[00:00:08]
SO IT'S 1:01 PM I'M CALLING THIS MEETING OF THE BOARD OF ADJUSTMENTS TO ORDER.
WE HAVE THE SPANISH INTERPRETER COME OUT, PLEASE.
IS THERE A SPANISH OR CHURCH? I SEE HER.
HOW DID YOU GET SUCH A SHORT AGENDA TODAY? I DUNNO.
WHAT DID YOU DO? WE HAVE SLIDE FOR PERMISSION.
ALLEGIANCE? YES, THAT'D BE PERFECT.
AND, AND DO YOU WANT ME TO DO, CAN I DO AN INTRO FOR YES, MA'AM.
UHM, I START THIS, UH, THANK YOU VERY MUCH, UH, STAFF, IF YOU COMPLETE THE CALL, ROLL COMMISSIONER TON HERE.
COMMISSIONER BENAVIDEZ PRESENT.
COMMISSIONER UNA, PRESENT CHAIR ORIAN.
AND, UH, IF EVERYONE COULD PLEASE JOIN ME FOR THE PLEDGE OF ALLEGIANCE.
I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL FLAG.
I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD.
SO BEFORE WE PROCEED WITH OUR CASES TODAY, UM, THIS BOARD HAS LOST ONE OF ITS MEMBERS ON JANUARY 22ND.
UH, COMMISSIONER JESSE ZUNIGA, WHO HAS SERVED ON THIS, UH, COMMISSION IN ONE WAY OR ANOTHER, EITHER AS AN ALTERNATE OR AS A APPOINTED MEMBER, UH, FOR QUITE A WHILE.
HE ALSO HAS SERVED IN A NUMBER OF OTHER CITY BOARDS.
UM, I LEARNED A LOT ABOUT, UH, UH, COMMISSIONER ZUNIGA AFTER READING HIS OBITUARY.
THINGS I DIDN'T KNOW ABOUT, LIKE, I DIDN'T KNOW HE WAS IN THE MILITARY, AND I DIDN'T KNOW HE WORKED FOR DODI DIDN'T KNOW HE HAD A MASTER'S DEGREE OR THAT HE WAS MARRIED FOR 60 YEARS.
UH, AND I JUST WANTED JUST TO SAY IT WAS NICE TO SERVING WITH HIM.
HE MADE THE BOARD A LITTLE MORE INTERESTING.
UH, SO, UH, STAFF HAS, HAS A, HAS A SLIDESHOW, UH, TO, TO BRING OUT SOME INFORMATION ON COMMISSIONER ZUNIGA.
AND I'D APPRECIATE IF Y'ALL WOULD WATCH IT.
OH, THIS IS, WE JUST HAVE SOME PICTURES WITH HIM ON THERE.
WELL, I'D REALLY APPRECIATE IF EVERYONE COULD HAVE A MOMENT OF SILENCE FOR COMMISSIONER ZUNIGA BEFORE WE PROCEED.
[ Briefing and Possible Action on the following items ]
THE FIRST ITEM ON OUR AGENDA IS THE ELECTION OF, OF REPS REPRESENTATIVES TO THE, UH, PLANNING COMMISSION TECHNICAL ADVISORY COMMITTEE.UH, AND WITH THAT, UH, I BELIEVE WE HAVE AN ALTERNATE AND THE MAIN POSITION.
YES, WE ALREADY HAVE A PRIMARY MEMBER THAT'S MS. BRAGMAN.
SO WE'RE JUST, UM, LOOKING FOR AN ALTERNATE MEMBER TO REPLACE MENCHACA.
SO IS ANYONE ON THE COMMISSION INTERESTED IN COMMISSIONER CRUZ? I NOMINATE COMMISSIONER CRUZ.
UM, IS THERE ANY OTHER NOMINATIONS? HEARING NONE.
UH, MS. CRUZ, YOU ARE APPOINTED BY ACCLIMATION.
MY NAME IS JUAN EZ, PLANNER WITH DEVELOPMENT SERVICES.
[00:05:01]
A DASH 24 DASH 1 0 3 OH.ITEM ITEM NUMBER BO OA DASH 23 DASH 3 0 3 46.
APPLICANT LAUREN FREIGHT IS REQUESTING FOR A SPECIAL EXEMPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK FACE, LOCATED AT 2 2 6 RAINBOW DRIVE ZONE RESIDENTIAL SINGLE FAMILY DISTRICT IN COUNCIL DISTRICT 10.
THE SUBJECT PROPERTY IS GENERALLY LOCATED NORTH OF RAINBOW DRIVE AND EAST OF DEERWOOD AND CLOUD HAVEN DRIVE.
THE PROPERTY CURRENTLY HAS ONE EXISTING SINGLE FAMILY DWELLING SURROUNDING USES INCLUDE SINGLE FAMILY, RESIDENTIAL AND APARTMENT UNITS TO THE NORTH.
THERE IS CURRENTLY ONE OTHER TYPE TWO STR PERMIT ISSUED ON THE BLOCK FACE.
THE APPLICANT IS SEEKING A SPECIAL EXEMPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE.
A UNIT IS DEFINED AS HAVING ITS OWN DISTINCT SLEEPING AREA, KITCHEN AND BATHROOM.
TYPE TWO INDICATES THAT THE OWNER SLASH OPERATOR OF THE PROPERTY DOES NOT OCCUPY THE SITE AS A PERMANENT LEGAL RESIDENCE.
THIS IS THE SITE PLAN OF THE PROPERTY SUBMITTED AT THE TIME OF THE APPLICATION.
THIS IS THE SUBJECT PROPERTY AND THE NEXT FEW SLIDES ARE THE NEIGHBORING PROPERTIES AND SURROUNDING AREAS.
THERE ARE FOUR UNITS ON THE BLOCK FACE.
ONE STR TYPE TWO ALREADY IS CURRENT ON THE BLOCK FACE.
THE ADDRESS IS TWO TWO RAINBOW DRIVE APPROVED ON NOVEMBER 11TH, NOVEMBER 16TH, 2023.
BLOCK FACE IS CURRENTLY AT 25%.
AND IF, IF AN ADDITIONAL TYPE TWO STR PERMIT IS APPROVED, THE BLOCK FACE WILL BE AT 50%.
STAFF RECOMMENDS DENIAL AND BOA DASH 23 DASH 0 3 0 3 4 6 FOR A SPECIAL EXEMPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK FACE.
BASED ON THE FOLLOWING FINDINGS OF FACT, PER SECTION 16 DASH ZERO OF THE CITY CODES, THAT FINDS THAT THE APPROVAL OF AN INCREASE IN THE TYPE TWO SHORT-TERM RENTAL PERMIT DENSITY WILL BE DETRIMENTAL TO THE HEALTH AND SAFETY OF THE OCCUPANTS OF THE SHORT-TERM RENTAL PROPERTY AND TO THE INTEGRITY OF THE NEIGHBORHOODS IN THE SHORT-TERM RENTAL PROPERTY IN WHICH THE SHORT-TERM RENTAL PROPERTY OPERATES.
AND NUMBER TWO, STAFF IS UNABLE TO IDENTIFY ANY UNIQUE CIRCUMSTANCES WHICH WARRANTS EXCEEDING DENSITY LIMITATION FOR TYPE TWO STRS.
ON THE BLOCK FACE, THERE WERE 31 NOTICES MAILED OUT ZERO AND FAVOR, ZERO IN OPPOSITION, AND THERE WAS NO RESPONSE FROM OAK PARK NORWOOD NEIGHBORHOOD ASSOCIATION.
THIS CONCLUDES STAFF PRESENTATION.
APPLICANT IS HERE TO ANSWER ANY QUESTIONS.
UH, STAFF, I, I MADE AN ERROR.
I DIDN'T READ THE, UH, TENUOUS INSTRUCTIONS, UH, PRIOR TO THE BEGINNING OF THE MEETING.
I WAS A LITTLE THROWN OFF TODAY.
UH, DO YOU MIND IF I, UH, GO THROUGH THAT REAL QUICK? THAT'S FINE.
SO THE PEOPLE IN THE GALLERY, THERE'S, UH, A SERIES OF INSTRUCTIONS I DIDN'T, UH, READ JUST TO MAKE SURE EVERYONE HERE KNOWS, UH, HOW WE OPERATE AND WHAT WE DO.
SO I'M GONNA GO THROUGH THAT REAL QUICK.
UM, SO THIS BOARD FOLLOWS AN AGENDA, WHICH IS AVAILABLE ONLINE.
THE CASES ARE LISTED BY A NUMBER WITH THE NAME OF THE APPLICANT IN STREET ADDRESS.
FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY DIRECTOR'S REPORT.
AND LASTLY, AS CHAIR, I'LL MAKE ANY, ANY ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS.
I ASK THAT ANY BOARD MEMBER SUBMIT THESE ANNOUNCEMENTS TO ME AS CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING.
UH, JUST SO EVERYONE HERE KNOWS THAT WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL, AND THIS BOARD IS, UH, 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, NOT A, A COURT OF LAW.
WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELEASE LAW.
WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES.
SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATOR AND THE SAN ANTONIO CITY COUNCIL.
THEY'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 IT AND DECIDE APPEALS FROM A DECISION, A DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO MAKE, UH, AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35.
WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY OF THE DIRECTOR DYLAN SERVICES REGARDING REQUEST FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 5.
IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE.
EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS.
THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY, THEY'LL BE QUESTIONED BY THE MEMBERS OF THE BOARD.
ANY OPPOSITION WILL BE PRESENTED IN A LIKE MANNER AFTER EVERYONE HAS HEARD HAS BEEN HEARD IN THE CASE WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION.
[00:10:01]
ASKED TO VOTE ON THE MOTION IN ORDER FOR A MOTION TO CARRY.IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES.
THE BURDEN OF PROOF IN GRANTING THE RELIEF SOUGHT RESTS WITH THE APPLICANT.
THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISIONS OF THIS BOARD REGARDING APPEALS FROM ADMINISTRATIVE OFFICIALS.
SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT OF LAW BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL.
SO PLEASE LIMIT YOUR PRESENTATION TO THE PERTINENT FACTS OF YOUR CASE STAFF.
WOULD YOU LIKE TO ADD ANYTHING? YES, THANK YOU CHAIR.
UM, STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST.
PART OF THE PRESENTATION INCLUDES MAP, INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OR SPECIAL EXEMPTION AND PROPERTIES WITHIN 200 FEET OF THE SUBJECT PROPERTY.
CHECK MARK INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION FOLLOWING THIS PRESENTATION.
ANY QUESTION ABOUT THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST.
FOR THOSE THAT SIGNED UP TO SPEAK FOR OR AGAINST A PROPOSED VARIANCE OR SPECIAL EXEMPTION.
YOU'LL BE CALLED IN ORDER THAT YOU SIGN UP TO SPEAK.
THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE A MAXIMUM TIME LIMITATION FOR THOSE I WOULD LIKE TO GIVE WITH THEIR TIME TO A SPEAKER.
THAT SPEAKER WILL, THE SPEAKER WILL BE ALLOWED A MAXIMUM TWO PEOPLE GIVING UP THEIR TIME FOR A TOTAL OF NINE MINUTES.
THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS.
UH, SO BACK TO ITEM NUMBER TWO, STAFF, YOU'VE JUST FINISHED YOUR PRESENTATION.
SO IF WE, IF THE APPLICANT IS HERE, LET'S HAVE 'EM COME FORWARD.
IF YOU CAN JUST STATE YOUR NAME AND TELL US ABOUT YOUR CASE.
UH, THANK YOU FOR HEARING ME OUT.
MY NAME IS LAUREN FRY AND I AM THE PROPERTY OWNER.
UM, I AM APPLYING FOR THIS, UH, THIS VARIANCE.
UH, JUST, JUST TO LET YOU KNOW, UH, THE IMMEDIATE BLOCK IN THAT NEIGHBORHOOD WAS DEVELOPED FOR RENTAL HOUSING.
UH, AND INDEED WITH THAT FACT IN MY, I THINK THE, UH, ADDITION OF ANOTHER SHORT TERM RENTAL WOULD NOT TAKE AWAY FROM THE CHARACTER OF THE NEIGHBORHOOD.
UH, THEY'RE LONGER TERM RENTALS, BUT THERE IS, THERE'S NO CHARACTER THAT WILL BE REMOVED, UH, FROM THE PRESENCE OF ONE MORE SHORT-TERM RENTAL.
RAINBOW IS ON A BUSY STREET AND IT DIRECTLY ACROSS THE STREET IS THE BOWIE APARTMENTS.
UH, NONE OF THOSE UNITS FACE 2 2 6 RAINBOW.
SO IT, THEY WON'T BE, THEY WON'T SEE IT, THEY WON'T BE INTERFERED WITH IN ANY WAY.
UM, I AM THE OWNER OF THE COMPANY, OWNER OF THE HOUSE, UH, THAT LOOKS AFTER THE SHORT TERM RENTALS.
MY HUSBAND AND I RUN FOUR VERY SUCCESSFUL AIRBNBS WITH VERY HIGH RATINGS.
ALL OF OUR HOUSES HAVE, UH, GUEST FAVORITES.
WE'VE BEEN DOING IT FOR FIVE YEARS.
WE DON'T LET ANY ONE NIGHT RENTALS HAPPEN.
WE WANT TO BE VERY CONSIDERATE OF OUR NEIGHBORS AND OF ALL OF THE PEOPLE IN THE SURROUNDING ENVIRONMENT.
WE TAKE VERY GOOD CARE OF OUR HOMES.
UH, WE TAKE THE MONEY THAT IS USED FROM THE SHORT TERM RENTALS.
WE PUT IT BACK INTO THE HOMES TO MAKE SURE THAT THEY LOOK GREAT AND THAT MAINTENANCE IS, UH, KEPT UP.
UH, WE ALREADY HAVE THE OTHER SHORT TERM RENTAL THAT'S ON RAINBOW PRESENTLY 2 2 2 RAINBOW.
UM, AND THAT REVENUE BRINGS THE CITY, UH, MONEY AS WELL IN TERMS OF SHORT TERM RENTAL TAXES.
UM, I SPENT CONSIDERABLE TIME SETTING UP TWO, TWO RAINBOW, MYSELF AND MY KIDS.
AND IT SEEMS TO ME TO BE A VERY LOW INCOME AREA WITH A HIGH TRANSIENCY RATE.
THERE'S A LOT OF TRASH, A LOT OF GLITTER ON THE GROUND.
THERE'S OFTEN, UH, HEB AND TARGET SHOPPING CARTS.
THEY HAVE MY PHONE NUMBER IF THERE'S EVER A PROBLEM.
AND, UM, I, I CAN'T, I'VE SPOKEN TO THEM AND I, THERE, THERE HAVEN'T BEEN ANY ISSUES.
NOBODY IN THE AREA HAS ANY PROBLEMS WITH A, A SHORT TERM RENTAL FOR 2, 2 6.
SO I WOULD LIKE TO STILL APPLY FOR THE PERMIT.
UM, SO I'M GONNA START OFF WITH A, WITH A FEW QUESTIONS.
UH, I NOTICED THAT YOU, YOU MENTIONED YOU OWN 2 2 2 RAINBOW AS WELL.
THE STAFF REPORT SHOWS THAT, THAT THAT WAS, UH, THAT ADDRESS WAS NOT IN FAVOR.
UM, DID YOU, DID YOU SEND IN A, A FORM SAYING THAT YOU WERE AGAINST THIS REQUEST? UM, STAFF WAS NOT IN FAVOR OF A PERMIT, NO STAFF.
UH, IF YOU COULD BRING UP THE, UH, THE MAP SHOWING THE EXISTING SDRS.
OH, THOSE ARE JUST THE EXISTING SDRS.
THEY'RE NOT, THOSE AREN'T THE ONES AGAIN.
YOU, THERE'S, IT SAYS THAT THERE'S FOUR UNITS ON THE BLOCK PHASE, BUT HOW DOES THIS WORK WHEN THERE'S AN IRREVOCABLE INGRESS EGRESS AND THERE'S A STREET ON EITHER SIDE? DOES IT, DOES THE INGRESS EGRESS COUNT AS ITS OWN STREET AND BLOCK FACE FOR THE PURPOSES OF YOUR CALCULATIONS? SO FOR THIS, UM, WE ACTUALLY IDENTIFIED IT BY COLORS SO THAT WE COULD BE ABLE
[00:15:01]
TO IDENTIFY WHAT THE BLOCK FACE WOULD BE.SO FOR FROM TWO 18 RAINBOW TO TWO 30 RAINBOW, THAT WOULD BE CONSIDERED ONE BLOCK FACE.
THE YELLOW WOULD BE ITS OWN BLOCK FACE, THE LIGHT PINK FROM TWO 10 RAINBOW.
ALL THE, UH, THOSE FOUR UH, PINK BOXES WOULD BE ONE BLOCK FACE.
SO THAT'S HOW STAFF HAS BROKEN UP THIS, UH, SUBDIVISION FOR THE BLOCK FACES.
IS THERE ANY OTHER COMMISSIONER QUESTIONS? OH, ZUNA.
COMMISSIONER ZUNA, THIS QUESTION IS FOR STAFF.
UH, THE APPLICANT, UH, MADE A COMMENT THAT SHE'S IN GOOD STANDING WITH BOTH THE CURRENT HOT TAX AND NO VIOLATIONS ON HER EXISTING, UM, SHORT TERM RENTALS.
COULD YOU ATTEST TO THAT OR IS THAT THERE WAS NOTHING THAT WE SAW THAT HE, LIKE IF SHE WAS DELINQUENT.
