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ONE MORE.I'M GONNA GO AHEAD AND GET STARTED.
I HEREBY CALL THIS MEETING OF THE BOARD OF ADJUSTMENTS, UH, INTO SESSION.
LET'S, WE CAN HEAR FROM THE SPANISH INTERPRETER PLEASE.
UH, STAFF, CAN YOU PLEASE CALL ROLL COMMISSIONER BAR HERE.
COMMISSIONER VASQUEZ, PRESENT CHAIR ORIAN.
UH, IT LOOKS LIKE WE HAVE 10 HERE, EXPECTING ONE SHORTLY.
UH, IF EVERYONE COULD PLEASE JOIN ME IN THE PLEDGE.
I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOUR STANDS.
ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
ALRIGHT, SO BEFORE WE PROCEED WITH TODAY'S CASES, I HAVE WANNA OFFER A FEW, UH, WORDS OF EXPLANATION.
UH, THIS BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE.
THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS.
THE FOLLOWING, THE CONCLUSION OF THE CASE IS THE BOARD WILL CONSIDER MINUTES FROM THE PREVIOUS MEETING, UH, FOLLOWED BY A DIRECTOR'S REPORT.
LASTLY, AS CHAIR WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS I, THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO BE ASKED 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 THE MEMBERS OF THE CITY STAFF COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA.
THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW.
WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELEASE SOUGHT AND DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES.
SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL.
THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL.
WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35.
WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO, TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28.
ARTICLE ONE, SECTION 28 DASH FIVE.
IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE.
EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS.
THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD.
ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER.
AFTER EVERYONE HAS HEARD THE CASE, IT WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION.
EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION.
IN ORDER FOR A MOTION TO CARRY.
IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES.
THE BURDEN OF PROOF AND GRANTING THE RELEASE SOUGHT RESTS WITH THE APPLICANT.
THE APPLICANT MUST PRESENT FACTS ON WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL.
SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S.
DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL.
PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS OF YOUR CASE AND LET THE RECORD SHOW THAT AT 1 0 4 COMMISSIONER UH, IEZ SHOWED UP AND JOINED OUR MEETING.
ALRIGHT, STAFF, GOOD AFTERNOON.
STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST.
PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR A VARIANCE OF SPECIAL EXEMPTION AND PROPERTY WITHIN 200 FEET OF THE SUBJECT.
PROPERTY CHECK MARKS INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION.
FOLLOWING THIS PRESENTATION IN QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THE REQUEST FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST A PROPELLED VARIANCE FOR SPECIAL EXEMPTION.
YOU'LL BE CALLED IN AN ORDER THAT YOU SIGN UP TO SPEAK.
THOSE IN SUPPORT IN OPPOSITION WILL BE ALLOWED A MAXIMUM THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE A MAXIMUM TIME LIMITATION.
FOR THOSE THAT WOULD LIKE TO GIVE OUT THEIR TIME TO A SPEAKER, THAT SPEAKER WILL BE ALLOWED A MAXIMUM TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES.
THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE
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TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS.[ Briefing and Possible Action on the following items ]
UH, ITEM, UH, THE FIRST TWO ITEMS ARE EITHER POSTPONED OR WITHDRAWN AND, UH, WE ARE GOING TO ENTERTAIN A CONTINUANCE FOR ITEM FOUR IF STAFF COULD MAKE A BRIEF, UH, STATEMENT BEFORE WE ENTERTAIN A MOTION.ALL RIGHT, GO AHEAD AND PUT UP THE UH, SLIDE REAL QUICK.
SO ITEM NUMBER FOUR IS REQUEST BY UH, PHILLIP KRAMER.
UH, FOR FENCE VARIANCE TO ALLOW CORRUGATED METAL ON THE SIDE AND REAR A FOUR FOOT 11 VARIANCE FROM THE FIVE FOOT MINIMUM SIDE.
UH, SETBACK TO ALLOW STRUCTURE ONE INCH FROM THE SIDE SETBACK.
A TWO FOOT SPECIAL EXEMPTION FROM THE MAXIMUM SIX FOOT FENCE HIGH TO ALLOW EIGHT FOOT PRIVACY FENCE IN THE SIDE REAR YARD.
A VARIANT FROM THE BEACON HILL AREA.
NEIGHBORHOOD CONSERVATION CARPORT, VERTICAL SUPPORT OR STRUCTURE ELEMENT TO MATCH PRINCIPAL STRUCTURE MATERIAL AND A FOUR FOOT 11 VARIANT FROM THE MI MINIMUM BEACON HILL AREA NEIGHBORHOOD CONSERVATION DISTRICT FIVE FOOT CARPORT RECESS STANDARDS TO ALLOW A ONE INCH CARPORT RECESS FROM THE FRONT FACADE LOCATED AT 7 23 EAST ELMIRA STAFF RECOMMENDS DENIAL.
AND WE DO HAVE, UM, TWO VOICEMAILS.
I MEAN YEAH, THREE VOICEMAILS, UH, TO PLAY FOR ITEM NUMBER FOUR.
AND IS, UH, ANYONE SIGN UP TO SPEAK FOR ITEM NUMBER FOUR? NOBODY'S SIGNED UP TO SPEAK.
MY PHONE NUMBER IS (210) 287-9025.
REGARDING CASE NUMBER BO OA DASH 24 DASH 0 3 0 0 6 1 OR 7 23 WEST SM DEAR BOARD OF ADJUSTMENT MEMBERS, BEACON HILL AREA NEIGHBORHOOD ASSOCIATION REQUESTS A CONTINUOUS FOR THE CASE AT 7 23 WEST SME SO THAT THE OWNER MAY HAVE THE OPPORTUNITY TO PRESENT TO THE ASSOCIATION AT ITS JUNE 10TH MEETING FOR A VOTE OF SUPPORT OR NON-SUPPORT.
THE OWNER HAS NOT CONTACTED THE ASSOCIATION AND MAY CHOOSE NOT TO PRESENT, IN WHICH CASE WE RESPECTFULLY ASKED FOR A DENIAL OF THE REQUEST FOR SPECIAL EXTENSION AND REQUEST FOR ZONING VARIANCE.
THIS IS NOT A MATTER OF SOME SMALL CHANGE BUT MODIFICATIONS THAT AFFECT THE QUALITY OF THE BLOCK AND THE PROPERTY OF BENE NEIGHBORS.
EIGHT FOOT CORRUGATED METAL FENCES, A ONE INCH SIDE SETBACK OF AN ACCESSORY BUILDING FROM THE PROPERTY LINE AND A ONE INCH SETBACK OF THE CARPORT FROM THE FRONT FACADE INSTEAD OF FIVE FEET.
THESE CHANGES ARE DRASTIC AND GRIEVOUS AND AFFECT THE PROPERTIES AROUND 'EM.
THE NCD FIVE STANDARDS, WHICH WERE CREATED BY THE RESIDENTS OF BEACON HILL IN PARTNERSHIP WITH THE CITY IN 2004 AND UPDATED IN 2017 ARE COMMUNITY STANDARDS THAT ARE LEGAL, SIMPLE TO UNDERSTAND AND ACCESSIBLE AS CITY STAFF ADVISES THE BUILDER WHEN A PERMIT IS PULLED, BARRING A CONTINUANCE BEACON HILL, RESPECTFULLY ASK THAT THE BOARD OF ADJUSTMENT DENY THE REQUEST FOR SPECIAL EXEMPTION AND FOR THE ZONING VARIANCE RESPECTFULLY, DANIEL HUBING ZONING AND URBAN DESIGN COMMITTEE, BEACON HILL AREA NEIGHBORHOOD ASSOCIATION CASE NUMBER BOA 2 4 1 0 3 0 0 0 6 1 ON UH, REGARDING 7 2 3 WEST SME PLACE.
MY NAME IS WAYNE STEVENSON THOMAS.
MY NUMBER IS 2 1 0 2 1 6 6 8 4 2.
AND I HAVE OWEN 7 1 2 WEST ELSMERE SINCE NOVEMBER OF 1994.
AND I'M ENTIRELY IN FAVOR OF GRANTING ALL THE VARIANCES REQUESTED BY THE OWNER OF 7 2 3 WEST ELSMERE PLACE.
NONE OF THE CHANGES REQUESTED BY THE OWNER ARE EXTREME.
THEY'RE WELL WITHIN THE ACTUAL NORMS OF OUR NEIGHBORHOOD, WHICH EXISTED LONG BEFORE THE CONSERVATION PLAN WAS ADOPTED.
THE EIGHT FOOT METAL FENCING REQUESTED IS ATTRACTIVE, EFFECTIVE, LONG LASTING AND SUSTAINABLE.
THIS FENCE IS WELL MADE AND WILL OUTLAST ALL THE WOODEN FENCING IN PLACE IN THE NEIGHBORHOOD AND ALL OF IT BUILT AFTERWARDS.
OUR HOUSES ARE ALL RAISED UP ON PIERS, WHICH MAKES SURE OUR NEIGHBORHOOD, UH, WHICH MAKES A SIX FOOT HEIGHT LESS EFFECTIVE THAN FOR THE SLAB HOMES WHICH PREDOMINATE IN MANY NEIGHBORHOODS.
THE REQUESTED VARIANCE ON THE SUPPORT OF THE CARPORT IS TRIVIAL.
IT DOES NOT INTERFERE WITH THE SERENITY OR ATTRACT INTO OUR NEIGHBORHOOD AND SHOULD BE GRANTED.
LIKEWISE, THE VARIANCE IS ON THE CARPORT.
IT'S ATTRACTIVE AND IT DOESN'T INTERFERE WITH OUR NEIGHBORHOOD.
WHEN THE NEIGHBORHOOD CONSERVATION DISTRICT WAS INTRODUCED, IT WAS MY UNDERSTANDING AND I KNOW THAT OF MANY OTHERS, THAT IT WAS TO BE A MORE FLEXIBLE MEANS OF CONTROLLING THE EXTREMES OF THE INFILL DEVELOPERS, WHICH THEY PERPETUATED AROUND SAC AND IN TOBIN HILL AND PARTICULARLY ON THE 600 BLOCK OF FULTON NEARBY, I WAS SOLD ON IT AS A WAY TO PROTECT US AGAINST DEVELOPERS WHO TEAR DOWN OUR AFFORDABLE HOMES AND REBUILD OUT OF PLACE.
OUR SECTION OF BEACON HILL IN PARTICULAR
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WAS DEVELOPED AS AN AFFORDABLE SUBDIVISION THAT MEANT US, WE WERE VERY, UH, VULNERABLE TO SUCH UH, DEVELOPERS.MY NAME IS WAYNE STEVENSON THOMAS.
I HAVE OWNED 7 1 2 WEST ELSMERE PLACE SINCE NOVEMBER OF 1994.
AND I'M CALLING ABOUT CASE NUMBER BOA DASH 24 DASH 1 0 3 0 0 0 STAFF.
IS THAT THE SAME PERSON? 0 6 1 I, UH, AM ENTIRELY.
IT WAS THROUGH DIFFERENT NAMES IN FAVOR OF GRANTING ALL THE VARIANCES REQUESTED BY THE OWNER OF 7 2 3 WEST SME PLACE.
IT'S ENTIRELY WITHIN THE CHARACTER OF THE BLOCK AS STRUCTURES BUILT WITH LITTLE OR NO SETBACK FROM THE PROPERTY LINE.
HE'S LEFT TWO MESSAGES FOR TWO DIFFERENT ADDRESSES, BUT STILL THE SAME PERSON.
AND, AND THE CONTINUANCE IT WAS LISTED THAT IT WAS REQUESTED BY THE NEIGHBORHOOD ASSOCIATION, BUT DID THE APPLICANT ALSO WAS IN REQUEST FOR CONTINUANCE? YES, SIR.
IS THERE A MEMBER OF THE BOARD WOULD LIKE TO MAKE A MOTION TO CONTINUE THIS CASE TO JUNE 17TH? MAN, I SO MOVED.
IS THERE A SECOND? SECOND, SECOND BY, UM, I'LL GIVE IT TO CRUZ.
UM, I JUST WANTED TO ASK, UH, I KNOW ITEMS ONE AND TWO WERE EITHER POSTPONED OR WITHDRAWN.
WAS THERE ANYBODY SIGNED UP TO SPEAK OR ANY VOICEMAILS? NOBODY WAS SIGNED OUT TO SPEAK AND WE DID NOT GET ANY VOICEMAILS.
UH, SO AT THIS TIME I'M GONNA BE MOVING, UM, CASES SIX AND SEVEN UP TO THE BEGINNING.
UH, JUST 'CAUSE WE HAVE A, UH, A MEMBER OF STAFF THAT NORMALLY ISN'T HERE THAT WE WANNA MAKE SURE THEY CAN GET BACK TO THEIR, TO THEIR WORK.
UH, SO ITEM NUMBER SIX, PLEASE.
WHAT'S THE CASE NUMBER? AND THAT WOULD BE CASE ENDING IN 71.
ITEM NUMBER SIX, BO A DASH 24 DASH 1 0 3 0 0 0 7 1 62 11 INTERSTATE 10 WEST.
UH, COUNCIL DISTRICT ONE APPLICANT BEING BIOBRIDGE GLOBAL, UH, THE REQUEST IS FOR A NINE FOOT VARIANCE FROM THE MINIMUM OR MINIMUM 10 FOOT, UH, SETBACK TO ALLOW A SIGN TO BE ONE FOOT FROM THE FRONT SETBACK.
THE SUBJECT PROPERTY WAS LOCATED AT IS LOCATED AT THE INTERSECTION OF I 10 WEST EXPRESSWAY AND NORTH PARK 10 BOULEVARD OR FIRST PARK, 10 BOULEVARD FROM JUST WEST OF, UH, VANCE JACKSON ROAD.
THE APPLICANT ON BEHALF OF SOUTH TEXAS BIOBRIDGE GLOBAL BLOOD AND TISSUE BANK PAVILION DONOR CENTER IS REQUESTING A NINE FOOT SETBACK VARIANCE FROM A PROPOSED DIGITAL SIGN FOR A PROPOSED DIGITAL SIGN TO READILY DISPLAY REAL-TIME HEALTHCARE INFORMATION TO THE PUBLIC.
THE MINIMUM SETBACK FOR STREET RIGHT-OF-WAYS IS 10 FOOT.
IF THE SIGN EXCEEDS 25 FEET IN HEIGHT AND THE PROXIMITY IS, IS IN THE PROXIMITY TO THE EXPRESSWAY.
HOWEVER, DUE TO EXPRESSING, UH, DUE DUE TO EXISTING LANDSCAPE AND EASEMENT ON THE PROPERTY FOLLOWING THE SETBACK REQUIREMENTS, MAY REDUCE THE VISIBILITY NEEDED TO CAPTURE THE ATTENTION OF DAILY I I 10 COMMUTERS.
UH, PERMIT IS, UH, UM, PENDING APPROVAL FROM THE OUTCOME OF THE BOARD.
UM, THIS WILL BE THE SITE PLAN AND THESE WILL BE THE RENDERINGS 45 FEET, UH, SITE PLAN VISIBILITY, AND THIS WILL BE SUBJECT PROPERTY AND THEN THE SURROUNDING AREA.
STAFF RECOMMENDATION FOR THE SIGNED SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO OA DASH 24 DASH 0 3 7 1 BASED ON THE FOLLOWING FINDINGS OF FACT, THE PROPOSED VARIANCE IS CONTRARY TO THE PUBLIC INTEREST AS IT WILL NOT LEAVE SIGNIFICANT SUFFICIENT ROOM BETWEEN RIGHT OF WAY AND EXPRESSWAY.
AND TWO, THE REDUCED FRONT SETBACK WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS NO OTHER REDUCED FRONT SETBACKS.
FREESTANDING DIGITAL SIGNS WERE SEEN IN THE IMMEDIATE AREA.
STAFF MAILED EIGHT NOTICES, ONE IN FAVOR.
UM, ONE IN, UH, FAVOR, UH, NOT WITHIN 200 FEET, UM, ZERO IN OPPOSITION.
AND THERE IS NO NEIGHBORHOOD ASSOCIATION WITHIN
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200 FEET.AND THAT CONCLUDES STAFF'S PRESENTATION APPLICANT IS AVAILABLE FOR.
UM, ALRIGHT, WELL, LET'S HAVE THE APPLICANT COME FORWARD AND TELL US ABOUT YOUR SIGN.
I'M THE CHIEF OPERATING OFFICER FOR SOUTH TEXAS BLOOD AND TISSUE.
I'M CHRIS JOHNSON, VICE PRESIDENT OF SUPPLY CHAIN AND SUPPORT SERVICES.
ALL RIGHT, I'LL GET RIGHT INTO IT.
UH, NEXT, CAN WE PULL UP OUR SLIDES THAT WE HAVE SUBMITTED? ALL RIGHT, THANK YOU.
SO, OUR ORGANIZATION HAS EXISTED IN THE AREA SINCE 1974.
UM, PART OF THE FAMILY OF NONPROFITS OF BIOBRIDGE GLOBAL IS SOUTH TEXAS BLOOD AND TISSUE, AND YOU GUYS PROBABLY EVEN KNOW US AS PROVIDING BLOOD TO THE COMMUNITY.
AND OUR MISSION IS TO SAVE AND ENHANCE LIVES THROUGH THE HEALING POWER OF HUMAN CELLS AND TISSUE.
UM, WE SERVE OVER A HUNDRED HOSPITALS IN THE AREA, UH, ACROSS SOUTH TEXAS, INCLUDING THE METRO AREA HERE.
ONE OF THE THINGS THAT WE HAVE, UH, NEEDING OUR PUBLIC SERVICE MESSAGING BOARD FOR DIGITAL SIGN IS TO HELP US TO MEET THE NEEDS OF THE LOCAL COMMUNITY.
AND, UH, LATELY AS YOU'VE ALL SEEN, WE'VE HAD A TREMENDOUS COMMUNITY GROWTH.
WE HAVE SEVEN NEW HOSPITALS OPENING UP IN THE NEXT FEW YEARS.
IN FACT, 600 NEW BEDS, THOSE INCLUDING UT HEALTH, UH, MULTI-SPECIALTY AND RESEARCH HOSPITAL, THE WESTOVER HILLS METHODIST HOSPITAL, AS WELL AS CHRISTUS SANTA ROSA METHOD, UH, WESTOVER HILLS AND BAPTIST, ALSO IN WESTOVER HILLS AND THE UNIVERSITY HEALTH SYSTEM, UH, TAMA AND PALO ALTO MEDICAL CENTERS ARE SET TO OPEN VERY SHORTLY.
AND TO MEET THAT DEMAND FOR THE COMMUNITY, WE REALLY NEED TO UPDATE OUR OUTREACH METHODS AND TRY TO APPEAL TO THE COMMUNITY AS MUCH AS POSSIBLE.
AS YOU ALL PROBABLY ARE AWARE THAT BLOOD IS PERISHABLE, WE HAVE A CONSTANT NEED FOR BLOOD IN OUR COMMUNITY.
AND WITHOUT OUR COMMUNITY SUPPORT, WE CANNOT MEET THE DEMAND.
OVER 600 PATIENTS A DAY RELY ON DONORS GIFTS FROM THE AREA.
AND EVER SINCE THE PANDEMIC, UH, AFFECTED OUR ACCESS TO HIGH SCHOOLS AT, AT A PERIOD OF TIME, WE'VE SEEN A LARGE DECLINE IN THE DONOR BASE IN SAN ANTONIO.
AND WE REALLY NEED TO REACH OUT IN DIFFERENT WAYS TO THE COMMUNITY, WHICH IS ONE OF THE REASONS WHY WE'RE LOOKING FOR THIS SIGN TO BE PLACED IN A PLACE THAT CAN BE VISIBLE TO ALL THOSE PEOPLE PASSING BY.
UM, WE'VE HAD TO ALSO LOOK AT DIFFERENT WAYS TO ATTRACT WORKFORCE TO, UH, CREATE AND HOST, UH, EMPLOYEE-BASED BLOOD DRIVES.
SO THOSE ARE ALL WAYS WE'RE TRYING TO REACH OUT TO THE COMMUNITY WHOSE SUPPORT WE RELY ON IN ORDER TO MEET THE NEED OF OF PATIENTS.
UH, WE HAVE TIMES WHEN INCLEMENT WEATHER AFFECTS OUR ABILITY TO REACH OUT TO THE COMMUNITY, OR WE HAVE SITUATIONS LIKE WE SAW WITH, UH, SUTHERLAND SPRINGS AND VALDI, WHERE A MASS CASUALTY SITUATION OCCUR.
AND IN THOSE CASES, WE DO REACH OUT THROUGH MULTIPLE CHANNELS OF MEDIA, BUT HAVING THIS DIGITAL SIGN WILL HELP US TO REACH TO MANY MORE PEOPLE IN THE COMMUNITY TO MAKE SURE THEY'RE AWARE OF THE NEED AND THE LOCATION TO GIVE BLOOD.
UH, YOU HAVE IN YOUR PACKETS SOME LETTERS OF SUPPORT FROM, UH, SOUTHWEST TEXAS REGIONAL ADVISORY COUNCIL, THE EXECUTIVE DIRECTOR ERIC EPLEY, HE SUPPORT OF THIS, UH, DIGITAL SIGN.
AND ALSO THE NEXT SLIDE IN YOUR PACKET, YOU HAVE A LETTER OF SUPPORT FROM, UH, THE CHIEF TRAUMA SURGEON AT UNIVERSITY HOSPITAL AND UT HEALTH, WHICH IS, UH, DR.
SO YOU GUYS CAN HAVE A LOOK AT THOSE.
AND WITH THAT, I'LL TURN IT OVER TO CHRIS TO TALK ABOUT SOME OF THE SPECIFICS OF THE SIGN.
UM, OUR, OUR BIGGEST CHALLENGE HERE, RIGHT? WE HAVE 200,000 PEOPLE A DAY THAT DRIVE BY OUR LARGEST DONOR CENTER.
AND THE CHALLENGE WE HAVE IS NOBODY CAN REALLY SEE US, RIGHT? WE'RE ON A CURVE.
OUR BUILDING IS SET BACK A LITTLE OVER A HUNDRED FEET FROM THE BUILDING, AND WE'RE TRYING TO, UH, WE'RE ASKING FOR THIS VARIANCE TO GET OUR SIGN OUT FRONT THAT'S VISIBLE FROM, FROM BOTH DIRECTIONS OF THE FREEWAY.
UM, WE'VE GOT A NUMBER OF TREES ON OUR PROPERTY, UH, THAT KIND OF AFFECT THE VISIBILITY IN EACH DIRECTION.
I'LL HAVE A FEW MORE SLIDES THAT KINDA SHOW THE EFFECT OF THOSE BECAUSE WE DON'T, WE DON'T WANNA MESS WITH OUR TREES, UH, IF WE CAN ALL POSSIBLY NOT HAVE TO DO THAT.
UM, WE'VE TRIED MESSAGING BANNERS ON OUR BUILDING, VERY LARGE BANNERS ON OUR BUILDING, BUT IT JUST SET SO FAR BACK IN, IN THE CURVATURE OF THE ROAD, PEOPLE JUST CAN'T SEE IT.
SO WE'RE TRYING TO COME UP WITH AN EFFECTIVE WAY TO GET OUR MESSAGE OUT THERE AND HAVE IT VISIBLE, UH, FROM BOTH DIRECTIONS, UH, AS, AS DRIVERS PASS OUR BUILDING.
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UH, THE, THE OTHER, UH, ISSUE THAT WE'VE HAD, NOT JUST THE SETBACK FROM THE PROPERTY, UH, THE PROPERTY LINE, WE ALSO HAVE A, AN ADDITIONAL, UH, SAWS EASEMENT ON OUR PROPERTY.UH, WE HAVE A LETTER, UH, UH, AN ENCROACHMENT LETTER ALREADY SIGNED AN AGREEMENT IN PLACE WITH SAWS ALLOWING US TO ENCROACH ON THAT EASEMENT.
CAN YOU KIND OF GET A LITTLE CLOSER? SORRY.
YOU CAN LIFT IT UP IF YOU CAN.
AND, UH, AS I MENTIONED, WE, WE'VE ALREADY WORKED WITH SAWS AND THEY'VE RENTED US A, AN ENCROACHMENT TO A WATER EASEMENT ON OUR PROPERTY.
UM, SO REALLY THE, THE LAST PIECE WE HAVE IS, IS THE SETBACK VARIANCE THAT WE WANTED TO TALK ABOUT TODAY.
SO THIS WAS A LETTER OF SUPPORT FROM OUR NEIGHBOR, CREDIT HUMAN.
UH, IT'S JUST TO THE, UH, THE EAST OF US.
UM, THE OTHER PROPERTIES TO THE NORTH.
WE, WE ACTUALLY HAVE THE TWO LOTS TO THE NORTH OF US.
SO THE NEIGHBORS ON EACH SIDE ARE OUR, BASICALLY OURSELVES, UH, AND CREDIT HUMAN, UH, WHICH IS IN SUPPORT OF OUR, UH, SIGN AS WELL.
UH, THIS IS THE ENCROACHMENT AGREEMENT, UH, THAT'S BEEN EXECUTED WITH SAWS FOR THE, UH, UH, ENCROACHMENT ON THE WATER EASEMENT.
SO THIS IS A RENDERING OF WHERE OUR SIGN WOULD BE IF WE DON'T GET OUR EASEMENT.
GRANTED, IF YOU CAN SEE THERE'S TREES.
THIS IS, THIS IS, UH, HEADING, IS IT WEST, UH, NORTH ON I 10.
UH, FROM THE FRONTAGE ROAD, UH, WE'VE GOT OUR FLAG POLES THAT WOULD OBSTRUCT A SIGN AND A BANK OF TREES ON THE RIGHT THAT OBSTRUCT THE SIGN.
AND IF YOU GO TO THE NEXT SLIDE, IF WE HAVE THE, THE EASEMENT GRANTED, UH, AS YOU SEE, THE TREES AND FLAGPOLES WILL BE OUT OF THE WAY, UH, FROM, FROM THIS VANTAGE POINT.
SO THIS, THIS IS A RENDERING, UH, OF COMING FROM THE OPPOSITE DIRECTION.
IF YOU SEE THE RED ARROW IS WHERE DRIVERS WOULD FIRST GET SIGHT OF OUR SIGN, IF IT'S WITH, WITH NO VARIANCE APPROVED.
AND IF THE VARIANCE IS APPROVED.
THE YELLOW ARROW IS KINDA WHERE THE SITE, UH, LINE OF SIGHT, UH, BEGINS AS DRIVERS ARE COMING AROUND THE CURVE, UH, HEADING TO THE EAST.
UM, SO YOU CAN SEE THERE'S A, A, A, A DEFINITE DIFFERENCE ON VISIBILITY OF THE SIGN.
AND WITH THE RED LINE, UH, RIGHT WHEN THAT SIGN COMES INTO SITE, THE DRIVER'S ALREADY ON THE SIGN AND PROBABLY WON'T EVEN BE ABLE TO SEE WHAT'S ON THE SIGN AS THEY DRIVE BY.
