* 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. [00:00:02] ALL RIGHT. IT IS ONE OH TWO. I'M GONNA CALL THIS, UH, MEETING OF THE, UH, BOARD OF ADJUSTMENTS TO ORDER. IF WE HAVE THE SPANISH INTERPRETER COME OUT PLEASE. ALRIGHT. THANK YOU VERY MUCH. IF EVERYONE COULD JOIN ME IN THE PLEDGE OF ALLEGIANCE, I ALLEGIANCE TO THE FLAG, THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION JUSTICE, HONOR THE TEXAS FLAG FLAG. I ALLEGIANCE TO BE TEXAS. ONE STATE UNDER GOD. ALL RIGHT, SO BEFORE WE TAKE ROLE TODAY, I'M GOING TO BE SWEARING IN A NEW COMMISSIONER, UH, UH, COMMISSIONER STEVENS. IF YOU COULD PLEASE RAISE YOUR RIGHT HAND AND REPEAT AFTER ME. UM, I STATE YOUR NAME. I SAMUEL STEVEN, DO SOLEMNLY SWEAR THAT I WILL FAITHFULLY DO SOLEMNLY SWEAR THAT I'LL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE OF COMMISSIONER, BOARD OF ADJUSTMENTS, EXECUTE THE DUTIES OF THE OFFICE OF COMMISSIONER, BOARD OF ADJUSTMENTS OF THE STATE OF TEXAS. OF THE STATE OF TEXAS, AND WILL TO THE BEST OF MY ABILITY AND WILL TO THE BEST OF MY ABILITY, PRESERVE, PROTECT, DEFEND, PRESERVE, PROTECT, DEFEND THE CONSTITUTION AND LAWS OF THE UNITED STATES, THE CONSTITUTION AND LAWS OF THE UNITED STATES, AND OF THIS STATE. SO HELP ME, GOD AND OF THIS STATE. SO HELP ME GOD. ALRIGHT. CONGRATULATIONS STAFF. IF WE CAN HAVE A ROLL CALL, PLEASE. COMMISSIONER BURTON. HERE. COMMISSIONER STEVENS. HERE. COMMISSIONER BONIS. HERE. COMMISSIONER CRUZ. HERE. COMMISSIONER KAPLAN? HERE. COMMISSIONER MANNA. PRESENT. COMMISSIONER BENAVIDES. HERE. COMMISSIONER UNA. PRESENT. COMMISSIONER BON. HERE. CHAIR ORIAN. AND I AM HERE. SO WE HAVE A QUORUM OF 10. ALRIGHT, SO BEFORE WE PROCEED WITH TODAY'S CASES, I WOULD LIKE TO OFFER A FEW WORDS OF EXPLANATION. THE BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE. THE, THE CASES ARE LISTED BY A NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS. FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT. LASTLY, AS CHAIR O WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS, I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS THE CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING. 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 RELEASE SOUGHT, AND WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE A SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY OF THE DIRECTOR DEVELOPMENT SERVICES REGARDING REQUEST FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE. IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE, THE PETITION AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD. ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER. AFTER EVERYONE HAS HEARD THE CASE WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. EVERY 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 PRESENT OR NOT, WHICH IS NINE VOTES. THE BURDEN OF PROOF IN GRANTING THE RELEASE RESTS WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUESTED RELEASE CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISIONS OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL. SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW, DEPENDING ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S. DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. SO PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS OF YOUR CASE STAFF. GOOD AFTERNOON. STAFF WILL BEGIN [00:05:01] EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST. PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE, SPECIAL EXEMPTION OR APPEAL. AND PROPERTIES WITHIN 200 FEET OF THE SUBJECT PROPERTY CHECK MARKS INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION. FOLLOWING THIS PRESENTATION AND ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST FOR THOSE THAT SIGNED UP TO SPEAK FOR OR AGAINST A PROPOSED VARIANCE, SPECIAL EXEMPTION OR APPEAL YOU'LL BE CALLED IN ORDER THAT YOU SIGNED UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED MAXIMUM THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE A MAXIMUM TIME LIMITATION. FOR THOSE THAT WOULD LIKE TO GIVE UP THEIR TIME TO A SPEAKER. THAT SPEAKER WILL BE ALLOWED MAXIMUM TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH, UH, OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU, CHAIRMAN. UH, [ Briefing and Possible Action on the following items  ] YES. AND SO THE FIRST ITEM ON THE AGENDA IS, UH, ITEM, UH, ENDING IN 2 6 3. AND IS I, I BELIEVE THAT, UH, THE CITY ATTORNEY WAS GONNA MAKE A, A BRIEF REMARK ABOUT THE NOTIFICATION JUST TO MAKE SURE THAT EVERYTHING'S, UH, ACCEPTABLE. YES. UH, GOOD AFTERNOON BOARD. UM, THE QUESTION WAS BROUGHT UP ABOUT, UM, NOTICES IN, IN GENERAL AND, UM, WE REVIEWED THE NOTICES, UM, AND AFTER REVIEW OF, UH, THE GOVERNMENT CODE AND THE PUBLICATIONS PUT OUT BY THE TEXAS ATTORNEY GENERAL AND, AND CASE LAW. UM, UH, THE NOTICES ARE ADEQUATE AND, AND LEGAL AND WE DON'T HAVE ANY CONCERN. ALRIGHT. THANK YOU VERY MUCH MR. CHAIR. THIS ITEM IS REQUESTING A CONTINUANCE TO APRIL THE 15TH. SO IF YOU WOULD LIKE ME TO JUST READ IT INTO THE RECORD, I COULD DO SO FOR YOU. UH, PLEASE DO. AND, AND JUST FOR MY KNOWLEDGE, IS THERE ANY PUBLIC, UH, COMMENT ON THIS? THERE IS NO PUBLIC COMMENT. ALRIGHT, THANK YOU. ALRIGHT, ITEM NUMBER ONE, BO A 2 3 103 0 2 6 3. LOCATED AT SIX 20 SOUTH PRESA STREET IS REQUESTING A CONTINUANCE TO APRIL THE 20, UH, EXCUSE ME, APRIL THE 15TH. ALRIGHT, WE HAVE, UM, ANY COMMISSIONER LIKE TO MAKE A, A MOTION TO UNA COMMISSIONER ZUNA REGARDING CASE NUMBER BO A 20 DASH 23 DASH 3 2 63. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A CONTINUANCE TO THE APRIL 15TH MEETING. SECOND. SECOND BY COMMISSIONER BARRINGTON. ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? HEARING NONE. UH, MOTION, UH, THIS CASE HAS BEEN CONTINUED. ITEM NUMBER TWO. HELLO, UH, ALFONSO CAMACHO, SENIOR PLANNER DEVELOPMENT SERVICES. UM, ITEM NUMBER TWO, UH, BOA 20 DASH 24 DASH 1 0 3 0 0 0 1 7. UM, IT'S FOR THE PROPERTY AT 9 4 2 5 SOUTH PRESTA STREET COUNCIL. DISTRICT THREE APPLICANT IS ERICA MARLOW. THE REQUEST IS FOR, UH, ONE, UH, 25 FOOT, UH, 25 FOOT FOOT HEIGHT OF VARIANCE FROM THE 50 FOOT SIGN, UM, HEIGHT MAXIMUM TO ALLOW A SIGN TO BE 75 FEET IN HEIGHT AND TWO OF 594 AND A HALF SQUARE FOOT VARIANCE FROM THE 375 SQUARE FOOT MAXIMUM TO ALLOW A SIGN TO BE 969 AND A HALF FEET OF SQUARE FEET. UH, THE ZONING IS, UH, COMMERCIAL C TWO. UM, UH, THE SUBJECT PROPERTY, UM, IS LOCATED ALONG SOUTH PRESA STREET NEAR THE INTERCHANGE OF HIGHWAY FOUR 10. THE APPLICANT IS REQUESTING A VARIANCE TO EXCEED THE SIGN SIZE ALLOWANCE AND TO ALLOW TO EXCEED THE HEIGHT LIMIT. CURRENTLY THE PROPERTY IS UNDEVELOPED IF APPROVED. THE SIGN WILL BE 75 FEET IN HEIGHT AND THE 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 THOSE BOUNDARIES. HERE'S THE SITE PLAN OF THE PROPERTY SHOWING THE THE SIGN LOCATION, UM, TO, TO THE SOUTH. HERE'S THE SITE PLAN OF THE SOUTH PREZA CORRIDOR OVERLAY, INDICATING THE LOCA, THE LOCATION OF THE PROPOSED SIGN IS OUTSIDE OF THE OVERLAY. A HERE'S SOME RENDERINGS OF THE PROPOSED, UM, SIGNAGE. AND THIS PROPOSED SIGNAGE IS THE ONE IN QUESTION, UM, DUE TO THE HEIGHT. UM, THESE ARE AERIAL IMAGES OF THE, UM, PROPERTY SHOWING THE VACANT LAND SURROUNDING AREA. UH, THEREFORE, STAFF, UH, RECOMMENDS DENIAL OF BO OA DASH 24 DASH 1 0 3 0 0 0 1 7 BASED ON THE FOLLOWING FINDINGS OF FACT, NUMBER ONE, THE SIGN SQUARE FOOTAGE SIZE AND HEIGHT WILL BE, UH, EXCEEDING THE UDC STANDARDS. AND NUMBER TWO, THE CURRENT ALLOWABLE SQUARE FOOTAGE AND HEIGHT WILL NOT CAUSE A [00:10:01] CITATION OF COMMERCIAL USE OF THE PROPERTY. 19 NOTICES WERE MAILED, UH, ZERO IN FAVOR. UH, THREE IN FAVOR. UM, THOSE, UM, WERE COMING FROM, UM, PROPERTIES OUTSIDE OF THE 200 FEET, UH, ZERO IN OPPOSITION. AND THE VIA CORONADO NEIGHBORHOOD ASSOCIATION, UM, IS NOT, UH, IN FAVOR OR OPPOSED, THEY'RE NEUTRAL. UM, THAT CONCLUDES STAFF PRESENTATION. THE APPLICANT IS HERE, UM, TO ANSWER ANY QUESTIONS. FANTASTIC. THANK YOU. LET'S HAVE THE APPLICANT COME FORWARD. PLEASE STATE YOUR NAME, TELL US ABOUT YOUR CASE. HI, BRAD PECK. I'M WITH LOVE TRAVEL STOPS AND, UM, GOOD AFTERNOON COMMISSION. THANKS AGAIN FOR THE, UH, DEFERRAL FROM TWO WEEKS AGO AND THE OPPORTUNITY TO PRESENT A LITTLE MORE INFORMATION ABOUT OUR REQUEST. UM, AS STATED PRIOR, UM, THE LAST TIME I WAS HERE, THE, THE REASON FOR OUR REQUEST OF A VARIANCE IS REALLY TO MAKE THAT SIGN MORE VISIBLE AND ALLOW FOR A LONGER READ DISTANCE. AND, UM, TO ALLOW OUR CUSTOMERS, PROFESSIONAL, DR. TRUCK DRIVERS AND AUTO DRIVERS TO SAFELY MAKE A DECISION AND MAKE THE EXIT TO OUR, TO OUR FACILITY. UM, THE HANDOUT THAT YOU'VE RECEIVED IS THE SAME AS THE PRESENTATION ON THE BOARD. UM, IT'S JUST THERE. I FELT LIKE YOU'D BE ABLE TO SEE A LITTLE BIT CLOSER, UM, WHAT WE'RE PRESENTING. SO IF YOU WANNA JUMP TO SLIDE FOUR. UM, SLIDE FOUR. SO THIS, I WANTED TO SHOW YOU WHAT WAS WITHIN CODE. SO THE FIRST ITEMS HERE IS IF WE WERE TO BUILD TO CODE TODAY WITHOUT ANY VARIANCE, THIS IS WHAT WE WOULD HAVE, WHICH IS 50 FEET AND 231 SQUARE FEET. UM, NEXT PAGE ON PAGE FIVE, WE START AT HALF A MILE VISIBILITY, UM, AS YOU ARE ON FOUR 10 APPROACHING OUR SITE. SO THE YELLOW ARROW KIND OF POINTS TO WHERE THE SIGN WOULD BE AT THAT HEIGHT AND AT THAT SIZE, WHAT YOU'D BE ABLE TO SEE. AND SO REALLY AT HALF A MILE, YOU'RE NOT VISIBLE. UH, ONCE YOU HIT 0.4 MILES FROM THE EXIT, YOU START TO SEE A LITTLE BIT OF THE SIGN, UM, POKE UP RIGHT AT THAT ARROW, THE MIDDLE PICTURE THERE. AND THAT IS AT 20 AND A HALF SECONDS. READ TIME. SO LAST TIME I TALKED A LITTLE BIT ABOUT, UM, VISUAL, VISUAL READ, DISTANCE AND, UH, REACTION TIME TO MAKE A MANEUVER. SO BASED ON 70 MILES PER HOUR, WHICH IS WHAT, UH, FOUR 10 IS IN THIS AREA, AND WHAT'S CONSIDERED A COMPLEX, UH, MANEUVER. SO ANYTIME YOU'RE MOVING MORE THAN TWO LANES, UH, SO IN THIS CASE, IF YOU'RE IN THE FAR LEFT LANE, YOU'RE CROSSING THE MIDDLE LANE AND THEN YOU'RE DRIVING TO CROSS OVER INTO THE EXIT RAMP, WHICH IS ALSO A MERGE, UH, WHERE I 37, UM, SORRY, I 37 COMES IN AND MERGES WITH FOUR 10 IN THIS AREA. SO AGAIN, IT'S ABOUT PROVIDING THE LONGEST READ DISTANCE TO MAKE THAT TIME. UM, SO AT FOUR TENTHS OF A MILE, YOU FIRST YOU BEGIN TO SEE THIS, AND THAT'S AT 20 AND A HALF SECONDS. AGAIN, WE NEED A MINIMUM OF 18 IN THIS AT 70 MILES AN HOUR OF 18 SECONDS. SO 20 GETS YOU THERE. ONCE YOU GO TO 0.3 MILES, IT'S A LITTLE MORE VISIBLE. YOU'RE NOW AT 15.3 SECONDS AND SO FORTH. SO THE REST OF THE PICTURES JUST KIND OF COUNT YOU ALL THE WAY DOWN TO THE EXIT. AND THEN FROM EASTBOUND AS WELL. NOW EASTBOUNDS A LITTLE MORE VISIBLE THE WHOLE TIME. YOU DON'T HAVE A CURVE IN FOUR 10. YOU ALSO DON'T HAVE AN OVERPASS AS AN OBSTRUCTION, UH, WHICH IS THE, UH, THE GILEAD ROAD OVERPASS WHEN YOU'RE HEADED WESTBOUND. SO IF WE CAN GO ON TO, UH, SLIDE NUMBER 10 PLEASE. SO SLIDE 10 SHOWS, UM, THIS IS THE 75 FOOT HEIGHT THAT WE HAVE ASKED FOR. NOW WE'VE ALREADY TAKEN A REDUCTION. SO AS YOU KNOW, IN THE VARIANCE, IT'S ASKING FOR 906, NINE SQUARE FEET. WENT BACK TO THE SIGN GUYS. AND THIS, THIS GETS US DOWN TO 691 SQUARE FEET. SO WE'VE, WE'VE REDUCED, BASED ON YOUR FEEDBACK FROM LAST TIME BY 300 FEET IN THE SQUARE FOOTAGE. IF YOU GO TO THE NEXT PAGE, YOU'LL SEE THAT AT A HALF MILE YOU BECOME VISIBLE WITH THE HEIGHT OF 75 FEET, WHICH GETS YOU AT A 25.6 SECOND READ TIME. AND THEN AT 0.4, AGAIN, I THINK YOU CAN SEE HERE THAT THE VISIBILITY, THE READABILITY OF THE SIGN IS, IS JUST BETTER AND GREATER AND GONNA ALLOW THE CUSTOMER, UH, AND PROFESSIONAL TRUCK DRIVER TO MAKE THAT DECISION TO MOVE ALL THE WAY OVER TO THE RIGHT LANE AND MAKE THE EXIT. THE LAST THAT I'LL JUMP TO, IF YOU CAN GO TO PAGE 16, PLEASE. SO PAGE 16 WOULD BE REDUCING HEIGHT AND SQUARE FOOTAGE. SO AGAIN, IT'S REDUCING THE HEIGHT, ANOTHER 10 FEET TO 65 SQUARE FEET. I MEAN 65 FEET HEIGHT, THE SAME SQUARE FOOTAGE AS THE 75 FOOT HEIGHT, WHICH IS 691 SQUARE FEET. THE NEXT PAGE, 17 [00:15:02] SHOWS AGAIN, UH, AT A HALF MILE TO 25.6 SECOND READ TIME, YOUR VISIBILITY, AND THEN 0.4 AND 0.3. SO REALLY WHAT WE'RE ASKING FOR TODAY IS WE WOULD LIKE TO BE AT THE 75 FEET. WE'VE ALREADY TAKEN A REDUCTION FROM OUR INITIAL APPLICATION TO YOU DOWN TO 6 9 1, UM, TO GIVE THE READABILITY, WE FEEL IS NECESSARY FOR CUSTOMERS TO MAKE A SAFE TRANSITION TO THE EXIT. UM, SO AT THAT, I WILL, THE REST OF THE PICTURES AGAIN, ARE JUST EXHIBITS TO REVIEW, BUT I AM WILLING TO ANSWER ANY QUESTIONS YOU HAVE. SO I'M GONNA LEAD OFF WITH SOME QUESTIONS. UM, THERE'S A COUPLE, UH, ONE, UH, ON THE SIGN THAT YOU SHOWED THAT WAS GONNA BE A COMPLIANCE SIGN. YOU ONLY HAD ONE, UH, FUEL UH, RATE AND THE, AND THE ONE THAT YOU'RE WANTING IS GONNA HAVE ONE FOR UNLEADED AND ONE FOR DIESEL. YES, SIR. IF YOU'RE CATERING TO A TRUCK DRIVER, ISN'T THE DIESEL THE MOST IMPORTANT ONE? IS THAT A WAY TO GET THIS A LITTLE SMALLER IS JUST TO HAVE ONE UH, RATE INSTEAD OF TWO? WELL, SO THE, THE ONE BLOCK THAT DIESEL, UM, TYPICALLY THOSE WOULD WORK IN A WAY WHERE THEY WOULD ALTERNATE BETWEEN GAS AND DIESEL. SO IT WOULD, IT WOULD GET BOTH. SO THE GREEN THAT YOU SEE ON THERE IS DIESEL GAS IS TYPICALLY THE RED. AND SO THE 50 FOOT 2 31. YES, SIR. I THAT ANSWER YOUR QUESTION OR WELL, I'M JUST, I, I MEAN, I'M GLAD THAT YOU REDUCED WHAT YOU'RE ASKING FOR AND I'LL AND WHAT WAS THAT EXACT NUMBER JUST FOR YES SIR. IT IS 691.89 SQUARE FEET, SO 6 91, WHICH MEANS YOU'RE ASKING FOR A VARIANCE OF, UH, 300 AND, UM, AND, UH, THREE 17. THREE 17, WELL, NO, IT'S, IT'S 3 75. SO HE'S, HE'S WANTING THREE 16 VARIANCE OF THREE 16 SQUARE FEET JUST FOR WHOEVER MAKES A SUCH A MOTION. JUST SO YOU KNOW THAT THEY'RE, THEY'RE ASKING ONLY FOR 6 91. BUT MY, MY LINE OF QUESTIONING WAS IS DO YOU NEED TO RATE, IS THAT OF, OF UTTER IMPORTANCE TO THE SIGN? AND THE SECOND ONE IS, UH, WITH THAT HEART ON THE LOVE SIGN BEING COMPLETELY SEPARATE, WHEN PREVIOUSLY IT WAS INCORPORATED IN THE RECTANGULAR PART OF THE SIGN, ARE Y'ALL CHANGING THE LOGO TO WHERE THAT'S, YOU'RE CONSIDERING, LIKE, NECESSARY FOR YOUR SERVICE MARK? OR IS THAT, UM, JUST A DESIRE BECAUSE YOU THINK IT'S MAKE, GIVES YOU LIKE A DOUBLE, A DOUBLE SIGN FOR THE LOVES? RIGHT. WELL, OUR, OUR CURRENT, SO WHEN YOU SEE IT ON, I THINK THE BACK WHEN THEY SHOWED THE OTHER PRESENTATION, WHAT, UM, THEY SHOWED THAT LOWER SIGN, THAT'S OUR STREET PRICER. OKAY. SO THAT, THAT IS WITHIN CODE, THAT IS JUST AN EXAMPLE OF WHAT WILL BE AT THE CORNER. UM, BUT, BUT OH, I SEE THIS ONE, THIS ONE HERE, RIGHT, WITH THE, WITH THE END CODE, BUT ACROSS THE STATE IS, IS IT WHAT YOU'RE PURSUING NOW IS HAVING A SEPARATE HEART? RIGHT. AND THAT'S, AND AND TYPICALLY THAT'S OUR GO-TO LOGO. THE, THE RED HEART FOR LOVE'S IS WHAT REALLY CATCHES THE CUSTOMER'S ATTENTION. IT'S KIND OF THE TREAD TRADEMARK. AGAIN, WHEN WE GET IN A SITUATION WHERE WE HAVE TO BE EXTREMELY COMPACT, THEN WE WILL BRING IT ALL INTO THE ONE SIGN. SO, OKAY. WELL THAT I, I'M DONE. ANY OTHER QUESTIONS, KAPLAN? OKAY. SO ONCE AGAIN, WE, WE HAD TALKED LAST TIME THAT YOU WERE GOING TO BE PUTTING, UM, SIGNS ALONG THE HIGHWAY SAYING, LOVE'S SERVICE STATION X AMOUNT OF MILES. UH, AND THAT'S WHAT I DON'T UNDERSTAND. IF YOU HAVE THE SIGNAGE THAT TELLS, UM, LOVES GAS STATION, UH, HALF A MILE OR WHATEVER, RIGHT. BUILDING, WHY DO YOU NEED A LARGER SIGN THEN? BECAUSE YOU ALREADY HAVE, YOU WILL HAVE A SIGN ON THE ROAD ON BOTH SIDES, YOU KNOW, COMING AND GOING, UM, TELLING THAT THIS SERVICE STATION EXISTS, RIGHT? WELL, WE, WE HOPE TO, SO OBVIOUSLY BILLBOARDS ARE A MONTHLY PAID SUBSCRIPTION THAT WE HAVE TO PAY FOR. THIS IS A ONE TIME MARKER FOR OUR BUSINESS OF WHERE, WHERE IT'S LOCATED. UM, AND SO REALLY THE BILLBOARDS COME DOWN TO AVAILABILITY AND, AND, AND WHAT, YOU KNOW, WHAT WE'RE AVAILABLE TO SECURE. SOMETIMES WE CAN GET THEM, SOMETIMES WE CAN'T. UM, I APOLOGIZE. I'M NOT REAL FAMILIAR WITH THE CURRENT AVAILABILITY OF BILLBOARDS ON FOUR 10 TODAY. I, I HAVE NOT DONE THAT RESEARCH. UM, BUT IT IS, WE DO ATTEMPT, ESPECIALLY IF WE END UP GOING WITH A SMALLER ONSITE SIGN, THEN WE WILL TRY TO SECURE BILLBOARDS WHEREVER WE CAN TO HELP, YOU KNOW, GET OUR CUSTOMER'S ATTENTION, LET THEM KNOW WHERE WE ARE. MANAM COMMISSIONER MAY, SO, SO LAST TIME WE TALKED ABOUT, UH, ELEVATION CHANGES AND, UH, STANDING AT THE, UM, THE BRIDGE HERE AT THE SOUTH PRESSOR BRIDGE, WHICH IS A, UM, UNDERPASS, UM, UM, FOR THE, FOR THE HIGHWAY. SO, SO THE, UM, PROPERTY THAT YOU HAVE IS ABOVE GRADE, UH, FROM THE HIGHWAY ITSELF? CORRECT. SO IT'S ABOVE, IT'S ABOVE THE [00:20:01] HIGHWAY AT THIS POINT ON THAT EMBANKMENT ON THE ACCESS ROAD. I'M HONESTLY, I I'M NOT SURE OF THE TOPOGRAPHY HEIGHT HERE AT THIS LOCATION. OKAY, WELL, YOU'RE AT THE BRIDGE AND THE BRIDGE IS AN OVERPASS, UH, THAT GOES, UH, SOUTH PREST GOES OVER THE HIGHWAY AND YOUR PROPERTY'S RIGHT NEXT TO IT. SO THAT MEANS THAT YOU'RE ELEVATED ABOVE THE HIGHWAY AT THIS POINT. UM, AND THEN STANDING AT THE SOUTH BRE BRIDGE, AND IF YOU BRING UP GOOGLE MAP ONE MAP AND YOU POINT, UM, TOWARDS THE NEXT EXIT, UM, DOWN THE STREET, WHICH IS EXXON, UM, WHICH IS BELOW GRADE, YOU CAN SEE THE SIGN FROM THAT EXIT. AND SO, SO, SO THEY'RE ACTUALLY BELOW GRADE, UH, 'CAUSE THERE, IT'S A, YOU KNOW, THEY'RE THE OPPOSITE STRUCTURE FOR YOU, BUT YOU STILL CAN SEE THE SIGN FROM THE ROADWAY. SO I GUESS I'M GOING BACK TO ASK THAT ELEVATIONS, YOU KNOW, SEEMS BE WORKING FOR THEM AND YOU'RE LOOKING TO BE EVEN HIGHER. 'CAUSE I THINK, I BELIEVE THEY'RE AT CODE. AND SO JUST TRYING TO UNDERSTAND THE DIFFERENCES BETWEEN THOSE TWO PROPERTIES. SURE. BUT YOU CAN SEE THEM ONCE YOU'RE THERE. AND, AND SAME THING, YOU'D BE ABLE TO SEE THE LOVE SIGN ONCE YOU'RE AT OUR SIGN, BUT THE EXIT FOR OUR FACILITY IS ABOUT A QUARTER MILE UP. IF YOU, IF YOU COME BACK UP, YOU'RE ACTUALLY HITTING I 10 ACCESS ROAD. IF YOU GO FURTHER TO THE EAST, SEE, SO THERE'S, THERE'S YOUR EXIT. SO FROM THE EXIT IS THE VIEWABILITY, AND NOT ONLY JUST WHERE IT ACTUALLY MERGES IN THAT FOUR 10 ACCESS ROAD, BUT IT'S THE 20 SECONDS TO MAKE A DECISION. AND AGAIN, IT'S, I UNDERSTAND FROM A VISIBILITY STANDPOINT, YOU CAN SEE THE SIGN. OUR, OUR GOAL IS TO ALLOW THE CUSTOMER TO MAKE A DECISION AND MOVE OVER AND ACTUALLY TAKE THE EXIT, WHICH IS AS FAR AS YOU SEE IT THERE, UM, TO BE ABLE TO MAKE A DECISION, YOU KNOW, ONCE YOU SEE THE SITE, ONCE YOU'RE ADJACENT TO US, SURE IT'S GONNA, IT WOULD BE VISIBLE AT 30 FEET, BUT IT'S TOO LATE. YOU'VE ALREADY PASSED THE FACILITY. IT'S TOO LATE TO MAKE THAT DECISION TO, UH, TO COME THERE. AND I DON'T REMEMBER WHO ASKED LAST TIME. ONE THING I SKIPPED OVER WAS PAGE TWO, BUT ONE OF, ONE OF THE COMMISSIONERS DID ASK LAST TIME ABOUT COMPARABLE SIGNS WITH LOVES, UH, WITHIN THE AREA. AND SO WE DID, UH, REACH OUT. SO OUR SAN ANTONIO SITE, WHICH IS A VON ARMY ADDRESS, SOUTH SAN ANTONIO IS, UH, 80 FEET SEIN TEXAS SIGN HEIGHT IS AT 90 FEET, AND THEN NATALIA IS AT A HUNDRED FEET. SO THOSE ARE THE THREE LOVES CLOSEST TO WHERE THIS ONE WILL BE IN, IN THEIR SIGN HEIGHTS. SO AGAIN, I DON'T REMEMBER WHO ASKED ABOUT THAT LAST TIME, BUT I WANNA MAKE SURE THAT I HAD THAT INFORMATION FOR YOU. COMMISSIONER ZUNA, UH, JUST A QUESTION REGARDING THE, THE NEIGHBORHOOD ASSOCIATION. THEY, HOW DID THEY RESPOND THROUGH AN EMAIL OR WAS THAT A, A LETTER THAT WE COULD SEE, OR, I'M JUST CURIOUS AS TO, IT WAS A VOICEMAIL THAT WAS PLAYED ON THE PREVIOUS MEETING SAYING THAT THEY WERE NEUTRAL. UH, THANK YOU. OKAY. MANNA COMMISSIONER MANNA. SO CAN YOU BRING UP THE, AND, AND I'M SORRY, I'M, I'M HARPING ON THE HEIGHT HERE, SO, AND I APOLOGIZE. SO IF YOU GO TO THE, UM, GOLIAD STREET ONTO ONE STOP OR, OR VIA GOOGLE MAP AND POINT TOWARDS THE PROPERTY, UM, YOU CAN SEE THE TELEPHONE POLES ON TOP OF THE INTERSECTION THERE. UH, DO WE KNOW WHAT THE HEIGHTS OF THOSE TELEPHONE POLES ARE? ARE THEY LESS THAN 50 FEET? I WOULD ASSUME SO. AND SO I CAN SEE THE TOP OF THE TELEPHONE POLES FAIRLY WELL. YOU KNOW, UM, IF YOU, IF YOU ACTUALLY GO, UH, GO DOWN AND DO THE WALK ON IT. SO IF YOU HEAD OVER TO, UM, GOLIAD, SO FURTHER, UM, UH, EAST TO THE EAST, YEAH, THAT OVERPASS. YEAH. YEAH. SO DROP IT RIGHT THERE ON THE OTHER SIDE OF GOLIAD ON THE OTHER SIDE THERE, ON THE WEST SIDE OF CONNIE LOOP. THERE WE GO. AND NOW IF YOU POINT THE DIRECTION TOWARDS, THERE WE GO. SO I CAN SEE THE TOP OF THOSE TELEPHONE POLES, WHICH ARE, YOU KNOW, AT, AT MOST 50 FEET. AND SO YOU'RE EXITING FOR 25 FEET ABOVE THAT, RIGHT? SO, RIGHT. YEAH. AGAIN, SO THE VISIBILITY THING, I, I JUST DON'T SEE THAT QUESTION. SO BON CAN'T READ ANYTHING. I HAVE A QUESTION. BON WHAT IS THE DEFINITION FOR VIEWER REACTION? UH, DISTANCE, WHAT'S, WHAT'S THAT DEFINITION? SO THERE'S, THERE'S A CALCULATION. SO WE USE THE UNITED STATES SIGN CODE COMMISSION. UM, THEY HAVE A CALCULATION OF SPEED. UM, SPEED TIMES DISTANCE, UH, GIVES YOU THE READ TIME. AND SO THEY ARE BASED ON, THEY HAVE A BELOW 35 AND THEN O OVER 35. SO BELOW 35 MILES AN HOUR. UM, THEY RECOMMEND AT EIGHT TI EIGHT SECOND READ TIME AND A FOUR SECOND MANEUVER TIME. SO IT GETS YOU AT ABOUT 12 SECONDS. UM, ONCE YOU GO OVER 70, UH, OR OVER 35 MILES AN HOUR, IT GOES UP TO 10. AND THEN WHEN YOU ADD WHAT THEY CALL A COMPLEX LANE SITUATION, THE WAY THEY DESCRIBE A COMPLEX LANE SITUATION IS ANYTIME YOU'RE CROSSING TWO [00:25:01] OR MORE LANES, SO NOT JUST ONE TO GET OVER, BUT TWO OR MORE THAT GETS IT UP TO A 12 SECOND READ TIME OVER 70 OR OVER 35 MILES AN HOUR. IN THIS CASE, YOU'RE AT 75 MILE, UH, MILES AN HOUR. AND THEN THE MANEUVER TIME USING ALL THOSE CALCULATIONS AS WELL, KIND OF GO FROM TWO TO FOUR TO SIX IN THIS CASE, UH, AT 70 MILES AN HOUR, THEY WANT A SIX SECOND MANEUVER TIME. SO 12 SECONDS ALLOWS YOU TO READ IT, MAKE A DECISION. OKAY. THAT'S WHERE I WANT TO GO. THE SIX SECONDS IS TO CHECK YOUR LANES, PUT ON YOUR BLINKER SAFELY, GET OVER, AND THIS IS AVERAGE FOR, FOR A CAR. UM, THEY DON'T HAVE A, THEY DON'T DIFFERENTIATE BETWEEN VEHICLE TYPES, BUT AS YOU ALL KNOW, A A 58 FOOT BIG RIG TRUCK, UH, NEEDS A LITTLE MORE TIME TO MAKE THAT MANEUVER AND EXIT SAFELY. SO HOW MANY LANES IS THIS HIGHWAY? IT'S, IT'S TWO LANE UNTIL YOU GET UP TO THE MERGE WHERE 37 MERGES IN. SO THEN YOU ACTUALLY BECOME A THIRD LANE TO GET TO THE EXIT RAMP. SO YOU'RE, YOU'RE FIGHTING THE 37 TRAFFIC TRYING TO GET ONTO FOUR 10 AS YOU GET ONTO THE SAME ON RAMP. OKAY. WITH THE CALCULATIONS THAT, THAT YOU JUST SAID, DOES, YOU KNOW, WITH THE ORIGINAL HEIGHT OR WITH THE HEIGHT IN COMPLIANCE COMING FROM WESTBOUND AT 0.4 MILES, SO THE VIEW REACTION DISTANCE IS 20 AND A HALF SECONDS. RIGHT? DOES THAT FALL WITHIN THE NUMBERS? IT DOES. IT OF THE STATE CATEGORY DOES. AND, AND AS YOU SEE, AND I GUESS THAT'S THE, WHEN YOU'RE LOOKING AT PAGE FIVE, UM, WHICH IS THE ONE THAT YOU'RE CALLING OUT AND, YOU KNOW, YOU JUST COMPARE THAT TO A, UH, TO WHAT'S VISIBLE ON PAGE 11. SO YOU'VE KIND OF TAKE THOSE TWO, THERE'S SOME VISIBILITY THERE, THERE'S JUST GREATER VISIBILITY WITH WHAT WE'RE REQUESTING FOR. AND OKAY, I GUESS MY QUESTION IS WITH VISIBILITY, WITH COMPLIANCE SIGN BEING IN COMPLIANCE, RIGHT? IS THAT VIEWER REACTION DISTANCE IS 20 AND A HALF SECONDS WITHIN THOSE SAFETY STANDARDS, RIGHT? SO THERE, THERE IS SOME VARIABLE IN, SO THAT DISTANCE DOES GIVE YOU A 20 AND A HALF SECOND RE TIME IF YOU SEE IT. SO AGAIN, BY BEING ABLE TO BE AT THE 75 FEET WITH THE LARGEST SQUARE FOOTAGE, IT'S JUST GOING TO BE VISIBLE A LITTLE BIT FASTER. SO AT HALF, AT A HALF A MILE, YOU'RE NOT VISIBLE AT ALL ON THE, UH, THE COMPLIANCE. UH, YOU ARE VISIBLE AT HALF A MILE ON THE, UM, ON THE INCREASED SIGN. SO REALLY IT'S JUST, AGAIN, THERE IS SOME VISIBILITY THERE. I THINK IF YOU'RE IN THE RIGHT HAND LANE, THERE'S THIS PICTURE INDICATES AND YOU'RE FOLLOW TRAFFIC. IF YOU'RE IN THE LEFT LANE AND THERE'S A VEHICLE BETWEEN YOU AND THE POTENTIAL SIGN, IT, IT ALL, THERE'S A LOT OF FACTORS IN THIS SERGEANT. OKAY. OKAY. FROM, UH, AND THEN THE SPEED LIMIT HERE IS 70, RIGHT? YES, SIR. UH, DO YOU GUYS HAVE NUMBERS ON HOW FAST IT TAKES AN 18 WHEELER TO SLOW DOWN FROM 70 TO THE WHATEVER THE RECOMMENDED, UM, DECELERATION EXIT, EXIT, UH, LIMIT IS, I DON'T HAVE THAT WITH ME TODAY. OKAY. WE, WE CERTAINLY TYPICALLY DO, I MEAN, IT'S SOMETHING THAT YEAH. HAVE ON FILE YEAH. MEAN THERE'S SOMETHING THERE THAT 10 WHEELER TRAVELING AT 70 NEEDS X AMOUNT OF SECONDS IN ORDER TO MEET WHATEVER THE EXIT SPEED LIMIT IS, RIGHT? MAYBE THERE'S SOMETHING THERE, BUT, UM, YEP. OKAY. THANK