* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:01] TESTING. AM I ECHOING? NO, YOU'RE NOT. ALL RIGHT. SO LET'S GO AHEAD AND START THE MEETING. WE'RE GONNA GO AHEAD AND GET THIS MEETING STARTED. IT IS 1:09 PM UH, I'M CALLING THIS MEETING TO ORDER. IF WE COULD HAVE THE SPANISH INTERPRETER COME OUT, PLEASE. I, GOOD AFTERNOON. THANK YOU SO MUCH. THANK YOU. IF EVERYONE COULD PLEASE JOIN ME IN THE PLEDGE OF ALLEGIANCE. ALLEGIANCE IS FROM THE UNITED STATES OF AMERICA, THE REPUBLIC FOR WHICH IT STANDS, ONE NATION WITH LIBERTY AND JUSTICE FOR ALL HONOR FLAG, TEXAS. I DIDN'T GO TO SCHOOL. IF YOU COULD PLEASE CALL ROLL. COMMISSIONER BARTON. HERE. COMMISSIONER STEVENS. PRESENT. COMMISSIONER EZ. COMMISSIONER MONEZ. COMMISSIONER CRUZ HERE. COMMISSIONER MANNA PRESENT. COMMISSIONER BENNO PRESENT. COMMISSIONER BRAGMAN PRESENT. COMMISSIONER UNA. PRESENT CHAIR ORIAN. AND, UH, I AM PRESENT. UH, WE HAVE A QUORUM. SO BEFORE WE PROCEED WITH TODAY'S CASES, I WOULD LIKE TO OFFER A FEW WORDS OF EXPLANATION. UH, THIS BOARD FOLLOWS AN AGENDA, WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY A NUMBER, BUT THE NAME OF THE APPLICANT IS STREET ADDRESS. FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT. LASTLY, AS CHAIR, I'LL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS. I ASK THAT THE BOARD MEMBER 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 MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY, ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELEASE SOUGHT AND DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL. THEY ARE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32. THE HEARING DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE AS IN AN ADVISORY IN APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE. IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD PROCEEDINGS. THE APPLICANT ORDERS 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 EVERYONE IS HEARD, THE CASE WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION. IN ORDER FOR AN 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 RELEASE OUGHT REST WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL. SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW. BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S. DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. SO PLEASE LIMIT YOUR PRESENTATION AND REMARKS THAT THE PERTINENT FACTS OF YOUR CASE STAFF. GOOD AFTERNOON. STAFF WILL BE GETTING EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST. PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE, SPECIAL EXEMPTION OR APPEAL AND PROPERTY WITHIN 200 FEET OF THE SUBJECT PROPERTY CHECK MARKS INDICATE THOSE PROPERTY OWNERS IN FAVOR AND X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION FOLLOWING THIS PRESENTATION. ANY QUESTIONS ABOUT A BOARD, THE APPLICANT WILL PRESENT THE REQUEST FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST A PROPOSED VARI SPECIAL EXEMPTION APPEAL. YOU'LL BE CALLED IN ORDER THAT YOU SIGN UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOTTED MAXIMUM THREE MINUTES PER SPEAKER AND YOU'LL NOT BE OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION FOR THOSE THAT WOULD LIKE TO GIVE UP THEIR TIME TO A SPEAKER. THAT SPEAKER WILL BE ALLOTTED MAXIMUM TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS THE BOARD OF QUESTIONS. THANK YOU, CHAIR. [00:05:01] ALRIGHT, UH, [ Briefing and Possible Action on the following items  ] SO ITEM NUMBER ONE WITH WAS, UH, WITHDRAWN. UH, SO WE'RE GONNA GO TO ITEM NUMBER TWO. UH, IF WE COULD HEAR THIS PRESENTATION I DO TOO. CAN WE GO BACK? THANK YOU. TELL WHAT I'LL, I'LL CONTROL IT FROM UP HERE. HI. GOOD AFTERNOON. UH, GOOD AFTERNOON EVERYONE. LOGAN SPARROW, DEVELOPMENT SERVICES ADMINISTRATOR. UH, AGENDA ITEM NUMBER TWO IS A BRIEFING AND POSSIBLE RECOMMENDATION FROM THE BOARD, UH, RELATED TO THE SHORT-TERM RENTAL, UH, ORDINANCE UPDATE THAT DEVELOPMENT SERVICES DEPARTMENT HAS BEEN, UH, FACILITATING OVER THE LAST SEVERAL MONTHS. SO I HAVE A BRIEF PRESENTATION FOR YOU THIS AFTERNOON, AND THEN WE WILL BE LOOKING FOR A RECOMMENDATION FROM THE BOARD THAT WE CAN SEND TO THE PLANNING AND COMMUNITY DEVELOPMENT COMMITTEE OF CITY COUNCIL. CAN YOU GO AHEAD AND DO THE NEXT ONE? MY KEYBOARD STOPPED WORKING. ALRIGHT. UM, SO REAL QUICK OVERVIEW, UH, JUST TO REMIND EVERYONE WITH WHAT KIND OF KICKED OFF THIS PROCESS. IN NOVEMBER OF 2023, UH, DEVELOPMENT SERVICES DEPARTMENT, UH, PROVIDED AN UPDATE TO THE PLANNING AND COMMUNITY DEVELOPMENT COMMITTEE. THAT'S PCDC, UH, RELATED TO OUR SHORT-TERM RENTAL ORDINANCE. AND AT THAT BRIEFING, UH, THE PCDC REQUESTED THAT DEVELOPMENT SERVICES STAFF CONVENE A TASK FORCE TO STUDY OUR EXISTING ORDINANCE. UH, RECOMMEND SOME ENHANCEMENTS, REALLY FOLLOWING SEVEN VERY SPECIFIC FOCUS AREAS. UM, WE DID, WE COORDINATED THE TASK FORCE. UH, WE SET ABOUT THAT PROCESS, UH, AND THAT TASK FORCE HAD ITS FIRST MEETING IN DECEMBER OF 2023. UH, JUST TO GIVE YOU KIND OF A QUICK IDEA, UH, WHERE WE SEE SHORT TERM RENTALS IN SAN ANTONIO, IT HAS REALLY SINCE FEBRUARY OF 2019 WHEN WE FIRST STARTED PERMITTING THEM. IT HAS ALWAYS BEEN THE CASE THAT DISTRICTS ONE AND TWO KIND OF HAVE THE LION'S SHARE. SO THAT'S DOWNTOWN, UH, AND THE NEIGHBORHOODS IMMEDIATELY NORTH, UH, NORTHEAST AND EAST OF DOWNTOWN. UM, BUT THEN, UH, THE REST OF THE DISTRICT'S KIND OF GOING IN CLOCKWISE ORDER, FILTER OUT THE REST. UM, WE HAVE JUST ABOUT 3000 PERMITTED SHORT-TERM RENTALS IN SAN ANTONIO TODAY. A LITTLE MORE ON THAT TASK FORCE. IT WAS COMPRISED OF 24 VOTING MEMBERS PLUS ALTERNATES. WE ACTUALLY HAD A TOTAL OF 38 MEMBERS, IF YOU INCLUDE ALTERNATES. UH, AND IT HAD A VERY BALANCED REPRESENTATION. UH, WE HAD NEIGHBORHOOD LEADERS. UH, EVERY COUNCIL DISTRICT WAS GIVEN THE OPPORTUNITY TO DIRECTLY APPOINT NEIGHBORHOOD LEADERS ONTO THE TASK FORCE. AND ALL 10 CITY COUNCIL DISTRICTS DID. UH, WE HAD REPRESENTATIVES FROM THE SHORT-TERM RENTAL ASSOCIATION, THE APARTMENT ASSOCIATION, UH, SOME OF THE PLATFORMS THAT OPERATE LIKE AIRBNB AND VRBO, WHICH IS, UH, EXPEDIA GROUP OWNS VRBO AND HOMEAWAY. UH, WE HAD THE TEXAS ORGANIZING PROJECT AS WELL AS THE TEXAS HOUSING. IT'S A HOUSING ADVOCACY GROUP. UH, AND, UH, LASTLY, STR OPERATORS AND PROPERTY MANAGERS. SO CERTAINLY WANNA THANK, UH, ALL THE FOLKS THAT CONTRIBUTED THEIR TIME TO THIS PROCESS. AND A LITTLE MORE ON THAT. WE HAD A, A TOTAL OF JUST UNDER 1,550 VOLUNTEER HOURS. UH, WERE POURED INTO THE PROCESS, UH, TO EXAMINE AGAIN, OUR CURRENT ORDINANCE AND FIND AREAS WHERE TWEAKS OR UPDATES WERE NEEDED THAT WAS SUPPLEMENTED BY 235 STAFF HOURS. UH, YOU SEE THE PICTURE THERE. WE MET IN THIS VERY ROOM, UM, SIX MEETINGS ACROSS FOUR MONTHS. UH, WE, AGAIN, I MENTIONED THAT PCDC GAVE, UH, THE DEPARTMENT, UH, VERY SPECIFIC DIRECTIONS. UH, THE SEVEN FOCUS AREAS, AND NO PARTICULAR ORDER OF IMPORTANCE WERE COMING UP WITH WAYS TO BOOST PERMIT COMPLIANCE AND HOTEL OCCUPANCY TAX COMPLIANCE, WHAT WE CAN DO TO ENHANCE OUR ENFORCEMENT AND VIOLATION STRATEGIES, WHAT WE CAN DO TO CRACK DOWN ON EVENTS AND PARTY HOUSES. THAT WAS A BIG ONE. UH, THERE WAS A REQUEST TO UPDATE, UH, SPECIFICALLY TO INCREASE THE PERMIT FEES, UH, AND THEN HOW THE CITY SHOULD RESPOND TO INDIVIDUAL VERSUS LLC, UH, WHEN THAT SORT OF OWNERSHIP STRUCTURE, UH, OWNS AND OPERATES THE SHORT TERM RENTAL. AND LASTLY, UH, WHAT PLATFORMS SHOULD BE RESPONSIBLE FOR DOING, UH, AS A RESPONSIBLE CORPORATE CITIZEN OPERATING WITHIN THE CITY ITSELF TO KIND OF FOCUS IN ON WHAT WE DID FOR THOSE SEVEN AREAS. UH, AGAIN, I'LL JUST GO TOP TO BOTTOM, UH, PERMIT COMPLIANCE RIGHT NOW. WHAT WE HAVE, UH, IN OUR TOOLKIT TO ENFORCE PERMITS, UH, IS THE CRIMINAL CITATION PROCESS. SO IF SOMEONE IS OPERATING A SHORT TERM RENTAL WITHOUT A PERMIT, WE POST A 14 DAY, 10 BUSINESS DAY NOTICE THAT SAYS YOU EITHER STOP OPERATING OR YOU APPLY FOR AND OBTAIN A PERMIT. [00:10:01] AND IF YOU FAIL TO DO THAT WITHIN 14 DAYS, YOU'RE ISSUED A CITATION. THOSE GO THROUGH THE MUNICIPAL COURT SYSTEM. WHAT WE DID, THE LARGEST ENHANCEMENT FOR THAT AREA IS WE MANDATED THAT PLATFORMS REQUIRE THAT POSTINGS ON THEIR ADVERTISEMENTS ON THEIR WEBSITE INCLUDE A PERMIT NUMBER. WE DO NOT REQUIRE THAT THOSE PLATFORMS VALIDATE THAT PERMIT NUMBER. THAT'S STILL A RESPONSIBILITY THAT FALLS ON CITY STAFF, BUT WE DO REQUIRE THAT THOSE PLATFORMS REMOVE A LISTING WITHIN 10 BUSINESS DAYS. IF STAFF FINDS THAT THE PERMIT NUMBER IS FRAUDULENT, EXPIRED, REVOKED FOR ANY REASON. SO THOSE PLATFORMS ARE GIVEN A 10 DAY WINDOW BUSINESS DAY WINDOW TO REMOVE THAT LISTING. UH, ALSO RELATED TO PERMIT COMPLIANCE, UH, MY TEAM OVER THE LAST YEAR AND A HALF, UH, WE HAVE ENTERTAINED A NUMBER OF APPLICATIONS, UH, WHERE IT IS CLEAR THAT SOME APPLICANTS ARE FALSIFYING INFORMATION, UH, IN ORDER MOST COMMONLY TO OBTAIN A TYPE ONE PERMIT WHEN THEY'RE INELIGIBLE FOR ONE. UH, SPECIFICALLY WE'VE SEEN PHOTOSHOP DRIVER'S LICENSES THAT TRY TO PROVE SOMEONE LIVES AT AN ADDRESS THAT THEY DON'T IN ORDER TO OBTAIN THAT PERMIT. SO THIS, UH, WOULD ALLOW CITY STAFF NOT ONLY TO DENY THAT APPLICATION, BUT IMPOSE A ONE YEAR PENALTY ON A SUBSEQUENT APPLICATION FOR THAT ADDRESS. UH, RELATED TO HOTEL OCCUPANCY TAX COMPLIANCE TODAY, EVERY SINGLE, UH, STR OPERATOR IS REQUIRED ON A MONTHLY BASIS TO LOG INTO THE AVENUE, UH, HOTEL OCCUPANCY TAX COLLECTION SOFTWARE, REPORT THE REVENUES FOR THAT PARTICULAR MONTH AND PAY THE ASSOCIATED HOTEL OCCUPANCY TAX. UH, THE BIGGEST CHANGE THAT WE'RE MAKING IS THAT WE ARE MANDATING THAT ANY PLATFORM THAT COLLECTS THE STATE HOTEL OCCUPANCY TAX MUST DO SO FOR THE CITY AND COUNTY TAX AS WELL. UH, THIS WILL AFFECT ABOUT 93 OR 94% OF THE LISTINGS IN SAN ANTONIO. ANY SHORT TERM RENTAL THAT CONTINUES TO OPERATE THEIR BUSINESS NOT ON A PLATFORM THAT COLLECTS THE STATE HOTEL OCCUPANCY TAX WILL STILL BE REQUIRED TO DO THE SAME THING THAT IS EXPECTED OF THEM TODAY. LOG IN REPORT THE REVENUES PAY THE ASSOCIATED TAX. THAT'S, AGAIN, ONLY ABOUT SIX TO 7% OF LISTINGS IN SAN ANTONIO REGARDING ENFORCEMENT AND VIOLATION STRATEGIES. UH, THE CURRENT ORDINANCE SAYS THAT IF A SHORT-TERM RENTAL OWNER OR OPERATOR ACCRUES THREE OR MORE CONFIRMED CITATIONS IN A SIX MONTH WINDOW, THAT PERMIT IS REVOKED. UH, WHAT WE HAVE FOUND SINCE 2019 WHEN WE STARTED ENFORCING OUR CURRENT ORDINANCE, IS THAT THERE IS NO PROPERTY THAT IS GOING TO ACCRUE THREE CONFIRMED CITATIONS IN A SIX MONTH WINDOW. IT OFTEN TAKES 12 MONTHS PLUS FOR ONE CITATION TO MAKE ITS WAY THROUGH THE COURT SYSTEM MUCH LESS THREE. SO WHAT THIS DOES, THE VERY BOTTOM BULLET IN THAT CHART IS WE EXTEND THAT WINDOW FROM SIX MONTHS TO THREE YEARS. SO THREE CONFIRMED. UH, THAT IS TO SAY A JUDGE HAS FOUND YOU GUILTY, UH, CITATIONS IN THREE YEARS CAN RESULT IN PERMIT REMIT REVOCATION. MORE IMPORTANTLY, IS THE CONCEPT OF A COMPLIANCE MEETING WITH THE DIRECTOR. AND WE ACTUALLY HAVE THIS IN OTHER CITY CODES, UH, SALVAGE YARDS. WE WE'RE ABLE TO REPLICATE SOME OF THE SIMILAR LANGUAGE, AND IT BASICALLY ALLOWS THE DIRECTOR OF DEVELOPMENT SERVICES TO SAY, I'M EITHER GETTING COMPLAINTS OF A PARTICULARLY EGREGIOUS NATURE, OR I'M RECEIVING COMPLAINTS OF A HABITUAL NATURE. I'M GETTING MULTIPLE NEIGHBORS CONTACTING THE DEPARTMENT SAYING THAT THERE'S PARTIES, EVENTS, UH, PUBLIC NUISANCES, AND WE CAN REQUIRE THAT THAT OWNER OR OPERATOR COME INTO, UH, AND PARTICIPATE IN A COMPLIANCE MEETING WITH OUR DIRECTOR. FAILURE TO ATTEND THAT MEETING MAY RESULT IN PERMIT COMPLIANCE. THAT'S THE DIRECTOR'S DETERMINATION. BUT THE PURPOSE OF THAT MEETING IS TO COME UP WITH A COMPLIANCE PLAN. WHAT IS THAT OWNER OR OPERATOR GOING TO CHANGE ABOUT HOW THEY OPERATE THEIR STR TO PREVENT THESE SORT OF PUBLIC NUISANCES GOING FORWARD? AND AGAIN, WE CAN COME UP WITH TERMS THAT SAY, HEY, IF I DON'T, IF I GET NO MORE COMPLAINTS IN SIX MONTHS, THEN YOU'RE GOOD. IF I CONTINUE TO RECEIVE COMPLAINTS, THEN WE'RE GONNA GO AHEAD AND MOVE TO REVOKE THAT PERMIT. AGAIN, FOR ANY PERMIT REVOCATION, THE BOARD OF ADJUSTMENT IS THE APPELLATE AUTHORITY. SO THAT IS SOMETHING THAT COULD POTENTIALLY COME BEFORE THE BOARD IN A FUTURE DATE. UH, LASTLY, WE ADDED CIVIL ENFORCEMENT THROUGH AN ADMINISTRATIVE HEARING OFFICER IN ADDITION TO THOSE CRIMINAL CITATIONS. SO WE DIDN'T GET RID OF CRIMINAL CITATIONS. WE CAN STILL PURSUE THAT, BUT CIVIL ENFORCEMENT THROUGH AN ADMINISTRATIVE ADMINISTRATIVE HEARING OFFICER, IS OFTEN VIEWED AS A MORE SPEEDY RESOLUTION. THOSE TEND TO BE RESOLVED IN WEEKS, NOT MONTHS. SO WE ARE, UH, KIND OF TRIPLING THE ENFORCEMENT OPTIONS WE HAVE WHEN IT COMES TO MAKING SURE FOLKS ARE OPERATING COMPLIANT. SHORT-TERM RENTALS, UM, I'M NOT GOING TO [00:15:01] REHASH, UH, THE COMPLIANCE MEETING, BUT WE REALLY SEE THAT AS A, AS A SOLUTION TO THOSE PARTY HOUSES, THOSE EVENT, UH, SPACES THAT ARE GENERATING LOTS OF CALLS FOR SERVICE, EITHER TO 3 1 1 OR SAPD. WE CERTAINLY BELIEVE THAT THAT WILL BE THE MOST EFFECTIVE TOOL IN PREVENTING EVENTS MOVING FORWARD. UH, THE TOPIC OF PERMIT FEES WAS, UH, HAD A LOT OF DISCUSSION. IN FACT, WE HAD CALLED, UH, ONE IN EXTRA MEETING OF THE TASK FORCE SPECIFICALLY TO TALK ABOUT PERMIT FEES. TODAY, OUR PERMIT FEE IS $100 FOR A THREE YEAR PERMIT. UH, WHAT THE SHORT TERM, UH, RENTAL TASK FORCE LANDED ON WAS $300 FOR A THREE YEAR PERMIT. UM, STAFF RAN THE NUMBERS THAT ACTUALLY COST RECOVERS THE, THE COST OF THE TEAM THAT ADMINISTERS THIS ORDINANCE. IT'S A SIX PERSON TEAM. UH, AND THAT ALMOST 100% JUST A LITTLE OVER. UH, IT COST RECOVERS. THE, THE COST OF THE TEAM, UH, $300 FOR THREE YEARS IS STILL, UM, IF NOT THE LOWEST TIED FOR THE LOWEST. UM, JUST TO GIVE THE BOARD A LITTLE BIT OF PERSPECTIVE, SOME CITIES, LIKE THE CITY OF AUSTIN, CHARGE $900 A YEAR FOR THEIR PERMIT. THEY ALSO HAVE INSPECTIONS, ANNUAL RE-INSPECTIONS. THEIR, THEIR PROGRAM, UH, HAS CERTAINLY HAS A LITTLE MORE COST, UH, THAT THEY HAVE TO RECOVER AS WELL. ONE OF THE ISSUES THAT WE HAVE HAD OVER THE YEARS REGARDING LLCS IS THAT THE LANGUAGE IN THE ORDINANCE TODAY IS EXTREMELY RIGID. AND IT SAYS THAT A PERMIT IS ISSUED TO AN OPERATOR OR AN OWNER, AND IT IS NOT TRANSFERABLE BETWEEN PEOPLE OR PROPERTIES. WHAT THAT HAS LED TO OVER THE YEARS IS, LET'S SAY I OWN AN LLC, I HAVE A COMPANY, WHATEVER IT MAY BE, THAT OPERATES A SHORT-TERM RENTAL, AND MY DESIGNATED OPERATOR QUITS, THEY'RE MOVING TO CALIFORNIA. I HAVE TO APPLY FOR A NEW PERMIT TO GET A PERMIT ISSUED IN SOMEONE ELSE'S NAME. WE SEE THAT AS AN UNNECESSARY ADMINISTRATIVE. IT'S CERTAINLY, IT'S AN ADMINISTRATIVE BURDEN ON STAFF. IT'S A FINANCIAL BURDEN ON OPERATORS. SO WE DID UPDATE THE CODE TO SAY THAT YOU CAN UPDATE YOUR CONTACT THE DESIGNATED OPERATOR, UH, WITHOUT HAVING TO GO THROUGH THAT RE-APPLICATION PROCESS. IT WAS ALSO DISCUSSED BY MEMBERS OF THE TASK FORCE THAT, UM, NOT ALLOWING THAT, UH, ESPECIALLY IN THE CASE OF MAYBE AN UNDERPERFORMING PROPERTY MANAGER, IT ALMOST DISINCENTIVIZES THE OWNER OF THE PERMIT TO GET SOMEONE IN THE POSITION THAT'S DOING IT THE RIGHT WAY BY, BY TYING A COST TO IT. SO WE'VE MADE THAT AN ADMINISTRATIVE CHANGE. EMAIL STAFF WILL UPDATE THE PERMIT AND YOU CAN POST THE NEW CONTACT INFORMATION. AGAIN, THE PLATFORM OBLIGATIONS. TODAY, WE HAVE NONE. UH, IF THIS IS APPROVED BY CITY COUNCIL, WE WILL HAVE TWO. THEY WILL BE REQUIRED NOT ONLY TO ENSURE THAT LISTINGS ONLINE HAVE A PERMIT NUMBER, BUT THEY WILL BE REQUIRED TO REMOVE THAT LISTING IF NOTIFIED BY STAFF THAT IT IS NOT A LEGITIMATE PERMIT NUMBER. AND THEN AGAIN, THEY WILL BE RESPONSIBLE FOR REMITTING HOTEL OCCUPANCY TAX TO THE CITY. UM, IF THEY ALREADY COLLECT THE STATE HOTEL OCCUPANCY TAX, AGAIN, THAT'S ABOUT 93 90 4% OF THE ACTIVE LISTINGS. REAL QUICK OVERVIEW OF TIMELINE, WHERE WE STARTED AND WHERE WE'RE GOING. SO WE PREPARED, UH, CREATED THAT TASK FORCE IN NOVEMBER. THAT TASK FORCE MET BETWEEN DECEMBER AND MARCH ACROSS, UH, SIX TOTAL MEETINGS. UH, WE HAD, UH, TWO, UH, COMMUNITY MEETINGS JUST LAST WEEK, WEDNESDAY AND THURSDAY ONE WAS HELD VIRTUALLY. UH, WE HAD ABOUT 90, 85 PEOPLE ATTEND THAT ONE. UH, AND THEN WE HAD A MEETING IN THIS ROOM, UH, THURSDAY EVENING WHERE WE HAD ABOUT 20 OR SO PEOPLE ATTEND. UM, OBVIOUSLY WE'RE AT THE BOARD OF ADJUSTMENT TODAY, THURSDAY THE 25TH, WE WILL BE PRESENTING NOT ONLY THE TASK FORCE AND STAFF'S RECOMMENDATION, BUT WE WILL BE PRESENTING YOUR RECOMMENDATION TO PCDC, UH, IN HOPES THAT WE ARE GIVEN THE GREEN LIGHT FROM PCDC TO PROCEED TO THE FULL CITY COUNCIL BODY FOR CONSIDERATION IN MAY. SO, SUPER HIGH LEVEL SUMMARY. WE BELIEVE THAT THE PROPOSED AMENDMENTS ENHANCE THE EXISTING ORDINANCE. I THINK IT GIVES STAFF, I KNOW IT GIVES STAFF A LOT MORE REGULATORY TEETH TO ENFORCE THE ORDINANCE. I, AND I KNOW THAT WE'LL BE ABLE TO ACHIEVE A LOT MORE, UH, COMPLIANCE AS A RESULT OF IT, BOTH FOR PERMITS AND HOTEL OCCUPANCY TAX, AND THEN, UH, IN OUR ABILITY TO CUT DOWN ON NUISANCE PROPERTIES. UH, WE DID PRINT OUT FOR EACH OF YOU, WE HAVE A, WE'VE RECEIVED LETTERS FROM SIX DIFFERENT, UH, ASSOCIATIONS SO FAR, OR I SHOULD SAY, UH, GROUPS OR PERSONS. WE HAVE LETTERS OF SUPPORT FROM THE SHORT-TERM RENTAL ASSOCIATION OF SAN ANTONIO, THE KING WILLIAM ASSOCIATION, THE SAN ANTONIO APARTMENT ASSOCIATION, AS WELL AS THE HOTEL AND LODGING ASSOCIATION. AND THEN TWO MEMBERS OF THE TASK FORCE, ONE REPRESENTING DISTRICT THREE, THE OTHER REPRESENTING DISTRICT ONE ALL WROTE IN THEIR COMMENTS AS WELL. AGAIN, [00:20:01] THOSE ARE PRINTED FOR YOUR REVIEW, AND STAFF IS AVAILABLE FOR ANY QUESTIONS. THANK YOU, BREGMAN. ALL RIGHT. THANK YOU. UH, COMMISSIONER BREGMAN. UM, TWO QUESTIONS. ONE, UH, REGARDING THE 30 DAY, IS IT 30 OR 20 DAY NOTICE? I MEAN, UH, RIGHT TO APPEAL MOVED FROM 10 DAYS, 20 DAYS, YEAH. 20 DAYS. UM, ARE THEY NOTIFIED OF THAT? 'CAUSE I REMEMBER IN A COUPLE OF OCCASIONS MM-HMM. WHERE SOME FOLKS WHO WERE, THEIR PERMITS WERE BEING REVOKED. THEY SAID, I DIDN'T KNOW THAT I HAD THE RIGHT TO APPEAL. MM-HMM. . YEAH. SO TWO THINGS. THE, THE CHANGE FROM 10 TO 20, THAT IS A STATE LAW. SO THAT WAS IMPOSED, UH, IN 2019, I BELIEVE IT WAS AS PART OF THE 87TH LEGISLATIVE CYCLE. SO THAT'S JUST ACCOUNTING FOR A MANDATE. UM, AND THEN YES, TODAY WE ABSOLUTELY, WHEN WE REVOKE A PERMIT, WE NOTIFY FOLKS IN THE REVOCATION EMAIL THAT THEY HAVE THE RIGHT TO APPEAL. UM, YOU KNOW, CERTAINLY AS, AS ANY TEAM, WE'RE CONSTANTLY TRYING TO IMPROVE OUR PROCESSES OVER TIME. I WOULD SAY SINCE THE LAST YEAR OR SO, WE'VE HAD THAT LANGUAGE, UH, BUILT INTO OUR, UH, REVOCATION EMAIL, GIVING THEM NOTICE OF THAT RIGHT. TO APPEAL. OKAY. GREAT. AND THEN MY SECOND QUESTION, THIS IS REALLY A LITTLE BIT OF A TANGENT, BUT IN THE CRIMINAL AND THE CIVIL, UM, RIGHT, I MEAN, OPTION TO PURSUE, DOES THAT ALSO APPLY TO, UM, OTHER, UM, VARIANCES THAT ARE NOT FOLLOWED THROUGH WITH, OR NOT APPROVED? WE'VE HAD A COUPLE OF INSTANCES WHERE, UM, SOMEBODY CAME AND, AND SAID, YEAH, A YEAR AGO, UM, THE PERSON WHO OWNED THIS HOUSE WAS, YOU KNOW, UH, APPLIED FOR AN ADJUSTMENT AND IT WASN'T APPROVED. MM-HMM. . AND HERE I AM, A YEAR LATER, I'M THE NEW OWNER. THEY NEVER FOLLOWED THROUGH WITH WHAT THEY WERE SUPPOSED TO DO. AND NOW HERE I AM IN FRONT OF THE BOARD AGAIN. SO IS THERE ANY CIVIL OR CRIMINAL, UM, PURSUIT OF PEOPLE WHO AREN'T FOLLOWING THROUGH ON, UM, ARE, ARE YOU SAYING MAYBE SOMEONE WAS DENIED THEIR PERMIT, BUT CONTINUE TO OPERATE IT ANYWAY? NO, I'M NOT. UM, AND I'M SORRY, I'M NOT TALKING ABOUT SHORT TERM RENTALS. I'M TALKING ABOUT VARIANCES AND ADJUSTMENTS THAT WERE DENIED BY THIS BOARD. OKAY. FOR WHATEVER REASON, OFFENSE, A CARPORT. GOTCHA. AND THEY DIDN'T COME INTO COMPLIANCE BASED ON THE DENIAL. RIGHT? SO IS THERE A CRIMINAL OR CIVIL, UH, PENALTIES FOR NOT COMPLYING? I MIGHT MIGHT LEAN ON JENNY FOR THIS ONE. CERTAINLY THAT IS SOMETHING CODE ENFORCEMENT COULD CONTINUE TO TAKE ACTION ON. GOOD AFTERNOON. MY NAME IS JENNY RAMIREZ, CODE ENFORCEMENT MANAGER. AND THE SHORT ANSWER IS YES, WE DO HAVE ESCALATIONS. UM, WE, WE DEFINITELY HAVE TO GO THROUGH EACH AND EVERY SINGLE STEP OF IT, BUT WE DO HAVE CRIMINAL, UM, CLASS C CASES THAT WE CAN FILE CASES AGAINST, UM, AN OWNER FOR VIOLATING, UM, EVEN A BOARD ORDER IN SOME INSTANCES. AND IN MOST INSTANCES, WE ALSO HAVE ADMINISTRATIVE CASES THAT WE DO CREATE TO BUILD THAT CASE HISTORY OF GIVING THEM EVERY OPPORTUNITY TO COMPLY WITH THE REQUIREMENTS. AND IF THEY DON'T, THE VERY BIGGEST STEP, THE BIGGEST, THE LONGEST TIME CONSUMING STEP IS DEFINITELY A CIVIL LAWSUIT. UM, THAT DOES THEN IMPOSE DAILY FINES AS WELL AS ADDITIONAL, UH, RESTRICTIVE PENALTIES, UM, THAT WE CAN PURSUE IN COURT. SO IT IS CONTINUALLY ESCALATING, BUT IT IS TIME CONSUMING IN SOME OF THOSE INSTANCES. WE WILL HAVE TO FOLLOW, UM, EVERY STEP OF THE WAY AND, AND INCLUDING POTENTIALLY CREATING NEW CASES IF A NEW OWNER MAY TAKE OVER IF THEY SELL THE PROPERTY. AND WE HAVE TO THEN START THE CASE OVER WITH THE NEW OWNER AND, AND WHATNOT. THANK YOU. ALL RIGHT. DO WE HAVE ANY, UH, CITIZENS ITEM TO SPEAK OR VOICEMAILS? WE HAVE ONE SPEAKER AND OR TWO SPEAKERS AND ONE VOICEMAIL. LET'S HAVE THE VOICEMAIL FIRST AND THEN, UH, WE'LL CALL THE FIRST SPEAKER. GOOD MORNING. THIS IS FOR AGENDA ITEM NUMBER TWO REGARDING THE PROPOSED AMENDMENTS TO THE UDC FOR SHORT TERM RENTALS. MY NAME IS DREA GARZA, PRESIDENT OF THE MONTICELLO PARK NEIGHBORHOOD ASSOCIATION, PO BOX 1 0 0 3 1 5, SAN ANTONIO, TEXAS 7 