* 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. 6, 7, 8, 9, 10. [00:00:07] ALL RIGHT. IT'S, UH, LET ME KNOW, UH, WHEN WE'RE READY RECORDING AND WE'LL GET STARTED. ALL RIGHT. SO IT IS ONE O'CLOCK AND I'M CALLING THE MEETING OF THE BOARD OF ADJUSTMENTS. TO ORDER STAFF, IF YOU COULD PLEASE CALL ROLL. COMMISSIONER BARTON. HERE. COMMISSIONER KAPLAN. HERE. COMMISSIONER BONIS. COMMISSIONER DEAN PRESENT. COMMISSIONER CRUZ. HERE. COMMISSIONER ZUNIGA. COMMISSIONER MANNA. PRESENT. COMMISSIONER BRAGMAN. COMMISSIONER BENAVIDES. PRESENT. COMMISSIONER VASQUEZ. PRESENT. COMMISSIONER BONNI. PRESENT. COMMISSIONER ZUNA. PRESENT CHAIR ORIAN. AND I'M PRESENT. SO WE HAVE 10 SITTING AT THIS TIME. UH, SO WE HAVE A QUORUM. IF WE CAN HAVE THE SPANISH INTERPRETER COME OUT, PLEASE TO GIVE THEIR PRESENTATION. GOOD AFTERNOON. THANK YOU SO MUCH. THANK YOU. IF EVERYONE COULD PLEASE JOIN ME IN THE PLEDGE OF ALLEGIANCE, I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES. UNITED STATES AMERICA. ONE NATION UNDER TEXAS. ONE STATE. ONE, ONE UNDER. WE NEED THAT LITTLE CUE CARD. YOU CAN'T SEE IT, BUT IT'S ON THE SIDE. OH, YEAH. [ Briefing and Possible Action on the following items  ] ALRIGHT. ALL RIGHT. SO BEFORE WE PROCEED WITH TODAY'S CASES, I WOULD LIKE TO OFFER A FEW WORDS OF EXPLANATION. UH, THE BOARD FOLLOWS AN AGENDA, WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS. FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT. LASTLY, AS CHERYL WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS, I ASK THAT THE BOARD MEMBER SUBMIT THESE ANNOUNCEMENTS TO ME AS A CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING. WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL. THE BOARD IS SUPPORTED BY THE MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELEASE SOUGHT AND DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE IN AN, IN AN ADVISORY IN AN APPELLATE CAPACITIES OF THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES AND REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 5. IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY, EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT ORS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD. ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER. AFTER EVERYONE HAS HEARD THE CASE, IT'LL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION. IN ORDER FOR A MOTION TO CARRY. IT REQUIRES A CONCURRING VOTES OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES. THE BURDEN OF PROOF AND GRANTING THE RELIEF SAW RESTS WITH THE RESTS WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISIONS OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL. SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S. DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. PLEASE LIMIT YOUR PRESENTATION AND REMARKS OF THE PERTINENT FACTS OF YOUR CASE STAFF. GOOD AFTERNOON. STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION AT A REQUEST. PRIOR PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR VARIANCE OR SPECIAL EXEMPTION OR APPEAL AND PROPERTY WITHIN 200 FEET OF THE SUBJECT. PROPERTY CHECK MARKS INDICATE THOSE PROPERTY OWNERS IN FAVOR OF THE REQUESTS AND X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION. FOLLOWING THIS PRESENTATION AND ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST. FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST A PROPOSED VARIANCE, SPECIAL EXEMPTION OR APPEAL. YOU'LL BE CALLING [00:05:01] THE ORDER THAT YOU SIGN UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED MAXIMUM THREE MINUTES PER SPEAKER AND YOU ARE NOW OBLIGATED TO USE THE MAXIMUM TIME LIMITATION FOR THOSE I WOULD LIKE TO GIVE WITH THEIR TIME TO A SPEAKER. THAT SPEAKER WILL BE ALLOTTED MAXIMUM TWO PEOPLE GIVEN OUT THEIR TIME FOR A TOTAL OF NINE MINUTES. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU, CHAIRMAN. ALRIGHT, SO THE FIRST ITEM IN THE AGENDA IS ELECTION OF OFFICERS. UH, WE'RE REQUIRED TO DO THIS IN JANUARY FOLLOWING CITY COUNCIL ELECTIONS. UM, WE'LL FIRST DO CHAIR, UH, VICE CHAIR, AND THEN PRO TEM. AND AT THIS TIME I'LL BE TURNING THIS OVER TO A MEMBER OF STAFF TO, TO RUN THE ELECTION. THANK YOU, MR. CHAIR. ALL RIGHT. SO FIRST WE ARE TAKING NOMINATIONS IN CONSIDERATION FOR A, UH, VICE CHAIR. WHO, FOR THE CHAIR. SO I NOMINATE, UH, DONALD OR ORIAN FOR A CHAIR. DONALD OR ORIAN HAS BEEN NOMINATED FOR CHAIR. SECOND, SECOND. SECOND. WERE WHO WAS THIS, THE, THE SECOND YOU SECOND IT. OKAY. VERY GOOD. THANK YOU. I'M SORRY, . THERE'S VERY GOOD. ALL IN FAVOR SAY AYE. AYE. ANY OPPOSED? ANY OPPOSED? ALRIGHT. NOW FOR VICE CHAIR, ANY NOMINATIONS? AYE. NOMINATE ANDREW OZUNA. OKAY. MR. OZUNA HAS BEEN NOMINATED BY MS. KAPLAN. SECOND. MS. BENAVIDES HAS SECONDED. ARE THERE ANY OTHER NOMINATIONS? VERY GOOD. UH, ROLL CALL VOTE. I'M SORRY. ALL IN FAVOR. AYE. AYE. AYE. AYE. ANY OPPOSED? MOTION CARRIES. AND I, I'M SO USED TO, UH, DEZ DOING THIS, SO THANK YOU FOR ACCOMMODATING ME. AND NOW FOR PRO TEM. ANY NOMINATE NOMINEES FOR PRO TEM? I NOMINATE, UH, MS. BRAGMAN. MS. BRAGMAN HAS BEEN NOMINATED AND, UH, MS. BENAVIDEZ SECONDED. ANY OTHER NOMINATIONS? ALL THOSE IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? MOTION CARRIES. ALRIGHT, CONGRATULATIONS. IT'S CHAIR ORIAN. ALRIGHT, UH, THANK Y'ALL FOR, UH, BELIEVING IN ME FOR ANOTHER TERM. SO, UH, WITH THAT ITEM NUMBER, UH, TWO, UH, IS A CASE THAT HAS BEEN REQUESTING A CONTINUANCE, I BELIEVE. DO WE, CAN WE JUST GO STRAIGHT TO A MOTION OR DO WE NEED TO HEAR A PRESENTATION THAT, THAT'S BEING A CONTINUED ISSUE? YOU CAN JUST DO THE CONTINUATION. WE'RE LOOKING FOR A MOTION TO FEBRUARY 19TH, WE HAVE ANYBODY TO SPEAK FOR. GOOD IDEA. IS THERE ANY ONE SIGN UP TO SPEAK OR ANY, UH, VOICEMAILS? WE HAVE ONE VOICEMAIL. OH, LET'S HEAR IT. WHILE THEY'RE DOING THAT, UM, BEFORE THEY PLAY IT, I JUST WANNA NOTE THAT THIS IS ITEM, UH, NUMBER TWO AND IT ENDS IN, OR IT'S BOA CASE 23 1 0 3 0 0 2 6 3. THANK YOU. THANK YOU. THIS IS KATE RUMAN, FIRST VICE PRESIDENT CONSERVATION SOCIETY OF SAN ANTONIO, 1 0 7 KING WILLIAMS STREET, TWO TEN TWO TWO FOUR SIX ONE SIX THREE. REGARDING ITEM NUMBER 2 6 20 SOUTH PRESO, THE CONSERVATION SOCIETY OF SAN ANTONIO SUPPORTS THE HISTORIC DESIGN AND REVIEW COMMISSION'S DENIAL OF THE APPLICANT'S REQUEST TO USE EXTERIOR INSULATION AND FINISHED SYSTEMS MATERIAL AS CLADDING ON THIS HISTORIC BUILDING. BECAUSE THE PROPOSED TREATMENT IS INCONSISTENT WITH THE HISTORIC DESIGN GUIDELINES, THIS APPLICANT DID EXTENSIVE WORK OUTSIDE THE SCOPE OF THEIR BUILDING PERMIT IN JULY, AUGUST, AND SEPTEMBER, AND IS NOW ASKING YOU TO APPROVE ILLEGAL WORK, CREATING EXCEPTIONS TO THE GUIDELINES, WEAKENS THE INTEGRITY OF BOTH THE HISTORIC BUILT ENVIRONMENT AND THE PROCESS DESIGNED TO PRESERVE IT. WE URGE YOU NOT TO APPROVE THIS DISREGARD FOR CITY POLICIES AND PROCEDURES. THANK YOU. THAT'S ALL THE PUBLIC COMMENT. ALRIGHT. I UNDERSTAND IF THE APPLICANT CAN COME FORWARD AND JUST, UH, OR YOU CAN JUST TELL ME WHAT DATE YOU'RE LOOKING FOR. THE 19TH. CORRECT. THANK YOU. UH, CAROLINE MCDONALD WITH BROWN MCDONALD HERE ON BEHALF OF THE APPLICANT. UH, RESPECTFULLY REQUESTING A CONTINUANCE TO FEBRUARY 19TH FOR THIS ITEM. ALL THANK YOU VERY MUCH. IS THERE A MOTION ON SOMEONE'D LIKE TO MAKE FOR THAT MOTION? COMMISSIONER ZUNA? NO. REGARDING CASE NUMBER BO OA 23 [00:10:01] DASH 0 3 2 63, I MOVE FOR A CONTINUANCE TO FEBRUARY 19TH. SECOND. SECOND BY COMMISSIONER KAPLAN. I HAVE A ALL IN FAVOR SAY AYE. AYE. AYE. ANY AYE. ANY OPPOSED? HEARING NONE. IT HAS BEEN CONTINUED TO THE 19TH. ITEM THREE, PLEASE GO REAL FAST TODAY. NO, MIKE'S GONNA BE GREAT. ALL RIGHTY. UH, ITEM THREE IS BO O 8 23 1 0 3 0 0 3 20. LOCATED AT 1618 WOODHAM AVENUE, DISTRICT FIVE APPLICANT BEING MARIA GUADALUPE, UH, DETE. I REQUEST FOR A THREE FOOT SPECIAL EXEMPTION FOR THE MAXIMUM THREE FOOT PRIVACY FENCE TO ALLOW SIX FOOT PRIVACY FENCE IN THE FRONT YARD AND A FIVE FOOT VARIANCE FOR THE MINIMUM OF 15 FOOT CLEAR VISION TO ALLOW A 10 FOOT DRIVEWAY CLEAR VISION ZONING IS R SIX. SUBJECT PROPERTY LOCATED ALONG WINHAM AVENUE, SOUTH OF WEST, SOUTH CROSS BOULEVARD, NORTH OF SOUTHWEST MILITARY DRIVE. APPLICANT HAD REQUESTED A THREE FOOT SPECIAL EXEMPTION FROM THE FRONT YARD FENCE HEIGHT REQUIREMENT TO ALLOW SIX FOOT PRIVACY FENCE. ADDITIONALLY, A CLEAR VISION VARIANCE FOR A 10 FOOT DRIVEWAY. CLEAR VISION PROPERTY OWNER HAD A FENCE BUILT WITH NO PERMIT AND WAS CITED BY CODE ENFORCEMENT. THE PROPERTY IS FLANKED BY COMMERCIALLY ZONED LOST. HOWEVER, THE LOT TO THE EAST APPEARS TO BE A SINGLE FAMILY DWELLING. THE COMMERCIAL PROPERTY TO THE WEST RECENTLY APPLIED FOR A FENCE PERMIT. HOWEVER, THE PLANNED FENCE WAS PROJECTED TO BE FIVE FOOT PREDOMINANTLY OPEN. IT'S A COPY OF THE SITE PLAN AND THE SUBJECT PROPERTY. MM-HMM. STAFF APPROVAL AND BO OA 23 1 0 3 0 0 3 20 FOR THE CLEAR VISION VARIANCE. UH, BASED ON THE FOLLOWING FINDING OF OF FACT, VEHICLE OF TRAFFIC WILL NOT BE OBSTRUCTED WITH THE REDUCED CLEAR SETBACK AND THE REDUCED CLEAR VISION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. AND THE STAFF RECOMMENDS THAT DENIAL AND DEFENSE HEIGHT, SPECIAL EXEMPTION, THE REQUEST TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS NO OTHER PROPERTIES IN THE IMMEDIATE AREA HAVE FENCES EXCEEDED THE REGULATIONS OF THE UNIFIED DEVELOPMENT CODE AND REQUEST OF INJURY. APPROPRIATE USE OF SURROUNDING PROPERTIES FOR, UM, RECEIVED IN FAVOR, ZERO OPPOSED. AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION. THIS CASE WAS CONTINUED FROM THE 8TH OF JANUARY, 2024 AND THE APPLICANT IS PRESENT. ALL RIGHT. LET'S HAVE THE APPLICANT COME FORWARD PLEASE. GOOD AFTERNOON. HELLO, SIR. APPRECIATE YOU SPACE. LITTLE SLOW. IT'S OKAY. IF YOU COULD TELL US YOUR NAME AND, AND TELL US ABOUT YOUR PROJECT. THIS IS MARIA. I JUST SPEAK THIS. SHE'S THE, SHE'S THE OWNER. OKAY. SHE HAS, UH, SHE'S PROBABLY GONNA NEED A TRANSLATOR. SURE. LET'S GET THE, UH, EXPANSION. TURN AROUND HERE PLEASE. AND SIR, WHEN YOU SPEAK INTO THE MICROPHONE, IF YOU COULD GET CLOSER SO THAT WE COULD HEAR YOU, THAT'D BE GREAT. OKAY. , WE APPRECIATE Y'ALL TIME. THE FENCE. YOU CAN START WITH YOUR NAME AND ADDRESS PLEASE, SIR. FIRST NAME IS FORESTS. LAST NAME OF NORTHERN. I LIVE AT 16. 18. WHITMAN ALSO. MM-HMM. . UM, THIS FENCE WAS PUT UP IN RESPONSE TO AN INCIDENT WE HAD ON MOTHER'S DAY IN 2010. WE HAD A HOME INVASION. UH, IT WAS PRETTY SERIOUS. UM, THIS WAS WITH GUNS. MM-HMM. . AND, UH, AT THAT, I BELIEVE BOTH OF US AT THAT POINT IN TIME PERIOD FOR OUR LIVES. UM, THIS FENCE HAS BEEN UP FOR A WHILE. THIS IS A HIGH, UH, THERE'S BEEN SEVERAL INCIDENTS IN THIS AREA. THE REASON FOR THE NEIGHBOR PUTTING A FENCE NEXT DOOR, WHICH IS THE, I BELIEVE IT'S 1630, UH, WHICH IS THE DAYCARE CENTER BECAUSE THEY'VE HAD A LOT OF INCIDENTS OF PEOPLE BREAKING IN THEIR, IN THEIR PREMISES. ALSO, I KNOW THAT'S NOT OUR PLACE, BUT I'M JUST GIVING THIS INDICATION OF THIS, UH, AESTHETICALLY THIS IS PROBABLY, UH, THE BEST LOOKING FENCE IN THIS NEIGHBORHOOD. UH, I'VE GOT PICTURES OF OTHER FENCES IN THE NEIGHBORHOOD. THEY'RE PRETTY RUNDOWN AND THEY'RE PRETTY BAD. THEY INCLUDE, THEY INCLUDE SOME, YOU KNOW, GRAFFITI ON, ON THEIR FENCES. WE TRY TO TAKE CARE OF OUR OURSELF THERE. UM, HOWEVER, OUR MAIN CONCERN IS OUR SAFETY AND WELLBEING. WE'RE, WE'RE TERRIFIED TO LIVE THERE WITH THE LOWER FENCE THAT WOULD ALLOW PEOPLE TO COME ACROSS THERE. OKAY. UM, LET'S SEE IF WE HAVE ANY QUESTIONS. UM, IS THERE ANY QUESTIONS FOR THE APPLICANT? MANNA COMMISSIONER MANNA? SO ONE OF THE QUESTIONS, THIS IS OVER HERE. I'M OVER HERE. THERE YOU GO. OH, OKAY. THERE WE GO. I'M SORRY. I'M SORRY. NO WORRIES. UM, SO, SO PART OF THE DIALOGUE IS, YOU KNOW, THE HEIGHTS OF THE FENCE [00:15:01] AND THEN BEING ABLE TO SEE THROUGH IT. AND SO ONE OF THE QUESTIONS IS, WOULD A FENCE THAT WAS AS HIGH, BUT WHAT HAD, WAS PREDOMINANTLY OPEN, WHICH MEANS, UM, A CHAIN LINK OR, OR SOME OTHER MATERIAL WROUGHT IRON, WOULD, WOULD THAT SUFFICE? OR, OR, OR I GUESS WHAT WOULD PREVENT THAT FOR, OR WHY IS THAT NOT AN OPTION FOR YOU? I GUESS IT WOULD BE EASIER FOR PEOPLE TO ENTER WITH A, WITH AN OPEN FENCE. IT WOULD BE EASIER FOR PEOPLE ENTER, UM, THERE'S NO QUICK EXPERIENCE THAT YOU CAN EXPLAIN WHEN YOU'RE, WHEN YOU HAVE PEOPLE BREAK IN YOUR HOUSE WITH SHOTGUNS AND, AND YOU'RE FEAR FREE YOUR LIFE, YOU KNOW, WE DIDN'T PUT UP, WE DID NOT PUT THIS FENCE UP JUST 'CAUSE WE DIDN'T HAVE ANYTHING ELSE THAT WE PUT IT UP BECAUSE WE WERE CONCERNED ABOUT OUR SAFETY, VERY MUCH OUR SAFETY. UM, THERE ARE FENCES IN THIS NEIGHBORHOOD THAT ARE, IS HIGH. THIS IS, THIS PROPERTY IS OWNED SOME VERSION OF RESIDENTIAL. IF YOU GO NEXT DOOR TO THE DAYCARE CENTER, WHICH IS THAT ONE RIGHT THERE, THAT FENCE IS JUST AS HIGH. THE ONE ACROSS THE STREET, WHICH IS A RESIDENT, IS, IS JUST AS HIGH. THE, THESE FENCES UP AND DOWN WHITMAN, WHICH I HAVE A PICTURE OF, THEY'RE CORRUGATED METAL. THEY'RE JUST AS HIGH. YOU KNOW, WE'RE, THIS FENCE IS SURROUNDING NEIGHBORHOOD. THIS FENCE IS JUST AS HIGH OR JUST AS HIGH AS EVERYBODY ELSE IN THE NEIGHBORHOOD. UNFORTUNATELY, WE'RE NOT ZONE COMMERCIAL AS THEY ARE, BUT WE'RE, AND WE HAVE, WE SLEEP THERE AT NIGHT. AND YOU KNOW, IT, YOU JUST, WHEN PEOPLE BREAK IN YOUR HOUSE WITH A SHOTGUN AND PULL IT ON YOU AND YOU HAVE THE POLICE THERE, UM, IT IS, IT'S, IT'S, YOU KNOW, IT'S, IT'S LIKE IF WE HAD THE MONEY TO MOVE, WE WOULD'VE MOVED. IT'S, IT'S A MATTER OF ECONOMICS. WE'RE FORCED TO STAY THERE. UM, WE WOULD PREP UPON YOUR GUYS TO UNDERSTAND IT. SO POLICE HAVE COMPASSION IN OUR NEED FOR SAFETY. WE ARE REALLY, YOU KNOW, WE'RE OLDER PEOPLE AND WE'RE REALLY CONCERNED ABOUT OUR WELLBEING AND SAFETY. IT CAN YOU IMAGINE GOING TO BED EVERY NIGHT IF YOU WORRIED SOMEBODY'S GONNA BREAK IN YOUR HOUSE AND, AND, AND HAVE A SHOTGUN. THE EVIDENCE OF THIS FENCE HERE, THE REASON THIS WAS PUT UP, BECAUSE THEY'VE HAD A TALK IN THE NEIGHBOR, THEY'VE HAD SEVERAL INSTANCES OF PEOPLE BREAK IT, BREAK IT IN, AND IT'S A DAYCARE BREAK IT STILL ON THEIR COMPUTERS. AND THE, UH, MUFFLERS, THE CADILLAC CONVERTERS OFF THE VANS THEY HAD, UH, YOU KNOW, THAT THEY USED FOR THEIR WORK. UH, THEY'VE BEEN STOLEN THERE. SO BY CHANCE, DID YOU BRING ANY OF THE POLICE REPORTS HERE? WE, WE HAVE TO THE COUN OR TO THE, UH, STAFF? NO, I DID NOT. WE BROUGHT THE ORIGINAL POLICE REPORT, WHICH, AND THE I HAVE HERE. SO IF YOU CAN GIVE THAT TO, UH, YES, SHE CAN PROJECT THAT ON THE SCREEN FOR US. AND WHAT THAT'S GOOD. THAT'S, THAT'S THE SITUATION WITH, THIS WAS BACK, THIS WAS MAY OF 2010. THIS WAS A BUNCH OF MINORS, TWO MINORS THAT BROKE INTO THE, UH, INTO OUR HOME EVASION. AND THEY WOULD NOT RELEASE A POLICE REPORT AGAINST THAT. WE'VE TRIED DILIGENTLY TO GET THIS, AND A RESPONSE WE KEEP GETTING IS WE, THEY CAN'T, WE CANNOT DO IT. GET INFORMATION ON WHO IT WAS BECAUSE THEY WERE MINORS AT THE TIME. OKAY. COMM COMMISSIONER KAPLAN. YES. UH, SO I HAVE A QUESTION FOR STAFF. SO IT'S BEEN 13 AND A HALF YEARS SINCE THEY'VE PUT THIS UP. UH, HOW DID THIS COME TO THIS CITY'S ATTENTION CODE COMPLIANCE ? UM, A NEIGHBOR OR, OR SOMEBODY JUST DROVE PAST CODE COMPLIANCE DIFFERENCE? UM, I'M NOT SURE HOW THEY GOT TO CODE COMPLIANCE, BUT CODE COMPLIANCE CITED A, UH, FOR THE FENCE. AND SO, SO SIR, LET, LET ME, LET ME UH, ASK YOU, I I CAN SPECULATE ON THIS. THE CODE COMPLIANCE, UH, OUR NEIGHBOR, BECAUSE OF THEIR THEFTS, THE DAYCARE CENTER, WHICH I BELIEVE ADDRESS IS 1630. THAT'S SO SPECULATION. THEY PUT UP A FENCE AND THEY PUT IT, THEY, THEY, UH, THEY ASKED FOR, UH, INSPECTION OF A FENCE. SO HERE THEY COME. OKAY. THAT, THAT, THIS IS ONLY MY GUESS. THIS IS ONLY MY GUESS. SO SIR, THIS HAS BEEN A, LIKE YOU SAID, ALMOST, I WANTED TO SAY 15 YEARS, BUT YOU'RE PROBABLY MORE ACCURATE AT 13 AND A HALF YEARS. SO, SO MY QUESTION IS, UM, WHAT DID YOU HAVE PRIOR TO THIS FENCE BEING? WHEN, WHAT, WHAT YEAR WAS THE FENCE BUILT? 