* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:03] ALL RIGHT. ARE WE ALL READY? ALL RIGHT. 1 0 1. I'M CALLING THIS MEETING TO ORDER. IF WE CAN HAVE THE SPANISH INTERPRETER COME OUT PLEASE. GOOD MORNING EVERYONE. GOOD AFTERNOON. THANK YOU SO MUCH. THANK YOU. UH, CAN SOMEONE LOOK AT THE MICROPHONE UP THERE? YEAH. ALL RIGHT. IF EVERYONE, UH, COULD HELP STAND AND UH, JOIN ME IN THE PLEDGE. PLEDGE ALLE FLAG, UNITED STATES TO THE REPUBLIC ONE NATION UNDER GOD. LIBERTY. LIBERTY AND JUSTICE FOR ALL. WHATEVER UNDER THE TEXAS FLAG, I PLEDGE ALLE, TEXAS ONE STATE, ONE GOD ONE AND INVISIBLE. WE NEED TO ADAPT OVER HERE, SO SEE. ALRIGHT, [ Briefing and Possible Action on the following items  ] SO BEFORE WE BEGIN WITH TODAY'S CASES, UH, I'D LIKE TO ASK EVERYONE TO PLEASE SILENCE YOUR CELL PHONES. UH, UM, I'D LIKE TO ALSO OFFER A FEW WORDS OF EXPLANATION. THE BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS. FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT. LASTLY, AS CHAIR, I WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS. I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS THE CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING. WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL. THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY, STAFF ED, AND THE RULES OF 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 EXAMINED THE FACTS PERTAINING TO THE RELIEF SOUGHT AND DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATOR AND THE SAN ANTONIO CITY COUNCIL. THEY ARE 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 AND THE ENFORCEMENT OF CHAPTER 32. THE HEARING DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE AS AN ADVISORY AND AN APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 5. IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD. ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER. AFTER EVERYONE HAS HEARD THE CASE, IT'LL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION IN ORDER FOR A MOTION TO CARRY REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES. THE BURDEN OF PROOF AND GRANTING THE RELEASE SOUGHT RESTS WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUEST OF RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM ADMINISTRATIVE OFFICIALS. SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'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 REQUESTS. PART OF PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OF SPECIAL EXEMPTION OR APPEAL. AND THE PROPERTY WITHIN 200 FEET OF THE SUBJECT PROPERTY CHECK MARKS INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION FOLLOWING THIS PRESENTATION. ANY QUESTIONS ABOUT A BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST. FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE, SPECIAL EXEMPTION OR APPEAL, YOU'LL BE CALLING AN ORDER THAT YOU SIGN UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM THREE MINUTES PER SPEAKER AND YOU'LL NOT, YOU ARE NOT OBLIGATED TO UTILIZE THE MAXIMUM YOU TIME LIMITATION FOR THOSE THAT WOULD LIKE TO GIVE WITH THEIR TIME TO THE SPEAKER. THAT SPEAKER MAY BE ALLOWED OF MAXIMUM OF TWO PEOPLE GETTING OUT 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 THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS. AND WE DO HAVE ONE POSTPONEMENT, WHICH IS ITEM NUMBER FIVE. 3 0 9 WILL NOT BE HEARD TODAY. THANK YOU CHAIR. ALRIGHT, THANK YOU VERY MUCH. UH, BEFORE WE BEGIN, WE HAVE A NEW COMMISSIONER THAT WE NEED TO TAKE AN OATH [00:05:01] OF. I BELIEVE, UH, WE HAVE COMMISSIONER, UM, LET'S SEE HERE. THERESA IEZ, RIGHT, I EBIN. ALRIGHT, IF YOU COULD PLEASE, UH, RAISE YOUR RIGHT HAND. I STATE YOUR NAME. I, THERESA BINES. I DO SOLEMNLY SWEAR. I DO SOLEMNLY SWEAR THAT I WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE OF COMMISSIONER, BOARD OF ADJUSTMENTS. I'LL THANK , EXECUTE THE DUTIES, THE DUTIES AS COMMISSIONER FOR BOARD OF ADJUSTMENTS OF THE STATE OF TEXAS, OF THE STATE OF TEXAS, AND WILL DO THE BEST OF MY ABILITY, PRESERVE, PROTECT, AND WILL DO THE BEST OF MY ABILITY TO AND DEFEND THE CONSTITUTION IN LAWS OF THE UNITED STATES AND DEFEND THE CONSTITUTION IN LAWS OF THE UNITED STATES IN THIS STATE. SO HELP ME GOD. ALL RIGHT. THANK YOU VERY MUCH. CONGRATULATIONS. ALL RIGHT, SO THE FIRST ITEM, THE AGENDA, IS THAT THE POSTPONEMENT? NO. NO. OKAY. ALL RIGHT THEN LET'S START WITH ITEM ONE, PLEASE. ALL RIGHT. ITEM NUMBER ONE IS LOCATED AT, UH, SIX 20 SOUTH PRESA. IT IS A REQUEST FOR AN APPEAL FROM A CERTIFICATE OF, UH, APPROPRIATION FROM THE, EXCUSE ME, I'M SORRY. WE'LL HAVE TO STOP. UH, WE NEED ROLL CALL FIRST, PLEASE. OH, PLEASE CONTINUE WITH ROLL CALL COMMISSIONER TON HERE. COMMISSIONER BANES. COMMISSIONER DEAN PRESENT. COMMISSIONER CRUZ HERE. COMMISSIONER ZUNIGA PRESENT, COMMISSIONER MANANA PRESENT. COMMISSIONER BENAVIDES. COMMISSIONER BENAVIDES IS PRESENT VIA TEAMS. COMMISSIONER BRAGMAN PRESENT. COMMISSIONER UNA PRESENT, COMMISSIONER KAPLAN. HERE, CHAIR ORIAN AND I'M PRESENT. AND WITH THAT ITEM NUMBER ONE. ALL RIGHTY. UM, ITEM NUMBER ONE IS BO OA 23 1 0 3 0 0 2 63 LOCATED AT SIX 20 SOUTH PRESA. THIS IS AN APPEAL FOR, UH, OHP SPECIFIC APPROPRIATENESS. UH, SO THIS APPLICANT IS REQUESTING A CONTINUANCE TO THE JANUARY 8TH, BOA MEETING. UM, IN CONJUNCTION WITH THE OHP MEETING THEY HAVE ON DECEMBER 20TH. WE DO HAVE TWO VOICEMAILS TO PLAY. THIS IS KATE RUCKMAN, 1 0 7 KING WILLIAMS STREET, TWO TEN TWO TWO FOUR SIX ONE SIX THREE. REGARDING ITEM NUMBER 1 6 20 SOUTH PRESA, THE CONSERVATION SOCIETY OF SAN ANTONIO SUPPORTS A HISTORIC DESIGN AND REVIEW COMMISSION'S DENIAL OF THE APPLICANT'S REQUEST TO USE EXTERIOR INSULATION AND FINISH SYSTEM E MATERIAL AS CLADDING ON THIS HISTORIC BUILDING. THE PROPOSED TREATMENT IS NOT ONLY INCONSISTENT WITH THE HISTORIC DESIGN GUIDELINES, BUT THE INSTALLATION OF EXTERIOR RIGID FOAM INSTALLATION MAY PROMOTE ACCELERATED DETERIORATION OF THE EXISTING STUCCO AND DAMAGE THE EXTERIOR WALLS. THIS APPLICANT DID EXTENSIVE WORK OUTSIDE THE SCOPE OF THEIR BUILDING PERMIT IN JULY, AUGUST, AND SEPTEMBER, AND IS NOW ASKING YOU TO APPROVE ILLEGAL WORK. CREATING EXCEPTIONS TO THE GUIDELINES WEAKENS THE INTEGRITY OF BOTH THE HISTORIC BUILT ENVIRONMENT AND THE PROCESS DESIGNED TO PRESERVE IT. WE URGE YOU NOT TO APPROVE THIS DISREGARD FOR CITY POLICIES AND PROCEDURES. THANK YOU. HELLO, THIS IS VINCENT MICHAEL, EXECUTIVE DIRECTOR OF THE CONSERVATION SOCIETY OF SAN ANTONIO AT 1 0 7 KING WILLIAM IN SAN ANTONIO, UH, CALLING ABOUT ITEM NUMBER ONE ON THE BOARD OF ADJUSTMENT FOR TODAY, DECEMBER 18TH. THE CONSERVATION SOCIETY BELIEVES THE DISREGARD FOR BUILDING PERMITS EXHIBITED AT SIX 20 SOUTH [00:10:01] PRESA POINTS TO THE NEED FOR STIFFER FINES FOR VIOLATIONS. OWNERSHIP HAS DONE EXTENSIVE WORK OUTSIDE OF THE SCOPE OF THEIR BUILDING PERMIT OVER THE LAST FOUR MONTHS AND IS NOW ASKING TO HAVE ILLEGAL WORK APPROVED APPROVAL FOR ANY FURTHER WORK SHOULD NOT BE GRANTED UNTIL PREVIOUS VIOLATIONS HAVE BEEN CORRECTED. IFIS SYSTEMS ARE NEVER APPROVED FOR HISTORIC RESTORATION REHABILITATION PROJECTS. WE ARE DUE NOT TO APPROVE THIS DISREGARD FOR CITY POLICIES. THANK YOU. THOSE ARE ALL THE PUBLIC COMMENTS. I DON'T BELIEVE IS THE APPLICANT PRESENT. GO AHEAD. GOOD AFTERNOON. MY NAME IS DAN MARIE PUGH. HELLO. OKAY. UM, GOOD AFTERNOON. MY NAME IS MIA MARIE PUGH OF BROWN AND MCDONALD LAW FIRM. WE ARE LOCATED AT 100 NORTHEAST LOOP FOUR 10 SAN ANTONIO, TEXAS. UM, WE ARE HERE ON BEHALF OF THE APPLICANT, SO WE ARE RESPECTFULLY REQUESTING A CONTINUANCE, UM, TO JANUARY 22ND TO GIVE US A LITTLE BIT MORE TIME TO WORK WITH THE OFFICE OF HISTORIC PRESERVATION. WE'RE STILL WORKING OUT, UM, A FEW QUESTIONS THAT THEY HAVE, SO THANK YOU. ALRIGHT, THANK YOU. IS THERE ANYONE WHO'D LIKE TO MAKE A MOTION? I'LL MAKE A MOTION. COMMISSIONER ZUNA, REGARDING CASE NUMBER BO OA 23 DASH 0 3 0 0 2 6 3. I MOVE FOR A CONTINUANCE TO JANUARY 22ND, 2024. I SECOND, SECOND, SECOND BY KAPLAN. ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? HEARING NONE. MOTION PASSES. ALRIGHT, YOU'RE CONTINUED TO THE 22ND. ALRIGHT, LET'S, UH, ITEM NUMBER TWO, UH, COMMISSIONER ZUNA WILL BE, UH, TAKING OVER THE MEETING FOR THE NEXT TWO CASES. SORRY, ITEM NUMBER TWO IS ITEM NUMBER COMMISSIONER VEST. YEAH. YES. THANK YOU. ALL RIGHTY. UM, ITEM NUMBER TWO IS BO OA 23 1 0 3 OH WAIT 0 0 3 0 1, LOCATED AT 6 27 ESSEX STREET. UH, DISTRICT TWO APPLICANT BEING AN A DA CO CONSULTING GROUP, UH, A VARIANCE FOR A TWO FOOT VARIANCE FOR THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A STRUCTURE TO BE THREE FOOT FROM THE EASTERN PROPERTY LINE ON ALLOW 40 A ONE FOOT VARI FOR THE FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE FOUR FEET FROM BOTH SIDE PROPERTY LINES ON LOT 41 AND A TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT STEP BACK TO ALLOW THE STRUCTURE TO BE THREE FEET FROM THE WESTERN PROPERTY LINE ON LOT 42. I REQUEST TO ALLOW THREE SEPARATE STRUCTURES ON RN FOUR ON LOT LESS THAN ONE THIRD OF AN ACRE AND A VARIANCE FROM THE FRONT ENTRY ORIENTATION FROM FROM THE PRIMARY STREET TO ALLOW SIDE DOOR ORIENTATION ZONING IS RMM FOUR. NEXT SLIDE. UH, THE APPLICANT IS LO IS UH, REQUESTING A TOTAL OF FIVE VARIANCES. ITEMS ONE THROUGH THREE IS THE FIRST SCENARIO THAT IS GONNA HAVE THREE SEPARATE LOTS THAT WILL SHOW YOU ON THE UH, SITE PLAN. ON THE NEXT SLIDE, EACH LOT WILL NEED A SIDE SETBACK VARIANCE. THE SECOND SCENARIO WOULD REQUIRE THE APPLICANT TO OBTAIN A VARIANCE FOR THE RM FOUR STANDARDS FOR ALL UNITS, UH, CONTAINED WITHIN A SINGLE STRUCTURE, UM, LESS THAN ONE THIRD OF AN ACRE. UPON REVIEW OF DSD IS NOTED THAT THE APPLICANT WOULD REQUIRE THE NEED TO OBTAIN A VARIANCE FROM THE FRONT ENTRY ORIENTATION TO ALLOW A SIDE DOOR CONSTRUCTION OR TWO TO FOUR UNITS ON LOTS. ONE THIRD OF AN ACRE OR SMALLER SHALL HAVE A FRONT DOOR ENTRY, UM, ORIENTED TO A PRIMARY STREET IN WHICH A LOT IS ADDRESSED OFF OF A FRONT WALKWAY FROM THE DOOR SHALL ALSO BE PROVIDED. IF ALL THE REQUESTED VARIANCES ARE APPROVED, THE APPLICANT WILL HAVE TWO SEPARATE DEVELOPMENT PATHS TO MOVE FORWARD WITH. THE REDUCED SETBACK VARIANCE WOULD NOT APPLY TO THE SEPARATE STRUCTURE FRONT DOOR ORIENTATION SCENARIO AND VICE VERSA. NEXT SLIDE. SO THESE ARE THE TWO DIFFERENT SCENARIOS. THE ONE ON THE LEFT IS ITEMS ONE, I'M SORRY, THE ONE ON THE LEFT IS ITEMS FOUR AND FIVE, WHICH IS GONNA BE ONE LOT WITH THREE SEPARATE STRUCTURES. AND THEN THE FRONT DOOR ORIENTATION, THE SCENARIO TO THE RIGHT IS THREE SEPARATE LOTS ALL NEEDING A REDUCED SIDE SETBACK, UM, VARYING ON EACH LOT. SO AGAIN, IF YOU APPROVE BOTH OF THESE, THEY WILL NOT BE, THEY CAN, THEY HAVE TWO OPTIONS TO GO FORWARD, BUT THEY CAN'T DO BOTH. UM, NEXT SLIDE. [00:15:01] THIS IS THE CURRENT PROPERTY AS IT IS RIGHT NOW, THE SURROUNDING AREA. ALL RIGHT. STAFF RECOMMENDS APPROVAL AND BO OA 23 1 0 3 3 0 1 BASED ON THE FOLLOWING FINDINGS OF THE FACT FOR THE SIDE SETBACK VARIANCES, WHICH IS ITEMS UH, THREE, FOUR, AND FIVE. THE REQUESTED IS NOT CONTRARY TO PUBLIC INTEREST AS THE REDUCED SIDE SETBACK, I'M SORRY, IS ITEMS 1, 2, 3. UM, THE REQUESTED IS NOT CONTRARY TO PUBLIC INTEREST AS THE REDUCED SIDE SETBACK IS NOT AFFECTED ON THE ADJACENT PROPERTIES AND THE STRUCTURE WILL BE ABIDING BY ALL OTHER BUILDING REQUIREMENTS. NEXT SLIDE. SO ITEMS FOUR AND FIVE, THE R FOUR UNDER ONE THIRD OF AN ACRE AND FRONT DOOR ORIENTATION STAFF RECOGNIZED THE DENIAL FOR BO OA 23 1 0 3 3 0 1 BASED ON THE FOLLOWING FINDINGS OF FACT, CONCENTRATING THE UNITS ON A SINGLE STRUCTURE CAN BE PREVENT OVERCROWDING ON LOTS, ONE THIRD OF AN ACRE OR SMALLER, NOT PROVIDING FRONT DOOR ENTRY TO THE STREET ON THE PROPERTY THAT IS ADDRESSED OUT OF, UM, FROM, IS OUT OF CHARACTER AND CONTRARY TO THE ADDRESS AND REQUIREMENTS AND THE REQUEST WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. NEXT SLIDE. 33 NOTICES WERE MAILED. ONE RECEIVED AN OPPOSITION AND DENVER HEIGHTS IS OPPOSED TO THE REQUEST. NEXT SLIDE PLEASE. IT'S THE LETTER FROM DENVER HEIGHTS. AND NEXT SLIDE. THE ONE RESPONSE THAT WE RECEIVED AND APPLICANT IS PRESENT MANNA MANNA. SO, UM, TWO, TWO QUESTIONS. FIRST QUESTION IS YOU IDENTIFIED ON THE MAP, UM, UH, THE ONE ON THE LEFT WOULD REQUIRE APPROVAL OF FOUR AND FIVE. THE ONE ON THE RIGHT WOULD REQUIRE APPROVAL OF WHICH ONES ONE, TWO, AND THREE. SECOND QUESTION WAS, UH, IF I RECALL CORRECTLY, LAST WEEK, UH, THE CITY, WE ASKED THE CITY TO REACH OUT TO DENVER HEIGHTS TO GET ADDITIONAL INPUT AND DID THAT OCCUR AND WAS THERE ANY ADDITIONAL INPUT? I BELIEVE THE APPLICANT, UH, WAS ABLE TO GET A HOLD OF, UM, THE DENVER HEIGHTS. MR. MAD SEC. I, I GUESS, AND SO WE DON'T, I ASSUME THAT THEY DIDN'T SEND A LETTER IN THEN THAT WE CAN READ THEN. SO, UH, THAT'S THE ONLY LETTER THAT WE RECEIVED. ANY OTHER QUESTIONS FOR STAFF AT THIS TIME? I'D ASK THE APPLICANT TO PLEASE COME FORWARD. HELLO. I AM GONNA READ, UH, CAN YOU, CAN YOU PLEASE STATE YOUR NAME? GARY SANCHEZ. MY NAME IS GARY SANCHEZ. I'M WITH OTTAWA INVESTMENTS. UM, WE'RE THE LANDOWNER IN THE CASE BEFORE THE BOA WHILE. THE AGENDA LISTS MULTIPLE VARIANCES, UH, FOR TWO SEPARATE DEVELOPMENT PATHS. WE ONLY WANT THE INTERIOR SIDE SETBACKS, WHICH IS VARIANCES ONE THROUGH THREE TO BE HEARD ON THE AGENDA AT THE BO ME DOA MEETING TWO WEEKS AGO. THIS BOARD VOTED TO CONTINUE SO WE COULD COMMUNICATE THE CONCERNS WITH THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION. FORTUNATELY IN NOVEMBER, WE HAD REQUESTED ATTENDANCE WITHIN DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION ON MONDAY, DECEMBER 11TH TO THEIR 6:00 PM EXECUTIVE COMMITTEE ZOOM MEETING. WE HAD THE OPPORTUNITY TO DISCUSS THE CASE. DENVER HEIGHTS DID NOT WANT DIFFERENT PATHS TO BE REVIEWED. DID DID NOT FEEL COMFORTABLE REVIEWING AND VOTING AS TO WHETHER TO APPROVE OR DENY UNTIL THE APPLICANT WAS FORMALLY CHANGED AND LIMITED TO ONLY TO THE INTERIOR SETBACKS. THEY WANTED US TO FORMALLY AMEND THE, OUR REQUEST, HAVE THE ITEM ON THE AGENDA AS ONLY ONE PATH OF VARIANCES, THEN THEY WOULD REVIEW. THEY FURTHER EXPRESSED THAT IT MIGHT BE DIFFICULT TO GET BEHIND SOMETHING THAT THE CITY TOOK ISSUE WITH. WE SHARED OUR SCREEN AND BROUGHT UP THE CITY STAFF REPORT FROM THE LAST MEETING POINTING OUT THE CITY WAS IN SUPPORT OF VARIANCES ONE THROUGH THREE ON THE INTERIOR SETBACKS. THEY AGAIN EXPRESSED THEY DID NOT WANT TO ENTERTAIN A DECISION UNTIL WE WERE ONLY ASKING FOR ONE PATH OF VARIANCES. THEY ASKED US TO HAVE THE APPLICATION TO THE BOA FORMALLY AMENDED, THEN RESUBMIT A REVIEW REQUEST TO THE DENVER HEIGHTS. BASED ON THIS CONVERSATION, WE HEREBY REQUEST THAT WITHDRAW OF THE SEPARATE UNIT AND FRONT DOOR FACING VARIANCES, VARIANCES FOUR AND FIVE ON THE AGENDA AND INSTEAD REQUEST THE BOA ONLY CONSIDERING THE INTERIOR SIDE SETBACKS THAT STAFF WAS RECOMMENDING APPROVAL. WE CANNOT WAIT FOR THE AGENDA TO BE REISSUED FOR JANUARY 4TH, THEN GO BACK TO DENVER HEIGHTS FOR THEIR MEETING IN MID-JANUARY, THEN GO BACK TO BOA MAYBE JANUARY 18TH OR POTENTIALLY FEBRUARY WHEN THE HOLDUP FROM DENVER HEIGHTS IS MORE OF AN ADMINISTRATIVE ISSUE AS OPPOSED TO A DESIGN AND LAYOUT ISSUE. [00:20:01] THE PROVISION OF A HOME EACH ON THEIR OWN EXISTING LOT IS ALREADY ALLOWED BY RIGHT IF WE BUILD A 15 FOOT WIDE HOME. AS MENTIONED AT OUR LAST MEETING, WE WANT TO HOLD THE FIVE FOOT SETBACKS ON THE OUTSIDE OF OUR PROJECT WHERE THERE'D BE NO BURDEN TO THE, A BUTTONING NEIGHBORS AND RECOMMEND PURSUING ALTERNATING THREE AND FOUR FOOT INTERIOR SIDE SETBACKS TO GET US A 17 FOOT WIDE HOME. SO THE SETBACK REDUCTION WOULD BE BORE SOLELY WITHIN OUR PROJECT, YET STILL KEEPS THE HOMES AT OR ABOVE THREE FOOT SIDE SETBACKS, WHICH IS COMMON TO THAT AREA. IN CLOSING, OUR TEAM IS TRYING TO PROVIDE THREE DETACHED HOMES, LIMITED TO TWO STORIES MAX. WE'RE TRYING TO PROVIDE SOME REALISTIC PARKING AND MORE LANDSCAPING. WE ARE ASKING FOR HELP TO ALLOW US TO DEVELOP SOMETHING RESPONSIBLE, A LIVABLE HOME ON EACH EXISTING LOT THAT COULD BE EVENTUALLY SOLD TO THREE FAMILIES. WE WOULD APPRECIATE A MOTION TO MENTION THAT OUR HOMES ARE LIMITED TO TWO STORIES, WHICH IS SOMETHING WE WERE TOLD BY THE NEIGHBORHOOD ASSOCIATION WE WOULD REQUEST. AND THAT IS ALL I HAVE. QUESTION. THANK YOU SIR. LET'S SEE IF WE HAVE ANY QUESTIONS FOR THE APPLICANT. QUESTION KAPLAN, MS. KAPLAN? UH, SO I HAVE A QUESTION. UH, JUST WANT YOU TO CONFIRM THAT THERE'LL BE FIRE RATED WALLS BETWEEN THE BUILDINGS, THE INTERIOR BUILDINGS. YES. IT'LL MEET ALL REQUIRED BUILDING CODES. ANY OTHER QUESTIONS FOR THE APPLICANT? MANNA, UM, MR. MANNA AND THEN WE'LL HAVE A QUESTION FOR STAFF. YEAH, THIS QUESTION ACTUALLY. SO, SO, UH, WHEN IT IS THAT YOU HAD YOUR MEETING WITH UH, DENVER HEIGHTS, DID YOU REACH BACK TO THE CITY TO LET THEM KNOW, YOU KNOW, I GUESS YOUR DIALOGUE SO AS TO SEE IF THERE WERE ANY PATHS THAT YOU KNOW THAT, THAT JOE CAN GO DOWN BEFORE, WE'LL SAY BEFORE THIS MEETING AND MAKE AN INFORMAL AMENDMENT. JUST LOOKING TO SEE IF YOU COORDINATE WITH THE CITY. I, I DON'T, I DON'T BELIEVE, UH, CALL WAS MADE TO THE CITY AFTER WE GOT THEIR SUPPORT FROM, UH, ITEMS ONE THROUGH THREE. I THINK WE WERE, WE WERE GOOD 'CAUSE WE ACTUALLY BROUGHT UP ANOTHER CASE THAT'S GONNA BE HEARD AFTER THIS WITH THEM AS WELL. BUT I DON'T THINK ANYONE UH, REACHED OUT TO THE CITY ON THAT. OKAY. MR. MADON. OKAY, THANK YOU. WE CAN CONFIRM THAT THEY DID NOT SEND US ANYTHING NEW. OKAY. MR. , REALLY IT WAS JUST THE APPLICANT REACHING OUT TO SAY THAT, YOU KNOW, THE DIALOGUE THAT THEY HAD, UM, YOU KNOW, THAT KIND OF SOUNDED, IT WAS, WE'LL SAY A SOFT APPROVAL. THEY WERE LOOKING FOR A FORMAL AMENDMENT AND THAT FORMAL AMENDMENT COULD HAVE BEEN MADE TO THE CITY AT THAT POINT TO REDUCE IT BEFORE THIS MEETING. AND SO THAT WAY THAT THEY COULD HAVE GONE BACK TO, TO THE APPLICANT TO SAY, YES, WE DID MAKE THAT FORMAL REQUEST. IT IS FORMALLY REQUESTED, IT IS NOW ONLY THOSE POSITIONS VERSUS, YOU KNOW, IT IS AS IT IS. SO THERE'S A LITTLE BIT OF DISCONNECT HERE FROM THE CONVERSATION FROM WHAT I'M HEARING, YOU KNOW, AND WHAT'S BEING ASKED. SO, AND, AND I'M FINE WITH THAT, BUT I'M JUST, YOU KNOW, JUST, YOU KNOW, I WILL SAY THE APPLICANT COULD NOT AMEND IT UNTIL HE GOT UP TO THE PODIUM. HE COULD NOT DO THAT WITH US 'CAUSE WE ALREADY PUBLISHED IT AS IS WE, IF WE WERE CHANGE IT ON OUR END, WE WOULD HAVE TO START HIS PROCESS OVER SO THE ONLY TIME HE WOULD HAVE TO AMEND IT WITHOUT DELAYING HIS CASES RIGHT NOW AT THE PODIUM, EVEN IF IT'S SOMETHING THAT'S LESS THAN'S BEEN ADVERTISED. YES, SIR. CORRECT. OKAY. OKAY. I APOLOGIZE. THANK YOU. THANK YOU MR. MATTA. ANY OTHER QUESTIONS FOR THE APPLICANT? THE STAFF? DO WE HAVE ANY VOICEMAIL OR PUBLIC, UH, COMMENT TO BE READ INTO THE PUBLIC RECORD? NO PUBLIC, NO PUBLIC COMMENT. DEAN, DEAN, LAST TIME WE MET, UM, DENVER HEIGHTS HAD WORKED WITH ANOTHER, UH, DEVELOPER AND IT SEEMED LIKE THEY HAD A RELATIONSHIP AND HAD A WAY FORWARD. UM, THAT WAS MORE, UH, IN THE INTEREST OF BOTH SIDES. I DON'T KNOW IF, IF WE'VE SEEN THAT HERE, UH, FOR ME TO COME, UH, TO, UH, YOU KNOW, GETTING PAST THAT SO I CAN GIVE YOU, UH, WHAT YOU NEED ESSENTIALLY. SO, UM, IS, IS THAT WHERE YOU WANT TO GO? YOU JUST WANT US TO ADVANCE? YEAH, AT THIS POINT WE'RE, WE JUST NEED TO MOVE FORWARD. UM, THE, THE DIFFERENCE WOULD BE EITHER A 15 FOOT HOUSE IF WE DON'T GET THE SIDE SETBACKS OR, UM, WE'VE, WE, LIKE I SAID, WE'VE CANCELED THE, THE THIRD OPTION. SO THE 15 FOOT SET, THE 15 FOOT WIDE HOUSES IS JUST THE TWO FOOT FOR ADDITIONAL SPACE AND ROOM, UM, FOR THE HOMES. THAT'S ALL WE'RE REQUESTING NOW. ALRIGHT, THANK YOU. HOW COME NOT THE TWO UNITS? WHY THREE? EXPLAIN THAT. UM, UH, WE HAD BOTH OUR DESIGN OPTIONS WERE THREE UNITS, SO, UM, I DON'T THINK TWO UNITS WERE EVER WERE EVER SOMETHING WE, WE CONSIDERED ON OUR NEXT ONE WE'RE DOING TWO UNITS. ALRIGHT. NO FURTHER. UM, DO WE HAVE ANY OTHER QUESTIONS FOR YOU? YEAH, MS. BRAGMAN, [00:25:01] SO JUST TO CONFIRM ON OPTIONS ONE, TWO, AND THREE, ARE THERE ANY CHANGES TO THE SIDE SETBACKS THAT YOU'RE REQUESTING? OKAY, SO, NO MA'AM. ALRIGHT. THANK YOU. THANK YOU MS. BRAGMAN. YES. UM, I BELIEVE YOU SAID IN YOUR PRESENTATION YOU'RE WILLING TO LIMIT THE BUILDINGS TO TWO STORIES. YES SIR. UM, WOULD YOU HAVE ANY OBJECTION TO INCLUDING THAT PROVISO IN THE VARIANCE? NO, WE WOULD HAVE NO ISSUE WITH THAT. THANK, THANK YOU MR. BURNSON. THE TWO STORY? YEAH, THE TWO STORY LIMITATION. ANY OTHER QUESTIONS FOR THE APPLICANT? QUESTION. OKAY, MR. ZUNIGA, SO YOU WANNA GO WITH ONE, TWO, AND THREE, RIGHT? YES SIR. FOUR AND FIVE IS OUT OF QUESTION FOUR AND FIVE. YEAH. FORMALLY ONE, TWO AND FULLY REMOVED, CORRECT. THAT'S WHAT WE BEFORE. THANK YOU. THANK YOU MRGO. ANY OTHER QUESTIONS FOR THE APPLICANT? ALRIGHT, THAT WOULD CLOSE THE PUBLIC PORTION. I'D ASK FOR A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION BRAGMAN MS. BRAGMAN, REGARDING CASE NUMBER BO OA DASH TWO THREE DASH 0 3 0 0 3 0 1 A MOVE TO THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR ONE TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW STRUCTURE TO BE THREE FEET FROM THE EASTERN PROPERTY LINE OF LOT 42, A ONE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW STRUCTURE TO BE FOUR FEET FROM BOTH SIDE PROPERTY LINES ON LOT 41 3 A TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW THE STRUCTURE TO BE THREE FEET FROM THE WESTERN PROPERTY LINE OF LOT 42, UM, SITUATED AT 6 2 7 ESSEX STREET. APPLICANT BEING OUTTA CONSULTATION CONSULTING GROUP, INC. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH THAT LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFYING DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. UM, AND I'D LIKE TO ADD THAT, UH, THE STRUCTURE WILL BE LIMITED TO TWO STORIES. UM, REAL QUICK, I'M SORRY. UM, SO WE CANNOT HOLD THEM TO THAT. UM, WE CAN'T, HE CAN SAY THAT, BUT THE, THE BOARD OF THE JUDGMENT CAN'T HOLD HIM TO THE LIMITED. DO YOU AMEND, AS YOU STATED, JUST AMEND YOUR APPLICATION TO INCLUDE A LIMITATION OF TWO STORIES? SURE. OKAY. SO I HEREBY AMEND MY APPLICATION TO, I HEREBY AMEND MY APPLICATION TO, UH, LIMITED TO TWO STORIES. THANK YOU. OKAY, SO NOW, NOW YOU JUST CAN, UH, CHAIR IF, IF, IF THE APPLICANT HAS BY RIGHT UH, TWO AND A HALF, UM, REQUIRING LESS THAN THAT COULD BE PERCEIVED AS CONDITIONING FOR APPROVAL. SO, UM, I WOULDN'T RECOMMEND THAT. OKAY. AWESOME. STRIKE THAT THEN AND WE'LL PROCEED WITH THE MOTION. OKAY. UH, ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST IN THIS CASE. THE PUBLIC INTEREST IS REPRESENTED BY MINIMUM SETBACK REQUIREMENTS AS THEY ENFORCED, AS THEY ARE ENFORCED TO PROVIDE ADEQUATE SPACING BETWEEN PROPERTIES. THE REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST AS THE REDUCED SIDE SET ACTS SEPARATE STRUCTURES ARE NOT AFFECTING THE ADJACENT PROPERTIES. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP ABIDING BY THE REQUIREMENTS OF MINIMUM SIDE SIDE SETBACK OF FIVE FEET UNITS BEING CONTAINED WITHIN A SINGLE STRUCTURE. WOULD RESULT IN UNNECESSARY HARDSHIP AS REDUCTION IN LIVABLE SPACE WOULD SPACE AREAS WOULD BE DRASTICALLY REDUCED. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS THE STRUCTURES WILL BE ABIDING BY ALL OTHER BUILDING REQUIREMENTS. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMITY PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. STAFF FINDS THE REQUEST WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES AND ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS OTHER LOTS IN THE AREA APPEARED TO NOT ABIDE BY SIDE SETBACKS, UH, REQUIREMENTS OF RMM FOUR LOTS BEING CONTAINED WITHIN A SINGLE STRUCTURE. UH, SIX, THE PLIGHT OF THE OWNER OF THE PROPERTY, WHICH THE VARIANCES SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY OR NOT OF THE PROPERTY, ARE NOT MERELY FINANCIAL AND 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 FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE NARROWNESS OF THE LOTS. END OF MOTION. SECOND. SECOND FOR MR. AMANDA, UH, DISCUSSION. MS. BREGGAN? [00:30:01] UH, YES, I'LL BE IN SUPPORT OF THE MOTION AS, UH, WRITTEN. UH, THE, UH, APPLICANT HAS WITHDRAWN, UH, SOME OF THE ISSUES THAT SEEM TO BE MORE, UH, CONCERNING TO THE BOARD AND PERHAPS TO THE, UH, NEIGHBORHOOD ASSOCIATION. UH, SO I THINK THIS IS A GOOD COMPROMISE AND HOPEFULLY THE DENVER HEIGHTS ASSOCIATION WILL BE IN AGREEMENT. MR. MADAM. UM, YES, I'LL BE VOTING ALSO IN FAVOR. UM, YOU KNOW, THIS IS KIND OF THE CITY'S RECOMMENDATION AS WELL AS, UM, YOU KNOW, AS IS NORMALLY SAID OF MR. BRAGMAN, WE ARE UNDER, UH, HOUSING SHORTAGE AND ANYTHING THAT WE CAN DO TO, YOU KNOW, TO HELP THAT, YOU KNOW, AND I THINK THIS WORKS ALONG, UH, IN CONCERT WITH THAT. SO I DO AGREE WITH THAT. SO I'LL BE VOTING IN FAVOR. THANK YOU MR. MANO. WITH ALL THAT, UH, STAFF, CAN YOU PLEASE TAKE A ROLL CALL? VOTE. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARTON. I CONCUR IN THOSE FINDINGS. COMMISSIONER KAPLAN, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER EZ I CONCUR WITH, UH, FINDINGS. COMMISSIONER DEAN, I DO NOT CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER ZUNIGA. I CONCUR WITH THE FINES OF FACT. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER BASQUEZ? I CONCUR. CHAIR ZUNA? YES, I CONCUR. WITH 10 IN FAVOR, ONE IN OPPOSITION. THE VARIANCE AS READ DOES, UH, PASSES. GOOD LUCK WITH THE PROJECT. THANK YOU. THANK YOU. DO I, DO I STAY UP HERE OR DO I WAIT UNTIL YEAH, JUST WAIT YOUR NEXT. ALRIGHT, ITEM NUMBER THREE B CASE 23 1 0 3 0 0 3 0 2. ADDRESS BEING 8 0 3 SOUTH PALMETTO STREET COUNCIL DISTRICT TWO A DA CONSULTING GROUP. THE REQUEST FOR ONE, A VARIANCE TO ALLOW TWO SEPARATE STRUCTURES ON AN RMM FOUR THAT IS LESS THAN ONE THIRD OF AN ANCHOR AND TWO AT TWO FOOT SIX INCH VARIANCE FROM THE MINIMUM 20 FEET GARAGE SETBACK TO ALLOW A 17 FEET, SIX INCH GARAGE FRONT SETBACK ZONED RMM FOUR. 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 R FOUR STANDARDS TO HAVE TWO SEPARATE STRUCTURES ON A SINGLE LOT MULTI-UNIT. CONSTRUCTION ON LOTS. 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 AND 20 FEET FOR PROPOSED ATTACHED GARAGES TO BE 17 FEET, UH, SIX INCHES FROM THE PROPERTY FRONT PROPERTY. THE SITE PLAN SUBJECT PROPERTY VIEW FROM VIRGINIA BOULEVARD AND SURROUNDING AREA AND STAFF RECOMMENDS ON SEPARATE STRUCTURES ON R FOUR UNDER ONE THIRD OF ACRE. UH, STAFF RECOMMENDS DENIAL BASED ON THE FOLLOWING FINDINGS OF FAC. MAINTAINING THE DENSITY OF UNITS BEING CONTAINED IN A SINGLE STRUCTURE CAN PREVENT OVERCROWDING ON SIMILAR LOTS AND THE REQUESTS WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. STAFF RECOMMENDS APPROVAL ON THE GARAGE SETBACK VARIANCE BASED ON THE FALLING FINDINGS OF FACT. THE PROPOSED GARAGES DO NOT APPEAR TO IMPOSE ON THE PUBLIC INTEREST OF ADJACENT NEIGHBORS AS THE STRUCTURES WILL FALL. ALL OF THEIR 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 OUT 34 NOTICES. ONE IN FAVOR, ZERO OPPOSED. AND THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION. AND HERE'S SOME OF THE RESPONSES AND THEN THE LETTER FROM DENVER HEIGHTS. THANK YOU. LET'S SEE IF WE, IF WE HAVE ANY QUESTIONS FOR STAFF? ANY QUESTIONS FOR STAFF? TOTALLY HEARING NONE, I'D ASK THE, UH, THE APPLICANT TO PLEASE COME FORWARD. UH, GOOD AFTERNOON. MY NAME IS GARY SANCHEZ. I'M WITH OTTMAN INVESTMENTS AND WE ARE THE LANDOWNER FOR THE CASE BEFORE THE BO OA WE ARE ASKING FOR TWO VARIANCES. ONE IS FOR DETACHED UNITS IN AN ARM, FOUR LOT LESS THAN A THIRD OF AN ACRE. UM, EACH UNIT WILL BE LIMITED TO TWO STORIES IN HEIGHT AND THE SECOND VARIANCE IS A REDUCTION FROM THE 20 FOOT GARAGE DOOR SETBACK DOWN TO 17 FOOT FIVE. UM, OR 17 FOOT SIX. SORRY. OUR PROJECT TECHNICALLY ONLY REALLY NEEDS ONE FOOT VARIANCE DUE TO LOCATION OF THE GARAGE DOOR TO THE EXISTING PUBLIC SIDEWALK, BUT WE WERE ASKING FOR TWO AND A HALF FEET REDUCTION BECAUSE THE PROJECT WILL REQUIRE THE RECONSTRUCTION OF THE [00:35:01] PALMETTO PUBLIC RIGHT OF WAY SIDEWALK TO ACCOUNT FOR OUR, OUR PROPOSED DRIVEWAYS AND TO CORRECT THE A DA TO CORRECT ANY A DA COMPLIANCE ISSUES. WE WERE HOPING FOR SOME PADDING IN THIS CASE. UH, IN CASE THE SIDEWALK WHEN RECONSTRUCTED SHIFTS CLOSER TO THE PROPERTY LINE, TECHNICALLY ONE FOOT VARIANCE WOULD BE FINE, BUT ANY VARIANCE UP TO TWO AND A HALF FEET WOULD BE APPRECIATIVE. UM, MAYBE THE BOARD COULD GIVE US A VARIANCE OF TWO FOOT. UM, THAT WOULD GIVE US, UH, JUST SOME ADDITIONAL PADDING, UM, AND ALSO PROVIDE THE TYPICAL 18 FOOT STANDARD PARKING SPACE. DEPTH. THE LAND CURRENTLY IN, UM, THE LAND IS CURRENTLY IN PLATT REVIEW UNDER PLATT ID 2318. 4 54 AS WE ARE PLATTING THIS LO THIS PROPERTY LOCATED IS AS WE ARE PLATTING THIS PROPERTY LOCATED IN AN ANTIQUATED LOT LAYOUT AREA. OUR DEVELOPMENT WAS REQUIRED TO CONVEY A 14 FOOT UTILITY EASEMENT ALONG SOUTH PALMETTO AND A 10 FOOT UTILITY EASEMENT ALONG VIRGINIA BOULEVARD. THESE EASEMENTS EXCEEDED THE 10 FOOT FRONT SETBACK ALONG PALMETTO IN THE FIVE FOOT SIDE STEP BACK ALONG VIRGINIA AVENUE, RESULTING IN A SMALLER FOOTPRINT AREA AVAILABLE FOR OUR PROPOSED HOME LAYOUTS AT THE BOA MEETING TWO WEEKS AGO. THE BOARD VOTED TO CONTINUE SO THAT WE COULD COMMUNICATE THE CONCERNS WITH THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION ON MONDAY, DECEMBER 11TH. WE ATTENDED A ZOOM MEETING AT 6:00 PM AND DISCUSSED THE CASE WITH DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION. THE NEIGHBORHOOD ASSOCIATION DID NOT EXPRESS ANY ISSUE WITH SEPARATE UNITS. THEY WERE CONCERNED WITH THE REDUCTION IN THE 20 FOOT GARAGE SETBACK MAY RESULT IN CARS BLOCKING THE SIDEWALK. WE SHARED OUR SCREEN AND BROUGHT THE CITY STAFF REPORT FROM THE 12 FOUR BOA MEETING AND POINTED OUT THAT THE CITY STAFF WAS IN SUPPORT OF THE TWO AND A HALF FOOT GARAGE SETBACK VARIANCE. WE EXPLAINED TO DENVER HEIGHTS THAT WE ARE GOING TO HAVE TO RECONSTRUCT THE RIGHT OF WAY SIDEWALK ALONG PALMETTO AVENUE DUE TO OUR NEW DRIVEWAYS IN FIXING THE SIDEWALK TO MEET A-D-A-A-D-A STANDARDS. IT WAS OUR CONCERN THAT IF THE CITY INSPECTOR WANTED THE SIDEWALK SETBACK AGAINST THE PROPERTY LINE, IT WOULD CAUSE OUR FACE OF GARAGE TO BE SEVEN AND A HALF FOOT AWAY. WE COULD, HOWEVER, ATTEMPT THE BUILD TO SIDEWALK CLOSER TO THE STREET AND MAKE THIS A NON-ISSUE, BUT WE FELT THAT MOVING THE SIDEWALK CLOSEST TO THE STREET WOULD NOT RESULT IN A SAFER CONDITION. SINCE STAFF WAS IN SUPPORT OF THE GARAGE SETBACK VARIANCE, WE HOPE THE BOARD COULD ENTERTAIN AT LEAST ONE FOOT VARIANCE TO THE GARAGE SIDE SETBACK OR THE GARAGE SETBACK TO ENSURE A PARKED VEHICLE WOULDN'T ENCROACH ON THE SIDEWALK TO ADDRESS DENVER HEIGHTS. CONCERN IN CLOSING, OUR TEAM IS TRYING AGAIN TO PROVIDE LESS INTENSITY OF A DEVELOPMENT, A TWO STORY MAX, UH, MORE REALISTIC PARKING, MORE LANDSCAPING DETACHED UNITS, COMMAND A LITTLE BIT MORE IN RENT THAN ATTACHED UNITS. SO WE COULD DO A LITTLE LESS INTENSITY AND STILL HAVE THE NUMBERS WORK. AS YOU DELIBERATE, PLEASE CONSIDER WHAT THE NEIGHBORS WOULD RATHER HAVE NEXT DOOR. PLEASE HELP US PURSUE SOMETHING LESS INTENSE AND MORE RESPONSIBLE. AS WITH THE PREVIOUS CASE, WE WOULD ALSO APPRECIATE YOUR MOTION TO INCLUDE MENTION OF OUR HOMES LIMITED TO TWO STORIES, WHICH IS SOMETHING WE TOLD THE NEIGHBORHOOD ASSOCIATION WE WOULD REQUEST. THANK YOU. THANK YOU BRAGMAN. MS. BRAGMAN. SO I JUST WANNA CONFIRM, ARE YOU ASKING FOR A TWO FOOT OR A ONE FOOT VARIANCE FROM THE GARAGE? UH, FRONT SETBACK, WE'RE TECHNICALLY ASKING FOR TWO AND A HALF FOOT FORMALLY, BUT AS LONG AS WE CAN GET AT LEAST ONE FOOT, WE'D BE HAPPY. ONE FOOT, TWO FOOT, ONE AND A HALF FEET? TWO AND A HALF FEET. THANK YOU CRUZ. MS. CRUZ, UM, WHERE EXACTLY IS THE DRIVEWAY GONNA BE FOR THE, UH, GARAGE? IS IT ON VIRGINIA STREET OR ON PALMETTO? THAT'S CONFUSING ME. CAN WE PUT THAT, SO THERE'S PALMETTO IN THERE AND THERE'S OUR DRIVEWAY. IS IT BECAUSE THE TELEPHONE, UM, BOX THAT'S THERE AT THE CORNER? UH, I DON'T BELIEVE, I CAN'T TELL IF IT'S PART OF THAT OR NOT. I DON'T BELIEVE IT'S BECAUSE OF THE TELEPHONE. UH, IT'S, IT'S MORE BECAUSE OF WHERE THE SIDEWALK MAY MOVE AND WHEN WE RECONSTRUCT IT, UH, CLOSER TO THE PROPERTY LINE. OKAY, MAN. THANK YOU MS. CRUZ. MR. MANAM. SO, UH, CAN STAFF BRING UP, UM, A GOOGLE OVERHEAD PLEASE, OF THE SITE? AND SO THE QUESTION THAT I'M TRYING TO ADDRESS HERE IS, YOU KNOW, SO [00:40:01] THERE WAS DIALOGUE WITH REGARDS TO MOVING THE SIDEWALK OR NOT MOVING THE SIDEWALK. AND AS I LOOK AT THE REST OF THE STREET, IT DOES APPEAR THAT THE SIDEWALK SITS, UM, A A BUDDING THE STREET ITSELF AND YOURS ON THIS PARTICULAR, ON THIS PARTICULAR PROPERTY, IT, IT, IT CUTS OUT, UM, AND LEAVES LIKE A 10 FOOT OR, OR A EIGHT FOOT SPACE IT LOOKS LIKE, OR YOU KNOW, OR SO SPACE. YEAH. UM, AND SO, SO IS YOUR DESIGN TO REDO THE SIDEWALK ALTOGETHER? MM-HMM. . AND SO, SO IS, I I IT'S NOT IS AN OPTION TO PUT ALONG THE STREET OR, OR IT'S NOT PREFERRED TO REDO THE SIDEWALK, BUT IT'S IN SUCH BAD SHAPE THAT IT'S MORE OF A, I DON'T SEE HOW WE'RE GONNA BE ABLE TO SAVE EXISTING SIDEWALKS. SO ONCE WE TOUCH IT, UH, JUST MAKING SURE WE'RE COVERED, UH, WHEN WE PUT IT BACK IN THE RIGHT PLACE, AND I DON'T BELIEVE WE'RE GONNA GO BACK. IT'S MORE, UH, LIKE YOU SAID, EIGHT FOOT SPACE BETWEEN THE CURB AND THE, THE SIDEWALK. SO, SO IT'S, IF I UNDERSTOOD CORRECTLY THAT, UM, DEBORAH HEIGHTS HAD A CONCERN WITH REGARDS TO THAT SPACING THERE FROM THE GARAGE TO THE SIDEWALK. AND SO IF THAT WAS MOVED, THEN THAT MAY OAY SOMEONE'S CONCERNED, RIGHT? CORRECT. IF I HEARD CORRECTLY, SO, SO, OKAY. THAT, I JUST WANTED TO JUST MAKE SURE I UNDERSTOOD THAT. SO, YEP. THANK YOU MR. MANNA. ANY OTHER QUESTIONS FOR THE APPLICANT? YOUR HONOR, MR. ZUNIGA, WHAT IS, UH, THE SQUARE FOOTAGE OF EACH HOUSE? UH, ROUGHLY 1500 SQUARE FEET. IT'S A, IT'S A TADD OVER 1540 TO BE EXACT. THANK YOU. MR. SENGA. ANY OTHER QUESTIONS FOR THE APPLICANT? WHY, UH, DEAN, MR. DEAN, UH, WHY CAN'T YOU PUT ONE UNIT AGAIN VERSES TWO? WHAT'S, WHAT'S, UH, DRIVING TWO UNITS? UM, SO TECHNICALLY WE'RE, WE CAN PUT A TRIPLEX ON IT. THAT'S TWO AND A HALF STORIES THAT WE PERSONALLY FEEL IS IRRESPONSIBLE FOR THE AREA. AND SO OUR ATTEMPT TO NOT PUT A TRIPLEX AND GO THAT HIGH WAS TO SEPARATE THESE TWO UNITS AS WE FEEL LIKE PEOPLE ARE WANTING TO HAVE THEIR OWN SPACE AND WANTING TO HAVE THEIR OWN PROPERTY. SO, UM, I HAVE ANOTHER VIEW. CAN I PUT THAT ONE UP THERE? SO I'VE, WE'VE, WE'VE RUN THIS, UH, WITH, SORRY, WE'VE RUN THIS THROUGH THE CITY. UM, UH, THAT WOULD GET APPROVED TECHNICALLY THAT THEY WOULD BE ATTACHED BY ADDING A THREE TO FOUR FOOT WALKWAY WITH A FOUNDATION AND A ROOF. SO THIS WOULD TECHNICALLY BE ATTACHED ONE SINGLE UNIT, BUT WE FEEL LIKE IT'S NOT REALLY DOING JUSTICE TO WHAT THE, THE CODE IS WANTING TO BE, BUT WE CAN GET AWAY WITH IT IF WE DO THIS. UM, AGAIN, I THINK A TRIPLEX AND I THINK THIS WALKWAY WOULD NOT DO JUSTICE TO WHAT THE DETACHED UNITS CODE WAS HOPING FOR. THANK YOU. THANK YOU, SIR. ANY OTHER QUESTIONS FOR THE APPLICANT, THE STAFF? DO WE HAVE ANY VOICEMAILS OR PUBLIC, UH, COMMENT TO READ INTO THE PUBLIC RECORD? NO PUBLIC COMMENT. ALL RIGHTY. UM, ANY CLOSING? RIGHT. OKAY. MOTION, UH, MS. KAPLAN? OKAY. UH, REGARDING CASE NUMBER BO OA DASH 23 DASH 1 0 3 0 3 2, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE, A VARIANCE TO ALLOW TWO SEPARATE STRUCTURES ON AN RM FOUR AND TWO, A TWO FOOT SIX INCH VARIANCE FROM THE MINIMUM 20 FOOT GARAGE SETBACK REQUIREMENT TO ALLOW A 17 FOOT SIX INCH GARAGE FRONT SETBACK SITUATED AT 8 0 3 SOUTH PALMETTO STREET. APPLICANT A DA CONSTRUCTION GROUP, INC. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THESE VARIANCES ARE NOT CONTRARY TO THE PUBLIC INTEREST AS SEPARATE STRUCTURES WITHIN AN RMM FOUR DISTRICT, LESS THAN ONE THIRD OF AN ACRE WILL NOT CAUSE OVERCROWDING ON THE LOT AND GUARANTEEING PARKING ON THE LOT TO AVOID STREET OVERCROWDING. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT, THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE SPECIAL CONDITIONS FOUND AS THE IRREGULAR LOT SHAPE AS IT RELATES TO DEPTH COMPARED TO SIMILAR NEARBY LOTS. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE STRUCTURE WILL BE OBSERVING THE SPIRIT OF THE ORDINANCE AS IT WILL BE ABIDING BY ALL OTHER SIDE SETBACK REQUIREMENTS AND NOT IMPOSING ON THE PUBLIC INTEREST OF THE ADJACENT NEIGHBORS. 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. IF GRANTED, THE STRUCTURE WILL NOT BE CONTAINED IN, IN A SINGLE, INTO A SINGLE STRUCTURE AND WILL MAINTAIN GARAGE SETBACKS OF OVER [00:45:01] 17 FEET, THE GRANTING OF THESE VARIANCES WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND DO NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE DEPTH OF THE PROPERTY WITHOUT THE VARIANCES, THE APPLICANT WOULD LOSE SQUARE FOOTAGE FOR THE PROPOSED USE. END OF MOTION. OKAY. DO I HAVE A SECOND? SECOND. WHERE DOES SECOND COME FROM? HANNAH. MS. MANNA? UH, MS. KAPLAN, WOULD YOU LIKE TO? YEAH, I'LL, I'LL BE IN FAVOR OF THIS. UM, YOU APPARENTLY CAN BUILD, UH, THE STRUCTURES WITHOUT THIS VARIANCE, BUT, UM, YOU'LL KEEP TO TWO STORIES IF WE GIVE YOU THE VARIANCE AND, UM, YOU KNOW, IT'S, IT'S A NICE LOOKING UNIT, UM, UH, TWO AND A HALF FEET OFF OF THE GARAGE. WE'VE CERTAINLY OF THE, UH, DRIVEWAY, WE'VE GIVEN THAT MANY TIMES. AND, UH, AS YOU SAID, YOU MAY NOT NEED THAT MUCH. SO I SEE NO REASON NOT TO GRANT, UH, THE DRIVEWAY VARIANCE. THANK YOU MR. MANNA. YEAH. I COMMEND YOU FOR REACHING OUT TO THE COMMUNITY OR TO THE NEIGHBORHOOD ASSOCIATION. SO THANK YOU FOR DOING THAT. AND UM, I AGREE WITH MY COLLEAGUE AND SO I WILL BE WILLING IN FAVOR. THANK YOU. UH, LET'S GO AND TAKE A ROLL CALL. VOTE. COMMISSIONER KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER MANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BURTON. I CONCUR WITH THOSE FINDINGS. COMMISSIONER BONNI, I CONCUR WITH THOSE FINDINGS. COMMISSIONER DEAN, I DO NOT CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER ZUNIGA. I CONCUR. WHAT'S THE FINDINGS OF FACT? COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER VASQUEZ? I CONCUR. CHAIR ZUNA? YES, I CONCUR WITH TENANT FAVOR. ONE IN OPPOSITION. THE VARIANCE HAS RED PASSES. GOOD LUCK WITH THE PROJECT. THANK YOU, SIR. UH, THE TIME IS 1 48 AND OUR CHAIR SHOULD BE BACK AND PANELED. YES SIR. YEAH. YEAH. WE'RE GONNA HAVE A, UH, THREE MINUTE BREAK. RECONVENE AT 1 51. ALL RIGHT. IT'S 1 55 AND, UH, WE'RE BACK IN SESSION. UH, WE'RE ON ITEM NUMBER FOUR. OKAY. ITEM NUMBER FOUR BOA CASE 23 1 0 3 0 0 3 0 3. ADDRESS IS 1722 NORTH OLIVE STREET COUNCIL DISTRICT TWO APPLICANT JOSE SWETA A REQUEST FOR A HALF STORY VARIANCE FROM THE MAXIMUM 2.5 STORIES TO ALLOW ROOFTOP DECK. THE ZONING IS R SIX. THIS SUBJECT PROPERTY IS LOCATED ON NORTH OLIVE STREET, EAST OF BROADWAY STREET IN THE GOVERNMENT HILL ALLIANCE NEIGHBORHOOD ASSOCIATION. THE LOT IS CURRENTLY EMPTY PRIOR TO CONSTRUCTION. THE APPLICANT IS REQUESTING A VARIANCE FROM R SIX STANDARDS TO HAVE A STRUCTURE AT THREE STORIES TO ALLOW A DECK ON AN OTHERWISE TWO AND A HALF STORY BUILDING. HALF STORIES ARE PROHIBITED FROM OPEN DECK OR PORCHES AND THE SITE PLAN SUBJECT PROPERTY SURROUNDING AREA AND THE STAFF RECOMMENDATION FOR ITS APPROVAL. AND BO CASE IS 1 0 3 0 0 3 0 3 BASED ON THE FOLLOWING FINDINGS OF FACT, THE USAGE OF, UH, HALF STORY VARIANCE TO ALLOW A DECK DOES NOT APPEAR TO IMPOSE ON THE PUBLIC INTEREST OF THE ADJACENT NEIGHBORS AS THE STRUCTURE WILL FOLLOW ALL OTHER HEIGHT AND SETBACK REQUIREMENTS AND THE REQUEST WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. WE MAILED 33 NOTICES RECEIVED ZERO IN FAVOR, ZERO IN OPPOSITION, AND THE GOVERNMENT HILL ALLIANCE NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. AND THAT CONCLUDES. ALRIGHT, LET'S HAVE THE APPLICANT COME FORWARD. PLEASE, UH, STATE YOUR NAME, TELL US ABOUT YOUR CASE. UM, HI, MY NAME IS JOSE SEPULVEDA. UM, REAL, REAL QUICK, ON THE, UH, FROM THE NEIGHBORHOOD ASSOCIATION, WE DID RECEIVE A, A LETTER OF, UM, IN FAVOR. I I DID MAIL IT IN. I DON'T KNOW IF YOU [00:50:01] HAVE A COPY OF THIS. UM, I COULD PROBABLY LOOK IT UP AND RESEND IT, I GUESS THROUGH EMAIL MAYBE. UM, I WOULD RECOMMEND DOING SO. OKAY. , UH, JUST JUST TO LET YOU GUYS KNOW THAT, THAT IT WAS, UH, THEY DID SEND IN, UH, DO YOU HAVE, UH, SOME, UH, ONE OF STAFF'S EMAIL ADDRESSES THAT YOU CAN SEND IT TO? YEAH, I, I'M SURE I DO. UM, SORRY. UM, MANNA. YES. COMMISSIONER MANNA. SO QUESTION FOR CITY STAFF HERE WHILE HE'S LOOKING THAT UP. UM, SO, SO WE, YOU KNOW, WE'VE TALKED ABOUT THE WEDDING CAKE, UM, SOLUTION FOR WHAT THE TWO AND A HALF STORY, UM, BUILDING IS. AND SO, SO OUTSIDE OF HAVING THE BALCONY, IS IT COMPLYING WITH THE REST OF THE REQUIREMENT PER THE CURRENT UDC? AND THE ONLY THING THAT WE'RE TALKING REALLY ABOUT IS ADDING, UM, THAT THAT'S, THERE, THERE ARE THE, UH, UM, UH, BALCONY THERE. IS THAT, IS THAT THE ONE THAT'S, THAT'S ACCURATE? YES. OKAY. AND, AND, AND TO FOLLOW UP ON THAT, I THOUGHT THAT THE HALF STORY DEFINITION DIDN'T ALLOW A ROOFTOP DECK OR TERRACE, BUT IS A BALCONY SOMETHING THAT'S ALSO NOT ALLOWED? IT SAYS A PORCH SPECIFICALLY. AND SO THIS IS AN OUTDOOR BALCONY OR PORCH. OKAY. YEAH, WE'VE ACTUALLY HAD A LOT OF DISCUSSION, UH, WITH THE STAFF ABOUT THAT EXACT SAME THING. 'CAUSE IT'S VERY RIGHT. WEIRD, WEIRDLY DEFINED, I GUESS. AND, UM, WELL, IT'S NEW. YEAH. UH, AND, AND UH, ON THAT GROUND, UM, IF WE, IF WE ENTERTAIN THIS, UH, FOR APPROVAL IS ARE THEY LIMITED TO THE SITE PLAN THAT THEY SUBMITTED AS PART OF THEIR APPLICATION? OR THEY CAN GO FULL THREE STORIES, UH, MOVING FORWARD? THEY'RE PROPOSING, THEY'RE, THIS IS WHAT THEY'RE PROPOSING. THEY'RE LIMITED TO THE SITE PLAN. OKAY. UH, I, I HAVE A QUESTION TO UNDERSTAND MR. SO THE TWO AND A HALF STORES UNDERSTAND THAT PROBABLY WOULD BE THE EAVES, THE TRIANGULAR EAVE ON THE THIRD FLOOR, THERE'S A JUTTING OUT, LOOKS LIKE A DORMER ON. IS THAT, IS THAT COUNTING AS THE, IN ADDITION TO THE, UM, THE PA THE PORCH? DOES THAT COUNT ALSO AS PART OF THE VARIANCE? NO. NO MA'AM. THAT'S JUST THE HALF STORY. THAT IS PART OF THE HALF STORY. THANK YOU. ALL RIGHT. JUST WANNA YOU KNOW, SORRY. NO, YOU CAN JUST ANSWER. OKAY. MR. CHAIRMAN? YES. COMMISSIONER ZUNIGA, UH, HOW HIGH CAN THAT BE BUILT? 35 I BELIEVE. 30. IS IT 35 OR 35 AND A HALF. 35 FEET, RIGHT? TWO AND A HALF STORIES, 35 FEET. I'LL, I'LL JUST HAVE SOMEBODY TAKE SEND, EMAIL IT TO ME RIGHT NOW WHILE, OKAY. YEAH, THAT MIGHT BE EASIER. SO I DON'T WASTE ANYBODY'S TIME. RIGHT. SO I WAS GONNA MENTION TO ANYONE IN THE AUDIENCE WHILE WE WERE WAITING FOR HIM TO PULL THAT UP, IF YOU HAVE SOMETHING THAT YOU GOT FROM THE NEIGHBORHOOD ASSOCIATION THAT WASN'T FORWARDED TO STAFF, PLEASE DO. SO AS YOU WAIT FOR YOUR CASE TO BE PULLED UP, UH, DO WE HAVE ANY VOICEMAILS THAT WE COULD LISTEN TO OR ANYONE SIGN UP TO SPEAK? NO PUBLIC COMMENT. OKAY. MANNA COMMISSIONER MANNA. UH, AND SO AS I RECALL THE LAST TIME, WE UH, CAN'T DO AN APPROVAL FOR, UM, JUST A STAIR OR JUST A BALCONY ON A TWO AND A HALF STORY TO GET AROUND, I GUESS THE THREE STORY REQUIREMENT THAT, THAT REQUIRES THE BALCONY. RIGHT. SO THAT'S WHY. SO WE CAN'T DO THE ONE WE HAVE TO GO FULL TILT, CORRECT? THAT IS CORRECT. YOU GOT IT. JUST RIGHT. IF, IF HE WAS DEAN HERE, COMMISSIONER DEAN, UH, IF HE WAS TO LOWER THE, THE PORCH FROM THE TWO AND A HALF STORY LEVEL TO TWO STORY, WOULD THAT BE A VARIANT OR, UH, IT, IT COULD BE A SOLUTION FOR SURE. ARE YOU SAYING DROP IT LIKE JUST A LITTLE BIT TO THE NO, TO THE, HE'S SAYING DROP IT DOWN DOWN THE SECOND TO THE OTHER LEVEL? YEAH, BECAUSE IT'S, THAT WILL BE THE TALLEST THAT I CAN SEE IN THE NEIGHBORHOOD. UH, AND OTHERS HAVE IT ON THE SECOND LEVEL. IS, IS YOUR, IS YOUR PORCH, UM, UH, COMPLETELY OVER THE SECOND LEVEL OR IS IT EXTENDING BEYOND? NO, NO, IT'S COMPLETELY IN, IN, SO IT'S ACTUALLY SURROUNDED BY THREE SIDES. THE ONLY OPEN FACE. AND THAT'S PART OF THE REASON THE NEIGHBORHOOD ASSOCIATION WAS FINE WITH IT. 