YOU. YES, SIR. THANK YOU. ANYONE ELSE? UH, AND THERE'S NO PUBLIC COMMENTARY ON FOR TODAY. ONE VOICEMAIL. ONE VOICEMAIL. LET'S HEAR THE VOICEMAIL BACK. 1603 TARTAN LANE. UM, CALLING ON AGENDA ITEM NUMBER TWO, BOARD OF ADJUSTMENT NUMBER, UH, 24 DASH 1 0 3 0 0 0 1 7. REQUEST FOR VARIANCE ON 25 FOOT HEIGHT ADJUSTMENT ON A 50 FOOT SIGN. AND, UM, A 594 FOOT SIX INCH VARIANCE ON THE, ON THE TOTAL SIGN SIZE. UM, I OBJECT TO THIS, UH, VARIANCE BEING GRANTED. THE, THE, IT'S WELL BEYOND THE STANDARDS SET BY THE CITY THAT MAKES IT FAIR TO ALL BUSINESSES. UM, YEAH, I DON'T BELIEVE IT'S NECESSARY AT THAT SITE. UH, WHILE IT IS A TRAVEL CENTER THAT'S COMING IN, THE, UM, T DOT DOES PROVIDE OTHER MEANS OF NOTIFICATION TO TRAVELERS OF UPCOMING BUSINESSES. AND IT WOULD BE UNFAIR TO THE COMPETING BUSINESS AT ONE CORNER OF THAT PROPERTY, UM, TO HAVE A SIGNED, HAVE A SIGN THAT IS BOTH HIGHER AND AND LARGER THAN THEIR OWN SIGN AND JUST CONTRIBUTES TO ALL SIGNS, HEIGHTS BECOMING TALLER AND LARGER. IF WE GRANT, CONTINUE TO GRANT VARIANCES SUCH AS THIS, PLEASE DENY THIS, THIS REQUEST. THANK YOU FOR YOUR TIME. [00:30:01] ALRIGHT. UH, IF THERE'S NO MORE COMMISSIONER QUESTIONS, UH, JUST ONE MORE, UH, COMMISSIONER, BE DENISE. UH, LOOKING AT PAGE FIVE AND 11 COMING WESTBOUND. SO THE DIFFERENCE, SO REALLY THE, THE REAL DIFFERENCE IS 'CAUSE WITH WHEN WE COMPARE THE VIEWER REACTION DISTANCE AT 0.4 MILES FROM BOTH OF THEM, IT'S STILL THE SAME AT 20 AND A HALF. THAT REALLY DOESN'T CHANGE. SO WHAT WE'RE LOOKING AT REALLY IS THE DISTANCE AT HALF A MILE THAT GIVES THEM THAT ADDITIONAL FIVE, FIVE OR SO SECONDS, 5.1 SECONDS, RIGHT? IT'S THE REAL THING THAT, THAT CHANGES HERE IS THEM BEING ABLE TO SEE IT EARLIER AND GETTING THAT EXTRA FIVE SECONDS, RIGHT? YES, SIR. YES, SIR. IT'S JUST, AGAIN, IT'S, IT'S ABOUT VISIBILITY, BEING ABLE TO MAKE A DECISION AND, AND EXIT SAFE. BUT WITH ANYTHING UNDER THAT HALF MILE 0.4 MILE 0.3 MILE, THE, THE VRD IS STILL THE SAME. IT IS, YEAH. YOU, YOU JUST LOSE THAT REACTION TIME AND OBVIOUSLY A CAR IS MORE LIKELY TO BE ABLE TO MAKE A DECISION. AND THAT TIMEFRAME STILL, I MEAN, UNLESS UNTIL YOU GET TO ABOUT 0.2, IT'S, YOU'RE ALMOST, YOU'RE TOO LATE. HOPEFULLY NO ONE'S TRYING TO MAKE THAT TURN, BUT, UM, BUT YES, SIR, YOU KNOW. ALL RIGHT. AND BEFORE MOTIONS READ, I JUST WANNA BE CLEAR THAT, UH, THE, THE 75 FEET IS NOT SOMETHING YOU CAN REQUEST A, A REDUCTION IN ANY FORM, BUT THE AREA IS GOING DOWN TO 6 91. RIGHT? WERE YOU, WERE YOU WILLING TO OFFER ANY REDUCTION IN THE HEIGHT YOU'RE ASKING FOR? WE ARE. AND THAT'S, THAT'S WHERE I SAID THE, THE LAST, UM, THE LAST EXHIBIT THAT I GAVE WAS AT A 65 FOOT HEIGHT. OKAY. SO WHOEVER READS THE VARIANCE, THE APPLICANT IS STATING HE COULD LIVE WITH A 15 FOOT VARIANCE TO THE HEIGHT TO ALLOW A HEIGHT OF 65 FEET. AND JUST TO CLARIFY, UH, SO YOU SAID IT WAS 6 91 0.8, IS THAT WHAT YOU'RE SAYING? THAT'S, THAT'S, YES, THAT IS. I RECOMMEND S 6 92. YEAH. OKAY. YEAH. THANKS. THANKS FOR CLARIFYING THAT. UH, SO 6 92, UH, WHICH IS A VARIANCE OF 317. ALRIGHT, SO WHO WOULD LIKE TO MAKE A MOTION? I DOING IT? UH, I'LL GIVE IT TO KAPLAN. SHE ALREADY ASKED . WELL, IF YOU REALLY WANNA DO IT, WELL, SOMEBODY DO. I'LL READ A MOTION. YOU COULD. OKAY. REGARDING CASE NUMBER BO OA DASH 24 DASH 0 3 0 0 0 7, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR ONE, A 15 FOOT HEIGHT VARIANCE FROM THE 50 FOOT SIGN HEIGHT MAXIMUM TO ALLOW A SIGN TO BE 65 FEET IN HEIGHT. AND TWO, A 317 SQUARE FOOT VARIANCE FROM THE 375 FOOT, UH, SQUARE FOOT MAXIMUM TO ALLOW A SIGN TO BE 692 SQUARE FEET, SITUATED AT 9 4 2 5 SOUTH PREST STREET, APPLICANT BEING ERICA MARLOWE. BECAUSE THE TESTIMONY PRESENTED TO US THE FACTS THAT WE HAVE DETERMINED SHOWS THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMEND WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY. THE VARIANCE IS NECESSARY BECAUSE STRICT ENFORCEMENT OF THIS ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNS ON THE SITE. CONSIDER THE UNIQUE FEATURE OF THE SITE SUCH AS DIMENSIONS, LANDSCAPES, TOPOGRAPHY, AND, AND, OR A DENIAL OF VARIANCE WOULD PROBABLY CAUSE CESSATION OF LEGITIMATE, LONGSTANDING ACTIVE COMMERCIAL USE OF THE PROPERTY. UH, THE PROPERTY CURRENTLY QUALIFIES FOR A SIGNED SQUARE FOOTAGE OF 375 SQUARE FEET AND A HEIGHT OF 50 FOOT. THE REQUESTED VARIANCE WILL NOT CAUSE THE SENSATION OF LEGITIMATE, UH, STANDING ACTIVE COMMERCIAL USE OF THE PROPERTY. THREE, AFTER SEEKING ONE OR MORE OF THE FINDINGS SET FORTH IN SUB-PARAGRAPH ONE AND TWO, THE BOARD FINDS THAT ONE A, THE GRANTING THE VARIANCE DOES NOT PROVIDE THE APPLICANT WITH A SPECIAL PRIVILEGE, NOT ENJOYED BY OTHER SIMILARLY SITUATED OR POTENTIALLY SIMILARLY SITUATED. UM, THE PROPOSED SIGN SQUARE FOOTAGE SIGN HEIGHT DOES NOT APPEAR TO PROVIDE A SPECIAL PRIVILEGE AS THERE ARE NO OTHER NEARBY SIGNS DUE TO THE SIZE OF THE LOT. AND B UH, GRANTING THE VARIANCE WOULD NOT HAVE A SUBSTANTIALLY ADVERSE IMPACT ON NEIGHBORING PROPERTIES. THE PROPOSED VARIANCE WILL NOT HAVE AN ADVERSE IMPACT OF THE NEIGHBORHOOD PROPERTIES. NEIGHBORING PROPERTIES OF THE PROPERTY IN QUESTION IS OVER 16 ACRES. UH, C GRANTING THE VARIANCE WILL NOT SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSE OF THIS ARTICLE. THE VARIANCE REQUESTED DOES NOT APPEAR TO SUBSTANTIALLY CONFLICT WITH THE STATE OF PURPOSE OF THE CHAPTER. THE VARIANCE IS TAKEN INTO ACCOUNT THE LOCATION OF THE PROPERTY AND THE EXPRESSWAY LOCATION. END OF MOTION. SECOND. SECOND BY COMMISSIONER KAPLAN. COMMISSIONER ZUNA. RIGHT. SO I THINK THE APPLICANT HAS MADE GOOD FAITH EFFORT IN REDUCING THE REQUEST FROM THE INITIAL REQUEST, UH, TO THE 65 FOOT HEIGHT AND THE 692 SQUARE FEET. UM, THIS IS AN ISSUE I BELIEVE, OF SAFETY, UH, OF BEING ALLOW, ALLOWING THE, UH, UH, THE TRUCKERS TO IDENTIFY THE SIGN, UH, EARLY ENOUGH TO MAKE THAT LANE CHANGE NECESSARY FOR THE LOCATION. ALSO, UH, THE SIGN IS OUTSIDE OF THE VIEW CORRIDOR THAT WOULD'VE BEEN ADDITIONAL, UM, UH, CONSTRAINT ON THE PROPERTY AND IT WOULD NOT GIVING THE VARIANCE WAS, WOULD POTENTIALLY LEAD TO THE PROJECT NOT PROVIDING, YOU KNOW, VIABLE TAXABLE, UH, PROPERTY AND INCOME FOR, UH, FOR [00:35:01] THE CITY. ALSO, THERE'S NEARBY SIGNS THAT ARE WELL ABOVE THE HEIGHT LOOK HEIGHT, UH, REQUESTED HERE AT THE 80 FOOT HEIGHT OF VON ARMY, 90 FOOT IN SENA, AND A HUNDRED FOOT NAT IN NATALIA. SO, I MEAN, I THINK THE REQUEST IS REASONABLE AND THE APPLICANT HAS MADE ADJUSTMENTS WHEREBY TO TRY TO CONFORM WITH, UH, WITH THE CITY AND WHAT THEY'RE REQUESTING HERE. COMMISSIONER KAPLAN? YEAH, I HAVE A DIFFERENT TAKE ON THIS. UM, I AM NOT IN FAVOR OF THIS, UH, FOR THE REASONS THAT WE DISCUSSED. ONE IS THAT THE PROPERTIES ELEVATION WOULD ALLOW TRUCKS TO SEE IT. I THINK THAT THERE'S OTHER FORMS OF SIGNAGE ALONG THE HIGHWAY THAT CAN BE USED TO NOTIFY TRUCKERS AND, UH, AND MOTORISTS, UH, OF THE EXISTENCE OF LOVES. UM, AND OBVIOUSLY THERE'S SOME COMMUNITY OPPOSITION TO DOING THIS. UM, THERE IS A SIGN NEXT, THERE IS A EXXON MOBIL, WHICH IS AT HEIGHT, REGULAR HEIGHT NEXT DOOR. AND I THINK IT WOULD BE AN UNFAIR ADVANTAGE TO, UM, GIVE LOVES, UH, A MUCH LARGER HEIGHT THAN THAT. SO FOR THOSE REASONS, I'M NOT FOR IT. MANNA COMMISSIONER MANNA. SO, YOU KNOW, I, I, I GUESS I DO HAVE A CHALLENGE WITH THE PAGE ON, OR WITH THE PICTURES ON PAGE FIVE, BECAUSE I CAN SEE TELEPHONE POLES, THE TOPS OF TELEPHONE POLES EASILY. AND, YOU KNOW, THEY'RE INDICATING THAT THEIR SIGN IS BELOW THAT. AND AS I SAID EARLIER, THE TELEPHONE POLES ARE AT MOST 50 FOOT, SO YOU WOULD BE ABLE TO SEE THE SIGNS IN THE FIRST PICTURE. SO, SO I, YOU KNOW, I, I GUESS I'M A LITTLE CONCERNED WITH REGARDS TO THE PICTURE. UM, SECOND, YOU KNOW, THE CITY OF SAN ANTONIO DID HAVE A SIGNED, YOU KNOW, A A SIGNED COMMITTEE, YOU KNOW, THAT WORKED WITH BUSINESSES IN THE COMMUNITY, YOU TO COME UP WITH THE SIGNS. AND THIS IS WITHIN THE CITY. SO, SO I I'M GOING TO RESPECT WHAT THE, YOU KNOW, WHAT THE CITIZENS AND THE CITY, UH, DETERMINED, UH, IN AN EARLIER SPACE. AND SO I WILL BE NOT IN FAVOR OF THIS. OKAY. ANY OTHER COMMISSIONERS' LIKE TO ADD? I'LL GO AHEAD AND ADD, I'M GONNA BE IN SUPPORT OF THIS ONLY BECAUSE, UM, I, I THINK THAT BECAUSE IT'S A TRUCK STOP AND THEY'RE CATERING TO 18 WHEELERS, UM, THAT, THAT DOES A LITTLE MORE FOR ME AND THAT THE EXXON STATION IN QUESTION IS, IS MORE OF A, UM, PASSENGER CAR TYPE OF EXXON AND NOT A BIG TRUCK STOP. SO I THINK THIS A, A, A BETTER SEPARATION OF THE TWO SIGNS IS A LITTLE MORE WARRANTED IN THIS PARTICULAR CASE. SO I'LL BE IN SUPPORT. SO WITH THAT, LET'S HAVE A ROLL CALL. VOTE. COMMISSIONER ZUNA? YES, I CONCUR. COMMISSIONER KAPLAN? I DO NOT CONCUR. COMMISSIONER BURTON? YES, I CONCUR. COMMISSIONER STEVENS. I DO NOT CONCUR. COMMISSIONER BONIS? I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER MANA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BEAVIS? I CONCUR. COMMISSIONER EZ. I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. UH, MOTION FAILS. SEVEN TO THREE. UH, SO YOU, YOU CAN STILL APPEAL TO CITY COUNCIL, BUT GET WITH STAFF IF YOU HAVE ANY QUESTIONS. OKAY, THANK YOU VERY MUCH. THANK YOU FOR YOUR TIME. MM-HMM. ITEM THREE, PLEASE. OKAY. OKAY. UH, ALFONSO CAMACHO, SENIOR PLANNER, UH, BOA DASH 24, UH, 1 0 3 9. UH, THE PROPERTY IS UH, 2 2 1 4 3 ROAD COUNCIL DISTRICT NINE. THE APPLICANT IS SSC SIGNS AND LIGHTING. THE REQUEST IS FOR AN 80 FOOT VARIANCE FROM THE, UH, PC ONE CORRIDOR REQUIRING REQUIRED 200 FOOT DISTANCE SEPARATION FROM A FREE, ANOTHER FREESTANDING COMMERCIAL SIGN TO ALLOW A 120 FOOT DISTANCE BETWEEN FREESTANDING COMMERCIAL SIGNS. THIS PROPERTY IS ZONED, UH, GENERAL COMMERCIAL WITHIN THE VERDE ROAD PRESERVATION CORRIDOR. THE SUBJECT PROPERTY IS LOCATED AT THE CORNER OF EAST EVANS ROAD AND ON BULL VERDE ROAD NORTH OF HIGHWAY 1604, THE APPLICANT IS REQUESTING A VARIANCE TO REDUCE THE FREESTANDING SIGNAGE SEPARATION DISTANCE FROM 200 FEET TO 120 FEET PER THE VERDE ROAD PRESERVATION CORRIDOR PLAN, IF APPROVED, THE SIGN WILL BE LOCATED 120 FEET FROM THE NEAREST FREESTANDING SIGN. THIS IS THE SITE PLAN SHOWING THE APPROXIMATE LOCATION OF THE PROPOSED SIGN AND THE EXISTING SIGN LOCATED TO THE SOUTH OF 120 FEET. UM, THIS IS A SITE PLAN, UM, SHOWING THE EXISTING EASEMENTS ON THE PROPERTY. UM, DUE TO THE REQUEST, UM, OF THE LOCATION OF THAT SIGN, THERE ARE EXISTING, UH, 10 FOOT, UM, WATER EASEMENT. OKAY. UM, THIS IS A PROPOSED RENDERING OF THE FREESTANDING SIGN. UM, THIS IS A PHOTO OF THE PROPERTY OFF [00:40:01] OF EAST EVANS. LOOKING AT THE LOCATION OF WHERE THE PROPOSED SIGN WOULD BE, THIS IS A VIEW, UM, ON THE PROPERTY FROM VERDE ROAD. UM, TOWARD THE CENTER, YOU'LL SEE THE EXISTING FREESTANDING SIGN. AND HERE'S ANOTHER, UH, VIEW FROM, UM, BULL, UH, EAST EVANS, UM, ROAD, LOOKING AT THE LOCATION AND THE INTERSECTION. ALRIGHT, UH, THEREFORE STAFF RECOMMENDS, UH, DENIAL AND BO OA DASH 24 DASH 1 0 3 0 9. BASED ON THE FOLLOWING FINDINGS OF FACT SEPARATION FROM THE VERDE ROAD PRESERVATION CORRIDOR STANDARDS, UH, WILL ALTER THE CHARACTER OF THE DISTRICT. AND NUMBER TWO, NO OTHER SIMILAR SEPARATION DIS DISTANCES FOR SIGNAGE WERE OBSERVED IN THE AREA. STAFF MAILED, UH, 55 NOTICES RECEIVED ONE IN FAVOR, ZERO IN OPPOSITION. AND THERE ARE NO REGISTERED NEIGHBORHOOD ASSOCIATIONS. THIS CONCLUDES STAFF PRESENTATION AND THE APPLICANT IS AVAILABLE TO ANSWER QUESTIONS. ALRIGHT, THANK YOU. UH, LET'S HAVE THE APPLICANT COME FORWARD. ALRIGHT. STATE NAME, STATE YOUR NAME, TELL US YOUR NAME. NAME IS MARK ULRICH. I'M WITH SSC SIGNS. OKAY. UM, CAN I ASK YOU GUYS TO GO BACK ONE PAGE? UH, THE NEXT ONE, PLEASE? NO, YOU, WE HAD THE TWO LISTINGS WHERE YOU GUYS JUST MENTIONS THERE WAS NOTHING. THE ONE BEF IT WAS JUST THE STATE AND THE NOTIFICATION PLAN, YOUR NOTIFICATION PLAN. IT HAD TWO ITEMS ON IT. UM, YEAH, RIGHT. JUST ONE PAST IT. THE ONE BACK RIGHT THERE. NUMBER TWO, NO OTHER SIMILAR SEPARATION DISTANCES FOR SIGNAGE WERE OBSERVED IN THE AREA. WE APPLIED FOR THE SIGN PERMIT AND HAD IT APPROVED IN NOVEMBER OF 22. UH, GENERAL CONTRACTORS BASICALLY HELD THIS CUSTOMER AT HOSTAGE FOR THE LAST TWO YEARS. WE WERE PLANNING ON PUTTING THIS UP. FIRST QUARTER OF 23. WE REAPPLIED AGAIN IN OH SEVEN, GOT ANOTHER PERMIT FOR THE EXACT SAME LOCATION BETWEEN THAT PERMIT EXPIRED TO USE OF THE SAME GC PROBLEMS. WE HAVE BUILDING SIGNS UP. THESE PEOPLE ARE READY TO OPEN ON THE INSIDE. THEY'RE NOT COMPLETING THE OUTSIDE. WE CAN'T PUT UP OUR MENU BOARDS AGAIN. SO WE'RE WAITING ON THE GC. WE'RE SUPPOSED TO DO THE GROUNDWORK FOR OUR MENU BOARDS AS WELL AS FOR OUR POLE SIGN TO BE SET. THAT SIGN THERE NOW IS 157 FEET AWAY FROM THE BURGER KING SIGN. SO THAT SIGN DEFINITELY IS, UH, THE NUMBER TWO. THERE'S A SIGN RIGHT THERE THAT PUTS US NOW, WE'RE NO LONGER LEGAL, SO WE ARE, WE'RE NOW ON OUR THIRD ATTEMPT TO OBTAIN A PER OR GETTING PERMIT FOR THE THIRD TIME FOR THIS SIGN. WE WERE DENIED BECAUSE OF THAT SIGN POPPING IN. AND IT'S NOT ON OUR PROPERTY, BUT IT'S LITERALLY ABOUT SIX FEET AWAY FROM OUR PROPERTY LINE. AND THAT'S BETWEEN THE BURGER KING. WE WERE OVER 200 FEET BEFORE FROM THE BURGER KING SIGN. BUT NORMALLY I, I'VE DONE THIS FOR 32 YEARS. I'M NOT SAYING THAT, BUT I SEE THE 200 FOOT SEPARATION A LOT IN A LOT OF CITIES THAT'S NORMALLY ON THE EXACT SAME PLOT WHERE A, WHERE A LANDLORD HAS A LARGE 10, YOU KNOW, LARGE COMPLEX OF TENANTS, ALL ADJOINED. AND THEY'LL HAVE ONE SIGN HERE AND EVERY 200 FEET, THEY'RE ALLOWED TO HAVE ANOTHER ONE. AND IT GOES TO MORE OF A MULTI-TENANT. ONE. SO EVERYONE CAN ENJOY GETTING SOME ACTUAL STREET SIDE SIGNAGE. AND YOU KNOW, THESE GUYS, THEY JUST KIND OF GOT THE , GOT THE BEAT DOWN FROM A CONTRACTOR. THEN THAT HTO SQUEEZING A SIGN IN FROM A DIFFERENT PROPERTY. IT REALLY SEEMS WEIRD HOW A SEPARATE PLA WOULD THROW OFF SOMEONE WHO BOUGHT A CORNER PROPERTY THAT COSTS A LOT MORE THAN AN INTERIOR PROPERTY FOR VISIBILITY. AND NOW THEY CAN'T HAVE A SIGN. 'CAUSE HUO PUT THEIR SIGN IN THERE. OKAY. WHAT I'M GONNA DO AT THIS TIME, IT'S, IT'S A LITTLE UNORTHODOX, BUT I'M GONNA HAVE THE SIGN, UH, CONTRACT, UH, SIGN REPRESENTATIVE FROM THE CITY COME UP. OKAY. I, I WANT, I NEED SOME CLARIFICATION. SURE. QUESTIONS ASKED BEFORE WE START HEARING MORE TESTS. I SIT DOWN THEN. YES, PLEASE. OKAY. AND SO WHAT I WHAT I'M, WHERE I'M GOING WITH QUESTIONS IS, UH, ONE, UH, YOU KNOW, OBVIOUSLY THE RED OUTLINE OF THIS TRACK LOOKS LIKE THERE'S ONE PLAT THAT, THAT DODGES THE H THE H TWO OH WHATEVER BUSINESS. AND THE BURGER KING, THERE'S A SIGN MASTER PLAN. THERE IS A SIGN MASTER PLAN. DOES IT INCLUDE THE NON PLATTED PORTIONS? NON PLATTERED PORTIONS? WELL, I MEAN THE OUTSIDE OF THIS DEVELOPMENT, SO WHAT WE HAVE, IF YOU BRING THAT, SO IN THIS DEVELOPMENT, YOU SEE THE RED OUTLINE? YES. SO WE'VE GOT THREE PAD SITES THAT EXIST OUTSIDE OF THAT, THAT SINGULAR PROPERTY DOES IT. SO DOES A MASTER SIGN PLAN INCLUDE THE ENTIRE, UH, RECTANGULAR PIECE OF PROPERTY, INCLUDING THESE THREE OUTLIER LOTS? UH, AND, AND THEN, AND PLEASE TALK ABOUT HOW THAT H2O SIGN GOT APPROVED. LIKE, YOU KNOW, THE, THE SPECIFICS [00:45:01] OF HOW THIS IS REVIEWED. AND THEN FINALLY, I HATE TO KEEP ADDING MORE STUFF TO YOU, BUT, UH, THAT WE HEAR TESTIMONY THAT HE RECEIVED A PERMIT FOR A SIGN IN 2022. AND TO YOUR KNOWLEDGE, WAS THERE ANY EXTENSION OF THAT PERMIT OR DID IT JUST GO AWAY 'CAUSE OF DORMANCY? THAT'S A LOT. JUST ASK ME TO REPEAT A QUESTION AGAIN. , SORRY. OKAY. I'M GONNA TRY TO ANSWER 'EM AS BEST AS I CAN. SO THE, THE SIGN ACTUALLY EX, THERE WAS A PERMIT, UH, ISSUED, BUT IT EXPIRED, SO NO ACTION WAS EVER TAKEN ON IT. THEN THEY ENTERED INTO A SIGNED MASTER PLAN, WHICH, UH, MADE ALL THESE PROPERTIES BASICALLY ONE PROPERTY. UM, WHEN YOU SAY THREE, I DON'T SEE THREE. I SEE. SO YOU SEE WHERE IT SAYS, UH, RESTAURANT AND THEN IT LOOKS LIKE IT'S AN INGERS AXIS, A THIN STRIP. I'M GOING DOWN, UH, VERDE AND THEN IT, AND THEN THERE'S TWO MORE APPARENT PLATTED LOTS THERE. THOSE TWO LOTS, RIGHT? YEAH. BUT THEY'RE NOT, THOSE TWO ARE PROBABLY OUTSIDE OF THE SMP. SO EVERYTHING ELSE OKAY. IN THE BO VERDE AND THE EVANS CORNER IS IN THE SMP, THEY'RE IN THE SIGN MASTER PLA, THEY'RE INCLUDED. AND THAT SIGN MASTER PLAN WAS APPROVED, UH, WITH THE BURGER KING SIGN IN PLACE OR WITHOUT. GOOD. I GUESS WHAT I'M GOING IS, IS THAT IF YOU HAVE A SIGNED MASTER PLAN, BUT THEN YOU'VE GOT THREE PLATTED LOTS THAT ARE OUTSIDE OF THE PROPERTY IN QUESTION, DID THEY GET TO HAVE THEIR OWN SIGN? NO MATTER WHAT THEY DO? THEY DO. OKAY. EACH SEPARATELY PLATTED LOT GETS TO MAINTAIN THEIR OWN SIGN. OKAY. SO THAT'S, I GUESS THAT'S WHAT I'M TRYING TO FIND OUT IS WHY THEY COULD HAVE A SIGN AND, AND, AND THEN THIS APPLICANT MAY NOT BE ABLE TO, 'CAUSE HE'S PART OF A MASTER SIGN. A SIGN MASTER PLANNER. CORRECT. OKAY. SO THEN THE SPACING BECOMES AN ISSUE IN SIGN MASTER PLANS, IT BECOMES 200 FEET VERSUS THE 150 NORMAL FEET. UM, WHEN YOU HAVE ONE, ONE SINGLE PLAT. SO THIS APPLICANT CANNOT DO HIS OWN SIGN UNLESS THERE'S AN ADJUSTMENT TO THE MASTER SIGN PLAN. CORRECT. AND WHO APPROVES THE MASTER SIGN PLANS ADMINISTRATIVELY? OR DOES THAT GO TO A GOVERN? UH, A BOARD ADMINISTRATIVE? IT'S ALL ADMINISTRATIVELY. OKAY. ALL. SO IS THERE ANY BUT IT'S REGISTERED WITH THE CITY OF SAN ANTONIO IN THE BEXAR COUNTY RECORDS. SO, OH, IT'S RECORDED. IT'S RECORDED DOCUMENT. UH, COMMISSIONER CAP. YEAH, I HAVE, I HAVE A QUESTION, UM, JUST FOR CLARIFICATION. OKAY. SO CAN YOU SHOW ME WHERE THIS SIGN IS SUPPOSED TO BE GOING AND WHERE ON THAT LARGE LOT? THE OTHER SIGN IS YOU WANT ME TO DO IT? YEAH. OH, WHOEVER, WHOEVER. THERE'S A LASER POINTER UP THERE AND HOPEFULLY THERE YOU GO. OH, THIS LANE OF WORK. I'M TRYING. OH, THAT I, I SHOULD BE ABLE TO SEE. WE'RE RIGHT HERE ON THE CORNER. THEY SQUEEZE THAT THTO RIGHT THERE ON THAT SIDE. BURGER KING'S RIGHT AROUND HERE. OR MAYBE BURGER KING'S. YEAH, WE'RE THE CORNER LOT. SO I WHERE DID YOU WANNA PUT THE, YOUR SIGN WHERE WE ALWAYS HAD IT SITTING RIGHT ABOUT THERE. AND THAT'S OVER 57 FEET? NO, WE WOULD BE, WE'LL BE 127 FEET AWAY FROM THE NEW SIGN. HTO PUT UP THAT'S RIGHT HERE. OR EXCUSE ME, HTO PUT THEIR SIGN RIGHT HERE. OKAY. SO MS. AND WE'RE TRYING TO GO 120 FEET AWAY FROM THEIR SIGN THIS WAY. AND BURGER KING'S RIGHT ABOUT HERE. YEAH. AND HOW MANY FEET? BURGER KING IS THE BURGER KING FROM H HT BURGER. H TWO OH IS 1 57. AND I WA I, I TAKE THEY'RE HUNDRED 57. BUT IT'S BECAUSE THEY'RE NOT IN THE SIGN DISTRICT THAT THEY'RE OKAY. IS THAT BA BAAM? I, THIS IS ALL NEW TO ME. UM, I SHOULD ASK THE, WHEN WE APPLIED THAT, WE HAD NO IDEA OF A SIGN. I THINK THIS HAPPENED. YEAH. SO I'M GONNA CLARIFY THAT. SO YOU, WE HAVE FOUR PIECES OF PROPERTY, THAT LARGE ONE, UH, THEN WE HAVE THE THREE PAD LOTS. YOU KNOW, THE THREE PAD LOTS CAN HAVE THEIR OWN SIGN. IT'S, IT, IT NO MATTER WHAT PART OF THE SIGN, NO MATTER WHAT. OKAY. UH, THIS PROPERTY IN QUESTION AND THIS APPLICANT'S PROPERTY IS PART OF A MASTER SIGN PLAN. UH, AND THAT DOESN'T INCLUDE A SIGN WHERE HE WOULD LIKE ONE. AND THAT'S WHY WE'RE, WE'RE REVIEWING THIS TODAY. SO, MR. CHAIR, EVEN IF, SO IF WE GRANT THIS VARIANCE, WOULD THAT STILL HAVE TO BE A, UM, MODIFICATION TO THE, TO THE SIGN MASTER PLAN? THAT'S A QUESTION FOR THE CITY. UM, SO IF, IF THE CITY, UH, IF, IF WE APPROVE THIS TODAY, IS THAT A DEFACTO AMENDMENT TO THE MASTER SIGN PLAN OR DOES IT FORCE THE APPLICANT TO MAKE AN AMENDMENT TO THE MASTER SIGN PLAN? HOW DOES THAT WORK? YEAH, I BELIEVE IF, IF YOU FIND IN FAVOR OF THE APPLICANT, IT WOULD BE A, UM, BASICALLY AN, UH, AN AMENDMENT TO OR SO TO SPEAK OF THE, OF THE SIGN MASTER PLAN. BUT WE CAN WE'LL VERIFY THAT. I'M JUST CURIOUS IF, IF, BECAUSE WE'RE HEARING FROM AN APPLICANT FROM ONE PARTICULAR BUSINESS AND YOU MAY NOT BE REPRESENTING THE OWNERSHIP OF THE ENTIRE CENTER THAT, OKAY, SO THAT'S, AND THE QUESTION IS, WHEN DID THIS SIGN THING GO INTO, INTO EFFECT? WHEN DID THIS MASS SIGN MASTER PLAN GO INTO EFFECT? I DON'T REMEMBER. WAS IT BEFORE 2022? I DON'T REMEMBER. OKAY. [00:50:01] MANNA. OH, COMMISSIONER MANNA. SO, UM, HERE'S THE QUESTION IS RIGHT NOW THE, THE DIALOGUE IS THE SIGNAGE BEING OFF OF, UH, VERDE? UM, BUT IF WE MOVE IT TO EVANS, DOES IT, DOES IT CHANGE THE COMPLIANCE FROM A DISTANCE PERSPECTIVE? UM, YOU KNOW, WHERE IT'S NOW BEING ADDRESSED OR THE SIGNS BEING ADDRESSED OFF OF, OFF OF EVANS ROAD? IS IT STILL 150 FOOT OR 200 FOOT PIECE? ARE YOU ASKING ME THAT QUESTION? ACTUALLY, ACTUALLY IN THE CITY HERE, SO ACTUALLY IT DEPENDS BECAUSE THERE MIGHT BE OTHER SIGNAGE THERE ALREADY. BECAUSE IT BEING THE SIGN MASTER PLAN, A LARGE SIGN MASTER PLAN, THEY CAN PUT ANYWHERE ON THAT FROM EVANS ALL THE WAY, LET'S SAY ALL THE WAY TO BECK WOOD, ANYWHERE IN THERE. THEY COULD ALL ADVERTISE AND IT'S OKAY. IT'S NOT OFF PREMISE ADVERTISING AT THAT POINT. IT'S ALL ON PREMISE. 'CAUSE IT BECOMES ONE LARGE PROPERTY. AND SO SALADS TO GO IS PART, IS ENCOMPASSED AS PART OF THAT ONE LARGE PROPERTY. OKAY. BUT THERE HAS TO BE AVAILABLE SIGNAGE SLOTS. 'CAUSE WHEN THEY DEVELOP A SIGN MASTER PLAN, THEY'RE SAYING WE'RE ALLOWED 20 SIGNS. BUT THEN THEY SAY BY GOING INTO A SIGN MASTER PLAN AND BEING ABLE TO ADVERTISE EVERYWHERE, THEY'RE SAYING, WELL, WE'RE GOING TO, BEING ABLE TO DO THAT, WE'RE GONNA GO DOWN TO 10. SO THEY'RE GIVING UP SOMETHING. YOU ALWAYS HAVE TO GIVE UP SOMETHING WHEN YOU'RE, WHEN YOU'RE ENTERING INTO A SIGN MASTER PLAN. WHAT, SEE, WHAT'S CONFUSING TO ME IS IF THERE IS A MASTER SIGN PLAN AND THAT SIGN PLAN ALLOWS FOR ADVERTISEMENT FOR THIS CORNER LOT ALREADY, AND THEY ALREADY HAVE, YOU KNOW, A DOCUMENTED, YOU KNOW, APPROVAL WITHOUT, WITHOUT SEEING THAT MASTER SIDE PLAN, I JUST, IT, IT'S HARD FOR ME TO, BECAUSE IT, IT WOULD MATTER TO ME IF THEY DIDN'T HAVE ADVERTISING RIGHTS OR SOMETHING ON ANOTHER SIGN. YOU KNOW WHAT I MEAN? HOW, HOW FAST CAN WE GET A COPY OF THAT MASTER SIGN PLAN? I JUST GOTTA GO DIG IT UP. AND, AND MY QUESTION TRULY WAS RELATING TO CAN THIS BE GRANDFATHERED IF THEY GOT APPROVAL, INITIAL APPROVAL, 1122. SO HERE'S, SO HERE, LET'S, AND THE SIGNAGE WAS AFTER. YEAH. SO LET'S, IN, IN THE INTEREST OF TIME HERE, WE CAN TABLE THIS ITEM AND ALLOW THE CITY TO, TO LOOK THAT UP SO THAT WE CAN HAVE A BETTER CLARITY OF WHAT WE'RE ACTUALLY VOTING ON. UH, SO AT THIS TIME, I'M GONNA TABLE ITEM NUMBER THREE UNTIL, UH, LATER IN THE MEETING OKAY. THAT WE CAN GET SOME OF THESE QUESTIONS ANSWERED. AND, UH, SO DON'T GO ANYWHERE, SIR. I WON'T. OKAY. THE RESTROOM. . OKAY. SO WE'RE GONNA MOVE ON. THANK YOU FOR, UH, FOR THE INFORMATION. SO THANK YOU MR. CHAIR. UH, YES. UM, IF POSSIBLE, COULD WE GO AHEAD AND MOVE UP CONSIDERATION OF THE RESCHEDULING OF THE BOARD MEETING? YEAH. JUST IN CASE YOU GUYS DO, UM, WHEN, WELL, ACCORDING TO THE POLL, DO YOU WANT TO CHANGE THE DATE? SURE. SO, SO WE SHOULD DO THAT OFFICIALLY IN CASE ANY OTHER CASES GET CONTINUED TO THAT DATE. THAT IS CORRECT. SO WE'RE GONNA MOVE ITEM 12 UP AT THIS POINT, THE CONSIDERATION OF RESCHEDULING THE MEETING FROM THE EIGHTH, APRIL 8TH TO APRIL 15TH. THIS IS DUE TO THE TOTAL SOLAR ECLIPSE AND, UH, THE POSSIBILITY OF A LOT OF MEMBERS NOT BEING ABLE TO BE PRESENT. SO WITH ITEM 12 ON THE AGENDA, UH, IS THERE ANY BOARD MEMBERS, UH, WHO WOULD LIKE TO EXPRESS, UH, THIS TO BE CHANGED TO THE 15TH? MANNA COMMISSIONER MANNA? I'D LIKE TO MOVE THE PREVIOUSLY SPONSORED OR SCHEDULED FOR THE EIGHTH TO THE 15TH. IS THERE A SECOND? SECOND. SECOND. UH, I'LL GIVE THE SECOND TO COMMISSIONER BARTON. UH, COMMISSIONER MANNA. ANY DISCUSSION? I WON'T BE HERE. SO, OKAY. , ARE THERE ANY OTHER COMMISSIONERS LIKE TO CHIME IN ON MOVING THE MEETING TO THE 15TH? DOESN'T MATTER. ALL RIGHT. 