8 2 0 1. THE MONTICELLO PARK NEIGHBORHOOD ASSOCIATION SUPPORTS THE PROPOSED AMENDMENTS DEVELOPED AND RECOMMENDED BY THE CITY'S BALANCE 2023 SHORT TERM RENTAL TASK FORCE. WE SUPPORT THE CHANGES WHICH SEEK TO ENSURE THE CITY IS RECEIVING ALL THE HOT TAX. IT IS DUE FROM THE OPERATION OF SHORT TERM RENTALS CITYWIDE TO ADDRESS PARTY HOUSES, AND TO PROVIDE MORE RESOURCES TO INCLUDE COMPLIANCE, MEETING AN ADMINISTRATIVE ADJUDICATION FOR THE CITY STAFF TO ADEQUATELY ADMINISTER THE SHORT TERM RENTAL ORDINANCE. IT'S IMPORTANT TO CONTINUE TO MAINTAIN THE INTENT AND PURPOSE OF THE STR ORDINANCE WITH THE PROPOSED CHANGES, WHICH IS TO PROTECT THE HEALTH AND SAFETY OF OCCUPANTS OF SHORTTERM RENTAL PROPERTIES, AND TO PROTECT THE INTEGRITY OF THE NEIGHBORHOODS IN WHICH THE SHORT TERM RENTAL PROPERTIES OPERATE. THANK YOU FOR CONSIDERATION OF [00:25:01] OUR COMMENTS. ALL RIGHTY. FIRST PERSON IS MS. SHELLY. GOOD AFTERNOON. I AM SHELLY GALBRAITH, CHAIR OF THE SHORT-TERM RENTAL ASSOCIATION OF SAN ANTONIO, AND I OWN AND OPERATE AND STR IN KING WILLIAM. THE SHORT-TERM RENTALS ASSOCIATION OF SAN ANTONIO WAS ESTABLISHED IN RESPONSE TO THE INCREASING CHALLENGE PO POSED BY UNPERMITTED SHORT-TERM RENTALS THAT FAIL TO COLLECT AND REMIT HOTEL OCCUPANCY TAX. THIS ISSUE PLACES A COLLECTIVE BURDEN ON OUR COMMUNITY. NEIGHBORHOODS ARE PLAGUED WITH OVERCROWDED AND SOMETIMES DISRUPTIVE PROPERTIES PERMITTED SHORT-TERM RENTALS FACE UNFAIR COMPETITION, AND THE CITY EXPERIENCES SIGNIFICANT REVENUE LOSSES DUE TO UNCOLLECTED TAXES. MANY SHORT-TERM RENTAL HOSTS STRUGGLE TO GRASP THE COMPLEXITIES OF HOTEL OCCUPANCY, TAX COLLECTION, AND REMITTANCE WHEN LISTING THEIR PROPERTIES ON PLATFORMS SUCH AS AIRBNB AND VRBO. THIS DE DEPRIVES THE CITY OF VITAL REVENUE, BUT ALSO LEAVES PERMIT HOLDERS IN A PRECARIOUS SITUATION, OFTEN HAVING TO SEEK APPEALS TO REGAIN THEIR PERMITS. IN COLLABORATION WITH THE TIER ONE NEIGHBORHOOD COALITION, WE HAVE ENDEAVORED TO ADDRESS THIS ISSUE BY PROPOSING REVISIONS TO THE EXISTING ORDINANCE, WHICH IS PRESENTED IN THE DRAFT BEFORE YOU TODAY. OUR PROPOSED SOLUTION REQUIRES STR TO PROMINENTLY DISPLAY THEIR PERMIT NUMBERS IN THEIR LISTINGS OR FACE REMOVAL FROM THEIR PLATFORMS. ADDITIONALLY, PLATFORMS THAT ALREADY COLLECT STATE HOTEL TAX REPRESENTING WELL OVER 90% OF BOOKINGS, AS YOU'VE HEARD, WILL ALSO COLLECT AND REMIT CITY AND HOTEL, COUNTY HOTEL TAXES. WE ACKNOWLEDGE THE CHALLENGES ASSOCIATED WITH COLLECTING HOTEL TAX THROUGH LISTING PLATFORMS. BY PLACING THE RESPONSIBILITY OF TAX COLLECTION ON THOSE PLATFORMS, THE PROCESS SIMPLIFIES TO A MONTHLY REPORTING REQUIREMENT. TAX REMITTANCES FROM AIRBNB AND VRBO, FOR EXAMPLE, ARE CONSOLIDATED INTO A SINGLE LUMP SUM TO THE CITY WITHOUT DETAILED INFORMATION LINKING THEM TO PROPERTY ADDRESSES OR PERMIT NUMBERS. WE'RE CONFIDENT THAT OUR PROPOSED CHANGES WILL STREAMLINE THE TAX COLLECTION COLLECTION PROCESS FOR EVERYONE. WITH A SIMPLE REPORTING REQUIREMENT, COMPLIANCE BECOMES MUCH MORE STRAIGHTFORWARD AND ACHIEVABLE. WE ALSO BELIEVE THAT THESE TWO CHANGES WILL NOT ONLY ENHANCE PERMIT AND TAX COMPLIANCE, BUT ALSO FOSTER BETTER CONDITIONS IN NEIGHBORHOODS IN A FAIR ENVIRONMENT FOR ALL SDR OPERATORS IN SAN ANTONIO. AND WE APPRECIATE YOUR CONSIDERATION AND LOOK FORWARD TO YOUR SUPPORT IN IMPLEMENTING THESE MUCH NEEDED REFORMS. THANK YOU. THANK YOU. NEXT SPEAKER IS, UH, MS. BIANCA ONO. THANK YOU FOR THE OPPORTUNITY TO SPEAK. BIANCA MALDONADO 4 57 CLUB DRIVE. I'M HERE ON BEHALF OF THE TIER ONE NEIGHBORHOOD COALITION. AS A FOUNDING MEMBER AND A STEERING COMMITTEE MEMBER OF THE COALITION, WE SUPPORT THE RECOMMENDATIONS FOR THE CHANGES FOR THE TASK FORCE. AS AN INDIVIDUAL WHO SERVED ON THE FIRST STR TASK FORCE AND ALSO THE SECOND TASK FORCE. UH, I WANNA THANK CITY STAFF AND OUR ELECTED OFFICIALS FOR BRINGING THIS FORWARD, BECAUSE AS YOU'VE SEEN, THERE ARE CHANGES THAT NEED TO BE MADE. AND CITY STAFF NEEDS ADEQUATE TOOLS TO ENSURE THAT WE PROVIDE A SAFE ENVIRONMENT FOR THOSE THAT ARE STAYING IN SHORT-TERM RENTALS. AND AS THOSE SHORT-TERM RENTALS OPERATE IN OUR NEIGHBORHOODS, AS YOU SAW, DISTRICTS ONE, TWO, AND SEVEN ARE THE TOP THREE COUNCIL DISTRICTS WITH DISTRICT ONE AND TWO, HAVING THE LION'S SHARE OF THESE SHORT-TERM RENTALS. AND YOU THINK THAT THOSE ARE OPERATING IN SOME OF OUR MOST, UM, HISTORIC NEIGHBORHOODS, MANY OF THOSE IN HISTORIC DISTRICTS. AND YOU THINK OF WHAT DOES HOT TAX GO FOR? IT GOES FOR THE ARTS. IT ALSO GOES FOR HISTORIC PRESERVATION. SO IT'S INCUMBENT THAT THE CITY BE ABLE TO RECOVER EVERY DOLLAR THEY'RE ENTITLED TO FOR HOT TAX. AND FOR THOSE THAT AREN'T PAYING HOT TAX, THE MESSAGE SHOULD BE CLEAR. YOU NEED TO PAY YOUR HOT TAX. EVERYBODY ELSE DOES. AND WE NEED THOSE MONIES COMING INTO THE CITY. FOLKS, IT'S MILLIONS OF DOLLARS, MILLIONS OF DOLLARS. SO PLEASE, PLEASE MOVE THESE RECOMMENDATIONS FORWARD. I ALSO WANNA SAY THAT THE ONE AND DONE WITH THE PARTIES GIVING THE CITY THE TOOLS TO REVOKE PERMITS. WHEN YOU SEE PEOPLE OPERATING OUTSIDE THE PARAMETERS OF A SHORT TERM RENTAL PERMIT WHEN THEY'RE HOSTING EVENTS AND THEY'RE HOSTING PARTIES, YOU DIDN'T HEAR ABOUT THE CRAZY PARTY WITH 200 KIDS WHO FLED AND THEY WERE CHARGING A COVER CHARGE. THEY WENT OUT AND ROCKED THE SAPD VEHICLE THAT RESPONDED AND THEN GOT ON TOP OF THE VEHICLE AND DANCED. THAT HAPPENED IN OUR COMMUNITY. SO THE RECOMMENDATIONS BEFORE YOU ARE BASED ON INCIDENCES THAT OCCURRED IN OUR COMMUNITY IN A DIRECT RESPONSE TO PROTECT OUR NEIGHBORHOODS, TO PROTECT OUR RESIDENTS AND THE PEOPLE WHO ARE STAYING THERE. I ALSO WANNA THANK YOU FOR YOUR ROLE IN THE PROCESS BECAUSE AS [00:30:01] YOU HEAR CASES FOR SPECIAL EXCEPTIONS, PEOPLE SEEKING TO EXCEED THE DENSITY LIMIT AND ALSO, UH, RESTORE SOMEBODY'S PERMIT WHEN IT HAS BEEN REVOKED. IT'S IMPORTANT FOR YOU TO WEIGH ALL THE COMPONENTS. CITY STAFF REACHES OUT TO RESIDENTS AND TO THESE OPERATORS OF SHORT TERM RENTALS, BUT THEY DON'T ALWAYS HAVE THE RIGHT EMAIL ON FILE. THEY DON'T ALWAYS HAVE A GOOD PHONE NUMBER ON FILE. IT'S PART OF DOING BUSINESS. IT'S PART OF THEIR RESPONSIBILITY JUST AS THEIR RESPONSIBILITY TO REPORT THEIR HOT TAX AND TO REMIT THAT HOT TAX. I'LL TELL YOU THE GAME CHANGER THIS TIME AROUND IS TO HAVE THE PLATFORMS REMIT THAT TAX TO ENSURE THAT THE CITY COLLECTS THE MILLIONS OF DOLLARS THEY'VE BEEN MISSING OUT ON. SO PLEASE, PLEASE SUPPORT THE RECOMMENDATIONS BEFORE YOU TODAY, AND THANK YOU FOR YOUR ROLE IN THE PROCESS. THANK YOU. THANK YOU. SO BEFORE WE MOVE TO A MOTION, I'M GONNA SEE IF THERE'S ANY, UH, QUESTIONS FROM THE COMMISSION. BRAGMAN COMMISSIONER BRAGMAN, UH, THIS IS A QUESTION FOR STAFF. I KNOW THAT, UM, IN GALVESTON, THEY, UM, THE HOT TAXES ARE COLLECTED BY THE PLATFORMS. YEP. IN, IN REFERENCE TO, UM, THE LADY WHO SPOKE FIRST. DO WE KNOW IF THIS IS SOMETHING THAT, I MEAN, GALVESTON'S A PRETTY SMALL TOWN COMPARED TO SAN ANTONIO. CAN THEY HANDLE MM-HMM, , THIS, THE, THE PLATFORMS. SO GALVESTON, DESPITE BEING A SUBSTANTIALLY SMALLER TOWN THAN SAN ANTONIO, ACTUALLY HAS MORE SHORT TERM RENTALS. UH, BY, WHEN WE LOOKED, IT WAS WITHIN A HUNDRED. UM, WHEN WE, WHEN WE MET WITH THE CITY OF GALVESTON, UM, OF COURSE WE WANTED TO TALK TO CITIES THAT HAD DONE SOMETHING SIMILAR. UH, WE WANTED TO SEE HOW IT WENT. AND THE EXPERIENCE OF GALVESTON WAS THAT WHEN THEY APPROVE THESE CHANGES, SPECIFICALLY THAT HOTEL OCCUPANCY TAX COLLECTION AND REQUIRING THAT PLATFORMS PROVIDE A PERMIT NUMBER, THOSE ARE KIND OF THE, THE TWO MAJOR THINGS THAT GALVESTON DID. THEY SHARED WITH US THAT ALMOST OVERNIGHT THEIR COMPLIANCE RATE JUMPED FROM THE LOW SIXTIES TO THE MID NINETIES. SO IT HAD A SUBSTANTIAL, UH, EFFECT, UH, IN GALVESTON FOR THE BETTER. UM, SO YEAH, I MEAN THEY, THE PLATFORMS WERE ABLE, UM, TO KEEP UP AND CERTAINLY AS PART OF THIS TASK FORCE, BOTH AIRBNB AND EXPEDIA GROUP PARTICIPATED AS VOTING MEMBERS. UM, SO WE'RE, WE'RE VERY EXCITED AND HOPEFULLY WE CAN REPLICATE SIMILAR RESULTS. THANK YOU. MM-HMM. , ANY OTHER QUESTIONS? YES, MR. BARTON? UM, I DON'T HAVE ANY PARTICULAR ISSUE WITH THE REVISIONS IN THE ORDINANCE. THERE IS ONE LITTLE ISSUE I WOULD LIKE TO DISCUSS. UH, AND THAT IS THE WAY NOTICE IS PROVIDED. MM-HMM. OF A IMPENDING REVOCATION OF A PERMIT. MM-HMM. , WE'VE HAD REPEATED CASES BEFORE THIS BOARD OF PEOPLE APPEALING THE REVOCATION 'CAUSE THERE WAS SOME CONFUSION MM-HMM. ABOUT WHETHER THEY RECEIVED THE NOTICE, WHETHER IT WENT TO THE RIGHT EMAIL ADDRESS OR WHATEVER. YEAH. IT SEEMS TO ME IT WOULD BE ELIMINATE A LOT OF THOSE ISSUES. IF IN ADDITION TO SENDING THE NOTICE TO AN EMAIL ADDRESS, WE SENT NOTICE OF AN IMPENDING REVOCATION THE OLD FASHIONED WAY BY, YOU KNOW, CERTIFIED US MAIL MM-HMM. TO THE PERMIT, UH, OWNER'S ADDRESS. AND I'D LIKE TO SUGGEST THAT THAT BE MADE PART OF THE PROCESS. I, WE'RE NOT TALKING, I'M NOT TALKING ABOUT AN AMENDMENT TO THE ORDINANCE. THE ORDINANCE RIGHT NOW SAYS PRACTICALLY NOTHING ABOUT THE NATURE. IT SIMPLY SAYS YOU HAVE TO PROVIDE NOTICE IN WRITING. IT DOESN'T SAY ANYTHING MORE ABOUT IT. YEP. BUT I WOULD LIKE TO GO ON RECORD IN SOME FASHION AS MAKING THAT RECOMMENDATION THAT THAT NOTICE ALSO BE PROVIDED, UH, TO THE OWNER BY CERTIFIED MAIL, WHICH WOULD, I BELIEVE BE A NET SURE. INCREASE IN EFFICIENCY, UH, BY ELIMINATING THAT WHOLE ISSUE. YEAH. SO I'M VERY GOOD FEEDBACK, AND CERTAINLY WE, WE CAN CONSIDER THAT. I, I WILL TELL YOU THE REASON WE USED TO MAIL NOTICE OF, OF DELINQUENCY AND NOTICE OF REVOCATION. THE REASON THAT WE SWITCHED TO EMAIL IS BECAUSE PEOPLE WOULD APPEAR, COME BEFORE THIS BOARD AND SAY, WELL, I, I DIDN'T GET THE LETTER. I DIDN'T GET THE LETTERS. AND, AND VERY SIMILAR TO WHAT ONE OF THE PUBLIC SPEAKERS MENTIONED, YOU KNOW, WE SEND THE EMAIL NOTICE TO THE SAME EMAIL THAT THE CUSTOMER ELECTS TO PUT ON FILE THE SAME EMAIL THAT WE EMAILED THEIR PERMIT TO. I, I THINK THAT IT'S, IT'S INTERESTING THAT EVERYONE SEEMS TO GET THE PERMIT, BUT NOBODY SEEMS TO GET THE NOTICE OF DELINQUENCY. YEAH. BUT CERTAINLY WE CAN LOOK AT KIND OF A TWO-PRONGED ATTACK. WELL, I WOULD LIKE THE BOARD TO SOMEHOW GO ON RECORD OF MAKING THAT RECOMMENDATION. YEAH, I, I'D LIKE TO JUST ADD THAT, UH, I'M SURE THAT, UH, MAYBE THERE'S A WAY TO TEST YOUR EMAIL. THERE COULD BE SOMETHING LIKE THAT JUST FOR PEOPLE TO TEST IT EVERY SO OFTEN. MM-HMM. , AND I KNOW THE CITY DOES DO DIFFERENT MEANS AND METHODS FOR DIFFERENT COMPLIANCE ISSUES. SOMETIMES THEY PUT STUFF ON YOUR DOOR, THEY PUT A LITTLE HANG TAG. YOU KNOW, I HAD MY, I I HAD A FAMILY MEMBER INVOLVED IN A [00:35:01] SMALL ACCIDENT AND I GOT A CERTIFIED LETTER FROM THE IMPOUND YARD TELLING ME THAT. GOTCHA. COME GET THAT. MM-HMM. CAR THAT DOESN'T DRIVE. BUT, YOU KNOW, IT'S INTERESTING HOW THERE'S DIFFERENT MEANS AND METHODS, UH, THE CITY USES. SO I, I WOULD LIKE TO SEE AT LEAST A WAY FOR SOMEONE TO TEST AN EMAIL. I DUNNO, SOMETIMES I HAVE A GMAIL ACCOUNT THAT I DON'T GET EMAILS SOMETIMES. I MEAN, I DON'T, I DUNNO. WELL, I, I, MR. I, I WILL SAY THAT I, I THINK ONE OF PROVIDED CITY COUNCIL APPROVES THIS PACKAGE OF AMENDMENTS. I THINK THAT THE NUMBER OF PROPERTIES THAT WILL BE HOTEL OCCUPANCY, TAX DELINQUENT IS GONNA SHRINK BY ABOUT 93 OR 94% BECAUSE IT'S NOT THOSE INDIVIDUAL OPERATORS THAT ARE RESPONSIBLE FOR PAYING THAT TAX. IT'S GONNA BE THE PLATFORMS. AND REALLY, IF YOU HAVE A, IF YOU HAVE SOMEBODY WHO IS APPEALING AND THEY COME WITH ENOUGH EVIDENCE TO SHOW THEY DIDN'T GET SOMETHING, WE'LL HAVE TO TAKE THAT IN CONSIDERATION. WELL, YEAH, I WOULD LIKE SOMETHING IN THE RECORD OF THIS MEETING TO REFLECT THAT RECOMMENDATION. I'M NOT SURE HOW TO DO THAT. DO WE HAVE A, DO WE HAVE A MEANS TO DO THAT? MR. CHAIR, IF I CAN CHIME IN? WE'RE, WE'RE DEFINITELY HAVING THOSE CONVERSATIONS ABOUT NOTIFICATION PROCESS INTERNALLY, AND THIS IS REALLY A PARTNERSHIP BETWEEN FINANCE AND DEVELOPMENT SERVICES, UM, BECAUSE WE'RE TALKING ABOUT POTENTIAL REPORTING AND HOTEL OCCUPANCY TAX DELINQUENCIES. BUT DEFINITELY THAT IS SOMETHING YOU CAN DO. YOU CAN PROVIDE A RECOMMENDATION AS PART OF YOUR MOTION FOR US TO CONTINUE THE DISCUSSION. SURE. I DON'T KNOW THAT THAT'S GONNA BE, UM, A CONCERN OF OURS BECAUSE WE'RE ALREADY DOING IT. SO COULD THE MINUTES JUST REFLECT THAT THE, THAT A BOARD DISCUSSION, UM, UM, RESULTED IN A, UM, A RECOMMENDATION OR SUGGESTION TO STAFF TO, TO LOOK AT, UH, NOTIFICATION MEANS AND METHODS? YES, SIR. THAT'S WHAT I, YEAH, I DON'T KNOW WHETHER THAT'S WHAT I WAS GONNA NOTE TO YOU. I DON'T KNOW WHETHER THAT THAT'S BEST AS A RECOMMENDATION TO THE STAFF OR IF IT IS A DIRECTION TO THE STAFF OR, OR WHAT, BUT I, I, YOU KNOW, I'M OPEN ON THAT, BUT I, I WANT SOMETHING IN THE RECORD ON THAT. SURE, SURE. IT'LL BE IN THE MINUTES. SO IF THERE'S NOTHING ELSE YES. COMMISSIONER MAD. SO A COUPLE QUESTIONS. UM, SO, SO SOME GREAT THINGS. SO, SO, MM-HMM. , SO HATS OFF TO Y'ALL, UH, TO THE GROUP AND THE TEAM. AND SO, SO ONE QUESTION, YOU KNOW, I LIKE AUTOMATION AND, YOU KNOW, SO KIND OF LOOKING THROUGH THE THING. SO ONE OF THE DIALOGUES IS, UM, THE PLATFORMS ARE GOING TO INCLUDE, UM, UM, OR MUST INCLUDE THE, THE PERMIT NUMBER. YEP. SO IS THAT GONNA BE A REPORT GIVEN BACK TO THE CITY ON A RECURRING BASIS SO THAT YOU AREN'T HAVING TO PARSE THAT DATA? OKAY. SO IS THE CITY WORKING ON SOMETHING TO, SO WE, WE HAVE, WE HAVE A CONTRACT WITH A THIRD PARTY COMPANY CALLED AVENUE. AND PART OF WHAT AVENUE DOES IS THEY COLLECT TAX. AND THE OTHER HALF OF AVENUE IS, IT GIVES US INSIGHT INTO THE NUMBER OF LISTINGS. I CAN DRILL DOWN TO A SINGLE LISTING. WE CAN SEE HOW MANY NIGHTS THEY WERE ABLE TO RENT THAT PROPERTY IN A PARTICULAR MONTH. ONE OF THE FUNCTIONS OF AVENUE IS I CAN RUN A REPORT THAT SAYS, FIND ME LISTINGS THAT DON'T HAVE A PERMIT NUMBER. SO IT'S NOT GONNA BE NECESSARILY BUILT IN AUTOMATION, BUT I CAN RUN A REPORT THAT GIVES ME THAT. AND THEN WITH THAT, I CAN SEND OUT HUNDREDS OF EMAILS IN A WEEK TO SAY, REMOVE IT, REMOVE IT, REMOVE IT ON, ON THAT NOTE. DOES, DOES, DOES AVENUE OR DO DOES THE CITY DIRECT LIKE VBRO TO REMOVE A LISTING? OR IS THAT SOMETHING THEY'RE SUPPOSED TO DO AUTOMATICALLY? WE, WE HAVE TO DIRECT THEM. OKAY. SO THAT, THAT WAS THE UNDERSTANDING FROM THE PLATFORMS IS, HEY, WE'RE, WE'RE WILLING TO REQUIRE THAT AND WE'RE WILLING TO REMOVE A LISTING IF NOTIFIED BY STAFF. BUT VRBO DOESN'T HAVE THE STAFF RESOURCES TO POUR THROUGH VRBO LISTINGS AND FIND LISTINGS THAT DON'T MEET INDIVIDUAL MU MU MUNICIPALITIES ORDINANCES. THAT'S STILL A RESPONSIBILITY THAT FALLS ON STAFF. BUT AGAIN, IF I CAN RUN A REPORT THAT SAYS, OKAY, HERE ARE THE 1100 STR THAT DON'T HAVE A PERMIT, DIVIDE THAT UP AMONGST THE TEAM. EVERYONE TAKE 20 A DAY, LET'S SEND THE EMAILS OUT. AND THEN WE WOULD, OF COURSE EXPECT AN INFLUX OF PERMIT APPLICATIONS AT THAT POINT IN TIME. SO THE NEXT QUESTION IS, AGAIN, ON THE AUTOMATION THEME IS YOU TALKED ABOUT CITATIONS GOING TO, UH, I GUESS TO YOUR TEAM. MM-HMM. OR, OR THE, YOUR TEAM TO BE ABLE TO REVIEW THE CITATIONS. IS THAT AN AUTOMATED PROCESS SO THAT AS, UM, UM, STRS GET A CITATION THAT YOUR TEAM IS AUTOMATICALLY NOTIFIED OF THAT SO THAT YOU ARE BUILDING THAT LIST VERSUS HAVING TO GO OUT AND WAIT FOR, YOU KNOW, THE COMMUNITY TO GO AN UPROAR? YEAH, SO WE HAVE, CERTAINLY, WE RESPOND TO CALLS FROM CITIZENS. UH, THE SHORT TERM RENTAL TEAM HAS A DEDICATED CODE ENFORCEMENT OFFICER. UM, AND THEN WE ALSO HAVE A PROACTIVE COMPONENT. SO ABOUT TWO THIRDS OF WHAT WE GO AND ULTIMATELY ISSUE CITATIONS OR WARNINGS FOR ARE PROPERTIES THAT OUR TEAM HAS IDENTIFIED AS LISTING WITHOUT A PERMIT. WE'LL SEND A CODE OFFICER OUT THERE 14 DAY WARNING DAY 15 THAT TURNS INTO A CITATION IF THEY HAVEN'T COME INTO COMPLIANCE. BUT THAT'S ALL IN-HOUSE ON THE STR TEAM. AND FINAL QUESTION HERE IS, UM, SO, SO IT SOUNDS LIKE A LOT OF THE SDR UM, [00:40:01] COLLECTION OF THE HOT TAX IS BEING RESOLVED HERE, WHICH IS WONDERFUL. UM, YOU KNOW, SO, BUT THERE'S STILL A REQUIREMENT OF THE REPORTING. YES. AND SO, SO FAILURE TO REPORT RESULTS IN WHAT MM-HMM. . AND ARE THOSE THE CASES WE'RE GONNA START SEEING NOW IS REALLY JUST THE, THE BACKEND OF NOT REPORTING MM-HMM. AND DOES THAT SAY HAVE THE SAME WEIGHT WE'LL SAY AS THE TWO TIED TOGETHER? 'CAUSE I THINK THERE'S A BIG DIFFERENCE BETWEEN US STOOP. YEAH. I, YOU KNOW, CERTAINLY WE ANTICIPATE IT COULD WELL BE THE CASE THAT DESPITE THE FACT THAT PLATFORMS ARE REMITTING, THE TAX INDIVIDUAL OPERATORS ARE NOT REPORTING THEIR REVENUES, I CERTAINLY FORESEE THAT WE WOULD CONTINUE TO SEND NOTICE TO THOSE PERSONS TO SAY, HEY, YOU NEED TO, YOU NEED TO REPORT WHAT YOU'RE EARNING. I THINK IT'S, YOU KNOW, AN ONGOING CONVERSATION WITH FINANCE AND DSD TO DETERMINE HOW WE'RE GONNA RESPOND TO THAT. YOU KNOW, THE TAX IS BEING PAID, SO WHAT ACTIONS ARE WE GONNA TAKE? UM, SO I DON'T KNOW THAT I HAVE A A FIRM ANSWER FOR YOU ON THAT ONE TODAY. UM, BUT CERTAINLY WE'LL BE SHARING THAT WITH THE BOARD WHEN THAT DECISION IS MADE. COMMISSIONER, WE CAN, UM, WE HAVE SOMEONE HERE FROM FINANCE THAT CAN HELP IDENTIFY WHAT THE PROCESS IS TODAY. HI, I AM TINA MARILLO. I'M THE TAX ASSESSOR IN THE FINANCE DEPARTMENT. WE ARE RESPONSIBLE FOR ADMINISTRATING THE HOT. UM, OUR CONCERN ABOUT REPORTING, UH, HAS ALWAYS BEEN, IT IS REQUIRED BY STATE LAW. AND WHEN SOMEONE DOES NOT REPORT, WE ARE UNAWARE IF THERE WAS ACTUAL TAX TO BE REMITTED OR IF IT WAS INDEED WHAT WE CALL A ZERO REPORT WHERE SOMEONE DID NOT USE THAT PROPERTY AS A SHORT TERM RENTAL FOR THE REPORTING PERIOD. AND, UM, WE HAVE UTILIZED THE NON-REPORTING, UH, YOU KNOW, GIVE THEM, GIVE THEM 90 DAYS. WE HAVE USED THAT AS A COMPLIANCE TOOL, AND SO WE WOULD RECOMMEND THAT WE RETAIN THAT AS A COMPLIANCE TOOL GOING FORWARD. WHAT, WHAT I WILL SAY IS THERE WAS DISCUSSION ON THE TASK FORCE. IS IT POSSIBLE TO GET THE PLATFORMS TO NOT ONLY REMIT THE TAX, BUT TO ALSO SHARE WITH THE CITY THE REVENUES? THAT WAY INDIVIDUAL OPERATORS DON'T HAVE TO DO THAT ON A MONTHLY BASIS. AND FOR BOTH AIRBNB AND VRBO, THAT WAS A BRIDGE TOO FAR. THAT'S SHARING TOO MUCH PERSONAL INFORMATION. I THINK, UH, OUR REPRESENTATIVE FROM EXPEDIA GROUP, HER, HER ANALOGY WAS PRETTY BENEFICIAL. WHEN HOME DEPOT GOES TO PAY THE SALES TAX THEY'VE COLLECTED TO THE GOVERNMENT, THEY SEND OVER THE MONEY. THEY SAID, THIS IS HOW THE REVENUE WE BROUGHT IN, THIS IS THE TAX THAT WE OWE. THEY DON'T ITEMIZE HOW MANY, TWO BY FOURS AND FOUR BY FOURS AND EIGHT BY FOURS THEY SOLD. THEY DON'T GET INTO THAT GRANULAR LEVEL OF DETAIL, AND THE PLATFORMS DIDN'T WANT TO BE RESPONSIBLE FOR HAVING TO DO THAT. SO THAT WAS KIND OF THEIR LINE IN THE SAND. SO, UH, TWO QUESTIONS FOR ME IS, UM, WHEN SOMEONE CALLS 3 1 1 MM-HMM. , IS THERE A, IS THERE A WAY TO DIRECT THAT TO THE SHORT TERM RENTAL? MM-HMM. WE DO, UH, THERE, YEAH. SO I, I, WE GET THOSE WEEKLY AND THEN I ALSO GET A MONTHLY REPORT FROM, UH, THE 3 1 1 TEAM, PAULA STALL CUP AND HER GROUP. AND DID, DID THE TASK FORCE, UH, ANY DISCUSSION COME UP WITH PEOPLE WHO ARE GETTING PERMITS AND NOT USING THEM AT ALL AS A WAY OF, OF KEEPING SOMEONE ELSE FROM GETTING A PERMIT? I MEAN, IS LIKE, IF IT, DID IT COME UP LIKE, IF YOU HAVE A PERMIT AND YOU DON'T USE IT FOR THE THREE YEARS? YEAH. LIKE, YOU DON'T, YOU HAVE TO GET IN THE BACK OF THE LINE IF SOMEONE ELSE WANTS IT OR ANYTHING. WE, THAT, THAT WASN'T REALLY DISCUSSED. WHAT, WHAT WE HAVE DONE TO KIND OF SOLVE THAT PARTICULAR PROBLEM IS THE FOLKS THAT ARE GOING OUT, THEY'RE GENERALLY APPLYING FOR A TYPE TWO PERMIT BECAUSE THAT'S, YOU KNOW, THAT'S THE ONE WHERE THE, THE DENSITY LIMIT APPLIES. WE'VE HAD A COUPLE APPLICATIONS OVER THE LAST YEAR OR YEAR AND A HALF WHERE PEOPLE HAVE A HOMESTEAD EXEMPTION. THEY'RE TRYING TO GET A TYPE TWO PERMIT. AND WHAT WE'VE SAID IS, IF YOU'RE ELIGIBLE FOR A TYPE ONE, YOU'RE GONNA GET A TYPE ONE. YOU CAN DO YOUR STR, THAT'S FINE. BUT IF YOU'RE ELIGIBLE FOR A TYPE ONE, WE'RE NOT GONNA LET YOU OBTAIN A TYPE TWO TO LOCK DOWN THE BLOCK FACE. SO KIND OF ADMINISTRATIVELY, I THINK WE'VE BEEN ABLE TO SOLVE THAT PROBABLY. OKAY. UM, COMMISSIONER BRACKMAN , ONE LAST QUESTION. MM-HMM, . UM, SO WHAT HAPPENS IF THE, UH, AMOUNT REPORTED BY THE PLATFORM DIFFERS FROM THE MONTHLY REPORT SUBMITTED BY THE OPERATOR? I'M GONNA HAVE TO DEFER TO FINANCE ON THAT ONE. I, I THINK WE, IN ALL LIKELIHOOD, UH, WE ARE NOT GOING TO HAVE A HUNDRED PERCENT COMPLIANCE ON PEOPLE LOGGING IN AND REPORTING. AND THAT'S REALLY WHY THAT MONTHLY REPORTING IS SO IMPORTANT. BECAUSE WITHOUT IT, THE CITY HAS NO WAY TO ASSESS IF THE CHECK THAT THEY'RE RECEIVING FROM ANY GIVEN PLATFORM IN ANY GIVEN MONTH MAKES SENSE. IS THAT THE RIGHT AMOUNT? SO THE, THE QUESTION IS, WHAT IF THE, THE AMOUNT WE GET FROM AIRBNB DOESN'T MATCH WHAT EVERYONE IS LOGGING INTO REPORT? HOW DO WE RECONCILE THE DIFFERENCE AS PART OF THIS ORDINANCE CHANGE GOING FORWARD? WE WILL BE DOING A, A, A RECON MONTHLY TO TRY TO TIE OUT WHAT WE'VE RECEIVED FROM AIRBNB, UH, ACCORDING TO WHAT PEOPLE REPORTED. [00:45:01] AND SO IT'S VERY IMPORTANT THAT PEOPLE REPORT WHAT THEY PAID THROUGH AIRBNB OR WHAT WAS PAID THROUGH AIRBNB, AND THEN WHAT THEY MAY BE RENTING OFF PLATFORM. SO THAT REPORTING AGAIN, IS VERY IMPORTANT, UH, BECAUSE IT WILL HELP US TIE IT OUT. I, I WILL SAY THAT IN THAT THE PLATFORMS FOR THE MAJORITY OF LISTINGS ARE REMITTING THE TAX FOR YOU. I THINK IT REALLY DISINCENTIVIZES UNDER REPORTING, UH, WHICH I KNOW