* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:04] ALL RIGHT. ARE WE RECORDING? ARE WE GOOD? YES, SIR. ALL RIGHT. IT'S ONE OH THREE. I'M HEREBY CALL THIS, UH, MEETING OF THE BOARD OF ADJUSTMENTS INTO SESSION. UH, CAN WE HAVE THE SPANISH INTERPRETER COME OUT PLEASE? THANK YOU. ALRIGHT. IF EVERYONE COULD PLEASE STAND AND JOIN ME WITH THE PLEDGE. I PLED ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WORSHIP. STANDS ONE NATION UNDER GOD IN MUNICIPAL OF LIBERTY, JUSTICE. HONOR THE TEXAS FLAG. I PLED ALLEGIANCE TO TEXAS, ONE STATE AND INDIVISIBLE. ALRIGHT, STAFF, IF YOU COULD PLEASE, UH, CALL ROLL. COMMISSIONER BARRINGTON. HERE. COMMISSIONER STEVENS. PRESENT. COMMISSIONER IBANEZ? HERE. COMMISSIONER DEAN PRESENT. COMMISSIONER CRUZ. HERE. COMMISSIONER GOMEZ? HERE. COMMISSIONER MANNA. COMMISSIONER BENAVIDES PRESENT. COMMISSIONER BRAGMAN PRESENT. COMMISSIONER OZUNA PRESENT. COMMISSIONER VASQUEZ. PRESENT CHAIR ORIAN AND I AM PRESENT. COR MS. PRESENT. ALRIGHT, THANK YOU. SO BEFORE WE BEGIN WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION. THIS BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS. FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY DIRECTOR'S REPORT. LASTLY, AS CHAIR, I'LL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS. I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS A CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING. WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL. THE BOARD IS SUPPORTED BY THE MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT, AND WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE IN AN ADVISOR IN APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE. IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY THE 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 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 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 OUGHT RESTS WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL. SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW. BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S. DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. SO PLEASE ADMIT YOUR PRESENTATION AND REMARKS OF THE PERTINENT FACTS OF YOUR CASE. UH, SO LET THE RECORD SHOW AT 1 0 7 COMMISSIONER MANOR. UH, JOIN THE MEETING, UH, STAFF. GOOD AFTERNOON. UM, STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST. PART OF PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR VARIANCE, SPECIAL EXEMPTION OR APPEAL AND PROPERTY WITHIN 200 FEET OF THE SUBJECT. PROPERTY CHECK MARKS INDICATE THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION. FOLLOWING THIS PRESENTATION AND ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST. FOR THOSE THAT SIGN UP TO SPEAK FOR [00:05:01] OR AGAINST A PROPOSED VARIANCE FOR SPECIAL EXEMPTION, YOU'LL BE CALLED IN ORDER TO SIGN UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION. FOR THOSE THAT WOULD LIKE TO GIVE UP THEIR TIME TO THE SPEAKER. THAT SPEAKER WILL BE ALLOWED OF MAXIMUM OF TWO PEOPLE GIVING UP THEIR TIME FOR A TOTAL OF NINE MINUTES. THOSE GIVING UP THEIR TIME MUST BE PRESENT AND SIGNED IN TO SPEAK. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU CHAIRMAN. YES, UH, AND ALSO LET THE RECORD SHOW THAT COMMISSIONER VASQUEZ HAS, UH, BECOME THE 12TH MAN ALTERNATE AND READY, WILLING TO SERVE. SO, UH, [ Briefing and Possible Action on the following items  ] TO PROCEED WITH OUR CASES, THE FIRST CASE HAS BEEN WITHDRAWN AND I UNDERSTAND ITEMS TWO AND THREE ARE ASKING IF FOR A CONTINUANCE. ARE THERE ANY PUBLIC COMMENTARY ON THESE TWO ITEMS? WE HAVE? UH, NO PUBLIC COMMENT. ALL RIGHT. SO THE STAFF COULD MAKE A PRE BRIEF PRESENTATION. UH, WE'LL MOVE FORWARD WITH THE REQUEST FOR CONTINUANCE. ALL RIGHTY. ITEM TWO IS LOCATED AT 900 WEST HOUSTON STREET AND ONE 18 NORTH MEDINA STREET, UH, REQUESTING A APPLICANT BEING MASTER PROPERTY, UH, PARTNERS APPEALING THE CITY'S HISTORIC PRESERVATION OFFICER'S, UH, DENIAL OF A CERTIFICATE OF UM, APPROPRIATENESS, STAFF RECOMMENDS DENIAL AND DISTRICT THREE AND DISTRICT FIVE. UM, ITEM NUMBER THREE, BO A 24 DASH 1 0 3 0 0 6 2. REQUEST FROM LAW OFFICES OF E-A-R-P-L-L-C FOR A 15 FOOT VARIANT FROM THE MINIMUM 30 FOOT SETBACK TO ALLOW A STRUCTURE TO BE 15 FEET FROM THE REAR SETBACK. A 15 FOOT VARI FROM THE MINIMUM 15 FOOT BUFFER TO ALLOW ELIMINATION OF A BUFFER REQUIREMENTS ON THE FRONT YARD. FIVE FOOT BUFFER, FIVE FOOT VARIANT FROM THE MINIMUM 20 FOOT SETBACK TO ALLOW 15 SI 15 FOOT SIDE SETBACK LOCATED AT 12 1 0 2 EBNER ROAD STAFF, UH, IN COUNCIL DISTRICT EIGHT STAFF REC, UH, RECOMMENDS DENIAL. BOTH OF THESE ARE ASKING FOR A CONTINUANCE FOR JUNE 17TH. ALRIGHT, IS THERE ANYBODY IN THE GALLERY THAT HAS APPEARED TO HEAR, UH, THE, THE CASE AT 900 WEST HOUSTON? UH, OR AT, UH, 1 2 1 0 2 HENER ROAD. ALL RIGHT. HEARING NONE. I'M LOOKING FOR A MOTION FOR A CONTINUANCE O ZUNA COMMISSIONER ZUNA REGARDING, UH, CASE NUMBER BO O EIGHT DASH 24 DASH 1 0 3 0 0 75. I MOVE FOR A CONTINUANCE TO, UH, LET THIS WAIT. JUNE THE 17TH. MM-HMM, SECOND. SECOND BY COMMISSIONER BARRINGTON. ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? HEARING NONE. UH, ITEM ITEM ENDING IN 62. OKAY. AND REGARDING, CAN I MAKE THE MOTION FOR THE NEXT CONTINUANCE? MM-HMM. , REGARDING CASE NUMBER BO OA DASH 24 DASH 360 2, I ALSO MOVE FOR A, THE BOARD OF ADJUSTMENT, GRANTED A CONTINUANCE TO THE JUNE 17TH, UH, MEETING AS WELL. SECOND. SECOND BY COMMISSIONER CRUZ. UH, ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? HEARING NONE. MOTION PASSES. ALL RIGHT. UH, NEXT ITEM IS ITEM NUMBER FOUR. MM-HMM, . ALL RIGHT. GOOD AFTERNOON. I'M MELANIE CLARK, THE SEWING DEPARTMENT. UH, THIS IS ITEM NUMBER FOUR, BO OA DASH 24 DASH 0 3 6 4. UH, THIS IS GONNA BE 2102 SOUTH PRETA STREET COUNCIL, DISTRICT FIVE APPLICANT STEPHANIE GARCIA. AND THE REQUEST IS FOR ONE, A 15 FOOT VARIANCE FROM THE MINIMUM 50 FOOT 15 FOOT BUFFER TO ALLOW THE ELIMINATION OF A BUFFER IN THE FRONT YARD. TWO A 29 FOOT AND 11 INCH VARIANCE FROM THE MINIMUM 30 FOOT FRONT SETBACK TO ALLOW STRUCTURE WITH A ONE INCH FRONT SETBACK. THREE A 29 FOOT, 11 INCH VA VARIANCE FROM THE MINIMUM 30 FOOT SIDE SETBACK TO ALLOW STRUCTURE WITH A ONE INCH SIDE SETBACK. FOUR, A 20 FOOT VARIANCE FROM THE MINIMUM 30 FOOT REAR SETBACK TO ALLOW STRUCTURE TO BE 10 FEET FROM THE REAR SETBACK. AND NUMBER FIVE, A 15 FOOT VARIANCE FROM THE MINIMUM 25 FOOT REAR BUFFER TO ALLOW A 10 FOOT BUFFER IN THE REAR YARD. ZONING IS I ONE. SUBJECT PROPERTY IS LOCATED WEST OF