UM, BEIDA CRUZ, COMMISSIONER BENAVIDEZ, AND THEN CRUZ.
UM, I HAVE A QUESTION FOR STAFF 2 22 AND TWO I THAT'S 10.
ARE THEY TYPE ONE OR TYPE TWO? THE 2 2 2 IS A TYPE TWO AND THE TWO 10 IS A TYPE TWO.
UH, I GUESS THIS QUESTION IS FOR STAFF ALSO, SINCE, UM, STAFF IS RECOMMENDING DENIAL.
BECAUSE HE, IT'LL ONLY BE AT 50%.
THERE'S ALREADY ONE ON THE BLOCK FACE FROM TWO 30 RAINBOW TO TWO 18 RAINBOW.
SO THERE'S ALREADY ONE EXISTING FOR 2 2 2.
SO THAT'S WHY IT WOULD BE 50% WOULD BE MADE.
IF WE APPROVE IT, IT WOULD BE OVER THE 12 POINT A HALF PERCENT DENSITY REQUIREMENT.
THAT'S WHAT I WAS TRYING TO REMEMBER.
OH, AND, AND, AND ON THAT STAFF, UM, IF YOU GO NORTH UP RAINBOW, YOU HAVE A NOTE THAT SAYS IT INCLUDES 2 34 RAINBOW.
ARE THERE ANY OTHER LOTS THAT ARE ALSO PART OF THE BLOCK FACE OR WHAT IS THE TOTAL AMOUNT OF LOTS THAT ARE IN THE CALCULATION? I BELIEVE IT'S JUST THE TWO 30 TO THE TWO.
I, I DIDN'T, UH, WHAT DOES IT INCLUDES? 2 34 RAINBOW, UH, SIGNIFY.
DOES THAT SAY IT'S ON THE TOP LEFT OF THE, UH, SCREEN? I'M NOT SURE WHY THAT NOTE IS THERE.
UH, IF THERE'S NO OTHER QUESTIONS MM UH, IS THERE ANYTHING YOU'D LIKE TO ADD BEFORE WE HAVE A MOTION? EVERYTHING, NO, THAT'S, THANK YOU SO MUCH.
OKAY, REGARDING CASE NUMBER BO A DASH 23 DASH 3 0 3 4 6, EXCUSE ME, LET ME JUST GET THIS.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO SHORT-TERM RENTAL UNIT SITUATED AT 2 2 6 RAINBOW DRIVE APPLICANT BEING LAUREN FREY.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOULD THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISION OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY.
THE BOARD FINDS THAT THE REQUEST TO OPERATE AN ADDITIONAL SHORT-TERM RENTAL IS UNLIKELY TO MATERIAL MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY, OR WELFARE.
THERE'S NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY.
B, THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE.
THERE DOES NOT APPEAR TO BE REASON TO BELIEVE A PUBLIC NUISANCE WOULD BE CREATED IF AN ADDITIONAL SHORT-TERM RENTAL PERMIT WAS APPROVED.
C THE NEIGHBORING PROPERTY WAS NOT, WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY STRUCTURES.
THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WILL SUBSTANTIALLY INJURE NEIGHBORING PROPERTY AS TYPE TWO SHORT-TERM RENTAL D, ADEQUATE UTILITIES, ACCESS, ROAD STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACILITIES HAVE BEEN OR ARE BEING PROVIDED.
THE SUBJECT PROPERTY PROVIDES ALL STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE.
E THE APPLICANT OR OWNER FOR THE SPECIAL EXCEPTION, DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES.
CONFIRMED CITATIONS OR ADJUDICATED OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITHIN ONE YEAR PRIOR TO THE DATE OF THE A APPLICATION.
THE APPLICANT DOES NOT HAVE ANY HISTORY OF REVOCATION, CITATIONS, OR CONVICTIONS FOR VIOLATIONS OF CHAPTER 16 F.
THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER, THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO OTHER RESIDENTIAL WITH THE PROPERTY OWNER PROVIDING OFF STREET PARKING AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY.
THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE ESSENTIAL
[00:20:01]
CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION.YEAH, I WILL NOT BE SUPPORTING THIS.
UM, THERE IS NO SPECIAL REASON ACTUALLY PROVIDED, UM, UH, TO CHANGE THE RULES.
USUALLY IF THERE'S SOMETHING LIKE, UH, IT HAD PREVIOUSLY HAD A, UH, A, A PERMIT AND IT GOT REVOKED BECAUSE SOMEBODY ELSE TOOK IT, THAT'S ONE THING.
BUT IN THIS CASE, WE DO HAVE A RULE OF, UH, ONE PER BLOCK FACE, BASICALLY BECAUSE PEOPLE WHO ARE RENTING LONG TERM OR PEOPLE WHO ARE LIVING THERE FULL, YOU KNOW, AS AS HOMEOWNERS, UH, HAVE A COMMUNITY, THEY LIKE TO KNOW WHO THEY'RE WITH, WHO'S THERE.
WHEN YOU PROVIDE SHORT TERM RENTALS, YOU HAVE A TRANSIENT, UM, COMMUNITY COMING INTO YOUR BLOCK AND, UM, IT IT, IT DOES HURT THE COMMUNITY.
SO, UM, I AM NOT SUPPORTING THAT COMMISSIONER BEES.
I'M IN AGREEMENT WITH MY, UH, WITH MY COLLEAGUES.
I MEAN, I WENT BACK AND FORTH, BUT YOU KNOW, UM, YOU HAD MENTIONED THAT YOU DO HAVE OTHER RENTALS AND SO I'M SURE THAT YOU'RE AWARE OF THE CITY CODE IN TERMS OF THE, UH, DENSITY LIMITATION.
SO UNFORTUNATELY I'LL BE, UM, I'LL, I'LL BE VOTING WITH MY COLLEAGUE, MANNA COMMISSIONER MANNA.
UM, ALSO, I, I AGREE WITH MY COLLEAGUES AND, UM, YOU KNOW, TAKING A LOOK.
I DO SEE THAT THERE'S LIKE, UM, 11, UM, OTHER, UH, TYPE TWO RENTALS WITHIN LESS THAN HALF A MILE OF THIS HOME.
SO, SO THIS AREA DOES SEEM LIKE IT'S WELL POPULATED ALREADY WITH SHORT TERM RENTALS.
SO I DON'T NECESSARILY SEE A NEED FOR, FOR ANOTHER ONE.
ALRIGHT, ANYONE ELSE? I'M GONNA GO AHEAD AND CHIME IN.
I'LL, I'M NOT GONNA BE FOR THIS.
UM, I WAS ON THE FENCE ONLY BECAUSE, UH, THE OWNERSHIP IS BY A SINGULAR PERSON AND NOT A CORPORATION.
THE PERMIT WOULD IMMEDIATELY GO AWAY.
UH, BUT BECAUSE OF THE HIGH DENSITY NATURE AND, AND THE WAY THIS IS CALCULATED, THERE'S ALREADY AN ENORMOUS AMOUNT FOR THE AREA THAT'S ALREADY CURRENTLY THERE.
SO I JUST, I CAN'T SEEM THE ADDITION, I CAN'T SEEM TO GET BEHIND THE ADDITION OF ONE MORE.
SO WITH THAT, UM, LET'S HAVE A ROLL CALL VOTE PLEASE.
COMMISSIONER KAPLAN, I DO NOT CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDEZ, I DO NOT CONCUR.
COMMISSIONER BURIN? I DO NOT CONCUR.
COMMISSIONER BANES? I DO NOT CONCUR.
COMMISSIONER DEAN? I DO NOT CONCUR.
COMMISSIONER CRUZ? I DO NOT CONCUR.
COMMISSIONER VASQUEZ? I DO NOT CONCUR.
COMMISSIONER MANA? I DO NOT CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER RHI? I DO NOT CONCUR.
COMMISSIONER OZUNA? YEAH, I DO NOT CONCUR.
CHAIR ORIAN AND I DO NOT CONCUR.
UH, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF AND THEY'LL TALK TO YOU ABOUT WHERE TO GO FROM HERE.
MY NAME IS JUAN ALVAREZ, PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER BO OA DASH 24 DASH 1 0 3 0 0 0 3.
APPLICANT JUSTINE SANCHEZ IS REQUESTING FOR A SPECIAL EXEMPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK FACE.
LOCATED AT 1717 WEST SUMMIT AVENUE ZONE RESIDENTIAL SINGLE FAMILY DISTRICT IN COUNCIL DISTRICT SEVEN.
THE SUBJECT PROPERTY IS GENERALLY LOCATED WEST OF SUMMIT AVENUE AT THE NORTHWEST CORNER OF MULBERRY AVENUE.
THE PROPERTY CURRENTLY HAS ONE EXISTING SINGLE FAMILY DWELLING SURROUNDING USES INCLUDE SINGLE FAMILY RESIDENTIAL.
THERE IS CURRENTLY ONE OTHER TYPE TWO SCR PERMIT ISSUED ON THE BLOCK FACE.
THE APPLICANT IS SEEKING A SPECIAL EXEMPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE.
A UNIT IS DEFINED AS HAVING ITS OWN DISTINCT SLEEPING AREA, KITCHEN AND BATHROOM.
TYPE TWO INDICATES THAT THE OWNER SLASH OPERATOR OF THE PROPERTY DOES NOT OCCUPY THE SITE AS THE PERMANENT LEGAL RESIDENCE.
THIS IS THE SIDE PLAN OF THE PROPERTY SUBMITTED AT THE TIME OF THE APPLICATION.
THIS IS THE SUBJECT PROPERTY AND THE NEXT FEW SLIDES ARE THE NEIGHBORING PROPERTIES AND SURROUNDING AREAS.
THERE ARE 13 UNITS ON THE BLOCK FACE.
ONE STR TYPE TWO IS ALREADY CURRENT ON THE BLOCK FACE.
1739 WEST SUMMIT AVENUE, WHICH WAS APPROVED ON NOVEMBER 16TH, 2022.
BLOCK FACE IS CURRENTLY AT 7%.
IF AN ADDITIONAL SECOND STR TYPE TWO IS APPROVED, BLOCK FACE WILL BE AT 14%.
STAFF RECOMMENDS DENIAL AND BO OA DASH 24 DASH
[00:25:01]
1 0 3 0 0 3 FOR A SPECIAL EXEMPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK FACE.BASED ON THE FOLLOWING FINDINGS OF FACT ONE PER SECTION 16 DASH 10 ZERO.
THE CITY CODE STAFF FINDS THE APPROVAL OF AN INCREASE IN THE TYPE TWO SHORT-TERM MENTAL PERMIT DENSITY WOULD BE DETRIMENTAL TO THE HEALTH AND SAFETY OF THE OCCUPANTS OF THE SHORT-TERM RENTAL PROPERTY AND TO THE INTEGRITY OF THE NEIGHBORHOODS IN WHICH THE SHORT-TERM RENTAL PROPERTY OPERATES.
NUMBER TWO, STAFF IS UNABLE TO IDENTIFY ANY UNIQUE CIRCUMSTANCES WHICH WARRANT EXCEEDING THE DENSITY LIMITATION FOR TYPE TWO STR.
ON THIS BLOCK FACE THERE WERE 31 NOTICES MAILED OUT.
ONE IN FAVOR, ONE IN OPPOSITION AND THERE WAS OPPOSITION AS WELL FROM THE NEIGHBORHOOD ASSOCIATIONS.
THIS CONCLUDES STAFF PRESENTATION.
APPLICANT IS HERE TO ANSWER ANY QUESTIONS.
ALL RIGHT, THANK YOU VERY MUCH.
LET'S HAVE THE APPLICANT COME FORWARD.
IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE.
HELLO EVERYONE, MY NAME IS JUSTINE SANCHEZ.
UM, THANK YOU FOR YOUR TIME TODAY.
I FIRST WOULD LIKE TO JUST MENTION THAT I WAS MADE AWARE OF THE OTHER STR ON THE BLOCK FACE AFTER I HAD ALREADY AGREED TO A ONE YEAR LEASE WITH THE OWNER OF THE PROPERTY.
SO I AM THE APPROVED DESIGNATED OPERATOR WITH THAT LANDLORD WHO IS COMPLETELY AWARE OF WHAT I'M DOING.
I WENT AHEAD AND TOOK SOME TIME TO GO AHEAD AND LOOK AT THE OTHER PROPERTY AND GET SOME INFORMATION ABOUT IT.
I WAS ABLE TO FIND OUT THAT IT'S ACTUALLY RUN BY ANOTHER CORPORATE ENTITY WHO ACTUALLY HAS OVER 800 LISTINGS WITHIN THE ENTIRE COUNTRY.
SO THAT TO ME WAS A LITTLE CONCERNING.
LIKE, OH, I'M GOING UP AGAINST A REALLY BIG COMPANY.
THE DIFFERENCE BETWEEN THEM AND MYSELF IS THAT ALONG WITH ONE PROPERTY THAT I DO OWN ALONG WITH THIS ONE I WOULD ONLY HAVE TWO, WHICH MAKES IT A MUCH MORE PERSONAL EXPERIENCE.
I AM PERSONALLY THE ONE WHO GOES TO THE PROPERTY, CLEANS IT, MAINTAINS IT STAYS ON TOP OF EVERYTHING.
EVERY SINGLE GUEST THAT COMES WOULD HAVE MY CONTACT INFORMATION.
I'VE ALSO SPOKEN WITH BOTH NEIGHBORS THAT I HAVE MET ON EACH SIDE OF THE PROPERTY WHO HAVE MY CONTACT INFORMATION.
I'VE BEEN VERY TRANSPARENT WITH THEM AND TOLD THEM TO CONTACT ME AT ANY POINT IF ANY QUESTIONS OR CONCERNS ARISE.
THEY'RE BOTH VERY AWARE OF WHAT'S GOING ON AT THE PROPERTY AS WELL AS SOME FURTHER INFORMATION ON THE, UM, OTHER PROPERTY THAT IS OBTAINED BY THE LARGE CORPORATION.
I WAS ABLE TO FIGURE OUT THAT SPECIFIC STR ON THE BLOCK HAS ACTUALLY WITHIN THE PAST YEAR ONLY HAD ABOUT 24% OCCUPANCY.
I, IN MY OPINION, THINK THAT THEY ARE JUST COMPLETELY OVERWHELMED WITH THE AMOUNT OF THE SCENES THAT THEY HAVE THAT THEY ARE NOT TERRIBLY CONCERNED WITH GETTING THAT SPECIFIC LOCATION BOOKED.
WITH THAT, I WAS ABLE TO CHECK ON AIRBNB VRBO AND THERE'S ALSO ANOTHER WEBSITE WHERE I WAS ABLE TO PULL SOME INFORMATION CALLED MASH PFIZER.COM, WHICH CONFIRMED THAT OCCUPANCY FOR 24%.
I WAS ALSO ABLE TO LOOK BACK AS FAR AS OCTOBER OF LAST YEAR, AND THAT IS ACTUALLY WHEN THEIR LISTING BECAME LIVE ON ALL THE WEBSITES.
WHEN I INITIALLY STARTED TO LOOK INTO APPLYING FOR THE PERMIT, AFTER I FIGURED OUT THAT I NEEDED TO DO SO, I WAS ABLE TO SEE DURING THAT TIME THAT THEY DIDN'T HAVE A LISTING ON AIRBNB, AIRBNB AND VRBO.
SO WHEN I APPLIED FOR MY PERMIT, I THINK THAT KIND OF CAUSED ME SOME CONFUSION ON WHETHER OR NOT I COULD GET IT APPROVED.
I FAILED TO CHECK OUR WEBSITE THOUGH AND I DID THAT AFTER
UM, BUT I WAS ABLE TO FIND OUT THAT INFORMATION ALONG WITH THAT AND MY PROPERTY.
I WOULD BE SITTING AT ABOUT 58%, MAYBE 60% OCCUPANCY.
SO IN MY OPINION WOULD NOT PUT THE WHOLE BLOCK FACE BRINGING ANY TRANSIENT OR ANYTHING OF THAT NATURE.
I ALSO HAVE MADE SURE TO PLACE EXTERIOR CAMERAS ON THE PROPERTY THAT MAKE SURE WHEN ANYONE, UH, WOULD BOOK I WOULD MAKE SURE THAT THE AMOUNT OF GUESTS THAT THEY HAVE SAID THAT THEY'RE GONNA BRING OR THE AMOUNT OF GUESTS THAT WILL BE THERE.
I WOULD NOT ALLOW ANY MORE THAN FIVE GUESTS IN THE HOUSE.
TWO PER SLEEPING IN THE BEDROOM, ONE ON A PULLOUT COUCH JUST FOR MY SAKE.
ALSO, I DON'T WANNA GO IN AND AFTER CLEAN UP A WHOLE CLEAN UP AFTER A WHOLE BUNCH OF PEOPLE.
UM, I ALSO ONLY LIVE 10 MINUTES AWAY FROM THE PROPERTY.
SO AT ANY POINT IN TIME IF I WERE TO GET CALLED OR ANY CONCERN WOULD ARISE, I WOULD BE THE VERY FIRST PERSON THERE.
ALRIGHT, UH, LET ME START WITH SOME QUESTIONS.
SO THE NE THE NEIGHBORHOOD ASSOCIATION WAS IN OPPOSITION.
DID YOU GET A CHANCE TO TALK TO THEM? I DID NOT.
I DIDN'T THINK OF THAT TO BE SOMETHING THAT I SHOULD HAVE DONE.
