* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:01] RECORDING, UH, UH, ON AND ACTIVE. ALL RIGHT, IT'S ONE O'CLOCK. I'M GONNA CALL THIS MEETING OF THE BOARD OF ADJUSTMENTS TO ORDER. IF WE CAN GET THE SPANISH INTERPRETER OUT FOR THEIR PRESENTATION PLEASE. WE WANNA START THIS INTERPRET. ALL RIGHT. THANK YOU. UH, IF EVERYONE COULD PLEASE JOIN ME FOR THE PLEDGE ALLEGIANCE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA TO THE REPUBLIC. WHAT STANDS? ONE. NATION NATION, LIBERTY AND JUSTICE. JUSTICE WORLD HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD, ONE AND INDIVISIBLE. ALL RIGHT, STAFF, IF YOU COULD PLEASE TAKE ROLL. COMMISSIONER BARTON HERE. COMMISSIONER BONNI. HERE. COMMISSIONER DEAN PRESENT. COMMISSIONER CRUZ. HERE. COMMISSIONER KAPLAN PRESENT. COMMISSIONER MANNA PRESENT. COMMISSIONER AVIVE. HERE. COMMISSIONER BRAGMAN PRESENT. COMMISSIONER UNA PRESENT. COMMISSIONER BONILLA. CHAIR ORIAN PRESENT. IT LOOKS LIKE WE HAVE 10 PEOPLE WITH ONE TO JOIN SHORTLY. ALRIGHT, SO BEFORE WE PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION. THE BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS. UH, FOLLOWING THE CONCLUSION OF THE CASES, UM, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT. LASTLY, AS CHAIR, I WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS. I ASK THAT THE BOARD MEMBER SUBMIT THESE ANNOUNCEMENTS TO ME AS THE CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING. WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL. THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF 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 THE CI SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. UH, WE ALSO SERVE AS AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 5. IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY'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 AND WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION IN ORDER FOR A MOTION TO CARRY. IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES, THE BURDEN OF PROOF IN GRANTING THE RELEASE SOUGHT RESTS WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUESTED RELEASE CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL. SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW. BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. SO, UH, WE WANNA MAKE SURE YOU LIMIT YOUR PRESENTATION REMARKS OF THE PERTINENT FACTS OF YOUR CASE. UH, I DO WANT TO ADD THAT, UH, WHEN IT IS TIME FOR YOUR CASE TO COME UP, UH, WE WILL HEAR FROM CITY STAFF FIRST. UH, THEN WE'LL HEAR FROM THE APPLICANT. WE'LL SEE IF THERE'S ANY QUESTIONS FROM THE BOARD AND THEN WE WILL SEE IF THERE'S ANY PUBLIC COMMENTARY OR VOICEMAILS OR ANYONE ITEM TO SPEAK THAT WE NEED TO BE AWARE OF. UH, STAFF. THANK YOU CHAIR. UM, GOOD AFTERNOON. STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST. PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR BEARING SPECIAL EXEMPTION OR APPEAL AND PROPERTY WITHIN 200 FEET OF THAT SUBJECT. PROPERTY CHECK MARK INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION FOLLOWING THIS PRESENTATION. ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THE REQUEST FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE, SPECIAL EXEMPTION OR APPEAL. YOU'LL BE CALLED ON IN THE ORDER YOU SIGN UP TO SPEAK. THOSE IN SUPPORT IN OPPOSITION WILL BE ALLOWED OF MAXIMUM THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE THE MAXIMUM [00:05:01] TIME LIMITATION. FOR THOSE THAT WOULD LIKE TO GIVE UP THEIR TIME TO SPEAKER. THAT SPEAKER WILL BE ALLOWED OF MAXIMUM TWO PEOPLE GIVEN WITH THEIR TIME FOR A TOTAL OF NINE MINUTES. UH, GIVE THOSE GIVEN UP, THEIR TIME MUST BE PRESENT AND SIGNED UP TO SPEAK. THE APPLICANT WILL THEN THEN BE GIVEN AN OPPORTUNITY FOR REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU, CHAIR. ALRIGHT, SO, UH, I HAVE TO RECUSE FROM ITEM ONE, BUT [ Briefing and Possible Action on the following items  ] I'M GONNA BRING ITEM TWO UP FIRST. UH, AND, AND WE'LL HEAR ONE WHEN COMMISSIONER BONILLA SHOWS UP SO THAT WE CAN ENSURE WE HAVE 10 PEOPLE. SO STAFF, IF WE CAN HIT ITEM TWO, THAT'D BE GREAT. AND IS THERE A RYAN REED IN THE AUDIENCE? ARE YOU HERE FOR A SPECIFIC CASE, SIR? YES, I'M HERE FOR THE, UH, CLARK 8 25 EAST PARK. OKAY, THANK YOU. GOOD AFTERNOON. MY NAME IS JUAN ALVAREZ, PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER TWO IS REQUESTED BY JONATHAN CLARK AND IS SEEKING A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK FACE LOCATED AT A 25 EAST PARK AVENUE IN COUNCIL DISTRICT ONE. THE SUBJECT PROPERTY IS, IS GENERALLY LOCATED ALONG PARK AVENUE. SURROUNDING USES INCLUDE SINGLE FAMILY, RESIDENTIAL AND APARTMENT UNITS TO THE NORTH. THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK PHASE. THERE ARE CURRENTLY FOUR UNITS ON THE BLOCK. PHASE ONE STR TYPE TWO IS ALREADY CURRENT ON THE BLOCK PHASE BEING 8 21 EAST PARK AVENUE. BLOCK PHASE IS CURRENTLY AT 25%. IF A SECOND STR TYPE TWO IS APPROVED, BLOCK PHASE WILL BE AT 50%. 8 15, 8 15 AND EIGHT 11 ARE VACANT PROPERTIES. AND 8 0 3 CONSISTS OF A SIX UNIT PROPERTY. THIS IS THE SIDE PLAN OF THE PROPERTY SUBMITTED AT THE TIME OF THE APPLICATION. THIS IS A SUBJECT PROPERTY AND THE NEXT FEW SLIDES ARE THE NEIGHBORING PROPERTIES AND SURROUNDING AREAS. STAFF RECOMMENDS DENIAL OF THE APPLICANT'S REQUEST FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK FACE. 28 NOTICES WERE MAILED OUT. ZERO IN FAVOR, ZERO IN OPPOSITION. IN OPPOSITION FROM TOBIN HILL COMMUNITY NEIGHBORHOOD ASSOCIATION AND THERE WAS NO RESPONSE FROM SOJO CROSSING HOMEOWNERS ASSOCIATION. THIS CONCLUDES STAFF PRESENTATION. APPLICANT IS HERE TO ANSWER ANY QUESTIONS. ALRIGHT, LET'S HAVE THE APPLICANT COME FORWARD. THANK YOU. IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE. GOOD AFTERNOON. MY NAME IS RYAN REED. I AM AN ATTORNEY FOR THE CLARK FAMILY. MY CLIENTS ARE JOHN CLARK AND HIS BROTHER CHRISTOPHER CLARK. I PREVIOUSLY REPRESENTED MARY CLARK, WHO OWNED THE PROPERTY AT 8 25 EAST PARK. UNFORTUNATELY, SHE PASSED AWAY THREE YEARS AGO. SHE LEFT, SHE WAS ORIGINALLY FROM NEW YORK AND SHE LEFT ALL OF HER REAL PROPERTY IN TEXAS TO HER SONS, JONATHAN AND CHRISTOPHER. ALL OF HER REMAINING PROPERTY, THE CASH ASSETS WERE LEFT TO HER HUSBAND WHO CON TURN, WHO CONTINUES TO LIVE IN NEW YORK. SO MY CLIENTS JONATHAN AND CHRISTOPHER OWN BY VIRTUE OF MARY CLARK'S WILL THE PROPERTY AT 8 25. JOHN LIVES HERE IN SAN ANTONIO. HE ALREADY HAS A HOUSE, UH, SO HE DOESN'T NEED TO LIVE IN HIS MOTHER'S HOUSE. CHRISTOPHER LIVES OUT OF STATE IN ARIZONA RIGHT NOW. UH, THE BROTHERS ARE TRYING TO FIGURE OUT WHAT TO DO WITH THE PROPERTY AT 8 25 EAST PARK. IT DOES UNFORTUNATELY NEED SOME UPDATES. THE CONSTRUCTION WASN'T AS SOUND AS WE HAD HOPED, AND SO AS THEY'RE CONTINUING TO IDENTIFY WAYS TO FIX SOME OF THE PROBLEMS, UH, WHICH ARE LONGER TERM ISSUES, UH, THEY ARE TRYING TO OFFSET THE COSTS AND THEY WOULD LIKE TO RENT THIS OUT ON A SHORT TERM BASIS. SO THAT'S WHERE WE FIND OURSELVES TODAY, IS WITHOUT HAVING TO PUT THIS PROPERTY ON THE MARKET AS A FIRE SALE OR CONTINUE TO HOLD IT WITHOUT ANY INCOME COMING IN, THEY HAVE REQUESTED THE VARIANCE FOR A SHORT TERM RENTAL PERMIT. UH, IF YOU LOOK AT, AND I'VE PREPARED A WIDER ZOOM OUT OF THE AREA. I HAVE HANDOUTS IF YOU ALL WOULD LIKE FOR ME TO HAND THEM OUT, BUT WHILE WE ARE TALKING ABOUT, WOULD YOU ALL LIKE A COPY? UH, SURE. YOU CAN GIVE IT TO STAFF. THEY'LL HELP DISTRIBUTE IT WHILE YOU, UH, CONTINUE WITH YOUR PRESENTATION. THANK YOU SO MUCH. THIS AREA IS LOCATED RIGHT ACROSS BASICALLY THE STREET FROM THE PEARL DISTRICT. THERE ARE A VARIETY OF EMPTY LOTS. THERE [00:10:01] ARE A VARIETY OF DOWNTRODDEN PROPERTIES AND THERE IS SOME NEW DEVELOPMENT. WHEN WE TALK ABOUT THE BLOCK FACE, THERE ARE FOUR UNITS, AS YOU SAW IN THE PHOTOGRAPHS JUST A MOMENT AGO THAT ARE ON THIS BLOCK FACE. AND THERE IS ONE OTHER SHORT-TERM RENTAL PERMIT THAT HAS BEEN ISSUED TO, UM, TO A NEIGHBOR TWO DOORS DOWN. BUT BEYOND THAT, IF YOU LOOK AT THE MAP THAT'S BEING CIRCULATED RIGHT NOW, THERE ARE ONLY A HANDFUL OF OTHER PERMITS, SHORT TERM RENTAL PERMITS IN THE AREA ON THE SIDE STREET, UH, ELMIRA. THERE ARE NO SHORT TERM RENTAL PERMITS, UH, UNTIL YOU GET DOWN THE BLOCK, UH, A NUMBER OF, UH, HOUSES DOWN GOING THE OTHER DIRECTION. THERE'S NOTHING HEADED DOWN SOUTH TOWARDS DOWNTOWN. AND WHEN YOU TAKE A STEP BACK ON EAST PARK, OTHER THAN THE HOUSE TWO DOORS DOWN, THERE ARE NO OTHER SHORT TERM RENTAL PERMITS THAT ARE HANDED OUT. SO TO FOCUS ON THIS VERY SMALL BLOCK PHASE WHERE THERE ARE FOUR FAIRLY NEW CONSTRUCTION TYPE HOMES, UH, IS A VERY NARROW WINDOW LOOKING AT THIS AREA AS A WHOLE. AND WHY THAT MATTERS IS BECAUSE THIS IS A HIGHLY TOURIST POPULAR AREA. THERE ARE NOT A WHOLE LOT OF OTHER RESIDENCES THAT ARE IN THAT VERY CLOSE VICINITY. THE HOUSE HAS BEEN WELL CONSTRUCTED AND IS SUITABLE FOR LIVING ARRANGEMENTS FOR FAMILIES WHO ARE IN TOWN TO VISIT THE PEARL. IT HAS A GARAGE, IT HAS PARKING AREAS, AND SO A SHORT-TERM RENTAL WOULD NOT AFFECT THIS NEIGHBORHOOD IN ANY SUBSTANTIAL WAY. AND SO WHEN I LOOK AT SECTION 35 3 99 0.03, WHAT WE LOOK AT FIRST IS HAVE WE APPLIED FOR THE SHORT TERM RENTAL PERMIT? YES, WE HAVE. THAT'S WHY WE'RE HERE SEEKING THE VARIANCE. ARE THERE PARKING? IS THERE PARKING AT THE FACILITY? ABSOLUTELY. AS YOU CAN SEE FROM SOME OF THE PHOTOGRAPHS, THERE ARE PARKING SPOTS IN THE DRIVEWAY AS WELL AS A GARAGE. UM, THE RESIDENTIAL AND ARCHITECTURAL APPEARANCE ARE NOT BEING CHANGED. THEY WILL REMAIN AS A RESIDENTIAL UNIT AND THERE'S NO ADVERTISING EITHER ON SITE FOR THE PROPERTY. I DON'T KNOW IF WE HAVE THE PHOTOGRAPHS UP IN THE PRESENTATION. IF, YEAH, IF YOU WERE TO LOOK TO THE RIGHT OF THE PHOTOGRAPH THAT YOU SEE HERE ON THE SCREEN, THERE ARE NO RESIDENCE. THERE'S ONE RESIDENCE ACROSS THE STREET, BUT THERE ARE OTHERWISE NO REAL RESIDENCES AS YOU WALK TOWARDS THE PEARL AREA FROM THIS HOME. SO HAVING A SHORT-TERM RENTAL ON THIS CORNER IS NOT GOING TO AFFECT ANYBODY RIGHT THERE IN THE VICINITY HEADED OVER TOWARDS THE PEARL. WHEN WE LOOK AT THE SPECIAL EXCEPTIONS UNDER SECTION 35.482, THE BOARD HAS TO CONSIDER FIVE CONDITIONS. THE FIRST CONDITION IS AT THE EXCEPTION, WILL BE IN HARMONY WITH THE SPIRIT. AND THE PURPOSE OF THIS CHAPTER, THE SPIRIT AND PURPOSE OF THE CHAPTER IS TO PROVIDE SOME REGULATION BUT NOT TO DEPRIVE PROPERTY OWNERS OF THEIR RIGHTS TO USE THEIR PROPERTY. YOU ALL ARE DOING THE SERVICE TO THE CITY TO ENSURE THAT THERE ARE NOT TOO MANY PEOPLE LIVING IN SHORT TERM RENTALS, RIGHT? IN A VERY SMALL AREA. BUT IF WE ONLY FOCUS ON THAT ONE PART OF THE BLOCK FACE, IT'S DEPRIVING MY CLIENT OF THEIR RIGHTS TO UTILIZE THEIR PROPERTY AND IGNORING A SLIGHTLY LARGER AREA, WHICH IS THE AREA TO THE PEARL FROM THIS PROPERTY. SO WE DO THINK THAT AN EXCEPTION IS IN THE SPIRIT AND HARMONY, UH, OF THE CHAPTER. THE SECOND FACTOR THAT YOU MUST CONSIDER IS THE PUBLIC WELFARE AND THAT CONVENIENCE WILL BE SUBSTANTIALLY SERVED. THE BEST USE FOR THIS PROPERTY, GIVEN THE AREA THAT IT IS IN, IS FOR A SHORT TERM RENTAL, A VACATION RENTAL, SO THAT PEOPLE ARE ABLE TO ACCESS THE WONDERFUL PEARL DEVELOPMENT THAT WE HAVE HERE IN SAN ANTONIO. THE PUBLIC WELFARE WILL NOT BE AFFECTED BY ALLOWING FOR SHORT TERM RENTALS IN THIS AREA BECAUSE IT'S ALREADY AN AREA WHERE THERE ARE, UH, TOURISTS COMING THROUGH, AND IT'S NOT IN THE MIDDLE OF WHAT IS OTHERWISE A RESIDENTIAL, UH, NEIGHBORHOOD. THERE ARE A VARIETY OF HOUSES MIXED USE DEVELOPMENTS, UH, AND VACANT LAND IN THIS AREA. SO HAVING A SHORT TERM RENTAL AT THIS LOCATION WILL NOT FACTOR INTO ANYONE'S DAILY LIFE WHO IS LIVING IN THIS AREA. ITEM NUMBER THREE, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THESE ARE WHILE CLOSE TOGETHER, UH, FREESTANDING UNITS. SO WE HEARD THAT THERE WAS NO, UH, OPPOSITION [00:15:01] BY ANY OF THE OTHER UNIT OWNERS. HAVING SHORT-TERM RENTERS IN THIS PROPERTY WILL NOT AFFECT THE NEIGHBOR. COINCIDENTALLY, MY CLIENT, MARY CLARK, ALSO LEFT THE PROPERTY IMMEDIATELY BEHIND 8 25 TO HER SON'S. THAT'S 1107 ELMIRA. SO THAT PROPERTY WILL NOT BE AFFECTED BY THE SHORT-TERM RENTAL USE, OR AT LEAST THE OWNERS, UH, ARE MORE THAN HAPPY TO HAVE IT AFFECTED, IF AT ALL. BUT GIVEN THAT THESE, THE ELMIRA PROPERTY HAS BEEN PREVIOUSLY USED BY FOLKS WHO, UH, CAME AS SNOWBIRDS, YOU WOULD SAY THEY CAME TO TEXAS DURING THE WINTER MONTHS TO LIVE THERE. SO IN ESSENCE, IT WAS ALREADY BEING USED AS A QUASI, UH, SHORT TERM TYPE PROPERTY. THE NEXT FACTOR THAT THE BOARD CONSIDERS IS WHETHER THE SPECIAL EXCEPTION WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION. AS I'VE ELABORATED ON ALREADY, THIS IS AN AREA FULL OF TOURISTS. THERE IS A LOT OF FOOT TRAFFIC GOING TO THE PEARL FROM THIS AREA, AND IT'S NOT OTHERWISE A WELL-DEVELOPED RESIDENTIAL SUBDIVISION WHERE HAVING NEW PEOPLE IN AND OUT OF THE AREA WITH SOME FREQUENCY WOULD CHANGE THE CHARACTER. THIS TYPE OF PROPERTY IS VERY SUITABLE TO HAVING NEW PEOPLE IN FROM TIME TO TIME, GIVEN THAT IT IS A TOURIST AREA. FINALLY, THE LAST FACTOR IS WHETHER THE SPECIAL EXCEPTION WILL, UH, THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE. AND AS I'VE ALLUDED TO WITH THE MAP THAT I HANDED OUT, WE DON'T BELIEVE THAT A SPECIAL EXCEPTION HERE WOULD WEAKEN THE PURPOSE BECAUSE WHILE THERE ARE A FEW OTHER SHORT-TERM RENTAL PERMITS IN THE AREA, WHEN YOU LOOK AT THE FEW BLOCK RADIUS, THERE'S ONLY A HANDFUL OF THEM. SO ADDING ANOTHER SHORT TERM RENTAL, UH, WILL NOT CHANGE WHAT IS OTHERWISE THE PURPOSE OF THESE SECTIONS, WHICH IS TO ENSURE THAT THERE IS HARMONY IN THESE NEIGHBORHOODS, UH, AND NOT TOO MUCH, UH, TRAFFIC FROM SHORT TERM RENTERS. SO WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS YOU ALL MAY HAVE. OKAY. UM, I'LL, I'M GONNA GO AHEAD AND START OFF. SO I, I NOTICED ON BCA THAT THIS IS A 2,500 SQUARE FOOT HOME. THAT'S CORRECT. THREE STORIES WITH AN ELEVATOR. OKAY. SO WE HAD, WE HAD HEARD IN, IN THE SOHO, UH, IDZ DEVELOPMENT DIRECTLY BEHIND YOU. WE HAD ALREADY HEARD A REQUEST FOR AN INCREASE AND YEARS AGO, ONE OF THE STANDOUTS WAS LACK OF PARKING. TOO MANY PEOPLE THAT WERE THERE. UH, AND, AND, UH, AND THE NEIGHBORHOOD, UH, I MEAN, THE RESIDENTS SHOWED UP, UH, AND THEY WERE AGAINST IT. AND SO, YOU KNOW, HOW, HOW WOULD YOUR DEVELOPMENT ADDRESS THE NEED FOR POTENTIAL PARKING WITH A 2,500 SQUARE FOOT? IT LOOKS LIKE YOU GOT A ROOF BALCONY. I MEAN, THIS LOOKS LIKE IF IT WOULD'VE RENT, IF IT WOULD'VE BE RENTED OUT, IT COULD ACCOMMODATE AN ENORMOUS AMOUNT OF PEOPLE. AND IT LOOKS LIKE YOU HAVE ONE SINGLE CAR GARAGE AND THEN ONE PARKING SPACE ON THE PROPERTY. SO IF YOU COULD TOUCH ON THAT, THAT'D BE GREAT. ABSOLUTELY. UH, MY CLIENTS HAVE NO INTENTION OF RENTING IT OUT TO, UH, FOR FRAT PARTIES, FOR LACK OF A BETTER WORD OF SAYING IT, OR MULTIPLE, UH, OWNERS, IT, IT IS MARKETED AS A FAMILY RESIDENCE. UH, I BELIEVE THERE ARE THREE BEDROOMS IN THE HOME ON DIFFERENT LEVELS. AND SO WE DON'T SEE IT AS REALLY BRINGING IN MORE THAN A SINGLE FAMILY. UH, WITH TWO VEHICLES, IF SOMEBODY'S COMING INTO TOWN FOR THIS PERIOD OF TIME, WE DON'T ANTICIPATE THAT THERE'S GONNA BE MORE THAN ONE VEHICLE, MAYBE TWO VEHICLES IF THERE, SAY, WE'RE TWO FAMILIES COMING TO SHARE THIS UNIT FOR A SHORT PERIOD OF TIME. AND IS THIS DEVELOPMENT PART OF THE SOHO NEIGHBORHOOD ASSOCIATION OR THEIR LITTLE CONDO ASSOCIATION OR WHATEVER THEY'RE CALLED, ? I DON'T KNOW OFF THE TOP OF MY HEAD. UM, I COULD LOOK AND SEE, BUT THAT DOES NOT SOUND FAMILIAR. AND THEN YOU ALSO MENTIONED THAT YOU WERE GOING TO USE SOME OF THE MONEY FOR, FOR UPDATES IN CONSTRUCTION, BUT HOW COULD YOU, HOW COULD YOU MARKET IT FOR RENT? IF THERE'S GOING TO BE UPGRADES AND IT'S GOING TO BE IN CONSTRUCTION, HOW WOULD THAT WORK OUT? SURE. WHEN THERE WILL BE PERIODS OF SUBSTANTIAL CONSTRUCTION, IT WILL NOT BE RENTED OUT. OKAY. ANY OTHER QUESTIONS FROM THE COMMISSION? COMMISSIONER KAPLAN? YEAH. UH, SO CAN I ASK HOW MUCH THEY PAID? THIS WAS BUILT IN 2017, SO IT'S SEVEN YEARS OLD. YES. WHAT WAS THE ORIGINAL PURCHASE PRICE? IF MEMORY SERVES ME, IT WAS ABOUT 700 OR $750,000. 750. IT WAS, I, AND I ACTUALLY HELPED MS. CLARK WHEN SHE BOUGHT THIS PROPERTY AND I WAS FLABBERGASTED BY THE AMOUNT THAT SHE WAS PAYING FOR THE CONSTRUCTION OF THIS PROPERTY. FLABBERGAST IT TOO. BECAUSE IT'S VALUED AT 800 NOW. YES. SO, UM, YOU'D BREAK EVEN BASICALLY IF YOU SOLD IT? THAT'S CORRECT. OKAY. SO WHAT WOULD PREVENT YOU FROM DOING A, UH, LONG-TERM RENTAL? WE HAVEN'T. WELL, SO [00:20:02] IN RESPONSE TO THE JUST PRIOR QUESTION, OUR CONCERN WITH THE LONGER TERM RENTAL IS THERE MAY BE PERIODS OF TIME WHERE WE NEED TO PERFORM SOME OF THE REPAIRS. UH, AND SO IF THERE'S A LONGER TERM RENTER IN THERE, MAYBE THEY'D RENT IT FOR A YEAR. IF THEY'RE IN THERE, WE WOULDN'T WANT TO GO IN AND DO ANY OF THOSE REPAIRS WHILE THEY'RE RENTING. SO WE WOULD HAVE TO STAGE IT, TRY TO GET EVERYTHING SET UP FOR REPAIR WORK, SAY WHEN A ONE YEAR LEASE IS DONE, AND THEN DO SOME PERIOD OF REPAIRS, ASSUMING THEY CAN FINANCIALLY AFFORD TO DO ALL THOSE REPAIRS AND THEN TURN AROUND AND RELEASE OR REMARKET IT FOR SALE. OKAY. MANNA COMMISSIONER MANNA. SO, UM, SO, SO JUST AS A NOTE, 30 DAYS OR MORE IS CONSIDERED LONG TERM RENTALS. SO, SO THERE ARE SOME GROUPS THAT HAVE RENTED OUT OUT TO BUSINESSES AND, YOU KNOW, THAT KIND OF THING. SO, UM, QUESTION I HAVE IS, UH, THE TOBIN HILL ASSOCIATION IS IN OPPOSITION TO THIS. DID YOU ALL HAVE AN OPPORTUNITY TO TALK WITH THEM TO FIND OUT, YOU KNOW, WHAT THE, WHAT THAT OPPOSITION WAS ABOUT? AND AND WAS THERE ANY DISCUSSION AS FOLLOW UP? WE HAVE NOT. MY CLIENT WAS HANDLING THIS HIMSELF. UH, PREVIOUSLY I HAVE NOT HEARD ANYTHING FROM TUBING HILL, NOR HAVE I HAD AN OPPORTUNITY TO REACH OUT. I ASKED MY CLIENT ABOUT IT. THEY SAID THEY HEARD OF THE OPPOSITION, BUT THEY DID NOT RE YOU KNOW, THEY HAD NO COMMUNICATION. SO, SO WHEN I LOOK AT THE MAP AND LOOKING ONLINE AT THE MAP, UM, WITH REGARDS TO SHORT-TERM RENTALS, I DO SEE ONE ON EVERY BLOCK ESSENTIALLY KIND OF AROUND THAT COMMUNITY, WHICH IS KIND OF WHAT'S PERMITTED BY. RIGHT. AND, UM, AND SO WITHIN 600 FEET, THERE'S ACTUALLY NINE, UH, STR TWOS HERE. SO, SO IT IS A LITTLE BIT DENSE, YOU KNOW, FROM, YOU KNOW, I GUESS IN SOME, IN SOME PERSPECTIVES. SO, UM, YOU KNOW, SO, SO I GUESS, YOU KNOW, JUST QUESTIONING YOUR DIALOGUE WITH REGARDS TO, UM, YOU KNOW, NOT BEING ABLE TO USE THE PROPERTY FOR, UH, WHAT IT IS THAT WANTS TO BE USED FOR, BUT IT IS STILL A HOME THAT YOU HAVE VALUE IN THAT, THAT YOU KNOW, THAT YOU CAN WORK WITH. SO, UM, GENERALLY I DO, I DO LIKE TO SEE, YOU KNOW, THE, THAT COMMUNICATION WITH THE NEIGHBORHOOD ASSOCIATIONS, YOU KNOW, AND GETTING THEIR BUY-IN AND, AND SO THAT, YOU KNOW, UM, WOULD BE A GOOD THING TO HAVE HAD. SO THANK YOU. OKAY. OKAY. KAPLAN AGAIN? COMMISSIONER KAPLAN. OH, OKAY. I HAVE ANOTHER QUESTION. YOU HAVE A 7-YEAR-OLD HOUSE AND YOU'RE TALKING ABOUT MAJOR REPAIRS. CAN YOU ELUCIDATE, LIKE, WHAT ARE THESE MAJOR REPAIRS ON A 7-YEAR-OLD HOUSE THAT HAS NOT REALLY BEEN LIVED IN MUCH? UH, UNFORTUNATELY THERE ARE SOME ISSUES WITH THE FOUNDATION. WE'RE NOT CONVINCED THAT THE BUILDER POURED THE FOUNDATION. CORRECT. WHICH HAS LED TO SOME SETTLING. THAT'S THE BIGGEST ISSUE. THERE WERE SOME OTHER, YOU KNOW, WHICH OF COURSE THEN LEADS TO CRACKING. UH, WE'VE GOT SOME CRACKING IN THE COUNTERTOPS, SO THERE'S THINGS LIKE THAT WILL HAVE TO BE REPLACED EVENTUALLY. DEAN, COMMISSIONER, DEAN. SO IN RESPONSE TO THAT, YOU ARE WILLING TO RENT IT SHORT TERM AND I DON'T KNOW, HOPES TO FIX THE FOUNDATION IF IT'S A SAFETY, DO YOU SEE IT AS A SAFETY CONCERN OR WE DON'T SEE IT AS A SAFETY CONCERN. UH, THERE'S NOTHING TO, YOU KNOW, IN SEVEN YEARS OF DEALING WITH IT, IT'S BEEN MORE OF A COSMETIC CONCERN AND SMALL THINGS BREAKING TYPE CONCERN, BUT NOT A SAFETY CONCERN THAT WE'RE CONCERNED WITH ANYTHING, YOU KNOW, FALLING APART. DO YOU OWN THE PRO, IS THE PROPERTY OWNED OUTRIGHT? IS THERE INSURANCE? WHY, WHY ISN'T THERE A CLAIM OR, YOU KNOW? SURE. THE PROPERTY IS OWNED OUTRIGHT. IT WAS INHERITED BY MY TWO CLIENTS WHO ARE BROTHERS. THERE IS PROPERTY INSURANCE ON IT, BUT THE INSURANCE DOESN'T COVER DEFECTS FROM THE MANUFACTURER, FROM THE BUILDER. UH, IF THERE HAD BEEN AN EVENT THAT HAD CAUSED THE DAMAGE, THEN WE WOULD'VE MADE AN INSURANCE CLAIM AND HOPEFULLY IT WOULD'VE BEEN PICKED UP. BUT DOES THE BUILDER WARRANTY THEIR WORK FOR THE SLAB OR THAT'S, THERE'S NO LONGER A WARRANTY FROM THE BUILDER? I STAYED, YEAH. I WAS UNDER THE IMPRESSION THAT IT WAS A, A STANDARD STANDARD WAS 10 YEARS ON A FOUNDATION. I CAN GO BACK AND LOOK AT THE CONTRACT, BUT I, I'M NOT AWARE OF THERE BEING A REQUIREMENT THAT A BUILDER HAS A 10 YEAR WARRANTY. ALL, ANY OTHER QUESTIONS? UH, BON COMMISSIONER EZ, WHAT DO YOU GUYS ANTICIPATE TO, UH, TO CHARGE AND MAKE IT BEING A SHORT-TERM RENTAL? YOU KNOW, I'M SORRY, I DO NOT HAVE THAT INFORMATION OFF THE TOP OF MY HEAD. WHAT DO YOU THINK IT, IT YOU COULD GET IF IT WERE JUST, UH, REGULAR LONG-TERM RENTAL? WHAT ARE THE, THE RENTAL COMPS IN THE AREA? I DO NOT HAVE THAT INFORMATION. I'M VERY SORRY. GOTCHA. I JUST, I KNOW THIS IS A VERY HIGH, HIGHLY DESIRABLE AREA. I KNOW RENTS ARE HIGH IN THE AREA. UM, PEOPLE WANNA LIVE THERE, YOU KNOW, LONG TERM. AND I KNOW THEY WANNA STAY THERE SHORT TERM AS WELL TOO, BUT, OKAY. JUST SEEING IF YOU, YOU KNOW, IF YOU DO IT LONG TERM, ARE YOU REALLY SUFFERING A BIG, BIG LOSS FINDING A LONG TERM TENANT? THUS FAR? WE HAVE, FROM WHAT I, WHAT HAS BEEN REPORTED TO ME, THE LONG-TERM TENANTS EITHER WON A YEAR PLUS LEASE, UH, WHICH IS NOT AS ECONOMICALLY, UM, I GUESS REWARDING. AND IT ALSO DOESN'T GIVE US THE OPPORTUNITY TO SEE WHERE WE ARE, MAKE SOME REPAIRS AND CONTINUE THAT PROCESS. THEY HAVE LOOKED AT SELLING THE PROPERTY RECENTLY. UH, UNFORTUNATELY, [00:25:01] GIVEN WHERE, UH, MORTGAGE RATES ARE AND GIVEN WHAT ELSE IS IN THE NEIGHBORHOOD, UH, THERE HAVE, THE SALES COMPS ARE NOT GOOD. OKAY. STAFF, UH, IS THERE ANY PUBLIC COMMENTARY YOU WANT SENATOR TO SPEAK? AND YOU'RE MR. REED, RIGHT? YES. OKAY. UH, THERE'S NO PUBLIC COMMENTS. ALL RIGHT, MR. CHAIR. I DO HAVE A, A QUESTION. YES. COMMISSIONER ZI DON'T. DID THE TOBIN HILL COMMUNITY, UH, NORTHWOOD ASSOCIATION PROVIDE ANY LETTER OR ANYTHING TO THE, TO, UM, PROVIDE WHAT THEIR OPPOSITION WAS? SO I WOULD, I WOULD LIKE TO HEAR WHAT THE NATURE OF THEIR OPPOSITION, IF THERE'S ANY, THEY JUST SUBMITTED THEIR AN OPPOSITION TO US. THAT'S IT. WITH NO. CORRECT. AND, AND THE APPLICANT, YOU