* 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] ALRIGHT. PLEASE BE KIND ENOUGH TO SILENCE ALL MOBILE DEVICES. THE MEETING OF THE BOARD OF ADJUSTMENTS WILL COME TO ORDER. STAFF, COULD YOU PLEASE CALL ROE? COMMISSIONER BURTON? HERE. COMMISSIONER VASQUEZ? YES. PRESENT. COMMISSIONER IVANEZ. COMMISSIONER DEAN PRESENT. COMMISSIONER CRUZ. HERE. COMMISSIONER ZUNIGA. COMMISSIONER MANNA PRESENT. COMMISSIONER BENAVIDES PRESENT. COMMISSIONER BRAGMAN. PRESENT. COMMISSIONER ZUNA. PRESENT. COMMISSIONER KAPLAN. PRESENT. COMMISSIONER ORIAN CHAIR. ORIAN CHAIR. ORIAN. CAN YOU HEAR CHAIR ORIAN IS AVAILABLE VIA TEAMS. OKAY. ALL RIGHTY. SO A QUORUM IS PRESENT. A QUORUM IS PRESENT. PLEASE STAND AND JOIN US IN THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES. BEFORE [ Briefing and Possible Action on the following items  ] WE PROCEED WITH TODAY'S CASES, I WOULD LIKE TO 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. AS CHAIR I WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS. I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME OF THE MEETING. WE ARE PRIVATE CITIZENS APPOINTED TO THE BOARD BY THE CITY COUNCIL. THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTINENT TO THE RELIEF SOUGHT AND DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE AS ADVISORY AND APPELLATE CAPACITY TO THE, THE DIRECTOR OF THE DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28. ARTICLE ONE, SECTIONS 28 THROUGH FIVE. IN ADDITION, WE HAVE POWERS TO HEAR CASES AT ANY OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11, TEXAS LOCAL GOVERNMENT CODE. EVERY DECISION IN A RECOMMENDATION TO THE BOARD WAS BE FOLLOWED, MUST BE BASED UPON FINDINGS OF FACT AND THAT EVERY FINDINGS OF FACT MUST BE SUPPORTED IN THE, IN THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT OR HIS REPRESENTATIVE, OR HIS OR HER REPRESENTATIVE WILL PRESENT THE PETITION AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD. ANY OPPOSITION TO THE REQUEST WILL BE PRE UH, PRESENTED IN A LIKE MANNER. AFTER EVERYONE HAS BEEN HEARD IN THE CASE IT WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION IN ORDER FOR THE MOTION TO CARRY. IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES. THE BURDEN OF PROOF IS GRANTING THE RELIEF SOUGHT REST WITH THE APPLICANT. THE APPLICANT MUST PRESENT THE FACTS WHICH WITH WHICH THE REQUEST OF RELIEF CAN BE LEGALLY GRANTED OR SUPPORTED. APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM THE ADMINISTRATIVE OFFICIAL. SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT OF LAW BASED ON THE RECORD OF THESE PROCEEDINGS. APPEALS FROM THE BOARD'S. DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. PLEASE LIMIT YOUR PRESENTATION REMARKS TO THE PERTINENT FACTS OF YOUR CASE. UH, STAFF WILL MAKE A BRIEF REP, UH, PRESENTATION INSTRUCTIONS ON SPEAKING TIME AND FOR WITNESSES. STAFF GOOD AFTERNOON. STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION AT A REQUEST. PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OR SPECIAL EXEMPTION AND PROPERTY WITHIN 200 FEET OF THE SUBJECT. PROPERTY CHECK MARKS INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION. FOLLOWING THIS PRESENTATION AND ANY QUESTIONS ABOUT THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST. [00:05:01] FOR THOSE THAT SIGN UP TO SPEAK, YOU'LL FOR, FOR OR AGAINST A PROPOSED VARIANCE FOR SPECIAL EXEMPTION, YOU'LL BE CALLED IN AN ORDER THAT YOU SIGN UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM OF THREE MINUTES PER SPEAKER AND YOU'RE NOT OBLIGATED TO UTILIZE A MAXIMUM TIME LIMITATION. FOR THOSE I WOULD LIKE TO GIVE UP THEIR TIME TO A SPEAKER. THAT SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS THE BOARD QUESTIONS. THANK YOU CHAIRMAN. THANK YOU. UH, WE HAVE A SPANISH INTERPRETER THAT'S AVAILABLE. I'D ASK THE SPANISH INTERPRETER TO PLEASE. GOOD AFTERNOON. S THANK YOU. ALRIGHT, LET'S PROCEED WITH FIRST CASE PLEASE. BEFORE WE DO THAT CHAIR, I'D LIKE TO MAKE SURE THAT MR. ORIAN CAN HEAR US. VERY GOOD. AND CAN YOU TEST YOUR MICROPHONE PLEASE, SIR? HELLO. THANK YOU VERY MUCH. PERFECT. YES. ALRIGHT. FIRST CASE PLEASE. ALL. FIRST CASE IS 3 3 6. GET THAT UP. OUR FIRST CASE IS LOCATED AT 71 0 2 EAST LOOP 1604 IN DISTRICT 10. UM, REQUEST FOR A FIVE FOOT SPECIAL EXEMPTION FROM THE MASS ON THREE FOOT HEIGHT TO ALLOW A EIGHT FOOT FRONT YARD FENCE AND A TWO FOOT SPECIAL EXEMPTION FROM A SIX FOOT PRIVACY FENCE. SIX FOOT FENCE HEIGHT TO ALLOW AN EIGHT FOOT SIDE OR REAR YARD FENCE ZONE C3 CD, GENERAL COMMERCIAL WITH A CONDITIONAL USE FOR OVERSIZED VEHICLE STORAGE. NEXT SLIDE PLEASE. SUBJECT PROPERTY LOCATED ON THE NORTH SOUTHWEST INTERSECTION OF NAGAS ROAD AND NORTH LOOP 1604 EAST. THE PROPOSED VARIANCE IS FOR OVERSIZED VEHICLE PARKING. THE APPROVED CONDITIONAL USE IS NORMALLY PERMITTED IN INDUSTRIAL ZONE PROPERTIES. INDUSTRIAL USE IS PERMITTED, PERMITTED EIGHT FOOT PREDO, UH, PERIMETER FENCE. HOWEVER, THE PROPERTIES BASED ZONE AND DISTRICT LIMITS THEM TO THE COMMERCIAL FENCE STANDARDS SLIDE. THIS IS A SITE PLAN. THIS IS SHOWING THE LOCATION IN RESPECT TO THE, UH, PROPERTIES BEHIND THE OTHER C TWO PROPERTIES THERE. SUBJECT PROPERTY. THE STAFF RECOMMENDS APPROVAL ON BO OA 23 1 0 3 0 0 3 3 6 BASED ON THE FOLLOWING, FOLLOWING FINDINGS OF THE FACTS OF APPEAL. SPECIAL EXEMPTION WILL ADD PRIVACY AND SECURITY TO THE SUBJECT PROPERTY AND SURROUNDING PROPERTIES OF COMMERCIAL INDUSTRIAL PROPERTIES AND THE PROPERTY HAS APPROVED CONDITIONAL USE FOR AN INDUSTRIAL USE. NEXT SLIDE PLEASE. 17 NOTICES MAILED OUT. TWO IN FAVOR, ZERO IN OPPOSITION AND NO REGISTERED NEIGHBORHOOD ASSOCIATION. AND THIS IS THE ONE RESPONSE THAT WE RECEIVED, BUT THEY OWN TWO PROPERTIES. AND JUST A QUICK CORRECTION. THE FIRST, UM, THE FIRST SPECIAL EXEMPTION IS A THREE FOOT SPECIAL EXEMPTION, NOT A FIVE FOOT SPECIAL EXEMPTION BECAUSE THIS IS GONNA BE A PREDOMINANTLY OPEN FENCE. SO THEY ONLY NEED A THREE FOOT SPECIAL EXEMPTION. AND THAT CONCLUDES STAFF'S REPRESENTATION. THANK YOU. ANY QUESTIONS FOR STAFF? APPLICANT, PLEASE COME FORWARD WITH YOUR PRESENTATION. GOOD AFTERNOON COMMISSIONERS. PATRICK CHRISTENSEN, THREE 15 EAST COMMERCE. WHAT HAPPENED ON THIS SITE IS WE, WE REZONED IT A FEW MONTHS AGO. IT'S THE SAME OWNER THAT OWNS THOSE THREE WAREHOUSES JUST TO THE SOUTH. THEY PURCHASE IT KIND OF FOR OVERFLOW PARKING. BUT AFTER WE FINISHED THE REZONING CASE, 'CAUSE AS YOU KNOW, UH, WHEN YOU DO A ZONING CASE, WHEN IT GOES TO COUNSEL, IF YOU NEED A THREE FOOT HEIGHT VARIANCE OR AN EIGHT FOOT FENCE AROUND YOUR YOUR PROPERTY, YOU CAN ASK FOR THAT TO BE INCLUDED IN, IN THE ZONING ORDINANCE. BUT WE DIDN'T DO THAT BECAUSE WE DIDN'T KNOW WHEN WE GOT IT REZONED. AFTER WE GOT A REZONED, WE GOT AN OFFER TO LEASE ONE OF THE WAREHOUSES FROM ROSS, DRESS FOR LESS, EXCUSE ME. AND ONE OF THEIR CONDITIONS, THEY WILL USE ONE OF THE WAREHOUSES FOR PRODUCT LOADING UP TRUCKS, THINGS LIKE THAT. BUT A LOT OF TIMES THE TRUCKS WILL BE PARKING IN THIS PARKING LOT FULL OF PRODUCT. AND AS PART OF THEIR LEASE, THEY WANT AN EIGHT FOOT FENCE JUST FOR SECURITY REASONS. 'CAUSE APPARENTLY THEIR TRUCKS GET BROKEN INTO ALL THE TIME. SO THAT'S WHY WE'RE ASKING FOR THE VARIANCE JUST TO ALLOW AN EIGHT FOOT FENCE AROUND THE PROPERTY SO THAT RAW STRESS FOR LESS CAN STORE TRUCKS THERE THAT HAVE PRODUCT IN THEM. AND THAT'S IT. HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE. THANK YOU. UH, ANY QUESTIONS FOR THE APPLICANT STAFF? WE HAVE ANY VOICEMAILS? THIS IS NO PUBLIC COMMENT. MR. CHAIR, ARE YOU USING YOUR MICROPHONE? YES. UH, I'M SORRY, I'M LETTING SLIPPED. KIND OF A LITTLE WEAK. THANK, THANK YOU, SIR. I APPRECIATE IT. I'M SORRY. . OH, WE GOT COMMISSIONER ZUNIGA. NOW [00:10:01] DID YOU HAVE A QUESTION FOR THE APPLICANT OR STAFF? NO, I, I'M, HE WAS JUST CHECKING IN. THINK HE WAS JUST CHECKING IN. OKAY. I GOTCHA. OKAY. I HAVE A QUESTION. OKAY. LET THE RECORD SHOW THAT, UH, TIME IS ONE 12 AND MR. ZUNIGA HAS CHECKED IN AND THERE'S NO PUBLIC COMMENT, NO PUBLIC COMMENTS. WELL, AT THIS POINT THEN THAT WOULD CLOSE THE PUBLIC PORTION OR, UH, MR. ORIAN ORIAN. YEAH. SO QUICK QUESTION. ARE YOU, ARE THEY WANTING A FENCE ON, ON ALL FOUR SIDES OF THIS OR JUST ON, UH, CERTAIN SIDES? YES. COMMISSIONER, ALL FOUR SIDES. IF, IF YOU CAN SEE FROM THE AERIAL, IT'S KIND OF BEHIND OTHER PROPERTIES. THAT'S, THAT'S, NO, NO. I'M, I'M HAPPY. THANK YOU. OKAY. THANK YOU. THANK YOU, SIR. I'LL MAKE A MOTION IF YOU WANT. YES, UH, PLEASE. MR. DO. ALL RIGHT. REGARDING CASE NUMBER BO OA 23 DASH 1 0 3 0 0 3 3 6, I MOVED AT THE BOARD OF ADJUSTMENT. GRANTED A REQUEST FOR ONE, A THREE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT FENCE SITE TO ALLOW AN EIGHT FOOT, PREDOMINANTLY OPEN FRONT YARD FENCE AND TWO, A TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT FENCE SITE TO ALLOW AN EIGHT FOOT PREDOMINANTLY OPEN SIDE AND REAR YARD FENCE SITUATED AT 71 0 2 EAST LOOP 6 0 4. APPLICANT BEING PW CHRISTENSON PC 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 UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER DEFENSE SITE BEING REQUESTED IS AN EIGHT FOOT PREDOMINANTLY OPEN PERIMETER FENCE. IF ED STAFF FINDS A REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE, AND, AND THE USE IS SPECIFICALLY IN INDUSTRIAL USE, WHICH WOULD NORMALLY PERMIT THE REQUEST OF BEN SITE B, THE PUBLIC WARFARE CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THESE CRITERIA ARE REPRESENTED BY FENCE SIZE TO PROTECT PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY. THE PROPOSED COMBINED FENCE APPEARS TO SERVE THE PUBLIC WELFARE AND CONVENIENCE. AS INDUSTRIAL ZONING IS ADJACENT, IS ADJOINING THE PROPERTY. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE FENCE SITE CREATES ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT IN ADJACENT PROPERTIES. IT WILL NOT SUBSTANTIALLY INJURE ANY NEIGHBORING PROPERTY AS A PROPOSED FENCE SITE IS PERMITTED IN ADJOINING LOTS. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION ON WHICH THE PROPERTY FOR ITS A SPECIAL EXCEPTION, IS TAUGHT. THE ADDITIONAL 10 SITE WILL NOT ALTER THE ESSENTIAL DISTRICT OF THE CHARACTER AS IT IS THE CONDITIONAL USE FOR AN INDUSTRIAL USE AND IN SURROUNDING PROPERTY IS ZONE INDUSTRIAL. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE AND ESTABLISHED FOR THE SPECIFIC DISTRICT. THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT AS A ZONING HAS BEEN APPROVED. CONDITIONAL USE FOR AN INDUSTRIAL USE END OF MOTION. THANK YOU. SECOND, SECOND, MS. CRUZ, WOULD YOU LIKE TO PROVIDE SOME COMMENT? UH, SURE. UH, I, I'M GONNA BE IN SUPPORT. IT'S PREDOMINANTLY OPEN, IT'S AN INDUSTRIAL AREA, UH, AS, AS SO EXPLAINED BY THE APPLICANT. AND SO I'LL BE IN SUPPORT. MS. CRUZ. UH, I CONCUR WITH MR. ORIAN. I DON'T SEE ANY PROBLEMS WITH THIS SINCE IT IS GONNA BE INDUSTRIAL AREA. THANK YOU. THANK YOU. ALRIGHT, LET'S TAKE A ROLL CALL. VOTE. COMMISSIONER ORIAN. YES. COMMISSIONER CRUZ. I CONCUR. COMMISSIONER BURTON. I CONCUR. COMMISSIONER VASQUEZ. I CONCUR. COMMISSIONER DEAN. I CONCUR. COMMISSIONER ZUNIGA? COMMISSIONER ZUNIGA. COMMISSIONER MANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER KAPLAN? I CONCUR. COMMISSIONER ZUNIGA. OKAY. HE GAVE A THUMB. MR. ZUNIGA GAVE A THUMBS UP. COMMISSIONER ZUNA? YES, I CONCUR WITH UNANIMOUS. 11 AGAINST THE . GOOD AFTERNOON. AGENDA ITEM TWO, BO O 8 23 1 0 3 0 0 3 2 6. ADDRESS IS 26 0 2 GOLIAD ROAD COUNCIL. DISTRICT THREE APPLICANT IS HARRIS SIGN SYSTEMS. A REQUEST FOR A 15 FOOT VARIANCE FROM THE MAXIMUM 20 FOOT SIGN HEIGHT TO ALLOW A 39 FOOT TALL SINGLE TENANT SIGN ON ONTARIO. TYPE B COMMERCIAL COLLECTOR ROAD ZONING IS C3. THE SUBJECT PROPERTY IS LOCATED ALONG GOLIA ROAD WEST OF IH 37 AND NORTH OF SOUTHEAST MILITARY. THE APPLICANT IS REQUESTING A VARIANCE FOR SIGN HEIGHT ALONG AN ARTERIAL TYPE B COMMERCIAL COLLECTOR ROAD STREET. THE MAXIMUM HEIGHT PERMITTED IS 24 FEET FOR A SINGLE TENANT SIGN. THE APPLICANT IS REQUESTING A SIGN HEIGHT AT 39 FEET. MAXIMUM SIGN SIZE IS 150 SQUARE FEET AND THE PROJECTED [00:15:01] SIGN WILL NOT REQUIRE A VARIANCE FOR THE SIGN SIZE. THE APPLICANT IS REQUESTING A SIGN HEIGHT DUE TO THE LOCATION OF THE SIGN ON IN THE PROPERTY. THIS IS YOUR SITE PLAN, YOUR SUBJECT PROPERTY ALTERNATE VIEW OF THE PROPERTY. ANDREW, CAN YOU JUST, I'M SORRY. VINCENT. VINCENT, CAN YOU GIMME A SECOND? UH, MR. ZUNIGA, YOU ARE NOT MUTED AND WE CAN HEAR FEEDBACK FROM YOUR COMPUTER. IF YOU CAN MUTE YOURSELF, THAT WOULD BE GREATLY APPRECIATED. GO AHEAD VINCENT. I'M SORRY. UH, THIS IS YOUR SURROUNDING AREA. STAFF RECOMMENDATIONS HEIGHT. HEIGHT VARIANCE. STAFF RECOMMENDS DENIAL MBO 8 23 1 0 3 0 0 3 2 6 BASED ON THE FOLLOWING FINDINGS, THE NEW PROPOSED SIGN HEIGHT IS EXCEEDING THE UDC AND THE CURRENT ALLOWABLE HEIGHT WILL NOT CAUSE A SENSATION OF LEGITIMATE LONGSTANDING ACTIVE COMMERCIAL USE OF THE PROPERTY. THIS IS A NOTIFICATION PLAN. STAFF MAILED OUT 11 NOTICES. ONE RETURNED IN FAVOR, ZERO IN OPPOSITION AND HIGHLAND HILLS NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. AND THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. THANK YOU. LET'S SEE IF, IF WE HAVE ANY QUESTIONS FOR STAFF FIRST. ANY QUESTIONS FOR STAFF? ANY QUESTIONS? HEARING NONE, I'D ASK THE APPLICANT TO PLEASE COME FORWARD. GOOD AFTERNOON, MR. CHAIRMAN. AND, UM, MEMBERS OF THE BOARD. MY NAME IS NICHOLAS HARRIS. UH, MY PHYSICAL ADDRESS IS 37 0 3 MANWAY BAY, 7 8 2 2 3. I LIVE IN THIS AREA ACTUALLY, UM, HERE, UH, REPRESENTING THE APPLICANT AND TRYING TO INCREASE THE EXISTING HEIGHT OF THE SIGN THAT'S CURRENTLY LOCATED ON THIS PROPERTY. AND THEN, UM, BASICALLY WHEN THE CODES WERE DEVELOPED PRIOR TO OR AFTER 1990, UH, THE UNIFIED DEVELOPMENT CODE THAT CHANGED CHAPTER 20 EIGHTS WHERE WE LIMITED WHY I SAY WE, UH, BUT THE CITY LIMITED, UH, THE USE OF A CERTAIN SIZE BASED ON STREET CLASSIFICATION. SO OF COURSE YOU HAVE ALL YOUR NON-CONFORMING SIGNS THAT ARE OUT THERE. AND THEN, UH, NEW SIGNS THAT ARE BEING PROPOSED THAT HAVE TO MEET THESE REGULATIONS. THIS IS CURRENTLY AN EXISTING ONE. SO WHEN I REVIEWED THE PROPERTY, I SPOKE TO THE APPLICANT AND I TOLD HIM WE HAD SOME TOPO UH, TOPOGRAPHY ISSUES THAT WE CAN DO A LEGITIMATE, UH, REQUEST FOR VARIANCE TO THE EXISTING HEIGHT. WE'RE NOT INCREASING THE SQUARE FOOTAGE, WE JUST WANNA GET THE HEIGHT A LITTLE BIT BETTER VISIBILITY BECAUSE THE ADJACENT LANDSCAPING, IF YOU'RE COMING SOUTH ON GOLIAD FROM IH 37 MORE SO VERSUS GOING NORTH FROM MILITARY DRIVE BECAUSE THAT'S BASICALLY A HUGE SIGN CLUTTER. YOU KNOW, THERE'S JUST A LOT OF OUTSTANDING SIGNS THAT ARE, UH, EITHER NON-CONFORMING OR THEY'RE JUST TOO CONGESTED. BUT THAT'S THE WAY IT IS BECAUSE THOSE MET THOSE REQUIREMENTS. WHETHER THEY WERE INSTALLED AT THE TIME, THEY WERE DONE PROBABLY BEFORE 1990 OR EVEN AFTER 1990. UH, IN ADDITION TO THAT, I LOOKED AT THE PROPERTY AND, UH, THERE ARE OTHER VARIABLES THAT ARE PLAYABLE IN THIS KIND OF SITUATION. 'CAUSE THIS LOT IS LOCATED WITHIN 500 FEET OF AN EXPRESSWAY. NOW, IF I WERE TO COME INTO THIS BORDER TO THE CITY, I COULD REQUEST A VARIANCE TO INCREASE THE HEIGHT TO 50 FOOT. AND A MAXIMUM SQUARE FOOT IS 375. BUT YOU HAVE TO MAINTAIN A HUNDRED FOOT SETBACK FROM THAT FRONTAGE OF THE STREET. BUT I TOLD THE APPLICANT BASED ON, UH, THE DRIVING VIEW AND THE INTENT OF GETTING THE VISIBILITY TO HAVE ACCESS FOR INGRESS AND EGRESS, THE BEST SCENARIO I AM IN MY OPINION, WAS TO, UH, TALK TO THE CITY AND THEN, THEN GO TO THE BOARD OF ADJUSTMENT TO INCREASE IT, BUT NOT TO INCREASE IT MORE THAN THE NEXT STREET CLASSIFICATION. 'CAUSE THAT'S THE WAY THE SYSTEM WORKS OR THE CODE OUTLINE WORKS. YOU GOT A LOCAL STREET CLASSIFICATION, YOU GOT AN ARTERIAL B COLLECTOR CLASSIFICATION, YOU HAVE AN ARTERIAL A AND OF COURSE YOU HAVE EXPRESSWAYS. SO IF YOU GO TO THE BOARD OF ADJUSTMENT OR TO THE CITY TO ASK FOR THAT ADDITIONAL HEIGHT, OF COURSE YOU GOTTA PROVE, UH, SIMILAR UH, INSTANCES SUCH AS TOPOGRAPHY, THE CURVATURE OF THE ROADWAY VISIBILITY TO GET THE TRAVELING PUBLIC TO GET IN AND OUT ON INGRESS OR EGRESS OF THIS PARTICULAR LOT. OVER THE YEARS, WE'VE, SINCE THE APPLICANT HAS PURCHASED THIS PROPERTY, THERE WAS NO KIND OF TOPOGRAPHY ISSUES, BUT SINCE GROWTH AND LANDSCAPING AND TREES OF THE ADJACENT AREAS, AND THEN OF COURSE THE ADJACENT CLUTTER, I FELT THAT, UH, AS LONG AS WE DON'T EXCEED THE NEXT STREET CLASSIFICATION, WHICH IS 39 FEET, THAT'S THE REQUEST. ARTERIO TYPE A ALLOWS 40 FOOT AND A MAXIMUM 240 SQUARE FEET. AND WE'RE, WE'RE NOT DOING NOTHING. ALL WE WANNA DO IS [00:20:01] JUST INCREASE THE HEIGHT FOR BETTER VISIBILITY TO GET THE TRAVELING PUBLIC, UH, AN OPTION OF FINDING THE LOCATION AND HAVING AMPLE TIME TO ENTER AND EXIT THIS PARTICULAR PIECE OF PROPERTY. AGAIN, THERE'S OTHER VARIABLES, BUT, UH, TO ME THAT KIND OF RUINS THE INTENT OR THE AESTHETICS OF THE ORIGINAL ORDINANCE WHERE WE WANNA GO BIGGER AND BETTER AND BIGGER, YOU KNOW, MORE SQUARE FOOTAGE. IF WE FOLLOW THESE OTHER GUIDELINES FOR THE COURSE, WE FELT THIS WOULD BE THE SIMPLEST WAY OF JUST PRETTY MUCH RE-ENGINEERING AT A STUB PIPE. DON'T EXCEED THE RECOMMENDED HEIGHT THAT WE'RE ASKING FOR. AND, UH, TALKING TO THE APPLICANT, WE'RE ACTUALLY, WE'RE IN FAVORABLE OF ANYWHERE BETWEEN 35 TO 39. YOU KNOW, IT JUST HAS TO BE MORE THAN WHAT'S EXISTING. AND IT'S A NON-CONFORMING SIGN. UH, THAT STREET CLASSIFICATION'S 24 FEET. IT'S RIGHT NOW CLOSE TO ABOUT 26 AND A HALF. SO BASICALLY WE'RE JUST TRYING TO GET THAT LITTLE, UH, EDGE, OR NOT EDGE, BUT MORE OF A PARAMETER THAT WE CAN FIT THE INTENT OF CHAPTER 28 AND ON THE RULES AND REGULATIONS OF THESE CONSTRUCTION STANDARDS. ALRIGHT, THANK YOU MR. HARRIS. LET'S SEE IF WE HAVE ANY QUESTIONS FOR YOU. CRUZ. MS. CRUZ? YES. OKAY, MS. CRUZ THEN MS. TON. UM, UM, SIR, IS THERE ANY WAY POSSIBLE THAT IT COULD BE A LITTLE BIT LESS THAN 39 FEET? I, UH, I, I KNOW THE AREA AND I KNOW IT'S DIFFICULT TO SEE THE CURRENT SIGN, BUT CAN THEY GO WITH JUST 35 INSTEAD OF 39? I, I BELIEVE SO, BUT LET ME DOUBLE CHECK WITH THE APPLICANT. HE SAID YES. OKAY, BARTON. UM, JUST TO CLARIFY, YOU'RE TALKING ABOUT REPLACING THE SIGN IN THE EXISTING LOCATION. WE'RE GONNA JUST RAISE THE SIGN WE'RE GONNA KEEP EVERYTHING AS IS. I'M GONNA APPLY FOR A PERMIT TO HAVE IT RE-ENGINEERED. OF COURSE THAT'S REQUIRED UNDER CHAPTER 28. UH, UNDER MY LICENSE. I'M A LICENSED SIDE CONTRACTOR, SO WE'RE GONNA APPLY FOR RE-ENGINEERING. WE'RE GONNA RAISE THE EXISTING CABINET AS IS. AND I'M GONNA APPLY FOR A REFACE. WE'RE JUST CHANGING THE, IT'S GONNA STAY BROOKSIDE, BUT WE'RE GONNA COME UP WITH A DIFFERENT DESIGN. THAT'S ALL. BUT NO, NO OTHER STRUCTURAL MODIFICATIONS. THAT'S A KEY WORD. NO OTHER STRUCTURAL MODIFICATION OTHER THAN RE-ENGINEERING THE TOP STRUCTURE TO RAISE IT PRETTY MUCH. OKAY. KAPLAN, MS. KAPLAN. OKAY. I'M, I'M NOT FAMILIAR WITH THE AREA, BUT I'M LOOKING ON THE GOOGLE MAPS. THE GOOGLE EARTH OF THE STREETSCAPE FIRST OF IT DOES LOOK FAIRLY FLAT. SO WHEN WE TALK ABOUT ELEVATION, WE GENERALLY MEAN THAT THERE'S A HILL OR THERE'S A SOMETHING, UH, OBSTRUCTING. UM, FURTHERMORE, LOOKING DOWN THE BLOCK, IT LOOKS LIKE ALL OF THE SIGNS ARE ABOUT THE SAME HEIGHT. I WOULD SAY NOT TO INTERRUPT. GO AHEAD. FINISH UP. AND SO I GUESS MY POINT IS, WHY WOULD WE GIVE YOU A VARIANCE WHEN EVERYBODY ELSE THEN WOULD COME AND ASK FOR THE SAME THING IF ONCE WE GIVE IT TO YOU, THEN THEY'LL SAY, WELL, GAVE IT TO THIS GUY. WE HAVE THE EXACT SAME SITUATION. I, I I I KNOW EXACTLY WHAT, SAY WHAT MAKES YOUR SITUATION UNIQUE. UH, I, THAT'S WHAT I'M JUST GONNA EXPLAIN. 'CAUSE I, I, THE WAY I RECALL, UH, THE CESSATION OF LEGITIMATE USE OF THE PROPERTY, I MEAN, EACH APPLICANT WOULD HAVE TO COME ON THEIR OWN VARIOUS NEEDS TO, TO TELL YOU GUYS THAT THIS IS MY ISSUE. SO EVERYONE'S GONNA BE A LITTLE DIFFERENT. THE ONES THAT, YOU'RE RIGHT, THERE'S, UH, THE SIGN COLOR, THAT CLUTTER, I CALL IT, THAT EXISTS CURRENTLY. A LOT OF THOSE ARE ALREADY OVER THE ALLOWABLE 24 SQUARE, UH, 24 FOOT IN HEIGHT. THE MAJORITY OF THEM, I WOULD SAY ABOUT 50%. THE CLOSER YOU GET TO SOUTHEAST MILITARY, OF COURSE YOU GOT THE BIGGER SIGNS BECAUSE THEY'RE CLOSER TO THE ARTERIAL CLASSIFICATION. BUT AGAIN, UH, SOME OF THESE APPLICANTS TOO, IF THEY WANNA COME BACK IN THE FUTURE, I WOULD SEE THEM COMING IN TO YOU GUYS SAYING, I WANT A 50 FOOT SIGN AND I CAN MAKE THOSE REQUIREMENTS 'CAUSE THEY'RE WITHIN 500 FOOT OF AN EXPRESSWAY. I'M SAYING THIS IS TO ME AND MY APPLICANT, THIS IS A, THIS IS A WIN-WIN SITUATION FOR NOT ONLY HIM, BUT FOR THE CITY THEMSELVES THAT, UH, WE'RE ALLOWED JUST TO RAISE THE SIGN. BUT, UH, AS FAR AS, UH, THE ISSUES THAT NEED TO BE PRESENTABLE AND OUR CASE, WE'RE USING THE TOPOGRAPHY, WHICH IS THE TREES. IF YOU LOOK RIGHT NOW AT, CURRENTLY IT'S THE WINTERTIME, BUT, UH, SUMMERTIME AND SPRINGTIME, THOSE TREES THAT ARE ADJACENT GOING SOUTH OFF OF 37, UH, THAT'S GONNA CREATE THAT VISIBILITY ISSUE THAT WE'RE LOOKING FOR. THANK, THANK YOU. MR. HARRIS. MS. KAPLAN DID THAT, DID THAT HELP? WELL, THAT ANSWERED THE QUESTION. THANK YOU. UH, [00:25:01] MS. BREGMAN AND THEN, SORRY, UH, THIS IS A QUESTION FOR STAFF. UM, IN TERMS OF, UH, THE APPLICANT'S, UH, POINT ABOUT BEING ALLOWED OF, YOU SAID OF OF 50 FOOT SIGN HEIGHT WITHIN 500 FEET OF THE EXPRESSWAY SWAY. IS THAT CORRECT? JUST ONE SECOND. THERE'S A MAP THERE. 200 FOOT RADIUS, THEY HAVE IT. THAT'S 200 FEET. THAT'S 200 FOOT, YEAH. SO BY MY MEASURES, IT SHOWS ABOUT 325 FEET FROM THE BACK OF THE PROPERTY TO THE, TO THE, TO THE ACCESS ROAD. UM, BY, UM, TO THE HIGHWAY. TO THE HIGHWAY. SO THEN THERE WOULD BE ALLOWED, UM, EXPRESSWAY, BUT YOU HAVE TO MAINTAIN A HUNDRED FOOT SETBACK, WHICH WOULD PUT THAT SIGN ALL THE WAY IN THE BACK OF THE PROPERTY. CORRECT. THANK YOU. ALRIGHT, MR. MANNA, DID YOU HAVE A QUESTION? THAT WAS MY QUESTION. THAT WAS THE QUESTION. SO THANK YOU. HAPPY TO BE THE SAME QUESTION. ALRIGHT, ANY OTHER QUESTIONS FOR THE APPLICANT? ALRIGHT, STAFF, DO WE HAVE ANY VOICEMAIL OR OTHER PUBLIC COMMENTS TO BE READ IN? THERE'S NO PUBLIC COMMENTS. ALRIGHT. UM, AT THIS TIME I, I'D ASK THE APPLICANT IF YOU HAVE ANY FINAL REBUTTAL YOU'D LIKE TO MAKE OR, OR ANY FINAL COMMENTS BEFORE WE CLOSE. NO, I'M PRETTY SURE THAT, I MEAN, ORIAN THAT, UM, OKAY. WE GAVE YOU ALL THE INFORMATION THAT YOU, OKAY. MR. ORRY HAD A QUESTION? SURE. A QUESTION FOR THE APPLICANT OR APPLICANT. WHEN I'M GOING SOUTH ON GOLIAD, THE ONLY SIGN THAT SEEMS TO BE OF ANY CONFLICT WITH YOURS IS A CITY BASE VISTA SIGN. AND I DIDN'T HEAR ANY COMMENT. UH, YOU HAD BROUGHT UP LANDSCAPING, BUT I DIDN'T HEAR ANYTHING ABOUT THAT SIGN. I I DIDN'T SEE ANY OTHER SIGNS THAT WERE IN CONFLICT OR DIFFERENT FROM ANYONE ELSE'S. UM, GOING SOUTH IS TOPOGRAPHY GOING NORTH? IS THE SIGN CLUTTER? THANK YOU. WHICH IS THE TREES? THOSE, THOSE ITEMS RIGHT THERE. ALRIGHT, THANK YOU. ANY OTHER, UH, OKAY, QUESTIONS? OKAY, THAT WOULD CLOSE THE PUBLIC PORTION. UM, I'D ASK A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION. MANA MR. MANA, REGARDING CASE NUMBER BO A 2 2 1 0 3 0 0 3 2 6. I MOVED TO THE BOARD ADJUSTMENT GRANT, THE REQUEST FOR A 15 FOOT VARIANCE FROM THE MAXIMUM 24 FOOT SIGN HEIGHT TO ALLOW A 39 FOOT TALL SINGLE TENANT SIGN ON INTERIOR TYPE B COMMERCIAL COLLECTOR ROAD SITUATED AT 2 6 0 2 GOLIAD ROAD. APPLICANT B AND HARRIS SIGNED SYSTEMS, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC HAS EMITTED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NECESSARY BECAUSE STRICT ENFORCEMENT OF THIS ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNS ON THE SITE, CONSTRAIN THE UNIQUE FEATURES OF A SITE SUCH AS ITS DIMENSIONS, LANDSCAPE, OR TOPOGRAPHY. UM, OR TWO, A DENIAL OF VARIANCE WOULD PROBABLY CAUSE A CESSATION OF LEGITIMATE OUT THE LONGSTANDING ACTIVE COMMERCIAL USE OF THIS PROPERTY. UH, THE PROPERTY CURRENTLY QUALIFIES FOR 24 FOOT, UH, IN HEIGHT SIGN WITH A MAXIMUM 150 FOOT SQUARE FOOT SIGN FACE FOR A SINGLE TENANT SIGN. THREE, AFTER SEEKING ONE OR MORE OF THE FINDINGS SET FORTH IN PARAGRAPHS ONE AND TWO, THE BOARD FINDS THAT A GRANTING THE VARIANCE DOES NOT PROVIDE THE APPLICANT WITH A SPECIAL PRIVILEGE, NOT ENJOYED BY OTHERS. SIMILARLY SITUATED ON POTENTIALLY SIMILAR SITUATED LOTS. UH, THE PROPOSED SIGN DOES NOT APPEAR TO PROVIDE A SPECIAL PRIVILEGE AND WILL NOT IMPEDE THE VISION OF CUSTOMERS WHO ARE LOOKING FOR NEIGHBORING COM COMPANIES IN THE IMMEDIATE AREA. B, BY GRANTING THE VARIANCE, UH, WILL NOT HAVE SUBSTANTIALLY ADVERSE IMPACT ON NEIGHBORING PROPERTIES. THE PROPOSED VARIANCE WILL NOT HAVE AN ADVERSE IMPACT ON NEIGHBORING PROPERTIES AS MOST OF THE OTHER SIGNS ARE EXISTING AND DO NOT APPEAR TO BE EXCEEDING THE SIGN REGULATION STANDARDS IN AS GREAT OF A CAPACITY AS A PROPOSED SIGN. C GRANTING THE VARIANCE WILL NOT SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSES OF THIS ARTICLE. THE REQUESTED VARIANCE ARE NOT SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSES OF THIS CHAPTER. A SIGN EXCEED THE 24 FOOT IN HEIGHT BY 39 FEET WILL NOT IMPEDE THE VISION OF CUSTOMERS WHO ARE LOOKING FOR NEIGHBORING COMPANIES IN THE IMMEDIATE AREA IN THE IMMEDIATE AREA. AND THE MOTION. SECOND. SECOND, UH, SECOND. MS. KAPLAN, UH, MR. MANON, WOULD YOU LIKE TO PROVIDE SOME COMMENT OR, YEAH, I, I, I'M DON'T KNOW THAT I'M GONNA BE SUPPORTING THIS AND FOR, FOR A COUPLE REASONS. I, I AGREE WITH MS. KAPLAN AS I, YOU KNOW, AS I DO THE GOOGLE DRIVE DOWN, UH, BACK AND FORTH IN THE STREET, I, I REALLY DON'T SEE, [00:30:01] UM, I, I GUESS ANY HARDSHIPS THAT WOULD SAY THAT, YOU KNOW, THAT THAT ELEVATION NEEDS TO OCCUR. AND I SEE LOTS OF OTHER BUSINESSES THAT ARE AT THE SAME HEIGHT, SIGN HEIGHT, UM, AND IT LOOKS LIKE MANY OF THOSE BUSINESSES ARE, ARE PROSPERING, UH, WITH THE SIGNS AT THE CURRENT HEIGHTS. SO THEREFORE, UM, I WON'T BE SUPPORTING THIS. UH, YEAH, AND I AGREE WITH MR. MANNA. UM, IT SAYS HERE THAT IT'S, UH, THAT THIS WILL NOT PROVIDE HIM ANY SPECIAL PRIVILEGE, BUT I THINK IT WILL PROVIDE A SPECIAL PRIVILEGE BECAUSE THE OTHER SIGNS ARE ALL HAVE THE SAME ISSUES IN TERMS OF TOPOGRAPHY AND, UH, CROWDING SIGNAGE. SO BY GIVING YOU THE 15 FEET EXTRA, IT WOULD PROVIDE YOU WITH AN ADVANTAGE OVER THE OTHER PEOPLE. SO I'M ALSO NOT SUPPORTING THIS. ALRIGHT, MS. CRUZ, WOULD YOU LIKE, I KNOW YOU HAD TALKED ABOUT YES, I WAS JUST GONNA SAY, CAN I DO A FRIENDLY AMENDMENT AND CAN WE SAY INSTEAD OF, UH, 39 FEET, CAN WE SAY 34 AND BRING IT DOWN? OR 35? IT SHOULD BE 35 IS IT'LL BE DOWN FOUR FEET, IT'LL BE 11, 11 FOOT VARIANCE. RIGHT. UM, I GUESS THAT WOULDN'T BE MY PREFERENCE. YOU KNOW, I THINK ONE OF THE THINGS WE DID HERE IS THAT THE SIGN IS CURRENTLY OUT OF COMPLIANCE AND, UM, AND SO IT'S, UM, I FORGOT WHAT THE WORD IS NOW, BUT, UM, SO, SO I WOULD, I WOULD CERTAINLY LET IT STAY AT THE SAME HEIGHT SO THEY COULD REPLACE THE TOP PIECE. UM, YOU KNOW, AND SO REDO THAT, BUT I, BUT I DON'T KNOW THAT I WOULD WANT TO SEE THE, THE SIGN HEIGHT RAISE THAT MUCH MORE PERSONALLY, SO, SO I, I WOULDN'T ACCEPT IT, BUT WE CAN SEE HOW IT GOES AND COME BACK WITH ANOTHER AMENDMENT MAYBE. WELL, I MEAN THE, THE HEIGHT WOULD STILL BE A LITTLE HIGH. YES. BECAUSE IT STILL WOULD BE IT INSTEAD OF 29 35 FEET, BUT THE SQUAR WOULD STILL BE THE SAME. SO I, I'M NOT SURE OF, UH, WHAT ELSE WE COULD COME UP WITH BECAUSE I THINK THAT WOULD WORK IN THAT AREA. SO, SO, SO NON-CON, SO THE WORD CAME TO ME NON-CONFORMING HEIGHT. SO BECAUSE IT'S A NON-CONFORMING SIGN, IF THEY CHANGE THE TOTAL CABINET, THEN BASICALLY THEY WOULD HAVE TO SHAVE OFF TWO FEET CORRECT. TO BRING IT INTO COMPLIANCE. IS THAT CORRECT? WHAT ELSE? NO, BUT THE HEIGHT OF THE POLE, SO I HEARD THAT IT WAS NON-COMPLIANT 'CAUSE OF THE HEIGHT OR IS IT IT IS A NON SIGN. CAN YOU TURN ON YOUR MICROPHONE PLEASE? I BELIEVE IT IS. OKAY. I BELIEVE I ALREADY LOST MY TRAIN OF THOUGHT. IT'S A 26 FOOT SIGN. CORRECT. SO IT'S A NON-CONFORMING SIGN RIGHT NOW. OKAY. UH, IT SHOULD BE 24 FEET. SO, SO, SO I GUESS THERE, SO, SO, SO IF WE, UH, CHANGE THE AMENDMENT TO 26 FOOT, THEN THEY COULD CHANGE THE CABINET OR ANYTHING WITHIN IT. UM, AND, AND THEN MOVE IT INTO, UM, IT WOULD BE NO LONGER NON-CONFORMING, BUT, BUT BASED UPON THIS, THIS COMMISSION BASED ON UPON AND THE VARIANCE. RIGHT? RIGHT. OKAY. AT THAT POINT, SO RIGHT, RIGHT NOW IT'S WITHIN THE PARAMETERS OF IT MEETING THE SQUARE FOOTAGE, BUT IT DOES NOT MEET THE HEIGHT. SO IT'S A NON-CONFORMING SIGN. OKAY. SO, SO IF I DO DO A FRIENDLY AMENDMENT TO 26 FEET, SO, SO, SO I WOULD CONSIDER THAT, UM, SO THAT WAY IT BECOMES A CONFORMING SIGN, YOU KNOW, AND THEY DON'T HAVE TO DO ANY CHANGES AND THEY CAN CHANGE THE CABINET HOWEVER THEY WANNA DO. RIGHT. AT 26 FEET? NO, IT'S NO, WITH THE VARIANCE, IF WE, WITH THE VARIANCE, IT WOULD BE PROPOSED AS PROPOSED IF IT'S PASSED AND THEY CORRECT. AT 26 FEET, WHICH IT IS ALREADY CORRECT. ALRIGHT. BUT IF THE VARIANCE DOESN'T PASS AND THE CABINET NEEDS TO BE REFACED OR REBUILT, THEN RE YOU'D HAVE TO BRING IT DOWN TO LOWER HEIGHTS. IS THAT WHAT I'M UNDERSTANDING ON? AND ONLY IF HE'S GONNA CHANGE THE CABINET, BUT HE CAN STILL REFACE IT WITHOUT ANY PROBLEMS AT ALL. WHAT DID, WHAT DID WE SAY THE CABINET SQUARE FOOTAGE WAS 50, ABOUT 50 SQUARE FEET? UH, ONLY 50 SQUARE FEET. YES MA'AM. OKAY. 