* 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. [00:00:03] ALL RIGHT. THE STAFF THAT WE HAVE ONE PERSON ATTENDING BY, UH, WEBEX. UH, NOT WEBEX TEAMS. IT'S WEBEX. IT IS WEBEX. ARE THEY, UH, ARE THEY ON? NOT ON YET. SHE'S NOT ON YET. YOU THINK IT'D BE OKAY IF I GET STARTED THOUGH? OKAY. ALL RIGHT. IT'S ONE OH ONE. I HEREBY CALL THIS MEETING THE BOARD OF ADJUSTMENTS TO ORDER. CAN WE GET THE SPANISH INTERPRETER OUT FOR A PRESENTATION, PLEASE? WHEN I STARTED INTERPRET. THANK YOU. STAFF, YOU PLEASE CALL ROLL COMMISSIONER BARTON. HERE. COMMISSIONER STEVENS. HERE. COMMISSIONER EZ. HERE. COMMISSIONER GOMEZ. COMMISSIONER CRUZ HERE. COMMISSIONER MANNE PRESENT. COMMISSIONER BENAVIDES PRESENT. COMMISSIONER UNA PRESENT. COMMISSIONER VASQUEZ. PRESENT CHAIR ORIAN. AND I AM PRESENT. COMMISSIONER DEAN, PRESENT. ALL RIGHT. WE HAVE A QUORUM OF 10 FOR NOW. SOON TO BE 11 IF EVERYONE COULD. OH, SHE'S UP. OH, SHE'S UP. ALRIGHT, AWESOME. UH, LET'S, UH, EVERYONE PLEASE JOIN ME FOR THE PLEDGE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES AMERICA REPUBLIC NATION UNDER GOD INDIVIDUAL WITH LIBERTY AND JUSTICE FOR ALL HONOR TEXAS FLAG. I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD. ONE INDIVISIBLE. SO THE FIRST THING WE'RE GONNA DO TODAY IS SWEAR IN ONE OF OUR NEW, UH, NEWLY APPOINTED MEMBERS. UH, UH, MR. GOMEZ, IF YOU COULD, UH, RAISE YOUR RIGHT HAND AND REPEAT AFTER ME PLEASE. UM, I STATE YOUR NAME. I DO GO DO SOLEMNLY SWEAR THAT I WILL FAITHFULLY EXECUTE THE DUTIES FAITHFULLY OF THE OFFICE OF COMMISSIONER, BOARD OF ADJUSTMENTS OF THE STATE OF TEXAS, AND I WILL TO THE BEST OF MY ABILITY, PRESERVE, PROTECT, AND DEFEND THE CONSTITUTION AND LAWS OF THE UNITED STATES AND OF THIS STATE. SO HELP ME GOD. ALL RIGHT. THANK YOU. ALRIGHT, SO BEFORE WE PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION. THE BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS. FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM A PREVIOUS MEETING FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT. LASTLY, YES, CHAIR WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS. I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS A CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING. WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL. THE BOARD IS SUPPORTED BY THE MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINED THE FACTS PERTAINING TO THE RELEASE AUDIT AND WE DID 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 A DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDES 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 TO THE DIRECTOR OF 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 IN EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD. ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER AFTER [00:05:01] EVERYONE HAS BEEN HAS HEARD THE CASE, IT'LL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION. IN ORDER FOR A MOTION TO CARRY. IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES. THE BURDEN OF PROOF AND GRANTING THE RELIEF OUGHT RESTS WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUESTED RELIEF COULD BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL. SPECIAL EXCEPTIONS OF VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW. BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. SO PLEASE LIMIT YOUR PRESENTATION OR REMARKS OF THE PERTINENT FACTS OF YOUR CASE. STAFF. STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST. PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OR SPECIAL EXCEPTION AND PROPERTY WITHIN 200 FEET OF THE SUBJECT. PROPERTY CHECK MARKS INDICATE THOSE PROPERTY OWNERS IN THE FAVOR OF THE REQUEST AND AN EX INDICATES THOSE PROPERTY OWNERS IN OPPOSITION. FOLLOWING THIS PRESENTATION AND ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST. FOR THOSE THAT HAVE SIGNED UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE OR SPECIAL EXCEPTION, YOU WILL BE CALLED AN ORDER THAT YOU SIGNED UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM OF THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION. FOR THOSE THAT WOULD LIKE TO GIVE THEIR TIME TO A SPEAKER, THAT SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVING THEIR TIME FOR A TOTAL OF NINE MINUTES. THOSE GIVING UP THEIR TIME MUST BE PRESENT AND SIGN IN TO SPEAK GROUPS CONSISTING OF THREE OR MORE CITIZENS WILL BE ALLOTTED NINE MINUTES TOTAL TO ADDRESS THE BOARD ON THE ITEM. THE APPLICANT WILL BE THEN GIVEN AN OPPORTUNITY FOR REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH AN OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU, CHAIRMAN. ALRIGHT, UH, SO [ Briefing and Possible Action on the following items  ] I UNDERSTAND THAT THERE'S THREE ITEMS ON THE AGENDA THAT ARE REQUESTING A CONTINUANCE. UH, ITEMS NUMBER FIVE, SEVEN AND 16. ARE THERE ANYONE SIGNED UP TO SPEAK OR ANY VOICEMAILS REGARDING ITEMS FIVE, SEVEN, OR 16? WE DO HAVE VOICEMAILS FOR ITEM SEVEN AND, UM, EXCUSE ME, FIVE AND 16. ALL RIGHT. WELL, WE'RE GONNA START WITH ITEM FIVE IF WE CAN, UH, PLEASE HEAR THOSE VOICEMAILS. ALL RIGHT. ITEM FIVE IS A REQUEST. THIS IS VINCENT MICHAEL OF THE CONSERVATION SOCIETY OF SAN ANTONIO AT 1146 SOUTH ALAMO CALLING ABOUT AGENDA ITEM. OKAY, SORRY, WE JUMPED AHEAD THERE. ITEM NUMBER FIVE IS A REQUEST BY FOR APPEALING A CERTIFICATE OF APPROPRIATENESS LOCATED AT SIX 20 SOUTH PRES STREET. THIS IS LOCATED IN DISTRICT ONE. THEY'RE ASKING FOR A CONTINUANCE TO MAY 20TH AND THERE IS A VOICEMAIL. ALL THIS IS VINCENT MICHAEL OF THE CONSERVATION SOCIETY OF SAN ANTONIO AT 1146 SOUTH ALAMO CALLING ABOUT AGENDA ITEM NUMBER 5 6 20 TO SOUTH PRESA STREET. CASE NUMBER ENDS IN 2 6 3. THE CONSERVATION SOCIETY SUPPORTS THE OFFICE OF HISTORIC PRESERVATION IN THE BOARD OF ADJUSTMENT STAFF IN RECOMMENDING DENIAL OF THE APPEAL FOR THE CERTIFICATE OF APPROPRIATENESS. THE APPLICANT HAS HAD MANY OPPORTUNITIES TO WORK WITHIN THE GUIDELINES AND WITH THE CITY, BOTH PRIOR TO COMMENCEMENT AND AFTER COMPLETION OF THE WORK THAT THEY HAVE DONE WITHOUT APPROVAL. APPEAL SHOULD BE GRANTED UNDER EXCEPTIONAL CIRCUMSTANCES, WHICH DOES NOT APPLY TO THIS CASE. THANK YOU. THAT'S ALL WE HAVE, SIR. ALRIGHT. IS THERE A MOTION TO CONTINUE? ITEM NUMBER FIVE TO MAY 20TH, MANNA COMMISSIONER MANNA. UM, I REQUEST THAT WE, UM, POSTPONE, UH, BOA ENDING IN 0 3 4, UM, TILL MAY 20TH. UH, I'M SORRY, 2 6, 3 6 UNTIL MAY 20TH. THERE'S SECOND BY COMMISSIONER UNA. UH, ALL IN FAVOR SAY AYE. AYE. ANY OPPOSED? MOTION PASSES. NEXT ITEM, ITEM SEVEN. IS THERE ANY PUBLIC COMMENTARY? THERE IS NOT. I'LL JUST READ IT INTO THE RECORD FOR YOU. OKAY. BOA CASE 24 1 0 3 0 0 0 0 2 A REQUEST BY SS ENGINEERS, UH, FOR A VARIANCE FROM THE REQUIRED, UH, MOBILE FOOD COURT SEPARATION AS WELL AS THE LANDSCAPE BUFFER REQUIREMENTS IN THE 10,000 BLOCK OF COLLIBRA ROAD. THEY'RE REQUESTING A CONTINUANCE TO MAY THE SIXTH. ALL RIGHT. WE HAVE A, IS THERE A MOTION COMMISSIONER MANNA, UM, REQUEST THAT WE, UM, POSTPONE CASE ENDING IN 0 0 2 TO MAY 6TH. OKAY. SECOND. SECOND BY COMMISSIONER ZUNA. UH, ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? HEARING NONE. MOTION PASSES. ITEM NUMBER 16, ITEM NUMBER 16 IS BO A 2 4 103 0 0 3 8. I REQUEST BY L FUND FOR SPECIAL EXCEPTION, LOCATED AT 2 0 0 7 WEST MARTIN STREET. THEY'RE REQUESTING A CONTINUANCE TO APRIL THE 22ND, AND WE DO HAVE A VOICEMAIL. ALRIGHT. [00:10:03] MY NAME IS MARIELLA GARZA. I AM PRESIDENT OF GARDENDALE NEIGHBORHOOD ASSOCIATION. WE ARE IN FAVOR OF BO A 24 DASH 1 0 3 0 0 0 3 8. WE STAND ALONG SMALL BUSINESSES AND COMMUNITY IN OUR CONTINUOUS EFFORTS TO BRING SAFETY TO OUR DISTRICT FIVE RESIDENTS. GARDENDALE IS IN FAVOR OF THIS REQUEST TO ALLOW FOR A SIX FOOT, PREDOMINANTLY OPEN FENCE IN FRONT OF THE YARD. THE GARDENDALE COMMUNITY RECOGNIZES THE CONTINUOUS UNSAFE MEASURES BUSINESSES DEAL WITH AS THE LOCAL COMMUNITY DEALS WITH THESE SAME STRUGGLES IN THEIR OWN PERSONAL HOMES. WE STAND TOGETHER FOR SAFETY MEASURES AND WILL CONTINUE TO ENGAGE THIS BUSINESS OWNER IN DEVELOPING A CONTINUED BUSINESS RELATIONSHIP WHERE WE CAN HELP EACH OTHER FEEL SAFE IN OUR OWN COMMUNITY. ALL RIGHT, I'M LOOKING FOR A MOTION TO CONTINUE. I THINK THERE'S ONE MORE. OH, ONE MORE. OKAY. YES. THIS IS JR UH, EIGHT 11 AL STREET. SEVEN EIGHT TWO ZERO SEVEN. PHONE NUMBER (210) 723-4334. THIS IS YOUR CASE NUMBER BO 8 2 4 1 0 3 0 0 0 3 3. IT'S FOR AN ADJUSTMENT FOR 2007 WEST MARTIN STREET. UH, AN EXEMPTION FOR A FENCE HEIGHT FROM FIVE FOOT TO SIX FOOT. UM, I HAVE NO PROBLEM WITH THAT AT ALL, UM, BECAUSE THE AREA HAS A LOT OF, UH, PEOPLE WALKING AROUND, UH, IN FOR HOPE IS OVER 125% CAPACITY AND, UH, AT NIGHT, UH, THEY CAN'T STAY THERE, ANYBODY THAT'S IN CAPACITY. SO THEY'RE OUT ON THE STREET AND WALKING AROUND. SO, YEAH, I AM, UH, IN FAVOR OF THEM GOING AHEAD TO MAKE THAT ADJUSTMENT. THANK YOU. ALL RIGHT. I'M LOOKING FOR A MOTION TO CONTINUE. COMMISSIONER ZINA REGARD. BOA, UH, BOA CASE 24 DASH 0 3 0 0 3 8. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A CONTINUANCE TO APRIL 22ND. SECOND. SO SECOND BY COM QUESTION? YES. SO, SO BEING THAT WE HAVE COUNSEL OR THE, UH, STAFF REC RECOMMENDED RECOMMEND APPROVAL, AND, UM, THE TWO PEOPLE CALLING IN RECOMMEND APPROVAL. THERE DIDN'T SEEM TO BE ANY OBJECTIONS. COULD WE GO AHEAD AND MAYBE GO THROUGH THIS ONE SO THAT WAY WE DON'T HAVE TO POSTPONE IN POSSIBILITY? UH, THE APPLICANT ISN'T PRESENT. THEY WEREN'T ALLOWED. THEY, THEY COULDN'T MAKE THE MEETING. THAT WHY THEY ASKED FOR A, UH, A CONTINUANCE. SO WE, WE HAVE A, A, A MOTION AND A SECOND. UH, ALL IN FAVOR SAY AYE. AYE. AYE. AYE. ANY OPPOSED? HEARING NONE. MOTION PASSES. ALL RIGHT. NEXT ITEM IS, UH, ITEM TWO, WHICH IS A CONTINUANCE. UM, OH SIR, UH, BEFORE WE START ON ITEM NUMBER TWO, DID, DID YOU NOTE THAT ITEM ONE WAS POSTPONED AND WON'T BE HEARD TODAY? OH, I DIDN'T KNOW. I HAD TO ACKNOWLEDGE THAT. UM, BUT ITEM ONE WAS POST, IT WAS LISTED AS POSTPONED ON THE AGENDA. DID SOMETHING CHANGE? NO, IT'S POSTPONED. I JUST WANTED TO MAKE SURE IN CASE ANYONE WAS HERE FOR 63 64 INTERSTATE 35 NORTH. IS THERE ANYONE THAT ITEM'S POSTPONED? IS THERE ANYONE IN THE GALLERY, UH, HERE FOR ITEM ONE? UH, HEARING NONE. SEEING NONE. ALRIGHT, LET'S GO TO ITEM TWO. [00:15:29] YOU CAN'T ACTIVATE IT. GOTTA LOVE TECHNOLOGY. JUST GIVE US A SECOND. YEAH. WHILE WE'RE [ Approval of Minutes  ] WAITING, UH, WE CAN GO OVER THE MINUTES. I GUESS WE'LL MOVE ITEM 17 UP. IS THERE, UH, IS THERE ANY, UH, COMMISSIONER, UH, RE REQUEST FOR REVISIONS TO THE MINUTES? YEAH, HEARING NONE. I'M LOOKING FOR A MOTION TO APPROVE THE MINUTES FROM THE MARCH 18TH MEETING. MOTION? NO MOVE. YEAH, WE COULD, WE COULD DO THAT. MOTION BY COMMISSIONER ZUNA. IS THERE A SECOND? SECOND BY COMMISSIONER CRUZ? OH, SORRY. NO, FOR I, I'M NOT SURE, UH, I HAD MADE A COMMENT ON, UH, A CORRECTION ON ITEM 12. I DON'T KNOW IF IT GOT CHANGED OR NOT. HAS THAT BEEN DONE? YES, IT WAS DONE, MA'AM. ALRIGHT, THANK YOU. DENIED. SECOND. ALRIGHT, WITH A MOTION AND A SECOND. ALL IN FAVOR, SAY AYE. AYE. ANY OPPOSED? HEARING? NONE MINUTES ARE, ARE APPROVED. OKAY. OKAY. THE, THE SLIDE FIXED ITSELF ALREADY. GOOD AFTERNOON. MY NAME IS JUAN ALVAREZ, PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER TWO IS REQUESTED BY ADRIAN CHAPLIN AND IS SEEKING AN APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE THE APPLICANT. SHORT TERM RENTAL PERMIT LOCATED AT 28 31 WESTVIEW. IN COUNTY 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 110 D CLEARLY STIPULATES THAT FAILURE TO DO SO CONSTITUTES A VIOLATION OF THE CHAPTER. ON FEBRUARY 23RD, 2023, THERE WAS A CODE ENFORCEMENT CASE OPERATING FOR A SHORT-TERM RENTAL WITHOUT A PERMIT PERMIT. IN MARCH 16TH, 2023, THE SHORT-TERM RENTAL WAS ISSUED A PERMIT. IN JULY, 2023, THE INITIAL 90, 60 AND 30 DAY NOTICES WERE ISSUED. HOWEVER, ON AUGUST FINANC SEND AN EMAIL INDICATING DELINQUENCY FROM MARCH THROUGH MAY, 2023. IN SEPTEMBER, 2023, FINANCE PROVIDED AN EMAIL TO THE APPLICANT EXPLAINING HOW TO PAY FOR THE TAXES THAT THEY WERE DELINQUENT AND BEING MARCH THROUGH MAY, 2023. IN OCTOBER 18TH, 2023, FINANCE RESTARTED THE 90 DAY NOTICES. AS RECORDS WERE LOST ON NOVEMBER 17TH, 2023, THE 60 DAY REMINDER WAS SENT OUT. FOLLOWING THAT, ON DECEMBER 15, THE 30 DAY NOTICE WAS SENT OUT. AND FINALLY ON JANUARY 24TH, THE PERMIT WAS REVOKED. THIS IS AN OVERVIEW OF THE TIMELINE PRESENTED AND THE DELINQUENCY TAXES WERE PAID AFTER THE DAY OF REVOCATION. THIS IS THE 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 THE APPLICATION. THIS IS THE SUBJECT PROPERTY AND THE NEXT FEW SLIDES ARE THE NAME, BRINGING 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 SHORT TERM RENTAL PERMIT. 30 NOTICES WERE MAILED OUT, ZERO IN FAVOR, 14 IN OPPOSITION AND THERE WAS OPPOSITION FROM WHISPERING OAKS HOMEOWNER ASSOCIATION. THIS CONCLUDES STAFF PRESENTATION. APPLICANT IS HERE TO ANSWER ANY QUESTIONS AND FINANCE IS HERE TO ANSWER ANY HARD ACCOUNT QUESTIONS AS WELL. OKAY. LET'S HAVE THE APPLICANT COME FORWARD. THANK YOU. AND, UH, CAN IT SOMEONE IN IT COME OVER OR MY, THIS SCREEN WON'T TURN ON AND I CAN'T SEE THE POWERPOINT WE'RE SUPPOSED TO COME UP? UH, NO. NO MA'AM. WE'RE HAVING THE APPLICANT COME UP FIRST. APPLICANT. FIRST. THE APPLICANT. [00:20:02] HELLO SIR, IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE. UM, I'M ADRIAN CHAPLIN. UM, I HAVE A PRESENTATION. ALRIGHT. SHE USUALLY PUT SOME IN THERE. GO AHEAD. I APOLOGIZE, SIR. PLEASE PROCEED. ALL RIGHT. CAN WE GO TO THE FIRST SLIDE, PLEASE? ALL RIGHT. ON, ON NOVEMBER 17TH, 2023, WE RECEIVED A NOTICE FROM SABRINA IN FINANCE STATING THAT AN AUDIT WAS COM UH, COMPLETED AND THE CITY TAX PORTION WAS NOT COLLECTED. THIS WAS SENT TO AN OLD EMAIL ADDRESS THAT IS NOT FREQUENTLY CHECKED, WHICH IS CALLED CRUISE BI. WE WENT TO THE WEBSITE, PROVIDED IN THE EMAIL NOTED THE WEBSITE, UH, PROVIDED A PAY, UH, INVOICE, WHICH IS POINTED RIGHT THERE. WE RECEIVED THE MESSAGE BELOW ONCE WE WENT TO THE, THE WEBSITE, ONE SECOND, ONCE WE WENT TO THE WEBSITE AND WE RECEIVED THAT MESSAGE THAT WE'RE POINTING TO, STATING THAT WE DO NOT HAVE ANY, UM, TAXES OWED. AFTER THAT, WE SENT AN EMAIL TO SABRINA STATING THAT WHEN WE ATTEMPTED TO PLEAD THE INVOICE, THERE WAS NO AMOUNT OWED. WE RECEIVED AN EMAIL FROM SABRINA STATING TO CALL THE NUMBER, UM, ABOVE, AND WE RECEIVED A VOICEMAIL THAT TELLS US TO GO TO THE LINK BELOW, WHICH IS THAT SITE. ONCE YOU GO TO THAT SITE, YOU CLICK ON PAY INVOICE. AFTER THAT, UH, YOU CLICK ON PAY ONLINE AND THEN IT TAKES YOU BACK TO THE SAME SITE, WHICH SHOWS THAT WE DON'T HAVE A BALANCE. AND ON JANUARY, 2024, UH, JANUARY 24TH, 2024, UH, I RECEIVED AN EMAIL, UM, INFORMING US THAT TWO OF OUR PROPERTIES WERE REVOKED OF SDR LICENSE. ON JANUARY 24TH, WE EMAILED DEVELOPMENTAL SERVICES DEPARTMENT TO INQUIRE ABOUT THE DELINQUENT TAXES. WE WERE ASKED TO PROVIDE PROOF, WHICH WE SENT VIA EMAIL. ON JANUARY, UH, 25TH, WE RECEIVED A PHONE CALL FROM SOMEONE IN FINANCE EXPLAINING, UM, THE ISSUE AS FOLLOWS. DURING THE TIME OF MARCH, UH, THROUGH MAY, 2023, TAXES WERE PAID THROUGH THE LEGACY WEBSITE. WE WERE TOLD DURING THAT TIME, THE CITY OF SAN ANTONIO HAD A GLITCH IN THE SYSTEM, AND TAXES WERE NOT COLLECTED. WE WERE TOLD TO CALL THE SAME NUMBER, WHICH SENT US BACK TO THE SAME WEBSITE ABOVE. WE LEFT SEVERAL MESSAGES AND SENT EMAILS FOR GUIDANCE ON HOW TO PAY THE INVOICES. AFTER SEVERAL, UH, EMAIL EXCHANGES AND PHONE CALLS, WE RECEIVED A CALL FROM THE CITY, UH, COLLECTION STATING THAT, UM, THEY WERE TOLD TO CALL US. THEY TOLD US OVER THE PHONE THAT THE ONLY WAY TO PAY THIS WAS MANUALLY OVER THE PHONE, THAT YOU CANNOT PAY THIS ONLINE. WE FEEL THAT THERE WERE SEVERAL COMMUNICATION BREAKDOWNS. UM, THE CITY OF SAN ANTONIO STOPPED SENDING NOTIFICATIONS VIA THE US POSTAL SERVICE ONLY. THEY ONLY SEND NOTIFICATIONS THROUGH EMAIL, WHICH WENT TO WHAT EMAIL? WE DON'T USE PAYMENTS FOR. THIS ISSUE CAN ONLY BE PAID MANUALLY SINCE IT WAS CAUSED BY THE GLITCH IN THE SYSTEM. UH, WE WERE TOLD MULTIPLE TIMES TO CALL THE NUMBER AND PAY THE INVOICE ONLINE. THE EMAIL THAT WAS USED WAS NOT THE ONE PROVIDED AS A CONTACT ON THE SAN ANTONIO.GOV WEBSITE. THE CONTACT INFORMATION IS MY, UM, EMAIL, WHICH WAS NOT USED. IT WAS ONLY USED TO LET ME KNOW ABOUT THE HOT TAX INQUIRIES. FOLLOWING OUR FIRST MEETING, UM, WE RECEIVED COMMUNITY FEEDBACK AND CONCERNS ABOUT THE PROPERTY. SO WE DID THE FOLLOWING THINGS. UH, WE EMAILED THE HOA PRESIDENT INTRODUCING OURSELVES AND MAKING HIM AWARE THAT OF THE CONCERNS. UH, THE NEXT ONE IS OUR RESPONSE TO THE HOA PRESIDENT'S CONCERNS AND THE ACTION ITEMS THAT WE WERE, UM, TAKEN. WE ALSO CONTACTED OUR TRUST MANAGEMENT STAFF AND IF, UM, TOLD THEM [00:25:01] OR IMPLORED TO THEM THAT THEY NEED TO TAKE THE TRASH OUT, UM, THE NIGHT BEFORE AND BRING IT BACK THE NEXT DAY, WE ALSO ORDERED AN EXTRA TRASH CAN TO AVOID ANY EXTRA TRASH BAGS ON THE CURVE. UM, AND WE ALSO RECEIVED TEXTS AND PICTURES WHEN CANS ARE BROUGHT BACK INTO THE CURB. WE ALSO HAVE COMMUNICATED TO OUR GUESTS TO USE, UM, THE DRIVEWAY PARKING. AND, UM, WE ENCOURAGE THEM NOT TO PARK ON THE STREET. WE HAVE ADDED A SIGN IN THE HOUSE THAT SHOWS WHERE AND WHERE NOT TO PARK, WHICH, UM, BASICALLY SHOWS THEM TO PARK ON THE DRIVEWAY OR BEHIND THE HOUSE, UM, NOT ON THE STREET OR A ACROSS THE STREET. UM, WE ALSO ADDED IT TO OUR GUEST INSTRUCTION BOOK. WE ALSO SENT EMAILS TO, UM, ALL THE NEIGHBORS AND WE ALSO SENT 30 LETTERS OUT VIA US POSTAL SERVICE TO ALL THE NEIGHBORS. AND BASED ON THAT, WE ASKED THE BOARD IF THEY CAN, UH, REINSTATE OUR LICENSE. THANK YOU. THANK YOU. SO, UM, I'M GONNA GET SOME, UH, CLARIFICATION QUESTIONS OUT OF THE WAY. AND THIS IS, SOME OF THIS IS GONNA BE DIRECTED TOWARDS FINANCE. I JUST WANNA MAKE SURE WE'RE ALL CLEAR HERE. SO THEY WERE ISSUED A PERMIT, UH, ON IN MARCH OF 2023. AND IT, IT, IT SEEMS LIKE BASED ON THE TIMELINE, THAT THAT THERE WASN'T HOT TAX COLLECTED AT ALL. CORRECT. SO THEY WERE ISSUED A PERMIT ON MARCH 16TH. UM, AND I HAD RECEIVED AN EMAIL FROM DEVELOPMENT SERVICES STATING THAT THEY HAD BEEN OPERATING WITHOUT A PERMIT. SO ONCE THEY RECEIVED THEIR PERMIT, THEY WERE INSTRUCTED TO PAY FOR THE STATES THAT THEY HAD IN FEBRUARY. THERE WAS TWO DOCUMENTED STATES IN FEBRUARY 18TH THROUGH THE 20TH, 22, 26 TO 2, 2, 3, 1, 3, 2 TO 3 7, 3 10 TO THREE 11, AND THEN THREE 13 TO THREE 19. AND OF COURSE, THE PERMIT WAS ISSUED ON THE 16TH. SO THEY HAVE MADE PAYMENTS THROUGH THE, THAT WAS AT THE TIME OF THE LEGACY SYSTEM, CORRECT? THEY WERE PAYING, UM, THEY DID PAY FOR THE MARCH AND APRIL. AND WHEN DID THE LEGACY SYSTEM, UM, BECOME SOMETHING ELSE? SO ON JUNE, JULY 1ST IS WHEN WE LAUNCHED WITH AVENUE. AND THEN SINCE JULY 1ST TILL, UM, I GUESS DECEMBER, UM, WAS THERE, NO, THERE WAS NO PAYMENTS AT ALL INITIATED OR COLLECTED FOR JU FOR JULY. UH, FROM, FROM THE, WHEN IT WENT OVER TO THE NEW SYSTEM UP UNTIL DECEMBER WHEN THERE WAS, UH, THE 30 DAY NOTICE SENT, UM, THERE WASN'T ANY PAYMENTS RECEIVED. SO THERE WERE PAYMENTS RECEIVED. THEY JUST HAD NOT PAID ON THE, UH, WHERE THERE WAS A SYSTEM GLITCH. OKAY. WHERE THE SYSTEM DID NOT COLLECT FOR THE CITY PORTION. UM, AND I'D ALSO LIKE TO MAKE A CORRECTION TO THE PRESENTATION. THE EMAILS WERE NOT LOST. WHAT HAD HAPPENED WAS, UM, A PREVIOUS EMPLOYEE WHO IS WAS SEPARATED WITH THE CITY HAD EMAILED, UH, THE CHAPLAINS. UM, ON AUGUST AND SEPTEMBER, I WAS ABLE TO OBTAIN APPROVAL FROM THE HUMAN RESOURCES DIRECTOR AND ALSO FROM THE IT DIRECTOR TO, UH, RETRIEVE THEIR EMAILS, UM, WHERE THEY WERE SENT EMAILS. OKAY. YEAH. SO I'M, WHAT I'M TRYING TO ASCERTAIN HERE IS, IS THAT, UM, SO THERE WAS A, A GLITCH WHERE THERE WAS SOME PAYMENTS THAT WERE DIFFICULT, BUT BEFORE AND AFTER THE GLITCH, UM, THE APPLICANTS DID WERE SUCCESSFUL IN MAKING A PAYMENT WITH THE OLD SYSTEM AND WITH THE NEW SYSTEM, CORRECT? YES. OKAY. UM, IS THERE ANY OTHER COMMISSIONER QUESTIONS FOR STAFF BEFORE WE, UM, START HEARING, UH, PUBLIC COMMENTARY OR THE APPLICANT OR ANYONE? HEARING NONE ALL. IS THERE ANY, UH, PUBLIC COMMENTARY, ANYONE SIGNED TO SPEAK? YES, WE HAVE, UH, TWO, UH, FIRST IS MS. SHIRLEY CORTEZ. OKAY. SO SIR, WHAT WE'RE GONNA DO IS CARTER, SORRY, WE'RE GONNA HEAR FROM SOME OF THE PEOPLE IN THE GALLERY WHO SIGNED TO SPEED, AND WE'LL SEE IF THERE'S ANY QUESTIONS. HI, MY NAME IS SHIRLEY CARTER, AND I'VE NEVER BEEN HERE, UH, AND I'M VERY HARD OF HEARING, SO I APOLOGIZE. UH, THE GARBAGE SITUATION LAST WEEK, THERE WERE FIVE CANS OUT ON THE STREET ALL WEEK. WE HAVE PICTURES THAT WE'VE SENT IN TO, UH, THE, UH, NUMBER. UH, AS OF YESTERDAY AT TWO 30, THERE WERE THREE CANS OUT OUT, THEY, UH, WERE MOVED SOMETIME BEFORE THIS MORNING. WE HAVE 15 PEOPLE WHO HAVE SIGNED OR CALLED IN AND SAID, WE DO NOT WANT THIS IN OUR NEIGHBORHOOD. IT IS A VERY QUIET FAMILY OR IN, IN A NEIGHBORHOOD. IT'S BEEN THEIR 50 YEARS. AND, [00:30:01] UH, WE DON'T FEEL LIKE THESE PEOPLE ARE DOING US A JUSTICE TO BRING UNKNOWNS INTO OUR NEIGHBORHOOD. UH, PEOPLE NEXT DOOR, WHO THEY COULD NOT BE HERE TODAY. ONE IS, UH, HEART SURGEONS ASSISTANT. ONE IS A LADY WHO HAD TO GO TO DALLAS FOR ADDITIONAL THERAPIES, UH, TRAINING. THEY'RE BOTH PROFESSIONALS. UH, THE OTHER GENTLEMAN RIGHT HERE IS LARRY ELIAS. HE IS ACROSS THE STREET NEIGHBOR. WE ARE REPRESENTING THE BOARD BECAUSE MR. V COULD, NUN COULD NOT BE HERE TODAY. WE DON'T FEEL THAT HE IS A, THIS GENTLEMAN IS A HOMEOWNER. UH, HE'S NOT LOOKING OUT FOR OUR NEIGHBOR. THE PEOPLE WHO ARE PROFESSIONALS THAT ARE, UH, THEY HAVE YOUNG CHILDREN. THEY'RE TECHNICALLY AFRAID FOR THE KIDS TO BE OUT IN THE YARD. NOW THEY DON'T KNOW WHO'S NEXT DOOR. UH, THE, UH, AND MR. VAAS WILL TALK TO ABOUT HIS, WHAT DOES THAT MEAN? IT'S, YOU'RE GONNA HEAR BEEPS EVERY SO OFTEN. JUST PLEASE CONTINUE. , I CAN'T HEAR YOU. UH, IT, IT, IT DOESN'T MEAN ANYTHING. PLEASE CONTINUE. I'M SORRY. ALL RIGHT. I THOUGHT, OKAY. ANYWAY, UH, BUT I THINK THEY CALLED IN. UH, WE HAVE 15 PEOPLE WHO HAVE SIGNED IT THE LAST TIME TO CALL IN AND, UH, I MEAN TO OPPOSE THIS BUILDING. AND WE DIDN'T UNDERSTAND WHY, UH, IT WAS NOT GRANTED THAT THEY SHOULD SELL AND MOVE. UH, BUT THERE WAS ONE PERSON WHO LIVED ON LIVES ON WHISPER VALLEY AS I DO, I LIVE ACROSS THE STREET FROM HIM. HE SEEMS NOT TO MAKE UP HIS MIND WHAT HE WANTS TO DO, BUT WE HAVE 15 WHO CALLED OR WROTE IN AND OPPOSED THIS HOUSE BEING HERE. IT'S A FAMILY ORIENTED NEIGHBORHOOD. PEOPLE RIDE BIKES, THEY RIDE, THEY WALK, THEY WALK THEIR DOGS, THEY CHILDREN. AND WE JUST DON'T KNOW WHO IS THERE. AND, AND WE DON'T, DON'T APPRECIATE THE FACT THAT AN AIRBNB IS RIGHT THERE IN THE NEIGHBORHOOD. I WROTE HIM A LETTER YESTERDAY AND SAID THAT HE IS NOT A HOMEOWNER. HE IS A TENANT MAKING, I MEAN, HE'S A HOMEOWNER. HE'S, HE'S MAKING MONEY OFF IT. HE IS NOT A HOMEOWNER IN THE PURE SENSE OF THE WORD. AND, UH, WE DON'T THINK THAT, YOU KNOW, WE, WE JUST DON'T KNOW WHO IS, UH, YOU KNOW, AND HE'S NOT PAID AND NOT KEPT UP. AND THE TRASH AND THE CARS ARE A REAL PROBLEM. THANK YOU. THANK YOU, MA'AM. THAT'S YOUR TIME. OKAY. ALRIGHT. THANK YOU. NOW MR. AND NEXT WE HAVE MR. PETER ELIAS DOOR RIGHT NEXT DOOR. HELLO, SIR, PLEASE STATE YOUR NAME AND TELL US. GOOD MORNING. UH, MY NAME'S PETER ELIAS. I LIVE RIGHT NEXT DOOR TO THIS PLACE. UM, I'M AN OLD MAN AND I DON'T FEEL VERY SECURE IN MY HOME. LOOKING AROUND, SEEING ALL THE STRANGE FACES. UM, IT'S TRUE. THEY PUT OUT A LOT OF TRASH. UM, WE HAVE A LOT OF STRANGE FACES. MAYBE THEY'VE BEEN TOLD TO PARK OFF THE STREET, BUT THEY'RE STILL DOING IT. THERE'S STILL FOUR OR FIVE CANS OUT EVERY DAY. AND, UH, LIKE I SAID, I DON'T FEEL REAL GOOD ABOUT LIVING THERE WITH SEEING A BUNCH OF STRANGE FACES ALL THE TIME. UH, I DON'T WANT 'EM THERE, IN MY OPINION. THEY HURT MY PROPERTY VALUE. IF I GO TO SELL MY HOME, WHICH I'VE BEEN THINKING ABOUT DOING EVER SINCE THIS CAME UP, I THINK IT HURTS MY PROPERTY VALUE. A LOT OF PEOPLE AREN'T GONNA WANT TO LIVE NEXT DOOR TO A RENTAL WHERE THEY'RE CONSTANTLY CHANGING PEOPLE. UM, I WOULD APPRECIATE IT VERY MUCH IF YOU NOT ALLOW THIS TO GO ON. I MOVED, YOU KNOW, INTO A QUIET RESIDENTIAL AREA TO GET AWAY FROM THAT HUB, YOU KNOW, THAT COIN AND COMING. I LIKE TO KNOW MY NEIGHBORS. UH, I, TO ME, THAT'S A BUSINESS. ARE WE ZONED FOR A COMMERCIAL? ARE WE ZONED FOR RESIDENTIAL? I DON'T KNOW. I THOUGHT IT WAS RESIDENTIAL. I JUST DON'T WANT A BUSINESS OPERATING NEXT TO ME. LIKE I SAID, I THINK IT HURTS MY PROPERTY VALUE AND IT MAKES ME FEEL VERY INSECURE, YOU KNOW, AS AN OLDER PERSON NOT KNOWING WHO'S LIVING THERE ALL THE TIME. SO, AND BY THE WAY, I THINK THEY, UH, THEY'VE GOT A TERRIBLE GARDENER. THEY'VE GOT SHRUBBERY GROWING THROUGH OUR COMMON FENCE LINE. WE HAVE A PRIVACY FENCE, AND THERE'S SHRUBBERY GROWING THROUGH THERE. IT'S NEVER BEEN ADDRESSED BY THE GUY THAT DOES THE YARD WORK WHEN THEY CLOSE THE FENCE. THERE'S AN AREA THERE [00:35:01] THAT IS SEALED OFF AND I GUESS IT HIDES THE SHRUBS THAT ARE PARKED THERE THAT'S GONNA DO DAMAGE TO THE FENCE. THE LAST TIME THAT FENCE WAS REPAIRED, I SPENT ABOUT CLOSE TO $3,000 TO GET IT REPAIRED WITH NO HELP FROM THE NEIGHBOR AT THE TIME. SO PLEASE, I'M ASKING YOU, WOULD YOU WANT SOMEBODY, WOULD YOU WANNA LIVE NEXT DOOR TO SOMETHING LIKE THAT YOURSELF? I DON'T THINK SO. I REALLY DON'T. SO, UH, DO ME A FAVOR AND PLEASE VOTE AGAINST THIS. I APPRECIATE IT. THANK YOU. THANK YOU. WE ALSO HAVE TWO VOICEMAILS, SIR. ALL RIGHT. LET'S HEAR 'EM. HI, MY NAME IS BRIANNA LER. I AM CALLING ABOUT CASE NUMBER 0 2 2. I LIVE ON TWENTY EIGHT TWENTY THREE WHISPER VIEW STREET. MY PHONE NUMBER IS (210) 386-6944. AND I'M CALLING ABOUT A SHORT TERM RENTAL PERMIT FOR, UM, THE ADDRESS OF 2 8 3 1 WESTVIEW STREET. WE ARE NEIGHBORS RIGHT NEXT DOOR AND, UM, THEY JUST HAVE LEAVE THEIR TRASH OUT ALL THE TIME. EVEN JUST THIS WEEK AFTER THE HEARING FROM LAST TIME. AND WE TALKED ABOUT TRASH AND LEAVING THE TRASH OUT. THEY HAD THEIR RECYCLE AND THEIR COMPOST AND THEIR TRASH ALL OUT ON THE CURB AT THE SAME TIME ON SUNDAY WHEN RECYCLE AND COMPOST DON'T EVEN COME TILL WEDNESDAY AND TRASH DOESN'T EVEN COME TILL FRIDAY. SO IT WAS LEFT OUT THERE UNTIL AFTER WEDNESDAY. RECYCLE DIDN'T EVEN PICK UP THE RECYCLE BECAUSE IT WASN'T EVEN IN THE RIGHT SPOT 'CAUSE IT WAS ALL TOGETHER AND IT WAS OVERFLOWING. AND, UM, BECAUSE I'M GUESSING THAT THEY HAVE THREE DIFFERENT UNITS THAT THEY CAN RENT AT A TIME. THERE HAVE BEEN MORE THAN 12 CARS PARKED THERE FREQUENTLY, WHICH IS HARD BECAUSE OUR STREET'S NOT HUGE. SO IT CAUSES A LOT OF CONJUNCTION ON OUR STREET. AND THEN THEY ALSO BLOCK OUR DRIVEWAY CONSTANTLY. SO I'M ALWAYS HAVING TO WALK OVER AND ASK IF THEY CAN MOVE CARS SO THAT OUR DRIVEWAY WON'T BE BLOCKED. AND THEN IT'S JUST CONCERNING HAVING A SHORT-TERM RENTAL NEXT DOOR BECAUSE I DO HAVE YOUNGER KIDS AND I HATE, UM, THE FACT THAT I NEVER KNOW WHO'S OVER THERE. AND THERE'S PEOPLE IN THE FRONT YARD, IN THE BACKYARD. AND I JUST DON'T LOVE LEAVING THE KIDS AT HOME BECAUSE IT'S, YOU JUST NEVER KNOW WHO'S NEXT DOOR. AND ONE TIME THEY EVEN HAD, UM, THIS HUGE TRAILER WITH A GRILL. SEVERAL. MY NAME IS PETER LUND. I'M THE PRESIDENT OF THE WHISPERING 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 AT 2 8 3 1 WHISPER VIEW IN OUR SUBDIVISION. I BELIEVE THIS CASE WAS TABLED DURING THE MARCH HEARING AND IS BEING REVISITED BY THE COMMITTEE TODAY. UH, THE COMMITTEE HAD REQUESTED THAT THE PROPERTY OWNER CONTACT ORGANIZATION ABOUT LINGERING NEIGHBORHOOD CONCERNS AND VIOLATIONS. ADRIAN CHAPLIN DID CONTACT OUR ORGANIZATION LAST MONTH. UH, HE ADVISED THAT HE PLANNED TO ESTABLISH CONTACT WITH NEIGHBORS WHO HAD CONCERNS WITH THE PROPERTY'S MANAGEMENT AND ITS IMPACT ON THE COMMUNITY. HE ADVISED HIS SHORT TERM RENTAL HAS A ZERO, UH, TOLERANCE POLICY REGARDING PARTIES AND WILL ADVISE GUESTS TO UTILIZE THE DRIVEWAY FOR PARKING WHENEVER FEASIBLE MR. CHAPLIN PLEDGED TO ENSURE THE PROPERTY'S TRASH MANAGEMENT WOULD BE IMPROVED. UNFORTUNATELY, OUR ORGANIZATION DID RECEIVE COMPLAINTS FROM NEIGHBORS JUST LAST