DIDN'T HAVE A CHANCE TO TALK WITH THEM ABOUT WHAT THEIR OPPOSITION WOULD BE? I DID NOT. I'D BE, IF YOU CAN CONTINUE THE HEARING, I'M MORE THAN HAPPY TO CONTINUE VISIT, VISITING WITH THEM ABOUT IT TO SEE IF WE CAN, UH, ADDRESS THE OPPOSITION. OKAY. DOES ANYONE ON THE BOARD LIKE TO, UH, MOTION FOR A CONTINUANCE? NO. YOU WANNA, I'M JUST MANNA COMMISSIONER MANNA? UM, YEAH, I, I KNOW I LIKELY KNOW WHAT MY VOTE WILL BE EN UNLESS TOBIN HILL PROVIDES INPUT, AND SO I WOULD RECOMMEND A CONTINUANCE. AND SO THAT WOULD BE MY SUGGESTION IS CONTINUOUS. UH, DO WE HAVE ANOTHER DATE? UH, WHEN THE NEXT AVAILABLE DATE IS, BY CHANCE, HOW LONG WOULD YOU NEED TO MEET WITH THE NEIGHBOR ASSOCIATION? I CAN REACH OUT TO THEM IMMEDIATELY. UH, IT'S JUST AS LONG AS IT TAKES 'EM TO GET BACK TO ME, SO, UM, PERHAPS TWO WEEKS, MAYBE EVEN SOME OF THE NEIGHBORS TOO. ALL RIGHT. TWO WEEKS. NEXT MEETING WOULD BE ON THE 18TH. IS THAT A THAT'S FINE. OKAY. IS THERE A MOTION TO CONTINUE? MOTION TO MOVE TO THE 18TH. IS THERE A SECOND? SECOND. SECOND. SECOND BY COMMISSIONER CRUZ. UH, LET'S TAKE A ROLL CALL. VOTE PLEASE. COMMISSIONER MANA? YES. COMMISSIONER CRUZ? YES. COMMISSIONER BURTON? YES. COMMISSIONER BONIS? YES. COMMISSIONER DEAN? NO. COMMISSIONER KAPLAN? NO. COMMISSIONER BENAVIDES? YES. COMMISSIONER BRAGMAN? NO, IT'S A SIMPLE COMMISSIONER. ZUNA? YES. COMMISSIONER EZ? YES. CHAIR ORIAN. AND YES. UH, MOTION PASSES. EIGHT TO THREE. UH, WE JUST NEED A MAJORITY ON A CONTINUANCE, SO YOU HAVE UNTIL THE 18TH, AND WE LOOK FORWARD TO SEEING WHAT YOU CAN FIND OUT FOR US. VERY GOOD. I APPRECIATE YOUR TIME, AND YOU ALSO HEARD SOME OF THE QUESTIONS, SO JUST BE PREPARED. THEY'LL PROBABLY BE REASKED. ABSOLUTELY. ALL RIGHT. THANK YOU. THANK YOU ALL VERY MUCH. OKAY, WE'RE GONNA BRING BACK ITEM ONE. I'LL BE RECUSING ENTERING THE GAVEL OVER TO VICE CHAIR ZUNA. THANK YOU. TIME IS ONE 30. OH, AND ALSO, UH, YEAH, TIME IS ONE 30. AND THEN PLEASE LET THE RECORD NOTE THAT AT ONE 10, UH, COMMISSIONER BENI, UH, JOIN THE MEETING AND AT ONE 30, UM, STORY AND RECUSED HIMSELF, UH, STAFF. LET'S BEGIN WITH THE PRESENTATION. ALL RIGHT. GOOD AFTERNOON. MARCO M, PRINCIPAL PLANNER, UM, BO, OA 24 1 0 3 0 0 25, LOCATED AT FOUR 12 SOUTH HACKBERRY. DISTRICT TWO. APPLICANT BEING MR. PETERS IS AN APPEAL FOR AN ADMINISTRATOR'S DECISION ON THE INTERPRETATION OF SECTION 35 DASH THREE 10.06 A ONE ZONE RM FOUR. NEXT SLIDE, PLEASE. THIS IS THE SECTION OF CODE. UM, SPECIFICALLY WHAT WE'RE TALKING ABOUT IS THE SECOND SENTENCE. MULTI-UNIT CONSTRUCTION ON LOTS. ONE THIRD OF THE SIZE OF AN ACRE OR SMALLER, SHALL BE WITHIN A SINGLE STRUCTURE. SO THIS UDC UPDATE WAS MADE IN 2023, ADDING THAT LANGUAGE. UM, AND THE UDC DETERMINES SINGLE STRUCTURE IN THE RM REFERS TO THE PRINCIPAL OF PRIMARY USE PERMITTED WITHIN THOSE SPECIFIC ZONING DISTRICTS. RN DISTRICTS ARE DESIGNATED FOR RESIDENTIAL LAND USE, ALLOWING CONSTRUCTION TWO TO FOUR FAMILY DWELLINGS SUCH AS DUPLEX, TRIPLEX, OR QUALEX. THE TERM SINGLE STRUCTURE UNDERSCORES THAT WITHIN THESE DISTRICTS, THE PRIMARY PURPOSE IS TO ACCOMMODATE RESIDENTIAL DEVELOPMENTS CONSISTING OF ONE MAIN BUILDING OR STRUCTURE. THE ZONING PRINCIPLE HELPS REGULATE THE LAND USE AND DEVELOPMENT PATTERNS WITHIN A MUNICIPALITY OR JURISDICTION, ENSURING THAT CERTAIN AREAS ARE DESIGNED FOR SPECIFIC TYPES OF LAND USES TO PROMOTE, TO PROMOTE ORDINARY, URBAN OR SUBURBAN DEVELOPMENT. IT ALSO PROVIDES CLARITY FOR DEVELOPERS AND PROPERTY OWNERS REGARDING THE PERMITTED USES AND DENSITY ALLOWANCES. WITHIN THE RM DISTRICTS, APPLICANT IS ATTEMPTING TO USE A COVERED AWNING WALKWAY TO CONNECT TWO SEPARATE DUPLEXES INTO ONE STRUCTURE. THE PRINCIPAL STRUCTURES ARE THE TWO DUPLEXES AND THE COVERED AING WALKWAY, IF CONSIDERED AN ACCESSORY STRUCTURE. THIS IS [00:30:01] THE PROPERTY AS IT IS, UH, RIGHT NOW. PLEX TO THE LEFT IS, UM, RELATIVELY, UM, IN A MORE DEVELOPED THAN THE ONE TO THE RIGHT. I BELIEVE THE AWNING IS GONNA BE IN BETWEEN THOSE TWO. NEXT SLIDE PLEASE. THIS IS THE SURROUNDING AREA. THE STAFF CONCLUSION TO THE CURRENT CONFIGURATION OF DEVELOPMENT WILL REQUIRE THE BOARD OF ADJUSTMENT APPROVAL BASED ON SECTION 35 DASH THREE 10.06 BASED ON THE FOLLOWING FINDINGS OF FACT, THE COVER, HONOR A WALKWAY IS NOT CONSIDERED A PRINCIPAL STRUCTURE. THE INTENT OF THE UDC AMENDMENT WAS TO REDUCE MULTIPLE STRUCTURE ON SMALLER LOTS, AND THE DUPLEXES ARE CONSIDERED PRINCIPAL STRUCTURES ON THE PROPOSED DEVELOPMENT. 36 NOTICES WERE MAILED OUT, ZERO RECEIPT IN FAVOR AND OPPOSITION, AND DENVER HEIGHTS IS IN OPPOSITION. THAT CONCLUDES STAFF'S PRESENTATION. UH, CAN I HAVE A QUESTION BEFORE TO CLARIFICATION OF WHAT WE'RE LOOKING AT? YES, MA'AM. UH, ON THE PICTURE OF WHAT WE'RE SEEING, UH, THERE'S ON THE RIGHT, THE BUILDING, THE STRUCTURE ON THE RIGHT, IS THAT GOING TO BE A TWO A THREE STORY ALSO? I SEE NOW THE ONE, THERE'S, THERE'S TWO UNITS THAT SEEM TO BE IN GREEN, YOU KNOW, COVERED IN THE GREEN STUFF. AND THEN ON THE RIGHT HAND SIDE, THAT IS THAT GOING TO ALSO LOOK LIKE THE ADJACENT PROPERTIES? I BELIEVE IT IS. UM, BUT THE, THE APPLICANT SHOULD BE ABLE TO CLARIFY THAT QUESTION ALSO. SO DOES STAFF HAVE A RECOMMENDATION HERE OR THEY JUST SEEKING? SO WE'RE JUST RECOMMENDING DENIAL FOR THE APPEAL. HE IS NOT HERE TO GET A VARIANCE FOR THE TWO SEPARATE STRUCTURES. IF HE GETS DENIED, THAT IS AN OPTION THE APPLICANT CAN DO SEPARATELY. UH, SO IF YOU GUYS DENY HIM, THEN HE HAS THE OPTION TO COME BACK TO ASK FOR THE TWO SEPARATE STRUCTURES. THAT'S, DOES THAT MAKE SENSE? OKAY. NO, NO. MARCO, CAN YOU WALK US THROUGH THAT AGAIN? OKAY. SO WE ARE ONLY HERE TO APPEAL OUR DEFINITION OF THE SEPARATE STRUCTURES. WE BELIEVE THE CONFIGURATION THAT THEY'RE DOING RIGHT NOW IS TWO SEPARATE STRUCTURES. THE APPLICANT IS HERE TO CONVINCE YOU THAT IT IS ONE STRUCTURE. SO HE'S NOT ASKING FOR TWO SEPARATE STRUCTURES. HE'S ASKING TO APPEAL OUR DECISION THAT THIS IS CONSIDERED ONE STRUCTURE OR TWO STRUCTURES. AND THE AWNING IS THE, IS THE COMPONENT THAT IS LINKING THESE TWO STRUCTURES TOGETHER. AND THAT'S KIND OF WHAT WE'RE TALKING ABOUT THEN, CORRECT? YES. CORRECT. CORRECT. WHAT, WHAT IS THAT AWNING TO BE CONSTRUCTED OF? HOW IS IT TO BE CONSTRUCTED? TO BE CONSTRUCTED? UM, I DO NOT KNOW THE APPLICANT SHOULD BE ABLE TO ANSWER THAT QUESTION. SO REGARDLESS OF WHAT IT IS, WHAT THE MATERIAL IS, IT'S STILL THE, THE CONNECTION OF THE BUILDINGS THAT WHAT WE'RE TALKING ABOUT, THE PERMANENT MANNER. SO THE QUESTION I HAVE HERE IS WHAT WOULD NORMALLY BE CONSIDERED AN APPROPRIATE STRUCTURE TO CONNECT TWO BUILDINGS? WE DO NOT FEEL THAT THERE IS AN APPROPRIATE, UM, DEFINITELY NOT THIS ONE, BUT I CAN'T THINK OF ONE RIGHT NOW THAT YOU'RE TALKING ABOUT. MY DEFINITION OF THE UDC UPDATE IS EITHER A DUPLEX, QUADPLEX, TRIPLEX, THAT'S THE INTENT OF THE CODE AS WE SEE IT, NOT TWO BUILDINGS CONNECTED BY SOME SORT OF A ACCESSORY STRUCTURE. THANK YOU. ALRIGHT, THANK YOU. AT THIS TIME, I'D ASK THE APPLICANT TO PLEASE COME FORWARD. ALVIN PETERS 1 0 1 6 STATE HIGHWAY 46 EAST. BERNIE. UM, I'M THE APPLICANT. I HAVE THE OWNER, UH, ANTHONY STARLING HERE TODAY. UH, LEMME SEE. I HAVE A COUPLE SLIDES, I THINK. DID I, I, I'LL ASK HOW, HOW DID WE GET HERE? , UM, DID THE PLANS GO THROUGH CITY? ABSOLUTELY. AND, UH, IT'S ONE OF THE SLIDES. SO I THINK IT WAS, UH, SUBMITTED 6 13, 2 0 2 3. UM, WE SUBMIT TO INTAKE, UH, 11 9 2 0 2 3. YOU KNOW, AFTER, UM, NUMEROUS MEETINGS, REVIEWS, ET CETERA, RESPONSES TO DENIAL COMMENTS, THE PERMIT WAS ISSUED. MY CLIENT'S BEEN UNDER CONSTRUCTION SINCE THEN. AND THEN, UM, I GUESS A MONTH AGO, UH, MS. GONZALEZ, UH, THE CITY STAFF PE UH, NOTIFIED ME AND SAID, I THINK WE GOT A PROBLEM, UM, WITH THE CONNECTION. AND SO I NOTIFIED THE OWNER ABOUT THE CANOPY. THE QUESTION, THE, THE CONNECTION BETWEEN THE TWO THREE STORY STRUCTURES. NOW I'LL WALK YOU THROUGH IT. SO LET'S, UH, PAN UP A LITTLE BIT, DON'T IT? I'M SORRY. POINTER. OH, THERE'S A POINTER HERE. LASER POINTER. YEAH. OKAY. UM, I GOT YOU. OKAY. OKAY. SO WHEN YOU LOOK AT THE PHOTO A MINUTE AGO, THIS IS A THREE STORY PORTION OF THE, UH, SINGLE BUILDING TWO UNITS. UM, THE ONE THAT'S UNDER CONSTRUCTION THAT LOOKS LIKE IT'S ONLY ONE STORY IS ONLY ONE STORY. TODAY. IT MAY BE TWO STORY, UH, BY, IN THE WEEK IT SHOULD BE THREE STORIES. SO THEY LOOK EXACTLY [00:35:01] ALIKE. UM, ABOUT JULY OF THE REVIEW. WELL, LET'S GO THROUGH THE OTHER, UH, SLIDES. MAYBE, UH, LET'S HOP TO THE NEXT ONE. SO HERE'S A LITTLE BIT, UH, BETTER VIEW. AND THEN YOU SEE THIS TINY CONNECTION ALONG THE FRONT FACADE OF THE, THE BUILDING ALONG HACKBERRY. THAT'S THE AWNING. UM, THAT'S IN QUESTION. AND I THINK THE QUESTION IS, UM, YOU KNOW, WHAT'S THE DEFINITION OF AN ACCESSORY USE STRUCTURE? AND IN MY MIND, THAT'S A, THAT'S ONE OF THE BIG QUESTION ACCESSORY USE WHEN IT DEALS WITH BUILDINGS. I DON'T SPEAK AS AN ARCHITECT. AND, AND, AND IN MY UNDERSTANDING OF DEFINITIONS THAT PERTAIN TO MY PRACTICE, AN ACCESSORY USE STRUCTURE IS TYPICALLY SOMETHING THAT'S SEPARATED FROM THE BUILDING. NORMALLY IN THE CITY OF SAN ANTONIO, YOU HAVE, UM, 10 FOOT SEPARATION. IF YOU ARE LESS THAN THAT THAN YOU FIRE RATED, THE AWNING IS NOT AN ACCESSORY USE STRUCTURE. IT'S A PURE CONNECTION. THE FOUNDATIONS WILL BE CONNECTED TO EACH BUILDING. THE ROOF STRUCTURE WILL BE CONNECTED TO EACH BUILDING. UM, NOW THOUGH, THIS IS THREE STORIES, AND THIS IS THREE STORIES. THE CONNECTION WILL BE ONE STORY. UM, AND, AND I THINK THE OTHER STAGES, UH, DO WE HAVE THE OTHER, UH, EXHIBITS OR CAN WE TOGGLE DOWN? UM, AND THIS IS JUST, UM, A LITTLE BIT MORE INFORMATION. UH, I THINK IN LARGE PLANS OF THE BUILDING. LET'S KEEP TOGGLING DOWN. I'M TRYING TO FIND SOMETHING. AH, IT REALLY DOESN'T SHOW THE AWNING. OKAY, ON THIS RIGHT HERE. SO THERE'S THE PIECE OF THE AWNING. IT'LL BE, UM, IT'LL BE A METAL ROOFED, UH, STRUCTURE. IT WILL BE, UM, NON-COMBUSTIBLE METAL. WE AGREED TO THAT. NOW, KEEP IN MIND, BOTH UNITS ARE, ARE FULLY FIRE SPRINKLED. UM, AND OUR AGREEMENT WITH THE CITY OF SAN ANTONIO IN THIS CONNECTION, UH, THE BUILDINGS ARE 10 FOOT APART. IT WOULD BE, UM, NON FLAMMABLE MATERIAL. SO IT'S METAL TUBE FRAME, UH, METAL ROOF FRAME, AND METAL ROOFING. UM, LET'S TOGGLE DOWN A LITTLE BIT MORE. AND HERE'S, HERE'S, THIS IS THE AWNING IN QUESTION. AND I THINK THE QUESTION IS, IS IT AN ACCESSORY USE STRUCTURE? NO, NOT IN A DEFINITION OF ARCHITECTS. UH, I WOULD CONSIDER A COMPONENT OF A SINGLE BUILDING. YOU KNOW, ALL OF US HAVE SEEN 10,000 SQUARE FOOT BUILDINGS, THREE STORIES, AND THEY HAVE A ONE STORY, UM, ENTRY LOBBY, YOU KNOW, AT, AT THE FRONT. IS IT ONE STRUCTURE? IT ABSOLUTELY IS. UM, ARE U-SHAPED BUILDINGS WITH COURTYARDS CONNECTED BY AIR CONDITIONED WALKWAYS? IS THAT ONE STRUCTURE? ABSOLUTELY. IT IS. IT IS NOT TWO STRUCTURES, UH, SEPARATED BY AN ACCESSORY USE. IT IS A CONTINUOUS CONTIGUOUS BUILDING, UM, SIMILAR TO THIS. NOW, LET'S KEEP GOING. UH, I THINK, I'M NOT SURE WHAT THIS ONE SHOWS PROBABLY. OH, THE AWNING OFF TO YOUR LEFT. IT WAS INTENT HERE. AND I THINK MY GUYS AT THE OFFICE THAT THIS IS THE AWNING RIGHT HERE. NOW, GIVE YOU A LITTLE, UM, BACKUP. WHEN MS. GONZALEZ, CITY STAFF PE CAME TO ME ABOUT A MONTH AGO AND SUGGESTED THAT WE SIT DOWN AND I SAID, ABSOLUTELY. GOT THE OWNER TOOK US A COUPLE WEEKS, WE GOT TOGETHER AND I GO, WELL, MS. GONZALEZ, WHAT'S THE ALTERNATIVE? AND SHE OFFERED, CONTINUE THE AWNING ACROSS THE DEPTH OF THE BUILDING. THE BUILDING FROM HACKBERRY WHERE THE FACADE IS TO THE REAR WALL OF THE BUILDING IS 31 FOOT FOUR. SO THAT WAS AN OPTION THROWN OUT THERE. AND, AND, AND THE OWNER'S COMMENT WAS, WELL, GOSH, THAT'S A LOT OF MONEY. YOU KNOW, MAYBE THIS AWNING, WHICH IN, WE'LL COME TO ANOTHER EXHIBIT FURTHER DOWN WHERE THE AWNING, THE SIZE, THE HEIGHT, ET CETERA, WAS A RECOMMENDATION FROM THE CITY STAFF IN THE PLAN REVIEW PROCESS. WE TOTALLY AGREED TO DO THIS AWNING AND, AND, AND THAT IT WOULD MEET THE SPIRIT OF THE ORDINANCE. UM, RIGHT OR WRONG IS MY FIRST EXPERIENCE WITH THE ORDINANCE. SO OBVIOUSLY I HAVE TO DEPEND ON CITY STAFF. I MEAN, IT'S A TWO-WAY STREET HERE. UM, I DON'T KNOW EVERYTHING. AND, UH, I ASK QUESTIONS AND, UH, THIS WAS A RECOMMENDATION AND WE MOVE FORWARD ON IT. UM, AND IT WAS APPROVED DURING THE PLAN REVIEW PROCESS. WE HAVE A FULL PERMIT. UM, LET'S GO TO THE NEXT, UH, I THINK, IS THERE ANOTHER EXHIBIT? OKAY, LET'S OPEN THAT UP. WELL, I THINK, I DON'T KNOW WHAT THIS IS. MAYBE, I'M NOT SURE. IT'S PROBABLY A DIFFERENT, UH, PDF THAT SAYS, UM, ARE YOU LOOKING FOR EMAILS? UH, YEAH, THERE WAS TWO EMAILS. OH, OKAY. SO LET'S LOOK AT THIS. AND MAN, IT'S HARD FOR ME TO SEE, UM, I'M, I'M LOOKING FOR A PARTICULAR HIGHLIGHTED, AND IF [00:40:01] IT WAS HIGHLIGHTED IN YELLOW, IT SHOULD, IT SHOULD APPEAR A LITTLE BIT DIFFERENT. SO KEEP GOING DOWN THROUGH THESE LINES OF, OF TEXTS AND WE'LL COME TO THE, UH, EMAIL. UH, I'M CONCERNED. OKAY, HOLD ON. UM, OKAY. SO THIS CAME FROM, UH, CITY STAFF. UM, AND THE RECOMMENDATION, YOU KNOW, TWO WAYS TO PERMIT THIS, YOU GUYS EITHER AS A RESIDENTIAL PERMIT OR A COMMERCIAL PERMIT. UM, AND THE COMMERCIAL HAD THE LEAST BAD OUTCOMES OR MORE COSTLY OUTCOMES, LET'S SAY. SO THIS IS ITEM TWO IS WHAT I'M TALKING ABOUT. AND I'LL READ IT TO YOU. KEEP THE AWNING CONNECTING THE BUILDINGS. NO VARIANCE WOULD BE REQUIRED, AND YOU COULD CONTINUE WITH THE CURRENT SUBMITTAL. FIRE SPRINKLERS WERE REQUIRED, AND OBVIOUSLY WE SAID YES. UH, THE FIRE, WE'VE ADDED THE FIRE, UH, SPRINKLER NOT TO THIS PERMIT. IT'LL BE A SEPARATE PERMIT BY A FIRE SPRINKLER CONTRACTOR, UH, TO BE SUBMITTED SOON. AND THEN, UM, ANYWAY, AND I THINK THAT'S, THAT'S IMPORTANT PART OF THE EMAIL LANGUAGE. AND THIS HAPPENED IN SEPTEMBER 27TH. AND CONSEQUENTLY, AS I SAID EARLIER, IT WAS PERMITTED, UH, NOVEMBER 9TH, 2 0 2 3. SO REAL, WE, WE, WE REVISED THE DRAWINGS TO SHOW WHAT I JUST SHOWED YOU. YOU SAW THE WATERMARK ON ALL THE DRAWINGS, AND THEY HAVE BEEN APPROVED, UM, BY THE CITY OF SAN ANTONIO FOLLOWING THEIR ADVICE. UM, NOW WE'RE ASKED TO POSSIBLE THE POSSIBILITY. WE WE'RE BEING TOLD THERE IS A POSSIBILITY WE COULD REVOKE, UH, THE PERMIT. UM, AND I SAID, WELL, HECK, LET'S, LET'S GO TO THE BOARD AND LET'S SEE WHAT THEY THINK. UM, NOW, TODAY I DID LEARN ABOUT DENVER HEIGHTS, UM, BEING AN OBJECTION TO THIS. AND, AND WE HAVEN'T HAD AN OPPORTUNITY. THE OWNERS HERE, AND HE TOLD ME TWO YEARS AGO WHEN HE STARTED DREAMING ABOUT THIS PROJECT, HE DID MEET WITH THESE FOLKS. I HAVE NO PROOF RIGHT NOW. UM, IF I, IF I NEED TO, IT'S EASY ENOUGH TO MEET WITH THESE, UH, FOLKS AND, AND SEE WHAT THEIR CONCERNS ARE. I DID MEET, UH, I THINK A WOMAN IN, IN THE HALLWAY THAT'S IN OBJECTION, UH, HAS OBJECTIONS TO IT. AND, UM, SHE'LL BE ABLE TO SPEAK LATER AND HOPEFULLY WE CAN ADDRESS SOME OF HER ISSUES. UM, THANK YOU, MR. PETERS. LET'S SEE, UH, KALAN, MS. KALAN, AND THEN MS. OKAY. UH, AND I'M NOT SURE IF I'M DIRECTING THIS TO MR. PETERS OR TO THE CITY. UM, YOU'RE CLAIMING YOU SUBMITTED THESE PLANS AND THE CITY GAVE YOU A BUILDING PERMIT, WHICH MEANS THIS WASN'T AN ISSUE IN NOVEMBER WHEN YOU GOT THE BUILDING PERMIT. THAT'S MY UNDERSTANDING. NOW, WAS IT A MISTAKE BY THE CITY? MAY, SO I SHOULD ASK THE CITY, WAS THIS A MISTAKE? HOW DID THEY GET A BUILDING PERMIT AND HAVE THIS WALKWAY ISSUE? I, I CAN SPEAK TO THAT. YES, IT WAS, UH, IT WAS AN ERROR DURING THE REVIEW PROCESS. OKAY, WE GOT IT. THANK YOU, MS. KAPLAN. MS. BRAGMAN, UM, THIS IS FOR THE APPLICANT. WELL, ACTUALLY THE FIRST QUESTION IS FOR STAFF. SO IT SAYS THE UDC WAS UPDATED IN 2023 WHEN, IN 2023, THAT WAS PART OF THE UDC AMENDMENTS THAT THEY DID IN 2022, AND THEN THEY BECAME EFFECTIVE JANUARY 1ST, 2023. OKAY, THANK YOU. MM-HMM, . SO NOW MY, MY QUESTION IS FOR THE APPLICANT, UM, YOU TALKED ABOUT THE, THE AWNING AND YOU SAID IT, IT'S, UH, GENERALLY RECOGNIZED THAT IF A PORTION OF A PROPERTY, UM, CONNECTING TWO PIECES IS, UH, AIR CONDITIONED, THEN IT'S GENERALLY ACCEPTED AS, AS ONE PROPERTY. IS THIS AWNING GONNA BE FULLY ENCLOSED AND AIR CONDITIONED? I WASN'T CLEAR. IT CAN BE AIR CONDITIONED AND IT DOESN'T HAVE TO BE AIR CONDITIONED. LET'S SAY YOU HAVE A RESTAURANT AND THEY HAVE A CANOPY IN THE FRONT THAT IS PHYSICALLY CONNECTED TO THE BUILDING. THE CANOPY IS LEGALLY DEFINED AS PART OF THAT BUILDING. IT'S CONSIDERED PART OF THE FIRE AREA. AND THAT'S IMPORTANT. UM, WE, AND IF THE BUILDING'S SPRINKLED, WE SPRINKLE THE FIRE AREA, THE CANOPY, THIS IS CONNECTED. I THINK I USE AN EXAMPLE SAYING IF IT WAS AIRED, BUT IT DOESN'T HAVE TO BE. OKAY. WELL, I'LL, I'LL TELL YOU IN REAL ESTATE THAT IF A A, IF A PIECE CONNECTS ANOTHER PROPERTY IS NOT AIR CONDITIONED, IT'S NOT CONSIDERED PART OF THE ORIGINAL STRUCTURE OR THE SQUARE FOOTAGE FOR APPRAISAL PURPOSES. OKAY, SO I, I GO BACK TO THE QUESTION OF IS THE AWNING ENCLOSED AND AIR CONDITIONING? IT IS NOT, UH, IT, IT, IT IS ONLY, IT ONLY HAS A ROOF AND IT'S, IT WILL BE, UH, HAVE WALLS ON TWO SIDES AND IT'LL BE OPEN ON TWO SIDES. SO IT'S A BREEZEWAY, ESSENTIALLY. WELL, I, YEAH, BREEZEWAY AWNING, YEAH, WE COULD CALL IT THAT. THANK YOU. BUT I, I WILL REMIND YOU, GARAGES ARE CONSIDERED PART OF HOUSES. THEY'RE NOT AIR CONDITIONED. STORAGE ROOMS ARE CONSIDERED PARTS OF BUILDINGS. THAT'S TRUE. THEY'RE NOT AIR CONDITIONED. THAT'S TRUE. AND THEIR SQUARE FOOTAGE IS INCLUDED. I MEAN, THERE'S, WE CAN LOOK AT TWO DIFFERENT WAYS. AND THE SQUARE FOOTAGE IS NOT INCLUDED IN THE, FOR THE GARAGE EITHER. AND WE SEPARATE [00:45:01] THE BREEZEWAY ON OUR CODE ANALYSIS ON THE BUILDING. WE'RE NOT HIDING ANYTHING. LIKE, I, I HAVE ANOTHER QUESTION FOR THE CITY. I BELIEVE WE HEARD SOMETHING LIKE THIS, UM, THIS YEAR, UH, ABOUT, UM, MORE THAN TWO BUILDINGS ON A SMALL LOT. UM, IT WAS IN THE DENVER HEIGHTS AREA TOO. I BELIEVE IT WAS IN THE PAST YEAR. DO YOU REMEMBER? YEAH, WE'VE HAD, I THINK WE'VE HAD MAYBE SIX OR SEVEN CASES, UM, SINCE THIS UDC HAS CON I KNOW, RIGHT? SIGNIFICANT AMOUNT OF THEM. I THINK WERE IN DENVER HEIGHTS AREA. UM, RIGHT. AND I, I BELIEVE THE LAST ONE I HEARD, WE HEARD, WE GAVE THE VARIANCE FOR, FOR THAT. I DO REMEMBER OFF THE TOP, OFF THE TOP OF MY HEAD, I DO REMEMBER THERE WAS A COUPLE THAT YOU, THAT THE BOA APPROVED LAST YEAR, UM, IN DENVER HEIGHTS. THAT'S JUST FROM MEMORY. THANK YOU, MR. AND THIS IS JUST A REMINDER. THIS IS NOT ASKING FOR THE EXEMPTION LIKE THE OTHER ONES DOES THE APPEAL, THIS IS ASKING FOR AN APPEAL FOR OUR DECISION OF THE DEFINITION OF THE STRUCTURES MANANA, MR. MANNA. SO, SO THIS QUESTION FOR CITY STAFF. SO, UM, SO SAY THAT THERE WAS, UM, ON THE SECOND FLOOR, UM, OF THIS CAN, WHERE THE CANOPY CURRENTLY IS, AND IT WAS BECAME ENCLOSED AS A STORAGE FACILITY WHERE BASICALLY BOTH HAS HAD ACCESS TO HALF OF THAT STORAGE SPACE. SO NOW WOULD YOU CONSIDER THAT A CONNECTED BUILDING AT THAT POINT? UH, WE WOULD NOT, BECAUSE THE LANGUAGE SPECIFICALLY IS FOR THE SEPARATE STRUCTURES ON THE RN FOUR, ADDITIONALLY MF 33 ALSO. BUT IN THIS CASE, THE RM FOUR, THEY MADE SPECIFIC LANGUAGE TO THE SINGLE STRUCTURE. THE OTHER EXAMPLES THAT WERE GIVEN EARLIER, UH, I GOT IT WITH THE OTHER ONES, THERE'S NO, LIKE IF A COMMERCIAL OR A RESIDENT RESIDENTIAL, THERE'S NOT A SPECIFIC LANGUAGE IN THE CODE LIKE THE RM FOUR OR LIKE THE RM DISTRICTS HAVE. SO I GUESS, AND I GOT MAYBE CONFUSED THERE WITH REGARDS TO, IN THE PRESENT, IN THE, UH, PRESENTATION, WE'RE TALKING ABOUT A COMMERCIAL STRUCTURE BEING A SINGLE BUILDING. AND SO IS, IS THAT WHAT WE'RE KIND OF TALKING ABOUT HERE? OR, UM, I, I WAS, I WAS TALKING ABOUT THE, I GUESS THE EXAMPLES MADE EARLIER. SO IF IT'S A, IF IT'S A STORAGE UNIT, UM, ARE YOU SAYING THERE'S A STORAGE UNIT IN BETWEEN BOTH BUILDINGS? WELL, SO, SO I WAS LOOKING AT THE, THE DEFINITION THAT'S HERE ON THIS, ON, ON, ON THE BOARD RIGHT NOW AND TALKS ABOUT A TWO BUILDING STRUCTURE VERSUS SINGLE BUILDING STRUCTURE. AND THE QUESTION IS, IS CAN THIS BUILDING BE LINKED SUCH THAT IT BECOMES A ONE BUILDING STRUCTURE? AN EXAMPLE I GAVE WAS A SHARED, UM, OR A, A CONNECTED STORAGE FACILITY THAT'S, THAT'S CONNECTED TO BOTH BUILDINGS, YOU KNOW, WITH, WITH THE CENTER WALL, WE'LL SAY AT THE FIVE FOOT MARK AND HALFWAY BETWEEN. WOULD THAT NOW BECOME A CONNECTED BUILDING? SO I'M JUST TRYING TO UNDERSTAND WHERE THE NUANCE IS HERE. 