARKING AVAILABILITY. SO WITHOUT BOA APPROVAL, WE COULD DO A TRIPLEX AS SHOWN, UM, AND CRAM IT IN THERE. UM, WE ARE HOPING FOR SOMETHING, UH, AS IN, UH, CAN YOU GO BACK TO THIS ONE? THERE WE GO. HI. THERE WE GO. WE ARE HOPING FOR SOMETHING LIKE THIS, UH, SEPARATED UNITS, UH, MORE PARKING. WE ADDED ADDITIONAL PARKING. UH, YOU CAN SEE THE PERMEABLE PAVERS THAT WE ADDED. SO, UH, PERMEABLE PAVERS WILL, WILL HAVE LANDSCAPE ON TOP AS WELL. SO THEY WON'T JUST BE, UM, THEY WON'T JUST BE MORE CONCRETE ADDED. UH, LET'S SEE. SO ONE THING WE'VE DONE WITH THIS DEVELOPMENT SPECIFICALLY IS WE'VE REACHED OUT TO STAFF AT THE CITY TO SEE WHAT OUR OPTIONS WERE TO HAVE THESE ATTACHED, UM, BY PROVIDING A, A COVERED WALKWAY BETWEEN THE TWO. AND WE'VE RECEIVED, UM, APPROVAL AND GUIDANCE ON HOW TO PROVIDE THAT. THE ISSUE WITH IT IS, I FEEL LIKE IT, IT DOESN'T REALLY, UH, ADDRESS THE ISSUE FOR DETACHED LOTS SIMPLY BECAUSE IT'S GOING TO BE DETACHED WITH A SINGULAR WALKWAY CONNECTING 'EM. AND I THINK IT, YEAH, I THINK WE CAN SHOW THAT. UH, DO YOU HAVE THAT IT'S HARD TO SEE THE, THE RED, UM, ATTACHMENT THAT WILL COMBINE THE TWO. SO OBVIOUSLY WE WILL HAVE TO FOLLOW FIRE, UH, GUIDELINES AND CODES REQUIRED FOR THE BUILDINGS TO BE LIKE THIS. BUT WE DID GET, WE DID GET THIS AS AN OPTION IF YOU CAN USE THE POINTER TO POINT AT THAT SMALL AREA THAT YOU HAVE CONNECTED. MM-HMM. . THERE WE GO. THANK YOU. YEAH, RIGHT HERE. AND SO THAT'S A COVERED WALKWAY YOU SAID? YEAH. YEAH. IT, IT'LL HAVE A FOUNDATION, IT'LL HAVE STRUCTURE, UH, IT'LL HAVE A ROOF, UM, AND IT WON'T HAVE ANY WALLS, BUT, UH, [01:00:01] THE EXTERIOR WALLS WILL MEET THE FIRE CODE, UH, REQUIRED TO HAVE THE TWO ATTACHED UNITS. UM, AND IT WOULD JUST LOOK SILLY. I'M, I'M JUST GONNA READ THIS OUT LOUD. SO WE'VE COMMUNICATED THIS PROJECT TO THE NEIGHBORHOOD ASSOCIATION INITIALLY ON NOVEMBER 4TH, AND WE DID RECEIVE AN EMAIL ON, ON 1119 THAT THEY WERE NOT IN SUPPORT, WHICH WAS COMPLETELY PUZZLING TO OUR TEAM AS THEY ARE IN SUPPORT OF SOME SIMILAR DEVELOPMENTS ALONG PINE STREET THAT WE HEARD TWO WEEKS AGO. WE EMAILED THE NEIGHBORHOOD ASSOCIATION ASKING FOR WHAT ELEMENTS OF OUR PROJECT THEY DID NOT LIKE. WE SENT THEM EMAILS ON 11 19, 11 20 11 21. OUR TEAM ALSO ATTEMPTED NUMEROUS PHONE CALLS AND AT LEAST, UH, TWO MESSAGES. OUR DEVELOPMENT IS TRYING TO PROVIDE TWO DETACHED UNITS. WE'RE TRYING TO LIMIT TO TWO STORIES. UM, WE'RE WE HAVE ADDITIONAL PARKING. UH, THE NEIGHBORHOOD ASSOCIATION MEETS ONLY MEETS ONCE A MONTH. IF THEY DELAY THE PROJECT TILL MID-DECEMBER MEETING, THEY WILL EITHER STILL BE OPPOSED OR THEY WILL REQUEST PLAN CHANGES THAT WITH THEIR REVIEW TO VOTE ON IN JANUARY, 2024 MEETING, WHICH WOULD EITHER HAVE NO EFFECT ON TODAY'S MEETING BEFORE THE BOARD OR WOULD DELAY OUR PROJECT UNTIL MID-JANUARY OR LATER BOA MEETINGS. SO OUR ONLY VIABLE OPTION IS TO MOVE FORWARD. UM, THE LAND COST DEVELOPMENT FEES, INVESTMENT INTEREST CARRY OVER TWO MONTHS IS NOT SOMETHING WE CAN AFFORD AT THIS TIME. YOU KNOW, THIS IS WHY OUR TEAM CREATED THREE OPTIONS MOVING FORWARD. UH, SO THAT WE HAD THE ABILITY TO PICK ONE AND WE'VE REACHED OUT TO THEM FIVE, YOU KNOW, FIVE WEEKS AGO, MULTIPLE ATTEMPTS. AND AS OF TODAY, WE STILL DON'T KNOW WHAT ASPECTS, UH, THEY NEED TO GARNER THEIR SUPPORT. THANK YOU. ARE THERE ANY COMMISSIONER QUESTIONS? KAPLAN, KAPLAN, HOW MANY UNITS TOTAL? YOU SAID THERE'S TWO BUILDINGS. ARE THEY FOUR UNITS OR TWO UNITS TOTAL? TWO. SO I'D LIKE TO ADD A, UH, A LITTLE COMMENT, WHICH IS THE SPIRIT OF THE RM FOUR, RIGHT? AND, AND NOT HAVING, HAVING TO HAVE DETACHED UNIT WAS BASICALLY TO COMBAT THE IDEA OF, OF OTHER DEVELOPERS CRAMMING IN MORE UNITS. THAT WAS THE ENTIRE SPIRIT OF WHY THAT PASSED. AS YOU CAN SEE IN ALL OUR PROJECTS, LIKE I MENTIONED, THIS IS GONNA BE A TREND. WE'RE TRYING AND PRECISELY ABIDE BY THAT SPIRIT, WHICH IS LESS INTENSITY, MORE PARKING, NOT TWO AND A HALF, RIGHT? SO, UH, YOU KNOW, FOR SOME REASON THAT REQUIRES US TO BE, YOU KNOW, TO COMPLY WITH THE SPIRIT. IT FORCES US TO BE IN FRONT OF THE BOA, EVEN THOUGH ONE OF THE FEW ACTUALLY TRYING TO COMPLY WITH THE SPIRIT OF THE RULE, WHICH IS TO HAVE LESS INTENSITY, MORE PARKING COMPLY WITH TWO, TWO STORIES, RIGHT, THAT HAVE GREENER SPACE, THAT SORT OF SPIRIT, YOU KNOW, BRING THAT TO THE NEIGHBORHOOD. SO JUST, I JUST WANTED TO POINT THAT OUT. COULD YOU PUT THE, UM, OTHER DOCUMENT THAT THEY BROUGHT SIDE BY SIDE ON THE SCREEN FOR THE COMMISSIONER SO THEY CAN SEE WHAT THE DIFFERENCES IS BETWEEN THE PROPOSED AND WHAT THEY WOULD ACTUALLY BE ALLOWED TO DO BY WRIGHT? YES, MA'AM. ARE THERE OTHER COM COMMISSIONER QUESTIONS? BONNI UH, BONNIS AND THEN, UH, COMMISSIONER ARMANA, WERE ALL THESE OPTIONS PRESENTED TO DENVER HEIGHTS WHEN YOU SENT THEM ALL THE EMAILS AND EVERYTHING THEY WERE, YES. OKAY. AND THEY DIDN'T COME BACK SAYING, HEY, WE LIKE THREE OR ANYTHING, JUST STRAIGHT UP DENIAL, JUST STRAIGHT? NO. OKAY. THAT'S CORRECT. HENCE WHY WE, WE WERE BUGGING 'EM SO MUCH 'CAUSE WE WERE GONNA MEET WITH YOU GUYS AND THE ANSWER WAS GONNA BE WHAT WE'RE, WHAT WE WERE HOPING TO AVOID, WHICH IS I HAVE NO IDEA WHY. AND, AND TO BE TECHNICAL ABOUT THE RESPONSE. THE RESPONSE WAS WITH A DIFFERENT ADDRESS, UM, THAT THEY HAD REFERENCED. UH, THEY'VE SINCE SENT, THEY'VE SINCE SENT AN EMAIL SAYING THEY ARE NOT IN A, AN APPROVAL OR NOT IN SUPPORT, BUT WE WERE HOPING THERE WAS JUST A CLERICAL OR, UH, ERROR ON PROVIDING A DIFFERENT ADDRESS AND NOT OURS. BUT, UH, AS OF THIS MORNING WE WERE INCORRECT. YEAH, AS OF THIS MORNING WE GOT ANOTHER LETTER THAT SAYS NO. OKAY. UH, I HAVE COMMISSIONER ARMANA AND THEN COMMISSIONER KAPLAN. SO THIS QUESTION IS ACTUALLY FOR STAFF. UM, SO, SO YOU'RE RECOMMENDING DENIAL, UH, BECAUSE OF THE DENSITY. UM, UM, AND, AND SO LOOKING AT THESE TWO OPTIONS, YOU KNOW, FOR WHAT IS PERMITTED VERSUS, YOU KNOW, THE, THE TWO, YOU KNOW, THE TWO, TWO UNITS VERSUS THE THREE UNITS, UM, YOU KNOW, IN THE PAST THERE'S BEEN DIALOGUE WITH REGARDS TO THREE UNITS REQUIRING SOME OF THE, SOME OF THREE UNITS ON LESS THAN A THIRD OF AN ACRE. UM, IS, UM, IS THIS THE SAME DIALOGUE, UM, FROM THE CITY'S PERSPECTIVE OR IS THERE SOMETHING ELSE GOING ON? UM, SO THE, THE ARGUMENT THE APPLICANT IS MAKING, UM, WHICH THEY CAN MAKE THAT ARGUMENT ABOUT THE SPIRIT ORDINANCE, UM, THE RULE FOR THE MULTIPLE STRUCTURES IS NOT, IS NOT LIMITING THE NUMBER OF UNITS, THEY'RE JUST LIMITING THE NUMBER OF STRUCTURES. UM, THESE PLANS, I, I, I HAVEN'T REVIEWED THESE. UM, SO I DON'T KNOW [01:05:01] IF, UM, ANY, UH, VARIANCES WOULD BE REQUIRED. UM, I'M NOT SURE WHAT THE DRIVEWAY SPACE IS IN FRONT OF THE PARKING ON OPTION ONE. UM, I BELIEVE IT HAS TO BE AT LEAST 18 FEET FOR IT TO HAVE THE, UH, FOR IT TO COUNT AS ANOTHER PARKING SPOT IN FRONT OF THE GARAGE. UM, JUST OFF THE TOP, THAT'S THE ONLY THING I WOULD BE CURIOUS ABOUT. ARE THE GARAGES TWO CAR OR ONE CAR? HERE, LET ME JUMP IN. UH, SORRY. I DID NOT ADDRESS THE, THE SECOND VARIANCE THAT WE'RE REQUESTING, WHICH IS, I'M JUST GONNA READ IT, A REDUCTION, UH, TO THE 20 FOOT DOOR GARAGE DOOR SETBACK DOWN TO 17 FOOT FIVE. SO TECHNICALLY OUR PROJECT ONLY NEEDS ONE FOOT. UM, AND WE'RE DOING THIS IN CASE, UH, THE PUBLIC SIDEWALK, WHICH WE ASSUME WE'RE GONNA HAVE TO REDO. AND IF THAT EVER MOVED TO THE PROPERTY LINE, UM, WE JUST WANT TO HAVE ENOUGH SPACE. THE, UH, WE WERE HOPING THE BOARD COULD GIVE TWO AND A HALF, MAYBE TWO, MAYBE ONE. UM, ALL OF THAT GIVES US, UH, JUST ADDITIONAL PADDING. WE STILL, WE STILL PROVIDE 18 FOOT FOR A TYPICAL STANDARD PARKING SPACE, EVEN WITH, UH, EVEN WITH THAT OPTION, KAPLAN, WELL, AT THIS POINT, THE, UH, STAFF IS RECOMMENDING APPROVAL ON YOUR GARAGE SETBACK. OKAY. UH, THAT STILL HAS TO BE DETERMINED BY THE COMMISSION. YEAH. AND, AND THE REASON, UM, AND THE DIFFERENCE IS THE, THE REQUEST IS ACTUALLY FOR THE TWO UNITS. SO THEY WOULD NOT NEED THE PARKING SPACE IN FRONT OF THE GARAGE FOR THAT, THE SCENARIO THAT THEY ARE ASKING FOR. THAT'S CORRECT. AND SO, BUT IF THEY'RE REQUESTING OPTION ONE, AT THAT POINT IT LOOKS LIKE IT'S THREE UNITS, WHICH THEY WOULD NEED FIVE PARKING SPACES. SO THAT'S WHEN THE AT LEAST 18 FEET, WHICH I THINK THEY JUST INDICATED THEY WOULD HAVE, WOULD BE REQUIRED. CORRECT. OKAY. UH, KAPLAN QUESTION, UH, IS THE REST OF THE BLOCK ALSO ZONED M FOUR? UH, THIS ONE IS, UM, THE NEIGHBORHOOD LOOKS LIKE IT'S FAIRLY LOW DENSITY FROM THE PICTURES. UM, BUT HAS EVERYBODY GOT THE SAME, SAME ZONING? SO POTENTIALLY THE WHOLE BLOCK COULD LOOK LIKE THIS DEVELOPMENT? UM, SO THE, I BELIEVE THAT'S THE ACTUAL AREA IS ZONED, UM, RMM FOUR, THE WHOLE ZONE, THE WHOLE AREA ZONE. IF YOU LOOK AT THE FIRST SLIDE OF THE PRESENTATION, YOU CAN SEE THE ZONING DESIGNATION. IT APPEARS TO BE ALL RM FOUR. GRANTED, UM, THEY'RE NOT ALL THE SAME SIZE. OBVIOUSLY THE ONES TO THE SOUTH, UM, ARE, APPEAR TO BE A SMALLER, SO THEY CAN'T DO WHAT THEY'RE PRESENTING UP HERE. UM, I DO SEE SOME EQUALLY SIZED TO THE NORTH, UM, BUT MOST OF 'EM ARE NOT THIS SIZE, SO THEY COULD NOT DO THIS SAME, UH, DEVELOPMENT THAT THEY'RE PROPOSING. ARE THERE ANY OTHER COMMISSIONER QUESTIONS? UH, BONIA. SO, MR. BONIA, IT, YOU KNOW, DENVER HEIGHTS HAS AN ISSUE FOR SOME REASON WITH WHAT YOU GUYS ARE TRYING TO DO ON THIS ONE AND THE PREVIOUS ONE. I LIKE WHAT YOU GUYS ARE TRYING TO DO, BUT FOR SOME REASON THE NEIGHBORHOOD ASSOCIATION ISN'T IN FAVOR OF THIS FOR SOME REASON. AND I THINK IT'S BEST THAT WE FIGURE OUT WHY THAT IS. 'CAUSE I, I LIKE WHAT YOU GUYS ARE TRYING TO DO. I LIKE, YOU KNOW, THE, THE GREENER SPACES, THE SEPARATION. I LIKE ALL THAT. FOR SOME REASON DENVER HEIGHTS IS DENYING, YOU KNOW, THIS ONE AND THE PREVIOUS ONE, THEY'RE NOT REALLY GIVING US AN EXPLANATION ON WHY OR YOU GUYS, WHICH IS DIFFICULT, I THINK, FOR YOU GUYS TO MOVE FORWARD, BUT DIFFICULT FOR US TO VOTE. UM, SO I, I DON'T KNOW, MAYBE A CONTINUANCE AGAIN ON THIS ONE UNTIL WE FIND OUT WHAT THE PROBLEM IS WITH DENVER HEIGHTS AND HAVING THESE SEPARATED UNITS. IT'S, ARE THERE OTHER COMMISSIONER QUESTIONS? OH, OKAY. SO I GUESS WE'LL KICK IT BACK TO THE APPLICANT. AND HOW WOULD YOU LIKE TO PROCEED? I MEAN, IN THIS ONE? UM, SO IT WOULD BE A HARDSHIP TO, TO BASICALLY CONTINUE ALL, BOTH PROJECTS. SO FOR THIS ONE, WE WOULD ASK FOR VOTE IF WE GET DENIED. JUST KEEP IN MIND WE'LL JUST DO THAT SILLY THING THAT HAS THE WALKWAY IN THE MIDDLE. 'CAUSE THAT'S ACCORDING TO THE RULES AND REGULATIONS, EVEN THOUGH TWO WEEKS, GUYS. YEAH. DO WE HAVE ANY PUBLIC COMMENT? NO PUBLIC COMMENT. OKAY. IS THERE ANY FINAL THOUGHTS THAT YOU'D LIKE TO SHARE BEFORE WE ASK FOR A MOTION? YEAH. YES, SIR. WE'VE SAID IT MULTIPLE TIMES, AND I JUST WANNA SAY IT AGAIN. WE ARE NOT HERE JUST FOR THE BOTTOM LINE. UH, WE, WE LOVE THE DENVER HEIGHTS AREA. WE'LL HAVE MULTIPLE, UH, PROJECTS IN THE FUTURE THAT ARE GONNA BE THERE. WE WANT THE NEIGHBORHOOD ASSOCIATION TO BE ON OUR TEAM WITH EVERYTHING WE DO. UM, AND AGAIN, WE'RE SORRY THAT WE HAVE TO PUSH THIS INTO A VOTE, BUT WE CAN'T DO IT FINANCIALLY WITH EVERY PROJECT TO, UH, HAVE THAT, HAVE THAT, [01:10:01] UH, SUPPORT ON ALL ALL THINGS, BUT KNOW THAT OUR HEART'S IN THE RIGHT PLACE IN TERMS OF WHAT WE'RE DOING DEVELOPMENT WISE. I'D LIKE TO ADD FOR THE PUBLIC COMMENT THAT THEY WERE WORRIED ABOUT CONSTRUCTION. WE'VE BUILT OVER 10 UNITS CURRENTLY IN THE AREA, AND WE'VE NEVER HAD ANY ISSUES WITH, I MEAN, WE WORK REGULAR ARROWS. WE PICK UP, WE PICK UP AFTER OURSELVES. THAT WAS TO THE INITIAL COMMENT THAT WAS IN FAVOR OF, THEY WERE WORRIED ABOUT THE CONSTRUCTION AND, AND, UH, UM, BEING DIRTY AND MESSY AND THAT SORT OF STUFF. WE'VE NEVER HAD ANY COMPLAINTS. WE BUILD MULTIPLE UNITS IN THE AREA. AND AGAIN, I'LL MENTION DENVER HEIGHTS IS AN EXTREMELY HIGH DEMAND, RIGHT? YOU'RE GONNA SEE MOST CASES TRYING TO DO THREE STORIES, PACKING 'EM IN AS MUCH AS THEY CAN. THEY WON'T ASK FOR A VARIANCE TO, TO BASICALLY PICK 'EM APART, OR ONE OF THE FEW THAT ARE ACTUALLY DOING THAT. WE DON'T HAVE THE NEED. THAT'S NOT EXACTLY HOW WE BUILD. RIGHT? BUT THE PLACE HAS GOTTEN SUCH HIGH DEMAND THAT, YOU KNOW, MOST PEOPLE ARE GONNA PROCEED WITH JUST CRAMMING THREE UNITS, FOUR UNITS AS MUCH AS THEY CAN. AND YOU'RE GONNA CONTINUE SEEING, AGAIN, WE APOLOGIZE TO TAKE SOME TO SO MUCH OF YOUR TIME, BUT YOU'RE GONNA SEE OUR PROJECTS ALWAYS HAVE THIS EXACT SAME FEEL. I MEAN, THIS ISN'T THE LAST ONE. YOU'RE PROBABLY GONNA SEE THREE OR FOUR MORE COMING RIGHT BEHIND US. AND THIS ONE, LIKE MY COLLEAGUE SAID, WE DO APOLOGIZE. WE'LL ASK FOR VOTES SINCE WE CAN'T HAVE BOTH PROJECTS THAT ARE ON THE DOCKET, BASICALLY GET KICKED BACK. RIGHT? SO I UNDERSTAND. I I DO APPRECIATE THAT. BUT WE WOULD GO WITH THAT SILLY OPTION OF, OF PUTTING UP A WALKWAY IN, IN THE MIDDLE TO PROCEED, UH, LEGALLY INCORRECTLY. BUT, YOU KNOW, JUST IF THAT'S SOMETHING YOU GUYS CAN LOOK INTO, RIGHT? THE SAME SPIRIT THAT WE WERE MENTIONING OF TRYING TO DO LESS THAN CITY INSTEAD OF MORE AND MORE PARKING, HAVING TO NEED APPROVAL AND, UH, MEET DENIALS. YES. MADAM CHAIR. YES. COMMISSIONER ZUNIGA. UH, WHAT I, I WOULD LIKE TO PROPOSE IT'S FOR A CONTINUANCE FOR NEXT WEEK, ANN. AND I KNOW STAFF DOESN'T HIS, THEIR JOB, YOU KNOW, THEIR DUE DILIGENCE. BUT WHAT I NEED TO KNOW, OR WHAT I NEED, UH, FOR STAFF TO BE DIRECTED, MS. SHER, IS FOR THE DENVER HEIGHTS ASSOCIATION PRESIDENT, COME ON HERE AND, UH, DISCUSS WHAT THEY DON'T LIKE AND WHAT THEY DO LIKE. BECAUSE ONE SENTENCE, YOU KNOW, HERE IS WE DON'T LIKE IT. WELL, , YOU KNOW, SO HOPEFULLY THEY CAN COME IN, YOU KNOW, AND, UH, WE CAN, THEY CAN DISCUSS WITH US WHAT THEY'RE OPPOSED TO, BUT HOPEFULLY, WELL, THE APPLICANT HAS SAID THEY DO NOT WANT, UH, A CONTINUANCE. NO, NOT FOR THIS ONE. UNFORTUNATELY, WE CANNOT, LIKE WE HAVE TWO PROJECTS ON THE DOCKET, RIGHT? SO WE NEED TO PROCEED WITH SOME OF IT WHERE IT BECOMES YOU WANT TO CONTINUANCE, BUT I APPRECIATE IT, AND I UNDERSTAND FOR THE OTHER, WELL, NO, I, I AGREE. WE NEED TO HAVE THE HOMEOWNERS ASSOCIATION HERE, AND I WOULD LIKE TO MOTION FOR A CONTINUATION BECAUSE I DON'T, I NEED TO HAVE WHAT THEIR POINT OF VIEW, UM, WHAT THEY, THEY'RE GONNA GET SOMETHING. SO I JUST NEED TO KNOW WHAT THAT SOMETHING IS AND THAT I'M DOING THE RIGHT THING. DOES THAT MAKE SENSE? WELL, THERE, SO I HAVE A MOTION ON THE TABLE. THEY'RE ACTUALLY NOT A HOMEOWNERS ASSOCIATION. THEY'RE A NEIGHBORHOOD ASSOCIATION. SO, OKAY. WELL, I'M, I'M LOOKING FOR THAT. I AGREE WITH MR. UH, COMMISSIONER O ZUNA HERE. UM, MS. ZUNIGA. OKAY. DO WE HAVE A SECOND FROM THE MOTION TO CONTINUE? I'VE GOT A QUICK QUESTION ACTUALLY FOR THE APPLICANTS, IF YOU DON'T MIND. WAIT, THERE WAS A MOTION THOUGH. SECOND. OKAY. OH, SO ONE SECOND. WE'VE GOT A MOTION ON THE TABLE. DO WE HAVE A SECOND? SECOND. SECOND. OKAY. UM, DISCUSSION. UH, COMMISSIONER RHI, I DO HAVE ONE QUESTION FOR YOU GUYS, JUST BECAUSE I, I, I CAN'T SPEAK FOR THE REST OF THE BOARD, BUT WE ARE GETTING A BIT OF CONFLICTING INFORMATION HERE WITH REGARDS OR AT LEAST CONFLICTING OPINIONS. AND IT WOULD BE WONDERFUL IF YOU GUYS HAVE ANY ON HAND OR IF YOU COULD BRING THEM, UM, FOR AT LEAST FOR THE OTHER, UM, ITEM THAT'S BEING CONTINUED. ANY TESTIMONIALS, EXAMPLES OF PREVIOUSLY COMPLETED PROJECTS, JUST SO WE CAN KIND OF GET AN IDEA, UH, FOR HOW, I GUESS THE PEOPLE, WHETHER THEY'RE LIVING THERE NOW OR WHETHER THEY'RE IN THOSE NEIGHBORHOODS, HAVE FELT ABOUT PROJECTS YOU'VE DEVELOPED IN THE PAST. UM, JUST TO GET SORT OF A, A, A VIEW OF HOW THE AFFECTED COMMUNITIES HAVE BEEN IMPACTED, WHETHER A POSITIVE OR NOT. I MEAN, FOR ME PERSONALLY THOUGH, WONDERFUL TO SEE. ALRIGHT, THANK YOU. UM, SO CAN WE TAKE A ROLL CALL, VOTE PLEASE. COMMISSIONER, DEAN, UH, WE'RE TAKING A VOTE. MR. CHAIRMAN, I, UH, GO AHEAD AND WITHDRAW MY MOTION. OKAY. SO WE NO LONGER HAVE A SECOND? NO, THERE WAS A SECOND. OKAY, MRS. A SECOND. [01:15:01] DR. MARY, SO WE STILL HAVE A MOTION AND A SECOND. SO, SO WE'RE TAKING A ROLL CALL VOTE. I'M GONNA VOTE, UH, FOR THE CONTINUANCE REGARDING CONCUR WITH THE CONTINUANCE. REGARDANCE. COMMISSIONER BARTON? YES. COMMISSIONER RHI? YES. COMMISSIONER KAPLAN? NO. COMMISSIONER CRUZ? YES. COMMISSIONER ZUNIGA? YES. COMMISSIONER MANA? YES. COMMISSIONER BENAVIDES? NO. COMMISSIONER EZ? NO. CHAIR BRAGMAN? NO. THE MOTION DOES NOT PASS FOR A CONTINUANCE. SO NOW WE WILL ASK FOR A MOTION. IT'S, IT'S A SIMPLE MAJORITY FOR A MOTION TO CONTINUE. SO WHAT WAS THE, WHAT WAS THE TALLY? I THINK IT DID PASS SIX. FOUR. SIX TO FOUR. IT DID PASS IT. OKAY. SO, UH, MOTION HAS PASSED TO CONTINUE TO DECEMBER 18TH. YES. YES. 18TH. OKAY. SORRY. IT'S ALL GOOD. THANK YOU GUYS. THANK YOU FOR YOUR TIME. APPRECIATE IT. SEE YOU GUYS ON THE 18TH. THANK YOU. ALL RIGHT, CAN WE GET YES. COMMISSIONER ORIAN BACK, GO AHEAD AND, UH, GET CASE NUMBER THREE. READY. PLEASE NOTE, UH, IT IS TWO 18 AND COMMISSIONER, UH, ORIAN HAS REJOINED THE MEETING. ALL RIGHT, I THINK WE'RE ON ITEM NUMBER THREE. GOOD AFTERNOON. ITEM THREE BO 8 23 1 0 3 0 0 3 0 4. ADDRESS IS 3 0 1 PIEDMONT AVENUE COUNCIL. DISTRICT TWO, APPLICANT IS CIRCLE R VENTURES, LLCA REQUEST FOR ONE, A TWO PARKING SPACE WAIVER FROM THE MINIMUM TWO PARKING SPACE TO ALLOW A DEVELOPMENT WITH NO PARKING SPACES OR TWO, A HALF STORY VARIANCE FROM THE MAXIMUM TWO AND A HALF STORY TO ALLOW MULTI-FAMILY STRUCTURES TO BE THREE STORIES TALL WITHIN THE 50 FOOT RESIDENTIAL SETBACK. ZONING IS RMM FOUR CASE NUMBER, THE SUBJECT PROPERTY IS LOCATED IN THE SOUTHWEST INTERSECTION OF PIEDMONT AVENUE AND WYOMING STREET. A VARIANCE WAS APPROVED ON SEPTEMBER 19TH, 2022 FOR NINE FOOT, SIX INCH FRONT SETBACK, FIVE FOOT REVERSE CORNER, LOT SIDE SETBACK, AND A FIVE FOOT REAR SETBACK. HOWEVER, A HALF STORY VARIANCE WAS DENIED. A 14 FOOT EASEMENT WAS DISCOVERED ON A NORTHERN PROPERTY LINE ALONG WYOMING STREET, WHICH REQUIRED THE DEVELOPER TO RESIGN THEIR PLANS. THE THREE SIZE OF THE EASEMENT REDUCES THE BUILDABLE AREA ALONG THE NORTHERN PORTION OF THE PROPERTY. THE APPLICANT IS REQUESTING VARIANCES THAT IF OWN, IF ONE IS APPROVED, THEY WILL NOT REQUIRE THE OTHER. THIS IS YOUR SITE PLAN, AND THIS IS THE SUBJECT PROPERTY ALTERNATE VIEW OF THE PROPERTY AND THE SURROUNDING AREAS. STAFF RECOMMENDATION, HEIGHT, STRUCTURE, HEIGHT AND PARKING WAIVER STAFF RECOMMENDS DENIAL AND BO 8 23 1 0 3 0 0 3 4. BASED ON THE FOLLOWING FINDINGS, THE REQUESTED VARIANCES WILL CREATE TOWERING DEVELOPMENT THAT WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. AND TWO, THE PARKING VARIANCE WILL CREATE UNNECESSARY PARKING IN THE RIGHT OF WAY. THAT WILL BE CONTRARY TO THE PUBLIC INTEREST NOTIFICATION PLAN. STAFF MAILED OUT 27 NOTICES. ZERO. RETURN IN FAVOR, ZERO RETURN IN OPPOSITION. AND THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION, OF COURSE. AND THERE'S A LETTER FOR DENVER HEIGHTS RIGHT HERE, AND THIS INCLUDES STAFF'S PRESENTATION. APPLICANT IS AVAILABLE IF I COULD MAKE, UH, ONE CORRECTION TO THE PRESENTATION. UM, STAFF IS RECOMMENDING APPROVAL FOR THE HALF STORY VARIANCE DENIAL FOR THE PARKING WAIVER VARIANCE. UM, WE'D HAD A LAST MINUTE CHANGE, UH, RIGHT BEFORE WE PUBLISHED. UH, SO APPROVAL STAFF IS RECOMMENDING APPROVAL FOR THE HA STORY VARIANCE, BUT DENIAL FOR THE PARKING WAIVER. ALRIGHT, LET'S HAVE THE APPLICANT COME FORWARD. PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE. GOOD AFTERNOON. I'M LYDIA [01:20:01] RODRIGUEZ. THIS IS RUBEN RIVAS. UH, AND WE MAKE UP, UH, CIRCLE OUR VENTURES. UM, SO THIS IS OUR, OUR SECOND TIME HERE FOR THIS, UH, THIS PARTICULAR PROJECT WE DID HAVE TO MAKE, UM, A LOT OF ADJUSTMENTS HAVING TO DO WITH, UH, SO WE DID GET, UH, DENIED FOR THE THREE STORY. WE WANTED TO BUILD TWO, THREE STORY HOMES. UH, WE WERE ALLOWED TO BUILD UNIT 2 0 1 ON THE CORNER THREE STORY, AND WE HAD TO KEEP 1 0 1 AT TWO STORIES. UM, BECAUSE ORIGINALLY WE DID HAVE A CARPORT, UH, FOR BOTH OF THESE HOMES THAT WAS GONNA PROVIDE ADEQUATE OFF STREET PARKING. UH, WE WERE DENIED THAT FOR UNIT 1 0 1. AND ADDITION TO THAT, WE, UH, WERE ALSO MADE AWARE OF A 14 FOOT EASEMENT FROM CPS IN THE FRONT OF THE PROPERTY. SO, UM, WE ALSO HAD TO ROTATE THE FLOOR PLANS, UH, THE FOOTPRINT IN ORDER TO MAKE, UH, MAKE IT WORK. AND WE WERE UNAWARE OF THE 20 FOOT REQUIREMENT FOR THE DRIVEWAY, UM, UNTIL RECENTLY WHEN WE WERE TRYING TO GET STARTED AND PULL PERMITS. UM, SO BASICALLY WE, WE ARE ASKING TO EITHER BE ALLOWED TO CONTINUE WITH OUR ORIGINAL PLAN OF THE THREE STORIES SO THAT WE CAN HAVE THE CARPORT UNDERNEATH, HAVE THE ADDITIONAL PARKING, UM, OR GET A VARIANCE FOR THE, UH, FOR THE OFF STREET PARKING. UM, AND I WOULD JUST LIKE TO COMMENT ON THE STAFF'S FINDINGS. UM, THERE ARE QUITE A FEW THREE STORY BUILDINGS, UM, ALONG THAT STREET. UM, MAYBE ABOUT TWO HOUSES DOWN ACROSS IN THAT ENTIRE AREA. THERE ARE, I'D SAY, AT LEAST A DOZEN, UM, THREE STORY BUILDINGS. SO IT, IT IS SOMETHING THAT, UM, IS PRETTY PREVALENT AND, AND I DON'T, UH, QUITE AGREE WITH THE, UM, YOU KNOW, THE FACT THAT IT WOULDN'T FIT IN PER SE. UH, AND AS WELL AS WITH THE PARKING, UM, EVEN THE IMMEDIATE NEIGHBOR ON WYOMING, UM, I, I'M IN CONTACT WITH BOTH OF THEM. IT'S A DUPLEX, UM, PRETTY OFTEN. UM, I ACTUALLY HAVE A LISTING RIGHT NEXT DOOR TO THEM AS WELL. EVERYBODY PARKS ON THE STREET. UM, SO IT'S NOT DESIRABLE, BUT IT IS DONE. IT IS POSSIBLE. THERE IS PLENTY OF SPACE FOR IT. UM, BUT AGAIN, OUR, OUR, UH, WE WOULD REALLY LIKE TO DO THE THREE STORY, BUT AGAIN, THE, IT'S ONE OR THE OTHER, WHICHEVER ONE, UM, THE BOARD FEELS IS, IS BETTER TO GO WITH. OKAY. I'M, I'M GONNA START OFF. UH, SO THE SITE PLAN THAT'S BEFORE US, THIS IS, THIS IS A SITE PLAN BASED ON A THREE STORY STRUCTURE. THIS IS, NO, THIS IS THE UPDATED VERSION, UM, THAT WAS MOST RECENTLY APPROVED. AND THEN WE WERE TOLD OF THE, UH, SO FOR UNIT 1 0 1, THE DRIVEWAY IS ONLY 14 FEET. UM, SO OUR PERMIT WAS DENIED BECAUSE WE WERE TOLD THAT WE HAD TO PROVIDE 20 FEET. BUT ON UNIT 2 0 1, THERE IS A COVER, THERE IS A PARKING SPACE. THERE IS. SO, UM, WHERE IT SAYS AC PAD THERE ON THE LOWER LEFT HAND CORNER, THAT'S ACTUALLY A CARPORT AND A DRIVEWAY. SO, UM, YOU WILL BE DRIVING OR THE HOME BUYERS WILL DRIVE UNDERNEATH THERE AND HAVE OFF STREET PARKING. SO MY QUESTION IS, WHY, WHY ARE YOU ASKING FOR A WAIVER FOR TWO PARKING SPACES? IF, IF UNIT 2 0 1 HAS A SPACE, WOULDN'T IT, THERE ARE TWO SEPARATE STRUCTURES. YEAH, BUT YOU NEED ONE PER EACH, DON'T YOU? RIGHT. SO THERE'S NOT ENOUGH SPACE ON UNIT 1 0 1 FOR, FOR EVEN ONE PARKING BECAUSE THERE, WE WERE TOLD THAT THE DRIVEWAY THAT WE HAVE THERE IN FRONT OF UNIT 1 0 1 IS NOT LONG ENOUGH. I GET THAT. I GET THAT. BUT THE CREST IS FOR A TWO PARKING SPACE WAIVER FROM THE MINIMUM TWO