WEEK, THAT THE PROPERTY REMAINS OUT OF COMPLIANCE WITH CITY ORDINANCES. IN THIS REGARD, I WILL DEFER TO RESIDENTS REGARDING WHAT WAS OBSERVED. MR. CHAPLIN DID NOT ADDRESS THE PROPERTY'S PAST LINK, UH, LISTING OF TWO SEPARATE SHORT-TERM RENTAL UNITS UNDER ITS ONE TYPE TWO PERMIT. UH, THIS HAS BEEN ACHIEVED BY RENTING THE ORIGINAL CONJOINED GARAGE'S, HABITABLE SPACE. THE COMMUNITY ASKS THE COMMITTEE TO REINFORCE THIS PRACTICE IS NOT ALLOWED. AS MENTIONED AT THE MARCH HEARING, THE HOA HAS NO DOCUMENTATION INDICATING CONVERSION OF THE GARAGE WAS DONE WITH PROPER PERMITTING. MR. CHAPLIN INDICATED THAT, UH, ADDITIONAL RECENT MODIFICATIONS MAY HAVE BEEN MADE, UH, TO THE PROPERTY. AND THE HOA HAS ADVISED HIM THAT REMOVAL OF ANY DOORWAY CONNECTING THE FORMER GARAGE TO THE REST OF THE HOME MAY CAUSE CONCERNS WITH CITY STAFF. WE ENCOURAGE HIM TO VERIFY COMPLIANCE WITH BOTH ZONING AND BUILDING IN THIS REGARD. UH, MR. CHAPLIN DID NOT PROVIDE, UH, RESPOND TO THAT ADVISORY. MR. CHAPLIN, UH, DIOL. ALRIGHT, SO IF THE APPLICANT CAN, UH, PLEASE COME BACK UP. UH, WE'RE GONNA SEE IF THEY HAVE ANY FOLLOW UP QUESTIONS FOR YOU. UM, I DO HAVE A QUESTION. [00:40:01] WAS THERE A PERMIT PULLED FOR CONVERTING THE GARAGE WITH, WITH THE CITY? OR I CAN ACTUALLY ASK YOU, DID YOU PULL THE PERMIT TO CONVERT THE GARAGE? THAT WAS DONE BEFORE I BOUGHT THE PROPERTY BEFORE, YEAH. OKAY. SO WE WAS TOLD THAT, UM, THERE WAS A DISABLED SUNDAY BEFORE AND, UM, THAT WAS WHERE HE STAYED. I DIDN'T EVEN KNOW THAT IT WAS A GARAGE OR ANYTHING. IT DIDN'T LOOK LIKE THAT IT WAS COMPLETELY CLOSED. SO JUST TO, JUST TO CLARIFY, YOU'RE, YOU'RE APPEALING, YOU, YOU, YOUR PERMIT WAS REVOKED BECAUSE OF LACK OF PAYMENT OF HOT TAX. CORRECT. YOU KNOW, YOU'RE NOT VIOLATING THE 12.5% RULE. YOU KNOW, THEY'RE NOT, YOU'RE CERTAINLY ALLOWED TO HAVE AN STR THERE, BUT YOU HAD A PERMIT THAT WAS A LACK OF PAYMENT OF HOT TAX OF THE CITY REVOKED THE PERMIT. CORRECT. SO, UM, THE CITY DID, UH, PROVIDE SOME INFORMATION THAT, AND THIS IS WHAT I'M WOULD LIKE TO HEAR ABOUT, IS THAT YOU USED THE PREVIOUS SYSTEM AND THE CURRENT SYSTEM TO MAKE HOT TAX PAYMENTS. MM-HMM. . SO I'M TRYING TO FIGURE OUT, ASIDE FROM THE GLITCH, WHY DID IT TAKE SO LONG TO TO, UH, YOU KNOW, GET RID OF ALL THE ARREARS ON THE HOT TAXES? NO, THERE WAS NO, SO WE COULD PULL IT UP. THESE ARE, SO WHAT, WHAT YOU'RE SEEING HERE IS THE PAYMENTS FOR ALL THE PROPERTIES THAT WE HAVE. AND, UM, WHISPER VIEW IN QUESTION WE WERE PAYING, UM, ALL OF LAST YEAR. YEAH. THE NEW SYSTEM, THERE WAS, THERE WAS NEVER NO ISSUE WITH THE NEW SYSTEM. IT WAS IN THE OLD SYSTEM WHERE THE CITY TAXES PORTION WERE NOT COLLECTED, AND THAT'S WHERE THE ISSUE CAME IN. OKAY. SO, SO IT WAS FROM THE OLD LEGACY SYSTEM. SO LET ME ASK CITY STAFF AGAIN WHAT THEY, THERE WAS A PAYMENT MADE IN, I BELIEVE, JANUARY 25TH, I THINK, TO BRING THEM, TO BRING THEM UP, CORRECT. SO THEY DID MAKE A PAYMENT ON JANUARY 24TH, AND AT THAT TIME THEY DID PAY FOR AUGUST, WHICH WAS DELINQUENT. MM-HMM. THEY DID PAY FOR NOVEMBER, WHICH WAS DELINQUENT, AND THEY'RE DECEMBER AT THE SAME TIME. AND THAT ONE WAS PAID ON TIME. OKAY. SO, SO IT'S AUGUST AND NOVEMBER WERE REALLY THE BIG ONES THEN? CORRECT. OKAY. SO WAS THERE, CAN YOU SPEAK ABOUT AUGUST AND NOVEMBER PLEASE? THOSE, THOSE WERE MISSED, BUT THAT'S WHAT, THOSE WERE NOT WHAT THE, AS FAR AS WE KNOW WHY THE PERMIT WAS REVOKED. IT WAS FOR THE OLD SYSTEM THAT THE, THE LEGACY SYSTEM, I GUESS WHEN YOU FILED IT, THE, THERE WAS A GLITCH FROM MARCH TO MAY. YEAH, THERE WAS A GLITCH WITH THAT SYSTEM. THOSE ARE CONSIDERED LATE. SO FOR FINANCE, IS THAT A PART OF THE REASON WHY THAT WAS REVOKED AS WELL? MARCH AND MAY. SO THAT IS NOT PART OF IT, BUT THEY WERE ALSO RECEIVING DELINQUENCY NOTICES FOR THOSE MONTHS. OKAY. ALL RIGHT. SO IS THERE ANY QUESTIONS FROM THE COMMISSION? YEAH. COMMISSIONER BARRINGTON, I AM IMPRESSED BY THE RESULTS OF THE NOTIFICATION OF PEOPLE WITHIN 200 FEET. UH, IN THE MONTHS I'VE BEEN ON THIS BOARD, I DON'T THINK I'VE EVER SEEN A CASE WHERE SO MANY PEOPLE SURROUNDING YOUR PROPERTY ARE OPPOSED TO THE CASE. SO I'D LIKE TO GIVE YOU THE OPPORTUNITY TO ADDRESS THAT AND EXPLAIN WHY THAT IS. UM, FROM WHAT I UNDERSTAND, IT'S THE TRASH AND, UM, THEY JUST DON'T WANT A SHORT TERM RENTAL IN THEIR PROPERTY, UM, IN THEIR NEIGHBORHOOD. UM, THE THINGS THAT I CAN FIX, UM, WE'RE ADDRESSING, WHICH ARE THE PARKING, UM, AND THE TRASH, BUT EVERYTHING ELSE, I, I CAN'T ADDRESS THAT. WE, UM, THE HOA ALLOWS SHORT TERM RENTALS. UM, WE'RE, WE'RE TRYING TO BE COMPLIANT IN EVERY ASPECT OF THAT. SO, UM, THE THINGS THAT I CAN CONTROL, WE'RE TRYING TO CONTROL, BUT OTHER THAN THAT, I CAN'T SPEAK TO WHY THEY DON'T WANT US TO OPERATE. OKAY. ANYONE ELSE? CRUZ, MR. CRUZ. UM, QUESTION. SO HOW LONG HAVE YOU OWNED THE PROPERTY NOW? SINCE AT THE BEGINNING, MAYBE I WOULD SAY AUGUST BEF LAST YEAR IS 2023. THINK AUGUST 20, AUGUST, 2022. SO YOU'RE ALREADY GOING ON TWO YEARS AWAY? THE PROPERTY? YES, BUT WHEN WE BOUGHT THE PROPERTY, IT WAS, UM, IT, IT WAS DAMAGED. IT WAS ABANDONED. SO WE HAD, UM, DID SOME RENOVATIONS FOR ABOUT A YEAR ON IT TO TILL ABOUT FEBRUARY. OKAY. AND, AND THE NEIGHBORS DIDN'T QUESTION YOU ON THE UPDATES OR WHAT YOU WERE GONNA DO WITH THE HOME AT THAT TIME? UM, NO, NOT AT THAT TIME. ALL RIGHT, THANK YOU. QUESTION FOR STAFF COMMISSIONER ZEMAN. UH, QUICK QUESTION. IF THE, THE APPEAL HERE IS DENIED, WHAT IS HIS TIMEFRAME? HE CAN REAPPLY WITHIN WHAT, 12 MONTHS OR WHAT IS THE REAPPLICATION PROCESS FOR THE APPLICANT? [00:45:04] I'M SORRY, CAN YOU REPEAT YOUR QUESTION? RIGHT. QUESTION WAS IS IF THE APPEAL HERE IS DENIED AND NO OTHER, THERE ARE NO OTHER SHORT-TERM RENTALS THAT ARE, UM, LICENSED WITHIN THE, WITHIN THAT PERIOD OF TIME, WHAT IS THE TIMEFRAME THAT HE COULD REAPPLY FOR A SHORT TERM RENTAL? IT IS 12 MONTHS FROM THE REVOCATION DATES WILL BE JANUARY 24TH, 2025. OKAY. THANK YOU. ANY OTHER QUESTIONS? ANNA? COMMISSIONER MANNA, UM, QUESTION FOR THE APPLICANT. SO, SO I'M LOOKING AT YOUR, UM, IT TALKS ABOUT THE SPACE AND IT TALKS ABOUT, UM, THE WAY IT'S CONFIGURED THAT IT, IT IS, CAN BE LISTED AS TWO SEPARATE LISTINGS. IS IS THAT A TRUE STATEMENT THAT, THAT YOU ARE, THAT SAYS TWO SEPARATE LISTINGS WE TOOK, WE FIXED THAT. UM, BUT I GUESS ON THE SITE WE DIDN'T UPDATE THAT, BUT THEY CAN ONLY RENT ONE. THE, THE HOUSE. IT'S ONLY ONE LISTING. OKAY. SO FOR CITY STAFF, HAS THIS PROPERTY BEEN RENTED AS TWO LISTINGS? YOU KNOW, I GUESS THROUGH, THROUGH ANY OF THE HOT NOTIFICATIONS OR ANYTHING LIKE THAT FROM YOUR PERSPECTIVE? UM, AFTER THAT MEETING WE HAD LAST MEETING, THEY DID REMOVE THAT SECOND LISTING. SO IT'S JUST THE ONE LISTING THAT'S ON RIGHT NOW. OKAY. AND WE'LL UPDATE THAT, UM, VERBIAGE WHERE YOU'RE READING THAT AND, AND YOU HAVE NINE BEDROOMS IN THE HOUSE? UH, YES. WOW. OKAY. ALRIGHT. UH, ANY OTHER QUESTIONS? I DIDN'T HEAR ANY. NONE. SO WHAT WE'RE GONNA DO IS WE'RE GONNA CLOSE THE PUBLIC HEARING AND WE'RE GOING TO MAKE A MOTION DELIBERATE AND WE'LL SEE HOW THIS TURNS OUT. BUT, UM, THANK YOU. IS THERE ANY CLOSING REMARKS YOU WANNA MAKE BEFORE WE DO THAT? UM, NO. UM, THAT, THAT IS OVERSIGHT. WE WILL, UM, ADDRESS THAT, THAT, THAT VERBIAGE. BUT WE'RE, LIKE I SAID, WE'RE TRYING TO BE COMPLIANT. UM, WE WANNA WORK WITH THE COMMUNITY TO FIX ANY CONCERNS. WE JOINED THE HOA, WE PAID OUR DUES. UM, THERE'S OTHER CONCERNS ABOUT THE CONVERTED GARAGE THAT WAS PRIOR TO US. UM, I KNOW A LOT OF THE, THE COMMUNITY MEMBERS, WHEN I SENT THEM AN EMAIL, SOMEBODY UM, UM, WROTE BACK STATING THAT WE HAD, UM, OPERATED THE PROPERTY WITHOUT, UM, PERMITS WHEN WE WERE DOING RENOVATION THAT IT'S FAULT. UM, WE BOUGHT THE PROPERTY AFTER THAT AND THEN SINCE THEN WE WENT THROUGH, UM, WE WENT ALL THE PERMITS AND DID EVERYTHING TO BRING THAT PROPERTY UP TO CODES. SO, UM, AND THAT SHOULD BE DOCUMENTED. SO I JUST WANTED TO MAKE THAT DISTINCTION THAT WE DID NOT OWN THE PROPERTY WHEN WHATEVER WAS HAPPENING PRIOR TO THE TIME WE BOUGHT IT, WHICH WAS IN 2022. ALL RIGHT. THANK YOU VERY MUCH. THANK YOU. SO WITH THAT, I'M LOOKING FOR A MOTION CRUZ COMMISSIONER CRUZ, REGARDING CASE NUMBER BO A 24 1 0 3 0 0 0 2 2. I MOVE TO THE BOARD OF ADJUSTMENT GRANT, THE APPEAL FOR THE PROPERTY SITUATED AT 28 31 WHISPER VIEW APPLICANT BEING ADRIAN CHAPLIN BECAUSE THE INFORMATION PROVIDED BY THE APPLICANT SHOWS THAT THE CITY STAFF MADE AN ERROR IN ENFORCING SECTION 16 1 1 1 10 D WHEN REVOKING THE SHORT TERM PER RENTAL PERMIT AND A MOTION IS THERE A SECOND? I OKAY. I SECOND. OKAY. WE HAVE, WE HAVE, UH, WE HAVE A MOTION AND A SECOND. COMMISSIONER CRUZ. UNFORTUNATELY I CAN'T SUPPORT THIS, UH, THIS MOTION, THIS APPEAL AT THIS TIME BECAUSE, UH, I, I'M WITH THE NEIGHBORS IF THERE'S SO MANY OF 'EM COMPLAINING, I JUST CAN'T SEE WHY, UM, THEY WOULD, UH, WANNA KEEP IT AND I UNDERSTAND THEIR SITUATION, BUT AT THE SAME TIME, THE NEIGHBORS HAVE A LOT TO TALK ABOUT. SO I WILL, UH, I WILL SAY NO. THANK YOU. HEY, UH, COMMISSIONER BEN, DO YOU HAVE ANY COMMENTS? GO AHEAD. UM, I UNDERSTAND THE, THE NEIGHBOR'S CONCERNS. UH, WHAT'S PUZZLING IS THAT THEY WERE GRANTED THEIR PERMIT AND IT SEEMS KIND OF, UH, CONFUSING AS WELL WITH THE, THE PROCESS OF PAYMENT, WITH THE CHANGE OF, UM, LEGACY TO THE NEW, UH, WEBSITE THAT WHERE YOU GO MAKE PAYMENTS. IT'S NOT THE EASIEST SYSTEM TO WORK AT WITH SOMETIMES. UM, I, I WANT TO JUST UNDERSTAND A LITTLE BIT MORE ABOUT, UH, HAD THE NEIGHBORS APPROACHED, UH, THE OWNER [00:50:01] PRIOR TO THIS REVOKED OF PERMITS. UM, AND I KNOW THAT THEY DID NOT HAVE ANY COMPLAINTS TO 3 1 1. I DON'T BELIEVE I HEARD THAT IN THE LAST MEETING. SO I'M, I'M STILL A LITTLE PUZZLED IN ON IT, BUT I I'M GOING TO, I'M GOING TO VOTE FOR, UH, ALLOWING THEM TO GET THEIR PERMIT. NO. NO. OKAY. ANY OTHER COMMISSIONERS YOU'D LIKE TO ADD? VASQUEZ, COMMISSIONER VASQUEZ AND BENAVIDES. MAY I SAY SOMETHING? UH, I, I MYSELF AM GONNA SIDE WITH, UH, WITH THE, WITH THE NEIGHBORS. UM, THERE, THERE'S A, CONTINUES TO BE REPETITION OF, UH, OF THE STORY AND, AND I BELIEVE THAT THE NEIGHBORS, UH, HAVE THE RIGHT TO ENJOY THEIR PROPERTY, UH, IN PEACE. OKAY. COMMISSIONER BEES? I'M IN FAVOR OF THE, UM, THE PERMIT HOLDERS. I AGREE WITH MY, UM, COLLEAGUE. I THINK THEY'VE DONE EVERYTHING THAT, THAT, UM, THAT THEY CAN, UM, IN TERMS OF THE GARBAGE, UM, CAN, UM, AND ALSO WITH THE PARKING, AND I THINK THE, THE NEIGHBORS, ALTHOUGH MANY CAME OUT AND ARE IN OPPOSITION, THE MAIN REASON TO ME SEEMS TO BE THEY JUST DON'T WANT AND, AND STR IN THEIR NEIGHBORHOOD. BUT THE PERMIT WAS GRANTED, UM, UH, WITHIN THE, THE, THE STATUTES OF THE CITY, OF THE STR. AND, UM, I THINK THE REASON THEY'RE HERE IS FOR THE PAYMENT, WHICH WE KNOW THERE WAS A GLITCH IN THE SYSTEM, WHICH IS, YOU KNOW, UM, OUT OF THEIR CONTROL. IT SEEMS TO ME THEY'VE DONE EVERYTHING POSSIBLE, UM, THAT THEY COULD TO, TO RECTIFY AND REMEDY THE ISSUES THAT THE, THAT THE, THAT THE NEIGHBORS HAVE. UM, SO I AM IN FAVOR OF THE, UM, OF GRANTING THEM THE STR ALL COMMISSIONER ZUNA. SO THE APPLICANTS, AS YOU RECALL, HAD TWO SITUATIONS THAT WERE SIMILAR. AS YOU RECALL IN THE LAST MEETING, WE DID PROVIDE THE VARIANCE, UH, APPEAL TO THE APPLICANT ON THE SAME PROCEDURAL ISSUES THAT WERE BROUGHT FORWARD IN TERMS OF THE COMPUTER GLITCH. SO, YOU KNOW, ASIDE FROM THE NEIGHBORHOOD OPPOSITION, THE PROCEDURE IS THE SAME, THE ISSUES WERE THE SAME. UH, AND SO I'M GONNA SIDE WITH THE APPLICANT IN THIS CASE BECAUSE OF THE, THE SAME PROCEDURAL ISSUES THAT WERE, WERE REASONS THAT WE GRANTED THE VARIANCE IN THE LAST CASE. OKAY. ANYONE ELSE? HEARING NONE? LET HAVE A ROLL CALL VOTE PLEASE. COMMISSIONER CRUZ. I DO NOT CONCUR. COMMISSIONER BONIS? I CONCUR. COMMISSIONER BARRINGTON? NO, I DO NOT. CONCUR. COMMISSIONER STEVENS? I CONCUR. COMMISSIONER GOMEZ? YOU CONCUR? I CONCUR. OKAY, THANK YOU. COMMISSIONER MANA? I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER AVILAS? I CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER ZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ? I DO NOT CONCUR. CHAIR ORIAN. UH, I CONCUR WITH THE APPEAL. UH, WITH THAT IT'S SEVEN FOUR, UH, FOUR AGAINST THE APPEAL FAILS. SO FOR THE APPLICANT, UM, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF, UH, YOU CAN REAPPLY ON JANUARY 24TH, UH, IF YOU WISH. THANK YOU. THANK YOU STAFF. I'M SORRY. STAFF WILL HELP YOU OUTSIDE. YEAH, IF YOU HAVE ANY QUESTIONS, YOU CAN, YOU CAN TALK TO STAFF. OKAY. WELL, YOU KNOW, FOR ALL OF US DON'T, OKAY, MA'AM, THE CASE IS OVER, MA'AM. I'M SORRY. OH, OKAY. WE CAN, MA'AM, WE CAN HELP ANSWER YOUR QUESTIONS. I CAN'T HEAR. OH, IT'S OKAY. UH, UH, THE APPEAL WAS NOT SUCCESSFUL, SO IT IT'S NOT GOING TO BE, UM, AN STR, SO I, I GUESS YOU COULD, HE LIED A LOT. THANK YOU. UM, ITEM NUMBER THREE, PLEASE. GOOD AFTERNOON. MY NAME IS JUAN ALVAREZ, PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER THREE 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 CONTRA 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 PERMIT ON THE BLOCK FACE. [00:55:02] THERE'S CURRENTLY FOUR UNITS ON THE BLOCK FACE. ONE STR TYPE TWO IS ALREADY PRESENT BEING AT 8 21 EAST PARK AVENUE. THE BLOCK FACE IS CURRENTLY AT 25%. AND, AND IF AN ADDITIONAL SECOND TYPE TWO PERMIT IS APPROVED, THE BLOCK FACE WILL BE AT 50%. EIGHT 15 AND 80 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 SHORT TERM RENTAL PERMIT BEING ISSUED CITATIONS AS WELL. AND THAT IS THE ACTIVE LISTING. AND THIS IS THE SITE PLAN OF THE PROPERTY SUBMITTED AT THE TIMEOUT OF THE APPLICATION. THIS IS THE SUBJECT PROPERTY AND THE NEXT FEW SLIDES ARE THE NEIGHBORING PROPERTIES AND SURROUNDING AREAS. STAFF RECOMMEND DENIAL OF THE APPLICANT'S REQUEST FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK FACE. THERE WERE 28 NOTICES MAILED OUT, ZERO IN FAVOR, ZERO IN OPPOSITION, AND THERE WAS OPPOSITION FROM TOBIN HILL COMMUNITY NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF PRESENTATION. APPLICANT IS HERE TO ANSWER ANY QUESTIONS. ALL RIGHT, SO HAVE THE APPLICANT COME FORWARD PLEASE. THANK YOU. THANK YOU. GOOD AFTERNOON. GOOD AFTERNOON. UH, THIS IS, I THINK OUR THIRD TIME BACK AFTER THIS HAS BEEN CONTINUED A NUMBER OF TIMES. UM, I SEE NEW FACES AND I SEE SOME OLD FACES AND SO I'M HAPPY TO REVISIT ANY ASPECT OF THIS CASE. JUST VERY BRIEFLY, THIS PROPERTY, UH, WAS INHERITED BY MY CLIENTS JONATHAN CLARK AND CHRISTOPHER CLARK, UH, FROM THEIR MOTHER'S ESTATE. IT IS ON THE VERY EDGE OF THE PEARL DISTRICT IN THE LAST 45 DAYS SINCE I HAVE BEEN HERE. THERE HAS BEEN AN INCREDIBLE AMOUNT OF APARTMENT DEVELOPMENT AROUND THIS PARTICULAR PROPERTY. UH, MY CLIENT IS REQUESTING A VARIANCE SO THAT HE MAY HAVE A SHORT TERM RENTAL PERMIT EXCEEDING THE, UH, NUMBER ON THIS, ON THIS BLOCK FACE. AS IT STANDS RIGHT NOW, WE HAVE VISITED WITH THE NEIGHBOR WHO HAS A SHORT TERM RENTAL PERMIT. HE HAS NO OPPOSITION, BUT HE HASN'T SUBMITTED ANYTHING. WE DID SUBMIT A LETTER, UH, FROM THE IMMEDIATE NEXT DOOR NEIGHBOR WHO OWNS THE UNIT AT 8 23. UH, AND I DON'T KNOW IF YOU'VE RECEIVED A COPY OF THAT, BUT I DON'T THINK SO BECAUSE IT'S IN THE, IT WAS NOT UP ON THE SCREEN AND I'M HAPPY TO HAND THAT OUT, BUT THERE'S A COPY OF THAT. OKAY, THANK YOU VERY MUCH. SO BRAD FREEMAN OWNS THE PROPERTY AT 8 23. I'M GONNA PUT HIS, UH, EMAIL HERE AND AT THE VERY BOTTOM OF THIS PAGE. MY NAME IS BRAD FREEMAN AND I OWN AND LIVE NEXT DOOR AT 8 23 EAST PARK AVENUE. OUR FRONT DOORS ARE ABOUT FIVE FEET APART. THE LOCATION OF OUR PROPERTIES IS VERY UNIQUE AND NOT YOUR TYPICAL NEIGHBORHOOD. THE 8 25 HOME IS ON THE CORNER OF ELMIRA AND EAST PARK AND IS ONLY A FEW STEPS FROM THE PEARL PROPERTY WHERE THEY'RE BUILDING A LARGE SEVEN STORY CONDOMINIUM THAT WILL HOUSE HUNDREDS ACROSS THE INTERSECTION. IS NEW FREE PARKING LOT OWNED BY THE PEARL. DIRECTLY ACROSS THE STREET IS A LARGE CITY OWNED LOW INCOME HOUSING PROJECT THAT HAS HIGH TURNOVER. THE ENTIRE 800 BLOCK OF EAST PARK AVENUE DOES NOT HAVE A SINGLE FREE STANDING HOUSE. THANK YOU. MOST OBJECTIONS TO SHORT TERM RENTALS ARE DUE TO LOUD PARTY NOISES, INCREASED STREET PARKING, AND EXCESSIVE TRASH. THIS HAS NOT BEEN A PROBLEM IN THE PAST FOR THIS NEIGHBOR AND IT WOULD TAKE QUITE THE EFFORT TO BE NOTICED AND COMPETE WITH THE PEARL ON A WARM WEEKEND NIGHT. THE OWNER OF 8 25 EAST PARK AVENUE LIVES NEARBY AND IS VERY RESPONSIVE TO ANY ISSUES WITHIN THE NEIGHBORHOOD. THE NEIGHBORHOOD CHALLENGE IS NOT SHORT, SHORT-TERM RENTALS, BUT THE URBAN CAMPING UNDER THE NEARBY ENTERS, UH, OVERPASSES. UH, SO THAT IS OUR IMMEDIATE NEXT DOOR NEIGHBOR. AS I SAID, THE SHORT-TERM RENTAL PERMIT HOLDER, UH, JUST ONE FURTHER HOUSE OVER IS NOT OPPOSED. MY CLIENT, JONATHAN CLARK, OWNS THE HOUSE AROUND THE CORNER AT 1104 EAST ELMIRA, OBVIOUSLY AS YOU'D EXPECT, HE'S NOT OPPOSED. UM, AND WE PREPARED A LITTLE VIDEO OF THIS NEIGHBORHOOD IF WE CAN PULL IT UP JUST TO GIVE YOU AN IDEA OF WHAT THE PROPERTY IS LIKE. AND I WANT Y'ALL [01:00:01] TO SEE THIS BECAUSE THE PURPOSE OF THIS SUBCHAPTER IS TO PROTECT THE INTEGRITY OF THE NEIGHBORHOODS IN WHICH SHORT TERM RENTAL PROPERTIES OPERATE. AND SO WITH THAT IN MIND, IT'S, IT'S A VIDEO. IT IS NOT. I TRIED EMAILING IT, IT DIDN'T WORK. THEY MIGHT BE ABLE TO PROJECT THE VIDEO FROM YOUR PHONE ON THE SCREEN IF YOU WANT. YEAH, I WAS WONDERING IF IF YOU'RE ABLE TO THERE. YEAH. YEP. ALRIGHT. SO THIS IS THE, UH, WHEN YOU TURN BACK AROUND, THIS IS THE AFFORDABLE HOUSING PARK SQUARE. THIS IS THE HOUSE HERE ON THE CORNER. AND JUST A MONTH AGO, 45 DAYS AGO, NEITHER OF THOSE APARTMENT AND CONDO STRUCTURES WERE THERE. SO ACROSS THE STREET YOU WERE ABLE TO SEE THE PEARL. NOW YOU ARE NO LONGER ABLE TO SEE THE PEARL DISTRICT. THERE ARE CONSTRUCTION VEHICLES ALL OVER THE PLACE. THERE ARE PEOPLE THAT ARE WALKING AROUND ALL OVER THE PLACE AND THERE ARE HUNDREDS UPON HUNDREDS OF RESIDENTIAL DWELLINGS OF EVERY TYPE. EVERYTHING FROM AFFORDABLE HOUSING TO HIGH INCOME TOWN HOMES, TO NOW APARTMENTS AND CONDOS. GRANTING AN ADDITIONAL SHORT-TERM RENTAL PERMIT WILL NOT CHANGE THE CHARACTER OF THIS NEIGHBORHOOD AT ALL. IN FACT, IT WILL BE IN HARMONY WITH THE NEIGHBORHOOD HERE. THANK YOU VERY MUCH. UM, THIS AREA IS A VERY HIGHLY TOURIST AREA. THERE IS A LOT OF TRAFFIC FROM OTHER SOURCES AND SO ANY ADDITIONAL TRAFFIC FROM A SHORT TERM RENTAL IS NOT GOING TO CHANGE ANYTHING THAT HAPPENS IN THE NEIGHBORHOOD. IT'S A THREE BEDROOM HOME. THERE ARE TWO PARKING SPOTS AVAILABLE, ONE IN THE GARAGE AND ONE ON IN THE DRIVEWAY. THERE'S ALSO AMPLE PARKING ON THE STREETS, UH, AS EVIDENCE IN THE VIDEO BY ALL OF THE CONSTRUCTION WORKERS WHO HAD THEIR TRUCKS PARKED ON THE STREETS. UH, AS YOU SEE FROM MR. FREEMAN THOUGH, THOSE TYPES OF ISSUES HAVE NEVER BEEN A PROBLEM, UH, IN THE PAST. NOW YOU DID SEE THAT THERE WERE THREE VIOLATIONS, UH, FROM ACTIVITY LAST YEAR. MY CLIENT WAS NOT AWARE THAT THEY WERE OPERATING IN VIOLATION WITHOUT A SHORT-TERM PERMIT UNTIL THEY RECEIVED NOTICES. UH, I DID GO DOWN TO THE, UH, MUNICIPAL COURT AND RESOLVED ALL OF THE OUTSTANDING VIOLATIONS WITH THE, UH, STAFF DOWN AT, AT THE, UH, MUNICIPAL COURT. SO TO MY KNOWLEDGE, WE HAVE NO OUTSTANDING VIOLATIONS ANY LONGER. UH, WHEN YOU LOOK IN CHAPTER 35, THERE ARE FIVE, UM, BASICALLY FIVE CRITERIA THAT YOU ARE REQUIRED TO CONSIDER WHEN GRANTING A VARIANCE. THE FIRST IS THAT THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY. NOTHING ABOUT OPERATING A SHORT-TERM RENTAL THAT, AS THE NEIGHBOR SAYS, IS A GOOD OPERATION IS GOING TO, UH, AFFECT OR ENDANGER THE PUBLIC HEALTH OR SAFETY. IT'S ALREADY A HIGH TRAFFIC AREA AND THIS WON'T CHANGE THAT. THE SECOND IS THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE. I WOULD TELL YOU THAT THERE IS A LARGE PUBLIC NUISANCE CREATED BY ALL THE CONSTRUCTION, BUT THAT HAS NEVERTHELESS BEEN APPROVED AND IT IS ONGOING. UH, ADDING SOME ADDITIONAL SHORT-TERM RENTAL ACTIVITY IS NOT GOING TO CHANGE THAT THE NEIGHBORING PROPERTIES WILL NOT BE SUBSTANTIALLY INJURED BY THE PROPOSED USE. YOU'VE HEARD NOW FROM BOTH OF THE IMMEDIATE NEXT DOOR NEIGHBORS THAT THEY HAVE NO OPPOSITION AND THERE'S NO CONCERN ABOUT INJURY AS A RESULT OF A SHORT-TERM RENTAL PERMIT. THE NEXT FACTOR RELATES TO ADEQUATE UTILITIES ROAD ACCESS, UM, NONE OF WHICH IS AT PLAY HERE. THE APPLICANT DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES. THE CITATIONS THAT THEY DID RECEIVE HAVE ALL BEEN CLEAN, UH, CLEARED UP WITH THE MUNICIPAL COURT. AND FINALLY THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION, WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. AND I THINK I'VE DETAILED THAT PRETTY EXTENSIVELY, THAT THIS IS NOT GOING TO CHANGE ANYTHING ABOUT THE CHARACTER OF THAT DISTRICT. IT'S GOING TO FIT IN PERFECTLY WITH THE HARMONY OF THE TOURISM AT THE PEARL DISTRICT. I ALSO READ AN ARTICLE RECENTLY THAT THERE'S GONNA BE AN, THE PEARL'S GONNA BE EXPANDING ACROSS THE RIVER, WHICH IS THE DIRECTION OF MY CLIENT'S PROPERTY. AND, UH, WITH THAT THERE WILL BE ANOTHER HOTEL ADDED. [01:05:01] SO, LIKE I SAID, IT'LL BE IN HARMONY WITH WHAT'S GOING ON IN THAT AREA. SO FOR THOSE REASONS, WE'D REQUEST A VARIANCE AND THAT WE BE GRANTED A SHORT TERM RENTAL PERMIT, UH, TO OPERATE AT 8 25 EAST PARK. AND I'M HAPPY TO ANSWER ANY QUESTIONS YOU ALL MAY HAVE. ALRIGHT, THANK YOU COMMISSIONER ZUNA. ALRIGHT, THIS QUESTION IS FOR STAFF. I SEE WE HAVE SOME OPPOSITION FROM THE TOBIN HILL COMMUNITY, NORTHWOOD NEIGHBORHOOD ASSOCIATION. DO WE KNOW SPECIFICALLY WHAT THEIR OPPOSITION TO THE SHORT TERM RENTAL APPLICATION IS? I HAVE THEIR EMAIL. FORGIVE ME. I FORGOT TO ADDRESS THAT. UH, AND OF COURSE YOUR STAFF CAN A UH, NO, WE DIDN'T RECEIVE ANY EMAILS OUTLINED SPECIFICALLY WHAT THEY'RE IN OPPOSITION FOR. JUST A, JUST A GENERAL OPPOSITION. CORRECT. THANK YOU. AND, UH, THE QUESTION FOR THE APPLICANT, SO YOU'RE, YOU LISTENED TO THE PRIOR CASE BEFORE, RIGHT? YES. YOU KNOW, ALL THE REPORTING REQUIREMENTS, WHETHER THERE'S ZERO REVENUE OR NOT, AND DON'T EXPECT TO HAVE ANY ISSUES WITH REPORTING, UH, TAXES, UH, FOR THE PROPERTY. WE DO NOT, NO. MY, MY CLIENT'S A SOPHISTICATED BUSINESSMAN, UH, AND WE SO ON THE PRIOR VIOLATIONS, YES. HE WAS JUST NOT AWARE OF THE SHORT TERM ORDINANCE OR WHAT WAS THE, WHAT WAS THE REASONING FOR THE PRIOR VIOLATION? THAT'S CORRECT. HE WAS NOT AWARE OF THE SHORT TERM ORDINANCE. AND REAL QUICK TO THE TOBIN HILL ASSOCIATION, I DID SPEAK WITH, UH, RICK, WHO IS THE PRESIDENT OF THE TOBIN HILL ASSOCIATION. WE HAD A GOOD DISCUSSION. HE SUBMITTED AN EMAIL THAT'S, THAT'S HERE ON YOUR SCREEN. UH, IN SHORT, WHAT HE BASICALLY SAID TO ME IS THAT THEY SUPPORT THE ORDINANCE AND THAT'S WHY THEY REGISTERED THEIR VOTE, BUT THEY LEAVE IT TO YOU ALL TO ASCERTAIN WHETHER, UH, A VARIANCE IS APPROPRIATE. AND SO OTHER THAN SAYING THEY SUPPORT THE ORDINANCE, THEY HAD NOTHING ELSE TO WEIGH IN ABOUT. THANK YOU. OKAY. ANYONE ELSE? UH, I I HAVE A QUESTION. SO IF, IF THERE'S A LARGE APARTMENT COMPLEX GOING ACROSS THE STREET, THEY GET, THEY GET THE 12 POINT, UH, 5% PERCENTAGE APPLICATION AS WELL. SO IF THERE'S 200 UNITS FOR RENT THERE, 12.5% COULD BE STR UH, YES, MR. CHAIR. THAT'S CORRECT. WE 12 POINT HALF PERCENT OF THAT TOTAL UNITS AT THE DEPARTMENT COMPLEX. OKAY. ALRIGHT. UM, ANY OTHER QUESTIONS? I DON'T HAVE A QUESTION. UM, IVANIA, UH, BUT I DO HAVE A COMMENT. UM, YOU POINTED OUT THE CRI THE CRITERIA THAT WE SHOULD JUDGE YOUR REQUEST ON, BUT THE QUESTION HERE IS THE ORDINANCE OF HAVING MORE THAN ONE TR TWO ON A BLOCK FACE. AND, UH, I JUST WANTED TO CLARIFY THAT FOR US, BECAUSE THE ORDINANCE DOES REQUIRE, UH, JUST ONE STR TWO PER BLOCK FACE. THE, THAT AREA, TOBIN HILL AND AROUND THE PEARL IS PRETTY INUNDATED WITH STR TWOS. UM, AND I THINK THAT THE, FROM MY PERSPECTIVE, THE ORDINANCE IS TRYING TO KEEP, UM, STR TWOS AT A MINIMUM, UH, PER BLOCK FACE FOR THE REASON OF TAKING CARE OF THE NEIGHBORHOODS. AND SO, UM, I JUST WANTED TO POINT OUT THAT THE FACT IS THAT THERE'S ALREADY AN S STR TWO ON THAT BLOCK FACE AND, UH, I THINK THAT ORDINANCE SHOULD BE FOLLOWED. MAY I RESPOND? YEAH. SO, UM, OKAY, LET'S, IF YOU'D LIKE TO RESPOND, THEN THAT'S FINE. WELL, I'D JUST LIKE TO CLARIFY THAT WHAT WE ARE SEEKING AS AN EXCEPTION, WHICH IS SPECIFICALLY OUTLINED. SO I AGREE WITH YOU. THE ORDINANCE DOES SAY ONE STR PERMIT PER BLOCK FACE, BUT THE ORDINANCE ALSO GIVES THIS BOARD THE ABILITY TO GRANT EXCEPTIONS WHEN AN APPLICANT COMES BEFORE YOU AND PRESENTS THOSE FACTORS THAT I JUST OUTLINED. AND SO THAT'S WHAT WE ARE HERE REQUESTING. OKAY, THANK YOU. UH, STAFF, IS THERE ANY PUBLIC COMMENTARY, VOICEMAILS, ANYONE, SENATOR, SPEAK? NO, WE DO NOT HAVE PUBLIC COMMENT. ALL RIGHT. SO AT THIS TIME, A QUESTION FOR STAFF AS WELL. YES. COMMISSIONER ORDINANCE IS A PERCENT RIGHT, ISN'T IT? LIKE 12.5% OF THE BLOCK FACE? AND JUST LIKE THE EXAMPLE THAT THE CHAIR BROUGHT UP ABOUT THE APARTMENT WITH 300 UNITS THAT THEY COULD HAVE, YOU KNOW, THAT PERCENT OF, THEY COULD HAVE LIKE 40 OF 'EM, 40 SHORT TERM RENTALS. UM, YEAH. SO WHAT'S 12.5% IS THE NUMBER? UM, THAT'S AGAIN, BASED OFF A BLOCK PHASE IF THERE'S FOUR OR LESS UNITS PER LOT. SO OBVIOUSLY IF THEIR UNIT IS FIVE TO EIGHT, THAT 12.5% WILL BE BASED OFF THE FIVE TO EIGHT ON THAT PROPERTY. AND THEN APARTMENT COMPLEX MORE THAN EIGHT, THAT WOULD BE 12.5% OF THE TOTAL UNITS ON THE APARTMENT COMPLEX. HONOR, I JUST WANTED TO MAKE CLEAR THAT IT'S JUST NOT ONE UNIT PER BLOCK FACE, CORRECT? CORRECT. IT'S A PERCENTAGE AND DEPENDS ON THE NUMBER OF UNITS ON THAT PERCENTAGE. RIGHT. AND SO YOU COULD HAVE IN THIS EXAMPLE THAT VACANT LOT BE DEVELOPED WITH AN EIGHT UNIT, OR I DON'T KNOW THE ZONING ON THAT, BUT, UM, WELL, THE IDZ ZONING, YOU COULD HAVE A MULTI-FAMILY UNIT ON THAT, WHICH WOULD, UH, BE, YOU KNOW, THEN BE ALLOWABLE TO HAVE MORE THAN ONE STR ON THAT PROJECT. SO ON THAT BLOCK [01:10:01] BASE, YEAH. SO IT DEPEND, BUT THAT'S CORRECT. IT'S 12 HALF PERCENT BASED ON THE NUMBER OF UNITS ON THAT UNIT OR BLOCK. OKAY. SO, UH, WHAT WE'RE GONNA DO IS WE'RE GONNA, UH, LOOK FOR A MOTION AND WE'LL DELIBERATE THIS AND WE'LL SEE HOW IT TURNS OUT. THANK YOU. I'M LOOKING FOR A MOTION, PLEASE UNA MR. UNA REGARDING CASE NUMBER BOA DASH 24 DASH 0 3 0 0 0 5. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT TO SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO SHORTTERM RENTAL UNIT SITUATED 8 25 EAST PARK AVENUE APPLICANT BEING JONATHAN CLARK. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDCS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY. THE BOARD FINDS THAT THE REQUEST TO OPERATE AN ADDITIONAL SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY, OR WELFARE. AND THERE WAS NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY. B, THE SPECIAL EXEMPTION DOES NOT CREATE A PUBLIC NUISANCE. THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE A PUBLIC NUISANCE WOULD BE CREATED IF A ADDITIONAL SHORT-TERM RENTAL PERMIT WAS APPROVED. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY AND MULTIFAMILY STRUCTURES. THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE THAT IT WILL SUBSTANTIALLY INJURE NEIGHBORING PROPERTIES AS SHORT TERM AS A TYPE TWO SHORT-TERM RENTAL DE ADEQUATE UTILITIES ACCESS, ROAD STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FA UH, UH, FACULTIES HAVE BEEN, ARE BEING PROVIDED. THE SUBJECT PROPERTY PROVIDES OFF STREET PARKING AND APPEARS TO BE ADEQUATE UTILITIES ACCESS AND OPEN SPACE. EITHER APPLICANT OR OWNER FOR THE SPECIAL EXEMPTIONS DID NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES, CONFIRMED CITATIONS OR ADDITIONAL OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE, UH, 22 OF THE CITY CODE WITHIN ONE YEAR PRIOR TO THE DATE OF THE APPLICATION. UH, THE APPLICANT DID HAVE CONFIRMED CITATIONS, HOWEVER, THEY'RE CLOSED AND REMEDIED BY THE BOARD'S DECISION TODAY. F THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THIS DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO OTHER RESIDENTIAL, UH, WITH THE PROPERTY OWNER PROVIDING ALL STREET PARKING AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY. UH, THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE CENTRAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION AND A MOTION. SECOND. SECOND BY COMMISSIONER BARRINGTON. COMMISSIONER ZUNA. YEAH, SO I AM GOING TO BE IN SUPPORT OF THE MOTION AS RAD. UM, OBVIOUSLY THIS IS A UNIQUE SITUATION WHERE IT'S IN THE MIDST OF, UH, BOTH AN IDZ AND A VERY, UH, A DENSE RENTAL, UH, COMMUNITY WITH THE APARTMENTS LOCATED, UM, IN THE SURROUNDING AREA. ADDITIONALLY, THE, UH, THE NEIGHBOR THAT'S MOST AFFECTED BY THE SHORT-TERM RENTAL GAVE A LETTER OF SUPPORT. AND THIRD, THE OPPOSITION WE SAW FROM THE TOBIN HILL COMMUNITY WAS NOT SPECIFIC AS TO ANY OF THEIR, UM, UH, THEIR, UM, THEIR DISAGREEMENTS WITH THE, WITH THE VARI, WITH THE VARIANCE REQUESTS. IT WAS JUST MERELY A BLANKET, UH, KIND OF, KIND OF PROTECTING FUTURE, UH, UM, SHORT TERM RENTALS AND OTHER NEIGHBORS. BUT THIS TO ME IS NOT A COMMUNITY NEIGHBORHOOD. IT'S MORE OF A RENTAL, UM, MORE OF A, A INDU, NOT INDUSTRIAL, BUT MORE OF A BUSINESS TYPE NEIGHBORHOOD THAT I DON'T THINK HAS THE SAME FEEL AND EFFECT AS THE PREVIOUS CASES THAT WE SAW. SO I'M SUPPORTING IT. COMMISSIONER INGIN. YEAH, I AGREE. THIS IS JUST NOT GOING TO ALTER THE CHARACTER OF THE NEIGHBORHOOD. UH, IT, IT'S, UM, THERE'S JUST NO REASON NOT TO ALLOW IT IN MY VIEW. OKAY, THANK YOU. IS THERE ANY OTHER COMMISSIONERS YOU'D LIKE TO ADD? UH, I'M GONNA GO AHEAD AND CHIME IN. I USUALLY DON'T, BUT, UH, ON THESE SORT OF THINGS. BUT, YOU KNOW, THIS AREA IS HOT. A LOT OF PEOPLE WALKING AROUND, A LOT OF PEOPLE WANT TO COME THERE TO VISIT FOR A SHORT TERM, AND THIS IS ON THE CORNER. UM, AND WITH THE BIG APARTMENT GOING ACROSS THE STREET, I DON'T THINK THIS IS GOING TO AFFECT MUCH OF ANYTHING. SO I'LL BE IN SUPPORT, UH, WITH THAT. LET'S HAVE A ROLL CALL. VOTE. COMMISSIONER UNA? YES, I CONCUR. COMMISSIONER BURTON? YES, I CONCUR. COMMISSIONER STEVENS. I CONCUR. COMMISSIONER BARNES, I CONCUR. I OR GOMEZ, IVAN. I DO NOT CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER MANA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BEAVIS, I DO NOT CONCUR WITH THE FINDINGS OF THE FACTS. COMMISSIONER DEAN, I DO NOT CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. UM, MOTION FAILS. UH, 7 4 4 AGAINST. SO IF YOU HAVE ANY QUESTIONS, UH, YOU CAN GET WITH STAFF AND, AND THAT THEY CAN HOPEFULLY CAN HELP YOU OUT. ALL RIGHT, WITH THAT WE'RE GONNA MOVE ON TO ITEM NUMBER FOUR, SDRS TODAY. [01:15:12] GOOD AFTERNOON. MY NAME IS JOSEPH FLAS, SENIOR SHORT-TERM RENTAL PLANNER WITH DEVELOPING SERVICES. ITEM NUMBER FOUR IS LOCATED AT 9 1 3 LEO STREET, UNIT ONE AND IS REQUESTING A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK FACE. THE CURRENT ZONING IS R FOUR CD RESIDENTIAL SINGLE FAMILY WITH A CONDITIONAL USE FOR A DUPLEX. AND THE SUBJECT PROPERTY IS GENERALLY LOCATED ALONG LEO STREET SURROUNDING LAND. USES INCLUDE SINGLE FAMILY RESIDENTIAL. THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK PHASE PER THE CODE TYPE TWO SHORT-TERM RENTALS SHALL BE LIMITED TO NO MORE THAN ONE EIGHTH OR 12.5% OF THE TOTAL NUMBER OF SINGLE FAMILY DUPLEX, TRIPLE PLEX OR QUADPLEX UNITS ON THE BLOCK PHASE IN THIS CASE, THE BLOCK PHASE IS DEFINED AS THE WEST SIDE OF NORTH SAN JACINTO AVENUE BETWEEN THE SOUTHEAST CORNER OF MARTINEZ CREEK. THERE ARE A TOTAL OF 10 UNITS ON THIS BLOCK, PHASE TWO OF WHICH HAVE AN ACTIVE TYPE TWO SHORT-TERM RENTAL PERMIT, 9 1 3 AND 9 1 1 LEO STREET. BOTH OWNED BY THE SAME PROPERTY OWNER. CURRENTLY THE BLOCK FACE IS AT 20% AND IF APPROVED, THE BLOCK FACE WILL BE AT 30%. AND THIS IS AN ACTIVE LISTING. AND THIS WAS THE FLOOR PLAN THAT WAS SUBMITTED AT THE TIME OF THE APPLICATION. AND THEN THE NEXT COUPLE OF SLIDES, THIS THE SUBJECT PROPERTY ALONG WITH THE SURROUNDING AREAS. STAFF RECOMMENDS A DENIAL OF THE APPLICANT'S REQUEST FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK PHASE. SO THERE ARE 47 NOTICES SENT. ONE IN FAVOR, A ZERO IN OPPOSITION. WE HAD NO RESPONSE FROM THE GARDENDALE AND WEST END HOPE IN ACTION AND NEIGHBORHOOD ASSOCIATION AND SAN ANTONIO, TEXAS DISTRICT ONE RESIDENT ASSOCIATION OUTSIDE TWO ENT FEE, WE RECEIVED ONE IN FAVOR AND THEN THE SHORT TERM RENTAL ASSOCIATION OF SAN ANTONIO IS OPPOSED. THIS CONCLUDES STAFF'S PRESENTATION. STAFF IS AVAILABLE FOR QUESTIONS. THE APPLICANT IS PRESENT, AND THEN FINANCE IS ALSO PRESENT TO ANSWER ANY HOT RELATED QUESTIONS. CAN YOU CLARIFY NINE 11 AL 'CAUSE ON COSA ONE STOP, IT POPS UP AS A, AS A TYPE ONE, CORRECT? YES. SO ON THE ONE STOP MAP IT IS REFLECTED AS A TYPE ONE, WHICH IS A BLUE ICON. UH, BUT IT WAS REGISTERED AS A TYPE TWO. OKAY, THANK YOU. ALRIGHT, SO, UH, LET'S HAVE THE APPLICANT COME FORWARD PLEASE. GOOD AFTERNOON. UH, MY NAME IS ANTONIO PACHECO, MY WIFE OLIVIA PACHECO. AND, UH, WE ARE REQUESTING AN, UH, APPROVAL OF THIS, UH, SHORT TERM RENTAL. WE HAD ALREADY A, A PERMIT BUT EXPIRED AND, UH, WE ASKED THIS HONORABLE BOARD TO APPROVE IT. UH, WE'VE DONE A LOT OF GOOD TO THAT COMMUNITY EVER SINCE. UH, I'VE BEEN RENTING, UH, THIS PROPERTY THROUGH THE DIFFERENT PLATFORMS. THE COMMUNITY, THE, THE, THE STREET HAS IMPROVED. UH, WHEN I WAS RENTING IT TO A PARTICULAR PEOPLE, THE POLICE WAS ALWAYS THERE. UH, DRUG USERS WERE ALL THERE. I MEAN, THERE WAS A LOT OF TROUBLE IN, IN THE, IN THE STREET. AS SOON AS I TURNED IT INTO A A , I FIXED UP THE HOUSE. AS YOU CAN SEE, THE, THE VIDEOS, I MEAN THE PICTURES, IT WAS, UH, IT'S A GATED, IT HAS ELECTRIC GATE. I HAVE EIGHT CAMERAS. I HAVE A LOT OF LIGHTS AND, UH, THE NEIGHBORS ARE VERY HAPPY THAT, UH, THAT WAS TURNED INTO A A, AN AIRBNB RENTAL. AND I HAVE, I WENT THROUGH THE COMMUNITY. I HAD NO POSITION WHATSOEVER. RATHER I HAVE SOME, UH, GOOD COMMENTS AND, UM, THEY, UH, I WAS ABLE TO, UH, HAVE TWO OF MY NEIGHBORS, UH, FILL OUT THE, THEIR REQUEST, UH, UH, IF, UH, DENIAL OR IN FAVOR. I HAVE 'EM HERE. SO IF YOU YEAH, PLEASE GIVE THOSE TO STAFF. IN STAFF. CAN YOU, UH, LET US KNOW THE ADDRESSES ON THOSE, PLEASE? YES. UM, WE'VE BEEN PAYING THE TAXES, UH, AS, UH, THE LAW REQUIRES. UM, LIKE I SAY, IT'S A VERY PEACEFUL AREA NOW. YOU DON'T SEE THE POLICE AROUND ANYMORE. UH, ALL THE DRUG USERS LEFT. AND, UH, IN THE PAST, LIKE I SAID, I HAD A LOT OF PROBLEMS RENTING OUR PROPERTY TO PARTICULAR PEOPLE. AND, UH, I WOULD, UH, IT WOULD BE VERY, UH, FAILURE. IT WOULD BE CHAOTIC FOR ME TO GO BACK AND RENT IT TO PEOPLE, UH, TO RENT IT FROM ME. UM, SO I'M REQUESTING THIS BOARD [01:20:01] TO PLEASE, UH, UH, ALLOW US TO, UH, HAVE THIS PERMIT. THE, UH, THE, UH, ASSOCIATION THAT, UH, MR. JOSEPH REFERRED TO. YES. UH, HE PROBABLY HAS IT. I SEND IT TO HIM. UH, THEY SEND IT TO MY, UH, TEXT MESSAGE AND, UH, I SEND TO HIS, SEND IT TO HIS EMAIL. THE, UM, I WANNA READ TO YOU IF, UH, UNLESS IF HE HAS RECEIVED IT, IF HE WANTS TO READ IT, THEY DO NOT OPPOSE, THEY'RE IN FAVOR OF, UH, IMPROVING THE NEIGHBORHOOD. THE VICE PRESIDENT OF, UH, THIS, UH, DAY, UM, GARDEN DAY ASSOCIATION, MS. RAFAEL GARZA AND HIS WIFE, THE PRESIDENT, UH, MEDIUM GARZA, THEY'RE IN FAVOR AND THEY, THEY BACK UP THE PROJECT THAT WE ARE ARE DOING THERE. SO WE KEEP THE NEIGHBORHOOD CLEAN. I EVEN CUT THE GRASS FOR THE NEIGHBORS. IT'S VERY NICE AND CLEAN AND, AND, UM, WE, WE DONE A LOT OF IMPROVEMENT, IMPROVEMENT IN THAT, UH, IN THAT STREET. I DUNNO, MY WIFE WANTS TO SAY SOMETHING. OH, I JUST WANTED TO MAKE SURE THAT EVERYONE WOULD KNOW THAT WE DO TAKE THE TRASH OUT. WE MAKE SURE THAT IT GOES BACK IN, WE MAKE SURE WE PICK UP ALL THE PAPERS, ESPECIALLY DOWN THE STREET. UH, WE TRY TO MAINTAIN, AND I SEEM PRETTY FOR EVERYONE. UH, WE DO HAVE A, UM, ELECTRIC GATE SO PEOPLE CAN ALWAYS JUST COME IN WITH THE CODE. WE MAKE SURE THAT IT STAYS SAFE FOR EVERYONE. AND EVER SINCE WE'VE BEEN DOING THIS, WE DON'T HAVE PEOPLE WALKING DOWN THE STREET ANYMORE. WE DON'T SEE PEOPLE LEAVING BASKETS HERE AND THERE. SO WE ALSO TRY TO TAKE CARE OF THE NEIGHBORS. IF THEY LEAVE ANY TRASH OUT OR BUCK LIKE, UM, BOXES OR WOOD, STUFF LIKE THAT, MY HUSBAND GOES AND PICKS IT UP FOR THEM AND HE THROWS THINGS AWAY. SO WE JUST WANNA MAKE SURE THAT Y'ALL COULD JUST TAKE THIS IN CONSIDERATION. OKAY. UH, JUST TO CLARIFY, YOU HAVE A DUPLEX AND YOU, ARE YOU, YOU'RE CURRENTLY OPERATING ONE UNIT AS A TYPE TWO? UH, I HAVE THE PERMIT, YES. SO YOU, YOU'RE ASKING FOR THE SECOND UNIT AND THE SAME STRUCTURE? YES, SIR. OKAY. YES, SIR. MANNA COMMISSIONER MANNA. SO, AND MAYBE I'M JUST TRYING TO READ THROUGH THE DETAILS HERE, TRYING TO UNDERSTAND IT FULLY. SO IT SOUNDS, DID YOU HAVE TWO SHORT-TERM RENTALS ON THIS PROPERTY? YES. YES. AND THEN NOW, UM, IF I UNDERSTAND THE CITY CORRECTLY, THE NEXT DOOR PROPERTY WAS GRANTED A SHORT TERM RENTAL IN ERROR AND THEN NOW, UM, THERE'S MORE THAN PERMITTED ON THIS BLOCK. MM-HMM. AND SO THAT'S WHY THIS ONE'S COMING UP, RIGHT? YES, IT EXPIRES. SO WE WANNA RENEW IT. SO THIS ONE, I'M SORRY SIR, THIS ONE EXPIRED, UM, BACK IN FEBRUARY OF 2024, WHEN I WENT IN TO SUBMIT THE, UH, FOR THE PERMIT, WE GOT EMAILS FROM THE CITY OF SAN ANTONIO TELLING US WE'RE SORRY WE CANNOT GRANT YOU THIS PERMIT BECAUSE IT EXPIRED AND YOU'RE NOT ALLOWED TO HAVE A SECOND PERMIT. WE DIDN'T KNOW ANYTHING ABOUT THIS BECAUSE THEY'RE TELLING US, WELL, YOU ALREADY HAVE A PERMIT. AND WE DIDN'T KNOW THAT BACK THEN. I GUESS THAT TRANSITION WITH THE CITY, UH, EMPLOYMENT OR EMPLOYEES, THEY GRANTED THAT PERMIT. THAT'S WHY YOU PROBABLY SEE MORE THAN ONE. YES. SO, OKAY, SO I'M A LITTLE CONFUSED WITH, SO MAYBE THE CITY CAN HELP CLARIFY THIS AGAIN. SO, SO DID 93 OR OR NINE 13 HAVE TWO, UM, IN THE BEGINNING AND THEN NINE 11 WAS GRANTED? UM, IS, IS THAT THE, I GUESS TRY TO FIGURE OUT WHAT THE SCHEDULE IS OR WHAT THE, WHAT THE TIMEFRAME IS? SO LET'S, SO THE FIRST PERMIT THAT WAS ISSUED FOR A TYPE TWO SHORT TERM RENTAL WAS 9 1 1 LEO. UH, SOON AFTER THAT, THE PROPERTY OWNER APPLIED FOR 9 1 3 LEO IN UNIT TWO, THAT'S GONNA BE THE BUILDING IN THE REAR. UH, THAT ONE WAS ISSUED IN ERROR BECAUSE IT EXCEEDED THE DENSITY LIMITATION. NOT THAT ONE. LET ME, LET ME ASK THE QUESTION A DIFFERENT WAY. AT ANY TIME DID THE TWO UNITS AT NINE 13 LEAL HAVE A TYPE TWO SHORT-TERM RENTAL? UM, NO. THE ONLY, THE ONLY PERMIT THAT HAD A TYPE TWO WAS NINE 13 LEAL FOR THE UNIT TWO, WE HAVE NO RECORD OF NINE 13 AL FOR UNIT ONE. UM, WE DID FIND THAT THERE WAS A PERMIT, UM, IN BACK IN 2021 FOR 5 2 6 DEYA. AND IT LOOKS AFTER FURTHER REVIEW THAT, UH, FOR 5 2 6 DEIA APPLICATION AND THEN NINE 13 LI UNIT ONE WAS SUBMITTED UNDER THAT ONE, UH, YOUR APPLICATION FOUR FIVE TO SIX DEIA, BUT IT WAS NEVER FOUND. SO THERE WAS NEVER A PERMIT ISSUED FOR THAT NINE 13, THE OUT UNIT ONE ONLY FOR FIVE TO SIX DEIA. SO THERE WAS NO RECORD OF IT. WHEN THEY MENTIONED THE RENEWAL, THERE WAS NO RE THERE WAS NO APP, THERE WAS NO PERMIT ON FILE FOR NINE 13? YEAH, FOR THE UNIT ONE. OKAY. UM, , SORRY. SO THERE WAS AN APPLICATION THAT WAS UNDER A DIFFERENT ADDRESS, BUT IT INCLUDED THEIR ADDRESS, CORRECT? I BELIEVE, YEAH. CORRECT. SO THEY, THEY SUBMITTED IT, THEY SUBMITTED TWO APPLICATIONS UNDER ONE ADDRESS AND ONLY UNDER FIVE TO SIX DEIA. AND THAT WAS THE PERMIT THAT WAS ISSUED. THEY DIDN'T, STAFF DID NOT CATCH THAT THEY SUBMITTED A SECOND APPLICATION FOR THAT SAME ADDRESS [01:25:01] FOR A DIFFERENT PROPERTY. OKAY. UM, MY WIFE IS THE ONE THAT, DO YOU ALLOW HER TO GO AHEAD, , WE UNDERSTAND IT. THERE'S A LOT OF CONFUSION. EVEN US, WE DID SUBMIT A PERMIT FOR 5 26 THAT WENT THROUGH THEN WHEN THE ONE FOR 9 1 3, THE FRONT HOUSE, WE CALL IT THE FRONT HOUSE, BUT THEY PUT DOWN UNIT ONE. THAT ONE EXPIRED ON FEBRUARY OF 2024. THAT IS THE PERMIT THAT WE'RE TRYING TO HAVE A SPECIAL ONE, BUT IT DID HAVE A PERMIT AND IT WAS OPERATED UNDER THE PERMIT. WE EVEN TOOK IT OFF THE WALL BECAUSE NOW THEY'RE TELLING US THERE'S NO SUCH THING AS A PERMIT. SO, AND, AND TO MAKE THIS EVEN MORE INTERESTING, I KNOW, SO NINE 13 HAD A PERMIT. YES. AND THEN NINE 11 CAME IN. CORRECT? NINE 11 CAME IN ON SEPTEMBER 21ST, 22, AND IT WAS ISSUED IN ERROR. WE DID INFORM THEM THAT WE WILL LET THEM LIVE OUT THE LI THE LET THEM LIVE OUT THE PERMIT TO NOVEMBER 28TH, 2025. BUT AT THE TIME UPON RENEWAL, THEY NEEDED TO COME IN FOR A SPECIAL EXCEPTION. SO STAFF DOESN'T AUTOMATICALLY JUST TAKE THEM AWAY? THEY, THEY'LL, YOU'LL LET 'EM RIDE IT OUT IF THERE WAS A STAFF ERROR? YES. WE LET THEM LIVE OUT THAT PERMIT. OKAY. UM, AND, AND WHEN, WHEN THEY DO EVENTUALLY APPEAL TO US TO BE THERE, IS THAT, DO THEY GET ANY CONSIDERATION FROM STAFF IF THEY'VE BEEN OPERATING FOR THE LAST THREE YEARS? IS THAT, I'M, I'M TRYING, BECAUSE YOU KNOW, WE HAVE ALL THESE DIFFERENT THINGS THAT WE USE TO, TO, TO USE AS A GUIDE IS WHETHER WE, UM, YOU KNOW, LOOK AT THIS FAVORABLY OR NOT FAVORABLY AND, AND I'M NOT HEARING ANY, I'M NOT HEARING ANY COMPLAINTS AT ALL. I'M HEARING THERE MIGHT BE SOME ADDRESSING, UH, ISSUANCES AND, AND I'M JUST, I'M JUST TRYING TO GET A HANDLE ON THE INTERESTING CONVERSATION THAT'S GONNA HAPPEN IN THE NEAR FUTURE. BUT, UH, UM, IF THIS, IF THIS APPLICANT WERE TO BE GIVEN THEIR PERMIT TODAY, DOES THAT MEAN THAT WHEN THEIR FIRST UNIT THAT'S CURRENTLY PERMITTED EXPIRES, WOULD THEY HAVE TO COME BACK OR ARE THEY GRANDFATHERED IF THEY WANT TO CONTINUE A TYPE TWO? SO THE FIRST, THE FIRST PERMIT THAT CAME IN FOR NINE 11, AL BUILDING ONE, THAT WAS THE FIRST UNIT ON THAT BLOCK FACE. AND SO THEY HAVE NET MET THE DENSITY, AND THEN FOR NINE 13, AL THE ONE THAT WAS ISSUED AN ERROR, SINCE THEY DIDN'T GO TO GET GRANITE SPECIAL EXCEPTION, WHEN THEY RECEIVED THAT PERMIT BACK IN 2022, WE WERE TELLING THEM UPON RENEWAL THAT THEY WOULD NEED TO GET THAT GRANT, THAT SPECIAL EXCEPTION FROM THE BOARD. SO, SO THEY'RE NINE 13? CORRECT. FOR NINE 13 UNIT ONE, THE FRONT HOUSE. SO THEY WILL, NO MATTER WHAT HAPPENS, IF WE GRANT THIS TODAY, THERE IS NO, THEY'RE ALWAYS GONNA HAVE TO GET A SPECIAL EXTENT. THEY'RE NEVER GRANDFATHERED CORRECT. FOR EITHER UNIT? CORRECT? YEAH. OKAY. YOU'RE RIGHT ABOUT WHAT YOU JUST SAID. MM-HMM, AND MR. CHAIR, THE DISCRETION THAT STAFF GAVE WAS FOR THE PERMIT THAT WAS ISSUED IN ERROR. OKAY. UM, NOW SINCE THE PERMIT IS NOW, UM, EXPIRED, THEY NOW HAVE TO COME HERE IN ACCORDANCE WITH THE REGULATION PROCESS. OKAY. SO, AND, AND MANNA, SO JUST READ THIS, THE THIRD BULLET HERE, NINE 11 WAS APPROVED ERROR. THAT'S, THAT'S INCORRECT THEN THAT, THAT'S IT. BECAUSE THAT'S WHERE, I GUESS I'M CONFUSED. 11 WAS AN ERROR. YES. NINE 11 AL WAS ISSUED AN ERROR. SO WE'VE ALREADY NOTIFIED THE APPLICANT THAT WHEN THEY COME TO RENEW, THEY WOULD HAVE TO APPLY FOR A SPECIAL EXCEPTION. OKAY. NOW, OKAY. OKAY, HOLD ON A SECOND. SO NINE, WHO HAS THE, THE, THE MAGIC PERMIT THAT'S GOING TO BE THERE IN CONTINUITY? ONE OF THEIRS. NINE 13 AL, UNIT TWO. UNIT TWO. OKAY. YES. SO THEY'RE ALWAYS GONNA BE OKAY IF THEY AS LONG, IF AS LONG AS THEY CONTINUE OPERATING AND PAY THEIR HOT TAXES, THEY WILL REMAIN. YES. OKAY. I THINK I HAVE A BETTER, INTERESTING. IS THERE ANY OTHER COMMISSIONER QUESTIONS? COMMISSIONER DEAN? NO. ALRIGHT. UM, IS THERE ANYONE SIGN, WE'RE GONNA SEE IF THERE'S PUBLIC COMMENTARY AND WE'LL ASK REBUTTALS. IS THERE ANY VOICE? SO MORE QUICK. SO, SO, UM, SO FOR UNIT ONE, SO UNIT TWO HAS BEEN A SHORT-TERM RENTAL FOR QUITE SOME TIME APPARENTLY, AND YOU'VE BEEN SUCCESSFUL THERE AND, AND MADE CHANGES AND SO, SO HAVE, HAVE MADE THE COMMUNITY BETTER, SO, WHICH IS WONDERFUL NEWS. UM, AND, AND SO, SO THIS REQUEST IS FOR THE FRONT PART. HAS THAT BEEN EVER USED AS A SHORT-TERM RENTAL? AT THIS POINT? WE, WE WERE AUTHORIZED. WE HAD THE PERMIT. UH, THEY ISSUED THE PERMIT. THAT'S WHY WE NEED, IT'S AN EXPIRED, WE WANNA RENEW IT. BUT WE HAVE NEVER BEEN OPERATING ILLEGALLY OR WITHOUT A PERMIT. THEY, THE, THE CITY GOT A PERMIT, BUT THE ADDRESSING WAS DIFFERENT. AND SO IN THEORY THEY DON'T HAVE A PERMIT, BUT THEY THOUGHT THEY DID OKAY OR THINK THEY DID. SO IS THERE ANY, UH, PUBLIC COMMENTARY? YES, WE HAVE TWO VOICEMAILS AND THEN WE HAVE A SPEAKER. LET'S HEAR THE VOICEMAILS FIRST AND THEN WE'LL HAVE THE SPEAKER COME UP. MY NAME IS MARIELLA GARZA. I AM PRESIDENT OF THE GARDENDALE NEIGHBORHOOD ASSOCIATION [01:30:01] FOR BO OA DASH 24 DASH 1 0 3 0 0 3 3. WE ARE IN FAVOR. GARDENDALE NEIGHBORHOOD ASSOCIATION SPOKE TO PROPERTY OWNER AND RESIDENTS IN THE SURROUNDING 200 FEET OF THE PROPERTY AND LEARN OF THE CHANGES AND IMPROVEMENTS MADE THAT HAVE IMPROVED THE SURROUNDING AREA IN OUR EFFORTS OF SPEAKING WITH THE COMMUNITY RESIDENTS AND OWNER, IT WAS NOTED THAT CHANGES AND IMPROVEMENTS MADE ARE IN LINE WITH MAINTAINING GROWTH AND SAFETY FOR OUR COMMUNITY. YES. THIS IS JR EIGHT 11 OW STREET SEVEN EIGHT TWO OH SEVEN. UH, PHONE NUMBER (210) 723-4334. THIS IS FOR CASE BO. 8 2 4. UH, ACTUALLY I THINK I GOT THE WRONG ONE. THIS IS FOR 1 0 3 0 0 0 3 3. UM, THIS SHOULD BE FOR 9 1 3 AL STREET UNIT. ONE SPECIAL, SPECIAL, UH, EXCEPTION TO ALLOW AN ADDITIONAL TYPE TWO STR PERMIT ON THE BLOCK FACE. UH, THAT'S, UH, PROPERTY OWNER HAS DONE A LOT OF GOOD FOR THAT SHORT BLOCK THERE ON THE 900 BLOCK OF AL. THAT'S ONE BLOCK OVER FROM, UH, MY BLOCK WHERE I LIVE. AND, UH, ACTUALLY IT'S JUST RIGHT NEXT TO MY BLOCK. AND, UH, YEAH, NEIGHBORS OVER THERE SAY THAT THEY'VE DONE A GOOD JOB OF CLEANING UP THE AREA AND CLEANING UP THEIR PROPERTY. AND, UH, THE KIND OF NEIGHBOR, UH, BUSINESS ACTUALLY, 'CAUSE THEY DON'T LIVE THERE. IT'S THE KIND OF BUSINESS THAT WE WOULD APPRECIATE IN OUR AREA, PEOPLE THAT ARE DOING GOOD FOR THE AREA AND, UM, THAT I AM IN FAVOR OF, UH, LETTING THE OWNER GO AHEAD AND, UH, ADD THE EXTRA UNIT PERMIT. THANK YOU. ALL RIGHT. AND THEN WE HAVE SOMEONE SIGN HER TO SPEAK, CORRECT? UH, MS. OPHELIA ZLA, SHE'LL BE COMING TO THE PODIUM. SO IF THE APPLICANT WANTS TO SIT DOWN, YES. UM, WE'LL ASK YOU TO COME BACK UP AFTER WE HEAR FROM THE SPEAKER. UH, I DID NOT READ THE, UH, COMMENT OF, UH, MR. GARZA, GARZA THAT THEY'RE IN FAVOR. WOULD YOU LIKE ME TO READ IT OR WE WILL LET YOU DO IT AFTER WE HEAR FROM, UH, THE CITIZENS I SPEAK. OKAY. MISS, IF YOU COULD TELL US YOUR NAME AND TELL US WHAT YOUR THOUGHTS. YES, MY NAME IS ELIA VALLA, AND I WAS BORN AND RAISED IN THAT BLOCK, THE 900 BLOCK OF AL. I'VE ALWAYS LIVED ON 9 0 7 AL AND IT'S ALWAYS BEEN A RESIDENTIAL, UH, FAMILY ORIENTED, UH, NEIGHBORHOOD. AND, UM, I WOULD LIKE TO KEEP IT LIKE THAT BECAUSE, UM, S STS ST THEY'RE TAKING OVER EVERYWHERE. THEY JUST SEE A VACANT HOUSE, OLD VACANT HOUSE, GO PURCHASE IT, AND THAT'S THE FIRST THING THEY DO. I UNDERSTAND THAT THAT'S A, A INCOME FOR THEM, BUT WE WOULD LIKE TO KEEP THE OLD NEIGHBORHOOD WHERE CHILDREN CAN PLAY OUTSIDE WITHOUT HAVING TO WORRY WHO'S COMING IN, WHO'S COMING OUT, AND, UH, PEOPLE HANGING AROUND. AND THAT'S NOT, THAT'S NOT TRUE. THE NEIGHBORHOOD IS NOT CLEAN. THOSE HOUSES ARE BEING SOLD AND THERE'S DRUGS ALL OVER THE BLOCK, PEOPLE COMING IN AND OUT. AND FOR A DEAD END STREET, YOU KNOW, IT'S ONLY, IT'S A DEAD IN STREET AND THERE'S TOO MUCH TRAFFIC. SO, UH, UH, SHORT TERM RENTALS ARE NOT HELPFUL. OKAY, THANK YOU VERY MUCH. OKAY, THANK YOU. LET'S HAVE THE APPLICANT COME BACK FORWARD. MAY I, MAY I ASK SOMETHING CHAIR? YES. UH, I'M, I'M STILL A LITTLE CONFUSED ABOUT THE NINE 13 PROPERTY WITH AND, AND UNIT ONE AND UNIT TWO, UH, YOU MENTIONED UNIT ONE. IS THE FRONT HOUSE, IS THE BACK HOUSE AN ADDITIONAL, UH, DWELLING UNIT OR IS IT ATTACHED TO UNIT ONE OR IS IT A DUPLEX? I DIDN'T KNOW THAT. IT'S A DUPLEX. IT D IT IS DIFFERENT. UH, NINE 13, UH, IS, UH, THE HOUSE NUMBER ONE IS THE BLUE HOUSE. IN THE BACK OF THE HOUSE, THERE'S, UH, THE, UH, UNIT TWO, IT'S AN APARTMENT, VERY NICE APARTMENT, A DUPLEX. AND ON THE RIGHT HAND SIDE IS, UH, NINE 11 AL THAT'S A WHOLE HOUSE. AND UH, I DUNNO IF I'M ALLOWED TO NOW SAY, UH, UM, WHAT I WANNA SAY ABOUT THE NEIGHBORHOOD OR DID YOU GET YOUR QUESTION ANSWERED? UM, NO, BECAUSE, UM, SO THE BACK HOUSE IS NOT ATTACHED TO THE HOUSE, IT'S NOT ATTACHED. SO IT IS, IT IS NOT A DUPLEX, IT, IT IS ANOTHER APARTMENT. AN ADDITIONAL DWELLING UNIT. YES. IN THE BACK? YES. OKAY. YES, BECAUSE, UM, ACCORDING TO OUR ORDINANCE, UM, YOU'RE NOT, NOT ONLY IS IT BLOCK FACE, STR TWOS, ONE PER BLOCK FACE, AND I KNOW THERE WAS AN ERROR, BUT THERE'S ALSO NOT ALLOWED TO HAVE ADU ADDITIONAL DWELLING UNITS IN THE BACK USED S STR TWOS. SO I JUST WANT ARE COMMISSIONERS TO BE AWARE OF THAT IN THE ORDINANCE. [01:35:01] WE WERE ASKING, UH, UH, HOLD ONE SECOND, SIR. UH, SO FOR STAFF, UH, DOES THAT, DOES THAT CHANGE, UM, HOW THEY'RE BEFORE US TODAY IF THEY'RE APPEALING A, A, A, A SEPARATE PROVISION OTHER THAN THE, THE PERCENTAGE ACCOUNT THAT THEY'RE, THAT THEY'RE USING IN A DDU AS A STR, IS THAT, DOES IT HAVE TO BE READVERTISED? UH, NO, MR. CHAIR, WE CAN CLARIFY THAT FOR NINE 13, THEY HAVE A, A CONDITIONAL EXCEPTION FOR A, A DUPLEX AT THAT PROPERTY. SO IT'S A TWO UNIT ZONING IS ALLOWING IT? CORRECT. OKAY. SO I NEED CLARIFICATION AGAIN. SO WHAT YOU'RE SAYING IS FOR NINE 13, THE FRONT HOUSE AND THE BACK APARTMENT, YOU'RE, THEY ARE ALLOWED TO HAVE THAT? YES. THEY RECEIVED A CD FOR A DUPLEX AT THAT PROPERTY. THE CITY IS CONSIDERING THE, THAT HOUSING AS A DUPLEX? CORRECT. OKAY. OKAY. IT IS ZONED THAT WAY. IT IS ZONED THAT WAY. YES, MA'AM. ALRIGHT, SO WE HAVE, WE'RE GONNA COME BACK TO YOU. OKAY. YOU WANTED TO MAKE A STATEMENT ABOUT, UH, SOME SUPPORT THAT YOU HADN'T MENTIONED BEFORE? YES, SIR. MY HUSBAND, MY HUSBAND'S GONNA READ AN EMAIL FROM A GENTLEMAN THAT SENT AN EMAIL, BUT I JUST JUST WANTED TO LET YOU KNOW A LITTLE BIT ABOUT THE PEOPLE THAT COME IN TO, UM, STAY AT THOSE PLACES. THERE ARE PEOPLE FROM ALL OVER THE COUNTRY. I MEAN, THEY'RE NOT JUST FROM THE UNITED STATES, THEY COME FROM ALL OVER THE PLACE. AND THESE, UH, PEOPLE, GUESTS THAT COME IN, THEY'RE SCREENED AND THEY'RE JUST NOT ANYONE THAT COMES OUT TO CAUSE ANY KIND OF HARM. SO THEY'RE GOOD PEOPLE. WE MAKE SURE THAT THAT IS ESTABLISHED WHEN THEY FIRST START, WHEN THEY FIRST BOOK, THEY HAVE TO FOLLOW THE HOUSE RULES. SO THE HOUSE RULES HAVE TO GO BY WHAT WE TELL THEM. THEY HAVE TO REMAIN QUIET AFTER 10 O'CLOCK AND THEY KNOW THAT. SO WE DO HAVE GOOD PEOPLE COMING TO THE, UH, TO THE S STRS. OKAY. YES. I, I WOULD LIKE TO ADD SOME, UH, UH, A, A BIT, UH, WHAT MY WIFE IS SAYING, UH, REALLY THE PEOPLE THAT, UH, ARE DEAR LADY NEIGHBOR IS, UH, REFERRING TO ARE RENTERS THAT ARE TROUBLEMAKERS. AND THAT'S EXACTLY WHAT WE, UH, ARE AVOIDING BRINGING, UH, COMMERCE TO, UH, THAT MAKE TROUBLE IN THE COMMUNITY. THERE WAS THERE A LOT OF DRUGS, A LOT OF, UH, TROUBLEMAKERS, UH, MUSIC, REALLY LOUD MUSIC AT NIGHT. AND ACTUALLY WE DOING GOOD TO THE, TO THE COMMUNITY. UH, NOW CHILDREN CAN PLAY IN THE STREET BEFORE THEY COULD NOT PLAY IN THE STREET. UH, THE PEOPLE THAT COME FROM, UH, TO STAY THERE, THEY, THEY, THEY HAVE COME FROM ENGLAND, THEY HAVE COME FROM JAPAN, FROM CHINA. THEY HAVE COME FROM ALL OVER THE WORLD TO STAY THERE. DECENT PEOPLE. WE'RE DOING A LOT OF GOOD TO THAT COMMUNITY. SO, UH, UH, ACTUALLY THE, THE, THE NEIGHBORS ARE VERY THANKFUL THAT WE ARE THERE. AND, UH, I HAVE, UH, THE COMMENT THAT, UH, THE LEADERS, THE PRESIDENT AND THE VICE PRESIDENT OF THE ASSOCIATION SAY, AND, UH, YEAH, THERE'S, WE HAVE AN EMAIL FROM, UM, RAPHAEL GARZA. OH, YOU HAVE IT? OH, OKAY. IT'S ON OUR SCREEN. WE CAN ALL SEE IT. SORRY. SO I CAN READ IT SO I DON'T HAVE TO READ IT THEN. BUT, UH, THEY'RE DOING VERY GOOD COMMENTS AND THEY DO NOT OPPOSE. OKAY. SO LET'S SEE IF THERE'S ANY ADDITIONAL QUE ANY OTHER QUESTIONS FOR THIS APPLICANT? UM, YEAH. YES, MR. BARTON. UH, I JUST WANT TO EXPLAIN WHY I CAN'T SUPPORT YOUR APPLICATION. I APPRECIATE THE FACT THAT YOU'VE BEEN A RESPONSIBLE OWNER AND YOU'VE DONE THE BEST YOU CAN TO IMPROVE THE NEIGHBORHOOD, BUT I CAN'T GET PAST THE PROBLEM THAT YOU'VE ALREADY BUSTED THE LIMIT, THE DENSITY LIMIT ONCE AND YOU'RE GONNA HAVE TO COME BACK FOR A SPECIAL EXCEPTION WHEN THAT PERMIT EXPIRES. UH, SO IN EFFECT, YOU'RE ASKING FOR A SECOND SPECIAL EXCEPTION TODAY. UH, ALTHOUGH THAT'S NOT TECHNICALLY WHAT YOU'RE DOING AND I JUST CAN'T GET PAST THE PROBLEM OF, UH, INCREASING THE DENSITY OF SDRS ON THE BLOCK BY THAT MUCH. STAND THAT. OKAY. ALL RIGHT. UM, ANY OTHER QUESTIONS? MANNA COMMISSIONER MANNA? SO, SO JUST, JUST A POINT OF CLARIFICATION FOR MY FELLOW COMMISSIONER THERE. SO AS I UNDERSTOOD IT, SO, UM, SO JUST, AND I DON'T DISAGREE WITH YOUR POSITION BY THE WAY, BUT, UM, THEY ARE PERMITTED, THEY WERE THE FIRST ONES ON THE BLOCK, AND SO THEY, THEY'RE BACK, NUMBER TWO IS PERMITTED AND SO THEY WON'T BE COMING BACK ON THAT. THE SECOND ONE NEXT DOOR WAS ONE THAT PUT THEM OVER EXCESS ON THAT BLOCK FACE. AND SO, SO THAT'S THE ONE THAT'S GONNA COME BACK THAT WILL HAVE TO BE REVIEWED. AND THIS IS THE THIRD ONE. AND SO, UM, SO, SO, SO JUST SO, SO, SO THEY WEREN'T OFFERED THE FIRST ONE IN ERROR. IT WAS TRULY THEY WERE PERMITTED BY RIGHT FOR THAT, FOR THAT ONE. AND SO THAT'S WHY, UM, YOU KNOW, THEY WERE PERMITTED THE SECOND ONE IN ERROR. YEAH. YEAH, I DON'T THINK WE HAVE ANY REAL DISAGREE. OKAY. OKAY. SO WITH THAT, UM, IF THERE'S NOTHING ELSE, [01:40:01] I THINK WE SHOULD GO TO A MOTION SOMEONE COULD LIKE TO, ONE LAST THING, IF I MAY, I WOULD PREFER FOR THEM TO ISSUE THE PERMIT FOR THE MAIN HOUSE THAN FOR THE LITTLE APARTMENT IF THEY CAN, IF THEY ONLY ALLOWED TO ISSUE ONE PERMIT, THAT IS SOMETHING YOU CAN DISCUSS WITH STAFF. BUT, UM, AND JUST OUT OF, FOR OUR BOARD'S KNOWLEDGE, WHEN THEY'RE, WHEN THEY'RE GRAND, WHEN THE ORIGINAL ONE THAT COMES UP, ARE THEY ALLOWED TO SWITCH IT ON THE SAME PROPERTY TO ONE OF THE OTHER STRUCTURES AND, AND NOT LOSE THAT, YOU KNOW, FIRST ONE STATUS? SO IT WOULD DEPEND. SO THEY WOULD HAVE TO POTENTIALLY, IF THIS ONE, IF THEY WOULD HAVE TO CANCEL THAT FIRST ONE AND THEN REAPPLY TO A DIFFERENT PROPERTY, BUT THEN WE'D HAVE TO BASE IT OFF IF THERE'S BEEN A DENSITY LIMITATION. YEAH. SO THEY AT THAT POINT, YEAH, YOU'RE, YOU'RE, YOU'RE KIND OF STUCK WITH IT THEN. MM-HMM. APOLOGIZE. SO WITH THAT, LET'S HAVE A MOTION PLEASE. ANYONE, CRUZ COMMISSIONER CRUZ, REGARDING CASE NUMBER BO A 24 1 0 3 0 0 0 3 3, I MOVE AS A BOARD OF ADJUSTMENT GRANT, A SPEC SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO SHORT-TERM RENTAL UNIT SITUATED NINE 13 LEAL STREET, APPLICANT BEING ANTONIO PACHECO. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WILL RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY. THE BOARD FINDS THAT THE REQUEST TO OPERATE AN ADDITIONAL SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY OR WELFARE. THERE IS NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT TERM RENTAL VERSUS A LONG TERM RENTAL AT THIS FACILITY. BE THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE. THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE A PUBLIC NUISANCE WOULD BE CREATED IF AN ADDITIONAL SHORT TERM RENTAL PERMIT WAS APPROVED. THREE. THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE NEIGHBORING PROPERTIES CONSIST OF A SINGLE FAMILY STRUCTURES. THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WILL SUBSTANTIALLY ENDANGERING NEIGHBORING PROPERTY AS A TYPE TWO SHORT-TERM RENTAL. THE ADEQUATE UTILITIES ACCESS, ROAD STORM, DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FA FACILITIES HAVE BEEN OR ARE BEING PROVIDED. THE SUBJECT PROPERTY PROVIDES ALL STREET PARKING, APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE. E THE E THE APPLICANT OR OWNER FOR THE SPECIAL EXCEPTION, DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT TERM RENTAL LICENSES. CONFIRM CITATIONS OR ADJUDICATED OFFENSES CONVENTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 12 OF THE CITY CODE WITHIN ONE YEAR PRIOR TO THE DATE OF THE APPLICATION, THE APPLICANT DID NOT HAVE CONFIRMED CITATIONS, HOWEVER, ARE CLOSED AND ARE BEING REMEDIED BY THE BOARD'S DECISION TODAY. F THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SAW. THE SUBJECT PROPERTIES LOCATED IN CLOSE PROXIMITY TO OTHER RESIDENTIAL PROPERTIES WITH THE PROPERTY OWNER PROVIDING OFF STREET PARKING AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY. THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL. ALRIGHT, IS THERE A SECOND? SECOND, SECOND. SECOND BY COMMISSIONER MANNA. COMMISSIONER CRUZ? UM, YES, I DON'T SEE A PROBLEM WITH THIS. I WOULD, UH, APPROVE THIS COMMISSIONER MANNA. SO I I WILL, UM, UM, NOT BE IN FAVOR OF THIS AND, AND SIMPLY, UM, BECAUSE IF, WHEN THE SECOND ONE CAME UP, I PROBABLY BE, WOULD'VE BEEN THINKING ABOUT SHOULD I BE APPROVING THE SECOND ONE ON THIS BLOCK FACE AND LIKELY WOULD NOT HAVE. AND SO TO HAVE A THIRD ONE ON THIS BLOCK FACE, UM, YOU KNOW, TO ME IT JUST STARTS TO PUT, UM, THE NUMBERS OUT OF OUTTA SORTS FROM MY PERSPECTIVE. UM, SO, SO I WILL NOT BE VOTING PAPER. ANY OTHER COMMISSIONERS LIKE TO ADD DEAN, COMMISSIONER, DEAN? I FIND IT HARD TO BELIEVE THAT ST ARE ELIMINATING DRUG ISSUES, SO I WON'T BE IN FAVOR FOR THAT. I THINK IT'S MORE USEFUL FOR AFFORDABLE HOUSING AND, UH, MAYBE LONGER TERM RENTAL. UH, SO I'LL, UH, WON'T BE IN SUPPORT OF THIS [01:45:01] OVER. ALRIGHT, ANYONE ELSE HEARING NOW THAT'LL HOW WE JUST BENNETT? COMMISSIONER BEEZ? UH, I'M IN FAVOR. I WILL BE IN FAVOR OF THIS. UM, I BELIEVE THAT, UM, THE APPLICANTS HAVE DONE, UM, WELL FOR THEIR, FOR THEIR COMMUNITY AND THEIR, AND THEIR BLOCK AND I, UH, I I THINK THAT, UM, THEY'VE HELPED ELIMINATE, UM, ANY OF THE BAD, YOU KNOW, USERS IN THAT AREA BY, BY, BY BY ALLOWING, UM, TOURISM AND, UM, RENOVATING THEIR PROPERTIES FOR THEIR, FOR THEIR GUESTS. SO I'LL BE IN FAVOR OF IT. ALRIGHT. ALL RIGHT. ANYONE ELSE? HEARING NONE? HAVE A ROLL CALL, VOTE PLEASE. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER MANA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARTON? NO, I DO NOT. CONCUR. COMMISSIONER STEVENS? I DO NOT CONCUR. COMMISSIONER IVANEZ? I DO NOT CONCUR. COMMISSIONER EZ? I DO NOT CONCUR. COMMISSIONER BEAVIS? I CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER UNA? YES, I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION FAILS FIVE TO SIX. UM, SO IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF ABOUT WHAT, UH, TO DO NEXT OR WHAT YOUR NEXT STEPS ARE, UM, THEY CAN TALK TO YOU OUTSIDE. ITEM NUMBER SIX, CAN I MAKE ONE LAST COMMENT? UH, NO SIR. IT OVER? YEAH, IT'S OVER. OKAY. OKAY, COOL. IS THIS FROM THE APPLICANT OR STAFF? YES. OKAY. WE'RE NOT SEEING YOUR PRESENTATION. WE HAVE OUR OWN PRESENTATION, RIGHT? UM, THIS IS WHAT'S, IS THIS THEIRS OR BECAUSE I DIDN'T SEE ONE IN THE DRIVE. HEY, DO I GET ONE? DOES THIS LOOK LIKE THIS IS SOMETHING COLTON, YOUR MICROPHONE IS ON? NO, IT'S OKAY. PRETTY BIG. YEAH. FULL SIZE BY 17. IS EVERYTHING OKAY? YEAH, EVERYTHING'S GREAT. . OKAY. IT'S JUST, UH, THERE'S A PRESENTATION ALSO BY THE OFFICE OF HISTORIC PRESERVATION, BUT THAT'LL GO AFTER I READ THIS INTO THE RECORD FOR YOU GUYS. OKAY. ALRIGHT. SO BO OA 24 1 0 3 0 0 0 3 5 IS A REQUEST, UH, FOR AN APPEAL OF THE HISTORIC PRESERVATION OFFICER'S DENIAL OF THE WHOLESALE REPLACEMENT OF EXISTING ONE OVER ONE WOOD WINDOWS ON THE PROPERTY. AND TO MODIFY THE EXISTING FENESTRATION PATTERN, STAFF RECOMMENDS THAT THE BOARD OF ADJUSTMENT UPHOLD THE HISTORIC AND DI RE AND DESIGN [01:50:01] REVIEWS COMPLIANCE AND TECHNICAL ADVISORY BOARDS AND THE HISTORIC PRESERVATION OFFICER'S DENIAL WITH A CERTIFICATE OF APPROPRIATENESS FOR THE WHOLESALE REPLACEMENT OF THE PROPERTIES WOOD WINDOWS AND MODIFICATIONS TO THE EXISTING FENESTRATION PATTERN. SO THAT BEING SAID, THIS IS LOCATED AT 5 0 4 NORTH HACKBERRY STREET AND WE INVITE, UM, THE OFFICE OF HISTORIC PRESENT, UH, PRESERVATION TO GIVE THEIR PRESENTATION. ALRIGHT, HELLO AND THANK YOU FOR HAVING US HERE. MY NAME IS BRIAN MORALES WITH THE OFFICE OF HISTORIC PRESERVATION. I AM THE ONE OF THE OFFICES HISTORIC PRESERVATION SPECIALISTS AND I'M HERE TO TALK ABOUT 5 0 4 NORTH HACKBERRY STREET. AS YOU CAN SEE UP ABOVE ON THE TICKER IT SAYS TO ENABLE AND STUFF. SO WE'RE JUST TRYING TO BE ABLE TO MOVE THE, THE SLIDES FOR YOU GUYS. SO IF YOU JUST GIVE US A MINUTE, WE'LL OPEN ANOTHER VERSION OF IT SO THAT IT'LL ALLOW US TO DO THAT. OKAY? OKAY. SO I WOULD LIKE TO GO THROUGH THE CASE HISTORY, UM, PRETTY QUICKLY. SO BEGINNING IN JANUARY 15TH, 2024, THE APPLICANT SUBMITTED AN APPLICATION FOR WINDOW REPAIRS STATING THAT REPAIR WOULD BE DONE IN KIND, UM, ON JANUARY 18TH, 2024, OHP ISSUED AN ADMINISTRATIVE APPROVAL FOR WOOD WINDOW REPAIR IN KIND WITH THE FOLLOWING STIPULA STIPULATIONS THAT NO MODIFICATIONS TO THE EXISTING WINDOW OPENINGS OR SASHES TO BE TAKE TO TAKE PLACE. SASHES MAY BE REMOVED FROM THE FRAMES TO MAKE REPAIRS. ELEMENTS SUCH AS RAILS THAT ARE ROTTEN OR MISSING MAY BE REPLACED WITH NEW SOLID WOOD ELEMENTS TO MATCH THE EXISTING IN KIND REPAIRS ONLY. AND GLASS SHOULD FEATURE A CLARITY COMPARABLE TO THE EXISTING, UM, INTENDED GLASS SHOULD NOT BE USED. SO, UM, MR. GONZALEZ, WHENEVER HE SUBMITTED HIS APPLICATION, UH, FOR REPAIR OF THE STRUCTURE, UM, AGAIN REQUESTED THAT THESE REPAIRS BE DONE IN KIND AND OHP ISSUED THAT APPROVAL. UM, ON FEBRUARY 5TH, 2024, STAFF OBSERVED WORK OCCURRING ON THE PROPERTY WITHOUT A CERTIFICATE OF APPROPRIATENESS AND BEYOND PRIOR APPROVALS. AFTER CONTACTING THE PROPERTY OWNER AND CONFIRMING SCOPES OF WORK, STAFF ISSUED A STOP WORK ORDER ON THE SAME DAY. VIOLATIONS INCLUDED THE REPLACEMENT OF THE ORIGINAL PORCH STEPS, THE REPLACEMENT OF ORIGINAL PORCH DECKING, REAR DOOR REPLACEMENTS, SKIRTING REPLACEMENT, CHIMNEY AND WOOD WINDOW REMOVAL, DORMER VENT INSTALLATION, AND FENESTRATION PATTERN MODIFICATIONS, INCLUDING THE REMOVAL AND MODIFICATION OF WINDOW OPENING SIZES. UM, AND THEN FINALLY, FEBRUARY 23RD, 2024, THE HISTORIC AND DESIGN REVIEW COMPLIANCE AND TECHNICAL ADVISORY BOARD DENIED THE APPLICANT'S REQUEST FOR WHOLESALE REPLACEMENT OF THE ONE OVER ONE WOOD WINDOWS ON THE PROPERTY AND TO MODIFY THE EXISTING FENESTRATION PATTERN PER HISTORIC DESIGN GUIDELINES. CHAPTER TWO, GUIDELINES FOR EXTERIOR MAINTENANCE AND ALTERATIONS. SECTION SIX ARCHITECTURAL FEATURES, DOORS, WINDOWS, AND SCREENS. UM, OHP STAFF HAS PROVIDED SOME BEFORE, UH, PHOTOS OVER TO THE LEFT AND THEN RIGHT PHOTOS ON THE FOR AFTER. UH, SO YOU CAN SEE THE PHOTO ON THE RIGHT. UM, THE DECORATIVE WOOD WINDOWS FACING NORTH HACKBERRY STREET HAD BEEN REMOVED. UM, ALSO TWO STAFF WOULD LIKE TO POINT OUT THAT THE, YOU COULD SEE HERE THAT THE, UM, THAT THE WINDOW OPENINGS HAVE ALSO BEEN MODIFIED. AGAIN, OVER ON THE LEFT IS BEFORE PHOTOS. UM, HERE ON THIS, UH, UM, ELEVATION OVER HERE TO THE RIGHT, YOU SEE, UM, EIGHT WINDOW OPENINGS THERE. UM, THE PHOTOS TO THE RIGHT UNDER THE AFTER SECTION ONLY SHOW FIVE, THIS ONE'S A LITTLE HARDER TO SEE, BUT UNDERNEATH THE, UM, UNDERNEATH THE, UH, GABLE SECTION RIGHT THERE OVER TO THE LEFT, UH, THERE WAS TWO WINDOWS THERE. AND CURRENTLY THERE'S ONLY ONE WINDOW. UM, AND THESE ARE O PS, UH, APPLICABLE CITATIONS. UM, THEY ALSO INCLUDE, UH, OR THEY INCLUDE OUR CITATIONS THAT WE CITED TO THE HISTORIC DESIGN [01:55:01] REVIEWS, COMPLIANCE AND TECHNICAL ADVISORY BOARD. AND THESE ARE SOME OF THE FINDINGS THAT WE'VE ALSO MENTIONED IN OUR TIMELINES, INCLUDING THE SITE VISIT VIOLATIONS, ADMINISTRATIVE SCOPES OF WORK AND WINDOW REPLACEMENT, THEIR EXISTING CONDITIONS, AS WELL AS, UM, SOME DISCUSSION ABOUT, UH, WASTE AND LIFESPAN ENERGY EFFICIENCY MAINTENANCE. UM, BUT THEN FINDINGS A THROUGH K OR I THROUGH K, UH, DETAILED, THE SPECIFIC FENESTRATION OPENING MODIFICATIONS THAT OCCURRED ON SITE. UM, THOSE INCLUDE, UM, THE RESIZING OF WINDOWS. IT INCLUDES THE REMOVAL OF WINDOW OPENINGS, IT INCLUDES THE MOVING OF WINDOW OPENINGS AS WELL. OHP STAFF RECOMMENDATION TO THE BOARD OF ADJUSTMENT. UM, SO THE OFFICE OF HISTORIC PRES PRESERVATION STAFF DOES NOT RECOMMEND APPROVAL OF THE APPEAL STAFF RECOMMENDS THAT THE BOARD OF ADJUSTMENT UPHOLD THE HISTORIC AND DESIGN REVIEW COMPLIANCE AND TECHNICAL ADVISORY BOARDS AND THE HISTORIC PRESERVATION OFFICER'S DENIAL OF A CERTIFICATE OF APPROPRIATENESS FOR THE WHOLESALE REPLACEMENT OF THE PROPERTIES WOOD WINDOWS AND MODIFICATION TO THE EXISTING FENESTRATION PATTERN. THIS IS PART THE REST OF OUR PRESENTATION. SO THERE WERE 31 NOTICES MAILED, THEN WERE RECEIVED IN FAVOR AND THEN IN OPPOSITION, DIGNITY HILL NEIGHBORHOOD ASSOCIATION IS, UH, IS OPPOSED AND THERE'S ONE OPPOSED OUTSIDE OF 200 FEET. AND THEN, UH, YOU COULD SEE THOSE RESPONSES ON THE NEXT COUPLE OF SLIDES. SO IF YOU GUYS COULD SCROLL THROUGH THOSE. GREAT. SO JUST A CLARIFICATION QUESTION, UM, IS, ARE THE BURGLAR BARS PART OF HISTORIC IN ANY WAY? UH, BURGLAR BARS ARE, UM, TEND TO BE INSTALLED, UM, USUALLY FORTIES, FIFTIES, SIXTIES, SEVENTIES, UM, OHP, UH, OR THE OFFICE OF HISTORIC HISTORIC PRESERVATION CAN ADMINISTRATIVELY APPROVE THE REMOVAL OF BURGLAR BARS. IT DOES NOT NEED OR REQUIRE COMMISSION REVIEW. OKAY, I JUST WANTED TO MAKE SURE. ALL RIGHT, GREAT. LET'S COMMISSIONER MANON. SO QUESTION, UM, SO WHEN, SO WHEN AN APPLICANT COMES IN TO, TO MAKE A REQUEST FOR, I LIKE THIS, SO JANUARY 15TH AND SIXTH OR 18TH, SO, SO THERE'S A DIALOGUE THAT HAPPENS AND IS THERE, IS THERE PAPERWORK ASSIGNED OR SIGNED AND, AND ACKNOWLEDGED BETWEEN THE TWO PARTIES JUST TO SAY THAT HERE'S WHAT WE'RE TALKED ABOUT AND HERE'S WHAT WE'RE COMMITTING TO? OR IS IT, OR IS IT VERBAL DIALOGUE? BRIAN, I CAN ANSWER THAT. UM, SO THE PROCESS IS THE APPLICANT SUBMITS AN APPLICATION FOR THE SCOPE OF WORK THAT THEY WANT TO PURSUE. IN THIS CASE, THE APPLICANT INITIALLY INDICATED INTENT TO REPAIR ALL OF THE HISTORIC WOOD WINDOWS ON THE STRUCTURE. UM, HE DID NOT HAVE APPROVAL FOR REPLACEMENT OF THE WOOD WINDOWS. UH, STAFF REVIEWED IT. THAT'S SOMETHING THAT STAFF APPROVES ADMINISTRATIVELY WITHOUT REVIEW BY OUR PUBLIC COMMISSION. 'CAUSE IT'S GENERAL REPAIRS SCOPE OF WORK, UM, BUT THE APPLICANT WITHOUT APPROVAL BY, UM, OUR OFFICE, UH, REMOVED AND REPLACED WINDOWS. THANK YOU FOR CLARIFYING ON, ON THAT NOTE. UH, IS THERE A, IS THERE A PERMIT ISSUED FOR THE REPAIR OR IS IT OR NOT? YES, THAT'S A HANDLED THROUGH BUILD ESSAY. OKAY. COMMISSIONER ZUNA. RIGHT. AND MY QUESTION IS PRETTY MUCH ALONG THE LINES, BUT WHEN YOU SAY THE IN KIND IS THAT MEANING A ONE FOR ONE? LIKE IF THEY'RE BASICALLY YOU GOTTA REPAIR THE WINDOW THAT'S THERE EXISTING AND YOU CAN'T LIKE CONCEAL A WINDOW THAT'S HAD BEEN THERE PRIOR, IS THAT, I'M JUST LOOKING FOR THAT DEFINITION OF IN KIND. CORRECT. SO IN KIND REPAIR WOULD BE, UM, YOU KNOW, IF YOU HAVE LIKE A WINDOW GLASS PANE THAT'S BROKEN, UM, STAFF WOULD SUPPORT, YOU KNOW, REPLACING THAT. IF YOU HAVE ANY TYPE OF WOOD MEMBERS OF THE, UH, WINDOW ITSELF, UM, THAT IT'D BE REPLACED WITH A SIMILAR MATERIAL OR THE SAME MATERIAL AND THE SAME PROFILE, UH, WHERE WE WOULD RUN INTO COMPLICATIONS IS IF THAT, IF THE WINDOW IS, UM, GREATER THAN 50% DETERIORATED, UM, IT DOES REQUIRE THAT STAFF MAKE A SITE VISIT TO ASSESS THE CONDITION. THEN IT DOES THEN REQUIRE REVIEW BY ONE OF OUR PUBLIC COMMISSIONS. I HAVE A QUESTION. YES. IN THE PHOTOGRAPHS, THE WINDOWS LOOK LIKE THEY'RE METAL. UM, WAS THAT THE CASE IN, IN THIS, IN THIS HANDOUT? UM, WERE THE, THOSE METAL ARE THOSE METAL WINDOWS THAT WE SEE IN THE PHOTOGRAPH? UM, OHB HAS NOT REVIEWED THE APPLICANT HANDOUT THAT Y'ALL HAVE IN YOUR, UM, IN YOUR HANDS, BUT THE WINDOWS HERE SHOWN TO THE LEFT ARE WOOD WINDOWS. OH, HERE WE GO. OKAY. SO THE METALS SHOWN IN THESE DOCUMENTS ARE THE, UH, BURGLAR BARS. UH, SO THEY ARE NOT A PART OF OIC WINDOWS. THERE'S, THERE'S A METAL FRAMED WINDOW ON THE, IT LOOKS LIKE FRAME LOOKS, THE PHOTOGRAPHS LOOK LIKE METAL, NOT THE WIND. YEAH, IT LOOKS LIKE THE, THE, THE REDDISH PART IS WOOD, BUT THEN THERE'S THE WINDOW ITSELF IS, LOOKS, [02:00:01] APPEARS METAL. SO THIS IS PART OF OH P'S TYPICAL REVIEW. WHEN, WHEN THIS IS JESSICA FROM OHP, AGAIN, I DON'T THINK I INTRODUCED MYSELF. JESSICA ANDERSON, SENIOR HISTORIC PRESERVATION SPECIALIST WITH OHP. UM, PART OF THE ISSUE HERE IS THAT WHEN AN APPLICANT REQUESTS WHOLESALE WINDOW REPLACEMENT, AS BRIAN MENTIONED, PART OF THAT PROCESS IS STAFF GOING OUT ASSESSING CONDITIONS AND ALSO MATERIALS OF WINDOWS. AND IN THIS CASE, BECAUSE THE APPLICANT REQUESTED REPAIR, WE WERE NEVER GIVEN THAT OPPORTUNITY. UM, THERE ARE WINDOWS THAT WERE CLEARLY, UH, BASED ON PREVIOUS CONDITIONS WOULD WINDOWS, BUT IF THERE ARE WERE EXISTING ALUMINUM WINDOWS, THEY WOULD'VE BEEN ELIGIBLE FOR A PLACEMENT. BUT AGAIN, STAFF DIDN'T HAVE THE OPPORTUNITY TO REVIEW THAT BECAUSE THEY WERE REMOVED WITHOUT REVIEW. OKAY. UH, SO BEFORE WE GO BACK AND FORTH FOR TOO LONG, I'D LIKE TO HEAR FROM THE APPLICANT AND, AND DEPENDING ON WHAT THE APPLICANT SAYS, THEY MAY HAVE TO HAVE A REVISIT WITH, UH, OHB POSSIBLY. GOOD AFTERNOON. YES, SIR. YEAH, NOW GOOD AFTERNOON, WE CAN HEAR ME. MY NAME IS EDDIE BRANICK, I REPRESENT THE APPLICANT, RICHARD GONZALEZ. UM, I WASN'T SURE THE EXACT STEPS TO GO THROUGH HERE. SO, UH, THE EVIDENCE WE'D BE PRESENTING TODAY, UM, WAS THAT THE ORIGINAL METAL WINDOWS, WHEN I SAY ORIGINAL, LIKE YOU WERE SAYING 40, 50, 60 SEVENTIES, I DON'T KNOW WHEN THE WOOD SASH WINDOWS WERE REPLACED, SORT OF UNKNOWABLE. BUT WHAT MR. GONZALEZ DID IS THOUGHT HE COULD REPLACE THE, EXCUSE ME, REPAIR THE METAL WINDOWS. AND THEN WHEN HE WAS TRYING TO REPAIR THE METAL WINDOWS, HE WAS NOT ABLE TO. AND SO, UM, OUR, OUR DISAGREEMENT WAS IS THAT HE DOES, THE ORIGINAL WINDOWS ARE NOT AROUND. I MEAN THE, WHEN THEY DISAPPEARED, I DON'T KNOW. AND THE LAST ATTACHMENT YOU SEE TO THAT IS THE WINDOWS THAT HE WISHES TO PUT IN THERE, WHICH ARE AS CLOSE TO AN ORIGINAL TYPE OF WINDOW YOU CAN GET. UM, SO, UH, PARDON ME, MR. CHAIRPERSON, I DON'T KNOW THE PROPER PROCEDURE FOR THIS. AND WE'RE NOT LOOKING TO SANDBAG ANYONE, AMBUSH ANYONE, WE'RE TRYING TO GET A FAIR RESULT. SO YOU TELL ME IF THE RIGHT MOVE IS THAT WE NEED TO GO BACK WITH STAFF, SHOW THEM THESE PICTURES OF THE METAL, WHAT WE BELIEVE WITH THE METAL WINDOWS, WE'RE HAPPY TO DO THAT. WE ALSO HAVE THE, UH, REAL ESTATE AGENT THAT CAN TESTIFY THAT THEY WERE METAL WINDOWS. SO LET'S, LET'S JUST, UH, LET'S HAMMER THIS OUT A LITTLE BIT. OKAY, SO YOU'RE HERE FOR TWO REASONS. UH, THE REPLACEMENT IS, IS, UH, STAFF FEELS THAT IT ISN'T WHAT HISTORICALLY WAS THERE, BUT THERE'S ALSO A REMOVAL OF WINDOWS, RIGHT? AND SO IS THIS, THIS APPEAL IS REALLY FOR THOSE TWO BIG TICKET ITEMS IS, SO FOR OHP, IS THERE, IS IT MORE APPROPRIATE FOR THIS APPLICANT TO GO BACK AND, AND SHOW THE EVIDENCE THAT THEY HAVE AND TRY TO, AND TRY TO GET THIS DOWN TO SOMETHING DIFFERENT IF, IF WE HAD EVIDENCE? SO IT, IT'S CLEAR TO OHP, IF YOU LOOK AT THE WINDOWS ON THE SCREEN, THESE ARE HISTORIC WOOD WINDOWS. THE WAY THAT THE LIGHTS ARE DIVIDED, THAT'S AN HISTORIC CHARACTER DEFINING FEATURE OF THE HOUSES, WHICH IS WHY WE WOULDN'T HAVE LIKELY APPROVED REPLACEMENT WITH, UH, A WINDOW THAT DOESN'T EMULATE THAT STYLE. UM, THE HDRC HAS ALREADY MADE ITS, UH, RECOMMENDATION TO THIS PROPERTY OWNER, UM, REGARDING WHAT APPROPRIATE REPLACEMENT WOULD BE FOR ALL THE WINDOWS ON THE HOUSE. BUT, UM, I THINK IT'S UP TO BE, SO THEY'RE ALLOWED TO PUT METAL WINDOWS BACK IN THEN? NO. MAYBE IF THEY CAN SHOW HAD METAL WINDOWS BEFORE, METAL WINDOWS MIGHT BE APPROPRIATE. IF THERE ARE, UM, MAYBE, UH, OLDER ADDITION OR ADDITIONS TO THE HOUSE OR, UM, PART OF THE ISSUE AGAIN IS THAT WE DIDN'T HAVE THE OPPORTUNITY TO REVIEW WHERE THE METAL WINDOW WAS LOCATED. UM, I CAN TELL YOU, LOOKING AT THESE PHOTOS, THE PREVIOUSLY EXISTING WINDOWS WERE NOT ENTIRELY ALUMINUM SASH WINDOWS. UM, THE ONES ESPECIALLY ON THE FRONT, THOSE ARE HISTORIC WOOD SASH WINDOWS. IN THIS PHOTO ON THE LEFT, UM, I DON'T KNOW WHERE THE ALUMINUM WINDOWS WERE INSTALLED BECAUSE WE DIDN'T GET INFORMATION ABOUT THE PREVIOUS CONDITIONS. SO THERE ARE SOME PROBLEMS THAT APPLICANT HAD, RIGHT? I MEAN, IF HE HAD TO DO OVER AGAIN, HE WOULD'VE CALLED HISTORIC OUT THERE, VERIFIED ALL THESE ISSUES, DEALT WITH IT ON THE FRONT END. AND UH, A LOT OF TIMES I DEAL WITH DISASTERS AS A LAWYER. SO I I I HAVE TO TRY TO FIGURE OUT MY BEST WAY TO PUT IT TOGETHER AGAIN. BUT WE HAVE TESTIMONY HERE FROM THE REAL ESTATE AGENT WHO DID SEE WHO YOU CAN MAKE YOUR OWN JUDGMENT AS TO CREDIBILITY. AND IF YOU WISH TO ASK MR. GONZALEZ THAT WHAT STAFF IS SAYING IS INCORRECT, UH, WHICH IS THESE WERE NOT HISTORIC WOOD WINDOWS. AND TO STAY THAT YOU CAN LOOK FROM 200 FEET UNTIL TELL WHAT IS HISTORIC WOOD WINDOW AND WHAT ISN'T IS JUST A BUNCH OF BUNK. AND, AND I I, THAT'S NOT MEANT AS DISRESPECT. THAT JUST MEANT AS THE TRUTH. I LIVE IN A HISTORIC HOUSE. UM, PERSONALLY, I HAD A NUMBER OF PEOPLE CAME OUT AND GAVE ME ALL DIFFERENT ANSWERS ABOUT WHETHER THEY WERE HISTORIC. UM, AND, AND YOU JUST CAN'T TELL IT FROM 200 FEET. YOU HAVE TO GET CLOSE AND EXAMINE IT. I'M NOT SAYING THAT THERE ISN'T A CASE TO BE MADE, YOU'RE GONNA HAVE TO HEAR THE TESTIMONY IF THEY WON'T WORK WITH US. BUT WE HAVE THE TESTIMONY HERE TODAY OF THE REAL ESTATE AGENT THAT WAS INVOLVED WITH THE SELLING OF THE HOUSE, THAT ALL THE WINDOWS HE SAW WERE METAL, NOT, THERE WEREN'T ANY HISTORIC WINDOWS THAT HE SAW [02:05:01] THAT WERE OF THE TYPE, AND HE KNOWS OF THE TYPE, THE ONES WITH THE SASH, THEY ALL HAVE THE LONG LEAF PINE IF THEY'RE IN DEEP DECENT CONDITION, I GET IT. THE, THE WOOD IS MUCH HIGHER QUALITY THAN YOU GET TODAY. UM, BUT YOU KNOW, IT'S LIKE FRANKENSTEIN. YOU CAN'T, YOU CAN'T PUT HUMPTY DUMPTY BACK TOGETHER. I MEAN, WHEN THESE WINDOWS WERE REPLACED, OUR, OUR COMPLAINT IS THAT THEY WERE REPLACED A LONG TIME AGO. THEY WERE NOT REPLACED WITH HISTORIC WOOD WINDOWS. EXCUSE ME. THEY WERE NOT REPLACED MOSTLY WITH WOOD WINDOWS AND THE ONES THAT THEY WERE REPLACED WITH OR EITHER METAL OR OF A DIFFERENT WOOD TYPE. SO I, I MEAN, I THINK WE MIGHT JUST HAVE TO GO BASED ON WHETHER YOU BELIEVE THE TESTIMONY OF THE REAL ESTATE AGENT AND MR. GONZALEZ. UM, OBVIOUSLY HE'D DO IT DIFFERENT IF HE HAD TO DO OVER AGAIN, BUT I MEAN, IT'S THE NATURE OF THAT'S WHY WE'RE HERE. SO, OKAY. SO IS THERE ANY COMMISSIONER QUESTIONS REGARDING WHAT WE'VE HEARD SO FAR? STEVEN, BRUCE? UH, UM, I'VE GOT A QUESTION FOR STAFF ON THE PICTURE THAT THEY'RE SHOWING NOW ON THE LEFT HAND SIDE THAT SAYS HISTORIC CONDITIONS. DO YOU KNOW HOW LONG AGO THAT PICTURE WAS TAKEN OR? I BELIEVE THAT WAS A PHOTO THAT WAS SUBMITTED AS PART OF THE APPLICATION FOR REPAIR OF THE WINDOWS. OKAY, SO BRIAN, BRIAN'S COMING UP TO CORRECT ME. OKAY. YEAH, SO THAT IS A PHOTO TAKEN FROM GOOGLE STREET IMAGES OR STREET VIEW, WHICH IS OKAY. WHICH WAS HOW LONG BEFORE THEY STARTED WORKING ON THE WINDOWS? I BELIEVE 2022. SO PROBABLY ABOUT A YEAR AND A HALF, TWO YEARS AGO. SO THAT WAS THE CONDITION OF THE HOME BEFORE THEY STARTED WORKING ON IT, CORRECT? CORRECT. ALRIGHT, THANK YOU. ALRIGHT, COMMISSIONER STEVES, UH, JUST LOOKING AT THE SOUTH FACADE OF THIS BUILDING, NOT ONLY WERE WINDOWS REPLACED, BUT THE OPENINGS WERE MODIFIED, RIGHT? SO IT'S A DIFFERENT SIZE OPENING REDUCTION OF WINDOWS. CAN YOU SPEAK TO THAT? WELL, SO NOW I MAY HAVE TO BRING, CAN YOU HEAR ME NOW? I'M SORRY. IT WAS UNCLEAR. SO, WHICH IS THE SOUTH SIDE, DO, CAN YOU, UM, IF WE'RE LOOKING, GOING UP THE STEPS, CAN YOU, THE SIDE LOT, THE SIDE LEFT, LIKE AT THE DRIVEWAY. SO RICHARD, CAN YOU SPEAK TO THAT? DID YOU, WHAT DID YOU DO OR NOT DO? YEAH, I'M SORRY. IT'S THE, IT IS THE SAME SIZE. THE ONLY THING IS WE, UM, WE HAD A STOP WORK ORDER, SO WE HAVEN'T PUT AT THE, ALL THE SIX WINDOWS OR WHATEVER'S ON THAT SIDE. UM, THAT'S WHERE WE'RE AT AT THE MOMENT. UH, THAT WAS A STOP WORK ORDER THAT WE DID HAVE, UH, HISTORIC, UM, PRESERVATION. PEOPLE STOPPED BY, LOOKED AT THE LOCATION, LOOKED AT THE WINDOWS, AND AT THAT MOMENT, UH, DIDN'T, DIDN'T TELL US ANYTHING. THEY TOLD US THE, THE WINDOW THAT WE'RE PUTTING IN, UH, QUALIFIED, WHICH IS THE WINDOW THAT'S AT, ON THE LAST PAGE OF THE, THE PACKET WE GIVE YOU. SO ANSWER HIS QUESTION YES, ANSWER HIS ANSWER THE SIZE. THAT'S WHAT HE'S TRYING TO ASK. YEAH, THEY LOOK LIKE SIGNIFICANTLY SHORTER WINDOWS TO ME. IT, IT, IT'S, IT IS THE SAME SIZE. YEAH. WE'RE JUST STILL MISS MISSING INSTALLATION OF A COUPLE OF 'EM. AND, AND COMMISSIONER, WHAT MIGHT, IF YOU LOOK AT THE, THE PICTURE BEFORE, CAN YOU SEE THE SKIRTING? THAT SEEMS A LITTLE LARGER. THAT'S WHITE. WHERE, AND THEN THE, YOU SEE THE WOOD, THAT'S A SORT OF, I DON'T KNOW WHAT COLLAR TO CALL THAT. A A A, A LIGHT BROWN, A PINK, SOME MIX IN BETWEEN. UM, I, I THINK WHAT THE OPTICAL OF IT THAT MAY PLAY PART A ROLE IS THAT THEY'VE CLEANED THE BRUSH AND, AND I MEAN, I DON'T KNOW, I DIDN'T DO THE WINDOW INSTALLATION MYSELF, BUT IF YOU REMOVE THE SKIRTING AND MAKE IT ALL WOOD, IT COULD LOOK DIFFERENT. UM, AND THEN THERE'S THERE'S STILL A MODIFICATION OF THE OPENING THOUGH, RIGHT? I MEAN THERE'S, IF WE GO BACK TO THE, THE OTHER, CAN WE GO TO THE OTHER IMAGE? SO I SEE SIX WINDOWS IN THE ORIGINAL, AND I DON'T SEE SIX WINDOWS IN THE, THE ALTERED FACADE. SO MY CLIENT WAS ATTEMPTING TO SAY IS HE HAS NO COMPLAINTS ABOUT THE FENESTRATION PATTERN ITSELF. IN OTHER WORDS, HE WAS ISSUED A STOP WORK ORDER, SO HE DIDN'T INSTALL THE ADDITIONAL WINDOWS. HE HAD TO MAKE THE FE FENESTRATION PATTERN THE SAME. AND HE IS WILLING TO DO THAT. HE HAS NO COMPLAINTS ABOUT DOING THAT. HE, HE'S SIMPLY ARGUING THE WOOD VERSUS METAL. UM, AND SO IF THAT WAS NOT CLEAR, AND I'M SORRY I DIDN'T GET A CHANCE TO GET IT ALL OUT THERE. HE'S NOT OBJECTING TO THE FENESTRATION PATTERN REQUIREMENT, BUT HE HASN'T DONE THAT BECAUSE THEY SAID STOP. SO HE STOPPED AND THERE WERE TWO OTHER, UM, ITEMS. THIS MAY BE MINOR, BUT THE CHIMNEY AND THE PORCH THAT HISTORIC, UM, ALSO ASKED HIM TO DO, AND, AND HE DID AND IS COMPLETED BECAUSE HE DOES WANNA MAINTAIN THE HISTORICAL NATURE OF THE HOUSE. AND, AND I MEAN, I GET THE, I'M TRYING TO DO THINGS RIGHT, IS NOT A REASON TO APPROVE OR NOT, BUT SAYING HE'S DONE THINGS WRONG. SO I WANT TO SAY THAT THINGS HE'S DONE RIGHT TOO. WELL, LET'S, LET'S TALK ABOUT WHAT HAPPENS, UH, WHERE WE'RE AT RIGHT NOW. RIGHT NOW WE HAVE AN APPEAL. UH, OHP HAS GIVEN US A LIST OF ITEMS, UM, THAT, THAT ARE, THAT ARE IN CONTEST. IF THIS APPEAL, AS TODAY GETS GRANTED, WHAT HAPPENS FOR THE BENEFIT OF THIS COMMISSION? CAN [02:10:01] STAFF, UH, EXPLAIN LIKE IF THE APPEAL IS GRANTED, DOESN'T IT GO BACK TO OHP? NO. UM, IF THE APPEAL IS GRANTED, YOU'RE SAYING THAT HE IS ABLE TO DO THE SCOPE OF WORK HE'S ASKING TO DO, OKAY. SO, WHICH IS A INSTALLATION OF ALUMINUM WINDOWS AND THEN MODIFICATIONS OF FENESTRATION PATTERNS ACROSS THE HOUSE. SO WOULD IT BEHOOVE THE COMMISSION TO HAVE THIS, I HATE TO KEEP CONTINUING THINGS, BUT WOULD IT BEHOOVE THE COMMISSION TO HAVE THIS GO BACK TO OHP SO THAT, THAT, THAT IF THEY CAN REMOVE SOME OF THE OBJECTIONABLE ISSUES AND HAVE THE APPEAL EITHER NOT BE WARRANTED OR, OR, OR JUST BE MORE LIMITED TO SOMETHING INSTEAD OF THE NUMBER OF THINGS WE'RE SEEING? THAT'S WHAT I'M THE ONLY TWO ITEMS THAT ARE HERE BEFORE BOA TODAY ARE THE WINDOW MATERIAL TYPE AND THE CHANGES TO FENESTRATION PATTERNS. WELL, BUT SEE, WHEN WE GRANT AN APPEAL, WE, I DON'T THINK WE'RE ALLOWED TO PUT CONDITIONS ON THE APPEAL. WE EITHER GRANT THE APPEAL OR WE DON'T. BUT THOSE ARE THE ONLY TWO ITEMS THAT ARE UP FOR APPEAL TODAY. EXCEPT THE, THE, OUR, THE APPLICANT IS SAYING HE'S, HE DOESN'T HAVE AN ISSUE WITH FENESTRATION ISSUE. HE, HE DOES HAVE AN ISSUE WITH THE METAL WINDOW AND DOES WELL, HOW DO WE SEPARATE THAT WITHOUT IT BEING CONTINUED AND COMING BACK? OR MAYBE IT'S A, A, A, A QUESTION FOR OUR ATTORNEY. CAN WE, CAN WE, IF WE APPROVE AN APPEAL, CAN WE REMOVE ITEMS FROM THE APPEAL? THAT AND, AND LIKE THE ATION ISSUE, MR. CHAIR, MAY I SAY ONE THING OR DO YOU WANT ME, I WANT TO HEAR THIS, SIR. YES, I UNDERSTAND. I IS THE APPLICANT WITHDRAWING THAT PORTION OF THE APPEAL? SO WOULD YOU, WOULD YOU BE WILLING, AS AT THE STAND TO WITHDRAW THE FENESTRATION PORTION OF THE APPEAL? YES. OKAY, THEN, SO WE, THE A SO THEN THEREFORE THAT IS SO, UH, NOTED IN THE, UH, MINUTES THAT THE FENESTRATION ISSUE WOULD BE REMOVED AND NOT NO LONGER IN CONTENTION. CAN I JUST ASK A POINT OF CLARIFICATION? I, I'M NOT USED TO BOA GOING THIS WAY, SO I JUST WANNA MAKE SURE THAT THE APPLICANT THEN UNDERSTANDS HE WOULD HAVE TO RETURN ALL OF THE WINDOW FENESTRATION AND TO THE PREVIOUSLY EXISTING SIZES ACROSS ALL ELEVATIONS THE SAME SIZE AND LOCATIONS, RIGHT. AND LOCATIONS. AND LOCATIONS. I MEAN, IT'S THE SAME SIZE, ISN'T IT? YEAH. SO, SO I MEAN, THE APPLICANT DOES UNDERSTAND THAT, BUT PART OF MR. CHAIR, PART OF MY, MY DIFFICULTY IS, IS I'M COMING IN LATER. WHEN I WAS YOUNGER, I ENJOYED FIGHTING WITH PEOPLE MORE. AS I GET OLDER, I DON'T THINK THAT TALKING ABOUT ISSUES IS THE WORST THING ON THE FACE OF THE EARTH. AND OFTEN, STRANGELY ENOUGH, I'M ABLE TO RESOLVE ISSUES TO EVERYONE'S SATISFACTION. I WANT OHP TO HEAR FROM THE REAL ESTATE AGENT. I WANT TO GATHER EVIDENCE BECAUSE I WANNA CONVINCE THEM. UH, AND I UNDERSTAND THE LACK OF TRUST THAT WHAT WAS HERE WAS REALLY WOULD, UH, EXCUSE ME, UH, METAL WINDOWS. AND I WANT TO TRY TO COME TO AN AGREED THING WHERE WE CAN PROVIDE THE QUALITY AND THE STANDARD THAT THEY WANT IN AN ATTEMPT TO DO THINGS RIGHT. AND MAYBE I'M A FOOL FOR TRYING TO MAKE PEOPLE HAPPY, BUT YOU KNOW, A LOT OF TIMES I'M ABLE TO SETTLE MY DIFFERENCES. AND SO TO THE PART OF WHAT I WOULD SAY TO THE COMMISSION IS, TO THE EXTENT THAT YOU RECALL IT, I, I'M, I'M NOT FOR DOING EVERYTHING, BUT I DO BELIEVE IN TRUE DIALOGUE. UM, AND PERHAPS I WILL BE PROVEN A FOOL IN DOING THAT, BUT I, I LIKE TO COME IN FRONT OF YOU AND ASK WHAT I THINK IS FAIR AND WHAT MIGHT BENEFIT ALL PARTIES. SO ONE, ONE THING I HEARD FROM OHP WAS, UM, BECAUSE WORK WAS DONE, THE, THE METAL WINDOW ISSUE IS, IS NO LONGER ON THE TABLE. IS THAT CORRECT? THE REQUEST IS FOR REPLACEMENT OF WOOD WINDOWS WITH WOOD WINDOWS. THAT'S WHAT THEIR REQUEST WAS. SO I MEAN, IF WE, IF THEY WERE TO GO BACK AND, AND, AND TALK TO Y'ALL, DISCUSS AND, AND PROVIDE ADDITIONAL EVIDENCE, WHAT COULD POTENTIALLY COME OUT OF THAT IF, IF B OF A CHOSE TO, UH, DENY THEIR REQUEST FOR APPEAL TODAY, STAFF WILL CONTINUE TO WORK WITH THEM TO FIND A PRODUCT THAT'S APPROPRIATE FOR THE WINDOWS. UM, AND ALSO TO DISCUSS, UH, YOU KNOW, POSSIBLE, UM, APPROVAL OF ANY FENESTRATION CHANGES THAT THEY WANT TO PROPOSE. UM, WE'RE GLAD TO WORK WITH THEM IF TO FIND A, A CONFORMING SOLUTION TO, TO THE ISSUES. AND MR. CHAIR, JUST TO CLARIFY, STAFF'S RESPONSIBILITY IS JUST FOR COMPLIANCE, RIGHT? SO, UM, ARE, SO WOULD YOU LIKE A CONTINUANCE TO DISCUSS FURTHER, OR DO YOU WANT THERE'S ANOTHER ISSUE OF RE OF REMOVING THE PENETRATION ISSUE, WHICH WAS JUST DISCUSSED AND MOVING FORWARD WITH JUST THE METAL, UH, WINDOW PART OF IT. I WOULD LIKE A CONTINUATION. UM, AND I, I, I, I'M, I'M ASKING THAT TRULY BECAUSE I TRY TO RESOLVE ISSUES TO EVERYONE'S BENEFIT. OKAY. I DON'T LIKE TO PUT YOU IN A POSITION OF HAVING TO SPLIT THINGS IN TWO AS YOU'VE HAD TO DO. IF THERE'S A WAY TO RESOLVE THEM, AND I WOULD LIKE TO TRY TO RESOLVE IT, AND THAT WHEN I COME IN FRONT OF YOU, I CAN COME IN FRONT OF YOU WITH A CLEAN HEART AND, AND, [02:15:01] YOU KNOW, SAY I'VE DONE MY BEST. IT ISN'T IS, IS IT IS MAY 6TH OR THE 20TH, UM, THOSE ARE THE NEXT MEETINGS. AND SO IS, IS THERE A DATE THAT, UM, WOULD, THAT YOU THINK WOULD WORK WELL FOR YOU TO HAVE TIME TO TALK TO THE STAFF? UH, FOR SELFISH REASON THAT MY BIRTHDAY IS VERY CLOSE TO MAY 6TH AND I WOULD LIKE TO SPEND IT DOING SOMETHING FUN. OKAY. I ASKED FOR MAY 20TH. OKAY. THERE, THERE WAS NO GOOD REASON. IS THERE ANY, IS THERE ANY COMMISSIONERS THAT, THAT, UH, WOULD LIKE TO ADD ANYTHING BEFORE I ASKED FOR A MOTION FOR A CONTINUANCE TO MAY 20TH. AND WAS THERE, WAS THERE ANY, UH, PUBLIC COMMENTARY BEFORE WE EVEN ASK FOR A MOTION? THANKS. I APOLOGIZE. LET ME CONFIRM. WE DO HAVE, UH, TWO VOICEMAILS. OKAY. SO WHAT WE'LL DO IS, UH, WE'LL HEAR TWO VOICEMAILS AND WE'LL SEE IF A COMMISSIONER WOULD LIKE TO MAKE A MOTION TO CONTINUE. HELLO, MY NAME IS LULU FRANCOIS, CHAIRWOMAN OF THE DIGNITY HILL ARCHITECTURAL REVIEW