'CAUSE RIGHT NOW THERE WE'RE TALKING ABOUT A CANOPY BEING A CONNECTOR. SO WHAT WOULD NEED TO BE ADDED TO MAKE IT, YOU KNOW, TRULY, YOU KNOW, A CONNECTED BUILDING, I GUESS IS WHAT I'M TRYING TO GET TO. UM, I GUESS WE WOULD HAVE TO LOOK AT THE PLANS SPECIFICALLY TO THAT. UM, I DON'T THINK WE'RE PREPARED TO ANSWER A QUESTION WITHOUT ACTUALLY LOOKING AT PLANS. NOW IF YOU'RE, IF, IF IT'S A SINGLE BUILDING, UM, I, I BELIEVE THAT, YEAH, WE WOULD CONSIDER THAT A SINGLE STRUCTURE. BUT AGAIN, I, I DON'T THINK WE CAN GIVE A DEFINITIVE ANSWER UNTIL WE SEE ACTUAL PLANS. AND THE ONLY PLANS WE HAVE FOR THIS CASE IS THE AWNING. ALRIGHT, I, I HAD A QUESTION FOR STAFF AS WELL OF MR. CHAIR, THE RECOMMENDATIONS. WE, WE DO HAVE A WANNA ADD A LITTLE BIT MORE INFORMATION AND CRYSTAL GONZALEZ, OUR, UM, ASSISTANT DIRECTOR OVER PLAN REVIEW CAN HELP ANSWER SOME OF THAT, THOSE QUESTIONS. OKAY. UM, MR. PETERS, WOULD YOU MIND, UH, TAKING A SEAT? WE'RE GONNA ASK OF COURSE, UM, THE STAFF AVAILABLE FOR ANY QUESTIONS FOR THE BOARD, AND THEN WE'LL BRING YOU UP FOR A FINAL REBUTTAL AFTER WE, UM, GET SOME OF THE QUESTIONS UH, ANSWERED. UH, PLEASE. UM, DID YOU WANNA COME FORWARD AND, OR, UM, NO, IT WAS JUST ONE, ONE COMMENT. MR. PETERS, UH, DID MENTION IT BRIEFLY, BUT I WANTED TO CONFIRM THAT ONE OPTION THAT WE OFFERED TO THE APPLICANT WAS TO EXTEND THAT AWNING OR CARDBOARD STRUCTURE, UM, CANOPY STRUCTURE FROM THE FRONT OF THE BUILDING ALL THE WAY TO THE BACK TO HAVE THAT CONTINUOUS ROOF LINE. THIS AWNING IS ABOUT FIVE FEET WIDE OR FIVE FEET DEEP WHEN THE STRUCTURES ARE ABOUT 30, 31 FEET DEEP. AND THE MATERIAL, IT WOULD HAVE TO BE A SUPPORT SLAB MATERIAL TO CONNECT IT OR WHAT WOULD THE MATERIAL, BECAUSE YOU TALKED ABOUT COST AND I'M JUST WONDERING WHAT KIND OF CONNECTIVITY WOULD BE INVOLVED CONNECTIVITIES, WHETHER THEY'RE COLUMNS OR CONNECTED TO THE BUILDING. WE WOULD ASSUME AT THAT DISTANCE THERE WOULD BE COLUMNS INSTALLED THAT, UM, THAT WOULD PROVIDE THAT CONNECTION TO THE BUILDINGS. OKAY. SO THERE'S SOME OPTIONS HERE JUST, OKAY. UM, ANY OTHER QUESTIONS FOR STAFF OR THE APPLICANT? UH, I'M JUST A LITTLE OKAY. CONFUSED KAPLAN, UH, ONCE AGAIN, SO I KNOW THAT WE'RE ASKING FOR, AND THIS IS VARIANCE FOR THE INTERPRETATION VERSUS, UM, JUST GETTING A VARIANCE FOR THIS, AND THIS IS UNDER, I UNDERSTAND A NEW, UH, LAW, [00:50:01] THEY'VE JUST CHANGED IT. SO, UM, WHY, I GUESS FOR MR. PETERS, WHY WOULDN'T YOU JUST GO FOR THIS VARIANCE? BECAUSE OBVIOUSLY IF WE WERE TO SAY THE INTERPRETATION WAS WRONG, THAT WOULD MEAN IN FUTURE DEVELOPMENTS IT WOULD, IT WOULD ALMOST NEGATE THIS RULE, AND I'M SURE THE RULE, MAYBE THE, MAYBE THE CITY WANTS TO TELL US WHY THIS RULE HAS PASSED. THAT'S, THAT'S WHAT I'M, THAT'S WHAT I'M CONFUSED ABOUT AS TO IS IT BETTER TO JUST GIVE A VARIANCE FOR THESE PLANS, UM, WHEN THERE WAS A CLEAR MISTAKE BY THE CITY OR, UM, IS THERE A REAL REASON WHY THIS RULE SHOULD STAND? MR. CHAIR? I CAN ANSWER THAT. MELISSA RAM'S ASSISTANT DIRECTOR. SO, UH, THIS WAS A UNIFIED DEVELOPMENT CODE AMENDMENT THAT WAS DISCUSSED WHEN WE WERE DOING OUR INFILL DEVELOPMENT, IDZ AND RM ZONING, UH, TASK FORCE MEETINGS. THIS WAS A COMPONENT THAT DID NOT GET A CONSENSUS, BUT DURING, UM, BETWEEN THAT TIME AND THE 2020 OR THE 20 22, 20 23 UDC AMENDMENTS, THERE WAS DISCUSSION TO ADD THIS AMENDMENT TO THE LIST. UM, THIS WAS SOMETHING THAT WAS SUPPORTED AND PUSHED BY THE NEIGHBORHOODS. THEY WANTED TO SEE ONE STRUCTURE FOR THESE RM FOUR, UM, DEVELOPMENTS THAT WERE COMING THROUGH. SO AT A CERTAIN SIZE OF ACREAGE FOR THAT LOT. SO THAT'S WHY THESE ARE COMING TO YOU. UM, OUR STAFF, OUR RECOMMENDATION IS FOR DENIAL BECAUSE WE ARE UPHOLDING THE REGULATIONS THAT WERE APPROVED BY COUNCIL. MS. KAPLAN, DOES THAT HELP? YES, IT DOES. OKAY. ANY OTHER QUESTIONS FOR THE STAFF OR APPLICANT? UH, MR. PETERS, I'D LIKE YOU IF YOU WOULD LIKE TO MAKE SOME FINAL CLOSING REMARKS. UM, WE DO HAVE, SORRY, WE DO HAVE ONE PUBLIC SPEAKER. WELL, OKAY, LET ME, LET ME JUST RESPOND, UM, TO CITY STAFF. I MEAN, I READ WELL AND THE ORDINANCE IS AMBIGUOUS AND IT'S HARD. I MEAN, WHAT ARE YOU TALKING ABOUT? IN ONE BREATH, WE'RE SAYING WE'RE NOT GONNA PROVE A FIVE FOOT WIDE WALKWAY WITH, UH, TWO EXTERIOR WALLS WITHOUT BEING CLOSED. AND ANOTHER BREATH, THEY'LL ACCEPT A 30 FOOT WIDE. WHAT'S THE DIFFERENCE? SAME CONSTRUCTION OPEN AT THE BACK, OPEN AT THE FRONT. I THINK THERE'S SOME CONFUSION ON THE CITY STAFF SIDE. UM, THERE'S NOT AGREEMENT CERTAINLY, AND THAT'S WHY WE WERE GIVING, IN MY MIND, BOGUS ADVICE AND WITH THAT ADVICE, THEY ADMIT A MISTAKE. BUT, UH, YOU KNOW, WE'RE UNDER CONSTRUCTION. YES, SIR. UM, IT'S, IT'S, WE'RE IN A TOUGH SITUATION, BIG MISDEMEANOR. SO LET'S, UM, HEAR THE MRS. UH, DENISE. VE WE'LL, WE'LL HAVE YOU UP FOR A FINAL REBUTTAL AFTER THE APPLICANT. GOOD AFTERNOON. MY NAME IS DENISE MCVEY. I'M A TRAINED INVESTIGATIVE JOURNALIST WHO HAS BEEN DOCUMENTING THE ORGANIZED WHITE COLLAR CR UH, CRIME AND CORRUPTION IN SAN ANTONIO THAT HAS ALLOWED THE SUMMARY EVICTION OF HUNDREDS OF POOR HOMEOWNERS, THE DEMOLITION OF MORE THAN A THOUSAND HOMES ON THE EAST SIDE AND WEST SIDE. THE ILLEGAL TRANSFER OF PROPERTY FROM VULNERABLE HOMEOWNERS TO SHADY INVESTORS USING FRAUDULENT TITLE INSTRUMENTS AND FILINGS. AND THAT HAS PERMITTED WHITE COLLAR CRIMINAL ACTORS TO VIOLATE, UH, GOVERNMENT CODE AND ZONING REGULATIONS AT WILL. THE ILLEGAL SCHEMES TO ROB POOR PEOPLE OF THEIR PROPERTY RIGHTS TO BENEFIT INVESTORS HAS BEEN MET WITH NO RESISTANCE FROM LOCAL AUTHORITIES, BUT THEY HAVE GOTTEN CONSIDERABLE HELP FROM COMPLICIT CITY EMPLOYEES. FOUR 12 SOUTH HACKBERRY. THE SUBJECT OF THIS APPEAL IS AN EXCELLENT EXAMPLE OF THIS NEW CONSTRUCTION IS WELL UNDERWAY DESPITE NUMEROUS CODE AND ZONING VIOLATIONS, LACK OF PUBLIC NOTICE AND INADEQUATE DOCUMENTATION, AND MANY, MANY PROCEDURAL OVERSIGHT FAILURES ON THE PART OF DSD, SOME OF WHICH YOU'VE ALREADY HEARD ABOUT TODAY. MY HOMESTEAD AT 1 0 0 6 WYOMING STREET IS THE ONLY NEXT DOOR NEIGHBOR TO THE ILLEGAL BUILD AT FOUR 12 SOUTH HACKBERRY. FOR THE PAST FIVE YEARS, MY HOUSE HAS BEEN UNDER SUSTAINED ATTACK LIKE MANY OTHERS, FROM CONTRACTORS AND COZY RELATIONSHIPS WITH INVESTORS LIKE STARLING AND CERTAIN CITY INSPECTORS. FOR INSTANCE, IN 2020 I PAID JAIL HUNT FOUNDATION SERVICES $25,000 TO FIX MY FOUNDATION, AND HE LET MALICIOUSLY LEFT MY HOUSE WITH SEVERE STRUCTURAL DAMAGE. DSD INSPECTOR ELOY, RESENDEZ ROMERO CARILLO, JEREMY MCDONALD, AMIN TOMAZ, AND MICHAEL SHANNON NOT ONLY APPROVED THE DESTRUCTIVE WORK AND TO MY 120 4-YEAR-OLD HOME, BUT FACILITATED IT. G HUNT IS NOW A REGULAR PRESENTER FOR THE CITY'S HOUSING HISTORICAL PRESERVATION DEPARTMENT. THIS IS IMPORTANT BECAUSE ON DECEMBER 18TH, 2023, AFTER STARLING HOMES BEGAN THE ILLEGAL CONSTRUCTION NEXT DOOR, ANTHONY STARLING QUICKLY FILED A CODE VIOLATION, UH, COMPLAINT WITH DSD AGAINST 1 0 0 6 WYOMING ALMOST IMMEDIATELY. DSD CODE OFFICER DARIUS MOORE, BADGE 9 6 3 1 [00:55:01] QUICKLY ISSUED THREE NOTICES OF CODE VIOLATIONS WITHOUT EVER STEPPING FOOT ON THE PROPERTY. MOORE CITED CONDITIONS THAT WERE NOT READILY APPARENT TO ME, BUT WOULD EXIST AS A RESULT OF FOUNDATION FAILURE. ONE STARTS TO SEE HOW SAN ANTONIO, ACCORDING TO UT LAW SCHOOL REPORT, DEMOLISHED MORE THAN 600 OCCUPIED HOMES IN THE SAME TIME SPAN THAT DALLAS FORT WORTH, HOUSTON AND AUSTIN ALTOGETHER DEMOLISHED ONLY 16 MOORE'S RAPID RESPONSE TO ANTHONY STARLING'S COMPLAINT AGAINST 1 0 0 6 WYOMING. IT'S TELLING, ESPECIALLY SINCE FOUR 12 SOUTH HACKBERRY VIOLATES SEVERAL CODE AND ZONING STANDARDS, IT EXCEEDS NEARLY EVERY DIMENSION LIMIT FOR RM FOUR, HEIGHT, WIDTH, SETBACK, HEIGHT PURSUANT TO SETBACK, STREET FRONTAGE, SPACE LIMITATIONS AND DENSITY. THE SITE IS INCONGRUENT AND DISCORDANT. IT IS A MONSTROSITY. IT DETRACTS FROM THE CHARM AND CHARACTER OF OUR HISTORICALLY SIGNIFICANT NEIGHBORHOOD, AND IT COMPLETELY BLOCKS OUR STANDARD OR, OR LEGACY HOMES FROM BEING EVEN CONNECTED TO OUR DOWNTOWN SKYLIGHT. THE SITE, UM, ALSO AMERICAN BUILDING STANDARDS, SAY A WALKWAY BETWEEN TWO BUILDINGS MAKES A SINGLE BUILDING ONLY IN EXTREMELY LIMITED CIRCUMSTANCES THAT THE ILLEGAL BUILD AT FOUR 12 SOUTH BERRY DOES NOT HAVE. PLEASE DENY THIS APPEAL. THANK YOU. THANK MS. MCVAY. LET'S SEE IF WE HAVE ANY QUESTIONS. ANY QUESTIONS FOR, NO, ANY QUESTIONS FOR, UM, MS. MCVAY HERE? MCVAY MCVAY? OKAY, THANK YOU. YEAH, I'M REALLY, THOSE ARE ALL THE PUBLIC COMMENTS. NO QUESTION. I'M REALLY, NO, I'M NOT A, I'M, I JUST WANT TO SAY I'M, I'M TROUBLED BY THE COMPLICATIONS OF THIS CASE. UM, THE FACT THAT THE APPLICANT GOT A BUILDING PERMIT IN GOOD FAITH, EVEN IF IT WAS IN ERROR, UH, WEIGHS ON ME. UM, I ALSO TEND TO THINK THAT THE STAFF INTERPRETATION OF THE TEXT OF THE ORDINANCE IS CORRECT. UM, SO WE'RE IN A POSITION, IT SEEMS TO ME, UH, IF WE UPHOLD THIS APPLICATION, GRANT THE APPLICATION, WE ARE DEFACTO GRANTING A VERY SPECIAL EXCEPTION TO ALLOW TWO BUILDINGS ON, UH, ON A LOT LESS THAN A THIRD OF AN ACRE. UM, WHICH IS DIFFICULT TO DENY AFTER THE BUILDINGS ARE HALF BUILT. UM, SO I'M HAVING TROUBLE WITH THIS. UM, MR. I'M INCLINED TO, TO, UH, DENY THE APPLICATION ON THE GROUNDS THAT THE STAFF INTERPRETATION WAS CORRECT, BUT THE ONLY EFFECT OF THAT WILL BE TO FORCE THE APPLICANT TO COME BACK AND SEEK, UH, A RETROACTIVE, UH, OR STAFF OR STAFF. STAFF MAY ALSO HAVE SOME INTERPRETATION AS TO WHAT THE APPLICANT TO DO TO CORRECT IT AS WELL. SO. WELL, LET'S HEAR FROM, UM, I GUESS A REBUTTAL FROM THE APPLICANT AS TO, YOU HEARD THE PUBLIC COMMENT, YOU HEARD STAFF'S PRESENTATION. WOULD YOU LIKE TO HAVE ANY FINAL COMMENTS BEFORE WE KIND OF CLOSE THE PUBLIC PORTION OF THE MEETING? SURE. I JUST, UH, MET VIC, MISS, UM, THE, THE NEIGHBOR IN THE HALLWAY, SO I HADN'T HEARD ANY OF HER CONCERNS. A LOT OF, UM, WHAT SHE SPOKE OF SPOKE DIRECTLY TO HER HOUSE, SO I I CAN'T EVEN ANSWER, UH, THOSE. BUT, UH, I DID, UH, GET HER EMAIL AND, UH, I, I'LL REACH OUT TO HER TONIGHT AND I TOLD HER I WOULD DO THAT AND, UH, SHE COULD, UH, I GUESS SEND ME THAT, UM, COMPLAINT AND I CAN LOOK AT IT. THERE'S A LOT OF MOVING PARTS THERE. UM, AGAIN, I, I GUESS, AND I, I'M NOT REBUTTING ANYBODY, I, I NEED TO FIGURE OUT WHAT MY NEXT MOVE IS. I GOT THE DEFINITION THAT THE CITY HAS. MAYBE IT'S RIGHT, MAYBE IT'S NOT OF SINGLE STRUCTURE. WHAT IS THAT? UM, AND MAYBE WE'RE WRONG, BUT WE MOVE FORWARD ON STAFF'S RECOMMENDATION AND WE DO HAVE A LEGAL PERMIT. CAN IT BE REVOKED? PROBABLY. I DON'T KNOW. I'VE NEVER EXPERIENCED IT. UM, I'VE BEEN LICENSED HERE IN SAN ANTONIO AND TEXAS SINCE 95. I'VE NEVER, FORTUNATELY I'VE NEVER EXPERIENCED IT NOW, UM, POSSIBLY DOES IT MAKE MORE SENSE TO RESPECTFULLY REQUEST A CONTINUOUS, A CONTINUANCE SINCE WE HAVE NOT HAD THE OPPORTUNITY TO MEET WITH DENVER HEIGHTS? UM, AND WE COULD CONTINUE CONVERSATIONS, OBVIOUSLY WHILE CONSTRUCTION, UH, MOVES FORWARD ON THE, THE PORTIONS THAT AREN'T IN QUESTION, UH, THE TWO, UH, THREE STORY, UM, SECTIONS OF THIS BUILD. BUT, UM, I DON'T KNOW, MAYBE IT MAKES SURE MORE SENSE THE MOST OF THE BOARD TO SEE, UM, WHETHER THERE IS A, UH, I, I DON'T KNOW IF THE INPUT FROM THE WELL, WELL, LET'S [01:00:01] KIND OF HEAR FROM THE BOARD OR WHAT MS. KAPLAN WOULD YOU LIKE TO WELL, UM, OH, DO YOU HAVE ANY COMMENTS BEFORE WE, I, I THINK THAT I, I AGREE WITH COMMISSIONER BARR AND WE CAN'T HEAR YOU. OH, I'M SO SORRY. I AGREE WITH COMMISSIONER BARR IN, IN THAT I THINK BEFORE WE SAY THE LAW IS WRONG, UM, AND, AND CHALLENGE THE, THE LAW, I THINK I'D RATHER SEE IT AS A VARIANCE BECAUSE THIS IS A NEW, UM, LAW. AND BASICALLY IF WE OVERTURN THIS, IF WE GIVE YOU A, UH, UH, IF WE APPROVE OR WE GRANT, IF WE APPROVE IT FOR THE APPLICANT, THEN BASICALLY WE'RE SAYING THE LAW IS WRONG. AND THE COMMUNITY, THE COMMUNITY ORGANIZATIONS WANTED THIS, BUT IT'S EASIER TO DO IT AS A VARIANCE, WHICH IS AN EXCEPTION TO THE LAW, RATHER THAN TO SAY THE LAW IS WRONG. BUT YOU SUGGESTING TO ME. SO THAT'D BE THE NEXT STEP. SO WE TAKE A VOTE AND THEN IT GOES, IF THE VOTE SO WOULD BE GRANTED, I THINK YOU'D BE MORE SUCCESSFUL AS GOING FOR THE VARIANCE FROM THIS LAW. OKAY. SO WHAT HAPPENS IS WE'RE GONNA TAKE A VOTE. IF THE VOTE FOR THE APPEAL, UH, WOULD BE GRANTING YOU THE APPLICANT TO GO FORWARD. IF WE DENY, THEN THE CITY BASICALLY WINS THE APPEAL AND IT COMES BACK BEFORE THE BOARD AS A VARIANCE REQUEST FOR THIS SPECIFIC CASE. AND NOT TO REVISIT THE ORDINANCE AS A WHOLE IS THAT, THAT'S MY UNDERSTANDING. THAT'S CORRECT. AND I, OKAY. AND I'LL LET THE VOTE DECIDE THE BOARD DECIDE HOW THEY WANNA VOTE ON THAT. BUT, UM, WITH THAT SAID, THAT CLOSE PUBLIC PORTION, MR. MANNA, SO THE QUESTION I WOULD, YOU KNOW, MAYBE, UM, IF WE DO COME BACK FOR THE VARIANCE, IS UNDERSTANDING OF WHAT THE COST DIFFERENCE IS FOR THE FIVE FOOT STRUCTURE IN DEPTH VERSUS THE 31 FOOT AND FULLY UNDERSTANDING WHAT THE, WHAT THE DIFFERENCE OF THAT COST IS. YOU'D LIKE, MY GUESS. SURE. OKAY. LET'S SAY THE FIVE FOOT WIDE STRUCTURE'S 5,000. SO, YOU KNOW, IT'S PROBABLY 50,000, 5,000. NO, I'M SORRY, VERSUS 25,000. IT'S SUBSTANTIAL. AND THAT WOULD BE ONLY IF THE VARIANCE WOULD BE TO, TO BE DENIED, THEN HE WOULD HAVE TO COMPLY WITH THE ORDINANCE, WHICH WOULD REQUIRE THAT WE'RE GONNA COME BACK FOR A VARIANCE. AND THE QUESTION MAY BE THE VARIANCE MAY BE A SUBSET OF THAT. AND SO IT MAY BE, IT MAY NOT BE FIVE FOOT, I GUESS IS WHERE I WAS GOING. RIGHT. AND SO JUST TRYING TO UNDERSTAND, YOU KNOW, WHERE WE GO, YOU KNOW, LONGER TERM, SO. GOTCHA. BUT ANYWAYS, SO THAT JUST WANTED TO, YOU KNOW, JUST KINDA HAVE THAT UNDERSTANDING. YEAH, FIVE VERSUS 25. SO 25 ON $800,000 HOME. OKAY. SO, SO THANK YOU MR. PETER. SO THAT WOULD CLOSE THE PUBLIC PORTION. AT THIS MOMENT I'D ASK FOR A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION. I'LL MAKE A MOTION. UM, KAPLAN, IS THAT OKAY MS. KAPLAN? ABSOLUTELY. OKAY. REGARDING CASE NUMBER A DASH 24 DASH 1 0 3 0 0 0 0 25, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE APPEAL FOR THE PROPERTY SITUATED AT FOUR 12 SOUTH HACKBERRY STREET, APPLICANT BEING ALVIN PETERS BECAUSE THE INFORMATION PROVIDED BY THE APPLICANT SHOWS THAT THE CITY STAFF MADE AN ERROR IN THE ADMINISTRATOR'S DECISION ON THE INTERPRETATION OF SECTION 35 DASH THREE, 10.06 A ONE END OF MOTION. SECOND. SECOND. WHAT WAS IT? SECOND FROM, OH, MS. BRAGMAN. OKAY. UM, MS. KAPLAN, WOULD YOU, I'D LIKE TO, FOR THE REASONS I SAID BEFORE, I'D RATHER SEE THIS COME AS A VARIANCE BECAUSE THIS, UM, THIS LAW WAS PASSED THROUGH, UM, THE DENVER HEIGHTS ASSOCIATION WANTING IT. AND, UM, I THINK THAT IF WE CHANGE THE LAW, THAT MEANS EVERYBODY GETS IT. I'D RATHER SEE THIS AS AN EXCEPTION, PRIMARILY BECAUSE THE CITY MADE A MISTAKE ON YOUR PERMIT. THANK YOU, MS. BRAGMAN. UM, I AGREE WITH MY COLLEAGUE. I'LL BE OPPOSED TO THE MOTION AS WELL. OKAY, LET'S TAKE A ROLL CALL. VOTE. COMMISSIONER KAPLAN, I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER RAGMAN. I DO NOT CONCUR. COMMISSIONER BURTON? I DO NOT CONCUR. COMMISSIONER BONIS? I DO NOT CONCUR. COMMISSIONER DEAN? COMMISSIONER DEAN. I DO NOT CONCUR. COMMISSIONER CRUZ? I DO NOT CONCUR. COMMISSIONER MANA? I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ? I DO NOT CONCUR. COMMISSIONER EZ? I DO NOT CONCUR. CHAIR UNA. I DO NOT CONCUR. SO WITH 11 IN OPPOSITION, ZERO IN FAVOR OF 10. 10, NOT 10. I'M SORRY. UM, THE, THE, THE MOTION DOES NOT PASS. PLEASE GET WITH STAFF. I THINK THERE'S SOME PATHWAY HERE, SO WE'LL, WE'LL GET THIS FIGURED OUT. THANK YOU MR. PETERS. OKAY. ALRIGHT. UH, CAN SOMEBODY GET OUR CHAIR BACK? ALL RIGHT. I BELIEVE WE'RE [01:05:01] ON ITEM THREE. OKAY? THAT'S CORRECT. OKAY. UM, GOOD AFTERNOON. MY NAME IS JUAN ALVAREZ, SHORT-TERM RENTAL PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER THREE, REQUESTED BY JUAN FRANCO IS LOCATED AT 24 11 PIN ROAD UNITS 2 0 5 AND 2 0 6 IS REQUESTING A SPECIAL EXCEPTION TO ALLOW TWO ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMITS ON THE BLOCK PHASE. THERE IS CURRENTLY ONE ACTIVE TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK, HAVING BEEN APPROVED ON OCTOBER 25TH, 2023. SHORT-TERM RENTALS. TYPE TWO WITHIN MULTIFAMILY EIGHT UNITS OR MORE SHALL BE LIMITED TO 12.5% OF THE TOTAL NUMBER OF UNITS ON THE SAME LAND LOT OR PARCEL. THE APPLICANT WAS PREVIOUSLY APPROVED FOR ADDITIONAL DENSITY FOR BOTH UNITS BY THE BOARD OF ADJUSTMENT IN 2020, AND IS SEEKING TO RENEW THE EXCEPTION, WHICH EXPIRES AFTER THREE YEARS. IN REFERENCE TO SECTION 35 DASH 3 9 9 0 3, THERE ARE EIGHT UNITS IN THIS MULTIFAMILY BUILDING. THERE IS CURRENTLY AN ACTIVE PERMIT AND UNIT 2 0 2. THE UNIT SEEKING THE EXCEPTION ARE REP REPRESENTED BY THE TWO DOTS DISPLAYED ON UNIT 2 0 5 AND 2 0 6. IF, IF THE SPECIAL EXCEPTION WERE TO BE APPROVED, THE TOTAL DENSITY WOULD BE AT 38%. 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. STAFF RECOMMENDS DENIAL OF THE APPLICANT'S REQUEST FOR A SPECIAL EXCEPTION TO ALLOW TWO ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMITS. ON THE BLOCK FACE, THERE WERE 24 NOTICES SENT OUT. ZERO IN FAVOR. ZERO OPPOSED. THE SUBJECT PROPERTY IS NOT LOCATED WITHIN THE BOUNDARY OF A REGISTERED NEIGHBORHOOD ASSOCIATION. AND THIS CONCLUDES STAFF PRESENTATION. APPLICANT IS HERE TO ANSWER ANY QUESTIONS AND THEY WILL NEED A TRANSLATOR. ALL RIGHT, LET'S HAVE THE APPLICANT COME FORWARD. ANNA. COMMISSIONER MANNA. SO QUESTION CITY STAFF. SO I WAS LOOKING AT THE, THE FIFTH BULLET POINT. SO THE APPLICANT WAS APPROVED FOR THE ADDITIONAL DENSITY. SO IS, SO WE HAD TWO, THIS IS THE THIRD RIGHT? OR THEY, THEY SUBMITTED ONE BOA CASE, BUT IT WAS FOR TWO UNITS SINCE THEY ARE IN THE SAME PARCEL. SO THEY GOT ONE APPROVED, BUT THE OTHER ONE WASN'T APPROVED. IS, IS OH ONE APPROVED BY RIGHT. AND TWO WERE GIVEN BY THE, BY THE BOARD OF ADJUSTMENT. OKAY. HE'S JUST COMING. IT SOUNDS LIKE AFTER THREE YEARS HE'S A, HE'S RE-ASKING FOR THE SAME THING WE ALREADY GAVE HIM. YES, THAT'S CORRECT. AND SO WHEN THE BO OA APPROVES, UH, ANYTHING OVER THE 12.5%, THEY ALWAYS, THE APPLICANT ALWAYS HAS TO COME BACK EVERY THREE YEARS? YES. THERE IS NO EXCEPTION TO THAT. MM-HMM? YES. ALRIGHT. THANK YOU. THE, THE APPLICANT'S GONNA COME? YEAH. HAVE THE APPLICANT COME ON UP AND, OKAY. OKAY. MARIA RODRIGUEZ. HELLO, MY NAME IS MARIA RODRIGUEZ. I HAVE EIGHT APARTMENTS. UH, I HAVE, I HAVE THREE THAT ARE SHORT TERM RENTALS. I HAVE PERMITS, UH, FOR ONE OF THEM AND I, I'M SEEKING A RENEWAL FOR THE OTHER TWO VERY CLOSE TO THE DAYS. AND I, I LIKE THAT BECAUSE I HELP THE COMMUNITY AND ALSO THEY HELP ME TO TAKE CARE OF THEM. ALRIGHT. UH, I'M GONNA ASK A QUICK COUPLE QUESTIONS. DID, UH, IN THE LAST THREE YEARS, HAVE YOU HAD ANY, UH, CO COMPLIANCE CITATIONS? NO, I HAVEN'T HAD ANY PROBLEM. OKAY. UH, STAFF, HAS THERE BEEN ANY DOCUMENTED COMPLAINTS OR ANYTHING WE NEED TO KNOW ABOUT COMMISSIONER? WE DON'T HAVE ANY CODE RELATED ENFORCEMENT CASES OR PERMANENT HISTORY FOR THIS PROJECT. PROPERTY. THERE'S BEEN NO VIOLATIONS OR INVESTIGATIONS FOR THE PROPERTY IN THE LAST THREE YEARS. UH, STAFF HAS, THE HOT TAX HAS BEEN PAID. UH, WE HAVE STAFF HAS NO INDICATION OR EVIDENCE SHOWING THAT THEY'RE OTHERWISE, THAT THEY'RE NOT CURRENT. AND COMMISSIONER MADAMS A QUESTION FOR CITY STAFF. SO, SO THERE'S A RECOMMENDATION FOR DENIAL [01:10:01] FROM CITY STAFF. SO IS IT SIMPLY BECAUSE THE NUMBERS OR, YOU KNOW, BEING THAT THIS IS A RENEWAL OF AN EXISTING PREVIOUSLY APPROVED POSITION, IS, IS CITY'S POSITION ALWAYS TO DENY WHEN IT IS THAT IT'S GOING TO INCREASE THE PERCENTAGE, UH, EVEN IF IT HAD BEEN PREVIOUSLY APPROVED? UH, YES, THAT'S CORRECT. SINCE IT'S EXCEEDING THE DENSITY, WE, OUR REC STAFF RECOMMENDATION IS DENIAL PER THE CODE. ALL RIGHT. OKAY. UH, AND, AND THREE YEARS AGO, THIS ONE OF THE TWO WASN'T APPROVED IN ANY WAY DUE TO ROUNDING. THERE WAS NO ROUNDING THAT CAME INTO PLAY THREE YEARS. IT WAS WELL OVER. THAT IS ACTUALLY CORRECT. THE ROUNDING WAS TAKEN INTO CONSIDERATION. AND SINCE THE LAST UDC AMENDMENTS, THAT ROUNDING HAS BEEN ELIMINATED. OKAY. AND SO IT STANDS ANYTHING OVER 12.5%, UM, IS NOT APPROVED. WAS WAS, UH, THREE YEARS AGO, ONE OF THESE TWO BEEN AUTOMATICALLY APPROVED DUE TO ROUNDING OR, OR NOT? UH, NO. SO FOR UNIT 2 0 2 THAT WAS APPROVED BY RIGHT UNIT 2 0 5 AND UNIT 2 0 6 WERE APPROVED BY THE BOARD OF ADJUSTMENT THREE AGOS FOR TWO SPECIAL EXCEPTIONS OKAY. TO THE RULE. ALL RIGHT, THANK YOU. I HAVE A QUESTION. SO, COMMISSIONER, THE ORIGINAL 2 0 5 THAT WE'LL NEVER SEE THAT AS A RENEWAL, RIGHT? 'CAUSE THAT WAS THE ORIGINAL, UM, UP TO OH TWO. UH, UH, SO MR. CHAIR, SO THE FIRST UNIT 2 0 2 WAS THE, WAS APP WAS APPLIED IN 2020 AND THAT WAS APPROVED BY WRIGHT 'CAUSE IT DID, IT EXCEED DENSITY. AND THEN AS FOR UNIT 2 0 5 AND 2 0 6, THAT THEY HAD TO GO TO THE SPORT OF ADJUSTMENTS FOR SPECIAL EXCEPTION FOR TWO ADDITIONAL SHORT-TERM. AND THOSE ARE THE ONES WE'LL CONTINUOUSLY RENEW, SEE RENEWALS? CORRECT. BUT THE ORIGINAL ONE THAT'S KIND OF GRANDFATHERED IN. CORRECT? CORRECT. AS LONG AS THEY CONTINUE TO USE THAT AND RENEW IT EVERY THREE YEARS, THEY WILL STILL HAVE THAT, UNLESS THEY DECIDE TO NO LONGER UTILIZE UNIT 2 0 2, THEN THE FUTURE, POTENTIALLY 2 0 5 OR 2 0 6 COULD HAVE ITS RETURN PERMIT WITH ALCO AND THE BOARD OF ADJUSTMENT. WHILE WE'RE ON THE SUBJECT, UM, IF, IF UNIT 2 0 2 HAPPENED TO CEASE BEING, WOULD 2 0 5 OR 2 0 6 AUTOMATICALLY, UH, GET DIBS ON THAT, THAT UH, ONE OR WOULD COULD SOMEONE ELSE COME AND APPLY FOR THAT SLOT? SO THIS PROPERTY IS OWNED ENTIRELY BY ONE ONE ALVAREZ, THE PROPERTY OWNER. SO HE OWNS ALL EIGHT UNITS ON THE PROPERTY. OKAY. BUT IT, BUT IT, YEAH. I'M JUST CURIOUS WHILE WE'RE ON THE SUBJECT, IF WHEN YOU HAVE TWO, WHEN YOU HAVE ONE THAT'S ALLOWED BY RIDE AND TWO ARE GRANTED BY THE BO OA, IF THE ONE THAT BY RIGHT, EVER GOES AWAY, DOES IT AUTOMATICALLY, DO THEY HAVE FIRST RIGHT OF REFUSAL FOR THE TWO THAT WERE APPROVED? OR CAN SOMEONE ELSE SNEAK IN AND GRAB THE ONE BY? RIGHT. UM, FOR THIS PROPERTY, IT'S NOT FOR THIS. FOR ANY PROPERTY, FOR ANY PRO. WELL, FOR THIS PROPERTY, YES. THAT'S CORRECT. OKAY. I JUST, I'M JUST WONDERING, I JUST WANNA MAKE SURE I KNOW HOW THIS WORKS, UH, JUST IN CASE SOMETHING YEAH. 'CAUSE IF YOU SELL 2 0 2, YOU AUTOMATICALLY LOSE YOUR PERMIT. AND I JUST, I WAS JUST CURIOUS, WOULD THAT MEAN THAT EITHER 2 0 5 OR 2 0 6 WOULD BE THE ONE BY RIGHT. IN THAT INSTANCE? OR WOULD COULD SOMEONE ELSE WHO WOULD SAY BOUGHT 2 0 1 APPLY AND THEN GET IT BY RIGHT AS PRIMARY. AS THE PRIMARY. OKAY. UM, MR. CHAIR, WE HAVE TO CONSIDER, CONSIDER THAT ONCE IT COMES IN FOR THAT APPLICATION. OKAY. I MEAN, IT'S IT, AND THE REASON WHY I'M ASKING ALL THIS, 'CAUSE WHEN YOU HAVE SOMEONE THAT OWNS ALL OF THEM, IF THEY WERE TO SELL ONE AND THEY HAPPEN TO SELL ONE OF THE THREE THAT HAVE A PERMIT, YOU AUTOMATICALLY LOSE THE PERMIT. AND SO YOU, YOU KNOW, I'M JUST TRYING TO FIGURE OUT LIKE HOW THAT WOULD BE APPLIED FOR WHEN, AS WE HEAR THESE CASES, I USE THIS AS AN OPPORTUNITY TO MAYBE BRING UP POINTS. THIS BOARD COULD LEARN FROM JUST WHATEVER. I, I THINK MR. CHAIR, THIS, THAT MAY BE A SCENARIO THAT MAY APPLY HERE, BUT THAT'S A HARD STATEMENT TO MAKE IN GENERAL JUST BECAUSE EVERY SCENARIO IS DIFFERENT. JUST WONDERING. ALL RIGHT. ANY OTHER QUESTIONS? UH, BONNI FOR THE COMMISSIONER. BEEZ, UH, JUST TO CLARIFY, SHE DID SAY THAT IT'S NEAR A MILITARY BASE AND THAT A LOT OF THE PEOPLE THAT STAY THERE ARE MILITARY. SAY THAT AGAIN. THE, THAT IS NEAR A MILITARY BASE. AND THE PEOPLE THAT USE THESE ARE MILITARY OR ASSOCIATED WITH THE MILITARY? YES. TO THE BASE TO LIKE VISIT CHILDREN OR VISIT OTHER RELATIVES. SIR, CAN YOU SPEAK INTO THE MICROPHONE? YES. SORRY. THANK YOU. I'M SORRY. YES. SO PEOPLE THAT COME AND STAY AT THE UNIT, THEY HAVE CHILDREN THAT WORK AT THE BASE OR THEY'RE RELATIVES, SO YES, LIKE SPOUSES OF THE MILITARY. PERSONALLY, I THINK WE MISSED THAT THE FIRST TIME. OKAY, GOTCHA. SO YOU NEAR THE BASE. OKAY. ANY OTHER QUESTIONS? AND MR. CHAIR, THIS IS LOCATED NEAR LACKLAND AIR FORCE BASE, LACKLAND, UH, IS THERE ANY PUBLIC COMMENTARY, SUN TO SPEAK? WE HAVE UH, ONE, UH, ONE VOICEMAIL. ACTUALLY, IT'S MRS. ANGELA RODRIGUEZ. THAT'S YOU. ALL RIGHT. DISREGARD. IT WAS A VOICEMAIL FROM HER, SO NO PUBLIC COMMENT. WELL, IF [01:15:01] THERE'S NO MORE QUESTIONS, UM, I'M OPEN FOR A MOTION. COMMISSIONER KAPLAN 11 REGARD REGARDING CASE NUMBER BO OA DASH 24 DASH 1 0 3 0 0 11, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A SPECIAL EXCEPTION TO ALLOW FOR TWO TYPE TWO SHORTTERM RENTAL UNITS SITUATED AT 2 4 11 PIN ROAD UNIT 2 0 5 AND 2 0 6, APPLICANT BEING JUAN FRANCO. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT A, THE SPECIAL ACCEPT WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY. THE BOARD FINDS THAT THE REQUEST TO OPERATE TWO ADDITIONAL SHORT-TERM RENTALS IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY, OR WELFARE. THERE'S NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY. B, THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE. THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE A PUBLIC NUISANCE WOULD BE CREATED IF AN ADDITIONAL SHORT-TERM RENTAL PERMIT WAS APPROVED. C THE NEIGHBORING PROPERTY WOULD NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY AND COMMERCIAL STRUCTURES. THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WILL SUBSTANTIALLY INJURE NEIGHBORING PROPERTY TO SHORT TERM RENTAL. THE ADEQUATE FACILITIES, ACCESS, ROADS, STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FA FACULTIES FACILITIES, IT SHOULD BE 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 OR FOR, OR VIOLATIONS OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITHIN ONE YEAR PRIOR TO THE DATE OF THE A APPLICATION. THE APPLICANT DOES NOT HAVE ANY HISTORY OF REVOCATION, CITATIONS, OR CONVICTIONS FOR VIOLATIONS OF CHAPTER 16 F. THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE SUBJECT PROPERTY IS CLOSED PROXIMITY TO OTHER RESIDENTIAL AND COMMERCIAL PROPERTIES WITH THE PROPERTY OWNER PROVIDING OFF STREET PARKING AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY. THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION. END OF MOTION. SECOND. SECOND BY COMMISSIONER BRAGMAN. COMMISSIONER KAPLAN. YEAH, I, I NORMALLY WOULD BE AGAINST SHORT-TERM RENTALS, BUT IN THIS CASE, BECAUSE IT'S ALREADY BEEN APPROVED, THERE IS NO NEIGHBORHOOD ASSOCIATION AND NO, NO NEIGHBORS COMPLAINING ABOUT THIS. UM, I AND ALSO THAT THE FACT THAT YOU'RE SERVICING, UH, PEOPLE IN THE MILITARY WHO PROBABLY WILL, THERE PROBABLY IS A GREAT DEMAND FOR THIS KIND OF SERVICE. I WILL BE FOR THIS COMMISSIONER BRAGMAN. UM, I AGREE WITH MY COLLEAGUE, UH, FOR ALL THOSE POINTS AND I'LL BE IN SUPPORT OF THE MOTION. COMMISSIONER ZUNA, I'M IN SUPPORT TOO. I'D LIKE TO ALSO ADD THAT SHE'S CURRENT ON ALL HER, UH, TAXES AND THERE'S NEVER BEEN ANY ISSUE AT ALL, UH, WITH ANY, UH, ZONING OR CODE VIOLATIONS AND SUCH. SO COMMISSIONER MANON, I, I ALSO AGREE WITH MY COLLEAGUES, UM, YOU KNOW, LOOKING IN THE AREA, UM, IT, THERE'S ONLY THREE OTHERS THAT I COULD SEE, SO IT DOESN'T LOOK LIKE IT'S OVER DENSE WITH REGARDS TO CURRENT, UH, ST. AND, UM, AND SO FOR THAT, I'LL BE SUPPORTING DEAN, COMMISSIONER, DEAN, I'M GONNA BE IN OPPOSITION. I THINK THERE'S A MORE NEED, UH, A GREATER NEED FOR AFFORDABLE HOUSING AND, UH, THIS SHORT TERM RENTAL AIN'T GONNA DO IT FOR THIS AREA. IF YOU'RE FAMILIAR WITH PENN ROAD AND THAT AREA, I THINK AFFORDABLE HOUSING IS MORE IMPORTANT VERSUS A SHORT TERM RENTAL. AND SO NOW THAT WE HAVE THE AVAILABILITY TO KIND OF MAKE A DECISION TOWARDS THAT PATH, I'M GOING TO BE, UH, IN OPPOSITION. ALL RIGHT. ANYONE ELSE LIKE TO ADD HEARING NONE. UM, I'M GONNA ADD THAT, UH, I'LL BE IN SUPPORT ONLY BECAUSE, UH, THE BOARD PREVIOUSLY APPROVED IT. UH, AND THERE'S ALSO NO COMPLAINTS. AND I THINK THAT, UM, IF THE APPLICANT HAS PUT MONEY AND TIME AND EFFORT INTO THIS BEING THE USE, UM, IT DOESN'T BOTHER ME. SHE'LL BE BACK IN THREE MORE YEARS. SO, MS. EVER ROLL CALL VOTE PLEASE. COMMISSIONER KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BURTON? YES, I CONCUR. COMMISSIONER EZ? I CONCUR. COMMISSIONER DEAN, I DO NOT CONCUR. COMMISSIONER CRUZ CRUZ. YES, I CONCUR. COMMISSIONER MANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BEAVIS? I CONCUR. COMMISSIONER ZUNA? YES, I CONCUR. COMMISSIONER EZ. I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 10 TO ONE. UH, CONGRATULATIONS. [01:20:02] WE'LL PROBABLY SEE YOU BACK IN THREE YEARS. ITEM FOUR. THANK YOU SO MUCH, ADA. SO MR. TERRY, I JUST WANNA NOTE ON THIS ITEM I WANNA CLARIFY FOR THE RECORD RIGHT FROM THE BEGINNING. THIS IS ITEM NUMBER FOUR ENDING IN, UM, WELL, IT'S BOA 24 AND IT, UH, 20 24 1 0 3 0 0 0 1 7. AND THE POSTING LANGUAGE SAID THAT STAFF RECOMMENDED APPROVAL THAT SHOULD HAVE SAID STAFF RECOMMENDS DENIAL, WHICH IS CONSISTENT WITH ALL OF THE OTHER INFORMATION THAT'S IN THE PACKET. OKAY. YEAH, I WAS, WAS WONDERING WHY APPROVAL? SORRY. ALRIGHT, LET'S PROCEED. ALRIGHT, GOOD AFTERNOON. UH, MY NAME IS ALFONSO CAMACHO. I'M SENIOR PLANNER WITH THE DEVELOPMENT SERVICES. I'M HERE TO PRESENT A BO OA, UH, 24 1 0 3 0 0 0 1 7. UH, THE SUBJECT SIDE IS LOCATED AT 9 4 2 5 SOUTH PRESA STREET. UM, COUNCIL DISTRICT THREE. UH, THE REQUEST IS FOR, UH, 20 FOOT 25 FOOT HEIGHT VARIANCE FROM THE 50 FOOT SIGN HEIGHT MAXIMUM TO ALLOW A SIGN TO BE 75 FEET IN HEIGHT. AND ALSO, UH, 594 AND A HALF SQUARE FOOT VARIANCE FROM THE 375 SQUARE FOOT MAXIMUM TO ALLOW A SIGN TO BE 969 AND A HALF SQUARE FEET. THE THE ZONING FOR THE PROPERTY IS C TWO COMMERCIAL WITH THE CD, IT'S A CONDITION WHICH IS A CONDITIONAL USE FOR A TRUCK STOP OR LAUNDRY, UH, FULL SERVICE. THE SUBJECT PROPERTY IS LOCATED ALONG SOUTH PRESA STREET, NEAR THE INTERCHANGE OF HIGHWAY FOUR 10. THE APPLICANT IS REQUESTING A VARIANCE TO EXCEED THE SIZE, THE SIGN SIZE ALLOWANCE, AND TO ALLOW TO EXCEED THE HEIGHT LIMIT. CURRENTLY THE PROPERTY IS UNDEVELOPED IF, IF APPROVED. THE SIGN WILL BE 75 FEET IN HEIGHT AND A SIZE OF 969 AND A HALF SQUARE FEET. A PORTION OF THE PROPERTY IS LOCATED WITHIN THE SOUTH PRESA METROPOLITAN CORRIDOR. HOWEVER, THE LOCATION OF THE PROPOSED SIGN IS OUTSIDE OF THOSE BOUNDARIES. THIS SIDE, UH, THIS, THIS SLIDE IS, UM, A SITE PLAN OF THE PROPERTY, UH, WITH THE PROPOSED SIGN LOCATED ALONG THE SOUTHERN PORTION, UM, HIGHLIGHTED IN, UH, YELLOW. OKAY, NEXT SLIDE. UH, THIS SLIDE REPRESENTS, OH, RIGHT BACK. CAN YOU GO BACK ONE TIME PLEASE? THIS SIDE REPRESENTS THE, UM, LOCATION OF THE SOUTH PRESTA CORRIDOR OVERLAY. UM, AS YOU NOTICED, UH, THE LOCATION OF THE SIGN IS LOCATED SOUTH OF THAT, UM, CORRIDOR. THE PROPOSED SIGN, UH, THIS IS A RENDERING OF THE PROPOSED SIGN, AGAIN, 75 EEN HEIGHT. UM, THERE IS A CLEARANCE OF 42 FEET FROM GROUND GRADE TO THE, UM, BOTTOM OF THE PRICE SIGN. OKAY? YEP. UM, THIS IS, UH, UH, IMAGES OF THE, UH, SUBJECT, UH, AREA AND A SURROUNDING LOCATION SURROUNDING PROPERTIES. THEREFORE, STAFF RECOMMENDS, UH, DENIAL OF BO OA 24 1 0 3 0 0 0 1 7 BASED ON THE FOLLOWING FINDINGS OF FACT, UH, ONE THE SIGN SQUARE FOOTAGE OF SIZE AND HEIGHT WILL BE EXCEEDING THE UDC STANDARDS. AND TWO, THE CURRENT ALLOWABLE SQUARE FOOTAGE AND HEIGHT WILL NOT CAUSE A SECESSION OF COMMERCIAL USE OF THE PROPERTY. UH, FOR THIS CASE, UH, 19 NOTICES WERE MAILED, ZERO IN FAVOR, ZERO IN OPPOSITION. THE, THE VIA CORONADO NEIGHBORHOOD ASSOCIATION, UM, WITHIN THE 200 FEET IS NOT IN FAVOR OR OPPOSE, UH, NEUTRAL. AND THAT CONCLUDES STAFF PRESENTATION. THE APPLICANT IS AVAILABLE, UM, TO ANSWER ANY QUESTIONS. OKAY. LET'S HAVE THE APPLICANT COME FORWARD. UH, SO THEY CAN BRING, BRING UP SOME ADDITIONAL DISCUSSION ON THE SIGN BEFORE. AND, AND THEN AFTER THE APPLICANT'S DONE, I'D LIKE THE REPRESENTATIVE FROM THE SIGN DEPARTMENT TO COME UP AND ALSO, UH, TALK TO US A LITTLE BIT. SO PLEASE PROCEED, SIR. YES. HI. GOOD AFTERNOON COMMISSION. UH, MY NAME'S BRAD PECK. I REPRESENT LOVE'S TRAVEL STOPS. I AM A, UH, PROJECT MANAGER AND, UH, THE REASON FOR ASKING FOR OUR VARIANCE TODAY FOR THE SIGNAGE IS FOR TWO REASONS. ONE, OBVIOUSLY WE WANT, UH, OUR POTENTIAL CUSTOMERS, THE PROFESSIONAL TRUCK DRIVER PRIMARILY TO KNOW WHERE WE ARE. UH, BUT THE SECOND PART OF IT IS, IS A SAFETY. UM, WHEN SOMEONE'S TRAVELING DOWN THE INTERSTATE AND THEY SEE A SIGN OR A BUSINESS THAT THEY'RE, UH, WANT TO VISIT, UM, THE LONGER THAT THEY HAVE A VISUAL REFERENCE, UH, TO THAT SIGN, THEY CAN MAKE THE DECISION TO MAKE AN EXIT AND SAFELY PROCEED OFF TO VISIT, UH, THE BUSINESS. SO WE USE THE UNITED STATES SIGN COUNCIL, [01:25:01] UH, GUIDANCE ANYTIME THAT WE ARE PUTTING UP A SIGN. SIGNS ARE VERY EXPENSIVE. UH, EVERY FOOT YOU ADD TO IT IS, IS TENS OF THOUSANDS OF DOLLARS. AND SO THE PURPOSE OF THIS AND WHERE WE'VE ARRIVED HERE AT THE 75 FEET GIVES US WHAT WE BELIEVE BASED ON OUR STUDY OF THIS AREA, ABOUT AN EIGHT TO TEN SECOND READ. UM, IF YOU USE THE UNITED STATES SOUND SIGN COUNCIL'S GUIDANCE, UH, TYPICALLY BASED ON TRAVELING AT 70 MILES AN HOUR, WHICH IS WHAT FOUR 10 IS IN THIS AREA, UM, THEY'RE GONNA NEED A FOUR TO SIX SECOND READ TO SEE THE SIGN, MAKE A DECISION, AND THEN PROCEED TO THE RIGHT HAND LANE TO SAFELY EXIT AND VISIT OUR ESTABLISHMENT. AND SO THAT'S WHAT WE'RE ASKING FOR TODAY. THE, THE OPPORTUNITY TO PUT THE SIGN AT A HEIGHT AND A SIZE THAT WILL GIVE THEM THE READABILITY TIME TO MAKE THAT DECISION AND EXIT APPROPRIATELY. SO. OKAY. UM, BEFORE YOU GO, UH, STAFF, IN THE ATTACHMENTS THAT YOU DOWNLOAD, UH, THE EXAMPLE WAS A RECTANGULAR SIGN, BUT IN THE POWERPOINT PRESENTATION IT LOOKS LIKE A, A, A CLUTTERING OF DIFFERENT SIGNS. UH, IS IS, WHICH IS THE ONE THE APPLICANT WAS ACTUALLY, WHICH IS PART OF HIS APPLICATION. IS THIS PART THIS IS YOUR YES. THE, THE FIRST SIGN THAT WAS SENT OUT IN THE ORIGINAL PACKAGE IS ACTUALLY THE STREET PRICER, WHICH ALREADY MEETS MM-HMM, . SO THAT WILL BE AN ADDITIONAL SIGN THAT WILL BE AT THE CORNER. UH, THIS IS THE SIGN THAT REQUIRES THE VARIANCE, WHICH WOULD BE THE 75 FOOT HIGH RISE. THIS, THIS SPECIFIC LAYOUT. YES, SIR. AND THIS, THIS JUST SHOWS BOTH SIDES OF WHAT WILL LOOK LIKE. SO THE LOVES THE BOJANGLES, WHICH WILL BE THE RESTAURANT WITHIN OUR FACILITY GOT IT. PRICES. SO IF WE COULD HAVE THE SIGN, UH, INDIVIDUAL COME UP. SURE. NOW WHAT I'M GONNA DO IS I'M GONNA ASK SOME QUESTIONS 'CAUSE I'M TRYING TO PUT SOME INFORMATION OUT THERE TO KIND OF CIRCULATE AND PONDER. OKAY. SO WE OCCASIONALLY GET REQUESTS FOR SIGNS THAT ARE LARGE. 'CAUSE I KNOW YOU PUT A BIG RECTANGLE ON IT. AND NORMALLY THE ONE THAT MCDONALD'S IS THE ONE THAT USUALLY HAS ISSUE. 'CAUSE THEY HAVE ALL THIS EXTRA, UM, OPEN SPACE. THIS PARTICULAR SIGN THAT HE'S ASKING FOR, YOU'RE PUTTING THE BIGGEST RECTANGLE YOU CAN, YOU'RE NOT PUTTING A RECTANGLE ON THE DIFFERENT COMPONENTS THAT ARE OFF OF THE SEPARATE POSTS. CORRECT. ACTUALLY, WE'D PUT A RECTANGLE AROUND AROUND THE, THE HEART THAT WOULD BE ONE FOR THE SQUARE FOOTAGE OF THAT. OKAY. AND THEN ONE AROUND GLOVES IS ALREADY, BUT THE BOJANGLES ALSO. SO YOU'VE, SO THESE ARE FOUR DIFFERENT RECTANGLES THAT YOU'RE TAKING A MEASUREMENT OF AND THEY'RE, THEY'RE GOING TO BE, AND, AND, AND AS THOSE FOUR DIFFERENT RECTANGLES, YOU'RE, YOU'RE TALKING ABOUT A TOTAL OF 969 SQUARE FEET. THAT'S ACCORDING WHAT HE'S TELLING US. WOW. OKAY. JUST WANTED TO PUT THAT OUT THERE. UH, IS THERE ANYONE ON THE COMMISSION, LET'S START SOME QUESTIONS GOING COMMISSION COMMISSIONER BRACKMAN. UM, THIS ACTUALLY IS A QUESTION FOR THE APPLICANT. SO HOW FAR AWAY IS THE NEAREST EXIT TO YOUR PROPERTY IN EITHER DIRECTION? UM, IN TERMS OF YOU, YOU MENTIONED, UM, YOU NEED A FOUR SECOND REED TO MAKE A DECISION OR TO MOVE OVER. UM, SO HOW FAR ARE THE EXITS AND WHAT DOES THAT CORRELATE TO IN TERMS OF RE TIME AT 70 MILES AN HOUR? SO THE, THE ACTUAL EXIT IS, IS THERE AT THE INTERSECTION, WHICH IS TO THE EAST OF THE, THE FOUR 10 IMP PRESA. UM, SO IT'S RIGHT OFF OF THIS PICTURE, BUT AS YOU, AS YOU COME AROUND THE CORNER, I'M SORRY. SO THE EXIT ACTUALLY THE RAMP COMES TO THIS INTERSECTION. SO AS YOU'RE HEADED, UH, WEST, UH, YOU'RE GONNA COME AROUND THE LOOP. YOU WOULD EXIT OFF, I GUESS, RIGHT IN THIS AREA AND COME TO THIS INTERSECTION AND YOU'LL PASS THROUGH. OUR FACILITY IS GOING TO BE HERE. AND THEN IF YOU'RE HEADED, UM, HEADED EAST, COMING AROUND THE LOOP, IT ACTUALLY EXITS OFF RIGHT ABOUT HERE. SO BOTH OF THOSE, AS YOU COME AROUND AND AS I'M SURE YOU'RE FAMILIAR WITH FOUR 10, IT'S, IT'S A CIRCLE. SO WE'RE KIND OF MORE, SO WHEN YOU'RE HEADED WEST, THIS PROPERTY IS KIND OF IN THAT TURN. AND SO THE, THE SIGN ACTUALLY WOULD HELP, THE, THE HEIGHT OF THE SIGN WOULD ACTUALLY HELP GIVE A GREATER VISIBILITY AS YOU COME AROUND THAT CORNER. AS YOU'RE APPROACHING FROM THE WEST GOING EAST, YOU HAVE A LONGER READ TIME. SO WE'RE, WE'RE NOT CONCERNED ON THAT SIDE. THE, THE OTHER HINDRANCE HERE POTENTIALLY IS THERE'S AN OVERPASS THAT IF WE WERE AT THE LOWER STANDARD OF 50 FEET, THEN THAT OVERPASS REDUCES THE VISUAL ASPECT OF THE SIGN AND BEING ABLE TO MAKE THAT DECISION. SO THE 75 FEET GETS US JUST ABOVE THAT OVERPASS TO GIVE YOU A LITTLE BIT OF A LONGER READ TIME AGAIN TO MAKE A DECISION TO EXIT NINE. MADAM COMMISSIONER, OH, SORRY. SORRY. LEMME JUST FOLLOW UP. SO THEN WHAT KIND OF READ TIME ARE, ARE YOU LOOKING AT BASED UPON THAT 70 MILES AN HOUR FROM THE, THE EXIT? RIGHT. SO WE, WE EXPECT FROM THE VISUAL OF OUR SIGN, OH TO THE EXIT [01:30:01] WOULD, WOULD BE ABOUT EIGHT TO 10 SECONDS IS WHAT OUR CURRENT ESTIMATE IS TO THE EXIT. SO ITSELF, ANYTIME WE MEASURE IT, AS YOU'RE CORRECTLY SAYING IT'S TO THE EXIT ITSELF IS EIGHT TO 10 SECONDS. AT THE 75 FEET AT 50 FEET, IT'S, IT'S ALMOST ZERO BECAUSE OF THAT OVERPASS. YOU DON'T SEE IT TILL YOU CROSS THE OVERPASS AND THE EXITS EXITS THERE ALREADY. SO IT, IT REALLY REDUCED IT ALMOST TO ZERO AS YOU'RE HEADED WEST, COMING EAST, WE'D BE FINE AT 50 FEET. SO HUMANA COMMISSIONER, HUMANA. SO, SO JUST A COUPLE OBSERVATIONS HERE. SO, SO LOOKING AT THE EXXON STATION, WHICH IS AT THE NEXT EXIT, IT ACTUALLY IS BELOW GRADE FROM, UM, UM, FROM THE HIGHWAY AND IT APPEARS TO BE A SIGN THAT IS COMPLIANT WITH REGARDS TO THE SIGN HEIGHT. THIS EXIT IS ABOVE GRADE AND SITS HIGHER ACTUALLY THAN THE HIGHWAY. SO, SO YOU'RE GETTING AN EXTRA 25, 30 FOOT ELEVATION SIMPLY BECAUSE OF, OF, OF THE GEOGRAPHY OF WHERE YOU'RE CURRENTLY LOCATED. SO, SO IT PUTS YOU ALMOST LIKE A HUNDRED FEET OVER THIS OTHER SIGN HERE. SO, SO TO ME IT SEEMS, YOU KNOW, SO JUST TO UNDERSTAND, RIGHT, YOU KNOW, UM, YOU KNOW, THE, THE LINE OF SIGHT AND, AND THE POINTS YOU BROUGHT UP, IT SEEMS, UM, KIND OF CONTRARY TO, YOU KNOW, I GUESS THE TOPOGRAPHY OF, OF YOUR, UM, ADJACENT NEIGHBOR OR NEARBY NEIGHBORS. SO, UM, SO JUST TRYING TO UNDERSTAND, YOU KNOW, I GUESS THAT POSITION THERE. RIGHT. WELL, I WOULD SAY IT'S, IT'S A DIFFERENT CUSTOMER. SO THE, THE PROFESSIONAL TRUCK DRIVER IS A DIFFERENT CUSTOMER THAN MOST GAS STATIONS ARE ATTRACTING. NOW. EVEN IF THEY SELL DIESEL, THEY'RE NOT A TRUCK STOP. WE ARE, WE'RE GONNA HAVE 68 TRUCK PARKS, WE'RE GONNA HAVE SHOWERS, WE'RE GONNA HAVE ALL THE FACILITIES PROVIDE FOR A TRUCK DRIVER. SO AS YOU CAN IMAGINE AND ALL, I SURE KNOW THAT A TRUCK, UH, TAKES MORE TIME TO MOVE OVER. IT CAN'T FIT WITHIN THE NORMAL GAP THAT WE USE IN A CAR. WE, AS IN A CAR CAN MOVE AND MANEUVER QUICKER. SO THEY DO NEED LONGER READ TIME TO DECELERATE, UM, TO MAKE THAT DECISION AND, AND SAFELY MOVE OVER, UH, WITHIN THE CARS THAT THEY MAY BE TRAVELING WITH. SO THAT, AGAIN, THAT WOULD BE THE HELP. I KNOW THAT THE CITY AND STATE ALSO LIKE TO SELL SPACE ON THE SIGNS PRE CURSING THOSE EXITS TO, TO ALLOW PEOPLE TO PUT THEIR NAMES ON JUST TO REMIND BLUE BOARD, YOU KNOW, SO, SO WHEN THEY CAN WE TAKE ADVANTAGE? YES, SIR. WE WILL TAKE ADVANTAGE OF THOSE AS WELL. THE BLUE BOARDS. DEAN. OKAY. COMMISSIONER DEAN, WHERE'S THE NEXT CLOSEST LOVES? I THINK THERE'S ONE CLOSE BY. SO THE CLOSEST IS GONNA BE SOUTHEAST SAN ANTONIO ON 35, UM, HEAD TO SOUTH. SO IT'S ACTUALLY, UM, FROM HERE IT'S PROBABLY ABOUT 30 MILES. AND WHAT, WHAT SIGN, WHAT TYPE OF SIGN DO THEY HAVE THERE? IS IT, IS THIS SIMILAR OR IS IT MUCH MORE? IT, IT'S TALLER. SO THIS IS OUR STANDARD FROM A SQUARE FOOTAGE SIZE. THIS IS ABOUT OUR STANDARD SIZE SQUARE FOOTAGE. NOW THE HEIGHT CAN VARY, UM, BASED ON WHAT'S ALLOWED. OBVIOUSLY WE TRY TO GET, OUR AVERAGE SIGN WITHIN OUR COMPANY RUNS ABOUT A HUNDRED FEET. UM, THERE ARE INSTANCES WHERE WE DO HAVE SIGNS AS TALL AS 150 FEET AND THEN THE REST ARE, YOU KNOW, BELOW THAT BASICALLY BASED ON CITY ORDINANCE OR COUNTY ORDINANCE. SO, UM, SO, SO WHAT, WHAT AGAIN IS SPECIAL FROM YOUR EXISTING SIGN A LITTLE BIT FURTHER SOUTH ON 35 TO, TO WHY YOU NEED MORE? I, I DON'T SEE, YOU KNOW, IT'S 35. THAT'S SAME THERE AS HERE, YOU KNOW. WELL AGAIN, IT'S, IT'S ALL ABOUT THE VISIBILITY AND THE READ TIME HERE, YOU'RE COMING AROUND THE CORNER AS YOU COME AROUND THE, THE ONE 10 LOOP 35 IN THAT AREA, YOU'RE JUST, YOU'RE STRAIGHT ON IN BOTH DIRECTIONS. SO, SO YOU CAN SOMETIMES GET UP TO A MILE READ OR LONGER. I MEAN, WE'VE GOT SOME SITES THAT, SO WHILE WE'RE ON THE SUBJECT STAFF, CAN YOU BRING UP THE SIGN FROM THE ATTACHMENTS FROM THE HIGHWAY 35 SIGN THAT, UH, COMMISSIONER DEAN IS MENTIONING IT IS A DIFFERENT LOOKING SIGN. I, I, I SURE LIKE TO HAVE THAT UP. WE'LL, HIS QUESTION IS BEING ANSWERED NOT FROM THE POWERPOINT FROM WHAT YOU DOWNLOAD. YEAH, I'LL ASK A QUESTION. WE'LL SEE. THERE YOU GO. SO I THINK THAT'S ASSIGNED. COMMISSIONER DEAN WAS MENTIONED. SO COMMISSIONER DEAN, YOU HAVE A FLOOR IF YOU HAVE ANY? NO, UH, I THINK THAT'S IT. THAT I'M JUST, UH, TRYING TO SHARE THE CONTEXT THERE OF TWO LOVES BEING SOMEWHAT CLOSE AND THE SIGNAGE BASICALLY WHAT, WHAT'S EXISTING TO WHAT'S PROPOSED. OKAY. WELL THEN I'D LIKE TO EXPAND ON THAT A LITTLE. 'CAUSE THIS IS A DIFFERENT LOOKING SIGN, RIGHT? IS THIS MORE EFFICIENT WITH THE SQUARE FOOTAGE BECAUSE THE HEART ISN'T SEPARATE OR IS THE BOJANGLES GETTING MORE, UH, ADVERTISING SPACE FOR THE MONEY BECAUSE IT'S RECTANGULAR AND NOT CIRCULAR? I MEAN, [01:35:01] WOULD THIS SORT OF SIGN MAYBE SLIGHTLY LARGER SERVE THE PURPOSE BUT NOT BE AS PHYSICALLY LARGE? AND I BRING THAT UP BECAUSE IF WE GRANT THIS VARIANCE, IT'S PERMANENTS FOREVER. IT DOESN'T, IF YOU COULD SELL THE PROPERTY 10 YEARS FROM NOW RIGHT. AND THE NEXT PERSON COULD HAVE A MASSIVE SIGN, SO, OKAY. UM, YOU KNOW, I I'D LIKE TO KNOW WHAT'S, WHY YOU'RE NOT PURSUING SOMETHING OF THIS NATURE THAT MIGHT BE MORE EFFICIENT. RIGHT. WELL WE ARE PURSUING THE SIGN ALSO. SO THIS IS THE STREET PRICER THAT'S, THAT FITS WITHIN THE CURRENT VARIANCE. SO WE DON'T NEED A VARIANCE FOR THIS ONE. THIS WILL BE PLACED AT THE CORNER. SO IT'S KIND OF LIKE THE, THE MCDONALD'S OR WELL, EVEN THE EXXON OR WHATNOT. RIGHT? YOU SEE THE HIGH RISE. THEN WHEN YOU GET OFF THE EXIT, YOU HAVE SOMETHING WITHIN YOUR VISUAL VIEW THAT CUES YOU TO OUR STATION AND WHAT OUR CURRENT GAS PRICES ARE. SO IT'S GOING TO BE POSITIONED THAT STREET PRICER IS POSITIONED RIGHT HERE IN THE AND THE VACANT LAND THAT'S ON YOUR PROPERTY, IS THAT GOING TO BE ADDITIONAL BUSINESSES OR FOR ADDITIONAL PARKING? YES, SIR. SO WE LOVE'S IS LEASING THIS PROPERTY. UM, AND SO THE, THE CURRENT OWNER, DEVELOPER, UM, WILL BE ALSO, UH, PUTTING BUSINESSES INTO THOSE. SO A QUESTION FOR THE CITY'S UH, UH, SIGN DEPARTMENT, IS THERE A MASTER SIGN PERMIT APPLICATION THAT MIGHT COVER THE VACANT LAND THAT WOULD SOMEHOW BENEFIT OR NOT BENEFIT THE APPLICANT CURRENTLY? NO. OKAY. WOULD THERE, WOULD THERE BE OF A BENEFIT FOR THE OWNER OF THE LAND TO POSSIBLY DO A MASTER SIGN PERMIT THAT WOULD HELP THEM IN ANY WAY? NOT ON HEIGHT. OKAY. NOT ON HEIGHT. 'CAUSE YOU HAVE TO HAVE A REDUCTION. OKAY. YOU COULD JUST MORE SIGNAGE. UM, BUT TAKE INTO CONSIDERATION THIS ISN'T A CORRIDOR STILL, SO THE STANDARDS ARE LESS IN THE CORRIDOR. SO WHERE I'M GOING WITH THIS FOR THE REST OF THE COMMISSION IS, IS THAT IF YOU PURSUE A MASTER SIGN PERMIT, IF THERE'S A WAY TO, YOU KNOW, KIND OF HORSE TRADE, MAYBE MAKE ONE SIGN A LITTLE BIGGER, MAYBE MAKE ANOTHER ONE A LITTLE SMALLER, BUT COLLECTIVELY HAVE, IS THAT A, A THING THAT CAN HAPPEN? IT WOULDN'T BE THAT HIGH. NO, BUT NOT THE, BUT THE SQUARE FOOTAGE, NOT THE SQUARE FOOTAGE OR HEIGHT BECAUSE YOU HAVE TO HAVE A REDUCTION WHEN YOU ENTER INTO A SIGN MASTER PLAN. GOT IT. OKAY. MAKE SURE CAPTAIN, YEAH, I SEE THAT. ADJACENT TO THIS PROPERTY THERE'S A RED ROOSTER MARKET WITH AN EXXON SIGN FOR THE CITY. CAN YOU TELL ME HOW LARGE THAT SIGN IS? IT WOULD BE RIGHT NEAR THE, THE, UM, BOJANGLES. I DID LOOK THAT ONE UP AND I DIDN'T FIND ANYTHING 'CAUSE IT WAS ON OUR O SYSTEM. HOWEVER, BASED ON ON WHAT I WAS SEEING, I BELIEVE IT'S ABOUT 40 FEET. SO THAT'S ACCORD IN ACCORDANCE WITH THE, THAT'S IN ACCORDANCE. OKAY. ALRIGHT. ANY OTHER QUESTIONS? CRUZ? COMMISSIONER CRUZ. SO THIS WOULD BE THE ONLY SIGN THERE, UH, AT, UH, SOUTH PRESA AND YOU, AND YOU'RE STILL REQUESTING 75 FEET, CORRECT? CORRECT. WELL, THIS, THIS ISN'T THE ONLY SIGN. I DON'T, I DON'T WANT TO SAY THIS IS THE ONLY, THIS WOULD BE THE ONLY, UH, HIGHRISE SIGN THAT'D BE VISIBLE FROM THE, THE INTERSTATE PER SE. THE OTHER SIGN THAT WAS IN YOUR PACKAGE IS SIGNAGE. THAT'S MUCH SMALLER AND VISUAL FROM THE ROAD ONCE YOU'VE MADE THE EXIT. BUT THIS, AGAIN, THIS SIGN IS GEARED TO, UH, UH, GARNER THE ATTENTION OF THE DRIVER ON THE INTERSTATE. OKAY, THANK YOU. ANY OTHER QUESTIONS? ALRIGHT, I'M GONNA, UH, ANY PUBLIC COMMENTARY VOICEMAILS? UH, ONE VOICEMAIL. ALL RIGHT, LET'S HEAR IT WITH THE VEHICLE NEIGHBORHOOD ASSOCIATION. I RESIDE AT 1522 RAFAEL SAN ANTONIO, TEXAS DISTRICT THREE SEVEN EIGHT TWO ONE FOUR. PHONE NUMBER TWO TEN THREE NINE THREE SIX NINE FOUR FOUR. THIS IS REQUIRED, UH, REGARDING BO OA CASE 24 1 0 3 0 0 0 1 7. THE ASSOCIATION STANDS NEUTRAL. WE ARE NEITHER FOR NOR AGAINST. AND LEAVE IT UP TO THE OTHERS WHOM RECEIVE NOTICES TO VOICE THEIR CONSENTS. THANK YOU FOR REACHING OUT AND SENDING THE NOTICE, BUT LIKE I SAID, WE'RE IN NEUTRAL AND, UH, WE WILL LET THE OTHERS WHO RECEIVE NOTICES VOICE A CONSENT. THANK YOU. ALL RIGHT. IF WE HAVE THE APPLICANT COME BACK FORWARD. YEAH. UH, SO WHAT'S GONNA HAPPEN IS, UH, THERE MIGHT BE SOME MORE QUESTIONS, BUT AS WE MOVE ON TO THE NEXT STAGE, WHICH WOULD BE A MOTION, UM, I ALWAYS LIKE [01:40:01] TO ASK, ESPECIALLY ON THESE SIGN HEIGHTS, IS THERE ANYTHING LESS THAN WHAT YOU'RE ASKING FOR THAT YOU CAN LIVE WITH THAT WE COULD CONSIDER? UH, JUST IN CASE, UH, YOU, WHAT YOU'RE ASKING FOR CAN'T GARNER NINE VOTES? SURE. I, I, YES. I MEAN, WE CAN, WHAT CAN HAPPEN IS IF, IF YOU COME BACK WITH A SUGGESTED SITE, I WOULD, I WOULD NEED TO TAKE THAT BACK TO OUR SIGNED COMPANY. OBVIOUSLY THEY'RE THE ONES THAT RUN ALL THESE CALCULATIONS AND, AND GIVE US FEEDBACK ON WHAT'S NEEDED FOR A SITE. UM, I'D BE MORE THAN HAPPY TO DO THAT AND GO BACK TO THEM AND SAY, HEY, WE NEED THE, WE NEED THE MINIMAL, THE, THE SMALLEST AMOUNT, WHICH I THINK IN, IN A WAY, THIS IS, AGAIN, THIS WAS PRESENTED BASED ON THEIR CALCULATIONS OF, OF READABILITY. BUT WE CAN GO BACK AND, UM, OKAY. REVIEW THAT AGAIN. YES, SIR. ANY LAST, LAST CALL FOR QUESTIONS? YES, MR. DEAN, UH, THE CALLER CALLED IN, SAID THEY WERE FROM DISTRICT THREE. IN THE PRESENTATION, IT TALKS ABOUT THIS SIGN BEING IN DISTRICT FOUR. IS, UH, AM I READING THAT CORRECTLY? IS THERE ANYTHING I'M MISSING FROM THAT? I'M JUST TRYING TO UNDERSTAND, WELL VERIFY