[00:00:02]
STAFF WE HAVE, LOOKS LIKE WE HAVE 10 PRESENT WITH, UH, MS. BRAGMAN ON TEAMS. IS THERE GONNA BE AN 11TH? YEAH.
MS. UH, CRUZ IS RUNNING LATE, BUT SHE'S ON THE WAY.
I THINK WE CAN START THROUGH THE, UH, ADMINISTRATIVE, UH, PORTION OF THIS.
SO ALL, LET'S SEE, IT'S 1 0 2.
I'M CALLING THIS MEETING TO ORDER.
IF WE CAN HAVE THE SPANISH INTERPRETER COME OUT, PLEASE.
IS THAT
UM, SO IF EVERYBODY CAN PLEASE SILENT THEIR MOBILE DEVICES.
UH, WE'LL GET STARTED WITH THE MEETING.
THE FIRST THING WE'RE GONNA DO IS PLEDGE ALLEGIANCE PLEDGE.
I PLEDGE ALLEGIANCE, UNITED STATES OF AMERICA, REPUBLIC FOR NATION UNDER GOD.
I PLEDGE ALLEGIANCE TO THE TEXAS ONE, STATE ONE AND INDIVISIBLE STAFF, IF YOU COULD PLEASE TAKE ROLL.
OH, COMMISSIONER, COMMISSIONER BENAVIDEZ HERE.
SO WE HAVE 10 PRESENT AT THIS TIME WITH ONE EXPECTED TO SHOW UP SHORTLY.
UM, BEFORE WE PRE PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION.
THIS BOARD FOLLOWS AN AGENDA, WHICH IS AVAILABLE ONLINE.
THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS.
FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT.
LASTLY, AS CHAIR, I'LL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS.
I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS THE CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING.
SO WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL.
THE BOARD IS SUPPORTED BY THE MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY, ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA.
THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW.
WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELEASE SOUGHT, AND WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES.
SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THIS 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 CITY COUNCIL.
WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35.
WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY OF THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE.
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 HERS OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY'LL BE QUESTIONED BY THE MEMBERS OF THE BOARD.
ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER.
AFTER EVERYONE HAS HEARD THE CASE, IT'LL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION.
EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION.
AN ORDER FOR A MOTION TO CARRY REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES.
THAT BURDEN OF PROOF IN GRANTING THE RELIEF SOUGHT RESTS WITH THE APPLICANT.
THE APPLICANT MUST PRESENT FACTS ON WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISIONS OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIALS.
SPECIAL EXCEPTIONS OF VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW.
BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S.
DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL.
PLEASE LIMIT YOUR PRESENTATION AND REMARKS OF THE PERTINENT FACTS OF YOUR CASE.
UH, STAFF IF YOU COULD SHOW THAT COMMISSIONER CROWS, UH, UM, GOT SEATED AT 1 0 6 AND STAFF IF YOU CAN, UH, DO YOUR PRESENTATION.
STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION AT REQUESTS.
PART OF THE PRESENTATION INCLUDES A MAP OF THE, THAT SHOWS THE AIR TO BE CONSIDERED FOR
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A VARIANCE OR SPECIAL EXEMPTION.AND THE PROPERTY WITHIN 200 FEET OF THE SUBJECT PROPERTY CHECK MARKS INDICATE THOSE PROPERTY OWNERS IN FAVOR OF REQUESTS X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION FOLLOWING THIS PRESENTATION.
ANY QUESTIONS ABOUT A BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST.
FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST A PROPOSED VARIANCE OF SPECIAL EXEMPTION, YOU'LL BE CALLED IN THE ORDER THAT YOU SIGNED UP TO SPEAK.
THOSE IN SUPPORT IN OPPOSITION WILL BE ALLOWED OF MAXIMUM THREE MINUTES PER SPEAKER, AND YOU ARE NOT OBLIGATED TO UTILIZE A MAXIMUM TIME LIMITATION.
FOR THOSE THAT WOULD LIKE TO GIVE UP THEIR TIME TO A SPEAKER, THAT SPEAKER WILL BE ALLOWED A MAXIMUM TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES.
THOSE GIVEN UP THEIR TIME MUST BE PRESENT AND SIGNED IN TO SPEAK.
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.
[ Briefing and Possible Action on the following items ]
THAT ITEM ONE HAS BEEN POSTPONED AND THAT ITEM TWO, I UNDERSTAND THE APPLICANT IS REQUESTING A CONTINUANCE.IS THERE ANY PUBLIC COMMENTARY OR VOICEMAILS TO HEAR ON ITEM TWO? WE DO HAVE TWO SPEAKERS, UH, SIGNED UP FOR ITEM NUMBER TWO.
LET'S, LET'S HAVE 'EM COME FORWARD AND I'LL JUST READ THIS INTO THE RECORD, SIR, WHILE THEY ARE COMING UP.
UH, THIS IS ITEM NUMBER TWO, ENDING IN BO A 2 6 3 A REQUEST BY ERIO FOR APPEALING A CERTIFICATE OF APPROPRIATENESS LOCATED AT SIX 20 SOUTH PREA STREET.
FIRST SPEAKER IS MR. BRIAN MURPH.
AND YOU MRS. MELISSA? UH, YES.
YOU CAN, YOU CAN STATE YOUR NAME AND YES.
UH, CAN YOU TURN ON YOUR MICROPHONE? I'M SO SORRY.
I'M MELISSA STEN AT 2 2 4 CAROLINA STREET, AND I'M HERE TODAY REPRESENTING THE LAVACCA NEIGHBORHOOD ASSOCIATION AS THE PRESIDENT OF THE ASSOCIATION.
AND WE SUBMITTED A LETTER FOR COMMENT, SO I'M GONNA READ THAT OR PORTIONS OF IT.
UH, THE LAVACCA NEIGHBORHOOD ASSOCIATION HAS CLOSELY FOLLOWED THIS CASE.
WE SUBMITTED LETTERS TO PRIOR HDRC HEARINGS, SUPPORTING OHP STAFF RECOMMENDATIONS, WHICH ENABLE THE BUSINESS OWNER AND MR. PABLO RIOS TO MAKE NECESSARY MODIFICATIONS WHILE PRESERVING ITS HISTORIC CHARACTER.
LAVACCA IS PROUD OF OUR HISTORIC PROPERTIES AND GRATEFUL FOR THE WORK DONE ON BEHALF OF OUR NEIGHBORHOOD BY THE OHP TO PRESERVE THEM.
WE ALSO APPRECIATE MR. RIOS INVESTMENT IN RESTORING THIS BUILDING, YET WE'RE DISAPPOINTED BY HIS NON-COMPLIANCE IN VIOLATIONS OF STOP WORK ORDERS AND DO NOT AGREE WITH HIS APPROACH TO THE RESTORATION WORK.
WHEN WE MET WITH MR. RIOS IN OCTOBER, 2023, AS HE SOUGHT TO NEGOTIATE HIS CASE WITH HGRC, WE DECLINED TO PROVIDE A LETTER OF SUPPORT AND ENCOURAGED HIM TO MAKE ALL EFFORTS TO COMPLY WITH STAFF GUIDELINES AND STIPULATIONS.
UM, THAT SAID, THIS BUSINESS IS ALSO EAGERLY ANTICIPATED AND SUPPORTED BY NEIGHBORS, AND WE HAVE A DUTY TO REPRESENT NEIGHBORHOOD INTERESTS.
ULTIMATELY, WE FIELD'S IN THE BEST INTEREST OF THE, OF THE NEIGHBORHOOD FOR THIS BUSINESS TO OPEN.
WITH THE ALTERNATIVE BEING FOR THE BUILDING TO REMAIN VACANT WITHOUT A BUSINESS OWNER ABLE TO ASSUME THE COST TO DECONSTRUCT THE EXISTING EXTERIOR AND RESTORE AN HISTORICALLY APPROPRIATE STUCCO.
WE WANNA SEE BARRIO DOG OPEN, BUT DO NOT INTEND FOR THIS POSITION TO SET PRECEDENTS AND HOPE THAT LESSONS CAN BE LEARNED TO PREVENT RECURRENCE.
SO TODAY WE RESPECTFULLY ASKED FOR, UH, BOA TO ALLOW THIS BUSINESS TO OPEN, TO CONTRIBUTE TO THE VITALITY OF THE NEIGHBORHOOD.
UM, THIS IS A UNIQUE CASE, SO I DID WANNA BE HERE IN PERSON INSTEAD OF JUST LEAVING A VOICEMAIL.
UM, BECAUSE THIS IS A PRETTY UNCOMFORTABLE AND COMPLICATED POSITION FOR US, WE SPENT ENORMOUS CONSIDERATION DECIDING HOW TO RESPOND.
WE ARE NOT INTENDING TO SET A PRECEDENCE THAT A SERIES OF VIOLATIONS IS UNACCEPTABLE PATH TO APPROVAL AND A DESIGN AND RESTORATION PROCESS.
AND WE ALWAYS ENCOURAGE, CONSISTENTLY ENCOURAGE HOMEOWNERS AND BUSINESS OWNERS WHO APPROACH US TO COOPERATE WITH OHP GUIDELINES AND RESPECT THE PROPER PROCESS TO GAIN APPROVAL FOR ANY EXCEPTIONS OR VARIANCES.
WHAT TODAY'S POSITION CAME DOWN TO WAS ADVOCATING AGAINST MORE OF THE WORST CASE SCENARIO, PREVENTING THE NEIGHBORHOOD FROM EFFECTIVELY, UH, HAVING, UH, A BLIGHT, AN AERIAL BLIGHT WITH A VACANT BUILDING.
UM, SO WHAT BOROUGH DOG HAS TO OFFER, WE DO SEE A VALUE TO THE NEIGHBORHOOD AND ARE REALLY TRYING TO ACTUALLY PROTECT AGAINST THE ALTERNATIVE.
WELL, BEFORE YOU GO, UM, THIS, THIS CASE IS BEING REQUESTED FOR CONTINUANCE MM-HMM,
THAT'LL BE OUR, WE RARELY GET, UH, REPS FROM NEIGHBORHOOD ASSOCIATIONS HERE, SO IT'S ALWAYS NICE TO SEE.
IS THERE ANY, UH, COMMISSIONER QUESTIONS? MANANA, SPEAKER, COMMISSIONER, MANNA, THEN UNA.
SO THE QUESTION I HAVE IS, UM, AND, AND WE'LL FOLLOW UP, UH, WOULD FOLLOW UP WITH THE QUESTION WITH OHP.
IS THERE, THEY PROVIDED A RECOMMENDATION FOR A PARTIAL SOLUTION, WHICH WAS THE, THE, I GUESS THE FRONT OF THE BUILDING BEING MADE BACK TO NORMAL, UM, OR, OR PRE, I GUESS THE PREVIOUS DESIGN AND THEN ALLOWING, IF I READ CORRECTLY, THE, THE REST OF THE BUILDING TO BE, UM, YOU KNOW, CHANGED, I GUESS ACCORDINGLY.
WOULD YOU BE MORE IN FAVOR OF THAT IF THAT WAS TO HAPPEN? SO THAT YOU KIND OF, KIND
[00:10:01]
OF MET HALFWAY WITH REGARDS TO THE DESIGN? UH, OUR STANCE ON THE EXACT DESIGN, THE MATERIALS USED, THE THICKNESS OF THE WALL, ET CETERA, THE THINGS THAT HAD BEEN DISCUSSED IS FOR, UH, OHP AND THE, THE OWNER TO COME TO A FEASIBLE AND REASONABLE SOLUTION.UM, SO AS FAR AS THE EXTERIOR OF THE FACADE GOES, NOW THAT IS NOT A ISSUE OF CONCERN.
SO I THINK THE ANSWER TO THAT WOULD BE YES, BUT WE'VE TRIED TO LEAVE THAT TO, FOR THE PROCESS TO WORK BETWEEN OHP OR HDRC AND THE OWNER AT THIS POINT.
UH, I DO BELIEVE THIS IS A VERY UNIQUE SITUATION.
EACH CASE STANDS ON ITS OWN, SO I DON'T THINK, UH, YOU KNOW, WE'RE REALLY LOOKING AT SETTING PRECEDENTS, BUT I THANK YOU GUYS FOR WORKING WITH THE OWNER TO TRY TO COME UP TO SOME SOLUTION.
IT MAY NOT BE THE BEST PATH FOR YOU, THE ASSOCIATION, BUT, BUT IT'S A PATH.
AND SO I ASSUME THIS LETTER HAS, HAS BEEN PROVIDED TO STAFF AS THEY WORK WITH THE, UH, THE BUILDING OWNER TO YES, SIR.
TO THE RECORD, THE NAME ON THE CASE? YES.
WELL, THANK, THANK YOU FOR YOUR WORK WITH THIS.
YEAH, I, I GUESS I, I'M NOT SO SURE ABOUT THAT.
COMMISSIONER, ONCE WE, IF, IF WE DO GRANT THE VARIANCE, IT IS A PRECEDENT FOR OTHERS WHO TO GO IN AND GET ALL THIS COMMUNITY SUPPORT AND, UH, GO AROUND THE COMMUNITY, THE NEIGHBORHOOD ASSOCIATION.
UH, ARE YOU CONCERNED ABOUT THAT? I MEAN, WE'VE, WE'RE TRYING TO BE VERY SPECIFIC IN SAYING THAT, HEY, THIS HAPPENED BEFORE WE, WE CAN'T REALLY COME TO THIS CONCLUSION AGAIN.
UM, WE HAVE BEEN SPECIFIC NOT TO PROVIDE A LETTER OF SUPPORT OR TO DECLINE, UH, THE OWNER'S REQUEST FOR SPECIFIC SUPPORT, UH, SO THAT HE WOULD GO THROUGH THE PROCESS TO DO THE RIGHT THINGS AND, AND ACTUALLY FOLLOW THE PROCESS AND TRY TO AVOID ANY VIOLATIONS OR FURTHER WORK WITHOUT, UH, THAT IT WASN'T ALLOWED TO HAPPEN.
UM, WE ARE NOT INVOLVED IN THE LETTERS OF SUPPORT FROM NEIGHBORS THAT HE WOULD HAVE COLLECTED.
UM, AND SO ARE YOU SAYING THAT IT WAS THE NEIGHBORHOOD SUPPORT THAT HAS CHANGED YOUR MIND? IT'S, UH, YOU, YOU ARE CHANGING YOUR MIND ABOUT SUPPORTING THIS VARIANCE THEN? BECAUSE I, I'M, I'M KIND OF LIKE NOT SURE YOU'RE SAYING, YEAH, WE REALLY HATE THIS, BUT WE KNOW THAT ALL THOSE NEIGHBORS WANT IT.
UM, SO THEREFORE WE'LL GO ALONG WITH IT.
SO IS THAT WHAT YOU'RE SAYING IS SUPPORT IT, THAT YOU SUPPORT IT? UH, YES.
AT THIS POINT IN TIME WHERE THIS BUILDING IS AT, WHERE WE'RE AT IN THE PROCESS, UH, WE ARE TRYING TO SAY WE WOULD RATHER SEE THIS BUSINESS OPEN THEN, THEN HAVE A POTENTIAL LONG-TERM VACANCY.
ANY OTHER QUESTIONS? BEN BEEZ? BEEZ.
UM, CAN YOU TELL ME, DO YOU KNOW HOW LONG THAT BUILDING WAS VACANT BEFORE IT WAS PURCHASED? I DON'T KNOW.
I, THERE IS ANOTHER STAFF MEMBER WHO MAY KNOW TWO YEARS HAPPENING NOW, TWO YEARS.
SO TWO THAT, YEAH, WE, IF IF, YEAH, YOU CAN COME, GO AHEAD AND COME FORWARD.
UM, IF YOU COULD PLEASE JUST STATE YOUR NAME AND, AND, AND, AND YOUR INSIGHT.
I'M ALSO ON THE, UH, LAVACCA NEIGHBORHOOD ASSOCIATION.
UM, I BELIEVE THAT, UH, THE BUILDING HAD BEEN VACANT FOR, UH, TWO YEARS, PERHAPS A BIT MORE.
IT WAS A VEGAN RESTAURANT AND THAT, THAT, THAT CLOSED.
SO IT'S BEEN, IT'S BEEN, UH, UNOPENED FOR QUITE A LITTLE WHILE NOW.
ANY OTHER QUESTIONS? AND, UM, YOU KNOW, THANK YOU VERY MUCH FOR COMING.
THIS, THIS HAS GONE BACK AND FORTH.
YOU KNOW, IT WASN'T JUST A SIMPLE FACADE, IT WAS STRUCTURAL INTEGRITY OF THE, OF THE EXISTING WALLS AND, AND HOW THAT WAS GONNA BE ADDRESSED IN DIFFERENT CITY DEPARTMENTS.
AND SO EVERY TIME WE HEAR THIS CASE COMES BEFORE US, IT SEEMS LIKE THERE'S SOME PROGRESS.
SO, UH, WE NEED A OFFICIAL CONTINUANCE OR MANNA.
DID THE, DID THE UH, APPLICANT LIKE TO SAY ANY REMARKS BEFORE, OR AT LEAST STATE TO WHAT DATE THEY WOULD LIKE A CONTINUANCE? SO, WE'LL, WE'LL HEAR FROM THE APPLICANT.
I'M WITH BROWN AND MCDONALD LAW FIRM AT 100 NORTHEAST LOOP FOUR 10, SUITE 1385.
UM, SO I'M HERE ON BEHALF OF THE APPLICANT.
WE'RE RESPECTFULLY REQUESTING ANOTHER CONTINUANCE TO MARCH 18TH, UM, TO GIVE US MORE TIME TO WORK WITH OHP.
WE DO HAVE A MEETING WITH THEM THIS THURSDAY, AND WE'RE KIND OF HOPING THAT WE'LL, YOU KNOW, BRING A CLOSE TO THIS.
ANY QUESTIONS FOR THE APPLICANT? MANNA COMMISSIONER MANNA? SO, SO WE DID RECEIVE A LETTER, SO I'M ASSUMING THAT ONE OF THE THINGS YOU'RE WORKING THROUGH IS THE LETTER THAT WE SAW THAT SAYS THAT THEY'VE BEEN WORKING WITH YOU SINCE DECEMBER, 2023 WITH REGARDS TO THIS, UH, I GUESS, UM, THE INTER OR A INTERMEDIATE SOLUTION IS, IS THAT TRUE TO YOU AS WELL? YES, I DO.
IS THERE A MOTION TO CONTINUE TO MARCH 18TH? OH, ZONA COMMISSIONER ZOW REGARDING CASE NUMBER BOA DASH 23 DASH 3 2 3.
I MOVE FOR A CONTINUANCE TO MARCH 18TH, A SECOND.
SECOND BY COMMISSIONER KAPLAN.
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HEARING NONE, A MOTION PASSES.THE CASES CONTINUE TO MARCH 18TH.
WE HOPE TO SEE EVERYONE BACK THEN.
UH, MR. CHAIR, WE ALSO HAVE ONE OTHER CONTINUANCE THAT WE CAN KNOCK OUT IF YOU'RE SURE.
WHAT'S THE ITEM NUMBER? IT'S ITEM NUMBER FOUR.
UM, THAT'S AT, UH, 8 25 EAST PARK.
GO AHEAD AND, UH, DO A BRIEF PRESENTATION.
ITEM NUMBER FOUR IS BOA 0 0 5 REQUESTED BY JOHN CLARK FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL SH TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK FACE AT 8 27 EAST PARK AVENUE.
THE APPLICANT IS REQUESTING A CONTINUANCE TO MARCH 4TH SO THAT THEY CAN BE IN ATTENDANCE.
SO THERE'S NO ONE IN THE, IN THE GALLERY REPRESENTING THE APPLICANT? NOT THAT I'M AWARE OF, BUT SOMEONE JUST STOOD UP,
UH, WHY DON'T YOU, UH, UH, GO AHEAD AND COME FORWARD.
IT'S ALWAYS NICE TO HAVE ON THE RECORD SOMEONE REPRESENTING THE APPLICANT ASKING FOR THE DATE.
I'M AN ATTORNEY FOR JOHN CLARK.
WITH MY SINCERE APOLOGIES TO YOU ALL.
I JUST BECAME AWARE TODAY OF THE HEARING AND, UH, MY UNDERSTANDING IS THAT MR. CLARK AND A CONSULTANT THAT HE WAS WORKING WITH HAD NOT ADEQUATELY PREPARED FOR TODAY.
MR. CLARK ISN'T EVEN IN THE STATE TODAY.
AND SO WHEN I BECAME AWARE, I CORRESPONDED WITH THE STAFF AND ASKED FOR CONTINUANCE.
UH, I'M AWARE OF WHAT WE'RE DOING NOW AND WHAT NEEDS TO BE DONE, AND SO WE RESPECTFULLY ASK THAT THE HEARING BE CONTINUED UNTIL MARCH THE FOURTH ON MARCH 4TH.
UH, IS THERE ANYONE SIGNED UP TO SPEAK ANY VOICEMAILS? NO PUBLIC COMMENT.
UM, WITH THAT, IS THERE A, I, I MOVE FOR A CONTINUANCE TO MARCH 4TH.
WE HAVE A MOTION TO CONTINUE TO MARCH 4TH.
MY NAME IS JUAN ALVAREZ, PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER BO A DASH 24 DASH 0 3 0 0 0 3.
APPLICANT, JUSTINE SANCHEZ IS REQUESTING FOR A SPECIAL EXCEPTION 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 SHORT-TERM RENTAL PERMIT ISSUED ON THE BLOCK FACE.
THE APPLICANT IS SEEKING A SPECIAL EXCEPTION 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 THEIR 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.
PHASE ONE STR TYPE TWO IS ALREADY CURRENT ON THE BLOCK.
PHASE 1739 WEST SUMMIT AVENUE WAS APPROVED ON NOVEMBER 16TH, 2022.
BLOCK PHASE IS CURRENTLY AT 7%.
IF SECOND STR TYPE TWO IS APPROVED, BLOCK PHASE WILL BE AT 14%.
THE PROPERTIES ZONED THE PROPERTIES ZONED R SIX CD HAVE PERMITTED USES FOR TWO UNITS 1751 AND 1753 WEST SUMMIT IS ONE PARCEL AND IT IS A DUPLEX WHILE 1743 WEST SUMMIT IS A SINGLE FAMILY DWELLING UNIT.
1701 WEST SUMMIT IS VACANT AND DOES NOT COUNT TOWARDS THE DENSITY COUNT.
THEREFORE, THERE IS 13 UNITS IN TOTAL IN THE BLOCK.
FACE STAFF RECOMMENDS DENIAL AND BO OA DASH 24 DASH 0 3 3 FOR A SPECIAL EXCEPTION 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 ZERO.
THE CITY CODE STAFF FINDS THAT THE APPROVAL OF AN INCREASE IN THE TYPE TWO SHORT-TERM RENTAL T 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.
AND TWO STAFF IS UNABLE TO IDENTIFY ANY
[00:20:01]
UNIQUE CIRCUMSTANCE WHICH WARRANTS EXCEEDING DENSITY LIMITATION FOR TYPE TWO ST.ON THE BLOCK FACE, THERE WERE 31 NOTICES MAILED OUT.
TWO IN FAVOR, ONE IN OPPOSITION AND OPPOSITION FROM JEFFERSON AND WOODLAWN LAKE NEIGHBORHOOD ASSOCIATIONS.
THIS CONCLUDES STAFF PRESENTATION.
APPLICANT IS HERE TO ANSWER ANY QUESTIONS.