2010. THIS FENCE HAS BEEN THERE FOR 13 AND A HALF YEARS. YES. I BELIEVE, I BELIEVE YOU'RE REFERRING THE INCIDENT THAT RESOLVED THIS WAS, WE HAD A BREAK IN ON SUNDAY MORNING 2010 IN MAY. MAY, IT WAS A HOME INVASION TERRIFYING EVENT. NO, I KNOW. IT JUST LOOKS, IT LOOKS A LOT NEWER. IT THEN IT'S BEEN REHABBED. OKAY. IF YOU TAKE A LOOK AT OTHER PICTURES, UH, WE HAVE NO, I I, I, I GET IT. IT'S A PLANK FENCE AND IT'LL LAST FOREVER. I GET IT. SO A QUESTION FOR STAFF IS, UM, THE, THE FENCE CODE ALLOWS FOR SCHOOLS TO HAVE A TALLER FENCE IN THE FRONT YARD. IF THE NEIGHBOR IS A DAYCARE AND THEY'RE OFFERING A KINDERGARTEN PROGRAM, WOULD THAT QUALIFY FOR A HIGHER FENCE OUTTA CURIOSITY? UH, THE SCHOOL IS QUALIFIED FROM K TO 12, SO, YES. OKAY. AND, AND I'M ASKING BECAUSE I'M LOOKING AT THE POTENTIAL FOR THE NEIGHBOR TO POSSIBLY HAVE A HIGHER FENCE. UH, DO YOU HAPPEN TO KNOW IF THE DAYCARE NEXT DOOR TO YOU OFFERS A KINDERGARTEN PROGRAM? THERE ARE KINDERGARTENS, THERE ARE DAYCARE. WELL, NOT ALL DAYCARES OFFER A KINDERGARTEN PROGRAM. THAT'S WHY I WAS ASKING. I COULD, I KNOW THERE'S CHILDREN COMING IN AND OUT FOR US. EXACTLY [00:20:01] WHAT THEY'RE, WHAT THEY HAVE, I, I COULD NOT TESTIFY TO. OKAY. AS FAR AS THIS, I WOULD, I'D LIKE TO SHOW YOU THIS PICTURE, WHAT WE'RE LOOKING AT RIGHT ACROSS THE STREET FROM US. OKAY. NO, I, THIS IS CORRUGATED. THIS IS CORRUGATED METAL. YOU CAN GIVE THAT TO STAFF THOUGH. PROJECT IT UP ON THE SCREEN FOR US, FOR US. JUST THERE, YOU KNOW, NOT TO MILLIMETERS OR ANYTHING. IT'S APPROXIMATELY SIX FEET, UH, FIVE METER FEET. NO. SO, AND, AND THE NEIGHBOR TO THE, ON THE OTHER SIDE OF YOU, THAT IS A, THAT IS BEING USED AS A HOME. IT'S NOT A BUSINESS. NO. OKAY. BUT IF YOU GO, IF YOU GO ONE, IF YOU GO, THERE'S AN, THERE IS AN INDUSTRIAL ZONE ONE HOP TO, AND I MEAN, IT, IT'S LIKE COKE COMPLIANT REALLY NEEDS TO COME OUT THERE. I MEAN, THERE'S WALLED ANIMALS LIVING THERE. OKAY. GRASS NEEDS TO BE, IT IS A, IT'S AN HABITUAL PROBLEM. SO I'M, I'M JUST TRYING TO FIND OUT IF YOU'RE A A, A HOME, A HOMEOWNER IN A SEA OF RESIDENTIAL OR ARE YOU A HOMEOWNER SURROUNDED BY COMMERCIAL USE PROPERTIES? THAT, THAT'S WHERE I WAS GOING WITH THAT. OKAY. WE'RE, WE'RE RIGHT ON THE EDGE. OKAY. I UNDERSTAND. SO IS THERE ANY OTHER QUESTIONS FOR THE APPLICANT? YEAH, KAPLAN, AGAIN, MAKE SURE KAPLAN, I THAT SOME OF YOUR, UM, NEIGHBORS DO HAVE A WROUGHT IRON KIND OF OPEN, UH, METAL FENCE. WOULD YOU BE WILLING TO DO SOMETHING LIKE THAT IN THE FRONT YARD? OUR PROBLEM, OUR PROBLEM IS FINANCIAL. UM, YOU KNOW, THESE, YOU KNOW, NOT EVERY, WE'RE WE'RE ELDERLY PEOPLE. WE'RE ON FIXED INCOMES. YOU KNOW, WE WANT TO, WE WANT TO COMPLY WITH THE CITY AND BE GOOD CITIZENS. IT'S JUST THE ECONOMICS. THE ECONOMICS OF IT. IT'S ONLY A THOUSAND DOLLARS HERE. IT'S ONLY $500 HERE AND IT'S ONLY REDOING IT HERE. THESE, THESE WOULD REALLY, YOU KNOW, THIS WOULD CAUSE WE'RE, OF COURSE WE'RE GONNA HAVE TO COMPLY WITH A CITY. WE WANNA BE COMPLYING. BUT THIS WOULD CAUSE A, A SEVERE ECONOMIC BURDEN ON, ON US ELDERLY PEOPLE. THE ISSUE IS NOT SO MUCH YOU, IT'S THAT THIS GOES WITH THE LAND. SO IF WE GIVE YOU, UH, THE VARIANCE, THEN UH, THE NEXT PERSON WHO MIGHT NOT BE AS YOUNG AS YOU AND COULD AFFORD IT, GETS TO, GETS THAT BENEFIT. OKAY. YEAH. AND, AND WE HAVE TWO ISSUES BEFORE US. ONE IS THE FENCE BEING SOLID AND THAT TALL. THE OTHER ISSUE IS THE SAFETY ISSUE OF CLEAR VISION. AND SO, YEAH. AND SO LIKE YOU HAVE A GATE, FOR EXAMPLE, THAT'S FAIRLY CLOSE TO THE STREET, DOES A GATE, LOOKS LIKE IT SWINGS OUT TO THE STREET. IT IT, SURE. FROM THE PICTURES. IT LOOKS LIKE IT, IT DOES. BUT SIR, I ADDRESS SOMETHING ON AS FAR, FAR AS THE CLEAR VISION LOOK, THIS IS WHAT YOU HAVE, RIGHT? RIGHT HERE. WELL, NOT HERE. IT, THIS IS RIGHT ACROSS THE STREET FROM US. WELL, I'M, I'M SURE THEY'LL, YOU'D BE SURPRISED HOW OFTEN PEOPLE WHO ACROSS THE STREET COME BEFORE US SHORTLY THEREAFTER. UH, BUT UH, 'CAUSE WHEN CO COMPLIANCE GOES OUT THERE, ANYTHING THEY SEE, THEY USUALLY WILL MAKE NOTES OF AND, AND ALL THAT GOOD STUFF. SO, BUT WE'RE JUST HERE TO TALK ABOUT YOUR FACTS. OKAY? I UNDERSTAND. I, OKAY, SO, AND, AND SO I'M, I I'M JUST TRYING TO ASCERTAIN TO THE SAFETY ISSUE OF THE, THE, THE CUMMINGS AND GOINGS OF VEHICLES THROUGH THE GATE. UM, STAFF IS RECOMMENDING APPROVAL FOR THE CLEAR VISION. AND SO THAT'S SOMETHING, BUT, AND STAFF THE TRAFFIC, THEY TOOK A LOOK AT THIS AS WELL, AND THEY, THEY THOUGHT, THOUGHT IT WAS O OKAY. UH, THEY DIDN'T HAVE ANY ADDITIONAL COMMENTS FOR US. OKAY. SO THAT'S, IS THERE ANY OTHER ADDITIONAL INFORMATION LIKE THAT? I DON'T, I KNOW IF THIS IS BROUGHT UP OR NOT. WE CANVASED OUR NEIGHBORS, YOU KNOW, WHEN THEY SENT OUT A LETTER, DO YOU APPROVE OR DISAPPROVE THIS THING? MM-HMM. OF COURSE YOU CANNOT GET ANYBODY. WE HAD FOUR. WE HAD FOUR OF OUR NEIGHBORS, YOU KNOW, IN, IN, IN FAVOR OF THIS ONE OF 'EM BEING THE DAYCARE AND ACROSS THE STREET. THREE. OKAY. THREE OF 'EM. I HAVE ONE POINT, THE THREE. AND AESTHETICALLY THIS, THIS IS BY FAR THE BEST LEAKING FENCE ON THAT STREET. IT IS VERY ATTRACTIVE FENCE, I'LL HAVE TO TELL YOU. SO, UM, IF THERE ARE ANY OTHER QUESTIONS, IS THERE ANYONE, ANY PUBLIC COMMENTARY WAS SIGNED TO SPEAK? UH, NO PUBLIC COMMENT. AND JUST TO, UH, FURTHER CLARIFY ON COMMISSIONER KAPLAN'S QUESTION IS BECAUSE THE OLD FENCE WAS TAKEN DOWN AND APPEARS A NEW FENCE. AND THAT'S WHY CODE COMPLIANCE. OKAY, SO WHAT WE'RE GONNA DO, SIR, IS WE'RE GONNA, UH, MAKE A MOTION DELIBERATE AND SEE WHAT, WHAT, HOW THIS PANS OUT. UM, IS THERE ANY OTHER, UH, PERTINENT FACTS, APPRECI, WE APPRECIATE ANY CONSIDERATION YOU COULD GIVE US, YOU KNOW, FINANCIALLY AND, AND, UH, EMOTIONALLY AND, YOU KNOW, FOR OUR SAFETY AND WELLBEING, I UNDERSTAND. WE DO APPRECIATE Y'ALL VERY MUCH. YES, SIR. THANK YOU. BONY. I HAD A, A QUESTION FOR CITY. YES. COMMISSIONER BONNI. SO I WANT I TOO, THEY GET TO DO SIX FOOT HIGH PRIVACY FENCE ZONING. UH, THEY CAN DO UP TO EIGHT FOOT FENCE UP TO EIGHT. AND THEN THE COMMERCIAL CAN DO THE SAME. UH, COMMERCIAL HAS PRETTY MUCH THE SAME C3 THAT THE, UH, THEY HAVE KIND OF THE SAME STANDARD AS RESIDENTIAL. THE ONLY DIFFERENCE IS ON THE SIDE AND REAR, THEY CAN HAVE EIGHT FEET. THE FRONT IS STILL THE SAME. THE FRONT IS STILL THE SAME. YEAH. COMMERCIAL CAN ONLY GO, UH, A HIGHER, UH, FENCE IN THE FRONT IF IT'S A SCHOOL OR A PARK. UM, THAT'S WHY I WAS ASKING ABOUT WHETHER THEY OFFERED A KINDERGARTEN PROGRAM NEXT DOOR. 'CAUSE THEN THAT WOULD ALLOW THEM TO DO A TALL, UH, A TALLER FENCE IN THE FRONT YARD. THAT WAS SOLID. UH, SO THE WAY THE CODE READS IS, IS THAT IT'S GOVERNMENT FACILITIES, CHURCHES, SCHOOLS, SWIMMING [00:25:01] POOLS, STORMWATER MANAGEMENT FACILITIES AND PARKS, UH, UH, ARE ALLOWED A UP TO AN EIGHT FOOT FENCE IN THE FRONT YARD. SO ON THAT SIDE OF THE BLOCK, YOU'RE THE ONLY RESIDENTIAL OR HE'S THE YEAH, THAT'S WHY I WAS TRYING TO FIGURE OUT LIKE, ARE THEY IN A SEA OF RESIDENTIAL OR, YOU KNOW, THAT'S, THAT'S SO, ALL RIGHT, SO LET'S LOOKING FOR A MOTION. ALRIGHT, COMMISSIONER ZUNA REGARDING REGARDING CASE NUMBER BO A DASH 23 DASH 1 0 3 0 0 3 2 0. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A THREE FOOT SPECIAL EXCEPTION FOR THE MAXIMUM THREE FOOT FENCE HEIGHT TO ALLOW A SIX FOOT FENCE TO BE IN THE FRONT YARD, SITUATED AT 1618 WHITMAN AVENUE, APPLICANT BEING MARIA GUADALUPE UCCI. OKAY, UM, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINE SHOW THAT THE PHYSICAL CHARACTER ON THIS PROPERTY IS SUCH A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE REQUEST WOULD BE IN HARMONY WITH THE SPIRIT OF 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. THE PROPOSED FENCE APPEARS TO SERVE THE PUBLIC WELFARE AND CONVENIENCE AS THE FENCE PROVIDES ADDITIONAL PRIVACY AND SECURITY TO THE PROPERTY OWNER FOR THE ADJACENT COMMERCIAL USES. C THE NEIGHBORHOOD, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE FENCE VARIANCE WILL, WILL BE, 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 THE LOCATION OF WHICH THE PROPERTY FOR ITS A SPECIAL EXCEPTION IS SOUGHT. THE ADDITIONAL FENCE HEIGHTS IN THE FRONT YARD OF THE SUBJECT PROPERTY DOES NOT APPEAR TO ALTER THE LOCATION FOR WHICH THE SPECIAL EXCEPTION OF ASSAULT. IT DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE AND ESTABLISHED FOR THE SPECIFIC DISTRICT. THE REQUEST OF SPECIAL EXEMPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THIS DISTRICT. UH, AND OF MOTION. SECOND. SECOND BY COMMISSIONER BENAVIDEZ. COMMISSIONER ZUNA. YEAH. SO I WILL BE IN SUPPORT OF THE SPECIAL EXCEPTION MOTION. THE, UM, APPLICANT PROVIDED TESTIMONY ABOUT, UH, UH, THE BREAK-IN, UH, PROVIDED POLICE REPORTS. UH, WE SAW THE NEIGHBORHOOD NOTIFICATION PLAN OF WHICH ALL THE, UH, NEIGHBORS THAT WOULD BE MOST AFFECTED ARE IN SUPPORT OF THE, UM, THE VARIANCE. UH, ALSO THE ZONING CASE HEREIN IS THAT THIS, OUR SIX ZONING IS WITHIN A SEA OF COMMERCIAL AND INDUSTRIAL PROPERTIES, WHICH HAVE BY RIGHT AT LEAST THE INDUSTRIAL'S FENCE HEIGHT. AND IT APPEARS THAT THAT, UH, THAT THE HARMONY IS SUCH THAT THERE ARE SIMILAR FENCES ALONG THE STREET OF WHITMAN. AND THEREFORE, I I WOULD SUPPORT THE MOTION COMMISSIONER BEES. I AGREE WITH ALL OF THOSE ALSO. IT'S A, AT THIS POINT IT'S A SAFETY ISSUE. AND ALSO THE CITY, UM, IS IN AGREEMENT WITH THE, UM, THE, WHAT IS IT? THE MOTION. THE CLEAR VISION. THE CLEAR VISION. THANK YOU. THE CLEAR VISION. CLEAR VISION, YEAH. DIFFERENT MOTION. ALL RIGHT. ANY OTHER COMMISSIONERS LIKE TO ADD? UM, I I, I I WILL BE IN SUPPORT. I JUST WANTED TO ADD THAT I LIKE THE FACT THAT THE PEOPLE ACROSS THE STREET AND, AND THE NEXT DOOR NEIGHBOR ARE IN SUPPORT WITH NO ONE AGAINST. SO WITH THAT, LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER UNA? YES, I CONCUR. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER KAPLAN? I CONCUR. COMMISSIONER DEAN. I CONCUR. COMMISSIONER CRUZ. I CONCUR. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ? I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER BONNI KER CHAIR ORIAN. AND I CONCUR. UH, SO THE, UH, THE DEFENSE ISSUE PASSES. LET'S HAVE A MOTION FOR THE CLEAR VISION. OKAY, I'LL ZOOM IN. COMMISSIONER, I'D ALSO LIKE TO JUST NOTE VERY QUICKLY THAT, UH, BOARD MEMBER IBANEZ ARRIVED AT 1:28 PM 1:28 PM THANK YOU. REGARDING CASE NUMBER BO OA DASH 23 DASH 1 0 3 3 2 0. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR A FIVE FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION TO ALLOW A 10 FOOT DRIVEWAY CLEARANCE VISION SITUATED AT 1618 WHITMAN AVENUE APPLICANT BEING MARIA GUADALUPE QUICHE. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT LITTLE ENFORCEMENT OF PROVISIONS OF THE UDC AS AMENDED WOULD RESULT SPECIFICALLY FIND THAT ONE, THE VARIANCE DOES NOT CONTRACT TO THE PUBLIC INTEREST. STAFF FINDS THE REQUEST WILL NOT BE CONTRARY TO PUBLIC INTEREST AS IT LEAVES ADEQUATE CLEAR VISION SPACE TO SAFELY BACK INTO THE LOCAL STREET. TWO, DUE TO SPECIAL CONDITIONS, THE LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE CONSTRUCTED FAN, THE CONSTRUCTED FENCE, HAS A 10 FOOT CLEAR VISION VIEW THAT WOULD NOT CAUSE HARDSHIP FOR VEHICLE TRAFFIC. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN APPLICANT ALTERING THE FENCE BACK, WHICH WOULD PREVENT ADEQUATE PARKING SPACE FOR A VEHICLE. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE CLEAR VISION OF 10 FEET LIFT SUFFICIENT SUFFICIENT ROOM TO BACK INTO A LOCAL RESIDENTIAL STREET. AND WE'LL OBSERVE THE SPIRIT OF THE [00:30:01] ORDINANCE 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 OF THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY ALTER TO THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE DISTANCE OF THE FENCE IS NOT LIKELY TO ALTER THE CHARACTER OF THE DIS DISTRICT AS IT APPEARS TO BE ESTABLISHED FENCE DISTANCE IN THE, IN, IN THE AREA. THE CLEAR VISION OF VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX APPLIES THE OWNER OF THE PROPERTY, WHICH FOR WHICH THE VARIANCE SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL OR NOT DUE TO THE RESULT OF GENERAL CONDITIONS. AND THE DISTRICT WHICH THE PROPERTY IS LOCATED APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE SOCIETY DUE TO THE UNIQUE CIRCUMSTANCES EXISTING, EXISTING ON THE PROPERTY FOR THE CLEAR VISION VARIANCE SUCH AS HAVING A SMALL FRONT YARD TO PARK A VEHICLE. END OF MOTION. IS THERE A SECOND? SECOND BY COMMISSIONER CRUZ. COMMISSIONER ZUNA? YES. SO AGAIN, I'M GONNA BE SUPPORTING, UH, THIS VARIANCE REQUEST, UH, FOR THE REASONS THAT STAFF, UH, ALSO GAVE APPROVAL. UM, AND WE SAW SUFFICIENT, UH, DISTANCE FOR THEM TO BE ABLE TO BACK THE CAR OUT THE FENCE HAS BEEN IN THAT CONDITION FOR OVER 10 YEARS AND SUCH. AND, AND IT PROVIDED NO SAFETY ISSUE PRIOR. AND THERE'S SIMILAR FENCES ALONG THE SAME STREET. SO THEREFORE I'M SUPPORTING. ALRIGHT. THANK YOU. COMMISSIONER CRUZ? UH, YES, I CONCUR WITH, UH, MR. O ZUNA. AND I, I DON'T SEE ANY PROBLEMS WITH THAT. UH, I THINK HE, HE'S GOT PLENTY OF ROOM FOR THAT CLEAR VISION. ALL RIGHT, THANK YOU. IS THERE ANY OF THE COMMISSIONERS LIKE TO ADD, UH, HEARING NONES HAVE ROLL CALL, VOTE PLEASE. COMMISSIONER ZUNA? YES, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER BURTON? YES, I CONCUR. COMMISSIONER KAPLAN? I CONCUR. COMMISSIONER DEAN. I CONCUR. COMMISSIONER MANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ? I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. COMMISSIONER EZ. I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. UH, CONGRATULATIONS. UM, AND TO THE APPLICANT IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF, BUT BOTH, WE THANK ALL Y'ALL FOR YOUR TIME. WE APPRECIATE Y'ALL ING. YES, SIR. THANK YOU. HAVE A GOOD AFTERNOON. UH, ITEM NUMBER FOUR. ALL RIGHT, GOOD AFTERNOON. UH, ITEM NUMBER FOUR IS BO OA 23 1 0 3 0 0 3 33. LOCATED AT 44 19 WEST COMMERCE DISTRICT FIVE. APPLICANT BA MR. CONCHE, UH, REQUEST FOR A VARIANCE FROM THE FENCE MATERIALS TO ALLOW CORRUGATED CORRUGATED METAL FENCE IN THE SIDE AND REAR YARD ZONE C TWO SLIDE SUBJECT PROPERTY IS LOCATED ON WEST COMMERCE. JUST WEST OF OUR LADY OF LAKE UNIVERSITY. PROPERTY IS RECENTLY REZONED AS PART OF OUR LARGE AREA REZONING TO C TWO. THE CURRENT STRUCTURE IS A COMMERCIAL BUILDING FOR FURNITURE SALES. THE PROPERTY OWNER BUILT A SIX FOOT PRIVACY FENCE, MADE OUT CORRUGATED METAL ON THE SIDE AND REAR OF THE PROPERTY WITHOUT A PERMIT. THE PROPERTY IS REQUIRED TO HAVE A SIX FOOT PRIVACY FENCE AS THERE IS A RESIDENTIAL LOT BEHIND THE PROPERTY. HOWEVER, IT MUST BE BUILT WITHOUT ANY PROHIBITED MATERIALS SLIDE. THIS IS A SITE PLAN SHOWING THE LOCATION OF A CORRUGATED METAL FENCE. CURRENT STRUCTURE OR CURRENT, UH, SUBJECT PROPERTY, CORRUGATED METAL FENCE AND SURROUNDING AREA. STAFF RECOMMENDS DENIAL AND BO OA 23 1 0 3 0 0 3 33 BASED ON THE FOLLOWING FINDINGS OF THE FACTS, THE STRUCTURE APPEARS TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. IT IS CONSTRUCTED A PROHIBITED FENCE MATERIAL AND THERE ARE NO UNIQUE CIRCUMSTANCES ON THE PROPERTY THAT MERIT DEVIATION FROM THE REQUIRED FENCE MATERIAL. AND THERE ARE NO OTHER SIMILAR OFFENSES IN THE AREA. ALRIGHT, 27 27 NOTICES MAILED OUT. ZERO RECEIVED IN FAVOR, ZERO IN OPPOSITION. NO RESPONSES FROM THE PROSPECT HEIGHTS OR LOST PALMAS NEIGHBORHOOD ASSOCIATION IN WRITING. AND THAT IS STATUS PRESENTATION. THE APPLICANT IS PRESENT. ALL RIGHT, SO THE APPLICANT COME FORWARD. IS THE APPLICANT FOR 4 4 1 9 WEST COMMERCE PRESENT. OKAY, LET'S HERE IS, IS THERE SOMEBODY OUT IN THE BACK PERHAPS CHECK? YEAH, WE'RE GONNA CHECK . OKAY. MM-HMM, , LET ME FIND THAT. I'M NOT SURE WHERE HE WENT. IF WE CAN TABLE, OKAY. I WILL BE TABLING THIS ITEM UNTIL THE APPLICANT UH, COMES FORTH. UH, WE WILL MOVE ON TO NUMBER FIVE. ITEM FIVE PLEASE. [00:35:13] THIS CASE MANAGER'S OUT THERE TALKING TO APPLICANT. SO I'LL PRESENT IT. UH, BO OA 23 1 0 3 0 0 3 3 8 IS LOCATED AT 56 27 BROCK HILL STREET COUNCIL DISTRICT SEVEN, UH, APPLICANT BE CHRISTIAN CARILLO REQUEST FOR A FOUR FOOT TWO INCH VARIANT FOR THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW CARPORT WITH A 10 INCH, UH, FROM THE SIDE SETBACK ZONED. R FIVE. NEXT SLIDE. SUBJECT PROPERTY IS LOCATED ALONG BROCK HILL STREET, SOUTHEAST OF THE INTERSECTION OF INGRAM ROAD AND CALLAHAN ROAD. THE APPLICANT IS REQUESTING A FOUR FOOT TWO VARI FOR THE MINIMUM FIVE FOOT SIDE SETBACK FOR A 10 INCH SIDE SETBACK. UH, THERE WAS A VIOLATION ISSUED BY CO COMPLIANT FOR THE CARPORT BEING CONSTRUCTED PRIOR TO THE ISSUANCE OF A PERMIT UPON SITE VISITS. VERY SIMILAR STYLE CARPORTS WERE OBSERVED. HOWEVER, IT APPEARS THAT THERE WERE NON-CON PERFORMANCE STRUCTURES. THE SITE PLAN, THE, UH, HIGHLIGHTED YELLOWS INDICATING WHERE THE SIDE SETBACK IS AT 10 INCHES. SUBJECT PROPERTY A CLOSE UP OF THE SIDE SETBACK. THE STRUCTURE IS ABOUT, UH, 1415 INCHES. BUT THEN WE HAVE TO ACCOUNT FOR THE OVERHANG. SO FROM THE OVERHANG IT IS ABOUT 10 INCHES FROM THE SIDE AND SURROUNDING CARPORTS. AND ALL RIGHT, STAFF RECOMMENDS DENIAL IN BO OA 23 1 0 3 0 0 3 3 8 BASED ON THE FOLLOWING, FOLLOWING FINDINGS OF THE FACTS, THE CARPORT WILL BE TOO CLOSE ON THE SIDE OF PROPERTY LINE CAUSING POSSIBLE WATER RUNOFF ON ADJACENT NEIGHBOR AND PROPERTY. AND THERE IS ENOUGH ROOM TO MEET THEIR REQUIRED SETBACKS. 