HAS BEEN A PROBLEM FOR SEVERAL SHORT-TERM RENTALS ACROSS THE CITY. MAYBE THEY GENERATED 2000, BUT WE REPORTED 1200. IF THE TAX IS BEING WITHHELD BY THE PLATFORM ALREADY, IT DISINCENTIVIZES WHY YOU WOULD DO THAT. RIGHT? BUT IF IT'S THE OPPOSITE, IS THERE AN APPEAL? WHAT, IS THERE AN APPEAL PROCESS IF, IF, IF THE OPERATOR SAYS, NO, I REALLY DIDN'T HAVE THAT MANY NIGHTS OF OCCUPANCY. UH, I WILL TELL YOU THAT IS IF, IF THEY RENT IT OUT AND THEN THE THEY GIVE A REFUND OR SOMETHING, AND THEN MAYBE THAT WOULD BE A REASON WHY IT WOULD BE LESS WORK CANCELLATION, WORK CANCELLATION LAST MINUTE, THAT THAT DOES HAPPEN. BUT IT'S NOT VERY, IT'S NOT VERY COMMON. UM, PEOPLE DO HAVE VARIANCES IN WHAT IS PAID THROUGH AIRBNB AND WHAT THEY REPORT DUE TO TIMING. UH, YOU KNOW, WHAT'S THE 30TH OF THE MONTH VERSUS THE 31ST OF THE MONTH, THAT SORT OF THING. SO YES, WE WOULD BE DOING, YOU KNOW, A EVALUATION AND ANALYSIS OF THIS. IT WOULDN'T BE A A, A FLAT, UH, HEY, YOU, YOU'RE OFF BY A, A DOLLAR OR WHATEVER. SO IF SOMEONE RAN IT ON THE 27TH AND THEN LEFT ON THE SECOND OF A MONTH, UM, THE LAST DAY MIGHT BE THE DAY THAT IT GETS REPORTED. YEAH. AIRBNB DOESN'T SUBMIT, THOSE FUNDS MAY NOT SUBMIT THOSE FUNDS UNTIL THEY'RE RECEIVED, BUT IF YOU LOOK AT A TWO MONTH AVERAGE, IT SHOULD BE FINE. OKAY. I, I WILL ALSO SAY AGAIN, THAT THIRD PARTY CONTRACT, UH, THAT WE HAVE WITH AVENUE I, IF WE DID GET THAT SITUATION, UH, OPERATOR SAYS, I ONLY MADE A THOUSAND, BUT AIRBNB THINKS I MADE 1500. WE HAVE ACCESS THROUGH THAT SYSTEM TO HOW MANY NIGHTS THEY BOOKED IT, WHAT THAT NIGHT, WHAT THE, THE PRICE WAS EACH NIGHT, WHAT THE CLEANING FEES WERE, WHAT THE TAXES WORKED OUT TO BE. SO WE AS A CITY HAVE ACCESS TO THAT INFORMATION AS WELL. BUT AGAIN, WHEN, WHEN WE MET WITH, WITH GALVESTON, WHO'S BEEN DOING THIS FOR ABOUT TWO YEARS NOW, THAT WAS NOT SHARED AS, AS A PARTICULAR PROBLEM WITH THEIR ENHANCEMENT. OKAY. ANY OTHER QUESTIONS? YES. UM, SO JUST TO GO OFF OF, UM, WHAT MY COLLEAGUE HERE WAS SAYING ABOUT NOTICE, IT'LL CONTINUE TO BE EMAIL ONLY, BUT WE'LL DISCUSS MAYBE MAILERS BEING SENT OUT. SO WE, WE, WE ARE CURRENTLY IN THE PROCESS OF TALKING ABOUT WHAT WE CAN DO TO ENHANCE OUR DOES AVENUE OR DOES THE CITY SEND OUT TEXT MESSAGES? UH, NOT TO MY KNOWLEDGE. THAT'S NOT A, AN OPTION THAT WE HAVE JUST 'CAUSE YOU KNOW, THE, NOWADAYS, YOU KNOW, SO MUCH MARKETING AND PROMOS GO TO YOUR PHONE AND, 'CAUSE YOU CAN GET, HECK, A HUNDRED EMAILS IN A DAY AND THEY CAN GO TO SPAM, THEY CAN GO TO JUNK. AND EVEN THOUGH THEY GOT SENT AND IT IS THE CORRECT EMAIL, THEY MAY JUST NOT SEE IT. MM-HMM. AS OPPOSED TO, YOU KNOW, SURE. SEVEN DAYS PRIOR, THREE DAYS PRIOR TO, UM, THE REPORT BEING DUE. THEY CAN GET A LITTLE LINK THAT SAYS, HEY, YOUR, YEAH, YOUR HOT TAX IS DUE. AND THEN THERE'S A LINK TO AVENUE OR SOMETHING THERE. AND THAT COULD EITHER BE SENT THROUGH AVENUE IF THEY PROVIDE THAT, OR IF THE CITY DOES, LIKE WHEN WE COME HERE TO CHECK IN, UH, FOR A PERMIT, THEY GIVE US A NOTICE THAT AND IT'S THROUGH TEXT. UM, I JUST THINK THAT THAT MAY BE SOMETHING TO CONSIDER JUST 'CAUSE PHONE NUMBERS ARE USUALLY GOOD AND, AND I SEE MORE TEXT MESSAGES THAN I DO EMAILS. THANK YOU, COMMISSIONER. THIS IS MELISSA RAMIREZ, ASSISTANT DIRECTOR. UM, I, WE'RE GONNA GO DOWN THAT PATH AND SPEAK TO AVENUE ABOUT THAT. WE'RE GONNA PROBABLY HAVE TO REVISIT THE CONTRACT, UH, WITH THEM. 'CAUSE WE ARE NOT AWARE IF THEY HAVE THE ABILITY TO DO THAT. I CAN TELL YOU OUR BUILD SA SYSTEM DOESN'T HAVE THE CAPACITY AT THE MOMENT, BUT THAT IS DEFINITELY SOMETHING WE CAN LOOK AT IN THE FUTURE. ALL RIGHT. ANY OTHER QUESTIONS? ALL RIGHT. HEARING NONE. UM, IS THERE ANY, UH, IS IT EVERYONE HAD AN OPPORTUNITY TO READ THE, UH, THE, THE, THE DRAFT WITH THE DIFFERENT COLORS AND UNDERLINES? ARE THERE ANY COMMISSIONERS THAT WANT ANY, UH, UM, CHANGES OR AMENDMENTS AS PART OF THE MOTION? UH, I ACTUALLY DO. AND SO I WANTED TO, UH, IF YOU DON'T MIND, I'D LIKE TO READ THE MOTION AND THEN WE CAN OPEN IT TO DISCUSSION. WE'LL SEE IF I CAN GARNER ANY SUPPORT TO THAT. I HAVE ONE THING I WOULD LIKE ADDED. UH, SO I, I HEAR I MOVE TO ACCEPT, UH, THE CITY DRAFT FINAL, UH, ORDINANCE, UM, WITH AN AMENDMENT TO SECTION 16 DASH 1 0 4 0 1 B. UH, RIGHT BEFORE THE LAST SENTENCE, I THINK I'LL READ ALL OF SECTION B UM, AS AMENDED. UH, SHORT TERM RENTALS ARE REQUIRED TO REPORT HOT ON OR BEFORE THE LAST DAY OF THE CALENDAR MONTH FOLLOWING THE REPORTING PERIOD. IF YOU HAVE NO REVENUE FOR A REPORTING PERIOD, ENTER ZERO FAILURE [00:50:01] TO REPORT ONLINE HUNT WILL RESULT IN PENALTY AND INTEREST FEES AND PERMIT REVOCATION. AND, AND HERE'S THE PART I'D LIKE TO ADD. FAILURE TO REPORT ZERO REVENUES WILL INCUR PENALTIES AND INTEREST, BUT WILL NOT BE SUBJECT TO PERMIT REVOCATION. AND THEN IT CONTINUES ON, UH, SHOULD THE LAST DATE OF FILE FALL ON A WEEKEND OR ON A WEEKEND OR CITY OF SAN ANTONIO OFFICIAL, UH, HOLIDAY. UM, LET'S SEE. CAN YOU BRING THAT BACK UP? I'M SORRY. WE'RE GONNA PULL UP THE WORD DOCUMENT SO WE CAN LOOK TO SEE WHAT THAT TEXT LOOKS LIKE LIVE. SURE. YEAH. SO AFTER THAT WORD REVOCATION, IF YOU COULD PLEASE ADD, UH, FAILURE TO REPORT ZERO REVENUES. HOLD ON. THE, HMM. OH MY GOD. COME ON. GIVE US JUST A SECOND. KEYBOARD WASN'T WORKING. UM, WHILE WE'RE PULLING THAT UP, UM, TINA, I WANT TO GET THE FINANCE DEPARTMENT'S KIND OF TAKE ON THAT. THANK YOU. UH, OUR SUGGESTION IS TO CHANGE THE WORDING OF WILL NOT TO MAY BE SUBJECT TO REVOCATION TO KIND OF KEEP THAT DOOR OPEN, BUT IT DOESN'T MAKE IT A MANDATE THAT THEY WILL AUTOMATICALLY BE REVOKED. WELL, WHAT DOES THE REST OF THE BOARD THINK ABOUT? I I JUST DON'T THINK THAT IF, IF, IF YOU HAVE THIS, YOU SHOULDN'T EVER HAVE YOUR PERMIT REVOKED FOR, FOR ZERO REPORTING, UH, VIOLATIONS. THAT'S JUST SOMETHING I, YOU KNOW, THE ONLY, THE ONLY ADMINISTRATIVE CHALLENGE IS HOW DOES CITY STAFF DIFFERENTIATE BETWEEN IF, IF THEY DIDN'T MAKE ANY MONEY, BUT THEY DIDN'T REPORT, HOW DO I KNOW THEY DIDN'T MAKE ANY MONEY? HOW DO I KNOW THAT THEY DIDN'T MAKE $2,000 AND FORGET TO REPORT? I DON'T, I DON'T KNOW HOW WE UNBLUR THAT LINE. ISN'T THAT THE RESPONSIBILITY OF THE PLATFORM? IT, THE, THE RESPONSIBILITY OF THE PLATFORM IS TO REMIT THE TAX, THE RESPONSIBILITY OF THE OPERATOR IS TO REPORT THE REVENUE. SO IF THEY DON'T REPORT A ZERO OR IF THEY DON'T PUT ANYTHING IN, IF THEY DON'T REPORT, HOW DO WE DIFFERENTIATE WHAT MAY HAVE BEEN NO INCOME VERSUS I FORGOT TO REPORT MY REVENUE FOR THAT MONTH. SO THE, THE CURRENT VERBIAGE IS MEANT TO ENSURE THAT PEOPLE ARE REPORTING, JUST REPORTING ONE WAY OR ANOTHER, RIGHT? CORRECT. AND THERE'S ALSO THE 6% THAT ARE NOT USING THE TWO PLATFORMS. SO BASICALLY THAT WOULD GIVE THEM AN OUT, UM, TO CONTINUE TO REPORT ZERO AND KIND OF NOT BEING HELD ACCOUNTABLE. I THINK SO. SO I DON'T, I THINK THERE IS SOME RESPONSIBILITY OF THE SHORT TERM RENTAL PERMIT HOLDER TO AT LEAST REPORT ZERO. I MEAN, THAT'S A MINIMUM BASE TO AT LEAST HAVE THE BENEFIT OF HAVING A SHORT TERM RENTAL. YEAH, I MEAN TO, IT IS A, I THINK I TALKED WITH SHELLY AN OPERATIVE TWO, THREE MINUTES TO LOG INTO THAT SYSTEM AND REPORT THE REVENUE FOR A MONTH. I MEAN, IT'S, WELL, I'M, I'M ONLY, I'M ONLY, UH, MAKING A SUGGESTION. UH, WHAT WAS THE STAFF'S RECOMMENDATION? STAFF'S RECOMMENDATION IS THAT, UH, WELL CERTAINLY STAFF SUPPORTS THE RECOMMENDATIONS THAT THE TASK FORCE PUT TOGETHER, UM, WHICH WAS SHARED WITH YOU IN THE ORIGINAL AGENDA PACKET. MR. CHAIR, ARE YOU REFERRING TO FINANCES RECOMMENDATIONS? YES. OH, OKAY. UM, ARE THEY, ARE THEY SAYING FAILURE TO REPORT ON ONLINE HOT MAY RESULT IN PENALTY, WILL RESULT IN PENALTY AND INTEREST AND MAY RESULT IN PERMIT REVOCATION? YEAH, THAT SEEMS FINE. OKAY. SO IT GIVES US MORE FLEXIBILITY IN MAKING A DETERMINATION IF IT'S REALLY A REVOCATION OR THAT THERE IS SOME COMMUNICATION EFFORTS THAT NEED TO BE ADDRESSED. OKAY. I I AM FINE WITH THAT. BEN. COMMISSIONER BENAVIDES, UH, I AGREE WITH THE CITY ON THIS. ON THIS POINT. IF THE PERMIT HOLDER IS, IS NOT GOING TO, IT HAS A PERMIT AND IT'S NOT, UM, AIRBNB AND HIS PLATFORM, I THINK AT A MINIMUM THEY SHOULD REPORT ZERO. I MEAN, BECAUSE IT'S GONNA FORCE THE CITY TO THEN GO AND INVESTIGATE AND USE MAN HOURS, UM, TO, UH, TO SEE WHETHER IT WAS, UH, WHETHER THEY, THEY RENTED IT OR NOT. THEY'RE CHASING A RABBIT HERE. SO I THINK, UH, I THINK THAT, UM, THE LEAST THEY CAN DO IS GO IN AND LIKE THEY SAID, TAKE TWO MINUTES OUT OF THEIR, OUT OF THE MONTH AND REPORT ZERO, UM, THAT THEY HAVE NOT, UM, RENTED THEIR HOME FOR, FOR THE MONTH. SO I AGREE WITH THE CITY ON THIS. OKAY. SO RIGHT NOW, UM, THE MOTION IS, IS FOR, FOR THE, UH, DRAFT WITH [00:55:01] THE CHANGED IN THE WORD MAY. YEAH. AND WE'LL, WE'LL HAVE TO MAKE THAT CHANGE OFFLINE. THE KEYBOARD HAS GIVEN US SOME ISSUES, BUT IT WOULD SAY WILL RESULT IN PENALTY AND INTEREST AND MAY RESULT IN PERMIT REVOCATION. THAT'S THE MOTION ON THE TABLE AS I UNDERSTAND. OKAY. IS THERE A SECOND? SECOND, SECOND BY COMMISSIONER BRACKMAN SECOND. UH, I AM, I DON'T HAVE ANY ISSUE WITH AS, AS AMENDED. AND COMMISSIONER BRACKMAN AGREE. ALL RIGHT. ANY OTHER DISCUSSION? UH, LET'S HAVE A ROLL CALL. VOTE PLEASE. I CHAIR ORIAN. YES. COMMISSIONER BRAGMAN? YES. COMMISSIONER BARON? YES. COMMISSIONER STEVENS? YES. COMMISSIONER EZ? YES. COMMISSIONER EZ? YES. COMMISSIONER CRUZ? YES. COMMISSIONER MANANA? YES. COMMISSIONER AVIVE? YES. COMMISSIONER UNA? YES. ITEM PASSES AS AMEN. ALL RIGHT. THANK YOU EVERYBODY FOR YOUR HARD WORK AND THANK YOU EVERYONE. THIS IS GONNA BE GREAT. I THINK IT'S GONNA BE GOOD FOR EVERYBODY. THANK YOU. BOARD. UM, MR. CHAIRMAN? YES. I WOULD ASK THAT THE RECORD OF THIS MEETING REFLECT THE FACT THAT WE HAD THAT DISCUSSION ABOUT, UH, PROVIDING NOTICE BY CERTIFIED MAIL. AND CAN WE MAKE SURE THAT'S IN THE MINUTES PLEASE? THANK YOU. ALRIGHT, ITEM NUMBER THREE. THANK YOU. GOOD AFTERNOON. MY NAME IS JUAN ALVAREZ, PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER THREE IS REQUESTED BY EDUARDO GONZALEZ AND IS REQUESTING FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT ON THEIR BLOCK FACE ENC CONDO DISTRICT FIVE LOCATED AT 5 2 3 RE STREET, UNIT 1 0 2. THE SUBJECT PROPERTY IS GENERALLY LOCATED ALONG RE STREET BETWEEN THE NORTHEAST CORNER OF N COLORADO STREET. SURROUNDING USES INCLUDE RESIDENTIAL SINGLE FAMILY, AND THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THEIR BLOCK FACE. CURRENTLY THERE IS 12 UNITS ON THE BLOCK FACE. ONE ACTIVE STR TYPE TWO IS ALREADY CURRENT ON THE BLOCK PHASE BEING 5 2 3 RU RE STREET UNIT 1 0 1. THE BLOCK FACE IS CURRENTLY AT 8%. AND IF AN ADDITIONAL SECOND TYPE TWO ST R IS APPROVED, THE BLOCK FACE WILL BE AT 17%. THIS IS THE SIDE PLAN OF THE PROPERTY SUBMITTED AT THE TIME OF APPLICATION, AND THIS IS THE SUBJECT PROPERTY. AND THE NEXT FEW SLIDES OF THE NEIGHBORING PROPERTIES AND SURROUNDING AREAS. STAFF RECOMMENDS DENIAL OF THE APPLICANT'S REQUEST FOR A SPECIAL EXCEPTION. 32 NOTICES WERE MAILED OUT, ZERO IN FAVOR, ZERO IN OPPOSITION, AND THERE WAS NO RESPONSE FROM GARDENDALE NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF PRESENTATION. APPLICANT IS HERE TO ANSWER ANY QUESTIONS. ALL RIGHT, LET'S HAVE THE APPLICANT COME UP? AYE. ALL RIGHT. UH, STATE YOUR NAME AND TELL US ABOUT YOUR CASE. UM, EDUARDO GONZALEZ AND, WELL, I'M JUST BASICALLY TRYING TO SEEK ANOTHER PERMIT FOR THE SECOND UNIT THAT I OWN IN THAT PROPERTY. UM, IT'S GOT ITS OWN LIKE PRIVATE LITTLE THING, SO FOR PARKING, I MEAN, I DON'T THINK IT'LL BE ANY, UH, IN THE WAY, YOU KNOW, CARS IN THE WAY AND STUFF. IT'S GOT IT'S PRI IT'S GOT EIGHT PARKING LOTS, IT'S GATED. UM, I GOT CAMERAS, I COULD CHECK 'EM OUT AS WELL. IF ANY NOISE COMPLAINTS OR SOMETHING I COULD. OKAY. UM, I'M JUST GONNA START WITH A FEW QUESTIONS. IS THIS IS A, A DUPLEX OR IS, IS THE SECOND UNIT SEPARATED? UH, NO, THEY'RE ALL BUILT IN THE SAME LOT. IT'S A LITTLE LIKE, THEY'RE LIKE TOWN HOMES. IT'S A TRIPLEX. YEAH. MM-HMM, . AND YOU OWN THE WHOLE TRIPLEX? YEAH. OKAY. UM, HAVE YOU TALKED TO YOUR NEIGHBORS AT ALL? NO. OKAY. WHAT ABOUT, IS THERE A NEIGHBORHOOD ASSOCIATION? TOBIN HILL? HAVE YOU TALKED TO THE NEIGHBORHOOD ASSOCIATION? I TALKED TO THE GUY, UH, 'CAUSE I WAS LIVING IN [01:00:01] ONE OF 'EM FOR A BIT 'CAUSE UM, I SOLD MY HOME AND I STILL DIDN'T HAVE A HOUSE, SO HE APPROACHED ME AND, UH, AND WE TALKED. WE GET TO KNOW EACH OTHER AND SO. OKAY. ANY OTHER COMMISSIONER QUESTIONS? MAY COMMISSIONER MAD? SO, UH, QUESTION I HAVE FOR YOU IS, YOU KNOW, WE, WE TALKED ABOUT A SHORTAGE, UH, THE HOUSING CRISIS AND SHORTAGE OF HOUSING. UM, AND ONE OF THE OPTIONS IS RENTALS. AND SO HAVE YOU TRIED RENTING OUT ANY OF THESE PROPERTIES? UM, YOU KNOW, AND, AND I SEE THIS KIND OF A NEW ADDITION HERE, SO, SO HAVE YOU HAD ANY OPPORTUNITIES TO TRY THAT? UH, I TRIED ONCE. I, I HAVE ONE ACTUALLY RIGHT NOW, UH, FOR RENT, BUT STILL NOTHING. YEAH, SO I'M JUST WEIGHING MY OPTIONS, YOU KNOW, 'CAUSE LIKE, 'CAUSE THEY'RE THERE AND I NEED TO, I MEAN, I NEED TO MAKE SOME, THEY'RE JUST THERE STANDING. OKAY. ANY OF THE COMMISSIONER QUESTIONS? COMMISSIONER? AND THE QUESTION IS FOR STAFF. HE, HE HAS EXISTING PERMIT RIGHT ON ONE OF THE OTHER, UH, IS THE APPLICANT CURRENT ON HOT TAXES AND ANY, ANY OTHER PERMIT VIOLATIONS ON HIS EXISTING PERMIT? UM, STAFF HAS NO REASON TO BELIEVE THAT THEY ARE DELINQUENT ON THAT CURRENT SDR PERMIT AT THIS TIME. AND NO COMPLAINTS OR ANYTHING ON RECORD OF THE APPLICANT? NONE. NONE AT THIS TIME? NO. THANK YOU. COMMISSIONER CRUZ. OKAY, SO THIS IS, UH, FOUR SMALL HOMES ALL ON THE SAME PROPERTY, CORRECT? YEAH, IT, IT'S THREE. IT'S THREE? YES. OKAY. AND YOU HAVE ONE THAT A RENTAL AND THE OTHER TWO YOU'RE TRYING TO DO AS A SHORT, SHORT TERM? YES. CORRECT. OKAY. I DO WANNA MAKE SURE. THANK YOU. ALL RIGHT. UH, STAFF, IS THERE ANY PUBLIC COMMENTARY? ANYONE SIGN UP TO SPEAK? YOU GOT ONE VOICEMAIL? YEAH, LET'S HEAR IT. GOOD MORNING. MY NAME IS MARIELLA GARZA. I AM PRESIDENT OF GARDENDALE NEIGHBORHOOD ASSOCIATION. CALLBACK NUMBER IS 2 1 0 4 3 0 6 1 6 1. AND I LIVE AT ARBOR PLACE IN SAN ANTONIO, TEXAS 7 8 2 0 7. WITH REGARDS TO CASE NUMBER BOA DASH 24 DASH TEN FIVE TWO, GARDENDALE AND COMMUNITY RESIDENT ARE IN FAVOR OF APPROVING THIS REQUEST FOR A AND ONE ADDITIONAL TYPE TWO SHORT TERM RENTAL PERMIT ON THE BLOCK FACE PER THE UDC SECTION 35 DASH 3 7 4 0.01. UH, GARDENDALE REPRESENTATIVE WAS ABLE TO SPEAK TO THE TOWN HOME, TOWN HOME OWNER. UM, AND WE DID ALSO TRY TO REACH OUT TO THE NEIGHBORING, UM, HOMES, UM, ALONGSIDE OF THE PLACE, BUT, UH, WE DIDN'T GET ANY RESPONSE FROM THOSE. HOWEVER, THE SINGLE TOWN HOME OWNER THAT SITS IN THE SAME PROPERTY, UH, WAS IN AGREEMENT, UM, AS WELL WITH, UM, GIVING DISAPPROVAL. UM, SO WE WANTED TO EXPRESS OUR APPROVAL IN FAVOR AS WELL. UH, WE LOOK FORWARD TO WORKING WITH THE COMMUNITY RESIDENTS AND MAINTAINING, UH, PRESENTABLE HOMES AND ADHERING TO GOOD SAFETY MEASURES FOR OUR COMMUNITY RESIDENTS. THIS IS GARDENDALE NEIGHBORHOOD ASSOCIATION. THANK YOU. OKAY. UH, DOES THAT, WAS THAT THE INDIVIDUAL YOU SPOKE WITH? UH, HIS, HER HUSBAND, RAFAEL. OKAY. YEAH. AND DID THE STAT DID YOU RECEIVE ANY EMAILS OR ANYTHING FROM GARDENDALE? JUST THE VOICEMAIL. JUST THE VOICEMAIL. OKAY. UH, ANY OTHER COMMISSIONER QUESTIONS? COMMISSIONER BARRINGTON? UH, YEAH, WELL THIS IS REALLY AN ISSUE FOR STAFF. UM, AND IN A WAY IT'S TRIVIAL 'CAUSE IT'S NOT SUBSTANTIVE RELATED TO THE ISSUE, BUT THE CASE SUMMARY, THIS IS NOT THE FIRST TIME THIS HAS HAPPENED. SUBJECT PROPERTY IS GENERALLY LOCATED ALONG MARIE STREET, BETWEEN THE NORTHEAST CORNER OF NORTH COLORADO STREET AND WHAT IF YOU, BETWEEN SOMETHING, THERE'S GOTTA BE AT LEAST TWO THINGS. UM, NOW WE CAN LOOK AT THE MAP AND SEE WHERE THE CASE IS, BUT THAT KIND OF WORDING, UH, TROUBLES ME BECAUSE IT'S NOT AS CLEAR AS IT SHOULD BE. THANK YOU, COMMISSIONER. WE, WE SEE THAT. APPRECIATE IT. ANYONE ELSE? ALL RIGHT, SIR, IS THERE ANY, UH, BE, UH, COMMISSIONER BETA? I HAVE A QUESTION FOR CITY STAFF AND MAYBE I MISSED THIS. WHAT IS THE DENSITY? IS IT 12%? IS THAT WHAT THE, THE CITY SUGGESTS OR, OR HOW MUCH IS THIS GOING TO, UM, BE ABOVE THE, THE, THE DEN AT? YES. YEAH, SO THE CURRENT CODE SAYS 12.5% DENSITY AND WE ROUND DOWN. SO IF THE SECOND ONE IS APPROVED, THE DENSITY WILL BE AT 17% ON THIS BLOCK PHASE. OKAY. THANK YOU. ALRIGHT, SO SIR, IF THERE'S ANY, UH, CLOSING REMARKS YOU'D LIKE TO MAKE BEFORE WE HAVE A, A MOTION AND, AND DELIBERATION? OKAY. UM, NO, I MEAN, I, [01:05:01] I DON'T HAVE ANYTHING ELSE. YEAH. ALRIGHT. THANK YOU. THANK YOU. UH, BON I, I, SORRY, ONE MORE QUESTION FOR CITY. WHEN, WHEN IDZ ONE, UH, REZONING IS, IS APPROVED OR LOOKED AT, DO, ARE THERE STIPULATIONS THAT SAY YOU HAVE TO WHAT YOU CAN DO WITH THOSE UNITS? AS, AS FAR AS, OKAY, I'M GONNA REZONE IDZ ONE, I'M GONNA TURN 'EM ALL INTO SHORT-TERM RENTALS, OR I, I GOTTA KEEP THEM AS LONG-TERM RENTALS. THE APPLICANTS CAN CERTAINLY TELL US WHAT THEY'RE USING THEM FOR, BUT AS PART OF THE FINAL OF THE RECOMMENDATIONS AND THE FINAL DECISION BY COUNSEL, UM, IT DOES NOT ZONING DOES NOT PERMIT STR OR SHORT-TERM RENTALS BY RIGHT. THAT IS A DIFFERENT PROCESS THAT THEY WILL HAVE TO APPLY FOR AFTER REZONING. ALRIGHT. ALRIGHT, SO PROCEED. IS THERE ANYTHING YOU'D LIKE TO ADD AT ALL? UM, NO. OKAY. SO I'M LOOKING FOR A MOTION CRUZ COMMISSIONER CRUZ, REGARDING CASE NUMBER BO 8 24 103 0 0 0 5 2. I MOVE AS THE BOARD OF ADJUSTMENT GRANT, A SPECIAL EXCEPTION TO ALLOW FOR A TYPE TWO SHORT TERM RENTAL UNIT SITUATED 5 23 RE STREET UNIT 1 0 2, APPLICANT BEING EDO GONZALEZ. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LIT LITERAL ENFORCEMENT OF PROVISIONS OF THE UDCS AMENDED WILL RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, 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 IN AN ADDITIONAL SHORT-TERM RENTAL PERMIT WAS APPROVED. C THE NEIGHBORING PROPERTY WILL NOT SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY STRUCTURES. THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WILL SUBSTANTIALLY INJURED. NEIGHBORING PROPERTY IS A TYPE TWO SHORT TERM RENTAL. THE ADEQUATE UTILITIES ACCESS, ROAD STORM DRAINAGE, RECEPTION, RE RECREATION, OPEN SPACE, AND OTHER NECESSARY FACILITIES HAVE BEEN OR ARE BEING PROVIDED. THE SUBJECT PROPERTY PROVIDES OFF STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE. E APPLICANT OR OWNER FOR THE SPECIAL EXCEPTION, DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES. CONFIRMED CITATIONS OR ADJUDICATED OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 12 OF THE CITY CODE WITHIN ONE YEAR PRIOR TO THE DATE OF THE APPLICATION. THE APPLICANT DOES NOT HAVE ANY HISTORY OF READ REVOCATION, CITATIONS, OR CONVICTIONS FOR I, FOR VIOLATIONS OF CHAPTER 16. AS A SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION OF WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO OTHER RESIDENTIAL PROPERTIES WITH THE PROPERTY OWNER PROVIDING OFF STREET PARKING AND PAINT AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY. THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALL THREE, THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION. END OF MOTION. SECOND. SECOND, MR. ZU. SECOND COMMISSIONER CRUZ. SORRY. NO, I DO CONCUR. SINCE THE, UH, NEIGHBORHOOD ASSOCIATION HAS NO OBJECTIONS, I DON'T SEE THAT, THAT THERE WOULD BE A PROBLEM. THANK YOU. COMMISSIONER UNA I SUPPORT AS WELL. THE NEIGHBORHOOD ASSOCIATION FAVOR THE INCREASE TO THE BLOCK FACE FROM 12 POINT A HALF TO 70%, I DON'T BELIEVE IS MEANINGFUL. UH, THERE'S NO OPPOSITION FROM THE OPPOSING. IT PROVIDES, I THINK, UH, YOU KNOW, UH, A GOOD, UH, RESOURCE FOR THE COMMUNITY WITH THE SHORT TERM RENTAL YEARS. I IMPORTANT. COMMISSIONER BENAVIDEZ, DID YOU WANT TO ADD SOMETHING? YES, I, I, UH, DO NOT CONFER WITH THE FINDINGS. I FEEL THAT THE, THE, THE, UM, PERCENTAGES ARE PUT IN, UM, FOR A REASON BY THE CITY AND WE SHOULD, WE SHOULD ADHERE TO THEM ALSO, I FEEL LIKE, AND I I I'M NOT SURE IF I, I HEARD HER, UH, THE VOICEMAIL CORRECTLY, BUT I, WHEN, WHEN THE APPLICANT SPOKE TO THEM, IT'S WHEN HE WAS, IT WAS MY IMPRESSION HE, HE WAS LIVING THERE. UM, AND THAT MAY BE THE IMPRESSION THAT THEY HAVE, THAT HE'S STILL LIVING THERE WHEN HE, THIS IS THE UNIT THAT HE'S GOING TO, UM, GONNA TRY TO, UH, RUN OUT ON, ON UM, AIRBNB. SO I'M NOT IN FAVOR OF IT. OKAY. ANY OTHER COMMISSIONERS LIKE TO ADD HEARING NONE? LET'S HAVE A ROLL CALL. VOTE PLEASE. [01:10:01] COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER ZUNA? YES, I CONCUR. COMMISSIONER BARON? NO, I DO NOT CONCUR. COMMISSIONER STEVENS? I DO NOT CONCUR. COMMISSIONER IBANEZ? I DO NOT CONCUR. COMMISSIONER EZ? I CONCUR. COMMISSIONER MANANA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER VEZ. I DO NOT CONCUR. COMMISSIONER BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN. UH, I DO NOT CONCUR WITH THE FINDINGS OF FACT. UH, MOTION FAILS SIX TO FOUR, SO IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. OKAY, THANK YOU. UH, ITEM NUMBER FOUR, GOOD AFTERNOON. MY NAME IS JOSEPH LA UM, JOSEPH LAYS SENIOR SCHWARZ TERM RENTAL PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER FOUR IS LOCATED AT 1005 ES SIXTH STREET, UNIT 1 0 2 AND IS REQUESTING A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK FACE. THE CURRENT ZONING IS RM FOUR. THE SUBJECT PROPERTY IS LOCATED AT 1005 ESSEX STREET, UNIT 1 0 2. SURROUNDING 