UH, REALLY QUICKLY, THE THE, THE LAST SCREEN THAT POPPED UP SHOWED THAT THERE WAS THREE XS ON THERE.
WAS THERE THREE PEOPLE IN OPPOSITION OR JUST OH, THERE WAS, THERE, THERE WAS ONLY ONE IN OPPOSITION AND TWO IN FAVOR.
THE OTHER IN FAVOR WAS 1713 WEST SUMMIT.
I JUST, I SO THOSE SHOULD HAVE BEEN CHECK MARKS? OH YES.
IS THE APPLICANT PRESENT? HELLO EVERYBODY.
I ACTUALLY JUST CAME TO FOLLOW THROUGH SINCE I SAID I WOULD BE HERE TWO WEEKS AGO.
I ACTUALLY, UH, DID YOU GET A, YOU GET TO STATE YOUR NAME PLEASE? I'M SO SORRY.
JUSTINE SANCHEZ, I AM THE APPLICANT FOR 1717 WEST SUMMIT.
AND THE ADDITIONAL STRI ACTUALLY LOOKED INTO SOME MORE INFORMATION.
I DIDN'T FIND ANY FOUNDED, UH, SAPT COMPLAINTS.
SPOKE WITH SOME MORE NEIGHBORS, NOBODY HAD SOME ISSUES, BUT I ACTUALLY DID GO AHEAD AND MAKE CONTACT WITH THE NEIGHBORHOOD ASSOCIATION PRESIDENTS AND THE WOODLAWN, UH, PRESIDENT WHO ARE STILL NOT IN FAVOR AND OUR WORRIED ABOUT THE NEIGHBORHOOD SAFETY DESPITE MY BEST EFFORTS TO CONVINCE THEM.
SO I DO JUST WANNA BE RESPECTFUL TO THE NEIGHBORHOOD, THE NEIGHBORS AND, AND THEM AS WELL.
SO IF IT'S NOT APPROVED, I UNDERSTAND.
IS THERE ANYONE, UM, SIGN UP TO SPEAK OR VOICEMAILS? GOT, UH, TWO VOICEMAILS AND ONE SPEAKER.
WELL, WE'LL HEAR SOME PUBLIC COMMENT AND THEN WE WILL, UH, SEE IF WE HAVE ANY QUESTIONS FOR YOU.
MY NAME IS BIAN ALGA, SALLY AVILA.
I AM THE BROWN HOUSE TO THE LEFT.
AND, UH, OUR NEIGHBORHOOD IS EXTREMELY DENSE, THE STREETS, THE DRIVEWAYS AND, UM, IT HAS DISRUPTED MY LIFE PERSONALLY.
UM, JUST HAVING THE CONTINUOUS FLOW OF DIFFERENT PEOPLE COMING INTO THE NEIGHBORHOOD.
I HAVE CALLED THE POLICE IN THE PAST BECAUSE OF A LOUD PARTY.
I WAS CONCERNED FOR MY SAFETY.
AND, UM, IF YOU DON'T LIVE NEXT DOOR TO A PROPERTY OF THIS DENSITY, YOU, YOU DON'T KNOW WHAT IT FEELS LIKE TO WONDER WHAT'S GOING ON NEXT DOOR.
AND, UM, IF WE LIVED ON LOTS THAT WERE AN ACRE LARGE, I THINK I WOULD FEEL MUCH SAFER.
AND THIS IS SOMETHING THAT, UH, I KNOW YOU GUYS ARE HERE TO DO YOUR JOB, BUT WE NEED TO ADDRESS IT AT THE CITY LEVEL AND, UM, AND JUST RESPECT OUR, OUR OWN PRIVATE SPACE.
MY ADDRESS IS 4 57 CLUB DRIVE 7 8 2 0 1.
I'M CALLING ABOUT AGENDA ITEM NUMBER 3 17 17 WEST SUMMIT AVENUE.
I WAS CALLING IN OPPOSITION TO THIS CASE FOR A VARIANCE FOR AN ADDITIONAL TYPE TWO SHORT TERM RENTAL ON THE 1700 ODD BLOCK FACE OF WEST SUMMIT.
I ATTENDED THE MEETING WITH THE JEFFERSON NEIGHBORHOOD ASSOCIATION, THE WOODLAWN LAKE COMMUNITY ASSOCIATION, AND THE APPLICANT, MS. SANCHEZ ON FEBRUARY 12TH, 2024.
I RESIDE IN THE MONTICELLO PARK NEIGHBORHOOD ASSOCIATION AREA AND THE MONTICELLO PARK HISTORIC DISTRICT.
AND I WAS CALLING TO OFFER SOME ADDITIONAL INFORMATION THAT WAS PRESENTED DURING THE MEETING.
OBVIOUSLY THE SHORT TERM RENTAL ORDINANCE WAS DESIGNED AND ITS GOAL STATES TO PROTECT NEIGHBORHOODS AND TO ALSO PROTECT THE INDIVIDUALS WHO ARE STAYING ON THESE PROPERTIES, UH, THAT ARE OPERATING IN A SHORT TERM RENTAL FASHION.
HOWEVER, IN THIS PARTICULAR INSTANCE, THIS SHORT TERM RENTAL HAD BEEN OPERATING FOR MONTHS WITH 11 REVIEWS, UH, WHEN WE MET WITH MS. SANCHEZ.
AND THAT DOES NOT SUPPORT THE, THE CITY'S INITIATIVE TO BE PERMITTED PRIOR TO ALL.
UM, AND I THINK THAT IS A CONCERN BECAUSE, UM, I'M SERVING ON A TASK FORCE FOR SHORT TERM RENTALS AND ONE OF THE BIGGEST CONCERNS IS, IS THE CITY GETTING THEIR HOT TAX, THEIR HOTEL MOTEL TAX IS THE, UM, APPLICANT PAYING THE HOT TAX TO THE CITY.
AND WHEN YOU HAVE SHORT TERM RENTALS THAT ARE OPERATING WITHOUT A PERMIT, IT'S INDICATIVE THAT THEY'RE NOT PAYING THEIR HOT TAX.
AND THAT IS, UH, WE SHOWED THE INFORMATION TO MS. SANCHEZ THAT IT IS A CONCERN IN THE AREA WHEN YOU LOOK AT, YOU GET ON
[00:25:01]
AIRBNB AND YOU LOOK AT THE NUMBER OF, OF LISTINGS THAT ARE THERE BECAUSE THERE'S OTHER ISSUES ON THAT ADJACENT TO THIS BLOCK DIRECTLY BEHIND IT.AND ON THE ADJACENT BLOCK WHERE YOU HAVE UNPERMITTED STR THAT ARE OPERATING, THAT ARE TYPE TWO AND THE STRUGGLES TO BRING ALL OF THOSE IN COMPLIANCE.
AND THEN HERE WE HAVE THIS APPLICATION, WHICH OBVIOUSLY WASN'T IN COMPLIANCE AND IS CONTRIBUTING TO THIS PROBLEM WITH UN PERMITTED TYPE TWOS OPERATING IN OUR CITY AND POTENTIALLY NOT PAYING HOT TAX.
AND SO I WISH MS. SANCHEZ, YOU KNOW, SUCCESS.
SHE IS NOT THE OWNER OF THIS PROPERTY.
SHE DID, UH, INDICATE SHE SELECTED THIS PROPERTY PROPERTY SPECIFICALLY TO RENT IT AND OPERATED AS A SHORT-TERM RENTAL.
AND I WISH HER THE BEST OF LUCK IN SELECTING ANOTHER PROPERTY TO RENT ON A BLOCK WHERE THE DENSITY HAS NOT ALREADY BEEN EXCEEDED.
ALSO, I'LL NOTE, UM, MS. SANCHEZ DID PRESENT SOME INFORMATION ABOUT THE, UM, ALREADY EXISTING TYPE TWO SHORT-TERM RENTAL PERMIT ON THIS BLOCK FACE.
UM, THAT PROPERTY HAS BEEN OWNED BY THE SAME FAMILY SINCE THE 1980S AND THEY MOST RECENTLY HAD THE PROPERTY.
HI, MY NAME IS TED GIRA, THE PRESIDENT FOR THE JEFFERS NEIGHBORHOOD ASSOCIATION, 2352 WEST MULBERRY, SAN ANTONIO, TEXAS 7 8 2 0 1.
I'M CALLING ABOUT ITEM NUMBER 3 17 17 WEST SUMMIT AVENUE.
UH, THE JEFFERS NEIGHBORHOOD ASSOCIATION, WOODLAWN LAKE NEIGHBORHOOD ASSOCIATION AND OUR DISTRICT SEVEN APPOINTEE TO THE CITY'S SHORT-TERM RENTAL TASK FORCE.
MET, MET WITH THE APPLICANT MS. SANCHEZ ON FEBRUARY 12TH, 2024.
THE JEFFERSON NEIGHBORHOOD ASSOCIATION'S TYPE TWO STR DENSITY CONCERN STILL REMAINS AND WE DO NOT SUPPORT A VARIANCE GRANTED TO THIS.
ALLOW THE SECOND TYPE, A SECOND TYPE TWO SHORT RENT, SHORT TERM RENTAL PERMIT FOR THE 1700 ODD SIDE OF THE BLOCK OF WEST SUMMIT.
DURING OUR MEETING, THE APPLICANT DID FORM US THAT SHE SELECTED AND RENTED 1717 WEST SUMMIT WITH THE INTENT OF OPERATING A TYPE TWO SHORT TERM RENTAL AND UNFORTUNATELY HAS OPERATED A TYPE TWO SHORT TERM RENTAL AT THE PROPERTY FOR MONTHS WITHOUT A PERMIT FROM THE CITY.
AN ADJACENT NEIGHBOR TO THE PROPERTY.
EXPRESSED CONCERN TO J AND A REGARDING THE UNPERMITTED TYPE TWO STR OPERATING OPERATION AND PROVIDED TESTIMONY TO THE BOARD OF ADJUSTMENTS DURING ITS FEBRUARY 5TH, 2024 MEETING WITH HER CONCERN.
WHEN WE MET WITH THE APPLICANT LAST MONDAY, SHE ACKNOWLEDGED 1717 WEST SUMMIT WAS LISTED AS AN AIRBNB AS A SHORT TERM RENTAL AND THERE WERE 11 REVIEWS POSTED WITH THE NEWEST ONE RE WITH THE NEWEST REVIEW BEING POSTED ON THE DAY OF OUR MEETING, THE OPERATION OF THE TYPE TWO SHORT TERM RENTALS RESULTED IN SIGNIFICANT INCREASE IN THE INDIVIDUAL'S COMING EITHER TO SPEND THE NIGHT OR TO SUPPORT MEANING CLEANING, MOWING, AND BRINGING HER OWN SUPPLIES TO THE OPERATION OF THE TYPE TWO RENTAL.
THAT IS THE END OF THE VOICEMAIL.
ALRIGHT, IF MS. SANCHEZ, IF YOU, UH, COME BACK UP.
SO HAVING HEARD ALL THE PUBLIC COMMENT, IS THERE ANY LAST, UH, ANY REBUTTAL ITEMS OR CLOSING REMARKS YOU'D LIKE TO MAKE? THERE HAVE BEEN NO PARTIES AT THE PROPERTY.
AGAIN, I HAVE MULTIPLE CAMERAS SURROUNDING THE PROPERTY AND I AM NEUROTIC LOOKING AT THE CAMERAS, MAKING SURE THAT NOTHING OF THE SORT IS GOING ON.
UH, THERE WAS CONVERSATION WITH THE VOICEMAILS.
I TRIED TO EXPLAIN THE REVIEWS THAT ARE BEING LEFT ON THE HOME AND EXPLAIN THE PROCESS THAT I INFORMED Y'ALL OF LAST TIME ABOUT IT BEING COMPANIES AND EMPLOYEES GOING BY.
I EXPLAINED TO THEM THAT IT'S AN AGREEMENT THAT I HAD WITH THE COMPANIES TO LEAVE REVIEWS SO THAT I COULD BOOST THE ALGORITHM, THAT I COULD MAKE MY LISTING APPEAR MORE ON AIRBNB.
THAT IS THE WAY THE WEBSITE WORKS.
BUT AGAIN, I AM COMPLETELY OKAY WITH NOT BEING APPROVED WITH IT.
I INFORM THE NEIGHBORHOOD ASSOCIATION THAT I WOULD BE RESPECTFUL AND THAT IS WHAT I'M TRYING TO DO.
MM-HMM,
I'M WITH THE BOARD ADJUSTMENT GRANT, A SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO SHORT-TERM RENTAL UNIT SITUATED AT 1717 WEST SUMMIT AVENUE.
APPLICANT BEING JUSTINE SANCHEZ BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS ADMITTED, WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH AND SAFETY.
THE BOARD FINDS THAT THE REQUEST TO OPERATE AN ADDITIONAL SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY AND WELFARE.
THERE IS NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY.
B, THE SPECIAL EXCEPTION DOES NOT CREATE
[00:30:01]
A PUBLIC NUISANCE.THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE A PUBLIC NUISANCE WOULD BE CREATED IF ADDITIONAL SHORT-TERM RENTAL PERMIT WAS APPROVED.
C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH APPROPRIATE USE.
THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY STRUCTURES.
THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WILL SUBSTANTIALLY INJURE NEIGHBORING PROPERTY AS A TYPE TWO SHORT-TERM RENTAL.
D ADEQUATE UTILITIES ACCESS, ROAD STORM DRAINAGE, RECREATION SPACE, UM, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACILITIES HAVE BEEN OR ARE BEING PROVIDED.
THE SUBJECT PROPERTY PROVIDES OFF STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE.
E THE APPLICANT OR OWNER OF 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 12 OR 22 OF THE CITY CODE WITHIN ONE YEAR PRIOR TO THE DATE OF THE APPLICATION.
THE APPLICANT DOES NOT HAVE ANY HISTORY OF REVOCATION, CITATIONS, OR CONVICTIONS FOR VIOLATIONS OF CHAPTER 16 E.
THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL, THE ESSENTIAL CHARACTER OF 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, UH, PROPERTIES WITH THE PROPERTY OWNER PROVIDING ALL STREET PARKING AND MAINTAINING IT FROM NEIGHBORING PROPERTY.
THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE CENTRAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION END OF MOTION.
SECOND BY COMMISSIONER KAPLAN.
SO WE READ THIS IN AFFIRMATIVE, BUT, UM, I I WILL NOT BE SUPPORTING THIS, UH, MOTION, UM, FOR A COUPLE OF REASONS.
ONE IS THAT, UM, YOU KNOW, THE NEIGHBORHOOD ASSOCIATIONS, UM, YOU KNOW, THEY'RE NOT IN SUPPORT AND SO, SO I DO, UH, STAND BEHIND A LOT OF THE NEIGHBORHOOD ASSOCIATIONS, UH, IN THAT REGARDS.
AND THEN ALSO, UM, JUST TAKE A LOOK AT AROUND THE PROPERTY ITSELF.
UM, THERE'S 21 WITHIN 2000 FEET.
THERE'S 21 OTHER, UH, TYPE TWO SHORT-TERM RENTALS.
AND LOOKING AT EACH OF THEM, THERE'S A SINGLE ONE ON EACH OF THE BLOCK FACES.
AND SO ON 21 BLOCKS AROUND THIS HOME, THERE ARE SINGLE SHORT-TERM RENTALS ALREADY IN PLACE.
AND SO, SO I THINK THIS, UH, AREA IS WELL REPRESENTED BY SHORT-TERM RENTALS AT THIS POINT.
AND I THEREFORE DON'T SEE THE, UH, THE NEED TO ADD ANOTHER ONE HERE.
YEAH, I, I AGREE WITH COMMISSIONER AMANA AND, UH, I DO KNOW WHAT IT'S LIKE TO HAVE A AIRBNB NEXT DOOR TO YOU.
UM, AND SINCE THERE ARE NOT ONLY THE ILLEGAL, BUT APPARENTLY THERE ARE ILLEGAL ONES ALL AROUND, IT REALLY DOES A DIFFERENCE IN YOUR NEIGHBORHOOD.
SO I ALSO WILL NOT BE IN SUPPORT ANY OTHER COMMISSIONERS LIKE TO ADD COMMISSIONER BENES.
I'M GONNA DISAGREE WITH MY COLLEAGUES.
I I THINK THAT THE APPLICANT HAS DONE HER DUE DILIGENCE.
SHE HAS CAMERAS AROUND THE PROPERTY.
UM, THERE, THERE HAVE BEEN NO REPORTS OF POLICE, OF THE POLICE BEING CALLED.
SO I, I'M GONNA SUPPORT HER MOTION.
UH, I'M GONNA BE IN SUPPORT OF THE MOTION.
ALRIGHT, ANYONE ELSE LIKE TO ADD? UH, BON I'M GONNA, I'M GONNA DISAGREE WITH THE APPLICANT IN REGARDS TO THE SHORT TERM RENTAL.
UM, BUT ANYTHING OVER 30 DAYS IS NO LONGER A SHORT TERM RENTAL.
OKAY, ANYONE? UH, ANYONE ELSE? HEARING NONE HAVE ROLL CALL, VOTE PLEASE.
COMMISSIONER MANNA, I DO NOT CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER KAPLAN, I DO NOT CONCUR.
COMMISSIONER BARTON, I DO NOT CONCUR.
COMMISSIONER ES I DO NOT CONCUR.
COMMISSIONER DEAN, I DO NOT CONCUR.
COMMISSIONER CRUZ, I DO NOT CONCUR.
COMMISSIONER BENAVIDEZ, I CONCUR.
COMMISSIONER BRAGMAN, I DO NOT CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER ZUNA, I DO NOT CONCUR.
COMMISSIONER BONILLA, I DO NOT CONCUR.
CHAIR ORIAN AND, AND I DO NOT CONCUR.
UH, IF YOU HAVE ANY QUESTIONS, UM, FOR THE APPLICANT, IF YOU HAVE ANY QUESTIONS, YOU CAN TALK TO STAFF.
UH, ITEM NUMBER FIVE, GOOD AFTERNOON.
MY NAME IS JUAN ALVAREZ, PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER BO A DASH 24 DASH 0 3 0 0 0 6.
APPLICANT CHRIS COKER IS REQUESTING FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK FACE LOCATED AT 2 0 9 SADIE STREET, ZONED RESIDENTIAL SINGLE FAMILY DISTRICT AND COUNCIL DISTRICT ONE.
THE SUBJECT PROPERTY IS GENERALLY LOCATED WEST SIDE OF SADIE STREET BETWEEN THE NORTHWEST CORNER OF EAGER STREET.
THE PROPERTY CURRENTLY HAS ONE EXISTING SINGLE FAMILY DWELLING SURROUNDING USES INCLUDE SINGLE FAMILY RESIDENTIAL.
THERE IS CURRENTLY ONE OTHER TYPE TWO SHORT-TERM RENTAL PERMIT ISSUED ON THE BLOCK FACE.
PRO PROPERTY WAS PREVIOUSLY ISSUED A TYPE TWO STR PERMIT ON JANUARY 20TH, 2021,
[00:35:02]
BUT WAS REVOKED ON DECEMBER 21ST, 2022 DUE TO HOT DELINQUENCY AND WAS SUBJECT TO THE 12 MONTH PENALTY.NOW THAT THE 12 MONTH PENALTY HAS PASSED, THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT 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 EIGHT UNITS ON THE BLOCK FACE.
ONE STR TYPE TWO IS ALREADY PRESENT ON THE BLOCK FACE STR 22 SLASH 1 3 6 0 0 0 63 2 0 5.
SADIE STREET WAS APPROVED ON MAY 11TH, 2022.
THE BLOCK FACE IS CURRENTLY AT 12.5%.
IF A SECOND TYPE TWO STR PERMIT IS TO BE APPROVED, BLOCK FACE WILL BE AT 25%.
AND PROPERTY ZONED RM FOUR ALLOWS UP TO FOUR UNITS.
HOWEVER, ALL ARE SINGLE FAMILY DWELLING UNITS.
STAFF RECOMMENDS DENIAL AND BO OA DASH 24 DASH THREE SIX FOR A SPECIAL EXCEPTION 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 ZERO.
THE CITY CODE STAFF 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 WHICH THE SHORT-TERM RENTAL PROPERTY OPERATES.
AND NUMBER TWO, STAFF IS UNABLE TO IDENTIFY ANY UNIQUE CIRCUMSTANCE WHICH WARRANTS EXCEEDING THE DENSITY LIMITATION FOR TYPE TWO ST.
THERE WERE 30 MAILED NOTICES MAILED OUT.
ZERO IN FAVOR, ZERO IN OPPOSITION AND THERE WAS NO RESPONSE FROM LA VACA NEIGHBORHOOD ASSOCIATION.
THIS CONCLUDES STAFF PRESENTATION.
APPLICANT IS HERE TO ANSWER ANY QUESTIONS.
UH, LET'S HAVE THE APPLICANT COME FORWARD.
ASHLEY FAIRMONT, KILLING GRIFFIN AND FAIRMONT 1 0 1 0 1 REUNION PLACE.
I'M GONNA KEEP MY COMMENTS VERY SHORT.
CHRIS IS THE OWNER OF THIS PROPERTY AND HE WILL BE MAKING THE MAJORITY OF THE PRESENTATION.
UM, I JUST WANTED TO MAKE A FEW INTRODUCTORY COMMENTS.
UM, THE, THE PERMIT WAS REVOKED AS YOU HEARD, BECAUSE HOT TAXES WERE NOT PAID.
UH, THAT HAS BEEN REMEDIED AND, AND WE KNOW THAT THAT IS NOT A DEFENSE, BUT WE DO THINK IT IS AN EXPLANATION AS TO WHY WE'RE HERE TODAY.
UH, CHRIS HAS, HAS REMEDIED THAT HE DID NOT REALIZE THE HOT TAXES WERE NOT BEING PAID.
AGAIN, WE UNDERSTAND THAT'S NOT A DEFENSE, BUT THERE IS AN EXPLANATION AND CHRIS CAN WALK YOU THROUGH ALL OF THAT.
UM, THERE WE DON'T FEEL THAT THERE WAS AMPLE TIME THOUGH TO CURE THAT.
SO THERE IS A 90 DAY REQUIREMENT IN CODE TO BE ABLE TO CURE HOT TAXES NOT BEING PAID.
AND CHRIS WASN'T GRANTED THAT OPPORTUNITY, UH, WAITED THE YEAR.
IT WAS REVOKED IN DECEMBER OF 2022, WAITED THE YEAR.
UH, BUT WHAT HAPPENED IN THE INTERIM WAS ON JANUARY 1ST, 2023, CODE CHANGED.
AND SO THIS PERMIT WAS INITIALLY GRANTED AND MET THE DENSITY REQUIREMENTS AND HAD AN STR OPERATING HERE FOR, FOR A COUPLE YEARS.
AND WHAT HAPPENED THOUGH WAS WHEN THE UDC WAS UPDATED, THEY ADDED THE PROVISION ABOUT ROUNDING.
UH, AND WE ALSO HAVE DOCUMENTATION, I'M NOT SURE IT'S CORRECT, THAT THERE ARE ONLY EIGHT UNITS ON THE BLOCK FACE.
UM, WHEN IT WAS INITIALLY ISSUED, THERE WERE 13.
AND SO THAT WOULD PUT IT AT 15%, BUT YOU WERE ALLOWED TO ROUND AT THAT TIME.
AND SO THAT'S WHY THERE WAS A PERMIT.
SO THERE HAVEN'T BEEN ANY ADDITIONAL STR ON THAT BLOCK ISSUED IN THE INTERIM.
SO THAT CONDITION HAS NOT CHANGED.