41 NOTICES MAILED OUT ZERO RECEIPT IN FAVOR AND OPPOSITION AND NO RESPONSE FROM THE CLEVER PARK NEIGHBORHOOD ASSOCIATION. AND THE APPLICANT IS PRESENT. YEP. ALRIGHT. SO HAVE THE APPLICANT COME FORWARD. IF YOU COULD STATE YOUR NAME, UH, FOR THE RECORD AND TELL US ABOUT YOUR PROJECT. UH, CHRISTIAN CARILLO AND I LIVE ON 56 27 BOOK HILL STREET. AND UH, I'M BUILDING A 20 BY 20 CARPORT. SO I JUST WANTED TO SEE IF I COULD GET GRANTED FOR WHERE, WHERE I'M AT. OKAY. UM, AND THE REASON, THE REASON WHY THE STRUCTURALLY IS BUILT THAT WAY. 'CAUSE THERE'S A WATER MAINLINE SUPPLIER THAT'S RUNNING ON THE SIDE OF THE HOUSE. SO THAT WAS WHY I PUSHED IT OUT A LITTLE BIT FURTHER OUT THAN WHAT IS WHAT Y'ALL RECOMMEND. AND I HAVE THE NEIGHBOR HERE PRESENT, UH, WHERE HIS SIDE OF THE PROPERTY IS AT. OKAY. ARE ARE, WHEN YOU SAY WATER MAN, ARE YOU SAYING THAT YOU HAVE THE WATER SUPPLY LINE? OH, YOU HAVE YOUR WATER METERS ON THE YEAH, BECAUSE ON THE OPPOSITE SIDE I GOT GAS AND I GOT ELECTRIC. 'CAUSE EVERYTHING'S UNDERNEATH BURIED. SO ON THE LEFT SIDE OF YOUR DRIVEWAY YES. YOU HAVE YOUR WATER METER? YES. AND THEN THE OPPOSITE, I GOT GAS AND THEN I GOT EL ELECTRICAL. OKAY. UM, IS, IS, UM, DO YOU KNOW IF THE, ONCE IT LEAVES THE WATER METER, DOES THE LINE LINE RUN UP IN THAT GRASS AREA TO THE SIDE OF YOUR HOUSE OR DOES IT CROSS OVER AND ENTER THE HOUSE AT ANOTHER LOCATION? IT COMES FROM THE SIDEWALK. IT COMES DIRECT INTO IT AND IT GOES, FEEDS INTO THE CORNER OF THE HOUSE, UH, WHERE THE CARPORT'S AT, AND IT FEEDS THE WHOLE HOUSE. OKAY. SO IF, IF I MOVE IT OVER THE OPPOSITE, WELL IT'S, THE CARPORT'S GONNA BE ON TOP OF MY, ON MY ENTRY DOOR, YOU KNOW, TRYING TO COME IN AND OUT, YOU KNOW. OKAY. YEAH. I'M, I'M, I'M ASKING BECAUSE, UM, YOU KNOW, YOU HAVE ABOUT FIVE FEET ON THE SIDE AND SO YOU HAVE A, YOU HAVE A DRIVEWAY, THEN YOU HAVE A, A WATER SERVICE LINE, AND THEN YOU HAVE THESE, THESE POSTS THAT ARE IN, IN CONCRETE PHOTOS. THE WATER LINE IS RIGHT ON LIKE RIGHT HERE WHERE YOUR FINGER'S AT. OKAY. I DON'T KNOW HOW TO USE THIS. OH, THAT'S A THING. IT'S THE WATER LINE'S RIGHT HERE. OKAY. AND, AND YOU COULDN'T, IT JUST SEEMS LIKE THE DECISION, I DON'T KNOW HOW, YOU KNOW, I THINK MY CONCERN IS THAT IF THE WATER LINE IS, IS PREDOMINANTLY IN THE CENTER, WHY COULDN'T YOU MOVE THE POST TO THE OTHER SIDE AND PUT IT CLOSER TO THE DRIVEWAY AND, AND, AND 'CAUSE YOU'D BE IN THE SAME VICINITY OF THE MAIN ANYWAY. AND MR. CHAIR, WE DID HAVE SOMEONE WALK IN JUST NOW A NEIGHBOR THAT DOES WANNA SPEAK ON BEHALF OF THIS CASE. OKAY. SO, UM, MOVING THE POST AND PUTTING IT MORE ABUTTING, THE EXISTING DRIVEWAY, CONCRETE [00:40:01] DRIVEWAY, UH, WOULDN'T THAT BE THE SAME DISTANCE AWAY FROM THE WATER SERVICE LINE THAT'S IN THE, UH, THAT GRASS? UH, THAT'S A, IT'S A POSSIBILITY, BUT IT JUST SHIFTS EVERYTHING OVER TO MY WHOLE, TO THE FRONT OF THE, LIKE IF YOU COULD ZOOM OUT ON THE PICTURE. I HAVE A CARPORT ON THE, ON ZOOM, ZOOM OUT TO IT. YOU SEE HOW I HAVE THE THING, IF I MOVE IT OVER, IT'S GONNA BE SITTING ON TOP. IT'S GONNA BE SITTING ON TOP OF THAT, THAT, THAT CARDBOARD. IT WOULDN'T BE EVEN. OKAY. UH, WELL, IS THERE ANY OF THE COMMISSIONER QUESTIONS? MANANA COMMISSIONER MANANA, IS THIS ATTACHED TO THE HOUSE? YES, IT'S ATTACHED TO THE HOUSE. SO IT IS PART OF THE STRUCTURE OF THE HOUSE? YES. SO WAS THE ROOF CHANGED THEN? THE, THE ORIGINAL ROOF WAS ALTERED TO ACCOMMODATE, UM, THE EXISTING, OKAY. I'M A LOT OF MONEY INTO THIS ALREADY, AND IT'S, I DON'T HAVE A PROBLEM WITH THE SITUATION WE'RE GOING TO HAVE, UH, KAPLAN, UM, COULD YOU, UM, MOVE THE POSTS CLOSER TO THE DRY AND HAVE AN OVERHANG? I THINK WOULD, HOW MANY FEET ARE WE ALLOWED OVERHANG? UH, TWO FEET. TWO FEET. SO YOU, IF YOU MOVE YOUR POSTS IN ABOUT, WHAT, THREE FEET? TWO TO THREE FEET? YOU CAN, THE WATER LINE'S RIGHT THERE? NO, YOU SAID THE WATER LINE'S IN THE CENTER. SO YOU MOVE IT CLOSE TO THE, THE POST, VERY CLOSE TO THE DRIVEWAY. AND THEN YOU HAVE THIS OVER. BUT YOU SEE WHERE THE, YOU SEE HOW THE DRIVEWAY IS THOUGH? THE DRIVEWAY, THE CARPORT, THE CARPORT'S GONNA BE SHIFTED TO ONE SIDE AND THE DRIVEWAY'S GONNA BE LEANING TO ONE SIDE. NO, YOU'D HAVE, INSTEAD YOU'D HAVE JUST A LONGER, A BIGGER OVERHANG ON THE, UH, ON THAT SIDE. YOU'D HAVE A TWO FEET, YOU CAN HAVE TWO FEET OF OVERHANG. THE, THE, THE IMPLICATION IS, IS THAT YOUR EXISTING ROOF LINE, SIDE OF WALL AND OVERHANG WOULD BE CONTINUED UP THE SIDE OF THE HOME. THAT'S, THAT'S WHAT IS BEING BROUGHT UP. BUT THAT'S GONNA BE IMPOSSIBLE. HOW AM I, HOW AM I GONNA STRUCTURE THE, UH, STRUCTURALLY MOVE IT OVER? I HAVE TO MOVE THE WHOLE ENTIRE CARPORT. JUST MAKE IT SMALLER? YEAH. IT'S, IT'S HARD NO MATTER WHICH WAY I LOOK AT IT. YES. IT'S JUST, IT'S JUST HARD FOR ME. I KNOW BOTH WAYS TO LOOK AT IT. AND THE SITUATION IS JUST, IF YOU MOVE THE POST OVER, ONE SIDE'S GONNA BE LONGER. IT WON'T LOOK EVEN. WELL, IT, IT, IT, IT IS NOT, IT IS JUST NOT THAT. IT'S JUST SHIFTING IT, SHIFTING IT. THAT ONE FOOT, I HAD TO RESTRUCTURE EVERYTHING BACK DOWN. WASTE THE TIME, WASTE THE MONEY TO RE WELL RECALL THIS ALL COULD HAVE BEEN AVOIDED HAD YOU BUILT, PULLED THE BUILDING FOR ME. OH, YES. I UNDERSTAND. AND I APOLOGIZE TO THAT. I APOLOGIZE FOR THAT. I THINK WE'RE MISSING THAT PART AS WELL AS PART OF THE PRESENTATION. I APOLOGIZE FOR THAT. AND, OKAY. IS THERE ANY OTHER COMMISSIONER QUESTIONS? ALL RIGHT, WE HAVE, YES. COMMISSIONER BARRINGTON. WHY DO YOU NEED THE CARPORT TO BE SO WIDE? UH, WHEN THE DRIVEWAY IS SO NARROW, UH, BECAUSE I'M PLANNING TO MAKE THE GARAGE WIDER. SO BOTH VEHICLES, I HAVE A PROBLEM. IT'S NOT EFFICIENT FOR ME. I WORK CONSTRUCTION, THEY BROKE INTO MY TRUCK AND THAT'S NOT MY, I DON'T HAVE NO CASE FOR IT AND NONE, THAT'S NONE OF THE SITUATION. IT'S JUST EASIER FOR ME TO GET IN AND OUT THE SITUATION INSTEAD OF, YOU KNOW, TRYING TO, HEY WIFE, CAN YOU MOVE THE VEHICLE OVER? I NEED TO GET IN. AND THEN I HAVE, I WORK CONSTRUCTION. I'M A CELL CONTRACTOR, SO I GOT OVER A THOUSAND DOLLARS MACHINES IN THE BACK OF MY TRUCK. YOU CAN TALK INTO THE MICROPHONE, SIR. UH, FOR THE A THOUSAND DOLLARS MACHINES IN THE BACK OF MY TRUCK. AND I'M JUST TRYING TO MAKE MY LIFE A LITTLE BIT MORE, MUCH EASIER AS A HOMEOWNER. SO, YOU KNOW, I'M JUST SO ARE YOU GOING TO WIDEN THE DRIVEWAY, THE CONCRETE SLAB? ARE YOU GOING TO ENCLOSE IT TO NO, WE'RE NOT, WE'RE NOT PUTTING NOTHING AROUND IT. WE'RE JUST, UH, JUST FOR US TO BE ABLE TO, TWO VEHICLES TO FIT IN. JUST, JUST ENOUGH SO WE DON'T HAVE TO BE STRUGGLING BACK AND FORTH, MOVING TOOLS BACK AND FORTH. OKAY. MANANA, COMMISSIONER, MANNA. SO PART OF THE DIALOGUE, YOU KNOW, SO, SO PART OF THE DIALOGUE THAT WE HAVE AROUND IS THAT, YOU KNOW, WE, WE DON'T WANT TO HARM ADJACENT NEIGHBORS. AND SO ONE OF THE THINGS THAT, THAT HAPPENS WHEN WE SEE, UH, CARPORTS LIKE THIS IS WATER RUNOFF. YES. AND SO, SO THERE'S NOTHING TO MITIGATE REALLY, THE WATER RUNNING OFF ONTO YOUR NEIGHBOR'S PROPERTY. WELL, I'M GONNA PUT A GUTTER. I I'M GONNA PUT A GUTTER TO PREVENT THE NEIGHBOR AS, UH, YOU KNOW, FOR AFFECTING HIS, YOU KNOW, DAMAGING OR WHATEVER, CONSIDER IT. OKAY. AND HE'S PRESENT HERE TO GRANT ME THAT WISH. YOU KNOW, BUT, YOU KNOW, SO ARE YOU, ARE YOU AMENDING YOUR APPLICATION TO INCLUDE A CARPORT WITH GUTTERS? YES. THAT'S FINE. I'M GONNA INSTALL GUTTERS TO THE CARPORT. RAN INTO, OKAY. A LOT OF THESE, A LOT OF THESE HOUSES DOWN THE STREET. I, I JUST BUILT IT JUST LIKE EVERYBODY ELSE. WE DIDN'T SEE PICTURES OF THAT. SO, UM, SO THERE'S, THERE'S [00:45:01] LIKE SEVEN CARPORTS DOWN THE STREET IDENTICALLY LIKE MINE, YOU KNOW. SO I JUST DON'T THINK IT'S FAIR WHY THEY COULD HAVE SOMETHING AND I CAN'T HAVE IT, YOU KNOW, I, I THINK WE SHOULD ALL GET TREATED EQUALLY, BUT, YOU KNOW. OKAY. WELL WE HAVE A CITIZEN SIGN UP TO SPEAK. UH, IS THERE ANY VOICEMAILS OR JUST ONE PERSON? NO VOICEMAILS. JUST ONE. WELL, WE'RE GONNA HEAR FROM, UH, THE CITIZEN SIGN UP TO SPEAK AND WE'LL THEN WE'LL COME BACK TO YOU. OKAY. SEE IF THERE'S ANY MORE QUESTIONS. OKAY. THANK YOU SO MUCH. MM-HMM. . MR. JUAN MANUEL. UM, HI, MY NAME IS JUAN MANELA AND I'M THE SIDE NEIGHBOR. OKAY. TELL US WHAT YOU THINK ABOUT THE, UH, APPLICATION. I REALLY DON'T HAVE ANY PROBLEM WHAT HE'S, UH, SUGGESTING BECAUSE WHEN THE WATER IS GOING TO FALL, IT'S NOT GOING TO AFFECT MY PROPERTY. OKAY. ALRIGHT. THANK YOU. IS THERE ANY QUESTIONS FOR THE, UH, SPEAKER? UH, HEARING NONE. ALL RIGHT, THANK YOU VERY MUCH. THAT WILL BE ALL. MM-HMM, . SO THE APPLICANT COME BACK FORWARD. UH, SIR. YEAH. SO WHAT WE'RE GONNA DO NOW IS IF THERE'S ANY OTHER QUESTIONS FROM THE COMMISSION, COMMISSIONER UNA, JUST WANTED TO MAKE SURE THAT IF YOUR VARIANCE IS APPROVED TODAY, YOU, YOU STILL HAVE TO GO THROUGH THE BUILDING PERMIT PROCESS. THIS SIMPLE. AND THE CITY STILL HAS TO APPROVE THE, UH, THE PLANS AND SPECS AND THE, AND NOW THAT YOU'VE, UH, AFFIXED THE GARAGE TO THE MAIN BUILDING STRUCTURE, THEY'RE GONNA HAVE TO REVIEW THAT AS WELL TO MAKE SURE THAT THE STRUCTURE THAT YOU'RE PROPOSING IS SAFE AND SOUND. OKAY. I JUST WANNA MAKE YOU AWARE OF THAT. YES. AND I ALSO WANTED TO, TO POINT OUT THAT IF THIS WAS TO BE APPROVED WITH GUTTERS, UH, WHAT YOU'RE ASKING FOR IS A VARIANCE, UH, TO BE 10 INCHES AWAY FROM THE SIDE PROPERTY LINE. IF GUTTERS ARE ADDED, THEY ALSO HAVE TO BE 10 INCHES AWAY FROM THE SIDE PROPERTY LINE. SO YOU MIGHT NEED TO MAKE SOME MINOR MODIFICATIONS TO THE EDGE. MM-HMM. REGARDLESS. SO WITH THAT, UM, IF THERE'S NOTHING ELSE, I'M LOOKING FOR A MOTION. OH, ZUNA COMMISSIONER ZUNA, REGARDING CASE NUMBER BO EIGHT DASH 23 DASH 0 3 0 0 3 3. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR A FOUR FOOT TWO INCH VARIANCE FROM THE MINIMUM FIVE FOOT SET SETBACK TO ALLOW THE CARPORT TO BE 10 INCHES FROM THE SIDE SETBACK, INCLUDING THE GUTTERS SITUATED AT 5 6 2 7, UH, BROOK HILL STREET, APPLICANT BEING CHRISTIAN CARDILLO BECAUSE THE TESTIMONY WAS PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SO THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, 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 CONTRACT TO PUBLIC INTEREST. PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE PROPOSED CAR PART CARPORT WOULD, UH, WOULD ONLY BE 10 INCHES INSIDE PROPERTY LINE. THIS DISTANCE IS REASONABLE AS WATER RUN OFF INTO THE NEIGHBORING PROPERTY WOULD BE MINIMAL. UH, ESPECIALLY SINCE THE APPLICANT WILL BE PUTTING GUTTERS ON THAT SIDE OF THE HOUSE, UH, THAT AFFECTS THE NEIGHBORS. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT MAY HAVE TO DEMOLISH CARPORT TO COMPLY WITH THE ORDINANCE. THREE, BY GRANTING THE VARIANCE OF 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. REDUCING THE SITE SETBACK REQUIREMENT WOULD NOT INJURE THE NEIGHBORING PROPERTIES AS OTHER SIMILAR CARPORTS WERE OBSERVED IN THE AREA FOR THE VARIANCE WOULD NOT AUTHORIZE THE OPERATION OF USE. SO THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, THE VARIANCE IS LOCATED, NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACT OF THE DISTRICT WHICH THE PROPERTY IS LOCATED. THE SITE SETBACK WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. VARIOUS CARPORTS WERE OBSERVED IN THE AREA THAT DID NOT ABIDE BY THE CURRENT UDC STANDARDS, HOWEVER, THEY APPEAR TO BE NON-CONFORMING STRUCTURES. AND SIX, THE APPLY TO THE OR OWNER OF THE PROPERTY FOR ITS VARIANCE OF SOUGHT AS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES EXISTING WERE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL, NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED ASIDE, SETBACK, VARIANCE SOUGHT DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, AND THERE IS INSUFFICIENT ROOM FOR A SINGLE VEHICLE CARPORT. I, BEFORE WE END THE MOTION, I WOULD LIKE TO AMEND IT TO SPEC SPECIFY THAT THE, UH, DISTANCE FOR THE SIDE SETBACK WILL BE LIMITED TO THE, UM, DEFINED AREA OF THE CARPORT AND NO FURTHER, UH, DISTANCE BACK. SO HE COULDN'T, UH, BUILD ANY OF THE STRUCTURES, UH, CLOSER THAN WHAT WE'RE PROPOSING ON THE SITE ON THAT SIDE SETBACK. ALL RIGHT. SO WE HAVE A SECOND, UH, SECOND BY COMMISSIONER MANNA. SO I, COMMISSIONER [00:50:01] ZUNA? YEAH. YEAH. SO AS YOU LOOK DOWN THE LANDSCAPE OF BROOK HILL DRIVE, UH, BROOK HILL STREET, THERE ARE A NUMBER OF CARPORTS THAT LOOK EXACTLY LIKE THE CONDITION OF WHICH THE APPLICANT IS SEEKING THE VARIANCE FOR. UM, HE'S AMENDING HIS APPLICATION TO INCLUDE THE GUTTERS. THE NEIGHBOR THAT'S MOST AFFECTED CAME AND GAVE HIS TESTIMONY, UH, TOOK TIME OUT TO BE HERE TODAY TO GIVE HIS TESTIMONY, UH, AND ANY NEW, UH, AND AS HE CONTINUES TO BUILD, HE WOULD HAVE TO COMPLY WITH ALL THE BUILDING, UH, BUILDING CODES, UH, GOING FORWARD. SO FOR THAT REASON, I'M SUPPORTING THE VARIANCES READ. ALRIGHT. UM, WHO MADE THE SECOND COMMISSIONER MANNA? SO, UM, I CONCUR WITH MY COLLEAGUE AND I'LL BE SUPPORTING THIS AS WELL. AND, AND YOU KNOW, JUST SO AS YOU LOOK AT WIDENING, YOU KNOW, WHAT WAS JUST MOVED FORWARD IS THAT IF YOU WIDEN THE GARAGE, YOU CANNOT MOVE IT TOWARDS THE SIDE OF, OF THAT PROPERTY. OKAY? SO, UM, SO IT HAS TO GO TOWARDS YOUR HOUSE. OKAY? AND, AND BECAUSE OF THAT PART OF THE MOTION, I WILL BE MOVING TO APPROVE IT. ALL RIGHT. IS THERE ANYONE ELSE LIKE TO ADD? SO WE HAVE A MOTION FOR A, UM, UM, A SIDE SETBACK LIMITED AT 10 INCHES FOR A CARPORT WITH GUTTERS WITH LIMITED TO THE, TO THE, UH, UH, CARPORT ITSELF. UH, SO WITH THAT, LET'S HAVE A ROLL CALL. VOTE. COMMISSIONER O ZONA. YES, I CONCUR. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARTON? YES, I CONCUR. COMMISSIONER KAPLAN? I CONCUR. COMMISSIONER EZ. I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER CRUZ? COMMISSIONER CRUZ. COMMISSIONER AVI? I CON, I CONCUR. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER BONNI, I CONCUR. CHAIR ORIAN AND I CONCUR. MOTION PASSES UNANIMOUSLY. UH, CONGRATULATIONS. IF YOU HAVE ANY QUESTIONS YOU GET WITH STAFF. THANK YOU. SO, MM-HMM, , THANK YOU. UH, WE'RE GONNA, IS IS THE APPLICANT FOR ITEM FOUR, UH, BACK IN THE GALLERY? NO, SIR. IF WE CAN PUT 'EM IN THE END OF THE AGENDA. THANK YOU. ALL RIGHTY. I APPRECIATE ITEM SIX. OKAY. OKAY, ITEM, UH, ITEM SIX, BO A 2 3 1 0 3 0 0 3 4 3. ADDRESS IS 9 8 1 1 AND 9 8 1 9 HUBER ROAD. UH, COUNCIL DISTRICT EIGHT, APPLICANT 1604 H-R-L-L-C. THE REQUEST IS FOR A TWO FOOT HEIGHT AND FENCE CON, UH, CONFIGURATION VARIANCE FROM THE MINIMUM SIX FOOT PRIVACY FENCE TO ALLOW FOR A FOOT, FOOT, UH, FOUR FOOT PREDOMINANTLY OPEN FINS AND ZONING IS C TWO. THE SUBJECT PROPERTY IS LOCATED ON THE NORTHERN INTERSECTION OF HUBNER ROAD, UH, ENCINO PARK ROAD AND SOUTHWELL SOUTHWELL ROAD. THE APPLICANT IS PROPOSING DEVELOPMENT EXPANSION OF THE COMMERCIAL PROPERTY TOWARDS THE EAST SIDE OF THE PROPERTY, WHICH IS A ABUTTING, A SINGLE FAMILY RESIDENTIAL PROPERTY. BASED ON THE GUIDANCE PROVIDED IN SECTION 3 35 DASH 514, ALL PROPERTY ZONE FOR NON-RESIDENTIAL USES SHALL ERECT AND MAINTAIN A SOLID SCREEN FENCING ALONG THE PROPERTY BOUNDARIES ADJACENT TO THE EXISTING SINGLE FAMILY RESIDENTIAL USE. AND AS A MINIMUM, THE FENCING SHALL CONSIST OF A SOLID SCREEN MATERIAL AND BE AT LEAST SIX FEET. HEIGHT AND HEIGHT. THE APPLICANT WILL ABIDE BY THE REQUIRED 15 FOOT LANDSCAPE BUFFER ALONG THE RESIDENTIAL PROPERTY IN CONJUNCTION WITH THE EXISTING FOREFOOT OPEN FENCE THAT RUNS ALONG THE RESIDENTIAL BOUNDARY BOUNDARY PER SECTION THREE FIVE, UH, 514 D THREE. IF THE BOARD OF ADJUSTMENT APPROVES THIS VARIANCE, THE DEVELOPER WILL BE REQUIRED TO OBTAIN A WRITTEN PERMISSION FROM THE RESIDENTIAL PROPERTY OWNER TO UTILIZE THE EXISTING FENCE AS REQUIRED IN SECTION 35 5 14 D ONE. THIS IS A SITE PLAN THAT SHOWS AND REPRESENTS WHERE THE EXPANSION IS GONNA TAKE PLACE. UM, CURRENTLY WHAT THE CURRENT PROPERTY LOOKS LIKE, AS LONG AS IN THE GRAY, DARK GRAY AREAS WHERE THE EXPANSION IS, IS COMING FORWARD. THIS SITE PLAN, UH, ADJUSTS THE VIEW TO SHOW EXACTLY WHERE THE, UH, SINGLE FAMILY RESIDENCE AND THE COMMERCIAL PROPERTY ALIGNS. SO THAT YELLOW LINE ACROSS IS GONNA BE THE WHERE THE FENCE IS CURRENTLY LOCATED. UH, UH, SUBJECT PROPERTY. UM, THIS IS GONNA SHOW THE RESIDENTIAL TO NON-RESIDENTIAL VIEW. UM, THIS IS WHAT THE CURRENT OPEN, UH, FENCE LOOKS LIKE. AND THIS IS SHOWING THE NON-RESIDENTIAL TO THE RESIDENTIAL VIEW OF THE PROPERTY. AND THIS IS THE SURROUNDING AREA AND THE SURROUNDING AREA. UH, STAFF RECOMMENDS DENIAL AND [00:55:01] BO A 2 3 1 0 3 0 0 3 4 3 BASED ON THE FOLLOWING FINDINGS OF FACT, THE PROPOSED TWO FOOT HEIGHT AND FENCE CONFIGURATION VARIANCE ARE CONTRACT CONTRARY TO THE PUBLIC INTEREST AS IT DOES NOT AFFORD THE GENERAL HEALTH, SAFETY AND WELFARE TO BOTH THE ADJACENT RESIDENTIAL PROPERTY AND SURROUNDING AREA. THE ADJACENT CONFORMING PROPERTY WILL NOT HAVE PRIVACY AGAINST THE ABUTTING OR NON-RESIDENTIAL USE FOR VARIANCES ARE IF VARIANCES ARE APPROVED. UH, STAFF MAILED OUT 21 NOTICES. ZERO IN FAVOR, ONE IN OPPOSITION. THAT OPPOSITION IS THE OAKLAND ESTATES NEIGHBORHOOD ASSOCIATION AND THIS IS THEIR, UH, COMMENT. I GOOD. AND THIS CONCLUDES STAFF'S PRESENTATION. THANK YOU VERY MUCH. UM, IS THE APPLICANT PRESENT? IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. GOOD AFTERNOON. MY NAME IS VICTOR SANTOYO. I'M PART OF, UH, OPEN STUDIO ARCHITECTURE. I'M PART OF THE DESIGN TEAM FOR THIS PROJECT, AND I'M HERE TO REPRESENT OUR CLIENT, UM, UH, DURING THE DESIGN PERMIT PRO OR THE PERMIT APPLICATION PROCESS. WE GOT THIS COMMENT VERY EARLY ON AND, UH, WE ARE NOT OPPOSED TO, UM, BUILDING THE FENCE. IT'S JUST WE, OUR CLIENT WOULD LIKE TO ASK CITY, WHY IS THIS CODE BEING ENFORCED ON OUR PROJECT AND NOT THE ADJACENT, UH, COMMERCIAL PROPERTY? BECAUSE THE INTENT IS THE SAME THOUGH ADJACENT ON THE OTHER SIDE OF THE RESIDENTIAL IS SIMILAR ARCHITECTURE, HILL COUNTRY STYLE WITH A, UM, STANDING SEA METAL ROOF, STONE AND STUCCO, UH, VENEERS FACADE, UH, OFFICE BUILDINGS, MEDICAL OFFICE BUILDINGS, SIMILAR ARCHITECTURE, UH, DIFFERENT, UH, LAND DEVELOPER. BUT THIS SAME FOUR LINK, UH, FOUR FOOT CHAIN LINK, THANKS, WAS APPROVED OR CODE ENFORCEMENT DID NOT PICK IT UP AND IT'S BEING ENFORCED ON US. OKAY. UM, STEPH, CAN YOU, I I I HAVE TO ASK A COUPLE CLARIFICATION QUESTIONS HERE. CAN YOU BRING UP THE SITE PLAN? OKAY. SO ON THE SITE PLAN CIRCUIT, YOU HAVE, THERE'S A LASER POINTER UP THERE. CAN YOU KINDA SHOW WHAT EXACTLY IT IS YOU'RE BUILDING? I KNOW THEY SAID THE AREA IN GRAY, BUT IT LOOKS LIKE THERE'S A LOT IN GRAY. IT'S, YES. FROM WHAT I UNDERSTAND, YOU HAVE A, THERE'S A SMALL COMMERCIAL BUILDING CURRENTLY? YES. ALL THOSE BUILDINGS ARE EXISTING, SO OH, YEAH. , WE'LL HAVE TO STAY HERE. RIGHT? SO THIS ONE, THIS ONE, THIS ONE, AND THIS ONE, AND THAT GUY RIGHT THERE ALL EXISTING, UM, OUR CLIENT HAS PURCHASED THIS AREA RIGHT HERE. OKAY. THIS IS THE BUILDING THAT'S UNDER PERMANENT REVIEW RIGHT NOW. THIS IS WHERE THE FENCE IS BEING REQUESTED THAT WE PLACE, THIS IS THE, THE SINGLE FAMILY RESIDENTIAL AREA. THIS IS THAT OTHER DIFFERENT PROPERTY THAT'S, UH, THAT'S USING THAT SAME, UH, FOUR FOOT CHAIN LINK FENCE RIGHT HERE. OKAY. SO, UM, SO MY QUESTION THEN WOULD BE, UM, YOU'RE, YOU'RE HAVING TO PUT IN, UM, UM, I APOLOGIZE, I'M AT A LOSS FOR WORDS. NO, YOU'RE, YOU'RE HAVING, YOU'RE HAVING TO PUT IN BUFFERING LANDSCAPE BUFFERING, CORRECT? YES. WE HAVE, WE HAVE OUR 15 FOOT BUFFERING ALREADY. AND IF THEY PUT IN A SOLID FENCE, ISN'T THEY COUNT TOWARDS THE BUFFER? IT'S A SEPARATE REQUIREMENT. OH, SEPARATE REQUIREMENT. ALL RIGHT. SO I'M JUST TRYING TO FIGURE OUT LIKE WHY , YOU CAN ENLIGHTEN ME TOO. LIKE WE'RE NOT AGAINST IT. WE ALREADY HAVE A CONTINGENCY IN ORDER TO KEEP THE PERMIT PROCESS GOING WELL FORWARD. WE HAVE ALREADY SUBMITTED DRAWINGS AND A DETAIL FOR THE FENCE. OUR CLIENT IS LIKE, WHY ARE WE GETTING PICKED OUT AND WHY DIDN'T THIS, AND THERE'S SOMEBODY ACTUALLY LIVING AT THIS HOUSE. OUR CLIENT HAS MADE IT, I'M SORRY. IT APPEARS WHEN WE WENT TO DO SIDE VISIT, WE DIDN'T KNOCK ON THERE, BUT THERE WAS CARS AND I MEAN, I GREW UP IN THAT AREA. I'VE, I'VE SEEN, I'VE SEEN A LOT OF THE HOMES TURN INTO, YOU KNOW, GO AWAY. I'M JUST SURPRISED THAT WHEN I SAW THIS AT, THERE'S STILL A HOUSE LEFT THERE. WE SAW LIKE KIDS PLAYING AREA IN THE BACK, IF I REMEMBER CORRECTLY. OKAY. THIS IS THE HOUSE FROM UP, THERE'S ANOTHER HOUSE THERE, BUT IT'S NO LONGER A HOUSE. THE TAXIDERMY OFFICE. I, I'M, I'M JUST BAFFLED. OKAY. ANY OTHER, ANY QUESTIONS? AND I DON'T, I DON'T KNOW THAT THERE, THEY'RE, THEY, WELL, I KNOW FOR SURE THEY'RE NOT BEING PICKED ON. IT'S JUST LIKELY THAT THE FENCE WAS THERE AND THE OTHER BUSINESS WAS EXISTING NON-CONFORMING. AND SO IT DIDN'T, YEAH, COMMISSIONER DIDN'T HAVE THE REQUIREMENT AT THE TIME. COMMISSIONER KAPLAN, THAT WAS ACT IS ACTUALLY, MY QUESTION IS, WHAT'S THE STORY WITH THE OTHER FENCE? UH, IS IT EXISTING NON-CONFORMING? AND WE'RE RESEARCHING THAT, BUT THAT ONE ACTUALLY DOES LOOK LIKE IT MAY BE HAVING TO COME HERE BEFORE Y'ALL BECAUSE IT LOOKS LIKE THERE'S A POSSIBILITY THAT THAT WAS MISSED WHENEVER THE REVIEW DOES REVIEW WAS DONE YEARS AGO. SO DOES THAT MEAN THAT YOU'RE GONNA GO BACK AND, AND CITE THE OTHER PEOPLE? UH, ONCE WE FIGURE OUT, ONCE [01:00:01] WE GET A CONCRETE ANSWER WHAT HAPPENED, WE WILL, WE'LL REVIEW THAT INTERNALLY WITH OUR DIRECTOR AND SEE WHAT THE COURSE OF ACTION IS. SO THIS IS OUR PROPERTY. THIS IS THAT COMMERCIAL THAT'S, THIS IS THAT FOUR FOOT, UH, CHAIN. LINK FENCE, YEAH. THIS IS WHERE WE'RE PROPOSING OUR PARKING. AND THEN THIS PHOTO UP HERE, THIS IS THE SAME RESIDENTIAL HOUSE. THIS IS THAT SAME CHAIN LINK FENCE. AND THIS IS THAT OTHER, UH, DEVELOPMENT OFFICES. ALRIGHT. ANY OTHER QUESTIONS? COMMISSIONER ZUNA? MY QUESTION WOULD BE, HAS THERE BEEN ANY COMMUNICATION WITH THE RESIDENT OF THAT HOUSE, WHETHER THEY ARE THEY, DO THEY WANT THE CHAIN LINK FENCE OR AFTER WE HAD OUR INITIAL, UH, CONTACT WITH, UH, OUR BOARD OR, UH, ASSIGNED INTAKE PERSON WITH MECO, HE SUGGESTED WE FOLLOW UP WITH THE RESIDENTIAL LANDOWNER. OUR CLIENT HAS TRIED TO MAKE CONTACT, I THINK THEY'RE IN A RETIREMENT HOME AND, UH, UH, MAYBE NOT OF SOUND LINE OR AGE. 'CAUSE THAT PUT THE, WHEN HE LOOKED UP UP THE RECORDS THAT HE PUT HER AT 90 YEARS OLD AND WE'D HAVE, HE HASN'T MADE ANY CONTACT WITH ANYBODY 90 YEARS OLD WITH, UH, KIDS PLAYGROUND EQUIPMENT IN THE BACKGROUND. THAT'S WHAT HE SAID HE FOUND ON THE PROPERTY DEEDS AND, AND, UH, NOTHING SUBSTANTIAL. HE HAS TRIED TO, TO MAKE CONTACT. HE HAS NOT AS OF TODAY AT NOON MANNING. OKAY. D MANNING, DID YOU BY CHANCE TRY TO MAKE CONTACT WITH THE NEIGHBORHOOD ASSOCIATION REPRESENTED? I GUESS, I GUESS WITH HIS DID NOT, BECAUSE THEY ARE TOWARDS THE BACK END. THERE'S A LOT OF BRUSH BACK THERE. NO NEIGHBORHOOD ASSOCIATION, SO, SO THIS IS PART OF OAKLAND ESTATES. OH, SO THIS HOME IS PART OF THAT NEIGHBORHOOD ASSOCIATION. AND SO DID YOU HAVE AN OPPORTUNITY TO REACH OUT TO THEM AND TALK TO THEM? DID NOT. OKAY. I'LL FOLLOW UP WITH MY CLIENT AND ASK THEM, BUT I DON'T THINK THEY DID. BUT, BUT THE QUESTION WAS, YOU KNOW, DID THEY HAVE THE CONVERSATION? AND SO, ALRIGHT, SO AT THIS, AT THIS POINT, IS THERE ANY OTHER QUESTIONS? ANYONE SIGN UP TO SPEAK? ANY VOICEMAILS? UH, NO PUBLIC COMMENT. OKAY. YEAH. SO WHAT WE'RE GONNA DO IS I'LL ENTERTAIN A MOTION, UH, LET'S SEE HOW THIS TURNS OUT. COMMISSIONER KAPLAN. OKAY. OKAY. REGARDING CASE NUMBER BO A DASH 23 DASH 1 3 3 43, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A TWO FOOT, EXCUSE ME, JUST GOT TWO FOOT HEIGHT AND FENCE FIGURE, UH, CONFIGURATION VARIANCE FROM THE MINIMUM SIX FOOT PRIVACY FENCE TO ALLOW A FOUR FOOT PREDOMINANTLY OPEN FENCE SITUATED AT 98 11 EBNER ROAD, APPLICANT BEING 1604 HR LLC. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. CONCEDING TO THE FENCE SITE AND CONFIGURATION VARIANCE DOES NOT DEVIATE FROM THIS REQUIREMENT AS THE EXISTING FOREFOOT PREDOMINANTLY OPEN FENCE HAS EFFECTIVELY MAINTAINED A SECURE BOUNDARY BETWEEN COMMERCIAL AND RESIDENTIAL PRIOR TO THIS REQUEST. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD BE REQUIRED TO PROVIDE A SIX FOOT SOLID FENCE ALONG 384 FEET OF PROPERTY TO CREATE DELINEATION TO WHICH AN ADEQUATE FENCE CURRENTLY EXISTS TO COMPLY WITH THE ORDINANCE. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. GRANTING THE VARIANCE WOULD NOT INJURE THE ABUTTING RESIDENTIAL PROPERTY OR NEIGHBORING PROPERTIES AS THE EXISTING FOUR FOOT OPEN FENCE WITH THE REQUIRED 15 FOOT LANDSCAPE BUFFER WOULD PROVIDE SUITABLE PRIVACY, SECURITY, AND PROPERTY DELINEATION BETWEEN COMMERCIAL AND RESIDENTIAL USE. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITHIN THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE EXISTING CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE GRANTING OF VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. SIX. THE PLIGHT OF THE OWNER FOR WHICH THE VARIANCE IS SO AS DUE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO A RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE PROPERTY, UH, FOR WHICH THE VARIANCE OF SORT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS AN EXISTING RESIDENTIAL FENCE AND THE NATURE OF THE FACILITY. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL. SECOND MOTION. SECOND BY COMMISSIONER MANNA. COMMISSIONER KAPLAN? YEAH, I'M, I'M GONNA NOT BE FOR THIS, UH, EITHER. I THINK THE OTHER PROPERTY WILL PROBABLY END UP ALSO GETTING CITED AND IF WE GIVE YOU A VARIANCE, THE OTHER PROPERTY WILL ALSO NOT, AND I THINK IT'LL BE TO THE DETRIMENT OF WHOEVER BUYS THAT RESIDENTIAL PROPERTY. UM, SO THAT'S MY OPINION. COMMISSIONER MANNA, UM, I CONCUR WITH MY COLLEAGUE AND UM, I ACTUALLY LIVE IN THE SISTER NEIGHBORHOOD NEXT DOOR TO THIS. AND SO ONE OF THE THINGS THAT WE SEE ON A REGULAR BASIS IS KIND OF THIS, THIS INFIELD DEVELOPMENT COMING IN AND WE'RE STILL TRYING TO PROTECT OUR COMMUNITIES, YOU KNOW, THAT ARE AVAILABLE. SO THESE, THESE LARGE ACREAGE LOTS. AND SO THIS IS A LARGE ACREAGE LOT NEXT TO IT. AND SO THERE IS STILL PLENTY OF OPPORTUNITY FOR THEM TO ENJOY THEIR PROPERTY, BUT IF IT IS THAT [01:05:01] THEY, THEY DON'T HAVE THAT PRIVACY FROM THAT BUSINESS THAT I THINK THAT WOULD BE, UH, DETRIMENTAL TO THAT PROPERTY. SO, AND AGAIN, OAKLAND ESTATES DOES NOT SUPPORT THIS AND I'M GONNA SUPPORT THAT NEIGHBORHOOD ASSOCIATION. SO ANY OTHER COMMISSIONER COMMENTS? HEARING NONE, LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER KAPLAN, I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER MANA, I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BURTON? NO, I DO NOT. CONCUR. COMMISSIONER BANEZ? NO, I DO NOT. CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER CRUZ? I DO NOT CONCUR. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER VASQUEZ? I DO NOT CONCUR. COMMISSIONER OZUNA? I CONCUR. COMMISSIONER BONILLA? I DO NOT CONCUR. CHAIR ORIAN AND I DO NOT CONCUR. A MOTION FAILS. UH, NINE TO TWO. UH, DO YOU HAVE ANY? YES, ONLY TO THREE. IT DOESN'T MATTER, BUT THREE, AT LEAST WE DIDN'T STRIKE OUT EIGHT TO EIGHT TO THREE. APOLOGIZE. UH, WITH THAT, UH, IF YOU HAVE ANY QUESTIONS YOU GET WITH STAFF. THANK YOU. ALRIGHT. THE APPLICANT FOR ITEM FOUR HERE? YES. OKAY. SO WE WE'RE BRINGING ITEM FOUR BACK FROM THE TABLE. WE'VE ALREADY HEARD THE STAFF PRESENTATION. IF THE APPLICANT'S PRESENT, COME ON UP AND STATE YOUR NAME AND TELL US ABOUT YOUR CASE. WE'RE GETTING A TRANSLATOR FOR HIM. GOOD AFTERNOON. MY NAME IS MAURICIO CONCHE. ALRIGHT. UH, SO THE ISSUE, UH, TELL US ABOUT YOUR, YOUR PROJECT. SO I'M HERE FOR A FENCE THAT I ALREADY BUILT. UH, THEY, ORIG ORIGINALLY SAID THAT I DIDN'T NEED A PERMIT. SO I TALKED TO THE, THE GUY, RICHARD, ON ZONING PLANNER. AND HE SAID THAT I DID NOT NEED THE PERMIT. AND I EXPLAINED TO HIM, SO I'M NOT NEW IN THIS, UM, IN THIS AFFAIR. SO I KNOW YOU ALWAYS NEED PERMITS FOR EVERYTHING. SO WHEN I CAME TO HIM, HE SAID, NO, YOU DON'T NEED A PERMIT. SO I, I ASKED HIM, WRITE IT DOWN AND SIGN IT FOR ME. AND HE DID, I HAVE THE SIGNATURE HERE. ALRIGHT. IF WE GIVE THAT TO STAFF, I'D HAVE HIM PROJECT THAT UP. SO AFTER THAT WE HAVE AN INSPECTOR AND HE SAID, HEY, YOU DON'T HAVE THE PERMIT. SO THE GUY SAID, NO WORRIES, I'M GOING TO FIX THAT IN THE SYSTEM. AND I COMPLETELY FORGOT ABOUT IT. AND AFTER THAT I RECEIVE A LETTER SAYING THAT I NEED TO REMOVE IT. I PARTICULARLY, I DON'T HAVE ANY TROUBLE REMOVE IT, BUT IT WAS NOT ME. YOU KNOW, IT WAS WHAT THEY DID. YOU CAN SEE IT SAYS RICHARD SUNNING PLANNING IN THE BOTTOM TO THE RIGHT. AND HE WROTE EVERYTHING. SO THE LETTERS DOWN THERE SAYS THE PERSON THAT AUTHORIZED THAT I DON'T NEED PERMIT SAID. SO HE SAID, RICHARD TOLD ME I WILL NEED A PERMIT ONLY IF I NEED LIKE A CORRUGATED LEMON FOR MORE THAN SIX FEET. [01:10:01] OKAY. UH, I I HAVE A COUPLE QUESTIONS. UH, WAS, WAS THERE A FENCE THERE BEFORE? YES. AND WHAT WAS IT MADE OUT OF? IT WAS, UH, LIKE A CHAIN, LIKE A CHAIN, METAL CHAIN. OKAY. AND WHAT IS THE, THE NEIGHBORING PROPERTY? WHAT, WHAT ARE THEY? IS THAT A HOUSE OR A BUSINESS? NO, IT'S COMMERCIAL. OKAY. AND DID YOU TALK TO THE NEIGHBOR? DID THEY, ARE THEY OPPOSED? YES, THEY, I TALKED TO THEM AND EVERYBODY AGREED BECAUSE THEY SAID IT'S BETTER FOR US. IT'S GOING TO BE PRIVATE. OKAY. UM, ARE THERE ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? COMMISSIONER KAPLAN? YEAH, KAPLAN, ONE OF THE THINGS WE LOOK AT IN TERMS OF SAFETY IS WHEN YOU HAVE A METAL FENCE THAT YOU SHOULD HAVE A CAP ON TOP OF THE FENCE. SO WOULD YOU AGREE TO PUT THAT ON? IT'S GOING TO GENERATE SOME COST TO MY POCKET. EXCUSE ME. WHAT DID YOU SAY? IT'S GOING TO GENERATE SOME COSTS OUT OF POCKET, OBVIOUSLY, BUT IT'S IMPORTANT. 