UM, I DID LOOK AT THE ENTIRE BLOCK THOUGH OF WHERE I'M APP, UH, REQUESTING THE SECOND STR AS WELL AS A WHOLE RANGE OF THE ENTIRE MAP ON THE CITY WEBSITE FOR AT LEAST FIVE TO SIX BLOCKS AND BETWEEN MINE THAT I'M APPLYING FOR.
AND THE OTHER ONE THERE WAS NO OTHER SER
[00:30:01]
PERMITS AND, AND THE NEXT DOOR NEIGHBOR WAS IN OPPOSITION.DID YOU HAVE AN OPPORTUNITY TO FIND OUT WHAT THEY'RE IN OPPOSITION TO? I DID NOT.
UH, AND LASTLY, STAFF, THERE'S A, UH, R SIX CD, UH, DOWN THE STREET.
UM, IS IS WHEN Y'ALL DID YOUR CALCULATION, WERE YOU, WAS IT, WAS IT UNDER THE ASSUMPTION OF SINGLE FAMILY HOMES OR WERE THERE ANY DUPLEXES OR QUADPLEXES? UH, ON THE STREET.
OH, IT, IT, IT WAS JUST SINGLE FAMILY.
AND DO YOU KNOW WHAT THAT THAT CD IS ALLOWING ON THAT R SIX OH AND WHERE I'M GOING WITH THAT IS THAT YOU DON'T USUALLY SEE A CD ON R SIX UNLESS YOU'RE TRYING TO PUT A DUPLEX OR SOMETHING.
AND IF THERE WAS AN EXTRA UNIT, I DIDN'T KNOW IF THAT GOT THE COUNT DOWN TO 12.5% OR WHATEVER CLOSER IT, IT'S GONNA BE BASED ON THE LOTS.
SO REGARDLESS OF HOW MANY UNITS ARE ON THE PROPERTY, IT IT'S ALWAYS GOING TO BE BASED ON THE LOTS ON THE BLOCK FACE.
IT'S NOT, I I ALWAYS THOUGHT IT WAS BY UNIT.
AM I, AM I, DOES THAT CHANGE? YEAH.
SO IF YOU HAVE A DUPLEX THAT COUNTS AS TWO RIGHT.
VERIFY WE'RE, WE'RE VERIFYING IT AS WE SPEAK MANNA COMMISSIONER MANNA.
SO, SO, SO YOU SAID YOU LOOKED AROUND THE REST OF THE COMMUNITY, I GUESS, AND I WAS JUST TRYING TO UNDERSTAND THAT PART BECAUSE, YOU KNOW, I LOOK, I LOOK AND I SEE THAT THERE ARE NINE OTHER SHORT-TERM RENTALS WITHIN 1500 FEET OF THIS ONE.
SO THAT, SO IT DOES SEEM LIKE THERE IS A WELL POPULATED AMOUNT OF SHORT-TERM RENTALS HERE.
AND THAT'S ONE OF THE THINGS I ALWAYS LOOK FOR IS, IS HOW MUCH IS ALREADY THERE.
AND SO, SO DID, DID YOU LOOK AND SEE I GUESS LOOK AT THOSE OTHER ONES AS WELL WITHIN, I GUESS I DID CHECK THE RADIUS.
WHAT I WAS FOCUSING ON IS MORE, SINCE IT WAS A BLOCK FOOT, BLOCK FACE RULE, I CHECKED THE ENTIRE BLOCK OF SUMMIT WEST SUMMIT AVENUE.
SO, SO BCA LIST THAT AS BEING A MULTI-FAMILY, TWO TO FOUR UNITS.
UH, TO ANSWER DONALD'S CONCERN, THE PROPERTY DOES SEEM TO BE A RESIDENTIAL SINGLE FAMILY.
ANY OTHER QUESTIONS? YES, COMMISSIONER BENAVIDES.
UM, SO ARE YOU SAYING THAT THE R SIX CD IS ONE HOUSE? YES.
EVEN THOUGH BCA HAS IT AS TWO TO FOUR UNITS, ONE HOME IN THE CORNER? YEAH.
IT'S JUST A SINGLE FAMILY RESIDENTIAL.
UH, ANY OTHER QUESTIONS FOR THIS APPLICANT? ALL RIGHT, SO, UM, STAFF, WHAT WAS THE, WHAT IS THE UNIT COUNT ON THIS? ON THIS BLOCK? 13 UNITS TOTAL.
AND HOW MANY UNITS WOULD THERE HAVE TO BE FOR HER NOT TO BE, TO HIT THIS OVER 12.5%? SO IF SHE WOULD BE GRANTED THE TYPE TWO FOR IT TO BE UNDER COMPLIANCE, IT WOULD HAVE TO BE 16 UNITS ON THE BLOCK FACE.
SO WHAT WE'RE GONNA DO IS WE'RE GOING TO, UM, HAVE A MOTION AND WE'RE GOING TO DELIBERATE AND WE'LL SEE HOW THIS TURNS OUT.
APPRECIATE, THANK YOU VERY MUCH.
UM, YES, I WOULD, I KNOW THAT THE NEIGHBORHOOD ASSOCIATION IS OPPOSING, UH, THE APPLICATION, IF THERE WAS AN ABILITY FOR HER TO REACH OUT TO THE NEIGHBORHOOD ASSOCIATION TO GET SOME KIND OF CONCURRENCE, I WOULD FEEL A LITTLE BIT MORE COMFORTABLE AS TO HOW THIS, UM, HOW THAT WOULD IMPACT THE BOARD.
I DIDN'T KNOW IF THERE WAS AN ABILITY FOR HER TO REACH OUT.
UH, IS THERE ANY OTHER COMMISSIONERS WHO FEEL THAT WAY AS WELL? MANNA COMMISSIONER, MANNA.
SO I WOULD SAY THAT YEAH, WITH THE NEIGHBORHOOD ASSOCIATION AGREED WITH IT, THEN THAT WOULD CERTAINLY WEIGH INTO MY OPINION.
BUT, YOU KNOW, WITH THEM NOT IN AGREEMENT, I WOULD, YOU KNOW, I WOULD MENTION, SAY I'M GOING THE OTHER DIRECTION.
SO WHAT WE'RE INSINUATING HERE IS THAT MAYBE A CONTINUANCE IS AN ORDER.
VASQUEZ COMMISSIONER VASQUEZ? UH, YES.
UH, I WOULD LIKE TO SEE, UH, UH, MORE OF THE ASSOCIATION INPUT.
ALSO, I WOULD LIKE TO EXPLORE THAT R SIX CD.
'CAUSE WHEN YOU LOOK AT THE STREETSCAPE, IT LOOKS LIKE THERE MIGHT BE ANOTHER, UM, RENTAL UNIT WITHIN THAT PROPERTY.
UM, AND THAT MAY BE ABLE TO WEIGH IN ON THE DECISION MAKING HERE.
RIGHT? I MEAN, I'M SHOWING A DRIVEWAY ON EITHER SIDE WHAT IT IS, WHAT IT LOOKS LIKE.
[00:35:01]
AND SO RIGHT NOW YOU SAID THE STAFF SAID IT WAS 14 TOTAL OR 12? 13.AND THEY, AND SHE WOULD NEED IT TO BE HOW MUCH? 16.
SO WHAT THAT MEANS IS THAT THERE, THERE IS A HOME ON THAT BLOCK THAT COULD BE A DUPLEX.
IT DOESN'T GET YOU WHERE YOU NEED.
BUT IF IT WAS A QUADPLEX, IT WOULD, MIGHT WANNA FIND OUT.
UM, IS THERE A, A COMMISSIONER LIKE TO MAKE A MOTION FOR A CON? AND HOW LONG WOULD YOU NEED IF A CONTINGENCE WERE TO PASS FOR YOU TO UH, COMMUNICATE WITH THE NEIGHBOR ASSOCIATION? I COULD GET IN CONTACT WITH THEM TODAY AND SEE WHEN THEY WOULD BE AVAILABLE TO MEET WITH ME.
WELL, WE WOULD NEED TO SOME SORT OF RESOLUTION THE NEXT TIME WE SEE IS TWO WEEKS ENOUGH TIME.
UH, I WOULD ALSO LIKE TO SEE THE NEIGHBOR.
MAYBE YOU COULD REACH OUT TO THE NEIGHBOR WHO'S OBJECTING.
DO WE KNOW WHICH NEIGHBOR? SO THAT I KNOW WHICH ONE TO GO TO? 'CAUSE I SPOKE ABOUT THE ONE THEY TOLD ME.
THE, THE ADDRESS WOULD BE 1721.
SO IS THERE A COMMISSIONER? I'D LIKE TO MAKE A MOTION FOR CONTINUANCE TO FEBRUARY 19TH.
MOTION FOR CONTINUANCE TO FEBRUARY 19TH.
COMMISSIONER DEAN? I DO NOT CONCUR.
COMMISSIONER VASQUEZ? I CONCUR.
WHAT THAT MEANS IS THAT WE'LL SEE YOU BACK IN TWO WEEKS.
AND WHAT WE'RE LOOKING TO HEAR IS, UH, COMMUNICATION AND, AND IS SOME, YOU KNOW, SOME CORRESPONDENCE WITH THE NEIGHBOR ASSOCIATION, ESPECIALLY THE NEXT DOOR NEIGHBOR WHO IS, UH, EXPRESS OPPOSITION.
AND THEN ALSO IF YOU COULD FIND OUT WHAT'S GOING ON WITH THAT HOUSE UP THE STREET.
ITEM NUMBER FOUR, HER JUST, UM, REAL QUICK, UH, FOR THAT LAST CASE, THERE WAS SOMEBODY SIGNED UP TO SPEAK AND WE DID HAVE TO VOICEMAIL THEM.
CAN WE UNDO IT? WELL WE CAN MOTION TO RECONSIDER SECOND.
THERE'S A MOTION TO RECONSIDER.
UM, I, UM, ALL IN FAVOR SAY AYE.
NOBODY, NOBODY WANTS TO RECONSIDER.
UH, IT'S GONNA COME BEFORE US.
IT'S NOT LIKE WE, WE VOTED ON IT.
I HAVE SEEN MS. JUSTINE SANCHEZ IN THE NEIGHBORHOOD.
I, WE HAVE WAIVED TO EACH OTHER AND THAT'S ABOUT THE EXTENT OF OUR COMMUNICATION.
UNFORTUNATELY, AT THIS POINT, I DO NOT HAVE HER PHONE NUMBER.
I DO, UH, RESIDE IN THE HOME AT 1721 WEST SUMMIT.
I HAD BEEN OPERATING A CHILDCARE BUSINESS, UH, REGISTERED WITH THE CITY OF SAN ANTONIO FOR 26 YEARS.
ONCE, UM, THE AIRBNB, UH, FOR MS. SANCHEZ, WHEN SHE STARTED OPERATING ABOUT 90 DAYS AGO, I DID START SEEING THE DECLINE IN MY BUSINESS AS A CHILDCARE IN HOME CHILDCARE BUSINESS.
I WAS NOT ABLE TO PERSUADE THE PARENTS, UM, ABOUT THE SAFETY.
AND SAFETY IS THE UTMOST CONCERN.
UNFORTUNATELY, I DID MAKE THE PERSONAL DECISION TO CLOSE DOWN MY BUSINESS BECAUSE OF THE AIRBNB.
AND, UM, THAT WAS MAINLY DUE BECAUSE OF A SAFETY CONCERN.
I, IN THE PAST 90 DAYS, BALLPARK, I DON'T KNOW WHEN MRS. SANCHEZ STARTED OPERATING, BUT, UH, I HAVE HAD TRANSIENT TENANTS COME TO MY FRONT DOOR, UM, KNOCK BECAUSE THEIR CAR IS STRANDED.
THEY HAD BEEN SPEAKING TO THE FAMILIES AS THEY WERE DROPPING OFF THE CHILDREN TO THE CHILDCARE CENTER.
I HAVE SEEN EXCESSIVE LOUD PARTIES.
I'VE BEEN UP TILL 12, TWO O'CLOCK IN THE MORNING CALLING UP POLICE.
AND I, I FELT LIKE I WAS TRYING TO MANAGE MRS. SANCHEZ'S PROPERTY, UNFORTUNATELY.
AND AGAIN, IT, IT, IT'S A SAFETY ISSUE.
AND I'M SURE THAT, UH, THIS HAS BEEN BROUGHT UP TO YOU GUYS
[00:40:01]
BEFORE.I'M NOT THE FIRST ONE COMPLAINING ABOUT AIRBNB.
AND, UM, CURRENTLY THE PICTURE THAT WAS PRESENTED OF 1717 WEST SUMMIT SHOWS THE WEEDS ARE CUT DOWN.
I DID BRING A PICTURE WITH ME.
THERE IS A PATCH OF WEEDS THAT ARE UP TO 12 INCHES AT THIS POINT.
IT DOES BRING DOWN THE INTEGRITY OF OUR NEIGHBORHOOD.
AND, UM, WHO, WHO WANTS TRANSIENT TENANTS COMING IN AND OUTTA YOUR NEIGHBORHOOD? I, I PERSONALLY, I DON'T, AND I KNOW THE MAJORITY OF US DO NOT AGREE WITH THIS.
THE, UH, CONSTRUCTION OF THE NEIGHBORHOOD HERE, UH, WAS CONSTRUCTED BACK IN THE 1930S.
IT WAS AN, AN ORIGINAL GERMAN COMMUNITY.
THE STREETS ARE BUILT FOR WAGONS, NOT FOR VEHICLES.
IT, IT'S ALREADY DIFFICULT TO, UM, DRIVE CARS DOWN OUR STREET, PERIOD.
WE'RE HAVING TO, TO JUST BE VERY COURTEOUS OF WHO'S COMING IN AND OUTTA THE NEIGHBORHOOD.
THEY, THEY DISRUPT THE, UH, THE SAFETY AND INTEGRITY OF OUR NEIGHBORHOOD.
I DO NOT SEE CAMERAS INSTALLED ON THE PROPERTY AT THIS TIME.
AND I AM A CURRENT MEMBER OF THE JEFFERSON HOMEOWNERS ASSOCIATION.
SO YOU HAD MENTIONED THAT, THAT, UH, THE APPLICANT, UH, HAD BEEN OPERATING ALREADY FOR 90 DAYS.
SO WHAT ABOUT THE OTHER SHORT TERM RENTAL? THAT'S A COUPLE HOMES UP THE STREET FROM YOURS.
WHAT, HOW DID THEY, IN, HOW DID THEY OPERATE? UH, YOU'VE BEEN THERE FOR OPERATING 26.
AND SO THE, THE EXISTING STR HAS BEEN THERE FOR HOW LONG? STAFF SINCE NOVEMBER OF 2022.
SO IN, YOU KNOW, IN THE LAST 13, 14 MONTHS, HOW, HOW, HOW DID THEY AFFECT YOUR BUSINESS? THEY ARE ABOUT FIVE DOORS AWAY FROM MY FRONT DOOR.
SO I DID NOT SEE THE DIRECT IMPACT.
IT WAS WHEN MS. AS SANCHEZ STARTED OPERATING NEXT DOOR, THAT I FELT THE DIRECT IMPACT.
SO THE, SO THE EXISTING ONE IS THREE DOORS FROM YOURS AND YOU DIDN'T NOTICE THEM AT ALL? CORRECT.
WELL, IS THERE ANY OTHER QUESTIONS FOR THE, UH, SPEAKER? ALL RIGHT, HEARING NONE, LET'S HAVE THE VOICEMAILS.
HI, MY NAME IS TED RA, PRESIDENT OF THE JEFFERSON NEIGHBORHOOD ASSOCIATION.
THE MAILING ADDRESS IS 2352 WEST MULBERRY, SAN ANTONIO, TEXAS 7 8 2 0 1.
I'M CALLING, UH, REGARDING THE BOA CASE, BOA 24 10 30 0 0 0 3.
ITEM NUMBER 3 17 17 WEST SUMMIT.
THE JEFFERSON NEIGHBORHOOD ASSOCIATION DOES NOT SUPPORT THE SPECIAL EXEMPTION REQUESTED TO EXCEED THE DENSITY LIMIT WHERE THIS BLOCK FACE.
THIS BLOCK FACE HAS 12 HOMES AND IS ADDING A SECOND TYPE, SECOND TYPE TWO SHORT-TERM RENTAL THAT WILL IMPACT THE QUALITY OF LIFE IN OUR COMMUNITY.
PLEASE DENY THE APPLICATION'S REQUEST AND SUPPORT STAFF STAFF'S RECOMMENDATION FOR DENIAL.
THE NUMBER IS TWO TEN TWO ONE NINE FOUR SIX NINE SIX.
HI, YES, THIS IS JAY MORALE, PRESIDENT OF WOODLAWN LAKE COMMUNITY ASSOCIATION, CALLING IN REGARDS TO BOA.
CASE NUMBER TWO FOUR DASH 1 0 3 0 0 0 0 3.
ITEM NUMBER THREE, COPY LOCATED AT 1 7 1 7 WEST SUMMIT.
THE WOODLAND LAKE COMMUNITY ASSOCIATION IS OPPOSED TO THE SUPPORTING THE SPECIAL EXCEPTION REQUEST TO EXCEED THE DENSITY OF THE BLOCK PHASE.
THE BLOCK PHASE HAS ONLY A DOZEN HOMES AND ADDING A SECOND TYPE TO IMPACT QUALITY OF LIFE FOR OUR, THE COMMUNITY AND THE SURROUNDING AREA.
PLEASE DENY THE APPLICANT'S REQUEST AND SUPPORT STAFF RECOMMENDATION FOR DENIAL.