'CAUSE THAT'S TAX DAY. JUST CHECKING. . ALRIGHT, SO LET'S TAKE A, LET'S TAKE A VOICE. VOICE VOTE. ALL IN FAVOR OF MOVING THE EIGHTH TO THE 15TH. SAY AYE. A AYE. ANY OPPOSED? HEARING NONE. UH, SO THE MEETING IS HEREBY RESCHEDULED TO THE 15TH. SO ITEM NUMBER FOUR, YOU COULD JUST, GOOD AFTERNOON. MY NAME IS JUAN ALVAREZ, PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER FOUR 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 8 25 EAST PARK AVENUE IN COUNCIL DISTRICT ONE. THE SUBJECT PROPERTY 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 ON THE BLOCK PHASE. THERE ARE FOUR UNITS ON THIS BLOCK. PHASE ONE STR TYPE TWO IS ALREADY ON THE BLOCK PHASE BEING 8 2 1 EAST PARK AVENUE. THE BLOCK PHASE IS [00:55:01] CURRENTLY AT 25%. AND IF AN ADDITIONAL TYPE TWO IS TO BE APPROVED, THE BLOCK PHASE WILL BE AT 50%. EIGHT 15 AND EIGHT 11 ARE VACANT PROPERTIES AND PARCEL 8 0 3 CONSISTS OF A SIX UNIT PROPERTY. THE SUBJECT PROPERTY HAS HAD A HISTORY OF INVESTIGATIONS FOR OPERATING WITHOUT A, A SHORT-TERM RENTAL PERMIT BEING ISSUED CITATIONS AS WELL. THIS IS THE ACTIVE LISTING OF THE PROPERTY. THIS IS THE SITE PLAN OF THE PROPERTY SUBMITTED AT THE TIME OF 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 ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK FACE. AND 28 NOTICES WERE MAILED OUT. ZERO IN FAVOR, ZERO IN OPPOSITION. AND THERE WAS OPPOSITION FROM TOBIN HILL COMMUNITY NEIGHBORHOOD ASSOCIATION AND NO RESPONSE FROM SOJO CROSSING HOMEOWNER ASSOCIATION. THIS CONCLUDES STAFF PRESENTATION. APPLICANT IS HERE TO ANSWER ANY QUESTIONS. AND BEFORE YOU GO, WAS THERE ANY PUBLIC COMMENTARY THAT WAS DATED AFTER WE CONTINUED IT? NO. OKAY. THANK YOU. HAVE THE APPLICANT COME FORWARD. ALL RIGHT. STATE YOUR NAME, TELL US ABOUT YOUR CASE. GOOD AFTERNOON. MY NAME IS ANDREW CASADA. I'M WITH THE LAW FIRM OF, UH, PULLMAN, CAPUCCI AND POLAND, UH, HERE REPRESENTING THE APPLICANT. UM, SO FIRST WE'D ACTUALLY LIKE TO REQUEST A CONTINUANCE. I'M NOT THE, THE MAIN ATTORNEY ON THIS CASE. THIS IS NORMALLY HANDLED BY, BY MR. REED. HE'S THE GENTLEMAN YOU SAW LAST TIME. UH, HE'S, HE'S OUT OF TOWN RIGHT NOW. UM, AND WE'D LIKE, HE WAS AWARE LAST TIME THAT YOU WOULD RE HAD REQUESTED FEEDBACK FROM, FROM THE NEIGHBORS. UH, WE'VE GOTTEN SOME FEEDBACK, UH, BUT WE'RE WORKING ON GA GETTING SOME MORE FEEDBACK FOR, SO, SO FOR THOSE REASONS WE WERE REQUESTING A CONTINUANCE. AND, AND WHAT DATE WERE WOULD BE, UH, ARE YOU LOOKING FOR? UH, SO FOR NEXT MONTH, I'M, I THINK AS OF A COUPLE MINUTES AGO, THAT'D BE APRIL 15TH. OKAY. THANK YOU VERY MUCH. UH, STAFF, IS THERE ANY PUBLIC COMMENTARY THAT WE NEED TO, UH, LISTEN OR ANY SPEAKERS SIGNED UP TO SPEAK? NO PUBLIC COMMENT. ALRIGHT. IS THERE A MEMBER THAT WOULD LIKE TO MAKE A MOTION FOR A CONTINUANCE TO THE 15TH? I MOVE THAT WE CONTINUE, UH, BOA NUMBER FOUR. UM, 24 DASH 1 0 3 0 0 0 5 UNTIL APRIL 15TH. SECOND. SECOND. SECOND BY COMMISSIONER BETIS. UH, ALL IN FAVOR SAY AYE. AYE. AYE. AYE. ANY OPPOSED? HEARING NONE. MOTION IS, UM, UH, CASE HAS BEEN, IS CONTINUED. THE 15TH. ALRIGHT. THANK YOU FOR YOUR TIME. WE LOOK FORWARD TO HEARING WHAT YOU FIND OUT. ALRIGHT, THANK YOU. THANK YOU. UH, ITEM FIVE. GOOD AFTERNOON. MY NAME IS JOSEPH LEO, SHORT-TERM RENTAL PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER FIVE IS LOCATED AT 8 0 1 0 PRIOR GAUGE DRIVE AND IS REQUESTING AN APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE THE APPLICANT'S SHORT-TERM RENTAL PERMIT. SCR OPERATORS ARE REQUIRED TO REPORT MONTHLY, MONTHLY REVENUES TO THE CITY'S FINANCE DEPARTMENT ON A MONTHLY BASIS. THIS INCLUDES REPORTING $0 REVENUES, UH, SECTION 16 DASH 11 ZERO D CLEARLY STIPULATES THAT FAILURE TO DO SO CONSTITUTES A VIOLATION OF THIS CHAPTER. AND, UM, SO THE NEXT COUPLE OF SLIDES IS A TIMELINE OF THE EVENTS THAT HAPPENED BEFORE THE REVOCATION. SO ON FEBRUARY 23RD, 2023, CODE ENFORCEMENT OPENS A CASE FOR AN STR WITHOUT A PERMIT. ONCE, UM, ONCE ONCE NOTIFIED ON MARCH 15TH, 2023, THE APPLICANT WAS ISSUED A TYPE TWO STR PERMIT. IN JULY OF 2023, THE FINANCE DEPARTMENT CONDUCTED AN AUDIT AND NOTIFIED THE APPLICANT OF FAILURE TO REPORT HOT TAXES FOR APRIL ON MAY, 2023, THIS IS WHEN THE 90, 60 AND 30 DAY NOTICES WERE ISSUED IN THE SUCCEEDING MONTHS. FINANCE HAD TO RESTART THE 90 DAY PROCESS, UH, DUE TO LOSS RECORDS ON OCTOBER 18TH, 2023. ON NOVEMBER 17TH, 2023, 60 DAY NOTICE WAS SENT OUT. AND AT THIS POINT THE APPLICANT REACHED OUT TO FINANCE FOR INSTRUCTIONS ON HOW TO PAY FINANCE, GAVE THEM THE PROCEDURE, HOWEVER, THEY STILL FAILED TO PAY. AND ON DECEMBER 15TH, 2023, THE 30 AND FINAL NOTICE, UH, WAS SENT OUT. AND ON JANUARY 24TH, THE PERMIT WAS REVOKED BY CITY STAFF. AND THIS IS THE OVERALL TIMELINE OF THE EVENTS THAT HAPPENED. UM, ONE THING THAT I FORGOT TO MENTION WAS THAT ON JANUARY 25TH, WHICH WAS A DAY AFTER THE PERMIT WAS REVOKED, THE APPLICANT UH, PAID ALL OF THE HOT TAXES. AND THIS IS THE [01:00:01] PORTION OF THE ONLINE APPLICATION WHERE THE APPLICANT ACKNOWLEDGES AND AGREES TO COMPLY WITH CHAPTER 16, ARTICLE 22, WHICH OUTLINES THE NEED TO PAY HOT TAXES. AND THIS IS A SITE PLAN THAT WAS SUBMITTED WITH THE APPLICATION AND THE SUBJECT PROPERTY. AND THE NEXT COUPLE OF SLIDES IS THE SURROUNDING AREA. STAFF RECOMMENDS A DENIAL OF THE APPLICANT'S REQUEST FOR AN APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE THE SHORT TERM RENTAL PERMIT. AND THIS IS THE NOTIFICATION PLAN. STAFF MAILED OUT 23 NOTICES. WE, WE RECEIVE ZERO IN FAVOR, ZERO IN OPPOSITION, AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET. THIS CONCLUDES STAFF'S PRESENTATION AND STAFF IS, IS AVAILABLE FOR QUESTIONS AND THE APPLICANT IS ALSO PRESENT. THANK YOU. THANK YOU VERY MUCH. UM, AND BY THE WAY, I LOVE THE TIMELINE. DO THAT EVERY SINGLE TIME. THANK YOU. LOOKS GREAT. LET'S HAVE THE APPLICANT COME FORWARD. UM, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE. GOOD AFTERNOON. MY NAME IS ADRIAN CHAPLIN. I HAVE A PRESENTATION, PLEASE. OKAY, SO WE CAN GO TO THE FIRST SLIDE. SO ON NOVEMBER 17TH, WE'VE RECEIVED AN EMAIL FROM FINANCE STATING THAT AN AUDIT WAS COMPLETED AND, UM, THE TAXES WERE NOT COLLECTED CORRECTLY. UH, THIS WAS SENT TO ONE OF OUR OLD EMAIL ADDRESSES, WHICH IS CRUISE TO PI@GMAIL.COM. WE WENT TO THE WEBSITE THAT WAS PROVIDED, WHICH IS POINTED THERE IN THE, UM, ON THE ATTACHMENT. AND THEN WHEN WE WENT TO THE WEBSITE, WE PUT IN THE INFORMATION FROM WHEN, UM, ALL OF OUR CODES AND IT STATES. CAN WE GO TO THE NEXT SLIDE PLEASE? SO WHEN YOU GO TO THE WEBSITE, UM, WHEN YOU PUT THE INVOICE NUMBER AND YOU PUT THE, UH, PAID NUMBER, YOU GET THIS, EXCUSE ME, YOU GET THIS CODE THAT SAYS INVOICE NUMBER XYZ DOES NOT HAVE THE AMOUNT OWING. NEXT SLIDE PLEASE. SO, UH, WE SENT ANOTHER EMAIL BACK TO SABRINA, UM, SAYING THAT THE, THE INVOICE SAYS THERE'S NO AMOUNT OWED. SO WE'VE RECEIVED ANOTHER EMAIL FROM HER AND SHE SAID, CALL THIS NUMBER AND, UM, THEY WILL GIVE YOU INSTRUCTIONS ON PAYING IT. SO WE WENT TO THE CITY'S WEBSITE, WHICH IS THERE. NEXT SLIDE PLEASE NUMBER POINTS YOU TO THE WEBSITE. UM, AND THEN YOU GO TO THIS, UM, YOU CLICK ON PAY AN INVOICE. NEXT SLIDE, PLEASE. YOU CLICK HERE AND THEN IT TAKES YOU BACK TO THE ORIGINAL PLACE WHERE YOU PUT THE SAME NUMBERS IN AND IT SAYS THAT WE DON'T HAVE ANY BALANCE. SO, NEXT SLIDE PLEASE. SO ON JANUARY 24TH, WE RECEIVED THE EMAIL, WHICH WENT TO MY EMAIL ADDRESS, UM, NOT THE OTHER, UM, UM, EMAIL STATING THAT TWO OF OUR PROPERTIES, UH, 2 8 1 3 1 WHISPER VIEW STREET AND 80 10 BRI GATE WERE REVOKED. UH, WE, ON JANUARY 24TH, WE EMAILED DEVELOPMENTAL SERVICES DEPARTMENT TO INQUIRE ABOUT THE DELINQUENT TAXES. WE WERE ASKED TO PROVIDE PROOF, WHICH WAS SENT VIA EMAIL. SO UP UNTIL THIS TIME WE'VE BEEN PAYING ON THE NEW SYSTEM. WE HAD NO IDEA THAT, UM, THERE WAS, UM, DELINQUENCY. ON JANUARY 25TH, WE RECEIVED A PHONE CALL, UH, FROM SOMEONE FROM FINANCE AND THEY EXPLAINED AS FOLLOWS. DURING THE TIME OF MARCH THROUGH MAY 20, UM, 23, WE WERE PAYING, UM, THE TAXES THROUGH THE LEGACY SITE. UM, WE WERE TOLD THAT DURING THAT TIME THERE WAS A GLITCH IN THE SYSTEM AND THE TAXES WERE NOT BEING COLLECTED. UM, WE WERE, WE WERE ALSO TOLD TO CALL THE TWO ONE OH NUMBER, WHICH SENT US BACK TO THE SAME NUMBER. SO WE LEFT SEVERAL MESSAGES AND EMAILS FOR GUIDANCE TO HOW TO PAY THE TAXES. AFTER SEVERAL EMAIL EXCHANGES AND PHONE CALLS, WE RECEIVED A PHONE CALL FROM THE CITIES OF COLLECTIONS STATING THAT, UM, WE WERE ABLE TO PAY THE OUTSTANDING TAXES OVER THE PHONE. THE AGENT ALSO TOLD US THAT THAT WAS THE ONLY WAY THAT WE COULD PAY THIS BECAUSE, UM, SINCE IT WAS IN THE, THE ISSUE HAPPENED IN THE LEGACY SYSTEM, YOU CAN ONLY PAY THIS MANUALLY OVER THE PHONE. YOU CAN'T PLAY ONLINE. NEXT SLIDE, PLEASE. UH, WE, WE BELIEVE THERE WAS A [01:05:01] FEW COMMUNICATION BREAKDOWNS. THE FIRST ONE IS THAT, UM, THE CITY OF SAN ANTONIO, WHERE WE CALLED, SAID THAT THEY STOPPED SENDING, UM, NOTIFICATIONS VIA USPS OR CERTIFIED, UH, MAIL. IT'S ONLY THROUGH EMAIL PAYMENTS, UH, FOR THIS ISSUE CAN ONLY BE PAID, UM, ONLINE, UM, MANUALLY. IF YOU CALL IN, YOU CANNOT PAY ONLINE. AND WE WERE TOLD MULTIPLE TIMES TO GO ONLINE TO PAY THIS, YOU CAN ONLY PAY, UM, YOUR CURRENT STUFF THROUGH THE ONLINE, UM, PORTAL, WHICH WE ARE, UM, CURRENTLY DOING. UM, ALSO, UM, THE EMAILS WERE SENT TO OUR OLD EMAIL ADDRESS, BUT IF YOU GO INTO THE SITE, UM, TO PAY THE TAXES, I HAVE A CONTACT INFORMATION. AND WE HAD UPDATED THE CONTACT INFORMATION TO EMAIL, UM, THE EMAIL THAT'S THERE DIRECTLY, WHICH IS THE EMAIL THAT WAS USED TO FINALLY LET US KNOW THAT THE, UH, THE PERMITS WERE REVOKED. SO THAT'S WHEN WE STARTED TO ACTION. WE DIDN'T, UM, THE OTHER EMAILS, UH, NOTIFICATIONS WE WERE RECEIVING WAS AN EMAIL THAT WE DON'T CHECK OFTEN, SO WE WEREN'T GETTING THE EMAILS. UH, NEXT SLIDE PLEASE. WE IMPLORE THE BOARD TO RESTORE OUR STR LICENSE AS IT'S IS ESSENTIAL FOR OUR LIVELIHOOD. WE HAVE DILIGENTLY FULFILLED OUR TAX RESPONSIBILITIES AND MET ALL, UM, OBLIGATIONS WE HAVE ALSO, OR WE HAVE ALWAYS PAID ON TIME AND DONE THAT. AND WHAT WAS ASKED OF US, WE ARE BEING PENALIZED FOR A SYSTEM MISTAKE THAT WE MADE EVERY ATTEMPT TO RECTIFY. WE HAVE EXHAUSTIVELY EXPLORED EVERY AVAILABLE AVENUE TO ADDRESS AND CORRECT THE ISSUE. THANK YOU. ALRIGHT, THANK YOU VERY MUCH. UM, I'M GONNA START OFF BY ASKING, UH, DO, DO YOU HAVE ANY COMPLAINTS OR ANY CODE VIOLATIONS DOCUMENTED ON YOUR PROPERTY? NOT THAT I KNOW OF. OKAY. WE INITIALLY STARTED AND FOR THE CITY, IS THERE ANYTHING OTHER THAN THIS ISSUE BEFORE US THAT'S, UH, IS THERE ANY COMPLAINTS OR CODE COMPLIANCE ISSUES BESIDES THIS? NO, NO CODE COMPLIANCE COMPLAINTS. OKAY. I DO WANT TO OFFER A LITTLE BIT OF CLARIFICATION IF I MAY. OKAY. SO THE SYSTEM, UH, THAT THE APPLICANT HAD PROVIDED SCREENSHOTS FOR WAS, UH, TO ALLOW THEM AND OTHERS AN OPPORTUNITY TO PAY THE CITY'S HOTEL OCCUPANCY TAX PORTION. WHEN THE FINANCE DEPARTMENT DISCOVERED THAT FOR APRIL AND MAY OF 2023, THE FORMER HOST SYSTEM WAS NOT COLLECTING THAT PORTION. THE PERMIT WAS REVOKED NOT ONLY FOR FAILURE TO PAY THAT, BUT ALSO FOR FAILURE TO REPORT AND PAY IN THE NEW SYSTEM FOR THE MONTHS OF AUGUST, NOVEMBER, AND DECEMBER. SO IT WAS THOSE THREE MONTHS DELINQUENCY. IN ADDITION TO THE INFORMATION THAT WAS SHARED IN THAT PRESENTATION, THE, THE NEW SYSTEM WENT INTO EFFECT IN AUGUST OF 2023. JUNE, JUNE 1ST, 2023. JUNE 1ST. AND HOW WAS THE APPLICANT NOTIFIED IF, IF WE HAD THE WRONG EMAIL ADDRESS AND THE NOTIFICATIONS WEREN'T GOING OUT TO THE APPLICANT? WE WE WERE SENDING THEM TO THE APPLICANT. WHAT THE APPLICANT SAID IS THAT THEY WENT TO AN EMAIL ADDRESS THAT THEY DON'T COMMONLY CHECK. THOSE NOTICES WERE SENT TO THE SAME EMAIL ADDRESS ON FILE THAT THE PERMIT WAS SENT TO. QUICK QUESTION ON THAT THEN, THEN WHY AFTER THAT DID THEY THEN GET AN EMAIL TO A DIFFERENT ADDRESS FOR THE NOTIFICATION THAT THEY WERE THEN HAVING THEIR PERMIT REVOKED? WHY THE CHANGE IN THE DIFFERENT ADDRESSES? UH, SO IN HOST THE OLD SYSTEM, THEY, AT THAT POINT BEFORE SUBMITTING FOR AN S TWO R PERMIT APPLICATION, THE APPLICANT HAD TO GO THROUGH HOST TO CREATE A HOT NUMBER AND THEY WOULD FILL OUT WHATEVER EMAIL ADDRESS, PHONE NUMBER, NUMBER IN THAT SYSTEM. AND THEN WHEN WE WOULD TRANSITION TO AVENUE FROM HOST TO AVENUE, AVENUE TRANSFER ANY HOST HOT ACCOUNTS AND HOSTS TRANSFER 'EM OVER INTO THE NEW AVENUE SYSTEM AND WHATEVER PHONE NUMBER AND EMAIL THAT WAS PROVIDED IN HOST IS WHAT THEY UTILIZE IN THEIR AVENUE SYSTEM. OKAY. SO IS IS THE BUILD SA, UH, CONTACT SHEET, UH, SCREEN THAT WE SAW WHERE THERE WAS AN EMAIL UPDATED, IS THAT INTEGRATED WITH EITHER OF THE PREVIOUS OR THE NEW SYSTEM, UH, WHEN THEY SUBMITTED THE APPLICATION? NO. SO WHEN THEY SUBMITTED FOR THEIR BILL FOR THEIR STR PERMIT AT THE TIME THEY HAD TO GO THROUGH HOST TO GET THAT HOT NUMBER ACCOUNT, WHICH IS WHAT THEY PROVIDED THE EMAIL CONTACT INFORMATION THERE. AND THEN THEY HAD TO SUBMIT THROUGH BILL SA FOR AN STR APPLICATION AND THROUGH BILL SA THEY SUBMIT THE WE WELCOME EMAIL ADDRESS THAT HE'S REFERRING TO. SO IF, IF THE APPLICANT CHANGED THEIR EMAIL WITH BUILD SA, UM, I'M JUST, WHO ACTUALLY SENDS OUT NOTICE EMAILS? IS IT THROUGH THE, UH, BUILD SA OR IS IT THROUGH UM, AVENUE OR HOST? I'M, I'M TRYING TO, WHAT I'M TRYING TO ASK IS IF THEY HAD THIS COMMON EMAIL ADDRESS THAT WAS ACROSS ALL THE PLATFORMS AND THEN THEY CHANGED IT AT SOME POINT LATER, UM, IS THERE A CHANCE THAT THE PRE THESE PLATFORMS, HOST OR AVENUE WOULDN'T BE AWARE OF THE CHANGE IN BILL TO SAY AND THEY'LL JUST KEEP SENDING TO THE OLD EMAIL? [01:10:01] UM, IS, IS THAT WHAT COULD HAPPEN? OR, OR I DON'T, I DON'T. SO WHEN SOMEONE CHANGES THEIR EMAIL, DO THEY HAVE TO ALSO GO TO HOST AND CHANGE IT THERE AS WELL? UM, SO MR. CHAIR, IN OUR NEWS FOR IF THERE'S BEEN AN EMAIL CHANGE AS OF NOW WE HAVE AF UM, THE EMAIL APPLICANTS CAN EMAIL US THROUGH OUR DSD INBOX SAYING PLEASE UPDATE MY CONTACT INFORMATION. AND WE CAN DO THAT THROUGH BUILD SA AS WELL AS THROUGH AVENUE SYSTEM MOVING FORWARD. UM, AGAIN, WHEN THEY SUBMITTED THEIR S WHEN THEY SUBMITTED THEIR SST APPLICATION, THAT WAS THE TIME WHEN THE PROCESS WAS YOU HAD TO GO THROUGH HOST, CREATE YOUR OWN HOT ACCOUNT NUMBER AND THAT'S THAT THE APPLICANT IS ONE WHO, WHO PROVIDES THAT CONTACT MAIL INFORMATION THERE. AND THEN WHEN THEY APPLY TO, UM, BUILDS ESSAY FOR THE SDR PERMIT, THEY ALSO PROVIDE THE CONTACT INFORMATION THERE. I BELIEVE THEY'RE, THEY PROVIDED TWO SEPARATE EMAILS AND AVENUE SENDS OUT, SENDS OUT THE NOTICE INFORMA NOTICE EMAILS TO THE ONE THAT THEY HAD IN HOST, WHICH THAT CRUISES TO BIM THE EMAIL THAT THEY STATE THAT THEY DID NOT, UH, CHECK REGULARLY AND THAT DID NOT TRANSFER OVER UNLESS WE WERE TOLD OTHERWISE THAT PLEASE UPDATE. OKAY. YES. ALRIGHT. OKAY. MR. KAPLAN, KAPLAN, UH, FOR THE CHAPLAINS, YOU STATE THAT TWO OF YOUR PROPERTIES, SO DO YOU HAVE OTHER PROPERTIES? YES. HOW MANY OTHER PROPERTIES ARE YOU RENTING OUT? UH, ABOUT TWO OTHER TWO. SO YOU HAVE FOUR TOGETHER? YES. AND YOU DID GET THE RIGHT INFORMATION ON YOUR BILLING ON THE OTHER TWO PROPERTIES? NOT THAT I KNOW. SO THAT WAS THE WEIRD THING. WE HAVE STR PERMITS FOR THE OTHER ONES AND YOU WOULD THINK THAT WE'LL GET ALL OF THEM REVOKED, BUT THOSE WERE FINE. SO I DON'T KNOW WHY THOSE WERE FINE, BUT I GUESS 'CAUSE EVERYTHING WAS COMPLIANT, BUT WE DIDN'T GET ANYTHING ON THOSE. OKAY. SO ON, IS IT POSSIBLE IF, LET'S SAY THIS AN APPLICANT HAS FOUR DIFFERENT PERMITS AND THEY'RE STARTING AT DIFFERENT TIMES AND THERE COULD BE DIFFERENT TIMES THAT THEY'RE EITHER LATER OR NOT LATER, WHATEVER, UM, DO THEY HAVE TO PROVIDE DIFFERENT CONTACT INFORMATION EVERY SINGLE TIME? OR IS THERE AN ACCOUNT THAT THEY'RE ASSOCIATED WITH THAT CARRIES THEIR CONTACT INFORMATION TO THESE EVERY TIME THEY APPLY FOR A NEW SDR PERMIT? SO EVERY STR PERMIT HAS TO HAVE A UNIQUE, UH, HOTEL OCCUPANCY TAX ACCOUNT NUMBER. THE CONTACT INFORMATION ASSOCIATED WITH EACH OF THOSE CAN BE THE SAME. OKAY. YOU KNOW, I COULD HAVE FOUR DIFFERENT HOT ACCOUNTS ALL GOING TO ONE EMAIL ADDRESS AND WE SEE THAT PRETTY, IS THIS APPLICANT DE LINKING ON ON THEIR OTHER, I KNOW THEY'RE DOING LINKING ON ONE OTHER BECAUSE IT'S ON THE BUT IT ON THE OTHER TWO OR IS THERE A DELINQUENCY ON THOSE TWO? UM, I CAN'T, CAN WE HAVEN'T, WE HAVE NO REASON TO BELIEVE THOSE OTHER TWO ARE DELINQUENT 'CAUSE THEY WEREN'T PROVIDED TO US VIA FINANCE. SECOND, UM, I DON'T UNDERSTAND HOW THEY HAVE BEEN TRYING TO PAY TAXES AND THEY'VE PAID ON TWO AND NOT FOR, UH, OTHER, OTHER STR ON THESE, ON THE BLOCK THAT WE'RE TALKING ABOUT. IN OTHER WORDS, SO IF THEY HAVE THEIR SDR REVOKED, HAS SOMEBODY ELSE TAKEN THAT PERMIT ALREADY? WE'LL TAKE A LOOK AT THE MAP REAL QUICK AND GET BACK TO YOU ON THAT ONE. MANA COMMISSIONER MANNA. SO, UH, QUESTIONS FOR THE CITY. SO ON NOVEMBER 17TH WHEN THE APPLICANT REACHED OUT OR THE, UH, THE, UM, THE HOST HERE REACHED OUT, UH, TO THE CITY, UM, YOU KNOW, THEY TRIED TO CONNECT IF THEY HAD PAID THEIR HOT TAX AT THAT POINT, WOULD THEIR, WOULD THEIR APPLICATION HAVE BEEN REVOKED? UH, WOULD THAT BOTTOM CURRENT AND WOULD'VE BEEN REVOKED AT AT THAT POINT? YEAH, THEY HAVE PAID WITHIN THAT 90 DAYS THEN THEY WOULD'VE BEEN CONSIDERED CURRENT AND WE WOULD NOT HAVE . SO A QUESTION I HAVE THEN IS, YOU KNOW, SO, SO THEY REACHED OUT TO THE CITY SO THE CITY KNOWS THAT THE APPLICANT'S TRYING TO REACH OUT TO THEM, YOU KNOW, AND, AND SEEMS LIKE THERE WAS, YOU KNOW, AS WAS SHOWN THERE WAS SOME CHALLENGES WITH THE WEBSITE, WHAT HAVE YOU. UM, AND THEY REACHED BACK TO SAY THERE WAS PROBLEMS WITH THE WEBSITE. UM, YOU KNOW, I GUESS WHAT HAPPENED, I I, I DON'T, I DON'T KNOW WHAT HAPPENED. SO WE PAIRED THEM UP WITH FINANCE THAT ADVISED THEM ON HOW TO PAY. UM, THEY DIDN'T PAY AND THEN THEY WERE ABLE TO PAY WITHIN 24 HOURS OF US PHYSICALLY REVOKING THE PERMIT. WELL, THEY DID SHOW THE PICTURE WHERE IT SAID THERE WAS NO FINES DUE, YOU KNOW, SO, AND, AND YOU KNOW, SO IS IS THAT, YOU KNOW, IS SO, IS THAT, YOU KNOW, I GUESS THE DIRECTION THAT'S GIVEN TO ANYBODY CALLING IN THAT IS BEHIND THAT, YOU KNOW, THAT THEY GO THERE TO THE WEBSITE AND EVEN THOUGH THEY CAN'T PAY, UM, YOU KNOW, IS THAT IT? I IT SOUNDS MISDIRECTED. I GUESS. I DON'T KNOW. I'M STRUGGLING HERE. UH, SO CONFUSING ALSO SAYS NO, NO, NOTHING DUE. THE OTHER THING I'D SAY IS I KNOW IN THE PAST, THIS ISN'T THE FIRST TIME WE'VE HAD THESE, UH, CASES COME BEFORE WHERE THERE'S A SNAFU BETWEEN THE SYSTEM CHANGING AND SUCH. AND ONE THING THAT I'VE BEEN ADVOCATING FOR IS SOMEHOW A HARD MAIL, LIKE A REGISTERED LETTER GOING OUT BECAUSE A REVOCATION OF A PERMIT IS, IS THAT'S SERIOUS. AND IF THERE'S ANY ELEVATION WE CAN DO TO PERHAPS SEND A, A SECURED LETTER OR SOMETHING THAT IS A HARD LETTER VERSUS JUST AN EMAIL WOULD IN MY MIND BE A LITTLE BIT MORE COMMUNICATIVE BETWEEN THE CITY AND THE APPLICANTS. [01:15:02] I THINK THE, THE CONVERSATION THAT WE'VE BEEN HAVING WITH THE TASK FORCE ORIGINALLY WHEN WE CREATED THIS ORDINANCE, UM, IS, YOU KNOW, COMMUNICATION IS IMPORTANT, RIGHT? UM, AS YOU CAN SEE WITH THE TIMELINE HERE, THERE HAVE BEEN MULTIPLE EFFORTS OF COMMUNICATION. NOW THIS IS WHAT DSD, UM, HAS PUT TOGETHER. THE DEPARTMENT, UH, FINANCE DEPARTMENT IS NOT HERE TO HELP ANSWER THE QUESTIONS ON THE FINANCE SIDE. UM, BUT DSD IS DOING WHAT THEY CAN TO HELP BUILD OR FILL IN THOSE GAPS. OKAY. UM, IS THERE ANY PUBLIC COMMENTARY ON THIS? NO QUESTION. THIS IS NO PUBLIC COMMENT. OKAY. COMMISSIONER KAPLAN AND THEN COMMISSIONER. OKAY. ONE MORE QUESTION FOR THE CHAPLAINS. UM, ON OUR TIMELINE, IT SAYS THAT YOU WERE RENTING IT OUT IN FEBRUARY 23 BEFORE YOU ACTUALLY HAD AN STR PERMIT. MAY I ASK HOW LONG YOU WERE RENTING THAT OUT PRIOR TO RECEIVING A PERMIT? WE JUST STARTED. YEAH, YOU HAD JUST STARTED. OKAY. THANK YOU COMMISSIONER BENAVIDEZ. UM, SO IT SEEMS TO ME THEY WERE OPERATING FOR ONE YEAR OUT OF THAT YEAR. IS IT JUST THOSE TWO MONTHS THAT ARE IN QUESTION THAT THE, THAT THE HOT TAX HAVEN'T BEEN PAID TWO MONTHS? IT WAS, UM, AUGUST, NOVEMBER, DECEMBER, AND THEN THE MONTHS OF APRIL AND MAY TO REPORTING THE CITY HOT TAXES SIDE. SO APRIL AND MAY IS WHEN THOSE WERE THE TWO THAT WERE ON THE OLD SYSTEM? CORRECT. SO THEN AUGUST AND NOVEMBER, DECEMBER OF, IN THE NEW SYSTEM, THE NEW SYSTEM, SO AUGUST, NOVEMBER. SO DID THEY PAY SEPTEMBER, OCTOBER AND JUST NOT PAY? SO THEY PAY, THEY DIDN'T PAY AUGUST PAY SEPTEMBER, OCTOBER. DIDN'T SAY NOVEMBER, UH, CORRECT. CAN WE SEE PROOF OF THAT? 'CAUSE THOSE TAXES ARE PAID? WELL, LET'S, IN THE NEW SYSTEM, LET, LET'S, UH, I I HAVE A FOLLOW UP QUESTION THAT'LL PROBABLY ANSWER SOME OF THIS. IF, IF THE CITY RECEIVED PAYMENTS ON MONTHS AFTER THEY WERE DELINQUENT, WOULDN'T WOULDN'T THE PREVIOUS, THOSE TWO, THOSE TWO OR THREE MONTHS IN QUESTION AUGUST THROUGH, UH, NOVEMBER, WOULDN'T THOSE ALSO POP UP AS A DEBT WHEN THEY TRIED TO PAY THE DECEMBER BILL OR, OR THE, YOU DON'T, YOU KNOW WHAT I'M GETTING, YOU KNOW WHAT I'M GETTING AT? UH, SO MY QUESTION, I'M JUST TRYING TO FIGURE OUT LIKE THE MECHANISMS OF HOW THIS WORKS. YEAH, SO I'M, I'M MELISSA JUST MENTIONED WE'RE DOING OUR BEST TO FILL IN THOSE GAPS AND AT THIS POINT IN TIME WE'RE RELAYING TO THE BOARD WHAT WE WERE TOLD BY THE FINANCE DEPARTMENT. BUT WITHOUT THE FINANCE DEPARTMENT BEING PRESENT, IT'S HARD FOR US AT DSD TO BE ABLE TO ANSWER ALL OF THOSE QUESTIONS. I UNDERSTAND. THE ONLY OTHER COMMENT I WILL MAKE IS AFTER WE HAVE REVOKED A PERMIT AND IF THE APPLICANTS PAY THEIR HOT DELINQUENCY, WE DON'T AUTOMATICALLY REINSTATE THEIR PERMIT. THAT'S WHAT IS HAPPENING HERE. SO IF I UNDERSTAND, UM, IF THERE'S ANY ACTION TAKEN TODAY, WHETHER OR NOT YOU WANT TO UPHOLD STAFF'S REVOCATION OR REINSTATE IT, UH, THAT WILL BE THE DECISION OF THE BOARD. OKAY, THANK YOU. ARE THERE ANY OTHER QUESTIONS, COMMISSIONER BEEZ? SO I JUST WANNA MAKE SURE TO, AS OF TODAY, ALL OF THEIR HOT TAX, THEY'RE NOT BEHIND ON ANY, IS THAT CORRECT? AS I UNDERSTAND FOR THIS PROPERTY, THEY'RE PAID IN FULL. THEY BECAME CURRENT THE DAY AFTER REVOCATION, WHICH WAS JANUARY 25TH. OKAY. ANY OTHER QUESTIONS? BON YOU GUYS SAID, UH, YOU HAVE RECEIPTS OF PREVIOUS PAYMENTS OR PAYMENTS MADE DURING THOSE TIMEFRAMES? CORRECT. SO WHEN WE FIRST, UM, SO WHEN WE FIRST, UM, HAD A HEARING OR WE SENT AN EMAIL WITH THE, THE CITY, THEY ASKED FOR PROOF. SO WE SENT THEM THE PROOF AND THEN THAT'S WHEN WE, SO EVERY MONTH THERE WAS A EMAIL CHAIN OF ATTACHMENTS THAT WE HAD PAID. AND THEN, UM, ON THERE THEY SENT, NO, THAT'S NOT THE MONTHS. AND THEN THAT'S WHEN HE STARTED TO SAY IT WAS FOR THE MONTHS OF MAY, APRIL, APRIL AND MAY BEF IN THE, THE LEGACY SYSTEM. SO, UM, AND THOSE ARE THE MONTHS WE PAID, RIGHT? YEAH. SO IF WE WERE BEHIND BY ALL THOSE OTHER MONTHS, THEN IF WE'RE CURRENT NOW YOU WILL SEE THAT WE HAD TO PAY PROBABLY A BIGGER CHUNK, BUT WE ONLY PAID FOR THREE MONTHS OR THE, THE, THAT TIME PERIOD THAT WE WERE, UM, THAT THE SYSTEM HAD A GLITCH, WE DIDN'T PAY LIKE A WHOLE YEAR OF TAXES OR HOW MANY OTHER MONTHS THAT THEY SAID WE WERE OUTSTANDING. WE NEVER, WE DIDN'T PAY THAT. SO. OKAY. AND UH, ONE MORE THING TOO. I WILL SAY I GOT A LETTER, I THINK IT WAS DATE, I CAN'T REMEMBER WHEN WE, UH, CAN YOU, I'M SORRY. THAT'S OKAY. I GOT A LETTER, UM, FROM AVENUE SAYING THAT WE WERE PASSED DUE ON OUR TAXES FROM AUGUST THROUGH DECEMBER, WHICH WAS IMPOSSIBLE. SO I CALLED THEM AND I'M LIKE, WHAT IS THIS? LIKE OUR TAXES ARE PAID. AND IT WAS LIKE, OH, JUST DISREGARD THAT. YOU HAVE NOTHING TO DO AND THIS IS THE TYPE OF THINGS, YOU KNOW, THAT, YOU KNOW THE CONFUSION, YOU KNOW, YOU SEE SOMETHING LIKE THIS AND YOU'RE LIKE, YOU KNOW, THIS IS WHAT GOT US IN TROUBLE, YOU KNOW, UM, I JUST THINK IT'S NOT RIGHT. UM, AND THEM, THEY JUST SAID IT THAT THE TAXES WEREN'T PAID, BUT ON AVENUE, THOSE TAXES ARE PAID. THE, THE TAXES WERE PAID ON JANUARY 25TH FOR AUGUST, NOVEMBER AND DECEMBER. THEY ARE PAID, THEY [01:20:01] DO NOT HAVE MONEY OUTSTANDING YOU DON'T OWE, BUT THEY WERE PAID AN AVENUE LIKE SEPTEMBER, YOU HOW YOU, YOU KNOW, FOR SEPTEMBER REPORTING OR OCTOBER YOU PAID THE MONTH. SO THOSE WERE PAID IN THE NEW SYSTEM. SO I'M NOT UNDERSTANDING HOW DO WE HAVE A RECORD OF THAT SOMEWHERE? YES. SHOWING A PAYMENT THROUGH AUGUST OR SEPTEMBER PAYMENT OR OCTOBER PAYMENT, ANYWHERE IN THERE. THIS IS WHAT I ORIGINALLY SENT THEM. IF YOU HAVE IT ON YOUR PHONE, THEY CAN PROJECT IT, UH, ON THE SCREEN FOR US TO SEE. BUT YEAH, THAT'D BE WONDERFUL TO FIND OUT. LET'S SEE. BUT DO YOU WANT ME TO GO TO THE ATTACHMENTS? YOU PROBABLY COULD SEE THE ATTACHMENTS. DSD YEAH, WE HAVE IN THE AVENUE SYSTEM, WE SEE THAT JUNE, JULY, SEPTEMBER AND OCTOBER WERE PAID IN THOSE FILING ACCURATELY IN FULL. BUT YOU'RE SAYING AUGUST, AUGUST, NOVEMBER AND DECEMBER WERE NOT REPORTED AND PAID UNTIL JANUARY 25TH. OKAY. AT WHAT POINT WAS THE SYSTEM SHOWING NOTHING DUE ON THE ACCOUNT? YEAH. AND SO THAT WAS PART OF MY LINE OF QUESTIONING. IF, IF THEY DIDN'T PAY IN AUGUST, BUT THEN THEY WENT IN IN SEPTEMBER, WOULDN'T THAT SHOW UP AS A DEBT, THE AUGUST DEBT? OR IS THAT ASSOCIATED WITH THE SYSTEM CHANGE? RIGHT. 