'CAUSE IF SOMEBODY TRIES TO CLIMB OVER, THEY DON'T GET CUT OR SOMETHING HAPPENS. YOU NO, NO. IT IS CAP. UM, COMMISSIONING IS CAP. YOU DON'T HAVE IT OPEN, YOU KNOW, LIKE, UH, YOU HAVE THE WIRE HERE. NO, IT'S, IT'S ALREADY STATS. DID YOU OBSERVE A, A CAP ON THE TOP OF THE FENCE? IT DOESN'T, WE DID NOT OBSERVE ONE. UM, I WILL, I CAN SHOW YOU RIGHT NOW BECAUSE I HAVE CAMERAS AND WHILE HE'S PULLING THAT UP, IF I CAN CLARIFY, THE PROPERTY TO THE EAST IS A NON-CONFORMING SINGLE FAMILY. AND THE STATEMENT PUT ON THERE BY RICHARD, UM, AS DISCUSSED WITH THE APPLICANT DURING THIS APPLICATION, RICHARD DID NOT WRITE THAT. MM-HMM. THIS IS SOMETHING THAT THE APPLICANT WROTE BASED ON HIS RECOLLECTION OF A CONVERSATION WITH RICHARD. OKAY. UM, DO YOU HAVE ANY IN GOOGLE? BECAUSE HE CANNOT SEE IT, UNFORTUNATELY. HE CANNOT SHOW US. UH, IT'S TOO SMALL AND TOO FAR. WELL, SO HERE, HERE'S WHAT'S HAPPENING. UM, WE, WE OCCASIONALLY GET APPLICATIONS FOR CORRUGATED METAL FENCES AND IT IS USUALLY IMPORTANT TO THE COMMISSION THAT THE, THAT THE FENCE HAS A CAP ON IT. AND WOULD, WE CAN'T MAKE YOU DO THIS, BUT IF YOU WOULD LIKE TO AMEND YOUR APPLICATION FOR A CORRUGATED METAL FENCE WITH A CAP, IT MIGHT TOP AND BOTTOM, BUT ON THE BOTTOM IT'S ALREADY ON THE FLOOR, YOU KNOW, ON THE SOIL. COMMISSIONER MANNA, IS THERE ANY, UH, I GUESS IT'S ANY EXPOSED, I THINK THE PER PER CODE IT'S ANY EXPOSED? YES. OR COULD YOU AMEND THE APPLICATION TO INCLUDE A CAP ON ANY EXPOSED, GIMME ONE SECOND. MM-HMM. GIMME ONE SECOND. I WILL, I WILL SAY WHAT HE'S SAYING. SO I CAME HERE TO PAY FOR A PERMIT AND THE PERSON WHEN I CAME HERE SAID, NO, YOU DON'T NEED TO HAVE A PERMIT. AND GIMME ONE SECOND. LET'S GO WITH, UM, UM, WELL WE'RE BEYOND THE PERMIT ISSUE. WE'RE WE'RE, YEAH. YOU'RE NOT ALLOWED TO HAVE A CORRUGATED METAL FENCE WITHOUT APPROVAL FROM THIS COMMISSION. MAYA. OKAY. CAN YOU SEE IT? IS THIS RIGHT HERE? [01:15:02] WE PUT IT IN THE, OKAY. WE'RE, WE'RE, WE'RE NOT DOING THE DESIGN OF THE FENCE. WE'RE, WE'RE SIMPLY SAYING WHAT IS, WHAT IS BEING REQUESTED WITH US RIGHT NOW? WHAT IS BEING REQUESTED IS CORRUGATED METAL. BUT WE'RE INTERESTED TO KNOW IF YOU WOULD LIKE TO AMEND YOUR APPLICATION TO INCLUDE A CAP ON ALL EXPOSED SIDES. SO WHAT YOU HAVE IN THE PICTURE IS WHAT YOU WANT ME TO HAVE. LET ME, I'M JUST GONNA TALK TO, I'M GONNA TALK TO THE INTERPRETER FOR A SECOND. I WANT, I WANT, I WANT YOU TO UNDERSTAND WHAT WE'RE GOING, WHAT WE'RE ASKING FOR. OKAY. SO YOU CAN'T USE CORRUGATED METAL. I'M, I'M JUST TALKING TO YOU CAN'T USE CORRUGATED METAL UNLESS THIS COMMISSION APPROVES IT. WE'RE NOT APPROVING THE TECHNICAL SPECIFICS OTHER THAN WHETHER OR NOT IT'S GOING TO HAVE A CAP ON EXPOSED EDGES. WE'RE, WE'RE NOT SAYING YOU HAVE TO DO IT THIS WAY OR YOU HAVE TO USE THIS VERSION OF IT. IT JUST, WOULD THE APPLICANT LIKE TO AMEND HIS APPLICATION TO INCLUDE A CAP ON ALL EXPOSED EDGES? IF HE DOESN'T, THEN ALL WE'RE VOTING ON IS CORRUGATED METAL AS SHOWN IN THIS PICTURE. MA'AM. AND JUST TO BE CLEAR, THAT'S ANYTHING THAT IS SHARP, IT'S THE PART THAT CAN CUT YOU ALONG THE TOP OR THE BOTTOM. THAT IS WHAT THEY'RE TALKING ABOUT. MM-HMM? . I AGREE. I AGREE. SO WE HAVE AN AMENDED APPLICATION TO INCLUDE A CAP ON EXPOSED EDGES. AND THEN THE LAST, UH, QUESTION I HAVE IS THIS FENCE IS RUNNING ALONG THE EAST SIDE AND A PORTION OF THE NORTH SIDE, THE EAST SIDE IS A COMMERCIAL BUSINESS. THE NORTH SIDE IS A RESIDENTIAL HOME. AND SO I, SO WHOEVER, UH, MAKES A MOTION ON THIS, BE AWARE THAT THEY CAN EXCLUDE OR INCLUDE THE NORTH SIDE OR THE EAST SIDE AS AC FED AND THEN WE'LL DELIBERATE. SO DO WE HAVE ANYBODY SIGN UP TO SPEAK? WE HAVE ONE VOICEMAIL, SO WE'RE GOING TO HEAR A VOICEMAIL AND THEN WE'LL GO BACK TO THE APPLICANT. YEAH. HOW YOU DOING THIS LAN? I'M PRESIDENT PROSECUTOR HOMEOWNER ASSOCIATION. I'M CALLING ABOUT THE, UH, BOARD OF ADJUSTMENT 23 1 0 3 0 0 3 3 3. UM, I'VE GONE OVER WITH A COUPLE OF BOARD MEMBERS THAT THEY DON'T HAVE A PROBLEM. I DON'T HAVE A PROBLEM. I THINK IT WILL, UH, MAKE A FENCE LOOK GOOD USING CORRUGATED. SO WE'RE IN SUPPORT OF THAT. AND, UH, JUST, UH, CALL AND LEAVE A MESSAGE. THANK YOU. IF YOU HAVE ANY QUESTIONS. AREA CODE 2 1 0 5 8 4 0 5 0 4. THANK YOU. HAVE A GOOD DAY. BYE. ALRIGHT, SO WITH THAT, UM, IF THE APPLICANT WOULD LIKE TO ADD ANYTHING FURTHER, CAN I ASK YOU A QUESTION? SURE. I JUST REPORT THAT, UM, YOU KNOW, IN MY PROPERTY, UH, SOMEONE CAME AND STOLE THINGS. SO MY INTEREST TO HAVE THE FENCE AS SOON AS POSSIBLE IS FOR THE SAFETY OF THE PROPERTY. OKAY. AND, AND STAFF THERE IS A PUBLIC ALLEY BETWEEN HIS PROPERTY AND THE NEIGHBORING PROPERTY, IS THAT CORRECT? CORRECT. OKAY. SO THEN DAILY THERE IS VANDALISM THERE. RIGHT. AND QUESTION ALSO STAFF COMMISSIONER MAN. UM, SO IT LOOKS, SO JUST FOR THE APPLICANT, ARE YOU USING THE PASS THROUGH, UH, ON THE PROPERTY BEHIND YOU AT ONE 20 WILMONT TO, TO EXIT AND ENTER OFF THE PROPERTY? 'CAUSE IT LOOKS LIKE THERE'S A CLEAR PATH WORN IN, UH, VIA THE AERIAL HERE ON THIS PICTURE? [01:20:04] YES. THERE IS A FREE PASS THERE AND I'M RENTING THAT PART. SO I DON'T KNOW THE CURRENT TENANT. HOW IS THAT PERSON USING IT? MR. CHAIR? YES. COMMISSIONER CRUZ ON THE RECORDING THAT THEY PLAYED, I DIDN'T HEAR ANY OF IT, SO I AM, SO IT WAS A HOMEOWNER ASSOCIATION THAT WAS IN, THAT DID NOT HAVE A PROBLEM WITH THE CORRUGATED METAL FENCE. OKAY. TO GO AHEAD. AND, AND THEY WERE IN FAVOR OF IT. OKAY. THAT'S WHAT I WANTED TO DOUBLE CHECK. THANK YOU. YOU'RE WELCOME. ALL RIGHT. IS THERE ANY OTHER QUESTIONS? UH, HEARING NONE, UH, IF THERE'S ANY CLOSING REMARKS FROM THE APPLICANT, ARE YOU GUYS GOING TO GIVE ME THE FORM RIGHT NOW SO I KNOW EXACTLY WHAT TO WRITE ON? YOU HAVE TO FIRST MAKE A VOTE. YEAH, WE'LL MAKE A VOTE AND THEN WE'LL, OKAY. SO WE'RE LOOKING FOR A MOTION THEN. COMMISSIONER KAPLAN. OKAY. REGARDING CASE NUMBER BO A DASH 23 DASH OH 3 3 3 3, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A VARIANCE IN DEFENSE MATERIALS TO ALLOW FOR CORRUGATED METAL FENCE IN THE SIDE AND REAR YARD SITUATED AT 4 4 1 9 WEST COMMERCE STREET, APPLICANT BEING MAURIZIO C BECAUSE THE TESTIMONY PRESENTED US TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEFENDANT 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 IS REPRESENTED BY THE REQUIRED MATERIALS FOR CONSTRUCTING A FENCE. THE REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST AS CORRUGATED METAL IS LOCATED IN A COMMERCIAL LOT SURROUNDED BY AN ALLEY AND AN INDUSTRIAL LOT. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE COMMERCIAL PROPERTY IS REQUIRED TO PROVIDE A SIX FOOT PRIVACY FENCE ADJACENT TO A RESIDENTIAL LOT, WHICH CREATES AN UNNECESSARY HARDSHIP FOR THE APPLICANT, IF NOT ALLOWED A CORRUGATED METAL FENCE. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE STRUCTURE APPEARS TO OBSERVE THE SPIRIT OF THE ORDINANCE AS IT PROVIDES REQUIRED PRIVACY FROM THE RESIDENTIAL. LOTS FOR THE VARIANCES, WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE GRANTING OF THE VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED AS THE FENCE IS CONSTRUCTED IN THE SIDE AND REAR YARD OF A COMMERCIAL PROPERTY ABUTTING AN ALLEY. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY OR NOT MERELY FINANCIAL AND THEY'RE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS A REQUIRED SIX FOOT FENCE AND THE LOCATION OF THE PROPERTY ALONG A PRIMARY ARTERIAL ROAD. ALSO, WE WANNA SAY THIS IS AMENDED TO INCLUDE, UM, CAPS ON ALL AREAS THAT ARE EXPOSED OF OFFENSE. END OF MOTION. SECOND. SECOND BY COMMISSIONER MANNA. COMMISSIONER KAPLAN? YEAH, I'LL BE IN FAVOR OF THE, UM, OF AS, AS AMENDED. UM, THERE IS NO OPPOSITION TO THIS. UM, IT'S ALREADY UP. IT IS A PRIMARILY COMMERCIAL AREA, SO, UM, YOU KNOW, I GUESS I'LL GIVE IT COMMISSIONER AMANDA. SO, SO I GUESS I, I DO HAVE ONE QUESTION WITH REGARDS TO THE BACK. THE, I GUESS THE BACKSIDE OF THE PROPERTY FOR TWO QUESTIONS. FIRST IS THAT IS RESIDENTIAL AND SO IT IS FACING A RESIDENTIAL COMMUNITY. UM, AND THEN I GUESS THE SECOND PORTION OF THAT IS THAT IT DOESN'T APPEAR TO BE A COMPLETE FENCE, WHICH WE JUST HAD OUR PRIOR CASE, WHICH SAYS THAT IT'S SUPPOSED TO BE A SIX FOOT FENCE ALL THE WAY ACROSS. AND SO, UM, SO I GUESS I DON'T KNOW THAT I'D WANT TO ALLOW, YOU KNOW, BASICALLY THE WAY IT WAS READ A, UM, CORRUGATED METAL ACROSS THE ENTIRE BACK, UM, ESPECIALLY WHEN IT'S, UH, ABUTTING AS IS, AS SO MINIMALLY AS IS OR NOT TO INCLUDE THE, NOT TO INCLUDE THE BACK. SO I'LL AGREE WITH THAT. YEAH. SO, UM, WE SHOULD AMEND THE, UH, UM, APPLICANT TO SAY, UM, AS, AS BUILT OR, OR AS A BUDDY OR, OR AS OPPOSITE, UH, 1 7 2, [01:25:01] UH, WHATEVER THAT STREET IS AS BUILT. UH, HOLD ON. UH, YEAH, THE, THE STREET LABELS AREN'T ON THE, UH, SO AS, AS AS IT FRONTS, UH, 1 1 2 WILMONT THE REAR, THE REAR YARD OF 1 1 2 WILMONT. SO, SO THAT WOULD LIMIT, YEAH, SO THAT WOULD LIMIT THE CONSTRUCTION AND, BUT STAFF THEY STILL HAVE THE OTHER QUESTION WITH REGARDS TO, YEAH. IF STAFF DOES THE, DOES THE PUBLIC ALLEY REMOVE THE REQUIREMENT TO HAVE THE PRIVACY FENCE SEPARATING A COMMERCIAL AND A RESIDENTIAL USE? IT DOES NOT. IT DOES NOT. OKAY. I JUST WANTED TO ASK. SO WE HAVE, UM, UM, WE HAVE A MOTION THAT HAS BEEN FIRST AMENDED TO RESTRICT THE NORTH SIDE OF THE FENCE TO BE THAT FRONTING 1 1 12 WELLMONT, BUT TO, BUT IT DOES NOT INCLUDE ANY OTHER PART OF THE REAR YARD. THANK YOU. OKAY. YEAH. ALRIGHT. UM, MR. CHAIRMAN? YES. COMMISSIONER BERRY, DO YOU ACCEPT A, A FRIENDLY AMENDMENT TO INCLUDE THE REFERENCE TO A CAP, UH, IN THE, UH, SECOND LINE OF THE FIRST PARAGRAPH RATHER THAN JUST AT THE END? YEAH, SO WE, I, THE, UH, I I, I'M SITTING NEXT TO THE PERSON WHO SPOKE SO I COULD HEAR EVERYTHING SHE SAYS REALLY CLEAR. UH, SHE DID MENTION THE PROVISION OF A CAP, UH, BUT PUT, OH, HE SAID I SHOULD PUT IT IN THE SECOND LINE INSTEAD OF AT THE END. IT DOESN'T MATTER TO ME. I, I, I AM FINE WITH PUTTING IT IN THE SECOND LINE IF IT FEELS BETTER. OKAY. I JUST THINK IT WOULD BE CLEARER. DOESN'T MATTER TO PUT IT RIGHT UP FRONT. SO WE HAVE A, A FRIENDLY MANNER THAT DOESN'T BEEN ACCEPTED BY THE MAKER TO INCLUDE IN THE FINDINGS. UH, THE ADDITION OF CAP AGREE CAP ON ITEM NUMBER TWO, WHICH HAS ALSO BEEN ACCEPTED BY THE SECOND. ALRIGHT, SO LET'S HAVE A ROLL CALL VOTE. COMMISSIONER KAPLAN, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER MANA, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BURTON. I CONCUR. COMMISSIONER EZ. COMMISSIONER I CONCUR. COMMISSIONER DEAN. COMMISSIONER I CONCUR. COMMISSIONER CRUZ, COMMISSIONER I CONCUR. COMMISSIONER BEES. I CONCUR. COMMISSIONER VASQUEZ. COMMISSIONER VASQUEZ. I CONCUR. COMMISSIONER UNA. COMMISSIONER I CONCUR. COMMISSIONER BONILLA, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES AS, UH, AMENDED. AND, UM, UNANIMOUSLY IF YOU COULD HAVE THE APPLICANT, IF HE HAS ANY QUESTIONS TO WHAT WE JUST DID, UH, STAFF WOULD BE MORE THAN HAPPY TO DISCUSS IT IN THE HALLWAY. THANK YOU. THANK YOU. ALL RIGHT, ITEM NUMBER SEVEN. ALL RIGHT, ITEM NUMBER SEVEN, BO A 2 3 1 0 3 0 0 3 4 5. ADDRESS? 25 0 4 NORTH ST. MARY'S STREET, UH, COUNCIL DISTRICT ONE, PATRICK CHRISTENSEN. PPC. UM, A REQUEST FOR A NINE FOOT, 11 INCH, 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE ONE INCH FROM THE FRONT SETBACK. UH, ZONING FOR THIS IS, UH, SIX OR R SIX, EXCUSE ME. THE SUBJECT PROPERTY IS LOCATED ON THE CORNER OF NORTH ST. MARY'S STREET AND TERRY COURT. DUE TO THE URBAN DEVELOPMENT OF THE AREA, APPLICANT WISHES TO RECONFIGURE FRONT ENTRANCE OF THE BUILDING TO ALLOW FOR A COVERED DROP OFF AREA FOR EASE OF AC ACCESS FOR FUNERALS, CEREMONIES, AND PATRONS WITH LIMITED MOBILITY. THE PROPERTY PROPERTY'S LIMITED FRONTAGE SPACE WILL EXTEND THE PROPOSED PORT CO SHARE CLOSE TO THE PROPERTY LINE. THE ISSUANCE OF A BUILDING PERMIT IS PENDING THE OUTCOME OF THE BOARD OF ADJUSTMENT. AND THIS IS THE SITE PLAN. AND THIS IS ADDITIONAL SITE PLAN AND SITE PLAN. YEP. AND THEN THE SUBJECT PROPERTY. AND THIS WILL BE THE SIDE AREA OF THE SUBJECT PROPERTY THAT'S THE REAR, UH, PARKING AND FRONT AREA SURROUNDING AREA. RECOMMEND, UH, STAFF RECOMMENDS DENIAL AND BA 2 3 1 0 3 0 0 3 4 5 BASED ON THE FOLLOWING FINDINGS OF FACTS, THE REDUCED FRONT SETBACK INJURES NEIGHBORING PROPERTIES AND TO THE PORT CHE WOULD ONLY REDUCE FRONT SETBACK TO, TO THE AREA WHICH IS AGAINST THE SPIRIT OF THE ORDINANCE HERE. STAFF MAILED 30, 34 NOTICES. UH, 11 WERE IN FAVOR, ZERO IN OPPOSITION. NO RESPONSE FROM THE TOBIN HILL, UH, NEIGHBORHOOD ASSOCIATION. AND THESE ARE ALL THE PUBLIC COMMENTS IN FAVOR. [01:30:05] AND THIS CONCLUDES STAFF'S PRESENTATION BEHIND THIS, APPARENTLY. ALL RIGHT, UH, LET'S HAVE THE APPLICANT COME FORWARD. IF YOU COULD STATE YOUR NAME AND TELL US ABOUT YOUR CASE. AND JUST TO LET YOU KNOW, UH, PLEASE CLARIFY WHERE EXACTLY THIS IS GOING IN RELATION TO SOME OF THE PICTURES WE'RE SEEING. JUST THE, YEAH, THAT'S IT. THAT'S IT. OKAY. GOOD AFTERNOON COMMISSIONERS. PATRICK CHRISTENSEN, THREE 15 ECOMMERCE. I'M HERE ON BEHALF OF SAINT SOFA, SAINT SOPHIA'S, GREEK ORTHODOX CHURCH. I HAVE GREG ASBESTOS WITH THE CHURCH FATHER THOMAS AND JOHN SPIEGEL, THE ARCHITECT IF YOU HAVE ANY REALLY DETAILED QUESTIONS. BUT THIS IS THE BASIC AREA. I'M SURE YOU'VE ALL DRIVEN PAST THIS A MILLION TIMES. IT'S RIGHT ACROSS THE STREET FROM DEMOS ON THE CORNER OF ASHBY AND ST. MARY'S STREET. UM, SO AS, AS YOU PROBABLY ARE ALSO AWARE OF, YOU KNOW, ST. MARY STREET HAS BEEN UNDER CONSTRUCTION FOR, FOR OVER TWO YEARS AND THEY, THEY FINALLY FINISHED. AND AS PART OF THAT, I'LL SHOW YOU A SITE PLAN, BUT IN THIS SPOT RIGHT HERE, THE CITY BUILT A CURB CUTS SO THAT ST. SOPHIA'S CAN BUILD A LITTLE DRIVEWAY SO THAT OLDER PEOPLE, FUNERAL, FUNERAL, UH, HEARSES, THINGS LIKE THAT CAN PULL UP CLOSE TO THE CHURCH. THEY USED TO BE ST. MARY STREET STREET, SORRY, USED TO BE SIGNIFICANTLY WIDER AND A HEARSE AND THINGS LIKE THAT COULD PARK RIGHT OUT HERE IN FRONT AND THEY COULD WALK IN. THAT'S KIND OF BEEN LOST. THEY WIDENED THE SIDEWALKS, THEY PUT PLANTERS AND STUFF OUT IN FRONT OF THE CHURCH. SO THEY REALLY CAN'T DO THAT ANYMORE. AND THAT'S WHY THE CITY BUILT THE, THE DRIVEWAY CURB CUTS. I THINK I CAN DO THIS. THERE WE GO. AND THIS IS THE AREA IN QUESTION, AS YOU CAN SEE IN THIS SORT OF MEDIAN RIGHT HERE, THAT'S ONE OF THE DRIVEWAY CURB CUTS. THAT'S THE OTHER. THIS IS EXISTING STRUCTURES THAT HAVE BEEN THERE. SAINT SOPHIA'S HAS BEEN THERE SINCE 1926. THIS IS A NEWER ADDITION THAT WAS BUILT A LITTLE BIT LATER. THAT'S SORT OF THEIR, UH, GYMNASIUM, BANQUET HALL, UH, FACILITY. LEMME GO TO THE NEXT SLIDE. SO WHAT'S GOING ON IS I'VE SUBMITTED THE REZONING CASE, THE REZONING CASE FOR THE PARKING LOTS BEHIND ST. SOPHIA'S. MAYBE I SHOULD GO BACK TO THAT AREA. SO YOU CAN SEE WHAT I'M TALKING ABOUT RIGHT HERE. ALL OF THIS, WE'VE REZONED THAT FROM R SIX. AS YOU KNOW, R SIX, SINGLE FAMILY ZONING ALLOWS FOR CHURCH USES. WE REZONED ALL OF THIS TO C ONE S TO ALLOW FOR COMMERCIAL PARKING. AND THE REASON BEHIND THAT IS, I'M SURE YOU'VE ALSO HEARD ABOUT ST. MARY'S STREET, THE ISSUES WITH PARKING AND, AND THE BARS AND EVERYTHING. AND THERE'S SOME FACTIONS WITHIN THE TOBIN HILL NEIGHBORHOOD ASSOCIATION WHO ARE KIND OF WITH THE BELIEF THAT, WELL, IF WE DON'T ALLOW ANY PARKING ANYWHERE, THE BARS WILL ALL CLOSE DOWN. WELL, THAT'S KIND OF THE SITUATION. NOW. THE BARS HAVE BEEN THERE FOR 40 YEARS. WELL, SOME FACTIONS WANT MORE PARKING SO THAT PEOPLE AREN'T PARKING IN FRONT OF THEIR HOUSES AND THINGS LIKE THAT. SO AS PART OF THAT, SAINT SOPHIA'S REZONED THIS TO C ONE S. IT'S BEEN A UNANIMOUSLY APPROVED A LITTLE PROPERTY ACROSS THE STREET. IT WAS UNANIMOUSLY APPROVED BY THE ZONING COMMISSION. WE GO TO COUNCIL THIS THURSDAY FOR APPROVAL OF THAT. WE DID NOT REZONE THE CHURCH ITSELF TO COMMERCIAL ZONING 'CAUSE THERE WAS SOME SUSPICION FROM THE NEIGHBORHOOD. WELL, WHAT IF THE CHURCH SOMEDAY LEAVES, THEN WE'VE GOT ANOTHER COMMERCIAL PROPERTY AND IT COULD BE A NIGHTCLUB OR SOMETHING LIKE THAT. SO WE'RE LIKE, LOOK, WE'RE NOT TRYING TO PULL ANY FAST ONES OR FOOL ANYONE. WE'LL LEAVE THE, THE CHURCH SINGLE, SINGLE FAMILY R SIX AND WE'LL JUST REZONE THE PARKING LOTS TO THE C ONE S. UM, BUT THAT CREATES THIS PROBLEM. 