THAT, BUT, UM, THE ASSOCIATION THAT WAS, UH, NOTICED WAS, AND THEY ARE IN DISTRICT THREE, SO WE'LL DOUBLE CHECK THAT. I WONDER IF IT, YEAH. IS THERE ANY OTHER QUESTIONS WHILE STAFF IS VERIFYING THAT? CORRECT? YOU'RE NOT MISSING ANYTHING? IT IS DISTRICT THREE. IT APPEARS FROM THE ONLINE MAP. ALL RIGHT. AND THE AGENDA AND THE CAPTION ON THE BRIEFING MEMO. I'LL SAY DISTRICT THREE. DID YOU SEE SOMETHING THAT SAID DISTRICT FOUR COMMISSIONER? UH, JUST THE SLIDES IN FRONT OF ME, SAY DISTRICT FOUR. UH, IT MAY BE AN ERROR. THAT'S WHY I WANNA VERIFY. THANK YOU. THANK YOU. ALL RIGHT, SO WITH THAT WE'RE LOOKING FOR A MOTION. UH, THE, THE APPLICANT IS ASKING FOR A 25 FOOT VARIANCE ON HEIGHT AND A 500 AND YES. SOMEBODY HAVE A, I'M SORRY, SIR, I'M SORRY. I DISTURB YOU. AND, AND WHO ARE YOU? MY NAME IS DEREK THOMPSON. I'M THE . ARE YOU SIGNED UP TO SPEAK? UH, I'M NOT. I DID NOT ANTICIPATE. HOLD ON. COME, COME UP TO THE MICROPHONE. ARE YOU ASSOCIATED WITH THE APPLICANT? YES, SIR. OKAY. WELL THEN PLEASE STATE YOUR NAME. YEAH. HI, GOOD AFTERNOON. MY NAME IS DEREK THOMPSON. I'M, I AM THE PROPRIETOR OF 9 4 2 5 SOUTH PRESA STREET, LLC. I APOLOGIZE. I DID NOT SIGN UP TODAY. AND I, THE REASON WHY I DIDN'T IS WHAT WAS PRINTED ONLINE AND WHAT WAS PRINTED OUT TO US WAS THAT THIS STAFF WAS GOING TO, WAS GOING TO RECOMMEND APPROVAL FOR THIS. WE ONLY FOUND OUT THAT THEY WERE GONNA RECOMMEND DENIAL MINUTES BEFORE THIS MEETING. SO IT, IT, I WOULD SAY I, I I I WOULD THINK THAT LOVE'S WOULD HAVE A MUCH BETTER OR DIFFERENT PRESENTATION TO YOU. HAD THEY KNOWN THAT THAT WAS GONNA BE THE RECOMMENDATION? UM, THE REASON WHY I REALLY WANTED TO SAY A FEW THINGS THAT, THERE'S A FEW THINGS THAT ARE MISSING THAT I THINK WOULD BE A PART OF THEIR PRESENTATION WOULD BE, I HAVE DRIVEN THIS. THEY HAD A FULL, THEIR SIGN COMPANY THAT PUT TOGETHER, UM, BASICALLY THE WHOLE PRESENTATION OF HOW THE SIGN WOULD LOOK SHOWS IN TERMS OF SAFETY, WHAT IT LOOKS LIKE FROM BOTH A CAR AND A TRUCK DRIVING ON FOUR 10. IF YOU'RE GOING WEST ON FOUR 10 COMING AROUND, YOU ARE COMING AROUND A CORNER. THE VISIBILITY IS NOT GOOD. IT'S OVER 1200 FEET. THEY EXIT BEFORE THE, UM, BEFORE THE, UM, THE INTERSECTION OF PRESA AND THE ACCESS ROAD. IT'S, IT'S A LONG WAYS. PLUS WITH A SIGN, YOU ALSO HAVE THE OVERPASS BRIDGE OF PRESA GOING OVER FOUR 10, WHICH BLOCKS IT AS WELL. I UNDERSTAND LOOKING AT THIS, IT IS A BIGGER SIGN, BUT THE HEIGHT, IT'S NOT WHERE IT IS, IT IS NOT AT GRADE LEVEL. IT IS BELOW GRADE LEVEL. AND YOU'RE ALSO, IT'S VERY IMPORTANT. I THINK WHAT I'M GO, WHAT I'M GETTING AT IS IF THERE IS A, A WAY TO 'CAUSE IT, I GETTING GAUGING THE TEMPERATURE OF THIS. AND FIRST OF ALL, THANK YOU ALSO FOR YOUR WORK HERE. WHAT YOU DO IS SO IMPORTANT, BUT IF, IF THERE'S A CHANCE FOR A DEFERRAL FOR THEM TO SHOW YOU, BECAUSE DETAILS DO MATTER HERE TO BE ABLE TO SEE WHAT IT LOOKS LIKE FROM A CAR GOING BOTH WESTBOUND AND EASTBOUND, I THINK YOU WOULD HAVE A DIFFERENT FEELING TOWARDS THIS SIGN. OKAY. SO SOUNDS LIKE SOMEONE'S ASKING FOR A CONTINUANCE. I, I'D MAKE A MOTION FOR THAT. WELL, HOLD ON. UH, WHAT, HOW MUCH TIME ARE YOU ASKING FOR? I WOULD, I WOULD DEFER TO THEM AND IT TWO WEEKS STAFF. CAN WE DO TWO WEEKS? ALRIGHT. SO, UM, IS THERE A MOTION FOR A CONTINUANCE TO, UH, MARCH 18TH? [01:45:01] I WOULD MAKE A, I'D MAKE A MOTION TO CONTINUE, UH, THE HEARING FOR BO OA 24 DASH 1 0 3 7 9 4 2 5 SOUTH P STREET TILL MARCH 27TH. SECOND MARCH, MARCH 18TH, MARCH 18. SECOND. SECOND. OKAY, SO WE HAVE A SECOND BY, I'M GONNA GIVE THAT TO BENI, UH, COMMISSIONER BEES. UM, LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER KAPLAN? I CAN. YES. COMMISSIONER AVIVE? YES. COMMISSIONER BARTON. YES. COMMISSIONER BANES? YES. COMMISSIONER DEAN. I CONCUR. COMMISSIONER CRUZ? YES. COMMISSIONER MANNA. I DO NOT CONCUR. COMMISSIONER BRAGMAN? YES. COMMISSIONER ZUNA? YES, I CONCUR. COMMISSIONER BONILLA? YES. CHAIR ORIAN. AND I CONCUR WITH A CONTINUANCE. SO YOU'VE GOT TWO WEEKS TO WOW US. OKAY. I REALLY APPRECIATE THE OPPORTUNITY TO SPEAK. THANK YOU VERY MUCH. ALL RIGHT, THANK YOU. BRING A TOPO. . YEAH, TOPO AS WELL. CHICO. THANK YOU CHICO. ALRIGHT, IT'S 2 46. I THINK WE CAN GET ONE MORE OUT BEFORE WE HAVE A BREAK. ITEM FIVE, TOPO CHICO WOULDN'T BE READY. RECOMMENDED APPROVAL. THEY READY? GO AHEAD ALFONSO. SURE. THANKS. ALFONSO CAMACHO, SENIOR PLANNER. THIS ITEM, UH, BO, OA 24, UH, 1 0 3 0 0 0 1 5 IS FOR THE PROPERTY AT 8 8 2 3 SOUTH IH UH, 35 IN COUNCIL DISTRICT FOUR. THE REQUEST IS FOR, UH, 15 FOOT VARIANCE FROM THE MINIMUM 15 FOOT BUFFER YARD AND COMPOSITION TO ALLOW FOR A ZERO FOOT BUFFER YARD AND COMPOSITION ALONG A 193 FOOT PORTION OF THE SOUTHERN, UH, PORTION OF THE PROPERTY LINE. UH, REQUEST FOR A EIGHT FOOT VARIANCE FROM THE MINIMUM 10 FOOT BUFFER YARD TO ALLOW A TWO FOOT BUFFER YARD STRUCTURE ENCROACHMENT ALONG EASTERN THE EASTERN PROPERTY LINE. UM, A REQUEST FOR A 15 FOOT VARIANCE FROM THE MINIMUM 30 FOOT BUFFER YARD TO ALLOW A 15 FOOT BUFFER ALONG THE NORTHERN PROPERTY LINE. AND A REQUEST FOR A 30 FOOT VARIANCE FROM THE MINIMUM 30 FOOT BUFFER, UH, COMPOSITION TO ALLOW A ZERO FOOT BUFFER COMPOSITION ALONG THE NORTHERN PROPERTY LINE. THIS PROPERTY IS ZONE C TWO. UH, THIS AGAIN, THE SUBJECT PROPERTY. SUBJECT PROPERTY IS LOCATED ALONG THE INTERSTATE OF SOMERSET ROAD AND INTERSTATE 35 IN THE SOUTHWEST SIDE OF SAN ANTONIO. THE APPLICANT WISHES TO ELIMINATE THE BUFFER ALONG THE 193 FOOT SOUTHERN PORTION, UH, REDUCTION OF THE BUFFER TO TWO FEET ALONG THE EASTERN PORTION, A REDUCTION TO THE 15 FOOT BUFFER ALONG THE NORTHERN PORTION, AND AN ELIMINATION OF BUFFER COMPOSITION ALONG NORTHERN THE NORTHERN PROPERTY LINE. A SIMILAR NEARBY PROPERTY OBSERVED BY STAFF HAS SIMILAR BUFFERS AND COMPOSITIONS. THE PROPOSED DEVELOPMENT IS A FUEL STATION WITH THE CONV, WITH THE CONVENIENCE STORE. THE FUEL STATION WILL HAVE A 40,000 GALLON TANK AND WILL BE OVER A HUNDRED FEET AWAY FROM ANY RESIDENTIAL USE AS REQUIRED BY SECTION 35 DASH 3 9 7 0 1 OF THE UDC. UM, THIS SLIDE SHOWS A SITE PLAN AND THE THREE LOCATIONS, UM, IN SUCH IRREGULAR SHAPE, TRIANGULAR LOT. UM, AND THE, THE FIRST ONE IS A ZERO, UH, WHICH IS LOCATED ALONG THE NORTHERN, UH, I WOULD SAY THE SOUTHERN PORTION, UM, IS THE ZERO FOOT BUFFER YARD. UM, THAT'S THE 193 PORTION. UM, YOU'LL HAVE THE, THE TWO FOOT BUFFER YARD, UM, ENCROACHMENT ALONG THE EASTERN PORTION THAT'LL BE, UM, IDENTIFIED AS NUMBER TWO. AND, UH, NUMBER THREE IS THE ZERO BUFFER YARD AND COMPOSITION ALONG THE NORTHERN PROPERTY LINE. OKAY. THESE ARE IMAGES OF THE SUBJECT PROPERTY AND NEARBY PROPERTIES. THEREFORE, THEREFORE STAFF RECOMMENDS, UH, APPROVAL OF BO OA DASH 24 DASH 0 3 0 1 5 BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUEST WILL NOT NEGATIVELY IMPACT SURROUNDING PROPERTY OWNERS AND DOES NOT SIGNIFICANTLY ALTER THE APPEARANCE OF THE DISTRICT. AND THE VARIANCE REQUESTS ARE LIMITED AND THE [01:50:01] ESTABLISHED ADJACENT USE IS COMMERCIAL FOR THIS ITEM. 23 NOTICES WERE SENT, UH, ZERO IN FAVOR, ZERO IN OPPOSITION. AND THERE'S NO REGISTERED NEIGHBORHOOD ASSOCIATION. UH, THEREFORE THIS CONCLUDES STAFF PRESENTATION AND THE APPLICANT IS AVAILABLE FOR QUESTIONS. YEAH, JUST BEFORE YOU GO ON THE AGENDA, THERE WAS FOUR, UH, ELEMENTS OF THE VARIANCE AND THE PRESENTATION IS SHOWING THREE, I THINK THREE AND FOUR ARE BOTH ALONG THE NORTHERN PROPERTY LINE, BUT YEAH, I THINK YEAH, THEY'RE BOTH ON THE NORTH. THEY'RE BOTH ON THE NORTHERN, YEAH. ONE OF 'EM IS FOR THE DISTANCE AND ONE OF 'EM FOR THE COMPOSITION. YEAH. OKAY. SO IF, IF A VARIANCE REMOVES A BUFFER ALTOGETHER, THEY STILL HAVE TO ASK FOR A COMPOSITION AS DISCUSSED IN A PREVIOUS BOA MEETING. OKAY. ALRIGHT. UM, LET'S HAVE THE APPLICANT COME FORWARD. YEAH, GO AHEAD. I WANNA ADDRESS THE PREVIOUS, HELLO, THIS IS DAVID RANCH BAR. I'M A DEVELOPER FOR THIS PROJECT. AND HERE IS RANDY CHAVEZ, A UH, ARCHITECT, UH, REGISTER ARCHITECT. YEAH. OKAY. YEAH. UH, I'M LANDSCAPE ARCHITECT ON THE PROJECT. AND UM, ESSENTIALLY THE, THE, THERE WAS A PRE, UH, THE DESIGN MEETING BETWEEN THE OWNERSHIP, I GUESS WITH THE CITY STAFF. YES. IS THAT CORRECT? YES. AND THEY ADDRESSED THE, UH, PROPERTY, UH, BUFFERS ALONG THE EAST AND ALONG I 35, UH, WEST. I MEAN, UH, I 35 SOUTH ACCESS ROAD. SO THAT ADDRESSES ONE AND TWO. THEY, THEY HAD DISCUSSED THAT AND HAD SOMEWHAT APPROVED THAT THE, THERE WAS, UH, A CONDITIONAL AND THAT THEY WANTED TO HAVE ENOUGH CONTIGUOUS BUFFER, UH, ON ALONG THE WHOLE SAY I 35 AND ALONG SOMERSET ROAD AND WE MET THE CALCULATIONS FOR THAT. THE, UH, AREA FOR NUMBER THREE, THERE IS A, UM, THERE'S AN AREA ALONG THE NORTHERN PROPERTY LINE THAT BASICALLY IS, UH, FROM WHAT I FOUND ON THE WEBSITE, THERE WAS A, UH, C TWO, AND I DON'T KNOW IF Y'ALL CAN PULL IT UP, BUT THAT SHOWS AN I I TWO DOWN TO A C3. SO I DON'T KNOW IF THEY CAN SCAN IT OR WHAT HAVE YOU. DOES THIS WORK? YEAH, RIGHT IN HERE. THAT PROPERTY IS DAVID, THAT IS NOT Y'ALL'S PROPERTY. RIGHT. THAT'S FINE. SO THAT'S A C TWO AND C3. THERE'S A, THAT NUMBER THREE WAS SHOWING THAT IT WAS AN I ONE DESIGNATION ALL THE WAY TO ADJACENT TO THE C TWO. SO I, I DIDN'T SEE THAT. AND I BELIEVE THAT THIS IS WHAT, THIS IS WHAT CAME OFF THE WEBSITE AND THAT YEAH. STAFF, IF YOU COULD BRING UP THE ONE STOP, MAYBE VERIFY IF THE, IF THAT PARKING RUN OF PARKING IS C TWO. 'CAUSE IF THAT'S THE CASE, THERE WOULDN'T BE A BUFFER. I, I BELIEVE. RIGHT. ARE YOU ASKING IF THERE'S A BUFFER BETWEEN C TWO AND C TWO? THERE WOULDN'T BE A BUFFER. YES. YEAH, I KNOW, BUT HE'S, HE'S SAYING THAT THAT IT, IT'S THE STRIP OF LAND ABOVE HIS PROJECT IS C TWO. SO THIS IS THE PRELIMINARY PLAT THAT THEY'RE SHOWING. UH, ONCE YOU LOOK AT THE ONE STOP MAP, YOU'LL SEE THAT C TWO PORTION IS INCLUDED IN THE FINAL PLAT. UM, GO AHEAD AND SHOW THE ONE STOP. IS THAT YOUR PROPERTY? YEAH, SO ON THE, THE BUDDING PROPERTY CT, IT DOESN'T, IT SHOWS AS TURN ON THE, UH, DEVELOPMENT ON, UH, RECORDED PLATS. SO THAT WAS THE FINAL PLAT THAT WE WERE LOOKING AT AND THAT'S WHY WE ADDED THIS, UH, NORTHERN PORTION. OKAY. UH, SO IF YOU CAN SEE ON THE MONITOR, THEY'RE SHOWING THAT, THAT WHEN GIS TOOK THE PROPOSED PLAT AND ENTERED IT IN THAT IT, IT RIGHTED RIGHT ON TOP OF THE, [01:55:01] THE C TWO. SO, UM, STAFF, CAN YOU ZOOM IN A JUST A I'M TRYING TO, YEAH, THAT'S THE HYBRID MAP THAT I'M SHOWING. IT SHOWS THE PARKING FROM ADJACENT DEALERSHIP. YEAH. STEPH, IF YOU COULD TURN ON THE HYBRID OR UNDER WHERE IT DROPPED DOWN ON THE BASE MAPS, POP THE HYBRID ON. YEAH, SO IT'S SHOWING THAT PARKING THAT'S RUNNING IN THAT PLAT. AND SO WHAT MIGHT BE HAPPENING, THERE'S A COUPLE THINGS THAT COULD HAPPEN HERE. UM, YOU KNOW, THAT COULD JUST BE A-A-A-G-I-S ERROR OR THERE COULD BE A DIMENSIONAL ERROR ON THE PLAT, BUT, BUT IS IT, WHAT, DO YOU HAVE A COPY OF THE PROPOSED PLAT? I DON'T HAVE IT WITH ME, BUT, UM, THIS PROPERTY RECENTLY PLANNED IT. IS IT RECORDED? IT'S RECORDED, YES. OKAY. UM, WE CAN FOLLOW UP WITH THE GIS TEAM TO SEE IF THE, UH, COORDINATES ARE CORRECT AND IF THEY ARE NOT, WE CAN HAVE THAT CORRECTED. SO WHAT'S IT, IT, IT MIGHT TURN OUT THAT IT COULD BE A GIS ERROR AND THAT, AND THAT THE NEIGHBORING LAND IS, COULD, COULD VERY WELL BE ZONE C TWO AND THERE COULD BE NO BUFFER AT ALL ON THIS ON THE NORTH. AND SINCE THIS IS ALL TIED ALL TO THE SAME THING, IF WE MAKE A RULING ON THIS TODAY, WE CAN'T CONTINUE A PORTION OF IT. AND I HATE TO KEEP, HATE TO KEEP CONTINUING CASES, BUT I MEAN THAT'S, THIS IS KIND OF A, AN IMPORTANT ISSUE. YEAH. SO WE PRESENTED THIS, UM, ADDITION BECAUSE THIS WAS NOT ORIGINALLY APPLIED FOR BY THE APPLICANT. WHEN WE WERE PROCESSING AND DOING OUR BACKGROUND CHECK, WE ADDED THIS, NOTIFIED THE APPLICANT THAT WE WERE ADDING, THEY UNDERSTOOD, UM, OBVIOUSLY WE WEREN'T TOLD THAT THERE WAS, I BELIEVE TO BE AN ERROR IN A GIS MAP. SO, UH, WE WOULD'VE DONE THAT EARLIER. UM, WE WERE JUST PROCEEDING AS WE, I I UNDERSTAND. IT'S JUST STUFF THAT HAPPENS, YOU KNOW. I'M GLAD THAT IT WAS, I'M GLAD WE'RE NOTICING . HOW SO? UM, I THINK IT'D BE PERTINENT, UH, YOU KNOW, FOR A CONTINUANCE TO FIGURE THIS OUT. AND, UM, DOES ANYBODY LIKE TO MAKE A MOTION FOR THAT MANNA COMMISSIONER MANNA TWO WEEKS I ASSUME SAYS QUESTION MORE FOR CITY THIS TIME AND, AND I'M ASSUMING THE APPLICANT COME BACK IN TWO WEEKS AND THE QUESTION IS WHETHER THAT IS C TWO WHERE THEY DON'T THERE BE NO FOR THE APPLICANT DID BY CHANCE. DID Y'ALL HAVE THAT DIALOGUE WITH, UH, WITH JEEP NEXT DOOR? HAVE YOU TALKED WITH THEM AT ALL? NO, WE HAVEN'T. OKAY. I'M SORRY. WAS THERE A QUESTION? YEAH. IS, IS TWO WEEKS ADEQUATE FOR CONTINUANCE? YEAH. YES, SIR. OKAY. SO LET'S HAVE A, A MOTION TO MOVE IT TO TWO WEEKS OUT. YEAH, SIR. ALSO, GO AHEAD. GO AHEAD. UH, FOR THE BUFFER ON, ON I 35 AND SOMERSET, WE, WE CAN'T, WE CAN'T RULE ON ANY OF 'EM. WE HAVE TO RULE ON ALL OF 'EM OR NONE OF THEM. I WANT. OKAY. SO, YOU KNOW, IT'S BETTER FOR US TO, WE CAN'T SEPARATE 'EM, SO WE'RE JUST GONNA CONTINUE THE WHOLE THING. UH, IS THERE MO IS THERE A MOTION TO CONTINUE TO, THAT WAS PHILLIP MIN MOTION. OKAY. SO WE HAVE A YES, GO AHEAD. MOTION MOVED TO THE 18TH. ALL RIGHT, THERE'S THERE. SECOND, SECOND, SECOND BY COMMISSIONER CRUZ. ALL IN FAVOR? AYE. AYE. AYE. ANY OPPOSED? HEARING NONE. UH, WE'LL SEE YOU IN TWO WEEKS. UH, ONE THING I WOULD RECOMMEND IS, UH, YOU KNOW, WE PLEASE GET WITH AND MAYBE YOUR SURVEYOR AND FIGURE OUT, YOU KNOW, WHERE THAT BOUNDARY LINE IS. UH, BRING A COPY OF THE RECORDED PLAT, PERHAPS WOULD BE A GOOD IDEA. UH, SEC. AND THEN LASTLY, THERE'S THE OTHER TWO ITEMS THAT YOU HAVE ON THE AGENDA THAT WERE NOT, UH, IN, IN QUESTION. UH, YOU KNOW, JUST BE PREPARED TO PROVIDE DIMENSIONS OF WHERE YOU NEED IT AND WHERE YOU DON'T BECAUSE WE, WE CAN BREAK. WE DON'T HAVE TO GIVE IT TO YOU ACROSS THE WHOLE LINE. WE CAN BREAK IT UP INTO, INTO LITTLE BITS THERE. YEAH. ALL RIGHT. YEAH. THANKS. THANKS, Y'ALL. THANK YOU. ALL RIGHT, WE'RE GONNA CALL FOR A BREAK. IT IS 2 59. I SEE Y'ALL BACK IN EIGHT MINUTES. THREE 12. WE'RE CALLING THIS, UH, BACK TO ORDER. I KNOW WE HAVE ONE COMMISSIONER OUT IN THE HALLWAY, BUT I THINK BELIEVE THERE'S 10 OF US HERE AT THIS TIME. SO WE'RE GONNA MOVE FORWARD. SO I'M LOOKING FOR A MOTION TO RECONSIDER THE PREVIOUS ITEM WE FOUND, FOUND CLARIFICATION ON THE BUFFERING IN THE NORTH LOT. UH, IT'S ITEM NUMBER FI. ACTUALLY, I'LL JUST MAKE A MOTION. I MOVE TO, I, I MOVE TO RECONSIDER, UH, ITEM NUMBER FIVE BOA CASE ENDING IN 15 SECOND. ALL RIGHT, I HAVE A SECOND BY COMMISSIONER ZNO IN FAVOR SAY AYE. AYE. ANY OPPOSED? HEARING NONE. WE ARE GOING TO RECONSIDER ITEM FIVE. UM, STAFF, IF YOU COULD JUST LET US KNOW WHAT YOU FOUND [02:00:01] OUT, WE'LL TAKE IT FROM THERE. SO WE DID THE, UM, MEASUREMENTS FOR THE PLAQUE THAT WE PULLED UP OF 363 FEET. AND IT DOES APPEAR THAT IT ENDS, UM, A SIGNIFICANT WAY FROM THE C TWO CLOSER TO THE PRELIMINARY PLAT THAT WAS ORIGINALLY SHOWN THAN THE ACTUAL, UH, PLAT THAT WAS COMPLETED. SO IT LOOKS LIKE HE IS UP TO C TWO TO C TWO, WHICH WOULD NOT REQUIRE A BUFFER IN A NORTHERN PROPERTY LINE, WHICH WOULD ELIMINATE THE NEED FOR THE ITEM NUMBER THREE OF THE, UH, AND FOUR. OKAY, SO WE'RE STUCK WITH ITEM NUMBER ONE AND TWO. CAN I HAVE THE APPLICANT COME FORWARD PLEASE? I'M GONNA ASK YOU A QUICK QUESTION, UH, WITH REGARDS TO WHAT YOUR, THE BUFFER REQUEST YOU'RE ASKING. UH, ITEM NUMBER ONE IS FOR A 15 FOOT, UH, TO THE 15 FOOT REQUIRED BUFFER FOR A ZERO BUFFER YARD ON THE SOUTHERN PROPERTY LINE. CAN YOU PROVIDE ANY KIND OF A BUFFER YARD ON THE SOUTHERN PROPERTY LINE? UH, UH, WE HAVE 680 FOOT FRONT FROM HERE ALL THE WAY TO THIS CORNER, THIS LINE. BUT BECAUSE OF, UH, WE HAD DEDICATION, WE HAD TO DO DEDICATION 13 FOOT ON SOMERSET. SO THAT'S WHY WE DIDN'T HAVE ENOUGH ROOM. UH, ORIGINALLY WE DESIGNED IT, UH, ENTIRE BUFFER IN THE FRONT, BUT OF, BECAUSE OF THE DEDICATION, I HAD TO PUSH THE BUILDING BACK. SO 13 FOOT IS RIGHT HERE. SO YOU DON'T HAVE ANY LANDSCAPE PLANTING ALONG. UH, IH 35? NO, I HAVE FROM HERE. THIS POINT TO THIS POINT IS ZERO. SO 9,198 FEET. SO THE ONLY PLACE THAT YOU NEED A VARIANCE AGAINST I 35 IS SOLELY FOR THE DRIVEWAY ENTRY. ABOUT HOW WIDE IS THAT? IT'S A LITTLE BIT MORE THAN THE DRIVEWAY. LEMME GO AHEAD. OKAY. YEAH. THIS RIGHT HERE IS THE DRIVEWAY THAT WOULD, THEY GAVE YOU WHAT, A 45 FOOT? YES. IS THAT RIGHT? OKAY. AND THIS RIGHT HERE IS THE AREAS IN FRONT OF THE PUMPS. THAT'S THE ONLY REAL AREA THAT NEEDS TO BE, UH, THE RE THE REASON WHY I BRING IT UP IS, UH, THE, UH, I PERSONALLY YEAH, DON'T LIKE TO GRANT ZERO BUFFERS ACROSS THE SPAN OF SIX OR 700 FEET WHEN ALL YOU REALLY NEED IS A HUNDRED FEET. AND SO DO YOU HAVE ANY IDEA HOW, WHAT THE WIDTH OF WHAT YOU NEED IT TO BE? ZERO. SO ITEM NUMBER ONE IS LIMITED TO 193 FOOT PORTION. OH, I APOLOGIZE. STAND CORRECTED. YES, SIR. ALL RIGHT. REFERENCE. AND THEN ITEM NUMBER TWO IS DONE THE SAME THING. 'CAUSE YOU'RE REFERENCING THE ENCROACHMENT OF THE BUILDING, RIGHT? THESE SMALL TRIANGLE. ALL RIGHT. THAT MAKES ME FEEL BETTER. ANY OTHER QUESTIONS BEFORE WE MOVE ON? ALRIGHT. HEARING NONE IS LOOKING FOR A MOTION. UNA COMMISSIONER ZUNA REGARDING CASE NUMBER BO A DASH 24 DASH 0 3 0 0 1 5. I MOVE THAT THE BOARD OF ADJUSTMENT GRANDE REQUEST FOR THE REQUEST FOR A ONE A 15 FOOT VARIANCE FROM THE MINIMUM 15 FOOT BUFFER YARD IN COMPOSITION TO ALLOW A ZERO BUFFER YARD LINE IN COMPOSITION TO ALLOW A ZERO BUFFER YARD IN COMPOSITION ALONG 193 FOOT PORTION OF THE SOUTHERN PROPERTY LINE, UH, AS DISPLAYED IN THE SITE PLAN THAT WAS, UH, SUBMITTED TO AN EIGHT FOOT VARIANCE FROM THE MINIMUM 10 FOOT BUFFER YARD TO ALLOW A TWO FOOT BUFFER YARD STRUCTURE ENCROACHMENT ALONG THE EASTERN PROPERTY LINE. AGAIN, ACCORDING TO THE SITE PLAN THAT WAS SUBMITTED WITH THE APPLICATION SITUATED AT 8 8 2 3 SOUTH 8 35, APPLICANT BEING EASY SHOP SEVEN 11 INC. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH A LITERAL ENFORCEMENT OF THE PROVISION OF THE UD SEAT THAT'S AMENDED, WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY THE BUFFER YARD REQUIREMENT TO PROVIDE LANDSCAPE SEPARATION BETWEEN ADJACENT USES AND ARTERIAL ROADWAYS. THE ELIMINATION OF THE BUFFER YARD IS NOT CONTRARY TO THE PUBLIC INTEREST, AS IT DOES NOT NEGATIVELY IMPACT ANY SURROUNDING PROPERTIES OF THE PUBLIC. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A SPECIAL CONDITION FOUND ON THE SUBJECT PROPERTY IS THE LIMITATION OF THE VARIANCE REQUEST ON THE SOUTHERN PROPERTY LINE. LIMITED STRUCTURE ENC ENCROACHMENT ON THE EASTERN PROPERTY LINE AND ESTABLISHED COMMERCIAL USES ON THE NORTHERN PROPERTY LINE. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT INCORPORATING THE MINIMUM BUFFER YARD REQUIREMENT, WHICH WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD NEED TO RECONFIGURE THE DEVELOPMENT PLANS. 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. IN THIS CASE, THE ELIMINATION OF THE BUFFER YARD AND COMPOSITION WILL ADHERE TO THE SPIRIT OF THE ORDINANCE. THE REQUEST IS LIMITED AND THE ESTABLISHED ADJACENT, UH, USE WOULD NORMALLY NOT REQUIRE A BUFFER YARD FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF USE OF THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. AND FIVE, SUCH A, SUCH A VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR TO THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE SUBJECT PROPERTY WILL HAVE REDUCED AND ELIMINATED BUFFER YARDS ALONG THE PERIMETER OF THE PROPERTY, THE APPEARANCE OF THE, OF THE STREETSCAPE WILL NOT BE ALTERED IF APPROVED. END OF MOTION. [02:05:02] UH, THERE'S AN ITEM SIX SECOND OH. ITEM SIX OH IT RIGHT HERE. SIX. OKAY. ITEM SIX. THAT THE, THE APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT NORMALLY, ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS. AND THE DISTRICT WHICH THE PROPERTY IS LOCATED, STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR ITS A VARIANCE OF SOUGHT, IS DUE TO THE UNIQUE CIRCUMSTANCES OF EXISTING ON THE PROPERTY AND, AND SUCH, UH, SUCH AS UTILIZING THE IRREGULAR SHAPE OF THE PROPERTY AND OF MOTION. ALRIGHT. IS THERE A SECOND? SECOND. SECOND. BY COMMISSIONER KAPLAN. UH, COMMISSIONER ZUMA? YES. SO I'M SUPPORTING THE STAFF RECOMMENDATION FOR APPROVAL. UM, THE, WE SPECIFIED THE LIMITS OF BOTH THE VARIANCES AND IT ALLOWS FOR A EFFECTIVE USE OF THE PROPERTY. AND AGAIN, NO OPPOSITION FOR THE NEIGHBORING PROPERTY OWNERS. UM, I THINK IS AN, IT IS A GOOD USE OF THE PROPERTY. AND WE HAVE, UH, STAFF SUPPORT. I AGREE WITH COMMISSIONER ZUNA. THANK YOU. COMMISSIONER KAPLAN. UH, ANY OTHER COMMISSIONERS LIKE TO ADD HEARING NONE UNLESS HAVE ROLL CALL VOTE PLEASE. COMMISSIONER ZUNA? YES, I CONCUR. COMMISSIONER KAPLAN? I CONCUR. COMMISSIONER BARTON. I CONCUR. COMMISSIONER BONNI? I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ? I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BONILLA, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. UH, CONGRATULATIONS. HAVE ANY QUESTIONS YOU CAN GET WITH STAFF? THANK YOU. ITEM SIX. ALL RIGHT. GOOD AFTERNOON. I'M MELANIE CLARK. I'M PLANNER FOR THE DEVELOPMENT SERVICES DEPARTMENT. I'LL BE SPEAKING ON ITEM SIX BO TWO FOUR DASH THREE ONE. UH, THIS WILL BE, UH, TWO 50 MICKELJOHN STREET DIS, UH, COUNCIL DISTRICT ONE APPLICANT BEING MARIA MARTINEZ, UH, REQUESTING A FOUR FOOT 1111 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SETBACK TO ALLOW A CAR CARPORT TO BE ONE INCH FROM THE SIDE SETBACK. ZONING IS R THREE. THE SUBJECT PROPERTY IS LOCATED ON MICKELJOHN STREET NEAR NORTH ZZA MORRIS STREET, UH, WITH AN AUTOMOTIVE SERVICE GARAGE AND GR UH, GYMNASIUM WITHIN THE IMMEDIATE VICINITY. ON DECEMBER 13TH, 2022, CODE ENFORCEMENT OPENED A ZONING U-D-C-U-D-C INVESTIGATION DUE TO CARPORT BEING CONSTRUCTED WITHOUT A PORT PERMIT AND STRUCTURE BEING WITHIN FIVE FEET REQUIRED SETBACK. DUE TO THE ONGOING INVESTIGATION, THE PREVIOUSLY EXISTING CARPORT HAS REMAINED IN PLACE. THE PREEXISTING CARPORT IS ALSO INSIDE THE REQUIRED SETBACK, HOWEVER, DOES HAVE A STRUCTURE POLES APPROXIMATELY TWO FEET OR TWO FEET AND FIVE INCHES FROM THE SIDE SETBACK. ON JANUARY 1ST, 2024, CODE ENFORCEMENT INITIATED A AN AMER AN ADMINISTRATIVE HEARING CASE FOR NON-COMPLIANCE OF ACCESSORY STRUCTURE SIDE SETBACK. THE APPLICANT IS SEEKING THE VARIANCE TO ALLOW THE NEWLY CONSTRUCTED CARPORT TO REMAIN ONE INCH FROM THE SIDE SETBACK AS WELL AS DEMOLITION OF THE OLDER CARPORT. IN LIEU OF ADMINISTRATIVE HEARING, ISSUANCE OF A BUILDING PERMIT IS PENDING THE OUTCOME OF THIS BOARD OF ADJUSTMENT. THIS IS THE SITE PLAN. THIS IS THE FRONT VIEW OF THE PROPERTY. THIS SHOWS