'CAUSE THE SYSTEM WAS SHOWING NOTHING DUE, THERE WAS NOTHING DUE ON THE ACCOUNT WHEN THEY WENT TO TRY TO PAY. SO THAT'S WHY. SO, SO THE AVENUE SYSTEM DOESN'T TELL YOU WHAT IS DUE. YOU HAVE TO TYPE IN WHAT YOUR REVENUES FOR THE MONTH WERE. IT THEN CALCULATES WHAT IS DUE BASED UPON YOUR REPORT OF REVENUES. OKAY. IT'S NOT A SYSTEM THAT YOU CAN LOG INTO AND IT SAYS YOU OWE 150 BUCKS. IS THERE, IT'S INCUMBENT ON AN INPUT. IS IT POSSIBLE TO GET PRINTOUTS OF, OF STATUSES FOR THE YEAR OR ACTIVITY MAYBE FOR THE, IS THAT SOMETHING THAT'S OFFERED? I WOULD HAVE TO GET ARE YOU TALKING ABOUT FROM LISTINGS OR ARE YOU TALKING ABOUT WELL IF, IF, UM, IF THE APPLICANT WENT ON PUT IN AMOUNTS AND PAID FOR ONE MONTH, IS IT POSSIBLE THEN TO SAY, HEY, WHAT, WHAT HAPPENS SINCE JANUARY? OR WHAT, WHAT, WHAT HAVE I DONE? SO MAYBE THEY CAN, MAYBE THEY CAN, UH, SEARCH FOR A MONTH THAT THEY POSSIBLY MISSED OR SOMETHING. IS IT, I DON'T KNOW IF THAT'S POSSIBLE OR NOT. SO I PROBABLY NEED TO DEFER TO THE FINANCE DEPARTMENT ON THAT ONE. CERTAINLY IT YOU REPORT IN MONTHS, SO YOU COULD GO BACK IN THIS SYSTEM AND SAY FOR THE MONTH OF NOVEMBER, THIS IS WHAT I REPORTED, THIS IS WHAT I PAID. OKAY. AND THEN IF YOU HADN'T FILED A REPORT FOR A MONTH, YOU'D BE ABLE TO SEE THAT IT WAS MISSING. OKAY. NOTHING THAT PROMPTS YOU. LIKE IF THEY GO IN AND PAY SEPTEMBER THAT PROMPTS YOU AND SAY YOU CAN PAY SEPTEMBER, BUT AUGUST IS UN HAS GONE UNREPORTED THAT, UM, IS THAT A FINANCE PROBLEM? YEAH. YEAH. YEAH. I MEAN, SO FOR THE APPLICANT, WHAT ARE WE LOOKING AT RIGHT HERE? YEAH, THE EMAIL THAT YOU, THESE ARE JUST THE RECEIPTS FROM THE TAXES THAT WERE PAID. IT JUST SEEMED LIKE WE HAD A RULE. NOW, AUGUST, AUGUST WAS MISSED. I WILL, WE WILL ADMIT THAT AUGUST WAS MISSED SOON AS I NOTICED THAT THAT WAS DONE. BUT YEAH, LIKE I SAID, WE NORMALLY GO AND WE'LL PAY THEM 'CAUSE IT, AND IT'S A PRETTY SI IT SIMPLE SYSTEM. RIGHT? RIGHT. AND THERE'S THE DATE THAT IT WAS FILED IN JANUARY THAT IT WAS PAID. OKAY. ALRIGHT, WELL THAT'S INFORMATIVE. OKAY. WHAT MONTH IS THAT? ARE YOU ZOOMING INTO? YEAH. CAN YOU POP, IS THAT POSSIBLE TO PROJECT ON OUR, HERE WE GO. SO JANUARY 24TH. OH, FOR AUGUST. YEAH. SO THAT'S THE ONE. YES. SO AUGUST, THAT'S THE ONE THAT WE NOTICED. BUT ALL THE BRIAN GATES, ALL THE PRIOR ONES, ALL WHISPER REVIEW EVERYTHING IN THERE AND IT, AND IT MENTIONS ON THERE THAT IT WAS, IT WAS INITIATED ON THE 24TH, BUT IT MAY HAVE NOT BEEN, DIDN'T HAPPEN UNTIL THE 25TH. IT SHOULD, YEAH. PROBABLY. I'M NOT SURE WHEN IT UPDATES. OKAY. BUT YEAH. OKAY. BUT ULTIMATELY WE, WE JUST WANT TO BE IN COMPLIANCE. WE, WE ARE TRYING OUR BEST, YOU KNOW, WHATEVER THE CITY ASKS, WE TRY TO MAKE SURE EVERYTHING IS AS IT SHOULD BE. UM, IT WAS A DEFINITE OVERSIGHT ON THE EMAIL. I KNOW THERE WAS SOME, SOME CONFUSION WITH THAT. UM, BUT HOPEFULLY WE'VE RECTIFIED THAT WITH OUR EMAILS. UM, AND WE'RE JUST, LIKE I SAY WE'RE ASKING. OKAY. WELL, IF THERE'S NO MORE QUESTIONS, O ZUNA, [01:25:01] COMMISSIONER ZUNA, REGARDING CASE NUMBER BO A DASH 24 DASH 0 3 0 21, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE APPEAL FOR THE PROPERTY SITUATED 80 10, UH, BRI GATE DRIVE APPLICANT BEING ADRIAN CHAPLIN BECAUSE THE INFORMATION PROVIDED BY THE APPLICANT. SO THE CITY STAFF MADE AN ERROR IN ENFORCING SECTION 16 DASH D WHEN REVOKING THE SHORT TERM RENTAL PERMIT. I SECOND SECOND BY COMMISSIONER BENAVIDES. COMMISSIONER ZUNA. RIGHT. I THINK ULTIMATELY THE INTENT HERE IS TO BE IN COMPLIANCE AND COLLECT THE TAXES. RIGHT? THE APPLICANT MADE BEST EFFORTS TO REACH OUT TO RECTIFY THE SITUATION. I THINK THERE WAS AN ERROR, UH, MISCOMMUNICATION AND SUCH BETWEEN THE CITY. I THINK, UH, POTENTIALLY HAS RESPONSIBILITY AND SOMEWHAT WITH THE APPLICANT HERE. BUT THE OVERALL INTENT IS THAT A, THEY'RE IN COMPLIANCE, THEY'RE COLLECTING TAXES, THEY KNOW WHAT TO DO GOING FORWARD. UH, THEY'RE PAID IN FULL. WE DON'T HAVE ANY, UH, ADVERSE ACTIONS AGAINST THEM FOR THE OPERATIONS OF PROPERTY. I THINK THEY'RE VERY GOOD OPERATORS OF THE, OF THE, OF THE PROPERTY. UM, THIS IS JUST, WE SEEN, WE'VE SEEN NUMEROUS OF THESE SAME KIND OF GLITCHES WITHIN THE SYSTEM. I'M HOPING THAT WE MOVE ON TO THE BETTER REPORTING SYSTEMS. AND I AM GOING TO BE IN SUPPORT, I GUESS A A YES, INFORMATIVE, AFFIRMATIVE IS GRANTING THE APPEAL REQUEST OF THE APPLICANT. THANK YOU. COMMISSIONER BENAVIDES. I CONCUR WITH MY, MY COLLEAGUE. UM, AS THE CHAPLAIN STATED, THEY, THEY HAVE A TOTAL OF FOUR HOMES THAT ARE ON THE SHORT TERM RENTALS. AND HOPEFULLY THIS IS A, A LESSON LEARNED WITH THE EMAILS AND HOPEFULLY WE WON'T BE, WE WON'T SEE YOU HERE AGAIN UNDER, UNDER THE SAME CIRCUMSTANCES. SO I'M IN FAVOR. ANY OTHER COMMISSIONERS LIKE TO ADD MANNA? COMMISSIONER MANNA? UM, I'LL, I WILL BE, NORMALLY, I'M NOT ON THIS SIDE, BUT I'LL ALWAYS BE SUPPORTING THE APPLICANTS ON THIS PARTICULAR CASE FOR A COUPLE OF REASONS. ONE IS THAT THE, UM, THERE DOESN'T APPEAR TO BE ANY DIALOGUE FROM THE NEIGHBORS, UH, THAT HAVE SAID ANYTHING, UH, WITH THAT WORKS CONTRARY TO HAVING THIS SHORT TERM RENTAL NEXT TO THEM. SO, SO WE GENERALLY HEAR ABOUT NEIGHBORS OR HEAR FROM NEIGHBORS. UM, IF SO, AND SECOND THING, UM, YOU KNOW, UH, THE APPLICANT DID REACH OUT TO THE CITY ON THE 17TH AND ATTEMPT TO PAY, UM, ON MORE THAN ONE OCCASION. AND, UM, AND, AND SOMETHING FELL THROUGH AND THAT NEEDS TO BE RESOLVED BY THE CITY. UM, THAT'S NOT THE APPLICANT FROM MY PERSPECTIVE. SO IN THAT REGARD, I'LL BE, UH, PROVE ANYONE ELSE? YEAH, COMMISSIONER BARRINGTON. I WOULD JUST ECHO THE, UH, HOPE THAT THE TASK FORCE DEALING WITH, UH, THE STR ORDINANCE WILL, UH, DEAL WITH THE ISSUE OF COMMUNICATION, UH, WITH THE STR PERMIT HOLDERS, BECAUSE WE'VE HAD TOO MANY OF THESE CASES WHERE THAT THAT COMMUNICATION HAS BEEN THE HEART OF THE PROBLEM. YEAH. UM, AND ANYONE ELSE? YEAH, I'M GONNA CHIME IN THAT I'LL BE IN SUPPORT AS WELL. I, I THINK THE CITY'S BEEN DOING A, A BETTER JOB. I'M SEEING MORE COMMUNICATION. I'M SEEING, UH, BUT, BUT SOMETIMES WITH THESE NEW SYSTEMS AND THERE COULD BE SOME ENHANCEMENTS THAT MIGHT BE BETTER FOR PEOPLE WHO, WHO DON'T DO THIS, UH, FOR A LIVING FOR A VERY LONG TIME. SO I'LL BE IN SUPPORT. LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER AVIVE. I CONCUR. COMMISSIONER BURTON. I CONCUR. COMMISSIONER, COMMISSIONER ES I CONCUR. COMMISSIONER CRUZ. I CONCUR. COMMISSIONER KAPLAN? I CONCUR. COMMISSIONER MANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER UNI? YES, I CONCUR. CHAIR ORIAN AND I CONCUR THE FINDINGS OF FACT. MOTION PASSES. UH, 10 TO ZERO. UM, CONGRATULATIONS. UH, WE HAVE THE NEXT CASE, WHICH IS THE SAME APPLICANTS, SO SAME SITUATION. WE'LL SEE. WE'LL HEAR FROM YOU IN A MOMENT. UH, SO ITEM NUMBER SIX. GOOD AFTERNOON. MY NAME IS JUAN REZ, PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER SIX IS REQUESTED BY ADRIAN CHAPLIN AND IS SEEKING AN APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE THE APPLICANT'S SHORT-TERM RENTAL PERMIT. LOCATED AT 2 8 3 1 WESTVIEW. HIS OWN RESIDENTIAL SINGLE FAMILY DISTRICT, SINGLE FAMILY DISTRICT AND CONCERT DISTRICT NINE STR OPERATORS ARE REQUIRED TO REPORT REVENUES TO THE CITY'S FINANCE DEPARTMENT ON A MONTHLY BASIS. THIS INCLUDES REPORTING $0 IN REVENUES. SECTION 16 DASH 1D CLEARLY STIPULATES THAT FAILURES TO DO SO CONSTITUTES A VIOLATION OF THE CHAPTER. ON FEBRUARY 23RD, 2023, THERE WAS A CODE ENFORCEMENT CASE OPERATING A SHORT-TERM RENTAL WITHOUT A PERMIT. ON MARCH 16, A TYPE TWO STR PERMIT WAS ISSUED IN JULY, 2023, THE INITIAL 90, 60 AND 30 DAY NOTICES WERE ISSUED. HOWEVER, ON OCTOBER 18TH, 2023, FINANCE RESTARTED THE 90 DAY NOTICE. AS RECORDS WERE LOST ON NOVEMBER 17TH, 2023, THE 60 DAY REMINDER WAS SENT OUT. AND FOLLOWING THAT DECEMBER 15TH, A 30 DAY NOTICE WAS SENT OUT. AND FINALLY ON [01:30:01] JANUARY 24TH, 2024, THE PREMIER WAS REVOKED. THIS IS AN OVERVIEW OF THE TIMELINE PRESENTED AND DELINQUENT TAXES WERE PAID THE DAY AFTER REVOCATION. THIS IS A PORTION OF THE ONLINE APPLICATION WHERE THE APPLICANT ACKNOWLEDGES AND AGREES TO COMPLY WITH CHAPTER 16, ARTICLE 22, WHICH OUTLINES THE NEED TO PAY HOT TAXES. THIS IS THE SIDE PLAN OF THE PROPERTY SUBMITTED AT THE TIME OF, OF THE APPLICATION. THIS IS THE SUBJECT PROPERTY. IN THE NEXT FEW SLIDES OF THE NEIGHBORING PROPERTIES AND SURROUNDING AREAS, STAFF RECOMMENDS DENIAL OF THE APPLICANT'S REQUEST FOR AN APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE THE SHORT-TERM RENTAL PERMIT. AND 30 NOTICES WERE MAILED OUT. ZERO IN FAVOR, 14 IN OPPOSITION AND NO RESPONSE FROM WHISPERING OAKS HOMEOWNER ASSOCIATION. THIS CONCLUDES STAFF PRESENTATION. APPLICANT IS HERE TO ANSWER ANY QUESTIONS. ALL RIGHT. UM, SO THE APPLICANT COME FORWARD. HI, MY NAME IS ADRIAN CHAPLIN. UM, CAN I REFERENCE THE LA OR DO I HAVE TO, UH, I MEAN, WE, IF THERE'S ANY, WE'D LIKE TO HEAR ANYTHING DIFFERENT. I MEAN, WE, IT LOOKED LIKE THE DATES ARE SIMILAR. NO, THIS, THIS WAS THE, THE SAME SITUATION. UH, THIS WAS JUST THE OTHER PROPERTY AND, UM, THE COMMUNICATION CA CAME TO THE EMAIL ON THE 17TH. WE TRIED, WE RESPONDED, AND THEN WE WENT THROUGH THE PROCESS, UM, THAT WE FIND, UH, THAT WE RECEIVED FROM FINANCE TO GO TO THE WEBSITE. AND THEN ONCE YOU GO TO THE WEBSITE, UM, IT SAYS THAT THERE'S NO BILL DUE ON ANY OF THE, UM, PERMIT, UM, IDS THAT WE PUT IN. UH, WELL, WHAT'S DIFFERENT ABOUT THIS ONE IS YOU HAVE 14 PEOPLE IN OPPOSITION, PRETTY MUCH EVERYONE AROUND YOU IS THERE, UM, JUST TO ASK THE STAFF, IS THERE ANY, WAS THERE ANY FORMAL COMPLAINTS AT ALL ASSOCIATED WITH THIS ADDRESS? YEAH, NO. NO CODE COMPLAINTS THAT WE'RE AWARE OF? NO. OKAY. AND IS THERE, HAS THERE BEEN ANY OUTREACH OR INTERACTION WITH THE NEIGHBORS AS TO WHY EVERYONE IS IN OPPOSITION PROPERTY? WE HAVEN'T GOTTEN ANY COMPLAINTS. UM, NOTHING FILED OR ANYTHING. I KNOW NORMALLY SOMETIMES THERE'S PARTIES AND STUFF, BUT THERE'S NOTHING LIKE THAT GOING ON. SO I THINK COMMISSIONER, SO FROM THE CITY, UH, CITY SENT OUT A NOTICE, UH, WITH REGARDS TO LETTERS AND SO THOSE MIGHT BE OF VALUE TO BRING UP AT THIS POINT. RIGHT. AND SO, SO LET'S, UM, HAVE THE CITY BRING, IS THERE ANY DOC, UH, LETTERS THAT YOU CAN SHOW US? OPPOSITION LETTERS? UH, MR. TAYLOR POINT UP RIGHT NOW, THE EMAILS ARE RECEIVED AND OPPOSITION FROM NEIGHBORING NEIGHBORS. OKAY. OKAY. OKAY. OKAY. ALL RIGHT. IS THERE ANY VOICEMAILS OR ANYONE SIGNED UP TO SPEAK? UH, ONE SPEAKER AND SOME VOICEMAILS? OKAY. UH, WHAT WE'RE GONNA DO IS WE'RE GOING TO HEAR, WE'RE GONNA HEAR [01:35:01] FROM THE SPEAKERS, AND WE'RE GONNA HEAR THE VOICEMAILS. OKAY. AND THEN THAT WAY WE WILL, WE WILL ALL MAYBE HAVE SOME, UH, DIFFERENT INFORMATION THAT WILL GUIDE, GUIDE OUR DISCUSSION AND QUESTIONING. SO LET'S START OFF ON THE VOICEMAILS. I RECEIVED A NOTICE IN THE MAIL, UH, REGARDING AN FTR THAT IS IN OUR NEIGHBORHOOD. UM, LOOKS LIKE THE CASE NUMBER IS BOA DASH 24 DASH 1 0 3 0 2 2 AT 28 31 WHISPER VIEW STREET. AND AGAIN, UM, MY NAME IS BECKY AND I AM AT 27 58 WHISPER PATH. AND I WAS JUST CALLING, UM, TO SHOW MY SUPPORT. UM, THEY HAVE UPGRADED THE HOUSE AND I THINK THAT THEY'RE DOING AN EXCELLENT JOB FROM WHAT I CAN SEE. BUT IT IS VERY NICE TO SEE THAT THE HOUSE IS NOT BEING NEGLECTED AND ABANDONED AND THAT THERE ARE PEOPLE, UM, STAYING THERE AND TAKING CARE OF IT. AND I THINK IT DEFINITELY ADDS TO OUR NEIGHBORHOOD. UM, RATHER THAN HAVING AN ABANDONED HOME THERE AGAIN, I SUPPORT THE, UM, SHORT TERM RENTAL THAT WANTS TO CONTINUE TO, UM, OPERATE THERE OFF THE LETTER THAT I RECEIVED IN THE MAIL. UH, IF YOU HAVE ANY QUESTIONS, MY NUMBER IS 6 6 1 7 0 6, UH, 5 2 5 1. AGAIN, I WAS CALLING REGARDING THE 28 31 WHISPER VIEW STREET. UM, IF YOU HAVE ANY QUESTIONS, YOU CAN REACH OUT. THANK YOU. UH, UM, I JUST GOT A LETTER IN THE MAIL, UM, ABOUT A BOARD OF ADJUSTMENT CASE. IT'S THE NUMBER IS B AS IN BOY, OH, A DASH 24 DASH 0 3 0 0 0 2. UM, I LIVE AT 27 0 2 WITH FOR PASS. AND I JUST WANTED TO SAY THAT I'M OKAY, UH, WITH THE PEOPLE WHO WANT TO HAVE AN AIRBNB HERE. UM, THEY'RE QUIET. UM, AND I REALLY FIXED UP THE HOUSE, WHICH WAS IN FACT HELP OUR PROPERTY VALUES. UM, WE'VE NEVER HAD A COMPLAINT, SO I SUPPORT IT. UM, THANK YOU. BYE-BYE. HI, TODAY I'M CALLING IN REFERENCE TO CASE NUMBER A 2 4 1 0 3 0 0 0 2 2. MY ADDRESS IS 20 27 35 WHISPER PASS, SAN ANTONIO, TEXAS. AND I'M CALLING TO SAY THAT I AM IN FAVOR OF THE, THE SUBJECT PROPERTY IS 28 31 WHISPER VIEW STREET. AND I GOT A, A NOTICE FOR A BOARD ADJUSTMENT REQUEST, AND I AM CALLING TO SAY THAT I AM IN FAVOR OF THIS, UH, REQUEST. YOU KNOW, THE PROPERTY HAS BEEN VACANT FOR SOME TIME, MAYBE ABOUT A YEAR OR SO, UM, AND IT WAS BOARDED UP AND I'M JUST HAPPY TO HAVE SOME OCCUPANTS IN THERE. UM, IT WAS NICELY RENOVATED. SO I AM JUST CALLING TO SAY I AM IN FAVOR OF THIS. I HOPE ALL GOES WELL, AND YOU CAN CONTACT ME IF YOU HAVE ANY QUESTIONS OR CONCERNS. THANK YOU. HELLO, MY NAME IS MARY AND I AM CALLING IN REGARDS TO A CASE NUMBER THAT ENDS WITH 0 2 2. I AM CALLING IN REGARDS TO PROPERTY ADDRESS 28 31 WOODVIEW STREET. UM, I BELIEVE THAT WHISPER VIEW SHOULD STAY THE WAY THAT IT IS. I BELIEVE IT'S A GREAT ADDITION TO THE COMMUNITY. UH, THE HOUSE WAS ABANDONED FOR A LONG TIME, WHICH WAS AN EYESORE, AND ALSO COULD HAVE CAUSED US OTHER PROBLEMS WITH SQUATTERS. UH, THE THE CURRENT WAY THAT IT IS, IS NOT CAUSING ANY PROBLEMS THROUGH OUR BLOCK, SO I BELIEVE IT SHOULD BE LEFT THAT WAY. BO, A 24 1 0 3 0 0 0 22. MY NAME IS PETER ELIAS, 28 35 WHISPER REVIEW, 7 8 2 3 OH. I LIVE NEXT DOOR TO THE HOUSE IN QUESTION. WOULD YOU PLEASE REVOKE THE PERMIT? UM, THEY HAVE TOO MANY FACES. TOO MANY CARS, TOO MUCH COMING AND GOING. I DON'T FEEL SAFE IN MY OWN HOME. I'M SURE YOU WOULD NOT WANT IT NEXT TO NEXT DOOR TO WHERE YOU'RE LIVING. THANK YOU. PLEASE REVOKE THE PERMIT. THANK YOU. UH, MY NUMBER IS, UH, TWO TEN FOUR NINE TWO FORTY TWO TWENTY. AND, UH, PLEASE, PLEASE VOTE AGAINST IT. THANK YOU. BYE. [01:40:02] THE CASE NUMBER IS 1 0 3 0 0 0 2 2. IT'S FOUR ZEROS, I'M SORRY, 1 0 3 0 0 0 0 2 2. I'M CALLING ABOUT THE ADDRESS OF 2 8 3 1 WHISPER VIEW STREET. UH, MY NAME IS SHIRLEY CARTER. MY ADDRESS IS 1 1 4 0 7 WHISPER VALLEY, WHICH IS JUST AROUND THE CORNER. THE, UH, MY PHONE NUMBER IS (210) 452-3801. AND I DO NOT WANT THESE PEOPLE TO HAVE THEIR LICENSE RENEWED. THEY ARE, THIS IS A QUIET, PEACEFUL NEIGHBORHOOD. UH, I'VE LIVED HERE ALMOST 24 YEARS, AND I DON'T THINK THIS IS AN APPROPRIATE PLACE TO HAVE PEOPLE THAT WE DON'T KNOW COMING IN AND GOING OUT AT ALL HOURS OF THE DAY AND NIGHT. UH, IT DISTURBS THE NEIGHBORS. THERE'S GLASS IN THE STREET. THERE'S GARBAGE LEFT OUT ON THE STREET ON MONDAY AFTER THEY CLEAN TILL FRIDAY WHEN WE HAVE PICKUP. AND IT'S JUST NOT APPROPRIATE. THESE PEOPLE WERE SNEAKY AT COMING IN HERE. UH, I WATCHED THAT HOUSE FOR A LONG TIME AND I SAW IT WAS BEING WORKED ON. I THOUGHT IT WAS, THEY WERE MOVING IN AND OF COURSE, COULDN'T SAY ANYTHING. BUT THEN AFTER THEY HAD FINISHED THE WORK AND IT HAD BEEN DELAYED FOR A WHILE, I, NOW I UNDERSTAND THEY HAD NOT GOTTEN A PERMIT TO DO THE WORK. WHEN HE FINALLY GOT THAT SETTLED AND WORKED ON THE HOUSE, AND THEN TO MY HEART, I FOUND OUT THAT IT'S A, A BED AND BREAKFAST TO B AND B OR WHATEVER IT'S CALLED. I DON'T, MY NAME IS PETER LONDON, THE PRESIDENT OF THE WHISPER, SPRING OAKS HOMEOWNERS ASSOCIATION IN DISTRICT NINE. I'M SUBMITTING COMMENTS FOR THE PUBLIC RECORD ON BO OA CASE ENDING 0 2 2, WHICH IS AN APPEAL TO REINSTATE A SHORT-TERM RENTAL PERMIT REVOCATION AT 2 8 3 1 WHISPER VIEW IN OUR SUBDIVISION, APPARENTLY THIS OPERATOR HAD FAILED TO SUBMIT HOTEL OCCUPANCY TAXES AS REQUIRED BY LAW. OUR ORGANIZATION ASKS THAT THE PETITION FOR PERMIT REINSTATEMENT BE DENIED FOR SEVERAL REASONS. FIRST, THERE'S A HISTORY OF POOR MANAGEMENT ASSOCIATED WITH THE PROPERTY. OUR RECORDS INDICATE THE CODE HAD ISSUED A STOP WORK ORDER WHEN RENOVATIONS LEADING UP TO THE SHORT TERM RENTAL WERE BEING CONDUCTED WITHOUT PROPER PERMITTING. WHEN THE HOA HAS ATTEMPTED TO CONTACT THE OWNER ABOUT PROPERTY MAINTENANCE CONCERNS OVER THE YEARS, SUCH AS BROKEN WINDOWS CORRESPONDENCE SENT TO THE ADDRESS ON FILE WITH THE COUNTY, AN LLC BASED IN LAS VEGAS, HIS RETURN IS NON-DELIVERABLE. SO OUR ABILITY TO COMMUNICATE WITH THE OWNER HAS BEEN FRUSTRATING. REGARDING THE SHORT-TERM RENTAL ITSELF, THIS OPERATOR HAD LISTED TWO SEPARATE DWELLING UNITS, WHICH WOULD VIOLATE ITS TYPE TWO PERMIT. FURTHER, ONE OF THOSE UNITS APPEARS TO BE A CONVERTED GARAGE. OUR ORGANIZATION HAS NO RECORD OF HABITABLE SPACE CONVERSION BEING DONE LEGALLY FOR THAT PROPERTY, AND THEREFORE IT LIKELY VIOLATES THE CITY'S NEIGHBORHOOD CONSERVATION DISTRICT STANDARDS FOR WHISPERING OAKS, WHICH MANDATED TWO CAR GARAGE OR CARPORT MUST BE MAINTAINED. AND LASTLY, IT'S WORTH NOTING THAT THE PROPERTY OWNER HAS CHOSEN NOT TO BECOME A MEMBER OF OUR ASSOCIATION, AND THEREBY CONTRIBUTE TOWARD THE UPKEEP AND ADVOCACY OF OUR NEIGHBORHOOD, LIKE THE MAJORITY OF OUR RESIDENTS DO. SO THERE'S AN UNDERLYING PRINCIPLE IN THE CASE FROM OUR PERSPECTIVE. SIMPLY PUT, THIS APPEARS TO BE AN IRRESPONSIBLE OUT OF STATE INVESTOR WHO IS PROFITEERING OFF THE APPEAL OF OUR SUBDIVISION AND APPARENTLY SAN ANTONIO AS A WHOLE FOR THAT MATTER, WITHOUT SUPPORTING EITHER FINANCIALLY FOR THESE REASONS, OUR ORGANIZATION ASKED THE COMMISSION TO DENY ANY REQUEST FOR REINSTATEMENT OF THIS PERMIT. AND I'D LIKE TO THANK THE COMMISSION FOR ITS DILIGENCE. THANK YOU. I GOT THIS, UM, LETTER IN THE MAIL. OH, MY NAME'S ZACH. UM, I LIVE AT 11 4 23 WHISPER VALLEY, UH, HERE IN SAN ANTONIO. UM, ABOUT A, A SHORT TERM RENTAL THING ABOUT A BOARD OF ADJUSTMENT HEARING. UH, IT SAYS 24 DASH 1 0 3 0 0 2 2. UM, I, YOU KNOW, THESE GUYS ARE, I'VE NEVER HAD A PROBLEM WITH THEM. I LIVE DOWN THE STREET, AND SO I, I'M GOOD WITH IF THEY WANT TO DO IT. 'CAUSE THEY ACTUALLY MOW THE LAWN. AND WE HAD PESTS AND TICKS BEFORE THE PEOPLE WHO WERE LIVING THERE THAT NEVER CUT THE LAWN. AND THAT WAS, UM, BITING ALL OUR KIDS AND STUFF. SO THEY, YOU KNOW, THEY, THESE GUYS LIKE, THEY CLEAN UP THE HOUSE AND STUFF ALL THE TIME. SO I THINK IT'S GREAT. SO I, I'M GOOD WITH IT. ALL RIGHT, THANKS. THIS CONCLUDES THE VOICEMAILS. UH, THAT LAST VO VOICEMAIL IS, HAS AN X ON [01:45:01] THE NOTIFICATION PLAN, BUT HE SAID HE WAS IN SUPPORT AND THEN ALSO ON THE STAFF PRESENTATION, THERE WAS THREE, UM, ITEMS OF SUPPORT. UH, IS, CAN YOU DELINEATE THOSE ADDRESSES FOR US? OH, I'M SORRY. I'M, I'M ON THE POWERPOINT THAT'S ON MY COMPUTER. IT SAYS THERE'S THREE IN FAVOR AND NONE IN OPPOSITION. THE POWERPOINT ON THE SCREEN SAYS ZERO IN FAVOR. SO ARE YOU TALKING ABOUT A POWERPOINT THAT WAS EMAILED TO YOU? NO, IT'S RIGHT HERE. IT'S THE ONE THAT, THAT WHEN YOU, WHEN YOU FIRST WALK IN, IT'S UP. IT'S ALREADY UPLOADED AND SHOWING IT, UH, IT'S ON ALL OUR COMPUTERS. UM, I I THINK THEY HAD, UM, TROUBLE SAYING IF THEY WERE IN FAVOR AND OPPOSITION AS THIS EMAIL SAYS, I AM IN FAVOR OF HAVING THE STR PERMIT REVOKED. I THINK THEY WERE MISUSING SOME OF, UH, IN FAVOR AND AN OPPOSITION. SO I'M, I'M JUST CURIOUS. SO, SO IT LOOKS LIKE O ON THE, WE HAVE ONE IN FAVOR, AND THEN EVERYONE ELSE SEEMS TO BE IN OPPOSITION. I, ANYONE ELSE READ THAT? ANY DIFFERENT, HEAR THAT ANY DIFFERENTLY? AND THEN I BELIEVE WE HAVE, UH, UM, A CITIZEN SIGN UP TO SPEAK AS WELL. WELL, WE CAN GO THROUGH THAT AS, AND WE WILL HEAR WHAT THEY HAVE TO SAY. THAT'D BE WONDERFUL. I GOT, UH, JANICE, THANK YOU. I'M A LITTLE CONFUSED ABOUT THIS PROCESS MYSELF. UH, I'M HERE REPRESENTING THE WHISPERING OAKS HOMEOWNERS ASSOCIATION, AND I SEE UP THERE IT SAYS NO RESPONSE. UH, HOWEVER, YOU JUST HEARD A RECORDING FROM OUR NEIGHBORHOOD PRESIDENT PETER LUND. HE GAVE A VERY PRECISE, UH, REASON FOR OUR WANTING TO HAVE THIS STR DENIED. UM, A, A YEAR AGO I ATTENDED A MEETING IN THIS VERY ROOM TALKING ABOUT STRS. AND I BROUGHT UP THE FACT THAT THERE WAS AN STR IN OUR NEIGHBORHOOD THAT WAS RENTING TWO UNITS AS IN ESSENCE FOR THE PRICE OF ONE. AND THEY TOLD ME THEY WOULD BE LOOKING INTO THAT, BUT EVIDENTLY THAT'S CONTINUED ON. UM, SO ANYWAY, THE OTHER ASPECT THAT WE'VE BEEN CONCERNED ABOUT AND HAVE TRIED TO WORK WITH, WHO WE THOUGHT WAS THE OWNER, AND I DON'T KNOW IF I'M ALLOWED TO ASK THE QUESTION, BUT ARE Y'ALL THE OWNERS OR THE PROPERTY MANAGERS? WAIT, ALL THIS. WELL, WHAT IS THE LLC IN LAS VEGAS? I'M SORRY. YOU GOTTA SPEAK MA'AM. YOU NEED MIC. OKAY. WELL ANYWAYS, SO I'M JUST SAYING PERMISSION ALL FOR TWO OR THREE YEARS, WE'VE BEEN TRYING TO COMMUNICATE WITH PEOPLE SENDING THEM LETTERS TO LAS VEGAS AND WE'VE NEVER SEEN GOTTEN A SINGLE REPLY. UH, THE FACT THAT IT SAYS THERE WERE NO CODE VIOLATIONS, THAT IS SO INCORRECT. MY JOB IN THE NEIGHBORHOOD, MY VOLUNTEER POSITION ON THE BOARD IS TO DRIVE AROUND THE NEIGHBORHOOD AND, AND CALL IN THINGS TO THE CITY. AND IT IS NOT UNCOMMON TO HAVE TRASH THROWN UP AND DOWN THE STREET WHEN THE BARRELS ARE PUT OUT ON MONDAY. TRASH IS NOT PICKED UP TILL FRIDAY. AND THE RACCOONS HAVE HAD A BIG BUFFET ALL WEEK LONG. UM, ALSO, UH, THE NEIGHBORHOOD IS SUPPOSED TO BE UNDER A NEIGHBORHOOD CONSERVATION DISTRICT, WHICH MEANS THAT WE SHOULD HAVE A TWO CAR GARAGE OR A CARPORT FOR EACH HOUSE. THAT'S ONLY IN OUR DEED RESTRICTIONS, BUT IT'S ALSO IN THE NEIGHBORHOOD CONSERVATION DISTRICT. AND I INFORMED AN INDIVIDUAL WHO CALLED ME OVER A YEAR AGO AND ASKED ME ABOUT THAT. I EXPLAINED THAT. AND WHEN I TRIED TO GET BACK IN TOUCH WITH THEM, UH, MY PHONE CALL WAS BLOCKED. SO ANYWAY, UH, WE TRIED OURSELVES TO GET IN TOUCH WITH THE OWNERS AND HAVE HAD REALLY NO, UH, SUCCESS. SO IT'S NICE TO MEET WITH THE CHAPLAINS TODAY. AND AGAIN, OUR NEIGHBORHOOD ASSOCIATION ASKS THAT THAT PERMIT BE REVOKED. THANK YOU. THANK YOU. UM, ANY OTHER SPEAKERS? NO PUBLIC COMMENT, NO PUBLIC COMMENT. I'M GOING, UH, I'M GONNA ASK IF STAFF COULD LOOK UP ANY PERMIT HISTORY TO SEE IF THERE WAS A PERMIT PULLED FOR ANY WORK IN THE GARAGE THAT WE KEEP, UH, KEEPS BEING BROUGHT UP. UM, AND WITH THAT, IF THE APPLICANT COULD PLEASE COME BACK UP. CAN YOU, CAN YOU, I'M JUST GONNA ASK IT. CAN YOU START OFF BY ADDRESSING, UH, ISSUES RAISED WITH CONVERTING THE GARAGE INTO A, AN ADDITIONAL UNIT? SO WHEN WE BOUGHT THAT HOUSE, IT WAS LIKE THAT ALREADY. UM, WE HAD, SO BEFORE WE BOUGHT THE HOUSE, IT WAS UNDER, I FORGOT WHAT, BUT THE PREVIOUS OWNERS GOT SHUT DOWN. SO WE HAD, UM, I FORGOT THAT TEAM THAT OVERSEES IT HOT, NOT THE HOT, UM, STRIKE TEAM. SO IT WAS UNDER STRIKE. SO, UM, WE HAD TO PULL PERMITS, ELECTRICAL, PLUMBING, EVERY SINGLE PERMIT, UM, AND HAD MULTIPLE, UM, INSPECTIONS DONE. UM, WHEN WE GOT THAT, UM, PROPERTY [01:50:01] THE WAY IT WAS RIGHT NOW, STRUCTURALLY, UM, IT WAS THE SAME. SO, UM, IF THEY HAD A CONVERTED GARAGE, WE BOUGHT IT LIKE THAT. YEAH. IT LOOKS LIKE, UH, ACCORDING TO BCA, THAT ADDITIONAL LIVING AREA APPARENTLY WAS DONE IN 1987 YEARS AFTER THE HOME WAS BUILT. OKAY. UM, BUT YOU KNOW, WHO'S TO SAY FOR SURE, THAT'S JUST A LISTING THAT SHOWS UP ON BA. YOU DIDN'T DO THAT. YEAH. AND THE END AND AND OUTTA CURIOSITY, THAT NC D FOUR, UH, WHAT YEAR DID THAT GO INTO EFFECT? 