COMMISSIONER MANANA A QUESTION FOR CITY STAFF.
SO, SO, UM, IT WAS BROUGHT UP, UH, BROUGHT TO OUR ATTENTION, I GUESS THAT THIS HAD BEEN RUNNING FOR I GUESS 90 DAYS OR SO.
WHAT WAS IT? UH, WAS THERE ANY VIOLATION, CODE VIOLATIONS OR ANYTHING, UH, THAT WAS PROVIDED WITH REGARDS TO PROMPTING THIS FROM YOUR PERSPECTIVE? UH, NO.
THERE WASN'T ANY CODE VIOLATIONS THAT OCCURRED THAT WE PICKED UP FROM THE PROPERTY.
[00:45:01]
SO THE QUESTION FOR STAFF, DID Y'ALL, UH, HAVE ANY RESEARCH INTO ANY LISTINGS ON AIRBNB? WAS IT, WAS IT A LEGITIMATELY OPERATING? WE DID NOT, WE DID NOT LOOK INTO THE PROPERTY FOR RESEARCH TO SEE IF THERE WAS A VIOLATION.WE NEVER RECEIVED ANY COM UM, COMPLAINTS FROM THE PUBLIC EITHER LIKE TO LET US KNOW THAT THEY WERE OPERATING.
UM, WE DIDN'T SEE IT IN OUR THIRD PARTY AS WELL WHEN SHE APPLIED.
WE JUST TOOK IT AS A NEW APPLICATION, UM, TO, TO, UM, I TRY TO OBTAIN A PERMIT.
DOES ANY COMMISSIONERS WANT TO, UH, REVISIT BRINGING THIS BACK? YEAH, I'D LIKE TO BRING THIS BACK.
WHO, WHO VOTED WHO WAS IN OPPOSITION TO THE CONTINUANCE? MR. VINE.
AND SO WE HAVE ANOTHER COMM, COMMISSIONER VINE? YES.
WOULD YOU, WOULD YOU WANT TO, UH, MAKE A MOTION TO RECONSIDER? I MAKE A MOTION TO RECONSIDER.
UM, IN LIGHT OF THE NEW TESTIMONY WE HEARD, I JUST WANTED TO PUT THIS TO ANOTHER VOTE TO SEE IF, UH, THIS COMMISSION WANTS THIS, UH, WOULD LIKE TO ENTERTAIN THIS.
UM, I DO NOT SUPPORT THE, UH, IT'S JUST TO RECONSIDER MA'AM.
COMMISSIONER DEAN? UH, I CONCUR.
WE'RE BRINGING THIS BACK, UH, IN FRONT OF THE BOARD AT THIS TIME.
UH, I SEE THE APPLICANT IS PRESENT.
SO THIS WAS AN ERROR THAT I MADE BY NOT LISTENING TO THE PUBLIC COMMENTARY BEFORE CALLING FOR A VOTE.
UM, AND, UH, I'M SORRY FOR THAT, BUT WHAT THE ISSUES AT BAY ARE STILL IN FRONT OF US AND THAT IS, UH, YOU HAVE TWO NEIGHBORHOOD ASSOCIATIONS THAT NOW HAVE EXPRESSED, UH, THEIR OPPOSITION AND THE ABUTTING NEIGHBOR.
AND SO I WANT TO GIVE YOU AN OPPORTUNITY TO PROVIDE ANY SORT OF A REBUTTAL IF THERE'S ANY NEW INFORMATION YOU THINK WE SHOULD KNOW, UH, BEFORE WE, UH, ASK FOR ANOTHER MOTION.
IF SHE'S OPERATING WITH, OH, AND ALSO WERE YOU OPERATING PRIOR TO TODAY? SO THE LISTING HAS BEEN ACTIVE, BUT I'VE ACTUALLY BEEN WORKING WITH CORPORATE BUSINESSES TO GET EMPLOYEES IN.
SO I KNOW ONE EXAMPLE OFF THE TOP OF MY HEAD IS BAIRD.
UM, FOUNDATION WAS ONE OF THE COMPANIES WHO HAS, UH, EMPLOYEES IN STAYING THERE.
SO I'VE BEEN VERY ADAMANT TO HAVE ANY KIND OF PROFESSIONAL IN THERE.
AS FAR AS PARTIES OR ANYTHING, I'VE NEVER BEEN NOTIFIED OF ANY TYPE OF PARTY.
I ALSO HAVE DEVICES INSIDE THE HOME THAT ALERT ME WHENEVER DECIBELS ABOVE ALLOWED NU NUMBERS ARE TAKING PRESENT AND THEN I GET NOTIFIED ALSO.
AND I'VE NEVER RECEIVED ANYTHING THAT WAY AS FAR AS ANY KIND OF POLICE CALLS OR ANYTHING.
I ALSO HAVE NOT BEEN NOTIFIED OF ANYTHING OF THAT NATURE.
AS FAR AS THE LAWN CARE, I ACTUALLY HAVE A COMPANY WHO HAS BEEN GOING OUT AND TAKING CARE OF THE LAWN.
I HAVE NOT HAD THEM GO OUT THE PAST WEEK BECAUSE WE WERE GETTING THE RAIN.
BUT YESTERDAY, LITERALLY WHILE I WAS THERE, I ACTUALLY SAW THAT IT WAS OVERGROWN AND THEY'RE GOING OUT TOMORROW TO TAKE CARE OF THE LAWN.
UM, OH AND AS FAR AS THE A NEIGHBOR LOSING THE COMPANY AND EVERYTHING, I ALSO WAS NOT AWARE OF ANYTHING WHEN I, OR I SPOKE TO THE NEIGHBOR ON THE LEFT HAND SIDE, I WAS ADVISED THAT THERE WAS A DAYCARE THAT WAS RUNNING NEXT DOOR.
AND ONE OF THE FIRST TIMES WHEN I WAS ACTUALLY MOVING THINGS INTO THE HOME, I CANNOT REMEMBER THE NAME OF THE WOMAN THAT I SPOKE WITH, BUT THEY ALSO TOLD US THAT THERE WAS A DAYCARE.
TOTALLY KEPT THAT IN MIND ALSO, WHICH WAS MUCH MORE OF A REASON FOR ME TO HAVE CAMERAS ON THE PROPERTY.
CURRENTLY THERE IS A RING DOORBELL CAMERA, THERE IS A CAMERA FACING THE DRIVEWAY.
I ALSO HAVE A CAMERA AT THE BACK DOOR AND ON THE BACK SHED OF THE PROPERTY.
SO AT ANY ANGLE ON THE PROPERTY, IF ANYTHING WAS THERE THAT I FELT WAS NOT ACTIONABLE TO WHAT I WAS TOLD WAS HAPPENING, I WOULD BE ADDRESSING THAT IMMEDIATELY.
ANY QUESTIONS? BENAVIDEZ MR. BENAVIDEZ? UM, YOU SAID THAT YOU HAD, UM, SOME CORPORATE BUSINESS.
WAS IT BOOKED THROUGH AIRBNB OR WAS IT BOOKED DIRECT WITH THE, INITIALLY IT WAS AIRBNB.
I'VE ALSO HAD THEM REACH OUT PERSONALLY BECAUSE OF THE FACT THAT I KNEW THAT I COULD NOT HAVE ANYONE THERE LESS THAN
[00:50:01]
30 DAYS.SO ANYONE WHO HAS BEEN THERE OFF OF OR SHORTER THAN 30 DAYS HAS ALSO BEEN THROUGH CORPORATE HOUSING.
SO THAT MEANT, MEANT YOU WERE, YOU WERE LEASING IT TO A CORPORATION AND THAT THEY JUST PUT PEOPLE IN AT WILL.
IT'S AN AGREEMENT THAT I WOULD HAVE WITH THE OPERATION.
BUT YOUR AGREEMENT EXCEEDED 30 DAYS? NOT INITIALLY.
THE FIRST ONE THAT I HAD WAS TWO WEEKS AND THEN OTHER ONES THEY'VE HAD BEEN COMING CONTINUOUSLY THROUGH THE COMPANIES OVER THE 30 DAY PERIOD.
SO THERE'S NO INTENT TO EX TO TO BE LESS THAN 30.
JUST THE FIRST ONE JUST WORKED OUT THAT WAY.
IS THERE ANY OTHER QUESTIONS? SO JUST, SO IF, IF YOUR APPLICATION WAS TO BE DENIED, THERE'S NO REASON YOU COULDN'T CONTINUE, CONTINUE TO DO 30 DAY PLUS BOOKINGS? RIGHT? THAT IS THE PLAN.
UM, THE GOAL WOULD BE THAT I WOULD HAVE THE OPPORTUNITY TO GO AHEAD AND ALLOW SHORT TERM IN THE EVENT THAT I DID NOT HAVE SOMETHING LINED UP WITH A CORPORATE.
DO YOU CHANCE HAPPEN TO BALLPARK, HAVE AN IDEA OF THE, LIKE, DEMOGRAPHIC OF THOSE THAT HAVE BEEN RENTING THE PROPERTY OR, OR STAYING IN THE PROPERTY? THE MOST THAT I WOULD HAVE WOULD BE CAMERA FOOTAGE THAT WOULD SHOW, UM, WHO WAS THERE MOST RECENTLY.
AND THEN ANY ACTIVITY THAT WAS GOING ON, IT WOULD DEPEND ON HOW MUCH STORAGE I HAVE ON MY RING DOORBELL.
COMMISSIONER BENAVIDEZ, CAN I MAKE A MOTION FOR IF THERE'S NO OTHER QUESTIONS, CONTINUE THE CONTINUANCE? YOU CAN, UH, YOU CAN MAKE A MOTION FOR UH, WHAT IF YOU WOULD LIKE TO GO AHEAD.
WELL, I MEAN, I, I THINK THAT WE SHOULD ALSO ALLOW HER THE OPPORTUNITY TO MEET WITH THE NEIGHBORHOOD ASSOCIATIONS, BOTH OF THEM TO SEE WHAT THEIR, WHAT THEIR DISPUTE IS.
I MEAN, WE HAVEN'T EVEN, UM, GIVEN HER THE OPPORTUNITY.
SO I WOULD LIKE TO MAKE THE MOTION FOR A CONTINUANCE FOR HER TO COME BACK IN TWO WEEKS, WHICH WAS OUR INITIAL OKAY.
IS THERE A SECOND FOR THAT? I SECOND IT.
SECOND BY COMMISSIONER ZUNA, HAVE A ROLL CALL.
VOTE FOR A CONTINUANCE TO FEBRUARY 19TH.
COMMISSIONER IVANEZ? I DO NOT CONCUR.
COMMISSIONER DEAN? I DO NOT CONCUR.
IS THERE A MOTION CHAIR FOR CONTINUANCE? IT'S JUST SIMPLE.
WELL THEN THIS HAS BEEN CONTINUED, UH, UNTIL FEBRUARY 19TH.
SO, YOU KNOW, YOU'VE GOT AN UPHILL BATTLE HERE.
YOUR JOB IS TO GET, YOU KNOW, SOMETHING DOCUMENTED OR A VOICEMAIL FROM THE NEIGHBORS, FROM THE NEIGHBOR ASSOCIATIONS.
FIND OUT ABOUT THAT HOUSE UP THE STREET.
SO I WHAT WAS THE ADDRESS UP THE STREET THAT YOU MENTIONED? DO YOU HAPPEN TO KNOW? I KNOW WHAT YOU UM, YEAH, IF STAFF WILL STAFF WILL GIVE YOU THAT OUT THERE.
YEAH, YOU CAN MEET, YOU CAN GET WITH STAFF.
IT'S, IT'S, UM, YEAH, IT'S SEVEN.
BUT, UH, YOU KNOW, TWO WEEKS YOU'RE GONNA BE APPEARING BEFORE THE PRETTY MUCH THE SAME PEOPLE, SO, OKAY.
ADAM FORD, BO OA 23 1 0 3 0 0 2 86.
APPLICANT BEING IN SKYWAY TOWERS, LLC, UM, DISTRICT THREE LOCATED 55 0 6 SOUTH FLORES, ZONE C TWO AND R SIX.
THIS IS A REQUEST FOR A HUNDRED NINETY SEVEN HUNDRED NINETY SEVEN FOOT AND SIX INCH VARI FOR THE MINIMUM 200 FOOT DISTANCE TO ALLOW A TWO FOOT SIX INCH DISTANCE FROM THE WIRELESS COMMUNICATION TOWER TO A RESIDENTIAL ZONE DISTRICT.
SUBJECT PROPERTY IS LOCATED ALONG SOUTH FLORIDA STREET.
JUST NORTH OF THE INTERSECTION OF EAST, SOUTH CROSS PROPERTY WAS RECENTLY REZONED, REZONED A 0.034 ACRE PORTION OF PROPERTY TO C TWO TO PERMIT OUR WIRELESS COMMUNICATION TOWER.
THE PROPERTY IS CURRENTLY A PARKING LOT WITH NO STRUCTURE.
MUCH OF THE PROPERTY REMAINS ZONED RESIDENTIAL.
AND THE STRUCTURE, THE SETBACKS ARE BASED ON THE RESIDENTIAL PORTION WITHIN THE PROPERTY.
AS INDICATED BY THE APPLICANT.
THE DISTANCES WILL BE 23 FEET FROM THE EAST, 23 FEET, EIGHT INCHES TO THE SOUTH, 23 FEET TO THE WEST, AND TWO FEET, SIX INCHES TO THE NORTH SLIDE.
[00:55:02]
AND STAFF RECOMMENDS, UH, DENIAL FOR BO OA 23 1 0 3 0 0 2 86 BASED ON THE FOLLOWING FINDING EFFECT.WHILE COMMUNICATION TOWER WILL BE SIGNIFICANTLY LESS THAN 200 FEET FROM AN ESTABLISHED RESIDENTIAL PROPERTY, WHICH WOULD BE CONTRARY TO PUBLIC INTEREST AND THE VARIANCE WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS A LAW CANNOT SUSTAIN A WIRELESS COMMUNICATION TOWER.
23 NOTICES WERE MAILED OUT, RECEIVED NONE IN FAVOR OR OPPOSITION AND NO RESPONSE FROM THE SAN LEO NEIGHBORHOOD ASSOCIATION.
AND THAT CONCLUDES STAFF PRESENTATION.
IS THAT THE APPLICANT COME FORWARD, STATE YOUR NAME.
I WANNA SAY THANK YOU FOR ALLOWING ME TO SPEAK THIS EVENING, THIS AFTERNOON.
I DO HAVE ONE QUESTION FOR THE OPPOSITION AND IN FAVOR FOR, UH, WE WENT TO PLANNING COMMISSION, ZONING COMMISSION AND WE WENT TO CITY COUNCIL.
I THOUGHT WE HAD LIKE 21 NOTICES IN FAVOR OF THIS, UH, PROPOSAL.
DID YOU STATE THAT? THAT'S FOR THE ZONING? WE DID NOT RECEIVE ANYTHING FOR THE BO BOARD OF ADJUSTMENT IT.
IT, IT WAS INTENDED THAT THERE WAS FOR THE ENTIRE PROJECT, NOT JUST THAT.
SO I DO WANNA STATE FOR THE RECORD, WE HAD 23 PEOPLE THAT VOTED FOR IT.
I HAVE, UH, WE'LL PULL THAT UP WHILE YOU'RE DOING YOUR PRESENTATION.
I HAVE, UH, THE PRESIDENT OF THE COUNCIL HERE TOO.
SO BASICALLY, UM, IF YOU GO TO THE NEXT SLIDE, PLEASE.
THIS IS THE MAP THAT WE'RE TRYING TO SHOOT FOR.
THAT'S THE SITE WITHIN A THOUSAND FEET.
JUST TRYING TO SHOW YOU WHAT THE DISTANCE IS ALL ALONG.
UH, FLORES IS MOSTLY COMMERCIAL.
I PERSONALLY LOOKED FOR, IT'S BEEN TWO YEARS LOOKING FOR A PROPERTY THAT WOULD BE COMMERCIAL THAT WOULD FIT WITHIN THE ZONING GUIDELINES.
WHEN WE FOUND, WE FINALLY FOUND A PROPERTY THAT WAS COMMERCIAL AND FINALLY FOUND A, A LANDLORD THAT WAS WILLING, THEIR PARCEL WAS SO SMALL IT WOULDN'T, IT WOULDN'T HOLD THE ROOM FOR THE TOWER OR THEY WANTED IT ON THE VERY, VERY FRONT OF THE PROPERTY, WHICH I KNOW THAT WOULD JUST NEVER PASS.
SO THIS WAS OUR ONLY OPTION WE HAD.
AND I DO WANNA STATE TOO, IF YOU GO TO THE NEXT SLIDE, PLEASE.
SO THAT'S, THAT'S WHERE WE'RE AT RIGHT THERE.
IF I CAN USE THE LASER POINTER.
SO, AND ANYBODY, THE TOWER'S GONNA BE HERE.
SO THE, THE VARIANCES THAT THEY'RE TALKING ABOUT, WE'RE ASKING FOR, I DIDN'T WANT TO ZONE THIS WHOLE ENTIRE PROPERTY, TAKE AWAY THEIR RESIDENTIAL.
SO WHAT WAS SUGGESTED IN PART OF THE REZONING PROCESS, KIND OF A DIFFERENT DEPARTMENT, THEY SAID JUST REZONE THAT TOWER PORTION.
SO I'LL LEAVE THE, THE, THE REST OF THE PARKING LOT WILL STILL BE RESIDENTIAL, BUT JUST THIS ONE PARTICULAR PART WOULD BE, SO IF WE GO TO THE NEXT ONE AGAIN.