THERE'S JUST BEEN A CLARIFICATION ADDED TO CODE.
SO YOU ARE ALLOWED NOW TO RENEW THOSE PERMITS IF YOU WERE GRANTED BASED ON THE ROUNDING.
HOWEVER, BECAUSE OF THE REVOCATION THAT HAPPENED A COUPLE WEEKS BEFORE CODE CHANGE WE'RE NOT ABLE TO APPLY FOR OR WE DENIED THE NEW PERMIT.
UH, SO WITH THAT, I'LL LET CHRIS KINDA GIVE YOU THE EXPLANATION OF, OF WHY WE'RE HERE, BUT WE DO THINK IT IS A SPECIAL CIRCUMSTANCE THAT WARRANTS THE GRANTING BEFORE YOU GO.
SO JUST TO BE CLEAR, THE SECOND STR AND THE BLOCK FACE AS WELL AS THE SUBJECT PROPERTY WHERE WE'RE OPERATING AT THE SAME TIME.
UH, AS ASHLEY SAID, YEAH, I, THE WHOLE REASON THAT THIS EVEN BEGAN IS BECAUSE I DIDN'T PAY THE HOT TAXES.
UM, THERE'S MANY, MANY REASONS FOR IT.
UH, I CAN GO INTO LONG EXPLANATION ON IT AND IF ANYONE HAS ANY QUESTIONS ABOUT IT, I CAN EXPLAIN.
BUT THE BOTTOM LINE IS THAT WE DIDN'T, I DIDN'T PAY THE TAXES ON IT.
UM, MY TOPIC OF CONTENTION, AND BELIEVE YOU ME, I'VE BEEN, I I ONLY DO HISTORIC PROPERTIES, SO I'VE BEEN IN THIS ROOM IN FRONT OF THE COMMISSIONERS MANY, MANY TIMES.
UM, I WOULD NOT BRING SOMETHING TO YOU UNLESS I THOUGHT THAT I HAD A FIRM FOUNDATION AND A, UM, I'M PRAYING FOR A POTENTIAL RARE
[00:40:01]
EXCEPTION TO, UH, THE STR DENSITY LIMIT.UM, SO THERE'S FIVE KEY POINTS THAT I'M GONNA TRY TO MAKE TO YOU GUYS TODAY AND, AND HOPEFULLY, UM, KIND OF SEE EYE TO EYE ON THAT.
UH, IF YOU WOULDN'T MIND GOING TO THAT, THIS IS THE SUBJECT PROPERTY.
UM, TO THE LEFT, OBVIOUSLY THE BEFORES, THAT'S WHEN I FIRST PURCHASED THE PROPERTY, UH, AS ARE MOST, UH, THESE, UH, VACANT HISTORIC, UM, HOMES.
THEY, THEY'RE IN NEED OF SOME HELP.
UM, AND SO THAT'S A QUICK OUTSIDE OF THE BEFORE AFTER, FROM, UH, I THINK IT WAS ABOUT A YEAR LONG PROJECT THAT I, THAT I SPENT REHABBING, THAT I DO DESIGN ON 'EM FROM START TO FINISH MYSELF.
UM, I GO THROUGH ALL THE PROPER PERMITTING WITH OHP.
LIKE I SAID, I'VE BEEN UP HERE MANY, MANY TIMES.
UM, BUT THAT'S THE BEFORE, AFTER ON THAT ONE.
UM, SO INITIALLY, UH, I RECEIVED, AND THE VERY FIRST CONTACT I HAD ABOUT, UM, THE ISSUE ON THIS PROPERTY WAS A, UH, NEXT SCREEN PLEASE, WAS A REVOCATION EMAIL, UM, THAT CAME TO ME ON DECEMBER 21ST, 2022, UH, 1:30 PM YOU SEE THE TIMESTAMP THERE.
UM, AND THIS IS SAYING THAT IT'S BEEN, UH, THE PERMIT'S BEEN REVOKED DUE TO HOT TAXES NOT BEING PAID.
THERE AGAIN, I DO NOT, UH, DENY THAT THE HOT TAXES WERE NOT PAID.
UM, AND JUST A SIDE NOTE, SUBSEQUENT TO ALL OF THIS, THEY HAVE BEEN CAUGHT UP.
I MEAN, I PAID, I DUNNO, OVER $16,000 IN HOT TAXES TO CATCH THE PROPERTY UP.
UM, AND SO, AS YOU CAN SEE HERE, UH, WITHIN EIGHT MINUTES OR SO, I RESPONDED IMMEDIATELY TO DSD AS I THINK ANYONE WOULD, UM, WHEN, WHEN ONE OF YOUR, IF SOMETHING LIKE THIS HAPPENED.
UM, AND BASICALLY SAID I HADN'T RECEIVED ANYTHING FROM THE CITY, NO NOTIFICATION ABOUT THE HOT TAXES.
UM, AND IT JUST CAME WITH THE REVOCATION.
SO AT THE TIME, I, I DIDN'T KNOW ANYTHING ABOUT THE PROCESS.
I DIDN'T KNOW ABOUT THE 90 DAYS, UM, OPPORTUNITY TO, UH, TO BRING THE PROPERTY COMPLIANT.
UM, OF COURSE, OVER THE PAST YEAR AND WORKING WITH ASHLEY, I'VE, I'VE COME TO KNOW THE ORDINANCES A LOT, A LOT MORE INTIMATELY NOW.
UM, BUT YEAH, I'VE RECEIVED THAT IMMEDIATELY RESPONDED.
UM, AND RESPONSE FROM DSD IS GIVING ME THE CODE, BASICALLY TELLING ME THAT IF NOT PAID WITHIN 90 DAYS OF THE DELINQUENCY NOTICE, THEN, UH, REVOCATION IS POSSIBLE.
I SAY, HEY, NOBODY SENT ME ANY MAIL.
I HAVEN'T RECEIVED ANYTHING ABOUT, UH, UH, HOT TAXES NOT BEING PAID ANY NOTICES.
UM, LOGAN OVER AT DST REFERS ME TO THE FINANCE DEPARTMENT.
I REACH OUT TO THE FINANCE DEPARTMENT.
FINANCE DEPARTMENT REFERS ME BACK TO DST.
UH, THIS IS KIND OF A COMMON THEME THROUGHOUT THE PAST YEAR, EACH TIME THAT I'VE REACHED OUT AND, UH, TRIED TO, TRIED TO WORK WITH THE CITY ON, ON TRYING TO FIGURE THIS OUT.
SO THESE ARE JUST KIND OF, UM, SORRY, THIS IS, SO AFTER THE REVOCATION EMAIL, UH, THE DAY AFTER I RECEIVED THE LETTER, WHICH SHOULD HAVE BEEN DATED MUCH EARLIER TO ALLOW FOR THE 90 DAYS PRIOR TO THE REVOCATION.
UM, YOU'LL SEE THAT THIS ONE IS DATED DECEMBER 13TH, 2022.
YOU MIND THE REVOCATION EMAIL WAS DECEMBER 21ST, 2022.
SO I ACTUALLY RECEIVED THIS, I HAVE IN MY NOTES THAT I RECEIVED IT ON THE 22ND, WHICH IS THE DAY AFTER THE REVOCATION EMAIL.
UM, IN THIS IT SAYS, UH, THE CITY WILL EVALUATE REQUESTS IF SUBMITTED IN WRITING OR EMAIL.
AND LIKE I SAID BEFORE, I HAD ALREADY REACHED OUT TO THE CITY WITHIN EXTREMELY TIMELY FASHION, EIGHT MINUTES, UM, REQUESTING CLARIFICATION ON, UH, KIND OF EVERYTHING THAT WAS GOING ON WITH THIS.
AND, UM, AND OF COURSE YOU SAW THEIR RESPONSE.
SUBSEQUENT TO THAT, LIKE I SAID, I'VE, I'VE BECOME, UH, A LITTLE BIT MORE INTIMATE WITH THE ORDINANCES IN THE CODE, KIND OF GOING THROUGH AND BACK AND FORTH, TRYING TO FIGURE OUT WHERE I FAILED IN THIS SCENARIO AND HOW TO, UH, RECTIFY THE SITUATION.
UM, YOU KNOW, I WILL STILL GO BACK TO, UH, THIS SECTION OF CODE WHICH SAYS, YOU KNOW, OBVIOUSLY FAILURE TO, TO PAY YOUR HOTEL TAXES IN A TIMELY MANNER, UH, COULD REVOLT RESULT IN A REVOCATION, UM, IF NOT, UH, BROUGHT THE ARREARS ARE NOT BROUGHT UP, UH, WITHIN 90 DAYS, WHICH I WAS NOT, UH, PROVIDED.
UM, ALSO THE NEXT SECTION OF CODE, WHICH STATES THAT THE DIRECTOR SHALL GIVE WRITTEN NOTICE TO THE OWNER OPERATOR REGARDING THE REVOCATION.
WHILE THEY DID GIVE NOTICE, UH, THE NOTICE CAME SUBSEQUENT TO
[00:45:01]
THE ACTUAL REVOCATION.UH, UH, ALSO, ACTUALLY, I JUST LEARNED THIS RECENTLY, IF YOU WOULDN'T MIND GOING TO THE NEXT, UM, THAT THERE IS ALSO AN APPEALS PROCESS WITH THIS.
AS MANY TIMES AS I SPOKE WITH DSD AND THE FINANCE DEPARTMENT, I WAS NEVER PRESENTED THE APPEALS PROCESS.
UM, I HAD NOT, I DIDN'T KNOW ANYTHING ABOUT IT.
SO, UM, ANYWAYS, ONCE AGAIN, I JUST WANNA SAY I UNDERSTAND WOULDN'T BE HERE IF I HAD PAID THE HOT TAXES.
HOWEVER I AM IN THIS SITUATION, I WOULD WOULD'VE APPRECIATED THE, UM, WHAT THE ORDINANCE STATES AS THE 90 DAYS TO RECTIFY THE SITUATION AT WHICH TIME I ABSOLUTELY WOULD HAVE.
UM, AS WE'LL SEE HERE SHORTLY, THESE HISTORIC PROPERTIES ARE, UH, THEY'RE A PASSION OF MINE, BUT THEY'RE A HUGE FINANCIAL BURDEN.
UH, BY NO MEANS DO I WANT TO RISK THAT I DID, UH, KIND OF UNBEKNOWNST TO ME BY NOT PAYING THE HOT TAXES, BUT, UM, I HAVE MADE IT, MADE IT RIGHT AND, UH, TRYING TO STILL MAKE IT RIGHT.
SO, UH, LIKE I MENTIONED, UM, BEFORE I WAS IN COMMUNICATION WITH DSD FOR MONTHS, UM, AND, UH, LETTING 'EM KNOW THAT, HEY, I DON'T THINK PROPER PROCEDURE HAD BEEN FOLLOWED IN REGARDS TO NOTIFICATION.
THEIR RESPONSE TO ME IS, UM, I REACHED OUT TO THE FINANCE DEPARTMENT WITH REGARD TO YOUR CONCERNS, AND THEY CONFIRMED THAT THEY SENT OUT NOTICES IN ACCORDANCE WITH OUR PROCEDURES.
I STILL, AGAIN, CONTINUALLY WENT BACK TO 'EM AND SAID, NO, ACTUALLY, I DON'T THINK YOU DID.
AND SAID, I WAS NOT PROVIDED THE 90 DAYS.
I TRIED TO PRESENT MY CASE TO THEM, GIVING THEM THE COUPLE NOTICES AND THE DATES, AND EVEN THE NOTICE THAT THEY SENT ME HERE WAS THE ONE AND ONLY NOTICE THE ORIGINAL NOTICE THAT WAS DATED DECEMBER 13TH THAT I RECEIVED THE DAY AFTER THE ACTUAL REVOCATION.
SO, PROPER NOTICE WAS NOT GIVEN IN THIS INSTANCE.
UM, AND SO, BUT I, I DON'T KNOW WHY I COULDN'T, UH, CONVEY THAT THROUGH EMAIL.
AND THIS IS A MATTER OF, IT WENT FOR A YEAR BACK AND FORTH.
UM, TALKING ABOUT THIS, THERE'S A CERTAIN POINT WHERE I HAD ASKED THEM TO KICK IT UP TO MANAGEMENT, TO SUPERVISORS.
UM, THEY SAID, SUPER SUPERVISOR DENIES IT.
I SAID, COULD YOU PLEASE JUST HAVE A SUPERVISOR CONTACT ME AT THEIR CONVENIENCE SO WE CAN DISCUSS WHY IT'S BEING DENIED.
I'M TRYING TO SHOW YOU CLEAR EXPLANATION AS TO, UM, THE KIND OF TIMELINE HERE.
AND THAT WAS MET WITH CRICKETS.
NEVER RECEIVED ANOTHER EMAIL AFTER THAT ONE.
SO THAT WOULD BE, UH, 0.1 IN WHICH I, I KIND OF HOW EVERYTHING STARTED.
NOW WE MOVE ON TO OTHER ORDINANCES IN REGARDS TO THE STR PERMITS AND SOME THAT I THINK SPECIFICALLY APPLY TO THIS SITUATION.
UM, THE, AND OF COURSE, I'VE BECOME INTIMATE WITH THESE BECAUSE I'VE GONE BACK AND FORTH THROUGH 'EM QUITE, QUITE OFTEN HERE RECENTLY.
SO, THE, UH, HISTORIC SPECIAL EXCEPTION, LIKE I SAID BEFORE, THESE HISTORICS ARE EXTREMELY TIME CONSUMING EXTREME FINANCIAL BURDENS TO, UH, RESTORE THESE PROPERTIES.
UM, IT'S NOT FOR THE FAINT OF HEART.
I HAVE ONE AND ANOTHER ONE IN LAVACCA THAT TOOK ME AN ENTIRE YEAR WORKING WITH OHP AND BEING IN FRONT OF COMMISSIONERS FOR HDRC TO GET THE APPROVAL ON, UM, THAT IN ITSELF, JUST THE HOLDING COSTS ON THAT, WHICH, UH, WERE RIDICULOUS.
ABOUT $60,000 FOR THAT YEAR, GOING BACK AND FORTH, TRYING TO GET APPROVAL.
UM, I MET ALL THEIR REQUIREMENTS AND THEY DID APPROVE THAT.
ONE POINT BEING IS THAT THESE, AS I'M SURE MOST KNOW, ARE VERY DIFFICULT TO NAVIGATE.
UM, AT THIS POINT, I WOULD CONSIDER MYSELF AN EXPERT ON HISTORICAL PROPERTIES.
UM, I AM FROM SAN ANTONIO, BORN AND RAISED, LIVED HERE MY ENTIRE LIFE.
I NEVER, FOR WHATEVER REASON, THE VERY FIRST ONE I DID OVER IN NUITY KIND OF SPURRED MY INTEREST.
AND SO, UH, I TOOK IT, RAN WITH IT, AND ALL I TOUCH IS HISTORICAL PROPERTIES.
I FEEL A, A HUGE NEED IN THE DOWNTOWN AREA.
UM, FOR THE REVAMPING OF THESE.
THERE WILL BE PEOPLE, UM, THAT WILL OPPOSE IT JUST TO OPPOSE THE STR 'CAUSE THEY, AND THAT WOULD BE MY FIRST INCLINATION AS WELL, IF I WAS A NEIGHBOR.
HOWEVER, AT SOME POINT, THESE HOUSES HAVE TO BE REFURBISHED.
THEY HAVE TO BE REHABBED AND BOUGHT, BROUGHT BACK TO THEIR GLORY.
SO I AM ONE OF THE ONES THAT THAT DOES THAT IN THE SAN ANTONIO AREA.
UM, I'VE DONE, I THINK ABOUT 15 TO DATE HISTORICAL PROJECTS, AND EACH ONE COMES WITH IT WITH ITS OWN DIFFICULTIES TO TRAVERSE.
UM, BUT IT IS, LIKE I SAID, A PASSION OF MINE.
UM, I FEEL AS THOUGH I AM CONTRIBUTING TO THE COMMUNITY.
LIKE IF THEY, IF THEY HAVE TO BE DONE, THEY'RE GONNA FALL DOWN AT SOME POINT IF SOMEONE DOESN'T TOUCH THEM.
SO FOR NEIGHBORS TO SAY, NO, WE DON'T WANT ANYONE TO COME IN AND REHAB
[00:50:01]
THEM, I GET IT.UM, LET'S, LET'S THINK ABOUT WHO WOULD REHAB THESE PROPERTIES.
YOU'RE GONNA HAVE A FAMILY COME IN, BUY A PROPERTY THAT THEY'RE GONNA HAVE TO SIT ON FOR A YEAR OR TWO WHILE IT GETS REHABBED.
YOU THINK THEY HAVE THE, UH, THE STICKTUITIVENESS AND THE GUMPTION TO GO THROUGH ALL OF THE, UM, PROCESSES WITH H-H-D-R-C-O-H-P, THE FINANCIAL, UH, ASPECT OF IT.
WHEN, WHY WOULD THEY DO THAT? WHEN THEY CAN FIND ONE THAT'S ALREADY DONE AND THEY DON'T HAVE TO GO THROUGH THAT HEADACHE? NOW I TAKE ON THE HEADACHE FOR ME.
I LOVE IT NOW, WHEREAS THE BEGINNING, I, I SAID, WHAT AM I DOING? UM, BUT YEAH, IT WAS, IT WAS QUITE, IT WAS QUITE AN EXPERIENCE, I SHOULD SAY.
UM, SO NOW I KNOW MOST OF THE PEOPLE IN OHP, UM, YOU KNOW, WHEN WHEN I HAVE A QUESTION ON, UH, COAS, ET CETERA, I GO TO THEM AND I SAY, HEY, WHAT DO YOU THINK ABOUT THIS? WE SPITBALL THINGS BACK AND FORTH, UH, THAT WAY THAT BY THE TIME I SUBMIT FOR THE COA ON IT, UM, IT'S USUALLY SOMETHING THAT STAFF RECOMMENDS.
AND I DON'T, I DON'T REALLY HAVE ANY PUSHBACK.
UH, LIKE I SAID, I'VE BEEN DOING THESE FOR A FEW YEARS NOW, AND IT IS, UM, I'VE KIND OF GOT IT DOWN.
SO, UH, YOU KNOW, THE HISTORICAL SPECIAL EXCEPTION, OBVIOUSLY DISTRESS STRUCTURE, THEY'RE ALL DISTRESSED, RIGHT? EVERY SINGLE ONE THAT I HAVE IS, IS TYPICALLY ONE THAT NO ONE ELSE WANTS.
SO, UM, IS IT VALUABLE ADDITION TO THE QUALITY AND CHARACTER OF THE CITY? ABSOLUTELY.
UM, THE NEIGHBORHOOD SPECIFICALLY AND THE NEIGHBORS, UM, SOME WOULD ARGUE, AND I THINK A LOT OF NEIGHBORS WOULD ARGUE THAT THE STR LIKE WE'VE HEARD AND Y'ALL HEAR ON EVERY, EVERY HEARING, UH, ARE A NUISANCE TO, TO THEM, RIGHT? WELL, I LOOK AT IT IN THE OPPOSITE WAY, LIKE WHEN YOU HAVE, UH, OUTSIDE OF BEING IRRESPONSIBLE WITH MY HOT TAXES, BUT WHEN YOU HAVE A RESPONSIBLE HOUSE OWNER THAT MAKES SURE THAT THAT PROPERTY IS KEPT UP AND DOES A PHENOMENAL JOB ON THE REHABILITATION, I THINK IT'S A HUGE BENEFIT TO THE NEIGHBORHOOD.
UM, YOU KNOW, IN MY PROPERTIES, I HAVE, UM, MAINTENANCE YARD MAINTENANCE THAT COMES BY EVERY WEEK.
I EVEN HAVE THE TRASH CANS CLEANED ONCE A MONTH.
UM, WE PUT UP CHRISTMAS LIGHTS FOR THE HOLIDAYS.
SO IT IS LIKE, WE'RE A NEIGHBOR, AND QUITE FRANKLY, I AM A SAN ANTONIAN AND I AM DOWN HERE AT THESE PROPERTIES ALL THE TIME.
I KNOW ALL MY NEIGHBORS, UH, AT EACH PROPERTY OF MINE.
WE ARE ON A MESSAGING PHONE CALL TYPE OF, UM, RELATIONSHIP.
AND SO, YEAH, HUGE, HUGE BENEFIT, I THINK TO MY NEIGHBORS IN THE CITY.
OTHERWISE, IT'S GONNA SIT LIKE IT.
UM, ALSO 0.3, UM, THE SHORT TERM RENTALS BEING THE ONLY ECONOMICAL, FEASIBLE WAY TO FINANCE THE PRESERVATION OF THE PROPERTY.
SO I HAVE ANOTHER ONE OVER IN TOBIN HILL CURRENTLY THAT, UM, I FOUND OUT I WAS NOT ELIGIBLE.
I, FIRST OF ALL, I WOULD NOT TAKE ON A PROJECT THAT MOST LIKELY THAT I WOULD NOT BE ELIGIBLE FOR A STR PERMIT ON.
UM, THIS ONE FOR EXTENUATING CIRCUMSTANCES, I'M NOT ELIGIBLE.
AND SO I GO TO PUT THE PROPERTY UP FOR SALE, CAN'T SELL IT, IT'S SITTING THERE.
I DON'T EVEN HAVE AN OFFER ON IT.
IT'S A BEAUTIFUL PROPERTY, ABSOLUTELY AMAZING.
AND THERE WAS A TON OF, UM, THOUGHT THAT WENT INTO THE PROPERTY, A TON OF EFFORT, A TON OF WORK, UM, OBVIOUSLY THE FINANCIAL ASPECT OF IT.
BUT NOW, BECAUSE I CAN'T GET THE SDR PERMIT ON IT AND I CAN'T SELL IT, WHAT DO I DO? SO, UM, I KNOW THAT'S NOT Y'ALL'S PROBLEM, BUT, UH, THERE IS A, THERE IS A, A DISCONNECT SOMEWHERE IN THIS STR PERMITTING PROCESS WITH DSD THAT I WOULD LIKE TO GET FIXED SO THAT WE DON'T RUN INTO THESE TYPE OF ISSUES AND I DON'T HAVE TO BE HERE IN FRONT OF YOU GUYS.
HOPEFULLY WAST NOT WASTING YOUR TIME.
UM, SO, UH, LET'S MOVE ON TO THE NEXT.
SO HERE'S, JUST TO SPEAK TO THE HISTORICAL BEFORE AND AFTER OF WHAT IT LOOKED LIKE WHEN I PURCHASED THE PROPERTY AND HOW MUCH, UH, THOUGHT WENT INTO IT AND THE DESIGN AND ALL THE FEATURES.
LIKE I SAID, I DO ALL DESIGN MYSELF FROM FURNISHING TO, UH, TO REHABBING THE PROPERTY.
SO, UM, EXTREMELY DILAPIDATED AND JUST TO SHOW YOU CREDIBILITY AND, UH, OF OTHER HISTORICS THAT I DO AND WHY IT IS SUCH A BENEFICIAL, UH, ENDEAVOR FOR ME AND THE CITY AND THE NEIGHBORHOOD.
HERE'S ANOTHER ONE IN KING WILLIAM THREE 20 CEDAR STREET.
UM, I DID, THIS IS A YEAR LONG PROJECT, UM, ABOUT A $600,000 REHAB ON THIS ONE.
UM, AND THEN NEXT ONE, UH, THIS ONE'S OVER IN GOVERNMENT HILL.
UH, SAME THING, EXTREMELY, UH, TIME CONSUMING, BUT THE RESULT, FANTASTIC.