PARKING SPACE. DO THE, IS IT ONLY A ONE PARKING SPACE WAIVER? YEAH. SO AS WE UNDERSTOOD YOUR REQUEST, MA'AM, YOU NEEDED TWO PARKING SPACE WAIVER, THE CARPORT THAT'S INDICATED HERE. IF YOU HAD A, IF YOU DID NOT HAVE THE HEIGHT, YOU WOULD NOT HAVE IT. BUT ARE YOU SAYING THAT EVEN IF YOU DON'T HAVE THE HEIGHT WAIVER, YOU CAN STILL PUT THIS PARKING SPACE ON THE 2 0 1? IS THIS, ARE THERE TWO PARKING SPACES REQUIRED PER UNIT? NO, PER UNIT. ONE PER UNIT. ONE PER UNIT. OKAY. SO THEN IT'S, IT'S A ONE PARKING SPACE WAIVER. I, I APOLOGIZE. I, AND THE OTHER CLARIFICATION IS FOR THE HALF STORY. SO THIS APPLICANT WAS BEFORE US ON, ON A HALF STORY WAIVER ON THIS YES. PARTICULAR PROJECT. YES. IN THE LAST YEAR. IN SEPTEMBER OF 22. OH, OF 22? YES. SO IT'S BEEN MORE THAN A YEAR. YES. IT, IT'S BEEN A LONG PROJECT. WE'VE, WE'VE MET A LOT OF ROADBLOCKS ALONG THE WAY. THE 14 FOOT EASEMENT WITH CPS REALLY THREW US FOR A LOOP. UM, WE'VE SPENT AN ENORMOUS AMOUNT OF, OF FUNDS IN THE MEANTIME, WE'RE LOSING A LOT OF MONEY BECAUSE OF THESE DELAYS AND ALL THESE ISSUES. OKAY. IS AND IS, YOU ONLY WANT THE THREE STORIES ON BOTH OR JUST UNIT 1 0 1? UM, WELL, WE WERE GRANTED THE THREE STORY VARIANCE ON 2 0 1 LAST YEAR. SO WE'RE, WE'RE ASKING TO, UH, BE GRANTED THE VARIANCE ON 1 0 1 AS WELL. OKAY. UM, ANY OTHER QUESTIONS FROM THE COMMISSION? YEAH, [01:25:01] UH, I HAVE A QUESTION ON UNIT 1 0 1. COULD YOU NOT PUT A CIRCULAR DRIVEWAY IN THERE? WE DID TRY AND WE WERE TOLD THAT THERE WASN'T ENOUGH SPACE. SO WE HAVE TRIED, UH, WE'VE KIND OF BRAINSTORMED SEVERAL DIFFERENT OPTIONS OF WHAT WE COULD GO, UM, AND YEAH, WE WERE JUST, THERE'S JUST NOT ENOUGH SPACE. UM, IT'S, IT'S A SMALL LOT. AND, AND AGAIN, THAT 14 FOOT EASEMENT IS REALLY WHAT'S CUTTING INTO A LOT, UH, AND CAUSING MOST OF THESE, THESE ISSUES. UM, WELL, WHAT'S CONFUSING TO ME IS, UH, YOU CAN PARK ON A 14 FOOT EASEMENT, YOU JUST CAN'T PUT A COVER ON IT. SO HOW DID THAT CHANGE YOU PROVIDING A PARKING SPACE? WELL, UM, EMMANUEL, I BELIEVE, UH, IS THE ONE WHO DENIED US FOR THE, UH, THE DRIVEWAY PERMIT BECAUSE HE SAID IT WASN'T LONG ENOUGH. WELL, IT'S, IT'S NOT LONG ENOUGH, BUT, BUT YOUR ARGUMENT IS THAT IT'S THE 14 FOOT EASEMENT THAT'S NOT ALLOWING YOU TO MAKE IT LONG ENOUGH. OH, NO. THE PARKING SPACE. NOT THAT, SIR, I APOLOGIZE FOR CLARIFICATION. UM, I'M JUST SAYING THAT THE 14 FOOT EASEMENT HAS MADE IT HARD FOR US TO, TO WORK WITH THE LOT. OKAY. UM, TO HAVE ENOUGH SPACE TO DO EVERYTHING THAT, THAT WE COULD HAVE BEFORE WE KNEW ABOUT IT. OKAY. UM, DID, DID, UH, DID YOU APPLY FOR A VARIANCE TO CPS TO SEE? WE DID. THAT'S ACTUALLY WHY, WHY IT'S TAKEN AS LONG AS IT HAS. I JUST WANTED TO ASK TO SURE. EXHAUSTED OTHER CONCERNS. YES, WE DEFINITELY DID. WE, UH, WE WORKED ON THAT FOR MONTHS. WE WENT THROUGH SEVERAL DIFFERENT PEOPLE. WE WORKED ALL THE WAY UP THE LADDER AND AT THE END THEY JUST, OKAY. COMMISSIONER KAPLAN, I DON'T UNDERSTAND THAT. IF, IF YOU'RE NOT GOING TO PUT A COVER ON THAT DRIVEWAY, WHY CAN'T YOU JUST BUILD A DRIVEWAY OVER THE CPS EASEMENT AND PARK A CAR ON IT? UM, WELL THAT'S WHAT WE WERE INTENDING TO DO, BUT WE WERE TOLD THAT WE'RE NOT ALLOWED. IT'S, IT COULDN'T BE CONSIDERED A DRIVEWAY, UM, BECAUSE YOU CAN'T, BECAUSE IT'S NOT 20 FEET. BUT CPS COULD HAVE GIVEN YOU THE EASEMENT AND THEN YOU COULD ADJUST FOR THE EASEMENT. NO, THE, SO THE EASEMENT IS WHERE THE DRIVEWAY PRESENTLY IS THE EASEMENT AFFECTED WHERE WE HAD TO MOVE THE HOUSE. SO WE ARE WORKING WITH LESS OF THE LOT. SO IF WE DIDN'T HAVE THAT EASEMENT, WE COULD HAVE POSSIBLY FACED THE, THE FLOOR PLAN ANOTHER WAY AND PUT A DRIVEWAY ON THE SIDE. UM, BUT BECAUSE WE HAD TO ROTATE THE FOOTPRINT IN THE PLANS WE'RE, WE'RE TAKING UP A LOT MORE SIZE HORIZONTALLY. YEAH. SO, SO WHAT IT, WHAT IT LOOKS LIKE IS THAT BECAUSE YOU HAVE A CONSTRAINT OF WHERE THE HOME CAN BE, YOU NEED THE SQUARE FOOTAGE INCREASE CORRECT. TO GO TO A THIRD LEVEL SO THAT YOU CAN TAKE AWAY THE FOOT. YES. WE DON'T HAVE SPACE ON EITHER SIDE TO, TO PUT, UH, TO PUT A DRIVEWAY. YES. SO, SO WE'RE ASKING FOR SPACE UNDERNEATH THE HOME, WHICH IS WHERE THAT HALF STORY VARIANCE WOULD BE COMING FROM. OKAY. YOU'RE TRYING TO BUILD THE SAME THING YOU DID ON UNIT 2 0 1? YES. YES. THAT'S THE MOST PRACTICAL BASED ON, YOU KNOW, NOW WITH THE, UM, OKAY. EVERYTHING, ANY OTHER QUESTIONS? NO, MANNA COMMISSIONER MANNA. SO, UM, SO DECEMBER HEIGHTS IS IN OPPOSITION HERE. UM, DID YOU HAVE AN OPPORTUNITY TO REACH OUT TO THEM AND TALK TO ABOUT YOUR PROJECT AND UNDERSTAND WHY THEY SAID THEY'RE IN OPPOSITION? WE, WE HAD THE SAME, UM, SORT OF RESULT AS THE, THE PREVIOUS, UM, APPLICANTS THEY ARE, ARE NOT RESPONDING TO EMAILS OR PHONE CALLS AND, AND NOT COOPERATING WITH OUR REQUEST FOR, UM, ANY SORT OF EXPLANATION. AND JUST TO ADD IS WITH OUR LAST, UM, APPOINTMENT THAT WE HAD HERE, WE ACTUALLY DID HAVE NEIGHBORS THAT YES. DID APPROVE WHAT WE WERE DOING. YES. SO WE HAD SEVERAL, JUST BECAUSE IT SAYS ZERO ON THIS ONE, THE PRIOR WE DID HAVE IT FOR THE THREE STORY WE DID HAVE, I WANNA SAY IT WAS LIKE FIVE OR SIX OF THE NEIGHBORS THAT DID APPROVE. UH, BUT WE WERE DOING, AND JUST THOSE SHOULD BE ON FILE. AND TO BE CLEAR THAT IF YOU GOT THE THREE STORY YOU WOULD NEED, THE PARKING WAIVER WOULD NOT. CORRECT. YES. IT'S, SO IT'S ONE OR THE OTHER THAT WE'RE ASKING FOR. OKAY. DOES EVERYBODY, WHOEVER MAKES A MOTION CATCH THAT, THAT THEY ONLY NEED ONE OR THE OTHER NEED ONE OR THE OTHER. OKAY. ALRIGHT. SO, UM, IS THERE ANY PUBLIC COMMENTARY ANYONE SIGNED TO SPEAK? NO PUBLIC COMMENT. ALRIGHT. UM, MR. CHAIRMAN? YES. COMMISSIONER ZUNIGA. THEN WE, UH, WITH A THREE STORY, WE STILL HAVE A SPACE FOR PARKING. YES. IF THEY, IF THEY DO THREE STORY, THEY'VE, THEY COULD, WE COULD, UH, NOT, THEY WOULD NOT NEED A VARIANCE FOR THE PARKING. YEAH. ALRIGHT, WELL IF THAT'S IT, UH, WHAT WE'LL DO NOW IS, UH, WE'LL SEE IF, UH, WE LOOK FOR A MOTION. SEE HOW THIS TURNS OUT. I'M LOOKING FOR A MOTION. COMMISSIONER KAPLAN. GOT IT. OKAY. [01:30:01] REGARDING CASE NUMBER BO OA DASH 23 DASH 1 0 3 0 3 0 4, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT REQUEST, UH, IS IT A ONE A TWO PARKING SPACE WAIVER FROM THE MINIMUM TWO PARKING SPACE TO ALLOW A DEVELOPMENT WITH NO PARKING SPACES OR TWO A HALF STORY VARIANCE IN THE MAXIMUM TWO AND A HALF STORY TO ALLOW MULTI-FAMILY STRUCTURES TO BE THREE STORIES TALL WITHIN THE 50 FOOT RESIDENTIAL SETBACK SITUATED AT 3 0 1 PIEDMONT AVENUE, APPLICANT BEING CIRCLE OR VENTURES LLC. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFORMED UNIFIED DEVELOPMENT CODE IS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. STAFF FINDS THESE REQUESTS ARE NOT CONTRARY TO PUBLIC INTEREST, AS A TOWERING STRUCTURE WILL NOT IMPOSE ONTO THE INTEREST OF THE SINGLE FAMILY RESIDENCE. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. 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 THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE STRUCTURE WOULD BE THREE STORIES IN HEIGHT, WHICH OBSERVES THE SPIRIT OF THE ORDINANCE DUE TO THE SIZE OF THE LOT AND THE PROPOSED SQUARE FOOTAGE OF THE STRUCTURE. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS 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 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 IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO A RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE APPLICANT NOT HAVING A SUFFICIENT TIDE FOR THE PROPOSED USE. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION. SECOND. SECOND BY COMMISSIONER BRAGMAN. COMMISSIONER KAPLAN. YEAH. UM, I'LL GO FOR HALF VARIANCES PART, UH, BECAUSE OBVIOUSLY WE'VE HEARD IN PAST TESTIMONY THE DENVER HEIGHTS A SHORTER PARKING SPACES AND WITH ALL OF THE DEVELOPMENT THERE WILL BE MORE SHORTAGE OF PARKING. SO I'D LIKE TO SEE MORE PARKING RATHER THAN THE, UM, THE HEIGHT. COMMISSIONER BRAGMAN, I CONCUR WITH MY COLLEAGUE. EXACTLY. SO I'LL BE IN SUPPORT OF, UH, THE TWO AND A HALF STORY VARIANCE. OKAY. SO I'D LIKE TO OFFER AMENDMENT TO REMOVE, UH, THE PARKING RE THE PARKING VARIANCE FROM THE, UH, MOTION. IS THAT ACCEPTED? ACCEPTED, YES. COMMISSIONER BRAGMAN. OKAY, SO NOW WE HAVE AN AMENDED MOTION THAT ONLY INCLUDES A HALF STORY VARIANCE. AND CAN WE, UM, CAN WE ALSO LIMIT THE HALF STORY VARIANCE TO ONLY UNIT 1 0 1? YES, ABSOLUTELY. YES. COMMISSIONER BRAGMAN. ALRIGHT, SO, SO, UM, IF I CAN INTERRUPT, UM, THE PREVIOUS NON, THE PREVIOUS, UH, VARIANCE, UH, RESULTS DID NOT HAVE ANY APPROVAL FOR ANY THREE STORY VARIANCE. UM, WHICH IS WHY WE DIDN'T LIMIT IT TO JUST ONE BUILDING. UM, I KNOW THE APPLICANT SAID THAT THERE WERE APPRO YOU SAID YOU WERE APPROVED FOR YES. 2 0 1 FOR A THREE STORY, YES. OKAY. DO, DO YOU HAVE A LETTER FROM THE CITY? BECAUSE I'M LOOKING AT THE LETTER THAT WE PROVIDED AND IT SAID THE HALF STORY VARIANCE FAILED. UM, THE SETBACKS WERE APPROVED, UM, BUT THE HALF STORY, UH, FAILED. SO I SUGGEST, UM, UH, CHANGE MY AMENDMENT TO REMOVE THE UNIT REFERENCE FROM THE HALF STORY VARIANCE, JUST TO MAKE IT CLEAR. UH, OKAY. SO THE WAY THAT IT WAS EXPLAINED TO US IS THAT WE WERE, WE COULD BUILD THE ONE ON THE CORNER AT THREE STORIES, BUT NOT THE ONE, UH, THAT WAS GONNA BE UNIT 1 0 1 THAT WAS DENIED BECAUSE, UH, THE NEIGHBOR WAS A ONE STORY. AND SO, UH, MAY I SEE THE LETTER? YES. UM, YES, IT DOES SAY THAT IT WAS FAILED, BUT WE WERE TOLD THAT IT WAS ONLY FAILED ON ONE OF THE UNITS. YEAH, IT'S, IT'S, AND I WHAT'S IN WRITING THAT, YOU KNOW, YOU HAVE TO BE CAREFUL WITH, WITH SOMETIMES WITH WHEN YOU COMMUNICATE, SOMETIMES YOU, IT DOESN'T GET, AND I BELIEVE BEFORE 2003 THEY HAD ENOUGH DISTANCE, UM, FROM UNIT 2 0 1, BUT NOW THEY, WITH THE NEW UDCI WOULD SUGGEST TO KEEP IT CLEAN AND USE BOTH. [01:35:01] SO I REMOVE MY FRIENDLY AMENDMENT. DOES THAT ACCEPT TO COMMISSIONER KAPLAN? YES. OKAY, SO COMMISSIONER BRAGMAN. YES. SO NOW THE MOTION IS SOLE IS FOR A, UH, HALF STORY VARIANCE ON THE ENTIRE, FOR THE ENTIRE PROJECT. UM, AND WITH THAT, IS THERE ANY ADDITIONAL COMMENTARY? I WOULD JUST LIKE TO MAKE A NOTE THAT DOWN THE STREET FROM HERE ON WYOMING, THERE'S A THREE STORY, UM, IF ANYBODY'S SEEN IT ON THE MAPS, YOU CAN SCROLL DOWN ABOUT LESS THAN A BLOCK. THERE'S A THREE STORY STRUCTURE TOO. THREE STORY STRUCTURES, UM, IF YOU KINDA WANNA GET A LOOK OF WHAT IT'S GONNA, WHAT IT'S GONNA LOOK LIKE. AND THERE'S ONE DOWN THE STREET. RIGHT. SO, UH, WITH THAT, LET'S HAVE A ROLL CALL. VOTE. COMMISSIONER KAPLAN. I CONCUR THE FINDINGS OF FACT. COMMISSIONER BRAGMAN. I CONCUR THE FINDINGS OF FACT. COMMISSIONER BURTON, I CONCUR. COMMISSIONER RHI, I CONCUR. COMMISSIONER DEAN, I DO NOT CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER ZUNIGA. I CONCUR WITH THE FINALS OF FACT. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES, I CONCUR. COMMISSIONER UNI, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 10 TO ONE. UM, CONGRATULATIONS. DO YOU HAVE ANY QUESTIONS? THANK YOU VERY MUCH. THANK YOU. I APPRECIATE IT. UH, ITEM FOUR BO 8 23 1 0 3 0 0 3 0 6. ADDRESS IS 7 0 6 MARTIN LUTHER KING DRIVE COUNCIL DISTRICT TWO. APPLICANT IS MADER, M-L-L-C-A REQUEST FOR ONE, A VARIANCE TO ALLOW TWO SEPARATE STRUCTURES ON AN R FOUR THAT IS LESS THAN ONE THIRD OF AN ACRE AND TWO HALF STORY VARIANCE FROM THE MAXIMUM TWO AND A HALF STORIES TO ALLOW STRUCTURE WITH THREE STORIES AND THREE A TWO PARKING SPACE WAIVER FROM THE MINIMUM SIX PARKING SPACES TO ALLOW FOUR PARKING SPACES. ZONING IS RMM FOUR. THE SUBJECT PROPERTY IS LOCATED EAST OF DOWNTOWN FLACKED, FRONT AND BACK BY MARTIN LUTHER KING DRIVE AND GRAVEL STREET AND DRESS STREET ON THE SIDE. THE APPLICANT IS REQUESTING THE VARIANCES IN ORDER TO START CONSTRUCTION. ON THE SECOND STRUCTURE ON THE LOT, THE HIGH VARIANCE IS REQUESTED AS A NEW STRUCTURE IS PROPOSED TO CONTAIN A ROOFTOP TERRACE ABOVE THE SECOND FLOOR AND ALONG THE SIDE OF THE HALF STORY ON THE THIRD FLOOR. THIS IS YOUR SITE PLAN AND YOUR SUBJECT PROPERTY ALTERNATE VIEW OF THE PROPERTY AND YOUR SURROUNDING AREA. THIS IS SOUTH MONUMENTAL STREET FACING NORTH MARTIN LUTHER KING DRIVE FACING WEST STAFF RECOMMENDATION AND SEPARATE STRUCTURES R AND FOUR. AND, UH, HEIGHT AND PARKING STAFF RECOMMENDS DENIAL AND BO O 8 23 1 0 3 0 0 3 0 6. BASED ON THE FOLLOWING FINDINGS, THE REQUESTED VARIANCES WILL CREATE AN OVERCROWDING AND TOWERING DEVELOPMENT THAT WILL ALTER THE CENTRAL CHARACTER TO THE DISTRICT AND TO THE PARKING WAIVER WILL CREATE UNNECESSARY PARKING IN THE RIGHT OF WAY. THAT WILL BE CONTRARY TO THE PUBLIC INTEREST NOTIFICATION PLAN. STAFF MAILED OUT 33 NOTICES. ONE IN FAVOR, ONE IN OPPOSITION AND DENVER RIGHTS NEIGHBORHOOD ASSOCIATION IS OPPOSITION. AND HERE'S A LETTER FROM DENVER HEIGHTS. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. ALL RIGHT, THANK YOU VERY MUCH. LET'S HAVE THE APPLICANT COME FORWARD. IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT AND GOOD AFTERNOON. UH, MY NAME'S FERNANDO BO. UM, SO BASICALLY, UH, AROUND THIS TIME LAST YEAR, UM, THE OWNERS AND, UH, MATT OC THEY ACQUIRED THIS LOT AND THEY DECIDED TO PUT, UH, TWO DUPLEXES ON IT. ONE FACING MLK AND ONE FACING GRAVEL. SO, UH, WITH THE PROPERTY NOT BEING PLOTTED, THE CITY REQUESTED, WE GET A CERTIFICATE OF DETERMINATION FOR THAT DEVELOPMENT. AND, UM, AS SO IT WAS ISSUED, IT WAS APPROVED AND ISSUED FOR, UH, FOUR, FOUR UNITS. UM, SO THEN WE MOVED ON TO ADDRESSING, AND THEN A, UH, WE SUBMITTED THE PROPOSED SITE PLAN, WHICH SHOWED WE DUPLEX FACING MLK ONE FACING GRAVEL AND THE ADDRESSING APPROVED IT AND THEY ASSIGNED, UM, ALL THE PROPER, UM, UNITS. SO THEN, UM, WE WENT AHEAD WITH CONSTRUCTION. WE STARTED WITH GRAVEL FIRST. AS YOU CAN SEE, THE PERMIT NUMBER THERE, IT'S ISSUED. AND YOU SAW IN THE PICTURES IT'S, UH, WELL UNDER CONSTRUCTION ALREADY. UM, SO THEN, UM, THIS YEAR WE, UM, WE APPLIED FOR GRAVEL THIS YEAR AND IT GOT APPROVED. AND AS YOU SAW, IT'S UNDER CONSTRUCTION. THEN WE DECIDED TO MOVE FORWARD WITH MLK. AND THEN THAT'S WHERE THE ISSUE OF THE, THE VARIANCE OF TWO SEPARATE STRUCTURES ON OUR RN FOUR. THE PROBLEM IS WHEN WE APPLIED [01:40:01] FOR OUR COD AND APPROVED ADDRESSING, THAT ORDINANCE WASN'T IN PLACE. SO WE MOVED FORWARD WITH, UM, DESIGN AND CONSTRUCTION WITH THE MENTALITY WE COULD PUT TWO STRUCTURES ON THERE. AND IT IS JUST UNFORTUNATE THAT, YOU KNOW, THAT GOT APPROVED IN 2023 AND I'M SORRY, IN 2022. AND NOW IN 2023 THAT OR THAT NEW ORDINANCE CAME INTO PLACE. SO NOW WE'RE STUCK WITH, YOU KNOW, UM, A DEVELOPMENT THAT WE SPEND THOUSANDS OF DOLLARS ON, INCLUDING FROM STALLS, UTILITIES TO DESIGN, AND INTO THE CONSTRUCTION OF GRAVEL. AND, UM, SO WE'RE BASICALLY ASKING FOR THE VARIANCE NOW ON, YOU KNOW, TO ALLOW THE TWO SEPARATE STRUCTURES. UM, AND IN FOR THE OTHER TWO VARIANCES, THE HALF STORY, YOU KNOW, THAT WAS ALSO PART OF THE NEW ORDINANCE. AND THEN THE, THE TWO PARKING SPACE, UH, VARIANCE AS WELL. I MEAN, I UNDERSTAND ON THE TWO PARKING VARIANCE IF, IF IT WAS A FOURPLEX FACING MONUMENTAL, I GUESS. BUT THIS IS TWO SEPARATE DUPLEXES EACH FACING A D COMPLETELY DIFFERENT STREET. AND IF, YOU KNOW, FOR OTHER DUPLEXES, YOU ONLY NEED TWO UNIT, TWO PARKING SPACES. AND THAT'S WHAT WE'RE PROVIDING FOR EACH ONE OF THESE DUPLEXES. SO, UM, THAT'S BASICALLY OUR CASE THERE. SO YOU, UH, UH, JUST TO CLARIFY FROM STAFF, UM, DOES, DOES A COD LOCK YOU INTO ANY VESTING? THAT'S NOT CONSIDERED SOMETHING THAT NO, SIR. IT WOULD HAVE TO BE A PERMIT UP PULLED OF SOME SORT. OKAY. SO, UM, SO WHAT HAPPENS IS, UH, YOU, IF YOU WANTED TO MOVE FORWARD WITH THE SUBDIVISION PLAT AND BREAK THIS INTO TWO LOTS, THEN YOU WOULDN'T HAVE AN ISSUE WITH THE PARKING OR THE SEPARATE STRUCTURES. UM, BUT YOU KNOW, TO DO IT AS ONE LOT, I MEAN, THAT'S, IT'S, IT'S A REQUIREMENT, SO THAT'S WHY YOU'RE HERE. CORRECT. BUT, UM, I AM CURIOUS ABOUT THE PARKING. SO THE, THE, THE SKETCH THAT'S PROVIDED TO US, I CAN'T NECESSARILY READ ALL THE TEXT. CAN YOU MAKE THAT LARGER? YEAH. IS THIS, ARE YOU PROVIDING A COVER COVERED CARPORT AT EACH CORNER? THAT, THAT'S CORRECT, SIR. OKAY. AND THEN OUTSIDE OF THE CARPORT, WHAT IS THE DISTANCE, UH, TO THE, UH, BACK OF PUBLIC SIDEWALK? I BELIEVE IT'S, UH, OR TO THE PROPERTY LINE, I APOLOGIZE. UH, FROM THE CARPORT TO THE PROPERTY LINE IS 10 FOOT SIX. OKAY. AND HOW DEEP IS YOUR CARPORT? UH, 20 FEET. GOD, IT LOOKS, IT LOOKS SO MUCH LONGER THAN THAT. I'M SORRY, IN THE SKETCH . YEAH, IT'S, IT'S KIND OF STRETCHED OUT AND WE COMPLETELY, UM, WE, WE UNDERSTAND AND RESPECT THE ORDINANCE, BUT WHEN OUR COD AND OUR ADDRESSING GOT APPROVED, YOU KNOW, WE COMPLETELY MOVED FORWARD. YOU KNOW, LIKE ALL THE OTHER DUPLEXES WE HAVE BUILT IN THE AREA AND, UM, AND WE'RE WAY IN UNDER CONSTRUCTION NOW AND WELL, A COD AND ADDRESSING IS NOT A BUILDING PERMIT, THAT'S A PROBLEM. THAT'S, THAT'S ONE PART OF THE PROCESS THAT DOESN'T GIVE YOU ANY RIGHTS TO, TO, YOU KNOW, FOR ANY OF THAT. SO, UM, ARE THERE ANY COMMISSIONER QUESTIONS FOR THIS APPLICANT? I, I JUST HAVE QUESTION COMMISSIONER QUESTION MAYBE FOR THE STAFF. SO, UH, ARE MAYBE THE APPLICANT, YOU SAID THAT THE LAW CHANGED, UH, SINCE YOU STARTED, STARTED THE PROJECT? YES. THE ORDINANCE. AND WHAT'S, HOW DID IT CHANGE? WELL, THE, THE NEW ORDINANCE IN 2023 DOESN'T ALLOW FOR TWO SEPARATE STRUCTURES ON AN RMM FOUR. AND PRIOR TO 2023, YOU COULD HAVE TWO SEPARATE STRUCTURES ON AN RM FOUR. YEAH. OH, I'M TALKING ABOUT THE PARKING, THE PARKING AMOUNT CHANGE. DID YOU KNOW IT DID NOT CHANGE. IT DID NOT CHANGE. OKAY. WELL, BUT THE HALF STORY DEFINITION DID CHANGE. THE NEW DEFINITION DOES NOT ALLOW ROOFTOP TERRACES, SO HE COULDN'T, HE WOULD HAVE TO GET A VARIANCE FROM THE HALF STORY TO HAVE A ROOFTOP TERRACE. YEAH. UM, ON THAT NOTE, UH, IF AN, IF, IF WHEN A MOTION IS MADE, COULD THEY PUT A CONDITION THAT IT'S NOT FOR A FULL, UH, THIRD STORY, BUT FOR A ROOFTOP TERRACE, COULD THAT BE ADDED TO THE YES. THAT'S PART OF THE, UM, SO FOR WHOEVER, UH, MAKES THAT MOTION, JUST TO BE AWARE OF THAT. YEAH. AND THE, IF I MAY ADD, THE OWNERS, THEY'RE, UH, THEY'RE NOT AGAINST THE, THE HALF STORY, YOU KNOW, BECAUSE THE, THE DUPLEX THAT'S BEING CONSTRUCTED ON GRAVEL, THAT'S A TWO STORY DUPLEX AND THEY, THEY WOULD BE FINE BUILDING THE SAME THING ON MLK. OKAY. UH, IS THERE ANY PUBLIC, UH, COMMENTARY YOU WANNA SIGN UP TO SPEAK ON THIS CASE? NO, SIR. ALRIGHT. YES, COMMISSIONER BRACKMAN COULD, COULD STAFF PULL UP THE LETTER FROM DENVER HEIGHTS ASSOCIATION AGAIN SO WE COULD SEE IT AND WE COULDN'T GET FEEDBACK FROM THEM EITHER. I WAS JUST CURIOUS, MELANIE, ARE YOU ABLE TO ENLARGE IT A LITTLE BIT FOR THEM, PLEASE? THAT'S AND STAFF USUALLY, UH, ENGAGES WITH THE NEIGHBORHOOD ASSOCIATION WHENEVER WE GET SOMETHING WITHOUT AN EXPLANATION, BUT WE JUST HAPPEN TO GET THESE, UM, KIND OF LATE THIS MORNING BEFORE THE DEADLINE. BECAUSE IN READING THE LETTER, IT, IT, WHEN IT SAYS INDICATED [01:45:01] THAT THREE STORY STRUCTURES ARE NOT ACCEPTABLE, IT SOUNDS, I MEAN, THEY'RE NOT, YOU'RE NOT TRYING TO BUILD LIVABLE SPACE, YOU'RE JUST DOING IT FOR A ROOFTOP TERRACE, CORRECT? THAT'S CORRECT. YES, SIR. IT JUST SEEMS LIKE THEY, THEY DIDN'T UNDERSTAND WHAT WAS GOING ON OUT THERE AND THERE'S A LOT OF THREE STORY DUPLEXES IN THAT AREA. LIVABLE THREE STORY. OKAY. UM, ANY OTHER QUESTIONS FROM THE COMMISSION? AND UH, UH, I'LL END THIS WITH, HOW BIG IS THIS LOT, UH, SQUARE FOOTAGE WISE? MM-HMM. , UH, I'M NOT SURE. DO THE MATH REAL QUICK. I THINK IT'S LIKE, UH, 5,967. THE, THE ENTIRE SITE IS FIVE. THE ENTIRE LOT. OKAY. YES, CORRECT. SO YOU COULDN'T SPLIT IT UP 'CAUSE YOU NEEDED AT LEAST 4,000 FOR AN RM FOUR. CORRECT. OKAY. AND THE DISTANCE BETWEEN THE TWO STRUCTURES IS HOW MUCH IS THAT? UH, 10 FEET AND, YOU KNOW, AND WE, THE, THE REST OF THE DESIGN COMPLIES WITH EVERY SINGLE SETBACK AND VARIANCE, YOU KNOW, THAT THE CITY REQUIRES. WHAT I WAS WONDERING WAS IS THAT YOU'RE, YOU'RE SHY TWO SPACES AND, AND WITH 10 FEET, I MEAN, YOU COULD PROBABLY SNEAK A LITTLE PARKING SPACE BETWEEN THE TWO BUILDINGS, MAYBE TO GET ONE MORE SPACE IF YOU HAD TO, BUT I'M JUST, I'M JUST LOOKING TO SEE WHAT, WHAT COULD BE DONE. UM, ANY OTHER, BEFORE WE MOVE ON TO A MOTION? IS THERE ANY OTHER, UH, QUESTIONS? HEARING NONE THIS? WELL, WHAT WE'RE GONNA DO IS WE'RE GONNA HAVE A MOTION AND SEE, UH, HOW THIS TURNS OUT. SO WHO'D LIKE TO MAKE A MOTION ON THIS CASE? LET'S GET THIS BALL ROLLING. I I'LL MAKE IT SPECIFY. OH. SO, UM, ON THE HALF STORY OF YOU FOR, FOR THE PURPOSES OF A ROOFTOP TERRACE ONLY. OKAY. MM-HMM, . OKAY. REGARDING CASE NUMBER BOA DASH 23 DASH 3 3 6, I MOVED TO THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR ONE, A VARIANCE TO ALLOW TWO SEPARATE STRUCTURES ON AN RMM FOUR THAT IS LESS THAN A THIRD OF AN ACRE. TWO A HALF STORY VARIANCE FROM THE MAXIMUM TWO AND A HALF STORIES TO ALLOW A ROOFTOP STRUCTURE WITH THREE STORIES AND THREE A TWO PARKING SPACE WAIVER FROM THE MINIMUM SIX PARKING SPACES TO ALLOW FOUR, FOUR PARKING SPACES SITUATED AT 7 0 6 MARTIN LUTHER KING DRIVE APPLICANT BEING TEXAS ASCENDING HOMES. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE REQUESTED VARIANCES IN PARKING WAIVER ARE NOT CONTRARY TO THE PUBLIC INTEREST, AS THEY WILL NOT JEOPARDIZE THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE SIZE AND CONFIGURATION OF THE LOT WOULD NOT ALLOW DEVELOPMENT TO PROVIDE ADEQUATE PARKING SPACES FOR DWELLING UNITS, UH, IN ONE STRUCTURE. AND THE THIRD STORY. THREE. BY GRANTING THE VARIANCE, THE SPREAD OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. DEVIATING FROM THE SINGLE STRUCTURE REQUIREMENT WILL NOT CAUSE THE LOT FROM BECOMING OVERCROWDED. UM, ADDITIONALLY, THE THREE STORY STRUCTURE AND THE REDUCED PARKING REQUIREMENT WILL OBSERVE THE SPIRIT OF THE ORDINANCE. 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 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 CURRENT LOT HAS ADEQUATE SIZE TO ALLOW FOR TWO SEPARATE STRUCTURES. ADDITIONALLY, THE REDUCED PARKING WILL NOT ALLOW FOR THE DEVELOPMENT OF THE STRUCTURE WITHOUT REDUCING THE SQUARE FOOTAGE. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY, WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, 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 THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE APPLICANT NOT HAVING SUFFICIENT HEIGHT FOR THEIR PROPOSED USE. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL. END OF MOTION. LOOKING FOR A SECOND, SECOND. SECOND BY COMMISSIONER BENAVIDES. COMMISSIONER BRAGMAN. UM, YEAH, I'LL BE IN SUPPORT OF THE MOTION. UM, IT SOUNDS LIKE IN ADDRESSING WHAT DENVER HEIGHTS, UM, NEIGHBORHOOD ASSOCIATION, I DON'T THINK THEY QUITE UNDERSTOOD WHAT, UM, THE APPLICANT, UH, WAS REQUESTING. UM, THE FACT THAT, UH, YOU KNOW, THE CODE CHANGED AND SO FROM THE BEGINNING OF HIS PROJECT TO NOW HE'S UNDER DIFFERENT, UM, CIRCUMSTANCES. UM, AND THE FACT THAT HE'S ONLY BUILDING A ROOFTOP DECK, UM, I'M FINE WITH IT. SO I'LL BE IN SUPPORT. COMMISSIONER BEES, I'LL BE SUPPORTING THE MO MOTION AS WELL. I CAN, I AGREE WITH EVERYTHING MY COLLEAGUE HAS STATED ALSO THAT, UM, THAT WHAT YOU'RE DOING IS IMPROVING THE NEIGHBORHOOD. SO I, I'LL BE, UH, IN SUPPORT OF THE MOTION. OKAY. ANYONE ELSE LIKE TO ADD? [01:50:01] I'LL ADD COMMISSIONER KAPLAN. UM, I, I'LL ALSO BE SUPPORTING IT. UM, IT SOUNDS LIKE THE DENVER HEIGHTS ASSOCIATION FOR A GOOD REASON. THE, THE ZONING IS REALLY CHANGING THE, UM, THE NATURE OF THIS NEIGHBORHOOD FROM A LOW RISE ONE FAMILY INTO MULTIFAMILY. AND I UNDERSTAND THAT THEY OBVIOUSLY, PEOPLE WHO LIVE THERE PROBABLY DON'T LIKE IT AND IT IS PROBABLY COSTING DISLOCATION OF EXISTING NEIGHBOR RESIDENTS, BUT, UM, YOU KNOW, YOU'VE GOT THE ZONING THERE AND THINGS ARE GONNA HAPPEN. SO YEAH. COMMISSIONER MANNA. SO, UM, MAYBE A FRIENDLY AMENDMENT. 'CAUSE I THINK THAT, UH, COMMISSIONER BRAGMAN SUGGESTED THAT, UM, THREE STORY TO ALLOW FOR A ROOFTOP TERRACE. AND I'D LIKE TO SAY RESTRICTED ONLY TO A ROOFTOP TERRACE, IF THAT MAKES SENSE. THAT'S FINE. I ACCEPT COMMISSIONER BEES. I ACCEPT. OKAY. DULY CHANGED. THANK YOU. MM-HMM. . THANK YOU. AND, UH, ANY OTHER QUE UH, COMMENTS FROM THE DELIBERATIONS FROM THE COMMISSION? OKAY. HEARING NONE. UH, LET'S TAKE THIS TO A VOTE PLEASE. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BEZ. I CONCUR. COMMISSIONER BRAYTON? I CONCUR. COMMISSIONER RHI? COMMISSIONER RHI. COMMISSIONER KAPLAN? I CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER ZUNIGA. I CONCUR WITH THE FINDING'S OF FACT. COMMISSIONER MANA? I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BONILLA? I CONCUR. COMMISSIONER RHI, CHAIR ORIAN. I CONCUR WITH THE FINDINGS OF FACT. UM, WE, WE HAVE NINE MOTION PASSES. UH, WE'LL JUST LIST, UH, COMMISSIONER RHI AS, AS AN ABSENT ABSENTEE ON THAT ONE. ALL RIGHT. ITEM FIVE. THANK YOU. YES, SIR. WERE YOU GONNA, UH, TAKE A BREAK SO THAT WE CAN FIGURE OUT WHAT'S GOING ON? SURE. MR. . SO WE'RE, WE'RE, UH, WE'RE CALLING A BREAK. WE'LL SEE EVERYBODY BACK IN ABOUT EIGHT MINUTES. ALL RIGHT. RELOAD. WELL, IF EVERYBODY'S BACK, UM, IS IT SAFE TO SAY IS MARIA, HAS COMMISSIONER CRUZ LEFT ALREADY? SHE HAD MENTIONED THAT THREE O'CLOCK SHE NEEDED TO, UH, TO LEAVE. WE STILL NEED A COUPLE MINUTES. UM, OKAY. AND WE WILL NOT HAVE MR. RHI BACK, UM, POTENTIALLY FOR ANOTHER FEW MINUTES. OKAY. HAS, HAS COMMISSIONER CRUZ ALREADY SIGNED OUT? NO, SHE WAS STILL THERE. OKAY. A MOMENT AGO. YEAH, SHE'S HERE. WHAT TIME ARE YOU LEAVING MS. CRUZ? MS. CRUZ. SORRY, I FORGOT TO UNMUTE MYSELF. FIVE 30 OR A LITTLE AFTER, DEPENDING ON WHO WE'RE AT. OH, SHE'S, I THOUGHT I WAS LEAVING. VERY GOOD. THANK YOU. OKAY, TWO. SO DO NEED, DO WE NEED TO WAIT RIGHT NOW OR CAN WE GO AHEAD AND START? WE'RE WAITING RIGHT NOW. WE'RE TRYING TO GET YOU GUYS BACK ONTO, UM, THE SCREEN IN INTERNALLY HERE, SO IT'LL BE A COUPLE MINUTES. OKAY. PERFECT. OKAY, MR. CHAIR, WE'RE READY. OH, THERE'S ONLY ONE SPACE. IT'S 3 0 6. I'M CALLING THE MEETING BACK TO ORDER. WE'RE ON ITEM NUMBER FIVE B OH 8 23 1 0 3 0 0 3 11. ADDRESS IS 1956 SOUTH WW WHITE ROAD COUNCIL. DISTRICT THREE. APPLICANT IS SI TITAN SIGN COMPANY A REQUEST FOR A 29 FOOT EIGHT INCH VARIANCE FROM THE MAXIMUM 40 FOOT SIGN HEIGHT TO ALLOW A 69 FOOT EIGHT INCH TALL SINGLE TENANT SIGN. ZONING IS C ONE. THE SUBJECT PROPERTY IS LOCATED ALONG SOUTH WW WHITE ROAD SOUTH OF RIGSBEE AVENUE. THE APPLICANT IS REQUESTING A VARIANCE FOR SIGN HEIGHT ALONG A PRIMARY ARTERIAL A STREET. THE MAXIMUM HEIGHT PERMITTED IS 40 FEET FOR A SINGLE TENANT SIGN. THE APPLICANT IS REQUESTING A SIGN HEIGHT OF 69 FEET EIGHT INCHES. MAXIMUM SIGN SIZE IS 240 SQUARE FEET AND THE APPLICANT HAS INDICATED A SIGN FACE OF 200 SQUARE FEET. THE EXISTING SIGN IS CONSIDERED NON-CONFORMING AND COULD BE UTILIZED IF THE SIGN WAS [01:55:01] REPLACED IN THE SAME CONFIGURATION. THE APPLICANT IS REMOVING AND REPLACING CABINETS, THUS THE NON-CONFORMING STATUS IS LOST. THIS IS YOUR SITE PLAN, THE SUBJECT PROPERTY ON THE EXISTING SIGN AND THE SURROUNDING AREAS. STAFF RECOMMENDATIONS SIGN HEIGHT VARIANCE. STAFF RECOMMENDS DENIAL. AND BILL OA 23 1 0 3 0 0 3 1 1 BASED ON THE FOLLOWING FINDINGS, THE NEW PROPOSED SIGN HEIGHT IS EXCEEDING THE UDC AND TWO. THE CURRENT ALLOWABLE HEIGHT WILL NOT CAUSE A CESSATION OF LEGITIMATE LONGSTANDING ACTIVE COMMERCIAL USE OF THE PROPERTY NOTIFICATION PLAN. STAFF MAILED OUT 18 NOTICES ONE IN FAVOR. ONE RECEIVED AN OPPOSITION. AND JUPI MANOR NEIGHBORHOOD ASSOCIATION IS IN FAVOR. THESE ARE YOUR PUBLIC RESPONSES AND THIS IS A RESPONSE FROM THE JUPI MANOR NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES APPLICATION AND APPLICANT SHOULD BE AVAILABLE. THANK YOU VERY MUCH. WILL THE APPLICANT COME FORWARD PLEASE? HELLO. PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE. HI, MY NAME IS KATHY SONG AND I'M WITH TITAN SIGN COMPANY. AND I ALSO HAVE ANGELA WHITE, WHO'S THE PRESENT CEO OF CASA. SO SHE'S GONNA GIVE A LITTLE BIT OF HISTORY OF CASA AND WHAT IT REPRESENTS. THANK YOU. GOOD AFTERNOON COMMISSIONERS. UM, I AM THE CEO AND PRESIDENT OF CHILD ADVOCATE SAN ANTONIO. WE ARE A NONPROFIT, UM, NOT A COMMERCIAL, UM, SITE. AND THE POLL THAT YOU SEE THERE IS ACTUALLY ALREADY EXISTING ON OUR SITE. AS YOU CAN SEE, IT'S NOT NEW. UM, WE SERVE FOSTER CHILDREN. OKAY. WE SERVE, UM, CHILDREN IN THIS COMMUNITY THAT ARE NEGLECTED AND ABUSED AND ARE PUT IN SERVICE BY THE COURTS. AND WE DO THAT WITH VOLUNTEERS TO, UM, ENSURE THAT WE CAN HAVE VOLUNTEERS, WE NEED TO RECRUIT THEM FROM THE COMMUNITY. AND WE DO THAT ON A DAILY BASIS. WE HAVE LIKE 500 AND SOMETHING VOLUNTEERS. WE SERVED WELL OVER A THOUSAND CHILDREN LAST YEAR. UM, THE THING IS, WITH CASSA, THOUGH, I HAVE WORKED VERY LONG AND HARD TO NOT REPLACE JUST A VINYL SIGN. AND IF WE'D HAVE DONE A FINAL SIGN, WE WOULDN'T BE IN FRONT OF YOU. WHAT WE WANT TO DO IS CREATE AN ELECTRONIC BILLBOARD SO WE CAN SERVE OUR COMMUNITY, NOT JUST TWO CASSAS. WE'RE NOT MAKING MONEY AT THIS, BUT WE REALLY WANT TO LET OUR COMMUNITY KNOW WHEN WE HAVE A BACKPACK DRIVE. WE GAVE AWAY 3000 BACKPACKS LAST YEAR. HOW DO WE DO THAT IN THE COMMUNITY ON THE EAST SIDE? HOW DO WE BE NEIGHBORS TO OUR COMMUNITY? THE NEIGHBORHOOD ASSOCIATION HAD THEIR NEIGHBORHOOD NIGHT OUT AT CASTLE LAST YEAR. WE HAVE OTHER PEOPLE THAT COME INTO OUR BUILDING AND USE IT, AND WE CAN USE THIS SIGN TO ADVERTISE FOR THAT AS WELL. SO I DON'T WANT TO BE SOMEBODY ON THE EAST SIDE THAT DRIVES OUT THE GATES AND SAYS GOODBYE AND NOT BE PART OF THIS COMMUNITY. AND THIS COMMUNITY SIGN GIVES US AN ABILITY TO DO THAT. UM, THE CITY COUNCIL THEMSELVES VOTED UNANIMOUSLY TO DO THIS, AND WE HAVE WAITED PROBABLY ABOUT 18 MONTHS WITH NO SIGNAGE BECAUSE WE REALLY WANT THIS FOR OUR COMMUNITY. SO THANK YOU FOR LISTENING TODAY. THIS IS OUR LOVELY PARTNER, KATHY, WHO DOES ALL OUR SIGNAGE FOR US. AND YOU, AS YOU KNOW, WE DO HAVE COMMUNITY SUPPORT. SO THANK YOU FOR LISTENING. SO QUICK QUE QUICK QUESTION. UH, WHAT DID CITY COUNCIL VOTE ON? THEY VOTED ON FUNDING THE SIGN. SO THEY'VE PAID FOR THE FUNDS TO MAKE THIS SIGN HAPPEN. AND THE BOARD ITSELF, I KNOW IT SEEMS, SEEMS HIGH, BUT UM, IT WOULD COST US MONEY TO TAKE THAT DOWN LOWER SO THAT THAT WILL HURT US FINANCIALLY AS A NONPROFIT. UM, AND I THINK THE NEIGHBORHOOD'S USED TO THE SIGN AND IT'S NOT IN THE WAY OF HOMES OR ANYTHING LIKE THAT. OKAY. AND, AND I HAVE A QUESTION FOR THE, UH, SIGN REPRESENTATIVE. UH, SO IT'S 29 FEET HIGHER THAN IT CURRENTLY IS NOW? NO, IT'S EXACTLY THE SAME HEIGHT. SO WE WANNA KEEP THE SAME POLE WITHOUT CUTTING IT BECAUSE IT'S GONNA CAUSE UNDUE HARDSHIP FOR THE CLIENTS. THANK YOU. BASICALLY MR. KAPLAN? YEAH. UH, FOR THE, FOR THE UH, CITY THAT U-HAUL SIGN, IS THAT ALSO 70 FEET? IT LOOKS PRETTY TALL TOO. IT IS. IT MAY BE JUST THE PICTURE. UM, WE HAVE OUR SIGN, WE HAVE OUR SIGN REPRESENTATIVE HERE, BUT, UM, HE'S NOT CERTAIN WHETHER IT IS OR NOT, BUT IT, FROM THE PICTURE, IT APPEARS TO BE ABOUT THE SAME. CAN I NOT TALLER? CAN I MAKE A FEW MORE COMMENTS ON THE SIGNAGE? UH, YES, YOU MAY. OKAY. SO BASICALLY, UM, WE'RE JUST WANTING TO REPLACE EXISTING SIGN AND WE'RE ACTUALLY REPLACING THE TOP SIGN. SO THE BOTTOM SIGN IS GOING TO BE REMOVED. UM, WE DID KIND OF A, KIND OF A SOMEWHAT FIELD SURVEY AND U-HAUL SIGN IS ABOUT A FOOT TALLER THAN ABOUT 70 FEET. THERE IS A, UM, WHATABURGER THAT'S ABOUT THREE MINUTES AWAY. THAT SIGN IS, UM, APPROXIMATELY ABOUT THE SAME HEIGHT THERE IS. UM, I THINK THERE WAS, UM, DENNY'S [02:00:01] CLOSE BY. CHEVRON IS 85 FEET AROUND THAT NEIGHBORHOOD. UM, AS YOU NOTICE AT THE, THE LETTERS THAT WE RECEIVED, THE NEIGHBORHOOD, THEY'RE, YOU KNOW, THEY ARE HAPPY TO HAVE THE SIGNAGE, UM, OVER THERE. AND I THINK MORE THAN ANYTHING WE WANNA CREATE AWARENESS FOR THE SIGNAGE AND CUTTING THE, WE JUST WANNA KEEP THE POOL, KEEP THE SAME SIZE OF THE SIGN BASICALLY FOR STAFF. WHEN DID THE CODE CHANGE? UH, FOR THE HEIGHT DECREASE TO 40 FEET. ONE SECOND. EDWARD RODRIGUEZ, UH, SENIOR SITE INSPECTOR SINCE 2017, OUR CODE SAID IT'S 40 AT TWO 40. OKAY. 40 FEET HIGH AT 240 SQUARE FEET IS THE MAXIMUM. SO IT'S, IT'S, THAT'S WHY THERE'S SO MANY OTHER SIGNS THAT ARE SO TALL. YEAH, BECAUSE THAT'S WHY IT'S CLASSIFIED AS NONCONFORMING. ALRIGHT, MR. PERMISSION IS UNI GO. OKAY. SO IF YOU WANNA DO ANYTHING WITH A SIGN, YOU HAVE TO COMPLY WITH THE LAW RIGHT NOW, BUT THEY CAN, UH, USE THE SAME FRAME THERE TO, TO PUT A, A NEW SIGN OR WHATEVER. AM I NOT CORRECT? YOU COULD REFACE EXCHANGE OR THEY COULD REFACE IT, BUT THIS, WHAT THEY'RE PROPOSING IS TO TAKE THE CAB TOP CABINET DOWN AND REPLACE IT WITH THE NEW CABINET. YEAH. THAT, THAT CAN'T BE DONE. BUT THEY CAN, THEY CAN USE THE SAME, TAKING THE CABINET DOWN CONSTITUTE A NEW SIGN. OKAY. THANK YOU. CRUZ. COMMISSIONER CRUZ, UM, SIR, UH, FROM THE CITY. UM, BUT THEY'RE WARNING AN ELECTRONIC SIGN, CORRECT? AND NOT JUST A SOLID SIGN THAT IT, AM I HEARING THAT CORRECTLY? THAT IS CORRECT. OKAY. SO THE ELECTRONIC SIGN WOULD MAKE A BIG DIFFERENCE BECAUSE ALL THE OTHER SIGNS, NONE OF 'EM ARE ELECTRIC, THEY'RE JUST STANDING STAGNANT CORRECT SIGNS. CORRECT? CORRECT. OKAY. ALRIGHT. THAT'S WHAT I WANNA MAKE SURE. THANK YOU. ALL RIGHT, ANYONE? ALL RIGHT. IF THERE'S, UH, ANY PUBLIC COMMENTARY YOU WANNA SEND TO SPEAK, WE DO HAVE ONE VOICEMAIL. ALL RIGHT, LET'S HEAR IT. COVIN WAPAC 1603 TARTAN LANE SEVEN. ANTONIO 2 1 0 2 5 9 7 0 6 7. I'M CALLING TO SPEAK ON ITEM NUMBER FIVE ON TODAY'S AGENDA. UH, REQUESTING A, UH, UH, FINE HEIGHT OF 69 FOOT EIGHT INCH, UH, AT 1957 SOUTH WW WHITE. I REQUEST THAT YOU DENY THIS REQUEST TO ALLOW A 69 FOOT EIGHT INCH SINGLE TENANT SIGN AT THIS LOCATION. THERE'S NOTHING UNIQUE ABOUT THE PROPERTY. AN EXCESS SIGN HEIGHT IS NOT NEEDED TO ALLOW A VIABLE BUSINESS INTEREST. THIS AREA HAS VERY LITTLE SIGNAGE, INCLUDING BILLBOARDS TO COMPETE WITH. AND WHAT IS PRESENT IS GENERALLY WELL UNDER THE LOUD 40 FOOT HEIGHT LIMIT. ALLOWANCE OF THIS REQUEST WOULD RESULT IN A COMPETITIVE DISADVANTAGE TO NEW NEARBY BUSINESSES. IT COULD ALSO RESULT IN ING BUSINESSES NEEDING TO INVEST IN TALLER SIGNAGE IN ORDER TO MAINTAIN VISIBILITY. NO CONDITIONS EXIST WHICH JUSTIFY THIS INCREASED STEIN AND REQUEST THAT YOU DENY THE THE PETITION. THANK YOU FOR YOUR TIME. ALRIGHT. UH, COMMISSIONER KAPLAN HAS, HAS INDICATED YOU'D LIKE TO MAKE A MOTION. COMMISSIONER KAPLAN. AND, UM, I'M SORRY, I HAD A ONE PUBLIC SPEAKER. UM, ANGELA WHITE. IS THAT YOU? OKAY. SO SHE ALSO SIGNED UP TO SPEAK. I HAVE A COMMENT TO THE SHARON. GO AHEAD. THAT'S OKAY. IS THAT OKAY? YES, GO AHEAD. YEAH. SO, UM, OUR NEXT DOOR NEIGHBOR IS, I THINK THEY'RE CALLED BIG CUTS, THE HAIRDRESSERS. UM, THEY ARE CURRENTLY GOING TO TURN INTO A FOOD BANK AND ALL OUR NEIGHBORS KNOW THAT WE WILL ADVERTISE THEIR BUSINESSES ON THIS SIGN AS WELL. I DID DRIVE AROUND THE AREA WHEN WE FIRST MOVED THERE, AND THERE IS NOTHING THAT SERVES THIS COMMUNITY IN THIS WAY. SO JUST, JUST IN ANSWER THE LADIES CALL, WE WILL CERTAINLY SHARE OUR SIGNAGE. THAT'S BEEN PART OF THE PROBLEM, PART OF OUR CONCERN AND WANTING TO DO THIS. ALL RIGHT, THANK YOU. CAN I ALSO MAKE A COMMENT? SURE. OKAY. SO BASICALLY, I KNOW WHAT SHE'S SAYING ABOUT COMPETITIVENESS, BUT IF YOU LOOK AT IT, IT'S U-HAUL IS TALLER THAN THE ACTUAL CURRENT SIGN RIGHT NOW. AND SO WE'RE JUST ASKING TO KEEP THE POLE HEIGHT. SO IT'S NOT, IT'S ACTUALLY THE OPPOSITE. IT'S GOING TO, UM, IT'S KIND OF UNFAIR FOR CASA TO HAVE A SHORTER SIGN WHEN THERE'S A U-HAUL SIGN THAT'S RIGHT NEXT TO IT. AND, AND THIS ONE IS AGAIN, A, UH, IT'S FOR THE COMMUNITY, IT'S FOR KIDS, IT'S FOR, YOU KNOW, CHILDREN THAT ARE REALLY NEEDED IN THIS COMMUNITY. SO THEY NEED VISIBILITY TO MAKE SURE THAT PEOPLE KNOW AND THEY CAN GET VOLUNTEERS TO HELP ALL THE KIDS THAT ARE OUT THERE THAT ARE GETTING ABUSED. SO, THANK YOU. THANK YOU. COMMISSIONER KAPLAN. CREW MANNA MAN. HOLD ON. OKAY. COMMISSIONER CRUZ FIRST, THEN MANNA. OKAY. SORRY. UM, MA'AM, IS THERE A [02:05:01] REASON WHY IT HAS TO BE A DIGITAL SIGN? IT JUST CAN'T BE A PLAIN SIGN UP THERE. I, I'M JUST NOT THRILLED ABOUT IT BEING A DIGITAL SIGN. YES, MA'AM. BEFORE WE EVEN WENT TO CITY COUNCIL TO ASK FOR THE DIGITAL SIGN, WE WENT TO ALL OUR NEIGHBORS AND SAID, HOW WOULD YOU FEEL ABOUT THIS? JUST BECAUSE I THINK IT'S HELPFUL FOR THE COMMUNITY DOESN'T MEAN THE COMMUNITY THINKS SO. UM, BUT WE DID, WE WENT TO JULIET MANOR, WE WENT TO NEIGHBORS IN AND AROUND THE AREA THAT ARE ALL QUITE EXCITED TO HAVE SOMETHING THAT COULD TELL THEM IF THERE'S AN AMBER ALERT OR A SILVER ALERT, OR IF WE ARE DOING A FOOD DRIVE OR IF WE'RE HAVING BACKPACKS FOR THE KIDS. UM, WE'RE ABOUT TO OPEN A MINI LIBRARY ON SITE AS WELL. SO THAT'LL ALLOW US TO TELL PEOPLE THE LIBRARY'S OPEN TODAY FOR THE COMMUNITY. SO PEOPLE ARE QUITE EXCITED ABOUT THE FACT IT WILL, IT WILL CHANGE AND BE DIFFERENT. AND WE ARE AS A NONPROFIT WHERE WE DON'T INTEND TO BE IN COMPETITION WITH ANY BUSINESSES EITHER. DOES THAT HELP? WELL, YES AND NO. MY, I'M STILL NOT THRILLED ABOUT IT BEING A, A DIGITAL SIGN, BUT LET'S WAIT AND SEE MR. MANO, COMMISSIONER MANO DISCUSSION'S FOR CITY STAFF. SO, SO RIGHT NOW, UM, YOU KNOW, WE'RE APPROVING THAT THE HEIGHT OF A SIGN, WOULD THIS STAY PERMANENTLY WITH THE SITE SO THAT IF THE, UH, APPLICANT WAS TO LEAVE THE SITE, WOULD IT BE, WOULD THAT SINAI BE NOW ALLOWED FOR THE NEXT APPLICANT? SHOULD THEY WANNA CHANGE THE, THE, THE DISPLAY ITSELF TO DIFFERENT DISPLAY OR SOMETHING? , EXCUSE ME. NO, GO AHEAD. GO AHEAD. I'M NOT SURE IF I'M UNDERSTANDING THE QUESTION. UH, WELL, HE'S, HE'S ASKING THAT IF, IF WE APPROVE THIS VARIANCE, AND LET'S SAY THIS BUILDING IS OCCUPIED BY A DIFFERENT, UH, OWNER AND THEY WANT TO USE THAT, DOES THAT SIGN PERMANENT? IF IT EVER GETS, UH, TAKEN APART AGAIN, LET'S SAY FIVE YEARS FROM NOW, IF IT GETS TAKEN APART AGAIN, IT WON'T, IT WON'T, IT WILL HOLD, CORRECT. YEAH. THE VARIANCE IS PERMANENT, CORRECT? YES. THE VARIANCE STAYS IN PLACE. YES. HOWEVER, UH, I WANNA, THE QUESTION I HAVE THEN IS CAN THESE READ SUCH THAT, UH, WE ALLOW FOR THE SIGN TO BE REPLACED WITH WHATEVER SIGN THEY WANT WITHOUT THE VARIANCE? IN OTHER WORDS, WE ALLOW FOR THE, THE, THE SIGN TO, YOU KNOW, THE SIGN TO BE PREPARED, HOWEVER IT IS THAT THEY DESIRE TO REPAIR IT. AND, AND YOU KNOW, THIS CONTRARY TO THIS CRUISE HERE, BUT, BUT, YOU KNOW, GOES THE OTHER PATH OF SAYING WE APPROVE FOR THE RECONSTRUCTION OF A SIGN VERSUS, UM, THE PERMITTING OF THE HEIGHT. YEAH. I DON'T, UM, STAFF WILL HAVE TO ANSWER IF THAT'S EVEN POSSIBLE. I DON'T THINK IT IS, RIGHT? NO, WE WERE CONFERRING ABOUT IT AND IT'S LIKE CONDITIONING IT AND YOU, YOU CAN'T DO THAT. OKAY. SO, UH, AND I'LL, I'M JUST GONNA PUT THIS OUT THERE. THAT IT, IT SURE WOULD BE NICE IF WE HAD THAT OPTION, UH, IF THAT WAS SOMETHING THAT, UH, THAT CITY COUNCIL COULDN'T POSSIBLY LOOK AT OUTSIDE OF THE FIVE-YEAR WINDOW. 'CAUSE THIS IS, THIS ISN'T THE FIRST TIME I'VE ACTUALLY HEARD THAT. SO COMMISSIONER, ARE WE, I NEED TO MAKE A COMMENT. UM, 'CAUSE I HEARD HER SAY THAT SHE WANTED TO USE IT KINDA LIKE FOR OFF-PREMISE ADVERTISING AND OFF-PREMISE ADVERTISING ISN'T ALLOWED IN THE CITY SAN ANTONIO. RIGHT. SO, UM, IT'S ONLY WITH WHATEVER'S LOCATED ON THOSE PREMISES. CAN YOU ADVERTISE ON THAT SIGN? OKAY. NOT THE NEIGHBORS. WOULD YOU BE ALLOWED TO DO LIKE A MASTER SIDE PLAN WITH HER AND THE NEIGHBOR TO SOMEHOW COME WITH A JOINT? IF, IF YOU CAN YES. BUT OTHER THAN THAT. OKAY. AND THEY HAVE TO BE NEIGHBORS NOT ACROSS STREET OR THREE BLOCKS DOWN OR ANYTHING LIKE THAT. GOT IT. SO JUST, SO, JUST SO YOU KNOW HOW THAT WORKS, THE BACKPACKS AND EVERYTHING THAT'S ON SITE WOULD BE GREAT. BACKPACKS YOU COULD DO, BUT ANYTHING THAT YOU'RE GONNA BE USING, I ALSO HEARD YOU MENTION THE WORD BILLBOARD AND IT'S NOT A BILLBOARD, IT'S ON PREMISE SIGN. OH, I'M GLAD YOU'RE AN EXPERT. THANK YOU. YES, . THAT'S FINE. OKAY. ANY OTHER QUESTIONS? THANK YOU THOUGH. ALRIGHT, COMMISSIONER KAPLAN. OKAY, REGARDING CASE NUMBER BO A DASH 23 DASH OH 3 0 3 1, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR 20, YEAH. 29 FOOT EIGHT INCH VARIANCE FROM THE MAXIMUM 40 FOOT SIGN HEIGHT TO ALLOW A 69 FOOT EIGHT INCH TALL SINGLE TENANT SIGN, SITUATED AT 1956 SOUTH WW WHITE ROAD APPLICANT BEING TITAN SIGN COMPANY. 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 CODES AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NECESSARY BECAUSE STRICT ENFORCEMENT OF THIS ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNS ON THE SITE. CONSIDERING THE UNIQUE FEATURES OF A SITE SUCH AS ITS DIMENSION LANDSCAPING OR TOPOGRAPHY, OR TWO, A DENIAL OF THE VARIANCE WOULD PROBABLY CAUSE A SENSATION OF LEGITIMATE LONGSTANDING ACTIVE COMMERCIAL USE OF THE PROPERTY. THE PROPERTY CURRENTLY QUALIFIES FOR A SIGN 40 FEET IN HEIGHT, UH, 240 SQUARE FEET FOR A SINGLE TENANT SIGN. THE APPLICANT IS REQUESTING A VARIANCE TO ERECT A [02:10:01] NEW SIGN AT 69 FEET, EIGHT INCHES IN HEIGHT. ACTUALLY, IT'S NOT REQUESTING A NEW SIGN, IT'S JUST, UM, CHANGING THE, CHANGING IT. THE VARIANCE IS NECESSARY IN THIS CASE, AFTER SEEKING ONE OR MORE OF THE FINDINGS SET FORTH IN SUB PARAGRAPHS ONE AND TWO, THE BOARD FINDS THAT A GRANTING THE VARIANCE DOES NOT PROVIDE THE APPLICANT WITH A SPECIAL PRIVILEGE, NOT ENJOYED BY OTHERS. SIMILARLY SITUATED OR POTENTIALLY SIMILARLY SITUATED. THE PROPOSED SIGN DOES NOT APPEAR TO PROVIDE A SPECIAL PRIVILEGE AS THE EXISTING SIGN CABINETS CANNOT BE REPLACED. AND THERE ARE OTHER SIGNS OF THIS HEIGHT OR SQUARE FOOTAGE IN THE SURROUNDING AREA. B, GRANTING THE VARIANCE WILL NOT HAVE A SUBSTANTIALLY ADVERSE IMPACT ON NEIGHBORING PROPERTIES. THE PROPOSED VARIANCE WILL NOT HAVE IMPACT ON NEIGHBORING PROPERTIES. C GRANTING THE VARIANCE WILL NOT SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSES OF THIS ARTICLE. A SIGN EXCEEDING THE 69 FOOT EIGHT AND HEIGHT REQUIREMENT WILL NOT SUBSTANTIALLY CONFLICT WITH THE SIGNED RE REGULATION STANDARDS. SECOND END OF MOTION. SECOND. SECOND BY COMMISSIONER BRAGMAN. COMMISSIONER KAPLAN. YEAH, BEFORE YOU WANNA MAKE IT AFTER. OKAY. AF UM, I'M GONNA BE FOR THIS, UM, BECAUSE A, IT IS AN EXISTING USE ALREADY, AND YOU, IF YOU WEREN'T CHANGING WHAT YOU WERE DOING ON THE SIGN, YOU WOULD HAVE A GRANDFATHERED USE. THERE IS ANOTHER SIGN RIGHT DOWN THE BLOCK THAT'S TALLER THAN YOURS. UM, YOU ARE USING THIS NOT FOR COMMERCIAL PURPOSES, SO YOU'RE NOT BENEFITING, UM, UH, TO MAKE MORE MONEY, BUT TO HELP THE NEIGHBORHOOD. AND SO THE SIGN THAT YOU'RE PUTTING UP WILL BE VERY HELPFUL, UM, IN, IN, UH, FURTHERING PUBLIC CAUSES. SO THAT'S MY REASONING. THANK YOU. COMMISSIONER BRAGMAN? UM, I CONCUR WITH MY COLLEAGUE. UM, I'LL JUST ADD THAT THE, THE VOICEMAIL, I THINK, UH, THE PERSON DIDN'T UNDERSTAND THAT, THAT THE SIGN WAS GONNA BE THE EXISTING HEIGHT. IT'S NOT INCREASING THE HEIGHT, IT'S THE EXISTING HEIGHT. UM, AND SO, AND THE FACT THAT THE NEIGHBORHOOD ASSOCIATION IS IN SUPPORT, UM, I'LL BE IN SUPPORT OF THE MOTION. UH, AND ALSO WHILE I DO CONCUR WITH COMMISSIONER MANNA, THAT IT WOULD BE NICE IF WE COULD JUST, UM, DO A, UH, VARIANCE FOR WHAT THE SIGN IS AND NOT, UH, SO FUTURE GENERATIONS, FUTURE USERS, UH, WOULD NOT HAVE THE PRIVILEGE OF THE 70 FOOT SIGN NECESSARILY, BUT THAT'S THE LAW, RIGHT? COMMISSIONER CRUZ, DO YOU WANT TO CHI UH, ADD? UH, YES. YES, SIR. FRIENDLY AMENDMENT IS JUST SAYING YES, I KNOW THE CABINET IS THERE, BUT REMEMBER, IT'LL BE A DIGITAL SIGN, NOT JUST A PERMANENT SIGN. OKAY. UH, ANY OTHER COMMISSIONERS LIKE TO ADD TO THE DISCUSSION HEARING ON THIS COMMISSIONER MANNA? SO, UM, YOU KNOW, SO I, I, I GUESS I DO QUESTION WITH REGARDS TO, YOU KNOW, ONE, THE DIGITAL SIGN BEING UP THAT HIGH, UM, YOU KNOW, IN THE COMMUNITY, UM, FOR SOMETHING THAT, YOU KNOW, I, I, I GUESS I DON'T SEE PER THE CITY'S POSITION, THE CESSATION OF THE BUSINESS NOTIFYING THE COMMUNITY, UH, THAT, UM, YOU KNOW, THAT SOMETHING'S GONNA OCCUR AT THIS SITE ON A LOWER SIGN VERSUS THE TALLER SIGN. AND SO, UM, YOU KNOW, I DO LIKE THE SIGN ORDINANCES AND YOU KNOW, THIS IS RUN CONTRARY TO IT. SO IT'S, I DO, YOU KNOW, I AM CHALLENGED BY THIS, SO JUST, JUST LET YOU KNOW. ALRIGHT. ANYONE ELSE LIKE TO ADD? I'M GONNA GO AHEAD AND ADD THAT. UM, IF, IF THIS BOARD DENIES IT TODAY, CITY COUNCIL CAN OVERRIDE US AND THEY'VE APPARENTLY ALREADY SPENT AGREED TO SPEND THE MONEY ON IT, SO THEY WOULDN'T BE MUCH OF A BURDEN. JUST PUTTING THAT OUT THERE. ALL RIGHT. UH, WITH THAT, LET'S HAVE A, UH, ROLL CALL VOTE PLEASE. COMMISSIONER KAPLAN, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER TON. NO, I DO NOT CONCUR. COMMISSIONER RHI? I CONCUR. COMMISSIONER DEAN, I DO NOT CONCUR. COMMISSIONER CRUZ? COMMISSIONER CRUZ. I DO NOT CONCUR. I DO NOT CONCUR. COMMISSIONER ZUNIGA? I DO NOT CONCUR WITH A FINANCE OF FACT. COMMISSIONER MANNA. I DO NOT CONCUR WITH THE FINES OF FACT. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER EZ? I CONCUR. CHAIR ORIAN. UH, I DO NOT CONCUR WITH THIS ONE. UH, MOTION FAILS. UH, 6 2 5 I BELIEVE IS COUNT. SO YOU CAN GO TO CITY COUNCIL AND APPEAL. THAT'S THE ONE THING YOU CAN APPEAL FROM US IS SIGN. SO JUST IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF, JUST THANK [02:15:01] YOU. NOT IT FOR NONPROFIT. HMM. OKAY. ALRIGHT. ITEM NUMBER SIX. LOOKS FAMILIAR. BO 8 23 1 0 3 0 0 2 7 0. ADDRESS IS 5 5 7 8 MOUNT MCKINLEY DRIVE COUNCIL. DISTRICT SIX. APPLICANT IS JUAN ALONZO. A REQUEST FOR ONE, A FOUR FOOT SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT TO ALLOW A SEVEN FOOT PRIVACY FENCE IN THE FRONT YARD. AND TWO, A 19 FOOT VARIANCE FROM THE MINIMUM 20 FOOT FROM THE FRONT PROPERTY LINE TO ALLOW A GARAGE ENTRY TO BE ONE FEET FROM THE FRONT SETBACK. ZONING IS R SIX. THE SUBJECT PROPERTY IS LOCATED ON MOUNT MCKINLEY DRIVE JUST SOUTH OF CBRA ROAD. THE PROPERTY WAS ANNEXED INTO THE CITY OF SAN ANTONIO IN 1996. THE APPLICANT IS REQUESTING A VARIANCE FOR A GARAGE ENTRY TO BE ONE FEET FROM THE FRONT SETBACK FOR THE REMODELING OF HIS STRUCTURE INTO A GARAGE. ADDITIONALLY, THE APPLICANT IS REQUESTING A FOUR FOOT SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT HEIGHT TO ALLOW A SEVEN FOOT FENCE IN THE FRONT YARD. THE SPECIAL EXCEPTION FOR THE FENCE WILL ALLOW FOR PRIVACY AND SECURITY FOR THE SUBJECT PROPERTY. THIS IS A SITE PLAN AND THE SUBJECT PROPERTY, THE FENCE IN THE FRONT DRIVEWAY ENTRANCE, THE FENCE HEIGHT, AND THE FENCE IN THE FRONT AND THE SURROUNDING AREA. STAFF RECOMMENDATION AND GARAGE ENTRY. FRONT SETBACK STAFF RECOMMENDS DENIAL MBO 8 23 1 0 3 0 0 2 7 0 BASED ON THE FOLLOWING FINDINGS, THE VARIANCE REQUEST WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT STAFF RECOMMENDATION FENCE HEIGHT, SPECIAL EXCEPTION. THE PROPOSED SEVEN FOOT PRIVACY FENCE WILL RESULT IN INCONSISTENT DEVELOPMENT PATTERNS AS NO OFFENSES EXCEEDING THE HEIGHT REQUIREMENTS WERE SEEN IN THE IMMEDIATE NOTIFICATION PLAN. STAFF MAILED OUT 14 NOTICES. SIX IN FAVOR, 17 OUTSIDE OF 200 FEET, ZERO IN OPPOSITION AND MOUNTAIN VIEW ACRES NEIGHBORHOOD ASSOCIATION IS IN FAVOR. THIS IS THE RESPONSES AND THIS IS FROM THE NEIGHBORHOOD ASSOCIATION. COME BACK TO IT. SO THEY'RE ASKING MR. ALONZO TO MAKE AN AMENDMENT TO THE, UH, FENCE. THEY, WHEN THEY FIRST SUBMITTED THE SITE PLAN, THEY HAD THE FENCE GOING TO THE WHOLE FRONT OF THE PROPERTY. SO HE'S JUST GONNA HAVE IT ON THAT ONE PORTION THAT WE SHOWED. UM, THE FENCE IS NOW GONNA BE COVERING THE ENTRANCE TO HIS HOUSE. SO THAT'S WHAT HE HAD TO, HE WAS HERE BEFORE, BUT HE HAD TO GO BACK AND MEET WITH THE ASSOCIATION. THIS IS A CONTINUANCE. NO, WE HAVE TO RE ADVERTISE AS WELL. ALRIGHT. UM, CAN YOU GO BACK TO MY EMAIL REAL QUICK? I'M GOING TO, UH, BRING SOME OTHER ADDITIONAL ITEMS HERE REAL QUICK. SORRY ABOUT THE TECHNICAL. CAN YOU SHOW THE NEIGHBORHOOD ASSOCIATION'S LETTER AGAIN? GO AHEAD AND BRING THAT BACK UP. ASSOCIATION LETTER TOWARDS THE END. YEAH, RIGHT THERE. LET'S SEE IF WE CAN MAKE IT BIGGER. YEAH, SEE WE CAN, IT'S ON THE POWERPOINT. IT MIGHT BE A LITTLE GRAY. YEAH, IT WAS IN THE POWERPOINT. THERE WE GO. THERE [02:20:01] WE GO. IS THAT OKAY? MR. ZUNIGA IS OKAY. CRUZ, CAN YOU MAKE IT A LITTLE CLEARER SO I CAN SEE IT? BECAUSE IT, IT'S VERY BLURRY ON THIS END. YEAH, JUST TRY TO MAKE IT CONCUR. IF YOU LEAVE IT, THEY'RE LONG ENOUGH. I THINK IT REFRESHES, BUT YEAH, ALL OF THESE IMAGES ARE COMING IN BLUR REMOTELY. YEAH. JUST DON'T MOVE IT AND LET LET IT REFRESH ON THEIR COMPUTERS. REFRESH. MR. CHAIRMAN? YES. COMMISSIONER, UH, WAS IT AMENDED ALREADY? NO, THE APPLICANT HAS NOT COME FORWARD YET. SO, UH, HE WILL DO THAT ON THE PODIUM IF, IF THAT'S WHAT THEY DESIRE. UM, WHY DON'T YOU JUST LEAVE THAT UP. LET'S HAVE THE APPLICANT COME FORWARD AND TELL US ABOUT THEIR PROJECT. SO MY NAME'S, UH, JUAN ALONSO. THIS IS, UH, JUAN ALONSO JR. UM, I THINK THE FIRST, UH, DRAWING THAT I DID, I THINK I PUT TOO MUCH INFOR, YOU KNOW, TOO MANY LINES ON THERE THAT KIND OF CONFUSED THE, UH, VARIANCE OF WHAT I WAS ASKING. UM, SO I RESUBMITTED THE, UH, LATEST MAP. UM, BASICALLY THAT INDICATED ONLY WHAT WE'RE ASKING FOR RIGHT NOW, UM, WHICH WAS THE ACTUAL FENCE WHERE IT IS ON THE SIDE OF THE HOUSE. UM, THE ASSOCIATION, UM, WAS CONCERNED THAT I WAS ASKING FOR A VARIANCE TO HAVE, UM, A FENCE COVER MY FRONT FACE OF MY HOUSE. AND THAT WASN'T THE CASE. UM, SO WE, YOU KNOW, MET WITH THE, UH, ASSOCIATION AND I CLARIFIED TO THEM THAT THAT WAS NEVER MY INTENTION. SO THEY WERE, THEY WERE GOOD WITH THAT AND THEY, THEY WERE ON MY SIDE AS FAR AS APPROVING THE, THE WAY IT IS AS FAR AS THAT'S CONCERNED. UM, AS FAR AS THE, YOU KNOW, THE PRIVACY FENCE, THE REASON FOR IT, UM, WE'VE HAD, WE'VE HAD A LOT OF, UH, TRESPASSING AND, UM, YOU KNOW, JUST PEOPLE WALKING IN AND OUT OF THE, UH, PROPERTY. UM, THERE, THE BACK OF THE PROPERTY, ABOUT HALF OF MY, MY ONE ACRE LOT, UM, IS LIKE A WATER EASEMENT, WATER DRAINAGE. IT'S ABOUT A 20 FOOT DROP AT THE VERY BACKSIDE OF IT. UM, SO THERE'S REALLY NO USE FOR THAT. WE DON'T REALLY USE THAT. SO THE SIDE OF MY HOUSE IN THAT IMMEDIATE AREA IS BASICALLY THE RECREATIONAL AREA FOR MY TWO, UH, GRAND BABIES. ONE OF 'EM FIVE, ONE OF 'EM SIX. UH, AND THEN ALSO IT'S AN AREA THAT I HAVE MY WIFE, UH, THAT SUFFERED BRAIN DAMAGE, UH, FROM, UM, UM, SURGERY, UM, THAT WE BRING HER OUT AND THAT'S KIND OF A, THE AREA THAT WE HAVE FOR THEM TO, YOU KNOW, HAVE THEIR RECREATIONAL TIME. UM, SO THOSE KIND OF, THOSE TWO THINGS WITH PEOPLE WANDERING ON THE PROPERTY, NOT KNOWING WHO THEY ARE. AND THEN SECOND, UM, BE, UH, CONCERNED SAFETY FOR MY, MY GRAND BABIES AND MY WIFE BASICALLY. OKAY. OR WAS THE REASON, ORIGINAL REASON WHY TO PUT PUT IT UP. OKAY. SO I'M GONNA START OFF WITH A COUPLE CLARIFICATION QUESTIONS. SO YOU'RE ONLY ASKING FOR THE PRIVACY FENCE, UH, WHEN YOU'RE FACING THE HOUSE ON THE RIGHT SIDE OF THE CARPORT ON THE SIDE, THAT'S IT. ALL THE WAY ON THE WHOLE FRONTAGE, YES. BUT ON THE RIGHT SIDE OF THE CARPORT, YES. OKAY. AND I DO HAVE A NEW DRAWING HERE THAT KIND OF CLEANS UP A LOT OF THE SURE. GIVE THAT TO STAFF. THEY CAN PROJECT IT ON THE SCREEN. UH, THIS, THE OTHER QUESTION I HAVE IS, UH, YOU'RE TAKING THE EXISTING CARPORT. ARE YOU COMPLETELY RECONSTRUCTING IT OR YOU JUST NO, UM, I WAS TOLD BY STAFF THAT, UH, BECAUSE I WAS GONNA PUT TWO GARAGE DOORS ON CLOSER TO THE STREET OR ON THAT SIDE, THAT I HAD TO ASK FOR A VARIANCE YES, BECAUSE IT WAS A CARPORT. BUT RIGHT NOW, UM, YOU DON'T HAVE THE SIDEWALK IN FRONT OF YOUR HOME. MM-HMM. NOBODY DOES. SO WHERE, WHERE IS THE PROPERTY LINE IN RELATION TO THAT EDGE OF FACE OF CARPORT? IT'S ABOUT, UH, 19 OR 20 FEET. SO ARE YOU 22 FEET? SOMETHING LIKE THAT? SO THE APPLICANT IS STATING THAT THEY HAVE OVER 20 FEET, UM, FROM THE FACE OF THAT CARPORT, THEY WANT TO PUT A GARAGE DOOR ONTO THE PROPERTY LINE. BUT, BUT THE REQUEST IS ASKING FOR A, A 19 FOOT VARIANCE TO THE 20 FOOT. IS THERE, UM, I'M JUST LOOKING TO SEE IF FOR, THAT'S A, JUST A MISUNDERSTANDING FOR WHAT'S HAPPENING OR THE, UM, THE ZONING MAP, UM, INDICATES THAT IT'S CLOSER FROM, UH, WHAT HE IS INDICATING. OKAY. PULLING IT UP RIGHT NOW. PICTURE, AS YOU CAN SEE IT, SHOW THE FRONT FROM THE GARAGE. SO [02:25:02] WE WANT TO HI, I'M JUAN. I'M JUAN JUNIOR. THIS IS A GOOD, UH, EXAMPLE OF WHAT IT LOOKS LIKE PREVIOUSLY. SO YOU COULD SEE THERE'S A, A HONDA CIVIC AND A TAHOE PARKED RIGHT IN FRONT OF THAT, AND THERE'S STILL PLENTY OF WALKWAY BETWEEN THE STREET AND THE, UH, THE BEGINNING OF THE PROPERTY. WELL, BUT WE'RE HERE, BUT I'M JUST TRYING TO ASCERTAIN WHAT THE, WHAT THE ACTUAL CODE, UH, HOW IT'S APPLIED. YEAH. AND SO IT'S, YOU'RE SUPPOSED TO HAVE 20 FEET FROM THE FACE OF GARAGE DOOR TO THE PROPERTY LINE OR BACK OF PUBLIC RIGHT OF WAY SIDEWALK. MM-HMM. . AND SO YOUR STREET IS NOT NECESSARILY WHERE THE PROPERTY LINE IS. IT COULD BE MUCH FURTHER IN IT. SO YES, THAT'S KIND OF WHAT WAS, UH, UH, KIND OF WEIRD. UH, I BOUGHT THE HOUSE BACK IN, UH, 2010, SO THE CARPORT HAS ALREADY BEEN EXISTING THERE EVEN YEARS BEFORE I PURCHASED THE HOUSE. SO IT IS KIND OF AN ODDBALL, UH, THE WAY IT WAS, YOU KNOW, PUT ORIGINALLY AND THE CARPORT IS NOT. AND, UM, IF YOU LOOK AT THE, THE, UH, ZONING MAP, IT'LL SHOW THE PROPERTY LINE KIND OF ENDING WHERE THE CARPORT STANDS. UM, AND THE REASON WHY HE HAS TO REQUEST, HE'S RIGHT, THE CARPORT MIGHT BE NON-CONFORMING, BUT HE WAS, I INDICATING HE'S TRANSFORMING THAT INTO A GARAGE. SO IN THAT CASE, THAT'S WHY THE VARIANCE IS NECESSARY. CAN YOU BRING THAT ZONING MAP UP? SHOULD BE THE FIRST SLIDE ON THE, ON OUR PRESENTATION AND KIND OF JUST CLOSE IN IS, IS IS THE CARPORT UNDER THE, THE 55 78? CORRECT? YEAH, IT'S UNDER 55 78. OKAY. I, THAT'S, THAT'S WHY I WASN'T NOTICING IT THOUGH. IT WAS A LITTLE FURTHER UP. YEAH, YOU'RE YOU'RE SEEING THE HOUSE. YEAH. OKAY. ALRIGHT. UH, IS THERE ANY, UH, QUESTIONS FROM THE COMMISSION FOR THE APPLICANT? YES, COMMISSIONER ZUNIGA. OKAY. WE'RE JUST TALKING ABOUT THE FENCE THERE, BECKY. UH, YES. THAT YOU'RE GOING TO BE AMENDING IT AND, UH, YES, YES, THE AMENDMENT. WE'RE, WE'RE NOT TALKING ABOUT THE CLEAR VISION SIDE YET. MM-HMM. UH, AS THE CHAIRMAN SAID TO LOOK IN THE FRONT OF TOBA, SO, YEAH. SO THEY, BECKY ONLY SAID THE FENCE IN FRONT OF YOUR HOUSE THAT YOU WERE CUTTING OFF, RIGHT? YES. UH, THE AGREEMENT. HEY, CAN YOU TAKE A MOMENT AND, AND, UH, CLARIFY WHETHER OR NOT YOU'RE AMENDING YOUR APPLICATION, UH, AND ADJUSTING WHAT YOU'RE ASKING FOR REGARDING THE DEFENSE? THE ONLY THING THAT I HAVE, UH, TO CLARIFY, UH, WAS THAT SHE WAS UNDER THE UNDERSTANDING OF FROM THE, THIS, THIS ORIGINAL, UH, THING THAT WAS ADVERTISED, IT SHOWS A LINE ACROSS IN FRONT OF THE HOUSE. SHE WAS UNDER THE IMPRESSION THAT MY VARIANCE WAS ASKING FOR, UM, A FENCE LITERALLY TO COVER MY FRONT HOUSE. AND I, THAT WAS NEVER, SO YOU'RE CLARIFYING THAT YOU'RE ONLY REQUESTING THE SEVEN FOOT PRIVACY FENCE ON THE SIDE OF THE HOUSE FROM THE, FROM COMMENCING FROM THE CARPORT EXTENDING ALONG THE PROPERTY LINE TO THE NORTH ONLY. THAT'S IT. OKAY. YES. YEAH. JUST TO CLARIFY. YES, IT, UH, WE WANTED TO AMEND THAT IT, NOTHING, UH, IS IN FRONT OF THE HOUSE AND THAT'S WHAT WE HAD TALKED WITH, UH, OUR HOA WITH, AND THAT'S WHERE WE COME TO THE AGREEMENT THAT WE WOULD GAIN THEIR SUPPORT IF, UH, WE COULD JUST AMEND THAT THE SIX FOOT FENCE DIDN'T CROSS THE, THE BE THE FRONT OF THE HOUSE AND WE'VE GOT THE, UH, THE EMAIL AND THEN, UH, WE GOT 21 SIGNATURES FROM ALL THE SURROUNDING. WELL, THANK YOU IN SUPPORT OF THAT. ANY OTHER QUESTIONS FROM THE COMMISSION? YEAH, JUST COMMISSIONER BAR, MAKE SURE I UNDERSTAND CORRECTLY. UH, ESSENTIALLY, ARE YOU PROPOSING TO ENCLOSE THE CARPORT AS A GARAGE? UH, NO, SIR. THE ONLY THING THAT I WAS GONNA DO IS PUT THE, UH, GARAGE DOORS ON THE, UH, FACING THE STREET SIDE. THAT'S IT. UM, THE CARPORT IS OPEN ON THE BACKSIDE. I WASN'T GONNA ENCLOSE IT BECAUSE IT WOULD BE COMPLETELY IN THE PROPERTY WITH THE FENCE, YOU KNOW, SO THERE WAS NO, I DIDN'T HAVE INTENTIONS OF ENCLOSING IT. UH, JUST THE, UH, DOORS BEING CLOSED. WELL, YOU'RE ENCLOS YOU'RE CLOSING THE FRONT WITH DOORS? YES. YEAH. OKAY. YEAH. YES. ALRIGHT, ANY OTHER QUESTIONS? UH, I GOT ONE MORE KIND OF POINT TO MAKE HOLD. I WANT TO SEE IF THERE'S ANY, UH, ANY MORE QUESTIONS FROM THE COMMISSION. OKAY, HEARING NOW. GO AHEAD, SIR. UH, SO THE, UH, BECKY, THE, UH, BOARD OF ASSOCIA, I MEAN THE, UM, NEIGHBORHOOD ASSOCIATION, THE PROBLEM THAT THEY HAD WAS THE VERBIAGE ON THE ORIGINAL, THE WAY THEY UNDERSTOOD THE VERBIAGE ON THE VARIANCE WHEN THEY FIRST RECEIVED IT. OH, WE CAN FIX THAT. DON'T WORRY. OKAY. SO THAT'S WHAT SHE WAS VERY, UH, PARTICULAR ABOUT. AND I JUST WANTED TO MAKE SURE THAT, UH, SHE NO, THAT'S NOT GONNA BE AN ISSUE. WE CAN MAKE A MOTION TO, [02:30:01] UH, ADDRESS THAT NOW THAT YOU'VE AMENDED WHAT YOUR REQUEST IS. YEAH. UH, AND, UH, LET'S, SO LET'S TALK ABOUT THE GARAGE. SO IS YOUR, IS YOUR, UH, CARPORT PARALLEL WITH THE STREET OR IS IT ANGLED IN ANY WAY? IT'S A, IT'S KIND OF A SLIGHT ANGLE. IT'S NOT PARALLEL. THE, UH, THE WAY THE, UH, LOTS GO ARE SLANTED. OKAY. AND SO THE WAY THE ROAD GOES, IT DOESN'T GO AT A STRAIGHT, UH, PARALLEL LINE. IT'S, THEY'RE ANGLED. ALRIGHT. UH, AND I NOTICE THAT YOUR, AFTER YOUR HOUSE, IT, IT BECOMES A, A DEAD END CUL-DE-SAC. CORRECT. IT'S A CUL-DE-SAC AT THE VERY TOP OF A HILL. ALL RIGHT, THANK YOU. LOOKS LIKE MANNA HAS A QUESTION. COMMISSIONER MANNA, HE CAN'T GET A THING TO HER. OH, I THINK MANANA TRYING. YEAH, WE CAN'T HEAR HIM. HE CAN'T HEAR MANNA. HE'S TRYING TO ASK A QUESTION. DID YOU, UH, DID YOU CALL IN COMMISSIONER MANA? 'CAUSE I DON'T SEE THE, THE SEPARATE PHONE NUMBER UP HERE ANYMORE. IF YOU TURN ON YOUR MICROPHONE FOR YOUR COMPUTER, WE SHOULD BE ABLE TO HEAR YOU. IF YOU PUT ON THE CHAT, I CAN, WE CAN DEFINITELY, UH, SAY WHAT YOU'RE TRYING TO ASK ALSO. THERE YOU GO. I THINK THAT WAS, YOU TRY AGAIN. CAN YOU HEAR ME NOW? YES. OH, YES, SIR. PERFECT. OKAY. SORRY. THANK YOU. UM, QUESTION FOR THE APPLICANT. AND SO RIGHT NOW I, WHEN I LOOK AT THE FENCE, UH, THE, THE TALL FENCE, I SEE IT COME ALL THE WAY TO THE FRONT OF THE CARPORT. UM, AND GENERALLY WHEN WE SEE FENCES, THEY'RE EVEN WITH THE HOUSE ITSELF. AND SO YOU HAVE A CARPORT IN FRONT OF THE HOUSE, UM, YOU KNOW, THAT YOU'RE RUNNING THE FENCE UP TO, AND THE QUESTION I WOULD ASK IS, COULD THE FENCE BE RUN TO THE BACK OF THE CARPORT SO THAT YOU DO HAVE THE CONTIGUOUS PROTECTION TO THAT, BUT SO THAT IT DOESN'T GO ALL THE WAY TO THE STREET LIKE IT IS, UH, WITH THE HEIGHT, SO, SO AS TO OPEN UP THE SPACE AT THE FRONT OF THE HOUSE. UM, SO IT IS MORE LIKE AN OPEN FRONT YARD, UM, YOU KNOW, WITH, WITH YOUR BACK SPACE STILL BEING PROTECTED. YEAH, I WAS GONNA SAY, UM, YEAH, SO THE, UH, I GUESS MY RESPONSE TO THAT WOULD BE, UH, THE PRIMARY RECREATION AREA DUE TO THE, UH, LANDSCAPE OF THE HOUSE, UH, RIGHT BEHIND IT, THAT'S THE PRIMARY RECREATION AREA FOR MY, UH, NIECES AND MY MOTHER. UH, SO THAT'S WHY WE WERE TRYING TO ENCLOSE THAT AREA FOR THEM. UM, JUST AS A, AS A SAFETY PRECAUTION FOR MY MOM WHO'S, UH, UM, DISABLED AND MY YOUNG NIECES. UH, THAT WAS THE ONLY REASON WHY WE HAD PUT IT FORWARD, UH, UP TO THAT POINT. UH, IF WE HAD BROUGHT IT BACK, WE WOULD HAVE, UH, AND AGAIN, IT'S KIND OF THIS, THIS IMAGE IS THE SIDE OF THE HOUSE, SO IT'S MORE OF A SIDE YARD, THE FRONT OF THE HOUSE, WE HAVE A FRONT YARD THAT'S, UH, MORE TO THE RIGHT. UH, AND THIS WOULD BE CONSIDERED THE, THE SIDE OF THE HOUSE. SO, UH, AND AGAIN, THAT'S THE ONLY PRIMARY RECREATIONAL AREA WE HAVE. SO, UH, THAT'S WHAT WAS THE, THE MENTALITY BEHIND PUTTING IT AT THAT LOCATION? OKAY. WELL, YOU KNOW, I GUESS I, I STILL HAD THE CHALLENGE MAINLY ON THE RIGHT SIDE WHERE YOU HAD THE FENCE OVER THE FRONT, UM, YOU KNOW, VERSUS, YOU KNOW, CUTTING IT OFF EVEN WITH THE BACK OF THE, THE CARPORT THERE. AND I, I WOULD STILL QUESTION ABOUT THAT. SO, SO WHAT HE'S, WHAT HE'S GETTING AT IS STAFF. CAN YOU BRING UP THE SKETCH THAT WAS ORIGINALLY SUBMITTED THAT HAS THE ONE AND TWO ON IT? OKAY. YEAH, IT LOOKS LIKE HE'S TALKING ABOUT THE FENCE THAT GOES TO THE RIGHT OF THE CARPORT AND BACK TO THE HOUSE. AND HE'S WONDER, AND, AND COMMISSIONER MANDA, PLEASE CORRECT ME IF I'M WRONG, ARE YOU ASKING TO, WHY CAN'T YOU JUST GET RID OF THAT AND JUST CONNECT THE TWO CORNERS FROM THE HOUSE TO THE CARPORT? THAT WOULD BE ONE HALF OF THE, THE DIALOGUE. SURE. AND I THINK THAT WOULD FEEL MUCH MORE COMFORTABLE WITH REGARDS TO THAT. UM, AND THEN I WOULD STILL QUESTION ABOUT THE SECOND HALF FOR, YOU KNOW, AS FAR AS THE FRONT YARD CONCERNED, UM, WITH THAT TALL FENCE ALL THE WAY UP. AND SO, YOU KNOW, HAVING A SEVEN FOOT FENCE IN SEVEN FOOT FENCE IN YOUR FRONT YARD ISN'T VOTED POSITIVELY THAT OFTEN. OKAY. AND SO, SO I DO SEE THAT BEING CHALLENGED ON THE LEFT HAND SIDE AS WELL. SO, BUT THE RIGHT HAND SIDE WOULD MAKE MUCH MORE SENSE FOR ME. SO A QUESTION FOR STAFF. UM, WE HAVE A HOUSE AND, AND, AND SOON TO BE A, POTENTIALLY A DETACHED GARAGE. WHAT IS CONSIDERED THE FRONTAGE IN THIS CASE? FROM THE FACE OF GARAGE OR FROM THE FACE OF HOUSE? FOR THE GARAGE, IT WOULD BE THE GARAGE, UM, ENTRANCE, NOT THE HOUSE. SO IF THE, IF THE FENCE WERE TO BE CONSTRUCTED FROM THE HOUSE TO THE CARPORT, THAT LITTLE SECTION, THAT COULD BE SIX FEET BECAUSE IT WOULDN'T BE IN FRONT OF THE HOME. IT'D BE, WELL, THIS IS THE DETACHED, UH, GARAGE. SO, UM, IT WOULD BE CONSIDERED ACCESSORY STRUCTURE. UM, SO IT WOULD BE CONS, IT, IT WOULD NOT BE [02:35:01] CONSIDERED, UM, THE SIDE, IT WOULD BE CONSIDERED THE FRONT YARD. OKAY. I JUST, I JUST WANTED TO MAKE SURE. 'CAUSE IF WE, IF THE FENCE WERE TO BE MOVED BACK, WOULD IT BE ALLOWED TO BE SIX FEET IF IT WAS ONLY IF IT'S BEHIND THE FRONT FACADE OF THE HOME? YEAH, THAT'S, THAT'S WHAT I THINK THAT COMMISSIONER MADDEN MIGHT BE SUGGESTING IF IT WAS SLIGHTLY BEHIND THE FRONT FACADE OF THE HOME. YEAH, THAT'S CORRECT. OKAY. SO, UH, AND THEN I, I ALSO NOTICED THAT IT LOOKS LIKE YOU HAVE A, UH, A DRIVEWAY THERE ON THE SIDE OF THE, OF THE, UH, CARPORT, EXISTING CARPORT. IS THERE A DRIVEWAY? IS THAT A, IS THAT A FENCE OR A GATE THAT OPENS IT THAT WAS CONSTRUCTED, WHICH, WHAT IMAGE OVER, UH, RIGHT, RIGHT THERE IN FRONT OF THE MAILBOX. YOU SEE HOW THERE'S LIKE A LITTLE LIGHT GAP THAT GOES UNDERNEATH THE, THE FENCE? IS THAT, IS THAT AN OPENING? IS THAT LIKE A SLIDING GATE OR SOMETHING? UH, YEAH, SO THAT'S A, THAT'S AN AN OPENING WAY JUST FOR, UM, TRA FOR OUR TRAFFIC FROM WALKING IN AND OUT. ALSO, THAT'S JUST FOR, UM, YOU KNOW, WE, WE HAVE OUR TRASH CANS THERE AND THAT'S HOW WE, WE MOVE 'EM THROUGH THE GATE, THROUGH AND THERE. SO IT'S LIKE THREE OR FOUR FEET, OR IS IT UH, IT'S A WIDE GATE. IT'S A WIDE OPENING. JUST ONE PERSON. IT'S A FOUR FOOT, FOUR FOOT, UM, OPEN. OH YEAH. PASS THROUGH, YOU KNOW. UM, COULD YOU DRIVE A VEHICLE THROUGH THERE? NO, NO. I MEAN, IT LOOKS LIKE THERE'S ONE PICTURE, IT LOOKS LIKE THE GATE'S OPEN AND THERE'S A CAR, LIKE MAYBE I GOT A BIT OF PICTURE. PICTURE 57 ON THE POWERPOINT. WHERE'S THAT? WHERE'S A BIGGER PICTURE THAT WE HAD? SHE HAVE IT, SO YEAH, POP UP. UH, THREE MORE SLIDES. YES. YEAH. SEE THAT LOOKS LIKE A PRETTY SIZABLE ACCESS DRIVE. YES. SO, SO YES. THAT, THAT IS A, A, A DRIVE ENTRYWAY. UH, LIKE WE SAID, THERE'S NO, UH, WE USE THE BACKSIDE FOR STORING, UH, VEHICLES AS FAR AS OUR HOBBYIST AS FAR AS BEING INTO CARS AND STUFF. YEAH. SO THAT'S ANOTHER, UH, REASON WHY WE MOVED THIS FAR, THIS TALL, THIS FAR FORWARD AND OUTWARD IS THERE'S A CUL-DE-SAC. AND THE ANOTHER, UH, DRIVING POINT FOR US TO BUILD THIS, THIS WAY IS WE DID HAVE MANY BREAK-INS AND STUFF STOLEN OFF THE PROPERTY. WE HAVE, UM, JUST A HOBBY OF HIM BEING INTO CARS AND, UH, WE HAD MANY INSTANCES WHERE PEOPLE WERE JUST SITTING HERE IN THIS PARKING LOT IN THIS DIRECTION LOOKING RIGHT AT, UH, NO, I, I UNDERSTAND. YEAH. UH, BUT, BUT I'M TRYING TO FIGURE OUT, IS THERE A CLEAR VISION ISSUE NOW THAT THERE'S AN OPEN GATE THERE? DOES THAT MAKE THIS A CLEAR VISION ITEM? AH, SAY THAT ONE. SAY THAT ONE MORE TIME. SORRY. SO WITH, WITH A, WITH A GATE, UH, LIKE THE PICTURE THAT'S BEING PROJECTED UP NOW, THAT'S A PRETTY SIZABLE ENTRY. IS THERE ANY CLEAR VISION ISSUES NOW THAT WOULD COME UP BECAUSE IT'S BEING USED FOR AUTOMOBILE ACCESS. SO THIS WOULD NOT BE, THE DRIVEWAY WOULD BE IN FRONT OF THE GARAGE. UM, THIS WOULDN'T BE A CLEAR VISION BECAUSE IT'S KIND OF JUST, UH, ACCESS TO THE REAR YARDS. I JUST WANTED TO MAKE SURE. ALL RIGHT. UM, I FEEL LIKE I COMPLETELY UNDERSTAND WHAT'S HAPPENING. AND IS THERE ANY OTHER COMMISSIONERS THAT HAVE ANY QUESTIONS OR ANYONE? NO, THIS IS, UH, JUST A COMMENT. THIS IS A REAL PUNGA YEAH. THIS NEIGHBORHOOD FOR SOME OF YOU THAT HAVEN'T SEEN IT, WHICH PROBABLY A LOT OF YOU, UH, IS A REAL QUIET LUXURY AREA, AND IT'S SURROUNDED BY WATER AND THE BIG CREEKS, AND THEY JUST MADE THE CITY WENT AND PUT, LIKE YOU SAY, THE 20 FOOT DROP THERE OR WHATEVER. AND, UH, IT'S A REAL QUIET AND IT'S LIKE, YOU KNOW, ONE WHOLE COMMUNITY THERE. AND, UH, I WASN'T SURPRISED TO SEE 17 MORE FROM, THERE'S NOT THAT MANY FAMILIES LIVING THERE. SO THE CLEAR SIDE, WE'LL GET IT IN. OKAY. YOU KNOW, SO THAT I THANK YOU. THANK YOU VERY MUCH. SO WITH THAT, I'M LOOKING FOR, UH, IS THERE ANY PUBLIC COMMENTARY OR ANYONE SENATOR TO SPEAK BEFORE WE MOVE TO A MOTION? NO PUBLIC COMMENT. ALL RIGHT. SO I'M LOOKING YES, SIR. AND I JUST WANTED TO KIND OF MAKE A NOTE THAT I DID GO, UH, DOOR KNOCKING, UM, ON ALL, YOU KNOW, 25 IMMEDIATE NEIGHBORS, SHOWED 'EM PICTURES, BROUGHT 'EM TO THE PLACE, AND THEY ALL WERE, UH, YOU KNOW, APPROVAL OF THE WAY IT WAS, AND THEY DIDN'T HAVE ANY PROBLEMS WITH IT. OKAY. SO, UM, WE'RE LOOKING FOR A MOTION. AND, UH, AND JUST SO YOU KNOW, THE APPLICANT DID AMEND THEIR APPLICATION, UH, TO INCLUDE A, UH, THE SIM FOOT FENCE LIMITED TO THE NORTHERNLY PART OF THE HOME EXTENDING TO THE NORTH. SO WHO WOULD LIKE TO MAKE A MOTION? BONNI, UH, COMMISSIONER BERNICE. SURE. UH, REGARDING CASE NUMBER BO OA 2 3 1 0 3 2 7 0, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, UH, REQUEST FOR A FOUR FOOT SPECIAL EXEMPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT [02:40:01] TO ALLOW A SEVEN FOOT PRIVACY FENCE IN THE FRONT YARD TO ARE WE WORDING THIS TO THE RIGHT OF THE GARAGE ONLY TO THE NORTHERN FACE, UH, NORTH OF THE NORTH OF THE HOME, NORTH OF THE HOME, SITUATED AT 5 5 7 8 MOUNT MCKINLEY DRIVE, APPLICANT BEING JUAN ALONZO. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LETTER ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXEMPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE FENCE HEIGHT BEAM REQUESTED IS A SEVEN FOOT FENCE HEIGHT IN THE FRONT YARD, UH, TO THE NORTH DIRECTION OF THE, UH, TO THE RIGHT OF THE, UH, GARAGE. IF GRANTED, STAFF FINDS THAT THE REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND THE PURPOSE OF THE ORDER OR ORDINANCE B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED. THEIR PROPOSED FENCE BEING REQUESTED WILL BE LOCATED ALONG THE FRONT YARD, FACING NORTH, UH, FROM THE GARAGE, AND IS EXCEEDING THE MAXIMUM HEIGHT REQUIREMENT BY A BY FOUR FEET FOR A FENCE. THE FENCE WILL STILL SERVE THE PUBLIC WELFARE AND CONVENIENCE. C THE NEIGHBORING PROPERTY WILL BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE FENCE WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT AND THE ADJACENT PROPERTIES. D THE SPECIAL EXEMPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXEMPTION IS SOUGHT. UM, THE ADDITIONAL FENCE HEIGHT IN THE FRONT YARD OF THE SUBJECT PROPERTY DOES NOT APPEAR TO ALTER THE LOCATION FOR WHICH THE SPECIAL EXEMPTION IS SOUGHT. THE SEVEN FOOT FENCE HEIGHT WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT E THE SPECIAL, UH, EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREON ESTABLISHED FOR THE SPECIFIC DISTRICT. THE REQUESTED SPECIAL EXEMPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT END OF MOTION. UM, AND I WILL BE IN SUPPORT OF THIS. UH, WELL, WE NEED A SECOND FIRST. OH, SORRY. WHO WOULD LIKE TO, COMMISSIONER BEVIES SECOND. SO COMMISSIONER BEEZ. YEAH, I'LL BE IN SUPPORT OF THIS. UM, YOU KNOW, MAINLY BECAUSE IT'S, IT'S NOT EXTENDING THE, THE FULL LENGTH IN, IN COVERING REALLY THE HOME. UM, IN THIS AREA. IT'S, IT'S, THERE'S, UH, BIG LOTS, BIG PROPERTIES. UM, I, I THINK IT DOES HELP PROTECT, UH, THE, THE APPLICANT AND HIS VEHICLES AND, AND WHAT THEY'RE, THEY'RE LOOKING TO DO THERE. SO I'M IN SUPPORT OF IT. COMMISSIONER BEVIS, I, I AGREE WITH MY, UH, WITH MY COLLEAGUES. I'LL SUPPORT THE MOTION. I I AGREE WITH EVERYTHING THAT HE SAID. AND ALSO, UM, I, I UNDERSTAND THAT YOU'RE TRYING TO PROTECT YOUR, YOUR HOME AND YOUR VEHICLES, AND YES, THE FENCE ACTUALLY, UM, IS A NICE ADDITION TO THE NEIGHBORHOOD. THANK YOU. ANY OTHER COMMISSIONERS LIKE TO ADD? UH, I'M JUST GONNA SAY I'M IN SUPPORT AS WELL. UH, MAYBE NOT FOR THE GARAGE, BUT FOR THE FENCE. YES. SO WITH THAT, LET'S HAVE ARU CALL VOTE COMMISSIONER EZ. UH, YES, I CONCUR. COMMISSIONER BEEZ? I CONCUR. COMMISSIONER BURTON. I CONCUR. COMMISSIONER RHI. COMMISSIONER KAPLAN. AYE. AYE. UH, I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ. I CONCUR. COMMISSIONER ZUNIGA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER MAMMA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER RHI, CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. UH, MOTION PASSES, UH, 10 TO, UH, ZERO WITH ONE, I GUESS TECHNICAL DIFFICULTY, UH, UH, EXTENSION . SO, UH, NEXT IS THE, UH, VARIANCE MOTION. WE'D LIKE TO MAKE THAT. ALL RIGHT. GOING ONCE, GOING TWICE. UM, IT, THE VARIANCE, UH, DIES FOR LACK OF MOTION. SO WHAT THAT MEANS IS THAT, UH, THERE WASN'T A COMM COMMISSIONER WILLING TO MAKE A MOTION FOR THE GARAGE DOOR VARIANCE. THE FENCE ONE WAS APPROVED, UH, BUT THE GARAGE DOOR WAS NOT. SO STAFF CAN FURTHER EXPLAIN WHAT THAT MEANS AND FOR YOU, SO IF YOU CAN GET WITH THEM. MM-HMM, . OKAY. THANK YOU. UH, ITEM NUMBER NINE. ITEM NUMBER NINE IS BOA CA. DATE CASE. 23 DASH 1 0 3 0 3 0 8. ADDRESS IS 74 34 FIELD GATE DRIVE COUNCIL DISTRICT SIX. THE APPLICANT IS JEFFREY PACE. THE REQUEST IS FOR ONE, A THREE FOOT SPECIAL EXCEPTION [02:45:01] FROM THE MAXIMUM THREE FOOT FENCE HEIGHT TO ALLOW A COMBINED FENCE IN THE FRONT YARD. AND TWO, A FIVE FOOT VARIANCE FROM THE MINIMUM 15 FOOT DRIVEWAY. CLEAR VISION TO ALLOW A 10 FOOT DRIVEWAY CLEAR VISION. THE ZONING IS R SIX RESIDENTIAL SINGLE FAMILY. THE SUBJECT PROPERTY IS LOCATED ON FIELD GATE DRIVE, EAST OF LOOP FOUR 10 WEST AND SOUTH OF TEXAS. HIGHWAY 1 51 CLOSE TO WHERE THE TWO HIGHWAYS INTERSECT. THE PROPERTY OWNER IS REQUESTING A THREE FOOT FENCE, SPECIAL EXCEPTION TO ALLOW A SIX FOOT COMBINED FENCE IN THE FRONT YARD. PRIOR TO CON CONSTRUCTION. UPON SITE VISITS, STAFF FOUND NO OTHER SIX FOOT COMBINED. FENCES WERE OBSERVED IN THE FRONT YARDS OF OTHER PROPERTIES, AND AN ADDITIONAL VARIANCE REQUIREMENT FOR A FIVE FOOT VARIANCE FROM THE 15 FOOT VARIANCE FOR CLEAR VISION FOR THE PROPERTY DRIVEWAY WAS FOUND. THIS IS THE SITE PLAN. THIS IS THE SUBJECT PROPERTY, AND THIS IS THE SURROUNDING AREA. STAFF RECOMMENDATION FOR THE FENCE HEIGHT EXCEPTION STAFF RECOMMENDS DENIAL IN BO OA DASH 23 DASH 1 0 3 0 0 3 0 8 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE PROPOSED DEVELOPMENT DOES NOT APPEAR TO PROVIDE SIGNIFICANT DIFFERENCES IN USE IF DEVIATED FROM THE ORIGINAL UNIFIED DEVELOPMENT CODE, COMBINED FENCE STANDARDS. AND TWO, THE PROPOSED DEVELOPMENT WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT STAFF RECOMMENDATION FOR THE CLEAR VISION SETBACK VARIANCE STAFF RECOMMENDS APPROVAL IN BOA DASH 23 DASH 0 3 0 0 3 0 8. UH, BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE PROPOSED VARIANCE TO THE CLEAR VISION REQUIREMENTS WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. AND TWO, THE ENFORCEMENT OF THE 15 FOOT CLEAR VISION REQUIREMENT WOULD IMPOSE UNNECESSARY HARDSHIP UPON THE PROPERTY OWNER AS THE CONSTRUCTION OF A FENCE AT THAT PROPERTY LINE. AND THE FRONT YARD LEAVES MINIMAL OPTIONS FOR REARRANGING THE PROPOSED DEVELOPMENT. WE MAILED, UH, STAFF MAILED 30 NOTICES. THERE WERE ZERO IN FAVOR, SIX IN OPPOSITION, AND THERE IS NO NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET. AND HERE ARE THE PUBLIC RESPONSES THAT ARE MAILED IN AND EMAILED. ALL RIGHT, THANK YOU. LET'S HAVE THE APPLICANT COME FORWARD. HI, IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR, UH, CASE, PLEASE. MY NAME IS, UH, JEFFREY PAEZ. AND, UM, I JUST MOVED HERE TO 74 34 FIELD GATE. UH, WE CLOSED ON THE PROPERTY ABOUT A MONTH AGO, AND I MOVED FROM 5 3 4 SOLAR. UM, AND AT SOLAR I GOT HERE. WHEN I GOT, I GOT APPROVED FOR A SIX FOOT FENCE. THEN, UH, 2017 I GOT APPROVED. AND THE ONLY DIFFERENCE I WANT TO DO ON THIS ONE, I'M ASKING FROM THE GROUND UP, THREE FEET NON-VISIBLE BECAUSE OF MY DOGS. I'M A DOG BREEDER. AND, UM, HERE IS THE CLOSING DOCUMENTS FROM SOLAR. WHEN I SOLD THE HOUSE, I HAVE THE PAPERWORK WHEN I JUST BOUGHT THIS HOUSE, UH, OCTOBER 31ST. I HAVE TWO CHILDREN AND THREE DOGS RIGHT NOW. I GOT THEIR BIRTH CERTIFICATES, PASSPORTS FOR BOTH MY CHILDREN. I HAVE THE EMPLOYEE IDENTIFICATION NUMBER FOR MY DOG BUSINESS. I HAVE LAST YEAR'S TAX RETURN. I HAVE THE TITLE TO, UH, MY VAN FOR THE DOGS I HAVE HERE. THE BOTH, UH, ALL THREE DOGS ARE REGISTERED WITH THE AMERICAN BULLY KENNEL CLUB. THEY'RE MICROCHIP, THEY HAVE BULLY IDS. THERE'S MY NAME, UM, VACCINATION CERTIFICATES, UH, VETERINARY HEALTH CERTIFICATE FOR EXPORT DOGS FROM ROMANIA TO THE UNITED STATES. ALL THESE DOGS ARE FROM ROMANIA. I HAD 'EM SHIPPED OVER HERE. SO I HAVE THAT, I HAVE THE WIRE TRANSFERS THAT I SPENT ON MY FEMALE, $9,740 AND 40 CENTS. THAT WAS JUST FOR ONE FEMALE. UH, PLUS. OKAY, SIR, SIR, WHAT DOES THIS HAVE TO DO WITH THE FENCE? BECAUSE OF THE ISSUES WITH DOG BREEDING IS THERE'S BEEN A LOT OF, I GOT NEWS CLIPPINGS TOO, OF PEOPLE STEALING DOGS, PEOPLE GETTING MURDERED FOR DOGS. UM, IT JUST GETS BAD. AND I CAN SHOW YOU AND PLAY VIDEOS OF THAT. AND PEOPLE ARE JUMPING OVER THE FENCE TO STEAL DOGS. PEOPLE ARE SHOOTING AT PEOPLE DURING TRANSACTIONS. IT, IT, IT GETS REAL. OKAY. I HAVE LIKE VIDEOS OF THAT. CITY STAFF ARE, ARE, ARE YOU ALLOWED TO BREED DOGS ON A RESIDENTIAL HOME? [02:50:02] UM, LEMME PULL UP THE HOME OCCUPATION SECTION. I ALREADY SPOKE TO THE CITY OF ANIMAL SERVICES. THEY SAID, OH, AS SOON AS THE LITTERS ARE ON THE GROUND, THAT THEY WOULD HAVE AN INSPECTOR GO OUT THERE AND SEE BASICALLY WHERE, WHERE THEY'RE EATING, WHERE THEY'RE SLEEPING, ALL THAT. SO I ALREADY HAD TALKED TO THEM AS WELL. BUT AGAIN, I CAN'T SUBMIT THESE, UH, LITTER'S PERMIT AND CELLAR'S PERMIT UNTIL THE LITTER IS LITERALLY ON THE GROUND. SO YOU CAN'T HAVE, UH, ANIMAL KETTLES, STABLES, UM, ANYTHING LIKE OBEDIENCE SCHOOLS. IT DOESN'T SPECIFICALLY STATE, UM, BREEDING IS NOT ALLOWED. UM, AND AS LONG AS HE DOESN'T CHANGE THE CONFIGURATION OF THE, UM, OF THE HOME, UM, THEN HE'S GOOD TO DO THAT FOR A, UH, HOME OCCUPATION. OKAY. YOU CAN'T, YOU CAN'T HAVE MORE THAN ONE LITTER PER YEAR THOUGH. YES, SIR. AT A HOME. YES, SIR. RIGHT. AND I WAS GOING TO ADD THAT THE, UH, THE ANIMAL SERVICES WEBSITE DOES INDICATE THAT PRIVATE BREEDERS, AS LONG AS THEY HAVE A PERMIT, OKAY. MM-HMM. , I JUST WANTED TO GET THAT. I ONLY ONE PER YEAR, RIGHT? CORRECT. . OKAY. SO, UM, SO THE ISSUE BEFORE US IS THAT YOU'RE ASKING FOR A SIX FOOT FENCE, BUT YOU'RE WANTING THE FIRST THREE FEET TO BE NON-VISIBLE, NON VISIBLE FOR THE DOGS AND THE CHILDREN AS WELL. NOW, CURRENTLY HE COULD DO A THREE FOOT, UM, SOLID FENCE AND THEN DO UP TO TWO MORE FEET OF PREDOMINANTLY OPEN. CORRECT. BUT HE'S ASKING TO DO THREE FEET PREDOMINANTLY OPEN. CORRECT. IS THAT, IS THAT THE WAY YOU UNDERSTAND? YES, SIR. OKAY. AND, UH, SO I JUST WANNA MAKE SURE THAT THE COMMISSION'S AWARE OF WHAT, OF WHAT'S, 'CAUSE I GOT THE IMPRESSION YOU'RE ASKING FOR A, A SIX FOOT SOLID FENCE ACROSS THE FRONT. OKAY? YEAH. ALL RIGHT. UM, AND IS THERE ANY, UH, QUESTIONS FOR THE APPLICANT? BRAGMAN COMMISSIONER BRAGMAN? UM, IS THERE ANY REASON WHY YOU CANNOT USE YOUR BACKYARD FOR THIS? I, I AM AND I JUST WANTED TO UTILIZE THE WHOLE LOT AGAIN FOR MY CHILDREN AND THE DOGS SO THEY CAN, I CAN OPEN THE GARAGE AND THEY BOTH CAN JUST, EVERYBODY CAN RUN AROUND THE LOT. THAT WAS MY INTENTION. I WANTED TO DO LIKE A PLAYGROUND IN THE BACK AND KIND OF SOMETHING IN THE FRONT FOR JUST EVERYBODY TO COME OUTSIDE AND, YOU KNOW, BUT I, I CAN STILL BE SECURE FOR ALL PRIVACY, SAFETY AND UH, YOU KNOW, BUT IF I, FOOT FENCE WOULD GO AHEAD. SORRY. SO ARE YOU TALKING ABOUT PUTTING A FENCE ACROSS YOUR DRIVEWAY AS WELL? YES, MA'AM. ALL AROUND THE FRONT END OF THE LOT PROPERTY LINE. THAT'S THE WAY I HAD IT AT MY PREVIOUS ADDRESS. SO THINK ABOUT THE NCDS. YEAH. YEAH. AND THIS SITE'S NOT IN AN NCD OR ANYTHING, IT'S SIMPLY JUST REGULAR UDC. OKAY. SO IN A FIVE FOOT FENCE WOULDN'T DO IT FOR YOU? WELL, IF YOU DON'T MIND, I CAN PLAY THIS AND THIS IS JUST, THAT HAPPENS. STUFF THAT HAPPENS ALL THE TIME, SNATCHED RIGHT OUTSIDE THEIR FRONT DOOR. THE CRISP HOME SECURITY FOOTAGE SHOWS THREE SUSPECTS. ONE OF THEM REACHES OVER THE SHORT FENCE AND YANKS HAZEL UP BY THE COLLAR AS HE RUNS OFF WITH THE NO, I, I GET THAT. BUT I'M WONDERING, YOU KNOW, I'M TRYING TO ENVISION SOMEBODY REACHING OVER A FIVE FOOT TALL FENCE, MAYBE NOT REACHING OVER, BUT I'M, UM, MY ONLY CONCERN IF I'M NOT THERE, THEY CAN JUMP IT AS OPPOSED TO A SIX FOOT FENCE. I THINK A SIX FOOT FENCE WOULD BE A LOT HARDER. OKAY. THAT'S WHY I'M JUST TRYING TO FIND OUT, UH, THE, THE NECESSITY BEHIND THE EXTRA FOOT. OKAY. ANY OTHER QUESTIONS? MANNA, COMMISSIONER, MANNA? SO AGAIN, SO FOLLOW UP WITH, UH, COMMISSIONER OREN'S, UM, QUESTION. SO, YOU KNOW, SO WE DO, YOU KNOW, SIX FOOT FENCES ARE PERMITTED ON THE SIDE. UM, AND SO FROM THE, FROM THE FRONT FACADE TO THE, THE REST OF THE HOUSE, UM, YOU KNOW, BEING SIX FOOT AND THEN FIVE FOOT IN THE FRONT PART OF THE SECTION, YOU KNOW, WITH, WITH THREE FOOT AND TWO FOOT, UH, PREDOMINANTLY OPEN, SO THREE FOOT SOLID, TWO FOOT, UH, PREDOMINANTLY OPEN. SO, YOU KNOW, HAVING, YOU KNOW, BOTH FENCES ALLOWING FOR THE TALLER FENCE, WE'LL SAY TOWARDS THE BACKYARD WITH, WITH, YOU KNOW, A LITTLE BIT MORE PROTECTION IN THE FRONT YARD. SO, SO WHICH WOULD ALL BE ALLOWED WITHIN, UM, I GUESS WITH THE, WITH THE CURRENT ZONING, YOU KNOW, IS THAT AN OP AN OPTION FOR YOU AS WELL? SO ALLOWING FOR THE SIX FOOT FENCE, PROVIDE YOUR PROTECTION FOR YOUR MORE BACKYARD AND THEN, AND THEN THE, WE'LL SAY THE MORE STANDARD FENCING IN THE FRONT YARD. AS I DRIVE THROUGH NEIGHBORHOOD, I DON'T SEE ANY OTHER FENCES THAT ARE OVER FOUR FOOT ANYWHERE ELSE IN THE NEIGHBORHOOD. SO, YES SIR. SO YOUR YOURS WILL BE DIFFERENT THAN EVERYBODY ELSE'S. YES SIR. SO, SO IS IS A SIX FOOT OPTION ON THE SIDE AND THEN, AND THEN THE, WE'LL SAY THREE FOOT, TWO FOOT COMBINATION, UM, IN THE FRONT, AN OPTION FOR YOU OR, OR DO YOU IF POSSIBLE? I LIKE SIX FOOT IN FRONT. [02:55:01] I, I, I RESPECT WHATEVER DECISION Y'ALL HAVE IN THE END, BUT, UH, JUST AT MY PREVIOUS, I DID GET APPROVED FOR A SIX FOOT FENCE AT MY LAST PROPERTY. THAT'S WHY I WAS KIND OF JUST HOPING TO NOT, I DIDN'T HAVE NO ISSUES THERE EXCEPT FOR THAT ONE WAS WIDE OPEN AND FROM PUPPIES TO ABOUT FOUR MONTHS, THEY'RE ABLE TO JUMP TO THOSE LITTLE UH, SPACES. THAT'S WHY I KIND OF WANTED TO PUSH THAT. BUT, YOU KNOW, I RESPECTED WHATEVER DECISION IN THE END. SO IF FIVE FOOT IS, IT IS WHAT IT IS. OKAY. IF HE DOES A FIVE FOOT, UH, WITH A THREE FOOT SOLID WITH TWO FEET OF, OF PREDOMINANTLY OPEN ON TOP, IT'S STILL A CLEAR VISION ISSUE, CORRECT? CORRECT. OKAY. AND IS TRAFFIC CHIMED IN AT ALL? UH, JUST THEIR NORMAL ANALYSIS OF A CLEAR VISION. ALRIGHT. ALRIGHT, WELL WITH THAT, IF THERE'S, UH, ANY OTHER, NO OTHER QUESTIONS? IS THERE ANY PUBLIC COMMENTARY OTHER THAN WHAT WE'VE SEEN ALREADY? ANYBODY SIGNED A DISPUTE VOICEMAIL? NOPE. NO PUBLIC COMMENT. ALRIGHT, SO WITH THAT I'M LOOKING FOR, UM, A MOTION. ALL RIGHT, COMMISSIONER MANNA. LET'S SEE. REGARDING CASE NUMBER BO 8 2 3 1 0 3 0 0 3 0 8, I MOVED AT THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A TWO FOOT SPECIAL EXEMPTION FROM THE MAXIM THREE FOOT FENCE HEIGHT TO ALLOW A FIVE FOOT COMBINED FENCE IN THE FRONT YARD, SITUATED AT 7 4 3 4 FIELD GATE DRIVE, ABE AND JEFFREY PAEZ, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE, OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF PROVISIONS OF THE UEC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT OF PURPOSE OF THIS CHAPTER. THE SPECIAL EXCEPTION, THE SPECIAL EXCEPTION FENCE HEIGHT, UH, BEING GRANTED IS A FIVE FOOT COMBINED FENCE FOR THE FRONT YARD. THE REQUEST WOULD BE IN HARMONY IN THE SPIRIT AND THE PURPOSE OF THE ORDINANCE AS PROPOSED FENCE WOULD PROVIDE AN ELEMENT OF SECURITY AND PRIVACY OF THE PROPERTY OWNER. B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THESE CRITERIA ARE REPRESENTED BY FENCE SIDES TO PROTECT PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF UNITY. THE PROPOSED COMBINED FENCE APPEARS TO SERVE THE PUBLIC WELFARE AND CONVENIENCE AS THE FENCE PROVIDES AN ELEMENT OF SECURITY TO THE PROPERTY OWNER. C THE PROPERTY OWNER, UH, WILL, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. DEFENSE VARIANCE WILL PROVIDE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT AND ADJACENT PROPERTIES. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THIS PROPERTY FOR WHICH THIS SPECIAL EXCEPTION SOUGHT THE ADDITIONAL FENCE HEIGHT IN THE FRONT YARD OF THE SUBJECT PROPERTY, DOES NOT APPEAR TO ALTER THE LOCATION FOR WHICH THE SPECIAL EXCEPTION SOUGHT AND DOES NOT APPEAR TO ALTER THE CENTRAL CHARACTER OF THE DISTRICT. E THE SPECIAL EXCEPTION WILL NOT, NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEARING ESTABLISHED FOR THE SPECIFIC DISTRICT. THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THIS DISTRICT. AND THE MOTION, I'LL SECOND, UH, SECOND BY COMMISSIONER KAPLAN, COMMISSIONER MANNA. SO, UM, SO I DID REDUCE IT BY THE ONE FOOT, UH, SIMPLY BECAUSE AS I GOOGLE DRIVE AROUND THE NEIGHBORHOOD, UM, I DON'T SEE ANY OTHER FENCES THAT ARE AT OUR, THAT ARE AT THE SIX FOOT HEIGHT. AND I THINK THOUGH THAT THERE ARE OTHER OPTIONS AVAILABLE, UH, TO THE APPLICANT, UH, IF THEY DESIRE A TALLER FENCE, UH, HAVING BE, YOU KNOW, BEHIND THE FRONT FACADE, UH, IF THEY, UH, DESIRE SOME MORE SECURITY. SO, UH, WITH THAT, UM, UM, SO, SO COMMISSIONER EXCEPTION, I'M OKAY WITH THAT. IT SAYS YEAH, BUT COMMISSIONER AMANDA, ARE YOU SAYING THAT YOUR MOTION IS FOR A, A, A THREE FOOT SOLID WITH A TWO FOOT PREDOMINANTLY OPEN ON TOP IN THE FRONT YARD? 'CAUSE YOU A THREE FOOT SOLID WITH A TWO FOOT PREDOMINANTLY OPEN? WELL THAT'S, THAT'S ALREADY ALLOWED. ARE ARE, IS THERE, ARE YOU, ARE YOU GIVING HIM AN ADJUSTMENT ON THE SIDE PART OF THE YARD AND NOT THE FRONT? OH, UM, I I THOUGHT THAT DURING THE DISCUSSION YOU HAD MENTIONED THAT SIX FOOT ON THE SIDE, BUT, BUT FIVE FOOT ACROSS THE FRONT OR SOMETHING. I, I DIDN'T KNOW IF THAT WELL, I WAS TALKING ABOUT THE SIDE FROM THE, FROM THE FRONT OF THE FACADE. OKAY. SO I GUESS, UM, YEAH, SO I GUESS THEN I RETRACT MY MOTION. YEAH. OKAY. SO THE MOTION HAS BEEN RETRACTED. UM, IT'S, IF THERE'S NO ONE ELSE WHO WOULD LIKE TO MOTION ON THE FENCE HEIGHT, UH, WE CAN MOVE ON TO THE CLEAR VISION. ALRIGHT. LET'S HAVE, HAS ANYONE LIKE TO MAKE A MOTION ON CLEAR VISION AND WHAT, AND THIS WOULD, IS THE CLEAR VISION SOLELY FOR THE FACT THAT HE WOULD BE CROSSING THE DRIVEWAY IF HE, WELL, EVEN IF [03:00:01] THE FENCE STOPS RIGHT SHORT OF THE DRIVEWAY, HE WOULD STILL NEED TO CLEAR VISION EVEN IF THE FENCE IS NOT ACROSS THE DRIVEWAY. AND THIS IS BECAUSE THERE IS A DRIVEWAY THERE, HE WOULD HAVE TO ST HE WOULD'VE TO ANGLE IT IN 15 FEET. CORRECT. OKAY. ALRIGHT. SO THERE'S NO MOTION ON THE CLEAR VISION BRAGMAN COMMISSIONER BRAGMAN REGARDING CASE NUMBER VO OA DASH 23 DASH 0 3 0 3 0 8. I MOVE TO THE BOARD OF ADJUSTMENT GRANTOR REQUEST FOR A FIVE FOOT VARIANCE FROM THE MINIMUM 15 FOOT DRIVEWAY CLEAR VISION TO ALLOW A 10 FOOT DRIVEWAY CLEAR VISION SITUATED AT 74 34 FIELD GATE DRIVE, APPLICANT BEING JEFFREY PAEZ. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS WE'VE DETERMINED SHOW THAT PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. STAFF FINDS THAT THIS REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST AS THE REDUCED CLEAR VISION OF THE DRIVEWAY ALLOWS FOR ADEQUATE SIGHT FOR ONCOMING VEHICLES DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE DOES NOT LEAVE ROOM TO BUILD A FENCE ALONG THE PROPERTY LINE AND HAVE ADEQUATE ROOM TO GET VEHICLE STORAGE ON THE PROPERTY'S DRIVEWAY. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REDUCED CLEAR VISION REQUIREMENT FOR THE DRIVEWAY WILL OBSERVE THE SPIRIT OF THE ORDINANCE AND WILL PROVIDE ADEQUATE SIGHT FOR ONCOMING VEHICLES. 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 WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF AN ADJACENT CONFORMING PROPERTY OR ARE OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE REDUCED CLEAR VISION LEADS SUFFICIENT ROOM FOR THE RIGHT OF WAY WHILE NOT ALTERING THE ESSENTIAL CHARACTER OF THE DISTRICT. SIXTH, THE PLIGHT OF THE OWNER OF THE PROPERTY OF WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE P TO THE OWNER OF THE PROPERTY, WHICH THE VARIANCE IS SOUGHT DUE TO IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE DEVELOPMENT PROVIDES LIMITED OPTIONS TO REARRANGE THE DEVELOPMENT AND MEET THE MINIMUM CLEAR VISION REQUIREMENTS AND OF MOTION. IS THERE A SECOND FOR THE MOTION? I SECOND. SECOND BY COMMISSIONER BENAVIDES. UH, COMMISSIONER BRACKMAN? UM, YEAH, I THINK WITH, UH, THE FACT THAT THE, UH, VISION, I MEAN, SORRY THAT THE FENCE HEIGHT WAS NOT APPROVED, UM, THAT I'LL BE FINE WITH THIS. CLEAR VISION STAFF. IT SEEMS TO BE AN APPROVAL, UH, OF THE CLEAR VISION AS WELL. ALRIGHT. COMMISSIONER BENAVIDES. I AGREE WITH MY COLLEAGUE. ALRIGHT, UM, HAS ANYONE ELSE LIKE TO ADD HEARING NONE? UH, LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BEAVIS? I CONCUR. COMMISSIONER BURTON. I CONCUR. COMMISSIONER RHI? I CONCUR. COMMISSIONER KAPLAN? I DO NOT CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER ZUNIGA? I DO NOT CONCUR. COMMISSIONER MANNA? COMMISSIONER MANNA. COMMISSIONER BONNI. I CONCUR. COMMISSIONER MANO? HE SAID, HE SAID NO. OH, THUMB DOWN. THUMB DOWN. THUMBS DOWN. COMMISSIONER MANA, CHAIR. ORIAN. UH, AND I, UH, DO NOT CONCUR. SO MO MOTION FAILS. UH, SIX TO FIVE, UM, SIX, FORCE FIVE AGAINST. SO WHAT JUST HAPPENED WAS THAT YOU CAN DO A THREE FOOT SOLID FENCE. YOU CAN DO A TWO FOOT, UH, PREDOMINANTLY OPEN ABOVE IT, BUT YOU'RE GONNA HAVE TO, UH, ANGLE IT IN AT YOUR DRIVEWAY A LITTLE BIT JUST SO YOU'RE KEEPING UP THE CLEAR VISION. UH, STAFF CAN, CAN MAYBE DRAW YOU A LITTLE SKETCH AND KIND OF TALK ABOUT WHAT THAT MEANS, BUT, BUT THAT'S, IF YOU HAVE ANY QUESTIONS, THEY'LL BE THERE TO ANSWER IT FOR YOU. YES. I APPRECIATE IT. THANK YOU. THANK YOU. MM-HMM? . ITEM 10. ALL RIGHTY. UH, CASE NUMBER 10 IS BO OA 23 1 0 3 0 0 3 0 9. LOCATED 1 46 VALDEZ AVENUE, DISTRICT ONE APPLICANT BEING, UH, AND , UH, FOR AN 11 FOOT, SIX INCH VARI FOR THE REQUIRED 16 FOOT SIX INCH. UM, [03:05:01] FRONT SETBACK, OH, TO ALLOW A FIVE FOOT FRONT SETBACK AND A FULL STORY VARIANCE FROM THE MAXIMUM TWO AND A HALF STORY TO ALLOW STRUCTURE WITH THREE AND A HALF STORIES. THIS IS ZONED IDZ, UH, WITH USE PERMITTED FOR FOUR DETACHED TOWN HOMES. NEXT SLIDE. WOW. SUBJECT PROPERTY IS LOCATED ALONG VAL AVENUE BETWEEN HIGHWAY 2 81, UM, AND NORTH ST. MARY'S PROPERTY ZONE IDZ, WHICH REQUIRED A FRONT SETBACK THAT IS WITHIN 10% AT A MEDIUM, UH, FRONT SETBACK TO THE OF THE EXISTING BUILDINGS ON THE BLOCK FACE. MAIN BLOCK FACE FRONT SETBACK IS 18 FEET FOUR INCHES AND 10% OF THAT WOULD BE 16 FEET, SIX INCHES. THE PROPERTY IS ALSO LOCATED WITHIN 50 FEET OF SINGLE FAMILY DRAWINGS, WHICH IS LIMITED THEM TO TWO AND A HALF STORIES, THREE, FIVE FEET. DEVELOPMENT WILL PROPOSE TO HAVE THREE AND A HALF STORIES. SLIDE THREE. THREE. THIS IS THE SITE PLAN. UM, THE FRONT SETBACK AS INDICATED IN ITEMS ONE, AGAIN, THE MEASUREMENTS OF THE BLOCK FACE CAME UP TO 16 FEET, SIX INCHES, UM, FROM THAT 10%. SO THEY'RE ASKING FOR AN 11 FOOT, SIX INCH VARIANCE TO HAVE A FIVE FOOT FRONT SETBACK. AND THE TWO BUILDINGS WILL ALSO HAVE THREE AND A HALF STORIES SLIDE SUBJECT PROPERTY AS IT IS RIGHT NOW AND SURROUNDING AREA STAFF RECOMMEND IT NOW AND BO OA 3 0 9 BASED ON THE FOLLOWING FUNDS OF THE FACT. THE FRONT SETBACK WILL BE SIGNIFICANTLY LESS THAN THE BLOCK FACE AND THE HEIGHT WILL TOWER OVER THE SURROUNDING SINGLE FAMILY DWELLINGS AND THE REQUEST WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. STAFF SENT OUT 25 NOTICES. ZERO RETURN IN FAVOR, THREE IN OPPOSITION AND TOBIN HILL COMMITTEE NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION OF THE REQUEST. NEXT SLIDE. THERE IS THE TOBIN HILL RESPONSE AND THE PUBLIC COMMENTS. THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. ALL RIGHT, LET'S HAVE THE APPLICANT COME FORWARD AND UH, AND PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE. HELLO, UH, MY NAME IS ANNA SALCEDO AND HERE IS ES. WE ARE FROM ES. STRATEGIC INVESTMENTS. UM, WELL THE, THE PROPERTY WAS ALREADY PLOTTED, DIVIDED IT IN FOUR DIFFERENT PROPERTIES WITH A PRIVATE STREET WITH ACCESS AND EXIT. UH, SIDE WORK BUILDING PERMIT IS ALREADY APPROVED, ALONG WITH TWO OF THE FOUR HOUSES THAT ARE PROPOSED, HAVE ALREADY STARTED CONSTRUCTION AND HAVE SAME DESIGN, UH, WITH THREE AND A HALF STORIES PROPOSED. SO WE CONSIDER THAT TO HAVE AESTHETIC AND NOT DISCREPANCY IN THE FOUR HOUSES, WE SHOULD KEEP SAME DESIGN FOR THE FOUR HOUSES. UM, WELL, IN REGARDS TO THE SETBACK, THE PROJECT HAS AN IDC ZONE IN DESIGNATION, AND THE SETBACK REFLECTS THE APPROVED PLOTTED, UH, SETBACK. UM, MOST FOR THE ONE, UH, CAN, CAN WE SEE THE SITE PLAN? I YOU GO TO THIRD SHOWING THE SITE PLAN? YEAH. MORE, MORE IN, IN CASE, UM, FOR THE PROPERTY THAT IT'S IN THE CORNER. UM, SO WITH THE OTHER PROP, UH, PORTIONS OF THE PRO ALREADY APPROVED AND THE CONSTRUCTION UNDERWAY, IT LIMITS OUR ABILITY TO MODIFY THE, THE ALREADY APPROVED SETBACK. MORE FOR THE, YEAH, FOR THE ONE IN THE CORNER. YEAH. I, I, I WOULD, I WOULD JUST ADD THAT WE HAVE CONSTRUCTION ON THEIR WAY FOR TWO OF THE FOUR HOUSES ALREADY, AND THESE OTHER TWO HOUSES HAVE THE, THE THREE AND A HALF STORIES THAT WE'RE PROPOSING FOR THIS ONE. SO THESE WOULD JUST MAKE THE OTHER TWO IDENTICAL. SO WE SUBMITTED PERMIT APPLICATIONS FOR ALL FOUR AND GOT APPROVAL FOR THE PRIOR TWO, BUT NOT THE, NOT THESE OTHER TWO THAT WE'RE TRYING TO SEEK THE, UH, THE, THE