THE NEW CARPORT THAT'S BEEN CONSTRUCTED ALONG WITH THE ORIGINAL CARPORT. UH, THIS ALSO SHOWS A VIEW OF THE VEHICLE BEING PARKED IN THAT PARTICULAR CARPORT AREA. UH, THIS ALSO SHOWS WHERE THE ORIGINAL CARPORT AT THE BOTTOM IN THE SKINNIER POLES, UH, WAS ACTUALLY TWO FEET FIVE INCHES FROM THE SIDE SETBACK INITIALLY. UM, AND THEN THE OTHER ONE SHOWS NOW THAT IT IS CURRENTLY ABUTTING THE FENCE OF THE NEIGHBORING OR THEIR FENCE LINE. THIS JUST SHOWS THE DISTANCE BETWEEN OR THE SIZE OF THE PROPERTY AND HOW MUCH SETBACK THEY KIND OF HAVE ON BOTH SIDES OF THE HOUSE. UH, THESE ARE VARYING, UH, PICTURES FROM 2014 TO 2022 THAT KIND OF SHOW THE INITIAL CARPORT AND THEN THE EXPANSION IN 2022 WHERE THEY ADDED THE ROOF LINE AND THEN ALSO BROUGHT IT ACROSS THE FRONT PORCH AREA. THIS IS THE SURROUNDING AREA. [02:10:01] STAFF RECOMMEND, UH, RECOMMENDATION FOR THE SIDE SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO OA 24 DASH 1 0 3 0 0 1 0 BASED ON THE FOLLOWING FINDINGS OF FACT, THE ONE, THE CARPORT WILL BE TOO CLOSE TO THE SIDE PROPERTY LINE CAUSING POSSIBLE WATER RUNOFF ONTO THE ADJACENT NEIGHBORING PROPERTY. TWO. THERE IS ENOUGH SPACE FOR A SINGLE CARPORT WITH ADDITIONAL ROOM FOR TANDEM PARKING. UH, STAFF MAILED 30 NOTICES. FOUR IN FAVOR, ZERO IN OPPOSITION. UM, NO RESPONSE PROVIDED BY THE WEST END HOPE ACTION NEIGHBORHOOD ASSOCIATION. UM, WE DID HAVE SOME INDIVIDUALS IN FAVOR THAT WERE OUTSIDE THE 200 FEET, SO WE HAD THREE THAT WERE IN FAVOR AS WELL. ALRIGHT. AND THESE ARE, UH, SOME OF THE VIEWS OF THOSE IN FAVOR. AND THAT CONCLUDES STAFF'S PRESENTATION. AND THE APPLICANT IS AVAILABLE FOR QUESTIONING, HAVE THE APPLICANT COME FORWARD. HELLO? UH, TELL US YOUR NAME AND ABOUT YOUR PROJECT. MARIA MARTINEZ. GOOD AFTERNOON. MY NAME IS MARIA MARTINEZ AND I'M HERE BECAUSE OF THE CARPORT. OKAY. UH, SO I'LL START OFF WITH SOME QUESTIONS. UH, ON YOUR PREVIOUS CARPORT, THE POST WAS TWO FOOT FOUR INCHES, UH, FURTHER AWAY FROM YOUR CURRENT POST. COULD THAT ACCOMMODATE YOUR VEHICLE? UH, C YES, THAT IS CORRECT. OKAY. AND YOUR CURRENT, THE CAR REPORT THAT YOU'RE ATTEMPTING TO BUILD, WHERE DOES IT SLOPE? DOES IT SLOPE TOWARDS THE FRONT OR THE SIDE? NO, FRONT. TOWARDS THE FRONT. OKAY. ARE THERE ANY OTHER COMMISSIONER QUESTIONS? CRUZ? COMMISSIONER CRUZ. SO IF IT'S SLUNG TOWARDS THE FRONT, UH, IF IT RAINS, WHERE, WHICH WAY DOES THE WATER FLOW? UH, . SO WATER FALLS SIDEWAYS TO THE BACK. SO SHE'S GOT GUTTERS IN THERE? UH, NO, HE DOESN'T HAVE ANY GUTTERS. OKAY. UM, IS YOUR CARPORT, UM, WHAT WE SEE ON THE PICTURE THAT'S UP THERE, IS THAT ALL YOU WANTED TO BUILD OR DID YOU WANT IT TO BE FURTHER DOWN THE DRIVEWAY? NO, I STILL HAVE, UH, A, A PORTION IN THE BACK THAT I NEED TO BUILD. HOW? RIGHT. SO SHE WANTS TO EXTEND IT. SHE DOES WANNA EXTEND IT ALL THE WAY BACK, AND SHE DOES HAVE THE INTENTION OF PUTTING GUTTERS ON IT. UM, WE MET WITH HER ON THIS, UH, BECAUSE SHE'S SPANISH SPEAKING. UM, BUT SO YES, IT, IT, THERE WAS AN EXISTING CARPORT THERE AND SHE HAS STOPPED DOING ANY KIND OF WORK ON IT UNTIL THIS MATTER BEFORE THE BOARD IS RESOLVED. OKAY. AND IS IS, ARE YOU SAYING HER APPLICATION DOES IN WILL INCLUDE GUTTERS? YOU CAN CONFIRMATION FROM HER ON THAT. OKAY. BUT WHAT, YES, WE HAVE SPOKEN TO HER ABOUT GUTTERS AND THEN WHAT IS THE ULTIMATE LENGTH OF THE CARPORT? DO YOU HAPPEN TO HAVE A PLAN THAT MIGHT EXPRESS THAT? NO. YEAH, SHE WOULD HAVE TO APPLY FOR NOTE THAT IN HER PERMIT IF SHE GETS APPROVED BY THE BOARD OF ADJUSTMENT FOR THIS. YEAH. SO SHE HAS NO INFORMATION ON HOW THE, THE, THE WIDTH, BUT HOW FAR DEEP? YEAH, IT, IT GOES, UH, WITH THE HOUSE IN THE FRONT AND IN THE BACK. SO IT'S GOING TO BE, IT'S GONNA BE LONGER THAN THE HOUSE? NO, NO, NO, NO. IT'S GONNA BE, IT'S GONNA RUN ACROSS THE HOUSE. JUST THE SAME MEASURE. OKAY. AND THEN, UH, IT, WE HEARD TESTIMONY FROM STAFF THAT YOUR APPLICATION, UH, MIGHT INCLUDE GUTTERS. DOES YOUR PROPOSED CARPORT INCLUDE GUTTERS? [02:15:04] MM-HMM. ? YES. OKAY. UH, ARE THERE ANY OTHER QUESTIONS FROM THE COMMISSION? YEAH, HOW FAR FROM THE SIDE YARD LINE, UH, PROPERTY LINE COULD YOU PUT THE POST SUPPORTING THE CARPORT AND STILL HAVE A WIDE ENOUGH CARPORT TO USE? SO IT'S AN EXISTING STRUCTURE. IT'S, IT'S A MADE OF, UH, METAL. IT'S ALREADY THERE. YEAH. SHE, THE QUESTION IS, IS THE CURRENT CARPORT HAVE POSTS THAT ARE NARROWER AND THEN THERE'S A ROOF OVERHANG. WHAT WE'RE SEEING ON THE SCREEN, THE POSTS ARE FURTHER OUT, BUT THERE'S NO OVERHANG. SO THE, SO HOW WIDE, YOU KNOW, COULD YOU, COULD YOU BUILD THE POST AND STILL PARK A CAR? OH, SO, SO ARE YOU TALKING, ARE YOU TALKING ABOUT THE, THE OLD, UH, WOODEN POSTS THAT I HAD THERE? SO, UH, I'LL GIVE YOU AN EX, I'LL GIVE YOU AN EX STAFF IS SAYING THAT THE, THE POSTS ARE 29 INCHES APART. THE OLD ONE AND THE NEW ONE, THE, THE PREVIOUS CAR, 29 INCHES. AND SO IF WE, IF SHE'S ASKING FOR A VARIANCE FOR ONE INCH, BUT IF WE GIVE HER A VARIANCE FOR 24 FEET, THOSE POSTS COULD STILL BE WIDER THAN WHAT SHE HAS NOW, IS THAT GOING TO BE ADEQUATE FOR HER VEHICLE? SO IF YOU'RE TALKING ABOUT THEY WOULDN'T POST, UH, THEY WOULD HAVE TO BE REMOVED. NO, UH, UH, WHAT SHE NEEDS TO BE ASKED IS IF SHE COULD PUT THE POSTS IN LINE WITH THE OLD POSTS WHERE THEY'RE LOCATED, THE ONES IN THE FRONT, IF THEY COULD ALIGN WITH THE ONES THAT ARE IN THE BACK REDUCING IT INSTEAD OF MAKING IT WIDER. IF I DO THAT, UH, YOU KNOW, MY, MY, MY TRUCK WON'T FIT. THAT'S WHAT WE'RE TRYING TO FIND OUT IS HOW MUCH DO YOU NEED? BECAUSE THE STAFF SHOW SEE THIS OF A TRUCK PARKED UNDER THE CARPORT AND IT LOOKS LIKE IT COULD FIT IN THERE WITH THE OLD POST. AND SO IS THAT, YOU KNOW, IF WE, IF YOU MOVE THE POST, HOW MUCH MORE IN COULD THEY GO? YEAH. SO, UM, SO IF, IF, UH, IF I, UH, I'M, I'M PLANNING ON REMOVING THOSE, THOSE, UH, WHEN POST LOOK AT, UM, SO MY CONCERN IS THAT I WOULD HAVE TO, BECAUSE THESE STRUCTURE IS MADE OUT OF METAL, THEN I WOULD HAVE TO CUT THEM AND THAT WOULD BE VERY CUMBERSOME. OKAY. WELL, IS, LET'S DO THIS STAFF. IS THERE ANYBODY SIGNED UP TO SPEAK OR ANY PUBLIC COMMENTARY? NO PUBLIC COMMENT. ALL RIGHT. SO WHAT WE'RE GONNA DO IS WE'RE GONNA, UH, ASK FOR A MOTION IF THERE'S, UNLESS THERE'S ANY MORE QUESTIONS AND WE'RE GONNA SEE HOW THIS TURNS OUT. OKAY. ALRIGHT. SO WHO WOULD LIKE TO MAKE A MOTION ON THIS? AND, AND JUST KEEP IN MIND THAT, THAT CURRENTLY THE POSTS ARE 29 INCHES AWAY FROM THE NEW POSTS AND MAYBE A ONE FOOT VARIANCE WOULD BE IN ORDER SO THAT IN ORDER, SO THAT THE POST COULD BE EXIST WITH A GUTTER ON THE OUTSIDE OF IT AND STILL BE A FEW INCHES AWAY FROM THE PROPERTY LINE. SOMETHING TO CONSIDER, WHO WOULD LIKE TO MAKE A MOTION? COMMISSIONER BARRINGTON, REGARDING CASE NUMBER BO OA 24 DASH 1 0 3 0 0 0, I MOVED THAT THE BOARD OF ADJUSTMENT GRANT TO REQUEST [02:20:01] FOR A OKAY QUEST FOR A FOUR FOOT VARIANCE, A FOUR FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO A ALLOW CARPORT TO BE ONE FOOT FROM THE SIDE SETBACK SITUATED AT TWO 50 MIC LAJAN STREET, THE APPLICANT BEING MARIA MARTINEZ. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE CARPORT ONE FOOT FROM THE SIDE PROPERTY LINE IS NOT CONTRARY TO THE PUBLIC INTEREST AS THE SIZE OF THE PREEXISTING STRUCTURE IS NO LONGER CONDUCIVE FOR USE. AND THE NEWLY ATTACHED CARPORT WOULD PROVIDE A SAFE ALTERNATIVE FOR OFF STREET PARKING. TWO, DUE TO GENERAL CON SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNEC. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE PROPERTY SIZE DOES NOT PROVIDE ADEQUATE SPACE FOR A FUNCTIONING CARPORT, THUS INCREASING USE OF STREET PARKING WITHIN THE NEIGHBORHOOD. THREE, BY GRANTING THE VARIANCE OF SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE REDUCING THE SIDE SETBACK REQUIREMENT WOULD NOT INJURE NEIGHBORING PROPERTIES. AS THE NEWLY CONSTRUCTED CARPORT'S PITCHED ROOF IS DESIGNED TO PREVENT WATER RUNOFF ONTO NEIGHBORING PROPERTY, ALLOWING THE REMOVAL OF THE PREEXISTING CARPORT FOR TANDEM PARKING TO REDUCE BEFORE THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT FOR WHICH THE VARIANCES IS IN WHICH THE VARIANCE IS LOCATED. NO USE IS OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. COMMISSIONER, I THINK WE LOST YOUR MICROPHONE. INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE NEW CARPORT WOULD ALLOW THE PROPERTY OWNER A SAFE ALTERNATIVE TO THE PRE-EXISTING CARPORT, WHILE REDUCING CONGESTION WITHIN THE NEIGHBORHOOD. CI. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. BESIDES SETBACK, VARIANCE IS SOUGHT DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AS THERE IS NOT SUFFICIENT ROOM TO EXPAND FOR ADDITIONAL. IS THERE A SECOND? SECOND, SECOND BY COMMISSIONER KAPLAN? COMMISSIONER BARRINGTON? UH, I THINK THIS IS A REASONABLE, UH, SOLUTION TO THE ISSUE. UM, THE APPLICANT HAS A GOOD CASE FOR EXTENDING THE CARPORT, UH, TO THE FRONT OF THE HOUSE. BUT, UH, THE SIZE OF THE LOT, THE, THE CONFIGURATION, UM, OF THE DRIVEWAY IS SUCH THAT, UH, SOME VARI A VARIANCE IS NECESSARY, BUT NOT ONE INCH. COMMISSIONER KAPLAN, EXCUSE ME. WERE YOU SAYING YES TO ONE INCH OR YES. TO WHAT WERE YOU SAYING YES TO? HE WAS IN FAVOR. HE WAS IN FAVOR OF THE MOTION. AS READ. AS READ. OKAY. I'LL NOT BE IN FAVOR OF THE MOTION AS READ BECAUSE IF YOU'RE PUTTING GUTTERS ON, THAT EXTENDS IT AN EXTRA THREE INCHES, WHICH GOES ONTO YOUR NEIGHBOR'S PROPERTY, I WOULD LIKE TO SEE THE POST MOVED 15 INCHES FROM THE PROPERTY LINE TO AFFORD YOU A ONE FOOT VARIANCE WITH, WITH GUTTERS THREE INCHES FOR GUTTERS. WELL, AS A CLARIFICATION, ANYTIME YOUR, YOUR SETBACK IS WITHIN TWO FEET OF A SIDE PROPERTY LINE, ANYTHING, UH, IS, IS COUNTS TOWARDS THE, THE, UH, SETBACK. SO, UM, WHETHER SHE, SHE WOULD HAVE TO PUT THE POST AT 15 IF SHE WAS PUTTING IN GUTTERS. 'CAUSE NOTHING COULD BE CLOSER THAN 12 INCHES. I WILL AMEND IT TO SAY, I WOULD LIKE TO SEE THE VARIANCE FOR 15 INCHES FROM THE PROPERTY LINE. [02:25:01] NOT NECESSARY. WHAT, WHAT IS NECESSARY AS, AS READ? BECAUSE BASICALLY SHE HAS TO DESIGN IT SO THAT THAT'S, I'M SORRY. SO, SO THERE REALLY ISN'T AN AMENDMENT REQUIRED BECAUSE, UM, YOU KNOW, IF IF YOUR GOAL IS TO HAVE THE GUTTERS AT 12 INCHES, THEN THE STRUCTURAL HAS TO BE DESIGNED SO IT DOES SUPPORT THE GUTTERS AT 12 INCHES REGARDLESS OF WHERE THEY PUT THE POLES. NO, THE, THE, THE POLES CAN, MAYBE THEY COME UP WITH A WAY WHERE THE GUTTERS ARE THE, ARE THE, UH, THE POLES ARE THE GUTTERS. I DON'T, I DON'T KNOW. BUT, BUT TO THE POINT, YOU KNOW, BASICALLY WE'RE DESIGNING A LINE THAT'S 12 INCHES AND HOWEVER SHE GETS THERE, SHE GETS THERE. AND SO WHERE THE POLES SIT IS, IS, YOU KNOW, HAS TO BE WITHIN, WITHIN THAT 12 INCHES, INCLUDING THE GUTTERS. SO, SO IT'S NOT NECESSARY TO SPECIFY WHERE THE POLES ARE. IT'S NECESSARY TO SPECIFY WHERE THE LINE IS. I SEE. OKAY. THEN I WILL ACCEPT THAT 12 INCHES. AND THAT WILL INCLUDE THE GUTTERS. YES. UH, IF THERE ANY OTHER COMMISSIONERS I'D TO ADD A HEARING NOW HAVE A ROLL CALL. VOTE. WAIT, WAIT A MINUTE. DO WE HAVE TO DO AMENDED COMMISSIONER BARRINGTON? I CONCUR WITH THOSE FINDINGS. COMMISSIONER KAPLAN? COMMISSIONER KAPLAN? UH, I DO NOT CONCUR WITH THE EXISTING MOTION. OKAY, COMMISSIONER BANES, I CONCUR WITH THE FINDINGS AND FACTS. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER MANA? I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER AVIVE? I CONCUR. COMMISSIONER BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER ZUNA? YES, I CONCUR. COMMISSIONER EZ. I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 10 TO ONE, UH, ITEM SEVEN. SO ANYTIME WE DO HEARING VARIANCE, IT'S LESS THAN TWO FEET. MM-HMM. , WE'RE GIVING HER 12 INCHES. MM-HMM. NOTHING CAN BE WITHIN 12 INCHES. NO, BUT I THINK WE WERE GIVING HER ONE INCH IN THIS VARIANCE. WE'RE GIVING HER YOU SAID AS RED, YOU OKAY, I WAS CONFUSED. OKAY, FINE. I WOULD'VE GIVEN ITEM SEVEN, . UH, ALFONSO CAMACHO, A SENIOR PLANNER. UH, THIS IS FOR ITEM BO OA DASH 24 DASH 0 3 0 0 1 3. THE PROPERTY ADDRESS IS 1713 TEXAS AVENUE COUNCIL. DISTRICT SEVEN. THE APPLICANT IS, UH, MARIA DEL ROSARIO. THE REQUEST IS FOR, UH, WINDOW CONFIGURATION VARIANCE FROM THE NCD EIGHT WINDOW CONFIGURATION STANDARDS. AND ALSO A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SETBACK TO ALLOW A SIDE SETBACK TO BE TWO FEET TO INCLUDE A ONE FOOT OVERHANG. THE ZONING FOR THE PROPERTIES ARE FOUR, WHICH INCLUDES NCD EIGHT. OKAY. THE PROPERTY IS LOCATED JUST WEST OF WESTWOOD, OH, SORRY, WOODLAWN LAKE AND IS IN THE WOODLAWN LAKE AREA NEIGHBORHOOD CONSERVATION DISTRICT. THE APPLICANT STARTED RE RENOVATIONS OF THE, ON THE SUBJECT PROPERTY WITHOUT PERMITS. THE SUBJECT PROPERTY ALTERED A FRONT WINDOW, WHICH, WHICH CAUSED IT TO BE OUT OF COMPLIANCE OF THE WOODLAWN LAKE AREA. NEIGHBORHOOD CONSERVATION DISTRICT DESIGNED STANDARDS UPON STAFF SITE VISIT IN ADDITION OF A PORCH WAS OBSERVED THAT MEASURED TWO FEET, UH, FROM THE SIDE PROPERTY LINE, INCLUDING A ONE FOOT OVERHANG. UH, AGAIN, FROM THE SIDE PROPERTY LINE, THE ADDITION IS IN LINE WITH THE EXISTING HOUSE STRUCTURE. OKAY. UM, SO THE FIR ITEM NUMBER ONE, UH, WOULD BE THE WINDOW CONFIGURATION VARIANCE, WHICH IS, UH, LOCATED ON THE RIGHT PORTION. UM, THE, THE NEW WINDOW IS NOT AT A TWO TO ONE RATIO PER THE NCD DASH EIGHT GUIDELINES. UM, THE, ON THE LEFT HAND SIDE, YOU'LL SEE THE, UM, SETBACK, UH, THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT STEPBACK TO ALLOW, UH, FOR THE, UH, OVERHANG. IT'S, UH, LIKE A PORCH, UM, PATIO COVER. HERE'S AN IMAGE OF THE SUBJECT PROPERTY, UH, THIS IMAGE OF, UH, NEIGHBORING PROPERTIES. THANK YOU. YEP, CONTINUE. OKAY. OKAY. THEREFORE, STAFF RECOMMENDS, UH, APPROVAL AND BOA UH, DASH 24 DASH 1 0 3 0 0 0 1 3 BASED ON THE FOLLOWING FINDINGS OF FACT, THIS DISTANCE IS SUITABLE AS IT DOES NOT IMPOSE ON THE [02:30:01] PUBLIC INTEREST OF THE ADJACENT NEIGHBOR BY BEING TOO CLOSE TO THE SHARED PROPERTY LINE AND WATER RUNOFF ISSUES MAY BE MINIMAL. AND THIS IS FOR THE SIDE SETBACK. NEXT ONE. AND AS IN REGARDS TO THE WINDOW, UM, STAFF RECOMMENDS DENIAL, UH, BASED, UH, IN BO OA DASH 24 DASH 0 3 0 1 3. BASED ON THE FOLLOWING FINDINGS OF FACT, THE WINDOW WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND NO SIMILAR WINDOWS WERE SEEN IN THE VICINITY. OKAY. UH, FOR THIS ITEM, 23 NOTICES WERE MAILED. ONE IN FAVOR, I MEAN ZERO IN FAVOR, ZERO IN OPPOSITION. AND THE WOODLAWN LAKE, UH, NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION. AND THAT CONCLUDES, UH, STAFF PRESENTATION. AND THE APPLICANT IS ALSO HERE FOR QUESTIONS. MAN, I SAID THE A DID WE HAVE THE LETTER FROM THE, UH, NEIGHBORHOOD ASSOCIATION WITH REGARDS TO, I GUESS THERE'S TWO POINTS BEING BROUGHT UP HERE. WERE THE OPPOSITION OF BOTH. YES. 13. WELL, LET'S HAVE THE APPLICANT COME FORWARD AND, WELL, I HAD A QUESTION FOR, AND YOU CAN WE'LL, WE'LL JUST, WE'RE GONNA DO ALL THESE QUESTIONS AFTER THE APPLICANT SPEAKS. SO LET'S PLEASE TELL US YOUR NAME. UH, MARIA ATA RAMIREZ. THAT'S OKAY. MM-HMM. MARIA RAMIREZ. SO MY NAME IS MARIA COSTA RAMIREZ, AND I'M HERE TO GET SOME TYPE OF, UH, PERMISSION FROM, UH, FROM THE BOARD ABOUT THE WINDOW. OKAY. UH, IS THERE ANY, UH, ANYTHING YOU'D LIKE TO TELL US ABOUT YOUR DESIGN OR INTERACTION WITH THE NEIGHBORS ASSOCIATION? SO, I, I DIDN'T KNOW I HAD TO TALK TO, UH, THE NEIGHBORS ASSOCIATION. OKAY. IS THERE ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? OKAY. LET'S SEE IF THERE'S ANY QUESTIONS FOR STAFF COMMISSIONER ZUNA? YEAH, THE QUESTION IS, UH, WE WERE NOTICED THAT THE WORK WAS BEING DONE WITHOUT A PERMIT. WHAT WAS THE EXTENT OF THE WORK THAT WAS DONE ON THE HOUSE? THIS IS AN OLD HOUSE BUILT IN 1943. IT WAS, SO THE, THE OUTSIDE STRUCTURE IS ROTTEN. SO THE EXTENT OF THE RENOVATIONS WAS IT, I'M SORRY. DIDN'T BRING ANY PICTURE SO THAT YOU COULD SEE. OKAY. SO QUESTION FOR, FOR STAFF, IS THIS ONE OF THESE INSTANCES WHERE THEY, THEY'RE SPENDING ENOUGH MONEY WHERE IT'S FULLY REVIEWED? PARDON, HEAR YOU EXCUSE. SAY THAT ONE MORE TIME. IS THIS ONE OF THESE INSTANCES WHERE THE APPLICANT IS SPENDING, OKAY, HOLD ON. HOLD A, OKAY, LET'S HOLD ON A SECOND. UM, IS THIS ONE OF THESE INSTANCES WHERE THE APPLICANT IS DOING ENOUGH MAINTENANCE, UH, AND REPAIR WORK TO WHERE IT'S CONSIDERED LIKE BASICALLY NOT, NOT MAINTENANCE ANYMORE? IT, IT'S A REMODEL PERMIT AND IT'S GOTTA FOLLOW THE NCD GUIDELINES, SO IT'S GONNA GET A SPECIAL REVIEW REGARDLESS. OKAY. ALL RIGHT. AND, UH, IS THERE, AS FAR AS WHAT THEY'RE ASKING FOR, FOR REMODELING, IS IT, IS A STRUCTURE KEEPING THE SAME FOOTPRINT? IS IT JUST REPAIRING THE OUTSIDE? AND I BELIEVE SHE CLOSED IN THE, THE, UM, THE PATIO A LITTLE BIT TO THE FRONT AND, CORRECT. SO THE PATIO IN THE FRONT IS NEW. IT, IT EXTENDS OUT, WHICH IS THE REASON FOR THE, SO THERE'S A, A PATIO ADDITION, AN ENCLOSURE OF AN, OF A PREVIOUSLY COVERED AREA AND, AND THEN REPLACING OF SOME ROTTED WOOD. AND THEN THE WINDOW, THEY CHANGED OUT THE WINDOWS, THE WINDOW. IS IT, DID IT, IS IT BIGGER, SMALLER THAN WHAT IT WAS BEFORE? WAS THERE NO WINDOW BEFORE? THERE WAS, I DON'T THINK THERE WAS A WINDOW BEFORE. UH, WE COULD PULL UP SOME GOOGLE IMAGING. YEAH, THERE, THERE WAS A WINDOW, BUT IT WAS WITHIN THE NCD GUIDELINES. OKAY. ALL RIGHT. SO IS THERE ANY QUESTIONS, ADDITIONAL QUESTIONS? UH, JUST CHAPLAIN AND JUST TO, I'M SORRY, JUST TO CLARIFY, WE DID INFORM IN THE BEGINNING OF EVERY CASE THAT WE GET TO THE NA ASSOCIATED NEIGHBORHOOD ASSOCIATION AND THEN WE ALSO TELL THE APPLICANT WE SUGGEST TO REACH OUT TO THE PROPERTY OWNERS. THAT'S A STANDARD THING THAT WE DO TO ALL THE APPLICANTS. ALRIGHT, THANK YOU COMMISSIONER KAPLAN. OKAY, SO YOU'RE LOOKING FOR TWO [02:35:01] FOOT VARIANCE FOR THE SIDE SETBACK. AND YOU ALSO SAID THAT THE PORCH WAS BUILT TO BE, UH, UH, WHAT DO YOU CALL TO THE HOUSE? UH, FLAT TO THE HOUSE. SO IS THE HOUSE, DOES THE HOUSE THEN ALSO, IS THAT ALSO LIKE ONLY THREE FEET FROM THE PROPERTY LINE? MM-HMM, . OKAY. JUST, JUST WANNA VERIFY THAT. I KNOW IT SOUNDS, IT SOUNDS OBVIOUS, BUT, ALRIGHT. AND THEN YOU DON'T NEED A, UM, YOU DON'T NEED ANY KIND OF VARIANCE BECAUSE THE HOUSE WAS EXISTING, EVEN THOUGH THERE'S MAJOR WORK BEING DONE TO THE HOUSE. WHEN, WHEN YOU RENOVATE MORE THAN 50%, DON'T YOU THEN HAVE TO BE CURRENT WITH BUILDING, UH, GUIDELINES, BUILDING CODES? UH, I, I'M NOT SURE IF SHE HAS TO GET A FULL PERMIT. MY QUESTION IS, IF YOU HAVE TO BE, IF YOU RENOVATE MORE THAN 50%, YOU HAVE TO BE WITH BUILD IT, YOU HAVE TO BE CURRENT WITH BUILDING CODES. AND IS THE TWO FOOT VARIANCE APPLICABLE TO THE HOUSE IF THEY'RE DOING THIS MUCH RENOVATION? THAT'S THE QUESTION. WELL, THE, THE, THE PATIO, THE TWO FOOT SETBACK IS AN ADDITION. IT'S NOT A RENOVATION. THE, THE WINDOW, I GUESS THAT CAN BE CONSIDERED A RENOVATION BECAUSE IT WAS STILL WITHIN THE, UH, PATIO, THE EXISTING STRUCTURE. YEAH, THAT'S WHAT I WAS TRYING TO GET AT BEFORE, IS THAT THERE, THEY'RE NOT, THERE'S NOTHING HERE THAT'S TRIGGERING ANY SETBACK REVIEW OF THE EXISTING HOME. OUT OF THE EXISTING HOME. THE SETBACK VARIANCE IS FOR JUST THE ADDITION TO THE FRONT PATIO THAT THEY DID. ALRIGHT, THANK YOU. SO WE HAVE, WE HAVE AN ISSUE OF A, OF A, IS THERE ANY COMMISSIONER QUESTIONS FOR THE APPLICANT OR STAFF REGARDING THE SETBACK OR THE WINDOW? MANA COMMISSIONER MANA. SO WELL, OKAY, SO NO ON THAT QUESTION, BUT I DO HAVE A QUESTION. SO THE QUESTION IS, YOU KNOW, THAT WE STOPPED THE RENOVATION LOOKS LIKE HALFWAY THROUGH, AND SO FOR THE REST OF THE RENOVATION THEY'LL HAVE TO COMPLY WITH THE NCD STANDARDS. CORRECT. SO, SO THE SIDING THAT'S MISSING ON THE ONE SIDE, SO THEY'LL HAVE TO COMPLY AND ANY OTHER CHANGES? CORRECT. UM, SO ANYTHING HAS TO BE WITHIN THE NCD STANDARDS. UM, HOWEVER, THIS IS THE ONLY THING THAT WE SAW THAT REQUIRED THE, UH, NCD VARIANCE. OKAY. UM, I HAVE A QUESTION ABOUT THE WINDOW. IS THE TWO TO ONE RATIO ON THE GLASS OR DOES IT INCLUDE ANY OF THE, UH, EXTERIOR TRIM? NO, IT'S JUST THE WINDOW. IT'S THE WINDOW FRAME? YEAH. MM-HMM, . OKAY. THANK YOU. ALL RIGHT. IF THERE'S NOTHING ELSE, UH, AND COULD, COULD YOU BRING UP THE NOTICE AGAIN? I I DIDN'T GET A CHANCE TO READ IT. YEAH, LET'S FROM, AND THEN WE'LL PUT THE NOTICE UP AND THERE WERE RE THEY WERE IN DENIAL OF BOTH REQUESTS. SO STAFF IS, STAFF IS RECOMMENDING SUPPORT FOR THE SETBACK, BUT DENIAL FOR THE WINDOW. THE NEIGHBORHOOD ASSOCIATION IS RECOMMENDING DENIAL FOR BOTH REQUESTS. UM, WITH THAT, IS THERE ANYTHING YOU WOULD LIKE US TO KNOW? ANYTHING YOU WANTED TO TELL US BEFORE WE MOVE ON TO A MOTION? AND WE DO HAVE ONE VOICEMAIL. SORRY. OKAY. SO I'M MINDFUL THAT THIS WINDOW DOESN'T LOOK LIKE THE OLD, THE OTHER ONE, BUT THE OTHER ONE. IT WAS AN OLD WINDOW. I DON'T HAVE, I DON'T HAVE THE WAY TO GET AN EXACT WINDOW LIKE THAT. I HAVE TO GET A, A NEW WINDOW THAT WILL BE OF A DIFFERENT TYPE. AND SO, AND THE ISSUE WITH THE WINDOW IS NOT THAT IT LOOKS LIKE THE OLD ONE OR THE SAME SIZE, IT HAS TO BE A TWO TO ONE RATIO. SO WHAT, HOWEVER WIDE IT IS, IT HAS TO BE HALF AS TALL. SO SHE CAN PUT A NEW WINDOW. IT JUST HAS TO MEET THOSE PROPORTIONS. SO I, I UNDERSTAND WHAT YOU'RE SAYING. UM, I WORK IN CONSTRUCTION, SO I'M, I'M MINDFUL OF WHAT YOU'RE SAYING, BUT IT'S JUST THAT, UH, WHAT YOU'RE, THE TYPE, THE TYPE OF WINDOW YOU'RE DESCRIBING WOULD BE VERY EXPENSIVE. OKAY. ALL RIGHT. WELL, UM, LET'S HEAR THE VOICEMAIL. MR. JAY, MORALE PRESIDENT OF THE WOODLAND LAKE COMMUNITY ASSOCIATION. WE ARE CALLING REGARDING ITEM AGENDA NUMBER SEVEN, LOCATED AT 1 7 1 3 TEXAS AVENUE. THE WOODALL LAKE ASSOCIATION SUPPORTS STAFF'S RECOMMENDATION FOR DENIAL OF THE TWO VARIANCE REQUESTS FOR 1713 TEXAS AVENUE. THE WOODALL LAKE DE CONSERVATION DISTRICT WAS CREATED TO PROVIDE DESIGN STANDARDS ADOPTED BY CITY COUNCIL IN ORDER TO PROMOTE [02:40:01] EXISTING DEVELOPMENT PATTERN AND ARCHITECTURAL DIVERSITY OF OUR NEIGHBORHOOD. WE KNOW THE APPLICANT HAS ENCLOSED ORIGINAL FRONT PORCH WITHOUT VARIANCE. AS LONG LAKE AND CITY STATES EXISTING FRONT PORCHES SHALL NOT BE REDUCED IN SIZE. ALSO, IS THE APPLICANT EXCEEDING THE FRONT YARD IMPERVIOUS COVER PERCENTAGE LIMITED WITH THE NEW CONSTRUCTION OF THE HOME'S FRONT PORCH AND DOES THE FRONT PORCH AND DOES NOT MEET THE FRONT PORCH STANDARDS SET BY THE NCD SETBACK GUIDELINES. FURTHER VERIFICATION IS INCOMPLETE AND DOES NOT ADDRESS ALL CONDITIONS OF WORK DONE WITHOUT PERMITS. PLEASE OPPOSE THE INTEGRITY OF THE WALL, LAKE AND CD. THANK YOU FOR YOUR TIME. THOSE ARE ALL THE PUBLIC COMMENTS. ALRIGHT, THIS IS SO MANNA COMMISSIONER MANNA. SO A QUESTION THERE. SO, UM, THE, UM, PERSON WHO SPEAK ON THE PHONE MENTIONED SOMETHING ABOUT THE FRONT COVERAGE, IMPERIOUSNESS AND NCD. IT DOES THAT NOT ALSO UNDER REVIEW THEN. UH, SO A PORCH WOULD NOT GO, UM, TOWARDS THE IMPERVIOUS COVER. IT'S, IT WOULD BE DRIVEWAYS AND, OKAY. THANK YOU. ALRIGHT. UH, COMMISSIONER KAPLAN, I KNOW THIS IS NOT PART OF THIS, BUT IS THERE AN ISSUE ABOUT 50% OF THE FRONT YARD BEING COVERED? UH, IMPERMEABLE COVER FOR THE, THIS IS FOR THE DISTRICT. IS THERE AN ISSUE ABOUT 50% OF THE FRONT YARD BEING IMPERMEABLE COVER WITH THIS FRONT PORCH? NO. SO ONCE THEY EXTEND THE HOUSE WITH THE PORCH, THAT PORCH DOES NOT BECOME THE CALCULATION OF THE IMPERVIOUS COVER. OKAY. SO THAT'S NOT AN ISSUE. IT IS NOT AN ISSUE. OKAY. ALRIGHT. WITH THAT, I'M LOOKING FOR A MOTION. I JUST HAVE A, A QUICK COMMENT. BONS YES. COMMISSIONER OR THE APPLICANT JU JUST SO SHE UNDERSTANDS, UM, YOU KNOW, YOU PUT THE WINDOW HORIZONTAL SO IT'S SO WIDE THAT IT HAS TO BE SO TALL TO MATCH UP. UM, SO PRETTY MUCH IF YOU PUT LIKE A WINDOW IN 36 INCHES BY 72 IT, IT WOULD, IT WOULD WORK. IS THAT RIGHT STEPH? IF SHE PUT LIKE A THREE FOOT BY BY SIX FOOT WINDOW, IT, IT HAS TO LOOK JUST LIKE THE ONES ON THE OPPOSITE SIDE, WHICH YES, I BELIEVE THAT THOSE DIMENSIONS WOULD BE WHAT YOU'RE AC ACCURATE. SO, SO REALLY, I MEAN YOU COULD, YOU COULD PROBABLY PULL ONE OF THESE WINDOWS OUT OF A BOX STORE, HOME DEPOT, LOWE'S, THAT'LL MATCH THOSE MEASUREMENTS THAT NEED THAT WE NEED FOR THIS. UM, AND YOU JUST TAKE THAT OLD ONE OUT, YOU REFRAME IT. SO IT'S, SO IT'S JUST LIKE YOUR OTHER WINDOWS. AND I DO, I'M IN CONSTRUCTION TOO, SO I KNOW THOSE WINDOWS AREN'T SUPER EXPENSIVE, YOU KNOW, SO IT, THAT WOULD, THAT WOULD FIX IT. SO I, I GOT THE, I I GOT THE WINDOW THAT, THAT I COULD AFFORD. OKAY. UH, ANY OTHER QUESTIONS? ANYONE ELSE? NO, I'M LOOKING FOR A MOTION. OKAY. UM, I'LL READ IT IF NO ONE ELSE WANTS TO. . OKAY. SO REGARDING CASE, UH, NUMBER BO OH EIGHT DASH 24 DASH 1 0 3 0 0 0 1 3, I MOVE THAT THE BOARD OF ADJUSTMENT GRANDER REQUEST FOR ONE A WINDOW CONFIGURATION VARIANCE. UH, ACTUALLY I'M NOT GOING TO READ ITEM ONE. I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED A REQUEST FOR A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A SIDE SETBACK TO BE TWO FEET TO INCLUDE UH, A ONE FOOT OVERHANG SITUATED AT 1713 TEXAS AVENUE APPLICANT BEING MARIA DEL ROSARIO. BECAUSE THE TESTIMONY PRESENTED 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, UH, 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 DISTANCE BETWEEN BOTH PROPERTIES IS REASONABLE AND MAY NOT CAUSE WATER RUNOFF ISSUES. THE WINDOW DESIGN DOES NOT GO AGAINST THE PUBLIC INTEREST AS THE NEW DESIGN IS SUBTLE DUE TO THE SPECIAL DUE TO SPECIAL CONDITIONS. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE PROPOSED REDUCED SETBACK SPACE IS SUFFICIENT TO NEIGHBORING PROPERTY. THE NEW WINDOW THAT IS CURRENTLY INSTALLED ALTARS FROM THE DESIGN STANDARDS IN THE NEIGHBORHOOD REMOVAL TO CONVERT BACK TO THE PREVIOUS DESIGN RESULT IN AN UNNECESSARY HARDSHIP. THREE, BY GRANTING THE VARIANCE OF SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND THE SUBSTANTIAL JUSTICE WILL BE DONE. THE ADDITION THAT IS CURRENTLY IN PLACE IS IN LINE WITH THE EXISTING STRUCTURE. IF GRANTED THE STRUCTURE WOULD BE TWO FEET WITH ONE FOOT OF OVERHANG FROM THE NEIGHBORING PROPERTY, WHICH IS UNLIKELY TO INJURE THE APPROPRIATE USE OF THE ADJACENT PROPERTY. ADDITIONALLY, THE CURRENT WINDOW DESIGN IS UNLIKELY TO INJURE THE SURROUNDING 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 [02:45:01] THAN THOSE USES ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE DISTANCE OF THE ADDITION IS IN LINE WITH THE EXISTING STRUCTURE. THIS DOES NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THE CURRENT WINDOW THAT IS IN PLACE IS UNAL. I'M NOT GONNA READ THE LAST SENTENCE. UH, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY, ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FOUND UNIQUE CIRCUMSTANCES ON THE SUBJECT PROPERTY THAT WOULD WARRANT THE NEED FOR A REDUCED SIDE SETBACK SUCH AS THE ADDITION BEING IN LINE OF THE EXISTING STRUCTURE. END OF MOTION. UH, AND I'D ALSO LIKE TO CLARIFY, UH, THAT THE MOTION IS IS ON THE WEST SIDE FOR THE SETBACK, CORRECT? MM-HMM, . OKAY. IT'S LIMITED TO THE WEST SIDE. THAT'S CORRECT. LIMITED TO THE WEST SIDE OF THE STRUCTURE. SECOND THERE A SECOND BY COMMISSIONER BRAGMAN. UH, I'LL BE IN SUPPORT AS READ. I DIDN'T HAVE AN ISSUE WITH THE SETBACK 'CAUSE IT'S IN LINE WITH THE EXISTING STRUCTURE. UM, BUT I'M GONNA AGREE WITH THE NEIGHBORHOOD ASSOCIATION AND STAFF REGARDING THE WINDOW COMMISSIONER BRAGMAN. UM, I AGREE WITH MY COLLEAGUE. I, UH, WILL BE IN SUPPORT OF THE MOTION AS READ. ANY OTHER COMMISSIONS LIKE TO ADD THE DISCUSSION. COMMISSIONER BAILEY? YEAH, I WOULD SUGGEST A FRIENDLY AMENDMENT. IF YOU'RE ELIMINATING THE VARIANCE FOR THE WINDOW, UH, THEN YOU PROBABLY WANT TO DELETE THE SECOND SENTENCE UNDER NUMBER TWO, WHICH YOU DID READ INTO THE RECORD. YOU ARE CORRECT AND I HEREBY DELETE THAT SECOND SENTENCE. IS THAT ACCEPTED? COMMISSIONER BRAGMAN? YES. THAT WAS A GOOD CATCH. THANK YOU VERY MUCH. UM, LET'S HAVE A ROLL CALL. VOTE PLEASE. CHAIR ORIAN. UH, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BURTON. I CONCUR. COMMISSIONER EZ. I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER KAPLAN? I CONCUR. COMMISSIONER MANA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER UNA? YES, I CONCUR WITH THE AMENDED MOTION. COMMISSIONER EZ. I CONCUR. ALRIGHT, MOTION PASSES. 10 TO ONE. UH, IF YOU HAVE ANY QUESTIONS, PLEASE GET WITH STAFF. THEY'LL BE HAPPY TO EXPLAIN WHAT JUST, WHAT JUST HAPPENED AND WHAT TO DO FROM NOW FROM MOVING FORWARD. ALL RIGHT. ITEM NUMBER EIGHT. ALL RIGHT, MELANIE CLARK, UH, ZONING PLANNER. UM, WE'RE DOING ITEM NUMBER EIGHT. OKAY. UM, WHICH WILL BE BO OA 2 24 DASH 1 0 3 0 0 0 1 6. ADDRESS BEING 29 0 7 DEER LEDGE DRIVE. UH, COUNCIL DISTRICT ONE APPLICANT IS GONNA BE A ONE ENGINEERING THAT IS AN LLC. UM, THE REQUEST IS FOR A THREE FOOT SIX INCH SPECIAL EXEMPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT TO ALLOW A SIX FOOT SIX INCH PRIVACY FENCE EAST OF THE PROPERTY. UH, FRONT PROPERTY LINE. THE ZONING IS R FIVE. THE SUBJECT PROPERTY IS LOCATED ON DEER LEDGE DRIVE. THE PROPERTY OWNER IS INSTALLED THE FENCE FOR FUTURE USE AS A TRELLIS TO CREATE FURTHER SEPARATION AND PRIVACY FROM NEIGHBORING PROPERTY. CODE ENFORCEMENT INITIATED AN INVESTIGATION ON NOVEMBER 28TH, 2023 FOR BUILDING WITHOUT A PERMIT DUE TO THE PRIVACY FENCE EAST OF THE PROPERTY LINE, EXCEEDING THE HEIGHT MAXIMUM, UH, ALLOWANCE OF THREE FOOT FROM THE FRONT YARD FENCE. THE PROPERTY WAS REINSPECTED BY CODE ENFORCEMENT ON JANUARY 30TH, 2024 WITH NO FURTHER ACTION BEING MADE BY THE PROPERTY OWNERS. THE APPLICANT, A ONE ENGINEERING LLC IS REQUESTING ON BEHALF OF THE PROPERTY OWNERS, A THREE FOOT SIX INCH SPECIAL EXEMPTION FROM THE MAXIMUM SIX FOOT OR THREE FOOT FENCE HEIGHT TO ALLOW A SIX FOOT, SIX INCH PRIVACY FENCE TO REMAIN EAST OF THE FRONT PROPERTY LINE. THIS IS THE SITE PLAN, UH, AREA HIGHLIGHTED IN YELLOW IS CURRENTLY WHERE THE FENCE IS LOCATED. AND THIS PHOTO, IF YOU TAKE A LOOK, IT'S GONNA BE THAT DARK FENCE. UM, OFF TO THIS SIDE FOR THE FRONT VIEW OF THE PROPERTY, THIS IS A CLOSER VIEW OF IT. THIS SHOWS THE ENDING FROM WHERE IT'S AT AS A, UH, IN, IN RELATION TO THE STREET. THIS ALSO SHOWS THE NEIGHBORING PROPERTY ABUTTED AGAINST THEIR PROPERTY. THE SAME FENCE [02:50:01] STYLE. AND THIS IS SURROUNDING AREA STAFF RECOMMENDATION, FENCE HEIGHT, SPECIAL EXEMPTIONS. STAFF RECOMMENDS DENIAL MBOA 24 DASH 1 0 3 0 0 0 1 16 BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUEST WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS NO OTHER PROPERTIES IN THE IMMEDIATE AREA HAVE FENCES EXCEEDING, EXCEEDING THE REGULATION OF THE UH, UDC IN HEIGHT AND PRIVACY. AND TWO, THE REQUEST WILL INJURE THE APPROPRIATE USE OF THE SURROUNDING PROPERTIES. STAFF MAILED 27 NOTICES. I HAD TWO IN FAVOR, TWO IN OPPOSITION. AND THE CARRINGTON PLACE NEIGHBORHOOD ASSOCIATION DID NOT WISH TO COMMENT. THEY DID, THEY DID RESPOND. THEY JUST ARE NEUTRAL IN THE PROCESS. OKAY. UM, BRAGMAN COMMISSIONER BRACKMAN, I JUST HAVE A QUESTION 'CAUSE IT APPEARS THAT THE IMMEDIATE NEIGHBOR TO THE EAST, THAT THEIR FENCE IS THE SAME HEIGHT AS THIS PROPOSED FENCE AND IT'S AS FAR FORWARD. SO DID THEY GET A SPECIAL EXCEPTION? NO. BUT YOU PROBABLY WILL BE SEEING THEM SOMETIME IN THE FUTURE. YES, BECAUSE CODE MM-HMM, BECAUSE OF THE CODE. IT'S DEFINITELY WHY I HIGHLIGHTED THAT PHOTO. IN THERE. YEAH. OKAY. UM, LET'S HAVE THE APPLICANT COME FORWARD PLEASE. OKAY, . GOOD AFTERNOON, COMMISSIONERS. MY NAME IS MOSES CRUZ. I AM TODAY BY MY BEAUTIFUL WIFE, JUDY CRUZ. UH, YES. THE APPLICATION IS, IS ON BEHALF OF A ONE ENGINEERING. I DO, MY WIFE AND I OWN THIS PROPERTY AS WELL. SO A ONE ENGINEERING WE OWN AND OPERATE A ONE ENGINEERING ON A DAILY BASIS, RIGHT? SO WE LIVE THIS, WE LIVE HERE WITH OUR THREE KIDS AND I DID HAVE SOME SLIDES THAT I DID PRES, UH, PREPARE FOR TODAY. WE MOVED HERE ABOUT, UH, 14 YEARS AGO, 13 YEARS AGO OR SO. UH, WE, WE BOUGHT THIS PROPERTY WITH THE INTENT OF LIVING HERE FOREVER. AND WE LOVE OUR NEIGHBORHOOD. JUST TO REORIENTATE YOU OF WHERE WE ARE. IF WE CAN START ON THE NEXT SLIDE, PLEASE, FOR THE SAKE OF ORIENTATION, OUR NEIGHBORS TO THE LEFT AT 29 11 AND US, WE'RE NOT ON TALKING TERMS. OKAY. . YEAH. IT'S NOT A VIOLENT TYPE, RIGHT? WE HAVEN'T HAD THAT DEGREE OF INCIDENTS WHERE WE NEED TO GET PHYSICAL. WHAT IT IS, TRUTHFULLY, IT'S A CONFRONTATION OF JUST TWO NEIGHBORS THAT REALLY JUST DON'T GET ALONG. WE JUST, WE CAN'T COMMUNICATE. AND SO WE HAVE KIDS. MY 12-YEAR-OLD IS A SOCCER PLAYER WHO PLAYS MIDDLE SCHOOL SOCCER AND CLUB. AND I'M IN THE MIDDLE OF A NEIGHBORHOOD. I DON'T HAVE A SOCCER FIELD TO TAKE 'EM TO. SO WHAT DO WE DO? WE KICK THE BALL IN THE FRONT YARD, RIGHT? AND SO ON MY LEFT SIDE WHERE I HAVE ADDITIONAL PARKING, BECAUSE WE DO HAVE GROWING KIDS, WE, I BUILT A FENCE TO TRY. REALLY, IT WAS MORE OF A SCREEN TO TRY TO REDUCE THE POTENTIAL FOR THE CONFLICT. AND IF WE GO TO THE NEXT SLIDE, I'LL SHOW, I'LL EXPLAIN. THIS IS WHAT OUR SCREEN LOOKED LIKE. NOW MIND YOU, MY SCREEN TOOK OVER THREE YEARS TO CONSTRUCT, NOT BECAUSE OF THIS, BUT BECAUSE I HAD TO SATISFY HER ARCHITECTURAL CRITERIA. BECAUSE INITIALLY I DID NOT HAVE THIS PRETTY ONE, I HAD FOUR POSTS AND I WAS, I LOVE PLANTS. SO I WANTED TO GROW CUCUMBERS AND EVERYTHING THAT I CAN GROW BECAUSE OF ALL MY TREES. WELL THAT'S GREAT. I ENDED UP PUTTING UP A LATTICE AND I SAID I'M GONNA GROW VINES ON IT TO TRY TO PREVENT THE BALL FROM GOING TO MY NEIGHBORS, RIGHT? BUT I GOTTA, I UNDERSTAND I'M AN ENGINEER. I UNDERSTAND THE REQUIREMENTS. I GOTTA HAVE SEED THROUGH. I GOTTA PROVIDE THAT KIND OF REQUIREMENT. I UNDERSTOOD THE OLDER CODE WHERE I CAN DO A FENCE, I COULD DO A FENCE, UH, A SCREEN PER SE, LIKE A TRELLIS. AND UNFORTUNATELY, I HA WAS NOT UP TO DATE ON THE FENCE REQUIREMENT. AND THAT IS MY FAILURE, RIGHT? SO WE WENT THROUGH THE PROPER PROCESS OF APPLYING FOR THE PERMIT AND GOING TO THE VARIANCES. SO THIS IS WHAT IT LOOKED LIKE WHEN WE HAD FINISHED OUR INTENT WAS TO CREATE SOMETHING THAT WAS ARCHITECTURALLY APPEALING, THAT WAS IMPORTANT FOR US. BUT WE WANTED TO PA BE ABLE TO PROVIDE A BARRIER BETWEEN US AND OUR NEIGHBORS SO THAT WE DON'T INSTIGATE SOMETHING BETWEEN THEM. NEXT PICTURE. NOW, I'M SORRY. CAN WE GO BACK TO THE NEXT PREVIOUS SLIDES? SUPER, SUPER, SUPER DU DUPER IMPORTANT. PRIVACY IS HUGE FOR US, RIGHT? EVEN THOUGH YES, WE'RE IN FRONT. I'LL EXPLAIN WHY PRIVACY IS REALLY, IM I IMPORTANT FOR US. BUT I WANT YOU TO REMEMBER THIS PICTURE 'CAUSE I'M GOING TO PRESENT THIS PICTURE LATER ON. NEXT SLIDE PLEASE. HERE'S WHAT OUR INTENT OF THIS SCREEN TO DO. NUMBER ONE, REDUCE THE POTENTIAL FOR A BUDDY NEIGHBORS TO VIDEO RECORD MY MINORS. YES. THAT IS AN IMPORTANT, I'LL, I'LL SHOW EVIDENCE OF [02:55:01] THAT. I WANNA REDUCE THE POTENTIAL FOR MY NEIGHBORS TO VANDALIZE MY PROPERTY. I'LL, I'LL SHOW YOU WHAT HAPPENS WITH THAT. IT'S, IT'S AMAZING HOW MY LITTLE FENCE WILL DO THAT. AND I WANNA REDUCE THE POTENTIAL FOR THE HARASSMENT. THE NAME CALLING THE CAT, CALLING MY WIFE. I HAVE A 14-YEAR-OLD GIRL. NEXT SLIDE PLEASE. NEXT SLIDE PLEASE. I'M GONNA DRAW YOUR ATTENTION TO TWO CAMERAS THAT ARE POINTING AT MY HOUSE, OKAY? IT IS VERY UNCOMFORTABLE AS A DAD. THIS HAS NOTHING TO DO WITH ENGINEERING. IT HAS NOTHING TO DO WITH CODE AS A DAD. OKAY? SO I CANNOT PUT A FENCE TALL ENOUGH TO KEEP SOMEONE FROM, FROM WATCHING THIS. I CAN'T. I KNOW WHAT MY REGULATION IS, SO I PUT THE BEST THAT I CAN AT BEST THING I CAN BUY. RIGHT? NEXT PAGE PLEASE. THE ARROWS SHOW YOU THE DIRECTION OF THEIR CAMERAS. WHAT ARE THEY STARING AT MY CARS, RIGHT? AND SO IT BECOMES A REAL INDICATION FOR US AS TO, AS TO WHERE DOES THE HARASSMENT, HOW IS IT THAT EVERY SINGLE TIME WE GO OUT TO PLAY, EVERY SINGLE TIME I GO OUT TO MOW THE LAWN, THEY COME OUT AND THEY'RE, AND THEY'RE WITH US ALMOST THE ENTIRE TIME. AND SO IT MAKES IT REALLY UNCOMFORTABLE FOR US. NEXT SLIDE, PLEASE. THIS IS WHAT WE LOOKED AT. AND I'M SORRY THAT I DIDN'T HAVE ENOUGH TIME. THIS WAS IN MARCH. THIS IS WHAT MY YARD LOOKS LIKE, LOOKED LIKE. BEFORE WE DID ANYTHING, YOU'LL SEE THE, THE NCE OF, OF POSTS THERE. THOSE WERE WOOD POSTS THAT I WAS GONNA PUT LATTICE ON AND I WAS GONNA, AND I KEPT MY FENCE AT LEAST 12 TO 18 INCHES FROM THE PROPERTY LINE TO ALLOW MYSELF SOME SPACE. ONE, THEY'RE THE LEAVES THAT FALL OFF THEIR TREE ARE REALLY IMPORTANT TO THEM AND THEY HAVE TO PICK 'EM UP. SO I, I WANT TO BE SURE AND GIVE THEM ROOM TO DO THAT. SO I PUT MY FENCE OFF THE PROPERTY LINE SO THAT ANY, ANY LEAVES THAT COME OFF THEIR PROPERTY, I'LL PICK 'EM UP. THEY DON'T HAVE TO MESS WITH THEM. THEY'RE ON MY PROPERTY. YOU DON'T HAVE TO COME ON, I'LL PICK 'EM UP. THEY DECIDED TO STACK TRASH AND PUT THEIR TRASH CANS, WHICH IS OKAY. IT'S OKAY. BUT THAT'S WHAT I, THAT'S WHAT I LOOK LIKE AND THAT'S WHAT I STARE AT. NEXT SLIDE PLEASE. SO MY KIDS DECIDED THAT IN OUR LESSONS OF LIFE, MY WIFE WAS TRYING TO EXPLAIN TO THEM, WE JUST HAVE TO WORK WITH THESE FOLKS. AND MY KID, MY 10-YEAR-OLD, 8-YEAR-OLD AT THE TIME, SAID, WHY DON'T WE TELL 'EM TO JUST BE NICE AND PUT SIGNS OUT THERE? SO WE DID . OH, AND THEY, THEY GOT INTO MY PROPERTY. YOU CAN TELL SHE'S CLEARED ON MY PROPERTY. PICKED UP THE SIGN. NEXT SLIDE PLEASE. AND THERE'S MY SIGN. AND YOU NOTICE HOW IMPORTANT HER LEAVES ARE. SHE'S ON MY PROPERTY. I, I I'M, I'M TRYING TO ACCOMMODATE AND I DON'T CARE, RIGHT? I'M, I'M, I DON'T EVEN PREVIOUS LIFE, PLEASE. I DON'T GO TO THAT SIDE. I, I, MY WIFE HAS BEEN ASKING ME TO RENOVATE OR IMPROVE THAT SIDE. I, I REFUSE TO AND I'LL SHOW WHY. NEXT SLIDE PLEASE. NEXT SLIDE. IT'S A BROTHER AND SISTER. THIS IS WHAT WE WERE, THIS IS WHAT WE SEE EVERY DAY. NEXT SLIDE. SO WE BUILT, WE BUILT THE SCREEN AND THEN THEY DECIDED TO BUILD A FENCE IN FRONT OF OUR SCREEN, OKAY? SO THEY CAN'T GET ENOUGH OF US. SO WITHOUT THE CAMERAS STARING OVER US. NOW THEY PEEK OVER TO SEE WHAT WE'RE DOING. YOU'LL SEE SURVEY SPIKE. YOU SEE THE SURVEY SPIKES. SO MY PROPERTY SIGN WAS TOUCHING THE FENCE THAT THEY BUILT ON THE SHARED PROPERTY LINE. MIND YOU, HALF THEIR FENCE IS ON MY PROPERTY. THEY DON'T HAVE PERMISSION TO BAIL MY PROPERTY. WE'LL TALK ABOUT THAT WHEN, WHEN THEY ASK FOR THE VARIANCE. BUT THAT PROPERTY SIGN WAS PARTIALLY TOUCHING THEIR POST. IT'S A BIG DEAL. I GOTTA GET THE SIGN OFF, OFF THEIR PROPERTY. BUT THAT'S, THAT'S WHAT THEY DO NOW BECAUSE THEY CAN'T WATCH US FROM AFAR. NEXT SLIDE PLEASE. YOU SEE THEM SITTING IN THE YARD. IT SEEMS PRETTY CASUAL, RIGHT? IT'S NOT BECAUSE THE MOMENT THAT I WALK ON THIS SIDE AND START DOING SOME KIND OF YARD WORK, THE MOMENT THAT WE START TRYING TO APPRECIATE THE LEFT SIDE, THEY WILL WALK OUT AND THEY WILL SIT ANYWHERE ON THEIR CONCRETE POWER WASH, THE CONCRETE AND NAME CALL CAC CALL WHISTLE. AND THE ONLY WAY THEY KNOW THAT WE'RE OUT THERE IS IF THEY LOOK AT THEIR CAMERAS, THOSE TWO CAMERAS THAT I SHOW YOU. THAT'S HOW THEY MONITOR US. NEXT SLIDE PLEASE. THERE'S THE CAMERAS. AND THAT'S, THAT'S, THAT'S WHAT WE SEE. HOW'S THAT? THAT'S WHAT WE SEE. I DON'T KNOW WHERE IN THE CODE I I THERE'S NO CODE VIOLATION. WE HAVE CALLED CODE ENFORCEMENT. WE HAVE CALLED SAFE OFFICERS. WE CAN'T DO ANYTHING. WE OR WE JUST CAN'T. NEXT SLIDE PLEASE. SO THE BIG DISPUTE ABOUT THE FENCE CAME UP. SO WE HIRED SURVEYORS AS A SURVEYOR. HE HAS TO JUST GO AND FIND A PEN AND PUT A STAKE. THEY WOULD, THEY PREVENTED HIM FROM DOING THAT. SO I TOLD A SURVEYOR JUST GET OFF THE PROPERTY AND I JUST HAD TO STAND THERE. IF NOT, THEY STARTED HARASSING THE SERVICE. I HAD TO JUST WAIT FOR THE OFFICER TO SHOW UP. NEXT SLIDE [03:00:01] PLEASE. THIS IS ON CHRISTMAS DAY. I'M BLOWING MY YARD ON THAT SIDE BECAUSE MY FAMILY'S COMING OVER. THEY DECIDE. AND THAT'S MY NEIGHBOR TO ALSO BLOW THE YARD TO DISTURB IT. BUT YOU NOTICE THE SPACE. THAT'S HOW MUCH SPACE IS BETWEEN MY SCREEN AND THE FENCE, THE NEW FENCE. I'M TRYING TO, AGAIN, I'M TRYING TO BE ACCOMMODATING HERE. NEXT SLIDE. SO THIS IS REALLY JUST A A MY SLIDE TO REMIND MYSELF THAT THEY OWN THE STREET AS WELL. YOU CANNOT PARK OFF THE STREET IF YOU PARK NEAR THE STREET OR, OR RIGHT NEAR THEM. YOU'LL GET, YOU'LL BE INTRODUCED BY BLOWERS AND SPRINKLERS OR WORDS. NEXT SLIDE PLEASE. NEXT SLIDE PLEASE. AGAIN, PETTINESS. NEXT SLIDE PLEASE. THIS IS THEM RECORDING ME MOWING MY YARD. THIS IS, THIS IS NEXT SLIDE, PLEASE. THIS IS THE OTHER ONE NOW RECORDING ME, MOWING MY YARD. NEXT SLIDE PLEASE. THIS IS THE DIFFERENCE BETWEEN MY CONSTRUCTION AND THEIR CONSTRUCTION. IT STOPS BEFORE THE RIGHT OF WAY. IT'S AWAY FROM THE PROPERTY LINE. PRETTY ACCOMMODATING FOR JUST MY TRASH. JUST STAY ON MY SIDE. NEXT SLIDE PLEASE. WE HAVE, WE HAVE INVOLVED PORT POLICE OFFICERS. NEXT SLIDE PLEASE. WE HAD ANOTHER INSTANCE WHERE THEY GOT ANOTHER SIGN AND THEY TORE IT UP AND, AND THREW IT IN THE TRASH ON THAT ONE. ON THAT ONE, WE ACTUALLY FILED CRIMINAL MISCHIEF, IF I REMEMBER CORRECTLY. CRIMINAL MISCHIEF CHARGES ON THAT ONE. 'CAUSE IT, IT WAS ON THE SECOND TIME AND WE WENT ABOVE AND BEYOND THAT ONE. NEXT SLIDE PLEASE. UH, THIS IS A CODE ENFORCEMENT. UH, WE ASKED CODE ENFORCEMENT TO GO OUT THERE AND GET RID OF THOSE BLACK BAGS. YEAH, THEY, UH, BUT BECAUSE OF WHERE IT WAS ON THE PROPERTY LINE, THEY WROTE OUT THE EN THE, THE CODE ENFORCEMENT CITATION AND THEN CAME AND DROPPED IT OFF TO US. SO WE ENDED UP GETTING A CITATION ON THE, FOR THEIR TRASH. NEXT SLIDE PLEASE. NOW THIS IS MY NEIGHBORHOOD. THESE ARE MY NEIGHBORS. THERE'S UP TO EIGHT, EIGHT NEIGHBORS, RIGHT? EIGHT FAMILIES. THE CIRCLES ARE MY KIDS. WE'RE JUST TRYING TO HAVE FUN, RIGHT? AND, AND IT'S, IT'S REALLY HARD. AND, AND, AND SO THE NEIGHBORS THAT YOU'RE LOOKING AT, SUSAN MCCLURE AND THE, THE TWO, THE FAR LEFT, THE A AND M AGGIES, THAT'S SUSAN MCCLURE AND WE HAVE SOME OTHER GREAT NEIGHBORS. WE, WE CAN'T LEAVE BECAUSE OF THESE GREAT NEIGHBORS. THIS WAS JUST A COUPLE OF NIGHTS AGO. NEXT SLIDE PLEASE. THIS IS A FAMILY WHO'S ASKING YOU TO PLEASE JUST, I KNOW I CAN'T BUILD IT HIGH. AND I KNOW THEY PUT THE FENCE ALREADY THERE. THERE'S NOTHING I CAN DO. BUT AT LEAST GIVE US AND OUR KIDS AT LEAST AN OPPORTUNITY TO. WE THROW A SOCCER BALL, WE HIT OUR FENCE. IF WE CAN GET THE BALL, YOU THROW IT BACK ON OUR SIDE AND WE JUST KEEP PLAYING. WE THINK IT'S A PRETTY NICE FENCE. IT IS A PRETTY FENCE. WE HAVE STRUGGLED SO HARD JUST TO MAKE A DECISION ON A FENCE. AND I GET IT. I BUILT IT WITHOUT A PERMIT. FORGIVE ME FOR THAT. BUT I'M IN DESPERATIONS HERE, RIGHT? I'M REALLY TRYING TO FIGURE OUT A MEASURE THAT I CAN SATISFY ALL PARTIES. AND I ASK FOR YOUR, PER YOUR, YOUR PERMISSION TO PLEASE LET ME KEEP MY, MY, MY SCREEN WITH THAT. I'LL TAKE YOUR ANSWERS. S ALRIGHT. UM, IS THERE ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? I'LL GO AHEAD AND START OFF. IT'S A, IT'S, IT'S A METAL FENCE, CORRECT? IT IS A METAL FENCE, YES SIR. AND IS IT, UH, DOES IT HAVE EXPOSED EDGES OR DOES IT GOT LIKE A RUNNER THAT GOES ON TOP OF SIR, WHAT IT IS, IT'S A, IT'S A PAIR OF COLUMNS. IT IS PRE-MANUFACTURED. IT'S ACTUALLY DESIGNED TO BE AN EXTERIOR GRADE METAL. UH, THESE ARE PRE-MANUFACTURED COLUMNS THAT WE GOT INSTALLED TWO FEET INTO THE GROUND. ALL THE, ALL THE GROUND. THERE IS A NON-EXPENSIVE, UH, WEATHER LIMESTONE, FAIRLY STURDY, UH, OBVIOUSLY OVER-ENGINEERED, EVERYTHING IS WELDED TOGETHER. IT IS A WELDED ELEMENT. UH, EVERYTHING HAS BEEN PAINTED WITH RUSS INHIBITING PAINT. AND SO THAT'S THE CURRENT CONSTRUCTION OF THE FENCE. OKAY. AND , I JUST WANTED TO ASK. THEY HAVE TRASH OUT THERE ALL THE TIME? NOT ANYMORE, SIR. OH, OKAY. THEY HAVE THE, THE, THE TRASH HAS BEEN REPLACED BY THEIR, THEIR WOODEN FENCE AND, AND CODE ENFORCEMENT WAS PRETTY GOOD WITH THIS AND MOTIVATING THEM TO REMOVE THE TRASH. OKAY. I HAVE A QUESTION. KAPLAN. YEAH. YEAH. SO DO YOU WANT THEM TO REMOVE THEIR FENCE TOO? OR YOU LOVE THIS FENCE THAT THEY'VE PUT UP? IT'S PRETTY HORRIBLE, BUT SO I I, I'M, I'M GONNA BE CAREFUL TO NOT MAKE STATEMENTS OR FACTUAL STATEMENTS OR STATEMENTS ABOUT THEIR FENCE BECAUSE YOU HAVEN'T SEEN IT YET. BUT I WILL SAY THIS, I'M IN FAVOR OF THEIR FENCE WITH CONDITIONS. YES. MY BIGGEST CONDITION IS EVERYBODY KEEP THEIR STUFF IN YOUR OWN PROPERTY SO THAT WE DON'T HAVE TO ASK OR TALK TO EACH OTHER. THAT IS THE BIGGEST THING. AND THIS IS WHY I WANTED TO PUT A BARRIER THAT I CAN KEEP MY BALL ON MY SIDE. UH, BUT I WANT TO GIVE MYSELF SOME SPACE THAT I CAN STILL WALK AROUND AND MAINTAIN MY STUFF WITHOUT, BECAUSE ONE OF THE ISSUES WE HAVE IS IF WE GIVE YOU PERMISSION, THEN [03:05:01] WE'VE SET A PRECEDENT AND YOUR NEIGHBOR WILL ALSO GET PERMISSION AND YES. YOU KNOW, HAVE YOU THOUGHT OF THINGS LIKE VEGETATION, YOU KNOW, LIKE PLANTS? YES, WE HAVE, UH, YOU SEE THE TALL PINE TREE IN THE, IN THOSE CAN, IN THE, IT'S KIND OF HARD TO SEE, BUT YOU SEE THE REDDISH TERRACOTTA POTS, I HAVE A SERIES OF THESE PINE TREES. THEY ONLY GROW A, UH, A UH, A FOOT PER YEAR. SO WE'VE, WE'VE THOUGHT ABOUT VEGETATION. THIS IS IN THE MIDDLE OF THE, I HAVE NO SUNLIGHT. I STRUGGLE WITH GROWING STUFF AND HENCE WHY I WAS GONNA TAKE ADVANTAGE OF THE, THE SCREEN. I'LL GROW CUCUMBERS. 