* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:03] YES SIR. ALRIGHT. IT IS ONE OH TWO. I HEREBY CALL THIS MEETING OF THE BOARD OF ADJUSTMENTS TO INTO SESSION. IF WE CAN HAVE THE SPANISH INTERPRETER COME OUT, PLEASE AND DO THE PRESENTATION. THANK YOU VERY MUCH. STAFF, IF YOU COULD PLEASE CALL ROLE COMMISSIONER BURTON. HERE. COMMISSIONER STEVENS. PRESENT. COMMISSIONER EZ. HERE. COMMISSIONER DEAN PRESENT. COMMISSIONER CRUZ. HERE. COMMISSIONER GOMEZ? HERE. HERE. COMMISSIONER MANNA PRESENT. COMMISSIONER BENAVIDES PRESENT. COMMISSIONER BRAGMAN. COMMISSIONER UNA PRESENT. COMMISSIONER VASQUEZ. PRESENT CHAIR ORIAN. AND I AM PRESENT. SO IT LOOKS LIKE WE HAVE A QUORUM OF 11 TODAY. UH, IF EVERYONE COULD PLEASE JOIN ME FOR THE, FOR THE PLEDGE. I PLEDGE STATES SENATOR UNDER GOD FOR HONOR OF THE TEXAS FLAG. I TO BE TEXAS ONE STATE, ONE INDIVIDUAL. SO BEFORE WE PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION. THIS BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS. FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT. LASTLY, AS CHAIR, I WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS AND I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS THE CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING. WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL. THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELEASE SOUGHT, AND WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FOR FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE IN AN ADVISORY AND 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 THE CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY DEC DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORDS OF THE BOARD'S PROCEEDINGS. THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD. ANY OPPOSITION TO THE REQUEST WILL BE, WILL BE PRESENTED IN A LIKE MANNER. AFTER EVERYONE HAS HEARD THE CASE, IT'LL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION. IN ORDER FOR A MOTION TO CARRY. IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES. THE BURDEN OF PROOF AND GRANTING THE 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 OFFICIALS. 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. PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS OF YOUR CASE STAFF. GOOD AFTERNOON. STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST. PART OF PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE, SPECIAL EXEMPTION OR APPEAL AND PROPERTIES WITHIN 200 FEET OF THE SUBJECT PROPERTY CHECK MARKS INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUESTS AND X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION. FOLLOWING THIS PRESENTATION AND QUESTIONS ABOUT THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST A PROPOSED VARIANCE, SPECIAL EXEMPTION OR APPEAL. YOU'LL BE CALLED OUT ANY ORDER YOU SIGN UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED OF MAXIMUM THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE A MAXIMUM TIME LIMITATION. FOR THOSE THAT WOULD LIKE TO GIVE THEIR TIME TO A SPEAKER, THAT SPEAKER WILL BE ALLOWED MAXIMUM TWO PEOPLE GIVEN OUT 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 ANY OPPORTUNITY TO ADDRESS BOARD [00:05:01] QUESTIONS. THANK YOU, CHAIRMAN. YES. [ Briefing and Possible Action on the following items  ] UH, I UNDERSTAND ITEM EIGHT HAS REQUESTED A CONTINUOUS TO CONTINUANCE TO JUNE 3RD. UH, IS THERE ANY, UH, I'D LIKE TO BRING THAT ONE UP TO, TO THE, TO THE BE TO THE FRONT OF THE AGENDA. UH, IS THERE ANY, UH, PUBLIC COMMENTARY ON THAT? THERE'S NO PUBLIC COMMENT. IS THERE ANYONE IN THE GALLERY HERE FOR ITEM NUMBER EIGHT LOCATED AT 12 1 0 2 EBNER ROAD. ALL RIGHT. HEARING NONE. UM, IF I CAN, UH, READ IT INTO THE RECORD REAL QUICK QUESTION, PLEASE. YES. IT'S A REQUEST BY THE LAW OFFICE OF E-A-R-P-L-L-C FOR A 15 FOOT VARIANT FROM THE MINIMUM 30 FOOT SI UH, SETBACK TO ALLOW A STRUCTURE TO BE 15 FEET FROM THE REAR SETBACK. UH, 15 FOOT VARI FROM THE MINIMUM 15 FOOT BUFFER TO ALLOW THE ELIMINATION OF THE BUFFER REQUIREMENTS ON THE FRONT YARD. AND A FIVE FOOT VARIANT FROM THE MINIMUM 20 FOOT SETBACK TO ALLOW 15 FOOT SIDE SETBACK LOCATED 12 1 0 2 HENER ROAD. UH, COUNCIL DISTRICT NUMBER EIGHT AND STAFF RECOMMENDS IT NOW. ALL RIGHT. UH, SO WITH THAT I'M LOOKING FOR A MOTION TO CONTINUE TO JUNE 3RD. SO MOVED. ALL RIGHT. WE HAVE A MOTION. A SECOND, SECOND. SECOND BY COMMISSIONER BENAVIDEZ. ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? AYE. COMMISSIONER DEAN OPPOSES THE REST AYES NO. NO. I WAS A, AYE. I WAS, AYE. APOLOGIZE, COMMISSIONER DEAN , THERE'S A, THERE'S A SLIGHT DELAY, UH, FROM WEBEX THERE OR TEAMS OR WHATEVER WE'RE USING TODAY. UM, MOTION PASSES AND WE CAN MOVE ON TO ITEM NUMBER ONE. ARE YOU DOING THAT? OKAY. ALL RIGHT. GOOD AFTERNOON. UM, ITEM NUMBER ONE IS BO A 24 1 0 3 0 0 0 0 0 6 0 LOCATED 96 55 NEDO HIGHWAY DISTRICT FOUR, APPLICANT BEING DANNY METAL RECYCLING AN APPEAL FOR THE ADMINISTRATOR'S DECISION FOR A NON-CONFORMING USE DENIAL, UM, ZONING, A C3 R. NEXT SLIDE PLEASE. PROPERTY RECEIVED A NON-CONFORMING DENIAL ON MARCH 6TH, 2024 DUE TO NO EVIDENCE PROVIDED, UH, TO SHOW THE CONTINUED USE OF A USED AUTO PARTIAL RECYCLER SINCE THE PREVIOUSLY APPROVED NON-CONFORMING. THIS IS THE TIMELINE OF THE NON-CONFORMING THAT WERE DONE FIRST IN 2013 AND 2016 WERE APPROVED AND THEN THE LAST TWO WERE DENIED. UH, NEXT TWO SLIDES IS THE CO COMPLIANCE HISTORY OF, UM, THEIR INSPECTIONS IS A CERTIFICATE OF, OBVIOUSLY A CERTIFICATE OF OCCUPANCY, UM, GIVEN AND, UH, UH, LICENSE GIVEN IN 2023 IN ERROR WITHOUT A NON-CONFORMING REGISTRATION. THIS IS THE, UM, APPLICATION THAT WAS TURNED IN AND THE LETTER OF DENIAL AND PHOTOS OF SUBJECT PROPERTY AND SURROUNDING AREA. ALL RIGHT. STAFF CONCLUDES THAT THE USE OF USED AUTO PARTS CYCLER WE'RE REQUIRED TO CHANGE OF ZONING APPROVAL BASED ON SECTION 35 7 0 5, UM, B ONE BASED ON THE FOLLOWING FILINGS. IN FACT, NO EVIDENCE WAS PROVIDED BY THE APPLICANT. SHE SHOWED A CONTINUED USE OF THE USED AUTO PARTIAL CYCLER. NINE NOTICES WERE MAILED OUT, NONE RECEIVED IN FAVOR OR IN OPPOSITION. AND THERE'S NO REGISTERED NEIGHBORHOOD ASSOCIATION, UM, THAT CONCLUDES STAFF, UH, PRESENTATION. CO COMPLIANCE IS AVAILABLE FOR ANY SPECIFIC QUESTIONS ON THEIR END ALSO. AND JUST TO CLARIFY, IT'S DORMANCY MORE THAN ONE YEAR, WHICH IS WHAT MAKES IT GO AWAY, RIGHT? UH, COR, WELL DORMANCY OR, UM, NON-LEGAL CONTINUED USE. YES. GOTCHA. ALL RIGHT. LET'S HAVE THE APPLICANT COME FORWARD. THERE'S JUST A FEW CORRECTIONS. SO THE APPLICANT IS NOT DANNY'S ETT METAL RECYCLING. IF YOU COULD PLEASE, UH, STATE YOUR NAME. I APOLOGIZE. MY NAME'S ELIZABETH RUSSELL. THANK YOU. UM, I REPRESENT THE APPLICANT. I'M FROM THE LAW OFFICE OF ELIZABETH ANN RUSSELL, PLC, AND THE APPLICANT TODAY IS CHRISTINA RAMIREZ, NOT DANNY'S METAL RECYCLING. I THINK THERE'S JUST A LITTLE CONFUS CONFUSION ON THAT. UM, WE HAVE A COUPLE OF STAFF CAN HELP YOU PASS THAT OUT IF YOU WANT. THAT'D BE GREAT. THANK YOU. AND, UM, THERE WERE SEVERAL LETTERS AND APPROVAL PROVIDED BY THE NEIGHBORS, SO THAT I DON'T THINK IT WAS UPDATED EITHER. HOW MANY LETTERS? THERE WERE SEVEN LETTERS FROM TWO SEVEN LETTERS. MY APOLOGIES. FROM 200 FOOT NEIGHBORS? YES, I, [00:10:16] SO 96 55 NEW LAREDO HIGHWAY HAS BEEN OPERATING FOR OVER 54 YEARS AS A USED AUTO PARTS RECYCLER. AND WE'RE GONNA START BY PLAYING A GOOGLE EARTH, UM, VIDEO THAT, UM, DATES BACK TO THE 1970S SHOWING THE USE. AND IT'LL JUST PLAY IN THE BACKGROUND KIND OF WHILE I GO THROUGH SOME OF THE HISTORY OF THIS CASE. SO IT WAS OWNED AS A USED AUTO PARTS RECYCLER, UM, SINCE THE SEVENTIES. IT WAS ORIGINALLY OWNED BY SUN AUTO PARTS. THE OWNER WAS A MR. VILLAREAL. UM, THE FIRST PAPER IN THE PACKET THAT WE PROVIDED IS, UM, A LETTER FROM CPS SAYING THAT IT HAS BEEN CONTINUOUSLY OPERATING, UM, AT, WITH ELECTRICITY AT THAT FACILITY SINCE 1976. UM, IN AROUND 2019, THE PROPERTY STARTED TO FALL INTO DISTRESS. UM, THE, BY THE CURRENT BY THE PAST OWNER, HIS NAME WAS AL CARIC. AND I ACTUALLY REPRESENTED THE OWNER THAT WAS CARRYING THE NOTE TO MR. CARIC AT THAT TIME. AND THAT PROPERTY WAS FILED FOR FORECLOSURE AND BECAUSE MR. CARIC WASN'T PAYING, UM, THE NOTE, BUT THEN ADDITIONALLY, THERE WERE SEVERAL VIOLATIONS WITH CODE ENFORCEMENT AT THAT TIME, BUT HE WAS STILL CONTINUOUSLY OPERATING, UM, AND RECEIVING VIOLATIONS THROUGHOUT THAT TIME. AND THE END OF 2020, THAT PROPERTY WAS FORECLOSED ON. AND CHRISTINA RAMIREZ THROUGH RAM FAM, LLCA FAMILY OWNED, UM, ENTITY PURCHASED THE PROPERTY. BUT PRIOR TO PURCHASING THAT PROPERTY, THEY GOT IN CONTACT WITH TWO PEOPLE FROM CODE ENFORCEMENT, JOSEPH BERNAL AND JERRY ROACH. THOSE, THEY CONTACTED THOSE TWO PEOPLE BECAUSE THEY WANTED TO FIND OUT WHAT THE VIOLATIONS WERE AND WHAT THEY WOULD NEED TO DO TO MAKE SURE THAT THEY COULD CONTINUE TO OPERATE THIS FACILITY. 'CAUSE IT'S AN EXPENSIVE PIECE OF PROPERTY, IT'S LARGE. UM, THE PURCHASE WAS OVER $500,000 AND THEY WANTED TO MAKE SURE IF THEY WERE GOING TO INVEST IN THIS, WHAT NEEDED TO BE DONE IN ORDER TO MAINTAIN THE LICENSE AND WHAT THE VIOLATIONS WERE. AND BASICALLY AT THAT TIME, THE CITY TOLD THEM THAT AS LONG AS THEY CLEARED UP ANY OF THE VIOLATIONS THEY HAD THAT THERE WOULD BE NO ISSUE WITH, UM, MOVING FORWARD WITH A NON-CONFORMING USE ONCE THOSE VIOLATIONS, UM, KIND OF WERE SORTED OUT. SO MY CLIENTS PURCHASED THE PROPERTY AND CONTINUED TO OPERATE AND THEY STARTED TO, UM, AND THEY CONTINUED TO GET INSPECTIONS FROM THE CITY THROUGHOUT 20 20, 20 21, 20 22, 20 23. AND ALL OF THOSE INSPECTIONS WERE DONE THROUGH, UM, THE SAME NONCONFORMING USE THAT WE'RE ASKING FOR TODAY, A USED AUTO PARTS RECYCLER. SO THEY WERE HELD TO THOSE STANDARDS, THEY WERE HELD TO THE FENCING STANDARDS, THEY WERE HELD TO THE RODENT BARRIER STANDARDS AND ALL OF THE SAME STANDARDS UNDER CHAPTER 16 THAT ARE REQUIRED OF THAT TYPE OF PROPERTY. AND THEY CONTINUE TO WORK THROUGH THE CITY THROUGH EACH ONE OF THOSE INSPECTIONS IN ORDER TO EVENTUALLY GET THAT PERMIT, UM, SO THAT THEY COULD MOVE FORWARD. THIS AREA IN PARTICULAR, YOU WILL SEE IS AN AREA OF ALL OF ONLY THOSE TYPES OF BUSINESSES. THIS AREA HAS NO SEWAGE, IT HAS NO WATER. IT IS NOT THE TYPE OF AREA THAT REALLY ANY OTHER TYPE OF, UM, ACTIVITY CAN BE OPERATED BECAUSE OF THE UNIQUE CHARACTERISTICS OF THIS PART OF TOWN OVER ON, UM, LAREDO HIGHWAY. SO ONCE THEY, UM, CONTINUED TO DO THOSE INSPECTIONS, THEY, UM, NOTIFIED THE CITY IN JANUARY OF 2023, HEY, WE'RE STILL OPERATING OUT OF THIS. LIKE WHAT DO WE NEED TO DO IN ORDER TO MAKE SURE THAT WE GET OUR LICENSES? AND THEY APPLIED FOR THEIR LICENSE WITH THE STATE, WHICH THEY GOT. AND THEN THEY APPLIED FOR THEIR LICENSE WITH THE CITY. NOW I UNDERSTAND THE CITY IS SAYING THAT WAS DONE IN ERROR, BUT MY CLIENTS HAD NO IDEA TO KNOW THAT THAT WAS DONE IN ERROR. 'CAUSE THEY THOUGHT THEY HAD DONE ALL THE CLEANUPS THAT WERE REQUIRED. THEY HAD FIXED ALL THE VIOLATIONS AND THEY WERE MOVING FORWARD. SO THEY ACTUALLY APPLIED FOR THEIR FIRST NON-CONFORMING USE IN APRIL OF 2023. ON THE PRESENTATION. IT ONLY HAS TWO DIFFERENT NON-CONFORMING USE APPLICATIONS, BUT THERE WAS ACTUALLY THREE. AND UM, THE REASON THERE WAS THREE IS BECAUSE OPEN RECORDS REQUESTS WERE NOT COMPLIED WITH UNFORTUNATELY. SO THE FIRST APPLICATION GOT PUT IN IN APRIL OF 2023, AND AN OPEN RECORDS REQUEST WAS REQUESTED AND THOSE RECORDS NEVER CAME BACK AND ORDER FOR THEM TO COMPLETE THE NON-CONFORMING USE APPLICATION. SO THE APPLICATION WAS DENIED SEVERAL MONTHS LATER. UM, MY CLIENTS COMPLAINED TO THE DEPARTMENT SAYING, HEY, WE CAN'T FULFILL THE OBLIGATIONS FOR THE, FOR THE REQUEST. IF Y'ALL CAN'T GET THE OPEN RECORDS REQUEST, CAN WE HAVE AN EXTENSION? MIKE SHANNON'S OFFICE SAID, SURE, NO PROBLEM. WE'LL GIVE YOU AN EXTENSION. SOMEONE LOST IN COMMUNICATION, THEY DENIED IT ANYWAY. [00:15:01] SO THEN WE APPLY AGAIN IN OCTOBER OF 2023. THAT APPLICATION ACTUALLY COMPLETELY GOT LOST AND UM, WE REQUESTED A FOLLOW UP. AGAIN, NO OPEN RECORDS, UM, WERE GIVEN. AND THEN FINALLY IN, UM, SPRING OF THIS YEAR, THAT APPLICATION GOT DENIED AGAIN. AND SO MY CLIENTS APPLIED FOR ANOTHER, A NON-CONFORMING USE. AND FINALLY THEY GOT THE OPEN RECORDS REQUEST. AT THAT TIME, THEY WERE ABLE TO SUBMIT THOSE DOCUMENTS AND THAT'S WHERE WE'RE AT HERE TODAY BECAUSE, UM, IT WAS AGAIN, DENIED. SO WE'VE HAD THREE DIFFERENT ATTEMPTS IN ORDER TO GET NON-CONFORMING USE. IT'S BEEN DENIED EACH TIME, BUT WE DO THINK IT IS AN APPROPRIATE USE OF THE PROPERTY BECAUSE OF THE CHARACTERISTICS OF THAT PARTICULAR PROPERTY. UM, ADDITIONALLY, THE CITY ISSUED FOUR VIOLATIONS THIS YEAR FOR OPERATING, UM, IN VIOLATION OF THE LICENSE. UM, ON APRIL 23RD, THE MUNICIPAL COURT ACTUALLY DISMISSED ALL FOUR OF THOSE CASES. SO ALL FOUR OF THOSE CASES HAVE BEEN DISMISSED AND THERE'S CURRENTLY NO PENDING, UM, THAT WE'RE AWARE OF, UM, CITATIONS FOR THAT PROPERTY FOR OPERATING WITHOUT ITS LICENSE. SO AGAIN, WE HAVE SEVERAL, UM, NEIGHBORS IN THE, IN THE AREA SEVEN THAT HAVE ALL AGREED THAT, UM, THIS IS A PROPER USE OF AND OF THE PROPERTY BECAUSE OF THE CHARACTERISTICS OF THIS PROPERTY IN TERMS OF THE SEWAGE, THE WATER, AND UM, WHAT OTHER TYPE OF BUSINESSES COULD ACTUALLY OPERATE THERE. UM, AND WE HAVE A SHORT DRONE VIDEO THAT WE WOULD LIKE TO SHOW OF WHAT THE PROPERTY LOOKS LIKE. NOW MY CLIENT CURRENTLY EMPLOYS FIVE PART-TIME AND FIVE FULL-TIME EMPLOYEES AT THIS AREA. UM, BUT IT COULD BE UP TO 15, UM, DEPENDING ON HOW YOU VOTE TODAY AND HOW THEY'RE ABLE TO PROCEED FORWARD. I DON'T MEAN TO INTERRUPT YOU. CAN YOU USE THE LASER POINTER AND ABSOLUTELY IN POINT OF WHERE THE PROPERTY IS? YES, PLEASE. THANK YOU. I'M SURE WE'RE RIGHT HERE. LIKE YEAH, SO AS YOU START TO SEE THIS LITTLE BIN, OH, RIGHT THERE. OKAY. LEMME JUST ONE MOMENT. YEAH, IT'S FARTHER UP RIGHT UP HERE IN ALL THE LOCATIONS. , CAN YOU SPEAK INTO THE MICROPHONE? THANK YOU. YES, THANKS. YES, I ABSOLUTELY. SO ALL THE LOCATIONS THAT YOU'RE PASSING BY ARE ALSO USE AUTO PARTS. SO WE'RE SURROUNDED BY MULTIPLE USE AUTO PARTS ON NEW LAREDO HIGHWAY. CAN YOU STATE YOUR NAME PLEASE? I APOLOGIZE. I'M, I'M, UM, OWNER CHRISTINA RAMIREZ. OH, OKAY. SO I OPERATE AND I, UM, I'VE BEEN WORKING WITH THE CITY OF THE INSPECTORS THROUGHOUT THE YEARS TO GET IT UP TO CODE, UM, THROUGHOUT ALL THE LICENSES. SO I HAVE TO GET A-T-D-L-R LICENSE WITH THE STATE, WHICH WE HAVE. UM, THE ONE THAT I ALSO JUST APPLIED FOR DOESN'T EXPIRE UNTIL 2025, WHICH I RECENTLY JUST GOT. WE HAVE TO, UM, COMPLY WITH TCQ, WE HAVE TO COMPLY WITH SAS. I RECENTLY GOT INSPECTED BY SAS, WHICH I HAVE MY SAWS LETTER IN THE PAMPHLET THAT WE GAVE YOU. UM, WE'VE SUBMITTED, I SUBMITTED MY APPLICATION BACK IN 2023 TO, UH, CODE ENFORCEMENT FOR MY 2023 LICENSE, WHICH THEY DID APPROVE AFTER INSPECTIONS. I KNOW, UH, ONE OF THE REGULATIONS WAS A FENCE REPAIR THAT WE HAD TO DO. SO THROUGHOUT THE YEARS, THE PAST COUPLE YEARS THAT I HAVE BEEN REGULATED UNDER CH UM, CHAPTER 16, UH, IT DID TAKE ME SOME TIME TO GET IT UP TO CODE, BUT WE DID, WE DID GET IT UP TO CODE IN 2023 AND WE WERE ABLE TO GET OUR LICENSE. THE SIGNATURES THAT WE GOT, WE GOT ABOUT SEVEN SIGNATURES. UM, ONE OF 'EM FROM NIKA MOTORS, HE'S BEEN THERE FOR 40 YEARS. WE GOT IT FROM, I'M SORRY, LET ME GO BACK ON THE SIGNATURES. NIKA MOTORS, HE'S BEEN THERE FOR 40 YEARS. TONY FROM, UM, MADE AUTO TRUCKS. HE'S BEEN THERE FOR ABOUT 15 YEARS. UH, USA AUTO PARTS. HE'S BEEN THERE ABOUT ALMOST 20 YEARS OR MAYBE EVEN MORE THAN THAT AUTO WORLD. UM, THEY'VE PROBABLY BEEN LICENSED FOR THE LAST 40 YEARS, UH, PREVIOUSLY THEY'RE APACHE INTERNATIONAL. THEY'VE BEEN THERE FOR ABOUT 20 YEARS. HE'S ALSO HAS A, A BROTHER STORE CALLED BROTHERS AUTO PARTS, UM, WHICH IS HIS FATHER. HE'S BEEN THERE ABOUT 40 YEARS. UH, PAD METAL RECYCLERS. UM, BEEN THERE ABOUT 20 YEARS. THEY'VE HAD A RECYCLING LICENSE FOR OVER 40 YEARS. PAUSE IT. THIS IS IT RIGHT HERE. [00:20:01] YES. SO THIS IS CURRENT, THIS IS THE PROPERTY RIGHT HERE. SO THIS IS THE OFFICE BUILDING. UM, THIS IS THE OFFICE BUILDING ON BROWN RIGHT HERE. THE ENTRANCE IS RIGHT HERE INTO THE PROPERTY. OKAY. SO WE'RE GONNA SEE IF ANYONE SIGNED UP TO SPEAK IF THERE'S ANY, UH, PUBLIC COMMENTARY STAFF. IS THERE ANY PUBLIC COMMENTARY IN THIS CASE? UH, NO PUBLIC COMMENT. ALL RIGHT. SO I'M GONNA LEAD OFF ON SOME QUESTIONS. SO, UM, YOU HAD MENTIONED THAT YOU DON'T HAVE WATER AND SEWER, BUT YOU HAVE AN OFFICE BUILDING. THERE'S NO RESTROOM. THERE IS A RESTROOM. THERE'S, UM, A PORTA POTTY. PORTA POTTY, AND THEN THERE'S A SEPTIC, THERE'S A SEPTIC SYSTEM THAT'S BEEN BUILT OUT THERE. OKAY. AND THEN I NOTICED THAT, UH, AND THIS QUESTION IS, IS FOR STAFF. SO THERE WAS A, IN JANUARY THERE WAS A CITATION JANUARY 12TH, UH, FOR OPERATING WITH IMPROPER ZONING. AND THEN IT LOOKED LIKE MUNICIPAL COURT DISMISSED THAT IN APRIL. HOW DOES THAT AFFECT, UM, THE REMOVAL OF A NON-CONFORMING USE? SURE, SURE. I'M SORRY, CAN YOU REPEAT THE QUESTION? YES. UM, SO THERE WAS A, A CITATION ON JAN IN THE PACKET THAT THE, UH, APPLICANT PASSED OUT. THERE'S A CITATION ON JANUARY 12TH, UH, AND THE CITATION WAS FOR IMPROPER ZONING AND, UM, IT LOOKED LIKE IT WAS DISMISSED BY MUNICIPAL COURT IN APRIL LAST MONTH. UH, AND I'M TRYING TO FIGURE OUT HOW THAT AFFECTS, UH, THE REMOVAL AND NON-CONFORMING USE. SO TO STATE MY NAME, MY NAME IS, UM, UH, ZONING SUPERVISOR FOR CODE ENFORCEMENT, ROXY RAMIREZ. AND I DO SUPERVISE THE RECYCLING, UH, TEAM THAT GOES OUT TO MRIS AND U APRS. I WAS NOT AWARE THAT THE JANUARY ONES, 'CAUSE WE WERE TOLD IN COURT THE JANUARY CITATION WAS GONNA STAND, AND THEN THE OTHER TH THE JANUARY AND THEN THE, I THINK IT WAS THE OTHER TWO WERE GONNA STAND, UH, I MEAN WERE GONNA BE DISMISSED. I'M SORRY, OTHER TWO OR THREE THAT THEY HAD ON THERE. UM, ALL, ALL FOUR HAVE BEEN DISMISSED. WE HAVE ALL DISMISSAL AND SHE CAME UP TO ME, WE NEED TO HAVE EVERYBODY SPEAK THE MIC. SO WE THANK YOU. WE ARE RECORDING THIS. UM, AND SO, UH, AND THAT WAS BECAUSE OF EVERYTHING THAT THE PROP, WE WERE TOLD THAT IT WAS BECAUSE OF EVERYTHING THAT THE PROPERTY WAS GOING THROUGH WITH, UH, LAND DEVELOPMENT. AND SHE WAS GONNA BE FAIR AND CONSISTENT WITH THAT AS FAR AS ALLOWING THEM THE TIME. AND SO, UM, THAT'S WHAT WE WERE TOLD IN COURT. OKAY. HOWEVER, UM, THE, THE ISSUE IS, IS THAT IT IS ZONE C3 R, WHICH IT'S NOT, UM, ZONED TO ALLOW SALVAGE VEHICLES TO BE STORED. SO THAT'S WHY THEY DID RECEIVE THE CITATIONS BECAUSE THEY DID NOT GET THE NON-CONFORMING. SO THEY WOULD HAVE TO HAVE I TWO S, WHICH IS THE SPECIFIC USE TO ALLOW SALVAGE VEHICLES TO BE STORED FOR UAPR OR MRE. OKAY. IS THERE ANY OTHER QUESTIONS FROM THE COMMISSION? MANNA COMMISSIONER MANNA? SO I, YOU KNOW, I, I DON'T FULLY UNDERSTAND THE WHOLE WORKFLOW ON THE NOR NON-CONFORMING USE AND HOW IT WORKS. AND YOU KNOW, THE APPLICANT APPARENTLY HAD ONE. AND SO, SO WHAT IS THE WORKFLOW FOR IT NOT BEING RENEWED? YOU KNOW, IS IT SOMETHING THAT BECAUSE IT'S A NEW APPLICANT OR, OR A LACK OF FILING THE PAPERWORK? OR WHY IS IT THAT THE, THAT THIS PROPERTY CHANGED FROM A NON-CONFORMING USE THE PRIOR NON-PERFORMING USE TO NOT BEING ACCEPTED? NOW? CAN YOU, CAN YOU EXPLAIN THAT PLEASE? SO I THINK IT WOULD BE A COMBINATION OF THINGS LIKE YOU JUST STATED. IT IS A NEW APPLICANT, LIKE THEY STATED THEY IN, THEY BOUGHT THE PROPERTY IT WENT INTO FOR FORECLOSURE AND AT THE END OF 2020, AND THEN THEY, UM, PURCHASED THE PROPERTY. WE DO HAVE RECORD THAT BACK IN 20 17 18, WHICH IS THE TIMELINES YOU SEE ON THERE. 