'CAUSE IF WE WERE ZONED COMMERCIAL, WE WOULDN'T HAVE A FRONT SETBACK. SO WE HAVE, WE'RE GETTING STUCK WITH THE R SIX SINGLE FAMILY RESIDENTIAL FRONT SETBACK ON OUR ESHA RIGHT HERE. SO THIS IS WHAT WE'RE PROPOSING. IT'S BASICALLY JUST SORT OF A, YOU SAW THOSE OTHER PICTURES, IT'S SORT OF A ROOF WITH SOME COLUMNS HERE. THERE'S NO SIGHT LINE ISSUE. 'CAUSE YOU CAN SEE RIGHT THROUGH THIS. IT'S JUST A WAY TO PROVIDE SOME SHADE AND COVER IN CASE THERE'S A RAINSTORM OR SOMETHING LIKE THAT SO THAT PEOPLE CAN IN, CAN GET INTO THE CHURCH. AND UH, I'D LIKE TO HAVE GREG COME UP AND JUST SPEAK A FEW POINTS, KIND OF A LITTLE BIT OF THE CHURCH'S STORY ON THIS. BUT THIS IS BASICALLY WHAT WE'RE ASKING FOR AND THAT'S WHY WE'RE ASKING FOR THE MANNA, ALMOST 10 FOOT VARIANCE. COMMISSIONER MANNA COULD, COULD YOU BRING UP THE GOOGLE OVERHEAD AND, AND, UH, HELP POINTING OUT A LITTLE BIT MORE SO THAT WAY IT, I THINK IT'S A BETTER VIEW. 'CAUSE I'M STILL STRUGGLING WITH A LITTLE BIT WITH THE PORTION WE'RE TALKING ABOUT HERE. MM-HMM. , YOU BRING UP THE ZONING TWO YEARS OLD. SO ON THAT VIEW, UH, WHERE IS IT THAT WE'RE TALKING ABOUT THERE PLEASE? RIGHT HERE. SO A LITTLE DRIVE WILL COME IN, RIGHT? LIKE SO. OKAY, THANK YOU. AND I, I'D JUST LIKE TO SAY, YOU KNOW, BEFORE I, BEFORE I TURN IT OVER TO GREG, I MEAN, SO WITH THE REZONING WE'VE GOT ON THURSDAY, THE, THE CHURCH ITSELF, THE CHURCH STRUCTURE, ALTHOUGH IT'S OWN SINGLE FAMILY, IT'S ENTIRELY SURROUNDED BY COMMERCIAL ZONING. C ONE ALL THE WAY AROUND WITH THOSE PARKING LOTS. AND, YOU KNOW, WE GET BACK INTO THE, THE BOARD OF ADJUSTMENT, THE, THE VARIANCE, THE HARDSHIPS, THE UNIQUE CIRCUMSTANCES. [01:35:01] I MEAN, CLEARLY THE ST. SOPHIA'S IS ON AN IRREGULAR LOT. WE'RE AT A MAJOR INTERSECTION, THE ST. MARY'S STREET NARROWING, IF YOU WILL, FOR, FOR THE WIDER SIDEWALKS. THE BIKE LANES AND THINGS HAVE HAVING ENCROACHED ONTO THE CHURCH PROPERTY AND KIND OF, THEY'RE, THEY'RE JUST TRYING TO RECONFIGURE IS WHAT WE'RE TRYING TO DO HERE. AND I'LL LET GREG GO AND I'M HAPPY TO ANSWER ANY QUESTIONS WHEN GREG FINISHES. THANK YOU. THANK YOU, PATRICK. MY NAME IS GREG ASBESTOS, UH, PARISH COUNCIL MEMBER FOR SAINTS FI GREEK ORTHODOX CHURCH. SO ON BEHALF OF, UH, THE CHURCH AND OUR MEMBERSHIP, UH, WE THANK THE CHAIR, THE BOARD OF ADJUSTERS AND THE COUNCIL HERE FOR LISTENING. UM, AND I HEARD THE WORD SPIRIT OF THE ORDINANCE. UH, IF I MAY, JUST TO REITERATE THE, UH, VOTE, UH, RESPONSE FROM THE NEIGHBORS AND COMMUNITY WAS 11 TO ZERO. SO I WOULD HOPE THAT THE BOARD WOULD TAKE THAT INTO CONSIDERATION. SO 11 IN FAVOR, ZERO OPPOSED. UH, AS PATRICK SAID, WE'VE GONE THROUGH A COMPLETE REZONING OF THE AREA. COULD I ASK IF THE ZONING, THE ONE STOP ZONING MAP COULD BE PUT UP TO SHOW THAT, UH, JUST AT YOUR, YOUR ITEM BECAUSE, UM, YOU'LL SEE WHERE IT CURRENTLY IS. UM, THAT'S, THAT'S WHERE THE PIECE THAT WAS MAILED OUT TO EVERYBODY, BUT CURRENTLY, UM, AND I CAN MAYBE JUST POINT OUT WITH THAT ONE IF YOU WANT TO. IT'S, IT'S FINE. OKAY. THEY'LL GO BACK TO, UM, THE AREA THAT IS SURROUNDING THE CHURCH NOW HAS BEEN CONVERTED FROM THE R SIX RESIDENTIAL AREA TO COMMERCIAL. UH, AND THEN THAT WAS DONE, UH, FOR TWO PURPOSES. ONE IS TO ATTEMPT TO SATISFY AND HELP THE COMMUNITY WITH PARKING, UH, SPECIFICALLY ON STREET PARKING, WHICH HAS BEEN A NUISANCE. AND, UH, UH, AND ACTUALLY, UH, CREATING A, A SIGNIFICANT AMOUNT OF CRIME AND BREAK-INS. UH, SO WE'RE LOOKING TO TRY TO, UH, HELP THE COMMUNITY WITH THAT. PLUS, UH, FROM A PERSPECTIVE OF, OF FUNDS RAISING FUNDS AND, AND CAPITALIZING ON IT. UH, OUR CHURCH HAS BEEN HERE SINCE 1926, SO IT'S 96 YEARS. UM, WE DO THE MATH, UH, IT'S A HUNDRED YEARS COMING UP IN, IN, IN 26. SO, UH, WHAT PROMPTED ALL OF THIS, AGAIN, WAS THE CITY. AND AS THE STAFF MENTIONED, I THINK IT WAS DUE TO URBAN DEVELOPMENT IN THE AREA. WELL, ST. MARY STREET IS A LITTLE BIT MORE IN THE LAST THREE AND A HALF YEARS, MORE THAN JUST URBAN DEVELOPMENT IN THE AREA. WE'VE GONE THROUGH TREMENDOUS STRESS, UH, DURESS, UM, SPA GLASS. THE CITY HAS GONE, RAZZIE AND HIS CREW ARE OFF TO ANOTHER PROJECT. UH, THE OTHER 50 PROJECTS THAT THEY'RE DOING. UH, SO WE NOW ARE LEFT WITH A STREET THAT IS TWO LANES WITH A, WITH A TURN LANE IN THE MIDDLE AND BIKE LANES AND NO ACCESS TO THE FRONT OF OUR CHURCH. THAT ACCESS WAS ENJOYED AND BENEFICIAL TO US FOR 96 YEARS. UH, IT HAS NOW, UH, DISSIPATED AND BEEN TAKEN AWAY. SO WHAT WE'RE LOOKING TO DO IS STILL CREATE THE ACCESS WITH THE DRIVE AND THE APRONS THAT THE CITY ALLOTTED US. BUT WE'RE LOOKING FOR THE PORTIER AND THIS OVERHANG, IF I MAY, OR COVERING WHATEVER YOU WANT IT TO BE, TO GIVE IT A, A, A PLACE OF PROTECTION FROM WEATHER AND ALSO A FOCAL POINT ON THE HALL ITSELF. UM, SO PEOPLE WOULD KNOW HOW TO DRIVE IN AND STOP. UH, IN ADDITION TO THAT, THE, THE PORTICO SHARE WOULD BE A FOCAL POINT FOR THE HALL ITSELF FOR POSSIBLY, UM, EVENTS AND THINGS THAT WE WOULD ALSO BE ABLE TO GENERATE REVENUE FROM AND HELP THE COMMUNITY. UH, WE HAVE BEEN THE BASIS FOR THE TOBIN HILL ASSOCIATION MEMBERSHIP MEETINGS OVER THE LAST TWO YEARS. AND, UH, AS A MATTER OF FACT, THERE WAS A MEETING THERE ON THURSDAY AND THERE WAS NO OBJECTION TO THE, UH, DISCUSSION THAT WE HAVE. SO AGAIN, I'M GOING BACK TO THE SPIRIT OF THE ORDINANCE. WE UNDERSTAND THAT IT IS AN ORDINANCE AND IT'S IN PLACE AND WE RESPECT THE CITY FOR WHAT THEY'VE DONE AND THE, AND THE STAFF OR WITH THEIR RECOMMENDATION. BUT THE R SIX HAS SIMPLY BEEN THERE FOR 96 YEARS. AND, UM, WHAT WE'RE LOOKING TO DO IS TO JUST TAKE THE PORTICO SHARE THAT WILL COME OUT, COVER THAT AREA, COVER THE DRIVEWAY THAT YOU SAW, AND ALSO IT'S GONNA BE BEHIND A, A WROUGHT IRON FENCE THAT WILL BE REINSTALLED THAT HAS BEEN TAKEN DOWN NOW FOR THREE AND A HALF YEARS. THAT EVERY FRIDAY, SATURDAY AND SUNDAY, WE PICK UP AT LEAST 15 TO 20 GALLONS OF TRASH ON, ON THE PREMISES OF OUR CHURCH FROM THE, THE PEOPLE ENGAGING ON THE STREET. AGAIN, WE'RE NOT AGAINST THE STREET, WE'RE VERY MUCH IN FAVOR OF IT. WHAT WE'RE LOOKING TO DO IS SIMPLY TO TRY TO TAKE AND LOOK TO THE BOARD OF ADJUSTERS TO SEE OUR PERSPECTIVE AND HOPEFULLY THAT WE CAN, AGAIN, I THINK THE WORD WAS USED HERE, A SEA. WE, WE LIVE IN A SEA OF COMMERCIALISM. I, I, I THINK THAT WAS, UH, UH, DONALD'S COMMENTS, UH, FROM, FROM THE CHAIR. BUT, UM, WHAT WE LOOK TO DO IS TO TRY TO TAKE THIS FACILITY AND ENHANCE OUR PARKING AREA AND CREATE A SAFE AREA FOR DROP-OFFS FOR USE OF THE FACILITY FOR THE, UH, REGULAR SERVICES OF THE CHURCH, WHICH AGAIN, OUR FUNERALS, UH, OUR, OUR BAPTISMS, OUR WEDDINGS, UH, OUR REGULAR SUNDAY SERVICE, AND ALSO UTILIZE THE FACILITY FOR THE HALL. SO, UH, WITH THAT, AGAIN, I THANK YOU ALL. THANK YOU FOR YOUR VOLUNTEER TIME. THANK THE BOARD FOR THEIR WORK AND THE STAFF AND, UH, IF THERE'S ANY QUESTIONS, I'LL STAY HERE AND ASK PATRICK OR ANYONE ELSE. THANK YOU, SIR. YES, SIR. WE'LL [01:40:01] SEE IF YOU HAVE ANY QUESTIONS. COMMISSIONER KAPLAN? UH, ONE FOR ONE FIRST STAFF. I'M LOOKING AT, UM, THE NOTIFICATION PLAN. I, I'M JUST CURIOUS, UH, I JUST WANNA MAKE SURE I UNDERSTAND THIS. IT SAYS MAILED 34 NOTICES IN FAVOR FOR IN OPPOSITION BLANK TOBIN HILL NEIGHBORHOOD ASSOCIATION. DOES THAT MEAN THE TOBIN HILL NEIGHBORHOOD ASSOCIATION IS AGAINST IT? OR WHY DID WE PUT TOBIN HILL NEIGHBORHOOD ASSOCIATION? DOES THAT MEAN THEY'RE FOR AGAINST WHAT OR NOTHING? THEY'RE THE APPLICABLE NEIGHBORHOOD ASSOCIATION, BUT WHAT YOU'RE PROBABLY LOOKING AT IS WHAT WE SENT YOU, UM, FRIDAY. IS THIS THE PRESENTATION I'M LOOKING ON NOW? ON THE PRESENTATION? NOW GO BACK TO, UH, OUR PRESENTATION WHERE IT SAYS OH, GOT IT. NO RESPONSE. SO THIS IS THE MOST UPDATED INFORMATION RIGHT HERE. THANK YOU. 11 TO ZERO. THAT ANSWERS THAT SECOND QUESTION. SECOND, DO YOU HAVE A RENDERING OF THE PORT COCHERE THAT YOU'RE PLANNING TO BUILD? CAN WE SEE IT? UH, THERE WAS ONE PRESENTED HERE, AND I THINK IT'S HERE. LOOK AT THEY'VE GOT IT. OH, I DIDN'T REALIZE HE SCARED ME BEHIND ME. SORRY. UH, THE RENDERING IS HERE THAT WE HAVE, UH, AGAIN, ALL OF THIS HAS BEEN, AND JUST TO BRING YOU UP TO SPEED, WE'RE WE'RE IN THE PERMITTING PROCESS AND THAT'S WHAT STOPPED. THIS IS IN THE PERMITTING PROCESS. UH, THERE'S ONE RENDERING HERE, AND IF WE NEED AN ADJUST A, A COMMENT ON THE RENDERING THAT WE BROUGHT THE ARCHITECT. SO WE'RE INCREASING OUR COSTS ON AN HOURLY BASIS. UH, AND HE CAN BRING COMMENT ON THIS. YEAH, I I DIDN'T MEAN THE PLAN OF, UH, NO, THERE'S A RENDERING THERE. IT IS. THAT, UM, JOHN, DO YOU WANT TO COMMENT ON THE RENDERING OR TO THE COUNCIL PERSON OR MS. KAPLAN, DO YOU HAVE ANY SPECIFIC QUESTIONS, MA'AM? WHAT? YEAH. UH, I WAS HOPING FOR LIKE A, YOU KNOW, A COLOR DIAGRAM, UM, UH, WHAT IS THIS GONNA BE BUILT OF? AND WE'LL FIND OUT IN, IT'S GONNA LOOK LIKE . HI, I AM JOHN SPI WITH SPIGEL AND KIM DAVIS ARCHITECTURE. THE, UH, WHEN YOU LOOK AT THE COLUMNS, THEY'RE STUCCO COLUMNS WITH A METAL CA WITH METAL COLUMNS BEHIND THEM, AND THEN YOU HAVE A DARK METAL ROOF THAT YOU SEE THERE. THE, UH, THAT'S ABOUT ALL IT IS. OKAY. THANK YOU, . WELL, I HAVE A QUESTION FOR STAFF. SO THIS HAS A UC FOUR ZONING OVERLAY AND, AND THE, SO I'M ASSUMING THEY'VE RETURNED IN THE REQUIRED SITE PLAN AND EVERYTHING, BUT, BUT IN THE SETBACK PROVISION OF THE DEVELOPMENT STANDARDS OF UC FOUR, IT, IT IMPLIES THAT SETBACKS COULD GO DOWN TO ZERO ON A, ON A COLLECTOR OR AN ARTERIAL STREET. IS THAT SOMETHING THAT IS, THAT IS PART OF, OF SOME OTHER, LIKE HOW WOULD IT GET DOWN TO ZERO, I GUESS? IS IT SOLELY RELATED? UM, LIKE MULTI-FAMILY WOULD HAVE A ZERO SETBACK, THAT KIND OF STUFF. UM, OKAY. I DIDN'T KNOW IF IT KIND OF GAVE ME THE IMPLICATION THAT THERE MIGHT BE SOME OTHER, IT'S NOT SOMETHING THAT LIKE GIVES A BOARD OF ADJUSTMENT, THE ABILITY TO GIVE YOU ZERO, LIKE A BUFFER OR SOMETHING LIKE THAT. OKAY. AND, AND THAT'S NOT ANYTHING THAT CITY COUNCIL WHEN THAT WAS DESIGNATED WOULD'VE APPLIED OR STATED OR, YOU KNOW, THEY DEFINITELY, YEAH. THERE'S NO CHANCE THAT THEY HAVE NO SETBACK HERE. THEY CORRECT. YEAH, IT WOULD, IT WOULD IF THE ZONING DISTRICT HAD A NO SETBACK, OBVIOUSLY, BUT NOT IN THIS CASE. OKAY. YEAH. AND, AND IS THIS, IS THIS, UH, COVER, IS THIS ATTACHED TO THE, UH, THE, THE CHURCH? UH, YES. YES SIR. IT IS ATTACHED TO THE CHURCH. UM, JOHN, YOU DIDN'T BRING A, AN ADDITIONAL RENDERING OR ANYTHING ELSE? I'M JUST CURIOUS IF NO, SO IT IS ATTACHED TO THE CHURCH, UH, AND THE WATER WILL BE TAKEN CARE OF. THERE'S NOT GONNA BE ANY WATER RUNOFF TO ANYONE ELSE'S PROPERTY. UH, THE WATER WILL BE, UH, CAUGHT EITHER ON OUR PROPERTY THEN AND THEN TAKEN THROUGH STORM WATER AND WHATEVER, DRAIN WATER OR OKAY. GUTTERS WILL BE TAKEN CARE OF. YES, SIR. AND SINCE YOU'RE FAMILIAR WITH THE AREA, I'LL JUST ASK YOU YES, SIR. UH, ANOTHER THING THAT, THAT THERE'S AN IMPLICATION OF THE EC FOUR STANDARD IS TO TAKE INTO CONSIDERATION SETBACKS SOME OF THE EXISTING BUILDINGS UP AND DOWN THE STREET. YES, SIR. AND ST. MARY'S HAS WIDENED. IS THERE, ARE THERE ANY BUILDINGS OR STRUCTURES THAT ARE REALLY, REALLY CLOSE? YES, SIR. IN A SIMILAR FASHION TO THIS? UM, THERE ARE, THERE ARE BUILDINGS THAT ARE VERY CLOSE THAT HAVE ZERO SETBACK LINES THAT COME RIGHT UP AGAINST THE SIDEWALKS. OKAY. UH, WHAT WE'RE LOOKING AT STILL IS THE SETBACK OF THE BUILDING IS NOT CHANGING. IT'S SIMPLY THE PORTICO SHARE AGAIN, WHICH COMES OUT, UM, AND STILL WILL BE BEHIND, AS I MENTIONED EARLIER, THE WROUGHT IRON FENCE THAT WILL SIT ON THE, ON THE CURB. IT, IT'S JUST IMPORTANT TO ME THAT THIS PART OF ST. MARY'S, I, I I RECALL THERE BEING AN, A LOT OF STRUCTURES THAT ARE SETTING THE TONE OF WHAT SETBACKS ARE IN THE AREA. YES, SIR. AND SO THIS, THIS ISN'T ANY DIFFERENT THAN THAT, THAT'S JUST NO, VERY ECLECTIC AND, BUT THIS BECOMES VERY FUNCTIONAL AS WELL. FANTASTIC. THANK YOU. THANK YOU VERY MUCH, COMMISSIONER MANNA. SO QUESTION I HAVE HERE. SO, SO, YOU KNOW, A LOT OF US HAVE DRIVEN DOWN THIS PAST, UH, THIS ROAD QUITE A BIT PROBABLY, AND SO, YOU KNOW, AND, AND IT IS ON THAT BEND THERE. AND SO, SO, YOU KNOW, ONE QUESTION I WOULD HAVE IS WITH REGARDS TO [01:45:01] INGRESS AND EGRESS OF, OF TRAFFIC ONTO THAT, UM, YOU KNOW, DOES THAT PRESENT ANY CHALLENGES? AND THEN, AND THE SECOND THING IS ON THE NORTH SIDE OF THIS PROPERTY, YOU KNOW, ON THE OTHER END, SINCE YOU OWN THAT, THAT LOT THERE ON THE OTHER SIDE, WAS THAT CONSIDERED AS WELL AS A LOCATION FOR THE DRIVE-IN, YOU KNOW, SO THAT YOU CAN ACTUALLY EXIT OUT ONTO YOUR PARKING LOT AREA? SO, SO THOSE TWO ARE MY QUESTIONS. WELL, I GUESS THE, THE FIRST PART, UM, YOU KNOW, REALLY THE, THIS LITTLE DRIVE IS ONLY GONNA BE A RIDE IN AND RIDE OUT. I MEAN, SO PEOPLE AREN'T GONNA BE COMING ACROSS LIKE THINGS LIKE THAT. SO THEY WILL CERTAINLY BE ABLE TO SEE THE TRAFFIC THAT'S COMING FROM THE SOUTH. AND THEN I'LL LET GREG, IF YOU WANT TO ANSWER ABOUT WHY YOU LOCATED IT THERE. YES. UM, WHAT I'LL DO IS I'LL ACTUALLY SHOW YOU A LIVE SHOT IF I MAY, FROM YESTERDAY IN THE RAIN, UH, THEY HAVE A PICTURE OF THE, UH, WHITE VEHICLE THAT'S PARKED, UH, I THINK IT WAS PART OF PATRICK'S PRESENTATION, IF WE GO BACK MAYBE ABOUT EIGHT MINUTES OR SOMETHING OR AGO IN THE PRESENTATION. OKAY. THIS IS ACTUAL, THIS IS REAL LIVE AS YOU CAN SEE. UM, LEMME SEE IF I CAN FIGURE THE, THE, UM, IS THIS THE LASER? YES. OKAY, SO THIS IS THE DRIVEWAY TO THE SOUTH. THIS COMES IN LIKE THIS, AND THIS IS THE DRIVEWAY TO THE NORTH. SO THERE'S ABSOLUTELY NO CLEAR VISION ISSUE OR SIGHT LINES THAT YOU'RE HAVING. SO MY CAR CAME RIGHT IN HERE, ACROSS THIS, PARKED RIGHT HERE, AND THEN WE'LL GO RIGHT OUT. THE ONLY THING MISSING IS THE PORTES SHARE THAT WOULD BE ATTACHED HERE COMING OUT AND THEN STOPPING AT THIS POINT. NOW, AS YOU SEE, THE STREET IS ON AN ANGLE SO THAT PORTES SHARE IS GONNA BE AT THIS AND COME ON A STRAIGHT LINE WITH THE BUILDING, WHICH WILL BE EVEN FURTHER SETBACK, BUT STILL OVER THE R SIX SETBACK THAT, THAT WE ARE, UH, BEING, I DON'T WANNA USE THE WORD PENALIZED FOR, BUT IT IS WHAT IT IS. IT'S OUR SIX. UH, AS PATRICK SAID, WE DIDN'T WANNA GO THROUGH THE COST AND, AND UPSET THE NEIGHBORHOOD AND EVERYTHING AND, AND ZONE THE CHURCH COMMERCIAL, UM, BECAUSE PEOPLE THINK DIFFERENT THINGS. YOU KNOW, WE HAVE PEOPLE THINKING THAT WE'RE GONNA PUT FOOD TRUCK CAMP OUT THERE. WE HAVE NO, I NO INTENT TO DO ANYTHING LIKE THAT. SO THAT PORTES SHARE WOULD COME ACROSS LIKE THIS AND GO BACK AND WOULD TIE IN AND SHELTER THIS AREA SO PEOPLE COULD DROP OFF HERE. AND THE, THE, THE, THE LINE IS APPROXIMATELY ABOUT HALFWAY WHERE THAT CAR IS. SO IF WE DID A HALF PORTES SHARE TO THE SETBACK LINE, WE'D HAVE NO COVERAGE. SO THIS WOULD THEN, AND THEY WALK OVER HERE TO THE STAIRWAY AND THEN COME UP EITHER THE STAIRS OR COME AROUND TO THE RIGHT WHERE THE A DA ACCESSIBILITY IS. SO, UM, COUNCILMAN MANNON ANSWER TO YOUR QUESTION, THE AREA AT THE TOP WOULD BE ACTUALLY THE POINT WHERE THEY EXIT THIS DRIVEWAY AND THEN STAY ON THE RIGHT LANE AND MAKE A RIGHT TURN INTO EAST FRENCH STREET AND THEN COME INTO THE PARKING LOT. SO THEY WOULD DROP OFF HERE. IF I WERE TO TAKE YOU TO CHURCH, I COULD DROP YOU RIGHT HERE. I WOULD GO AROUND AND PARK MY CAR INTO THE PARKING LOT FROM THE NORTH SIDE, WHICH WOULD GIVE ME ACCESS FOR THE TWO LOTS AND ALSO THE LOT WE'VE ZONED ON THE, UH, SOUTH SIDE OF 1 34 TERRY COURT. SO THAT'S THE USE OF THAT UPPER DRIVEWAY, SIR. THANK. ALL RIGHT. IF THERE'S NOTHING ELSE, I'M LOOKING FOR A MOTION. OH, DID WE HAVE ANY, UH, ANYBODY SIGN UP TO SPEAK OR ANY VOICEMAILS? IT'S NO PUBLIC COMMENT. ALL RIGHT. LOOKING FORWARD, GO AHEAD AND COMMISSIONER KAPLAN. OKAY. REGARDING CASE NUMBER BO OA DASH 23 DASH 1 0 3 3 45, I MOVE THAT THE BOARD OF GRANT A REQUEST FOR NINE 11 INCH VARIANCE IN THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A ONE INCH FRONT SETBACK SITUATED AT 2 5 0 4 NORTH ST. MARY STREET, APPLICANT BEING PW CHRISTENSEN PC BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE IS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PROPOSED PORT CO-SHARE WOULD PROVIDE SAFE COVERAGE FOR INGRESS AND EGRESS OF FUNERAL HEARSES AND LIMOUSINES, AS WELL AS PROVIDE PATRONS AND VISITORS WITH LIMITED MOBILITY. EASE OF ACCESS DURING INCLEMENT WEATHER. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THIS WOULD LIMIT THE SPACE AND FUNCTIONALITY OF THE PROPOSED COVER. ENT COVERED ENTRANCE THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED VARIANCE IS TO ALLOW A STRUCTURE TO HAVE ADEQUATE SPACE ON THE FRONT PROPERTY LINE DUE TO THE SIZE AND FUNCTIONALITY OF THE PROPERTY AND THE STRUCTURE BEING PROPOSED. THIS WILL OBSERVE THE SPIRIT OF THE ORDINANCE. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE PROPOSED COVERED DROP OFF AREA WILL PROVIDE ACCESSIBILITY FOR CHURCH USES AND IS NOT EXPECTED TO IMPEDE TRAFFIC FLOW IN THE AREA. THE REQUEST [01:50:01] WILL NOT INJURE ADJACENT PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PRO PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS STORED IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE SPACE IN FRONT OF THE BUILDING DOES NOT LEAVE ROOM FOR A FULL 10 FOOT FRONT SETBACK. ALSO, THE REDESIGNED LAYOUT OF ST. MARY'S SOUTH ST. ST. MARY'S STREET RESULTED IN REDUCED CURBSIDE ACCESS FOR FRONT ENTRANCE, WHICH THE NEED FOR A PORT CO SHARE NOW EXISTS IN THE MOTION. IS THAT GOOD? SECOND BY COMMISSIONER CRUZ? COMMISSIONER KAPLAN? YEAH, I'M FOR THIS, UM, APPARENTLY, UH, THAT ONE INCH, UH, VARIANCE IS REALLY ONLY FOR, UH, FOR ONE SIDE OF THE PROPERTY. UH, IT DOES, IT DOES HAVE A FUNCTIONAL USE. IT WON'T, UH, I IT WON'T, UH, MAKE ANYTHING WORSE FOR TRAFFIC IN THAT AREA. UM, THERE'S NO, NO, THE NEIGHBORHOOD IS FOR IT. UH, SO THERE'S NO REASONS NOT TO GIVE IT. ALRIGHT, COMMISSIONER CRUZ? UM, YES, I AGREE WITH MS. KAPLAN. I DON'T SEE ANY PROBLEMS WITH IT, ESPECIALLY SINCE IT IS A PART OF THE PARKING FOR THE CHURCH. THANK YOU. ALL RIGHT. ANYONE ELSE LIKE TO ADD? HEARING NONE. LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER CRUZ. I CONCUR. COMMISSIONER BURTON. I CONCUR. COMMISSIONER BONIS? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER MANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER UNA. I CONCUR. COMMISSIONER EZ I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT MOTION PASSAGE UNANIMOUSLY. UH, CONGRATULATIONS. IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. OKAY. IT IS 2 52. I'M CALLING A SIX MINUTE BREAK ON BEHALF OF THE CHURCH AND OUR MEMBERSHIP. THANK YOU ALL VERY MUCH. THANK YOU. THREE OH SIX. WE'RE GONNA CALL THIS MEETING BACK TO ORDER. WE ARE ON ITEM EIGHT. UH, GOOD AFTERNOON. BO BO OH EIGHT, UM, DASH 1 0 3 0 0 3 3 9. LOCATED AT 9 1 8 NORTH AVENUE, NORTH MAIN AVENUE COUNCIL DISTRICT NUMBER ONE, APPLICANT BEING AMERICAN GI FORUM NATIONAL VETERANS OUTREACH PROGRAMS. UM, A REQUEST IS IS FOR A REQUEST FOR A TWO FOOT SPECIAL EXEMPTION TO FROM THE MAXIMUM FIVE FOOT FENCE SITE TO ALLOW A SEVEN FOOT PREDOMINANTLY OPEN FENCE IN THE FRONT YARD. UM, CURRENTLY THE ZONING IS C TWO, NOT R SIX. UM, SO THE SUBJECT PROPERTY IS CURRENTLY LOCATED ON NORTH MAIN AVENUE, JUST NORTH OF IH 35. THE REQUEST TO ALLOW A SEVEN FOOT PREDOMINANTLY OPEN FENCE THAT WOULD BE LOCATED ALONG THE FRONT YARD, FRONT YARD PROPERTY LINES. THE FRONT WILL MAINTAIN A SEVEN FOOT, PREDOMINANTLY OPEN GATE AND WITH THE, WITH THE PROPERTY A BUDDY AND AN ARTERIAL TYPE C AS PER SECTION 35 DASH FIVE 14. AN EIGHT FOOT FENCE IS CURRENTLY ALLOWED TO BE DEVELOPED ON THE SIDES AND THE REAR PROPERTY LINES, UM, THAT IS CURRENTLY A PICTURE OF THE SITE PLAN WHERE THE HIGHLIGHTED AREA IS, WHERE THE, THE SPECIAL EXEMPTION'S BEING PROPOSED. UM, I'LL GIVE YOU A SECOND TO LOOK AT THAT AND THE SUBJECT PROPERTY. AND, UM, THE, SO THE NEXT SLIDE IS GONNA BE THE PROPOSED AREA WHERE THE FENCE IS GONNA BE DEVELOPED. HMM. STAFF RECOMMENDATION FOR FENCE SPECIAL EXEMPTION STAFF RECOMMENDS APPROVAL IN BO OA DASH 23 DASH 1 0 3 0 0 3 3 9 BASED ON THE FOLLOWING FINDINGS OF FACT, UH, THE SEVEN FOOT FENCE WILL ADD ADDITIONAL SECURITY AND PRIVACY TO THE SUBJECT, PROPERTY AND IMMEDIATE AREA AND THE REQUEST WILL NOW ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THERE WERE 11 NOTICES SENT OUT. THERE WERE ZERO IN FAVOR OF ZERO OPPOSITION AND THE MIDTOWN AERIAL REGIONAL CENTER NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. UM, THAT CONCLUDES STAFF PRESENTATION AND THE APPLICANT IS PRESENT. ALRIGHT, SO THE APPLICANT COME FORWARD. MR. CHAIR? YEAH. YES. COMMISSIONER CRUZ? YES. COMMISSIONER CRUZ. GO AHEAD, MS. CRUZ. MS. CRUZ, I CANNOT HEAR, UH, I CAN'T, I CAN'T EITHER. I WAS TRYING TO INTERRUPT DON, BUT I DON'T KNOW IF HE CAN HEAR ME OR NOT. YEAH, WE CAN HEAR [01:55:01] YOU RIGHT. I TRIED TO CALL MERKEL EITHER AND HE WON'T. YEAH, LET ME CALL DESIREE. OKAY. WE, WE CAN HEAR YOU COMMISSIONER, WE CAN HEAR, YOU CAN HEAR US? NO, I CAN'T NOW. I COULDN'T BEFORE. I DIDN'T HEAR NONE OF THE PRESENTATION. NEITHER DID MR. VASQUEZ. OKAY. UH, CAN YOU BRIEFLY JUST, OKAY, GO. ALRIGHT, I'M GOING AHEAD ONE MORE TIME. SO, UM, IN BO OA DASH 23, UH, 0 1 0 3 0 3 3 9, UM, THE ADDRESS IS LOCATED AT 9 1 8 NORTH MAIN AVENUE IN COUNCIL DISTRICT NUMBER ONE. UM, THE APPLICANT BEING GI FORMED NATIONAL VETERANS OUTREACH PROGRAMS. I REQUEST FOR A TWO FOOT SPECIAL EXEMPTION TO FROM THE MAXIMUM FENCE FIVE FOOT HEAD FENCE HEIGHT TO ALLOW A SEVEN FOOT PREDOMINANTLY OPEN FENCE IN A FRONT YARD. UM, THE PROPERTY IS CURRENTLY ZONED C TWO WONDER LOOK. UM, THE SUBJECT PROPERTY IS LOCATED IN NORTH MAIN AVENUE AND JUST NORTH OF IH 35. THE REQUEST IS TO ALLOW A SEVEN FOOT, PREDOMINANTLY OPEN FENCE THAT WILL BE LOCATED ALONG THE FRONT PROPERTY LINES. THE FRONT WILL MAINTAIN A SEVEN FOOT, PREDOMINANTLY OPEN GATE THAT WILL SERVE AND AS, AS ACCESS INTO THE PROPERTY, UM, WITH THE PROPERTY ABUTTING ARTERIAL TYPE C STREET. UM, AS PER SECTION 35 DASH FIVE 14 AND EIGHT FOOT FENCE IS CURRENTLY ALLOWED TO BE DEVELOPED ON THE SIDE AND REAR PROPERTY LINES RIGHT NOW. UM, THAT IS THE SITE PLAN RIGHT NOW WHERE THE HIGHLIGHTED PORTION WHERE THAT ONE, THE CIRCLE NUMBER ONE IS LOCATED IS WHERE THE PROPOSED FENCE IS BEING, UM, DEVELOPED. AND THE NEXT FEW SLIDES IS GONNA BE THE SUBJECT PROPERTY AND, UH, LOCATION OF THE PROPOSED SEVEN FOOT, UM, IRON FENCE. UM, STAFF RECOMMENDATION, UM, FOR THE FENCE, SPECIAL EXEMPTION STAFF RECOMMENDS APPROVAL AND BO OA 23 1 0 3 0 0 3 3 9 BASED ON THE FOLLOWING FINDINGS OF FACT, UH, THE SEVEN FOOT FENCE WILL ADD ADDITIONAL SECURITY AND PRIVACY TO THE SUBJECT AND MEDIA AREA AND THE REQUEST WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THERE WERE 11 NOTICES SENT OUT. THERE WERE ZERO IN FAVOR, ZERO OPPOSITION, AND THE MIDTOWN AREA REGIONAL CENTER NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. UM, THAT CONCLUDES STAFF PRESENTATION AND THE APPLICANT IS PRESENT. ALRIGHT, THANK YOU. LET'S HAVE THE APPLICANT. UH, AND COMMISSIONER CRUZ. UH, COMMISSIONER VASQUEZ. DID Y'ALL GET TO HEAR? YES, WE HEARD. YES. ALL THANK YOU. THANK YOU. THANK YOU. ALL RIGHT. GOOD AFTERNOON. UH, MR. CHAIRMAN, COMMISSIONERS STAFF, UH, ROBERT FLOTIS, UH, PLANNING AND DEVELOPMENT DIRECTOR FOR AMERICAN GF FORUM, NATIONAL VETERANS OUTREACH PROGRAM NINE 18 NORTH MAIN. YOU MAY RECOGNIZE AS THE OLD LULUS CAFE, IT'S CURRENTLY VACANT. UH, WE WANT, WE ARE ACQUIRING, WE HAVE ACQUIRED THE PROPERTY, WE WANT TO SECURE THE PROPERTY. UH, WE'RE NOT GETTING INTO THE RESTAURANT BUSINESS. WE JUST WANT TO BE ABLE TO UTILIZE THE COMMERCIAL KITCHEN THAT'S IN THERE. UH, CURRENTLY OUR CURRENT COMMERCIAL KITCHEN IS ON THE OTHER SIDE OF, UH, THE BLOCK, IF YOU WILL, AND WE'RE KIND OF OUTGROWING IT. UH, SO WE, THAT'S THE PURPOSE OF, UH, US WANTING TO SEEK THE VARIANCE ON THE FENCE. OKAY. UM, IS THERE ANY QUESTIONS FOR THE APPLICANT? COMMISSIONER KAPLAN, MR. THIS FENCE, LIKE, I'M SORRY, DO YOU HAVE A PICTURE OF THE KIND OF FENCE YOU'RE PUTTING IT? UH, YES. IT'S, UH, WROUGHT IRON, UM, OPEN SPACE. YOU CAN SEE THROUGH IT. UH, THE HOTEL NEXT BEHIND US, UH, HAS ONE AND, AND YOU'RE JUST DOING IT ON THE NORTH MAIN SIDE? NO, WE'RE GOING TO, UH, THE PERIMETER, BUT THE VARIANCE ONLY CALLS FOR THE FRONT SIDE, THE MAIN SIDE. I SEE. SO YOU'RE DOING IT ALL AROUND. YEAH. OKAY. UH, AND THEN I, I HAVE A QUESTION. I NOTICED ON THE GATES, UH, THESE ARE THE ONLY WAYS INTO THE PROPERTY IS THESE TWO GATES CORRECT? OFF NORTH MAINE. OKAY. ALRIGHT. IS, IF THERE'S NO OTHER QUESTIONS, IS THERE ANYONE SIGNED UP TO SPEAK ANY PUBLIC COMMENTARY, VOICEMAILS? NO PUBLIC COMMENT. ALRIGHT, DEAN, COMMISSIONER, DEAN, CAN YOU TELL US MORE ABOUT YOUR ORGANIZATION AND, UH, WHAT EXACTLY IS GONNA HAPPEN? SURE. UH, AMERICAN GF FORUM, NATIONAL VETERANS OUTREACH PROGRAM, WE'VE BEEN AROUND SINCE 1972. UH, WE'RE HEADQUARTER AT SIX 11 NORTH MAINE, UH, NORTH MAINE, NORTH FELO, UH, WE HAVE A COUPLE OF, UH, SITES HERE IN TOWN, BUT WE'RE THROUGHOUT THE STATE, UH, WHERE WE SERVICE VETERANS AND THEIR FAMILIES, UH, THAT ARE IN TRANSITION FROM MILITARY TO CIVILIAN LIFE. ALSO, VETERANS AND THEIR FAMILIES THAT ARE, UH, NEED HELP, UH, FOR WHATEVER REASON, THEY NEED A, A PLACE TO STAY FOR A LITTLE BIT WHILE THEY FIND EMPLOYMENT. UH, WE HAVE A VARIED, UH, VARIED AMOUNT OF, UH, SERVICES THAT WE PROVIDE TO VETERANS AND THEIR FAMILIES. AND WE'VE COME BEFORE Y'ALL, BEFORE, UH, WE NEEDED A, WE WERE, WE HAD TO PUT A FENCE [02:00:01] IN FRONT OF OUR OFFICES AND WE CAME BEFORE Y'ALL SEEKING THE, PRETTY MUCH THE SAME TYPE OF VARIANCE. AND IT'S THE SAME TYPE OF FENCE THAT WE'RE GONNA INSTALL, UH, AT, AT NINE 18 NORTH MAIN. OKAY. SO ARE PEOPLE GONNA BE, YOU'RE GONNA BE HOUSING VETERANS THERE? OH HEAVENS NO. NO, NO. WE'RE JUST USING THE KITCHEN. OKAY. JUST THE KITCHEN. YEAH, BECAUSE IT'S, IT'S A RESTAURANT. IT'S A FORMER DENNY'S THAT BECAME LULU'S, LULU'S CAFE. I THINK MANY OF US ATE THERE AT ONE TIME OR ANOTHER, . BUT, UH, THE PLACE HAS BEEN VACANT FOR QUITE SOME TIME AND, UM, IT, IT JUST BECAME AN OPPORTUNITY FOR US TO BE ABLE TO ACQUIRE THE PROPERTY AND IT'S A VERY UNIQUE, UH, OPPORTUNITY FOR US. LIKE I SAID, WE'RE NOT GETTING INTO THE RESTAURANT BUSINESS. GET THE REST FOR THE CINNAMON BUNS. NO, I WISH. SO, SO I HAVE A QUESTION FOR STAFFER. DO THE GATES REQUIRE ANY SORT OF CLEAR VISION REVIEW? UH, THEY DO WITH TRAFFIC, BUT THAT'S SOMETHING THAT IF THERE'S A ISSUE WITH THAT, THEY CAN ADMINISTRATIVELY TAKE CARE OF THAT WITH TRAFFIC. UH, IF, AS FAR AS THE FENCES FOR ZONING, SINCE IT'S NOT RESIDENTIAL, IT DOESN'T. OKAY. YEAH. JUST WANTED TO MAKE SURE. BUT, UH, MR. CHAIRMAN, YES. IF YOU, IF YOU MAY, UH, WHAT WE'RE GONNA GONNA GO AHEAD AND DO, WE'RE GONNA DO A LITTLE, UH, SETBACK. THAT WAY THERE'S A LITTLE, UH, FOR THE GATES. OKAY. BECAUSE THERE WILL BE, UH, ROLLING GATES. ALRIGHT. UM, THERE'S NOTHING ELSE. I'M LOOKING FOR A MOTION MANANA. COMMISSIONER MANANA. LET'S SEE. UH, REGARDING CASE NUMBER BOA 2 3 1 0 3 0 0 3 3 9 AND MOVED TO THE BOARD ADJUSTMENT GRANT, THE REQUEST FOR TWO TWO FOOT SPECIAL EXCEPTION FOR THE MAXIMUM FIVE FOOT FENCE HEIGHTS TO ALLOW A SEVEN FOOT PREDOMINANTLY OPEN FENCE IN THE FRONT YARD, SITUATED AT 9 1 8 NORTH SAINT NORTH MAIN AVENUE, APPLICANT BEING AMERICAN GI FOUR NATIONAL VETERANS OUTREACH PROGRAMS. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTERS PROPERTY SUCH THAT THE LIBERAL ENFORCEMENT OF PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN A UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY IN THE SPIRIT. PURPOSE OF THE CHAPTER OF THE PROPOSED SEVEN FOOT FENCE WILL BE PREDOMINANTLY OPEN AND LOCATED ALONG THE PROPERTY LINE. THE FRONT PROPERTY LINE, IF GRANTED STAFF FINDS THE REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE, AS THE REQUEST APPEARS TO BE REASONABLE AND CLOSELY ALIGNED WITH THE CODE. B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED. THE ADDITIONAL FENCE HEIGHT WILL AID WITH DETERRING UNAUTHORIZED PERSONNEL ON THE PROPERTY. WHILE THE PREDOMINANTLY OPEN FENCE WILL HELP WITH NOT COMPLETELY ISOLATING THE PROPERTY FROM THE REST OF THE NEIGHBORHOOD. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE ADDITIONAL FENCE HEIGHTS BEING REQUESTED WILL ENHANCE SECURITY FOR THE SUBJECT PROPERTY. THE ADJACENT PROPERTIES ARE ALSO ZONED FOR COMMERCIAL USES, THEREFORE, THE REQUEST IS UNLIKELY TO INJURE THE DAY PROPERTIES. D THE SPECIAL EXCEPTION WILL NOT ALTER THE CENTRAL CHARACTER OF THE DISTRICT AND LOCATION, WHICH THIS PROPERTY FOR WHICH THIS SPECIAL EXCEPTION IS SOUGHT. THE REQUESTED SEVEN FOOT PREDOMINANTLY OPEN FENCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THEIR PROPERTY IS IN A HIGH TRAFFIC AREA OF THE CITY. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATION HERE AND ESTABLISHED FOR THE SPECIFIC DISTRICT. THIS SUBJECT PROPERTY CURRENTLY HAS A VACANT BUILDING. THE REQUEST WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT AS OTHER SIMILAR FENCES ARE IN THE AREA. AND A MOTION. SECOND. SECOND BY COMMISSIONER KAPLAN. COMMISSIONER MANNA. UM, YES, I'LL BE SUPPORTING THIS AS I TAKE A LOOK AROUND. YOU KNOW, IT'S, IT IS IN A, UH, AN INDUSTRIAL AREA, SO THIS LOOKS APPROPRIATE FOR THIS COMMUNITY. AND, UM, ALSO THE DIALOGUE ABOUT THE, THE RIGHT ENTRANCE HERE KINDA MITIGATES ONE OF THE QUESTIONS I HAD. SO I'LL BE VOTING IN FAVOR. COMMISSIONER KAPLAN. I'M IN FAVOR OF TWO. ALL RIGHT. IS THERE ANY OTHER COMMISSIONERS YOU'D LIKE TO ADD TO THE CONVERSATION? DEAN, COMMISSIONER DEAN. I WILL NOT BE IN FAVOR OF IT. I THINK THAT DEFENSE IS TOO TALL. UH, THERE IS NOT REALLY THAT MANY FENCES LIKE THAT, UH, ON THE FRONT SIDE. AND I FEEL THAT IT'S VERY AWKWARD AND I'M NOT GONNA BE FOR IT. ALRIGHT, ANYONE ELSE LIKE TO ADD, UH, HEARING NOW? LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER RANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER KAPLAN? I CONCUR. COMMISSIONER TON. I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER . COMMISSIONER BENAVIDES. I CONCUR. COMMISSIONER BASQUEZ? I CONCUR. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER EZ. I CONCUR. CHAIR ORIAN. I CONCUR WITH THE FINDINGS OF FACT THAT MOTION PASSES, UH, 10 TO ONE. AND, UM, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. THANK YOU VERY MUCH. ALL RIGHT. ITEM NINE. [02:05:01] IT DOES. OKAY. ITEM NUMBER NINE, BO OA 23 DASH 1 0 3 0 3 4 1. UM, LOCATED ON 8 3 4 2 BROADWAY STREET COUNCIL, DISTRICT NUMBER 10. UM, APPLICANT BEING EKR, DRAFTING AND DESIGN. UM, THE REQUEST IS A REQUEST FOR A 20 FOOT VARIANCE FROM THE MINIMUM 30 FOOT REAR SETBACK TO ALLOW STRUCTURE TO BE 10 FEET FROM THE REAR SETBACK. UM, THE ZONING IS CURRENTLY C3. THE SUBJECT PROPERTY IS CURRENTLY LOCATED ON BROADWAY STREET, JUST SOUTH OF SAN ANTONIO INTERNATIONAL AIRPORT, AND CONTAINS A CONVENIENCE STORE GRANTING THE REAR VARIANCE WILL ALLOW AN ADDITION TO BE 10 FEET FROM THE REAR PROPERTY LINE. THE ADDITION HAS NOT YET BEEN CONSTRUCTED. THE PROPOSED ADDITION WILL BE IN LINE WITH THE CURRENT STRUCTURE. THERE IS CURRENTLY AN APARTMENT COMPLEX LOCATED BEHIND THE SUBJECT PROPERTY. A PREVIOUS BOARD OF ADJUSTMENTS VARIANCE WAS ISSUED FOR THIS PROPERTY BEING BO OA DASH 19 DASH 3 48, ALLOWING A BUILDING TO BE 23 FEET FROM THE REAR PROPERTY LINE WISH PASS. HOWEVER, THAT BUILDING HAS SINCE BEEN DEMOLISHED. THAT IS A CURRENT PICTURE OF THE SITE PLAN OF BROADWAY STREET IS LOCATED THERE TO THE LEFT OF THAT SCREEN. UM, THE BLUE HIGHLIGHTED AREA IS THE PROPOSED ADDITION THAT SHOWS THAT IT'S IN LINE WITH THE CURRENT STRUCTURE THAT IS ON THAT PROPERTY. UM, THAT IS THE SUBJECT PROPERTY ITSELF. OH, OKAY. UM, THE LOCATION OF THE PROPOSED ADDITION, WHICH IS RIGHT TO THE RIGHT OF THAT PICTURE HERE. THERE'S THE REAR SETBACK, UM, AND THE REAR PROPERTY LINE. A WIDER VIEW OF THE LOCA OF THE LOCATION OF THE PROPOSED ADDITION, AND IN SOME OF THE SURROUNDING AREA AND ALTERNATE VIEW OF THE CONVENIENCE STORE THAT'S CURRENTLY THERE. UM, STAFF RECOMMENDS APPROVAL IN BO OA 2 3 1 0 3 0 0 3 4 1 BASED ON THE FOLLOWING FINDINGS OF FACT, THE STRUCTURE HAS NOT YET, HAS NOT BEEN CONSTRUCTED, AND THERE'S A LIMITED AMOUNT OF SPACE AVAILABLE TO COMPLY WITH THE REAR SETBACK AND TO DEVELOP AN ADDITION. AND THE STRUCTURE WILL BE IN LINE WITH THE CURRENT STRUCTURE. THERE WERE 11 NOTICES SENT OUT. THERE WAS ZERO IN FAVOR, ZERO IN OPPOSITION, AND THE OAK PARK NORTHWOOD NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. THAT CONCLUDES STAFF PRESENTATION. THE APPLICANT IS PRESENT. ALL RIGHT. DOES HAVE THE APPLICANT COME FORWARD? HELLO? IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. YES, GOOD AFTERNOON. MY NAME IS JOSE FORD. I'M WITH EKR DRAFT AND DESIGN. I'M REPRESENTING, UH, THE OWNER. UM, THE OWNER IS WANTING TO, UH, EXPAND THE, UH, EXISTING GAS STATION OR THE EXISTING CONVENIENCE STORE 10 FEET, UH, TO THE SOUTH. UH, UNFORTUNATELY THERE'S A 30 FOOT SETBACK BETWEEN A C3 AND AN MF 33. SO THIS IS THE REASON WHY WE'RE REQUESTING THE VARIANCE. UH, WE'RE ALSO GONNA GO AHEAD AND RENOVATE THE, THE FACADE OF THE BUILDING. UM, AND IT'S NOT GONNA, THAT'S, THAT'S THE LOOKS THAT'S THERE NOW. IT'S NOT GONNA BE THAT SAME. OKAY. UH, I, I'LL GO AHEAD AND START ASKING SOME QUESTIONS. SURE. ON YOUR SITE PLAN, YOU KNOW, ONE OF THE THINGS ABOUT SETBACKS IS THIS SEPARATION FROM ADJOINING USER. THAT'S AN MF 33 USE. YES. IT'S OPEN PARKING. THERE'S NOT COVERED PARKING OUT THERE. IT'S ALL OPEN. YES. OKAY. AND THEN BEHIND YOUR BUILDING THERE'S A, UH, SMALL SQUARE AND IT'S LABELED AS A WALL AT THE HARD BACK AT THE CORNER. WHAT IS THAT? A, AN OBSTRUCTION TO, UH, LIKE LET'S SAY A FIRE PERSONNEL BEING, BEING ABLE TO GET BACK THERE. UM, I BELIEVE IF YOU CAN DO AN AERIAL, I BELIEVE IT'S JUST A, UH, PLANTER. LIKE A PLANTER? YES, SIR. OKAY, GREAT. AND THEN, UH, DO YOU HAPPEN TO KNOW THAT THE, THE WIDTH OF THE PROPOSED EDITION, IT'S ABOUT 40.4 FEET DEEP, BUT DO YOU KNOW THE WIDTH OF IT? UH, IT'S ABOUT ANOTHER 10 FEET OUT. OKAY. 'CAUSE IT, IT'S VERY COMMON, UH, FOR THIS COMMISSION IF IT WERE TO, YOU KNOW, BE FAVORABLE TO, TO EXPRESS A MOTION TO, TO LIMIT CERTAIN, YOU KNOW, SIZE SIZES. YES, SIR. SO WE'RE NOT, YOU'RE JUST NOT GETTING CARTE BLANCHE ALONG THE WHOLE BACK. CORRECT. I NOTICED THE EXISTING BUILDING'S 52.72 FEET. YES, SIR. AND THEN YOU'RE SAYING YOU, YOU'RE ASKING FOR AN ADDITIONAL 10 10 FEET OUT. YES, SIR. BECAUSE YOU KNOW, I'M, I'M ONLY ASKING 'CAUSE THE PARKING SPACES ARE TYPICALLY 18 FEET DEEP AND IT LOOKS LIKE IT'S GOING MORE THAN HALFWAY. SO I DIDN'T KNOW IF IT WAS LIKE 12 FEET. NO, SIR. IT'S ONLY 10 FEET. ALRIGHT, THANK YOU. AND THERE'S, AND IT IS A, LOOKS LIKE THERE'S A PLANNER THERE, SIR. OH YEAH, THERE IT IS. GREAT. UH, AND THERE'S ALREADY AN EXISTING FENCE, UH, SEPARATING BETWEEN US AND THE, UH, MF 33. OKAY. THANK YOU. UH, IS THERE ANY COMMISSIONER QUESTIONS? ADDITIONAL QUESTIONS? ALL RIGHT. HEARING NONE, UM, NO. ANYONE'S SIGNED TO SPEAK VOICEMAILS? NO PUBLIC COMMENT. ALL RIGHT. ALL RIGHT. I GUESS WE'RE LOOKING FOR A MOTION THEN. COMMISSIONER KAPLAN. UM, [02:10:02] REGARDING CASE NUMBER BO A DASH 23 DASH OH 3 0 3 4 1, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR 20 FOOT VARIANCE IN THE MINIMUM 30 FOOT REAR SETBACK TO ALLOW A STRUCTURE TO BE 10 FEET FROM THE REAR SETBACK SITUATED 8 8 3 4 2 BROADWAY STREET, APPLICANT BEING EKR DRAFTING AND DESIGN. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE REQUESTED VARIANCE DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST AS THERE IS ADEQUATE SPACE REMAINING FROM THE PROPERTY LINE TO THE PROPOSED STRUCTURE. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF FINDS AN UNNECESSARY HARDSHIP FOR THE REAR SETBACK VARIANCE DUE TO THE SIZE OF THE LOT. THE PROPOSED STRUCTURE WILL HAVE AMPLE SPACE TO THE REAR. OH, BY THE WAY, I THINK WE ARE LIMITING THIS TO 10 FEET EXTRA FROM THE BUILDING. IT'S 10 FEET OUT. YES, MA'AM. ONLY. OKAY. UM, FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THERE WILL BE A REMAINING 10 FOOT OF DISTANCE FROM STRUCTURE TO THE PROPERTY LINE. THEREFORE THE REQUEST WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. 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. THE REAR SETBACK VARIANCE SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. SUCH PROPOSED EDITION BEING IN LINE WITH THE CURRENT STRUCTURE. THE VARIANCE REQUEST IS NOT MERELY FINANCIAL END OF MOTION. SECOND. SECOND BY COMMISSIONER MANOCK. COMMISSIONER KAPLAN. YEAH, I'LL BE FOR IT. UM, YOU'RE BASICALLY EXPANDING THE OUTLINE OF AN EXISTING BUILDING. IT'S NOT, UH, AFFECTING THE SIDE VARIANCE. THE EXISTING BUILDING ALREADY IS ONLY 10 FEET BACK FROM THE LINE. SO, UM, AND THERE IS NO COMMUNITY, UH, NEGATIVITY ON THIS, SO I'LL BE UP FOR IT. COMMISSIONER AMANDA, I CONCUR WITH MY COLLEAGUE. AND, UM, I JUST WANTED TO CLARIFY, UH, I, I, I KNOW THAT YOU HAD MENTIONED ABOUT THE 10 FOOT LIMITATION, BUT CAN WE, CAN WE ADD THE WORD, UH, ADDITION SOMEHOW IN THERE IF YOU WISH. OKAY. SO ACTUALLY, SO, SO THE ONE QUESTION WOULD BE 72 FEET FROM THE NORTHWEST CORNER OR NORTHEAST CORNER, UM, PUTS IT ALONG THE ENTIRE PACK WALL AND INCLUDES THE 10 FOOT. I DON'T KNOW IF THAT'S CLEARER. WELL, SO A QUESTION FOR STAFF THEN, UH, WAS, WAS THE INTENT OF, OF THIS CASE TO NOT ONLY COVER THE ADDITION BUT COVER THE EXISTING BUILDING AS WELL? NO, THE, THE EXISTING BUILDING WOULD BE NON-CONFORMING. OKAY. SO THIS IS JUST THE ADDITION. OKAY. SO HOWEVER YOU WANT TO, CAN YOU RESTATE THAT AGAIN, COMMISSIONER? YEAH. SO, SO THE QUESTION WOULD BE FOR THE 72, THE, ALONG THE, UM, EASTERN 72 FEET OF THE PROPERTY. 'CAUSE THAT WOULD INCLUDE, UM, ALL THE WAY, ESSENTIALLY TO THAT, UH, TO INCLUDE THAT, THAT 10 FOOT EDITION. SO THAT WOULD BRING IT ALL INTO CONFORMING THEN AT THAT POINT. OKAY. OH YEAH. SO CAN WE DO THAT? CAN WE, CAN IT BE, WAS IT MARKETED TO WHERE WE COULD INCLUDE THE EXISTING BUILDING OR NO, THE, THIS IS FOR THE REAR SETBACK. SO IT SHOULD BE WE ADVERTISE. YEAH, YOU COULD INCLUDE THE EXISTING PROPERTY. YOU DON'T HAVE TO, BUT YOU COULD INCLUDE, SO YOU'RE MAKE, SO THE MOTION IS, IS IS FOR A STRUCTURE, UH, EXTENDING NO FURTHER THAN 72 FEET FROM THE NORTHERN PROPERTY LINE. THAT WOULD BE MY SUGGESTION. JUST BECAUSE IT MAKES IT CLEANER AND, AND TAKES OUT THE ADDITION PIECE. OKAY. DO YOU, WHAT DO YOU THINK ABOUT THAT? COMMISSIONER KAPLAN? YOU MADE THE MOTION. I, ALTHOUGH I CAN GO THE OTHER WAY TOO, SO YEAH, IT'S NO BIG DEAL. UM, IT'S, IT'S JUST WORDING. SO HOWEVER YOU WANNA SAY THAT. JUST YOU SAY IT. I'LL WE'RE, WE'RE TOKEN SAME LANGUAGE. SO IT'S, SO I, SO IT'S A, IT'S A MOTION FOR AN A, A A 20 FOOT, UH, VARIANCE TO THE 30 FOOT TO ALLOW A 10 FOOT SETBACK FOR THE EXISTING BUILDING. AND AN ADDITION NOT TO EXCEED 72 FEET FROM THE NORTHERN PROPERTY LINE. YES. WAIT, THE, THIS KIND OF IS EXCEEDING THE INTENT OF THE MOTION THEN KIND OF ELEVATING IT TO MORE MERIT WITH MORE EXPLANATION. ME? WOULD YOU LIKE TO, WOULD YOU LIKE TO KEEP IT TO JUST, I WANNA KEEP IT TO THE BARE MINIMUM. OKAY. THAT'S, IT'S FINE WITH ME TOO. SO COMMISSIONER KAPLAN, IS THAT OKAY? THAT'S FINE. ALRIGHT, [02:15:01] SO THEN I'M ALL THERE. SO THE MOTION IS JUST FOR AN ADDITION TO AN EXISTING BUILDING NOT TO EXCEED 10 FEET FOR THE SETBACK. OKAY. YES. ALRIGHT. YAY. OKAY. THERE WE GO. YES. COMMISSIONER CRUZ . NO, THAT'S FINE. ALL RIGHT. SO IF THERE'S NO OTHER COMMENTS, SEVERAL CALL VOTE. COMMISSIONER KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER MANA, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BURTON. I CONCUR. COMMISSIONER BONIS? I CONCUR. COMMISSIONER DEAN, I DO NOT CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER VEZ? I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER ZUNA? YES, I CONCUR. COMMISSIONER BONNI. I CONCUR. CHAIR ORIAN. I CONCUR THE FINDINGS OF FACT. MOTION PASSES 10 TO ONE. THANK YOU. THANK YOU. IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. THANK YOU. UH, [ Approval of Minutes  ] NEXT ITEM IS THE MINUTES. UH, SO WE HAVE TWO, THE, THE ONE FROM NOVEMBER 6TH. UH, THERE WERE SOME SLIGHT, UH, UM, UH, UH, AMENDMENTS TO IT TO CLARIFY SPEAKER, VARIOUS SPEAKERS, UH, NAMES AND I MAYBE EVEN THEIR ORDER. UM, NOTHING MATERIAL, UH, TO WHAT WE, WHAT WE APPROVED OR DIDN'T APPROVE. UH, JUST, JUST CLEANING UP THE RECORD A LITTLE BIT. THAT STAFF, UH, NOTICED. UM, SO THAT, THAT ONE WE CAN DO THIS AS TWO. DID ANYBODY HAVE ANY COMMENTS ON THE NOVEMBER 6TH MINUTES, MINUTES? UH, NOT ON THE FIRST ONE, BUT ON. OKAY. SO IS THERE A MOTION FOR NOVEMBER 6TH TO BE, UH, SO MOVED. OKAY, SO AND A SECOND. SECOND, SECOND. SO WE HAVE A, A MOTION BY MANUS, SECOND BY KAPLAN. ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? ALL RIGHT. HEARING. SO MOTION PASSES. THE NEXT ONE IS JANUARY 8TH. SO WHAT'S, JUST TO CLARIFY REAL QUICK, WHAT, WHAT STAFFAN IS DOING MOVING FORWARD. THEY'RE TREATING US LIKE ALL THE OTHER BOARDS IS WHERE THEY'RE, THEY'RE PREPARING THE MINUTES. THEY HAVE MORE OF A STRUCTURED CHECKLIST AND A REVIEW, UH, UH, PROCEDURE. AND THEN THEY'RE SENDING THEM DIRECTLY TO ME. AND THEN I'M GETTING IT BACK TO THEM WITH MY FIRST FLUSH AS A WAY TO PUT IT COMMENTS SO THEY CAN BE ADVERTISED, UH, WITH THE AGENDA. AND THAT WAY, UH, ALL, WHEN ALL COMMISSIONERS HAVE GET THE AGENDA A NOTICE ON FRIDAY, THEY CAN DOWNLOAD THE MINUTES AND REVIEW AND PROVIDE ADDITIONAL COMMENTS, UH, UH, TO BE, TO BE REVIEWED FOR THAT MONDAY. UM, IT WAS, IT JUST, AGAIN, THEY'RE TREATING US LIKE THE OTHER BOARDS AND, AND IT'S A WAY TO STAVE OFF HAVING UP TO 11 OR MORE, UH, DIFFERENT EMAILS OF COMMENTS, MANY OF WHICH ARE, ARE SIMILAR. SO, UM, WITH THAT, UH, COMMENTARY OUT OF WAY, IS THERE A, A MOTION FOR THE NOVEMBER 8TH OR ANY COMMENTARY FROM THE COMMISSION? WAIT, JANUARY MANNA? YES. COMMISSIONER MANNA. SO I DID SUBMIT SOMETHING, UH, WITH REGARDS TO, UH, CASE 1 0 4. UM, AND I HAD THOUGHT THAT WE HAD DIALOGUE TO, UH, CHANGE THE VARIANCE TO SEVEN SIX, IS WHAT I SEEM TO RECALL. BUT, AND I, AND I DIDN'T SEE THAT IN THE REVISED MINUTES UNLESS I WAS LOOKING AT THE WRONG SHEET. YEAH, I MEAN, I, I I, I MAKE LITTLE NOTES AND I GO THROUGH AND I TRY TO CATCH ALL THAT STUFF. YES. I, I DIDN'T MISS ONE, SO THAT WAS CHANGED. I, I THINK THAT IT WAS CHANGED TO SEVEN FOOT SIX. I WROTE SEVEN FOOT SIX INCHES. OKAY. AND I SEEM TO RECALL THAT WE HAD DIALOGUE ABOUT OKAY. SPLITTING IT IN HALF AND THEY WERE, THEY WERE ACCEPTABLE TO THAT DIALOGUE. AND SO THAT'S WHAT I, THAT'S WHAT I WROTE DOWN. SO, OKAY. YEAH, I DO, I DO GO THROUGH THOSE, UH, EVERY AND IT WOULD BE JUST CONFIRMATION TO LISTEN TO THE MINUTES AND JUST VERIFY THAT, YOU KNOW, BASED UPON, YOU KNOW, THAT'S MY RECOLLECTION AND YOU KNOW, THAT'S WHAT I, BUT CERTAINLY IN, IN THE AUDIO. IS THERE ANY OTHER, UH, ? YEAH, YEAH. UM, I WILL HAVE TO ABSTAIN ON THIS 'CAUSE I HAVEN'T HAD THE OPPORTUNITY TO READ THE MINUTES, SO I CAN'T VERY WELL VOTE TO APPROVE THEM. OKAY. UH, BUT I WILL TAKE IT ON FAITH FROM THE REST OF YOU. ALRIGHT. UH, SO IS THERE A MOTION COMMISSIONER CRUZ, DID YOU MAKE THAT MOTION? YES, SIR. OKAY. SO WE HAVE A MOTION TO APPROVE. WE ACCEPT THE MINUTES TO ACCEPT JANUARY 8TH. WHO IS THE SECOND? I SECOND. SECOND BY COMMISSIONER THE AMENDMENT AS AMENDED. UH, AMENDED. AS AMENDED WITH WHAT? FOR THE COMMENT ON BO OA CASE 1 0 4. OH, I THINK, DIDN'T YOU TO SEVEN FEET, SIX EXTENSIONS. IT SENT AN EMAIL, BUT IT, IT WAS EARLY THIS MORNING. SO IT'S, I, YEAH. SO AS AMENDED. YEAH, AS AMENDED. ALL RIGHT. SO ALL IN FAVOR? ALL RIGHT. SO ALL IN FAVOR SAY AYE. AYE. AYE. AYE. AYE. ANY, ANY OPPOSED WITH ONE ABSTENTION BY COMMISSIONER BARRINGTON. ALL RIGHT. SO THAT TAKES CARE OF THE MINUTES. IS THERE A DIRECTOR'S REPORT? NO, SIR. NOTHING TO REPORT. THANK YOU. ALRIGHT, SO WITH THAT, I GUESS WE'LL SEE ALL OF THE REST OF Y'ALL ON THE 5TH OF FEBRUARY. UH, MR. CHAIRMAN, ARE WE GOING TO TALK ABOUT THE, THE SCHEDULE? OH YEAH. SO THERE WAS A, AN ISSUE WAS RAISED. THERE'S A, A SOLAR ECLIPSE AND I WANTED TO MAKE [02:20:01] SURE, UH, THAT WE WOULD HAVE A QUORUM. WHAT WAS THE DATE OF THAT, SIR? IT'S APRIL 8TH. APRIL WON'T BELIEVE. APRIL 8TH. OKAY. SO WE HAVE TWO COMMISSIONERS WHO, WHO WILL NOT BE IN ATTENDANCE. IS THERE ANY OTHER COMMISSIONERS THAT, THAT WE NEED TO BE, THAT STEPH NEED TO BE AWARE WILL NOT MAKE IT APRIL 8TH. OKAY. SO, UM, I GUESS, UH, THE ONLY THING I CAN ADD TO THAT IS, IS IT WOULD BE GREAT IF Y'ALL COULD, UH, MAKE SURE THAT WE HAVE A QUORUM AND UH, LET US KNOW BEFORE WE ANY OF US COME DOWN HERE. BUT, UM, BUT WE'RE MISSING TOO. WE'LL BE MISSING TOO FOR SURE. AS WE DO FOR, UH, WHEN WE GET CLOSER TO NOVEMBER AND DECEMBER, WE'LL UM, LOOK AT THE CALENDAR FOR THE ECLIPSE AND WE'LL SEND OUT A EMAIL OUT TO THE COMMISSIONERS ASKING FOR, UM, THEIR FEEDBACK ON ATTENDANCE. AND IF WE DON'T SEEM TO BE GETTING A QUORUM, THEN YES, WE WILL PROPOSE AN ITEM ON THE AGENDA TO CHANGE THE DATE. ALRIGHT, THANK YOU VERY MUCH. IF THERE'S NOTHING ELSE, IT IS 3 34 AND WE ARE ADJOURNED. SOUNDS LIKE A RECORD. * 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.