I, MY PERSONAL OPINION, AND I HOPE YOU GUYS FIND THE SAME,
[00:55:01]
IS THAT IT IS A BENEFIT TO THE NEIGHBORHOOD, ESPECIALLY WHEN YOU HAVE AN STR OWNER THAT, UM, TAKES GREAT CARE OF THE PROPERTY, MAKES SURE IT'S WELL MAINTAINED, UM, STAYS IN CONSTANT COMMUNICATION WITH YOUR NEIGHBORS.UH, THAT WAY IF ANY ISSUES DID ARISE, THAT I COULD BE RIGHT ON TOP OF IT.
HOWEVER, I WILL SAY THAT IT'S EXTREMELY RARE THAT, UM, FOR ME TO HAVE ANY ISSUES AT THESE PROPERTIES.
I, I VET BECAUSE THEY ARE, UH, SUCH HIGH END QUALITY PROPERTIES.
I VET THEM AND MAKE SURE THAT, UH, I'M ONLY PUTTING PEOPLE, UH, OR ALLOWING PEOPLE IN THE PROPERTY THAT ARE GONNA BE, UM, GREAT GUESTS AND NEIGHBORS.
SO OBVIOUSLY THE SIX CONDITIONS, I BELIEVE, UM, YOU ALL READ THESE EARLIER.
I, I, I DON'T BELIEVE THAT I'M ENDANGERING PUBLIC SAFETY AS STAFF SAID IN THE ONSET.
I DON'T SEE HOW I COULD BE, UM, NO PUBLIC NUISANCE.
IT DOESN'T INJURE, UM, ANY NEIGHBORS FOR SURE.
I THINK IT ONLY ENHANCES IF YOU DRIVE DOWN THE STREET.
I THINK IT'S A, ONE OF THE BETTER LOOKING HOUSES ON THE STREET.
UM, DEFINITELY ONE OF THE MORE WELL MAINTAINED HOUSES.
UM, BUT ALL OF THESE APPLY, UH, IN MY OPINION TO, TO THIS PROPERTY SPECIFICALLY.
UM, THIS GOES TO CREDIBILITY AS, AS BEING A, A HOST.
UM, THIS PROPERTY SPECIFICALLY ON THE LEFT HAS 184 REVIEWS FOR ALMOST A, A PERFECT FIVE STAR.
UM, I STAY CONSTANTLY ON TOP OF MY GUESTS.
I STAY CONSTANTLY MAKING SURE THAT MY NEIGHBORS HAVE NO ISSUES WITH ANYTHING THEY KNOW.
IF THEY DO, IF THE TRASH CAN STAYS OUT FOR AN EXTRA DAY, CONTACT ME.
I'M GONNA MAKE SURE IT COMES IN.
UM, AND I THINK THIS JUST SPEAKS TO, TO HOW WELL I MAINTAIN AND TAKE CARE OF, UH, NOT ONLY MY GUESS, BUT THE PROPERTY AS WELL AS THE NEIGHBORHOOD.
UM, ALSO KIND OF IN CONCLUSION HERE, UM, THESE ARE THREE OF THE NEIGHBORS DIRECTLY AROUND ME.
UM, ONES THAT ARE TOUCHED BY THE PROPERTY, UH, RECOMMENDATIONS FROM THEM.
UM, LIKE I SAID, THEY, UH, THEY'RE ALL IN SUPPORT.
UM, MATTER OF FACT, MY NEIGHBORS HAVE, UM, AND DO ON OCCASION RENT THE HOUSE OUT FOR THEIR GUESTS AS WELL.
SO, UM, I WILL TELL YOU ODDLY ENOUGH THAT THE ONLY, THE ONLY ISSUE THAT I HAVE EVER HAD OR COME TO KNOW AT THIS PROPERTY IS FROM A NEIGHBOR THAT RENTED IT.
UM, AND WE KIND OF WORKED THROUGH IT.
AND I DON'T KNOW HOW THOSE NEIGHBOR'S RELATIONSHIP IS GOING RIGHT NOW.
I DON'T THINK IT'S ALL THAT GREAT.
BUT, UM, THAT IS THE ONLY TIME THAT I AM AWARE OF THAT I'VE HAD AN ISSUE WITH THIS PROPERTY.
SO, UM, YOU KNOW, SPEAKING TO THAT IN REGARDS TO THE NEIGHBORS BEING OPPOSED TO THE PROPERTY OR OPPOSED TO AIRBNB.
ONE OTHER THING OF NOTE THAT I WANTED TO SAY IS THAT, UM, YOU KNOW, IT IS KIND OF A BLESSING IN A WAY DEPENDING ON WHO'S LOOKING AT IT.
UH, FROM MY POINT OF VIEW, AND I TRY TO BE COMPLETELY BIASED HERE.
I KNOW I'M NOT BECAUSE I DO OWN THE PROPERTY, BUT WHEN LOOKING AT IT, IF YOU HAVE, SAY YOU HAVE THAT TERRIBLE NEIGHBOR, THE NEIGHBOR THAT, THE TWO NEIGHBORS THAT DON'T GET ALONG, YOU'RE STUCK WITH THAT NEIGHBOR.
UM, SAY IT'S A, A LONG-TERM LEASE A YEAR, RIGHT? WELL, IF YOU GET A BAD NEIGHBOR THAT LEASES THAT HOUSE FOR A YEAR AS A NEIGHBOR, YOU'RE STUCK WITH THAT TERRIBLE TENANT WITH AN STR AND ONE THAT'S WELL TAKEN CARE OF.
LIKE, I TRY STAY ON TOP OF MINE A COUPLE DAYS AND THEY'RE GONE.
I DON'T HAVE ANY ISSUES WITH MY, MY GUESTS BECAUSE I DO VET THEM PROPERLY.
I, I DO NOT LET PEOPLE STAY THAT HAVE NO REVIEWS.
I'M VERY COMMUNICATIVE WITH THEM.
I, AND SO I'M VERY RESPONSIVE.
SO I DO VET ANYONE BEFORE I ACCEPT TO RENT.
I DON'T JUST RENT TO ANYBODY BECAUSE THERE, AGAIN, I OWN THIS HOUSE.
I DON'T WANT MY PROPERTY TO BE, UM, DEGRADATED IN ANY WAY, JUST AS MUCH AS MY NEIGHBOR'S PROPERTY, SO.
SO, UM, I'M GONNA ASK A COUPLE, UH, QUESTIONS JUST TO GET, GET THEM OUT OF THE WAY.
UH, FIRST IS, WHEN DID YOU, WHEN DID YOU MAKE GOOD ON THE HOT TAX ARREARS? UH, THIS PAST YEAR, UM, WE WERE GOING BACK AND FORTH WITH THE COURT BECAUSE I DID GET A CODE OF COMPLIANCE VIOLATION AS WELL IN CONJUNCTION WITH THE, UM, REVOCATION.
SO, UM, WAS IN THE YEAR 2023 OR 2024.
UH, STAFF, UH, ON THE SPECIAL EXCEPTION FOR HISTORIC, WHO, WHO MAKES THAT DECISION? IS THAT OHP OR IS THAT DS
[01:00:04]
THIS IS A SPECIAL EXCEPTION TO ALLOW AN ADDITIONAL UNIT ON THE BLOCK FACE.NO, NO, THE, SO THERE'S AN, THERE'S AN HISTORIC EXCEPTION.
UM, IF YOU MEET CERTAIN TERMS THAT STAFF CAN, THE, THE APPLICANT SHOWED US, IS THAT STILL IN THE CODE? WE'RE GONNA NEED TO LOOK AT THAT ONE.
'CAUSE, UM, THE SHORT TERM RENTAL ORDINANCE THAT WE ARE TALKING ABOUT WITH THE DENSITY REQUIREMENTS, THAT'S WHAT OUR REGULATIONS ARE.
AND IF THEY'RE GOING OVER THAT, THEN IT'LL COME HERE TO THE BOARD OF ADJUSTMENT BECAUSE IT, IT, IT, IT, CAN YOU BRING UP THAT PAGE THAT THE APPLICANT SHOWED? BECAUSE I YEAH.
YEAH, SO I'M JUST, IT SAYS A SPECIAL EXCEPTION APPROVAL, MAYBE GRANTED, AND I DIDN'T KNOW IF THAT'S BY US OR IF THAT'S A, A, UM, DISCRETIONARY DECISION BY, BY SOMEONE IN, AT THE CITY.
I ANTICIPATE IT'S GONNA BE THE BOARD OF ADJUSTMENT.
THE ONLY ONE THAT CAN GRANT A SPECIAL EXCEPTION TO DENSITY REQUIREMENTS IS THE BOARD OF ADJUSTMENT.
SO THESE WOULD JUST BE JUSTIFICATIONS FOR SOMETHING THAT WE WOULD POSSIBLY APPROVE OR NOT APPROVE? THAT'S CORRECT.
IS THERE, IS THERE ANY PUBLIC COMMENTARY? ANYONE, UH, VOICEMAILS WANTS SIGN UP TO SPEAK? OKAY.
WHAT WE'RE WE'RE GONNA DO IS WE'RE GONNA LISTEN TO MANAM.
SO, SO CAN WE HAVE SOME QUESTIONS HERE FIRST, UH, THE APPLICANT, HE'S GONNA, I JUST WANTED TO HEAR THE SPEAKER OKAY.
UH, MISS MARCY NEWMAN, GOOD AFTERNOON.
I LIVE AT 3 0 2 CALLAHAN AVENUE IN THE LE BACA HISTORIC DISTRICT, AND I AM ONE OF THOSE PEOPLE WHO WENT THROUGH THE HDR PROCESS, HDRC, PROCESS AND RULES TO BUILD MY HOUSE.
NINE YEARS AGO, I DID MAKE THE EFFORT.
I LIVE NEXT TO TWO ST ONE CATEGORY CORNER BEHIND ME AT 2 33 LEE ONE DOWN THE STREET, TWO DO TWO DOORS AT THREE 10 CALLAHAN AVENUE, BOTH OF WHICH HAVE HAD MULTIPLE NOISE VIOLATIONS.
I AM OPPOSED TO ALLOWING STR PERMITS IN EXCESS OF THE ALLOWABLE LIMIT.
THIS OWNER HAD THEIR PERMIT REVOKED AND WAS STILL OPERATING AS AN STR AND WAS FOR A TIME NOT CURRENT ON HOTEL OCCUPANCY TAXES.
WHILE THERE ARE GOOD STR AND STR AND THEIR OWNERS, THIS ONE HAS STATED THEY FOLLOW MOST OF THE RULES, BUT HOT TAXES WERE DELINQUENT.
IT ALSO BEGS THE QUESTION, HOW DO THEY PICK AND CHOOSE WHICH RULES THEY FOLLOW? MANY OF THESE SDRS HAVE RESULTED IN MULTIPLE FLIPS WITHIN OUR HISTORIC LEVO NEIGHBORHOOD.
THEY ARE ARTIFICIALLY INCREASING HOME VALUE SINCE THEY OPERATE AS COMMERCIAL VENTURES IN A RESIDENTIAL NEIGHBORHOOD, BUT ARE STILL CONSIDERED RESIDENTIAL FOR TAX PURPOSES.
THESE FLIPS INCREASE IN PRICE EACH TIME, RESULTING IN HIGHER COMPS EVERY TIME MY PROPERTY COMES UP FOR TAX REVIEW.
BECAUSE THERE IS LITTLE OVERSIGHT OR CONTROL, MANY OPERATE ILLEGALLY AND DON'T PAY THEIR HOTEL OCCUPANCY TAXES.
THEY CREATE PARKING ISSUES IN SOME CASES, AND IT FALLS ON THE NEIGHBORS TO REPORT THE ILLEGALLY OPERATING.
MR. COMER STOOD BEFORE YOU TODAY AND SAID HE DIDN'T KNOW THE RULES, BUT IS STILL OPERATING THESE BUSINESSES ANYWAY.
AND GIVEN THE MANY, MANY PROPERTIES HE OPERATES AS ST, I STRUGGLE TO ACCEPT HE DIDN'T KNOW THE RULES AND THAT HE HAD NO KNOWLEDGE OF UNPAID TAXES.
I'M NOT CERTAIN ANYONE SHOULD BE OPERATING A BUSINESS LIKE THIS IF THEY DON'T KNOW WHAT THE RULES ARE.
EXCEEDING ALLOWANCES FOR THIS OWNER CREATES A PRECEDENT FOR THE NEXT ONE ON THAT BLOCK TO ASK FOR AN EXCEPTION.
AND THEN THE NEXT, AND THEN THE NEXT, WE AS A NEIGHBORHOOD WORK DILIGENTLY TO KEEP STR WITHIN THE LIMITS ESTABLISHED BY THE CITY, AND WE HOPE YOU WILL, TOO.
THANK YOU FOR YOUR CONSIDERATION.
UH, WHERE, WHERE IS YOUR PROPERTY RELATION TO THIS ONE? 'CAUSE CALLAHAN'S LIKE THREE BLOCKS AWAY.
AND, AND DO YOU HAVE ANY, OTHER THAN THE HOT TAX, IS THERE ANYTHING SPECIFIC ABOUT THIS PROPERTY THAT IS IN SOME THAT YOU KNOW ABOUT THAT YOU I DO.
SADIE STREET IS A VERY NARROW STREET.
IT'S ONE OF THE OLDEST IN THE NEIGHBORHOOD.
MANY OF THE HOUSES ALONG THERE DO NOT HAVE DRIVEWAYS.
THEY, IT, SADIE AND VANCE ARE BACK TO BACK.
THIS IS A VERY DENSE AREA FROM A BUSINESS PERSPECTIVE.
WE HAVE FIVE BARS ALONG PRESA, HANDS DOWN BAR, LUINE, NEAR DARK, THE HAVEN AND MCINTYRE'S, ALL OF WHICH COME BEFORE THE CITY REGULARLY BECAUSE OF THE PARKING ISSUES THEY HAVE CREATED WITHIN SADIE VANCE AND EGER, WHICH IS MY ACCESS POINTS TO MY HOME.
SO YES, I HAVE ISSUES WITH ALL THE ADDITIONAL PARKING THAT ST BRING TO THE NEIGHBORHOOD.
THERE MAY BE GOOD ONES, BUT I PARTICULARLY ACCEPT THIS ONE.
AND SAY, IF YOU'RE NOT GONNA PAY YOUR PROPERTY TAX, YOUR, YOUR HOTEL OCCUPANCY TAXES, IF YOU'RE NOT GONNA FOLLOW ALL OF THE RULES
[01:05:01]
WITHIN THE STR ORDINANCE, I DON'T WANT YOU OPERATING AS AN STR IN MY NEIGHBORHOOD.THE RULES WERE THERE FOR A REASON.
MRS. NEWMAN, UM, YOU SAID YOU WERE PART OF THE LAVACA NEIGHBORHOOD ASSOCIATION ASSOCIATION.
ARE YOU SPEAKING ON BEHALF? I AM NOT SPEAKING ON BEHALF OF THE NEIGHBORHOOD ASSOCIATION.
I'M SPEAKING ON BEHALF OF MYSELF AS A NEIGHBOR.
SO THE PROPERTY HAD BEEN OPERATING AS AN STR ALL THESE YEARS PRIOR TO LAST YEAR.
DID YOU HAVE THE SAME ISSUE WITH THAT, WITH THE PARKING AND SUCH BEFORE? YES.
THEY'VE, IT'S BEEN AN ISSUE IN THAT AREA SINCE ALL THESE BARS HAVE OPENED UP IN THE AREA.
WELL, AN ISSUE IN THAT AREA, I WANNA MAKE SURE THAT WE'RE BEING SPECIFIC TO THIS PROPERTY AND NOT ANOTHER PROPERTY THAT IS NOT DOING THEIR JOB.
I'M SPECIFICALLY OPPOSING THIS PROPERTY.
AND SO IF THEY, BUT AM SPECIFICALLY OPPOSING THIS ONE, AND IF THEY HAVE THEIR OWN ONSITE PARKING, DOES THAT CHANGE YOUR OPINION? AS LONG AS IT'S ADEQUATE FOR HOWEVER MANY GUESTS THEY HAVE.
IF THEY HAVE SIX GUESTS, THEY NEED TO HAVE SIX PARKING SPACES.
SO NO ONE IS ALLOWED TO LIVE ON SADIE STREET UNLESS THEY THAT NO, THAT'S NOT WHAT I'M SAYING AT ALL.
BUT I AM TELLING YOU THAT I'M OPPOSING THIS ONE AND THE ONE THAT'S RIGHT NEXT DOOR IS ALREADY OPERATING IS AN AIRBNB AND ALL OF THIS FALLS ON THE NEIGHBORS TO KIND OF ROOT THESE OUT.
IS THERE ANY OTHER QUESTIONS FOR THE SPEAKER OF HEARING NOS? HAVE THE APPLICANT COME BACK FORWARD? I HAVE SOME QUESTIONS.
UH, STAFF WOULD LIKE TO CLARIFY FIRST.
UM, THIS IS FOR A SPECIAL EXCEPTION FOR THE GOING TO THE BOA.
THIS IS NOT FOR APPEAL REVOCATION.
THE REVOCATION OCCURRED DECEMBER 12TH, 2022.
AND THIS 12 MONTH PENALTY HAS PASSED THAT HE'S STILL CURRENTLY LISTING THE PROPERTY DURING THIS REVOCATION PERIOD.
SO DOES IT MATTER THAT I, THIS IS FOR THE CITY.
SO SINCE THIS IS FOR A SPECIAL EXEMPTION BECAUSE IT'S A HISTORIC PROPERTY, DOES IT MATTER THAT HIS WELL, IT ACTUALLY SHOULD BECAUSE I BELIEVE, UH, WASN'T ONE OF THE ISSUES.
ONE OF THE, THE, UM, UH, ISSUES THING THAT SAID THAT YOU CAN'T HAVE HAD, UM, UH, A, A PROPERTY REVOKED.
IF YOU GO BACK, THERE WAS A, THERE WAS A PAGE OF QUALIFICATIONS FOR IT.
AND ONE OF THOSE QUALIFICATIONS WAS THAT, UH, YOU, THE OWNER HAD NEVER HAD HIS, HIS, UH, LICENSE REVOKED.
SO WE'VE GOT, SO, SO I WANNA MAKE SURE WE'RE CLEAR ON THIS SO THAT WE'VE, WE HEARD, UH, THERE'S AN HISTORIC SPECIAL, SPECIAL EXCEPTION, AND THEN THERE'S A GENERAL SPECIAL EXCEPTION WITH SIX TESTS.
IS THAT, UH, TRUE? THIS IS FOR A SPECIAL EXCEPTION FOR AN ADDITIONAL STR ON THE BLOCK FACE.
THIS DOES NOT RELATE TO LIKE THE HISTORIC ASPECT.
BOA IS THE ONE WHO, WHO APPROVES OR NO, I UNDERSTAND THAT.
BUT COMMISSIONER KAPLAN IS ASKING THAT WE SAW ANOTHER SECTION OF CODE THAT HAD SIX TESTS ON IT.
AND I'M TRYING TO FIGURE OUT, DO THEY, DOES HE NEED TO MEET ALL NINE OR DOES HE, OR DOES THESE THREE GIVE THE BOARD THE ABILITY TO LOOK AT PRIMARILY THE HISTORIC EXCEPTION IN REVIEWING THIS? WHAT, WHAT'S THE CRITERIA? WHAT IS OUR, OUR, WHAT IS OUR, OUR CHARGE, OUR CRITERIA, I GUESS IS WHAT I'M AT.
'CAUSE IT, WE DON'T REALLY, WE DON'T SEE A LOT OF THESE HISTORIC SPECIAL EXCEPTIONS COME BEFORE US.
THIS IS A, THIS IS JUST FOR DENSITY LIMITATION.
THIS HAS NOTHING TO DO WITH HISTORIC EXCEPTIONS.
SO THAT, I THOUGHT IT WAS HISTORIC.
BRING THAT CODE BACK UP PLEASE.
THE ONE THAT SAID THE HISTORIC SPECIAL EXCEPTION FALLS UNDER HISTORIC.
YEAH, NO, I BELIEVE, I BELIEVE BRING THE TEST THAT WE HAD SEEN WAS IN THE APPLICANT'S, UM, INFORMATION.
YEAH, PLEASE BRING THAT, THAT WHAT WAS PREVIOUSLY UP ON OUR SCREEN.
SO A SPECIAL EXCEPTION APPROVAL TO OPERATE ON A BLOCK PHASE, WHICH EXCEEDS A DENSITY LIMITATION.
SO THIS LOOKS LIKE A COMPLETELY SEPARATE TEST THAT WE CAN USE, UH, TO MAKE A DECISION WITH THAT HAS, UM, UH, THREE ELEMENTS ON IT.
AND I JUST WANTED TO MAKE SURE, HOW DOES THIS RANK IN COMPARISON TO WHAT WE WOULD TYPICALLY USE? WELL, SO TODAY WHAT IS ON THE AGENDA IS ABOUT DENSITY.
SO YOU'RE, YOU'RE, WE'RE LOOKING AT THE SECTIONS OF THE CODE ASSOCIATED WITH GOING OVER THE DENSITY LIMITS.
SO THEN WE'VE GOT THREE TESTS.
UH, THE RESTORATION OF HISTORIC, UH, LANDMARK OR STRUCTURES, A VALUABLE ADDITION.
IF THERE'S PROOF THAT IT'S THE ONLY ECONOMICAL, FEASIBLE WAY TO FINANCE THE PRESERVATION AND THE GRANTING OF A BOARD OF JUST APPROVAL WILL NOT ADVERSE TO RESIDENTIAL QUALITY OF THE NEIGHBORHOOD.
SO THOSE ARE OUR THREE CHARGES.
[01:10:01]
UH OH, UH, OKAY.'CAUSE WHAT? MY UNDERSTANDING, SO THAT'S NOT WHAT MY UNDERSTANDING IS.
SO MY UNDERSTANDING IS THAT TO GO THIS, THEY WOULD HAVE TO RE ADVERTISE IT BECAUSE THAT'S NOT WHAT WAS, YOU KNOW, BASICALLY THE INITIAL CHARGE.
THE INITIAL CHARGE IS, UM, ADDITIONAL ON THIS BLOCK FACE.
AND THIS WAS NOT PART OF THE DIALOGUE FROM MY PERSPECTIVE.
SO IF, IF, IF IT WAS ADVERTISED, THIS IS A QUESTION FOR LEGAL, IF IT WAS ADVERTISED, IS IT BEING AN EXCEEDING WHAT'S ALLOWED ON THE BLOCK FACE? DOES THIS SPECIAL EXCEPTION SUBSECTION H, IS IT JUST, DOES IT NEED TO BE ADVERTISED SEPARATELY? OR DO, IS THIS SOMETHING THAT WE JUST USED IT FOR OUR CONSIDERATION TODAY? UM, LET ME HOLD ON SEC.
I MEAN, I THINK IF IT WAS ADVERTISED AS A DENSITY, UH, EXCEPTION, AND THIS IS JUST A CRITERIA, A CRITERIA, I DON'T, I DON'T KNOW IF THAT REMOVES OUR ABILITY TO HEAR THIS TODAY.
ISN'T THERE MORE TO THIS? ISN'T THERE ANOTHER PAGE? IS THERE ANYTHING MORE TO SUBSECTION H THAN WHAT WE'RE SEEING ON THE SCREEN? THAT'S ANOTHER QUESTION THAT POPPED UP.
THE NEXT SECTION IS ABOUT NON-DISTRESSED STRUCTURES.
WHICH IS THE CURRENT CONDITION? 'CAUSE IT'S NON-DISTRESSED RIGHT NOW.