2019, THE PROPERTY WAS NOT OPERATING. SO THE PROPERTY'S NOT OPERATING AS WHAT THE NONCONFORMING IS ALLOWING FOR THE BUSINESS. THEN IF IT'S NOT OPERATING FOR MORE THAN A YEAR, THEN WE CONSIDER THE, THE NCU IS, YOU KNOW, NO LONGER VALID. SO IF THEY'RE A NEW APPLICANT AND THEY KNEW NEW, UH, PURCHASERS OF THE PROPERTY, THEY WOULD HAVE TO REAPPLY FOR THE NON-CONFORMING USE, WHICH IS WHAT I BELIEVE THAT THEY'VE BEEN GOING THROUGH AND HAVE BEEN GETTING DENIED SEVERAL TIMES, BEING ABLE NOT TO APPROVE, NOT TO APPROVE TO LAND DEVELOPMENT THAT THEIR BUSINESS HAS BEEN CONTINUOUSLY RUNNING AS A SALVAGE YARD. SO, OKAY, COMMISSIONER, QUICK QUESTION. SO WHEN, WHEN THE APPLICANT CAME, COMES UP BEFORE US AND SAYS THAT SHE WENT BEFORE THE DEVELOPMENT SERVICES TO CLEAR ALL THE, UH, INFRACTIONS THEY HAD ON THE PROPERTY, THAT WOULDN'T BE THROUGH YOUR OFFICE, RIGHT? RIGHT. CORRECT. AND THAT'S WHY YOU WOULDN'T KNOW, WE WOULDN'T KNOW WHAT WAS GOING ON. YELLOW CODE ENFORCEMENT YES. WITH CODE, RIGHT, BECAUSE YOU'RE A DIFFERENT DEPARTMENT THAN RIGHT. WE'RE A DIFFERENT DIVISION. SO, UH, AND THERE'S NO COMMUNICATION BETWEEN THE TWO OR AT THE TIME THERE APPARENTLY WAS NOT. SO, UH, NOW WE HAVE GOTTEN, WE HAVE DIG IN A LOT DEEPER AND, UH, BE IN ORDER TO PREVENT THINGS LIKE THIS IN THE, IN THE FUTURE BECAUSE THEY'RE CO YOU, YOU DID HEAR THAT THEIR, UH, LICENSE WAS ISSUED BY US FOR THE UAPR. RIGHT? RIGHT. AND SO THAT'S BECAUSE OF THE, THE LACK OF COMMUNICATION. SO, UM, WHEN I DID TAKE OVER THE TEAM IN APRIL, 2023, WE STARTED CLOSING UP THAT GAP AND TO [00:25:01] BE MORE RESTRICTIVE, YOU KNOW, GET MORE INTO THE WEEDS, WEEDS OF THINGS, AND THEN, UM, HAVE A BETTER ORGANIZATION BETWEEN, UH, ALL DIVISIONS. AND THE NEXT QUESTION WOULD BE OF THE ADJOINING PROPERTIES, ARE THEY ALSO OPERATING WITH THE NON-CONFORMING USE OR HOW, HOW ARE THOSE OTHER PROPERTIES? UH, YES, THE ADJOINING PROPERTIES ARE OPERATING WITH NON-CONFORMING USE. SO IS THERE IS A PATTERN OF THAT. NON-CONFORMING NON ZONES, MAJORITY OF THE SALVAGE YARDS DO HAVE NON-CONFORMING USE AND ARE ZONE THE EXIST THE SAME ZONING AS THE APPLICANT THERE. THERE'S A, A LOT OF DIFFERENT ZONES THAT, THAT SOME OF THESE YARDS ARE, THEY'RE EITHER C3 I ONE L, SO, BUT MAJORITY OF OUR, OF OUR YARDS, UH, WE DO HAVE, UH, 73, A LOT OF THEM ARE ON, ON NON-CONFORMING. YES. AND THEN IF THEY WOULD HAVE ANY LIKE VIOLATIONS, THERE WOULD BE ABILITY FOR THEM TO CLEAR UP THOSE VIOLATIONS AS WELL. THAT'S WHAT WE DO ON OUR INSPECTIONS. YES. FOR CODE ENFORCEMENT. IF THEY DO HAVE ANY VIOLATIONS, WE DO HAVE A, A, A INSPECTION SHEET THAT WE GO WITH AND THEN WE LIST THE VIOLATIONS, AND THEN YES, OF COURSE. OKAY. SO GIVE THEM TIME. SO WHAT MY, SO WHERE I'M, WHERE I'M SEEING HERE IS THAT IF THE APPLICANT HAS SHOWN THAT THEY HAVE CURRENT LICENSES THROUGH THE VARIOUS ENTITIES, THEY HAVE NEED TO OPERATE SUCH A, SUCH A USE. AND PART OF THIS IS WHETHER THEY'RE DORMANT OR NOT, WERE THEY DORMANT FOR A YEAR OR NOT? SO DOES THE CITY REQUIRE WHAT SORT OF ACTIVITY RE IS REQUIRED FOR IT TO BE DEEMED DORMANT? I MEAN, BECAUSE IF I OWNED A BUSINESS AND I JUST DIDN'T FEEL LIKE SELLING WHATEVER IT IS I SOLD, THAT DOESN'T MEAN THAT I'M NECESSARILY DORMANT. AND SO IT'S, IT'S THE FACT THAT THEY HAVE ACTIVE UTILITIES AND THAT THEY'RE HAVE ACTIVE LICENSES, IS THAT ENOUGH TO BE CONSIDERED, UH, NON DORMANT? I CANNOT SPEAK FOR LAND DEVELOPMENT DIVISION PART BECAUSE THAT'S THE REQUIREMENTS THAT THEY HAVE. SO, SO THAT'D BE FOR, SO FOR STAFF. SO IS THERE, DO THEY HAVE TO HAVE A BUSINESS TRANSACTION ONCE A YEAR? DOES THERE, I MEAN, WHAT DOES IT TAKE FOR Y'ALL TO, FOR THEM TO PROVE THAT THEY WERE NOT RIGHT. SO THE, YEAH, FOR NON-CONFORMING, UM, A UTILITY DOES HELP. IT DOESN'T STATE THE USE OBVIOUSLY, BUT UTILITIES DO HELP. UM, BUT THE REASON WHY THIS ONE GOT DISAPPROVED, IT WASN'T BECAUSE OF UTILITIES NOT LIKE THAT, IS BECAUSE THEY FAILED, UM, TO MEET THE, THE, UH, THE APPROVAL FROM CODE OF COMPLIANCE. SO THAT'S WHY WE DISAPPROVED IT ON OUR END. UH, THEY, THEY MADE A DETERMINATION THAT THEY WERE NOT LEGALLY OPERATING, UH, WITHIN THE LAST YEAR. SO THAT'S WHY IT WAS DENIED, UH, A NUMBER OF DIFFERENT, UH, CODE REPORTS THAT SAY THERE HAS BEEN NO OPERATION ON THE SITE WHEN THEY INSPECT. SO BACK TO THE APPLICANT, DO YOU HAVE ANY, UH, DOCUMENTATION OR EVIDENCE THAT YOU ARE IN FACT OPERATING? I THINK, UM, WITHOUT MORE THAN A YEAR OF DORMANCY, THE CITATIONS I THINK ARE A PRETTY GOOD, UM, LICENSES. AND THE LICENSES ARE A GOOD INDICATOR THAT WE'RE OPERATING. THEY CAN'T ISSUE A CITATION FOR OPERATING WITHOUT A VALID LICENSE IF WE WEREN'T OPERATING. AND, UM, ADDITIONALLY THAT'S THE SAME AS THE PRIOR OWNER. UM, AND THEN ALSO THE, THE AERIAL, THE, THE GOOGLE EARTH AND THE AERIAL VIEWS, WE'VE ALWAYS HAD SALVAGE VEHICLES ON THE PROPERTY. SO THE AERIAL VIEW AND THE GOOGLE EARTH GOES BACK TO 1980. AND ON THE PROPERTY THERE HAS ALWAYS BEEN SALVAGE VEHICLES. I'VE HAD UP TO A HUNDRED TO 500, 600 VEHICLES THERE. THAT WAS ACTUALLY THE VIOLATIONS THAT I'VE BEEN GETTING EVERY MONTH IS BECAUSE THEY WANTED ME TO REMOVE THE VEHICLES. I NEVER REMOVED THEM BECAUSE I'VE ALWAYS ACTIVELY BEEN OPEN. I'VE BEEN OPEN TO REALLY, I'VE BEEN OPEN ONLINE, UH, THE PAST FEW MONTHS. OKAY. BECAUSE WE'VE BEEN GETTING ENFORCED TO BE CLOSED COMMISSIONER MANNA MANNA. SO, SO JUST TRYING TO GET SOME TIMELINES STRAIGHT HERE. SO, SO YOU PURCHASED A PROPERTY IN 2021. OKAY. AND IF I UNDERSTOOD CORRECTLY PRIOR TO THAT IT WAS, IT WAS IN DISUSE AND SO IT LOST ITS, UM, UM, UM, OTHER USE PERMIT. SO, SO, SO YOU, WHEN YOU PURCHASED IT, THEN IT WAS NO LONGER VALID? IF I UNDERSTOOD CORRECTLY, I WOULD DISAGREE WITH THAT. OKAY. BUT I'M GONNA GO WITH WHAT THE CITY SAID FOR A SECOND HERE. OKAY. OKAY. AND SO THEN IF I UNDERSTOOD CORRECTLY, YOU REAPPLIED FOR THIS OTHER, YOU KNOW, FOR, FOR THIS NON-CONFORMING USE, WHEN DID YOU APPLY FOR THE NON-CONFORMING USE? THE FIRST TIME, UM, FEBRUARY, END OF FEBRUARY, EARLY MARCH, 2023. SO IN 2023. AND SO AT THAT PERIOD, UM, IT WAS DENIED THEN AT THAT POINT DENIED BECAUSE WE DIDN'T HAVE THE OPEN RECORDS REQUEST TO SHOW THE HISTORY OF THE PROPERTY. THAT WAS THE REASON FOR DENIAL AT THAT FIRST TIME. OKAY. OKAY. SO I DON'T, SO CAN THE CITY COMMENT ON THAT? 'CAUSE I DON'T UNDERSTAND HOW THOSE TWO RELATED AND WHAT THE, YOU KNOW, UH, HOW THAT WOULD RELATE TO EACH OTHER. RIGHT. SO IT'S UP TO THE APPLICANT TO PROVIDE US THE INFORMATION ON WHAT THEY HAVE. UM, WE GET AS MUCH AS WE CAN FROM OUR END, BUT IT'S UP TO THE APPLICANT TO GIVE US, TO PROVE TO THE CITY THAT THEY HAVE ENOUGH, UM, EVIDENCE TO, UM, QUALIFY FOR A NONCONFORMING. AND THAT WAS THE FIRST APPLICATION. UM, OFFICIALLY THIS APPEAL IS FOR THE SECOND APPLICATION, WHICH ONLY ONE FORM WAS TURNED IN. AND THAT'S ALL THE EVIDENCE WE RECEIVED. OKAY. I'M, I'M GETTING MORE CONFUSED NOW. SO, SO, SO THEY, THEY APPLIED AND THAT WAS DENIED. IS THAT CORRECT? THE FIRST, THE FIRST APPLICATION WAS DENIED? CORRECT. OKAY. AND THEN THEY APPLIED A SECOND TIME AND THEN THAT ONE WAS ALSO DENIED. CORRECT. AND SO, AND THE FIRST TIME [00:30:01] THROUGH, YOU KNOW, UM, DO WE KNOW, DO WE UNDERSTAND WHY IT WAS DENIED THE FIRST TIME? SO I'M TRYING TO UNDERSTAND, FOR LACK OF EVIDENCE, THEY DIDN'T PROVIDE THE EVIDENCE NEEDED IN ORDER TO SUPPORT THAT THEY WERE OPERATING. SO THE NON-CONFORMING USE WAS DENIED. SO IT WAS AN OPERATIONAL THING. SO IF THEY, IF THEY HAD A PICTURE OF A CAR ON THE LOT, UM, YOU KNOW, THAT DOESN'T NECESSARILY MEAN YOU'RE OPERATING. OKAY. IF THEY HAD A CPS BILL, UM, AND ONE OF THE, UH, LICENSE USE AUTO PARTS PARTS RECYCLER, THEY HAVE TO GET A LICENSE FROM THE CITY EVERY YEAR THAT IS PART OF THE LEGAL USE. SO EVEN IF THEY HAD A CAR, EVEN IF THEY WERE ACTIVELY CONDUCTING BUSINESS AS IF THEY DON'T HAVE A LICENSE FROM THE CITY, THEY'RE NOT CONDUCTING IT LEGALLY. AND SO WE WOULD ARGUE THAT OPERATION DOESN'T MEAN THAT YOU'RE LEGALLY OPERATING. IT TALKS ABOUT OPERATION AND IT TALKS ABOUT THE USE OF THE PROPERTY. AND I UNDERSTAND WHY THAT DISTINCTION IS ABSOLUTELY HOW THE CITY WANTS TO INTERPRET IT. BUT UNFORTUNATELY THAT'S NOT THE WAY THAT THE CODE INTERPRETS OPERATION. YOU KNOW, IT'S WHETHER OR NOT IT IS BEING OPERATED AND USED AS THAT TYPE OF PROPERTY, WHETHER IT'S LEGAL OR ILLEGAL, IS NOT HERE FOR, UM, DEVELOPMENT SERVICES TO DETERMINE THAT'S A MUNICIPAL COURT. THAT'S A MUNICIPAL COURT ISSUE. AND SO OUR ARGUMENT IS THAT IT IS CONTINUED TO BE OPERATED, UM, AND THE, WITH THE NON-CONFORMING USE THROUGHOUT ALL OF THOSE YEARS. IN FACT, THE PRIOR OWNER THAT THEY PURCHASED IT FROM MR. HALAL CAR, HE HAD OVER 26 VIOLATIONS AT THE TIME OF FORECLOSURE FOR THE SAME THING OPERATING WITHOUT A VIOL VALID LICENSE. THEY CAN'T ISSUE THESE OPERATING WITHOUT A VALID LICENSE AND THEN COME BACK AROUND AND SAY, I'M SORRY. OKAY. SO HE WAS ISSUED A CITATION FOR OPERATING WITH A, WITHOUT A VALID LICENSE, BUT IN 2017 WHEN HE APPLIED FOR NON-CONFORMING USE, IT WAS GRANTED, IT WAS GRANTED EVEN THOUGH HE DIDN'T HAVE A LICENSE. SO WHEN YOU, OKAY, SO HOLD ON A SECOND. SO YOU, SO YOU GET, YOU COME IN THERE AND YOU'RE, YOU'RE OPERATING, BUT WHEN DID YOU FIRST APPLY FOR THE LICENSE? I, WE'VE HEARD OF WHEN YOU APPLIED FOR NON-CONFORMING, BUT WE APPLIED FOR IT IN 2022. OKAY. AND WAS THAT APPROVED OR DENIED? IT WAS APP, WE APPLIED FOR 2022, BUT THE APPLIC THE APPLICATION WAS SUBMITTED IN 2022 FOR 2023. AND WE RECEIVED THE 2023 LICENSE. YOU DID RECEIVE IT 20? YES, IT'S, IT'S IN THE, IT'S IN THE PAMPHLET AND WE OF 2023 WE RECEIVED IT. AND THAT'S FROM THE CITY OR? SO I GOT FROM THE STATE AND FROM THE CITY. OKAY. SO JUST, YEAH, WE GOT ALL KINDA LICENSES FLYING BY ME. SO, SO, SO THE CITY APPROVED ONE IN 2022. IT'S IN THE PAMPHLET, BUT YOU'LL YEAH. SO I, YOU'LL BE ABLE TO SEE THAT YOU GOT A LOT OF PAGES, PAMPHLETS. SORRY. YOU OVERWHELMING. WELL, THEY SAID WE DIDN'T HAVE ENOUGH DOCUMENTS. YEAH, WE'RE GONNA BRING Y'ALL SOME DOCUMENTS. OKAY. OKAY. ALRIGHT. IS THERE QUESTION? AND THE QUESTIONS LAST PAGE ALSO, IF YOU SEE THE LAST PAGE EVERYONES ZONED, UM, C3. OKAY. YEAH, I SAW THAT ON THE PRESENTATION. I DID WANNA BRING UP SOMETHING ELSE. THERE HAS BEEN A HISTORY PLEASE, OF THESE TYPE OF PROPERTIES. I'M SORRY, I DIDN'T MEAN TO INTERRUPT YOU. THAT'S ALL RIGHT. I'M HA MY EARS ARE COMPLETELY CLOGGED. WELL, I, I JUST WANTED TO SEE IF THERE'S ANY OTHER QUESTIONS. OH, ZUNA, COMMISSIONER ZUNA, I, I'M STILL HAVING SOME TROUBLE UNDERSTANDING WHY WE HAVE ALL THESE RECORDS OF, UH, INSPECTIONS REPORTING THAT THE BUSINESS WAS CLOSED. WAS IT CLOSED OR NOT? IT'S JUST, IT'S JUST NOW, NOW I'M, I'M GETTING THE SAME INSPECTIONS AS IF I'M CLOSED, BUT I'M NOT CLOSED. BUT IT'S LIKE THE CI THE CITY CODE ENFORCEMENT WANTS US TO BE CLOSED 'CAUSE WE DON'T HAVE OUR, OUR OUR LICENSE FOR 2023. BUT I AM STILL OPEN. I'M NOT SURE IF LEGALLY I'M SUPPOSED TO BE OPEN OR NOT, BUT I AM STILL OPERATING. WELL, YOU KNOW, WHETHER IT'S OPERATING OR NOT IS IS ONE QUESTION, BUT I I I REALLY JUST DON'T UNDERSTAND HOW, HOW THE INSPECTORS CONCLUDED THAT THE BUSINESS WAS CLOSED, WHETHER IT WAS LEGAL OR NOT IS ANOTHER ISSUE. MM-HMM. OR HOW THEY DECIDED IT WAS CLOSED. IF YOU SAY IT WASN'T CLOSED. WE ALSO SENT AN EMAIL TO THEM IN JANUARY OF 2023 SAYING THAT WE ARE OPERATING, WE ARE IN BUSINESS AND THAT EMAIL IS IN THAT PACKET AS WELL. AND SO THEY WERE JUST MAKING A DETERMINATION ON A FORM. WE GONNA SPEAK ON A MIC, PLEASE. I'M SO SORRY. I'M LOUD. SO, UM, THEY WERE JUST MAKING A DETERMINATION ON A FORM. I DON'T THINK THAT THEY CONSIDERED THE LEGAL REPERCUSSIONS OR IMPLICATIONS OF FILLING THAT FORM OUT. UM, AND SO YOU'RE SAYING THE INSPECTOR DIDN'T ACTUALLY PHYSICALLY GO OUT AND SEE THE PROPERTY. HE PHYSICALLY WENT OUT AND SAW THE PROPERTY, BUT I THINK THAT HE JUST DESIGNATED IT AS CLOSED BECAUSE THAT'S WHAT HE THOUGHT WAS A PROPER DESIGNATION BECAUSE THERE WASN'T A VALID LICENSE. HE BELIEVED IT SHOULD BE CLOSED. IT HAD NOTHING TO DO WITH WHETHER OR NOT IT ACTUALLY WAS CLOSED. BUT ALSO ALSO VASQUEZ, COMMISSIONER VASQUEZ? UH, YES, SIR. UH, HOLD ON, HOLD ON. COMMISSIONER VASQUEZ ZUNA WAS NEXT IN LINE. I'M SORRY, GO AHEAD. NO, GO AHEAD MR. UNA. NO. SO THIS, THE CITY'S MAKING A COUPLE OF RECOMMENDATIONS HERE. EITHER THE APPEAL WHICH WE'RE HEARING TODAY OR TO APPLY FOR THE REZONING TO I TWO AS HEAVY INDUSTRIAL. WHAT IS THE, UM, WHAT IS A HARDSHIP IF YOU WERE TO HAVE TO REAPPLY FOR ZONING ON THE PROPERTY? WELL, FIRST WE, WE WOULD BE DELAYED. YOU KNOW, WE'VE ALREADY BEEN DELAYED OVER A YEAR AT THIS POINT OF TRYING TO SUBMIT APPLICATIONS. WE WOULD PROBABLY CONTINUE TO GET MUNICIPAL COURT VIOLATIONS. AND, UM, I THINK WE'VE ALL SEEN [00:35:01] THE NEWS AND WHAT'S GOING ON WITH THESE RECYCLING ENTITIES. I THINK THE LIKELIHOOD OF US BEING ABLE TO ACHIEVE THAT ZONING IS UNLIKELY THERE. IT'S, THIS IS A HOTBED POLITICAL TOPIC RIGHT NOW AND, UM, THAT HAS NOTHING TO DO WHETHER OR NOT THIS PROPERTY IS APPROPRIATE FOR A NON-CONFORMING USE. SO WE WOULD BE BACK HERE IN FRONT OF YOU WITH ALL THESE DOCUMENTS AGAIN AND SIX MONTHS LATER AND, YOU KNOW, EMPLOYEES WOULDN'T BE GETTING THEIR, WOULDN'T HAVE THEIR JOBS. WE WOULD BE LOSING JUST A LOT OF REVENUE AND THE CITY WOULD BE LOSING REVENUE OFF THE PROPERTY. THANK YOU. COMMISSIONER VASQUEZ? YES, I THINK, UH, THE QUESTION IS FOR STAFF. UM, AND I THINK, UH, I'M HEARING, UH, LIKE, LIKE A DISPUTE OR OR ARGUMENT OF, OF DEFINITION. AND, AND SO, UH, AS, AS A THIRD PARTY WOULD, WOULD, WOULD COME OUT AND HEAR US HERE SAYING, OKAY, WELL IS THIS A PROPERTY OPENED OR CLOSED? SO I THINK THERE, IS THERE A, I'M ASKING THE, THE STAFF, IS THERE A DEFINITION OF WHAT A S YARD LOOKS LIKE WHEN IT IS OPEN? SO, AND WHEN IT CLOSED, I DON'T THINK THERE'S A, I DON'T THINK THERE'S A ISSUE WITH WHAT IT LOOKS LIKE. I THINK THE ISSUE IS, WAS IT OPERATING LEGALLY? SO IF I START OPERATING A BAR WITHOUT A-T-A-B-C LICENSE OR IN A RESIDENTIAL ZONE AND I DO IT FOR FIVE YEARS WITHOUT GETTING CAUGHT, THAT DOESN'T MEAN I GET APPROVED FOR NON-CONFORMING. UM, SO YOU HAVE TO BE OPERATING LEGALLY WITH EVERYTHING CHECKED OFF. AND ONE OF THE REQUIREMENTS FOR THE CITY OF SAN ANTONIO IS YOU HAVE TO HAVE A LICENSE FOR THOSE SPECIFIC USES AND PLUS IT'S THE USE RIGHT, OF THE PROPERTY. SO THE ZONING IS THE C3 R, WHICH MEANS YOU CAN DO ACTIVITIES THAT ARE ALLOWED IN A C3, BUT, BUT THE ACTIVITY THAT THEY'RE PERFORMING IS NOT ALLOWED IN THAT ZONING DESIGNATION. SO THAT IN ITSELF IS A VIOLATION. UM, THE NON-CONFORMING USE, UM, WAS DENIED FOR AN, I I THINK THERE'S A NUMBER OF THINGS THAT HAVE HAPPENED HERE. ONE, THEY PURCHASED THE PROPERTY AND THEN TRIED TO CONTINUE TO UTILIZE IT WITHOUT GETTING THE PROPER PAPERWORK FIRST. AND THEN THEY DID SUBMIT THE PAPERWORK AND WHEN THEY ASKED FOR AN OPEN RECORDS REQUEST, THAT REQUEST WENT THROUGH. HOWEVER, THERE WASN'T ANYTHING TO SUPPORT, SUPPORT WHAT THEY NEEDED IN ORDER TO GET THEIR NON-CONFORMING USE. AND THEN THEY SUBMITTED AGAIN AND AGAIN, IT CAME BACK AS A DENIAL BECAUSE WE DON'T HAVE THE RECORDS THAT INDICATE CONTINUAL USE OF THE PROPERTY. YOU SEE, AND THAT IN THE SENSE OF OPERATING A SALVAGE YARD. RIGHT. I I BELIEVE, UH, SHE'S GOT, YEAH, SHE HAS, UH, SOME COMMENTS TO MAKE. UH, YES. SO ON THE INSPECTION FORMS THAT YOU'RE SEEING FOR THE INSPECTIONS, I WANTED TO CLARIFY ON THAT. IT'S NOT THAT THE OFFICER IS BELIEVING THAT THEY'RE OPERATING ILLEGALLY. WELL, THEY WERE WITHOUT A LICENSE, BUT HOWEVER, WHAT IT, WHY, WHY THEY'RE SAYING CLOSE FOR THE INSPECTION IS BECAUSE WHEN THEY GO DURING NORMAL BUSINESS HOURS TO INSPECT THE PROPERTY RANDOMLY IS, WHICH WE WE DO, THEY'RE CLOSED, THERE'S, THERE'S, THE DOORS ARE LOCKED, NO ONE'S THERE TO LET THEM IN BECAUSE WE DO GET ESCORTED INTO THE YARDS IN ORDER TO WALK THE YARD AND VERIFY IF THERE'S ANY CODE VIOLATIONS. SO EACH TIME THAT THEY'VE GONE THAT THOSE TIMES ARE LISTED, THE BUSINESS IS CLOSED. SO SHE STATED THAT SHE WAS OPERATING ONLINE. WE WERE NOT AWARE OF THAT. AT LEAST I'M NOT, AS THE ZONING SUPERVISOR FOR THE PAST YEAR WAS AWARE OF ANY OF THAT. OKAY. SO LET'S, DO YOU FILING YEARLY TAX RETURNS? UM, THERE ARE YEARLY TAX RETURNS FILED YEAH. ON THIS PROPERTY, THIS YEARLY TAX RETURN THAT SHOWS, THAT SHOWS THAT THERE WAS ACTUAL STUFF HAPPENING THERE. YES. AND WE SENT AN EMAIL TO THE CITY ON JA IN JANUARY OF 2023 SAYING WE ARE OPERATING OUT OF THIS LOCATION. SO YOU, SO YOU HAD, SO YOU, AND AND FOR THE 2023 CALENDAR YEAR YOU HAD A TAX RETURN THAT SHOWED REVENUE? YEAH, YEAH. YES. OKAY. UM, I ALSO WOULD LIKE TO ADDRESS ONE OTHER THING. THERE HAVE BEEN AT LEAST TWO CASES IN THE PAST WHERE A AUTO SALVAGE YARD HAS LOST ITS NON-CONFORMING USE BECAUSE THEY HAVE, UM, YOU KNOW, SWITCHED OWNERSHIP OR MAYBE LOST A LICENSE. BOTH ACME AND INTERNATIONAL HAVE LOST THEIR NON-CONFORMING USE FOR LOSING THEIR LICENSE. THEY REAPPLIED FOR THAT NONCONFORMING USE AND THEY NOW HAVE THEIR NONCONFORMING USE JUST LIKE THEY DID BEFORE. WHAT YEAR WAS THAT? I DON'T HAVE IT BECAUSE THE OPEN RECORDS REQUESTS ARE NOT COMING BACK. AND SO WHEN, YOU KNOW, I UNDERSTAND THAT THERE'S A LOT OF DIFFERENT DEPARTMENTS PLAYING INTO THIS, BUT WE ARE ASKING FOR OPEN RECORDS REQUESTS FOR LICENSES. IT'S VERY SPECIFICALLY FOR PEOPLE LIKE ACME AND INTERNATIONAL OR HALAL CARIC AND THEY'RE COMING BACK AND SAYING, NO RECORDS EXIST. THERE'S NO WAY THAT LICENSES DON'T EXIST FOR THOSE PEOPLE BECAUSE THEY'RE CURRENTLY IN OPERATION. OKAY. AND SO WE'RE NOT GETTING THE FORMS THAT WE NEED. OKAY. MANNA COMMISSIONER MAN. SO, AND IF I UNDERSTOOD CORRECTLY, YOU SAID, OR THE CITY OR SOMEBODY SAID THAT THERE WAS AN A, UH, LICENSE BY THE CITY, UH, APPROVED QUOTE IN ERROR. IS THAT IN THIS PACKET AS WELL OR IS IT SO IS, UM, SO [00:40:01] I WAS JUST LOOKING FOR IT. I JUST COULDN'T FIND IT. IT'S SO AND WHEN AND WHEN WAS THAT? SO THE, WHEN SAYS 23 MAY OF 2023. OKAY. AND THEY'RE AN ANNUAL LICENSE THAT EXPIRE AT THE END OF THE YEAR. ALSO EVEN AN EMAIL. I MEAN, I DON'T BELIEVE THAT IT WAS, YOU HAVE TO SPEAK INTO THE MICROPHONE. SORRY. THERE'S ALSO AN EMAIL. I DON'T BELIEVE IT WAS AN ERROR 'CAUSE THERE WAS AN EMAIL AND SPECIFICALLY IN THE EMAIL IT SAYS THAT YOUR APPLICATION WAS FORWARD TO ZONING SUPERVISOR WILL REVIEW FOR APPROVAL. SO I HAD TO, I HAD TO GO THROUGH ZONING FOR APPROVAL FOR THAT LICENSE. THERE WAS NOTHING THAT WAS OKAY. UH, IF, IF, IF THERE'S ANY OTHER COMMISSIONERS THAT HAVE A QUESTION, SIR, UH, MR. VA VELAZQUEZ, COMMISSIONER VAZQUEZ, I STILL, UH, WOULD LIKE TO GET A LITTLE CLARIFICATION OR AT LEAST PUT IT INTO THE RECORD. UH, I, I, I WANT TO KNOW BECAUSE NOW, UH, THE, THE, THE COMMENTS HAVE MADE, UH, IS IT OPERATING AS, YOU KNOW, THE, THE, THE THIS PROPERTY IS OPERATING AS WHAT? YOU KNOW, THERE SEEMS TO BE A, LIKE A DISAGREEMENT OF WHAT CONSTITUTES OPERATION BE. BECAUSE IF, IF, IF, IF, IF THERE'S A NUMBER OF, UH, OF, OF UM, SALVAGE VEHICLES ON THE PROPERTY, THEY'RE JUST SITTING THERE INERT, THERE'S JUST NOTHING IS HAPPENING THERE THEY ARE. WHAT DOES THAT CONSTITUTE? THAT THE, THAT THE SALVAGE YARD IS OPERATIONAL? RIGHT. AND, AND AGAIN, I DON'T THINK WE'RE DISAGREEING WITH, IF YOU GO THERE, IT DEFINITELY LOOKS LIKE AN AUTO SALVAGE YARD AND I DON'T THINK ANYBODY IN STAFF IS DISAGREEING WITH THAT. BUT WHAT WE'RE SAYING IS IF YOU DON'T HAVE A LICENSE, YOU ARE NOT LEGALLY OPERATING THAT USE. AND ON TOP OF THAT, SOME OF THE OTHER DOCUMENTATION THAT WE UTILIZE IS, AS THE CHAIR HAS ALLUDED TO, WE DO UTILIZE UTIL UTILITY BILLS, SAW, SAW BILLS, THOSE TYPES OF THINGS. AND ALSO IF THEY DO HAVE REGULAR DELIVERIES OF SOME SORT OF, SOME SORT OF BUSINESS TRANSACTIONS THAT THEY DO WITH OTHERS, THEY CAN SUPPLY THAT AS WELL. WE GIVE THE APPLICANTS AS MUCH LATITUDE AS THEY NEED TO PROVIDE EVIDENCE THAT THEY HAVE BEEN OPERATING THEIR BUSINESS ON THAT PROPERTY CONTINUOUSLY FOR AT LEAST 12 MONTHS. AND WE DO NOT HAVE THAT DOCUMENTATION IN THIS INSTANCE. OKAY. THANK YOU THAT THAT CLARIFIED IT FOR ME. ALRIGHT, SO IF THERE'S NOTHING ELSE, UM, WE'LL YOU GOT A MINUTE TO PROVIDE ANYTHING YOU WANT US TO HEAR ANY REBUTTALS, BUT, UM, WE CAN MOVE ON TO A MOTION ON THIS. IN TERMS OF OPERATION OFFICER, I WANNA SAY IT'S TEDA, NOT NIA TE TEJEDA IS, UM, TESTIFIED IN MUNICIPAL COURT THAT THERE HAD BEEN NEW VEHICLES THAT HAVE BEEN BOUGHT, BROUGHT TO THE PROPERTY SINCE THE PURCHASE IN 2021. AND SO, UM, I THINK THAT THERE IS EVIDENCE OF OPERATION. I THINK THAT THERE IS EVIDENCE THAT, UM, A NONCONFORMING USE IS APPROPRIATE FOR THIS PROPERTY BECAUSE OF THE CHARACTERISTICS OF THIS PROPERTY. I THINK THE NEIGHBORS ARE ON BOARD WITH IT AND I THINK THAT THERE HAS BEEN A PAST PRECEDENT THAT WHEN PEOPLE LOSE THEIR NONCONFORMING USE LICENSE SO THEY CAN REAPPLY AT SOME FUTURE DATE AND SHOW THAT EVIDENCE AND, UM, GET APPROVAL FROM THIS BOARD. SO WE WOULD REQUEST, UM, THAT YOU DO A GRANT OUR APPROVAL IN ORDER FOR US TO MOVE FORWARD, UM, BOTH FOR THE EMPLOYEES AND FOR UM, THE OWNERS OF THE ENTITY. OKAY. SO WITH THAT, THANK YOU VERY MUCH. UH, COME ON UP. WE HAVE ONE MORE SPEAKER WE NEED TO HEAR FROM BEFORE WE MOVE ON. GOOD AFTERNOON EVERYONE. MY NAME IS AMIN THOMAS, DEPUTY DIRECTOR AT DEVELOPMENT SERVICES. I HEARD A LOT OF THINGS AND I KNOW IT'S CONFUSING FOR EVERYONE. COUPLE OF THINGS. NUMBER ONE, THEY MENTIONED THAT THEY DID HAVE AN UNCONFIRMED USE IN 2017. THAT IS NOT ACCURATE. SO I JUST WANNA CORRECT THE RECORD. YOU CANNOT OPERATE A BUSINESS ILLEGALLY AND THEN COME AND SAY, I'VE BEEN IN BUSINESS FOR A LONG TIME, THAT DOESN'T COUNT. THE NONCONFORMING USE IS ALLOWED IF YOU ARE IN OPERATION AND YOU ARE CONTINUING TO STAY IN OPERATION. SO THEY DID MENTION A FEW THINGS. THEY MENTIONED THAT SINCE THEY PURCHASED THE PROPERTY THEY BROUGHT NEW VEHICLES IN THAT THAT COULD BE CORRECT. I DON'T WANNA SAY YES OR NO, BUT EVEN IF IT'S CORRECT, THAT'S OKAY. THE, THE ISSUE HERE IN HAND IS SINCE 2017 FROM THE PREVIOUS OWNER, HE BASICALLY SHUT DOWN THE BUSINESS AND THEY, THEY DID MENTION THAT HE WENT OUT OF BUSINESS, THEY DID TALK ABOUT THAT. SO FROM 2017 TILL THEY PURCHASED THE PROPERTY IN 2021, THERE WAS NO OPERATION SINCE THEY PURCHASED THE PROPERTY IN 21. IF, IF THEY OPERATED ILLEGALLY, THAT IS WRONG. SO THAT DOES NOT GIVE THEM THE RIGHT TO HAVE NCU. SO THE BOTTOM LINE IS THEY SHUT DOWN FROM 2017 TO 2021 AT LEAST. SO THAT'S FOUR YEARS. UDC SAYS IF YOU SHUT DOWN FOR 12 MONTHS, YOU LOSE THE NONCONFORMING USE. THAT'S THE BOTTOM LINE. OKAY. MANANA COMMISSIONER MANANA. SO QUESTION IS, SO IN 2023 THERE WAS A PERMIT PROVIDED BY THE CITY GRANTING THEM, UH, I GUESS THE LICENSE. CORRECT. AND SO [00:45:01] IF IT WAS AN APPROVED OR IF IT, UH, DOES THE NON-CONFORMING USE PLAY INTO THE PERMITTING OF THAT NORMALLY ON, ON ANY OF THE OTHER PROPERTIES? SO THAT, THAT, UM, WE DID NOT ISSUE AN NONCONFORMING USE IN 2023. THEY APPLIED FOR THE PERMIT. UM, THE STAFF MISSED THAT THEY DID NOT LOOK FOR THE NCU AND THEY ISSUED THE LICENSE BY MISTAKE. WHEN WE WENT BACK AND LOOKED AT IT, WE SAID WHERE IS THE NCU? THE LAST NCU WAS 2015 AND SINCE THEN THE BUSINESS SHUT DOWN. THAT'S WHY WE ACTUALLY REVOKED THAT LICENSE AND SAID THAT WAS ISSUED BY ERROR. SO IT'S, SO JUST TO BE CLEAR, SO YOU, THE CITY DID ISSUE A LICENSE IN 20, THIS IS A LEGITIMATE LICENSE 2023? CORRECT. OKAY. AND THEN, ALRIGHT, THANK YOU VERY MUCH. THANK YOU. UH, WE ALWAYS LET THE A YOU HAVE ANY OTHER QUESTIONS FOR, WELL, PART OF THAT WAS, I KNOW THE APPLICANT PROVIDED TESTIMONY THAT SHE WENT TO THE CITY TO MAKE SURE THAT THEY WERE OPERATING WITHIN THEIR CONFORMING USE AND, AND THE PER ALL THE VIOLATIONS WOULD'VE BEEN CLEARED AND THE CITY CAME BACK AND I GUESS PART OF THAT PERMIT APPROVAL AND THEY WERE BASING THEIR GOOD FAITH IS FROM MY UNDERSTANDING IS YEAH, I, I UNDERSTAND. WE'LL DELIBERATE ABOUT THAT. UH, WE ALWAYS LET YOU HAVE THE LAST WORD. SO IF YOU WANT TO BRIEFLY REMARK TO ANYTHING YOU, WE JUST HEARD BEFORE WE MOVE ON TO A MOTION. SO YOU'LL SEE A RECEIPT IN HERE PAID BY MR. UBIC IN 2016 FOR HIS NON-CONFORMING USE APPLICATION. SO TO SAY THAT THERE WAS NOT A NON-CONFORMING USE SINCE 2015 IS INACCURATE. YOU KNOW, THIS PA THIS CASE HAS BEEN A PAPERWORK NIGHTMARE. A PAPERWORK NIGHTMARE. AND HE CONTINUED TO, HE FIRST PURCHASED THAT PROPERTY IN 2016. SO THE CITY WANTS YOU TO BELIEVE THAT HE GETS, PAYS FOR HIS NONCONFORMING USE IN 2016 AND THEN HE JUST DOESN'T OPERATE. IT'S NOT WHAT HAPPENED BECAUSE THEY CONTINUED TO ISSUE CITATIONS FOR OPERATING WITHOUT A LICENSE. THEY ISSUED 20, AT LEAST 26 CITATIONS THAT I KNOW ABOUT THAT I WENT TO COURT FOR, UM, WITH MY PRIOR CLIENT WHO WAS HOLDING, HOLDING THE NOTES. SO SHE WAS ACTUALLY RESPONSIBLE FOR THOSE VIOLATIONS AS WELL. AND IT WAS MY UNDERSTANDING AND I PERSONALLY SAW HIM MOVING VEHICLES IN AND OUT OF THIS PROPERTY. NOW I UNDERSTAND THE CITY'S POSITION, WE'RE NOT GONNA GIVE A NON-CONFORMING USE BECAUSE YOU SLIPPED UNDER THE RADAR AND VIOLATED THE LAWS ALL THIS TIME. THAT'S NOT WHAT WE'RE ASKING FOR. WE'RE ASKING FOR A NON-CONFORMING USE BECAUSE THE NEIGHBORS AGREE 'CAUSE IT'S AN APPROPRIATE USE OF THE PROPERTY AND BECAUSE WE HAVE FILED THE APPLICATIONS PROPERLY. SO, OKAY, THANK YOU VERY MUCH. OKAY, I'M LOOKING FOR A MOTION. OH, ZUNA COMMISSIONER ZUNA REGARDING CASE NUMBER BO A DASH 24 DASH THREE SIX. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE APPEAL FOR THE PROPERTY SITUATED AT 9 6 5 5 NEW LAREDO HIGHWAY APPLICANT BEING CHRISTINA RAMIREZ. BECAUSE OF THE INFORMATION PROVIDED BY THE APPLICANT SHOWS THE CITY STAFF MADE AN ERROR IN THE DENIAL OF THE NON-CONFORMING USE. SECOND. SECOND BY COMMISSIONER MANNA. COMMISSIONER ZUNA RIGHT AFTER LISTENING TO THE TESTIMONY BOTH ON THE CITY AND WHAT THE APPLICANT PROVIDED, UH, VERY DETAILED INFORMATION. UM, I AM GOING TO SUPPORT THE VARIANT OF, OF SUPPORT THE, UH, REQUEST, UH, FOR THE APPEAL. UM, I THINK THAT THEY MADE THEIR GOOD EFFORT, GOOD FAITH EFFORT. I THINK THAT THE PAPERWORK, AS YOU KNOW, IS KIND OF CONVOLUTED AND NOT THE CITY NOT PROVIDING THE, UM, INFORMATION THAT WOULD'VE BEEN HELPFUL IN CREATING THE BACKSTORY. UH, I THINK MAYBE THE BUSINESS TAX RETURNS WOULD'VE HELPED SUPPORTED, UH, THE ONGOING USE, UH, OF THE REVENUE AT LEAST OF THE PROPERTY. AND GIVEN THE PREPONDERANCE OF WHAT I'VE BEEN HEARING THE EVIDENCE, I THINK THAT BUILDS A CASE TO GRANT THE APPEAL TO THE APPLICANT. COMMISSIONER MANNA, I CONCUR WITH MY COLLEAGUE AND, UM, AND ADDITIONALLY, YOU KNOW, I THINK, YOU KNOW, A A UM, LICENSE WAS GRANTED AND WHILE IT WAS AN ERROR, UM, YOU KNOW, A LICENSE WAS GRANTED AND, YOU KNOW, TIME AND, AND, AND MONIES WERE SPENT, UH, YOU KNOW, SUPPORTING THE BUSINESS. AND SO, UM, YOU KNOW, IT'S UNFORTUNATE THAT THE CITY MADE THAT ERROR AND YOU KNOW, AND BASICALLY I'M SUPPOSED TO DETERMINE IF THE CITY MADE AN ERROR AND I JUST HEARD THE CITY MADE AN ERROR AND SO I'M STARTING FROM THERE. SO ANYONE ELSE LIKE TO ADD? UH, I'M GONNA CHIME IN. I I'M GONNA BE SIDING WITH THE APPLICANT ON THIS FOR A COUPLE REASONS. UH, I DON'T, I DON'T THINK MY, MY ROLE HERE IS, IS TO SEE WHO YOU KNOW, WHO IS BEING MORE FORTHCOMING OR WHO'S CORRECT. UM, THEY'RE HERE TO APPEAL A DECISION. AND SO IN THIS PARTICULAR CASE, WE HAVE A, AN INDIVIDUAL WHO HAS APPLIED THROUGH A FOR A MY OF LICENSE WITH A MI OF, OF ENTITIES AND AGENCIES THROUGHOUT THE CITY AND THE STATE. UM, OBVIOUSLY SOMETHING FELL THROUGH THE CRACKS, BUT UH, THEY APPARENTLY WANT TO BE IN BUSINESS. THEY HAVE BEEN IN BUSINESS, UH, DO THE TAX RETURN AND OTHER TESTIMONY. SO I THINK THAT, UM, UH, WE SHOULD WASH AWAY ALL THESE THINGS AND, AND GIVE IT TO 'EM. SO WITH THAT, LET'S HAVE RULE CALLED VOTE COMMISSIONER ZUNA. YES, I CONCUR. COMMISSIONER MANA? YES, I CONCUR. COMMISSIONER BARON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER BONIS? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ. I WILL CONCUR. [00:50:01] COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER BENAVIDES. I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR. MOTION PASSES. UM, YOU HAVE YOUR FRESH START. I HOPE NOT TO SEE YOU HERE AGAIN. . THANK YOU. THANK YOU. APPRECIATE YOUR TIME. THANK YOU. ITEM TWO, PLEASE. THANK YOU. IS EVERYTHING GOING OKAY? YES. GIVE US ONE MOMENT PLEASE. ALL RIGHTY. WHILE WE'RE REMAINING WAITING, UH, I GUESS WE CAN WORK ON THE MINUTES. GET THAT OUT OF THE WAY. EVERYBODY HAVE A CHANCE TO LOOK AT THE MINUTES AND I KNOW COMMISSIONER BARTON AND MYSELF HAD HAD SOME COMMENTS. STAFF. STAFF DID THE COMMENTS FROM MYSELF AND COMMISSIONER BARTON OR ANYONE ELSE, DID THEY ALL GET UH, ADDRESSED? YES SIR, THEY DID. ALL RIGHT. IS THERE ANY OTHER CRUZ COMMISSIONER CRUZ? WELL, WHEN WERE THEY SENT OUT? BECAUSE I NEED TO, THEY WERE SENT, UH, THEY WERE INCLUDED IN THE PACKET OVER THE WEEKEND. UM, WELL, YOU KNOW, UH, I WE HAVE TWO MEETINGS BACK TO BACK. I TAKE TWO DAYS OFF ON SATURDAYS AND SUNDAYS. OKAY, WHEN YOU HAVE, I'LL GO BACK AND LOOK AT 'EM. THE REVISED VERSION WAS SENT OUT JUST BEFORE LUNCHTIME TODAY. OH, CORRECT. PLENTY OF TIME, . OKAY. IS THERE, IS THERE A MOTION TO APPROVE THE MINUTES? UH, YEAH, LET THE RECORD SHOW WE'RE APPROVING, UH, CORRECTED MINUTES. THE REVISED MINUTES THAT WERE EMAILED OVER PREVIOUSLY. IS THERE A SECOND? SECOND. ALL RIGHT, SO YOU HAVE A MOTION AND A SECOND. ALL IN FAVOR SAY AYE. AYE. ANY OPPOSED? HEARING NONE. MOTION PASSES FOR THE MINUTES. OKAY. ALL RIGHT. ITEM TWO. GOOD AFTERNOON. MY NAME IS JUAN ALVAREZ, PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER TWO IS REQUESTED BY MICHAEL GONZALEZ AND IS REQUESTING FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE LOCATED AT 1230 RIVA STREET IN CONTRA DISTRICT FIVE. THE SUBJECT PROPERTY IS LOCATED AT 1230 RIVA STREET SURROUNDING USES INCLUDE RESIDENTIAL, SINGLE FAMILY AND VACANT LOTS. THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE PER THE CODE TYPE TWO SHORT-TERM RENTAL SHALL BE LIMITED TO NO MORE THAN ONE EIGHTH, 12.5% OF THE TOTAL NUMBER OF SINGLE FAMILY DUPLEX, TRIPLEX, OR QUADPLEX UNITS ON THE BLOCK FACE. THERE IS 12 UNITS CURRENTLY ON THE BLOCK. ONE ACTIVE STR TYPE TWO IS ALREADY ON THE BLOCK PHASE BEING 1234 RIVA STREET ISSUED ON OCTOBER 10TH, 2022. THE BLOCK PHASE IS CURRENTLY AT 8% AND IF ADDITIONAL TYPE TWO IS APPROVED, THE BLOCK PHASE WILL BE AT 17%. THIS EXCEEDS THE 12.5 DENSITY LIMITATION FOR TYPE TWO ST. [00:55:02] THIS IS THE SITE PLAN OF THE PROPERTY SUBMITTED AT THE TIME OF THE APPLICATION AND THIS IS THE SUBJECT PROPERTY. AND THE NEXT FEW SLIDES ARE THE NEIGHBORING PROPERTIES AND SURROUNDING AREAS. STAFF RECOMMENDS DENIALS OF THE APPLICANT'S REQUEST FOR THE SPECIAL EXCEPTION AND THERE WERE 52 MAILED NOTICES SENT OUT. ZERO IN FAVOR INTO AN OPPOSITION AND NO RESPONSE FROM PROSPECT, PROSPECT HILL AND WEST END HOPE NEIGHBORHOOD ASSOCIATIONS. THIS CONCLUDES STAFF PRESENTATION. APPLICANT IS HERE TO ANSWER ANY QUESTIONS. ALL RIGHT, THANK YOU VERY MUCH. IS HAVE THE APPLICANT COME FORWARD. THANK YOU. STATE YOUR NAME AND TELL US ABOUT YOUR CASE. HELLO. THANK YOU GUYS FOR HAVING ME. UH, MY NAME'S MICHAEL GONZALEZ. UH, ADDRESS IS 1 3 7 0 7 FRENZI PLACE. UM, I DO HAVE RUSSELL FALLON WITH PROSPECT HILL, UM, HERE TO SUPPORT, UM, THE UM, VARIANCE. AND THEN I'VE ALSO GOT, UM, SUPPORT FROM GREG, UM, JACKSON, UH, WEST END HOPE IN ACTION THERE. DO YOU HAVE ANY OF THOSE DOCUMENTS? I SURE DO. THEY CAN PROJECT IT UP ON THE SCREEN IF YOU HAND THAT TO SURE THING. AND THEN I'VE GOT FOUR SUPPORT LETTERS FROM THE NEIGHBORS, UM, THREE ON THAT ROAD AND THEN ONE ON ROBERT STREET THAT'S RIGHT DIRECTLY BEHIND IT. I THOUGHT IT WOULD BE PERTINENT SINCE THEY'RE SHARING A, A PROPERTY FACE. UM, SO CURRENTLY THEY, UH, THEY, WE'VE GOT 12. ONE OF THE, ONE OF THE DUPLEXES IS WE'VE GOT 12 PROPERTIES THAT ARE DEVELOPED ON THAT SOUTH BLOCK FACE. NONE ON THE NORTH FACE. UM, THERE ARE, UM, 12 THAT ARE DEVELOPED. ONE IS A DUPLEX. HALF OF THAT DUPLEX IS BEING USED AS A SHORT TERM RENTAL. NOW, IN TOTAL, ONCE FULLY DEVELOPED, THERE'LL BE 16 UH, PROPERTIES ON THAT SOUTH BLOCK PHASE. SO MY REQUEST IS TO GRANT EXCEPTION SINCE EVENTUALLY IT WILL BE ABLE TO ALLOW TO HAVE TWO. OKAY. AND YOU HEAR THE, THE, YOUR NEXT DOOR NEIGHBOR IMMEDIATELY TO THE WEST, UH, WAS IN OPPOSITION. DID YOU GET A CHANCE TO SPEAK WITH THEM? I SURE DIDN'T. NO I DIDN'T. I DIDN'T SEE HIM OUT THERE. WENT AROUND TO THE NEIGHBORS A COUPLE TIMES. HE'S RENTING. UM, ONE OF THE PROPERTIES IS A LONG TERM RENTAL. THE OTHER ONE'S THE, THE SHORT TERM DIDN'T GET AN OPPORTUNITY TO SEE THERE TO. ALRIGHT, WE'LL SEE IF THERE'S ANY PUBLIC COMMENTARIES ANYONE SEND TO SPEAK. ANY UH, I UNDERSTAND THAT YOU HAVE A GUEST THAT WOULD LIKE TO SPEAK ON YOUR BEHALF. YEAH, RUSSELL DEAN LAN, PRESIDENT OF PROSPECT HILL HOMEOWNER ASSOCIATION AND TALKING TO THE GENTLEMAN, WE'RE TRYING TO GET SOME OF THE VACANT PROPERTIES RENTED. SO DOING SHORT TERM KIND OF HELPS THAT OUT IN THE NEIGHBORHOOD TO GET 'EM, GET 'EM RENTED, GET PEOPLE IN 'EM. THAT WAY THERE'S LESS BREAK-INS ON SOME OF THESE HOUSINGS THAT STAY EMPTY FOR A LONG TIME. SO I THINK I RECOMMEND GIVING THIS TO THEM SO WE CAN GET SOMEBODY TO OCCUPY 'EM. SO A QUICK QUESTION. UH, WE HEAR TESTIMONY THERE WAS FOUR VACANT, UH, PROPERTIES. RIGHT. ARE ANY OF THEM, UH, PURSUING ANY SORT OF DEVELOPMENT OR, OR DWELLING OR ANYTHING AT THIS TIME? UH, I'M, I'M NOT SURE THERE'S ONE THAT'S JUST ADJACENT TO ME. I ACTUALLY SPOKE TO THE PRIOR OWNER 'CAUSE I JUST, I JUST PURCHASED THE PROPERTY. UM, HE SAID THAT SOMEBODY BOUGHT THE LOT. SO IT'S THE LOT, UM, THAT IS ADJACENT. RIGHT, RIGHT. ADJACENT TO IT. AND THEN, UM, THERE'S ANOTHER VACANT PROPERTY TO THE RIGHT. OKAY. I'M NOT SURE THAT ANYBODY'S PURCHASED IT. STAFF. HAS ANYONE SIGNED UP TO SPEAK ANY, UH, VOICEMAIL? WE'VE GOT ONE, UH, PUBLIC, UM, SILENCE TO SPEAK MR. OR IAN FILE? OH, HE JUST CAME UP. GOT IT CALLED. OH, OKAY. ALRIGHT, SO WE'LL OPEN THIS UP TO QUESTIONS. COMMISSIONER CRUZ. OH, MR. GONZALEZ, DO YOU HAVE ANOTHER PROPERTY IN THAT AREA THAT YOU, THAT BELONGS TO YOU? YES, MA'AM. YES, MA'AM. WHICH PROPERTY IS THAT ONE? UH, IT WAS THE ONE I CAME, I WAS ACTUALLY HERE PROBABLY A COUPLE MONTHS AGO FOR MORALES STREET. I'M DOING A RENOVATION TO, TO REHAB IT. OKAY. BUT PER THE ONE THAT YOU'RE ASKING FOR TODAY, IS THAT THE ONLY ONE YOU OWN OR DO YOU OWN? OH, ON REBA, THE PROPERTY IN THAT STREET? J UH, JUST THE ONE PROPERTY ON REBA. OKAY. THANK YOU. NO PROBLEM. MR. GONZALES, ROSALES. OH, OH YES, GO AHEAD. YES, SIR. THOSE PROPERTIES THAT YOU'RE TALKING ABOUT THAT ARE VACANT, ARE THEY SINGLE RESIDENCE? UM, ARE, DO THEY HAVE RESIDENCE? I'M, I'M NOT SURE THE ONE, A COUPLE OF THE PROPERTIES ARE BOARDED UP. UM, AND SOME OF THE, I'M I'M NOT SURE IF THEY HAVE ANYBODY IN 'EM. I HAVEN'T SEEN ANYBODY OVER THERE. UM, THERE'S ONE THAT'S JUST RIGHT IN FRONT OF ME THAT, UM, HAS A FENCE OVER IT, BUT IT LOOKS LIKE IT'S INDECENT CONDITION. YVAN? YES. COMMISSIONER BUNS. UM, CHRISTIE, I NOTICED THAT THIS PROP, HIS PROPERTY IS MF 33 AND IN ANOTHER CASE, WHICH WAS AN R FOUR, UH, THAT OWNER WAS ALLOWED TO HAVE TWO ST TWOS ON HIS PROPERTY ACCORDING TO THE CODE. IS THIS [01:00:01] THE CASE WITH AN MF 33 ZONING? YEP. UM, I WANNA CLARIFY. SO THIS CASE OR THIS AREA WAS AND HAD A LARGE AREA REZONING APPROVED LAST YEAR AND THE CURRENT MAP? YEAH. AND THE CURRENT MAP ON ONE SUB MAP THAT IS NOW SHOWS R FIVE R TWO RR FOUR, THE MAP THAT WAS SENT OUT HAS THE OLD MF THREE A THREE ON THERE. BUT THAT WE ALREADY REACHED OUT TO OUR LER TEAM TO FIX THAT ERROR. BUT WHAT'S ON THE ONE STOP MAP SHOWS R FOUR R FIVE IN THAT AREA. SO CAN AN R FOUR R FIVE PROPERTY THEN HAVE TWO SDR TWOS ON THEIR PROPERTY? AND, AND THE REASON I'M ASKING IS THAT SINCE IT IS AN R FOUR, IS IT A, IS IT ALLOWED FOR THAT BLOCK FACED Z ZONING TO HAVE AN STR R TWO ZONING DOES NOT ALLOW SHORT TERM RENTALS BY RIGHT. SO THEY WOULD STILL HAVE TO GO THROUGH THE PROCESS. THE ONLY THING THAT ZONING WOULD ALLOW IS IF IT WAS FOR AN R FOUR CD THAT ALLOWS FOR TWO DWELLING UNITS, THEN THAT ALLOWS FOR THE PROPERTY OWNER NOT TO LIVE ON THE PROPERTY. AND THEN THE SECOND, UM, DWELLING TO BE RENTED OUT. HOWEVER, THEY WOULD STILL HAVE TO GO THROUGH THE SHORT TERM RENTAL ORDINANCE PROCESS TO GET, UM, APPROVAL. SO, SO TO EXPAND ON THAT QUESTION, UH, SO R FOUR OR FIVE, THAT'S SINGLE FAMILY, YOU CAN HAVE A HOME, YOU CAN ALSO HAVE A, AN ACCESSORY USE. IS IT POSSIBLE TO HAVE UP TO TWO SDRS IF YOU HAVE AN ACCESSORY ATTACHED ACCESSORY? I JUST EXPLAIN THAT. NO, SIR. ZONING DOESN'T ALLOW IT BY, RIGHT. LIKE THE R FOUR DOESN'T ALLOW IT BY. RIGHT. OKAY. THE ONLY WAY IT CAN BE ALLOWED IS IF IT'S R FOUR CD WITH, THEY HAVE TWO FOR TWO UNITS. SO YOU CAN HAVE TWO DIFFERENT UNITS AND HAVE TWO DIFFERENT PEOPLE LIVING THERE. AS LONG AS THEY'RE NOT TOO SHORT TERM, ONLY ONE CAN BE SHORT TERM. RIGHT. BUT LAUREN HAS MORE INFORMATION SPECIFIC TO THIS PROPERTY, SO SHE'S GOING TO ELABORATE. YEAH. UH, MR. CHAIR TO CON CONFIRM THAT 1224 RIVA STREET IS ZONED REASON ZONE R TWO CD CONDITIONAL USE FOR, UH, TWO DWELLING UNITS. SO THEY, THAT PROPERTY IS ALLOWED TWO UNITS AT THAT PROPERTY. SO THE, THE POTENTIAL FOR THIS BLOCK PHASE IS 17. THEN IF YOU, UH, NO, IT WAS ALREADY INCLUDED IN THE BLOCK COUNT FOR STAFF IF YOU COULD. NO, I MEAN, SO THE APPLICANT HAD MENTIONED THAT IF ALL THE PROPERTIES WERE BUILT OUT, 'CAUSE THERE'S FOUR VACANT ONES OR OR FOUR THAT ARE NOT IN USE, BUT NOW THIS ONE CAN HAVE UP TO TWO. THAT MEANS THERE'S POTENTIALLY 17 THAT COULD BE PUT ON THE BLOCK FACE. WE DON'T, UH, WE DON'T COUNT VACANT LOTS UNTIL, NO, I KNOW, I KNOW. BUT THAT HE, HE WOULD, IT WAS JUST PRESENTED BY THE APPLICANT. I JUST WANTED TO KNOW WHAT THE MAX COUNT WAS FOR THE BLOCK FACE. THAT'S ALL. SO THE BLACK BLOCK FACE IS 12 UNITS BECAUSE STAFF DID COUNT 2 0 3 4 RE 1234 REBA'S AS TWO UNITS. OKAY. FOR THAT BLOCK FACE COUNT. YEAH. AND THEN COMMISSIONER, SO ALSO THE, SO IF I UNDERSTOOD CORRECTLY, OR MAYBE I MISUNDERSTOOD THE ABUTTING PROPERTY, THE 1, 2, 3, 4 IS AN MF 33, UM, PER ONE STOP RIGHT NOW. SO IS THAT JUST NOT UPDATED CORRECTLY YET? SO WHAT'S ON THE ONE STOP MAP IS THE CORRECT MAP ON THE ON FOR PER THE LER REZONING FOR, I KNOW THE MAP THAT'S ON THE SCREEN THAT WAS SENT OUT FOR THE NOTIFICATION AREA, MAJORITY OF THAT AREA WAS INITIALLY MF 33 FOR 1236. I, I WOULD HAVE TO CHECK THE LER UM, ORDINANCE, BUT THAT MIGHT'VE REMAINED AS MF 33. I CAN CHECK THAT REAL QUICK FOR YOU THOUGH. NO, THAT'S, THAT'S ALL RIGHT. ANY OTHER QUESTIONS? BEES COMMISSIONER? BE, I JUST WANNA BE SURE. SO, SO WE'RE NOT COUNTING THE VACANT LOTS BECAUSE THEY'RE VACANT, BUT ONCE THEY GET DEVELOPED, IF LET'S SAY THAT ENTIRE BLOCK WAS DEVELOPED, THEN HE WOULD, HE WOULD FALL, I MEAN, HE WOULD QUALIFY BECAUSE THE CORRECT, WHEN HE WOULD, HE WOULD APPLY FOR THAT APPLICATION. AND IF THOSE VACANT LOTS ARE NOW DEVELOPED, THEN THAT BLOCK FACE COULD BE BLOCK, BLOCK PACE COUNT WOULD INCREASE ON THE NUMBER OF LOTS. OKAY. ANY OTHER QUESTIONS? YEAH. YES. COMMISSIONER BURN. UM, I APPRECIATE THE NEED TO, UH, HAVE THE PROPERTY OCCUPIED RATHER THAN VACANT, BUT, UM, THE PROBLEM I'M UP AGAINST IS EITHER WE HAVE A LIMIT OR WE DON'T. UH, SO I HAVE TO ASK YOU, WHY IS IT NOT PRACTICAL TO MAKE THIS A, A LONG-TERM RENTAL? GREAT, GREAT QUESTION. UM, THE REASON BEING, JUST FROM FI A FINANCING PERSPECTIVE, WHAT I'D HAVE TO ASK FOR IN RENT, EVEN JUST TO BREAK EVEN WOULD BE, UM, IT WOULD BE TOO MUCH FOR THAT AREA. I'D HAVE TO, I'D HAVE TO RENT IT AT LIKE 2100, 20, 2200 FOR THAT PROPERTY AND THAT AREA JUST, IT WOULDN'T SUPPORT IT. THE ONLY, IF I WERE TO LONG TERM RENT IT, THEN I WOULD, I WOULD BE CASH NEGATIVE. AND SO THAT WOULD, THAT'S THE APPROACH FOR SHORT TERM PLUS IT'S A NEW PROPERTY AND IT'S REALLY CLOSE TO DOWNTOWN AND SAN ANTONIO GETS A LOT OF OUT-OF-STATE GUESTS AND THE, AND THE NEIGHBORHOOD'S. NICE. [01:05:03] ALRIGHT. SO WITH THAT, I'M LOOKING FOR A MOTION BENAVIDES COMMISSIONER BENAVIDES, REGARDING CASE NUMBER BO A 2 4 1 0 3 0 0 5 7. I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED A SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO SHORT-TERM RENTAL UNIT SITUATED AT 1 2 3 0 REBA STREET, APPLICANT BEING MICHAEL 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 LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY. THE BOARD FINDS THAT THE, THAT THE REQUEST TO OPERATE AN ADDITIONAL SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY, OR WELFARE. THERE IS NO, THERE IS NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY. B, THE SPECIAL EXEMPTION DOES NOT CREATE A PUBLIC NUISANCE. THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE A PUBLIC NUISANCE WOULD BE CREATED IF AN ADDITIONAL SHORT TERM RENTAL PERMIT WAS APPROVED. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE NEIGHBORING PROPERTY CONSISTS OF SINGLE FAMILY STRUCTURES. THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WILL SUBSTANTIALLY INJURE NEIGHBORING PROPERTIES AS A TYPE TWO SHORT-TERM RENTAL. D, ADEQUATE UTILITIES, ACCESS ROADS, STORMED STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACILITIES HAVE NOT, OR HAVE NOT HAVE BEEN OR ARE BEING PROVIDED. THE SUBJECT PROPERTY PROVIDES OFF STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE. E THE APPLICANT OR OWNER FOR THE SPECIAL EXCEPTION, DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES. CONFIRMED CITATIONS OR ADJUDICATED OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITHIN ONE YEAR. PRIOR TO THE DATE OF THE APPLICATION. THE APPLICANT DOES NOT HAVE ANY HISTORY OF REVOCATION, CITATIONS, OR CONVICTIONS FOR VIOLATIONS OF CHAPTER 16 F. THE SPECIAL EXEMPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXEMPTION IS SOUGHT. THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO OTHER RESIDENTIAL WITH THE PROPERTY OWNER PROVIDING OFF STREET PARKING AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY. THE SPECIAL EXEMPTION DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXEMPTION AND A MOTION. SECOND. SECOND BY COMMISSIONER MANNA. COMMISSIONER BENAVIDES, I'M GONNA BE IN FAVOR OF THE APPLICANT ON THIS. UH, I THINK HE HAS PLENTY OF SUPPORT FROM HIS NEIGHBORS. UM, AND, YOU KNOW, IF THE ENTIRE BLOCK FACE WAS DEVELOPED, HE WOULD, HE WOULD FALL WITHIN HIS RIGHT TO THE, UM, TO THE PERMIT. SO I'LL, I'LL BE IN FAVOR OF IT. COMMISSIONER MANON, UM, I COLLEAGUE, UM, UM, ON THAT GROUNDS, I DO NOT AGREE WITH THE POSITION OF, FROM A FINANCIAL PERSPECTIVE, YOU KNOW, THAT THAT ONE WAS A LITTLE BIT HARD FOR ME. BUT, UM, BUT YOU KNOW, WE DO HAVE THE NEIGHBORHOOD ASSOCIATION, UH, HERE REPRESENTING THE COMMUNITIES AND YOU KNOW, THEY, YOU KNOW, THEREFORE THIS. AND SO BECAUSE OF THAT, I'LL BE VOTING. ANY OTHER COMMISSIONERS YOU'D LIKE TO ADD? UH, HEARING NONE, LET HAVE A ROLL CALL VOTE PLEASE. COMMISSIONER AVIVE? I'M, YES. COMMISSIONER MANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARREN? YES, I CONCUR. COMMISSIONER STEVENS? I DO NOT CONCUR. COMMISSIONER EZ? I CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER GOMEZ? I DO NOT CONCUR. COMMISSIONER UNA? YES, I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR. MOTION FAILS. OH EIGHT TO THREE. UH, SO IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF ABOUT YOUR NEXT STEPS, BUT GOT IT. YEAH, BUT WE DO NEED NINE. GOTCHA. THANK YOU GUYS. THANK YOU. ALL RIGHT. NEXT CASE. ITEM THREE. ALL RIGHT. GOOD AFTERNOON. MELANIE CLARK, ZONING PLANNER, UH, DEVELOPMENT SERVICES DEPARTMENT. [01:10:01] UM, THIS IS FOR ITEM NUMBER THREE, BO OA DASH TWO THREE DASH 1 0 3 0 0 3 1 6. ADDRESS BEING 1 0 6 0 1 AND 1 0 5 1 5. NACODOCHES ROAD CITY COUNCIL DISTRICT IS 10, APPLICANT BEING BRANDON, UH, MILLON. AND THE REQUEST IS FOR A VARIANCE FROM THE FENCE MATERIALS TO ALLOW A CORRUGATED METAL FENCE ON THE PROPERTY. ZONING IS C3. THE SUBJECT PROPERTY IS LOCATED ON THE CORNER OF STARCREST DRIVE IN NACODOCHES ROAD. THE PROPERTY WAS REZONED ON MAY 2ND, 2024 TO C3 WITH A CONDITIONAL USE FOR PARKING AND LONG-TERM, LONG-TERM STORAGE ON, UH, 1 0 6 0 1 NACODOCHES ROAD CITY COUNCIL APPROVED AN EIGHT FOOT FENCE ON THE PROPERTY. THE APPLICANT WAS ORIGINALLY REQUESTING A FENCE HEIGHT, UH, SPECIAL EXEMPTION FOR THIS APPLICATION. HOWEVER, IT IS NO LONGER NECESSARY. THE APPLICANT IS SEEKING A FENCE, MATERIAL VARIANCE TO ALLOW THE USE OF A CORRUGATED, UH, ALLOW THE USE OF CORRUGATED METAL PANELS ALONG THE PROPERTY, UH, IN THE PROPOSED DESIGN, UH, FOR PRIVACY, UH, FOR COMMERCIAL PROPERTY. THE ISSUANCE OF A BUILDING PERMIT IS PENDING OUTCOME OF BOARD, BOARD OF ADJUSTMENT. AND THIS IS THE SITE PLAN AND THE REZONING MAP. THIS WILL BE THE CORRUGATED METAL FENCE, UM, EXAMPLE. AND THIS IS THE VIEW FROM NACODOCHES. SO THE FIRST ONE IS, UH, 1 0 6 0 1 NACODOCHES. THE SECOND ONE IS 1 0 5 1 5 NACODOCHES ROAD. AND THE VIEWS OF THE PROPERTY, UH, THIS WILL BE THE SURROUNDING AREA. THE VIEW ACROSS FROM, UH, THE PROPERTY IS LADYBIRD JOHNSON PARK AND THEN SURROUNDING AREA, UM, WEST OF THE PROPERTY AND THEN VIEWS TOWARDS THE EAST OF THE PROPERTY. STAFF. RECOMMENDATION FOR THE DEFENSE MATERIAL VARIANCE, UH, STAFF RECOMMENDS DENIAL IN BO OA 23 DASH HUNDRED 3 3 16 BASED ON THE FOLLOWING FINDINGS OF FACT, THE PUBLIC AND IMMEDIATE PROPERTY OWNERS CAN OBSERVE THE MATERIALS FROM THE PUBLIC RIGHT OF WAY. AND TWO, THE USE OF CORRUGATED METAL FENCING WAS NOT OBSERVED IN THE SURROUNDING AREA. UH, STAFF MAILED 17 NOTICES, ZERO IN FAVOR, ZERO IN OPPOSITION, AND NO NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET OF THE PROPERTY. THIS CONCLUDES STAFF PRESENTATION. BEFORE YOU GO, CAN YOU CLARIFY WHERE THEY'RE ASKING? I, I HEARD YOU SAY THAT THERE WAS A MODIFICATION TO WHAT WAS APPLIED. YES. SO IF YOU GO TO THE SITE PLAN. MM-HMM? , YES. SO, AND INITIALLY I THINK THAT THEY, WELL, INITIALLY THEY WERE A C TWO, SO THEY WEREN'T AUTHORIZED THE FENCE HEIGHT. UM, BASED ON THE PROPERTY THAT NOW THAT THEY'RE A C3, THEY'RE NOW AUTHORIZED THE FENCE HEIGHT, THE, THE CORRUGATED METAL, WHICH IS THE EXAMPLE TWO SLIDES DOWN, UM, IS WHAT THEY WISH TO PUT ON THE PROPERTY. AND I BELIEVE IT'S GONNA BE, IF YOU GO BACK UP TO THREE, IT'S GONNA BE IN, USE THE MELANIE, USE THE POINTER IF YOU CAN. SORRY. YES. SORRY. I KNOW BETTER THAN THAT. I BELIEVE IT'S GONNA BE IN THIS AREA IS WHERE THEY HAVE IT, BUT THEY ALSO HAVE IT ANNOTATED BY THE COLORS AT THE BOTTOM AND THEY CAN, AND THE EIGHT FOOT FENCE THAT'S ALLOWED BECAUSE THEY'RE C3 ABUTTING MF OR C TWO, I THINK IT'S FOR THE USE THAT THEY'RE US UTILIZING IT FOR IS TO CLARIFY, THEY ADDED IT TO THEIR SITE PLAN FOR THE CHANGE OF ZONING. OKAY. THEY'RE ABLE TO DO THAT AS LONG AS CITY COUNCIL APPROVES THE SITE PLAN WITH IT. OKAY. SO WE DON'T HAVE TO DEAL WITH ANY FENCE SITE ISSUES. NO, SIR. ALRIGHT, GREAT. ARE THERE ANY, UM, IS THE APPLICANT PRESENT IS? YES, SIR. ALRIGHT, THANK YOU. ALL RIGHT. STATE YOUR NAME, TELL US ABOUT YOUR PROJECT. OF COURSE. GOOD AFTERNOON, CHAIR COMMISSIONERS. MY NAME IS MIA MARIE PUGH. I'M WITH BRIAN MCDONALD LAW FIRM AND WE ARE HERE ON BEHALF OF THE APPLICANT. THE APPLICANT AND THE PROPERTY OWNER ARE BOTH HERE IN ATTENDANCE IN CASE IF Y'ALL HAVE ANY MORE TECHNICAL QUESTIONS ABOUT THE CONSTRUCTION OR MATERIAL ITSELF. UM, SO WE ARE HERE RESPECTFULLY REQUESTING A VARIANCE, UM, FOR THE FENCE MATERIAL, AS MELANIE HAS STATED. UM, AND THE FIN SITE HAS ALREADY BEEN TAKEN CARE OF AT CITY COUNCIL ON MAY 2ND. SO NEXT SLIDE. SO THE PROPERTY IS, UM, OWNER IS GOT SERVICE. SO THEY ARE AN AUTO REPAIR SHOP THAT FOCUSES ON EUROPEAN AND FOREIGN, UM, CAR REPAIRS LIKE BMW, MERCEDES, AUDI, UM, THAT STUFF. SO AGAIN, THIS IS LIKE A LOCAL COMPANY. THEY REALLY TAKE PRIDE IN THEIR COMMITMENT TO PROVIDE GREAT SERVICE TO THEIR CLIENTS. [01:15:02] SO A LITTLE BIT OF A TIMELINE. SO OUR CLIENT, UM, PURCHASED THE PROPERTY, UM, NOVEMBER 30TH, 2021. UM, IT WAS A VACANT BUILDING, VACANT LOT. I HAD HOMELESS ENCAMPMENT, LAW OF CRIMINAL ACTIVITY, UM, ILLEGAL DUMPING. AND THAT REALLY WAS AFFECTING, YOU KNOW, THE GENERAL AREA, ESPECIALLY THAT MULTIFAMILY THAT, UM, IS BEHIND US. SO HERE IS A BEFORE IMAGE AND NEXT IS, YOU KNOW, WHAT THEY'VE DONE. YOU CAN