AND SO I WANTED TO NOTICE THAT THERE'S THESE LARGE SEVEN LARGE TREES RIGHT HERE.
THAT'S AS A BUFFER TO, THAT'S A CONCERN.
WE, THERE'S A LOT OF PLACES WE COULD HAVE PUT IT.
I DIDN'T WANNA PUT IT UP HERE.
DIDN'T WANNA PUT IT RIGHT HERE.
SO WE KIND OF TUCKED IT INTO WHERE WE HAD OUR ENGINEERING TEAM, MAKING SURE THAT IT WOULD IMPACT THE TREES.
IT'D HAVE THE LEAST VISIBILITY TO THE AREA.
UM, AND I'M GONNA TAKE A STEP BACK NOW SINCE I KIND OF STARTED IN THE MIDDLE OF MY PRESENTATION.
WE'VE LOOKED FOR A LOT OF DIFFERENT PLACES.
THIS WAS THE ONLY ONE WE COULD FIND.
SO, UM, I HAD TO BE COGNIZANT OF THE FACT THAT I WANTED TO HAVE MINIMAL IMPACT ON ADJACENT RESIDENTIAL STRUCTURES.
SO WHERE WE PLACED THIS ON THE PARCEL, WE FELT LIKE IT WAS THE BEST FOR THE AREA.
THERE IS AN ADJACENT CELL TOWER TO THE NORTH, ABOUT EIGHT TENTHS OF A MILE.
IT'S TOO FAR AWAY FROM THIS AREA THAT SKYWAY TOWERS IS, IS LOOKING TO PUT THIS TOWER UP THAT WOULD HOLD A, UH, VERIZON WIRELESS RIGHT OFF THE BAT.
THEY WANT TO GO THERE TO IMPROVE THE SERVICE OUT THERE.
'CAUSE THERE THEY KNOW THERE'S A CAPACITY ISSUE OUT THERE AND IT WILL HOLD TWO ADDITIONAL CARRIERS.
SO ONE OF THE THINGS THAT WHEN WE DO THE DESIGN ME AT ARCH COM IS THE VICE PRESIDENT OF REAL ESTATE AND DEVELOPMENT IS, I WANNA TRY TO MINIMIZE THE NUMBER OF TOWERS GOING UP.
SO I DON'T WANNA PUT ONE HERE, ONE HERE AND ONE THERE.
I'D LIKE TO PUT THREE CARRIERS ON ONE TOWER.
WELL, WELL LEWIS, COULDN'T YOU GO ON AN EXISTING BUILDING SOMEWHERE? THERE WERE NO HEIGHTS.
THERE'S NO, THERE'S NO BUILDINGS IN THE AREA.
IS THERE AN EXISTING POLES THAT YOU COULD MAYBE GO ON? I WOULD LOVE, THEY WOULD LOVE TO GO ON AN EXISTING POLE 'CAUSE IT'D BE CHEAPER.
BUT THERE'S NOT, WHICH IS WHY THEY SAID WHERE CAN WE PUT SOMETHING THAT WOULD KIND OF MINIMIZE.
SO I DO WANNA POINT, IF YOU GO TO THE NEXT SLIDE, PLEASE.
THE, OKAY, SO THERE'S, THAT'S THE, THAT'S THE PLAN.
SO YOU CAN SEE THAT WHITE AREA I WAS SUPERIMPOSED ON GOOGLE EARTH, THOSE TREES ARE GONNA COVER EVERYTHING KIND OF AT THE BOTTOM.
THEN YOU'VE GOT TREES A LITTLE BIT TO THE EAST.
YOU'VE GOT THE CHURCH AND EVERYTHING TO THE SOUTH.
AND LET'S GO TO, AND LAST THING I'LL SAY IS THIS ONE NEXT SLIDE PLEASE.
IF YOU LOOK THE DISTANCES WHERE THE TOWER'S GONNA BE, IT'S ALMOST 400 FEET FROM THE RESIDENTIAL HERE.
IT'S OVER 300 FEET TO THE NEAREST RESIDENTIAL.
THIS WAY, YOU KNOW, EXCLUDING THE SUBJECT PARCEL THEY OWN IT'S 151 FEET THIS WAY.
AND THEN YOU'VE GOT ALL THOSE TREES HERE AND IT'S ABOUT 101 FEET THERE.
SO WE TRIED TO PUT IT TO WHERE, I DON'T WANNA THROW IT IN ANYBODY'S FACE, BUT THOSE TREES, IF THE TREES WEREN'T THERE, I, I WOULD SAY OKAY, I CAN SEE MIGHT
[01:00:01]
HAVE SOME IMPACT.BUT THOSE TREES BEING THERE AND THE CHURCHES ASSURED ME THEY'RE NOT DOING ANYTHING WITH THOSE TREES.
SO IT'S GONNA, IT'S AS A VIEW SHED.
AND EVEN THE EQUIPMENT AT THE BASE OF THE TOWER IS GONNA HAVE A NON SEE-THROUGH FENCE.
THEY'RE GONNA PUT A PRIVACY SLATS SO NOBODY CAN SEE IN THERE.
SO WHEN I'VE DRIVEN BY, UH, WITH COLLEAGUES AND STUFF GOING AT THE NORMAL SPEED LIMIT NORTH AND SOUTH ON FLORIST.
AND EVEN SEE THAT TOWER, YOU'RE GONNA HAVE TO TURN 90 DEGREES.
AND IF YOU'RE DOING THE SPEED LIMIT, YOU'RE GONNA SEE IT FOR TWO SECONDS IF YOU'RE LOOKING ROUGHLY 90 DEGREES OFF YOUR SHOULDER.
BUT SOME QUESTION I HAVE, I HAVE A QUESTION.
SO THE, THE, THE 151 FOOT DIMENSION THAT YOU HAVE UP THERE TO THE, TO THAT ABUTTING RM FIVE CD, DO YOU HAVE ANY IDEA WHAT THAT IS? SOMEBODY LIVING IN THAT HOUSE? I KNOCKED TWICE.
CAN YOU PLEASE FIGURE OUT, UH, WHAT THE CD COMPONENT OF THE RM FIVE IS, IS USED FOR? I'D LIKE TO KNOW IF THERE WAS ANY SORT OF A COMMERCIAL, UH, UH, COMPONENT OF THAT.
SECONDLY, UH, ON THE PARKING LOT, THIS IS A PARKING LOT, UH, SERVING THE CHURCH.
I ASSUME THAT THEY'RE GONNA BE MAKING SOME MONEY OFF THIS.
AND, UM, AND NOBODY SUGGESTED FOR YOU TO REZONE THE PARKING LOT INTO AN OH ONE OR SOMETHING JUST TO KIND OF, I, I ASKED, UM, I MEAN, IF THAT'S A SUGGESTION GOING FORWARD, I MEAN, I CAN, I YOU'RE TALKING ABOUT REZONING THE WHOLE ENTIRE PARKING LOT.
THE REASON WHY I ASK IS SO A CHURCH CAN EXIST, EXIST IN ANY ZONING DISTRICT.
AND USUALLY, UH, IF YOU HAVE A SEPARATE LOT, UH, ON, ON A CHURCH, THEY IS, AND PLEASE CORRECT ME IF I'M WRONG, BUT I WAS UNDER THE IMPRESSION THAT IF A, IF A PARKING LOT SERVING A CHURCH IS ON A SEPARATE LOT, EVEN IF IT'S CONTIGUOUS, IT CURRENTLY DOESN'T STAFF USUALLY WANT THAT TO BE A COMMERCIAL ZONING, OR AM I JUST OFF ON THAT? RIGHT.
THEY USUALLY REZONE FOR A CD TO USE IT AS A PARKING LOT, BUT THEY DON'T.
BUT CAN THEY USE THE R SIX FOR A PARKING LOT TO SERVE A CHURCH IF IT'S ON A SEPARATE LOT FROM THE CHURCH? NO.
SO NORMALLY IT WOULD'VE BEEN IN THE BEST INTEREST TO, WHILE, WHILE YOU WERE CHANGING THAT TO A C TWO, TO CHANGE THE REST OF IT TO LIKE AN OH ONE OR A CD OR SOMETHING THAT, SO I'M, I'M GONNA BE HONEST WITH YOU, THE QUESTION I HAD WHEN I DID THAT IS WHAT WOULD BE THE BEST, MOST APPEALING SITUATION TO THE CITY? AND THAT'S WHERE WE CAME AT.
IF THEY WOULD'VE SUGGESTED OH ONE, I SAID, WOULD THAT BE BETTER THAN THAT? THAT WAS NEVER SUGGESTED TO ME.
SO, NO, AND, AND AGAIN, THE WHOLE THOUGHT WAS IS THE CHURCH IS THE BOTTOM PARCEL.
OR THE CHURCH IS IT'S CURRENT ZONING, IT'S STAYING THE SAME.
AND THEN THE REST OF THE WHOLE ENTIRE CHURCH, WE'RE TRYING TO MINIMIZE THE IMPACT TO THE COMMUNITY.
I I WAS ONLY BRINGING THAT UP BECAUSE YOU'RE SURROUNDED BY COMMERCIAL ON THE OTHER SIDE OF THE STREET.
THE CHURCH IS OBVIOUSLY A LARGE BUILDING, IT'S NOT GONNA BE TURNED INTO A HOUSE, YOU KNOW, SO IT JUST SEEMED LIKE IT WOULD'VE BEEN IN EVERYONE'S BEST INTEREST FOR YOU TO MAKE IT OH ONE.
UH, BUT, UM, WITH THAT, IS THERE ANY OTHER QUESTIONS FOR THE APPLICANT? MANAM, COMMISSIONER MANNA? SO I GUESS, UM, GOING BACK TO THE MAP THAT SHOWS THE A HUNDRED, 150 FOOT, UH, SO RIGHT NOW YOU HAVE THE TOWER IN THE CENTER OF THAT PARKING LOT OR, OR MORE IN THE CENTER OF IT.
UM, AND SO IF IT WAS PUSHED TO THE STREET, SO, UH, I THINK WOULD IT BE CLOSER TO THE 200 FOOT DISTANCE THEN? UH, THAT'S, YOU KNOW, THAT I GUESS THAT IS WIDE.
SO, SO THERE'S A LOT OF, THERE'S LIKE, I WANT TO GET, THERE'S OVER A DOZEN DIFFERENT COMPONENTS THAT WE TRY TO LOOK AT.
ONE OF 'EM WAS WAY BACK IN THE DAY, THIS USED TO BE A GAS STATION, IS WHAT WE FOUND OUT.
AND AT THE FRONT OF THAT BLOT RIGHT THERE, WE, THERE'S STORAGE TANKS.
YOU JUST KNOW THE STORAGE TANKS IS WHAT HE SAID.
AND SO SKYWAY IS LIKE, WELL, WE COULD BE CLOSER TO THE SETBACKS, BUT DOES THE CITY REALLY WANT ME POKING THROUGH AND DISTURBING AND THEN WE DON'T WANNA MESS ANYBODY'S GROUND WATER AND ALL THAT.
SO I, I, I, WE MADE THE CALL SAYS, WE CAN MOVE IT BACK, BUT IT'S GOING TO NEED A VARIANCE.
AND NOBODY WANTED TO TOUCH THOSE TANKS.
SO WE TALKED TO EBI, WHICH IS A NATIONAL CONSULT CONSULTING FIRM, AND THEY SAID, IN THIS SITUATION, WE STRONGLY RECOMMEND, AND THIS WAS NOT OUR RECOMMENDATION.
WE ASKED THEM AND THEY SAID, DON'T GO THERE, SO DON'T GO RIGHT HERE WHERE THAT, SORRY, MY HAND'S SHAKING.
SCOOT IT BACK HERE TO BE OUTTA THAT LITTLE BITTY ZONE.
AND SO THAT'S, AND SO WE TOOK THEIR ENVIRONMENTAL PROFESSIONAL ADVICE AND I HAD, YOU KNOW, I WILL SAY THAT I UNDERSTAND THIS IS THE BOARD OF ADJUSTMENTS, BUT AT THE REZONING COMMISSION AND THE CITY COUNCIL, THEY BOTH PASSED UNANIMOUSLY.
AND THAT PROCESS, I WAS TRYING TO MAKE SURE THAT I DID EVERYTHING THAT WE COULD.
SO WHEN I CAME UP HERE, I COULD SAY, DID EVERYTHING WE COULD TO MAKE SURE IT MINIMIZE IMPACT TO ANY ADJACENT PROPERTIES.
MANNA, COMMISSIONER, MANNA, SO I GUESS SO COULD IT NOT BE CLOSER TO THE CHURCH THEN IF THAT'S WHERE THE TANKS ARE? AND SO, SO CLOSER TO THE FRONT OF THE STREET, UH, CLOSER TO THE CHURCH.
SO, SO, SO THE CHURCH IS DOWN HERE.
I COULD INCREASE THAT 101 FEET, BUT THEN I'M TAKING UP SOME OF THEIR PARKING SPACES AND THEN IT WOULD BE TECHNICALLY MORE VISIBLE THAN WHAT IT WOULD BE UP HERE.
IF YOU GO BACK ONE SLIDE PLEASE,
[01:05:01]
IT'S RIGHT THERE.IT'S TUCKED UP IN WHERE THOSE TREES ARE.
SO IF I PUT IT IN HERE, SEE I'M NOT, I'M JUST THOSE PARKING SPACE THERE, IF I PUT IT IN HERE, THEY CHURCH DOESN'T WANT THAT IN THE MIDDLE.
THEN ANYBODY DRIVING DOWN HERE IS GONNA SEE IT.
ANYBODY DRIVING UP IS GONNA SEE IT.
BUT AGAIN, WE WERE REALLY HAPPY AND THIS IS THE AREA YOU WANNA AVOID RIGHT HERE.
AND SO I DON'T THINK THE CHURCH IS GONNA BE DOING ANY DRILLING OR ANYTHING IN HERE, BUT WE, SO WE MOVED IT OVER THIS WAY AND COULD, WE COULD HAVE, LIKE, IF THIS WAS COMMERCIAL AND, AND IF EVERYTHING TO THE EAST WAS COMMERCIAL, I WOULD'VE RECOMMENDED TUCK IT UP ALL THE WAY OVER HERE AS FAR AS YOU CAN GET AWAY FROM THE STREET.
BUT WE HAD TO STRIKE A DELICATE BALANCE.
AND AGAIN, IF THERE WAS ANYTHING ELSE, IF THERE WAS ANY OTHER TOWERS THAT WE COULD GO ON TO PLACE ANTENNAS INSTEAD, INSTEAD OF HAVING TO BUILD THIS ONE, WE WOULD'VE DONE IT.
SO, YOU KNOW, I GUESS, YOU KNOW, I'M TRYING TO FIGURE OUT, 'CAUSE THERE'S RESIDENTS AROUND IT, AND THAT'S A WHOLE DIALOGUE IS IS, YOU KNOW, MINIMIZING THE IMPACT TO THE RESIDENTS AROUND IT.
AND SO CAN YOU, YEAH, SO AND SO, SO I SEE THAT, YOU KNOW, YOU HAVE A HUNDRED FEET ACROSS THE STREET AND YES, THERE'S TREES, BUT THEY'RE GONNA SEE THE TOP OF THE TOWER FROM THEIR, THEIR HOUSE.
AND THEN YOU HAVE THE ONE ON THE SIDE, WHICH IS 150 FEET.
UM, AND SO, SO THAT'S WHY I KEEP ASKING ABOUT, YOU KNOW, POTENTIALLY MOVING THAT.
SO AND SO, I WILL SAY, SO I'VE REACHED OUT TO, UM, ITS EXTERNAL AFFAIRS AT VERIZON.
AND THEY WENT AND LOOKED AT THEIR, LIKE CORPORATE SALES, WHICH INCLUDES POLICE AND FIRE AND STUFF LIKE THAT.
AND THE FEEDBACK THAT I DIDN'T GET TO SEE THEM DIRECTLY THAT CAME BACK TO ME IS THEY'RE LIKE, YES, THEY SUPPORT BETTER SERVICE IN THAT AREA.
SO IT'S NOT JUST FOR, IT'S NOT JUST SKYWAY, IT'S PUBLIC SERVICE INTERNET PEOPLE BEING ABLE TO USE THAT.
AND SO POLICE AND FIRE EMS WOULD BE ABLE TO HAVE, WOULD BENEFIT THIS.
SO EVERYTHING FROM 37 TO 35, AND UP HERE THEY'RE 70, 90.
WE'RE KIND OF IN A, IT'S LIKE TWO BLOCKS EAST OF 35 AND SOUTH.
IT'S THAT ONE AREA IN THERE THEY'RE TRYING TO COVER.
AND NO ONE HAS EVER DID A POLL.
I THINK WHEN THIS GOES UP, TWO ADDITIONAL CARRIERS COULD GO ON IT AND YOU WOULDN'T, AND IT'D BE, IT'D HAVE NO IMPACT WHEN THEY WENT ON.
'CAUSE THEY WOULD STAY WITH THAT SAME CON COMMISSIONER KAPLAN.
HOW MUCH MAINTENANCE IS INVOLVED? UM, SO HOW MUCH ARE YOUR PEOPLE GONNA BE COMING ON AND OFF THIS PROPERTY TO MAINTAIN THIS? WHEN THEY BUILD THE SITE? TYPICALLY A, A TECHNICIAN WOULD COME UP, WOULD DRIVE UP, AND HE, HE HAS, IT USED TO BE BACK IN THE DAY, THEY HAD TO PLUG A CORD IN.