INTERSTATE 37 ACROSS FROM LOWELL STREET AND SOUTH PRESTA INTERSECTION ON THE CORNER OF WEST DREXEL AVENUE AND SOUTH PRESTA STREET. THE APPLICANT ON BEHALF OF THE PROPERTY OWNER IS PROPOSING A HORSE AND CARRIAGE STORAGE BUILDING AND STAGING AREA FOR YELLOW ROSE AND HRH CARRIAGE COMPANY. THE PROPOSED BUILDING WOULD ALLOW THE CARRIAGES TO BE STORED ON SITE AND CLOSER TO THE CITY CENTER AS THE HORSES ARE TRANSPORTED DAILY TO AND FROM THE FARM IN THE CITY OF SAN ANTONIO RIVERWALK AREA. THE PLANNED HORSE STALLS WOULD PROVIDE A TEMPORARY HUB FOR THE HORSES TO TRANSITION FROM TO AND FROM CARRIAGES AND HORSE CARRIER TRANSPORT [00:10:01] TO ATTAIN THE SPACE NEEDED FOR THE HORSES AND CARRIAGES. THE APPLICANT IS SEEKING A 25 29 FOOT 11 INCH VARIANCE TO ALLOW A ONE INCH FRONT SIDE, FRONT AND SIDE SETBACK, ALONG WITH A 20 FOOT VARIANCE FROM THE 10 FOOT REAR SETBACK. ADDITIONALLY, THE APPLICANT IS SEEKING ELIMINATION OF THE FRONT YARD LANDSCAPE BUFFER REQUIREMENT TO, AS WELL AS A 15 FOOT VARIANCE FROM THE 10 FOOT REAR LANDSCAPE BUFFER, UH, TO THE REAR OF THE PROPERTY. PERMITS, UH, FOR THIS PROJECT OR PENDING OUTCOME OF BOA AND THIS WOULD BE THE SITE PLAN. AND THIS IS PROPOSED DESIGN AND THIS THE DIGITAL RENDERINGS. THIS IS SUBJECT PROPERTY. THIS IS THE FRONT VIEW OF THE SUBJECT, FRONT VIEW OF THE SUBJECT PROPERTY. THIS IS FROM, UH, 2024, AND THEN THE GOOGLE IMAGES IS 2022. THIS IS FROM WEST DREXEL AND THIS IS THE SURROUNDING AREA. SAINT CECILIA'S CATHOLIC CHURCH IS ACROSS. AND THIS IS THE EAST VIEW, UM, FROM SOUTH PRESA, WEST VIEW FROM SOUTH PRESA, AND THEN THE VIEW OF THE INTERSECTION OF SOUTH PRESA, UH, TOWARDS WEST DREXEL AVENUE. STAFF RECOMMENDATION FOR THE FRONT SIDE SETBACK AND FRONT REAR BUFFER VARIANCE STAFF RECOMMENDS DENIAL AND BOA 24 DASH 1 0 3 0 0 0 6 4 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE SETBACK VARIANCES WILL UNNECESSARILY EXPOSE RESIDENTIAL LOTS TO ENCROACHING INDUSTRIAL USE. TWO, THE BUFFER ELIMINATION WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. AND THREE, THE LOT SIZE AND LOCATION ARE NOT SUITABLE FOR THE PROPOSED INDUSTRIAL USE. STAFF MAILED OUT 25 NOTICES, ONE IN FAVOR, TWO IN OPPOSITION, FOUR OPPOSED THAT LIVE OUTSIDE OF THE 200 FOOT AREA. AND THE ROOSEVELT PARK NEIGHBORHOOD ASSOCIATION IS ALSO OPPOSED. AND THESE ARE THE, UH, NOTICES. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. ALL RIGHT. DOES HAVE THE APPLICANT COME FORWARD. ALL RIGHT. UH, STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. MY NAME IS JOHN CARR, CARR. I'M THE PROPOSED, THE CHOIR OF THE PROPERTY. I THINK ONE OF THE CONCERNS I HAVE IS THAT THIS HAS BECOME QUITE AN EMOTIONAL TOPIC. I MEAN, THE HORSE BUSINESS IN SAN ANTONIO HAS BEEN AROUND FOR A HUNDRED YEARS. HORSES ARE PART OF SAN ANTONIO CULTURE AND CERTAINLY TEXAS CULTURE. A VOCAL MINORITY OF PEOPLE HAVE DECIDED THAT HORSES SHOULD BE BANNED FROM SAN ANTONIO. STEPHANIE GARCIA CANNOT BE HERE TODAY BECAUSE SHE'S AT COUNCIL SEVEN, MAKING HER ARGUMENT THAT SHE SHOULD STAY IN BUSINESS. SEVERAL ISSUES WERE RAISED AT THE FIRST MEETING. ONE OF THEM EXHIBIT A WAS THAT YOU CAN'T SEE AROUND THE CORNER. THERE'S A DIGITAL GRAPHIC OF WHAT IT IS, UH, BEFORE AND WHAT WE WOULD PROPOSE AFTER WE'VE CURVED THE BUILDING AND PLANTED SOME SHRUBS THERE, YOU CAN ACTUALLY SEE AROUND THERE AS WELL, IF NOT BETTER THAN PREVIOUSLY. THE SECOND EXHIBIT, UM, ONE OF THE ORIGINAL PHOTOS FROM A GOOGLE EARTH WAS THAT THE, UH, EXISTING PROPERTY WAS BUILT ALONG THE BOUNDARY LINE. WE'RE JUST ASKING TO DO THE SAME THING THAT WAS ALREADY, UH, HISTORICALLY APPROVED. ALSO, MOST IF NOT ALL OF THE BUSINESSES IN THAT AREA ARE BUILT RIGHT UP TO THE BOUNDARY. WE'RE NOT ASKING FOR ANYTHING EXCEPTIONAL THAT'S AN EXISTING, WE'RE ALSO TRYING TO BE PART OF THE COMMUNITY. WE'VE OFFERED A, UH, A PRIZE TO, TO, UH, PUT STREET ART ON THE BUILDING SO THAT IT'S NOT A BIG STEEL SHED EXHIBIT C ONE OF THE OPPOSING PEOPLE FROM THE ORIGINAL MEETING. UH, OPPOSED. IT TURNED OUT THAT A NUMBER OF THEIR VEHICLES ARE STORED ON THE PROPERTY AND THE LOSS OF THAT STORAGE, UH, AREA MAY IMPACT THEIR DECISION. THERE'S A COUPLE OF PHOTOS I THINK THAT SHOWS THE NUMBER OF VEHICLES BEING STORED THERE. EXHIBIT E IS THE 20 MILE HOUR, HOUR ZONE. THERE IS A, UM, THERE IS A 20 MILE AN HOUR SCHOOL AREA. WE BELIEVE THAT THE, THE CARRIAGES ONLY WORK AT NIGHT, SO THEY GO OUT AT FIVE O'CLOCK, THEY [00:15:01] COME BACK AROUND MIDNIGHT. THERE'S FOUR TO SIX MOVEMENTS A DAY. THEY'RE HIGHLY VISIBLE. THERE HAVE BEEN NO TRAFFIC ACCIDENTS, UH, WITH THE CARRIAGES IN DOWNTOWN. WE BELIEVE THAT THAT WILL ACTUALLY MITIGATE SOME OF THE, UH, THE ISSUES OVER SPEEDING IN THAT AREA. THEY'RE BRIGHT, THEY'RE HIGHLY LIT. SO, UM, WE DON'T BELIEVE THAT THAT IS AN ISSUE. UM, I THINK THERE ARE SIX THINGS THAT YOU LOOK FOR IN AN APPLICATION, NOT CONTRARY TO PRI PUBLIC INTEREST. THIS IS ALREADY AN INDUSTRIAL ZONED AREA. WE'RE NOT ASKING FOR A ZONING APPROVAL, WE'RE ASKING FOR MOVEMENT OF THE BOUNDARIES. I'M PREPARED AT THIS MEETING FOR THE BACK PART THAT'S ON DREXEL, THAT WE WILL ABANDON THE 15 OR 25 FOOT AND WE'LL GO TO A 30 FOOT SETBACK. SO THAT ELIMINATES ONE OF THE REQUESTS THAT WE'VE MADE. THE REQUEST FOR THE ZERO LOT LINE AROUND DREXEL AND ON SOUTH PRESSOR, THOSE WERE ALREADY EXISTING STRUCTURES. SO WE'RE JUST ASKING TO GO BACK TO WHAT THE HISTORICAL USE OF THAT PROPERTY WAS. UH, THE SPECIAL CONDITIONS, A LITTLE ENFORCEMENT WE'RE ARGUING THAT THE LITERAL INTERPRETATION OF THE SETBACKS ARE NOT AS IMPACTFUL AS THE NEED FOR US TO BE ABLE TO HAVE THAT SIZE PROPERTY. THE SPIRIT OF THE ORDINANCE BEING ABSORBED IN SUBSTANTIAL JUSTICE. THIS IS A BUSINESS WITH NINE EMPLOYEES, THE SUBSTANTIAL PART OF TOURISM AND SUPPORT FOR THE CITY. IT'S IN CONJUNCTION WITH THE VIBRANCY OF THE AREA. WE THINK THAT THIS IS ACTUALLY GOING TO ATTRACT MORE BUSINESS AND, AND ENHANCE THE AREA. UM, ENDURE APPROPRIATE USE OF ADJACENT CONFORMING. WE DON'T, WE THINK THAT WE'RE A GOOD NEIGHBOR. UH, MOST OF THE PEOPLE THAT SHE HAS TALKED TO HAVE BEEN POSITIVE IN THEIR RESPONSES AND UNIQUE CIRCUMSTANCES IS THAT THIS IS A UNIQUE BUSINESS, UH, SPECIAL TO SAN ANTONIO. OPEN FOR QUESTIONS. OKAY. UM, YOU HAD MENTIONED THAT YOU WERE REMOVING ONE OF YOUR REQUESTS. COULD YOU, YOU REPEAT WHICH ONE THAT IS. NUM NUMBER ONE, I BELIEVE IS THE SETBACK ON DREXEL AT THE BACK OF THE PROPERTY THAT THERE WAS. UM, IT'S NUMBER FOUR, UH, A 20 FOOT VARIANCE ON THE MINIMUM 30 FOOT REAR. SO WE'LL GO TO THE 30 FOOT AND WE'LL ALSO GO ON NUMBER FIVE FROM THE 15. WE'LL GO