SO WE'RE TRYING TO GET MAXIMUM, UH, VISIBILITY, UH, WITH THIS, UM, NEXT SLIDE.
SO WITH THAT, UM, JUST A FEW NOTES, UH, THAT I HAD WRITTEN DOWN.
UM, THE, THE DIFFERENCE BETWEEN WHERE THE SIGN WOULD BE WITH A VARIANCE AND WITHOUT A VARIANCE IS ABOUT 33 FEET.
SO WITH A VARIANCE, WE'RE ABLE TO GET 33 FEET CLOSER TO THE FRONTAGE ROAD.
UM, OUR PROPERTY LINE, GIVEN THE CURVE OF THE STREET THAT IT'S ON OUR PROPERTY LINE, IS ACTUALLY 55 FEET FROM THE FRONTAGE ROAD.
UH, JUST, JUST THE WAY THE LINE IS DRAWN AND WHERE THE EASEMENTS WERE.
SO IT'S ALREADY SET BACK QUITE A BIT.
AND I KNOW THERE'S, THERE'S MANY OTHER PROPERTIES THAT HAVE PROPERTY LINES MUCH CLOSER TO, UM, THE FRONTAGE ROAD.
SO WE DON'T, DON'T SEE THAT THIS WOULD GIVE US ANY REAL SPECIAL TREATMENT, UH, AS OPPOSED TO OTHERS.
'CAUSE WE'RE STILL 55 FEET OR SO FROM, FROM THE PROPERTY LINE.
UM, AS I SAID, YOU KNOW, WE, WE, WE WE'RE CHALLENGED WITH THE TOPOGRAPHY, WITH OUR TREES, UH, WITH THE CURVE OF THE ROAD AND THE EASEMENTS THAT WE HAVE.
UM, AND, AND WE'VE WORKED WITH THE CITY, UH, UH, YOU KNOW, TO REALLY UNDERSTAND WHAT OUR OPTIONS ARE.
UM, AS I SAY, WE'VE ALREADY MET WITH SAWS, WE'VE GOT THE AGREEMENT IN PLACE WITH THEM.
UH, THEY'RE, THEY'RE GOOD WITH THE, WITH THE, UH, ENCROACHMENT.
AND NOW WE JUST, YOU KNOW, UH, RESPECTFULLY REQUEST YOUR APPROVAL OF THIS VARIANCE, UH, TO LET US GET OUR SIGN WHERE, WHERE WE HOPE PEOPLE CAN SEE IT.
UM, I'M GOING TO START OFF WITH SOME QUESTIONS.
SO YOU HAD MENTIONED IT WAS 33 FEET DIFFERENCE, BUT YOUR VARIANCE IS FOR NINE FEET? NO, NO.
IF, IF THE VARIANCE IS NOT APPROVED WHERE THE WATER, WHERE THE WATER EASEMENT IS, WE WOULD HAVE TO BE ON THE OTHER SIDE BECAUSE THERE'S A WATER LINE.
I BELIEVE THAT RUNS THROUGH THERE.
SO THE ONLY PLA THE, WE WOULD BE ON THE OTHER SIDE OF THE WATER EASEMENT, WHICH IS LIKE 33 FEET BACK.
SO YOUR ENCROACHMENT AGREEMENT WITH SAWS IS DEPENDING ON YOU BEING CLOSER, I'M SORRY, TO THE PROPERTY LINE BECAUSE OF WHERE THE WATER LINE ACTUALLY LIES IN THE GROUND.
AND I'VE GOT, WE, I'VE GOT WES PUTMAN FROM BUDGET SIGNS HERE WHO'S BEEN WORKING WITH THE CITY, SO HE MIGHT BE ABLE TO DESCRIBE THAT A LITTLE BETTER.
WES PUTMAN BUDGET SIGNS, UM, WHERE THE WATER LINE, IF, IF WE, IF WE UTILIZED AND, AND MET THE 10 FOOT SETBACK WHERE THE SIGN WOULD HAVE TO BE DRILLED WOULD BE RIGHT ON TOP OF THE ACTUAL WATER LINE.
SO IN ORDER TO CLEAR THE WATER LINE, WE NEEDED TO MOVE NINE FEET AWAY.
SO THAT SAWS WILL ALLOW US TO, TO DRILL NEXT TO THE WATER EASEMENT AND THE SIGN WILL OVERHANG THE EASEMENT.
SO LET'S PAINT A PICTURE FOR THE COMMISSION.
SO YOU HAVE A PROPERTY LINE? MM-HMM?
SO THE, YOU HAVE, YOU HAVE THE, THE, THE PROPERTY LINE, THEN YOU HAVE A 1516 FOOT BUFFER, AND THEN THE, THEN THE WATER EASEMENT IS INSIDE THE PROPERTY AN ADDITIONAL 15 FEET.
SO YOU'RE ATTEMPTING, YOU WANT, YOU'RE WANTING TO PUT THE SIGN SUCH THAT THE POST IS OUTSIDE OF THE WATER EASEMENT, BUT THE OVERHANG IS OVER THE WATER.
AND THAT'S FACING BACK TOWARDS THE BUILDING.
AND IS, AND WITH THAT OVERHANG,
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THAT BRINGS US UP TO ALMOST TO THE PROPERTY.ARE THERE ANY OTHER UTILITIES? UH, USUALLY YOU SEE CPS, UH, ABUTTING A HIGHWAY OR SOMETHING.
NO, NO, THERE'S NOT THAT, THAT'S CORRECT.
THAT THAT'S ALL ON ANOTHER PROPERTY.
IS THERE ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? COMMISSIONER Z? AND WE'RE NOT SEEKING ANY VARIANCE FOR ANY HEIGHT VARIANCE OR NO, WE'RE ACTUALLY GIVING UP HEIGHT.
WE'RE ACTUALLY GIVING UP 15 FEET AND 150 SQUARE FEET, WHICH YOU WOULD'VE OTHERWISE ALLOWED WITHIN THE, THAT'S CORRECT.
AND THEN NANA, I, I APPRECIATE YOUR DESIRE TO, EXCUSE ME, TO HAVE THE VISIBILITY YOU NEED AND PRESERVE THE TREES AND THE LANDSCAPING.
BUT I WONDER WHETHER YOU REALLY NEED THE WHOLE NINE FEET.
UH, YOU KNOW, I, I'M AMENABLE TO SOME VARIANCE, BUT I THINK NINE FEET MAYBE MORE THAN THAN YOU REALLY NEED.
THE REASON WHY WE NEED THE NINE FEET, SIR, IS IF WE TRY TO SET THE POLE ANY FURTHER BACK, WE'RE ON TOP OF THE ACTUAL PHYSICAL WATER LINE.
THERE IS A BURIED WATER LINE THERE.
SO IN ORDER TO MISS THAT, THAT PUTS THE SIGN VIRTUALLY A FOOT AWAY FROM THE PROPERTY LINE.
WELL, SO HOW COMMISSIONER MANOR? YEAH.
QUESTION FOR STAFF, I GUESS IS, UM, THE POLE, IS THAT WHAT'S BEING MEASURED, UM, WITH REGARDS TO THE DISTANCE VERSUS THE ACTUAL SIGN FACE? THE SIGN FACING? SO IT'S A POLE WHERE THE POLE IS SUNK IN THE GROUND, IS THAT CORRECT? CORRECT.
UM, IT'S ACTUALLY THE POLE WHERE, WHERE THAT THEY'RE ASKING FOR THE VARIANCE FOR, BECAUSE THEY'RE ALREADY GONNA OVERHANG INTO THE SAW EASEMENT AND THAT'S WHY THEY HAVE TO GET THE ENCROACHMENT AGREEMENT.
BUT I'M JUST TRYING TO UNDERSTAND, YOU KNOW, I'VE SEEN POLES OR SEEN SIGNS AROUND SAN ANTONIO WHERE THERE OFF THE POLE IS BASICALLY ON ONE SIDE OF IT AND THE ENTIRE SIGN IS BASICALLY CANTILEVERED OVER TO THE OTHER, YOU KNOW, YOU KNOW, ONTO ONE SIDE AND NOT NECESSARILY CENTERED.
AND SO, SO THAT'S WHY I WAS ASKING ABOUT THE POLE ITSELF.
UM, YOU KNOW, SO TRYING TO UNDERSTAND THAT WHY IT IS THAT, UM, HE CAN'T BE CLOSER.
UM, YOU KNOW, IF IT IS THAT IT BE CANTILEVERED, YOU KNOW, ENTIRELY OVER THE OTHER SIDE.
SO, SO, YOU KNOW, WHERE ARE WE MEASURING, I GUESS THAT, UM, THAT OVERHANG? YEAH.
SO THE, THE STRUCTURE ITSELF, UM, IT CAN BE CANTILEVERED, BUT ONCE YOU START TO CAN, IF YOU'RE, IF YOU'RE NOT SETTING, GETTING THE ENCROACHMENT, THEN THE CANTILEVER IS NOW PUTTING IT BACK TOWARDS THE TREES.
SO IT'S BASICALLY YOU'VE WE'RE, WE'RE THE IT CAN BE CANTILEVERED.
UM, IF YOU WANT TO IT, WE, WE NEED TO STILL BE ABLE TO ENCROACH INTO THAT SETBACK.
I THINK I KNOW WHAT'S BEING ASKED HERE.
SO HOW, HOW WIDE IS THIS SIGN? THIS SIGN IS 31 FEET WIDE.
SO THE POLE'S IN THE MIDDLE, THE POLE'S, POLE'S BASICALLY 15 FEET.
AND YOU'RE PUTTING THE EDGE OF THE SIDE ONE FOOT AWAY FROM THE PROPERTY LINE.
WHICH PUTS THE POLES 16 FEET AWAY FROM THE PROPERTY.
AND THAT'S, SO IF HE CANTILEVERS IT, HE'D ALMOST HAVE TO HAVE THE, THE POLE EVEN CLOSER.
I MEAN, I GUESS IT WOULDN'T MATTER 'CAUSE IT, YOU'RE, YOU'RE ONE, THE ONE FOOT VARIANCE IS MEASURED TO ANY PART OF THE SIGN.
IT'S, IT'S TO THE LEADING EDGE.
THE LEADING, YEAH, IT'S THE LEADING EDGE OF THE SIGN.
AND THEN IT GOES JUST BASICALLY BACK TO DESIGN LOOK YEAH.
SO, UM, AND SO THEN WITH REGARDS TO, YOU KNOW, I DON'T KNOW THAT WE CAN SET ANY REQUIREMENTS WITH REGARDS TO THE SIGN WHAT'S, WHAT'S PERMITTED.
UM, YOU KNOW, AND SO, SO WHAT THEY'RE SUGGESTING, UM, TO BE DONE ISN'T NECESSARILY BEING REGULARLY BY WHAT WE WOULD BE APPROVING, CORRECT.
SO, WELL, I I, I ALSO WANTED TO, TO ASK, WE HEAR, WE HEAR TALK OF, OF BUFFERS OR LANDSCAPE.
IS THIS, IS THIS OVER AN, UH, THIS ISN'T A CORRIDOR DISTRICT.
INTERSTATE CORRIDOR DISTRICT, RIGHT? NO.
ON, ON THE, I'M HAVING TROUBLE BRINGING UP THE ONE STOP MAP, SO IT'S HARD FOR ME TO SEE SOME OF THIS STUFF.
BUT ON, ON THE, WHAT WAS AVAILABLE FROM THE CITY? IT, IT JUST SAID IT WAS COMMERCIAL ZONING AND NOT, I DIDN'T SEE THERE.
OUTSIDE A CORRIDOR STARTS A LITTLE BIT NORTH.
IT'S JUST A REGULAR EXPRESSWAY.
SO WHAT SORT OF, UH, LANDSCAPING SETBACKS ARE, ARE, ARE THERE ANY BUFFER LANDSCAPE BUFFERS? UH, FOR THE SITE? NOT FOR A SIGN.
NO, BUT FOR THE SI LIKE IS THERE ANY, THERE'S NO INFRINGEMENT ON ANY LANDSCAPING BUFFERS OR ANYTHING.
SO THIS, YEAH, THE SIGN IS NOT GONNA INFRINGE IF IT'S WITHIN A BUFFER.
JUST WANTED TO PUT THAT OUT THERE.
UH, ANY OTHER COMMISSIONER QUESTIONS? UH, HEARING NONE, UM, IT, IT WOULD BE HELPFUL TO ME IF YOU COULD BRING UP THE ONE STOP MAP, BECAUSE ONE THING I'M SEEING FROM THE MAP THAT'S ON THE SCREEN RIGHT NOW, AND THIS WAS A COMMENT THAT WAS MADE BY THE APPLICANT BECAUSE OF THE CURVE OF THE HIGHWAY, IT LOOKS LIKE THEY FROM THEIR PROPERTY LINE TO THE HIGHWAY THAN OTHER PEOPLE DO.
BUT ALL I CAN REALLY TELL IS JUST THE, THE PEOPLE ON EITHER SIDE OF THEM.
AND IT JUST SEEMED, I WAS JUST WONDERING, YOU KNOW, HOW WHAT SORT OF A HARDSHIP
[00:30:01]
THAT IS JUST FOR THEM THAT ISN'T, ISN'T IMPOSED ON OTHER PEOPLE.SHE'S BRINGING UP THE MAP RIGHT NOW, SO IF YOU JUST GIVE US A MOMENT, PLEASE.
IS THERE ANY, UH, BUDDY SENATOR TO SPEAK OR ANY VOICEMAILS? THERE'S NO PUBLIC COMMENT.
I WHOLE INTERNET'S RIGHT? I MEAN, I CAN TAKE THE, THE IMAGERY THAT YOU HAVE, BUT I'M, I, I DON'T KNOW IF THE INTERNET'S REALLY DRAGGING TODAY, BUT I JUST, I JUST CAN'T GET IT TO OPEN.
SEE IF YOU CAN OPEN UP JUST A REGULAR AERIAL VIEW.
UM, IT MIGHT BE THE ACTUAL, IT, IT DOESN'T SHOW THE PROPERTY LINES, BUT IT'S, I MEAN, IT, IT'S APPARENT ON WHAT IS IN FRONT OF ME THAT THERE IS A, A, A MAJOR DIFFERENCE BETWEEN SOME OF THE SURROUNDING PROPERTIES AS FAR AS THE DISTANCE FROM THEIR PROPERTY TO THE, TO THE INTERSTATE.
SO, SO I DO HAVE ACCESS TO ONE STOP AND IT IS, LIKE THEY SAID, AN APPROXIMATELY FROM THE FURTHEST POINT OF THAT CURVATURE FROM THE FRONTAGE ROAD TO THEIR PROPERTY LINE.
UM, I'VE GOT APPROXIMATELY, I'VE GOT APPROXIMATELY 50 TO 60 FEET AND EVERYONE ELSE MIGHT ONLY HAVE LIKE 15, MAYBE 20.
THEY LOOK AS, AS THE HIGHWAY STRAIGHTENS OUT, AS IT STRAIGHTENS OUT, IT IS APPROXIMATELY, APPROXIMATELY 30 FEET.
JUST, I JUST WANTED TO, I JUST WANTED TO UNDERSTAND THAT.
SO WE'RE TALKING ABOUT A DIFFERENCE OF 20 TO 30 FEET.
ALRIGHT, SO IF THERE'S ANY OTHER QUESTIONS, UM, WE CAN MOVE ON TO A MOTION.
HEARING NONE, WELL, WE'LL SEE HOW THIS TURNS OUT.
I'M LOOKING FOR A MOTION PLEASE.
COMMISSIONER ZUNA REGARDING CASE NUMBER BO A DASH 24 DASH 0 3 0 0 7 1, I MOVE THAT THE BOARD OF ADJUST REQUEST FOR A NINE FOOT VARIANCE FROM THE MINIMUM 10 FOOT STEP BACK TO ALLOW A SIGN WITH ONE FOOT FRONT SETBACK SITUATED AT 62 11 INTERSTATE 10 WEST.
APPLICANT BEING BIO BRIDGE GLOBAL BECAUSE OF TESTIMONY PRE-DETERMINED PROPERTY SUCH NOT NECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE THE VARIANCE IS NOT, IS NECESSARY, UH, BECAUSE STRICT ENFORCEMENT OF THIS ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNS ON THE SITE.
CONSIDERING THE UNIQUE FEATURES OF A SITE SUCH AS DIMENSIONS LAW, SUCH AS DIMENSIONS, LANDSCAPES, OR TOPOGRAPHY, UH, IS NECESSARY BECAUSE STRICT ENFORCEMENT OF THIS ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNS ON THE SITE.
SUCH AS, SUCH AS THE, UH, CURVE ON THIS EXPRESSWAY.
THREE, AFTER SEEKING ONE OR MORE OF THE FINDINGS, AFTER SEEKING ONE OR MORE OF THE FINDINGS SET FORTH IN SUB PARAGRAPHS ONE AND TWO, THE BOARD FINDS THAT ONE FINDS THAT A GRANTING THE VARIANCE DOES NOT PROVIDE THE APPLICANT WITH A SPECIAL PRIVILEGE, NOT ENJOYED BY SIMILARLY SITUATED OR POTENTIALLY SIMILARLY SITUATED.
THE PROPOSED DECIDE DOES NOT APPEAR TO PROVIDE A SPECIAL PRIVILEGE, WILL NOT IMPEDE THE VISION OF COMMUTERS ALONG INTERSTATE 10.
WEST B GRANTING THE VARIANCE WILL NOT HAVE A SUBSTANTIALLY ADVERSE IMPACT ON NEIGHBORING PROPERTIES.
PROPOSED VARIANCE WILL NOT HAVE THE SUBSTANTIALLY ADVERSE IMPACT ON NEIGHBOR PROPERTIES.
THEY WILL NOT IMPEDE ANY OTHER SIGNS IN THE AREA AND SEE GRANTING THE VARIANCE WILL NOT SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSE OF THIS ARTICLE.
A SIGN ONE, ONE FOOT FROM THE FRONT SETBACK WILL NOT IMPEDE THE, UH, ON NEIGHBORING PROPERTIES ALONG STATE 10 WEST.
SECOND BY COMMISSIONER BREGMAN.
SO I WILL BE IN SUPPORT OF THE, UH, MOTION AS READ.
UH, THE MOST IMPACTED NEIGHBOR PROVIDED LETTERS OF SUPPORT.
WE SAW FULL COMMUNITY SUPPORT LETTERS WITHIN THE, UH, INDUSTRY THEY SERVE WITH THE, UH, MAJOR HOSPITAL SYSTEMS. UH, WE DIDN'T SEE ANY OPPOSITION OF, UH, THROUGH OF VOICEMAILS OR, UM, OR EMAILS OR LETTERS.
UM, THE DISTANCE AWAY, WHICH IS, UH, 55 FEET FROM THE SERVICE ROAD AS INDICATED, PROVIDES I BELIEVE THE ADEQUATE SPACE AND, UH, SPACE FOR THE SIGN.
AND GIVEN THAT THE SIGN AS THEY'RE PROPOSING WOULD BE LESS THAN THE HEIGHT AND THE SQUARE FOOTAGE THAT THEY OTHERWISE WOULD'VE BEEN ALLOWED IF THEY HAD MET THE, UH, VARIANCE SETBACK, I THINK PROVIDES ADEQUATE, UM, COMPENSATION FOR WHAT THEY'RE REQUESTING HERE.
COMMISSIONER BRAGMAN, I AGREE WITH MY COLLEAGUE.
I'LL ALSO BE IN SUPPORT OF THE MOTION.
AND, UH, I JUST HAVE A QUICK QUESTION.
UH, FOR STAFF, THEY'RE NOT ALLOWED TO ADVERTISE, USE THIS AS A BILLBOARD, RIGHT? IT'S ONLY FOR THEIR BUSINESS.
UM, THEN THE SOUND DEPARTMENT CAN CLARIFY THAT? THAT'S CORRECT.
IS THAT WHAT, IS THERE ANY COMMISSIONERS WOULD LIKE TO ADD TO THE CONVERSATION? UH, HEARING NONE, LET'S HAVE A ROLL CALL.
COMMISSIONER UNA? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACTS.
COMMISSIONER BURTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
[00:35:01]
EZ? I CONCUR.I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER VASQUEZ? I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
ITEM NUMBER SEVEN, UH, BO OA 24 1 0 3 0 0 0 7 2.
LOCATED AT NINE 20 SOUTHEAST MILITARY DRIVE IN DISTRICT THREE.
UH, IT'S A FOUR 15 FOOT VARI FROM THE MAXIMUM 40 FOOT HEIGHT TO ALLOW A 55 FOOT SIGN HEIGHT, A 10 SQUARE FOOT VARIANT FOR THE MAXIMUM 240 SQUARE FEET TO ALLOW 250 SQUARE FOOT SIGN AND AN 88 FOOT VARI FROM THE MINIMUM 150 FOOT DISTANCE TO ALLOW TWO SIGNS TO BE 62 FEET APART.
S PROPERTY IS LOCATED ALONG SOUTHEAST MILITARY, WEST ROOSEVELT, LOCATED ON THE MISSION SAN JUAN NEIGHBORHOODS, UH, ASSOCIATION.
THE SIGN IN QUESTION WAS ORIGINALLY A NON-CONFORMING SIGN.
HOWEVER, THE CABINET WAS FULLY REMOVED IN 2019 AND THE SIGN LOSS, NON-CONFORMING RIGHTS AND NOW MUST MEET CURRENT CODE.
FURTHERMORE, THE SIGN WAS INSTALLED WITHOUT PERMITS.
THE SIGN, UH, LIMITS FOR THE AERIAL A MATERIAL A ROAD ARE 40 FEET IN HEIGHT, 240 SQUARE FEET.
THE PROPOSED SIGN IS 55 FEET IN HEIGHT AND 250 SQUARE FEET.
ADDITIONALLY, THE PROPOSED SIGN DOES NOT MEET THE SPACE IN BETWEEN SIGNS OF 150 FEET.
THE SIGN IS ONLY 62 FEET APART.
SO THE NUMBER ONE IS WHERE THE SIGN IN QUESTION IS, UH, FOR THE, UH, HEIGHT AND THE, UH, SIZE, THE A HUNDRED FOOT, THE 150 FOOT SEPARATION, THERE'S A SECONDARY SIGN WHERE YOU SEE THAT STAR.
THEY'RE SUPPOSED TO HAVE 150 FEET SEPARATION MEASURED ON THE ROAD, AND THEY ONLY HAVE 62 FEET AND SUBJECT PROPERTY.
AND BO O 8 24 1 0 3 0 0 0 72 BASED ON THE FOLLOWING FINDINGS OF FACTS, THE SIGN LOSS IS NONCONFORMING STATUS 2019 AND VARIANCES WILL ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD.
13 NOTICES WERE MAILED OUT, NONE IN FAVOR OR OPPOSITION OR RECEIVED AND NOR RESPONSE FROM ADMISSION.
SAN JUAN NEIGHBORHOOD ASSOCIATION.
AND THIS CONCLUDES STAFF'S PRESENTATION.
UM, I NORMALLY, I'D WANNA HEAR FROM THE APPLICANT FIRST, BUT THIS ONE HAS A COUPLE CLARIFICATION ISSUES PERHAPS ASSIGNED AS PART OF THE STAFF APPLICATION.
CAN YOU, UM, POINT OUT HOW THE 62 FOOT MEASUREMENT IT LOOKS LIKE? THE SECOND SIGN IS, IS ON A DIFFERENT STREET FRONTAGE, AND I WAS CON CONFIRM, THEY'RE BOTH ON MILITARY DRIVE, SO WE GO LINEAR FEET, SO IT'S GONNA COME FORWARD AND GOES ON MILITARY DRIVE.
SO WHERE THE NUMBER ONE IS THAT? SO WHERE YOU MEASURED RIGHT ACROSS.
THAT'S HOW WE WOULD MEASURE THAT.
BUT THAT SIGN IS IS IS BELOW THE, I MEAN IT'S OFF OF CURTIS STREET THOUGH.
OFF OF CURTIS STREET? NO, CURTIS, NO IT'S NOT.
WE'RE MEASURING ON, IT'S ACTUALLY IN THE PROPERTY.
SO THAT WE'RE THE ONE WITH THE, IT'S, THERE'S ANOTHER PROPERTY NEXT TO IT.
IS THAT WHERE THE SIGN, IT'S IT, SO IT'S NOT A DIFFERENT FRONTAGE.
SO IT'S THAT WHAT WHERE THAT, OKAY, I'M, I'M REALLY CONFUSED ABOUT, EVEN THOUGH THE SIGN IS NOT, UM, PARALLEL TO EACH OTHER, IT WHEREVER IT IS ON THE PROPERTY, THAT'S WHERE IT'S MEASURED FROM THE FRONT OF THE PROPERTY LINE AND THEN ACROSS RIGHT.
AND THE STREET, THIS, UH, PROPERTY ONLY HAS ONE STREET FRONTAGE, WHICH IS MILITARY DRIVE.
IS THERE A, A POINTER THAT THE TEAM HAS UP THERE? YEAH.
'CAUSE ON THE AREA IT LOOKS LIKE THERE'S A, THEY HAVE A DRIVEWAY THAT GOES ON TO CURTIS THAT SERVES THE RESTAURANT.
YEAH, THERE'S A DRIVEWAY ON THE SIDE, BUT THE FRONT EDGE IS STILL ON SOUTHWEST MILITARY.
YEAH, THE PROPERTY'S KIND OF LIKE, IT'S LIKE HERE OR SOMETHING.
SO, BUT THE, AND JUST JUST SO I'M CLEAR.
SO REGARDLESS OF THE SIZE OF PIECE OF PROPERTY, ALL SIGNS ARE ONLY ON THE SIDE.
THE THE FRONTAGE IT'S ADDRESSED ON, NOT NECESSARILY.
'CAUSE IF YOU HAVE FRONTAGES, IF YOU HAVE TWO, IF YOU HAVE TWO FRONTAGES, THEN YOU WOULD BE ALLOWED TWO SIGNS.
SO WHAT CONSTITUTES A SECOND FRONTAGE? A STREET.
THIS DOES NOT HAVE STREET FRONTAGE.
SO CURTIS STREET IS NOT A STREET.
IT IS, BUT IT DOESN'T, THE PROPERTY DOES NOT HAVE FRONTAGE TO CURTIS STREET.
IS IT ALSO INCLUDING THE BUILDING? SO IF THE BUILDING WAS FACING TWO SEPARATE WAYS? NO, NO, WE DON'T LOOK AT IT.
[00:40:01]
CONFUSED ABOUT HOW PROBABLY THE PICTURE, SOME PLACES GONNA HAVE TWO FRONTAGES, PROBABLY A GOOGLE PICTURE WOULD BE A BETTER, I DO KNOW SOME LOTS HAVE DOUBLE FRINGE IF THEY HAVE LIKE TWO DIFFERENT SUITES OR TWO DIFFERENT BUILDINGS.SO THAT WOULD'VE, THAT WOULD BE SOMETHING I COULD, I COULD PUT A GRASP ON.
'CAUSE WHEN I SAW THIS PICTURE, THE FIRST THING I THOUGHT OF WAS THAT THEY HAVE, THEY'RE ON A CORNER LOT.