IT'S NOT DISTRESSED RIGHT NOW.
IT WAS DISTRESSED WHEN HE GOT THE ORIGINAL.
SO I MEAN THIS, SO LIKE, THAT'S ANOTHER ISSUE IS THAT TODAY IT'S NOT DISTRESSED, BUT THAT IS IT, IT'S ALL DENSITY.
I I HAVE A QUESTION THEN FOR THE APPLICANT THAT HAS NOTHING TO DO WITH THIS.
COMMISSIONER K, BECAUSE YOU HAD SAID THAT WE SHOULD ASK YOU WHY DIDN'T YOU PAY YOUR HOT TAXES? SO IN REGARDS TO, UM, WHAT ONE OF THE NEIGHBORS HAD MENTIONED RIGHT NOW ABOUT FOLLOWING THE RULES, IT'S NOT THAT I DID NOT KNOW THE RULES FOR HOT TAXES.
SO KEEP IN MIND THIS WAS, UM, MY FIRST SECOND STR PROPERTY, BOTH WERE SUBMITTED FOR STR PERMITS AT THE SAME TIME.
SO I'M NOT, I DON'T HAVE A LONG, LONG HISTORY OF STR.
RIGHT? SO WHEN YOU FIRST INITIALLY SIGN UP WITH AIRBNB, WHICH IS THE ONLY PLATFORM THAT I'M ON, THEY DO HAVE A SECTION ON THERE ABOUT COLLECTING THE HOT TAXES FOR YOU.
SO TO THE LAYMAN THAT HAD NEVER ACTUALLY BEEN A PART OF IT SAID, OH, FANTASTIC.
UM, SO FOR THE FIRST SIX MONTHS OUT WHILE HAVING THE PROPERTY, I WAS UNDER THE ASSUMPTION THAT THE HOT TAXES WERE BEING COLLECTED, THE STATE HOT TAXES WERE, AND THOSE WERE SUBMITTED.
UM, JUST NOT THE CITY HOT TAXES.
HOWEVER, UM, SO THAT'S ONE ASPECT OF IT.
AND LIKE I SAID, NOT TRYING TO MAKE EXCUSES.
I KNEW HOT TAXES WERE DUE REGARDLESS OF WHAT HAPPENED.
AND THAT'S WHY I DID EVENTUALLY PAY THEM.
UM, BUT THEN ALSO, I DON'T KNOW HOW FAR DOWN THIS RABBIT HOLE WE NEED TO GO.
I WENT THROUGH I, A REALLY BIG DIRTY DIVORCE.
AND IN THAT, UM, PART OF WHAT WAS DISCOVERED WAS THAT THAT SIDE, MY WIFE OR FORMER WIFE, UH, WHO WAS TAKING CARE OF THE AIRBNBS, I DID ALL THE CONSTRUCTION SIDE, THE, UM, DESIGN BOTH OUTSIDE AND IN ET CETERA, CONTINUED TO DO PROJECTS.
SOME TO SDR, SOME TO NOT, UM, FOUND OUT THAT THEY WERE NOT BEING PAID ALL RIGHT? AND SO WHEN I DID FIND THAT OUT, OBVIOUSLY WE'RE GOING THROUGH THE DIVORCE, PART OF THE DIVORCE, I GAVE UP ALL OF MY CASH, SO I HAD NO CASH.
UM, AND WE'RE TALKING HUNDREDS OF THOUSANDS OF DOLLARS.
I HAVE SEVERAL BUSINESSES HERE IN SAN ANTONIO.
LIKE I SAID, I'M A LIFELONG SAN ANTONIO.
UM, AND SO I KEPT ALL THE DEBT, THE PROPERTIES, SHE TOOK ALL THE CASH.
SO RIGHT THEN I WASN'T GOING TO EVERYBODY SAYING, HEY, LET ME PAY THOUSANDS, THOUSANDS, THOUSANDS, THOUSANDS.
HOWEVER, I WOULD HAVE FIGURED IT OUT LIKE I DID EVENTUALLY.
SO, UM, SO YEAH, STILL MY FAULT, REGARDLESS, UH, I DON'T, I MEAN, I TAKE FULL BLAME FOR IT.
I SHOULD HAVE BEEN MORE ON TOP OF IT.
AND I, I, YEAH, WE, WE, I, I UNDERSTAND.
WE, YEAH, KAPLAN, YOU HAVE THE FLOOR.
I HAVE A FEW MORE QUESTIONS NOW, NOW FOR THE CITY THEN.
SO HAS MR WHAT'S YOUR NAME? COOCH COKER.
MR. COKER IS MR. COKER CURRENTLY UP TO DATE WITH HIS TAXES? WE CAN'T CONFIRM.
THAT'S A FINANCE QUESTION ON THE STATUS OF HIS, OF HIS HOT TAXES.
WE JUST LOOK AT THE, WHETHER THEY HAVE A PERMIT, IF THEY'RE OPERATING AS A, OPERATING AS AN SER PERMIT, WITHOUT A PERMIT OR NOT.
BUT WE CAN CONFIRM MR. CHAIR, WE CAN CONFIRM THAT HE DOES HAVE CURRENT VIOLATIONS AND DOES HAVE A COURT HEARING THAT IS SCHEDULED FOR MARCH ON THIS PROPERTY.
[01:15:01]
MORE QUESTIONS? YEAH, YEAH.UM, MR. OR THE ATTORNEY, UH, SAYS THAT, OR DURING THE PRESENTATION ANYWAY, THE PRESENTATION SAID THAT THE NOTICE WAS SENT, WHAT IS IT, DECEMBER 13TH AND YOU RECEIVED IT THE 21ST.
CAN YOU CONFIRM THE CITY WHEN YOU SENT THAT AND, UM, YOU KNOW, HOW, WHAT, WHAT WAS ACTUALLY YOUR SIDE OF, OF THAT TRANS, UH, TRANSACTION? SO THE CITY, UH, FINANCE DEPARTMENT SENDS OUT THOSE NOTICES, AND THEN THE TEAM CAN ELABORATE ON WHAT TOOK PLACE AFTER THAT.
UM, SO STAFF REVOKED THE PERMIT DECEMBER 21ST, 2022.
BUT, BUT ONLY SENT A WEEK BEFORE.
SO ISN'T THERE, WASN'T THERE SOMETHING TO DO ABOUT, THERE WAS A CERTAIN TIME.
THERE IS THEN HE HAD 10 DAYS TO APPEAL, BUT HE DIDN'T GET IT TILL 10 DAYS AFTER IT WAS SENT.
THE DATE REFERENCED IS THE 90 DAYS.
THE PROPERTY OWNERS HAVE 90 DAYS TO MAKE THEIR HOT PAST DUE COLLECTIONS CURRENT.
AND IF THAT HAS NOT TAKEN PLACE, THEN WE HAVE THE ABILITY TO REVOKE.
AND THAT'S WHAT TOOK PLACE IN THIS SITUATION.
FINANCE DEPARTMENT IS NOT PRESENT TODAY AT THIS MEETING TO HELP CLARIFY WHEN THOSE LETTERS WENT OUT.
NOW, THE OTHER THING TOO, IS IT EVEN RELEVANT IF THEY'RE APPLYING FOR HISTORIC EXCEPTION, IS THAT, IS, IS WHAT WENT ON WITH THE HOT TAX IS RELEVANT TO THIS, WHAT WENT ON WITH THE HOT TAX? IF WE'RE, IF HE'S ASKING FOR A SPECIAL EXCEPTION, RIGHT.
AS A HISTORIC PROPERTY, DOES ONE HAVE ANYTHING TO DO WITH THE OTHER? WELL, THAT WOULD HAVE TO BE A DECISION THAT THE BOARD MAKES, BUT IN OUR OPINION, NO, BECAUSE TODAY IT IS ABOUT DENSITY.
SO NON-PAYMENT OF THE HOT TAX IS WHAT CAUSED THE PERMIT TO GET REVOKED.
THE CODE CHANGES WITH THE ROUNDING, SO THEREFORE HE HAS TO COME TO US.
'CAUSE OF THE DENSITY, THE HOT TAX, I THINK IS, IS ONLY IMPORTANT IF HE OWES HOT TAX AS A WAY FOR US TO CONSIDER.
BUT IT HAS, BUT THAT, THAT'S WHAT CAUSED HIM TO HAVE IT REVOKED.
I REV, IN REGARDS TO, IN REGARDS TO THE TIMING OF THE LETTERS, THE LETTER WAS DATED DECEMBER 13TH, 2022.
THE REVOCATION BY EMAIL CAME DECEMBER 21ST, 2022.
SO BECAUSE IT WAS DATED, THE SNAIL MAIL LETTER WAS DATED DECEMBER 13TH.
I DON'T KNOW WHAT THEIR POLICY IS ON HOW LONG IT TAKES TO SEND THAT OUT.
WE'LL, WE'LL, WE'LL HAVE WE, WE WERE AWARE OF ALL THOSE FACTS, BUT WE, I'M SURE THERE'S MORE QUESTIONS.
COMMISSIONER BEEZ, UH, MR. COKER.
SO I, IN YOUR PRESENTATION YOU HAVE MULTIPLE, UM, SHORT-TERM RENTALS.
WAS THIS YOUR FIRST IT WAS, YES.
THIS ONE AND ANOTHER ONE, UH, CONS, UH, COINCIDED WITH, UH, MY APPLICATIONS FOR STR PERMITS AT THE SAME TIME.
YOU HAD NO, YOU HAD NO, NO SHORT RENTALS, CORRECT.
AND THE SECOND ONE IS FOR STAFF.
SO DURING THE REVOCATION PERIOD FOR THE PAST YEAR, ARE YOU SHOWING THAT HE HAD SHORT-TERM RENTALS? YES.
HE'S TODAY, HE'S STILL CURRENTLY LISTING, HE ACTUALLY RECEIVED A VIOLATION WARNING ON MARCH 27, 23 OPERATING WITHOUT A PERMIT FOR THIS LISTING.
AND HE IS CURRENTLY GOING TO MARCH 26TH HEARING FOR THIS VIOLATION.
AND YOU HAVE COMMENTARY ON, ON THAT FROM NO, I, I WAS JUST GONNA SAY, SO WE'VE BEEN TO UNI MUNICIPAL COURT MULTIPLE TIMES ON THIS NOW.
THAT'S HOW I INITIALLY GOT INVOLVED.
AND THOSE HEARINGS, WE'VE HAD SEVERAL AND, AND WE HAVE DELAYED THEM IN THE ATTEMPT TO GET A NEW PERMIT.
UM, BUT NOW WE DID NOT REALIZE THAT CHRIS AND I DID NOT REALIZE THAT HE WOULD NOT BE ABLE TO GET THE NEW PERMIT AFTER THE YEAR.
SO THAT NEXT HEARING IN MARCH IS ACTUALLY WAITING TO SEE WHAT HAPPENS AT THIS MEETING.
ANY OTHER QUESTIONS FROM THE COMMISSION? YEAH, COMMISSIONER AMANDA.
AND THEN, SO, SO I KNOW LAST YEAR WAS A TOUGH YEAR FOR SELLING HOMES.
'CAUSE I, UH, TRIED TO AS WELL, AND, BUT WE DID, WE WERE SUCCESSFUL.
BUT I KNOW IN THE SAN ANTONIO EXPRESS NEWS, THEY DID TALK ABOUT IT BEING THE, ONE OF THE WORST YEARS IN DECADES FOR SELLING HOMES.
SO, UM, SO, SO DID YOU TRY ANY, DID YOU LOOK AT ANY OTHER OPTIONS WITH REGARDS TO LONGER TERM LEASING OR RENTING OF THAT PROPERTY? UM, I KNOW THE PREVIOUS CASE THAT WE JUST TALKED ABOUT, THAT WAS ONE OF THE THINGS THAT SHE TALKED ABOUT IS ALIGNING WITH BUSINESSES TO DO 30 DAY PLUS RENTALS AND, YOU KNOW, AND HAVING SUCCESS THERE.
SO, SO I DON'T KNOW IF YOU'VE HAVE, DID YOU TRY ANY OF THOSE OTHER OPTIONS? I HAVE NOT WITH THIS PROPERTY.
I HAVE HAD OTHER PROPERTIES WHERE I HAVE DONE THE LONG TERM LEASES, NIGHTMARE, NIGHTMARE.
UM, I DO NOT OPERATE THEM ANYMORE.
THE TENANTS WERE ABSOLUTELY TERRIBLE EVEN AFTER BEING VETTED ON THOSE BY THE PROPERTY MANAGERS.
UH, ONE IN PARTICULAR, WE SHOW UP DAY THAT THEIR LEASE IS UP AND COCKROACHES WERE FALLING FROM THE DOOR AS WE WALKED IN, UH, $15,000 WORTH OF DAMAGE TO THE HOUSE LATER.
I SAID, I AM DONE WITH THIS, ABSOLUTELY DONE WITH IT.
SO THIS BEING THE SHORT TERMS, IT ALLOWS
[01:20:01]
ME THE OPPORTUNITIES TO VET QUICK IN AND OUT.UH, IT'S A LOT CLEANER AND I'M ABLE TO MAKE SURE THAT THE, THE PROPERTY IS IN PRISTINE SHAPE.
SO, UM, WITH REGARDS TO THE OTHER PROPERTIES, ARE ALL OF YOUR OTHER PROPERTIES CURRENT OR ARE YOU ALSO, ARE WE GONNA BE HEARING MORE YEP.
ABOUT OTHER CASES? SO, SO THIS IS THE ONLY ONE THAT'S NOT, UM, OR I GUESS THAT'S, THAT'S FALLEN INTO THIS MENT? CORRECT.
AND THEN I'VE REBOUNDED, UM, BY CHANCE, DID YOUR, HAS YOUR EMAIL CHANGED OVER THE PAST TWO YEARS OR THREE YEARS WITH REGARDS TO NOT AT ALL SINCE YOU SUBMITTED THE FIRST ONE? NOPE, SAME.
SO I DO HAVE SOME QUESTIONS FOR CITY STAFF THEN.
SO, UM, SO, SO THERE WAS, SO, UM, SO WE DON'T KNOW NECESSARILY THE HISTORY OF WHAT THE FINANCE DEPARTMENT HAS DONE, BUT WE CAN MAKE AN ASSUMPTION THAT THREE MONTHS AGO, THREE MONTHS PRIOR TO THE REVOCATION, UH, OR, OR YES.
SO 90 DAYS PRIOR THAT AN EMAIL WAS SENT TO THE APPLICANT WITH REGARDS TO THIS PROPERTY, WOULD THAT BE A TRUE STATEMENT? BACK THEN? IT WOULD ALMOST CERTAINLY HAVE BEEN A MAILED NOTIFICATION EMAIL IS SOMETHING THE FINANCE DEPARTMENT HAS SWITCHED TO MORE RECENTLY.
SO FOR THE APPLICANT, HAS YOUR MAILING ADDRESS CHANGED IN THE PAST, UH, 90 DAYS, THE MAILING ADDRESS HAS NOT CHANGED.
A MATTER OF FACT, IF I MAY ADD A POINT TO THAT, I DID ASK THE CITY, UH, THE FINANCE DEPARTMENT IF THEY HAD SUPPLIED ANY OTHER NOTICES PREVIOUS TO THE ONE DATED DECEMBER 13TH, THEIR ONLY RESPONSE AND WHY IT WAS SO DIFFICULT TO COMMUNICATE BACK AND FORTH THROUGH EMAIL.
THEIR ONLY RESPONSE IS WE DID FOLLOW CURRENT, UH, PROPER GUIDELINES, AND THIS IS THE LETTER WE SENT, THE ONE DATED DECEMBER 13TH.
UM, ANOTHER QUESTION FOR STAFF WITH REGARDS TO THE, THE 10 DAY APPEAL PROCESS.
UM, SO, SO THAT TIME, WOULD THAT 10 DAY APPEAL HAVE OCCURRED, UH, FROM THE FINANCE DEPARTMENT OR FROM, UH, DSD? UM, WHEN IT IS THAT, THAT IT GETS SUBMITTED.
SO IT WOULD'VE BEEN STARTED THE DAY OF REVOCATION.
UH, AND ACTUALLY THERE IS A STATE LAW THAT EXTENDED THAT OUT TO 20 DAYS, BUT NO APPEAL WAS EVER FILED.
UM, REGARDING THE OTHER SHORT TERM RENTAL ON THE BLOCK MM-HMM.
HOW, HOW WE HAD TWO SHORT TERM RENTALS ON THE BLOCK AT THE SAME TIME.
SO THE INITIAL, UM, THE INITIAL APPROVAL WAS BY DSD, I MEAN, I SUBMITTED FOR A SDR PERMIT, LIKE I WOULD, LIKE ANYONE WOULD, AND THEY, UM, THEY SAID, HOLD ON, YOU KNOW, THERE'S SOMETHING PECULIAR WITH THIS STREET, LET ME CHECK IT OUT, GIMME A FEW DAYS.
SO THEY DID, THEY DETERMINED THAT THERE WERE 13 UNITS ON THAT STREET, NOT THE EIGHT THAT, UH, IS STATED UP THERE.
AND AT THE TIME, THE, UH, DENSITY LIMIT CALCULATION ALLOWED FOR, UM, ROUNDING UP TO THE NEXT POSSIBLE ONE.
SO WE WERE AT 1.75, I THINK IS WHAT THE CITY'S, UH, DST SAID 1.75.
SO THEY ROUNDED IT UP TO ALLOW FOR A SECOND ONE ON THAT BLOCK FACE.
SO THAT'S HOW I WAS GIVEN, UH, OR GRANTED THE INITIAL PERMIT.
SO ESSENTIALLY YOU, YOU CAN MAKE A KIND OF CASE THAT, THAT YOU WERE GRANDFATHERED IN A WAY, DS D'S STANCE.
IS THAT BECAUSE THE PERMIT WAS REVOKED? I DON'T FALL UNDER THE GRANDFATHER STATUTE.
UM, AND I UNDERSTAND THAT, BUT THERE, THAT'S WHY I'M, I'M KIND OF NOT LEANING IN ON THAT ONE AS MUCH AS THE, UM, PROPER PROCEDURES AS FAR AS THE, UH, REVOCATION PROCESS.
SO A QUESTION, UH, I HAVE IS, WHEN YOU GOT THIS PROPERTY, HOW LONG DID IT TAKE FOR YOU TO RENOVATE IT? LIKE, I'M TRYING TO FIGURE OUT YOUR TIME INVESTMENT.
LIKE A YEAR AT ONE YEAR? YEAH, IT'S A BIG PROJECT.
AND, AND, UH, WAS IT ON THE MARKET FOR A LONG TIME WHEN YOU PICKED IT UP? OR, OR WHAT? I DON'T RECALL HOW LONG IT WAS ON THE MARKET FOR.
UM, I'M NOT SURE THAT I EVEN LOOKED INTO IT.
WHAT I'M ASKING ABOUT IS, SO WE HAVE AS AN HISTORIC STRUCTURE.
AND I'M JUST TRYING TO FIGURE OUT THE SCOPE.
AND SO WITH IT, THIS HOUSE WAS, UH, TOOK A YEAR TO RENOVATE.
YOU WENT THROUGH THE SYSTEM CORRECTLY, WAS IT, ARE WE TALKING LIKE SIX FIGURES TO DO THIS? OH, YEAH.
UM, JUST THE RENOVATION BUDGET ITSELF WAS OVER 200 GRAND.
UH, WE DID ADD AN ADDITION TO THE BACKSIDE OF THE HOUSE, WHICH WAS APPROVED BY HDRC.
IT WAS A 400 SQUARE FOOT ADDITION TO THE HOUSE AS WELL.
AND HOW MUCH ON ONSITE PARKING DO YOU, DO YOU HAVE? WE HAVE PARKING FOR THREE SPOTS.
UM, SO WE, THERE WAS PREVIOUSLY NO DRIVEWAY.
I ADDED A DRIVEWAY THAT GOES ALMOST TO THE BACK, THE REAR OF THE HOUSE.
AND I, AND I NOTICED THAT, UM, YOUR, YOUR PART OF THE STREET, THE, THE SIGN THAT SAYS NO PARKING ON THAT SIDE DOESN'T START UNTIL FURTHER DOWN, TWO HOUSES DOWN.
SO IT IS A, IT IS ACCEPTABLE TO PARK ON BOTH SIDES OF YOUR STREET IS NOT VIOLATING ANY TRAFFIC CODE.
AND I WILL SPEAK TO THE YOUNG LADY BACK HERE TALKING ABOUT THE BARS AND EVERYTHING IN
[01:25:01]
THE AREA.UM, THE, THEY PARK ALL THROUGH THE NEIGHBORHOOD.
THEY PARK IN FRONT OF MY HOUSE.
MY NEIGHBORS COMPLAIN ABOUT IT.
UM, SO IT, IT BOTHERS ME ALSO.
SO, UH, ANY OTHER QUESTIONS? I DID, UH, MR. SO I WAS CURIOUS AS TO WHY, SO YOU RECEIVED THE REVOCATION YET, YOU WAITED A YEAR FOR THAT TIMELINE, RIGHT? NO.
IS THAT WHAT I'M HEARING? TO, TO FILE YOUR, YOUR, UM, YOUR APPEAL ON THE REVOCATION? OH, NO.
SO, UM, I RESPONDED IMMEDIATELY TO DSD WHEN THEY SENT ME THE REVOCATION WITHIN EIGHT MINUTES.
NOW IT SAYS, BECAUSE THEY WOULD NOT, UM, BACK OFF THE POSITION THAT THEY FILED THE RE OR FOLLOWED THE PROPER PROCEDURES FOR THE REVOCATION.
UM, THE REVOCATION STOOD REGARDLESS OF HOW MANY TIMES WE WENT BACK AND FORTH WITH THEM.
I WAITED TILL DECEMBER 21ST OF 23.
IMMEDIATELY THAT DAY I FILED FOR THE STR PERMIT THINKING THAT I WOULD GET MY STR PERMIT BACK.
ALL HOT TAXES WERE PAID, ET CETERA.
SO THAT'S THE ONLY REASON I HERE.
SO THAT WAS MY, MY CURIOSITY WAS SUCH THAT IF YOU WERE, YOU WERE CONTESTING THE REVOCATION, UH, WHY WAIT A YEAR? BUT, BUT YOU WERE THINKING THAT YOU WERE TRYING TO JUST MEET THIS PROCESS, THE CITY PROCESS TO THEN REAPP, YOU HAVE TO WAIT A YEAR, RIGHT, BUT IT'S REVOKED AND NOT APPEALED.
FROM, FROM THE DATE THAT A PERMIT IS REVOKED, WE APPLY A 12 MONTH PENALTY ON SUBSEQUENT APPLICATIONS.
SO NOW THAT, THAT, BUT HE WAS, BUT HE WAS CONTESTING THAT REVOCATION SO HE COULD HAVE CONTESTED IT THROUGHOUT.
THIS IS FOR A SPECIAL EXCEPTION, NOT AN APPEAL.
HE WAITED A YEAR, THEN HE SUBMITTED A NEW APPLICATION AND THEN WE DENIED IT.
REGARDING DENSITY LIMITATIONS.
YEAH, IT WAS DENIED BECAUSE ON JANUARY 1ST, 2023, THE ROUNDING THING CHANGED.
SO, UM, SO, UM, AS REPORTED WITHIN A FEW MINUTES AFTER HE RECEIVED THE REVOCATION NOTICE HE CALLED DSD.