'CAUSE IT SAYS YOU'RE ALLOWED 150, THEY'RE ALLOWED 150 AND SO YOU ONLY HAVE 50. I'M GONNA LEAVE EVERYTHING AS IS THERE, THERE'S A LITTLE READER BOARD. SIR, WE ARE RECORDING THIS IN LIVE STREAMING. SO IF YOU'RE GONNA SPEAK TO THE COMMISSION, YOU NEED TO COME TO THE PODIUM. I'M SORRY. UH, YES. CURRENTLY IT'S UNDER THE ALLOWABLE SQUARE FOOTAGE. IT MEETS THE MAIN, IT MAINTAINS THE 10 FOOT SETBACK. IT HAS NO OTHER SIGNS WITHIN 150 FEET WITHIN THAT SIGN. UH, AS FAR AS THE SPACING REQUIREMENTS. SO BASICALLY WE'RE GONNA LEAVE EVERYTHING ALONE AND JUST, WE'RE GONNA LEAVE A LITTLE FOUR BY READ ABOARD BELOW IT ALONE. AND WE'RE JUST GONNA RAISE THE TOP STRUCTURE, WHICH IS THE FIVE BY 10, WHATEVER ADDITIONAL HEIGHT WE COULD GET GRANTED TODAY, UM, TO BE NO LESS THAN OR NO MORE THAN 39 FEET. UM, THE OTHER OPTIONS, LIKE I SAID BEFORE, WE CAN GO BACK IN AND TAKE THE WHOLE THING DOWN AND WE CAN BUILD A CONFORMING SIGN, 50 FOOT IN THE AIR, 375 SQUARE FEET, BUT IT'S GONNA BE ADJACENT TO THE REAR. BUT WE JUST PREFER TO LEAVE THIS ONE AS IS AND JUST RAISE IT JUST A TADD SO WE GET BETTER VISIBILITY. [00:35:01] THAT WAS THE OPTIONS CHAIR. ZUNA, CAN I MAKE A SUGGESTION? YES. I THINK, UM, MY OPINION IS, UH, I WOULD, I THINK, UH, A FRIENDLY AMENDMENT TO GO TO 26 FEET, UH, WOULD, IS AN ORDER AND IF COMMISSIONER CRUZ WOULD LIKE 35, SHE SHOULD DO A MOTION TO AMEND TO 35. THEN LET'S SEE IF IT PANS OUT. IF IT DOESN'T PAN OUT, THE MOTION WILL BE AT 26 AND WE CAN VOTE ON THAT. BUT IF HER MOTION TO GO TO 35 PASSES, THEN THAT'LL GIVE YOU AN IDEA OF HOW THE COMMISSION FEELS ABOUT 35 FEET. YEAH, THAT'S OKAY. OKAY, SO MS. UH, CRUZ, WOULD YOU LIKE TO GO AHEAD AND SO DO WE HAVE TO, UH, TABLE THE FIRST MOTION OR NO? I, I, I'M GONNA RE I'M GONNA ASK, UH, COMMISSIONER MANNA FOR A FRIENDLY AMENDMENT AT 26 FEET ACCEPTED. CAPTAIN, COMMISSIONER, CAPTAIN, DO YOU ACCEPT THAT? I DO. OKAY. SO THE MOTION IS NOW 26 FEET. SO IF COMMISSIONER CRUZ WOULD LIKE TO SEE IF 35 IS AMICABLE TO THE COMMISSION, SHE CAN MAKE A FORMAL AMENDMENT REQUEST AND WE'LL SEE IF IT PASSES AND THAT'LL TELL YOU HOW THE VOTE MIGHT GO. OKAY. SO MS. CRUZ, THAT WOULD MAKE A MOTION TO AMEND. OKAY. SO, UM, INSTEAD OF IT BEING 24, THE WHAT IT IS RIGHT NOW, 26, WE'D ONLY GO UP TWO FEET, CORRECT? RIGHT. WHAT IS IT'S CURRENT, THEY'RE PROPOSING 26 FEET IS CURRENTLY 26. THEY'RE PROPOSING 26 RIGHT NOW. 26. OKAY. I'LL GO WITH THAT. THAT'S FINE. SO YOU'RE NOT GONNA MAKE A, SO WE'RE GONNA GO WITH THE EXISTING MOTION. OKAY. SO 26 FEET IS THE MOTION ON THE TABLE. CORRECT? SO SHE, UH, UH, MS. CRUZ IS NOT MAKING AN AMENDMENT. OKAY, WELL NO OTHER, ANY OTHER COMMENTS OR HEARING NONE? THEN LET'S TAKE A ROLL CALL VOTE AS AS STATED. SO IT'S A, UH, MOTION IS FOR THE 26 FOOT SIGN HEIGHT, WHICH IS GONNA BE A TWO FOOT VARIANCE RIGHT FROM THE, YES. OKAY, LET'S GO AHEAD AND TAKE A ROLL CALL VOTE. COMMISSIONER MANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER KAPLAN, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BURTON, I CONCUR WITH THOSE FINDINGS. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER DEAN, I DO NOT CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER ZUNIGA. COMMISSIONER BENAVIDES. I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER ORIAN? YES, I CONCUR. COMMISSIONER ZUNIGA? COMMISSIONER ZUNIGA, CAN YOU UNMUTE? UNMUTE YOURSELF PLEASE. CAN YOU INDICATE IF YOU'RE IN FAVOR OR OPPOSE TO THE MOTION? THUMBS UP. THUMBS UP. THUMBS UP. CHAIR UNA? YES, I CONCUR. SO, 10 IN FAVOR, ONE IN OPPOSITION. THE MOTION AS AMENDED PASSES. UH, PLEASE GET WITH STAFF IF YOU HAVE ANY QUESTIONS. THANK NEXT CASE PLEASE. ITEM NUMBER THREE IS BO OA DASH TWO THREE DASH 1 0 3 0 1 0 4. ADDRESS IS 33 14 NORTH ST. MARY STREET COUNCIL DISTRICT ONE. THE APPLICANT IS COLIN BASE AND A REQUEST IS FOR A NINE FOOT FOUR INCH VARIANCE FROM THE MINIMUM 15 FOOT BUFFER YARD TO ALLOW A FIVE FOOT EIGHT INCH BUFFER YARD ALONG THE EASTERN PROPERTY LINE. THE ZONING IS NEIGHBORHOOD COMMERCIAL RIVER IMPROVEMENT OVERLAY ONE WITH A CONDITIONAL USE FOR A PARKING LOT. THE SUBJECT PROPERTY IS LOCATED ON NORTH ST. MARY'S STREET, JUST EAST OF HIGHWAY 2 81, WHERE ST. MARY'S INTERSECTS EAST ATCH AVENUE. THE PROPOSED DEVELOPMENT OF THIS PROPERTY IS FOR A PARKING LOT TO SERVICE AN ADJACENT BUSINESS. THE VARIANCE REQUESTED IS ALONG THE EASTERN PORTION OF THE PROPERTY, WHICH IS NEXT TO A RESIDENTIAL DWELLING. NO BUFFER IS REQUIRED ALONG THE SOUTHERN PROPERTY LINE AS A LOT HAS A CONDITIONAL USE FOR A COMMERCIAL USE. UPON VISITING THE SITE, STAFF OBSERVED NO OTHER CONDITIONS THAT WOULD WARRANT AN ADDITIONAL VARIANCE REQUEST. THIS IS THE SITE PLAN AND THIS IS THE SUBJECT PROPERTY. YEAH. AND SOME PHOTOS OF THE SURROUNDING AREA. [00:40:04] STAFF RECOMMENDATION FOR THE BUFFER YARD VARIANCE STAFF RECOMMENDS DENIAL WITH AN ALTERNATE RECOMMENDATION FOR A SEVEN FOOT SIX INCH BUFFER YARD VARIANCE AND BO OA DASH 23 DASH 0 3 1 0 4. BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE REQUEST FOR A NINE FOOT FOUR INCH VARIANCE REDUCES THE REQUIRED BUFFER YARD TO LESS THAN HALF OF ITS REQUIRED AREA, WHICH IS CONTRARY TO THE PUBLIC INTEREST. TWO. A REQUEST WOULD ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THEIR PROPOSED DEVELOPMENT OF A PARKING LOT WOULD NOT BE ADEQUATELY SEPARATED FROM THE ADJACENT RESIDENTIAL PROPERTY. AND THREE, THE REDUCED SEVEN FOOT SIX INCH BUFFER YARD WOULD PRESERVE THE ESSENTIAL CHARACTER OF THE DISTRICT WHILE STILL ALLOWING SPACE ON THE PROPERTY FOR THE PROPOSED DEVELOPMENT STAFF. MAIL DO 20 NOTICES. ONE RECEIVED ONE IN FAVOR, ZERO IN OPPOSITION. AND THE RIVER ROAD NEIGHBORHOOD ASSOCIATION IS IN FAVOR AND HERE IS A PUBLIC RESPONSE AND THE NEIGHBORHOOD ASSOCIATION LETTER. THIS CONCLUDES STAFF PRESENTATION. THANK YOU. WE HAVE ANY QUESTIONS BEFORE, UH, SET CRUZ? YEAH, QUESTION. OKAY, GO AHEAD MS. CRUZ. OKAY. UM, I'M JUST CURIOUS, THE PARKING LOT WILL BE FLAT PARKING LOT AND HOW ABOUT HOW MANY SPACES ARE WE TALKING ABOUT? THAT'S CORRECT MA'AM. IT WAS A RECENT REZONING. UM, AND IT WILL BE FLAT AND THERE ARE 1415 PARKING SPACES. OKAY, THANK YOU. UM, IS IT CLEAR WHETHER THE RIVER ROAD NEIGHBORHOOD ASSOCIATION, UH, BEING IN FAVOR, ARE THEY IN FAVOR OF THE ORIGINAL OR ARE THEY IN FAVOR OF THE STAFF ALTERNATE? OR IS THAT ALL? I THINK THAT'S SOMETHING THAT WE CAN HAVE THE NEIGHBORHOOD ASSOCIATION, UM, ADDRESS. MS. KENNEDY IS ACTUALLY HERE TODAY, SO ONCE WE GET TO PUBLIC COMMENT, I BELIEVE SHE COULD ANSWER THAT QUESTION. OKAY. I'D ALSO LIKE TO ASK, WHAT IS THE EFFECT OF THE STAFF ALTERNATIVE ON THE NUMBER OF PARKING SPACES THAT ARE ALLOWED? IT SHOULDN'T AFFECT THE PARK. UH, THE, THE ALLOWED NUMBER OF SPACES. THEY'LL JUST HAVE TO SHIFT THINGS AROUND A BIT IN ORDER TO ACCOMMODATE THE ADDITIONAL TWO, TWO AND A HALF. MM-HMM, . ALRIGHT, THANK YOU. ANY OTHER QUESTIONS FOR STAFF? HEARING NONE, I'D ASK THE APPLICANT TO PLEASE COME FORWARD. GOOD DAY. MY NAME IS COLIN BASS. UH, PHYSICAL ADDRESS IS 1 0 1 CLIFFSIDE DRIVE, CHAU PARK, NATALIE MEDINA, UH, 33 14 NORTH ST. MARY'S. SO, UH, WE'VE BEEN, UH, WORKING WITH THE RIVER ROAD COMMUNITY FOR, UM, SIX OR SEVEN MONTHS NOW. ON THIS PIECE OF PROPERTY, WE JUST RECENTLY REZONED, LIKE THEY MENTIONED. UM, AND ON THOSE PHOTOS THEY SHOW THE BLUE AND GREEN HOUSE ARE GONNA BE OUR SMALL BUSINESS AS WELL AS A FEW OTHER SMALL BUSINESSES LOCAL. UM, WE WANTED TO DO THIS PARKING LOT IN FAVOR OF KEEPING PARKING OUT OF THE COMMUNITY. UM, THAT'S BEEN KIND OF THE GUIDELINES THAT WE'VE BEEN WORKING WITH. I DON'T KNOW IF THIS IS ANY RELEVANCE, BUT ALSO WITH THE SITE PLAN WE HAVE, WE ARE IN THE RIO ONE OVERLAY. WE'VE HAD MULTIPLE MEET MEETINGS WITH EDWARD HALL OF OHP, UM, TO MAKE SURE EVERYTHING IS WITHIN THE GUIDELINES OF RIO ONE OVERLAY. UM, AND IT IS, WE ARE AFRAID THAT WITH THE RECOMMENDED SEVEN FOOT SIX INCH, WE WOULD ACTUALLY LOSE TWO SPACES AND WE ARE KIND OF TIGHT ON THE SPACES ALREADY. AND THEN AFTER TALKING WITH PARKING, UM, MANY TIMES HERE AT DSD AND MAKING SURE, ENSURING THAT WE'RE PUTTING THE LINE WORK WITH THOSE, WE WANNA MAKE SURE THERE'S A BACKUP POSSIBILITY WITHIN THE PARKING LOT. UM, ALSO WE DIDN'T WANT TO PUT AN ENTRANCE AND EXIT, WHICH WOULD ONLY DECREASE THE PARKING AND THEN ALSO HAVE AN EFFECT ON THAT. BUT I'M GONNA GIVE, UH, MY WIFE NATALIE OVER. OKAY. AND JUST TO ADDRESS THE STAFF'S RECOMMENDATION, STAFF'S RECOMMENDATION IS CURRENTLY WHAT CODE ALREADY ALLOWS. UM, THE BUFFER THAT'S REQUIRED ON THAT SIDE IS GONNA BE A TYPE C BUFFER, WHICH IS 15 FEET IN WIDTH AND YOU CAN REDUCE IT UP TO 50%, WHICH WOULD BE AT THE SEVEN FOOT, SEVEN AND A HALF FOOT. UM, AND ADDITIONALLY IT'S NOT ON THE SITE PLAN, UM, BECAUSE I FORGOT TO MOVE THE PARKING SPACES, BUT WE DO NEED A HANDICAP. SO THERE'S LIKE A SPACE ON THE EASTERN OR RIGHT SIDE THAT'S NOT AN ACTUAL PARKING SPOT. THAT LITTLE SLICE WOULD NEED TO MOVE TOWARDS THE FRONT. SO WE COULD HAVE A, A HANDICAPPED, OH, SORRY, UH, THE APPROPRIATE, SO THOSE LITTLE SLICES RIGHT THERE TO MOVE TOWARDS THE [00:45:01] FRONT, UM, OR THE APPROACH SIDE OF THE PARKING LOT IN ORDER TO MAKE THAT, UM, THE SPACE USED APPROPRIATELY FOR THE AMOUNT OF SPACES. UM, ANOTHER THING THAT WE ARE ASKING FOR IS TO REMOVE THE LANDSCAPING REQUIREMENT ON THAT BUFFER. FOR A TYPE C BUFFER, YOU NEED TWO LARGE CANOPY TREES, AND I THINK ONE OR TWO UNDERSTORY AND A CERTAIN AMOUNT OF SHRUBS. WE AREN'T TRULY REMOVING, UM, THE LANDSCAPING REQUIREMENT. WE WOULD LIKE TO MOVE IT, BUT THEY, WE WERE TOLD THE LANGUAGE WE NEED TO USE IS TOMO IT. UM, ONE, IT'S ON THE EASTERN SIDE AND THERE ARE ALREADY ON THE RESIDENTIAL SIDE, I THINK SEVEN OR EIGHT, UH, LARGE TREES ON THE ADJACENT PROPERTY SIDE. ON THAT SIDE AS WELL, WE WILL HAVE A SIX FOOT OPAQUE WOODEN, UH, PICKET FENCE AND WE WILL HAVE SHRUBS AS INDICATED THERE. BUT IN ORDER TO PUT TWO LARGE CANOPY TREES IN A SMALL, UH, SMALLER TREE, UNDERSTORY TREE WOULD NOT, I DON'T THINK THAT THE TREES WOULD BE SUCCESSFUL IN THE LONG RUN BECAUSE THERE'S QUITE A BIT OF SHADE ALREADY PROVIDED. SO WHAT I'VE INDICATED IS ON THE WEST SIDE, UM, PUTTING THE LARGE, ONE OF THE LARGE CANOPY TREES, UH, SOUTHWEST SIDE AND THEN ALSO ON THE EAST, WE SATCH, UH, I THINK IT'S NORTH SIDE, PUTTING THE OTHER CANOPY TREE AND JUST A VARIETY OF SMALLER TREES AND SHRUBS THROUGHOUT. AND JUST TO GIVE MORE CONTEXT, ON THE NORTH OR THE EAST, WE SEE ATCH SIDE THAT, UH, BUFFER IS NOT REQUIRED. UM, WE HAVE ADDED IT, IT AS IT UM, ADHERES TO RIO. ONES ASKING TO ENHANCE THE PEDESTRIAN EXPERIENCE ONE AND TWO, IT STILL MEETS WHAT WOULD BE REQUIRED, UM, IN TERMS OF SQUARE FEET. SO IF IN, IF, UM, WE WERE TO DO THE 15 FULL 15 FOOT BUFFER AND WHATEVER THE SQUARE FEET WE NEEDED FROM THAT, PUTTING IT ON THE ESUITE SUCH SIDE WOULD STILL SATISFY THE LANDSCAPING, UH, SQUARE FOOTAGE. AND I THINK THAT'S PRETTY MUCH IT. I'M SORRY, JUMP BACK IN REAL QUICK. SORRY. UM, ALSO, UM, YOU KNOW, IT'S SUCH AN IRREGULAR SHAPED LOT. WE'VE HAD A LITTLE BIT OF HARDSHIPS COMING UP WITH THIS SITE PLAN, ESPECIALLY WITH ST. MARY'S AND WE ATCH CORNERING IT AS WELL. UH, WE DID WORK WITH LARRY CLARK, WHO, UH, LIVES ON ATCH. HE IS A PARTNER AT, UH, BENDER CLARK WELLS DESIGN FIRM. HE KIND OF HELPED US WITH THIS. IT WAS HIS IDEA, BROUGHT IT TO OUR ATTENTION ACTUALLY TO REDUCE THAT BACK BUFFER FOR THE BACKING OUT PURPOSES. UM, AND I THINK THAT'S IT FOR ME. ALRIGHT, LET'S SEE IF WE HAVE ANY QUESTIONS FOR YOU. BRAGMAN, MR. BRAMAN, MS. BRAGMAN, AND THEN MR. ORIAN. UM, OH, MS. CAP. YEP. IS THE PARKING LOT FOR THE VETERINARY CLINIC? IS THAT, IF THAT'S, NO. SO, UH, LIKE I SAID, ADJACENT, UH, ACROSS THE STREET THERE'S A PICTURE OF A BLUE AND GREEN RIGHT THERE. SO THAT'S ACROSS THE STREET. THOSE ARE BOTH OF OUR HOUSES. THESE ARE COMMERCIAL, THEY'RE C TWO. UM, WE ARE GONNA HAVE, WE HAVE A LOCAL SMALL BUSINESS. WE'VE BEEN RUNNING FOR EIGHT YEARS. WE WILL BE IN THERE, UH, AS WELL AS WE WILL HAVE, UH, FOOD TRUCKS, UM, AND, UH, SOME BOUTIQUES AS WELL. SO THIS PARKING IS THE RECOMMENDED PARKING FOR THOSE. WE NEEDED A X AMOUNT OF SPACES. UM, AND THAT WOULD BE FOR THOSE, THIS IS NON-PAID PARKING AS WELL. I DON'T KNOW IF WE CLARIFIED THAT. IT'S JUST FOR THE, AND THEN A QUESTION FOR STAFF. COULD WE BRING UP THE LETTER FROM THE, UM, RIVER ROAD ASSOCIATION AGAIN? THERE IT IS. RIGHT. THERE ARE, THEY'RE IN SUPPORT OF THEIR ORIGINALS. APPLICANT'S REQUEST. OKAY. THANK YOU. THANK YOU. UH, MS. UH, KAPLAN AND THEN MS. DORY. OKAY. I HAVE, I HAVE A COUPLE QUESTIONS HERE. UH, SO YOU SAY THIS IS TO SUPPORT THE TWO BUSINESSES THAT WILL BE, ARE THEY EXISTING THE BUSINESSES ACROSS THE STREET? EXISTING BUSINESSES, BUT WE'RE NOT LOCATED THERE YET. WE'RE, WE'RE PER, SO ALL OF THIS WE'RE RELOCATING. WE'RE CURRENTLY OFF BROADWAY STREET. MM-HMM. . UM, WHAT KIND OF BUSINESSES ARE YOU? SO WE ARE A LOCAL, UM, VINTAGE SHOP. UM, OUR NAME IS GRAY MOON VINTAGE. I SEE. UM, WE, WE'VE BEEN AROUND SINCE, UH, 2016 IN SAN ANTONIO. WE'VE HAD A STOREFRONT SINCE 2016 ON BROADWAY STREET. UM, WE PURCHASED THESE PROPERTIES, UH, LAST YEAR AND HAVE BEEN SLOWLY RENOVATING, UM, UPDATING THESE HOUSE THE HOUSES FOR, UM, THEY WERE ALREADY C TWO WHEN WE PURCHASED THEM, BUT, AND THEN, LIKE I SAID, THEY WILL ALSO HAVE OTHER BOUTIQUES, FOOD TRUCKS, POSSIBLY A COFFEE TRUCK OR COFFEE TRUCK. AND THE FOOD TRUCKS WILL BE LOCATED IN THE PARKING LOT INSIDE? NO, NO. OR ON YOUR, IN THIS ADJACENT PROPERTY. I SEE. OKAY. NOW WHAT WOULD BE, YOU SAID THAT YOU WOULD LOSE TWO PARKING SPACES IF YOU DIDN'T GET THE VARIANCE. WHAT WOULD BE THE OUTCOME IF YOU GOT THE ALTERNATE, UM, UH, VARIANCE THAT THE, THIS SUGGEST IED THINK WE LOSE TWO SPACES? YOU STILL WEREN'T OR MORE YEAH, BECAUSE THE TWO, BECAUSE WHAT NATALIE WAS MENTIONING IS, IS THIS LINE, SORRY. UM, SO THIS IS ACTUALLY ONE SIZE OF ONE, UM, HANDICAP PARKING SPOT. SO THAT'S NOT EVEN A SPACE. [00:50:01] AND THIS IS JUST THE BACK END BECAUSE WE HAVE TO HAVE, UH, ONE ENTRANCE, ONE EXIT COMING IN HERE. UM, THE, THE QUESTION THEN TWO BECOMES NEAR THE LINE THAT SAYS ONE THAT YOU SEE WHERE IT SAYS NUMBER ONE, THERE'S A RESIDENTIAL PROPERTY ON THAT SIDE. CORRECT. ARE THEY, WE HAVEN'T HEARD FROM THEM. HAVE YOU HEARD FROM THEM IN TERMS OF WHAT THEY FEEL LOSING THE BUFFER? I'VE GONE OVER THERE MULTIPLE TIMES. I HAVEN'T HAD MUCH CONVERSATION WITH HIM, HONESTLY. I THINK YOU MIGHT HAVE SPOKEN MORE TO HIM. SO, UM, WE'VE BEEN TOLD BY THE NEIGHBORHOOD ASSOCIATION THAT THE RESIDENT DOES NOT WANT TO BE INVOLVED. UM, DURING THE ZONING TIME AND ALL THAT STUFF, HE DIDN'T RESPOND TO ANY OF THOSE THINGS. I'VE SAID HELLO TO HIM. I GAVE HIM SOME CHRISTMAS FOOD OVER THE HOLIDAYS, BUT I DIDN'T WANNA PUSH THE POINT ON THAT. UM, HE'S AL HE'S RECEIVED A LETTER, I'M SURE, AND HE HASN'T SAID ANYTHING. LIKE I SAID, FROM WHAT WE'RE UNDERSTANDING IS HE DOESN'T WANNA BE INVOLVED IN THE PROCESS. SO, AND YEAH, WE GET ABOUT A WAVE FROM HIM. THAT'S ABOUT ALL WE GET. BUT, UM, HE'S ABOUT, UM, I THINK SOMETHING LIKE EIGHT FEET ON THE OTHER SIDE OF THAT PROPERTY BEFORE IT HITS HIS HOUSE. WE WILL BE, LIKE NATALIE SAID, ON THIS RESIDENTIAL SIDE, WE ARE GOING TO, HE HAS A PREVIOUS FENCE. WE ARE GOING TO GET AN A CHAIN LINK. WE'RE GOING TO GET A, UM, A PICKET SIX FOOT PICKET FENCE THERE. SO THAT WILL CREATE PART OF A BUFFER AS WELL AS LONG AS THE, AS WELL AS THE BUFFER THAT WE'RE PUTTING THERE. THERE WE GO. AND, AND WOULD THIS PARKING LOT, I GUESS THE PARKING LOT WILL BE OPEN 24 HOURS A DAY OR JUST WHEN YOUR BUSINESS IS OPEN? OPEN? THERE'S GONNA BE, YEAH, IT'LL BE, UM, THERE'S HOURS SET BY RIVER ROAD WHEN WE ARE WORKING WITH THEM THAT THEY WANT IT TO BE CLOSED OFF, UM, CERTAIN TIMES. YEAH. SO AFTER MIDNIGHT, AND I THINK WE CAN'T OPEN IT UP TILL, I BELIEVE IT WAS 5:00 AM IS THAT RIGHT? 5:00 AM FOR THE COFFEE. AND TO GO BACK REALLY QUICK, THAT'S LOOKING AT THE RESIDENT'S HOUSE, THE WHITE HOUSE, UH, ON THE OTHER SIDE OF THE CHAIN LINK FENCE, LIKE I SAID, HE HAS SEVERAL TREES OVER THERE ALREADY, SO IT'LL BE HIS TREES PICKET FENCE, AND THEN A BUNCH OF, UH, SHADE TOLERANT SHRUBS AND OTHER LARGE GREENERY. UH, AS FAR AS THE BUFFER, LIKE I, I GUESS WHAT I WORRY ABOUT TOO IS LIGHTS AND NOISE, YOU KNOW, ESPECIALLY IF YOU'RE OPEN TILL MIDNIGHT, IF YOU'RE, WE'RE NOT OPEN TILL MIDNIGHT. THIS WAS A, UH, YOU'RE PARKING TILL MIDNIGHT. OKAY. YEAH. IT'S, IT'S MORE FOR STAFF TO STAY TILL MIDNIGHT. MOST OF THE BUSINESSES WILL CLOSE BETWEEN NINE AND 10. UM, ALL OF US, IF YOU'RE FAMILIAR, WE'RE AT BROADWAY NEWS, THERE'LL BE SEVERAL OF THOSE FOOD TRUCKS. WE'RE DAYTIME ORIENTED BUSINESSES. UH, WE JUST ASK FOR MIDNIGHT JUST TO GIVE US AMPLE TIME IF WE DO NEED TO DO CLEANING DAYS OR SOMETHING LIKE THAT. THAT'S WHY IT CLOSES AT MIDNIGHT. THANK YOU MS. KAPLAN. MR. DORE? YES. SO, UH, CAN YOU PLEASE POINT OUT WHERE THIS, UH, UH, THE TWO HOMES, THE GREEN AND THE BLUE HOMES ARE IN RELATION TO THE PARKING ON A MAP OR SOMETHING? CAN YOU GO BACK TO THE AERIAL? SURE. IS IT AERIAL WITH THE LABELS? OKAY, SO THE TWO HOUSES. YEAH. 33 0 9 AND SIX 30 AND 6 32. SO THEY'RE, THEY'RE ACROSS FROM, UH, THEY'RE ACROSS THE STREET? YES. OKAY. UH, AND ON YOUR SITE PLAN, YOU SHOW, UH, UH, A PORTION OF THE PARKING LOTS USED FOR CARS WHEN THEY'RE BACKING OUT. SO THEY CAN MAKE, UH, THE THREE POINT TURN AND THEN EXIT THE FIVE FOOT EIGHT. THAT'S THAT CURRENTLY YOU'RE ASKING FOR, IS THAT THE DIMENSION FROM THAT INSET CAMERA TURNAROUND, OR IS THAT, IS THAT FROM THE SIDE OF THE ASPHALT FOR THE ACTUAL PHYSICAL PARKING SPACE? WHERE IS THAT DIMENSION GOING TO? I THINK IT'S TO THE, YEAH, THE LONGEST PART OF IT, NOT THE INDENTION PART. YEAH. OKAY. SO BECAUSE I ALWAYS, I WAS UNDER THE IMPRESSION THAT IF YOU, IF YOU WERE GIVEN, UH, WHATEVER BRANCH YOU'RE GIVEN TO, YOU CAN, THERE'S A, THERE'S A GIVE AND TAKE ON THAT. SO IF YOU TALK TO STAFF THAT IF YOU GET THE SEVEN FOOT SIX, BUT THAT INSET IS ACTUALLY FIVE FOOT EIGHT, I MEAN, COULDN'T THEY JUST MAKE THAT A WASH? IS THAT A QUESTION FOR US OR STAFF? WE HAVE HAD A MEETING WITH STAFF. UM, WE ACTUALLY WERE ASKING FOR SIX DIFFERENT VARIANCES AND THIS WAS THE ONE THAT THEY SAID FOR US TO APPLY FOR. BECAUSE YOU CAN DEAL LIKE THE PLANTING VARIANCES, YOU WOULD DEAL WITH THEM ADMINISTRATIVELY. IS THAT CORRECT? THE PLANTING? THEY TOLD US THAT WE WOULD HAVE TO ARGUE THAT TODAY BECAUSE THAT'S NOT ON THE AGENDA. WE'RE JUST HERE ABOUT A, A, A REDUCTION TO THE ACTUAL, UH, WE'RE NOT, WE'RE NOT TALKING ABOUT THE PLANTING COMPONENT OF THAT. IS THAT CORRECT? STAFF? UH, IT'S THE TREE DEPARTMENT CAN ANSWER THAT QUESTION. RIGHT. BUT WE WILL HAVE OUR TREE SUBJECT MATTER EXPERT COME UP. OKAY. SO AT THIS POINT, DO WE WANT THE TREE LANDSCAPE BUFFER? AND WHILE HE'S COMING UP, I'LL JUST POINT OUT THAT THE ZONING ORDINANCE, UM, WAS APPROVED BY CITY COUNCIL BACK, UM, ON, IN NOVEMBER. AND THE CONDITIONS THAT WERE PLACED ON THIS USE WERE HOURS OF OPERATION FROM 5:00 AM TO [00:55:01] 12:00 AM AND INSTALLATION OF A MINIMUM FOUR FOOT GATE WITH LOCK TO SECURE THE PARKING LOT DURING NON-BUSINESS HOURS. AND ONE MORE THING IS THAT WE DO HAVE PUBLIC COMMENT THAT MAY HELP CLARIFY SOME ISSUES. DO THEY NEED LIKE A SPECIAL PARKING AGREEMENT IF THE PROP PARKING IS ALL SIGNED? IT'S NOT CONTIGUOUS TO THEIR, UM, NO SIR. THEY ZONED FOR IT BY RIGHT. MM-HMM. . GOTCHA. OKAY. GOOD AFTERNOON. I'M AN ASSISTANT CITY ARBORIST. JACOB SANCHEZ, UH, ON THE TREE ISSUE, WHEN I, WHEN, WHEN I DISCUSSED IT WITH MERKEL TREE WAS NOT ON, WAS NOT ON THE TABLE, IT WAS JUST ABOUT THE ACTUAL SETBACK, THE WIDTH OF IT. BUT NOTHING ABOUT ELIMINATING OR REDUCING THE VEGETATION THAT'S REQUIRED. OKAY. IS THAT SOMETHING THAT, UH, YOU CAN DO ADMINISTRATIVELY OR DOES IT HAVE TO COME TO THE BO OA IF THEY WANT A REDUCTION IN THE PLANTING, THAT'S INCLUDED. THAT'S, THAT'S PART OF THE BOA. SO IT'S NOT ADVERTISED. THE IT'S NOT ADMINISTRATIVE, IT'S NOT ADVERTISED. DO WE NEED TO HAVE THIS TAKE COME BACK AT A LATER TIME SO THAT COULD BE CORRECTED? UH, THIS IS PART OF THE REDUCTION OF THE VARIANCE. OKAY. THE RE REDUCTION OF IT'S IN THERE. IT'S IN THERE. I JUST WANNA MAKE SURE I I WANNA MAKE SURE IT'S IN THERE. YEAH. UM, AND DID YOU, AND WHEN YOU, WHEN YOUR DEPARTMENT WAS REVIEWING THE LANDSCAPING, UH, DID YOU SEE A, DID YOU GUYS UH, HAVE ANY SORT OF COORDINATION EFFORTS THAT, THAT COULD POSSIBLY ALLEVIATE SOME OF THIS STUFF? 'CAUSE THE STAFF IS RECOMMENDING A SEVEN AND A HALF FOOT AND WE HEAR TESTIMONY THAT THAT'S ALREADY ALLOWED BY RIGHT. WAS THERE ANY, UH, YOU KNOW, LAYOUT DISCUSSIONS THAT, THAT WOULD, WOULD NOT REQUIRE THEM TO BE HERE AT ALL? FROM WHAT I UNDERSTAND, THIS HASN'T EVEN BEEN SUBMITTED FOR THE FORMAL REVIEW. THIS IS, THIS IS A PRELIMINARY, THIS OKAY. A STANDALONE. SO WE HAVEN'T EVEN HAD A CHANCE TO SAY, YEAH, TO GIVE OUR 2 CENTS ON THAT. IT'S JUST WHAT, WHAT, UM, THE BOA STAFF PRESENTED TO ME AND I GAVE THE RECOMMENDATION BASED ON THAT. ALRIGHT. THANK YOU SO MUCH MAN. THANK YOU. THANK YOU MR. MAN. MANNA. SO QUESTION FOR, UH, OUR WRIST HERE. SO, UM, OR MAYBE CITY STAFF. AND SO WITH REGARDS TO THE LANDSCAPE BUFFER, SO AS I LOOK AT THE SIDE PROPERTY, I SEE THAT TOWARDS THE BACK IT, YOU KNOW, IT IS A LITTLE BIT MORE OPEN WHERE A TREE POTENTIALLY COULD SURVIVE BACK THERE. AND SO FROM A LANDSCAPE BUFFERING PERSPECTIVE, DOES IT SPECIFY, UM, THE DISTANCES BETWEEN THE TREES AND THE BUSHES ALONG THAT STRIP AND, AND WHAT THE PACING NEEDS TO BE? YES. BASED ON SPECIES? YES SIR. YEAH, SO, SO IT'S, IT'S SPECIFIED SPECIFICALLY ON, IN 200 FOOT SPACE EVERY 50 FEET I NEED TO HAVE IT OR WITHIN 200 FEET I NEED TO HAVE FOUR AND YES, EXACTLY. SO THERE IS A PRESCRIBED, UH, UH, QUANTITY PER, UH, BUFFER TYPE AND THEN THERE IS SPACING REQUIREMENTS JUST SO THE TREES CAN GROW ADEQUATELY THERE. MS. MATT, DID THAT HELP? YEAH, I GUESS AS WELL, I'M JUST TRYING TO UNDERSTAND. SO FROM, FROM UH, THE APPLICANT'S PERSPECTIVE, YOU KNOW, THE, THERE'S A LOT OF TREES ALREADY THERE ON THE FRONT HALF OF THAT PROP ON THE FRONT FORWARD PORTION OF THAT PROPERTY. BUT THE BACK IS A LITTLE BIT MORE OPEN. SO, SO IF WE TALK ABOUT THE LANDSCAPE BUFFER, YOU KNOW, IF WE FORGIVE IT THEN YOU KNOW, THEN THERE'S NONE REQUIRED WHERE WE SAY YOU, WE WANNA HAVE THE, AT LEAST, YOU KNOW, THOSE, THOSE TREES ARE NOT PART OF THEIR PROJECT LIMITS. SO THOSE TREES CAN COME OUT TIME AS PER THE RESIDENTS. SO THAT BUFFER WOULD NOT BE ESTABLISHED IF THEY COULD MOVE FORWARD. SO THAT'S WHY THE TREES NEED TO BE ESTABLISHED AT THIS TIME. YEAH. THANK YOU SIR. ANY OTHER QUESTIONS? THANK YOU. STAFF OR, YEAH, I HAVE ONE MORE QUESTION. I'M SORRY TO ASK, BUT IF THOSE TREES ARE ON THE OFFSET ON THE NEIGHBORING PROPERTY AND IF THEY WERE TO GO IN AND NOT HAVE THIS AND NOT HAVE THE BUFFER, COULD THEY PLANT A TREE THAT CLOSE TO OTHER TREES LIKE THAT? I MEAN, IS THAT YES, THEY CAN. THEY, OKAY. YEAH. THE, THE FACT THAT THERE ARE ADJACENT TREES THAT THE FENCE LINE TREES, UM, THEY MIGHT NOT BE IN THE BEST SHAPE. AND THAT'S WHY I PICKED ON THAT THE OWNER IS, IS, IS ABLE TO GO AHEAD AND REMOVE THEM, UM, IF THEY'RE UNSAFE. UM, BUT THE REESTABLISHMENT OF THOSE TREES IS A MUST. WE CAN WORK WITH THEM IS MAYBE REDUCE THE SPECIES TO A SMALLER SPECIES OR A MEDIUM SIZED TREE. UH, WE CAN ALSO WORK WITH THEM AS FAR AS LOCATION OF PLANTING THEM ALONG THAT, WITHIN THAT STRIP. UM, BUT IT IS A PRESCRIBED, IT IS A PRESCRIBED QUANTITY. ALRIGHT. THANK YOU. THANK YOU. THANK YOU. ANY OTHER QUESTIONS FOR STAFF HERE AT THIS POINT? I'D LIKE STAFF TO SEE IF WE HAVE ANY OF THOSE VOICEMAILS OR PUBLIC COMMENTS TO READ INTO THE PUBLIC RECORD. YEP. UH, GO AHEAD AND PLAY THE FIRST VOICEMAIL AND THEN WE HAVE, UH, TWO SPEAKERS. YES. THIS IS SETH TEAL AT 1 1 3 LINDELL PLACE, UH, SAN ANTONIO, TEXAS 7 8 2 1 2. CALLING IN REGARDS TO CASE, UH, BO A DASH TWO THREE DASH 0 3 0 0 0 0 4, UH, 33 14 NORTH ST. MARY'S. UH, JUST CALLING TO STATE THAT I AM IN SUPPORT OF THE VARIANCES REQUESTED, UH, FOR THAT PROPERTY. UM, IF YOU HAVE ANY QUESTIONS, YOU CAN GIMME A CALL AT TWO TEN SIX SIX FIVE ZERO SIX ZERO SEVEN. THANK YOU. HAVE A GREAT DAY. [01:00:23] OKAY. UM, SO WE HAVE, SORRY, ONE VOICEMAIL. UH, SO FIRST SPEAKER IS, UM, JENNA KENNEDY. CAN YOU STATE YOUR NAME AND ADDRESS AND YOU CAN ADDRESS THE BOARD. COMMISSIONER Z. EXCUSE ME. UH, THE CLOCK'S NOT COMING UP, SO I'M GONNA KEEP IT AND I'LL JUST LET YOU KNOW WHEN THE THREE MINUTES IS UP. OKAY, THANK YOU. JIM MCKEN, 5 0 9 RIVER ROAD. I'M WITH THE PLANNING COMMITTEE FOR RIVER ROAD NEIGHBORHOOD ASSOCIATION. WE HAVE BEEN MEETING WITH, UH, THE OWNERS OF THE PROPERTIES ON BOTH SIDES FOR A LONG TIME, AND WE WORKED WITH THEM DOING THIS NON-COMMERCIAL PARKING LOT, UH, FOR A CONDITIONAL USE, WHICH IS USUALLY AGAINST ANYTHING WE BELIEVE IN IN RIVER ROAD. AND SO THIS'LL BE THE FIRST TIME YOU'RE HEARING THAT WE SUPPORTED SOMETHING LIKE THIS. AND THE REASON FOR THAT, IT'S AN ODD SHAPED PROPERTY. WE'VE DISCUSSED HOW TO UTILIZE THIS PROPERTY NUMEROUS TIMES. WE'VE HAD DEBATES ON IT. AND BELIEVE ME, RIVER ROAD HAS A LOT OF DEBATES ON WHAT WE SHOULD DO WITH THIS PROPERTY. AND WE AGREED THEN TO DO THE PARKING LOT. IT'S IN AN ODD PLACE. WE'RE GONNA BE REDOING THAT STREET. WE'RE REDOING THE SIDEWALKS AND HAVING THIS, UH, THEN THEY ASK FOR THE VARIANCE. I UNDERSTAND WHY THE VARIANCE IS THERE AS US. I SORT OF AGREE. WE WOULD LOVE TO HAVE MORE SPACE BETWEEN THE, THE HOME THAT'S BEHIND IT. THE SIX FOOT FENCE WAS ALREADY STATED. THEY ARE GONNA PUT GREENERY. WE'VE TALKED WITH THEM ON VERY LOW LIGHTS IN THAT PARKING LOT. THEY'LL BE SHUT OFF. IT'LL HAVE A GATE. WE'RE TRYING TO MAKE IT SAFE. THE OTHER THING WE'RE TRYING TO DO IS BEAUTIFY THAT STREET AND BEING ABLE TO UTILIZE IT. WHEN THEY WENT FOR ZONING FOR THEIR PROPERTIES ACROSS THE STREET, THEY DIDN'T TELL YOU THESE ARE OLDER HOMES. 1915 HOUSE AND THE 1920S HOUSE. THEY RENOVATED THESE HOMES TO PUT THEIR BUSINESSES IN. I KNEW THE SQUARE FOOTAGE, HOW MANY PARKING SPACES THEY WERE GONNA NEED, AND I WAS WONDERING, WHERE IS THIS GONNA HAPPEN? THEY ALSO BOUGHT THE PROPERTY ACROSS THE STREET THAT CANNOT BE UTILIZED FOR ANOTHER BUSINESS. WE LOOKED AT IT, WE LOOKED AT THE COST, THE PERFORMA TO REALLY UTILIZE THE SPACE. THE PARKING LOT SEEMED THE BEST USAGE FOR THIS SPACE. THEY HAVE DILIGENTLY AND I MEAN DILIGENTLY. I'VE NEVER WORKED WITH ANYBODY LIKE THIS THAT HAS GONE TO THE RIO, HAS GONE TO DSDA NUMBER OF TIMES. THEY'VE GONE BACK AND FORTH. THEY'VE TALKED WITH EXPERTS IN THE NEIGHBORHOOD TO DO THIS. I FEEL THAT IF THIS VARIANCE IS GRANTED, THEY WILL PUT GREENERY THERE. THEY WOULD'VE FENCE. AND THEY'RE RESPECTFUL OF THE NEIGHBORHOOD BECAUSE OF ALL THE WORK THEY HAVE DONE. SO THIS FAR, AGAIN, WE ALL MET, WE LOOKED AT THE RECENT PLAN, AND EVERYONE OF THE PLANNING COMMITTEE AGREED THAT WE'D LIKE TO SUPPORT THIS VARIANCE. THANK YOU. THANK YOU, MS. KENNEDY. LET'S SEE IF WE HAVE ANY QUESTIONS FOR YOU. , NEXT SPEAKER PLEASE. IT IS, UH, COLIN AND COLIN PASS US DISREGARD, OR NATALIE, THAT'S ALSO OKAY. THAT'S IT. ALL RIGHTY. UM, SO I'D ASK THE APPLICANTS TO PLEASE COME BACK UP IF YOU HAVE ANY LIKE CLOSING REMARKS YOU'D LIKE TO MAKE. YOU'VE, UM, GOT A LOT OF SUPPORT FROM YOUR NEIGHBORS AND SUCH. I JUST WANNA SEE IF YOU HAVE ANYTHING CLOSING BEFORE WE CLOSE THE PUBLIC PORTION. WELL, I, I, I'D JUST LIKE TO SAY AGAIN, UM, UH, THANK YOU TO GEMMA SO MUCH. SHE'S BEEN, UM, GREAT THROUGH THIS WHOLE PROCESS, REALLY THE, THE WHOLE PLANNING COMMITTEE. UM, AND, UM, YEAH, I REALLY DON'T HAVE MUCH ELSE TO SAY. I DO. UM, GEMMA REMINDED ME WHEN SHE MENTIONED IT, AND ALSO THANK YOU SO MUCH GEMMA, FOR COMING AND SPENDING YOUR TIME HERE TODAY AND SAYING SUCH NICE THINGS. WE REALLY APPRECIATE IT. UM, THE LIGHTING, I THINK COMMISSIONER KAPLAN MENTIONED RIO ONE HAS ITS OWN PARAMETERS FOR LIGHTING AND TEMPERATURE AND, AND SO ON AND SO FORTH, ESPECIALLY SPECIFICALLY FOR PARKING LOTS. I CAN'T QUITE REMEMBER WHAT THEY ARE, BUT IN TERMS OF, I KNOW ONE OF THEM IS LIKE, WE CAN'T HAVE A POLE HIGHER THAN 30 FEET. AND IF IT IS, IT NEEDS TO BE AT A 90 DEGREE ANGLE. THERE'S TEMPERATURE, THERE'S THE CANDLE PER FOOT OR SOMETHING WATTAGE. UM, AND WE WILL BE, REGARDLESS OF IT, HAVING CONVERSATIONS ABOUT THIS CONTINUALLY, UM, FOR THE LIGHTING IN ADDITION TO THE, THE FENCE, HOPEFULLY HELPING WITH [01:05:01] ANY LIGHTING THAT MIGHT AFFECT, UH, THE RESIDENT. BUT WE PLAN, PLAN TO HAVE MORE GROUND LIGHTING, LOW LIGHTING, MOST OF THE LIGHTING BEING TOWARDS THE STREET SIDES ANYHOW. UM, AND THEN POSSIBLY SOME MOTION LIGHTING IF WE FEEL LIKE IT BECOMES NECESSARY IF PEOPLE, FOLKS ARE STILL JUMPING OVER THE FENCE OR ANYTHING LIKE THAT. BUT, UM, I THINK THAT'S PRETTY MUCH THE ONLY THING I WANTED TO TOUCH ON. OH, NO, NO, NO. I TAKE IT BACK. UM, BACK TO THE LANDSCAPING THING, UM, ONE WE HAVE BEEN CONSULTING WITH OUR ARBORIST. UH, WE'VE BEEN WORKING WITH HIM MORE SO ON THE HOU THE SIDE WITH THE HOUSES BECAUSE THERE ARE SEVERAL VERY, VERY OLD AND BEAUTIFUL TREES THAT WE'VE BEEN TRYING TO, TO REINVIGORATE, UM, AFTER WE'VE HAD SUCH A HARD TIME WITH WEATHER FOR THE PAST FEW YEARS BEFORE WE OWNED IT. AND HE IS SAYING THAT HE DOESN'T THINK THAT A CANOPY TREE OR EVEN A MEDIUM TREE WOULD BE SUCCESSFUL ON THAT PROPERTY LINE. AND I THINK IT WAS MENTIONED AND POSSIBLY I MISUNDERSTOOD ABOUT REMOVING, UH, THE CURRENT TREES THAT ARE THERE, BUT I DON'T KNOW THAT THAT'S POSSIBLE SINCE THEY'RE NOT OURS. UM, AND YEAH, WE JUST WANT SUCCESSFUL TREES. UH, WE'RE JUST ASKING TO MOVE THEM FROM THAT CORNER AND FROM WHATEVER THE PARAMETERS ARE AND TO, TO, IF THEY WERE PUT ON THE SOUTHWEST CORNER, THEY WOULD PROVIDE MORE SHADE. UM, BECAUSE THAT'S WHERE THE SUN, THE, THE HOTTEST PART OF THE DAY. THE SUN WOULD BE STARTING OVER THERE ON THE WE WEST, SOUTHWEST SIDE, UM, AND PROVIDING SHADE TO THE PAVEMENT ITSELF. BUT I THINK THAT'S ALL I HAVE. THANK YOU. THANK, THANK YOU MS. MEDINA. ALRIGHT. UH, MS. KAPLAN, WOULD YOU LIKE TO MAKE MOTION RAG? UH, MS. LIN? I'M SORRY. I WAS LOOKING AT KAPLAN TO SAY SORRY. THAT'S ALL RIGHT. BECAUSE YOU WERE GRABBING YOUR REGARDING CASE NUMBER BO OA DASH TWO THREE DASH 0 3 0 0 1 0 4. I MOVE TO THE BOARD OF ADJUSTMENT GRAND REQUEST FOR NINE FOOT FOUR INCH VARIANCE FROM THE MINIMUM 15 FOOT BUFFER YARD TO ALLOW A FIVE FOOT EIGHT INCH BUFFER YARD ALONG THE EASTERN PROPERTY LINE, SITUATED AT 3 3 1 4 NORTH ST. MARY STREET, APPLICANT BEING NATALIE MEDINA. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW 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 UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS REPRESENTED BY MINIMUM LANDSCAPE BUFFER BETWEEN COMMERCIAL USES AND RESIDENTIAL PROPERTIES. STAFF FINDS THE VARIANCE WOULD STILL LEAVE A SUITABLE DISTANCE FROM THE PROPOSED PARKING LOT AND THE ABUTTING AND ADJACENT PROPERTIES. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF FOUND SPECIAL CONDITIONAL, SPECIAL CONDITIONAL THAT LITERAL ENFORCEMENT OR OF THE ORDINANCE WOULD, WOULD CAUSE AN UNNECESSARY HARDSHIP FOR THE LANDSCAPE BUFFER AS THE PROPERTY DOES NOT HAVE SUFFICIENT ROOM TO ACCOMMODATE BOTH THE REQUIRED LANDSCAPE BUFFER YARD AND THE PROPOSED DEVELOPMENT. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REDUCED LANDSCAPE BUFFER WILL STILL OBSERVE THE SPIRIT OF THE ORDINANCE AND THERE WILL STILL BE THE PRESENCE OF LANDSCAPE BUFFERS SEPARATING THE PARKING LOT FROM THE OPENING PROPERTY AND CONTRIBUTING TO THE OVERALL LOOK AND FEEL OF THE AREA FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH 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 REDUCED LANDSCAPE BUFFER WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY AS THERE WOULD STILL BE BUFFER YARD PROVIDING A SEPARATION BETWEEN THE PROPERTY AND THE BUDDING AND ADJACENT RE RESIDENTIAL DWELLINGS. SIX. THE PLIGHT OF THE OWNER 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 THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE PLIGHT OF THE OWNER OF THE PROPERTY, WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE PROPERTY DOES NOT PROVIDE SUFFICIENT ROOM TO IMPLEMENT A BUFFER YARD LARGER THAN FIVE FOOT EIGHT INCHES. END OF MOTION. SECOND. SECOND, SECOND. MS. KAPLAN, UH, MS. BRAGMAN, WOULD YOU LIKE TO PROVIDE SOME COMMENT? YES, I'LL BE IN SUPPORT OF THE MOTION. UM, AS THE, UM, RIVER ROAD COMMUNITY HAS SAID THEY'RE IN SUPPORT OF THE MOTION, THEY'VE WORKED VERY DILIGENTLY WITH THE APPLICANT TO GET A REASONABLE, UH, PROJECT IN A, IN AN ODD SHAPE LOT THAT, UM, WOULD PROBABLY SIT FALLOW FOR A LONG TIME, UM, IF THIS PROJECT HAD NOT BEEN PRESENTED TO THEM. AND SO I THINK THAT THIS IS, UM, A GREAT SOLUTION. UM, SOUNDS LIKE IT'LL BRING, UH, IMPROVEMENT TO THE AREA AS WELL. UM, AND SO I'LL BE IN SUPPORT. ALRIGHT, MS. KAPLAN? YEAH, I, I'LL ALSO BE IN SUPPORT OF THIS. UM, I WOULD LIKE TO HAVE HEARD FROM THE ADJACENT RESIDENTIAL NEIGHBOR, BUT THE FACT THAT, [01:10:01] UH, THE, THE NEIGHBOR HAD A CHANCE TO MAKE SOME KIND OF, UH, COMPLAINT AND DIDN'T AND WOULDN'T TALK TO YOU AND HASN'T SPOKEN UP. SO I'LL JUST HAVE TO FEEL THAT THEY'RE IN SUPPORT ALSO. MM-HMM. . SO I WILL BE IN SUPPORT. THANK YOU MANNA. MR. MANNA? UH, JUST QUESTIONS. WELL, I GUESS SEA STAFF END OR MS. BRAGMAN. SO, SO, UM, AS RED, UM, DOES THIS ELIMINATE THE BUFFER REQUIREMENT ON THE WEST PORTION OR THE, UH, EAST PORTION OF THE PROPERTY? UM, YOU KNOW, 'CAUSE 'CAUSE THAT WAS PART OF THE DIALOGUE HERE WAS NOT HAVING TO MEET THE, UM, LANDSCAPE BUFFERING REQUIREMENTS IN THAT SPACE. UM, AND SO AS RED, I DON'T KNOW THAT IT DID THAT. SO IS THAT CORRECT? ARE YOU SAYING TO JUST SPECIFY THE EASTERN PROPERTY LINE? IT SAYS PROPERTY LINE, IT SAYS EASTERN PROPERTY LINE IN THE MOTION. THE SECOND LINE, THE SECOND LINE SAYS EASTERN PROPERTY LINE. RIGHT. BUT I THINK IT'S, SO, BUT DOES THAT INCLUDE LANDSCAPING? UM, WITH REGARDS TO THE DIALOGUE? 'CAUSE I THINK THAT PART OF THE DIALOGUE WE HAD WAS THE ELIMINATION OF THE LANDSCAPING REQUIREMENT IN THAT BUFFER. SO WE'RE TALKING ABOUT THE BUFFER AS WELL AS THE LANDSCAPING PIECE. AND SO, SO SO THE DIALOGUE WAS THAT THEY, IF I UNDERSTOOD CORRECTLY, THAT THEY WANTED TO NOT HAVE THAT LANDSCAPE REQUIREMENT IN THAT BUFFER SPACE. RIGHT. AND SO IS THAT, IS THAT HOW IT READS? SO THAT'S NOT HOW I READ IT. SO NO, THIS IS JUST REDUCING THE WIDTH OF IT. THAT'S ALL. NOT ELIMINATE, NOT NOT REDUCING THE QUANTITY OF PLANTING. OKAY. SO YEAH, THAT WOULD BE, THAT WOULD BE ADDED. THAT'S, THAT'S NOT IN, THAT'S NOT IN THAT LINE. DO THEY NEED TO PUT THAT IN A MOTION? WELL ACTUALLY, JACOB, CLARIFY IF THAT IS GONNA BE SOMETHING THAT'S GONNA BE DISCUSSED, WE WOULD NEED TO BE ABLE TO REVIEW PLANS IN OR AND PROVIDE A RECOMMENDATION, WHICH THEY HAVEN'T SUBMITTED PLANS YET. YES. SO THAT WOULD BE THE NEXT STEP IN THE DEVELOPMENT PROCESS WHEN THEY SUBMIT THEIR PERMITS FOR REVIEW, STAFF WILL REVIEW THEIR PROPOSED LANDSCAPING REQUIREMENTS AND THEN AT THAT TIME TALK ABOUT POTENTIAL CHANGES. YES. IF THERE'S GOING TO BE A REQUEST FOR REDUCTION OF THOSE LANDSCAPING REQUIREMENTS, THEN THERE POSSIBLY WOULD HAVE TO COME BACK HERE, BUT WE WOULDN'T KNOW THAT UNTIL WE ACTUALLY GET THE PROPOSED PLANS. THANK, THANK YOU FOR THAT CLARIFICATION. 'CAUSE I THINK I ANSWERED MR. RYAN'S QUESTION AS, AS WELL AS SOME OF THE ONES THAT, THAT I HAD. SO PERFECT. THANK YOU. ALRIGHT. THANK YOU MR. MADO. ANY OTHER QUESTIONS? STAFF AT THIS POINT, LET'S GO AHEAD AND TAKE A ROLL CALL VOTE. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BURTON, I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. I COMMISSIONER CRUZ. I CONCUR. COMMISSIONER ZUNIGA, CAN YOU GIVE US A THUMBS UP OR A THUMBS DOWN? MR. ZUNIGA? THUMBS UP. MR. ZUNIGA. THANK YOU. COMMISSIONER MANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER VEZ? I CONCUR. COMMISSIONER ORIAN? YES. CHARLES ZUNA? YES. I CONCUR WITH 10 IN FAVOR. ONE IN OPPOSITION. THE VARIANCE AS READ PASSES. GOOD LUCK WITH THE PROJECT. THANK YOU. NEXT CASE PLEASE. GOOD AFTERNOON. AGENDA ITEM FOUR BO 8 23 1 0 3 0 0 300. ADDRESS IS THREE 19 SOUTH SAN MARCOS COUNCIL DISTRICT FIVE APPLICANT IS FRANCISCO JAY MORALES. A REQUEST FOR A ONE FOOT 10 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A THREE FOOT TWO INSIDE SETBACK ON THE NORTHERN AND SOUTHERN PROPERTY LINES. ZONING IS R FOUR CD CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED ON SOUTH SIDE MARCUS, EAST OF ICE 35, AND HISTORIC WEST SIDE COMMUNITY OF SAN ANTONIO. THE LOT IS CURRENTLY EMPTY AND HAS BEEN FOR SOME TIME. THE APPLICANT IS SEEKING A VARIANCE FOR THE SITE SETBACK ON THE SOUTHERN AND THE NORTHERN PROPERTY LINES TO CONSTRUCT A DUPLEX DUE TO THE SIZE OF THE LOT AND THE PROPOSED SQUARE FOOTAGE OF THE DUPLEX. A SIDE SETBACK VARIANCE IS REQUIRED UPON SITE VISITS, STAFF OBSERVED A SINGLE FAMILY RESIDENCE ADJACENT TO THE SUBJECT PROPERTY. THE PROPERTY WAS RE-ZONED IN JUNE OF 2023 FOR TWO UNITS. THE SITE PLAN INDICATED THE REDUCED FOUR INCH, UH, FOUR FOOT FOUR INSIDE SETBACK ON THE SOUTHERN PROPERTY LINES AND NORTHERN AND APPLICANT FOLLOWING THROUGH THE VARIANCE REQUEST FOLLOWING THE REZONING. THIS IS A SITE PLAN AND THE SUBJECT PROPERTY AND IS A PROPERTY NEXT DOOR AND THE SURROUNDING AREAS. STAFF RECOMMENDATIONS, SIDE SETBACK VARIANCE STAFF RECOMMENDS APPROVAL AND BO 8 23 1 0 3 0 0 300 BASED [01:15:01] ON THE FOLLOWING FINDINGS DUE TO THE SIZE OF THE LOT AND THE PROPOSED SQUARE FOOTAGE OF THE STRUCTURE. AND TWO, IT WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT NOTIFICATION PLAN. STAFF MAILED OUT 23 NOTICES. ONE. RETURN IN FAVOR, ZERO IN OPPOSITION AND HISTORIC WEST SIDE RESIDENTS ASSOCIATION IS IN FAVOR. HERE'S THE PUBLIC COMMENT AND THE LETTER FROM THE ASSOCIATION. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. THANK YOU. LET'S SEE IF WE HAVE STAFF MANA, MR. MANA. SO, UM, SO JUST TO UNDERSTAND THIS, SO, SO IF I LOOK ON, UM, ONE STOP, IT SHOWS IT AS BEING R FOUR. AND SO WOULD THIS, DID IT GET REZONED TO R FOUR? THAT IT'S R FOUR CD? UH, FOUR, TWO YEARS. SO CD ALLOWED FOR THE SIR. OKAY. YES SIR. THANK YOU. UHHUH . THANK YOU. ANY OTHER QUESTIONS FOR STAFF? YOU'RE NONE I'D ASK THE APPLICANT TO PLEASE COME FORWARD. GOOD AFTERNOON. MY NAME'S JAVIER MORALES WITH JSA HOMES. UM, YEAH, I'M COMING IN JUST ASKING FOR THE SIDE SETBACKS. UM, VARIANCE, UH, DUE TO THE NARROWNESS OF THE LOT, THE LOT'S, ONLY 35 FEET, UH, WIDE. UM, THE SECOND FLOOR IS REALLY WHAT I'M ASKING FOR THE SIDE, UH, VARIANCE IT OVERHANGS OF THE, FROM THE FIRST FLOOR. UM, AND DUE WITH, UH, IT'S GONNA BE, IT NEEDS TO BE FIRE RATED SINCE IT'S A DUPLEX, BOTH SIDES, THE INTERIOR WALLS. UM, SO THAT'S THE REASON WE'RE ASKING JUST FOR THE SIDE SETBACK, I'VE ALREADY GOT IT REZONED, OBVIOUSLY VINNY, VINCE EXPLAINED THAT IT'S ALREADY BEEN REZONED FOR THE DUPLEXES. SO WE'RE JUST, SO ON THE, ON THIS, ON THE GROUND LEVEL, WHAT IS THE SETBACK BE? UH, THE, UH, IT'LL BE FOUR FEET ON THE, ON THE FIRST FLOOR. I SEE. OKAY. AND, AND THE SECOND FLOOR HAS A ONE FOOT OVERHANG. OKAY. OKAY. LET'S SEE IF WE HAVE ANY QUESTIONS. PROOF MS. CRUZ CORIAN. OKAY, SIR. UM, QUESTION I, I SEE THE, THE DRAWING NOW IS THE PARKING SPACES JUST FOR ONE CAR EACH OR FOR TWO? NO MA'AM. UM, SO WE GAVE IT A 20 FOOT SETBACK IN ORDER FOR ONE CAR TO FIT. BUT THE FIRST FLOOR IS FOR TWO CAR GARAGE. UH, SO YOU CAN PARK TWO MORE CARS INSIDE IN THE DRIVEWAY ALSO. OH, OKAY. SO IT'S A, BOTH OF 'EM WILL BE, UH, TWO STORY. YES MA'AM. AND THERE ARE TWO OR THREE BEDROOM EACH. THEY'RE THREE BEDROOM, TWO AND A HALF BATH, UM, DUPLEXES. AND LIKE I SAID, WE DID, THE ONLY REASON WE DID THAT IS UH, WE DID ADD THE TWO CAR GARAGE IN ORDER TO HAVE MORE CAR SPACE IN THAT AREA. YEAH, WELL THAT'S A SMALL AREA. AND ALSO TWO, SINCE YOU GOT EMPTY LOTS NEXT TO YOU, I KIND OF IS, I DID OFFER TO BUY THE LOT NEXT DOOR. THE CITY OWNS IT. UH, AND I WAS GONNA REPAVE IT, BUT IT'S ACCESS FOR THE UH, ALLAN CREEK, UH, FOR CPS. SO THEY DIDN'T WANNA SELL IT TO US, SO. RIGHT. I DID TRY TO DO THAT, BUT THAT'S STILL A NEW PROPOSAL THAT'S BEING DONE, SO, YEAH. OKAY. THANK YOU. THANK YOU MS. BRAGMAN. UM, SO THIS IS FOR STAFF. UH, THE APPLICANT MENTIONED THAT, THAT THE, ON THE FIRST FLOOR, HE ONLY HAS FOUR FEET ON EACH SIDE. SO DOES HE NEED A, A VARIANCE REQUEST FOR THAT? NO, I CAME, SO I CAME LAST MONTH AND THEY HAD ONLY DONE THE FIRST FLOOR AND I TOLD 'EM THAT'S NOT GONNA WORK. SO THAT'S WHY I'M COMING BACK AGAIN BECAUSE IT'S THE FIRST, THE SECOND FLOOR OBVIOUSLY IS CLOSER TO THE SIDE SETBACK. SO WE'RE REQUESTING OBVIOUSLY TO TAKE ALL OF IT ALL AT ONCE. OKAY, SO YOU'VE ALREADY GOT THOSE VARIOUS RIGHT? IT'S ALREADY BEEN RIGHT? IT'S ALREADY BEEN AMENDED TO WHAT HE NEEDS? YES. THANK YOU. ALRIGHT, THANK YOU IAN, STORE IAN. YEAH. SO, UH, YOU HAD MENTIONED THAT THE GROUND FLOOR WAS FOUR FOOT, BUT THEN YOU WAS A FOOT OVERHANG ON THE SECOND FLOOR, BUT YOU'RE ASKING FOR A ONE FOOT 10 INCH. IS ONE FOOT 10 INCH ADEQUATE Y YES. UH, OKAY. AND THEN A QUESTION FOR STAFF. UH, THE, THE APPLICANT MENTIONED THAT THE LOT NEXT DOOR WAS USED BY THE CITY TO ACCESS THE ALAN CREEK. UH, DOES HE GET ANY SETBACK CREDITS? IS THAT CONSIDERED UH, A DRAINAGE EASEMENT OR SOMETHING WHERE HE WOULD GET SIMILAR TO AN ALLEY? ANY SORT OF HALF SETBACK CREDITS? YES, TECHNICALLY YES. SO THEN HE DOESN'T NEED A VARIANCE ON THE SOUTH SIDE, IS THAT CORRECT? THAT WOULD BE CORRECT. OKAY. I JUST WANTED TO PUT THAT OUT THERE, KAPLAN. ALRIGHT, MS. KAPLAN, JUST, JUST A QUESTION. I KNOW THIS MAY BE TOO LATE FOR YOU, BUT WAS THERE A REASON YOU DIDN'T SITUATE THESE TWO PROPERTY TWO UH, BUILDINGS ALONG MATMOS WHERE YOU WOULD'VE HAD A LOT, IT WOULD'VE BEEN A MUCH WIDER FRONT? THAT'S WHAT, THAT'S WHAT I TRY TO BUY. MONTE MAMOS ISN'T PAID OR ANYTHING, IT'S JUST THE EMPTY DIRT LOT OWNED BY THE CPS AND SO I TRY TO BUY IT AND ACTUALLY PAVE IT. BUT THEY DIDN'T, DOESN'T, DOESN'T YOUR LOT ISN'T YOUR LOT SAN SOUTH SAN MARCOS? YES. SOUTH SAN MARCOS. BUT AT THE CORNER OF SOUTH OF MATMOS, RIGHT? YES. MA. OR IS IT NOT MA'AM, BUT YOU SEE IT'S 4 0 3, UH, AND THAT'S, IT'S, IT'S JUST AN EMPTY DIRT LOT. IT'S NOT AN ACTUAL ROAD. IT'S NEVER BEEN DEVELOPED. RIGHT. HI, HIS PROPERTY IS THE RED OUT OUTLINE. YES MA'AM. NOT A DEVELOPED. YEAH. [01:20:01] OKAY. IT LOOKS LIKE IT'S A, BECAUSE I WANTED THE PICTURE, LOOKS LIKE IT'S DEVELOPED. WANTED THREE UNITS ON THE PROPERTY. YOU WHAT? I WANTED TO DO THREE UNITS ON THE PROPERTY IF WE WERE ABLE TO BUY THAT LOT. OH, I SEE. OKAY. YEAH. MANA. ALRIGHT, MR. MANA. SO TWO QUESTIONS. ONE IS, UM, IF WE GIVE A VARIANCE FOR THE THREE FOOT TWO, UM, UM, THAT WOULD APPLY FOR BOTH STORIES. SO YOU CAN'T SEPARATE THE TWO STORIES, UM, WITH REGARDS TO THE, THE VARIANCE, CORRECT? CORRECT, CORRECT. OKAY. AND THEN, UM, THE SECOND QUESTION IS, UM, HOW MUCH OF A BONUS OR, OR, UH, I GUESS, UH, CAVEAT DOES HE GET WITH REGARDS TO HAVING THE, UH, ABUTTING TO THAT, THAT SIDE PROPERTY? WELL, UH, AND NOW THAT I'M, I'M LOOKING AT IT, IT'S ACTUALLY A PLATTED LOT. IT'S PLATTED LOT FOR, UH, WITH THE ADDRESS OF 4 0 3 SOUTH SAN MARCO. BECAUSE OF THAT, THE CITY IS USING THE PROPERTY AS AN EASEMENT. MM-HMM. . BUT TECHNICALLY IT'S NOT AN EASEMENT BY DEFINITION. AND SO FOR THAT REASON, I WOULD STILL STICK WITH DOING BOTH SIDES. OKAY. UH, ORIENT. SO, SO ON ON COMMISSIONER AMANDA'S QUESTION, UH, CAN'T WE MAKE, CAN'T THE MOTION BE MADE TO BE A A, A ONE FOOT VARIANCE FOR THE, FOR THE FIRST LEVEL AND THEN IT, AND THEN A ONE FOOT 10 FOOT VARIANCE ON THE SECOND LEVEL? CAN WE DO THAT? YOU COULD. IT COMPLICATES IT WHEN IT, IT'S FAIRLY SIMPLE JUST TO, WELL, I, I'LL LEAVE THAT UP TO WHOEVER MAKES A MOTION, BUT I, I HEARD THAT FROM, I SEE WHERE COMMISSIONER MANNA WAS POSSIBLY ASKING ABOUT IT. 'CAUSE WE TRADITIONALLY LIKE TO, TO PROVIDE THE LEAST AMOUNT OF VARIANCE POSSIBLE. BUT THAT'S ALL. ALRIGHT, THANK YOU. ANY OTHER QUESTIONS, UH, FOR THE APPLICANT? HEARING NONE, UH, STAFF, DO WE HAVE ANY VOICEMAIL OR ANY, UH, PUBLIC COMMENT TO READ TO THE PUBLIC RECORD? THIS IS A RESPONSE TO LETTER RECEIVED REGARDING CASE NUMBER BOA 2 3 1 0 3 0 0 3 3 0. WE HAVE PROPERTIES LOCATED AT 1152 AND 1155 MORALES. WE ARE IN FAVOR TO ADJUSTMENT REQUEST AT 1156 MORALES SIMON ROMERO, ROSALINDA ROMERO. MY CELL NUMBER IS (210) 995-2618. I WILL ALSO CALL THE OTHER NUMBER THAT WAS GIVEN. THANK YOU. ALRIGHT. ANY OTHER PUBLIC COMMENT TO RE TO READ INTO THE RECORD? NO SIR. THAT WAS ALL. ALRIGHT. UH, SO I'D LIKE TO, UH, SEE IF THE APPLICANT, IF YOU HAVE ANY FINAL COMMENTS WE MAKE TO MAKE BEFORE WE CLOSE THE PUBLIC PORTION. ALRIGHT, THANK YOU. THAT CLOSES THE PUBLIC PORTION. I'D ASK A MEMBER TO PLEASE MAKE A MOTION. MS. KAPLAN, MS. KAPLAN, MS. KAPLAN, MS. KAPLAN . OKAY. REGARDING CASE NUMBER BO OA DASH 23 DASH OH 3 0 0 3 0 0, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT FOR A 10 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A THREE FOOT, TWO INCH SIDE SETBACK ON THE NORTHERN AND SOUTHERN PROPERTY LINE, SITUATED AT 3 1 9 SOUTH SAN MARCOS, APPLICANT BEING FRANCISCO J MORALES. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE HAS NOT CONTRARY TO THE PUBLIC INTEREST. THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS IT WOULD LEAVE SUFFICIENT ROOM ON THE SIDE SETBACK FOR PROPERTY MA MAINTENANCE AND DISTANCE FROM ABUTTING STRUCTURE. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT BUILDING THE STRUCTURE OF FIVE FEET FROM THE NORTHERN AND SOUTHERN PROPERTY LINES, WHICH RESULT IN AN UNNECESSARY HARDSHIP AS THE STRUCTURE WOULD HAVE TO REDUCE THE SQUARE FOOTAGE TO MEET THE SETBACK REQUIREMENTS ON THE LONG AND NARROW LOT. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE STRUCTURE WOULD BE THREE FEET, TWO INCHES FROM THE NORTHERN AND SOUTHERN PROPERTY LINES, WHICH OBSERVES THE SPIRIT OF THE ORDINANCE DUE TO THE SIZE OF THE LOT AND THE PROPOSED SQUARE FOOTAGE OF THE STRUCTURE. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF 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 BE THREE FEET, TWO INCHES FROM THE NORTHERN AND SOUTHERN PROPERTY LINES AND DUE TO THE SIZE OF THE LOT AND THE PROPOSED SQUARE FOOTAGE OF THE STRUCTURE WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE SIZE OF THE LOT LEAVES LIMITED ROOM FOR DEVELOPMENT FOR AN ADEQUATE SIZE [01:25:01] DUPLEX. END OF MOTION. SECOND. SECOND. SECOND. UH, MS. BRAGMAN SECOND. UH, MS. KAPLAN, WOULD YOU LIKE TO PROVIDE ANY COMMENT? YEAH, I'LL BE IN FAVOR OF THIS. UM, UH, THE, IT SEEMS IF YOU'VE WORKED OUT A, A GOOD SOLUTION WITH THE, UM, THE DEVELOPMENT. YES. AND UH, OBVIOUSLY THERE'S NO NEIGHBORHOOD OPPOSITION TO THIS. UH, IT'S YOU'RE DEVELOPING VACANT LAND AT THE MOMENT, SO, UM, I'LL BE IN FAVOR. THANK YOU MS. CAPPER. I'M SORRY. MS. KAPLAN, DID YOU SPECIFY ON THE SECOND FLOOR? NO, THAT'S, OH, I DID NOT DO ONE FEET AND ONE HALF. NO, I JUST SAID . OKAY. DO WE NEED TO SPECIFY IT SECOND FLOOR BECAUSE I, I DON'T, I HE DONE, CAN YOU TALK INTO YOUR MICROPHONE, MA'AM SO WE CAN ALL HEAR IT'S UNDER, I WAS UNDER THE ASSUMPTION THAT, UM, THAT WAS NOT ON THE TABLE THAT HAD TO BE, UH, RIGHT, SO SHE'S SAYING SHE DIDN'T, SHE DIDN'T SEPARATE IT OUT BECAUSE SHE DIDN'T HEAR A LOT OF ONE WAY OR ANOTHER THAT THAT WAS THE REQUEST TO MOVE FORWARD. DO YOU WANT TO MAKE A FRIENDLY MOTION TO DO THAT? YES. YES, I WOULD THEN TO SPECIFY ON THE, ON THE VARIANCE. SO ONCE FOOT, SECOND FLOOR ON THE FIRST FLOOR, ONE AND A HALF FEET ON THE SECOND FLOOR? NO, HE, THAT'S MORE THAN THAT VARIANCE? NO, HE ALREADY HAS A, A, A VARIANCE ON THE FIRST FLOOR. OKAY. THAT WAS GRANTED. SO WE ARE JUST LOOKING AT A VARIANCE FOR THE SECOND FLOOR. GOT IT. OKAY. SO, UH, THE VARIANCE WILL ONLY COVER THE SECOND FLOOR THEN THAT'S FINE. I AGREE WITH THAT. I JUST, THE APPLICANT IS THAT, DOES THAT, UH, ALIGN WITH WHAT YOUR EXPECTATIONS ARE? SO WHEN I CAME LAST MONTH, UH, THE INFORMATION WAS WRONG ON THE APPLICATION. SO THEY HAD TO READJUST IT. THAT'S WHAT UH, WE DIDN'T GET ANY APPROVAL LAST MONTH. IT WAS JUST THE WRONG INFORMATION. THEY SAID, WELL WE HAVE TO GO WITH WHATEVER'S ON. SO YOU NEED THE ONE FOOT, I NEED THE ONE FOOT 10. JUST I THINK IT'D BE BETTER JUST TO KEEP IT ONE FOOT 10 TO COVER THE FIRST FLOOR AND THE SECOND FLOOR BECAUSE I ONLY DO NEED ONE FOOT ON THE FIRST FLOOR. OKAY. AND I DO I NEED THE ONE 10 ON THE SECOND FLOOR ONLY BECAUSE IT'S THE FIRST FLOOR'S NARROWER THAN THE SECOND FLOOR. WE GO BACK TO THE BEGINNING THEN. WOULD THAT BE OKAY WITH YOU COMMISSIONER BRAGMAN? YEAH. I HAVE NO VARIANCE YET FOR THE FIRST FLOOR. WELL I THINK YOU READ INTO THE RECORD CORRECTLY. THE QUESTION IS WHETHER THERE IS FRIENDLY AMENDMENTS IT ATE. THAT'S WHAT I MEAN. CAN WE, WE THAT'S FINE BECAUSE WE WERE TALKING ABOUT A FRIENDLY AMENDMENT. ARE WE OKAY? I THOUGHT YOU'D BEEN GRANTED THE VARIANCE ALREADY FROM FIRST FLOOR. NO, I CAME LAST MONTH. THERE WAS WRONG INFORMATION UP ON THE BOARD, SO, OKAY. WE'RE JUST GONNA VACATE THE FRIENDLY AMENDMENT AND JUST GO WITH A MOTION AS READ. YES. AND THEN, AND THEN WE HAVE THE SECOND FROM MS. BREGMAN WITH THE SECOND. YES. AND THEN I'LL BE IN SUPPORT OF THE MOTION AS READ. OKAY. SO LET'S GO AHEAD AND TAKE A ROLL CALL VOTE. COMMISSIONER KAPLAN. I CONCUR THE FINDINGS OF FACT. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRADON. I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER DEAN. I DO NOT CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER ZUNIGA. I CONCUR. I CONCUR. COMMISSIONER MANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER ORIAN I CONCUR WITH THE FINDINGS OF FACT CHAIR ZUNA. YES, I CONCUR WITH TENANT FAVOR. ONE IN OPPOSITION. THE VARIANCE HAS READ PASSES. GOOD LUCK WITH THE PROJECT. THANK YOU. UH, I WILL, UH, MR. CHAIR, I HAVE TWO ITEMS THAT JUST NEED A QUICK CONTINUANCES. IT'S ITEM NUMBER FIVE AND ITEM NUMBER 12. AND I CAN READ THOSE VERY QUICKLY. ITEM NUMBER FIVE IS A VARIANCE, UM, BY MARIA GUADALUPE. CAN YOU GIVE US THE CASE, THE CASE NUMBER OF THOSE? YES. DE IT'S BOA 2 3 1 0 3 0 3 2. LOCATED AT 1618 WHITMAN AVENUE. THAT, THAT'S THE FIRST CONTINUANCE. AND THESE ARE TO THE NEXT MEETING, WHICH WOULD BE ON THE 21ST, I BELIEVE. WE'LL DOUBLE CHECK THAT DATE WHILE I'M READING THE NEXT ONE. ITEM NUMBER 12 IS BO A 2 3 103 0 0 3 3 3. UM, AND THIS IS A REQUEST BY MAES LOCATED AT 44 19 WEST COMMERCE STREET. AND BOTH OF THOSE WOULD LIKE CONTINUANCES TO JANUARY 22ND. JANUARY 22ND. CAN I GET A MO I MOVE TO CONTINUE CASES? UH, BO OA 23 1 0 3 0 0 300 AND, UH, BO OA UH, 1 0 3 0 0. IT WAS 3 21 TO, UH, JANUARY 22ND. 2024. IT WAS ACTUALLY THREE 20 AND THREE. THREE THREE, RIGHT. THAT'S WHAT I WAS THINKING. OKAY. CHANGE STRIKE 3 21 AND REPLACE IT WITH THREE. THREE THREE. ALRIGHT, CAN I, CAN I GET A SECOND? SECOND, SECOND. A VOICE, UH, VOTE. VOTE WOULD WORK. RIGHT. ALL IN FAVOR SAY AYE. AYE. AYE. AYE. [01:30:01] AYES HAVE IT. UH, SO MOVED. NEXT CASE PLEASE. NUMBER SIX, PLEASE. UH, WE WERE WAITING ON THE APPLICANT. HAS THE APPLICANT SHOWED UP YET? MR. CARLOS MARTINEZ, ARE YOU IN THE AUDIENCE? OKAY, GO AHEAD AND HAVE A SEAT, SIR. WE'LL, WE'LL CALL YOU UP IN A SECOND. JUST WANNA VERIFY YOU. WERE HERE. OKAY. ITEM NUMBER SIX WILL BE BO A 2 3 1 0 3 0 0 3 2 1. ADDRESS, THREE 10 SPOT STREET COUNCIL. DISTRICT FOUR APPLICANT IS CARLOS MARTINEZ. UH, REQUEST IS A REQUEST FOR A FOUR FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SETBACK REQUIREMENT TO ALLOW FOR A STRUCTURE TO BE ONE FOOT FROM THE SIDE. SETBACK. ZONING WILL BE R SIX. THE SUBJECT PROPERTY IS LOCATED ALONG SPAT STREET, JUST SOUTH OF INTERSTATE 35, SOUTH AND EAST OF POTI JORDAN 10 FREEWAY. THE PROPERTY OWNER WAS CITED BY CODE ENFORCEMENT, UM, AS SHOWN ON THE SCREEN FOR CONSTRUCTING ATTACHED CARPORT WITH THE SIDE SETBACK AND WITHOUT, WITH WITHIN THE SIDE SETBACK AND WITHOUT A BUILDING PERMIT. DURING SITE VISITS, STAFF OBSERVED THAT THE CARPORT WAS BUILT WITHIN THE SIDE SETBACK, MEASURING ONE FOOT FROM THE SIDE PROPERTY. THE ISSUANCE OF A BUILDING PERMIT IS PENDING THE OUTCOME OF THE BOARD OF ADJUSTMENT. THIS IS A SITE PLAN SUBJECT PROPERTY. THIS REPRESENTS SUBJECT PROPERTY SHOWING THE ATTACHMENT TO THE ACTUAL, UH, BUILDING, UH, SUBJECT PROPERTY. AGAIN. NEXT SLIDE. NEXT SLIDE. THIS JUST SHOWS THE LENGTH, THE VARYING LENGTH OF THE CARPORT. UM, CLOSER TO THE, THE ACTUAL PROPERTY IS 17 FEET AND FOUR INCHES. AS YOU GO OUT TOWARDS THE ROAD, UH, STREET, IT GETS TO 14 FEET AT ITS SHORT. THAT'S WIDTH. AND THIS IS THE SURROUNDING AREA. UM, AS FOR THE SIDE SETBACK, STAFF RECOMMENDS DENIAL IN BO A 2 3 1 0 3 0 0 3 2 1. BASED ON THE FOLLOWING FINDINGS OF FACT, THE CARPORT WILL BE TOO CLOSE TO THE SIDE PROPERTY LINE CAUSING POSSIBLE WATER RUNOFF ON ONTO THE ADJACENT, UH, NEIGHBORING PROPERTY. UH, AND THERE IS ENOUGH SPACE FOR A SINGLE CARPORT WITH ADDITIONAL ROOM FOR TANDEM PARKING. UH, STAFF MAILED 33 NOTICES. FOUR WEAR IN FAVOR, ONE WAS IN OPPOSITION. UM, AND THIS NEIGHBORHOOD PROPERTY IS NOT WITHIN 200 FEET OF A NEIGHBORHOOD ASSOCIATION. THESE ARE THE COMMENTS. THIS IS THE PUBLIC COMMENT IN OPPOSITION. UH, AND THEN THERE ARE COMMENTS IN FAVOR. AND THIS CONCLUDES STAFF PRESENTATION. STAFF CRUZ CAN, ON THE COMMENTS, CAN YOU PUT BACK UP THE ONE ON THE, THAT IT'S AGAINST? I DIDN'T GET TO READ IT BECAUSE IT'S NOT ON THE, WHAT WE HAVE ON OUR COMPUTER. OKAY. THANK YOU. A QUESTION ON THE OPPOSITION, IS IT ON THE SIDE THAT'S AFFECTED? IS IT THE THAT IS CORRECT, YES. IT'S OKAY. ANY OTHER QUESTIONS FOR STAFF? HEARING NONE, I'D ASK THE APPLICANT TO PLEASE COME FORWARD. YOU CAN STATE YOUR NAME AND ADDRESS, SIR. HELLO, MY NAME'S CARLOS MARTINEZ. UH, THAT'S MY MOM'S PROPERTY. CAN WE, UH, SPEAK INTO THE, MY NAME'S CARLOS MARTINEZ. THAT'S ACTUALLY MY MOM'S PROPERTY. UM, THREE 10 SPAT SAN ANTONIO, TEXAS. UH, IT WAS MY IDEA TO DO THE CARPORT. UH, WHEN I DID THE CARPORT, I KNEW THE WATER, YOU KNOW, COULD GO TO MY NEIGHBOR'S, BUT I AM GONNA PUT A GUTTER. BUT THE REASON I STOPPED, 'CAUSE I, YOU KNOW, I GOT THE NOTICE ABOUT THE CITY AND IT WAS MY MISTAKE BY NOT GETTING A PERMIT. UH, IT'S AN OLDER NEIGHBORHOOD. WE KNOW ALL THE NEIGHBORS. THAT HOUSE THAT'S NEXT DOOR, ACTUALLY, SHE RENTS THAT HOUSE OUT. I CALLED HER, LET HER KNOW IT'S NOT A FIRE HYDRANT, 'CAUSE IT, YOU KNOW, HAZARD 'CAUSE IT'S ALL METAL. I'M GONNA PUT A GUTTER SO NO RAIN'S GONNA GO TOWARDS HIS HOUSE. BUT SHE NEVER GOT BACK WITH ME. BUT APPARENTLY, I GUESS SHE SENT A, A LETTER, YOU KNOW. BUT, UH, TALKED TO MY OTHER NEIGHBORS AND, WELL, MY MOM'S NEIGHBORS. I GREW UP THERE, YOU KNOW, SINCE THE EIGHTIES. AND THEY WERE ALL, YOU KNOW, A LOT OF 'EM WERE FOR IT. IT'S JUST MY MISTAKE BY GETTING IT DONE WITHOUT A PERMIT. AND DID YOU HAVE A CONTRACTOR DO THIS WORK OR, UH, IT WAS JUST SOMEBODY THAT YOU KNOW. OKAY, SO NOT SOMEBODY THAT WOULDN'T HAVE KNOWLEDGE OF THE [01:35:01] PERMITTING PROCESS WITH THE CITY? NO. NO. OKAY. AND THE WATER FLOWS TOWARDS THAT NEIGHBOR'S SIDE? IF YES, BUT LIKE I SAID, I AM GONNA PUT, JUST PUT THE GUTTERS ON, BUT I STOPPED, YOU KNOW, 'CAUSE I DON'T WANNA PUT THE GUTTERS AND THEN HAVE TO KNOCK IT DOWN AND, YOU KNOW, RESPEND MONEY AGAIN. AND WERE THOSE GUTTERS, THEY WOULD BE CONTAINED WITHIN THAT, UH, FOUR FOOT I GUESS SETBACK OR THE ONE FOOT SETBACK OR, YES. OKAY. ANY QUESTIONS FOR THE APPLICANT? YEAH, KAPLAN, MS. KAPLAN. OKAY. SO IT LOOKS TO ME FROM LOOKING AT THE PICTURES THAT THERE'S PLENTY OF ROOM TO MOVE THOSE POLES A FOOT IN. AND THEN YOU COULD, UM, CUT BACK A LITTLE BIT OF THAT COVER AND PUT GUTTERS IN. UM, LOOKS LIKE YOU'VE GOT TWO, THREE FEET BETWEEN THE CARS AND BETWEEN THE CAR AND THE HOUSE. THERE'S ANOTHER COUPLE OF FEET. SO IF YOU, WHAT WOULD YOU SAY IF YOU MOVE THOSE POLES, WHICH DON'T APPEAR TO BE CEMENTED IN, IT LOOKS LIKE THEY ARE, THEY'RE, ARE THEY CEMENTED? THEY'RE SCREWED IN. NO, THEY'RE SCREWED. THEY'RE SCREWED IN RIGHT. NOT CEMENTED. SO IT'S NOT THAT DIFFICULT TO MOVE THEM. SO COULD YOU MOVE THE POLES FOOT CLOSER INTO THE HOUSE AND THEN PUT THE GUTTERS? UM, YOU'D HAVE TO CUT BACK THE ROOF A LITTLE BIT TO PUT THE GUTTERS ON BECAUSE YOU'RE REALLY, REALLY CLOSE TO YOUR NEIGHBOR. AND WHEN YOU PUT THE GUTTERS ON, YOU'VE GOT AN EXTRA SIX INCHES OR SO THAT YOU'RE GONNA BE ADDING. SO CUT YOUR, CUT YOUR ROOF BACK, PUT THE GUTTERS ON AND MOVE THOSE POLES IN. CAN YOU DO THAT? I COULD DO THAT, BUT EVEN IF I PUT THE GUTTERS THERE RIGHT NOW, I STILL WOULDN'T BE OVER THE 'CAUSE WE'RE LIKE A FOOT IN. AND THEN WITH THE GUTTERS, YOU KNOW, YOU'RE SAYING SIX INCHES. THAT'S WHAT I'M SAYING IS YOU'D HAVE TO CUT THE ROOF DOWN A LITTLE BIT. UM, YOU KNOW, IF WE GAVE YOU A, A VARIANCE FOR THREE FEET INSTEAD OF ONE FOOT VARIANT INSTEAD OF FOUR FEET GIVE YOU THREE FOOT VARIANCE AND THEN YOU, UM, CUT BACK SOME OF THAT ROOF AND PUT THE UH, PUT THE GUTTERS IN THERE. YEAH, I COULD DO THAT. THE ONLY THING LIKE WHERE MY TRUCK'S PARKED AT, THERE'S A STAIRWAY GOING INTO THE HOUSE. CONCRETE. YOU REALLY CAN'T SEE IT. CAN'T SEE. YEAH. YOU'VE GOT, YOU'VE GOT. OKAY. ALRIGHT. MS. KAPLAN, UH, ANY OTHER, DOES THAT CONCLUDE YOUR QUESTIONING MR. ORIAN? YEAH. UH, SO IS THIS THING IN PERMITTING AND IT'S JUST WAITING FOR BOA, UH, A DECISION OR HAS IT NOT BEEN THROUGH THE PERMITTING PROCESS YET? STAFF. ONE SECOND. AND THE REASON WHY I ASK IS IT, UM, YOU'VE GOT POSTS ON, ON THE LEFT SIDE, BUT ON THE RIGHT SIDE IT LOOKS LIKE IT'S DIRECTLY HOOKED ON TO THE, TO THE OVERHANG OF THE HOME AND NOT TIED TO THE WALL HEADER. THERE'S NO, THERE'S NO PERMIT. UH, RIGHT NOW THIS IS WAITING ON, BECAUSE THAT, I'M JUST REALLY CONCERNED ABOUT HOW THIS THING'S ATTACHED TO THE HOME AND THE, AND THE, JUST THE SHEARS WITH SPAN OF IT. IT JUST MAKES ME UNCOMFORTABLE. AND I'M JUST WONDERING IF ANYONE'S LOOKED AT THAT. YEAH, IF IT'S APPROVED BY BOA, HE'S AND GOES THROUGH THE PERMANENT PROCESS, HE'S GONNA HAVE TO ADDRESS ALL THOSE ISSUES. ALRIGHTYY THANK MR. MANNA. YEAH, MR. MANNA. SO, SO DID, UH, DID THIS SITE PLAN INCLUDE LIKE THE WIDTH OF THAT DRIVEWAY ITSELF? 'CAUSE IT DOES LOOK LIKE IT'S A FAIRLY WIDE DRIVEWAY, SO 30 FOOT WIDE. UM, SO, SO, SO THAT'S CERTAINLY, YOU KNOW, FAIRLY LARGE. UM, OR IS IT, SO I GUESS IT'S 30 FOOT, 30 FEET. SO 30 FOOT LONG. 17. 