COMMITTEE, AND I'M CALLING IN ON CASE NUMBER, UH, 10 3030 5 5 0 4 NORTH HACKBERRY STREET. WE AGREE WITH THE OFFICE OF HISTORIC PRESERVATION'S RECOMMENDED INVITATION TO NOT APPROVE THE APPLICANT'S APPEAL OF 5 0 4 NORTH HACKBERRY. AS NOTED, THIS PAST JANUARY, THE APPLICANT SUBMITTED AN AN APPLICATION TO OHP FOR WINDOW AND FENESTRATION REPAIR AND AGREED TO ALL STIPULATIONS, WHICH STATED THAT ANY REPAIRS DONE TO THE WINDOWS AND FENESTRATION WOULD BE DONE IN KIND. HE THEN PROCEEDED TO COMPLETELY IGNORE ALL STIPULATIONS HE AGREED TO AND DID WORK WITHOUT A CERTIFICATE OF APPROPRIATENESS AND BEYOND PRIOR APPROVALS, AFTER BEING DENIED AGAIN BY THE HDRC COMPLIANCE AND TECHNICAL ADVISORY BOARD, HE'S COMING TO THIS BOARD FOR ONE LAST REQUEST TO COMPLETELY IGNORE THE GUIDELINES AND ORIGINAL SCOPE OF WORK PROVIDED BY OHP. THIS APPLICANT KNEW HE WAS RENOVATING A HOUSE IN A HISTORIC NEIGHBORHOOD, APPROVING HIS REQUEST WOULD BE AN INSULT TO ALL OTHER DEVELOPERS, FLIPPERS AND INDIVIDUAL HOMEOWNERS THAT FOLLOWED THE RULES AND RENOVATED OR BUILT THEIR DWELLINGS BASED ON O HP'S GUIDELINES AND STIPULATIONS. APPROVING A REQUEST LIKE THIS FOR SOMEONE WHO SO WILLINGLY IGNORED ALL OHP GUIDELINES WILL SIMPLY SET A PRECEDENCE NOT ONLY FOR THE APPLICANT, BUT FOR ANYONE ELSE WHO DOESN'T THINK THEY HAVE TO FOLLOW HISTORIC GUIDELINES. THIS IS WHY WE ARE RESPECTFULLY ASKING THAT YOU HELP SAVE OUR HISTORIC NEIGHBORHOODS AND DENY THIS APPLICATION. THANK YOU. THIS IS VINCENT MICHAEL, THE CONSERVATION SOCIETY OF SAN ANTONIO AT 1146 SOUTH ALAMO CALLING IN REGARD TO AGENDA ITEM NUMBER 6 5 0 4 NORTH HACKBERRY STREET. LAST THREE DIGITS OF THE CASE NUMBER ARE 0 3 5. THE CONSERVATION SOCIETY OF SAN ANTONIO SUPPORTS THE OFFICE OF HISTORIC PRESERVATION AND THE BOARD OF ADJUSTMENT STAFF IN RECOMMENDING DENIAL OF THE APPEAL FOR THE CERTIFICATE OF APPROPRIATENESS. APPEALS SHOULD BE GRANTED UNDER EXCEPTIONAL CIRCUMSTANCES, WHICH DOES NOT APPLY TO THIS CASE. THANK YOU. ALRIGHT, IS THERE A COMMISSIONER? I'D LIKE TO, CAN MAKE A MOTION TO CONTINUE TO MAY 20TH. MANNA COMMISSIONER MANNA? UM, YES. UH, SO MOVE, UH, MAY 20TH. AND I ALSO WOULD RECOMMEND REACHING OUT TO BOTH THOSE GROUPS, YOU KNOW, TO ENSURE THAT, UM, YOU KNOW, THAT THEY HAVE A, A COMMON INTEREST RATE, ALL HAVE COMMON INTEREST. I COULDN'T TELL WAS THE FIRST IN FAVOR OR OPPOSED? THEY WERE BOTH. NO, NO, I, I'M SORRY. I'M MAKING A BAD JOKE. OKAY. IS THERE A SECOND? SECOND. SECOND BY COMMISSIONER CRUZ. ALL IN FAVOR SAY AYE. NAY. ANY OPPOSED? SAY NAY. NAY. OKAY. WE HAVE, UH, 10 10 FOR THE CONTINUANCE, ONE AGAINST, UH, MOTION PASSES. THANK YOU. WE'LL SEE YOU ON THE 20TH. SOUNDS GOOD. THANK YOU. UH, AT THIS TIME WE'RE GONNA BE CALLING FOR A SEVEN MINUTE BREAK. WE'LL SEE EVERYBODY BACK IN SEVEN MINUTES. ALL RIGHT, LET'S GET THIS BACK IN, IN SESSION. I BELIEVE WE'RE ON ITEM NUMBER EIGHT. OH, AWESOME. ALRIGHT. FOR BOA CASE 24 1 0 3 0 0 0 3 0. ADDRESS BEING 1000 NORTH ALAMO COUNCIL, DISTRICT ONE APPLICANT CORAL STUDIO, THE REQUEST, THE REQUEST FOR A VARIANCE TO REMOVE THE FORM-BASED ZONING, DISTRICT DEVELOPMENT, STREET SCAPE TREE PLANTING REQUIREMENTS ALONG THE EXTERIOR OF THE PROPERTY. THE ZONING IS FORM-BASED ZONING DISTRICT, UH, TRANSECT, T SIX ONE AIRPORT HAZARD OVERLAY DISTRICT WITH A SPECIFIC USE AUTHORIZATION FOR A COMMERCIAL PARKING LOT. THE SUBJECT PROPERTY OWNER OF BROADWAY AND NORTH ALAMO TOWARDS THE NORTH SIDE OF [02:20:01] DOWNTOWN SAN ANTONIO PROPERTY IS ALSO SUBJECT TO THE RIVER NORTH MASTER DEVELOPMENT PLAN. EXISTING UTILITIES AND COMPLIANCE SIDEWALKS ALONG THE NORTH ALAMO AND 10TH STREET. THE APPLICANT IS REQUESTING EXEMPTION FROM THE FORM-BASED ZONING. DISTRICT STREET SCAPE LANDSCAPING REQUIREMENTS REQUIRED LANDSCAPING WOULD DIRECTLY IMPACT EXISTING UTILITIES AND THE SITE PLAN. SUBJECT PROPERTY NORTH EXTERIOR ALONG NORTH ALAMO, SOUTH ALONG NORTH ALAMO, CORNER OF NORTH ALAMO AND 10TH STREET. THE EXTERIOR EXISTING DRIVEWAY, EXISTING PARKING LOT WITHIN THE PROPERTY SURROUNDING AREA. THE STAFF RECOMMENDATION FOR THE FORM-BASED ZONING, DISTRICT STREET SCAPE LANDSCAPING EXEMPTION STAFF RECOMMENDS APPROVAL OF BO OA 24 1 0 3 0 0 0 3 0 BASED ON THE FOLLOWING FINDINGS OF FACT, NO OTHER SIMILAR STYLE STREET SCAPE LANDSCAPING WAS OBSERVED IN THE AREA AND THE REQUIRED LANDSCAPING ALONG THE EXTERIOR WOULD DIRECTLY AFFECT EXISTING UTILITIES AND THE EXISTING SIDEWALK MEETS CITY CODE. WE MAILED OUT 14 NOTICES, RECEIVED ZERO IN FAVOR AND ZERO IN OPPOSITION, AND THERE'S NO REGISTERED NEIGHBORHOOD ASSOCIATION. AND THAT CONCLUDES STAFF PRESENTATION. ALL RIGHT, THANK YOU VERY MUCH. JUST HAVE THE APPLICANT COME FORWARD, THE SITE PLACE. YES. GOOD AFTERNOON COMMISSIONERS. PATRICK CHRISTENSEN, THREE 15 EAST COMMERCE, SUITE 3 0 4. UM, LITTLE BIT OF HISTORY ON THE PROPERTY. SO THE DEVELOPER OF THE PROPERTY OWNS, OWNS ALL THAT YOU SEE WITH THE PARKING LOT PLUS THE HISTORIC BUILDING RIGHT HERE. I MEAN, THE ULTIMATE GOAL FOR THE PROPERTY IS TO BUILD, UM, MID-RISE APARTMENT BUILDING. BUT IN THE MEANTIME, YOU KNOW, WITH THE INTEREST RATES, CONSTRUCTION COSTS, WHAT HAVE YOU, HE WOULD LIKE TO DEVELOP IT AS A, AS A COMMERCIAL PARKING LOT. AS YOU KNOW, THERE'S A LOT OF NEW BARS AND RESTAURANTS GOING UP AND DOWN NORTH ALAMO. THERE'S DEFINITELY A ALAMO, THERE'S DEFINITELY A NEED FOR IT, AS IN ADDITION TO THE DOG PARK THAT'S ACROSS THE STREET. SO WHAT, WHAT WE'RE TRYING TO DO HERE, I I I'VE REZONED IT TWO MONTHS AGO, TO GET A SPECIFIC USE PERMIT ON TOP OF THE FBZ ZONING TO ALLOW FOR A COMMERCIAL PARKING LOT. AND AS WE'RE GOING THROUGH THE DESIGN PROCESS, THE REVIEW PROCESS, WE REALIZE THAT THE, WE CAN MEET ALL OF THE CITY OF SAN ANTONIO UDC STREET SCAPE REQUIREMENT AND LANDSCAPING REQUIREMENTS. IT'S THE FORM-BASED CODE, STREET SCAPE REQUIREMENTS THAT ARE CAUSING US ISSUES. SO THAT CODE WOULD REQUIRE US TO PLANT TREES RIGHT HERE. THE RED TREES YOU SEE, UM, THE PURPLE KIND OF DASH LINE IS THE PROPERTY LINE AND THE RED LINE IS THE, THE POWER POLE LINES. SO WHEN WE DO BUILD APARTMENTS THERE, WE WILL, WE WILL BURY THE POWER LINES. UM, BUT FOR THE TIME BEING FOR THE PARKING LOT, UM, IT'S JUST NOT ECONOMICALLY FE FEASIBLE TO BURY THOSE POWER LINES. BUT IF WE PLANT TREES UNDER THE POWER LINES, IT'S GONNA CAUSE PROBLEMS WITH THE POWER LINES. THERE'S JUST NO DOUBT ABOUT IT. AND THEN IN THREE, FOUR YEARS, WHEN WE COME IN AND BUILD AN APARTMENT BUILDING, WE'RE GONNA HAVE TO DIG EVERYTHING UP TO BURY THE POWER LINES SO THE TREES WON'T HAVE A CHANCE TO LIVE VERY LONG. SO FOR THAT REASON, WE'VE, WE'VE COME TO THE SPORT OF ADJUSTMENT AND ASKING FOR A VARIANCE JUST JUST FROM THE TREE PLANTING REQUIREMENTS AS REQUESTED. UH, HAPPY TO ANSWER ANY QUESTIONS. YEAH. SO YOU'RE SHOWING THAT YOU'RE, THE PLANTING IS GOING IN THE PUBLIC RIGHT OF WAY? CORRECT. AND IS THAT, IS THAT TYPICAL FOR REFORM BASED ZONING REQUIREMENTS? IT IS, YES, SIR. OKAY. UM, I JUST WANTED TO ASK AND HAS, HAS, UH, UH, LANDSCAPE REVIEWED THIS AND ARE THEY IN CON CONCURRENCE? YES, SIR. WE'VE, WE'VE, UH, VERIFIED ALL THE LANDSCAPING WITHIN THE PROPERTY, UH, FOR PROJECT LIMITS. ALRIGHT. IS THERE ANY COMMISSIONER QUESTIONS? MANNA, COMMISSIONER MANNA? SO, SO THE QUESTION FOR CITY, SO WHAT IS THE, I GUESS THE DISTANCE REQUIREMENT FOR THAT STREET OR FOR THAT PLANTING SCAPE? SO, SO, SO RIGHT NOW IT'S DEFINED BEING CLOSE TO THE CURB. HOW FAR IN, UH, I GUESS IS IT ALLOWED TO BE PART OF THAT BUFFER SPACE, I GUESS YOU'D SAY? SO THE FORM-BASED ZONING REQUIREMENTS ARE UNIQUE WHERE THE PLANTING HAS TO GO WITHIN THE RIGHT OF WAY. UH, AND THAT'S WHERE THE CHALLENGES ARE COMING FROM WITH EXISTING UTILITIES, EXISTING SIDEWALK THAT ALREADY COMPLIES. AND IS, IS IT, IS IT THREE PHASE POWER OUT THERE OR SINGLE PHASE? I HAVE THE ENGINEER HERE. DO YOU, DO YOU KNOW WHAT THAT WOULD BE? ? NO, I DO NOT. I'M THE LANDSCAPE MARKETING. OH, SORRY, I THOUGHT IT WAS THE ENGINEERING FIRM. NO, I DO NOT KNOW THAT ANSWER. I'M JUST TRYING TO FIGURE, 'CAUSE IF YOU GO UNDERGROUND WITH THE ELECTRIC, YOU'D HAVE TO PUT IN A CONCRETE DUCT BANK AND IT'S NOT VERY CONDUCIVE [02:25:01] TO PLANTING. I'M JUST, I GUESS I'M TRYING TO FIGURE OUT LIKE HOW FORM BASED ZONING IS EXPECTING ANYBODY TO PUT PLANTING IN THE RIGHT OF WAY IF THERE'S UTILITIES THERE, YOU KNOW, IN THIS CASE WHAT WE'RE TAKING INTO CONSIDERATION, IT'S AN EXISTING SITE WITH THE EXISTING RIGHT OF WAY, UM, IN COMPLIANCE. SO, BUT USUALLY THE FORM-BASED ZONING IS FOR NEW DEVELOPMENT OR ULTIMATE REDEVELOPMENT. THIS CASE IT IS SUBJECT JUST TO LIMITS OF CONSTRUCTION, WHICH IS DIRECTLY AT THE CORNER OF 10TH AND ALAMO. OKAY. SO ANY OTHER QUESTIONS, MR. MANNA? SO THE QUESTION I HAVE IS, SO, UM, AS WE TAKE A LOOK AT THIS DECISION, DOES THIS IMPACT ANY DECISION ON THE REST OF THE PROPERTY? SO WE HAVE THE LOWER, UH, THE, THE SOUTHERN PORTION, UM, WITH, WITH THE, UH, HOUSE ON IT. SO DOES THAT IMPACT THAT AS WELL? I DON'T BELIEVE SO. IS THAT QUESTION FOR ME OR FOR STAFF? I GUESS IT, WELL, IT MAY BE BOTH. UM, SO, SO DOES, DOES, SO LEMME LEMME START. SO THIS PROP THIS, ALTHOUGH IT SHOWS HIGHWAY 2 81 RIGHT HERE, THAT'S ACTUALLY THE ELEVATED PORTION OF THE HIGHWAY, AND THERE IS, UM, PARKING UNDERNEATH THERE THAT, THAT HAS BEEN LEASED FROM TEXDOT BY GRUNT STYLE. UM, SO THERE'S, THERE, THERE WILL BE NO, THERE'S NO FORM BASED ZONING TREE PLANTING REQUIREMENTS OVER HERE BECAUSE IT'S NOT ON THE STREET THAT IT'S BASICALLY A, ANOTHER PROPERTY RIGHT THERE UNDERNEATH THE, THE FREEWAY. DID, AND GO AHEAD. DID YOU SAY GRUNT STYLE? YES. I THOUGHT THEY WERE OFF OF, UH, BROADWAY. BROADWAY. THEY'RE ON THE CORNER OF BROADWAY, BUT THEY DID A, A SUBLEASE WITH TDOT FOR, FOR THE AREA UNDERNEATH THE, THE FREEWAY FOR EXCESS PARKING FOR THEIR EMPLOYEES FROM THEIR SIDE OF AROUND BROADWAY. SO IT'S A GOOD BLOCK AWAY. PLEASE CONTINUE. SORRY, I'M VERY FAMILIAR WITH THIS PROPERTY. IT USED TO BE ART SAN ANTONIO FOR A LONG TIME, AND SO I USED TO WORK AT THAT, AT THAT FACILITY. AND SO THE, SO THERE'S A BUNCH OF OAK TREES RIGHT THERE THEN THAT'S WHY I KEEP TALKING ABOUT IT. SO THESE ARE REMAINING OBVIOUS. OKAY, SO ALL THAT'S GONNA REMAIN SO'S A TREE RIGHT HERE. THERE'S REMAINING RIGHT HERE AND RIGHT THERE. YEAH. SO ALL EXISTING TREES WILL REMAIN CORRECT. OKAY, PERFECT. OKAY. ALL RIGHT. ANY OTHER QUESTIONS? IS THERE ANY PUBLIC COMMENTARY? THERE'S NO PUBLIC COMMENTARY ON THIS ITEM. ALL IS LOOKING FOR A MOTION. ZU COMMISSIONER ZUNI, REGARDING CASE NUMBER BO EIGHT DASH 24 DASH 0 3 3. I MOVE THAT THE BOARD OF ADJUSTMENTS GRANTED REQUEST REMOVE THE FORM BASED ZONE DISTRICT FROM BASE FROM BASE ZONING DISTRICT DEVELOPMENT, STREET SCAPE, PRE-PLANTING REQUIREMENTS ALONG THE EXTERIOR OF THE PROPERTY SITUATED AT 1000 NORTH ALAMO STREET, APPLICANT BEING CORAL STUDIO. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACT THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH THAT ARE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY YOU FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PROPOSED REMOVAL OF STREETS SCAPE PLANTING NEAR EXISTING UTILITIES WOULD NOT BE CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD NOT, WOULD RESULT IN UNNECESSARY HARDSHIP IN THIS CASE. THESE CRITERIA ARE REPRESENTED BY EXISTING UTILITIES ALONG THE EXTERIOR OF THE PROPERTY THAT WOULD AFFECT REQUIRED LANDSCAPING. THE APPLICANT PROVIDED ALTERNATIVE LANDSCAPING OPTIONS WITHIN THE PROPERTY. THREE, BY GRANTING THE VARIANCE OF SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN SUBSTANTIAL JUSTICE WILL BE DONE. THE VARIANCE WOULD NOT INJURE NEIGHBORING PROPERTIES AS THE LACK OF LANDSCAPING ALONG THE EXTERIOR DOES NOT OBSTRUCT THE LINE OF SIGHT FROM THE NEIGHBORING PROPERTIES FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFIC DISTRICT REMOVE CURRENT DESIGN DOES NOT ALTER THE ESSENTIAL CHARACTERISTICS OF THIS. CAN YOU MOVE A LITTLE CLOSER TO YOUR THANK YOU. SO 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. IF GRANTED, THE VARIANCE WOULD NOT ALTER THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE AND ESTABLISH FOR THE SPECIFIC DISTRICT SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT ARE MERELY FINANCIAL AND ARE NOT DUE TO OF THE RESULT OF GENERAL CONDITIONS AND THE DISTRICT WHICH THE PROPERTY IS LOCATED. THE SUBJECT PROPERTY IS LOCATED ADJACENT TO EXISTING UTILITIES ALONG NORTH ALAMO STREET. THE THE F BZ D'S STREET STREETSCAPE LANDSCAPE REQUIREMENTS MAY DIRECTLY IMPACT THE OPERATION OF THE EXISTING UTILITIES. AND A MOTION. SECOND. ALL RIGHT. WHO MOTION SECOND BY COMMISSIONER MANA. COMMISSIONER ZUNA. I'M GONNA CONCUR WITH THE, UM, UH, CITY'S RECOMMENDED APPROVAL. UM, THE, THE, THE ZONING IS, UM, THE VARIANCE REQUEST HERE I THINK IS APPROPRIATE AS IT, THE PROP PROJECT IS DESIGNED WOULD COMPLY WITH THE PART WITH THE, UM, YOU KNOW, SIDEWALK REQUIREMENTS. IT DOES PROVIDE FOR THE LANDSCAPING AND I THINK THE FUTURE, UH, UTILITIES WOULD BE OBSTRUCTED IF THEY'RE REQUIRED TO PLANT WITHIN THE REQUIREMENTS. THE FBZD, UH, ZONING BASED DISTRICT COMMISSIONER MANA, I CONCUR WITH MY COLLEAGUE. ALL, ANY OTHER COMMISSIONS YOU'D LIKE TO ADD? HEARING NONE UNLESS HAVE A ROLL CALL VOTE PLEASE. COMMISSIONER OONA? YES, I CONCUR. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BURTON? YES, I CONCUR. COMMISSIONER STEVENS. I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER CRUZ? [02:30:01] I CONCUR. COMMISSIONER VE I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINES OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. UM, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF, UH, I'M GONNA BE BRINGING ITEM 15 UP. UH, SKIPPING UP TO 15. ALL RIGHT. ITEM NUMBER 15 BOA CASE 24 1 0 3 0 0 0 4 4. ADDRESS BEING 3 3 9 OLNEY DRIVE COUNCIL, DISTRICT TWO, APPLICANT CKG FREEDOM VENTURE CAPITAL LLCA REQUEST FOR A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT CARPORT SETBACK TO ALLOW A ONE INCH CARPORT SETBACK. UH, THE ZONING IS R FOUR MO THREE MLR TWO AIRPORT HAZARD OVERLAY DISTRICT. THE SUBJECT PROPERTY IS LOCATED JUST NORTH OF TERRELL HILLS IN A SINGLE FAMILY SUBDIVISION. THE PROPERTY OWNER REPLACED AN EXISTING CARPORT WITHOUT A PERMIT CLOSER TO THE SIDE PROPERTY LINE AFTER BEING CITED BY CODE COMPLIANCE. THE PERMIT FOUND THAT THE CARPORT WAS WITHIN ONE INCH FROM THE SIDE PROPERTY LINE. THE SIDE PROPERTY LINE IS APPROXIMATELY 10 FEET FROM THE END OF THE STREET. THE SITE PLAN SUBJECT PROPERTY. OKAY. SURROUNDING PROPERTY STAFF RECOMMENDATION ON THE CARPORT SETBACK, STAFF RECOMMENDS APPROVAL AND BOA 24 1 0 3 0 0 0 44 BASED ON THE FOLLOWING FINDINGS OF FACT, THE VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY AS THERE IS AN ALLEY SEPARATING THE SIDE YARDS AND THERE CAN BE NO FENCE TO CREATE A CLEAR VISION ISSUE WITHOUT A SEPARATE VARIANCE. AND THE CARPORT MAINTAINS APPROXIMATELY, UH, 10 FEET DISTANCE FROM THE STREET. WE MAILED OUT. 32 NOTICES RECEIVED ZERO IN FAVOR, ONE IN OPPOSITION AND NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET AND ONE IN OPPOSITION RECEIVED BACK. AND THIS CONCLUDES STAFF PRESENTATION. IF THE APPLICANT COME FORWARD, COULD YOU PLEASE SHOW THIS? HI, GOOD AFTERNOON. MY NAME IS GERALD GERALDO MARTINEZ. AND, UH, THE REASON WHY HERE IS BECAUSE I, I AM, UM, REQUESTING A BEARING ON MY OPEN, UH, CARPORT AND IT'S NOT A A A BLOCK FACE. UM, THIS IS A, NO, I'M GOING BACKWARDS. , SORRY, GENTLEMEN. HE HAD. OKAY. UM, OKAY. OKAY. UM, OKAY. HE, HE, HE TOLD ME THAT HE UNDERSTANDS WELL ENOUGH THAT TO HEAR WHAT YOU'RE GONNA SAY, BUT HE WAS UNSURE OF BEING ABLE TO SPEAK IN ENGLISH. SO HE WANTS TO TRY THE ENGLISH, AND IF HE NEEDS HELP, I'LL HELP HIM OUT AS HE GOES. ALRIGHT? OKAY. THANK YOU. THANK YOU. SO, UH, I BOUGHT THIS, I BOUGHT THIS HOUSE FOR, FOR MY DAUGHTER. SO, UM, AND, AND I DO, UM, ALL THE, THE, THE REMODELING. BUT I DO, UH, GET ALL THE, THE REQUIREMENTS FOR PERMITS FOR THE REMODELING. AND, UH, ON THE, THAT'S, THAT'S, UH, IS, UH, WAS BEFORE THE, THE HOUSE. AND IS THIS THE [02:35:01] SAME ADDITION AND THE CARPORT? AND THEN THIS IS THE, THE NEW ONE. OKAY. UH, THIS IS THE NEW ONE. STILL THE SAME ADDITION, PROBABLY JUST I EXTEND A LITTLE BIT THE, THE CARPORT, BECAUSE THE HOUSE IN FRONT OF, OF THIS PROPERTY, THEY, THEY BUILD A, A FENCE AND ALSO THEY COVER THE, THE, THE, THE OPEN CAR CARPORT THAT THEY HAVE. THEY COVER EVERYTHING. AND I HAVE PICTURES ALSO HERE. SO, SO RIGHT THERE, THEY, THEY HAVE THAT, THE CARPORT AND THEY, THEY, THEY JUST BUILT, UH, THE, THE GATE, UH, AND, AND IT'S, IT'S CLOSE TO THE, THE PROPERTY LANE. SO I, I I'M NOT REQUESTING, I, I'M NOT GONNA BUILD THAT FENCE ON MY, ON MY OPEN CARPORT RIGHT NOW. IS THAT ONE OF YOUR NEIGHBORS? YES, IT'S, HE'S IN FRONT OF ACROSS THE STREET. IF STAFF CAN BRING UP GOOGLE, UM, DRIVE ACTUALLY HAS A NICE PICTURE. ARE YOU SAYING THAT YOU ARE, YOU'RE, YOU WANT TO BUILD A FENCE LIKE THAT? NO, NO, NO, NO. OKAY. I DON'T WANT NO BUILD. WELL, ACTUALLY, THESE VARIANCE SITUATION CAME OUT WHEN I, WHEN I CAME TO APPLY FOR, FOR, TO BUILD A FENCE AROUND THE PROPERTY. BUT IT, BUT NOT TO COVER THE, THE OPEN, UH, CARPORT. OKAY. UH, STAFF IS, SO THE ISSUE IS, IS A SIDE SETBACK ISSUE. YES, SIR. SO THIS IS, BECAUSE IT'S A CORNER LOT, THEY THEY'RE THE STREET, THEY'RE FRONTING IS THEIR SIDE. YES. AND SO THEY, THEY, UH, NEED THE ONE INCH VARIANCE, BUT IT'S, HE CAN'T DO ANYTHING ELSE. UH, BECAUSE IT, A SITE, UH, OBSTRUCTING THE LINE OF SIGHT IS NOT GOING TO BE PERMITTED ON THAT SIDE OF THE STREET. MANNA COMMISSIONER MANNA STAFF. SO IT IS, SO IF YOU BRING UP THE STAFF PRESENTATION AND YOU GO TO THE PAGE WITH THE ESTIMATED SIDE PROPERTY LINE, UM, AND, AND IF YOU USE THIS PICTURE HERE, YOU'LL SEE THAT IT LOOKS LIKE ABOUT A FIVE FOOT EXTENSION. IS THAT ABOUT CORRECT? A FIVE FOOT EXTENSION OF THE CARPORT, ONLY FOUR FEET FROM, FROM THE CARPORT. JUST THE, THE, THE ROOF. AND, AND SO THE QUESTION I HAVE FOR STAFF IS THE, THE ROOF LINE, IS THAT THE LINE IN YELLOW? AND THEN THAT YELLOW LINE IS THE 10 FOOT SPACE. SO, SO THAT IS THE 10 FOOT, UM, SETBACK LINE, RIGHT? SO THAT CORRECT. SO THE, THE ONLY AVAILABLE SPACE IS AN INCH, BUT, BUT THE, THE HOUSE ACROSS THE STREET IS THEY, THEY, THEY'RE, THEY'RE UNDER THE LIMIT ON THE, THE PROPERTY. WELL, THEY, THEY MIGHT BE COMING HERE AS WELL AT SOME POINT. , BUT, BUT AS FAR AS YOUR CARPORT, UM, I I YOU, YOU WERE JUST TRYING TO ASCERTAIN YEAH, I JUST WANNA MAKE SURE THE LINES. AND SO, SO IT DOES LOOK LIKE IT WAS, YOU KNOW, I GUESS ABOUT A FIVE FOOT EXTENSION, UM, WITH THE ROOF LINE. BUT, BUT JUST WANNA MAKE SURE THAT THE PICTURE SHOWED WAS WITHIN, WITHIN THE, THE 10 FOOT OR ONE FOOT, ONE INCH, UH, VARIANCE NEEDED TO COVER THE ROOF LINE, CORRECT? YES, IT IS. MM-HMM, . OKAY. AND MY QUESTION TO YOU IS, DID YOU, UH, INCREASE THE SQUARE FOOTAGE OF YOUR HOME AND THAT'S WHY YOU NEEDED TO PUSH IT BACK A LITTLE BIT? NO. WELL, THE, THE REASON WHY I USED BUILD A LITTLE BIT, UH, BIGGER THE, THE CARPORT IS BECAUSE I, I WANT TO PROTECT THE, THE CARS FROM, FROM THE, UM, LATELY WE, WE BEEN HAVING A LOT OF, UH, HELP. SO I, I, I WOULD, I, I WOULD LIKE TO PROTECT THE, THE, THE CAR. SO, SO IT'S NOT, IT'S NOT AFFECT. SO I, I HAVE A TESLA, SO I DON'T WANT TO THE HAIL DAMAGE. THAT, THAT, THAT, OKAY. UH, IS THERE ANY PUBLIC COMMENTARY? YES. YES, WE DO HAVE A MR. LUIS ALONSO SIGNED UP TO SPEAK ON THIS AND NO VOICEMAILS. ALL RIGHT. LET'S, LET'S, MR. ALONSO, YOU CAN COME ON FORWARD AND STATE YOUR NAME FOR THE RECORD AND TELL US YOUR THOUGHTS. UH, YES. HI. MY NAME IS LUIS ALONSO, AND I'M ACTUALLY A, UM, NEIGHBOR AROUND, UM, THAT STREET ON BURN STREET. AND, UM, KIND OF REACHED OUT TO ME AND, UM, KIND OF STARTED TO STUDY LIKE WHAT'S GOING ON AROUND THAT AREA. AND, UM, I DON'T SEE ANY PROBLEM WITH IT. UM, I'M OKAY, UM, WITH, UH, AND FEEL FREE TO, UM, I MEAN, I'M, I'M OKAY WITH, WITH WHAT'S GOING ON WITH THE VARIANCE AS, AS FAR AS, UH, IF YOU GUYS NEED AN APPROVAL, LIKE I DON'T HAVE ANY, UH, OPPOSING, UH, FACTORS ABOUT IT. ALL RIGHT. THANK YOU VERY MUCH. IS THERE ANY COMMISSIONER QUESTIONS? ALL RIGHT. HEARING NONE LOOKING FOR A MOTION. SO [02:40:01] I, I'M SORRY, IT WAS FOR, FOR THE APPLICANT. I DO HAVE ONE QUICK MORE QUESTION. SORRY, MR. MANON. SO THE, SO THE WIDTH, SO, SO IT LOOKS LIKE NOT ONLY DID YOU INCREASE THE DEPTH OF THE CARPORT, BUT YOU ALSO INC UH, INCREASED THE WIDTH OF IT BY A LITTLE BIT AS WELL, CORRECT? YES, SIR. OKAY. AND SO, SO I GUESS, YOU KNOW, I, I WOULD JUST HOPE THAT AS WE READ THIS, THAT WE WOULD ENSURE THAT WE DON'T INCREASE IT ANYMORE WITHOUT COMING BACK. NO. UH, WELL, AND CAN I SAY SOMETHING? UH, AND THE THING IS, BECAUSE I HAVE ALL THE PERMITS AND I, AND I HAVE INSPECTIONS AND ALL THAT, WHEN I GET CONFUSED BECAUSE I ALREADY PASS INSPECTIONS TO COVER EVERYTHING. AND THEN WHY THEY DON'T TELL ME ANYTHING ON, ON THE, ON THE ROUGHING INSPECTIONS. SO, SO NOW WHEN I, WHEN I FINISH, WHEN I WERE REQUESTING TO, TO BUILD A FENCE, THIS, WHEN, WHEN I HAVE THIS, THIS SITUATION, SO I, AND I ALREADY PASSED FINALS INSPECTION, SO I DON'T KNOW WHAT, WHAT, UH, I DON'T KNOW IF YOU CAN, CAN HELP ME WITH THIS VARIANCE. WELL, THIS VARIANCE IS ONLY FOR THE CARPORT ITSELF. YES. NOT FOR ANY FENCING. YES, SIR. OKAY. JUST MAKE SURE WE'RE CLEAR ON THAT. YEAH. YEAH. RIGHT. ALL RIGHT. SO THERE'S A MOTION I WOULD LOVE ANYONE LIKE TO MAKE A MOTION MANNA COMMISSIONER MANNA REGARDING CASE NUMBER BO 8 2 4 1 0 3 0 0 0 4 4. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE REQUEST FOR A NINE FOOT 11 INCH VARIANCE FOR THE MINIMUM 10 FOOT CART PORT SETBACK TO ALLOW A ONE INCH CARPORT SETBACK, UM, ONLY AS CURRENTLY BUILT. SO NOT TO BE WIDENED, SITUATED AT 3, 3 9, ONLY DRIVE APPLICANT BEING, UH, CKG FREEDOM VENTURE CAPITAL LLC. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTERS PROPERTY IS SUCH THAT LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. STAFF FINDS THAT THE REQUESTED VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST, AS IS CURRENTLY 10 FOOT FROM THE RIGHT OF WAY. AND OFFENSE OR GATE IS PRESENT TO CREATE A CLEAR VISION ISSUE. TWO, DUE TO, UH, SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS WOULD LEAVE NO ROOM FOR A VEHICLE, AND CAN MAINTAIN A SAFE DISTANCE OF APPROXIMATELY 10 FEET FROM THE STREET. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND THE SUBSTANTIAL JUSTICE WILL BE DONE. STAFF FINDS THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS THERE CAN BE NO FENCE CONSTRUCTED TO CREATE A CLEAR VISION ISSUE WITHOUT A SEPARATE VARIANCE. AND THE CARPORT MAINTAINS AN AN APPROXIMATE 10 FOOT DISTANCE FROM THE STREET. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES, UH, THAT, UH, SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH IS 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 CENTRAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. STAFF FINDS THE VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY AS THERE IS AN ALLEY SEPARATING THE SIDE YARDS. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH A VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN DISTRICT IN WHICH HIS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER FOR WHICH IS MARIONS OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE 10 FOOT DISTANCE FROM THE STREET TO THE SIDE PROPERTY LINE AND OF MOTION. SECOND. A MOTION A SECOND BACK. COMMISSIONER CRUZ. COMMISSIONER MANOR. YES. SO, SO THE, I I JUST ADDED THE ONE CAVEAT TO THE MOTION WITH, WITH REGARDS TO THE SIZE OF THE EXISTING STRUCTURE, SO LIMITED TO THAT. UH, BUT OUTSIDE OF THAT, YOU KNOW, I, UM, I I THINK IT LOOKS FINE AND BEING IT IS ON THE SIDE STREET THERE AND YOU DON'T HAVE ANY REALLY COMMENTS, ANY OTHER COMMENTS FROM, UH, THE NEIGHBORS IN OPPOSITION AND YOU HAD SUPPORT FROM THE COMMUNITY? I'LL BE VOTING IN FAVOR. COMMISSIONER CRUZ. UM, I CONCUR WITH MR. MANNA. I DON'T SEE A PROBLEM WITH IT, ESPECIALLY SINCE IT IS IN A CORNER. THANK YOU. ALL RIGHT. IS THERE ANY OTHER COMMISSIONERS LIKE TO ADD TO THE CONVERSATION? HEARING NOW? LET'S HAVE ROLL CALL. VOTE PLEASE. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER BURTON? YES, I CONCUR. COMMISSIONER STEVENS. I CONCUR. COMMISSIONER EZ. I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER AVILES? I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER UNA? YES, I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. THANK YOU VERY MUCH. THANK YOU. THANK YOU. ITEM NINE, PLEASE. ITEM NINE, BO OA 24 1 0 3 0 0 0 41 ADDRESS, 2140 FREO CITY ROAD COUNCIL DISTRICT FIVE APPLICANT DAVID GUZMAN. A REQUEST FOR ONE, A [02:45:01] VARIANCE FROM THE FENCE MATERIALS TO ALLOW FOR A CORRUGATED METAL FENCE TO A VARIANCE FROM THE DRAINAGE AND SURFACING STANDARDS. ZONING IS HEAVY INDUSTRIAL. THE SUBJECT PROPERTY IS LOCATED WEST OF DOWNTOWN ON THE INTERSECTION WITH WEST MALONE AVENUE. THE PROPERTY IS SURROUNDED BY INDUSTRIALLY ZONED PROPERTIES AND A RAILROAD RIGHT OF WAY TO THE REAR. CODE COMPLIANCE CITED THE PROPERTY FOR HAVING A CORRUGATED METAL FENCE AND PARKING SURFACE THAT WAS NOT TO STANDARD. THE CORRUGATED MATERIAL IS A PROHIBITED FENCING MATERIAL. AND THE DRAINAGE AND SURFACING STANDARDS REQUIRE CONCRETE, ASPHALTIC, CONCRETE OR ASPHALT. THE SITE PLAN. SUBJECT PROPERTY SURROUNDING PROPERTY STAFF RECOMMENDATION ON THE CORRUGATED METAL FENCE STAFF RECOMMENDS DENIAL AND BOA CASE 24 1 0 3 0 0 0 4 1. BASED ON THE FOLLOW FINDINGS OF FACT, THE CORRUGATED METAL WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND THE REQUESTED VARIANCE WILL INTRODUCE A PROHIBITED MATERIAL AGAINST THE SPIRIT OF THE ORDINANCE. STAFF RECOMMENDATION ON THE SURFACING STANDARDS STAFF RECOMMENDS DENIAL. AND THE SAME BO OA CASE BASED ON THE FALLING FINDINGS OF FACT, IT MAY DAMAGE GROUND CONDITIONS ON THE LOT AND VEHICLES PARKED ON THE LOT. AND THE CURRENT SURFACING CONDITIONS HAS THE POTENTIAL TO CREATE DUST AND MUD THAT MAY AFFECT ADJACENT PROPERTIES AND RIGHTS OF WAY. WE MAILED OUT 17 NOTICES, RECEIVED ONE IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM THE EL CHARRO NEIGHBORHOOD ASSOCIATION. AND THIS WAS THE ONE RECEIVED IN FAVOR. AND THIS CONCLUDES STAFF PRESENTATION. THANK YOU MANNA. THANK YOU COMMISSIONER MANNA. SO THE STAFF DID, DID WE HAVE A SIMILAR CASE, UH, LIKE ACROSS THE STREET OR, UM, SIMILAR TO THIS AND, UM, DO YOU KNOW WHAT THAT CASE WAS ABOUT? AND DID IT INCLUDE METAL FENCING? AND DID WE APPROVE THAT ONE? THERE'S A LOT OF SIMILAR FENCING IN THE AREA. I DON'T RECALL. UM, BUT WE WILL CHECK FOR YOU ON THAT. OKAY, THANK YOU CRUZ. COMMISSIONER CRUZ. YEAH, WE HEARD IT ABOUT A MONTH AGO, CHRISTIE. AND, UH, THERE, IT'S A PROPERTY ACROSS THE STREET RIGHT NEXT TO THE VFW. UH, THEY'RE MAINTAINING. IT WILL BECOME A PARKING AREA LIKE THE ONE THAT'S HERE BEFORE US NOW. SO, UH, SEE IF YOU CAN LOCATE, LOCATE A PLACE IT'S ON, IT'S CONSIDERED RIO CITY ROAD. OKAY, SO LET'S HAVE THE APPLICANT COME FORWARD. HELLO. UH, TELL US YOUR NAME ABOUT YOUR CASE PLEASE. UH, DAVID GUZMAN. MM-HMM, . AND, UM, TELL US ABOUT WHY YOU, WHY YOU'RE HERE AND WELL, UH, YOU KNOW, I GOT MY NEIGHBOR ON TO THE LEFT, MY NEIGHBOR TO THE FRONT, THE ONE NEXT TO THAT ONE, AND THEN FOUR MORE DOWN THE ROAD. AND I'VE BEEN THERE SINCE 1995. THIS MARCH WAS 29 YEARS. AND, UH, THE ONLY TIME I'VE HAD TO REPLACE MY CORRUGATED FENCE IS WHEN THE VFW DRUNKS, THE DRUNKS RIGHT IN FRONT OF THE BAR AND RIGHT NEXT TO MY, ON THAT SAME WHERE THAT RED SQUARE IS. THEY LEAVE AND THEY ALWAYS RUN INTO OUR FENCE OVER THE YEARS. AND, YOU KNOW, I NEVER HAD ANY PROBLEMS. UH, WE, UH, IT'S A FLAT SURFACE. I DON'T UNDERSTAND WHAT THEY'RE, WHEN THEY SAY ABOUT THE, THE, THE DRAINAGE OR WHATEVER. UM, YOU KNOW, AND THE LADY THAT THAT WENT OVER THERE, I FINALLY GOT THERE ONE MORNING AND THERE WAS ABOUT SIX, SEVEN TICKETS TAPED TO MY, TO MY FENCE. I'M LIKE, WHAT IS THIS? WELL, IT'S NOT THAT I DIDN'T RESPOND BECAUSE I'VE BEEN THERE SO LONG AND WE DON'T, YOU KNOW, WE, WHATEVER THEY NEED, WE TAKE CARE OF. BUT THEY WERE MAILING AND, AND THEY WE'RE IN AND OUT, IN AND OUT. AND I HAD SHUT DOWN FOR A WHILE AND THEY WERE MAILING THE, THE LETTERS AND ALL THAT TO ANOTHER HOME ON FAIR THAT I HAVE ON, I MEAN, RIGHT OFF OF FAIR ON CHICAGO STREET. THAT'S WHY I NEVER KNEW ABOUT THE, THE TICKETS, YOU KNOW? AND, UH, THEN I ASKED THE PEOPLE I PAID $650 TO GET THE GRANDFATHER IN-LAW THING. 