'CAUSE IT'S THE ONLY PART THAT'S OPEN ABOUT IT IS FACING THE STREET. SO THERE'S A, A PICTURE ON THE SCREEN NOW THAT IT SHOWS A PORCH ON THE RIGHT SIDE OVER THE GARAGE? YEAH, THAT'S A HOUSE. UH, ABOUT A BLOCK DOWN. OH, APOLOGIZE. UM, I MEAN IT'S LIKE REALLY CLOSE TO THIS, YOU KNOW, TO THIS ONE, BUT THAT'S DIFFERENT. HOUSE COMMISSIONER AGAIN. IS THERE A BACK DOOR? UH, YES. UM, THERE'S A BACK DOOR ON, YOU MEAN ON THE, LIKE ON THE FIRST FLOOR? YES. YES SIR. UH, THERE'S ACTUALLY A 20 FOOT, UH, WE'RE FOLLOWING ALL OTHER LIKE, UH, SETBACKS AND EVERYTHING. SO THERE'S A 20 FOOT, UM, SETBACK FROM THE REAR BECAUSE IT'S AN R SIX. OKAY. AND WE MAINTAIN THAT. YES. UH, HOW MUCH LONGER DO [00:55:01] YOU THINK THIS IS GONNA TAKE? UH, BECAUSE WHAT WE CAN DO IS WE CAN TABLE THIS AND GO ON TO THE NEXT CASE. 'CAUSE I THINK THIS IS VERY IMPORTANT TO HEAR FROM THE, UH, NEIGHBOR ASSOCIATION. UM, YEAH, HE'S SENDING IT NOW. YEAH. WHO'S HE SENDING? UH, WELL HE'S GONNA EMAIL IT TO ME AND THEN I CAN FORWARD IT RIGHT AWAY. OKAY. I, I HAD SENT IT IN. I DON'T KNOW WHERE IT GOT LOST , BUT, UM, YEAH, SO LIKE I SAID, IT, IT'S, IT'S COMPLETELY ENCLOSED OTHER THAN LIKE THE, JUST THE FRONT OF IT IS, IS WHAT'S OPEN. UM, WE'RE FOLLOWING EVERYTHING ELSE AS FAR AS WHAT, YOU KNOW, WE, I GUESS KIND OF ASSUMED THAT HALF STORY WAS. UM, THE, THE PROBLEM I GUESS FOR US AT THIS POINT IS, UH, PRETTY MUCH ALL, LIKE ALL STRUCTURAL PLAN, EVERYTHING'S LIKE A HUNDRED PERCENT DONE. WE, WE EVEN HAD SUBMITTED IT FOR, UM, A PERMIT AS WELL ALREADY OBVIOUSLY GOT DENIED. UH, AND THAT'S THE REASON WE'RE HERE TODAY. UM, UH, SO YEAH, THAT'S KIND OF, YOU KNOW, WHERE WE'RE AT. UH, IT'S STILL, IT'S, IT IS STILL THE, THE, THE, UH, LIVING AREA ON TOP IS, UH, EVERYTHING ELSE ABOUT IT IS, UM, I THINK CONFORMING TO THE HALF STORY, UH, REQUIREMENTS AS FAR AS LIKE, SIZE, UM, LIKE THAT DORMER, YOU KNOW, THINGS LIKE THAT. RIGHT. UM, AS FAR AS THE HEIGHT, I, I KNOW SOMEBODY MENTIONED THE CONCERNED WITH THE HEIGHT, UM, IT'S COMPLETELY ENCLOSED WITHIN THE SLOPING ROOF, SO IT'S REALLY NOT MUCH HIGHER THAN YOU WOULD HAVE A TWO STORY HOME BEE. THAT'S KIND OF ALMOST EXACTLY WHAT IT IS, EXCEPT WE'RE ACTUALLY USING THE, THE, UM, UH, THE ATTIC SPACE. ALL RIGHT. AND FOR LEGAL, THIS, THIS, UH, THIS HALF STORY SEEMS TO BE IN CONFLICT WITH THE DEFINITION OTHER THAN ANY WORDING THAT JUST IS LIMITED TO THE SITE PLAN PROVIDED IN THE APPLICATION, IS THERE ANY SUGGESTIONS THAT YOU CAN OFFER ABOUT WHAT A MAKER OF A MOTION COULD STATE TO, TO REALLY LIMIT THIS TO THE BALCONY? YEAH, REFERENCE TO THE SITE PLAN, I BELIEVE WOULD, WOULD, WOULD DO IT. YEAH. CAPTURE. OKAY. MANNA COMMISSIONER MANNA, CAN WE GO AHEAD AND TABLE THIS UNTIL, YEAH, SO I'M GONNA TABLE THIS THING. WE'RE GONNA MOVE ON TO ITEM FIVE. UH, AND WE WILL, WE'LL COME RIGHT BACK TO YOU, SIR. OKAY. NO PROBLEM. THANK YOU. THANK YOU. ITEM FIVE, WE'RE GONNA GO TO ITEM SIX. ITEM FIVE IS POSTPONED. PARDON ME? ITEM SIX. SIX. SORRY. COLD. OKAY. ITEM NUMBER. I'M SORRY. I'M SORRY. HOLD ON. UH, DID SOMEBODY SAY THEY WERE HERE FOR ITEM FIVE? GOTCHA. ALRIGHT, GOOD. OKAY. ITEM NUMBER SIX. B-O-K-B-O-A CASE 23 10 0 3 0 0 3 1 12. ADDRESS BEING 3 7 2 2 BENZS ENGLEMAN ROAD COUNCIL DISTRICT TWO APPLICANT STEVEN J CRAMER ARCHITECTURE AND DESIGN. THE REQUEST IS FOR A 40 FOOT VARIANCE FROM THE MINIMUM 40 FOOT LANDSCAPE BUFFER TO ALLOW THE ELIMINATION OF A LANDSCAPE BUFFER ON THE WESTERN PROPERTY LINE. THE ZONING IS HEAVY INDUSTRIAL. THE SUBJECT PROPERTY LOCATED ON BENS ENGLEMAN ROAD NORTH OF I 35 AND IS NOT LOCATED WITHIN NEIGHBOR ANY NEIGHBORHOOD ASSOCIATION. THE APPLICANT IS REQUESTING A 40 FOOT VARIANCE FROM THE LANDSCAPE BUFFER REQUIREMENTS, WHICH WOULD RESULT IN THE ELIMINATION OF A LANDSCAPE BUFFER FOR A HEAVY INDUSTRIAL DISTRICT ADJOINING A MULTI-FAMILY DISTRICT ON THE WESTERN PROPERTY LINE. THE CURRENT INDUSTRIAL DEVELOPMENT WAS ESTABLISHED IN 2000 WITH A SUR WITH SURROUNDING PROPERTIES BEING INDUSTRIALLY ZONED PROPERTIES. A 2006 REZONED TO THE ABUTTING WESTERN PROPERTY CREATED THE CURRENT LANDSCAPE BUFFER. AND HERE'S THE SITE PLAN, SUBJECT PROPERTY AND THE SURROUNDING AREA SHOWING THE UM, ADJACENT PROPERTY ON THE WESTERN PROPERTY LINE. AND STAFF RECOMMENDS DENIAL AND BOA CASE 23 1 0 3 0 0 3 1 12 BASED ON THE FINDINGS OF FACT, THE REQUEST WILL BE CONTRARY TO THE PUBLIC INTEREST BY LEAVING INADEQUATE SPACING BETWEEN THE ADJOINING PROPERTY AND NOT ALLOWING A TRANSITIONARY SPACE TO PROVIDE ADEQUATE SCREENING BETWEEN RESIDENTIAL AND NON-RESIDENTIAL USES AND NOT ABIDING BY THE LANDSCAPE BUFFER REQUIREMENTS WILL SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY. WE MAILED OUT 14 NOTICES. WE HAD ZERO IN FAVOR, ZERO IN OPPOSITION, AND NO NEIGHBORHOOD ASSOCIATION WAS LOCATED WITHIN 200 FEET. OKAY, IS ANYONE'S UNDER, IS THERE ANY PUBLIC COMMENTARY WANTS UNDER TO SPEAK ON THIS? UH, SO AFTER THE APPLICANT SPEAKS, WE DO HAVE ONE SPEAKER, ACTUALLY I THINK THAT'S THE APPLICANT THAT SIGNED UP TO SPEAK. YOU SAID THE APPLICANT. COME FORWARD PLEASE. UH, PLEASE STATE YOUR NAME, TELL US ABOUT YOUR CASE. ALRIGHT, UH, GOOD AFTERNOON. MY NAME IS BRADY [01:00:01] ZAKI, REPRESENTING ON BEHALF OF STEVEN J. KRAMER ARCHITECTURE AND DESIGN. WE ARE HERE TO ADDRESS BUFFER REQUIREMENTS FOR OUR PROJECT LOCATED AT 37 22 BENZ ENGLEMAN ROAD AS MENTIONED, UH, AND OUR REQUEST FOR THE ELIMINATION FOR THE REQUIRED 40 FOOT BUFFER ON THE WEST SIDE OF THE PROPERTY FOR AN I TWO ZONE PROPERTY ABUTTING ON MF 33 PROPERTY. UH, WE WOULD LIKE TO ADD THAT WITH THE DESIGN OF THE CIVIL LANDSCAPE PLANS, WE ARE EXTENDING THE PAVING LINE OF THE ALREADY EXISTING AVERAGE EXPRESS, WHICH WAS CONSTRUCTED PRIOR TO THE REZONING OF THE NEIGHBORHOOD WEST SIDE LOT TO THE MULTIFAMILY DISTRICT. ALSO WITHIN THE TYPE BUFFER TYPE F BUFFER REQUIREMENTS FOR, UH, THE MENTION ELIMINATION OF THE BUFFER FOR THE PORTION OF THE ADJOINING LOT, WE WILL PROVIDING THE BERM AND THE ENTIRE, UH, 700 LINEAR FEE OF THE NEW PAVING AREA. ALONG THE LEFT SIDE, WE'LL ALSO BE PROVIDING A EIGHT FOOT PRIVACY FENCE FOR 1200 LINEAR FEE OF THE WEST SIDE OF THE LOT, WHICH WILL EXTEND TO THE LENGTH OF BOTH A NEW AND EXISTING PAVING AREA TO BENEFIT BOTH SIDES FOR SOUND IN FAVOR OF THE NEIGHBORING APARTMENTS AND IN, IN FAVOR OF SECURITY, UH, FOR OUR CLIENT AND THEIR WORKERS AT A EXPRESS. UH, ON MY FINAL NOTE, I WOULD LIKE TO ADD THAT IN REGARDS TO THE NEW PAVED AREA BEING AN EXTENSION OF THE EXISTING, WE'RE ONLY ENCROACHING IN ON THE 40 FOOT TYPE F BUFFER FOR SIX FEET OF THE PREVIOUSLY MENTIONED 700 LINEAR FEET, THEREBY CONTINUING 30 FOOT, THE 34 FOOT PROPOSED LANDSCAPE BUFFER TO MATCH THE EXISTING CONSTRUCTION OF THE PROPERTY. ALRIGHT. UM, AND THEN I DO HAVE PLANS IF YOU WONDERFUL, UM, I'M GONNA NEED YOU TO GET THE LASER POINTER AND, UH, CLARIFY FOR THE COMMISSION WHAT EXACTLY IS HAPPENING. SO STAFF, IF YOU COULD PLEASE BRING UP, UH, THE, THE AERIAL PHOTO WITH THE PRO, UH, PROPERTY OUTLINED IN RED. MM-HMM, . ALRIGHT, SO THIS IS SHOWING ON THE WESTERN SIDE, UH, A LARGE, UH, BUNCH OF, UH, I IMPERVIOUS COVER UP TO BEN GELMAN, AND THEN THERE APPEARS TO BE SOME, UH, 18 WHEELER OR SOMETHING PARKING DOWN THE SIDE. MM-HMM, , UH, YOUR SITE PLAN IS SHOWING THAT THERE'S AN, A DITCH, UM, OR A DRAINAGE CHANNEL OF SOME SORT. UH, SO THE CIVIL ENGINEER HAS ADJUSTED THE, UH, LANDSCAPING HERE AT THIS PORTION TO HELP PUSH ANY SORT OF DRAINAGE. CAN YOU, CAN YOU POINT THAT AGAIN, SIR? UH, SORRY I'M A LITTLE SHAKY. IT'S OKAY. UH, IT'S AT THIS PORTION RIGHT HERE ON THE SITE PLAN THAT THEY HAVE ADJUSTED THE, UH, SO, SO IS THIS, THAT'S WHAT I WAS TRYING TO GET TO, IS THIS IS A SUBJECT OF THIS CASE, WHAT'S OUTLINED IN RED OR TO THE SOUTH OF THAT? UH, SO A EXPRESS ACTUALLY OWNS THE ENTIRE PROPERTY. SO STAFF, UH, BECAUSE WAS THIS ADVERTISED TO INCLUDE THE, THE, THE, UM, AMOUNT OF LAND TO THE SOUTHEAST OF THIS? OR DO WE NEED TO RE ADVERTISE THIS? I'M CHECKING. OKAY. YEP. UM, SO WITH THE, UH, WITH THE, THE QUESTION, THE, UH, DRAINING THAT'S BEEN ADJUSTED HERE ON THE CIVIL GRADING PLAN, UH, HAS BEEN, UH, PUT THERE TO ALLOW FOR RUNOFF, BUT ALL OF THE, UH, DRAINAGE IN TERMS OF, UM, UH, FOR THE PROPERTY HAS BEEN SET TO ALLOW IT TO STAY WITHIN THE, UH, PAVED AREA OF THE NEW CONSTRUCTION. YEAH. PART OF THE ISSUE IS, IS THAT WE'RE, WE'RE, WE'RE VERY LIMITED TO WHAT WE'RE ALLOWED TO ENTERTAIN, AND IT HAS TO BE, UH, WHAT IS ADVERTISED. OKAY. AND SO IF THEY DIDN'T ADVERTISE, UH, THE ENTIRE PROPERTY THAT, THAT WE'RE DISCUSSING, WE MIGHT HAVE TO, UH, GO BACK AND, AND, AND DO THAT APPROPRIATELY, CORRECTLY. SO MANNA, UH, COMMISSIONER MANNA, UM, ALSO, SO, SO THE APPLICANT BROUGHT, UH, I GUESS SOME PLANS HERE. DOES, DO THE PLANS INCLUDE BASICALLY THE WHOLE LOT? 'CAUSE I SEE THAT THE ONE THAT WAS PROVIDED CUTS OFF HALF THE PAGE, AND SO I CAN'T REALLY SEE WHAT THE REST OF THE SITE LOOKS LIKE. SO AS I LOOK AT IT, UH, THE, UH, CIVIL PLAN IS UNDERNEATH THAT ONE. OKAY. IT SHOWS THE ENTIRE PROPERTY. BECAUSE THE QUESTION I WOULD ASK IS, YOU KNOW, CAN, CAN THE BUILDING BE MOVED? BECAUSE YOU'RE PUTTING A NEW BUILDING IN? CORRECT. YES. OKAY. SO, 'CAUSE THE QUESTION IS, CAN THE BUILDING BE MOVED SO THAT THE BUFFER ISN'T, UH, NECESSARY? UM, IN, IN RESPONSE TO THAT, THE, UH, EXISTING PORTION OF THE PAVING IS ACTUALLY RIGHT HERE. A EXPRESS STOPS RIGHT HERE IN TERMS OF THE, UH, IMAGE THAT WAS ALREADY PREVIOUSLY SHOWN. UH, WE DO HAVE SOME BUFFER HERE AS FAR AS THE PAVING RIGHT HERE TO ADJUST IT. I DON'T KNOW IF WE HAVE THE FULL SIX FEET. UM, AS FAR AS THE PAVING TO GO TO MOVE IT, TO ALLOW FOR IT, UH, WE HAVE A FIRE LANE THAT GOES ALL THE WAY AROUND THE ENTIRE PROPERTY AS IT IS IN INDUSTRIAL USE. UM, SO WE COULD POSSIBLY MOVE IT, BUT I'LL HAVE TO CONFIRM WITH CIVIL ENGINEERING ON THAT. BUT, SO THE, A COUPLE ISSUES IS, IS, UM, SO YOU, WHEN YOU ASK FOR A, A COMPLETE, UH, WAIVER OF THE BUFFER ACROSS THE ENTIRE PROPERTY LINE YEAH. AND YOU DO HAVE THE POTENTIAL TO OFFER SOME OF IT MM-HMM. , UM, KNOWING WHAT THOSE DIMENSIONS ARE AND HOW MUCH YOU COULD OFFER, THAT WAY WE CAN AUGMENT OUR MOTION TO, TO, TO, TO, TO ONLY GIVE YOU WHAT YOU WOULD NEED, IS SOMETHING THAT WE'D BE INTERESTED IN. UH, BUT WE ALSO, [01:05:01] UH, I DON'T WANNA, I DON'T WANT TO KEEP MOVING FORWARD IF THIS IS SOMETHING WE'RE NOT ALLOWED TO ATTAIN TODAY. SO WHAT WE'RE GONNA DO IS, UH, THERE WAS SOMEBODY SIGN UP TO, WAS THERE SOMEONE OTHER THAN YOU SIGN UP TO SPEAK? NO STAFF. THERE WASN'T ANYONE ELSE. RIGHT. NOBODY ELSE. OKAY. SO WE'LL JUST, SO WHAT DO Y'ALL THINK? WE WERE JUST REVIEWING THE APPLICATION TO SEE WHAT IT STATED SPECIFICALLY. OKAY. CAN I ASK A QUESTION? SURE. COMMISSIONER KAPLAN. OKAY. SO THIS REALLY YOU, I'M SORRY, BUT YOU WERE SPEAKING VERY FAST. IT WAS REALLY HARD TO FOLLOW YOU. UH, AND I AM A LITTLE CONFUSED AS TO WHERE THE BUFFER IS THAT YOU ARE TRYING TO GET IT VARIANCE FOR. UH, IT IS ON THE, UH, ENTIRE WEST SIDE OF THE PROPERTY HERE, UH, CURRENTLY, UH, WITH THE PAVING AND THE ORIGINAL USE OF THE, UH, NEIGHBORING LOT WAS I TWO AS WELL. AND IT WAS REZONED TO MULTIFAMILY. SO THAT'S WHAT ACTIVATED THIS BUFFER REQUIREMENT. UM, WE DO HAVE THE PAVING, UH, 30 FOOT, UH, 34 FEET OFF OF THE PROPERTY LINE. AND WE'RE JUST LOOKING TO CONTINUE THAT, UH, TO MATCH THE EXISTING. SO YOU REALLY ONLY NEED A SIX FEET, SIX FOOT, UM, VARIANCE. YES. I, I'M NOT, UH, I DIDN'T APPLY FOR THE VARIANCE REQUEST. THAT WAS OUR LANDSCAPE ARCHITECT. UM, WE REALLY ONLY NEED A REDUCTION TO APPROVE THE ADDITIONAL SIX FEET, ESSENTIALLY. OKAY. SO, SO IF I HEARD CORRECTLY, SO IF WE BRING UP THE OVERHEAD OF THE CURRENT VIEW. YES. AND THEN THERE'S ALSO, WE PROVIDE THE CURRENT LINE. IF I, IF I HEARD CORRECTLY, THE, THE CURRENT PAVING THAT YOU HAVE RIGHT NOW, YOU'RE JUST LOOKING TO FOLLOW THAT LINE? CORRECT. ESSENTIALLY. OKAY. AND THAT, THAT WAS 34 FEET, IS THAT WHAT YOU YEAH, IT IS CURRENTLY 34 FOOT BUFFER. OKAY. SO 30 FOOT. SO THEY NEED A SIX FOOT VARIANCE. YES. CORRECT. BUT WE STILL NEED TO FIND OUT IF THIS IS, NEEDS TO BE READVERTISED. YEAH, NO, WE, IT'LL BE A RESTART APPARENTLY. UM, THE OLD PLATTED LOT IS WHAT WAS INCLUDED, NOT THE NEWLY PLATTED LOT, WHICH IS A MUCH LARGER AREA. DO WE NEED TO DO A CONTINUANCE OR DO WE JUST, UH, NO, WE'LL JUST DROP IT AND THEN REPUBLISH IT. YEAH. SO WE WILL HOPEFULLY SEE YOU IN THE NEAR FUTURE. YEAH. AND, UM, YOU KNOW, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF AND I'M SURE THEY'LL ANSWER THEM FOR YOU. OF COURSE. YEP. APPRECIATE YOUR TIME. AND IT WAS FOR THE, FOR THE APPLICANT THAT WAS ON ITEM NUMBER FOUR. DID Y'ALL GET THE, UH, LETTER? UH, YES, I SENT IT IN. YES. ALL, SO WE'RE BRINGING BACK ITEM NUMBER FOUR UP. SO I, I THINK I WAS WRONG. I DIDN'T, I DON'T THINK WE EMAILED IT IN. I THINK WE HAD, WE HAD ATTACHED IT TO THE APPLICATION INITIALLY, SO I DON'T KNOW. OKAY. IF THAT'S WHERE IT GOT LOST, BUT, SO I, I DON'T KNOW IF YOU SAW, I SENT TWO. IT WAS ONE WAS AN ACTUAL EMAIL FROM, UH, ROSE HILL AND THEN, RIGHT. THE SECOND ONE WAS THE ATTACHMENT. SO SHOULDER , WE'LL BRING UP ANOTHER, YEAH, SO THAT WAS THE ACTUAL EMAIL SHE SENT WITH THE ATTACHMENT. AND THEN THE SECOND ONE IS THE ACTUAL ATTACHMENT. OKAY. SO ARE THERE ANY ADDITIONAL QUESTIONS FROM THE COMMISSION? ALRIGHT, WELL THEN WE'RE READY FOR A MOTION. UH, COMMISSIONER KAPLAN. OKAY. REGARDING CASE NUMBER BO A 23 DASH 1 0 3 0 0 3 0 3, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A HALF STORY VARIANCE FOR A ROOFTOP DECK SITUATED AT 1722 NORTH OLIVE STREET, APPLICANT BEING JOSE SDA. 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 LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE IS AMENDED, WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE APPLICANT IS A VARIANCE TO A DECK. AN OPEN DECK OR PORCH IS OTHERWISE PROHIBITED ON HALF STORIES. THE VARIANCE DOES NOT APPEAR TO IMPOSE ON THE PUBLIC INTEREST OF THE ADJACENT NEIGHBORS AS THE DECK IS MOSTLY ENCLOSED AND THE PROPERTY WILL STILL BE CONFORMING TO HEIGHT REQUIREMENTS AND SETBACKS. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE SPECIAL CONDITION FOUND IS THE DECK BEING MOSTLY CLOSED ON A STRUCTURE THAT WOULD OTHERWISE BE IN CONFORMITY WITH A TWO AND A HALF STORY REQUIREMENT. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP, [01:10:01] IS ABIDING BY THE STORY REQUIREMENT, WOULD ELIMINATE SUBSTANTIAL SPACE ON THE FLOOR IN QUESTION THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE STRUCTURE WILL BE OBSERVING THE SPIRIT OF THE ORDINANCE AS IT WILL BE ABIDING BY ALL OVER HEIGHT AND SETBACK REQUIREMENTS, AS WELL AS NOT IMPOSING ON THE PUBLIC INTEREST ON THE ADJACENT NEIGHBORS. 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 GRANTING OF THE VARIANCE WILL NOT SUBSTANTIALLY INJURE THE ADJACENT USE OF PROPERTY, CONFRONT CONFORMING PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED UPON SITE VISITS. STAFFS OBSERVE NUMEROUS STRUCTURES IN THE IMMEDIATE VICINITY THAT IT'S SIMILAR HEIGHT AND STORE COMPOSITION. THE REQUEST IS NOT OUT OF CHARACTER DUE TO THESE OBSERVATIONS. 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 AS DUE TO UNIQUE CIRCUMSTANCES DUE TO LIMITED BUILDABLE AREA AND THE CLASSIFICATION OF THE DECK. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL. SECOND, SECOND, SECOND BY COMMISSIONER MANISH, APOLOGIZE. UM, IS YOUR MICROPHONE NOT WORKING? NO. NO, NO. UM, I DON'T FINISH. UM, I DID FINISH. ALL RIGHT. SORRY. END OF MOTION. BUT WAIT, I THINK I ALSO HAVE TO PUT IN AS SHOWN IN THE PLAN. THANK YOU. I WAS GONNA ASK FOR A FRIENDLY AMENDMENT, BUT, ALRIGHT. SO THAT'S ACCEPTED BY COMMISSIONER MAYOR. DISAGREE. SO, UH, COMMISSIONER KAPLAN. YEAH. AS SHOWN IN THE PLAN, I, UH, THINK IT'S NO PROBLEM BECAUSE YOU ESSENTIALLY ARE DOING A TWO STORY BUILDING. I THINK MAYBE WHEN WE HAVE OUR TECHNICAL ADVISORY COMMITTEE MEETINGS AGAIN, SO, OR, OR FOUR YEARS OR SO. THIS IS AN ITEM TO BE BROUGHT UP BECAUSE IT SEEMS SILLY TO HAVE TO GET A VARIANCE FOR A PORCH WHEN YOU'RE NOT REALLY BUILDING. WE'RE GIVING YOU A HALF STORY VARIANCE, BUT YOU'RE NOT REALLY BUILDING THE HEF STORY. YOU'RE JUST PUTTING A PORCH ON. AND SO, UM, I THINK OUR, OUR ZONING, UH, NEEDS TO BE, UM, CORRECTED. I WILL PUT IT ON THE LIST. COMMISSIONER, MANNA. UM, YEAH, I THINK, UM, SO AS BEING A PARTICIPANT IN THOSE, YOU KNOW, I GUESS WE'LL, WE'LL TRY TO FIGURE OUT HOW TO PUT BETTER DIALOGUE IN THERE, BUT, BUT I DO LIKE WHERE THE CURRENT DIALOGUE IS AND SO THE REASON WHY I WILL BE VOTING FOR THIS IS BECAUSE IT IS HIDDEN UNDER THE ROOF. IF IT HAD BEEN HIDDEN UNDER THE ROOF. I MAY HAVE HAD A LITTLE BIT MORE HEARTACHE WITH REGARDS TO THIS. SO I WILL BE VOTING IN FAVOR. ANY OTHER COMMISSIONERS LIKE TO ADD DEAN, COMMISSIONER BRAGMAN, THEN DEAN? UH, YEAH, I'M GONNA BE IN SUPPORT OF THE MOTION. UH, FOR SEVERAL REASONS. THERE ARE A NUMBER OF STRUCTURES IN THE AREA THAT ARE SIMILAR TO THIS. AND SO IT IS NOT OUT OF CHARACTER FOR THE NEIGHBORHOOD AND THE FACT THAT THE, UH, NEIGHBORHOOD ASSOCIATION IS IN FAVOR, UM, ALSO, UH, MAKES ME WANNA SUPPORT IT. COMMISSIONER DEAN, I'M NOT GONNA BE IN SUPPORT BECAUSE IT'S ON THE, UH, YOU KNOW, THE, THE HALF STORY AT THE TOP. WHEN I LOOK AROUND, I DON'T SEE ANY, ANY, UH, SITUATION LIKE THIS AND I THINK IT WILL BE AWKWARD. SO I DON'T THINK THAT THIS IS A GOOD SOLUTION GOING FORWARD. SO I'M NOT GONNA BE IN FAVOR. OKAY. ANYONE ELSE? HEARING NONE? LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER MANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BURTON. I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER OUS? I CONCUR. COMMISSIONER ZUNIGA? I CONCUR. WHAT'S THE FINDINGS OF FACT? COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER ZUNA? YES, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 10 TO ONE. UH, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. OKAY, THANK YOU VERY MUCH. THANK YOU. UH, NEXT CASE IS ITEM NUMBER SEVEN. OKAY. ITEM NUMBER SEVEN BOA CASE. 23 1 0 3 0 0 3 1 3. ADDRESS BEING 5 1 1 SPACIOUS SKY. THE COUNCIL DISTRICT IS OUTSIDE CITY LIMITS. APPLICANT IS JOHNNY GOATS. THE REQUEST IS A REQUEST FOR A THREE FOOT FOUR INCH VARIANCE FROM THE MINIMUM FIVE FOOT REAR SETBACK TO [01:15:01] ALLOW A POOL WITH A ONE FOOT EIGHT INCH REAR SETBACK. AND THE ZONING IS OUTSIDE CITY LIMITS. PRIMARY RESIDENTIAL. THE SUBJECT PROPERTY IS LOCATED ON SPACIOUS SKY EAST OF BLANCO ROAD ALONG CAMP BOLUS. THE APPLICANT IS REQUESTING A THREE FOOT FOUR INCH VARIANCE FROM THE MINIMUM REAR SETBACKS TO ALLOW A POOL WITH A ONE FOOT EIGHT INCH REAR SETBACK. A 2017 AGREEMENT IN LIEU OF ANNEXATION REQUIRE SINGLE FAMILY DEVELOPMENT TO ABIDE BY DEVELOPMENT STANDARDS AND THE UNIFIED DEVELOPMENT CODE, SPECIFICALLY ACCESSORY STRUCTURES AT 500 SQUARE FEET OR MORE MUST COMPLY WITH SETBACK STANDARDS. THE SITE PLAN, SUBJECT PROPERTY SURROUNDING AREA AND THE STAFF RECOMMENDATION FOR THE REAR SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BOA CASE 23 1 0 3 0 0 3 1 3 BASED ON THE FOLLOWING FINDINGS OF FACT, THE DISTANCE DOES NOT PROVIDE ADEQUATE SPACING BETWEEN PROPERTIES AND THE PRESENCE OF A POOL NEAR THE PROPERTY LINE MAY CREATE WATER RUNOFF ISSUES TO ABIDING PROPERTIES. AND THE SUBJECT PROPERTY PRESENTS AN ALTERNATE LOCATION FOR THE SWINGING POOL TO ABIDE BY THE REQUIRED BACKS. WE MAILED OUT 16 NOTICES. WE RECEIVED TWO IN FAVOR, ZERO IN OPPOSITION, AND THERE WAS NO NEIGHBORHOOD ASSOCIATION WITHIN THE 200 FEET PUBLIC RESPONSES. AND THAT CONCLUDES STATUS PRESENTATION. ALRIGHT, SO LET'S HAVE THE APPLICANT COME FORWARD. PLEASE, IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. MY NAME'S JOHNNY GETZ. I'VE A HOMEOWNER IN TIMBERWOOD PARK FOR 25 YEARS. UM, AND WHEN I BUILT MY HOUSE 25 YEARS AGO, I SET MY HOUSE REALLY FAR BACK TO SAVE SOME 300 YEAR OLD TREES. AND, UH, SO NOW 25 YEARS LATER, I WANNA BUILD A POOL. I HAVE VERY LITTLE ROOM BACK THERE AND SO I'M TRYING TO GET INTO THAT EASEMENT SO I CAN AT LEAST HAVE A 12 FOOT WIDE POOL. IF NOT, I CAN'T BUILD IT ALL 'CAUSE I CAN'T BUILD A POOL ON THE SIDE OR IN THE FRONT. AND SO I WANT A LITTLE, LITTLE MORE SOMETHING IN THE BATHTUB BACK THERE, SO. OKAY. UM, STAFF, HAS ANYONE SIGNED UP TO SPEAK OR ANY VOICEMAILS? NO PUBLIC COMMENT. ALL RIGHT. I'M GONNA GO AHEAD AND LEAD, UH, THE QUESTIONS OFF ON THIS. SO I'M VERY FAMILIAR WITH TIM WOOD PARK. OKAY. I KNOW THAT THEY, THEY HISTORICALLY HAVE 40 FOOT FRONT SETBACKS. YOU HAD MENTIONED THAT YOU'RE TRYING TO SAVE, UH, VERY LARGE TREES WHILE YOUR HOUSE IS SO FAR BACK. YEAH, THEY HAD A SIX FOOT, SIX FOOT SETBACK ORIGINALLY. UH, I GUESS THAT WAS THROUGH CPS. AND SO I WENT THROUGH CPS AND GOT IT. OKAY. TO GO ALL THE WAY TO THE FENCE IF I WANTED. THAT WAS MY NEXT QUESTION. THEY TYPICALLY HAVE A, A SIX FOOT SIDE UTILITY. MM-HMM. . THEY ALSO HAVE A, BUT ALL THE UTILITIES ARE IN THE FRONT AND THEY CAME OUT AND LOOKED AT IT FOR, THEY ALSO LIKE A 10TH TIME. THEY ALSO HAVE A, A, A PLATTED 15 FOOT REAR UTILITY. NO, THEY HAVE A SIX FOOT IS WHAT THEY TOLD ME. AND THEY, WELL, YOU HAVE A, YOU HAVE A PIE SHAPED LOT ON A REC RECTANGULAR LOT. IT WOULD'VE BEEN LARGER IN THE REAR. OKAY, BUT WHAT, UM, DO YOU HAVE THAT ENCROACHMENT AGREEMENT FROM CPS? YES, I DO. IF YOU COULD GIVE THAT TO STAFF, THEY CAN PROJECT IT ON THE SCREEN, THAT WOULD BE VERY HELPFUL. I, YEAH, THERE'S NO UTILITIES BACK THERE. IT'S ALL OVERHEAD IN FRONT. I, I COMPLETELY AGREE WITH YOU. YEAH. UH, AND LASTLY, STAFF HAD MENTIONED THAT YOU HAD THE ABILITY TO CONSTRUCT THE POOL, UH, IN, IN OTHER LOCATIONS. DID YOU LOOK AT DOING IT? UH, EVEN THERE'S NO OTHER LOCATIONS. OKAY. BECAUSE MY SEPTIC SYSTEM'S, UH, ALL IN THE WAY. IS IT IN THE I'D YOUR SEPTICS IN THE BACK? NO, MY SEPTICS IN THE FRONT. OKAY. SO, BUT YOU, UM, 'CAUSE 1.8 IS 1.8 FEET'S PRETTY CLOSE, SO RIGHT, THAT'S THE, WELL, THAT'S GONNA BE THE BACK OF, UH, THE WALL OF THE POOL. SO THE WATER WILL START AT 36 TO 40 INCHES FROM THERE. IT'S, IT'S NOT THE WATER STARTING, IT'S JUST THE BACK OF THE WALL BECAUSE I HAVE TO BUILD A RETAINING WALL FOR THE WATER THAT Y'ALL ARE TALKING ABOUT. THAT'S WHAT I'M GONNA ASK IS I'VE ALWAYS NEED, I ALWAYS HAVE TO ASK THIS QUESTION, IS THE SETBACK TO THE EDGE OF WATER OR IS IT TO ANY OF THE, UH, CONCRETE APPEND SAYS ASSOCIATED WITH THE POOL? SO THE, IT WOULD BE THE, WHEN IT GOES DOWNWARD INTO THE POOL, UM, ANYTHING RELATED TO THE POOL, LIKE THE, UM, THE RETAINING STRUCTURE, COPING, THE RETAINING STRUCTURE OR THE LITTLE CLEANING, I FORGOT THE NAME. BUT, UH, THAT WOULD ALSO BE CONSIDERED AN ACCESSORY STRUCTURE AND THAT WOULD ALSO HAVE TO BE WITHIN THE FIVE FOOT REAR AND [01:20:01] SIDE SETBACK. SO, SO WHAT, WHAT I'M, SO I'LL POSE THE QUESTION AGAIN. YOU HAD MENTIONED THAT THE WA EDGE OF WATER WOULD BE THREE FEET AWAY AT THE CLOSEST. UH, DO YOU HAVE, DO YOU HAVE ANY OF YOUR, UH, WHAT ARE THOSE CLEAN OUT SCUPPERS OR WHATEVER THAT ARE, THEY'D BE ALL ON THE OTHER SIDE. ON THE OTHER SIDE. SO IF, IF THIS BOARD WERE TO ENTERTAIN A THREE FOOT, A TWO FOOT VARIANCE, SO TO ALLOW YOU TO BE THREE FOOT, UH, THAT WOULDN'T VI THAT WOULDN'T, UH, GET IN THE WAY OF YOUR PLANS BECAUSE THAT NO, THAT WOULD WORK. OKAY. JUST PUTTING THAT OUT THERE. SO HE WANTS IT TWO FOOT INSTEAD OF WELL, WE CAN GIVE YOU, SO YOU CAN SEE THE FENCE LINE. SO WHAT I WANT TO DO IS I, I WANT THE BACK OF THE WALL OF THE RETAINING WALL THAT'S GONNA GO UP TWO FEET FROM THE FENCE. SO I, I KIND WANNA STILL WANNA BE ABLE TO WALK BACK THERE. RIGHT. SO, UH, SO AND THEN, UH, THERE'S A, THERE'S A A, YOU CAN SEE THE HOSE A LITTLE BIT. YEAH, YEAH. LET'S GET, WHERE'S A, I DON'T KNOW HOW I OPERATE THIS THING. OH, THERE WE GO. COME ON. THERE WE GO. OH, I SEE THE BUTTON. SO THAT'S, THERE'S A, THERE'S A, SEE THAT HOSE RIGHT THERE? IT GOES LIKE THAT. AND IT GOES AROUND AND I'M GONNA COME INTO HERE AND THIS IS, THIS IS GONNA BE THE POOL. I'M TRYING TO SAVE THIS TREE. I'M GONNA CHOP HALF OF IT OFF. AND THERE'S SOME TREES OVER HERE TOO THAT I WANNA SAVE. BUT IF I CAN'T START TILL HERE, THIS IS ONLY LIKE NINE FEET RIGHT HERE. THERE'S NOT MUCH ROOM FOR A POOL. RIGHT FROM HERE TO HERE IS ABOUT 15 FEET. AND THEN I'LL BE ABLE TO MAKE THE POOL LIKE THIS. SO THIS IS THE BACK OF THE WALL RIGHT HERE. THE WATER WILL BE ABOUT RIGHT THERE. ALRIGHT, WELL THANK YOU VERY MUCH. UH, SINCE THERE'S NO ONE SIGN UP TO SPEAK OR VOICEMAILS, IS THERE ANY COMMISSIONER QUESTIONS BEFORE WE MOVE ON TO A MOTION HEARING? YES, COMMISSIONER KAPLAN. SORRY TO DO THIS. OKAY. I HAVE A QUESTION ON YOUR POOL. OKAY. SO IS THE POOL, IF YOU DID IT TWO FEET FROM THE FENCE, WOULD IT BE FLUSH WITH THE LAND OR ARE YOU GONNA PUT LIKE A, A BUILD, YOU'RE GONNA BUILD A LITTLE RETAINING WALL? CORRECT. OKAY. IT'S PROBABLY GONNA BE, UH, IF I HAD TO GUESS AT LEAST THREE FEET RIGHT THERE, IT'S GONNA BE BUILT UP THREE FEET. 