SO THEY WOULD GO INSIDE THERE, HE'LL PULL HIS TRUCK UP, STA SIT THERE, WE'LL RUN TEST FOR ABOUT 20 MINUTES.
THIS, THERE'S NO BE, IT'S JUST ONCE A MONTH AND JUST MAKING SURE EVERYTHING'S GOOD.
SO STAFF, UM, SO WE HAVE A 200 FOOT RULE FROM A RESIDENTIAL DISTRICT.
THE, THE HOUSE IN QUESTION THAT RM FIVE, I'M, I'M LOOKING ON GOOGLE STREET VIEW AND I CAN SEE TWO CLEAR ADDRESSES, BUT THEN THREE MAILBOXES AND THREE DIFFERENT RECYCLE CARTS.
IF THIS WAS A TRIPLEX, DOES THAT CHANGE THE 200 FOOT OR DOES IT HAVE TO BE SINGLE FAMILY OR ANYTHING? FOUR.
AND, UH, TO ANSWER YOUR QUESTIONS, THE BOARD HAD EARLIER, UM, THE EASTERN PROPERTY IS A CONDITIONAL USE FOR THREE UNITS.
AND THE OTHER QUES, OH, UM, FOR THE ZONING CASE THERE WAS 17 IN FAVOR OUTSIDE OF 200 FEET.
OKAY, SO 17 AND NONE AGAINST THAT WE, SO 17 IN FAVOR.
UH, THERE WAS NOTHING AGAINST AND NO RESPONSE FROM THE NEIGHBOR ASSOCIATION ALSO.
AND, AND I HAD OTHER PEOPLE IN COMMERCIAL PROPERTIES TO THE NORTH THAT THEY SAID WE, WE WOULD LOVE IT.
AND BY THE TIME I MET WITH THEM, THEY'RE LIKE, YOU'RE RIGHT.
THIS, IT JUST WON'T FIT ON MY PROPERTY.
SO, SO FOR STAFF, UM, ON, ON THIS ONE, WAS THE NEIGHBORHOOD ASSOCIATION OPPOSED ON, ON THE BOA CASE? THEY DID NOT RESPOND TO THE BOA CASE AND THEY DID NOT RESPOND TO THE CHANGE OF ZONING CASE EITHER.
AND I SENT TWO LETTERS, SAID IF YOU HAVE ANY OPPOSITION, PLEASE CONTACT ME DIRECTLY.
AND NORMALLY, OH, I CAN'T SPEAK FOR THEM.
THEY JUST NEVER RESPONDED TO 'EM.
IS THERE ANY PUBLIC COMMENTARY ONE PERSON SIGNED UP TO SPEAK.
UH, WHY DON'T WE, WE'RE GONNA HEAR FROM THE CITIZEN SIGN UP TO SPEAK AND OKAY.
WE MIGHT HAVE MORE QUESTIONS FOR YOU.
OH, SO GO AHEAD MS. BEVERLY, WHILE SHE'S COMING UP, I'LL JUST NOTE THAT, UH, WE DID ACTUALLY OFFER SOME OTHER ZONING POSSIBILITIES.
UM, HOWEVER, IT, REGARDLESS, BECAUSE OF THE TYPE OF USE THAT THEY'RE PROPOSING, THEY WOULD STILL HAVE THE SAME RIGHT DISTANCE REQUIREMENT.
TELL US YOUR NAME AND TELL US YOUR THOUGHTS.
BEVERLY TEAL AND I AM, UH, PRESIDENT OF OUR COUNCIL AND WE CERTAINLY DO THINK THAT THIS WOULD BE A WONDERFUL ADDITION TO OUR COMMUNITY AND IT WOULD HELP RECEPTION IN OUR OWN PLACE AS WELL.
SO WE WERE ACTUALLY LOOKING FORWARD TO YOUR APPROVAL OF THIS.
ALRIGHT, THAT'S ALWAYS NICE TO HEAR.
SO A QUESTION COMM, SORRY, WHAT CAPACITY, WHO, WHO ARE YOU SPEAKING ON BEHALF OF? I'M PRESIDENT OF THE CHURCH COUNCIL.
AND I'VE BEEN A MEMBER OF THAT CHURCH FOR 86 YEARS.
[01:10:01]
ALL RIGHT.YEAH, I GUESS, UM, YOU KNOW, I, I'M STILL STRUGGLING A LITTLE BIT WITH REGARDS TO THE DISTANCES AND, YOU KNOW, UM, AND I GUESS I'D ASK, YOU KNOW, THERE'S A WHOLE ROW OF RESIDENTIAL HOMES THERE.
THE CITIES, THE CITIES ARE GONNA DENIAL.
UM, AND REASON WHY IS BECAUSE OF THE DISTANCE TO THOSE, UH, TO THE, UM, UM, RESIDENTIAL HOMES, CORRECT? RIGHT.
AND THE PRINCIPLE OF THE, OF THE THING IS THAT WE'RE TRYING TO UPHOLD WHAT'S IN THE CODE AND WE DON'T SEE THESE VERY OFTEN.
AND SO IT WOULD SET A PRECEDENT.
BUT THIS IS ITS OWN UNIQUE SITUATION, I WILL SAY THAT.
SO, YOU KNOW, I, AND SO THE, UM, YOU KNOW, TO ME THE, UNLESS I WAS TO HEAR FROM THOSE RESIDENCES THAT ARE DIRECTLY IMPACTED, YOU KNOW, SO, SO SIGNATURES ARE SAYING THEY'RE OKAY WITH IT.
I, I'M, I'M STRUGGLING WITH THIS BECAUSE, YOU KNOW, AGAIN, IT'S IT'S IN THEIR FRONT YARDS.
AND THAT'S WHERE I'M STRUGGLING A LITTLE BIT.
AND MY, MY THOUGHT ON THIS IS, IS, IS WE, WE OCCASIONALLY HEAR THESE, IT'S KIND OF BEEN A LITTLE WHILE, UM, AND, AND, BUT IN THIS ONE YOU'RE, YOU'RE SURROUNDED BY COMMERCIAL EXCEPT FOR THESE HANDFUL OF, OF RESIDENCES.
DID YOU DO ANY OUTREACH? THE DID THE, DID THE NEIGHBORING HOME THAT, THAT TRIPLEX, DID THEY SHOW UP AT ANY OF THE PREVIOUS MEETINGS AND EXPRESS THEIR THOUGHTS? SO NOT ONLY DID I SEND LETTERS, THE CITY SENT THE LETTERS TO EVERYBODY WITHIN 200 FEET AND THEY GOT NO RESPONSE.
SO I WENT OVER THERE AND IT'S KIND OF LIKE, UM, I THINK I SPOKE TO, I THINK IT WAS THIS ONE RIGHT HERE.
AND IT WAS LIKE, YOU'RE PUTTING A CELL TOWER UP.
WHO'S GONNA BE AT AND T OR VERIZON? SO VERIZON.
AND YOU'D BE LIKE, WHEN'S IT GOING UP? I DON'T HAVE ANY SERVICE.
SO I DID SEND OUT LETTERS AND I, I WILL SAY TOO, I THINK, I CAN'T SPEAK FOR THE, FOR THE, THE STAFF, BUT I THINK WHEN YOU LOOKED AT WHAT THEY WERE SAYING EASILY IS, CAN YOU GO BACK ONE SLIDE? WHEN THEY WERE LOOKING AT THE SETBACKS, THEY'RE SAYING THE VARIANCE, THEY'RE SHOWING IT'S THE SETBACKS FROM HERE TO THAT LINE RIGHT HERE AND HERE TO THIS LINE HERE.
WELL THAT'S BECAUSE THE CHURCH PARCEL, THE WAY THE ZONING THAT IT, SHE MENTIONED EARLIER.
BUT IF YOU GO BACK TO THAT PREVIOUS, THAT WHERE WE WERE AT JUST A MINUTE AGO, I MEAN, I, I'M JUST LOOKING AT THIS, IT'S ACROSS FROM COMMERCIAL.
I'M MISSING IT BY THOSE TWO NUMBERS UP THERE.
I MEAN, I WISH IT, I WISH THE PARKING LOT WAS A HUNDRED FEET WIDER AND WE WOULDN'T BE HERE TODAY AND WE'D HAVE PLANNING COMMISSION APPROVAL AND ALL THAT.
IJI JUST, THERE'S NOTHING ELSE OUT THERE FOR US TO PROVIDE SERVICES.
I WONDER IF IT'LL HELP, MR. CHAIR.
I WONDER IF IT'LL HELP IF, DO YOU HAVE A RENDERING OF WHAT IT'S SINGLE POLE.
IS IT A SINGLE POLE TOWER? IT'S, IT'S JUST, IT'S, AND THERE'S THREE TYPES OF TOWERS.
THERE'S A GUIDE TOWER WITH GUIDE WIRES, THAT'S NOT IT.
AND SO USUALLY UNDER LIKE 200 FEET, THEY CAN DO A SELF-SUPPORT, WHICH IS LIKE THREE OR FOUR LEGS WITH THE LATTICE.
COULD WE SEED STAFF? DO YOU HAVE DRAWINGS OF THAT POLE? I THINK IT'LL HELP SOME OF THE COMMITTEE MEMBERS HERE.
LIKE HOW, HOW TALL IS THIS THING? SO TYPICALLY, UM, A CELL TOWER, WHEN YOU SAY PEOPLE THINK 250 FEET, THIS IS IN THE CITY, THE MINIMUM USUALLY DO IS LIKE RIGHT AROUND A HUNDRED, 1,020.
SO IT CAN ALLOW FOR THREE CARRIERS.
IF WE PUT IT UP AT SAY A HUNDRED, VERIZON WILL GO AT A HUNDRED AND NO ONE'S GONNA GO AT 90 AND 80.
THEY WANNA SEE ABOUT THAT A HUNDRED THRESHOLD.
SO THE NUMBER WAS MINIMAL EFFECTIVE DESIGN HERE.
SO WE WANT MAXIMUM EFFECTIVE DESIGN, BUT MINIMAL IMPACT.
SO IF WE CAN KEEP IT AT THAT ONE 30 GO 1 30, 1 20, 1 10 AND IT LOOKS GOOD.
AND I THINK OUR DRAWINGS THAT WE PROVIDED TOO, EVEN SAID FUTURE CARRIER.
SO THAT TOWER IS DESIGNED FOR FUTURE.
SHOULD YOU APPROVE THIS? THE LAST TIME I HEARD A A, A TOWER UH, VARIANCE, UH, WE HEAR TESTIMONY AS FAR AS, YOU KNOW, 'CAUSE 'CAUSE OF THE LOGISTICS.
YOU THERE, THERE'S A REGION THAT YOU CAN PUT THIS IN OR THE EFFECT IS, IS NIL.
AND SO WHERE IS THE NEAREST TOWER? WHERE, WHERE WAS YOUR SPECTRUM OF, OF REVIEW TO WHERE YOU WERE DECIDING? BECAUSE I, I KNOW THAT, THAT YOU'RE SURROUNDED WITH COMMERCIAL UP AND DOWN, UH, THE MAIN STREET THERE, BUT IS IS, IS THE HOLD THAT RIGHT THERE, THE ZONE THAT YOU COULD PUT THIS IN AND HAVE IT SERVE ITS PURPOSE.
ARE YOU SURROUNDED BY MORE RESIDENTIAL OR IS THIS THE, THE LEASE CEMENT? SO THEY, SO THEY, THEY WANT TO BE HERE.
THE PROBLEM IS THERE'S A TOWER.
IF YOU, IF THIS MAP EXTENDED, IT WOULD BE UP OVER HERE AND THEN IT WOULD BE TAKE THIS DISTANCE HERE AND THEN GO DOWN THAT SAME DISTANCE OVER HERE.
AND SO WHAT IT IS, THE REASON THEY CALL 'EM CELL TOWER CELL PHONES IS 'CAUSE IT COVERS AN AREA AND IT WANTS TO OVERLAP.
THERE'S TOO MANY CALLS DROPPING IN THIS AREA.
SO AGAIN, IT'S, IT'S AN EXPENSIVE PROPOSITION TO PUT A TOWER UP.
SO AND SO THEY NEED SOMETHING TO COVER THAT HOLE.
[01:15:01]
LOOKING AT.SO FOR THIS TO BE FUNCTIONAL, YOU HAVE TO BE WITHIN A THOUSAND FEET OF WHERE YOU'RE PROPOSING IT.
PROBABLY LESS THAN THAT BECAUSE IF I PUT TWO CELL TOWERS TOO CLOSE TOGETHER, THEN YOU GET OH, SORRY.
SO IT NEEDS TO BE, IF, IF YOU HAVE MY HANDS, THESE ARE CELL, TWO CELL TOWERS, YOU WANNA BE LIKE RIGHT IN HERE.
YEAH, BECAUSE I MEAN THAT'S BECAUSE THEY HAND OFF EQUAL DISTANCES BECAUSE THAT'S WHAT'S IMPORTANT TO LIKE, FOR, FOR ME, I WANT TO KNOW, YOU KNOW, WHAT ARE YOUR OPTIONS AND IF THIS IS THE PATH OF LEAST RESISTANCE, I'D LIKE TO KNOW THAT IN INSIDE THAT RING.
AND SO I'M AUTOMATICALLY, I'M DEAD BECAUSE ALL THIS IS RESIDENTIAL HERE.
ALL OF THIS IS COMMERCIAL AND THEN THIS OVER HERE IS RESIDENTIAL.
SO I CAN'T REALLY DO ANYTHING HERE.
UM, YOU KNOW, SOMEONE KNEW SOMEONE AND HE, AND THAT WAS ONE.
AND THERE WAS A SECOND CASE WHERE A GUY OWNED A PROPERTY IN THE RING, OUTTA THE RING.
HE GOES, I DON'T HAVE THIS BUT I LIKE THIS AND LIKE, LET'S MAP IT.
SO I WAS IN THE AIR, WENT OVER THERE AND LOOKED AND IT'S LIKE THREE BLOCKS OVER.
I'M LIKE I CAN'T USE IT 'CAUSE I'M STARING AT THAT ONE RIGHT THERE.
AND ACTUALLY DROVE HIM WHERE IT SAID THAT'S ANOTHER TOWER.
SO, UM, I'M A LITTLE LIKE ALSO THE R SIX, UM, ZONING, UH, ISSUE.
LET'S SAY THIS CHURCH DECIDED IT NEEDED MORE MONEY ONE DAY.
UH, AND YOU, WE ALLOW THIS, UH, CELL TOWER TO GO UP.
IS THAT GOING TO AFFECT THIS? LIKE, WOULD THEY BE ABLE TO BUILD ANYTHING ON THIS PROPERTY LIKE A RESIDENTIAL USE WITH A CELL TOWER LIKE IN THE MIDDLE OF IT IF THIS PASSES? WELL, THE PROPERTY IS CERTAINLY LARGE ENOUGH TO BE DEVELOPED AS SINGLE FAMILY RESIDENTIAL, BUT THEY WOULD HAVE TO MEET THE MINIMUM REQUIREMENTS FOR SETBACKS AND ALL OF THAT FOR, FOR THAT AS WELL.
NOW THE LIKELIHOOD OF THAT, SOMEBODY DOING THAT ALONG THAT THOROUGHFARE IS PROBABLY UNLIKELY, BUT IT COULD BE DEVELOPED FOR RESIDENTIAL IN THE FUTURE.
UH, YEAH, BUT REMEMBER WE JUST HEARD THE OTHER CHURCH LAST, LAST TIME THAT WAS BUILDING SOMETHING 'CAUSE THEY NEEDED MONEY.
SO, YOU KNOW, CHURCHES NEED MONEY AND UH, UH, I GUESS WHAT I'M CONCERNED IS THAT IF WE SAY YES, I CAN UNDERSTAND THE USAGE IS, IS A NECESSARY USAGE.
BUT IS THERE, WHAT'S THE DOWNSIDE IN TERMS OF IF THE CHURCH THEN DECIDED, LET'S SAY, TO BUILD SOME RESIDENTIAL ALONG? WHAT'S THIS STREET OVER HERE? NOT SOUTH FLORIST.
THE SOUTH FLORIST? BRI? NO, NOT NO, THE THE STREET BRI.
LET'S SAY THEY DECIDED TO BUILD SOMETHING ON BRISTOL.
UM, AND THEN YOU HAVE THIS, UM, CELL TOWER IN THE CENTER, UH, WHICH HAS VARIANCE SO THAT IT DOESN'T NEED TO BE MORE THAN TWO FEET AWAY.
UM, THAT, THAT'S WHAT I'M CONCERNED ABOUT.
IS THAT WHAT ABOUT THE FUTURE? I MEAN, IS THIS GONNA AFFECT, UM, ANYTHING? SO ANNA, COMMISSIONER MANNA.
UM, SO IS THERE A DISTANCE, UH, MINIMUM DISTANCE REQUIREMENT, UH, FOR A TOWER FROM A ROADWAY? NO, IT'S JUST TO, THE ONLY, UM, ISSUE THAT IS IN THE UDC IS FROM RESIDENTIAL ZONE PROPERTIES, NOT THE ROADWAY.
SO IT COULD LITERALLY BE ON THE ROADWAY ITSELF.
UM, GRANTED IF THERE'S NO RESIDENTIAL ACROSS THE STREET OR NOTHING LIKE THAT.
DEAN, COMMISSIONER, DEAN, HOW, HOW DEEP OF A FOUNDATION WE TALKING ABOUT.
UM, THEY, THEY JUST GOT THE ENGINEERING DRAWINGS IN.