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 FACE PER THE CODE TYPE TWO SHORT-TERM RENTAL SHALL BE LIMITED TO NO MORE THAN ONE EIGHTH OR 12.5% OF THE TOTAL NUMBER OF SINGLE FAMILY DUPLEX, TRIPLEX, OR QUADPLEX UNITS ON THE BLOCK FACE. THERE ARE CURRENTLY 14 UNITS ON THIS BLOCK FACE. UM, THERE IS ONE ACTIVE SHORT-TERM RENTAL TYPE TWO PERMIT CURRENTLY ON THE BLOCK FACE. UM, IT'S, IT'S LOCATED AT 1005 S SIXTH STREET UNIT 2 0 1, WHICH IS LOCATED WITHIN THE SAME PROPERTY AND IS OWNED BY THE SAME PROPERTY OWNER. CURRENTLY THE BLOCK FACE IS AT 7% AND IF ANOTHER TYPE TWO SHORT-TERM RENTAL PERMIT IS APPROVED TODAY, THE BLOCK FACE WILL BE AT 14%, WHICH EXCEEDS THAT 12.5% DENSITY LIMITATION. UM, I WENT AHEAD AND INCLUDED A SCREENSHOT OF THE BLOCK FACE. UH, IT EXTENDS FROM NO POWER STREET TO SOUTH GOVS. UM, ALL OF THE LOTS HAVE SINGLE FAMILY UNITS EXCEPT FOR 1005, WHICH IS COMPRISED OF FOUR UNITS. AND THIS IS THE SITE PLAN THE APPLICANT SUBMITTED, AND THIS IS THE SUBJECT PROPERTY. AND THEN THE SURROUNDING AREAS, THE STAFF RECOMMENDATION FOR THE SPECIAL EXCEPTION STAFF RECOMMEND A DENIAL OF THE APPLICANT'S REQUEST FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO STR PERMIT ON THE BLOCK PHASE. AND THIS IS THE NOTIFICATION PLAN. UH, STAFF MAILED OUT 27 NOTICES. WE, UH, RECEIVED ZERO IN FAVOR, UH, TO AN OPPOSITION AND THERE WAS NO RESPONSE FROM THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION. UH, THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. OKAY, UM, LET'S HAVE THE APPLICANT COME UP PLEASE. I ALL PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE. UM, GOOD AFTERNOON. MY NAME IS NA HUSSEIN. I AM, UM, THE PRINCIPAL, UH, OWNER OF 1 0 0 5 ESSEX. AND, UM, I'M APPLYING FOR A, UH, TYPE TWO SHORT-TERM RENTAL PERMIT. UH, MOSTLY BECAUSE OF, UM, THE SITUATIONAL CHANGES WITH THE MARKET THAT'S HAPPENING RIGHT NOW IN THE REAL ESTATE DEVELOPMENT SIDE. UM, THEY WERE INITIALLY PLANNED TO BE ALL LONG-TERM RENTALS, AND THAT'S WHAT WE HAVE FOR EVERY SINGLE ONE OF OUR DEVELOPMENTS THAT WE ARE DOING HERE IN THE DENVER HEIGHTS AREA. EVERY SINGLE ONE OF OUR DEVELOPMENTS HAVE BEEN TURNED INTO LONG-TERM RENTALS. IT'S, UM, JUST SPECIFICALLY FOR THIS PROPERTY, UM, WE HAVE ALLOCATED TWO UNITS, UM, TO BE UNDER THE SECTION EIGHT, UM, AFFORDABLE HOUSING. AND, UM, IN ORDER TO KIND OF ACCOMMODATE THAT, UM, TO, TO, TO, TO, TO BE ABLE TO SUPPORT THE INFRASTRUCTURE ITSELF AS A SELF-SUSTAINING DEVELOPMENT, UM, I REQUEST, I'M REQUESTING FOR THE, UH, UH, ADDITIONAL PERMIT SO WE CAN MONETARILY MAKE UP FOR BEING ABLE TO AFFORD, UM, TO PUT TWO OF THE OTHER UNITS, UH, IN SECTION EIGHT. SO THAT IS ESSENTIALLY A HIGH LEVEL OVERVIEW OF, YOU KNOW, THE INTENT OF MY, UM, APPLICATION HERE CURRENTLY. OKAY. UH, STEF, UH, CLARIFICATION [01:15:01] QUESTION. IS THE COMMERCIAL PROPERTY ON THE EAST CORNER, IS THAT INCLUDED IN THE COUNT? UM, IT IS NOT INCLUDED IN THE BLOCK FACE BECAUSE IT'S ADDRESSED OFF OF SOUTH G STREET. OKAY. AND, UM, FOR THE APPLICANT, UH, YOU HAVE APPAR, YOU KNOW, TWO DUPLEXES BASICALLY, YOU HAVE A, A DWELLING ON THE LOWER AND THE UPPER FLOOR? UH, NO, THEY'RE ALL SIDE BY SIDE BY SIDE. THEY'RE ALL SIDE BY SIDE, YES, SIR. SO IF YOU HAVE FOUR UNITS THERE, YOU'RE REQUIRED TO HAVE, WHAT SIX PARKING SPACES DO THEY HAVE? DO YOU HAVE SIX PARKING SPACES? UH, NO. SO THE, THE UNITS ARE 800 SQUARE FOOT AND WE APPLIED, UM, IN THE APPLICATION. UM, WE HAVE TO STATE HOW MANY PEOPLE WOULD BE OCCUPYING THAT AND WE RESTRICT THAT ON OUR LISTING PLATFORMS. SO IT'S A MAXIMUM OF TWO OCCUPANTS, A SINGLE CARD. OKAY. SO MY QUESTION WAS THE RM FOUR DISTRICT REQUIRES ONE AND A HALF SPACES WHEN YOU HAVE MORE THAN TWO UNITS. SO DO THEY DO, DOES THIS, IS THIS SITE COMPLIANT WITH THE RM FOUR REQUIREMENTS OF, OF SIX PARKING SPACES? YES. SO, SO WHAT'S IN, WHAT'S IN FRONT OF YOU TODAY IS THE SHORT TERM RENTAL REQUIREMENTS? NO, I KNOW, BUT SO I'M, BUT WHAT, WHAT'S IMPORTANT TO ME IS WHETHER THERE'S ADEQUATE PARKING. IF THERE'S NOT ADEQUATE PARKING CURRENTLY THAT'S SOMETHING I I AM GOING TO WEIGH ONE WAY OR, YOU KNOW, ACCOUNT IN MY, IN MY WING. RIGHT. BUT THE PARKING REQUIREMENTS WOULD BE BASED OFF THE SHORT-TERM RENTAL CALCULATIONS, NOT THE R FOUR. SO IF, SO, IF YOU USE A PROPERTY THAT IN THE R FOUR DISTRICT AS A SHORT-TERM RENTAL, YOU DON'T HAVE TO FOLLOW THE PARKING REQUIREMENTS. YOU, YOU HAVE TO FOLLOW THE PARKING REQUIREMENTS FOR A SHORT-TERM RENTAL, WHICH IS ONE PER UNIT. SO IF HE, SO, SO HERE'S ANOTHER QUESTION THEN. IF ALL FOUR OF THESE UNITS ARE SHORT-TERM RENTALS, INSTEAD OF NEEDING SIX SPACES, HE WOULD ONLY NEED FOUR. THAT'S CORRECT. SO THAT, SO I, I DIDN'T KNOW SHORT-TERM RENTAL COULD BYPASS HIS OWNING REQUIREMENTS. IT'S NO, NO, I THINK, I THINK THE, I THINK TO ANSWER YOUR QUESTION, IT, IT, IT DOES NOT BYPASS BECAUSE YOU'D HAVE TO DO THE DEV ONLY STAFF BECAUSE, OH, I'M SORRY. YOU KNOW, THIS IS SHORT TERM RENTAL IS NOT A USE ISSUE, IT'S NOT A ZONING ISSUE. IF THE ZONING CODE REQUIRES ONE AND A HALF BECAUSE IT'S RM FOUR, I DON'T UNDERSTAND HOW A SHORT TERM TERM RENTAL PERMIT, UH, GIVE GRANTS A REDUCTION. SO IF THIS CASE WERE TO BE COMING IN FOR BRAND NEW CONSTRUCTION, THEN THE MRM FOUR PARKING REQUIREMENTS WOULD APPLY. OKAY. AS WE REVIEW IT FOR SHORT TERM RENTAL REVIEW, UH, OUR ORDINANCE, WE ENSURE THAT IT HAS THE ACCOMMODATIONS AS REQUESTED BY THE PARKING FOR SHORT-TERM RENTALS. SO WHEN WAS THIS BUILT? UH, 2020. WE STARTED BUILT IN 2020. SO WHEN 2020, DID THE CODE REQUIRE ONE AND A HALF PARKING SPACES ON AN R FOUR? YES. OKAY. SO YOU DON'T HAVE ADEQUATE PARKING AND SOMEHOW YOU HAVE A C OF O, CORRECT? NO, WE HAVE TWO PARKINGS, TWO PARKING SPOTS ON THE FRONT. YOU NEED SIX RIGHT. IN YOUR PRO, IN YOUR PROPERTY, NOT ON THE STREET. RIGHT? YOU HAVE SIX PARKING SPACES, RIGHT? YEAH, SO WE HAVE TWO UP IN THE FRONT ON THE BUILDING AND TWO ON THE BACK OF THE BUILDING. THAT'S FOUR. WHERE, AND THEN THERE'S TWO IN THE MIDDLE IN BETWEEN EACH OF THE BUILDINGS. OKAY. I JUST WANNA MAKE SURE. UM, AND SECONDLY, ON THE, ON THE, UM, COSA ONE STOP, IT SHOWS THAT THIS WAS PLATTED IN CONJUNCTION WITH THE SIDE AT THE HARD CORNER, OR IS YOUR, IS YOUR LONG-TERM PLAN TO ADD MORE UNITS AT THE CORNER, UH, CORNER OF, OF ESSEX AND THE AND NO. IN STREET? UH, NO SIR. THAT'S OKAY. THAT'S NOT ASSOCIATED WITH WHAT YOU WERE DOING THAT DEVELOPMENT? UH, NO. SO, SO THE NEIGHBORING, UH, PROPERTY 1 0 0 3 ESSEX WAS, UM, SUBDIVIDED INTO TWO. SO WE GOT, UH, WE GOT THE, UH, 1 0 0 5 ESSEX PLATTED, UH, FROM THE OWNERS OF 1 0 0 3. OKAY. BRAGMAN COMMISSIONER BRAGMAN. UM, SO YOU SAID THE TWO OF THE UNITS YOU, UH, DESIGNATED TO BE SECTION EIGHT? THAT IS CORRECT. WELL, SO, UH, WHEN, WHEN YOU APPLY, WHEN YOU APPLY FOR SECTION EIGHT, YOU ESSENTIALLY, UH, ALLOCATING, UH, EVERYTHING IN, IN, IN, WITHIN THAT ADDRESS TO BE, UH, APPLICABLE OR APPLICABLE TO SECTION EIGHT. SO ANYONE UNDER THE HOUSING VOUCHER CAN APPLY, UH, TO LIVE THERE. OKAY. AND DID YOU RECEIVE ANY INCENTIVES FOR HAVING SECTION EIGHT? NO. WHEN YOU BUILT, YOU DID NOT. OKAY. BOEZ COMMISSIONER BOEZ, WHAT IS THE, UM, WHAT IS THE, UM, THE MARKET RENT THAT YOU WOULD GET FOR ONE OF THESE UNITS LONG TERM? UH, UNDER SECTION EIGHT OR JUST JUST MARKET RENT? PROBABLY 1500 TO 14 TO 1500. WHAT DOES, UM, WHAT IS, UH, SECTION EIGHT GONNA GIVE YOU? UM, SECTION EIGHT FOR 7 8 2 1 OH FOR A TWO BED, TWO BATH IS AT 1180. 1180, OKAY. ANY OTHER QUESTIONS? ALL RIGHT. IS THERE COMMISSIONER, SO, SO MAYBE I MISUNDERSTOOD. SO, SO YOU APPLIED FOR SECTION EIGHT [01:20:01] AND THAT APPLIES TO ALL FOUR UNITS, IS THAT CORRECT? UH, IT'S WHEN YOU APPLY FOR IT, YOU APPLY FOR IT FOR, FOR THE ADDRESS. SO WHEN WE GO TO APPLY FOR IT, IT'S A 1 0 0 5 ESSEX. IT'S NOT SPECIFIC TO A SINGLE UNIT. SO WHEN A SECTION EIGHT, UM, OR SOMEONE UNDER THE HOUSING VOUCHER APPLIES TO ONE OF OUR UNITS, THEIR REPRESENTATIVE COMES AND INSPECTS IT GIVES US THE GREEN LIGHT AND WE RENTED OUT TO THEM. SO, SO I GUESS, YOU KNOW, THERE'S MAYBE A QUESTION FOR STAFF THEN. SO, SO IF WE HAVE SOMEBODY APPLYING FOR SECTION EIGHT FOR A PROPERTY, UM, I GUESS DO THEY HAVE THAT OPPORTUNITY THEN TO CHANGE IT KIND OF AFTER THE FACT TO MAKE IT A SHORT TERM RENTAL? SO THAT SEEMS IN CONFLICT WITH, YOU KNOW, THIS, THE WHOLE SECTION EIGHT DIALOGUE, SO, SO ID DEVELOPMENT SERVICES DOESN'T ADMINISTER THAT PROGRAM, SO I, I DON'T THINK THAT WE'RE EQUIPPED TO ANSWER THAT BREGMAN COMMISSIONER B BRAGMAN, JUST A CLARIFICATION FROM THE APPLICANT. SO YOU'RE SAYING IN ORDER TO MAKE THE NUMBERS WORK WITH THE TWO DESIGNATED, UH, SECTION EIGHT THAT YOU'VE GOT, THAT THAT'S THE REASON WHY YOU NEED TO HAVE THE EXTRA SHORT TERM RENTAL TO BALANCE OUT THE NUMBERS? THAT IS CORRECT, YES, SIR. OKAY. AND SO YOU, YOU DO CURRENTLY HAVE TWO SECTION EIGHT RENTERS IN THE PROPERTY? UH, THAT IS CORRECT, YES, MA'AM. ALRIGHT, THANK YOU. COMMISSIONER ZUNA. AND THE TWO UNITS THAT YOU'RE PROPOSING FOR THE SHORT TERM RENTAL, ARE THEY LEASED UNDER SECTION EIGHT RIGHT NOW OR ARE THEY NO, NO, THEY'RE NOT, THEY'RE NOT LEASED. NO, NOT LEASED AT ALL. THEY'RE, THANK YOU. ANYONE ELSE? IS THERE ANY VOICEMAILS ANYONE SENT TO SPEAK? ONE VOICEMAIL. ALL RIGHT, LET'S SEE. OTHER VOICEMAIL. HELLO, I'M WRITING ABOUT CASE NUMBER BO A DASH 24 DASH 1 0 3 0 0 0 5 4, WHICH IS A PROPERTY AT 1005 ESSEX. MY NAME IS CHRIS MCKNIGHT. I'VE LIVED AT 10 14 DENVER BOULEVARD SINCE 2003 BEHIND THE SUBJECT PROPERTY. MY TELEPHONE NUMBER IS (210) 445-2658. I AM OPPOSED TO THIS REQUEST FOR VARIANCE. AGAIN, MY NAME'S CHRIS MCKNIGHT. I'VE LIVED AT 10 14 DENVER BOULEVARD SINCE 2003, OVER 20 YEARS. THE EAST SIDE DOES NOT NEED MORE SHORT-TERM RENTALS. WE NEED LONG-TERM HOUSING SOLUTIONS. THE OWNER OF THIS PROPERTY HAS AT NO POINT PUT UP A SIGN AND ATTEMPT TO RENT OR SELL THESE UNITS. AND WHILE THAT IS THEIR PREROGATIVE, IT IS NOT NEIGHBORLY, IT IS DISTRESSING THAT IT APPEARS THE OWNER HAS INSTEAD CHOSE TO GO THIS ROUTE OF SHORT TERM RENTALS. THE CITY ENACTED THIS ORDINANCE TO PROTECT NEIGHBORHOODS AND RESIDENTS FROM THE DETRIMENTAL OVER INCURSION OF THESE TYPES OF RENTALS WHICH ARE DISRUPTIVE TO SURROUNDING PROPERTY OWNERS. PLEASE KEEP IN MIND THE INTENT OF THE LAW AND US NEIGHBORS, MANY OF WHOM ARE LONG TERM RENTERS, ALTHOUGH NOT MYSELF, AS YOU DEBATE THIS MATTER, WE DO NOT WANT TO DEAL WITH ALL THE WELL TOO KNOWN RESULTS OF SHORT-TERM STAYS, LITTERING CONSTANT TURNOVER IN PARTIES AND OTHER HARMS INFLICTED UPON NEIGHBORHOODS. PLEASE VOTE AGAINST THIS VARIANCE AND THANK YOU VERY MUCH FOR YOUR TIME AND LISTENING. ALRIGHT, SO WITH THAT, UH, THERE'S ANY, I'LL GIVE YOU AN OPPORTUNITY TO PROVIDE ANY CLOSING REMARKS UNLESS THERE'S ANY MORE COMM QUESTIONS. BON I JUST HAVE ONE MORE. UH, THE TWO RESIDENTS THAT ARE THERE UNDER THE VOUCHER PROGRAM HAVE, ARE THEY OKAY WITH THIS? HAVE YOU SPOKE WITH 'EM? I MEAN, YEAH. YEAH, THEY'RE, YEAH, THEY'RE VERY NICE PEOPLE. YEAH, THERE. OKAY. YEAH. ALRIGHT. YEAH, I'M GONNA GIVE YOU AN OPPORTUNITY TO PROVIDE ANY CLOSING REMARKS, UH, BEFORE WE DELIBERATE. UM, SO I JUST WANT TO, YOU KNOW, ADDRESS WHAT THE VOICEMAIL HAS KIND OF SPOKEN TO OR RAISED CONCERNS ABOUT. UM, SO WE HAVE CONTROL OVER, WE HAVE A HANDFUL OF PROPERTIES. UM, WE HAVE CONTROL OVER WHO COMES IN AND, UM, STAYS AT OUR PROPERTIES. WE, WE VET THEM VERY, UM, VERY CLOSELY. SO, UM, ANYONE WE DO NOT ALLOW. THERE'S A, THERE'S A, UM, AN OPTION ON AIRBNB OR ANY OF THESE LISTING SITES WHERE YOU, YOU CAN ALLOW FOR AUTOMATIC, UM, AUTOMATIC APPROVAL. SO THEY DON'T HAVE TO SEND YOU A MESSAGE, THEY DON'T HAVE TO TELL YOU WHY, WHAT THEIR INTENT IS. UM, AND WE, UH, THAT'S NOT ALLOWED. WE DON'T DO THAT. SO, SO THAT'S OUR WAY OF VETTING WHO STAYS IN THAT PROPERTY. UM, WE ALSO HAVE, UM, WEEKLY CLEANERS TO GO OUT THERE TO CLEAN OUT TRASH, TAKE 'EM OUT THURSDAYS, PUT 'EM BACK, UH, SORRY, TAKE 'EM OUT WEDNESDAYS, PUT 'EM BACK, UM, THURSDAYS SO THE NEIGHBORS ARE NOT DISTURBED AND, YOU KNOW, THERE'S NO SMELL OR ANYTHING OF THAT SORT. UM, THE LAST THING IS, I'M PRETTY SURE THAT, UM, MR. MCKNIGHT [01:25:01] WAS NOT AWARE THAT TWO OF THE OTHER PROPERTIES ARE ON SECTION EIGHT, WHICH ARE LONG-TERM TENANTS. WE HAVE LEASES FOR THEM FOR TWO YEARS, UM, STARTING, UH, BOSE STARTED IT IN JANUARY OR FEBRUARY OF THIS YEAR, I CAN'T RECALL. BUT, UM, THAT IS A, UH, I GUESS HIS PREROGATIVE THAT HE WAS NOT AWARE THAT, UM, OUR PROPERTIES ARE ON SECTION EIGHT. AGAIN, WE DON'T, WE DON'T SELL THESE PROPERTIES. WE, WE TRY TO ADDRESS THE PROBLEM, WHICH IS AFFORDABLE HOUSING, WHICH IS ONE OF OUR, UM, MAIN, UM, ISSUES THAT WE TRY TO RESOLVE, INCLUDING, UM, THE VA UH, HOUSING VOUCHER AS WELL. SO THAT'S ANOTHER, UH, AVENUE WE, WE, UH, WE TRY TO GET INVOLVED IN. UM, THAT'S, THAT'S ESSENTIALLY IT. UM, THERE'S NO MAL INTENT OF US TRYING TO, UM, GET THIS OTHER UNIT PERMITTED. UM, UNIT 2 0 1 HAS BEEN PERMITTED AND THERE'S BEEN NO COMPLAINTS. I MEAN, YOU CAN CHECK WITH THE, UH, CITY, THE DEV, UH, DEVELOPMENT SERVICES AND WE'VE BEEN COMPLIANT. HOT TAXES HAVE BEEN PAID. UM, YEAH, AND IF THERE IS, IF THERE ARE ANY ISSUES, WE'RE VERY QUICK TO RECTIFY IT. UM, WE WERE VERY, WE WERE VERY OPEN WITH, UH, MR. JOSEPH HERE ON OUR COMMUNICATIONS ON PAYING HOT TAXES. WE'RE REACHABLE BY PHONE AND THERE'S ALWAYS A PERSON, UM, ON THE OTHER LINE TO, UH, ADDRESS ANY OF THESE ISSUES. SO WE'VE WORKED VERY CLOSELY WITH DSD AND WE'VE DONE MULTIPLE DEVELOPMENTS AND, UM, THERE'S BEEN NO STRIKE TEAM CALLED ON US. WE'VE FOLLOWED ALL THE PERMITS, UM, WE FOLLOWED ALL RULES AND REGULATIONS AND, UM, TRIED TO MAINTAIN OUR PROPERTIES TO THE BEST OF OUR ABILITIES. THAT'S, THAT'S IT FROM MIND. ALRIGHT, THANK YOU VERY MUCH. UH, WITH THAT, I'M LOOKING FOR A MOTION MOND COMMISSIONER BRADLEY, REGARDING CASE NUMBER BO A DASH 24 DASH 1 0 3 0 0 0 5 4. I MOVE TO THE BOARD OF ADJUSTMENT, GRANTED SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO SHORT TERM RENTAL SITUATED AT 1 0 0 5 ESSEX STREET, UNIT 1 0 2, APPLICANT BEING, UH, I'M SORRY, NACO. NACA. YEAH, I'LL START. SAME BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT OF CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANG THE PUBLIC HEALTH OR SAFETY. THE BOARD FINDS THAT THE REQUEST TO OPERATE ON ADDITIONAL SHORT TERM RENTAL IS UNLIKELY TO MATERIAL ENDANG 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. B, THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE. THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE THIS PUBLIC NUISANCE WOULD BE CREATED IF AN 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 STRUCTURES. THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WILL SUBSTANTIALLY INJURE THE NEIGHBORING PROPERTY AS A, AS A TYPE TWO RENTAL D, ADEQUATE UTILITIES, ACCESS, ROADS, STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACILITIES HAVE BEEN OR ARE BEING PROVIDED. THE SUBJECT PRI SUBJECT PROPERTY PROVIDES OFF STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE. E THE APPLICANT OR OWNER FOR THE SPECIAL EXCEPTION, DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES, CONFIRMED CITATIONS OR ADJUDICATED OFFENSES, CONVICTIONS OF VIOLATION, CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITHIN ONE YEAR PRIOR TO THE DATE OF THE APPLICATION, THE APPLICANT DOES NOT HAVE ANY HISTORY OF REVOCATION, CITATIONS, OR CONVICTIONS FOR VIOLATIONS OF CHAPTER 16 F. THE SPECIAL EXCEPTION WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR SPECIAL EXCEPTION IS STOCK. THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO OTHER RESIDENTIAL PROPERTIES WITHIN THE PROPERTY OWNER PROVIDING WITH THE PROPERTY OWNER PROVIDING OFF STREET PARKING AND MAINTAINING IT FROM THE NEIGHBORHOOD NEIGHBORING PROPERTY. THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION AND DEVOTION. SECOND, A SECOND BY COMMISSIONER BEEZ. COMMISSIONER BRAMAN. YEAH, I'M GONNA BE IN SUPPORT OF THIS MOTION. UM, FOR THE VERY REASON THAT THE APPLICANT, UH, INDICATED THAT HE DOES HAVE, UH, TWO SECTION EIGHT, UH, TENANTS IN THERE. UM, I THINK BY NOT ALLOWING THE, THE EXTRA SHORT-TERM RENTAL, UH, WHICH, UM, WOULD ALLOW THEM THE NUMBERS TO MAKE SENSE, IT MIGHT DISINCENTIVIZE HIM AND A FUTURE PROPERTY OWNERS FOR ACCEPTING SECTION EIGHT. UM, AND WE ALREADY KNOW THAT THERE'S AN ISSUE WITH AFFORDABLE HOUSING AND SO I DON'T THINK WE WANTED TO DISINCENTIVIZE ANY PROPERTY [01:30:01] OWNER FROM BEING ABLE TO OFFER A SECTION EIGHT, UM, PROPERTY. UH, AND SO WITH A SLIGHT INCREASE IN THE DENSITY FROM 12 POINT A HALF TO 14%, THIS WILL ALLOW, UH, THIS APPLICANT TO CONTINUE. UM, ALONG THAT VEIN, COMMISSIONER BERNICE? YEAH, AL ALMOST IDENTICAL TO WHICH HE SAID, YOU KNOW, UH, THANKS TO THE APPLICANT, WE DO HAVE TWO, UM, AFFORDABLE HOUSES THERE, YOU KNOW, THROUGH HOUSING. UM, IT DOESN'T INCREASE VERY MUCH FROM 12.5 TO 14% AND, UM, IDEALLY SURE WE'D LOVE TO HAVE ALL FOUR OF THEM THERE, BUT I'M SURE THE APPLICANT HAS FINANCIAL OBLIGATIONS THAT HE HAS TO, TO COMMIT TO. SO, UH, FOR THOSE REASONS I'LL BE IN FAVOR. ANY OTHER COMMISSIONS YOU'D LIKE TO ADD? MANANA, BEDA, COMMISSIONER, MANNA, THEN BENAVIDES? YEAH, SO I, I ACTUALLY WILL BE IN OPPOSITION OF THIS AND FOR A COUPLE OF REASONS. UM, ONE IS THAT WITHIN A HALF MILE THERE ARE 12 OTHER SHORT-TERM RENTALS IN THIS AREA. SO, SO IT DOES SEEM TO HAVE SOME DENSITY, UM, IN THE AREA ALREADY. AND THEN, YOU KNOW, I I GUESS THE WHOLE NOTION OF TRYING TO PROVIDE AFFORDABLE HOUSING IS WONDERFUL ON THAT PERSPECTIVE. UM, YOU KNOW, BUT TAKING THAT AWAY, YOU KNOW, AS, AS ANOTHER POTENTIAL HOME, YOU KNOW, I GUESS, UM, YOU KNOW, I I I'M STRUGGLING WITH THAT SO I WON'T BE VOTING IN PAPER. ALRIGHT, COMMISSIONER BEES. UM, I'M, I, I AGREE WITH MY COLLEAGUE MANNA. I NOT ONLY, I UNDERSTAND THAT THE DENSITY LEVEL IS NOT MUCH HIGHER. I MEAN 12, 12.5% TO 14%, BUT FOR ME, WHAT WEIGHS HEAVILY WAS THE OPPOSITION, UM, OF THE, OF THE NEIGHBOR. SO I WILL BE OPPOSED AS WELL. OKAY. ANYONE ELSE? UH, BON AGAIN, I THINK TO UM, YES TO, TO LOOK AT STUFF A HALF MILE AWAY OR A MILE AWAY. UM, IT'S NOT IN REGARDS TO THE 12.5% OF THE 40% HAS NOTHING TO DO WITH THIS APPLICANT. OKAY. UH, WITH THAT, LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BONNI, I CONCUR. COMMISSIONER BARON, I DO NOT CONCUR. COMMISSIONER STEVENS? I DO NOT CONCUR. COMMISSIONER IBANEZ? I DO NOT CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER MANANA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ? I DO NOT CONCUR. COMMISSIONER UNA? YES, I CONCUR. CHAIR ORIAN? I DO NOT CONCUR. MOTION FAILS. SIX TO FOUR. THANK YOU. UM, COMMISSIONER, UM, WE HAD A REQUEST FOR ITEM NUMBER 11. UM, SHE'S REQUESTING A TWO WEEK CONTINUANCE. I'M NOT SURE IF WE CAN KNOCK THAT OUT. SURE. TO TWO WEEK TILL MAY. MAY 6TH. MAY 6TH. AND IF I CAN, UH, READ THAT INTO THE RECORD REAL QUICK, PLEASE DO. UM, ITEM NUMBER 11, BO 8 24 1 0 3 0 0 0 5 3. A REQUEST BY JENNY CORTEZ FOR A FENCE MATERIAL VARIANCE TO ALLOW CORRUGATED METAL ON THE SIDE AND REAR YARD LOCATED AT 9 0 7 GREER STREET. STAFF RECOMMENDS DENIAL. AND WE DO HAVE TWO VOICEMAILS AND TWO SPEAKERS, UM, HERE FOR THIS CASE. ALL RIGHT, LET'S HAVE THE VOICEMAILS FIRST. PLEASE, PLEASE. VOICEMAILS FOR ITEM NUMBER 11. CALLING THAT ONE SECOND PLANNER. THIS IS JANIE CORTEZ AT 9 0 7 GREER. REFERENCE CASE NUMBER BOA 24 DASH 1 0 3 0 0 0 5 3. MEETING FOR TODAY AT ONE O'CLOCK, I REACHED OUT TO THE HIGHLAND PARK NEIGHBORHOOD ASSOCIATION, HPNA. THE BOARD MET THAT EVENING ON THE 26TH OF MARCH OF MY SON HAD A MAJOR DENTAL PROCEDURE AND I WAS NOT ABLE TO ATTEND, BUT MS. AARON DEGOS RE EMAILED ME STATING THEY VOTED TO SUPPORT AND WOULD SEND A LETTER AND BOARD MEMBER RACHEL ROHR, BETH CARR, AND HPNA. ROY. EDDIE ROHR VOLUNTEERED TO ATTEND MEETING TODAY IN PERSON SUPPORT. ALSO MR. RAYMOND SIGMAN. NEXT DOOR NEIGHBOR ON THE WEST SIDE OF MY PROPERTY HAS VOLUNTEERED TO ATTEND IN PERSON SUPPORT. ALSO, WE MOVED TO 9 0 7 GRIER IN 2003. I KNOW WHO MY NEIGHBORS ARE, BUT DUE TO MY HUSBAND'S HOUSE, WE ONLY HAVE TALKED TO FIVE NEIGHBORS AND THE REST WE WAYS THEY KNOW WHO WE ARE AND WHERE WE LIVE. SOME HAVE MOVED AND SOLD THEIR HOMES THE SICK. MY HUSBAND PASSED AWAY IN JUNE OF 21. THE SIG HAVE BEEN THE CLOSEST NEIGHBORS. I REACHED OUT TO MY NEIGHBORS. I COLLECTED 12 SIGNATURES WITH SUPPORT. [01:35:01] NO ISSUES TO MY FENCE, WHICH HAS BEEN SUBMITTED, BUT I WILL TRY TO GIVE MORE SIGNATURES TODAY IF POSSIBLE. MY NEIGHBORHOOD IS NOT A G COMMUNITY, BUT DUE TO HIGH CRIME AND HOLINESS, THE NEIGHBORS HAVE FENCE IN THEIR PROPERTY AND WHICH I CANNOT GO INTO THEIR PROPERTY. MR. COLTON, ON THE I AM 85 YEARS, MY SON IS DISABLED. WE ARE IN A FIXED INCOME, CANNOT AFFORD TOO MANY THINGS OR CHANGES. MY ONLY THOUGHT IS TO PROTECT MY SON ONCE I'M NO LONGER HERE. THE SAFETY THIS BEAUTIFUL OUR PANEL HAS, MY SON WOULD NEVER HAVE TO WORRY IN REPLACING THIS STURDY FENCE. AS YOU CAN SEE, THE PICTURES I SUBMITTED ON COMMENTS 18 APRIL, I WAS TOLD I COULD TURN IT IN THAT DAY. SO I DON'T WANNA GO OVER MY THREE MINUTES. SO I WANT TO THANK YOU AND THE STAFF, THE OPPORTUNITY FOR ME TO EXPRESS MY CONCERNS. YOURS TRULY, JAMIE AND RAYMOND CORTEZ. HELLO, THIS MESSAGE IS ABOUT CASE NUMBER 24 DASH 10 3053. MRS. CORTEZ'S FENCE. MY NAME IS ERIN GALLEGOS REED. I AM THE BOARD PRESIDENT OF HIGHLAND PARK NEIGHBORHOOD ASSOCIATION, AND I, ALONG WITH MY BOARD, FULLY SUPPORT MS. CORTEZ'S FENCE. UH, I ALSO KNOW