'CAUSE YOU SEE THE SLOPE THERE TOO. YEAH. AND SO THIS IS THE LOW SIDE WHERE WE'RE AT DOWN HERE. AND SO IT'S ALL GONNA BE BUILT UP. THERE'S GONNA BE A HOT TUB ON THIS SIDE, BUT THEN THERE'LL BE, UH, THAT RETAINING WALL HAS TO BE THERE BECAUSE I DON'T KNOW IF YOU HAVE A PICTURE OF THE NEIGHBOR'S BACKYARD, BUT IT'S GOT A BIG SLOPE. AND SO WHEN THE WATER FROM RAIN THERE IT IS RIGHT THERE. SO WATER COMES OFF THAT STREET UP THERE IS SO LOW AND WATER JUST COMES THROUGH MY PLACE. AND I HAVE A RETAINING WALL WITH, WITH, UH, ROCKS THAT CONTROL THE WATER NOW. AND SO NOW I'M GONNA HAVE TO CON DO THE SAME THING WITH THE WALL BEFORE I PUT THE POOL IN TO GET THE WATER TO GO AROUND MY HOUSE AND NOT IN THE POOL. SO IF WHOEVER MAKES A MOTION, THE, THE APPLICANT HAS EXPRESSED THAT A TWO FOOT VARIANCE, UH, WOULD BE ADEQUATE FOR HIS NEEDS. SO LOOKING FOR A MOTION. BRAGMAN COMMISSIONER BRAGMAN, REGARDING CASE NUMBER BO A DASH TWO THREE DASH 0 3 0 3 3. I MOVE TO THE BOARD OF ADJUSTMENT GRANT OR REQUEST FOR A VARIANCE FROM THE MINIMUM FIVE FOOT REAR SETBACK TO ALLOW A POOL TO BE WITHIN A THREE FOOT REAR SETBACK SITUATED AT 5 1 1 SPACIOUS SKY. APPLICANT BEING JOHNNY GOETZ. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOWED THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH 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. THE, THE APPLICANT IS REQUESTING A TWO FOOT VARIANCE FROM THE MINIMUM AR REAR SETBACK. THE REQUIRED MINIMUM REAR SETBACK IS FIVE FEET. THE VARIANCE DOES NOT APPEAR TO IMPOSE ON THE PUBLIC INTEREST OF THE ADJACENT NEIGHBORS AS SPACING BETWEEN STRUCTURES WILL REMAIN ADEQUATE. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE LAW ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE SPECIAL CONDITION FOUND IS A SLOPING OF THE TERRAIN AND THE AREA AND THE LOCATION OF THE HOME TOWARDS THE BACK OF THE LOT. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS ABIDING BY THE REAR SETBACK WOULD SUBSTANTIALLY LIMIT THE ABILITY TO PLACE A POOL IN A SUITABLE LOCATION. THREE, BY GRANTING THE VARIANCE, THE SPHERE OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE STRUCTURAL WILL BE OBSERVING THE SPHERE OF THE ORDINANCE AS YOU'LL BE ABIDING BY ALL OTHER SETBACK REQUIREMENTS AS WELL AS NOT IMPOSING ON THE PUBLIC INTEREST OF THE ADJACENT NEIGHBORS. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE GRANTING OF THE VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY LOCATED STAFF HAS FOUND THAT OTHER PROPERTIES IN THE AREAS HAVE POOLS CLOSE TO SITE AND REAR SETBACKS. THE REQUEST IS NOT OUT OF CHARACTER. GIVEN THESE OBSERVATIONS, [01:25:02] THE PLIGHT OF THE OWNER OF THE PROPERTY FOR VARIANCES 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 OWNER 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 THERE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES OF THE SLOPING OF THE LOT, LEAVING LESS BUILDABLE AREA AND THE LOCATION OF THE HOME TOWARDS THE BACK OF THE LOT CIR THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL. END OF MOTION. SECOND. SECOND BY COMMISSIONER ZUNA. COMMISSIONER BRAGMAN. UH, YEAH, I'LL BE IN SUPPORT OF THE MOTION. I THINK THAT THIS IS A MINOR, UH, VARIANCE AND GIVEN THAT HE'S GONE TO A GREAT EXTENT TO SAVE SOME HISTORIC TREES, UM, AND THAT GIVEN THE LOCATION OF HIS SEPTIC SYSTEM, THERE IS NO OTHER, UH, SUITABLE PLACE TO BUILD. SO I WILL BE IN SUPPORT OF THE MOTION COMMISSIONER ZUNA? YEAH, I'M SUPPORTING IT, UM, FOR THOSE, UH, UH, FOR THOSE ITEMS MENTIONED BY, UH, MAKING THE MOTION, BUT ALSO THE, THE NEIGHBOR MOST AFFECTED IS IN SUPPORT OF THE, UH, SUPPORT OF THE, UH, VARIANCE AND ALSO DOES PROVIDE SOME, UH, MAINTENANCE, UH, PATHWAY BETWEEN THE FENCE AND THE RETAINING WALL. SO I AM SUPPORTING THE MOTION. GREAT. ANY OTHER COMMISSIONERS' LIKE TO ADD HEARING NONE? THIS I HAVE A ROLL CALL VOTE PLEASE. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER UNA? YES, I CONCUR. COMMISSIONER BARRINGTON? I CONCUR. COMMISSIONER KAPLAN? I CONCUR. COMMISSIONER BANEZ? I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER ZUNIGA. I CONCUR WITH THE FINANCES OF FACT. COMMISSIONER MANANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT MOTION PASSAGE UNANIMOUSLY. THANK YOU. AND IF YOU HAVE ANY QUESTIONS, YOU CAN PLEASE GET WITH STAFF. OKAY, THANK YOU. THANK YOU. ITEM NUMBER EIGHT, PLEASE. OKAY, COOL. BOA CASE 23 1 0 3 0 0 3 1 4. ADDRESS BEING 13 6 3 4 PEBBLE OAK DRIVE COUNCIL, DISTRICT EIGHT, APPLICANT BEING HELEN SKELDON. THE REQUEST IS A ONE OR A FOUR FOOT, TWO INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ACCESSORY STRUCTURE TO BE 10 INCHES FROM THE SIDE SETBACK. THE ZONING IS R SIX. THE SUBJECT PROPERTY IS LOCATED ALONG PEBBLE OAK DRIVE, NORTHEAST OF NORTHWEST MILITARY HIGHWAY. THE APPLICANT IS REQUESTING A FOUR FOOT TWO INCH VARIANCE FROM THE SIDE SETBACK REQUIREMENTS TO ALLOW A SHED AS AN ACCESSORY STRUCTURE. THE PROPERTY OWNER HAD THE STRUCTURE BUILT WITHOUT PERMITS AND WAS CITED BY CODE ENFORCEMENT OP OPPOSITE TO THE ACCESSORY STRUCTURE. THE NEIGHBORING STRUCTURE IS APPROXIMATELY FIVE FOOT FROM THEIR SIDE SETBACK. THE SITE PLAN AND SUBJECT PROPERTY SURROUNDING AREA AND THE STAFF RECOMMENDATION AND THE SIDE SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BOA CASE 23 1 0 3 0 0 3 1 4 BASED ON THE FOLLOWING FINDINGS OF FACT, THE DISTANCE DOES NOT PROVIDE ADEQUATE SPACING BETWEEN PROPERTIES CAUSING POSSIBLE ISSUES WITH WATER RUNOFF AND THE REDUCED SETBACKS WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. WE MAILED 25 NOTICES IN FAVOR. ZERO IN OPPOSITION. ONE, NO NEIGHBORHOOD ASSOCIATION LOCATED WITHIN 200 FEET. I DO WANNA NOTE, UM, WE DID JUST GET SOME, UH, EMAILED TO US, UH, ABOUT TWO PROPERTIES THAT WE'LL PULL UP LATER. AND THIS WAS ONE OF THE PUBLIC RESPONSES. AND THEN WE COULD PULL UP IF HE STILL HAS VINCENT SINCE EMAIL THE PRESIDENT OF THE HOMEOWNER'S ASSOCIATION, UH, WHO IS LOCATED ACROSS FROM HER, SENT A LETTER. POTENTIALLY WE CAN HAVE THE APPLICANT COME FORWARD AND THEY CAN GET STARTED. WHILE, WHILE YOU RETRIEVE THAT, UH, IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE. [01:30:05] HELLO, MY NAME IS TIMOTHY BUFFINGTON. OWNERSHIP OF PEBBLE OAK HAS ALWAYS BEEN UNDER HELEN SKELDON SINCE THE HOUSE WAS BUILT IN 1980. CURRENTLY SHE'S IN HOSPICE AND DYING. SO HER POWER OF ATTORNEY, HER DAUGHTER DELANO, UH, IS PRESENT. UH, SHE SIGNED A RENTAL AGREEMENT SO WE CAN MOVE IN SO SHE COULD NOT BE ALONE WHEN SHE DIES. AND UH, WE WERE GIVEN PRETTY MUCH CARTE BLANCHE TO MAKE IMPROVEMENTS TO THE HOUSE. SO, SO, UM, I MOVED FORWARD WITH BUILDING THE SHED. UM, I KNOW IGNORANCE OF LAW IS NO EXCUSE, BUT WE CHECKED THE ORIGINAL DEEDED AND THERE WERE NO SETBACKS IN THE ORIGINAL DEEDED FROM 1980. WE CHECKED THE HOA RULES AND THEY DIDN'T, UH, STATE ANY, UH, RULES ON THAT. AND WE ALSO NOTICED THAT MANY HOUSES IN THE NEIGHBORHOOD HAD SHEDS WITHIN THE PROPERTY LINES ALSO. SO WE WENT AHEAD AND I MADE AN ATTEMPT TO BUILD A QUALITY SHED AND I PAID EXTRA FOR A NICE SHED AND I PAID TO HAVE THE CONCRETE FOUNDATION LAID. INTERESTINGLY, NONE OF THE WORKERS EVER MENTIONED THE SETBACK LINES. SO, UM, AN INTERESTING POINT THOUGH. THERE IS A DIFFERENCE. THE CITATION PERSON STATED THAT THE OVERHANG WAS, I THINK IT'S MAYBE AN, AN INCH OFF THE SIDE OF THE SHED. AND THEY STATED THAT IT WOULD REQUIRE A THREE FOOT VARIANCE, BUT THEN THE OFFICIAL INSPECTION IS ASKING FOR A FIVE FOOT VARIANCE. SO THERE APPEARS TO BE SOME DISCREPANCY BETWEEN HOW FAR THAT OVERHANG IS. UM, LIKE I SAID, THE, WE HAVE SPOKEN WITH THE ADJACENT PROPERTY OWNER ON THE OTHER SIDE OF THE FENCE, WE HAVE A, A WRITTEN COPY, BUT WE COULD HAVE THEM EMAIL THE BOARD, BUT THEY HAVE, UH, THEY'RE ON PHASE AND THEY'RE FULLY SUPPORTIVE OF THE SHED. UH, WE HAVE THE EMAIL FROM THE HOA PRESIDENT ACROSS THE STREET AND, UH, IT WOULD BE A HARDSHIP BECAUSE WE WOULD HAVE TO REPO THE CON REPO THE CONCRETE AND THEN PAY SOMEONE TO DISASSEMBLE AND REASSEMBLE AND MOVE THE SHED. UM, LIKE I SAID, IT WAS REALLY JUST KIND OF, UH, IT WAS MORE JUST GENERAL IGNORANCE ON MY SIDE, BUT I WAS TRYING TO DO AND MAKE A QUALITY SHED. THAT WAS KIND OF WHAT IT WAS. OKAY. SO, UM, I, I'M GONNA START OFF WITH A, A COUPLE QUESTIONS. UH, ONE, WHAT IS THE SIZE OF THE SHED? EIGHT AND A HALF BY 12. EIGHT AND A HALF BY 12. AND THE, UH, 12 FOOT IS THE, UH, LONGER SIDE THAT'S AGAINST THE FENCE? YES. ONE AND A HALF BY 12 FEET. ALRIGHT. AND THEN, UH, YOU HAD MENTIONED THE OVERHANG ON THE PICTURE LOOKS VERY, VERY SMALL. UH, ANYTIME YOU HAVE SOMETHING LESS THAN THREE FEET, UH, IT'S, THERE'S NO OVERHANGS OR ANY PROJECTIONS ALLOWED. SO IS IS 10 INCHES ADEQUATE OR COULD, IS IT A LITTLE, DO YOU THINK THE EDGE OF OVERHANG IS SLIGHTLY FURTHER AWAY FROM THE FENCE? OH, I THOUGHT IT WAS ON THE ACTUAL STRUCTURE. SORRY, THAT WAS, I WASN'T UNDER THE IMPRESSION THAT IT WAS HOW FAR MUCH OF AN OVERHANG WAS ON THE ACTUAL STRUCTURE. UM, I GUESS I MISUNDERSTOOD THAT PART. YEAH, SO ANYTIME YOU, UH, YOU HAVE A FIVE FOOT SIDE SETBACK MM-HMM. , UH, SO WHEN YOU, WHEN YOU GET WITHIN THREE FEET, SO IF I, IF I HAD A STRUCTURE AT FIVE FEET, I CAN HAVE A TWO FOOT OVERHANG. IF I HAVE A STRUCTURE AT FOUR FEET WITH A VARIANCE, I COULD HAVE A 12 INCH OVERHANG. UH, BUT I CAN'T EVER BREAK THE THREE FOOT LINE WITHOUT IT BEING A FULL VARIANCE FOR WHATEVER THE OBJECT IS. OKAY. AND SO RIGHT NOW WHAT'S BEFORE US IS A, UH, A YOUR STRUCTURE IS, IS SHOWN TO BE OR, OR LISTED TO BE 10 INCHES AWAY FROM THE SIDE. INE DO YOU THINK THAT THE EDGE OF THE OVERHANG IS FURTHER AWAY THAN 10 INCHES? WELL, THE, IT WAS INTERESTING 'CAUSE THE, I DON'T THINK OUR FENCE IS DIRECTLY ON THE PROPERTY LINE, BUT I NOTICED IN THE, IN THE MEASURING THAT IT MEASURED FROM THE FENCE. BUT OKAY. WELL WE, WE JUST WANNA MAKE SURE THAT, UH, YOU KNOW, WHOEVER MAKES A MOTION IS AWARE OF WHAT THE MINIMUM YOU CAN LIVE WITH. OKAY. UH, 'CAUSE IT USUALLY ISN'T YOUR FAVOR FOR THAT. THE, THE REQUEST WOULD BE NOT, NOT TO MOVE IT. 'CAUSE WE WOULD HAVE TO RELAY ALL THE, POUR THE WHOLE CONCRETE AND THEN SHIFT THE ENTIRE SHED. OKAY. IF IT'S POSSIBLE TO AVOID THAT IS WHAT WE'RE TRYING TO, TO DO. ARE THERE ANY OF THE COMMISSIONER QUESTIONS? YEAH. QUEST, COMMISSIONER KAPLAN, THEN A ZUNA. HOW MUCH WOULD IT COST TO POUR SOME MORE CONCRETE, LET'S SAY A FEW MORE FEET AWAY FROM THAT FENCE? THAT'S A GOOD QUESTION. THE SLAB ITSELF WAS ABOUT 2,500. SO LET'S SAY YOU POURED ANOTHER TWO OR THREE FEET AND MOVED THE SHED IN THREE FEET. COULD YOU DO THAT? WE COULD TECHNICALLY, YES, BUT IT WOULD, AGAIN, IT WOULD JUST, THEN WHAT WOULD WE DO WITH THE OLD, WE'D HAVE TO PROBABLY GET A JACKHAMMER AND TEAR IT UP. RIGHT. I MEAN THAT WOULD BE, UM, I MEAN, TECHNICALLY SPEAKING WE COULD DO IT. WE'RE JUST, I'M HERE TO ASK THAT. UM, LIKE I SAID, AND FROM THE HOA PRESIDENT'S LETTER, IF YOU CAN, I MEAN THERE'S MANY, MANY HOUSES IN OUR NEIGHBORHOOD THAT ARE WITHIN THE VARIANCE. AND [01:35:01] AS I STATED, I DID RELY ON THE DEEDED FROM 1980, WHICH DOESN'T HAVE THE SETBACK LINES. IT WAS NOT AN INTENTIONAL RIGHT. ABUSE COMM. COMMISSIONER ZUNI. YEAH. SO THAT GOES ALONG MY LINE OF QUESTIONING IS HOW WAS THIS CASE ORIGINATED? WHAT, WHAT ORIGINATED THIS CASE? CODE ENFORCEMENT. SO THEY WERE JUST DRIVING BY OR SOMEBODY CALLED IN OR, YEAH, THERE WAS A FEW CODE ENFORCEMENT CASES OPEN REGARDING THIS. OKAY, THANK YOU. OKAY, ANY OTHER QUESTIONS? CAN YOU BRING THAT LETTER BACK UP? I'M SORRY, STEVEN, YOU PLEASE USE YOUR MICROPHONES. YOU JUST, OKAY, GREAT. UH, IS THERE ANY OTHER QUESTIONS? HEARING NONE? UH, SO WHAT, IS THERE ANY, ANYONE SIGN TO SPEAK? ANY VOICEMAILS? NO PUBLIC COMMENT. ALRIGHT, SO, UM, WITH THAT, UH, IT LOOKS LIKE, UH, JUST WHOEVER WE'RE GONNA ENTERTAIN A MOTION FOR THIS, WHOEVER ENDS UP MAKING IT, UM, IT LOOKS LIKE THE 10 INCHES A GOOD IS A GOOD NUMBER. UH, AND THE SHED IS, UH, EIGHT AND A HALF BY 12 FEET LONG SITUATED IN THE REAR YARD. SO READ THE MOTION AS, AS STATED, RIGHT. IF THE 10 INCHES, BUT I WOULD, I WOULD LIMIT IT TO A, TO A A 12 FOOT LONG SHED. OKAY. YEAH. TO THE 12. TO THE EXISTING SITE PLAN CONDITION. TO TO YES. TO TO THE, YEAH. TO, TO ALLOW EIGHT AND A HALF BY 12 FOOT SHADE ZUNA COMMISSIONER ZUNA, REGARDING CASE NUMBER BO EIGHT DASH 23 DASH 0 3 0 0 3 4. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR A FOUR FOOT TWO INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ACCESSORY STRUCTURE TO BE 10 INCHES FROM THE SIDE SETBACK, SITUATED AT 13 6 3 4 PEBBLE OAK DRIVE. THE LIMITS OF THE SIDE SETBACK WOULD BE THAT THE 12 FEET, UH, LOCATION OF THE EXISTING STORAGE AND NO OTHER, UM, CREEP OF THE, OF THAT DISTANCE EITHER FORWARD OR BACKWARDS. THE APPLICANT BEING HELEN. UH, SKELDON BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE APPLICANT IS REQUESTING A FOUR FOOT, TWO INCH VARIANCE FROM THE MINIMUM SITE SETBACK. THE REQUIRED MINIMUM SITE SETBACK IS FIVE FEET. THE VARIANCE DOES NOT APPEAR TO IMPOSE ON THE PUBLIC INTEREST OF THE ADJACENT NEIGHBORS AS SPACING BETWEEN STRUCTURES WILL REMAIN ADEQUATE AND WATER RUNOFF SHOULD NOT POSE AN ISSUE. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE SPECIAL CONDITIONS FOUND IS LIMITED TO, UH, IS LIMITED LOTS BASED IN THE BACKYARD OF THE PROPERTY. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD, WOULD RESULT IN UNNECESSARY HARDSHIP AS ABIDING BY THE SIDE STEP, ACT OF SUBSTANTIAL, LIMIT THE SIZE OF THE ACCESSORY STRUCTURE. THREE. BY GRANTING THE VARIANCE, THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE STRUCTURE WILL BE OBSERVING THE SPIRIT OF THE ORDINANCE AS IT WILL BE ABIDING BY ALL OTHER SETBACK REQUIREMENTS AS WELL AS NOT IMPOSING ON THE PUBLIC INTENT INTEREST OF THE ADJACENT NEIGHBORS. FOUR. THE VARIANCES NOT, 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, THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SIX VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THE PROPERTY IS LOCATED. THE GRANTING OF THE VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT, UH, CONFORMING PROPERTIES OR ALTER, ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF HAS FOUND THAT THE OTHER PROPERTIES IN THE AREA HAVE ACCESSORY STRUCTURES CLOSE TO OR WITHIN THE SIDE OR REAR SETBACKS. THE REQUEST IS NOT OUTTA CHARACTER GIVEN THOSE OBSERVATIONS. SIX. THE PLIGHT TO THE OWNER OF THE PROPERTY FOR ITS VARIANCES SAW IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL OR NOT DUE TO THE RESULT OF THE GENERAL CONDITION OF THE DISTRICT OF THE PROPERTY IS LOCATED. STAFF FINDS PLIGHT TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE IS SOUGHT, IS DUE TO THE UNIQUE CIRCUMSTANCES OF THE LIMITED BUILDING SPACE IN THE BACK OF THE LOT. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL AND OF MOTION. SECOND. SECOND BY COMMISSIONER MANOCK. COMMISSIONER UNA. RIGHT. I'M GONNA SUPPORT, UH, THE MOTION AS READ. UM, YOU KNOW, CLEARLY HE, THE HARDSHIP HERE WAS THAT, UH, YOU KNOW, HE, UH, DIDN'T THINK HE HAD THE SIDE SETBACKS WHEN HE MOVED FORWARD. THE, UH, BUILDING THE, THE SHED, UH, THE NEIGHBOR'S MOST AFFECTED, SUPPORTED. HE HAS LETTERS OF SUPPORT FROM THE NEIGHBORHOOD ASSOCIATION. UH, AND SO, UH, WE'RE LIMITING THE LOCATION OF THE SHED TO THAT 12 FOOT, UM, SPECIFIC SIDE THAT WHERE THE SHED IS. SO FOR ALL THOSE REASONS, I'M SUPPORTING THE MOTION COMMISSIONER MANNA. UM, I CONCUR WITH MY COLLEAGUE IN ADDITION, YOU KNOW, AND I AGREE WITH THE PRESIDENT'S LETTER. UM, AS I LOOK AROUND THE COMMUNITY, I DO SEE EVER SEVERAL OTHERS THAT ARE, UM, ABUTTING, UM, THE PROPERTY LINES AS WELL. SO THIS LOOKS LIKE A CONSISTENT, UH, COMPONENT OF THE NEIGHBORHOOD AND THE SPECIFIC FOR AN NECESSARY STRUCTURE. SO I'D BE OKAY WITH THAT. ANY OTHER COMMISSIONERS LIKE TO ADD? UH, I JUST WANT TO ADD THAT, UH, I'M IN SUPPORT, UH, BECAUSE THE MOTION WAS LIMITED TO THE EIGHT AND A HALF BY 12 FOOT, UH, SHED AND NOTHING ELSE. SO, UH, WITH THAT I'S, HAVE A [01:40:01] ROLL CALL VOTE PLEASE. COMMISSIONER O ZUNA. I CONCUR. COMMISSIONER MANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARTON. I CONCUR. COMMISSIONER KAPLAN? I DO NOT CONCUR. COMMISSIONER BANES? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ. I CONCUR. COMMISSIONER ZUNIGA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES. I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 10 TO ONE. UH, NEXT ITEM IS ITEM NINE. IF YOU HAVE ANY QUESTIONS, SIR, YOU CAN GET WITH STAFF, BUT THANK YOU. YOU'RE WELCOME. ITEM NINE IS BO OA DASH 23 DASH 0 3 0 3 15. ADDRESS IS 5 5 0 1 DASHING CREEK COUNCIL DISTRICT 10. APPLICANT IS MANANO FENCING AND ROOFING. THE REQUEST IS FOR A ONE FOOT NINE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SETBACK TO ALLOW A THREE FOOT, THREE INCH SIDE SETBACKS ON THE PROPERTY. THE ZONING IS RESIDENTIAL SINGLE FAMILY DISTRICT. THE SUBJECT PROPERTY IS LOCATED ON THE CORNER OF DASHING CREEK AND BITTER CREEK IN A NEIGHBORHOOD SOUTHWEST OF JUDSON ROAD. THE FUTURE DEVELOPMENT DOES NOT MEET THE SIDE SETBACK REQUIREMENTS BETWEEN THE TWO PROPOSED RESIDENTIAL DWELLINGS ON THE EASTERN SIDE OF ONE STRUCTURE AND THE WESTERN SIDE OF ONE STRUCTURE. THE SETBACK VARIANCE WOULD ALLOW THE TWO SEPARATE STRUCTURES TO EACH HAVE A THREE FOOT, THREE INCH SIDE SETBACK WITH A TOTAL OF SIX, WITH A TOTAL OF SIX FOOT SIX INCH BETWEEN THE TWO STRUCTURES UPON SITE VISITS. STAFF OBSERVED SINGLE FAMILY RESIDENCES IN THE SURROUNDING NEIGHBORHOOD. THE APPLICANT IS PROPOSING SPLITTING THE LOTS INTO TWO R FOUR PROPERTIES THROUGHOUT THE PLATTING PROCESS. AND THIS IS THE SITE PLAN AND THIS IS THE SUBJECT PROPERTY AND THE SURROUNDING AREA. STAFF RECOMMENDATION FOR THE SIDE SETBACK VARIANCE STAFF RECOMMENDS APPROVAL IN BO OA DASH TWO THREE DASH 0 3 3 5 BASED ON THE FOLLOWING FINDINGS OF FACT ONE THE LOT SIZE LEAVES MINIMAL OPTIONS FOR ARRANGING, REARRANGING THE PROPOSED DEVELOPMENT OF TWO SEPARATE RESIDENTIAL DWELLING UNITS. AND TWO, THE PROPOSED DEVELOPMENT WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. WE MAILED OUT 31 NOTICES. ZERO IN FAVOR. THERE WERE 36 NOTICES IN OPPOSITION. 14. WERE WITHIN 200 FEET OF THE SUBJECT PROPERTY. 22 WERE OUTSIDE 200 FEET OF THE SUBJECT PROPERTY. HIGH COUNTRY HOMEOWNERS ASSOCIATION DID NOT RESPOND. AND HERE'S SOME OF THE PUBLIC RESPONSES. THERE'S GONNA BE A LOT. I ASSUME THERE'S VOICEMAILS AND PUBLIC COPS. THERE'S A COUPLE VOICEMAILS. UM, YEAH, NOW WE HAVE A COUPLE OF PUBLIC COMMENTS. ALRIGHT, WELL THANK YOU VERY MUCH. UH, LET'S SEE IF, YEAH. UH, MANNA. YES. COMMISSIONER MANNA QUESTION FOR STAFF. SO WITH REGARDS TO, UM, THE PROPERTY, SO THE DIALOGUE HERE IS, IS ABOUT DIVIDING IT. AND SO I'M ASSUMING THAT BY DIVIDING IT, IT'LL STILL COMPLY WITH THE, UM, WITH THE CURRENT, WITH THE, UH, ZONING. UM, AND, AND WILL BE ABOVE THE ZONING REQUIREMENT, CORRECT? CORRECT. YES SIR. THE, IT'S APPROXIMATELY 9,095 SQUARE FEET. SO RAKING IT IN HALF, THEY ONLY NEED 8,000, 4,000 FOR EACH LOT. AND IF I LOOK AT THE, UM, FROM GOOGLE, THE, THE, THE ROADWAY ITSELF, IT LOOKS LIKE HALF OF THE FRONT OF ONE OF THE PROPERTIES IS A BRIDGE FOR A DRAINAGE DITCH. UM, I GUESS OR PART OF IT. SO, SO DOES THAT COME INTO PLAY AT ALL WITH REGARDS TO CONSTRUCTION OR THE APPLICANT IS AWARE THEY HAVE A EASEMENT ON THE, UH, EASTERN NO, IT WOULD BE WESTERN. I THINK. WESTERN. WESTERN, SORRY. YEAH. UM, THEY'RE, THEY'RE AWARE THAT THEY CAN BUILD ON THERE AND DOES, DOES, AND KEEPING WITH THIS LAND OF QUESTIONS IS, UH, YOU KNOW, YOU, YOU'RE SUPPOSED TO HAVE AT LEAST I THINK 15 FEET OF FRONTAGE WITH A 40 FOOT, UH, WIDTH, UH, ON, ON AN R FOUR. THIS COULD BE CONSIDERED A, UH, YOU KNOW, NOT A STANDARD LOT, BUT, UM, IS, THAT'S NOT OF ISSUE EITHER. THEY HAVE OVER 30 FEET OF FRONTAGE. UH, THE, THEY HAVE THE MINIMUM FRONTAGE AND ONCE YOU PULL BACK A LITTLE BIT, THEY WILL HAVE THE WIDTH. [01:45:01] OKAY. WELL I, UH, WHY DON'T WE HAVE THE APPLICANT COME FORWARD AND AND WE CAN HEAR FROM THEM. HELLO. ALRIGHT, PLEASE TELL US, UH, STATE YOUR NAME AND TELL US ABOUT YOUR NAME. MY NAME'S MATTHEW GOFF. THIS IS TOBIAS MANNO. HI, UM, BUSINESS PARTNERS. UM, I ACTUALLY HAVE, I SENT ANOTHER SITE PLAN THAT ACTUALLY SHOWS THAT WE HAVE ACTUALLY MORE, WE HAVE 45 FEET FROM SIDE TO SIDE. FROM WHERE? THE, WHERE THE BRIDGE. OKAY. THE DRAINAGE BRIDGE. DRAINAGE BRIDGE STARTS. THAT COMES OUT ABOUT FIVE FEET INTO THE LOT. RIGHT. SO I, I CAN, I DON'T KNOW IF SHE HAS THAT AND WE KIND OF HIGHLIGHTED THE PORTION THAT YOU'RE REQUESTING. OKAY. WHICH IS THE METAL PART. 