17 PLUS A FOOT. OKAY, SO 17 FOOT WIDE. SO, UM, SO IT DOES SEEM LIKE THAT'S A, A FAIRLY WIDE CARPORT. YES. SO, AND YOU KNOW, LOOK AT THE TRUCK. IF THE TRUCK IS PARKED ON THE OTHER SIDE AND THE CAR ON THE ONE SIDE, YOU KNOW, UM, AND IT IS, AS LONG AS IT IS, YOU KNOW, I THINK THAT STAIRWELL BECOMES A LITTLE BIT LESS OF AN, OF AN OBSTACLE. SO I GUESS I'D ASK THE QUESTION OF, YOU KNOW, IF WE ASKED TO MOVE IT BACK TWO FEET SO THAT YOU HAD THREE FOOT ON THE SIDE, UM, UM, WOULD YOU KNOW, WOULD IT STILL BE USABLE AT THAT POINT? IT WOULD, IT WOULD JUST BE KIND OF TIGHT. PUT TWO CARS SIDE BY SIDE AND, UH, THE REASON WE DIDN'T PUT POSE ON THE SIDE OF THE HOUSE, IT'S 'CAUSE WE, UM, THERE'S A PRIVACY GATE IN THE BACK AND EVERY ONCE IN A WHILE I DRIVE TO THE BACK AND IF WE, 'CAUSE THAT WAS THE WHOLE IDEA I WAS GONNA PUT POSE THERE, BUT IF I DO, IT WILL BLOCK MY ACCESS TO GO TO THE BACKYARD. SO IT'S, IT'S HOOKED UP PRETTY GOOD TO THE, SO, WELL, SO PART OF THE, PART OF THE QUESTION, I'M GOING THROUGH A, A, UM, KIND OF A COVERING MYSELF RIGHT NOW. AND SO, SO HAVING TO DEAL WITH A LOT OF ENGINEERING QUESTIONS AND, AND SO, SO IF IT'S A, SO IT DEPENDS ON [01:40:01] HOW THOSE, UM, UH, THE EASE ARE ATTACHED THERE. MM-HMM. AND IF THEY'RE BOLTED ON THE SIDE VERSUS ROOF STRESSES, UM, YOU KNOW, COULD DETERMINE WHAT THE, WHAT THE LOADING CAPACITY IS OF THAT. AND WE, WE TALK ABOUT SAFETY ALL THE TIME AND THAT'S REALLY WHY WE GO THROUGH A LOT OF THESE QUESTIONS IS JUST TO MAKE SURE THAT WE WANT YOU TO BE SAFE AND YES, AND, AND THE FAMILY TO BE SAFE AND, AND SO THAT'S WHY THAT QUESTION WAS ASKED. SO I'M GOOD. SO ANY OTHER QUESTIONS FOR THE APPLICANT? HEARING NONE, STAFF, DO WE HAVE ANY VOICEMAIL OR PUBLIC COMMENTS WE READ IN NO PUBLIC COMMENT? ANY OTHER LAST REMARKS BEFORE WE, NO. ALRIGHT, WELL THAT CLOSES THE PUBLIC PORTION. I'D ASK FOR A MEMBER OF THE BOARD TO MAKE A MOTION. MANAM MR. MANAM, REGARDING CASE NUMBER BO A 2 3 1 0 3 0 0 3 2 1. I MOVED TO THE BOARD ADJUSTMENT GRANT, THE REQUEST FOR A, UM, TWO FOOT, A THREE FOOT VARIANCE, NO TWO FOOT VARIANCE, I'M SORRY FOR THE MINIMUM FIVE FOOT SIDE SIDE SETBACK TO ALLOW A, UM, THREE FOOT, UH, CARPORT SIDE SETBACK. DID I READ THAT RIGHT? SEE THREE AND TWO. SO, UH, SITUATED AT THREE 10, UH, SPOT STREET APPLICANT BEING CARLOS MARTINEZ BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOWED THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH AS THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE EDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE CARPORT, UH, IN ITS CURRENT LOCATION ALLOWS FOR ROUTINE MAINTENANCE WITHOUT TRESPASS. THE STRUCTURE DOES NOT DEVIATE FROM THIS REQUIREMENT, WHICH IS NOT CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD BE REQUIRED TO REMOVE AN ATTACHED STRUCTURE AND RECONFIGURE TO A SINGLE PARKING OR TANDEM PARKING STRUCTURE TO COMPLY WITH THE ORDINANCE. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WOULD 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 INTEREST OF THE ADJACENT NEIGHBORS. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THIS VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY, UH, INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED. THE GRANTING OF THE VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH HIS VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON PROPERTY. UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED. STAFF FINDS APPLY THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES OF THE ADJACENT ZONING, UM, IN THE PREDOMINANTLY HEAVY INDUSTRIAL AREA. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION. A SECOND MS. LIN, UH, DISCUSSION MR. MANA. SO, AND, AND SO AS I WAS READING IT, SO IT'S A TWO FOOT VARIANCE FOR THE MINIMUM FIVE TO ALLOW A THREE FOOT SIDE, UH, STEPBACK. SO JUST WANTED TO CLARIFY THAT. AND UM, AND SO, SO LOOKING AT, SO A COUPLE OF THINGS. SO TWO LOOKING OR ONE LOOKING AT THE, UH, PICTURE AND, AND THE PARKING AND AS TESTIMONY PROVIDED BY THE APPLICANT, I THINK THAT BY REARRANGING THERE WOULD STILL BE PLENTY OF PROPERTY. UM, ALSO I THINK AS, AS THE APPLICANT WAS HERE, I'M ASSUMING THAT HIS TESTIMONY, UH, PROVIDED THERE, UH, IMPLIED THAT HE WOULD BE PUTTING GUTTERS ON. SO, SO I'M ASSUMING THAT THIS DID INCLUDE GUTTERS. SO IT WOULD BE, UM, SO, UM, BECAUSE OF THOSE TWO THINGS THEN I'LL BE, UM, APPROVING THIS AS, UH, READ. YES, I AGREE WITH THAT, WITH THE GUTTERS. LET'S GO AHEAD AND TAKE A ROLL CALL VOTE. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER KAPLAN, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BURTON. NO, I DO NOT CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER DEAN, I DO NOT CONCUR. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER ZUNIGA? I CONCUR. COMMISSIONER BENAMI? I CONCUR. COMMISSIONER BRAGMAN I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER ORIAN? YES, I CONCUR WITH THE FINDINGS OF FACT CHAIR ZUNA. YES, I CONCUR WITH NINE IN FAVOR TO AN OPPOSITION. THE VARIANCE DOES PASS. UH, GOOD LUCK WITH THE PROJECT. THANK YOU. UH, NEXT CASE PLEASE. AGENDA ITEM NUMBER SEVEN IS BO OA 23 1 0 3 0 0 3 2 7. ADDRESS IS 1 39 HEARN STREET, ONE 30 HEARN STREET. EXCUSE ME. COUNCIL DISTRICT FIVE APPLICANT IS ALEXANDER ZUNIGA. A REQUEST FOR A THREE FOOT SEVEN INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT ACCESSORY STRUCTURE TO BE ONE FEET FIVE INCHES FROM THE SIDE PROPERTY LINE ZONING IS R FIVE [01:45:02] CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED ALONG HEARN STREET, WEST OF ALITO, SURROUNDED BY SINGLE FAMILY DWELLINGS. THE PROPERTY OWNER BUILT A CARPORT ACCESSORY STRUCTURE WITHOUT A PERMIT AND WITHIN ONE FOOT FIVE INCHES OF THE SITE SETBACK FROM THE PROPERTY LINE LOCATED IN THE REAR YARD. THE APPROXIMATE WIDTH OF THE CARPORT ACCESSORY STRUCTURE IS 19 FEET WHILE CONDUCTING SITE VISITS THAT OBSERVED OTHER CARPORTS IN VICINITY. HERE'S THE SITE PLAN AND THE SUBJECT PROPERTY CARPORT ACCESSORY STRUCTURE. AND THIS IS ALTERNATE VIEW AND THE SIDE SETBACK. THIS IS THE CARPORT, UH, WIDTH AND THE SURROUNDING AREA. STAFF RECOMMENDATION INCITES SETBACK VARIANCE. STAFF RECOMMENDS DENIAL AND BO O 8 23 1 0 3 0 0 3 2 7 BASED ON THE FOLLOWING FINDINGS OF FACT, WATER RUNOFF CAN SIGNIFICANTLY ALTER THE USE OF THE RESIDENTIAL HOME ABUTTING THE SUBJECT PROPERTY. AND TWO, THE REQUESTED VARIANCE WILL LEAVE ALMOST NO SPACE BETWEEN STRUCTURE AND ABUTTING PROPERTY NOTIFICATION PLAN. STAFF MAILS OUT 37 NOTICES ZERO. RETURN IN FAVOR, ZERO. RETURN IN OPPOSITION. AND PALM HEIGHTS NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT AS IF SHOULD BE AVAILABLE. ANY QUESTIONS FOR STAFF HERE MANAM. MR. MANAM? SO YOU STATED THAT YOU, UH, THERE WERE SIMILAR CARPORTS, I GUESS LOCATED IN THE AREA. I REALLY DIDN'T SEE ANY OR A LOT OF THEM. SO I MEAN THERE WAS ONE. I BELIEVE WE CAN BRING IT UP ON GOOGLE FOR YOU. THERE WAS, THERE WAS SOME. OKAY. THANK YOU. THANK YOU. ALRIGHT, WHILE WE'RE DOING THAT, LET'S, UH, GET THE APPLICANT, UH, IF YOU'D LIKE TO COME, PLEASE COME FORWARD. HI, UH, MY NAME IS ALEX ZUNIGA, 1 3 0 HEARN AVENUE. UM, MY WIFE AND I LIVED IN THAT HOUSE, UH, FOR, SINCE 2019. WE BOUGHT IT FROM MY PARENTS. UM, WE DIDN'T LIKE GETTING OUR ARMS BURNED BY OUR SEAT BELTS WHEN WE GOT INTO THE CAR, SO WE WANTED A CARPORT. UH, WE PUT OUT THE CARPORT IN MARCH 20, MAY, 2020, UM, ERECTED IN GOOD STANDING ORDER. UM, IT'S BUILT VERY STURDILY. IT'S DETACHED FROM THE CAR FROM THE PRIMARY RESIDENCE. UNDERSTANDABLY, IT IS CLOSE TO THE ADJACENT PROPERTY. UM, WHILE THEY DIDN'T MAIL ANYTHING IN, I HAVE FIVE DECLARATIONS OF SUPPORT FROM OUR NEIGHBORS, INCLUDING THE NEIGHBOR, UH, VINCENT OLIVO, WHO OWNS 1 34 HEARN AVENUE DIRECTLY TO THE RIGHT. UM, WE BUILT THE, THE CARPORT TO MATCH THE WOOD ON THOSE TESTIMONY. CAN YOU PROVIDE THOSE AND, AND CIRCULATE 'EM FOR THE, FOR THE BOARD TO REVIEW? THANK YOU. AND THOSE WOULD BE PART OF THE PUBLIC RECORD IF THOSE ARE 1 34 HEARN VINCENT OLIVO, 1 26 HEARN ROMAN DUKE, WHO IS THE PROPERTY LEFT OF ONE 30, UH, ONE 15 EZ RAUL GAETAN, WHO LIVES BEHIND THE PROPERTY. 1 35 HEARN ELA VALERO, WHO LIVES ACROSS THE STREET FROM ONE 30 HEARN, ALL VOICING THEIR SUPPORT FOR THE CURRENT LOCATION AND CONDITION OF THE CARPORT. UH, WHILE PRIMARILY WE WANTED TO BUILD THE CARPORT ONE WITH, UH, WOOD TO MATCH THE AESTHETIC OF THE HOUSE AND THE WOOD THAT IS, UH, SEEN IN THE PHOTOS IN THE FRONT AND ON THE SIDE STEPS OF THE HOUSE, ALSO WITH THE METAL ROOF TO MATCH THE AESTHETIC OF THE HOUSE, UH, THE, THE FRONT PROPERTY. UH, WHILE RUNOFF IS A THING, WE CONSIDERED THAT WHEN BUILDING IT, MAKING SURE THAT THE SLOPE OF THE ROOF WENT AWAY FROM THE ABUTTING PROPERTIES. IT ACTUALLY JUST GOES DIRECTLY BACK ONTO THE PROPERTY OF ONE 30 HEARN. UM, YEAH. UH, SO, SO WHERE, WHERE DOES IT, WHERE DOES THE WATER RUN OFF AND IT RUNS TO THE BACK OF THE PROPERTY? IS THERE A PUBLIC COLLECTION OR WHAT IS IT? UH, UM, NO, IT'S JUST MORE CONCRETE FOR THE DRIVEWAY AND IT GOES, THEN IT FLOWS FORWARD OR DOES THEN IT FLOW BACK TO THE NEIGHBOR'S PROPERTY OR WHERE DOES IT GO FROM, FROM THE CONCRETE? UM, EITHER INTO OUR PROPERTY OR OFF TO THE RIGHT, TO THE ABUTTING PROPERTY. UH, WHILE THAT IS SOMETHING TO BE CONSIDERED, UH, IT'S BEEN THERE FOR THREE YEARS ALREADY. UM, MY NEIGHBOR HAS NOT VOICED ANY ISSUE WITH RUNOFF BEING, UH, A POINT OF A POINT OF ISSUE THERE. ALRIGHT, LET'S SEE IF WE, IF WE HAVE ANY QUESTIONS FOR YOU CRUZ, FOR THE APPLICANT. MRS. CRUZ. UM, IF YOU'RE SAYING THAT'S BEEN THERE ALMOST THREE YEARS, WHY NOW? HAS IT JUST BEEN BROUGHT UP TO, UH, THE CITY'S ATTENTION, I SHOULD SAY? UH, THE STRIKE TEAM, [01:50:01] UH, PUT A NOTICE ON OUR DOOR SAYING THAT IT WAS NOT PERMITTED. OH, YOU MEAN CODE COMPLIANT? YES. UH, SO IT'S BEEN THERE FOR THREE YEARS AND WE RECEIVED A NOTICE OF SEPTEMBER, AUGUST, SEPTEMBER LAST, LAST YEAR. OKAY. THANK YOU MS. CRUZ. ALRIGHT, IAN, MS. DORIAN. YEAH. SO I, YOU SAID THE CAR CARPORT'S BEEN THERE A WHILE, BUT THE CONCRETE UNDER THE CARPORT, UH, HAS THAT BEEN, DOES THAT PREDATE THE CARPORT OR DID YOU BUILD IT AT THE SAME TIME AS A CARPORT? NO, ALL THE CONCRETE YOU SEE THERE WAS PREDATING THE CARPORT THAT'S BEEN THERE SINCE PROBABLY THE FIFTIES. SO YOU WEREN'T INCREASING IMPERVIOUS COVER RUN OFF TO YOUR NEIGHBOR, YOU'RE JUST HAVING IT HIT A CARPORT FIRST AND THEN HIT THE GROUND? CORRECT. OKAY. THANK YOU. UH, MR. KATHERINE, MS. KAPLAN, SO HOW CLOSE IS YOUR NEIGHBORING HOUSE TO, IT LOOKS VERY CLOSE TO THAT FENCE, CORRECT? UH, SO HOW MANY FEET WOULD YOU SAY THAT IS? TWO FEET, THREE FEET? UH, IT'S ABOUT A, A FOOT AND A HALF BETWEEN HIS FENCE AND THE CARPORT THERE. HIS FENCE AND HIS HOUSE LOOKS REALLY CLOSE ALSO. CORRECT. ALRIGHT. ANY OTHER QUESTIONS FOR THE APPLICANT HERE? STAFF? DO WE HAVE ANY PUBLIC, UH, VOICEMAILS OR ANY OTHER NO PUBLIC COMMENT. OKAY. ANY OTHER QUESTIONS FOR THIS APPLICANT? HEARING NONE, I'D ASK A MEMBER OF THE BOARD TO, LET'S MAKE A MOTION. MS. CRUZ? I THINK MS. CRUZ? YEAH. I'LL MAKE A, I'LL MAKE A MOTION ON THIS ONE. I THINK MS. CRUZ, MS. CRUZ IS GONNA MAKE THE MOTION. OKAY. NO PROBLEM. SORRY, I WAS LOOKING FOR IT. OKAY. OKAY, , REGARDING CASE NUMBER BO A 23 1 0 3 0 0 3 2 7, I MOVE AT THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR A THREE FOOT SEVEN INCH, UH, VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT ACCESSORY STRUCTURE TO BE ONE FOOT FIVE INCHES FROM THE SIDE PROPERTY LINE SITUATED AT ONE 30 HEARN STREET. APPLICANT BEING ALEXANDER SUNGA BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH, IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE THE VARIANCE IS SOUGHT CONTRARY TO THE PUBLIC INTEREST. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY RESTRICTED TED BACKS TO PROVIDE AMPLE SPACING BETWEEN PROPERTY LINE AND STRUCTURED STAFF FINDS PARENTS IS SUITABLE AS IT DOES NOT IMPOSE ON THE PUBLIC INTEREST OF THE NEIGHBOR TOO. DUE TO SPECIAL CONDITIONS OF LITTLE, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP AS IT WILL PREVENT THE APPLICANT FROM FITTING VEHICLES COMFORTABLY WITH THE REDUCED HEAD BACK. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND THE SUBSTANTIAL JUSTICE WILL BE DONE. THE VARIANCE WILL OBSERVE THE SPIRIT OF THE ORDINANCE BECAUSE IT WOULD PROVIDE ADEQUATE DISTANCE FROM THE SIDE PROPERTY LINE AND IS ABIDING BY ALL OTHER BUILDING REQUIREMENTS. 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 VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. VARIANCE DIS DISTANCE PROVIDES ADEQUATE SPACING, WHICH IS NOT LIKELY TO INJURE ADJACENT CONFORMING PROPERTIES AND ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT OR OTHER CARPORTS AS OTHER CARPORTS WERE SEEN IN THE IMMEDIATE AREA. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS U2 UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OR RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS SUPPLY OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT. IS U2 UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS LIMITED SPACING IN THE REAR YARD? THE EX I'M SORRY. THE CIRCUMSTANCES APPEAR TO BE THE RESULTS OF GENERAL CONDITIONS AND THIS IS TRICKY IN WHICH THE PROPERTY IS LOCATED AND OF MOTION. SECOND, SECOND, SECOND, MS. KAPLAN? I JUST WANTED TO CONFIRM THAT, UH, THE SAME, UH, ADDRESS OF HEARN IS HERN AVENUE, RIGHT? IT'S SHOWN IT'S THE SAME STREET AND AVENUE. IT'S THE SAME SAME STREET. [01:55:01] SO IT IT SHOULD BE HEARN AVENUE SHOULD BE HER AVENUE, RIGHT? OKAY. CORRECT. ALRIGHT. UM, MS. CRUZ, WOULD YOU LIKE TO PROVIDE SOME COMMENT BEFORE? UM, I'M JUST NOT TOO THRILLED ABOUT WHAT THEY'RE REQUESTING BECAUSE IT'S SUCH CLOSE PROXIMITY TO THE NEIGHBOR, BUT I THINK SINCE THE NEIGHBOR IS NOT COMPLAINING AND IS CONCURRING WITH THE, WITH THE BUILDING OF THE CARPORT, I SEE NO OBJECTIONS TO IT. THANK YOU. THANK YOU MS. KAPLAN. WELL, I AM NOT THAT GOOD. I, I'D LIKE TO SEE IT MOVED BACK A COUPLE OF FEET IN, UH, FIRST OFF IT'S WOOD. SECOND OFF. YOU'RE RIGHT NEXT TO A WOOD FENCE. I THINK A FIRE THERE MAYBE THREE FEET FROM THE OTHER HOUSE. I I JUST THINK THAT THERE'S ISSUES, UM, FIRE AND WATER SAFETY. SO I WOULD LIKE TO SEE THE POSTS MOVED IN TWO FEET. UH, AND THE CUTBACK TWO FEET. RIGHT. SO WOULD YOU ACCEPT THE FRIENDLY, UH, AMENDMENT THEREBY FOR A, UM, WOULD IT BE A, A, UM, THREE FOOT, NO, A TWO FOOT VARIANCE TO ALLOW IT BE 1 7, 1 FOOT SEVEN VARIANCE? 'CAUSE RIGHT NOW HE WANTS A THREE FOOT SEVEN VARIANCE AND I WANT TWO EXTRA FEET LESS. SO THE FRIENDLY MEMO WOULD READ AS MUCH. YES. ONE SEVEN INCHES. DOES SOMEBODY WANNA MAKE SEVEN ONE FOOT SEVEN INCHES TO BE LOUD AND IN THE MICROPHONE? UM, OKAY, SO YOU'RE SAYING INSTEAD OF THE THREE AND A HALF, THREE FOOT SEVEN, SO ONE FOOT, SEVEN INCH VARIANCE INSTEAD OF THREE FOOT SEVEN, INSTEAD OF BEING ONE FOOT FROM, UM, FENCE, I WOULD LIKE TO SEE IT THREE FEET FROM THAT FENCE. OKAY. I UNDERSTAND. I MEAN, WE COULD ROUND IT TO TWO FOOT VARIANCE, BUT I'D WANNA SEE IT, UM, THREE FEET IN, IN, YEAH. MM-HMM, . OKAY. SO IT'D BE A TWO FOOT VARIANCE. YEAH. YEAH. INSTEAD. OKAY. I CONCUR WITH THAT. I, I SEE NO PROBLEM WITH THAT. SO AMENDMENT ACCEPTED. ALL RIGHTY. UH, LET'S GO AHEAD AND TAKE A ROLL CALL VOTE MS. CHRIS. I CONCUR WITH FINDINGS. COMMISSIONER KAPLAN, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER TON. I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER ZUNIGA. THUMBS UP MR. ZUNIGA. THANK YOU. COMMISSIONER MANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ. I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER ORIAN, I CONCUR WITH THE FINDINGS OF FACT CHAIR ZUNA. YES, I CONCUR. WITH 11 IN FAVOR. ZERO IN OPPOSITION. THE MODIFIED VARIANCE HAS PASSED. PLEASE GET WITH STAFFED, UH, SO YOU CAN UNDERSTAND WHAT UH, VARIANCE CHANGES ARE MADE TO. YES. THANK YOU. THE TIME IS THREE O'CLOCK. WE'RE GONNA, UM, TAKE A 10 MINUTE RECESS AND WE'RE BACK AT 3, 3 10. ADJUSTMENTS IS BACK IN ORDER. GOOD AFTERNOON. AGENDA ITEM EIGHT, BO OA 23 1 0 3 0 0 3 2 8. ADDRESS IS 6 31 BLAINE STREET COUNCIL. DISTRICT TWO APPLICANT IS KEN CARTER. A REQUEST FOR ONE A NINE FOOT VARIANCE FROM THE MINIMUM 50 FOOT STREET FRONTAGE TO ALLOW DEVELOPMENT ON A 41 FOOT STREET FRONTAGE LOT. TWO, A ONE FOOT VARIANCE FROM THE MINIMUM 10 FOOT REAR SETBACK TO ALLOW A NINE FOOT REAR SETBACK. AND THREE, A VARIANCE FROM THE MAXIMUM 50% IMPERVIOUS COVER REQUIREMENT TO ALLOW THE FRONT YARD TO EXCEED THE MAXIMUM 50%. AND PREVIOUS COVER ZONING IS MF 33. THE SUBJECT PROPERTY IS LOCATED ON BLAINE STREET EAST OF NORTH BEAVER STREET. THE APPLICANT IS SEEKING A, A VARIANCE FROM THE MINIMUM STREET FRONTAGE REQUIREMENT AND THE MINIMUM REAR SETBACK REQUIREMENT. THE PROPERTY IS ON MF 33 MULTI-FAMILY DISTRICT, WHICH REQUIRES A 50 MINIMUM, 50 FOOT STREET FRONTAGE AND A 10 FOOT REAR SETBACK. CURRENTLY THE PROPERTY IS VACANT AND THE APPROVAL OF THIS, THE APPROVAL OF THIS VARIANCE WILL ALLOW FOR THE DEVELOPMENT OF A DUPLEX. ADDITIONALLY, THE APPLICANT IS REQUESTING A VARIANCE FROM THE MAXIMUM 50% COVERAGE REQUIREMENT. THIS IS YOUR SITE PLAN SHOWING YOUR VARIANCES, THE SUBJECT PROPERTY, ALTERNATE VIEW, AND YOUR SURROUNDING AREA STAFF RECOMMENDATIONS. STAFF RECOMMENDS APPROVAL AND BO 8 2 3 1 0 3 0 0 3 2 8 BASED BASED ON THE FOLLOWING FINDINGS. WITHOUT THE VARIANCES, THE APPLICANT WOULD NOT BE ABLE TO CONSTRUCT A DUPLEX AND TWO, THE REQUESTED VARIANCES WILL NOT ALTER [02:00:01] THE ESSENTIAL CHARACTER OF THE DISTRICT. STAFF RECOMMENDATION AND PREVIOUS COVER VARIANCE STAFF RECOMMENDS DENIAL AND BO 8 23 1 0 3 0 0 3 2 8 BASED ON THE FOLLOWING FINDINGS, THE SPIRIT OF ORDINANCE IS NOT BEING OBSERVED AS THE PROPOSED DUPLEX EXCEEDS THE 50% LOT COVERAGE. AND TWO, THE IMPERVIOUS COVER VARIANCE WOULD RESULT IN EXCESS WATER RUNOFF TO ADJACENT LOTS NOTIFICATION PLAN, STAFF MAILED OUT 29 NOTICES ZERO. RETURN IN VER FAVOR, ZERO IN OPPOSITION AND HARBOR PLACE. EACH LOT. NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. THIS INCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. ALRIGHTY. DO WE HAVE ANY QUESTIONS FOR STAFF? HEARING NONE, I'D ASK THE APPLICANT TO PLEASE COME FORWARD. UM, MY NAME IS KEN CARTER. UH, I'M RESIDE AT 1305 COUNTY ROAD 45 16 IN CASTROVILLE. UM, THE, WE'RE HERE, I'M HERE ON BEHALF OF MY, MY DAD AND HIS PARTNER. UM, I'M THEIR, I'M A REALTOR. I'M, I'M KIND OF ACTING AS THEIR, UM, EXPERT, BUT I, I DIDN'T DO ALL MY DUE DILIGENCE WHEN, WHEN RECOMMENDING THIS LOT. MY DAD, ACTUALLY BY HIMSELF, OWNS A LOT AT 1444 SHERMAN, WHICH IS ALSO AT THE CORNER OF SHERMAN AND GEVERS, ABOUT FOUR BLOCKS DOWN RIGHT THERE BY THE YOUNG MEN. UH, MEN'S LEADERSHIP ACADEMY. UH, WE WERE PREVIOUSLY BUILDING ON THAT ONE, UH, BUT IT WAS, UH, SUBJECT OF ARSON, SO IT, IT WENT BURNED DOWN. AND SO AT THIS POINT WE MOVED OVER TO THE LOT ON BLAINE THAT WE HAVE WITH HIS PARTNER, UM, IN NOT APPROVING THIS WOULD CAUSE SOME SIGNIFICANT FINANCIAL HARDSHIP ON, ON, UH, BOTH PARTIES BEING THAT, UH, WE'VE HAD, THEY'VE HAD A LOT OF EXPEN EXPENDITURES INCLUDING RE PLATTING BOTH THE, THE, THE PROPERTY. UM, WHAT WE'RE REQUESTING IS BASED ON WHAT WE DID IS WE, WE CHECKED WITH OUR ENGINEERS AND EVERYTHING AND, AND WHAT I THOUGHT WERE OUR EXPERTS AND OUR DEVELOPERS FROM OUR OTHER LOT. AND BEFORE PURCHASING THE PROPERTY, UH, WITH THE SOLE INTENTION THAT WHEN PURCHASING THE PROPERTY OF CREATING A, UH, BUILDING A DUPLEX AND BASED ON THE RECOMMENDATIONS THAT WE HAD THAT WE WOULD BE ABLE TO BUILD ON IT, UM, WHAT WE, THE, THE DESIRED DUPLEX THAT WE'VE, UH, THAT'S PROPOSED, UH, WE'VE GOT, UM, LOOKING THROUGH THE, UM, FROM MY UNDERSTANDING OF THE BUILDING CODES WITHOUT MAKING ANY SUBSTANTIAL CHANGES TO THE DESIGN OR THE PROPERTY, HAVING A, A ZONE OF RMM FOUR, WHICH RESIDENTIAL MIX USE ONLY ALLOWS FOR, UH, ONLY REQUIRES A 15 FOOT FRONT, UH, STREET FRONTAGE. UH, SO BASICALLY WHAT WE'RE ASKING FOR IS APPROVAL OF THE VARIANCE SO THAT WE DON'T HAVE TO GO BACK THROUGH THE LENGTHY PROCESS OF GETTING IT REZONED, UH, AND STILL BUILDING THE, THE SAME PROP, THE SAME UH, UNITS ON THE SAME PROPERTY. ALRIGHT, LET'S SEE IF WE HAVE ANY QUESTIONS FOR YOU. ANY QUESTIONS FOR THE APPLICANT? CRUZ, MS. CRUZ? UM, SO IS, THIS IS OKAY, LOOKING AT THE PICTURE OF THE LOT, OKAY, THIS IS GONNA BE A DUPLEX. SO DOES THAT MEAN YOU WILL BE REMOVING SOME OF THAT SHRUB BRIDGE THAT'S THERE? AND OF COURSE, I, AND I CAN'T TELL FROM THE PICTURE, IS THAT, UH, LIGHT POLE OR TELEPHONE POLE, WHATEVER IT IS INSIDE THE PROPERTY? IT'S ON THE BACK FENCE LINE. IT'S, YOU'RE TALKING ABOUT THE ONE ON THE, LIKE IF YOU'RE LOOKING RIGHT THROUGH THE MIDDLE, KIND OF ON THE BACK END? NO, NO. THE ONE ON THE SIDE, ON THE LEFT HAND SIDE, UH, GO TO THE NEXT PICTURE. I THINK IT'S ON THE NEXT PICTURE THERE. THAT ONE, THAT POLE, UH, IT'S JUST INSIDE THE LINE. THE FENCE? YES, MA'AM. OKAY. WILL THAT BE A PROBLEM WITH IT BEING THERE? NO, MA'AM. OKAY. AND WE'VE GOT, WE MAKE SURE, AND WE'VE, AND WE'VE, WE HAVE PROPOSED, UH, ADDITIONAL TREES AND THINGS AND WE'VE GOT APPROVAL THROUGH THE, THE, UM, THE APPLICATION PROCESS FOR THE TREES THAT WE'RE GONNA BE PLANTING AND EVERYTHING. OKAY. THANK YOU. THANK YOU MS. CRUZ ORIAN. MR. ORIAN. OKAY. I GOT TWO QUESTIONS. ONE, UH, ON THE, UH, UM, ON THE ATTACHMENTS, IT APPEARS TO BE AN ALLEY IN THE BACK. DO THEY, DO THEY NEED A VARIANCE FOR THE REAR STEPBACK? DO THEY, IS IT, IS THERE ENOUGH CREDIT? IT UH, THAT'S ONE QUESTION. THE SECOND QUESTION IS, OH, ACTUALLY LET'S, LET'S ASK, ANSWER THAT ONE FIRST. STAFF. ONE SECOND. OKAY. AND THEN WHILE THEY'RE LOOKING THAT UP, A QUESTION FOR THE APPLICANT, ARE YOU, ARE YOU SUBMITTING A REPL FOR THIS? UH, WE DID HAVE IT PLATTED, SIR. WE HAD IT RE PLATTED. YES SIR. OKAY. 'CAUSE BEHEAD SHOWS YOU AS LOT EIGHT. IS THAT THE OLD LOT OR IS THAT YOUR NEW LOT? UH, ORIGINALLY WHEN WE PURCHASED THE LOT, IT ON THE LOT DESCRIPTION, IT DIDN'T SAY A LOT. A, UM, IF IT'S LOT EIGHT, IF IT'S ON THERE, IT MAY HAVE BEEN BEEN DONE WHEN THEY DID THE PLATTING. WELL, I'M ASKING BECAUSE YOU HAVE, UM, IT SURE LOOKS LIKE HISTORICALLY THIS WAS, UH, AND I'M AGAIN [02:05:01] LOOKING AT BA, IT SHOWS THAT YOU'RE LOT EIGHT, LOT 33 1 3, 3 2 NCB. AND SO I WAS CURIOUS TO KNOW LIKE, WHEN DID THIS PLATT HAPPEN IN THE LAST TWO MONTHS? THREE MONTHS IS WHEN WE'VE BEEN DOING, UH, DOING THE PLATTING AND THROUGH THE PROCESS. HAS IT BEEN RECORDED? UM, I CAN'T TELL. I I CAN'T TELL YOU IF IT'S BEEN RECORDED OR NOT. AND DURING THE, DURING THE PLATTING PROCESS, UH, WE'VE HAD TO MAKE A COUPLE CHANGES AS FAR AS LIKE THE UNIT, THE ADDRESS AND STUFF LIKE THAT. YEAH. AND THEN WE, THEN WE'VE GOT THE NOTICE THAT IT WASN'T, UH, INCON CONFORMING WITH THE, THE, THE SIZE OF WIDTH, THE, THE, THE WIDTH. AND THEN WE STARTED THIS PROCESS. SO THEN YEAH, THEY, SO WHAT HAPPENS IS WHEN YOU PLANT LAND YOUR ZONE MF, YOU HAVE TO HAVE A 50 FOOT LOT WIDTH. IT'S NOT GONNA MOVE FORWARD BECAUSE YOU, YOU NEED A VARIANCE. BUT, BUT HISTORICALLY YOU WERE IN THE ORIGINAL 36 SQUARE MILES, YOU'RE A LOT EIGHT. AND ISN'T THERE A PLAT EXCEPTION TO IF YOU DO MULTI-FAMILY, THAT, WHY DID YOU HAVE TO PLA IN THE FIRST PLACE? I'M TRYING TO FIGURE OUT WHY THAT VARIANCE IS EVEN THERE. YES SIR. SO THE, WHAT I WAS TOLD BY THE LAND DEVELOPMENT OFFICE IS IF WE WERE GONNA BUILD A SINGLE FAMILY HOME, WE WOULD HAVE TO HAVE A DEEDED THAT GOES BACK INTO THE SIXTIES, WHICH THEY HAVE ON RECORD. BUT BEING THAT IT'S A MULTI-FAMILY, THAT IT HAS TO HAVE A DEEDED ON RECORD THAT GOES BACK BEFORE JUNE 14TH, 1927 TO BE EXACT. AND WHEN WE DON'T HAVE ANY DEEDS ON RECORD THAT GO BACK THAT FAR. SO BECAUSE OF THAT WE HAD TO GET IT PLATTED, WHICH IS ANOTHER EXPENSE. RIGHT. AND WE'RE SHOWING, WE ARE SHOWING THE SAME AS YOU PER LOT, UH, PER BEHEAD. IT'S LOT EIGHT BLOCK 33 N CCB 1, 3, 3, 2. YEAH. OKAY. 'CAUSE IT, IT, IT JUST, YOU KNOW, THAT PLAID EXCEPTION TALKS ABOUT, YOU KNOW, A COMMERCIAL MULTI-FAMILY LOT LOCATED WITH THE ORIGINAL 36 SQUARE MILES AND THE BOUNDARIES OF THE LOT WERE RECORDED IN THE DEEDED AND PLATT RECORDS PRIOR TO 1926. SO YOU MAY HAVE NOT, HE DOESN'T QUALIFY OR ANY, HE DOESN'T QUAL I JUST WANTED TO MAKE SURE 'CAUSE IT JUST, SO HOW ABOUT THE ALLEY THING? DID THEY, DOES HE STILL NEED THE REAR SETBACK? HE DOES NOT NEED THE, UH, ITEM NUMBER TWO. ITEM NUMBER. OKAY. SO COOL. MANAM MR. MANAM. SO, UM, SO I, I I, YOU KNOW, PERVY COVER AND IMPERVIOUS COVER, SO, SO ONE OF THE QUESTIONS, YOU KNOW, SO THE DRIVEWAY ITSELF, IS THAT A SINGLE CAR DRIVEWAY? THERE'S, THERE'S TWO SEPARATE DRIVEWAYS. TWO SEPARATE DRIVEWAYS? YES SIR. THEY'RE 20 FEET LONG EACH. SO ONE OF THE DIALOGUES THAT WE HAVE REGULARLY ARE RIBBON DRIVEWAYS. AND SO, SO YOU KNOW, BY, BY LOOKING AT RIBBON DRIVEWAY, YOU STILL HAVE THE DRIVEWAY AVAILABLE, BUT THEN YOU KIND OF ARE ABLE TO MOVE AROUND THAT IMPERVIOUS COVERED DIALOGUE. WHEN YOU SAY GO AHEAD RIBBON, CAN YOU, WHEN, BECAUSE I THINK I KNOW WHAT YOU'RE TALKING ABOUT WHERE IT HAS LIKE KIND OF ALTERNATING BRICKS ACTUALLY. UM, SO, SO YOU COULD, SO, SO THAT'S AN OPTION AS WELL. BUT, BUT ESSENTIALLY RIBBON DRIVEWAY GENERALLY IMPLIES, UM, TWO LONG NARROW, THREE FOOT WIDE, UM, UH, OKAY. DRIVEWAY PATHS, UH, WITH THE CENTER OPEN GRASS. MM-HMM. , YOU KNOW, SO, SO, SO THAT ALLOWS FOR, UM, FOR UM, SATURATION OF WATER, WHATEVER. AND SO, SO THEN BECOMES NOT NECESSARILY CONTIGUOUS CONCRETE. RIGHT. AND, AND YOU KNOW, WOULD THAT BE, UH, AN OPTION FOR YOU AS WELL? ABSOLUTELY. OKAY. SO YEAH, 'CAUSE I THINK, YOU KNOW, I, THAT'S ONE OF MY MAIN PEEVES REALLY IS JUST CONCRETE IN SAN ANTONIO, SO, OKAY. WELL, DOES, DOES THE RIBBON THEN QUALIFY FOR THE 50%? YEAH. DOES THAT REDUCE IT, DOES THAT REDUCE IT ENOUGH TO QUALIFY FOR THE, UH, IMPERVIOUS COVER REQUIREMENTS PER CODE? SO I GUESS THAT QUESTION IS FOR CITY STAFF. SO, SO IF WE TAKE A LOOK AT THE RIBBON, YOU KNOW, TO ME YOU JUST LOOK AT THE PICTURE, IT LOOKS LIKE HE'S ALMOST THERE AND RIBBON WOULD CERTAINLY PUT HIM OVER THAT, CORRECT. YEAH. SO, OKAY. SCRATCH THAT. ALRIGHT, ANY OTHER QUESTIONS FOR THE APPLICANT? VERBAL, WELL, LET'S GO AHEAD AND, UM, SEE, SEE WITH STAFF, ANY VOICEMAIL OR ANY OTHER PUBLIC, UM, COMMENT TO BE READ INTO THE RECORDS. NO PUBLIC COMMENT. ALRIGHT. I DID TRY TO REACH OUT TO THE HOMEOWNERS ASSOCI OR THE NEIGHBORHOOD ASSOCIATION FOR THEIR MULTIPLE TIMES AND I JUST, I COULDN'T GET AHOLD OF HER IN THE EMAIL THAT YOU'LL HAVE FOR HER GOES TO IT. IT JUST RETURNS UN UNAVAILABLE. THANK YOU. ALRIGHT. UM, HEARING NOTHING ELSE, WOULD YOU LIKE TO, I MEAN, THAT WOULD BE THE FINAL COMMENT BEFORE WE CLOSE THE PUBLIC. I, THAT'S ALL I'VE GOT. OKAY, THANKS. WE'D LIKE TO HAVE A MOTION. DO A MOTION. OKAY. MS. KAPLAN, UH, CASE NUMBER BO OA DASH 23 0 0 3 2 8. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A NINE FOOT VARIANCE IN THE MINIMUM 50 FOOT STREET FRONTAGE TO ALLOW DEVELOPMENT ON A 41 FOOT STREET FRONT FRONTAGE LOT, UM, SITUATED [02:10:01] AT 6 31 BLAINE STREET, APPLICANT BEING KEN CARTER. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SURE 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. IN THIS CASE, THE PUBLIC INTEREST HAS REPRESENTED BY RESTRICTED STREET FRONTAGE, REAR SETBACK, UM, JUST RESTRICTED STREET FRONTAGE. WITHOUT THE VARIANCE, THE APPLICANT WOULD NOT BE ABLE TO DEVELOP A DUPLEX ON THE PROPERTY. UM, THE DEVELOPMENT WILL BOLSTER THE HOUSING SUPPLY AND WILL PROVIDE VALUE TO THE COMMUNITY AND NOT CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE STREET FRONTAGE ORDINANCE WOULD PREVENT ANY DEVELOPMENT ON THE LOT, PREVENT A SUITABLE SIZE DWELLING UNIT AND ELIMINATE THE DRIVEWAYS. AS THE LOT SIZE IS RELATIVELY SMALL FOR A DUPLEX, THIS WOULD RESULT IN UNNECESSARY HARDSHIP. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE GRANTING OF THE VARIANCE WILL OBSERVE THE SPIRIT OF THE ORDINANCE OF THE DUPLEX WILL BE ABIDING BY ALL OTHER SETBACK REQUIREMENTS. 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. SINCE 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 VARIANCES WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES AS ALL OTHER SETBACKS WILL BE ABIDED BY AND THERE IS AN ALLEY LOCATED TO THE REAR. ADDITIONALLY, THE, UM, UH, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SO IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROP. AND THE UNIQUE CIRCUMSTANCES WERE NOT CURATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE SIZE AND ORIENTATION OF THE LOT. THESE CIRCUMSTANCES DO NOT ME TO BE, APPEAR TO BE MERELY FINANCIAL AND OF MOTION. ALRIGHT, SECOND, SECOND, SECOND, MS. MANON, UH, WOULD YOU LIKE TO, UH, PROVIDE SOME, YEAH, UH, I'LL BE IN FAVOR OF THIS. UM, ALL WE'RE ASKING FOR IS A NINE FOOT, UM, DIG, SO, UM, I'M FINE. ALRIGHTY. MR. MANNA? YEAH, I AGREE. AND, AND SO BEING THAT WE PULLED OFF, UM, THE, THE, THE REAR PART BECAUSE OF THE ALLEY AND THEN BECAUSE OF THE RIBBON DIAL, RIBBON DRIVEWAY DIALOGUE. YEAH. I'LL BE SUPPORTING THIS. THANK YOU. ALRIGHT, LET'S GO. COMMISSIONER KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER MANANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BURTON, I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER ZUNIGA. MR. ZIKA THUMBS UP. COMMISSIONER BENAVIDES. I CONCUR. COMMISSIONER BRAGMAN? I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER ORIAN? YES. CHAIR ZUNA? YES, I CONCUR. WAS THAT 10? 10 IN FAVOR? NOT IN OPPOSITION. DID WE LOSE MR. DEAN OR IS HE YEAH, HE DROPPED OUT. YEAH, WE LOST, UH, COMMISSIONER DEAN FOR ABOUT 30 MORE MINUTES. OKAY, GOTCHA. OKAY. WITH TENANT FAVOR, ZERO IN OPPOSITION. THE VARIANCE PASSES AS READ AND AMENDED. GOOD LUCK WITH THE PROJECT. THANK YOU. NEXT CASE PLEASE. AGENDA ITEM NUMBER NINE IS BO OA 23 1 0 3 0 0 3 2 9. ADDRESS IS 2 0 1 EAST CARSON STREET COUNCIL. DISTRICT TWO APPLICANT IS MILO HOLMES, LLCA REQUEST FOR ONE A 15 FOOT VARIANCE FROM THE MINIMUM 25 FOOT CLEAR VISION TO ALLOW A CORNER WITH A CLEAR 10 FOOT CLEAR VISION AND TWO, A THREE FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION TO ALLOW A DRIVEWAY WITH A 12 FOOT CLEAR VISION. ZONING IS R SIX CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED ON THE CORNER OF EAST CARSON STREET AND NORTH HACKBERRY STREET. THE APPLICANT IS ANTICIPATING ON CONSTRUCTION A FIVE FOOT WR IRON FENCE. ALL OF THIS HEIGHT IS PERMITTED WITHIN THE FRONT AND SIDE YARDS OF LOCATION IN WHICH THE APPLICANT IS PLACED. THE FENCE IS WITHIN THE CORNER AND DRIVEWAY CLEAR. VISION FIELDS AT MINIMUM FENCES SHALL BE LOCATED 25 FEET FROM THE CORNER CURB AND 15 FEET FROM THE DRIVEWAY CURB. THE APPLICANT IS PROPOSING TO HAVE THE FENCE TO BE 12 INCHES FROM THE DRIVEWAY CURB AND 10 FEET FROM THE CORNER CURB. THE LOT HISTORICALLY HAD A PREDOMINANTLY OPEN FENCE OVER THREE FEET WITHIN THE CLEAR VISION AREA THAT WAS RECENTLY REMOVED. THE PROPERTY IS CADDY CORNERED WITH HIGH INTENSITY COMMERCIAL USE, AND A BLOCK TO THE SOUTH IS GENERALLY A PARKING LOT. THERE'S A STOP SIGN ON EACH SIDE OF NORTH HACKBERRY STREET. THIS [02:15:01] IS A SITE PLAN AND THE SUBJECT PROPERTY, THE SIDE DRIVEWAY, THIS IS YOUR CLEAR VISION MEASUREMENT. THE SIDE, UH, PROPERTY FROM NORTH HACKBERRY, THE, THE VIEW FROM THE CORNER OF NORTH HACKBERRY AND EAST CARSON. LOOKING NORTH AN ALTERNATE VIEW FROM CORNER NORTH HACKBERRY AND EAST CARSON. LOOKING EAST AND VIEW OF THE CORNER, CLEAR VISION CORNER, CLEAR VISION MEASUREMENT AND YOUR SURROUNDING AREA. STAFF RECOMMENDATION, DRIVEWAY CLEAR VISION AND CORNER CLEAR VISION VARIANCES. STAFF RECOMMENDS APPROVAL AND BO OA 23 1 0 3 0 0 3 2 9 BASED ON THE FOLLOWING FINDINGS, BUS STOP AND STOP SIGN REDUCES ANY LOSS OF SAFETY MITIGATION FROM THE REDUCED CORNER, CLEAR VISION AND TWO, THE VARIANCES WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT NOTIFICATION PLAN. STAFF. NO DOUBT, 26 NOTICES. ZERO. RETURN IN FAVOR, ONE IN OPPOSITION. GOVERNMENT HILL ALLIANCE NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. AND THIS IS THE OPPOSITION. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. THANK YOU. ANY QUESTIONS FOR STAFF MR. MANO? SO QUESTION. SO CAN YOU EXPLAIN THE, THE, THE BUS STOP DIALOGUE AND, AND HOW THAT I, I GUESS THE POSITION FROM THE CITY PERSPECTIVE? WELL, ON THE, GO BACK TO THE, UH, IF WE DON'T HAVE IT, WE CAN ALWAYS BRING IT UP ON GOOGLE, BUT ON THE CORNER THERE'S A, THERE'S A BUS STOP RIGHT HERE. YOU CAN'T REALLY SEE IT RIGHT HERE. RIGHT. UM, SO GUESS WHAT, THE BUS STOP IN THERE AND IF SOMEBODY'S COMING AROUND, THEY CAN, THEY'RE BEING CAUTIOUS OF GOING AROUND THE BUS SO THEY CAN STOP AND SEE. UM, AND PLUS THERE'S A STOP SIGN ON THE OTHER INTERSECTION AS WELL. BUT THE WAY I READ IT, YOU WERE IN FAVOR AND THAT WAS ONE OF THE REASONS YOU WERE IN FAVOR WAS BECAUSE OF THE BUS STOP BEING THERE, IS THAT IT SAYS THE BUS STOP AND THE STOP SIGN KIND OF MITIGATES THE TRAFFIC A LITTLE BIT FROM WHAT WE SEE. UM, ESPECIALLY THE BUS STOP IS RIGHT AT THE CORNER AND THE STOP SIGN IS AT THE OTHER CORNER. THE, THE, THE IDEA OF THE CLEAR VISION IS TO MAKE SURE, UH, TRAFFIC IS ESSENTIALLY, YOU KNOW, NOT GOING FAST AND THROUGH RESIDENTIAL. SO WE SAW THOSE TWO THINGS AS SOMETHING THAT SLOWS DOWN TRAFFIC. OKAY. YEAH, I WAS JUST TRYING TO FIGURE OUT WHAT THE BRANCH TRAFFIC OR NOTHING LIKE THAT. ALRIGHT, THANK YOU. ANY OTHER QUESTIONS FOR STAFF? HEARING NONE, I'D ASK THE APPLICANT TO PLEASE COME FORWARD. HELLO AGAIN, . UM, I DID MAKE A POWERPOINT. IF YOU COULD PLEASE PULL THAT UP. WE JUST NEED YOUR NAME. OH, I'M LAUREN SNYDER. I'M THE PROPERTY OWNER AND ONE OF THE PARTNER MEMBERS IN MILO HOMES WITH MY CAR AS WELL. YEP. SO THE UM, AS AS Y'ALL MENTIONED, THE VARIANCE REQUEST THAT WE'RE ASKING FOR IS A 15 FOOT VARIANCE FROM THE MINIMUM 25 FOOT CLEAR VISION TO ALLOW A CORNER WITH A 10 FOOT CLEAR VISION. AND THEN THE SECOND IS A, UH, THREE FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION TO ALLOW A DRIVEWAY WITH A 12 FOOT CLEAR VISION. UH, THIS IS THE ORIGINAL, UH, SURVEY AS WELL AS THE FENCE YOU CAN SEE IN THE BACK. IT'S A SIX FOOT WOOD PRIVACY. WE'RE NOT TOUCHING THAT. THE RIGHT SIDE IS A FOUR FOOT CHAIN LINK. WE'RE NOT TOUCHING THAT. AND THEN THE FRONT, THE ORIGINAL FENCE WAS A FOUR FOOT CHAIN LINK. THE LEFT SIDE OF THE PROPERTY THERE WAS A FOUR FOOT CHAIN LINK AS WELL. AND THE LEFT AND THEN THE FRONT, THAT'S WHERE THE CORNER MEETS. GO AHEAD. NEXT SLIDE. UH, THE NEW PROPOSED FENCE PLAN. WE ARE GONNA BE DOING A WROUGHT IRON DESIGN WITH A CURVED ARCH AND THEN YOU CAN SEE ON THE FRONT WE ARE JUST PROPOSING THAT NEW FIVE FOOT WR IRON FENCE. AND THEN THE LEFT SIDE, WE ARE ALSO PROPOSING THAT NEW FIVE FOOT WR IRON FENCE AS WELL. NEXT SLIDE, . UM, AS YOU CAN SEE THE SURROUNDING AREAS, WE'VE GOT A LOT OF MIX OF, UH, RESIDENTIAL AND IDZ COMMERCIAL SURROUNDING TO THE SUBJECT PROPERTY. UM, THE EAST CARSON STREET IS A MAIN ROAD THROUGH THE GOVERNMENT HILL NEIGHBORHOOD. UM, IT FEEDS INTO LIKE THE PEARL AREA. UM, THERE IS A VIA BUS STATION RIGHT ON THAT CORNER OF HACKBERRY AND EAST CARSON RIGHT IN FRONT OF OUR PROPERTY. UM, AND THAT IS ROUTE NUMBER 20. NEXT SLIDE PLEASE. UM, I WENT ON GOOGLE MAPS AND YOU CAN SEE THE SURROUNDING AREAS THAT HAVE THE HIGH FENCING AND THAT ARE ALSO ON CORNER LOTS. UM, THE PROPERTY AT 1 1 1 0 AUSTIN STREET IS A BLOCK OVER AND IT IS ALSO LOCATED ON EAST CARSON AND AUSTIN. AND THAT ONE DOES HAVE A 10 FOOT CHAIN LINK FENCE, UM, WITH A ONE FOOT CYCLONE FENCE ON TOP OF IT AS WELL. [02:20:01] THE OTHER EXAMPLE I USED IS TWO 10 AND TWO 14 EAST CARSON. AND THAT ONE CURRENTLY HAS A 10 FOOT CHAIN LINK FENCE AS WELL. AND THAT ONE IS ON THE OPPOSITE, UM, I GUESS GOING EAST ON HACKBERRY. UM, ABOUT TWO BLOCKS UP. UM, THIS IS JUST SHOWING SOME CRIME IN THE AREA BASED ON COMMUNITY CRIME MAP.COM. UH, WITHIN THE LAST 30 DAYS YOU CAN SEE THERE'S QUITE A BIT OF CRIMINAL ACTIVITY, CRIMINAL, YOU KNOW, MISCHIEF, UM, THE TRESPASSING, THE THEFT, THEFT OF VEHICLES AND SO FORTH, AS WELL AS BURGLARY. NEXT SLIDE PLEASE. UH, ANOTHER ONE FROM SPOT CRIME.COM. YOU CAN SEE THAT A LOT OF THAT CRIME'S PREDOMINANTLY TAKING PLACE ON THAT EAST CARSON, KIND OF THE COMMERCIAL AREAS THAT ARE PARTICULARLY INVOLVING THE BURGLARY AND THEFT, ET CETERA. SO YOU CAN SEE MY PRIMARY CONCERN IS DEFINITELY HAVING THAT VIA BUS, BUT ALSO MAKING SURE THAT EVERYONE CAN SEE WHENEVER THEY'RE DRIVING AROUND THAT CORNER. BUT A FOUR FOOT CHAIN LINK FENCE DID NOT KEEP CRIMINALS OUT. AND SO YOU CAN SEE THIS IS A VIDEO THAT I'VE ATTACHED, I DUNNO IF YOU CAN PLAY IT, BUT THIS GENTLEMAN IN MARCH HOPPED THE FENCE THAT WAS A FOUR FOOT AND HE WAS SEEN LOOKING IN THAT WINDOW AND THEN HE WENT TO THE FRONT DOOR AND THEN THE NEXT SLIDE, IT ACTUALLY SHOWS HIM JUMPING THE FENCE ON THE NEXT SLIDE, LIKE LEAVING. SO YOU CAN SEE HE GOES AROUND THE PROPERTY AND THEN HE JUMPS OVER THAT FOREFOOT, UM, ORIGINAL CHAIN LINK FENCE. UM, I DUNNO WHAT SPOOKED HIM, BUT CLEARLY CRIME IS ONE OF MY MAIN CONCERNS BEING ON THIS MAIN ROAD. ALONG WITH THAT VIA BUS STATION, THE EXAMPLE NUMBER TWO, THIS HAPPENED AT OUR PROPERTY. WE HAD A TRAILER STOLEN IN BROAD DAYLIGHT. UM, AND SO THAT FENCE WAS CUT AND SO CLEARLY WE ARE A TARGET. NEXT SLIDE PLEASE. YOU CAN SEE THE PROPERTY, UH, IT WAS ABANDONED FOR 10 YEARS. WE SPENT OVER A QUARTER MILLION DOLLARS TO RENOVATE AND SAVE THE HOME. AND HERE'S SOME BEFORE AND AFTERS. I, I LOVE THIS NEIGHBORHOOD, I BELIEVE IN THIS NEIGHBORHOOD. UM, I WANNA MAKE IT BETTER, BUT ALSO WANT TO MAKE SURE WE'RE HAVING SAFE DRIVING. NEXT SLIDE, PLEASE. I DID GET WITH MS. ROSEHILL HAD A GREAT CONVERSATION WITH HER AND SHE IS IN SUPPORT OF OUR OFFENSE. SHE DOES AGREE THAT CRIME AND THE VIA BUS RIGHT THERE, UM, IS ONE OF HER CONCERNS AND SHE SAID SHE'S NEVER, YOU KNOW, SEEN ANY ISSUES WITH THAT CORONER. UM, OR JUST LIKE HIGHER FENCES. NEXT SLIDE PLEASE. THEN I ALSO DID SPEAK WITH DISTRICT TWO COUNCILMAN AND GOT AN EMAIL FROM HIM. HE SAID THAT UM, IF ANY OF THE NEIGHBORS ARE IN SUPPORT, HE'S HAPPY TO GO AHEAD AND SUPPORT IT AS WELL. UM, TWO OF THE NEIGHBORS DID MENTION THAT THEY CALLED IN, BUT IT SEEMS THAT THEY CALLED IN TOO LATE. SO I DID TALK TO THE NEIGHBOR TO THE RIGHT 2 0 6 EAST CARSON AND HE DID APP, UM, I GUESS HE DID GIMME HIS SUPPORT AS WELL AS ISRAEL AT TWO 11 EAST CARSON. UM, HE DID VOICE HIS SUPPORT AS WELL AND WE ALSO HAD A NEIGHBOR THAT SHOWED UP, BUT HE HAD TO LEAVE, SO HE WAS IN SUPPORT AS WELL. SO THE VARIANCE REQUEST, CONCLUSION, WE ARE AGAIN REQUESTING THOSE TWO THINGS. THE RESOLUTION THAT WE'RE SEEKING IS THE CLEAR VISION WILL BE ALLOWED WITH THE RUD IRON FENCE SPACING OF THE PICKETS AT FOUR FOOT, OR I'M SORRY, FOUR INCHES WIDTH WITH A THREE QUARTER SQUARE TUBING FOR THE PICKETS. AND THE DRIVEWAY WILL ALSO ALLOW CLEAR VISION SINCE IT'LL BE OPEN WROUGHT IRON WITH FOUR INCH SPACING AND IN LINE WITH THE OTHER FENCING AS WELL. THANK YOU SO MUCH. YOU'RE WELCOME. LET'S SEE, LET'S SEE IF WE HAVE ANY QUES FOR THE APPLICANT. MANNA MR. MANAM QUESTION FOR THE CITY ACTUALLY. SO, SO AS WE GO DOWN THIS DIALOGUE FOR CLEAR VISION AND WE GIVE THE VARIANCE, UH, ASSUMING WE GIVE THE VARIANCE, UM, CLEAR VISION ALSO INCLUDES, UM, LANDSCAPING REQUIREMENTS. SO, UH, SO A GAP BETWEEN THREE FOOT TO SEVEN FOOT, UH, AS AN OPEN SPACE. SO IF WE GIVE THE CLEAR VISION, UM, IF WE, IF WE DO GO DOWN A CLEAR VISION PATH, IS THAT, IS THAT REQUIREMENT ALSO FORGIVEN OR, OR REQUIRED? DOES THAT MAKE MAKE SENSE? I DON'T BELIEVE THAT IS DONE THROUGH THE BOA UM, YOU TALKING ABOUT THE, LIKE THE BRUSHES AND STUFF LIKE THAT. LANDSCAPING WOOD. YEAH, SO LANDSCAPING, THERE'S A LANDSCAPING REQUIREMENT OF, OF A CLEAR VISION OF THREE FOOT, BETWEEN THREE FOOT AND SEVEN FOOT IN THAT CLEAR VISION FIELD. AND SO IF WE'RE GRANTING CLEAR VISION VARIANCE HERE, ARE WE ALSO GRANTING IT FOR THAT FOR THE BUSHES AS WELL? MM-HMM . AND SO THE, AND SO THE EXAMPLE IS GIVEN IN ONE PICTURE SHE SHOWED, SHOWED BUSHES AGAINST THAT FENCE AND THEN BECOMES BASICALLY, AND, AND NO LONGER REALLY AN OPEN FENCE, UM, OR A CLEAR VISION FENCE, YOU KNOW, BECAUSE IT, IT IS BLOCKED BY BUSHES. DOES THAT MAKE SENSE? SO, SO CAN THEY HAVE BUSHES HERE? I GUESS IF THAT SPEAK? IT DOES MAKE SENSE. THEY'RE NOT, I I DON'T BELIEVE THEY'RE GONNA BE U UTILIZING BUSHES IN THAT WAY, BUT THE LANDSCAPING PORTION OF IT WOULD'VE BEEN EVALUATED DURING THE BUILDING PERMIT PHASE OF IT AS WELL. AND SO IT, IT DOESN'T APPEAR THAT IT'S AN ISSUE, BUT YOU CAN ASK THE APPLICANT IF THEY WANNA CLARIFY WHAT KIND OF [02:25:01] LANDSCAPING THEY WOULD LIKE TO PUT. WELL, TO ME IT COMES BACK TO CODE. NO, IT'S A CODE QUESTION BECAUSE THE CODE SAYS YOU CAN'T HAVE, UH, WITHIN THREE TO SEVEN FOOT IN THE CLEAR VISION FIELD AND WE'RE GRANTING A A VARIANCE ON THE CLEAR VISION. SO THAT'S, SO REALLY IT'S THAT QUESTION THERE. AND I I HAVE ONE IN MY NEIGHBORHOOD THAT I'M FIGHTING RIGHT NOW. THAT'S WHY THIS, THIS IS PASSIONATE ABOUT THIS PARTICULAR QUESTION, RIGHT? NO, BUT IT IT'S INCLUDED AS PART OF THE REQUEST FOR CLEAR VISION BECAUSE THAT IS WHAT IS ON THE AGENDA. IT'S FOR THE CLEAR VISION ALONG THOSE TWO AREAS OF THE CORNER. YEAH, WE'RE ASKING FOR THE CLEAR VISION AREA. AREA, NOT LIKE THE FENCE HEIGHT. WE'RE ASKING FOR THE CLEAR VISION AREA TO BE, UM, REDUCED. SO IF IN THAT TURN, IF THEY WANT PUSHES THERE, THEY WILL BE ALLOWED. WE'RE NOT ASKING FOR LIKE A A THREE, UH, A ONE FOOT VARIANCE FROM THE, THE MAXIMUM THREE FOOT HEIGHT FENCE OF THE CLEAR VISION. WE'RE ASKING FOR THE CLEAR VISION TO BE REDUCED. OKAY, WELL I GET MY QUESTION STILL STANDS. I'M SORRY IT WASN'T ANSWERED TO MY, I OR I'M NOT UNDERSTANDING THE RES THE ANSWER. 'CAUSE 'CAUSE CLEAR VISION TO ME SAYS I COME TO THAT CORNER AND I NEED TO BE ABLE TO SEE 25 FEET DOWN. AND SO, SO WE HAVE, UH, OPEN FENCING, WHICH I'M FINE WITH. AND SO THE, AND SO, SO IF WE GO THROUGH AND ALLOW FOR, UH, THE CLEAR VISION, YOU KNOW, IF THEY PLANT LANDSCAPING THERE, THEN NOW ALL OF A SUDDEN IT'S NO LONGER CLEAR VISION. UM, BUT THAT'S NOT WHAT WE'RE, YOU KNOW WHAT WE'RE DIALOGUING HERE, RIGHT? BUT THE CLEAR VISION IS GONNA BE REDUCED SO THEN THEY COULD HAVE WHATEVER LANDSCAPING THEY HAVE IN THAT AREA THAT WAS REDUCED EITHER WAY. IF IT BECOMES, IF IT BECOMES A CLEAR VISION ISSUE THAT IS SHRUBBERY, THAT IS A CLEAR VISION ISSUE, THEN THEY WILL GET CITED FOR THAT AND WE'LL HAVE TO COME GET A VARIANCE TO THAT. DOES THAT HELP? WE'RE TRYING TO UNDERSTAND THE PERSPECTIVE, UH, OF WE, WE GET THE CLEAR VISION, BUT WHAT WE'RE SAYING IS THEY'RE ASKING TO SHRINK IT AND WE'RE WE'RE OKAY WITH THEM SHRINKING THAT BECAUSE OF THE FACT THAT THERE, THERE ARE ALREADY TRAFFIC CALMING MEASURES THERE BY THE BUS AND THE, THE STOP SIGNS. SO, UM, WE APOLOGIZE. WE MAY NOT BE FOLLOWING YOUR TRAIN OF THOUGHT THERE, BUT I, I GUESS I'D HAVE TO SEE WHAT, WHAT ISSUE YOU'RE GOING THROUGH IN YOUR NEIGHBORHOOD TO, TO UNDERSTANDS. SO THERE'S A, SO WE'RE TALKING ABOUT IT. SO PART OF THE, YOU KNOW, PART OF THE JUSTIFICATION HERE IS THAT IT'S A PREDOMINANTLY OPEN FENCE, YOU KNOW, AND SO, SO AS LONG AS THERE REMAINS A PREDOMINANTLY OPEN FENCE, NO PROBLEM. AND SO THAT'S WHAT WE'RE, YOU KNOW, KIND OF GOING THROUGH AND, AND SO IF IT ALL OF A SUDDEN, YOU KNOW, HAS, AND THIS REALLY ISN'T, YOU KNOW, THERE'S REALLY BIGGER QUESTION FROM MY PERSPECTIVE ON JUST OVERALL. AND SO, SO IF IT NO LONGER IS A PREDOMINANTLY OPEN FENCE BECAUSE IT'S BEEN BLOCKED, BUT WE GRANTED IT, UM, YOU KNOW, AS A, AS A 50 FOOT VARIANCE, UM, YOU KNOW, SO, SO THOSE TWO ARE IN CONFLICT FROM MY PERSPECTIVE. RIGHT? BUT WE'RE NOT GRANTING AN A PREDOMINANTLY OPEN FENCE. A PREDOMINANTLY OPEN FENCE IS PERMITTED. WE'RE GRANTING THE REDUCTION OF THE CLEAR VISION. SO IN THE SITE DISTANCE PARAGRAPH THAT YOU'RE TALKING ABOUT, THEY CAN HAVE, IF THEY CHOOSE TO PA PUT BRUSHES OR WHATEVER IN THERE, THEY'LL BE ABLE TO HAVE THAT BE IF YOU GUYS APPROVED THE VARIANCE BECAUSE THE CLEAR VISION AREA IS REDUCED. THANK YOU. I'LL I'LL HAVE MORE DIALOGUE. THE PLANTINGS, THE PLANTINGS WOULD BE ALLOWED IN THE REDUCED AREA OF THE THAT'S CORRECT. CLEAR VISION, YES. OH, MR. ORIAN. YEAH, JUST REALLY QUICKLY, UH, I, I KNOW THAT THEY CAN PUT A PREDOMINANTLY OPEN FENCE, BUT IS THERE JUST MAYBE IT'S FOR STAFF OR LEGAL. CAN WE MAKE IT A PART OF THE MOTION THAT THE VARIANCE IS, IS DUE TO OR INCLUDES A PREDOMINANTLY OPEN FENCE? OH, I JUST CONFERRED WITH THE ATTORNEY AND, AND WE AGREED THAT THAT'S LIKE PUTTING A CONDITION ON, ON THE VARIANCE BECAUSE THE FENCE IS ALLOWED, THE PREDOMINANTLY OPEN FENCE IS ALLOWED BY RIGHT. WITH PERMITTING. YEAH. JUST I, THIS IS JUST ONE OF THOSE TOPICS THAT I THINK THAT WE AS A BOARD WE NEED TO LOOK AT BIG PICTURE WISE IS BECAUSE, YOU KNOW, IF THIS APPLICANT WERE TO COME BACK A YEAR FROM NOW AND ASK FOR A FIVE FOOT SOLID FENCE AS A VARIANCE, YOU KNOW, THEN THEY, THEY WOULDN'T HAVE TO COME BACK WITH A CLEAR VISION. AND I'VE, I'VE ALWAYS FELT LIKE THEY KIND OF GO HAND IN HAND, BUT THAT'S JUST MY 2 CENTS. OKAY. ZUNIGA, MR. ZUNIGA? YEAH, I'M GLAD AND I'M PROUD THAT UH, WE, WE HAVE A MR. MEN I ON A NEIGHBORHOOD BOARD, UH, DOING, UH, HIS DEVELOPMENT AND RESEARCH OVER THERE, BUT NOT ALL TWO PROPERTIES ARE, ALL TWO AREAS ARE IN THE SAME MIX. UH, I, I SEEN THIS HOUSE, WHAT ABOUT AGO? AND IT WAS TERRIBLE. NOW IT'S REAL NICE. EVERYTHING'S GOING ON AND THEY HAVE ON, ON THEIR OWN, UM, UH, TEAM, THE OWNERS, THEY HAVE PEOPLE [02:30:02] AND ESPECIALLY ONE THAT'S VERY HIGHLY, UH, COMMENDED IN THE AREA THERE THAT HAVE BEEN IN THE BOARDS THERE JUST RECENTLY. SO I, I WOULD THINK THEY WILL DO THE RIGHT THING AT THE, AT THE TIME BECAUSE WE CAN'T BE SETTING EXAMPLES NOW OUR CONDITIONS, THERE'S NO CONDITIONS HERE. THEY'RE ASKING WHAT IT'S IN FRONT OF US AND WHAT WE ARE ADDRESSING. SO I'LL TELL YOU THE TRUTH. THIS, I KNOW THE OWNERS WILL FOLLOW THE LAW TO A TEAM, SO I'LL BE VOTING FOR IT REGARDLESS THE WAY IT FOR THANK YOU MR. ZIGA. CIA, IF WE HAVE ANY QUESTIONS, UH, FOR THE APPLICANT. ALRIGHT, STAFF, DO WE HAVE ANY PUBLIC COMMENTS OR VOICEMAIL TO BE READ INTO THE RECORD? WE HAVE UH, ONE VOICEMAIL AND ONE SPEAKER. CAN YOU START WITH THE VOICEMAIL? YES. GOOD MORNING. UM, UH, ROYAL ROCHA ALI ON 2 0 7 EAST CARSON. I'M CALLING ON BEHALF OF LORI, MY NEIGHBOR, THAT SHE IS, UH, HAVE HER SUPPORT FOR THE FENCE THAT SHE WANTS TO PUT ON. CASE NUMBER IS 23 DASH 10 30 0 3 2 9 AMAL SUPPORT FOR HER TO PUT HER PANTS UP. THANK YOU. AND JUST TO VERIFY MR. RUBIN, EZ IS NOT HERE. OKAY? YES, THAT'S ALL THE PUBLIC COMMENT. THANK YOU. ALRIGHT, UH, AT THIS POINT I'D ASK THE, UH, APPLICANT TO PLEASE COME UP AND IF YOU HAVE ANY CLOSING REMARKS YOU'D LIKE TO MAKE BEFORE WE CLOSE THE PUBLIC PORTION. UM, I'D LIKE TO ADD MR. MANA, UM, WE ALREADY DID THE LANDSCAPING AND WE KEPT EVERYTHING REALLY FLAT SO THERE WAS NO OTHER THINGS THAT WILL BE AFFECTING THE CLEAR VISION. UM, AS FAR AS, YOU KNOW, MAINTAINING THAT FENCE, LIKE THERE WERE THE, UH, THE, THE CHAIN LINK FENCE, IT WAS ALL PUT UP ON THAT CORNER, UM, BEFORE WE TOOK IT DOWN AND THERE WAS A LOT OF BRUSH AND WEEDS, BUT WE GET OUR HOMES MAINTAINED AND, AND THE LAWNS CUT EVERY LIKE WHAT, TWO TIMES A MONTH. SO AS FAR AS THE VINES GROWING UP, THAT FENCE, THAT WILL NOT BE AN ISSUE ON MY HOME. THANK YOU. THANK YOU. THANK YOU. ALRIGHT, THAT CLOSES THE, UH, PUBLIC PORTION. I'D ASK FOR A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION MANA MR. MANO, REGARDING CASE NUMBER BO 8 2 3 1 0 3 0 0 3 2 9. I MOVED THAT THE BOARD OF ADJUSTMENT GRANT THE REQUEST FOR A 15 FOOT VARIANCE FROM THE MINIMUM 25 FOOT CLEAR VISION TO ALLOW A CORNER WITH A 10 FOOT CLEAR VISION AND TWO, A THREE FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION TO ALLOW A DRIVEWAY WITH 12 FOOT CLEAR VISION SITUATED TWO ONE EAST CARSON STREET, APPLICANT BEING LAUREN LAUREN SNYDER. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY OF SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST TO OBSERVE THE SAFETY OF VEHICULAR TRAFFIC FOR THOSE TRAVELING ALONG EAST CARSON AND NORTH HACKBERRY. THE VARIANCE IS TO THE CLEAR VISION STANDARDS APPEARS TO BE CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS THERE, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIAL CONDITIONS EXIST ON THE PROPERTY AS THERE IS A BUS STOP AT THE LOCATION OF THE CORNER OF CLEAR VISION AND THE APPLICANT WILL HAVE 10 FOOT CORNER CLEAR VISION. THREE, BY GRANTING THE VARIANCE, THE SPEAR OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE VARIANCE OF THE CLEAR VISION REQUIREMENT APPEARS TO OBSERVE THE SPEAR OF THE ORDINANCE AS IT WILL LEAVE ROOM FOR SAFETY, SAFE VISIBILITY FOR ONCOMING VEHICLES. ADDITIONALLY, THE PRESENCE OF THE BUS STOP AND SIGN STOP SIGN APPLIES ANY LOST SAFETY MITIGATION FROM THE REDUCED CLEAR VISION. FOUR, THE VARIANCE WILL NOT AUTHORIZED THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. IF GRANTED, THE VARIANCE REQUESTS WILL NOT INJURE, UH, UM, NOT INJURE THE APPLICANT AS THE ADJACENT BLOCKS ARE NOT RESIDENTIAL. AND, UM, THE PRESENT PRESENCE OF A STOP SIGN IN THE BUS STOP PROTECTS THE APPROPRIATE USE OF ADJACENT FORM PROPERTIES. SIX. THE PLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH A VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON A CORNER LOT AND THE LOCATION OF A BUS STOP SIGN. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL AND A MOTION. SECOND. SECOND, [02:35:01] UH, MS. BRAGMAN, UH, DID YOU HAVE ANY COMMENTS MR. MANNA? SO, NO, I'LL BE, UH, APPROVING THIS AS RED AND SO, SO IT DOES LOOK LIKE YOU'VE DONE A WONDERFUL JOB RENOVATING THE HOUSE AND IT DOES LOOK NICE. UM, AND, UM, I'LL BE APPROVING THIS READ MR. BRAGMAN. I'LL BE IN SUPPORT OF THE MOTION AS WELL. UM, I THINK, UM, ONE OF THE COMMISSIONERS VOICED A CONCERN ABOUT, UH, THE OPEN FENCE BEING REPLACED WITH A SOLID FENCE. BUT I THINK IF YOU'RE SPENDING THE MONEY ON A WROUGHT IRON FENCE, YOU'RE NOT GONNA REPLACE IT ANYTIME SOON. AGREED. THANK YOU. ALRIGHT, LET'S GO AHEAD AND TAKE A ROLL CALL. VOTE. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BURTON, I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER ZUNIGA. THUMBS UP. COMMISSIONER AVILES. I CONCUR. COMMISSIONER ORIAN. I CONCUR THE FINES OF FACT. COMMISSIONER KAPLAN? I CONCUR. CHAIR ZUNA? YES, I CONCUR WITH TENANT FAVOR. ZERO OPPOSITION. THE VARIANCES. READ PASSES. UH, GOOD LUCK WITH THE PROJECT. THANK YOU. NEXT CASE PLEASE. AGENDA ITEM NUMBER 10 IS BO OA 23 1 0 3 0 0 3 3 0. ADDRESS IS 1156 MORALES STREET COUNCIL. DISTRICT FIVE APPLICANT IS MICHAEL GONZALEZ. A REQUEST FOR ONE A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A STRUCTURE TO BE ONE INCH FROM THE FRONT PROPERTY LINE. TWO, A FOUR FOOT 11 INCH VARIANCE FROM THE FIVE FOOT MINIMUM SIDE SETBACK TO ALLOW A STRUCTURE TO BE ONE INCH FROM THE SIDE PROPERTY LINE AND THREE A NINE INCH VARIANCE FROM THE MINIMUM 15 FOOT DRIVEWAY. CLEAR VISION TO ALLOW A 14 FOOT THREE INCH DRIVEWAY CLEAR VISION ZONING IS R FIVE CD. THE SUBJECT PROPERTY IS LOCATED AT THE INTERSECTION OF MORALES AND NORTH BRAZEL STREET WEST OF DOWNTOWN WEST OF IH 10. THE PROPERTY HAS AN EXISTING STRUCTURE THAT WILL BE REMODELED INTO A DUPLEX. THE STRUCTURE CURRENTLY COMPLIES FOR NON-CONFORMING USE. HOWEVER, WITH THE STRUCTURE BEING CONVERTED TO TWO UNITS, NON-CONFORMING IS NOT APPLICABLE. ADDITIONALLY, THE APPLICANT IS REQUESTING A DRIVEWAY CLEAR VISION VARIANCES FOR THE EXISTING FENCE. THE PROPERTY WAS RECENTLY REZONED BY A LARGE AREA REZONING FOR A CONDITIONAL USE FOR TWO DWELLING UNITS WITH NO ASSOCIATED SITE PLAN. A STOP SIGN IS LOCATED ON BOTH SIDES OF MORALES STREET. THIS IS YOUR SITE PLAN, YOUR SUBJECT PROPERTY, THE DRIVEWAY FROM THE CURB, YOUR CLEAR VISION, THE CORNER OF MORALES AND NORTH BRALEY STREET VIEW FROM NORTH BRALEY STREET, ANOTHER ALTERNATE VIEW AND YOUR SURROUNDING AREA. STAFF RECOMMENDATION FRONT AND SIDE VARIANCES. STAFF RECOMMENDS DENIAL AND BO O 8 23. 1 0 3 0 0 3 3 0 BASED ON THE FOLLOWING FINDINGS, THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WOULD NOT WOULD BE ALTERED. AND TWO, THE REDUCED SITE SETBACK IN JURORS NEIGHBORING PROPERTIES AND CITY RIGHT OF WAY. STAFF RECOMMENDATION, CLEAR VISION VARIANCE. STAFF RECOMMENDS APPROVAL AND BOA 23. 1 0 3 0 0 3 3 0 BASED ON THE FOLLOWING FINDINGS, THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WILL NOT BE ALTERED. AND TWO, THE LOCATION OF THE FENCE IS ESTABLISHED ON A LOT AND SURROUNDING AREA AND LEAST SUFFICIENT ROOM TO SAFELY BACK OUT INTO RESIDENTIAL STREET WITH A STOP SIGN. NOTIFICATION PLAN. STAFF MAILED OUT 35 NOTICES. ZERO. RETURN IN FAVOR, ZERO IN OPPOSITION. GARDENDALE NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. AND WESTIN HOPE AND ACTION NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS PRESENT. ALRIGHT, LET'S SEE IF WE HAVE ANY QUESTIONS FOR STAFF. HEARING NONE, ASK THE APPLICANT TO PLEASE COME FORWARD. GOOD MORNING, CHAIRMAN AND BOARD. MY NAME IS MICHAEL GONZALEZ. I'M THE APPLICANT AND OWNER OF 1 56 MORALES STREET. MY ADDRESS IS 1 3 7 0 7 FRENZY PLACE, SAN ANTONIO. UH, LET'S SEE. UM, SO I'M CHANGING THE CHARACTERISTICS OF THE PROPERTY. UM, THE FRONT AND SIDE SETBACKS ARE UNCHANGED, SO THOSE, UM, SECTIONS OF THE BUILDING WILL REMAIN THE SAME BECAUSE I'M CHANGING THE CHARACTERISTICS AND, UM, THE INTERNAL LAYOUT I HAVE TO, I'M NO LONGER GRANDFATHERED IN. UM, AND SO, UH, THAT'S WHAT THIS IS FOR. UM, IT ALSO INCLUDES THE CLEAR VISION AND I THINK THAT'S IT. YEP. UM, I DO HAVE, I DID GET WITH, UH, MY ADJACENT NEIGHBORS, SO I HAVE WRITTEN STATEMENTS. SO [02:40:01] I THINK CASE FOUR FOR THREE 19, SOUTH SAN MARCOS. UM, THAT, THAT, UH, VOICEMAIL WAS FROM MINE THAT WE HAD VERY SIMILAR NUMBERS. IT WAS 3 0 0 VERSUS MINE IS 3 3 0. UM, BUT I DO HAVE WRITTEN LETTERS FROM TWO, TWO NEIGHBORS. UM, ONE ROSALIN, WHICH WAS THE EMAIL, THE, UH, VOICEMAIL WAS FOR ALSO GOT WITH THE PRINCIPAL OF THE ELEMENTARY SCHOOL. AND, UM, TALKED TO HER A LITTLE BIT ABOUT THE PROJECT. SHE'S IN FAVOR. I HAVE A SIGNED STATEMENT FROM HER. UM, ALSO WAS ABLE TO GET WITH RICK JACKSON AND HIS BOARD, UM, AND, UH, TALK TO THEM A LITTLE BIT ABOUT THE PROJECT AS WELL. THEY'RE ALSO IN FAVOR AND THEN ALSO GOT WITH THE, UM, GARLAND DALE, UM, NEIGHBORHOOD ASSOCIATION. UM, MARCELLA AND RAFAEL, THEY'RE ALSO IN FAVOR, THAT'S ALL. AND THEN THEIR, UH, THEIR PHONE NUMBERS AND, UH, NAMES ARE ON THE BOTTOM. ALRIGHT, LET'S SEE IF WE HAVE ANY QUESTIONS FOR THE APPLICANT. ORIAN, MR. ORIAN. SO ON THIS, ON THE STAFF REPORT, IT, IT LOOKS LIKE YOU'RE DOING A BUILDING ADDITION, BUT ON THE, ON THE OLD GOOGLE MAPS, IT LOOKED LIKE THERE WAS A SMALL LITTLE, I DON'T KNOW, SMALL, I DON'T KNOW WHAT THE SPACE IS, BUT IT'S A VERY LOW ROOF. RIGHT. IS ARE YOU INCREASING THE FOOTPRINT OF THE, OF THE STRUCTURE OR ARE YOU JUST CHANGING THAT LAST SECTION? UH, JUST THE LAST, JUST THAT LAST SECTION. SO YEAH, YOU'RE CORRECT. WHENEVER I STARTED GETTING INTO IT THERE, UM, THERE WAS A LOT OF STUFF THAT WAS BUILT INCORRECTLY, SO IT, IT WAS OKAY. AND THEN, YOU KNOW, AS FAR AS THESE SETBACKS, SO YOU'RE NOT ATTEMPTING IN ANY WAY TO INCREASE ANY SETBACKS OF THE STRUCTURE, IS THAT, THAT'S A TRUE STATEMENT? UM, YES, SIR. THE, THE, THE ROAD. YEAH. IT'S, IT WAS BUILT AT BASICALLY ONE INCH AND ONE INCH ON, UM, BRAZOS AND MORALES. YEAH, RIGHT, RIGHT. WHERE THAT'S AT. AND BUT ARE YOU KEEPING, ARE YOU KEEPING THAT PORCH OR IS THAT SOMETHING, BECAUSE IT LOOKS LIKE PART OF THE ENCROACHMENT IS THIS, IS THIS THREE FOOT OR WHATEVER COVERED PORCH? IT IT SURE IS. IT GOES, YEAH, I'M GONNA GET RID OF IT. YOU'RE, YOU'RE GONNA GET RID OF IT. MM-HMM. . BUT, BUT IN GETTING RID OF IT, IT STILL IS GONNA BE, YOU KNOW, THAT PORCH ISN'T ONE INCH OFF, SO IF YOU GET RID OF THE PORCH, YOU'RE JUST, YOU'RE GOING TO BE ONE INCH OFF. RIGHT. IT'S, YEAH, IT'S BUILT. OKAY. SO YOU'RE ACTUALLY, YOU'RE ACTUALLY, SO THIS PROJECT IS ACTUALLY GOING TO REDUCE THE EXISTING, UH, ENCROACHMENT AND, YOU KNOW, INTO THE CITY PROPERTY, A GOOD THREE FEET AT LEAST IT LOOKS LIKE Y YES SIR. I GOT WITH KEVIN AND MARCO, I INITIALLY WANTED TO PURCHASE THAT LAND, UM-HUH? AFTER I EXPLAINED TO HIM A LITTLE BIT ABOUT THE PROPERTY AND WE, WE REVIEWED IT IN GOOGLE MAPS, HE SAID I'D PROBABLY END UP GETTING DENIED. AND SO THE BEST THING TO DO WOULD BE, UM, UH OKAY, A VARIANCE. I JUST, I'M JUST TRYING TO MAKE SURE I'VE GOT THIS RIGHT. AND YOU DON'T HAVE ANY ISSUES WITH THIS THREE FACE POWER POLE THAT'S AT THE HARD CORNER THERE? UH, NO SIR. ALRIGHT. THANK YOU. ALRIGHT, THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT? ANY OTHER QUESTION? SO F MANNA, MR. MANNA. SO FOLLOW UP ON, UH, MR. IAN'S QUESTION THERE. SO, SO LOOKING AT THE, LOOKING AT THE FOOTPRINT THERE AND JUST TRYING TO UNDERSTAND WHAT'S BEING ASKED FOR IS JUST REALLY LONG, UH, BOTH THE PROPERTY, UM, THAT IS ADJACENT OR BUTTING THE STREET, THOSE ARE THE TWO SIDES THAT WE'RE LOOKING AT? YES SIR. AT THAT, THAT WE'RE SEEKING THIS VARIANCE ON, CORRECT? YES SIR. OKAY. THAT, THAT FACE WE'RE LOOKING AT RIGHT THERE AND THEN THE ADJACENT ONE TO THE RIGHT. OKAY. THAT'S ALL I HAVE. ALRIGHT, THANK YOU. AND ARE YOU MS. KAPLAN STUDENT, ARE YOU GETTING RID OF THE PORCHES ALSO ON NORTH BRAZOS? YES MA'AM. YOU'RE GETTING RID OF ALL THIS, SO YOU'RE GONNA ALSO BE A LITTLE LESS, UM, UH, IN THE SETBACKS. YES, MA'AM. AND I WAS ALSO GONNA, I'M GONNA LEAVE THAT CHAIN LINK FANG'S, BUT I'M GONNA FIX IT AND GET RID OF ALL THE, THE BRUSH THAT'S BEEN GROWING UP THERE AS WELL. ARE THESE RENTALS, MAY I ASK OR IS IT, UH, IT'S GONNA BE A RENTAL. YES MA'AM. RENTAL. OKAY. THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT? ALRIGHT, STAFF, DO WE HAVE ANY VOICEMAIL OR PUBLIC COMMENT TO READ INTO PUBLIC RECORD? UH, NO PUBLIC COMMENTS. UH, JUST TO BE CLEAR, THAT CHAINING FENCE IS PART OF THE CITY RIGHT OF WAY, THAT'S WHY ITEM NUMBER FOUR WAS TAKEN OFF. SO IT CANNOT BE CONSIDERED, UM, JUST FYI. INTERESTING. GOTCHA. ALRIGHTY. UM, UM, ANY, WOULD YOU LIKE TO ADD ANY CLOSING REMARKS BEFORE WE CLOSE THE PUBLIC PORTION? NO, BUT I APPRECIATE, UM, YOU KNOW, YOUR GUYS' TIME THIS AFTERNOON AND I APPRECIATE, UM, YOU KNOW, THE, THE NEIGHBORHOOD ASSOCIATIONS THAT HOSTED ME AND GOT TO TELL 'EM A LITTLE BIT ABOUT THE PROJECT. A LOT OF GOOD PEOPLE IN THE NEIGHBORHOOD [02:45:01] AND, UH, CARE ABOUT THE WELLBEING OF THE PR OF THE, UH, MAYOR. THANK YOU. THANK YOU. ALRIGHT, LET'S GO AHEAD AND, AND, UH, SEE IF ANYBODY WOULD FOR THIS, UH, VARIANCE. I'LL MAKE A MOTION. ORIAN ORIAN? YEP. OKAY. REGARDING CASE NUMBER BO O EIGHT DASH 23 DASH 3 0 0 3 3, I MOVE TO THE BOARD OF ADJUSTMENT. GRANTED A REQUEST FOR ONE, A NINE FOOT 11 VARIANCE FROM THE MINIMUM AND 10 FOOT FRONT SETBACK TO ALLOW STRUCTURE TO BE ONE INCH FROM THE FRONT PROPERTY LINE. TWO, A FOUR FOOT, 11 FOOT 11 INCH VARIANCE FROM THE FIVE FOOT MINIMUM SIDE, BACK SIDE, SIDE SETBACK TO ALLOW A STRUCTURE TO BE ONE INCH FROM THE SIDE PROPERTY LINE AND THREE A NINE INCH VARIANCE IN THE MINIMUM 15 FOOT DRIVEWAY. CLEAR VISION TO ALLOW A 14 FOOT THREE INCH DRIVEWAY CLEAR VISION, UH, SITUATED AT 1156 MORALES STREET, APPLICANT BEING MICHAEL GONZALEZ. 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 LIT LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY YOU FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE REDUCED SETBACKS ARE NOT CONTRARY OF THE PUBLIC INTEREST AS THE STRUCTURES EXISTING. ADDITIONALLY, IN THIS CASE, THE 14 FOOT THREE INCH DRIVEWAY CLEAR VISION LEAVES ENOUGH SPACE FOR SIGHT DISTANCE TO ASSURE VEHICLE TRAFFIC PROTECTION TOO DUE TO SPECIAL CONDITIONS OF LITERAL ENFORCEMENT OF THE ORDINANCE OF RESULT AND UNNECESSARY HARDSHIP, A LITERAL, LITERAL ENFORCEMENT OF THE ORDINANCE WILL NOT RESULT IN UNNECESSARY HARDSHIP AS A STRUCTURE WOULD HAVE TO BE MOVED, UH, TO MEET THE REQUIRED SETBACKS. ALSO, THE ENTIRE FENCE WOULD HAVE TO BE RECONFIGURED TO ABIDE BY THE DRIVEWAY CLEAR VISION. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE INCREASE OF DWELLING UNITS IN THE EXISTING REDUCED SETBACK STRUCTURE WOULD OBSERVE THE SPIRIT OF THE ORDINANCE AS THE STRUCTURE IS EXISTING AND THE DISTANCE FROM THE RIGHT OF WAY WOULD BENEFIT THE DUPLEX IN THE SURROUNDING AREA. THE REDUCED DRIVEWAY CLEAR VISION WILL OBSERVE THE SPIRIT OF THE ORDINANCE AS IT LEAVES SUFFICIENT ROOM FOR EXITING INTO A RESIDENTIAL STREET ON THE CORNER LOT WITH THE STOP SIGN OR THE PARENTS DO NOT AUTHORIZE 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. STAFF FINDS THE REDUCED CLEAR VISION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS A STRUCTURE IS ESTABLISHED AND THE FENCE LOCATION IS ESTABLISHED IN THE AREA AND WILL ALSO LEAVE SUFFICIENT ROOM TO SAFELY BACK INTO RESIDENTIAL INTO THE RESIDENTIAL STREET. SIX, APPLY TO THE OWNER FOR THE PROPERTY OF WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL OR NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE STRUCTURES EXISTING AND WOULD HAVE TO BE DEMOLISHED AND REBUILT TO MEET THE REQUIRED SETBACKS. ADDITIONALLY, THE DRIVEWAY CLEAR VISION VARIANCE IS DUE TO UNIQUE CIRCUMSTANCES THAT WERE NOT CREATED BY THE PROPERTY OWNERS, SUCH AS THE LOCATION OF THE FENCE IN THE LOT AND SURROUNDING AREA. END OF MOTION. SECOND. A SECOND FOR MR. UM, IS THAT MISS ORIAN? YEAH, SO I'M, I'M GONNA BE IN SUPPORT OF THIS THING, UH, BECAUSE HE IS MAKING IT BETTER BY REMOVING THE, UH, COVERED PORCHES. UH, AND HE, HE'S, HE'S IMPROVING IN AN EXISTING ENCROACHING CONDITION AND THEN HE HAS SO MUCH SUPPORT FROM THE NEIGHBORS, UH, AND THE COMMUNICATION WITH THE NEIGHBOR ASSOCIATION. I'M, I'M IN SUPPORT MR. MANA. I'D LIKE TO OFFER A FRIENDLY AMENDMENT TO INCLUDE NORTH, UH, WITH REGARDS TO THE SIDE PROPERTY LINE SO THAT IT'S ONLY THE NORTH SIDE PROPERTY LINE. UH, UH, SO AMENDED AND I CONCUR WITH MY COLLEAGUE. GOTCHA. ANY, ANY OTHER? ALRIGHT, LET'S GO AHEAD AND UH, TAKE A ROLL CALL. VOTE. COMMISSIONER ORIAN. UH, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER MANOR. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BURTON. I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER ZUNIGA. THUMBS UP. COMMISSIONER BEAVIS. I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER KAPLAN? I CONCUR. CHAIR UNA? YES, I CONCUR WITH 10 IN FAVORS. YOUR OPPOSITION. THE, UH, VARIANCE AS AMENDED PASSES. GOOD LUCK WITH THE PROJECT. THANK YOU. ALRIGHT, NEXT CASE PLEASE. ITEM NUMBER 11 IS BOA DASH TWO THREE DASH 1 0 3 0 0 3 3 2. THE ADDRESS IS 3 28 EAST SUNSET COUNCIL DISTRICT 10. THE APPLICANT IS BENDICION ENGINEERING AND THE REQUEST IS FOR A 15 FOOT VARIANCE FROM THE REAR MINIMUM 20 FOOT REAR SETBACK TO ALLOW A FIVE FOOT REAR SETBACK ON FOUR [02:50:01] LOTS. THE ZONING IS RESIDENTIAL SINGLE FAMILY DISTRICT. THE SUBJECT PROPERTY IS LOCATED ON EAST SUNSET ROAD BETWEEN NORTH NEW BRAUNFELS AVENUE AND BROADWAY STREET. THE PROPERTY WAS RECENTLY PLOTTED ON OCTOBER 14TH, 2022. THE PROPOSED DEVELOPMENT WOULD NOT MEET THE MINIMUM REAR SETBACK REQUIREMENTS OF MEETING THEIR RESIDENTIAL USES TO THE EASTERN AND WESTERN PROPERTY LINES UPON SITE VISITS. STAFF FOUND NO EXISTING STRUCTURES AND NO EXISTING CONDITIONS THAT WOULD WARRANT ADDITIONAL VARIANCE REQUESTS. THIS IS THE SITE PLAN AND THE SUBJECT PROPERTY IN THE SURROUNDING AREA. STAFF RECOMMENDATION FOR THE REAR SETBACK VARIANCE STAFF RECOMMENDS APPROVAL IN BOA DASH 23 DASH 0 3 3 32 BASED ON THE FOLLOWING FINDINGS OF FACT. ONE, THE PROPOSED DEVELOPMENT LEAVES MINIMAL OPTIONS FOR REARRANGING SEVEN DWELLING UNITS WHILE ALSO ADHERING TO ALL SETBACK REQUIREMENTS. AND TWO, IT WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT STAFF MILL THAT 83 NOTICES ZERO WERE RETURN IN FAVOR. SEVEN WERE RETURN TO OPPOSITION. THE OAK PARK NORTHWOOD NEIGHBORHOOD ASSOCIATION IS IN FAVOR AND THESE OTHER PUBLIC RESPONSES. AND JUST THE FYI COMMISSIONER DEAN HAS JOINED, UH, DURING THE START OF THIS AT 4:03 PM ALRIGHT, DO WE HAVE ANY, UH, QUESTIONS FOR, IS THAT, IS THAT THE CONCLUSION OF THE PRESENTATION? THE NEIGHBORHOOD ASSOCIATION LETTER WILL BE AT THE END, BUT THEN YES, THAT CONCLUDES STAFF PRESENTATION. ALRIGHT, ANY, ANY QUESTIONS FOR ? UH, CRUZ? SORRY, CAN YOU GO BACK TWO OR THREE RESPONSES SO I CAN READ 'EM RIGHT THERE? THANK YOU. OKAY. THANK YOU. THANK YOU. ANY MOTION FOR HEARING THE HI, MY NAME'S ASHLEY. I'M WITH NICK ABBEY HOMES. WE'RE AT 9 22 ISO ROAD STOP. OOPS, SORRY. UH, ASHLEY ASHLEY MASH WITH, UH, NICK ABBEY HOMES. UH, WE'RE THE BUILDER FOR THE SITE AT, UH, 9 22 ISIM ROAD. YES, I'M THE OWNER OF NICK ABBEY. UH, WE HAVE BEEN BUILDING FOR 21 YEARS, UM, CUSTOM HOMES. WE BUILD THREE TO FIVE A YEAR. WE'RE VERY SELECTIVE IN THE AREAS THAT WE BUILD AND THE PROJECTS WE DEVELOP. UH, WE, UM, PURCHASE THIS PROPERTY TO BUILD, UM, VERY HIGH, HIGH-END, UH, HOMES WITH THAT ARE WITH, UH, MASTER BEDROOMS, UH, DOWNSTAIRS, PRIMARY BEDROOMS DOWNSTAIRS AND, UM, AND LIMIT IN A SMALLER YARD. THAT'S WAS THE DEMAND THAT WE ARE GETTING FROM THE MARKET. UM, SO WE DEVELOPED, WE PLOTTED IT INTO THE SEVEN LOTS. WE COULD HAVE PUT NINE UM, HOMES ON THIS, BUT WE DID, WE'RE GONNA DO SEVEN. UH, WE HAVE DEVELOPED A BEAUTIFUL CONDO PROJECT THAT WAS COMPLETED IN 2007 AND SOLD IMMEDIATELY AND IS A, A NICE ASSET TO THE NEIGHBORHOOD AND THE STREETSCAPE. UH, WE INCLUDED SOME PICTURES OF THE, THE HOMES THAT WE HAVE DESIGNED AND ARE PROPOSING AND WE APPRECIATE YOU REVIEWING THIS. UM, VARIANCE. I DIDN'T GET YOUR NAME. OH, LISA NICHOLS. LISA NICHOLS, YEAH. UM, SO AS LISA MENTIONED, UH, THIS WAS PREVIOUSLY, UH, REPLANTED INTO SEVEN INDIVIDUAL LOTS. UM, WE WENT BACK AND FORTH WITH OUR CIVIL ENGINEER AND ARCHITECT TO KIND OF DEVELOP THE BEST LAYOUT AND, UH, CAPACITY FOR THIS SITE. AND SEVEN WAS THE NUMBER THAT FIT WELL AND ALSO ALLOWED FOR, UM, THE BEST DEVELOPMENT FOR, UM, LIKE, UH, FIRE TRUCKS TO COME INTO THE SITE. UM, DO YOU MIND YEAH, THAT ONE. UM, SO THIS IS AN OVERALL SITE PLAN THAT SHOWS THE LAYOUT. UM, SO THE VARIANCE REQUEST IS FOR THE FIRST FOUR LOTS. UM, THIS IS OUR FIVE ZONING. SO, UM, THE SIDE SETBACK [02:55:01] REQUIREMENTS ON R FIVE ZONING IS FIVE FEET. BUT BECAUSE OUR FIRST FOUR HOUSES HAVE BEEN ROTATED TO FACE LIKE A CENTRAL, UM, ROAD INTO IT, IT HAS, UH, BEEN INDICATED THAT THOSE FRONT FOUR HOUSES WOULD NEED THE 20 FOOT SETBACK SINCE IT'S TECHNICALLY THE REAR OF THE HOUSE NOW. UM, SO BECAUSE THIS IS OUR FIVE ZONING AND THE SIDE SETBACKS ON THE EAST AND WEST PROPERTY ARE FIVE FEET, WE'RE JUST REQUESTING THAT THE FRONT FOUR PROPERTIES REMAIN FIVE FEET, UM, WHICH IS HIGHLIGHTED IN THE ORANGE AREA. UH, EVEN THOUGH THE FRONT FOUR HOUSES ARE TECHNICALLY 10 FEET OFF, IT'S JUST TO CREATE MORE, UH, YARD SPACE FOR THE REAR OF THESE HOUSES. WE JUST, WE'RE NOT, YOU KNOW, WE DIDN'T CHANGE ANY ZONING, WE'RE JUST TRYING TO KEEP IT CONCURRENT WITH, WITH THE CURRENT ZONING OF THE FIVE FEET. UM, WE DID, UH, MAIL OUT, UH, LETTERS OF OUR OWN TO ALL THE NEIGHBORS WITHIN 200 FEET. WE HAD AN OPEN HOUSE LAST WEEK AS WELL TO OFFER, UM, TO TIME FOR NEIGHBORS TO COME. WE RECEIVED A COUPLE OF EMAILS AND PHONE CALLS AND HAVE BEEN IN CONTACT WITH SOME OF THE NEIGHBORS. AND WE ALSO, UM, HAVE AN APPROVAL LETTER AS BRONTE MENTIONED FROM THE NEIGHBORHOOD ASSOCIATION. UM, SOME OF THE CONCERNS, UM, BEING LIKE THE WINDOWS ON THE REAR OF THE HOUSES, WE'VE ALREADY TALKED WITH THE NEIGHBORS THAT WE COULD RELOCATE THEM OR RAISE THEM UP ABOVE EYE LEVEL, JUST, UM, TO KIND OF MITIGATE THEIR CONCERNS. SO ASK IF WE HAVE ANY QUESTIONS, UH, FOR THE APPLICANT. ORIAN ORIAN TO MS. CRUZ. OKAY. SO, UM, YOU'VE GOT, YOU'VE GOT THESE SEVEN LOTS, BUT WHERE'S THE STREET? I MEAN, I, I SEE YOU HAVE A ROAD, SO, BUT DID YOU PLOT THESE? IS THERE, DO YOU HAVE A PRIVATE OR A PUBLIC STREET GOING IN HERE? IT'S A SHARED DRIVEWAY. IT'S NOT AN ACTUAL STREET. SO YOU, OH, SO YOU'RE USING FLAG LOTS TO GET, 'CAUSE I'M, I'M LOOKING AT THE, THE STAFF EXHIBIT AND IT SHOWS YOUR SEVEN LOTS, BUT IT DOESN'T SHOW HOW THE LOTS, THE THREE IN THE BACK, WHERE'S THEIR FRONTAGE? SO THE SHARED DRIVEWAY THAT COMES IN AS THE T, WHICH, UM, IT ACCESSES ALL SEVEN LOTS. UH, THAT'S HOW YOU ACCESS, YOU COME IN OFF SUNSET ROAD INTO THE SHARED DRIVEWAY. NO, I, I, I SEE HOW YOU ACCESS IT, BUT HOW DID YOU GET THIS PLOTTED? DID YOU GET VARIANCES ALREADY FOR THAT? IT'S AN EXHIBIT. UH, MR I MEAN, IS THIS ID, IS IS IT R FIVE OR IS IT SOMETHING ELSE? WHAT IS THIS? I'M TRYING TO FIGURE OUT LIKE HOW OUR, HOW DID THIS GET PLOTTED WITH AN R FIVE ZONING? HI, THIS IS SAL FLOTIS. I'M THE, UH, ENGINEER THAT WITH ENGINEERING THAT CREATED THIS. SO IN THE, INITIALLY WHEN WE WORKED WITH THE CITY AND WE WERE, UH, LOOKING AT THE CONCEPT, PUTTING THE SEVEN LOTS IN, UH, WE DISCUSSED WITH THE CITY OF DOING A SHARED ACCESS THROUGH AN IRREVOCABLE INGRESS, EGRESS EASEMENT. AND THAT'S WHAT THE CITY, UH, STREET AND, AND, UH, PLANE DEPARTMENT ALLOWED US TO DO. SO THE LOT LINES ACTUALLY ARE THE CENTER OF THE SHARED DRIVEWAY. SO IT'S NOT REALLY A PUBLIC STREET, NOR PRIVATE STREET IS MORE CLASSIFIED AS A SHARED DRIVEWAY. YEAH, THAT'S, YES. SO, SO THIS IS THE RECORDED PLATT, AND IT SHOWS THE, UH, RECORDED INGRES EGRESS IN THERE KIND OF DEFINING THE, UH, LIMITS OF THE SHARED DRIVEWAY. CAN YOU MAKE IT BIGGER? WE'RE NOT SEEING, WE ARE NOT SEEING THE SHARED STREETS OR THE INGRESS EGRESS THAT YOU'RE TALKING ABOUT. IT'S ON THE EXHIBIT, UH, HERE. YEAH, THAT'S, THAT PLOT DOESN'T SHOW ANY ACCESS TO THOSE LOTS AT ALL. AND ZOOM IN THERE. YOU CAN. AND MANNA. SO, SO FOLLOW UP. SO, SO IS THERE FOR A PLOT OR PLOTTED PROPERTY, ISN'T THERE A REQUIREMENT FOR FRONTAGE, UM, YOU KNOW, FOR EVERY SINGLE PIECE OF PROPERTY? THAT'S A QUESTION FOR STAFF. YEAH, THAT'S A QUESTION FOR STAFF. SO, SO DOESN'T THE WHOLE DEFINITION OF A PLATTED PROPERTY REQUIRE, UH, FRONTAGE ON A MAJOR OR ROAD? IT, IT DOES REQUIRE, UM, ACCESS TO THE PROPERTIES. AND SO WE'RE TRYING TO LOOK AT THIS PLAT TO SEE IT. IT IS IN THERE, IT'S A 36, 36 FOOT IRREVOCABLE INGRESS, EGRESS EASEMENT FOR GAS, TELEPHONE, CABLE, PRIVATE WATER, PRIVATE SANITARY SEWER. THERE'S ALSO A 41 FOOT IRREVOCABLE INGRESS, EGRESS EASEMENT AS WELL. AND THEY'RE BOTH IDENTIFIED AS NUMBER ONE AND NUMBER TWO ON THE PLOT, YOU'RE GONNA HAVE TO ZOOM IN. SO THIS IS THIS NUMBER ONE RIGHT HERE. IF YOU LOOK ON THE NUMBER ONE HERE, IT'S THE, UH, OKAY. CAN SOMEBODY TELL ME WHAT THE VOLUME AND PAGE IS OF THAT PIECE OF PAPER THAT YOU HAVE ON THAT PAGE? I HEARD YOU AND I'M LOOKING, UM, IT IS, UM, VOLUME IS 2 0 0 2, PAGE 2385. AND THIS WAS, UM, RECORDED IN 2022. YEAH, [03:00:01] I'M PULLING IT UP AND, AND I WILL SAY, UM, THE VARIANCE HERE WOULD, UM, BE CONSIDERED, BUT IF THERE IS AN ACCESS ISSUE THAT WOULD BE CAUGHT AND STILL HAVE TO BE RESOLVED. I MEAN, I, MY CONCERN IS IT'S ONE THING TO HAVE ONE VARIANCE, BUT, BUT WHEN YOU'RE R FIVE WITHOUT LIKE AN R-D-Z-I-D-Z OVERLAY, YOU CAN'T USE A REVOCABLE INGRESS EGRESS ON A NEW PLA TO GET TO LOTS. AND IT JUST, I'M JUST TRYING TO FIGURE OUT LIKE HOW MANY VARIANCES DID THIS THING GET HAVE ALREADY IN PLACE, . SO WHEN WE SAT WITH THE, SO WHEN WE SAT WITH THE CITY, WE DID TWO THINGS. WE DID A PRE-DEVELOPMENT MEETING, UH, AND THAT'S WHAT THEY SAID TO GO WITH. AND THE STREET AND TRAFFIC DEPARTMENT APPROVE THIS PLATT, ALLOWING THOSE SEVEN LOTS DO USE A SHAREABLE ACCESS WITH THIS LANGUAGE AS A LEGAL WAY TO HAVE RIGHT AWAY. BUT ON A NEW PLAT IS OKAY, THAT'S A PLATTING ISSUE. YOU KNOW, I, I DON'T THINK THIS SHOULD HAVE EVER BEEN RECORDED. I DON'T SEE HOW THIS IS LEGAL IN ANY WAY, BUT, OKAY, LET'S MOVE ON FROM THAT. UM, WHAT ABOUT, YOU KNOW, WE HEAR TESTIMONY THAT BECAUSE THE LOTS ARE NOW FACING THIS INTERNAL NON-LEGAL ROAD THING, THAT YOU DON'T HAVE THAT, THAT'S WHERE THE FIVE FOOT COMES FROM, BUT THEN YOU'RE NOT PROVIDING THE 20 FOOT ANYWHERE EITHER. AND ALSO IF, IF THIS ROAD THING WASN'T HERE, YOU COULDN'T EVEN PUT SEVEN LOTS 'CAUSE YOU DON'T HAVE ENOUGH AREA. AND SO, YOU KNOW, IF YOU DID A LEGAL ROAD AND A LEGAL T YOU COULDN'T EVEN HAVE SEVEN LOTS ON A LITTLE, LITTLE, I'M, I'M JUST A LITTLE CONCERNED ABOUT ALL THESE SETBACK VARIANCES FOR THESE THINGS. IF IT, IF, IF IT DIDN'T GO THROUGH THE PROCESS CORRECTLY. AND THAT'S WHY WE WENT TO THE PRE-DEVELOPMENT MEETING WITH THE CITY BECAUSE WE WANTED TO FIGURE OUT, YOU KNOW, UH, THE DENSITY, WE WERE CONCERNED ABOUT THE DENSITY. SO THE CITY SAID WE CAN OPT TO GO THROUGH AND UTILIZE THIS, THIS, UH, IRREVOCABLE EASEMENT. SO THAT'S THE PROCESS THEY REVIEWED. THAT'S THE PROCESS THEY TOLD US INITIALLY. AND THAT'S THE PROCESS WE WENT THROUGH. AND IT'S APPROVED. SO THE PLAS APPROVED, RECORDED THE TRACKS IN THE BACK, STILL HAVE THE FIVE FOOT SETBACKS, THE 20 FOOT IN THE REAR, AND THE FIVE FOOT. SO THAT WE'RE NOT TALKING ABOUT THESE UH, LOTS HERE. WE'RE SPECIFICALLY TALKING ABOUT THESE AS THE CITY'S DEFINING THE ROTATION OF THE HOMES FACING THE SHARED DRIVEWAY. SO THAT'S WHERE TECHNICALLY THEY'RE SAYING THIS IS NOW THE REAR, BECAUSE PREVIOUSLY WHEN THIS WAS ALL ONE PROPERTY, THIS WHOLE THING WAS FIVE FOOT ALL, ALL, ALL THE WAY THROUGH. AND SO NOW WITH THE REORIENTATION OF THE LOTS, UH, THE CITY IS SAYING, WELL, YOU KNOW, WE CAN CONSIDER THIS THE, UH, THE, THE FRONTAGE I GUESS IF YOU WANNA CALL IT THAT. AND SO NOW THIS IS WHERE THE ISSUE IS, IS THE BACK, UH, BEING 20 FEET, WE'D LIKE TO TAKE IT DOWN TO FIVE IF POSSIBLE, AS THE, THE BUILDINGS WILL ACTUALLY SIT, UH, 10 FEET AWAY FROM IT. OKAY. SO, ALRIGHT, CAPTAIN, I, I MEAN, GO AHEAD. I'VE GOT A QUESTION TOO. OKAY. ON YOUR SHARED DRIVEWAY THERE, IT LOOKS LIKE YOU'RE, IT SAYS 10 FOOT, AND IT'S REALLY HARD FOR ME TO READ THIS, BUT IT LOOKS LIKE YOU'RE, LIKE, YOUR DRIVEWAY IS BEING CONSIDERED A FRONT YARD FOR THOSE FOUR, UM, UH, UNITS THAT FACE THIS DRIVEWAY. SO YOU'RE BASICALLY SAYING YOU'VE GOT A SHARED DRIVEWAY, BUT HALF OF THAT DRIVEWAY COUNTS AS YOUR FRONT YARD, YOUR 10 FOOT FRONT YARD. CORRECT. QUESTION, COULD YOU ACCOMPLISH THE SAME LAYOUT USING LIKE A FREEHOLD CONDOMINIUM WHERE EACH OF THE UNITS WOULD BE KIND OF SOLD WITH THE COMMON INTEREST AND ALL THE ACCESS AND, OR DOES THAT, WOULD THAT THEN FLIP THE ISSUE ON FRONTAGE AND WHAT HAVE YOU? WELL, RIGHT NOW, BECAUSE IT'S A RECORDED, UH, PLAT WHERE WE'RE KIND OF STUCK WITH THE, YEAH, WE'RE PAST ALL OF THAT. THIS IS JUST A VARIANCE ON THE SETBACK. OKAY. ANY OTHER QUESTIONS FOR THE APPLICANT HERE? AND PART IN KEEPING WITH THAT IS JUST LOOKING AT THE NEIGHBORHOOD AND LIKE WHAT PEOPLE WANT, YOU KNOW, UM, GARDEN HOMES ARE JUST KIND OF IN THE MARKET AND MORE DESIRABLE THAN LIKE A MORE DENSE ATTACHED TYPE CONDO STYLE HOUSE AS WELL. SO. GOT IT. THERE, THERE IS A PROJECT ACROSS THE STREET THAT IS VERY SIMILAR, THAT'S BEEN VERY SUCCESSFUL, THAT HAS MORE THAN, UH, THEY PROBABLY HAVE I GUESS 12 OR 15, UM, THAT, UH, LOOK BEAUTIFUL AND, AND ARE DIRECTLY ACROSS. UM, AND THEN LIKE I DID DO CONDOS ON THE, ON THE CORNER. UM, SO THERE ARE SEVERAL DEVELOPMENTS. THERE'S ONE DOWN THE STREET THAT'S BEING BUILT. THAT'S ALL THREE STORY AND VERY HIGH DENSITY. UM, THEY'RE SELLING, THEY'RE MUCH BIGGER THAN THESE. UM, ONE OF THE THINGS THAT WE DID, UH, WE, YOU KNOW, WE LIKE TO HAVE THE PRIMARY, UH, BEDROOM DOWN. MOST PEOPLE RIGHT NOW ARE IN THIS MARKET ARE WANTING THEIR PRIMARY BEDROOM DOWN. SO THE SECOND FLOOR IS VERY MINIMAL. IT'S TWO BEDROOMS, TWO BATHS. AND UM, SO THAT WOULD REDUCE [03:05:01] THE AMOUNT OF, YOU KNOW, IF YOU WERE NEXT DOOR, THE, YOU'VE GOT A SIX FOOT FENCE, YOU REALLY, IT WOULD REDUCE THE AMOUNT OF SECOND FLOOR. IF WE WERE REQUIRED TO GO TO THE 20, WE WOULD GO BACK AND REQUEST, YOU KNOW, WE WOULD GO BACK AND REDESIGN AND YOU'D HAVE A SIGNIFICANT MORE SECOND FLOOR TAKE THE MASTER UP. UM, THE DENSITY WOULD SEEM HIGHER. SO WE FELT LIKE THIS DESIGN, UH, WITH THE, UM, FOR, WITH THE LITTLE MORE LIMITED SECOND FLOOR WOULD BE, UH, THE FEEL, UH, WITH OUR NEIGHBORS. UM, SO THAT'S THE UNDERSTOOD. ALRIGHT. ANY, ANY OTHER QUESTIONS FOR THE APPLICANT HERE? ALRIGHT, THANK YOU. UH, THIS TIME I'D ASK, UH, STAFF IF WE HAVE ANY VOICEMAIL OR PUBLIC COMMENTS TO BE READ IN. UH, WE HAVE TWO VOICEMAILS AND THREE SPEAKERS. YOU CAN PLAY THE VOICEMAIL FIRST. HELLO. YES, THIS IS DR. GABRIEL BEATZ, B-I-E-T-Z. I LIVE AT NUMBER SIX SUNSET COURT, SAN ANTONIO, TEXAS SEVEN EIGHT TWO ZERO NINE. UH, MY PHONE NUMBER IS (360) 486-4498. THIS IS IN REGARDS TO CASE NUMBER BO A DASH TWO THREE DASH 1 0 3 0 3 3 2. THAT LAST THREE DIGITS IS 3 3 2. I AM OPPOSED OR IN OPPOSITION TO THIS CHANGE AS IT WOULD SEVERELY IMPACT THE VALUE OF MY HOME. IT WILL ALSO RESULT IN A LARGE HOUSE BLOCKING OUR CURRENT VIEW AND OUR FENCE LINE. IT WOULD ALSO RESULT IN A HOUSE BEING BUILT CLOSER TO THE LOT LINE THAN IS CURRENTLY ALLOCATED. WE ARE IN OPPOSITION FOR THIS AND DO NOT AGREE WITH IT. IF YOU COULD PLEASE CALL US BACK AT (360) 486-4498, I WOULD BE HAPPY TO SHARE FURTHER COMMENTS. THANK YOU SO MUCH AND HAVE A NICE DAY. YES, GOOD AFTERNOON. MY NAME IS LYDIA RODRIGUEZ. I LIVE AT SEVEN SUNSET COURT, SAN ANTONIO, TEXAS SEVEN EIGHT TWO OH NINE. MY PHONE NUMBER IS (210) 240-0405. I'M CALLING TO OPPOSE THE REZONING OF 3 28 EAST SUNSET ROAD, SAN ANTONIO, TEXAS 7 8 2 0 9. CASE NUMBER 3, 3 2, I BELIEVE THE REZONING INFRINGES ON ALL ADJACENT PROPERTIES. AND THE PROPOSAL ALSO HAS TOO MANY HOUSES ON THE LOT. THE PROPOSED REZONING LEAVES LITTLE TO NO PRIVACY FOR THE NEIGHBORS. THANK YOU. UM, SO WE HAVE, FIRST SPEAKER IS MANUEL VILLA. UH, NEXT ONE IS KIM G. GOOD AFTERNOON COMMISSIONERS. THANK YOU FOR YOUR SERVICE. I'VE BEEN AN, I'VE, UH, I'VE BEEN A PROPERTY OWNER AT TWO SUNSET COURT, WHICH IS WEST OF THE, COULD GET YOUR NAME FOR THE RECORD PLEASE. OH, I'M SORRY. MY NAME IS KIM GZ AND I'VE BEEN A PROPERTY OWNER, UM, FOR 20 YEARS AT MY HOME. AND, UM, I'M A BIG FAN OF NICK ABBEY. UM, BUT I'M DISAPPOINTED WITH WHAT SHE'S PROPOSING AND HOW IT, UH, TAKES AWAY ANY GREEN SPACE BEHIND OUR FENCE LINE. AND, UM, I I THINK SHE CAN DO SO MUCH BETTER THAN, THAN WHAT'S PROPOSED, UM, BECAUSE IT THREATENS THE INTEGRITY OF OUR NEIGHBORHOOD, UH, THE QUALITY, THE GREEN SPACE, THE TREES. SHE'S GONNA HAVE TO TAKE DOWN MANY TREES, UM, TO DO THIS DEVELOPMENT. AND WE, EVERYONE I'M REPRESENTING, UH, THE, UH, CUL-DE-SAC AT, UH, SUNSET COURT, WHICH IS COMPRISED OF SIX HOMES LOST OF MIKE, AND WE THINK SHE CAN DO MUCH BETTER. THANK YOU, ED. MS. YOU HAVE ANY QUESTIONS? MS? SO, SO, UH, YOU KNOW, JUST GOOGLE DRIVING AROUND THAT COMMUNITY AND I SEE LIKE TWO OTHER, WE'LL, WE WILL SAY THESE INLAID COMMUNITIES KIND OF ON THESE LOTS THERE. AND SO ONE'S ON UH, UH, I GUESS ENO LADO BUENO, SO WHICH IS THE NEXT ONE, RIGHT? YES, YES. SO, SO, UM, SO HOW IS THAT ONE DIFFERENT THAN WHAT IT IS THAT'S BEING PROPOSED RIGHT NOW, DO YOU THINK FROM, [03:10:01] FROM YOUR PERSPECTIVE? WELL, NUMBER ONE, THERE'S ONLY, I BELIEVE FOUR OR FIVE HOMES ON, ON THAT HALF OF A CUL-DE-SAC. UM, SO YOU DON'T HAVE THE DENSITY. AND THEN, UH, ACROSS THE STREET FROM THAT THERE'S AN, IT LOOKS LIKE ANOTHER COMMUNITY COMING IN THAT'S, THAT'S UNDER CONSTRUCTION. RIGHT. SO, AND, AND DO YOU KNOW ANYTHING ABOUT ANY DETAILS ABOUT THAT ONE, HOW THAT ONE'S BEING DESIGNED? IS IT SIMILAR TO THIS ONE OR IS IT SIM MORE SIMILAR TO THE, THE, SO THEY ARE ONLY DOING SIX HOMES ON THAT ONE AS WELL. I THINK WHAT MY CUL-DE-SAC IS REJECTING IS WHY, WHY ARE WE DOING SUCH HIGH DENSITY IN SUCH A SMALL LOT? SO, OKAY. THANK YOU. THANK YOU VERY MUCH FOR YOUR CONSIDERATION AND CARE. THANK YOU. ANY OTHER QUESTIONS FOR ALRIGHT, UM, LAST SPEAKER IS KATHY SOSA. HI, I'M KATHY SOSA AND UH, I RESIDE AT 1 26 LAVACCA STREET. I OWN THIS PROPERTY AT 3 38 EAST SUNSET. SO I'M ON THE EAST SIDE OF THE PROPOSED VARIANCE. UM, I DUNNO IF YOU CAN SHOW MY HOUSE. SO JUST WHEN YOU TALK ABOUT CHARACTER OF THE NEIGHBORHOOD, CHARACTER OF THIS NEIGHBORHOOD IS CHANGING PRETTY FAST AND PRETTY DRASTICALLY. THAT'S MY HOUSE AND I LIVE ON THE EAST SIDE OF, WHEN I BOUGHT THIS HOUSE, THERE WAS ONE HOUSE IN THAT LOT THAT NOT LOT NEXT DOOR ONE. AND THEY JUST HAD A REALLY NICE BIG FRONT AND BACK AND SIDE YARDS. UM, MY HOUSE IS COMING ON 70 YEARS OLD. YOU, YOU KNOW, THIS IS NOT A DESIGNATED HISTORIC DISTRICT, BUT IF IT WAS MY HOUSE WOULD BE SIGNIFICANT BECAUSE IT WAS THE MODEL HOME FOR THE ORIGINAL NEIGHBORHOOD. SO IT'S, UM, IT, IT HAS GREAT MEANING, UH, MAYBE NOT TO THE WHOLE COMMUNITY BUT BUT CERTAINLY TO US. UM, SO WE GOT THE NOTICE ABOUT, UM, ABOUT WHAT WAS BEING PROPOSED AND THE CHANGE OF THE SETBACK FROM, FROM 20 TO FIVE FEET ON THE REAR SIDE OF THESE UNITS. AND, UM, WE DID GET INVITED TO THE OPEN HOUSE BUT WE COULDN'T GO. IT WAS WASN'T THAT FAR IN ADVANCE THE NOTICE. AND WE ALREADY HAD A COMMITMENT AND SO WE LET THE COMPANY KNOW THAT WE DID ALREADY HAVE A COMMITMENT AND WE COULDN'T GO, BUT THAT WE HAD REAL CONCERNS ABOUT SOME THINGS THAT WE FELT FROM OUR EXPERIENCE WE'RE PROBABLY GONNA HAPPEN. NUMBER ONE, UH, DUST. SO MY HOUSE WAS BUILT IN SEVEN 70 YEARS AGO AND IT HAS 70-YEAR-OLD WINDOWS THAT BELONG IN A 70-YEAR-OLD COTTAGE. IT WAS NOT BUILT TO BE AIRTIGHT, IT WAS BUILT TO BREATHE AND IT'S GOING TO BREATHE IN A LOT OF DUST IF, UH, ALL OF THIS HAPPENS RIGHT NEXT DOOR. SO, UM, I ASKED FOR, UH, TO MAKE AN AGREEMENT THAT THE COMPANY WOULD USE, YOU KNOW, VERIFIED DUST MITIGATION. THERE'S WAYS TO DO THAT. UM, ALSO ASK THEM, UH, UH, TO LET US KNOW WHAT THE DESIGN FOR THE FENCE WAS GONNA BE IN BETWEEN. AND TO ALSO DISCUSS WITH US THE DETAILS OF THE WATER RUNOFF THAT WAS GONNA HAPPEN BECAUSE RIGHT NOW IT'S A BIG GREEN LOT. WE, WE DO NOT GET FLOODED. WE DO NOT SEE WATER, UM, WHEN IT RAINS A LOT. AND WE'RE REALLY WORRIED ABOUT ALL THAT CONCRETE AND ALL THOSE ROOFTOPS AND WHAT'S GONNA HAPPEN WITHOUT WATER AND HOW SOGGY WE MIGHT GET, UM, IN TIMES OF BIG RAINS OR EVEN REGULAR RAINS. UM, WE ALSO, CONSIDERING THAT, CONSIDERING THE NEGATIVE IMPACT THAT IS, I HATE TO SAY THIS, BUT I'M, I'M TIME WE, WE ASKED FOR THEM TO EITHER PUT, UM, UPFRONT MITIGATION GRANTS OR ESTABLISH A MITIGATION FUND TO HELP THE ADJACENT PROPERTY OWNERS AGAINST THE NEGATIVE IMPACTS THAT WERE PROBABLE. THANK YOU. LET'S SEE IF WE HAVE ANY QUESTIONS. CRUZ, MS. CRUZ. UM, MA'AM, YES, I, I UNDERSTAND YOUR OBJECTIONS NOW, IF THEY WOULD CONSIDER BUILDING LESS HOMES IN THERE INSTEAD OF THE SEVEN, SAY MAYBE FIVE OR EVEN JUST THE FOUR, WOULD YOU, WOULD THAT BE A CONSIDERATION YOU ALL WOULD ABOUT? WELL, IF THEY BUILT FIVE OR FOUR, THEY WOULDN'T HAVE TO ASK ME BECAUSE THEY WOULD LIVE WITHIN THE RULES AS THEY ARE SET NOW FOR THE 20 FOOT VARIANT. SO, UM, I WOULDN'T GET A VOTE IN THAT , I DON'T THINK, YOU KNOW, IF THEY ALREADY GET, IF THEY GET TO DO THAT. UM, SO WHAT WAS THE OTHER PART OF YOUR QUESTION? [03:15:01] WOULD, WOULD, WOULD IT BE, UH, A BETTER ARRANGEMENT? IN OTHER WORDS IF THEY, INSTEAD OF BUILDING THE SEVEN THEY WANNA BILL IF THEY GO DOWN TO JUST BUILDING FOUR? WELL, I THINK, I, I THINK FEWER WOULD BE BETTER BECAUSE IT WOULD ALLOW FOR THE SETBACKS AS, AS IN, AS A STEP BACK INTENDED. RIGHT? SO, UM, WELL, BUT THAT WOULD HELP WITH THE SET SETBACKS. WELL, THE SETBACKS WOULD BE A WHOLE DIFFERENT DISCUSSION THAN THE NUMBER OF, WHAT WOULD ACTUALLY MAKE ME FEEL BETTER IS IF I, IF AS I SEE AND UNDERSTOOD THE RUNOFF, HOW THEY WERE GONNA HANDLE THE WATER. IF I, IF I, IF I HAD AN AGREEMENT WITH THEM THAT HAD SOME KIND OF LEGAL RECOURSE ABOUT THE DUST AND THE WATER AND THE OTHER THING. YEAH. 'CAUSE WE'RE GONNA HAVE AN INVASION OF RODENTS AND WILDLIFE WHEN THEY START BUILDING IN THERE. AND I KNOW FROM EXPERIENCE ON THAT TOO, THAT THAT CAN CAUSE YOU A LOT OF DAMAGE. OUR HOUSE IS APPEARING BEAM AND SO, YOU KNOW, UM, ANIMALS CAN GET UNDER THERE AND IF WATER GETS UNDER THERE, THAT HOUSE IS GONNA MOVE, IT'S GONNA CRACK AND IT'S A PRECIOUS LITTLE OLD HOUSE AND WE MIGHT NEED HELP WITH IT. AND I'D LIKE THE COMPANIES, THE COMPANY TO UM, ACKNOWLEDGE THAT AND MAKE AN AGREEMENT WITH THE NEIGHBORS. I TALKED TO MY NEIGHBOR IN SUNSET COURT, GABRIEL BEATS EARLIER TODAY, AND HE SAID THAT EVERYBODY ON THAT SIDE HAD OPPOSED AND HE WAS SHOCKED THAT STAFF, EXCUSE ME, STAFF HAD RECOMMENDED APPROVAL WHEN ALL OF THE ADJACENT NEIGHBORS HAD SAID NO. SO, YOU KNOW, WE DON'T ALWAYS UNDERSTAND THE PROCESSES THAT AFFECT US. HE REALLY THOUGHT THAT SINCE THERE WERE SO MANY NOS AMONG THE ADJACENT NEIGHBORS THAT, UM, IT, IT WOULDN'T JUST SAIL THROUGH. THANK YOU. THANK YOU. ANY OTHER QUESTIONS FOR OKAY, UM, DO WE HAVE ANYBODY ELSE SIGNED UP TO SPEAK EITHER VOICEMAILS OR SIGNING FOR PUBLIC COMMENT? THAT'S ALL THE PUBLIC COMMENTS. ALRIGHT. AT THIS TIME I'D ASK THE APPLICANT TO PLEASE COME FORWARD. UH, YOU'VE HEARD THE COMMENTS FROM YOUR NEIGHBORS AND WOULD YOU LIKE TO PROVIDE ANY FINAL REBUTTAL BEFORE WE CLOSE THE PUBLIC PORTION? UM, JUST AS I, WE MENTIONED BEFORE, UM, JUST IN LOOKING AT THE SIZE AND SHAPE OF THE PROPERTY, UM, WORKING WITH OUR ENGINEERS AND KIND OF THE FACT THAT, YOU KNOW, THIS IS WHERE WE BUILD, WE BUILD IN ALMA HEIGHTS, TERRELL HILLS ALMOST PARK IN THE SURROUNDING AREA. UM, KNOWING THE SIZES OF HOUSES AND THE TYPE OF HOUSES THAT, YOU KNOW, WE HAVE A LOT OF INTEREST IN THESE UNITS ALREADY, UM, JUST WITH, UH, THE RENDERINGS AND THE SIZES AND A LOT OF PEOPLE THAT WANNA DOWNSIZE. UM, SEVEN LOTS. JUST IT MADE SENSE, UH, FOR THIS AREA. AND AGAIN, JUST WORKING, UH, CONTINUOUSLY ON THE LAYOUTS OF THESE, UH, ORIENTING THE FRONT ONES FORWARD, UH, WAS THE MOST SENSE AND WORKED WITH LIKE THE FIRE DEPARTMENT AND EVERYTHING IN THE CITY. UM, SO THAT'S AGAIN, JUST WHY WE'RE REQUESTING FOR THE FRONT FOUR LOTS. UH, HAVE THAT, THAT VARIANCE REQUEST. SO WHAT, SO WHAT, JUST THINKING OUT LOUD, WE SAW THE OPPOSITION FROM SUNSET CORE, YOU SAW THE OPPOSITION FROM YOUR NEIGHBOR. WOULD IT BE BENEFICIAL TO HIT THE PAUSE BUTTON AND HAVE A CHANCE TO MEET WITH YOUR NEIGHBORS AND TRY TO GET TO SOME YEAH. CONCURRENCE OR WHAT WERE Y'ALL ON? WE DID HAVE AN, AN OPEN HOUSE AND WE DID HAVE THE NEIGHBORS, SEVERAL OF THE NEIGHBORS OKAY. THAT HAD, THEY DID NOT GIVE US ANY OPPOSITION AT THAT TIME. WE, WE WORKED WITH THEM TO MOVE SOME OF THE WINDOWS. UM, THIS WAS NOT, WE WERE NOT KNOWN, WE DID NOT KNOW ABOUT THIS BEFORE THIS MEETING. YEAH, UNDERSTOOD. UH, WE TRIED TO MAKE SURE THAT WE HAD COVERED ALL OF OUR BASES. SO, UM, IF SO THE DENSITY COULD CITY BRING UP THE ONE-STOP MAP HERE, THE OVERHEAD VIEW OF THIS. 'CAUSE IT, IT DOES A REALLY GOOD JOB OF SHOWING THE, UM, THE, UM, NEARBY COMMUNITIES. UM, SO, SO NOT THIS MET THE ONE STOP ACTUALLY GO TO ONE STOP. AND SO, YOU KNOW, 'CAUSE TO ME THERE'S IS A SIGNIFICANT DIFFERENCE IN DENSITY, YOU KNOW, RELATIVE TO THE NEIGHBORING PROPERTIES. AND SO, SO IT'S KINDA ONE OF THE QUESTIONS BEING ASKED BY, BY THOSE IN OPPOSITION IS KIND OF THE DENSITY ABUTTING THE PROPERTY. AND SO, SO LOOK AT THE OTHER ONES. YEAH. WHAT ABOUT THE ONE ACROSS THE STREET? I MEAN, SO, SO CAN YOU BRING UP YEAH, THEY'RE WAITING FOR IT TO COME UP. AND THEN ON THE BACKSIDE IS A VERY LARGE, UH, CON TWO. THERE'S CONDOMINIUM, UH, OLDER APARTMENTS, CONDOMINIUMS ON THE BACKSIDE OF THE SITE. AND THEN ACROSS THE STREET THERE'S A PLAN UNIT DEVELOPMENT THAT'S HIGH DENSITY. UM, AND THERE'S SEVERAL OF THOSE ON THERE. SO IF YOU ZOOM IN JUST A LITTLE BIT HERE, IT'LL START TO BRING IN. SO A LITTLE BIT TOO FAR IN THERE. SO BACK OUT A LITTLE BIT PLEASE AND THEN SCOOT IT OVER. THERE WE GO. SO, OKAY, SO NOW WE SEE, SO THAT, SO I WAS ASKING HER EARLIER ABOUT, UH, UM, KNOW IF IT'S LATO 0.0 OR LA BUENO. UM, SO THAT STREET, WHICH LOOKS TO BE BIGGER THAN YOUR LOT, THAT ONLY HAS FIVE ALBUMS ON IT. AND THEN, UM, LOOKING AT THE LOT THAT'S LARGER THAN YOUR LOT ACROSS THE STREET FROM THAT AND, YOU KNOW, UM, LOOKS LIKE IT'S, [03:20:01] IT IS GONNA HAVE SIX, BUT IT'S, IT'S SIGNIFICANTLY LARGER. SO, SO IT LOOKS LIKE YOU'VE ADDED A BUNCH OF DENSITY HERE THAT YOU KNOW, ISN'T CONSISTENT ALONG THAT STREET. SO JUST, YOU KNOW, JUST TRYING TO ADDRESS THAT. UM, THE VARIANCE WAS NOT REQUESTED, WHICH WE REALLY WE'RE NOT DISCUSSING DENSITY HERE, RIGHT. WE'RE DISCUSSING THE VARIANCE. IT'S THE, UH, AND I'M OPEN TO SUGGESTIONS, BUT I, YOU KNOW, I CAME IN HERE WITH REQUESTING JUST THE IN LIGHT, IN LIGHT OF ALL THE COMMUNITY OPPOSITION. WE'RE HEARING, UH, MAY I SUGGEST THAT YOU RE RE UH, HAVE ANOTHER, UH, THAT WE POSTPONE THIS AND YOU TALK TO THE NEIGHBORS AND I CAN GET SOME APPROVAL, BUT I CAN GO BACK AND JUST NOT REQUEST ANY VARIANCE AND INCREASE THE, THE HIGH, YOU KNOW, TO SECOND TWO STORIES? WELL, SOMETIMES IT'S, IT'S TALKING TO THE NEIGHBORS AND OVERCOMING THEIR OBJECTIONS. YOU HEARD, UH, MRS. SOSA TALKING ABOUT WHAT HER OBJECTIONS WERE? I WANT TO, I WANT THE, HER REQUEST FOR, UM, HER LETTER WAS I SENT IT TO THE CITY. SHE REQUESTED A FEE FROM A PAYMENT FOR US TO PAY HER, I THINK IT WAS $32,000. IT WASN'T SHOWN AS A MITIGATION OR ANYTHING LIKE THAT. SO IT WAS ONE OF THOSE WHERE WE, WE RESPONDED THAT WE WERE GONNA, YOU KNOW, TAKE CARE OF, WE, WE BUILD IN HIGH DENSITY. THAT'S WHAT WE DO FOR 21 YEARS. SO WE'RE USED TO FENCING THE AREAS TO TRY TO KEEP DUST AND THINGS LIKE THAT, BUT IT WAS DIFFICULT FOR US TO RESPOND TO THAT. UM, YEAH, UNDERSTOOD. SO THE ARE OPTIONS HERE, SAY SOMETHING, LEMME STORY IN. YEAH, SO I JUST WANT TO MAKE SURE WE'RE ALL CLEAR ON THIS. SO THE, THE YES, YOU CAN USE A PLA IRREVOCABLE EASEMENT TO ACCESS PROPERTY, BUT THAT'S, THAT'S A GENERAL STATEMENT. ONLY THE IDZ ZONING ALLOWS YOU TO HAVE THAT SORT OF THING. AND SO WHEN I LOOK THIS UP ON BILL TO SAY THIS, PLATT APPARENTLY DID RECEIVE A VARIANCE TO GET THROUGH THE PLANNING COMMISSION. SO MY CONCERN IS THEY ALREADY HAVE A HIGHER DENSITY THAN WHAT THEY SHOULD HAVE DUE TO THAT USE OF THE IRREVOCABLE INGRESS. EGRESS EASEMENT. AND NOW THEY'RE ASKING US FOR AN ADDITIONAL ENCUMBRANCE TO THE NEIGHBORS. THIS THING SHOULD HAVE BEEN ZONE IDZ, THEN THEY WOULDN'T HAVE TO COME TO US AT ALL. AND YOU KNOW, THAT MIGHT BE THE MORE APPROPRIATE FORM TO GET THIS THING APPROVED. AND I JUST, I I JUST DON'T FEEL LIKE THE, THE DENSITY'S SO HIGH GIVING THEM DOWN TO FIVE FEET WHEN IT SHOULD BE 20. IT IS JUST TOO MUCH. AND I, I'D LIKE TO KNOW WHAT, WHAT COULD THEY LIVE WITH? DOES IT HAVE TO BE FIVE FEET? COULD YOU LIVE WITH 10? YES. WOULD BE, YOU LIVE WITH A 10 FOOT SET BACK, THE HOUSES ARE CURRENTLY AT 10. AND THAT WOULD BE SOME OF THE DIALOGUE. I THINK THAT WOULD BE HELPFUL FOR THE NEIGHBORS AS YOU PRESENT. 