'CAUSE UM, THEY RECOMMENDED ME TO DO THAT AND THAT MAYBE THAT WOULD HELP ME. I SAID, WELL, BECAUSE I'VE BEEN HERE, IT'LL BE 30 YEARS NEXT YEAR, NEXT MARCH. AND, UM, THE THING IS, I I WAS LIKE, YOU KNOW, [02:50:01] EVERYBODY HAS THE SAME FENCING AND THE GUY ACROSS THE STREET DON'T HAVE ASPHALT. THE GUY NEXT DOOR, I KNOW MONTEREY STILL, THEY'VE BEEN ON THE NEWS, BUT OF COURSE LIKE THEY HAVE A FIVE TIMES SIZE MY YARD. BUT, AND THEN THEY GOT A LOT OF MESS. BUT, UH, YOU KNOW, I WAS JUST WONDERING WHY, UM, THE, THE LADY THAT THAT TAKES CARE OF THAT, YOU KNOW, THE, THE CITY, THE, WHAT IS SHE, THE OFFICER THAT TAKES CARE OF THAT? YOLANDA, I CAN'T REMEMBER HER LAST NAME, BUT SHE TOLD ME, YOU KNOW, I KNOW YOU GUYS FOR, YOU KNOW, Y'ALL ARE GOOD. NO, AND, BUT SOMEBODY REPORTED YOU. AND I'M LIKE, WELL, WHO WOULD, WHO WOULD DO THAT? AND SHE SAID, WELL, THAT'S SOMETHING WE CAN'T TELL YOU. MY THING IS, YOU KNOW, I, I'VE BEEN THERE SO LONG AND YOU, OUR OUR LOT IS SUPER CLEAN, MAN, YOU KNOW, I MAKE SURE THAT EVERYTHING'S CLEAN. AND SO SOME QUICK QUESTIONS. I NOTICED ON THE AERIAL THAT YOU HAVE, ALMOST HALF OF YOUR LOT IS PAVED IN SOME WAY. THE WHOLE FRONT IS CONCRETE. AND THEN I'VE ALWAYS HAD MY VEHICLES, WE WORK ALL ON THE FRONT, WHICH IS ON RIO CITY. AND THEN THE OTHER HALF, IT'S, IT'S ALL OVER THE YEARS. I'VE HAD 18 WHEELERS DROP BASE AND ASPHALT THAT'S, THAT'S, UH, RECYCLED FROM THE CITY. 'CAUSE I HAD FRIENDS THAT WORKED FOR THE CITY AND THEY WOULD RECOMMEND ME TO BUY IT FROM CERTAIN PEOPLE. 18 WHEELER LOADS. SO I GOT PICTURES. I JUST JUMPED INTO MY, I GOT OUTTA MY TRUCK AND I JUMPED INTO MY WIFE'S CAR. BUT IT'S ALL, SINCE I SHUT IT DOWN FOR, SO FOR A FEW YEARS, THE, THE GRASS GREW ON THE EDGES AND STUFF LIKE THAT. BUT WITH THE, YOU KNOW, KILLING IT AND ALL THAT, WE, IT'S GOT LIKE AT LEAST SIX INCHES OF BASE AND, AND, AND ASPHALT AND, AND, AND, AND THE THING IS, THE, THE LAST THING THAT I WANT TO KNOW IS WHEN I REOPENED IN 2000 AND UM, 21, I REOPENED IT. THE FIRE MARSHAL, EVERYBODY WENT OUT THERE AND I ASKED THE PEOPLE, WELL, WHEN DID THIS NEW LAW KICK IN THAT YOU CAN'T HAVE CORRUGATED FENCE? I'VE BEEN HERE SO MANY YEARS. AND, UH, HE SAID IN 2016 OR 17. AND I SAID, WELL THEN WHY IN 2021 WHEN THE FIRE MARSHALS AND ALL THE INSPECTORS OF PLUMBERS ELECTRICIAN, THEY ARE, THEY GAVE HIM THE COO AND THEY DIDN'T MENTION THIS TO ME. WELL, CITY STAFF, YOU KNOW, EVERYONE HAS CERTAIN THINGS THAT THEY LOOK AT. UM, AS FAR AS THE FENCING, WHEN OF THE CORRUGATED METAL FENCE, UH, RESTRICTION KICK IN, WAS THAT, WHAT YEAR WAS THAT? WANNA SAY IT WAS 2001? I KNOW WE JUST RECENTLY HAD THAT DISCUSSION. YEAH, I MEAN IT IT, BUT IF HE WAS, IF THIS GENTLEMAN WAS HERE IN 1995 WITH A COATED METAL FENCE, DOES, WOULD HE QUALIFY FOR A NONCONFORMING RIGHTS APPLICATION? PROBABLY NOT BECAUSE THE, UH, PROHIBITED MATERIAL, BUT I WOULD HAVE TO LOOK AT THAT HISTORY ON THAT. OKAY. SO 'CAUSE WE HAVE TWO ISSUES BEFORE IT'S A CORRUGATED METAL. IF, IF IT'S BEEN THERE PRIOR TO THE ENACTMENT, THERE MIGHT BE SOMETHING. STAFF CAN LOOK INTO THAT AND TALK TO YOU ABOUT THAT. THE OTHER ISSUE IS A SURFACE. UM, SO THE CITY DOES HAVE A REQUIREMENT THAT YOU'RE GONNA STORE PARKED CARS. IT HAS TO BE ON A, UM, IMPERVIOUS SERVICE. AND, AND ISN'T THAT WHAT THE GRANDFATHER LAW? UH, THAT THAT THING THAT I, THEY MADE ME, THEY, THEY RECOMMENDED ME TO DO TWO THINGS. WELL, DID YOU APPLY FOR A NON-CONFORMING RIGHTS? UH, WHAT SIR? DID YOU APPLY FOR A NON-CONFORMING RIGHTS OR, OR IS IT $600? THE $650 WAS FOR THE GRANDFATHER RIGHTS BEING THAT I'VE BEEN THERE SO LONG AND, UM, OKAY. STAFF, IS THERE AN ANOTHER AN APPLICATION, UH, FOR NON-CONFORMING RIGHTS, UM, ASSOCIATED WITH THIS ADDRESS? I WILL FIND THAT OUT FOR YOU, BUT I WILL CONFIRM THAT, UM, 2235 RIO CITY ROAD DID COME TO YOU GUYS IN FEBRUARY ON THE 19TH. AND A STAFF DID RECOMMEND DENIAL ON THAT ONE. UH, BUT IT PASSED BY A MOTION OF 10 TO ONE FOR THE FENCING TO APPROVE THE CORRUGATED METAL FENCING AT 2235 RIO CITY ROAD. OKAY. UH, DO YOU, DO YOU FEEL LIKE IT'D BE PERTINENT FOR US TO TABLE THIS AT THIS TIME WHILE YOU DO SOME RESEARCH AND GO TO THE NEXT ITEM? NOT NECESSARILY. UNLESS YOU ALL HAVE SOME OTHER QUESTIONS. WELL, IF THE APPLICANT HAS, HAS IMPLIED THAT HE'S APPLIED FOR A NON-CONFORMING RIGHTS AND I DON'T KNOW WHEN, UM, IF HE WAS AROUND IN 1995, WOULD THAT, WOULD THAT TAKE CARE OF BOTH ITEMS OR JUST ONE OF THE ITEMS? I GUESS THE QUESTION, THE TRIGGER WOULD BE, HAVE YOU HAD ANY MAJOR IMPROVEMENTS ON YOUR PROPERTY WHERE YOU'VE CONSTRUCTED SOMETHING OR YOU'RE TRYING TO RECONSTRUCT THE FENCE OR, UH, THAT YOU TRY TO PULL A FENCE PERMIT? THE ONLY THING WE, I, I'VE DONE OVER THE YEARS [02:55:01] IS ACTUALLY PUT A, UH, REPAIRS TO MY CARPORT AND I HAVE A, I GOT A PERMIT FOR THAT. AND, UH, AND THEN IF, I MEAN, IT'S JUST, AND IF THE APPLICANT STOPPED PARKING UNDER DIRT, THERE'S REALLY NOTHING THAT I'VE REALLY DONE ANY. IT'S JUST IF, IF IT'S, THE OTHER THING IS IF YOU'RE USING THE, THE, THE NON PAVED PORTIONS TO STORE OR PARK CARS, THAT'S AN ISSUE. BUT IF HE DOESN'T PARK OR STORE CARS THERE, THEN IT'S NOT AN ISSUE ANYMORE. RIGHT. BUT I, I NEED THAT. 'CAUSE I'VE ALWAYS, THAT'S WHAT WE DO. YOU KNOW, WE, OKAY. I'VE ALWAYS HAD IT'S CITYWIDE TOWING AND WE NEED TO, WE, IT'S, YOU KNOW, I OWN CITYWIDE GARAGE AND, UM, THE WRECKER SERVICE, UH, UH, I ENDED UP DOING AWAY WITH THAT. BUT I, I STILL HAVE THE LONG VEHICLE TORN, UH, LONG VEHICLE STORAGE AND, AND UH, THE, UH, THE, THE MECHANICAL WORK ON OUR BIG RIGS. AND UM, AND THEN OF COURSE WE USE ALL OUR, WE WE GOT ALL OUR PERMITS, YOU KNOW, FOR OKAY. IS THERE ANY MECHANIC? YES SIR. IS THERE ANY COMMISSIONER QUESTIONS? I DO HAVE THE CLARIFICATION THAT YOU NEED. SO WE HAVE LOOKED, AND THERE IS NOT A NON-CONFORMING USE ON FILE. NOW, IF THE, IF THERE WERE ONE, AN APPLICATION OR EVEN AN APPROVED ONE THAT IS ABOUT THE USE OF THE PROPERTY, THAT WOULD STILL NOT PERMIT A PROHIBITIVE MATERIAL OF FENCING UNDERSTOOD CORRUGATED FENCING. UNDERSTOOD. ALRIGHT. IS THERE ANY COMMISSIONER QUESTIONS? I ALSO WANNA CLARIFY ONE MORE. THE PAVING ONLY HAS TO BE ON THE DRY AISLES WHERE THE VEHICLES ARE BEING DRIVEN. IF YOU HAVE, UM, MARKED PARKING SPOTS, THOSE SPOTS DO NOT NEED TO BE PAVED. IT'S ONLY WHERE THEY'RE GONNA BE DRIVING. OKAY. DID, DID YOU UNDERSTAND WHAT THE, WHAT STAFF JUST, JUST MENTIONED? WELL, I HEARD WHAT SHE SAID, BUT I JUST WANNA KNOW WHAT I HA I MEAN, SO WHAT HAPPENS IS IF YOU GET NONCONFORMING RIGHTS, IT DOESN'T APPLY TO THE FENCE MATERIAL. YOU STILL HAVE TO, YOU KNOW, ASK THIS BOARD FOR VARIANCE. UH, AS FAR AS THE PAVED AREAS, IT'S WHERE THE DRIVE LANES ARE. SO YOU COME IN THE DRIVEWAY, CIRCULATION ROUTES OF VEHICLES WOULD HAVE TO BE PAVED, BUT IF IT'S JUST A PARKING SPACE, IT'S OFF OF THAT DRY VILE THAT DOES NOT HAVE TO BE PAVED. SO THAT WOULD BE, UH, A LIMIT OF THE AMOUNT OF PAYMENT PAVEMENT THAT YOU WOULD HAVE TO PROVIDE, UH, IF YOU DID NOT PREVAIL ON THAT PORTION OF YOUR REQUEST TODAY. SO IS THERE ANY, UH, COMMISSIONER QUESTIONS OR SIR, DID YOU HAVE A QUESTION? WELL, UM, SO, UM, THE, THE, THE PAPER THAT I, I MEAN WHAT I PAID FOR, FOR THE GRANDFATHER RIGHTS, IT, THAT'S ALREADY WORTH. DO YOU KNOW WHEN YOU'RE GONNA HAVE TO DO AWAY WITH THAT, RIGHT? OR WHEN DID YOU SUBMIT THAT, SIR? I PAID LAST MONTH OR MONTH AND A HALF AGO. I GOT THE RE BOARD. ARE YOU, THAT MIGHT BE FOR YOU TO COME BEFORE THIS BOARD THAT COSTS $600. I BELIEVE THAT THAT MAY BE THE APPLICATION THAT, THAT YOU'RE REFERRING TO. WELL, THEY TOLD ME IT WAS FOR THE GRAND. WAS THAT FOR THE GRANDFATHER RIGHTS IS WELL IF YOU HAVE A RECEIPT THAT THAT WOULD, CAN YOU BRING IT BE HELPFUL? SO EVERYONE THAT'S, UH, ALL UP AND DOWN RE CITY ROAD THAT HAS CORRUGATED WHERE WE ALL HAVE THE IDENTICAL MATERIAL, WELL EV EVERY, EVERY, WE ALL HAVE TO, WE ALL HAVE TO GET IT REPLACED. THEY WOULD, EVERYBODY, YOU KNOW, NOBODY GETS A FREE PASS ON ANYTHING. THEY'D ALL HAVE TO INDIVIDUALLY COME HERE AND ASK FOR PERMISSION. SO, UH, WHAT, WHAT'S GONNA, WELL THEN WHAT THE, THE LADY SAID THAT IT, THEY WENT AHEAD AND OKAYED. WE DID APPROVE ONE ADDRESS THAT WAS STAFF FURIOUSLY MENTIONED. BUT UM, IT LOOKS LIKE, UH, IS THAT FOR THE BOA? IT'S OKAY. SO, UH, IF THERE'S NOTHING ELSE YOU'D LIKE TO ADD, I THINK WE ALL HAVE AN UNDERSTANDING OF WHAT'S GOING ON HERE AND WE'D LIKE TO MOVE TO A MOTION. UH, DOES ANYONE LIKE TO MAKE A MOTION ON THIS CASE? MANANA, COMMISSIONER MANANA. WHAT DO I REGARDING CASE NUMBER BO A 2 4 1 0 3 0 0 0 4 1. I MOVED TO THE BOARD OF JUSTIN GRANTOR REQUEST FOR ONE, A VARIANCE FROM THE DEFENSE MATERIAL TO ALLOW A CORRUGATED METAL FENCE AND TWO, A VARIANCE FROM THE DRAINAGE AND SURFACE STANDARDS SITUATED AT 2 1 4 0 RIO CITY ROAD. APPLICANT BEING DAVID GOSMAN. UM, ACTUALLY I'M GOING S SEPARATE THE SECOND ONE FROM THIS CASE. I THINK THAT WOULD BE WONDERFUL. YEAH, SO I'M GONNA SEPARATE THE SECOND ONE FROM THIS CASE. SO I'M GONNA STRIKE, UH, NUMBER TWO FOR RIGHT NOW. UM, UH, SITUATED AT 2 1 4 0 3 ROW CITY ROAD. APPLICANT BEING DAVID GOOSEBUMP BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY YOU FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. IN THIS CASE, THE PUBLIC INTEREST IS, UH, REPRESENTED BY FENCE MATERIAL. UH, THE REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST AS A SURROUNDING AREA. HISTORICALLY USED CORRUGATED [03:00:01] METAL, UM, REQUIRED ON THE PORTION OF THE PROPERTY. TWO, DUE TO SPECIAL CONDITIONS OF LIBERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LIBERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS DEFENSE MATERIAL FITS IN THE INDUSTRIAL AREA AND THE USE IS NOT IMPACTED, UH, BY THE CURRENT, UH, LOT, UH, BY GRANTING THE VARIANCE, THE SPEAR OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE VARIANCE OBSERVES THE SPEAR OF THE ORDINANCE AS A LOCATION AND THE USE OF THE PROPERTY ARE LOCATED IN ESTABLISHED INDUSTRIAL AREA. FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH HIS VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE ARE NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED. IT. GRANTED THE VARIANCE WILL BE SIMILAR TO THE ESTABLISHED SURROUNDING DEVELOPMENTS AND IS NOT LIKELY TO ALTER THE CENTRAL CHARACTER OF THE DISTRICT. SIX, APPLY THE OWNER OF THE PROPERTY FOR WHICH A VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY, ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS IN DISTRICT WHICH THIS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THIS PROPERTY SUCH AS THE, UM, THE ADDITIONAL SECURITY AND FENCING MATERIALS PROVIDES AND OF MOTION. IS THERE A SECOND? I SECOND. SECOND THAT. OKAY. WE HAVE A SECOND BY COMMISSIONER. IVANEZ. COMMISSIONER MAN. SO, UM, SO WITH REGARDS TO THE FENCING MATERIAL, YOU KNOW THAT, UH, AND KIND OF AS WE DISCUSSED IN THE PRIOR CASE, UH, ON THIS, UH, ACROSS THE STREET, YOU KNOW, TAKING A LOOK AT THE STREET, ALMOST EVERY SINGLE PROPERTY HERE HAS THE SAME TYPE OF FENCING. SO, SO TO ME THIS IS CONSISTENT WITH HOW THAT, UH, AREA IS BEING DEVELOPED. AND SO THEREFORE I'LL BE SUPPORTING THE MOTION AS READ. COMMISSIONER, YOU'VE BEEN ASKED. YEAH, UM, I AGREE. IT'S THE ESTABLISHED IT HAS BECOME THE ESTABLISHED CHARACTER OF THE AREA. OKAY. ANY OTHER COMMISSION YOU'D LIKE TO ADD? O ZUNA. COMMISSIONER ZUNA. I RECALL ALSO THAT THE UH, USE OF THE CORRUGATED HELPS PREVENT LIKE RODENTS GETTING BETWEEN THE, UH, FROM THE, EITHER THROUGH THIS PROPERTY TO THE OTHERS. AND IT'S FORM OF KIND OF A PEST CONTROL. PEST CONTROL. 'CAUSE THE CORRUGATED FENCE ALSO MINIMIZES THE RODENTS COMING IN AND OUTTA THE PROPERTY. OKAY, ANYONE ELSE LIKE TO ADD HEARING? NONE OF US HAVE A ROLL CALL VOTE REGARDING THE CORRUGATED FENCE. COMMISSIONER MANNA? I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER IBANEZ, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BURTON, I CONCUR. COMMISSIONER STEVENS, I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER AVILAS? I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER UNA? I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 11 TO ZERO. UH, DID ANY COMMISSIONER WANT TO READ, UH, THE SURFACE REQUIREMENT? UH, SURFACE PORTIONS HEARING NONE? UH, SO SIR, WHAT HAPPENED IS, UH, THE CORRUGATED METAL PASSED? YES, SIR. UH, SO THAT'S LOCKED IN, BUT THE SURFACE REQUIREMENTS DID, DIDN'T, UH, WAS NOT READ AS A MOTION. SO IT DIES BY LACK OF MOTION. UH, STAFF CAN FURTHER DISCUSS WHAT THAT MEANS AND WHAT AND WHAT YOU CAN DO ABOUT IT. BUT AS, AS MENTIONED BEFORE, IT'S ONLY THE DRIVE LANES THAT HAVE TO BE PAVED. NOT ALL THE PARKING SPACES. SO, OKAY. SO IF YOU WANTED TO, UH, COMMUNICATE WITH STAFF A LITTLE BIT, IF YOU HAVE ANY QUESTIONS, UH, THEY COULD MEET YOU OUTSIDE. OH, THANK YOU, SIR. YES, SIR. THANK YOU. ITEM 11, PLEASE. I MEAN, ITEM 10, APOLOGIZE. ALL RIGHT, SO ITEM NUMBER 10 IS GONNA BE BO OA 24 DASH 1 0 3 0 0 0 4 3. UH, ADDRESS BEING 9 9 1 1 INTERSTATE 35 NORTH. UH, COUNCIL DISTRICT TWO, UM, APPLICANT BEING THE, UH, RESTAURANT REPAIR COMPANY. UH, A REQUEST FOR A 40 FOOT VARIANCE FROM THE MINIMUM 60 FOOT NORTHEAST GATEWAY CORRIDOR FRONT SETBACK TO ALLOW A STRUCTURE TO BE 20 FEET FROM THE CORRIDOR. FRONT SETBACK ZONING IS I ONE THE SUBJECT PROPERTY IS LOCATED WITHIN THE NORTHEAST GATEWAY CORRIDOR ALONG NORTH INTERSTATE 35 NORTH SOUTH OF UH, THOUSAND OAKS DRIVE. NEAR WHIRLWIND DRIVE. THE APPLICANT IS REQUESTING A 40 FOOT VARIANCE TO ALLOW A STRUCTURE REFERRED TO AS BUILDING TWO TO BE LOCATED 20 FEET FROM THE CORRIDOR. FRONT SETBACK PROPERTY LINE, THE NORTHEAST GATEWAY CORRIDOR IS, WAS ESTABLISHED BY ORDINANCE OF 9 9 3 5 8, DATED JUNE 24TH, 2004 AND HAS REQUIRED A 60 FOOT FRONT SETBACK FOR PROPERTIES FRONTING THE INTERSTATE 35. IN REVIEWING HISTORICAL [03:05:01] AERIAL IMAGES, THE STRUCTURE WAS BUILT WITHOUT A PERMIT SOMETIME BETWEEN 2019 AND 2021. THE ISSUANCE OF A BID BUILDING PERMIT IS PENDING THE OUTCOME OF THE BOARD OF ADJUSTMENT. AND THIS IS THE SITE PLAN. UH, SUBJECT PROPERTY. SUBJECT PROPERTY. UH, THIS IS BUILDING TWO, UM, WHERE IT'S LOCATED. BLESS YOU. UH, THIS SHOWS THE DIFFERENT, UH, THE DISTANCE BETWEEN BUILDING TWO AND WHERE, UM, INTERSTATE 35 FRONTAGE IS CURRENTLY LOCATED. AND THEN THIS IS THE OPPOSITE VIEW OF THAT. AND THESE ARE, UM, HISTORICAL VIEWS OF THE SUBJECT PROPERTY DATING FROM 2007 2019. 2021 AND 2022. 2022 IS APPROXIMATELY WHAT IT LOOKS LIKE TODAY. THIS IS THE EAST VIEW OF THE SUBJECT PROPERTY IN THE SURROUNDING AREA. AND THEN THE WEST VIEW OF SUBJECT PROPERTY. UH, STAFF RECOMMENDATION FOR CORRIDOR FRONT SETBACK STAFF RECOMMENDS DENIAL IN BOA 24 DASH 0 3 4 3 BASED ON THE FOLLOWING FINDINGS. OF FACT, THE STRUCTURE BEING ONLY 20 FEET FROM THE GATEWAY CORRIDOR FRONT SETBACK NEGATIVE NEGATIVELY IMPACTS THE RIGHT OF WAY ALONG THE FRONT PROPERTY LINE. AND TWO, THE REQUEST APPEARS OUT OF CHARACTER FOR THE AREA AND INJURES IN NEIGHBORING PROPERTIES. UH, THERE WERE FIVE NOTICES MAILED OUT. ZERO IN FAVOR, ZERO IN OPPOSITIONS. NO NEIGHBORHOOD, UH, UH, ASSOCIATION WITHIN THAT AREA. THAT CONCLUDES STAFF PRESENTATION AND THE APPLICANT AS REPRESENTATIVE. REPRESENTATIVE IS AVAILABLE. SO, SO COULD YOU BRING UP THE MAP AND JUST POINT TO WHICH PIECES, YOU KNOW, SO THERE'S LOTS OF COMPONENTS FLYING BY. I JUST WANNA MAKE SURE. OH, YES, YES. TALK ABOUT THERE. YES. SO IT'S GONNA BE THE ONE THAT SAYS RESTAURANT. LEMME GO BACK THE, THE ONE WE WERE JUST AT THE FRONT, THE MAILING. THIS ONE HERE. OKAY. YOU WERE TALKING ABOUT THIS ONE HERE, CORRECT? THERE'S AN AERIAL ONE WITH A YELLOW RECTANGLE ON IT. OKAY. GO. UH, ARE YOU TALKING ABOUT THE BEGINNING? I THINK IT'S AT THE BEGINNING. IT'S UNDER LIKE THE STEP PRESENTATION. YEP. AND THEN YOU SLIDE GO DOWN. IT LOOKS LIKE THERE'S A TRAILER THERE AS WELL. YES. SO THE, THE WHOLE SUBJECT PROPERTY IS THE, JUST A LITTLE THINGY HERE IS GONNA BE THE SQUARED OFF AREA HERE. OKAY. THIS HERE REPRESENTS THE MAIN OFFICE AREA AND THIS IS THE ADDITION THAT THEY HAVE ADDED. SO THE MAIN OFFICE IS GRANDFATHERED THE MAIN OFFICE, YES. HAS BEEN THERE AT LEAST DATED SINCE, UH, 2007. WE COULD SEE THAT FROM THE AERIAL VI, UH, PHOTOS. AND THEN THIS IS THE ADDITION THAT THEY ADDED IN. NOW ALL OF THIS HERE IS GOING AWAY. THEY'RE, THIS IS A DIFFERENT SUBJECT ALL, ALL THE WAY AROUND AS WELL AS THE, UM, UH, CONEX THAT WAS IN FRONT OR RIGHT HERE. THAT'S ALL. THAT'S NOT GONNA BE, THAT'S GOING AWAY. WE'RE JUST TALKING ABOUT THIS BUILDING HERE. THERE'S NO ISSUE WITH THE BARBED WIRE FOR THE, THAT'S ON THE FENCE THAT WAS NOT IDENTIFIED DURING THAT TIME. SO LET ME SAW IT IN ONE OF YOUR PICTURES. THAT'S WHY I WAS ASKING. YEAH, JUST THE, ONE OF THE PROPERTY WHERE IT, UH, KEEP GOING. IT'S LIKE THE SURROUNDING AREA OR, NO, THERE WE GO. THIS, THIS ONE HERE, CORRECT. YEAH. AND THEN THAT SAME PICTURE ALSO SHOWED, NOT, MAYBE NOT THAT PICTURE, BUT, WELL, IT'S THE OPPOSITE. SO WHEN YOU'RE STANDING FACING THE INTERSTATE, YOU'RE GONNA SEE TWO DIFFERENT VIEWS. SO THIS IS KIND OF IN BETWEEN THIS, UH, CONEX, UH, AREA. AND THEN ON THE OPPOSITE SIDE WOULD BE THE ACTUAL BUILDING IT LOOKS LIKE. I ALSO WANTED TO ASK IT, IT LOOKS LIKE THERE'S THREE PHASE ELECTRIC POLES THAT ARE RUNNING JUST NEAR THAT FENCE LINE. UM, AND ARE THEY, SO WE'RE, WE'RE NOT BREACHING ANY, THIS BUILDING'S NOT BREACHING ANY MORE THAN 20 FEET CLOSER TO THOSE UTILITY POLES, CORRECT? I DON'T BELIEVE SO. FROM THE UTILITY POLES, I DON'T, I DON'T THINK IT WAS GOING ANY FURTHER THAN THAT. OKAY. ALRIGHT. UH, IS THERE ANY, UH, COMMISSIONER QUESTIONS BEFORE WE MOVE CRUZ? THE APPLICANT, COMMISSIONER CRUZ, UH, FOR STAFF? SO HOW DID WE GET THIS NOTICE NOW OR HOW DID THIS COME UP? UH, UPON US? I BELIEVE THIS WAS, UM, A CODE ENFORCEMENT, UH, CASE. AND I BELIEVE IT HAD TO DO WITH THE CONEXES INITIALLY. IF I'M REMEMBERING CORRECTLY, THE CONEXES WERE THE ISSUE GENERALLY, AND THEY'RE ALREADY BEING HANDLED BY A DIFFERENT SITUATION. UM, BUT I THINK THAT LED INTO LOOKING AT THE, THE REST OF THE PROPERTY AS WELL. AND THEN THAT'S WHEN THAT WAS NOTICED. WELL, [03:10:01] AND, UM, THE, THE PERMITS PENDING AS WELL? THAT'S CORRECT. YEAH. THEY DID NOT HAVE A PERMIT. OKAY. OKAY. THANK YOU. SO YOU'RE FROM THE APPLICANT, PLEASE. ALL RIGHT. STATE YOUR NAME AND TELL US ABOUT YOUR CASE. GOOD AFTERNOON EVERYBODY. UH, BRITTANY PLEASANT. I AM REPRESENTATIVE FOR THE RESTAURANT REPAIR COMPANY. THIS IS MR. KENNETH GRIFFIN. HE IS THE OWNER OF THE RESTAURANT REPAIR COMPANY. UM, WE DO HAVE A SMALL PRESENTATION HERE, UH, BUT JUST TO GIVE SOME HISTORICAL INFORMATION. UM, THE ORIGINAL, UH, VARIANCE REQUEST WAS FOR 30 FEET, WHICH IS FLUSH WITH THE HOME THAT, I'M SORRY, THE BUILDING THAT IS GRANDFATHERED IN. UM, THERE IS AN, THERE WAS AN EXISTING SLAB AT THE TIME THAT MY CLIENT CAME INTO POSSESSION OF THE PROPERTY. AND THEN, UH, A BUILDING WAS THEREAFTER, IT WAS A STORAGE BUILDING WAS THEREAFTER BUILT ON THAT, UH, SLAB. AND SO WHAT WE'RE REQUESTING THERE, UH, AFTER, UH, WORKING WITH SOME ENGINEERS AND GETTING A SITE PLAN, WE DID FIND THAT THERE IS A SMALL CORNER OF THAT, UM, OF, OF THAT, UH, THAT, THAT CONCRETE SLAB, UH, THAT FALLS RIGHT WITHIN THAT 30 FEET, UH, SETBACK. AND SO WHAT WE'RE LOOKING FOR, WE ARE WORKING WITH CODE COMPLIANCE, AS THEY SAID, UH, TO GET EVERYTHING, UM, TAKEN CARE OF THERE. WE, THERE WAS MORE THAN ABOUT $12,000 SPENT ON GETTING THAT BUILDING INTO CODE BEFORE ANYBODY BROUGHT IT TO THEIR ATTENTION THAT THERE WAS A SETBACK ISSUE. AND SO, UM, WHERE WE ARE TODAY IS, UH, IS JUST TRYING, SO THIS IS NOT THE BUILDING. UM, THOSE ARE CONEX BOXES THERE, BUT IF, UH, DO WE HAVE A RIGHT THERE? YES. ALL RIGHT. BUT IF WE'RE ABLE TO PULL THAT UP AS YOU, SO THE NEXT OH, THANK YOU. SO AS YOU CAN SEE, THIS IS THE SITE PLAN THAT WE WERE GIVEN. IF YOU SEE THE SECOND ONE THAT PROPOSED RIGHT THERE, IT WILL, AND I DON'T, DOES THIS POINT RIGHT THERE? OKAY. UM, THERE IS A SMALL CORNER OF THAT AND IT, IT'S, IT'S ACTUALLY A LITTLE BIT SMALLER THAN THAT. BUT FOR THE PURPOSE OF THIS, UH, SITE PLAN, THAT CORNER RIGHT THERE IS WHAT FALLS RIGHT WITHIN THAT 30 FOOT SETBACK. OF COURSE, THE FIRST BUILDING BEING GRANDFATHERED IN, IF YOU CAN GO TO THE NEXT ONE. ALRIGHT. UM, THIS IS, AND THEN THE NEXT ONE, THIS IS THE ORIGINAL, AND THEN THIS IS THE PROPOSED RIGHT HERE. YEAH. SO YOU CAN SEE KIND OF THAT CORNER RIGHT THERE. SO IT'S ABOUT SEVEN FEET WITHIN THAT SETBACK. AND SO THAT'S WHY WE WERE REQUESTING, UH, THE, UH, ABILITY TO, UM, KEEP THE BUILDING THERE AS WE, UH, KEEP MOVING FORWARD ON THE ZONING AND YOU MOVE FORWARD. OKAY. AND SO HERE'S SOME OTHER, UM, PICTURES OF HOW IT IS SITUATED RIGHT NOW. THIS IS THE BUILDING THAT WE'RE TALKING ABOUT. UH, MS. MELANIE DID POINT OUT HERE THAT THAT IS A, UM, THAT'S A CONEX BOX THAT WILL BE REMOVED. AND SO IT IS NOT WITHIN THIS, THE, THE, THE 20, THE 2030 FOOT SET BACK THERE. UM, THIS IS ALSO WHERE YOU CAN KIND OF SEE WHERE WE ARE WITHIN THAT CORRIDOR. AND THEN RIDING UP TO IT ON THE 30, UM, ON, ON 35 ON THE 35 FRONTAGE ROAD. NEXT ONE, PLEASE. ALRIGHT. AND SO THIS IS JUST KIND OF TO GIVE AN IDEA OF HOW FLESH THAT SECOND BUILDING IS WITH THE FIRST BUILDING. UM, AT THE TIME THAT THE RESTAURANT REPAIR COMPANY TOOK, UH, TOOK, UM, UH, UH, BEGAN USING THE PROPERTY, EXCUSE ME, THAT, UH, THIS, THAT SLAB WAS ALREADY THERE. AND SO IT IS FLUSH WITH IT. IT'S NOT IMPEDING ANY, ANY OF THE, UH, THE, THE NEIGHBORING BUSINESS' ABILITY TO SEE ANYTHING OR, UH, IT'S, IT'S NOT ANY, UH, IT'S A LITTLE BIT HIGHER THAN THIS BUILDING, BUT IT'S NOT IMPEDING ANYBODY BEING ABLE TO LOOK AROUND THAT CORNER. UH, AND UH, AND THIS PROPERTY ITSELF IS A LITTLE INTERESTING IN THAT IT IS THE ONLY ONE THAT'S ZONED INDUSTRIAL. AND THEN ON ONE SIDE IS RESIDENTIAL AND THE OTHER ONE IS COMMERCIAL, UM, IN THIS PARTICULAR AREA. SO IF YOU GO TO THE NEXT ONE. OKAY. AND THIS IS JUST ANOTHER, UH, PICTURE. SO BUILDING ONE, BUILDING TWO, I HAVE IT BUILDING THREE, BUT AGAIN, THOSE ARE CON STORAGE BOXES THAT ARE THERE, UH, IF YOU MOVE FORWARD. OKAY. SO THESE WERE THE CONSTRUCTION PLANS THAT WERE GIVEN, AND THAT'S JUST KIND OF FOR BACKGROUND AND YOU MOVE FORWARD THERE. OKAY. AND ALSO THE BUILDING, UH, THE BUILDING PROPOSAL WAS THERE AS WELL. AND SO FOR BUILDING ON THERE, UH, WE WERE ALREADY GETTING ZONING AND EVERYTHING TAKEN CARE OF. NEXT ONE. OKAY, SO THIS IS THE BUILDING RIGHT NEXT TO, UM, OUR BUILDING ONE. SO THIS IS WHERE THE PROPERTY LINE IS, AND THEN YOU'LL FIND THAT THE BUILDING RIGHT NEXT TO IT, WHICH IS A HOTEL, UM, IS RIGHT AT THAT 30 FOOT SETBACK. AND SO IT IS FLUSHED, THE NEIGHBOR, THE NEIGHBORING, UH, PROPERTIES ARE NOT BEING AFFECTED, UH, NEGATIVELY. I KNOW, UM, STAFF SAID THAT THEY WOULD BE AFFECTED NEGATIVELY, BUT THIS IS THE NEIGHBORING PROPERTY. SO THEY'RE RIGHT ON THE SAME LINE AS OUR, UM, [03:15:01] AS OUR BUILDINGS, WHICH ARE FLESH. AND YOU CAN MOVE FORWARD. THANK YOU. THIS IS THE, AND THIS IS JUST KIND OF SHOWING THE USE OF THAT BACK LAND MOVE FORWARD. THANK YOU. UM, SAME THING HERE. AND SO THIS IS WITHIN THAT, UH, GOING BEYOND THAT 60 FOOT SETBACK, IF YOU SEE THIS RIGHT HERE, UH, WE, IT WAS, UM, IT WAS CHARACTERIZED IN OUR VARIANCE, UM, OUR VARIANCE APPLICATION AS KIND OF CALICHE ROCK, SOME OF THAT ROCK THAT IS REALLY DIFFICULT TO DIG INTO, UH, ANY FURTHER BACK. UM, OR TO DEVELOP FOR THAT MATTER, CAN YOU MOVE FORWARD? OKAY. AND THEN THIS IS JUST KIND OF AGAIN, SEEING HOW FLESH THAT BUILDING TWO IS WITH BUILDING ONE. THERE REALLY IS NO DIFFERENCE RIGHT THERE. AND SO, UH, AND, AND OF COURSE FROM THE, UM, FROM THE END OF THE, THE FRONTAGE ROAD, THANK YOU. THIS IS THE, UH, THERE IS A UTILITY USAGE, UM, EASEMENT IN THE BACK OF THE PROPERTY. AND IF YOU MOVE FORWARD, AND WHAT YOU'LL SEE HERE IS THAT A LOT OF THAT, UH, MANY TIMES AND, UH, THOUGH THERE, YOU KNOW, TEARING DOWN THE FENCE AND EVERYTHING RIGHT THERE IN THE BACK, THEY ARE USING THE PROPERTY TO GET TO THOSE UTILITY EASEMENTS IN THE BACK, WHICH HAS MADE IT DIFFICULT FOR THE CLIENT, UH, FOR MY CLIENT TO, UM, PERFORM THE WORK THAT THEY DO, UH, SUFFICIENTLY AT ALL TIMES. UH, AND OF COURSE THE ALLOWING THAT, THAT EASEMENT AND ALLOWING THEM TO GET THROUGH AND TO THE PROPERTY IS OF COURSE IN THE BEST INTEREST OF THE PUBLIC MOVE FORWARD. OKAY. AND AGAIN, THIS IS JUST SHOWING KIND OF HOW THAT THAT BACK PORTION OF THE PROPERTY IS CURRENTLY BEING USED BY THE CITY MOVE FORWARD. OKAY. AND THEN OF COURSE, THE, UH, BACK PORTION OF WHERE THAT'S BEING USED MORE SO FOR THE CARS. 'CAUSE AGAIN, THAT THE TYPE OF SEDIMENT THAT IS THERE IS MORE THAT HARD CALICHE ROCK THAT IS DIFFICULT TO DEVELOP, MOVE FORWARD. OKAY. AND THEN THESE ARE JUST, I'M GONNA, I'M GONNA HAVE TO STOP YOU. OKAY. YOU'RE SPENDING A LOT OF TIME TALKING ABOUT DEVELOPING IN THE REAR OF YOUR PROPERTY. ALL WE REALLY WANT TO KNOW ABOUT IS WHY YOU FEEL IT'S NECESSARY FOR YOUR BUILDING TO BE 20 FEET WHEN IT NEEDS TO BE 60 FEET AWAY FROM THE TEXTILE RIGHT AWAY. I APOLOGIZE. THE, SO THE REASON THAT THE, UM, THE REASON THAT WE ARE ASKING FOR THE BUILDING TO BE 20 FEET, ONE IS THAT IT WAS, UM, IT WAS BUILT ON A SLAB THAT WAS ALREADY IN, UM, THAT WAS ALREADY IN EXISTENCE. NOT ONLY THAT, BUT WHAT WE ARE ASKING FOR IS, IS AGAIN, WHAT WE ASKED ORIGINALLY FOR WAS THE 30 FEET. BUT, UM, WHAT WE ARE JUST ASKING THAT WHAT IS THERE CAN REMAIN, AND THE BIGGEST REASON IS BECAUSE IT'S RIGHT NEXT TO THE OFFICE WHERE EVERYTHING IS TO BE STORED. THAT IS A WORKING SPOT THAT IS A WORKING PLACE, UM, FOR THE, AND THE REASON THAT I WAS SPENDING SO MUCH TIME ON THE USE OF THE PROPERTY IS BECAUSE THE REST OF THAT PROPERTY, IF WE ARE TO, IF WE ARE TO ATTEMPT TO DEVELOP IT, THERE'S NOT A, UM, THERE'S NOT REALLY A PORTION OF THE PROPERTY THAT CAN DUPLICATE WHAT THAT, UH, WHAT'S ON THAT SLAB, WHICH IS THAT STORAGE BUILDING. AGAIN, IT IS DIFFICULT TO DEVELOP BACK THERE. IS THAT BUILDING ACCESS FROM THE, FROM THE EXISTING BUILDING ON THE SIDE, ON THE COMMON COMMON JOINT LINE? CAN YOU ASK THAT ONE MORE TIME? SO, UM, I'M GONNA, I'M GONNA REFER TO THE EXISTING BUILDING AS THE, THE ONE WITH THE TEAL ROOF ON IT. OKAY. AND THEN THERE'S A GRAY ROOF ONE. THAT'S THE ADDITION THAT'S IN QUESTION. SURE. UH, IS, IS ON THAT COMMON LINE, IS THERE INTERIOR ACCESS BETWEEN THE TWO BUILDINGS OR DO YOU HAVE TO ACCESS IT FROM THE OUTSIDE? HAVE TO ACCESS IT FROM THE OUTSIDE. OKAY. SO IT DOESN'T REALLY MATTER THEN WHETHER THE BUILDING IS IN THAT SPECIFIC LOCATION ADJOINING THE EXISTING BUILDING OR IF IT WAS SCOOTED BACK? I'M, I'M TRYING TO FIGURE OUT LIKE THE NECESSITY OF IT BEING THERE. I MEAN, THERE'S AN EXISTING SLAB, BUT THERE, THERE MAY HAVE USED TO HAVE BEEN A BUILDING THERE AT SOME POINT THAT WAS KNOCKED DOWN, LEAVING A SLAB. LIKE THAT SLAB WASN'T BUILT FOR A, FOR A TEMPORARY BUILDING OR FOR SOME OTHER PURPOSE. I DON'T KNOW WHAT IT WAS BUILT FOR, BUT WE DO KNOW THAT IT WAS LEGALLY PERMITTED. SO IF YOU'RE GONNA SPEAK, YOU NEED TO ANNOUNCE YOURSELF AND SPEAK INTO THE MICROPHONE PLEASE. OKAY, FINE. I'M KENNETH GRIFFIN AND MY COMMENTS WITH REGARD TO THE BUILDING TWO OF THE GRAY BUILDING ARE THAT THAT SLAB THAT IT WAS BUILT ON WAS THERE PREEXISTING WHEN WE MOVED IN AND PRIOR TO DOING THE BUILDING, WE CHECKED TO SEE IF IT WAS LEGAL AND LAWFUL AND WE FOUND THAT IT WAS, SO YOU FOUND A PERMIT FOR IT? MM-HMM. , UH, AS A SLAB. MM-HMM. . MM-HMM. DOES A CITY PERMIT JUST SLABS LIKE THAT? IF IT'S JUST A PIECE OF SLAB IN THE, UH, BACK OF THE PROPERTY, THERE'S NOT A REQUIRED PERMIT FOR IT. IF IT IS, UM, GOING TO BE PARKING OR SOMETHING TO THAT EFFECT, THEN YES, THERE'S GOING TO BE, UH, PERMITS THAT WOULD BE REQUIRED. WAS IT, DID IT, WHEN DID YOU MOVE INTO THE PROPERTY, SIR? I THINK AROUND THE EARLY PART OF 2021. OKAY. AND THE, AND THE, THE, THE, UH, UH, CORRIDOR IN WHAT YEAR [03:20:08] CORRIDOR CAME INTO EFFECT? JUNE 24TH, 2004. 