AND DO IT WITHIN THE BOARD OF ADJUSTMENTS RULES. SO WE'RE ONLY ASKING FOR VARIANCE ONE, TWO, AND THREE. OKAY. AND ARE YOU WANTING TO PUT A DRIVE IN THE REAR OF THE BUILDING? NO, WE'RE, THAT'S A 30 FOOT BUFFER AREA. OKAY. UH, AND A NOTICE ON THE STAFF, UH, UH, PRESENTATION THAT THE, A BUDDING NEXT DOOR NEIGHBOR DIDN'T RESPOND, ALTHOUGH YOU HAD COMMENTED THAT THE, THE OWNER WAS IN SUPPORT, BUT HER SON WASN'T BECAUSE HE PARKED THE CARS THERE. SO THE APPLICANT ON 5 22 DREXEL, SHE HAD APPROVED THAT IT WAS NOT A PROBLEM. WE BELIEVE IT WAS THE SON WHO STORES THE VEHICLES ON THE PROPERTY THAT MADE AN A VERBAL OBJECTION. OKAY. AND SHE'S THE ONE IMPACTED BY THE BUFFER. SO WE'VE AGREED TO MOVE, IN SPITE OF ALL OF THAT, WE'VE AGREED TO MOVE THE BUFFER TO THE 30 FEET. OKAY. UH, ONE THING THAT THAT CONCERNS ME IS, UH, THE, THE OVERHEAD THREE PHASE ELECTRIC THAT EXISTS ON PREA AND ON DREXEL. UH, HAVE YOU COMMUNICATED WITH THE ELECTRIC CPS ABOUT THOSE? BECAUSE USUALLY THEY DON'T LIKE BUILDINGS RIGHT ON THE POLES. SO WE'VE TALKED TO THEM AND THERE'S AN 18 FOOT BUFFER, AND WE'RE GONNA BE AT 16 FEET. SO WE'RE TWO FEET UNDERNEATH. AND THEY HAVE NOT EXPRESSED AN OBJECTION TO THAT. YOU, YOUR HEIGHT NOT, NOT OFFSET, UM, WHEN, NOT HORIZONTAL, BUT YOU'RE SAYING YOUR BUILDING IS GONNA, THE BUILDING IS 16 AND OUR UNDERSTANDING IT'S 18. WE'RE NOT AWARE OF THE SETBACK, BUT OKAY. IT WAS NOT AN AND AND STAFF IS PRESA OR DREXEL, EITHER OF THOSE, UH, CLASSIFIED AS A COLLECTOR OR HIGHER THAT NEEDS A 12 FOOT SIDEWALK? I DON'T THINK DREXEL THAT IS, UH, DREXEL IS A LOCAL ROAD AND PRESA, UH, OUR SECONDARY MATERIAL TYPE B. SO THAT ONE DOES NEED A 12 FOOT SIDEWALK UPON APPLICATION OF A PERMIT. AND ALL, ALL OF THAT INFORMATION WILL BE REVIEWED AT THE TIME OF THE PERMIT SUBMITTAL. AND IF THEY HAVE TO APPLY FOR A VARIANCE OR HAVE OTHER DISCUSSIONS, THEN I ANTICIPATE THE APPLICANT WILL DO SO. SHE, SHE HAS SEVEN SAN ANTONIO AGENCIES THAT REGULATE HER FROM POLICE, CITY COUNCIL, ANIMAL CARE, VET HEALTH DEPARTMENT, TRANSPORTATION ADVISORY BOARD, FIRE DEPARTMENT. SHE'S AS HEAVILY REGULATED AS THE ALCOHOL INDUSTRY. SO WHATEVER REGULATIONS THERE ARE, WE'LL ABIDE BY. OKAY. ANY OTHER QUESTIONS FROM THE COMMISSION? COMMISSIONER EZ? UM, WHEN YOUR HORSES COME OUT, [00:20:01] UH, WHEN YOU PUT 'EM ON THE TRAILER TO TAKE 'EM TO WHERE THEY GO AND REST, WHAT STREET ARE THEY COMING OUT ON? THEY'LL COME OUT ON DREXEL. WE'LL, WE'LL HAVE THEM COME OUT ON DREXEL. AND, UH, I DON'T KNOW IF YOU'VE EVER BEEN ON SOUTH PRESA AND DREXEL ANYWHERE IN THAT AREA AT NIGHT. THERE IS A LOT OF SPEEDING AT NIGHT, UH, TURNING OR, UH, COMING OFF OF DREXEL ONTO PRESA OR VICE VERSA. EVEN THOUGH I, I THINK I SAW ON YOUR PLAN THAT THERE WAS TWO DOORS. UH, THAT'S FINE. ONE ON PRESA, ONE ON DREXEL. THE ONE ON DREXEL IS FURTHER BACK. SO THAT'S THE ONE WHERE HORSES WOULD BE TAKEN OUT FROM. THAT'S MY UNDERSTANDING. AND SO MY CONCERN IS JUST THE VIEW, THE VIEWING AND ESPECIALLY THE SPEEDING THAT HAPPENS ON, ON THOSE STREETS. I'M, I'M A LITTLE WORRIED ABOUT THE SAFETY OF YOUR HORSES AND PEOPLE. AND, UM, SO HOW ARE YOU ADDRESSING THAT SAFETY ISSUE? WOULD YOU HAVE SOMEBODY OUT THERE WITH LIGHTS AND THERE'LL BE STAFF OUT THERE THAT SAY, SLOW DOWN, WE'RE AS CONCERNED ABOUT THE HEALTH AND SAFETY OF THE ANIMALS AS YOU ARE? SO WE WOULD HAVE A STAFF MEMBER IN ADDITION TO THE DRIVER THAT WOULD BE BRINGING THEM OUT ONTO THE STREET FOR THAT HOUR OR SO DURING THE NIGHT WHEN THEY COME IN AND WHEN THEY COME BACK. OKAY. ANY OTHER QUESTIONS? MANO COMMISSIONER MANNA? SO ONE OF THE THINGS THAT WE HAD TALKED ABOUT, I THINK IN THE LAST MEETING WAS, UH, REACHING OUT TO THE NEIGHBORHOOD ASSOCIATION AND I WAS JUST WONDERING IF YOU HAD SUCCESS WITH THAT AND YOU KNOW, WHAT, HOW THAT DIALOGUE WENT? SHE DID HAVE A MEETING WITH THEM AND I DEFER TO THEM. I BELIEVE THAT THEY'RE HERE, UH, MORE THAN CAPABLE OF COMMUNICATING. OKAY. THANK YOU. ALRIGHT, SO LET'S SEE IF THERE'S ANY PUBLIC COMMENTARY. DOES ANYONE SIGN UP TO SPEAK ANY VOICEMAILS? WE HAVE VOICEMAILS AND PEOPLE SIGN UP TO SPEAK. UM, REAL QUICK, WE DO HAVE MR. JEFF HUNT. YOU LEFT A VOICEMAIL AND YOU ARE SIGNED UP TO SPEAK. WHICH ONE DO YOU WANNA DO, SIR? ALL SPEED. ALL RIGHTY. OKAY, LET'S HEAR THE VOICEMAILS PLEASE. SIR, THE VOICEMAILS DO NOT PLAY TO ONE, UH, LABELED JEFF HUNT NUMBER IS 2 1 0 3 6 5 6 4 9 9. UH, I WAS CALLING TO, UM, OPPOSE THE CASE NUMBER, UH, BOA 2 4 1 0 3 0 0 0 6 4. AND MY ADDRESS IS 25 0 2 WEST KINGS HIGHWAY, SAN ANTONIO, TEXAS 7 8 2 2. YES. I'M CALLING ABOUT CASE NUMBER B OH A DASH 24 DASH 1 0 3 0 0 6 4. THIS IS ANTHONY JUAREZ. ADDRESS IS 1818 PROB AND I OPPOSE. THANK YOU. GOOD AFTERNOON. MY NAME IS THOMAS DAVIS AND I LIVE AT 2 1 1 CASTILLO AVENUE. I'M CALLING REGARDING ITEM BO EIGHT TWENTY FOUR TEN THREE ZERO ZERO SIX FOUR AT 2102 SOUTH PRESA. I'M OPPOSED TO REQUESTED VARIANCE AND ASSETS. THE BOARD DENIED THIS REQUEST. THE DESIRED LAND USE IS NOT APPROPRIATE IN THE MIDDLE OF A RESIDENTIAL NEIGHBORHOOD. A CARRIAGE BUSINESS INVOLVING THE ING OF COURSES, INCLUDING THE POTENTIAL FOR OVERNIGHTING, DOES NOT ALIGN WITH THE HIGHEST AND BEST USE OF THE IDENTIFIED PARCEL SPECIFICALLY TO THE REQUESTED VARIANCE. THE REMOVAL OF THE REQUIRED BUFFER ZONES AND SETBACKS BETWEEN AN INDUSTRIAL USE AND THE RESIDENCES AROUND IT ADVERSELY AFFECTS THE INDIVIDUAL RESIDENCES SPECIFICALLY IN OUR NEIGHBORHOOD. MORE GENERALLY. AS CURRENTLY INDICATED, THE HORSES WOULD ENTER OR EXIT ONTO SOUTH PRESTA, A BUSY, A BUSY ROADWAY WITH THE EXPANSION OF SAS BOTTOM ACADEMY TO THE GREEN ELEMENTARY BUILDING, UH, THIS COMING YEAR. THIS PRESENTS A FURTHER HAZARD TO CHILDREN AND PARENTS WITH GROWING, WITH GROWING TRAFFIC AT THE GREEN ELEMENTARY CAMPUS. IF THE CARRIAGES EXIT ON THE OTHER SIDE OF THE PROPERTY, THEY WOULD BE EXITING NEXT TO A RESIDENT WITH REDUCED SETBACKS THAT ARE INAPPROPRIATE FOR THE AREA. FINALLY, THE PROPOSED VARIANCE AND OVERALL USE DO NOT ALIGN WITH THE DOWNTOWN REGIONAL CENTERS FUTURE LAND USE, WHICH CALLS FOR URBAN MIXED USE AT THE PARCEL. THANK YOU FOR YOUR TIME AND FOR CONSIDERING MY REQUEST. GOOD MORNING, THIS IS DIANE CRUZ. MY ADDRESS IS FIVE TWO TWO WEST DREXEL. MY PHONE NUMBER IS (210) 365-1111. THIS IS FOR CASE NUMBER 1 0 3 0 0 0 6 4. I'M CALLING TO OPPOSE THE SETBACK VARIANCES PROPOSED. I WAS INITIALLY IN FAVOR TO SEE THE PROPERTY WOULD BE FIXED UP AND SIGNED THE LETTER IN SPUR OF THE MOMENT. I DID NOT UNDERSTAND WHAT IT WAS BEING USED FOR, BUT [00:25:01] THE MORE I'M LEARNING OF THIS PROJECT, I AM VERY MUCH