2005, SIR? 2005, WHICH IF THIS INFORMATION ON BCAT IS, IS CORRECT. THAT'S, THAT WAS DONE WELL BEFORE THE, THE NCD. SO IT, HIS GRANDFATHER DIDN'T. RIGHT. UH, THAT'S UP BETWEEN Y'ALL AND THE CITY, BUT IT LOOKS LIKE I SEE SOMEBODY SHAKING THEIR HEAD. SO IT LOOKS LIKE POSSIBLE. SO WHEN WE WERE, UM, THIS HAD CAME UP ONE TIME WHEN WE WERE GETTING A LOAN FOR THE HOUSE WHEN WE WAS REFINANCING IT AFTER WE DID THE RENOVATIONS. AND, UM, I HAVE THE EMAILS, BUT WE, WE WENT, UM, I THINK WE ASKED THE CITY AND THEY DID SEND US SOMETHING THAT SAID THAT THIS WAS, WE WOULD'VE BEEN GRANDFATHERED IN BECAUSE THEY CHANGED THAT ORDINANCE AFTER, UM, THAT WAS DONE WITH THE PREVIOUS OWNER. RIGHT. SO THE QUESTION WAS IF WE HAD TO CONVERT IT BACK TO, OR HAVE TO GET A CARPORT AS, UM, I THINK, UM, IN THE ASSOCIATION THERE IS A CARPORT THAT'S REQUIRED. RIGHT. AND YEAH, I, I UNDERSTAND. AND THEN WE HEARD TESTIMONY THAT THERE WAS COMPLAINTS FILED ABOUT GARBAGE PICKUP. DID YOU RECEIVE ANY NOTICE FROM THE CITY? YES. UM, SO NOT FROM THE CITY. I DIDN'T RECEIVE ANYTHING FROM THE CITY, BUT, UM, DO YOU SHOW RECORD OF, OF ANY COMPLAINTS ON GARBAGE TO, BUT A NEIGHBOR DID LET US KNOW AND WE HAVE, UM, UM, SOMEONE, SOMEONE THAT TAKES IT OUT AND PULLS IT BACK IN. UM, I'M NOT SURE IF THEY'RE TAKING IT OUT ON MONDAY AND LEAVING IT FOR THE WEEK. THAT'S NOT THE ARRANGEMENT. I, I WILL FOLLOW UP WITH THAT. OKAY. UM, THAT IT SHOULD BE THE NIGHT BEFORE AND THEN THE DAY OF PICKUP, UM, THE LATEST IS THE DAY AFTER TO PULL IT BACK IN. ALL RIGHT. SO IS THERE ANY COM UH, I'VE ALREADY GONE THROUGH ALL MY QUESTIONS. IS THERE ANY OTHER COMMISSIONER QUESTIONS? MANANA, COMMISSIONER MANANA? SO, UM, I GUESS I DO HAVE A QUESTION WITH REGARDS TO THE, THE TWO SEPARATE UNITS THAT WERE TALKED ABOUT. AND SO, SO ARE THERE TWO UNITS ON THIS PROPERTY THAT ARE BEING RENTED? SO IT'S ONE UNIT. THE THE HOUSE IS ONE UNIT AND WE CAN RENT IT AS TWO UNITS. UM, WE WERE RENTING IT AS TWO UNITS AND THEN, UM, UM, NOW WE'RE RENTING IT AS ONE. SO YOU CAN RENT. UM, SO LET'S SAY THE HOUSE IS, UM, NINE BEDROOMS, RIGHT? AND LET'S SAY ONE SIDE IS SEVEN, THE OTHER SIDE IS TWO. YOU COULD RENT AS NINE BEDROOMS, OR YOU COULD RENT IT AS SEVEN OR YOU COULD RENT IT AS A TWO BEDROOM. NO. YOU SITTING IN ON THAT CITY. CAN YOU COMMENT ON THAT? NO, YOU MAY NOT. NO. IF YOU'RE GONNA RENT OUT SEPARATE HALVES OF A HOME, YOU NEED MULTIPLE STR PERMITS. YEAH. SO YOU CANNOT DO THAT. YEAH. OKAY. OKAY. I DO WANT TO CLARIFY ONE THING. THE, UH, CONCERNS RELATED TO BUILDING WITHOUT A PERMIT. THOSE WERE BACK IN 2021. UH, THE BEXAR COUNTY RECORDS SUGGEST THAT THEY DIDN'T OWN THE PROPERTY UNTIL JANUARY OF 23. THOSE WERE ISSUED TO A PRIOR OWNER. WE LOOKED AND CONFIRMED THERE ARE NO CONFIRMED CITATIONS RELATED TO THE STR SINCE THEY BEGAN OPERATING IT. OKAY. CHAIR COMMISSIONER ZUNA. YEAH. GIVEN THAT A, WE'RE NOT FULLY IN PANEL HERE. WE ONLY HAVE 11 MEMBERS WHEN WE'RE, WHEN WE SHOULD, WE ONLY HAVE 10. WHEN WE SHOULD HAVE 11. THERE'S, UH, OP OPPORTUNITY FOR THE APPLICANTS TO MEET WITH THE HOMEOWNERS. I'M TALKING THIS NO, YOU'RE NOT TALKING. I CAN HEAR YOU FINE. OKAY. CAN YOU, CAN YOU HEAR ME NOW? YEAH. I SAY, GIVEN THAT WE'RE NOT FULLY PANELED, WE HAVE 10 VERSUS 11, UH, FULLY PANELED AND THE OPPORTUNITY FOR THE APPLICANT TO MEET WITH THE HOMEOWNER PRESIDENT AND MAYBE SOME OF THE MEMBERS TO TALK ABOUT THE TRASH ISSUES AND THE ISSUES THAT ARE PENDING WITH THE PROPERTY. AND THEN TO MEET WITH STAFF BECAUSE THERE'S SOME, YOU KNOW, ISSUES WITH THE, UH, MULTIPLE UNITS BEING RENTED OUT. PERHAPS THEY CAN SPEND A LITTLE TIME AND TRY TO WORK WITH THE CITY AND WORK WITH THE NEIGHBORHOOD ASSOCIATION TO TRY TO, UM, YOU KNOW, EASE THE PATHWAY HERE VERSUS A VOCATION OF THE PERMIT COMPLETELY. SO IS, UH, APRIL 18TH A GOOD DATE FOR YOU? 1515 OR APRIL 5TH A YEAH, THAT'S FINE. OKAY. SO, UH, WITH THAT, IS THERE ANY OTHER COMMISSIONER QUESTIONS? COMMISSIONER COMMENTS? ALL RIGHT. I'M LOOKING FOR A MOTION TO CONTINUE TO APRIL 15TH. I MOVE THAT. UH, WE TABLE BOA 24 DASH 1 0 3 0 0 0 2 2 UNTIL APRIL 15TH. SECOND. OH, COMMISSIONER SECOND. UH, ALL IN FAVOR, CAN WE JUST GO ON RECORD AND JUST CONFIRM THAT THAT'S FOR CONTINUANCE NOT TO TABLE THE ITEM? YES. A CONTINU 15. CONTINUANCE CONTINUANCE UNTIL 15. APPRECIATE. THANK YOU. THANK YOU. UH, SECOND WAS, UH, UH, BY, UH, COMMISSIONER BARRINGTON. ALL IN FAVOR SAY AYE. AYE. ANY OPPOSED? HEARING NONE. MOTION IS CONTINUED. THE 15, UH, CASES CONTINUED TO THE 15TH. UM, YOU HEARD A LOT OF COMMENTS TODAY. UH, PLEASE GET WITH THE NEIGHBORS, PLEASE GET WITH THE NEIGHBOR ASSOCIATION AND WE LOOK FORWARD TO HEARING HOW THAT WORKS OUT FOR YOU, UH, AND WHAT YOU FIND OUT ON THE 15TH. SO, THANK YOU. SO, MR. CHAIR, THIS IS AN OPPORTUNITY FOR MAYBE THE [01:55:01] FINANCE DEPARTMENT. YOU KNOW, WE HEARD WHERE THE FINANCE WAS NOT ABLE TO PRESENT ON THE PREVIOUS CASE. MAYBE WE CAN GET SOME MORE CLARIFICATION. FINANCE DEPARTMENT SURE. OF WHAT HAPPENED, UH, WITH THE, WITH THE APPLICATION OF THE PAYMENTS ON THAT PART AS WELL. HOMEWORK FOR EVERYBODY. AGREED. SIR, WE, WE'VE INVITED THEM TO THE MEETINGS. OKAY. THANK YOU. OKAY. THANK YOU. THANK YOU. AND WE'LL SEE YOU IN A, IN A LIKE THREE OR FOUR WEEKS. THANK YOU. ALRIGHT, WE'RE GONNA, AT THIS TIME TAKE A BREAK. WE WILL SEE EVERYONE BACK IN ABOUT EIGHT MINUTES. WHAT'S HAPPENING WITH THIS CASE? ALL RIGHT. IT IS THREE OH EIGHT. I'D LIKE TO CALL THIS BACK, UH, INTO SESSION. AND WE'RE GOING TO RETURN TO ITEM NUMBER THREE. AND I UNDERSTAND THAT THE, THE MASTER SITE PLAN IS, UH, AVAILABLE. AND, UH, WHY DON'T WE START OFF BY HAVING THE, THE CITY COME UP AND TELL US ALL ABOUT IT. ALRIGHT, THIS IS OUR SIGNED MASTER PLAN FOR SWC VERDE. UM, IF YOU'LL GO TO THE, UH, YOU WANT 'EM TO GO TO THE SITE PLAN? YES. OKAY. THANK YOU. YES. COUPLE MORE SLIDES. RIGHT, RIGHT THERE. THIS ONE EXPLAINS EVERYTHING. I THINK THIS SALADS TOGO IS PROPOSING, UH, SIGN D. THAT WOULD BE THEIR SIGN. SIGN E WOULD BE THE HTO. AND THAT'S THE BO VERDE SIDE. ON BO VERDE. WE'RE ALSO IN A CORRIDOR WHICH REQUIRES A 200 FEET BETWEEN SIGNS. UM, EVANS WOULDN'T REQUIRE IT IF THEY PUT THE SIGN ON BO VERDE, IT REQUIRES 200 FEET PER THE BO VERDE CORRIDOR. IF THEY PUT THE SIGN ON EVANS, IT DOESN'T REQUIRE THE 200 FEET. IT'S NOW 150 FEET, BUT IT HAS TO BE IN SOMEWHERE WHERE D IS. AND THAT'S, THAT'S THE WHOLE THING IS, UM, E WENT TOO FAR NORTH. I GUESS IF WE SHOULD HAVE COME BACK DOWN FURTHER FOR MEAT SPACING. MAYBE F ALSO. BUT WHEN THEY INITIALLY DREW IT UP, THAT'S HOW THEY DREW IT UP. AND THIS IS WHAT THEY AGREED ON. WHEN THE OWNER ORIGINALLY SIGNED OFF ON IT AND IT BECAME OF RECORD, UH, HE SIGNED OFF ON SAYING, OKAY, THIS IS OUR SIGN PLACEMENT. THIS IS WHERE WE'RE GONNA PUT 'EM. UM, SIGNS WERE, WERE APPROVED. UH, HTO CAME IN LAST AND PUT THEIR SIGN UP BEFORE, UH, SALADS TO GO AND IT AFFECTED THEIR SPACING QUESTION. ALRIGHT, WELL THAT ANSWERS A LOT OF THAT QUESTION. QUESTION. SO, UM, GO AHEAD. SO, SO YOU SAID D THERE IF SO, THE D IS IN A PLACE THAT WOULD BE APPROVED, BUT, UM, BUT THEY'RE NOT AT D RIGHT NOW, ACCORDING TO THE, TO THE SIGNED MASTER PLAN THAT WAS AGREED ON. RIGHT. IT, IT WOULD'VE BEEN APPROVED, BUT E WOULD'VE HAD TO HAVE MOVED DOWN. F WOULD'VE HAD TO HAVE MOVED DOWN. 'CAUSE YOU HAVE TO MEET SPACING STILL 200 FEET BETWEEN SIGNS. SO IF D WOULD'VE GONE UP FIRST, E WOULD'VE BEEN FURTHER DOWN AND F WOULD'VE BEEN FURTHER DOWN. SO WAS THIS MASTER PLAN APPROVED PRIOR TO, UM, E AND F GOING IN? IT WAS APPROVED BEFORE ALL OF 'EM WERE PUT IN. SO, OKAY. SO MY QUESTION IS, IS IF YOU LOOK AT WHERE E IS, HOW MUCH FURTHER DOWN CAN IT GO? I MEAN, IT, IT'S, IT'S APPROVED LOCATION IS RIGHT AT THE PROPERTY LINE ALMOST. RIGHT. AND THAT'S WHAT THE OWNER AGREED TO, WHOEVER. AND SO, BUT IT WAS PUT SLIGHTLY LOWER THAN THAT. IT COULD HAVE BEEN, BUT IT'S, THAT WAS UP TO THEM WHEN THEY DREW IT UP. BUT HE COULD, BUT TODAY, IF HE, IF HE WERE TO SUBMIT AN APPLICATION TO PUT A SIGN WHERE D IS SHOWN, HE, HE, IT WOULD BE APPROVED. NO, 'CAUSE IT DOESN'T MEET SPACING. SPACING FROM WHAT? FROM E BUT E IS E. OKAY. THIS IS, THIS IS WHAT'S CONFUSING ME. SO ON THAT SITE PLAN, IF YOU HAVE. IF YOU, IF YOU SOMEONE, THIS THING IS SAYING, SOMEONE COULD PUT A SIGN WHERE E IS SHOWN AND SOMEONE COULD PUT A SIGN WHERE D IS SHOWN. IS THAT TRUE OR NOT TRUE? THAT IS TRUE. THAT IS TRUE. SO THE PERSON ON E PROVIDING YOU MEET SPACING FOR THE CORRIDOR, WELL, I MEAN, ISN'T THAT THE POINT OF THE PLAN IS FOR THE CITY TO VERIFY THAT THESE LOCATIONS MEET SPACING? I MEAN, IT, IT'S, IT'S, IF D AND E ON THIS MASTER SITE PLAN ARE, ARE WITHIN 150 FEET OF EACH OTHER, ISN'T, ISN'T THAT THE WHOLE POINT OF THE SITE PLAN IS THAT IT'S A NEGOTIATION WHEN THEY, WHEN THEY DRAW IT UP, THEY SAY, YES, WE'RE GONNA MEET SPACING INITIALLY WHEN THEY'RE DRAWING IT UP, WHEN THEY'RE PROPOSING THESE SIGNS. 'CAUSE THERE'S SIGNS, ELIGIBLE SIGNS ALL OVER THE PLACE AND THEN THEY REDUCE IT. 'CAUSE THEY, IN ORDER TO ENTER AN ASSIGNED MASTER PLAN, THEY HAVE TO REDUCE BY 25%. SO, BUT THERE IS A, THERE'S A DIMENSION THAT IT'S HARD TO READ, BUT YOU KNOW, TO THE RIGHT OF WHERE IT SAYS PAD A BETWEEN D AND E, THERE'S A DIMENSION THAT SAYS, YOU KNOW, THIS IS HOW FAR APART THEY'RE GONNA BE. CAN, WHAT DOES THAT SAY? THIS IS KIND OF BLURRY. I CAN'T READ THAT NUMBER. YEAH, IT'S THAT DIMENSION RIGHT THERE. STILL ONE 150 SOME. OKAY. ALRIGHT. SO THAT, SO THEY ARE PROPOSED TO [02:00:01] BE MORE THAN 150 APART. OKAY. SO LET'S HAVE THE APPLICANT COME BACK UP. MA'AM, I, ONE MORE QUESTION. YES, COMMISSIONER. SO YOU SAID, UM, IF WE PUT IT ON EVANS, HOW FAR LEFT WOULD IT HAVE TO GO? UM, TO BE CONSIDERED ON EVANS 150 FEET? YES. CAN YOU PUT A UH, LA POINT TO WHERE IT SHOULD GO INTO THE WHAT ABOUT RIGHT THERE? AND IT STILL HAD TO BE 150 FEET AWAY FROM C. FROM C, CORRECT. OKAY. ALRIGHTY. SO IT'D BE 150 FEET FROM C AND E THEN, IS THAT, WHAT, IS THAT THE REQUIREMENT? SO I'M TRYING TO UNDERSTAND WHAT THAT REQUIREMENT IS. IT DEPENDS ON YOUR FRONT EDGE, WHICH WAY THE SIGN IS FACING. SO THE SIGN IS FACING TOWARD VERDE TRAFFIC, THEN IT'S, IT'S THE APPLIC APPLICABLE TO TRIAL. YEAH. THE, THE MASTER OF SITE PLAN IS SAYING THAT D AND E, THAT DIMENSION'S 156 FEET IT LOOKS LIKE. AND SO, UM, IF E WENT UP A LITTLE, I DON'T KNOW HOW MUCH FURTHER E CAN GO UP. I MEAN, IT'S ALREADY RIGHT ON THE PROPERTY LINE. UH, BUT IT, THE APPLIC IF YOU YEAH. COME ON UP. SO CAN YOU USE THE LASER POINTER AND KIND OF YEAH, I, I CAN, I'D ALSO LIKE TO ADD ONE MORE THING I DIDN'T FINISH. WE ALSO HAD A PERMIT APPROVED FOR THIS SIGN STARTING ON OCTOBER 4TH, 2023. AND WHERE, WHERE WAS YOUR PERMIT APPROVED FOR? CAN YOU USE THE POINTER TO SHOW, IS IT WHERE THE D IS RIGHT ABOUT HERE? SO AS OF 2023 IN OCTOBER, THAT SIGN WAS NOT THERE. NOW AGAIN, FROM THE EXISTING BURGER KING, KING SIGN, THEY'RE 157 FEET. WELL THAT SAYS 1 56, I THINK YOU SAID CLARIFIED. I HAD 1 57 TWICE. WE'RE A HUNDRED. WE'RE PROPOSING 120 FEET AWAY FROM THIS SIGN WHERE WE ALWAYS HAVE BEEN. SO WE'VE ALWAYS BEEN PUSHED TO THIS POINT FROM BERG KINGS. WE HAD A DIFFERENCE OF WE'RE ONE 20 TO ONE 60. WE'RE 280 FEET AWAY FROM BURGER KING SIGN. WE'RE THE OUTMOST PART OF OUR POINT BECAUSE ON EVANS WE CAN'T, THAT'S ALL BASICALLY EASEMENT. WE CAN'T PUT A SIGN. SO IS IS, UM, DID YOU, HAVE YOU SEEN THIS PLAN BEFORE TODAY? NO, SIR. THIS IS THE FIRST TIME I SAW THAT AND I WAS ON THE SITE THIS MORNING AND VERIFIED HIM AND DID MEASUREMENTS AND STUFF TO MAKE SURE THE STUFF I HAD CAN, CAN YOU PROPOSE A SIGN WHERE THE D IS? IS THAT TOO FAR OFF? YEAH, I'M GONNA BE IN ALL THE UTILITY EASEMENTS. THERE'S A 14 FOOT THAT THAT WRAPS AROUND. IS THAT WHAT YOU GOT RIGHT HERE? ALL THAT THERE IS BASICALLY UTILITY. WHICH ONE? LIKE THIS DARK AREA. WELL, I KNOW THE CPS USUALLY GETS 14 FEET. DO YOU KNOW WHAT'S THERE? YES, I HAVE IF I CAN. DOES SOMEONE HAVE A WAY THEN WE HAVE THE, UH, EASEMENT MAP, DON'T WE? YEAH, WE HAVE, THERE'S ONE, WELL THERE'S PLENTY OF OTHER, WE HAVE OVERHEAD LINES AND EVERYTHING ELSE TOO. UH, CAMP, YEAH, WE HAVE, WE HAVE OVERHEAD POWER LINES, WATER EASEMENT, SEWER, UTILITIES. UH, WE'VE LOOKED AT, WELL, YOU KNOW WHAT ONE THING IS, IS, SO WE, AND I'M JUST GONNA PUT THIS OUT THERE, BUT WE HAVE A MASTER SITE PLAN IN PLAY THAT SHOWS, IT MEETS ALL THE SPACINGS. WHAT THE MASTER SIDE PLAN MAY, MAY NOT SHOW IS MAYBE EASEMENTS THAT CAME AFTERWARDS OR DURING PLATTING OR WHATEVER. CORRECT. YEAH. SO IT'S COULD BE IN CONFLICT WITH THAT. AND THAT'S, IT'S SOMETHING IMPORTANT. WE NEED TO KNOW ABOUT SOME OF THIS. ALL THE, ALL THE WATER EASEMENTS AND STUFF LIKE THAT. IT'S GONNA VARY TOO, BASED ON WHAT THEY DO, THE GENERAL USE OF THE PRO OF THE PROPERTY. THEY COULD BE BRINGING MORE WATER AND MORE GAS OR WHATEVER IT MAY BE. NOT JUST A STANDARD, YOU KNOW, LET'S BUILD IT, YOU KNOW, FOR A ROAD OR FOR INFRASTRUCTURE. OKAY. KAPLAN COMMISSIONER QUESTION. UM, FOR THE COUNTY, UH, FOR THE CITY, I'M SORRY. UM, WHEN DID THIS MASTER PLAN GO INTO EFFECT? WHAT YEAR? 2000 WHAT? 18. 2018. 2018. OKAY. OKAY. SO YOU HAVE A, YOU HAVE A 14 FOOT CCPS EASEMENT AND A 10 FOOT WATER EASEMENT. SO THERE'S A WATER LINE BEHIND THE 14 FOOT CPS. BUT COULDN'T YOU PUT YOUR SIGN, LIKE SEE WHERE IT SHOWS IN RED THAT YOU'RE SEEING ON THE SCREEN ON THE LEFT? UM, WE'RE ARE YOU TALKING ABOUT RIGHT HERE? YES. THAT'S WHERE WE'RE PROPOSING THE SIGN. THAT'S, THAT'S WHERE I'M PROPOSING TO PUT THE SIGN RIGHT NOW. OKAY. BECAUSE ON THE MASTER SITE PLAN, IT LOOKS LIKE IT'S, IT'S HARD. WELL THAT'S, EXCUSE ME, THIS WOULD BE ON MY THIRD PERMIT. ? NO, SO YOU GUYS SHOULD HAVE THAT. I, I DON'T HAVE A COPY OF THE ON THE MASTER SIDE PLAN. IT'S WHAT I WOULD LIKE MY FELLOW COMMISSIONERS TO LOOK AT IS THAT DASH, THERE'S A THICK AND THEN DASH, DASH THICK AND THEN DASH THAT. THAT'S A, THAT'S THE PROPERTY LINE. YES, SIR. AND LOOK AND LOOK WHERE IT, IT, IT, IT STOPS BEING ANGLED AND THEN HOOKS BACK INTO VERDE WHEN IT HITS STRAIGHT. SO THAT'S, UH, AT THAT POINT [02:05:01] THAT ALSO, THAT POINT SHOWS UP ON THE EASEMENT MAP. AND THAT D IS PRETTY DARN CLOSE, UH, TO, TO WHERE IT IS ON THE MASTER SITE. LIKE WHERE YOU'RE PROPOSING IT IS PRETTY DARN CLOSE TO WHERE IT IS ON THE MAP. RIGHT. IF WE COULD GET CLOSER TO THE INTERSECTION, WE WOULD KIND OF GO THERE, BUT WE'RE LIMITED BY EITHER THE PARKING AREA, THE PARKING. I GUESS WHAT I'M WONDERING IS A SIGN NUMBER E ON YOUR PROPERTY OR IS IT ACTUALLY ON THE, YOU KNOW, SIGN NUMBER E IS PROBABLY THIS FAR AWAY FROM THE PROPERTY LINE. THAT'S WHY I ASKED THE INSPECTOR WHAT'S THE SIDE SETBACK. 'CAUSE NORMALLY ON PROPERTY LINES ON, I GUESS I'M QUESTIONING EVERYTHING I'VE DONE THERE. YOU NORMALLY HAVE A 15, A 10 FOOT, 20 SIDE TO SIDE PROPERTY LINES IN THE SKY. WHAT, WHAT I'M QUESTIONING IS E IS IS BEING SHOWN ABOUT 10 OR 15 FEET AWAY FROM THE PROPERTY LINES. IT'S MAYBE FIVE AND IT'S, AND SO YOU LOSING 10 FEET THERE. I'M JUST WONDERING HOW YOU GET TO ONE 20 BECAUSE IF IT'S AT 1 58, BECAUSE THOSE MEASUREMENTS AREN'T CORRECT THERE. OKAY. UM, LIKE THIS IS SURPRISINGLY CORRECT. I MEAN IT'S, I KNOW THAT'S, THAT'S, I KNOW THAT E TO F IS 1 57, SO I DID IT TWICE WITH THE WHEEL TODAY. OKAY. AND THEN, YOU KNOW, THE ONE 20, LIKE I SAID, WE WOULD LIKE TO PUSH IT THAT WAY, BUT WE HAVE OVERHEADS. THERE'S OTHER STUFF IN THE WAY. SO WE'RE REALLY PUSHED AGAIN. WE'LL DO, I'D PUT IT IN THE STREET IF WE COULD, YOU KNOW, IDEAL FOR, FOR, UH, ALRIGHT. IS ANY OTHER COMMISSIONER QUESTIONS FOR ALL THIS NEW INFORMATION THAT'S COME TO LIGHT COMMISSIONER KAPLAN? UH, UH OKAY. SO YOUR EASEMENT. IT'S A EASEMENT, MA'AM, I'M SO CONFUSED RIGHT NOW. I DON'T EVEN UNDERSTAND WHOSE EASEMENT SIR. WHAT THERE'S A 14 FOOT CPS AND THEN A 10 FOOT WATER. OH, OH, YOU'RE, OH, YOU'RE TALKING ABOUT ON ON EVANS, RIGHT? YEAH, ON EVANS. YEAH. AND CAN YOU GET A VARIANCE FROM CPS OR THE WATER TO MOVE THE SIGN SO THAT IT SITS ON EVANS SO THAT IT ISN'T COMPLIANCE? IT WOULD HAVE TO BE RIGHT OVER HERE. OR IT'S, IF YOU'RE, IF THIS HILL GOES UP HERE, YOU LOSE EVERY BIT OF VERDE TRAFFIC WHEN THIS SIGN GOES UP THIS WAY. UHHUH. UNLESS THEY'RE DIRECT. UM, SO THE ANSWER IS YOU'RE NOT IN FAVOR OF OF WELL I'M NOT SAYING I CAN'T MAKE THAT DECISION FOR THEM, BUT IN MY EXPERIENCE, PUTTING A SIGN UP THERE IS NOT GONNA GIVE THEM IN THE TRAFFIC FLOW WHAT THEY WERE GOING FOR ORIGINALLY. RIGHT HERE. LEGALLY THEN THESE GUYS COULD PUT A SIGN RIGHT THERE SINCE IT'S ALL THE SAME. UM, GENERAL USE AS LONG AS IT'S 200 FEET AWAY. YEAH. SO, YEAH. AND SO THERE'S, THERE'S OVERHEAD PRIMARY POLES THERE, RIGHT? YES, THERE ARE. AND SO THIS ELECTRIC CODE REQUIRES A 10 FOOT OFFSET FROM THE OUTSIDE PRIMARY LINE. SO, SO HE'S NOT FOR PUTTING A LARGE SIGN LIKE THAT, HE'S NOT GONNA GET ANY, HE'S NOT GONNA GET INTO QUESTION. YEAH. AND, AND MY, MY MAIN CONTENTION IS WE HAD A PERMIT APPROVED TO START BUILDING TO ON THE 20, ON OCTOBER 4TH OF 23. SO THIS E-SIGN HAD TO BE, SN HAD TO GO IN WHILE OUR PERMIT WAS ACTIVE. IT HAD TO HAVE. AND SO THAT SHOULD HAVE BEEN CAUGHT. THAT SHOULD NEVER HAVE HAPPENED THERE. YEP. WE'VE TRIED TO KEEP THAT SITE PROTECTED, BUT I DIDN'T KNOW THAT WAS AN ISSUE WHERE WE HAD TO KEEP THE DUE DILIGENCE UP 'CAUSE SOMEONE COULD STEAL A SIGN THAT WE'VE HAD LITERALLY KNOWN WE'RE SUPPOSED TO GET FOR OVER TWO YEARS. YEAH. SO, UM, OKAY. IS THERE ANY OTHER QUESTIONS? ALRIGHT, UM, THANK YOU VERY MUCH. ALRIGHT. AND IF THERE'S ANYTHING ELSE FROM STAFF, WE'RE GONNA LOOK FOR A MOTION COMMISSIONER ZIN REGARDING CASE NUMBER, UH, BO O EIGHT DASH 24 DASH 0 3 9. I MOVED AT THE BOARD OF ADJUSTMENT GRAND REQUEST FOR AN MR. MICROPHONE. NO, WE CAN'T HEAR YOU SIR. SO SORRY. THAT'S QUITE ALL RIGHT. UH, REGARDING CASE NUMBER BO EIGHT DASH 24 DASH 1 0 3 0 0 0 1 9, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT REQUESTS FOR AN 80 FOOT VARIANCE FROM THE PC ONE CORRIDOR REQUIRED 200 FOOT DISTANCE FROM THE FREESTANDING COMMERCIAL SIGNS TO ALLOW A 120 FOOT DISTANCE, UH, BETWEEN FREESTANDING COMMERCIAL SIGNS SITUATED AT 2 2 1 4 3 VARDE ROAD, APPLICANT BEING SSC SIGNS AND LIGHTING BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH A LITTLE ENFORCEMENT OF PROVISION, SO THE UDC AS AMENDED, WOULD RESULT IN UNNECESSARY HARDSHIPS. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY THE CURRENT STANDARD OF 200 FOOT MINIMUM DISTANCE SET BY THE VERDE ROAD PRESERVATION CORRIDOR. HOWEVER, THE EXISTENCE OF MULTIPLE EASEMENTS LIMITS THE PLACEMENT OF SIGNS. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF FINDS THAT A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD, WOULD CAUSE UNNECESSARY HARDSHIP AS THE APPLICANT IS LIMITED, LIMITED IN AN AREA [02:10:01] WITH PROPER, UH, VIEWABILITY. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS SUBSTANTIAL JUSTICE WILL BE DONE. GRANTING THE VARIANCE WILL NOT CAUSE A WILL, WILL NOT CAUSE A NEW DESIGN PRECEDENCE AS THE PROPERTY HAS SPECIFIC CHARACTERISTICS SUCH AS LOCATION EASEMENTS, WHICH WILL NOT GO AGAINST THE SPIRIT OF THE ORDINANCE. FOUR, THE VARIANCE NOT, DOES NOT AUTHORIZE THE OPERATION OF USE OTHER THAN 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. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THE PROPERTY IS LOCATED. UH, GRANTING OF THE VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DIS OF THE DISTRICT AS ALL OTHER DESIGN STANDARDS WILL BE OBSERVED. SIXTH, APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE TO SOLVES DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL ARE AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS. THE DISTRICT WHICH THE PROPERTY IS LOCATED, THE UNIQUE CIRCUMSTANCES WERE FOUND ON THE PROPERTY, WHICH WOULD WARRANT THE NEED OF A VARIANCE SUCH AS LOCATION OF THE LOT IN EASEMENTS AND OF MOTION. SECOND. SECOND BY COMMISSIONER MANOCK. COMMISSIONER ZUNE. RIGHT. SO THIS, UH, SPECIFIC MOTION I I WILL, I WILL BE SUPPORTING. RIGHT? I THINK THE APPLICANT WAS NOT, UH, THE CAUSE OF THE HARDSHIP HERE. I THINK THE EXISTENCE OF THAT E UH, SIGN AND LOCATION E UH, WAS NOT CAUSED BY THE APPLICANT HERE, BUT HE IS THE ONE THAT'S AFFECTED AND, AND LIMITING HIS ABILITY TO PROVIDE ADEQUATE SIGNAGE FOR, FOR THE, UH, THE OPERATION, ECONOMIC VIABILITY AND OPERATION OF THE, OF THE RESTAURANT PAD. UH, ADDITIONALLY THERE, THERE'S NO VARIANCE REQUEST FOR ANY SIZE OF THE SIGN. IT'S MERELY THE LOCATION AND THAT OFFSET, I THINK REQUIRE REQUIRING HIM TO, TO HAVE THE SIGNAGE MOVE TO EVANS ROAD, I DON'T THINK WOULD BE, UH, AN EFFECTIVE, UM, UH, SOLUTION FOR THE APPLICANT HERE. HE'S TRYING TO GET THAT SIGNAGE OFF OF VERDE ROAD AND, UH, YOU KNOW, GIVEN THE EXISTENCE OF THE MASTER SIGN PLAN AND THE IMPLICATIONS THEREOF, I THINK IT'S A GOOD, UH, SOLUTION. AND I WOULD ALSO LIKE TO, I GUESS JUST STATE THAT THE, UH, THE LOCATION OF THE SIGN WOULD BE THAT 120 FOOT DISTANCE, RIGHT. AND KNOW CLOSER TO E UH, TO E TO MINIMIZE THE VISUAL CLUTTER EFFECT. ALRIGHT. COMMISSIONER MANNA, SO THAT WAS YOUR FRIENDLY AMENDMENT TO YOUR MOTION IS TO PUT A, A DISTANCE ON IT? YES. THAT, THAT WOULD BE IT. YES. YES. I, I CONCUR WITH THAT, UH, FRIENDLY AMENDMENT. UM, AND SO YEAH, I, I THINK THAT, UM, GIVEN THAT THERE IS A, UH, THERE WAS A SITE MASTER PLAN AND HIS APPLICANT IS TRYING TO COMPLY WITH THAT SITE MASTER PLAN AS BEST THAT CAN BE DONE, UH, GIVEN THE EASEMENTS. UM, AND THEN, YOU KNOW, QUESTIONS WITH REGARDS TO TIMING OF THE, UM, THE OTHER SIGN THAT CAME IN BETWEEN, UM, YOU KNOW, THIS IS ALL DRAWN OUT ON THE MASTER PLAN, SO THEREFORE I'LL BE SUPPORTING IT. ALRIGHT. ANY OF THE COMMISSIONERS LIKE TO ADD, UH, I WANT TO ADD THAT, UM, IT'S, THE MOTION IS, IS ASKING FOR A, A VARIANCE FOR THE 200 FOOT, BUT THE MASTER PLAN APPROVED IT BEING 158 FEET APART, WHICH I, I STILL FIND A LITTLE PECULIAR, BUT, UM, I'LL BE IN FULL SUPPORT BECAUSE ALL THE SIGNS THAT HAVE BROUGHT UP TODAY ARE GENERALLY IN CONFORMANCE WHERE THE MASTER PLAN SAID THEY SHOULD GO. SO WITH THAT, LET'S HAVE A ROLL CALL VOTE. COMMISSIONER UNA? YES, I CONCUR. COMMISSIONER MANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BURTON? YES, I CONCUR. COMMISSIONER STEVENS. I CONCUR. COMMISSIONER EZ. I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER KAPLAN? I CONCUR. COMMISSIONER BEAVIS? I CONCUR. COMMISSIONER EZ? YES, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. 10 TO ZERO. CONGRATULATIONS. YOU HAVE ANY QUESTIONS YOU, UH, GET WITH STAFF. THANK YOU. ALL RIGHT, WE ARE ON ITEM SEVEN. GOOD AFTERNOON. MY NAME IS JOSEPH FLAS, THE SHORT-TERM RENTER PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER SEVEN IS LOCATED AT 2 1 4 SOUTH MONUMENTAL AND IS SEEKING A PARKING ADJUSTMENT TO WAIVE THE ONE REQUIRED OFF STREET PARKING SPACE FOR A SHORT-TERM RENTAL PERMIT RENEWAL. THE SHORT-TERM RENTAL ORDINANCE STATES THAT AN OFF STREET PARKING SPOT SHALL BE PROVIDED TO QUALIFY FOR A PERMIT. SECTION 16 DASH 11 B STATES THAT SHORT TERM RENTAL PARKING SHALL COMPLY WITH CITY CODE CHAPTER 35 WITH RESPECT TO REQUIRED PARKING. ON FEBRUARY 1ST, 2021, AN STR PERMIT WAS ISSUED AN ERROR, AN INSUFFICIENT PARKING PLAN WAS SUBMITTED AND WAS UTILIZING AN UNPAVED ALLEY IN THE REAR FOR INGRESS AND INGRESS. ON FEBRUARY 6TH, 2024. THE APPLICANT WAS NOTIFIED OF A DENIED RENEWAL PERMIT APPLICATION DUE TO THE SUBMITTED PARKING AREA. NOW BEING COMPLIANT WITH THE UBC SECTION 35 DASH 5 26 [02:15:01] TRAFFIC CONFIRMED THAT THE PARKING PLAN DOES NOT MEET SECTION THREE FIVE DASH 3 26, I'M SORRY, 5 26 DUE TO THE ALLEY NOT BEING PAVED AND PARKING SPACES NOT BEING AN ALL WEATHER SURFACE. AND THIS WAS THE SITE PLAN THAT WAS SUBMITTED AT THE TIME OF THE APPLICATION. AND THIS IS THE SUBJECT PROPERTY AND THIS IS AN AERIAL VIEW OF THE SUBJECT PROPERTY. AND THE NEXT COUPLE OF SLIDES ARE THE SURROUNDING AREAS. STAFF RECOMMENDATION FOR THE PARKING ADJUSTMENT STAFF RECOMMENDS A DENIAL OF THE APPLICANT'S REQUEST FOR A PARKING ADJUSTMENT TO WAIVE OF THE ONE REQUIRED OFF-STREET PARKING SPACE FOR A SHORT TERM RENTAL STAFF. MAILED OUT 36 NOTICES WE RECEIVE ZERO IN FAVOR, ZERO IN OPPOSITION, AND THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION OF THE REQUEST. THIS CONCLUDES STAFF'S PRESENTATION. UH, STAFF IS ALSO AVAILABLE FOR QUESTIONS AND THE TRAFFIC TEAM IS ALSO HERE TOO. ALRIGHT, THANK YOU VERY MUCH. UM, LET'S HEAR FROM THE APPLICANT PLEASE. ALRIGHT, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE. GOOD AFTERNOON. UH, MY NAME IS JOSE, MY WIFE HEATHER. UM, SUE, UH, OBVIOUSLY WE ARE HERE TODAY TO, UH, PLEAD OUR CASE ON BEING GRANTED A PARKING PERMIT BASED ON THE REQUIREMENTS OUTLINED UNDER UDC, UH, SECTION 3 5 5 2 6. SO WE ARE REQUESTING THIS ADJUSTMENT, UH, AS WE HAVE JUST SPENT OVER $7,000, UH, RENOVATING THE PARKING AREA IN THE BACK OF THE HOUSE, UH, TO BE MORE SUITABLE FOR OUR, OUR GUESTS AND ALSO TO ACCOMMODATE, UH, TWO OR MORE VEHICLES. UH, SO THE ONLY DIFFERENCE, UM, BASED ON WHAT I UNDERSTAND AND WHAT I KNOW AND WHAT WAS PROVIDED TO ME, UH, THE INFORMATION PROVIDED TO ME WAS THE SURFACE MATERIAL, UH, THAT WAS USED, UH, FOR THE PARKING AREA SHOULD HAVE BEEN PAVED, UH, WITH ASPHALT. AND OURS IS, AS YOU CAN TELL, CRUSH GRANITE. UM, I'M AFRAID THAT THE, THE, THE CHANGING OF THE SURFACE MATERIAL OF OUR PARKING AREA TO MEET THE REQUIREMENTS, WE WILL BE TOO MUCH OF A FINANCIAL BURDEN SINCE WE HAVE JUST MADE SIGNIFICANT INVESTMENTS ON IT. AND WE ALREADY CARRY MANY EXPENSES ATTRIBUTED TO SHORT TERM RENTALS, SUCH AS HOTEL REAX AND OTHER EXPENSES THAT MAKE THIS COST PROHIBITIVE. I'D ALSO LIKE TO MENTION FURTHERMORE, THAT, UH, HAD WE KNOWN OF THESE REQUIREMENTS WHEN WE WERE FIRST GRANTED THIS PERMIT TWO YEARS AGO, WE WOULD'VE COMPLIED WITH IT. UH, UNFORTUNATELY THIS WAS ONLY BROUGHT UP TO US AND, UM, OBVIOUSLY UNBEKNOWNST TO US, UH, DURING OUR PERMIT RENEWAL PROCESS AFTER THE WORK HAD ALREADY BEEN DONE TO THIS PARKING AREA. UM, SO THE PARKING AREA, UM, UH, THAT WE HAD BUILT, UM, IS, IS OUR, IS IS OPERATIONAL TODAY, UH, AND HAS HAS BEEN OPERATIONAL FOR SEVERAL MONTHS. UH, AND OUR GUESTS DO USE IT, UH, WHEN THEY PREFER PRIVATE PARKING. UH, WE MADE SURE THAT THE PARKING AREA WAS, UH, GRADED TO HAVE ADEQUATE DRAINAGE. AND TO THIS DATE WE'VE HAD NO ISSUES. UH, WE, UH, EVEN MADE, UH, ADDITIONAL IMPROVEMENTS BY MOVING OUR FENCE LINE BACK TOWARDS OUR HOUSE TO ALLOW FOR GREATER TURN RADIUS WHEN ENTERING THE PARKING AREA THROUGH THE ALLEY. UH, WE MAINTAINED THE ALLEY TO THE BEST OF OUR ABILITY TO MAKING SURE IT'S ALWAYS CLEANED UP AND ALWAYS SAFE PASSAGE, UH, AND ALWAYS HAS SAFE PASSAGE FOR VEHICLES ENTERING OUR PROPERTY. UH, AND FOR ADDED SAFETY AND, UH, PROTECTION. WE HAVE TWO SECURITY CAMERAS, ONE FACING THE PARKING AREA AND ONE IN THE OTHER, UH, FACING THE FRONT OF OUR HOUSE. UH, WE WANNA THANK YOU AGAIN TODAY FOR YOUR TIME AND HOPE YOU'LL CONSIDER OUR REQUEST FOR THIS ADJUSTMENT. ALRIGHT, THANK YOU VERY MUCH. UH, QUICK QUESTION FOR STAFF, JUST TO MAKE SURE WE'RE CLARIFYING ALL THIS. UM, THE, IS THE, IS THE, UH, PARKING ITSELF, UH, OF ISSUE, IS IT SOLELY JUST THE PAVEMENT OF THE ALLEY? THAT'S THE ISSUE? YES. OKAY. IS THERE A VARIANCE? UH, THEY CAN PURSUE THROUGH MAYBE PLANNING COMMISSION FOR THE PAVEMENT OF THE ALLEY OR AN ADMINISTRATIVE VARIANCE FOR THAT? AS FAR AS ACCESS VARIANCE ON THAT IS ON THE BOARD OF ADJUSTMENT FOR CONSIDERATION IS THE PARKING REQUIREMENT. SO, UM, IF THIS IS DENIED, THEN THAT'S THE OTHER STEP THAT THEY'RE GOING TO HAVE TO PURSUE. OKAY. AND, AND, UH, DOES OTHER PEOPLE ON THE ALLEY, DOES ANYBODY USE IT? DOES ANYBODY USE IT FOR ACCESS TO ACCESS A REAR PARKING LOT? NOT THAT WE'RE AWARE OF. OKAY. ALL RIGHT. SO COMMISSIONER MANNA. SO, UH, CAN CITY BRING UP, UM, THE OVERHEAD VIEW ON GOOGLE? AND IF YOU ZOOM OUT A LITTLE BIT, UM, IT LOOKS LIKE ON MONTANA STREET, UM, THERE IS A, IT'S PAVED, UH, TO TWO LOTS AWAY THAT A HOUSE IS, THAT APPEARS THAT THAT DUPLEX IS LEVERAGING THE ALLEYWAY IF, UNLESS THAT'S A CLOSED OFF ALLEYWAY. [02:20:01] SO I'M TRYING TO UNDERSTAND, DOES THE ALLEYWAY GO ALL THE WAY FROM MONTANA TO YES. YES IT DOES. UM, WYOMING, DALLAS, THE CITY. SO MAKE SURE THEY, OH YEAH, SORRY. SO THE FIRST QUESTION, DOES ALLEYWAY GO ALL THE WAY THROUGH AND IT DOES LOOK LIKE IT'S PARTIALLY PAVED AND THEN THERE WE GO. SO THERE'S A CAR BLOCKING THE ALLEYWAY, IT LOOKS LIKE, UM, PARKED THERE. OKAY. AND THEN, UM, WHAT TYPE OF SURFACE WOULD, WHAT IS THE MINIMUM SURFACE REQUIREMENT FOR AN ALLEYWAY TO BE CONSIDERED COMPLIANT? I'M SORRY, REPEAT YOUR QUESTION ONE MORE TIME. WHAT IS THE MINIMUM SURFACE REQUIREMENT FOR AN ALLEYWAY TO BE CONSIDERED COMPLIANT? WILL IT, ARE YOU ASKING WHETHER IT HAS TO BE PAVED OR WHETHER HOW WIDE IT HAS TO BE NEITHER? UM, WELL, WELL, I GUESS MAYBE PAVED. COULD IT BE, UM, A STRIP, UM, YOU KNOW, LIKE A STRIP, UH, DRIVEWAY LIKE WE, UM, SEE IN THE PAST IT HAS TO BE FULLY PAVED. IT IS, AT THIS POINT IT'S AN UNIMPROVED ALLEY. THE, I DO SEE THAT AREA THERE TO THE NORTH OF, UM, THE PROPERTY THAT IS SHOWING THAT, THAT AREA IS, LOOKS LIKE CONCRETE. WE'D NEED TO LOOK IN TO SEE WHAT TOOK PLACE FOR THAT PROPERTY. BUT IT IS AN UNIMPROVED ALLEY THE REST OF THE WAY. UH, IF YOU LOOK AT STREET VIEW ON MONTANA, IT LOOKS LIKE, UH, THAT HOME IS USING A PIECE OF THE COMPLETE ALLEY WIDTH. 