'CAUSE WE'RE NOT HERE TO DISCUSS THE EASEMENT. RIGHT. OKAY. YEAH, YOU HAVE AN ELEVATED SIDEWALK. RIGHT, RIGHT. SO, UM, I MEAN IT'S PRETTY SIMPLE. WE'RE, WE'RE, WE PLAN ON, UH, REPLANTING THE LOT INTO TWO DIFFERENT LOTS AND BUILDING, UH, TWO SINGLE FAMILY RESIDENTIAL HOMES ON THERE. UH, WE, WE WE, I TECHNICALLY HAVE ANOTHER ALTERNATE PLAN WHERE WE DON'T NEED THE SETBACKS. WE REALLY DON'T. WE WERE REALLY ASKING FOR THE SETBACKS, JUST IN CASE WE MIGHT HAVE, CAN YOU SPEAK INTO THE MICROPHONE PLEASE? WE, WE WERE ASKING FOR THE SETBACKS JUST IN CASE WHEN WE WENT, WHEN WE GOT IT REPLANTED, WE HAD TO MAYBE MANURE IT BECAUSE OF, UM, BECAUSE OF WHERE THAT DRAINAGE DITCH IS AND, AND THEN REDOING THE APPROACH FOR TWO. AND THAT'S REALLY WHY WE WERE ASKING FOR IT. SO, UM, IF YOU HAVE ANY OTHER QUESTIONS? WELL, LET'S SEE. IS THERE ANY, UH, QUESTIONS FROM THE COMMISSION? DEAN GERMANA OR COMMISSIONER DEAN? SO, SO YOU'RE PLANNING TO DO TWO UNITS? UH, WHY NOT JUST ONE? WELL, THAT'S A GOOD QUESTION. WE CAN DO JUST ONE, BUT THE LAW IS REALLY BIG. SO WE DO, IF WE DO JUST ONE, WE HAVE THIS SMALLER HOUSE ON THIS HUGE LOT. SO WE WERE THINKING IT'D PROVIDE MORE VALUE INTO THE NEIGHBORHOOD WE WERE ABLE TO OFFER ON THIS HUGE LOT. 'CAUSE I THINK IT'S THE BIGGEST LOT IN THE, THE NEIGHBORHOOD, UM, BEING ABLE TO PROVIDE THIS TYPE OF MODELED HOME ON, ON BOTH SIDES AND, AND INTO THE NEIGHBORHOODS. THAT, THAT'S, THAT'S REALLY WHY WE WANT TO DO IT. 'CAUSE IT'S A BIG LOT. WE DON'T WANT TO BUILD SOMETHING THAT'S GONNA LOOK SMALLER ON THIS BIG LOT BECAUSE THE WHOLE NEIGHBORHOOD'S, GARDEN HOMES. SO THEY'RE SO YOU'RE, THEY'RE ALREADY VERY LIKE, CLOSE TOGETHER. EVEN SOME OF 'EM ARE EVEN UM, ZERO LOT LINED, SORRY, RAGMAN RIGHT HERE. YES, SURE. UH, CAN WE, SO THAT'S WHAT KIND OF WHY WE WERE, WE'RE THINKING LIKE, WELL IT'S A BIGGER LOT AND WE CAN, IF WE CAN FIT TWO MORE, IT, IT STAYS CONSISTENT WITH THE, WITH THE WAY THE GARDEN HOMES ARE IN THE NEIGHBORHOOD. OKAY. SO COMMISSIONER BRAGMAN AND THEN ZUNIGA. UM, SO MY QUESTION IS, HAVE YOU HAD ANY DIALOGUE WITH ANY OF THE NEIGHBORS? I MEAN THAT'S, THAT'S AN AWFUL LOT OF RED ON THIS MAP THAT WE DON'T TYPICALLY SEE. SO NO, WE TRY TO, I TRY TO REACH OUT TO THE HOMELESS ASSOCIATION. THEY DIDN'T ANSWER AS WELL. I TRIED TWICE. I LET TWO VOICEMAILS CAN'T GET AHOLD OF ANYONE. UM, WE DEFINITELY ARE NOT TRYING TO UPSET ANYONE, YOU KNOW? UM, I, I DON'T SEE AN ISSUE WITH BUILDING TWO HOUSES THAT ARE GONNA BE CONSISTENT WITH THE NEIGHBORHOOD. I THINK, I THINK THAT, THAT, IT SOUNDS TO ME LIKE THERE MAY BE SOME NEIGHBORS OR, OR THE ISSUE MIGHT BE FOR THE NEIGHBORS THAT WERE SOMEHOW THE TWO HOUSES IS GONNA DESTROY THE NEIGHBORHOOD. RIGHT. ADDING THE TWO HOUSES. 'CAUSE THAT'S WHAT IT KIND OF SEEMS LIKE MIGHT BE GOING ON BECAUSE I, I REALLY CAN'T SEE WHAT ANY OTHER, WHY WE WOULD NEED, WHY 36 PEOPLE WOULD OPPOSE WHEN THE HOW MUCH? 14. IT WAS 36. RIGHT? HOW MANY PEOPLE OPPOSED? 14? THREE. SIX. QUITE A NUMBER. IT'S QUITE A NUMBER. , I KNOW AROUND, SO I'M NOT SURE. I'M NOT SURE THE, THE, UM, THIS ONE RIGHT HERE. NEXT FOOT ON THE LEFT R WHERE IT SAYS ONE R. YEAH, THAT DRAINAGE DITCH SEPARATES US AND THE NEIGHBORS. SO I'M NOT SURE WHY, WHY THEY WOULD BE OPPOSED TO ANYTHING. UM, I, I DO, WE DID TALK TO THE NEIGHBOR NEXT DOOR TO US A COUPLE TIMES AND LET THEM KNOW THAT WE ARE SO BE MOVING FORWARD WITH THIS. I ALSO NOTICED THAT ON YOUR, ON YOUR EAST SIDE, UH, YOU HAVE A 10 FOOT PLATTED SANITARY SEWER EASEMENT. MM-HMM. YOUR PLAN SEEMS TO SHOW YOUR HOME BEING SLIGHTLY, THE CORNER OF THE HOUSE BEING CLOSER THAN 10 FEET. NO, IT'S ACTUALLY MORE, IT IS MORE THAN 10 FEET. YES. ACTUALLY HAVE 15 FEET. AND THE ONLY PART THAT ACTUALLY WOULD GO IN TO THE SETBACK, SORRY, WOULD BE THE FRONT CORNER OF THE LEFT SIDE, THE PLAQUE HOUSE. THAT'S IT. MANNA COMMISSIONER, MANNA. SO YEAH, SO, SO THROWING OUT SOME NUMBERS HERE. SO I'M TRYING TO KEEP UP WITH THE CONVERSATION. SO, SO TWO THINGS. ONE, CAN WE BRING UP THE OVERHEAD MAP, UH, OR I'M SORRY, THE GOOGLE, UH, FROM THE FRONT SO WE CAN SEE THE, UH, DRAINAGE COMPONENT. AND THEN, UM, IF YOU HAVE A POINTER HERE, I WOULD WANT TO KIND OF POINT OUT THE MAP HERE. SO I'M GOING THROUGH TWO MAPS FIRST. OKAY, MR. ZARY. SO YOU'RE BRINGING IT UP? YES, YES. OKAY. THAT SHOW [01:50:02] THEY'RE PULLING IT UP. AND THE SECOND QUESTION THAT I HAD WAS, YES, SIR. UM, AND, AND MAYBE WE CAN SHOW IT ON THE, ON THE MAP THAT THE OVERHEAD MAP THAT WE HAD THE PLAT. UM, SO, SO THE, UM, YOU MENTIONED THAT YOU POSSIBLY COULD DO THIS, UM, BY MOVING THE PRO, MOVING THE PROPERTY, MOVING THE HOUSES ON THE PROPERTY ITSELF, UH, AND CHANGING THE SIZE OF THE HOUSES OR, SO THAT'S, I MAYBE DIDN'T UNDERSTAND WHAT, WHAT YOUR COMMENT WAS WITH REGARDS TO, YOU KNOW, UM, THAT COMPONENT. AND SO CAN THIS BE DONE, YOU KNOW, ON THE LOT BY CHANGING, MOVING THE PROPERTY, MOVING THE EXISTING OR YOUR PROPOSED HOMES ON THIS PROPERTY? YES. SO, UM, IF YOU PULL UP, I JUST, I JUST, UM, YES, THERE WE GO. SO THIS ACTUALLY, I DUNNO IF YOU CAN, CAN'T REALLY SEE THAT. UM, BUT I SUBMITTED THIS ONE ACTUALLY, AND YOU CAN SEE THAT WE HAVE ACTUALLY 15 FEET ON EACH SIDE. SO WE'RE NOT COMING FAR. WE'RE, WE'RE, WE MEET EVERY SETBACK ALL AROUND THE HOUSE EXCEPT THE TWO CORNERS OF EACH OF EACH SIDE. SO WE'RE NOT REALLY, CAN, CAN I, CAN I RESTRUCTURE THAT PORTION OF THE HOUSE? YEAH, OF COURSE. THAT'S NOT A PROBLEM AT ALL. BUT WE'RE NOT REALLY, WE'RE WE, WE MEET ALL THE SETBACKS EXCEPT FOR THOSE TWO CORNERS. THAT'S REALLY IT. THE OTHER, THE OTHER, THE OTHER THING WE WERE ASKING FOR WAS WHERE THEY, WHERE WE, WHERE WE'RE GONNA DIVIDE THE LOT WE, WE UNDERSTAND THERE HAS TO BE 10 FEET BETWEEN EACH, EACH UM, HOUSE IN THE MIDDLE HERE. WE WERE REALLY WANTING TO BRING THEM CLOSER TOGETHER UP TO LIKE SEVEN, SIX FEET REALLY, UM, TO KIND OF BRING IT BACK OFF THAT SETBACK AND THEN FIRE BLOCK BOTH SIDES BECAUSE IT'D BE, UM, CLOSER TOGETHER. SO WE'D FIRE BLOCK, UM, EACH SIDE OF THE HOUSE THERE, BRING IT BACK IN ABOUT TWO OR THREE FEET. SO INSTEAD OF 10, UM, IN THE CENTER, THE SET, THE 10, THE 10 FOOT SETBACK IN THE CENTER, FIVE AND FIVE EACH, IT'D BE A LITTLE LESS. AND THAT WOULD BRING US BACK IN ON THE CORNERS. YOU HAVE A SURVEY COMMISSIONER ZUNIGA? YES SIR. I CAN EMAIL IT TO YOU RIGHT NOW. I HAVE IT ALL READY TO. SO I DID HAVE THE, THE SECOND QUESTION, SIR, WITH REGARDS TO THE PICTURE. MM-HMM, . AND SO, SO IF I LOOK AT, IF YOU BRING UP THE GOOGLE PICTURE, PLEASE, YOU WANT ME EMAIL YOU THAT? OH, PUT IT ON THE STREET. SO DROP IT ONTO STREET LEVEL. OKAY, THERE WE GO. OKAY, SO, SO I SEE, OH NO, ZOOM BACK OUT. THERE YOU GO. OKAY, SO, SO THERE I SEE, YOU KNOW, ONE DRIVEWAY ALREADY THERE AND THEN I SEE THE DRAINAGE DITCH AND SO, UH, WITH THAT CULVERT AND SO, SO YOU'RE GOING, SO ARE YOU GONNA BE TAKEN OUT THE DRAINAGE DITCH TO PUT IN THE OTHER DRIVEWAY OR YO, I GUESS HOW'S THAT GONNA LOOK WITH REGARDS TO THE DRIVEWAY? SO ORIGINALLY WHILE WE APPLIED FOR THIS, BOA WAS TO COMBINE THE APPROACH, RIGHT? TO HAVE A, A COMBINED APPROACH SO THAT BOTH, SO THAT, UM, BOTH HOUSES HAVE ENTRY, RIGHT? WE HAVE ENOUGH ROOM TO SEPARATE, THERE'S ENOUGH, THERE'S MORE THAN ENOUGH ROOM TO HAVE SEPARATE, UM, DRIVEWAYS, RIGHT? WE, WE CAN'T, FROM WHAT I UNDERSTAND, WE CANNOT TOUCH AT ALL THIS, THIS PART OF THE DRAINAGE DITCH RIGHT AT ALL. THE HOUSE ON THE LEFT RIGHT HERE, THAT'S ON OUR LOT LINE ACTUALLY. SO WE PROPOSE THAT WHAT, WHAT WE ARE PROPOSING TO DO IS TO OPEN UP THE DRIVEWAY ALL THE WAY TO CLOSER TO WHERE THE LOT LINE WOULD BE HERE. THAT'S WHERE THE SIDEWALK WOULD START COMING DOWN FOR THE NEXT APPROACH. SO THERE IS ROOM FROM, FROM THE LEFT SIDE HERE WHERE THE DRAINAGE DITCH STARTS ALL THE WAY TO THE ZERO LOT LINE, WHICH IS THE NEIGHBOR HERE, RIGHT? THAT'S 45. A LITTLE MORE THAN 45 FEET. OKAY. SO, SO THIS COMES IN ABOUT FIVE OR SIX FEET. SO, SO IF, IF, SO THAT MAILBOX THAT'S CURRENTLY THERE IS IS BASICALLY ON YOUR PROPERTY, SO THAT'LL HAVE TO BE MOVED CORRECT. BECAUSE IT IS ZERO LOT LINE. SO THE LINE OF THAT HOUSE, IT COMES RIGHT TO THAT POINT THERE OF THEIR, OF THEIR DRIVEWAY. CORRECT. AND SO, SO YOU'RE CONSIDERING PUTTING IN YOUR DRIVEWAY APRON STARTING AT THAT POINT AND PUTTING TWO APRONS IN THERE, I GUESS BETWEEN THE, BETWEEN THAT SPACE THERE, CORRECT. AND THE BRIDGE. THAT'S CORRECT. OKAY. UM, I WANTED TO ADD THAT THE DRAIN IS ACTUALLY A, THERE'S A 13 FOOT DRAIN RIGHT OF WAY THAT, THAT THAT'S, THAT'S NOT REALLY PART OF THE NEIGHBORING LAND OR YOUR LAND THAT'S YES. RIGHT. PART OF THE CITY. WELL, AND SO THERE'S A 13 FOOT DRAIN RIGHT OF WAY, THEN THERE'S A 10 FOOT SANITARY SEWER EASEMENT. THE SANITARY SEWER EASEMENT IS ON THEIR PROPERTY. SO IF YOU'RE LOOKING AT THAT GOOGLE STREET VIEW WHERE YOU HAVE THAT SIDE OF THE CONCRETE OF THE RETAINING WALL, YOU GO OVER ABOUT A FOOT, THAT'S THEIR PROPERTY LINE. AND THEN 10 FEET OVER FROM THAT IS THE EDGE OF THE SEWER REASON I HAVE IT RIGHT HERE. RIGHT. OKAY. SO THERE YOU GO. AND THEN I HAVE 10 AND THEN I HAVE 10 FEET. WOULD YOU LIKE ME TO, YEAH, I WAS JUST TRYING TO UNDERSTAND HOW THEY PUT TWO DRIVEWAYS THERE AND SO, SO YOU CAN, SO THERE ZERO LOT LINE. EXPLAINED IT QUITE WELL. I DID SEND THIS TO OKAY, YOU'RE GONNA NEED TO, UM, I KNOW YOU PROJECTED THIS, BUT I [01:55:01] WOULD APPRECIATE IT IF YOU GAVE EVERYBODY AN OPPORTUNITY JUST TO LOOK AT IT. SO PLEASE START OVER HERE AND ANYONE WHO WANTS TO, YOU CAN PUT IT ON THE, ON THE SCREEN PLEASE OR THEY CAN YEAH, THAT'S, THAT'D BE FINE. MM-HMM? . YEAH, YOU CAN EMAIL IT AS WELL. DEAN, COMMISSIONER, DEAN. SO ON A R FOUR ZONING IS HE, HE CAN PUT TWO UNITS OR YEAH, SEPARATE. SO R FOUR R FOUR REQUIRES A 4,000 SQUARE FOOT MINIMUM AND LOT SIZE A 40 FOOT LOT WIDTH. UH, AND THEN, UH, ON THESE CUL-DE-SAC TYPE LOTS, AS LONG AS YOU HAVE 15 FEET OF FRONTAGE. SO IN THEORY HE HAS 45 FEET OF FRONTAGE. SO IN THEORY HE COULD DO IT. YOU STILL HAVE TO HAVE A 10 FOOT WIDE DRIVEWAY FOR EACH LOT. I MEAN, IT'S POSSIBLE FOR HIM TO DO IT. IT'S A LITTLE AWKWARD, BUT I, I THINK WHEN YOU SEE IT, IT, IT MAKES MORE SENSE WITH THE MEASUREMENTS ON THERE. YOU'LL SEE THE EASEMENTS, YOU'LL SEE THE, WHERE THE SETBACKS ARE. IT'S ALL ON THERE. SO LET ME SEND IT REAL QUICK. WHY DOES HE NEED US EXACTLY. WHY DO YOU NEED US IF YOU CAN SEE THIS? WELL, SO HERES, HERE'S WHY WE'RE HERE ORIGINALLY. YEAH. THIS IS, WE REALLY DON'T, RIGHT, THIS IS, WE'RE DOING THIS PRELIMINARY PRELIMINARILY BEFORE WE WENT INTO RE PLATTING. 'CAUSE WE WERE TOLD BY OUR ENGINEER THAT THERE'S GONNA BE AN ISSUE WITH THE SHARED APPROACH. SO ORIGINALLY WE WANTED TO GET PERMISSION TO SHARE, TO HAVE BOTH ONCE, ONCE WE REPL IT RIGHT? TO HAVE NOT TWO APPROACHES, BUT A COMBINED APPROACH, BUT DIFFERENT DRIVEWAYS, RIGHT. THAT WAY IT WOULD LOOK A LITTLE BETTER, A LITTLE MORE APPEALING. IT'S NOT LIKE TWO SMALLER APPROACHES BECAUSE OF THE TRAINING JUST BEING THERE. THEN WE WERE TOLD, WE WERE TOLD WE COULDN'T DO THAT. SO WE APPLIED FOR THE BOA AND THEN IT TURNS OUT THE TRAFFIC, ONCE THEY SAW, WELL, 'CAUSE WE CAME IN SEVERAL TIMES. ONCE THEY SAW, UM, WHAT I'M ABOUT TO SEND THAT YOU'RE GONNA SEE, THEY SAID ALL OF A SUDDEN THAT'S NOT AN ISSUE BECAUSE YOU'RE, WE'RE LIKE, BECAUSE YOU'RE PLATTING IT, YOU CAN, YOU CAN ASSESS EASEMENTS FOR INGRESS EGRESS. YOU CAN WORK WITHIN AN A VER THROUGH THEM. THERE'S THINGS YOU CAN DO DURING THAT PROCESS. THAT'S NOT REALLY WHAT WE'RE LOOKING AT. RIGHT. UM, ONE THING I WOULD ASK IS WHAT SORT OF, YOU KNOW, YOU'RE, WE DON'T LIKE, WE TYPICALLY DON'T LIKE TO GRANT CARTE BLANCHE VARIANCES ACROSS AN ENTIRE PROPERTY. RIGHT. SO IF YOU ONLY NEED A FEW FEET OF THE HARD CORNER, THAT'S, WOULD REALLY LIKE TO KNOW WHAT THOSE DIMENSIONS ARE. OKAY. I'M SEND THIS TO YOU RIGHT NOW. OKAY. LIKE, FOR EXAMPLE, UH, WHOEVER MAKES A MOTION COULD SAY WOULD, UH, A THREE FOOT, UH, UH, SETBACK FOR THE FIRST 20 FEET OR THE, FOR THE FIRST 10 FEET OR SOMETHING. SEE, WE MEET EVERY SETBACK, RIGHT? WE, WE, ONCE I, LET ME GET THIS OVER TO YOU SO WE CAN PULL IT UP THAT WAY. YOU UNDERSTAND? 'CAUSE IF YOU LOOK AT IT, WHEN I SEND THIS RIGHT NOW, LEMME SEE IT RIGHT NOW. UM, YOU'LL SEE WE MEET, ACTUALLY, WE ACTUALLY MEET THE SETBACKS. WE, THERE'S REALLY NOT CORRECT BUT JUDGE OF AN ISSUE, BUT THE BOARD WANTS TO LIMIT THE DISTANCE THAT OF THE AMOUNT OF THE VARIANCE THAT YOU NEED. OKAY. SO EVEN THOUGH YOU CAN MEET IT TOWARDS THE REAR OF THOSE CORNERS, RIGHT? THEY NEED TO KNOW A MEASUREMENT FROM THAT CORNER, UH, TO HOWEVER MUCH IT PROTOS. OH, I SEE. YEAH, I GOT YOU. OKAY. YEAH, BECAUSE THE DIAGRAM LOOKS LIKE IT'S ABOUT FIVE FOOT ON EACH SIDE OF INTRUSION. AND, AND CERTAINLY I, I THINK I'D BE MUCH MORE COMFORTABLE TALKING ABOUT THAT FIVE FOOT THAN YEAH, I WOULD TOO THAN, YOU KNOW, THE WHOLE STRIP. AND THEN I'M SURE WE'RE GONNA HEAR LOTS OF DIALOGUE FROM THE COMMUNITY, I'M SURE. OKAY. SO, UM, DID YOU GET IT? SO WE'RE TALKING ABOUT THE INTERIOR, UM, SIDE SETBACK, RIGHT, SIR? UM, IN BETWEEN BOTH HOUSES, RIGHT? YES. WE'RE NOT TALKING ABOUT THE OUTER ONES. CORRECT. SO WE ARE ONLY, THE VARIANCE IS ONLY TALKING ABOUT IT'S TOWARDS, IT'S ONLY TOWARDS IN THE MIDDLE, BETWEEN IN THE MIDDLE, NOT ON THE SIDE. RIGHT. SO INSTEAD OF HAVING THE 10 FEET, UH, THAT WE WOULD NORMALLY A FIVE AND FIVE ON EACH SIDE OF WHEN WE, WHEN WE REPLANT IT, WE'RE ASKING FOR, UH, 10, 9, 7, A THREE FOOT, THREE INCH ON EACH SIDE. THREE FOOT, THREE INCH ON EACH SIDE. YOU'RE ASKING FOR A THREE FOOT, THREE INCH VARIANCE ON EACH SIDE OF, OF, OF, A LOT SPLIT FOR THE FIRST HOW MANY FEET? ENTIRE WIDTH? WELL, THE WIDTH. SO IN THE MIDDLE, A TOTAL, A TOTAL TOTAL OF THREE THE WHOLE WAY DOWN. RIGHT. IT'S A TOTAL THREE. IT'S A TOTAL OF THREE. OH, SEE, THAT'S SEVEN FEET OR SOMETHING? YEAH. SO SEVEN FEET IN BETWEEN INSTEAD OF THE TOTAL OF 10 MANNA, GIMME. SURE. SO, BUT BY STATING THAT, THEN THE, ONE OF THE PICTURES I SAW SHOWED THAT BOTH CORNERS WERE CLIPPING THE EASEMENTS ON THE SIDES ON THE FRONT SIDE. AND SO I'M CONFUSED THERE. YEAH. SO WE'RE NOT TALKING ABOUT THOSE CORNERS, SIR. UM, THEY HAVE BEEN NOTIFIED THAT THOSE ARE EASEMENTS. SO IF THEY CANNOT GET AROUND WORKING WITH THE EASEMENT, THEY CANNOT BUILD THERE. WE ARE ONLY TALKING ABOUT THE INTERIOR INSIDE. CORRECT. THANK YOU. OKAY. ALRIGHT. SO WITH THAT, DID YOU HEAR THAT BECOMES YES. CAN JUST, ARE YOU USING FIRE RATED WALLS BETWEEN YES. YES. OKAY. MM-HMM, . OKAY. SO LET'S, LET'S GO THROUGH SOME OF THESE VOICEMAILS. OKAY. AND THEN TWO VOICEMAILS AND [02:00:01] TWO SPEAKERS. SO, ALL RIGHT, WE'LL START WITH THE VOICEMAILS. HI, THIS IS DEREK COPENHAVER AT ONE SIX THREE SIX TWO BITTER CREEK. UH, MY PHONE NUMBER IS (210) 393-0859. I'M JUST CALLING ABOUT THE CASE NUMBER ENDING IN 3 1 5. UH, JUST SAYING THAT I DON'T NECESSARILY APPROVE OF A MULTI-FAMILY UNIT BEING BUILT ON THE CORNER. UH, I KNOW THAT'S GONNA AFFECT PARKING RIGHT AROUND MY HOUSE AND SEWAGE AND THINGS LIKE THAT. I'M NOT REALLY GONNA LIKE THE AESTHETIC OF THAT. AND, UH, FOR ME, THAT'S ONE OF THE BIGGEST THINGS IS JUST HOW IT'S GONNA AFFECT PARKING AROUND ME. UM, I ALREADY HAVE KIND OF CROWDING IN MY AREA AND DON'T WANT TO HAVE MULTIFAMILY UNIT WITH MULTIPLE HOUSES, UH, JUST KIND OF AFFECTING THE VALUE OF MY HOUSE. THANKS FOR HEARING MY MESSAGE. AND TAKE CARE. BYE. HELLO, MY NAME IS JENNIFER OAKS. I LIVE AT 54 19 VISTA RUN DRIVE. I'M CALLING REGARDING THE, UH, CASE NUMBER WITH THE LAST THREE DIGITS, 3 1 5. REGARDING THE PROPERTY AT 59, EXCUSE ME, 55 0 1 ING CREEK STREET. UM, I DISAGREE WITH ANY VARIANCE TO THE BUILDING OF ANOTHER OF THE HOUSES ON THIS PROPERTY. THE, UH, SETBACK, UH, SHOULD NOT BE APPROVED. NOT ONLY IS THIS A FIRE DANGER, BUT ALSO A CONCERN WITH HUMANS JUMPING FROM ONE ROOF TO THE NEXT AND THE CLOSE PROXIMITY TO THE NEIGHBORS. UM, ONLY ONE HOME SHOULD BE ALLOWED TO BE BUILT ON THIS PROPERTY, AND I DO NOT AGREE WITH CHANGING THE SETBACK TO ALLOW FOR TWO HOMES TO BE BUILT. THANK YOU. BYE-BYE. AND THEN WE HAVE TWO SPEAKERS. ALRIGHT. FIRST SPEAKER IS MS. SARAH PARKER. PLEASE STATE YOUR NAME AND ADDRESS AND WE HAVE TWO MINUTES OR THREE MINUTES. THANK YOU. MY NAME IS SARAH PARKER AND I LIVE AT 1 6 3 7 1 BITTER CREEK STREET. MY, THE SIDE OF MY HOUSE IS THE ZERO LOT LINE THAT IS ADJACENT TO THIS ONE. UM, I VEHEMENTLY OPPOSE NOT JUST THE BUILDING SETBACKS, BUT BUILDING TWO HOUSES AT THIS SPOT. UM, IF, AND I THINK HE'S ALREADY DECIDED THAT HE WANTS TO, HE'S GONNA BE WITHIN THOSE FRONT SETBACKS. THE WAY THIS WAS PRESENTED, IF HE CAME INTO THAT FRONT SETBACK, OUR ROOFS WOULD PROBABLY END UP BEING SIX INCHES APART BECAUSE THE SETBACK, THE ZERO LINE IS THE SIDE OF MY HOUSE, NOT THE EAVES OF MY HOUSE. UM, SO WE WOULD, ONCE HIS BUILDING WAS BUILT, THEN HIS EAVES WOULD COME IN. SINCE THE, THE TWO HOUSES THAT HE HAS ON THERE WOULD, UH, ONLY BE A FEW FEET APART, THEN SOMEBODY COULD ACTUALLY ACCESS ALL THREE ROOFS BY GOING FROM ONE TO THE OTHER AND BE INTO MY PROPERTY. UM, THE DRIVEWAY, HE'S TALKED ABOUT EXPANDING THE DRIVEWAY AND BAKING IT TO WHERE THERE WOULD BE A SHARED, IT WOULDN'T BE A SHARED DRIVEWAY ANYMORE. THERE'S NO PARKING IN THIS AREA TO SPEAK OF, SO PUTTING TWO DRIVEWAYS THERE, TRYING TO PUT THAT OUT IS GOING TO MAKE IT VERY DIFFICULT. THERE'S NO OTHER HOMES IN OUR AREA THAT ARE SET UP TO BE LIKE THIS. UH, THE HOMES IN OUR AREAS IS ONE HOME ON ONE LOT. UM, I DID CONTACT, UM, IN THE, UH, DOCUMENTATION THAT WAS PRESENTED. WE ALSO, IN ADDITION TO THE SETBACKS, DID A PETITION TO NOT PUT TWO HOUSES ONTO THE ONE LOT. UH, TWO OF THOSE SIGNATURES ON THAT PETITION. ONE IS FROM THE CURRENT HOMEOWNERS ASSOCIATION AND ONE IS FROM THE PRE IS WAS FROM THE PRE PREVIOUS, UM, PRESIDENT OF THE HOMEOWNERS ASSOCIATION. UM, OUR, UM, OUR LOT, OUR, UH, NEW CITY BLOCK 17 17 7 68 IS ALSO CONTROLLED BY DEED RESTRICTIONS. I KNOW THAT THE CITY OF SAN ANTONIO DOES NOT ENFORCE DEEDED RESTRICTIONS, BUT OUR DEEDED RESTRICTIONS REQUIRE THAT EACH HOUSE UNLESS PREVIOUSLY DELINEATED, BE ON A 47 30 SQUARE FOOT. IF HE DECIDES TO REPL, THEN HE WOULD END UP DIVIDING IT TO MEET THAT, BUT IT WOULD ALSO IMPACT THE, UM, THE REST OF, OF, UM, OUR NEIGHBORHOOD BECAUSE IT'S GOING TO, WHEN YOU DRIVE UP, IT'S GOING TO LOOK LIKE THE HOUSES WILL BE SO CLOSE TOGETHER. IT WILL LOOK [02:05:01] LIKE ONE HOUSE. UM, THE DEEDED RESTRICTIONS ALSO REQUIRE THAT, UH, THE HOU THAT NO HOUSES BE WITHIN 10 FEET OF EACH OTHER. HE'S NOW REQUESTING THAT, UM, HIS TWO HOUSES BE LESS THAN 10 FEET FROM EACH OTHER. AND THEN IF HE COMES EVEN UP TO THE EDGE OF THAT FIVE FOOT VARIANCE, THEN HE WILL BE WITHIN 10 FEET OF MY HOUSE. SORRY. UM, UM, THE, HE HAS ALSO STATED THAT HE HAS TRIED TO REACH OUT TO SOME OF THE NEIGHBORS. YES, HE DID REACH OUT TO US, BUT HE WAS REACHING OUT TO US WHEN HE WAS HAVING THE, UM, THE SLAB. THE PICTURE THAT Y'ALL HAVE SEEN SHOWS A SLAB. SO YOUR THREE MINUTES ARE UP, BUT WE'RE GONNA SEE IF WE HAVE ANY QUESTIONS FOR YOU. I HAVE A QUESTION. YES. SO DO YOU HAVE A MANDATORY HOA IT IS NOT A MANDATORY HOA? NO, SIR. OKAY. AND, UH, BUT YOU, YOU DID STATE YOUR D RESTRICTION WAS 47, 50 47 30 FOR PER LOT. PER LOT. OKAY. 'CAUSE THIS, HIS LOT IS 9,095 SQUARE FEET. SO THAT WOULD BE, THAT WOULDN'T MEET YOUR, WE DON'T, WE'RE NOT HERE TO ENFORCE D RESTRICTIONS, BUT IT'S JUST NICE TO KNOW THAT, UH, JUST FOR THE FEEL OF THE NEIGHBORHOOD. IS THERE ANY QUESTIONS FOR THE SPEAKER? MANNA, COMMISSIONER MANNA? ABOUT HOW MANY MORE MINUTES DO YOU THINK YOU HAVE? UM, I COULD PROBABLY FINISH UP IN LESSON TWO BECAUSE I ONLY HAVE HOW ABOUT, HOW ABOUT ONE ONE? OKAY, GO AHEAD. UH, ONE OF THE THINGS ON THE DEEDED RESTRICTIONS IS NO NUANCES. EXCUSE ME. UM, IF HE, MY HOUSE, ALL THE HOUSES IN OUR AREA HAVE FOUNDATION ISSUES. THEY WERE BUILT YEARS AGO. MY HOUSE, I KNOW HAS TWO, TWO, UH, FOUNDATION CRACKS IN IT. IF HE BUILDS THAT MUCH WEIGHT INTO THAT SMALL OF AN AREA, HE IS GOING TO IMPACT MY FOUNDATION. AND THAT WOULD HAVE A SA SEVERE IMPACT ON THE VALUABILITY OF, OF THE VALUE OF MY HOME. UM, IT, IT COULD POSSIBLY EVEN MEAN THAT MY HOME WOULD NO LONGER BE LIVABLE. UM, HAVING THAT DRAINAGE AROUND THE AREA, UM, HAVING A, UM, HE'S GONNA HAVE TO TAKE OUT, THERE'S A BUNCH OF TREES AS YOU SAW AT THE BACK OF THAT. TAKING, HAVING TO TAKE THOSE TREES OUT WILL IMPACT THE DRAINAGE IN THE AREA AS WELL. DRAINAGE IN OUR AREA IS NOT JUST FOR OUR LITTLE NEIGHBORHOOD ALL THE WAY UP JUDSON, THERE IS A, UM, AND ALL THE WAY UP TO STALL THAT WHOLE AREA DRAINS DOWN THROUGH OUR NEIGHBORHOOD AND INTO THOSE, THOSE DRAINAGE WAYS. MANNA, COMMISSIONER, MANNA. SO, SO I DO HAVE A QUESTION WITH REGARDS. YOU TALKED ABOUT, UM, I GUESS DEED RESTRICTIONS AND YOU HAVE A ZERO OT LINE. DOES, DO YOU KNOW IF THIS DEEDED RESTRICTION IS PROPERTY, TALKS ABOUT HAVING THAT 10 FOOT SPACING BETWEEN THE, THE ADJOINING PROPERTY. DOES THIS, DOES THEIR PROPERTY ALSO CONTAIN THAT, THAT DEEDED RESTRICTION? YES, SIR. ALL, ALL THE, EVERY, EVERY, UM, EVERY NEW CITY BLOCK, 17 7, 6 17, 768 HAS ALL OF THESE DEEDED RESTRICTIONS. AND THAT INCLUDES 'EM. THERE WAS A COPY OF THE DEEDED RESTRICTIONS PRESENTED AS WELL. DEEDED RESTRICTION IS A 10 FOOT SETBACK OR IS THERE A 10 FOOT MAINTENANCE AND ACCESS EASEMENT? IT IS. NO BUILDING SHALL BE BUILT WITHIN 10 FEET OF EACH OTHER. DOES YOUR, DOES YOUR UH, UH, COVENANTS OR RESTRICTIONS, UH, DICTATE A MAINTENANCE ACCESS EASEMENT? THE MAC, THE MAINTENANCE ACCESS EASEMENT IS THE FIVE FOOT SETBACKS BECAUSE WE ARE A ZERO ZERO LOT LINE. OKAY. SO IT'S A 10 FOOT SETBACK WITH A FIVE FOOT MAINTENANCE ACCESS EASEMENT ALONG THAT PROPERTY LINE? YES, SIR. OKAY. WHICH MEANS THAT, UM, WELL HE, THIS, THIS APPLICANT WASN'T PURSUING A ZERO LOT LINE CONSTRUCTION 'CAUSE WHAT, WHAT YOUR NEIGHBORHOOD DID A LONG TIME AGO WAS DONE DIFFERENTLY THAN IF YOU WERE TO DO THIS TODAY. YES, SIR. SO, UH, IS THERE ANY OTHER QUESTIONS? COMMISSIONER CRUZ? UM, YES MA'AM. YOU WERE SAYING ABOUT THE SLAB, THE, THE SLAB THAT'S SHOWING RIGHT NOW IS, IT'S STILL THERE OR THEY ALREADY TORE IT DOWN? THEY ALREADY TORE IT DOWN AND I DID CALL THE BUILDING PERMITS. HE NEVER RECEIVED A BUILDING PERMIT TO TAKE OUT THAT SLAB. OKAY. OKAY. THANK YOU. ANY OTHER QUESTIONS? NO. OH, HOLD ON. UM, WE HAVE ONE MORE SPEAKER. UH, LET'S SEE WHO THE NEXT ONE. ALRIGHT, MS PENELOPE VALINO. AND I'LL JUST ADD THAT YOU DON'T NEED A PERMIT TO REMOVE A SLAB. RIGHT. HI, MY NAME IS PENELOPE VALINO. I LIVE NEXT DOOR AT 5 5 0 3 DASHING CREEK AND THE INVESTOR CAN LAUGH AT OUR RESPONSES. THAT'S OKAY. 