THEY GOT TWO STREETS, RIGHT? NO.
ALRIGHT, I WANTED TO GET THAT CLARIFIED.
CAN I HEAR FROM THE APPLICANT? GOOD AFTERNOON EVERYBODY.
I'M THE OWNER OF THE PROPERTY.
UH, WHEN I BOUGHT THE PROPERTY IN 2019, THE SIGN WAS EXISTING THERE, SO WE JUST REPHRASED THE SIGN.
SO IT USED TO BE A TACO CABANA.
SO AS YOU CAN SEE ON THE SIGN, WE USED THE SAME PHASES.
UH, AT THE TIME IT WAS COVID, SO I DON'T KNOW IF THAT GUY PULLED OUT PER OR NOT.
WE HIRED A MALE SIGNS TO DO THE JOB AND THEN IN 2023 WE JUST STARTED GETTING A TICKET FOR $300 WITHOUT ANY NOTICES.
AND THEN ONE FOR $500 AND THEN TELL US WE NEED TO HIRE A, A, A COMPANY WITH LICENSE.
SO THAT'S WHY WE HIRE NEON SIGNS TO START WORKING ON THE SIGN.
SO THAT'S ALL WE LOOKING FOR THAT.
SO THIS IS ONE OF THOSE ISSUES WHERE THEY WERE, ONCE YOU TAKE THE CABINET OFF THE CITY DEEMS IT HAD BEEN DESTROYED, I ASSUME, AND THEREFORE THERE'S NO IN NONCONFORMING RIGHTS.
THE SIGN DEPARTMENT LOOKED AT THE OLD SIGN IN RETROSPECT TO NEW SIGN AND DETERMINED, UM, THEY WENT OVER THE, UH, REQUIREMENT TO KEEP THAT NON-CONFORMING.
ANY COMMISSIONER QUESTIONS? UNA COMMISSIONER UNA, REGARDING THE STATEMENT THAT IT WAS BUILT WITHOUT PERMITS.
SO THAT WAS BEFORE YOUR OWNERSHIP OF THE PROPERTY OR WHEN WAS THE, THE SIGN PUT IN WITHOUT THE PERMITS? THAT WAS BEFORE.
SO, OKAY, SO IT WAS NON PERMITTED AND YOU JUST BOUGHT IT KIND OF AN INNOCENT OWNER.
YOU DIDN'T KNOW THAT THE BILL, THE SIGN HAD BEEN BUILT WITHOUT THE PERMITS.
COMMISSIONER MAY, SO, SO I'M TRYING TO UNDERSTAND FROM THE CITY'S, OKAY, SO WE HAVE THIS, THE NONCONFORMING SIGN, UH, OR THE, THE SIGN WITH THE CABINET TAKEN OFF AND THEN WE HAD THE NEW POLE PUT UP THAT WAS, UM, THAT WASN'T SEPARATED ENOUGH IF I UNDERSTOOD CORRECTLY.
AND SO, SO WAS THE SECOND SIGN PERMITTED? UM, AND UH, THAT'S CURRENTLY, UH, DIRECTLY OFF OF, OF MILITARY OR, OR YOU KNOW, JUST TRYING TO UNDERSTAND THE DIFFERENCE BETWEEN THOSE TWO.
RIGHT? I DON'T, WELL WE DIDN'T DO A NON-CONFORMING, SO THEY DIDN'T OFFICIALLY APPLY FOR A NON-CONFORMING.
SO WE DIDN'T DO THAT RESEARCH.
I DON'T KNOW THAT 150 FOOT RULE WAS IN PLACE WHEN THEY BUILT THE TWO SIGNS.
THAT'S SOMETHING THAT WE WOULD'VE RESEARCHED IF THERE WAS A NON-CONFORMING.
BUT THE FACT THAT THE CABINET WAS, UM, REPLACED ENOUGH, IT WOULDN'T, THE NOT PERFORMING DIDN'T MAKE SENSE TO GO FORWARD.
BUT THE SECOND SIGN WAS PERMITTED THEN? UH, THAT IS ON DIRECTLY.
YOU CAN HAVE THE SIGN TEAM RESPOND TO THAT.
NO, WHEN, DO YOU MIND IF HE GETS TO THE PODIUM? NO, THANK YOU.
NO, THE SECOND SIGN WAS NOT PERMITTED.
SO WHEN THEY, THE CABINET CAME DOWN, IT WENT UP WITHOUT A PERMIT.
AND SO THAT WAS, THAT WAS A TALLER SIGN? THAT WAS CORRECT.
THE ORIGINAL AND THEN THE SECOND SIGN CAME UP AND THEN WITHOUT A PERMIT.
AND JUST FOR MY OWN, UH, INFORMATION HERE, THE PERMITTING PROCESS WOULD ALSO REQUIRE LIKE AN ENGINEERING REPORTS TO MAKE SURE THAT THE, THE POLE THAT'S BEING BUILT IS WIND AND ENGINEERED SO THAT IT'S NOT GONNA FALL DOWN, RIGHT? CORRECT.
AND SO IT WAS DONE WITHOUT A PERMIT, RIGHT? CORRECT.
THANK YOU COMMISSIONER BARRINGTON.
YEAH, I, I APPRECIATE YOU NEED FOR A SECOND SIGN AND THE DISTANCE IS NOT A PROBLEM TO ME, BUT I HAVEN'T HEARD A CLEAR EXPLANATION OF WHY YOU NEED THE GREATER HEIGHT AND AREA FOR THAT SIGN.
OKAY, LET ME UH, CLEAR A, A COUPLE OF THINGS.
I'M THE SIGN COMPANY FOR MR. JUAN PAOLO.
AND UH, WHEN HE CAME TO ME, HE GOT NOTICE FROM THE CITY THAT HE GOT ASSIGNED WITH NO PERMIT.
SO I WENT AND I KNOW THE REQUIREMENTS.
SO I DID THE APPLICATION, I DID THE ENGINEERING, I GOT IT RIGHT HERE.
AND THEN THEY TOLD ME THAT I HAVE A PROBLEM.
THEY TOOK A LITTLE WHILE TO COMMUNICATE WITH ME AND THEN I SUBMITTED ME MY APPLICATION AND THEN HE GOT A TICKET.
'CAUSE HE SAY THAT HE HASN'T APPLIED FOR THE PERMIT FOR $300.
AND THEN I CALLED MR. EDWARD AND I SAY, WHAT'S GOING ON? 'CAUSE I GIVE YOU THE PAPERWORK.
AND UH, HE SAY, WELL, UH, YOU GOTTA SIGN THE, THAT IS NOT REQUIRED.
[00:45:01]
DOWN THE SIGN.AND I SAID, WELL, WHEN MY CLIENT BOUGHT THE BUILDING, THE SIGN WAS ALREADY THERE.
AND THEY JUST PUT THE SIGN IN THERE, UH, USING THE EXISTING STRUCTURE.
AND THEN HE SAID, WELL NOW YOU GOT A PROBLEM.
YOU GOT ANOTHER SIGN IN THE FRONT.
THE, I SAID, I'M GONNA TAKE IT OFF.
THE SIGN IS NO LONGER WORKING.
AND THEN HE SAID, WELL YOU GOTTA SEND ME A LETTER THROUGH EMAIL.
AND I DID SEND THE LETTER THAT WE'RE GONNA TAKE DOWN THE SIGN.
AND UH, SO THAT'S WHY WE WANNA, THAT WAY THE PEOPLE CAN SEE HIS, HIS BUILDING, YOU KNOW, THAT'S WHY THE SIGN IS THERE.
THAT'S WHY TACO CABANA USE THE HEIGHT TO BETTER VIEW FOR THE CLIENTS AND EVERYTHING.
SO, AND WE GOT THE ENGINEERING, THE SIGN IS SECURE AND EVERYTHING IS, BUT WHY DO YOU NEED 55 FEET INSTEAD OF 40 FEET? WELL, THE REASON WE DID IT LIKE THAT, WELL HE DID IT LIKE THAT IS 'CAUSE THE SIGN WAS ALREADY THERE.
SO HE DIDN'T KNOW THAT THERE WAS UNCON CONFORM SIGN OR NOTHING LIKE THAT.
SO TO BE CLEAR, WHEN, WHEN, WHEN YOU CAN COME UP, WHEN YOU PURCHASED THE PROPERTY, BOTH SIGN POLES WERE THERE.
AND THEN AFTER YOU PURCHASED THE PROPERTY, YOU, YOU, YOU SOLELY REMOVED THE CANOPY TO REPLACE IT WITH YOUR SIGN.
AND THEN THE STATEMENT, UH, FROM YOUR SIGN CONTRACTOR THAT YOU WERE GOING TO REMOVE THE SECOND SIGN.
IS THAT STILL BEING DONE? UH, WE HAVEN'T REMOVED THE SIGN, BUT LIKE IT IS A ISSUE.
THE ONE ARE YOU SPEAKING TO THE MICROPHONE, SIR? OH, UH, WE CAN REMOVE THE SIGN WHERE YOU, WHERE YOU SHOW AT THE STAR.
BUT THE BIGGER SIGN, UH, I I KNOW THE HIGH WE, WE JUST USED BECAUSE IT, THE POLE WAS THERE ALREADY.
YOU KNOW, WE DON'T, OKAY, SO BECAUSE WHAT HAPPENS IS THIS COMMISSION HAS, HAS, UH, THREE VARIANCES THAT ARE, THAT ARE PART OF YOUR REQUEST.
UH, IF A COMMISSIONER WHO READS THE MOTION DECIDES NOT TO READ THE ONE ABOUT THE SIGNED DIFFERENCE, THEN REMOVING THE SIGN WOULD MAKE THAT GO AWAY? I WOULD, I ASSUME THAT'S CORRECT.
UM, AS FAR AS THE HEIGHT GOES, YOU'RE, YOU'RE STATING THAT YOU, YOU YOU'RE ONLY ASKING FOR THE HEIGHT BECAUSE THAT'S WHAT WAS ALREADY THERE.
IS SO FOR THE SIGN CONTRACTOR, IF YOU WERE TO REDUCE THE HEIGHT, IS IT A, DO YOU HAVE TO STRUCTURALLY REBUILD THE SIGN OR CAN YOU JUST CROP THE POLE? NO, WE'RE GONNA HAVE TO, WE'RE GONNA HAVE TO REDO EVERYTHING.
THAT WAY EVERYTHING GOES WITH THE ENGINEERING.
AND AS FAR AS, AND AS FAR AS THE UM, THE 10 SQUARE FOOT VARIANCE, I MEAN 10 SQUARE FEET IS, IS THERE ANYTHING YOU CAN DO TO JUST MAKE TO, TO NOT NEED THE 10 SQUARE FEET? OR IS THAT, UH, SOMETHING THAT IS, WELL, LIKE YOU SEE, WE'RE GONNA HAVE TO REDO THE SIGN.
SO IF THE VARIANCE FOR THE 10 SQUARE FEET WEREN'T INCLUDED, IS THAT GONNA BE A HINDRANCE TO YOUR USE OF THE EXISTING POLE? YEAH.
'CAUSE IT IS GONNA COST HIM A LOT OF MONEY.
'CAUSE WE'RE GONNA HAVE TO REMOVE THE SIGN AND MAKE THE MODIFICATIONS AND THEN GO PUT IT BACK UP AND IT'S GONNA COST HIM A LOT.
I JUST WANNA MAKE SURE THE COMMISSION UNDERSTANDS WHAT YOU COULD LIVE WITH, WHAT YOU COULDN'T LIVE WITH AND, AND ANY REASONS WHY.
THAT'S WHAT WE'RE, WE'RE TRYING TO HEAR HARDSHIP WE'RE TRYING TO HEAR.
YOU KNOW, SO REALLY YOU, WHAT YOUR STATEMENT IS, IS THAT YOUR HARDSHIP IS THAT THE, YOU HAVE A, AN EXISTING SIGNPOST THAT YOU'RE JUST TRYING TO REUSE AND YOU DON'T WANT TO MAKE ANY CHANGES SO YOU DON'T HAVE TO RECONSTRUCT.
THAT'D BE PERFECT FOR HIM, MAN.
SO, SO I'M TRYING TO UNDERSTAND NUMBER THREE.
UM, BUT THE 88 VARIANCE ON THE, UM, TO ALLOW TWO SIGNS, I'M LOOKING AT GOOGLE STREETS FROM 2022 AND THERE'S NO SECOND SIGN THERE ON THE PROPERTY.
AND SO, SO I THOUGHT I HEARD THAT THE SIGN EXISTED.
UM, WHEN YOU BOUGHT THE PROPERTY, THE FIRST SIGN, THE CALL SIGN DID YES.
AND THAT SIGN WAS AT, IT WAS THERE, UH, THEY JUST HAVE A LITTLE DIGITAL BOARD THAT'S NOT EVEN WORKING NO MORE.
NOT THE SMALL, GOTTA GO TOWARDS MILITARY ON THE CORNER OF THE BUILDING.
AND THEN, AND THEN THE QUESTION JUST, UH, FOR THE CLARIFICATION, SO, SO DO WE KNOW WHAT THE HEIGHT, SO IT'S GOT THE, ON THE POLE THERE, IT'S GOT THE, IT LOOKS LIKE PROBABLY A, A 24 INCH BEAM GOING UP AND THEN A AND THEN A, UH, CAP ON TOP OF THAT FOR PROBABLY LIKE A 12 INCH BEAM, A 12 INCH POLE GOING UP FROM THE CENTER THERE.
SO, SO TO, TO TAKE IT DOWN TO THAT FIRST LEVEL AND JUST TAKE OUT THAT 12 INCH, IS THAT A TASK THAT CAN BE ACCOMPLISHED TO THE LITTLE SIGN OR THE BIG ONE? NO, FOR THE BIG SIGN.
SO, SO I ASSUME IT'S A 24 INCH POLE GOING UP AND THEN IT'S CAPPED AT 40 FEET OR WHATEVER THAT IS.
AND THEN YOU HAVE A, A 10 FOOT RISER FROM THERE OF A SMALLER POLE.
AND SO CAN THE SIGN BE MOUNTED TO THAT LOWER POLE? YEAH, WE CAN DO THAT.
DO YOU KNOW WHAT THE DISTANCE OF THAT SMALLER POLE OR THAT THE, I GUESS THE, THE HEIGHT OF THAT SMALLER POLE IS?
[00:50:10]
SO IT'S 35 FEET AND IT'S 45.SO THEN IF YOU, IF YOU WERE TO RECEIVE A FIVE FOOT VARIANCE AND THEN THAT COULD BE SOMETHING THAT COULD, YEAH.
ALRIGHT, WELL I, I, IS THERE ANY OTHER COMMISSION QUESTIONS? OKAY, NOW I'M TOTALLY CONFUSED.
OKAY, SO THEN YOU WOULD STILL STAY WITH TWO SIGNS, CORRECT? ONE OF 'EM WOULD BE 55 FEET AND THE OTHER ONE WOULD BE 10, CORRECT? NO MA'AM.
WE'RE GONNA TAKE OUT THE DIGITAL BOARD.
IT'S NOT EVEN LONG, NO LONGER WORKING.
YOU'RE GONNA TAKE THAT ONE OFF, BUT THE OTHER WE SEND AN EMAIL STAY AT 55 OR YOU'RE GONNA BRING IT DOWN? BRING IT DOWN, BRING IT DOWN.
WELL I KNOW THEY CAN, BUT WE CAN, IF, IF WE ALLOWED TO KEEP IT THE WAY IT IS, WE'LL DO IT.
BUT IF WE HAVE TO LOWER IT DOWN, WE WILL DO IT.
SO FOR THE, FOR, SO WHOEVER WHO, WHOMEVER MAKES THE MOTION, UH, IF, IF, IF MOTION ITEM NUMBER THREE IS NOT READ, THAT SECOND SIGN WILL HAVE TO COME OUT.
UH, IF, IF THE FIRST, ON THE FIRST ITEM REGARDING THE HEIGHT, IT'S A 15 FOOT VARIANCE, BUT IT CAN GO DOWN TO A FIVE FOOT VARIANCE SO THAT THEY CAN JUST GET RID OF THAT THINNER POLE AND REUSE THE MAIN POLE AND, AND STILL HAVE, YOU KNOW, THE, THE USE OF THE EXISTING POLLS.
SO THAT'S, THAT'S KIND OF WHERE, WHERE IT'S KIND OF GOING, UH, FOR WHOEVER MAKES THAT MOTION.
SO THEN IT WOULD GO DOWN TO 40 FEET.
AND WITH THAT, UH, THERE'S NO VOICEMAILS OR ANYONE SIGNED UP TO SPEAK.
I'M GONNA TURN IT OVER TO COMMISSIONER MANNA FOR MOTION.
UM, WE CAN KEEP THE SIGN OF THE, OF THE HEIGHT IT IS RIGHT NOW BECAUSE THAT'S A LOT OF COMPETITION THERE IN THE MILITARY AND THAT'S A LOT OF BIG TRIPS AROUND, SO THAT'S WHY, UH, MAYBE TACO CABANA DO IT SO HIGH SO PEOPLE CAN SEE IT FROM FOR THE STREETS, YOU KNOW.
WELL, WE'LL WE'LL SEE HOW IT TURNS OUT, BUT WE NEED NINE VOTES TO PASS ANYTHING, SO, OKAY.
ALRIGHT,
MY MOVE AT THE BOARD OF ADJUSTMENT.
GRANTED REQUEST FOR A FIVE FOOT VARIANCE FROM THE MAXIMUM 40 FOOT HEIGHT TO ALLOW A 45 FOOT SIGN HEIGHT, UM, A 10 FOOT, UH, VARIANCE FROM THE MAXIMUM 240 SQUARE FEET TO ALLOW A 250 SQUARE FOOT SIGN, UM, SITUATED AT NINE 20 SOUTHEAST MILITARY DRIVE, APPLICANT BEING JPG INVESTMENT LLC.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH A LITTLE ENFORCEMENT, THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY FIND THAT THE VARIANCE IS NOT NECESSARY BECAUSE STRICT ENFORCEMENT OF THIS ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNS ON THE SITE.
CONSIDERING THE UNIQUE FEATURES OF THE SITE SUCH AS ITS DIMENSIONS, UM, LANDSCAPING AND TOPOGRAPHY OR, UH, DENIAL OF THE VARIANCE WOULD PROBABLY CAUSE A CESSATION OF LEGITIMATE LONGSTANDING ACTIVITY.
UH, COMMERCIAL USE OF THIS PROPERTY, THE RECORDED VARIANCE WILL NOT, UH, CAUSE A CESSATION OF LEGITIMATE, LONGSTANDING ACTIVE COMMERCIAL USE OF THE PROPERTY AS A SIGN WAS ORIGINALLY NONCONFORMING.
UH, THREE, AFTER SEEKING ONE OR MORE OF THE FINDINGS SET FORTH IN SUB PARAGRAPHS ONE AND TWO, THE BOARD FINDS THAT A GRANTING THE VARIANCE DOES NOT PROVIDE THE APPLICANT WITH A SPECIAL PRIVILEGE BUT NOT ENJOYED BY OTHER SIMILARLY SITUATED OR POTENTIALLY SIMILAR SITUATED, UH, THE PROPOSED SIGN SQUARE FOOTAGE AND THE SIGN HEIGHT DOES NOT APPEAR TO PROVIDE A SPECIAL PRIVILEGE AS THERE ARE SIMILAR SIZE SIGNS IN THE IMMEDIATE AREA.
B UH, GRANTING THE VARIANCE WILL NOT HAVE A SUBSTANTIALLY ADVERSE IMPACT ON NEIGHBORING PROPERTIES.
THE PROPOSED VARIANCE WILL NOT HAVE AN ADVERSE IMPACT ON NEIGHBORING PROPERTIES AS SUFFICIENT SPACE EXISTS BETWEEN THE SIGN AND THE NEIGHBORING USES.
UH, C GRANTING VARIANCE IS NOT, WILL NOT SUBSTANTIALLY, UH, CONFLICT WITH THE STATED PURPOSES OF THIS ARTICLE.
THE REQUESTED VARIANCES NOT APPEAR TO SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSE OF THIS CHAPTER.
THE VARIANCE IS, IS CONSIDERING THE LOCATION OF THE PROPERTY AND THE ARTERIAL ROAD AND A MOTION, UH, COULD I PROPOSE A FRIENDLY AMENDMENT TO PUT THE REQUEST BACK TO 15 FEET AND SEE WHERE THE BOARD, WELL, WHY DON'T WE HAVE YOU SECOND IT AND THEN SECOND.
AND, UH, COMMISSIONER ZUNA IS OFFERING A FRIENDLY AMEND TO GO BACK TO THE REQUEST FOR ITEM NUMBER ONE AS PER THE APPLICANT AND JUST SEE WHERE THE, WHERE THE BOARD WOULD VOTE AND COME BACK.
IF NOT, THEN WE'D, I'M, I'M, EXCUSE ME.
YEAH, COMMISSIONER ZUNE IS ASKING FOR A FRIENDLY AMENDMENT AND SO WHAT I WOULD, WHAT I WOULD LIKE TO DO IS, AT THIS POINT, UH, WHY DON'T YOU MOVE FOR AN AMENDMENT, THEN WE CAN TAKE A VOTE AND WE'LL SEE WHERE IT, HOW IT LIES.
CHAIR, MOVE FOR AN AMENDMENT TO SEE, UH, AMENDMENT TO NUMBER ITEM NUMBER ONE.
UH, SEE IF WE COULD TAKE A VOTE AT THE 15 FOOT VARIANCE FOR THE MAXIMUM 40 FOOT HEIGHT TO ALLOW A 50 FOOT
[00:55:01]
SIGN HEIGHT.UH, FORMAL AMENDMENT FOR A MOTION TO GO TO, TO ITEM ONE AS REQUESTED BY THE APPLICANT.
UH, WE CAN HAVE DISCUSSION, BUT IT, IT, UH, THE VOTE IS GONNA TELL US HOW, WHETHER WE'RE WASTING OUR TIME OR NOT.
J CHAIR, JUST AS A REMINDER, A AMENDMENTS ARE JUST REGULAR MAJORITY, SO, OKAY, SO I'M GOING TO NOW GO TO, UM, DISCUSSION SINCE IT'S A REGULAR MAJORITY AND IT'S NOT GONNA HAVE THE IMPACT AS I WAS LOOKING FOR.
SO I'M GONNA BE OPPOSED TO THE AMENDMENT.
UH, THE REASON I WOULD APPROVE OF THE FIVE FOOT VARIANCE IS BECAUSE LOOKING THROUGH THE NEIGHBORHOOD, THESE ARE MOSTLY ALL ONE STORY, UH, BUILDINGS AROUND.
SO I DON'T KNOW THAT HE NEEDS THE ADDITIONAL, UH, 10 FEET.
SO I WOULD BE OPPOSED TO THE AMENDMENT.
ANYONE ELSE LIKE TO ADD MANNA, COMMISSIONER MANNA, THEN BENAVIDEZ.
SO I CONCUR WITH MY, UM, COLLEAGUE MS. BRAGMAN AND, YOU KNOW, DRIVING DOWN, IT DOES APPEAR THAT MOST OF THE SIGNS ARE LOWER.
UM, AND WE DID BUILD A SIGN ORDINANCE, YOU KNOW, UM, YOU KNOW, THAT INCLUDED BUSINESSES SAYING, UH, WHAT THE HEIGHTS SHOULD BE AND, AND WHAT THE REQUIREMENTS FOR WHEN IT WOULD BE THAT WE WOULD REDUCE THE SIGN HEIGHTS.
AND SO THEREFORE, UM, I WON'T BE SUPPORTING THE COMMISSIONER.
UM, I WOULD BE IN FAVOR OF THE AMENDMENT.
UM, I, IT WAS, HE PURCHASED THE, THE BUILDING AND IT WAS AT THAT HEIGHT.
SO I DON'T THINK THAT WE SHOULD, UM, ASK HIM TO INCUR MORE COSTS.
IS THERE ANY COMMISSIONERS? YES.
UH, I ALSO WILL, UH, UH, SUPPORT THE AMENDMENT TO KEEP THE HEIGHT OF THE SIGN, UH, FOR THE SAME REASON THAT, UH, COMMISSIONER JUST MENTIONED.
I'M GONNA SUPPORT THE IDEA OF KEEPING THE SIGN AT THE HEIGHT THAT IT IS CURRENT.
COMMISSIONER MANNA, JUST TO BE CLEAR, CAN WE GET A CLARIFICATION OF WHAT WE'RE VOTING ON? WE'RE VOTING ON THE AN AMENDMENT, UH, TO CHANGE THE MOTION TO WHAT THE APPLICANT WAS ORIGINALLY REQUESTING, WHICH IS A 50 15 FOOT VARIANCE.
JUST THE APPROVAL OF THE AMENDMENT AND NOT THE VOTE ITSELF.
UH, THE MOTION, UH, PASSES 7 2 4 UNLESS MY COUNT WAS OFF.
SO THE, THE MOTION HAS BEEN OFFICIALLY AMENDED TO BE WHAT THE APPLICANT ASKED FOR.
I WOULD, I WOULD, UM, BECAUSE FOUR WERE OPPOSED.
UH, IT DOESN'T APPEAR LIKE SOMETHING THAT WOULD PASS.
I WOULD LIKE TO, AT THIS TIME OFFER A FRIENDLY AMENDMENT TO GO BACK TO A FIVE FOOT VARIANCE.
IF THE, IF THE MAKER OF THE MOTION WHO IS STILL, UH, COMMISSIONER MANNA WOULD ENTERTAIN THAT, WOULDN'T WE ENTERTAIN? SO WELL THE MOTION'S FORMALLY CHANGED.
BUT SINCE FOUR WERE IN OPPOSITION, IT, I FEEL, I DON'T FEEL LIKE IT'S GOING TO PASS.
AND TO AVOID, UH, ADDITIONAL TIME, I'D LIKE TO OFFER AN AMENDMENT TO GO BACK TO, AS IT WAS ORIGINALLY STATED, A MOTION.
UH, AMENDMENT TO THE AMENDMENT.
THE SECOND WAS COMMISSIONER ZUNA.
DO YOU ACCEPT THAT? WELL, GIVEN THAT WE'RE ALSO LOOKING AT THE, THE, THE 12 FOOT VARIANCE TO INCREASE THE, THE, FOR THE SPIKE PS OF THE SIGN AND THE, AND WE'RE GIVING UP NUMBER THREE.
SO WE HA WE'RE BACK TO THE ORIGINAL MOTION AFTER FRIENDLY AMENDMENT FOR A FIVE FOOT VARIANCE TO THE SIGN HEIGHT TO ALLOW A SIGNED UP TO 45 FEET TALL.
UH, AND, AND ITEM TWO, WHICH WAS UNCHANGED, A 10 FOOT VARIANCE FROM THE MAXIMUM 240 SQUARE FOOT ROLL CALL VOTE PLEASE.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER UNA? YES, I CONCUR.
COMMISSIONER BURTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER BONIA? YES, I CONCUR.
[01:00:01]
I CONCUR.COMMISSIONER CRUZ? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACTS.
COMMISSIONER VASQUEZ, I CONCUR.