'CAUSE THERE IS A DRIVEWAY CUT THAT LOOKS PRETTY DARN WIDE THERE. BUT, UH, YEAH, THEY'RE, THEY'RE USING THAT SOMEHOW. AND THEN, UM, AND SO FOR, SO THE REQUIREMENT FOR, UM, OFF STREET PARKING, UH, FROM THE FRONT COULD BE A STRIP PARKING LOT THEN, OR, OR PARKING STRIP, IS THAT CORRECT? MEANING A RIBBON PARKING? YES. A RIBBON, I'M SORRY, RIBBON, SORRY. PARKING ON THE FRONT OF THE PROPERTY. YES. HOWEVER, I DON'T KNOW THAT THERE'S ENOUGH FRONTAGE. OKAY. THANK YOU. ALL RIGHT. ANY OTHER QUESTIONS? RUTH? COMMISSIONER CRUZ? UH, IS THE ALLEYWAY USED FOR ANY KIND OF, UH, CITY FACILITIES? ANY TRASH PICKUP OR ANYTHING ELSE? NOT THAT WE KNOW OF. SO, BUT EVERYBODY HAS ACCESS TO THE ALLEY, CORRECT? CORRECT. THANK YOU. ALL RIGHT. ANYONE ELSE? UH, BON COMMISSIONER BEEZ, DO, DO YOU GUYS EVER HAVE AN ISSUE WITH A CAR BEING PARKED THERE AND NOT BEING ABLE TO ACCESS THE ALLEY BECAUSE THEY HAVE A DRIVE THERE? YOU MEAN IN THE ALLEYWAY? YEAH. YEAH. NO, NO. OKAY. THERE'S TWO ENTRANCES TO THE ALLEYWAY, BUT WHAT I'M SAYING IS IF THAT OTHER SIDE, LIKE IF YOU WANTED TO ENTER THROUGH THE OTHER SIDE AND THERE'S A CAR PARK THERE, YOU COULDN'T, SO YOU COULD, YOU KIND OF ALWAYS HAVE TO GO THROUGH THAT OTHER SIDE SINCE THAT OTHER PROPERTY'S UTILIZING THAT, THAT PORTION. CORRECT. BUT WE SO YOU HAVE TO COME FROM THE FAR SIDE, CORRECT. OR YOU'RE KIND OF IN THE MIDDLE, BUT IT'S STILL THE, THE FURTHER SIDE OF THE ALLEYWAY TO GAIN ACCESS. RIGHT. WE JUST RECOMMEND THAT ONE. IT'S JUST SHORTER THAT WAY, WHICH IS, YOU KNOW, I GUESS IF WE COULD LOOK INTO THAT. 'CAUSE IT ALSO LOOKS LIKE THIS ISN'T LIKE A ISSUE TO THIS CASE, BUT IT ALSO LOOKS LIKE THEY HAVE A GARAGE THERE IN THAT, THAT PAVED SIDE, IF WE LOOK AT THAT RIGHT. THAT THEY USE IT FOR A PARKING SPACE, BUT IT ALSO LOOKS LIKE THEY HAVE A SINGLE CAR GARAGE ON THAT ONE. UM, BECAUSE ON THE OTHER CORNER THERE, THAT OTHER, THAT IS THE SAME PROPERTY OF ALL THOSE, UM, I GUESS TOWN HOMES, THAT ONE THAT'S ON THE CORNER HAS THAT SIDE ENTRANCE GARAGE. SO, SO HOW, HOW, HOW WIDE IS THAT ALLEY? UH, I ANTICIPATE THEY'RE TYPICALLY BETWEEN 14 AND 15 FEET. I THINK. UM, WHAT RACHEL'S SAYING, THIS ONE LOOKS TO BE ABOUT 14 FEET. OKAY. I MEAN, THE REASON WHY I'M ASKING IS, UH, IF YOU LOOK AT STREET VIEW OFF OF Y WYOMING AND YOU LOOK AT STREET VIEW OFF OF, UH, UM, MON MON, UM, MONTANA, IT, IT, I'M GETTING THE IMPRESSION LIKE THE HOMEOWNERS ON ONE SIDE ARE, ARE, ARE STARTING TO CLAIM ACCESS TO HALF OF THAT ALLEY IS, IS WHAT IT'S LOOKING LIKE. I'M WONDERING, WAS THERE EVER AN ALLEY CLOSURE OR ANYTHING ON THIS? DO YOU HAVE RECORD OF WE WOULD HAVE TO GO AND RESEARCH THAT TO DETERMINE, BUT THE PROPERTY OWNERS ARE NOT ALLOWED TO ENCLOSE THAT PORTION UNLESS IT IS PURCHASED BY THE CITY. FROM THE CITY. YEAH. IT'S, IT JUST LOOKS LIKE, I MEAN, BY THE PLACEMENT OF FENCING AND ONE GUY'S GOT A SHED THERE, IT LOOKS LIKE SOMEONE THEY'RE TAKING IT TED. HMM. OH YEAH. SO. ALL RIGHT. ANY OTHER QUESTIONS? I I JUST WANNA REITERATE, YES. UM, THAT THE PARKING ADJUSTMENT, IF IT IS APPROVED, IT RUNS WITH THE PROPERTY FOR THAT USE IN PERPETUITY. SO WHILE THERE ARE, UH, RENEWALS TO STR PERMITS, THIS IS NOT SOMETHING THAT WOULD REQUIRE THE APPLICANTS TO COME BEFORE THE BOARD EVERY THREE YEARS TO REAUTHORIZE. SO ARE YOU SAYING THAT IF IT WENT BACK TO BEING A SINGLE FAMILY USE HOME AS OPPOSED TO AN STR, THEN UH, THERE WOULDN'T BE [02:25:01] ANY ISSUES RELATED TO HAVING AN OFF STREET PARKING SPACE FOR THE HOUSE, WHICH IS TYPICAL? THAT'S, THAT'S A LITTLE DIFFERENT BECAUSE THE HOUSE EXISTED PRIOR TO THE ADOPTION OF THE CODE THAT REQUIRED THE PARKING SPACE. SO THAT ELEMENT MAY BE CONSIDERED NON-CONFORMING, BUT THE STR WAS ADDED WELL AFTER THE PARKING STANDARDS WERE ESTABLISHED. IS, IS THE ISSUE BEFORE US TODAY TIED TO AN STR USE? IT WOULDN'T BE. IT IS. OKAY. THANK YOU. ALRIGHT, COMMISSIONER BEEZ, I, I HAVE A QUESTION FOR THE CITY. SO THE, UM, STR THAT WAS, OR THE PERMIT THAT WAS GRANTED IN 2021, WAS IT AN ERROR OR WAS IT BECAUSE THE PAVEMENT, UH, IT WAS MATERIAL CHANGED? CAN YOU GO BACK TO THE SLIDE? UM, THAT WE HAD THE DEPICTION AND IT, YES, IT WAS AN ERROR. I ANTICIPATE STAFF'S INTERPRETATION AT THAT TIME WAS THIS WAS ACCEPTABLE FOR PARKING. THAT IS NOT THE CASE, THAT THEY NEED TO HAVE ACCESS IN ORDER TO, FOR IT TO BE ACCEPTABLE AND THE ACCESS IS UNIMPROVED. THANK YOU MANNA. ALL RIGHT, COMMISSIONER MANNA. SO, SO JUST FOLLOWING UP ON THAT QUESTION, SO, SO IT REALLY HAS NOTHING TO DO WITH THE GRANITE, UH, THAT'S LAID OUT, BUT, BUT THE ACCESS TO THIS PAD, IS THAT CORRECT? MM-HMM. , UH, THAT, SO JUST TO CLARIFY THIS, THIS PERMIT, UH, PERMITTABLE MATERIAL IS NOT SOMETHING THAT IS APPROVED FOR PARKING. SO THAT WOULD BE SOMETHING ELSE THAT WE WOULD HAVE TO BE IN DISCUSSION WITH THE APPLICANT ABOUT ONCE THEY CAME IN TO, UM, FULLY PROCESS THEIR PERMITS FOR THE PARKING. YES. COMMISSIONER, YES. SO, BUT, BUT THE VARIANCE REQUEST RIGHT NOW IS FOR US TO WAIVE THE ONE OFFSITE PARKING ON ONSITE PARKING REQUIREMENT? THAT'S CORRECT. SO THEY WOULDN'T HAVE TO MEET ANY KIND OF HARD SURFACE PARKING ON THE SUBJECT LOT, RIGHT? YEAH. IF, IF THE PARKING ADJUSTMENT WERE WAIVED, SO IF THEY CHOOSE TO PARK FLOOR ON THIS LOT OR NOT, IS THEIR DECISION, RIGHT? IF, IF THE PARKING ADJUSTMENT WERE APPROVED AND THE PARKING REQUIREMENT WAS WAIVED, THE EASIEST WAY TO ACHIEVE COMP, WE ADVISE THAT AS THE EASIEST WAY TO ACHIEVE COMPLIANCE BECAUSE THE ALTERNATIVE IS BUILD OUT AN ALLEY AND RECREATE THE ENTIRE PARKING SCHEME FOR A PROPERTY THAT LEGITIMATELY WAS DEVELOPED PRIOR TO PARKING SPACES GENERALLY BEING AT THE FOREFRONT OF, YEAH, IF WE DON'T APPROVE THIS, THEN THE APPLICANT WOULD HAVE TO, TO EITHER PAVE THE ALLEY AND ADDRESS THE PARKING OR THEY COULD GET A VARIANCE FROM THE ALLEY AND A VARIANCE FROM THE PARKING. UH, BUT THE EASIEST ONE IS TO GET ONE JUST FROM US, BUT DOES IT PUT THEIR SHORT TERM RENTAL, UH, UH, THEIR RENTAL PERMIT IN JEOPARDY IF THEY DON'T ADDRESS IT? LIKE HAVE PLANS TO ADDRESS THE PARKING SITUATION, LIKE IMMEDIATELY IF THE VARIANCE ISN'T PASSED? UM, IF THIS IS NOT APPROVED, YES, THE PERMANENT RENEWAL WOULD BE DENIED DUE TO NOT MEETING PARKING REQUIREMENTS. ALRIGHT. ANY OTHER QUESTIONS? OH, AWESOME. ALRIGHT, I'M LOOKING FOR A MOTION. OH WAIT, IS THERE ANY PUBLIC, UH, COMMENTARY? THERE'S NO PUBLIC COMMENT. ALL RIGHT, I'M LOOKING FOR A MOTION. BEES COMMISSIONER BEES REGARDING CASE BO A TWO FOUR DASH 0 3 0 0 26. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A PARKING ADJUSTMENT TO WAIVE THE ONE REQUIRED OFF STREET PARKING SPACE FOR A SHORT-TERM RENTAL UNIT SITUATED AT TWO 14 SOUTH MONUMENTAL STREET, APPLICANT BEING JOSE VIAL. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN, IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT THE APPLICANT HAS SUCCESSFULLY DEMONSTRATED THAT THEY MEET THE CRITERIA FOR A PARKING WAIVER AND A MOTION. SECOND. SECOND BY COMMISSIONER KAPLAN. COMMISSIONER BENAVIDES, I'M IN FAVOR. I'M GONNA BE IN FAVOR OF THIS, UH, THIS REQUEST. I THINK THEY'VE DONE A LOT TO UPGRADE THE PARKING AREA AND, UM, AND, UM, I'M, I'LL BE FOR IT. COMMISSIONER KAPLAN? YEAH, I, I AGREE THAT I WOULD BE IN FAVOR OF GIVING THE VARIANCE. UH, I THINK THERE WAS A MISTAKE BY THE CITY INITIALLY IN GIVING IT TO YOU, AND I DON'T THINK IT'S FAIR TO TAKE IT AWAY AT THIS POINT. ANY OTHER COMMISSIONERS LIKE TO ADD HEARING NONE? LET'S HAVE A ROLL CALL. VOTE. COMMISSIONER AVILES. I CONCUR. COMMISSIONER KAPLAN? I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BURTON? I CONCUR. COMMISSIONER STEVENS. I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER ZUNA? YES, I CONCUR. COMMISSIONER BONILLA, [02:30:01] I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. 10 TO ZERO. CONGRATULATIONS. UH, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF AND, UM, GREAT. THANK YOU. ITEM NUMBER EIGHT. OKAY. OKAY. UH, ALFONSO CAMACHO PLANNER, ITEM BOA 24 DASH 0 3 0 0 23. UH, PROPERTY IS 9 9 4 7 FALL HARVEST COUNCIL DISTRICT SEVEN. THE APPLICANT IS, UH, MIGUEL AND ATHENA. UH, AGA UH, REQUEST IS A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A ONE INCH SIDE SETBACK ON BOTH SIDES. UH, THE ZONING IS R FIVE RESIDENTIAL SINGLE FAMILY DISTRICT. THE SUBJECT PROPERTY IS LOCATED ON FALL HARVEST. THE PROPERTY OWNER INSTALLED TWO ATTACHED, UH, PATIO COVERS ONE ON EACH SIDE OF THE PROPERTY. CODE ENFORCEMENT INITIATED AN INVESTIGATION, UH, BACK ON JANUARY 5TH, 2024 FOR BUILDING WITHOUT A PERMIT ALONG THE EAST SIDE. THE APPLICANT IS REQUESTING THE, THE FOUR FOOT 11 INCH VARIANCE TO THE, UH, FIVE FOOT REQUIRED SETBACK, UH, FOR ONE INCH SIDE YARD SETBACK ON THE EXISTING FOR THE EXISTING 80 SQUARE FOOT ATTACHED PATIO COVER. AND ON THE, THAT ONE'S ON THE EAST AND A 330 FOOT, UH, SQUARE FOOT ATTACHED PATIO COVER ON THE WESTERN PORTION. HERE'S A SITE PLAN OF THE SUBJECT PROPERTY. UM, NOTED. THE, UH, THE ATTACHED PA PATIO COVERS ARE HIGHLIGHTED IN YELLOW ON EACH SIDE OF THE PROPERTY. AND THIS IS AN IMAGE OF THE SUBJECT PROPERTY FROM THE FRONT VIEW. UM, THIS IS, UH, AN IMAGE OF THE SIDE ATTACHED PATIO COVER OF THE EAST SIDE. HERE'S AN ALTERNATIVE IMAGE OF THE EAST SIDE PATIO COVER. HERE'S A SIDE OF THE WEST SIDE PORTION. UM, SO THIS IS THE ATTACHED WEST, ON THE WEST SIDE FROM THE STREET VIEW. AND HERE'S THAT SAME WEST SIDE, UM, PATIO COVER FROM, UH, FROM THE BACKYARD. THE NEXT SLIDES ARE IMAGES OF THE NEIGHBORHOOD AND SURROUNDING AREAS. UH, THIS IS AN IMAGE OF, UH, THE PUBLIC UTILITY, UM, UH, EQUIPMENT IN THE BACKYARD. THIS IS WITHIN AN EASEMENT. OKAY. OKAY. THEREFORE, UH, STAFF RECOMMENDS DENIAL OF BOA DASH 24 DASH 0 3 0 23 BASED ON THE FOLLOWING FINDINGS. OF FACT, THE ATTACHED PATIO COVERS WILL BE TOO CLOSE TO THE SIDE PROPERTY LINE CAUSING POSSIBLE WATER RUNOFF ON THE ADJACENT NEIGHBORING PROPERTY. AND NO OTHER SIMILAR SIDE BACKS WERE OBSERVED IN THE AREA. 33 33, UH, MAILED, UH, NOTICES WERE MAILED, UH, ZERO IN FAVOR, UH, TO IN OPPOSITION. AND THERE'S NO REGISTERED NEIGHBORHOOD ASSOCIATION. OH YEAH, THESE ARE, UM, THE RESPONSE, UH, THE, THE, THE RESPONSE LETTERS IN OPPOSITION. AND THAT CONCLUDES STAFF PRESENTATION. UH, THE APPLICANT IS AVAILABLE IN HERE FOR, TO ANSWER ANY QUESTIONS. ALRIGHT, THANK YOU. SO THE APPLICANT COME FORWARD. GOOD AFTERNOON. MY NAME IS MIGUEL AGA. I AM A RED, UH, HOMEOWNER OWNER AT, UH, 99 47 FALL HARVEST. WE ARE A, UH, SINGLE FAMILY OF SIX. AND, UM, WHEN WE MOVED IN, WE, UH, DID A LOT OF REMODELING INSIDE THE HOUSE. WE PAINTED ALL THE WALLS, THE NEW TILING AND EVERYTHING. AND, UH, PART OF THIS WAS THE, THESE TWO ADDITIONS. AND, UM, UH, WITHOUT THIS VARIANCE, I ASK YOU GUYS WITHOUT THIS VARIANCE, THERE IS, WE HAVE A BACKYARD THAT IS, UH, 20 FOOT IN, UM, DEPTH. AND, UM, AS YOU SAW THE PICTURES, THERE IS A UTILITIES ON BOTH SIDES. I DO NOT HAVE ANY STORAGE OR, [02:35:01] UM, UH, PATIO AREA. AND THE REASON IS WE HAVE AN ABOVE GROUND POOL AND WE HAVE A, THAT IS SEASONAL. WE REMOVE IT WHEN THE KIDS IN THE, IN THE WINTER. AND WE HAVE A, A PLAYGROUND FOR THE KIDS AS WELL IN THE SAME AREA. AND, UM, THE REASON IS, UM, I BUILD THIS STORAGE FOR THE LADDER, FOR THE LADDERS WHEN WE DO THE CHRISTMAS LIGHTS. AND WE DO, UM, I USE IT FOR THE ABOVE GROUND, UH, POST STORAGE AREA. AND, UM, THE SIZE OF OUR HOME IS COMFORTABLE. IT'S LARGE FAMILY OF SIX. HOWEVER, OUR BACKYARD IS VERY SMALL. AND, UM, WITH THESE UTILITIES, I, UM, PLEAD TO YOU THAT, UM, THESE PATIOS STAY, UH, IN PLACE, OBVIOUSLY WITHIN ORDINANCE AND CITY CODE. I CAN DO, UH, WE CAN DO ADJUSTMENTS OR MODIFICATIONS, UH, BUT I AM REQUESTING THIS VARIANCE. AND, UM, IF WE CAN SEE THE PICTURE. I HAVE SOME PICTURES. I DON'T KNOW IF YOU HAVE 'EM ON HERE. CAN I, CAN YOU SHOW THESE? CAN I PUT THESE ON THERE? AND IF YOU, IF YOU COULD JUST SCROLL, LIKE SCROLL BACK THROUGH THEM PLEASE. SO THIS ONE HERE IS FROM THE RIGHT SIDE OF THE NEIGHBOR, AND THIS IS HIS FENCE LINE. UM, I OFFERED TO DO A, A DRAIN OR, UM, A DRAIN, AND I OFFERED TO DO A GUTTER WITH THE DOWNSPOUT, UH, TO EASE FOR THAT ON THAT EASEMENT. CAN YOU, AND THIS IS THE, UH, THE SIDE VIEW. CAN YOU GO ON THE NEXT SCROLL ON THE NEXT ONE, PLEASE. THIS IS WHEN IT WAS DONE. THIS, UH, STRUCTURE WAS DONE IN, UH, IN, UH, SEPTEMBER OF 22. SO THIS IS GOING ON TWO YEARS NOW THAT THIS WAS DONE. THIS IS THE INTERIOR OF OUR HOME. WE MOVED INTO THIS HOUSE THREE YEARS AGO. THIS IS OUR SECOND HOME THAT WE'VE PURCHASED. AND THERE'S SIMILAR PICTURES. SO YOU COULD JUST SCROLL THROUGH THEM, PLEASE. THIS IS, UH, THE, UH, WHERE THE STRUCTURE IS NOW WITHOUT THE COVERING. SO THIS IS, AS YOU CAN SEE HERE, THIS IS WHERE WE, UH, NOW WE PUT OUTDOOR EQUIPMENT, LAWNMOWERS, UH, BIKES AND ABOVE GROUND POOL STORAGE AREA. THIS IS THE, UH, I'M SORRY, YOU COULD JUST SCROLL THROUGH THAT, PLEASE. THIS IS THE, UH, OTHER SIDE OF THE, THE WEST SIDE OF THE HOUSE. AND, UM, THIS IS, THIS PATIO HERE IS USED FOR, UH, UH, OUTDOOR LIVING AREA AND, UM, BARBECUING AND OUTDOOR SPACE. THIS IS THE INTERIOR OF THE HOME, AND I THINK THAT IS IT. OH, THIS IS A, A BIRTHDAY PARTY WE HAD, UM, NOT TOO LONG AGO. SO, UM, I THINK THAT IS, THAT IS ALL I HAVE. UM, FOR NOW, I THINK THAT THAT IS ALL. UM, I DID GET SIGNATURES FROM THE NEIGHBORS. THE, I'M NOT SURE IF THIS WILL, I HAVE SIGNATURES FROM SEVEN NEIGHBORS, INCLUDING THE, THE ONES IN THE FRONT AND THE, THE ONE, THE LADY TO THE, TO THE CORNER, THE ON THE WEST. SO, UM, I DO HAVE THAT AVAILABLE HERE. AND SO WITH THAT BEING SAID, YES I CAN. OKAY. WELL, UH, LET'S SEE IF THERE'S ANY QUESTIONS. UH, IS THERE ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? COMMISSIONER ZUNA? I HAD A COUPLE QUESTIONS. UH, FIRST IS, UM, HOW, HOW WAS THIS CASE ORIGINATED? UH, THIS CODE COMPLIANCE OR THE CODE COMPLIANCE CASE? OKAY. SECOND. WHO, WHO BUILT THE, LIKE, THE STRUCTURE I'M MORE CONCERNED ABOUT IS THE WHOLE PATIO STRUCTURE THAT OVER, IT'S OVER THE FUR, THE PATIO FURNITURE. WHO, WHO BUILT THAT WE'RE BUILDING PERMITS PULLED WHEN Y'ALL PUT THAT? I, WE DID NOT PULL ANY PERMITS. I DID HIRE A, UM, A FRAMER OR A CONTRACTOR TO DO THIS. DO YOU HAVE THE NAME OF THAT CONTRACTOR? 'CAUSE HE'S WORKING WITHOUT PERMITS. UM, CALVIO, I MEAN, HE'S JUST, UM, I GUESS LIKE A, HE'S REALLY NOT A KINDA A WEEKEND CARPENTER. YEAH. UH, KIND OF. SO, [02:40:01] OKAY. AND THEN THE NEIGHBOR, SO WE'RE ON THE MAP THAT WE SEE THERE'S A EITHER SIDE OF YOUR NEIGHBOR. WERE IN OPPOSITION TO THE VARIANCE REQUEST. YOU SAID THAT YOU HAD ONE OF THE NEIGHBORS WAS IN FAVOR THAT YOU HAD, UH, THE LA THE ONE WHERE THE PATIO, WHERE THE FUR PATIO FURNITURE. IS THIS THE BLUE HOUSE? SHE'S IN FAVOR. SHE WAS HERE EARLIER AND SHE WAS OUTSIDE. THEY LEFT, I DON'T KNOW WHY. I GUESS IT WAS TAKING TOO LONG. SO THEY LEFT, BUT SHE DID SIGN THE PAPER IN FAVOR. OKAY. SHE SAID THAT SHE WASN'T OPPOSED TO IT. NOW THIS STRUCTURE HERE DOESN'T NECESSARILY, I HAVE A, ANOTHER PICTURE THAT I, I GUESS WE DIDN'T SHOW YOU, BUT THIS PATIO HERE IS NOT HANGING OVER THE FENCE LIKE THE OTHER ONE. THIS IS A FOOT WITHIN THE, THE, THE FENCE AND IT DRAINS TO THE FRONT AND BACK, WHICH IS DIFFERENT THAN THE OTHER. CORRECT. AND THIS ONE DOES HAVE GUTTERS IN THE FRONT AND IN THE BACK. THIS ONE IS GUT. IT HAS A GUTTER AND A DOWNSPOUT. THANK YOU. OKAY, KAPLAN. THANK YOU. HOW, HOW MANY FEET, UH, FROM THE OTHER SIDE. CAN WE GO BACK TO THE OTHER ONE? HOW MANY FEET FROM THE FENCE LINE TO YOUR HOUSE IS THAT? THIS IS A FIVE BY 16 STRUCTURE. FIVE FEET. OKAY. YES. AND IT'S RIGHT ON, RIGHT ON THE FENCE LINE. OKAY. I HAVE SOME QUESTIONS. SO YOU, YOU HAVE AN EXISTING PORCH AND WHY DIDN'T YOU JUST EXTEND IT? BECAUSE YOUR HOUSE IS, IS SHOWN TO BE PER YOUR SURVEY 11.2 FEET AWAY FROM THE SIDE. WHY DON'T YOU JUST EXTEND THAT OUT TO THE FIVE FEET AND THEN GO BACK A LITTLE BIT TO GIVE YOU MORE OF AN OUTDOOR PORCH. THERE'S A THIRD TREE THERE, THERE'S A TREE. AND THEN THE STRUCTURE WOULD HAVE BEEN REALLY LOW. LIKE, IT'S LIKE, I MEAN, YOU COULD, IF YOU RAISE YOUR HAND, YOU CAN TOUCH THE, THE BEAM ON THE PATIO, ON THE BACKYARD. YOU MEAN ON THE, I'M LOOKING FOR ONE OF THE PHOTOS THAT WOULD, THAT WOULD REFLECT THE TREE. NO, HERE I CAN, I HAVE ONE HERE ON MY PHONE AND I'LL SHOW YOU. UM, YOU CAN SHOW THEM. SO THIS IS THE BACKYARD, RIGHT WHERE THE PATIO ENDS? UM, WELL IT'S, IT'S BECAUSE YOUR, YOUR SURVEY SHOWS A COVERED PATIO THAT'S IN LINE WITH THE HOME. AND WHAT THIS PICTURE IS SHOWING, IT LOOKS LIKE YOU EX, IT DOESN'T SHOW THE COVER. IT LOOKS LIKE YOU EXTENDED THE PREVIOUS PORTION OF IT. HOW MUCH, LIKE WHERE THAT, UH, UM, IS IT, UM, WHAT IS IT? SHI MARIA, THE EXISTING COVERED PATIO. THE EXISTING PATIO THAT WAS THERE WITH THE HOUSE I BELIEVE WAS AN EIGHT BY EIGHT. IT JUST WITH THE, BUT HOW THAT SHIIA THAT ON YOUR PICTURE THAT'S ON THE, THE SCREEN RIGHT NOW, HOW FAR AWAY IS THAT? IS THAT EDGE FROM YOUR HOME? HOW FAR AWAY? UM, I WOULD SAY ABOUT FIVE FEET FROM THE TREE TO WHERE THE, UM, NO, YOU CAN'T SEE THE ROOF THERE. WELL, I'M LOOKING FOR FROM WHERE THE LEG OF THE CHIIA IS, THE OUTER LEG, UH, WHERE IT, WHERE IT'S A PERVIOUS BEFORE IT HITS GRASS. HOW FAR AWAY IS THAT? FROM THE EDGE OF THE HOME? YEAH, THAT, THAT SPACE RIGHT THERE, THAT'S PROBABLY ABOUT FIVE FEET. SO YOU HAVE AN EIGHT BY EIGHT PORCH THAT YOU'VE, THAT ISN'T COVERED, THAT'S BEEN EXTENDED FIVE FEET OUT? NO, NO, IT DOESN'T HIT THE TREE. THE, UM, IT'S LIKE, I'M, I'M NOT TALKING ABOUT THE TREE. OKAY. CAN YOU BRING UP THE, UM, SURVEY PLEASE? SO, SO IN FRONT OF THAT COVERED PATIO, HOW FAR IN FRONT OF THAT COVERED PATIO IS IT, IS IT NOT GRASS? IS IT IMPERVIOUS COVER? THE, THE TREE'S LIKE RIGHT HERE. OKAY. THAT, THAT PICTURE JUST PAINTS A DIFFERENT PICTURE FOR ME. IT, IT LOOKS LIKE YOU, YOU IMPROVED THE EXTENDED, THE PATIO JUST DIDN'T COVER IT. THAT'S WHAT, THAT'S WHAT THAT PICTURE LOOKS LIKE. THAT'S WHAT I'M TRYING TO FIND OUT. OKAY, BUT YOU'RE SAYING THAT, SO THAT TREE IS PHYSICALLY A FEW FEET AWAY FROM YOUR HOME? YES. CORRECT. SO IT'S LIKE, IT'S RIGHT HERE. YEAH, I MEAN, IT, IT, THAT JUST PICTURE MAKES IT LOOK LIKE IT'S MUCH FURTHER THAN, THAT'S WHY I WAS LOOKING FOR A BETTER PICTURE. THAT'S, I DON'T KNOW IF WE COULD GET LIKE A GOOGLE, UM, IF YOU CAN GET A GOOGLE IMAGE FROM, I'M LOOKING A TREE . YEAH. SO THAT'S THIS TREE HERE. UM, [02:45:01] THAT'S THAT TREE RIGHT THERE. OKAY. OKAY. ALRIGHT. I'M JUST TRYING TO PUT THAT INTO PERSPECTIVE. I DIDN'T, OKAY. OKAY. IS THERE ANY OTHER QUESTIONS? SO MANNA, COMM, COMMISSIONER, MANNA? YEAH, SO IF YOU BRING UP, SO YEAH, I'M TRYING TO UNDERSTAND THE BACK PICTURE TOO. SO IF YOU BRING UP THE PHOTO FROM THE BACKYARD, UH, I GUESS GOING TOWARDS THE FRONT OF THE MAIN STRUCTURE OR, UH, MAIN ONE, ONE MORE PICTURE. THERE YOU GO. SO I SEE CONCRETE THERE, UM, KIND OF GOING INTO THE BACKYARD, UM, WHICH IS PAST THE POST, WHICH IS THE POST ON THE LEFT, WHICH IS PART OF THE ORIGINAL PATIO COVER, CORRECT? RIGHT. THE ORIGINAL PATIO COVER WAS HERE. RIGHT THERE. YES. SO IT LOOKS LIKE IT'S 10 FEET OF CONCRETE COMING OUT THAT WAY. THE PICTURES ARE, I DON'T KNOW IF LIKE ON THE IPHONES IT'S 0.51 AND THEN IT'S LIKE A ZOOM OUT PICTURE. SO THE, THE PERSPECTIVE OF THE PICTURE IS NOT THE, HOW DO I EXPLAIN THE, THE IMAGE? IT'S KIND OF LIKE A CON CONVEX, UM, IT'S ZOOMED OUT LIKE A, WELL, IF I GO FOR, OKAY. SO I'LL TAKE A LOOK AT THE NUMBER OF SLATS THERE. IN THE FENCE IT LOOKS TO BE EIGHT FEET FROM THE, AT LEAST THE CONCRETE, AT LEAST EIGHT FEET, YOU KNOW, COMING BACK TOWARDS PAST THE BARBECUE PITS ON THE RIGHT HAND SIDE. SO, UM, FROM THIS POST TO, TO WHERE THE CONCRETE ENDS IS ABOUT FOUR OR FIVE FEET, THIS, THIS BARBECUE PIT HERE IS ONLY ABOUT FOUR FEET, FOUR FOUR TO FIVE FEET. KAPLAN COMMISSIONER KAPLAN. OKAY. SO YOUR, YOUR, UH, VARIANCE REQUEST IS ASKING FOR ONE INCH ON BOTH SIDES OF YOUR PROPERTY. BUT YOU SAID THERE'S A FOOT BETWEEN THE FENCE AND THE SIDE. THAT'S THE PICTURE THAT'S UP THERE. NOW THERE'S ONE FOOT. YES, MA'AM. SO THIS POST RIGHT HERE, THIS POST RIGHT HERE IS ABOUT A FOOT AWAY FROM THE FENCE. SO WOULD YOU AMEND YOUR REQUEST? WE CAN CHANGE THAT. YES. EVEN, EVEN THIS, EVEN THIS RIGHT HERE, IT DOES NOT HANG OVER THE FENCE. SO JUST FYI, THE VARIANCE HAS TO STOP OR THE OVERHANG STOPS. OKAY. AND, AND SO THE OVERHANG STOPS. HOW FAR FROM THE FENCE THEN? BEFORE THE FENCE? I WOULD SAY HOW MANY INCHES? EIGHT INCHES? I WOULD SAY EIGHT INCHES, YES. MAYBE SIX TO BE SAFE SINCE WE'RE SPEC SIX INCHES SINCE WE'RE SPECULATING . OKAY. SIX INCHES. BUT THAT'S OKAY. WELL, IF THERE'S NO OTHER QUESTIONS, UH, IS THERE ANY PUBLIC COMMENTARY, UM, ONE PERSON SIGNED UP TO SPEAK? UH, MRS. RUDY ZA? YES, SIR. ALL RIGHT. WE'RE GONNA LISTEN TO, UH, CITIZEN SIGNED TO SPEAK AND THEN WE'LL SEE IF THERE'S ANY FOLLOW UP QUESTIONS. THANK YOU, SIR, IF YOU COULD PLEASE COME TO THE PODIUM. TELL US YOUR NAME AND TELL US YOUR THOUGHTS, SIR. GOOD AFTERNOON, SIR. MY NAME'S RUDY LESA AND UH, I SUBMITTED THE REQUEST 'CAUSE THIS IS MY SIDE OF THE HOUSE AND THERE'S A GOOD, UH, OVERHANG COMING OVER ONTO MY PROPERTY WHERE HIS RUNOFFS COMING OFF. UM, HE OFFERED TO INSTALL THE DRAIN. THE PROBLEM IS IT'S STILL GONNA BE ON MY SIDE OF THE PROPERTY LINE, SO, UM, I'M