I WOULD'VE, I WOULD'VE GIVEN THOSE.
THEY CAME IN LATE FRIDAY, BUT I WAS TRAVELING.
BUT SHE SAID THERE'S, IT'S, IT'S A NORMAL DEPTH.
SO USUALLY IT'S LIKE 25 FEET OR SOMETHING LIKE THAT.
THEY DO A GEOTECH ON THE PROPERTY.
REMEMBER WHEN THEY CAME OUT THERE AND DID THE SOIL TEST LIKE ABOUT SIX WEEKS AGO AND THEY DESIGNED THE FOUNDATION FOR THE SOIL.
A GRANITE FOUNDATION WOULD NEED A FOUNDATION.
IS THAT, AND THEN THE, WITH REGARD TO THE TANKS, HOW DO YOU, YOU KNOW, THE EXACT PLACEMENT OF 'EM WITH GEO THEY, THEM OR EBI, THEY PAID EBI TO COME OUT AND SAY, THIS IS WHAT IT SAYS ON THESE NATIONAL DATA.
LIKE SURPLUS AND SUPERFUND SITES AND ALL THIS, THOSE TANKS WEREN'T ON THERE OR WE WOULDN'T BE ON THEIR PROPERTY RIGHT NOW, BUT WE, THEY SAID THIS IS WHERE IT'S AT.
AND SO WE GAVE US A SAFE DISTANCE OF LIKE, I DON'T KNOW, REMEMBER IF IT WAS 20 FEET OR 30 FEET AWAY TO THE EAST AWAY FROM THE ROAD.
SO, AND I WOULD THINK JUST IN MY EXPERIENCE THAT, YOU KNOW, GOING CLOSER TO THE ROAD, AGAIN, WE COULDN'T DO IT FOR THAT, BUT IT'D BE SOMETHING THAT THE CITY, THE BOARD REALLY WOULDN'T WANNA SEE PEOPLE THROWING STUFF RIGHT THERE ON THE SIDEWALK RIGHT THERE NEXT TO ME.
BUT IF YOU SAID, YEAH, HEY, WE'LL APPROVE IT THERE.
I MEAN, SO WHEN I, WHEN I LOOK AT THIS, UH, I'M LISTENING TO SOME OF THE CONCERNS AND I'M, I'M THINKING YEAH, IF YOU PUT IT THERE WHERE YOU'RE PROPOSING IT MM-HMM
UH, AND, AND ALSO THE CHURCH DOES NEED, THEY HAVE PARKING REQUIREMENTS FOR
[01:20:01]
A CHURCH WHICH THEY COULDN'T REDUCE.SO THAT, I THINK THERE'S TWO THINGS KEEPING THIS AND THE FACT THAT ANY SORT OF, UH, UM, REVENUE THEY WOULD MAKE FROM THIS WOULD HELP KEEP THE CHURCH AROUND LONGER.
I MEAN, THAT'S SOMETHING ELSE.
PARKING NOT A SINGLE FAMILY, NOT, NOT LIKE THERE.
I DO WANNA SHARE WITH, WITH ONE THING WITH THE BOARD, FAR AS HOUSES BEING BUILT WITH CELL TOWERS, LIKE I CAN TELL YOU, I CAN GIVE EXAMPLES IN UP IN DIFFERENT CITY IN DALLAS OR HOUSTON OR DIFFERENT AREAS WHERE THERE'S A TOWER THERE AND THE FARM SOLD AND THE BACKYARD IS UP AGAINST THAT TOWER AND THEY PUT IT RIGHT NEXT TO IT.
SAFETY REASON WHY YOU COULDN'T PUT IT RIGHT NEXT TO IT.
SO, UH, COMMISSIONER ZUNA, DID YOU, DID YOU WANT TO? NO.
IS THERE ANYONE ELSE LIKE TO ASK A QUESTION OR CRUZ COMMISSIONER CRUZ? YEAH, UM, EXACTLY HOW BIG IS THE LOT? I KNOW THE AREA, BUT I'M NOT SURE HOW, WHAT'S THE SQUARE FOOTAGE ON IT? DO YOU KNOW? I WOULD REFER TO THE STAFF ON THAT.
I DON'T KNOW IF YOU HAVE CAT UP THERE, MAYBE OR PROPERTY IS 1.0604 ACRES AND THE ONE TO THE SOUTH, IS IT PRETTY LIKE, PRETTY MUCH SIMILAR, ROUGHLY AN ACRE OR SO ALTOGETHER TWO ACRES TOGETHER, I THINK IT'S CLOSER PROPERTY TO THE SOUTH, ACCORDING TO BCAT IS 0.92 ACRES.
AND SKYWAY WANTS TO DO WHATEVER WE CAN TO MAKE THE BOARD FEEL COMFORTABLE WITH THIS.
I MEAN, IT'S NOT SOMETHING THAT WE TAKE LIGHTLY COMING TO GET A VARIANCE.
IT'S NOT LIKE, OH, THIS IS RUN OUTTA THE CONVENIENCE STORE.
WE DON'T TREAT IT THAT WAY AT ALL.
WE LOOKED AT EVERY LAST AVAILABLE OPTION, AND THIS WAS OUR LAST OPTION.
I, I'LL PUT IT TO YOU THIS WAY, IF THIS ISN'T GRANTED, THEY'RE, THEY'RE NOT GONNA BUILD THE TOWER IN THAT AREA AND THEY'RE JUST GONNA LEAVE IT A HOLE AND VERIZON'S GONNA GO, WE DON'T HAVE SERVICE CHAIR.
MAY I MAKE A COMMENT? YES, YOU MAY.
DISTRICT THREE, UM, HAS A LOT OF PROBLEMS WITH CONNECTION REGARDLESS OF THE SERVER.
UH, IT IS ALSO AN AREA THAT HAS HAD PROBLEMS WITH INTERNET, UH, CONNECTION, NOT JUST TELEPHONE.
UM, I SUPPORT THIS, YOUR IDEA AND I REALLY THANK YOU FOR DOING YOUR DUE DILIGENCE IN TRYING TO, TO BE MINDFUL ABOUT THE RESIDENTS.
UM, KNOWING THAT MY NEIGHBORHOODS, ALL THE NEIGHBORHOODS IN THE SOUTH SIDE NEED THIS KIND OF, THESE TOWERS 'CAUSE WE'RE LACKING.
UM, I THINK THAT I WOULD LIKE TO SUPPORT, I WANNA SUPPORT YOUR PROJECT.
I'M ALSO TROUBLED BY A LOT OF THE SAME ZONING ISSUES AS, UH, MY COLLEAGUES HERE, BUT WHAT WEIGHS MOST HEAVILY ON MY MIND IS THE FACT THAT YOU VERY RECENTLY SUCCEEDED IN GETTING IT REZONED FOR EXACTLY THE PURPOSE OF HAVING A TOWER THERE.
AND THAT TO ME SEEMS TO BE A POLICY DECISION, UH, THAT APPROPRIATELY IS MADE BY THE ELECTED CITY COUNCIL THAT, UH, EFFECTIVELY PREEMPTS US, UH, ON THIS ISSUE.
AND SO, DESPITE MY MISGIVINGS ON IT, UH, I'M GOING TO SUPPORT YOUR APPLICATION FOR THAT REASON.
ANY OTHER COMMISSIONERS LIKE TO ADD? ALL RIGHT.
WE'RE GONNA EVERY TIME LOOK FOR A MOTION.
COMMISSIONER BENAVIDEZ REGARDING CASE NUMBER BO A 2 4 1 0 3 0 0 2 86.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANTS A REQUEST FOR A ONE HUNDRED AND NINETY SEVEN SIX VARIANCE FROM THE MINIMUM 200 FOOT DISTANCE TO ALLOW A TWO FOOT SIX INCH DISTANCE FROM A WIRELESS COMMUNICATION SYSTEM TOWER TO A RESIDENTIAL ZONE DISTRICT SITUATED AT 55 0 6 SOUTH FLO STREET, APPLICANT BEING SKYWAY TOWERS, LLC.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN, IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
[01:25:01]
THE PROPOSED COMMUNICATION TOWER WILL HAVE SIGNIFICANT SPACE FROM ESTABLISHED RESIDENTIAL USES, WHICH WOULD NOT BE CONTRARY TO THE PUBLIC INTEREST TO DUE TO SPECIAL CONDITIONS.A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD NOT RESULT IN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS A PROPERTY OUTSIDE THE COMMERCIALLY ZONED PORTION IS NOT FOR RESIDENTIAL USE.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND THE 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 DISTANCE REQUIREMENT WOULD NOT INJURE NEIGHBORING PROPERTIES.
THERE IS SUFFICIENT SPACE WITHIN THE SUBJECT PROPERTY PRIOR TO ANY DEVELOPED RESIDENTIAL AREA.
FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN, THAN THOSE, THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE REDUCED DISTANCE WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS IT IS LOCATED ON A SECONDARY ART ARTERIAL TYPE B ROAD.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTED ON THE EXISTING, ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE DISTANCE VARIANCE IS SOUGHT DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AS THE LOT WAS RECENTLY, PARTIALLY, PARTIALLY REZONED TO COMMERCIAL AND A MOTION.
I'M GONNA SUPPORT, UM, THIS, I'M, I'M GONNA BE IN SUPPORT OF THIS.
UM, I, I AGREE WITH MY COLLEAGUE.
THIS HAS ALREADY BEEN PASSED BY, UH, ZONING.
IT'S BEEN APPROVED BY, UM, CITY COUNCIL.
SO, UM, THE RESIDENTS HAVE COME OUT AND SPOKE, UM, HOW THIS IS MUCH NEEDED IN, UH, IN THIS DISTRICT.
SO I'M GONNA BE IN FAVOR AS WELL IN THIS CASE.
UH, THE COMMUNITY, THE, THE, UM, THE BENEFIT TO THE COMMUNITY I, I THINK OUTWEIGHS THE MINIMAL IMPACT.
I THINK THE APPLICANT DID A, UH, A, A GOOD JOB OF LOCATING AS BEST HE COULD.
UM, USING THE TREES AS A SCREENING, UH, I THINK THERE WAS AN OPPORTUNITY FOR THOSE THAT WERE MOST AFFECTED TO REACH OUT TO VOICE THEIR OPPOSITION WITHIN THAT 200, UH, FOOT RADIUS.
AND, UM, THEY HAD THE OPPORTUNITY TO SPEAK AND, AND WHICH THEY DID NOT.
THEY HAD MULTIPLE OPPORTUNITIES EITHER AT THE ZONING COMMISSION AND, AND HERE AT THE BOARD OF ADJUSTMENTS WE SAW THE, UM, THE NUMBER OF PEOPLE THAT TURNED OUT IN FAVOR OF THE PROJECT, UH, FOR THE ZONING THAT THAT TESTIMONY WAS PRESENTED TO US TODAY.
AND FOR ALL THOSE REASONS, I SUPPORT THE VARIANCE.
ANY OTHER COMMISSIONERS LIKE TO ADD MANNA? COMMISSIONER MANNA? YEAH.
I'M TROUBLED ON THIS A LITTLE BIT.
AND SO, SO AS A NOTE, THERE WAS 17 PEOPLE OUTSIDE AT 200 FEET, SO IT WASN'T THE NEIGHBORS WHO PROVIDED INPUT, UH, PER INPUT.
UM, SO, AND I DON'T DISAGREE THAT THEY DON'T NEED SERVICE OUT HERE, BUT I DON'T KNOW THAT EVERYTHING'S BEEN EXHAUSTED.
AND LOOKING ACROSS THE STREET, THERE'S BUSINESSES ON THESE, ON THOSE BUSINESSES ACROSS THE STREET, YOU KNOW, THEY HAVE PARKING LOTS THAT TO ME, YOU KNOW, ARE POTENTIALLY LEVERAGED AS WELL.
AND, AND SO, YOU KNOW, SO I AM STRUGGLING A BIT ON THIS, BUT, UM, ANYWAYS.
ANYONE ELSE? UH, I'M GONNA GO AHEAD AND CHIME IN AND SAY I'LL BE IN SUPPORTIVE.
UM, YOU KNOW, WHEN YOU GO THROUGH A, A ZONING CASE AND THEN A PLAN AMENDMENT, UH, AND THEN NOW A BOA, THERE'S BEEN THREE OPPORTUNITIES.
THREE MAIL OUTS, AND WITH NOBODY IN OPPOSITION.
I, I JUST, UM, I JUST THINK THAT, I DON'T THINK ANYONE'S IN OPPOSITION, SO I'LL BE IN SUPPORT.
'CAUSE I DON'T KNOW WHERE ELSE THEY'RE GONNA GO TO BE HONEST WITH YOU.
UH, WITH THAT, HAVE A ROLL CALL.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER KAPLAN? I CONCUR.
I DO NOT CONCUR WITH THE FINDINGS OF FACT.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
UH, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF.
ALL RIGHT, LAST CASE ITEM NUMBER FIVE
[01:30:12]
I'S NOT ONE UP HERE? NO.UH, WE BRIEF, I'LL BE PRESENTING, UH, ITEM NUMBER FIVE, WHICH IS GONNA BE BO A 2 4 1 0 3 0 0 0 0 1 ADDRESS WILL BE 6 1 1 TOWN STREET, UH, 6 1 1 9 TOWN WOOD STREET.
UH, COUNCIL DISTRICT WILL BE 10.
APPLICANT WILL BE ANDREW HUNT.
UH, REQUEST FOR A 10 FOOT VARIANCE FROM THE MINIMUM 20 REAR SETBACK, 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW FOR A STRUCTURE TO BE 10 FOOT FROM THE REAR SETBACK.
ADDITIONALLY, A THREE FOOT SPECIAL EXEMPTION FROM THE MAXIMUM FIVE FOOT FENCE HEIGHT TO ALLOW A EIGHT FOOT, EIGHT FOOT PREDOMINANTLY OPEN FENCE IN THE FRONT YARD.
THE SUBJECT PROPERTY IS LOCATED ON THE CORNER OF TOWN BRIAR STREET AND TOWN WOOD STREET.
THE PROPERTY OWNER WOULD LIKE TO EXTEND THE SQUARE FOOTAGE OF THEIR RESIDENTIAL BUILDING.
UH, DUE TO THE LOCATION OF THE EXISTING STRUCTURE AND THE ELEVATION OF THE PROPERTY, THE EXTENSION IS LIMITED TO THE REAR OF THE PROPERTY, CREATING A NEED FOR THE VARIANCE.
AN ISSU, THE ISSUANCE OF A BUILDING PERMIT IS PENDING THE OUTCOME OF THE BOARD OF ADJUSTMENT.
THE APPLICANT IS ADDITIONALLY REQUESTING A SPECIAL EXEMPTION FOR AN EIGHT FOOT, PREDOMINANTLY OPEN FENCE LOCATED AT THE FRONT OF THE PROPERTY.
UH, THIS WILL BE THE SITE PLAN FOR THE PROPERTY.
THIS WILL BE THE VIEW FROM REPRESENTING THE CORNER LOT IN THE FRONT FACE OF THE PROPERTY.
THIS IS A SIDE VIEW FROM TOWN BRIAR STREET.
UH, THIS IS THE SUBJECT PROPERTY REAR VIEWS OF THE PROPERTY.
YOU CAN SEE WHERE THE FOUNDATION HAS ALREADY BEEN LAID.
THIS IS ANOTHER VIEW FROM THE REAR OF THE PROPERTY.
THIS IS THE REAR, UM, FENCE LINE REPRESENTING THE REAR FENCE AND THE NEIGHBORING LOT.
UH, THIS, THESE PHOTOS REPRESENT THE NARROWNESS OF THE SIDE, UM, THE OPPOSITE SIDE OF THE OF TOWN BRIAR.
UM, YOU CAN SEE THE ELEVATION OF THE PROPERTY AND THE SMALL DISTANCE BETWEEN.
UM, AND THEN THIS REPRESENTS THE VIEW OF THE FRONT PROPERTY.
UH, THE OAK PREDOMINANTLY OPEN FOOT, UH, FINS.
AND THESE ARE PHOTOS OF THE SURROUNDING AREA.
STAFF RECOMMENDS APPROVAL OF BO OA 2 2 4 1 0 3 0 0 0 1 BASED ON THE FOLLOWING FINDINGS OF FACT, THE REDUCED SETBACK WILL, THE REDUCED SI REAR SETBACK WILL INJURE, NOT INJURE NEIGHBORING PROPERTIES.
AND THE EXTENSION OF THE REAR PROPERTY, UH, WILL BE ABIDING.
ALL THE OTHER SETBACK REQUIREMENTS.
STAFF REP RECOMMENDS APPROVAL BO A TWO FOUR, UH, 1 0 3 0 0 0 1 BASED ON THE FOLLOWING FINDINGS OF FACT.
AS FAR AS THE FIGHT, THE HEIGHT, FENCE, HEIGHT, SPECIAL EXEMPTION, THE FENCE DOES NOT INTERFERE WITH THE PUBLIC WELFARE, WELFARE OR CONVENIENCE.
AS THERE ARE FENCES SIMILAR IN DESIGN IN THE IMMEDIATE SURROUNDING AREA, THE FENCE DOES NOT IMPEDE CLEAR VISION REQUIREMENTS.
ONE IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM THE THUNDERBIRD HILLS NEIGHBORHOOD ASSOCIATION.
THIS WOULD BE THE ONE IN FAVOR.
THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT.
I'LL JUST MAKE ONE, UH, I'LL MAKE ONE CLARIFICATION.