CHAIR ORIAN AND I CONCUR THE FINDINGS OF FACT.
SO YOU HAVE A FIVE FOOT VARIANCE IN THE HEIGHT AND YOU HAVE THE 10 FOOT ON THE SQUARE FOOTAGE.
UH, SO IF YOU HAVE ANY QUESTIONS, YOU CAN GET WITH THE STAFF AND THEY'LL, YOU KNOW, ANSWER YOUR QUESTIONS AND TALK YOU THROUGH WHAT TO DO FROM HERE.
AND, AND TO THE, AND I JUST WANTED TO MAKE A STATEMENT TO THE COMMISSION, THE, THE REASON WHY, UH, IF ANYBODY HAD ANY QUESTIONS WHY I DID IT THAT WAY, I JUST WANTED TO CLARIFY THAT.
SOMETIMES WE DON'T REALLY KNOW HOW THINGS ARE GONNA TURN OUT, BUT IN THE INTEREST OF TIME, UH, DOING IT AS A FORMAL AMENDMENT KIND OF GIVES EVERYBODY SOME INSIGHT TO WHAT MAY OR MAY NOT HAPPEN SO THAT WE DON'T HAVE TO READ MOTIONS OVER AND AND OVER AGAIN.
ITEM THREE, WHICH ONE? AND WE HAVE STAFF OUT IN THE LOBBY WAITING TO TALK TO Y'ALL IF YOU HAVE ANY OTHER QUESTIONS.
SO IF, IF, UH, IF YOU GO OUT TO THE LOBBY, THERE'S, UH, A MEMBER OF STAFF THAT CAN ANSWER QUESTIONS.
ITEM NUMBER THREE, BO OA DASH 24 DASH 0 3 0 0 0 59.
ADDRESS BEING 24 23 RIGSBY AVENUE COUNCIL, DISTRICT TWO, APPLICANT BEING JUAN HERNANDEZ.
UH, THE REQUEST IS FOR ONE A 29 FOOT 11 INCH VARIANCE FROM THE MINIMUM 30 FOOT SETBACK, UH, TO ALLOW A STRUCTURE TO BE ONE INCH WITH A ONE INCH REAR SETBACK.
AND TWO, A FENCE, UH, METAL VARIANCE TO ALLOW A CORRUGATED METAL FENCE ON THE PROPERTY.
THE ZONING IS C ONE AND IT IS ALSO C3.
THE SUBJECT PROPERTY IS SITUATED BETWEEN SOUTHEAST LOOP FOUR 10 AND INTERSTATE HIGHWAY 10 ON THE CORNER OF RIGSBY AVENUE AND GROVE DRIVE INTERSECTION ON JULY 22ND, 2022.
THE APPLICANT ALSO BEING THE OWNER OF THE PROPERTY, WAS CITED BY CODE ENFORCEMENT FOR BUILDING A, UH, FOR A BUILDING SETBACK VIOLATION PERTAINING TO A STRUCTURE ENCROACHING THE NEIGHBORING PROPERTY INVESTIGATION, UH, WAS CLOSED AND REOPENED IN 2015.
IN 2020 OR MARCH 15TH, 2024 BASED ON THE COMPLIANT NON-COMPLIANCE OF REAR SETBACK VIOLATIONS.
AND ON MARCH 26TH, 2024, THE APPLICANT APPLIED FOR A 29 FOOT 11 INCH VARIANCE TO ALLOW THE ACCESSORY STRUCTURE TO REMAIN ONE INCH FROM THE REAR PROPERTY LINE.
GOOGLE IMAGES REFLECTING THE ACCESSORY STRUCTURE WAS BUILT SOMETIME BETWEEN MARCH, 2019 AND JANUARY OF 2022.
ADDITIONALLY, DURING THE SITE VISIT, STAFF DISCOVERED THE USE OF CORRUGATED METAL FENCING UTILIZED ALONG THE PROPERTY.
APPLICANT HAS REQUESTED TO RETAIN THE FENCE MATERIAL AS IT PROVIDES SECURITY BARRIER NEEDED FOR PITS.
THIS IS A SITE PLAN SUBJECT PROPERTY.
THIS IS THE STRUCTURE WITH THE REAR SIT BAG AND SURROUNDING AREA STAFF.
RECOMMENDATION FOR CORRUGATED METAL AND REAR SETBACK VARIANCE, STAFF RECOMMENDS DENIAL AND BO OA DASH 24 DASH 0 3 0 5 9 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE DISTANCE IS NOT SUITABLE AS IT IMPOSES ON THE PUBLIC INTEREST OF THE ADJACENT NEIGHBOR.
BY BEING TOO CLOSE TO THE SHARED PROPERTY LINE LIMITS ACCESS TO GENERAL UPKEEP OF THE STRUCTURE AND WILL CREATE WATER RUNOFF ON THE NEIGHBORING LOT.
TWO, THE APPLICANT COULD RE RELOCATE THE STRUCTURE TO COMPLY WITH THE SETBACK REGULATIONS.
AND THREE, THERE ARE NO UNIQUE CIRCUMSTANCES ON THE PROPERTY THAT MERIT DEVIATION FROM THE REQUIRED FENCE.
NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET OF THE PROPERTY.
THIS CONCLUDES STAFF'S PRESENTATION.
HAVE THE APPLICANT COME FORWARD.
STATE YOUR NAME AND TELL US ABOUT YOUR CASE, PLEASE.
OH, MY NAME IS JUAN ANTONIO HERNANDEZ AND I LIVE IN 24 23 RES AVENUE.
THAT'S MY, MY PLACE OF BUSINESS.
[01:05:03]
OKAY.OH, SO, UM, WELL TELL US ABOUT THE ACCESSORY STORE.
WELL, THEY, THEY SAY IS, UH, THE, THE SIT BACK IS ONE ONE INCH, BUT IT'S ABOUT A FOOT, LIKE 14 INCHES.
I MEASURE IT FROM THE, IN THE PROPERTY LINE? YEAH, FROM THE PINPOINT AND PROPERTY LINE.
AND, UH, I USED TO OWN THE WHOLE LOT, UH, WHEN I WAS MARRIED.
BUT, UM, WHEN I GOT DIVORCED, THEY AWARDED ME THE WHOLE PROPERTY.
BUT, UH, I DECIDE TO GIVE THE PROPERTY TO MY KIDS 'CAUSE WE USED TO HAVE A HORSE, SO I LEFT IT TO HER WITH THE CONDITION NOT TO SELL THE PROPERTY.
'CAUSE IT BELONGED TO MY KIDS.
SO WE GOT DIVORCED AND EVERYTHING GOT FINALIZED AND EVERYTHING.
SO I BUILT A LITTLE STORAGE SHED IN THERE.
AND UH, AND I FIND OUT THAT WHEN I GOT THE EXALTATION THAT, THAT SHE SOLD THE PROPERTY.
I THINK THAT'S THE REASON THAT ALL THESE THING HAPPENED.
AND, UM, MY DOG, I GOT SOME BELGIAN SHIPPERS AND MY DOGS, THEY ALWAYS GET OUT AND I'M AFRAID THEY'RE GONNA BITE SOMEBODY.
SO THAT'S WHY I PUT IN THE, THE, THE METAL FENCE.
THAT WAY THEY DON'T DIG UNDERNEATH AND GET OUT.
AND THEY USED TO BREAK IN A LOT INTO THE SHOP 'CAUSE IT'S A SHOP, IF YOU SEE IN THE FRONT VIEW, I GOT A SIGN SHOP IN THERE.
AND, UH, THEY USED TO BREAK IN AND STEAL THE TOOLS FROM THE TRUCKS IN, IN THE SHOP.
AND WHEN I PUT THE, THE, THE FENCE, IT PREVENTS EVERYTHING.
'CAUSE IT USED TO COME THROUGH THE BACK.
SO NOW WITH THE DOGS AND THE FENCE, MY SHOP IS MORE SECURE.
AND WHAT IS THE SIZE OF THE, OF THE STRUCTURE? THE SIZE OF THE STRUCTURE? DON'T REMEMBER.
18 IS 18 BY 30, I BELIEVE STRUCTURE IS 18 BY 30 UHHUH
AND THEN IT LOOKS LIKE THE ROOF SLOPES TO THE REAR.
IS THERE A GUTTER IN THE BACK OF THAT ROOF? NO, IT'S NO GUTTER, BUT I CAN PULL ONE IF I NEED TO.
IF YOU'D LIKE TO AMEND YOUR APPLICATION FOR AN ACCESSORY STRUCTURE TO INCLUDE GUTTERS, THAT WOULD BE SOMETHING YOU CAN DO.
WOULD YOU LIKE TO AMEND YOUR APPLICATION TO INCLUDE GUTTERS? LIKE TO DO ANOTHER APPLICATION OR NO, YOU CAN DO IT RIGHT HERE.
I, I'LL PUT THE GUTTER IN THERE TOO.
AND THEN, UM, YOU ALSO MENTIONED THAT IT WAS ONE FOOT AWAY FROM THE PROPERTY LINE.
YEAH, YOU CAN SEE THE, THE PROPERTY LINE IS WHERE THE BUT WIRE IS.
AND THEN I BUILD ANOTHER ONE, THREE FEET INSIDE.
THAT WAY, YOU KNOW, I HAVE NO PROBLEMS OR WHATEVER, BUT, UH, THAT WAY MY DOGS DON'T GET OUT AND I DON'T HAVE NO PROBLEMS WITH THE NEIGHBOR SAYING, HEY, YOU TOO CLOSE TO MY PROPERTY.
AFTER I FIND OUT THAT, YOU KNOW.
I WAS JUST IS JUST ASKING FOR WHOEVER MAKES A MOTION THAT YOUR, YOUR NEED IS, IS ONE FOOT AS OPPOSED TO YES, ONE INCH.
ANY OTHER COMMISSION QUESTIONS? IS THERE ANYONE SIGNED UP TO SPEAK? UH, ANY VOICEMAILS? NO PUBLIC COMMENT.
UH, IS THERE ANYTHING LIKE TO ADD BEFORE WE GO INTO A MOTION? NO, BUT I HAVE NO COMPLAINTS ON FOR NOBODY, SO I'D LIKE TO KEEP IT THE WAY IT IS.
SO, SO I DO HAVE A QUESTION WITH REGARDS TO THE STRUCTURE.
IT WAS IN PLACE, UM, BEFORE, UM, UH, BEFORE YOUR DAUGHTER SOLD THE PROPERTY BEHIND YOU.
ACTUALLY IT WAS MY EX-WIFE OR EX-WIFE.
SO, SO, SO THE, THAT STRUCTURE WAS IN PLACE BEFORE IT WAS SOLD, IS THAT CORRECT? YES.
IF THERE'S NOTHING ELSE, I'M LOOKING FOR A MOTION MANNA COMMISSIONER MANNA.
SO REGARDING CASE NUMBER BOA 2 4 1 0 3 0 0 0 5 9.
AND TO MOVE THE BOARD OF ADJUSTMENT, GRANT THE REQUEST FOR A 29 FOOT VARIANCE FROM THE MINIMUM 30 FOOT SETBACK TO ALLOW A STRUCTURE TO BE ONE F, UH, WITH A ONE FOOT REAR SETBACK AND TWO, A FENCE MATERIAL VARIANCE TO ALLOW A CORRUGATED MIDDLE FENCE ON THE PROPERTY SITUATED AT 2 4 2 3 RIGSBY AVENUE.
APPLICANT BEING JUAN HERNANDEZ.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOW THAT THE PHYSICAL CARE OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
STAFF FINDS REQUEST DO NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST AS A CORRUGATED METAL HELPS TO REINFORCE SECURITY OF THE PROPERTY AND THE REAR SETBACK ABUTS A VACANT LOT.
TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD CAUSE AN UNNECESSARY HARDSHIP AS A CORRUGATED METAL FENCE IS LOCATED PRIMARILY ON THE REAR PROPERTY LINE.
AND THE REAR SETBACK VARIANCE WOULD REQUIRE RELOCATING AN ESTABLISHED ACCESSORY STRUCTURE.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE OR ORDINANCE WILL BE OBSERVED WITH THE APPROVAL OF THE CORRUGATED METAL FENCE AS IT WOULD PROVIDE AN ELEMENT OF SECURITY AND SAFETY TO THE PROPERTY OWNER.
AND THE PROPOSED STRUCTURE WILL MAINTAIN A REASONABLE DISTANCE BETWEEN THE STRUCTURE AND THE SURROUNDING PROPERTIES.
FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THIS VARIANCE IS LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
[01:10:01]
NOT ALL SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FOREIGN PROPERTY OR ALL THREE CENTRAL CHARACTER OF THE DISTRICT, WHICH HIS PROPERTY IS LOCATED.STAFF FINDS THAT A ONE FOOT REAR SETBACK WOULD NOT ALTER THE CENTRAL CHARACTER OF THIS NEIGHBORHOOD.
AND THE USE OF CORRUGATED MIDDLE FENCING, AND I'M GONNA MEND THIS A LITTLE BIT, UH, ALONG THE FIT BACK FENCE LINE, UM, UH, UM, PROVIDES SEPARATION BETWEEN ADJACENT LOTS.
UH, SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH HIS VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING IN THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT DUE TO THE RESULTED GENERAL CONDITIONS.
UM, IN THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED, THE VARIANCE OF SOLD ARE DUE TO UNIQUE CIRCUMSTANCES EXISTING IN THE PROPERTY AS THE SUBJECT PROPERTY IS LOCATED WITHIN A REASONABLE DISTANCE FROM NEIGHBORING RESIDENTIAL PROPERTIES AND STRUCTURES.
DID YOU MENTION THE GUTTER? OH.
AND, AND THEN ALSO, UM, THE APPLICANT DID MENTION THE GUTTER, UH, BEING ON THE BACKSIDE, UH, OF THE, UM, THE, UM, STRUCTURE.
SO, UM, SO THANK YOU FOR ADDING THAT AMENDMENT.
UM, IS THERE A SECOND? END A MOTION.
SECOND BY COMMISSIONER BENAVIDES.
SO WE HAVE A MOTION FOR AN EXCESSIVE STRUCTURE THAT IS ONE FOOT OFF THE REAR PROPERTY LINE, UH, TO INCLUDE GUTTERS, UH, AND FOR CORRUGATED METAL ALONG THE REAR, UH, PROPERTY.
UM, YEAH, SO, SO I THINK, YOU KNOW, UH, BEING THAT, UH, THE PROPERTY WAS ORIGINALLY OWNED, UH, THE PROPERTY BEHIND IT WAS ORIGINALLY OWNED BY THE APPLICANT, UM, AND THEN WAS SOLD WITH THE STRUCTURE ALREADY IN PLACE, UM, UH, YOU KNOW, I THINK I'M OKAY WITH, WITH THAT DIALOGUE, ESPECIALLY WITH THE ADDITION OF THE, UH, GUTTERS AND THEN, UM, YOU KNOW, THE SETTING SO THAT THE BACK LINE, THE BACK OF THE PROPERTY, UH, CAN HAVE THAT CORRUGATE.
I THINK THAT, UH, THAT'S NOT INCONSISTENT, UH, AS I LOOK AT THE REST OF THE COMMUNITY.
COMMISSIONER BEES, I AGREE WITH, UH, WITH THE COMMISSIONER MANOR.
ANY OTHER COMMERS LIKE TO ADD? YEAH, UH, COMMISSIONER BARRY CLARIFICATION.
ARE WE TALKING ABOUT A ONE INCH OR ONE FOOT? UH, ONE FOOT.
ANY OTHER COMMISSIONERS LIKE TO, UH, ADD TO THE CONVERSATION? HEARING NONE, LET'S HAVE ROLL CALL, VOTE PLEASE.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER TON? NO, I DO NOT.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER DEAN? I DO NOT CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER OONA? YES, I CONCUR.
COMMISSIONER VASQUEZ, I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
UH, MOTION PASSES NINE TO TWO.
UH, SO YOU HAVE A VARIANCE FOR A ONE FOOT, UH, YOU KNOW, A 29 FOOT SETBACK FOR ONE FOOT AND THEN WITH TO INCLUDE GUTTERS AND THE CORRUGATE METAL ON THE REAR FENCE.
IF YOU HAVE ANY QUESTIONS, YOU CAN, UH, GET WITH STAFF.
ALRIGHT, THAT TAKES US TO ITEM NUMBER FIVE.
ALL RIGHT, ITEM NUMBER FIVE, BO 8 24 1 0 3 0 0 0 7 0.
LOCATED ON 1 38 MARLE DRIVE COUNCIL, DISTRICT ONE APPLICANT BEING MS. SALINAS.
A REQUEST FOR A FOUR FOOT VARIANCE FROM THE FIVE FOOT, UH, SIDE SETBACK TO ALLOW ONE FOOT SIDE SETBACK AND A THREE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT FENCE HIGH TO ALLOW A SIX FOOT, UH, FRONT SIX FOOT FENCING ON THE FRONT YARD.
SUBJECT PROPERTY IS LOCATED ALONG MARLINA DRIVE, UH, SOUTH, UH, SOUTHWEST FOUR 10 WEST F DESK.
THE APPLICANT IS, HAS AN EXISTING CARPORT ATTACHED TO THE HOME AND ARE SEEKING TO EXPAND IT, UH, INTO THE SIDE SETBACK.
THE APPLICANT HAS ADDITIONALLY STATED THE DESIRE TO MAIN MAINTAIN A SLOPE FOR THE ROOF TO CONTINUE THE CURRENT STYLE OF THE CAR PART, WHICH THE ADDITION IS APPROVED.
UPON SITE VISIT, STAFF NOTICED THAT THE SIX FOOT PRIVACY FENCE EXTENDED PAST THE FRONT FACADE OF THE HOME AND INCLUDED INTO THE REQUEST, THE APPROXIMATE DISTANCE FROM THE, UH, PAST THE FRONT FACADE, UM, IS TO THE 37 FOOT, UH, FRONT PROPERTY LINE.
SO THE YELLOW IS FOR THE REAR SETBACK OF THE PROPOSED CARPORT.
AND THE, UM, BLUE IS THE, UH, FENCE HEIGHT THAT GOES, UH, PAST THE FRONT FACADE, SUBJECT PROPERTY, AND SURROUNDING AREA.
SO STAFF RECOMMENDS IT NOW IN BO OA 24 1 0 3 0 0 7 0
[01:15:02]
FOR THE SIDE SETBACK.VARIANCE BASED ON THE FOLLOWING FINDINGS OF THE FACT THAT THIS WILL NOT PROVIDE ADEQUATE SPACING BETWEEN PROPERTIES AND WANNA WATER RUNOFF MAY IMPOSE ON THE ADJACENT PROPERTY, STAFF RECOMMENDS APPROVAL IN VA 8 24 1 0 3 0 0 7 0, LIMITED TO THE 20 FOOT, LIMITED TO 20 FOOT FROM THE FRONT FACADE.
BASED ON THE FINAL FINDINGS OF EFFECT, UH, BY BEING LIMITED TO NO MORE THAN 20 FEET, THE FRONT FACADE OF THE HOME DEFENSE WILL NOT OBSTRUCT THE LINE OF SIGHT FROM, UM, ONCOMING AND EXITING VEHICLES.
DEFENSE HAS NOT INJURED THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD, SENT OUT 31 NOTICES.
THEY DID NOT RECEIVE ANY IN FAVOR OR OPPOSITION.
AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION AND THE APPLICANT IS PRESENT.
ALRIGHT, WE LET THE APPLICANT COME FORWARD.
PLEASE STATE YOUR NAME AND, UH, TELL US ABOUT YOUR PROJECT.
UH, JUST TRYING TO BUILD A CARPORT FOR OUR VEHICLES, UH, UP TO THE FRONT TO THE BACK OF THE HOUSE.
UM, BASICALLY JUST FOR, FOR OUR CARS.
AND YOU CURRENTLY HAVE A CARPORT AND YOUR, YOUR GOAL IS TO EXTEND IT FURTHER TO THE, TO THE, UH, WELL, THE H THE CARPORT'S ALREADY ATTACHED TO THE HOUSE, WHICH HAS WAS BUILT THAT WAY.
SO WE'RE WANTING TO ADD, UH, I GUESS ANOTHER PORTION ALL THE WAY TO THE FENCE LINE, ANOTHER PORTION TO THE FRONT TO ABOUT, I THINK IT'S LIKE 20 FEET MAYBE.
AND THEN ON THE SIDE WHERE THE CARS ARE ON THE RIGHT, UM, TO EXTEND THERE AND GO TO THE BACK.
SO YOU'RE, YOU'RE, SO THEN YOU WOULD HAVE A CARPORT THAT WOULD COVER FOUR CARS? YES, BASICALLY, YEAH.
UH, ARE THERE ANY COMMISSIONER QUESTIONS FOR THE APPLICANT STAFF? HAS ANYONE SIGNED UP TO SPEAK ANY VOICEMAILS? NO PUBLIC COMMENT.
UM, I'LL GO AHEAD AND ASK YOU A COUPLE QUESTIONS.
I MEAN, DO YOU, DO YOU HAVE, UH, YOU HAVE CURRENTLY HAVE A GUTTER ON THE EXISTING CARPORT.
WOULD, WOULD YOUR CURRENT, UH, PLAN TO INCLUDE GUTTERS? YES.
ON THE EXTENSION? IT WOULD, UH, STAFF IS THERE, WAS THERE A, A DESIGN SUBMITTED ASSOCIATED WITH THIS OR ARE THEY DOING THIS BEFORE THAT'S EVEN BEEN DONE? JUST THE DESIGN FOR THE ONE FOOT SIDE SETBACK.
AND I HAVE, UH, MR. STRICKLAND HERE, HE'S THE ONE THAT'S GONNA BE BUILDING THE FENCE AND HE HAS, I THINK A, A DRAWING.
AND I THINK I HAVE, I GAVE FOUR, I GUESS PEOPLE GAVE ME THEIR APPROVALS, THE PE THE NEIGHBORHOOD ON THIS SIDE, UH, WHERE THE FENCE LINE AND THE GUTTER WOULD BE.
UM, DID YOU PROVIDE THAT TO STAFF? YES.
SO THE FOUR APPROVALS, DO YOU HAVE A COPY OF THE DOCUMENT THERE WITH YOU TO I GAVE IT TO THE, THE LADY THAT WAS RIGHT HERE.
WHAT UP ON THE SCREEN AND THEN IF YOU HAVE A, UH, A SKETCH YOU WOULD LIKE US TO SEE, THEY CAN ALSO PROJECT THAT SURE.
ESSENTIALLY WE'RE GONNA BE BUILDING THE SAME THING.
IT'S FIVE HOUSES DOWN ON ONE 19.
MARLENE, YOU CAN, UH, INTRODUCE YOURSELF AND SPEAK TO THE MIC, SIR.
SO, YEAH, IF YOU COULD PLEASE STATE YOUR NAME AND, HELLO, MY NAME'S DUSTIN STRICKLAND.
AND, UH, TELL US ABOUT WHAT YOU'RE GONNA BE SHOWING US.
UM, THIS IS A DRAWING OF THE CARPORT THAT WE'RE GONNA BE BUILDING AT HER HOUSE, UH, WHICH IS ESSENTIALLY THE SAME CARPORT THAT IS FIVE HOUSES DOWN AT ONE 19 MARLINA, ONE 19 LANE.
IF WE CAN, UM, SHOW SOME OF THESE DOCUMENTS UP ON THE SCREEN.
THOSE ARE THE LETTERS, BUT KELLY, THERE'S AN EXHIBIT THAT, THAT THEY JUST PROVIDED THAT WE CAN, UH, SHOW AS WELL.
SO YOU'RE, YOU'RE WANTING TO HAVE, AND THE, THE CARPORT EDITION IS GONNA BE 10 BY 70 ON THE, ON THE RIGHT SIDE? YEAH, IT, IT'S GONNA GO OVER HER EXISTING ROOF.
'CAUSE THE WAY IT'S BUILT, HER DRIVEWAY GOES ALONG THE SIDE OF A PROPERTY LINE ALL THE WAY TO THE BACK.
SPEAKING TO, YEAH, YOU'RE SPEAKING TO THE PIPE, PLEASE.
SO ONE, ONE OF THE, JUST SO YOU KNOW, ONE OF THE THINGS THAT THIS BOARD CAN DO IS WHEN YOU, WHEN YOU SUBMIT A REQUEST, WE CAN, WE CAN OFFER A MOTION FOR LESS.
UH, AND RIGHT NOW, YOU KNOW, THAT YOU, I JUST WANNA MAKE SURE WE'RE CLEAR THAT YOU'RE ASKING FOR A 70 FOOT DEEP, UH, CARPORT, UH, AS A AND STAFF IS NOT IN, IN AGREEANCE WITH THAT.
IS THERE ANY REDUCTION THAT YOU WOULD LIKE TO OFFER AT THIS TIME? OR DO YOU WANNA STICK WITH, UH, THE 70 FOOT LONG CARPORT? OKAY, SO YOU'RE TALKING OH, OKAY.
YOU'RE TALKING ABOUT TO GO TO THE BACK.
WELL, WE'RE, WE'RE, WE'RE, OUR, OUR CONCERN IS THE PORTION ON THE RIGHT THAT'S REALLY CLOSE TO THE PROPERTY LINE, WHICH IS A 10 BY 70 FOOT COVERED STRUCTURE.
UM, YOU KNOW, WE DO NEED NINE VOTES TO PASS ANYTHING.
AND SO I, I WOULD JUST WANT TO MAKE SURE I'M OFFERING TO YOU THE ABILITY TO AMEND YOUR APPLICATION
[01:20:01]
TO SOMETHING LESS THAN THIS IN THE HOPES THAT PERHAPS IT MAY GARNER SOME SUPPORT, UH, IF YOU HAPPEN TO, UM, AFTER HEARING SOME OF OUR, SOME QUESTIONINGS AND WHATNOT.WELL, I MEAN, I MEAN, I MEAN FROM THE HOMEOWNER I'M SAYING THAT, I MEAN, WE WERE, WE'D LIKE TO HAVE IT TO THE BACK.
UM, WE DID GET APPROVAL FROM OUR NEIGHBOR, UM, YOU KNOW, THAT WE'D BE PUTTING GUTTERS ALL ALONG THE SIDE.
UM, BUT I MEAN, WE'RE HERE TO LISTEN TO ANY RECOMMENDATIONS THAT YOU HAVE AND, WELL, WE CAN'T, REGARDING CAN'T SET CONDITIONS.
WELL, I MEAN MANNA, I DON'T KNOW.
COMMISSIONER MANNA, COULD THE STAFF BRING UP, UH, THE ADDRESS OF ONE 19 MARLENA? UM, SO THAT WAS PROVIDED AS AN EXAMPLE HERE.
SO WE GET AN IDEA THAT'S, UH, SO THE QUESTION I WOULD HAVE IT, UM, I GUESS LOOKING AT THE SLOPE OF, OF, OF THAT STRUCTURE, IS THE HEIGHT'S GONNA BE THAT HEIGHT, THE SAME HEIGHT AS WHAT'S ON ONE 19? 'CAUSE THAT LOOKS PRETTY LOW.
IT'S GONNA BE A LITTLE BIT HIGHER.