AND, UM, I GUESS, WHAT IS THE WORKFLOW TO LET THEM KNOW ABOUT THE APPEAL PROCESS? I MEAN, IS THAT PART OF THE DIALOGUE? IS THAT, DO YOU HAVE NINE DAYS TO APPEAL OR IS THAT SOMETHING THAT THE APPLICANT WOULD'VE HAD THE KNOWN, UM, YOU KNOW, SO HOW DOES THAT WORK? 'CAUSE IT SEEMS, SOUNDS LIKE HE INITIATED A DIALOGUE AND WAS THERE FOLLOW UP A WITH THAT DIALOGUE WITH REGARDS TO AN APPEAL PROCESS? THE, THE DIALOGUE AFTER REVOCATION SEEMED TO FOCUS ON THE NOTICE.
WE PAIRED HIM UP WITH THE CITY'S FINANCE DEPARTMENT WHO ISSUES THOSE NOTICES.
THOSE DON'T COME FROM DEVELOPMENT SERVICES DEPARTMENT.
WE TAKE DIRECTION FROM THE FINANCE DEPARTMENT WHEN WE'RE TOLD THAT ACCOUNTS ARE 90 PLUS DAYS DELINQUENT AND THUS WE HAVE TO REVOKE THAT PERMIT.
I MEAN, WE CAN SEE IF WE HAVE ANY EMAILS.
I DON'T RECALL ANY COMMUNICATIONS ABOUT THE APPEAL PROCESS FOLLOWING THAT REVOCATION.
SO, UH, FOR STAFF, IS THERE, WAS THERE ANY, UM, UM, COMPLAINTS ON THE, ON THE OPERATING OF THE PROCESS, ANY POLICE CALLS? I NOTICED THAT THERE WASN'T THE, THE, THERE WAS NOBODY, UH, WITHIN 200 FEET IN OPPOSITION.
AND IS THAT STILL CORRECT? I DON'T, I DON'T HAVE ANY RECORDS OF COMPLAINTS WHILE IT WAS IN OPERATION.
I DO HAVE COMPLAINTS SINCE THAT IT IS OPERATED CONTINUOUSLY AS AN STR SINCE THE PERMIT WAS REVOKED.
AND THAT'S THE SUBJECT OF THE COURT CASE.
AND IS, IS THE, UH, WAS THERE ANYBODY WITHIN 200 FEET IN OPPOSITION OR THE NEIGHBORHOOD ASSOCIATION IN OPPOSITION? I NOTICED THAT I DIDN'T SEE ANY, WE DID NOT RECEIVE ANY NOTICES IN OPPOSITION.
UH, ANY OTHER QUESTIONS? YEAH, MR. UH, FOR THE CITY, HOW DID, UM, THE CITY COME TO BE AWARE THAT HE WAS OPERATING IT AS AN STR? WE PARTNER WITH A THIRD PARTY SERVICE CALLED AVENUE ANALYTICS, AND THAT ALLOWS US TO SEE EVERY TIME THE PROPERTY IS RENTED, HOW MUCH IT'S RENTED FOR REVIEWS, ET CETERA.
I THINK IT WAS ALSO IN THE APPLICANT'S PRESENTATION EARLIER, UH, A REVIEW FROM A WEEK AGO, UH, THAT THE PROPERTY HAS BEEN RENTED WITHOUT A PERMIT.
UH, IF THERE'S NO MORE QUESTIONS, COMMISSIONER BEEZ? YEP.
DID, UH, DID, UH, DID YOU SEEK ANY, ANY, UM, ANY RESPONSE FROM THE NEIGHBORHOOD ASSOCIATION? DID YOU TRY TO REACH OUT TO THEM? I DID.
UH, MELISSA SHIELDS WHO SPOKE EARLIER, UM, I DID SPEAK WITH HER AND SHE, I DON'T KNOW IF I'M SUPPOSED TO SHARE THIS OR NOT, BUT I, I DID SPEAK WITH HER.
SHE SAID SHE WOULD NOT BE IN OPPOSITION OF IT, BUT BECAUSE OF THE DENSITY LIMITS IN PLACE, SHE WOULD NOT PROVIDE A RECOMMENDATION EITHER.
SHE SAID THEY WOULD JUST NOT SAY ANYTHING.
AND THEN, UM, WITHIN THE PAST YEAR, HAS IT OPERATED AS A AIRBNB? IT HAS AND ALL THE HOT TAXES ARE UP TO DATE.
IF SO, IF THERE'S NOTHING ELSE, UM, WE'LL LOOK FOR A MOTION.
COMMISSIONER BEEZ, REGARDING CASE NUMBER BOA 2 4 1 0 3 0 0 0 6, I MOVE THAT THE BOARD OF ADJUSTMENT
[01:30:01]
GRANT A SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO SHORT-TERM RENTAL LIMIT, SITUATED AT 2 0 9 SADIE STREET, APPLICANT BEING CHRIS COKER.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 U UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY.
THE BOARD FINDS THAT THE REQUEST TO OPERATE AN ADDITIONAL SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY, OR WELFARE.
THERE IS NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY.
THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE.
THERE'S NOT APPEAR TO BE A REASON TO BELIEVE A PUBLIC NUISANCE WOULD BE CREATED IF AN ADDITIONAL SHORT-TERM RENTAL PERMIT WAS APPROVED.
THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH, UH, PROPOSED USE.
THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY STRUCTURE.
THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WILL SUBSTANTIALLY INJURE NEIGHBORING PROPERTY AS A TYPE TWO SHORT TERM RENTAL, ADEQUATE DE ADEQUATE UTILITIES ACCESS, ROAD, STORE, STORM, STORM, DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACULTIES HAVE BEEN OR ARE BEING PROVIDED.
THE SUBJECT PROPERTY PROVIDES OFF STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE.
E THE APPLICANT OR OWNER FOR THE SPECIAL EXCEPTION, DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES.
CONFIRMED CITATIONS OR ADJUDICATED OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITHIN ONE YEAR.
PRIOR TO THE DATE OF THE APPLICATION, THE APPLICANT DOES NOT HAVE ANY HISTORY OF REVOCATION, CITATIONS, OR CONVICTIONS FOR VIOLATIONS OF CHAPTER 16.
THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXEMPTION IS SOUGHT.
THE PRO THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO OTHER RESIDENTIAL WITH A PROPERTY OWNER PROVIDING OFF STREET PARKING AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY.
THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTIONS AND OF MOTION.
COMMISSIONER BENAVIDES, I AM NOT GOING TO BE IN FAVOR OF THIS.
I, I FEEL THAT, UM, THE DENSITY IS, ALTHOUGH HE, HE HAD HIS PER HIS PREVIOUS, UH, PERMIT REVOKED, I JUST FEEL THAT THERE'S TOO MANY VIOLATIONS ON THIS PROPERTY TO, TO MOVE FORWARD WITH THE PERMIT COMMISSIONER ZUNA AND CON CONTRARY TO THE MAKER OF THE MOTION, I WILL BE IN SUPPORT OF IT.
I THINK THERE WERE SOME COMMUNICATION GAPS WITHIN THE CITY PROCESSING THI UH, THIS, UH, YOU KNOW, THE NOTIFICATIONS I THINK THE APPLICANT HAS MADE, YOU KNOW, CURRENT ON, ON HIS HOT TAXES.
I THINK THERE IS A HUGE FINANCIAL, UH, LEAP OF FAITH AND BURDEN THAT HE TAKES IN, IN RENOVATING THESE TYPES OF PROPERTIES.
THE PERMIT HAD BEEN IN EXISTENCE, IT HAD BEEN OPERATING IN SHORT TERM FOR YEARS PRIOR.
UM, AND SO THIS IS NOT UNIQUE HERE WITH THE NON NON-PAYMENT OF HOT TAXES.
WE'VE SEEN, UH, THESE CASES BEFORE THE BOARD NUMEROUS TIMES WHERE, UH, THE ASSUMPTION WAS THAT THE BMB PLATFORMS WERE COLLECTING THE TAXES.
OF COURSE, THERE WERE ONLY COLLECTING THE STATE TAXES.
AND SO THIS IS NOTHING UNIQUE.
UH, THE APPLICANT MADE, UM, UM, PROVISIONS TO CURE THAT.
AND SO FOR THOSE REASONS, I'M SUPPORTING KAPLAN, COMMISSIONER KAPLAN.
YEAH, I'M, I'M AGREEING WITH COMMISSIONER BENAVIDEZ AND THAT I TOO WILL BE AGAINST IT.
THIS IS KIND OF A DIFFICULT ONE TO MAKE.
UM, WE HAVE HAD OTHER, UM, STR OWNERS COME IN ALSO WITH THE SAME PROBLEM ABOUT THE HOT TAXES, THINKING THAT, UM, UM, WE WAS GONNA PAY THAT WE'RE GONNA GET PAID AND THEY WEREN'T, AND WE TURNED THEM DOWN.
WE ALSO, UH, DENIED THE APPLICATION.
UM, ONE OF THE THINGS THAT DISTURBS ME IS THAT EVEN THOUGH YOU KNEW THE, UM, YOU HAD, UH, LOST THE, UM, STR PERMIT, YOU COULD CONTINUE TO DO IT.
AND, UM, I UNDERSTAND THAT THERE WAS FINANCIAL HARDSHIP THERE, WHICH IS FORCING YOU, BUT YOU KNOW, IT'S, IT'S LIKE ONCE YOU START NOT PAYING ATTENTION TO THE LAW AND THEN COME BACK FOR FORGIVENESS, YOU, YOU KNOW, WHAT STOPS YOU THE NEXT TIME THAT THERE'S A PROBLEM FROM DOING THE SAME THING.
SO, UM, I AM NOT GONNA BE COMMISSIONER BRAGMAN.
UM, I AGREE WITH COMMISSIONER OZUNA.
UH, I FEEL LIKE THERE'S TOO MANY ISSUES WITH HOW THE NOTIFICATIONS OF NONPAYMENT OF HOT TAXES, UH, WENT OUT.
[01:35:01]
THAT THERE'S NOBODY THERE AT THE MEETING FROM FINANCE TO ANSWER THESE QUESTIONS MAKES ME FEEL VERY UNCOMFORTABLE AS WELL.UM, AND THEN, UH, YOU KNOW, I HAVE ALSO QUESTIONS ABOUT IF HE'S CONTINUING TO, TO OPERATE AS AN AIRBNB, WHICH I DON'T AGREE WITH.
UM, HOW IS IT THAT HIS HOT TAXES ARE, ARE BEING COLLECTED? SO, UH, FOR ALL THOSE REASONS, UM, AGAIN, I AGREE WITH, UH, COMMISSIONER OZUNA ON THIS ONE.
UM, I'M GONNA BE IN SUPPORT OF THE APPLICANT AND I'VE GOT A NUMBER OF REASONS.
UH, I'M LOOKING AT THIS ON ITS OWN.
I'M TRYING NOT TO LOOK AT, GOD, THIS IS SO LOUD.
I'M TRYING NOT TO LOOK AT THIS, UH, FROM WHAT HAPPENED TWO YEARS AGO.
UM, HE IS BEFORE US ASKING FOR AN EXCEPTION TO EXCEED THE DENSITY LIMITS.
HE'S ASKING FOR IT TO BE BUMPED TO TWO.
THIS IS SOMETHING THAT IS A NEW CHANGE.
AND SO I HAVE TO LOOK AT HOW IS THIS GUY OPERATING AND, AND WHAT IS HIS BENEFIT OR NOT BENEFIT TO THE, TO THE AREA.
HE IS SPENDING AN OBSCENE AMOUNT OF MONEY TO BRING UP HOMES, TARGETING HOMES THAT ARE IN A HORRIBLE CONDITION.
WHAT A GREAT BENEFIT TO THE NEIGHBORS ON THAT STREET IN THAT BLOCK.
NOBODY WITHIN 200 FEET IS AGAINST IT.
THE NEIGHBORHOOD ASSOCIATION WHO HAS, WHO DOES SHOW UP, DIDN'T SHOW UP ON THIS BECAUSE THEY WANTED TO LEAVE IT UP TO US.
THEY, THEY, THEY'RE NOT IN OPPOSITION TO IT OR THEY WOULD'VE SAID SOMETHING.
UM, ALSO HE HAS ONSITE PARKING.
AGAIN, NOT A BURDEN LIKE EVERYONE ELSE.
THE TESTIMONY WE HEARD FROM CITIZENS, UH, APPARENTLY WERE AGAINST OTHER SD OPERATORS THREE BLOCKS AWAY, THAT, THAT MAY PERHAPS WERE DOING THINGS THAT WEREN'T BENEFICIAL TO THE AREA, BUT WE, BUT I, I, I CAN'T TURN DOWN THIS APPLICANT WHO IS DOING SUCH A WONDERFUL JOB AND TRYING TO BE AN OUTSTANDING PERSON.
UH, AND, AND IS, AND I KNOW THIS, THIS IS EXPENSIVE.
IT'S NOT LIKE, YOU KNOW, STR SHOULDN'T BE JUST BE LIMITED TO PEOPLE WHO ARE ROLLING IN CASH.
AND SO I THINK THAT, YOU KNOW, BASED ON HIS, HIS CONDUCT AND EVERYTHING HE'S DONE, UH, WITH HIS ST I I I WANNA PROMOTE THIS SORT OF, UH, ACTIVITY.
THIS GUY DOING IT, HE'S THE KIND OF PERSON THAT SHOULD BE DOING IT.
COMMISSIONER BEES AND THEN MANNA, ALTHOUGH I AGREE WITH EVERYTHING THE CHAIRMAN HAS JUST STATED, WE CANNOT AS A, AS A BOARD OVERLOOK THE FACT THAT HE HAS BLATANTLY DISREGARDED THE FACT THAT THAT PERMIT WAS REVOKED.
UM, HE IS RENTING IT OUT AS A SHORT TERM RENTAL COLLECTING TAX.
IS HE PAYING HOT TAXES? DO WE LET HIM GET A FREE PASS? HE HAS MULTIPLE, UH, SHORT TERM RENTALS IN THE CITY.
WHAT DOES THAT SAY ABOUT THE BOARD WITH ALLOWING SOMEONE LIKE THIS WHO HAS, THE CITY HAS CONFIRMED HE IS, YOU KNOW, HE HAS A LAWSUIT OR, OR A COURT DATE PENDING? WHAT DOES THAT SAY TO US AND TO OTHER SHORT TERM RENTALS OUT THERE IF WE LET THIS PASS? WELL, I'LL, I'LL RESPOND TO THAT.
I MEAN, I, YOU KNOW, PEOPLE COME BEFORE US BECAUSE THEY ARE HAVING ISSUES WITH FOLLOWING THE CODE.
AND SO IT'S, IT'S, I HAVE TO LOOK AT THE PERSON'S CONDUCT.
I MEAN, WE HEAR, WE HEAR TESTIMONIES FROM SDR OPERATORS, UH, AND OTHER CASES WHERE THEY'RE, WHERE THEY'RE NOT DOING A RESPONSIBLE JOB.
AND IF THE NEIGHBORS DON'T MIND AND THE HOMEOWNERS ASSOCIATION DOESN'T MIND, AND HE HAS A LONG HISTORY OF TRYING TO DO A GOOD JOB, I, THAT'S WHY I'M SIDING WITH THIS PARTICULAR ONE.
AND I AGREE WE SHOULD LOOK AT HIS CONDUCT.
WE SHOULD ABSOLUTELY LOOK AT HIS CONDUCT AND HOLD, HOLD HIM RESPONSIBLE FOR IT.
COMMISSIONER MANNA, I PASS EZ.
YEAH, SO I, I WILL NOT BE IN FAVOR OF IT.
UM, IN REGARDS TO, YOU KNOW, WHAT, UH, COMMISSIONER BENAVIDEZ KINDA OF STATED THERE, BUT YOU KNOW, ALSO WHEN YOU'RE GETTING INTO THESE TYPE OF INVESTMENTS, WE UNDERSTAND THE RISK, RIGHT? WE KNOW THE RISK OF EVERY INVESTMENT, WHETHER WE PUT A LOT OF MONEY IN IT OR WE DON'T.
UM, THERE IS RISK INVOLVED, RIGHT? SO HA TO HAVE A STRATEGY BESIDES JUST AIRBNB FOR THIS PROPERTY, I THINK IS, IS KEY.
BUT, UM, SOMETIMES WE LOSE ON INVESTMENTS AND, AND THAT'S KIND OF WHERE I'M AT.
I I THINK IT'S GREAT WHAT HE'S DONE WITH THESE PROPERTIES, BUT I DON'T THINK AIRBNB'S THE ONLY WAY TO MAKE MONEY FROM THIS PROPERTY.
YOU WANT ANYONE ELSE LIKE TO ADD? YEAH, JUST FOR THE RECORD, I WILL SAY THAT I AGREE WITH THE CHAIRMAN'S UH, ANALYSIS.
IF THERE'S NO ONE ELSE, LET'S HAVE A ROLL CALL VOTE.
COMMISSIONER UNA? YES, I CONCUR.
COMMISSIONER BURTON? YES, I CONCUR.
COMMISSIONER KAPLAN? I DO NOT CONCUR.
COMMISSIONER BONNI? I DO NOT CONCUR.
COMMISSIONER DEAN? I DO NOT CONCUR.
COMMISSIONER CRUZ? I DO NOT CONCUR.
[01:40:01]
COMMISSIONER MANA? I DO NOT CONCUR WITH THE FINDINGS OF FACT.I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BONILLA? I DO NOT CONCUR.
CHAIR ORIAN? UH, I CONCUR WITH THE FINDINGS OF FACT.
MOTION FAILS SEVEN TO FOUR, MR. CHAIR? YES.
WOULD I, WOULD IT BE APPROPRIATE TO ASK THE PREVAILING PARTY IF WE COULD HAVE THE FINANCE DEPARTMENT COME IN, UH, TO PROVIDE SOME TIMELINES IF THAT WOULD HELP ON THE PREVAILING PARTY? OR IS THAT EVEN SOMETHING THEY WOULD CONSIDER? IT'S UP TO THE PREVAILING PARTY TO OFFER A MOTION ON THAT.
AND HEARING NONE MOTION TO MOVE FORWARD, WE HAVE, UH, THE MOTION FAILED.
SO PLEASE GET WITH STAFF IF YOU HAVE ANY QUESTIONS.
HAVE THE GREAT, IT DOESN'T WORK.
UM, RICHARD HERE, UH, PLANNER HERE WITH DEVELOPMENT SERVICES, UM, BOA CASE NUMBER BEING BO 8 24 1 0 3 0 0 0 9 LOCATED AT 2 2 3 5 3 0 CITY ROAD.
AND COUNCIL DISTRICT NUMBER ONE, UH, APPLICANT BEING GENESIS MIRANDA.
AND REQUEST FOR A VARIANCE TO ALLOW CORRUGATED METAL FENCE ALONG THE SIDE FRONT AND REAR PROPERTY LINES.
THE CURRENT ZONING RIGHT NOW IS I ONE GENERAL INDUSTRIAL.
UM, THE SUBJECT PROPERTY IS CURRENTLY LOCATED IN SUPERIOR CITY ROAD IN THE SOUTHWEST CITY IN THE SOUTH AREA OF THE CITY OF SAN ANTONIO.
PROPERTY OWNER BUILDING EIGHT FOOT PRIVACY FENCE MADE OF CORRUGATED METAL ON THE FRONT SIDE AND REAR OF THE PROPERTY.
THE PROPERTY IST ALLOWED TO HAVE AN EIGHT FOOT PRIVACY FENCE AT ITS AS IT IS AN INDUSTRIAL ZONED.
UM, HOWEVER, IT MUST BE BUILT WITHOUT ANY PROHIBITED MATERIALS UPON SITE STAFF VISITS.
UM, STAFF OBSERVED VARIOUS SIMILAR FENCES MADE OF THE SAME MATERIAL ALONG RIO CITY ROAD.
UM, THAT'S CURRENTLY AT THE SITE PLAN.
EVERYWHERE WE SEE A ONE IS THE WHOLE PERIMETER OF THE PROPERTY IS CURRENTLY, UH, MADE OF CORRUGATED METAL AND THE SUPERIOR CITY ROAD WILL BE ADJACENT TO IT.
UM, THAT IS CURRENTLY THE SUBJECT PROPERTY ITSELF.
UM, THE NEXT FEW PICTURES ARE GONNA BE PRETTY MUCH THE SURROUNDING AREA AND THE, THE FREEWAY CITY ROAD AREA LOCATION TWO.
UM, AND THERE ARE ALSO VARIOUS CORRUGATED METAL FENCES ALONG FE CITY ROAD.
UM, STAFF RECOMMENDATION FOR THE CORRUGATED METAL FENCE.
UM, STAFF RECOMMENDS DENIAL AND BOY 24 1 0 3 1 0 0 0 9 BASED ON THE FOLLOWING FINDINGS OF FACT.
UM, DURING NO UNIQUE CIRCUMSTANCES ON THE PROPERTY THAT MERIT DEVIATION FROM THE REQUIRED FENCE MATERIAL AND THE NOTIFICATION PLAN, THERE WERE FOUR NOTICES SENT OUT.
UH, THERE WERE ZERO IN FAVOR, ZERO IN OPPOSITION, AND THERE WAS NO RESPONSE FROM THE KATANA COMMUNITY NEIGHBORHOOD ASSOCIATION.
UM, THAT IS STAFF PRESENTATION.
THE APPLICANT IS AVAILABLE FOR QUESTIONS.
ALL RIGHT, HAVE THE COMMISSIONER MANNI, UM, WHAT BROUGHT THIS, UH, TO THE CITY'S ATTENTION? IT WOULD BE, UM, CODE ENFORCEMENT CASE.
SO, UM, WILL WE LIKELY SEE ALL THE REST OF THE BLOCK THEN AS WELL COMING FORWARD? YOU COULD SAY THAT, BUT IT WAS MOST LIKELY MORE NONCONFORMING.
WELL, LET'S, OKAY, WE, WE GOTTA GET OUT OF THE HABIT OF, UH, ASKING QUESTIONS FOR STAFF.
IT KIND OF DRAGS A MEETING OUT A LITTLE BIT, UH, UNTIL AFTER THE APPLICANT HAD A CHANCE TO, TO SPEAK.
UM, BUT GO AHEAD, COMMISSIONER CRUZ.
I, IT WAS JUST ONE LITTLE THING IS THIS IS IN DISTRICT FIVE, NOT ONE.
ALRIGHT, LET'S HAVE THE APPLICANT COME FORWARD.
TELL US ABOUT YOUR, UH, YOUR FENCE.
UM, WELL THERE'S NOT MUCH TO SAY.
I WENT BY WHAT I SAW IN THE, YOU KNOW, THE WHOLE, UH, RIO CITY ROAD.
THE MAJORITY OF THE PROPERTIES HAVE THAT KIND OF FENCE.
SO I DIDN'T THINK MUCH THAT THERE WOULD BE AN ISSUE.
UM, WHEN SUBMITTING MY APPLICATION, IT UM, IT GAVE ME THEIR, UH, PERMISSION.
IT SAID AN AUTHORIZED, UM, A PROFESSIONAL WAS AUTHORIZED
[01:45:01]
TO DO THE WORK ON, UM, DESIGNATED A PROPERTY.SO WITH THAT BEING SAID, I WENT AHEAD AND GOT MATERIAL AND, YOU KNOW, HAD PEOPLE START THE, THE FENCE LATER, LATER ON THE ROAD.
WELL, I GOT STOPPED AND I ENDED UP HERE
UM, DOES HE HAVE ANY QUESTIONS FOR THE APPLICANT OR STAFF? UH, KAPLAN, COMMISSIONER KAPLAN, WHEN DID YOU PUT THE FENCE UP? UH, WE DID IT, IT WAS LAST MONTH.