THAT HER THREE NEIGHBORS HAVE NO PROBLEM WITH THIS FENCE, AND I DO UNDERSTAND IT'S A NECESSITY FOR PRIVACY AND PROTECTION OF HER SON. AGAIN, ERIN GALLEGOS REED. I LIVE ON STEVE'S AND I AM THE BOARD PRESIDENT OF HIGHLAND PARK NEIGHBORHOOD ASSOCIATION, AND I SUPPORT MS. CORTEZ AND HER FENCE. THANK YOU. HI, MY NAME IS RACHEL ROHR. I RESIDE AT 1143 CATON AVENUE. MY PHONE NUMBER IS TWO TEN TWO SIX ZERO NINE ZERO ONE FOUR AND THIS IS IN REFERENCE TO BOA CASE, UH, 24 DASH 0 300 0 5 3. I'M ALSO A HIGHLAND PARK BOARD MEMBER AND I WOULD JUST LIKE TO EXPRESS MY SUPPORT MRS. CORTEZ AND HER WANTING TO KEEP HER FENCE. UM, IT'S OUR PANEL WE WENT BY THIS WEEKEND. IT, IT ADDS TO THE NEIGHBORHOOD. IT DOESN'T TAKE ANYTHING AWAY FROM THE NEIGHBORHOOD. WE WANT, UH, TO LET THE COMMITTEE KNOW THAT HIGHLAND PARK NEIGHBORHOOD ASSOCIATION ALSO MYSELF, WILL SUPPORT HER IN KEEPING HER FENCE. IF YOU HAVE ANY QUESTIONS, I LOOK FORWARD TO MEET ADDRESSING THE COMMITTEE TOMORROW. THANK YOU. AND WE GOT, UH, MR. ROY ROHR? YES, I WOULD JUST DEFER IF I COULD TILL CONTINUANCE IF IT'S APPROVED. WELL, WE'D LIKE TO HEAR FROM YOU IF SINCE YOU'RE HERE. I'M HERE. I'M IN SUPPORT. MY NAME'S EDDIE ROHR. I LIVE THERE ON CATON STREET, UH, HIGHLAND PARK ASSOCIATION. I'M IN SUPPORT OF WHAT'S THERE. UH, IT SAYS THAT IT TAKES AWAY FROM THE COMMUNITY. UH, CAN I SUBMIT A COUPLE OF PICTURES NOW? SURE, SURE. AND THEY CAN PROJECT IT ON THE MONITOR IF, IF YOU HAND THAT TO THE STAFF. YEAH, IF YOU'LL JUST PUT THOSE TWO SIDE TO SIDE. UH, I THINK OUR PANEL'S KIND OF GOTTEN A BAD WRAP. I DON'T KNOW WHY, BUT THEY DON'T LIKE IT. BUT IT'S LESS EXPENSIVE THAN WOOD IN THE SHORT TERM AND THE LONG TERM. LESS, LESS COST. PUTTING IT UP ON THE LONG TERM, YEARS DOWN THE ROAD, MUCH EASIER TO MAINTAIN. IT'S DURABLE. IT DOESN'T RUST. THERE'S NO WARPING, THERE'S NO SEPARATION. IF YOU SEE THESE TWO PICTURES HERE, ONE IS AN OLD FENCE ON YOUR LEFT, THE NEW FENCE ON THE RIGHT. THIS IS A RELATIVELY NEW FENCE. YOU'VE ALREADY GOT A QUARTER INCH GAP THERE. IT'S GONNA BE A HALF INCH BY THE TIME SUMMER COMES BY. UH, SECURITY. UH, THIS YOUNG LADY IS 85 YEARS OLD. SHE HAS A SPECIAL NEEDS SON. UH, SECURITY IS, IS A, A THING OF IMPORTANCE TO HER. UH, THERE'S AN OLD, I SPENT 52 YEARS IN LAW ENFORCEMENT. THERE'S AN OLD SAYING OUTTA SIGHT OUTTA MIND IF PEOPLE CANNOT SEE THROUGH THE FENCE AND SEE WHAT'S IN THERE, THEY'RE TYPICALLY NOT GONNA GO IN LOOKING FOR STUFF. THIS, THIS KNOCKS THAT PROBLEM OUT. UH, HE HAS A SMALL DOG, HER SON. UH, IT KEEPS OTHER DOGS FROM GOING UP, DOWN, UP AND DOWN THE ALLEY AGITATING HIS DOG, MAYBE GETTING HIM A LITTLE, UH, EXCITED TOO. APPEARANCE WISE. IT'S BEAUTIFUL. LET ME PUT UP TWO OTHER PICTURES REAL QUICK. [01:40:01] IF YOU'LL PUT THOSE SIDE TO SIDE AND LOOK AT 'EM. UH, THEY'RE SAYING THAT IT TAKES AWAY FROM THE BEAUTY OF THE, THE NEIGHBORHOOD. THIS IS IN HER ALLEY NOW, THIS IS NOT A, A CORNER LOT THAT THERE'S ANY OBSTRUCTION. THIS IS IN THE ALLEY ACROSS THE STREET, NOT COMPLAINING TO THE NEIGHBORS. THEY'RE SUPPORTIVE OF HER, BUT THAT'S ABOUT A 10 OR 12 YEAR FENCE. THIS IS RELATIVELY NEW IN 10 OR 12 YEARS THAT OUR PANEL WILL LOOK THE SAME AS IT LOOKS NOW, IT, IT, IT, IT'S ALUMINUM, UH, GALVANIZED METAL. IT WON'T RUST. UH, IT DOESN'T DETERIORATE. IT DOESN'T SEPARATE, IT DOESN'T BEND. SHE HAS A CAP ON THE TOP. IF SOMEONE TRIES TO COME OVER IT, THERE'S NO DANGER THERE. I MEAN, IT'S, IT'S AN EXCELLENT, UH, THING. I I I'VE, I'VE ASKED OVER THE LAST TWO OR THREE YEARS, NUMEROUS PEOPLE WHY OUR PANEL IS NOT ALLOWED AS A FENCING MATERIAL. AND NO ONE HAS EVER BEEN ABLE TO ANSWER THAT QUESTION. I KNOW IT'S IN THERE SOMEWHERE. IT SAYS IT'S NOT APPROVED. BUT I SAY WHY? I WOULD LIKE FOR SOMEONE TO GIMME AN EXPLANATION. IT'S EXCELLENT FENCING IF FOR A CONDITION THAT SHE'S IN LOW MAINTENANCE, UH, SECURITY. IT, IT'S, IT'S EXCELLENT. UH, I WOULD SUGGEST THAT, UH, AND, AND YOU LOOK AT IT, IT'S, IT ADDS TO THE, UH, AESTHETICS, PARTICULARLY IN AN ALLEY OR ALONG ANY FENCE LINE. APPRECIATE YOUR CONSIDERATION AND THINK ABOUT THE CIRCUMSTANCES AND UH, THAT'S ALL I WOULD SAY. THANK YOU. UH, THAT'S ALL THE PUBLIC COMMENT. ALRIGHT. UM, NOW I KNOW THAT THE APPLICANT WAS REQUESTING A CONTINUANCE, BUT WE HEARD FROM THE APPLICANT AND WE HAVE NOTHING BUT SUPPORT. UM, I'M, I AM COMPLETELY NOT OPPOSED TO JUST HEARING A MOTION AND MOVING FORWARD WITH THIS ONE. SOMEONE WOULD LIKE TO MAKE ONE MANNA COMMISSIONER MANNA. SO, SO I DID HAVE ONE QUESTION. SO, SO THE, UH, THANK YOU FOR THE PICTURE. SO, SO DOES, UM, THE CITY CODE REQUIRE, UM, CAPPING ON BOTH THE TOP AND THE BOTTOM? UH, FOR CORRUGATED METAL FENCE? IT IS NOT IT, YEAH, IT IS JUST A PROHIBITED MATERIAL. SO THERE'S NO FURTHER GUIDELINES ON THAT. YEAH, I'D LIKE TO ADD THAT. NORMALLY WHEN, WHEN PEOPLE COME FORTH WITH US AND THEY, THEY HAVEN'T BUILT A FENCE, CAPPING IS AN ISSUE, BUT THE PICTURE SHOW THAT THERE IS A CAP. SO WE, NO, BUT I WAS ASKING FOR THE BOTTOM AND SO, SO NORMALLY I, I THINK THE DIALOGUE HAS BEEN TOP AND BOTTOM AND I JUST WANTED TO VERIFY IF, IF THE BOARD DID APPROVE THIS, THAT CITY CODE WOULD REQUIRE THEM TO GO AND CAP THE BOTTOM AS WELL. WOULD THAT BE TRUE STATEMENT? IT'S GOT CONCRETE STOVES ALL ALONG THE BOTTOM. IT, IT'S NOT A REQUIREMENT OF THE CITY CODE TO HAVE IT CAPPED ALONG THE BOTTOM. THAT'S JUST A PROCESS THAT YOU GUYS HAVE KIND OF ADOPTED IN YOUR, YOUR PROCESSES. OKAY. YEAH, THIS, THIS, UH, IF ANYONE WOULD LIKE TO MAKE A MOTION, I WOULD SUGGEST IT BEING, YOU KNOW, AS, AS, AS REFLECTED IN THE PICTURES AND IN, IN THE LOCATION PER THE APP, PER THE APPLICANT'S, UM, APPLICATION MANNA COMMISSIONER MANNA. SO I AM GOING TO READ THIS, UM, REGARDING CASE NUMBER BOA 2 4 1 0 3 0 0 0 5 3 WITH THE BOARD OF ADJUSTMENT, CURRENT REQUEST FOR FENCE MATERIAL VARIANCE TO ALLOW A CORRUGATED METAL FENCE ALONGSIDE AND REAR SITUATED AT 9 0 7 GRUER STREET. UM, APPLICANT BEING, UH, JANIE CORTEZ BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CARE OF THIS PROPERTY IS SUCH A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THE REQUEST IS NOT CONTRARY TO PUBLIC INTEREST AS THE FENCE HAS BEEN ADEQUATELY FRAMED AS PER THE PICTURES THAT WERE PROVIDED AND CAPPED WITH, UH, OTHERWISE APPROVABLE MATERIALS. TWO, DUE TO SPECIAL CONDITIONS OR LAW ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF FIND SPECIAL CONDITIONS ON THE SUBJECT PROPERTY THAT WOULD PERMIT AN EXCEPTION TO THE APPROVED FENCE MATERIAL. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP, SUCH AS THE LOSS OF SECURITY OF THE, UH, FOR THE PROPERTY OWNER. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE DEFENSE DOES NOT APPEAR TO OBSERVE THE SPEAR OF THE ORDINANCE AS IT HAS BEEN ADEQUATELY FRAMED AND CAPPED FOR THE VARIANCE NOT AUTHORIZED THE OPERATION OF THE 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 WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT, WHICH HIS PROPERTY IS LOCATED. STAFF FINDS BY, UH, GRANTING THE, THE VARIANCE, UH, WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT PERFORMING PROPERTIES OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXIST ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT DUE TO THE, OR THE RESULT OF GENERAL CONDITIONS IN DISTRICT, WHICH IS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH A VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE [01:45:01] PROPERTY, SUCH AS THE NEED FOR SECURITY AND PRIVACY. END OF MOTION. SECOND. SECOND BY COMMISSIONER BRACKMAN. UH, UM, I'D LIKE TO OFFER AN AMENDMENT IF YOU COULD, UH, CLARIFY THAT IT'S, IT'S IN THE, IT'S IN THE, UH, REAR YARD ON THE WEST SIDE IN A PORTION OF THE, OF THE NORTH SIDE BACK FENCE AS PER SITE PLAN. UM, YES, I I ACCEPT THAT MOTION AS YOU JUST STATED, IF THAT'S OKAY. COMMISSIONER BRAGMAN, DO YOU ACCEPT THAT? YES. OKAY. SO COMMISSIONER MANON, PLEASE PROCEED. SO, UM, YEAH, SO, SO I THINK FROM WHAT WE HEARD, UH, FROM, UM, THE, UH, NEIGHBORHOOD ASSOCIATION, YOU KNOW, THAT, UM, WHO, WHO, UM, DID REACH OUT TO THE COMMUNITY, GOT THEIR INPUT, UH, FROM THE APPLICANT THEMSELVES. I THINK THAT THERE WAS, UM, ADEQUATE PRESENTATION THAT SHOWS THE DEFENSE IS WARRANTED. AND SO I'LL, I'LL BE MOVING TO APPROVE IT AS READ. ALL RIGHT. THANK YOU. COMMISSIONER BRACKEN. I AGREE WITH MY COLLEAGUE. IT SEEMS LIKE IT'S A WELL-BUILT FENCE. IT'S IN THE REAR OF THE PROPERTY, SO IT'S NOT, UM, OUT OF CHARACTER FOR THE NEIGHBORHOOD. UM, AND SHE DOES HAVE A LOT OF SUPPORT FROM HER NEIGHBORS. SO I, I'LL BE IN SUPPORT OF THE MOTION. ALL RIGHT, ANY OTHER COMMISSIONERS LIKE TO ADD? AND SO TO CLARIFY, THE MOTION IS, IS, UH, AS FOR CORRUGATE METAL ALONGSIDE THE, THE WEST SIDE REAR YARD AND PORTION OF THE NORTH SIDE REAR YARD. AS PER THE SUBMITTED SITE PLAN. HAVE A ROLL CALL VOTE PLEASE. COMMISSIONER DEAN ARRIVED AT 2:55 PM OH GEEZ. SNUCK IT ON ME. ALRIGHT, THANK YOU. AND THEN WE'RE READY FOR ROLL CALL. YES. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER TON. I CONCUR. COMMISSIONER STEVENS? I CONCUR. COMMISSIONER BONIS? I CONCUR. COMMISSIONER DEAN, I ABSTAIN. COMMISSIONER EZ. I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER O ZUNA. I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. UH, TEN FOUR WITH ONE ABSTENTION. ALL RIGHT, LET'S MOVE ON TO ITEM NUMBER FIVE. CHAIR. YES. DO I HAVE A FIVE MINUTE BREAK? YES. UH, INSTEAD OF MOVING ON TO FIVE, WE WILL BE HAVING A SIX MINUTE BREAK. SEE EVERYBODY HERE AT 3 0 3. ALL RIGHT. IT'S 3 0 3. WE'RE GONNA MOVE, GET THIS BACK IN ORDER. ITEM FIVE. ALL RIGHTY. GOOD AFTERNOON. ITEM FIVE IS BO OA 24 1 0 3 0 0 0 3 8 ADDRESS OFF OF 2 0 0 7 WEST MARTIN DISTRICT FIVE. APPLICANT BEING LIFT FUND INCORPORATED REQUEST FOR A ONE FOOT SPECIAL EXEMPTION FOR THE MAXIMUM FIVE FOOT FENCE HEIGHT TO ALLOW A SIX FOOT PREDOMINANTLY OPEN FENCE IN THE FRONT YARD PROPERTY ZONE C TWO. SO THEIR PROPERTY LOCATED ALONG WEST MARTIN STREET OR PUBLIC PREDOMINANTLY OPEN FENCE WILL BE LOCATED ALONG THE SOUTHERN PORTION OF THE PROPERTY ADJACENT TO THE PROPERTY LINE ALONG WEST MARTIN STREET. EXISTING UTILITIES REPLYING SIDEWALK ALONG THE NORTH. A ON 10TH STREET APPLICANT REQUESTING EXEMPTION. OH, NEXT SLIDE. THIS IS THE SUBJECT PROPERTY, UH, SITE PLAN. THE FENCE IS GONNA BE ONLY ON THE FRONT BY THE FRONT DOOR IS THE SUBJECT PROPERTY AND SURROUNDING AREA. AND STAFF RECOMMENDS APPROVAL ON BO OA 24 1 0 3 0 0 3 8 BASED ON THE FOLLOWING FINDINGS OF FACT, SIMILAR OFFENSES ARE FOUND ALONG WEST MARTIN AND OPPOSE HEIGHT WOULD ADD SECURITY TO THE PROPERTY AND SURROUNDING AREA 24 NOTICES WERE MAILED OUT. ZERO IN FAVOR, ZERO IN OPPOSITION. NO RESPONSES FROM THE NEIGHBOR ASSOCIATIONS AND ONE IN FAVOR OUTSIDE 200 FEET. AND THAT'S STATUS PRESENTATION AND THE APPLICANT IS AVAILABLE. OKAY. AND, UM, I WANTED TO ASK AN ON THE CASE SUMMARY. IT MENTIONS, UH, THAT THE APPLICANT IS REQUESTED AN EXEMPTION FROM THE, UM, FBZD STREET [01:50:01] SCAPE LANDSCAPE. THAT WAS FROM ANOTHER CASE. NO, NOT FROM THIS ONE. OH, APOLOGIZE. ALL RIGHT, SO THE APPLICANT COME FORWARD. I'M SORRY, COULD WE SAY THAT LETTER AGAIN? IT WAS ON THE SCREEN TOO SHORT. ALL RIGHT. UH, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR FENCE. GOOD AFTERNOON. MY NAME IS PRISCILLA DERE. I AM REPRESENTING LIFT FUND. ALL RIGHT. PLEASE PROCEED. SURE. UM, SO THE REASON WHY WE ARE REQUESTING JUST A ONE FOOT VARIANCE FROM THE FIVE FOOT, UM, RECOMMENDATION OR REQUIREMENT, I'M SORRY, WE'RE ONLY REQUESTING ONE FOOT VARIANCE FROM THE FIVE FOOT REQUIREMENT IS PRESENTLY WE ARE EXPERIENCING A LOT OF VANDALISM. WE RECENTLY, UM, UM, EXPERIENCED THE FRONT ENTRANCE IS ALL GLASS. SO WE'VE, UM, THEY'VE SHATTERED THE GLASS. IT'S CURRENTLY BOARDED UP RIGHT NOW. UM, WE DON'T WANNA ADD ANY REPAIRS UNTIL WE ARE GIVEN PERMISSION TO INSTALL THIS FENCE THAT WILL BASICALLY GUARD OFF THE FRONT GLASS ENTRANCE. UM, WE CURRENTLY ARE EXPERIENCING A HIGH VOLUME OF HOMELESSNESS, VANDALISM, TRASH. UM, I'VE PERSONALLY BEEN THERE, UM, WHERE SOMETIMES I HAVE TO, LET ME GIVE YOU A LITTLE HISTORY ABOUT THE BUILDING. UM, CURRENTLY WE DO NOT HAVE EMPLOYEES THERE. RIGHT NOW THE BUILDING'S UNDER LITIGATION, SO IT'S A VACANT BUILDING, BUT WE DO HAVE A MAINTENANCE TECHNICIAN THAT GOES THERE THREE TIMES A WEEK BY HIMSELF AND ALWAYS HAS TO ENCOUNTER HOMELESS PEOPLE HAVE TO RUN THEM OFF 'CAUSE EITHER THEY'RE, UM, CONSUMING ALCOHOL TRASH OR DOING SOME OTHER ACTIVITY. UM, MY CONCERN FOR MS IS OBVIOUSLY SAFETY AND THE SAFETY OF THE BUILDING. UM, SO HENCE WHY WE ARE REQUESTING THIS VARIANCE OF JUST ONE FOOT TO THE, UH, FIVE FOOT REQUIREMENT. ALRIGHT. ALRIGHT. I'LL SEE IF WE HAVE ANY QUESTIONS. SURE. THERE'S NO PUBLIC COMMENTARY. ANYONE SIGNED UP? RIGHT. YOU HAD MENTIONED THAT THIS ONE VOICEMAIL. ONE VOICEMAIL. WE'LL HEAR THE VOICEMAIL FIRST AND THEN WE'LL SEE IF WE HAVE QUESTIONS. YEAH. WHILE WE'RE WAITING, I'LL HAVE A QUICK QUESTION FOR YOU. SURE. OF COURSE YOU HAVE A, YOU HAVE AN EXISTING, UH, PREDOMINANTLY OPEN FENCE IN THE, UH, WEST SIDE OF YOUR BUILDING. IS THAT FENCE SIX FEET TALL? YES, IT IS. SO IT'LL MATCH. YES. IT IT'S WILL MATCH. EXACTLY. ANY OTHER QUESTIONS WHILE WE'RE WORKING ON THE VOICEMAIL? ALL RIGHT. OKAY. UH, QUICK QUESTION FOR LEGAL. IF THERE'S A, IF THERE'S A TECHNICAL ISSUE WITH HEARING A VOICEMAIL, UH, DOES THAT, UH, UH, STOP US FROM, FROM MOVING FORWARD? UH, NOW JUST IT'S PUBLIC COMMENT. IF WE, IF WE CAN GET A REFERENCE TO WHAT THE VOICEMAIL, YOU KNOW, INTENDED. OKAY. JUST IN CASE WE CAN TRY MANUALLY PLAYING IT FROM THE COMPUTER WHILE HE'S FIGURING OUT THE SYSTEM COMPONENT. STICK THE MICROPHONE IN THAT , UH, JOHN , UH, VIRGINIA STREET, SAN ANTONIO SEVEN, UH, CASE NUMBER BOA 2 4 1 0 3 0 0 0 3 8. I APPROVED PERSONALLY AS A CITIZEN OF THIS UH, CASE. I, UH, I THINK EVERY, UH, BUSINESS AND HOMEOWNER, EVERY MEMBER DESERVES TO HAVE THE OPPORTUNITY TO, UH, STRENGTHEN THEIR SECURITY GIVEN THE HIGH CRIME RATE THAT WE HAVE. UM, IN ADDITION, I ALSO WANT TO EXPERIENCE MY CONCERN [01:55:01] WITH THE BOARD OF ADJUSTMENTS, UH, CASE MANAGER, ALFONSO CAMACHO'S EMAIL WAS NOT, UH, WORKING. I'M NOT SURE IF HE GOT READJUSTED. I DID CHECK HOW HE ENTERED HIS EMAIL ADDRESS AND STILL DIDN'T GO THROUGH. SO THAT'S GOING TO IMPACT, UM, THE MESSAGING THAT'S GETTING TO YOUR BOARD SO YOU CAN PUT AN ASTERISK ON THAT PROCESS. UM, BUT YEAH, THAT'S SOMETHING YOU NEED TO LOOK INTO AND, UH, FIX. THANK YOU. GOODBYE. STEPH. IS THAT VOICEMAIL AND SUPPORT OR AGAINST? IT'S IN SUPPORT. OKAY. ALRIGHT. SO WITH THAT IS THERE, AND AND ALSO I JUST DO WANNA POINT OUT YES. UH, ALFONSO CAMACHO DID LEAVE US, UH, FOR PRIVATE SECTOR AND WE DID REROUTE HIS EMAILS TO, UH, OTHER STAFF. SO WE DID GET SUFFICIENT PUBLIC INPUT ON THIS. OKAY. UH, ANY COMMISSIONER QUESTIONS BEFORE WE MOVE ON TO A MOTION? CRUZ, COMMISSIONER CRUZ. UM, I'M JUST TRYING TO FIGURE OUT, IS THIS A BUSINESS OR A NONPROFIT ORGANIZATION? WE ARE A NONPROFIT ORGANIZATION. OKAY. SO, AND I KNOW WHERE YOU'RE CLOSE TO. ALL RIGHT. THANK YOU. YOU'RE WELCOME. ALRIGHT, I'M LOOKING FOR A MOTION COMMISSIONER MANNA REGARDING CASE NUMBER BO A 2 4 1 0 3 0 0 0 3 8. I'M WITH THE BOARD ADJUSTMENT GRANT, THE REQUEST FOR A ONE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT FENCE HEIGHT TO ALLOW SIX FOOT PREDOMINANTLY OPEN FENCE IN THE FRONT YARD, SITUATED AT 2 0 7 WEST MARTIN STREET, EPIC BEING LIFT FUND INC. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINE SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH AS LITERAL ENFORCEMENT, THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION NOT WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. GRANTED, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER AS IT EXCEEDS IN MAXIMUM HEIGHT LIMITATION OF FOR PREDOMINANTLY OPEN FENCE BY ONE FOOT B. THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THESE CRITERIA ARE REPRESENTED BY FENCE SITES TO PROTECT PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY. THE PROPOSED FENCE WILL ADD TO THE PROTECTION OF THE PROPERTY AND THE COMMUNITY. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE PREDOMINANTLY THE PROPOSED PREDOMINANTLY OPEN FENCE WOULD BE ALONG WEST MARTIN STREET AND WOULD NOT INJURE NEIGHBORING PROPERTIES AS THE FENCE DOES NOT OBSTRUCT THE LINE OF SIGHT FOR ONCOMING VEHICLES. THE SPEC SPECIAL EXCEPTION WILL NOT ALTER THIS ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION, WHICH THE PROPERTY FOR WHICH THIS SPECIAL EXCEPTION IS SOUGHT UPON. INSPECTION OF THE DISTRICT AND LOCATION OF THE FENCE AT ITS PROPOSED HEIGHT, WILL NOT ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT. IF SIMILAR FENCES EXIST ALONG WEST MARTIN STREET E. THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT, UH, OR THE REGULATIONS HEARING ESTABLISHED FOR THE SPECIFIC DISTRICT. IF GRANTED THE SPECIAL EXCEPTION WILL NOT ALTER THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEARING ESTABLISHED FOR THE SPEC FOR THE SPECIFIC DISTRICT. THE PROPOSED FENCE EXCEEDS THE HEIGHT REGULATIONS BY ONE FOOT AND WILL ENHANCE THE SECURITY OF THIS PROPERTY. AND A MOTION. SECOND. SECOND BY COMMISSIONER CRUZ. COMMISSIONER MAN. UM, YES, I THINK, UH, THE TESTIMONY PROVIDED BY THE APPLICANT AS WELL AS, UH, THE NEIGHBOR ACROSS HIS, UH, CHANNEL. UM, I DON'T SEE THIS AS AN ISSUE, UH, WITH REGARDS TO THIS REQUEST. AND UM, I'LL BE VOTING IN FAVOR. COMMISSIONER CRUZ? YES, I CONCUR WITH MR. MANNA. I DON'T SEE ANY OBJECTIONS TO THIS BENCH HEIGHT. THANK YOU. ALRIGHT, ANYONE ELSE LIKE TO ADD? HEARING NONE. I HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER MANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER EZ? I CONCUR. COMMISSIONER EZ. COMMISSIONER EZS. THANK YOU. . COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER O ZUNA? YES, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. 11 TO ZERO. CONGRATULATIONS. OKAY, THANK YOU VERY MUCH. THANK YOU FOR YOUR TIME. THANK YOU. ITEM SIX. ALL RIGHT. ITEM NUMBER SIX, BO OA DASH 2 24 DASH 1 0 3 0 0 0 4 5. UH, ADDRESS 29 11 DEER ALLEGED DRIVE, UH, COUNSEL DISTRICT ONE APPLICANT BEING NARITA CHOPPA, UH, THE REQUEST IS FOR A THREE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT TO ALLOW A SIX FOOT PRIVACY FENCE EAST SIDE OF THE FRONT, UH, YARD. SECONDLY, A THREE FOOT TWO INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK FROM FOR AN ACCESSORY STRUCTURE TO BE ONE FOOT 10 INCHES FROM THE SIDE SETBACK. ZONING [02:00:01] IS R FIVE. SUBJECT PROPERTY IS LOCATED WEST OF VANCE JACKSON ROAD, NORTH OF CALLAHAN ROAD WITHIN THE CORNER OF ABOUT WELL DRIVE AND DEER LEDGE DRIVE. THE APPLICANT BEING THE PROPERTY OWNER INSTALLED A FENCE TO CREATE FURTHER SEPARATION AND PRIVACY FROM NEIGHBORING PROPERTY. CODE ENFORCEMENT INITIATED AN INVESTIGATION ON OCTOBER 25TH, 2023 FOR BUILDING WITHOUT A PERMIT DUE TO THE PRIVACY FENCE EXCEEDING THE HEIGHT. MAXIMUM ALLOWANCE OF THREE FEET IN THE FRONT YARD FENCE. THE PROPERTY WAS REINSPECTED AND AND CITED BY CODE ENFORCEMENT ON JANUARY 30TH, 2024 WITH NO FURTHER ACTION HAVING BEEN MADE ON THE BY THE PROPERTY OWNERS. CODE ENFORCEMENT, UH, ADMINISTRATIVE HEARING AND CITATIONS ARE ON HOLD PENDING BOA DECISION. ADDITIONALLY, DURING THE SITE VISIT, UH, STAFF FOUND THAT THE EXISTING STRUCTURE ON THE PROPERTY REQUIRED A FOUR FOOT TWO INCH VARIANCE TO BE ONE FOOT 10 INCH FROM THE SIDE SETBACK. THE ISSUANCE OF A BUILDING PERMIT IS PENDING THE OUT CODE OF THE BOARD OF ADJUSTMENT AND SITE PLAN. SUBJECT PROPERTY, UH, SUBJECT PROPERTY ACCESSORY STRUCTURE AND THEN SURROUNDING AREA. STAFF RECOMMENDATION FOR THE FIFTH FENCE HEIGHT, SPECIAL EXCEPTION, UH, FOR BOA 2 24 DASH 0 3 0 4 5 BASED ON THE FOLLOWING FINDINGS OF FACT, UH, REQUEST DENIAL, THE REQUEST WILL BE, WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS ONLY ONE OTHER PROPERTY IN THE IMMEDIATE AREA HAS FENCE EXCEEDING THE REGULATIONS OF THE UNIFIED DEVELOPMENT CODE AND HEIGHT AND PRIVACY. AND TWO, THE REQUEST WILL INJURE THE APPROPRIATE USE OF THE SURROUNDING PROPERTIES. STAFF RECOMMENDATION FOR THE SIDE SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO OA DASH 24 DASH 0 3 0 0 4 5 BASED ON THE FOLLOWING FINDINGS OF FACT, THE ADDITION WILL INJURE NEIGHBORING LOT AS THERE IS NOT ADEQUATE SPACE BETWEEN PROPERTIES AND TWO, THE ADDITION WILL BE TOO CLOSE TO THE SIDE PROPERTY LINE CAUSING POSSIBLE WATER RUNOFF AND ADJACENT NEIGHBORING PROPERTY ON THE ADJACENT NEIGHBORING PROPERTY. STAFF MAILED OUT 24 27 NOTICES ONE IN FAVOR, THREE IN OPPOSITION, TWO IN FAVOR OUTSIDE THE 200 FEET AND NO RESPONSE WAS PROVIDED BY THE CARRINGTON PLACE NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE FOR QUESTIONS. ALRIGHT, LET'S HAVE THE APPLICANT COME FORWARD. I HAVE A GOOD QUESTION. UH, THE NATURE, HOW WAS THIS CASE ORIGINATED? AND IT LOOKS AWFULLY FAMILIAR. YES, THE NEIGHBORING PROPERTY WAS HERE ON MARCH 8TH FOR? YEAH. YEAH. SO THIS IS THE SECOND HALF TO THAT. OKAY. UH, PLEASE STATE YOUR NAME AND TELL US. GOOD AFTERNOON, LADIES AND GENTLEMEN. MY NAME IS NERIDA CHOPPA. THE VARIANCE IS BEING REQUESTED DUE TO CONTINUOUS AND ONGOING CONFLICT WITH PROPERTY OWNERS ON 29 0 7 DEER LEDGE. STREET PROPERTY OWNERS HAVE CAUSED COUNTLESS OF INCIDENTS AND DISTURBANCE TO MYSELF AND TO MY HOME, TO WHICH I HAVE BEEN REPORTED TO SAN ANTONIO POLICE DEPARTMENT AND CITY SAN ANTONIO CO COMPLIANCE, NUMEROUS OF TIMES A NEED WAS FORCING TO