IT'S ACTUALLY GONNA GO OVER HER.
IT'S TO SPEAKING TO THE MIC, SIR.
IT'S GONNA BE A LITTLE BIT HIGHER.
HER, HER BUILDING'S ACTUALLY GONNA GO OVER HER ROOF A LITTLE BIT AND THEN SHE'S GONNA HAVE A GUTTER ON THE OTHER SIDE.
SHE ALREADY HAS AN EXISTING GUTTER ON HER HOUSE.
SO YOU'RE, SO THE APPLICATION RIGHT NOW THAT OF, OF CONCERN TO US IS A 10 BY 70 WITH A GUTTER YES.
AND IT'S GONNA BE, IT'S GONNA BE SLANTED, UH, YOU KNOW, AND JUST ABOVE A LITTLE BIT OVER THE HOUSE.
STAFF IF YOU GO, UM, EAST, JUST, OR WEST A LITTLE BIT AND THEN LOOK BACK.
NOW LOOK BACK AT THE TURN BACK AROUND.
KEEP ROTATING, KEEP ROTATING, KEEP ROTATING, KEEP ROTATING.
THAT'S THE SIDE I WAS LOOKING AT.
SO ESSENTIALLY THAT'S SAME THING.
THAT LOOKS LIKE, IS THAT ACROSS THE STREET? IT'S, IT'S, UH, IT'S, IT'S, UH, DOWN THE STREET.
UM, AND THAT'S THAT, UH, I MEAN IT'S FLAT AND IT GOES LIKE WAY PAST THE OTHER.
UH, IS THIS SOMETHING WE'RE GONNA BE SEEING IN THE FUTURE? UH, THIS, THERE'S A COUPLE IN THIS BLOCK THAT WE, UH, LET CO COMPLIANCE KNOW WHILE WE'RE DOING SITE VISITS.
THIS WAS DEFINITELY ONE OF THEM.
AND THE SIDEWALK THAT THEY, YEAH.
SO, ALRIGHT, WELL, IS, IS THERE ANY COMMISSIONER UH, QUESTIONS FOR THE APPLICANT? ALL RIGHT.
AND SINCE WE DON'T HAVE ANY VOICEMAILS OR ANYONE SIGNING UP TO SPEAK, I JUST WANTED TO ADD, I CONFIRMED THE, UM, LETTERS OF APPROVAL OR NOTICES OF APPROVAL AND THEY ARE FROM THE NEIGHBORS OF 1 42, 1 46 MARLENA THAT ARE TO THE WEST OF THIS PROPERTY.
AND THEN ONE, UM, 41 34 TO THE EAST OF THE PROPERTY AND THEN 1 46 ACROSS THE STREET, OR I'M SORRY, 1 43 ACROSS THE STREET.
ALRIGHT, SO WITH THAT, I'M LOOKING FOR A COMMISSIONER TO GET THIS STARTED WITH A MOTION COMMISSIONER MANNA, LET'S SEE.
REGARDING CASE NUMBER BO 8 2 4 1 0 3 0 0 0 7 0, I'M READING THE, UM, UH, FOR THE DEFENSE FOR THE FIRST ONE, I MOVE THAT THE BOARD OF ADJUSTER GRANT A REQUEST FOR A, UM, THREE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT TO ALLOW A SIX FOOT FENCE, UH, FENCING 20 FEET FROM THE HOUSE ON THE FRONT YARD, SITUATED AT 1 3 8 MARLENE DRIVE BECAUSE THE APPLICANT VIRGINIA SALINAS, UM, UH, APPLICANT BEING, UH, VIRGINIA SALINAS, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTERS PROPERTY IS SUCH THAT LIBERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN A NECESSARY HARDSHIP, SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THIS CHAPTER.
UH, IF GRANTED, THE SPECIAL EXCEPTION IS NOT CONTRARY TO SPIRIT AND THE PURPOSE OF THE CHAPTER AS IT WILL BE LIMITED TO NO MORE THAN 20 FEET, UH, PAST THE FRONT FACADE.
B, THE SPECIAL, UH, THE PUBLIC WELFARE AND CONVENIENCE, UH, WILL BE SUBSTANTIALLY SERVED.
THE PROPOSED FENCE WILL ADD TO THE PROTECTION OF THE PROPERTY AND ADD TO THE SENSE OF SECURITY IN THE AREA.
C THE DEBRA PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE PROPOSED SIX FOOT, UH, PRIVACY FENCE WITHIN 20 FEET FROM THE FRONT FACADE WOULD BE ALONG MARLINA DRIVE AND WOULD NOT INJURE NEIGHBORING PROPERTIES AS A FENCE, DOES NOT OBSTRUCT THE LINE OF SIGHT FOR ONCOMING VEHICLES.
D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THIS DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT UPON INSPECTION OF THE DISTRICT AND LOCATION, THE FENCE ADDED PROPOSED DESIGN WILL NOT ALTER THE CENTRAL CHARACTER OF THE DISTRICT E THE
[01:25:01]
PROPOSED EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT.IF GRANTED, THE SPECIAL EXCEPTION WILL NOT ALTER THE GENERAL PURPOSES OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT.
THE PROPOSED FENCE EXCEEDS THE HEIGHTS REGULATION BY THREE FOOT AND WILL ENHANCE THE SECURITY OF THE PROPERTY AND OF MOTION.
IS THERE A SECOND? UH, REGARDING THE FENCE HEIGHT? SECOND.
SECOND BY COMMISSIONER BENAVIDEZ.
COMMISSIONER MANNA? UM, YEAH, I, I'LL, I DON'T, UH, I AGREE WITH THE CITY'S POSITION HERE.
I THINK THAT COMING FORWARD BY, UM, BY, UH, THAT LIMITED AMOUNT, UH, DOES, UH, PROVIDE FOR ADDITIONAL SECURITY, UH, THERE IS LANDSCAPING THERE.
SO IT KIND OF TIES IN WITH THE LANDSCAPING.
COMMISSIONER BEES, I AGREE WITH, UH, COMMISSIONER MANNA.
ANYONE ELSE ON THE COMMISSION LIKE TO ADD TO THE DISCUSSION? HEARING NONE THIS HAVE ROLL CALL, VOTE PLEASE.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDEZ? I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER UNA? YES, I CONCUR.
COMMISSIONER VASQUEZ, I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
SO MOTION PASSES UNANIMOUSLY FOR THE FENCE HEIGHT.
UM, REQUEST, UH, NOW WE'RE GONNA ENTERTAIN A MOTION REGARDING THE SITE SETBACK.
UM, ANY COMMISSIONER, I'D LIKE TO MOVE FORWARD WITH THAT.
COMMISSIONER MANNA REGARDING CASE NUMBER BO 8 2 4 1 0 3 0 0 0 7 0.
I MOVED THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A FOOT FOUR FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A ONE FOOT SIDE SETBACK FOR A 70 FOOT LONG STRUCTURE, UM, SITUATED WITH GUTTERS, UH, SITUATED AT 1 3 8 MARLINA DRIVE.
APPLICANT BEING VIRGINIA SALINAS.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTERS PROPERTY SUCH AS LITTLE ENFORCEMENT OF THE PROVISIONS THAT UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE REQUESTED SETBACK PROVIDES ADEQUATE SPACE BETWEEN PROPERTIES AND WATER RUNOFF WILL NOT BE POSED ON THE ADJACENT PROPERTY BECAUSE OF THE GUTTERS, WHICH ARE BOTH CON, WHICH ARE BOTH NOT CONTRARY TO PUBLIC INTEREST.
TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE SPECIAL CONDITION FOUND IS A NARROWNESS OF THE SUBJECT PROPERTY.
A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD NOT HAVE SUFFICIENT SPACE FOR THE INTENDED CARPORT IF ABIDED BY THE SETBACK REQUIREMENTS.
BY GRANTING THE VARIANCE, THE SPARE OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE GRANTING OF THESE VARIANCES WILL OBSERVE THE SPARE OF THE ORDINANCE AS A CARPORT IS SUITABLY IS A SUITABLE DISTANCE FROM THE ADJACENT PROPERTIES AND WATER RUNOFF WILL NOT IMPOSE, UH, ONTO THE ADJACENT PROPERTY.
THE VARIANCE FOUR NUMBER, UH, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH A VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED.
STAFF OBSERVED, UH, OTHER SIMILARLY SPACE CARPORTS IN THE MEDIA AREA, WHICH MAKES REQUESTS NOT OUT OF CHARACTER.
SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES IS EXISTING ON THIS PROPERTY.
AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS AND DISTRICT WHICH HIS PROPERTY IS LOCATED.
STAFF FINDS APPLY TO THE OWNER FOR THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THIS PROPERTY, SUCH AS THE NARROWNESS OF THE LOT.
THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL.
SECOND BY COMMISSIONER BRAGMAN.
SO, SO I DO SEE THAT THERE ARE THE CARPORTS IN THIS AREA.
UH, YOU KNOW, THIS IS KIND OF CONSISTENT TOO.
UH, I GUESS SOME OF THE OTHER CARPORTS THAT ARE HERE.
I THINK, UH, HAVING THE APPLICANT AMEND THE, UM, UH, NOTICE TO HAVE THE, THE GUTTERS, UH, PLACED, UM, MITIGATES THE ISSUE WITH REGARDS TO WATER RUNOFF.
UM, AND THEN ALSO SETTING THE LIMIT FOR THE, THE SIZE OF THE, UM, CARPORT TO BE WHAT? UH, THAT THE 70 FOOT THAT THEY, UH, SUBMITTED, I THINK, UM, YOU KNOW, I'LL BE PUT IN FAVOR OF THAT.
UH, I AGREE WITH MY COLLEAGUE, ESPECIALLY THAT, UH, GUTTERS ARE GONNA BE, UH, INCLUDED, WHICH WILL PREVENT, UH, WATER RUNOFF INTO THE NEIGHBOR'S YARD.
ALRIGHT, ANYONE ELSE LIKE TO ADD? UH, HEARING NONE, LET'S HAVE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER BEAVIS? I CONCUR.
[01:30:01]
COMMISSIONER ZUNA? YES, I CONCUR.COMMISSIONER VASQUEZ, I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF.
OKAY, ITEM NUMBER EIGHT, BO OA DASH 24 DASH 0 3 4 7 4.
ADDRESS BEING 2 38 ROUND STREET COUNCIL DISTRICT FIVE, APPLICANT BEING ALLEN DEA.
UH, AND THE REQUEST IS FOR ONE A HALF STORY VARIANCE FROM THE MAXIMUM ONE AND A HALF STORY TO ALLOW A TWO STORY STRUCTURE AND TWO, A 20% VARIANCE FROM THE MAXIMUM 45% OF LOT AREA REQUIREMENT TO ALLOW 65% BUILDABLE AREA IN AN R ONE ZONING IS R ONE.
THE SUBJECT PROPERTY IS LOCATED WEST OF INTERSTATE 10 WEST, EAST OF NORTH NADE STREET ON ROUND STREET.
THE APPLICANT BEING THE PROPERTY OWNER IS PROPOSING RECONSTRUCTION OF AN EXISTING STRUCTURE ON AN I ONE ZONE LOT OR R ONE ZONE LOT.
THE APPLICANT PLANS TO DEMOLISH THE REAR PORTION OF THE EXISTING STRUCTURE TO CREATE A TWO STORY ADDITION TO THE REAR LEAVING THE FRONT PORTION AS A SINGLE STORY.
THE DESIGN STANDARDS FOR R ONE IS A MAXIMUM HEIGHT OF 25 FEET AND A ONE AND A HALF STORIES AND ONE AND A HALF STORIES DUE TO THE LIMITED LOT SIZE.
THE APPLICANT IS REQUESTING A HALF STORY VARIANCE TO ALLOW THE ADDITION, UH, TO INSTEAD, UH, ALLOW THE ADDITION TO INSTEAD VERTICALLY MEET THE DIMENSIONS NEEDED FOR EXPANSION.
ADDITIONALLY, AS THE PROPOSED, UH, EXPANSION WILL INCREASE THE BILLABLE AREA BEYOND THE MAXIMUM ALLOWANCE ALLOWABLE OF 45% FOR R ONE PROPERTY.
A 20% VARIANCE WILL, WILL ALSO BE REQUIRED TO ALLOW, REQUIRED TO ALLOW 65% BUILDABLE AREA WITHIN THE BOUNDARIES OF THE PROPERTY.
A PERMANENT, UH, PENDING APPROVAL FROM THE BOARD OF ADJUSTMENT.
SUBJECT PROPERTY AS TOWARDS THE REAR OF THE PROPERTY SIDE AND SURROUNDING AREA.
STAFF RECOMMENDS TWO STORY AND BUILDABLE VARI FOR THE STORY AND BUILDABLE VARIANCE.
STAFF RECOMMENDS DENIAL AND BO OA DASH 24 DASH 0 3 0 7 4 BASED ON THE FOLLOWING FINDINGS OF FACT ONE.
THE PROPOSED VARIANCE, UH, VARIANCES ARE CONTRARY TO THE PUBLIC INTEREST AS THEY'RE PROPOSED STRUCTURE, AS THE PROPOSED STRUCTURE WILL EXCEED BOTH HEIGHT AND BUILDABLE LAW AREA CAUSING THE PROPERTY TO BECOME DISPROPORTIONATE FROM THE AREA.
AND TWO, THE PROPOSED EDITION WILL ENDURE THE SAFETY AND PRIVACY OF NEIGHBORING LOTS.
STAFF MAIL MAILED OUT 45 49 NOTICES ONE IN FAVOR, ZERO IN OPPOSITION AND NO RESPONSE PROVIDED BY THE WEST END.
HOPE IN ACTION TO HARRIS ASSOCIATION.
THAT CONCLUDES THAT PRESENTATION.
ALL RIGHT, SO THE APPLICANT COME FORWARD.
STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT.
YEAH, UH, HI, MY NAME IS ALAN DE SOUSA.
UM, ALL I'M TRYING TO DO IS GET A VARIANCE FOR, UM, THE, THE SECOND LEVEL.
THE SECOND LEVEL ON AN HOUR CAN ONLY BE HALF A STORY.
AND I'M TRYING TO BUILD EXACTLY ON TOP OF THE BOTTOM STRUCTURE.
THE BOTTOM STRUCTURE IS REALLY SMALL RIGHT NOW.
UM, IT WON'T ACCOMMODATE A FAMILY AND THE WAY THE, UH, THE HOUSE IS STRUCTURED, THERE'S NO PRIVACY UNTIL YOU GO TO THE BACK ROOM.
SO, UH, WHAT I'M TRYING TO DO IS JUST HAVE MY FAMILY MOVE IN WITH ME.
UM, BECAUSE IF I, IF THERE'S ONLY ONE BACKROOM, WHICH IS ALREADY REALLY SMALL RIGHT NOW, UH, BARELY ABOUT 150 SQUARE FEET, I WOULD SAY, UM, IT'S NOT CONDUCIVE TO MY FAMILY RIGHT NOW.
SO MY PLAN IS TO, UH, DEMOLISH THE BACKROOM, UH, BUILD IT, UH, AS PER THE CODE, UH, FIVE FEET FROM THE FENCE.
UM, BUILD AT THE MAX HEIGHT OF 25 FEET FOR R ONE.
UH, NOT GO BEYOND THE VARIATION OF THE HEIGHT, BUT JUST HAVE, UH, HALF STORY, UH, HALF, UH, HALF A FLOW VARIATION ON THE TOP.
SO IT'S LIKE JUST BUILDING ON TOP.
THE, THE EXISTING STRUCTURE THAT'S IN THE FRONT, UH, BY ROUND STREET, IS THAT A SINGLE STORY? IT'S A SINGLE STORY, YEAH.
AND THAT'S NOT, THAT'S GONNA REMAIN A SINGLE,
[01:35:01]
THAT'S GONNA REMAIN AS IS.IT'S ONLY THE BACK ROOM THAT I WANT THE VARIATION ON.
SO A COUPLE QUESTIONS FOR STAFF.
I SEE THAT THERE'S A HANDFUL OF R ONES ON LOTS.
UH, MOST OF THE LOTS ARE R TWO, R THREE.
IS IT USUALLY, IS THAT BECAUSE OF THE WIDTH? YEAH, THIS WAS A LARGE AREA ZONING THAT WAS DONE LAST YEAR.
UM, IT WENT FROM MULTI-FAMILY TO WHAT THIS CONFIGURATION IS RIGHT NOW, BASED ON THE SIZE OF THE LOT.
AND, AND THAT WAS DONE A WHEN, WHEN WAS THAT DONE AGAIN? LAST YEAR.
SO A YEAR AGO IT WOULD'VE BEEN WHAT HE'S ASKING FOR WOULD'VE BEEN ACCEPTABLE? NO, THE HEIGHT WOULD STILL BE REQUIRED, BUT THE, UH, THE SECOND VARIANCE WOULD NOT HAVE BEEN REQUIRED.
AND COMMISSIONER MAN, SO QUESTION FOR CITY STAFF.
SO, SO WE HAD LOTS OF DIALOGUE WITH REGARDS TO, UM, HALF STORY AND WHAT THAT, WHAT THAT'S DEFINED AS WE TALK ABOUT THE WEDDING CAKE DESIGN HERE.
UM, AND SO, SO WOULD THAT BE PERMITTED HERE WITH REGARDS TO THE HALF STORY? UM, IF HE HAD THE, THE TOP BUILDING BEING WITHIN THAT MAXIMUM SQUARE FOOTAGE OR THE REQUIRING THAT PERMIT AROUND THE SIDE? YEAH, BEFORE THE EVENT, BEFORE THE WEDDING KICKER CAN APPLY, IT WOULD HAVE TO GO 50 FEET, WHICH THIS PROPERTY, UH, WOULDN'T EVEN APPLY FOR IT 'CAUSE IT'S NOT BIG ENOUGH.
UM, AND THEN A CORRECTION, THIS IS, UM, THE MF 33 WOULD HAVE ALLOWED THE TWO AND A HALF STORIES.
AND WHAT ABOUT THE IMPERVIOUS COVER LIMIT? IS, IS THE, UH, 45% IMPERVIOUS COVER LIMIT IMPOSED? THAT'S ONLY FOR THE R ONE.
IT DID NOT APPLY TO THE ML 33.
UM, I'M, I'M LOOKING AT HOW THIS WOULD LOOK.
I MEAN, I KNOW THE LOT SMALL AND R ONE HAS THAT WITH ALLOWANCE, BUT IF, IF A LOT OF THE PREDOMINANT AMOUNT OF HOMES IN THE AREA ARE R TWO AND R THREE, DO THEY HAVE AN IMPERVIOUS COVER LIMIT AS LOW AS 45%? SO A LOT OF THESE ARE MOST LIKELY NON-CONFORMING LIKE THIS ONE IS, BUT BECAUSE HE IS DEMOLISHING, UH, HE'S GONNA LOSE THAT NON-CONFORMING.
BUT IF IT, BUT IF IT WAS, UM, DOES R TWO AND R THREE HAVE AN IMPERVIOUS COVER LIMIT? THEY DO, THEY DO.
SO I'M, I'M TRYING TO SEE IF, IF, IF THE APPLICANT'S REQUEST IS GONNA BE IN LINE WITH WHAT WE MIGHT SEE, UH, ELSEWHERE ON THE BLOCK, UH, POTENTIALLY.
UM, BUT AT 45% THE, THE HANDFUL OF OUR ONE LOTS THAT, THAT'S A LITTLE DIFFERENT THAN EVERYONE ELSE.
SO I JUST WANTED TO ASK, UH, ANY OTHER COMMISSIONER, UH, INQUIRIES? MANA COMMISSIONER, MAN.
SO QUESTION FOR, SO, SO WITH REGARDS TO THE FOOTPRINT OF THE EXISTING STRUCTURE, THE FOOTPRINT, UM, WITH YOUR PROPOSED ADDITION IS NOT CHANGING FROM THE EXISTING FOOTPRINT THAT IS ALREADY THERE.
IS THAT CORRECT? OR ARE YOU EXPANDING THE LOWER PART? THE BACK ROOM WOULD BE EXPANDED.
DO YOU KNOW HOW MUCH THAT'S BEING EXPANDED BY? UM, PROBABLY AROUND, UH, 75 SQUARE FEET I WOULD SAY.
SO DISTANCE WISE, SO, SO IT IS GONNA BE LONGER, I'M ASSUMING? YES.
IF YOU SEE THE BLUE, UH, BLUE AT THE BACK, UH, THAT'S EXACTLY THE DIMENSIONS THAT'S GONNA BE EXTENDED UP TO, BUT IT'LL REMAIN, UH, SORRY.
IF YOU SEE THIS, IF YOU SEE THIS OVER HERE, UM, IT'LL ACTUALLY EXACTLY BE IN THE PYRAMID OF FIVE FEET.
UH, IT'LL JUST BE EXTENDED THOUGH.
THE ROOMS WILL, THE ROOM WILL BE DEMOLISHED AND EXTENDED TO THIS, THESE BOUNDARIES.
SO, SO IF THERE WAS DIALOGUE WITH REGARDS TO THE EXPANSION BEING JUST OVER THE EXISTING SQUARE FOOT, THE EXISTING STRUCTURE, WOULD THAT, UH, I GUESS WHAT WOULD BE THE HARDSHIP FOR IT HAVING TO BE LARGER? SO HONESTLY IT'S NOT AT, IT'S NOT LIVABLE BECAUSE I HAVE A MOM AND A BROTHER WHO'S, UH, PHYSICALLY, UH, HE HAS, UH, IS DIFFERENTLY ABLED.
UH, I'M TRYING TO ACCOMMODATE THEM INTO MY HOME, UH, SO I CAN TAKE CARE OF THEM RIGHT NOW, THAT'S THE ONLY INTENTION HERE.
UM, THE, THE PROBLEM I HAVE WITH DRIVEWAY BECAUSE OF THE DRIVEWAY, THE, THE FRONT, THE, THE SIDE IS THE HOME IS REALLY NARROW FROM THE FRONT.
I NEED TO HAVE TWO ROOMS AT THE LEAST.
NOW, CURRENTLY AT THE BACK THERE IS THAT ONE ROOM, BUT I NEED ANOTHER ROOM LIKE, YOU KNOW, SO WITH, WITH SORT OF A DIFFERENT ENTRANCE.
UH, SO I'M TRYING TO BUILD ON TOP, WHICH IS, WHICH MAKES MOST SENSE TO ME RIGHT NOW.
AND SO YOU'RE DEMOING IT BECAUSE YOU HAVE TO INCORPORATE STAIRS AND OTHER ENTRANCES? YES, I WILL.
I MEAN WHEN I DO THE PERMIT I WILL DEFINITELY COME, I WILL DO THE STAIRS AND ALL THAT.
UH, ANY OTHER QUESTIONS? CRUZ? COMMISSIONER CRUZ? SO, UM, I UNDERSTAND THE STAIRS.
ARE YOU GONNA NEED A RAMP ANYWHERE IN THERE? NO, I WON'T NEED A RAMP, NO.
[01:40:01]
UH, IS THERE ANYONE SILENT TO SPEAK ANY VOICEMAILS? NO PUBLIC COMMENT.IF THERE'S NOTHING ELSE, I'M LOOKING FOR A MOTION BRAGMAN COMMISSIONER BRAGMAN, REGARDING CASE NUMBER BO OA DASH 24 DASH 0 3 0 0 0 7 4.
I MOVE TO THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR ONE OH HALF STORY VARIANCE FROM THE MAXIMUM ONE AND A HALF STORIES TO ALLOW A TWO STORY STRUCTURE AND TWO OF 20% VARIANCE TO THE MAXIMUM 45% OF THE LOT AREA REQUIREMENT TO ALLOW 65% BILLABLE AREA IN AN R ONE SITUATED AT 2 3 8 ROUND STREET.
APPLICANT BEING ALAN DEZA BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED.
SO THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST AS THE HEIGHT WILL BE LIMITED TO THE REAR STRUCTURE AND WILL ALLOW THE EXPANSION OF LOUISVILLE AREA OF THE RESIDENCE VERTICALLY TO AVOID ENCROACHMENT TO NEIGHBORING PROPERTIES.
TWO, DUE TO SPECIAL CONDITIONS OR LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
CHANGES TO THE PROPOSED DESIGN PLANS WOULD RESULT IN UNNECESSARY HARDSHIP AS THE LIMITED LOT SIZE RESTRICTS SINGLE STORY EXPANSION THAT WILL PREVENT THE APPLICANT FROM ENHANCING THE PROPERTY.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED.
THE SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED WITH THE VARIANCES BY ENHANCING FUNCTIONALITY AND MAXIMIZING PROPERTY USE OF THE RESIDENTS WITHOUT ENCROACHING TO NEIGHBORING LOTS.
FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT.
THE PROPERTY IS LOCATED, STAFF FINDS THE GRANTING OF THE VARIANCES WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED AS PROPOSED VARIANCES WILL HELP RESIDENTIAL FUNCTIONALITY WITH AN LIMITED LOT SIZE WHILE MAINTAINING A SINGLE STORY APPEARANCE ALONG THE STREET.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR VARIANCES SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS SUPPLY TO THE OWNER OF THE PROPERTY OF WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AS THE LIMITED LOT SIZE IS NOT CONDUCIVE WITH SINGLE STORY EXPANSION AND THE EXTINCTION STRUCTURE.
UM, I'LL BE IN SUPPORT OF THE MOTION.
UH, THIS IS A VERY LIMITED SIZE LOT, UM, AND IN ORDER TO ACCOMMODATE HIS, UH, FAMILY WITH SPECIAL NEEDS, UH, THIS LOOKS TO BE THE ONLY WAY THAT HE'S GONNA BE ABLE TO ACCOMPLISH IT.
SO I'LL BE IN SUPPORT OF THE MOTION.
COMMISSIONER CRUZ? YES, I CONCUR WITH, UH, MS. BRAGMAN.
I DON'T SEE A PROBLEM WITH THAT.
UH, ANYONE ELSE LIKE TO ADD? UH, I'M GONNA GO AHEAD AND JUST ADD THAT, UM, BECAUSE HE HAS, UH, SO MANY OTHER PROPERTIES THAT ARE R TWO AND R THREE THAT AREN'T AS IN INUNDATED WITH THE IMPERVIOUS COVER LIMIT.
AND THEY'RE ALSO ALLOWED TO BE UP TO TWO STORIES ALLOWING THIS, THIS ONE PROPERTY TO, TO DO THE SAME.
UH, WOULDN'T, WOULDN'T, WOULDN'T MAKE IT IN CONTRAST WITH THE NEIGHBOR.
I HAVE A ROLL CALL VOTE PLEASE.
SO I JUST HAVE TO ADD ONE POINT.
I CONCUR THE FINDINGS OF FACT.
COMMISSIONER TON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER MANA? I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER UNA? YES, I CONCUR.
AND I CONCUR WITH THE FINDINGS OF FACT.
IF YOU HAVE ANY QUESTIONS, YOU CAN, UH, CONTACT STAFF.
I JUST HOPE THAT WE INCLUDED THE RESTROOM BECAUSE I'M EXPANDING THE RESTROOM ON YOU.