VARIANCE REQUEST. OKAY. UH, WE'RE GONNA, SORRY. NO, COULD PLEASE CONTINUE? NO, I, I WAS JUST GONNA PROCEED TO SHOW THE PICTURE OF THE HOUSE THAT WE'RE PROPOSING. SO YOU CAN SEE THAT'S THE CONSTRUCTION ALREADY ON OUR WAY, AND WE, I, I THINK WE SHARED A RENDER OF THE HOUSE THAT WE'RE PROPOSING. YEAH. WHAT [03:10:01] I CAN SHOW IT, I DON'T KNOW IF I CAN SHOW IT FROM A COMPUTER OR IN THE CAMERA APP OR, BUT I SENT IT PREVIOUSLY TODAY A RENDER AND SOME PICTURES OF THE, UH, CONSTRUCTION STATE. OH, YEAH, THEY CAN PROJECT IT UP. YEAH, THEY HAVE A CAMERA. YEAH. DO YOU REMEMBER I SENT IT TO YOU? TO THE, YEAH, MR. YEAH, SOME OF THE MENTIONS, SOME OF THE COMMENTS MENTIONED, UH, KEEPING THE SPIRIT THE SAME OR BEING UNEQUAL. SO WE JUST WANTED TO, UH, FOR THE COMMITTEE TO CONSIDER A FORWARD LOOKING VIEW IN THAT WE WOULDN'T BE DOING SOMETHING DIFFERENT IN THAT WE ALREADY HAVE TWO HOUSES BEING BUILT IN THAT SAME LOT THAT ARE GONNA BE IDENTICAL. UH, MAY I ASK A QUESTION? YES, SURE. WE'RE GONNA, COMMISSIONER KAPLAN, UH, DID YOU GET VARIANCES FOR THE OTHER TWO? NO, YOU DIDN'T. AND THOSE ARE AS OF RIGHT? YES. THREE THREE STORIES? YES. THREE AND A HALF. THREE HALF STORIES. THAT'S A PICTURE OF THE, OF, OF, OF THE APPROVAL. OKAY. SO WE'RE JUST GOING, WE WERE JUST PROPOSING BUILDING THE ADDITIONAL TWO AS, AS THOSE, OKAY. MR. CHAIRMAN, COMMISSIONER ZUNIGA. SO, UH, YOU HAVEN'T GOTTEN PERMITS FOR THE OTHER TWO THAT YOU WERE SAYING? WE GOT PERMITS FOR THE TWO THAT ARE BUILDING ON THEIR WAY, AND WE'RE ON THE PERMIT APPLICATION PROCESS FOR THE ADDITIONAL TWO THAT WE'RE SEEKING A VARIANCE TO SEAL FOR SOME REASON. THEY WERE, THEY WERE, UH, THEY WENT THROUGH TWO DIFFERENT PROCESSES. STAFF. STAFF. HE SAYS HE GOT PERMITS FOR TWO ALIKE OR RELATED, UH, DID HE GET, UH, PERMITS ON THEM? UH, YES SIR. THAT, I'M SORRY. THAT WAS IN, UH, JULY OF 2021. SO THAT WAS BEFORE. OH, RIGHT, IT WAS LONG AGO. THAT'S A DIFFERENT STORY. YES, SIR. YES, SIR. OH, SORRY. ONE IS, UH, ONE WAS IN, UH, JULY, 2021 AND OTHER WAS IN THIS YEAR, 2023. THE 3 0 1, RIGHT? THE ONE THAT YOU'RE TRYING TO GET NOW? YEAH. NO, NO, NO. THE ONE THAT IT'S ALREADY APPROVED. ONE OF THE, THE ONES THAT ARE ALREADY ALREADY APPROVED. ONE WAS IN JULY, 2021, AND THE OTHER ONE WAS IN THIS YEAR. OCTOBER, 2023. YEAH. OKAY. SO YOU'RE BUILDING ON WITHOUT A PERMIT? NO, NO, NO, NO, NO. THE ONES THAT WE'RE BUILDING, THEY ALREADY HAVE A BUILDING PERMIT IN ACTIVE AND WE'RE BUILDING AND THE ONE IN 2023, WHAT DATE WAS THAT? OCTOBER, 2023. THAT WAS APPROVED IN 2023. AND WE HAVE A BUILDING PERMIT AND WE'RE BUILDING RIGHT NOW. UM, I EXCUSE, THAT'S WHAT I'M, YEAH, I GOT A FLOOR. PLEASE, MA'AM. OKAY. UH, STAFF. SO USE YOUR MICROPHONE PLEASE. STAFF. I GOT MY MICROPHONE. YEAH, WE CAN'T HEAR YOU. OKAY, THERE YOU GO. DAMN. I'M GONNA HEARING AIDS. UH, STAFF SAID THAT 2023, UH, HE, HE, WELL, THE 2023, HE'S ALREADY GOT THE PERMITS. SO DID HE GET THE PERMITS ON 2023 FOR THREE? IT WAS APPROVED. AND WHAT'S THE DIFFERENCE THAT THIS ONE, THE DIFFERENCE IS, IS THAT IT'S THE OLD IDZ AND NOT THE NEW IDZ? NO. OKAY. OKAY. THANK YOU. OKAY, SO LET, LET ME, LET ME TRY TO, I, I'M LOOKING AT THE APPROVED IDZ SITE PLAN, AND IT WAS APPROVED FOR FOUR TOWN HOMES. UH, IT DOESN'T TALK ABOUT HEIGHT. SO IT'S THE PRE 20 18 1. SO IT'S WHEN IT WAS MOVED FORWARD. SO IT, SO THEY, SO BACK THEN THEY COULD HAVE GOTTEN A PERMIT TO BUILD SOMETHING, THREE STORIES, CORRECT? YES. OKAY. AND BUT NOW THEY CANNOT CORRECT. UNDER THE NEW IDZ? YES. ALRIGHT. UNDER THE NEW I, SO THEY HAD A, THEY CHANGED THE IDZ ZONING? NO, THEY HAVE NOT. SO WOULDN'T THEIR IDZ BE TIED TO THE PRE 20 18 1? IT IS. THAT'S WHAT WE WERE DETERMINING OVER HERE RIGHT NOW. AND, AND THEY APPLIED FOR, UM, IT GOT APPROVED IN 2023. BUT YOU APPLIED BEFORE 2023, CORRECT? FOR THE BUILDING? FOR THE ONES, BOTH OF THEM, UH, FOR THE FOUR OR FOR THE, FOR THE TWO ARREAR? WE, WE EXTEND THE PERMIT FOR THE, UH, 2 0 1. UH, WE APPLIED FOR THE 3 0 1 THIS YEAR. AND, AND FOR THE TWO NEW ONES, IT SAYS 3 0 1 WAS APPLIED FOR IN 2021? NO, NO, NO, JUST THE, JUST THE 2 0 1 WAS APPLIED IN 2021. SO WHAT, WHAT'S HAPPENING IS, IS AS OF AS OF, UH, WHAT IS IT JANUARY 1ST OR SOME CODE CHANGES THAT KICKED IN THAT WOULD DISALLOW YOU TO AUTOMATICALLY SHOOT TO THAT HEIGHT THAT YOU'RE GOING FOR? SO YOUR IDZ ZONE, I'M LOOKING AT THE ACTUAL ZONING ORDINANCE AND, AND IT SAYS THAT YOU WERE APPROVED FOR FOUR DETACHED TOWN HOMES. SO IN THEORY, AND IF YOU HAD MOVED FORWARD WITH THIS BACK THEN YOU COULD HAVE GONE THAT HIGH, BUT TODAY YOU CANNOT. AND SO THAT'S WOULD'VE BEEN WHY YOU GOT A PERMIT FOR A COUPLE OF THEM, BUT YOU'RE [03:15:01] HAVING AN ISSUE NOW. UM, AND THE THING ABOUT THE, THE PREVIOUS IDZ IS THAT IT DIDN'T HAVE THE SPECIFICITY THAT THEY HAVE TODAY REGARDING SITE PLANS AND PROJECT DESCRIPTIONS, THEY WERE VERY LOOSELY WRITTEN. IF YOU WERE TO MOVE FORWARD WITH THIS ZONING CHANGE TODAY, YOU WOULD'VE HAD TO PUT OUT A DETAILED SIDE PLAN EXPLAINING HEIGHTS, EXPLAINING EVERYTHING, AND THAT IT'S WASN'T PART OF THIS OLD. AND SO ALL IT SAYS IS FOUR TOWN HOMES AND THAT YOU HAVE TO COMPLY WITH THE UDC. AND SO BECAUSE YOU'RE MOVING FORWARD WITH THIS APPLICATION, THEORETICALLY YOU'RE LIMITED TO TWO AND A HALF STORIES. AND SO, UM, IS, IS, IS THERE ANYTHING YOU'D LIKE TO, TO ADD WITH ABOUT THAT AS FAR AS WHY THE HEIGHT IS, IS NEEDED? I MEAN, I KNOW YOU'RE NEAR THE HIGHWAY AND YOU ONLY HAVE SO MANY NEIGHBORS, UM, BUT YOUR ORIGINAL SITE PLAN, UH, ALSO DIDN'T INCLUDE THE INTERIOR ROAD. IT WAS VERY, IT WAS DIFFERENT. I MEAN, IT SHOWED IT ACCESS OFF OF VALEZ. UM, IT WAS, IT WAS A LITTLE DIFFERENT THAN WHAT YOU'RE DOING NOW. WHAT YOU'RE, WHAT IT SEEMS LIKE WHAT YOU'RE DOING NOW IS YOU'RE CREATING THIS, THIS T UPSIDE DOWN T SHAPED SORT OF PRIVATE DRIVE WHERE ALL YOUR ACCESS IS COMING FROM THAT, CORRECT? YEAH. YEAH. YOU HAVE ACCESS AND EXIT BOTH WAYS? YES. OKAY. SO HOW ARE YOU MEETING, ARE YOU DOING SPRINKLER SYSTEMS ON THIS TO MEET THE AERIAL APPARATUS LANE REQUIREMENTS FOR BEING THAT TALL? LET'S THE ORIGINAL, UH, COULD YOU REPEAT AGAIN? WELL, WHEN YOU GO THAT HIGH, YOU'RE REQUIRED TO, TO MEET THE AERIAL APPARATUS FIRE STANDARDS, WHICH HAS CERTAIN REQUIREMENTS FOR A TRUCK WITH, YOU KNOW, FOR THE LARGE LADDERS TO HIT YOUR, YOUR, LIKE YOUR HOUSE IS SUPPOSED TO BE, I THINK IT'S LIKE 14 TO 39 FEET AWAY FROM THE FRONT STREET. UH, SO ARE YOU DOING SPRINKLER SYSTEMS ON THIS THING? NO, NO SPRINKLER SYSTEM IN ANY OF THEM. YEAH. AND, AND YOU'RE, AND YOU GOT A PERMIT TO GO THAT HIGH WITHOUT A SPRINKLER SYSTEM? YES. FOR THE TWO THAT ARE UNDERWAY? YES. YEAH, WE, WE HAVE A FIRE RATED, UM, WALLS, BUT NO, NO SPRINKLER. ARE YOU PUTTING IT AN ACCESS GATE TO GET IN? THERE IS NO GATE THERE IS OPEN THE STREET. THE, THE STREET WILL BE OPEN. YEAH. SO THE TRUCK CAN GO INSIDE. SO THAT'S YEAH. INSIDE AND EXCEPT BOTH SIDES. YEAH. OKAY. SO, UM, IS, IS THERE ANY OTHER QUESTIONS FROM THE, FROM THE COMMISSION, UH, UH, KAPLAN OF THE OCEAN, MR. KAPLAN? SO THE QUESTION IS ON, ON THE TWO NEW UNITS, THE GARAGES ARE GOING TO BE FACING INTO THIS T THE BOTTOM OF THIS T. OKAY. WHY CAN'T YOU HAVE A FRONT DOOR FACING VALDEZ THEN AND THE GARAGE FACING THE BACK? WELL, THINE WAS A, IS FACING ALL THE FOUR HOUSES, UH, FACING THE INTERIOR STREET, AND WE THINK IT'S BETTER THAT WAY TO, TO AVOID, UH, TRAFFIC GOING OUT AND YEAH, SO I SEE. YEAH, I SEE. SO IT'S BETTER FOR TRAFFIC TO GET INSIDE THE HOUSE FROM THE PRIVATE STREET. WHAT'S APPROVED? THIS IS PRIVATE STREET. IT, THE TEA THAT IT'S, UH, PROPOSED BETWEEN THE FOUR HOUSES. OKAY. UM, I, I HAVE AN UNDERSTANDING OF WHAT'S HAPPENING HERE. I, I, I, I UNDERSTAND THAT YOU, YOU, YOU WERE MOVING FORWARD. WHEN DID YOUR PLAT GET APPLIED FOR, FROM THE, THE PLA WAS, UH, I THINK IT'S 2019, AND THEN THERE WAS A, A RENEWAL OF 2021. I THINK THE NEW ONE IS 2021. SO ADDITIONAL QUESTIONS FOR STAFF IS THAT SINCE THERE PLAT WAS MOVED FORTH PRIOR TO 2023, COULDN'T THEY USE THAT? COULD THEY USE THAT FOR VESTED RIGHTS ON THE HEIGHT? NO, SIR. IT HAS TO BE THE, THEY HAVE TO MEET THE, THE MEET THE, THE, UH, REQUIREMENTS FOR THE DISTRICT. AND SO, YEAH, NO, THEY WOULDN'T BE ABLE TO DO THAT. NOW WHAT I MEAN IS, IS SO LIKE IF, IF, UH, WHEN YOU GET VESTED RIGHTS, YOU CAN BE EXEMPTED FROM CODE CHANGES, UH, JUST NOT LIFE SAFETY CODE CHANGES. SO I'M, I'M CURIOUS WHY THEY COULDN'T, 'CAUSE I'VE USED, PERSONALLY, I'VE USED THAT TO GO AGAINST THE, THE, YOU KNOW, THE HIGHWAY CORRIDOR REQUIREMENTS. UM, I'M JUST WONDERING WHY THE, THE HEIGHT REQUIREMENT WOULDN'T APPLY ON A VESTED RIGHTS APPLICATION IF THEIR PLATT PREDATES IS FROM 2019. I DUNNO IF THAT'S EVER BEEN DISCUSSED WITH, WITH YOU ALL. NO, AND I WOULD HAVE TO CHECK WITH NICOLE ON THAT TO SEE IF IT, IF THEY WOULD ACTUALLY QUALIFY. OKAY. SO WHAT, WHAT I'M, WHAT I'M BRINGING UP IS THIS, SO THERE'S A PROCESS CALLED VESTED RIGHTS WHERE YOU CAN, IF YOU HAVE A PERMANENT IN PLACE, MEANING A PLAT, YOU CAN USE THAT TO, TO LOCK IN THE CODES OF THAT DAY WITH EXCEPTION OF LIFE SAFETY CODES, YOU KNOW, IT WOULDN'T APPLY TO THE FIRE CODE WHETHER YOU'D HAVE TO SPRINKLE IT OR NOT, IF THAT EVER COMES UP. BUT THERE ARE CERTAIN CODES LIKE SETBACKS AND OTHER, AND SOME ZONING RELATED CODES THAT, THAT WOULD, AND YOU MAY NOT NEED TO BE HERE. UH, AND SO FOR THE, FOR THE COMMISSION, I THINK THAT, UM, BEFORE WE GO AROUND GIVING, UH, VARIANCES [03:20:01] OR DISCUSSING VARIANCES, IF THERE'S ANOTHER OPTION, I JUST WANT EVERYONE TO KNOW ABOUT IT, WHICH WE DON'T KNOW FOR SURE YET BECAUSE IT HAS TO BE RUN BY OTHER PEOPLE WHO ARE MORE, UH, INTO THAT SORT OF STUFF, UH, WITH THE CITY. SO, UM, IT, YEAH, I MEAN, I'M NOT OPPOSED TO A CONTINUANCE WHILE THEY LOOK INTO THAT MATTER. I THINK THAT'S A GOOD IDEA BECAUSE FOR A CONTINUANCE. SO WHAT, SO WHAT'S HAPPENING IS, IS, UM, I, I SUGGEST THAT YOU, YOU GO TALK TO STAFF ABOUT WHAT THAT MEANS AND WHAT IT COULD MEAN FOR YOU BECAUSE YOU, IT MAY, YOU MAY NEED TO EVEN TAILOR THE VARIANCE THAT YOU HEAR ASKING FOR. IT MAY NOT BE AS MUCH AS WHAT YOU THINK YOU NEED. YEAH. OKAY. YEAH. ALRIGHT. SO, UM, WE HAVE A MOTION FOR CONTINUANCE. WHAT WOULD BE WOULD BE ENOUGH TIME FOR YOU? THE NEXT MEETING IS THE 18TH, AND THEN WE HAVE THE FIRST MONDAY IN JANUARY. OKAY. THANK YOU. WHAT, WHAT, WHAT DATE, WHAT DATE WOULD YOU NEED TO, TO DO SOME RESEARCH AND LOOK INTO THIS? IT'S TWO WEEKS ENOUGH TIME? YEAH, I THINK SO. YEAH. YEAH, I THINK SO. TWO WEEKS WILL BE FINE. SO I MOVE FOR A CONTINUANCE UNTIL DECEMBER 18TH. OKAY. THERE'S A SECOND BY SECOND BY COMMISSIONER BRAGMAN. ALL IN FAVOR SAY AYE. NAY. AYE. AYE. ANY, ANY OPPOSED? HEARING NONE. UH, THE, THE ASK FOR NICOLE SALINAS WOULD BE THE, SHE KNOWS A LOT OF THAT STUFF, RIGHT? NICOLE SALINAS . ALL RIGHT. AND WE RECORD. UM, AND JUST REAL QUICK, WE DO HAVE, UM, ONE SPEAKER, I BELIEVE. OH, WAIT, OKAY. SO BEFORE I , IS THAT RICK? MR. RICK SNELL? UM, IF YOU WANNA GO UP AND, ALRIGHT, THANK YOU VERY MUCH. MM-HMM, , I'M NOT GONNA DECLARE THE, UH, RESULTS UNTIL WE HEAR FROM THE, UH, SPEAKER IN CASE WE NEED TO MAKE A CHANGE. GOTCHA. MY NAME IS RICK. SHE, I AM THE REPRESENTATIVE FOR TOBIN HILL COMMUNITY ASSOCIATION, FOUR 30 EAST MISTLETOE AVENUE. UM, I AM THE ZONING AND DEVELOPMENT COMMITTEE CHAIR FOR THE ASSOCIATION. UH, A COUPLE OF QUESTIONS THAT CAME OUT OF JUST THE DISCUSSION THAT I HEARD JUST NOW. UM, FIRST OF ALL, I BELIEVE THE CODE CHANGED IN 2018. IT DID NOT CHANGE IN 2021 OR 2023. I MEAN, IT DID AGAIN IN 2023. UH, BUT THIS WAS DONE IN 2018. IT SEEMS TO ME THAT A MAJOR AMENDMENT WOULD BE REQUIRED HERE IN ORDER TO HAVE THIS GO THROUGH THE ZONING PROCESS AND ACTUALLY BE REVIEWED, UM, PRIOR, BUT BEFORE, YOU KNOW, WE GET INTO ANY OF THOSE OTHER THINGS. UM, I REALLY JUST WANNA MAKE SURE THAT YOU ALL UNDERSTAND THAT VALDEZ IS EXTREMELY NARROW, AND SO ALLOWING THAT FRONT SETBACK TO OCCUR IS GONNA CREATE A, A LITTLE ZIPPER, RIGHT? AND SO THE SETBACKS ALONG THAT STREET WILL, WILL ALL BE CON CONGRUENT EXCEPT FOR THAT ONE PARTICULAR, UM, THE HEIGHT IS WHOLLY INAPPROPRIATE, UH, WHETHER THEY HAVE RIGHTS OR NOT, OR PRIOR RIGHTS OR THIS OR THAT OR ALL THE DIFFERENT THINGS. TOKEN HILL HAS BEEN VERY ACCOMMODATING WITH, UH, PROJECTS THAT ARE TWO AND A HALF STORIES, EVEN THREE STORIES TALL, UH, ESPECIALLY WHEN THEY'RE IN THE PROPER PLACES. BUT THIS IS DIRECTLY ABUTTING NOT ONLY SINGLE FAMILY HOMES, THIS IS ALSO DIRECTLY ABUTTING THE EAST FRENCH HISTORIC DISTRICT. UM, IT SHARES A PROPERTY LINE WITH THE HISTORIC DISTRICT. AND SO THREE, THREE STORIES OR THREE AND A HALF STORIES DIRECTLY ABUTTING THAT IT'S NOT APPROPRIATE. UM, IT'S NOT APPROPRIATE IN A MID DOWN REGIONAL PLAN. IT'S NOT APPROPRIATE IN OUR NEIGHBORHOOD PLAN. THE LAST THING THAT I WANTED TO BRING UP WITH THIS, UM, WAS THAT AS RECENTLY AS A MONTH AGO, WE HAD A ZONING CHANGE REQUEST ON MCLEAN STREET TO ALLOW FOR EIGHT UNITS TO BE BUILT. ONE, THE ONE REQUEST THAT WE HAD IS THAT THE FRONT FACING PORCHES FACE, THE STREET SCAPE, RIGHT? AND SO WE ASKED THEM TO TURN THAT AROUND, CHANGE THEIR, CHANGE THEIR BUILDING A LITTLE BIT, AND TO ADD LIKE A 200 TO 250 SQUARE FOOT PORCH TO ENGAGE THE STREETS SCAPE. UM, THIS ALSO IS GONNA BE A HARD NO FROM US AS FAR AS, UM, UH, MAKING AN EXCEPTION FOR THIS PARTICULAR CASE. UM, YOU KNOW, THIS BEING THREE AND A HALF STORIES TALL, THIS IS, THIS IS NOT ON A CORRIDOR, THIS IS NOT IN A COMMERCIAL AREA. UH, THIS IS NOT GOING COMMERCIAL TO RESIDENTIAL. THIS IS IN THE RESIDENTIAL CORE OF THE NEIGHBORHOOD. AND SO, UM, AS I SAID BEFORE, WE'VE EVEN SEEN, YOU KNOW, I'VE GOT MULTIPLE EXAMPLES IF ANYBODY WANTS TO TAKE A LOOK, I'VE GOT ADDRESSES AND PLACES IN OUR OWN NEIGHBORHOOD WHERE THIS TYPE OF DEVELOPMENT IS PERFECT. THIS IS NOT ONE OF THOSE PLACES. OKAY? THANK YOU. OKAY. YEAH. AND SO, AND I JUST WANTED JUST TO ADDRESS SOME OF YOUR CONCERNS. SO WHAT'S HAPPENING IS, UM, WE MAY NOT BE ABLE TO EVEN ENTERTAIN THIS. IF YOU HAVE, IF YOU HAVE RIGHTS AND YOU HAVE THE ABILITY TO GO THIS HIGH AND DO, AND BE EXEMPT FROM SOME OF THESE SETBACKS BECAUSE THE DATE YOU APPLIED FOR THAT PLAT LOCKED YOU IN EVEN ONE DAY BEFORE THE CODE CHANGES. ONE OF THE THINGS THAT'S IMPORTANT IS, YOU KNOW, WHAT ARE WE VOTING ON? IS THIS SOMETHING THAT WE'RE ALLOWED TO VOTE ON THAT WE SHOULD BE VOTING ON? YOU KNOW, YOU MAY NOT EVEN NEED TO COME BACK TO US, AND SO WE WILL FIND OUT IN TWO WEEKS WHETHER OR NOT THIS IS A DECISION THAT WE CAN EVEN ENTERTAIN. UH, BUT, [03:25:01] UH, BUT PLEASE GET WITH STAFF SO WE HAVE THE RIGHT INFORMATION AND, AND THAT WAY WE CAN MAKE AN INFORMED DECISION, OKAY? SURE. ALL RIGHT. THANK YOU. SO YOU, YOU'VE BEEN, YOU ARE HEREBY CONTINUE TO DECEMBER 18TH BASED ON OUR PREVIOUS VOTE. I'M PROCLAIMING THE RESULTS OF THE, OF THE VOTE. UH, AND WE'LL SEE YOU IN TWO WEEKS. GREAT. THANK YOU. YEAH, THANK YOU VERY MUCH. ALL RIGHT, NEXT ITEM. OKAY, WE'RE GONNA TAKE A FIVE MINUTE BREAK AND WE WILL RECONVENE AT 4 43. ITEM NUMBER 12. OKAY, SO ITEM NUMBER 12 IS, UM, LOCATED AT 18, UH, EIGHT 18 VIRGINIA. UM, DISTRICT TWO APPLICANT BME CASA DESIGN. SO THIS IS FIRST VARIANCE IS THE 826 SQUARE FOOT VARI FOR THE MINIMUM 4,000 SQUARE FEET TO ALLOW DEVELOPMENT ON A 31 76 SQUARE FOOT LOT. UH, FOUR FOOT SEVEN INCH VARI FOR THE MINIMUM 10 FOOT REAR SETBACK TO ALLOW A STRUCTURE TO BE FIVE FOOT FIVE INCHES FROM THE REAR PROPERTY LINE, AND A VARIANCE OF GOING ABOVE 50% OF THE OUS COVER. UH, ZONED RMM FOUR. NEXT SLIDE PLEASE. SUBJECT PROPERTY IS LOCATED ALONG VIRGINIA BOULEVARD, NEAR SOUTH PINE, CURRENTLY VACANT, AND THE APPLICANT INTENDS TO CONSTRUCT A DUPLEX, UH, COD WAS ISSUED FOR SINGLE FAMILY IN NOVEMBER, 2022. THE APPLICANT WOULD NEED TO REAPPLY FOR A COD FOR TWO-FAMILY USE. THE APPLICANT IS SEEKING A VARI FOR THE MINIMUM LOT SIZE TO ALLOW A 31 76 SQUARE FOOT. UM, LOT UPON REVIEW BY STAFF. IT WAS NOTED THE APPLICANT WOULD ALSO NEED A VARI FOR A REAR SETBACK AND TO EXCEED THE 50% PREVIOUS COVER IN THE FRONT YARD. SLIDE PLEASE. UH, SO, UH, FROM THE TOP TO BOTTOM, UH, THE REAR SETBACK IS NUMBER TWO ON TOP. UH, THE ONE KIND OF IN THE MIDDLE IS REPRESENTS THE OVERALL LOT SIZE AND THREE IN, UM, REPRESENTS THE IMPERVIOUS COVER ON THE FRONT YARD. NEXT SLIDE PLEASE. CURRENT, UH, CONFIGURATION OF THE SUBJECT PROPERTY AND SURROUNDING AREA STAFF RECOMMENDS APPROVAL ON BO OA 2 3 1 0 3 0 0 1 7 5 BASED ON FOLLOWING, FOLLOWING FINDINGS OF THE FACTS, UH, STAFF FIND THAT THE REQUEST IS NOT CONTRARY AS DEVIATED FOR THE MINIMUM LOSS SIZE WILL NOT INCREASE DENSITY OF THE ASSIGNED ZONING DISTRICT. THE, THE ANTICIPATED REAR SETBACK THIS AND PROVIDES ALLOWABLE AMOUNT OF SPACING AND WATER WILL STILL BE ABLE TO PENETRATE THROUGH THE SURFACE, UM, AS A PLANNED FRONT YARD IMPERVIOUS COVER IF FOR THE REQUIRED PARKING DRIVEWAYS. NEXT SLIDE PLEASE. UM, 40 NOTICES WERE SENT OUT. ZERO IN FAVOR AND OPPOSE AND DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION IS IN SUPPORT OF THE REQUEST. NEXT SLIDE PLEASE. IS THE, UH, MESSAGE FROM THE DENVER HEIGHTS ASSOCIATION AND APPLICANT IS AVAILABLE. GOOD AFTERNOON, THANK YOU. BOARD OF ADJUSTERS FOR THE SERVICES Y'ALL DO FOR OUR CITY. WE APPRECIATE ALL YOUR HELP. UH, NAME IS ROLAND CASTRO. I'M WITH, UH, M CASA DESIGN REPRESENTING MR. ANDREW ORTIZ. UH, THE OWNER'S, UM, OUT OF TOWN RIGHT NOW. SO I'M REPRESENTING HIS, UH, INVESTMENT IN THIS. UH, WE CAME IN SEPTEMBER TO, UM, EARLY SEPTEMBER, UH, AUGUST, UM, FOR A REVIEW OF, OF THIS PROJECT DEVELOPMENT. UM, THE VARIANCES THAT WE REQUESTED FOR, UM, THE SETBACKS ARE, ARE STILL THE SAME. UM, THEN, UM, THE ISSUE BACK THEN WAS THAT IT WAS GONNA BE A THREE STORY DUPLEX AND WE HADN'T TALKED TO DENVER HEIGHTS ASSOCIATION AND SINCE THEN WE TALKED TO THEM. UM, I DIDN'T HAVE ANY ISSUES TALKING TO DENVER HEIGHTS. THEY CALLED US AND EMAILED US AND HAD A ZOOM MEETING WITH THEM. SO I DON'T KNOW HOW THE OTHER PEOPLE DIDN'T HAVE MEETINGS WITH THEM, BUT THEY WERE KIND OF ENOUGH TO, UM, MEET WITH US. UM, AFTER SPEAKING WITH THEM AND REVIEWING OUR PROJECT AND GOING OVER SOME DESIGN ADJUSTMENTS, WE SENT THEM OUR REVISED DESIGN AND WE DECIDED TO GO WITH A TWO STORY, UM, DUPLEX AND, UM, THEY APPROVED IT. WE'VE GOT OUR APPROVAL LETTER HERE IF YOU WANT TO SHOW THAT THERE AS WELL. UH, I'VE GOT ALSO SOME UPDATED [03:30:01] PLANS THAT I SENT OVER, BUT I GUESS IT DIDN'T GET TO Y'ALL. UM, THE SITE IS DIFFERENT THERE ON THAT PART. UM, SO IT'S NOW A TWO STORY DUPLEX. THERE'S NOT A CARPORT. UM, ONE OF THE, UH, RECOMMENDATIONS THAT THE BOARD DID BACK THEN WAS TO PROVIDE, UH, MAYBE A BAND OF CONCRETE FOR THE DRIVEWAY SO THAT WE CAN CONTINUE THE PREVIOUS COVERAGE. AND SO WE DID THAT AS WELL ON THAT PART. UM, IF YOU WANT TO SHOW THAT SLIDE PLAN THERE. AND SO THE VARIANCES THAT WE'RE REQUESTING ARE STILL THE SAME BACK IN SEPTEMBER, THE ONLY DIFFERENCE THAT WE DID WAS WE CHANGED IT DOWN TO A TWO STORY DU DUPLEX AND, UH, PROVIDED THE, UH, ADJUSTMENT FOR THE DRIVEWAY. SO WE HAVE MORE THAN 50% OF THE IMPERVIOUS COVERAGE IN THE FRONT ON THAT PART. THAT'S KIND OF ALL IN A NUTSHELL WHAT WE HAVE. SO YOU DON'T NEED A VARIANCE FOR THE IMPERVIOUS COVER ANYMORE 'CAUSE YOU'RE DOING SOMETHING DIFFERENT. WELL, WE DECIDED TO GO WITH THE BAND OF, UH, DRIVEWAY BAND THERE SO THAT THAT WAY WE CAN PROVIDE SOME IMPERVIOUS COVERAGE THERE AS WELL. SO THAT DOES NOT NEED TO BE INCLUDED IN THE THAT'S CORRECT. WE DON'T REQUIRE 50. SO WE'RE DEALING WITH JUST A, A REAR SETBACK VARIANCE AND THE LOT SIZE. THE LOT SIZE, CORRECT. AND IF, AND YOU, YOU PURSUED A-A-C-O-D? YES. THEY, THE PROCESS OF RE CHANGING THAT TO A MULTI-FAMILY, COD SO . SO THEN YOU DON'T NEED A LOT SIZE VARIANCE? WELL, WE STILL NEED THE LOG SIDE, UH, VARIANCE BECAUSE IT'S SMALLER FOR THE RMM FOUR SQUARE FOOTAGE THAT IT'S ALLOWED WE'RE 826 SQUARE FEET LESS THAN WHAT THE REQUIRED SIZE IS. OKAY. UM, SO YOU WEREN'T CLAIMING YOUR RIGHTS UNDER THE, UNDER SEVEN ARTICLE SEVEN THEN YOU WERE, YOU WERE JUST USING THE PLA THE GENERAL PLAT EXCEPTIONS? I MEAN, WOULDN'T YES. ISN'T THIS CONSIDERED A LOT OF RECORD OR ARE YOU A PLATTED LOT? IT'S A PLOTTED LOT. YEAH. LIKE YOU'RE A SINGLE LOT NUMBER. IT'S A SINGLE LOT NUMBER. YEAH. OKAY. ANY OTHER QUESTIONS FOR THE APPLICANT? NO ONE. NOBODY HAS ANY QUESTIONS? , THINK WE'RE ALL TIRED OF BEING HERE ALL DAY. SO, UH, YOU KNOW, I GUESS I DON'T WANNA KEEP HARPING ON THIS, BUT I'M TRYING TO FIGURE OUT LIKE WHY THEY COULDN'T GET A COD UNDER ARTICLE SEVEN. UM, SO THE COD WAS APPROVED, UM, FOR A SINGLE FAMILY RESIDENTIAL AND, UH HMM. I DON'T, I DON'T KNOW IF ARTICLE SEVEN WILL SUFFICE, BUT WE INFORMED THE APPLICANT THEY NEED TO GO BACK AND REAPPLY FOR THE COD. UM, I MEAN, I'M NOT OPPOSED TO THE LOT SIZE VARIANCE. I'M, I'M ONLY ASKING BECAUSE THERE'S A, THERE'S A PROVISION ARTICLE SEVEN WHERE IF YOU'RE AN EXISTING SUBSTANDARD LOT OF RECORD, YOU CAN USE THAT TO GET A COD AND YOU WOULDN'T NEED US FOR THE LOT SIZE. WHEN WE GOT INVOLVED, THEY HAD ALREADY PROCESSED THE COD SO, UM, I WASN'T AWARE THAT THAT WAS AVAILABLE, BUT I DEFINITELY WILL LET THEM KNOW ON THAT. UM, AND IF THEY NEEDED TO DO A COD FOR THE MULTI-FAMILY, THEN WE CAN PROCESS THAT WITH THEM NOW. I JUST, I JUST DON'T LIKE A PROVING VARIANCE OR SOMETHING TO SOMEBODY WHO DOESN'T NEED ONE. THAT'S ALL. YEAH, I, I HEAR WHAT YOU'RE SAYING. ALRIGHT, SO IF THERE'S NO OTHER QUESTIONS, UH, IS THERE ANYBODY ASSIGNED TO SPEAK ANY VOICEMAILS? NO PUBLIC COMMENT. ALRIGHT. UM, IS THERE ANYTHING FROM ANY OTHER THING? THE COMMISSION, WE'RE LOOKING FOR A MOTION THEN BRAGMAN COMMISSIONER BRAGMAN REGARDING CASE NUMBER BO OA DASH TWO THREE DASH 0 3 0 0 1 75. I MOVE FOR INVESTMENT. THANK YOU GRANT. A REQUEST FOR ONE AN 826 SQUARE FOOT VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT LOT TO ALLOW EIGHT 3,174 FOOT SQUARE LOT TO A FOUR FOOT SEVEN INCH VARIANCE FROM THE MINIMUM 10 FOOT REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE FIVE FOOT FIVE INCHES FROM THE REAR PROPERTY LINE SITUATED AT 8 1 8 VIRGINIA BOULEVARD. APPLICANT BEING ZA DESIGN ARCHITECTURE 'CAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. STAFF FINDS THESE REQUESTS ARE NOT CONTRARY AS DEVIATING FROM THE MINIMUM LOT SIZE WILL NOT INCREASE DENSITY FOR THE ASSIGNED ZONING DISTRICT. UH, THE AND THE ANTICIPATED REAR SETBACK DISTANCE PROVIDES AN ADEQUATE AMOUNT OF SPACING, [03:35:01] UH, FOR THE PROPERTY DUE ONE DUE TO SPECIAL CONDITIONS. THAT'S NUMBER WRONG. UH, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE SPECIAL CONDITION FOUND ON THE PROPERTY SUBJECT PROPERTY IS THAT IS A NON-CONFORMING LOT OF RECORD. AND SINCE THE LOT DOES NOT MEET THE MINIMUM LOT SIZE, THE ENFORCEMENT OF THE MINIMUM REAR SETBACK OF 20 FEET, UH, WOULD BE CHALLENGING. TWO, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. STAFF FINDS THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS THE APPLICANT IS ABIDING BY ALL OTHER BUILDING REQUIREMENTS. THREE. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY'S LOCATED STAFF FINDS THE REQUEST WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS OTHERWISE IN THE AREA APPEAR TO NOT ABIDE BY THE MINIMAL ODD SIZE REAR AND REAR SETBACK REQUIREMENTS. FIVE. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, ARE NOT MERELY FINANCIAL. THEY'RE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY, WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS THE SIZE OF THE LAW. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL. END OF MOTION. SECOND. SECOND BY COMMISSIONER KAPLAN. COMMISSIONER BREGMAN. YEAH, I'LL BE IN SUPPORT OF THE MOTION. THE FACT THAT THE, UH, DENVER HEIGHTS, UM, NEIGHBORHOOD ASSOCIATION IS IN SUPPORT. IT SOUNDS LIKE THE APPLICANT HAS SPENT A LOT OF TIME WORKING WITH THEM TO GET APPROVAL, WHICH WE COMMEND YOU FOR DOING. UM, AND THE FACT THAT WE ARE FACING A HOUSING SHORTAGE IN SAN ANTONIO, THE FACT THAT, YOU KNOW, THEY'RE JUST ASKING FOR 800 SQUARE FEET VARIANCE IN THE LOT SIZE TO PROVIDE TWO ADDITIONAL HOMES. UM, I'LL BE IN SUPPORT COMMISSIONER KAPLAN, I'LL BE IN SUPPORT OF IT ALSO. UH, AND ANYONE ELSE? I JUST WANTED TO CLARIFY REALLY QUICKLY. UM, YOU MENTIONED ABOUT THE COD. THE COD IS GONNA BE SPECIFIC TO THE SINGLE FAMILY DEVELOPMENT AND THEY'RE PROPOSING A TWO-FAMILY DEVELOPMENT. SO YEAH, I'M REFERRING TO SECTION 35 7 0 2 C, NOT CONFORMING LOTS OF RECORD WHERE IT READS THAT A SUBSTANDARD LOT MAY BE USED FOR ANY USES PERMITTED IN THE APPLICABLE ZONING DISTRICT. SUBSTANDARD LOT MEANING ANY WHICH LOT WHICH FAILS TO MEET THE REQUIREMENTS FOR AREA WITH OR BOTH. SO, UM, YOU KNOW, IF YOU'RE DOING SOMETHING IN YOUR WHOLE LOT, THAT WOULD BE THE SECTION YOU GET A COD UNDER. OKAY. THAT'S ALL. OKAY, DEAN, DEAN, COMMISSIONER DEAN. I WOULD LIKE TO COMMEND THE APPLICANT FOR WORKING WITH THE DENVER HEIGHTS, UM, ORGANIZATION AND COMING TO A COMPROMISE AND, UH, WITH LESS CONDITIONS FOR THIS BOARD TO HEAR SO THAT WE CAN MAKE A CLEAR DECISION. UH, AND SO I WILL BE SUPPORTING THIS. THANK YOU. APPRECIATE IT. ALRIGHT, SO WITH THAT, LET'S HAVE A ROLL CALL. VOTE, UH, MR. CHAIRMAN? OH, YES, COMMISSIONER, LET ME OFFER, UH, ANOTHER FRIENDLY EDITORIAL. MM-HMM. , UH, AMENDMENT. UH, CLEARLY PARAGRAPH FROM THE SECOND NUMBER ONE THROUGH FIVE NEED TO BE RENUMBERED TWO THROUGH SIX. OKAY. OH YEAH, I SEE THAT. I NOTICED THAT'S NOT WHAT I WAS READING AT THIS . OKAY. THANK YOU. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER KAPLAN, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER TON. I CONCUR. COMMISSIONER RHI, I, COMMISSIONER RHI, CAN YOU GIVE A THUMBS UP WITH THUMB THUMBS UP OR, I CONCUR. OKAY. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ. I CONCUR. COMMISSIONER ZUNIGA. I CONCUR'S THE FINALS OF FACT. COMMISSIONER MANA, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER AVILES? I CONCUR. COMMISSIONER EZ I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF? APPRECIATE IT. THANK Y'ALL. YEAH. MERRY CHRISTMAS. MERRY CHRISTMAS. ITEM NUMBER 11. DID WE DO THE 10? WE SKIPPED. UH, WE DID 10. [03:40:10] ITEM 11 IS BO OA DASH TWO THREE DASH 0 3 0 3. ADDRESS IS 91 0 3 CFA DRIVE COUNCIL DISTRICT FORM. THE APPLICANT IS FRANCISCO GOMEZ. THE REQUEST IS A, FOR A VARIANCE FROM THE FENCE MATERIALS TO ALLOW FOR A CORRUGATED METAL FENCE IN THE SIDE AND REAR YARD. THE ZONINGS ARE SIX RESIDENTIAL SINGLE FAMILY. THE SUBJECT PROPERTY IS LOCATED AT THE CORNER OF SEAFAIR DRIVE AND OLD SKY HARBOR DRIVE. THE PROPERTY WAS FOUND TO HAVE A CORRUGATED METAL FENCE CONSTRUCTED IN THE SIDE AND REAR YARD OF THE PROPERTY UPON SITE VISITS. NO OTHER CORRUGATED METAL FENCES WERE OBSERVED IN THE AREA, AND FENCES CONSTRUCTED WITH THE APPROVED MATERIALS WERE FOUND ON SURROUNDING PROPERTIES. NO OTHER VARIANCE REQUIREMENTS WERE FOUND ON THE PROPERTY. THIS IS THE SITE PLAN. THIS IS THE SUBJECT PROPERTY AND THIS IS THE SURROUNDING AREA. STAFF RECOMMENDATION FOR THE OFFENSE. MATERIAL VARIANCE STAFF RECOMMENDS DENIAL IN BO OA DASH 23 DASH 0 3 0 0 3 0 BASED ON THE FOLLOWING FINDINGS OF FACT. ONE, THE STRUCTURE APPEARS TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS IT IS CONSTRUCTED OF PROHIBITED FENCE MATERIAL. AND TWO, THERE ARE NO UNIQUE CIRCUMSTANCES ON THE PROPERTY THAT MERIT DEVIATION FROM THE REQUIRED FENCE MATERIAL. AND THERE ARE NO OTHER SIMILAR FENCES IN THE AREA. DAMN. STAFF MAILED 35 NOTICES. 10 RETURNED IN FAVOR, ZERO IN OPPOSITION. AND THERE IS NO NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET. AND THESE ARE SOME OF THE, THE RESPONSES. AND THIS CONCLUDES STAFF PRESENTATION. ALL RIGHT, THANK YOU. LET'S HAVE THE APPLICANT COME FORWARD. GOOD AFTERNOON, COMMISSIONERS. COMMISSIONERS ONLINE. THANK YOU. MY NAME IS FRANCISCO GOMEZ AND I'M THE HOMEOWNER HERE AT 91 0 3. CFA. UH, I'VE OWNED THE PROPERTY SINCE 2009 AND I'VE RAISED FOUR GIRLS THERE. AND, UH, THE REASON WHY I MADE A METAL FENCE WAS A COUPLE YEARS AGO, I HAD A CAR DRIVE THROUGH, UM, ACTUALLY, HOW, HOW DO I WORK? I GOT IT. I HAD A CAR DRIVE THROUGH HERE AND TOOK OUT A SWING SET, TOOK OUT A POOL, A TRAMPOLINE, AND THEN CAME OUT AND WHERE THIS TRUCK WAS AT, I HAD ANOTHER TREE AND ENDED UP ON THAT TREE. UM, BACK THEN I WAS WORKING FOR THE FIRE DEPARTMENT AND, UH, THE POLICE, WHEN THEY RESPONDED, ALL THEY ON THE REPORT, I ACTUALLY PROVIDED THE REPORT, THE INCIDENT REPORT. ALL IT SAID WAS THERE WAS A CAR SMOKING IN FRONT OF MY HOUSE. UM, BASICALLY I HAD BUILT THE FENCE THIS WAY. IT WAS MADE OUT OF WOOD BACK THEN. I HAD PRIVACY FENCE. AND FOR A NUMBER OF YEARS I'VE HAD KIDS COME BY, THEY'LL JUMP THE CURB, THEY'VE HIT THE END OF THE FENCE. UH, THAT WAS THE ONLY TIME I ACTUALLY HAD SOMEBODY DRIVE THROUGH THE ENTIRE HOUSE THROUGH THE FENCE. CAME OUT ON THE OTHER END. UH, IT WAS MEMORIAL DAY WEEKEND, UH, THE HIGH SCHOOL, UH, IN THE NEIGHBORHOOD. THE KIDS WERE GRADUATING THAT OVER THAT, THAT SATURDAY NIGHT. SO THERE WAS A BUNCH OF KIDS ALL OVER THE NEIGHBORHOOD HAVING, UH, THEIR, UH, HIGH SCHOOL GRADUATION PARTIES. UM, I REALLY DON'T KNOW WHAT HAPPENED. I KNOW THAT THE CAR WAS STOLEN WHEN THE, THERE WAS ACTUALLY, THE CAR JUMPED, THE CURB WENT THROUGH THE YARD WHEN, UH, I HAD JUST GONE IN PROBABLY AN HOUR PRIOR TO THAT, INSIDE THE HOUSE WITH MY KIDS. UM, AND UH, BASICALLY I WAS IN THE SHOWER. ALL I HEARD WAS WAS THE THUNDER OR THE, OR THE WOOD CRACKING OR, ANYWAYS, WHEN I RAN OUT, I HADN'T MY NEIGHBORS COME OUT. AND, [03:45:01] UH, IT TURNED OUT THAT HE WAS BEING CHASED BY THE POLICE OR BY ANOTHER CAR AND THERE WAS A SHOOTOUT. SO FOR YEARS, MY WIFE KEPT ASKING TO DO SOMETHING TO PROTECT THE PROPERTY, PROTECT US, PROTECT THE HOUSE. A COUPLE YEARS AGO WHEN I LEFT THE FIRE DEPARTMENT, I TOOK ON A JOB WHERE I, WHERE I TRAVELED FOR WORK. SO SINCE I'M OUT OF, I'M NOT AT HOME MAYBE TWO OR THREE TIMES OUT OF THE WEEK OR SOMETIMES A WEEK OUT, UH, MY WIFE, UH, KEPT ASKING ME TO DO SOMETHING TO PROTECT IT. IT, AND THIS IS THE REASON WHY I INVESTED IN AND BUILT THE FENCE THIS WAY. OKAY. UM, IS THERE ANY QUESTIONS FOR THIS APPLICANT? I HAVE A QUESTION. SO HOW DID YOU CONSTRUCT THE FENCE SO THAT IT'LL STOP A CAR NOW? WELL, IT'S, IT'S STEEL BEHIND IT. IT HAS POLES, UH, IN BETWEEN, IT'S EVERY 10 FEET OR EVERY EIGHT FEET. UH, I DIDN'T CONSTRUCT IT. I ACTUALLY HAD SOMEBODY CONSTRUCT IT AND THEN, UH, I DIDN'T KNOW THAT THIS WA WASN'T APPROVED MATERIAL UNTIL I, I GOT, UH, ED FOR IT. SO I PAID THE CITATION AND THEN I GOT TED AGAIN A YEAR LATER AND I GOT SENT TO COURT. SO I WENT TO COURT. AND THEN WHEN I GOT THERE, I TALKED TO THE BAILIFF AND THE JUDGE, AND HE'S THE ONE THAT ACTUALLY TOLD ME ABOUT THIS PROCESS, AND THAT'S HOW I ENDED UP HERE. OKAY. SO COMMISSIONER KAPLAN. SO IF SECURITY, UH, FROM AARON CARS IS YOUR ISSUE, WOULDN'T IT HAVE BEEN BETTER TO DO LIKE A MASONRY THREE FOOT WALL ON A FENCE ON TOP OF THAT THREE FOOT, TWO FOOT FENCE? UH, I DIDN'T, THAT DIDN'T COME TO MIND. COMMISSIONER. WHEN, WHEN WAS THAT? WHICH SEEMED TO BE A LITTLE BIT MORE SOLID IF YOU DID THE MASONRY. MY WIFE WOULD'VE WANTED ME TO DO ANYTHING. I MEAN, I, I DIDN'T THINK OF, OF ANYTHING ELSE. WE JUST, WE HAD A NEIGHBOR THAT, UH, WOULD DO CARPORTS AND, AND MAKE BUILDINGS AND HE WAS ONE OF THE, IT WAS A CONSTRUCTING A CONSTRUCTION COMPANY. YEAH. THERE WAS NO PERMIT. YOU, YOU DIDN'T GO FOR A PERMIT WHEN HE, WELL, ACTUALLY I WAS OUT OF TOWN WHEN IT WAS DONE, AND, UH, BASICALLY MY WIFE WAS THE ONE WHO, WHO GOT IT. AND AFTER, NOW AFTER THE, THE FIRST TIME I GOT THE CITATION, I ACTUALLY TRIED TO CONTACT THAT PERSON AND I COULDN'T GET AHOLD OF THEM. SO I JUST WENT AHEAD AND PAID BASICALLY WHAT I WAS GONNA DO. COMMISSIONER WAS BASICALLY ASKING ME WHY AM I BEING ED IF, IF, IF SUPPOSEDLY WE GOT, YOU GOT, UH, THIS DONE CORRECTLY. RIGHT. SO, SO HOW MANY YEARS HAS THIS BEEN UP? UH, YOU KNOW, UH, COMMISSIONER WITH C-O-V-I-D-I DON'T REMEMBER. I THINK IT WAS PRIOR TO CID WHEN THIS HAPPENED, SO YEAH. OR RIGHT AROUND, UH, 2020, I THINK ON, ON THE SIDE PLAN TURNED IN, UH, STAFF IS INDICATING THAT THE CORRUGATED METAL IS ALSO ON THE NON-ST. STREET SIDE OF THE HOME. IT'S ON ALL FOUR SIDES. NO, IT'S, IT'S THIS CORNER AND, UH, WHETHER YOU SEE THE TREE LINE IN THE BACK. SO IT'S IN YOUR BACKYARD BETWEEN YOU AND YOUR NEIGHBOR? BETWEEN ME AND MY NEIGHBOR. YES, SIR. WELL, YOU DON'T NEED THAT TO PROTECT YOU. UH, EXACTLY. BUT IF YOU WOULD SEE THAT PICTURE THERE. MM-HMM, , UH, THAT THE STREET WHERE THAT RED TRUCK IS AT ON THE PICTURE HERE. I'M SORRY, I'LL USE THE POINTER. OKAY. SO THIS STREET CURVES AROUND AND THIS TREE IS INSIDE MY LOT, BUT THAT IS OPENING. I'VE HAD, WE HAD ACTUALLY A CAR DRIVE BACK THERE TO, TO THE NEIGHBOR'S HOUSE, UH, STAFF. CAN YOU BRING UP THE, UH, SIDE PLAN S SO IF YOU CAN GET AN AERIAL VIEW, SO YOU SEE ON THE SIDE PLAN. SO HERE, HERE, THE STREET CURVES RIGHT HERE. MM-HMM. AND I, WE'VE HAD A CAR COME IN HERE. OKAY. SO THE, SO I HAVE A FRIEND HERE. SO YOUR NEIGHBOR DOES NOT HAVE A FENCE? UH, NO. HE HA IT WAS WOODEN FENCE. HE'S AN OLDER MAN. ALFRED. LORA, HE RAISED NINE KIDS THERE. HE IS BEEN THERE ABOUT 40 YEARS. SO, UM, WELL, WHAT I'M, WHAT I'M ASKING IS, IS YOU, YOU HAVE THAT GOING DOWN THE, THE SIDE OF YOUR HOME, BUT THAT'S ACTUALLY, IT'S YOUR SIDE. I HAVE, IF YOU'RE ON A CORNER LOT, YOU'RE TALKING ABOUT THE NEIGHBOR AT 9 2 5 1 NEXT TO YOU. IS THAT, IS THAT THE NEIGHBOR? SO I HAVE THE, THE FENCE GOES ALONG HERE. MM-HMM. DOWN THIS WAY AND THEN BACK ACROSS. AND DOES IT GO UP THE, THE SIDE? NO, THAT IS, SO THAT IS NOT PART OF IT? NO. OKAY. THAT IS, UH, WOOD. OKAY. CHAIRMAN? YES. COMMISSIONER ZUNIGA. YEAH. SO WHEN DID YOU BUILD, UH, THE FENCE? WHEN, YES. UH, 2020. I BELIEVE IT WAS 2020. OKAY. YES. AND, UH, THE CONTRACTOR THAT DIDN'T, DIDN'T TELL YOU YOU NEEDED A PERMIT? N NO. UH, HE SAID HE WAS GONNA GO TO THE CITY AND JUST GET A, A A, A FENCE PERMIT. THAT'S WHAT I WAS TOLD HERE. YEAH. SO YEAH, HE DIDN'T COME. YEAH, BECAUSE NOW, NOW I KNOW HE DIDN'T [03:50:01] COME. COMMISSIONER. YES. YEAH, BECAUSE IT'S PRETTY DIFFICULT FOR US TO SIT HERE AND ALREADY, YOU KNOW, TIME AND TIME AGAIN, WE HAVE GONE, YOU KNOW, AGAINST CORRUGATED. SO, YOU KNOW, I MEAN, I, I DON'T KNOW WHAT THE PANEL'S GOING TO ASK FOR, BUT I, I HAVE A HEART PROBLEM, YOU KNOW, LOOKING AT THE FENCE AND SAYING, OKAY, OTHER PEOPLE HAVE VIOLATED IT. WE HAVE PENALIZED SOME FOR EM. THEY HAVEN'T DONE WHATEVER. SO THAT'S WHAT I'M, THANK YOU VERY MUCH, SIR. NO, THANK YOU. COMMISSIONER, THIS IS FOR STAFF MS. KA, UH, COMMISSIONER KAPLAN. UM, IS THERE A CLEAR VISION ISSUE ALSO WITH THE GATE BECAUSE IT GOES INTO THE DRIVEWAY? NO, HE HAS THE, UH, REQUIRES CLEAR VISION FOR THAT. OKAY. AND THE, THE NEIGHBORING PROPERTY, UM, TO THE SOUTH OF THE SKETCH THAT'S UP ON THE SCREEN RIGHT NOW, THAT, THAT'S IN HIS FRONT YARD. UH, BECAUSE THE FENCE IS ON THE APPLICANT'S PROPERTY, IT CAN GO TO SIX FEET, BUT IF THE FENCE WAS MOVED OVER THREE OR FOUR INCHES, IT WOULD COULDN'T BE HIGHER THAN THREE FEET. CORRECT? YES, MA'AM. YOU TALKING ABOUT THE, THE SOUTH, UM, YEAH, THE, THE COMMON LINE BETWEEN 9, 2 5, 1 OLD SKY HARBOR AND, AND THE APPLICANT'S PROPERTY THAT, THAT LOOKS LIKE IT'S IN THE YEAH. NUMBER ONE ON THE VERY BOTTOM OF YOUR PAGE LOOKS LIKE IT'S ALSO IN THE FRONT YARD OF THE, OF THE HOME BEHIND IT. CORRECT. AND, AND SO, BUT BECAUSE IT'S IN HIS SIDE YARD, HE COULD DO SIX FEET. AND I'M JUST TRYING TO FIGURE OUT, BUT, BUT IF THE NEIGHBOR COULDN'T BUILD A FENCE SIX FEET THERE, HE COULD ONLY DO A FOUR FOOT FENCE. A THREE FOOT FENCE THERE. YEAH. THE NEIGHBOR WOULD ONLY, WOULD ONLY BE ABLE TO BUILD IN FRONT OF THE FRONT FACADE OF THE HOME. IT'S A REVERSE CORNER LOCK CONFIGURATION. SO THE NEIGHBOR COULD ONLY BUILD A FIVE FOOT, PREDOMINANTLY OPEN OR THREE FOOT PRIVACY FENCE, BUT OKAY. HE CAN BUILD THE HEIGHT THAT HE HAS NOW. OKAY. I'M JUST, I'M JUST NOT A FAN OF IT GOING DOWN THE SIDE THERE. I MEAN, IF I WERE TO GET BEHIND THIS, I JUST COULDN'T, I COULDN'T GET BEHIND THAT, THAT LOWER PART. OKAY. MANNA COMMISSIONER MANANA. SO, UM, IF I GO TO THE STREET VIEW ON GOOGLE AND I LOOK AT THE FENCE, UM, THAT'S THERE, IT, IT DOESN'T LOOK LIKE IT'S AN EVEN CAP ALONG THE, UM, OR, OR EVEN ACROSS THE TOP. AND SO IT VARIES IN HEIGHT. AND SO IS THE HEIGHT THAT WE MEASURED THE MAXIMUM HEIGHTS ACROSS THE WHOLE FENCE LINE OR, UM, IS THERE VARIATION THERE? 'CAUSE IT DOES LOOK LIKE IT DEVIATES BY MORE THAN SIX INCHES OR SO, AS YOU KNOW, AS WE LOOK ALONG, AT LEAST FROM THE, THE STREET VIEW. CAN YOU BRING UP THE STREET VIEW? I JUST WANNA CONFIRM THAT. YEAH, STEPH HAS, STEPH HAS IT UP NOW. YOU MAY MAY NOT SEE IT, BUT THEY'RE SHOWING US. YEAH. SO I MEAN, IS THAT AN ISSUE WITH REGARDS TO WHAT WE'RE VOTING ON? 'CAUSE IT DOES LOOK LIKE IT ALTERS AND I DON'T KNOW IF THE WAS WHERE THE HEIGHT WAS MEASURED AND IT DOES LOOK LIKE IT, IT DEVIATES AND THEN GOING TOWARDS THE BACK, IT LOOKS LIKE IT GOES UP SOME MORE. AND SO IS IT, IS IT ALL THE WAY AROUND SIX FOOT OR SO? THERE'S NO PART OF THE FENCE THAT IS, THAT NEEDS A HEIGHT VARIANCE? UM, WE DID OBSERVE A FEW INCH ON SOME OCCASIONS THERE WAS A FEW INCHES, WHICH IF THE ISSUE COMES UP, WE CAN SOLVE IT IN ADMINISTRATIVE VARIANCE, BUT NOWHERE DO WE SEE A NEED FOR A, A HIGH VARI OR HEIGHT SPECIAL EXEMPTION. OKAY. ALL RIGHT. ANY OTHER QUESTIONS? ALL HEARING NONE. IS THERE NO VOICEMAILS? NOBODY SIGNED UP TO SPEAK AT, UH, FOUR VOICEMAILS? ALL RIGHT, LET'S HEAR 'EM. HELLO, MY NAME IS EDITH LOPEZ AND I'M CALLING REGARDING A CASE OF, UM, DOA 23 10 30 0 3 10. AND I'M ACCEPT, I'M ACCEPTING DEFENSE OF MS. FRANCISCO EZ. THANK YOU. THIS IS CATHERINE CIA. ADDRESS IS 29 92 62 OLD SKY HARBOR SEVEN EIGHT TWO FOUR TWO. TELEPHONE NUMBER TWO TEN EIGHT ONE NINE SIX. CASE NUMBER BO A 23 3 3, UH, VOTING TOWARDS DEFENSE. THANK YOU. GOOD AFTERNOON. MY NAME IS MONICA ZA, I 11 91 0 5 SEAFORD DRIVE IN SAN ANTONIO, TEXAS. MY ZIP CODE IS 7 8 2 4 2 AND I'M CALLING ABOUT THE CASE N-O-V-O-A, DASH'S 23 DASH'S 1 0 3 0 0 3 10. AND I'M CALLING ABOUT [03:55:01] THE MY NEIGHBOR'S METAL FENCE AND I APPROVE THIS MESSAGE. THANK YOU. HELLO, MY NAME IS MRS. MY HUSBAND IS GREG. OUR ADDRESS IS 9 1 1 9 C FAIR DRIVE, SAN ANTONIO, TEXAS 7 8 2 4 2. I'M CALLING ABOUT CASE NUMBER OH EIGHT DASH 23 1 0 3 0 3. I AM VOTING FOR THANK YOU. IS THAT, THAT'S ALL. THAT'S ALL. ALRIGHT, SO IF THERE'S NO MORE QUESTIONS FOR THE APPLICANT, I'M LOOKING FOR A MOTION. OH, I I I HAD ONE OTHER, UH, WELL, I I DON'T KNOW IF IT'LL HELP. I HAD ONE OTHER, UH, A NEIGHBOR OF MINE GAVE ME A, A, UM, ANOTHER LETTER THIS MORNING, BUT YOU CAN GIVE THAT TO STAFF. UH, COMMISSIONER MANON. OH, SHOULD WE WAIT FOR HIM TO POST? THAT SHOWED UP ON SCREEN. I HAD ALSO SUBMITTED SOME PICTURES. I DON'T KNOW IF, IF THE COMMISSIONER'S GOT THE PICTURES OF THE, OF THE ACCIDENT WHEN THE CAR HAD GONE THROUGH, THERE WAS PICTURES. I HAD SUBMITTED PICTURES OF THE FENCE THAT, HOW IT WAS DAMAGED IN THE BACKYARD. NO, I MEAN, I'M, I'M, I DON'T KNOW IF THAT'S, I'M FINE WITH IT. I MEAN, WE'RE, WE'RE READY TO MAKE A MOTION, SIR. SO THANK YOU MR. MANA. SO THIS THE NEW, UM, LETTER. IT IS WITHIN THE 200 FOOT BUFFER. OKAY, SO REGARDING CASE NUMBER BOA 2 3 1 0 3 0 0 3 1 0, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR A VARIANCE FROM THE FENCE MATERIAL TO ALLOW A CORRUGATED METAL FENCE IN THE SIDE. IN THE, UH, LET'S SEE, PER THE DIAGRAM HERE, I'M ASSUMING ON THE OLD SKY HARBOR FACING SIDE. UM, AND, UH, BACK FENCE, UH, SITUATED AT 9 1 0 3 CFA DRIVE, APPLICANT BEING FRANCISCO GOMEZ. 'CAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE 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. THE PUBLIC INTEREST IS DEFINED AT THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY THE REQUIRED MATERIALS FOR CONSTRUCTIVE OFFENSE. THE APPLICANT HAS REQUESTED AN EXCEPTION TO THE APPROVED FENCE MATERIAL TO ALLOW FOR A CORRUGATED METAL FENCE. THE REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST, AS CORRUGATED METAL PROVIDES AN ELEMENT OF SAFETY AND SECURITY TO THE PROPERTY. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCES WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD NEED TO REBUILD THE OUR RECONSTRUCTIVE FENCE. THREE. BY GRANTING THE VARIANCE OF SPARE, THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPEAR OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE STRUCTURE APPEARS TO OBSERVE THE SPEAR OF THE ORDINANCE AS THE FENCE PROVIDES AN ELEMENT OF SECURITY FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH IS VERY, 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 CONFORMANT PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, WHICH IS PROPERTY IS LOCATED. IF GRANTED, THE VARIANCE WILL BE ALLOWED, WILL BE ALLOWED, UH, THE PROHIBITED FENCE MATERIAL AND WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FOREIGN PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. SIX, APPLY TO THE PROPERTY OWN, APPLY TO THE PROPERTY OWNER FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL OR NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH HIS VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING IN OUR PROPERTY AS THE CIRCUMSTANCES DO NOT APPEAR TO BE REALLY FINANCIAL. AND THE, LET'S SEE, STAFF FINDS THAT THE UNIQUE CIRCUMSTANCES FOR WHICH A VARIANCE IS SOUGHT OR WERE NOT CREATED BY THE OWNER OF THE PROPERTY, THEY'RE NOT REALLY FINANCIAL AND THEY'RE NOT DUE TO THE GENERAL CONDITIONS IN THE DISTRICT, WHICH IS PROPERTY IS LOCATED IN THE MOTION. IS THERE A SEC? SECOND BACK. COMMISSIONER BERNICE AND MR. MANER. SO, YEAH, SO THE ONLY THING I MODIFIED, UH, OUT OF THIS WAS, UH, IN THE DIAGRAM THAT SUBMITTED, IT SHOWED, UM, UM, DEFENSE TO ALSO INCLUDE, UH, THE, UH, ADJACENT PROPERTY, UM, UH, OR THE BUDDING PROPERTY ON THE, ON HIS SIDE PLOT. AND [04:00:01] SO, UM, I THINK BY EXCLUDING THAT, UM, YOU KNOW, I, I'M OKAY WITH IT GIVEN, UH, I GUESS THE, THE MANY INSTANCES THAT THEY'VE HAD, UH, WITH PEOPLE, UH, TAKING OFF THE FENCE ALSO OBSERVED THE PICTURE WHERE IT DOES APPEAR THAT THE FENCE IS CAPPED. SO, SO AS WE LOOKED AT OTHER FENCES IN THE PAST, YOU KNOW, THAT THAT WAS ONE OF THE THINGS THAT WAS BROUGHT UP. AND SO IT LOOKS LIKE THE APPLICANT TOOK CARE OF THAT. SO, UH, WITH THAT, I'LL BE VOTING IN FAVOR. OKAY. COMMISSIONER EZ, I ALSO WILL, WILL BE IN SUPPORT AND I AGREE WITH, UH, COMMISSIONER MANNA IN THAT. AND THEN, UM, ALSO GIVEN THE, UM, THE AMOUNT OF SUPPORT, UH, FROM HIS NEIGHBORS, UH, THEY DON'T HAVE AN ISSUE WITH IT, SO I'LL BE IN SUPPORT. AND SO, UH, TO BE CLEAR, THE MOTION IS TO ALLOW THE CORRUGATED METAL ALONG THE SEAFAIR AND OLD SKY HARBOR ONLY FRONTAGES. IS THAT CORRECT? COMMISSIONER AMANDA AND THE AND THE BACK. AND THE BACK. SO, AND THE BACKYARD. YES. SO I DID INCLUDE THE BACKYARD ON THE SIDE. OKAY. NOT, OKAY, SO THAT'S NOT, NOT THE SIDE OF BUDDING LOT 29 IN THE, IN THE SKETCH EAST SIDE. THAT'S CORRECT. OKAY. ALRIGHT. JUST WANTED TO CLARIFY. SO WITH THAT, IT, UH, HAVE A ROLL CALL VOTE. SO IT'S THE BACKYARD ONLY CHAIRMAN? YEAH, IT'S IF, IF, UH, STAFF, CAN YOU BRING UP THE, UH, SITE PLAN PLEASE? SO, ON THE SITE PLAN, UH, IT'S THE TWO STREET FRONTAGES AND THE ONE ON THE VERY BOTTOM, BUT NOT THE ONE ON THE RIGHT. ALL RIGHT. HAVE A ROLL CALL VOTE PLEASE. COMMISSIONER MANNA, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER, COMMISSIONER EZ. I CONCUR. COMMISSIONER BURTON, I CONCUR. COMMISSIONER RHI CONCUR. COMMISSIONER KAPLAN? I DO NOT CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER ZUNIGA? I DO NOT CONCUR. COMMISSIONER BEAVIS? I CONCUR. COMMISSIONER BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES NINE TO TWO, SO CONGRATULATIONS. THANK YOU. THANK YOU COMMISSIONERS. THANK YOU. ALRIGHT, WE'RE GONNA, WE'RE ON ITEM NUMBER 13. COMMISSIONER, I BELIEVE. COMMISSIONER CRUZ, ARE YOU LEAVING? COMMISSIONER CRUZ? YES, SIR. OKAY, SO IT IS 5 22. COMMISSIONER CRUZ IS, UH, LEAVING THE MEETING AND, UH, WE'RE DOWN TO 10 AND WE ARE MOVING ON TO ITEM 13, CORRECT? YES. ITEM NUMBER 13, BO OA 23 1 0 3 0 0 2 99 LOCATED AT 72 31 STOLEN WALL BEND, DISTRICT EIGHT APPLICANT BEING MR. TAYLOR. A FIVE FOOT SPECIAL EXEMPTION, UM, FROM THE THREE FOOT FENCE HEIGHT TO ALLOW A EIGHT FOOT, UH, SOLID SCREEN FENCE IN THE FRONT YARD AND A TWO FOOT SPECIAL EXEMPTION FROM THE FIVE FOOT HIGH REQUIREMENT FOR A SEVEN FOOT. PREDOMINANTLY OPEN FRONT IN THE FRONT, ALSO IN THE FRONT YARD ZONE C3 IN THE, UH, UH, HILL COUNTRY GATEWAY CORRIDOR. NEXT SLIDE PLEASE. SUBJECT PROPERTY LOCATED WITHIN THE NORTHWEST INTERSECTION OF I 10 WEST AND STILL WANT BEN BEND. THE PROPOSED USES GARAGES WITH SITTING AREAS AND A CLUBHOUSE. THE APPLICANT IS PROPOSING A, PROPOSING A PORTION OF THE FRONT YARD TO HAVE AN EIGHT FOOT PRIVACY FENCE AND ANOTHER PORTION TO HAVE A SEVEN FOOT OPEN FENCE SLIDE. SO THE TOP IS KIND OF A CLOSEUP LOOK. UH, WHERE YOU SEE THE BLUE LINE IS THE EIGHT FOOT PRIVACY FENCE KIND OF IN LIKE ON THE SIDES AND IN THE MIDDLE YOU HAVE THE, UM, PREDOMINANTLY OPEN FENCE, UH, FOR SEVEN FEET. AND THEN THE BOTTOM LEFT IS JUST KIND OF LIKE A OUT, UM, ZOOMED OUT PICTURE. NEXT SLIDE PLEASE. THE CURRENT CONSTRUCTION AND SURROUNDING AREA STAFF RECOMMENDS APPROVAL FOR BO OA 2 3 1 0 3 0 0 2 9 BASED ON THE FOLLOWING FINDINGS OF THE FACT THE, THE ADDITIONAL OFFENSE HEIGHT IS INTENDED TO PROVIDE SAFETY AND