2004. OKAY. SO, AND, AND YOU HAVE NO IDEA ABOUT THE AGE OF THE SLAB AND IS IT A STANDARD FOUNDATION SLAB OR IS IT JUST FLAT WORK? UM, I CAN, I THINK THE PERMITS WERE IN 2011, I THINK BECAUSE IT WAS MORE THAN JUST THAT SLAB. THERE WERE OTHER ITEMS THAT LOOKED LIKE DRIVEWAYS. OKAY. BUT IT, BUT IF THE QUARTER DISTRICT CAME OUT IN 2007 AND SOMEBODY WANTED TO BUILD, UM, SOMETHING OF, AS A RAISE, IT'S RAISED CORRECT? IT'S NOT FLUSHED WITH THE GROUND. IT'S ACTUALLY ELEVATED A LITTLE BIT, YEAH. MM-HMM. , YES. IF SOMEBODY WANTED TO BUILD A FOUNDATION, WE'RE CALLING IT A SLAB, BUT IT'S REALLY MORE OF A FOUNDATION THAT WOULD'VE BEEN IN CONFLICT WITH THE CORRIDOR DISTRICT, IS THAT CORRECT? TYPICALLY, UM, IF IT WAS CONSIDERED SITE WORK AND IT WAS JUST MEANT TO BE DRIVEWAY OR PARKING, THAT WOULD NOT HAVE BEEN IMPACTED. BUT IF THERE WAS A STRUCTURE YES, THAT WOULD EVER SEE WHAT I'M, WHERE I'M GOING WITH IT IS IF IT WAS CONSTRUCTED TO BE LIKE A FOUNDATION WHERE IT'S RAISED ABOVE THE GROUND SUBSTANTIALLY, UH, IT MAY HAVE HAD A, AN INTENDED PURPOSE TO, LET'S SAY HOUSE A METAL BUILDING ADDITION OR SOMETHING. UM, BECAUSE HE'S, HE'S BRINGING THE APPLICANT IS BRINGING UP THE POINT THAT HIS, HIS MAIN PREMISE FOR ALLOWING SOMETHING THERE IS THAT THERE WAS ALWAYS AN INTENT TO BE SOMETHING THERE BECAUSE IT'S, IT WAS A SLAB. AND SO I'M JUST TRYING TO CLARIFY WHETHER, UM, IF IF SOMEBODY TRIED TO PULL A FOUNDATION PERMIT IN THE CORRIDOR DISTRICT, WOULD THAT ALONE TRIGGER, UM, THE SETBACK ISSUE ISSUE? I DO SEE A, UM, PERMIT HERE IN THE, UM, FOR A FOUNDATION ONLY ADDITION FOR LOADING DOCK TO INCLUDE CONCRETE FLAT WORK, FENCING AND LANDSCAPING. OKAY. AND, BUT BECAUSE THERE'S NOTHING, THERE'S NO SUPER STRUCTURE THAT WOULDN'T NECESSARILY BE A CONFLICT WITH THE SETBACK, CORRECT? CORRECT. OKAY. SO DOES EVERYBODY UNDERSTAND THE QUESTION? OKAY, SO WHAT'S HAPPENING IS THE COURT, THE CORRIDOR DISTRICT, UH, OVERLAY CAME OUT IN 2004 OR TWO, RIGHT? OKAY. AND PRIOR TO OR AFTER 2004, AFTER THE CORRIDOR DISTRICT WAS IN EFFECT, WHOEVER OWNED THIS PROPERTY MOVED FORWARD WITH A FOUNDATION PERMIT. UM, AND WHICH IN OF ITSELF WOULDN'T BE A VIOLATION OF THE SETBACK 'CAUSE THERE'S NO SUPER STRUCTURE, MEANING ANYTHING ABOVE THE FOUNDATION. AND SO WHEN THE APPLICANT IS, UM, EXPRESSING THAT, YOU KNOW, THE REASON WHY THEY SHOULD BE ALLOWED IS BECAUSE THERE'S AN EXISTING SLAB, THAT ALONE DIDN'T REQUIRE AN ISSUE WITH THE SETBACK. IS THAT, UM, AM I, DOES ANYBODY HAVE ANY QUESTIONS FOR STAFF? I'M JUST, I'M TRYING TO DO THE BEST I CAN TO CORRELATE THAT INFORMATION. CORRECT. IT LOOKS LIKE WHEN IT WAS ORIGINALLY SUBMITTED, UM, THERE WAS POSSIBLY, UM, A BUILDING, BUT IT WAS CALLED OUT BECAUSE THE, AND THE CORRIDOR WAS ADOPTED AT THAT TIME THAT THEY WOULD MEET, UH, THE FRONT SETBACK OF THE LOADING DOCK SHALL BE A MINIMUM OF 60 FEET FROM THE ROAD. IT LOOKS LIKE THEY REMOVED THAT LOADING DOCK STRUCTURE THAT GOES OVER 36 GOT IT. INCHES TO MEET THE REQUIREMENT. BUT THE, UM, FOUNDATION ITSELF THAT STAYS FLAT WITH THE GROUND WOULD NOT STILL THERE WOULD BE ALLOWED. OKAY. SO IF THERE, I, I'LL OPEN THIS UP TO ANY COMMISSIONER QUESTIONS. MAD, SO, SO IF YOU GO TO THE FIRST PAGE OF THE, UH, CASE OR THE, THE COURT OR I GUESS THEIR CASE DOCUMENT AND IT HAS THE OVERALL, THE OVERHEAD PICTURE AND YOU HAVE THE TEAL BUILDING VERSUS THE GRAVE STRUCTURE THERE. AND SO, SO I GUESS THE QUESTION FOR THE APPLICANT IS, WHAT IS THE, WHAT IS THE LENGTH OR DEPTH OF THOSE BUILDINGS? BOTH. SO, 'CAUSE IT'S, 'CAUSE UM, I'M ASSUMING IT, IT, THE FIRST ONE IS ONLY 20 FEET OFF OF THE STREET AND NOW IT'S CHANGED, SO IT HAS TO BE 60 FEET OFF. SO THE FIRST ONE IS, IS GRANDFATHERED IN OR, OR, OR IS PERMITTED. SO, SO, SO JUST TRYING TO UNDERSTAND THE, THE, THE DEPTH OF THAT BUILDING TO SEE IF, IF, YOU KNOW, SO I UNDERSTAND IN THIS THE RELATIONSHIP HERE, IN THIS PICTURE, YOU KNOW, THE SIZE OF THOSE TWO BUILDINGS. DO YOU WISH TO KNOW THE DIMENSIONS OF THE BUILDING? SURE. OKAY. THE GRAY BUILDING IS 30 FEET IN WIDTH AND 50 FEET IN LENGTH. CAN YOU SPEAK INTO THE MICROPHONE PLEASE, PLEASE? I'M SORRY. THANK YOU. YEAH. YEAH. THE, THE DIMENSIONS OF THE GRAY BUILDING ARE 30 FEET IN WIDTH AND 50 FEET IN LENGTH WITH THE OPENING FOR THE LOADING DOORS AT THE FAR END OF THE BUILDING, WHICH WOULD PROBABLY BE 60 FEET AWAY I THINK, FROM THE FREEWAY S SO ESSENTIALLY, UM, YOU KNOW, IT'S ALMOST AS IF THESE BUILDINGS WOULD NEED TO BE LINEAR, UM, YOU KNOW, TO BE PERMITTED SO, OR 15 FEET SHORT OF BEING LINEAR. SO THAT'S, THAT'S A DIFFERENCE BETWEEN THOSE TWO. CORRECT. IF I CORRECTLY, THE EXISTING TEAL BUILDING IS MEETS A, THE [03:25:01] HISTORIC 30 FOOT SETBACK FOR THE INDUSTRIAL ZONING, UH, IF THAT'S CORRECT. AND THEN THE, THE, THE BU THE BUILDING WITH THE GRAY ROOF IS AT ONE CORNER IS 30 AND IT GOES DOWN TO 20. YEAH. AND I, AND I WANT TO SAY THAT THE ANGLE OF OF, OF THE TWO BUILDINGS AND THE, AND THE HOTEL MAY HAVE PREDATED ANY EXPANSION OF THE HIGHWAY. PERHAPS. MAYBE THAT'S WHY IT'S, IT'S THE ANGLE'S OFF A LITTLE BIT. BUT WHO'S TO KNOW THE, DEFINITELY THE TEAL BUILDING WAS BUILT BEFORE THIS CORRIDOR WAS EVEN ADOPTED. YEAH. SO YES, THAT WOULD'VE BEEN GRANDFATHERED IN. ANYTHING AFTER THAT SHOULD COMPLY WITH. RIGHT. OKAY. SO IS UM, IS THERE ANY PUBLIC COMMENTARY? NO, WE DID NOT HAVE PUBLIC COMMENT ON THIS ITEM. SO IS THERE ANY OTHER, UH, QUESTIONS FROM THE COMMISSION? NO. OKAY. IS THERE ANY, AFTER YOU'VE HEARD A LOT OF OUR DISCUSSION, IS THERE ANYTHING ELSE YOU'D LIKE FOR US TO KNOW BEFORE WE DELIBERATE SOMETHING YOU GO, OKAY. WELL YOU CAN'T, WHEN YOU LOOK AT THE GRAY BUILDING, IF IT'S OF ANY RELEVANCE I GUESS ON ONE END OF THE BUILDING, THE FOUNDATION IS ABOUT FIVE FEET ABOVE GROUND LEVEL, YOU KNOW, AND SO I CAN CLEARLY SEE HOW IT WAS BUILT FOR A LOADING DOCK BECAUSE THEY ALSO ADDED IN A CONCRETE DRIVEWAY IN FRONT OF THAT LOADING DOCK SO THAT THEY COME THERE AND, AND I GUESS LOAD STUFF OFF OR SOMETHING. IT WAS GONNA BE SOMETHING AT ONE POINT PRIOR TO US. OKAY. OKAY. ALRIGHT, WELL THANK YOU FOR, FOR THAT. IS ANYTHING ELSE? OKAY, WE WILL LOOKING FOR A MOTION. I'LL READ IT AND THEN NOBODY WANTS TO, OKAY. REGARDING CASE NUMBER BO OA 24 DASH 1 0 3 0 0 4 3, I MOVE THAT THE BOARD OF ADJUSTMENT GRAND REQUEST FOR A 40 FOOT VARIANCE FROM THE MINIMUM 60 FOOT NORTHEAST GATEWAY CORRIDOR FRONT SETBACK TO ALLOW WAS STRUCTURED TO BE 20 FEET FROM THE QUARTER FRONT SETBACK SITUATED AT 9 1 99 11 INTERSTATE 35 NORTH APPLICANT BEING RESTAURANT REPAIR COMPANY. BECAUSE THE TESTIMONY PRESENTED US AND THE FACTS THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT, UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE REQUESTED VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST, AS THE FRONT SETBACK WILL NOT NEGATIVELY AFFECT THE RIGHT OF WAY ALONG THE FRONT PROPERTY. LINE. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. A LITERAL ENFORCE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP AS THE STRUCTURE WAS CONSTRUCTED TO ALIGN WITH THE ORIGINAL BUILDING TO MAINTAIN SAFETY EFFICIENCY OF DISTRIBUTION FOR EMPLOYEES AND CUSTOMERS. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUEST RE OBSERVES THE SPIRIT OF THE ORDINANCE THAT THE STRUCTURES DISTANCE FROM THE CORRIDOR WILL NOT IMPEDE CLEAR VISION REQUIREMENTS OR INJURE NEIGHBORING PROPERTY IN THE SUR SURROUNDING AREA. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DIS WITHIN THE DISTRICT WILL BE ALLOWED WITHIN THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THAT THE REQUESTED VARIANCE WOULD NOT INJURE NEIGHBORING CONFORMING PROPERTIES AND IS NOT OUTTA CHARACTER FOR THE AREA. SIX. THE PLIGHT TO THE OWNER OF THE PROPERTY OF WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY IN THE UNIQUE CIRCUMSTANCES, NOT CREATED BY THE OWNER OF THE PROPERTY, OR ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY'S LOCATED STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS A REGULAR SHAPE OF THE LOT AND PLACEMENT OF ORIGINAL STRUCTURE. END OF MOTION. SECOND. SECOND BY COMMISSIONER UNA, I'LL, I'LL START THIS OFF. UM, ONE OF THE THINGS I HAVE AN ISSUE WITH IS THAT IF YOU HAVE AN EXISTING SLAB, UH, THAT WAS BUILT AFTER THE CORRIDOR AND, AND, AND THERE WAS, UM, YOU KNOW, NO INTENT TO, TO VIOLATE ANY OF THE SETBACKS, I I DON'T SEE WHY WE SHOULD BE AUTHORIZING THAT AT THIS POINT IN SPACE POINT IN TIME. ALSO, THE CORRIDOR SERVES MANY PURPOSES, UH, TO CREATE THAT CLEAR PATH, BUT ALSO LARGER SETBACKS CAN ALSO ACCOUNT FOR ANY FUTURE EXPANSION OF THE HIGHWAY, WHICH I THINK IS NECESSARY. UM, AND A 40 FOOT DEVIATION IS TOO GREAT IN MY OPINION. UM, I COULD POSSIBLY LIVE WITH A 30 IF A COMMISSIONER WOULD LIKE TO MAKE AN AMENDMENT, BUT AT THIS POINT I'M NOT GONNA BE IN SUPPORT OF THE MOTION AS READ. COMMISSIONER OZ? YEAH, AND I WAS GONNA GO THE OPPOSITE. I SAY THAT, YOU KNOW, BASICALLY THE CONTINUATION OF THAT FRONT FACE OF THE EXISTING BUILDING IS MERELY A CONTINUATION OF, OF WHAT'S EXISTING SITUATION ON, ON THE PROPERTY. UM, I THINK GRANTED THE VARIANCE PROVIDES AN ECONOMIC USE OF THE PROPERTY THAT, YOU KNOW, PROVIDES UH, ABILITY FOR THIS BORROWER TO CONTINUE THE OPERATIONS OF HIS RESTAURANT SUPPLY COMPANY. AND, UH, I DON'T, I DON'T SEE WHERE THIS BUILDING IS GONNA [03:30:01] REALLY DEVIATE FROM, FROM THE INTENT OF THAT CORRIDOR. SO ANYONE ELSE LIKE TO ADD HEARING NONE? LET'S HAVE A ROLL CALL. VOTE PLEASE. CHAIR ORIAN. UH, I WILL NOT BE IN SUPPORT. COMMISSIONER O ZUNA? YES, I CONCUR. COMMISSIONER BARTON? I CONCUR. COMMISSIONER STEVENS? I DO NOT CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER MANA? I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER AVILES? I DO NOT CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER VASQUEZ? I CONCUR. ALL RIGHT. MOTION FAILS. SIX TO FIVE. UM, PLEASE GET WITH STAFFY IF ANY QUESTIONS? CHAIR, WOULD WE RECONSIDER ON THE PREVAILING SIDE AND ASK THE APPLICANT IF A 30 FOOT SETBACK AS YOU PROPOSE WOULD WORK FOR THE, WOULD A 30 FOOT SETBACK, UH, BE SUFFICIENT FOR YOU? THAT WOULD BE SUFFICIENT FOR US. ALRIGHT, THE BAILING SIDE. WOULD YOU BE WILLING I MOVE TO, UH, RECONSIDER? IS THERE A SECOND? SECOND. ALL RIGHT. ALL IN FAVOR SAY AYE. A AYE. ANY OPPOSED? AYE. HEARING NONE. UH, ITEM IS UP FOR RECONSIDERATION. I RE REREAD THE EXACT SAME MOTION I DID , EXCEPT I'M CHANGING 'CAUSE I'M NOT READING IT AGAIN. , I'M CHANGING, UH, THE 20 FOOT VARIANCE. SO A 30 FOOT VARIANCE STILL ALLOWS STRUCTURE TO BE AS CLOSE AS 30 FOOT, UM, TO THE PROPERTY LINE. SECOND. IS THERE A SECOND? OKAY. SECOND. BY COMMISSIONER ZUNA, LET'S HAVE A ROLL CALL. VOTE CHAIR. ORIAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER ZUNA? YES, I CONCUR. COMMISSIONER BURON? I CONCUR. COMMISSIONER STEVENS. I CONCUR. COMMISSIONER EZ? I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER AVILES? I CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER VASQUEZ? I CONCUR. IS THAT EVERYBODY? YES. ALL RIGHT. MOTION PASSES. NINE TO TWO. CONGRATULATIONS. THANK YOU. YOU CAN GO TO 30 FEET. ALRIGHT, THANK YOU. WE APPRECIATE YOUR HELP, . ALL RIGHT. ITEM 11 SEVEN. ALRIGHT, THIS IS ITEM NUMBER. OKAY. ITEM NUMBER 11 BO OA DASH 24 DASH 1 0 3 0 2 7. ADDRESS BEING 2 2 2 CASTROVILLE ROAD. UH, COUNSEL, DISTRICT FIVE, APPLICANT BEING JOSE MIGUEL FIGUEROA SERRO. UM, REQUEST FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A ONE INCH SIDE SETBACK. UH, ZONING IS GONNA BE R FOUR. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF SAN ANTONIO NEAR THE INTERSECTION OF BARCLAY STREET. THE PROPERTY WAS RECENTLY REZONED FROM COMMERCIAL TO RESIDENTIAL. THE REMAINDER OF THE BLOCK FACE IS ZONED COMMERCIAL WITH MOSTLY APPARENT A NON-CONFORMING RESIDENTIAL USE. THE ORIGINAL STRUCTURE HAD A REDUCED SETBACK AS A AS WAS PERMITTED WITH COMMERCIAL USE. HOWEVER, THE STRUCTURE WAS DEMOLISHED. THE NEW RESIDENTIAL STRUCTURE WAS BUILT ON THE SAME LOCATION. HOWEVER, MUST MEET THE CURRENT CODE BUILDING CODE, UH, OF FIVE FOOT SETBACK. THE MINIMUM LOT WIDTH IS 35 FEET. PROPERTY HAS 40 FEET WIDTH. IT'S A SITE PLAN SUBJECT PROPERTY SURROUNDING AREA. UH, STAFF RECOMMENDATION FOR SIDE SETBACK. UH, STAFF RECOMMENDS APPROVAL AND BOA TO FOUR DASH 0 3 0 24 BASED ON THE FOLLOWING FINDINGS OF FACT, OH, SORRY, TWO SEVEN. BASED ON THE FOLLOWING FINDINGS OF FACT, UH, ONE THE REQUESTED VARIANCE WILL NOT SUBSTANTIALLY, SUBSTANTIALLY ENDURE THE USE OF THE ADJACENT CONFORMING PROPERTY. AND TWO, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS INCREASED SEPARATION EXISTS WITHIN THE ADJACENT PROPERTY. UH, STAFF [03:35:01] MAILED OUT 42 NOTICES, ZERO IN FAVOR AND ZERO IN OPPOSITION. EL CHARO NEIGHBORHOOD ASSOCIATION PROVIDED NO RESPONSE. AND PROSPECT HILL NEIGHBORHOOD ASSOCIATION IS OPPOSED. OKAY. SO REALLY QUICKLY, BECAUSE OF ALL THE, UH, THE C TWO COMMERCIAL AND THE MIDBLOCK AND CASTRO WERE THESE ZONING CONVERSIONS THAT MADE IT C TWO. AND THE SECOND QUESTION I HAVE IS FROM THE AREA, IT LOOKS LIKE THIS WHOLE AREA IS LAID OUT WITH ZERO LOT LINES. IT SURE LOOKS LIKE ALL THE HOMES ARE RIGHT ON THE PROPERTY LINES. YES. UM, SO THAT IS CORRECT. WE MADE THAT OBSERVATION AS WELL AND WE CHECKED WITH PLATTING AND UNFORTUNATELY THERE IS NOT A PLAT THAT SHOWS ZERO LOT LINE SEPARATION, OTHERWISE WE WOULD'VE BEEN ABLE TO AVOID THIS . THEY DIDN'T DO, THEY DIDN'T DO IT THE WAY THEY DO IT TODAY, CORRECT. BACK THEN. CORRECT. OKAY. AND AS FAR AS THE CONVERSION, LET'S SEE, SEEMS LIKE AN ENORMOUS AMOUNT OF C DOWN THE MIDBLOCK. THERE WERE A LOT. YEAH, IT WAS ZONED F LOCAL RETAIL DISTRICT, SO YES. OKAY. MM-HMM, . ALRIGHT. WELL THANK YOU. UH, LET'S HAVE THE APPLICANT COME UP PLEASE. ALL RIGHT. STATE YOUR NAME, TELL US ABOUT YOUR CASE PLEASE. HI, MY NAME IS MIGUEL FIRO AND I'M HERE BECAUSE I WOULD LIKE TO HAVE LIKE, UH, TO HAVE THE PERMISSION TO CONTINUE WITH THIS BUILDING. LIKE YOU HEARD LIKE IT WAS A COMMERCIAL LOT AND WE DIDN'T KNOW ABOUT THIS PROBLEM UNTIL WE SWITCHED IT TO RESIDENTIAL. SO RIGHT NOW, UH, WE BUILT THE, THE NEW CONSTRUCTION ON THE EXISTING, UH, FOOTPRINT AND THAT HAPPENED. SO WE DON'T HAVE ANY SETBACK ON THE RIGHT SIDE. GOT IT. IS THERE ANY COMMISSIONER QUESTIONS? CRUZ COMMISSIONER CRUZ? UH, THIS WAS REPORTED BY SOMEONE. THAT'S WHY YOU'RE HERE? YES. OKAY. AND HOW LONG AGO DID YOU START BUILDING THIS? UH, ACTUALLY NO, NOBODY REPORT THIS ONE BECAUSE I, I REQUEST LIKE, UH, TO SWITCH LIKE FROM COMMERCIAL. OH, RESIDENTIAL. OH, OKAY. AND THEN WHEN I REQUEST THE INSPECTION FOR A BUILDING INSPECTION, UHHUH , THAT HAPPENED THAT, THAT'S WHEN IT CAME BACK. THEY TOLD ME ABOUT THE, THE SETBACK. OKAY. OKAY. AND HOW, WHEN DID YOU START, UH, MA UH, REDOING THIS HOME? LIKE SEVEN, EIGHT MONTHS AGO. OKAY. THANK YOU. MANNA COMMISSIONER MANNA. SO, SO I GUESS I'M CONFUSED A LITTLE BIT WITH REGARDS TO, SO WAS COMMERCIAL YOU WIND REZONE AT FOUR RESIDENTIAL? YES. YOU COULD HAVE BUILT A RESIDENTIAL ON IT. SO, SO JUST TRYING TO UNDERSTAND WHY YOU CONVERTED IT IF THERE WAS A REASONING FOR THAT. THAT I DON'T UNDERSTAND BECAUSE A LOT, IT'S TOO SMALL. IT'S NOT LIKE, UH, BIG ENOUGH FOR A COMMERCIAL, UH, FOR A BUSINESS. SO THE OWNER, I'M NOT THE OWNER, I'M JUST THE, THE CONTRACTOR. SO THE OWNER WANTS TO BUILD LIKE IN SMALL HOUSE, BUT WHEN WE TRY TO BUILD THE SMALL HOUSE, UH, THE CITY TOLD ME IT'S A COMMERCIAL LOT. SO YOU HAVE TO REASON YOU CAN ONLY, JUST TO CLARIFY, YOU CAN ONLY DO MULTIFAMILY WITH THE DENSITY OF 10 PER ACRE ON A, ON A C TWO LOT. IS THAT TRUE OR NOT TRUE? AND THEY ALSO HAVE TO BE THAT IS TRUE. YEAH. AND IT HAS TO BE CONNECTED TO A COMMER. YOU HAVE TO HAVE IT SET UP AS A, AS IT'S CONNECTED TO A, IT HAS TO BE A MIXED USE KIND OF BUILDING WHERE YOU HAVE LIKE COMMERCIAL OR OFFICE ON THE FIRST FLOOR AND THEN RESIDENTIAL. SO OKAY. SO YOU CAN'T HAVE A RESIDENTIAL ON A COMMERCIAL LAW, NOT A SINGLE FAMILY. CORRECT. YES. YOU CAN HAVE MULTIFAMILY UP TO 10 UNITS AN ACRE, BUT THEN THAT GETS A ISSUE IS IF YOU ONLY WANT TO DO ONE, IT'S NOT MULTIFAMILY ANYMORE. SO YOU IT WOULD, YEAH. YOU COULDN'T DO IT ON A C TWO. CORRECT. AND THE CONVERSION THAT YOU WERE PRO, ARE YOU TALKING ABOUT THE CONVERSION WHEN IT CONVERTED FROM M OR FROM F TWO C TWO? I DON'T KNOW WHAT IT WAS BEFORE . I JUST THOUGHT IT WAS PECULIAR THAT THERE WAS AN ENORMOUS AMOUNT OF C TWO MID-BLOCK ON A APPARENT RESIDENTIAL DEVELOPMENT. I DON'T KNOW HOW ELSE IT WOULD DO THAT WITHOUT A, A CONVERSION ISSUE. SO YOU COULD DO, UM, YOU ACTUALLY GET A DENSITY OF 33 UNITS PER ACRE IF IT WAS A PART OF THE CONVERSION. PART OF THE CONVERSION. CORRECT. BUT IF YOU ONLY BUILD ONE HOME, IT'S CONSIDERED SINGLE FAMILY. YOU'D HAVE TO BUILD AT LEAST TWO TO, TO INVOKE YOUR RIGHT FOR THE CONVERSION. IS THAT, I KNOW YOU'D HAVE TO BUILD 5 5, 5. YEAH. OKAY. GOT IT. I ALWAYS GOT THAT LITTLE MIXED UP. 'CAUSE THE CITY USES MULTIFAMILY THEN IT TALKS ABOUT TWO UNITS BEING, YEAH. OKAY. I'LL GET OFF ON THAT TOPIC. UH, IS ANY OTHER COMMISSIONER QUESTIONS? STEVENS? COMMISSIONER STEVENS. I JUST HAVE JUST A CLARIFICATION. THIS, THIS STRUCTURE WAS ORIGINALLY PERMITTED AS A COMMERCIAL BUILDING ON A C TWO LOT IS, IS THAT WHAT HAPPENED? AND THEN THEY REZONED TO R FOUR? IT, IT COULD BE THAT, UM, THERE WERE ALREADY RESIDENTIAL HOMES BUILT IN THIS WHOLE ENTIRE BLOCK. UM, BUT BECAUSE THE WAY THAT ZONING HAPPENED IN THE CITY WAS BACK IN 38, IT WAS CUMULATIVE ZONING. SO THAT [03:40:01] MEANS THAT YOU COULD DO NOT ONLY COMMERCIAL BUT RESIDENTIAL AND OTHER. YEAH. SO IT WAS LIKE A PYRAMID, RIGHT. SO YOU GOT KIND OF EVERYTHING. BUT THEN ONCE WE STARTED CLEANING UP THE CODE AND WE FINALLY GOT TO 2001, IT STUCK WITH WHATEVER THAT, UM, BASE ZONING WAS, WHICH WAS F WHICH CONVERTED TO A C TWO, WHICH IS COMMERCIAL. AND BECAUSE OF THAT, UM, THOSE HOUSES WOULD BE THERE BUT BECOME NON-CONFORMING. WE DON'T MAKE 'EM HAVE TO CONFORM TO THE COMMERCIAL. SO IT COULD BE THAT THE STRUCTURE WAS USED FOR COMMERCIAL AT SOME POINT, WHO KNOWS? UH, BUT MORE THAN LIKELY IT WAS ALWAYS USED AS A HOME. YEAH. MAY COMMISSIONER MAY IF YOU'RE FINISHED. SORRY, MS. STEVENS, ARE YOU FINISHED? YEAH. OKAY. SO, UM, DO WE HAVE THE LETTER FROM THE, FROM THE NEIGHBORHOOD ASSOCIATION? 'CAUSE I'M TRYING TO UNDERSTAND WHY THEY WOULD BE IN OPPOSITION. I'M NOT QUITE SURE. WE ACTUALLY HAVE HIM AS A PUBLIC SPEAKER. PERFECT. OKAY. YES, IF YOU WANTED TO. ALRIGHT. ALL RIGHT. STATE YOUR NAME, PLEASE STATE YOUR NAME AND TELL US YOUR THOUGHTS. WE ALSO, DEAN PILAN, UH, 24 10 WEST COMMERCE. I'M PRESIDENT OF THE HOMEOWNERS ASSOCIATION. WHEN I WENT OUT TO THE PROPERTY AND THERE WAS A SIGN, I LOOKED AT IT AND IT'S A BRAND NEW CONSTRUCTION. THEY TORE DOWN THE OLD HOUSE WHEN HE'S TELLING ME THAT THEY REMODELED THE OLD HOUSE AND THEN THEY CARRIED ON A GRANDFATHER C CLAUSE ALONG THE PROPERTY LINE TO ADD ON TO THE EXISTING HOUSE. UH, THE ADDITION IS 36 FEET, FIVE, UH, SIX INCHES. THAT'S A PRETTY BIG ADDITION. UH, APPARENTLY NOBODY CALLED INTO THE PLANS THAT THEY WERE GONNA BE ON THE PROPERTY LINE. THE ENGINEERS, EVERYBODY DID THE PLANS. THEY JUST SAID WE'RE GONNA FOLLOW THE GRANDFATHER CLAUSE, WHICH, YOU KNOW, I KNOW IT'S WRONG, BUT THEY DID IT ANYWAY. SO I TOLD 'EM EITHER WE CUT FIVE FEET OUTTA THE HOUSE ALL THE WAY DOWN OR WE FIRE RATE THE WHOLE THING. THAT WAY EVERYBODY'S SAFE IN THE NEIGHBORHOOD. SO HE'S AGREED TO, TO A UL NUMBER. THE FIRE RATE THAT FIVE FEET OR THAT FOUR FOOT 11. BUT WE'RE ALSO GONNA CUT THE OVERHANG BECAUSE ALL THE WATER'S GONNA BE DUMPED FROM THAT SIDE ONTO THE PROPERTY NEXT DOOR. SO HE'S AGREED WE'RE GONNA JUST CUT THE OVERHANG ALL THE WAY DOWN AND HAVE A FLUSH OVERHANG. AND THEN WE'RE GONNA DO A, A ONE HOUR FIREWALL ON THE STUCCO AND ON THE INSIDE SO WE HAVE ALL THE PAPERWORK DONE. SO THEY, THEY'VE AGREED TO IT. SO I'M, I'M FINE WITH IT. OKAY. ALRIGHT. MANNA COMMISSIONER MANNA. SO ONE OF THE THINGS WE ALSO TALK ABOUT ARE GUTTERS. WOULD GUTTERS BE OF ANY USE AT THIS POINT? AND WE DO SOMETIMES ASK THE APPLICANT, YOU KNOW, INCLUDE GUTTERS, YOU KNOW, SO THAT THEY DON'T CAUSE WATER RUNOFF TO THE PATIENT PROPERTY. YEAH, I MEAN, I MEAN WITH THE FIREWALL, I MEAN, THERE'S NO WINDOWS ON THAT SIDE. HE'S NOT GONNA PUT ANY WINDOWS. AND, AND THE FACT IS I'VE SEEN THE HOUSE. I WENT AND LOOKED INSIDE PRETTY GOOD CONSTRUCTION AND, AND THE FACT IS THEY FOLLOWED THE GRANDFATHER CLAW AND THEY THOUGHT THEY CAN JUST CONTINUE IT AND, UH, NOW HE KNOWS. OKAY. SO WE'RE OKAY WITH IT. ANY QUESTIONS? NOPE. THANK YOU. ALL RIGHT. ANY, UH, COMMISSIONER QUESTIONS FOR THE APPLICANT? DID YOU HAVE ANYTHING YOU WANTED TO ADD? NO, WE'LL ADD THE GUTTERS LIKE HE SAID. OKAY. UM, GREAT. LOOKING FOR A MOTION, ANNA. COMMISSIONER ANA, UM, REGARDING THE CASE NUMBER BO 8 2 4 1 0 3 0 0 0 2 7. I MOVE THAT THE BOARD ADJUSTMENT GRANDER REQUEST FOR FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A ONE INCH SIDE SETBACK SITUATED AT 2 2 2 CASTRO ROAD. APPLICANT BEING JOSE MIGUEL FIGARO. UH, SERRANO, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF PROPERTY SUCH THAT LAW ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY THE REDUCED SIDE SETBACK. WHILE THE SETBACK IS REDUCED, THE SETBACKS ARE ESTABLISHED WITHIN THE AREA THAT DIRECTLY ABUTS THE NEIGHBORING DRIVEWAY. TWO, DUE TO SPECIAL CONDITIONS THAT LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF DID FIND SPECIAL CONDITIONS ON THE PROPERTY THAT A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD CREATE AN UNNECESSARY HARDSHIP. THE PROPOSED DEVELOPMENT WOULD BE LIMITED IN AREA ON THE 40 FOOT LOT. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS INCREASED SEPARATION EXISTS WITH THE ADJACENT PROPERTY. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FORM PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT IN WHICH IS PROPERTY IS LOCATED. THE REQUESTED VARIANCE WILL NOT SUBSTANTIALLY, UM, INJURE THE USE OF THE ADJACENT CONFORMING PROPERTY AS THERE WILL BE SIGNIFICANTLY REDUCED DISTANCES BETWEEN STRUCTURES. SIX APPLY TO THE OWNER PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES ON THE PROPERTY. AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNERSHIP OF THE OWNER OF THE PROPERTY OR NOT MERELY FINANCIAL AND ARE NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT WHICH HIS PROPERTY IS LOCATED. [03:45:01] STAFF FINDS UNIQUE CIRCUMSTANCES AS EXISTING ON THIS PROPERTY THAT WARRANT THE APPROVAL OF A REDUCED SETBACK. THE CURRENT STRUCTURE AND STRUCTURES IN THE AREA MAINTAIN A SIMILAR SETBACK THROUGHOUT THE AREA. AND A MOTION SECOND. SECOND BY COMMISSIONER CRUZ. COMMISSIONER . GO AHEAD SIR. UM, YEAH, SO I, I THINK, UH, WITH THE ADDITION OF THE GUTTERS THAT YOU ALWAYS LIKE TO SEE THAT 'CAUSE WE, WE DO ENCOURAGE, UH, NON-IMPACT TO ADJACENT UH, PROPERTIES. UM, BEING THAT WE HAD THE NEIGHBORHOOD ASSOCIATION HERE REPRESENTATIVE, UH, KIND OF ALSO, UH, SHOWING, UH, THAT YOU'RE WORKING WITH THEM WAS GREAT AS WELL. SO, UM, SO I'LL BE, UH, PROVING THE MOTION IS READ. COMMISSIONER CRUZ? UM, YES, I AGREE WITH, UH, MR. MANNA AND WITH THE GUTTERS. I THINK THAT WILL HELP THE NEIGHBORS A LOT. THANK YOU. ANY OTHER COMMISSIONERS YOU'D LIKE TO ADD? HEARING NONE, ROLL CALL. VOTE PLEASE. COMMISSIONER MANA CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER BARON. I CONCUR. COMMISSIONER STEVENS. I CONCUR. COMMISSIONER ES I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER BEAVIS? I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER UNA? YES, I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR THE FINDINGS OF FACT. MOTION PASSES. CONGRATULATIONS. THANK YOU. IF YOU HAVE ANY QUESTIONS, YOU CAN TALK TO US THERE ALL. THANK YOU VERY MUCH. THANK YOU. ALL RIGHT, ITEM NUMBER 12. UM, COMMISSIONER, WHEN SOMEONE GETS A CHANCE, CAN I'VE LOST A VISUAL. I CAN, I HAVE AUDIO, BUT I I CAN'T SEE THE ROOM. OKAY. UH, STAFF IF THERE'S ANYONE IN IT STILL HERE. COMMISSIONER EZ. YOU CAN HEAR US THOUGH, RIGHT? YEAH, SHE CAN HEAR. YES, I CAN HEAR YOU. OH, THERE IT IS. THERE IT IS. I GOT IT. NOW I CAN SEE YOU. ALL RIGHT. AWESOME. ALRIGHT, ITEM NUMBER 12, BO OA DASH TWO FOUR DASH 1 0 3 0 0 0 3 1. ADDRESS BEING FOUR 15 CEDAR STREET COUNCIL DISTRICT ONE CLAUDIA BERTO, UH, BEING THE APPLICANT IS REQUESTING A TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ADDITION TO BE THREE FEET FROM THE SIDE SETBACK, UH, ZONING IS GONNA BE RM FOUR IN THE HISTORIC, UH, KING UH, WILLIAM DISTRICT. THE SUBJECT PROPERTY IS LOCATED WITHIN THE HISTORIC KING WILLIAM DISTRICT WEST OF HIGHWAY 2 81 EAST OF PROBAND STREET ON CEDAR STREET. THE APPLICANT ON BEHALF OF THE PROPERTY OWNER IS REQUESTING A TWO FOOT VARIANCE TO ALLOW AN ADDITION TO BE LOCATED THREE FEET FROM THE SIDE SETBACK. THE ADDITION WILL ALSO BE LIMITED TO FIVE FEET IN WIDTH DUE TO LIMITED SPACE IN THE RESIDENCE. A UTILITY CLOSET WAS CONSTRUCTED ON THE OUTSIDE OF THE HO HOUSE TO ACCOMMODATE A NEW WATER SOFTENER SYSTEM. FOR THE PROPERTY. THE APPLICANT IS SEEKING A VARIANCE OR THE VARIANCE TO COMPLETE THE CONSTRUCTION FOR THE ADDITION. THE ADDITION WILL BE LIMITED TO THE MAXIMUM WIDTH OF FIVE FEET. ADDITIONALLY, DUE TO THE HISTORICAL SIGNIFICANCE OF THE PROPERTY, THE PROPERTY OWNER WILL NEED TO OBTAIN AN APPROVED, A CERTIFICATE OF UM, APPROPRIATENESS WITH THE OFFICE OF HISTORIC PRESERVATION. IF THE VARIANCE IS APPROVED, THE APPLICANT WILL NEED TO APPLY FOR A BUILDING PERMIT AND COMPLY WITH ALL ASSOCIATED FIRE AND BUILDING CODES. THIS WOULD BE THE SITE PLAN. UH, THE AREA HIGHLIGHTED IN YELLOW IS CURRENTLY THAT LITTLE ADDITION TO THE SIDE OF THEIR PROPERTY. AND THIS IS THE SUBJECT PROPERTY AERIAL VIEW. UH, THIS IS THE ADDITION. UM, IT'S NOT FINISHED. UM, THEY HAD TO STOP WORK ON THAT. UM, THAT'S THE DISTANCE BETWEEN THE NEIGHBORING PROPERTY. THIS IS THE WIDTH THAT CAN EXCEED MORE THAN FIVE FEET. UH, THIS IS A VIEW OF THE PROPERTY IN 2022 PRIOR TO THE ADDITION, UH, VIEW ACROSS THE STREET AND THEN THE EAST AND WEST VIEW OF THE AREA. UH, FOR THE SIDE SETBACK VARIANCE, UH, STAFF RECOMMENDS APPROVAL WITH A LIMITED FIVE FOOT WIDTH FOR BO OA 24 DASH 1 0 3 0 0 0 3 1 BASED ON THE FOLLOWING FINDINGS OF FACT, THE ADDITION WILL NOT INJURE A NEIGHBORING LOT AS THERE IS ADEQUATE SPACE BETWEEN THE PROPERTIES. AND TWO, DUE TO THE LIMITED SIZE PROPOSED ADDITION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. UH, STAFF MAILED 27 NOTICES ONE IN FAVOR, ZERO IN OPPOSITION. AND KING WILLIAM NEIGHBORHOOD ASSOCIATION WAS IN FAVOR. AND THIS IS THE LETTER FROM THE KING WILLIAM ASSOCIATION. AND THIS IS THE OTHER, THE NEIGHBORING PROPERTY. AND THAT CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS AVAILABLE. ALL RIGHT. LET HAVE THE APPLICANT COME FORWARD. ALL RIGHT. STATE [03:50:01] YOUR NAME AND TELL US ABOUT YOUR CASE. HELLO, I'M CLAUDIA OW. AND THIS IS COLIN WHEELER. UH, WE BOTH LIVE AT FOUR 15 CEDAR. UM, SO, OKAY. YEAH. PERFECT. THANK YOU. UM, WE ARE REQUESTING THE VARIANCE ON THE SETBACK TO ACCOMMODATE THE STRUCTURE WE BUILT TO HOUSE THE WATER SOFTENER. UM, WHEN HE PURCHASED THE PROPERTY IN MARCH OF 2023. I WANNA POINT OUT THE WATER SOFTENER ALREADY EXISTED IN THAT LOCATION, SO IT WAS PLUMBED AND IT WAS JUST SITTING THERE EXPOSED TO THE ELEMENTS. THE, UM, INSPECTOR RECOMMENDED THAT WE HOUSE IT BECAUSE IT WAS INSTALLED JUST OUTSIDE, WHICH IS GONNA CAUSE DAMAGE TO THE SYSTEM AND CAUSE IT TO NOT FUNCTION PROPERLY. SO, UH, WE WENT WITH THE PLUMBER'S RECOMMENDATION ON THE MINIMUM SIZE OF THE STRUCTURE AND BUILT IT IN, INTEND TO FINISH IT IN THE SAME FASHION AND STYLE AS THE ORIGINAL HOUSE. OKAY. SEEMS SIMPLE ENOUGH. IS THERE ANY QUESTIONS FOR THIS APPLICANT? MANNA COMMISSIONER MANNA, DID YOU HAVE AN OPPORTUNITY TO TALK TO YOUR NEIGHBOR, UH, THAT SITS ON THAT SIDE, YOU KNOW, FOR THEIR PERSPECTIVE AND INPUT? YES, ACTUALLY I FORWARDED THE EMAIL THAT THEY WROTE TO ME IN APPROVAL, UH, YESTERDAY. SO THAT SHOULD HAVE BEEN INCLUDED IN THE PRESENTATION. THEY APPROVE. OKAY. AND THIS IS ON THE NORTH SIDE OF THE HOME? CORRECT. ALL RIGHT. YES. SO IF THERE'S ANY PUBLIC COMMENTARY, THERE'S NO PUBLIC COMMENT. ALRIGHT, WHO WOULD LIKE TO READ A MOTION ON THIS ONE? O ZUNA. COMMISSIONER ZUNA, REGARDING CASE NUMBER BO EIGHT DASH 24 DASH 0 3 0 3 1, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR A TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW IN ADDITION TO BE THREE FEET FROM THE SIDE SETBACK LIMITED TO THE FIVE FOOT WIDTH, UH, AS PRESENTED IN THE EXHIBITS, UH, BEFORE US TODAY SITUATED AT 4 1 5 CEDAR STREET. APPLICANT BEING CLAUDIA OW BECAUSE THE TESTIMONY PRESENTED TO US THE FACTS THAT WE DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THERE LITERAL ENFORCEMENT OF PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRACT TO THE PUBLIC INTEREST. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY RESTRICTED, UH, SETBACKS TO PREVENT PROVIDE ADEQUATE SPACING BETWEEN PROPERTIES. THE VARIANCE IS NOT CONTRARY PUBLIC INTEREST AS THE REDUCED SETBACK IS LIMITED TO THE WIDTH OF THE ADDITION OF FIVE FEET. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THIS WOULD REDUCE THE SQUARE FOOTAGE OF THE UTILITY CLOSET RENDERING IT IMPRACTICAL FOR USE DUE TO THE NARROW LOT. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WOULD BE OBSERVED IN SUBSTANTIAL JUSTICE WILL BE DONE. THE ADDITION WOULD BE THREE FOOT WOULD BE THREE FEET ON THE SIDE PROPERTY LINE, WHICH OBSERVES THE SPIRIT OF THE ORDINANCE AS THE STRUCTURE WILL BE ABIDING BY ALL OTHER BUILDING REQUIREMENTS FOR THE VARIANCE WILL NOT AUTHORIZED THE OPERATION OF USE OF THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED FOR 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. IF GRANTED THE ADDITION LIMITED TO A MAXIMUM WIDTH OF FIVE FEET WILL BE THREE FEET FROM THE SIDE PROPERTY LINE, WHICH WILL NOT INJURE THE NEIGHBORING PROPERTY, IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL, NOT DUE TO OTHER RESULT OF GENERAL CONDITIONS OF THE DISTRICT FOR WHICH THE PROPERTY IS LOCATED. THE STAFF FINDS OF APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS THE LIMITED SIDE YARD SPACE. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL IN A MOTION. SECOND, I'LL SECOND THAT. COMMISSIONER BARRINGTON. COMMISSIONER IS GONNA GO AHEAD. YEAH. SO I'M IN CONCURRENCE WITH THE CITY'S APPROVAL RECOMMENDATION ALSO WITH THE, UH, KING, UH, IS IT THE KING WILLIAMS ASSOCIATION OF OF APPROVAL AS WELL. AND NO, THERE'S NO, UH, IMPACT TO THE NEIGHBORING PROPERTY AS THEY SUPPORTED THE, UH, THE, UH, VARIANCE AS WELL. SO I'M IN FAVOR, COMMISSIONER BARRINGTON. YEAH, THIS IS A VERY, OBVIOUSLY A VERY MINIMAL, UH, REQUEST. UM, APPLICANTS TRYING TO IMPROVE THE, THE PROPERTY IN A HISTORIC DISTRICT WITH SOME VERY SEVERE LIMITATIONS AND YOU REALLY HAVE NO PRACTICAL ALTERNATIVE WAY TO DO THAT. SO THAT'S WHY I, I'M HAPPY TO SUPPORT THIS. ANYONE ELSE LIKE TO ADD HEARING NONE. LET HAVE A ROLL CALL VOTE PLEASE. COMMISSIONER ZUNA? YES, I CONCUR. COMMISSIONER BARTON? YES, I CONCUR. COMMISSIONER STEVENS. I CONCUR. COMMISSIONER EZ. I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER MANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. IF YOU HAPPEN TO HAVE ANY QUESTIONS, YOU CAN GO ASK THAT. THANK YOU. THANK YOU. [03:55:01] ALL RIGHT, ITEM NUMBER 13. ME AGAIN. ALRIGHT, ITEM NUMBER 13, BO OA DASH 24 DASH 103 0 0 0 4 0. ADDRESS BEING 38 1 38 10 EAST PAL FREE AVENUE. UH, DISTRICT COUNCIL THREE. APPLICANT BEING JOSE SALAZAR, UH, REQUEST IS FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ATTACHED CARPORT TO BE ONE INCH FROM THE SIDE SETBACK A AND THEN TWO A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FRONT 10 FOOT FRONT SETBACK TO ALLOW A ONE INCH ATTACHED CARPORT. FRONT SETBACK ZONING IS R FIVE. THE SUBJECT PROPERTY IS LOCATED EAST OF GOLIAD, WEST OF SOUTH WW WHITE ROAD ON EAST PALFREY AVENUE. THE APPLICANT ALSO BEING THE PROPERTY OWNER IS REQUESTING A FOREFOOT 11 INCH VARIANCE TO EXTEND THE WIDTH OF AN EXISTING CARPORT ONE INCH FROM THE SIDE SETBACK TO ALLOW MORE COVERAGE AND ACCESSIBILITY FOR VEHICLES. ADDITIONALLY, DURING THE SITE VISIT SITE, UH, STAFF FOUND THAT THE EXISTING CARPORT REQUIRED A NINE FOOT 11 INCH VARIANCE DUE TO THE ONE INCH FRONT SIDE SETBACK OR ONE INCH FRONT SETBACK. THE FRONT SETBACK APPEARS TO BE HISTORICAL, UH, APPEARS TO BE THE HISTORICAL STANDARD IN THE AREA. HOWEVER, SINCE THE PROPERTY OWNER IS EXTENDING THEIR CARPORT, UH, IT WAS ADDED TO THIS REQUEST. THE ISSUANCE OF A BUILDING BUILDING PERMIT IS PENDING THE OUTCOME OF BOARD OF ADJUSTMENT AND THIS WILL BE THE SI, UH, SITE PLAN FOR THE PROPERTY AND SUBJECT PROPERTY SIDE VIEW. AND THERE VIEWS ACROSS FROM THE SUBJECT PROPERTY EAST AND WEST OF THE SUBJECT PROPERTY. AND, UH, STAFF. RECOMMENDATION FOR FRONT AND SIDE SETBACK VARIANCE, THE STAFF RECOMMENDS APPROVAL AND BO OA 24 DASH 1 0 3 4 BASED ON THE FOLLOWING FINDINGS OF FACT, THE VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS HISTORICAL FRONT CARPORT. SETBACKS ARE CURRENTLY ONE INCH FROM THE PROPERTY LINE AND SIGNIFICANT DISTANCE EXISTS BETWEEN THE PROPERTY LINE AND ADJACENT STRUCTURE. UH, STAFF NOTE MAILED 31 NOTICES, UH, ZERO IN FAVOR, ZERO IN OPPOSITION AND NO RESPONSE WAS PROVIDED BY THE HIGHLAND HILLS, UH, NEIGHBORHOOD ASSOCIATION. AND THAT'S THIS CONCLUDES STAFF PRESENTATION AND APPLICANT IS AVAILABLE. THANK YOU VERY MUCH. IS THE APPLICANT COME FORWARD PLEASE. GOOD AFTERNOON, MEMBERS OF THE BOARD. LADIES AND GENTLEMEN, MY NAME IS JOSE SALAZAR AND UH, I CAME TO REQUEST FOR THE CARPORT. UM, WHEN WE MOVED IN, IN THIS PROP IN THIS RESIDENCE IN 21, THERE WAS ALREADY AN EXISTING TWO CAR DRIVEWAY AS YOU SAW IN THE PICTURE. AND, AND THERE'S ONLY ONE CARPORT, BUT WE WANTED TO EXTEND A CARPORT, PROTECT THE VEHICLES BECAUSE WE ALREADY HAD DAMAGE FROM HELL. AND FROM THE ELEMENTS OF, OF, UH, FROM THE ELEMENTS OF THE, OF, OF THE, OF THE SUN. UM, THEN THAT'S WHY I'M HERE JUST TO, UH, REQUEST I CAN GET AN APPROVAL TO EXTEND THE CARPORT. THAT'S BASICALLY IT. ALRIGHT, UH, SO I HAVE A COUPLE QUICK QUESTIONS. MM-HMM, . UM, SO STAFF, THIS IS, THIS STREET IS, HAS A PRETTY, PRETTY SIZABLE RIGHT OF WAY PAST THE ASPHALT. UM, NOT WHAT I'M TYPICALLY USED TO SEEING. AND THERE'S NO SIDEWALKS ON ANY OF THESE BLOCKS, HUH? YOU ARE CORRECT. ALRIGHT. UH, IS THERE ANY COMMISSIONER QUESTIONS? MANA COMMISSIONER MANNA. SO, SO IS THERE A REQUEST JUST TO BRING THE CARPORT FORWARD OF THE HOUSE AND NOT GO DOWN THE SIDE OR SO, SO, UH, 'CAUSE YOU, YOU HAVE DRIVEWAY THAT GOES ALL THE WAY TO THE BACK OF THE HOUSE, RIGHT? SO CORRECT. AND WHAT THE PLAN IS, IS TO REMOVE THAT CURRENT CARPORT BECAUSE THOSE, THOSE MIDDLE POLES IN, IN THE MIDDLE, THEY'RE VERY, UH, THEY'RE, THEY'RE HAZARDOUS. THEY, THEY'VE ALREADY DAMAGED, UH, UH, THE MIRRORS. UH, AND THEY'RE VERY, UH, IT MAKES IT HARD TO EXIT THE, THE VEHICLE, ENTER THE VEHICLE AND, AND BECAUSE OF THOSE MIDDLE, MIDDLE POLES AND, AND THEY'RE, UH, THAT'S WHY WE WANT TO REMOVE 'EM AND, AND JUST, UH, PUT A, A COMPLETE CARPORT, UM, FOR THE, FOR, FOR BOTH OUR VEHICLE, MINIMAL WISE. I GUESS MY QUESTION IS, ARE YOU, ARE YOU GOING BEYOND THE FRONT OF THE HOUSE WITH REGARDS TO THE CARPORT OR IS IT GOING TO REMAIN AT THE, ON THE FRONT SIDE OF THE HOUSE AND NOT GO ALONG THE SIDE? UH, IT'S, IT'S, IT'S GOING, UH, IT'S GONNA BE THE SAME DISTANCE LIKE THE ONE THAT'S CURRENT IS IS 30 FEET, 30 FEET LONG AND IT'S GONNA, IT'S GONNA BE YOUR, IT LOOKS LIKE YOUR CURRENT CAR REPORT IS 10 FOOT BY 30 AND YOUR GOAL IS TO MAKE IT 20 FOOT 20 BY 30. CORRECT. THANK YOU. YES, HE'S EXTENDING OUT TO THE WEST OF THE PROPERTY. [04:00:01] OKAY. SO WHOEVER READS A MOTION CAN 20 FOOT BY 30. ALL RIGHT. IS THERE ANY PUBLIC COMMENTARY? NO PUBLIC COMMENT. ALRIGHT, IS THERE ANY ADDITIONAL QUESTIONS BEFORE WE MOVE ON TO A MOTION? HEARING NONE. I'M LOOKING FOR A MOTION ANA COMMISSIONER MANON, REGARDING CASE NUMBER BO 2 4 1 0 3 0 0 0 4 0 MOVE THE BOARD ADJUSTMENT GRANTS A REQUEST FOR A 20 FOOT BY 30 FOOT CARPORT, UH, BEING FOUR FOOT 11 INCH VARIANCE, UH, FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AND ATTACH CARPORT TO BE ONE INCH FROM THE SIDE SETBACK AND TWO, A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A ONE INCH ATTACHED CAR, UH, CARPORT, FRONT SETBACK SITUATED AT 3 8 1 0 EAST PAL. FREE AVENUE APPLICANT BEING JOSE SALAZAR BECAUSE OF TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOW THAT THE PHYSICAL CARE OF THIS PROPERTY SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY ADHERING TO SETBACK REQUIREMENTS TO PROVIDE ADEQUATE SPACING BETWEEN PROPERTIES AND RIGHT OF WAY. THE REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST AS A HISTORICALLY ESTABLISHED CARPORT. FRONT SETBACK IN THE AREA IS AT ONE INCH AND THE NEIGHBORING STRUCTURE HAS SUFFICIENT SPACE FROM THE PROPOSED CARPORT. TWO, DUE TO SPECIAL CONDITIONS OR LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN A NECESSARY HARDSHIP AS A CARPORT WIDTH WOULD ALLOW, WOULD ONLY ALLOW ONE VEHICLE WITH LIMITED COVERAGE. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE, UH, WILL BE OBSERVED. THE SUBSTANTIAL JUSTICE WILL BE NONE. THE REQUEST WILL NOT INJURE NEIGHBORING PROPERTIES AS THE ADJACENT STRUCTURE IS BUILT BEYOND THE REQUIRED SITE. SETBACK AND HISTORICAL PLACEMENT OF THE CARPORTS IN THE AREA ARE AT THE CURRENT ONE INCH FRONT SETBACK. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THIS 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 PERFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED. THE SIDE FRONT SETBACKS WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS OTHER SIMILE CARDBOARD'S. FRONT SETBACKS WERE OBSERVED IN SUFFICIENT DISTANCE FROM ADJACENT STRUCTURE WILL EXIST. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AS A HISTORICAL PLACEMENT OF THE FRONT CARPORT, SETBACKS IN THE LIMITED SPACES FOR TWO COVERED VEHICLES. AND A MOTION. SECOND. SECOND BY COMMISSIONER CRUZ. COMMISSIONER MANNA? YES, I I I AGREE WITH THE CITY'S POSITION. UM, THERE ARE OTHER SIMILAR, UH, CARPORTS AND I DON'T SEE THIS IMPACTING, UM, THE, THE COMMUNITY AS THEY STATED. SO I'LL BE VOTING, UM, AS READ. ALRIGHT, COMMISSIONER CRUZ? UH, YES, I AGREE WITH MR. MANNA. I DON'T SEE ANY PROBLEM WITH IT, UH, ESPECIALLY SINCE THERE ARE QUITE A FEW IN THE NEIGHBORHOOD. ALL RIGHT, ANYONE ELSE LIKE TO ADD HEARING UNANIM? HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER MANANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER CRUZ. I CONCUR. COMMISSIONER BARON. I CONCUR. COMMISSIONER STEVENS. I CONCUR. COMMISSIONER BANES? I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER AVILAS? I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER UNA? YES, I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. UH, CONGRATULATIONS. DO YOU HAVE ANY QUESTIONS? UM, CAN I TALK TO STAFF? THANK YOU. THANK YOU. LAST ITEM, ITEM 14 AND THAT IT'LL LET YOU, OKAY, I'LL EMAIL THAT TO YOU. OKAY, THANK YOU. YOU WELCOME. OKAY, ITEM NUMBER 14, BO OA DASH 2 24 DASH 0 3 0 0 0 4 2. ADDRESS BEING 2215 BELK NAP PLACE. UH, COUNSEL, DISTRICT ONE, APPLICANT CDS MURRAY, UH, REQUEST FOR A ONE IS A REQUEST FOR A TWO FOOT, UM, FENCE HEIGHT EXCEPTION FROM THE MAXIMUM EIGHT FOOT FENCE HEIGHT TO ALLOW A 10 FOOT FENCE AND TWO WILL BE AN EIGHT FOOT SIX INCH VARIANCE FROM THE 30 FOOT SIDE SETBACK TO ALLOW A BARBED WIRE FENCE ON, ON A 21 FOOT SIX INCH SIDE SETBACK, UH, ZONING. I ONE. THE SUBJECT PROPERTY IS LOCATED JUST WEST OF ALAMOS. [04:05:01] UH, PARK NORTH OF DOWNTOWN. REQUESTED VARIANCE ARE VARIANCES ARE FOR REDUCED BUILDING SETBACK TO ALLOW BARBED WIRE FENCE AND AN INCREASED FENCE FENCE HEIGHT. BARBED WIRE WILL BE REVIEWED SEPARATELY THROUGH AN ADMINISTRATIVE VARIANCE. UH, IF THE BOARD OF ADJUSTMENT APPROVES THE REDUCED BUILDING SETBACK, A BARBED WIRE FENCE MUST BE LOCATED WITHIN A BUILDING SETBACK. HOWEVER, THE REQUESTED VARIANCE WILL ONLY ALLOW THE USE OF A BARBED WIRE ONLY ALLOW THE USE OF BARBED WIRE AND WILL NOT, NOT A BUILDING STRUCTURE. A REQUESTED FENCE, UH, HEIGHTS VARIANCE IS FOR THE 10 FOOT FENCE ALONG THE SOUTHERN PROPERTY LINE AND ENTRANCE GATE. AND THIS IS A SITE SITE PLAN. THE SUBJECT PROPERTY, THE SURROUNDING AREA, UH, STAFF RECOMMENDS, UH, REC STAFF RECOMMENDATION FOR THE SIDE. SIT BACK TO ALLOW BARBARA WIRE FENCE. STAFF RECOMMENDS APPROVAL FOR BO OA 2 2 4 DASH 1 0 3 0 0 0 4 2 BASED ON THE FOLLOWING FINDINGS OF FACT THE SHAPE OF THE FOLLOWING, UH, THE SHAPE OF THE SHAPE OF THE FENCE ALLOW OR ALLOWS THE ENTRANCE THAT ABUTS THE RESIDENTIAL PROPERTIES REQUIRING A REDUCED SETBACK FOR BARBED WIRE ON THE ENTRANCE GATE. AND TWO, IT WILL LEAVE SIGNIFICANT ROOM BETWEEN THE RESIDENTIAL PROPERTIES AND THE BARBED WIRE. UH, STAFF'S RECOMMENDATION FOR THE FENCE HEIGHT STAFF RECOMMENDS APPROVAL IN BO OA 24 DASH 1 0 3 0 0 0 4 2 BASED ON THE FOLLOWING FINDINGS OF EFFECT, IT'LL PROVIDE ADDITIONAL SCREENING FROM THE RESIDENTIAL LOTS IN THE INDUSTRIAL LOT AND WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. AND TWO, THE REPLACEMENT OF THE FENCE WILL BE PARALLEL WITH THE LOCATION OF THE NEIGHBORING RESIDENTIAL LOTS IN THE REAR YARD. STAFF MAILED 34 NOTICES, ZERO IN FAVOR, ZERO IN OPPOSITION. AND MONTE VISTA TERRA NEIGHBORHOOD ASSOCIATION PROVIDED NO RESPONSE. AND THIS CONCLUDES STAFF'S PRESENTATION. APPLICANT IS AVAILABLE. ALL RIGHT. HAVE THE APPLICANT COME FORWARD HOW WE GOT, HOW WE GOT LAST PLACE, BUT WE'LL GO. WE'LL GO, SHOULD BE FAST. UH, MY NAME IS SCOTT EY. I'M THE MANAGER OF CIVIL ENGINEERING WITH CPS ENERGY. UH, THIS IS A CPS ENERGY PROJECT. AS AS, UH, WHAT WE'RE DOING HERE, UH, WE HAVE CDS MURRAY, THEY ARE THE, OUR CONSULTANTS FOR THE PROJECT. SO I GUESS YOU GONNA WANT TO RUN THROUGH IT OR, YEAH, WE'LL JUST, YOU'LL HAVE TO TALK INTO THE MIC SO EVERYONE CAN HEAR YOU THOUGH. I'M KENNY ROWDY WITH CDS MURRAY AND WE'LL JUST HIT THE HIGH SPOTS. UH, THIS PROJECT WAS, UH, CREATED BY CPS TO BRING RELIABILITY TO THIS AREA. UH, THEY HAD TO GO THROUGH THE PUBLIC UTILITY COMMISSION, UH, PROBABLY TWO AND A HALF, THREE YEARS AGO NOW. THEY DID HAVE AN AGREEMENT WITH THE NEIGHBORHOOD ASSOCIATION TO CONSTRUCT A 10 FOOT HIGH FENCE, UH, ALONG THAT, UH, RESIDENTIAL PROPERTIES. SO HERE WE ARE ASKING FOR A VARIANCE TO PUT A FENCE THAT THAT WE DID FOR THEM. SO WE'RE, I GUESS I'M NOT SURPRISED THAT THERE'S NO OPPOSITION TO IT. AND THEN IN, IN, IN REGARD TO THE, UH, UH, BARB WIRE, WE TYPICALLY HAVE BARB WIRE ON CPS ENERGY FENCES. THEY'VE CREATED A NEW HIGH SECURITY FENCE. THAT GATE, UH, WHICH FACES ACTUALLY TO THE EAST, HAS GOT BARB WIRE ON TOP FOR SECURITY. UH, WE CAN'T MAKE A GATE OUT OF CONCRETE PRACTICALLY, SO WE'RE HAVING TO TO TO MAKE THAT OUTTA METAL. THE REST OF THAT FENCE IS HIGH SECURITY FENCE, NOT CONCRETE. UM, BUT WITH THAT, I'LL, I'LL JUST ANSWER ANY QUESTIONS ABOUT THOSE. YEAH, JUST REALLY QUICKLY, THE, THE, SO THE 10 FOOT FENCE HAS NO BARBED WIRE, THAT'S JUST CONCRETE. YES, SIR. THAT'S CORRECT. AND HOW FAR OFF THE PROPERTY LINE IS THAT FENCE? SIX FEET. OKAY. SO THERE'S, SO IT, IT IS, I I, I'M ASSUMING THAT'S THERE. SO YOU HAVE TO DO ANY MAINTENANCE PURPOSES. YOU DON'T HAVE TO GET THE NEIGHBOR'S YARD TO DO ANYTHING ON THE OTHER SIDE? NO, WE DON'T INTEND TO. IN FACT, WE THINK WE CAN BUILD IT ALL WITHOUT GETTING INTO THE NEIGHBOR'S YARD. ALL RIGHT. WONDERFUL. ANY COMMISSIONER QUESTIONS? JUST MY QUESTIONS IS THE BARBED WIRE'S LIMITED TO THE GATE, TO THE FENCE AREA, RIGHT? THE BARBED WIRE. KATIE, DO YOU WANNA, THE, THE BARB WIRE'S ACTUALLY NOT BARBED WIRE LIKE YOU'RE THINKING. THE THREE THREE STRAND BARB WIRE, IT'S CALLED RIBBON STRIP. IT'S ON TOP. IT'S KIND OF A FLAT BAR. IT HAS LIKE A RAZOR WIRE TEETH. UH, NOT, NOT EVEN. OKAY. NOT REALLY THAT, IT'S NOT, NOT A LOOP. IT'S JUST THREE STRIPS ABOUT INCH AND A HALF THICK. AND THEY'RE JUST SAWTOOTH, UH, TOP AND BOTTOM AND, AND THEY'RE ON TOP OF THE WALL. THERE'S THREE OF 'EM. SO IT'S NOT THE TRADITIONAL ROLL OF BARB WIRE LIKE IN A PRISON OR THE THREE STRANDS LIKE YOU'RE, YOU'RE THINKING OF. SO IT'S A LITTLE BIT, IT'S A LITTLE BIT DIFFERENT. UH, BUT IT'S AT THE VERY TOP OF THE WALL, SO IT'S, YOU CAN'T, IT'S, IT'S NOT A HAZARD TO ANYONE WALKING BY OR ANYTHING. SO, [04:10:01] BUT I GUESS TO THIS, SINCE WE HAVE EVERYONE HERE, UH, THIS IS KIND OF OUR STANDARD NEW SAFETY PROTOCOL WE'RE GONNA BE PUTTING AROUND OUR, ALL OUR RENEW STATIONS AND OUR RETROFITTING, ANY OF THE, UH, EXISTING STATIONS THAT WE HAVE. SO UNFORTUNATELY, UNFORTUNATELY, IT SEEMS LIKE WE MIGHT HAVE TO BE COMING TO Y'ALL QUITE A BIT BECAUSE ALL OF THESE FENCES ARE GONNA BE 10 FOOT TALL. MM-HMM, AND SIX, UH, EIGHT FOOT IS MAXIMUM. SO I JUST WANT TO, I GUESS, UH, PUT IT ON THE RECORD THAT THIS IS THE FIRST ONE, MAYBE SET OF PRECEDENTS THAT THIS IS KIND OF OUR CPSS COMMON AS STANDARD SECURITY STANDARD. AND WE HOPEFULLY WON'T HAVE TO DO THIS EVERY SINGLE TIME. SO IT SOUNDS LIKE IT'S KIND OF BEING PROACTIVE. I KNOW SOME OTHER CITIES YOU HAVE WHERE PEOPLE ARE SHOOTING INTO TRANSFORMERS. RIGHT. THAT'S EXACTLY WHY WE'RE DOING THIS. TRYING TO, IT'S SOME DOMESTIC TERRORISM TYPE EVENT. YES. YES, SIR. IT'S A DIFFERENT WORLD. UH, AND IT'S, IT'S PRETTY EASY IS WHAT WE'RE CALLING THE BARB WIRE FENCE. IS THAT, HOW TALL IS THAT AGAIN? IT'S NOT A BARB WIRE FENCE. THIS IS THE, JUST THE THREE STRIPS. OKAY. HOW TALL IS IT THOUGH? IT'S 10 FOOT. 10 FOOT. SO DO THEY NEED A VARIANCE FOR THE HEIGHT OF, OF THE FENCE OF LIKE WHERE YOU'RE SHOWING THE SLIDE GATE THAT THAT'S GONNA BE 10 FEET TALL? DO THEY NEED A VARIANCE FROM THAT? NO. NO, THEY DON'T. UH, THE, IT'S A VERY UNIQUE CIRCUMSTANCE AND THE WAY I UNDERSTAND IT, AND YOU GUYS CAN CORRECT ME IF I'M WRONG, IS THAT THE, THE, THIS FENCE THAT IS A TYPE OF BARBED WIRE ACTUALLY RUNS PARALLEL ON THEIR PROPERTY. IT'S NOT ACTUALLY ALONG A SETBACK OR A PROPERTY LINE. IT, THIS FENCE IS GONNA BE A 10 FOOT HAS PANEL, PANEL FENCE THAT YOU CAN'T SEE THROUGH, UH, IT'S, YOU CAN'T CUT THROUGH IT. YOU CAN'T CLIMB IT. SO IT'S 10 FOOT, AND I HAVE TO CORRECT THAT IT'S 10 FOOT PLUS 18 INCHES OF THE THREE STRIPS. SO YEAH, THAT, THAT'S, I GUESS WHAT I'M, I'M ASKING ABOUT IS, SO ANYTIME YOU HAVE A FENCE THAT EXCEEDS EIGHT FEET, 'CAUSE THEY COULD DO EIGHT FOOT BY, RIGHT? CORRECT. SO ANYTIME YOU HAVE A FENCE THAT'S, THAT'S HIGH. UNLESS IT'S COMING OFF OF A WALL OF A BUILDING, IT'S, IT DOESN'T IT HAVE TO MEET, COME TO THE BO OA FOR HEIGHT PURPOSES? NOT THE FACT THAT IT'S GOT SOME SORT OF, IT'S ACTUALLY IN, WITHIN THEIR PROPERTY BOUNDARY. SO BECAUSE IT'S OUTSIDE OF A SETBACK, THEY'RE EXCLUDED FROM CORRECT. MM-HMM, . AND IS THAT ONLY BECAUSE THEY'RE UTILITY OR DOES THAT GO FOR EVERYBODY? ONLY FOR THE U BECAUSE IT'S UTILITY. YEAH. OKAY. I JUST WANT TO MAKE SURE YOU PUT THAT UP. YEAH, WE'VE HAD THAT QUESTION BEFORE FOR, FOR RESIDENTS. AND WE, AND A FENCE IS A FENCE REGARDLESS OF WHERE IT SITS, BUT IN THIS CASE, BECAUSE IT'S UTILITY. YES, SIR. OKAY. AND THEN, AND THEN IF I HEARD CORRECTLY, SO IS IT'S A SOLID FENCE THEN THAT WE'RE TALKING ABOUT HERE, OR IT'S A PREDOMINANTLY OPEN FENCE THAT HAS A SLATS IN IT TO, SO THAT YOU CAN'T SEE IN IT. SO I WAS TRYING TO UNDERSTAND THE DIFFERENCE THERE. IT, IT'S A LITTLE HARD TO DESCRIBE, BUT IT'S, IT'S A METAL MESH AND IT'S, IT'S ACTUALLY WAVED AND IT, IT ATTACHES, IT BOLTS TOGETHER AND BOLTS TO POST. DOES IT HAVE A TYPE OF NAME? WE CAN ACTUALLY GOOGLE IT AND SHOW IT? UH, A COCHRAN COCHRANE IS, IS THE BRAND BRAND CO UH, SO IT'S NOT CORRUGATED METAL. SO IT'S A NEW FENCING STYLE. RIGHT. IT'S THE BRAND IS CALLED CLEARVIEW FENCE. IT MADE BY COCHRANE, C-O-C-R-A-N-E. THE C, I'M SORRY. UH, C-O-C-H-R-A-N-E. BUT THE CITY IS, IS HAVING THIS COME HERE BECAUSE THEY'RE USING THE TERM BARBED WIRE BECAUSE IT'S SOMETHING, IT'S JUST NOT WHAT WE'RE USED TO SEEING. CORRECT. OKAY. YEAH, IT, IT'S CALLED RIBBON STRIPS WHEN YOU GOOGLE IT. OKAY. WAS THAT IT? ALL OF OURS. THAT'S GOOD. HERE YOU GO. FEAST YOUR EYES ON THIS. THERE YOU GO. . AND THAT'S THE RAZOR WE'RE TALKING ABOUT. CORRECT. SO IT'S, IT'S GOT THE WIRE AND THEN IT HAS A PANEL BEHIND IT SO YOU CAN'T SEE THROUGH IT TO SHOOT THROUGH IT. SO IT'S, IT'S, NO, THIS IS JUST THE BARB WIRE. WHAT THEY'RE CALLING THE BARB WIRE. THE GATED PART. YES. IS IT, AND, AND THAT'S NOT RIBBON STRIP. SO , THAT'S SOMETHING DIFFERENT. OKAY. BUT THAT'S A DIFFERENT OPTION THEY HAVE. THAT'S, UH, THAT'S, I DON'T KNOW WHAT THAT WOULD SCARY, BUT OURS IS GONNA BE THREE STRIPS. SO TEETH, YOU KNOW, SO, SO ONE THING, AND WE DON'T REALLY DO THIS TOO OFTEN, BUT WHEN WE, WHEN A PUBLIC UTILITY LIKE YOURSELF IS COMING THROUGH AND YOU'RE DOING SOMETHING THE SAME ALL OVER TOWN, UM, I KNOW YOU HAVE TO COME HERE SITE BY SITE, BUT MAYBE IF STAFF COULD EMAIL US IF YOU HAVE SOME, UM, GENERAL PLANS SO THAT WE'RE REALLY AWARE AND DON'T HAVE ANY QUESTIONS OF WHAT YOU'RE DOING. I WOULDN'T BE, AS A CHAIR, I WOULDN'T BE OPPOSED TO LIKE MOVING YOU TO THE FRONT OF THE MEETING [04:15:01] FOR SOMETHING LIKE THIS. OH, THANK GOD. YOU KNOW, BUT I WOULD WANT TO MAKE SURE, I JUST WANT MAKE SURE THAT OUR COMMISSION UNDERSTANDS THIS, THIS THING THAT YOU'RE DOING THAT'S NEW TO US. UH, SO YOU KNOW, BUT IN, SO, BECAUSE IF IT'S, IF IT'S SOMETHING THAT, UM, YOU KNOW, EVERYONE KNOWS WHAT, WHAT IT IS, UH, AND IT'S GONNA BE REPEATED IN A SIMILAR FASHION OVER AND OVER AND OVER AGAIN. NO REASON TO MAKE YOU WAIT TO THE END LIKE A CONSENT ITEM. ALSO, MAYBE AN ADJUSTMENT TO THE DDC TO KIND OF CALL IT OUT TOO, AS FAR AS, YOU KNOW, AN AVAILABLE SOLUTION FOR, WE'LL SAY FOR I GOT A WORKING LIST. YES. YEAH. YES. THAT'S SOMETHING THAT WE, WE DISCUSSED WHEN WE REVIEWED THIS. YES. MM-HMM. . SO I'VE TRIED THE THAT AND I SAID, TOLD ME NO. SO I TRIED TO HAVE IT, UH, AMENDED IN THE UDC. WHAT? DID IT GO TO THE TAC AND THEY TOLD YOU NO? YES. WELL THERE WAS, I DON'T REMEMBER SEEING THAT. THE THINGS WE WERE TRYING TO DO IS THE, UH, A CONCRETE WALL VERSUS CONCRETE WALLS ARE MORE EXPENSIVE. SO THAT'S WHY WE KIND OF WENT TO THIS DIFFERENT OPTION. SO WE HAD TO, WANTED TO DO THE CONCRETE WALL, NOT TO HAVING A VARIANCE AND THEY SAID NO. AND THEN THE BUFFERS, WHICH IS A TOTALLY DIFFERENT, UH, VEG, UH, VEGETATIVE BUFFER, UH, UH, LANDSCAPE BUFFERS IN FRONT OF SUBSTATIONS. WE TRIED TO MINIMIZE 'CAUSE IT'S JUST NOT COSTLY, EFFICIENT FOR A UTILITY BE PLANTING A BUNCH OF LANDSCAPE. SO WE TRY TO GET THAT TAKEN OUT INTO TECH AND THAT, UH, NO THEY DIDN'T, THEY DIDN'T HAVE IT. THEY WANTED TO KEEP THE BUFFER. WELL, WE'D SURE LIKE TO KNOW ABOUT IT 'CAUSE THAT FENCING STUFF USUALLY GENERATES FROM HERE. I MEAN, SO, YOU KNOW, THE MORE WE KNOW ABOUT IT, THE MORE WE, WE PROBABLY COULD PUT IT IN OUR LITTLE RADAR. WELL, I'LL TRY AGAIN NEXT TIME. . YEAH. JUST COMMUNICATE WITH STAFF AND JUST KEEP US INFORMED. OKAY. CERTAIN TERMS AND ALL THAT GOOD STUFF. ALRIGHT, WELL AWESOME. IF THERE'S NO OTHER QUESTIONS, UH, LET'S LOOK FOR A MOTION. CRUZ COMMISSIONER CRUZ REGARDING CASE NUMBER BO 8 24 103 0 0 0 4 2. I MOVE AS A BOARD OF ADJUSTMENT GRANT TO REQUEST FOR 1 8 2 FOOT, UH, VARIANCE FROM THE MAXIMUM EIGHT FOOT FENCE HIGH TO ALLOW A 10 FOOT FENCE AND TWO, AN EIGHT FOOT SIX VARIANCE FROM THE 30 FOOT SIDE SETBACK TO ALLOW A BARBED WIRE FENCE ON 21 FEET, SIX INCHES SIDE SETBACK. SITUATED AT 2215 BELT NAP PLACE APPLICANT BEING CDS MURRAY, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT, THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WILL RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY DISTANCE BETWEEN RESIDENTIAL PROPERTIES IN ORDER TO HAVE BARBED WIRE AND A 10 FOOT FENCE. THIS WILL NOT BE CONTRARY TO THE PUBLIC INTEREST AS THEY WILL KEEP OVER 21 FOOT DISTANCE AND THE BARBED WIRE WILL NOT RUN PARALLEL TO THE RESIDENTIAL LOTS. THE ADDITIONAL FENCE HEIGHT WILL KEEP SEPARATE THE INDUSTRIAL USE FROM THE RESIDENTIAL PROPERTIES TOO DUE TO SPECIAL CONDITIONS. A LITTLE, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF FOUND SPECIAL CONDITIONAL THAT A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE SHAPE OF THE, THE SHAPE OF THE , AN ENTRANCE AND ABUTS THE RESIDENTIAL PROPERTIES REQUIRING A REDUCED HEAD BACK FOR BARBED WIRE ON THE ENTRANCE GATE THAT REQUIRED ADDITION SECURITY WOULD RESULT IN UNNECESSARY HARDSHIP WITHOUT THE ADDITIONAL FENCE HEIGHT. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUEST WOULD NOT INJURE THE NEIGHBORING PROPERTY SAYS THE ADJUST ADJACENT STRUCTURES BUILT BEYOND THE REQUIRED SIDE BACK AND THE HISTORICAL PLACEMENT OF THE CARPORTS IN THE AREA ARE AT THE CURRENT ONE INCH. FRONT FRONT, I'M SORRY. I'M SORRY I HIT THE WRONG BUTTON. UH, WELL, OKAY, WHERE AM I? ALL RIGHT, I GOT IT. I GOT IT. I GOT IT. OKAY. DUE TO THE SPECIAL CONDITIONS, THE LITTLE ENFORCEMENT OF THE ORDINANCE WILL RESULT IN A NECESSARY HARDSHIP. STAFF FOUND SPECIAL CONDITIONAL THAT A LITTLE ENFORCEMENT OF THE ORDINANCE WILL RESULT IN UNNECESSARY HARDSHIP. THE SHAPE OF THE, OF THE HOUSE AND ENTRANCE THAT ABUTS THE RESIDENTIAL PROPERTIES REQUIRING A REDUCED HEAD BACK FOR BARBED WIRE ON THE ENTRANCE GATE THAT REQUIRED ADDITION SECURITY WHICH RESULT IN UNNECESSARY HARDSHIP WITHOUT THE ADDITIONAL FENCE HEIGHT. THREE, BY GRUNTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE SEEN OF THE VARIANCE WILL BE IN SPIRIT OF THE ORDINANCE AND SUBSTANTIAL JUSTICE WILL [04:20:01] BE DONE AS IT WILL LEAVE SIGNIFICANT RULE BETWEEN THE RESIDENTIAL PROPERTY AND THE BARBED WIRE. THE ADDITIONAL FENCE HEIGHT WILL ALSO BE IN THE SPIRIT OF ORDINANCE AS IT WILL HELP YOU. THE RESIDENTIAL USE FROM THE INDUSTRIAL USE THE VARIANCE WILL NOT AUTHORIZE THE OPERATION USE OTHER THAN THOSE 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 ORDINANCE WILL BE SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH PROPERTY IS LOCATED. THE REQUESTED VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE, USE THE ADJACENT CONFORMING PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THEY WILL BE LOCATED TO THE REAR OF THE RESIDENTIAL PROPERTIES IN THE DISTRICT AS SURROUNDED BY OTHER INDUSTRIAL ZONE. LOTS. SIX APPLIED TO THE OWNER OF THE PROPERTY FOR WHICH THE RENT SOUGHT IS RENT. ASSAULT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MANY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FOUND THE UNIQUE CIRCUMSTANCES FOUND IN THE PROPERTY ARE DUE TO CIRCUMSTANCES NOT CREATED BY THE OWNER OF THE PROPERTY. AS THE SHAPE OF THE LOT ALLOWS AN ENTRANCE ONLY THROUGH THE AREA CLOSEST TO THE RESIDENTIAL PROPERTIES, THE LOCATION OF THE RESIDENTIAL PROPERTIES ALSO CREATES A UNIQUE CIRCUMSTANCE THAT BENEFITS FROM ADDITIONAL FENCE, HEIGHT AND A MOTION. SECOND, SAY GOODBYE COMMISSIONER MANNA. COMMISSIONER CRUZ. UM, SINCE IT IS, IT IS FOR CPS AND WITH, UH, EVERYTHING ELSE GOING ON, I SEE NO PROBLEMS WITH THIS COMMISSIONER MANNA. ALSO, IT'S WONDERFUL THAT YOU ALL REACHED OUT TO THE COMMUNITY AND, AND GOT THEIR INPUT AND ACTUALLY FOLLOWING THROUGH WITH THEIR INPUT. SO I'LL BE VOTING IN FAVOR. ALRIGHT, ANYONE ELSE? HEARING NONE, LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER CRUZ. I CONCUR. COMMISSIONER BONNA. I CONCUR WITH THE FINES OF FACT. COMMISSIONER BARTON. I CONCUR. COMMISSIONER STEVENS. I CONCUR. COMMISSIONER BONIS? I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER AVILES? I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER UNA? YES, I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT MOTION PASSAGE UNANIMOUSLY. CONGRATULATIONS IF YOU HAPPEN TO HAVE ANY QUESTIONS AND, AND PLEASE GET THAT STUFF TO STAFF SO WE CAN LEARN MORE ABOUT THIS PRODUCT. AMEN. I WILL. ALL RIGHT. THANKS EVERYONE. THANK YOU. HAVE A GOOD NIGHT BEING NOTHING ELSE IN THE AGENDA. IS THERE A STAFF DIRECTOR'S REPORT OR ANYTHING MINUTES? NO SIR. ALL RIGHT. WE WILL SEE EVERYONE EL I'M HERE BY ADJOURNING THE MEETING. IT IS 5 32 AND WE'LL SEE EVERYONE ELSE HERE IN A WEEK. . * 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.