'CAUSE WE SAW ALL THAT OPPOSITION ON, ON THAT SIDE THAT IS MOST AFFECTED BY THE SETBACK. AND FOR THAT, I MEAN I WOULD SUGGEST, AND WE DON'T, YOU DON'T HAVE TO TAKE A SUGGEST A CONTINUANCE. SO MAYBE HAVE AN OPPORTUNITY. I THINK THAT'D BE HELPFUL FOR THE BOARD TO AT LEAST KNOW THAT YOU HAD THAT DISCUSSION. WE'LL COME BACK AND THEN RECONSIDER MAYBE IT'S A FIVE FOOT, MAYBE IT'S A 10 FOOT VARIANCE. IF, UH, WE GO BACK TO DOING, UH, IF WE, IF WE, UH, CAN DESIGN IT WITH A 20 FEET, THEN WE DON'T COME BACK. CORRECT. THAT BE CORRECT. OKAY. YES. ALRIGHT. CAN WE, UH, MOTION FOR A CONTINUANCE OR MOVED? I MEAN SECOND WE, WE NEED TO SET THE DATE TO WHEN? WELL, HOW THAT JANUARY 22ND OR FEBRUARY, I PROBABLY WON'T COME BACK FOR A VARIANCE. WELL, WE'LL GO AHEAD AND GIVE YOU THE OPPORTUNITY TO, I'M GONNA TRY TO WORK OUT, WORK IT WITHIN THE GUIDELINES OF THE WELL LET'S GO AHEAD AND SET THE VERY, AT LEAST IT'S A CONTINUANCE. THERE'S NO FEE FOR CONTINUANCE AT ALL. I YEAH. GIVES YOU THAT OPTION. OTHERWISE YOU DON'T HAVE THAT OPTION. MM-HMM, . SO NEXT ONE IS JANUARY 22ND OR FEBRUARY 5TH. OH, YOU'LL ASK UM, FEBRUARY 5TH. FEBRUARY 5TH WOULD BE GOOD. FEBRUARY 5TH. THAT WE CONTINUE THIS UNTIL FEBRUARY 5TH. SECOND. SECOND. WE JUST NEED A VOICE VOTE. ALL IN FAVOR SAY AYE. AYE. AYE. AYE. THE AYE HAVE IT. THE MOTION DOES PASS. THANK YOU. GOOD LUCK WITH THE PROJECT. THANK YOU. YES. NEXT CASE PLEASE. THAT'S CONTINUE. [03:25:01] YEAH, THAT ONE'S CONTINUED. OKAY. ITEM NUMBER 13, UH, BOA CASE 23 1 0 3 0 0 3 3 4. ADDRESS, 1 1 8 AND 1 2 2. STRATFORD COURT COUNCIL DISTRICT THREE, THE APPLICANT CARLA ALVARADO OR HOME OF EIGHT LLC. UM, THE REQUEST IS FOR A THREE FEET SPECIAL EXEMPTION FROM THE MAXIMUM THREE FEET FENCE HEIGHT, UM, AS DESCRIBED IN SECTION 3 5 5 1 14 TO ALLOW A SIX FOOT FRONT YARD PRIVACY FENCE. AND THE ZONING IS RESIDENTIAL SINGLE FAMILY. THE SUBJECT PROPERTIES ARE LOCATED ALONG STRATFORD COURT NEAR THE INTERSECTION OF SOUTH PREZA STREET AND EAST SOUTH CROSS BOULEVARD. IN THE HOT WELLS MISSION REACH NEIGHBORHOOD ASSOCIATION, THE APPLICANT IS REQUESTING A THREE FOOT SPECIAL EXEMPTION TO THE FRONT FENCE HEIGHT REQUIREMENTS TO ALLOW A SIX FEET FRONT YARD PRIVACY FENCE. THE PROPERTIES ARE NEW RESIDENTIAL DWELLINGS, HOWEVER THE FENCE WAS NOT BUILT WITHIN THE UNIFIED DEVELOPMENT CODE STANDARDS. HERE'S THE SITE PLAN AND THEN PICTURES OF THE SUBJECT PROPERTY AND SURROUNDING AREA. UH, AND THEN STAFF RECOMMENDATION ON THE FENCE. HIGH SPECIAL EXEMPTION STAFF RECOMMENDS DENIAL AND BO OA CASE 2 3 1 0 3 0 0 3 3 4 BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUEST WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS NO OTHER PROPERTIES IN THE IMMEDIATE AREA HAVE FENCES EXCEEDING THE REGULATIONS OF THE UNIFIED DEVELOPMENT CODE AND HEIGHTENED PRIVACY. AND THE REQUEST WILL INJURE THE APPROPRIATE USE OF THE SURROUNDING PROPERTIES. WE MAILED OUT 24 NOTICES RECEIVED ZERO IN FAVOR, ONE IN OPPOSITION. AND THE HOT WELLS MISSION REACHED NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION. THIS IS THE EMAIL FROM THE NEIGHBORHOOD ASSOCIATION AND THIS WAS ANOTHER IN OPPOSITION. AND THIS CONCLUDES STAFF PRESENTATION. ALRIGHT, LET'S SEE IF WE HAVE ANY QUESTIONS FOR STAFF. ALL RIGHT, HEARING NONE AT AS THE APPLICANT TO PLEASE COME FORWARD. HELLO, MY NAME IS MARIA CLARK. I'M HERE ON BEHALF OF CARLA BARDO. I'M THE, UH, MANAGER OF HOME EIGHT LLC. UM, I HAVE A PRESENTATION. THANK YOU. JUST QUICK FOR YOU TO SEE, UM, HOW THIS BEEN GOING. WE BUILT THESE HOUSES, THE TWO OF THEM. THEY'RE, UH, ONE SIDE BY THE OTHER. YOU KNOW, UM, LAST YEAR BEFORE WE BUILT THESE HOUSES, UH, WE DID OUR DUE DILIGENCE TO COME HERE, YOU KNOW, TO THE CITY BEFORE EVEN DOING THE, UM, THE ARCHITECTURAL PLANS. WE TALKED TO SONY EXPOSING ALL THIS, AND THEY TOLD US IT WAS OKAY FOR US TO HAVE AN EIGHT FEET FENCE. IF YOU SEE, WELL IF YOU CAN MOVE TO THE NEXT ONE. THESE ARE THE PROOF SEAL PLANTS BY THE CITY. I DON'T KNOW, IT'S TOO LITTLE, BUT YOU CAN SEE IT ON THE VERY FRONT. IT SAYS WE HAVE AN EIGHT FEET FENCE AND THIS IS FOR PRIVACY. WE BUILD UP TWO HOUSES AND WE WANT PRIVACY BETWEEN, YOU KNOW, BOTH OF THE NEIGHBORS FOR YOU NOT TO BE SEEING YOUR NEIGHBOR, YOUR NEIGHBOR AS A, AS, UM, PATIOS IN THE BACK. IT'S NOT BACKYARDS FRONT YARD, RIGHT? SO THIS IS THE PURPOSE OF WE DOING THIS. WE CAME TO THE CITY, THEY TOLD US IT WAS OKAY. AND NOT ONLY THAT, THEY APPROVED OUR PLANS WITH AN EIGHT FOOT FEET FENCE. CAN WE GO TO THE NEXT SLIDE PLEASE? THAT'S, WELL THE SAME ONE BECAUSE IT'S THE TWO HOUSES, RIGHT? ONE 18 AND 1 22 THERE. ONE NEXT TO EACH OTHER. THESE ARE AERIAL VIEWS. SO YOU CAN SEE HOW IT LOOKS RIGHT NOW. NEXT ONE PLEASE. NEXT ONE PLEASE. NEXT ONE PLEASE. FOR YOU TO HAVE AN IDEA HOW THE HOUSES [03:30:01] LOOK NOW, NOT ONLY THAT, IF WE CAN MOVE TO THE NEXT ONE. OH, THIS IS NOT THE LAST PRESENTATION I SENT, BUT YOU CAN CHECK ON YOUR RECORDS. WE, WHEN WE, UM, REQUESTED THE LAST INSPECTION, THE LAST BUILDING INSPECTION, WE EVEN GOT THE CERTIFICATE OF OCCUPATION FOR 1 22 STRATFORD. THEY TOLD US EVERYTHING WAS OKAY, WE GET THE CERTIFICATE OF OCCUPATION. WHEN I REQUEST THE FINAL BUILDING, UM, INSPECTION FOR ONE 18, THEY TELL ME THAT WE HAVE TO CUT THE FENCES. SO I DON'T KNOW HOW THE SAME CITY, YOU KNOW, CAN TELL ME IN ONE, OH YOU'RE PINE, HERE'S YOUR CERTIFICATE. AND THEN WHEN ERIC WAS THE NEXTDOOR ONE, THEY TOLD ME IT WAS WRONG. UH, WE DON'T HAVE ANY ISSUES ON CUTTING THE FENCES. ACTUALLY THE FENCES, AS YOU CAN SEE ON THE PROOF PLANS, UH, THEY'RE EIGHT FEET. WE DIDN'T EVEN MAKE THEM AT EIGHT FEET. WE HAVE THEM AT SIX FEET RIGHT NOW. AND WE EVEN CUT THE VERY FRONT ONES WHERE THE, UH, ADDRESS SIGNS ARE TO FOUR FEET. IF YOU WANT US TO CUT ALL OF THEM TO THREE FEET, WE CAN DO IT. IT'S NOT A BIG ISSUE, BUT IT'S MORE FOR PRIVACY, YOU KNOW, OF THE PEOPLE LIVING THERE. WE WANNA GIVE THEM SOME PRIVACY. THAT'S, UM, THAT'S MOST OF WHAT I HAVE TO SAY. THANK YOU. LET'S SEE IF WE HAVE ANY QUESTIONS. ANY, ANY QUESTIONS FOR THE APPLICANT? ORIAN? ORIAN? YEAH, SO ON ON THE STAFFS, UH, UH, ON THE, ON THE ATTACHMENTS, I'M TRYING TO JUST CLARIFY WHERE EXACTLY THESE FENCES ARE. I CAN SEE IN THE PICTURES THAT THE APPLICANT HAS, BUT THE, THE BLACK DASH LINE WHERE IT SHOWS A SIX FOOT PRIVACY FENCE ON THE ATTACHMENTS, CAN, CAN STAFF KIND OF HELP ME CLARIFY LIKE WHERE THIS IS, IT'S, UH, IN THE FRONT YARD ENDING AT THE 10 FOOT FRONT SETBACK LINE. YEAH, BUT ON THE, ON THE, IN THE, IN THE, UH, PACKET, IS THERE SOMETHING THAT, 'CAUSE IT LOOKS LIKE THEY HAVE A FENCE THAT GOES FORWARD AND IT PERPENDICULAR TO THE STREET AND THEN IT TURNS A LITTLE BIT A SUBSTANTIAL DISTANCE AWAY. AND YOU KNOW, MAYBE I, I JUST WANT TO KNOW WHERE THAT, THAT LITTLE INTERSECTION OF FENCING IS. 'CAUSE I MIGHT NOT BE OPPOSED TO ONE OF IT, BUT I MIGHT BE OPPOSED TO ANOTHER PIECE OF IT. AND I'M JUST TRYING TO GET SOME OF THE DIMENSIONING OR LOCATIONS BETTER LOCKED IN THE, THEIR FENCE AS THEY'RE INDICATING ON THEIR SITE PLAN STOPS AT THE 10 FOOT FRONT SETBACK. UM, YEAH, THE, UH, THE SITE PLAN THAT WE HAVE HERE DOES SHOW IT TO THE PROPERTY LINE, BUT THEY'RE INDICATING THAT'S WHAT I'M LOOKING AT THAT, THAT PLAN. RIGHT. AND THEY'RE INDICATING THAT THEY STOPPED AT THE 10 FOOT FRONT SETBACK. AND WHERE, WHERE IS THAT? CAN YOU POINT THAT OUT WITH YOUR MOUSE? I KNOW I CAN'T SEE A POINTER, BUT WHEN YOU MOVE YOUR MOUSE ON THAT SCREEN, I CAN KIND OF, CAN YOU SHOW ME WHERE THIS 10 FOOT SETBACK IS UP THERE? I CAN ONLY GIVE AN ESTIMATION LIKE 10 FEET FROM THE FRONT THERE. YEAH, IT DOESN'T TELL ME WHICH ONE'S A STREET. . THE STREET IS THE NORTH. THE NORTH, OKAY. OKAY. THE STREET'S A NORTH, SO THEY'RE OKAY. 'CAUSE ON THEIR PLAN IT JUST LOOKS LIKE THE, THE, THE ONE THAT RUNS PARALLEL TO THE STREET IS REALLY SET BACK FROM THE STREET. AND THEN THERE'S A LITTLE PIECE THAT KIND OF GOES FORWARD OF IT. I WAS JUST A LITTLE CONFUSED. MANNA. LET'S SEE. MR. OREN, IS THAT, DOES THAT ANSWER YOUR QUESTION? NO, I'M FINE. YEAH, I'M, I'M JUST LOOKING FOR SOME CLARIFICATION ON THE LOCATION. I'M MR. MANNA. YEAH, AND MAYBE BECAUSE I HAD SOME, SOME QUESTIONS WITH REGARDS TO LOCATION. CAN YOU BRING UP THE APPLICANT'S, UH, OVERHEAD VIEW, UM, AGAIN, 'CAUSE I THINK ON THE NEIGHBORING PROPERTY AND UM, DID THEY HAVE ANOTHER ONE? SO, SO, SO, BECAUSE THE QUESTION YEAH. OKAY. SO I DIDN'T INCLUDE IT. UH, GO BACK TO THE PREVIOUS SLIDE. THERE WE GO. SO, SO IT LOOKS LIKE YOU'RE SET BACK LIKE 20 FEET OR MORE FROM THE ADJACENT PROPERTY, UH, FROM ITS LOCATION TO THE STREET. IS THAT CORRECT? SO THEIR SIDE FENCE BASICALLY IS WELL IN YOUR FRONT YARD. UM, SO THE NEIGHBORS THE ONE, SO THE, THE THE WHITE BUILDING WITH THE RED ROOF, REDDISH ROOF, ACTUALLY BOTH OF THEM. SO IT LOOKS LIKE YOUR PROPERTY IS, YOUR HOUSES ARE SET BACK 20 FEET FROM THE FRONT OF BOTH OF THOSE HOUSES ON THE SIDE, CORRECT? MM-HMM, . SO, UM, SO ONE, YOU KNOW, SO ONE QUESTION, YOU KNOW, FROM A PRIVACY PERSPECTIVE AND YOU HAVE THE TWO FENCES KIND OF BROUGHT IN, UH, TO YOUR FRONT YARD. UM, AND SO ARE, ARE THOSE ALSO THOSE ARE IN FRONT OF THE OTHER HOMES RIGHT THERE, CORRECT? YES. SO SO WE BUILT THE ONE, SORRY, IN THE VERY FRONT ALSO TO GIVE PRIVACY, BUT THE ONE THAT HAS ME MORE CONCERNED, THE ONE IN THE MIDDLE THAT DIVIDES BOTH PROPERTIES. 'CAUSE IF YOU LEAVE IT AT THREE FEET, YOU'RE GONNA BE SEEING, YOU KNOW, THE NEIGHBOR MAY BE GRILLING OR ISN'T, HAS NO PRIVACY BECAUSE THAT ESSENTIALLY IS THE BACKYARD, THE FRONT YARD IS THE BACKYARD. EXACTLY. YEAH. IF YOU'RE DOING ANY ACTIVITY IN YOUR YARD EXACTLY, YOU DO IT INTO THE FRONT YARD. BUT THAT'S WHY WE LEFT THE 10 FEET SETBACK AS WELL, YOU KNOW, TO YEAH, RIGHT. TO PREVENT THAT. AND IT WAS CONFIRMED BY, YOU KNOW, THE STAFF THAT IT WAS OKAY WHEN THEY APPROVED. YEAH. [03:35:01] SO TO BE A QUESTION FOR CITY STAFF HERE, BECAUSE YOU HAVE, LOOKING AT THIS PICTURE HERE, WHICH IS GREAT. UM, YOU KNOW, SO THE SIDE, SO THE HOUSE ON THE, UH, ON THIS PICTURE, WE'LL SAY THE NORTH SIDE, UM, YOU KNOW, UM, IT'S EXTENDED WAY FORWARD. AND SO IF THEY SHARE A FENCE, UM, IS THAT, IS THE NEIGHBOR'S SIDE, YOU KNOW, THEY'RE ALSO MEASURED AS THEIR SIDE. UM, AND SO, SO WOULD THE SIX FEET BE ALLOWED UP TO THAT SIDE THERE AND THE SAME FOR THE ONE ON THE SOUTH SIDE, YOU KNOW, IS THAT, WOULD THAT BE PERMITTED? YEAH, SO THE SAME WAY, UH, WE WOULD, WE WOULD APPROVE LIGHT THE EIGHT FOOT EXEMPTIONS. THIS WOULD BE THE SAME. UH, BECAUSE IT'S THE ADJACENT NEIGHBOR ON THE, UM, EASTERN WESTERN OF THE PROPERTY. OBVIOUSLY WE'RE NOT TALKING IN BETWEEN BOTH HER PROPERTIES, BUT WE'RE TALKING ABOUT THE SIDE OF THEM TO THE OTHER NEIGHBORS. YES, WE WOULD CONSIDER THAT, UH, UP TO SIX FEET BECAUSE OF THE, THE NEIGHBORING PROPERTY STRUCTURE. SEE COMMISSIONER MANEZ. SO LIKE WHAT I'M TRYING TO ASCERTAIN IS, YOU KNOW, I MAY NOT BE OPPOSED TO THE, TO THE FENCE GOING NO, NO FURTHER PAST THE NEIGHBORING HOMES, BUT HOW DO I KNOW WHERE THAT IS? IS THAT WHAT'RE SAYING? YEAH, AND THAT'S WHAT I WAS TRYING TO, WELL, ONE JUST COULD, I THINK THERE'S A GREAT PICTURE HERE WHERE IT DOES CALL THAT OUT QUITE WELL, YOU KNOW, WITH REGARDS TO HOW FAR IT GOES FORWARD. AND SO, SO, SO PART OF THE DIALOGUE IS, YOU KNOW, IN FRONT OF THIS, YOU KNOW, DOES IT BECOME MORE ALONG THE LINES OF A, UM, YOU KNOW, OF THE THREE FOOT SLASH YOU KNOW, FOUR FOOT, YOU KNOW, WHATEVER'S PERMITTED YEAH, NORMALLY, BUT, BUT UP TO THAT POINT, YOU KNOW, I THINK YEAH. DOES, DOES, DO YOU HAVE ANY MEASUREMENTS OF, OF WHERE THAT HOUSE MIGHT BE? MAYBE FOR STAFF OR THE APPLICANT? I DON'T HAVE THEM, YEAH, WE DON'T HAVE ANY MEASUREMENTS. UM, FROM THE, THE HOUSE, IS IT, WOULD IT BE APPROPRIATE TO POTENTIALLY VOICE A, A MOTION AND REFERENCE THE LOCATION OF THE NEIGHBORING HOMES? I MEAN, I DON'T KNOW HOW YOU DO THAT. SO ARE, ARE YOU SAYING THAT YOU WANT TO DO THE SIX FOOT FENCE UP TO THE NEIGHBOR'S SIDE YARD WHERE THEY WOULD, THEIR SIDE YARD WOULD END? IS THAT THAT WHAT YOU'RE TRYING TO DO? WELL, I MEAN, I I I'M JUST PUTTING THAT OUT. I MEAN, I KNOW WE'RE NOT IN DELIBERATION, BUT I, I I'M JUST TRYING TO FIGURE OUT WHAT INFORMATION WE NEED TO MAKE SUCH, WHEN THE TIME COMES TO MAKE SUCH A MOTION OR, OR DELIBERATE, YOU KNOW, IF THE NEIGHBOR CAN BUILD A FENCE UP TO THAT POINT, WHAT DOES IT MATTER IF, IF THIS APPLICANT BUILDS IT FOR 'EM? YOU KNOW, THAT'S, THAT'S THE KIND OF TRAIN OF THOUGHT I'M LOOKING AT HERE. THAT'S ALL I THINK STAFF IS DELIBERATING RIGHT NOW. ONE STOP DOES SHOW TO BE ABOUT 30 FEET. SO, YOU KNOW, JUST DO, DO USE ITS TAPE MEASURE RULE FOR THE, FOR THE ABUTTING HOMES. OKAY. YEAH, THAT'S A GOOD NUMBER. THAT'D BE 30 FEET FROM THE EDGE OF CURB OR FROM THE PROPERTY LINE ZI ROW. SO THE ZI ROW TO THE UM, UM, FROM, FROM THAT LINE TO THE FRONT OF THE HOUSE, YOU KNOW, ON ONE STOP. SO, AND JUST FOR CLARIFICATION, SO WE'RE SEEING THE YELLOW HOME TO THE FAR EAST, RIGHT? ARE YOU SAYING YOU JUST WANT THE FENCE LANE TO COME AS FAR AS THAT? AND THEN IT AND, AND, AND IT COULD TURN AS FAR AS I'M CONCERNED, BUT I'M JUST THINKING ABOUT WHAT, YOU KNOW, HOW, HOW, HOW TO DEFINE THAT WHEN YOU MAKE A MOTION AND MAYBE I'M, MAYBE I'M TALKING ABOUT THIS TOO EARLY 'CAUSE MAYBE WE'RE NOT THERE YET, BUT I'M JUST PUTTING THAT OUT THERE. SO YOU WANT THE DISTANCE FROM THE FRONT OF THEIR HOUSE ALL THE WAY DOWN TO JUST ABOUT WHERE THE SIDEWALK IS. JUST SOMETHING TANGIBLE THAT, THAT UH, UH, THE MAKER OF A MOTION COULD, PROBABLY, CAN VOICE. WELL I THINK THAT THE, IF IT'S, IF 30 FEET'S A GOOD NUMBER, THAT'S 30 FEET, BUT YEAH, 30 FEET SEEMS LIKE THE ACCURATE NUMBER. SO IF YOU WANNA MAKE A PART OF THE MOTION TO HAVE THE SIX FOOT FENCE UP TO THE 30 FOOT FRONT SETBACK AND THEN ANYTHING ELSE YOU WANNA CONTINUE FROM THERE. BUT THAT SEEMS LIKE, UM, THE LANGUAGE TO USE. OKAY. ALRIGHT. ANY OTHER QUESTIONS? UH, I'M ASSUMING WE HAVE NO PUBLIC COMMENT OR VOICEMAIL TO READ IN TO THE RECORD. UH, WE HAVE ONE SPEAKER. OKAY. UH, BRODY ALEXANDER BRADY ALEXANDER SITE. MY NAME IS BRADY ALEXANDER. I RESIDE AT 1 8 3 9 EAST PYRON 7 8 2 2 3. I REPRESENT THE HOT WELLS MISSION REACH NEIGHBORHOOD ASSOCIATION. WE OPPOSE THE VARIANCE, UM, FROM THE APPLICANT ON THIS. UM, HOT WELLS IS A VERY UNIQUE HISTORIC AREA EVEN THOUGH IT'S NOT RECOGNIZED AS SUCH. UM, THE [03:40:01] HOUSE THAT WAS THERE IS A, THAT WAS THERE. IT'S A TOTAL SHAME IT WAS KNOCKED DOWN. IT WOULDN'T BE DONE IN ANY OTHER CITY. BUT, UH, WE DO WANT TO SEE APPROPRIATE, NOT INAPPROPRIATE INFILL AND THAT ALSO INCLUDES THE FENCE. UH, GATED ENCLAVES ARE NOT PART OF OUR PLAN FOR A VERDANT COMMUNITY. THIS, THE FENCE, SIX FOOT FENCE TO THE FRONT WOULD ALTER THE CHARACTER OF THIS NEIGHBORHOOD. WE HAVE GOOD SETBACKS ALREADY AND WE WANT TO KEEP THAT KIND OF ENVIRONMENT. IT WOULD CAUSE HAZARD TO INGRESS AND EGRESS FROM ADJOINING AND OTHER PROPERTIES NEAR THERE. ALSO, THIS IS BECOMING A CUT THROUGH STREET FOR SOUTHBOUND TRAFFIC ON PRESA KICKING OVER TO SOUTH CROSS TO AVOID THE LIGHT AT THE CORNER. WE UNDERSTAND, UH, WHAT THE APPLICANT WANTS TO DO, BUT UM, BY CHOOSING TO PLACE THE PROPERTIES, PLACE THE STRUCTURES FAR BACK IN THE PROPERTIES, THERE ARE CONSEQUENCES OF THAT AS JUST AS PLACING IT TO THE FRONT. SO, UM, SO BE IT. WE SUPPORT OUR MEMBERS' ASSERTION TO OPPOSE THIS VARIANCE. THANK YOU MANNA. SEE IF WE HAVE ANY QUESTIONS. MR. MANNA HAS, SO QUESTION FOR YOU. SO, SO, SO YOU'VE HEARD SOME DIALOGUE HERE AND SO TALKING ABOUT, UM, SO THE SIX FOOT FENCE COMING UP TO THE NEIGHBORING FRONT OF THE FACADE OF THE, THE TWO NEIGHBOR'S HOUSE, NEIGHBOR'S HOUSE. UM, AND IF IT WAS PREDOMINANTLY OPEN ON ALONG THE FRONT OR REQUIRED PREDOMINANTLY OPEN, UM, YOU WOULD THAT BE MORE UNCHARACTERISTIC OF THE HOT WHEELS COMMUNITY? IT PROBABLY WOULD BE. I WOULD LIKE TO APPROACH, UH, THOSE MEMBERS TO SEE WHAT THEIR OPINION OF IT IS SINCE THEY'RE THE ONES THAT ARE GONNA HAVE TO, UH, LIVE NEXT TO IT. UH, SOLID FENCES ARE A LOT DIFFERENT THAN A, A PERMEABLE ONE. UM, SO THEY MAY HAVE SOME ISSUES WITH THAT OR, UM, THEY, THEY MAY LIKE IT, IT DEPENDS. I WOULD LIKE TO GET THEIR INPUT ON IT, UM, BEFORE I MAKE AN ASSERTION OF, UM, THEIR POSITION. I THANK YOU. QUESTION AS WELL. WELL REGARDING THAT SIX FOOT PRIVACY FENCE DOWN THE CENTER OF THE TWO HOUSES, IF IT'S SET BACK AGAIN TOWARDS THE SAME SETBACK AS THE, AS THE YELLOW HOUSE THAT WE SAW, SAME ISSUE YOU'D WANNA GET WITH YOUR GROUP TO SEE IF THAT WOULD BE SOMETHING TO BE ACCEPTABLE AS WELL OR? I THINK THEY SHOULD BE CONSISTENT IN MY OPINION, UM, AND ARE NO FURTHER OUT THAN WHATEVER IS WHATEVER'S EXISTING. THERE'D BE THREE FENCES BASICALLY. AND I UNDERSTAND THEY WANT TO, UM, DIVIDE THE FOR, FOR THE TWO PROPERTIES WHERE THERE WAS ONE HOUSE. UM, BUT THAT WOULD BE ALSO SOMETHING I WOULD WANT TO, UM, CHECK WITH THE NEIGHBORS AND SEE. BUT IT SHOULD NOT IMPEDE ANY VISUAL. UM, IF IT WERE EQUAL IN MY OPINION, AND IT IS OFFSET OFF THE STREET, SO THAT WOULD PROBABLY TAKE OUT BUT A SIX FOOT UP TO THE UM, SIDEWALK WOULD DEFINITELY CAUSE A PROBLEM. THANK YOU SIR. THANK YOU. UH, SO THE APPLICANT WILL GIVE YOU A CHANCE TO COME UP OBVIOUSLY. HAVE YOU HAD A CHANCE TO TALK WITH THE NEIGHBORHOOD ASSOCIATION? YES, ACTUALLY ON MY PRESENTATION I HAVE EIGHT SIGN UH, SIGN LETTERS WHERE THEY'RE ALL IN THE SAME STREET, STRATFORD COURT STREET AND THEY'RE IN FAVOR. THEY DON'T SEE ANYTHING WRONG. THEY, UH, REALIZE THAT YEAH THAT WILL GET MORE, MORE PRIVACY, YOU KNOW, THE ONE IN THE MIDDLE TO THE PEOPLE MOVING IN. SO YEAH, WE GOT A CHANCE TO TALK TO THEM AND EIGHT OF THEM SIGNED. ANOTHER THING IS, UM, IT'S HARD TO, YOU KNOW, TO REACH THEM BECAUSE THEY HAVE LIKE GATED COMMUNITIES, WELL NOT LIKE GATED, YOU KNOW, UM, FRONT YARDS MOST OF THEM. SO IT'S REALLY HARD TO, TO GET TO TALK TO THE PEOPLE. BUT YOU CAN SEE ALL THE LETTERS THERE. SO I KNOW HE REPRESENTS, I GUESS THE O OWNER'S ASSOCIATION AROUND THE HOT WELL SPRINGS. IS THAT THE ORGANIZATION OR WHAT ORGANIZATION ARE YOU, ARE YOU REPRESENTING OUTREACH ASSOCIATION? DO THEY RE, DO THEY MEET LIKE REGULARLY OR DO THEY, CAN YOU COME UP TO THE MIC PLEASE? I'M SORRY. PLEASE, PLEASE COME UP TO THE MICROPHONE. YES, WE MEET THE LAST TUESDAY OF THE MONTH, SIX 30 AT THE MISSION BRANCH LIBRARY. WE ARE REGISTERED NEIGHBORHOOD ASSOCIATION WITH THE CITY OF SAN ANTONIO AND WE LOOK FORWARD TO HEARING FROM ANY APPLICANT WHETHER THEY WANT TO DO REZONING OR VARIANCES WITHIN OUR NEIGHBORHOOD ASSOCIATION BOUNDARIES. AND AS FAR AS YOU KNOW, HAS THIS APPLICANT HAD A CHANCE TO PRESENT TO THAT GROUP? THEY HAVE NOT REACHED OUT TO PRESENT TO US. OKAY. ALRIGHT. UM, I, I BRING THE APPLICANT FORWARD. LET'S SEE IF WE, IF THERE'S ANY QUESTIONS OR IF YOU WOULD LIKE TO HAVE ANY CLOSING REMARKS BEFORE WE CLOSE THE PUBLIC PORTION. I DON'T WANNA ADD ANYTHING ELSE. I DUNNO IF YOU HAVE ANY MORE QUESTIONS. THANK YOU. THANK YOU ANNA. SO, SO WOULD YOU LIKE TO CONSIDER REACHING OUT TO THE HOT WHEELS TO SEE IF THERE'S ANY OTHER DIALOGUE WITH THEM OR WOULD YOU LIKE US TO MOVE FORWARD? YOU KNOW, 'CAUSE THAT'S, YOU [03:45:01] KNOW, I GUESS ONE OF THE QUESTIONS HERE, I I WOULD LIKE TO MOVE FORWARD, HONESTLY. I HAVE THE CO FOR ONE OF THE HOUSES. I NEED THE OTHER ONE. IT'S BEEN SOME TIME, EVEN ONE OF MY, UM, PERMITS EXPIRED, YOU KNOW, GOING THROUGH ALL THIS AND IT'S, IT'S KIND OF, UM, INCONSISTENT BECAUSE EVERY TIME THAT I ASK FOR A, FOR AN INSPECTION, YOU KNOW, WITHIN THE CITY, THEY GO AND THEY TELL ME ONE THING I WORK ON THAT I CHANGE IT AND THEN I CALL FOR RE REINSPECTION, THEY COME AND ADD MORE THINGS AND THIS IS HOW IT HAPPENED, YOU KNOW, UM, I CAN BELIEVE THAT ONE OF THE HOUSES GOT IT AND THE OTHER ONE CAN GET THE CERTIFICATE OF OCCUPANCY IF THEY'RE LIKE SIDE BY SIDE, YOU KNOW, THEY'RE SHARING THE FENCE AND ONE IS OKAY AND THE OTHER ONE IS NOT. SO I WOULD LIKE TO MOVE FORWARD. THANK YOU. ALRIGHT. THAT CLOSES A PUBLIC PORTION. I WOULD LIKE, I'LL MAKE A MOTION. YES. UH, REGARDING CASE NUMBER BOA DASH 23 DASH OH 3 3 4 3 3 4. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A THREE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT, NOT TO TO BE ANY CLOSER TO 30 FEET TO THE STRATFORD COURT RIGHT OF WAY, SITUATED AT 1 1 8 AND 1 1 2 STRATFORD COURT APPLICANT BEING HOME TO EIGHT LLC. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPT WILL BE HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE SPECIAL EXCEPTION PHITE BEING REQUESTED IS SIX FEET FOR THE FRONT YARD, UH, NO CLOSER TO 30 FEET TO THE STREET RIGHT OF WAY. THE REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE AS THE PROPOSED FENCE WOULD PROVIDE ADDITIONAL SECURITY AND PRIVACY FOR THE PROPERTY OWNER. B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THESE CRITERIA ARE REPRESENTED BY FENCE SITES TO PROTECT PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY. THE PROPOSED FENCE SITE APPEARS TO SERVE THE PUBLIC WELFARE AND CONVENIENCE THAT THE FENCE PROVIDES ADDITIONAL PRIVACY AND SECURITY TO THE PROPERTY OWNER. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE FENCE VARIANCE WILL PROVIDE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT AND ADJACENT PROPERTIES. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOOTS A SPECIAL EXCEPTION OF SOUGHT THE ADDITIONAL FENCE SIDE IN THE YARD. FRONT YARD OF THE SUBJECT PROPERTY DOES NOT APPEAR TO ALTER LOCATION, FOOTS A SPECIAL EXCEPTION OF SOUGHT AND DOES NOT APPEAR TO ALTER THE ESSENTIAL CARE TO THE DISTRICT. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. END OF MOTION. SECOND. SECOND. OKAY. SO I, I DON'T HAVE A PROBLEM WITH THE WAY I READ IT BECAUSE IT'S NOT 30 FEET, UH, WHICH I ALSO VERIFIED AS COMMISSIONER MAN DID ON ON ONE STOP IS, UH, YOU KNOW, IS WHAT THE NEIGHBORS CAN ALREADY DO AND, AND, AND MAY DO IN THE FUTURE. AND SO IT DOESN'T BOTHER ME THAT WITH THAT 30 FOOT LIMITATION, MR. MANNA. UM, I CONCUR. ALRIGHT. ANY OTHER, ANY OTHER COMMENT FROM THE BOARD OF HEARING? NONE? LET'S TAKE A ROLL CALL. VOTE. COMMISSIONER ORIAN? YES. COMMISSIONER MANNA. I CONCUR WITH THE FINANCES OF FACT. COMMISSIONER BARTON. I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER DEAN. I DO NOT CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER ZUNIGA? I CONCUR. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER KAPLAN? I CONCUR. CHAIR ZUNA? YES. I CONCUR WITH, UH, 10 IN FAVOR. ONE IN OPPOSITION. THE SPECIAL EXEMP EXEMPTION AS AMENDED IS APPROVED. UH, GOOD LUCK WITH THE PROJECT. THANK YOU. ALRIGHT, NEXT CASE COMMISSIONERS, IF YOU'RE NOT AWARE, THE FOOD HAS BEEN DELIVERED. ALRIGHT, THE DELIVERED? YEAH, THE TIME IS 5 0 1. MS. KAPLAN JUST STEPPED OUT, SO WE'LL RECORD HER WHEN SHE COMES BACK IN. UH, MS UH, I'LL, I'LL DO ONE MORE. OKAY. OKAY, LET'S PROCEED WITH THE CASES. OKAY, WE'RE AT ITEM 14. UH, THIS BE CASE BO OA DASH 23 DASH 1 0 3 0 0 3 3 5. ADDRESS IS 5 8 5 5 HIGHWAY 87 EAST COUNSEL DISTRICT TWO. APPLICANT IS KILLEN GRIFFIN AND FERRIMAN, UH, PLLC. UH, A REQUEST FOR A VARIANCE FROM THE FENCE MATERIALS TO ALLOW FOR A CORRUGATED METAL FENCING ON THE PROPERTY. UH, ZONING IS I TWO S. THE SUBJECT PROPERTY IS LOCATED ALONG US HIGHWAY 87 EAST EAST OF INTERSTATE [03:50:01] LOOP FOUR 10 SOUTH AND WEST OF SOUTH FOSTER ROAD. THE APPLICANT IS REQUESTING A VARIANCE AS DESCRIBED IN SECTION 3 5 5 1 4 A SIX FROM THE FENCE MATERIALS TO ALLOW FOR CORRUGATED METAL FENCING ON THE PROPERTY ON A CODE COMPLIANCE. SORRY ABOUT GO AHEAD. COMMISSIONER ZUNIGA, CAN YOU MUTE YOURSELF? WE CAN HEAR EVERYTHING GOING ON. A CODE COMPLIANCE INVESTIGATION AS NOTED, UH, FOUND THE FENCE TO BE BUILT IN, BUILT WITH PROHIBITED MATERIALS. AND IN 2019 THE PROPERTY HISTORY WAS REZONED TO I TWO S WITH SPECIFIC AUTHORIZATION FOR METAL RECYCLING ENTITY, UH, WITH OUTSIDE STORAGE AND OR PROCESSING. THE PRO THE PROPERTY IS PRIMARILY SURROUNDED BY LIGHT INDUSTRIAL AND COMMERCIAL USES. RESIDENTIAL ZONING IS LOCATED TO THE SOUTH OF US, HIGHWAY 87 AND IS NOT WITHIN 200 FEET OF THE PROPERTY. THIS IS, UH, ONE SITE PLAN THAT WAS PROVIDED, UH, AND THEN ANOTHER, UH, VERSION OF THE SITE PLAN. I'M SORRY. UM, CAN I INTERRUPT? SO, UH, WE HAVE A SPANISH INTERPRETER ISSUE GOING ON, UM, AND WE NEED TO KNOCK OUT THE LAST CASE BECAUSE THEY REQUIRE INTERPRETER. UH, IF IT'S OKAY WITH THE CHAIR, UH, WE CAN PAUSE. TABLE THIS . HOLD ON JUST A SECOND, MA'AM. UH, MR. CHAIR, WE JUST REALIZED THAT THE INTERPRETERS HAVE TO LEAVE BY A CERTAIN TIME, WHICH MEANS THE, THE SPANISH SPEAKING, UH, CUSTOMER IS NOT GONNA BE ABLE TO BE, UM, HEARD. SO IF WE CAN PAUSE AND BRING UP THAT LAST CASE, UH, IT WOULD BE GREATLY APPRECIATED AS A COURTESY. I GUESS WE, UH, IT'S THE LAST CASE. IT'S CASE. IT'D BE ITEM NUMBER 16 3 4 4. OKAY. FOUR FOUR. SO WE WILL PAUSE AND GO TO CASE NUMBER THREE. FOUR. FOUR. SORRY, ASHLEY. ALL RIGHT. UM, ALL RIGHT. ITEM NUMBER 16, BO 8 23 1 0 3 0 0 3 44 LOCATED ON 8 31 ANGELA STREET, DISTRICT FIVE APPLICANT BEING GABRIELLE MENDOZA. REQUEST FOR A THREE FOOT NINE INCH VARI FOR THE MINERAL FIVE FOOT SIDE SETBACK TO ALLOW A ONE FOOT THREE INCH SIDE SETBACK. ZONED MF 33. NEXT SLIDE. PROPERTY LOCATED BETWEEN SAN HAMILTON AVENUE AND SOUTH URA WEST, JUST WEST OF DOWNTOWN. THE OP THE AREA IS PREDOMINANTLY ZONED MULTI-FAMILY WITH A SINGLE FAMILY DWELLING DEVELOPMENT. THE APPLICANT DEVELOPED A SINGLE FAMILY DWELLING ON A REDUCED SIDE SETBACK OPPOSITE SIDE OF THE REDUCED SETBACK AS A NEIGHBOR'S ATTACHED CARPORT. THAT IS THE SIDE PLAN SHOWING THE ONE FOOT THREE INCH SIDE SETBACK FRONT OF THE PROPERTY. THE SIDE FROM THE FRONT. SO THIS IS TAKEN FROM THE REAR. THIS IS THE CLOSEST PORTION OF THE, UM, SIDE SETBACK. I KNOW WE ADVERTISED FOR A ONE INCH SIDE SETBACK. UH, WE DID THAT JUST TO MAKE SURE WE CAPTURED EVERYTHING WE COULD. SO THE ACTUAL SETBACK IS GONNA BE ONE FOOT THREE INCHES. AS YOU CAN SEE, THE STRUCTURE IS TWO FOOT THREE INCHES, BUT IT HAS A ONE FOOT OVERHANG AND SURROUNDING AREA STAFF RECOMMENDS THAT NOW AND BO OA 2 3 1 0 3 0 0 3 44 BASED ON THE FOLLOWING, FOLLOWING FINDING OF THE FACT THE PROPOSED VARIANCES ARE CONTRARY TO THE PUBLIC INTEREST AND WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND TO REDUCE SETBACK AND INJURY, THE APPROPRIATE CONFORMING USE OF THE ADJACENT PROPERTY OF FIRE MITIGATION WILL BE REDUCED. UH, 52 NOTICES WERE MAILED OUT. NONE RECEIVED IN OPPOSITION OR IN FAVOR AND NO RESPONSE FROM THE NEIGHBORHOOD ASSOCIATION. AND I WILL ADD THAT THIS PROPERTY WAS RECENTLY DEMOLISHED AND BECAUSE IT WAS TOTALLY DEMOLISHED, IT ELIMINATED ANY NON-CONFORMING THAT THE PROPERTY MAY HAVE HAD. THAT'S WHY THEY'RE REQUESTING THIS VARIANCE. AND THE APPLICANT IS AVAILABLE FOR, IT'S A QUESTION ARE THEY BUILDING ON THE EXACT FOOTPRINT, BUT JUST BECAUSE OF THIS, THEY THEY ACTUALLY ARE. YEAH. IT, IT'S KIND OF A UNIQUE SITUATION. THERE WAS ONE WALL THAT WAS STILL UP AND SO THEY JUST WENT FROM THERE AND THEN DID THE ADDITION FORWARD. UM, AND WHEN THE INSPECTOR WENT OUT TO INSPECT, FOUND THAT, OH NO, IT, IT'S TOO CLOSE. SO THAT'S WHY THEY'RE HERE TODAY. I GUESS MY PLAN REVIEW HAD ALREADY, BUT THEY, BUT THEY'RE BUILDING WHERE THE FOOTPRINT WAS. THERE WAS ACTUALLY ONE WALL THERE THAT IS EXACTLY THE SAME WALL THEY'RE USING. THEY JUST [03:55:01] EXPANDED FROM THERE. AND, BUT THEY DID GO THROUGH THE BUILDING PERMIT PROCESS? THEY DID, THEY DID A PLAN APPROVAL PROCESS. BUT THEY JUST DIDN'T CATCH THE, THEY DIDN'T. CORRECT. OKAY. THAT'S CORRECT. YEP. ALRIGHT. OKAY. HELLO, MY NAME IS SERGIO ROS, I'M THE CONTRACTOR FOR THIS PROPERTY. UM, SO YEAH, WHAT YOU WERE SAYING IS THAT WE, WE WENT THROUGH THE CORRECT CHANNELS ON EVERYTHING AND IT WAS SOMETHING THAT NOBODY SAW NOR MY ARCHITECT NOR THE CITY. SO WE JUST FOLLOWED THROUGH WHATEVER IT WAS ALREADY BUILT, BUILT ON, UM, THAT WE FOLLOW THE SAME PLANS THAT WERE BEFORE, BEFORE THIS. SO RIGHT NOW, UM, I'M TRYING TO FIGURE OUT WHAT, WHAT DO YOU GUYS RECOMMEND? HOW IS THE BEST WAY WE CAN FIX THIS? 