YOU HAVE A, THE VARIANCE WE GAVE YOU WAS FOR THE IMPERVIOUS COVER AND YOU ALSO RECEIVED ONE FOR THE, UH, TWO STORY.
UH, SO AS LONG AS YOU STAY, UH, WITHIN THE SETBACKS, YES.
UH, YOU'LL BE OKAY AS FAR AS WHAT I CAN TELL.
UH, ALL RIGHT, ITEM NUMBER NINE.
ALL RIGHT, BO OA UH, ITEM NUMBER NINE IS BO O 8 24 1 0 3 0 0 0 77.
LOCATED AT 92 FLAN STREET, DISTRICT FIVE.
APPLICANT BE MR. MORALES IS FOR A HALF
[01:45:01]
STORY VARIANCE FROM THE MAXIMUM 1.5 STORIES TO ALLOW TWO STORY STRUCTURE ZONED.SUBJECT PROPERTY LOCATED ALONG FLAN STREET, NORTHWEST COMMERCE SOUTH OF WEST MARTIN, LOCATED IN PROSPECT HILLS NEIGHBORHOOD ASSOCIATION.
BEFORE CONSTRUCTION ON THE VACANT LOT, UH, APPLICANT WAS REQUESTING HAVE STORY VARIANCE TO ALLOW TWO FULL STORIES.
PROPERTY WAS PART OF THE 2023 LARGE AREA ZONING HAD CHANGED.
THE PROPERTY FROM MF 33 TO R TWO IS THE SITE PLAN.
SUBJECT PROPERTY STAFF RECOMMENDATION ON HOW STORY VARIANCE STAFF RECOMMENDS DENIAL AND BO OA 24 1 0 3 0 0 0 77 BASED ON THE FOLLOWING, FOUND THE FACT THAT TOWER STRUCTURE WILL IMPOSE ONTO THE ABUT PROPERTIES BY PROVIDING INACCURATE ACCESS TO LIGHT AND AIR.
THE REQUEST WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
32 NOTICES WERE MAILED OUT AND THEN RECEIVED IN FAVOR OR AN OPPOSITION AND PROSPECT NEIGHBORHOOD ASSOCIATION IS IN FAVOR.
IS THE APPLICANT PRESENT? ALL RIGHT.
UH, COME FORWARD, TELL US, UH, YOUR NAME AND ABOUT YOUR PROJECT, PLEASE.
UH, THANKS FOR, UM, MEETING WITH ME ON THIS, UH, VARIANCE THAT I'VE REQUESTED TO OBTAIN A ONE AND A HALF OR A TWO STORY HOME IN A ONE AND A HALF STORY.
UM, WHEN WE FIRST BOUGHT THE PROPERTY, THE PROPERTY WAS MF, SO WE WERE, OR I WAS UNDER THE IMPRESSION THAT I WAS ABLE TO BE ABLE TO BUILD A TWO STORY HOME LOT.
UM, APPARENTLY THE ZONING HAS CHANGED, UM, THE, UH, THE LOT AS YOU CAN.
I ACTUALLY WENT OUT THERE AND WENT TO SPEAK WITH THE, UH, RESIDENTS AND THEY WERE IN FAVOR OF, UH, ME CONSTRUCTING IN THAT LOT.
THE LOT ALREADY IS, AS YOU CAN SEE, UM, IT'S, IT'S FESTERED WITH RODENTS, UH, RODS AND RACCOONS.
AND ALSO THERE'S SOME DRUG ACTIVITY THAT HAPPENS THERE.
UM, AND THIS IS ME BEING TOLD BY THE RESIDENTS IN THE AREA.
UM, ALSO, UM, SOME OTHER ILLEGAL THINGS THAT ARE HAPPENING IN, IN THAT LOT THAT I WAS TOLD.
AND I WOULD THINK IT WOULD BE A GOOD, I, YOU KNOW, THEY WANTED ME TO BUILD RESIDENTS THAT APPEARS THAT THEY WERE IN FAVOR.
THERE ARE TWO, UH, PROPERTIES WITHIN THE 200 FOOT, UH, RADIO, UM, NOTIFICATION BOUNDARY THAT ARE TWO STORY, WHICH IS 25 0 3 WEST TRAVIS AND 26 23 SALINAS.
UM, WE ALREADY HAVE TWO STORY RESIDENCES THERE.
I I MEAN, UH, WITHIN, LIKE I SAID, WITHIN THE 200 FOOT, UH, RADIO NOTIFICATION BOUNDARY, UM, MOST OF THE RESIDENTS THERE THAT LIVE THERE ARE, ARE, ARE RENTERS.
UH, UM, I THINK, UH, I GUESS THAT'S MY CASE.
I DON'T
IS THERE ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? CRUZ, COMMISSIONER CRUZ.
SO RIGHT NOW THE PROPERTY IS EMPTY.
AND HOW LONG HAS IT BEEN EMPTY? DO YOU KNOW, SIR? I I MEAN IT'S ALWAYS BEEN EMPTY SINCE I BOUGHT IT.
HOW LONG, HOW LONG AGO WAS THAT? A YEAR IN A FEW MONTHS.
ANY OTHER QUESTIONS? ALL RIGHT.
UM, IS THERE ANYONE TIME TO SPEAK OR ANY VOICEMAILS? NOT PUBLIC COMMENT.
AND I DID SPEAK WITH THE BOARD, UH, PROSPECT HILLS, NOT THE BOARD, I'M SORRY, WITH THE, UH, PROSPECT HILLS, UH, ASSOCIATION.
UM, WE AGREED ON AMENDING TO THE ORIGINAL PLAT UH, APPLICATION WHERE I'M GONNA SHIFT THE LAYOUT OF THE, UH, STRUCTURE TO HAVE AN EIGHT FOOT BACK SETBACK LINE, WHICH IS ONE OF THE REQUESTS THAT THEY ASK FOR A STAFF.
WHAT IS A, UM, TYPICAL SETBACK FOR THE ZONING FOR THE R TWO IS FOR R TWO, THE FRONT SETBACK IS 10 AND THE SIDE AND REAR IS FIVE SIDE AND, AND REAR IS FIVE? CORRECT.
OKAY, BUT YOU'RE GOING TO AN EIGHT? YES, I AM.
WELL, THAT'S OUTSIDE OF OUR PURVIEW, BUT IT, IT'S NICE TO KNOW.
AND JUST, UH, REAL QUICK, IS THERE ANYBODY, BECAUSE WE DON'T HAVE ANYBODY SIGN UP TO SPEAK, WAS THERE ANYBODY WHO WANTED TO SPEAK FOR THIS? OH, IF YOU CAN SIGN IN OVER HERE, SIR, REAL QUICK.
YEAH, IF YOU CAN SIGN IN OVER HERE REAL QUICK.
[01:50:14]
HI.IN LOOKING AT THE SITE PLAN, I NOTICED IT WAS FIVE FEET IN THE BACK.
UH, SO I'M RUSSELL ON PRESIDENT HOMEOWNER ASSOCIATION.
FOSTER KILL AND, AND IN NEW CONSTRUCTION AS A DESIGN PROFESSIONAL, WE ARE TOLD THAT REAR SETBACK IS 20% OR WHATEVER THE LOT IS.
SO IN LOOKING AT THAT, UH, HE IS ALSO A, A DRAFTSMAN.
HE DID HIS OWN PLANS, BROUGHT HIM OVER TO ME AND SAID, LOOK, YOU KNOW, IN, IN A LOT THAT'S 78 FEET OR 79 FEET, MOST LIKELY THEY'RE GONNA HIT YOU UP FOR 20% AS A REAR YARD.
SO IT'S GONNA BE 14 FEET IN THE REAR AND HE HAS FIVE.
SO IF WE COULD COME UP WITH A LITTLE BIT EXTRA IN THE REAR THAT I WOULD SUPPORT, UH, THE TWO STORY TO HAVE MORE OF A BUFFER TO THE REAR HOUSE THAT'S IN BACK OF HIM.
SO WE, WE, WE MOVED THE HOUSE FORWARD THAT WAY WE GOT AN EXTRA THREE FEET, SO NOW WE'RE EIGHT FEET SO WE COULD HAVE A BETTER BUFFER FOR THE REAR.
AND I SAID, HEY, I DON'T HAVE FINE WITH THE TWO STORY, YOU KNOW, AS LONG AS WE HAD A LITTLE BIT MORE IN THE REAR AND HE AGREED TO IT.
SO THAT'S WHERE I'M AT AS FAR AS PROSPECT HILL.
UH, DOES THIS, UM, I GUESS THAT APPLICANT DID, ARE YOU PLANNING ON PUTTING IN A GARAGE? YES, I AM.
OKAY, SO YOU'LL HAVE A, YOU'LL HAVE A DRIVEWAY PARKING AND A GARAGE? YES.
YOU HAVE POTENTIAL FOR MORE CARS, I JUST WONDERING.
YEAH, WELL IT'S A, IT'S A ONE, IT'S TWO STORIES.
UH, RESIDENCE, ONE'S A RESIDENCE.
UM, SINCE IT'S IN TWO ALLEYS, IT'S, THERE'S NOT A LOT OF SPACE TO BARK.
I, THAT'S WHAT I WAS GETTING TO.
MR. CHAIR, I JUST HAD A COMMISSIONER ZUNA REGARDING, SO THE, THE, THE, UH, SETBACK REQUIREMENTS FIVE FEET, RIGHT? HE'S PROPOSING EIGHT FEET.
COULD WE IMPLY, IMPOSE THE EIGHT FOOT RESTRICTION ON HIM? OKAY.
SO HOW DO WE ENFORCE THAT? IF THAT'S SOMETHING THE HONOR SYSTEM, I'M GONNA RESUBMIT PLANS REFERENCE THE, UH, EXHIBIT THAT HE'S PROVIDING.
OH, THAT EXHIBIT HAS A FIVE FOOT, HAS A FIVE FOOT.
SO PROSPECT HILL, DO YOU UNDERSTAND THE QUESTION HERE? SO, SO YEAH, WHAT'S THE QUESTION? SO, SO THE POINT BEING MADE IS THAT, UM, WE CANNOT SPECIFY WITH REGARDS TO THE EIGHT FOOT VERSUS A FIVE FOOT.
AND SO IT IS FIVE FOOT BY, UM, BY RIGHT.
AND SO, SO IT'S BASICALLY A, A DIALOGUE BETWEEN YOU AND THE BILL HERE.
SO WE COULDN'T AMEND THE APPLICATION FOR THE, FOR THE EIGHT, NO.
SEE, AND I WANT TO HAVE MORE OF THAT IN THE REAR TO SUPPORT THE TWO STORY.
'CAUSE THAT'S A BIG STRUCTURE TO BE OVER OVERHANGING ON THE NEIGHBORS IN THE REAR.
YEAH, IT'S, IT'S, UM, THERE'S REALLY NOTHING WE CAN DO TO, UH, WITH, WITH REGARDS TO A MOTION OR, OR OR ANYTHING LIKE THAT.
UNLESS A, UNLESS THE APPLICANT WANTED JUST TO AMEND THAT THEIR SITE PLAN WILL BE AID EVEN THOUGH IT'S NOT SOMETHING THAT WE CAN, YEAH.
I'LL, I'LL ADJUST A SECOND POINT IF NEEDED.
AND MANNA AND ALSO COULD A DEED RESTRICTION, UH, THE APPLICANT PUT IN A DEED RESTRICTION THAT IS NOT MANAGED HERE, BUT THAT MAY BE ALSO ANOTHER AVENUE, YOU KNOW, THAT, THAT YOU CAN WORK WITH WITH REGARDS TO BEACON.
SO WITH THAT, UH, THERE'S NO OTHER QUESTIONS.
COMMISSIONER ZUNA, REGARDING CASE NUMBER BO EIGHT DASH 24 DASH 3 0 0 0 7 7, I MOVE AT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR A HALF STORY VARIANCE FROM THE MAXIMUM ONE HALF STORIES TO ALLOW A TWO STORY STRUCTURE SITUATED.
92 FLYING APPLICANT BEING, UM, MARIO WALA BECAUSE OF TESTIMONY PRESENTED TO US ON THE FACTS THAT WE DETERMINED, UH, SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC HAS AMENDED, WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRACT TO PUBLIC INTEREST.
STEPH FINES, HIS REQUESTS ARE NOT CONTRARY TO PUBLIC INTEREST.
A TWO STORY STRUCTURAL, NOT OPPOSED INTO, INTO THE, IN, INTO THE INTEREST OF THE SINGLE FAMILY RESIDENTIAL USES TOO DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THIS WOULD RESULT IN UNNECESSARY HARDSHIP AS THERE IS A LIMITED SPACING OF THE PROPERTY, UH, TO ABIDE BY THE REQUIREMENT.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE STAFF FINDS THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED.
AND SUBSTANTIAL JUSTICE WILL BE DONE BY ALLOWING A HALF STORY VARIANCE TO ALLOW FOR THE MORE ADEQUATE SQUARE FOOTAGE FOR A HOME ON THE LOT.
UH, FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE AS YOU SPECIFICALLY AUTHORIZED TO THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED.
NO, NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT COMPONENT PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THE PROPERTY IS LOCATED.
THE REQUESTED VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, APPLY TO THE OWNER OF THE PROPERTY FOR THE VARIANCE SOUGHT AS DUE TO THE UNIQUE CIRCUMSTANCE EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL OR NOT DUE TO OTHER RESULT OF GENERAL CONDITIONS.
AND THEN DISTRICT IN WHICH THE PROPERTY IS LOCATED, STAFF FINDS APPLIED TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SALT, IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE APPLICANT NOT HAVING
[01:55:01]
SUFFICIENT HEIGHT FOR THE PROPOSED USE.THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL AND A MOTION.
SO I WILL BE IN SUPPORT, UH, THE APPLICANT, UH, UH, IS GOING TO PROVIDE AS HE PROVIDED TESTIMONY, UH, THE NECESSARY BUFFER, UH, TO, UH, GET THE, UM, RECOMMENDATION FROM THE OO FROM THE NEIGHBORHOOD ASSOCIATION.
ADDITIONALLY, I THINK IT, IT IS A GOOD, UH, COMMERCIAL USE OF THE PROPERTY TO CONVERT THIS VACANT, UM, LOT, WHICH IS A NUISANCE TO THE NEIGHBORHOOD INTO A NEEDED RESIDENTIAL USE FOR THAT NEIGHBORHOOD AND AFFORDABLE HOUSING FOR THE, FOR THE NEIGHBORHOOD.
UM, AND FOR THAT, I'M SUPPORTING THE MOTION.
I DON'T SEE A PROBLEM WITH IT SINCE, UH, THE NEIGHBORHOOD ASSOCIATION IS SUPPORTING THIS.
ANYONE ELSE LIKE TO ADD HEARING UNANIM? HAVE A ROLL CALL.
COMMISSIONER UNA? YES, I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER VASQUEZ, I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
ALRIGHT, THE NEXT ITEM, UH, UNLESS ANYBODY WANTS A BREAK, WE'LL JUST KEEP MOVING.
WE'RE GONNA TAKE OURSELVES A SEVEN MINUTE BREAK.
WE'LL SEE ALL Y'ALL BACK AT 3 0 4.
UH, UH, BOARD OF JUDGE BACK IN THE SESSION.
ITEM NUMBER 10, BO OA DASH TWO FOUR DASH 0 3 0 0 7 8.
DISTRICT NINE, SORRY, APPLICANT BEING ERNESTO FLORES JR.
THE REQUEST IS FOR A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT CAR CARPORT SETBACK TO ALLOW CARPORT TO BE ONE INCH TO BE WITHIN A ONE INCH SETBACK.
THE SUBJECT PROPERTY IS LOCATED EAST OF HIGHWAY 2 81 NORTH OF THOUSAND OAKS DRIVE ON THE CORNER OF SUMMER WOOD DRIVE AND MOUNT JOYCE STREET ON MAY 12TH, 2022.
THE APPLICANT ALSO BEING THE PROPERTY OWNER WAS CITED BY CODE ENFORCEMENT FOR BUILDING A CARPORT WITHOUT A PERMIT ON MAY 19TH, 2022.
THE APPLICANT WAS ERRONEOUSLY ISSUED A RESIDENTIAL, UH, IMPROVEMENT PERMIT FOR THE CARPORT DUE TO AN ADMINISTRATIVE ERROR.
THE APPLICANT IS SEEKING A NINE FOOT 11 INCH VARIANCE TO ALLOW AN ATTACHED CARPORT TO BE ONE INCH FROM THE SIDE SETBACK OF THE PROPERTY LINE.
THE PERMIT IS PENDING THE BOARD OF ADJUSTMENTS DECISION AND THIS IS A SITE PLAN.
THIS IS AN ENCROACHMENT PERMIT SUBJECT PROPERTY.
THIS IS A VIEW FROM MOUNT TOY STREET AND SUMMER VIEW VIEW DRIVE INTERSECTION TOWARDS LILY CREST DRIVE,
AND THIS IS ACROSS FROM SUBJECT PROPERTY FROM THE, FROM MOUNT JOY AND THEN ACROSS FROM SUMMER WOOD DRIVE AND SURROUNDING AREA.
STAFF RECOMMENDATION FOR THE CARDBOARD SETBACK VARIANCE STAFF RECOMMENDS APPROVAL IN BO O DASH 24 DASH 0 3 78 BASED ON THE FOLLOWING FINDINGS OF FACT ONE, THE LOCATION OF THE CARPORT POSES NO HINDRANCE TO THE DRIVEWAY, CLEAR VISION NOR IMPEDES NEIGHBORING PROPERTIES TO THE ATTACHED CARPORT.
ONE INCH SETBACK WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
NINE WERE IN FAVOR, ONE WAS IN OPPOSITION, AND NO REGISTERED NEIGHBORHOOD ASSOCIATION IS WITHIN 200 FEET OF THE SUB OF THE SUBJECT PROPERTY.
AND THESE ARE IN FAVOR AND OPPOSITION.
THIS CONCLUDES SAS PRESENTATION AN APPLICANT IS AVAILABLE FOR, UM, APPLICANT IS AVAILABLE.
ALL RIGHT, IS THAT THAT APPLICANT COME FORWARD.
HELLO, STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT.
[02:00:01]
FLORES JR.I'M PROPERTY OWNER AT 1 7 0 2 MOUNT JOEY STREET IN SAN ANTONIO.
SO, UM, THIS CART PORT WAS PLACED, UH, UP AND, UH, BUILT IN 2020.
AND I HAD BEEN RECEIVING COMPLAINTS FROM A NEIGHBOR SOMEWHERE CALLING IN, UH, CODE COMPLIANCE.
AND EVERY TIME A CODE COMPLIANCE CAME OUT, I MET WHATEVER WAS REQUESTED OF ME TO TRY TO MEET THAT.
THIS, I BELIEVE IS THE FINAL STAGE TO ALLOW ME TO GO AHEAD AND ONE, KEEP MY CARPORT AND TO, UH, STOP GIVING ME ADDITIONAL HARDSHIPS.
EVERY TIME THAT CODE COMPLIES HAS COME OUT, I'VE HAD A FINANCIAL HARDSHIP TO MEET THAT MINIMUM.
AND SO I'M HERE ASKING FOR, UH, THIS TO BE, UH, APPROVED AND GRANTED.
IS THERE ANY, UH, COMMISSIONER QUESTIONS FOR THE APPLICANT? UM, I HAVE A QUESTION FOR STAFF.
IS THESE STREETS, IF I'M NOT MISTAKEN, THEY'RE 60 FOOT RIGHT OF WAY STREETS? I CAN CHECK.
I, MY INTERNET'S SO SLOW, I CAN'T LOOK, IT'S NOT COMING UP.
BUT, UH, WHERE I'M GOING WITH THAT IS, IS, UH, THIS IS KENTWOOD MANOR I BELIEVE.
AND, UM, AND THERE'S NO SIDEWALKS IN THIS.
AND I'M, AND I THINK THAT THE, THAT THE, UH, THE STREETS ARE 60 FEET.
SO IF THEY, IF IF HE'S VERY, VERY CLOSE TO THE PROPERTY LINE, THEN IT'S STILL, STILL GOT SOME ROOM TO THE ASPHALT.
UH, ALSO, UH, I DON'T RECALL THERE BEING THE TYPICAL UTILITY EASEMENT THAT RUNS ALONG, UH, THE PROPERTY THERE IN THIS NEIGHBORHOOD.
I THINK IT WAS PLATTED BACK IN THE FIFTIES.
IT IS SHOWING A 40 FOOT RIGHT OF AWAY.
THAT'S NARROWER THAN I WOULD'VE IMAGINED.
DO YOU KNOW THEN, UH, THIS, THAT ENCROACHMENT AGREEMENT OBVIOUSLY, UH, PUSHES IT BACK A LITTLE BIT FURTHER.
THERE'S AN ENCROACHMENT AGREEMENT, UH, WITH, UH, WITH THE CITY OF SAN ANTONIO, UM, THAT THERE WERE, BECAUSE THEY INITIALLY BUILT OUTSIDE THEIR PROPERTY LINE, UM, THE, UH, PLANT DEPARTMENTS, UM, REAL ESTATE FOLKS, UM, APPROVED THIS.
AND IS THERE ANY, UH, CONFLICT WITH ANY UTILITY EASEMENTS? UH, NONE.
UM, IS THERE ANY QUESTIONS FROM THE COMMISSION, MA'AM? COMMISSIONER MADIS? SO, SO I'M LOOKING AT, UM, I GUESS THE SITE PLAN AND IT SHOWS, UM, OR THE, UH, THE SUBMITTAL AND IT SHOWS THE ONE, THE OVERHEAD AND IT SHOWS TWO NUMBER ONES THERE.
AND SO, SO THIS REQUEST IS, SO IT LOOKS LIKE, AND IT DOES APPEAR THAT ONE IS CLOSER TO SUMMER WOOD THAN THE OTHER.
UM, AND SO, SO IS IT JUST THE ONE THAT'S ON THE, UH, LEFT OF THIS PICTURE THAT IS TRULY, UH, THE ONE, SO, SO IF YOU CAN GO TO THE NEXT SLIDE.
SO, UH, IF YOU CAN, I DUNNO IF YOU CAN MAKE THAT BIGGER.
UM, SO BOTH CARPORTS ARE ENCROACHING, THE ONE ON THE LEFT, UH, IS ENCROACHING A LITTLE BIT MORE.
SO BECAUSE THIS ENCROACHING AGREEMENT, IT STOPS WHERE THE CURRENT CARPORT IS.
THAT'S WHERE THE, UM, THAT'S WHERE WE'RE BASING THE SETBACK OFF OF NOW, EVEN THOUGH THEY'RE NOT THE SAME BASED ON THE ENCROACHMENT AGREEMENT, THIS IS WHERE WE HAVE TO, THIS IS OUR STARTING POINT.
WELL, I GUESS I, YOU KNOW, SO, SO WE HAVE TWO STRUCTURES THERE.
AND SO, SO CAN WE SPECIFY ENCROACHMENT ON ONE STRUCTURE BEING WHAT IT IS? AND THE SECOND ONE, YOU KNOW, BASICALLY THEN BOTH OF THEM REMAINING THE CURRENT ENCROACHMENT, I GUESS, CORRECT.
YEAH, I MEAN, THIS ENCROACHMENT AGREEMENT DOES THAT BECAUSE THEY CANNOT GO FURTHER THAN THIS ENCROACHMENT AGREEMENT.
UM, IT'S ASSOCIATED WITH THE SITE PLAN WITH THE ENCROACHMENT AGREEMENTS.
SO IT DIDN'T, SO, SO RIGHT NOW WE'RE, WE'RE HAVING DIALOGUE WITH REGARDS TO A ONE INCH SETBACK.
AND SO WHAT DOES ONE INCH SETBACK POTENTIALLY ALLOW FOR THE ONE ON THE RIGHT SIDE TO INCREASE IN SIZE? NO, BECAUSE OKAY.
THEY'RE SHOWING THE DIFFERENT, UH, SIZE OF THE CARPORTS HERE AND IN OUR SIDE PLAN.
NOT, NOT QUITE UNDERSTANDING HOW THAT IS, BUT OKAY.
I'LL, I'LL JUST TAKE YOUR WORD THAT, UH, IT, IT CAN'T BE BUILT OTHER THAN WHAT IT OCCURRED SHOWING.
THERE'S IF, UM, ANY PUBLIC COMMENTARY VOICEMAILS, UH, WE HAVE THREE VOICEMAILS AT ONE SPEAKER.
ALL RIGHT, LET'S START HEARING THE VOICEMAILS.
LAURA DANIELS, I AM AT 18 0 18 0 2 POPPY PEAK.
MY CALLBACK NUMBER IS 2 1 0 6 6 9 22 22.
THIS IS REGARDING LAST THREE DIGITS OH SEVEN EIGHT.
TOTAL CASE NUMBER IS 0 8 24 DASH 1 0 3 0 0 0 7 8.
I'M CALLING REGARDING THE BOARD OF ADJUSTMENT REQUEST AT 1702
[02:05:01]
MOUND JOYCE STREET.IT IS ENCROACHING INTO CITY EASTMAN INTO THE NEIGHBOR.
THIS IS, UH, ALSO A VISUAL NUISANCE.
CITY CODE FAILED TO RESPOND TO THE NOTIFICATION OF THIS CONSTRUCTION GOING UP, AND THEY ISSUED A PERMIT AFTER THE FACT AFTER THIS WAS COMPLETED.
SO LET FOR THE RECORD BE KNOWN THAT I AM, WE WANT THIS DOWN.
I AM OPPOSING TO THIS BOARD OF ADJUSTMENTS REQUEST AGAIN.
CALLBACK NUMBER IS 2 1 0 6 6 9 2 2 2 2.
THIS IS FOR CASE ENDING IN 0 7 8.
CALLBACK NUMBER IS 2 1 0 6 6 9 2 2 2 2.
THANK YOU, POSSEN AT 1 7 2 7 SUMMER WOOD.
I'M CALLING, UH, UH, TO, UH, LEAVE A VERBAL ABOUT A CASE ENDING IN 0 7 8.
THAT'S GONNA BE HELD MONDAY MORNING AT 10 O'CLOCK.
UM, THIS PERTAINS TO A CARPORT THAT'S LOCATED THREE FEET OFF OF THE STREET THAT I, ON WHICH I LIVE.
WHEN THE HOUSE FACES, UH, AN ADJOINING STREET, IT WAS BUILT WITHOUT A PERMIT.
IT WAS THEN, UH, THEY TRIED TO, UH, HIDE IT AS ANOTHER PERMIT THAT THEY WERE DOING WORK ON.
UH, THAT WITH THAT THEY ALL, UH, ANOTHER CAR FORCE, THEY BUILT TWO CARPORTS AND ONLY, UH, BOUGHT A PERMIT FOR THIS AFTER IT WAS BROUGHT UP THAT THE TWO DIFFERENT CARPORTS DIDN'T, DIDN'T, UH, COULDN'T BE PUT UNDER ONE.
THAT, THAT'S TWO DIFFERENT JOBS.
SO THE END OF THE CARPORT IS, UH, THREE FEET OFF OF THE MAIN STREET WHEN THE SETBACK IS THE MEASURED SETBACK IS 18 FEET, SUPPOSED TO BE FROM THE STREET.