REALLY SEE HOW MUCH WORK THEY'VE PUT IN, YOU KNOW, NOT ONLY TO BUILD THIS BUSINESS, BUT YOU KNOW, TO MAKE IT AESTHETICALLY PLEASING AND IMPROVING THE SURROUNDING AREA. SO KIND OF BRINGS US TO TODAY, BUSINESS HAS BEEN SUCCESSFUL. UM, SO THEY ARE READY TO EXPAND THEIR OPERATIONS. SO, UM, KIND OF CORRELATING WITH THIS, WE DID DO A REZONING AND A PLAN AMENDMENT TO THE REMAINDER OF THAT SUBJECT PROPERTY. UM, WHICH AGAIN HAS BEEN IMPROVED ON MAY 2ND. SO, UM, AS MELANIE STATED, PRETTY MUCH THE REZONING WAS JUST TO ADD THAT CONDITIONAL USE FOR PARKING AND OR STORAGE. UM, AND WITH THAT, THE VARIANCE ALLOWED THAT EIGHT FOOT FENCE. UM, SO THERE'S THE ZONING MAP. UM, AND THEN OF COURSE, UM, WE HAD TO DO A PLAN AMENDMENT JUST BECAUSE IT WAS NOT COMPATIBLE. SO IT IS NOW BUSINESS INNOVATION MIXED USE, AND THAT IS OUR PLANNING. SO WE, YOU KNOW, ARE TRYING TO GET THIS FENCE MATERIAL, SO IT'S GOING TO LOOK LIKE A PATINA. SO, YOU KNOW, RUSTIC, KIND OF THAT HILL COUNTRY VIBE WITH ORNAMENTAL TUBE STEEL, SO ON THE STREET FACING PART OF THE PROPERTY. AND THEN ALONG THE SIDE THAT WILL BE, UH, JUST PLAIN CORRUGATED METAL FENCE. BUT AGAIN, THE APPLICANT, IT'LL BE BETTER. UM, IF YOU HAVE ANY QUESTIONS. SO HERE IS A RENDERING. UM, I THOUGHT IT LOOKED QUITE AUTHENTIC. THIS FENCE HAS NOT BEEN BUILT. UM, BUT THAT IS KIND OF THE IDEA OF WHAT'LL LOOK LIKE, YOU KNOW, THE TREES ARE EXISTING, UM, AND ALL THAT. SO ONE THING TO CORRECT FOR, UM, THE SITE PLAN MAY, IS THIS THE POINTER. OKAY. SO THAT PATINA PART OF THE FENCE WILL JUST BE RIGHT HERE. UM, ALONG THAT LINE. SO YOU CAN SEE OSH DOWN HERE. HERE'S THAT, YOU KNOW, EXISTING PROPERTY, UM, YOU KNOW, THEIR OFFICES. SO THEY OWN THIS PORTION TOO, BUT THEY ARE NOT EXPANDING THEIR QUITE YET. SO IN THE MEANTIME, THAT IS WHERE THEY WANNA JUST PUT THAT CORRUGATED FENCE RIGHT HERE. AND THEN IN TIME, YOU KNOW, WE'LL PROBABLY COME BACK FOR THIS PORTION. SO, UM, SO, UM, FINDINGS OF FACTS. SO WE DO NOT BELIEVE THE VARIANCE IS CONTRARY TO PUBLIC INTEREST. UM, THIS FENCE IS DESIGNED TO, YOU KNOW, KIND OF INCORPORATE LADY BIRD JOHNSON PARK, UM, THROUGHOUT THEIR BUILDINGS. THEY REALLY HAVE SOME OF THAT RUSTIC COLOR ON THEIR BUILDINGS OR PAVILION. SO TRYING TO BRING IN, YOU KNOW, ONE OF THE SELLING POINTS OF THAT AREA AND KIND OF INCORPORATING THAT, UM, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THIS PROPERTY IS VERY UNIQUELY, UM, CONFIGURED WITH SHAPE, SIZE, AND TOPOGRAPHY. UM, THERE'S A MIXED USES, YOU KNOW, ON THE LEFT SIDE IS COMMERCIAL BEHIND ITS MULTIFAMILY. AND THEN TO THE RIGHT IS, UM, INDUSTRIAL. SO, YOU KNOW, WE ARE HERE, UM, DEALING WITH LUXURY CARS. SO SCREENING, SECURITY, UM, ARE OF THE UTMOST IMPORTANCE. UM, SO WOOD FENCES, UM, WHICH, YOU KNOW, WE ARE AWARE IS ONE OF THOSE ALLOWED MATERIALS. IT JUST DOESN'T HOLD UP. IT'S NOT AS SECURE AS THIS METAL, UM, FENCE THAT WE'RE PROPOSING. UM, THIS WAS TAKEN ON THE SAME BLOCK AS THE SUBJECT PROPERTY. AND THAT JUST KIND OF SHOWS LIKE SOMETIMES FENCES AREN'T THE MOST AESTHETICALLY PLEASING. THEY HAVE TO BE CONSTANTLY REPAIRED. AND THEN YOU GET A LOOK, UM, SIMILAR TO THAT. UM, THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. AS THE STAFF REPORTS STATED, THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. SO OUR ARGUMENT'S INTENT OF THE CODE IS FOR SAFE, RELIABLE MATERIAL THAT'S NOT GONNA HURT THE SUBJECT PROPERTY OR THE SURROUNDING PROPERTIES. AND WE THINK THIS ACCOMPLISHES THAT. UM, THE VARIANCE WILL NOT AUTHORIZE OPERATION OF A ANY OTHER USE. WE JUST WENT THROUGH REZONING. WE ARE GOOD TO GO ON THAT. UM, [01:20:01] NUMBER FIVE, SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT. UM, I DROVE OUT THERE YESTERDAY TO, YOU KNOW, SEE WHAT THIS CHARACTER WAS ABOUT. AND IT IS A MIX OF DIFFERENT KINDS OF FENCES. WE'VE GOT WOODEN, WE'VE GOT CHAIN, WE HAVE, YOU KNOW, RAW IRON AND RIGHT HERE AT THE INTERSECTION ON THE SAME BLOCK OF NDOS AND HILLPOINT. AS YOU'RE EXITING LEFT ON LADY BIRD JOHNSTON PARK, YOU CAN SEE THERE IS ALREADY A COATED METAL FENCE. UM, SO THAT IS IT. WE RESPECTFULLY REQUEST THIS CONT UM, NOT CONTINUANCE. SO I'M USUALLY HERE FOR, UM, THE VARIANCE FOR THE FENCE MATERIAL. SO, SO JUST TO CLARIFY THAT THE, THE PATINA CORRUGATED METAL WAS ONLY GONNA BE ON THE SOUTH SIDE FACING NACODOCHES? YES, SIR. AND, AND ON THE EAST SIDE, DO YOU HAVE AN, UH, A DESIGN OF WHAT YOU'RE ASKING FOR BECAUSE, UM, THE, THE ONE THAT HAD THE PATINAD IS YES, HAS BEEN BRA, UH, UM, CAPPED AND, AND, UH, YOU KNOW, SURROUNDED AND, BUT ONE OF THE THINGS THAT THE BOARD USUALLY HEARS IS WHETHER OR NOT IT'S GONNA BE CAPPED AT HOW IT'S GONNA BE PROTECTED FROM SHARP EDGES AND WHATNOT. DO YOU HAVE ANY SORT OF A DESIGN ELEMENT FOR THAT E SIDE? UM, LET ME ASK THE APPLICANT TO COME FORWARD OR THE PROPERTY OWNER. HELLO SIR, IF YOU COULD PLEASE STATE YOUR NAME. HELLO, MY NAME IS JOE MILLETT. I'M WITH, UH, AMERICAN AUTO BROKERS AND GOT SERVICE AND GOT TRUCKS. UM, THE, THE FENCE GOING DOWN THE SIDE OF THE PROPERTY WILL ALSO BE THE PATINA METAL. IT JUST WON'T HAVE THE, UH, THE METAL DESIGN ORDER ON THE FACE OF IT. YES, SIR. IS, IS THE FENCE, UH, DESIGNED TO, IS IT INCLUDE CAPPING OF THE EXTERIOR? UM, I, I, I AM, I HADN'T CONSIDERED THAT, BUT I'M NOT OPPOSED TO IT. OKAY. WELL WE CAN'T PUT CONDITIONS ON ON WHAT WE DELIBERATE OR DECIDE, BUT SINCE YOU'RE AT THE PODIUM, YOU ARE MORE THAN WELCOME TO, UH, IN REAL TIME, ADJUST YOUR APPLICATION TO INCLUDE, UH, FRAMING OR ANY SORT OF PROTECTED, I WOULD BE PLEASED AND HAPPY TO FRAME THE TOP OF THE FENCE TO MAKE SURE THERE'S NO SHARP EDGES EXPOSED. ALRIGHT, GREAT. IS THERE ANY QUESTIONS FROM THE COMMISSION? MANANA, COMMISSIONER MANNA? SO, UM, SO, SO, UM, THERE ARE MORE THAN WOODEN FENCE OPTIONS AVAILABLE. AND SO SOME OF 'EM ARE, THERE ARE OTHER SOLID SCREEN FENCE TYPES LIKE STONEWORK, UM, AND, AND BRICK WORK IN THAT. AND SO WAS THAT WEIGHED WITH REGARDS TO, UM, I GUESS, YOU KNOW, THE FRONT FACING VIEW, UM, YOU KNOW, WHICH IS PERMITTED PRODUCT VERSUS, YOU KNOW, WE'LL SAY THE NON-PERMITTED PRODUCT. SO DID YOU CONSIDER ANY OTHER, UM, TYPES OF MATERIALS? NO, SIR. WELL, YOU ARE PROPOSING A WOOD FENCE ON THE BACK NORTH LINE, CORRECT. SO THERE'S AL THERE'S ALREADY AN EXISTING WOOD FENCE THERE AND, AND, AND IT'S OUR INTENTION TO, UH, REPAIR IT ANY, ANY AREA THAT IT NEEDS REPAIRS. WE'RE GONNA DO THE REPAIRS ON, ON YOUR SIDE PLAN, IT SAYS THAT IT'S PROPOSED, UM, EIGHT FOOT WOOD, EIGHT FOOT TALL, TRADITIONAL WOOD PLANK FENCE. THERE, THERE IS A SECTION, THERE IS ONE SECTION THAT'S MISSING AND YES, SIR. THAT'S CORRECT. OKAY. SO YOU ARE USING WOOD THEN IT, IT, IT, ON THE BACKSIDE THERE'S A, A, A, AN APARTMENT COMPLEX THAT ALREADY HAS A SIX FOOT, UH, CEDAR FENCE. OKAY. UM, WE'RE, WE'RE PREPARED TO REPAIR IT FOR THEM AT NO COST TO THEM. OKAY. THANK YOU MANNA. COMMISSIONER MANNA, ONE MORE QUESTION IS, I'M TRYING TO UNDERSTAND. SO I, I HAVE LOTS OF PICTURES HERE WITH REGARDS TO TRYING TO UNDERSTAND WHERE THE FENCING'S GONNA GO. AND SO, SO UM, IS IT, IF YOU BRING UP THE SITE PLAN, CAN YOU SHOW THE PERIMETER OF THE FENCING THAT'S BEING PROPOSED? UM, CURRENT, THERE YOU GO FOR TODAY. OKAY. RIGHT THERE. OKAY. OKAY. SO ACROSS, ACROSS THE FRONT, THERE'LL BE A GATE HERE AND A GATE THERE, A SLIDING GATE. AND THIS WILL BE THAT DECORATIVE DESIGN THAT YOU SAW WITH THE, WITH THE BLACK METAL, THE GRID, IF YOU WILL. DOWN THE SIDE HERE WILL BE THE SMOOTH RUSTED MATERIAL, SAME MATERIAL WITH A CAP. AND THEN BACK ALONG HERE, THERE'S ALREADY AN A, A FENCE FROM THIS APARTMENT COMPLEX. AND THEN THIS SECTION RIGHT HERE IS CURRENTLY NOT FENCED AND THAT'S WHERE WE PROPOSE THE EIGHT FOOT FENCE, THE WOOD FENCE. OKAY. SO THE METAL FENCE IS CURRENTLY ONLY, UM, BEING REQUESTED FOR THE, UM, IF THIS [01:25:01] LOOKING FOR COMPASS HERE ON THE, ON THIS MAP HERE, THE SOUTH SIDE AND THEN ON THE, UM, EAST SIDE, UH, PROPERTY LINE. IS THAT CORRECT? CORRECT. ALRIGHT. COMMISSIONER CRUZ. THANK YOU. UM, IS THERE ANY RESIDENTIAL, UH, PROPERTY CLOSE TO YOU ON THAT SIDE OF THAT? YOU'RE PROPOSING THE FENCE ON THE RIGHT, ON THE RIGHT SIDE? YES. NO MA'AM. THERE'S A, THERE'S ANOTHER, THERE'S A BODY SHOP BUSINESS RIGHT THERE. I, WE OWN THE PROPERTY THAT IT WILL BE FACING AND THE NEXT BUSINESS OVER IS, IS A, UH, BODY SHOP. OKAY. I JUST WANNA MAKE SURE. THANK YOU. YES, MA'AM. ALRIGHT, WELL MAN, I, ONE MORE QUESTION, SORRY. UM, WHAT IS THE DISTANCE BETWEEN, UH, FROM THE STREET, UH, TO THAT FRONT GATE? THANK YOU MR. CHAIR, MEMBERS OF THE BOARD. MY NAME IS BRANDON MILLAN. I'M THE DESIGNER THAT WAS ASSISTING MR. MILLETTE WITH DEFENSE. UH, THE DISTANCE IS APPROXIMATELY A HUNDRED FEET, SIR. AND, UM, IF I MAY ADD, UH, COMMISSIONER MANNA, YOU ASKED A REALLY GREAT QUESTION, YOU KNOW, WHETHER THE, THE OWNER CONSIDERED OTHER MATERIALS, UH, AS, AS HIS DESIGNER, YOU KNOW, THAT WAS DEFINITELY SOMETHING THAT WAS GOING THROUGH MY MIND. UM, TRYING TO CREATE A GOOD FENCE, UH, A NICE FENCE. AND SO IN TERMS OF DIFFERENT MATERIALS, YOU KNOW, OBVIOUSLY WE DISCUSSED, UM, YOU KNOW, THE, THE PITFALLS OF USING WOOD, UH, OTHER MATERIALS THAT YOU MENTIONED SUCH AS, UH, STONE OR BRICK? UM, MY, IN MY EXPERIENCE, MY OPINION, YOU KNOW, WITH AN EIGHT FOOT TALL, UH, FENCE AT STONE OR BRICK, YOU RUN THE RISK OF MAKING IT REALLY MONOLITHIC, UH, AND IT BECOMES MORE OF A WALL THAN IT IS ACTUALLY A FENCE. AND SO OUR, OUR GOAL WAS TO CREATE SOMETHING THAT WAS A LITTLE BIT LIGHTER, UM, AND, UH, AND POTENTIALLY, UM, MORE ORNATE. AND JUST SO YOU KNOW, SOMETIMES WHEN COMMISSIONERS ASK FOR DISTANCES, THEY MAY WANT TO INCLUDE IT IN A MOTION. UH, IS A HUNDRED FOOT A SAFE NUMBER OR WOULD YOU RATHER SAY 90 TO 95 FEET? UH, MR. CHAIR, I WOULD PROPOSE JUST REFERENCING THE SITE PLAN. OKAY. AS IS IN, IN LIEU OF DOING WELL, I'M, I'M NOT MAKING THE MOTION, BUT I JUST, I JUST WANTED TO ASK. I WOULD, UH, YES SIR. I WOULD, UM, RESPECTFULLY REQUEST THAT THE SITE PLAN BE USED. 'CAUSE THAT SITE PLAN IS TO SCALE. OKAY. THANK YOU. ANYONE ELSE? YEAH, I GOT A QUESTION. SHARE YOUR COMMENTS. I GOT A QUESTION. HMM. YES SIR. TO YOU, THE DESIGNER IS THAT, ARE, ARE THOSE PANELS? UM, I WOULD NOT BE CONSTRUCTING THE FENCE. UM, BUT I BELIEVE THOSE PANELS, THEY'D BE PUTTING POSTS MY UNDERSTANDING WORKING WITH THE CONTRACTOR THAT'D BE DOING IT. THEY'D BE SETTING POSTS AND THE PANELS, THE POSTS WOULD BE SPACED A CERTAIN AMOUNT APART. UM, AND THEN THE PANELS WOULD BE WELDED AND THEN WELDED ONTO THE POSTS. OKAY. ALL RIGHT. WELL THANK YOU VERY MUCH. IS THERE ANY PUBLIC COMMENTARY YOU WANT SENATOR TO SPEAK? NO PUBLIC COMMENT. ALRIGHT. SO WITH THAT WE'RE LOOKING FOR A MOTION O ZUNA COMMISSIONER ZUNA, REGARDING CASE NUMBER BO EIGHT DASH 23 DASH 0 3 0 0 3 16. I MOVE THAT THE BOARD OF ADJUSTMENT GRANDER REQUESTS FOR THE VARIANCE FROM THE FENCE MATERIALS TO ALLOW FOR CORRUGATED METAL FENCE ON THE PROPERTY SITUATED AT TEN SIX ZERO ONE AND TEN FIVE HUNDRED FIVE NACODOCHES ROAD APPLICANT BEING BRANDON MELLON. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDCS AMENDED WOULD RESULT AN UNNECESSARY HARDSHIP. UH, MORE SPECIFICALLY, I WOULD RECOMMEND THAT THE, UH, THE MATERIALS, THE CORRUGATED BE CAPPED AS THE APPLICANT PROVIDED HIS AMENDED TESTIMONY AND THAT THE, UH, THE MATERIAL FENCING WOULD BE LIMITED TO WHAT IS PROVIDED IN THE SITE PLAN THAT THEY PROVIDED AS AN EXHIBIT FOR US TODAY. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC. THERE IS NO SAFETY CONCERN SURROUNDING THE AREA AS THERE IS NO SIGNIFICANT RESIDENTIAL DEVELOPMENT TO DUE TO SPECIAL CONDITIONS. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN US UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS A FENCING MATERIALS WOULD ALLOW, WOULD ADD SECURITY TO THE PROPERTY. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE IN THIS CASE. THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS THE PROPOSED FENCE DESIGNED WILL NOT CREATE A DISTRACTION AND WILL PROVIDE THE NECESSARY, WE'LL PROVIDE THE NECESSARY SCREENING AND SECURITY ELEMENTS FOR THE INTENDED COMMERCIAL USE ON THE PROPERTY FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE YOU SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THE VARIANCES LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIS WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY ARE THE ALTER, THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THE PROPERTY IS LOCATED. THE GRANTING OF THE VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT PROPERTY AS A REQUEST IS NOT HINDERING THE APPROPRIATE USE OF THE ADJACENT PROPERTIES. THE CORRUGATED METAL WILL ENHANCE THE ESSENTIAL CHARACTER OF THE PROPERTY AND SURROUNDING AREA SIX, APPLY TO THE OWNER OF THE PROPERTY FOR ITS THE VARIANCES SOUGHT AS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND NOT MERELY FINANCIAL OR NOT DUE TO OTHER THE RESULT OF GENERAL CONDITIONS. AND THE DISTRICT WHICH THE PROPERTY IS LOCATED, UH, STAFF FINDS IS APPLIED TO THE OWNER OF THE PROPERTY, WHICH THE VARIANCE OF SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE SURROUNDING USE AREA USES AND THE NATURE OF THE FAC UH, FACILITY. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL AND OF MOTION. SECOND. SECOND BY COMMISSIONER CRUZ. COMMISSIONER ZUNA. RIGHT. SO I [01:30:01] AM SUPPORTING THE MOTION AS READ AS YOU, UH, RECALL THE APPLICANT AMENDED TO REQUIRE THE CAPPING, UH, OF ANY SHARP EDGES AND ALSO LIMITED TO WHAT THE SITE PLAN, UH, NO OPPOSITION. AND THE DESIGN, I THINK IS, UM, YOU KNOW, BLENDS IN WITH A NEIGHBORING PROPERTY AT LADY BIRD JOHNSON PARK. AND WE SAW TESTIMONY OF OTHER METAL FENCING AROUND THE AREA AND I DO THINK IT PROVIDES A NECESSARY SECURITY FOR THE APPLICANT, UH, TO PROTECT THEIR, UH, VIABLE AND ONGOING BUSINESS. COMMISSIONER CRUZ? UH, YES, I CONCUR WITH, UH, COMMISSIONER UNA AND I DON'T SEE ANY PROBLEMS WITH IT. THANK YOU. ANYONE ELSE LIKE TO ADD? HEARING NONE? LET'S HAVE A ROLL CALL. VOTE. COMMISSIONER UNA? YES, I CONCUR. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER BURON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER BARNES? I CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER OMI. I I CONCUR. COMMISSIONER MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BEAVIS, I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES NINE TO TWO. IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF, WE'RE GONNA TAKE A FIVE MINUTE BREAK. WE WILL SEE EVERYONE BACK HERE AT TWO 40. ALL RIGHT. IT'S 2 41. WE'RE GONNA CONTINUE ON WITH THE MEETING. I BELIEVE WE'RE ON ITEM NUMBER FOUR. OKAY, ITEM NUMBER FOUR, UH, BO OA DASH 24 3 2. UH, THIS IS GONNA BE 10,000 BLOCK OF COLLIBRA ROAD, UH, COUNCIL DISTRICT SIX APPLICANT BEING SS ENGINEERING PLLC. AND THE REQUEST IS FOR 154 FOOT VARIANCE FROM THE REQUIRED 200 FOOT SEPARATION TO ALLOW THE USE OF A MOBILE FOOD COURT WITHIN 46 FEET OF A RESIDENTIAL LOT. UH, SECOND, A THREE FOOT VARIANCE FROM THE MINIMUM 15 FOOT LANDSCAPE BUFFER TO ALLOW A 12 FOOT LANDSCAPE BUFFER. ZONING IS CC THREE R. THE SUBJECT PROPERTY IS LOCATED EAST OF WEST LOOP, 1604 NORTH AND APPROXIMATELY 500 FEET EAST OF LES HARRISON DRIVE AND CALIBRA ROAD INTERSECTION. THE APPLICANT ON BEHALF OF THE PROPERTY OWNER IS PROPOSING THE DEVELOPMENT OF A MOBILE FOOD COURT WITH NO MORE THAN 10 FOOD TRUCKS ON A VACANT COMMERCIAL LOT LOCATED ON 10,000 BLOCK OF COL COLLIBRA ROAD. AS THE SUBJECT PROPERTY IS WITHIN 200 FEET OF A SINGLE FAMILY RESIDENTIAL COMMUNITY, THE APPLICANT IS SEEKING 154 FOOT VARIANCE FROM THE REQUIRED 200 FOOT SEPARATION TO ALLOW THE PROPOSED MOBILE FOOD COURT TO BE WITHIN 46 FEET OF THE NEIGHBORING RESIDENTIAL PROPERTIES. ADDITIONALLY, THE APPLICANT IS REQUESTING A THREE FOOT LANDSCAPE BUFFER VARIANCE FROM THE MINIMUM 15 FOOT LANDSCAPE BUFFER REQUIREMENT TO ALLOW A 12 FOOT LAND LANDSCAPE BUFFER TO BETTER ACCOMMODATE THE USE OF SPACE ON THE PROPERTY. THE DEVELOPMENT IS, UH, THE DEVELOPMENT WOULD REQUIRE A MINIMUM 16 FOOT, UH, FENCE IN THE REAR AND PROVIDING A SEPARATION FROM THE RESIDENTIAL LOTS. UH, ISSUANCE OF A BUILDING PERMIT IS PENDING THE OUTCOME OF BOARD OF ADJUSTMENT. THIS IS THE SITE PLAN. THIS IS THE, UH, VACANT LOT AERIAL VIEW. AND THEN THE NEXT UH, SLIDE SIX THROUGH 10 WILL PROVIDE VARIOUS ANGLES OF THE PROPERTY. THIS IS A VIEW ACROSS FROM THE SUBJECT PROPERTY. THIS IS THE ID IDEA SCHOOL. UH, NEXT SLIDE. UH, THIS IS A VIEWS EAST OF THE SUBJECT PROPERTY AND THEN THE WEST SIDE STAFF. RECOMMENDATIONS, UH, RESIDENTIAL SEPARATION VARIANCE. STAFF RECOMMENDS DENIAL AND BO OA DASH 24 DASH 0 3 0 0 0 2 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, A 150 FOOT SEPARATION VARIANCE WOULD INJURE RESIDENTIAL PROPERTIES AS IT DOES NOT PROVIDE AN ACCEPTABLE DISTANCE BETWEEN RESIDENTIAL AND NON-RESIDENTIAL USE. SECOND, THE APPLICANT CAN REDUCE THE NUMBER OF MOBILE TRUCKS ALLOWED ON THE PROPERTY TO ACCOMMODATE THE REQUIRED DISTANCE STAFF RECOMMENDATION FOR THE LANDSCAPE BUFFER VARIANCE, UH, STAFF RECOMMENDS DENIAL FOR BOA DASH 24 DASH THREE TWO BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE BUFFER WILL NOT ADEQUATELY PROTECT THE RESIDENTS FROM LIGHT AND NOISE TO THE REDUCED BUFFER WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. [01:35:01] STAFF MAILED OUT 18 NOTICES. ZERO WEAR IN FAVOR TO AN OPPOSITION AND HIDDEN MEADOW. UH, NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION AS WELL. AND THIS IS, UH, THIS WILL BE FROM THE NEIGHBORHOOD ASSOCIATION. CAN CAN YOU BRING THAT ONE BACK UP? WAS THIS ASSOCIATED WITH ZONING OR THIS CASE? THIS IS FOR THE BOA APPLICATION. I WANNA SAY INITIALLY IT WAS GOING TO BE INITIALLY WHEN THEY HAD, UM, BROUGHT THIS APPLICATION, IT WAS GONNA BE FOR 16 FOOD TRUCKS, MOBILE FOOD TRUCKS, WHICH IS NOT AUTHORIZED FOR THE ZONE THAT IS CURRENTLY IN, THEY WOULD'VE HAD TO REZONE. UH, SINCE THEN THE PROPERTY OWNER HAS REDUCED IT TO THE ALLOWABLE SIZE OF 10 FOOD TRUCKS. AND I'M I'M WONDERING IF THEY'RE OPPOSED TO THE, TO THE, TO A FOOD COURT BEING THERE OR THEY ARE. OKAY, SO THIS IS ALRIGHT. THAT'S CORRECT. ALRIGHT. GO AHEAD. MANNA COMMISSIONER MANNA. SO, SO WITH REGARDS TO, UM, ALL THE THINGS BEING REQUESTED, UM, WOULD ALL OF, REGARDLESS OF WHAT BUSINESS WOULD IN THERE, UM, IF IT WAS COMPLIANT WITH REGARDS TO THE ZONING, WOULD ALL OF THESE STILL APPLY? SO WITH REGARDS TO, UM, THE, THE SEPARATION SEPARATION AND THE SEPARATION ITSELF IS, IS STRICTLY FOR THE MOBILE FOOD COURT. THAT IS A REQUIREMENT FOR THE MOBILE COURT FOOD COURT. THAT HAS TO BE 200 FEET FROM, BECAUSE IT'S MULTIPLE TRUCKS, NOT JUST, YOU KNOW, SINGLE TRUCKS. UM, IT'S BECAUSE IT HAS A LARGE GROUP OF THEM. SO THAT IS IN THE REQUIREMENT THAT THEY MUST BE 200 FEET AWAY FROM A RESIDENTIAL PROPERTY IF THEY'RE WITHIN THAT. UH, WHAT IS THE SEPARATION FOR? 'CAUSE THIS IS, UH, CURRENTLY ZONED AS C3 OR, OR YEAH, C3. WHAT IS THE DISTANCE BETWEEN A NORMAL C3 LOT AND A RESIDENTIAL COMMUNITY? SO WHAT IS THE BUFFER REQUIREMENT THERE? THIS REQUIREMENT IS SPECIFIC TO THE USE OF MOBILE FOOD TRUCK COURT. NO, BUT I'M TRYING TO UNDERSTAND WHAT THE DIFFERENCE IS FOR A REGULAR C3. 'CAUSE I BELIEVE IT'S A HUNDRED. JUST A REGULAR SETBACKS IN LANDSCAPE. UM, SO IT WOULD BE 30 FOOT SETBACK TO THE REAR RESIDENTIAL. SO I, SO C3 WITH RESIDENTIAL, I, SO THE SET, WHEN YOU'RE, WHEN YOU HAVE COMMERCIAL AND IT'S A BUDDING RESIDENTIAL, THERE'S A 30 FOOT SETBACK. IF THERE IS NO RESIDENTIAL, THERE IS NO SETBACK IN THE REAR. BUT THERE'S ALSO A DRAINAGE RIGHT OF WAY THAT SEPARATES 'EM. SO IT IT, SO THEY COULD BASICALLY PUT A BUILDING IF IT WAS JUST COMMERCIAL RIGHT UP TO THE BACK 'CAUSE THEY GET HALF THAT DISTANCE CREDIT. SO MY QUESTION ON THAT IS, DID THE ZONING CHANGE TO ALLOW A FOOD COURT, WAS THERE A ZONING CHANGE WITH THIS AT ALL? SO THE ZONING, THE PROPOSED ZONING CHANGE WAS ONLY TO ALLOW MORE THAN 10 MOBILE FOOD COURT, UH, MOBILE FOOD TRUCKS BECAUSE OKAY. THE PERMITTED, I'M SORRY TO CUT YOU OFF IT, WHEN THAT, WHEN THAT ZONING WENT FORWARD DOWN TO 10, IS IT POSSIBLE FOR THEM TO LOCATE A FOOD COURT AND HAVE, AND HAVE IT BE 200 FEET AWAY FROM IT? NOT IN THIS. NOT IN THIS LOT. SO THEN THE ZONING, DID IT PASS IT? I DON'T THINK THE ZONING WENT THROUGH THE NO. YOU, YOU DIDN'T. NO, THEY DIDN'T NEED TO REZONED BECAUSE THEY'RE GOING WITH THE C3. SO IT'S ALLOWED UP TO 10 TRUCKS. OH, OKAY. SO WITHOUT, OKAY. RIGHT. YEAH. GOTCHA. ALRIGHT. THAT MAKES COMMISSIONER ZUNA. YEAH, IT'S A QUESTION JUST AS A C3, A BUDDING WILL GET CREDIT FOR THAT LAND FOR THAT, UM, DRAINAGE EASEMENT. IS THERE ANY CREDIT, UH, FOR THE TWO FOOT SE, 200 FOOT SEPARATION FOR THE PROPOSED FOOD TRUCK COURT OR, WELL, THAT'S ONLY FOR BUILDING SETBACKS. NOT FOR THE SEPARATION FOR MOBILE FOOD COURT. OKAY. SO TWO SEPARATE ISSUES. COMPLETELY CORRECT. ONE IS A STRUCTURE CORRECT BASED CRITERIA. THE OTHER'S A USE TYPE CRITERIA. CORRECT. YEAH. THAT, UH, THAT HALF OF THE DRAINAGE EASEMENT UP TO 15 FEET IS ONLY TO TAKE AWAY FROM THE BUILDING SETBACK. YEAH. GOTCHA. OKAY, THANK YOU. AND THEN THE, THE C3 R, WHAT IS THE R CAN YOU CLARIFY THE R THAT'S RESTRICTED ALCOHOL, ISN'T IT? THAT'S CORRECT. SO, SO THIS FOOD COURT IS NOT GONNA SELL ALCOHOL? NO, SIR. OKAY. ANY OTHER QUESTIONS? I KNOW WE DON'T NORMALLY PROBE THE CITY THIS MUCH WITHOUT HEARING FROM THE APPLICANT, BUT WANTED TO GET SOME OF THESE, THE APPLICANT'S HERE. ALL RIGHT. SO HAVE THE APPLICANT COME FORWARD. ALL RIGHT. STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. GOOD AFTERNOON. MY NAME IS ZANE AL. UM, SO YEAH, WE ARE PROPOSING TO BUILD A FOOD TRUCK PARK, UH, THAT IS INVITING FOR THE COMMUNITY, FOR FAMILIES. WE HAVE A CALLED OUT SPACE FOR A PLAYGROUND. UM, A CALLED OUT SPECIFIED SPACE FOR LIKE A DARK DOG PARK. AS YOU CAN SEE, WE'RE BUILDING, WE HAVE SEAT SEATING AVAILABLE OF OVER 360, UH, 3 76, UM, AND PARKING, AND ENOUGH PARKING AVAILABLE AS WELL. SO, UH, WE'RE, WE'RE HUMBLING REQUESTING THIS VARIANCE TO BE APPROVED SO THAT WE CAN, UM, BUILD SOMETHING FOR THE COMMUNITY HERE IN, IN, UH, CAA AREA. OKAY. ARE THE COMMISSIONER QUESTIONS? COMMISSIONER ZUNA. SO WE SAW THE OPPOSITION FROM THE NEIGHBORHOODS AND ALSO FROM THE NEIGHBORHOOD ASSOCIATION. HAVE YOU HAD A CHANCE TO TALK WITH THEM [01:40:01] AND THE NEIGHBORS ARE MOST AFFECTED OR STRONGLY RECOMMEND? THIS IS NEWS TO ME. UH, WE DID, I DID NOT RECEIVE ANY SORT OF NOTIFICATION FROM ANY NEIGHBORS OR THE A RC OR HOA OR ANYTHING LIKE THAT. OKAY. UM, I HIGHLY RECOMMEND YOU MAYBE GETTING IN TOUCH WITH THEM SOME POINT ALONG THIS PROCESS. SO ABSOLUTELY. WE, WE HAVE TALKED TO THE NEIGHBORING PROPERTY, UM, THE, THE COMMERCIAL PROPERTIES AND, UM, YOU KNOW, THE FOLKS THAT WE HAVE TALKED TO, THEY'RE EXCITED ABOUT BRINGING MORE FAMILIES TO THE AREA TO JUST ATTRACT THEIR BUSINESSES. YOU WOULDN'T HAVE ANYTHING TO PRESENT AS TESTIMONY EVIDENCE TODAY TO NO, THIS WAS A, I I WAS NOT PREPARED TO, TO BRING THAT. OKAY. UM, I, SO I HAVE A COMMISSIONER. AMANDA, YOU WERE NEXT. YEAH, SO I, SO I HAD, SO THIS PICTURE OF THIS PLAN HERE, UM, SO THE STREET SIDE IS ON, ON THE SOUTH SIDE OF THE MAP ON THE SOUTH SIDE. YES. SO, UH, ARE THERE OPTIONS OR OP YOU KNOW, OPTIONS TO MOVE THE PARKING TO THE BACKSIDE WHERE IT'S CLOSER TO THE RESIDENTS THEMSELVES? UM, WE, YOU KNOW, I SPOKE TO OUR ENGINEER ABOUT THAT, I THINK JUST FOR THE FLOW OF TRAFFIC WITH OUR NEIGHBORING COMMERCIAL PROPERTIES. UM, I'M NOT SURE EXACTLY HOW THE BEST CASE FOR THAT WOULD BE, BUT, UM, WE DIDN'T THINK, PUT TOO MUCH THOUGHT INTO IT. WE WANTED TO SEE IF, IF THIS WOULD, UH, IF WE CAN PASS THIS FIRST OR NOT. OKAY. DO YOU KNOW HOW BIG THE DRAINAGE RIGHT OF WAY IS? MY APOLOGIES. SAY THAT AGAIN. HOW WIDE IS THE DRAINAGE RIGHT OF WAY THAT'S BEHIND YOU? I'M NOT SURE. UM, F LOOKS LIKE IT'S LIKE 30 FEET, BUT IT COULD BE 40. AND WHILE THEY'RE LOOKING THAT UP, UM, SO THIS, THIS, YOU'RE ASKING FOR A VARIANCE FOR A, FOR A CERTAIN DISTANCE. ONE OF THE THINGS THIS BOARD CAN DO IS, IS OFFER LESS OKAY. UH, THAN THAT, UH, WHICH WOULD ALMOST FORCE YOU TO PUT THE PARKING IN THE REAR. MM-HMM. OR MOVE THINGS AROUND. CORRECT. UM, WHILE WE'RE CHATTING, IS THERE A NUMBER THAT, UH, YOU WANT TO THROW OUT THERE? I MEAN, JUST FROM LOOKING AT THE ECONOMICS AND FEASIBILITY OF THE PROJECT, RIGHT. UM, IN ORDER TO REALLY INVEST IN THIS PROPERTY AND SPEND MONEY TO BUILD THIS FOOD TRUCK PARK, UH, WE NEED AT LEAST 10 TRUCKS TO MAKE IT AFFORDABLE. UM, I THINK ANY GOING LOWER THAN THAT, IT WOULD NO, THAT, THAT'S NOT WHAT I'M GETTING AT. IS, IS SO YOU'RE, WHAT YOU'RE ASKING FOR IS TO BE WITHIN 46 FEET OF A RESIDENTIAL LOT. MM-HMM. . AND SO IF THIS COMMISSION DIDN'T WANT TO GIVE YOU 154 VARIANCE, BUT THEY WANTED TO GIVE YOU A HUNDRED FOOT VARIANCE BECAUSE YOUR SITE IS 137 FEET DEEP. MM-HMM. . UH, AND IT APPEARS THAT THAT DRAINAGE RIGHT OF AWAY MIGHT BE ABOUT 30, 50 50. IT'S UH, 46 FEET. THE, THE DRAINAGE RIGHT OF WAY? CORRECT. OKAY. SO IF THE DRAINAGE RIGHT AWAY IS 46, I SO IF WE GO DOWN, COULD, IS IT, HIS WHOLE PROPERTY HAS TO BE 200 OR THE ACTUAL TRUCK HAS TO BE 200. IT'S FROM PROPERTY LINE OF PROPERTY LINE. OH. SO THAT CANNOT NOT BE REDUCED. THAT CHANGES THAT. NO DEVIATION ON THAT ONE. ALRIGHT. PROPERTY LINE. IS THERE ANY OTHER QUESTIONS? COMMISSIONER ZUNA? I, I WAS JUST, MY SUGGESTION IS REALLY TO GAIN THE NEIGHBORHOOD SUPPORT. YOU MENTIONED THE TESTIMONY THAT YOU HAVE TALKED TO THE NEIGHBORS. IT WOULD, I THINK, BE MORE MEANINGFUL IF WE HAVE SOME KIND OF LETTERS OF, OF SUPPORT FROM THE NEIGHBORS AND THE HOMEOWNERS TO SUPPORT WHAT YOU'RE TELLING US ABOUT THE DESIRE TO HAVE THIS PROJECT IN THEIR NEIGHBORHOOD. 