GONNA GET HIS RUNOFF AND UH, I HAD SUBMITTED AN EMAIL HIS RUNOFF, AND NOW I'M, AND HAVE FOUNDATION ISSUES ON MY SIDE OF THE PROPERTY. NOT ONLY THAT, UM, WHEN I GO TO MOVE, WHEN I GO TO SELL THE PROPERTY, NOBODY'S GONNA BUY IT BECAUSE NOBODY'S GONNA WANT AN OVERHANG ON, UH, THE PROPERTY SINCE HE'S BUILDING ON MY SIDE. I HAVE SOME PICTURES TOO AS WELL WHERE I TAKE A RULER AND, UH, I'M ON MY SIDE OF THE PROPERTY. IT SHOWS, UH, THE EXTENSION THAT COMES OVER. SO I DON'T KNOW IF YOU WANNA SEE THOSE OR, UH, UH, MANNA COMMISSIONER MANNA. SO, SO I HAVE A QUESTION FOR YOU, SIR. YES, SIR. UM, THANK YOU FOR SERVING BY THE WAY. OH, THANK YOU. UM, SO, SO SOME OF THE DIALOGUES WE HAVE, UM, HAVE TO DEAL WITH, UM, OF THE SIDES AND HOW MUCH, YOU KNOW, CAN ANYTHING BE REMOVED FROM IT, UM, THAT WOULD MAKE IT MORE ACCEPTABLE. AND SO IF IT WAS PUSHED BACK THREE FOOT AS AN EXAMPLE, UM, YOU KNOW, WITH THE GUTTERS, YOU KNOW, WOULD THAT, WOULD THAT BE MORE ACCOMMODATING, UM, FROM YOUR PERSPECTIVE OR, I MEAN, IT'S STILL OUT OF COMPLIANCE. UH MM-HMM. OF THE MINIMUM FIVE FOOT RULE. RIGHT. UH, I THINK EVEN IF YOU GO THREE FEET OVER, YOU'RE STILL HAVE QUITE A BIT WHERE IT'S SITTING RIGHT ON THE PROPERTY LINE. AND AGAIN, UM, IT JUST MAKES AN ISSUE FOR RUNOFF. THANK YOU. YES, SIR. ALL RIGHT. ANY OTHER QUESTIONS? ALRIGHT, HEARING NOW, IF YOU DON'T MIND, I'D LIKE TO MAKE A COMMENT ON THIS. YES, STEVEN, THIS IS, UH, RACHEL PARRISH. I'M A DSD ENGINEER WITH, UH, DEVELOPMENT SERVICES. UM, BECAUSE THESE OVERHANGS ARE WITHIN 10 FEET OF THE NEXT STRUCTURE [02:50:01] THERE, THEY'RE, THEY LOOK COMBUSTIBLE AND PROBABLY NOT FIRE RATED IF I WERE TO GUESS. AND THEY NEED TO BE EITHER, UM, UP TO THE 10 FOOT MARK. SO FROM, I'M KIND OF BALL PARKING ON GOOGLE, IT LOOKS LIKE THE HOMES ARE ABOUT 10 FEET APART, GIVE OR TAKE. AND RIGHT NOW IT LOOKS COMBUSTIBLE. IT WOULDN'T BE CO COMPLIANT. ANYWAY, THANK YOU VERY MUCH. ALRIGHT, ANY OTHER QUESTIONS? LET THE APPLICANT COME BACK UP. SO YOU'VE HEARD A CONCERN FROM YOUR NEIGHBOR? UM, YES. YOU'RE LOOKING FOR ANY, UH, REBUTTAL OR ANY ADDITIONAL INFO, ADDITIONAL THOUGHTS? F*****G MIGHT IF I CAN, UH, IF I CAN CLARIFY SOMETHING. UM, CAN YOU GO TO THE LAST SLIDE FOR US PLEASE? AFTER A NOTIFICATION PLAN? SO I'M LOOKING AT THE APPLICANT'S, UM, SIGNATURE PAGE HERE AND IT DOES LOOK LIKE THIS PERSON ALSO SIGNED IT. UM, SO JUST SO THE BOARD IS AWARE, WE RECEIVED THIS TODAY. UM, SO THIS IS THE MOST UPTODATE ONE, EVEN THOUGH IT DOES APPEAR THAT THE APPLICANT DOES HAVE THE SAME PERSON SIGNING THEIR PETITION, MS. FFY. OKAY. ALL RIGHT. WELL, HOLD ON. UH, IS THERE ANYTHING ELSE YOU WANTED TO HAVE AS CLOSING REMARKS? UH, NO SIR. ALL RIGHT. SO WE'RE LOOKING FOR A MOTION MR. YOUR MAYOR. I HAVE A QUESTION, ONE MORE QUESTION HERE. SORRY. YES. SO, SO, UM, ON THE, UM, SIDE OF THE HOUSE WITH THE LARGER PATIO, IF IT WAS REMOVED FIVE FEET BACK FROM THE SIDE PROPERTY LINE, WOULD THAT BRING IN COMPLIANCE? SO AS LONG AS IT'S A OVERHANG, HE CAN ACTUALLY MOVE IT BACK TO THE THREE FOOT LINE. HOWEVER, THEY STILL HAVE TO ABIDE BY THE, UH, FIRE CODE AS STATED EARLIER, BUT RIGHT. BECAUSE IT'S JUST AN OVERHANG, IT CAN ACTUALLY GO, UM, TWO EXTRA FEET TO THE THREE FOOT LINE AND BE IN COMPLIANCE. OKAY, THANK YOU. I I WOULD, I WOULD LIKE TO ADD SOMETHING. UM, I BELIEVE THAT WITH THE PROPER DRAINAGE AND TWO COATS OF FIREPROOF INFLAMED RETARDANT VARIANCE, UH, WILL NOT CAUSE A NUISANCE TO THE PUBLIC, THEREFORE IT WILL NOT BE CONTRARY, UH, TO THE PUBLIC IF WE WERE ABLE TO LEAVE THESE, UH, STRUCTURES IN PLACE. SO, SO WHAT HAPPENS IS, UH, IF THIS BOARD WERE TO APPROVE YOUR REQUEST, YOU WOULD STILL HAVE TO GET IT PERMITTED AND ABIDE BY WHATEVER FIRE REQUIRES FOR THIS TO BE COMPLIANT. YES. UH, SO THAT'S HOW YOU ACCOMPLISH THAT. AND WHETHER YOU DO HAVE TO ACCOMPLISH THAT IS, IS BETWEEN YOU AND THE CITY AND YOUR BUILDING PERMIT. OKAY. WE'RE JUST, WE'RE WE'RE DECIDING AS WHETHER OR NOT YOU'RE ALLOWED TO ENCROACH INTO THAT FIVE FOOT SIDE SETBACK, THAT THAT'S IT. AND SO, UM, WITH THAT WE'RE GONNA LISTEN TO A MOTION, UH, WHO WOULD LIKE TO MAKE IT. UM, SO IF A MOTION BY COMMISSIONER KAPLAN REGARDING CASE NUMBER BO OA DASH 24 DASH 1 0 3 0 0 2 3. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR FOUR 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A ONE INCH SIDE SETBACK ON BOTH SIDES SITUATED AT 9 9 4 7 FALL HARVEST. APPLICANT BEING MIGUEL AGA BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE DETACHED PATIO COVERS ARE NOT CONTRARY TO THE PUBLIC INTEREST AS IT IS IT LIMITED IN SPACE. AND THE BUDDING SIDE PROPERTIES HAVE THE REQUIRED SETBACKS. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT IS LIMITED IN SPACE IN THE SIDE AND REAR YARD DUE TO SIGNIFICANT EAST SIZE EASEMENT. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE REDUCING THE SIDE SETBACK REQUIREMENT WOULD NOT INJURE PROPERTY NEIGHBORING PROPERTIES AS THE ATTACHED PATIO COVERS ARE LIMITED IN LENGTH. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE SIDE SETBACK WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THE SIDE SETBACK IS A PATIO COVER RATHER THAN A FULL BUILDING WALL STRUCTURE. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES IS PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE [02:55:01] DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE SIDE SETBACK VARIANCE IS SOUGHT DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS THE EXISTING EASEMENT IN THE REAR YARD. END OF MOTION. SECOND. SECOND. ANYWAY. SECOND BY COMMISSIONER UNA. COMMISSIONER KAPLAN. OKAY. I AM NOT IN FAVOR OF THE SETBACK ON THE SIDE OF THE NEIGHBOR WHO HAS COMPLAINED. THE ONE THAT'S FIVE BY 16. UH, THERE'S, IT'S JUST TOO SMALL A SPACE. UM, THE, IT GOES OVER TO THE NEIGHBOR'S PROPERTY. UM, I JUST THINK THAT, THAT, THAT NEEDS TO GO ON THE OTHER SIDE. UM, I AM WOULD LIKE TO SEE THAT REDUCED TO FIVE INSTEAD OF A ONE INCH SIDE SETBACK. A FIVE INCH, SORRY, SIX INCH SIDE SETBACK. AND SINCE THAT OTHER NEIGHBOR HASN'T, UH, IS NOT AGAINST IT, I AM NOT AGAINST THAT ONE AS LONG AS OBVIOUSLY YOU NEED TO GET A BUILDING PERMIT. ALRIGHT. COMM COMMISSIONER ZUNA? YES. SO I'M GONNA ACCEPT THAT. SO JUST TO CLARIFY, THERE IS GONNA BE A FOUR FOOT, SIX INCH VARIANCE FROM THE FIVE FOOT SIDE SETBACK TO ALLOW THE SIX INCHES ON THE EAST SIDE OF THE PROPERTY ONLY. AND NO VARIANCE IS BEING READ FOR THE, UH, WEST SIDE, UH, PROPERTY LINE, WHICH, UH, IS, UH, MOST AFFECTED BY THE NEIGHBORS. SO THAT'S WHAT I'M SUPPORTING AS WELL. SO THE MOTION IS, UH, FOR A, FOR A, UH, A FOUR FOOT SIX VARIANCE ONLY ON THE WEST SIDE. IS THAT CORRECT? WOULD BE THE EAST SIDE. EAST SIDE. OKAY. WHATEVER THE SIDE IS. I COULDN'T FIGURE OUT WHAT'S EAST. THE WEST IT'S EAST FROM THE, UH, OKAY, LET'S, UH, LET ME PULL UP THAT MAP. CAN YOU PUT THE OVERHEAD UP, UH, MAP UP PLEASE. THE WEST SIDE? YEAH, IT IS FOR THE, YOU, YOU'RE FOR THE WEST SIDE. THAT'S THE LARGER COVER. THE WEST SIDE IS OKAY. SIX INCH. THE WEST SIDE IS WHERE THEY SHOW THE, UH, OUTDOOR TABLE EAST SIDE, NOT NO VARIANCE. RIGHT. SO THE VARIANCE IS FOR A SIX INCH VARIANCE ON THE WEST SIDE ONLY TO ALLOW A STRUCTURE TO BE AS CLOSE AS FOUR FOOT SIX INCHES ON THE WEST SIDE. MANNA COMMISSIONER MANNA. SO, UH, UM, I THINK WE MAY, SO THE NEIGHBOR ON THE, UH, OTHER SIDE ON THE WEST SIDE, UM, SUBMITTED TWO. SO THEY WE'RE IN THE SURVEY, BUT THE LATEST ONE SAID THAT THEY WERE IN OPPOSITION. AND, AND SO I I WILL NOT BE SUPPORTING THE MOTION AS, AS AMENDED EITHER. OKAY. SO ANY OTHER COMMISSIONS LIKE TO ADD? UH, COULD WE GET CLARIFICATION ON WHERE THE NEIGHBOR 'CAUSE THE APPLICANT PROVIDED TESTIMONY TO US THAT THE NEIGHBOR SUPPORTED IT. SO, UM, THAT WAS DECISION MAKING. ALL RIGHT. SO THE APPLICANT DID PROVIDE A PETITION WITH THE, UH, NEIGHBORS TO THE WEST, UM, I'M SORRY, TO THE, TO THE EAST. UM, SAYING THAT THEY WERE IN SUPPORT. HOWEVER, THEY LEFT THE LETTER, WHICH IS UP IN THE SCREEN RIGHT NOW SAYING THAT THEY'RE IN OPPOSITION BEFORE THIS MEETING. OKAY. THAT ANSWERS THAT. AND I GUESS I AM NOT IN FAVOR OF THIS VARIANCE AT ALL. ALRIGHT, UH, WITH THAT, LET'S HAVE A ROLL CALL VOTE PLEASE. COMMISSIONER KAPLAN, I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER UNA, I CONCUR. COMMISSIONER BURTON, I DO NOT CONCUR. COMMISSIONER STEVENS? I DO NOT CONCUR. COMMISSIONER EZ? I CONCUR. COMMISSIONER CRUZ? I DO NOT CONCUR. COMMISSIONER MANA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER AVIVE. I DO NOT CONCUR. COMMISSIONER BONILLA? DO NOT CONCUR. I DO NOT CONCUR. CHAIR ORIAN AND I DO NOT CONCUR WITH THE FINDINGS OF FACT. UH, MOTION FAILS EIGHT TO TWO. UM, IF YOU GET WITH STAFF, THEY'LL TALK TO YOU ABOUT YOUR OPTIONS. OKAY, THANK YOU. MM-HMM? ITEM NINE? YES, SIR. OKAY. OKAY. ALFONSO CAMACHO, SENIOR PLANNER, UH, BOA DASH 24 DASH 3 28. UH, PROPERTY IS A TWO 18, UH, MABEL DRIVE COUNCIL DISTRICT 10. UH, APPLICANT IS DAVID AND MARIA CORTEZ UH, REQUEST IS A FOUR FOOT SPECIAL EXEMPTION FROM THE MAXIMUM FIVE FOOT HEIGHT TO ALLOW A NINE FOOT, PREDOMINANTLY OPEN FENCE AND AN EIGHT FOOT PREDOMINANTLY OPEN FENCE WITHIN THE FRONT YARD SETBACK. THE ZONING FOR THIS PROPERTY IS R SIX RESIDENTIAL SINGLE FAMILY. THE SUBJECT PROPERTY IS LOCATED ON UH, MABEL DRIVE SOUTH OF THE I 35 NORTH. THE PROPERTY OWNER INSTALLED A PREDOMINANTLY OPEN OVER HEIGHT FENCE WITHIN THE FRONT YARD. THE APPLICANT IS REQUESTING A [03:00:01] FOUR FOOT SPECIAL EXEMPTION FROM THE MAXIMUM FIVE FOOT HEIGHT TO ALLOW A NINE FOOT PREDOMINANTLY OPEN FENCE AND AN EIGHT FOOT PREDOMINANTLY OPEN FENCE WITHIN THE FRONT YARD SETBACK. THIS IS THE SITE PLAN OF THE PROPERTY. THE FENCES, UM, ARE LOCATED TO THE NORTH. HERE'S AN IMAGE OF THE FRONT OF THE PROPERTY. UH, THE FENCE IS A SUBJECT, SUBJECT, UH, FENCES. GO ON. YEAH. HERE'S A EASTERN PORTION OF IT. ROD IRON GO. HERE IS THE VIEW OF THE FRONT, UH, ENTRANCE, UH, ROLLING ENTRANCE AND THE WESTERN PORTION. THESE ARE, UH, IMAGES OF THE SURROUNDING, UM, AREA. UM, MAYBE ON ALONG MABEL DRIVE. SORRY. YEP. OKAY. HERE'S AN IMAGE OF THE, THE ADJACENT PROPERTY AND, UH, NEARBY FENCES. UH, THEREFORE STAFF RECOMMENDS, UH, DENIAL IN, UH, BOA DASH 24 DASH 0 3 0 0 0 28. BASED ON THE FOLLOWING FINDINGS OF FACT, UH, NO OTHER SIMILAR STYLE FENCES ARE OBSERVED IN THE AREA, AND THE CURRENT HEIGHT OF THE FENCE, UH, FAR EXCEEDS THE MAXIMUM HEIGHT. OKAY. UH, 29. UM, NOTICES WERE MAILED, UH, NINE IN FAVOR, UH, ZERO ZERO IN OPPOSITION. UH, NO REGISTERED, UH, NEIGHBORHOOD ASSOCIATION. HERE ARE A LIST OF THE, UH, PUBLIC RESPONSES. LEMME GO NEXT. YEAH. AND THIS WAS A LETTER PROVIDED BY THE APPLICANT OF, UH, SIGNATURES, UH, BY NEIGHBORS. OKAY. AND THAT CONCLUDES STAFF PRESENTATION. THE APPLICANT IS AVAILABLE TO ANSWER QUESTIONS AND, UH, THE APPLICANT HAS REQUESTED, UH, TRANSLATION SERVICES. BEFORE YOU GO THE, THE ROLLING ENTRANCE, I JUST HAVE TO ASK IS, DOES THE ROLLING ENTRANCE HAVE A, A MAN DOOR ON THE ACTUAL ROLLING GATE? YES. OKAY. THAT'S DIFFERENT. OKAY, GREAT. UM, LET'S HAVE, UH, THE TRANSLATOR COME OUT AND, AND WE'LL HEAR FROM THE APPLICANT. UH, I DON'T, OKAY. OKAY. SO HE STATED HIS NAME AND WITH HIS WIFE, AND THEY HAVE THREE CHILDREN. ALRIGHT. SAME. HE ALSO SAID THE ADDRESS, UH, ADDRESS, UM, THAT'S SAN ANTONIO AND THE ADDRESS 2 1 8 DRIVE IN SAN ANTONIO, TEXAS. I HAVE THREE CHILDREN LIVING IN THE SAME PLACE IN THE SAME ADDRESS. THEY ARE 15 YEARS OLD, 14 YEARS OLD, AND 13 YEARS OLD. MM-HMM. . AND THE REASON I'M HERE IS BECAUSE I RECEIVE A LETTER THAT THEY DON'T WANT MY FENCE THE WAY I PUT IT, APPARENTLY THE CITY STAFF TOLD ME THERE WAS ONE PERSON THAT DIDN'T LIKE WHAT I HAVE AND THAT I NEEDED TO LOWER IT, OR I NEEDED TO TAKE SOME KIND OF ACTION TO DO SOMETHING THERE. I HAVE BEEN LIVING THERE FOR FIVE YEARS NOW SINCE I BOUGHT IT. AND IT HAS BEEN THE ORIGINAL FENCE THERE. [03:05:17] AND THE REASON I STARTED CHANGING THAT ORIGINAL FENCE IS BECAUSE I STARTED DOING SOME ADDITIONS, SOME REMODELING, AND I CONSIDER FOR SOME REASONS THAT I NEED TO CHANGE THE FENCE. SO WHEN I STARTED REMODELING, IT LOOKED REALLY VERY NICE. I, I WAS DOING THAT FOR MY HOME, AND WE NOTICED THAT IT WAS GETTING MORE BEAUTIFUL. SO WE HAD THREE ROBBERS ALREADY THERE, AND I NOTICED THAT THEY WERE HAPPENING THINGS ON THAT SIDE OF THE CITY THAT IS NOT COMMON, THAT THEY WERE SU THAT HAPPENED IN THAT AREA. THE FIRST REASON WAS BECAUSE I NOTICED THAT THERE WERE STRANGERS PASSING BY, LIKE, UH, ONCE IN A WHILE AND THEY DIDN'T RETURN. AND THEN NUMBER TWO, MY NEIGHBOR WAS ALREADY ROBBED THREE TIMES, AND I DIDN'T LIKE THAT. OKAY. I HAVE SOME QUESTIONS. UM, ONE OF THE QUESTIONS I HAVE IS, UH, I CAN SEE THE FRONT. DID YOU BUILD NEW FENCING DOWN THE SIDES FROM THE FRONT? I DON'T UNDERSTAND THE QUESTION. UM, LET'S SEE IF STAFF CAN BRING UP, HE HAS THIS PICTURE RIGHT HERE. UM, IF YOU LOOK ON THE SCREEN, YOU SEE YOU HAVE THE FENCE ON THE RIGHT AND THEN IT LOOKS LIKE THERE'S NEW FENCING THAT WOULD CONTINUE DOWN THE SIDE OF THE PROPERTY. NO, THAT IS OUR NEIGHBORS. THAT IS THE NEIGHBORS. LET ME EXPLAIN TO YOU. MM-HMM, . OKAY. MICROPHONE. MM-HMM, . SO, SO THAT IS, THAT IS THE LIMIT OF MY PROPERTY. SO THAT IS THE LIMIT OF MY PROPERTY. YOU BRING UP A CITY MAP OR THE GOOGLE AREA, THE WAY TO THE BACK THAT IS MY PROPERTY. IF YOU COULD BRING UP GOOGLE MAPS. GOOGLE MAPS SHOWS A WHAT APPEARS TO BE LIKE A FOUR FOOT CHAIN LINK FENCE. BUT IT, BUT, BUT IT DOESN'T, WHAT IT DOESN'T SHOW IS, SO GO AHEAD. MAY I, MAY I, YES, YES. I ONLY, I ONLY HAVE, I ONLY HAVE THE, THE FENCE AT THE FRONT, AT THE SIDES. THOSE ARE MY NEIGHBORS, NOT ME, NOT MINE. IS IT, I GUESS MY QUESTION THEN WOULD BE, DOES THE ROT IRON, THE BLACK ROT IRON, DOES IT TURN AND GO DOWN THE SIDE? [03:10:03] THERE WE GO. SO THE LAST POST COLOR IS MINE. THE LAST TALL POST WHERE THE FENCE IS EIGHT OR NINE FEET TALL. IF YOU ZOOM INTO THAT PICTURE ON THE TOP OF THAT POST, SEE THAT LITTLE ROUND, UM, ORNAMENTAL DECORATIVE PIECE ON THE TOP? I, I SAW MY, I OKAY. THAT, THAT'S WHERE YOUR FENCE ENDS. BUT GO TO THAT, GO TO THE OTHER PICTURE. NOW YOU SEE HOW PAST THAT THERE APPEARS TO BE SOME ROT IRON. IS THAT GOING ALONG THE STREET OR DOES THAT TURN DOWN THE SIDE OF THE PROPERTY? THAT'S MY NEIGHBOR THAT COVER THAT BECAUSE HE WAS UNCOVERED AND THE NEIGHBOR COVERED IT. IT GOES ALONG THE STREET. THAT IS MY, MY NEIGHBOR. YES. OKAY. IT GOES TO THE STREET. OKAY. AND, AND IS THERE A, IS THERE A REASON WHY YOU NEED IT TO BE SO TALL FOR PROTECTION? BECAUSE THEY WERE PASSING PEOPLE, UH, UNKNOWN PEOPLE THERE. AND I HAVE THREE CHILDREN. OKAY. AND ALSO ONE OF MY NEIGHBORS, ONE OF THE VEHICLE, UH, CRASH INTO, APPARENTLY IT WAS A STOLEN VEHICLE THAT DID THAT TO CRASH INTO. SO THAT WAS FOR PROTECTION. YOU CAN SEE THAT WAS LIKE A STURDY, UH, LIKE A STURDY, UM, INFRASTRUCTURE. INFRASTRUCTURE THERE. AND THEN, UH, SO IT, HOW DOES, WHEN I LOOK AT THIS, I SEE A VERY TALL FENCE, BUT THEN I SEE A VERY SHORT FENCE DOWN THE SIDE. AND I'M TRYING TO FIGURE OUT HOW DOES THAT DOESN'T SEEM TO STOP PEOPLE FROM GETTING IN IF THERE'S ONLY A FOUR FOOT FENCE ON THE SIDE. MM-HMM, , I'M HERE. OKAY. I SEE IT NOW TO, TO SEE IT. THAT, YOU KNOW, WHAT WILL BE THE BEST, UH, WHAT WILL BE THE BEST SOLUTION FOR ME? AND I'M HERE FOR YOU. YOU GUYS, I WITHDRAW MY QUESTION. I I JUST NOTICED THAT PICTURE THAT WAS BROUGHT UP AND I, I, I SAW IT'S A CONTINUATION OF THE WOOD IN THE, IN THE METAL. I DIDN'T SEE THAT BEFORE. SO THE FRONT IS COVERED. SO THE FOUR FOOT SIDE, TALL, DOESN'T MATTER. MANNA COMMISSIONER, MAN, WELL, YOUR, YOUR QUESTION'S STILL TRUE FOR THE, UM, WEST SIDE OF THE PROPERTY, EITHER SIDE OF THE PROPERTY. UM, SO THIS QUESTION FOR CITY, UH, PERMITTED BY RIGHT, UH, PREDOMINANTLY OPEN FENCE IN THIS COMMUNITY WOULD BE WHAT HEIGHT? FIVE FEET. FIVE FRONT YARD. AND SO THE NEIGHBOR'S FENCE, IS THAT A FIVE FOOT FENCE THERE ON YOUR NEIGHBOR'S FENCE ABOUT, UM, SO EVERY NEIGHBOR DOESN'T HAVE SOMETHING LIKE A, YOU KNOW, THE SAME, THE OTHER NEIGHBOR ALSO HAS A DIFFERENT HEIGHT. AND THAT WAS THE REASON I THOUGHT, HMM, THAT WOULD BE A, A GOOD HIGH FOR MY FAMILY. WELL, I WILL SAY YOU'VE DONE SOME WONDERFUL IMPROVEMENTS SINCE YOU'VE BOUGHT IT. SO, SO LOOKING AT THE CHANGES THAT HAVE BEEN MADE SINCE, UH, OCTOBER, 2018. SO, SO I, I, SO YOU, YOU OBVIOUSLY CARE ABOUT THE HOME. UM, SO THANK YOU. THERE'S A, YOU HAVE A LARGE, UM, UM, GATEWAY COMING INTO THE, INTO YOUR DRIVEWAY THAT'S AN EVEN EXTENDED HEIGHT. UM, AND SO, SO THAT'S UNIQUE FROM MY PERSPECTIVE FOR A LOT OF CITY SAN ANTONIO. SO I DON'T SEE THAT, THAT OFTEN. UM, SO, SO I, I DO HAVE SOME QUESTIONS ABOUT THAT PIECE. SO PROBABLY TO MAKE SURE A CAR DOESN'T HIT, HE WOULD LIKE TO, UH, TO SAY SOMETHING. MR. MAN, THANK YOU FOR ALLOWING ME TO ANSWER YOU. [03:15:26] SO THE, THE WAY I, I THOUGHT THIS IS BECAUSE, UH, PART OF MY JOB IS REMODELING AND I HAVE A LOT OF TOOLS. ONE OF THEM IS A BOBCAT. SO INSTEAD OF MANEUVERING AND BOTHERING MY NEIGHBORS WHEN I COME IN, I WILL OPEN IT, GO INSIDE WITH THE TRUCK AND THE TRAILER WITH MY BOBCAT WITHOUT DISTURBING THE NEIGHBORS. SO THAT WAS MY THOUGHT. OKAY. UH, ANY OTHER QUESTIONS? HEARING NONE. UM, IS THERE ANY PUBLIC COMMENTARY? NO PUBLIC COMMENT. ALL. SO WHAT WE'RE GOING TO, YES, SIR. CAN YOU TALK THROUGH THE MICROPHONE? I THINK IF YOU ASK ME TO DO SOME CHANGES, LIKE A LOWERING, FOR EXAMPLE, OR CHANGING SOMETHING, IT'S GOING TO BE NOT JUST A HARDSHIP, BUT I HAVE DONE THAT WITH MY FAMILY TOGETHER BUILDING THIS. OKAY, WELL, THANK YOU VERY MUCH. SO WITH THAT, I'M LOOKING FOR A MOTION MANA REGARDING CASE NUMBER BO A 2 4 1 0 3 0 0 0 2 8. I MOVED THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A FOUR FOOT SPECIAL EXCEPTION FOR A MAXIMUM FIVE FOOT HEIGHT TO ALLOW, LET'S SEE, HOLD ON A SECOND. UM, YEAH, I HAVE A QUESTION ABOUT THAT UPPER, THAT UPPER BEAM THERE. SO, UM, SO I DON'T KNOW HOW TO ADJUST THE HEIGHT FOR THAT, BUT TO ALLOW A NINE FOOT, PREDOMINANTLY OPEN FENCE AND AN EIGHT FOOT PREDOMINANTLY OPEN FENCE WITHIN THE FRONT YARD SETBACK SITUATED 2 1 8 MARIBEL DRIVE, APPLICANT BEING DAVID CORTEZ, BECAUSE THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE EDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY OF THE SPIRIT AND PURPOSE OF THE CHAPTER. IF GRANTED, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THIS CHAPTER AS IT PROVIDES ADDITIONAL SECURITY FOR THE PROPERTY. THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED. THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED AS IT, AS IT WILL INCREASE SECURITY IN THE AREA. C, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH APPROPRIATE USE, SUCH PROPOSED USE. THE FENCE AT HIS CURRENT HEIGHT WILL NOT INJURE NEIGHBORING PROPERTIES AS FENCES IN THE FRONT PROPERTY LINE. UH, D THE SPECIAL EXCEPTION WILL NOT ALTER THE CENTRAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE FENCES IN ITS CURRENT DESIGN WILL NOT ALTER THE CENTRAL CHARACTERS OF THE DISTRICT AS IT IS IN LINE WITH OTHER FENCES IN THE AREA. UH, E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. IF GRANTED, THE SPECIAL EXCEPTION WILL NOT ALTER THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT, UH, AS THE USE OF THIS SINGLE FAMILY DEALING WILL REMAIN AND SECURITY WILL ONLY BE INCREASED. UH, AND A MOTION IS THERE A SECOND? SECOND. AND COMMISSIONER, IF YOU WOULD LIKE TO LIMIT THAT, UH, THE NINE FOOT PORTION TO 30 FEET, THAT'S THE, UH, THE, UH, THE LENGTH OF THE, UH, THE HIGHER PORTION THAT YOU WERE ASKING ABOUT THAT. SO, SO THANK YOU FOR THAT RECOMMENDATION. SO, SO, UH, I WOULD LIKE TO ADD THAT ONTO IT. UM, AND THEN, UM, AND THEN, UM, I'LL, I'LL, IF ANYBODY HAS A FRIENDLY AMENDMENT FOR, FOR ACCEPTING THAT ONE POST ON TOP, I CERTAINLY WOULD ENTERTAIN THAT AS WELL. AND I DON'T KNOW IF THAT WOULD BE BY ADJUSTING IT DOWN BY LIKE SIX INCHES SO THAT THAT WOULD BE REMOVED. I DON'T KNOW. BUT, UM, ANYWAYS, UM, YOU KNOW, TAKING A LOOK AT THE FENCE ITSELF, UM, YOU KNOW, I I DO THINK IT'S A NICE, UM, AND, UM, YOU KNOW, THE NEIGHBORS DO APPEAR LIKE THEY'RE, THEY'RE FOLLOWING SUIT, UM, WITH SIMILAR FENCING STYLES, AND SO I DON'T THINK IT'S GOING TO BE UNCHARACTERISTIC IN THIS COMMUNITY. UM, THE, UM, YEAH, SO, SO AS, AS THAT HAS BEEN READ, I'LL BE, UH, UH, APPROVING AS READ. DID YOU, DID YOU INTEND TO AMEND TO A LIMIT TO A 30 FOOT? YES, I, YES, I INCLUDED THAT. SO, OH, I GUESS IS THAT APPROVED THEM FOR A SECOND? IS APPROVED ABOUT THE SECOND. OKAY. OKAY. SO, UH, COMMISSIONER UNI. YEAH, BUT I'M GONNA BE IN SUPPORT OF IT. UH, HE HAS, UM, APPROVAL FROM MANY NEIGHBORS. MANY OF HIS, OF HIS [03:20:01] NEIGHBORS ARE IN FAVOR OF IT. HE'S DONE SOME, UH, SOME GOOD LOOKING REHABS TO THE HOME. I THINK ANOTHER ONE OF HIS ISSUES WAS SAFETY OF HIS, UH, CHILDREN AND HIS FAMILY. AND EVEN THOUGH HE DIDN'T HAVE IT ON THE SIDES, THE FRONT, THE PERCEPTION OF A GUARDED BIG GATE IN THE FRONT GIVES THAT PERCEPTION OF, YOU DON'T WANT TO ENTER HERE. SO I'LL BE IN SUPPORT OF IT. ALL RIGHT. ANYONE ELSE LIKE TO ADD? I'LL GO AND ADD THAT. I AM ALSO, I AM IN SUPPORT. I THINK IT, IT'S ACTUALLY VERY ATTRACTIVE. UM, SO, UH, AND IT, AND IT, IT'S IN CONCERT WITH THE WITNESS NEIGHBOR TO THE, TO THE EAST, UH, OR OR THE WEST. DAN DON. SO I'LL BE IN SUPPORT. SO LET'S, LET'S HAVE A ROLL CALL VOTE. COMMISSIONER MANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER EZ. I CONCUR. COMMISSIONER BURTON? NO, I DO NOT. CONCUR. COMMISSIONER STEVENS. I CONCUR. COMMISSIONER BANEZ? I CONCUR. COMMISSIONER CRUZ? I DO NOT CONCUR. COMMISSIONER KAPLAN? I DO NOT CONCUR. COMMISSIONER BEAVIS? I CONCUR. COMMISSIONER ZUNA? YES, I CONCUR. CHAIR ORIAN. UH, AND I CONCUR, UH, WITH THE FINDINGS OF FACT MOTION FAILS, UH, SEVEN TO THREE. UH, IS THERE ANY, UH, ADJUSTMENTS FROM ANYONE ON THE PREVAILING SIDE THAT, UH, WOULD CALL THAT WOULD ALLOW THEM TO BE IN SUPPORT GOING ONCE, GOING TWICE? YEAH, I, I WOULD ASK, HMM. WHAT IS THE, WHAT IS THE MINIMUM HEIGHT THAT WOULD ACTUALLY SERVE YOUR PURPOSE? SINCE NINE FEET IS TOO HIGH, WHAT IS THE, THE HEIGHT THAT WOULD SATISFY YOU? YES. SO ASIDE FROM THE ENTRY GATE, UH, THE ROT, IRON, HOW MUCH CAN THAT BE LOWERED? UM, SOMEWHERE BETWEEN FIVE FEET. AND WHAT YOU'RE ASKING FOR NINE FEET. IF YOU ALLOW ME A, A, A FEET, I WILL BE A FEET. EIGHT FEET. ALL RIGHT. UH, IS THERE A MO A MOTION TO RECONSIDER FROM ANYONE ON THE PREVAILING SIDE? I'D LIKE TO MAKE A MOTION TO READ THIS. SO, COMMISSIONER BARRINGTON CRUISE OR KAPLAN, IS THERE ANYTHING GOING ONCE? NO. NOPE. ALL RIGHT. SO THE ANSWER WAS NO. SO THE MOTION FAILS, UH, YOU COULD GET WITH STAFFED, THEY'LL TALK TO YOU ABOUT YOUR OPTIONS. ALL RIGHT. I'M SORRY, BUT YOU KNOW, WE NEED NINE VOTES FOR THIS TO PASS. OKAY? ALL RIGHT. ITEM 10. AND, AND, AND, UH, AND I WAS GONNA SAY, IF, IF ANYBODY WANTS TO EVER RECONSIDER, UM, EVEN IF IT'S NOT WHAT THE APPLICANT WANTS, IF IT'S SOMETHING, YOU KNOW, YOU CAN ALWAYS DO IT ANYWAY. SEE WHAT HAPPENS. OKAY. MELANIE CLARK, UH, ZONING PLANNER FROM THE DEVELOPMENT SERVICES DEPARTMENT. UH, THIS WILL BE ITEM NUMBER 10, BO OA TWO FOUR DASH 1 0 3 8. ADDRESS, FIVE 14 GULF STREET DISTRICT COUNSEL TWO. APPLICANT BEING EUNICE HERNANDEZ, UH, REQUESTING A VARIANCE, UH, ONE FOR A TWO FOOT FIVE INCH VARIANCE FROM THE MINIMUM. FIVE FOR SET SIDE SETBACK TO ALLOW AN ADDITION TO BE TWO, TWO FEET, SEVEN INCHES FROM THE SIDE SETBACK. AND TWO, A THREE FOOT NINE INCH VARIANCE FROM THE MINIMUM SIDE. FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT TO BE ONE FEET THREE INCHES FROM THE SIDE. SETBACK, UH, ZONING IS R FOUR. UM, OVERLAY IS EP ONE. THAT'S OKAY. . THE SUBJECT PROPERTY IS LOCATED EAST OF NORTH, UH, NEW BRAUNFELS AVENUE NEAR NORTH, UH, GIVER STREET ON, ON GOLF STREET ON JANUARY 25TH, 2024. THE APPLICANT ALSO BEING THE PROPERTY OWNER WAS CITED BY CODE ENFORCEMENT FOR A BUILDING AND ADDITION ONTO THE RESIDENCE WITHOUT A PERMIT. DUE TO THE EXISTING RESIDENTIAL STRUCTURE BEING BUILT IN 1924 WITH 670 SQUARE FEET OF LIVING AREA, THE APPLICANT HIRED AN CONTRACTOR TO CON TO COMPLETE AN ADDITION. HOWEVER, THE CONTRACTOR NEITHER OBTAINED THE PERMITS NOR COMPLETED THE WORK. ALTHOUGH THE ADMINISTRATIVE VARIANCE, ALTHOUGH AND ADMINISTRATIVE VARIANCE MAY HAVE BEEN POSSIBLE FOR [03:25:01] THE REAR YARD SETBACK. UH, DURING STAFF SITE VISIT, THE APPLICANT'S CARPORT BUILT, UH, SOMETIME AROUND 2016, WAS ALSO FOUND TO BE BUILT WITHOUT A PERMIT AND IS WITHIN FIVE FEET OF THE FRONT SIDE. SETBACK, UH, ISSUANCE OF A BUILDING PERMIT IS PENDING THE OUTCOME OF THE BOARD OF ADJUSTMENT. UH, THIS IS THE SITE PLAN. UH, THIS WOULD BE THE FRONT VIEW OF THE HOME. THIS IS THE ADDITION IN THE REAR YARD AND THE MEASUREMENTS. THIS SHOWS THE FRONT OF THE PROPERTY, UM, JUST SHOWING THAT THE ADDITION IS FLUSH WITH THE FRONT OF THE, OF THE PROPERTY. THIS WOULD BE THE CARPORT. I VIEW THE CARPORT AND THE NEIGHBORING LOT, AND THE MEASUREMENTS FOR THAT. UH, THESE ARE VIEWS OF THE CARPORT FROM 2016 TO 2022 AND THE SURROUNDING AREA. SO VIEW OF, UH, ACROSS FROM THE SUBJECT PROPERTY, UH, THE NEIGHBOR TO THE EAST, AND THE NEIGHBOR TO THE WEST OF THAT PROPERTY AND THE SURROUNDING AREA. STAFF RECOMMENDATIONS. STAFF, UH, RECOMMENDS APPROVAL NBOA TWO FOUR DASH 1 0 3 8 OR ONE EIGHT BASED ON THE FOLLOWING FINDINGS OF FACT, THIS IS FOR THE SIDE SETBACK VARIANCE IN THE REAR OF THE PROPERTY. UH, ONE, THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WOULD NOT BE ALTERED. AND TWO, THE VARIANCE WILL PROVIDE A SIGNIFICANT OR SUFFICIENT ROOM FOR PROPER MAINTENANCE AND DISTANCE FROM THE NEIGHBORING PROPERTY. E FOR THE, UH, CARPORT, UH, STAFF RECOMMENDS DENIAL IN BOA 24 DASH 0 3 8 BASED ON THE FOLLOWING FINDINGS. OF FACT, THE CARPORT WILL BE TOO CLOSE TO THE INSIDE PROPERTY LINE, CAUSING POSSIBLE WATER RUNOFF ONTO THE NEIGHBORING PROPERTY. AND TWO, THERE IS ENOUGH SPACE FOR TANDEM PARKING WITH ROOM TO EXPAND TOWARDS THE REAR OF THE PROPERTY. STAFF MAILED 27 NOTICES. 