AND I'M OPPOSED TO THIS, UH, THIS IS THE SUBJECT PROPERTY IS 1702 MOUNT JOY STREET BLOCK ONE BLOCK NINE N CCB 14 8 1 3.
AND I'M ABSOLUTELY AGAINST A REQUEST FOR A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT CARPORT SETBACK WHEN YOU ALL DO NOT FOLLOW YOUR OWN RULES.
THIS IS, THIS IS A BIG PROBLEM.
YOU NEED TO HAVE A CONSISTENT RULING ON PERMITS AND THINGS THAT ARE NOT BUILT IN ACCORD.
UH, THIS IS A GOOD WAY OF HANDLING IT.
THE, THE VARIANCE, UH, SYSTEM, ALTHOUGH, UH, 200 FEET IS STUPID, DON'T BE STUPID.
MAKE THIS A 1500 FOOT SETBACK, UH, VARIANT.
UH, CUSTOMERS FROM 1500 FEET SHOULD PUT THEIR INPUT IN ON THE NEIGHBORHOOD WHICH THEY LIVE.
NOT FIVE PEOPLE BECAUSE IT'S 200 FEET.
SO, UH, I I, THIS IS, THIS IS WHAT I'M, I'M OBJECTING TO AND MY VOTE IS DEFINITELY NO ON ALLOWING THEM A
MY ADDRESS IS 1803 SUMMER WOOD DRIVE.
UH, THE CASE NUMBER IS BOA 2 4 1 0 3 0 0 0 7 8.
I'M LEAVING THIS VOICEMAIL TO EXPRESS MY OPPOSITION TO THE REQUEST OF ADJUSTMENT TO THE SETBACK ON, UH, 1702 MOUNT JOY STREET.
ITS PROPERTY IS ACTUALLY LOCATED ON THE CORNER OF MOUNT JOY AND SUMMER WOOD WITH THE STRUCTURE IN QUESTION LOCATED ON SUMMER WOOD DRIVE.
SUMMER WOOD DRIVE IS A MAJOR THOROUGHFARE INTO KENTWOOD MANOR, AND WITH ONE EXCEPTION, IT INTERSECTS EVERY STREET IN KENTWOOD MANOR.
THIS STRUCTURE IS NOT ADJACENT TO PRIVATE PROPERTY.
IT IS ENCROACHING ON A PUBLIC STREET.
ALLOWING THIS ADJUSTMENT WILL CREATE A PRECEDENT FOR FUTURE REQUESTS OR SOMETHING COULD BE BUILT WITHIN ONE INCH OF PUBLIC OR PRIVATE PROPERTY THROUGHOUT KENTWOOD MANOR.
UNFORTUNATELY, THIS REQUEST IS BEING MADE BECAUSE PROPER PERMITTING WAS NOT FOLLOWED.
AND AFTER THE CONSTRUCTION HAS BEEN COMPLETED TO MAINTAIN PROPERTY VALUES AND THE CHARACTER OF THE NEIGHBORHOOD, THE ORIGINAL SETBACK SHOULD BE ENFORCED AND THE STRUCTURE BE ADJUSTED TO BE IN COMPLIANCE.
UH, CELL PHONE IF YOU NEED IT.
UH, MS. MALCOLM, YOU CAN STATE YOUR NAME AND ADDRESS AND MAKE YOUR COMMENTS.
I LIVE AT 1 6 9 1 1 MOUNT EVEREST IN KENTWOOD MANOR.
[02:10:02]
ALL RIGHT.WELL, UM,
UM, I'VE LIVED IN KENTWOOD MANOR FOR 36 YEARS.
UM, I'M A PROPERTY OWNER AND HOA REPRESENTATIVE AND PRESIDENT BECAUSE NOBODY WANT ELSE WANTS THE JOB.
KIM BRAGMAN, SHE USED TO LIVE OUT IN OUR AREA.
UM, SHE'S PROBABLY WELL AWARE THAT THIS SUBDIVISION IS ONE OF 18 COUNTY STANDARD SUBDIVISIONS IN THE CITY OF SAN ANTONIO IN DEALING WITH THE CITY OF SAN ANTONIO OVER THE PAST 36 YEARS.
WITH REGARD TO CODE COMPLIANCE ISSUES, THE CITY'S RESPONSE IS IN QUOTE, PERMITS ARE ISSUED DUE TO THE CODE ENFORCEMENT OFFICER NOT KNOWING WHAT THE SETBACK LINES ARE DUE TO THE NON CURB NARROW PAVED AREAS OF THE COUNTY STANDARD STREETS.
THIS IS HISTORIC OF ALL THE 36 YEARS I'VE LIVED THERE AND ANYTHING THAT AFFECTS, UM, WHERE YOU NEED CODE COMPLIANCE TO COME OUT AND VERIFY, THEY'VE ALWAYS GOT A DIFFERENT ANSWER.
I'VE SPOKE WITH SEVERAL PEOPLE THROUGHOUT THE CITY PERMITTING DEPARTMENT, AND THEY SAY THAT, WELL, YOU KNOW WHAT? THOSE COUNTY STANDARD SUBDIVISIONS ARE JUST SO HARD TO FIGURE OUT.
THERE'S NO SET OF STANDARD YET.
THE CITY GOES OUT INTO VERDE, UH, OAKLAND STATES OUT OF BABCOCK HENER OVER THE YEARS.
ANNEX IS COUNTY STANDARD PROPERTY THAT HAS NARROW, NARROW STREETS, NOT CURB, NOT PAVED.
OAK TREES MIGHT GO OUT TO THE PAVED AREA.
IT'S A DISASTER FOR THE CITY, AND I GET THAT.
BUT AS LA LARSON, A NEIGHBOR AND DEAR FRIEND, HIS GRANDFATHER THAT USED TO BE HIS RIDING AREA OF HORSE SINKS AND STUFF LIKE THAT, AND HE SAID, SANDRA, I'M COUNTY COMMISSIONER AT THAT TIME, AND I KNOW EXACTLY WHAT YOU'RE TALKING ABOUT, BUT WHAT I WOULD PROPOSE IF I WERE YOU, IF YOU'RE GONNA STAY IN THAT NEIGHBORHOOD, YOU GET THE CITY AND COUNTY TO MEET TOGETHER AND SAY, LOOK, IF WE'RE GONNA ANNEX COUNTY PROPERTY, THE GUIDELINES ARE, IF IT HAS A PIPE UNDER THIS, THE DRIVEWAY AND BAR DITCHES IN THE FRONT FOR WATERSHED COUNTY PROPERTY, YOU HAVE TO FOLLOW THESE COUNTY STANDARDS FOR IMPROVEMENTS AND REPAIR AND MAINTENANCE.
AS A RESULT OF THAT NOT HAPPENING, I GOT $12 MILLION AFTER 12 YEARS OF TRYING TO GET A BOND PROGRAM TO DIVERT WATERSHED THAT WAS FLOODING NINE HOUSES OUT THERE ON MY SIDE OF KENTWOOD MANOR.
ONE OR TWO HOUSES HAD FOUR TO EIGHT INCHES OF WATER IN THEM BECAUSE EROSION, THE SHOPPING CENTER THAT'S BUILT AT 1604 AND 2 81, IT RAN OVER THE RETENTION PONDS.
AND WHERE DID IT GO? WHEREVER THE FASTEST WAY DOWNHILL IS, IT'S BEEN A MESS.
THE SAD PART IS, COUNTY STANDARD SUBDIVISIONS ARE GREAT, BUT IF THE CITY DOESN'T GET TOGETHER, AS LONG AS I'M LIVING THERE, I'M GONNA HAVE THESE SAME PROBLEMS. AND BEING PRESIDENT, I'VE GOT A STACK OF CODE COMPLIANCE PERMITTING THAT'S ALL OVER THE PLACE.
AND WORST OF ALL, WELL YOUR, WE DID NOT GET THE INFORMATION.
YEAH, THEIR TIME, YOUR TIME IS IS UP, BUT WE'LL SEE.
SO I'M HERE TO SAY I HAVE, HOLD ON.
WE, WE WILL SEE IF WE HAVE ANY QUESTIONS FOR YOU.
SO, UM, WHERE, WHERE IS UTILITIES, UH, ALONG YOUR STREETS? YOU HAVE HAVE OVERHEAD UTILITY POLES.
I MEAN, THAT'S A GOOD QUESTION.
AND THE REASON IT'S VARIABLE IS BECAUSE NONE OF OUR STREETS ARE THE SAME WITH ALL OVER.
WE'VE GOT SOME SHOULDERS THAT PA PAVING NEVER HAPPENED.
A CONTRACTOR IS HIRED BY THE CITY TO COME OUT AND REPAY.
ONCE WE HAD $12 MILLION WORTH OF NEW WATER LINES, WHICH AGAIN, THE BOTTOM LINE, IT'S ALL VARIABLE.
WAS THIS BACK IN THE, UH, LIKE 1999, 2000? YES, 2000, ACTUALLY 2006 WHEN IT WAS ACTUALLY FUNDED.
I, I, I THINK I, I THINK I HELPED ON A SMALL FLOOD STUDY BACK THEN.
I'M AWARE OF THE DRAINAGE ISSUE,
WE STILL GOT THREE MORE TO GO.
THERE, THERE IS, UM, IT IS TYPICAL FOR A COUNTY STREET WITH BARIA TO HAVE A 60 FOOT RIGHT OF WAY THAT, AND WE DON'T HAVE THAT.
THAT'S WHY I WAS CONFUSED WHY THIS WAS SO NARROW.
SO YOU DON'T, YOU DON'T, YOU DON'T RECOLLECT, UH, WHETHER SUNWOOD HAS OVERHEAD UTILITY POLES.
UM, YES WE DO ON THAT STREET, YES WE DO.
I PULLED UP THE, UH, PLAT, THE PLAT IS SHOWING A 60 FOOT RIGHT OF WAY EVEN THOUGH THE, UH, CITY ONE STOP MAP IS NOT OKAY.
I MEAN IT'S, YEAH, THERE'S A LOT OF DISCREPANCIES YOU'LL FIND
THE REASON WHY I ASK IS IT IF IT, IF IT SHOWS A SIX FOOT RIGHT AWAY, THEN THE ENCROACHMENT AGREEMENT IS, IS MORE THAN I SUSPECT.
'CAUSE THAT ROAD IS PROBABLY 30 FEET OR LESS.
THEY JUST SEEM TO ME MERGE IT TOGETHER TO MAKE IT ALL LOOK GOOD.
UH, IS THERE ANY OTHER QUESTIONS? UH,
[02:15:01]
YOU KNOW, FOR THE SPEAKER, COMMISSIONER BAGLEY, I HAVE A QUESTION FOR STAFF.OF THE, UH, CALLS THAT WERE MADE, HOW MANY WERE IN THE 200 FOOT RADIUS? IT SEEMED LIKE MOST OF THEM WERE NOT.
IS THAT CORRECT? ONE, ONE SECOND.
NO, WELL, WE'LL SEE IF WE HAVE ANY QUESTIONS FOR YOU.
1802 IS NOT WITHIN THE 200 FEET.
UM, 1727 IS, UH, IT IS, UH, ONE OF 'EM IS WITHIN THE, UH, 200 FEET AND THE LAST ONE IS NOT.
SO ONE OF 'EM ONE OUT OF THREE.
SO IF THERE'S NO OTHER QUESTIONS FOR THE SPEAKER, UH, IF YOU COULD PLEASE HAVE A SEAT, WE'LL BRING THE APPLICANT BACK UP.
SO I DO HAVE MR. SO, SO A QUESTION, YOU KNOW, DID YOU REACH OUT TO THE REST OF YOUR COMMUNITY TO KIND OF GET THEIR INPUT AS WELL? WELL, UH, WITHIN THAT VERY LIMITED TIME, I WASN'T EVEN NOTIFIED THAT THIS VARIANCE WAS COMING UP.
THAT'S STILL THE COMMUNICATION.
BUT IN MY EFFORTS, I'VE GOT 32 PETITIONS.
THE SIMPLE REASON THESE PETITIONS ARE WE'VE GOT TO GET THE CITY CODE TO ENFORCE CODE COMPLIANCE.
AND YOU CAN HAVE THOSE, IT'S, THEY CAN PROJECT SOME OF THOSE.
AND AGAIN, NO, THAT STREET HOLD SECOND, THEY'RE GREAT NEIGHBORS.
THEY'RE ALL WANTING TO DO THE RIGHT THING, BUT IT SETS A PRECEDENT.
LET FOR ALL THESE, LET THEM PROJECT SOME OF THOSE UP.
THESE ARE, I, COULD YOU HAVE ANOTHER QUESTION? YES, I HAVE MORE QUESTIONS.
SO, SO MISS UH, MISS MALCOLM, MALCOLM, UH, WE HAVE ANOTHER QUESTION FOR YOU.
BUT I WILL GIVE THESE BACK, RIGHT? MM-HMM,
IF YEAH, IF YOU COULD LEAVE THOSE WITH THE STAFF, THEY'LL SHOW THEM ON THE SCREEN WHILE THEY'RE ASKING YOUR QUESTIONS.
ANOTHER THEY NEED YOU BACK AT THE PODIUM.
SO AND SO, SO I'M THE PRESIDENT OF A NEIGHBORHOOD ASSOCIATION ACROSS FROM OAKLAND STATES.
SO, UM, AND SO THE QUESTION THAT I HAVE IS, SO IS YOUR NEIGHBORHOOD REGISTERED WITH THE CITY WITH REGARDS TO SO NEIGHBORHOOD ASSOCIATION? YES, I'M VERY MUCH, YES.
AND THEN, UM, THAT'S, THAT'S WHAT I NEED TO KNOW.
SO A LOT OF THESE PETITIONS ARE, THEY'RE DATED IN AUGUST, RIGHT? UM, BUT THIS CASE, THIS CASE WASN'T AROUND AT THIS POINT.
WHAT IS THIS PETITION? HOW DOES THIS PETITION RELATE TO THIS? IT, BECAUSE, OH GOSH, IT'S A LONG STORY, BUT I'LL SUMMARIZE.
THESE PETITIONS ARE, AS A RESULT OF YEARS OF US TRYING TO GET CONFORMITY AND HOW WE CAN COORDINATE WITH THE CITY TO HELP EDUCATE SO THAT WE, WE DON'T HAVE THESE KINDS OF PROBLEMS THAT EVERYBODY'S IN COMPLIANCE AND WE'VE GOT TRAFFIC ISSUES FROM PARKING, WE'VE GOT COMMERCIAL ARBORISTS WITH LOTS OF, UH, NOISY BUSINESSES MOVING IN.
AND IT'S JUST A, A QUANDARY OF DIFFERENT TYPES OF ISSUES.
AND THE PROBLEM IS WE'RE NOT GETTING CONSISTENCY IN SUPPORT FROM THE CITY OR EVEN RE QUICK RESPONSE.
WELL WE, SO THIS WAS THE MEASURE TO SAY, FOLKS, WHAT DO YOU WANT? WELL, WE WANT DON'T KNOW IF THAT, I DON'T KNOW THAT YEAH, WE HAVE TO BE CAREFUL 'CAUSE WE'RE PETITION IS EVEN RELEVANT TO THIS CASE.
WE'RE, WE'RE HERE FOR A VERY SPECIFIC ISSUE.
YES, I KNOW YOU WOULD SAY THAT, BUT IT'S REAL IMPORTANT TO KNOW THAT THIS IS OUR FIRST TIME TO GET AN AUDIENCE TO SAY THESE VARIANCES WOULDN'T HAVE TO HAPPEN IF WE COULD GET SOME CONSISTENT CITY COUNCIL UH, CODE.
WELL, WHAT, WHAT'S AND ALL THOSE AREAS OF SUPPORT THIS, THIS COMMISSION IS, IS HAS HEARD YOUR TESTIMONY AND WE UNDERSTAND THAT, THAT THAT, UH, THERE'S A LOT OF PEOPLE IN YOUR NEIGHBORHOOD WHO WOULD LIKE THE RULES FOLLOWED AND THAT'S RIGHT.
SO IF WE CAN HAVE THE APPLICANT COME BACK UP, PLEASE.
AND MR. CHAIR, JUST TO ADDRESS THAT, WE ARE HAPPY TO GO OUT TO THEIR NEIGHBORHOOD ASSOCIATION MEETINGS AND HELP EDUCATE THEM ON THE CODES AND REGULATIONS THAT THE CITY OF SAN ANTONIO IMPLEMENTS.
SO I CAN SHARE MY CARD WITH HER AFTER THE MEETING.
SO, SO FOR THE CITY, SO ALSO, UH, DURING THE CASE PRESENTATION, IT SAID THAT THERE WAS NO NEIGHBORHOOD ASSOCIATION ASSOCIATED WITH THIS.
AND SO, UM, THERE'S NOTHING REGISTERED, UH, THAT CAME UP.
BUT WE WILL MAKE SURE THAT THEY GET IN TOUCH WITH THE, UH, VOLUNTARY.
SO WHAT WE CAN DO IS JUST HELP THEM UNDERSTAND, UH, REQUIREMENTS FOR REGISTERED NEIGHBORHOOD ASSOCIATION TO SEE IF THAT IS SOMETHING THEY WOULD SO THEY AREN'T REGISTERED, THEY
[02:20:01]
AREN'T REGISTERED WITH THE CITY IS, IS, YEAH.AND I, AND I'LL ADD ON TO THAT.
SO I'M PRESIDENT OF MY HOA AND I WAS ON THE CITY REGISTER FOREVER.
I CHECKED YESTERDAY AND ALL OF OUR NEIGHBORHOODS ARE GONE.
SO THEY WANT, I DIDN'T REAL, I DIDN'T REALIZE THAT EVERY YEAR I HAD TO GO BACK ON THERE AND RE-UP IT.
I BELIEVE COMMUNICATIONS AND ENGAGEMENT HAS DONE A PROACTIVE APPROACH TO EDUCATE EVERYONE THAT THEY NEED A YEARLY UPDATE, UM, IS WHAT I UNDERSTAND.
SO IF I CAN JUST POINT OUT YES.
MR. SA VOLUNTARY ASSOCIATION THAT THE, THE, THAT THE HOAA EXPIRED QUITE A LONG TIME AGO.
BUT THE NEIGHBORHOOD DID NOT NO, THE NEIGHBORHOOD IS THERE, BUT THE, THE HOA I'M GONNA EXPIRED QUITE A LONG TIME AGO.
I'M, I'M GONNA GO, UH, I'VE GOT SOME QUESTIONS I'M GONNA ASK ON THIS.
SO I NOTICED THAT YOU'RE, YOU HAVE AN EXISTING DRIVEWAY WITH A SUBSTANTIAL DEPTH, UM, OFF OF, OFF OF, UH, THE MOUNT JOY, I BELIEVE.
BUT THEN YOU HAVE A, A DETACHED GARAGE THAT'S ACCESSED OFF OF SUMMER WOOD, WHICH IS CORRECT.
BUT THE OTHER CARPORT IS JUST ATTACHED TO THE HOUSE.
SO HOW MANY PARKING SPACES ARE, ARE YOU IN NEED OF OUT THERE? WELL, UM, I'M USING THE ONES UNDER THE CARPORT.
AND THE REASON THAT THE CARPORTS WERE BUILT IS BECAUSE I DIDN'T KNOW ABOUT HAIL IN TEXAS.
WELL WHY DIDN'T YOU BUILD A CARPORT ON YOUR DRIVEWAY OFF OF, UH, MOUNT JOY? I HADN'T THOUGHT ABOUT THAT, BUT NOW THAT YOU BROUGHT IT UP, IT NOW BECOMES A POSSIBILITY.
POSSIBLY IF I GET A BOAT, JUST SOMETHING TO BE ABLE TO COVER.
WELL, I'M, YEAH, I'M JUST, I'M JUST CURIOUS THAT YOU HAVE AN EXISTING, YOUR FRONT ENTRY, YOUR, IT LOOKS LIKE A SUBSTANTIAL DRIVE.
I WAS JUST WONDERING WHY YOU HAVE TWO CARPORTS ON THE STREET THAT DON'T INCLUDE YOUR DRIVE.
OH, BECAUSE I'VE GOT MULTIPLE CARS THAT PARK THERE.
I'VE GOT A COUPLE OF SONS AND A SISTER THAT COME OVER VISIT ON THE WEEKENDS AND WE TAKE UP ALL THOSE SPOTS.
SO IF THERE'S NO OTHER QUESTIONS, ANYTHING YOU'D LIKE TO CLOSE WITH AFTER HEARING A LOT OF, UH, COMMENTARY, UM, ALL ABOUT THE HOA BEING VOLUNTARY, THAT'S EXACTLY WHY WE PURCHASED THAT PARTICULAR HOUSE BECAUSE IT WAS VOLUNTARY.
UH, THIS YOUNG LADY DID APPROACH ME TO JOIN THE HOA, WHICH I REFUSED AND I THINK WE HIT IT OFF BAD.
AND SINCE THEN, I'VE BEEN GETTING MULTIPLE CALLS FROM CODE ENFORCEMENT BEGINNING BACK IN 2020.
ALRIGHT, WELL THANK YOU VERY MUCH.
I'M LOOKING FOR A MOTION BRAGMAN COMMISSIONER BRAGMAN, REGARDING CASE NUMBER BO OA DASH 24 DASH 0 3 7 8.
I MOVE THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT CARPORT SETBACK TO A CARPORT WITH A ONE INCH SETBACK SITUATED AT 1702 MOUNT JOY STREET.
APPLICANT BEING ERNESTO FLORES JR.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS N PROPERTY IS SET THROUGH A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT, ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST.
THE REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST, AS THE CARPORT WILL NOT IMPEDE ON THE DRIVEWAY CLEAR VISION REQUIREMENT.
TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT HAVING TO RECONSTRUCT THE ATTACHED CARPORT TO BE 10 FOOT FROM THE SET FROM THE SETBACK, WHICH WOULD RESULT IN UNNECESSARY HARDSHIP AS THE CARPORT WOULD NOT PROVIDE THE COVERAGE NEEDED FOR VEHICLES.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE STRUCTURE WILL BE ONE INCH FROM THE PROPERTY LINE, WHICH OBSERVES THE SPIRIT OF THE ORDINANCE AS THE CARPORT POSES NO HINDRANCE TO THE DRIVEWAY, CLEAR VISION OR IMPEDES THE NEIGHBORING PROPERTIES.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED AND NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
IF GRANTED, THE ATTACHED CARPORT ONE INCH FROM THE SETBACK WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR 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, ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS THE P TO THE OWNER OF THE PROPERTY, WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AS THE CORNER LOT LIMITS THE LOCATION OF CARPORT ON THE, ON THE PROPERTY.
SECOND BY COMMISSIONER AMANDA, COMMISSIONER BRAGG.
UM, SO I'M GONNA BE IN SUPPORT OF THE MOTION.
AS STAFF POINTED OUT, THE LOCATION DOESN'T, UH, POSE A HINDRANCE TO THE DRIVEWAY, CLEAR VISION.
UM, AND THE ATTACHED CARPORT WOULD NOT ALTER THE CENTRAL, THE CHARACTER OF THE DISTRICT.
UM, THERE ARE NUMEROUS CARPORTS THROUGHOUT THE, UH,
[02:25:01]
THE NEIGHBORHOOD.SO, UM, I DON'T SEE A PROBLEM WITH THIS.
UM, I'M NOT GOING TO AGREE WITH MY COLLEAGUE HERE.
UM, SO, SO AS I DRIVE DOWN SOMERTON, YEAH.
I, OR SOME WOOD, I DON'T SEE ANY OTHER CARPORTS ON THIS MAIN THOROUGHFARE.
SO, SO IT DOES APPEAR THAT THIS STREET IS A LITTLE BIT DIFFERENT THAN THE REST OF THE COMMUNITY.
AND THEN ALSO, UM, YOU KNOW, I THINK THAT I HEARD SOME, SOME, SOME PRETTY GOOD TESTIMONY PROVIDED BY THE, THE NEIGHBORHOOD REPRESENT REPRESENTATIVE HERE.
AND, UM, I, I LIVE IN A VOLUNTARY NEIGHBORHOOD ORGANIZATION AND, AND YOU KNOW, I ALWAYS HOPE THAT, UM, YOU KNOW, THAT WHEN WE TRY TO REPRESENT THE COMMUNITY WE'RE, YOU KNOW, WE WE'RE HEARD.
SO I'LL BE VOTING IN OPPOSITION.
ANYONE ELSE LIKE TO ADD? I'M GONNA SAY THAT, UH, I'M, I'M, I CAN'T BE AS SUPPORT OF THIS.
IT'S TOO CLOSE TO THE STREET, BUT MORE IMPORTANTLY, THIS ISN'T THEIR MAIN DRIVEWAY.
UM, I, I JUST, I DON'T UNDERSTAND WHY THERE'S, THERE'S CARPORTS THAT CLOSE TO A STREET WHEN THERE'S A SUBSTANTIALLY LONG DRIVEWAY THAT CAN ADEQUATELY SUPPORT A CARPORT AND NOT HAVE A NEED FOR A VARIANT.
SO I WILL NOT BE IN SUPPORT OF THIS ONE.
I WILL BE IN SUPPORT THE DRIVEWAY THAT MY COLLEAGUE AND THE CHAIRMAN IS REFERRING TO AS UNPAVED.
IT SEEMS ACCESSORY, UH, COMPARED TO THE OTHER TWO DRIVEWAYS OFF THE MAIN, UH, CORRIDOR THERE, WHICH ARE PAVED AND IMPROVED.
UH, THE APPLICANT ALSO MENTIONED HE'S TRYING TO PROTECT HIS CARS, UH, WITH THE HAIL.
AND, UM, I BELIEVE THAT HE'S, UH, IN COMPLIANCE WITH THE CLEAR VISION AND, UM, I WILL BE VOTING IN SUPPORT.
ANYONE ELSE LIKE TO ADD? LET'S HAVE ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACTS.
COMMISSIONER MANA, I DO NOT CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BURTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER CRUZ? I DO NOT CONCUR.
COMMISSIONER BENAVIDES? I CONCUR.
COMMISSIONER ZUNA? YES, I CONCUR.
COMMISSIONER VASQUEZ, I CONCUR.
CHAIR ORIAN AND I DO NOT CONCUR.
ALL RIGHT, IF THERE'S ANYONE ON THE PREVAILING SIDE THAT WOULD LIKE TO OFFER AN ALTERNATE MOTION, I ALWAYS LIKE TO MAKE SURE I OFFER THAT.
ITEM NUMBER 11 BO 8 24 1 0 3 0 0 0 81.
LOCATED AT 1518 CAIA VALENCIA.
APPLICANT MS. FLORES REQUEST FOR A VARIANCE TO ALLOW AN ACCESSORY DWELLING IN THE FRONT YARD ZONED R FOUR CD WITH A CONDITIONAL USE FOR TWO UNITS.
SUBJECT PROPERTY IS LOCATED ALONG CAIA VALENCIA.
UM, THE APPLICANT REQUESTED FOR DETACHED ACCESSORY DWELLING TO BE IN THE FRONT YARD.