'CAUSE OTHERWISE, I, I THINK THE DISTANCE AND THE SMELLS AND THE SMOKE AND THE TRASH AND EVERYTHING ARE SOMETHING TO, FOR THE NEIGHBORS TO KIND OF RIGHT. CONSIDER BE OPPOSED TO PART OF THE PROJECT. YEAH. JUST, JUST TO BE CLEAR, WE HAVEN'T SPOKEN TO ANY OF THE RESIDENTIAL NEIGHBORS, BUT JUST THE COMMERCIAL PROPERTY NEIGHBORS. OKAY. STAFF. IS THERE ANYONE SENATOR TO SPEAK ANY PUBLIC COMMENTARY? NO PUBLIC COMMENT. ALRIGHT. SO ARE YOU ALLUDING THAT YOU WOULD LIKE TO OFFER A CONTINUANCE TO GIVE THEM AN OPPORTUNITY TO SPEAK TO THE NEIGHBORS? I WOULD IF THERE'S CONCURRENCE FROM THE BOARD. MM-HMM. UM, I WOULD CHECK THAT ALSO. OKAY. WOULD YOU LIKE SOME MORE TIME? YOU HAVE TIME? SURE. ABSOLUTELY. WE WOULD, WE WOULD LIKE THAT. YEAH. IS THIS, THIS, THIS COMMISSION DOES TAKE WHAT NEIGHBOR'S SAYING INTO, YOU KNOW, PRETTY SERIOUSLY YEAH. RIGHT. AS WELL AS NEIGHBORHOOD ASSOCIATION. SO I THINK, YOU KNOW, IT'S GONNA BE, COULD BE CRITICAL AT LEAST FOR SOME MEMBERS HERE, YOU KNOW, TO HAVE THAT WEIGH INTO THE DECISION. SO YEAH, WE WOULD APPRECIATE THAT. AND IT MIGHT BE ALSO EXPLORING THE PARKING IN THE REAR ALSO TO PROVIDE ADDITIONAL BUFFER TO THE NOISE AND MAYBE DESIGN. WELL THEY'LL HAVE TO, YOU CAN'T ADD RESTRICTIONS TO WHAT WE CAN'T HAVE CONDITIONS. BUT, UM, SO THE NEXT MEETING THAT WE HAVE IS GONNA BE ON THE 20TH AND THEN WE HAVE ONE ON JUNE 3RD. IS THERE A DATE THAT WOULD GIVE YOU ENOUGH TIME TO ADEQUATELY DISCUSS YOUR, YOUR PROJECT WITH? I THINK THE THIRD WOULD [01:45:01] GIVE US ENOUGH TIME TO, UH, OKAY. I'M LOOKING FOR A MOTION TO CONTINUE TO JUNE 3RD UNA REGARDING BO OA CA UH, DASH 24 DASH 0 3 0 2. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A CONTINUANCE TO JUNE THE THIRD. SECOND. SECOND BY COMMISSIONER CRUZ. COMMISSIONER UNA? UH, YOU'RE IN SUPPORT. I'M IN SUPPORT, YES. ALL, UH, COMMISSIONER CRUZ? YES. I'M INSUBORDINATE. ALL RIGHT. UH, LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER ZUNA? YES. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER BURSON? YES. COMMISSIONER STEVENS? YES. COMMISSIONER IBANEZ? YES. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER MANA? I CONCUR. COMMISSIONER AVIVE? I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. CHAIR ORIAN. UH, I CONCUR SO THAT THE MOTION PASSES. THIS HAS BEEN CONTINUED TO JUNE 3RD. UM, THANK YOU VERY MUCH. LET'S SEE WHAT YOU CAN, WHAT YOU CAN GET FOR US. ABSOLUTELY. THANK YOU. THANK YOU. MM-HMM. . ITEM FIVE. ALL RIGHT. ITEM FIVE IS BO A DASH 24 DASH 0 3 4. ADDRESS 30 UH, 63 64 INTERSTATE 35 NORTH. UH, DISTRICT TWO APPLICANT BEING TRUANCE, UH, PASTEL, UM, ONE A FENCE MATERIAL VARIANCE TO ALLOW A CORRUGATED METAL FENCE ON THE SIDE AND FRONT OF THE PROPERTY. AND TWO, A THREE FOOT THREE INCH FENCE HEIGHT. UH, SPECIAL EXEMPTION FROM THE MAXIMUM THREE FOOT HEIGHT FENCE HEIGHT TO ALLOW A SIX FOOT, SIX INCH PRIVACY FENCE ON THE FRONT AND SIDE OF THE PROPERTY. UH, ZONING FOR THIS PROPERTY IS I ONE, THE APPLICANT BEING THE PROPERTY OWNER AND OPERATOR OF THE RIMAN INN SUITES AND HOTEL IS, UH, WAS CITED BY, UH, SORRY, CITED BY CODE ENFORCEMENT FOR A FENCE CONSTRUCTED WITHOUT A PERMIT. A SECOND CITATION WAS ISSUED DUE TO NOT OBTAINING A FENCE, PERMIT OR VARIANCE. THE APPLICANT APPLIED FOR FENCE MATERIAL VARIANCE TO ALLOW THE CORRUGATED METAL FENCE TO REMAIN ON THE FRONT AND SIDE OF THE PROPERTY. ADDITIONALLY, DURING STAFF REVIEW OF THE PROPERTY, IT WAS DETERMINED THAT THE FENCE HEIGHT EXEMPTION, UH, WOULD BE REQUIRED DUE TO THE NON-INDUSTRIAL USE OF THE PROPERTY. ACCORDING TO THE PUBLIC RECORDS, THE PROPERTY WAS ACQUIRED ON FEBRUARY 17TH, 2023 WITH GOOGLE IMAGES, UH, REFLECTING THE FENCE WAS BUILT SOMETIME BETWEEN FEBRUARY AND JULY OF 2023. THE APPLICANT STATED THAT THEY WERE UNAWARE OF THE FENCE, HEIGHT, VARIANCE, AND UTILIZATION OF PROHIBITED FENCE MATERIALS AS CONSTRUCTION WAS INITIATED BY THE PREVIOUS OWNER. DUE TO ONGOING VIOLENT CRIMINAL ACTIVITY IN THE SURROUNDING AREA, THE APPLICANT IS REQUESTING TO RETAIN THE FENCE FOR THE PRIVACY, SAFETY, AND SECURITY OF HOTEL GUESTS AS, AS WELL AS THEIR FAMILY WHO ALSO RESIDES ON THE PROPERTY. WHILE THE USE OF THE HOTEL IS NOT PERMITTED IN THE CURRENT I ONE BASED ZONING DISTRICT, THE DEFENSE IS INDEPENDENT OF THE USE AND CAN BE CONSIDERED FOR THE BOARD OF ADJUSTMENT AS PROPOSED VARIANCE. APPLICANT ATTEN UH, APPLICANT ATTENDED A CODE OF ENFORCEMENT ADMINISTRATIVE HEARING ON MARCH 19TH AND THE CITATIONS HAVE BEEN PLACED ON HOLD PENDING BOA DECISION, THIS IS A SITE PLAN. EVERYTHING, UH, THE LINE IN YELLOW IS CURRENTLY WHERE THE SIDE FENCE IS LOCATED AND THEN THERE IS A YELLOW SQUARE, WHICH IS ALMOST THE COURTYARD AND THAT IS THE FRONT AREA OF THE PROPERTY. THIS IS A VIEW OF FROM THE STREET. THIS IS THE VIEW OF THE WEST SIDE FENCE AND THIS IS THE VIEW OF THE COURTYARD. AND THIS WAS THE VIEW PRIOR TO 2023 PRIOR TO INSTALLATION. AND THIS IS FROM ACROSS INTERSTATE 35, NORTH AND EAST VIEW OF THE PROPERTY WEST VIEW THE PROPERTY STAFF RECOMMENDATION FENCE HEIGHT EXEMPTION. UH, STAFF RECOMMENDS APPROVAL IN BOA DASH 24 DASH 1 0 3 3 4 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE FENCE IS LIMITED TO THE WEST SIDE AND A SMALL PORTION OF THE FRONT OF THE PROPERTY AND WILL NOT IMPEDE CLEAR VISION REQUIREMENTS. AND TWO, DUE TO THE LOCATION OF THE PROPERTY, THE FENCE HEIGHT WILL PROVIDE THE NECESSARY SAFETY AND PRIVACY SCREENING FOR HOTEL PATRONS. STAFF. RECOMMENDATION FOR THE CORRUGATED METAL VARIANCE, UH, STAFF RECOMMENDS DENIAL AND BO OA DASH TWO FOUR DASH 1 0 3 0 0 3 4 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE STRUCTURE APPEARS TO ALTER THE ESSENTIAL CHARACTER OF THE DIS DISTRICT AS IT IS CONSTRUCTED A PROHIBITED FENCE MATERIAL. AND TWO, THERE ARE NO UNIQUE CIRCUMSTANCES ON THE PROPERTY THAT MERIT DEVIATION FROM THE REQUIRED FENCE MATERIAL AS THERE ARE NO OTHER SIMILAR FENCES IN THE AREA. STAFF MAILED FIVE NOTICES. TWO WERE IN FAVOR, ZERO IN OPPOSITION. AND THERE ARE NO REGISTERED NEIGHBORHOOD ASSOCIATIONS WITHIN 200 FEET OF THE PROPERTY. THIS WOULD BE IN FAVOR. [01:50:13] AND THIS CONCLUDES STAFF'S PRESENTATION. APPLICANT IS AVAILABLE. THANK YOU. LET HAVE THE APPLICANT COME FORWARD. ALL RIGHT. PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE. MY NAME IS, UH, TRANT TONY PATEL. AND I'M THE CURRENT OWNER AND MANAGER OF RIMAN AND IN SUITES. UM, AS HAD STATED, NO, THAT'S OKAY. OKAY. SO AS MELANIE HAS STATED, UM, WE WERE UNAWARE OF THIS BEFORE THE PURCHASE OF THE PROPERTY. UH, WE OBVIOUSLY DID OUR DUE DILIGENCE ON THE HOMEWORK OF THE PROPERTY IN THE AREA. DIDN'T REALIZE THE CRIME RATE 'CAUSE ALL THIS KIND OF OCCURS IN THE NIGHTTIME 'CAUSE THAT'S PRETTY MUCH THEIR DAYTIME. UM, SO WE HAD KIND OF, UH, TOLD THE PREVIOUS OWNERS THAT WE WANTED TO MAKE SURE THAT THERE WAS A FENCE PLACED UP JUST FOR PRIVACY AND, UM, NOT REALIZING THAT THERE WAS, THERE WAS A, THEY DIDN'T USE THE CORRECT MATERIAL. WE DIDN'T, OBVIOUSLY DIDN'T KNOW THIS AS WELL UNTIL THE OFFICERS SHOWED UP. I'VE BEEN IN RESIDENT OF SAN ANTONIO OVER 20 YEARS. I HAVE, UH, ZERO HISTORY OF ANY VIOLATIONS OF ANY OF THE PROPERTIES THAT I'VE MANAGED OR OWNED. UM, AND I'M ASKING FOR THE BOARD FOR A EXCEPTION FOR THIS PARTICULAR THING. FOR ONE. UM, FINANCIALLY RIGHT NOW IT'S A VERY, VERY HARD STRUGGLE WITH THE ADJACENT PROPERTY HALLMARKING IN SUITES. AND I'VE PROVIDED SOME EVIDENCE THAT I'LL HAVE PRESENTED TO YOU GUYS HERE. UM, THERE'S A VERY, VERY HIGH CRIME RATE THAT'S GOING ON AT THE HALLMARKING IN SUITES ON A DAILY BASIS. THEY HAVE POLICE, UH, PARAMEDICS, FIRE DEPARTMENTS THERE 'CAUSE IT'S EITHER SOMEBODY'S OVERDOSING OR GETTING APPREHENDED BECAUSE THEY'RE WANTED AS A FUGITIVE. UH, WE HAVE SOME VIDEO FOOTAGE OF THAT AS WELL. AND I HAVE A 10-YEAR-OLD AND A 12-YEAR-OLD THAT STAY THERE. SO THE COURTYARD, UH, IN SPECIFIC OBVIOUSLY WAS PLACED FOR THAT AREA BECAUSE I CAN'T REALLY TAKE MY KIDS OUT TO GO BIKE RIDE IN MY OWN PARKING LOT. AND IF I KEEP THEM AS A HOMEBODY, YOU KNOW, FOR THE FUTURE, I WANT THEM TO MAKE SURE THEY CAN INTERACT WITH PEOPLE AS WELL. BUT UNFORTUNATE CIRCUMSTANCE, UM, THAT IT BROUGHT US TO, AND WE OBVIOUSLY DON'T WANNA MAKE THIS OUR PRIMARY HOME FOR A LONG TERM BECAUSE, UH, THERE'S NOT MUCH HELP OTHER THAN, YOU KNOW, SPEAKING OUT. AND WE'VE, I'VE REACHED OUT TO THE DISTRICT PERSON ON SEVERAL OCCASIONS, LEFT VOICEMAILS, EMAILS TO SEE IF THEY CAN HELP US OUT WITH THIS PARTICULAR PROBLEM BECAUSE PREVIOUSLY THE GUY THAT SOLD US ON THE PROPERTY HAD TOLD US THERE'S CONTRACTORS STAYING THERE, WHICH IS TRUE. YOU KNOW, WE HAVE CONTRACTORS THAT COME THERE. THEIR FIRST QUESTION THEY ASK IS, IF WE STAY HERE, IS OUR STUFF GONNA GET RIPPED OFF OR STOLEN IN THE BACK OF OUR TRUCK? ONLY THING I CAN DO, BECAUSE I DO MANAGE THE PROPERTY 24 HOURS A DAY BETWEEN ME AND MY WIFE, WE DON'T HAVE STAFF. UM, IS WE CAN TELL 'EM THAT WE CAN KEEP AN EYE ON IT. I MEAN, NOTHING'S PROMISED TO ANYBODY, BUT, YOU KNOW, WE TRY AND I THINK THAT WE UNDERSTAND THERE'S OTHER MATERIALS THAT SHOULD HAVE BEEN USED. BUT, UM, PREVIOUSLY, AS THE PREVIOUS CASE STATED, KICKING DOWN THE FENCE, UH, THEY HAD A BRICK FENCE ADJACENT ON THE WEST SIDE WITH THE QUALITY SUITES. THEY HAD. I DON'T KNOW HOW THEY BANGED THAT THING UP. AND THEY, THEY TORE THAT THING DOWN TOO. UM, AND TALKING TO THE NEIGHBORS, BEING THAT THEY'RE IN FAVOR, QUALITY, SWEETS, GUY WANTS TO PLACE FENCE TO TWO. AND I WARNED HIM, I SAID, LOOK, YOU KNOW, I GOT THIS NOTIFICATION BEFORE YOU DO ANYTHING. MAKE SURE YOU DO DO YOUR DUE DILIGENCE BEFORE YOU PUT ANYTHING UP. BECAUSE NOW WHAT THEY'VE DONE IS WHENEVER THERE IS SOMETHING GOING ON AT THE HOTEL AT THE HALLMARK INN, THEY'RE MOVING ON TO THE QUALITY SUITES. AND I'M THE GUY IN THE MIDDLE. SO I, I'M THERE 24 HOURS. SO I, IF I SEE ANYTHING, I'LL KICK THEM OFF OF THE PROPERTY AND THEY'RE TRYING TO RUN AWAY FROM THAT JASON PROPERTY IF THE, YOU KNOW, THE LAW IS COMING OR ANYTHING. BUT THE OTHER PEOPLE, THEY'RE RUNNING OFF OF STAFF. SO THE STAFF, ALL WE CAN DO IS NOTIFY THEM WHETHER THEY RUN HIM OFF OR NOT. THAT'S KIND OF THEIR THING. AND UH, MELANIE, IF YOU CAN PULL UP A COUPLE OF THOSE SLIDES PLEASE. SO THERE'S SOME REVIEWS THAT WERE, I JUST WANTED TO KIND OF SHOW YOU GUYS. SO THIS IS NOT A HE SAID SHE SAID TYPE OF THING. SO THE HALLMARK IN SUITES, THESE ARE ACTUAL REVIEWS BY CONSUMERS THAT YOU'LL SEE. THERE'S HIGHLIGHT OF UNSAFE OF ACTIVE SHOOTINGS THAT HAVE HAPPENED AT THE HOTELS. UH, WE'VE REPORTED THIS TO THE CITY, UH, AND I I, I DON'T KNOW OF IF THEY'VE DONE ANYTHING ABOUT IT, BUT, UM, [01:55:01] JUST A LOT OF ILLEGAL ACTIVITIES AND IT, IT, IT IS KIND OF LIKE A HOLE IN THE WALL. I GUESS. THE PREVIOUS OWNER FROM WHAT I GOT OUT WAS THEIR WHOLE FIRST FLOOR WAS BEING GIVEN OUT TO HOMELESS. SO IF A HOMELESS GUY CAME IN AND SAID HE DIDN'T HAVE A PLACE TO STAY, THE, THE GENTLEMAN WOULD JUST GIVE HIM A ROOM. SO IT'S ALREADY HAD PREVIOUS REPUTA REPUTATION OF IT. AND NOW THAT THE, THE NEW OWNERS THERE, THEY CHARGE, BUT THEY STILL BREAK INTO HIS WINDOWS AND GET INTO HIS ROOM AND, I DON'T KNOW, THEY'RE JUST NOT, THEY'RE NOT DOING A WELL ENOUGH JOB TO KIND OF REALLY ELIMINATE THIS PROCESS. SO THESE ARE JUST KIND OF REVIEWS AND I WANTED TO PLACE OUT ON THE EVIDENCE. THERE'S, UH, RECORDS FROM SAPD, UH, THAT WE HAD REQUESTED AS WELL. UM, AND, AND THE NEXTDOOR HOTEL, YOU'LL SEE THEIR WRAP SHEET RIGHT THERE. IT'S A COUPLE PAGES LONG AND THIS IS, WE ONLY PULLED THIS FOR 24 MONTHS. OKAY. ALL RIGHT. AND THERE'S, UM, THE WINDOW. SO MY DAUGHTER'S, WE HAVE, WE HAVE A, WE HAVE A ROOM AT THE BOTTOM. WE HAVE TWO ROOMS UP TOP. MY DAUGHTER SLEEPS ON THE SECOND FLOOR. THIS IS WHAT HA HAD HAPPENED AFTER WE TOOK IT OVER BECAUSE THE GUY, WHOEVER WAS POINTING TOWARDS WHOEVER SHOT RICOCHETED RIGHT ONTO MY WINDOW. LUCKILY IT WAS A DUAL PAN AND IT HAPPENED AT NIGHTTIME. WOKE UP IN THE MORNING, MY DAUGHTER GETS DOWN READY TO GO TO SCHOOL AND SHE'S LIKE, DADDY, WHAT HAPPENED? I CAN'T TELL MY DAUGHTER THAT THERE'S SOMEBODY THAT SHOT AT OUR WINDOW 'CAUSE SHE'S GONNA BE, THE FIRST FEW MONTHS SHE WOULDN'T EVEN SLEEP UPSTAIRS BECAUSE SO MUCH COMMOTION GOES ON NEXT DOOR. SO I JUST HAD TO KIND OF MAKE UP A STORY AND TELL HER, HEY, THE, THE LAWN GUY CAME AND HE WAS, YOU KNOW, WEED EATING THE PLACE AND THE ROCK RICOCHETED, SO IT SHATTERED THE GLASS. OKAY. SO THERE'S, THERE'S A COUPLE THINGS, UM, ON THIS. SO WE, THE STAFF IS NOT SUPPORTING THE MATERIAL USE OF CORRUGATED METAL. UM, NOW THIS BOARD DOES HEAR THESE SOMETIMES, BUT I NOTICE ON THE PICTURES I DIDN'T, I DIDN'T SEE A CAPPING RIGHT. AND I WOULDN'T BE OPPOSED, I I WOULD BE IN FAVOR OF CAPPING IT. I HAVE, WE'VE HAD THAT DISCUSSION AND I UNDERSTAND THE MATERIAL. SO IF WE WOULD'VE PLACED A BOARD MATERIAL, WHICH QUALITY SUITES HAS HAD IN THE BACK OF THEIR THING. AND THAT THING, THE MINUTE THAT IT'S FIXED, THE NEXT DAY IT'S TORN DOWN. OKAY. AND THE CHAIN LINK FENCE, THAT WOULD BE JUST SOMETHING, A SORE OF THE EYE AND A SAFETY ISSUE. SAFETY NOT SO MUCH FOR THE PERSON THAT'S CHECKING IN, UH, BECAUSE I DO MANAGE ANOTHER PROPERTY, TWO EXITS DOWN, WHICH IS THE QUALITY SUITE. SO IF IN THE EVENT, LIKE DURING RODEO, FOR EXAMPLE, IF WE'RE SOLD OUT, YOU KNOW, A A PERSON THAT'S TRAVELING IS NOT JUST GONNA BOOK AT AN INDEPENDENT HOTEL, THEY'RE GONNA GO TO A FRANCHISE HOTEL. AND WHAT WE'RE JUST TRYING TO DO IS TO SAY, HEY, IF WE'RE SOLD OUT, YOU CAN GO TO OUR SISTER PROPERTY. BUT HOW WOULD IT LOOK IF OUR SISTER PROPERTY HAS ALL THIS STUFF GOING ON NEXT DOOR? AND WE DIDN'T WANT NO PASS THROUGHS. AND OBVIOUSLY, LIKE I SAID, THIS WAS ALREADY PREVIOUSLY DONE. SO ARE YOU, ARE YOU AMENDING YOUR APPLICATION TO INCLUDE A CAP ON THE CORRUGATED METAL? YES. OKAY. AND I THINK THEY HAVE A, MELANIE, YOU HAVE THE VIDEO THAT YOU WANT TO SHOW WITH THE ACTIVE SHOOTER, PLEASE. IF THEY'LL PLAY. SO THERE WAS AN ACTIVE SHOOTER ON ONE NIGHT LAST YEAR. HE'S ON THE SECOND FLOOR. HE GETS DROPPED OFF. UH, THAT'S A ACCIDENT THAT HAD HAPPENED. SO THERE'S A VEHICLE AT THREE O'CLOCK IN THE MORNING, AND THIS IS THE ACTIVE SHOOTER. HE GETS DROPPED OFF. THIS IS AT THE HALL MARKET IN SUITES. HE GETS IN ON THE SECOND OR THIRD FLOOR AND HE JUST GOES TO TOWN WITH IT LIKE . IT'S NOBODY'S BUSINESS. AND THIS, THIS GOES ON ALL NIGHT. THIS IS PORTION OF WHAT HAPPENS. I I JUST SEE PEOPLE WALKING FROM THEIR CARS. NO, SHE'S, I HAVE TWO VIDEOS, SO I DON'T KNOW IF IT WAS THE SECOND ONE. IT MIGHT BE THE SECOND. OH, THE ONE WITH THE YELLOW PANTS SHOOTING UP. OKAY. SO YOU'LL SEE HIM RIGHT THERE ON THE SECOND FLOOR. I DON'T KNOW IF YOU CAN SEE ON THE TOP LEFT CORNER. YEAH, THAT'S THE GENTLEMAN. AND WE DO HAVE A SECOND VIDEO THAT WILL SHOW YOU HIM ACTUALLY. OH, OKAY. THERE YOU GO. YEAH. [02:00:01] SO, AND HE IS GOT AK 47. THIS IS THE VIEW FROM THE SECOND FLOOR. THAT'S HIM RIGHT THERE. WHAT THE, COME ON. HOW DOES, HOW DOES THE FENCE SUPPOSED TO PROTECT ? SO, WELL, I KNOW THE FENCE IS NOT GONNA PROTECT IT. THIS HAPPENED ON THE OTHER SIDE, BUT I MEAN, JUST AS PRIVACY OR SECURITY REASONS WHY I CAN'T PUT A FENCE 20 FEET HIGH, OBVIOUSLY. YEAH, I KNOW, BUT I MEAN, SAFETY OF THE MEASURES IS, IF IT'S A CHAIN LINK, THE BULLET'S GONNA GO THROUGH ONE OF THE HOLES. SURE. HOPING THAT ON THIS TYPE OF FENCE AT LEAST. OKAY. YEAH. STAFF, THEY'LL HOLD IT UP. I, I UNDERSTAND. STAFF. IS THERE ANY PUBLIC COMMENTARY VOICEMAILS? UH, WE DO HAVE, OH, NO, NO PUBLIC COMMENTS. ALL RIGHT. SO IF THERE'S ANY OTHER QUESTIONS FOR THE APPLICANT, I HEARING NONE. WHAT WE'RE GONNA DO IS DELIBERATE AND SEE HOW THIS TURNS OUT. UH, SO WE'RE LOOKING FOR A MOTION. ANYONE? I'LL READ IT IF NO ONE ELSE WANTS TO. OKAY. REGARDING CASE NUMBER BO EIGHT DASH 24 DASH 1 0 3 34, I MOVE TO THE BOARD OF ADJUSTMENT GRANDER REQUEST FOR A THREE FOOT, THREE INCH FENCE SITE SPECIAL EXEMPTION FROM THE MINIMUM THREE FOOT FENCE SITE TO ALLOW A SIX FOOT SIX PRIVACY FENCE IN THE FRONT AND SIDE OF THE PROPERTY, SITUATED AT 63 64 INTERSTATE 35 NORTH. APPLICANT BEING TRUANT PATEL, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT OF THE PUR PURPOSE OF THE CHAPTER. THE FENCE HEIGHT DOES NOT EXCEED EIGHT FEET IN HEIGHT, PROVIDES SECURITY FOR HOTEL PATRONS FROM NEIGHBORING PROPERTIES, AND IS LIMITED TO THE WEST SIDE OF THE PROPERTY, LAND IN SMALL PORTIONS OF THE FRONT YARD. IF GRANTED, STAFF FINDS THE REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE. B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED DUE TO THE PUB, UH, UM, PROPERTIES PROXIMITY TO AN EXPRESSWAY AND CONTINUOUS CRIMINAL ACTIVITY OCCURRING FROM THE NEIGHBORING PROPERTIES. AND IN INCREASED FENCE HEIGHT WILL SERVE THE PUBLIC WELFARE BY PROVIDING THE NEEDED SECURITY FOR GUESTS AND SUBSTANTIAL JUSTICE WILL BE SERVED. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY THE PROPOSED USE. THE SPECIAL EXEMPTION WILL NOT INJURE THE NEIGHBORING PROPERTIES AS A FENCE SITE, WILL NOT IMPEDE TRAFFIC OR CLEAR VISION REQUIREMENTS AS IT IS LOCATED A SAFE DISTANCE FROM FRONT SETBACK AND CREATES ENHANCED SECURITY AND PRIVACY FOR HOTEL GUESTS. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE ADDITIONAL FENCE SITE AND THE FRONT PROPERTY LINE WILL NOT ALTER LOCATION FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT AS THE FENCE SITE WOULD PROVIDE THE NECESSARY PRIVACY FROM PUBLIC VIEW AND ACCESS E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR REGULATIONS HERE AND ESTABLISH FOR THE SPECIAL DISTRICT. THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT AS A PLACEMENT OF DEFENSE WILL NOT CREATE ANY CLEAR VISION ISSUES ON THE LOT. END OF MOTION. SECOND. SECOND BY COMMISSIONER MANNA. UM, I'M NOT OPPOSED TO THE FENCE. SITE VARIANCE. UM, COMMISSIONER MANNA. SO, SO ONE QUESTION I AB IS, UM, RIGHT NOW IT'S TO, TO THE FRONT OF THE PROPERTY LINE. AND SO SHOULD WE PUSH THAT BACK A LITTLE BIT SO THAT IT'S ALONG WITH THE CURRENT DESIGN, UM, VERSUS HAVING IT RUN ALONG, YOU KNOW, I GUESS ALONG RIGHT. SO I'M GONNA GO AHEAD AND AMEND THE MOTION AS READ, UH, SO THAT THE, THE, THE FENCE HEIGHT, UH, IS, IS AS SHOWN PER THE, UH, APPLICANT'S APPLICATION AND NOT ALONG THE PROPERTY LINE. I COULD YEAH, I, I AGREE WITH THAT POSITION, SO I'LL BE SUPPORTING IT. OKAY. UM, ANY OTHER COMMISSIONERS LIKE TO COMMENT HEARING UNANIM? HAVE A ROLL CALL. VOTE CHAIR ORIAN? YES. COMMISSIONER MANANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BURTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER EZ? I CONCUR. COMMISSIONER DEAN. I I DID NOT CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER GOMEZ. I CONCUR. COMMISSIONER BENAVIDES. I CONCUR. COMMISSIONER LUNA. I, I CONCUR. COMMISSIONER VASQUEZ. IYE CONCUR. IS THAT EVERYONE? TEN ONE TEN TO ONE. MOTION PASSES. 10 TO ONE. UH, NEXT ONE IS REGARDING DEFENSE MATERIALS. ANYONE LIKE TO READ THAT? [02:05:02] OKAY. STEVENS, TAKE IT AGAIN. OH, COMMISSIONER STEVENS. REGARDING CASE NUMBER BO OA DASH 24 DASH 0 3 0 3 4. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR FENCE MATERIAL VARIANCE TO ALLOW CORRUGATED METAL ON THE SIDE AND FRONT PROPERTY SITUATED AT 63 64 INTERSTATE 35 NORTH APPLICANT BEING TRISHA PATEL. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNITED 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 ALLOWING THE SIX FOOT SIX INCH CORRUGATED METAL FENCING TO REMAIN ON THE SIDE AND FRONT YARD OF THE PROPERTY, AS THE FENCE DOES NOT IMPEDE THE PUBLIC RIGHT OF WAY TO CLEAR VISION REQUIREMENTS AND PROVIDES PRIVACY SCREENING FOR THE HOTEL PATRONS. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF. STAFF FINDS SPECIAL CONDITIONS OF THE SUBJECT PROPERTY THAT WOULD PERMIT AN EXCEPTION TO THE APPROVED FENCE MATERIALS. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY, UNNECESSARY HARDSHIP AS SUCH AS DEMOLISHING THE CORRUGATED METAL FENCE. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED WITH THE APPROVAL OF THE CORRUGATE METAL PRIVACY FENCE ON THE FRONT AND SIDE OF THE PROPERTY. FRONT AND SIDE OF THE PROPERTY WILL WILL PROVIDE THE DURABILITY, SECURITY, AND SAFETY NEEDED TO PROTECT PROPERTY OWNER AND HOTEL GUESTS. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION AND 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 WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE, THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE GRANTING OF THE VARIANCE VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE, THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED AS THE USE OF CORRUGATED METAL FENCING PROVIDES PRIVACY AND SEPARATION BETWEEN THE SUBJECT PROPERTY AND THE ADJACENT LOT. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCES SAW 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 THE GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THAT THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS PROXIMITY TO A HIGH TRAFFIC EXPRESSWAY AND NEED TO PROVIDE A NECESSARY SAFETY AND PRIVACY SCREENING FOR HOTEL PATRONS AND OF MOTION. SECOND. SECOND BY COMMISSIONER BENAVIDES. COMMISSIONER STEVENS. UM, I DON'T HAVE A PROBLEM WITH THIS MATERIAL, ESPECIALLY GIVEN THE, THE ISSUES THAT YOU'VE HAD GOING FORWARD. SO I'LL BE IN SUPPORT. COMMISSIONER BENAVIDES, I CONCUR WITH MY COLLEAGUE, BUT WAS THERE, UM, DID HE MENTION THE, IS THIS THE, THE FENCE THAT THEY WERE GONNA, HE WAS GONNA PUT SOMETHING ON TOP OF IT? YES. THIS IS UH, THIS IS WITH A CAP. WITH A CAP, YEAH. WE'LL, YES CAP. OKAY. SO CAN, WOULD YOU LIKE THAT CLARIFIED IN THE MAY? YES, PLEASE. CAN YOU, CAN YOU, UH, CLARIFY THAT, THAT IT INCLUDES A CAP? UH, YES. SO, UH, AN AMENDMENT TO THE MOTION TO INCLUDE A CAP ALONG THE METAL FENCE. ALRIGHT, THANK YOU VERY MUCH. ANY OTHER COMMISSIONERS LIKE TO ADD HEARING NOWS HAVE ROLL CALL, VOTE PLEASE. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER AVILES? I CONCUR. COMMISSIONER BURON? NO, I DO NOT CONCUR. COMMISSIONER BONIS? I CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER MANA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER ZUNA? I CONCUR. COMMISSIONER VASQUEZ, I DO NOT CONCUR. CHAIR ORIAN, UH, I CONCUR WITH THE FINES OF FACT. MOTION FAILS. SEVEN TO FOUR AND WE NEED NINE VOTES. UH, SO IF YOU HAVE ANY QUESTIONS, UH, YOU CAN TALK TO STAFF ABOUT YOUR NEXT, UH, ACTION ON THIS. OKAY? ALL RIGHT. UH, ITEM NUMBER SIX. ALRIGHT, BO OA CASE 24 DASH 1 0 3 0 0 5 5. ADDRESS, 7 0 1 SOUTH ZAZA MORRIS STREET COUNCIL DISTRICT FIVE. APPLICANT JAMAL OR JAMAL AND SMITH CONSTRUCTION. REQUEST A REQUEST FOR A ONE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT HEIGHT [02:10:01] TO ALLOW A SIX FOOT PREDOMINANTLY OPEN FENCE IN THE FRONT YARD. ZONING IS COMMERCIAL WITH A SPECIFIC USE AUTHORIZATION FOR A HOSPITAL. THE SUBJECT PROPERTY IS LOCATED ALONG SOUTH AZAR, ZAMORA STREET, NORTH OF GUADALUPE STREET. LOCATED WITHIN THE NOTIFICATION BOUNDARIES OF PROSPECT HILL NEIGHBORHOOD ASSOCIATION AND HISTORIC WEST SIDE RESIDENCE NEIGHBORHOOD ASSOCIATION. THE APPLICANT HAS ALREADY CONSTRUCTED SIX FEET, PREDOMINANTLY OPEN FENCING IN THE REAR AND SIDE YARDS OF THE PROPERTY SPANNING THE FRONTAGES OF SAN LOUISE STREET, ELMENDORF STREET, EL PASO STREET. AS ALLOWED BY CODE, THE APPLICANT IS SEEKING TO CONTINUE THE SAME SIX FEET, PREDOMINANTLY OPEN FENCE IN THE PROPERTY'S FRONT YARD ALONG SOUTH SARZA MORRIS STREET. THE FRONT YARD FENCE WILL BE APPROXIMATELY 21 FEET FROM THE SOUTH SARZA MORRIS STREET CURB AND THE SITE PLAN. SUBJECT PROPERTY SHOWN SIDE AND REAR VIEW AND THEN THIS IS WHERE THEY'RE PROPOSING TO GET THE FRONT YARD FENCE AND THE SURROUNDING AREA ACROSS FROM ZAR ZAMORA ACROSS THE STREET. STAFF. RECOMMENDATION FOR THE FENCE HEIGHT SPECIAL EXCEPTION STAFF RECOMMENDS APPROVAL AND BO OA 24 1 0 3 0 0 0 5 5 BASED ON THE FOLLOWING FINDINGS OF FACT, THE PROPOSED HEIGHT WILL ADD SECURITY TO THE PROPERTY AND SURROUNDING AREA AND THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. WE MAILED OUT 121 NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION. PROSPECT HILL NEIGHBORHOOD ASSOCIATION IS IN FAVOR. HISTORIC WEST SIDE RESIDENTS NEIGHBORHOOD ASSOCIATION IS IN FAVOR AND THE TWO NEIGHBORHOOD ASSOCIATIONS, UM, COMING IN FAVOR VIA EMAIL. I BELIEVE WE HAVE A VOICEMAIL FROM THE HISTORIC WEST SIDE AND THAT CONCLUDES STAFF PRESENTATION. ALRIGHT, IS THE APPLICANT PRESENT? YES, APPLICANT IS WHERE WE GO? SHOULD BE MAYBE THEY MIGHT BE OUTSIDE. WE'LL CHECK. ALL RIGHT. UH, WHILE WE'RE DOING THAT, IS THERE ANY PUBLIC COMMENTARY THAT WE CAN, UH, VOICEMAILS OR ANYONE SIGNING TO SPEAK? YES, I'LL PLAY A VOICEMAIL. ALL RIGHT THERE. HI, UH, MY NAME IS LETICIA SANCHEZ AND MY ADDRESS IS 1710 VERA CRUZ. ZIP CODE SEVEN EIGHT TWO SEVEN. MY PHONE NUMBER IS (210) 363-5895. I'M SPEAKING ON AGENDA ITEM NUMBER SIX. ON BEHALF OF THE HISTORIC WEST SIDE RESIDENCE ASSOCIATION, OUR ASSOCIATION APPROVES THE ONE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT HEIGHT TO ALLOW SIX FOOT PREDOMINANTLY OPEN FENCE. UM, LOCATED AT, UM, ON THE PROPERTY AT 7 0 1 SOUTH ZAMORA. WE HOPE THAT YOU WILL VOTE TO APPROVE THIS SPECIAL EXCEPTION. THANK YOU VERY MUCH. BYE. ALRIGHT, IS THE APPLICANT FOR THIS CASE HERE? NOT SURE IF, UH, WE CAN TABLE THIS TO THE LAST ITEM. YEAH, THAT'S FINE. AND UM, ALSO, ITEM NUMBER 10, UM, WE HAVE DISPATCH INTERPRETER, I HAVE TO LEAVE AND THE APPLICANT IS SPANISH SPEAKING, SO REQUEST THAT TO MOVE UP NEXT. SURE. AND THAT'S NOT A PROBLEM. SO WE'RE GONNA TABLE ITEM, UH, NUMBER SIX UNTIL THE APPLICANT CAN, UM, UH, FIND THEIR WAY INTO THE GALLERY AND WE'LL MOVE ON TO ITEM 10. OKAY. ITEM NUMBER 10, UH, BO OA DASH 24 DASH 1 0 3 0 0 6 6. ADDRESS, 2319 FAIRHILL STREET COUNCIL, DISTRICT SEVEN APPLICANT VICTOR PEREZ. UH, A REQUEST FOR ONE, A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT SETBACK TO ALLOW CARPORT WITH A ONE INCH FRONT SETBACK AND TWO, A FIVE FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION TO ALLOW A 10 FOOT DRIVEWAY CLEAR VISION. THE ZONING IS R FIVE. THE SUBJECT PROPERTY IS LOCATED TO THE EAST OF CALLAHAN ROAD, SOUTH OF INGRAM ROAD, AND APPROXIMATELY 95 FEET FROM THE CORNER OF BROOK HILL AND FAIRHILL STREET ON MARCH 29TH, 2024. THE APPLICANT BEING THE PROPERTY OWNER WAS CITED BY CODE ENFORCEMENT FOR A [02:15:01] DETACHED CARPORT CONSTRUCTED WITHOUT A PERMIT. THE APPLICANT IS REQUESTING A NINE FOOT, 11 INCH, 11 INCH VARIANCE TO ALLOW IT ATTACHED CARPORT TO BE ONE INCH FROM THE FRONT PROPERTY LINE. ADDITIONALLY, DURING SITE VISITS, STAFF FOUND THAT THE FIVE FOOT DRIVEWAY CLEAR VISION VARIANCE IS ALLOWED OR WAS REQUIRED TO ALLOW THE PREDOMINANTLY OPEN, UH, FRONT FENCE TO REMAIN IN THE 10 10 FOOT DRIVEWAY CLEAR VISION, THE IN ISSU ISSUANCE OF A BUILDING PERMIT IS PENDING THE OUTCOME OF THE BOARD OF ADJUSTMENT AND THIS IS A SITE PLAN AND SUBJECT PROPERTY. THIS IS A VIEW FROM 2022 PRIOR TO THE CARPORT AND FENCE SUBJECT PROPERTY. THIS IS ACROSS FROM THE SUBJECT PROPERTY IN THE SURROUNDING AREA, THE EAST VIEW OF FAIRHILL STREET TOWARDS BROOK HILL STREET OF THE SUBJECT PROPERTY, AND THEN THE WEST VIEW FROM FAIRHILL STREET TO SOUTHWICK STREET SUBJECT PROPERTY. DO WE HAVE THE OKAY, UH, STAFF RECOMMENDATION. THE DRIVEWAY CLEAR VISION VARIANCE STAFF RECOMMENDS APPROVAL IN BO OA 24 DASH 1 0 3 0 0 0 6 6 BASED ON THE FOLLOWING FINDINGS OF FACT, THE ESTABLISHED CLEAR VISION OF THE AREA IS AT THE CURRENT FACE, UH, CURRENT FENCE LOCATION. AND TWO, IT IS NOT CONTRARY TO THE PUBLIC INTEREST AS A 10 FOOT, UH, OF THE DRIVEWAY, CLEAR VISION REMAINS. STAFF RECOMMENDATION FOR THE FRONT SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO OA 24 DASH 1 0 3 0 0 0 6 6 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE REDUCED FRONT SETBACK ENDURES THE NEIGHBORING PROPERTIES AND CITY RIGHT OF WAY. TWO, THERE ARE NO UNIQUE CIRCUMSTANCES ON THE PROPERTY THAT MERIT DEVIATION FROM THE FRONT SETBACK AS AN ATTACHED CARPORT EXISTS ON THE PROPERTY. AND THREE, THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD WOULD BE ALTERED IF THERE WERE NO OTHER SIMILAR AS THERE IS NO OTHER SIMILAR CARPORTS IN THE AREA. STAFF MAILED 32 NOTICES, UH, ZERO IN FAVOR, ZERO IN OPPOSITION, AND THE CLEAVER PARK NEIGHBORHOOD ASSOCIATION IS OPPOSED. AND THIS IS THEIR, UH, OPPOSED I THAT CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS HERE. OKAY. SO THE APPLICANT COME FORWARD AND WE'LL NEED TRANSLATION SERVICES FOR THIS ONE. MM-HMM. I PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT STREET. OKAY, SO, UM, THE PROJECT, I'M DOING THIS PROJECT BECAUSE, UM, I HAVE A MEDICAL, UH, PROBLEM AND I NEED TO BE ABLE TO MAINTAIN THE CARS COOLED ALSO FOR REC I HAVE, UH, RECTAL ISSUES. SO WHEN THE TRUCK IS VERY HOT, THEN I, I EXPERIENCED THE BLEEDING ISSUES AND SO THAT'S, THAT'S THE PROBLEM I'M HAVING AND THAT'S WHY I AM, UM, I'M MAKING THIS REQUEST. OKAY. UH, SO I HAVE A COUPLE QUESTIONS. UH, YOUR PROPERTY ALREADY HAS A CARPORT. IT DOES HAVE A, UH, UM, UM, COVERAGE, BUT IT'S ONLY SEVEN FEET AND IT'S NOT ENOUGH TO COVER THE TRUCK. IT'S ONLY SEVEN FEET DEEP. [02:20:02] YES. OKAY. UM, I WAS LOOKING AT, UM, GOOGLE EARTH STAFF, IF YOU, CAN YOU, UH, PLEASE BRING UP, UH, GOOGLE EARTH STREET VIEW OF THE SUBJECT PROPERTY. THERE'S, THERE ARE A FEW CARS PARKED UNDER THERE. UM, THEY APPEAR TO BE PRIMARILY COVERED BY THE CARPORT. AND SO HOW MUCH FURTHER IS YOUR CARPORT FROM THE EXISTING CARPORT? HOW DEEP IS IT? UH, THE ONE THAT HE'S PROPOSING. SO YOU CAN COVER THE VAN. YEAH. SO THE PICTURE, THE PICTURE SHOWS A CAR PARKED UNDER THE CARPORT AND A VAN PARKED BEHIND THAT CAR. AND SO IF HIS CARPORT IS COVERING THE VAN, AND HE'S SAYING THAT HIS CURRENT CARPORT IS ONLY SEVEN FEET AND IT LOOKS LIKE HE'S ATTEMPTING TO BUILD SOMETHING OVER 20 FEET LONG. SO YOU MEAN COVERING THE VAN OR THE TRUCK? WELL, YOU SEE THE, THE TRUCK IS CORRECT. YEAH. DO YOU SEE THE, THE PICTURE, THERE'S A CAR IN FRONT OF THAT VAN, BUT IF YOU SEE THE ONE UNDERNEATH THE UNDER, UNDER THE CURRENT CARPORT? MM-HMM. IT'S COVERED BECAUSE THE SUN HITS THE FRONT OF THE CAR. THE CAR IS NOT COMPLETELY COVERED BY THE NO, I CAN SEE THAT. YEAH, I, I'M JUST TRYING TO FIGURE OUT HOW, WHAT'S THE MINIMUM DEPTH THAT YOU NEED? DOES IT, DOES IT HAVE TO GO ALL THE WAY ONE INCH AWAY FROM THE PROPERTY LINE? NO. UH, RIGHT NOW I WOULD NEED THE 20 FEET. OKAY. ANY OTHER COMMISSIONER QUESTIONS? COMM, ZUNA. IT LOOKS, IT LOOKS LIKE THE VAN DOESN'T FIT UNDER THE EXISTING CARPORT. DOES IT FIT UNDER THE AND THAT'S WHY YOU'RE BUILDING THE NEW NO, IT DOESN'T FIT. IT DOESN'T FIT. THAT'S WHY HE NEEDS THE NEW OR WHAT HE PROPOSED IS WHAT HE'S SEEKING THE VARIANCE FOR. YES. AND WHAT IS THE LENGTH OF THAT VAN? THAT'S WHAT WE'RE TRYING TO SEE IS HOW MUCH DOES, DOES THAT, WHAT HE BUILT THAT METAL CARPORT, DOES IT HAVE TO GO THE ENTIRE LENGTH OF THE DRIVEWAY OR CAN IT JUST COVER THE VAN? THE VAN, I'M NOT SURE, BUT I THINK IT'S ABOUT 14 FEET. OKAY. AND THE THING IS THAT, UM, WHEN THE SUN HITS THE, THE CARPORT FROM THAT ANGLE, IT, IT HITS ALL THE WINDOWS IN THE VEHICLES. OKAY. COMMISSIONER, UM, COULD STAFF BRING UP THE, UM, PICTURE THAT SHOWS THE SIDE VIEW OF THE EXISTING CARPORT? BACK UP. ONE MORE. THERE WE GO. OR MAYBE ONE MORE. THERE WE GO. OKAY. SO, SO ONE OF THE QUESTIONS, UM, HAS TO DO WITH WHERE THE POST LAY THAT ARE SUPPORTING THE STRUCTURE AND THERE ARE, UM, ADDITIONAL VARIANCES THAT ARE ALLOWED IF THOSE BACK POSTS OR IF THE POST CLOSEST TO THE STREET ARE PUSHED BACK FIVE FEET. AND SO THE QUESTION WOULD BE IS COULD THE STRUCTURE STILL BE BUILT OR SUPPORT HAVING THOSE POSTS MOVE BACK AT LEAST FIVE FEET? YEAH, THAT'S, YEAH, THAT'S WHAT, UH, THE, THE BUILDERS TOLD ME THAT THEY COULD DO. AND ALSO THE STAFF THAT IT COULD, [02:25:01] YEAH, THE LADY THAT WENT FROM THE CITY TOLD ME THE, SO, SO, SO THEN A FIVE FOOT VARIANCE WOULD BE ADEQUATE. SO YOU MEAN, YOU MEAN MOVING THE POST FIVE FEET BACK? YEAH, SO THE POST, WHEN YOU, WHEN YOU ARE ASKING FOR A VARIANCE ON A CARPORT, IT'S THE POST THAT WE'RE REALLY MEASURING TO. OKAY. UH, IS THERE ANY PUBLIC COMMENTARY YOU WANT VOICEMAILS? I COMMENT. NO, SIR, THERE'S NONE. OKAY. UM, ARE THERE ANY OTHER STATEMENTS THAT YOU'D LIKE TO, UH, MAKE TO THE COMMISSION? NO. NO. SO THEN, UH, YOU'RE SAYING THAT I DO NEED TO MOVE THE POST FIVE FEET BACK. WELL IF THIS, THE, THE, THIS BOARD CAN, UH, UM, GRANT A, UH, ENTERTAIN A VARIANCE FOR A ONE INCH SETBACK, WHICH IS WHAT IS APPLIED FOR, OR IT CAN GO TO A FIVE FOOT VARIANCE, WHICH WOULD MEAN YOU'D HAVE TO MOVE THE POST BACK FIVE FEET. SO THERE ARE TWO OPTIONS. WELL, NO, WE COULD DO, WE COULD DO ANYWHERE IN BETWEEN OR NOTHING AT ALL. I MEAN, WE JUST, SO WHAT, WHAT WE'RE GONNA DO IS WE'RE GONNA START OFF WITH A MOTION. UH, WE'VE ALREADY, WE'VE HEARD THAT IT'S POSSIBLE TO MOVE THE POST BACK FIVE FEET. AND SO THAT'S JUST SOMETHING THAT ONE OF THE COMMISSIONERS WILL CONSIDER WHEN THEY DECIDE ON A MOTION. SO I'M GONNA CONFIRM MOTION COMMISSION IN REGARDING CASE NUMBER BOA DASH 24 DASH 3 0 0 6 6. I USE THE BOARD OF ADJUSTMENT GRAND REQUEST FOR A FIVE FOOT VARIANCE OF THE MINIMUM 10 FOOT SETBACK TO ALLOW A CARPORT WITH A FIVE FOOT FRONT SETBACK AND A INTO A FIVE FOOT VARIANCE FOR THE MINIMUM 15 FOOT CLEAR VISION TO ALLOW A, UM, 10 FOOT DRIVEWAY CLEAR VISION SITUATED 2 3 1 9 FAIRHILL STREET, A APPLICANT BEING VICTOR PETTIS. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC HAS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST TO OBSERVE THE SAFETY OF VEHICLE CLEAR TRAFFIC, VEHICULAR TRAFFIC FOR THOSE TRAVELING ALONG FAIR HILL STREET, THE FRONT SETBACK AND DRIVEWAY CLEAR VISION VARIANCE, THE CLEAR VISION STANDARDS APPEAR NOT TO BE CONTRARY TO THE PUBLIC INTEREST DUE DUE TO SPEC DUE DUE TO SPECIAL CONDITIONS OF LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD NOT NECESSARILY RESULT IN UNNECESSARY HARDSHIP AS A STRUCTURE WOULD'VE TO BE MOVED, UH, TO MEET THE MINIMUM REQUIRED SETBACKS. ALSO, THE ENTIRE FENCE WOULD HAVE TO BE RECONFIGURED TO ABIDE BY THE DRIVEWAY CLEAR VISION. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WOULD BE OBSERVED AS SUBSTANTIAL JUSTICE WOULD BE DONE. THE VARIANCE OF THE FRONT SETBACK AND CLEAR VISION REQUIREMENTS APPEAR TO OBSERVE THE SPIRIT OF THE ORDINANCE AS IT WILL LEAVE ROOM FOR SAFETY, UH, VISIBILITY FOR ONCOMING VEHICLES AND WILL NOT INJURE THE NEIGHBORING PROPERTIES FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF USE OF THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. UM, 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 THE ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE REDUCED FRONT SETBACK AND DRIVE A CLEAR VISION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS, AS THE CARPORT AND FENCE LOCATION LEAVES SUFFICIENT ROOM FOR THE PUBLIC RIGHT OF WAY AND THE SAFE SAFELY BACK INTO THE RESIDENTIAL STREETS. THE PLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL, NOT DUE TO THE RESULT OF GENERAL CONDITIONS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS APPLY THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SAW IS DUE TO THE UNIQUE CIRCUM CIRCUMSTANCES EXISTING ON THE PROPERTY AS THE EXISTING CARPORT IN FRONT YARD DO NOT PROVIDE THE SPACE NEEDED, UH, TO SECURE, UH, FOR SECURITY AND MULTI-VEHICLE USE. END OF MOTION. SECOND. SECOND BY COMMISSIONER MANNA. COMMISSIONER ZUNA. RIGHT. SO AS YOU CAN TELL BY THE VARIANCE AMENDED, UH, TO FIVE FOOT SETBACK, UM, CLEARLY OF THE APPLICANT PROVIDED TESTIMONY ABOUT THE MEDICAL CONDITION, I THINK THE SETBACK WOULD, WOULD PROVIDE THE NECESSARY, UM, COVER FOR HIS VAN AND PROVIDE THE, UM, ESSENTIAL COVERAGE HE NEEDS WILL NOT IMPACTING THE SURROUNDING USES WITH THIS, UH, FIVE FOOT SETBACK COMMISSIONER MANNA. UM, I CONCUR WITH MY COLLEAGUE. UM, ALSO I THINK, YOU KNOW, THE FIVE FOOT, UH, THE FIVE FOOT SETBACK I THINK IS CONSISTENT. IF I DRIVE DOWN THE STREET ADJACENT TO THE STREET OR OR PARALLEL TO THE STREET, UH, BROOK HILL, I SEE, UH, THAT THERE ARE OTHER HOMES THAT DO HAVE, UM, [02:30:01] UM, THEIR FOOTINGS OR THEIR, THEIR, THEIR PILLARS AT THE FIVE FOOT LINE. AND SO THIS IS KIND OF CONSISTENT WITH OTHER CARPORTS THAT ARE IN THE COMMUNITY. ALRIGHT, ANY OTHER COMMISSIONERS LIKE TO ADD TO THE DISCUSSION? HEARING NONE, LET'S HAVE A ROLL CALL. VOTE. COMMISSIONER ZUNA? YES, I CONCUR. COMMISSIONER MANA? I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BURSON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER AVIVE? I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN. AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. I UNANIMOUSLY CONGRATULATIONS. AND IF YOU HAVE ANY QUESTIONS ABOUT WHAT WE DID CHANGING IT TO A FIVE FOOT, PLEASE UH, TALK TO STAFF. . THANK YOU. CAN WE BRING ITEM SIX BACK, MR. CHAIR? ITEM SIX. UM, I BELIEVE THAT IS CASE 55, CORRECT? UH, YES. THAT, UH, THE APPLICANT WAS MADE AWARE TO BE HERE IN ATTENDANCE. HOWEVER, UM, THEY, THEY'RE NOT IN ATTENDANCE, SO, OKAY. WE CAN, WE CAN, UM, WELL TELL YOU CONTINUE THAT ITEM. IS THERE, IS THERE ANY, UH, THERE'S NO OPPOSITION. IS THERE A, UH, ANYONE ON THE COMMISSION THAT WOULD LIKE TO, THAT IS OPPOSED TO A MOTION HEARING? NONE. COMMISSIONER UNO, WOULD YOU I'LL READ THE MOTION RIGHT, THANK YOU. I MEAN, UH, REGARDING CASE NUMBER BOA DASH 24 DASH 0 3 55, I MOVE THAT THE BOARD ADJUSTMENT GRANT IT REQUEST FOR A, UH, ONE FOOT SPECIAL EXCEPTION FOR THE MAXIMUM FIVE FOOT HEIGHT TO ALLOW A SIX FOOT PREDOMINANTLY OPEN FENCE IN THE FRONT YARD, SITUATED AT 7 0 1 SOUTH SIDE MEMORIAL STREET, APPLICANT BEING JAMAL AND SMITH CONSTRUCTION. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC ADDED SUBMITTED WILL RESULT IN NECESSARY HARDSHIP, SPECIFICALLY FIND THAT A, THE SPECIAL EXEMPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. IF GRANTED, THE SPECIAL EXEMPTION WILL BE IN HARMONY WITH THE SPIRIT OF THE PURPOSE OF THE CHAPTER AS IT EXCEEDS THE MAXIMUM HEIGHT LIMITATION FOR PREDOMINANTLY OPEN FENCES BY ONE FOOT. B. THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THE CRITERIA ARE REPRESENTED BY THE FENCE HEIGHT TO PROTECT PROPERTY OWNERS WHILE STILL PROMOTING SENSE OF COMMUNITY. THE PROPERTY FENCE, THE PROPOSED FENCE WILL ADD TO THE PROTECTION OF THE PROPERTY IN THE COMMUNITY. SEE, THIS NEIGHBORING PROPERTY WOULD NOT BE SUBSTANTIALLY INJURED, BUT SUCH PROPOSED USE. THE PROPOSED PREDOMINANTLY OPEN FENCE WOULD BE ALONG SOUTH CENTRAL SOMO STREET AND WOULD NOT INJURE NEIGHBORING PROPERTIES AS A FENCE. DOES NOT OBSTRUCT THE LINE OF SIGHT FOR ONCOMING VEHICLES. NEITHER THE SPECIAL EXEMPTION WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THIS DISTRICT AND LOCATION OF WHICH THE PROPERTY FOR WHICH A SPECIAL EXCEPTION IS SOUGHT UPON INSPECTION OF THE DISTRICT AND LOCATION OF THE FENCE AS IT PROPO AS IT'S PROPOSED SIGN, WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. NEITHER SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE AND ESTABLISHED FOR THE SPECI SPECIFIC DISTRICT. IF GRANTED, THE SPECIAL EXCEPTION WILL NOT ALTER THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS YOUR OWN ESTABLISHED FOR THE SPECIFIC DISTRICT. THE PROPOSED FENCE EXCEEDS THE HEIGHT REGULATION BY ONE FOOT AND WILL ENHANCE THE SECURITY OF THE PROPERTY AND OF, AND OF MOTION. SECOND. SECOND BY COMMISSIONER CRUZ. COMMISSIONER ZUNA. RIGHT. SO THIS SAYS STAFF RECOMMENDATION FOR APPROVAL. UH, WE DID NOT SEE ANY OPPOSITION. UH, THERE WAS A GOOD PRESENTATION WITH STAFF ABOUT THE NECESSITY OF THIS FENCE, UH, VARIANCE. SO I'M SUPPORTING COMMISSIONER GRU. YES, I CONCUR. MR. UNA. I DON'T SEE ANY PROBLEMS WITH THIS FENCE. THANK YOU. THANK YOU MANNA. COMMISSIONER MANNA. I'D ALSO LIKE TO JUST ACKNOWLEDGE THAT THE, UM, WEST SIDE, UH, HISTORIC OR HISTORIC WEST SIDE, UH, NEIGHBOR ASSOCIATION WAS IN FAVOR OF THIS AS WELL. SO BECAUSE OF THAT, I'LL BE SUPPORTING AS WELL. ALL RIGHT. ANYONE ELSE? UH, I'D JUST LIKE TO, UH, CLOSE WITH, YOU KNOW, NORMALLY WE DON'T DO THIS WHEN THE APPLICANT'S NOT HERE, BUT WHEN, WHEN THERE'S, THERE'S PEOPLE SPEAKING IN SUPPORT AND STAFF IS IN SUPPORT AND THERE HASN'T BEEN ANY, UM, ANY COMMISSIONERS THAT HAVE EXPRESSED, UH, OPPOSITION, WE'RE JUST GONNA MOVE FORWARD WITH THIS ONE. SO LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER UNA. I CONCUR. COMMISSIONER CRUZ. I CONCUR. COMMISSIONER BURTON. I CONCUR. COMMISSIONER STEVENS. I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER MANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER AVIDA? I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. ALL RIGHT, I BELIEVE WE'RE ON ITEM SEVEN I I. ITEM SEVEN BOA CASE. 24 1 0 3 0 0 0 5 8. ADDRESS? 5 0 9 [02:35:01] SAN PEDRO COUNCIL DISTRICT ONE. APPLICANT LES MINISTRIES REQUEST A REQUEST FOR A ONE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT HEIGHT TO ALLOW SIX FEET, PREDOMINANTLY OPEN FENCE IN THE FRONT YARD. THE ZONING IS COMMERCIAL PEDESTRIAN. THIS SUBJECT PROPERTY IS LOCATED ALONG SAN PEDRO AVENUE, SOUTH OF WEST POPLAR STREET. LOCATED WITHIN THE NOTIFICATION BOUNDARY OF TOBIN HILL COMMUNITY NEIGHBORHOOD ASSOCIATION. THE APPLICANT IS REQUESTING A SPECIAL EXEMP EXCEPTION FROM THE FENCE HEIGHT REGULATIONS BEFORE THE CONSTRUCTION OF A FENCE IN THE FRONT YARD. THE APPLICANT IS SEEKING A SIX FOOT, PREDOMINANTLY OPEN FENCE IN THE PROPERTY'S FRONT YARD, LOCATED ALONG SAN PEDRO AVENUE AT THE INTERSECTION OF MARSHALL STREET AND SAN PEDRO AVENUE. THE UNIFIED DEVELOPMENT CODE ALLOWS FOR A FIVE FOOT, PREDOMINANTLY OPEN FENCE IN THE FRONT YARD FOR COMMERCIAL, USES THE SITE PLAN, SUBJECT PROPERTY SURROUNDING AREA, AND THEN ACROSS THE STREET FROM SAN PEDRO OR ON SAN PEDRO. STAFF. RECOMMENDATION FOR THE FENCE HIGH SPECIAL EXCEPTION STAFF RECOMMENDS APPROVAL IN BOA CASE 24 1 0 3 0 0 0 5 8 BASED ON THE FOLLOWING FINDINGS OF FACT, THE PROPOSED HEIGHT WILL ADD SECURITY TO THE PROPERTY AND SURROUNDING AREA AND THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. WE MAILED OUT 15 NOTICES RECEIVED ONE IN FAVOR, NONE IN OPPOSITION, AND NO RESPONSE FROM THE TOBIN HILL COMMUNITY NEIGHBORHOOD ASSOCIATION. THIS IS THE ONE IN FAVOR AND THIS CONCLUDES STAFF PRESENTATION. HOPEFULLY THE APPLICANT IS HERE, CHRIS. ALL RIGHT. IS THE APPLICANT PRESENT ALL RIGHT. 