12 WERE IN FAVOR, ZERO IN OPPOSITION. AND THE HARVARD PLACE, EAST LAWN NEIGHBORHOOD ASSOCIATION WAS ALSO IN FAVOR. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS PRESENT. AND I JUST WANTED, JUST FOR CLARITY, THE ADDITION, UH, IS IT IN LINE WITH THE EXISTING HOME? YES. SO IT'S, THAT WAS THE FRONT VIEW AND YOU CAN SEE WHERE IT WAS. IT'S ALRIGHT. THANK YOU. UH, LET'S HAVE THE APPLICANT COME FORWARD. HI. UH, PLEASE, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE. OKAY. UH, GOOD AFTERNOON. UH, MY NAME, I'M SORRY, I'M PREGNANT, SO IT'S OKAY. THIS CAN BE VERY INTIMIDATING. TAKE YOUR TIME. OKAY. SO I WANT TO START BY SAYING IT WAS NEVER MY INTENTION, SORRY TO VIOLATE THE CITY'S CODE. I WASN'T AWARE THAT PERMITS OR MEASUREMENTS HAD TO BE TAKEN WHEN ADDING A ROOM. UM, THE CARPORT, IT'S BEEN THERE SINCE 26, LIKE THE START OF 2016. UM, AND I DIDN'T KNOW ABOUT MEASUREMENTS. UM, NO ONE HAS EVER COMPLAINED, NOT EVEN THE NEIGHBOR 'CAUSE WATER USUALLY RUNS TO THE FRONT OR THE BACK. UM, AND I AM SORRY. IT'S OKAY. SO THE CONTRACTOR WASN'T LIABLE AFTER ALL. HE TOOK OFF WITH MONEY AND MATERIAL. THEY DIDN'T FINISH THE ROOM. THANK YOU. I COME FROM A HUMBLE BACKGROUND. I HAVE A GROWING FAMILY AND AS YOU CAN SEE, A BABY ON THE WAY, THAT'S WHY WE ADDED THE NEW ROOM. TOOK US YEARS TO SAVE UP ENOUGH MONEY TO BUILD THIS ADDITION. UM, IT WILL AFFECT THIS TREMENDOUSLY. AND WE HAVE TO BREAK THE ROOM AND REDO. I APOLOGIZE AND HOPE YOU CAN UNDERSTAND AND I'M REALLY SORRY AND I HAVE BEEN GOING ON. IT'S OKAY. SO IF, IF YOU DON'T MIND, I'D LIKE TO ASK YOU A COUPLE QUESTIONS. UM, YOUR ADDITION IS ABOUT, UH, 21 FEET DEEP BY 13 WIDE. [03:30:01] IS THAT ABOUT RIGHT? YES. OKAY. AND THE CARPORT, UH, WE SAW EVIDENCE THAT THERE WAS A CARPORT BEFORE. IS THIS CARPORT ANY WIDER THAN YOUR ORIGINAL ONE? OH, I DON'T KNOW WHEN, NO, THERE WAS NO REPORT EVER. SO I THINK IT WAS BUILT IN 2016, CORRECT? UH, LIKE THE BEGINNING OF 20 TO 20 16, 20 17 IN THAT PERIOD. SO, AND YOU, YOU WERE THE OWNER AT THAT POINT YES. AS WELL, RIGHT? YES, I HAD BEEN THERE SINCE 2012. AND THEN, UM, DO YOU, DO YOU KNOW HOW FAR AWAY YOUR NEIGHBOR'S HOUSE IS FROM THE SIDE PROPERTY LINE ON THE ADDITION OR THE, THEY'RE RIGHT. THERE IS NO, THE CARPORT, IT'S ONE FEET AND THREE INCHES. OH, IT'S ONE FOOT THREE. BUT THE HOUSE NEXT DOOR, UM, THAT'S, THAT'S A GOOD FIVE FEET AWAY YOU THINK? NO. THE ONE NEXT DOOR? YES. FROM THE FENCE LINE. OH YEAH. ABOUT, YEAH, LIKE FOUR OR FIVE FEET. OKAY. WELL, WE'RE GONNA SEE IF THERE'S ANY MORE QUESTIONS. ANYONE ELSE ON THE COMMISSION HAVE A QUESTION? CRUZ? COMMISSIONER CRUZ? UM, I DON'T SEE A PROBLEM WITH THE CARPORT, BUT DOES IT HAVE GUTTERS OR IS THERE A WAY YOU CAN, UH, ADD ON THE GUTTERS SO THAT THE WATER WON'T RUN OFF TO YOUR NEIGHBOR'S HOUSE? YEAH, I COULD, I COULD AT WHATEVER'S NEEDED. OKAY. THANK YOU. KAPLAN. COMMISSIONER KAPLAN, ALSO ON THE ADDITION, BECAUSE I SEE YOU ABLE ROOF, COULD YOU ALSO PUT, BECAUSE YOU'RE VERY CLOSE TO THE NEIGHBOR'S PROPERTY LINE, COULD YOU ALSO PUT GUTTERS ON THAT? THE SIDE OF THE HOUSE? YEAH, WE WERE GONNA, 'CAUSE THE CONTRACTORS JUST LEFT. HE DIDN'T FINISH THE WORK. WE WOULD GET GUTTERS. YEAH. OKAY. OKAY. IS THERE ANY OTHER QUESTIONS, COMMISSIONER? MANNA? SO ONE OF THE THINGS WE ASKED ABOUT OUR HARDSHIPS AND SO, UM, ON THE CARPORT ITSELF, SO, UM, REGULARLY WE'D LIKE TO SEE A LITTLE BIT FURTHER DISTANCE TO THE NEIGHBORING FENCE. MM-HMM. . AND SO IF YOU WERE TO MOVE THE POST AND THE SIDE OVER BY TWO FEET OR THREE FEET, WOULD YOU STILL BE ABLE TO USE A CARPORT? YEAH, IT'S STILL, THERE'S UH, ENOUGH SPACE FOR BOTH VEHICLES TO FIT IN THERE. SO RIGHT NOW THERE'S SPACE FOR BOTH VEHICLES, UH, SIDE BY SIDE? YES. AND IF HE CHANGED, IF HE ASKED YOU TO MOVE IT IN, WOULD YOU STILL BE ABLE TO DO THAT? YEAH. 'CAUSE IT'S STILL ABOUT MAYBE TWO FEET TO THE SIDE OF THE TRUCK AND YEAH, THERE'S SPACE, THERE'S SPACE IN BETWEEN VEHICLES. LIKE HOW, HOW MANY FEET WOULD YOU SAY? LIKE TWO FEET IN FROM YOUR NEIGHBOR'S PROPERTY? YEAH, I THINK WE WOULD BE ABLE TO DO THAT. OKAY. ALL RIGHT. UH, IS THERE ANY OTHER QUESTIONS ALL HEARING NONE? UH, SO IS THERE ANY PUBLIC COMMENTARY ANYONE SIGNED TO SPEAK? NO. PUBLIC COMMENT. ALRIGHT, SO IS THERE ANYTHING ELSE YOU'D LIKE US TO KNOW? MM-HMM. ALRIGHT. UM, WHAT WE'RE GONNA DO IS TAKE A MOTION AND SEE HOW THIS TURNS OUT. OKAY? AND, UH, WE'LL FIND OUT SHORTLY. SO WHO'D LIKE TO MAKE A MOTION? MANNA COMMISSIONER MANNA. SO REGARDING CASE NUMBER BBOA 2 4 1 0 3 0 0 0 1 8, I'M WITH THE BOARD OF ADJUSTMENT GRANT. A REQUEST FOR A TWO FOOT FIVE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ADDITION TO BE TWO FOOT SEVEN INCHES FROM THE SIDE SETBACK. AND TWO, A UM, THREE FOOT VARIANCE FROM MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT TO BE TWO FEET FROM THE SIDE SETBACK, UH, SITUATED AT 5 1 4 GULF STREET. APPLICANT BEING UNI HERNANDEZ BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS AT UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY ALLOWING THE ADDITION TO REMAIN TWO FOOT SEVEN INCHES FROM THE REAR YARD SIDE SETBACK TO RETAIN ALIGNMENT WITH THE ORIGINAL STRUCTURE, THE CARDBOARD WOULD BE MOVED TO TWO FOOT FROM THE SIDE SETBACK AS IT PROVIDES SUFFICIENT ROOM FOR PROPER MAINTENANCE. UH, TWO, DUE TO SPECIAL CONDITIONS OR LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE BY ADJUSTING BOTH THE ADDITION, THE CARPORT TO MEET THE MINIMUM SIDE SETBACK REQUIREMENT WOULD RESULT IN AN ADDITION BEING UNEVEN WITH THEIR MAIN RESIDENCE AND LIMIT THE COVERED PARKING AREA FOR THE PROPERTY OWNER. THREE, BY GRANTING THE VARIANCE OF SPARE, THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE ADDITION TWO FOOT SEVEN INCH FROM THE CARPORT, I'M SORRY, THE ADDITION TWO FOOT SEVEN INCHES AND THE CARPORT BEING TWO FOOT FROM FROM THE PROPERTY LINE OBSERVES THE SPIRIT OF THE ORDINANCE DUE TO THE LOCATION OF THE EXISTING DWELLING AND LIMITED, UH, LOT SIZE. UH, FOUR. THE VARIANCE WILL NOT [03:35:01] 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, UH, WITH THIS VARIANCE. FIVE SUCH VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMED PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, WHICH IS PROPERTY IS LOCATED DUE TO THE SIZE OF THE LOT, THE LOCATION OF THE EXISTING, UH, RESIDENTIAL DWELLING AND SQUARE FOOTAGE OF THE NEW STRUCTURE. THE VARIANCE WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX, THE PLY TO THE OWNER. THE PROPERTY FORCES VARIANCE SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH IS PROPERTY IS LOCATED. STAFF FINDS APPLIED IN THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE SIZE OF THE LOT, AS WELL AS THE LOCATION OF THE EXISTING RESIDENTIAL STRUCTURE WILL, HAS PLACED LIMITATIONS ON EXPANSION OF THE PROPERTY. AND A MOTION. SECOND. SECOND BY COMMISSIONER CAP. I'D LIKE A FRIENDLY AMENDMENT THOUGH TO ADD GUTTERS TO THE BOTH. TO BOTH. WE CAN'T, WE CAN'T MAKE THE APPLICANT ADD GUTTERS. YES. SO, BUT THE APPLICANT DID STATE THAT THEY WERE ADDING GUTTERS AND I WAS BE PART OF MY, SHE'S ASKING FOR AN AMENDMENT JUST TO STIPULATE. OKAY. YEAH. SO THAT'S FINE. SO, SO, UH, AND I WAS GONNA MENTION THAT IN MY, I GUESS IN MY STATEMENT, BUT YES, THANK YOU. YEAH. SO WE HAVE AN AMENDED MOTION THAT INCLUDES, UH, THE, THE REFERENCE TO THE, UH, ADDITION OF GUTTERS, UH, ON THE PROPERTY LINE SIDE OF THE ADDITION, I THINK IS WHAT WAS DISCUSSED. NO, . YOU WANTED THEM ON THE CARPORT AS WELL AS THE CARPORT, I THINK. OKAY. ARE YOU WANTING CAR GUTTERS ON THE FRONT AND THE REAR? UH, SHOULD PROBABLY DO IT WHERE THE SLOPE IS? YES. THAT'S TOWARDS THE FRONT. YEAH, THAT'S RIGHT FRONT AND THE REAR AND WHEREVER THE SLOPE IS. AND ON THE SIDE, ON THE NEIGHBOR SIDE OF THE, OKAY, SO WE HAVE A MOTION THAT IS, HAS BEEN AMENDED, UH, FROM, FROM AS REQUESTED WITH ITEM TWO BEING A THREE FOOT VARIANCE WITH THE INCLUSION OF, OF GUTTERS ON THE FRONT AND REAR OF THE CARPORT. RIGHT. AND THEN ITEM ONE WITH THE TWO FOOT VARIANCE IS AS REQUESTED, BUT WITH THE ADDITION OF GUTTERS AS EXPRESSED BY THE APPLICANT ON THE PROPERTY LINE SIDE OF THE ADDITION. CORRECT. ALRIGHT. UM, THAT'S TWO FOOT SEVEN INCHES, RIGHT? UH, TWO FOOT, YES. UH, TWO, TWO AND A HALF, YEAH. TWO SEVEN, YEAH. TWO FOOT FIVE INCH VARIANCE TO ALLOW IT TO BE TWO FOOT SEVEN. ALL RIGHT. IS THERE ANY, UH, COMMISSIONER KAPLAN, DID YOU GET A CHANCE TO SPEAK OR, UH, I DON'T THINK, I DON'T THINK COMMISSIONER MANNA SPOKE. YEAH, COMMISSIONER MANNA. UM, YEAH, SO I, I THINK THAT, YOU KNOW, MOVING, MOVING IT BACK JUST A LITTLE BIT FROM THE SIDE PROPERTY LINE, YOU KNOW, IS, IS PROBABLY MORE CONSISTENT WITH, WITH HOW WE'D LIKE TO SEE THESE IN THE CITY, I GUESS. AND SO, SO WITH THAT ADJUSTMENT, UH, AND THEN WITH, WITH YOUR, YOUR COMMITTING TO THE, ADDING THE GUTTERS, I THINK THAT, UH, UH, AS READ I'LL BE APPROVING THIS. ALRIGHT, COMMISSIONER KAPLAN AND I AGREE. ANYONE ELSE WANTS TO ADD TO THE, UH, CONVERSATION, UH, HEARING NONE HAVE ROLL CALL, VOTE PLEASE. COMMISSIONER MANA. I CONCUR THE FINDINGS OF FACT. COMMISSIONER KAPLAN, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARTON, I CONCUR. COMMISSIONER STEVENS, I CONCUR. COMMISSIONER EZ, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER EZ? 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 ZERO. SO CONGRATULATIONS, WE PASSED YOUR VARIANCE WITH A COUPLE AMENDMENTS AS WE DISCUSSED, IF YOU HAVE ANY QUESTIONS, UH, STAFF WOULD BE MORE THAN HAPPY TO JUST TO TALK TO YOU ABOUT. YES. THANK YOU FOR YOUR TIME. YOU'RE WELCOME. ALL RIGHT. ITEM 11. OKAY, MELANIE CLARK, UH, ZONING PLANNER. UH, THIS IS FOR ITEM NUMBER 11, UH, BO OA 24 DASH 1 0 3 0 0 0 2 0. ADDRESS BEING 8 8 0 2 MISSION ROAD COUNCIL DISTRICT THREE, APPLICANT RAY SALANA SANA, UH, REQUEST FOR A FOUR FOOT SPECIAL EXEMPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT TO ALLOW A SEVEN FOOT PRIVACY FENCE IN THE FRONT YARD. ZONING IS R SIX SINGLE FAMILY RESIDENCE. AND THIS IS ALSO LOCATED IN THE HISTORIC MISSION RIVER IMPROVEMENT OVERLAY. THE SUBJECT PROPERTY IS LOCATED WITHIN THE HISTORICAL MISSION DISTRICT WEST OF SOUTH PRESTA STREET, AND EAST OF STINSON MISSION MUNICIPAL AIRPORT AND MISSION ROAD. THE APPLICANT ALSO BEING THE PROPERTY OWNER IS DEVELOPING THE PROPERTY FOR RESIDENTIAL USE ON A FLAG LOT WITH THE FRONT OF THE NEW BUILDING FACING DIRECTLY INTO THE REAR YARD OF THE NEIGHBORING [03:40:01] RESIDENTIAL PROPERTY. THERE IS NOT A CURRENT FENCE ESTABLISHED ON THE NEIGHBORING LOT. THE APPLICANT IS REQUESTING A FOUR FOOT EXEMPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT TO ALLOW A SEVEN FOOT CEDAR PRIVACY FENCE IN THE FRONT YARD FOR THE PURPOSE OF SECURITY AND PRIVACY. A CERTIFICATE OF APPROPRIATENESS FROM THE RESIDENTIALS FOR THE RESIDENTIAL STRUCTURE WAS APPROVED ON AUGUST 2ND, 2023. UH, AND A REISSUANCE FOR THE SEVEN FOOT FENCE WAS APPROVED ON MARCH 11TH, 2024 BY THE OFFICE OF HISTORIC PRESERVATION. THIS IS THE SITE PLAN FOR THE PROPERTY, UM, THAT HIGHLIGHTED IN THAT PINK RED COLOR IS WHERE THAT FENCE, UH, WHERE THEY WOULD LIKE THE FENCE TO GO. THIS IS THE FRONT, UH, IT'S KIND OF A ZOOMED IN PHOTO OF THE FRONT WHERE THE PROPERTY'S BEING DEVELOPED. THIS IS KIND OF THE GATED GATE TO THE DRIVEWAY. SO THERE'S A DRIVEWAY THAT LEADS UP AND THEN THE, THE BUILDING SITE FOUNDATION TOWARDS THE REAR. UH, THIS IS THE VIEW FACING WHAT WOULD BE THE FRONT YARD OF THE PROPERTY. AND THE, THIS IS THE, THE, UH, ACCESSORY DWELLING LOCATED TO THE REAR OF THE NEIGHBORING PROPERTY. AND THIS IS THE REAR OF THE NEIGHBORING PROPERTY TOWARDS MISSION ROAD. WHERE'S THIS FENCE GOING? AND THEN THIS IS A WIDER VIEW OF THE NEIGHBORING PROPERTY IN THE, IT'S THE REAR YARD OF THE NEIGHBORING PROPERTY AND THIS IS THE, UM, SURROUNDING AREA. AND THEN THE AERIAL VIEW STAFF RECOMMENDATION FENCE FOR THE FENCE HEIGHT. SPECIAL EXEMPTION STAFF RECOMMENDS APPROVAL FOR BO A 24 DASH 0 3 0 0 0 2 0 BASED ON THE FOLLOWING FINDINGS OF FACT, THE PROPOSED FENCE HEIGHTS WILL NOT ENDURE NEIGHBORING PROPERTIES AS THE FENCE LOCATION WILL BE A SAFE DISTANCE FROM THE RIGHT OF WAY AND WILL NOT IMPEDE CLEAR VISION REQUIREMENTS. AND TWO, WILL ENHANCE THE PRIVACY FOR BOTH THE SUBJECT AND THE ADJACENT PROPERTIES IN THE SURROUNDING AREA. STAFF MAILED 10 NOTICES ZERO WERE IN FAVOR, ZERO IN OPPOSITION, AND NO COMMENT WAS PROVIDED BY THE HARLANDALE MCCOLLUM NEIGHBORHOOD ASSOCIATION. THIS IS THE, UH, APPROVED CERTIFICATE OF APPROPRIATENESS. UM, WE DO HAVE A CLOSER, IF YOU WOULD LIKE A CLOSER VERSION OF THAT. WE CAN BRING THAT UP. AND THAT CONCLUDES STAFF'S PRESENTATION. APPLICANT IS AVAILABLE FOR QUESTIONS. OKAY. AND, UH, BEFORE YOU GO, UH, YES, QUICK QUESTION BECAUSE THIS IS, YOU HAVE AN ANGLE GOING TO ANOTHER ANGLE. IF THE HOME IS LOCATED ANY CLOSER INTO THE PLANE OF WHERE THE ANGLE OF WHERE THE REQUEST IS, THAT BECOMES THE SIDE YARD AT THAT POINT, I THINK WE WERE CONSIDERING IT TO BE THE YEAH. UM, WE HAVE THE ESTIMATED LOCATION ON WHERE WE BELIEVE, BUT YES, IF THEY PUSH IT UP, THEN THAT BECOMES THE, UH, SIDE. I THINK RIGHT NOW IT'S RIGHT HERE. OKAY. THE APPLICANT WILL EXPLAIN THAT. OKAY. I JUST WANNA MAKE SURE THAT WE WERE YEAH. COULD YOU POINT OUT YES, THE SIDE, THE FRONT AND EVERYTHING? 'CAUSE I GOT CONFUSED. YES. SO THIS IS WHERE THE DRIVEWAY IS LOCATED. THIS IS THE SIDE AREA WHERE THEY WOULD LIKE THE FENCE TO GO. THIS IS THEIR PROPERTY THAT THEY'RE GONNA BE FACING. THIS IS WHERE THE HOUSE IS GONNA LOOK AND IT'S GONNA FACE THIS WAY THE FRONT OF THE, THE PROPERTY. AND THEN THIS IS ALL KIND OF LIKE THE NEIGHBORING, BUT THE, THE FRONT OF THE HOME ISN'T GONNA GO PAST THAT ANGLE POINT ON THE EAST, ON THE, ON THIS SIDE, RIGHT? OR IN HERE'S NO, I, THEY'RE HAVING IT FURTHER UP IN THIS AREA. THIS'S ALL CONSIDERED FRONTED AS, AS FAR, FAR AS THAT'S CORRECT. THE FENCE CODE'S CONSIDERED OKAY. YES. ALRIGHT, GREAT. SO LET'S HAVE THE APPLICANT COME FORWARD. STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. HELLO EVERYONE. RAY SALANA. OUR PROJECT IS A SINGLE FAMILY HOME, UH, FOR MY WIFE AND OUR TWO CHILDREN. AND FIRST OF ALL, JUST THANK YOU TO THE CHAIR AND THE COMMISSION MEMBERS. I KNOW WE AT THE TAIL END OF A LONG AGENDA AND I APPRECIATE HOW THESE PROCESSES GO THROUGH. SO, UM, YEAH, JUST TO GIVE YOU A SENSE, WE WERE IN THE BUSINESS OF THINKING ABOUT BUILDING A FENCE, UM, WHAT WE THOUGHT WAS THE SIDE OF OUR, UH, HOUSE AND OUR PROPERTY, BUT YOU ASK THE QUESTION AND SOMETIMES YOU GET AN ANSWER. AND SO WE ASKED THE QUESTION OF THE CITY AND IT WAS NOT CLEAR WHETHER IT WAS OUR FRONT YARD. IF IT WAS OUR FRONT YARD. UH, WE WERE ON OPERATING ON THE ASSUMPTION THAT WE HAD BY RIGHT UP TO SIX. UH, WE HAD ALWAYS THOUGHT TO GO TO SEVEN IN AGREEMENT WITH THE NEIGHBOR TO PROVIDE PRIVACY ON THEIR SIDE AND OURS, UM, ASKED THE BOARD OF ADJUSTMENTS, WENT THROUGH THE PROCESS, HAPPY TO SAY THEN TO REALLY GIVE KUDOS TO MELANIE CLARK AND THE DEPARTMENT STAFF. THEY'D BEEN GREAT ABOUT WALKING US THROUGH, BUT THERE WAS QUESTION IF IT WAS OUR FRONT YARD OR OUR SIDE YARD. AND IF IT IS DESIGNATED AS OUR FRONT YARD, UH, THE HEIGHT LIMIT WOULD BE THREE FEET. UM, SO INSTEAD OF THINKING WE HAD BY RIGHT SIX AND WE WANTED TO GO TO SEVEN, WE WERE ASKING FOR A VARIANCE OF FOUR RATHER THAN A FOOT. UM, SO BEFORE ANY CONTRACTOR WAS CALLED OR ANY, YOU KNOW, UH, UH, ANYTHING NAILED DOWN ON THE GROUND, WE WANTED TO MAKE SURE TO COME TO ASK THE BOARD OF ADJUSTMENTS FOR THAT VARIANCE. IT'S [03:45:01] A BIT OF A UNIQUE STRUCTURE. UM, THE NEIGHBORS TO OUR LEFT IS MISSION ROAD, UM, MINISTRIES, UH, THEY WORK WITH INTELLECTUAL AND DISA DISABLED, UH, ADULTS. SO IT'S A MULTIFAMILY TO OUR LEFT, WHICH WOULD, AS WE UNDERSTAND, GIVE US BY RIGHT UP TO EIGHT FEET. UM, BUT THIS WAS A PARTICULAR CORNER THAT WE'RE INTERESTED IN ON, ON THE RIGHT SIDE. UM, SO YEAH, AVAILABLE TO ANSWER ANY QUESTIONS. AND, UM, AGAIN, THANK YOU FOR THE OPPORTUNITY. ALL RIGHT, COMMISSIONER KAPLAN? YEAH, , WHAT DOES THE NEIGHBOR IN FRONT, UH, SAY? HAVE YOU, IS YOUR NE THE PERSON WHO HAS THE HOUSE IN THE FRONT OF YOU? YEAH, GOOD QUESTION. SO IN TOTAL, WE PROBABLY HAVE FOUR NEIGHBORS TO INCLUDE STINSON AIRPORT AND THEN THE MISSION ROAD DEVELOPMENT. AND OUR DIRECT NEIGHBOR, UH, WHO I CHATTED WITH BEFORE WE HAD THIS PROCESS, HE HAS AGREED AND HE'S ALSO SENT OVER AN EMAIL SAYING HE WOULD APPROVE, UH, SENT THAT OVER TO STAFF AS WELL TOO. CAN PROVIDE A COPY TO YOU, UM, BY EMAIL. ALRIGHT, ANY OTHER COMMISSIONER QUESTIONS? MANNA COMMISSIONER MANNA. SO, SO IF WE GO TO THE, UH, UH, STREET VIEW ON GOOGLE, AND SO IS YOUR FENCE, THE, THE HEIGHT THAT YOU'RE LOOKING FOR, FOR THE FENCING TO INCLUDE THE DRIVEWAY, UH, TO COVER THE DRIVEWAY AS WELL? OR IS THAT, IS THAT PART OF THE DIALOGUE? UH, NO, GOOD QUESTION. UM, WE'RE GONNA LEAVE THE ENTRANCE AS IS UP TO WHERE IT BEGINS TO EXPAND. UM, OUR FRONT ENTRANCE WILL BE, UM, RIGHT AT THAT POINT WHERE THE ARROW IS. SO THAT WOULD PROBABLY BE, UM, THE BEGINNING OF THE FENCE. SO, SO SOMETIMES, YOU KNOW, SO, SO WE, WE LIKE TO GIVE REGULARLY, WE, YOU KNOW, WE WORK WITH THE, WITH THE CITIZENS TO FIGURE OUT REALLY WHAT IS IT THEY'RE ASKING FOR TO, TO KIND OF DEFINE THOSE, THOSE LINES. AND SO DO YOU KNOW WHAT THAT STRAIGHT SECTION IS? UM, YOU KNOW, OR WHERE YOUR, WHERE THE ANGLE PART BEGINS? YEAH. SO HOW MANY FEET THAT IS, I'M GONNA MAKE A FOOL OF MYSELF, BUT TRY TO USE THIS. GOT IT. OKAY. SO YEAH, THIS IS, THIS IS THE FRONT FENCE ENTRANCE WHERE WE DESIGNATE AND THEN THIS WOULD BE REMAINING THE SAME THAT WE WOULDN'T PUT A FENCE. WHAT'S THE DISTANCE THERE FROM THE STREET TO THAT? DO YOU KNOW? ABOUT 150 FEET IF I WERE LOOKING AT THE SURVEY. OKAY. THE STAFF, CAN YOU BRING UP THE, UH, THE, THE, THE SURVEY, IT HAS ALL THE BEARINGS AND DISTANCES ON IT. THERE WE GO. YEAH, SO RIGHT ABOUT THERE, WHERE IT BEGINS TO CURVE IS WHERE WE PUT, YEAH. AND THAT, THAT LINE IS 320, UH, FOUR FEET 0.35. THIS ONE? YEAH, THIS IS THE REQUESTED VARIANCE. THIS WOULD ACTUALLY STILL BE AT THE, UM, THE, THE HEIGHT REQUIREMENT THAT WE'RE GIVEN BY, BY WRIGHT. SO, SO I GUESS I WAS, YOU KNOW, SO TO ME WE'D BE GOING FROM THE STREET BACK 150 FEET, YOU KNOW, TO, TO SPECIFY THAT THAT WAS NOT INCLUDED. BUT ANYTHING BEYOND THAT WOULD BE INCLUDED, YOU KNOW, I GUESS IS HOW I WAS THINKING ABOUT THAT. SO IT, SO YOU'RE NOT, YOU ARE ONLY ASKING FOR IT FROM WHERE THE RED LINE IS YOU? OKAY. THAT'S CORRECT. YOU, OKAY. SO YOU COULD, YOU COULD ALMOST, YOU COULD ALMOST CATEGORIZE IT. WHOEVER READS A MOTION AS IT BEING THE APPROXIMATE 324 FOOT, UH, ANGLED LINE FROM THE MAIN ENTRY PER PLA PER PLAT, IT WOULD BE CONSIDERED THE SOUTHERLY ANGLED LINE SOUTHWESTERN, UH, EAST. IT'D BE SOUTHEAST, NO, LIKE RIGHT HERE, SOUTHERN NORTHWEST. THAT WAY, WAY, I'LL JUST, OH YEAH. OKAY. UH, ANY OTHER QUESTIONS? ANY PUBLIC COMMENTARY VOICEMAILS? NO PUBLIC COMMENT. ALRIGHT, SO WITH THAT, SOMEONE LIKE TO MAKE A MOTION MANNA COMMISSIONER MANNA REGARDING CASE NUMBER B 2 4 1 0 3 0 0 0 2 0. I'M MOVE AT THE BOARD OF JUSTIN GRANT, A REQUEST FOR A FOUR FOOT SPECIAL EXEMPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT TO ALLOW A SEVEN FOOT PRIVACY FENCE IN THE 325 FOOT ANGLED LINE, UH, OF THE FRONT YARD, SITUATED AT 8 8 0 2 MISSION ROAD. APPLICANT BEING RAISED ALDANA BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTERS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS THAT YOU SEE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION WILL NOT, WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE FOREFOOT FENCE HEIGHTS SPECIAL EXCEPTION GRANTED, WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE AS A PROPOSED FENCE WILL MEET SETBACK AND CLEAR VISION REQUIREMENTS WHILE PROVIDING PRIVACY FOR BOTH THE SUBJECT AND ADJACENT PROPERTIES. B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THESE CRITERIA ARE REPRESENTED BY FENCE SITES TO PROTECT PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY. THE PROPOSED FENCE APPEARS TO SERVE THE PUBLIC WELFARE AND CONVENIENCE AS THE FENCE PROVIDES PRIVACY TO THE PROPERTY OWNER. C THE NEIGHBORING PROPERTY WILL NOT, UH, BE SUBSTANTIALLY INJURED BY THE, BY SUCH PROPOSED USE. THE SPECIAL EXCEPTION WILL NOT INJURE THE NEIGHBORING PROPERTIES AS THE FENCE HEIGHT WILL NOT IMPEDE TRAFFIC OR CLEAR VISION. REQUIREMENTS WILL BE INSTALLED A SAFE DISTANCE FROM THE RIGHT OF WAY AND WILL ENHANCE PRIVACY FOR THE SUBJECT AND ADJACENT PROPERTIES. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE [03:50:01] PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE ADDITIONAL FENCE HEIGHT IN THE FRONT PROPERTY LINE WILL NOT ALTER THE LOCATION FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT AS A PROPOSED FENCE WILL BE INSTALLED WELL BEYOND A SAFE DISTANCE FROM THE STREET AND WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE ESTABLISHED FOR THE SPECIFIC DISTRICT. THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT AS A PLACEMENT OF THE FENCE WILL BE PARALLEL TO THE LOCATION OF THE NEIGHBORING, UH, LOT REAR YARD. AND THE MOTION SECOND, SECOND BY COMMISSIONER, CAPTAIN, COMMISSIONER MANNA. UM, YES, I, I, UM, AGREE WITH THE CITY, UH, WITH REGARDS TO THE APPROVAL OF THIS, I, I DON'T SEE ANYTHING. AND BEING THAT YOU TALK WITH NEIGHBORS, IT SOUNDS LIKE UH, THEY'RE IN AGREEMENT AS WELL. AND I THINK, YOU KNOW, UH, SETTING IT FOR THE ANGLED LINE, YOU KNOW, KIND OF PUTS SOME GUIDELINES, YOU KNOW, FOR WHAT CAN AND CAN'T BE DONE. SO, UH, WITH THOSE I'LL BE APPROVING COMMISSIONER KAPLAN. YES, AND, AND I CONCUR. UM, IT'S, IT, EVEN THOUGH IT IS A FRONT FENCE, IT'S REALLY NOT LIKE A FRONT FENCE BECAUSE YOU'RE NOT EXACTLY ON THE STREET. SO I HAVE NO PROBLEM WITH, UH, GRANTING THE VARIANCE EITHER. ANY OTHER COMMISSIONERS LIKE TO ADD TO THE DISCUSSION? HEARING NONE, UH, LET'S HAVE ROLL CALL VOTE. COMMISSIONER MANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER KAPLAN? I CONCUR. COMMISSIONER BURTON. I CONCUR. COMMISSIONER STEVENS. I CONCUR. COMMISSIONER BONNI? I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER AVILES? I CONCUR. COMMISSIONER COMM? YES. CONCUR. COMMISSIONER BONNI. I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS AND GOOD LUCK WITH YOUR PROJECT. THANK YOU. ALRIGHT, LAST ITEM ON THE AGENDA ARE [ Approval of Minutes  ] THE MINUTES. UH, I KNOW I HAD SOME AMENDMENTS AND THEN OTHERS HAD SOME AMENDMENTS AND I THINK WE'RE AT A PLACE WHERE HOPEFULLY EVERYONE'S HAPPY WITH IT. WE UPDATED, UM, ALL THE, UH, AMENDMENTS SENT BY THE COMMISSIONERS. ALRIGHT, MOTION TO APPROVE. WE HAVE A MOTION TO APPROVE BY COMMISSIONER MAN. IS THERE A SECOND? SECOND. SECOND BY COMMISSIONER BARRINGTON. ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? HEARING NONE. MOTION PASSES. WHICH BRINGS US TO DIRECTOR'S REPORTS OR ANYTHING TO REPORT. HEARING NONE. AND, UH, WITH THAT , IT'S 5 0 5. WE ARE ADJOURNED. WE'LL SEE ALL Y'ALL IN ALMOST A MONTH. PLEASE TAKE A SANDWICH HOME WITH YOU. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.