OPPOSED TO THE DIRECT NEGATIVE IMPACT IT WILL BRING TO MY PROPERTY AND WELLBEING. THANK YOU. HELLO, MY NAME'S UH, JESUS GONZALEZ, AND I'M A RESIDENT AT 4 0 2 DENVER STREET, SEVEN 20TH TEXAS. PHONE NUMBER IS (210) 290-5868. UH, I'M CALLING ABOUT CASE NUMBER BOA 2 4 6 4 AND I STRONGLY OPPOSE OF, UH, THIS DEVELOPMENT IN OUR AREA. THANK YOU. THIS IS REGARDING, UH, CASE NUMBER BO A DASH 24 1 0 3 0 0 0 6 4. UH, MY NAME IS LENE POE. MY ADDRESS IS 3 1 5 BERKSHIRE AVENUE, SAN ANTONIO, TEXAS 7 8 2 1 0. I'M A COMMUNITY MEMBER THAT RESIDE IN THE AREA AND I OPPOSE. THANK YOU. ALL RIGHTY. UH, THOSE ARE ALL THE VOICEMAILS. UM, THE FIRST PERSON TO SIGN UP FOR SPEAKING IS RE PECK. I'M SORRY. UH, JOHN CARR. ALRIGHT. OKAY. UM, IS THERE A RE PER OR P OR PELLA THAT WOULD BE MAYBE TERRANCE PEAK, RIGHT? YEP. GO AHEAD AND, UH, YOU CAN COME INTO THE PODIUM, SIR. IS THAT WHAT YOUR NAME AND ADDRESS AND STATE YOUR CA? UH, YES. I'M TERRANCE PEAK. I LIVE AT FIVE 14 WEST DREXEL. UM, AND I'M OPPOSED TO THIS, UH, FOR SEVERAL REASONS. UH, FIRST OF ALL, I WALK MY DOG TWICE A DAY AND I WALK DOWN DREXEL TO THAT CORNER AND IT IS A DANGEROUS CORNER. YOU'VE GOT A BUILDING THAT CLOSE. I DON'T CARE IF YOU'VE CURD THE BUILDING OR WHAT, IT'S A DANGEROUS CORNER BECAUSE CARS COME AROUND THAT CORNER VERY QUICKLY. THERE'S A, IT'S A VERY POPULAR ROUTE TO COME DOWN, LOWELL AND ZIG AND ZAG, AND PEOPLE CUT THE CORNER. UM, UM, ALSO, UM, THE TRAINS, UH, I UNDERSTAND THERE'S BETWEEN 30, ABOUT 34 TRAINS USE THOSE TRACKS EVERY DAY. AND IF YOU'VE GOT FIVE OR SIX CARRIAGES GOING OUT AND THERE'S A TRAIN, YOU'RE GONNA HAVE TRAFFIC STACKED BACK. AND WHEN THAT TRAFFIC IS GONNA BE STACKED BACK, IT'S GONNA BE STACKED BACK WELL INTO LEBA PROBAB, UH, AT LEAST TO FLORIDA AND FURTHER. AND THAT MEANS THERE'S BE PEOPLE IMPATIENTLY BEHIND A HORSE AND CARRIAGE AND GONNA BE WHIPPING OUT AND PASSING OTHER VEHICLES BECAUSE THEY'RE JUST GONNA BE IMPATIENT. UM, DREXEL HAS ON THE, UH, SOUTH SIDE OF DREXEL'S, A NO PARKING ZONE. RESIDENTS CANNOT PARK THEIR CARS THERE. IF YOU'RE PARKING ON THE NORTH SIDE TO UH, HOOK UP HORSES AND CARRIAGES, THAT STREET'S NARROW. THERE IS NO FLIPPING AWAY. YOU'RE GONNA BE ABLE TO GET, UH, THERE'S, IT'S GONNA BE ANOTHER TRAFFIC INGESTION ISSUE, ESPECIALLY IN THE EVENING. UM, FINALLY THE SMELL. SO I'M A COMMUTER. I, UH, I HAVEN'T BEEN DOING IT THE LAST COUPLE YEARS, BUT I COMMUTE FROM MY HOUSE TO IN CORN OR, UH, FIVE DAYS A WEEK. AND ONE OF THE ROUTES I TOOK AS I WOULD TAKE, UH, GET ON, UH, SOUTH PRESA, COME DOWN COMMERCE, AND THEN HOUSTON, UH, MARKET COMMERCE HOUSTON, THE STENCH ON PRESA BETWEEN COMMERCE AND HOUSTON FROM, FROM THE URINE, FROM THOSE HORSES IN THE MORNING IS UNBELIEVABLE. IT IS REALLY NASTY. SO YOU'VE GOT A LOT OF THINGS HERE AND YOU'VE GOT, SOME OF MY NEIGHBORS ARE GONNA BE COMING UP AND SAYING THE SAME THING. IT'S REALLY NOT A GREAT IDEA. I THINK IT'S GONNA BE DANGEROUS FOR THE, FOR THE HORSES. THE INTERSECTION'S STILL DANGEROUS. YOU'RE GONNA HAVE SOME TRAFFIC ISSUES AGAIN WITH THE, WITH THE RAILROAD TRACKS AND WE GOTTA DEAL WITH THE SMELL. THANK YOU. THANK YOU. UH, ISABEL CRUZ? YES. HI, I'M ISABELLE CRUZ. UM, I'M HERE TO SPEAK ON BEHALF OF 5 22 WEST DREXEL, UH, WHICH WAS MENTIONED A FEW TIMES IN THE POWERPOINT. UM, BUT I'M HERE ON BEHALF OF MY MOTHER'S PROPERTY. I WAS RAISED AND GROWN UP [00:30:01] ON THAT PROPERTY, SO SHE'S HAD IT PROBABLY FOR ABOUT 30 YEARS NOW. I DON'T WANNA AGE MYSELF, BUT, UM, MY PRIMARY CONCERN HERE, HONESTLY IS THE PUBLIC SAFETY AND TRAFFIC. SO, JUST AS MENTIONED BEFORE, I WANNA REITERATE TRAFFIC IS A CONCERN. UM, THIS IS A HIGHLY RESIDENTIAL AREA, HIGHLY DENSE RESIDENTIAL AREA. WE DO HAVE A CHURCH THERE AS WELL AS A MIDDLE SCHOOL TO ELEMENTARY SCHOOLS. THERE ARE A LOT OF LITTLE ONES WALKING TO AND FROM SCHOOL. FIVE O'CLOCK THERE ARE AFTER SCHOOL PROGRAMS THAT MY CHILDREN GO TO. THERE ARE SPORTS THAT CHILDREN PLAY AND THEY'RE WALKING HOME AT 5, 5 30, 6 O'CLOCK. UM, SO THIS POSES A GREAT RISK, I THINK, TO THEIR SAFETY AS WELL. AS, AGAIN MENTIONED BEFORE, AS MENTIONED BEFORE, UM, IF YOU SEE A HORSE AND THE CARRIAGE ATTACHED, IT'S ABOUT 15 TO 20 FEET LONG EXITING RIGHT THERE ON DREXEL AVENUE AND TRYING TO MAKE THAT TURN RIGHT IN FRONT OF ANOTHER RESIDENCE, IT POSES A HUGE RISK THERE, NOT ONLY TO JUST THE PUBLIC SAFETY FOR CARS COMING UP NORTH ON PRESA, TURNING ONTO DREXEL AS WELL AS THE HORSE'S SAFETY. I MEAN, THERE COULD BE A MAJOR COLLISION THERE. UM, SORRY, EXCUSE ME. UM, AS FAR AS ALSO OTHER THINGS THAT I AM CONCERNED ABOUT IS THAT I LOOKED AT THE, UH, BEARER COUNTY, UM, GOVERNANCE FOR THE HORSE-DRAWN CARRIAGES, AND I SAW THAT THEY'RE GOVERNED BY CHAPTER 33. UM, THIS ON SECTION 33 DASH 4 71, IT STATES THAT THERE NEEDS TO BE A HUNDRED FEET FROM A HORSE STALL TO EACH DWELLING FROM EITHER SIDE. YOU HAVE A DWELLING ON BOTH SIDES OF TWO SIDES OF THE PROPERTY WITH THAT A HUNDRED FEET, UH, REQUIREMENT THAT WOULD NOT BE MET ON EITHER SIDE. UM, AS WELL AS ONE OF THE PROPOSALS IS ALSO TO ELIMINATE THE SIDE SETBACK TO ONE INCH. NOW, YOU'D HAVE A ONE INCH VARIANCE, UH, BETWEEN A RESIDENTIAL PROPERTY LINE AND A PROPERTY THAT'S ZONED FOR ACTUAL INDUSTRIAL USE. UM, AND THE HISTORY HAS SHOWN IT, AND I HATE TO SAY IT, BUT I'VE SEEN MANY BUSINESSES COME AND GO, MOST OF 'EM BEING COMMERCIAL AS IN RESTAURANTS. BUT IF SOMEBODY DOES PICK UP THIS PROPERTY ON THE NEXT ROUND AND THEY ARE MANUFACTURING, UM, YOU KNOW, THAT WOULD BE INFRINGING NOW ON PROPERTY OWNERS. SO I THINK THAT'S A LITTLE TOO CLOSE. UM, ANOTHER ITEM THAT I JUST HAVE OF CONCERN IS REALLY LIKE THE PLAN FOR DISPOSAL OF ANIMAL WASTE. THE FLIES AND THE, YOU KNOW, THE RODENTS THAT ARE GONNA COME WITH THAT, UH, PLAN FOR THE WATER WASTEWATER FROM THE HORSES BEING BATHED. OUR INFRASTRUCTURE IS NOT SET UP FOR THIS, AND IT COULD HAVE A NEGATIVE IMPACT. AGAIN, ON RESIDENTIAL PLUMBING WITH HORSE HAIR. THIS IS VERY THICK AND STRONG, WHICH IS WHY WE USE IT FOR MANY OTHER, UM, REASONS. BUT OVERALL, I JUST WANNA AGAIN, REITERATE THAT I OPPOSED TO PRESERVE THE INTEGRITY, UH, OF OUR HISTORIC RESIDENTIAL NEIGHBORHOOD. THANK YOU. RAMIRO MARTINEZ. HI, MY NAME IS RAMIRO MARTINEZ. I'M, UH, MY ADDRESS IS 2 2 2 SHERRY DRIVE, UNIVERSAL CITY, TEXAS. AND, UH, THAT'S MY MOTHER-IN-LAW'S HOUSE PROPERTY RIGHT NEXT DOOR, FI 22. UM, MY, FIRST OF ALL, MY KIDS SLEEP THERE WHENEVER THAT SHE WATCHES THEM RIGHT ON THAT BEDROOM, ON THAT SIDE OF THE BUILDING. SO, YOU KNOW, THAT, THAT WOULD, UH, THEY WOULDN'T BE ABLE TO SLEEP THERE. THEY WOULD, YOU KNOW, UM, ALL