'CAUSE HE DOES NOT HAVE TO LIVE IN OUR NEIGHBORHOOD. I ASSUME HE LIVES IN A NEIGHBORHOOD THAT DOESN'T HAVE A MULTI-FAMILY UNIT OR TWO HOMES ON ONE LOT RIGHT NEXT DOOR TO HIM. UM, SO I DON'T MISS ANYTHING. I WAS JUST GONNA READ OUT MY LETTER. UM, I DO OPPOSE ALLOWING ANY KIND OF VARIANCE ON THE PROPERTY AT 5 5 0 1 DASHING CREEK STREET. I ALSO OPPOSE THE CURRENT SITE PLAN TO SHOW TWO HOUSES ON ONE LOT. WE JUST AGREE TO HAVE ONE LOT. ALL HOMES IN HIGH COUNTRY TWO ARE BUILT ON ZERO LOT LINES AND ARE DESIGNED FOR ONE SINGLE FAMILY HOME. UM, BY ALLOWING THAT REQUEST, IT WILL CHANGE THE LOOK AND FEEL OF OUR NEIGHBORHOOD. ALL OF OUR HOMES IN ALL FOUR AREAS OF HIGH COUNTRY ARE ALL SINGLE FAMILY HOMES. NONE OF [02:10:01] THEM HAVE TWO HOMES ON ONE LOT. UM, WE ONLY RECEIVED NINE DAYS TO TALK ABOUT THIS, TO TALK TO NEIGHBORS, TO LET THEM KNOW THIS IS HAPPENING RIGHT NEXT DOOR TO THEM. I BELIEVE IF YOU ARE GOING TO TRY TO MAKE A DECISION TODAY, UM, IT WILL NOT DO US JUSTICE AS CITIZENS AND THAT WE SHOULD GET AN EXTENSION. AND YOU SHOULD THINK ABOUT IT FURTHER. UM, THERE'S LITERALLY, LIKE I SAID, NO OTHER PROPERTIES IN HIGH COUNTRY THAT ARE LIKE THIS. THERE'S ALMOST 1300 SINGLE FAMILY HOMES IN BETWEEN HIGH COUNTRY, ONE THROUGH FOUR ZERO MULTI-UNIT HOMES. UM, THE SQUARE IS RANGE BETWEEN 878 AND 2349 SQUARE FEET. UM, AND RIGHT NOW THE PERCENTAGE OF CURRENT, UM, HOMEOWNERS IS 71.1%. RENTER OCCUPIED IS 28.9%. I WOULD ASSUME THIS INVESTOR IS GOING TO BUILD TO BE ABLE TO MAXIMIZE HIS PROFIT. AND THAT'S WHY I UNDERSTAND, YOU KNOW, HE'S BUILDING IT TO MAKE AS MUCH MONEY AS POSSIBLE. UM, AND I UNDERSTAND THAT I DON'T OPPOSE TO PEOPLE HAVING A BUSINESS AND BEING ABLE TO MAKE MONEY. UM, WE WOULD JUST HOPE THAT IT LOOKS LIKE THE SAME OF THE REST OF THE NEIGHBORHOOD. UM, SPEAKING ABOUT PARKING, AND THAT'S WHAT A LOT OF PEOPLE ARE TALKING ABOUT. WE HAVE DIFFICULTY OF ANY SERVICE TRUCKS OR EVEN THE MALE WOMAN COMING TO BE ABLE TO COME UP TO MAILBOXES RIGHT NOW 'CAUSE WHERE PEOPLE PARK CURRENTLY, UM, OR WHERE PEOPLE PUT THEIR BINS. UM, SO WE FEEL LIKE WE WOULD HAVE TO DEAL WITH POTENTIALLY ANOTHER FOUR TO EIGHT VEHICLES IF THERE'S REALLY THREE BEDROOMS IN EACH OF THESE HOMES. DOES THAT MEAN NOT 12 MORE PEOPLE LIVING ON THAT ONE LOT? AND I BELIEVE THAT WOULD HAVE AN ADVERSE EFFECT ON OUR NEIGHBORHOOD. UM, ANOTHER THING I WAS THINKING OF IS THE DRAINAGE. JUST LIKE, UH, SARAH WAS SAYING, IT IMPACTS THE ENTIRE NEIGHBORHOOD. UM, AND I WOULD SAY ALSO SECURITY RISK. I KNOW I MENTIONED THIS ON MY LETTER, BUT I'VE ALREADY HAD TO CHASE PEOPLE AWAY OUTTA MY DITCH OR CALL POLICE OR SOMEONE TRYING TO HOOK UP TO MY INTERNET AND I'VE HAD TO GO OUT AND CUT THE CORD MYSELF. WE REALLY DON'T WANNA HAVE OVERCROWDING IN THE LOT RIGHT NEXT TO ME. UM, WHEN I BOUGHT THAT HOME IN 2015, I ASSUMED I WAS BUYING A HOME, UM, IN A SINGLE FAMILY NEIGHBORHOOD. I OWE VERY LITTLE ON MY HOME AND I INTEND TO PAY IT OFF TO HAND IT DOWN TO MY SON, BUT I DO NOT WANT TO LIVE IN A NEIGHBORHOOD THAT HAS MULTI UM, HOMES IN IT LIKE THAT. UM, JUST THINKING ABOUT IT, I MEAN, WHO DOES CITY OF SAN ANTONIO REALLY WANT TO BUY HOMES? DO WE WANT TO LET INVESTORS COME IN AND BUY HOMES AND MAKE AS MUCH MONEY AS POSSIBLE AND THEN TURN IT AROUND IN ANOTHER 10 YEARS SO SOMEBODY ELSE CAN DO THE SAME THING? OR DO WE WANT ACTUAL CITIZENS TO OWN PROPERTY? THANK YOU. IS THERE ANY QUESTIONS FOR THE SPEAKER CRUZ? COMMISSIONER CRUZ? UM, MA'AM ON YOU'RE SAYING, UM, YOU WERE TALKING ABOUT THE UM, CARS, UH, THE VEHICLES. THERE'S NO PARKING ANYWHERE IN THE STREET IN YOUR AREA, IS THERE? NO MA'AM. THERE'S NO OTHER PARKING BESIDES A PERSONAL PARKING OR ACTUAL DRIVEWAY WHERE YOU CAN ONLY FIT TWO VEHICLES AND THEN IN FRONT OF US YOU COULD PUT JUST ONE MORE VEHICLE IN FRONT OF YOUR DRIVEWAY. SO TECHNICALLY YOU COULD FIT UP TO THREE CARS WITH ENOUGH ROOM FOR MALE LADIES, AMBULANCES OR WHATNOT TO BE ABLE TO COME THROUGH. BUT ONE OF MY MAIN CONCERNS IS HAVING SO MANY VEHICLES IN THE AREA, THEY'RE GONNA CONSTANTLY PARK IN FRONT OF OUR HOMES IN FRONT OF THE DITCH ACROSS THE STREET. AND WE ALREADY HAVE A DIFFICULTY OF GETTING THROUGH OUR STREET TO GET OUT OF THE NEIGHBORHOOD. THERE'S NO OTHER WAY TO GET OUT OF THE NEIGHBORHOOD. IF YOU LOOK AT IT RIGHT THERE IN THE CUL-DE-SAC, THERE'S ONLY ONE WAY TO GO TO BE ABLE TO GET OUT. OKAY, THANK YOU. YES MA'AM. ALRIGHT, WELL THANK YOU VERY MUCH. THANK YOU. ALRIGHT, SO LET'S HAVE THE APPLICANT COME BACK UP. SO YOU'VE HEARD SOME CONCERNS FROM, UH, THE NEIGHBORS AND UH, WE'LL GIVE YOU A MINUTE TO REBUT BEFORE WE MOVE ON TO A MOTION. DID YOU, WERE YOU ABLE TO GET THAT EMAIL? SO THERE'S SOME UNDERSTANDING WITH THE PARKING ISSUE? WE HAVE A ON TWO DRIVEWAYS, 16 FEET LONG RIGHT. WITH GOING INTO A SINGLE CAR GARAGE. SO IN TERMS OF PARKING, THE ISSUE WITH THE PARKING, WE HAVE A 16 FOOT LONG DRIVEWAY ON EACH, ON EACH, UH, HOUSE THAT WE'RE PROPOSING. HERE WE GO. OKAY. YOU, SO THIS WAS JUST, THIS WAS JUST A, LIKE MULTIPLE OPTIONS THAT WE HAD. 'CAUSE WE HAVEN'T, WE HAVEN'T, AGAIN, THIS WAS, UM, PRELIMINARY TO US GETTING IT REPLANTED. SO WE WERE PLAYING AROUND WITH UH, FLOOR PLAN OPTIONS. RIGHT. UH, FOOTPRINT OPTIONS. ONE OF THE THING IS IT'S NOT GOING TO BE LIKE TWO, UH, FAMILY, IT'S GOING TO BE REPLAY. SO IT'S ONE LOT. RIGHT. ONE HOUSE. ONE LOT ONE HOUSE. RIGHT. SO WE ARE GOING TO REPLAY, SO WE DON'T DO A MULTIFAMILY RIGHT. WE'RE NOT PROPOSING MULTIFAMILY AND YEAH, WE, YES. THE OTHER THING IS NOT A LOT OF TRAFFIC IN THE AREA. YOU CAN SEE WE RIO IN THE CORNER. SO IF UH, PEOPLE, HE CAN GO ON THE OTHER WAY. UH, IN THE BACK TO, CAN YOU BRING UP THE, UH, SIDE PLAN THAT YOU HAD MENTIONED? YOU HAD 16 FEET FROM THE, 'CAUSE YOU, YOU NEED TO HAVE 20 TO THE PROPERTY LINE OR THE BACK OF SIDEWALK. [02:15:06] YOU CAN SHOW THAT ONE ACTUALLY. YEAH, BECAUSE THAT WAS, YEAH, BECAUSE THAT'S A LITTLE, THAT'S A LITTLE, IT'S A LITTLE MORE DETAILED. I HAVE ANOTHER ONE THAT SHE ACTUALLY PUT UP THERE. OKAY. THIS IS, OKAY, SO THAT'S JUST THE HOUSE. THAT ONE. OKAY. HOW MANY DIFFERENT VERSIONS OF THE SITE PLAN DO YOU HAVE? JUST, IT'S, IT'S THE SAME ONE. THIS IS, THIS WAS ACTUALLY THE EXISTING, THIS WAS JUST WHAT THE SLAB WAS WHEN THE SLAB WAS THERE. AND US LIKE . SIR, CAN YOU USE THE MICROPHONE PLEASE? THIS IS, THIS WAS WHEN THE SLAB WAS THERE. US SEEING HOW MUCH WE CAN FIT AND WHAT WE CAN FIT WELL, SO WELL 'CAUSE THIS THING IS SHOWING WHAT APPEARS TO BE TWO HOMES. A DUPLEX. NO. YEAH. SO THAT WAS US SHOWING ON THE LOT WHERE WE CAN FIT WITHIN, WITHIN THE SETBACKS. SO IF YOU SEE, YOU HAVE THE EASEMENTS ON, IN, ON THE, AND THE SETBACKS ON THIS ACTUAL SURE. OF SITE PLAN. RIGHT. AND THIS WAS US SHOWING, OKAY, THIS IS HOW MUCH WE CAN FIT THIS WAY. IF YOU WERE TO BUILD ONE HOUSE, IF IT, THAT'S IF WE WERE TO PUT 'EM TOGETHER. 'CAUSE WE ORIGINALLY YOU, WELL, YOU CAN'T PUT 'EM TOGETHER. I KNOW ORIGINALLY WE WERE, WE ORIGINALLY WE WERE GONNA DO MULTIFAMILY AND WE FIGURED HOW HARD IT WAS GONNA BE AND WE SAID NO. SO LET'S, LET'S SPLIT THE TWO LOTS UP. SO IF WE WERE TO BUILD ONE HOUSE, THIS IS HOW MUCH WE CAN FIT TYPICALLY IN HERE. RIGHT? AND I JUST WANTED TO SHOW YOU BECAUSE THE DESIGNS, THE DESIGNS ARE THE DESIGNS YOU SEE THE FIRST ONE ARE THEY'RE WITHIN THE, THE SETBACKS. THEY'RE WITHIN THE PARAMETERS. WELL, BUT BEFORE YOU GO OFF TANGENT, OKAY. YOU ARE IN AN R FOUR ZONE. CORRECT. YOU CAN'T DO THAT SKETCH, SO THERE'S NO POINT IN SHOWING IT. SO IF YOU WANT TO SHOW US SOMETHING, PLEASE SHOW US TWO DIFFERENT HOMES, ONE ON EACH LOT AND WHERE YOU HAVE A SETBACK ISSUE AND, AND YOU'RE BURNING THROUGH YOUR MINUTE. HERE GO THIS ONE HERE. THANK YOU. HERE WE GO. BECAUSE IT SEEMS LIKE, IT SEEMS LIKE YOU'RE GONNA YEAH, A LITTLE BIT. HERE YOU GO. WHAT'S THAT SURVEY? YES, THEY HAVE A SURVEY HERE ALREADY. IT'S, IT'S IN THIS ONE SCHEDULE. NEED TO BE HERE. OKAY, SO THIS ONE'S SHOWING THE TWO SEPARATE DRIVEWAYS? YES, THE TWO SEPARATE DRIVEWAYS. AND, UM, SO THIS IS TO, THIS IS ONE HOUSE, RIGHT? AND THE GARAGE IS ABOUT 16. WAS THAT 15? AND THEN IT LOOKS LIKE ON THE RIGHT PORTION YOU HAVE THE FRONT CORNER OF THEIR HOUSE, UH, BREACHING THE, THE 10 FOOT SANITARY SEWER EASEMENT. IS THAT WHAT I'M SEEING? YEAH. SO WE CAN, THAT'S NOT, THEY ALREADY TOLD US WE CAN'T DO SOMETHING LIKE THAT. OKAY. SO WE'RE, WE'RE RECHANGING THE FLOOR FLOOR PLAN. REMEMBER AGAIN, THIS ISN'T IN, THIS IS SOMETHING THAT WE WERE DOING PRELIMINARY PRIOR TO GETTING THE REPLA. YEAH. IT, IT LOOKS LIKE YOU HAVE A, A A MULTITUDE OF, OF LAYOUTS THAT YOU CAN HAVE. BUT THEY ALL REVOLVE AROUND YOU BEING THREE FEET, THREE INCHES AWAY FROM THE INTERIOR LOT LINE THAT YOU WANT TO CREATE, CORRECT? MM-HMM, . OKAY. AND THEN IN THE, IN THE CENTER. SO LET'S, IF THERE'S ANYTHING YOU WANNA ADD BEFORE WE MOVE ON TO A DELIBERATION. I THINK UNLESS THERE'S SOMEBODY THAT ON THE COMMISSION THAT HAS A QUESTION, I'M, I'M LOOKING LIKE, I THINK WE UNDERSTAND WHAT YOU'RE ASKING FOR HERE. HEARING NONE. SO, UH, WHAT WE'RE GONNA DO IS WE'RE GONNA LOOK FOR A MOTION AND WE'RE GONNA SEE WHAT, HOW THIS TURNS OUT. UH, I WILL MAKE A MOTION. COMMISSIONER KAPLAN, REGARDING CASE NUMBER BO OA 23 DASH 1 0 3 0 0 3 5. I MOVE TO THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR ONE FOOT NINE VARIANCE IN THE MINIMUM FIVE FOOT SIDE. WE'RE ON 15, RIGHT? UH, YES. OKAY. UH, SIDE SETBACK TO ALLOW THREE FOOT, THREE SIDE SETBACK SITUATED AT 55 0 1 DASHING CREEK STREET. APPLICANT BEING MANDU MANDUJANO FENCING AND ROOFING. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANT NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE PUBLIC INTEREST IS REPRESENTING MINIMUM SIDE SETBACK REQUIREMENTS BETWEEN AS THE SPACE ENSURES THAT BUILDINGS DRIVES AND PARKING IS POSITIONED TO SAFE AND SUITABLE DISTANCE FROM PROPERTY LINES STEPS, THE REDUCED SETBACKS BETWEEN THE PROPOSED DEVELOPMENT PROVIDES A SUITABLE DISTANCE BETWEEN THE TWO PROPOSED RESIDENT DWELLINGS. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD, WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF FOUND A SPECIAL CONDITION EXISTING ON THE PROPERTY WHERE A LITERAL ENFORCEMENT OF THE ORDINANCE DOES NOT LEAVE ROOM TO BUILD TWO SEPARATE RESIDENTIAL STRUCTURES ON THE PROPERTY. 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 INTENT OF THE MINIMUM SIDE SETBACK REQUIREMENTS IS TO ENSURE ADEQUATE PROPERTY DISTANCE BETWEEN RESIDENTIAL PROPERTY DEVELOPMENT. THE REDUCED SIDE SETBACKS WILL OBSERVE THE SPIRIT OF THE ORDINANCE AS DEVELOPMENT WOULD BE CHALLENGING TO REARRANGE AND LEAVE SUFFICIENT ROOM BETWEEN THE TWO. RESIDENTIAL DWELLINGS [02:20:01] FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE EXISTING CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED THE SIDE SETBACK VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFIRMING PROPERTY. THE PROPOSED DEVELOPMENT WILL LEAVE SUFFICIENT ROOM FROM THE PROPERTY AND NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS IT WOULD ADHERE TO OTHER SETBACK REQUIREMENTS AND SINGLE FAMILY DWELLINGS ARE CHARACTERISTIC TO THE NEIGHBORHOOD. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIALLY, ARE NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FIND STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT. IT'S DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. IT'S A LOT SIZE. PROVIDES LIMITED OPTIONS TO REARRANGE THE PRO'S DEVELOPMENT AND MEET THE REQUIRED SETBACK REQUIREMENTS. END OF MOTION. SECOND. SECOND BY COMMISSIONER MANNA. COMMISSIONER KAPLAN. OKAY. UM, WELL, IN TERMS OF THE NEIGHBORS, I THINK THE FIRST THING WE'RE TALKING ABOUT IS THE NEIGHBORS NOT BEING, UH, UH, UPSET. AND THIS IS THE CASE WHERE THE NEIGHBORS FEEL THAT THEY WILL HAVE SUBSTANTIAL HARM. UM, GENERALLY, UM, WE ARE VERY, UM, UH, CONCERNED WITH HOW THE NEIGHBORHOOD FEELS. I WOULD, I WOULD'VE LIKED IT BETTER IF YOU HAD, UH, GOTTEN MORE NEIGHBORHOOD APPROVAL AND, AND GOTTEN SOME FEEDBACK FROM THEM. BUT THE ONLY FEEDBACK WE SEEM TO HAVE ON THIS IS THEY DON'T WANNA SEE IT. SO I CANNOT BE IN FAVOR OF THIS COMMISSIONER MADDA. SO, UM, I WILL BE, UH, ALSO, UH, NOT IN FAVOR FOR, FOR A COUPLE REASONS. UM, ONE IS, YOU KNOW, I DO SEE THAT IN 2007 AND BETWEEN 2007, 2011, THE PREVIOUS HOUSE WAS, WAS TAKEN OUT. SO IT'S DEMOLISHED. SO IT WAS A SINGLE HOME THERE BEFORE. AND AS I LOOK AT THIS PROPERTY AND ITS POSITION THROUGH THE REST OF THE NEIGHBORHOOD, THERE ARE SIMILAR LOTS OF THIS, LIKE SIX OTHER LOTS THAT ARE JUST LIKE THIS LOT THAT FOLLOW THAT, THAT CREEK LINE. AND EVERY ONE OF THOSE IS BASICALLY ANOTHER SINGLE FAMILY RESIDENT ON THERE WITH THAT DRIVEWAY. UM, AND THEN, UM, ALSO, UH, AGAIN, THERE WAS VERY STRONG OPPOSITION, INCLUDING, I GUESS THE NOTICE FROM THE NEIGHBORHOOD ASSOCIATION. AND I ALWAYS HAVE A HARD TIME VOTING AGAINST THE NEIGHBOR ASSOCIATION. SO BEFORE THOSE REASONS I'LL BE IN, NOT IN FAVOR OF THIS. ANY OTHER COMMISSIONERS LIKE TO ADD? UH, I'M GONNA GO AHEAD AND ADD THAT. UH, I'M NOT GONNA BE IN SUPPORT OF THIS FOR A COUPLE REASONS, AND I AGREE WITH, WITH THE, WITH MY OTHER TWO COMMISSIONERS. BUT, YOU KNOW, EVEN THOUGH WE DON'T IMPOSE OR FOLLOW THE DEED RESTRICTIONS, UM, THEY DO SET A THEME AND A STYLE FOR THE NEIGHBORHOOD. A 4,750 SQUARE FOOT LOT, WHICH YOU WOULD BE VIOLATING IF YOU SPLIT THIS KARMA THAT'S IN THE DEEDED RESTRICTION THAT WE HEAR TESTIMONY OF, YOU KNOW, ALONG WITH THE FACT THAT THERE'S A A, A LARGE AMOUNT OF PEOPLE AGAINST THIS. I, I JUST CAN'T GET BEHIND IT. I'M SORRY. SO LET'S HAVE A ROLL CALL VOTE PLEASE. COMMISSIONER KAPLAN, I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER MANA, I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BURTON. NO, I DO NOT CONCUR. COMMISSIONER BONIS? I DO NOT CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER CRUZ? I DO NOT CONCUR. COMMISSIONER ZUNIGA? I DO NOT CONCUR WITH THE FINE AS A FACT. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER ZUNA? I DO NOT CONCUR. COMMISSIONER BRAGMAN? I DO NOT CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN. I DO NOT CONCUR WITH THE FINDINGS OF FACT. UH, MOTION FAILS. 10 TO ZERO. UM, IF YOU HAVE ANY QUESTION, I'M SORRY, 10 TO ONE. UH, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF, UH, AND WE'RE, WE'RE GONNA GO INTO A FIVE MINUTE BREAK. WE'LL RECONVENE AT 3 36. IT DOESN'T MEAN IT DOESN'T MEAN WE CAN'T REPLY. [02:30:54] ALL [02:30:54] RIGHT. 3 38, UH, WE'RE GONNA GET THIS, UH, MEETING BACK IN SESSION BACK ONLINE. UH, IT, UNLESS SOMEONE WALKS IN, IN THE NEXT FEW SECONDS, I THINK WE'RE GONNA BE SKIPPING TO ITEM NUMBER 11 AS OUR APPLICANT FOR 10 AND DOESN'T APPEAR TO BE HERE. SO STAFF, IF WE COULD HEAR ITEM 11 PLEASE? YEP. 38 11. MR. WE DON'T HAVE, UH, THE APPLICANT FOR NUMBER 10. WE'RE CHECKING ON THEM RIGHT NOW. SO WE'RE GOING TO ITEM 11, BUT APPARENTLY THE FILE IS NOT OPENING. OKAY. SO IT'S OKAY. JUST GIVE US ONE SECOND. OKAY. HE'S GRAB, GONNA GRAB IT RIGHT NOW. WELL, WHILE WE'RE, WE'RE JUST, WE'RE GONNA GRAB IT OFF THE HARD DRIVE INSTEAD OF THE FLASH DRIVE. SOMETIMES THOSE FLASH DRIVES GET CORRUPTED WHILE WE'RE CHATTING. UH, FOR THE LAST TWO CASES ARE, ARE THERE ANY ONE SIDED TO SPEAK OR VOICEMAILS? I'M AWARE. IS THAT NUMBER 10? UM, ITEM NUMBER 11 HAS TWO VOICEMAILS. OKAY. JUST WALK MAYBE BETTER. ARE YOU MR. LOPEZ? NO, SIR. DID YOU NEED TO SIGN UP TO SPEAK OR, UH, IS THERE A CASE HERE THAT YOU NEEDED TO SPEAK OUT ON? WHAT CAME UP? I WANT THREE 16. I THINK IT'S, OOPS, LEMME SEE. WHAT WAS THE ADDRESS OR CASE NUMBER, SIR? UH, WELL, THAT'S NUMBER THREE. EIGHT. OH, THIS ONE. OH, THE ONE. OH YEAH. SO THE, UM, THE APPLICANT FOR ITEM 10 IS NOT PRESENT AT THIS TIME, SO WE'RE GOING TO SKIP TO ITEM 11. UH, SO HOPEFULLY THEY'LL COME BACK. UH, AND, AND WE WILL, WE WILL HAVE AN OPPORTUNITY. AND, AND, AND REGARDLESS OF WHETHER THEY COME BACK OR NOT, WE'LL LIKE TO HEAR YOUR THOUGHTS ON, ON THAT ON ITEM 10. PARDON ME, SIR? BECAUSE I HAVE 3 1 8? YES. YES. OH, OKAY. YEAH, WE HAVE IT AS 10 ON OUR AGENDA, BUT IT IS, IT'S CASE 3 1 8. IS IT GOOD, COLTON? NO, NOT YET. CAN WE HEAR THE COMMENTS? SURE. CAN WE PLAY THE VOICEMAILS, MELANIE, PLEASE? ANY QUESTIONS? OKAY. CAN YOU PAUSE, PAUSE THAT ONE PLEASE. [02:35:01] ? UH, GOOD AFTERNOON. MY NAME IS ANA OVER CASE NUMBER BOA 23 1 0 3 0 0 3 1 9 FROM 1 38 PRECIOUS DRIVE. WE ARE IN FAVOR. MY NAME PHONE NUMBER'S TWO TEN FOUR SIXTY NINETY FOUR OH TWO. IF YOU HAVE ANY QUESTIONS TO CALL ME, WE'RE ACCEPTING IT VERY WELL. WE'RE CALLING UP, WE'RE ON BEHALF OF THE FAMILY. ALRIGHT. I THINK THE NEXT ONE'S IN SPANISH TOO. OKAY. IS IT ALSO FOR THIS CASE? YES. 1 35 DRIVE, SAN ANTONIO, TEXAS. CAN YOU RESTART IT FOR HER PLEASE? GOOD AFTERNOON. MY NAME IS ERICA PIANA. I LIVE 1 35 PATIENCE DRIVE, SAN ANTONIO, TEXAS. 7 8 2 0 3 IS THE ZIP CODE, THE CASE NUMBER BOA 23 1 0 3 0 0 3 1 9. AND I'M IN FAVOR. UH, WE, WE ARE FINE WITH THE CONSTRUCTION IS TO TALK TO US ABOUT, AND WE'RE HERE TO SUPPORT HIM. HAVE A GOOD DAY. AND MY NAME IS ERIC OANA. GOOD AFTERNOON. GOODBYE. ALL RIGHT, THANK YOU. IS THERE ANY, ANY MORE, UH, VOICEMAILS ON, ON THIS CASE? NO. ALRIGHT. AND DID Y'ALL, DID Y'ALL GET THE, UH, PACKET BACK UP? APPARENTLY THE COMPUTER IS OUT OF SPACE. OKAY, SO HERE'S WHAT WE'RE GONNA DO. UH, WE'RE GOING TO, I'M GONNA TABLE 11 JUST FOR A MOMENT. UH, WE'RE GONNA DO WHAT WE CAN, WE HAVE A GENTLEMAN HERE TO SPEAK ON ITEM NUMBER 10. IS IT OKAY TO DO THAT IF WE HAVEN'T OPENED THE CASE FOR 10 YET? OKAY. THEN WE'RE GONNA, IT, IT MAY NOT BE HEARD. SO, UM, OKAY. MM-HMM, . SO WHAT WE'RE GONNA DO IS LET'S MOVE ON TO THE MINUTES. UM, I HAD SOME CHANGES. UH, I DUNNO IF ANYONE ELSE HAD ANY, BUT, UM, DID ANYBODY, ANYBODY HAVE ANY, UH, FURTHER AMENDMENTS TO THE MINUTES? OKAY. IS THERE ANYONE LIKE TO MAKE A MOTION TO APPROVE THE MINUTES AS AMENDED? NO. MOVED. NO MOVED. ALL RIGHT. SO WE HAVE A MOTION BY COMMISSIONER BARRINGTON A SECOND BY, UH, BRAGMAN. ALL IN FAVOR SAY AYE. AYE. AYE. AYE. ANY OPPOSED? HEARING NONE. MOTION PASSES. ALL RIGHT. CAN YOU BRING UP, CAN YOU, CAN YOU DO YOUR BEST YOU CAN OFF THE POWERPOINT. WE'RE, WE'RE GONNA PUT IT IN, UH, UM, AN ONLINE VERSION. OKAY. AND WHAT I'LL HAVE BRONTE DO IS JUST START READING IT FROM, FROM THE APPLICATION. OKAY. AND, UH, SO THAT WE CAN GET STARTED AND HOPEFULLY HAVE SOMETHING TO SHOW YOU PHYSICALLY HERE SHORTLY. ALRIGHT. SO I'M BRINGING ITEM NUMBER 11. BACK UP. WHAT'S THAT ONE? . SO IS THIS A BUILTIN? IS THIS A APPEAL? UM, UM, REGARDING CASE BO OA DASH 23 DASH 0 3 0 3 9, THE APPLICANT IS JOSE GALLEGOS, COUNCIL DISTRICT ONE. THE LOCATION IS 1 38 PILGRIM DRIVE. THE ZONING IS RESIDENTIAL SINGLE FAMILY DISTRICT. THE REQUEST IS FOR ONE A FOUR FOOT NINE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SETBACK TO ALLOW CARPORT WITH A ONE FOOT THREE INCH OVERHANG TO BE THREE INCHES FROM THE SIDE PROPERTY LINE. AND TWO, A NINE FOOT VARIANCE IN THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW CARPORT WITH A ONE FOOT FIVE INCH OVERHANG TO BE ONE FOOT FROM THE PROPERTY LINE. THE SUBJECT PROPERTY IS LOCATED ON PILGRIM DRIVE IN A NEIGHBORHOOD EAST OF VANCE JACKSON AND SOUTHEAST OF NORTHWEST LOOP FOUR 10. THE CONSTRUCTIVE CARPORT DOES NOT MEET THE SETBACK REQUIREMENTS TO THE SITE IN FRONT OF THE PROPERTY LINE. UPON SITE VISITS, STAFF FOUND THE CARPORT CONSTRUCTED BUT UNFINISHED. NO OTHER VARIANTS OUTSIDE OF THE SIDE AND FRONT SETBACKS OUTLINED IN THIS CASE WERE FOUND TO BE NECESSARY. UM, THE EXISTING USE OF THIS PROPERTY IS SINGLE FAMILY DWELLING, AND THEN TO THE NORTH, SOUTH, EAST, AND WEST. IT'S ALSO SINGLE FAMILY DWELLINGS ON THE SAME [02:40:01] RESIDENTIAL SINGLE FAMILY DISTRICT. UM, SHOULD I SAY THE, THE APPROVAL OR DENIAL ACCOUNTS, OR SHOULD I WAIT TILL WE HAVE THE POWERPOINT? YEAH, YOU CAN GO AHEAD AND DO THE RECOMMENDATIONS. ANYTHING THAT YOU KNOW THAT, THAT IS, THAT'S FROM THE FILE, GO AHEAD AND SAY IT. OKAY. RECOMMENDATIONS? YES. OKAY. SO STAFF RECOMMENDS DENIAL AND BO OA DASH TWO THREE DASH 0 3 0 0 3 1 9 ON THESE SITE AND FRONT SEC BACK VARIANCES BASED ON THE FOLLOWING FINDINGS OF FACT, THE PROPOSED VARIANCE IS CONTRARY TO PUBLIC INTEREST, AS IT WILL NOT LEAVE SUFFICIENT ROOM BETWEEN THE CARPORT AND ADJACENT PROPERTY, IMPOSING RISK FROM WATER RUNOFF INTO THE ADJACENT PROPERTY AND THE RIGHT OF WAY. AND TWO, THE REDUCED SETBACKS WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND SURROUNDING AREA. OKAY. ALRIGHT. DO YOU HAPPEN TO KNOW THE NOTICE COUNTS? BRONTE? I DON'T REMEMBER THE EXACT NUMBER OF NOTICE COUNTS, BUT I KNOW THAT THERE WAS ZERO IN OPPOSITION. I THINK EIGHT IN FAVOR. UM, AND THE NEIGHBORHOOD ASSOCIATION, I THINK BELLEVUE WAS CONTACTED, BUT