SECURITY FOR THE APPLICANT'S PROPERTY. THE REQUEST IS LOCATED OFF A MAJOR HIGHWAY AND DOES NOT APPEAR, UH, DOES NOT APPEAR TO BE OUTTA CHARACTER OF THE IMMEDIATE AREA. NEXT SLIDE, PLEASE. UH, WE RECEIVED A ONE IN FAVOR, UM, NOT OPPOSED, AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION. THAT'S THE ONE RESPONSE WE GOT, AND THAT CONCLUDES STAFF PRESENTATION. GREAT. LET THE APPLICANT COME UP. [04:05:02] WELL, GOOD, GOOD EVENING, I GUESS. UM, UH, JAMES GRIFFIN KILLING GRIFFIN AND FERRIMAN HERE ON BEHALF OF THE APPLICANT. UH, HAVE MARK TAYLOR HERE AS WELL. UM, SORRY THAT THREW ME OFF A LITTLE BIT. THAT IS NOT OUR PROPERTY. UM, THAT'S THE SITE PLAN. YEAH, . UM, UH, FIRST OF ALL, THANK Y'ALL FOR, FOR STICKING AROUND AND, AND, UH, FOR, FOR ALL YOUR TIME HERE. I'M GONNA CUT MY PRESENTATION SIGNIFICANTLY, UH, BECAUSE I'M SURE Y'ALL WANNA GO HOME. UH, BUT IF YOU HAVE ANY QUESTIONS OR NEED MORE INFORMATION, YOU KNOW, PLEASE, PLEASE DON'T HESITATE TO INTERRUPT ME OR ASK. UM, CAN YOU PULL UP THE PRESENTATION PLEASE? UM, SO WE ARE HERE, UM, ASKING FOR SPECIAL EXCEPTIONS, UH, FOR, UM, UH, KIND OF COUPLE DIFFERENT AREAS. IT'S ALL RELATED TO THE PERIMETER FENCE. UH, AS YOU HEARD, UH, THE PERIMETER FENCE, UM, IS, UH, A MIXTURE OF, OF MATERIALS IN A SENSE OF, UH, UH, THERE'S SOME WR IRON, THERE'S SOME, UH, SOLID MASONRY. THERE'S SOME USE OF, UH, EVEN THE NATURAL LIMESTONE THAT WAS, UH, UH, CUT INTO THE GRADE, UH, ON THE WESTERN PORTION. HAVE SOME, SOME TOPOGRAPHY, UH, AND CHANGES THERE. UH, AND, AND THEN THE BUILDINGS THEMSELF REALLY A VERY WELL PLANNED, CAREFULLY THOUGHT OUT DESIGN TO MEET THE SPIRIT AND TUNE THE CODE AND REALLY MORE DIRECTLY TO PROVIDE THE BEST LOOKING, MOST APPROPRIATE. UM, YOU KNOW, JUST BEST ALL AROUND IN TERMS OF SOUND BUFFERING, UM, AND AESTHETICS, UH, FOR THE NEIGHBORS, THE NEIGHBORHOOD TO OUR WEST AND, AND ALL AROUND. UM, IS IT, YEAH, THE, THE WHAT'S BEING PROJECTED IS NOT THE CASE BEFORE US. IT'S NOT THE PROPERTY. KEEP IT ON THE SIDE PLAN. OKAY. I'M SORRY, CAN WE, CAN Y'ALL JUST YEAH, FOR SURE. DO IT THE OLD, OLD FASHIONED WAY, I GUESS. UM, WELL, I SAID I'D GO THROUGH IT QUICKLY AND STARTING OFF SLOW HERE, SO THANK Y'ALL FOR BEARING WITH ME. UM, SO, UH, YEP. UH, SO THEY'RE THE, THEY'RE THE THREE, UM, SPECIAL EXCEPTIONS REQUESTED. AGAIN, IT ALL HAS TO DO WITH THE, UM, WITH THE SAME FENCE, THE PERIMETER FENCE, WHICH, UH, IS THAT MIXTURE OF MATERIALS, THE, THE WROUGHT IRON AND, UH, SOLID MASONRY WALL. UH, FOR THE MOST PART. UH, WE ALSO, UM, UH, AS YOU'LL SEE ON A COUPLE OTHER SLIDES, UM, THERE WE GO. UM, REALLY WE'RE FRONTING ON I 10, BUT OUR ACCESS IS ON STONEWALL BEND. AND SO THAT BECOMES OUR FRONT. SO OUR FRONT REALLY BECOMES OUR, OUR LONGEST SIDE. UM, SO WHEN YOU SEE THE REFERENCES TO THE, YOU KNOW, FRONT YARD FENCE, UM, THAT'S WHERE THEY MAY GET A LITTLE, LITTLE HARD TO SEE, I GUESS. UM, THERE, THERE'S OUR PROPERTY. WE'RE RIGHT ACROSS FROM THE DOMINION. THAT'S DOMINION DRIVE ON THE, UH, EASTERN SIDE AND, AND STONEWALL, UH, PARKWAY, UH, JUST BELOW US. UM, YOU CAN GO TO THE NEXT SLIDE. YOU, UM, THE PROJECT ITSELF, HERE'S A CONCEPTUAL RENDERING AND THEN A COUPLE MORE, UH, GOING A LITTLE BIT MORE DETAIL. IT'S A, UM, UH, LUXURY, UH, CAR CONDO PROJECT. SO, UH, THESE ARE INDIVIDUAL GARAGES, UH, AWAY FROM YOUR HOUSE. I THINK THAT'S PROBABLY INTENTIONAL, UM, UH, WHERE YOU CAN, YOU KNOW, STORE YOUR CAR. THEY'RE ALL, UH, FINISHED OUT, UH, PRETTY, PRETTY INCREDIBLY NICE, UH, ON THE INSIDE, UM, PLACE TO, TO STORE YOUR CAR, YOU KNOW, GO, GO, GO CHECK ON IT, GO. UM, JUST YOU KIND OF, KIND OF GET AWAY, UH, UH, CLUBHOUSE, UH, WITH AMENITIES THERE AS WELL. UM, HERE'S, THAT ONE'S PROBABLY A LITTLE BIT HARDER TO SEE, UM, BUT THAT, UH, THAT, THAT LAST ONE WAS JUST A MORE DETAILED SITE PLAN HERE. THESE, THESE NEXT FEW ARE KIND OF ZOOMED IN ON THE SITE PLAN. AND ACTUALLY, CAN YOU, YOU GO BACK TO THAT ONE JUST REAL QUICK? SORRY. UM, ALTHOUGH WE CAN COME BACK TO THIS, UH, THIS LITTLE CORNER WANTED TO FOCUS ON, UH, BECAUSE IT SHOWS THE EXISTING VEGETATION, THERE'S SOME REALLY GREAT TREES ON THIS SITE. MOST OF THEM ARE ON THE PERIMETER. MOST OF THEM, UH, ON, ON THE PERIMETER ARE, UH, RIGHT ALONG STONEWALL BEND. UM, AND, AND ONE OF THE OTHER MAJOR FOCUSES OF THIS FENCE THAT WE ARE REQUESTING AND HOW IT WAS DESIGNED AND, AND WHERE IT WAS PLANNED WAS TO BE SET BACK KIND OF ON THE OTHER SIDE OF THAT TREE LINE. SO, UH, NOT ONLY ARE WE PRESERVING SOME, SOME REALLY GREAT TREES, UH, ALONG THE SITE, ALONG STONEWALL BEND, UH, BY PLACING THE FENCE AND THE WALL FURTHER BACK, BUT THAT OBVIOUSLY, YOU KNOW, ENHANCES [04:10:01] AND, AND REALLY GREATLY IMPROVES THE OVERALL BUFFERING SOUND VISUALS, UH, OTHERWISE, UM, YEAH, THOSE, THOSE NEXT FEW. UH, THIS IS JUST TO GIVE YOU, SHOW YOU AN EXAMPLE OF A COUPLE OF THE, THE GARAGES THEMSELVES. UH, NOT REALLY MUCH TO SEE THERE. UH, THERE IS A RENDERING OF THE PROJECT ITSELF. UH, YOU COULD KIND OF SEE THE, THE PROJECT, UH, IS, IS, UH, CONSTRUCTION'S ALMOST COMPLETE. UM, EVERYTHING BUT THE WALL, WE HAVEN'T, WE, WE HAVEN'T BUILT IT YET. UM, BUT YOU CAN KIND OF SEE THE DESIGN, UH, JUST LIKE WITH THE PROPOSED WALL, THE, THE BUILDINGS THEMSELVES REALLY, UH, DESIGNED TO, TO FIT INTO THE, THE HILL COUNTRY AESTHETIC AND, AND SURROUNDING PROPERTIES. UM, YEAH, WE, UH, THIS ONE WOULD BE BETTER TO TO ZOOM IN AND ZOOM IN ON. SO, UH, UH, APOLOGIES THERE, BUT, UH, UH, YOU SEE THERE. UM, AND IT REALLY IS A MIX, UH, LIKE I SAID, OF THE, UH, ROD IRON FENCING, UH, IN CERTAIN SPOTS, UH, THE MASONRY WALL, UH, AND THEN ALONG THE, THE WESTERN SIDE, UH, USE OF THE NATURAL LIMESTONE AND HOW IT HAD TO, HAD TO DEGRADE THERE. UH, AGAIN, THE, THE PRIMARY FOCUS IS HOW CAN WE PROVIDE THE BEST BUFFER, UH, IN TERMS OF, YOU KNOW, SOUND USES, UH, ALL THAT, UH, AND, AND THE BEST LOOKING BUFFER, UH, ONE THAT FITS IN WITH THE NEIGHBORHOOD, UM, THAT, UH, IS APPROPRIATE KIND OF IN DESIGN, MATERIALS, STYLE, UH, AND AND SIZE. UM, THE, THERE, THERE ARE SEVERAL OTHER OPTIONS, UH, FOR, YOU KNOW, PERIMETER FENCING THAT, THAT WOULD AVOID, UH, THE VARIANCE. AND, AND THOSE ARE ACTUALLY CHEAPER OPTIONS TOO. UM, A, A LOWER FENCE, UH, FOR EXAMPLE, OR ON THE OTHER END OF THAT SPECTRUM, UH, WE COULD, WE, WE ARE ALREADY SET BACK BEYOND THE, UH, NORMAL BUILDING SETBACKS IF WE, UM, UH, CONNECTED OUR WALL OR EVEN JUST USED THE BACKS OF THE BUILDINGS, UH, AS OUR PERIMETER FENCE. THE CODE ALLOWS FOR THAT. THE CODE ALLOWS FOR THAT, UH, ALL THE WAY UP TO 16 FEET TALL, BUT IT, IT WOULDN'T LOOK VERY NICE. IT'D, IT'D BE, IT'D BE DOING THE NEIGHBORS A, A DISSERVICE THERE. UH, SO HERE KIND OF SOME MORE OF THE AREAS, UH, JUST ZOOMED IN SHOWING, UH, WHERE WE ARE PLACED. WE'RE, WE'RE A LITTLE BIT OVER 20 FEET, UH, OFF OF STONEWALL BEND IN MOST OF THOSE LOCATIONS. AGAIN, MIXED MATERIALS TO, UH, JUST REALLY MAKE IT LOOK AS NICE AS POSSIBLE WHILE STILL PROVIDING, UH, ALL THOSE BENEFITS. UM, THERE, THERE'S SOME OTHER PIECES THERE, THERE, THAT ONE, I DON'T KNOW HOW WELL YOU CAN SEE THE ONE, UH, ON THE BOTTOM THERE, BUT THAT SHOWS YOU SOME OF THE EXISTING, UH, VEGETATION THERE WITH THE BUILDINGS IN THE BACK AND THE WALL, UM, IF, IF APPROVED, UM, WOULD ACTUALLY BE BEHIND THOSE TREES. AND SO THAT, THAT RENDERING UP TOP, THAT THE WALL WAS BROUGHT UP JUST TO SHOW YOU REALLY WHAT THE WALL LOOKS LIKE. BUT THAT WOULD ACTUALLY BE ON THE OTHER SIDE OF THOSE TREES. SO AS YOU'RE COMING DOWN STONEWALL BEND, YOU HAVE, UH, SOME REALLY, YOU KNOW, DENSE, MATURE, UH, VEGETATION, UM, AND THEN THE WALL, UH, TO, TO REALLY, YOU KNOW, BUFFER, BUFFER THOSE USES. UM, AND THIS IS A WALL, YOU KNOW, SURE. YOU SURE IT LOOKS FAMILIAR. THERE'S THE, UH, KIND OF AN ACTUAL AS-BUILT PICTURE BELOW, UH, VERY, VERY SIMILAR TO SUBDIVISION PERIMETER FENCING THAT, THAT YOU WOULD SEE. AND, AND THAT'S REALLY WHAT THAT IS HERE AS WELL AS YOU'RE COMING IN ON, ON STONEWALL BEND. UM, ALSO THIS TYPE OF SOLID SCREEN WALL, UH, NOT ONLY BUFFERS THE, THE LONGSTANDING COMMERCIAL, UH, ZONING, UH, OF OUR PROPERTY IN THIS COMMERCIAL USE TO THE RESIDENTIAL, UH, BUT REALLY PROVIDES THE RESIDENTIAL SOME, SOME EXTRA BENEFITS BY BUFFERING SOUND, UH, AND, AND EVERYTHING ELSE COMING FROM THE HIGHWAY. THEY ARE PRETTY CLOSE TO THE HIGHWAY, UH, RELATIVELY SPEAKING. UM, AND, AND I MENTIONED LONGSTANDING COMMERCIAL USE. UH, THIS, THIS PROPERTY, UH, STILL OWNED BY, UH, A COUPLE LOCAL PARTNERS THAT HAVE, HAVE OWNED IT FOR 25 PLUS YEARS. UM, IT WAS, UH, MASTER PLANNED IN THE EARLY TWO THOUSANDS, UH, THEN SUBSEQUENTLY ANNEXED IN ZONE C3, AND IT'S BEEN C3 FOR, FOR QUITE SOME TIME LONGER THAN, UH, ANY OF THE ADJACENT RESIDENTIAL. UH, THE OTHER, UH, UH, THESE SAME FOLKS, UH, DEDICATED THE LAND FOR THE FIRE STATION ACROSS THE STREET, UH, FOR THE, THE ROAD, UH, STONEWALL BEND ITSELF, UH, AND THEN BUILT THE OTHER COMMERCIAL PROJECTS NEARBY AS WELL. SO, UM, LONGSTANDING COMMERCIAL USE. AND, UH, UH, AS, AS I THINK Y'ALL, Y'ALL HAVE SEEN, Y'ALL KNOW, IN THE, IN THE CODE, UH, MOST OF THE [04:15:01] CODE PROVISIONS, UM, IN, IN, UH, THE SECTION DEALING WITH FENCING TALKS ABOUT APPROPRIATE BUFFERING, UH, PARTICULARLY BETWEEN SINGLE FAMILY AND COMMERCIAL USES. UH, SEVERAL COMMENTS IN THERE. PROVISIONS REQUIREMENTS, UH, IN FACT, COMMERCIAL WHEN A BUDDING SINGLE FAMILY, UH, HAS TO BE A MINIMUM OF, OF SIX FEET, UH, SOLID. AND, AND WE ARE ASKING FOR Y'ALL'S SUPPORT TO BE ABLE TO JUST REALLY PROVIDE THE BEST BUFFERING, THE BEST PERIMETER FENCING TO PROVIDE ALL THOSE THINGS THAT THE CODE ASKS FOR. UM, TREE PRESERVATION, UH, BUFFERING, UH, FROM, FROM SOUNDS, FROM NOISE, FROM DUST, YOU KNOW, FROM, FROM ANY, FROM THOSE TWO USES. UM, AND, AND SOMETHING THAT IS COMPATIBLE AND AESTHETICALLY PLEASING. UM, I THINK I'VE PROBABLY GONE WAY OVER MY, UH, PRESENTATION COMMENTS. SO, UM, AS WE GET INTO A LOT OF WORDS ON THE SLIDES HERE, MAYBE I'LL, I'LL, UH, UH, JUST TRY TO WRAP IT UP HERE. I'M HAPPY TO GO INTO DETAIL ON THOSE. BUT, UH, REALLY WHAT THOSE ARE DESCRIBING IS WE MEET THE SPIRIT AND INTENT OF THE CODE. UH, REALLY, I, I, I THINK TO A T UM, ARTICLE, ARTICLE FIVE DIVISION THREE, UM, WHICH IS BUFFERS TREE PRES, TREE PRESERVATION, UH, FENCING STANDARDS, UH, IN THE STATEMENT OF PURPOSE, THEY, THEY HAVE ABOUT, I DON'T KNOW, 15 OR SO, UM, YEAH. AND THERE THEY ARE, RIGHT THERE, UM, UH, 15 OR SO, YOU KNOW, DIFFERENT, UH, UH, LISTINGS, UH, OF THE PURPOSE AND INTENT, UH, OF THAT SECTION, UM, PULLED OUT, UH, A A HANDFUL OF 'EM THAT REALLY WE, WHAT WE ARE REQUESTING AND, AND WHAT WE'RE ASKING FOR YOUR SUPPORT FOR MEETS THESE PERFECTLY. AGAIN, THE, THE BUFFERING, THE SOUND, THE, UH, COMPATIBILITY, UM, ALL THOSE THINGS THAT THE CODE REQUIRES, WANTS TO SEE SHOULD HAPPEN HERE, IS ACCOMPLISHED BY THESE REQUESTS. UM, I, I COULD GO ON, BUT, UH, AGAIN, I BETTER, BETTER STOP. UM, BUT, UH, LOVE TO ANSWER ANY QUESTIONS, UH, Y'ALL MAY HAVE OR, OR PROVIDE MORE EXPLANATION INFO. IS THERE ANY QUESTIONS FOR THE APPLICANT? ALL RIGHT. IS THERE ANY, UH, BUT COMMISSIONER MAYON, SO, UM, SO QUESTION I HAVE, SO, SO YOU'RE RIGHT NEXT TO UH, UH, STONEWALL RIDGE OR STONEWALL STONEWALL RANCH. SO, SO DID YOU HAVE A CHANCE TO TALK WITH, WITH ANY OF THE, ANY OF THE PEOPLE IN THAT COMMUNITY TO, YOU KNOW, JUST KIND OF, YOU KNOW, GET THEIR, GET THEIR LIKING ON YOUR FENCE? UH, YEAH, YEAH, GREAT QUESTION, AND, AND MARK OR STEVE MAY BE ABLE TO, UH, ANSWER THIS BETTER. UM, AS YOU SAW, CONSTRUCTION IS ALMOST COMPLETE THROUGHOUT THE CONSTRUCTION PROCESS GOING OVER THE PAST YEAR OR SO. UM, THERE, THERE'S BEEN LOTS OF INTERACTION REALLY, UH, FOCUSED WELL BEYOND THE WALL OF, UH, WORKING WITH THESE NEIGHBORS TO MAKE SURE THAT IMPACTS OF CONSTRUCTION AND THEN OBVIOUSLY POST-CONSTRUCTION ARE MINIMIZED. UM, SO I, I DON'T KNOW. YEAH, ABSOLUTELY. YOU WANNA ADD ANYTHING THERE? SO, OVER THE PAST YEAR AND A HALF, WE'VE HAD A TON OF CORRESPONDENCE WITH THE ADJACENT NEIGHBORS DURING CONSTRUCTION, DURING LAND CLEARING AND DIFFERENT OPERATIONS IS SUCH, UM, ONE THING WE'VE ALSO DONE IS WE'VE GONE BACK AND SECURED A VARIANCE TO REMOVE THE CITY SIDEWALK. SO ALL THE NATIVE VEGETATION, THE TREES THAT WERE GONNA BE REMOVED WITHIN THE SIDEWALK ALSO REMAIN. SO, UM, WE'VE HAD ONE OR TWO PEOPLE COME BY SINCE THE APPLICATION WAS SUBMITTED AND EXPRESS SUPPORT, BUT UNFORTUNATELY, WE ONLY RECEIVED ONE RESPONSE IN WRITING IN SUPPORT. OKAY. OKAY. THANK YOU, DEAN, COMMISSIONER, DEAN. UH, SO, UM, IF THE FENCE IS GRANTED, AND IF A CAR COMES DOWN THAT ROAD AND CRASHES INTO THE FENCE, WILL IT BE REPAIRED ? IF, IF, UH, WELL, IT DEPENDS ON IF THEY'RE A MEMBER OF THE, UH, , THE GLOVE THERE, UM, IT, IT, IT'S A PRETTY LOW, LOW SPEED ROAD, UM, BECAUSE I'VE SEEN SOME FENCES AND THEN, YOU KNOW, UNFORTUNATE EVENTS HAPPEN AND THE OFFENSE GETS HIT, YOU KNOW, LIKE THE EARLIER CASE, AND THEN IT'S NOT, NOT REPAIRED. THERE'S A FENCE IN MY NEIGHBORHOOD THAT'S, THAT'S DOWN FROM A CAR GOING THROUGH IT, AND I AM DEALING WITH THIS, TRYING TO FIX IT. SO I JUST WAS CURIOUS ON, UH, THAT YEAH. AND THEN, AND SORRY, UH, I WAS THINKING ABOUT THE, THE, THE CAR BEING FIX, I WAS THINKING, UM, THE, THE WALL. YEAH. UH, QUICKLY REPAIRED. UM, THESE GARAGE CONDOMINIUMS ARE VERY, VERY PRICEY AND, UM, THE, THE CUSTOMERS WILL [04:20:01] DEMAND IT, FOR LACK OF A BETTER, BETTER EXPLANATION. PERFECT. PERFECT. YEP. ALRIGHT. IF THERE'S NO OTHER QUESTIONS, I'M LOOKING FOR A MOTION. COMMISSIONER KAPLAN, REGARDING CASE NUMBER. YEP. REGARDING CASE NUMBER BO A DASH 23 DASH 1 0 3 0 2 99, I MOVE THAT THE BOARD OF ADJUST REQUEST FOR A FIVE FOOT SPECIAL EXCEPTION FOR THE MAX THREE FOOT HEIGHT TO ALLOW AN EIGHT FOOT SOLID SCREEN FENCE IN THE FRONT YARD, AND TWO, A TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT FENCE HEIGHT REQUIREMENT TO ALLOW A SEVEN FOOT PREDOMINANTLY OPEN FENCE IN THE FRONT YARD, SITUATED AT 7 2 3 1 STONEWALL BEND. APPLICANT BEING MARK TAYLOR, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT HAVE BEEN DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED, WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE'VE, THE SPECIAL, THE SPECIAL EXCEPTION, WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE ADDITIONAL FENCE SITE IS INTENDED TO PROVIDE SAFETY AND SECURITY OF THE APPLICANT'S PROPERTY. IF GRANTED, THE REQUEST WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED. THE ADDITIONAL FENCE SITE WILL PROVIDE SECURITY AND PRIVACY FOR THE SUBJECT AND ADJACENT PROPERTIES. THIS IS NOT CONTRARY TO THE PUBLIC INTEREST. C, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE FENCE WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT IN ADJACENT PROPERTIES. FURTHERMORE, THE FENCING PROVIDES A SUITABLE SEPARATION FROM THE ADJACENT USES AND ZONING DISTRICTS. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE ADDITIONAL FENCE SITE OF THE SUBJECT PROPERTY DOES NOT APPEAR TO ALTER THE LOCATION OF WHICH THE SPECIAL EXCEPTION IS SOUGHT AS THE A BUDDING BASE. ZONING DISTRICTS ARE COMMERCIAL AND ALLY ZONED. ADDITIONALLY, THE PROPERTY ZONED FOR MORE INTENSE COMMERCIAL USE, SO ALLOWING ADDITIONAL FENCE SITE WOULD BE BENEFICIAL TO SURROUNDING RESIDENTIAL PROPERTIES. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. THE PROPERTY IS LOCATED WITHIN THE C3 COMMERCIAL DISTRICT AND PERMITS THE CURRENT USE. THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. END OF MOTION. SECOND. SECOND BY COMMISSIONER BERNICE. COMMISSIONER KAPLAN. UH, I'LL BE FOR IT. UM, LOOKS LIKE A, A NICE FENCE FROM THE, WHAT YOU'VE SHOWN IT SOUND AND THE DESCRIPTION YOU'VE TALKED ABOUT. UH, IT DOESN'T, YOU KNOW, CERTAINLY IT WON'T INTERFERE WITH ALL THOSE CARS SPEEDING BY, IN FACT, IT MIGHT BE VERY GOOD. SO THEY DON'T HAVE TO HAVE A DISTRACTION WHILE THEY'RE DRIVING ALONG THE, UH, FRONTAGE ROAD. UH, THE NEIGHBORS SEEM TO BE OKAY WITH IT. UM, WE HAVE NO OPPOSITION THAT WE'VE HEARD, SO WHY NOT? COMMISSIONER BERNICE, I'LL BE IN SUPPORT. THE PROJECT LOOKS GREAT. IT BLENDS WITH THE NEIGHBORHOOD THERE. UM, LIKE HE WAS SAYING, PRICEY HIGH DOLLAR. IF THERE'S A NEED FOR IT OUT THERE AND THEY NEED TO PARK THEIR CARS SOMEWHERE, IT SERVES ITS PURPOSE. YEP. ALL RIGHT. IF THERE'S, UH, NO ONE ELSE, LET'S HAVE A ROLL CALL. VOTE. COMMISSIONER KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BONILLA. I CONCUR. COMMISSIONER BURTON. I CONCUR. COMMISSIONER RHI. I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER ZUNIGA. I CONCUR WITH FAR FACT. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER AVIVE? I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. UH, MOTION PASSES. THANK YOU. THANK Y'ALL. THANK Y'ALL. ITEM 14, , UH, BEFORE YOU BEGIN, IS GETTING COLD IN HERE? IS IT JUST ME? OH, I THINK IT'S GETTING COLD. IT'S GETTING COLDER. YEAH. CAN SOMEBODY TAKE A PEEK AT THAT? THANK YOU. OKAY. PLEASE PROCEED. MY BAR JACKET. ? NO, BUT IT JUST FEELS LIKE IT'S GOTTEN COLDER IN HERE FOR SOME REASON. THAT'S WHY I AM WEARING WHAT I'M WEARING. , WE ALL COUNT. SHE'S WEARING A BLANKET. WE'RE ALL FREEZING. NUMBER 14. AGENDA ITEM NUMBER 14, BO OA 23 1 0 3 0 0 300 ADDRESS IS THREE 19 SOUTH SAN MARCUS COUNCIL. DISTRICT FIVE APPLICANT IS FRANCISCO MORALES. A REQUEST FOR AN EIGHT INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A FOUR FOOT, FOUR INCH SIDE SETBACK ON THE SOUTHERN PROPERTY LINE. AND ZONING IS R FOUR CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED ON SOUTH SAN MARCUS, EAST OF IH 35, AND HISTORIC WEST SIDE COMMUNITY OF [04:25:01] SAN ANTONIO. THE LOT IS CURRENTLY EMPTY AND HAS BEEN FOR SOME TIME. THE APPLICANT IS SEEKING A VARIANCE FOR THE SITE SETBACK ON THE SOUTHERN PROPERTY LINE TO CONSTRUCT A DUPLEX DUE TO THE SIZE OF THE LOT AND THE PROPOSED SQUARE FOOTAGE OF THE DUPLEX. A SITE SETBACK VARIANCE IS REQUIRED. UPON SITE VISITS, STAFF OBSERVED A SINGLE FAMILY RESIDENCE ADJACENT TO THE SUBJECT PROPERTY. THE PROPERTY WAS REZONED IN JUNE OF 2023 FOR TWO UNITS. THE SITE PLAN INDICATED THE REDUCED FOREFOOT FOR INSIDE SETBACK ON THE SOUTHERN PROPERTY LINE, AND THE APPLICANT IS FOLLOWING THROUGH WITH A VARIANCE REQUEST FOLLOWING THEIR REZONING. THIS IS THEIR SITE PLAN AND THIS IS THE SUBJECT PROPERTY AND THIS IS THE PROPERTY NEXT DOOR AND THE SURROUNDING AREA. STAFF RECOMMENDATIONS, SITE SETBACK VARIANCE. STAFF RECOMMENDS APPROVAL AND BOA 23 1 0 3 0 0 300 BASED ON THE FOLLOWING FINDINGS DUE TO THE SIZE OF THE LOT AND THE PROPOSED SQUARE FOOTAGE OF THE STRUCTURE. AND TWO, IT WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT NOTIFICATION PLAN. STAFF MAILED OUT 23 NOTICES. ONE. RETURN IN FAVOR, ZERO. RETURN IN OPPOSITION. AND HISTORIC WESTSIDE RESIDENCE ASSOCIATION DID NOT RESPOND. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. ALRIGHT, SO THE APPLICANT COME FORWARD. UH, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE. UH, GOOD EVENING EVERYONE. MY NAME'S JER MORALE. UH, I'M, UH, COMING IN AND ASKING FOR THE SITE SETBACK. THE ONLY THING IS THAT ON MY APPLICATION I PUT ON THERE FOR, UH, ONE AND A HALF FOOT SIZE SET BACK ONLY BECAUSE, UH, THE SECOND FLOOR IS ONE FOOT WIDER THAN THE, UH, BOTTOM FLOOR. AND I DON'T KNOW IF THAT MAKES A DIFFERENCE OR NOT. IT, IT DOES IT STAFF THIS ADVERTISED FOR EIGHT INCHES OR, YEAH, IT'S ONLY, IT SAYS, BUT WHEN I PUT THE APPLICATION AND IT DID PUT FOR, WELL, WE CAN'T, WE CAN'T ENTERTAIN ANYTHING BEYOND, UH, SO IF YOU, WHATEVER'S ON THE, WE'D HAVE TO THIS HAVE TO BE RE NOTIFIED, CORRECT? YEAH. UM, WE, YOU KNOW, WE HAD A MEETING ABOUT THIS TO MAKE SURE WE'RE GETTING THIS REQUEST RIGHT. SO ARE YOU SAYING IT IS A ONE AND A HALF FOOT STEP BACK? YEAH, IT IS. 'CAUSE I, I UNDERSTAND THE FIRST FLOOR IS, UH, IT'S ONLY EIGHT INCHES, BUT WHEN YOU GO UP THE SECOND FLOOR, IT'S A LITTLE BIT WIDER. YEAH. OKAY. ISN'T THAT AN OVERHANG OR, YEAH, IT HAS AN OVERHANG. SINCE THE OVERHANG IS INSIDE THREE FEET, IT HAS, THE VARIANCE HAS TO STOP AT THE MOMENT. THE OVERHANG STOPS. SO LET'S, UM, I GUESS WE WOULD JUST POSTPONE THIS AND CORRECT. RE NOTIFY. YEAH, POSTPONE IT. AND WE'LL HAVE TO YOURSELF. I'M SO SORRY YOU HAD TO SIT HERE THIS WHOLE TIME. I'M SO SORRY. UH, BUT WE, YEAH, WE CAN'T ENTERTAIN ANYTHING BEYOND WHAT, WHAT BEYOND THE, WHATEVER'S ON THE ADVERTISED. YEAH. SO YOU, THEY HAVE TO RE ADVERTISE AND WE'LL, WE'LL COME BACK AND I'M SO SORRY. WE'LL HAVE TO SEE YOU AGAIN ON WHAT DATE? 18TH? UH, IT'LL HAVE TO GO TO EIGHT JANUARY BECAUSE WE ALREADY PUBLISHED FOR THE 18TH. OKAY. SO THE FIRST MEETING IN JANUARY WOULD BE, UM, EIGHTH. THE EIGHTH. JANUARY 8TH. SO I APOLOGIZE, BUT WE'LL HAVE TO SEE YOU BACK ON JANUARY 8TH. I HAVE PLANS RIGHT NOW. THE WHAT? OR YOU CAN CHANGE YOUR PLANS? NO. YEAH, I DEFINITELY NOT. UH, OKAY. WELL, AGAIN, I APOLOGIZE FOR, FOR ANY MISCOMMUNICATION, BUT, YOU KNOW. ALL RIGHT. ALL RIGHT. WE'LL SEE YOU ON THE EIGHTH. OKAY. ITEM NUMBER 15. I DON'T SEE ANYONE ELSE IN THE GALLERY. WAS THIS THE ONE THAT CAN SEE? NO, UH, THEY WERE HERE. I NOBODY NOTIFIED US THAT THEY WERE LEAVING. UM, OKAY. TELL YOU ANYTHING THEY DIDN'T TELL THE CASE MANAGER. UM, I GUESS I'LL LEAVE IT UP TO YOU, THE BOARD IF Y'ALL WANT TO CONTINUE THIS OR NO, CONTINUE IT. WE'RE GONNA HAVE A BIG MEETING ON THE 18TH. IT SOUNDS LIKE IT'S GONNA BE THE EIGHTH. YOU DON'T HAVE TO CONTINUE IT TO THE 18TH. YOU COULD GO TO JANUARY 8TH IF YOU WANT. YEAH, BECAUSE YOU SAID, AND ACTUALLY WE DON'T HAVE THAT MANY CASES SCHEDULED FOR THE 18TH. OKAY. WELL, I MEAN, I'LL LEAVE IT UP TO THE, THE, Y'ALL WANT TO, UM, ARE, WE CURRENTLY HAVE 11 WITH ALL THE ADDITIONS, SO IT'LL BE 12, THAT'S IT. CORRECT. WE HAD A VERY LOW APPLICATION, PLEASE. OKAY. WELL, I MEAN, WE CAN CONTINUE THE TO THE 18TH IF, UH, Y'ALL ARE OKAY WITH THAT. LET'S DO THAT. SO MOVED. ALL RIGHT. SO WE HAVE A MOTION BY COMMISSIONER BRAGMAN TO CONTINUE TO THE 18TH. ALL IN FAVOR SAY AYE. AYE. AYE. ALL ANY OPPOSED? NO. ALL RIGHT. SO LET'S CONTINUE TO THE 18TH. NOW [ Approval of Minutes  ] WE HAVE TO DO MI UM, UH, MINUTES. UM, I HAD SOME REVISIONS AND WAS THERE, OKAY. DID ANYBODY OTHER COMMISSIONERS HAVE ANY REVISIONS? HEARING NUNEZ HAVE A MOTION FOR THE MINUTES. SO MOVED. SECOND. MOTION BY COMMISSIONER BRAGMAN, SECOND BY COMMISSIONER KAPLAN. [04:30:01] UH, ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? NO. OKAY. SO MOTION PASSES UNANIMOUSLY , IS THERE A A STAFF REPORT? NO, SIR. THAT'S ALL. UM, AS MERKO NOTED, YOU'LL HAVE 12 CASES ON THE NEXT AGENDA. I GUESS IT'S NOT THAT BAD. ALRIGHT, WELL THANK YOU. UM, UH, IT'S, UH, 5 49. UM, I HEREBY ADJOURN THE MEETING. ALRIGHT. ALRIGHT. * 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.