THE TRAFFIC IN AND OUT. UM, ALSO PROPERTY VALUES WOULD GO DOWN. I MEAN, UM, EVERYBODY. OH, ONE SECOND. UH, AND, AND ANOTHER THING I WAS LOOKING AT EXHIBIT A AND EXHIBIT C ON WHAT HE SHOWED WHAT THE, ONE OF THE SPEAKERS SHOWED. AND IT WA THEY CONTRADICTED EACH OTHER. UH, IF YOU NOTICED THE, THE BUILDING CURVING AROUND, UH, THERE, IT'S ALL THE WAY UP TO THE FRONT TO THE SIDEWALK. AND IF YOU LOOK AT, OR YEAH, B AND IF YOU LOOK AT A OR RIGHT THERE, YEAH, A, UH, IT SHOWS IT FURTHER BACK RIGHT THERE. UM, SO THAT IT, IT'S, IT'S KIND OF, I DON'T KNOW IF YOU CAN SEE IT, BUT ANYWAY, UH, ONE SECOND. YEAH. THE, THE STREET VIEW FROM 5 22 WEST DREXEL RIGHT NOW IS, YOU KNOW, IT'S KIND OF, UH, YOU CAN KIND OF SEE INTO THE STREETS, BUT AS SOON AS SOON AS THIS BUILDING COMES UP, UH, 5 22 WEST DREXEL, AND I THINK IT'S 52 0 1, UH, PRESSA, THE BUILDING'S GONNA BE RIGHT UP ON, I MEAN, ONE ONE INCH SETBACK IS, IT'S CRAZY. I MEAN, IT'S GONNA, THE BUILDING'S GONNA BE 16 FEET, SO IT'S GONNA OVERLAP. IS IT? YEAH, IT'S GONNA OVERLAP THAT OTHER PROPERTY. AND YOU WON'T BE ABLE TO SEE OUT THE WINDOWS. I MEAN, IT'LL PROBABLY HIT THAT PROPERTY MORE THAN THE 5 22, BUT EITHER WAY, THE, THE, THE VALLEYS ARE GONNA DROP. AND, UH, YEAH, THAT'S ALL RIGHT. THANK YOU. I, I OPPOSE, I OPPOSE. THANK YOU. [00:35:02] ALL RIGHT, MR. JEFF HUNT. GOOD AFTERNOON BOARD. MY NAME IS JEFF HUNT. I LIVE AT 1 21 LORETTA PLACE IN ROOSEVELT PARK. I AM THE, UH, PRESIDENT OF OUR NEIGHBORHOOD ASSOCIATION, ROOSEVELT PARK NEIGHBORHOOD ASSOCIATION. UM, WE HAVE MET WITH MS. MS. GARCIA, UH, A COUPLE OF TIMES. UM, AND THROUGH THOSE DISCUSSIONS, UM, WE HAVE COME TO THE CONCLUSION THAT WE MUST OPPOSE, UM, THIS VARIANCE CHANGE FOR MANY OF THE REASONS THAT YOU'VE HEARD ALREADY. A COUPLE OF OTHER RED FLAGS CAME OUT IN OUR DISCUSSIONS WITH MS. MS. GARCIA, THE FIRST ONE, UM, BEING THAT IN BOTH ALL OF THE RENDERINGS AND NO ONE'S REALLY BROUGHT UP, THAT THERE IS A VIA BUS STOP ON THAT CORNER. AND WHEN I ASKED MS. GARCIA, WHAT ARE YOU GONNA DO ABOUT VIA ? I MEAN, IS VIA WILLING TO MOVE THE BUS STOP? SHE SAID, WELL, WE THINK WE CAN WORK WITH THEM. I DON'T KNOW ABOUT THAT. AND SO NO ONE'S REALLY BROUGHT IN VIA YET, BUT ONCE YOU BRING THAT DOWN, THAT CORNER THAT WE'RE ALL LOOKING AT IS A VIA BUS STOP. THAT'S HOW WE KNOW THAT CORNER IS DANGEROUS BECAUSE CARS CONSTANTLY ALMOST TAKE OUT PEOPLE WAITING FOR THE BUS. SO NOW YOU'RE GONNA HAVE THIS PLUS THE VIA BUS STOP, WHICH IS GONNA BE FURTHER DOWN. I DON'T UNDERSTAND HOW THAT'S GONNA WORK. SECONDLY, UM, I DID BRING UP THE 100 FEET. UM, YOU KNOW, THAT YOU CAN'T SEE THE ORDINANCE SAYS A HUNDRED FEET FOR ANY STALLS. UM, MS. GARCIA SAID THAT WON'T BE A PROBLEM BECAUSE THE HORSES WON'T BE LIVING ON THE PROPERTY. HOWEVER, WHEN I WAS ASKING ABOUT, UM, CARRIAGE TIMES, WHEN WOULD THEY BE COMING AND GOING, BECAUSE I WAS CONCERNED ABOUT THE SCHOOL ZONE, NUMBER ONE IN THE AFTERNOON, UM, SHE DIDN'T THINK THAT'D BE A PROBLEM 'CAUSE THE CARRIAGES ARE LEAVING, UM, AROUND FIVE, SIX O'CLOCK IN THE EVENING. UM, BUT SHE'S NOT COUNTING FOR THE TRUCKS THAT ARE BRINGING IN THE HORSES TO BE STAGED. AND SHE SAYS THAT HAPPENS ABOUT TWO OR THREE IN THE AFTERNOON. OKAY. SO THAT WITH THE SCHOOL BUSES AND THE KIDS WALKING ON THAT STREET, OR IT COULD BE VERY PROBLEMATIC. UM, BUT THEN WHEN WE TALKED ABOUT THE EVENING AND THE BUS, UH, THE, THE CARRIAGES COMING BACK, SHE SAID THAT IN ON THE WEEKENDS, ESPECIALLY BECAUSE THEY'LL BE COMING BACK LATE MIDNIGHT, ONE 2:00 AM UM, THAT THE HORSES WOULD THEN STAY OVERNIGHT IN THE STABLES. THAT KIND OF STOPPED ME RIGHT THERE. AND I REALIZED THAT PERHAPS I DIDN'T KNOW IF I COULD REALLY TRUST WHEN MS. GARCIA WAS SAYING ABOUT THE ACTUAL, THE, THE STALLS WITH THE HORSES. SO I'M STILL UNCLEAR ON THAT ANSWER FROM MS. GARCIA. THERE WERE JUST TOO MANY ANSWERS, UH, UH, THAT THAT REALLY COULDN'T BE ANSWERED FOR US. AND BECAUSE OF ALL OF THESE REASONS THAT MY NEIGHBORS HAVE, UM, I, I DO HOPE THAT YOU VOTE AND AND OPPOSE THIS. THANK YOU. THANK YOU STAFF. UH, IT WAS BROUGHT UP ABOUT THE A HUNDRED FOOT RULE. UH, IF THERE'S A, UM, ONE OR TWO EVENINGS EVERY SO OFTEN WHERE A HORSE ARE STAYED OVERNIGHT, DOES THAT TRIGGER THE 100 FOOT RULE? IF YOU COULD LOOK THAT UP, UH, WHILE WE'RE LISTENING TO SPEAKERS. ALRIGHT, UM, MR. COMMISSIONER BUSTA MONTE, YOU HERE FOR ITEM FOUR? ITEM NINE? I'M HERE THIS TIME. OKAY. GOOD AFTERNOON. UH, MY NAME IS JOHN BUSTAMONTE. I RESIDE AT 1 0 6 CASTILLO, UH, JUST DOWN THE STREET FROM THIS LOCATION. UH, Y'ALL HEARD A LOT FROM MY NEIGHBORS ALREADY. YOU HEARD A LOT FROM ME LAST WEEK. UH, SO I WILL KEEP THIS BRIEF. UM, THIS IS CURRENTLY ZONED INDUSTRIAL. THAT'S WHY THEY WANT THIS PROPERTY. THEY HAVE NOT YET PURCHASED IT, BUT THE VARIANCES WILL MAKE WHAT IS ALREADY AN INAPPROPRIATE USE, ABUTTING RESIDENTIAL. EVEN WORSE. THAT'S WHY THESE SETBACKS, THESE BUFFER ZONES ARE IN PLACE IN THE CODE. SO TO THE EXTENT WE'RE TALKING ABOUT THE SPIRIT OR LETTER OF THE CODE, THIS IS VIOLATIVE OF BOTH BECAUSE THIS IS AN INDUSTRIAL USE, A BUDDING RESIDENTIAL. UM, MR. HUNT BROUGHT UP, UH, THE BUS STOP, WHICH I THINK IS ANOTHER HUGE ISSUE AS WE ARE LOOKING AT BRINGING IN THE CARRIAGES FROM PRESA. MR. DAVIS BROUGHT UP, UH, THE NEW PLANNING DOCUMENT FOR THIS AREA AND HOW THAT IS GONNA CHANGE THE USE HERE. AGAIN, THIS IS ALSO GOING TO BE SUBJECT TO A LARGE AREA REZONING FAIRLY SOON. I BELIEVE WE'RE EXPECTING, UH, COUNSEL RESOLUTION IN THE NEXT MONTH OR TWO ON THAT ITEM. IT'S PASSED OUT OF GOVERNANCE ALREADY. AND SO WHAT WE HAVE IS AN INAPPROPRIATE USE INDUSTRIAL USE THAT IS COMPOUNDED BY A DESIRE [00:40:01] TO TAKE AWAY THE VERY PROTECTIONS THAT ARE IN PLACE FOR THE PEOPLE WHO RESIDE AROUND IT. SO I ASK THAT YOU OPPOSE THIS VARIANCE AND THAT YOU DENY IT. THANK YOU. MANNA. YOUR MANNA. SO, MR. BUSANTE, SO, SO YOU TALKED ABOUT THERE'S A, I GUESS THERE'S DIALOGUE WITHIN THE COMMUNITY TO DO A MASTERY ZONING OF THIS AREA. UM, WHAT IS, WHAT IS THE TARGET OF THAT MASTERY ZONING? WHAT ARE THEY GONNA TRY? WHAT ARE THEY ATTEMPTING TO CHANGE? THERE ARE IN FACT TWO MAJOR TARGETS TO MY UNDERSTANDING. UH, THERE ARE SOME MF 33 IN THE RESIDENTIAL AREA THAT'S SORT OF ACROSS ESSA FROM THIS AREA. UH, THAT IS ALL SINGLE FAMILY USES. AND THE OTHER PRIMARY TARGET IS JUST THIS TYPE OF PROPERTY, THESE INDUSTRIAL ZONINGS THAT ARE UP AND DOWN PERA, UH, THAT ARE INAPPROPRIATE. YOU KNOW, TO THE EXTENT WE'RE TALKING ABOUT THE KING TIRE SHOP ACROSS DREXEL HERE, THAT IS STILL A COMMERCIAL USE. UM, WHICH WE AREN'T NECESSARILY OPPOSED