5 0 9 SAN PEDRO? YES. YEAH. ALRIGHT. THAT'S ODD. THAT, THAT'S TWICE IN A ROW. OKAY. WE'RE GONNA BE, UH, STAFF. HAVE YOU HEARD FROM THE APPLICANT TODAY IS THIS, THAT THEY EXPRESS THAT THEY WERE GONNA SHOW UP YOU EMAILS FROM OKAY. PERSONALLY, I'M NOT OPPOSED TO REPEATING THE, WHAT WE DID ON THE LAST ONE HERE, BUT I'M LOOKING TO HEAR FROM MY, UH, UH, THE REST OF THE COMMISSIONERS TO SEE IF ANYBODY WOULD RATHER JUST, UH, POSTPONE THIS ONE. MANNA, MR. MANNA. SO AS A COMMENT, YOU KNOW, TOBIN HILL IS VERY VOCAL WITH REGARDS TO THEIR COMMUNITY, AND SO, SO I KNOW THAT WE'VE HEARD LOTS OF INPUT ON WHEN IT IS THAT THEY'RE IN OPPOSITION AND BEING THAT THEY DIDN'T PROVIDE THAT FEEDBACK. YOU KNOW, I, I, I'M, I'M, YOU KNOW, I'M, I'M MAKING A BIG ASSUMPTION HERE, BUT, YOU KNOW, GENERALLY THEY DO EXPRESS THOSE OPPOSITIONS WHEN IT IS APPROPRIATE AND IT DOES LOOK LIKE THE HEALTH TEXAS. DIDN'T WE APPROVE A SIMILAR, UH, REQUEST FOR A PREDOMINANTLY OPEN? THERE WAS A PICTURE IN HERE. IS THIS YES, SIR. I RECALL THAT ONE. OKAY, SO I'M NOT MANNA COMMISSIONER MANNA, REGARDING CASE NUMBER BO 8 2 4 1 0 3 0 0 0 5 8, I MOVED TO THE BOARD ADJUSTMENT GRANT, A REQUEST FOR A ONE FOOT SPECIAL EXCEPTION FOR THE MAXIMUM FIVE FOOT HEIGHT TO ALLOW A SIX FOOT PREDOMINANTLY OPEN FENCE IN FRONT YARD, SITUATED AT 5 0 9 SAN PEDRO AVENUE, APPLICANT BEING, UH, CHRISTUS MINISTRIES. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. IF GRANTED, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THIS CHAPTER AND IS, AND IT EXCEEDS THE MAXIMUM HEIGHT LIMITATIONS 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 HEIGHTS 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 SUBSTANTIAL BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE PROPOSED PREDOMINANTLY OPEN FENCE WILL BE ALONG SAN PEDRO AVENUE AND WILL NOT INJURE NEIGHBORING PROPERTIES AS THE FENCE DOES NOT OBSTRUCT THE LINE OF SIGHT FOR IN ONCOMING VEHICLES. D THIS SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION SOUGHT UPON INSPECTION OF THE DISTRICT AND LOCATION DEFENSE AT ITS PROPOSED DESIGN WILL NOT ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT AND OR THE REGULATIONS HEARING ESTABLISHED FOR THE SPECIFIC DISTRICT. [02:40:01] IF GRANTED THE SPECIAL EXCEPTION WILL NOT ALTER THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE AND ESTABLISHED FOR THIS 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 BEES. COMMISSIONER MANON. UM, YES. SO, UM, AS WAS POINTED OUT, UH, AND, AND I GUESS IN MY DIALOGUE, YOU KNOW, TOBIN HILL IS PRETTY VOCAL WITH REGARDS TO, YOU KNOW, SOME OF THEIR EXPECTATIONS. SO BY NOT BEING, UH, YOU KNOW, I'M, I'M NOT OBJECTING TO THIS, I'M GONNA ASSUME THAT, UH, THEY REALLY DON'T HAVE AN ISSUE WITH THIS. UM, YOU KNOW, THE CITY DID, UH, PROVIDE THEIR, UM, UM, NOTION WITH REGARDS TO ALSO, UH, SET UP FOR APPROVAL. AND SO THAT ALSO WOULD'VE BEEN PROVIDED TO THE COMMUNITY. SO, UH, AND SINCE THERE IS NO OPPOSITION, UM, AND THIS IS ON SAN PEDRO, I'LL BE VOTING IN FAVOR. COMMISSIONER BEEZ, I CONCUR WITH MY COLLEAGUE. ANYONE ELSE LIKE TO ADD HEARING NONE. THIS A ROLL CALL VOTE PLEASE. COMMISSIONER MANO, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES. I CONCUR. COMMISSIONER BARTON? I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER BONNI? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER UNA? I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. CHAIR ORIAN. I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. UM, I MISS SAYING CONGRATULATIONS TO PEOPLE, BUT, UH, , WE'RE UP TO ITEM NUMBER NINE. OKAY. OKAY. ITEM NUMBER NINE, BO OA DASH TWO FOUR DASH 0 3 6 4. UH, ADDRESS 2102 SOUTH PRESA STREET, UH, COUNCIL DISTRICT FIVE APPLICANT STEPHANIE GARCIA. AND A REQUEST FOR ONE, A 15 FOOT VARIANCE FROM THE MINIMUM 50 FOOT 15 FOOT BUFFER TO ALLOW ELIMINATION OF THE BUFFER IN THE FRONT YARD TO A 29 FOOT AND 11 INCH VARIANCE FROM THE MINIMUM 30 FEET FRONT, 30 FOOT FRONT BACK TO ALLOW A STRUCTURE WITH ONE INCH WITH A ONE INCH FRONT SETBACK. THREE A 29 FOOT, 11 INCH VARIANCE FROM THE MINIMUM 30 FOOT SIDE SETBACK TO ALLOW A STRUCTURE WITH A ONE INCH SIDE SETBACK FOR A 20 INCH VARI OR 20 FOOT VARIANCE FROM THE MINIMUM 30 FOOT REAR SETBACK TO ALLOW A STRUCTURE WITH A 10 FOOT REAR SETBACK AND FIVE A 15 FOOT VARIANCE FROM THE MINIMUM 25 FOOT REAR BUFFER TO ALLOW A 10 FOOT BUFFER IN THE REAR YARD. ZONING IS I ONE, THE SUBJECT PROPERTY IS LOCATED WEST OF INTERSTATE 37 ACROSS FROM LOWELL STREET AND SOUTH PRESTA INTERSECTION ON THE CORNER OF WEST DREXEL AVENUE AND SOUTH PRESTA STREET. THE APPLICANT ON BEHALF OF THE, ON BEHALF OF THE PROPERTY OWNER IS RE, IS PROPOSING A HORSE AND CARRIAGE STORAGE BUILDING AND STAGING AREA FOR YELLOW ROSE AND HHRH CARRIAGE COMPANY. THE PROPOSED BUILDING WILL ALLOW CARRIAGES TO BE STORED ON SITE AND CLOSER TO THE CITY CENTER AS THE HORSES ARE TRANSPORTED DAILY TO AND FROM THEIR FARM TO THE CITY OF SAN ANTONIO, UH, RIVERWALK AREA. THEY PLAN HORSE STALLS WOULD PROVIDE, PROVIDE A TEMPORARY HUB FOR THE HORSES TO TRANSITION TO AND FROM THE CARRIAGES AND HORSE CARRIER TRANSPORT TO ATTAIN THE SPACE NEEDED FOR THE HORSES AND CARRIAGES. THE APPLICANT IS SEEKING A 29 FOOT 11 INCH VARIANCE TO ALLOW A ONE INCH FRONT AND SIDE SETBACK ALONG WITH A 20 FOOT VARIANCE FROM A 10 FOOT REAR SETBACK. ADDITIONALLY, THE APPLICANT IS SEEKING ELIMINATION OF THE FRONT YARD LANDSCAPE BUFFER REQUIREMENT AS WELL AS A 15 FOOT VARIANCE TO ALLOW A 10 FOOT REAR LANDSCAPE BUFFER TO THE REAR OF THE PROPERTY. PERMITS FOR THIS PROJECT ARE PENDING THE OUTCOME OF BOARD OF ADJUSTMENT AND THE SITE PLAN. THIS IS THE, UH, THIS IS ARE SOME RENDERINGS OF THE PROJECTED, UH, PROPERTY. THIS IS THE LANDSCAPE DESIGN FRONT VIEW OF THE SUBJECT PROPERTY. UM, THE ONE AT THE BOTTOM IS THE, UH, 2022, UH, VIEW OF THE PROPERTY WHEN IT DID HAVE A FRONT FACE. UM, THIS LARGER PHOTO IS WHAT IT CURRENTLY LOOKS LIKE AT THE MOMENT. SUBJECT PROPERTY, THIS IS, UH, FROM THE WEST DREXEL AVENUE, UH, VIEW AGAIN, WEST DREXEL AVENUE AND THIS IS THE SURROUNDING AREA. THE VIEW IS ACROSS FROM THE SAINT C UH, CELIA'S, UH, CATHOLIC CHURCH, [02:45:01] UH, CECILIA'S CATHOLIC CHURCH AND LOWELL STREET AND THE EAST VIEW OF THE PROPERTY FROM SOUTH PRESA STREET AND WEST VIEW OF THE PROPERTY FROM SOUTH PRESA STREET. AND THEN THE VIEW FROM THE INTERSECTION OF SOUTH PRESA TOWARDS WEST DREXEL AVENUE. STAFF RECOMMENDATION FOR THE FRONT SIDE SETBACK AND FRONT REAR BUFFER VARIANCE STAFF RECOMMENDS DENIAL AND BO OA 24 DASH 1 0 3 0 6 4 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE SETBACK VARIANCES WILL UNNECESSARILY EXPOSE RESIDENTIAL LOTS TO ENCROACHING ENCROACHING INDUSTRIAL USE. TWO, THE BUFFER ELIMINATION WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. AND THREE, THE LOT SIZE AND LOCATION ARE NOT SUITABLE FOR THE PROPOSED INDUSTRIAL USE. STAFF MAILED 25 NOTICES. TWO IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM THE ROOSEVELT PARK NEIGHBORHOOD ASSOCIATION IN FAVOR. AND THIS CONCLUDES STAFF'S PRESENTATION. APPLICANT IS AVAILABLE. OKAY. UH, I I HAVE TO ASK THIS QUESTION. YES. SO THE, THE PICTURE THAT SHOWS AT THE SIDE OF THE BUILDING THAT'S STANDING RIGHT, IS THAT BECAUSE IT'S HISTORIC AND THEY COULDN'T KNOCK IT DOWN ON THIS SIDE? TO BE HONEST, I'M, I'M NOT SURE WHY THEY HAVEN'T COMPLETELY DEMOLISHED THE BUILDING. AND THE, AND THE OTHER, AND THE, AND WHERE I'M GOING WITH THAT IS, IS THAT THE, THE APPLICANT IS ASKING FOR A, A SETBACK VARIANCE ON THAT SIDE. THAT'S CORRECT. AND IF, IF HISTORIC IS SAYING, IF, IF IT IS A HISTORIC ISSUE AND IT HAS TO STAY THERE, HOW DOES THAT AFFECT HOW WE, HOW SETBACKS ARE IMPOSED ON THAT SIDE? I DON'T THINK I'VE EVER SEEN THAT BEFORE. WE'RE, WE'RE LOOKING INTO IT RIGHT NOW. OKAY. WELL WE CAN HEAR FROM THE APPLICANT, BUT BASICALLY A LOT OF THE OLDER PROPERTIES, YOU'VE SEEN THIS HAPPEN BEFORE, A LOT OF BUILDINGS ARE BUILT RIGHT UP TO THE PROPERTY LINE IN SOME OF THE OLDER COMMUNITIES AND THAT WAS JUST, YOU KNOW, THE WAY IT WAS DONE THEN. UM, AND SO THEY WOULD LIKELY, UM, IT, THEY HAVE TO GO TO HDRC OF COURSE FOR ANY PERMISSION IF IT IS, UH, FOR HISTORIC CHANGING ANYTHING ABOUT IT. BUT FOR THE SETBACKS THEMSELVES IT WOULD PROBABLY JUST BE AN EXCEPTION. ALRIGHT. I'LL HAVE THE APPLICANT COME FORWARD AND, WE'LL REAL QUICK, UH, IT'S NOT, IT IS NOT IN A HISTORIC DISTRICT AND WE DID NOT SEE A DEMOLITION PERMIT ON FILE. OKAY. UM, HELLO, MY NAME IS STEPHANIE GARCIA. I'M THE OWNER OF YELLOW ROSE AND HRH CARRIAGE COMPANY. UH, I WANT TO GIVE YOU A LITTLE BIT OF BACKGROUND TO MY BUSINESSES. UH, THE INDUSTRY HAS BEEN IN SAN ANTONIO SINCE 1865. UH, MY COMPANIES HAVE BEEN AROUND SINCE THE 1980S, SO WE'RE, WE'RE NOT OFF FLY BY NIGHT COMPANY. UH, WE'RE VERY HIGHLY REGULATED BY CHAPTER 33 OF THE ORDINANCE, THE CITY ORDINANCE. AND WE ARE ACTUALLY THE MOST HIGHLY REGULATED INDUSTRY IN THE COUNTRY. UH, A LOT OF THE CITIES ALL OVER AMERICA DO COME TO SAN ANTONIO TO FOLLOW THE RULES AND REGULATIONS THAT WE HAVE. UH, WE WORK WITH MULTIPLE AGENCIES AND WE'VE GOT NO VIOLATIONS OR ANYTHING RECORDED AGAINST US NEGATIVELY. AND I DO HAVE A 30 PLUS WORKFORCE IN DIFFERENT ROLES, UH, WITHIN THE COMPANY. UH, I HAVE THE ONE MAIN EMPLOYEE, UM, WHO WILL BE ON SITE EVERY DAY. UH, WE HAVE SPOKEN TO ALL OF THE NEIGHBORS, UH, IN THE AREA AND SURROUNDING AREA. WE ALSO ATTENDED, UM, THE ROOSEVELT, UH, NEIGHBORHOOD, UH, ASSOCIATION MEETING, UM, WHICH WAS ON I THINK THE 22ND. UM, AND THAT WAS AT THE FREE TAIL BREWERY OR BREWING COMPANY. UM, THEY WERE ABSOLUTELY ECSTATIC THE FACT THAT WE WERE GONNA TAKE THIS AREA ON AND DEVELOP IT 'CAUSE THEY'RE SICK OF SEEING IT AS IT IS 'CAUSE IT HAS BEEN IN THIS STATE FOR NOW OVER A DECADE. UH, NOT USED. WE'VE SPOKEN TO YOLANDA, WHO IS THE, UM, DIRECT, UH, NEIGHBOR ON SOUTH PRESA. AGAIN, SHE WAS ECSTATIC. UH, THE FACT THAT WE WERE GONNA ACTUALLY IMPROVE THE, THE ACTUAL LOCATION. WE'VE HAD NO NEGATIVITY FROM ANY OF THE NEIGHBORS OR ANY OF THE ASSOCIATIONS. WE ARE ASKING FOR THIS VARIANCE, UH, BECAUSE OBVIOUSLY WE'RE GONNA TRY AND KEEP IT WITHIN, UH, THE ESSENTIAL CHARACTER OF THE AREA, HENCE THE MURALS. UH, WE'RE GONNA HAVE A COMPETITION FOR THE LOCAL ARTIST, LOCAL, UH, NEIGHBORHOOD TO SEE WHAT WE'RE ACTUALLY GONNA PUT ON THEM. WE'RE ACTUALLY GONNA GIVE A MONETARY PRIZE TO WHOEVER HAS THE BEST, UH, ARTWORK THAT WE'RE GONNA USE. AND THAT'S GONNA BE ON EACH SIDE. SO THERE'S GONNA BE A PRIZE FOR ONE SIDE ON ONE PRI UH, A PRIZE FOR ONE DREXEL. [02:50:01] UM, I DON'T THINK THERE IS ANYTHING ELSE THAT I CAN ACTUALLY TELL YOU AT THIS MOMENT. UM, I DUNNO WHETHER YOU'VE GOT ANY QUESTIONS FOR ME. WE DO HAVE OUR ARCHITECT WITH US, UH, THAT CAN ASSIST WITH ANY, UM, OBVIOUSLY QUESTIONS THAT YOU MAY HAVE THAT I CAN'T ANSWER. WELL, ONE QUESTION I HAVE IS ON THE SITE PLAN THAT'S PART OF THE, UM, PACKAGE. IT, IT SHOWS RIGHT BEHIND THE HORSE STALLS. IT SAYS THE WORD 20 FOOT BUFFER. IS THAT PART OF YOUR PROPERTY? THE WHERE THE FOUR AND FIVE IS? YOU CAN LOOK ON THE SCREEN. 'CAUSE I NOTICED THAT YOU WERE ASKING FOR VARIANCE. YES, THAT'S OUR PROPERTY. I'VE ACTUALLY GOT A 25 FOOT BUFFER, UH, THERE, THERE'S GONNA BE A 10 FOOT, UH, LANDSCAPED AREA WITHIN THAT 25 FOOT. AND THAT'S GONNA BE BETWEEN US AND OUR NEIGHBOR ON DREXEL. UH, SHE DIDN'T EVEN REQUIRE THE LANDSCAPED AREA. SHE JUST, UH, WANTED TO KNOW THAT WE WERE GONNA HAVE A NICE FENCE AREA THERE. 'CAUSE THE REASON I WAS ASKING BECAUSE, UH, UH, ITEM FOUR, THE VARIANCE REQUEST IS A 20 FOOT VARIANCE FROM THE MINIMUM 30 FOOT REAR SETBACK. ARE YOU SAYING THAT YOUR BUILDING IS GONNA HAVE A 25 FOOT, 25 FOOT SETBACK YES. ON THE BACK BETWEEN THE NEIGHBOR AND DREXEL AND US. SO I MEAN, IS THAT, SO STAFF, IS THAT, UM, CAN WE ADJUST THAT, UH, REQUEST OR IS THAT A SEPARATE PIECE OF PROPERTY? PROPERTY THAT MAY SO THE APPLICANT IS TELLING US THAT YOU'RE SAYING THE BUILDING IS GONNA BE 25 FEET FROM THE REAR? WELL, YEAH, IN THAT PICTURE FROM THE PROPERTY LINE. SO THE, THE END OF THE BUILDING, THE BACK OF THE BUILDING IS GONNA BE 25 FOOT TO THE PROPERTY LINE. OKAY. SO I MEAN, IF YOU'RE WANTING TO ADJUST YOUR ITEM NUMBER FOUR TO ONLY A FIVE FOOT VARIANCE FROM THE 30 FOOT REAR SETBACK TO ALLOW YES. UH, 25 FOOT REAR SETBACK. UM, OKAY. THAT'S WHAT IT SOUNDS LIKE. THAT'S LANDSCAPE BUFFER. THAT'S ACTUALLY 10 FOOT OF IT IS LANDSCAPE BUFFER. YEAH. BUT, BUT, BUT THAT'S, THAT'S OF ONE ISSUE. THE OTHER ISSUE IS HOW FAR IS THE BUILDING AWAY FROM THAT? MM-HMM. . SO 25 IS, IS A GOOD NUMBER THEN I, I KNOW WE'RE ASKING FOR A LOT OF VARIATIONS HERE TOO, BUT, YOU KNOW, WE, WE WANT TO DO OUR BEST AND WE DO GIVE A LOT TO THE COMMUNITY. UH, WE'VE JUST RECENTLY STARTED AN EDUCATIONAL PROGRAM THAT WE, UH, WORK WITH THE SCHOOLS, THE CHURCHES, AND ALSO THE LOCAL SCOUT GROUPS TO EDUCATE THEM INTO THE, THESE DRAFT HORSES THAT WE DO USE. ARE THE HORSES THERE OVERNIGHT? SOMETIMES MY HORSES GO HOME EVERY DAY. UH, WE HAVE A RANCH WHICH IS BETWEEN PLEASANTON AND SOMERSET. SO WHEN THEY'RE WORKING, THEY'RE BROUGHT IN THAT MORNING. UH, IF THEY FINISH LATE, THEY WILL BE KEPT THERE OVERNIGHT AND THEN TAKEN HOME LIKE SIX, SEVEN O'CLOCK IN THE MORNING. AND YOU COMMISSIONER QUESTIONS FOR THE APPLICANT? MANNA COMMISSIONER MANNA. SO, SO I LIVE IN A RURAL COMMUNITY, UM, NEIGHBORHOOD. UM, AND SO WE DO HAVE LIVESTOCK KIND OF IN OUR AREA. AND SO I KNOW THAT WHEN WE HAVE LIVESTOCK NEXT TO HOMES, UM, THERE ARE ISSUES, UM, JUST WITH REGARDS TO UM, YOU KNOW, HAVING 'EM STAY OVERNIGHT. SO JUST, JUST ALL OF THAT. SO, UM, SO I DO HAVE A CONCERN I GUESS ABOUT HORSES. SO, SO DO WE, IS THERE ANY KIND OF PERMITTING CHALLENGES WITH REGARDS TO HAVING LIVESTOCK STORED, UH, ADJACENT TO RESIDENTIAL NEIGHBORS? UM, IN THE CITY OF SAN ANTONIO? UM, I CAN'T SPEAK TO THE SPECIFIC REQUIREMENTS, BUT I MEAN, THEY WILL BE REQUIRED TO GET PERMITS FOR THAT USE. AND THEN ANYTHING ASSOCIATED WITH THE, UH, CERTIFICATE OCCUPANCY FOR THAT USE ON THE PROPERTY, THIS IS WILL BE OUR THIRD PROPERTY THAT WE'VE, WE'VE LEASED IN THE PAST AND THIS IS THE ONLY ONE THAT WE'RE ACTUALLY GONNA PURCHASE. SO IT'S GONNA BE OUR OWN, SO WE CAN DEVELOP IT AS TO EXACTLY HOW WE WANT TO DO IT. UM, WE HAVE, LIKE I SAY, VERY STRICT GUIDELINES. WE ARE INSPECTED BY THE ANNUAL CARE SERVICES AND THE CITY OF SAN ANTONIO. SO THEY DO COME OUT AND CHECK THAT WE ARE DOING EVERYTHING CORRECTLY, BUT APART FROM THAT, THERE IS NO OTHER RULES . SO ONE MORE, ONE MORE QUESTION FIRST, SO, AND SO, SO UM, UM, THE NEXT QUESTION WAS, I KNOW THAT THERE'S CURRENT DIALOGUE WITH THE CITY WITH REGARDS TO WHERE IT IS THAT THEY'RE GOING TO BE ALLOWING THESE CARRIAGES TO RUN. UM, AND SO DOES THAT CHANGE THE, THE LOCATION OF, YOU KNOW, 'CAUSE YOU, YOU USE THAT AS PART OF THE JUSTIFICATION? YES. UH, AND SO IS THAT GOING TO ALTER, YOU KNOW, THE PROXIMITY OF WHERE YOU, YOU WHERE YOU ARE PROPOSING THIS, UH, TO WHEREVER IT IS THAT WE'RE NO, UM, WE ARE OBVIOUSLY, UM, IN TALKS WITH THE CITY, IF I CAN PUT IT THAT WAY. UM, JOHN COURAGE IS COMING OUT TO SEE US NEXT WEEK, UH, TO DISCUSS WHAT WE'RE GONNA DO. UM, THEY ARE IN THE UNDERSTANDING THAT IF THEY DO MOVE US OUT OF THE DOWNTOWN AREA, THEY WOULD REALLY, UH, FINANCIALLY IMPACT OUR, OUR BUSINESSES. SO THEY ARE WORKING WITH US TO KEEP US WITHIN THAT AREA. AND MR. CHAIR, THE CITY ATTORNEY WOULD LIKE TO CHIME IN. THERE'S, THERE'S NOTHING AT THIS POINT, UM, ABOUT THE OPERATION. IT'S JUST ABOUT, UM, LOCATION OF, OF THE BUSINESS OR WHERE THEY WOULD OPERATE, NOT, NOT WHERE THE HEADQUARTERS IS OR, YOU KNOW, WHATEVER. OKAY. I I WOULD JUST ALSO LIKE TO POINT OUT THAT THE BUILDING IS NOT GONNA BE ANY HIGHER THAN 16 FOOT. UM, SO THAT'S THE MAXIMUM HEIGHT THAT THE BUILDING'S [02:55:01] GOING TO BE. SO IT'S NOT GONNA BE SOME MONSTROSITY THAT WE'RE GONNA PUT THERE. OKAY. COMMISSIONER VASQUEZ? YES. UH, UH, FOR, FOR THE PRO FOR THE BUSINESS OWNERS, HOW MANY HORSES WOULD BE, UH, STAYING THERE ON ANY GIVEN DAY? IT ALL DEPENDS ON THE TIME OF YEAR. UM, THE MAXIMUM CARRIAGES THAT WE CAN HAVE OUT AT ANY ONE TIME IS 10, SO THAT IS THE MAXIMUM AMOUNT OF HORSES THAT COULD BE THERE. BUT LIKE THIS EVENING, I HAVE GOT FOUR CARRIAGES GOING OUT, SO THERE WOULD BE FOUR HORSES BROUGHT IN, FOUR HORSES TAKEN HOME. ALRIGHT, THANK YOU. SO STAFF IS, UM, I WANTED TO SEE IF THERE'S ANY, UH, PUBLIC COMMENTARY VOICEMAILS. WE GOT, UH, ONE VOICEMAIL AND ONE SIGN UP TO SPEAK. LET'S HEAR THE VOICEMAIL FIRST. IT'S MAINLY . YEAH. HI, MY NAME IS MR. CRUZ. UH, I'M AT THE RESIDENCE OF 5 22 WEST DREXEL, UH, SAN ANTONIO, TEXAS SEVEN EIGHT TWO ZERO SEVEN. UH, PHONE NUMBER IS (210) 844-0151. UH, LAST THREE OF THE CASE NUMBER IS 0 6 4. AND I WAS JUST CALLING TO OPPOSE THE, UH, OPPOSE THE ELIMINATION OR REDUCTION OF THE, OF THE GENERAL SETBACK, UH, IN CONSIDERATION OF THE GENERAL WELL OF THE WELLBEING OF THE GENERAL PUBLIC. UM, I OPPOSE IT BECAUSE THERE'S ALREADY REDUCED VIS VISIBILITY WITH THE BUILDING IN PLACE RIGHT NOW. UH, WHEN YOU'RE ON DREXEL TURNING ONTO PRESA, UH, YOU CAN'T SEE THE TRAFFIC ON PRESA, UH, BECAUSE, BECAUSE OF THE BUILDING AND THERE'S A MAYBE A THREE FOOT PORCH ON THAT BUILDING NOW, WHICH IS GONNA BE ELIMINATED AND THEN SOME AND THAT WOULD CAUSE EVEN MORE. UH, THERE'S ALREADY A HISTORY OF ACCIDENTS AT THAT INTERSECTION AND UH, I WOULD JUST ASK THAT YOU CONSIDER THAT IN, IN THIS, UH, IN THIS MEETING. THANK YOU. SO WE'VE ALREADY GOT A LETTER FROM FIVE, HANG ON ONE SECOND. SORRY. HOLD ON A SECOND. ALRIGHT, UH, AND BEFORE WE MOVE ON, I JUST WANTED TO ASK, IS THERE A CLEAR VISION APPLICATION AT ALL WHEN A BUILDING IS AT A HARD CORNER LIKE THAT? DOES THAT POP UP AT ALL? UH, SO IT'S THE CLEAR VISION UNDER, UH, FIVE 14 ELLEN DEALS WITH RESIDENTIAL. SO IT, OKAY. UH, WE, LET'S HEAR THE, UH, PERSON SIDE TO SPEAK. SURE. BUS, EXCUSE ME, SORRY, SORRY. I'M JOHN BUSTAMANTE, 1 0 6 CASTILLO AVENUE, SAN ANTONIO, TEXAS 7 8 2 1 0. UH, GOOD AFTERNOON, MR. CHAIR. MEMBERS OF THE BOARD. I'M HERE, UH, TO ADDRESS THIS VARIANCE REQUEST AT 2102 SOUTH PERSA AND I COME IN TWO CAPACITIES, UH, IN THE FIRST PLACE I SPEAK ON BEHALF OF THE ROOSEVELT PARK NEIGHBORHOOD ASSOCIATION. AND SECOND, I'M HERE TO SPEAK INDIVIDUALLY ON MY OWN, UH, AS A REPRESENTATIVE ROOSEVELT PARK. IT IS TRUE THEY CAME TO OUR APRIL 23RD MEETING, UH, BUT THAT WAS THE FIRST INSTANCE WHERE THE NEIGHBORHOOD ASSOCIATION WAS ABLE TO LEARN ABOUT THIS PROJECT, LEARN ABOUT WHAT WAS GOING ON. UM, AS A RESULT, ROOSEVELT PARK NEIGHBORHOOD ASSOCIATION HAS AUTHORIZED ME TO ASK Y'ALL FOR A CONTINUANCE AT THE VERY LEAST SO THAT THEY CAN MORE FULLY CONSIDER THIS REQUEST. NOW, INDIVIDUALLY, I ASK THAT YOU DENY THIS REQUEST FOR THE REASONS OUTLINED IN STAFF'S RECOMMENDATION, UH, FOR THE REASONS OUTLINED BY MR. CRUZ. UH, BECAUSE YOU ARE GONNA HAVE CARRIAGES EXITING ONTO SOUTH PRESA A TYPE B ARTERIAL RIGHT THERE AT WHO KNOWS WHAT TIMES. IN ADDITION, THERE ARE TWO OTHER REASONS. UM, AS SOME OF YOU KNOW, I'M THE ZONING COMMISSIONER FOR DISTRICT FIVE MM-HMM . UM, WE HAVE BEEN WORKING WITH THE DISTRICT FIVE COUNCIL WOMAN'S OFFICE TO HAVE A LARGE AREA REZONING OF ROOSEVELT PARK AND A BIG PART OF THAT REZONING, A BIG PART OF THE REASON FOR THAT REZONING IS TO ELIMINATE THESE INDUSTRIAL ONE ZONING USES ALONG SOUTH PRESA. AND SO IF THIS BODY WERE TO ALLOW THIS VARIANCE TODAY, THAT WOULD IMMEDIATELY PUT A BIG HINDRANCE IN OUR ABILITY TO DO THAT. ADDITIONALLY, COUNCIL OFFICE AND STAFF ARE NOW WORKING ON REVISIONS TO THE DOWNTOWN PLAN. SO THE LAND USE FOR THIS AREA VERY WELL MAY CHANGE AS WELL. BUT FOR ALL OF THOSE REASONS, I'M HERE TODAY TO ASK YOU AS AN INDIVIDUAL TO REJECT THIS REQUEST, TO DENY IT FOR THE REASON STAFF SETS FORTH. THANK YOU. HOLD ON. I, OH, [03:00:01] SEE IF THERE'S ANY QUESTIONS. ANY COMMISSION. COMMISSIONER CRUZ? UH, SIR, YOU'RE SAYING THE NEIGHBORHOOD ASSOCIATION WOULD LIKE A, A DELAY ON THIS. DO YOU KNOW HOW LONG THAT WOULD BE FOR THEM TO HAVE ANOTHER MEETING WITH THE PERSONNEL? I WOULD, I WOULD ASK FOR AT LEAST A MONTH. UH, MR. HUNT, WHO WAS THE PRESIDENT OF THE ROOSEVELT PARK NEIGHBORHOOD ASSOCIATION DIDN'T TELL ME. HE JUST CALLED ME YESTERDAY AT BRUNCH . OKAY. UM, ANY OTHER CHEMISTRY QUESTIONS? UH, I HAVE A QUESTION. SO WAS THERE ANY DISCUSSION AT ALL, UH, BY THE NEIGHBORHOOD ASSOCIATION OF UH, AS FAR AS UM, ANYTHING SPECIFIC THAT THEY WOULD, THAT THEY DIDN'T LIKE OR LIKED OR, I MEAN, I KNOW YOU HAD BROUGHT UP SOME GOOD POINTS, UM, AND I'M VERY FAMILIAR WITH THIS AREA, BUT, SO I THINK, YOU KNOW, UNFORTUNATELY I WAS NOT AT THAT MEETING, UM, 'CAUSE IT WAS DURING FIESTA. UM, BUT LIKE I SAID, UH, MR. HUNT, WHO WAS THE PRESIDENT, WENT FORWARD THIS AREA HAD PREVIOUSLY BEEN UNDER CONTRACT FOR A SOFTWARE COMPANY CALLED JUNGLE DISC. AND I KNOW THAT WHEN THAT HAPPENED, UM, AND THAT WAS APPROXIMATELY THREE YEARS AGO THAT THE NEIGHBORHOOD ASSOCIATION WAS VERY MUCH IN FAVOR OF THAT, WHICH I THINK GOES TO YOUR QUESTION, UH, CHAIR ORIAN AS TO WHY THOSE WALLS STILL EXIST. UM, THE IDEA WAS FOR THAT HEADQUARTERS TO INCORPORATE THOSE TWO ELEMENTS AND THAT'S WHY THOSE TWO ELEMENTS STILL REMAIN. AND THEN, YOU KNOW, AS FAR AS THE USE UP AND DOWN SOUTH PRESA IN THAT AREA, I NOTICED THAT THERE WAS A RESTAURANT, I THINK TO THE NORTH, UM, SOME OF THESE THINGS THAT, YOU KNOW, THEY'RE NOT REALLY ALLOWED IN. I ONE, UH, AND I, AND I, I ENCOUNTERED SOME OF THIS MYSELF ON ANOTHER PART OF TOWN WHERE YOU HAD THESE RESIDUAL I ONE ZONINGS. SO, UM, THIS, THIS, UM, IT IS ODD THAT YOU HAVE I ONE ON EITHER SIDE OF THE STREET UP AND DOWN SOUTH PRESA LIKE THIS. UM, AND I JUST, UH, I AM A LITTLE CONCERNED. THAT'S WHY I WAS ASKING ABOUT CLEAR VISION ABOUT TURNING ONTO SOUTH PRESA. I JUST, UH, ESPECIALLY WITH THE CARRIAGES, 'CAUSE THEY'RE NOT, ARE THE, AND I, AND THIS GOES, I WANT YOU TO STAY THERE FOR A SECOND, BUT FOR THE APPLICANT, ARE THE CARRIAGES BEING, BEING HAULED IN OR ARE THEY BEING RIDDEN IN? THEY DRIVEN IN, BUT THERE IS SOME UH, CAN THE APPLICANT GO TO THE YEAH, COME ON UP PLEASE. OKAY, THANK YOU. SO AT THE MOMENT, OBVIOUSLY IT DOES LOOK LIKE THE CARRIAGE AREA IS THERE THAT CAN BE ADJUSTED AND WE CAN PUT THE CARRIAGES AT THE BACK AND COME OUT ONTO DREXEL. SO THAT DOES, UM, UH, OBVIOUSLY ASSIST IN THAT MATTER. BUT THIS IS A SCHOOL AREA AS WELL. THIS IS A SCHOOL ZONED AREA, SO THERE'S NO FAST TRAFFIC THERE. UH, THE, THE