INSTALL AND UTILIZE A FENCE TO PROVIDE PRIVACY, SAFETY, AND TO DIMINISH ANY FURTHER CONFLICT. IF I CAN, I WOULD LIKE TO IMPLORE FOR YOU TO GRANT MY VARIANCE. OKAY. UM, IS THERE ANY COMMISSIONER QUESTIONS? YEAH, COMMISSIONER BARRINGTON. UH, GO AHEAD. ALRIGHT. THE, UH, ONE OF THE SLIDES SHOWS THAT THE FRONT FENCE EXTENDS 38 INCHES FROM THE FRONT FACADE OF YOUR HOUSE. FROM THE FRONT. IT'S ABOUT A FOOT AWAY FROM THE CITY PEN INTO MY PROPERTY. YEAH. WELL, MY QUESTION IS, HOW MUCH OF A PROBLEM WOULD IT REALLY BE TO CUT THE FENCE BACK BY 38 INCHES? CUTTING IT BACK IS COSTLY. NO, NO. THE FENCE IS ONE FOOT AWAY FROM THE FRONT PROPERTY LINE. MM-HMM. . OKAY. ANY OTHER COMMISSIONER? [02:05:01] COMMISSIONER CRUZ? DID YOU HAVE A QUESTION? YES, SIR. UM, I KNOW THAT THEY SAID SOMETHING ABOUT THIS CASE WAS BROUGHT UP BECAUSE OF THE NEIGHBOR'S CASE. UH, DOES, DID WE AGREE TO ANYTHING ON THAT OTHER CASE? I DON'T REMEMBER. IT WAS APPROVED. IT WAS APPROVED. THANK YOU. MM-HMM. MANNA. UH, COMMISSIONER MANNA. UM, COULD YOU, UH, REFRESH MY MEMORY WITH REGARDS TO WHAT WAS APPROVED ON THE PRIOR CASE? IT WAS A, IT WAS A METAL FENCE WITH A DECORATIVE, UM, I CAN'T REMEMBER, SOME IRON WORK, SOME STAMPING. SO, UM, IN THAT FENCE, SO, SO TRYING TO UNDERSTAND THE RELATIONSHIP OF THIS FENCE TO THAT, TO THE ONE THAT WAS APPROVED. AND SO, SO IS IT THE SAME LENGTH? BECAUSE THE SCENE I'VE SEEN RECALL THAT WE SHORTENED IT A LITTLE BIT, MAYBE, OR, UH, HAD SET A REQUIREMENT FOR HOW FAR IT COULD BE AWAY FROM THE STREET. DOES THE PROPOSED STAFF, DOES THIS PROPOSED FENCE BEFORE US TODAY, DOES IT EXTEND AS FAR OR GO A LITTLE BEFORE OR BEYOND THE, THE FENCE? WE APPROVE? I'M LOOKING IT UP RIGHT NOW. THANK YOU. COMMISSIONER BARTON? IS THAT WHAT YOU'RE TALKING ABOUT? THE 38 INCHES WHERE IT EXTENDS A LITTLE FURTHER FROM THE MINE EXTENDS TO WHAT THE LATTICE IS. THE METAL LATTICE MINE EXTENDS ABOUT PROBABLY A FOOT PRIOR TO THE CITY PIN BEFORE, SO THAT MINE EXTENDS. SO COMMISSIONER, WHEN YOU HAD MENTIONED 38 INCHES, WERE YOU TALKING ABOUT THE DISTANCE BETWEEN THE TWO FENCE EDGES? I, I'M TALKING ABOUT WHAT I SEE ON THE SLIDE HERE WHERE IT SAYS IT EXTENDS PAST THE FRONT FACADE BY 38 INCHES. OKAY. AND THE PREVIOUS ONE WAS APPROVED, UH, WITH IT'S SAYING NO CLOSER TO ONE FOOT FROM THE FRONT PROPERTY LINE. OKAY. ALRIGHT. UM, DID WE HAVE ANY VOICEMAILS OR ANYONE SIGN UP TO SPEAK HAVE, UH, ONE VOICEMAIL, TWO SPEAKERS? OKAY. SO WHAT WE'RE GONNA DO IS WE'RE GONNA HEAR PUBLIC COMMENTARY, THAT'S FINE. AND THEN WE'LL BRING YOU BACK UP FOR A REBUTTAL OR, OR, UH, CLOSING REMARKS. OKAY. ALRIGHT. ALRIGHT, START WITH THE VOICEMAIL, BER SAVAGE AND I LIVE AT 28 39 0 LEDGE SAN SAN ANTONIO, TEXAS SEVEN EIGHT TWO THREE ZERO. MY TELEPHONE NUMBER IS (806) 290-7579. AND I AM CALLING IN REGARDS OF CASE NUMBER BOA DASH 24 DASH 1 0 3 0 0 0 4 5. UH, SUBJECT IS 29 11 LEDGE DRIVE. AND I AM, UM, I'M NOT FOR THE FENCE AND EVERY, AND ALL THE OTHER STRUCTURES THAT, UM, WILL BE DISCUSSED. UM, UM, YEAH, I DON'T, THE THE, THE FENCE IS ON THEIR NEIGHBOR'S PROPERTY LINE. UM, UM, AND IT'S, IT'S, IT'S A FENCE. AND I'M, I'M AGAINST, UM, UM, ALL THE REQUESTS. THANK YOU. ALL RIGHT. ALL RIGHT. FIRST PERSON SILENCE TO SPEAK IS, UH, MOSES CRUZ. YES. THANK YOU. GOOD AFTERNOON BOARD. HAPPY EARTH DAY. THANK YOU FOR ALLOWING ME TO SPEAK. I'M GONNA REALLY TRY TO MAKE THIS BRIEF. CAN YOU STATE BRIEF FOR THE RECORD? YES. MY NAME IS MOSES CRUZ. OKAY. I RESIDE AT 29 0 7 DEER LEDGE JUST AS TO THE EAST OF THE SUBJECT PROPERTY. IT WAS MY CASE THAT YOU HEARD NOT TOO LONG AGO WITH THE METAL FENCE. AND I DID PRES, I DID PROVIDE A PRESENTATION HERE FOR TODAY. I'M GONNA, I'M GONNA PRESENT MY OPPOSITION TO THIS VARIANCE. IF WE CAN PLEASE GO ON TO THE NEXT SLIDE. PLEASE. CONDITION A, THERE'S A SPECIAL EXEMPTION. WILL IT BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER? MY RESPONSE IS, IT WILL NO POINT. NUMBER ONE, IT PREVENTS A NATURAL FILTRATION OF LIGHT. POINT NUMBER TWO, THERE IS OBSTRUCTION OF CLEAR VISION FOR US EXITING OUR GARAGE AND OUR DRIVEWAY. THERE IS A SAFETY CONCERN AND ONE OF THOSE SAFETY CONCERNS IS WE DON'T HAVE A LOT OF LIGHT AT NIGHT. SO ONE OF THE THINGS THAT THIS FENCE CREATES IS, CREATES ANOTHER DARK SPOT FOR US, ESPECIALLY AS SOME OF THESE [02:10:01] PARENTS ARE, ARE WALKING THEIR YOUNG KIDS UP AND DOWN. WE HAVE HAD, UH, UH, LOOSE DOGS IN THE AREA. SO THIS DOES CREATE A, A SAFETY HAZARD. UH, FINALLY, THE METAL FENCE THAT IS ALREADY THERE PROVIDES THE APPLICANT WITH THE KIND OF BENEFITS THAT THEY'RE SEARCHING FOR AND THAT YOU ALREADY APPROVED THE LAST TIME THAT I WAS HERE. CONDITION B, DOES THE PUBLIC WELFARE CONVENIENCE BE, WILL BE SUBSTANTIALLY SERVED? THE ANSWER IS NO. THE PUBLIC'S WELFARE IS DIMINISHED BY THE CONSTRUCTION OF THE WOOD FENCE DUE TO THE DUE, THE ALLOWANCE OF ANIMALS AND, AND PEOPLE TO BEHIND THE FENCE. AND I'LL SHOW YOU, I'LL SHOW YOU CONDITIONS OF THAT POINT. NUMBER TWO, UH, THE PUBLIX IS DOING CONVENIENCE WITH THE OBSTRUCTION OF THE VISION. AND I MENTIONED EARLIER ABOUT THE, UM, ABOUT THE FILTRATION OF LIGHT. WE CAN GO OVER TO THE NEXT SLIDE, PLEASE. LET'S LOOK. NOW THIS IS ON THE RIGHT IS THE FENCE THAT YOU APPROVED WITHOUT THE WOOD FENCE THAT'S THERE. NOW THE VIEW ON THE LEFT GIVES YOU AN EXAMPLE OF WHAT WE USED TO LOOK AT. NOW THE QUESTION WOULD BECOME, WHY WOULD I BE IN OPPOSITION TO THE WOODEN FENCE? YOU CAN SEE THAT ON THE RIGHT, THE PICTURE ALLOWS LIGHT TRANSMISSION. WE CAN SEE THROUGH IT. THERE IS A CUL-DE-SAC. THERE, THERE IS A CORNER THERE. WE, WE, AS WE'RE COMING OUT OF THE DRIVEWAY AND THE, AND THE, AND THE GARAGE, WE'RE ABLE TO, WITH OUR, WITH OUR OPEN FENCE, WE'RE ABLE TO SEE TRAFFIC COMING TOWARDS US AS WELL AS PEDESTRIANS. NEXT ONE. SO CONDITION C. THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THEIR FENCE IS A MAGNET FOR THEIR ATTENTION. YOU'RE ON THE RIGHT ON THE, THE PICTURE ON THE LEFT. YOU'RE SEEING THEM BLOWING OVER THEIR FENCE ONTO MY YARD JUST FOR THEM TO MAINTAIN THEIR FENCE. UM, ON THE RIGHT, YOU'RE SEEING WHERE THEIR FENCE IS CURRENTLY LOCATED AND I'VE EXCEEDED MY THREE MINUTES, BUT I DO HAVE MY WIFE HERE TO SPEAK AS WELL. SO SHE'S, UH, THE SPEAKER, SECOND SPEAKER SIGNED UP TO SPEAK. IS SEATING YOUR TIME? CAN YOU PUT HER NAME IN THE RECORD PLEASE? OKAY. THANK YOU. MS IS JUDY CRUZ. ARE YOU OKAY? SHE SAID YES. THANK YOU. SO ON THE RIGHT YOU CAN SEE THAT THERE'S A MAINTENANCE ISSUE. BY THEIR ADDITION OF THE FENCE, I NOW, WE NOW HAVE A MAINTENANCE ISSUE BETWEEN THE FENCES. SO IT CREATES A CONFLICT, THEM ALLOWING TO KEEP THEIR FENCE. IT WILL CONTINUE TO HAVE THEM GOING OVER OUR, OVER THE FENCE INTO OUR PROPERTY. NEXT SLIDE PLEASE. AGAIN, THE PICTURE ON THE LEFT OF ZEN VIDEOTAPING ME CLEANING MY PROPERTY. CLEARLY ON MY SIDE, MY FENCE IS ONE FOOT FROM THE PROPERTY LINE. SHE SAID THAT SHE CONSTRUCTED HER FENCE A FOOT OFF THE PROPERTY LINE. THAT IS NOT CORRECT. THEY CONSTRUCTED IT RIGHT ON THE PROPERTY LINE. WHAT YOU'RE LOOKING ON THE RIGHT IS THEIR PICTURE OF THEM LOOKING AT US AND ALSO LOOKING AT THE PIN OF HOW CLOSE THEY CONSTRUCTED THEIR FENCE. SO THIS IS WHAT WE GET TO SEE ALL THE TIME. SO, YOU KNOW THE, THE, THE BENEFIT OF THE FENCE. THEY ALREADY GOT IT FROM THE METAL FENCE. SCROLL DOWN PLEASE. OKAY. THE SPECIAL CONDITION, UH, WOULD NOT ALTER THE ASCENSION CHARACTER. THE, THE ONE ON THE RIGHT IS THE PICTURE WITH THE FILTRATION OF LIGHT COMING THROUGH IT. THE VISION ON THE, OR THE PICTURE ON THE LEFT SHOWS THE OBSTRUCTION THAT WE HAVE. THAT IS FROM MY GARAGE DOOR. THERE IS A CORNER AND A CUL-DE-SAC ON THE OPPOSITE SIDE OF THAT SOLID WOOD FENCE THAT'S THERE. WE CANNOT SEE IT. YOU CAN SEE THAT A PICTURE ON THE RIGHT. WE CAN SEE THE CUL-DE-SAC. WE CAN SEE LIGHTS, WE CAN SEE PEDESTRIANS. NEXT ONE PLEASE. THIS IS ANOTHER VIEW. THE PICTURE ON THE LEFT SHOWS YOU WHERE THE TWO PROPERTIES ARE. IN THE YELLOW IS THE FENCE. ON THE RIGHT YOU SEE TWO PICTURES. THE TOP PICTURE, YOU SEE THE PREVIOUS CONDITION WITHOUT THE WOODEN FENCE. YOU CAN SEE THAT WE HAVE LIGHT TRANSMISSION. WE'RE ABLE TO SEE, WE CAN SEE THE CUL-DE-SAC. WE CAN SEE ANYTHING ON THE OPPOSITE SIDE OF THAT FENCE. HOWEVER, NOW THE CURRENT CONDITION ON THE BOTTOM RIGHT, IT IS COMPLETELY SOLID. WE CAN'T SEE BEYOND IT. AND THAT'S A SAFETY CONCERN FOR US. WE HAVE KIDS AND THERE'S A LOT OF KIDS IN THE NEIGHBORHOOD. NEXT ONE PLEASE. THIS IS A VIEW WALKING UP THE STREET AGAIN ON THE RIGHT SIDE. YOU CAN'T REALLY SEE WHAT'S BE BEHIND, WHAT'S HIDING BEHIND THAT FENCE. GO DOWN PLEASE. NOW IF YOU LOOK PAST THIS PICTURE, YOU CAN SEE THE CLEAR VIEWS THAT WE ALL ENJOY AS WE WALK DOWN THE NEIGHBORHOOD. BUT NOW AS YOU SEE THAT WOOD FENCE, THAT IS THE VIEW THAT WE SEE AND YOU CAN CLEARLY SEE HOW IT COMPLETELY COVERS MY GARAGE. NEXT ONE PLEASE. THIS IS AN EXHIBIT OF MY, OF THE, THE RED SHOWS YOU THE LACK OF VISION THAT WE HAVE FROM OUR GARAGE. [02:15:01] AND YOU CAN SEE THERE'S TWO VEHICLES THERE WE CANNOT SEE EXITING OUR DRIVEWAY, OUR GARAGE WITH THIS CURRENT FENCE. NEXT ONE PLEASE. THAT'S IT. SO BOARD, I ASK THAT YOU PLEASE DENY THIS FENCE, THIS FENCE IT. THERE'S NO NEED FOR THIS FENCE. THERE'S A ECONOMIC OR, OR BENEFIT TO THE NEIGHBORHOOD FOR THIS FENCE. THE METAL FENCE THAT IS THERE NOW AND YOU APPROVED ALREADY GIVES THE, GIVE THE APPLICANT THE BENEFIT THAT THEY'RE SEEKING. I'LL TAKE YOUR QUESTIONS PLEASE. THANK YOU. IF THERE'S ANY QUESTIONS, MANNA, COMMISSIONER MANNA. SO FOR THE, UM, SO, SO THERE'S, I THINK PART OF THE CASE ALSO INCLUDES, UM, THE SHED. IS THAT SHED ALSO ADJACENT OR BUTTS YOUR PROPERTY? NO, SIR. SO IT'S ON THE BACK WALL THEN? YES, SIR. RIGHT. LET'S HAVE THE APPLICANT COME BACK, UH, TO THE PODIUM. ALRIGHT, SO YOU'VE HEARD, UH, CONCERNS FROM THE NEIGHBOR. I HAVE. SO PLEASE, UH, PROVIDE ANY REBUTTAL OR CLOSING. WE'VE HAD NUMEROUS PROBLEMS WITH THESE PEOPLE. NUMEROUS TO THE POINT THAT IT'S ALREADY TO THE POINT THAT THEY'VE CALLED THE POLICE. THEY'VE CALLED. AND, UH, ACCORDING TO THEM, I HAVE A CRIMINAL MISCHIEF, WHICH IS NOT TRUE. THERE'S A REPORT WHERE THE CITY SAYS THAT I DO NOT HAVE A CRIMINAL MISCHIEF. THESE PEOPLE HAVE CAUSED SO MANY PROBLEMS TO MYSELF, NOT JUST TO MYSELF, BUT TO MY JOB. IT'S AFFECTED MY JOB AS WELL. SO THE REASON I PUT UP THAT FENCE IS TO ELIMINATE ANY PROBLEM, ANY FURTHER CONFLICT WITH THESE PEOPLE. NO COMMUNICATION. I DON'T HAVE TO SEE THEM. I DON'T, I KNOW THE SURROUNDINGS AREA. IT'S NOT AFFECTING MY NEIGHBORS. I'VE HAD NEIGHBORS IN THE OTHER SUBDIVISIONS HAVE APPROVED IT. I, I HAVEN'T HAD A PROBLEM WITH THEM. BUT WITH THESE PEOPLE, IT'S CONSTANTLY, IT'S HARASSMENT AND DEFAMATION OF CHARACTER THAT HAS AFFECTED MY JOB. OKAY. MANNA COMMISSIONER, MANNA. SO, SO I BELIEVE, UM, CITY, UH, WE RECEIVED INPUT FROM THE COMMUNITY, UH, WITH REGARDS TO THE POSITIONS AND IT SHOWED SOME OPPOSITION. IS THAT CORRECT? YES. I WAS WONDERING IF YOU REACHED OUT TO THOSE, THOSE THOSE NEIGHBORS THAT SHOWED IN OPPOSITION? OH, NO. NO. OKAY. THANK YOU. MM-HMM, . ALL RIGHT. ANY OTHER QUESTIONS? UH, EZ MR. EZ, SO THAT FITS AS IS ON, ON YOUR SIDE. AND SO IS THAT LITTLE PATCH OF GRASS IN BETWEEN THE TWO, WHO DO YOU GUYS LIKE SQUEEZE IN THERE TO CUT THAT GRASS? NO. OR HOW DOES THAT WORK? I DON'T CUT IT. ACCORDING TO THESE PEOPLE, WHEN THEY GOT THEIR VARIANCE APPROVED, THAT THEY HAD TOLD YOU GUYS THAT THEY WERE GONNA MAINTAIN IT AND KEEP IT CLEAN. IT'S NOT TRUE. THEY DON'T KEEP IT CLEAN. THEY CALLED THE POLICE OFFICER TO SAY THAT THEY WERE GONNA CLEAN IT. AND FOR US NOT TO GO THERE AND NOT TO TRESPASS THEIR PROPERTY, THEY HAVE ALL KINDS OF SIGNS. I SAID, FINE, WE WILL NOT TOUCH IT. AND WE HAVE NOT TOUCHED IT. BUT IT'S TO THE POINT THAT THEY THROW THE TRASH, ALL THE LEAVES AND EVERYTHING TOWARDS THE FENCE, TOWARDS THE FENCE. IT'S THEM DOING IT. NOT, NOT THEIR GARDENERS, NOT ANYBODY ELSE. NOT US. SO I'M NOT TOUCHING IT AND I'M NOT CLEANING IT. SO THAT FENCE, THAT FENCE IS BUILT ON MY PROPERTY. THE POSTS ARE ON MY PROPERTY. THE PICKETS ARE IN MY PROPERTY. THERE'S NO WAY THAT THEY'RE UNDER THEIR PROPERTY AT ALL. RIGHT. OKAY. AND THAT PATCH OF GRASS IS ON YOUR PROPERTY? THE, THE BETWEEN THE TWO FENCES? NO, IT'S ON THEIRS. LIKE ON MINE IS ABOUT THIS MUCH ON MINE, WHICH, THAT'S WHAT I HAVE. I DECIDED TO LOSE THAT AMOUNT TO KEEP MY SANITY AND TO KEEP, UH, AT LEAST SAFE AND DIMINISH ANY KIND OF PROBLEMS IN BETWEEN NEIGHBORS. AND I THINK YOU SAID THERE WAS, UH, POLICE REPORTS MULTIPLE, CORRECT. THOSE MULTIPLE POLICE REPORTS, MULTIPLE, UH, CITY, UH, CO COMPLIANCE REPORTS AS WELL. OKAY. AND ALL THIS HAS AFFECTED MY JOB. OKAY. OKAY. STEVENS, UH, COMMISSIONER STEVENS, COULD, COULD CITY STAFF JUST CONFIRM THAT THE WOOD FENCE IS SOLELY, OR IS IT ON THE PROPERTY LINE, OR IS IT, IT'S IN, SO WE CAN'T CONFIRM WHETHER IT'S THE PROPERTY LINE IN, WE CAN'T CONFIRM. UM, OBVIOUSLY THE SURVEYOR WOULD HAVE TO DO THAT. UM, WELL, WE, WE, WE CAN ONLY CONFIRM WHAT WAS APPROVED BY THE BO OA AND IF THERE'S AN ISSUE, OBVIOUSLY THE SURVEYOR WOULD, UM, CONFIRM THAT. ALRIGHT. AND A QUICK QUESTION IS, IS THERE ANY CLEAR VISION ISSUES WITH THIS? THERE'S NO CLEAR VISION ISSUE BECAUSE THE, UH, NEIGHBORING PROPERTY HAS THAT KIND OF INDENT OF, UH, NOT REALLY GRASP, BUT ROCKS. YOU SEE THAT PICTURE TO THE BOTTOM. SO THAT'S WHY THE FENCE IS NOT WITHIN 15 FEET, OBVIOUSLY. UM, THE, I THINK THE PROPERTY OWNER SAID THAT HE HAD A CLEAR VISION, WHICH YEAH, HE DOES, BUT NOT ACCORDING TO THE CITY'S, UH, CODE. OKAY. HE HAS A CLEAR VISION, BUT THEN AGAIN, HE HAS MULTIPLE OF LIGHTS [02:20:01] ALL AROUND THE HOUSE. COMMISSIONER, ZUNA, UH, REGARDING THE FENCE, DID YOU HAVE IT BUILT OR DID Y'ALL BUILD IT YOURSELF? I HAD IT BUILT. NOW DID THE BUILDER INFORM YOU ABOUT THE NECESSITY TO HAVE A BUILDING PERMIT FOR THE FENCE? I CALLED THE PERMIT DEPARTMENT AND THEY SAID, SINCE YOU'RE BUILT, YOU ARE BUILDING A FENCE AGAINST THE FENCE. YOU DON'T NEED A PERMIT. SO THAT'S WHAT I DID. OKAY. STEP AND YOU, AND THAT WAS A CITY EMPLOYEE THAT TOLD YOU THAT? YES. OKAY. CALLED COMPLIANCE. OKAY. UM, YEAH, THAT'S, THAT'S, I, NO, I KNOW. SO ANY OTHER QUESTIONS? CRUZ, COMMISSIONER CRUZ? UM, I'M LOOKING AT ALL THE PICTURES, MA'AM, AND I'M NOT SURE IF THE OTHER GENTLEMAN HAD ADDRESSED IT, BUT I DON'T SEE ANY SIDEWALKS. SO EVERYBODY THAT'S WALKING AROUND IS ON THE STREET. EXACTLY. OKAY. THANK YOU. EXACTLY. WHEN, UM, I CALLED THE POLICE ON THESE PEOPLE BECAUSE THEY TRIED TO RUN US OVER, NOT ONCE, THREE TIMES THE GENTLEMAN, WELL, LET'S, LET'S KEEP THIS TOPIC TO THE FENCE. EXACTLY. I UNDERSTAND. SO, UM, SO JUST TO ELIMINATE PROBLEMS, TO ELIMINATE DIMINISH ANY FURTHER CONFLICT, THAT'S WHY I DECIDED TO PUT THE, UH, FENCE. OKAY. JUST TO, UH, JUST TO CLARIFY, UM, IT DOES SEEM THE, THE PROPERTY LINE STARTS ABOUT FIVE FEET, WHERE FROM THE STREET END. SO IF YOU WERE TO APPROVE THIS, ONCE SHE GETS HER PERMIT, IT LOOKS LIKE SHE WOULD HAVE TO TAKE OUT AT LEAST ABOUT FOUR OR FIVE FEET TO HER ACTUAL PROPERTY LINE. OKAY. WELL, UH, IF THERE'S NOTHING ELSE, I'M LOOKING FOR A MOTION, WELL GOING ONCE, GOING TWICE, UM, CASE DIES TO LACK OF MOTION. SO WHAT HAPPENED IS NOBODY WAS WILLING TO MAKE A MOTION FOR THIS. SO IT'S, IT'S NOT GONNA BE APPROVED. SO YOU GUYS ARE DENYING IT. UH, IT IS CONSIDERED DENYING. SO WHAT'S THE NEXT OPTION? UH, YOU CAN GET WITH STAFF. THEY'LL EXPLAIN TO YOU, UH, WHAT YOU CAN DO. OKAY, THANK YOU. ITEM NUMBER SEVEN. OH, I APOLOGIZE. THERE WAS, UH, BEFORE WE MOVE FORWARD, THERE WAS AN ISSUE WITH THE ACCESSORY STRUCTURE, WHICH WE DIDN'T SEEM TO TALK ABOUT AT ALL. UM, STAFF, IS THERE ANYTHING YOU'D LIKE, CAN YOU GET THE APPLICANT BACK IN HERE? UH, IS THERE ANYTHING THAT YOU NEED TO PRESENT ON THE ACCESSORY STRUCTURE? I HAVE TO APOLOGIZE. WE, WE HEARD EVERYTHING ABOUT THE FENCE , RIGHT? I THINK WE JUST POINTED IT OUT AND, AND MELISSA'S GETTING HER BACK IN. YOU KNOW HOW WE DO THE, WHEN WE GO OUT AND LOOK AT THE PROPERTIES, WE TRY TO COVER ALL OF THE THINGS THAT NEED A VARIANCE. YEAH. THERE WAS A SECOND ITEM THAT BAY, REGARDING THE ACCESSORY STRUCTURE. YES. THE STRUCTURE IN THE BACK. AND, UM, WE DIDN'T REALLY TALK MUCH ABOUT THAT, BUT I JUST WANTED TO, JUST TO ENSURE, UH, THAT WHAT'S GOING ON WITH THAT. SO YOU HAVE A, WHAT IS IT, A SHED OR SOMETHING IN THE BACK? IT'S A TOOL SHED, WHICH I INHERITED. IT WAS THERE WHEN I BOUGHT THE HOUSE. I BOUGHT THIS HOUSE ABOUT 20 YEARS AGO. OKAY. 20 YEARS AGO. AND NEVER IN THESE 20 YEARS, I'VE NEVER HAD A PROBLEM WITH THE NEIGHBOR UNTIL THESE PEOPLE MOVED IN. IT'S TO THE POINT THAT IT'S BEING, BUT THE, WE STICK TO THE STORAGE SHED. YOUR STORAGE SHED IS, IS, UH, UM, ONE FOOT 10 INCHES FROM THE SIDE SETBACK. IT'S OKAY. ON THE REAR, IT IS JUST ONE FOOT 10 FROM THE SIDE. THAT'S CORRECT. THAT'S CORRECT. AND YOU, AND, AND YOU'RE SAYING THAT SHED WAS THERE WHEN YOU PURCHASED THE HOME. CORRECT? THERE'S TWO TOOL SHEDS. OKAY. UM, IS THERE ANY COMMISSIONER QUESTIONS REGARDING THE ACCESSORY STRUCTURE? I'M READY TO MAKE A MOTION. I'LL BE, I'LL MAKE A MOTION. ALL RIGHT. COMMISSIONER ZUNI, REGARDING CASE NUMBER BO EIGHT DASH 24 DASH 0 3 5, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR THREE FOOT TWO INCH VARIANCE FOR THE MINIMUM FIVE FOOT SIDE SETBACK FOR AN ACCESSORY STRUCTURE TO BE ONE FOOT 10 INCHES FROM THE SIDE SETBACK, SITUATED AT 29 11. DEAR ALLEGED, DRIVE, APPLICANT BEING MARITA CHOPPA BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINE SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT LITTLE ENFORCEMENT OF PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRACTED TO PUBLIC INTEREST. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY THE RESTRICTED SETBACKS TO PROVIDE AMPLE SPACING BETWEEN PROPERTY LINE AND STRUCTURES. STEPH FINDS, UH, THE VARIANCE IS SUITABLE AS IT DOES NOT IMPOSE ON THE PUBLIC INTEREST OF THE NEIGHBOR. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AND LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS IT WOULD RESULT IN THE APPLICANT HAVING TO MOVE A STRUCTURE THAT IS EXISTED PRIOR TO OWNERSHIP TO MEET THE SETBACK. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED. THE SUBSTANTIAL JUSTICE WILL BE DONE. THE VARIANCE WILL OBSERVE THE SPIRIT OF THE ORDINANCE BECAUSE IT WOULD PROVIDE [02:25:01] ADEQUATE DISTANCE FROM THE SITE PROPERTY LINE AND IS, UH, ABIDING BY ALL OTHER BUILDING REQUIREMENTS. OR THE VARIANCE WILL NOT AUTHORIZE THE, UH, OPERATION OF USE. OTHER, THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED. NO USES OF 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 RELATIVE TO THE ESSENTIAL CHARACT OF THE DISTRICT. ONCE THE PROPERTY IS LOCATED, VARIANCE DISTANCE PROVIDES, UH, ADEQUATE SPACING, WHICH IS NOT LIKELY TO INJURE ADJACENT CONFORMING PROPERTY. AND THE ESSENTIAL CHARACTER OF THE DISTRICT AS THE OTHER SIMILAR PLACE ACCESSORY STRUCTURES WERE SEEN IN IMMEDIATE AREA AND SIX, APPLIED TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE I SAW IS DUE TO THE, THESE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE THESE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT FINANCIAL, NOT DUE TO OF THE RESULT OF GENERAL CONDITIONS. AND THE DISTRICT IN WHICH THE PROPERTY IS LOCATED, STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH VARIANCE IS SOUGHT, IS DUE TO THE ANY CIRCUMSTANCES EXISTING ON THE PROPERTY, WHICH IS LIMIT, WHICH IS LIMITED SPACING IN THE REAR YARD. THE CIRCUMSTANCES APPEAR TO BE THE RESULT OF GENERAL CONDITION TO THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. END OF MOTION. SECOND. SECOND. BY COMMISSIONER MANNA. COMMISSIONER ZUNA. YES. SO I'LL SUPPORT, UH, THIS, UH, VARIANCE, UH, REQUEST. UH, I, I, I BELIEVE, UH, YOU KNOW, THE STRUCTURE HAS BEEN THERE O OVER, YOU KNOW, EASILY OVER 10 YEARS PRIOR TO THE EXISTING, UM, OWNER OF THE PROPERTY. AND IT JUST BECAME, UH, IN LIGHT BECAUSE OF THE FENCE ISSUE. SO I, I THINK TO ME IT'S THE RIGHT THING TO DO. JUST PROVIDE THE VARIANCE FOR THIS, THIS SENSORY STRUCTURE OF THE BACK. COMMISSIONER. MANON, UM, I CONCUR WITH MY COLLEAGUE, UM, ALSO, UH, NOTING THAT THERE WAS NOT AN ISSUE WITH THE BACKSIDE, UM, YOU KNOW, WITH REGARDS TO RUN WATER RUNOFF. AND, AND IT DOES APPEAR THAT THE SLOPE OF THE ROOF IS SUCH THAT IT'S BASICALLY IN THEIR YARD. SO I'LL BE VOTING IN FAVOR. ALRIGHT. I THINK WE'D LIMIT IT TO THE EXISTING LOCATION, RIGHT? LIKE THE EXISTING BUILDING AND LOCATION. SO YOU CAN'T EXPAND IT OR MOVE IT OR, YEAH. SO JUST TO BE CLEAR, THE MOTION, UH, UH, THE, THE MAKER OF THE MOTION, UH, INTENDED IT TO APPLY TO THE EXISTING LOCATION OF THE SHED EXCEPT THAT FRIENDLY AMENDMENT, EXCEPT BY COMMISSIONER. MAN, I, I LIKE TO POINT OUT THAT BCA RECORDS SHOWED THAT THE SHED WAS, UH, ON THEIR BOOKS IN 1984. SO IT'S BEEN THERE QUITE A WHILE. MM-HMM? IT HAS CHAIR. MAY I A CLARIFICATION HONOR IS ON WHAT SIDE IS THIS FENCE? IS IT ON THE OPPOSITE, ON THE, THE OPPOSITE SIDE OF THE FENCE. THE, IT'S ON THE OPPOSITE AGAINST THE NEIGHBOR'S YARD. YES, IT'S THE OPPOSITE SIDE. YES. OKAY. IT'S ON THE OPPOSITE SIDE. ALRIGHT, SO MY QUESTION TO YOU BEFORE THAT, WELL WE'RE, IF THE VARIANCE IS BEING APPROVED FOR THE TOOL SHED, WELL, HOLD ON. WE'RE WE'RE, GO AHEAD. WE'RE JUST TALKING ABOUT THE SHED. WE DON'T KNOW IF IT'S APPROVED YET, BUT LET'S HAVE A ROLL CALL VOTE. WE'RE GONNA FIND OUT. COMMISSIONER OONA? YES, I CONCUR. COMMISSIONER BANA? I CONCUR. OH, COMMISSIONER BURTON. YES, I CONCUR. COMMISSIONER STEVENS. I CONCUR. COMMISSIONER IBANEZ. I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ. I CONCUR. COMMISSIONER BON, I CONCUR. COMMISSIONER AVILES THUMBS UP OR THUMBS DOWN? MS. THUMBS DOWN. OH, SHE OPPOSES. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I CAN COVER THE FINDINGS OF FACT. MOTION PASSES, UH, 10 TO ONE. UH, SO WHAT THAT MEANS IS YOU GOT, UH, WHEN YOU HAVE A FENCE VARIANCE ON HEIGHT, IT HAS TO BE READ AS A SPECIAL EXCEPTION, NOT AS A VARIANT. SO IT COULDN'T BE INCLUDED IN THAT MOTION IF THAT'S WHERE YOU WERE ASKING. SO YOUR MOTION FOR THE, FOR THE ACCESSORY STRUCTURE WAS APPROVED? MM-HMM. , UH, THE, UH, THE FENCE WAS NOT APPROVED DUE TO LACK OF MOTION. SO STAFF CAN EXPLAIN. THAT'S ON THE, ON THE, UH, LEFT SIDE, RIGHT? WITH THE NEIGHBORS ON 29 0 7. THE FENCE, THE WOOD FENCE NEW YEAR STREET WAS NOT APPROVED. OKAY. UH, STAFF CAN TALK TO YOU, UH, BECAUSE I HAD, I I ALSO WANTED A ONE, UH, THE PART FOR THE FIVE FEET ON THE LEFT SIDE. YEAH. STAFF CAN EXPLAIN WHAT, WHAT, ALL. ALRIGHT, THANK YOU. ITEM SEVEN, ITEM NUMBER SEVEN, BO O EIGHT DASH 24 DASH 1 0 3 0 0 4 6. ADDRESS, 4 1 1 SANDMEYER STREET COUNCIL. DISTRICT TWO APPLICANT MESSIAHS MONTEJANO REQUEST A REQUEST FOR A FIVE FOOT VARIANCE FROM THE MINIMUM 20 FEET REAR SETBACK TO ALLOW A 15 FEET REAR SETBACK FOR EXISTING STRUCTURE. ZONING IS R SIX. THE SUBJECT PROPERTY IS LOCATED ALONG SAN MAYER STREET NORTH OF I 35 AND EAST OF NORTH NEW BRAUNFELS AVENUE WITHIN THE GOVERNMENT HILL ALLIANCE NEIGHBORHOOD ASSOCIATION. THE APPLICANT RECEIVED A BUILD PERMIT IN DECEMBER, 2023 THROUGH A SITE PLAN INDICATING THAT THE NEW ADDITION TO THE HOME WAS TO BE CONSTRUCTED ABIDING BY THE REAR PROPERTY SETBACK. BUILDINGS MUST BE SET BACK 20 FEET FROM THE REAR PROPERTY LINE IN THE ZONING DISTRICT. THE PROPERTY IS LOCATED WITHIN THE ADDITION TO THE HOME AS BUILT. ENCROACHED FIVE FEET INTO THE REAR PROPERTY SETBACK AT 15 FEET FROM THE REAR PROPERTY LINE. APPLICANT INDICATED THE ADDITION WAS FOR AN EXTRA BA BATHROOM [02:30:04] SITE PLAN, SUBJECT PROPERTY. MM-HMM. SURROUNDING AREA. STAFF RECOMMENDATION FOR THE REAR SETBACK VARIANCE STAFF RECOMMENDS APPROVAL IN BO OA 24 1 0 3 0 0 0 4 6 BASED ON THE FOLLOWING FINDINGS. OF FACT, THE STRUCTURE IS GOING TO BE ABIDING BY THE SIDE SETBACK. AND THE ADDITION ISING IS ABUTTING THE PORTION OF THE BACKYARD WITH NO STRUCTURE LOCATED ON IT. WE MAILED OUT 39 NOTICES, ONE IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM THE GOVERNMENT HILLS ALLIANCE NEIGHBORHOOD ASSOCIATION. AND THIS WAS A PUBLIC COMMENT, NOT, UM, IN THE FOR OR AGAINST, BUT THEY HAD CONCERNS. THIS IS FOR THE PROPERTY ON THEIR REAR AND THE ONE IN FAVOR. AND THIS CONCLUDES STAFF PRESENTATION. ALRIGHT, LET'S HAVE THE APPLICANT COME FORWARD. ALRIGHT. PLEASE TELL US YOUR NAME AND TELL US ABOUT YOUR, YOUR, UH, PROJECT. AND I JUST WANTED TO ADD, UM, IF YOU KNOW THE DIMENSIONS OF, OF WHAT THIS ADDITION IS, PLEASE MAKE THAT PART OF YOUR PRESENTATION. YEAH, MY NAME IS MONTERO. I'M THE OWNER OF THE PROPERTY. UM, IT WAS A BUILDING ON THE BACK ALREADY SINCE IT WAS NO SETBACKS IN THE PAST. THAT'S WHY WE BUILT, WELL THAT'S WHY WE BUILT, UH, THE, THE BATHROOM. AND THE BATHROOM IS 10 FEET LONG, UH, AND SEVEN FEET WIDE. UH, SO THE BACK 10 FEET AND, UH, SEVEN FEET WIDE. OKAY. SO THAT'S, THAT'S, THAT'S PRETTY MUCH IT. ALRIGHT, WELL, STAFF, IS THERE ANY, UH, PUBLIC COMMENTARY, VOICEMAILS? NO PUB, NO PUBLIC COMMENT. ALRIGHT. SO, UM, THEY ASKED ME TO TALK TO MY NEIGHBORS IF THEY AGREE WITH IT OR NOT. MM-HMM. . SO I HAVE SOME, UH, FEEDBACKS FROM THEM. SURE. IF YOU HAVE ANYTHING WHERE THEY CAN DISPLAY ON THE SCREEN. WELL, I GOT ON, ON WRITING. OH, THEY, THEY, IT WAS, I WENT TO THEM AND THEY SIGN IT. I DON'T KNOW. WELL, IF THEY SIGN SOMETHING THEY CAN PROJECT IT. THEY CAN JUST, YEAH. MM-HMM, JUST THAT ONE PAGE AND THE THE NEXT ONE THERE'S FIVE PEOPLE AND THE NEXT PAGE AS WELL. AND SO JUST, JUST SO EVERYONE KNOWS THAT HE, IT'S SEVEN FOOT WIDE, UH, INTO THE FIVE FEET INTO THE REAR SETBACK. SO WHOEVER MAKES A MOTION JUST, JUST FOR THEIR KNOWLEDGE. CRUZ, I JUST GOT ONE QUESTION. MR. CRUZ. UH, SIR, YOU'RE SAYING THE BATHROOM IS A NEW ADDITION OR YOU HAD SOMETHING THERE BEFORE AND YOU JUST RENOVATED IT? NO, IT IS A NEW ADDITION. WE TAKE HIM DOWN, WHATEVER IT WAS IN THE BACK. SO IT WAS NOT REALLY NOTHING. IT WAS LIKE THIS MUCH SETBACK ON THE EX OLD BUILDING. SO WE TAKE THAT DOWN SO WE CAN HAVE AT LEASE GRASS ON THE BACK. OKAY. OKAY. SO THAT'S WHY IT WAS MY CONFUSION. I MIGHT, THAT WAS MY MISTAKE. THAT BRING UP THE THANK YOU. THE PICTURE THAT THAT SHOWS, UH, THE REAR OF THE PROPERTY, THERE'S A PIECE OF CONCRETE. IS THAT THE OLD FOUNDATION? YES. FOR WHAT YOU, OKAY. SO THERE USED, THE APPLICANT IS SAYING THERE USED TO BE A STRUCTURE WHERE THAT CONCRETE FOUNDATION IS SHOWN IN, IN THE STAFF, UH, PHOTOGRAPHS. UM, AND AND YOU'RE MAKING IT MUCH LESS. YES. OKAY. ACTUALLY THE GARAGE IS ALL THE WAY TO THE BACK AND YOU IF YOU SEE ON THAT PICTURE AS WELL, WHICH IS FOLLOWED THE, THE LINE, THE SAME LINE THAT THE BUILDING ALREADY WAS. IT ALREADY HAVE RIGHT ON THE OTHER SIDE. YEAH. THIS PICTURE RIGHT HERE. SO THIS, THIS, IF YOU CAN SEE WHAT THEY'RE PROJECTING. SO THAT CONCRETE USED TO, USED TO BE A STRUCTURE THAT WAS DEMOED AND NOW YOU'RE MM-HMM. REPLACING IT WITH A MUCH SMALLER RESTROOM MANANA. YES. COMMISSIONER MAY. SO, SO, SO ON THE NOTE THAT WAS PROVIDED BY THE NEIGHBOR, YEAH. I GUESS THERE'S SOME DIALOGUE GOING ON WITH REGARDS TO THE, SOME CLEANUP AND DAMAGE THAT WAS DONE ON, [02:35:01] ON THAT, UH, NEIGHBORING FENCE OR, OR WITH YOUR NEIGHBOR? THERE ARE, ARE YOU AWARE OF THAT DIALOGUE? UM, NO, NOT THAT I KNOW. NOT NOT, I DON'T THINK WE DID ANY DAMAGE ON THEIR FENCES OR I GUESS IN THE BACK BECAUSE THE TREE IS THERE, THAT'S THE ONE IS DAMAGED, BUT WE DIDN'T DO ANY DAMAGES ON THEIR FENCES. SO I GUESS SO I GUESS IT WOULD BEHOOVE YOU TO, I GUESS, MAYBE GET THE FEEDBACK FROM THAT NEIGHBOR BECAUSE MM-HMM. THEY DID HAVE SOME FEEDBACK WITH REGARDS TO, UM, THE OVERALL, I GUESS, UM, BUILD OUT AND SO MM-HMM. . SO MAYBE THE STAFF CAN SHARE THAT FEEDBACK WITH YOU? SURE. YEP. ALL RIGHT. SO IF THERE'S NOTHING ELSE, I'M LOOKING FOR A MOTION BRAGMAN COMMISSIONER BREGMAN, REGARDING CASE NUMBER BO A DASH 24 DASH 0 3 0 0 0 4 6. MOVE TO THE BOARD OF ADJUSTMENT GRANTOR REQUEST FOR A FIVE FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW AN ADDITION TO BE 15 FEET FROM THE REAR SETBACK SITUATED AT 4 1 1 SANDMEYER STREET. APPLICANT BEING, UH, MACIAS . YES, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED, SO THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY RESTRICTED SETBACKS TO PROVIDE SUITABLE SPACING BETWEEN STRUCTURES. STAFF FINDS THAT, THAT THIS IS AN ALLOWABLE AMOUNT OF SPACING AS THE STRUCTURE WILL PROVIDE A SUITABLE DISTANCE FROM THE NEIGHBORING PROPERTIES. ADDITIONALLY, THE ADDITION IS ABUTTING THE PORTION OF THE BACKYARD WITH NO STRUCTURE LOCATED ON IT. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN APPLICANT ALTERING THE BUILT STRUCTURE TO ADHERE TO THE REAR SETBACK REQUIREMENT. THIS WOULD RESULT IN AN UNNECESSARY HARDSHIP AS THIS WOULD NOT ALLOW FOR A SIZABLE SINGLE FAMILY HOME WITH ADEQUATE, ADEQUATE BATHROOMS. THREE, BY GRANTING THE VARIANCE OF THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. IN THIS CASE, THE PROPOSED TO SETBACK WILL ADHERE TO THE SPIRIT OF THE ORDINANCE, AND SUBSTANTIAL JUSTICE WILL BE DONE BY ALLOWING FOR SUITABLE DISTANCES BETWEEN STRUCTURES AND NEIGHBORING PROPERTIES. ADDITIONALLY, THE TRUCTURE WILL ABIDE BY THE FRONT AND SIDE SETBACK REQUIREMENTS. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION AND 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 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. A 15 FOOT REAR SETBACK FOR THE STRUCTURE DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, NOR WILL INJURE ADJACENT PROPERTY SIX PLIGHT TO THE OWNER OF THE PROPERTY, WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR PERSEVERANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL. END OF MOTION. SECOND, SECOND. SECOND BY COMMISSIONER CRUZ. COMMISSIONER BRAGEN. UM, I'LL BE IN SUPPORT OF THE MOTION. UH, THE FACT THAT HE'S ACTUALLY REDUCED THE AMOUNT OF, UM, MINIMIZED REAR SETBACK BY BRINGING THE, UH, NEW STRUCTURE FURTHER IN THE PROPERTY LINE. UM, I'LL BE IN SUPPORT. COMMISSIONER CRUZ? YES, I CONCUR. MS. BRAGMAN. I DON'T SEE A PROBLEM WITH IT. THANK YOU. ALL RIGHT. ANYONE ELSE LIKE TO ADD? HEARING NONE. HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER BRAGMAN. I CONCUR THE FINDINGS OF FACTS. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER TON? I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER EZ? I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER EZ. I CONCUR. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER AVILES. THUMBS UP. THUMBS UP. COMMISSIONER AVILES. COMMISSIONER UNA? YES, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. THANK YOU. YOU'RE WELCOME. DO YOU HAVE ANY QUESTIONS? UH, YOU CAN GET WITH STAFF? THANK YOU. ALL RIGHT, ITEM NUMBER EIGHT. ITEM NUMBER EIGHT, BO OA 24 1 0 3 0 0 0 48. ADDRESS, [02:40:01] 3 2 8 MADISON STREET COUNCIL DISTRICT ONE APPLICANT RAMON TORRES REQUEST A REQUEST FOR A THREE FEET VARIANCE FROM THE MINIMUM FIVE FEET REAR SETBACK TO ALLOW A TWO FEET REAR SETBACK FOR AN ACCESSORY STRUCTURE. ZONING IS RM FOUR. THE SUBJECT PROPERTY IS LOCATED ALONG MADISON STREET, WEST OF SOUTH ST. MARY'S STREET WITHIN THE KING WILLIAMS NEIGHBORHOOD ASSOCIATION. THE APPLICANT IS REMODELING AN EXISTING ACCESSORY DWELLING UNIT AND IS MAINTAINING THE PRIOR BUILDING FOOTPRINT AND DIMENSIONS. THE ACCESSORY DWELLING UNITS, UH, IS AT THREE FEET FROM THE PROPERTY LINE, CANNOT HAVE OVERHANG OR PROTRUSIONS. THE STRUCTURE WALL IS THREE FEET FROM THE REAR PROPERTY LINE WITH OVERHANG ENCROACHING ONE FOOT, CAUSING THE STRUCTURE TO BE TWO FEET FROM THE REAR SETBACK. THE PROPERTY IS LOCATED WITHIN THE KING WILLIAMS HISTORIC DISTRICT. ANY EXTERIOR MODIFICATIONS OR NEW CONSTRUCTION WILL REQUIRE APPROVAL FROM THE OFFICE OF HISTORIC PRESERVATION. APPROVAL OF A SITE PLAN OR MATERIAL SUBMITTED AS PART OF A VARIANCE APPLICATION DOES NOT SUPERSEDE ANY REQUIREMENTS FOR DESIGN REVIEW OUTLINED IN ARTICLE SIX OF THE UNIFIED DEVELOPMENT CODE ON OCTOBER 4TH, 2023, THE HISTORIC AND DESIGN REVIEW COMMISSION APPROVED THE REQUEST TO REMOVE THE CMU PORTION OF THE REAR ACCESSORY AND CONSTRUCT A PERGOLA AND ROOF DECK OVER THE PROPOSED HOT TUB SITE PLAN. SUBJECT PROPERTY AND SURROUNDING AREA STAFF RECOMMENDS, UH, FOR THE REAR SETBACK VARIANCE, STAFF RECOMMENDS APPROVAL AND BO OA 24 1 0 3 0 0 0 4 8 BASED ON THE FOLLOW FINDINGS OF FACT, THE APPLICANT MAINTAINED THE ORIGINAL BUILDING DIMENSIONS OF THE ACCESSORY DWELLING UNIT, THE STRUCTURES ON THE LOT WILL BE ABIDING BY ALL OF THEIR SETBACKS AND THE VARIANCES NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. WE MAILED OUT 84 NOTICES IN FAVOR, ZERO AND OPPOSITION ZERO. NO RESPONSE FROM THE KING WILLIAM NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF PRESENTATION. THANK YOU. THANK YOU. HAS THE APPLICANT COME FORWARD? HELLO? STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. YES. UH, GOOD AFTERNOON. IT'S, UH, RAMON TORRES AND I'M HERE ON BEHALF OF THE OWNER. UM, THERE WAS AN EXISTING, UM, I WOULD CALL IT, UM, UH, IN ADDITION TO THIS, UH, CMU, I MEAN, I'M SORRY TO THIS A DU HERE. UM, WHEN WE WERE IN THE PROCESS OF LIFTING UP THE BUILDING AND TRYING TO REHAB IT, THE BACK PART JUST LITERALLY JUST FELL DOWN. UM, SO WE ARE, YOU KNOW, REBUILDING IT TO EXACTLY THE SAME FOOTPRINT, BUT RIGHT NOW WE'RE ASKING FOR THAT F CLEARANCE ON THE, UH, ON THE OVERHANG. OKAY. AND SO YOU'RE, SO THIS IS FOR, UH, A PORTION OF A REAR, UH, IT'S A LOWER GARAGE WITH AN APARTMENT ON THE SECOND FLOOR? YES, SIR. OKAY. AND THEN IT, SO THE STRUCTURE, THE FACE OF THE WALL IS THREE FEET OFF THE REAR LINE WITH THE ROOF EXTENDING ONE FOOT OUT? YES, SIR. IS THERE GUTTERS ON THE, ON THE ROOF? UH, WE WILL BE PUTTING GUTTERS. THERE'S NOT RIGHT NOW, BUT WE WILL WELL, YOU'RE AT THE PODIUM. YOU'RE ALLOWED TO AMEND YOUR APPLICATION TO, TO INCLUDE GUTTERS IF YOU SO WISH THAT SOMETIMES, UH, UH, DOES WELL, UH, WITH, WITH, UH, THIS WELL, UH, THE HISTORIC, THE WAY THEY ASKED US TO DO A HIP ROOF. SO WE'RE TRYING TO SEE HOW THAT'S GONNA FIT IN. UH, THE ORIGINAL PLANT HAD JUST FOR A SINGLE GABLE, SO RIGHT NOW WE, WE DON'T KNOW EXACTLY, SO IF WE'RE GONNA ADD GUTTERS, OKAY. BUT, ALRIGHT, WE'LL SEE IF THERE'S ANY QUESTIONS, UH, YOU KNOW, REGARDING DRAINAGE. UH, YES SIR. COMMISSION. AND, UH, BUT YOU HAVE NOT GONE, YOU HAVE NOT GONE TO THE HISTORIC DESIGN REVIEW COMMISSION AT THIS TIME? YES, WE'VE GOTTEN APPROVAL FROM THAT. YOU HAVE? YES, SIR. AND YOU'VE GOTTEN, UH, INITIAL APPROVAL OR FINAL APPROVAL? FINAL APPROVAL. OKAY. UH, ANY COMMER QUESTIONS? MANNA, MR. MAN. SO I GOT A LITTLE CONFUSED ON THE GUTTERS. I LIKE GUTTERS. I'M MR. GUTTERS HERE. YES. AND SO, UM, SO, SO, SO, UM, YOU MAYBE A COMMITMENT THAT IF IT IS NOT A CONTRARY TO THE INPUT FROM, UM, UH, FROM THE DESIGN COMMITTEE MM-HMM. , SO, SO THAT YOU WOULD HAVE THE GUTTERS. SO IN OTHER WORDS YEAH, I'M LOOKING FOR ASSURANCE THAT UNLESS SOMEONE TELLS YOU NO, YOU CAN'T DO IT BECAUSE HISTORICAL REASONS THAT YOU'RE GONNA PUT GUTTERS THERE. DOES THAT MAKE SENSE? THAT'S CORRECT. OKAY. SO YEAH, CAN YOU, CAN YOU, UM, YOU HAVE AN OPPORTUNITY IF YOU WANT TO AMEND YOUR APPLICATION TO INCLUDE, TO INCLUDE GUTTERS IF IT'S WITH, IF IT'S NOT IN CONFLICT WITH THE HISTORIC CODE, UM, IT'S UP TO YOU. AS OF RIGHT NOW, WE DON'T YEAH. UM, UNLESS WE HAVE TO PUT GUTTERS, YOU KNOW, UM, BECAUSE OF THE, THE HIP, THE WAY THE, THE WAY THE BUILDING IS, THERE'S A WALL THERE. [02:45:01] SO ONCE WE GET UP THERE AND START FREIGHT, WE DON'T KNOW YET. WE DIDN'T TELL THE HISTORIC ANYTHING. THE FRONT SIDE, THEY APPROVED FOR GUTTERS, BUT NOT THE BAG. THEY, THEY DIDN'T REQUIRE FOR US TO. OKAY. UM, ALRIGHT, SO, SO I GET, SO THE FRONT SIDE BASICALLY IMPACTS THE CURRENT OWNER OR THE, THE FRONT PART OF THE PROPERTY WHERE THE BACK HIP WOULD BE IMPACTING THE NEIGHBOR. CORRECT? CORRECT. SO OUR CON THE THE CONCERN, UH, THAT HISTORICALLY COMES FROM THIS BOARD IS WHEN YOU HAVE A STRUCTURE, UH, WITH A ROOF OVERHANG REALLY CLOSE TO YOUR NEIGHBOR'S PROPERTY. MM-HMM. UH, IF, IF YOUR APPLICATION WERE TO INCLUDE GUTTERS, IT MIGHT MAKE, UH, MEMBERS OF THE COMMISSION FEEL BETTER ABOUT APPROVING, UH, YOU KNOW, SOMETHING THAT CLOSE TO THE PROPERTY LINE. OKAY. YOU KNOW, WE CAN'T SET CONDITIONS. UM, IT'S CERTAINLY YOU DON'T HAVE TO INCLUDE GUTTERS IN YOUR APPLICATION, BUT YOU HAVEN'T, I'M JUST SAYING IF YOU WOULD LIKE TO TAKE THIS OPPORTUNITY TO INCLUDE GUTTERS ON THE REAR, UM, YOU KNOW, IF, AND, AND HOWEVER YOU WOULD LIKE TO WORD THAT. UH, IT WOULD, IT MAY OR MAY NOT HAVE WEIGHT WITH THIS COMMISSION. THERE, THERE'S A POOL RIGHT ON THE OTHER SIDE OF IT AND YOU KNOW, THERE'S A BIG BRICK WALL. SO, YOU KNOW, WATER APP PENETRATION I DON'T THINK WILL BE AN ISSUE THERE. IF WATER FALLS ON THE BACK OF THAT BUILDING, WHERE DOES IT DRAIN OUT? TO THE SIDE? TO THE, AND THEN, AND THEN WHERE, UH, IT'LL CARRY THE NORMAL. DOES IT GO, DOES IT GO, UH, TO THE FRONT, UH, TO THE FRONT STREET, UH, YOUR STREET? OR DOES IT GO TO THE NEIGHBORING PROPERTY? WITH THE POOL? IT GOES TO THE NEIGHBORING PROPERTIES AS IT AS IT ALWAYS HAS. ALRIGHT. IF THERE'S NO OTHER QUESTIONS, I LOOKING FOR A MOTION. OH, UH, WAS THERE A PUBLIC COMMENTARY ON THIS? NO. PUBLIC COMMENT. ALRIGHT, ANYONE LIKE TO MAKE A MOTION? STEVENS COMMISSIONER STEVENS REGARDING CASE NUMBER BO OA DASH 24 DASH OH 3 4 8. I MOVE THAT THE BOARD OF ADJUSTMENT GRANTS A REQUEST FOR A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT REAR SETBACK TO ALLOW, SIR, WE CAN'T HEAR YOU. OKAY, SORRY. REGARDING CASE NUMBER BO OA DASH 24 DASH 0 3 4 8, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT REAR SETBACK TO ALLOW A TWO FOOT SETBACK, A TWO FOOT REAR SETBACK FOR AN ACCESSORY STRUCTURE SITUATED AT 3 2 8 MADISON STREET. APPLICANT BEING RAMON TORRES. BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY RESTRICTED SETBACKS TO PROVIDE SUITABLE SPACING BETWEEN STRUCTURES. STAFF FINDS THAT THIS IS ALLOW, THIS IS AN ALLOWABLE AMOUNT OF SPACING AS THE STRUCTURE WILL PROVIDE A SIT A SUITABLE DISTANCE FROM THE NEIGHBORING PROPERTIES. TWO, DUE TO THE SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT ALTERING THE BU THE BUILT STRUCTURE TO ADHERE TO THE REAR SETBACK REQUIREMENT. THIS WOULD RESULT IN AN UNNECESSARY HARDSHIP AS THIS WOULD NOT ALLOW ADEQUATE ROOFING FOR THE STRUCTURE. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. IN THIS CASE, THE PROPOSED REAR SETBACK WILL ADHERE TO THE SPIRIT OF THE ORDINANCE, AND SUBSTANTIAL JUSTICE WILL BE DONE BY ALLOWING FOR SUITABLE DISTANCE DISTANCES BETWEEN STRUCTURES AND THE NEIGHBORING PROPERTIES. ADDITIONALLY, THE STRUCTURE WILL ABIDE BY ALL OTHER SETBACK REQUIREMENTS. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF, UH, USE OTHER THAN THOSE USE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITHIN WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJU INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. A TWO FOOT REAR SETBACK FOR THE STRUCTURE DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, NOR WILL IT INJURE ADJACENT PROPERTIES. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION. SECOND. SECOND BY COMMISSIONER ZUNI. COMMISSIONER STEVENS. UH, I THINK THIS IS PRETTY STRAIGHTFORWARD. Y'ALL ARE MAINTAINING, YOU KNOW, A HISTORIC [02:50:01] BUILDING AND HISTORIC DISTRICT SO IT'S EASY FOR ME TO GET BEHIND. COMMISSIONER ZUNA, I CONCUR. AND I THINK THE ISSUE WITH THE GUTTERS AND I THINK THE WAY THE APPLICANT WAS, WAS MENTIONING THE SLOPE IS GONNA BE TO EITHER SIDE AND NOT TO THE REAR. HE MENTIONED THE HARDSHIP WITH THE, UH, THE BRICK WALL POOL. SO I THINK, UH, DRAINAGE WOULD BE ADEQUATELY ADDRESSED WHAT THEY'RE PROPOSING. ANYONE ELSE LIKE TO ADD? UH, HEARING NONE HAVE ROLL CALL VOTE PLEASE. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER O ZUNA? YES, I CONCUR. COMMISSIONER ERON? YES, I CONCUR. COMMISSIONER EZ? I CONCUR. COMMISSIONER DEAN? UH, I CONCUR. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER EZ? I CONCUR. COMMISSIONER MANA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER AVILES. THUMBS UP. COMMISSIONER AVILES. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 10 TO ONE. THANK YOU. UH, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. YES SIR. THANK YOU. THANK YOU. ITEM NINE. OKAY, ITEM NINE, BO OA DASH 24 DASH 1 0 3 0 0 0 4 9. ADDRESS BEING 3 0 7 OVERLOOK ROAD COUNCIL DISTRICT TO VERONICA WITH THE APPLICANT BEING VERONICA. UH, VEGA VAGA. UH, A REQUEST FOR A FENCE MATERIAL VARIANCE TO ALLOW CORRUGATED MIDDLE FENCE ON THE PROPERTY. AND TWO, A FIVE FOOT VARIANCE FROM THE MINI MINIMUM 15 FOOT CLEAR VISION TO ALLOW A 10 FOOT DRIVEWAY CLEAR VISION ZONING BEING R SIX, THE SUBJECT PROPERTY IS LOCATED EAST OF INTERSTATE 35 AND NORTH OF RANDOLPH BOULEVARD. ALONG OVERLOOK ROAD. THE APPLICANT BEING THE PROPERTY OWNER IS REQUESTING A SPECIAL EXCEPTION TO ALLOW A CORRUGATED, UH, METAL FENCE VARIANCE FOR THE PROPERTY. THE APPLICANT WAS CITED BY CODE ENFORCEMENT ON MARCH 7TH, 2024 FOR BUILDING A FENCE ON THE PROPERTY WITHOUT OBTAINING A PERMIT. THE FENCE HEIGHT FOR THE SIDE AND REAR OF THE PROPERTY WERE APPROVED DUR DUE TO NEIGHBORING PROPERTIES, UH, USE OF URBAN FARM. HOWEVER, AS THE FENCE MATERIAL, UH, CORRUGATED METAL IS NOT PERMITTED. ADDITIONALLY, UH, DURING THE SITE VISIT, STAFF IDENTIFIED A PREDOMINANTLY OPEN FENCE WITHIN THE CLEAR VISION, WHICH REQUIRES A FIVE FOOT VARIANCE TO ALLOW A 10 FOOT DRIVEWAY CLEAR VARI VISION FOR THE FRONT PROPERTY LINE. UH, THE INVESTIGATION AND PERMITS ARE PENDING THE OUTCOME BOARD OF BOARD OF ADJUSTMENT DECISION IN THE SITE PLAN, SUBJECT PROPERTY AND SURROUNDING AREA. STAFF RECOMMENDATION, UH, STAFF RECOMMENDATION, THE CORRUGATED METAL FENCE, UH, STAFF RECOMMENDS DENIAL AND BOA 24 DASH 1 0 3 0 0 0 4 9 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE REQUESTED VARIANCE IS CONTRARY TO THE PUBLIC INTEREST AS IT WILL INDUCE A PROHIBITED, UH, FENCING MATERIAL IN THE AREA. AND TWO, THE REAR AND SIDE FENCE ARE NOT CONSTRUCTED OF APPROVED FENCE MATERIAL. UH, STAFF'S RECOMMENDATION FOR THE DRIVEWAY DRIVEWAY CLEAR VISION STAFF RECOMMENDS APPROVAL IN BOA 24 DASH 0 3 4 9 BASED ON THE FOLLOWING FINDINGS OF FACT. ONE, THE ESTABLISHED CLEAR VISION OF THE AREA IS AT THE CURRENT FENCE LOCATION. AND TWO, IT IS NOT CONTRARY TO THE PUBLIC INTEREST AS A 10 FOOT DRIVEWAY CLEAR VISION REMAINS. STAFF MAILED 19 NOTICES, ONE IN FAVOR, ZERO IN OPPOSITION AND NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET OF THE SUBJECT PROPERTY. AND THIS IS IN FAVOR? UH, THIS IS IN FAVOR, BUT THEY ALSO HAVE CONCERNS. THIS CONCLUDES STAFF'S PRESENTATION. APPLICANT IS HERE. UH, I HAVE A QUICK QUESTION. YES. SO YOU HAD MENTIONED THAT THE NEIGHBORING PROPERTY IS URBAN FARM. IS THAT THE SPECIAL USE? YES. THAT'S A SPECIFIC USE. YEAH. SO A FENCE IS ALLOWED TO BE EIGHT FEET TALL IF IT'S NEXT TO AN URBAN FARM USE. SEE, THAT'S THAT'S WHAT I'M, I WANTED TO CLARIFY. SO IF IT'S, IF IT'S ZONED R SIX, BUT IT HAS A SPECIAL USE FOR URBAN FARM, IF IT EVER CEASES TO BE USED AS AN URBAN FARM AND INSTEAD IS USED FOR A SINGLE FAMILY HOME, THEN IT CAN'T HAVE AN EIGHT FOOT FENCE. YEAH. AND THAT, YEAH. SO IF THEY PUT UP THE EIGHT FOOT FENCE, UM, NOW AND THEN FOR SOME REASON THAT GETS UN ZONED FROM WHAT IT IS RIGHT NOW, THEN YES, THEY WOULD NOT BE ABLE TO PUT A NEW ONE, BUT [02:55:01] THEY'D BE NONCONFORMING IN. OKAY. BUT RIGHT NOW, BECAUSE IT'S AN URBAN FARM AND URBAN FARMING IS A ALSO A COMMERCIAL USE, THEN THEY'RE ABLE TO HAVE THAT EIGHT FOOT FENCE. NOW THAT'S, UM, I I DIDN'T KNOW IF THAT APPLIED TOWARDS THE BASE OR THE SPECIAL USE WHEN YOU LOOK AT THAT HEIGHT. I'M JUST CURIOUS. OKAY. WELL THANK YOU VERY MUCH. THANK YOU. I'S HAVE THE APPLICANT COME FORWARD. HELLO. PLEASE TELL US YOUR NAME AND ABOUT YOUR PROJECT. SI VERONICA VIEGAS. OKAY. MY NAME IS ARIA VERONICA, CAN YOU SPEAK INTO THE MICROPHONE PLEASE? OH, MY NAME IS VERONICA VIEGA. I'M TO, UH, I'M HERE TO EXPLAIN THE IMPORTANCE OF YOU APPROVING THE VARIANCE, UH, IN, IN, UH, THE VARIANCE, UH, THE PROOF OF THE VARIANCE TO PLACE THE METAL FENCE. THAT'S VERY IMPORTANT FOR IMPORTANT. I'VE ALREADY BROKEN INTO OUR HOUSE THREE TIMES TO STEAL MACHINERY. AND THIS MACHINERY AND TOOLS ARE USED BY MY HUSBAND IN ORDER TO SUPPORT OUR FAMILY. THERE ARE NO HOUSES, NO FENCES BEHIND OR TO THE SIDES OF OUR PROPERTY. AND THIS, AND THIS MAKES OUR PROPERTY EVEN MORE EXPOSED AND THE MIDDLE OF THE FENCE IN THE BACK PART OF OUR PROPERTY, UH, PROTECTS OUR, OUR PROPERTY AND AVOIDS FURTHER BREAK-INS IN THE FUTURE. WE'VE ALREADY SPENT, UH, $10,000 IN MATERIALS AND LABOR TO BUILD THIS FENCE. WE WOULD, UH, BE FACING A VERY DIFFICULT FINANCIAL SITUATION. WE WOULD BE FACING, THE ENTIRE FAMILY WOULD BE FACING THIS HARDSHIP IF WE WOULD HAVE TO REPLACE THE FENCE. I'VE ALREADY BOUGHT THE MATERIAL AND I HAVE ALREADY SPENT ALL MY FUNDS CONSIDER THE METAL. I ASK THAT YOU PLEASE CONSIDER THIS, UH, AUTHORIZING THIS VARIANCE ON THE MATERIAL. OH YEAH. THANK YOU. ALRIGHT, LET'S SEE IF WE HAVE ANY QUESTIONS. UM, I HAVE A A A QUICK QUESTION. SO THE APPLICATION SHOWS METAL FENCING SOLELY ON THE WEST SIDE. UH, IS IT THE IN, DID THE APPLICANT WANT OR ISN'T TRYING TO GET CORRUGATED METAL IN THE ENTIRE REAR YARD OR JUST ON THAT REAR WEST SIDE FENCE? JUST IN THE BACKSIDE, BUT SHE HAS THE PHOTOGRAPHS THAT THEY'RE GOING TO SHOW. OKAY. AND THEN THIS IS RIGHT HERE. I'M SORRY. 