TO THAT EXISTS. HOWEVER, AN INDUSTRIAL USE, YOU KNOW, SHOULD THIS VARIANCE BE PASSED, SHOULD THIS BUILDING BE BUILT, UH, AN ABRASIVE MANUFACTURER GOING IN NEXT DOOR WITHOUT THE PROTECTIONS WOULD BE A PROBLEM. BUT THAT'S PRIMARILY THE ISSUE. SO THE COMMUNITY'S GOAL, UM, THROUGH THIS PROCESS IS, IS TO CHANGE THESE TO COMMERCIAL USE THEN TO CHANGE TO COMMERCIAL ZONING, TO, WELL, TO, SO IT DEPENDS, ACTUALLY. IN SOME CASES IT'S COMMERCIAL. IN SOME CASES IT'S BACK TO RESIDENTIAL. PERFECT. OKAY. THANK YOU. THANK YOU. AND I HAVE A QUICK QUESTION. YES. UM, WELL YOU MENTIONED IT HAD GONE TO GOVERNANCE. UH, WHEN DO YOU THINK, UH, HIT ZONING COMMISSION OR WHEN IS IT PUBLICLY, PUBLICLY ADVERTISED? UH, I BELIEVE PUBLICLY ADVERTISED RIGHT NOW IS, IS SCHEDULED FOR THE FALL. UH, BUT I'M NOT ENTIRELY SURE ON THAT. OKAY. PRETTY SOON THOUGH. YES. THANK YOU MR. CHAIR. YEP. ANY OTHER QUESTIONS? NOPE. LET'S HEAR THE NEXT SPEAKER. UH, THAT'S THE LAST PUBLIC COMMENT. ALL RIGHT. UH, WE HAVE THE APPLICANT COME BACK FORWARD PLEASE. UH, HAVING HEARD FROM THE COMMUNITY IS WE LIKE TO SEE IF THERE'S ANY MORE QUESTIONS FROM THE COMMISSION. DID WE GET SOME STAFF RESPONSE ON THE A HUNDRED FOOT SETBACK? OH YEAH. STAFF. DID YOU FIND ANYTHING ABOUT THE A HUNDRED FOOT WEATHER ONE DAY TRIGGERS THAT YEAH, WE'RE STILL PULLING THAT UP. UM, OKAY. WE KNOW IT'S NOT WITHIN THE PURVIEW OF THE BOARD OF ADJUSTMENT TO GRANT THAT VARIANCE, UM, BUT WE'RE STILL PUTTING THAT UP. ALL RIGHT. THANK YOU. UH, ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? ALRIGHT, HEARING NONE. UM, IS THERE ANY REBUTTAL TO THE COMMENTS YOU'VE HEARD FROM THE COMMUNITY? YEAH, I THINK WE ARE DEALING WITH THE RULES IN PLACE TODAY AND WE'RE DEALING WITH POLITICAL DECISIONS OVER WHEN IT'S GONNA BE REZONED. THAT MAY BE IN A MONTH, IT MAY BE IN A YEAR, MAY NOT HAPPEN. BUT WE ARE DEALING WITH THE RULES IN PLACE TODAY. I WOULD CHALLENGE THE, UM, THE, THE SMELL, THE STENCH. THERE ARE DUMPSTERS THAT ARE PICKED UP THREE OR FOUR TIMES A WEEK. UM, IT'S OBVIOUSLY AN AREA THAT WE ARE CONCERNED ABOUT. WE KNOW THAT WE'RE ALSO MONITORED, AS I SAID, BY A NUMBER OF OTHER CITY AGENCIES IN TERMS OF IF THERE IS AN ISSUE WE'RE GONNA BE, UH, HANDLING IT. BUT I DON'T BELIEVE THAT THAT IS AS SERIOUS AN ISSUE AS, AS BEING USED. UM, THERE ARE 34 TRAIN MOVEMENTS A DAY. I'M NOT SURE HOW MANY ARE AT NIGHT AND HOW MANY ARE DURING THE DAY. UM, THE TRUCKS, UH, COMING IN, THERE'S ONE OR TWO TRUCKS COMING. IT'S NO MORE ADDITIONAL PRESSURE ON THE ROAD THAN THERE IS AT THE MOMENT. IT'S NOT SIGNIFICANTLY MORE. THE A HUNDRED FOOT VARIANCES WE'RE TALKING ABOUT, IT'S NOT REALLY WITHIN THE BOARD OF ADJUSTMENTS. PREVIEW ON THAT. IF, IF THAT IS DEEMED, THEN WE'LL HAVE TO ADDRESS THAT AS WELL. WHAT WE'RE ASKING FOR IS YOU TO MAKE A DECISION ON THE SETBACK REQUIREMENTS FOR THIS BUSINESS. NOW WE DON'T INTEND TO PUT IN ABRASIVE MANUFACTURING FACILITY IN THERE. THE BEST USE OF THIS PROPERTY IS MORE THAN, THAN AN EMPTY SECTION WITH DERELICT WALLS. AND, YOU KNOW, IT'S AN EYESORE AT THE MOMENT AND WHAT WE'RE PROPOSING IS IN THE BEST USE OF THE, THE COMMUNITY. UM, I THINK CHILDREN, I MEAN CHILDREN LIKE HORSES. WE'VE GOT AGREEMENT FROM THE CHURCH FOR PARKING. THERE WAS AN INDICATION ABOUT A NO PARKING AREA. WE'VE GOT 15 PARKING SPACES ACROSS THE ROAD. UM, THAT'S ABOUT ALL. ALRIGHT, THANK YOU MR. CHAIR. I HAVE A QUESTION. YES, COMMISSIONER. SO WE'VE, WE'VE HEARD ABOUT THE NEIGHBOR'S OPPOSITION. CAN YOU SPEAK ABOUT THE HARDSHIP? IF THIS VARIANCE WAS NOT TO PASS, UM, YOU'RE SERIOUSLY LOOKING AT CLOSING AN INSTITUTION. SHE HAS, UM, 12 HORSES, NINE EMPLOYEES BEEN IN BUSINESS, UM, FOR SIX YEARS. UM, IT, THERE ARE NOT A LOT OF OTHER PROPERTIES ON THE MARKET OR AVAILABLE THAT WOULD MEET THAT SIZE REQUIREMENT. WITH ALL THE SETBACKS, I THINK WE'VE MITIGATED AS MUCH AS WE CAN, BUT WE'RE ALSO TALKING ABOUT THE LOSS OF AN INSTITUTION IN SAN ANTONIO THAT HUNDREDS OF THOUSANDS OF PEOPLE RIDE THOSE CARRIAGES, SPEND MONEY IN SAN ANTONIO, SUPPORT SAN ANTONIO. AND, UM, SHE'S A WELL-RESPECTED BUSINESS, DOES A GREAT JOB. AND SHE SPENT [00:45:01] THE LAST COUPLE OF MONTHS FIGHTING FOR THE EXISTENCE OF HER BUSINESS. THANK YOU. ALL RIGHT. ALL RIGHT. HEARING NO MORE QUESTIONS. UM, DOES ANY COMMISSIONER FEEL, UM, DO THEY, DO THEY WANT TO HEAR ABOUT THE A HUNDRED FOOT RULE BEFORE A MOTION IS MADE OR CAN WE JUST PROCEED TO A MOTION? I HAVE A QUESTION FOR THE CITY. YES, COMMISSIONER BEN. SO BY MY COUNT I SHOW SIX VOICEMAILS THAT WERE IN OPPOSITION AND FIVE SPEAKERS. DO YOU KNOW IF ALL OF THEM ARE WITHIN THE 200 FEET RADIUS OF THE PROPERTY OR IF NOT, HOW MANY? UH, GIMME ONE SECOND. AND JUST TO QUAL, UM, TO ANSWER ON THE STABLE LOCATION THAT SHE WAS MENTIONING ABOUT THE A HUNDRED FOOT, THERE IS A, A IN SECTION 33 DASH 4 71 FOR THE LOCATION OF THE STABLES THEMSELVES THAT YES, THERE IS A 100 FOOT, UM, REGULATION DISTANCE FROM ANY SINGLE FAMILY DWELLING. FOR, FOR JUST A STABLE. IT SAYS ANY DWELLING. AND THAT'S JUST THE STABLES ALONE FOR THE, UM, SO STAYING THERE OVERNIGHT IS IRRELEVANT? CORRECT. OKAY. IT LOOKS LIKE IT WOULD NOT BE PERMITTED. AND ONE OF THE VOICEMAILS WAS WITHIN 200 FEET. SO ONE OF THE SIX WAS WITHIN? CORRECT. OKAY. ALRIGHT, WELL, WITH THAT, I'M LOOKING FOR A MOTION AND JUST REMEMBER THE APPLICANT HAS STATED, UH, THAT ITEMS FOUR AND FIVE WOULD NO LONGER BE NECESSARY. SO WHOEVER DESIRES TO READ A MOTION, THEY CAN SKIP FOUR AND FIVE. AND JUST FOR CLARIFICATION, AGAIN, GIVEN THE A HUNDRED FOOT, WOULD WOULD THERE BE THE ADEQUATE DISTANCE FROM THE NEIGHBORING RESIDENTIAL PROPERTIES FROM THE STABLE LOCATION? NO. UM, UM, AND UH, SO IS THERE A COMMISSIONER WHO WANTS TO MAKE A MOTION OR, OR THE MOTION? ALL RIGHT, COMMISSIONER ZUNA REGARDING CASE NUMBER BOA DASH 24 DASH 3 6 4, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR ONE A 15 FOOT VARIANCE FROM THE MINIMUM 15 FOOT BUFFER TO ALLOW THE ELIMINATION OF THE BUFFER IN THE FRONT YARD AND TWO, A 29 FOOT 11 INCH VARIANCE FROM THE MINIMUM 30 FOOT FRONT SETBACK TO ALLOW A STRUCTURE WITHIN ONE INCH FRONT SETBACK. THREE A 29 FOOT, 11 INCH VARIANCE FROM THE MINIMUM 30 FOOT SIDE SETBACK TO ALLOW A STRUCTURE WITH ONE INSIDE SETBACK, UM, SITUATED AT 21 0 2 SOUTH PES STREET, APPLICANT BEING STEPHANIE GARCIA. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. STAFF FINDS OF THE VARIANCES ARE NOT CONTRACT TO PUBLIC INTEREST AS A REDUCED SETBACKS AND THE ELIMINATION OF THE BUFFER YARD IS NOT CONTRACT TO PUBLIC INTEREST IS AS IT DOES NOT NEGATIVELY IMPACT ANY SURROUNDING PROPERTIES ON OR THE PUBLIC. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT, UH, INCORPORATING THE MINIMUM BUFFER YARDS REQUIREMENTS, WHICH WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WILL NOT HAVE ADEQUATE DEVELOPMENT AREA. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. IN THIS CASE, THE ELIMINATION OF THE BUFFY YARDS AND COMPOSITION, UH, WILL ADHERE TO THE SPIRIT OF THE ORDINANCE AS IT PROVIDES ADEQUATE SEPARATION AND PROTECTION FROM THE RIGHT OF WAY IN ABUTTING RESIDENTIAL. LOTS FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE SONY DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE VIA SUCH VARIANCE, WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALTER, ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE VARIANCE WILL PROVIDE A SECURE HOUSING OF THE HISTORICAL CITY OF SAN ANTONIO HORSE-DRAWN CARRIAGE TOURIST ATTRACTION AND WILL NOT ENSURE THE SURROUNDING AREA AND SIX, APPLY TO THE OWNER OF THE PROPERTY, WHICH THE, THE VARIANCE IS SOUGHT AS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL AND NOT DUE TO OTHER RESULT, UH, RESULT OF GENERAL CONDITIONS TO THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE SUBJECT PROPERTY IS LOCATED WITHIN A REASONABLE DISTANCE FROM THE CITY CENTER, ALLOWING A SAFER AND LESS CONGESTED AREA TO HUB HORSES AND CARRIAGES AND THE LOT SIZE LIMITED FOR THE USE OF WHICH IT IS ZONED. END OF MOTION. SECOND. SECOND BY COMMISSIONER MAN. COMMISSIONER ZUNA. YES, I, UH, READ THE MOTION SO AS TO BE THE, THIS BOARD WILL BE ABLE TO TAKE A VOTE ON THE MOTION. I DO BELIEVE THERE ARE SOME CONCERNS OF THE NEIGHBORS THAT ARE VALID WITH THE USE. I DO HAVE A CONCERN ABOUT THE SUBSEQUENT USE OF THE PROPERTY, UH, WITH THE VARIANCES THAT WERE SET WE'RE, UM, YOU KNOW, REDUCING HERE AND [00:50:01] THE IMPACT TO THE NEIGHBORING PROPERTIES. AND I DO THINK THAT THE LOCATION OF THE STABLES FROM THE, WITH WITHIN THE A HUNDRED FOOT MAY BE, YOU KNOW, GROUNDS FOR FURTHER, YOU KNOW, UH, NEIGHBORING PROPERTIES TO, UM, INVESTIGATE. SO IT'S A CHALLENGING QUESTION. I, UM, I'M READING THE MOTION, SIR. ALRIGHT. COMMISSIONER MANOR. SO, UM, I I WON'T BE SUPPORTING THE MOTION. UM, AND FOR ONE OF THE THINGS THAT WE ALWAYS TALK ABOUT, ABOUT, YOU KNOW, IS, UH, I GUESS A PERMANENCE OF THIS KIND OF DIALOGUE AND SO THAT, SO WHATEVER WE DO IS GOING TO BE PERMANENTLY AFFIXED TO THIS PROPERTY. AND SO, SO, UM, AND I THINK THAT REGARDLESS OF THE BUSINESS THAT WOULD'VE BEEN HERE, I PROBABLY WOULD NOT HAVE BEEN VOTING FOR THIS. SO, SO REALLY IT'S SECONDARY WITH REGARDS TO THE BUSINESS. THANK YOU. ANY OTHER COMMISSIONERS LIKE TO ADD? UH, I JUST WANTED TO ADD THAT I'LL BE OPPOSED, UH, FOR ADDITIONAL REASONS. UM, I'M, I FEEL THAT BECAUSE THE, UH, THE CLASS OF SOUTH PRESA NOT HAVING A VISUAL SITE DISTANCE IS IMPORTANT TO ME. KNOWING THAT THERE NEEDS TO BE A BIGGER SIDEWALK, UH, VIA BUS STOP THERE AND JUST THE LARGE AMOUNT OF OVERHEAD ELECTRIC, UH, THERE'S JUST, THERE'S TOO MUCH GOING ON FOR BUILDINGS TO BE THAT CLOSE TO A STREET AT THAT CORNER. SO FOR THAT, I'LL BE OPPOSED. SO STAFF LET HAVE A ROLL CALL VOTE PLEASE. COMMISSIONER OZUNA, I DO NOT CONCUR. COMMISSIONER MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? I DO NOT CONCUR. COMMISSIONER STEVENS? I DO NOT CONCUR. COMMISSIONER IBANEZ? I DO NOT CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER CRUZ? I DO NOT CONCUR. COMMISSIONER GOMEZ? I DO NOT CONCUR. COMMISSIONER BENAVIDEZ? I DO NOT CONCUR. COMMISSIONER BRAGMAN, I DO NOT CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I ALSO DO NOT CONCUR WITH THE FINDINGS OF FACT. MOTION FAILS 0 2 11. UM, IF YOU, UH, FOR THE APPLICANT, IF YOU WANT TO GET WITH STAFF, IF YOU HAVE ANY QUESTIONS, I'M SURE THEY'LL, THEY'LL HELP YOU OUT, UH, WITH ANY QUESTIONS YOU MAY HAVE. ALL RIGHT, NEXT ITEM, ITEM FIVE. AND, UH, COMMISSIONER, UH, CHAIR? YES. UM, WE DO HAVE SIGNIFICANT PEOPLE SIGNED UP FOR ITEM NUMBER 11. UM, IS YOUR PERMISSION, UH, IF WE CAN DO THAT ONE NEXT? SURE. LET'S MOVE TO ITEM 11. 11. YEAH, YOU CAN PULL UP THE SLIDE. ALL RIGHT. UM, ITEM NUMBER 11 IS BO OA 24 1 0 3 0 0 0 89 ADDRESS OFF OF 1 6 7 COUNTRY LANE IN DISTRICT 10. APPLICANT BEING MOON STAR ADVENTURES LLCA REQUEST FOR A SIX FOOT VARIANCE FROM THE MAXIMUM THREE FOOT FENCE HEIGHT TO ALLOW A SIX FOOT PRIVACY FENCE IN THE FRONT YARD. ZONED, UH, NEIGHBORHOOD PRESERVATION DISTRICT. NEXT SLIDE. PROPERTY LOCATED AT 1 67 COUNTRY LANE NEAR TO SAN ANTONIO INTERNATIONAL AIRPORT JUST SOUTH OF THE INTERSECTION OF FOUR 10 IN OSIS, UH, PERMIT ACTIVITY FEBRUARY OF 2024. A PERMIT WAS APPLIED FOR A FENCE SHOWING A THREE FOOT PRIVACY FENCE IN THE FRONT YARD. SIX FOOT PRIVACY FENCE, SIX FOOT FENCE IN THE SIDE AND REAR YARD. UH, A COUPLE DAYS LATER A PERMIT WAS APPROVED AND ISSUED. UH, NEXT MONTH THE APPLICANT UH, SUBMITTED AN AMENDMENT TO LOWER, UM, CEMENT THREE FOOT FROM THE FRONT OF THE HOUSE, PLASTER AND PAINT. THE HEIGHT REMAINS THE SAME IN THE FRONT YARD. UM, A FEW DAYS LATER PERMANENT AMENDED WAS APPROVED AND ISSUED TO APPLICANT. NEXT SLIDE. A MAXIMUM OF THREE FOOT SOLID. UH, FENCE HEIGHT IS ALLOWED IN THE FRONT YARD. THE LOT IS, UH, OVER 55 UM, THOUSAND SQUARE FEET FOR BEXAR COUNTY APPRAISAL DISTRICT. AS SUCH, THEY ARE PERMITTED UP TO A SIX FOOT, PREDOMINANTLY OPEN FENCE IN THE FRONT YARD. PROPERTIES IN THE AREA ARE PREDOMINANTLY OVER 20,000 SQUARE FEET, WHICH PERMITS UP TO A SIX FOOT FENCE IN THE FRONT YARD. NO OTHER PROPERTIES IN THE AREA OF THE FOUND TO HAVE A TALL PRIVACY FENCE IN THE FRONT YARD. THE REQUEST IS NOT QUALIFIED FOR A FENCE HEIGHT, SPECIAL EXEMPTION, AND THOSE ARE LIMITED TO EIGHT FOOT IN HEIGHT ON A RESIDENTIAL LOT. SLIDE MARK CHASE. UH, CODE OF ENFORCEMENT INVESTIGATION WAS INITIATED FOR A BUILDING OUTSIDE THE SCOPE OF THE PERMIT. A FRONT YARD FENCE APPROXIMATELY EIGHT TO NINE FEET. THE HEIGHT WAS OBSERVED A STOP WORK ORDER WAS ISSUED. FENCE DID NOT MATCH THE DETAILS ON THE PERMITTED SITE PLAN. PERMANENT SITE PLAN. UH, MARCH 9TH AND 10TH AT LEAST 10 RE-INSPECTIONS WERE CONDUCTED. VIOLATIONS WERE OBSERVED AND CITATIONS WERE ISSUED. MAY 14TH MUNICIPAL COURT HEARING CASE RESET 30 DAYS UNTIL JUNE 11TH, UH, [00:55:01] MAY 23RD. REINSPECTION CONDUCTED VIOLATION REMAINED. NO VISIBLE WORK ON THE SITE WAS OBSERVED. IT'S THE SITE PLAN SUBMITTED BY THE APPLICANT TO, FOR THE BOA CASE. IT'S, UH, MORE DETAILED SITE PLAN SHOWING THE LOCATION OF THE FRONT YARD FENCE. THIS IS THE ORIGINAL, UH, FENCE PERMIT, UH, SHOWING THE, THEY APPLIED FOR A THREE FOOT FRONT YARD FENCE. UH, THIS IS THE AMENDED ONE. UM, CHANGING THE MATERIAL BUT STILL KEEPING THE FRONT, UH, FENCE IS THREE FEET. SO COMMUNICATION WITH THE, UH, STAFF AND APPLICANT PROPERTY. THIS IS THE SIDE OF THIS, UH, SUBJECT PROPERTY ON THAT PRIVATE STREET. IT'S THE REAR OF THE PROPERTY AND SURROUNDING AREA SHOWS, UH, THE DIFFERENCE IN, UM, WHAT SEEMS TO BE ADDITIONAL WORK BEING DONE AFTER A STOP WORK ORDER WAS, UH, GIVEN STAFF RECOMMENDS IT NOW IN BO O 8 24 1 0 3 0 0 0 89 BASED ON THE FOLLOWING FINDINGS OF THE FACT PRIVACY OFFENSE HEIGHT FAR EXCEEDS THE ADDITIONAL PERMITTED HEIGHT IN THE FRONT YARD. THE VARIANCE WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT BY CREATING A FORTRESSLIKE DEVELOPMENTS ON A RESIDENTIAL AREA. PUBLIC INTEREST WILL BE COMPROMISED AS GENERAL SAFETY OF THE AREA WILL BE IMPACTED. 