'CAUSE EVERYTHING'S ALREADY PUT ON THE SHEET ROCK SIDING AS YOU CAN SEE. SO WHAT IS THE BEST WAY WE CAN DO EITHER TO SAVE IT OR NOT SAVE IT? JUST COME TO A SOLUTION TO THIS. THANK YOU. LET'S SEE IF WE HAVE ANY QUESTIONS FROM, UH, FROM THE BOARD. AND WE JUST WANTED TO VERIFY ABOUT THE SPANISH SPEAKING. DO WE NEED SOMEONE TO COME TRANSLATE FOR SOMEONE? IS THAT PROPERTY OWNER? I BELIEVE, UH, DOES HE WANNA SAY SOMETHING SO THAT WE CAN BRING THE INTERPRETER UP? BECAUSE THEIR, THEIR SCHEDULE IS, ARE THE MEANTIME. LET'S SEE IF WE HAVE ANY QUESTION FOR THE, UH, THE CONTRACTOR OR ANYBODY? UH, THE BOARD. OKAY. I GUESS HE'S OKAY. GIVE HIM THE OPPORTUNITY TO, LEMME TALK TO HIM REAL QUICK. THE OWNER WANTS TO TALK FIRST WITH A CONTRACTOR TO SEE IF HE WILL SHOW UP OR NOT. STAFF, DO WE HAVE ANY, UH, DO YOU HAVE A MAP OF ANY? THERE'S NOBODY IN FAVOR. NOBODY IN OPPOSITION. DO WE HAVE ANY PUBLIC COMMENT TO READ INTO THE RECORDS? NO PUBLIC COMMENTS. OKAY. THAT'S WHAT I THOUGHT. QUESTION CRUZ? YES. MS. CRUZ. SORRY. UH, STAFF YOU ARE SAYING THAT HE BUILDING THIS HOME WITH ONE OF THE WALLS THAT WAS STILL THERE, CORRECT? THAT'S CORRECT. SO WE'RE JUST DOING THE VARIANCE BECAUSE HE BUILT IT TOO CLOSE TO THE NEIGHBORS. UH, BECAUSE IF YOU JUST, IT WAS ALREADY TOO CLOSE. IT WAS ALREADY TOO CLOSE TO THE NEIGHBORS. WELL, IT WAS NOT CONFORMED, BUT SINCE HE DESTROYED OVER 50% OF THE STRUCTURE OF THE FOOTPRINTS, THE NON-CONFORMING NO LONGER APPLIES. BUT THERE, THERE'S A PICTURE THAT SHOWS YOU AND THEY JUST, THEY, THEY STARTED WITH WITH WHAT WAS LEFT AND WENT FROM THERE. AND THEN IT WASN'T UNTIL THE INSPECTOR WENT OUT TO INSPECT THE FRAMING THAT THEY REALIZED THAT IT WAS TOO CLOSE TO THE OTHER PROPERTY. OKAY. ALL RIGHT. THANK YOU. DID THE OWNER WANT TO SAY ANYTHING OR NO, IT'S THE SAME THING. IT'S JUST, WE FOUND OUT TILL LIKE THE THIRD INSPECTOR THAT WENT OUT THERE, 'CAUSE THE PROBLEM WAS THE FIREWALL IN THE BEGINNING. THEY, I DIDN'T HAVE ANY ISSUES WITH THE SETBACK YET UNTIL LIKE, UH, LAST INSPECTION WENT THROUGH FOR FRAME. THAT'S WHEN THEY TOLD ME I NEEDED TO SUBMIT NEW PLANS JUST TO MAKE SURE, TO MAKE SURE THE FIREWALL, HOW THE FIREWALL WAS BUILT. AND THEN WHEN I SUBMITTED THOSE PLANS, THAT'S WHEN THEY, THE CITY SAW. OKAY, THE, THE SETBACK WAS BAD. SO, AND THE, THE WATER FLOW, WHAT, WHICH WAY DID, DOES THE ROOF SLOPE? IS THE WATER, UH, THIS WAY? WHICH WAY DOES IT, YOU GOING TO THE NEIGHBOR'S OR IS IT GOING, GOING TO THE NEIGHBORS? YES, THAT'S CORRECT. OKAY. AND WE WILL HAVE GUTTERS ON THAT SIDE, OR DO YOU INTEND TO PUT GUTTERS ON THAT SIDE? WE DO INTEND TO PUT GUTTERS AS SOON AS WE, YOU KNOW, WE GET THIS SITUATED FIRST. SO COULD YOU, COULD YOU JUST STATE THAT YOU'RE GONNA PUT GUTTERS? WE'RE GONNA, WE'RE GONNA INSTALL GUTTERS. OKAY. UND IT'S ONE INCH FROM THE PROPERTY LOAD. IT'S NOT ONE INCH. THEY USED ONE INCH AS THE WHOLE PLACEHOLDER, BUT IT'S, UH, MR. FRANKLIN, WOULD YOU LIKE TO? YES. OKAY. SO, UH, THIS IS FOR THE APPLICANT, SO ON, SO ARE THOSE GONNA BE F UH, IS THAT GONNA BE FIRE RATED? IT IS FIRE RATED ALREADY. I HAVE THE, THE, I HAVE THE, THE PLANS FOR THAT. DO YOU WANT, DO YOU WANNA SEE THEM? NO, THAT'S ALL RIGHT. IF YOU, IF YOU SAY IT IS A REQUIREMENT AND I CAN CONFIRM THAT THEY HAVE THE FIRE. OKAY. YES. THANK YOU ALRIGHTYY. LET'S GO AHEAD AND, UH, ANYBODY WANNA MAKE A MOTION ON THIS ONE? I WILL. MS. BRAGMAN, REGARDING CASE NUMBER BO A DASH TWO THREE DASH 0 3 0 0 3 4 4, I MOVED THE BOARD OF ADJUSTMENT GRANTOR REQUEST FOR THREE FOOT NINE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A ONE FOOT THREE INCH SIDE SETBACK SITUATED AT 8 31 ANGELA STREET, APPLICANT. IS THAT RIGHT? YES. MM-HMM. . OKAY. UH, BEING CONTRERAS, UH, REMODELATION JUNIOR, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT, OTHER PROVISIONS OF THE UNITED 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 REQUEST WOULD [04:00:01] NOT BE CONTRARY TO THE PUBLIC INTEREST AS IT LEAVES SUFFICIENT ROOM ON THE SIDE OF THE PROPERTY FOR ANY REQUIRED MAINTENANCE AND ENOUGH SEPARATION TO PREVENT ANY INTRUSION OF ELEMENTS DUE TO SPECIAL TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIAL CONDITIONS DO NOT EXIST ON THE PROPERTY, AND AS THERE IS SUFFICIENT SPACE TO BUILD A SUITABLE SIZE SINGLE FAMILY DWELLING WITH A DRIVEWAY ON THE OPPOSITE SIDE OF THE REDUCED SETBACK. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS TO PROVIDE SEPARATION BETWEEN STRUCTURES AND PROPERTY LINES. THE REDUCED SETBACK WILL LEAVE ENOUGH SEPARATION BETWEEN PROPERTY LINE AND ADJACENT, SORRY, ADJACENT STRUCTURES. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE VARIANCE REQUEST WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES AS THE PROPOSED LOCATION OF THE NEW STRUCTURE WILL LEAVE DIVISION ROOM TO NOT INJURE IT. 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 ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCES SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE LIMITED SPACE TO DEVELOP A SINGLE FAMILY DWELLING. END OF MOTION. SECOND. ANY DISCUSSION? UM, YEAH, I'LL BE IN SUPPORT OF THIS MOTION. UM, THE FACT THAT IT'S BEING BUILT ON THE EXACT SAME FOOTPRINT AS THE PREVIOUS STRUCTURE, AND THERE'S GONNA BE GUTTERS ON, UH, THE SIDES SO THAT, UH, ELIMINATES WATER RUNOFF INTO THE NEIGHBOR'S YARD. AND THIRD, BECAUSE, UH, THE, THE EXTERIOR'S GONNA BE FIRE RATED, I'LL BE IN SUPPORT. MS. CRUZ, I CONCUR WITH MY COLLEAGUE I WITH, WITH ALL THE ADDITIONS THAT HE'S DOING. I DON'T SEE A PROBLEM WITH ALWAYS THAT, UH, STRUCTURE. THANK YOU. YEAH, AND I'M SUPPORTING AS WELL. I MEAN, I THINK, UH, THERE'S SOME ERRORS ON THE CITY SIDE AS WELL, GIVING HIM THE BUILDING PERMITS AND NOT RECOGNIZING THE 50%, UH, THRESHOLD TO COMPLETE. SO I, I THINK THIS IS A GOOD REMEDY AND I THINK IT'S GONNA BE A GOOD PRODUCT AT THE END. SO, BUT THAT SAID, LET'S GO AHEAD AND TAKE A ROLL CALL VOTE. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER BURTON? I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER ZUNIGA. THUMBS UP. MR. ZUNIGA. COMMISSIONER MANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BEAVIS? I CONCUR. COMMISSIONER KAPLAN? I CONCUR. COMMISSIONER ORIAN? I CONCUR WITH THE FINDINGS OF FACT. CHAIR ZUNA? YES, I CONCUR. 11 IN FAVOR? ZERO OPPOSITION. THE VARIANCE PASSES. GOOD LUCK WITH THE PROJECT. THANK YOU. THANK YOU VERY MUCH. ALRIGHT, NOW WE CAN CONTINUE. CASE NUMBER 3, 3 5. MR. CHAIR, I AM GONNA GO AHEAD AND, UH, EXIT. OKAY. THE TIME IS FIVE 15 AND MS. CRUZ WILL BE, UH, LEAVING. WE'RE DOWN TO 10 MEMBERS OF THE BOARD. TURN THE MS. VASQUEZ ALSO. OKAY. SO THAT PUTS US AT NINE. I'M SORRY, SAY THAT AGAIN. I'M GONNA HAVE TO GO TO ALSO, OKAY, SO THAT PUTS US AT NINE. OKAY. NEITHER ONE OF YOU CAN STAY FOR, FOR THIS CASE. WE HAVE TWO, TWO MORE CASES. TWO CASES? NO. OKAY. THANK YOU. THANK YOU. SO WHAT'S YOU LIKE? YOU LIKE ICE CREAM? COMMISSIONER CRUZ . OKAY. OKAY. OKAY. OKAY. THE TIME IS, UH, FIVE. THANK YOU. COMMISSIONER VASQUEZ HAS LEFT. MS. CRUZ IS STAYING, SO, OKAY, WE'RE 10. 10, 10 MEMBERS. OKAY, WE'LL, AND MELANIE, GO AHEAD. YES. OKAY. ITEM 14, IT'S GONNA BOA DASH 23 DASH 0 3 3 3 5. ADDRESS FI 5 8 5 5 HIGHWAY 87 EAST. UH, COUNCIL DISTRICT TWO, APPLICANT KIEN GRIFFIN AND FAIRMAN PLLC. REQUEST FOR A VARIANCE FROM DEFENSE MATERIALS TO ALLOW FOR CORRUGATED METAL FENCING ON THE PROPERTY. UH, CURRENTLY ZONED I TWO S. THE SUBJECT PROPERTY IS LOCATED ALONG US HIGHWAY 87 EAST EAST OF INTERSTATE LOOP FOUR 10 SOUTH AND WEST OF SOUTH FOSTER ROAD. THE APPLICANT IS REQUESTING A VARIANCE AS DESCRIBED IN SECTION 35 DASH 314 A SIX FROM THE FENCE MATERIALS TO ALLOW FOR CORRUGATED METAL FENCING ON THE PROPERTY. A CODE COMPLIANT INVESTIGATION [04:05:01] FOUND THE FENCE TO BE BUILT WITH PROHIBITED MATERIALS IN 2019. THE PROPERTY HISTORY WAS REZONED. I TWO S WAS SPECIFIC AUTHORIZATION FOR METAL RECYCLING ENTITY WITH OUTSIDE STORAGE AND OR PROCESSING. THE PROPERTY IS PRIMARILY SURROUNDED BY LIGHT, INDUSTRIAL AND COMMERCIAL USES RESIDENTIAL ZONING LOCATED TO THE SOUTH OF US. HIGHWAY 87 EAST IS NOT WITHIN 200 FEET OF THE PROPERTY. THIS IS, UH, SITE PLAN ONE, SITE PLAN TWO, UH, SUBJECT PROPERTY, THE ENTRANCE OF THE LOCATION, UH, AGAIN, THE, UM, FRONT ENTRANCE ALONG THE SIDE OF, UH, 87 HIGHWAY 87 SUBJECT PROPERTY. UH, THIS IS THE EIGHT FOOT FENCE, UH, ANNOTATED INSIDE OF PROPERTY AND SURROUNDING AREA. AND THEN AERIAL VIEW OF THE SURROUNDING AREA, UM, WHICH KIND OF SHOWS THE DIFFERENT, UH, COMMERCIAL INDUSTRIAL THAT'S CURRENTLY SURROUNDING THEM. UH, STACK RECOMMENDATION IS FOR APPROVAL IN BO A TWO THREE DASH 0 3 0 0 3 3 5 BASED ON THE FOLLOWING FINDINGS OF FACT, THE FENCING MATERIAL WOULD, WOULD ADD TO THE SECURITY OF THE PROPERTY. AND TWO VARIANCE SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS SURROUNDING AREA USES AND THE NATURE OF THE FACILITY. UH, STAFF MAILED 13 NOTICES, ZERO IN FAVOR AND ZERO IN OPPOSITION. AND THIS PROPERTY IS NOT LOCATED WITHIN 200 FEET OF A NEIGHBORING OR NEIGHBORHOOD. SO ASSOCIATION, UH, THIS CONCLUDES STAFF'S PRESENTATION. ALRIGHT, ANY QUESTIONS FOR STAFF? YES, BRAGMAN. MS. BRAGMAN, I JUST WANNA CLARIFY IN THE CASE SUMMARY, YOU SAID SECTION 35 DASH 3 1 4 5? YEAH, 5 1 4. EXCUSE ME. OKAY. THANK 5 1 4. ALRIGHT, ANY OTHER QUESTIONS FOR STAFF? HEARING NONE, I'D ASK THE APPLICANT TO PLEASE COME FORWARD AND THANK YOU FOR YOUR, YEAH. HI. GOOD EVENING EVERYONE. ASHLEY, FAIRMONT, KEAN, GRIFFIN, AND FAIRMONT. I HAVE A PRESENTATION, I'LL GO THROUGH IT QUICKLY, BUT I DO ASK THAT IF THERE ARE ANY MAJOR CONCERNS OR QUESTIONS THAT YOU, YOU PLEASE ASK AND, AND THIS IS IMPORTANT FOR US TO, TO HAVE IT APPROVED. UM, CAN WE GO TO THE NEXT SLIDE? THANK YOU. UM, IS SUBJECT PROPERTY. SO THIS IS 33 ACRES. UM, CMC COMMERCIAL METAL COMPANIES IS THE OWNER OF THIS PROPERTY IN 2019. I HELPED THEM REZONE THIS PROPERTY, UH, TO ADD A SPECIFIC USE AUTHORIZATION FOR A METAL RECYCLING FACILITY. UH, THEY HAD A FACILITY ON PROBAND NOT FAR FROM HERE, AND THEY NEEDED TO EXPAND, BUILD SOMETHING NEW. UH, AND THIS WAS THE SITE THEY SELECTED. SO AS PART OF THAT REZONING PROCESS, WE DID, UM, HAVE A SITE PLAN. WE WENT THROUGH ALL OF THAT WITH THE COMMUNITY AND THEN HAD THE APPROVED ZONING. AND JUST TO NOTE, THERE ARE, AS WAS MENTIONED, OTHER COMMERCIAL USES, MORE INTENSE TYPE COMMERCIAL USES ALONG 87, UH, TO THE NORTH IN THAT LARGER FACILITY. YOU SEE IN THE UPPER RIGHT HAND OF THAT PICTURE, THAT'S ALL HEB PROPERTY IN THEIR FOSTER ROAD FACILITIES. THE NEXT SLIDE, UM, AGAIN, COMMERCIAL METAL COMPANIES. I THINK IT'S PRETTY SELF-EXPLANATORY, BUT THEY'RE A METAL RECYCLING FACILITY, SO, UM, COMPANIES, PEOPLE, ANYONE CAN BRING METAL TO THEM, THEY ACCEPT IT, BUY IT, UH, AND THEN THEY, THEY DO RECYCLE IT. NEXT SLIDE. UH, JUST THE ZONING, THE PURPLE ON THERE IS ALL THE INDUSTRIAL. THE NEXT SLIDE, THIS ONE'S HARD TO SEE, SO YOU CAN JUST GO TO THE NEXT ONE. I THINK IT'S CHALLENGING THE NEXT ONE, SO. OKAY. SO, UM, METAL RECYCLING FACILITIES ARE SUBJECT TO, UM, SPECIFIC REGULATIONS UNDER THE CITY CODE, NOT DEVELOPMENT SERVICES, NOT, UH, UDC. UM, BUT SO CHAPTER 16 OF, OF THE CITY CODE OF ORDINANCE REGULATES HOW THOSE BUSINESSES ARE OPERATED. IN. ONE MAJOR REQUIREMENT IS THAT YOU HAVE AN EIGHT FOOT SCREEN FENCE. UH, THERE'S NOTHING SPECIFIC ON THE MATERIALS IN THAT SECTION, JUST THAT IT NEEDS TO BE SOLID, UH, AND EIGHT FEET. AND SO WE HAVE THE SOLID IN THE EIGHT FEET. UM, BUT THE MATERIALS, BECAUSE IT'S NOT SPECIFIED IN THIS SECTION, REVERTS BACK TO THE UDC ON THOSE MATERIALS AND THAT'S WHERE THE VARIANCE IN THE ISSUE COMES IN. YOU CAN GO TO THE NEXT ONE. UH, SO THIS IS WHERE THE FENCE IS CURRENTLY NOW. UH, IT IS AN EIGHT FOOT CORRUGATED GALVANIZED PAINTED METAL FENCE. UM, WE THINK IT'S A VERY NICE LOOKING FENCE. I KNOW I'VE, I'VE SEEN THESE VARIANCES REQUESTS BEFORE YOU IN THE PAST ON METAL FENCING. IT'S CAPPED ON THE TOP. UM, SO THAT IS EXISTING AND YOU SAW THE PICTURE FROM THE INTERIOR TOO WITH THE, IT'S PRETTY SUBSTANTIAL IN TERMS OF STRUCTURE. UH, THE NEED FOR THAT FENCE IS NOT ONLY TO MEET THE REQUIREMENTS OF CHAPTER 16, BUT ALSO, UM, SECURITY IS A MAJOR ISSUE AT THESE TYPES OF FACILITIES. SO, UM, THE FENCING [04:10:01] IN COMBINATION WITH, UM, CAMERAS ALSO, IT'S GATED. AND THEN THEY ALSO HAVE A SECURITY GUARD WHO IS AT THE FACILITY WHEN IT'S NOT OPEN FROM 6:00 PM TO 6:00 AM SO IT'S ALL PART OF THIS PACKAGE OF KEEPING A SECURE FACILITY. NEXT SLIDE. AND GO TO THE NEXT ONE. UH, THESE WERE THE, THE PLANS, UM, OR THIS WAS PART OF THE, OF THE BILLING PERMIT PLANS WAS WITH THE FENCE MATERIAL. UM, AND THEN JUST SOME PICTURES OF THE EXISTING FENCING. UM, I, I HAVE A LOT MORE SLIDES ON THE LEGAL BASIS FOR THE REQUEST FOR A VARIANCE, BUT I WILL NOT GO THROUGH THOSE THIS EVENING UNLESS THERE ARE ANY SPECIFIC QUESTIONS. UM, SO AGAIN, THAT, THAT'S THE VIEW FROM UM, 87. THERE'S A LARGE LANDSCAPE BUFFER THAT EXISTS BETWEEN THE ROAD AND THE FENCE. I DO WANNA NOTE WE ARE REQUESTING A VARIANCE FOR, UM, SIDE, FRONT AND REAR FENCING. UM, BECAUSE THE INTENT IS ULTIMATELY TO HAVE A FENCE THAT GOES TO THE REAR AS WELL. SO WITH THAT, HAPPY TO ANSWER ANY QUESTIONS. ALRIGHT, THANK YOU. LET'S SEE IF, UH, ANY QUESTIONS AS A COURTESY, I'M GONNA, IF YOU HAVE ANY OPPOSITION TO PLEASE VET IT OUT SO WE CAN, UH, HEAR, HEAR THE OPPOSITION. OKAY. STEPH, DO WE HAVE ANYBODY SIGNED UP FOR A VOICEMAIL OR, UM, NO PUBLIC COMMENT? NO. AND NO ONE IN THE, IN THE PUBLIC COMMENT. OKAY, SO QUESTION FOR STAFF. YES. SO, SO WHAT IS THE PREFERRED FENCING, I GUESS, FOR THESE TYPES OF STRUCTURES? YOU KNOW, AS I LOOKED THROUGH JUST GOOGLING, UM, METAL, THEY'RE ALL, UH, THIS TYPE OF FENCING. SO, SO, YOU KNOW, WHAT IS THE PREFERRED FENCING FOR, YOU KNOW, FOR THIS FROM A CITY'S PERSPECTIVE? WELL, WE DON'T WANNA SAY THIS IS THE PREFERRED FENCING, BUT I THINK, UM, YOU GUYS REALIZE THAT THIS IS PROBABLY THE ONLY TIME WE'VE RECOMMENDED APPROVAL FOR A CORRUGATED METAL FENCE. UM, WE TOOK IN CONSIDERATION THE RECENT REZONING, THE NATURE OF THE PROPERTY AND THE SURROUNDING PROPERTY AND WE JUST, IF THERE'S ANYONE THAT WE WOULD RECOMMEND APPROVAL, THIS SEEMED LIKE THE SITUATION WOULD DO IT. WE'RE NOT SAYING IT'S PREFERRED, I'M JUST SAYING THE SITUATION, UM, PRESENTED ITSELF. THANK YOU MR. I GOT A QUESTION FOR THE APPLICANT. GO AHEAD MR. DEAN. IF UH, SECURITY WAS AN ISSUE, WHY DIDN'T YOU USE BOB WIRE? WE'RE NOT PERMITTED TO DO SO. IT'S NOT ALLOWED PER CODE. IT'S NOT ALLOWED MATERIAL. MR. DEAN? WELL, I DON'T KNOW. I MAY, IT'S KIND OF INDUSTRIAL. I DON'T KNOW. YOU WOULD THINK THAT SECURITY, I DON'T KNOW. HARD FOR ME, A LITTLE BIT UN UNDERSTOOD. THEY, THEY MAY HAVE CHOSEN BARBED WIRE IF THAT WAS AN OPTION, BUT IT'S NOT . THANK YOU. THANK YOU. ALRIGHT, THIS IS, UM, WE'RE CLOSE TO THE PUBLIC PORTION. I ASK AND, UH, ORIAN MR. ORIAN AND THE, AND THE PREMISE BECAUSE IT'S A METAL RECYCLING. UH, IF I RE DID I READ THAT RIGHT? UH, THAT IT'S, IT'S INTENDED TO KEEP RODENTS OUT. UH, THAT'S WHAT CHAPTER 16 OF THE CODE PROVIDES. I THINK THERE'S AN, OH, A LOT OF OLDER METAL RECYCLING, PARTICULARLY AUTO RECYCLING FACILITIES, UM, THAT THEY HAD ISSUES WITH, UM, RODENTS. AND SO THAT WAS PART OF THE REASON FOR REQUIRING THE SOLID SCREEN FENCE. YEAH, I'M GUESS I'M WONDERING IF THAT, THAT MIGHT BE THE REASON BECAUSE YOU SEE SO MANY METAL FENCES THAT METAL RECYCLING 'CAUSE WE NEED SOMETHING SUPER BEEFY TO KEEP THE YES OVERSIZED RATS OUT OF THERE. OKAY, THANK YOU. OH GOOD. ALRIGHT, MS. BREGMAN, REGARDING CASE NUMBER BO OA DASH TWO THREE DASH 0 3 0 3 3 5, I MOVE THE BOARD OF ADJUSTMENT GRANT REQUEST FOR FENCE MATERIALS TO ALLOW FOR CORRUGATED METAL FENCING ON THE PROPERTY SITUATED AT 5 8 5 5 5 7 6 5 US HIGHWAY 87. APPLICANT BEING KILL GRIFFIN AND FERMAN PLLC. BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS ESSENTIAL. LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THERE IS NO SAFETY CONCERN SURROUNDING THE AREAS. THERE IS NO SIGNIFICANT AL DEVELOPMENT. TWO, DUE TO SPECIAL CONDITIONS. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP SINCE AS THE FENCING MATERIAL WOULD ADD TO THE SECURITY OF THE PROPERTY. THREE, BY GRANTING THE VARIOUS 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 REQUEST DOES APPEAR TO BE IN THE SPIRIT OF THE ORDINANCE AS THE PROPERTY IS SURRENDERED BY MAINLY INDUSTRIAL AND COMMERCIAL USES. THE PROPERTY WAS RECENTLY REZONED WITH SPECIFIC USE AUTHORIZATION FOR METAL RECYCLING. ENTITY WITH OUTSIDE STORAGE AND OR PROCESSING FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION AND ABUSE. ALTHOUGH THOSE [04:15:01] 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 NOW 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 WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES AS A REQUEST IS NOT HINDERING THE APPROPRIATE USE OF THE ADJACENT PROPERTIES. THE CORRUGATED METAL WILL ENHANCE THE ESSENTIAL CHARACTER OF THE PROPERTY AND SURROUNDING AREA. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY, WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF THE GENERAL CONDITION OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY, WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS THE SURROUNDING AREA USES AND THE NATURE OF THE FACILITY. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION. SECOND. SECOND, MS. CAMON. ALRIGHT, UH, MS. KAPLAN, UM, RIGHT. WOULD YOU LIKE TO HAVE ME? IT'S BEEN A LONG DAY. MR. RAGMAN, WOULD YOU LIKE TO HAVE ANY COMMENT ON THAT? YES, MR. OZUNA. THANK YOU. . YES. UM, I'LL BE IN SOME MORE OF THE MOTION. UH, IT'S A NICE LOOKING FENCE. IT'S CAPPED WELL, UH, IT CERTAINLY DOES PROVIDE SECURITY. UH, AND THERE'S OBVIOUSLY NO OPPOSITION FROM THE SERENITY AREA, SO I'LL BE IN SUPPORT. I AGREE. LET'S TAKE MANNA. MR. MANNA. IT'S IMPORTANT TO KEEP OUT THE R OSS ROS'S TOO. CONCUR. ALRIGHT, LET'S GO AHEAD AND TAKE A ROLL CALL. VOTE. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER KAPLAN. I CONCUR. COMMISSIONER BARTON. I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER ZUNIGA? COMMISSIONER ZUNIGA. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BEAVIS? I CONCUR. COMMISSIONER ORIAN? YES, I CONCUR. COMMISSIONER ZUNIGA, THUMB UP. THUMBS UP. CHAIR ZUNA? YES. UH, I CONCUR WITH 10 IN FAVOR. UH, ZERO IN OPPOSITION. I DIDN'T VOTE. MS. CRUZ. OH, MS. CRUZ. MS. CRUZ, I'M SORRY. THAT'S OKAY. I, I CONCUR. THOUGHT I CAN. OKAY. IN CONCURRENCE, NONE IN OPPOSITION. THE VARIANCE HAS READ PASSES. GOOD LUCK WITH THE PROJECT. ALRIGHT, WE'RE ON THE HOME STRETCH HERE. WE LAST CASE. THANK YOU ASHLEY. ARE YOU THE TIME IS, UH, FIVE 30. MS. CRUZ WILL BE LEAVING. WE'RE DOWN TO NINE MEMBERS ON THE BOARD HERE. SO YOU GIVE HIM THE OPTION YEAH. AS WE LISTEN TO THE CASE. ALL RIGHT. UM, FINAL ITEM IS BO A 23 1 0 3 0 3 37 LOCATED AT 2245 TEXAS AVENUE, DISTRICT 10 APPLICANT BEING GABRIEL MENDOZA, MENDOZA. REQUEST FOR A SEVEN FOOT SIX INCH VARI FOR THE MINERAL 10 FOOT FRONT SETBACK TO ALLOW TWO FOOT SIX INCH FRONT CARPORT, SETBACK AND A THREE FOOT SIDE, UH, THREE FOOT VARI FOR THE MINERAL. AND FIVE FOOT SIDE SETBACK TO ALLOW TWO FOOT SIDE SETBACK ZONED. R FOUR RESIDENTIAL SINGLE FAMILY SAID THEY'RE PROPERTY LOCATED JUST SOUTH OF THE INTERSECTION OF BANDERA ROAD AND NORTH GENERAL MCMULLEN DRIVE LOCATED IN THE WOODLAWN LAKE RESIDENTIAL AREA. THE PROPERTY IS, UH, ADDED TO THE EXISTING, ADDED TO THE EXISTING CARPORT. UH, PROVIDE ADDITIONAL ROOM UNDER THE CARPORT. THE CURRENT CARPORT CAN FIT TWO VEHICLES AND ADDITIONAL WILL PROVIDE A COVER OF PARKING FOR TWO ADDITIONAL VEHICLES. THE PROPERTY OWNER BEGAN BUILDING THE ADDITION TO THE CARPORT WITHOUT A PERMIT, BUT WAS STOPPED BY, CITED BY CODE COMPLIANCE. THIS IS THE SITE PLAN SHOWING THE ADDITION TO THE CARPORT IN THE FRONT, IN FRONT OF THE PROPERTY, THE ACTUAL CARPORT AND THE SURROUNDING AREA. STAFF RECOMMEND THAT NOW ON BO OA 2 3 1 0 3 0 0 3 3 7 BASED ON THE FOLLOWING FINDINGS OF THE FACT THAT PROPOSED VARIANCES ARE CONTRARY TO PUBLIC INTEREST AND WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND TO REDUCE SETBACK AND INJURY, THE APPROPRIATE CONFORMING USE OF THE ADJACENT PROPERTIES AS DAMAGE CAN BE CAUSED TO THE NEIGHBORING YARD AND REDUCED FRONT SETBACK. WILL INTRODUCE, WILL BE INTRODUCED TO THE AREA THREE A NOTICES WERE MAILED OUT, NO RESPONSE IN FAVOR OR OPPOSITION OR FROM THE WOODLAWN LAKE NEIGHBORHOOD ASSOCIATION. AND THAT CONCLUDES STAFF'S PRESENTATION. ALRIGHT. DOES SEE HAVE ANY QUESTIONS FOR STAFF? YEAH. UM, I, MS. BRAGMAN? YEAH, YOU READ OFF COUNCIL DISTRICT 10, BUT I BELIEVE IT'S COUNCIL DISTRICT SEVEN. I'M SORRY, [04:20:01] SAY NO, IT'S JUST SEVEN. ALRIGHT, ANY QUESTIONS FOR STAFF? HOW WAS THIS, UH, BROUGHT TO YOUR ATTENTION CODE COMPLIANCE? STOPPED THEM IN DURING CONSTRUCTION. ALRIGHT. YOU'RE NOT ASK THE APPLICANT, UH, TO PLEASE COME FORWARD MR. MENDOZA. AND THANK YOU FOR YOUR, UH, PATIENCE HERE TODAY, SIR. OKAY. HELLO, MY NAME IS GABRIEL MENDOZA. I LIVE 2245 TEXAS AVENUE AND THE REASON I WAS BUILDING THAT COURT BOARD IS FOR PROTECTION FOR MY VEHICLES AND, UH, YOU KNOW, WHEN IT RAINS AND HEALTH DAMAGE AND ALL THAT. SO, BUT THEN, UH, AND THEN MY, MY FAULT 'CAUSE I DIDN'T GET THE PERMIT FOR THAT COMPLETED. DID YOU, DID YOU HAVE A CONTRACTOR THAT WAS BUILDING IT OR? YEAH, IT WAS THIS GUY AND TWO GUYS WHO WERE BUILDING IT WASN'T A CONTRACTOR. OKAY, SO THEY NO, THEY WERE UNDER YOUR GUIDANCE RIGHT, AS TO THE PERMIT? YEAH. AND THEN, UH, WELL COMPLETELY, I FORGOT ABOUT THE PERMIT. SO CO COMPLIANCE GOT THERE. OKAY. LET'S SEE IF WE HAVE ANY FURTHER QUESTIONS. I KNOW ONE BIG ISSUE IS GUTTERS, YOU KNOW, THEY WANT TO KEEP THE WALK. YEAH. WE'RE GONNA PUT GUTTERS. OKAY. MM-HMM, . UM, AND LET'S SEE IF WE HAVE ANY QUESTIONS FOR YOU MR. OSA. ANY QUESTIONS FOR THE APPLICANT? SO, MANANA. SO I GUESS A QUESTION, YOU KNOW, AS I DRIVE THROUGH THE COMMUNITY, I DON'T SEE A, A, YOU KNOW, THAT MANY CARPORTS MM-HMM. . SO, SO THIS IS KIND OF UNIQUE, UM, IN THAT REGARDS. UM, SO WHAT IS A DISTANCE, UH, FOR THAT POLE TO THE, UH, I GUESS TO, TO THE APRON? THERE? DO, DO YOU KNOW WHAT ABOUT THE DISTANCE IS THERE ON THE SIDE OR SO COMING FROM THAT FRONT POLE TO THAT APRON? SO YEAH, I DON'T, 'CAUSE I DON'T HAVE, UM, YOU MEAN THE SIZE OF THE WHITE? SO, WELL, I GUESS THAT YEAH, THE REST, YEAH, THE REST POINT THERE TO THAT, TO THAT APRON. GENERALLY THAT'S THE, THAT'S THE START OF THE, THE, YOUR PROPERTY THERE IS DRILLING AT THAT APRON, SO IT LOOKS LIKE JUST A FEW INCHES. YEAH. AND IT, I THINK IT'S ABOUT, UH, FROM THAT APRON, I THINK IT WAS ABOUT THREE FEET, IF I'M NOT MISTAKEN. SO, SO AS I DRIVE THROUGH THE COMMUNITY, I SEE SEVERAL THAT ARE CLOSER TO LIKE FIVE FEET AWAY. AND I GUESS A QUESTION I'D ASK IF, IF WE ASKED YOU TO MOVE IT FIVE FOOT BACK, WOULD THAT PRESENT A, AN, AN ISSUE? YEAH. 'CAUSE I WON'T HAVE ENOUGH ROOM FOR, FOR THE TWO CORDS. WELL, I GOT MY, MY COMPANY VAN TOO, SO COULD YOU SPEAK OF THE MICROPHONE? SORRY, IT'S HARD TO OH YEAH, BECAUSE, UH, IF I MOVE IT, LIKE YOU SAID, FIVE FEET, THAT PULSE RIGHT THERE, I'M NOT GONNA HAVE ENOUGH ROOM. SO, SO PART OF THE DIALOGUE ABOUT FIVE FOOT, THE REASON WHY THAT I THINK COMES UP TO, COMES UP IN DIALOGUE IS IF WE PUSH IT BACK FIVE FOOT, THEN YOU CAN HAVE AN OVERHANG AND THE OVERHANG ISN'T COUNTED. AND SO, SO IT PROVIDES YOU, YOU CAN STILL HAVE SOME SPACE FROM THAT IF I'M CORRECT. UM, SO IF I COME BACK FIVE FEET, THEN I THINK, IS THAT TRUE? BECAUSE RIGHT NOW IT'S, SO THE OVER, OH, SORRY. SO THE OVERHANG, UH, IF YOU, IF YOU PUSH IT TO FIVE FEET, THE OVERHANG CAN GO ANOTHER TWO FEET WITHOUT, UM, SO, SO DOES THAT MAKE SENSE WHAT I'M SAYING? SO IF WE PUSH THE POLES BACK A LITTLE BIT, THEN YOU STILL CAN HAVE AN OVERHANG AND, AND STILL PROVIDE MORE SHADE. BUT, BUT ESSENTIALLY BE THREE FOOT BACK FROM THAT LINE THEN YOU, YOU'RE TALKING ABOUT THE FRONT, THE SIDE. THE FRONT. IN THE FRONT. SO IN THE FRONT, THE ONE COMMISSIONER, CAN YOU USE YOUR MICROPHONE? THE ONE THAT'S CLOSEST TO THE ROAD? WHAT WE'RE SAYING YEAH. GOES TO IS IF YOU PUSH THAT BACK FIVE FEET TO LIKE WHERE THE CAR IS. MM-HMM. YOU CAN THEN HAVE A TWO FOOT OVERHANG. OH, OKAY. MEANING, SO EVEN THOUGH YOU PUSH IT BACK FIVE FEET, FIVE FEET, YOU'RE REALLY ONLY LOSING THREE FEET. OKAY. YEAH, I CAN DO THAT. UM, FINE. SO ON THE SIDE IT'S FINE, JUST THE FRONT. I HAVE TO PUSH IT FIVE FEET AND, AND YOU'LL DO GUTTERS? YEAH. GOT IT. SORRY. ARE YOU, UH, FOR THE APPLICANT, ARE YOU GOING TO KEEP THE CURRENT CARPORT YOU MEAN? UH, YEAH. YES. YES SIR. AND, AND IS THE NEW CARPORT CONNECTED TO THE EXISTING CARPORT? NO, IT'S NOT GONNA BE CONNECTED. OKAY. OKAY. THANK YOU. THANK YOU MR. DORY. YOU'RE WELCOME. ANY OTHER QUESTIONS FOR THE APPLICANT? OKAY, HEREIN NONE. UM, WOULD YOU LIKE TO ADD ANYTHING BEFORE WE CLOSE THE PUBLIC PORTION? SO, NO, THAT'S IT. OKAY, THANK YOU. WE DO HAVE ONE, UH, VOICEMAIL. OKAY. I'M SORRY. GIVE THE OPTION THERE'S ONLY YES. [04:25:01] MY NAME IS DAVID HERNANDEZ AT 2249 TEXAS AVENUE. UH, REGARDING CASE NUMBER 0 3 3 7, UM, I'M CALLING TO SAY THAT I AM IN FAVOR OF THE PA OF THE RESIDENT AT 2245 TEXAS AVENUE'S REQUEST. UM, AND I'M IN FAVOR OF IT. SO MY PHONE NUMBER IS ZERO S AREA CODE 2 1 0 4 1 6 3 9 8 2. AGAIN CALLING IN REGARDS TO CASE NUMBER 0 3 3 7 AND SAYING THAT I AM IN FAVOR OF HIS REQUEST. THANK YOU. HAVE A GOOD DAY, ALRIGHTYY. THANK YOU. THANK YOU SIR. LET'S SEE IF WE, UM, UH, HAVE A MEMBER OF THE BOARD CAN MAKE A MOTION. MS. KAPLAN, WOULD YOU LIKE TO? ALRIGHT, WELL, MS OR, OR I CAN MANNA MANNA MANNA REGARDING CASE NUMBER BO 8 2 3 1 0 3 0 0 3 3 7. I MOVED AT THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A FIVE FOOT VARIANCE FOR THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A FIVE FOOT FRONT CARPORT, SETBACK, MR. DEAN AND THREE FOOT VARIANCE FROM THE MINIMUM, UH, FIVE FOOT SIDE SETBACK TO ALLOW TWO FOOT CARPORT SIDE SETBACK, UH, UM, WITH A CARPORT TO INCLUDE GUTTERS SITUATED AT 2, 2, 4, 5 TEXAS AVENUE APPLICANT BEING GABRIEL MENDOZA BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE EDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THIS REQUEST WOULD NOT BE CONTRARY TO PUBLIC INTEREST AS IT LEAVES SUFFICIENT ROOM ON THE SIDE IN FRONT OF THE PROPERTY FOR ANY REQUIRED MAINTENANCE AND ENOUGH SEPARATION TO PREVENT ANY INTRUSION OF ELEMENTS. TWO, DUE TO SPECIAL CONDITIONS THAT LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIAL CONDITIONS EXIST ON THE PROPERTY AS THERE IS NOT SUFFICIENT ENOUGH SPACE FOR CARPORT TO COVER THE PROPERTY OWNER'S VEHICLES. 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 TO PROVIDE SEPARATION BETWEEN STRUCTURES AND PROPERTY LINES. THE ADDITION TO THE CARPORT ABUTS THE NEIGHBOR'S OPEN YARD WITH NO STRUCTURE LOCATED ON IT. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN ZONING DISTRICT IN WHICH THIS VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED. IF GRANTED, THE VARIANCE REQUEST WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES AS THERE IS NOT STRUCTURE, AS THERE IS NOT A STRUCTURE ABIDING THE LOCATION OF THE CARPORT ADDITION SIX APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO A RESULT OF GENERAL CONDITIONS IN DISTRICT IN WHICH THIS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH HIS VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS LIMITED SPACE TO PROVIDE ADEQUATE COVERED PARKING AND MOTION. SECOND. SECOND. AS A COURTESY TO THE APPLICANT, I KNOW WE'RE DOWN TO NINE MEMBERS HERE TODAY. UH, IF THERE'S ANY OPPOSITION TO THE VARI, UH, TO THE MOTION, I'D LIKE TO HEAR THAT OPPOSITION TO AT LEAST PROVIDE AN OPPORTUNITY FOR A CONTINUING TO THIS CASE WHEN WE HAVE THE FULL 11 MEMBERS AND PANEL. SO, UM, THAT'S A COURTESY AND THAT'S WHAT I WOULD REQUEST FOR THE BOARD, ANY OF THE MEMBERS. SO, UM, IF YOU HAVE CHAIR, UH, CAN, CAN YOU, CAN YOU HAVE, UH, COMMISSIONER MANNA CLARIFY OR COMMISSIONER MANNA? CAN YOU CLARIFY WHAT THE CHANGE YOU MADE? YOU WENT TO A FIVE FOOT VARIANCE FROM THE 10 FOOT FRONT AND THE TWO FOOT VARIANCE FROM THE SIDE? UH, I LEFT THE TWO THE SAME AS WHAT'S STATED. OKAY. IN, IN THE, IN THE DIALOGUE, BUT I DID CHANGE THE, UM, THE FRONT TO BE FIVE FOOT. ALL RIGHTY. THANK YOU ALRIGHTYY. AND SAME, SAME, UH, COMMENTS APPLY. SO, UM, IF WE COULD GO AHEAD AND TAKE A ROLL CALL VOTE. SO WHAT COMMENTS? OH YES, I'M SORRY. COULD YOU SAY SOMETHING? YEAH, PLEASE, PLEASE. THANK YOU. SO, UM, YEAH, SO, SO, SO WE JUSTICE A LITTLE BIT, UM, AND SIMPLY 'CAUSE AS I LOOK DOWN THE SAME STREET, I DO SEE SEVERAL OTHER CARPORTS THAT ARE KIND OF ALIGNED LIKE THIS. SO, SO IT'S NOT OUT OF, OUT OF, UM, UM, CONSISTENCY WITH, UH, THE OTHERS NEIGHBORHOOD. ALSO BEING THAT THE NEIGHBORHOOD ASSOCIATION, WHICH IS GENERALLY PRETTY VOCAL, DIDN'T REALLY OPPOSE OR DIDN'T PRESENT ANY POSITION, UM, YOU KNOW, WE'RE, WE'RE KINDA MAKING SOME DECISIONS FOR THEM HERE. AND SO I THINK THIS IS A GOOD DIALOGUE AND A GOOD COMPROMISE HERE. SO I'LL BE VOTING IN FAVOR. I WILL ALSO BE VOTING IN FAVOR OF THE MOTION AS AMENDED. ALL RIGHTY. ANY OTHER COMMENT? HEARING NONE. LET'S GO AHEAD AND TAKE A ROLL CALL VOTE. COMMISSIONER MANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER KAPLAN, I CON, I CON FINDINGS OF FACT. COMMISSIONER BURTON. I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER ZUNIGA. THUMBS UP. ZUNIGA. COMMISSIONER BEES. I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER ORIAN? [04:30:01] YES. CHAIR UNA? YES, I CONCUR WITH NINE IN FAVOR. ZERO OPPOSITION. THE VARIANCE PASSES AS READ. THANK YOU SIR. UH, PLEASE GET WITH STAFF. THERE WERE SOME CHANGES THAT THEY'VE MADE TO THE ORIGINAL REQUEST AND WE'LL BE ABLE TO HELP YOU OUT. ALRIGHT, THANK YOU. THANK YOU SIR. ALRIGHTYY, NOW WE GO TO I GUESS THE MINUTES, UH, DIRECTORS REPORT. YEAH, DIRECTORS REPORT THE MINUTES. I KNOW WE HAVE SOME CHANGES THAT MR. BARRINGTON HAS, UH, COMMENTS ON. YEAH, I HAVE A PROBLEM, UH, APPROVING THE MINUTES AT THIS POINT WITHOUT HAVING THE OPPORTUNITY TO REVIEW, UH, A REVISED DRAFT. UH, BECAUSE THE, UH, THE PROBLEMS THAT I SAW IN WHAT WAS CIRCULATED, UH, TO US ON THURSDAY ARE SUFFICIENTLY, UH, SEVERE. UH, SEVERE AND NUMEROUS THAT UM, I'M JUST NOT COMFORTABLE APPROVING THEM WITHOUT THE OPPORTUNITY TO LOOK AT THE REVISIONS. THAT'S NOT A PROBLEM. WE CAN PREPARE THEM FOR THE NEXT MEETING. AND Y'ALL CAN CON CONSIDER 'EM THEN. MM-HMM? ? YEAH. DO A DOUBLE AT THE NEXT MEETING. MM-HMM? ? YEAH, I ALS UH, COMMISSIONER, UH, ORIAN. I ALSO WANTED TO ADD, I REVIEWED AND, AND MADE REVISIONS. UH, BUT IT WAS, YOU KNOW, DUE TO THE HOLIDAY, EVERYTHING KIND OF GOT OUT REAL LATE. SO I DON'T THINK WE ALL HAD AN OPPORTUNITY TO LOOK AT THE REVISED VERSION, BUT, BUT I KNOW REVISIONS WERE SUBMITTED AND I THINK STAFF DID MAKE THEM, UH, THIS MORNING, RIGHT? YES. THIS, THE CHANGES WERE MADE. OKAY. SO, ALRIGHT. ALRIGHT. ANY OTHER BUSINESS BEFORE THE BOARD? NO, SIR. AND THAT'S ALL WE HAVE. COURT. ALRIGHT, MS. 5 44, THE BOARD OF ADJUSTMENTS IS ADJOURNED. THANK YOU. * 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.