THEY DIDN'T RESPOND. ALL RIGHTY. SO, UH, WITH, OH, THERE YOU GO. I CAN GET THE GHOST COUNCILS FOR EACH CHAIR. UH, THREE 19, WE HAD 37 NOTICES. EIGHT IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM THE DOE VIEW AREA NEIGHBORHOOD ASSOCIATION. ALRIGHT, WELL THANK YOU VERY MUCH. THANK YOU COMMISSIONER MANNA. SO A QUESTION I HAVE HERE IS YOU, I'M, I'M TAKING A LOOK AT THE PICTURES THAT WERE PROVIDED IN OUR PACKET AND IT LOOKS LIKE, UM, THE, THERE'S FROM THE POST TO THE PROPERTY LINE IS NINE FOOT, UM, BUT THERE'S A, THERE IS A LARGE, UM, OVERHANG AND SO, SO JUST TRYING TO UNDERSTAND, YOU KNOW, IS IT, IS IT, IT, YOU KNOW, ARE WE MEASURING FROM THE OVERHANG OR ARE WE MEASURING FROM THE POST YOU'RE TALKING ABOUT? FROM THE FRONT? YES, FROM THE OVERHANG. YES. IT LOOKS LIKE THAT'S NINE FOOT. SO, UM, YOU KNOW, SO IT LOOKS LIKE THE NUMBERS ARE REVERSED, YOU KNOW, FOR, FOR WHAT? IT'S THAT WE'RE ASKING UNLESS THERE'S SOMETHING WITH THE OVERHANG FOR THE FRONT. UM, THE OVERHANG STOPS AT THE ONE FOOT PROPERTY LINE. SO THAT, SO TO EXPAND ON THAT, SO IF THE, IF THE POST IS CLOSER TO NINE, IS IT THE OVERHANG? THAT MUST MEAN THE OVERHANGS LIKE ALMOST EIGHT FEET. SEVEN OR EIGHT FEET. IS THAT TRUE? UH, I DON'T KNOW IF THAT'S THAT MUCH, BUT THAT'S PROBABLY ABOUT RIGHT. OKAY. WELL, WE'LL HEAR FROM THE APPLICANT IF THEY CAN SHED SOME LIGHT ON THAT. I HAVE A QUESTION, MR. KAPLAN, FOR THE, UH, COUNTY FOR THE, UM, PLANNING. LOOKS LIKE THE HOUSE IS ALSO ON THE PROPERTY LINE, IS THAT RIGHT? UH, NO, THE, I DON'T BELIEVE THE HOUSE IS ON THE PROPERTY LINE, NO. ALRIGHT, LET'S HAVE THE APPLICANT COME FORWARD. COME ON, STATE YOUR NAME AND TELL US ABOUT YOUR CASE. THANK YOU VERY KINDLY. MY NAME IS JOSE GALLEGOS. I AM THE APPLICANT AND I'M HERE REPRESENTING, UH, THE PROPERTY OWNERS, UH, MR. FELIPE AGUIRE AND HIS WIFE. UH, UNFORTUNATELY HE WAS NOT ABLE TO BE PRESENT TODAY TO SPEAK, UH, IN FAVOR AND, UH, ON BEHALF OF THE APPLICATION, UH, I DO HAVE THEIR DAUGHTER, THEIR OLDEST DAUGHTER TO BE EXACT. UH, HER NAME IS, UH, UH, ALI AGUIRE, AND SHE'S HERE, PRESIDENT. SHE'S A STUDENT AT ST. MARY'S UNIVERSITY. AND, UH, HOPEFULLY SHE'LL, UH, UH, GET AN EXPERIENCE, UH, AS A RESULT OF THIS, UH, THIS HEARING. UM, AS I INDICATED, UH, I AM THE REPRESENTATIVE, UH, OF THE HOMEOWNERS AND THE APPLICANT. AND, UH, I'D LIKE TO NOTE, UH, IN MY DISCUSSION AND IN SPEAKING WITH THE BELLEVUE NEIGHBORHOOD ASSOCIATION, THEY ARE IN FAVOR OF, UH, THE APPLICATION. AND THEY INDICATED TO ME THAT, UH, THEY CONTACTED CITY STAFF, SO THEY SHOULD HAVE HAD A, UH, A, UH, RECORDING OF THAT, UH, THAT TELEPHONE CALL. BUT NOT ONLY DID I SPEAK WITH A CURRENT, UH, NEIGHBORHOOD ASSOCIATION PRESIDENT, BUT I SPOKE, UH, WITH THE FORMER PRESIDENT OF THE ASSOCIATION, WHO ALSO IS IN FAVOR, UH, OF THE APPLICATION. UH, I'D LIKE TO STATE THAT, UH, THERE WAS EIGHT, UH, NOTICES THAT WERE TURNED IN. UH, IN ADDITION TO THE EIGHT NOTICES IN FAVOR THAT WERE TURNED IN. I ALSO CANVASSED THE NEIGHBORHOOD AND FOUND THREE ADDITIONAL, UH, SURROUNDING [02:45:01] NEIGHBORS THAT ARE AFFECTED BY THE, WITHIN THE 200 FOOT RADIUS, UH, THAT WERE IN FAVOR, UH, OF THE APPLICATION. UH, AS YOU CAN TELL, UH, BASED ON NOT ONLY THE NEIGHBORHOOD ASSOCIATION, BUT THE PROPERTY OWNERS, UH, ADJACENT TO THE SUBJECT PROPERTY, UH, THE FAMILY ENJOYS, UH, A VERY GOOD RELATIONSHIP WITH THEIR NEIGHBORHOODS AND WITH THEIR NEIGHBORS AND, UH, ESPECIALLY THE NEIGHBORS ABUTTING, UH, THEIR PROPERTY. THEY'VE LIVED THERE FOR OVER 20 YEARS. THEY'RE A SINGLE FAMILY, HARDWORKING, UH, MEXICAN AMERICAN, UH, FAMILY. AND REGRETTABLY, MR. AGIRI WAS NOT ABLE TO BE HERE TODAY. BUT, UH, UH, WE DO NOT BELIEVE, WE DISAGREE WITH, UH, STAFF RECOMMENDATION THAT IT WOULD BE, UH, UH, OUTTA CHARACTER FOR THE NEIGHBORHOOD. I TAKE ISSUE WITH THAT BECAUSE, UH, IN MY CANVASSING AND, UH, UH, TOURING THE NEIGHBORHOOD, I DISCOVERED 18, UH, SIMILAR CARPORTS THAT WERE CONSTRUCTED AND ERECTED, UH, IN THE NEIGHBORHOODS. NOW, UH, NOT ALL OF 'EM ARE, UH, IN, UM, UH, UH, UH, ENCROACHING ON THE SETBACK, UH, LINES. I DID FIND SEVERAL THAT WERE ENCROACHING THE SETBACK, UH, UH, PROPERTY LINE OR THE SETBACK, UH, UH, REQUIREMENTS. BUT, UH, WE DO NOT FEEL THAT THIS IS, UH, OUT OF CHARACTER FOR THE NEIGHBORHOOD. IT WOULD NOT BE A DETERRENT TO THE NEIGHBORHOOD. IT WOULD NOT TAKE AWAY FROM THE NEIGHBORHOOD. I CAN TELL YOU THAT THE, THE ACTUAL STRUCTURE THAT IT WAS ALREADY BUILT. AND, UH, WE ARE TOTALLY, UM, OPEN AND, UH, UH, YOU KNOW, JUST, UH, TRANSPARENT IN THAT REGARD. THE PROPERTY WAS, WAS, UH, OR THE CARPORT WAS BUILT. UH, THEY HAVE SINCE, UH, OBTAINED A, UH, OR APPLIED FOR A, A, UH, CONSTRUCTION PERMIT. AND I HAVE SEVERAL PHOTOS THAT, UH, JUST TO GIVE YOU AN IDEA OF SOME OF, UH, THE OTHER STRUCTURES, UH, YOU'RE FREE TO, TO, UH, DISPLAY 'EM. I DON'T WANT TO TAKE TOO LONG. UH, I KNOW IT'S BEEN A LONG MEETING AND I THANK YOU FOR YOUR SERVICE AND YOUR TIME. AND I DEFINITELY WOULD BE REMISS IF I DID NOT THANK, UH, CITY STAFF FOR THEIR COOPERATION AND FOR THEIR ASSISTANCE IN THE PROCESS OF MY APPLICATION. UH, UH, FINALLY, UH, I THINK AGAIN, UH, THE GRANTING OF THE VARIANCE WILL NOT BE CONTRARY TO PUBLIC INTEREST. AND, UH, RESPECTFULLY REQUEST YOUR APPROVAL OF MY RECOMMENDATION OR MY APPLICATION. OKAY. WITHOUT, THAT CONCLUDES MY, MY APPLICATION COMMISSIONER ZUNIGA SUNNI, GO AHEAD. JOSE, WHO'S, UH, THE BEST PRESIDENT AND THE PRESIDENT OF THE ASSOCIATION? YEAH. UH, THE CURRENT PRESIDENT IS, UH, MR. BARIENTOS, AND THE FORMER PRESIDENT IS MR. SALINAS? YES, SIR. OKAY. UM, I HAVE A COUPLE QUESTIONS. SO, AND I, I'VE BEEN IN COMMUNICATION WITH BOTH, UH, ON NUMEROUS OCCASIONS. SO, UM, IRONICALLY, MY FATHER GREW UP ON THIS STREET, UH, WENT TO HIGH SCHOOL AND EVERYTHING, AND I, AS A YOUNG BOY WALKED UP AND DOWN THIS STREET. UH, BUT, UH, AND I, AND I KNOW THAT THE SIDEWALKS ARE, ARE, ARE IN THE AREA, OFFSET FROM THE CURB. UH, ONE OF THE, WHAT I WOULD LIKE TO KNOW IS HOW FAR AWAY FROM THE SIDEWALK IS THE CARPORT? UH, I'M GONNA HAVE TO DEFER. UNFORTUNATELY, THE CONTRACTOR WAS NOT ABLE TO BE HERE AS WELL TODAY. OKAY. I'M GONNA DEFER TO, UH, STAFF. I, I BELIEVE, IF I'M NOT MISTAKEN, I BELIEVE FROM THE ACTUAL SIDEWALK, I BELIEVE IT'S THREE FEET. OKAY. AND PLEASE DON'T QUOTE ME ON THAT. AND THEN THE, WE THERE, I HEARD A COMMENTARY FROM MY FELLOW COMMISSIONERS ABOUT THE DIS HOW FAR AWAY THAT POST IS FROM THE OUTSIDE FACE OF THE CARPORT. DO YOU HAPPEN TO KNOW OR, OR WOULD YOU LIKE TO JUST, UM, YOU KNOW, TELL US WHAT YOU THINK IS, AGAIN, I'M GONNA PLEAD IGNORANCE. I APOLOGIZE FOR THAT. OKAY. I WAS RELYING ON THE CONTRACTOR TO BE HERE THIS AFTERNOON AND PROVIDE THAT TECHNICAL OKAY. UH, TESTIMONY IS SOMEONE FROM STAFF MAYBE, UH, MEASURED THAT PERHAPS AMANDA. SO [02:50:01] WE CAN ONLY GO OFF OF THE, UH, ESTIMATED MEASUREMENT FROM THE 50 FOOT RIGHT OF WAY AFTER THE STREET ENDS 10 FOOT INSIDE. OKAY. UM, I, I DO BELIEVE AROUND THREE FEET PAST THE SIDEWALK IS PRETTY CLOSE TO ACCURATE. OKAY. UH, COMMISSIONER MANNING. SO, SO IF WE GO BACK A PICTURE HERE THERE SHOWS A TAPE MEASURE ON THE GROUND. IT SHOWS NINE FOOT. AND SO JUST TRYING TO UNDERSTAND WHAT THAT NINE FOOT LINE IS. GO BACK ONE MORE. THERE WE GO. SO THAT NINE FOOT, YOU KNOW, THERE'S A, THE PRIOR PICTURE SHOWS A MEASURING TOWARDS THE SIDEWALK. SO, SO IS THAT NINE FOOT MY ASSUMED PROPERTY LINE? SO THE DISTANCE FROM THAT POLE TO THAT TAPE MEASURE RIGHT THERE IS NINE FOOT? YES. CORRECT. OKAY. SO THE POLE THEN APPEARS TO BE NINE FOOT IN FROM THE PROPERTY LINE, WE'LL ASSUME. AND SO, SO THEN THE EVE APPEARS TO BE A SIX FOOT EVE AND IT DOES LOOK LIKE IT'S CANTILEVERED OUT. SO IT LOOKS LIKE THEY DO HAVE A PRETTY LARGE CANTILEVERED CANOPY. MM-HMM. . UM, BUT, UH, YOU KNOW, JUST TRYING TO, YOU KNOW, I GUESS BRING CLARITY. UM, ONE OF THE QUESTIONS THAT WAS ASKED EARLIER WITH REGARDS TO THE SIDE OF THE PROPERTY, IT, YOU KNOW, WHEN I LOOK AT THE PICTURE, SO THERE'S A DRIVEWAY. THERE WASN'T, UM, THE POSTS THAT ARE CURRENTLY THERE ARE, THEY'RE PHYSICALLY ATTACHED TO, UM, LET'S SEE, BACK UP THE DRIVEWAY THAT IS CURRENTLY THERE, THAT THE POSTS ARE ON, THAT DRIVEWAY APPEARS TO LINE UP WITH THE SIDE OF THE HOME. IS THAT CORRECT? FROM YOUR KNOWLEDGE? I DON'T, BEL I DO NOT BELIEVE TO BE THE CASE THAT THAT IS, DOES NOT ALIGN WITH, UH, YOU'RE SAYING. SO IT'S A LITTLE BIT WIDER THAN THE HOUSE, SO YEAH, SURE. 'CAUSE IT DOES LOOK LIKE IT, THERE IS A PIECE THAT IS EXTENDED, BUT THE FRONT PART LOOKS LIKE IT, IT KIND OF DOES ALIGN WITH THE HOUSE. BUT MAYBE, UM, 'CAUSE BECAUSE IF I LOOK THERE, I SEE THE FENCE ON THIS PICTURE HERE OR, OR THE ONE, THERE'S ONE ON THE SCREEN HERE. UM, SO IF YOU BACK UP ONE WHERE IT SHOWS THE FRONT OF THE FACILITY OR THE FRONT OF THE, THE CARPORT. THERE WE GO. SO IT'S GOT A FENCE THERE AND THE FENCE LOOKS LIKE IT'S ABOUT, WE'LL SAY FOUR FEET OFF FROM THE, FROM I BELIEVE IT'S FIVE FEET OR FIVE FOOT. FIVE FEET. I BELIEVE SO. SURE. SO, AND, AND SO, SO THE HOUSE ALSO LOOKS TO BE ABOUT FIVE FOOT AWAY HERE. I'M GONNA SAY FIVE FOOT. YEAH. SO, SO THEN, SO MY, MY POSITION IS, I GUESS, OR WHAT MY OBSERVATION IS THAT THE DRIVEWAY DOES ALIGN WITH THAT SIDE OF THE HOUSE. AND SO BASICALLY THE WHOLE PIECE IS FIVE FOOT OVER EXCEPT FOR THE OVERHANG, RIGHT? YEAH, I, I DO NOT BELIEVE, SIR. UH, BASED ON MY RECOLLECTION, UH, UH, I HAVE WALKED THE PROPERTY AND IF I RECALL CORRECTLY, AND I CAN DEFER TO, UH, THE, UH, DAUGHTER OF THE HOMEOWNERS, I BELIEVE THE, THE ACTUAL DRIVEWAY, UH, IS UH, BEYOND THE, THE STRUCTURE OF THE HOME. BUT LET ME, LET ME, UH, LET ME DEFER TO, TO MS. YES. SO IF WE BRING UP GOOGLE DRIVE, IF WE COULD YEAH. YEAH. SO THAT PICTURE THERE, 'CAUSE IT DOES SHOW THERE'S A, YEAH, IT DOES SHOW THAT THE DRIVEWAY IS ALIGNED AS LONG AS THE DRIVEWAY IS AN ATTITUDE, THEN IT IS PARALLEL, ESSENTIALLY TO THE LINE OF THE HOUSE. YEAH. THIS THE, I'M, I ALSO AM QUESTIONING SOME OF THE DIMENSIONS THAT ARE ON THE, THE REQUEST. I MEAN, THIS, THIS LOOKS LIKE THE, THE EDGE IS FIVE FEET IN THE OVERHANG IS EXTENDING IN UPWARDS OF TWO, WHICH ISN'T EVEN A PROBLEM. UH, A STADIA NAME, STADIA NAME, HER NAME AND, AND WHERE SHE LIVES. THE ADDRESS, HER NAME AND WHERE SHE AT. GIVE HER THE MICROPHONE. YES. YEAH. PLEASE STATE YOUR NAME. UH, RE I LIVE ON 1 38 PILGRIM DRIVE. OKAY. SO IT, ARE YOU FAMILIAR WITH, HAVE YOU, YOU'VE SEEN THE CARPORT THEN? YES, I HAVE. I HAVE. OKAY. SO HERE'S SOME, SOME QUESTIONS THAT ARE BEING ASKED. IS THE SIDE OF THE CARPORT, THE POST, NOT THE OVERHANG, BUT THE POST, IS IT IN LINE WITH THE HOME? I BELIEVE SO, YES. OKAY. AND ON THE FRONT OF THE CARPORT, IT LOOKS LIKE YOUR POSTS ARE ABOUT NINE FEET AWAY FROM THE BACK OF SIDEWALK AND THEN IT OVERHANGS SLIGHTLY. MM-HMM, . OKAY. UM, AND IT, AND WE HEARD TESTIMONY THAT THAT'S ABOUT THREE FEET AWAY FROM THE BACK OF SIDEWALK. DOES THAT SOUND? YES. YES. CORRECT. OKAY. ALRIGHT. SO LET'S, IS THERE ANY QUESTIONS FOR THE, FOR THE, UH, APPLICANT? YEAH. YES. COMMISSIONER KAPLAN, OF COURSE. ME. WOULD YOU CONSIDER PUTTING, CUTTING BACK SOME OF THAT SIDE OVERHANG WITH THE NEIGHBOR AND PUTTING GUTTERS SO TO ALLEVIATE NO, ABSOLUTELY. THAT'S GONNA BE ONE OF THE RECOMMENDATIONS. OH, YOU, YOU SAID LIKE NO, YOU MEAN YES. . YES. OKAY. OKAY. SO A QUESTION FOR STAFF. IF THIS, IF THE SIDE OF, OF THIS CARPORT IS AT FIVE FEET AND THEN THE OVERHANGS NO MORE THAN TWO FEET, IS THAT EVEN A VIOLET? IS THAT EVEN NEED A VARIANCE? IT DOES NOT. OKAY. OH, OKAY. YEAH. 'CAUSE I, I, I THINK THE DIMENSIONS THAT ARE ON ARE ON THIS. IS, THIS THING IS SAYING THAT IT'S A, THAT THE SIDE IS, [02:55:01] IS ONE FOOT THREE INCHES. IT SAYS A FOUR FOOT NINE VARIANCE FROM THE FIVE FOOT TO ALLOW CARPORT TO BE ONE FOOT THREE. AND, AND I DON'T EVEN, SO IT'S, IT'S A ONE FOOT, THREE INCH OVERHANG TO BE THREE INCHES FROM THE SIDE PROPERTY LINE. YEAH. I DON'T, I DON'T, IT, IT LOOKS LIKE THE SIDE OVERHANG. IT DOESN'T EVEN LOOK LIKE IT'S THAT CLOSE. YEAH, THAT'S WHAT WE MEASURED. BUT IF THE APPLICANT IS STATING OTHERWISE, BY ALL MEANS, AND THEN ON THE FRONT IT SHOULD, IT LOOKS LIKE IT, IT'S, IF THE POST IS SET BACK AT NINE, THEN THE POST IS ONE FOOT ENCROACHING AND THEN THE OVERHANG COULD BE ENCROACHING INTO THE LAST FIVE FEET, TWO FEET. UM, I, COMMISSIONER DEAN, I THINK WE NEED SOME CLARIFICATIONS ON THE MEASUREMENTS BEFORE SO WE HAVE SOME CLARITY. 'CAUSE I'M CONFUSED ON, UH, I JUST DON'T WANNA VOTE WRONG, YOU KNOW. YEAH. UM, AND SO DOES, DOES ANYBODY, UH, ELSE ON THE COMMISSION, UM, THINKING WHAT I'M THINKING ABOUT A CONTINUANCE SO THEY CAN GET SOME HARD MEASUREMENTS ON THIS THING? CONTINUOUS A CONTINUING WOULD BE GREAT. YEAH. SO DO Y'ALL UNDERSTAND WHAT WE'RE, WE'RE GETTING AT? WE'RE WE WOULD LIKE TO CONTINUE THIS CASE FOR TILL THE FIRST MEETING IN JANUARY. AND, AND, AND THE REASON WHY IS WE NEED SOME D REAL MEASUREMENTS FROM THE BACK OF SIDEWALK TO THE POST, FROM THE BACK OF SIDEWALK TO THE OVERHANG, AND THEN FROM THE SIDE, YOU KNOW, HOW FAR IS IT AWAY FROM YOUR SIDE PROPERTY LINE? CERTAINLY WOULD RESPECT, UH, YOUR DECISION COMMISSIONER AND, UH, CHAIRMAN, MR. CHAIRMAN. UH, I CAN JUST SAY THAT, UH, IN THE INTEREST OF GETTING THE CASE RESOLVED, THE FAMILY IS, IS, UH, BEEN SUBJECTED TO HARDSHIP. THEY'RE, BECAUSE OF THE REMODELING OF THE, OF THE PROPERTY, UH, OF THE HOME, THEY'VE, UH, BEEN FORCED TO, TO RELOCATE AND THEY'RE CURRENTLY, UH, LIVING UNDER REAL ADVERSE CONDITIONS. BUT CERTAINLY I RESPECT, UH, WHATEVER YOUR DECISION STAFF IS, IS THERE A BUILDING PERMIT ON HOLD BECAUSE OF THIS AT THIS POINT? OR IS IT SOLELY JUST A CARPORT? IT IS JUST A CARPORT PERMIT. SO, SO W WHY, WHY ARE NO ONE LIVING IN THE HOUSE THEN IF, IF IT'S SO SOLELY A CARPORT? PARDON ME? WELL, THIS, IF THIS IS JUST FOR THE CARPORT, THERE'S, THERE'S NOTHING KEEPING ANYONE FROM LIVING IN THE HOME. WELL, BECAUSE THERE'S THE REMODELING THE HOME AS WELL. YES, SIR. OKAY. DO THEY HAVE PERMITS MR. CHAIRMAN? YES, THEY DO. OKAY. SO YES, THEY DO. SO HERE'S WHAT, HERE, HERE'S, HERE'S WHAT COULD HAPPEN. WE, WE COULD ENTERTAIN A MOTION TODAY. UH, I PERSONALLY DON'T FEEL COMFORTABLE. UM, I MEAN WITH WHAT IS PUBLISHED HERE, IT WOULD HAVE TO BE, I WOULD, I WOULD CHANGE IT TO, FOR WHAT WE'RE THINKING OR WHAT WE CAN SORT OF SEE FROM THE PICTURES AND THAT MAY NOT SERVE YOU WELL. CERTAINLY I, AGAIN, I RESPECT THAT AND I WOULD JUST LIKE TO REMIND YOU THAT, UH, WE HAVE VERY STRONG, UH, SUPPORT FROM THE NEIGHBORHOOD ASSOCIATION AND FROM THE NEIGHBORS SENATE, BUT I CERTAINLY RESPECT YOUR DECISION. SO, YOU KNOW, SO, YOU KNOW, SO I, I HONESTLY DON'T SEE ANYTHING WRONG WITH WHAT'S BEING ASKED. HOWEVER, I THINK, YOU KNOW, ONE OF THE THINGS THAT WE'RE TRYING TO FIGURE OUT IS REALLY WHAT THAT DISTANCE IS. AND IF WE WERE TO PROVE IT AS WRITTEN, IT, IT MAY BE MORE THAN WHAT YOU NEED THAN YOU TRULY NEED. AND THAT'S WHAT ONE OF THE THINGS THAT WE ALWAYS KIND OF TALK ABOUT. AND SO, SO I, SO HONESTLY, WHEN I SEE BEING BUILT, YOU KNOW, I'M, I'M PERSONALLY, I'M OKAY WITH IT, BUT I DO WANT TO, YOU KNOW, ENSURE THAT WE ARE GIVING YOU WHAT IS THAT YOU NEED, AND THAT'S WHY WE'RE ASKING FOR THOSE MEASUREMENTS. VERY GOOD. DOES THAT MAKE SENSE? SUNNI? SO ARE YOU WANTING US TO MOVE FORWARD TODAY OR, OR CAN YOU NO, I, I, AGAIN, AS I STATED, UH, IT CERTAINLY WOULD RESPECT YOUR DECISION IF YOUR DECISION AND THE CONSENSUS OF THE, OKAY. IF I POSTPONE, HOLD ON. MR. CHAIRMAN. HOLD. HOLD. OKAY, WE'RE GONNA GO TO, UM, UH, CHRISTIE FLORES FIRST. GO AHEAD. OKAY. SO BASED ON THESE PICTURES, UM, I BELIEVE THE CONVERSATION WE HAD IS, UH, WE WANTED TO MAKE SURE WE'RE A LITTLE BIT MORE INSIDE OF THE SIDE SETBACK, BUT THE PICTURES RIGHT NOW, THE WAY THEY'RE CALCULATED, UNLESS THEY'RE BUILDING MORE, THEY HAVE THE FOUR FOOT 10 INCH OF THE POLE AND THEN AN OVERHANG OF ABOUT 14 INCHES, WHICH THEIR SIDE SETBACK WOULD BE THREE FOOT EIGHT INCHES, WHICH WOULD NOT REQUIRE A, UM, A VARIANCE. OKAY. FOR THE SIDE SETBACK AS IT IS RIGHT NOW, SHOWING ON THE PICTURES. SO THIS ONE, UM, IF THAT IS THE, THE, THE CASE HERE, UM, AND IF YOU GUYS WANT TO JUST, UH, MAKE A MOTION ON THE FRONT SETBACK, UM, THAT COULD BE A OPTION. UH, MR. CHAIRMAN, COMMISSIONER Z AGAIN, WE, WE GOTTA GIVE, UH, THE APPLICANT THE OPPORTUNITY TO SAY YES, IT'S GONNA, YEAH, I KNOW. GET THIS OVER WITH. SO HERE'S [03:00:01] WHAT'S HAPPENING. IT LOOKS LIKE YOU DON'T NEED A VARIANCE ON THE SIDE AND IT LOOKS LIKE YOUR VARIANCE ON THE FRONT, UH, YOU'RE ASKING FOR A LITTLE BIT MORE THAN WHAT YOU NEED. UH, SO WOULD YOU LIKE TO COME BACK THE FIRST MONDAY IN JANUARY AND WITH SOME REAL DIMENSIONS AND THEN HAVE US MAKE A MOTION ON WHAT YOU'RE INTENDING TO BUILD? OR DO YOU WANT US TO TAKE A STAB AT IT RIGHT NOW? TELL ME WHAT MR. CHAIRMAN, THE, THE OWNER OF, OR THE REPRESENTATIVE OWNER OF THE PROPERTY IS ASKING THAT WE PROCEED. OKAY. WITH ALL DUE RESPECT. ALL RIGHT, SO HERE'S, HERE'S WHAT'S, UM, WITH THAT, IF NOBODY MINDS, DO YOU MIND IF I MAKE A MOTION ON THIS? ALRIGHT, SO, OKAY, REGARDING CASE NUMBER BO EIGHT DASH 23 DASH HUNDRED 3 0 3 9, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST, UH, FOR A, I'M GONNA SKIP ITEM ONE. I'M GONNA MOVE ON TO ITEM TWO FOR ITEM TWO. A 2 2, 2 AND A HALF FOOT VARIANCE, I'M SORRY, SEVEN AND A HALF FOOT VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A, TO ALLOW A CORE PORT WITH A APPROXIMATE SIX FOOT OVERHANG TO, TO LIE WITHIN TWO AND A HALF FEET FROM THE FRONT PROPERTY LINE SITUATED AT 1 38 PILGRIM DRIVE. APPLICANT BEING, UM, JOSE GALLEGOS BECAUSE THE TESTIMONY YOU PRESENTED US AND THE FACTS THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED TO THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE PUBLIC IS INTEREST IS REPRESENTED BY THE MINIMUM, UH, FRONT SETBACK REQUIREMENTS BETWEEN A STRUCTURE AND A PROPERTY LINE. STAFF FINDS THE REDUCED FRONT, REDUCED FRONT SETBACK WOULD NOT BE CONTRARY TO THE PUBLIC INTEREST AS A CARPORT WOULD STILL HAVE A SUITABLE DISTANCE FROM THE FRONT PROPERTY LINE. TWO, DUE TO SPECIAL CONDITIONS THAT LITERAL ENFORCEMENT OF THE ORDERS WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF HAS FOUND SPECIAL CONDITION CONDITIONS THAT LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE AN UNNECESSARY HARDSHIP FOR THE SIDE AND FRONT SETBACK FOR THE FRONT SETBACK, I APOLOGIZE, AS REQUESTED AS A CARPORT HAS ALREADY CONSTRUCTED THREE. BY GRADING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. SPIRIT OF THE ORDINANCE WAS, IS DEFINED AS THE INTEREST OF THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE INTENT OF THE, OF THE FRONT SETBACK REQUIREMENTS IS TO ALLOW ADEQUATE SPACE BETWEEN THE PROPERTY STRUCTURES AND ATTEMPT TO REDUCE ITS IMPACT ON NEARBY PROPERTIES. THE SPIRIT OF THE ORDINANCE WOULD RESERVED AS A MODIFIED SET FRONT SETBACK WOULD HAVE AN ADEQUATE SPACE FROM THE, FROM THE UH, FRONT BACK OF THE EXISTING, UH, PUBLIC RIGHT-OF-WAY SIDEWALK. NUMBER 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, THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE, WHICH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE CARPET WILL NOT SUBSTANTIALLY ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THERE ARE OTHER CARPORTS OBSERVED IN THE SURROUNDING AREA. SIX PLIGHT TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL OR NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT. AND WHISTLE THE PROPERTIES LOCATED STAFF FINDS THAT THE PLIGHT OF THE OWNER OF THE PROPERTY FOR ITS VARIANCES ARE SOUGHT, UH, ARE DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THAT PROPERTY DOES NOT APPEAR TO PROVIDE ENOUGH SPACE TO ACCOMMODATE THE PROPERTY IN. THERES DESIRED CARPORT, UH, DIMENSION SETBACK FROM THE BACK OF THE FRONT SIDEWALK WHILE STILL ADHERING TO THE MINIMUM FRONT SETBACK REQUIREMENTS AND A MOTION SECOND. A SECOND BY COMMISSIONER MANNA. SO I'LL START OFF. SO I DIDN'T READ THE FIRST ONE ON THE SIDE 'CAUSE I DON'T THINK THEY NEED ONE. UH, I REDUCED THE FRONT BECAUSE WE HEARD TESTIMONY THAT THE FRONT WAS WITHIN THREE FEET TO THE BACK OF SIDEWALK, BUT IT BE SAFE. I LISTED IT AS TWO AND A HALF FEET. UM, AND UH, AND I'M AN APPROVAL FOR WHAT I READ AS COMMISSIONER MANNA. I CONCUR WITH MY COLLEAGUE. ALRIGHT, ANY OTHER COMMISSIONERS YOU'D LIKE TO ADD? LET'S HAVE A ROLL CALL. VOTE CHAIR. ORIAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER MANA, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? I CONCUR. COMMISSIONER KAPLAN, I CONCUR. COMMISSIONER EZ. I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER ZUNIGA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER BRAGMAN? I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER ZUNA? YES, I CONCUR. ALL RIGHT. MOTION PASSES. 