'CAUSE WE HAVE PICTURES IN OUR FILE. I JUST, I JUST, THE MOTION IS READ IT DIDN'T LIMIT IT TO ANY SPECIFIC LOCATION. I JUST WANTED TO MAKE SURE IT WAS JUST FOR THAT WEST SIDE. UH, AND THEN A QUESTION FOR, FOR I GUESS FOR LEGAL OR FOR STAFF. SO THIS IS A, THE CLEAR VISION COMPONENT OF IT IS, IS TO, IS THE CONFLICT IS A PREDOMINANTLY OPEN FENCE. ARE WE ALLOWED IN A, I SURE I'LL ASK THIS BEFORE, BUT ARE WE ALLOWED TO READ A MOTION AND SOMEHOW INCLUDE THAT IT'S THE VIOLATION? IS DUE A DUE TO A PREDOMINANTLY OPEN FENCE OR IS IT JUST A STRAIGHT CLEAR [03:00:01] VISION VARIANCE? I BELIEVE IT, IT'S JUST A STRAIGHT CLEAR VISION. IS THERE A WAY FOR US TO INCLUDE THE FACT THAT LIKE WE, A PREDOMINANTLY OPEN FENCE MAY NOT BE A PROBLEM FOR, FOR THE COMMISSION, BUT MAYBE A SOLID FENCE MIGHT BE? THAT'S THAT'S WHY I WAS JUST IN CASE WHOEVER READS A MOTION WOULD WANT TO INCLUDE THAT. UH, WELL, WELL, WELL, WHOEVER WANTS TO READ THE MOTION WHEN THAT TIME COMES, I'M SURE THEY'LL TAKE A STAB AT IT AND I'M SURE YOU'LL LET THOSE KNOW. I'M GONNA, I'M GONNA HOP IN A LITTLE BIT ON THE, UH, CLEAR VISION ONE. GO AHEAD. SO THE REASON WHY THE CLEAR VISION DOESN'T ACTUALLY DIFFERENTIATE BETWEEN PREDOMINANTLY OPEN AND SOLID IS BECAUSE IF YOU EVER DRIVE UP NEXT TO THESE WR IRON FENCES AND YOU'RE LOOKING DOWN THEM, YOU STILL CAN'T SEE THROUGH THEM. YOU STILL CAN'T. YEAH. AND SO THE CLEAR VISION REALLY DOESN'T DIFFERENTIATE BETWEEN THE TWO. UM, SO AS FAR AS WHETHER OR NOT YOU CAN READ IT, I'M LEAVING, LEAVING THAT ONE TO THE ATTORNEYS. I'M ONLY SAYING BECAUSE SOMETIMES IF YOU'RE, MINE'S JUST INTENT. IF YOU'RE 15 FEET AND YOU'RE CRUISING LIKE SEVEN OR EIGHT FEET, YOU MIGHT SEE SOMETHING FOR A LITTLE WHILE. BUT I KNOW WHAT YOU'RE TALKING ABOUT. YEAH. IT, IT MAY STILL RESULT IN SOME KIND OF VIOLATION IF FOR SOMEHOW OR ANOTHER, YOU KNOW, YOU GET CALLED BACK OUT AND THERE'S STILL AN, AN ISSUE. OKAY. ALL RIGHT. UM, IS THERE ANY OTHER COMM ANY COMMISSIONER QUESTIONS FOR THE A COMMISSIONER CRUZ? UH, I, I'M SORRY. SO IT'S JUST IN THE BACKSIDE. THANK YOU VERY MUCH. COMMISSIONER CRUZ. OKAY. NOW IS THERE ANYONE LIVING IN THE PROPERTY BEHIND HER? IS IS THAT WHERE SUPPOSEDLY THEY'RE COMING IN TO BREAK INTO HER HOME? BECAUSE I DON'T SEE ANY NEIGHBORS. SO IS IT JUST AN OPEN LOT AND THAT'S HOW THEY'RE GETTING IN? NO, I, NO, THAT'S WHAT I WAS EXPLAINING, THAT THERE IS NO NEIGHBORS IN THE BACK TO NO ONE CLOSE TO HER, BUT SHE STILL NEEDS AN EIGHT FOOT FENCE. I DON'T UNDERSTAND ARE SHE CAN HAVE AN EIGHT FOOT FENCE BECAUSE OF, IT'S AN BECAUSE IT'S AN URBAN FARM USE. SHE'S ONLY HERE FOR THE CORRUGATED METAL. YEAH, IT'S A FARM. SO WE HEAR TESTIMONY THAT, THAT THERE WAS, UM, SOMEBODY, UH, COMING IN THROUGH THAT REAR FENCE IN QUESTION. YES. HOMELESS PEOPLE GO THROUGH THERE. OKAY. ANY OTHER COMMISSIONER QUESTIONS? ANA COMMISSIONER MANOR? SO IF THE, UH, STAFF WOULD BRING UP THE PRIOR PICTURE FOR THIS. THERE WE GO. SO THERE'S A CORNER, SO IT IMPLIES MORE THAN THE BACK FENCE. UM, SO SO IS IT THAT WE'RE LOOKING FOR A PORTION OF THE SIDE FENCE AS WELL? SO THAT'S WOOD. OH, IT'S WOOD, OKAY. IT'S JUST THE BACKSIDE. OKAY. OKAY, NO WORRIES THEN. OKAY. ALL RIGHT. THERE'S NO OTHER QUESTIONS. IS THERE ANY VOICEMAILS THAT ANYONE SENT TO SPEAK? NO PUBLIC COMMENT. ALL RIGHT. SO WHO WOULD LIKE TO MAKE A MOTION? NO. OKAY, MR. MANON, REGARDING CASE NUMBER BOA 2 4 1 0 3 0 0 0 4 9, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT THROUGH REQUEST FOR ONE, A VARIANCE FROM THE FENCE MATERIAL TO ALLOW A CORRUGATED METAL FENCE TO A FIVE FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VARIANCE TO ALLOW A 10 FOOT DRIVEWAY, UH, CLEAN VISION USING A PREDOMINANTLY OPEN FENCE, UM, SITUATED AT 3 0 7 OAKLAND ROAD. APPLICANT BEING VERONICA, UH, VIEGAS BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTERS PROPERTY SUCH THAT LIBERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. STAFF FINDS A FENCE CONSTRUCTIVE CORRUGATED METAL WILL NOT BE CONTRARY TO THE PUBLIC INTEREST. AND THE REDUCED CLEAR VISION VARIANCE LEAVES ADEQUATE SPACE FOR ONCOMING TRAFFIC. TWO, DUE TO SPECIAL CONDITIONS OF LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AND LITTLE ENFORCEMENT OF THE ORDINANCE WOULD CAUSE AN UNNECESSARY HARDSHIP. AS A CORRUGATED METAL FENCE IS LOCATED ON THE REAR PROPERTY LINE AND PREDOMINANTLY OPEN FRONT FENCE IS ON THE ESTABLISHED LOCATION [03:05:01] IN THE AREA. UH, THREE, BY GRANTING A VARIANCE, THE SPEAR OF THE ORDINANCE WILL BE OBSERVED. THE CENTRAL JUSTICE WILL BE DONE. THE SPEAR OF THE ORDINANCE WILL BE OBSERVED WITH THE APPROVAL OF THE CORRUGATED METAL FENCE AS IT WOULD PROVIDE AN ELEMENT OF SECURITY AND SAFETY TO THE, UH, PROPERTY OWNER AND THE DRIVEWAY. CLEAR VISION VARIANCE STILL ALLOWS AN ADEQUATE DISTANCE FROM THE STREET. 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 PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THIS PROPERTY IS LOCATED. IT GRANTED THE CLEAR VISION REDUCTION WOULD STILL ALLOW ADEQUATE ROOM FOR ONCOMING TRAFFIC. AND THE USE OF CORRUGATE METAL FENCING PROVIDES A SEPARATION BETWEEN ADJACENT LOTS. SIX, APPLY. THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS 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 ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS. DISTRICT IN WHICH THIS PROPERTY IS LOCATED. STAFF FINDS SUPPLI TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE ADJACENT PROPERTY USED AS AN URBAN FARM AND ESTABLISHED DRIVEWAY SETBACK IN THE AREA ARE ON THE 10 FOOT CLEAR VISION, SETBACK AND A MOTION. I'LL SECOND THAT. UH, AND CAN I, UH, ASK THAT THE MAKER INCLUDE THAT THE CORRUGATED METAL IS LIMITED TO THE WEST PROPERTY LINE? UH, YES. UH, I ACCEPT THAT FOR THE AMENDMENT. ALRIGHT, SO WE HAVE A MOTION, UH, AND A SECOND, UH, COMMISSIONER. MAD. SO THANK YOU FOR ADDING THE CLARIFICATION THERE. UM, I THINK, UM, UM, YOU KNOW THAT IT IS IN AN URBAN FARM AREA AND SO, UH, ANY SUB UM, ANY SUBSEQUENT BUILDER COMING IN WOULD, WOULD RECOGNIZE THAT THE FENCE IS THERE. AND SO, SO I GUESS I'M OKAY WITH THAT. AND THEN, YOU KNOW, I DO LIKE TO INCLUDE THE, UH, PREDOMINANTLY OPEN FENCING, UH, UH, INCLUDED IN THE MOTION FOR, UH, THE CLEAR VISION. AND SO WITH THOSE TWO, UH, READS, I, UH, WILL BE PUT IN FAVOR. I TOTALLY AGREE. ANY OTHER COMMISSIONERS LIKE TO ADD HEARING NONE. LET'S HAVE A ROLL CALL VOTE. COMMISSIONER ARM MANO. I CONCUR WITH THE FINDINGS OF FACT. CHAIR ORIAN. I CONCUR WITH THE FINDINGS. DEFENDANT. COMMISSIONER BARTON. I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER? I CONCUR. COMMISSIONER BENAVIDEZ. COMMISSIONER BENAVIDEZ GAVE A THUMBS UP. COMMISSIONER BRAGMAN I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER UNA? YES, I CONCUR. ALL RIGHT. MOTION PASSES UNANIMOUSLY. UH, CONGRATULATIONS TO YES. THANK YOU. THANK YOU VERY MUCH. ALRIGHT, UH, LAST CASE ITEM NUMBER 10. READY? YEAH. ITEM NUMBER 10 IS BO OA 24 DASH 1 0 3 0 0 0 5 1. THE ADDRESS. 1 3 8 3 5. SUSAN CREST DRIVE COUNCIL, DISTRICT NINE, APPLICANT BEING RONALD ROSS. UH, AND A REQUEST FOR A SIX FOOT SEVEN INCH VARIANCE FROM THE MINIMUM 10 FOOT SET, UH, FRONT SETBACK TO ALLOW A CARPORT TO BE THREE FEET, FIVE INCHES FROM THE FRONT PROPERTY LINE ZONING. R FIVE. THE SUBJECT PROPERTY IS LOCATED NORTHEAST OF JORDAN'S JONES MALTSBERGER ROAD AND APPROXIMATELY 90 EAST OF THE FLINT BED ROAD AND SUSAN CREST DRIVE INTERSECTION. THE APPLICANT BEING THE PROPERTY OWNER IS SEEKING A SIX FOOT SEVEN INCH VARIANCE TO ALLOW A 20 FOOT BY 20 FOOT DETACHED CARPORT TO BE CONSTRUCTED THREE FEET, FIVE INCHES FROM THE FRONT PROPERTY LINE. THE DISTANCE FROM THE FRONT SETBACK DOES NOT ACCOMMODATE THE SIZE OF THE CARPORT NEEDED TO SUPPORT COVERAGE FOR A VEHICLE. THE ISSUANCE OF A BUILDING PERMIT IS PENDING. THE OUTCOME OF THE BOARD OF ADJUSTMENT IS A SITE PLAN, UH, SUBJECT PROPERTY. THIS IS A, UH, EXAMPLE FROM THE APPLICANT'S, UH, APPLICATION OF KIND OF THE DESIGN THEY'RE LOOKING AND THIS WILL VIEW ACROSS FROM THE SUBJECT PROPERTY SURROUNDING AREA. STAFF RECOMMENDATION, UH, FOR THE FRONT SETBACK VARIANCE, STAFF RECOMMENDS DENIAL AND BO OA 24 DASH 1 0 3 0 0 0 5 1 BASED ON THE FOLLOWING FINDINGS OF FACT, THE ONE, THE PROPOSED VARIANCE, UH, VARIANCES ARE CONTRARY TO THE PUBLIC INTEREST AND WILL ALTER THE [03:10:01] ESSENTIAL CHARACTER OF THE DISTRICT. AND TWO, ALL PROPERTIES DO NOT HAVE THE SPACE TO ACCOMMODATE A CARPORT. AND THE PROPERTY CONTAINS A GARAGE FOR TWO VEHICLES FOR VEHICLE PROTECTION. STAFF MAILED 25 NOTICES, TWO IN FAVOR, ZERO IN OPPOSITION, AND NO NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET OF THE SUBJECT PROPERTY. AND THIS CONCLUDES STAFF'S PRESENTATION. APPLICANT IS AVAILABLE. ALL RIGHT. THANK YOU. IS THE APPLICANT COME FORWARD. ALL RIGHT. STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. UH, MY NAME IS RONALD GROSS, NOT GROSS. UH, I'M GOING TO, WE'D LIKE TO PUT A CARPORT UP ON OUR HOUSE UP THERE TO PROTECTIVE VEHICLE FROM EXTREME WEATHER. WE'RE CURRENTLY HAVING HAILSTORMS AND, UH, BLAZING SUNS WE HAVE OUT HERE. UH, RIGHT NOW. THE, UH, CARPORT WOULD INTRUDE UPON THE FRONT PROPERTY LINE BY 6.7 FEET OUT THERE. UH, I HAVE TALKED TO MY NEIGHBORS, NONE OF 'EM WERE OPPOSED. IT, IN FACT, YOU SAW THAT TWO 'EM WERE ACTUALLY IN SUPPORT OF IT. UH, THERE ALWAYS BEEN SOME CONCERN, I THINK EXPRESSED BY YOUR STAFF ABOUT POTENTIAL RUNOFF. UH, THE, ACTUALLY THE CARPORT, I THINK, IN MY OPINION, WILL REDUCE A RUNOFF BECAUSE INSTEAD OF THE RAIN FALLING ON CONCRETE AND RUNNING INTO THE STREET, IT'LL FALL ON TOP OF THE CARPORT SHED ROOF ITSELF. AND THE SLOPE OF THE, THAT HAVE PROPOSED PUTTING IT ON THERE, WE'LL HAVE THE WATER DRAINING INTO THE ACTUAL SOIL OF THE PROPERTY OUT THERE. OKAY, SO QUICK QUESTION. UM, YOU, YOU'RE ASKING FOR A, UM, TO BE THREE FOOT FIVE INCHES FROM THE FRONT PROPERTY LINE. THE STAFF TALK TO YOU ABOUT PUTTING A POST, SETTING A POST BACK AND HAVING AN OVERHANG FROM THE POST AND TRYING TO GET IT AS CLOSE AS POSSIBLE TO FIVE FEET AND THEN YOU WOULD NEED A VARIANCE. UH, I GUESS NOT. AS, AS I UNDERSTAND THE WAY IT'S GONNA BE CONSTRUCTED, THEY GO FROM CORNER TO CORNER TO PUT IT UP UP OUT THERE. YEAH, BECAUSE WHAT HAPPENS IS IT'S THE POST IS WHAT WE'RE, WE'RE LOOKING. SO IF YOU'RE, IF YOUR POST WAS 10 FEET, YOU'RE ALLOWED TO HAVE AN OVERHANG UP TO FIVE FEET SO THAT THE EDGE COULD BE FIVE FEET FROM THE FRONT. I DON'T, I'M JUST, I'D HAVE TO POSE THAT QUESTION TO THE, UH, THE MANUFACTURER OF THE CAR ITSELF IS GONNA BE DONE BY, UH, A COMPANY HERE IN TOWN AND EVERYTHING THAT I HAVE SHOWN ME ON MINE, IT GOES FROM CORNER TO CORNER. AND IF THE, IF THE EXCEEDS, I FORGET WHAT THE DISTANCES THEY PUT ONE IN THE MIDDLE. OKAY. AND, AND DO YOU HAPPEN TO KNOW THE DISTANCE FROM YOUR PROPERTY LINE TO THE, UH, BACK OF SIDEWALK? PARDON? UH, FROM YOUR PROPERTY LINE TO THE BACK OF THE SIDEWALK PROPERTY LINE TO THE BACK OF THE SIDEWALK? UH, NO, I DON'T RIGHT OFF. OKAY. YEAH. 'CAUSE PART OF ONE OF THE THINGS THAT, UH, WE DO LOOK AT IN THESE SORT OF CASES IS, IS HOW INTRUDING A CARPORT WOULD BE TO A PEDESTRIAN WALKING DOWN THE SIDEWALK. OH, IT WOULDN'T INTERFERE WITH THAT. DO YOU THINK YOU'D BE AT LEAST FIVE FEET AWAY? OH YEAH. AT LEAST. OKAY. ALRIGHT. IS THERE ANY OTHER COMMISSIONER QUESTIONS? COMMISSIONER CRUZ CRUZ. THANK YOU. UM, THE ONLY THING IS, AND MAYBE I WASN'T LOOKING AT THE PICTURES CORRECTLY, IS THERE SOMEONE ELSE THAT HAS A CARPORT IN YOUR AREA? YES, THERE IS. I'VE ACTUALLY GOT SOME PICTURES HERE. THERE'S AT LEAST FIVE CARPORTS WITHIN THE AREA. THESE PICTURES HERE ARE LOCATED WITHIN A 14,000 BLOCK OF SUSAN CREST. OKAY. AND COULD YOU PROVIDE THOSE? OH, THEY'RE DOWN THE STREET THEN. OKAY. COULD YOU GO AHEAD AND PROVIDE THOSE? UM, OKAY. ? YEAH, JUST SWIPE IT TO THE LEFT IF YOU CAN SEE 'EM ONE NOW. BUT THERE'S, UH, MOST OF 'EM ARE DETACHED. THERE'S ONLY ONE THAT IS ATTACHED AND THAT'S AN EXAMPLE OF THE ONE. LIKE I'M, I'M TRYING TO GET THAT KIND OF ROOF CONSTRUCTION. YOU MIGHT BE GIVING SOME, UH, ADDRESSES. I WAS JUST GONNA SAY, UH, I'M ASSUMING NONE OF THESE HAVE COME UP IN FRONT OF US, CORRECT. . SO COMMISSIONER HUMANA. SO, SO IS THIS, UM, GONNA BE ATTACHED? IT IS. IT IS GONNA BE DETACHED. OH, DETACHED. SO IT IS DETACHED, DETACHED, NOT ATTACHED. MY CONCERN WITH GOING TO AN ATTACHED WOULD BE THE MOVEMENT BETWEEN THE SOIL AND A, THE MONOLITHIC SLAB OF THE HOUSE. OKAY. THANK YOU. UNA. COMMISSIONER UNA, YOU HAD MENTIONED THE, UH, BENEFIT OF THE GUTTERS, RIGHT? GETTING THE WATER OFF TO THE S SWALES ON THE SIDE OF THE HOUSE. UH, ON THE HA HOUSE I DO HAVE GUTTERS. YES. RIGHT. SO WOULD YOU, SO AM I HEARING THAT THE [03:15:01] FUTURE BUILD OF THIS CARPORT WILL INCLUDE GUTTERS ON EITHER SIDE? UH, POTENTIALLY. RIGHT NOW WE'RE TRYING TO SEE IF WANTING TO GET THE ROOF UP THERE AND WHAT KIND OF RUNOFF WE HAVE OUT THERE. UH, I WOULD LIKE TO COLLECT THE WATER OFF OF THE CARPORT ITSELF BECAUSE IT'D ACTUALLY BE CLEANER WATER AND GO INTO A RAIN BARREL AND I CAN USE THAT FOR MORE IRRIGATION FOR PLANTS AROUND THE HOUSE. RIGHT NOW I HAVE FOUR RAIN BARRELS, UH, AROUND THE HOUSE. I USUALLY COLLECT THAT, THAT FEED ALL MY PLANTS IN THE BACKYARD AND SOME IN THE FRONT. SO IN EITHER CASE, THE WATER WOULD BE COLLECTED OFF THE ROOF? PARDON? IN EITHER CASE, THE WATER WOULD BE COLLECTED OFF THE ROOF, WHETHER IT'D BE DIRECTED TOWARD THE SWELLS OR INTO A, A RAIN CATCHMENT BASIN OR SOMETHING. UH, RIGHT NOW THE WATER OFF THE CAR PART WILL RUN RIGHT INTO MY SOIL, UH, ON BOTH THE, UH, THE NOR I GUESS THE EAST AND WEST SIDE. RIGHT NOW. LIKE I SAY, THE WATER JUST RUNS OFF THE DRIVEWAY DOWN INTO THE STREET. AND, AND THIS PROPOSED WILL REDUCE IT BY GETTING THE WATER INVERTED INTO THE SOIL ITSELF. HOW MUCH, HOW MUCH SPACE DOES HE HAVE BETWEEN THE NINE AND A HALF FEET TO THE SIDE OF PLENTY ROOM? YEAH, ON THE WEST, ON THE WEST SIDE, I HAVE OVER NINE FEET. EAST SIDE IT'S OVER 13 FEET. AND, AND THE LOT, IS IT SLOPING TOWARDS THE STREET? ACTUALLY, THERE'S NOT MUCH SLOPE ON THAT PARTICULAR AREA. IT'S PRETTY FLAT RIGHT IN, IN THERE. THERE'S A SLIGHT SLOPE. I THINK IT'S LESS THAN 2%. OKAY. OKAY. SO YOU, ANY OTHER QUESTIONS? IS THERE ANY PUBLIC COMMENTARY? NO PUBLIC COMMENT. ALL RIGHT. WELL, WE'LL SEE WHAT HAPPENS. IS LOOKING FOR A MOTION PLEASE. OONA, I'LL TAKE IT. COMMISSIONER OONA, REGARDING CASE NUMBER BO EIGHT DASH 24 DASH 0 3 0 0 5 1, I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED REQUEST FOR A SIX FOOT SEVEN INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A CARPORT TO BE THREE FEET FIVE INCHES FROM THE FRONT PROPERTY LINE SITUATED AT 13 8 3 5 SUSAN CREST DRIVE APPLICANT BEING RONALD GROSS BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SO THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN A NECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THAT VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE REQUEST WOULD NOT BE CONTRARY TO PUBLIC INTEREST AS IT LEAVES SUFFICIENT ROOM ON THE SIDE IN FRONT OF THE PROPERTY FOR ANY REQUIRED MAINTENANCE AND ENOUGH SEPARATION TO PREVENT ANY IN INTRUSION OF ELEMENTS. TWO, DUE TO THE SPECIAL CON UH, CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIAL CONDITIONS EXIST ON THE PROPERTY AS THE LIMITED SIZE OF THE LAW DO NOT PROVIDE ENOUGH SPACE FOR THE INTENDED USE OF PROTECTING THE PROPERTY OWNER'S VEHICLES. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS SO, IS TO PROVIDE SEPARATION BETWEEN STRUCTURE AND PROPERTY LINES. THE ADDITION TO THE CARPORT WOULD PROVIDE SUFFICIENT DISTANCE BETWEEN THE PROPOSED STRUCTURE AND PROPERTY LINES TO ENSURE SAFETY AND CLEAR VISION REQUIREMENTS ARE MET. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED. NO USES OF THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SIX 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 FRONT SETBACK WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT OR INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES IN THIS AREA. THE, THE OWNER OF THE PROPERTY FOR ITS VARIANCE IS SOUGHT DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY. THEY'RE NOT MERELY FINANCIAL NOT DUE TO THE RESULT OF GENERAL CONDITION. THE DISTRICT, THE PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH EXPERIENCES SAW IS DUE TO THE UNIQUE CIRCUMSTANCES, THE PROPERTY SUCH AS THE LIMITED SIZE OF THE LOT NOT PROVIDE THE PARKING AND A MOTION. SECOND. GOOD. SECOND BY COMMISSIONER CRUZ. COMMISSIONER ZUMAN? YES. SO I'M GONNA SUPPORT THE MOTION. THE APPLICANT PROVIDED A, A VISUAL TESTIMONY ABOUT NUMEROUS CARPORTS THAT ARE SIMILAR TO THIS ALL UP AND DOWN SUSAN CREST DRIVE. SO IT'S, IT'S, IT WAS IN WITHIN THE, UH, THE FABRIC OF THE, THE STREETSCAPE IN THE NEIGHBORHOOD. UH, NO OPPOSITION AT ALL FROM NEIGHBORING PROPERTIES OR FROM THE OWNER'S ASSOCIATION. AND YOU KNOW, THE APPLICANT HERE IS JUST TRYING TO PROTECT HIS PROPERTY WITH THE CARPORT PROPOSED AND HE'S COMING BEFORE US BEFORE THE CARPORT IS BEING BUILT. SO THAT'S A COMMON COMMEND HIM FOR THAT. SO, ALRIGHT. COMMISSIONER CRUZ. UM, YES, I CONCUR WITH MR. OZUNA. I DON'T SEE A PROBLEM WITH IT. IT, IT WILL IMPROVE THE PROPERTY AND I THINK, UH, IT WILL HELP. HI, WITH HIS PROPERTY ALSO. THANK YOU. ANY OTHER COMMISSIONERS YOU'D LIKE TO ADD? UH, I'D JUST LIKE TO ADD THAT, UH, THIS IS, YOU KNOW, OVER NINE FEET FROM THE, FROM ONE SIDE AND, AND IT'S, IT'S COVERING THE EXISTING IMPIOUS COVER, SO I TAKE NO ISSUE WITH IT. UH, WITH THAT, LET'S HAVE ROLL CALL VOTE PLEASE. COMMISSIONER OONA? YES, I CONCUR. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER BURON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER EZ. I CONCUR. COMMISSIONER DEAN. I CONCUR. COMMISSIONER BONILLA. I CONCUR. COMMISSIONER MANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BON [03:20:01] THUMBS UP. COMMISSIONER VEZ. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. WELL, THANK YOU. AND, UH, IF YOU HAPPEN TO HAVE ANY QUESTIONS, YOU CAN TALK TO STAFF . ALRIGHT. THANK YOU FOR YOUR TIME. THANK YOU. UH, SO WE DON'T HAVE MINUTES TODAY. UH, THAT'S WHAT HAPPENS WHEN YOU'RE A WEEK AWAY FROM, FROM A MEETING. BUT, UH, IS THERE ANY DIRECTOR'S, UH, REPORT, UH, NO DIRECTOR'S REPORT. WE, WE WILL HAVE BOTH MINUTES, UH, READY FOR YOU FOR THE NEXT MEETING. OKAY. AND, UH, I, I SEE THERE'S SOME CHICK-FIL-A BACK THERE. THAT'S PLEASE, PLEASE, PLEASE, PLEASE TAKE, MAN, WE'RE EXPECTING A LITTLE LONGER MEETING, BUT THEN Y'ALL PUT IT ON OVERTIME WE'RE, WE CAN HANG OUT HERE. BUT, BUT HAPPY FTA EVERY, WE, WE CAN STAY ANOTHER 30 MINUTES IF YOU WANT US TO. NO PROBLEM. ALL RIGHT. NEXT CASE WE HAVE IS ADAM. NO . NO. BUT HAPPY FIESTA, EVERYBODY. AND, AND HOPE YOU'LL HAVE A GOOD TIME THIS WEEK. THANK YOU. COMMISSION. WE'RE ADJOURNED. 4 36. YES. * 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.