UDC REQUIREMENTS, THE DETACHED ACCESSORY DWELLING DETACHED ACCESSORY DWELLING TO BE IN THE REAR YARD.
THE PROPERTY RECENTLY WAS REZONED FOR TWO UNITS.
HOWEVER, THE PROPERTY OWNER IS PLANNING ON DEVELOPING THE PROPERTY AS ONE UNIT WITH ONE ACCESSORY DWELLING IN THE FRONT.
THE PROPOSED ACCESSORY DWELLING WAS CONSTRUCTED WITHOUT PERMITS.
SEPARATE UTILITIES ARE, ARE REQUIRED FOR SEPARATE UNITS.
HOWEVER, NOT REQUIRED OF THE STRUCTURE IS AN ACCESSORY DWELLING.
THERE IS THE SIDE PLAN NUMBER ONE SHOWING THE ALREADY BUILT, UM, ACCESSORY DOLLING SUBJECT PROPERTY SURROUNDING AREA.
STAFF RECOMMENDS DENIAL FOR AN ACCESSORY DOLLING UNIT IN THE FRONT YARD.
UM, BASED ON THE FOLLOWING FINDINGS OF THE FACTS, NO PROPERTIES IN THE IMMEDIATE NEIGHBORHOOD HAVING ACCESSORY DWELLING UNIT IN THE FRONT YARD AND THE VARIANCE WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
STAFF MAILED OUT 25 NOTICES, NONE RECEIVED IN FAVOR AND OPPOSITION AND NO RESPONSE FROM THE LOS SALINAS NEIGHBORHOOD ASSOCIATION.
THAT CONCLUDES STATUS'S PRESENTATION.
ALRIGHT, LET THE APPLICANT COME FORWARD.
AND SO I AM HERE ON BEHALF OF, UH, I'M, I'M THE CONTRACTOR WHO THEY'VE SELECTED.
AND SO I'M HERE ON BEHALF OF THE,
[02:30:01]
UH, OWNERS AND I'VE GOT A FEW FILES HERE THAT WOULD LIKE TO PRESENT.WE, WE NEED, WE NEED, UH, PRESENTATIONS EMAILED TO US PRIOR TO THE MEETING AS WE STATED.
SO CONTINUE ON WITH YOUR PRESENTATION.
WE CAN'T, WE CAN'T PUT THAT EXTERNAL HARD DRIVE ON OUR COMPUTER IN ORDER FOR US TO USE THE PRESENTATION.
WE NEEDED TO HAVE IT EMAILED TO US PRIOR TO THE MEETING.
DO YOU HAVE ANY DOCUMENTS OF YOUR PRESENTATION? 'CAUSE WE CAN PROJECT THOSE ON THE SCREEN.
UH, UH, WHILE YOU'RE GETTING THAT IN ORDER, I'LL JUST START OFF WITH A COUPLE QUESTIONS.
UM, IS THERE ANY, UH, YOU HAD, YOU HAD STATED, UH, DURING THE PRESENTATION THIS WAS REZONED TO ALLOW TWO UNITS, BUT AS OPPOSED TO THAT HE WANTS TO DO IT AS AN ACCESSORY.
THE ONLY DIFFERENCE IS THEY WILL NOT NEED SEPARATE METERS UTILITIES FOR THE SECOND UNIT BECAUSE IT WOULD BE AN ACCESSORY DWELLING.
THAT'S THE ONLY DIFFERENCE BETWEEN THE REZONING IT AND WHAT THEY'RE REQUESTING.
SO WHILE THEY'RE WORKING ON THAT, SIR.
SO DID YOU, DID YOU UNDERSTAND WHAT THEY'RE SAYING AND, AND YOU ABSOLUTELY DO NOT WANT SEPARATE UTILITY SERVICES? YES.
WE DO NOT WANT SEPARATE UTILITY SERVICE.
SO, SO WE DID, UH, INITIALLY GET APPROVAL.
SO, UM, YEAH, I DON'T HAVE MY PRESENTATION, BUT THIS WENT BEFORE THE BOARD ZONING BOARD.
UM, AND INITIALLY, UH, I'VE GOT, UH, SAMANTHA HERE WITH ME.
SO, UH, SHE WAS TRYING TO SPEARHEAD THIS WHOLE THING, UH, YOU KNOW, ON HER OWN.
BUT ESSENTIALLY THE WAY THAT THIS WHOLE THING CAME INTO PLAY IS THAT, UH, I BELIEVE CODE ENFORCEMENT WENT OUT AND FOUND THAT THE PROPERTY, THE A DU HAD BEEN CONSTRUCTED, NO PERMITS.
AND SO, UM, THAT'S WHERE IT ALL STARTED.
SO THEN THEY REACHED OUT TO ME AND OUR COMPANY TO COME IN AND HELP THEM PUT SOME PERMITS TOGETHER AND GET THIS WHOLE THING, UH, WRAPPED AROUND TOGETHER.
SO, UH, SAMANTHA WENT AND I GAVE HER THE WHOLE, UH, PROCESS.
I SAID LESSON, YOU NEED TO GO, UH, BEFORE YOU KNOW THE BOARD OF ADJUSTMENTS, SEE WHAT WE CAN, WE DEVELOP FULL PLANS FOR THEM.
OF COURSE, WE NEEDED TO GET EVERYTHING PERMITTED.
SO WE STARTED WITH FLOOR PLANS AND THEN THAT'S WHEN THE BOARD OF ADJUSTMENTS COME INTO PLAY.
SO SHE TOOK THAT TO THE BOARD OF ADJUSTMENTS AND WORKED WITH THEM TO GET THE APPROVAL FOR TWO, UH, SINGLE FAMILY.
YOU MEAN THE ZONING COMMISSION? CITY COUNCIL.
SO WHY IT EVEN WENT THROUGH THAT.
IF YOUR INTENT WAS TO NOT HAVE SEPARATE UTILITY CONNECTIONS, WHY DID YOU EVEN MOVE FORWARD WITH THE ZONING CASE? BECAUSE SHE, SHE MISUNDERSTOOD.
I THINK SHE, SHE MIGHT BETTER, YEAH.
YEAH, YOU CAN STATE YOUR NAME AND, HI, MY NAME IS SAMANTHA FLORES.
SO WHEN I ORIGINALLY CAME HERE, UM, TO MAKE SURE I WAS APPLYING FOR THE CORRECT APPLICATION, I WAS TOLD TO APPLY FOR WHAT IS CURRENTLY ZONED AS RIGHT NOW, WHICH IS THE INCORRECT ZONING.
SO I GOT MISINFORMATION FROM, UM, HERE IN THE DEVELOPMENT CENTER.
SO THAT WAS NOT THE CORRECT APPLICATION AND THEY DID CONFIRM THAT WAS THE INCORRECT APPLICATION.
AND WE DO HAVE APPROVAL FROM LOS HARD AND I DID SEND THAT OVER TO OUR CASE MANAGER, COLTON.
SO THAT ACTUALLY SHOULD BE IN, UM, THESE DOCUMENTS TO PRESENT TO YOU AS WELL.
UM, I MEAN, I THINK I UNDERSTAND WHAT'S HAPPENING.
IT WAS JUST A MISCOMMUNICATION.
YOU, YOU, YOU, YOUR GOAL WAS TO HAVE TWO FREESTANDING LIVING AREAS, BUT WITH ONE UTILITY CONNECTION.
CORRECT? I JUST CAN'T BELIEVE IT WENT ALL THE WAY TO CITY COUNCIL AND
AND THE, OKAY, I, I UNDERSTAND.
AND THE ONLY REASON WHY YOU CAN'T COUNT.
WELL, YEAH, THERE'S A I SEE, I SEE WHAT'S HAPPENING HERE.
ALRIGHT, SO IS THERE ANY, ANY QUESTIONS FOR THIS APPLICANT FROM THE COMMISSION? COMMISSIONER MANA? SO QUESTION FOR CITY STAFF.
SO, SO IN THE CITY OF SAN ANTONIO, HOW MANY, UH, ADUS ARE THERE IN FRONT YARDS? SO WE'VE ONLY HAD ONE CASE AT LEAST SINCE THE LAST TWO YEARS, UH, FOR AN ACCESSORY STRUCTURE TO BE IN THE FRONT YARD.
AND YOU GUYS DENIED THAT I THINK A YEAR, ABOUT A YEAR AND A HALF AGO.
I DON'T KNOW OF ANY APPROVED ACCESSORY DWELLINGS IN THE FRONT YARD.
BEES, BEN, UH, COMMISSIONER BEES.
I JUST WANNA MAKE SURE I UNDERSTAND.
SO THIS SECONDARY, UH, BUILDING WAS BUILT WITHOUT ANY PERMITS YOU CHOSE, TOOK IT ON YOUR YES.
SO, UH, MY FATHER ORIGINALLY WENT OVER ON THE SQUARE FOOTAGE ON WHAT IS ALLOWED IN THE FRONT YARD.
SO HE DIDN'T REALIZE THAT HE WENT OVER ON HIS ORIGINAL PLAN.
[02:35:02]
BUT EVEN IF YOU GO OVER, I MEAN, DON'T YOU STILL NEED YEAH, I THINK SHE'S REFERRING TO WHAT YOU NEED A PERMIT FOR EITHER WAY, WHETHER SHE WAS OVER OR HE OR HE WAS OVER OR IT STILL, IT'S STILL NOT PERMITTED IN THE FRONT YARD.SO THEY WERE, THEY WERE ATTEMPTING TO BUILD SOMETHING RELATIVELY SMALL THAT DIDN'T NEED CERTAIN PERMITTING.
AND NOW THE ISSUE IS, IS WHETHER OR NOT THEY, YOU KNOW, SO THEY GOT, THEY WENT THROUGH ZONING, THEY WENT THROUGH CITY COUNCIL PUBLIC MEETINGS TO HAVE TWO STRUCTURES.
UH, IF THEY WERE OPPOSITE, IT WOULDN'T, THEY WOULDN'T HAVE NEEDED TO DO ANYTHING.
BUT THIS IS, THIS APPEARS TO BE, IF WE DENY THIS TODAY, THERE WERE ONLY RECOURSES TO GET ANOTHER WATER METER AND ANOTHER ELECTRIC METER AND NOTHING CHANGES.
AND THIS IS SO PECULIAR, BUT, UH, OKAY.
SO, UM, WHEN MY DAD BUILT THE PROPERTY IN THE SEVENTIES, IT WAS BUILT A LITTLE BIT FURTHER TO THE END OF THE PROPERTY INSTEAD OF CENTERED.
SO GIVING MORE SPACE IN THE FRONT YARD OPPOSED TO THE BACKYARD, THERE'S NOT AS MUCH SPACE IN THE BACKYARD OPPOSED TO THE FRONT YARD.
SO THAT'S WHY HE BUILT IT THERE IN THE FRONT OPPOSED TO THE BACK.
AND HE WAST AWARE OF THE RULES OF THE BUILDING.
WHAT, BUT THE SECONDARY BUILDING, WAS IT RECENTLY BUILT OR WAS IT BUILT BACK IN THE SEVENTIES? NO, RECENT BUT THE ORIGINAL, THE ORIGINAL, SORRY.
BUT THE STRUCTURE AND THEN THERE WAS A, A BUILDING THERE IN THE SEVENTIES AS WELL, WHICH WAS KNOCKED DOWN, BUT I WAS TOLD IS NOT YET GRANDFATHERED IN.
SO SO ONE OF, ONE OF YOUR, ONE OF YOUR JUSTIFICATIONS THAT THE HOME, THE MAIN HOME IS SET SO FAR BACK THAT IT WASN'T PLAUSIBLE TO BUILD AN ACCESSORY IN THE REAR.
AND AND HE, HE BUILT THE NEW, UH, YEAH, SPEAKING RIGHT WHERE THE OLD SPEAKING TO THE MIC, HE BUILT THE NEW A DU WHERE THE EXISTING USED TO BE.
SO IT WAS JUST AN EMPTY LOT WITH THE SMALL, YOU KNOW, BACK IN THE 79 80.
AND IT WAS JUST AN EMPTY LOT WITH THE SMALL A DU IN THE FRONT.
SO HE DECIDED TO BUILD, STARTED BUILDING BETWEEN 79 AND 80.
THAT'S WHEN THE INITIAL, THE ORIGINAL A DU WAS DEMOLISHED AND ALL THE UTILITIES WERE TRANSFERRED OVER TO THE NEW STRUCTURE THAT WAS BUILT 17, UH, BETWEEN 79 AND 80.
UH, JUST A COUPLE OF QUESTIONS.
FIRST, WHAT IS THE INTENT OF THE A DU, UH, AND WHAT KINDA THE HARDSHIP HERE? UM, WE DO HAVE FAMILY THAT COMES TO VISIT.
SO THAT EXTRA SPACE IS FOR THEM SO THEY DON'T HAVE TO SPEND MONEY TO GO RENT SOMEWHERE THEY HAVE AND PARKING, I GUESS YOU CAN CONTAIN ALL THE PARKING.
IT DOES ENVIRONMENTS ON SITE? YES.
AND THE QUESTIONS FOR THE CONTRACTOR, WHAT, SO WHAT IS YOUR ROLE, WHAT'S THE STATUS OF THE, THE, THE BUILDING PERMIT AND THEN WHAT, WHAT IS YOUR ROLE IN TERMS OF GETTING THE PERMITS NOW? I MEAN, OBVIOUSLY IT'D HAVE TO COMPLY WITH, UH, ELECTRICAL, ELECTRICAL, PLUMBING, ALL THE DIFFERENT PERMITTING CODES I ASSUME HASN'T BEEN REVIEWED BY THE CITY, IF THERE WAS THAT'S RIGHT.
SO THIS IS WHERE WE CAME INTO PLAY BECAUSE CODE ENFORCEMENT WENT BY AND OF COURSE THEY NOTICED THIS, PUT A STOP WORK ORDER ON IT.
THAT'S WHERE THEY CONTACTED ME, HEY, IT'S NOT PERMITTED, WHAT CAN WE DO? SO WE STARTED WITH THE INITIAL DESIGN UTILITIES, PUTTING THE WHOLE THING TOGETHER, PERMITTING WISE.
SO WE NOW DEVELOPED A FULL SET OF PLANS READY TO BUILD, BUT WE JUST NEED TO GET THROUGH ZONING FIRST.
AND IF I, IF I MAY TOUCH, WE'VE HAD, UM, THREE DIFFERENT CASE MANAGERS THROUGHOUT THE ENTIRE PROCESS AND OUR CURRENT CASE MANAGERS NOT PRESENT AS WELL.
I DO HAVE SIGNATURES FROM THE 200 FEET OF NEIGHBORS, UM, SUPPORTING THIS PROJECT.
IT'S NOT, UM, DISTURBING ANYBODY'S PIECE.
WE ARE NOT ENCROACHING ON ANYBODY'S LAND.
AND UM, DO YOU HAVE ANY OF THE DOCUMENTS THEY CAN PROJECT? WELL, I HAVE THEM.
NO, 'CAUSE I THOUGHT THE CASE MANAGER WAS GONNA BE HERE AND THEY TOLD US, OH, YOU, YOU COULD STILL USE THOSE SAME FILES.
IF YOU HAVE AN EMAIL, YOU CAN SEND IT TO ONE OF THE CURRENT STAFF THAT'S HERE AND THEN WE CAN, UM, SHARE THAT INFORMATION.
THE CASE MANAGER HAD TO LEAVE EARLY TODAY, SO, BUT HE DID CHECK HIS UNTIL THE 10 O'CLOCK DEADLINE.
AND THE, UM, HOA WAS SENT LAST WEEK, SO THAT IS NOT, UM, AVAILABLE FOR ANY OF AUTO VIEW AS WELL.
SO, UM, I DON'T UNDERSTAND WHY THAT'S NOT HERE.
UM, IN THE OPPOSITION TO NOT HAVING ANOTHER UTILITY TAP, CAN YOU TALK ABOUT WHY THAT'S, THAT'S SUCH A BIG, BIG DEAL FOR WHAT? I'M SORRY TO NOT HAVE ANOTHER WATER METER OR ELECTRIC METER.
UM, IT'S GONNA BE FOR FAMILY, SO I DON'T SEE WHY WE WOULD HAVE TO GET ANOTHER CPS THOUGH.
IT'S GONNA BE ONE FAMILY UNDER ONE PROPERTY.
I GUESS MR. CHAIR, I GUESS IF THE VARIANCE IS DENIED HERE, THEIR OPTION WOULD BE, UH, THEIR ONLY OPTION WOULD BE TO GET A SEPARATE UTILITY OR WATER BILL.
YEAH, THE THE THING ABOUT THE WATER IS, IS THAT IT IT, THEY'D HAVE TO PAY A NEW IMPACT FEE, WHICH IS LIKE $8,000.
AND I WAS GONNA JUST GO INTO THE WHOLE UTILITIES ESTABLISHING YEAH.
SO IT WOULD ROUGHLY BE ABOUT A, THEN YOU HAVE TO PAY FOR AN ENGINEER TO DO A TAP PLAN AND THEN YOU GOTTA PAY FOR A CONTRACTOR.
[02:40:01]
COULD BE A 12 TO $15,000 CHARGE JUST TO POP ANOTHER METER IN THERE.AND, AND SO, AND THE REASON WHY YOU'RE BRINGING UP THIS POINT IS BECAUSE, BECAUSE IF THIS VARIANCE FAILS, THEIR ONLY RECOURSE IS TO SPEND THAT MONEY AND GET ANOTHER METER AND THEN THEY DON'T NEED TO BE HERE.
SO, SO THE REASON THEY WOULDN'T HAVE TO BE HERE IS BECAUSE THEIR PROPERTY ALLOWS FOR TWO? YEAH, THEY, THEY ALLOW TWO DWELLING UNITS.
AND BY DEFINITION, WHEN YOU HAVE TWO SEPARATE UNITS, YOU'RE GONNA HAVE TWO SEPARATE METERS AND YOU CAN ONLY JOIN IF IT'S AN A DU.
SO, BECAUSE, WELL, BECAUSE THEY WENT THROUGH THE WHOLE ZONING PROCESS AND GOT US TO ME, THE NEIGHBORHOOD DEFACTO APPROVED, I MEAN THROUGH THE ZONING PROCESS WOULD'VE APPROVED THE, THE DWELLING THEY APPROVED IN FRONT YARD.
AND, AND, AND THAT'S WITHOUT GETTING IN TOO MUCH INTO DELIBERATION.
THE, UH, BECAUSE WHAT THEY WERE PURSUING HAD TO INCLUDE A SITE PLAN.
EVERYBODY KNEW WHAT THEY WERE TRYING TO DO.
ALRIGHT, SO IF THERE'S NOTHING ELSE, WE'RE GONNA GO TO A MOTION.
I'LL, I'LL TAKE COMMISSIONER OONA.
REGARDING CASE NUMBER BO EIGHT DASH 24 DASH 1 0 3 0 0 0 8 1, I MOVE TO THE BOARD OF ADJUSTMENTS GRANT REQUEST FOR A VARIANCE TO ALLOW AN ACCESSORY DWELLING UNIT IN THE FRONT YARD SITUATED AT 1 5 1 8, UH, CAIA VALENCIA, APPLICANT BEING VICTOR FLORES BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SO THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRACT TO PUBLIC INTEREST.
STAFF FINDS IT REQUEST IS NOT CONTRACT TO THE PUBLIC INTEREST AS THE ACCESS ACCESSORY DWELLING UNIT LOCATED IN THE FRONT YARD WILL NOT IMPOSE AN, AN ON ADJACENT SINGLE FAMILY USES TWO DUE TO SPOUSAL CONDITIONS.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN APPLICANT PROVIDING SEPARATE UTILITIES FOR A SECONDARY DWELLING UNIT RATHER THAN AN ACCESSORY DWELLING UNIT.
UH, BY GRANTING THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
STAFF FINDS THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN SUBSTANTIAL JUSTICE WILL BE DONE.
UH, THE PROPERTY PERMITTED A SECOND UNIT WHERE THE ACCESSORY STRUCTURE IS LOCATED FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE WHO SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED.
NO USES OF THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FORMING PROPERTY OR ALSO THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
IF GRANTED, THE VARIANCE WILL NOT SUBSTANTIALLY ENTER THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY AS ACCESSORY DELLING UNIT WILL DECREASE.
THE PERMIT PERMITTED USE ON THE LOT SIX APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE IS SAW IS DUE TO THE, 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.
THE DISTRICT, WHICH THE PROPERTY IS LOCATED, STAFF FINDS IT APPLIED OF THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SAW DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS A LIMITED BUILDABLE SPACE IN THE REAR YARD.
UM, SO A COUPLE OF ISSUES HERE.
I'M GONNA BE SUPPORTING THE MOTION.
SO FIRST, UH, GIVEN THE LA LAYOUT OF THE EXISTING, THE PRIMARY STRUCTURE OF THIS BUILD, NOT MUCH OF A BACKYARD TO ALLOW FOR THIS, FOR THE DWELLING UNIT.
UH, SECOND, THEY DID GO THROUGH THE FULL ZONING PROCESS, WHICH I WOULD ARGUE IS A MORE, UM, UH, UM, COLLABORATIVE NEIGHBORHOOD INVOLVEMENT, UH, PROCESS TO GET THE, TO GET THE MULTIFAMILY ZONING FOR THE PROPERTY, WHICH WOULD'VE BEEN NOTIFICATION TO ALL THE NEIGHBORS AND TO THE, AND TO THE NEIGHBORHOOD ASSOCIATION, WHICH SHE ALSO, UM, A TESTIMONY THAT THEY APPROVED, APPROVED FOR IT.
UM, AND THREE, BY, UM, BY GOING THROUGH THE VARIANCE APPROVAL PROCESS, UH, SHE WILL HAVE TO GO THROUGH THE PERMITTING PROCESS AND GET ALL THE, UH, ELECTRICAL, PLUMBING, ALL THE, THE REQUIRED PERMITS.
FIRE CODE WOULD BE REQUIRED AND PULLED.
AND, AND FOURTH, WHICH CAN'T BE OVERLOOKED, IS THE FINANCIAL HARDSHIP AND WOULD WIND UP AT THE EXACT SAME PLACE.
UH, THE FINANCIAL HARDSHIP WOULD BE THAT SHE'D HAVE TO PROVIDE SEPARATE METERING, UM, AND THE COST THAT INCURS AND WE'D WIND UP AT EXACTLY THE SAME PLACE, SAME CONDITION WITH THAT A DU AND THE FRONT YARD, WHICH WOULD BE PERMITTED THROUGH THE ZONING PROCESS.
SO FOR ALL THOSE REASONS, I'M SUPPORTING THE VARIANCE COMMISSIONER MANNA.
SO I, I AM GONNA AGREE WITH MY COLLEAGUE.
YOU KNOW, I, ONE OF THE CONCERNS I DO HAVE, YOU KNOW, IS A SLIPPERY SLOPE OF, YOU KNOW, WHEN THE NEXT ONE COMES THROUGH.
AND, AND HOW IS IT THAT WE KIND OF DEAL WITH THAT AND, UH, I THINK THAT THERE WAS ENOUGH, UM, COLLABORATIVE DIALOGUE HERE WITH REGARDS TO ZONING AND EVERYTHING ELSE AS WAS STATED BY MY COLLEAGUE THAT, YOU KNOW, THIS IS KIND OF A ONE-OFF AND, YOU KNOW, I CAN, I THINK I COULD JUSTIFY THIS AND, AND MAYBE NOT NECESSARILY JUST DO A CARTE BLANC FOR ANY FUTURE ONES COMING IN.
SO IN THIS CASE, I WILL BE SUPPORTING THIS AS READY.
ANY, ANY OTHER COMMISSIONERS LIKE TO ADD, UH, HEARING NONE, LET'S HAVE ROLL CALL, VOTE PLEASE.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER DEAN? I DO NOT CONCUR.
[02:45:01]
YES, I CONCUR.I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER VASQUEZ, I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
UH, IF YOU HAPPEN TO HAVE ANY QUESTIONS, UH, YOU CAN GET WITH STAFF.
[ Approval of Minutes ]
IS THE MINUTES.UM, I KNOW, UH, MYSELF AND SOME OTHER COMMISSIONERS, UH, DID COMMENT.
UH, ARE THERE ANY AMENDMENTS FROM THE COMMISSION REGARDING, UH, THE FOUR 20, APRIL 22ND OR MAY 6TH MINUTES? ALL RIGHT.
UM, I'M LOOKING FOR A MOTION MOVE APPROVAL.
UH, LET'S HAVE A, UH, ALL IN FAVOR SAY AYE.
[ Director’s Report ]
IS THERE A DIRECTOR'S REPORT? YES, SIR.UM, SO WE'RE GONNA SCHEDULE A, UM, WORK SESSION ON JUNE 17TH.
WE'RE GONNA HAVE THE, UH, MEMBER OF THE CITY AUDITOR'S OFFICE, UH, UH, CITY ATTORNEYS, AND THEN, UH, BOA STAFF IS GONNA DO ALSO A SMALL PRESENTATION.
UM, SO THAT'LL BE FOR THE JUNE 17TH.
UH, WE'RE GONNA FEED YOU LUNCH, ALL THE FINEST DELICACIES.
UH, IS IS GONNA BE ONE HOUR BEFORE, LIKE AT NOON? YES, SIR.
AND WE'LL HAVE TO POST THAT AGENDA.
UM, AND THEN JUST MAKE SURE EVERYONE IS AVAILABLE TO ATTEND.
WE'LL SEND OUT A CALENDAR INVITE, BUT THIS WILL BE TRAINING AND ALSO PROVIDE AN ANNUAL REPORT UPDATE.
SO JUST SO EVERYONE KNOWS, UM, YOU KNOW, WE USED TO DO STUFF LIKE THIS ONCE IN A WHILE.
IT'S BEEN A WHILE AND I THINK IT'S GOOD NOW THAT WE HAVE SOME, UM, WELL, I'VE BEEN OUT HERE IT SEEMS LIKE FOREVER, BUT SINCE WE HAVE SOME FACES THAT ARE, SEEM NEW TO ME STILL, UH, AT, UH, YOU KNOW, IF YOU HAVEN'T BEEN HERE AT LEAST FIVE YEARS, YOU, YOU'RE GONNA SEEM KIND OF NEW SOMETIMES.
BUT, UM, UH, I THINK IT'S IMPORTANT FOR, FOR STAFF TO KIND OF GO OVER, UM, YOU KNOW, SOME PROCEDURES THAT WE HAVE.
IF YOU HAVE ANY QUESTIONS, A GREAT TIME TO ASK ANY THINGS YOU WANT TO BRING UP, GREAT TIME TO, TO DO THAT.
UH, AND, UM, I'M LOOKING FORWARD TO IT.
SO, AND IF ANY COMMISSIONERS HAVE ANY REQUESTS FOR LUNCH, MAYBE THIS IS THEIR TIME TO SAY ANYTHING
OTHERWISE THEY ALWAYS SEEM TO DO A GOOD JOB.
UH, IF THERE'S NOTHING ELSE, WE'RE ADJOURNED AT 3 57.