SHE NOTED DISTRICT 10, I THINK SHE WAS SEEING THE 10 FOOT VARIANCE.
AND IS, IS, WHAT IS THE PERMIT STATUS OF THE EXISTING FOUNDATION? I BELIEVE IT'S ON HOLD UNTIL, UH, UNTIL THE RESULT OF THIS PARTICULAR.
LET'S HAVE THE APPLICANT COME FORWARD.
PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE.
THE, THE OWNERS WERE NOT ABLE TO MAKE IT TODAY.
UM, SO THEY ASKED ME TO BE THEIR AUTHORIZED REPRESENTATIVE.
UM, I'M A RADIATION ONCOLOGY RESIDENT HERE IN SAN ANTONIO.
I ALSO DO GENERAL CONTRACTING, SO I'M NOT THE CONTRACTOR ON THE PROJECT, BUT THEY DID ASK, UH, FOR SOME HELP IN GETTING THIS APPROVED.
UM, AGAIN, THIS IS, IN MY OPINION, FAIRLY STRAIGHTFORWARD REQUEST.
UM, THEY ARE REQUESTING THIS BECAUSE THIS IS, THIS IS AN ADDITION FOR SOME ELDERLY PARENTS,
[01:35:01]
UM, FOR SOME FAMILY THAT THEY'VE BEEN TRYING TO PUT ON FOR QUITE SOME TIME.UM, GIVEN THE SIZE OF THE PROPERTY, THERE IS NOT ENOUGH SPACE FOR THE SIZE OF THE ADDITION THAT THEY WANT.
SO THAT'S WHY THEY'RE REQUESTING THE SETBACK.
UM, WE'VE ALREADY SPOKEN TO THE NEIGHBORS.
THERE'S NO SENSE OF, UM, OPPOSITION FROM THEM IN TERMS OF THE PROPERTY LINES.
WE TOOK A LOOK AT SOME OF THE OTHER CASES REQUESTING VARIANCES THAT HAD BEEN GIVEN, YOU KNOW, ACROSS THE CITY.
UM, YOU KNOW, SOME AS FEW AS A FIVE FOOT, UM, SETBACK.
AND WE WERE JUST REQUESTING 10 FEET.
UM, IN TERMS OF THE FENCE, THAT'S SOMETHING THAT CAME UP.
UM, NOT ACTUALLY INITIALLY, BUT THAT WAS, UH, DISCOVERED WHEN WE WERE TAKING A LOOK AT THE, AT THE CASE.
I THINK THE, UH, OWNER HAD CONSTRUCTED THIS A WHILE BACK, NOT REALIZING THAT HE DIDN'T MEET THE, UH, REQUIREMENTS.
NOW THE REASON THAT THAT'S A BIT HIGH IS THAT THERE'S, IT'S HARD TO SEE IN THE PHOTOS.
THERE'S ABOUT A THREE FOOT DIP THAT GOES DOWN INTO THE LAND.
SO IF YOU ARE MEASURING IT FROM STREET LEVEL, IT'S CLOSER TO MAYBE ABOUT FIVE FEET, UM, FROM THE TOP OF THE FENCE TO THE TOP OF THE STREET.
SO HE WAS REQUESTING THAT, THAT BE HIGHER JUST AS A, UM, KIND OF A SECURITY ISSUE.
HE DIDN'T THINK THAT THE REGULAR FIVE FEET WAS GONNA BE HIGH ENOUGH.
SO SOME CLARIFICATION ON THIS.
SO ON THE, ON THE, UM, ON THE PLAN THAT STAFF HAS IN THE, IN THEIR STAFF REPORT, IT'S CLASSIFYING, UH, THE WOOD PORTION OF THE FENCE AS A, AS A COURTYARD.
SO THAT'S NOT PART OF WHAT WE'RE LOOKING AT.
WE'RE SOLELY LOOKING AT THE PREDOMINANTLY OPEN, UM, I GUESS ACCESS GATE GOING INTO THE DRIVEWAY.
UM, CAN YOU, CAN YOU SPEAK ON THE, THERE'S A PREDOMINANTLY OPEN FENCE ALONG THE STREET ON THE LEFT SIDE OF THE HOME.
HOW TALL IS THAT FENCE? IS THAT FIVE FOOT? WHICH ONE ARE YOU TALKING ABOUT? THAT WOULD BE ON THE TOWN, BRIAR STREET DOWN THE SIDE.
DO WE MEASURE IT? I CAN'T REMEMBER.
THAT'D BE ABOUT SIX FEET ON THE SIDE.
IS THAT, IS THAT A, THAT'S OF NO ISSUE 'CAUSE IT'S CONSIDERED A SIDE FENCE.
IS THAT, UM, FOR THE SIDE AND REAR FENCE, THEY'RE ACTUALLY PERMITTED UP TO AN EIGHT FOOT FENCE BECAUSE OF THE ELEVATION CHANGE.
SO THAT'S WHY THEY'RE PERMITTED UP TO AN EIGHT FOOT FENCE.
I SAW THE EIGHT FOOT IN THE REAR.
I KNOW THE PROPERTY BEHIND THEM HAS A POOL, SO I THOUGHT THAT WAS THE REASON, BUT NOT THAT TOO.
SO REALLY THE ONLY THING BEFORE US IS THE, THE, UH, PREDOMINANTLY OPEN GATE AND THEN TO THE LEFT OF THE DRIVEWAY.
TO THE CORNER AND THEN THE, THE ENCROACHMENT ON THE, UH, THE ENCROACHMENT, BUT THE SETBACK ISSUE.
SO TECHNICALLY IT'S JUST THE FRONT, UH, BECAUSE ONCE THAT COURTYARD STARTS, THAT INDICATES THE FRONT FACADE BECAUSE THAT COURTYARD IS CONNECTED TO THEIR HOME.
SO IT'S LITERALLY JUST THE FRONT FACING PLUS MAYBE LIKE TWO FEET OF THAT SIDE FENCE.
ALRIGHT, ANY OTHER, ANY QUESTIONS FROM THE COMMISSION COMMISSIONER? OKAY.
UH, SO I'M LOOKING AT A PICTURE OF THE FRONT THAT'S NOT PREDOMINANTLY OPEN THAT IS CLOSED.
THAT, THAT, UH, RIGHT HERE, THAT'S, SO IT'S JUST A FENCE, NOT THE WALL.
THE WALL IS CONSIDERED BECAUSE IT'S ATTACHED AT A HOME, IT'S CONSIDERED A COY YARD.
SO THAT'S NOT PART OF THIS REQUEST, JUST THE ACTUAL FENCE.
YEAH, WE'RE ONLY LOOKING AT
ANY OTHER QUESTIONS? ALRIGHT, UM, ANYBODY SEND TO SPEAK ANY VOICEMAILS? ONE VOICEMAIL.
ALL RIGHT, WELL LET'S HEAR THE VOICEMAIL.
I'M LOCATED AT 25 22 TOM BRIAR STREET, SAN ANTONIO, TEXAS 7 8 2 3 8.
THE CASE NUMBER IS B ZERO A DASH 24 DASH 1 3 0 0 0 0 1.
I'M CODING ON BEHALF BEHALF OF, UH, REGARDING THE CASE NUMBER FOR MY NEIGHBOR REGARDING HIS FENCE.
UM, TO ME THE FENCE LOOKS BEAUTIFUL.
THEY DID A GREAT JOB AND IT LOOKS GREAT FOR THE NEIGHBORHOOD.
UH, JUST CANNOT BELIEVE THAT THE DEPARTMENT OF ZONING IS GOING AFTER OUR NEIGHBORHOOD.
YOU KNOW, FOR FENCES THAT ARE WELL MAINTAINED, BRAND NEW AND GREAT LOOKING.
UM, I JUST CANNOT BELIEVE THAT YOU'RE GOING TO NICE NEIGHBORHOODS, YOU KNOW, GIVING OUT TIMES TO NEIGHBORS, UH, OR FENCES THAT ARE PERFECTLY FINE TO ME.
UM, I THINK THE CITY SHOULD BE GOING AFTER, YOU KNOW, UH, 80% OR 50 OR 60% OF THE FENCES IN SAN ANTONIO THAT ARE FALLING APART AND THEY NEED TO BE REPLACED.
UM, UH, THE FENCE FOR MY NEIGHBOR IS PERFECTLY FINE FOR THE NEIGHBORHOOD.
OKAY, I SAW THE PUBLIC COMMENT.
I DIDN'T REALIZE IF THERE'S NO OTHER QUESTIONS.
[01:40:01]
SO THAT WAS NEWS TO ME.WHAT WE'RE GONNA DO IS WE'LL LOOK FOR A MOTION AND WE'LL SEE HOW THIS TURNS OUT.
I WOULD LIKE TO MAKE A MOTION ON THIS.
COMMISSIONER KAPLAN, HERE WE GO.
REGARDING CASE NUMBER BO OA DASH 24 DASH 1 3 0 0 0 0 1, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A 10 FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW A 10 FOOT REAR SETBACK SITUATED AT 6 1 1 9 TOWN WOOD STREET, APPLICANT BEING ANDREW HUNT.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED 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 DUE TO THE AREA IN WHICH THE LOT IS LOCATED, AS WELL AS THE DISTANCE FROM THE NEIGHBORING LOT TO THE REAR.
A 10 FOOT REAR SETBACK WILL NOT AFFECT THE GENERAL HEALTH, SAFETY, AND WELFARE OF THE NEIGHBOR OR SURROUNDING PROPERTIES.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD PREVENT THE APPLICANT FROM COMPLETING THE EXTENSION IF THEIR RESIDENTIAL BUILDING OF, IF I THINK THAT'S A MISTAKE THERE.
IF THEIR RESIDENTIAL BUILDING ON THE PROPERTY, THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
THE GRANTING OF THIS VARIANCE WILL OBSERVE THE SPIRIT OF THE OR EXTENSION WILL BE ABIDING ALL OTHER SETBACK REQUIREMENTS.
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.
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 REAR SETBACK VARIANCE WILL, UH, VARIANCE DISTANCE WILL ALLOW THE RESIDENTIAL BUILDING TO BE 10 FEET FROM THE REAR SETBACK.
THIS WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES.
I WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY, OF WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS THE SIZE AND ORIENTATION OF THE LOT.
THIS CIRCUMSTANCES NOT APPEAR TO BE MERELY FINANCIAL AND OF MOTION.
SECOND BY COMMISSIONER BENAVIDEZ.
COMMISSIONER KAPLAN? UH, I GUESS I'LL BE FOR IT.
THIS IS ONE OF THESE, YOU KNOW, WE'VE 10 FEET IS NOT A TERRIBLE SETBACK.
WE'VE, WE'VE GIVEN VARIANCES THAT ARE FAR MORE GENEROUS, UM, TO PEOPLE.
YOUR NEIGHBOR'S OKAY WITH IT? WHY NOT? THANK YOU.
I AGREE WITH MY COLLEAGUES FOR ALL THE SAME REASONS.
ANYONE ELSE LIKE TO ADD? UM, I'M GONNA, I'M GONNA BE IN FAVOR AS WELL ONLY BECAUSE, UH, THE NEIGHBORING BEHIND THE NEIGHBOR BEHIND THEM IS SUCH A HUGE LOT AND THEY'RE SUCH A SMALL PIECE ABUTTING IT.
SO I DIDN'T HAVE AN ISSUE WITH THE 10 FOOT SETBACK.
LET'S HAVE A ROLL CALL VOTE PLEASE.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
THANK IF YOU HAPPEN TO HAVE ANY QUESTIONS.
THE, UH, IT WAS STAFF FAN SPECIAL EXEMPTION.
OKAY, LET'S HAVE A MOTION FOR THE SPECIAL EXCEPTION.
OH, I MAKE A MOTION FOR THE SPECIAL EXCEPTION FOR THE FENCE.
WELL, YOU HAVE TO READ THE, UH OH.
WHERE IS IT ON THE NEXT PAGE?
REGARDING CASE NUMBER BO A DASH 24 DASH 1 0 3 0 0 0 0 1, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR A THREE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT FENCE SITE TO ALLOW AN EIGHT FOOT FENCE IN THE FRONT YARD SITUATED AT 6 1 1 9 TOWN WOOD STREET, APPLICANT BEING ANDREW HUNT.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTERS OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT
[01:45:01]
CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.SPECIFICALLY WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER.
THE UTC STATES THE BOARD OF ADJUSTMENT COULD GRANT A SPECIAL EXCEPTION FOR A FENCE HEIGHT MODIFICATION.
THE FENCE HEIGHT BEING REQUESTED IS EIGHT FEET PREDOMINANTLY OPEN FOR THE FRONT YARD.
IF GRANTED, STAFF FINDS THAT THE REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE, AS THE FENCE DOES NOT IMPEDE CORNER LOT CLEAR VISION REQUIREMENTS AND DISSIMILAR IN STATUTE OF DEFENSES IN THE NEIGHBORHOOD.
B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE.
THE CRITERIA, THESE CRITERIA ARE REPRESENTED BY FENCE HEIGHTS TO PROTECT PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY.
THE FENCE DOES NOT APPEAR TO INTERFERE WITH THE PUBLIC WELFARE AND CONVENIENCE AS THERE OFFENSES OF SIMILAR DESIGN IN THE IMMEDIATE SURROUNDING AREA.
THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE SPECIAL EXCEPTION WILL NOT INJURE THE NEIGHBORING PROPERTIES AS IT IS PROPORTIONATE FENCE HEIGHT AND COMPOSITION ALONG THE FRONT YARD AND SIDE ALIGNS WITH THE HEIGHT OF THE FRONT FREESTANDING WALL COURTYARD PER C SECTION 35 DASH 514 A THREE HAS A PERMITTED HEIGHT OF EIGHT FEET.
D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE ADDITIONAL FENCE SIDE IN THE FRONT YARD FRONT PROPERTY LINE WILL NOT ALTER THE LOCATION FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT AS SIMILAR STYLE FENCES WERE OBSERVED TO BE IN THE IMMEDIATE SURROUNDING AREA.
E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT.
THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT AS THE FENCE IS PREDOMINANTLY OPEN AS TO NOT IMPEDE CLEAR VISION REQUIREMENTS AND PLACEMENT OF THE FENCE AS WELL WITHIN THE MINIMUM FRONT SETBACK REQUIREMENTS PER SECTION 35 DASH 504.
BY WHO SECONDED THAT MANNA COMMISSIONER MANNA.
UH, COMMISSIONER MCC KAPLAN? YEAH, I'M FOR IT.
UH, FOR THE SAME REASONS AS BEFORE.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER VASQUEZ? I CONCUR.
COMMISSIONER BENAVIDES? I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINDING OF FACT.
AND, UH, HAVE A GOOD AFTERNOON.
[ Approval of Minutes ]
ITEM IN THE AGENDA IS APPROVAL OF THE MINUTES.UH, I, UH, I, UH, DID MAKE A FEW CORRECTIONS.
IS THERE ANY OTHER COMMISSIONERS LIKE TO, UH, PROVIDE ANY REVISIONS? MANNA, COMMISSIONER, MANNA? YEAH.
SO ON THE FIRST CASE, UM, WITH REGARDS TO THE APPEAL, THE PROPERTY, UM, I THINK IT WAS KAPLAN WHO SECONDED AND NOT MANNA.
I RELEASED, I DON'T REMEMBER DOING THAT
SO I HAVE NO, I I HAD IN MY NOTES THAT KAPLAN IS THE ONE WHO SECONDED IT.
SO WE CAN CHECK THE VIDEO JUST TO DOUBLE CHECK AND THEN WE'LL MAKE THAT EDIT.
APPROVE WITH AMENDMENTS THAT, THAT WILL WORK.
UM, IS THERE A MOTION TO APPROVE AS AMENDED BY MOTION? APPROVE AS AMENDED.
ANY OPPOSED? ANY OPPOSED? ALL RIGHT.
[ Director’s Report ]
LAST IS DIRECTOR'S REPORT.UH, I'M GONNA GO AHEAD AND ADD THAT, UH, YOUR FINANCIAL DISCLOSURES ARE DUE.
UH, THEY'RE DUE I THINK BY THE END OF MARCH.
UM, AND IF ANYBODY HAS ANY QUESTIONS, PLEASE CONTACT STAFF.
THEY'RE SUPER EASY TO DO IF YOU HAVEN'T DONE WHAT ALREADY.
I WAS ALSO, UH, LAST WEEK WE WENT TO THE MEETING WITH THE CITY, UM, CLERK'S OFFICE.
AND ESSENTIALLY IF YOU DON'T HAVE IT TURNED IN BY APRIL 1ST, YOU WILL BE REMOVED AUTOMATICALLY FROM YOUR POSITIONS, ANY POSITIONS THAT YOU'RE IN OR ANY BOARDS THAT YOU'RE IN.
SO IT IS IMPERATIVE TO TURN IT IN.
YEAH, DON'T, DON'T LET IT, UM, SERIOUSLY, IT TAKES FIVE MINUTES.
SO IF ANYBODY, THERE'S SOME INSTRUCTIONS, UH, UP HERE IF ANYBODY WOULD LIKE TO SEE THEM.
UH, BUT, UH, IF YOU HAVEN'T DONE IT YET, PLEASE, PLEASE GET IN TOUCH WITH STAFF IF YOU HAVE ANY QUESTIONS.
AND I HAD NO ANNOUNCEMENTS OTHER THAN WE WILL TRY TO FILL ANY VACANCIES ON THE BOARD AS QUICKLY AS POSSIBLE.
WELL WITH THAT, UH, WE ARE HERE BY ADJOURNED.