11 TO ZERO. SO DID YOU, DID YOU UNDERSTAND WHAT WHAT WE DID? YES SIR. OKAY, SO THE TWO AND A HALF FEET, YOU SHOULD BE FINE 'CAUSE EVERY WE'VE HEARD THREE FEET, UH, AS A GENERAL, UH, SETBACK. SO, ALRIGHT. IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. THANK YOU VERY MUCH MR. [03:05:01] CHAIRMAN, MEMBERS OF THE COMMISSION? MM-HMM. , UH, I JUST WANNA THANK YOU AND EXTEND TO YOU A VERY HAPPY AND HOLIDAY SEASON AND THANK YOU FOR YOUR SERVICE. THANK YOU VERY MUCH. UH, MR. UH, ARE YOU GONNA BE INVOLVED WITH, UH, THEN, UH, LET'S SEE THAT HE GET PERMITS BEFORE WE START ANYTHING? YES SIR. YES, SIR. I DO PLAN TO BE INVOLVED, UH, IN ASSISTING. I'M ADVOCATING FOR THE FAMILY. ALL RIGHT. UH, THEY'RE SPANISH SPEAKING AND UNFORTUNATELY ARE NOT FAMILIAR WITH THE ORDINANCES AND THE PROCESS. SO I WILL BE ENGAGED, UH, THROUGHOUT THE PROCESS, UH, AS WELL AS PRESENTING TO THE, TO THE CITY COUNCIL. OKAY? YES, SIR. THANK YOU. THANK YOU VERY MUCH. THANK YOU. IS THE APPLICANT FOR ITEM 10 HERE? YES, SIR. ALRIGHT, UH, LET'S HEAR ITEM NUMBER 10 WE'RE ABOUT, OKAY, FIVE O'CLOCK BE FOUR 30. WE NEED THE MINUTE REGARDING CASE. UM, FOR BO OA DASH TWO THREE DASH 0 3 0 3 8. ADDRESS IS 29 27 MACARTHUR AVENUE COUNCIL DISTRICT FOUR. THE APPLICANT IS FRANCISCO LOPEZ AND THE REQUEST IS FOR ONE, A TWO FOOT VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A STRUCTURE, A ACCESSORY STRUCTURE WITH AN EIGHT INCH OVERHANG TO BE EIGHT FEET FROM THE PROPERTY FRONT PROPERTY LINE TWO, A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT REAR SETBACK TO ALLOW A ACCESSORY STRUCTURE WITH A ONE FOOT TWO INCH OVERHANG TO BE ONE INCH FROM THE REAR PROPERTY. LINE THREE AND EIGHT FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A FENCE TO BE SEVEN FEET FROM THE FRONT DRIVEWAY. FOUR, A REQUEST FOR A VARIANCE FROM THE FENCE MATERIALS TO ALLOW FOR A CORRUGATED METAL FENCE IN THE REAR YARD. AND FIVE, A VARIANCE TO ALLOW AN ACCESSORY STRUCTURE IN THE FRONT YARD. THE ZONING IS RESIDENTIAL MIXED DISTRICT. THE SUBJECT PROPERTY IS LOCATED ON MACARTHUR AVENUE IN A NEIGHBORHOOD WEST OF SOMERSET ROAD AND SOUTH OF SOUTHWEST MILITARY DRIVE. THE CURRENT ACCESSORY STRUCTURE DOES NOT MEET THE FRONT, REAR AND CLEAR VISION REQUIREMENTS. THE FENCE IN THE REAR YARD IS NOT CONSTRUCTED FROM APPROVED FENCING MATERIALS AND THE ACCESSORY STRUCTURE IS IN THE FRONT OF THE PROPERTY. UPON SITE VISITS. STAFF DID NOT OBSERVE AN EX ANY ACCESSORY STRUCTURES LOCATED IN FRONT OF THE PRIMARY STRUCTURE ON SURROUNDING RESIDENTIAL PROPERTIES. STAFF ALSO OBSERVED FENCES CONSTRUCTED OF APPROVED FENCE MATERIALS ON SURROUNDING PROPERTIES. THIS IS THE SITE PLAN. THIS IS THE SUBJECT PROPERTY. THIS IS THE SIDE SETBACK, THE REAR SETBACK, AND THE CORRUGATED METAL FENCE. THE REAR SETBACK WITH THE OVERHANG AT THE TOP. THE CLEAR VISION MEASUREMENT, THE MORE OF THE CORRUGATED METAL FENCE, AND THAT'S THE ACCESSORY STRUCTURE. AND HERE'S THE SURROUNDING AREA HERE. STAFF RECOMMENDATION FOR THE FRONT SETBACK, REAR SETBACK, CLEAR VISION, FENCE, MA FENCE MATERIALS, AND ACCESSORY STRUCTURE IN THE FRONT YARD. VARIANCE STAFF RECOMMENDS DENIAL IN BO OA DASH TWO THREE DASH 1 0 3 0 0 3 18 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE ACCESSORY STRUCTURE WILL NOT OBSERVE THE SPIRIT OF THE ORDINANCE AS THE STRUCTURES IN FRONT OF THE PRINCIPAL STRUCTURE. TWO, THE FRONT YARD FENCE ENCROACHES INTO THE MINIMUM CLEAR VISION SPACE REQUIRED FOR THE PROPERTY. AND THREE, THE REAR FENCE IS NOT CONSTRUCTED OF APPROVED FENCE MATERIALS. 23 NOTICES WERE MAILED OUT. ZERO IN FAVOR, ZERO IN OPPOSITION. RECEIVED. AND THERE'S NO NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET. ALL RIGHT, THIS CONCLUDES STAFF PRESENTATION. THANK YOU. LET'S HAVE THE APPLICANT COME FORWARD. UH, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE. UH, MY NAME'S FRANCISCO LOPEZ. AND UM, THE REASON I BUILT THAT, SIR, IS 'CAUSE UM, I GUESS DOWN THE STREET AND BEHIND MY HOUSE, IT'S LIKE, UM, ABANDONED LIKE TREES AND LIKE A BIG OLD LAND BEHIND THE STORE, I GUESS. AND THEN, UM, I GUESS I WORK IN CONSTRUCTION PAINTING. THAT'S ALL I DO. AND THEN I GUESS THE, ALL THEM PEOPLE KEPT STEALING ALL MY PAINT, LIKE, UH, ANY LITTLE CHANCE I GET IT. I HAD, I HAVE A BUNCH OF PAINT AND THEN MY WIFE JUST ALL LIKE ME. YOU JUST NEED TO BUILD A GARAGE AT THIS POINT. I MEAN, THEY [03:10:01] KEEP STEALING EVERYTHING FROM ME, MY MACHINES, EVERYTHING. SO THAT'S WHAT I DECIDED TO BUILD. AND THAT'S THE ONLY REASON I BUILT THAT 'CAUSE. AND THEN IN BACK OF THE YARD, THERE'S A BUNCH OF LIKE, LIGHTERS GOING ON AT NIGHT AND I MEAN, IT'S LIKE BAD STUFF OUT THERE. I MEAN, IT'S LIKE ILLEGAL STUFF. I MEAN, I DON'T KNOW. SCARY STUFF IN MY BACKYARD. , LIKE, I MEAN, AND THEN CLEARLY IN THE CORNER THEY'RE THERE. I MEAN, A BUNCH OF HOMELESS GUYS RIGHT IN THE CORNER OF MY HOUSE. I MEAN, JUST LIKE THEY, ANY LITTLE CHANCE I GET, THEY STEAL ALL MY PAINT. I MEAN MATERIALS AND LADDERS AND, AND ANY LITTLE STUFF I LEAVE OUT THERE, I MEAN, IT, IT'S JUST A GARAGE. OKAY, WELL, BEFORE WE OPEN THIS UP FOR QUESTIONS, DO WE HAVE ANY VOICEMAILS? UH, NO VOICEMAILS. AND, UH, IF WE HAVE SOMEONE SIGN UP TO SPEAK, I BELIEVE THIS GENTLEMAN WANTED TO SPEAK ON THIS CASE. SIR, ARE YOU HERE TO SPEAK ON THIS CASE? YES, SIR. ALRIGHT. UH, IF YOU COULD, UH, PLEASE GIVE STAFF YOUR NAME. UH, THEY HAVE TO DOCUMENT THAT FOR THE RECORD, AND YOU CAN HAVE A SEAT AND WE'RE GONNA HEAR FROM THIS GENTLEMAN AND THEN WE'LL SEE IF WE HAVE QUESTIONS. HOLD, I'M SORRY, SIR, COME BACK UP HERE. LEMME JUST ASK YOU A QUICK QUESTION WHILE WE'RE WAITING. UH, SO DID YOU TAKE UP, UM, VEHICLE PARKING ON YOUR PROPERTY TO BUILD, UH, THE STORAGE? UH, NO, SIR. THERE'S, THERE WAS, UM, TWO PARKING LOTS, LIKE TWO, TWO GATES THAT OPEN. AND, UH, RIGHT THERE WHERE THE JEEP IS AT, THAT'S WHERE LIKE FOUR CARS FIT. THAT'S WHERE I PARK ALL MY CARS AT, WHERE THE JEEP IS AT. OKAY. IS THAT, BUT IS THERE, THERE'S LIKE MY BIG OLD GATE RIGHT THERE. OKAY. SO YOU DO HAVE A DRIVE, A DRIVEWAY CUT ON THE SIDEWALK? YES, SIR. YEP. YES, SIR. YES, SIR. SO THIS IS, OKAY. AND THEN, BUT IT IS USED FOR STORAGE PURPOSES? OH, YES, SIR. I HAVE ALL MY PAINT IN THERE AND THEN EVERYTHING IS SAFE IN THERE. I MEAN, OKAY. WELL THEN, UH, I SEE THAT WE'VE, WE'VE GOT ALL THE PAPERWORK IN ORDER. LET'S HAVE THIS GENTLEMAN COME UP AND ALL RIGHT, SO YOU'VE GOT THREE MINUTES. TELL US YOUR THOUGHTS, OKAY? YES, SIR. MY NAME'S JOSE MARTINEZ. UH, I HAD LIVED THERE AT MY HOUSE, WHICH IS RIGHT NEXT DOOR TO HIS FOR 54 YEARS. AND THE WAY THE HOUSE WAS AND EVERYTHING, I MEAN, IT WAS, I'VE BEEN FOR A LONG TIME. HE BOUGHT IT, HE DID SOME REPAIRS TO IT AND EVERYTHING. AND LIKE HE SAID, ON THE BACK LOT, IT'S WOODS. I COMPLAINED TO THE CITY SO MANY TIMES ABOUT THE GAS STATION AT 72 23 SOMERSET ROAD TO DO SOMETHING ABOUT THEIR LOT THEY NEVER HAD DONE THAT CITY COMPLAINT HAS SAID, WE CITE 'EM, WE CITE 'EM. I MEAN, IT CEMENTS RIGHT THERE. THERE ARE PEOPLE THAT GOES BACK THERE. SO SOMETHING HAD TO BE DONE. THIS MAN PUT A FENCE WHERE NOBODY CAN JUMP IN IT. WELL, THAT FENCE HAD BEEN THERE FOR A LONG TIME ON THAT. THEY HAD BEEN THERE FOR ABOUT, UH, ABOUT 20, 25 YEARS. THE BACK FENCE ON THE BACK LOT FACE, UH, ON THE FRONT. I MEAN, I DON'T SEE NOTHING REALLY WRONG WITH IT. THE ONLY THING I SAY GO ABOUT IT IS SOMEBODY FINALLY MOVE IN THERE AND TRY TO GO GET SOME OF THE HOODLUMS AROUND THERE TO GO IN THERE AND SLEEP OVERNIGHT AROUND THERE, YOU KNOW? AND, AND WHERE AND WHERE DO YOU LIVE, SIR? WHAT, WHAT'S YOUR ADDRESS? 29 35 MCAA AVENUE. I'M HIS NEIGHBOR NEXT DOOR. OH, NEXT, OKAY, NEXT DOOR. NEW GOT, YES, SIR. GOT IT, SIR. AND, AND YOU'RE IN FAVOR OF, OF THIS? YES, I AM. OKAY. ALRIGHT. UH, IS THERE ANY QUESTIONS FOR THE SPEAKER? UH, CRUZ. COMMISSIONER CRUZ. UM, SIR, YOU SAID THERE'S AN EMPTY LOT. WHAT IS EXACTLY BEHIND YOUR, YOUR PROPERTY? NO, BESIDE OUR PROPERTY, MY PROPERTY, IT'S 190 FEET LONG. NO, NO. WHAT'S BEHIND YOUR PROPERTY? YOU'RE SAYING THERE THAT IT'S IT'S AN EMPTY LOT. YEAH. STAFF BRING UP THAT AERIAL ON THE SIDE, ON, ON THE PROPERTY. OH, IT'S ON THE SIDE. YES. SEE, BECAUSE MY LOT IS 190 FEET UHHUH . THIS IS ONLY 80 FEET. SO THERE'S A GAP BETWEEN YOUR PROPERTY AND HIS YEAH. ALL THE WAY TO THE BACK. OKAY. BUT WHAT'S BEHIND THE PROPERTY IN BACK OF HIS PROPERTY? IT JUST LOOK ON THE SCREEN. UH, SO THERE'S A GAS STATION AND THERE'S A VERY LARGE, UH, UNIMPROVED AREA THAT'S BEHIND THE AREA, CIRCLED IN RED. THIS GENTLEMAN IS, IS ON THE PROPERTY TO THE LEFT. OKAY. I I SEE IT NOW. THANK YOU. YEAH. YEAH, BECAUSE I, LIKE I SAID, EVERY YEAR I COMPLAIN, I FINALLY GIVE A COMPLAINT BECAUSE NOTHING GETS DONE. OKAY. AND AND YOU'RE NOT OPPOSED TO THE USE OF CORRUGATED METAL FOR A FENCE MATERIAL? NO. OKAY. IT, IT DOES CUT PEOPLE FROM TRYING TO JUMP FENCE WITH THAT ONE RIGHT THERE. I UNDERSTAND. UH, IS THERE ANY, UH, ADDITIONAL QUESTIONS FOR THE SPEAKER, MANNA OR MR. MANNA? SO, SO ONE QUESTION I GUESS, AND THIS, I GUESS I'LL GO WITH YOU FIRST, IS, UM, WHEN I DRIVE DOWN THAT STREET AND I LOOK, I REALLY DON'T SEE ANY OTHER GARAGES [03:15:02] ALL THE WAY TO THE STREET. AND SO, SO HE HAS A STRUCTURE THAT'S NOT NECESSARILY GARAGE ALL THE WAY TO THE STREET, AND SO, SO DOES HAVING, MOST OF THEM ARE EVEN WITH THE FRONT OF THE HOUSE. RIGHT. AND SO, SO DO YOU HAVE AN OPINION ABOUT WHETHER IT'S OKAY FOR THAT STRUCTURE TO BE IN FRONT OF THE HOUSE VERSUS EVEN WITH THE HOUSE? WELL, IT DON'T BLOCK MY VISION WHEN GO, WHEN I GO OUT. THAT'S WHAT HE'S TRYING TO SAY. OKAY. THAT'S IT. IT DON'T BLOCK MY VISION. OKAY. PERFECT. THANK YOU. YOU'RE WELCOME, SIR. OKAY, ANY OTHER QUESTIONS? OKAY. THANK YOU VERY MUCH, SIR. LET'S HAVE THE APPLICANT COME BACK FOR, UH, YOU'RE WELCOME. SO, UH, THIS ACCESSORY, UH, STRUCTURE THAT YOU BUILT YES, SIR. IT DOESN'T GO PAST THE BACK OF YOUR HOME, RIGHT? OH, NO, SIR. NO, SIR. OKAY. BECAUSE YOU'RE, ONE OF THE VARIANCES IS THAT, UH, A NINE FOOT, 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT REAR SETBACK TO ALLOW THE STRUCTURE, UH, TO BE ONE INCH FROM THE REAR PROPERTY LINE. IS, IS, IS, IS IT SAFE TO ASSUME THAT YOUR HOME IS ACTUALLY ON THE PROPERTY? Y ON THE BACK? YES, SIR. IT'S RIGHT ON THE RIGHT ON THE BACK LINE? YEAH. THERE'S NO GATE. THERE'S JUST MY, MY, MY HOME IS RIGHT THERE. IT JUST OKAY. STRAIGHT TO THE, LIKE THE ABANDONED AREA. OKAY. AND, AND, AND ON THE SIDE, THE, THE VARI THE APPLICATION IS SHOWING, UM, UH, A TWO FOOT VARIANCE IN THE MINIMUM 10 FOOT FRONT. SO YOU DON'T HAVE A SIDE SETBACK REQUIREMENT. YOU DO HAVE FIVE FEET ON THE SIDE OF THIS TO THE SIDE PROPERTY LINE. YES, SIR. YES, SIR. I JUST WANNA MAKE SURE THAT YOU HAD THE ABILITY TO PERFORM MAINTENANCE. UH, IS THERE ANY OTHER QUESTIONS FROM THE COMMISSION? MANNA COMMISSIONER? MANNA? SO, SO I GOT CONFUSED. OKAY. SO CAN YOU BRING UP GOOGLE PLEASE AND JUST MAKE SURE I'M LOOKING AT THE RIGHT HOUSE IN THAT. UM, AND SO, SO THE CORRUGATED METAL, UM, IS THAT YOUR BACK FENCE THEN? YES, THAT'S WHERE IT ANSWER. AND SO, AND SO THAT'S YOUR BACKYARD BASICALLY, AND JUST A REALLY CLOSE TO THE, TO THE BACK OF YOUR HOUSE, RIGHT? OKAY. YES, SIR. I DON'T HAVE A BACKYARD. IT'S JUST A GATE. IT'S JUST A METAL GATE. THE BACKYARD IS LIKE ABANDONED. IT'S NOT MY, MY YARD. IT'S NOT, IT'S JUST ABANDONED TREES. SO GIVE GO A STREET VIEW PLEASE. THERE WE GO. PERFECT. SO THAT, SO THE, UM, MULTICOLORED, UM, CORRUGATED METAL FENCE, THAT'S ESSENTIALLY YOUR BACKYARD. YES, SIR. THAT'S THE END. NOW IF YOU COULD DRIVE TO THE OTHER SIDE USING GOOGLE PLEASE. SO GO DOWN THE STREET AND ONE MORE. THERE WE GO. NOW LOOK BACK. WHOOP. LITTLE BIT TOO FAR. COME BACK. ONE MORE. OH, LET'S SEE. YEAH, FACE IT. OKAY. UM, SO, SO RIGHT HERE. SO, SO I GUESS WE'RE, YOU KNOW, I GUESS PART OF THE DIALOGUE WE'RE TALKING ABOUT THE CORRUGATED METAL. UM, AND THAT'S THE ONLY THING WE'RE TALKING ABOUT, THE FRONT FENCE. WE AREN'T WORRIED ABOUT IF I'M CORRECT WITH THE CITY. SO THE STRUCTURE THAT YOU HAVE COMES ALL THE WAY TO THE FORWARD. UM, WE AREN'T USED TO SEEING ACCESSORY STRUCTURES AT THE FRONT OF THE HOUSE. AND SO, UM, GARAGES, YES, CARPORTS, YES. BUT, BUT IT'S ACCESSORY STRUCTURES. AND SO I GUESS ONE QUESTION I'D ASK IS WHAT WOULD IT TAKE TO CONVERT THIS TO A GARAGE SO THAT IT BECOMES A GARAGE AND A LITTLE BIT EASIER TO KIND OF TALK ABOUT? UM, AND THEN, UM, AND THEN WHERE DOES THE BACK OF THAT GARAGE OR, OR THE BACK OF THIS ACCESSORY STRUCTURE STOP? BECAUSE IF I LOOK AT THE PICTURE, IT DIDN'T LOOK LIKE IT WENT ALL THE WAY TO THE BACK OF THE HOUSE. NO, IT DOESN'T. SO IT, IT STOPS BEFORE THE FRONT OF THE HOUSE, DOESN'T IT? DOES IT STOP BEFORE THE FRONT OF THE HOUSE? THE BACK OF THE STRUCTURE STOP BEFORE THE FRONT OF THE HOUSE? YEAH, LIKE IN THE BACKYARD, SIR. LIKE IN, UH, THERE'S LIKE THIS MUCH OF THE BACK OPEN LIKE GRASS THAT'S BE ON THE BACK OF YOUR HOUSE THOUGH. YEAH, RIGHT? OR THE BACK OF THE, OR THE STRUCTURE. THE STRUCTURE. SO THE STRUCTURE GOES ALL THE WAY IN FRONT THE FRONT OF THE PROPERTY TO THE BACK OF THE PROPERTY, ESSENTIALLY. YES, SIR. OKAY. BUT I, I, I STILL HAVE GRASS BEHIND THE, LET'S SAY MY HOUSE IS BEHIND, LIKE IT TOUCHES THE GATE. WELL, THE STRUCTURE DOESN'T, THE STRUCTURE IS LIKE A BIG OLD GRASS. I, I LEFT LIKE A THERE'S LAND BEHIND IN THE BACK. HOW, HOW MUCH ROOM? LIKE MORE THAN LIKE FIVE, SIX FEET IN BACK. YEAH. 'CAUSE THIS IS SAYING THAT YOU'RE ONE INCH AWAY FROM THAT FENCE. OH NO. THE THE METAL, THE THE , SIR. THE, THE CEILING THING IS, BUT THE STRUCTURE'S NOT THE, LIKE THE BODY OF THE ONLY, LIKE THE OVERHANG THING. IT'S, IT'S, UM, SO YOU, THE BACK OF THE ROOF COMMISSIONER ZUNIGA, UH, I'M GONNA ASK YOU THE SAME QUESTION THAT MR. MANNA ASKED YOU. YES SIR. WHAT WOULD IT TAKE INSTEAD OF HAVING THAT STRUCTURE THERE TO PUT GARAGE DOORS ON IT INSTEAD? [03:20:01] JUST ON THE FRONT? YEAH. IN THE GARAGE. SO IT, IT LOOKS BETTER THAT IT WAS, AND YOU GOT A, A DRIVEWAY THERE. OKAY. AND A CONCRETE DRIVEWAY. I MEAN, BUT NO, NO, WE CAN'T PUT THAT CONDITION. BUT WE'RE, WE'RE ASKING, I'M ASKING WHAT WOULD IT TAKE FOR IT TO LUX AND BLEND IN? OH, LIKE A GARAGE. I MEAN, LET'S SAY I JUST HAVE TO HIRE SOMEBODY TO PUT A GARAGE DOOR, SIR. LIKE IN, RIGHT IN THE FRONT OR, YES, HANKY. OKAY. UM, I, I REALLY NEED SOME MORE CLARIFICATION ON THIS, SETH. CAN YOU BRING UP THE PICTURE, UH, WHERE YOU'RE DIMENSIONING WHAT APPEARS TO BE THE STRUCTURE TO THE CORRUGATED METAL FENCE? I, I'M, I'M LOOKING AT THE ATTACHMENTS I DOWNLOADED FROM THE, UM, FROM THE ONLINE AGENDA. AND I, I'M, I'M JUST, I'M REALLY CONFUSED BECAUSE I, I, I, IT, UH, HE'S NOT ASKING FOR A SIDE SETBACK. HE'S ONLY ASKING FOR A REAR SETBACK. BUT THE APPLICANT JUST MENTIONED THAT HE HAD FIVE, SIX FEET FROM THE BACK OF THE STRUCTURE. THIS, THIS ACCESSORY STRUCTURE TO THE FENCE, THE BACK FENCE. YES, SIR. THERE, THERE'S LIKE A, A GOOD AMOUNT THERE. I MEAN LIKE, AND THEN THE ONLY THING THAT HITS THE, HOW YOU SAY, ONE INCH IS THE ROOF. IT, THE, THE, IF YOU LOOK AT PAGE FOUR OF THE ATTACHMENT, UM, THAT'S KIND OF WHAT WE WENT OVER. UM, IT LOOKS LIKE THE TRUCTURE IS ABOUT TWO FOOT AND TWO INCHES OR THREE INCHES, BUT THEN THEY HAD THE OVERHANG, WHICH KIND OF HANGS PRETTY MUCH TO THE ONE FOOT PROPERTY LINE. I'M TRYING TO FIGURE OUT WHEN HE SAID FIVE OR SIX FEET BECAUSE I'M NOT SEEING THAT. I THINK HE'S TALKING ABOUT THE SIDE, WHICH I'M NOT. I, I BELIEVE. OKAY. SO YOU PROBABLY HAVE FIVE OR SIX FEET ON THE SIDE THEN THAT'S WHY THERE'S NOT A REQUEST FOR A SIDE SET BACK, RIGHT? YEAH, THERE'S NO ISSUE WITH THE SIDE. OKAY. THAT'S WHY. JUST WANNA MAKE SURE I'M CLEAR ON THAT. OKAY. WELL, ANY OTHER QUESTIONS? YEAH, COMMISSIONER KAPLAN? NO. WHEN WE DO CORRUGATED FENCES, WE OFTEN ASK FOR IT TO BE CAPPED. WOULD YOU CAP THE TOP OF YOUR CORRUGATED FENCE SO THAT PEOPLE DON'T GET CUT WHEN THEY'RE CLIMBING OVER YOUR FENCE? I MEAN, WHATEVER YOU SAY, MY, THIS IS MY FIRST TIME HERE. I'LL DO WHATEVER YOU SAY. I DON'T WANNA GET IN TROUBLE AND MANNA MR. MANNA. SO, SO ONE MORE QUESTION FOR STAFF HERE. YOU KNOW, I'M STILL GOING DOWN THE PATH OF GARAGE DOORS ON THE SIDE OF THIS AND DOES THAT CHANGE IT? SO, SO, SO, UM, IF IT HAD GARAGE DOORS, UM, ON THE FRONT STREET FACING SIDE, WOULD THAT CHANGE ANY OF THIS DIALOGUE AT ALL? NO, SIR. IT WOULD NOT. OKAY. IT WOULD STILL BE CONSIDERED AN ACCESSORY STRUCTURE. CORRECT. AND UM, IS THAT BECAUSE IT'S NOT ATTACHED TO THE HOUSE? THAT'S CORRECT. OKAY. IT'S TO THE HOUSE. UM, AND THERE WAS A, UH, GARAGE ON THE FRONT THEN WOULD IT, IT WOULD BE A GARAGE ENCROACHING INTO THE FRONT SETBACK. YEAH. SO THERE'S A 10 FOOT FRONT SIDE FRONTHAND SIDE. YEAH. YEAH. IT WOULD STILL BE ENCROACHING A FRONT SETBACK. UM, WHETHER IT'S A GARAGE OR A, NOW OBVIOUSLY IT ATTACHED OR DETACHED GARAGE THE SIDE. IT DOESN'T NEED THAT 20 FOOT GARAGE SETBACK, BUT IT WOULD STILL NEED TO MEET THE FRONT SETBACK OF 10 FEET. OKAY. SO WE HAVE, UH, IF THERE'S NO OTHER QUESTIONS, I THINK WE CAN HAMMER THIS OUT WITH A MOTION AT SOME POINT. UM, IS THERE ANYTHING ELSE YOU'D LIKE TO ADD BEFORE WE UH, NO, SIR. OKAY. SO WE'VE GOT FOUR ELEMENTS OF THIS VARIANCE IS SOMEBODY, WOULD SOMEBODY LIKE, UH, COMMISSIONER, LIKE TO MAKE A, UH, MOTION TO GET THIS ROLLING ? SURE. I'LL READ IT AS IS MANA COMMISSIONER MANAM? YES. SO REGARDING CASE NUMBER BOA 2 3 1 0 3 0 0 3 1 8, I MOVED THAT THE BOARD ADJUSTMENT GRANT, THE REQUEST FOR ONE A TWO FOOT VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW US, UH, ACCESSORY STRUCTURE WITH AN EIGHT INCH OVERHANG TO BE EIGHT FEET FROM THE FRONT PROPERTY LINE, UM, TO A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT REAR SETBACK TO ALLOW AN ACCESS, AN ACCESSORY STRUCTURE WITH A ONE FOOT TWO INCH OVERHANG TO BE ONE. WELL IT SAID ONE INCH. SO ALTHOUGH THAT READS, IT DIDN'T LOOK MEASURED THAT WAY, BUT OKAY. FROM THE REAR PROPERTY LINE THREE, A EIGHT FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A FENCE TO BE SEVEN FEET [03:25:01] FROM THE FRONT DRIVEWAY FOR A REQUEST FOR VARIANCE FROM THE FENCE MATERIALS TO ALLOW A CORRUGATED METAL FENCE THAT IS CAPPED, UM, UH, IN THE REAR YARD. AND, UH, FIVE A VARIANCE TO ALLOW A ACCESSORY STRUCTURE IN THE FRONT YARD, UH, SITUATED AT 2 9 2 7 MACARTHUR AVENUE, APPLICANT BEING FRANCISCO LOPEZ. 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 LIBERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE WILL NOT, IS NOT CONTRARY TO THE PUBLIC INTEREST. STAFF FINDS THAT THE ACCESSORY STRUCTURE LOCATED IN THE FRONT OF THE FACADE AND THE FENCE CONSTRUCTED OF CORRUGATE METAL WILL NOT BE CONTRARY TO THE PUBLIC INTEREST AND REDUCED FRONT AND REAR SETBACKS, LEAVES SUITABLE DISTANCE FOR THE PROPERTY LINE AND REDUCE CLEAR VISION VARIANCES LEAVES ADEQUATE SPACE FOR ONCOMING TRAFFIC. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF HAS FOUND THAT THE LAW ENFORCEMENT OF THE ORDINANCE WOULD CAUSE AN UNNECESSARY HARDSHIP FOR THE REDUCED SIDE AND REAR SETBACKS. AS THE ACCESSORY STRUCTURE AND THE CORRUGATED METAL FENCE ARE ALREADY CONSTRUCTED IN THEIR ABSENCE WOULD PRESENT UNNECESSARY HARDSHIP TO THE PROPERTY OWNER. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED. THE SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED WITH THE APPROVAL OF THE FRONT AND SIDE SETBACK ALONG WITH THE FENCE MATERIAL AND ACCESSORY STRUCTURED VARIANCES AS ACCESSORY STRUCTURE AND CORRUGATED METAL FENCE PROVIDE AN ELEMENT OF SECURITY AND SAFETY TO THE PROPERTY OWNER. AND THE CLEAR VISION REQUIRE VARIANCE WILL STILL ALLOW ADEQUATE ROOM FOR ONCOMING TRAFFIC. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH HIS VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED IN 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 IS PROPERTY IS LOCATED. IF GRANTED, THE FRONT AND REAR SETBACKS ALONG WITH THE PLACEMENT OF ACCESSORY STRUCTURE IN THE FRONT OF THE PROPERTY, WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY AS THEY WOULD LEAVE SUFFICIENT ROOM FROM THE PROPERTY LINE. A CLEAR VISION REDUCTION, WHICH STILL ALLOW ADEQUATE ROOM FOR ONCOMING TRAFFIC AND THE USE OF CORRUGATED METAL FENCING IS FOR PROVIDING A SEPARATION BETWEEN THE PROPERTY OWNER AND THE ADJACENT LOT. SIXTH, THE PLY TO THE PROPERTY OWNER, UH, FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING IN THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL, NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT, WHICH IS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT ARE DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AS THE LOT DOES NOT LEAVE SUFFICIENT ROOM TO ALLOW FOR AN ACCESSORY STRUCTURE IN THE SIDE OR REAR OF THE PROPERTY, WHILE ALSO CONFORMING TO ALL SETBACK AND CLEAR VISION REQUIREMENTS. AN ADJACENT LOT WARRANTS A NEED TO USE A CORRUGATED METAL FENCE FOR SAFETY CONCERNS AND DEMOTION. IS THERE A SECOND? SECOND BY COMMISSIONER KAPLAN? COMMISSIONER MANNA. SO, UM, SO I READ THIS AS AS WRITTEN. UM, YOU KNOW, THE, YOU KNOW, I I, I CERTAINLY AM OPEN FOR ANY ADJUSTMENTS HERE. YOU KNOW, I DO AGREE WITH POSITION WITH REGARDS TO THE DEPTH OF THE PROPERTY THAT IT DIDN'T REALLY ALLOW FOR A LOT OF, UH, SPACE REGARDING, UM, AN ACCESSORY STRUCTURE. UM, THE, THERE IS PARKING ON THE SIDE, ALTHOUGH, UM, ONE THING THAT WILL HAVE TO HAPPEN FOR THE PARKING ON THE SIDE IS THAT THERE'LL HAVE TO BE SOME KIND OF, UM, UM, GROUND MATERIAL PUT IN TO, TO MAKE IT AN OFFICIAL DRIVEWAY ON THE SIDE OF THE PROPERTY. BUT ONCE THAT'S DONE, IT REALLY ISN'T A DRIVEWAY PERSPECTIVE AND IT'S JUST REALLY ACCESSORY STRUCTURE THAT'S IN FRONT OF THE LOT. SO, UH, BECAUSE OF THOSE, UM, UM, UNLESS SOMEONE WANTS REC MAKING RECOGNITION, I'LL BE VOTING AS APPROVED. COMMISSIONER KAPLAN. OH, OKAY. THIS IS MAYBE ONE OF THE WEIRDEST, UM, ACCESSORY STRUCTURES 'CAUSE WE DON'T NORMALLY SEE THEM RIGHT ON THE SIDEWALK. UM, BUT GIVEN THE SIZE OF THE LOT, GIVEN THE FACT THAT YOUR NEIGHBOR STAYED HERE TILL THE END AND WAITED AND GAVE YOU, HE DIDN'T MIND GLOWING RECOMMENDATIONS, I'M GONNA BE FORWARD TO, AND YOU DID IT, I MEAN, YOU DID A LOVELY JOB. PLEASE CAP THAT, THAT UM, FENCE. OKAY. UM, AND PAVE OVER THE AREA FOR YOUR DRIVEWAY. UM, BUT I CAN SEE THAT YOU ARE TRYING TO IMPROVE IT. SO IMPROVE YOUR, YOUR NEIGHBORHOOD. SO I WILL VOTE FOR IT. THANK YOU SO MUCH. ANY OTHER COMMISSIONERS? DEAN, COMMISSIONER DEAN, I'M GONNA BE SUPPORT OF THIS. UH, THE VARIANCE AS READ, UH, APPRECIATE UH, YOUR NEIGHBOR COMING OUT AND UH, TELLING US HOW GREAT OF AN IMPROVEMENT WAS, UH, REALLY HELPED, UH, WITH THIS. SO I WILL BE IN SUPPORT. ALRIGHT, ANYONE ELSE? HEARING NONE, LET'S HAVE A ROLL CALL. VOTE. COMMISSIONER MANA. [03:30:01] I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BERTON. NO, I DO NOT. CONCUR. COMMISSIONER ES? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ. I CONCUR. COMMISSIONER ZUNIGA. I CONCUR WITH THE FINES OF FACT. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER ZUNA? YES, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 10 TO ONE. UH, CONGRATULATIONS. IF YOU HAVE ANY QUESTIONS, UH, YOU CAN GET WITH STAFF. THANK YOU, YOU SO MUCH, HOLLY. YEAH. THANK YOU. THANK YOU. IS THERE A DIRECTOR'S REPORT? NO. OTHER THAN ENJOY THE HOLIDAYS. WELL, UH, THANKS FOR A GREAT YEAR, EVERYBODY. HAVE A MERRY CHRISTMAS AND A HAPPY NEW YEAR. SEE YOU IN JANUARY TOO. WE'RE ADJOURNED. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.