HORSE CARRIAGES ARE DRIVEN IN, THEY ARE STAGED INSIDE THE BUILDING AND THEN THEY ARE TAKEN OUT AND TAKEN INTO THE DOWNTOWN AREA. WHERE WE CURRENTLY ARE AT THE MOMENT IS A LOT BUSIER. UH, HENCE THE REASON WE'RE LOOKING AT THIS SITE YES. AND THE VOICEMAIL FROM 5 2 2, WE HAVE A LETTER FROM THE OWNER OF 5 2 2. YEAH. SAYING THAT THEY WERE IN FAVOR OF US BEING THERE. OKAY. AND COMMISSIONER, UM, MR. BUSMAN, SO WHEN YOU GO DOWN DREXEL, THIS IS WHERE THE HIGHWAY OVERPASSES CROSSES THE ROAD AND YOU, YOU ACTUALLY DRIVE UNDER THE, UNDER UNDERPASS. I RECALL THERE BEING A LOT OF, UH, I WAS THERE SOME A YEAR OR TWO AGO THERE. I THINK THERE'S A LOT OF RESIDENTIAL IN THAT AREA AND IT'S ACTUALLY USED AS RESIDENTIAL. RIGHT? THESE AREN'T HOMES THAT ARE BUSINESSES. THESE ARE, THAT IS CORRECT, MR. CHAIR. UH, SO IF YOU LOOK AT THAT FIRST HOME, UH, YOU KNOW, ONE OF THE MEMBERS OF OUR NEIGHBORHOOD ASSOCIATION LIVES RIGHT THERE ON DREXEL, UH, TERRY, AND I'VE FORGOTTEN HIS LAST NAME NOW. UM, BUT YES, ALL OF THOSE HOMES, TO MY KNOWLEDGE ON DREXEL ARE SINGLE FAMILY RESIDENTIAL IN THEIR ZONING AS WELL AS THEIR USE. UM, YOU KNOW, WITH RESPECT TO PERSA BEING A SCHOOL ZONE, THAT IS TRUE. HOWEVER, I HAVE TO SAY THAT I'VE HAD PEOPLE PASS ME ON THE LEFT GOING SOUTH ON PESA, AWAY FROM DOWNTOWN ON SUNDAYS. UM, SO THAT, THAT IT IS A SCHOOL ZONE IS ABSOLUTELY UNCONTROVERTED, UH, THAT, THAT NECESSARILY MEANS THAT IT IS SLOWED OR HAS SLOW TRAFFIC IS, IS NOT NECESSARILY TRUE. OKAY. UM, ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? WE DO HAVE THINGS IF THAT'S BAD. SO WE HAVE, UH, WE HAVE A REQUEST FROM THE HOMEOWNERS ASSOCIATION FOR A CONTINUANCE. IT LOOKS LIKE A MONTH. AND WE ALSO, UH, WE CAN ALSO VOTE ON THIS TODAY IF YOU ALL WISH. SO I'M, I'LL LEAVE THAT UP TO WHOEVER WOULD LIKE TO MAKE A MOTION. CAN I JUST ADD BEFORE Y'ALL DO? SURE. GO AHEAD. AS FAR AS THE ARCHITECTURAL PLEASE, PORTION OF IT, ROLAND CASTROS WITH MC DESIGN ARCHITECTURE. UM, ON THE, UM, THE STREET THAT'S BEING USED, THE COMMERCIAL PORTION OF IT, THERE ARE VARIOUS INDUSTRIAL BUILDINGS AND COMMERCIAL, UH, COMPANIES THAT ARE ALREADY FURTHER DOWN ON PRESA AS WELL. IF YOU GET A CHANCE TO, YOU CAN LOOK AT IT. SO IT'S NOT THE ONLY INDUSTRIAL BUILDING THAT'S GONNA BE ON THIS, ON THIS STREET, BUT THERE ARE OF COURSE OTHER HOUSES THAT ARE IN INDUSTRIAL. UM, AS FAR AS THE VISION, UM, [03:05:01] TURNING ON DREXEL AND IMPRESSUM, UM, ON ONE OF THE, UM, RENDERINGS, THEY HAVE CUT OFF THE CORNER TO BE ABLE TO PROVIDE A VISUAL AROUND THAT CORNER PART OF IT. SO THERE ALREADY HAD AN INTENTION OF PROVIDING VISUAL FOR TURNING AT THAT CORNER AS WELL. NOW ALSO ACROSS THE STREET THERE IS A, A TIRE SHOP THAT ALSO HAS, UM, AN INDUSTRIAL LOOK ON THIS. UM, KING'S TIRES AND THEIR BUILDINGS ARE ALSO UP AGAINST THE PROPERTY LINES AS WELL. SO IT'S NOT THAT WE'RE TAKING IT OUT OF CONTEXT OF WHAT'S IN THE NEIGHBORHOOD ALREADY, IT'S JUST KIND OF CONTINUING WHAT'S ALREADY BEEN THERE AS WELL. OKAY. AND SO, SO, SO WHILE YOU'RE HERE, I'M GONNA ASK, I'M GONNA GO AHEAD AND ASK YOU A QUESTION. THERE IS AN ENORMOUS AMOUNT OF THREE-PHASE POWER DOWN PRESA AND DOWN DREXEL, LIKE RIGHT UP AGAINST THE SIDEWALK. AND SO NOW THAT THERE'S, THERE'S NOTHING THERE. I MEAN, HOW ARE YOU MEETING THE 10 FOOT SEPARATION FROM THOSE PRIMARY LINES, UH, WITH THE STRUCTURE? HAVE YOU THAT THERE IS A, DOES THAT COME UP IN ANY OF YOUR DESIGN? YEAH, WE TALKED TO, LOOKED AT THE ELECTRICAL ENGINEERS ON PART OF THAT. THERE IS A, A HEIGHT REQUIREMENT FOR, UM, THE, UH, EASEMENTS THAT'S ON THERE. AND WE'RE ABLE TO GET UP TO A MAXIMUM 16 FOOT OF THE BUILDING AND STILL BE WITHIN THE 14 FOOT VARIANT OR THE, UM, EASEMENTS FOR THE ELECTRICAL. OKAY. SO THAT PROVIDES US WITH THAT BUILDING IN SOUTH PRESA. HOW, WHAT'S THE SCOPE OF THAT ROAD? HOW, HOW WIDE IS THE RIGHT OF WAY THERE? UM, I'M NOT SURE EXACTLY ON IT. I THINK IT'S, I THINK I'VE GOT A, CAN I JUST SAY THAT CPS SAID THAT WE WERE ALLOWED TO GO UP TO 18.9 FEET? YEAH. THAT, AND THAT SOUNDS ABOUT RIGHT. YEAH. 'CAUSE USUALLY, AND THAT'S THE, THE REASON WHY WE WENT TO THE 16 FEET BECAUSE WE SETBACKS AREN'T, ARE, ARE THERE'S A LOT OF REASONS WHY YOU HAVE SETBACKS, YOU KNOW, FOR MULTIPLE REASONS. BUT DO YOU HAPPEN TO HAVE NO, WE'VE GOT A 60 FOOT RIGHT OF WAY. IT IS SIX. SO IT'S NOT A 70. IT'S NOT 70. YEAH. OKAY. SO YOU DON'T NEED THE BIG WHITE SIDEWALK. YEAH. ALL RIGHT. COMMISSIONER ZUNA. I HAVE A CHAIR. YES. WE HAVEN'T HEARD. UM, I LIKE YOUR DESIGN. IT'S REALLY PRETTY. I LIKE THE POTENTIALLY, I, I CAN'T TAKE FOR THE CREDIT. I LOVE THE, WITH MR. DON. IT, I LIKE THE, THE IDEA OF HAVING A MURAL THERE. I REMEMBER WHEN IT WAS THE GERMAN RESTAURANT, 'CAUSE I GREW UP IN THAT NEIGHBORHOOD. MM-HMM. . UM, BUT I AM VERY CONCERNED ABOUT THE TYPE OF BUSINESS THAT'S THERE. YOU KNOW, I, I HAVE A LOT OF CONCERNS THAT IT'S RIGHT SMACK IN THE MIDDLE OF A VERY DENSE RESIDENTIAL AREA. WELL, WE HAVE TO BE CAREFUL WITH THAT 'CAUSE WE CAN'T MM-HMM. . SO, YEAH. WE'RE NOT ZONING. BUT YEAH. SO I'M JUST, UH, WONDERING, YOU KNOW, HOW THAT IS GONNA WORK, YOU KNOW, WITH THE TRAFFIC OF CARRIAGES AND HORSES, UM, HOW THAT IS GOING TO WORK IN THAT SETTING THERE. UM, AND THEN SEEING THAT THERE'S THE CHURCH ACROSS THE STREET, ROBERT, ROBERT B. GREEN, DOWN THE STREET, UM, AND RESIDENTIAL AREAS ACROSS THE STREET. MM-HMM. , UH, HOW, HOW CAN YOUR DESIGN BE? UM, I DON'T KNOW. AND, AND IT'S NOT THE DESIGN, IT'S, IT'S THE USE. IT'S WHAT, WHAT IS GONNA BE WORKING OUT OF THERE? RIGHT. SO THE CHURCH ARE VERY HAPPY THAT WE'RE GONNA BE THERE. THEY'VE ACTUALLY GIVEN US, UH, A LEASE FOR PARKING IN THEIR PARKING LOT. UM, LIKE I SAID EARLIER, WE DO WORK WITH THE CHURCHES AND THE SCHOOLS. SO THAT'S GONNA GIVE IT THEM. UM, OBVIOUSLY PRIORITY BECAUSE THEY'RE JUST ACROSS THE STREET FOR US. AS YOU CAN SEE, WE DO WORK FROM THE DOWNTOWN AREA, WHICH IS A VERY DENSE POPULATED AREA. . IT'S GOT THE HOTELS, UH, VERY SMALL STREETS, EVERYTHING LIKE THAT. OUR CURRENT LOCATION IS IN THE DOWNTOWN AREA. SO THAT'S THE REASON WHY WE'RE MOVING OUT. UM, WE ARE A SLOW MOVING VEHICLE AND THAT ACTUALLY HAS A LOT OF POSITIVES IN THE DOWNTOWN AREA. 'CAUSE WE DO SLOW VEHICLES DOWN. AND IF THERE IS A CONCERN THAT THERE IS, UH, SPEED VEHICLE, HIGH SPEED VEHICLES ON SOUTH PRESA, THEN WE COULD CONTRIBUTE TO THE FACT THAT WE WILL SLOW THE VEHICLES DOWN ON THERE. AND THAT HAS BEEN BROUGHT TO THE ATTENTION OF THE CITY COUNCIL ON NUMEROUS OCCASIONS. OKAY. SO COMMISSIONER ZUNA, MY QUESTION IS FOR THE ARCHITECT, UM, IF YOU HAD TO ABIDE BY ALL OF THE VARIANCE SETBACKS AND, UM, OFFERS THAT ARE REQUESTED, HOW MUCH OF THE SITE IS DEVELOPABLE? WHAT IS USABLE ON THIS SITE? IF YOU HAD TO COMPLY WITH ALL OF THE SETBACKS FOR THE REQUIREMENT THAT THE, UH, OWNER IS, UM, LOOKING INTO, AND OF COURSE THEY'RE LOOKING AT THIS VISIBILITY STUDY BEFORE THEY PURCHASE IT. SO THIS IS WHY THEY'RE TRYING TO DO OUR DUE DILIGENCE HERE. UM, THE SIZE OF THE, IF YOU GO BACK TO THAT SITE PLAN, UM, THAT CARRIAGE AREA AND THE, AND THE HORSE STALL, THAT'S ABOUT 6,000 SQUARE FEET. THAT'S KIND OF THE MINIMUM OF WHAT THEY WOULD NEED TO HOUSE THEIR, THEIR CARRIAGES AND, AND OF COURSE A MINIMUM TIME FOR THEIR HORSES. UM, ANYTHING LESS THAN THAN THE 6,000, IT JUST WOULDN'T WORK. IT WOULD KILL THE DEAL. SO, AND SO IF WE HAD THE [03:10:01] BUFFERS FROM THE, THE SOUTH SIDES AND THE BUFFERS ON THE, THE WEST SIDE ON PRESA, THEN, THEN THE BUILDING'S JUST TOO SMALL. SO WHAT WOULD THE DEVELOPABLE, YOU NEED 6,000 SQUARE FEET. WHAT WOULD, WHAT WOULD NEED AT LEAST SIX BE USABLE OUT OF THE PROPERTY IF YOU WERE NEEDING TO COMPLY WITH THE VARIANCES? I THINK YOU END UP AT ABOUT 25 UNDER 3000 SQUARE FEET. IF YOU TAKE ALL OF THE SETBACKS, YOU CAN ONLY BUILD ON ABOUT 3000 SQUARE FEET. YEAH. IT'LL BE ABOUT 3000 SQUARE FEET IF WE ADD ALL THE SET. SO JUST NOT, NOT USABLE FOR THEIR YEAH. IT'S NOT USABLE ON THAT PART. YEAH. AGAIN, THE MAIN THING IS THAT THEY ARE HOUSING THE CARRIAGES INSIDE THERE. THE HORSES ARE IN AND OUT. MM-HMM. MOST OF THE TIME. AND SO THE, THE MORE VALUABLE PORTION, OF COURSE, IS WHAT'S STAYING THERE OVERNIGHT. AND THAT'S THE CARRIAGES AND THAT'S WHAT THEY NEED THAT EXTRA SPACE FOR. UM, DRIVING AND TRAFFIC. UM, THERE PROPOSES TO COME THROUGH PRESA AS A ONE-WAY ENTRANCE THROUGH, UM, THE VC THAT DRIVE THROUGH THAT'S DOWN THE APPROACH. AND THEN EXIT THROUGH THE, THE DREXEL. WE WOULD PROVIDE A, UM, OH YEAH. SO WE WOULD HAVE AN ENTRANCE HERE THAT WOULD COME OUT AND THROUGH THE BUFFER WE WOULD PROVIDE, UH, CIRCULATION TO COME OUT OUTSIDE ON THIS SITE. SO THEY TOOK INTO CONSIDERATION ON THAT PART. BUT AS FAR AS ANSWERING YOUR QUESTION, I MEAN, IT'S, IT'S, WE, THEY NEED TO HAVE THE AMOUNT OF SPACE THAT WE HAVE HERE ON THAT PART. SO THE, THE LARGE, EVEN IF IT'S, EVEN IF IT WAS MORE OF A CARPORT, LET'S SAY THE ROOF GOES ALL THE WAY UP HERE AND THE CARRIAGES CAN STAY WITHIN THAT, YOU KNOW, 3,500 SQUARE FOOT, THEN, THEN THAT WOULD WORK. THEN THAT WOULD AT LEAST HAVE WHERE THE CARRIAGES ARE CLOSED UP. AND THE REST OF THIS CAN BE MORE OF A CARPORT, KIND OF LIKE WHAT THE TIRE SHOP HAS ACROSS THE STREET. THEY'VE GOT A REALLY LONG CARPORT FOR THEIR, UM, SERVICING. UM, SO IT WOULDN'T BE ANY DIFFERENT THAN WHAT THAT WOULD BE. I MEAN, IF EVEN WE HAD TO HAVE THIS OPEN, OPEN SPACE HERE TO HAVE, UH, A DRIVE THROUGH OR CARPORT, THEN THAT WOULD WORK AS WELL, YOU KNOW. OKAY. MANANA, COMMISSIONER MANANA. SORRY. UM, SO C COULD YOU BRING UP THE, THE PAGE THAT SHOWED THE NOTICES IN FAVOR AND OPPOSITION? 'CAUSE I BELIEVE IF I CALL RECALL, FIVE TWENTY TWO DID SHOW IN FAVOR ON YOUR MAP, BUT THAT PERSON ALSO CALLED IN AND SAID THEY WERE NOT IN FAVOR. UH, DID I GET THAT CORRECT? YEAH. BACKUP TWO OR THERE YOU GO. SO YOU SHOWED THE MAP. SO, SO IT DOES SHOW, UH, THAT'S THE ONE THAT CALLED IN? CORRECT. AND SO BASICALLY THEY HAD TO, UH, THEY SHOWED, THEY CALLED IN IN OPPOSITION. UH, BUT IT DOES SHOW A CHECK MARK THERE. THEY HAVE IN FAVOR A LETTER. THEY DID PROVIDE A LETTER OF FAVOR. I DON'T KNOW, WHEN WAS THAT CALL? WAS IT AFTER YOU ALWAYS SENT MELANIE THE LETTER? MELANIE, DO YOU WANNA CHIME IN? IT WAS, UH, 5 22 WEST DREXEL THAT CALLED. CORRECT. SO, SO IT LOOKS LIKE MAYBE ANOTHER PERSON, 'CAUSE HIS, IT MIGHT BE VERSUS THE MAIL, SO SURE. IT, IT COULD ALSO BE THE RENTER VERSUS THE PROPERTY OWNER. OH, OKAY. IS THAT A RENT RENTER SPACE? IS THERE, IS THERE A RENTAL SPACE? WE HAVE AND MRS. CRUZ IS SHOWING AS THE PROPERTY OWNER AIR CORNER OF BEAR COUNTY, WHICH IS IN OPPOSITION. THE LETTER IS, NO, MRS. CRUZ IS CRUZ SIGNED. IT IS ALL RIGHT THAT SHE DID BOTH. SHE'S MS. CRUZ HAS IT CONFLICTED? IT LOOKS LIKE, I THINK IT WAS THE MIRANDA THAT CALLED IN. YEAH. UN UNLIKE THE OWN, THE PROPERTY OWNER, MS. DIANA CRUZ. SURE. CHAIR YES. COM COMMISSIONER EZ MR. BUSANTE HAD PROPOSED THAT WE DO A CONTINUANCE SO THAT THEY COULD MEET WITH ROOSEVELT NEIGHBORHOOD ASSOCIATION AND INDEED SEE IF THEY ARE IN FAVOR. I MOVE THAT WE CONSIDER THAT. OKAY. I SECOND A SECOND. ALRIGHT, WELL THEN THAT SOUNDS LIKE THAT'S WHAT PEOPLE ARE WANTING TO DO HERE. UM, I PERSONALLY, I DO WANT TO ASK STAFF, DO YOU KNOW WHAT, WHAT, UH, SOUTH PRESS IS LISTED ON THE MAJOR THOROUGHFARE PLAN? IS THAT A, UH, IS THAT INTENDED TO BE ANYTHING MORE THAN A 60 FOOT RIGHT OF WAY? WE HAVE TO 86 FOOT, UM, 86, CORRECT. 86 FOOT SE SECONDARY ARTERIAL TYPE A. AND WOULD IF THIS, IF THIS APPLICANT WERE TO MOVE FORWARD WITH THE DEVELOPMENT, WOULD THEY HAVE TO PLA I BECAUSE THEY WOULD'VE TO GIVE UP 13 FEET A RIGHT OF WAY IF IT'S ONLY 60 FEET NOW? MM-HMM. . AND IS THAT, DID THAT COME INTO ANY OF YOUR DESIGNS? BECAUSE IF WE, IF, 'CAUSE YOU'RE ASKING FOR A SETBACK, UH, VARIANCE SUFFICIENTLY THAT SOFT PRESSA. SO IF YOU HAVE TO LOSE 13 FEET, YOU KNOW, THAT DOESN'T WHAT HAPPENS IF WE WEREN'T AWARE OF THAT. YEAH. SO IF EXTENSION THERE, IF, UM, THEY COULD ALSO HAVE TO GO TO, UM, PUBLIC YOU VARIANCE FROM PLANNING WORKS FOR, UH, TO PUBLIC WORKS FOR AN ENCROACHMENT PERMIT. BUT YOU HAVE, BUT, BUT, UM, LET'S JUST SAY THAT WE APPROVED, UM, A SETBACK [03:15:01] VARIANCE ALONG SOUTH PRESA IF THEY DID A RIGHT OF WAY DEDICATION. DOES THE SETBACK VARIANCE FOLLOW THE RIGHT OF WAY DEDICATION OR IS IT WHERE IT LIES TODAY AND ANY DEDICATION CROPS THAT, HOW WAS THAT, HOW WAS THAT DONE? IT WOULD HAVE TO BE FROM WHERE THE CURRENT PROPERTY LINE IS ESTABLISHED, WHERE THE PINS ARE CURRENTLY LAID. 'CAUSE YOU KNOW WHAT MY BIG CONCERN WITH THIS IS THAT THERE'S, MOVE IT LATER ON. THERE'S SOME PROPERTIES THAT YOU HAVE TO BE CAREFUL DOING THIS WITH. MM-HMM. . OKAY. SO WHEN I HEAR THAT THERE'S GONNA HAVE TO BE A 13 FOOT DEDICATION AND BECAUSE YOU'RE OVER 70 FEET NOW, YOU NEED A 12 FOOT SIDEWALK. I MEAN, I JUST DON'T SEE HOW IT'S POSSIBLE FOR THIS TO GET THROUGH HERE WITHOUT HAVING SUBSTANTIAL REDUCTIONS IN WHATEVER IT IS YOU'RE ASKING FOR. AND SO, AND THAT'S IN PLACE ALREADY WITH PUBLIC WORKS TO DO THAT EXTENSION LATER ON. WELL, WHEN YOU MOVE FORWARD WITH THE PLAT, THEY'RE GONNA VER THEY'RE GONNA VERIFY YOUR THOROUGHFARE PLAN AND THEY'RE GONNA SAY, HEY, THIS IS 60 FEET. WELL, IT'S BEEN PLATTERED ALREADY. WE'RE NOT PLATING ANYTHING. YOU'RE, YOU DO NOT HAVE TO PLAT IT. NO. OKAY. THERE'S NO PLATINGS IN, IN PLACE ALREADY FOR INDUSTRIAL USE AS WELL. SO. WELL, IT'S ZONING, BUT BECAUSE ON YOUR SITE PLAN, I, I GOT THE IMPRESSION THAT YOU'RE MORE THAN ONE LOT OR A PARCEL IN THAT. NO, IT'S, IT'S PLOTTED INTO ONE PARCEL. WHEN WAS THAT DONE? OH, IT LOOKS LIKE IT HAS BEEN DONE. OKAY. YEAH, IT'S BEEN PLOTTED ALREADY. I KNOW. 'CAUSE THAT, THAT AREA WAS PART OF A, I ACTUALLY WORKED ON SOMETHING UP THE STREET AND I KNOW THAT AREA WAS COVERED ON A VERY, VERY OLD PLAN. I COULDN'T REMEMBER. MM-HMM. IF IT WAS ANTIQUATED OR, OR WHAT? YEAH, I THINK IT'S BEEN PRETTY RECENT. I DON'T THINK I'VE GOT THE COPY OF IT HERE BECAUSE YOU KNOW WHAT? OH, THERE YOU GO. YEAH. WELL, THERE'S NO DASH PORTION LINE, BUT HE'S THIS THING'S SHOWING. I HAVE IT TURNED OFF. YEAH. HERE HE GOES. SO IF IT'S PLATTED, DOES THAT MAKE A DIFFERENCE ON, WELL IF IT'S ALREADY GONE THROUGH PLATTING, THEN YOU WOULD THAT THE RIGHT OF WAY DEDICATION WOULDN'T COME UP 'CAUSE YOU'RE NOT PLATTING IT. RIGHT. BUT YOU DO. YEAH. SO A 14 FOOT AERIAL COMMENCING AT 18 FEET. ALL RIGHT. WELL THAT ANSWERS THAT QUESTION. OKAY. SO WE HAVE A, WE, WE HAVE A, UM, A COMMISSIONER LIKE TO MOVE FOR A 30 DAY CONTINUANCE. SECOND. WHO MADE THE MOTION FOR THE CONTINUANCE? ALRIGHT. AND SO WE'RE TAKING THAT TO WHAT DATE? JUNE 3RD. JUNE 3RD. AND COMMISSIONER DEAN WAS THE SECOND ON THAT. OKAY. SO WE HAVE A, A MOTION AND A SECOND TO GO TO JUNE 3RD. UM, ALL IN FAVOR SAY AYE. AYE. AYE. AYE. ANY OPPOSED? HEARING NONE. MOTION. UH, IT'S, THIS IS CASES CONTINUED TO JUNE 3RD. THANK YOU. APPRECIATE IT. LAST ITEM, ITEM 11, CHAIR. I'LL BE UH, DEPARTING. IT IS 4 28. COMMISSIONER DEAN IS, UM, LEAVING THE MEETING. OKAY. OKAY. BOA CASE 24 1 0 3 0 0 0 6 7. ADDRESS IS 8 0 2 2 AND 8 0 2 6 AIRLIFT AVENUE COUNCIL DISTRICT FOUR APPLICANT SANTIAGO, SANTIAGO AN GUANO, UH, A SIX INCH VARIANCE FROM THE MINIMUM 50 FOOT WIDTH TO ALLOW A WIDTH OF 49 FEET AND SIX INCHES ON TWO LOTS. ZONING IS RESIDENTIAL SINGLE FAMILY R SIX. THIS SUBJECT PROPERTY IS LOCATED ALONG ERROR LIFT AVENUE EAST OF SOUTHWEST LOOP FOUR 10 AND SOUTH OF MARBACH ROAD WITHIN THE LACKLAND TERRACE NEIGHBORHOOD ASSOCIATION. BEFORE CONSTRUCTION ON THE TWO VACANT LOTS, IT WAS IDENTIFIED THAT THE LOT WIDTH AT THEIR NEAREST POINTS WAS 49.66 FEET AT 8 0 2 6 AIRLIFT AND 49.51 FEET AT 8 0 2 2 AIRLIFT. THE REQUIRED LOT WIDTH FOR AN R SIX ZONE PROPERTY IS 50 FEET. THE APPLICANT IS REQUESTING A SIX INCH VARIANCE TO ALLOW A LOT WIDTH OF 49 AND A HALF FEET ON TWO LOTS. AIRLIFT SUBDIVISION REPL WAS ESTABLISHED ON APRIL 22ND, 2021 WITH THE ESTABLISHMENT OF THE WITH HAD ESTABLISHMENT OF SUBSTANDARD LOTS DUE TO STAFF OVERSIGHT. THE UNIFIED DEVELOPMENT CODE ALLOWS DEVELOPMENT SERVICES TO ISSUE UP TO A SIX INCH ADMINISTRATIVE VARIANCE. HOWEVER, THIS IS, THAT IS LIMITED TO HEIGHTS AND SETBACKS, NOT LOT WIDTH. AND THE SITE [03:20:05] SUBJECT PROPERTY SURROUNDING AREA STAFF RECOMMENDATION ON THE LOT WITH VARIANCE STAFF RECOMMENDS APPROVAL AND BOA 24 1 0 3 0 0 0 6 7 BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUEST WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD AND THE PROPERTY WILL BE ABIDING BY ALL OTHER DIMENSIONS AND SETBACK REQUIREMENTS. WE MAILED OUT 24 NOTICES RECEIVE ZERO IN FAVOR AND ZERO IN OPPOSITION. NO RESPONSE FROM THE LACKLAND TERRACE, UH, NEIGHBORHOOD ASSOCIATION AND NO PUBLIC COMMENT. AND THIS CONCLUDES STAFF PRESENTATION AND THE REPRESENTATIVE FOR THE APPLICANT IS HERE. ALL RIGHT. IS THERE ANYTHING A CAN COME FORWARD? UH, GOOD AFTERNOON. UH, MY NAME IS LORENNA MARTINEZ, BUT I'M NOT THE APPLICANT. IT'S MR. SANTIAGO ANO, BUT HE HAD A PERSONAL, UM, ISSUE SO HE SEND ME OVER AND SEE WHAT WE CAN DO ON THIS. OKAY. UM, THIS LOOKS PRETTY CUT AND DRY. WE'VE SEEN THIS ONCE IN A BLUE MOON. UH, THEY'RE OFF JUST LESS THAN SIX INCHES. UH, I KNOW IT HAPPENS ONCE IN A WHILE. UH, IS THERE ANY COMMISSIONER QUESTIONS? ANY CONCERNS? MANNA, MR. MANNA? SO, SO IT LOOKS LIKE, UH, THE ABUTTING PROPERTIES, UH, TO THE EAST OR TO THE WEST OF, OR TO THE WEST? I'M SORRY. UH, 24 0 2 AND 24 0 6. UM, WHATEVER THE STREET IS NEXT TO Y'ALL. UM, 80 22 AND 80 26. MM-HMM. . SO, SO 80 22 AND 80 26 ARE THE TWO PROPERTIES WE'RE WE'RE TALKING ABOUT. MM-HMM. . BUT IT, BUT IT LOOKS LIKE THOSE FOUR PROPERTIES OR THOSE TWO PROPERTIES WERE ALSO RECENTLY REPLANTED. YES. WITH THE ABUTTING PROPERTIES NEXT TO IT. MM-HMM. , THOSE AREN'T GONNA HAVE ANY PROBLEM IN THE FUTURE AS WELL, OR, OR ARE THEY ALSO SHORT? MM-HMM. . AND SO, YOU KNOW, SHOULD WE BE TALKING ABOUT ALL FOUR OF THEM AT ONCE? UH, VERSUS JUST THE TWO? WELL THOSE, UH, THE ONES THAT YOU'RE LOOKING AT TODAY ARE THE ONLY ONES WE ADVERTISE FOR. SO THOSE ARE THE ONES THAT NEED TO MOVE FORWARD TODAY. UM, THE OTHER ONES LOOK LIKE THEY MIGHT BE, IF THEY NEED 'EM, UM, THEY WOULD HAVE TO BE READY TO GO WITHIN THE NEXT 12 MONTHS. THAT'S PROBABLY WHY THEY DIDN'T APPLY FOR THOSE. OKAY. SO I'M GOOD THEN. IS THE, THIS IS ALL ZONE R SIX, CORRECT? THEY'RE ALL R SIX. YEAH. SO THEY ALL MEET THE 6,000 SQUARE FOOT LOT SIZE AREA AND THEN UH, THESE JUST TWO JUST DON'T MEET THE 50 FOOT WIDTH REQUIREMENT. RIGHT. SO IT LOOKS LIKE THE LOTS, WHAT IS THAT? NINE AND 10 ARE GONNA BE FINE, RIGHT? OKAY, I'M LOOKING FOR A MOTION. I CAN DO IT. COMMISSIONER MANNA REGARDING CASE NUMBER BO A 2 4 1 0 3 0 0 0 6 7, I'M MOVED AT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR A SIX INCH VARIANCE FROM THE MINIMUM 50 FOOT WIDTH TO ALLOW A WIDTH OF 49 FEET SIX INCHES ON TWO LOTS SITUATED AT 8 0 2 2 AND 8 0 2 6 AIRLIFT AVENUE APPLICANT B IN SANTIAGO, UH, ON GUANO. UH, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE THE VARIANCES ON CONTRARY TO PUBLIC INTEREST, STAFF FINDS THAT THE REQUEST IS NOT CONTRARY TO PUBLIC INTEREST AS THE APPLICANT IS ABIDING BY THE SETBACK REQUIREMENTS, WHICH WILL NOT INFRINGE ON THE NEIGHBORING PROPERTIES. TWO, DUE TO SPECIAL CONDITIONS OR LAW ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. IN THIS CASE, A SPECIAL CONDITION FOUND ON THE SUBJECT PROPERTY IS THE NARROW LOT WITH, WITHOUT THIS VARIANCE AND UNNECESSARY HARDSHIP WILL PREVENT THE, WILL PREVENT THE APPLICANT FROM DEVELOPING THIS LOT. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE APPLICANT'S REQUESTING THIS VARIANCE PRIOR TO CONSTRUCTION. ADDITIONALLY, ALL OTHER BUILDING REQUIREMENTS SUCH AS SETBACK MINIMUMS, BUILDING HEIGHT, AND LOT DENSITY ARE ALL BE INVITED BY THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED BY GRANTING THIS VARIANCE FOR 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. AS SUCH, A VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. IT GRANTED THE LOTS WILL MAINTAIN 49 FEET, SIX INCHES IN WIDTH, WHICH WILL NOT INJURE THE ADJACENT USE. CONFORMING PROPERTIES UPON SITE VISIT STAFF FOUND THAT THE SIX INCH VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. AND SETBACK REGULATIONS WILL ENSURE ADJACENT PROPERTIES REMAIN UNINJURED. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS [03:25:01] IN DISTRICT IN WHICH THIS PROPERTY IS LOCATED. STAFF FINDS APPLIED TO THE OWNER OF THE PROPERTY FOR WHICH A VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS THE NARROW WIDTH OF THE LOT. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL. END THE MOTION. SECOND. SECOND BY COMMISSIONER CRUZ. COMMISSIONER MANNA. SO, UM, YEAH, I'LL BE VOTING IN FAVOR OF THIS. UH, UH, PRIMARILY BECAUSE, UH, SIX INCHES, UH, DOESN'T APPEAR LIKE IT. UH, I AGREE WITH THE CITY. IT WILL NOT BE IMPACTING, UH, UM, ANY OF THE, UH, ABUTTING OR NEARBY NEIGHBORS AND UH, BECAUSE UH, THE APPLICANT WILL BE, UM, DOING ALL THE REST OF CONSTRUCTION WITHIN THE, UH, REQUIRED SETBACKS AND HEIGHTS AND LOT STREET. SO, SO I THINK THIS IS A MINIMAL, UH, IMPACT TO THE COMMUNITY. SO I'LL BE VOTING PAPER. COMMISSIONER CRUZ? UH, YES, I CONCUR WITH MR. MANNA. I DON'T SEE ANY PROBLEMS WITH THIS, UH, SINCE, UH, WE RARELY SEEMS LIKE, UH, HE, UM, THE CONSTRUCTION WILL BE WORTH IT. THANK YOU. ALRIGHT, ANYONE ELSE LIKE TO ADD HEARING UNANIM? HAVE A ROLL VOTE. COMMISSIONER MANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER BURSON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER BONIS? I CONCUR. COMMISSIONER DEAN. HE LEFT AT 4 28. YEP. COMMISSIONER GOMEZ. I CONCUR. COMMISSIONER BENAVIDEZ. I CONCUR. COMMISSIONER OZUNA. I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR. MOTION PASSES. 10 TO ZERO REGULATIONS. THANK YOU VERY MUCH. MM-HMM, [ Director’s Report  ] . AND IS THERE A DIRECTOR'S REPORT TODAY? OH, JUST ONE LITTLE MOMENT OF PERSONAL PRIVILEGE. UM, I WILL NOT BE WITH YOU GUYS FOR A LITTLE BIT. HAVE A CONTRARY TO POPULAR BELIEF. WE THOUGHT MY BACK WAS GONNA BE A EASY GET BETTER ON YOUR OWN THING, BUT IT'S NOT. SO THEY HAVE TO TAKE CARE OF IT. BUT I WILL BE BACK. WE'RE GONNA MISS YOU. I TELL YOU WHAT I MEAN, I WILL MISS YOU GUYS, BUT I'LL WATCH YOU ON TV. , CAN YOU YOU CAN'T, YOU CAN'T WEB YOU CAN'T WEBEX IN THE WAY I DID WHEN I WAS OUT ALL LAST YEAR. ? NO, SHE WE'RE GIVING HER ALL THIS TIME OFF. PLEASE. CHRISTY GET BETTER. . ALRIGHT, WE WILL TRY TO SET A WEBEX ON HER HOSPITAL, BUT . WELL, UH, IT LOOKS, UH, IT IS 4 37. I DON'T SEE ANY CHICK-FIL-A HERE, SO I GUESS WE'RE ADJOURNED. * 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.