'CAUSE THAT'S THE ONLY PLACE I GROW. I GET SUN. SO YES MA'AM. WE DID CONSIDER SOME, SO A QUESTION FOR STAFF. IF THE, IF THE NEIGHBOR'S FENCE IS TECHNICALLY WITHIN THIS APPLICANT'S PROPERTY, UM, DOES THIS, DOES THIS, UH, VARIANCE REQUEST COUNT TOWARDS BOTH THOSE FENCES? BECAUSE THEY'RE BOTH BASICALLY THE SAME HEIGHT IN THIS, YOU KNOW, YOU DON'T WHAT I MEAN, LIKE, HOW DOES THAT WORK? LIKE IF WE'RE GONNA HEAR THE NEIGHBOR IN THE FUTURE, CAN THEY EVEN COME FORTH TO US IF IT'S NOT ON THEIR PROPERTY? SO YEAH, YOU WOULD ONLY BE ABLE TO CONSIDER WHAT'S ON THEIR PROPERTY. SO I, I DON'T, I DON'T KNOW WHERE THE SURVEY ENDS ON HERE, BUT IF IT'S NOT ON THEIR PROPERTY, YOU WON'T BE ABLE TO HEAR IT. NOW IF YOU APPROVE THEIRS AND IF PART OF THEIR PROP, THEY'RE PART OF THE NEIGHBOR'S FENCE ON THEIR PROPERTY. TECHNICALLY THEY'RE FINE. OBVIOUSLY THEY HAVE A CIVIL MATTER BETWEEN THEM AND THE NEIGHBOR. WE'LL GET YOU IN ONE SECOND. UH, I, I, UH, UM, I MEAN, YOU'RE, YOU'RE A STRUCTURAL ENGINEER. YES, SIR. AND YOU, AND YOU HAD, DID THE SURVEYOR ISSUE A, DID HE JUST TELL YOU WHERE IT WAS OR DID HE GIVE YOU A, A DOCUMENT, LIKE AN ACTUAL SURVEY WHERE THEY THEY RESOLVED THE BOUNDARY? YES, SIR. SO DO YOU, DO YOU HAVE A COPY OF THAT WITH HIM? NO, SIR. SO TO ANSWER YOUR QUESTION, I DIDN'T, WE ARE PREPARING FOR THAT. WE, I'M TAKING THE, THE PREPARATION THAT THIS IS GONNA BECOME A CIVIL COURT THING. I I, THIS IS WHERE I FORESEE IT. SO I'VE ALREADY COMMISSIONED A SURVEYOR TO GO OUT THERE AND REALLY DELINEATE WHOSE FENCES ARE WHERE I USE 3D LASER SCANNERS TO DIFFERENTIATE WHERE ALL THE CONSTRUCTIONS ARE, SO WE KNOW WHERE EVERYTHING IS. I, I DIDN'T PREPARE THAT FOR TODAY BECAUSE I'M PREPARING THAT FOR WHEN I COME AND TESTIFY FOR THEIR FENCE. I DON'T HAVE AN ISSUE WITH THEIR FENCE BECAUSE OF THE FENCE. I HAVE AN ISSUE WITH THEIR POSITION OF THEIR FENCE. YEAH. WHICH IS SEPARATE. YEAH. SEE, MY, MY THING IS, IS THAT, SO WE HAVE A COUPLE THINGS YES, SIR. ONE, WE'RE REVIEWING WHETHER OR NOT, YOU KNOW, WE'RE GONNA GIVE YOU A VARIANCE. YES, SIR. BUT MY CONCERN IS, IS THAT, YOU KNOW, WHEN, WHEN, WHEN I SEE SOMETHING ON, ON THE AGENDA FOR A FENCE AND, AND YOU KNOW, IF THIS, WHETHER HE PAID OR BUILT A FENCE OR NOT, IF YOU HAVE TWO FENCES THAT ARE THE SAME HEIGHT THAT ARE BASICALLY IN THE SAME LOCATION THAT ARE ON HIS PROPERTY, ARE WE GIVING A DEFACTO APPROVAL OF THE WOOD FENCE? YES, YOU ARE. I, I WOULD MAKE IT VERY CLEAR WITH YOUR MOTION THAT IT IS NOT FOR THE WOOD FENCE AND IT IS FOR THE METAL FENCE BECAUSE IT, THIS IS A CIVIL MATTER. YEAH. BETWEEN TWO PROPERTY OWNERS. WELL, THAT'S, I JUST WANTED, WE WOULDN'T, WE SHOULD NOT BE, WHAT HAS BEEN AGENDIZED IS THE, UM, FENCE ON THIS PROPERTY ACCORDING TO WHAT WE'VE SEEN ON THE SITE AND ON THE AERIALS. WE DON'T HAVE A SURVEY OF EACH PROPERTY. SO DID EVERYBODY CATCH THAT? SO WHOEVER MAKES A MOTION BE VERY SPECIFIC ABOUT WHAT FENCE WE'RE, WE'RE TALKING ABOUT. AND AS HE MENTIONED IN HIS PRESENTATION, THE WOODEN FENCE EXTENDS OUT FURTHER INTO THE RIGHT OF WAY. SO THAT COULD BE ANOTHER ISSUE IN ITSELF. SO THAT JUST DISREGARD THE WOODEN FENCE. BUT BECAUSE NOW, BECAUSE , THERE'S ANOTHER ISSUE BECAUSE THE WOOD FENCE IS TECHNICALLY ON HIS PROPERTY WHEN HE GOES THROUGH PERMITTING, DOES THAT CAUSE A PROBLEM FOR HIM? BECAUSE NOW HE HAS THIS, THIS THING THAT'S IN VIOLATION, THAT'S ON HIS PROPERTY. I, I MEAN, HOW DOES THAT WORK? I MEAN, WE'VE HAD SITUATIONS BEFORE WHERE THERE ARE DISPUTES OF WHERE FENCES ARE PLACED AND IT IS HANDLED IN A CIVIL MATTER. WE CAN MAKE NOTE OF IT, BUT WE'RE NOT GONNA, WE'RE NOT GONNA START GOING DOWN THE PATH OF A VIOLATION FOR THIS GENTLEMAN WHEN IT IS CLEARLY BEEN PUT UP BY THE ADJACENT PROPERTY OWNER. BECAUSE I, I JUST FOUND IT INTERESTING THAT THE TRASH THING CAME TO YOUR WAY BECAUSE TECHNICALLY IT WAS ON YOUR PROPERTY. AND I JUST, THIS IS SO ODD, , I'VE NEVER SEEN ANYBODY DO 18 IN, YOU KNOW, COMMISSION. MAN, MAN. SO, SO QUESTION FOR CITY STAFF IS, YOU KNOW, WE HAVE PREDOMINANTLY OPEN BEING A PERCENTAGE OFFENSE. UM, CAN, CAN IT, IS THAT UP FOR DIALOGUE AS WE THINK ABOUT PREDOMINANTLY OPEN TO, TO SET A VARIANCE SO THAT IT'S 95% OR OR 5% OPEN? UM, AS HIS DESIGN IS? YEAH. ARE WE ALLOWED TO PUT, I, I KNOW THAT SOMETIMES WE CAN SAY PREDOMINANTLY OPEN, WHICH BY DEFINITION IS 70 PER 70% OPEN. BUT IS THERE A WAY TO, TO MOTION THIS TO BE 95%? [03:10:03] BECAUSE WE MAY, LIKE, IT MATTERS IF THERE'S, IF WE NEED NINE VOTES, IT MATTERS. HAVE ONE SEC. SO LEGAL COUNSEL IS, UM, ADVISING THAT PERHAPS INSTEAD OF GIVING IT A PERCENTAGE, YOU JUST SPECIFY THE TYPE, LIKE A DECORATIVE SCREENING FENCE, UH, THAT HAS SOME OPENINGS. ARCHITECTURAL, OKAY. SO DID EVERYBODY CATCH THAT ARCHITECTURAL PLEASING FENCE WITH SOME OPENINGS? SO I UNDERSTAND THAT YOU WANTED TO ADD SOME COMMENTARY. GO AHEAD, SIR. YES. IF, IF WE CAN GO BACK TO, I, I WANNA ADD SOME CLARITY ON FENCE LOCATIONS AND TRASH LOCATIONS SO THAT THERE'S NO MISUNDERSTANDINGS. OKAY. THEIR FENCE, BASED ON MY CALCULATIONS, I'M GONNA REPRESENT TO YOU AS A LICENSED PROFESSIONAL ENGINEER, WHICH I HAVEN'T PRESENTED TO YOU YET. BUT I WILL, WHEN THEIR FENCE COMES UP. FOR VARIANCE QUESTION, I'M GONNA TAKE UP MY THREE MINUTES TO PRESENT MY EVIDENCE. HOWEVER, AS IT CURRENTLY STANDS, THAT WOODEN FENCE, 50% OF 50% OF THE POST AND THE FOUNDATION IS ON MY SIDE, 50% OF THE POST AND THE FOUNDATION IS ON THE OPPOSITE SIDE. THE SLATS ARE ON THEIR SIDE. MY FENCE IS APPROXIMATELY 12 TO SIX, 12 TO 14 INCHES AWAY FROM THE PROPERTY LINE. SO THERE IS SPACE BETWEEN MY FENCE AND THEIR FENCE THAT THEY JUST RECENTLY CONSTRUCTED. OKAY. SO YES, THAT'S THE CLARITY THAT I WANTED TO I UNDERSTAND. OKAY. I THOUGHT IT WAS REALLY IN OKAY. NO. ALRIGHT. IS THERE ANY OTHER QUESTIONS BEFORE BONNI? I HAVE A QUESTION FOR YOU. YES. COMMISSIONER BONNI, THAT WOODEN FENCE, IS THERE A CLEAR VISION OBSTRUCTION WITH THAT WOODEN FENCE THAT'LL BE SOMETHING THAT WILL TAKE INTO CONSIDERATION WHEN SOMEONE GOES OUT TO THE SITE TO C SITE. THAT PROPERTY IS THE MIDDLE FENCE IN A CLEAR VISION OR IS IT BECAUSE IT'S A SEE-THROUGH? IT'S OKAY. NO, THERE THERE'S, UH, THEY'RE FAR AWAY ENOUGH FROM THEIR DRIVEWAY TO NOT HAVE A CLEAR VISION ISSUE. OKAY. GOTCHA. ALRIGHT. COMMISSIONER ZUNA. YES, THE QUESTION, IS THERE ANY TOPO DIFFERENCE THAT WOULD, UH, BY RIGHT. GIVE THE ADDITIONAL HEIGHT AND ALSO THE, UM, THE UH, THE POOL IN THE BACKGROUND EVEN THOUGH WE ARE SET, SET A DISTANCE FROM THE POOL. DOES A POOL GIVE ANY RIGHT. TOPOGRAPHY ONLY GETS YOU ON, UH, THE REAR AND AND SIDE. OKAY. AND THEN THE POOL MAKES NO DIFFERENCE IN TERMS OF HIS NOT IN THE FRONT, NOT FOR THE FRONT. UM, ALSO WE DO HAVE ONE VOICEMAIL, JUST, SORRY, LET'S HEAR THE VOICEMAIL. DEIDRE SAVAGE AND I LIVE AT 28 39 DEER LEDGE AND I AM CALLING ABOUT CASE NUMBER B OH A DASH 24 DASH 1 0 3 0 0 0 1 6. UM, REGARDING THE SUBJECT'S PROPERTY ADDRESS OF 29 0 7 DEER LEDGE, UM, I, UH, AM FOR THE PRIVATE SEA FENCE TO BE SIX FEET TALL, UM, OR SIX FEET, SIX INCHES. I SUPPORT JUDY AND MOSES CRUZ. THANK YOU. THAT'S ALL THE PUBLIC COMMENT. ALRIGHT, SO WITH THAT, UM, I'M LOOKING FOR A MOTION. COMMISSIONER KAPLAN. OKAY. REGARDING CASE NUMBER BO OA DASH 24 DASH 1 0 3 0 0 1 6 1. UH, ONE SIX, I'M SORRY. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A THREE FOOT SIX INCH SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT FENCE HIGH TO ALLOW A SIX FOOT, SIX INCH PRIVACY FENCE EAST OF THE FRONT PROPERTY LINE, UM, SITUATED AT 2 9 0 7 DEER LEDGE DRIVE APPLICANT BEING A ONE ENGINEERING BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THERE ARE LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. AND I WILL, UM, SAY THAT THIS IS ONLY FOR THE DECORATIVE SCREEN FENCE WITH SOME OPENINGS, NOT THE WOODEN FENCE SPECIFICALLY, WE FIND THAT A, THE EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER, THE THREE FOOT SIX INCH FENCE HEIGHT, SPECIAL EXCEPTION IF GRANTED WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE. AS THE FENCE IS LIMITED TO THE EAST SIDE OF THE PROPERTY. BASIC CLEAR VISION REQUIREMENTS WHILE PROVIDING PRIVACY TO THE PROPERTY OWNER [03:15:01] BE THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THE CRITERIA ARE REPRESENTED BY FENCE SITES TO PROTECT PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY. THE PROPOSED FENCE APPEARS TO SERVE THE PUBLIC WELFARE AND CONVENIENCE AS THE FENCE PROVIDES PRIVACY TO THE PROPERTY OWNER. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE FENCE VARIANCE WILL ENHANCE PRIVACY FOR THE SUBJECT IN ADJACENT PROPERTIES. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE ADDITIONAL FENCE SIDE LIMITED TO THE EAST SIDE OF THE FENCE. FRONT YARD DOES NOT APPEAR TO ALTER THE LOCATION FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT AND DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. IT'S THE LOT IS APPROXIMATELY 10,000 SQUARE FEET INTO MOTION. SECOND. SECOND. SECOND BY COMMISSIONER BRAGMAN AND COMMISSIONER KAPLAN. CAN YOU CLARIFY, THIS IS ON THE WEST SIDE, NOT THE EAST SIDE OF THE FRONT. CORRECT. I KNOW IT'S ANGLED 45 DEGREES, BUT IS IT, IT LOOKS LIKE IT'D BE, DID I SAY WEST? I DIDN'T SAY ANY SIDE. WELL, THE, THE MOTION IS THE MOTION. OH YES. THE MOTION WILL BE WEST SIDE RE TO EAST SIDE. BUT IS IT STAFF? IT'S WEST SIDE, CORRECT. WHAT IS IT WEST OR EAST? PREDOMINANTLY WEST. WHAT ARE WE SAYING? IT'S THE WEST SIDE IF YOU'RE LOOKING AT THE PROPERTY. THE WEST SIDE. YES. YES. IF YOU COULD SOME THE, THIS, THIS FENCE BEING ON THE WEST SIDE OF THE PROPERTY ONLY IN CLARIFYING QUESTION. YES. AND CAN YOU ALSO CLARIFY ABOUT WHAT YOU HAD MENTIONED ABOUT THE, I THOUGHT YOU HEARD SAID THE WORD PREDOMINANTLY OPEN. I DID NOT, I DID NOT, DID NOT SAY THAT. DECK BEING FENCE. WE HEARD WITH SOME OPENINGS. SOME OPENINGS, SOME OPENING. OKAY. I JUST WANTED CLARIFYING QUESTION. JUST WANTED TO CLARIFY. YES, I I SAID DECORATIVE SCREEN FENCE WITH SOME OPENINGS. OKAY. WHAT I, ALRIGHT, FRIENDLY AMENDMENT. SO MAKE SURE, SHOULD WE PUT A DISTANCE FROM THE STREET WITH REGARDS TO HOW FAR THE FENCE CAN GO FORWARD? HOW, HOW FAR THE WHAT, HOW FAR THE FENCE COULD BE BUILT TOWARDS THE STREET. SO AS CURRENTLY DESIGNED, SO AT THE CURRENT PROPERTY IT'S ACTUALLY FROM THE PROPERTY, FROM THE PROPERTY LINE. SO WELL FROM THE STREET. SO THE QUESTION IS HOW CLOSE WILL WE ALLOW IT TO BE TOWARDS THE STREET? HOW CLOSE IS IT TO, WELL, YEAH, MAY I ASK, HOW CLOSE IS IT TO FROM THE STREET TO THIS FENCE? FROM THE PROPERTY LINE? WE DON'T, WE DON'T GET INVOLVED. I I WILL NOT QUIBBLE IT. HOW FAR FROM THE PROPERTY LINE IS THIS FENCE? I'LL DOUBLE CHECK TO SEE IF WE TAKE THOSE MEASUREMENTS. UM, CAN, CAN THE OWNER TELL US? YES. I, I WILL ATTEST TO YOU THAT IT IS APPROXIMATELY ONE. OKAY. THE FENCE CAN BE NO MORE THAN ONE FOOT FROM THE PROPERTY LINE. NO CLOSER. NO CLOSER THAN ONE FOOT FROM THE PROPERTY. SURE. YOU WANNA SAY IT JUST . SO JUST SO TO MAKE SURE WE'RE ALL CLEAR, IT IS, IT IS FOR A, A FENCE WITH DECORATIVE OPENINGS. NO CLOSER. MORE THAN ONE FOOT. CLOSER THAN THE PROPERTY ON THE WEST SIDE FROM THE WE ON THE WEST SIDE IN THE PROPERTY LINE. . ALRIGHT, COMMISSIONER BRAGMAN, IS THAT ACCEPTABLE? YES. ALL RIGHT. SO COMMISSIONER KAPLAN, PLEASE, UH, TELL US YOUR THOUGHTS. I I THINK THAT, UM, THAT, UH, OUR HOMEOWNER HAS MADE A VERY, VERY GOOD PRESENTATION ON WHY HE DESERVES A, UH, VARIANCE ON, UH, THIS FENCE HEIGHT. UM, SO I WILL BE FOR THIS COMMISSIONER BRAGGER. UH, I CONCUR WITH MY COLLEAGUE. IT'S A SAD STATE OF AFFAIRS. YOU'RE HAVE TO GO. VERY ALL. ANYONE ELSE LIKE TO ADD? YES. BON YES. COMMISSIONER BON. I LIKE SAY I'M ALSO GONNA BE IN SUPPORT OF THIS. UM, SORRY YOU GUYS ARE HAVING, I'M SORRY YOU GUYS ARE HAVING TO GO THROUGH THAT. I KNOW THIS IS A VERY SERIOUS MATTER TO YOU GUYS. I'D ALSO LIKE TO APOLOGIZE FOR ANY LAUGHTER YOU MIGHT HAVE HEARD OF HERE, HEARD UP HERE WHILE YOU WERE PRESENTING YOUR CASE. I KNOW THIS IS SERIOUS TO YOU GUYS AND, AND WE TAKE IT AS A SERIOUS MATTER. IF I COULD COMMENT, WE KNOW IT'S A SERIOUS MATTER. THERE IS SOME, THERE IS A LOT OF COMEDY IN IT. TRUST ME, WE'VE, WE'VE TAUGHT OUR KIDS TO BE COMICAL ABOUT IT BECAUSE IT, IT WE'RE TEACHING OUR KIDS CONFLICT RESOLUTION AND WE'RE JUST TRYING TO STAY AWAY. WE'RE, THANK YOU. THANK YOU. THANK YOU. I THINK ROBERT, I THINK ROBERT FROST SAID GOOD FENCES, GOOD NEIGHBORS MAKE ALL RIGHT, LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BURTON. I CONCUR. COMMISSIONER IBANEZ. I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ. I CONCUR. COMMISSIONER MANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER AVILES? I CONCUR. COMMISSIONER ZUNA? YES, I CONCUR. COMMISSIONER EZ? I CONCUR. CHAIR ORIAN. YES, I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES, UH, UNANIMOUSLY. UH, CONGRATULATIONS. IF YOU HAVE ANY QUESTIONS, [03:20:01] UM, KATE WITH STAFF AND I'M SURE WE'LL SEE YOU SHORTLY. WE WE'LL INVITE YOU TO, TO SEE THE, UH, FENCE VARIANCE ON YOUR NEIGHBORS WHEN THAT CASE COMES THROUGH. . ALRIGHT, ITEM NUMBER NINE. YES, THE GOOD ONE. ALL RIGHT. MELANIE CLARK, I PRESENTING ITEM NUMBER NINE BOA 24 DASH 0 3 4 ADDRESS, 2 0 7 W OAK DRIVE COUNCIL DISTRICT 10 APPLICANT ELIZABETH HAYNES. UH, REQUEST FOR A THREE FOOT NINE INCH VARIANCE FROM THE MINIMUM FIVE FOOT REAR ACCESSORY SETBACK TO ALLOW A DETACHED GARAGE TO BE ONE FOOT TWO INCHES FROM THE REAR PROPERTY. LINE ZONING IS R FOUR. THE SUBJECT PROPERTY IS LOCATED ON W OAK DRIVE WITH THE REAR OF THE PROPERTY ABUTTING BURR ROAD. THE EXISTING CARPORT IS LOCATED ON THE REAR OF THE PROPERTY WITH AN EGRESS AND INGRESS OF BURR ROAD. THE CARPORT WILL BE REPLACED BY A DETACHED GARAGE WITH ENTRANCES FACING THE SIDE, NOT THE PUBLIC ROADWAY, WHICH WOULD REQUIRE A 20 FOOT SETBACK. THE PROPERTY HAS A GARAGE ATTACHED TO THE HOME ACCESS FROM THE FRONT. HOWEVER, THE LIMITED WIDTH OF THE DRIVEWAY DOES NOT PROVIDE ENOUGH TURNING CLEARANCE TO ALLOW USE OF THE GARAGE AS THE PROPERTY IS IDENTIFIED AS A HISTORIC LANDMARK. A CERTIFICATE CERTIFICATION OF APPROPRIATENESS FOR THE REMOVAL OF THE EXISTING CARPORT AS WELL AS THE SITE, UH, AS WELL AS THE SITE PLAN FOR THE NEW ADDITION THAT WAS APPROVED ON JANUARY 17TH, 2024. AND THIS IS THE SITE PLAN. THIS IS A FRONT VIEW OF THE PROPERTY. THIS IS OFF OF Y OAK DRIVE AND THIS WOULD SHOW THE REAR OF THE PROPERTY AND BIRD ROAD. THIS IS THE CARPORT, UH, THAT THEY WOULD LIKE TO HAVE REMOVED IN THE REAR OF THE PROPERTY AND REPLACED WITH A DETACHED GARAGE. THIS KIND OF HAS A HORSESHOE ENTRANCE EXIT. THIS IS THEIR CURRENT GARAGE. THIS IS TOWARDS THE FRONT OF THE PROPERTY AND AS YOU CAN SEE, THEY DO NOT HAVE A WIDTH THAT ALLOWS THEM TO TURN INTO THEIR CAR OR THEIR GARAGE AT THE MOMENT. UM, THESE ARE THE SURROUNDING AREAS FROM Y OAK DRIVE AND THEN THE SURROUNDING AREA OF BURR ROAD. STAFF RECOMMENDATION FOR THE REAR SIDE, UH, SITE REAR SETBACK VARIANCE, UH, STAFF RECOMMENDS APPROVAL IN BO OA 24 DASH 1 0 3 0 0 4 BASED ON THE FOLLOWING FINDINGS OF FACT, THE REAR SETBACK VARIANCE WILL NOT INJURE NEIGHBORING PROPERTIES AND THE PROPOSED GARAGE WILL BE ABIDING CLEAR VISION AS WELL AS OTHER SETBACK REQUIREMENTS. 18 NOTICES WERE MAILED ONE IN FAVOR, ZERO IN OPPOSITION AND NO NEIGHBORHOOD ASSOCIATION IS WITHIN 200 FEET OF THIS PROPERTY. THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS HERE FOR QUESTIONS. ALRIGHT, WELL LET'S HAVE THE APPLICANT COME UP. YOU CAN PLEASE TELL US YOUR NAME AND ABOUT YOUR PROJECT. YES. HELLO, MY NAME'S ELIZABETH HAYNES AND I'M REPRESENTING MY CLIENT AT 2 7 0 2 0 7 YANO. AND IF YOU WOULDN'T MIND, I SAW WHEN I HAVE THE TWO SECTIONS, COULD Y'ALL SHOW THAT? I THINK THAT'S KIND OF AN IMPORTANT SURE. IF Y'ALL KNOW WHAT I'M TALKING ABOUT. THE TWO FULL, NO, IT'S TWO FULL SECTIONS. HANG ON, I GOT A COPY OF IT. OH, WHILE SHE'S GETTING THAT, IS THERE ANY VOICEMAILS OR ANYONE SIGNING TO SPEAK? THERE WAS NO PUBLIC COMMENT ON THIS. ALRIGHT, THANK YOU. SHOULD BE SHEET A FOUR. YEAH, THERE YOU GO. SO I THINK IT'S JUST OUR LITTLE WHAT DO YOU DO? OH, OH, RIGHT HERE. OKAY, SO UP HERE THIS IS OUR EXISTING CONDITION. SO IF YOU'LL SCROLL DOWN JUST SO THEY CAN SEE. SO THERE IS, YOU CAN SEE THERE IS A FIVE FOOT RETAINING WALL TOWARDS THE REAR OF THE PROPERTY. SO THAT'S SORT OF OUR HARD SHOW. OH, SORRY. THIS IS BURR ROAD AND YOU CAN SEE WINE OAK IS DOWN HERE. SO THERE'S A HUGE, UH, TOPOGRAPHY, WHICH IS THE REASON THE CARPORT, WHICH WHICH WE, I MEAN THE GARAGE WILL NEED A VARIANCE BECAUSE WE ARE, WE HAVE A HARDSHIP WITH THIS RETAINING WALL TOWARDS THE REAR OF THE PROPERTY. THIS GARAGE RIGHT HERE WAS BUILT IN 1980. SO WHAT WE'VE ASKED TO DO IS DEMO THAT AND REPLACE THE CARPORT THAT'S ACTUALLY ON BURR ROAD WITH AN ENCLOSED GARAGE. [03:25:08] AND WE ALSO HAVE THE ARCHITECTURAL REVIEW BOARD AS WELL AS THE HOA FOR BELLMEAD APPROVAL AS WELL AS HDRC. ALL RIGHT, AWESOME. UH, DID YOU, DID I'M, I'M JUST WANNA MAKE SURE I'M LOOKING AT THIS RIGHT. SO WHEN YOU DEMO THE OTHER GARAGE, YOU'RE, YOU'RE NOT REALLY INCREASING IMPERVIOUS COVER, YOU'RE JUST MOVING IT FROM ONE PLACE TO ANOTHER? CORRECT. OKAY. ALL RIGHT. AND YOU DON'T SEE ANY ISSUE WITH BEING ABLE TO MANEUVER A CAR FROM BURR ROAD INTO THE GARAGE? NOT A BIG DEAL, NO. ALRIGHT. IT'S, WE, WE, AND WE WILL NEED NO ADDITIONAL PART CURB CUTS 'CAUSE THERE'S TWO NOW AND IT WILL BE A TANDEM GARAGE. SO WE'VE GOT ABOUT, I THINK, I THINK 20 FEET. SO YOU CAN FULLY PULL OUT A BURR ROAD, WAIT FOR YOUR GARAGE DOOR AND PULL INTO YOUR GARAGE. OH, OKAY. YOU WILL NOT BE HANGING OUT ON BURR ROAD. OKAY. ALL RIGHT. IS THERE ANY UH, COMMISSIONER QUESTIONS? MANNA COMMISSIONER MANNA? SO YOU SAID YOU HAD SOME, UM, YOU SPOKE WITH THE UM, HISTORIC REVIEW OR THOSE GROUPS THEY APPROVED IT IS, YES. H WE'VE ALREADY GONE THROUGH HDRC AND THEN THE HOMEOWNERS ASSOCIATION, WE'VE ALREADY SPOKEN WITH THEM AS WELL AS THEY HAVE AN ARCHITECTURAL REVIEW BOARD AT THEIR H-O-H-O-A AND ALL OF THOSE APPROVED IT. ALL THOSE HAVE APPROVED. PERFECT. THANK YOU. ALRIGHT, THIS IS OUR LAST HURDLE. . OKAY. ALL RIGHT. ANY OTHER QUESTIONS? OKAY THEN. WELL, IF THERE'S NOTHING ELSE, I'M LOOKING FOR A MOTION BRAGMAN COMMISSIONER BRAGMAN REGARDING CASE NUMBER BO OA DASH 24 DASH 0 3 0 0 0 1 4. I MOVE THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A THREE FOOT NINE INCH VARIANCE FROM THE MINIMUM FIVE FOOT REAR ACCESSORY SETBACK TO ALLOW ATTACHED GARAGE TO BE ONE FOOT TWO INCHES FROM THE REAR PROPERTY LINE SITUATED AT 2 0 7 WHITE OAK DRIVE. APPLICANT BEING ELIZABETH HAYNES BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW 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. DUE TO THE SIZE AND UNIQUE DESIGN OF THE PROPERTY, A THREE FOOT NINE INCH VARIANCE TO ALLOW A DETACHED GARAGE TO BE ONE FOOT TWO INCHES FROM THE REAR SETBACK WILL NOT AFFECT THE GENERAL HEALTH, SAFETY AND WELFARE OF THE NEIGHBOR OR SURROUNDING PROPERTIES. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD PREVENT THE APPLICANT FROM DEVELOPING A FUNCTIONAL GARAGE ON THE PROPERTY. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND THE SUBSTANTIAL JUSTICE WILL BE DONE. THE GRANTING OF THE SPIRITS WILL OBSERVE THE SPIRIT OF THE ORDINANCE AS A CERTIFICATE OF APPROPRIATENESS FROM THE OFF OF OFFICE OF HISTORIC PRESERVATION HAS BEEN APPROVED. AND THE NEW ACCESSORY BUILDING WILL BE ABIDING TO CLEAR VISION AND OTHER SETBACK REQUIREMENTS FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REAR SETBACK VARIANCE WILL ALLOW A TANDEM DETACHED GARAGE TO BE CONSTRUCTED WITHIN THE BOUNDARIES AND LIMITATIONS OF A HISTORICAL PROPERTY. THIS WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES AND WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY OF WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS LIMITED SPACE SLOPE AND CONSTRAINT AS A HISTORICAL LANDMARK. THIS CIRCUMSTANCE DOES NOT APPEAR TO BE A MERELY FINANCIAL END OF MOTION. SECOND. SECOND BY COMMISSIONER MANOCK. COMMISSIONER BRAGMAN. YEAH, I'LL BE IN SUPPORT OF THE MOTION. IT SOUNDS LIKE YOU'VE GONE THROUGH ALL THE NECESSARY STEPS LEADING UP TO THIS AND I CERTAINLY SEE A CLEAR UNDERSTANDING OF WHY THIS NEEDS TO BE DONE. I MEAN, WHY HAVE A GARAGE IF YOU CAN'T USE IT? RIGHT. AND OBVIOUSLY THAT CARPORT LOOKS WELL PAST ITS, UH, USEFUL LIFE. MM-HMM. . SO I'LL BE IN SUPPORT OF THE MOTION. THANK YOU. COMMISSIONER MANNA. I CONCUR WITH MY COLLEAGUE AND I THANK THAT YOU'VE TAKEN ALL THE STEPS TO COMMUNICATE THIS APPROPRIATELY. SO I'LL BE VOTING PAPER AND I'LL BE IN SUPPORT. I JUST WANTED TO ADD THAT I ALWAYS LOVE IT WHEN WE HAVE DETAILED PLANS SPECIFICALLY SHOWING WHAT'S GOING ON. IT'S GREAT. SO LET'S HAVE A ROLL CALL. VOTE PLEASE. [03:30:02] COMMISSIONER MIKE. MR. CHAIRMAN? YES. COMMISSIONER BARTON. A FRIENDLY, UH, MINOR EDITORIAL, UM, AMENDMENT. THE WORD IN PARAGRAPH ONE ON PARAGRAPH FIVE IS DETACHED WITH AN ED ON THE END. AND THAT'S THE WAY I READ IT. I READ IT AS DETACHED. WELL, I'M NOT SURE IT WOULD COME THROUGH IN THE TRANSCRIPT IF YOU READ IT. SO STAFF, IF YOU COULD PLEASE, UH, ENSURE THAT DETACHED IS PROVIDED IN THE, IN IN THE MINUTES, WHICH WAS READ. ALRIGHT. IS THAT COMMISSIONER BRAGMAN? I CONCUR. I CONCUR WITH THE FINDINGS OF FACT. YEAH. COMMISSIONER MANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BURTON. I CONCUR. COMMISSIONER BONNI? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER KAPLAN? I CONCUR. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER O ZUNA. YES, I CONCUR. COMMISSIONER BONNI. I CONCUR. CHAIR ORIAN AND I CONCUR THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. IF YOU HAPPEN TO HAVE ANY QUESTIONS YOU CAN GIVE US DOWN. ALRIGHT. UH, LAST ITEM IS THE MINUTES. [ Approval of Minutes  ] UM, I MOVE THAT THEY BE APPROVED AS WRITTEN. ALRIGHT. UH, MOTION BY COMMISSIONER MAN. IS THERE A SECOND? SECOND. SECOND BY COMMISSIONER KAPLAN. ALL IN FAVOR? AYE. AYE. ANY OPPOSED? MOTION PASSES. UM, IS THERE ANY STAFF ANNOUNCEMENTS? YES SIR. UM, YOU WILL HAVE A NEW D TWO APPOINTEE, SAMUEL STEVENS AND A D SIX APPOINTEE. LOUIS GOMEZ THIS THURSDAY. SO THIS THURSDAY. MM-HMM. . I WAS LOOKING FORWARD TO A NEW PERSON STARTING TODAY, BUT THE MEETING I CANCELED LAST WEEK, SO. RIGHT. ALRIGHT. SO THEY'LL BE HERE, UM, READY FOR THE 18TH? THE NEXT MEETING? YEAH, WE'LL GET 'EM PREPPED UP FOR THE NEXT MEETING. ALL RIGHT, GREAT. AND IS THERE AN IS IS STAFF, UH, POLLING EVERYBODY ABOUT MARCH? I MEAN, I'M SORRY, APRIL 8TH WITH THE ECLIPSE. I'M HEARING A LOT OF, UH, COMMISSIONERS NOT, UH, BEING ABLE TO GO AND SO I WANTED TO MAKE SURE THAT WE HAVE A QUORUM. WE'LL SEND OUT A POLL, WE'LL HAVE DE SEND A POLL ABOUT THAT DATE. OKAY. ALRIGHT, THANK YOU. AND IF THERE'S NOTHING ELSE, I HEREBY ADJOURN THE MEETING AT 4 45. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.