UM, THE APPLICATION, I DON'T HAVE EXACT DATES OF WHEN I SUBMITTED THE APPLICATION, BUT I STARTED ONCE THE APPLICATION SAID I COULD GET A, A PROFESSIONAL TO START WORKING IN THE DESIGNATED AREA.
SO IT WAS DONE LIKE VERY RECENTLY? YES, IT WAS IN, IN JANUARY.
I HAVE, UH, SORRY, THIS IS RACHEL PARRISH.
UM, THE APPLICATION DATE WAS JANUARY 9TH.
IT HAS NOT BEEN ISSUED A PERMIT YET AND STILL UNDER TECHNICAL REVIEW.
AND SO, UM, MY, MY QUESTION TO YOU IS, UM, WHAT IS, WHAT DO YOU USE THE PROPERTY FOR? BECAUSE RIGHT NOW I HAVE IT AS STORAGE AS I AM.
UM, BUT THAT'S JUST USED AS STORAGE IN THE FUTURE.
I DO PLAN TO TRY TO OPEN UP AS A MECHANIC SHOP IF IT'S PERMITTED, WHICH I THINK IT IS SINCE IT IS INDUSTRIAL ZONING.
SO WE'VE, WE SEE CORRUGATED METAL ONCE IN A WHILE.
UH, THE ONLY TIME I RECALL STAFF EVER RECOMMENDING APPROVAL OF IT WAS FOR METAL RECYCLING.
UM, IS THERE ANY OTHER USES THAT STAFF WOULD'VE HAVE HISTORICALLY OR IN THE PAST RECOMMENDED APPROVAL OTHER THAN A RECYCLING? IT'S THE CASE BY CASE BASIS, BUT IN GENERAL IT'S, UM, WE LOOK AT WHAT TYPE OF INDUSTRIAL USE AND YES, AS YOU MENTIONED BEFORE, WE, WE HAVE HAD A RECOMMENDATION FOR A METAL RECYCLER.
UM, WE'RE ACTUALLY LOOKING AT POTENTIALLY BRINGING IT UP IN THE NEXT UDC AMENDMENTS, UH, AS FAR AS FOR CONSIDERATION OF PER PERHAPS MAKING IT A PROHIBITED MATERIAL FOR INDUSTRIAL AREAS.
BUT THAT'LL BE SOMETHING THAT WILL HAVE TO BE LOOKED AT AT THAT TIME.
PROHIBITED OR ALLOWED? THAT WOULD BE ALLOWED, YES.
SORRY, MANNA COMMISSIONER MANNA QUESTION FOR THE CITY STAFF.
SO, SO WHEN AN APPLICANT COMES IN, SO THIS APPLICANT STATED THAT THEY CAME AND APPLIED FOR A PERMIT, UM, WHEN THEY COME IN, IS THERE, IS THERE LIKE AN OBSERVATION DONE, YOU KNOW, AROUND THE AREA, YOU KNOW, TO, YOU KNOW, FROM A HARMONIOUS PERSPECTIVE THEY'LL SAY YES, YOU KNOW, OFFENSES AND OH BY THE WAY, DON'T PUT IN THE METAL FENCE THAT'S NEXT DOOR.
UM, AS I GOOGLE DRIVE DOWN IT, YOU KNOW.
SO IS ANY GUIDANCE GIVEN OUTSIDE OF MAKE IT THE RIGHT MATERIAL? WELL I THINK WHAT HAPPENS IS THAT A LOT OF THE TIME THEY GET STARTED ON THE FENCE OR THEY SEE THE FENCES IN THE AREA AND THEY THINK THAT THEY ARE ALLOWED.
UM, SO THEY FIND THEMSELVES IN A SITUATION OF ASKING FOR FORGIVENESS RATHER THAN, UH, GOING THROUGH THE PROPER PERMIT CHANNELS.
SO, UM, WE, I MEAN OTHER THAN IT BEING LISTED IN THE CODE, UM, IT'S ONE OF THE ONLY PROHIBITED MATERIALS WE HAVE, UM, OTHER THAN UH, BARBED WIRE AND THOSE HAVE A DIFFERENT PROCESS AS WELL.
WELL, I GET, WELL MY QUESTION GOES BACK TO I GUESS, UM, YOU KNOW, WHEN AN APPLICANT COMES IN, DOES THE CITY LOOK AT, YOU KNOW, ADJACENT A BUDDING NEARBY PROPERTIES, YOU KNOW, JUST TO KIND OF GET A LOOK AND FEEL, YOU KNOW, TO GIVE, YOU KNOW, I GUESS ADDITIONAL DIALOGUE WITH THE APPLICANT THEMSELVES AS THEY COME THROUGH? 'CAUSE IT SEEMS LIKE, YOU KNOW, IN INDUSTRIAL AREAS WOULD BE, YOU KNOW, AN APPROPRIATE PLACE FOR THAT KIND OF DIALOGUE, RIGHT? RIGHT.
YEAH, BUT AGAIN, IT, YES, AND SO WHAT I WOULD SAY IS, I CAN'T SPEAK FOR THE PERMIT REVIEWERS, BUT I KNOW THAT OUR STAFF DOES LOOK AT PROPERTIES AS HOLISTICALLY AS POSSIBLE WHEN THEY COME TO THE COUNTER.
UM, I'M NOT SURE WHAT THEY DO AT THE PERMIT COUNTER, BUT I'M SURE IT'S VERY SIMILAR.
WE'RE ALL TRAINED PRETTY CLOSELY THE, IN THE SIMILAR WAY.
SO, UM, THAT'S DEFINITELY SOMETHING WE CAN BRING UP TO THEM WHEN THEY COME TO THE COUNTER.
COMMISSIONER KAPLAN, UH, I, I HAVE A QUESTION FOR THE APPLICANT.
UH, I SEE YOU'VE CAPPED OVER THE GATEWAY THERE.
WOULD YOU BE WILLING TO CAP THE, ONE OF THE THINGS THAT WHEN WE DO, UH, FENCES LIKE THIS GIVE PERMISSION IS WE ASK FOR THE TOP, UH, TO BE CAPPED.
WOULD YOU BE WILLING TO CAP THE TOPS OF THE FENCE? SURE.
SO WHAT WOULD HA SO I GUESS WHAT'S BEING ASKED OF YOU IS, WOULD YOU, UM, ARE, ARE YOU HAVE THE ABILITY TO AMEND YOUR APPLICATION AT THE PODIUM AND IF YOU, WE, WE CAN'T PUT CONDITIONS ON OUR APPROVALS, BUT IF YOUR APPLICATION, UH, WAS TO BE AMENDED TO INCLUDE A CAP, IT MIGHT, UH, SWAY PEOPLE ON THE COMMISSION.
SO I'LL LEAVE THAT UP TO, UH, TO YOU TO DECIDE HOW YOU WOULD LIKE TO PROCEED WITH THAT.
BASICALLY, YOU JUST HAVE TO SAY YOU'LL CAP IT.
I DON'T HAVE AN ISSUE WITH, WITH DOING THAT.
SO YOU, YOU, YOU AMEND YOUR APPLICATION TO, TO PROVIDE A CAP ON THE, ON THE CORRUGATED METAL FENCE? YES.
[01:50:01]
ANY OTHER QUESTIONS? HEARING NONE.UM, IS THERE ANY PUBLIC COMMENTARY OR VOICEMAILS? NO.
ALL RIGHT, SO WE'RE LOOKING FOR A MOTION COMMISSIONER KAPLAN.
REGARDING CASE NUMBER BO A DASH 24 DASH 1 0 3 0 0 0 IS THAT FIVE ZERO IS A 4 0 9
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A VARIANCE TO ALLOW A CORRUGATED MIDDLE FENCE ALONG FRONT AND REAR PROPERTY LINE SITUATED AT 2235 FRIO CITY ROAD, APPLICANT BEING JEANETTE GENESIS.
MIRANDA, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST IN THIS CASE, THE INTEREST IS REPRESENTED BY THE REQUIRED MATERIALS FOR CONSTRUCTING OFFENSE.
THE REQUEST IS NOT CON INTEREST AS SIMILAR STYLED FENCES ARE IN THE AREA.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
STAFF FINDS SPECIAL CONDITIONS ON THE SUBJECT PROPERTY THAT WOULD PERMIT AN EXCEPTION TO THE APPROVED FENCE MATERIALS.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS SUCH, UH, AS DEMOLISHING THE CORRUGATED METAL FENCE.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
THE FENCE DOES APPEAR TO OBSERVE THE SPIRIT OF THE ORDINANCE AS THERE ARE SIMILAR FENCES IN THE AREA.
FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS THE GRANTING OF THE VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS A BUSY ROAD.
YEAH, I'LL BE FORWARD THIS, ESPECIALLY THAT YOU ARE WILLING TO CAP IT.
UM, ONE OF THE THINGS THAT PARTICULARLY SWAYED BY IS THE FACT THAT THIS MAY BE A LEGAL USE AND THERE ARE OTHER FENCES SIMILAR TO THIS IN THE NEIGHBORHOOD.
SO YOU ARE NOT CHANGING THE LOOK OF THIS NEIGHBORHOOD.
COMMISSIONER MANNA? UM, I WILL, UH, I AGREE WITH MY COLLEAGUE AND, YOU KNOW, LOOKING, IT DOES LOOK LIKE A SIGNIFICANT PORTION OF THE NEARBY PROPERTIES USED AS SIMILAR MATERIAL.
AND THEN IT APPEARS, UM, WE DID NOT HEAR FROM, UM, AN A NEARBY BUSINESS, THE, THE VH UH, THE, UM, VHF UM, UH, CLUB.
SO, SO THEY WEREN'T OR DIDN'T EXPRESS, UH, DISPLEASURE.
SO I'LL YOU VOTING IN FAVOR? ALL RIGHT, ANYONE ELSE LIKE TO ADD? HEARING NONE, LET'S HAVE A ROLL CALL VOTE PLEASE.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER MANA, I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BURTON, I CONCUR WITH THOSE FINDINGS.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER DEAN, I DO NOT CONCUR.
COMMISSIONER BENAVIDES? I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER ZUNA? YES, I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
IF YOU HAVE ANY QUESTIONS, UH, YOU CAN GET WITH STAFF AND, UH, THANK YOU VERY MUCH.
ITEM NUMBER SEVEN I GOOD AFTERNOON.
ITEM NUMBER SEVEN, UM, BO A DASH 24 DASH 0 3 0 4.
UM, THE ADDRESS IS ARE GOING TO BE, UM, 1103 CRENSHAW WAY, 1102 ARTWAY.
ART WALL WAY 1103 ART WALL WAY, 1 3 5 1 FURICH DRIVE AND 1 3 2 0 3 FURICH DRIVE, UM, IS CURRENTLY LOCATED IN COUNCIL SIX.
NUMBER THREE, APPLICANT BEING TRAVIS SES.
UM, A REQUEST FOR A 15 FOOT VARIANCE FROM THE MINIMUM 20 FOOT EXTERIOR SIDE YARD, PUD VARIANCE TO ALLOW STRUCTURES TO BE FIVE FEET FROM THE SIDE
[01:55:01]
SETBACK.THE SUBJECT PROPERTIES ARE IN A NEWLY DEVELOPING SUBDIVISION LOCATED IN A SOUTH SIDE OF SAN ANTONIO.
A TOTAL OF FIVE SUBJECT PROPERTIES ARE SUBJECT TO THE VARIANCE THE APPLICANT IS, IS REQUESTED TO REDUCE THE SIDE SETBACK FOR THE SUBJECT PROPERTIES THAT ARE IN THE PERIMETER OF A PUD.
A PLAN UNIT DEVELOPMENT, UM, RESIDENTIAL, INCLUDING MULTI-FAMILY USES REQUIRE PERIMETER SETBACKS TO BE 20 FEET.
UM, THAT IS THE PUD ORDINANCE SITE PLAN.
UM, THIS SHOWS THE LOCATION OF THE PUD AND THE PERIMETER OF WHERE THE PROPERTIES ARE GOING TO BE LOCATED.
AND THE FOLLOWING SLIDES ARE GONNA BE ILLUSTRATING THAT.
UM, YOU CAN KIND, YOU CAN SEE WHERE THE HIGHLIGHTED AREAS ARE.
SOME OF THE PROPERTIES ARE IN SUBJECT.
THEY ARE LOCATED IN THE POD PERIMETER, WHICH DO REQUIRE THAT 20 FOOT EXTERIOR SIDE SETBACK BACK.
UM, THESE ARE THE FOLLOWING SLIDES ARE GONNA BE SITE PADS FOR EACH SUBJECT PROPERTY.
UM, FOR THIS ONE IT'S GONNA BE THE 1103 ART WALL WAY.
THIS IS FOR 1102 ART WALL WAY, 1103 CRENSHAW WAY, 1 3 2 0 3 FURICH DRIVE, 1 3 5 1 0 FURICH DRIVE AND SOME OF THE TRIP PROPERTIES.
SO THE SUBJECT PROPERTIES ARE ALL BEING DEVELOPED, SO THEY ARE ALL CURRENTLY VACANT LOTS.
UM, THE FOLLOWING PICTURES ARE GOING TO BE PICTURES OF THE NEIGHBORHOOD THAT'S BEING DEVELOPED.
STAFF RECOMMENDATION FOR THE SIDE SETBACK VARIANCES, UM, STAFF RECOMMENDS APPROVAL AND BO OA 24 1 0 3 0 0 4 BASED ON THE FOLLOWING FINDINGS OF FACT, UM, THE DWELLINGS HAVE NOT BEEN CONSTRUCTED AND THERE IS A LIMITED AMOUNT OF SPACE TO, UH, TO COMPLY WITH.
THE SIDE SETBACK TO DEVELOP ON THE REQUEST DOES NOT SEEM OUT OF CHARACTER FOR THE COMMUNITY AS OTHER STRUCTURES WILL BE DEVELOPED WITH SIMILAR SETBACKS.
UM, THAT IS THE NOTIFICATION PLAN SHOWING LOCATION OF EACH PROPERTY.
THERE WERE 35 NOTICES SENT OUT.
THERE WAS ZERO IN FAVOR, NONE IN OPPOSITION, AND THERE IS NO REGISTERED ASSOCIATION IN THE AREA.
UM, THAT IS THAT PRESENTATION AND THE APPLICANT IS PRESENT.
ALRIGHT, I SAID THE APPLICANT COME FORWARD AND IF, UH, I GONNA CLARIFY SOMETHING REAL QUICK.
IF YOU GO TO THE NEXT SLIDE, RICHARD.
SO THAT ONE WAS PART OF THE APPLICATION, BUT IT DOES NOT SEEM TO BE PART OF THE PUT ORDINANCE.
UH, WE, IT'S STILL ADVERTISED BECAUSE WE FOUND OUT LATE, BUT IT DOES NOT NEED TO BE PART OF THIS, UH, BECAUSE IT'S NOT PART OF THE PUD ORDINANCE.
SO SOME OF THE NEIGHBORHOOD IS ZONED R FIVE AND R FOUR.
UM, BUT THAT ONE'S NOT SPECIFIC TO THIS PUD.
SO, SO THE, SOME OF THESE, SO THIS IS A SUBDIVISION WHERE SOME'S IN A P AND SOME OF IT IS NOT.
THEY'RE ALL, THEY'RE ALL IN THE PUD UH OH YEAH.
YOU'RE THE SUBDIVISION ITSELF.
BUT THIS PARTICULAR AREA THAT YOU'RE LOOKING AT, UM, YOU'RE LOOKING AT THE PUD PLAN, BUT IT'S REALLY HARD TO SEE THAT 20 FOOT PERIMETER BECAUSE, YOU KNOW, THEY HAVE TO SCALE IT DOWN.
BUT, UM, WHAT MEKO IS SAYING IS THE 1 1 1 0 3 RIC DOES NEED, NO, I'M SORRY.
DOES NOT NEED TO BE INCLUDED IN THE REQUEST.
PLEASE TELL US YOUR NAME AND TELL US ABOUT YOUR PROJECT.
I REPRESENT COLLIER'S, UH, CIVIL ENGINEERING AND DESIGN AT 3 4 2 1 PAIZANO PARKWAY.
UM, MY PROJECT HERE IS CALLED MISSION DE LAGO.
UM, ALL THESE PLATS, UM, ARE UNFORTUNATELY RECORDED.
UH, THAT'S PART OF THE PROBLEM
UM, SO THE, THE ISSUE HERE IS THE 20 FOOT, UH, BUILDING SETBACK LINE ON THE BOUNDARY OF THE POD.
UH, AS YOU CAN SEE, THE SETBACK CUTS INTO SOME OF THE PROPERTIES AND I INCLUDED THE LOT ON THE CORNER, UH, BECAUSE IN THE BEAR, UH, THE CITY OF SAN ANTONIO SYSTEM, THE LOT IS SHOWN AS THE SAME ZONING AS THE REST OF THE NEIGHBORHOOD, AS THE POD.
SO THEY INCLUDED THE BOUNDARY AROUND THAT CORNER, INCLUDING THOSE LAST TWO LOTS.
SO I WASN'T SURE OF WHICH LOT TO REQUEST THE ZONING FOR THE CORNER LOT OR THE LOT.
YEAH, WE DID VERIFY THAT THE, UH, PUD WAS SPILLED OVER TO OTHER PROPERTIES ON THE ONE STOP MAP,
[02:00:04]
WHICH IN HINDSIGHT PROBABLY SHOULD HAVE BEEN A PUD REVISION, UM, SOME TIME AGO, BUT IT WAS MISSED.UM, I, I, SO I'M GONNA, THE, SO THE ONLY, THE ONLY SETBACK THAT'S GONNA REMAIN THAT'S GOING TO ACTUALLY BE FIVE FEET IS THE ONE ON THE PREVIOUS SLIDE.
IS THIS, IS THAT, IS THIS HIGHLIGHTED ONE RIGHT THERE? WHAT'S THAT ADDRESS BEING THAT IT BORDERS ANOTHER RESIDENTIAL LOT? YEAH.
PLEASE CLARIFY WHAT YOUR, WHAT'S YOUR, UM, EXPRESSING? YOU'RE SAYING THAT, SO AS YOU CAN SEE, THE 20 FOOT, THE 20 FOOT BUILDING SETBACK LINE CUTS RIGHT THROUGH THE PAD.
I MADE IT ALL, I MADE THE REQUEST FOR ALL FIVE FEET TO MAKE IT SIMPLE ACROSS THE BOARD.
THIS IS THE ONLY LOT THAT'S GONNA ACTUALLY HAVE A FIVE FOOT SETBACK BECAUSE IT BORDERS ANOTHER RESIDENTIAL LOT.
THE OTHER LOTS WILL BE AT LEAST AT A MINIMUM 10 FEET BECAUSE IT BORDERS A ROADWAY.
SO LET'S, THIS ONE'S AT 13 2 0 3 RIC DRIVE? IS THAT HOW YOU PRONOUNCE THAT, RIC? 13 FIVE.
THE ONE ON THE BOTTOM SHOULD BE 13 5 10.
THE LOT 19, WHICH IS NEXT TO IT WILL ALSO HAVE A FIVE FOOT, OH, THERE IT IS.
I'M, I'M LOOKING FOR THE PLOT PLAN ON FOR THAT ONE.
SO THAT ONE NEEDS, OKAY, I SEE.
ALRIGHT, SO THEN MY, MY QUESTION TO YOU IS, IS THAT FOR, FOR 13 2 0 3 FRIC AND THEN THE ONE ON CRENSHAW AND THE, AND THE, AND THE REMAINING ONE ON ART WALL WAY, UM, YOU, YOU, YOU ONLY NEED, UM, I ONLY, I ONLY NEED A COUPLE, A COUPLE OF FEET OF VARIANCE.
YEAH, I WAS GONNA SAY IS YOU HAVE UTILITY EASEMENTS THERE, RIGHT? EXACTLY.
SO, BUT I MADE 'EM ALL FIVE FEET FOR THE SIMPLICITY OF FILING FOR THE PER FOR THE, UH, VARIANCE.
MAY I MANNA COMMISSIONER MANNA.
SO, UM, AND I, I DON'T HAVE THE PLA THE PLAT PLANS HERE, SO, UM, SO IS THIS AN R FOUR OR R FIVE? THESE PROPERTIES HERE? SO IT'S A, IT'S, IT'S TECHNICALLY AN R FIVE PUD MM-HMM.
SO IT, THE, THE REMAINING SUBDIVISION AROUND OUTSIDE OF THE PUD BOUNDARIES AN R FIVE, BUT THIS BEING AN R FIVE PUD ALLOWS US TO HAVE SMALLER LOT DIMENSIONS THAN THE LOTS NEXT TO IT.
SO, SO ARE THESE R FOUR SIZED PLOTS THEN, OR ARE THEY SUB R FOUR? I DON'T, I DON'T KNOW THE EXACT DIMENSIONS ON THE LOTS.
UM, THERE PROBABLY, THERE MAY, THERE MAY BE SOME THAT ARE, ARE SMALLER THAN R FOUR SIZES, BUT THIS ONE IS NOT.
WELL, BUT THERE ARE SOME WITHIN THE POD THAT ARE SMALLER.
MY SPECIFIC QUESTION WOULD PROBABLY BE FOR THESE, FOR THE THREE THAT WE'RE CURRENTLY REVIEWING, ARE ALL THREE OF THOSE R FIVE SIZED? THEY'RE PROBABLY MORE R FOUR SIZED.
SO ALL, ALL THREE OF THOSE THAT WE'RE CURRENTLY REVIEWING? YES.
I CAN TELL YOU THAT, UH, ON THE PLOT PLAN FOR 13 5 10, UH, FURICH, THAT LOT IS NOT 40 FEET WIDE.
SO, BUT IT, IT SURE LOOKS LIKE 35, SO THAT WOULD BE AN R FOUR.
UM, BUT I WILL, THERE ARE SOME WITHIN, UM, WHAT WE CALL UNIT 17 C, WHICH IS THIS AREA WHICH THIS LOT IS IN THAT ARE LESS THAN 4,000 SQUARE FEET, BUT THIS ONE IS NOT.
UM, ANY OTHER QUESTIONS? CRUZ? COMMISSIONER CRUZ? UM, MY ONLY QUESTION, WAS THIS PART OF MISSION DE LAGO OR IT'S STILL, IT'S STILL CONNECTED TO THEM OR IT'S PART OF THE NEW SUBDIVISION THEY'RE MAKING ATTACHED TO THEM? UM, IT'S ALL PART OF MISSION DE LAGO.
UH, IS THERE ANY PUBLIC COMMENTARY? ANYONE SIGN TO THE SPEAK? NO PUBLIC COMMENT.
SO, UM, IF THERE'S NOTHING ELSE, WE CAN GO FOR A MOTION.
THIS ONE'S GONNA HAVE A LOT OF WORKING PARTS BECAUSE OF THE DIFFERENT CHANGES IN THE SETBACKS.
UM, I'D BE WILLING TO DO THIS ONE IF NO ONE HAD A PROBLEM.
SO WHAT I'M GONNA DO IS I'M GONNA READ THESE, UH, WHERE I'M GOING USE THE EASEMENTS THAT ARE IN PLACE, UM, FOR THE FOUR OF 'EM, AND THEN THE FIVE FOOT, UH, FOR, FOR 13 5 10 RIC.
THAT'S WHERE I'M GOING WITH IT.
SO REGARDING CASE NUMBER BO A DASH 24 DASH HUNDRED 3 0 4, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A 15 FOOT VARIANCE IN THE MAXIMUM 20 FOOT EXTERIOR SIDE
[02:05:01]
YARD VARIANCE TO ALLOW A STRUCTURE TO BE FIVE FEET FROM THE SIDE SETBACK, SITUATED AT 13 5 10 FRIC.UM, I MOVE THAT, UH, THAT THE, A REQUEST FOR A SIX FOOT VARIANCE FROM THE 20 FOOT, UM, EXTERIOR SIDE, UH, PUD SETBACK AT 1102 ART WALL WAY, AND AT 1103 CRENSHAW WAY, UH, TO ALLOW A STRUCTURE TO BE SIX FEET FROM THE SIDE SETBACK.
AND THEN FINALLY, A 10 FOOT VARIANCE FROM THE 20 FOOT EXTERIOR SIDE YARD SETBACK PUD, UH, TO ALLOW, UH, A STRUCTURE TO BE 10 FEET AWAY, LOCATED AT 13 2 0 3 FRIC, UM, APPLICANT BEING TRAVIS SETH, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
AND THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY RESTRICTED SETBACKS TO ALLOW AMPLE SPACING BETWEEN STRUCTURES.
TWO, DUE TO SPECIAL CONDITIONS OF LITERAL ENFORCEMENT OF THE ORDINANCE RESULTED IN AN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCE RESULT IN THE APPLICANT BUILDING THE STRUCTURE, UH, 20 FEET FROM THE SIDE PROPERTY LINE, WHICH WOULD RESULTED IN UNNECESSARY HARDSHIP REDUCING THE STRUCTURE FOOTPRINT.
THREE, BY GRADING THE VARIANCES, SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND THE SUBSTANTIAL JUSTICE WILL BE DONE.
THE STRUCTURES WILL, UH, VARY BETWEEN FIVE AND, AND, UH, 14 FEET, UH, FROM THE SIDE PROPERTY LINES, WHICH WILL OBSERVE THE SPIRIT OF THE ORDINANCE.
THE VARIANCE WILL NOT AUTHORIZE, UH, FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF YOUR USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITHIN WITH THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
UPON SITE VISITS, STAFFS OBSERVE SIMILAR DEVELOPED HOMES AND STRUCTURES WITH THE REDUCED SIDE SETBACKS OF DOWN TO, UH, AS LOW AS FIVE FEET, WHICH WHICH DO NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT OR IMPOSE THE FABRIC OF THE COMMUNITY.
SIX, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS THAT THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS A STRUCTURE BEING THE PERIMETER OF THE PUD PLAN DEVELOPMENT AND OF MOTION.
IF I CAN CLARIFY ONE THING, UM, FOR 1103 CRENSHAW 1102 ART WALL, YOU SAID A SIX FOOT VARI FOR A SIX FOOT SETBACK.
IT'S A, IT'S A SIX FOOT
APOLOGIZE, A LOT OF NUMBERS GOING AROUND THERE.
UM, YEAH, SO, UM, I'LL START OFF.
UM, I'M, I'M IN, IN FAVOR OF THIS, THIS, THIS NEIGHBORHOOD IS PREDOMINANTLY A SOMEWHERE BETWEEN THE R FOUR AND R FIVE DISTRICT, UH, WHICH HAS A FIVE FOOT STANDARD SETBACK.
AND BY ALLOWING HIM TO GO DOWN FOR PRIMARILY 10 OR 14 FEET, AND THEN WITH ONE LOT BEING FIVE FOOT, I DON'T SEE THAT BEING A HINDRANCE OF THE REST OF THE NEIGHBORHOOD OR THE COMMUNITY.
OH, I THINK I, OH, I'M SORRY, COMMISSIONER.
CAPTAIN, APOLOGIZE, I'M, I'M ALSO IN FAVOR.
UH, I LIKE THE FACT THAT YOU'VE COME TO US PRIOR TO ACTUALLY BUILDING THESE AND, UH, IT DOESN'T LOOK, ESPECIALLY SINCE MOST OF THESE ARE ONLY ONE IS AN INTERIOR UNIT, IT REALLY SHOULDN'T, UM, AFFECT THE NEIGHBORHOOD WHAT IT LOOKS LIKE.
ANYONE ELSE LIKE TO ADD HEARING NONE THE HAVE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER OZUNA? YES, I CONCUR.
ALRIGHT, UH, MOTION PASSES UNANIMOUSLY.
IF YOU HAVE ANY QUESTIONS, GET WITH THAT.
WE'RE GONNA CALL A, UH, A NINE MINUTE BREAK.
SEE EVERYBODY BACK AT THREE 20.
WE'RE GONNA, UH, BRING THIS, UH, MEETING BACK TO ORDER AND WE'RE ON ITEM EIGHT.
I'M A PLANNER FOR THE DEVELOPMENT, UH, SERVICES DEPARTMENT.
I WOULD BE, I'LL BE PRESENTING ITEM ZERO, ITEM NUMBER EIGHT, CASE BO A DASH 24 DASH 0 3 0 0 0 0 0 8.
[02:10:01]
IS 6 24 WEST HARDING BOULEVARD COUNSEL DISTRICT THREE, APPLICANT PALOMA BLANCA INVESTMENTS.LLC IS REQUESTING A SEVEN FOOT VARIANCE FROM THE MINIMUM 50 FOOT LOT WIDTH REQUIREMENT TO ALLOW A LOT TO BE 43 FEET AND 43 FEET WIDE.
THE SUBJECT PROPERTY IS LOCATED ON WEST HARDING BOULEVARD.
SUBDIVISION PLAT TWO TWO DASH 1 8 0 0 2 8 9 APPROVED ON JANUARY 26.
SPLIT THE PROPERTY INTO TWO LOTS.
THE VACANT LOT IS TOO NARROW BY OUR SIX ZONING STANDARDS REQUIRING THE APPLICANT TO SEEK A SE SEVEN FOOT VARIANCE FOR, FOR FUTURE DEVELOPMENT.
THE ISSUANCE OF A BUILDING PERMIT IS PENDING THE OUTCOME OF THE BOARD OF ADJUSTMENT.
THIS WILL BE THE SITE PLAN FOR THE LOCATION AND THEN THE, UH, SUBJECT PROPERTY AND THEN SURROUNDING AREA STAFF RECOMMENDATION FOR THE LOT WIDTH VARIANCE, UH, STAFF RECOMMENDS APPROVAL AND BOA TWO FOUR DASH 1 0 3 0 0 0 0 8 BASED ON THE FOLLOWING FINDINGS OF FACT, THE REDUCED LOT WIDTH WILL NOT INJURE NEIGHBORING PROPERTIES.
AND NUMBER TWO, THE DEVELOPMENT WITHIN THE PROPERTY WILL BE ABIDING ALL OF THEIR SETBACK REQUIREMENTS.
STAFF MAILED 19 NOTICES, ZERO IN FAVOR AND ZERO IN OPPOSITION, AND NO RESPONSE WAS PROVIDED BY THE HARLAND DALE MCCOLLUM NEIGHBORHOOD ASSOCIATION.
AND THAT CONCLUDES STAFF'S PRESENTATION.
APPLICANT IS HERE FOR QUESTIONS.
ALL RIGHT, LET'S HAVE THE APPLICANT COME FORWARD.
I AM JUST GONNA STATE YOUR NAME.
I AM THE OWNER OF, UH, THIS PROPERTY AND ALSO, UH, PALOMA BLANCA INVESTMENT.
AND, UH, IT'S NOTHING TOO MUCH I CAN SAY.
IT'S JUST I IN FRONT OF YOU TO ASKING THE VARIANCE FOR THIS LOT IN ORDER TO BUILD A NEW RESIDENCE.
UM, ABOUT, UH, 1,660 SQUARE FOOTAGE, NEW RESIDENCE HOME.
UM, IS THERE ANY QUESTIONS FOR THE APPLICANT? COMMISSIONER? ZUNA O ZUNA? YEAH, JUST CURIOUS.
ARE YOU GONNA HAVE A, A PARKING ON SITE? PARKING IS GONNA BE A GARAGE OR PARKING SPACE FOR NO, IT'S JUST, IT'S JUST LIKE, UM, JUST A PAD, A PARKING PAD.
I THE LOT IS JUST LIKE, UM, HE HAVE HIS OWN PARKING LOT RIGHT NOW.
YOU'LL HAVE, SO THE CARS WON'T PARK ON THE STREET, HE'LL PARK ON THE NO, IT'S PARKED ON THE, ON THE, ON THE LOT ON THE NEXT TO THE IT COULD FIT, IT COULD FIT A PARKING LOT.
HOW DID THIS PLAQUE GET RECORDED WHEN THEY PROPOSED A LOT IN R SIX? IT'S 44 FEET WIDE
THIS WAS MISSED IN THE, UH, PLANNING REVIEW.
BUT BECAUSE IT'S RECORDED, DOESN'T THEY GIVE HIM SOME RIGHTS? UH, NOW THAT IT'S A PLATTED LOT? NO, HE STILL HAS TO MEET THE MINIMUM WIDTH OF THE LOT, UNFORTUNATELY.
UM, I, UH, DO YOU UNLA IT? WELL, THAT'S WHAT I UNDERSTAND.
I MEAN, I'M, I'M IF IT'S, IF IT WAS, IT SHOULD HAVE BEEN INVALIDATED DURING PLATTING, BUT THE FACT THAT IT GOT RECORDED, UM, IT, IT WAS, YOU CAN'T UNPLUG.
AND THERE ARE STEPS IN THE DEVELOPMENT PROCESS, MR. CHAIR, THAT HELP CONFIRM THAT THE LOT SIZE IS ACCURATE AND IF IT IS NOT, THEN YES, THE, THE PROCESS TO, UM, GET THAT VARIANCE WOULD BE COMING TO THE BOARD OF ADJUSTMENTS.
BUT IT, IT REALLY SHOULD HAVE BEEN LIKE, SO LET'S, IT SHOULD HAVE COME TO US ANYWAY.
I MEAN, IF IF THE, IF THEY WANTED TO PLANT IT LIKE THIS AND IT WAS CAUGHT, IT SHOULD HAVE COME TO US.
AND, AND IS THERE, IS THERE ALREADY A HOME OR A STRUCTURE ON THE, IN CONSTRUCTION OR ALREADY BUILT ON THE NEIGHBORING LOT THAT'S, THAT'S BIGGER.
SO THE HOUSE THAT'S NEXT, RIGHT? RIGHT NEXT TO THE PROPERTY.
SO THIS PROPERTY THAT WE'RE IN TALKING ABOUT IS THE ONE THAT HAS THE FENCE IN FRONT OF IT CURRENTLY.
SO IT HAS A DRIVEWAY PIECE THAT LOOKS LIKE IT USED TO HAVE A PROPERTY.
THE TRASHCAN, I'M WONDERING THE, THE LOT 22 NEXT DOOR IS IT ALREADY GOT SOMETHING ON IT.
THE ONE THAT'S 55 FEET THAT WAS PART OF THE PLA CAN YOU SPEAK INTO THE MICROPHONE, MELANIE? I APPRECIATE IT.
SORRY, ARE YOU TALKING ABOUT THE WHITE HOUSE THAT'S ALREADY BUILT OR ON THE OTHER SIDE?
[02:15:01]
WELL, I THOUGHT WE WERE LOOKING IF I'M ON THE STREET WHERE THE PROPERTY IN QUESTION WAS ON THE LEFT SIDE, THAT'S THE PROPERTY THEY WISH TO DEVELOP.THIS IS THE PROPERTY THAT ALREADY EXISTS.
SO THIS IS, OKAY, SO ON THE, ON THE SUBDIVISION, OH, I'M, I'M IN REVERSE.
THIS THING NEEDS TO BE ROTATED.
YEAH, SO THERE ALREADY IS A STRUCTURE ON THERE, SO THAT'S KIND OF TOO LATE.
THE PLANTS, IT NEEDS TO BE ROTATED.
I'M, I'M, I'M SO MAN COMMISSIONER MANNA.
SO WILL, WILL THERE BE SETBACK ISSUES? I GUESS AS WE COME THROUGH, UM, WITH THE TWO HOMES THERE STILL WILL HAVE TO MEET ALL SETBACK SETBACKS.
SO DID YOU UNDERSTAND THAT QUESTION? SO, SO WITH REGARDS TO SETBACKS, THOSE WILL STILL HAVE TO BE MET, UM, YOU KNOW, AS YOU BUILD A HOME.
AND SO THERE'S, THERE'S MINIMUM SIDE DISTANCES BETWEEN, UM, UH, THE EXISTING HOME AND THE HOME THAT YOU'RE BUILDING, YOU KNOW, TO BE ABLE TO FILL ON THAT PROPERTY.
DOES THAT MAKE SENSE? I DON'T UNDERSTAND.
DO YOU WANT A TRANSLATOR? YES.
HE'S JUST SAYING THAT ALL OTHER RULES HAVE TO BE FOLLOWED.
THAT'S WHAT HE IS TELLING YOU.
HE JUST WANTS TO MAKE SURE YOU UNDERSTAND THAT ALL OTHER RULES HAVE TO BE FOLLOWED.
I, I NEED THE, IT BETTER, YOU KNOW, I'M SORRY, MY IS NOT HUNDRED.
SO, SO THE POINT IS JUST THAT SIDE SETBACKS WILL HAVE TO BE OBSERVED, UM, BECAUSE THERE'S A HOME THERE ON THE, YOU KNOW, NEIGHBORING PROPERTY.
SO THE, THE NE THE HOUSE ON THE LEFT SIDE, OKAY, THIS IS, I I FLIP THAT HOUSE TOO.
SO ON THE BACK YOU SEE ALL THE NEIGHBORS, THE FENCE IS SO FENCE TO FENCE, BUT MY UM, MY UM, SURVEY SAY NO, YOU NEED TO RESPECT FROM HERE BECAUSE IT'S A SUPPOSEDLY ALLEY ON THE, FROM THE CITY.
I RESPECT THAT ON THE BACK AND THE SIDE.
I'M SORRY, I MEANT I DID NOT UNDERSTAND, I DID NOT NOT UNDERSTAND WHAT YOU SAID ABOUT YOU OWN AN ADJACENT HOUSE.
IS THAT THE HOUSE AT, WHAT WOULD THAT BE? 6 22, 6 20 28.
SO I BUY THE, THE LOT ON THE 6 24.
AND THE QUESTION IS, IS THERE A DRIVEWAY AT 6 26? NOW DID YOU TAKE AWAY, BECAUSE DID YOU LEAVE ROOM FOR PARKING? YES.
YOU CAN SEE ON THE, ON THE SIDE, ON THE LEFT SIDE, ON THE, ON, ON THE LEFT SIDE OF THE HOUSE.
SO ON THE LEFT SIDE, SEE THE, ON THE, ON THE LEFT SIDE, HERE'S THE DRIVEWAY FOR THE 6 26.
THIS SIDE IS JUST FOR THE 6 24.
SO THIS, THE, THE, THE, THE HOUSE HAS BEEN THERE A WHILE AND THEN IT WAS YOUR DESIRE TO SELL OFF THE LARGE PIECE OF LAND TO ONE SIDE OF IT.
SO THEY PLANTED IT AS TWO BLOCKS.
SO THEY, BUT IT'S JUST, IT'S SOMETHING THAT HAPPENED.
UM, JUST AS A COMMENT, YOU MIGHT ALSO WANT TO HAVE YOUR, YOUR PLAT REVIEWERS THAT THERE'S NO SUBJECT AREA ON HERE EITHER FOR BEING ANTIQUATED, UM, THAT'S MISSING AS WELL.
UM, IF THERE'S ANY PUBLIC COMMENTARY, ANYONE SIGN TO SPEAK? NO PUBLIC COMMENT.
UH, IS THERE ANY OTHER QUESTIONS ABOUT THE COMMISSION? ALRIGHT, WELL WE'RE GONNA GO TO A MOTION AND WE'LL SEE HOW THIS TURNS OUT.
I'M LOOKING FOR A MOTION MAN, COMMISSIONER MANAGER REGARDING CASE NUMBER BO OA 2 4 1 0 3 0 0 0 0 8.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANTS A REQUEST FOR A SEVEN FOOT VARIANCE FROM THE MINIMUM 50 FOOT LOT WIDTH REQUIREMENT TO ALLOW A LOT TO BE 43 FOOT WIDE, SITUATED AT 6 24 WEST HARDING BOULEVARD, APPLICANT BEING PALOMA BLANCA INVESTMENTS, LLC.
BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST DUE TO THE SIZE OF THE PROPERTY,
TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD PREVENT THE APPLICANT FROM DEVELOPMENT OF SINGLE FAMILY DWELLING ON THE PROPERTY.
THREE, BY GRANTING THE VARIANCE OF SPARE, THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
THE GRANTING OF THIS VARIANCE WILL OBSERVE THE SPIRIT OF THE ORDINANCE AS THE NEW BUILDING WILL, UH, BE ABIDING BY OTHER SETBACK REQUIREMENTS FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF VIEWS OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED
[02:20:01]
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 VARIS WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALL THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED.
THE WIDTH VARIANCE WILL ALLOW A SINGLE FAMILY DWELLING TO BE CONSTRUCTED WITHIN THE BOUNDARIES OF A 43 FOOT LOT.
THIS WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT, UH, PROPERTIES AND WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
AND AS SIMILAR LOT WIDTH CAN BE SEEN THROUGHOUT THE NEIGHBORHOOD.
SIX, APPLY OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN DISTRICT.
WHEN THIS PROPERTY IS LOCATED, STAFF FINDS APPLY TO THE, UM, OWNER OF THE PROPERTY FOR WHICH THE VARIANCE ASAD IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE SIZE OR ORIENTATION OF THE LOT.
THIS CIRCUMSTANCE, UH, DOES NOT APPEAR TO BE MERELY FINANCIAL AND A MOTION.
SECOND BY COMMISSIONER CRUZ, COMMISSIONER MANNA.
SO, UM, I WILL BE IN SUPPORT OF, I WILL BE IN SUPPORT OF THIS.
UH, IT, UH, ONE LOOKING AROUND THE NEIGHBORHOOD, IT DOES SEEM LIKE, UH, SEVERAL OF THESE LOTS ARE SIMILAR SIZE WHERE THEY'RE DIVIDED IN HALF.
THIS ONE JUST SEEMS TO BE OFFSET A LITTLE BIT WITH REGARDS, UH, WITH REGARDS TO HAVING AN EXISTING STRUCTURE PREVIOUSLY ON IT.
UM, SO, SO IT DOES APPEAR TO BE CONSISTENT WITH THE REST OF THE COMMUNITY AND, UM, AS ONE OF MY COLLEAGUES GENERALLY REFERENCES, YOU KNOW, WE ARE IN, UH, HAVE, HAVE A HOUSING SHORTAGE AND SO THIS WILL HELP SATISFY THAT.
AND SO I'LL BE VOTING IN FAVOR.
ALL RIGHT, COMMISSIONER CRUZ? YES, I CONCUR WITH MR. MANNA.
I DON'T SEE ANY PROBLEM WITH IT AND IT SEEMS LIKE HE HAS ENOUGH AREA WHERE, UM, IT SHOULDN'T BE TOO, UH, HARD FOR HIM TO BILL ON THAT.
ANYONE ELSE LIKE TO ADD? YEAH, I JUST ALSO WANNA SAY THAT I WONDER WHY WE HAVE THIS CASE.
UM, IT SEEMS TO ME ONCE THE PLANNING COMMISSION APPROVED THE REPL, THEY EFFECTIVELY PREEMPTED THIS DECISION.
WELL, I, I'LL, I'LL, I'LL CHIME IN ON THAT.
UH, WHAT HAPPENS IS, UH, ON OCCASION THINGS SLIP THROUGH, UM, AND IN THE, IN THE PAST, UH, I HAVE SEEN, UH, INCORRECT NCB NUMBERS GET PUT ON A PLAT.
UH, AND, AND THE CITY WORKED WITH THE ENGINEER TO GET IT, THE ENGINEER TO GET IT AMENDED AT, AT A VERY QUICK AND LOW COST.
UH, MEANS, UH, BECAUSE WE ALL WANT IT TO BE CORRECT.
THIS ONE JUST, IT, IT SLIPPED THROUGH.
BUT THE PLANNING COMMISSION CANNOT WAIVE ZONING REQUIREMENTS.
AND SO IT THIS, IF EVEN IF THE CITY, UH, YOU KNOW, HAD CAUGHT THIS, UH, IT STILL WOULD'VE ALWAYS HAD TO COME HERE.
THE, THE RECOURSE IS, IS TO VACATE THIS PLA OR AMEND IT.
I MEAN, THERE'S REALLY NOTHING.
BUT IF THERE'S A HOUSE IN THE WAY, THAT'S WHAT I WAS WONDERING IS IF THE HOUSE IS ALREADY THERE.
IF, IF IT'S, IF IT'S, IF THE LINE CAN'T BE MOVED, UH, THAT'S WHAT DOES IT FOR ME.
SO THAT'S WHY I'M WELL, I, I, YOU KNOW, STILL BELIEVE THAT EFFECTIVELY THE PLANNING COMMISSION PREEMPTED THIS CASE.
I MEAN, THEY DON'T HAVE THE PA WE HAVE, THEY HAVE TO COME HERE TO US.
YEAH, THAT'S, I'M JUST, UM, THEY JUST DON'T HAVE THE AUTHORITY TO OVERRIDE ZONING.
I GUESS THEY, THE ONLY RECOURSE WOULD WOULD BE TO MAKE THE ZOOM INVALIDATE AND, AND REALLY CAUSE HEADACHE FOR EVERYBODY.
J JUST TO ADD THERE, THERE ISN'T REALLY A PREEMPTION ISSUE SIMPLY BECAUSE WHAT THE CHAIR JUST SAID, THE PLANNING COMMISSION DOESN'T HAVE THE, THE AUTHORITY.
SO, UH, WITH THAT, UH, LET'S HAVE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER KAPLAN, I CONCUR.
COMMISSIONER BENAVIDES? I CONCUR.
COMMISSIONER BRAGMAN, CHAIR ORIAN.
UH, I CONCUR WITH THE FINDINGS OF FACT.
UH, 10, UH, TO ZERO WITH, UH, ONE ABSTENTION.
[ Approval of Minutes ]
THANK YOU.ALL RIGHT, NEXT ITEM IS THE MINUTES.
UM, I HAD, UH, SOME MINOR CHANGES.
IT LOOKED LIKE THEY WERE, THEY WERE MADE.
WAS THERE ANY OTHER REVISIONS THAT NEED TO BE ADDRESSED? UH, WE RECEIVED SOME FROM COMMISSIONER, UH, UM, AND WE'VE MADE THOSE CHANGES.
AND MENA, SO, AND I WAS TOLD THE CHANGES WERE MADE AS WELL, SO.
[02:25:01]
SOUNDS WONDERFUL.SO I'M LOOKING FOR A MOTION TO APPROVE.
UH, IS THERE A DIRECTOR'S REPORT TODAY? NO, SIR.
JUST ANOTHER REMINDER TO GET THOSE FINANCIAL DISCLOSURES IN.
UH, I PERSONALLY HAD A SMALL ISSUE WITH THE ATTACHMENTS BEING UPLOADED.
IT'S BEEN CORRECTED, SO EVERYTHING SHOULD BE A GO.
UH, I'D JUST LIKE TO ADD REAL QUICK, THE, AT THE END OF THIS MONTH, UH, D SIX APPOINTMENT WILL BE MADE AND THE FIRST WEEK OF MARCH D TWO APPOINTMENT WILL BE MADE.
UH, WITH THAT IT IS 3 36 AND WE'RE ADJOURNED.