142 NOTICES WERE MAILED OUT. UH, ONE IN FAVOR, 15 OPPOSED OAK PARK NEIGHBORHOOD. OAK PARK, NORTHWOOD NEIGHBORHOOD ASSOCIATION IS OPPOSED NO RESPONSE FROM THE NORTHEAST COMMUNITY ALLIANCE COMMITTEE ORGANIZATION. AND FOUR ADDITIONAL OPPOSED OUTSIDE 200 FEET. AND THE FOLLOWING SLIDES IS THE PUBLIC COMMENTS RECEIVED. THAT CONCLUDES PUBLIC COMMENTS AND THE APPLICANT IS PRESENT. ALL RIGHT, SO THE APPLICANT COME FORWARD. UH, GOOD AFTERNOON, COMMISSIONERS. UH, MY NAME IS JAVIER GUERRA. I REPRESENT THE APPLICANT, MOON STAR, UH, ADVENTURES AND ALEXA PERSON. INITIALLY I THINK I NEED TO MAKE, MAKE SOME CORRECTIONS TO WHAT THE STAFF PRESENTED TO YOU. THIS FENCE IS SEVEN FOOT 10 INCHES ALL THE WAY AROUND. THERE'S NOTHING OVER NINE FEET, NOTHING OVER EIGHT FEET. SO AS YOU, AS ALL OF YOU KNOW, ANYTHING OVER EIGHT FEET REQUIRES ENGINEERING. THERE'S NOTHING OVER SEVEN FOOT 10 INCHES. EVERYTHING HAS BEEN TAKEN DOWN TO THAT. THE CODE COMPLIANCE GAVE THEM MANY TICKETS AND WE MET WITH DSD STAFF, UH, INCLUDING THE DIRECTOR AND SOME AGREEMENTS WERE MADE. AND THEN WE STARTED GETTING CITATIONS ALMOST DAILY, UH, TELLING US WE CAN'T WORK ON IT. BUT THEN AT THE SAME TIME, WE HAD TO WORK ON IT TO LOWER IT DOWN. SO WE WERE GETTING THESE CONFLICTING TICKETS AND THERE WAS NOTHING WE COULD DO ABOUT IT. WE ENDED UP IN COURT AND BOTH THE CITY AND I FILED TEMPORARY RESTRAINING ORDERS AGAINST EACH OTHER, UH, WHICH WERE RESOLVED. NO MORE TICKETS ARE BEING ISSUED. UH, WE ARE HERE TODAY TO ASK FOR A VARIANCE. THE FRONT PAGE OF THE LITTLE PACKET I GAVE TO YOU SHOWS THE FINISHED RENDERING OF THE FENCE. THE FENCE IS ONLY ABOUT 60% DONE. NO TREES HAVE BEEN PLANTED, NO BOGANS HAVE BEEN PLANTED. FLOWERS, THERE'S ALL SORTS OF WORK THAT REMAINS TO BE DONE TO, TO MAKE IT LOOK BETTER. YOU WON'T EVEN BE ABLE TO SEE THE FENCE WHEN THIS IS CONCLUDED. I THINK THE MAIN ISSUE THAT WE'RE DEALING WITH HERE IS THE LOCATION OF THE HOUSE AND SAFETY. MY CLIENT'S A SINGLE MOTHER WITH TWO DAUGHTERS THAT LIVE AT HOME WITH HER, ALRIGHT? ONE OF THEM HAD REQUIRES SURGERY AND SPECIAL NEEDS. THE, BECAUSE IT WAS THE TYPE OF SURGERY IT WAS, WHICH INVOLVES HER, HER BRAIN, [01:00:01] IT, THEY REQUIRE SILENCE, SOLACE, YOU KNOW, WITHOUT ISSUES. AND THAT'S ONE OF THE REASONS HERE, YOU KNOW, THERE WAS A MURDER DOWN THE STREET. YOU KNOW, SHE'S RIGHT THERE CLOSE TO CHES AND LUKE FOUR 10, YOU KNOW, BARN DOOR IS DOWN THE STREET IN MY LIFE, 56 YEARS IN SAN ANTONIO, MY CAR HAS ONLY BEEN BROKEN INTO AT THE BARN DOOR. AND SO CRIME BECAUSE OF LOOP FOUR 10 BEING RIGHT DOWN THE STREET IS PREVALENT. PEOPLE WOULD COME TO HER FRONT DOOR, YOU KNOW, PEOPLE WOULD KNOCK ON HER DOOR. SHE'S FOUND STRANGERS IN HER BACKYARD. PEOPLE HAVE BROKEN INTO CARS, YOU KNOW, INSIDE HER, HER PROPERTY LINE. AND FOR ALL THOSE REASONS, YOU KNOW, SHE FEELS SAFER. MY CLIENT IS FROM LAREDO, NOT FROM SAN ANTONIO. YOU KNOW, SHE FEELS SAFE WITH THE COURTYARD IN FRONT, WHICH IS WHAT IT WE DESIGNATE AS A COURTYARD. THE ARCHITECT THAT HAS LOOKED AT ALL THIS HAS ALSO AGREED THAT WE HAVE A COURTYARD IN FRONT, WHICH OBVIATES SOME OF THE HEIGHT RESTRICTIONS HERE. THERE'S NO INTENT TO THUMB THEIR NOSE IN THE FACE OF ANYBODY. YOU KNOW, SHE WANTS IT TO LOOK GOOD AND IT WILL LOOK GOOD. YOU KNOW, SHE IS A ART CONSULTANT ADVISOR. SHE'S BEEN ON THE FORMER TRUSTEE OF THE LINDA PACE FOUNDATION. YOU KNOW, IT WILL BE A VERY BEAUTIFUL FENCE WHEN IT'S CONCLUDED. SO AT THE TIME THAT THE CITY JUST MADE THEIR RECOMMENDATION, THE FENCE, LIKE I SAID, WAS ONLY 60% DONE. SO IT'S NOT A FINISHED PRODUCT. SO YOU'RE NOT GETTING TO SEE THE FINISHED PRODUCT. THE HANDOUT HAS MORE OF A FINISHED PRODUCT, UH, FOR YOU TO SEE. AND IF ANYBODY NEEDS ONE, I'VE GOT A COUPLE EXTRA ONES UP HERE. UH, SO I CAN HAND THOSE OUT. YOU KNOW, TWO HOUSES DOWN FOR MY CLIENT IS A FENCE THAT WAS STARTED IN MAY. NOT UP TO CODE, NO PERMITS BEEN ISSUED, BUT CODE COMPLIANCE WOULD COME TO OUR HOUSE DAILY. YOU KNOW, WE HAD ONE NEIGHBOR SITTING ACROSS THE STREET ON HIS CHAIR TAKING PHOTOGRAPHS DAILY OF MY CLIENT'S HOUSE. YOU KNOW, THAT'S THE KIND OF STUFF THAT WE DON'T NEED. AND THAT'S THE REASON MY CLIENT IS ASKING, YOU KNOW, Y'ALL TO ALLOW HER TO BE SAFER, FEEL SAFER, PROTECT HER FAMILY, AND ALLOW THIS BEAU WHAT WILL BE A BEAUTIFUL FENCE TO BE AROUND THE HOUSE, THE TREES AND, AND BRANCHES AND ALL THAT. WILL COVER THE FENCE. YOU WON'T SEE IT. I KNOW IF SHE WAS MY FAMILY MEMBER, I WOULD WANT SOMETHING LIKE THIS. I LIVE DOWN THE STREET FROM HER. I LIVE ABOUT 12, 15 BLOCKS FROM HER. THERE'S A HOUSE HALF A BLOCK AWAY FROM ME SURROUNDED BY A FENCE. IT'S A, IT'S A BRICK. NO, IT'S ACTUALLY BIG STONE FENCE. COMPLETELY SURROUNDS THE HOUSE. AND THAT'S RIGHT DOWN THE STREET, RIGHT OFF URBAN CREST AND, UH, ALVIN. SO THE CITY IN SOME OF ITS RECOMMENDATIONS FOR THIS STATED FOR INSTANCE, THAT THE PROPERTY IS WITHIN THE AIRPORT HAZARD ZONE AND SOME SORT OF A THREAT. I DON'T UNDERSTAND. UH, BUT, YOU KNOW, LOOP FOUR 10 IS BETWEEN THE HOUSE AND THE AIRPORT. THE, THE FACT THAT MY CLIENT ISN'T, OUR CONSULTANT AND ADVISOR LETS EVERYBODY KNOW THIS WILL BE A NICE FENCE. YOU KNOW, SHE REALLY IS ASKING FOR YOUR PERMISSION TO ALLOW HER TO FEEL SAFER. IT WILL BEAUTIFY THE NEIGHBORHOOD. NOW WE UNDERSTAND SOME NEIGHBORS DON'T LIKE IT. IT'S NOT FINISHED. I THINK WHEN IT IS ALL SAID AND DONE. IT'LL BE BEAUTIFUL. THERE ARE FENCES AND IN THE PACKET YOU CAN SEE OTHER FENCES AROUND THE NEIGHBORHOOD AND OTHER, SOME ARE VIOLATIONS, SOME AREN'T, BUT THEY REALLY CAME DOWN ON US DAILY. I WOULD CALL THEM, I WOULD CALL THE DSD AND TRY TO WORK THINGS OUT. COULDN'T. SO, YOU KNOW, WE'RE AVAILABLE FOR QUESTIONS. I'VE GOT MY CLIENT HERE AND WE'RE WILLING TO ANSWER ANY QUESTIONS THE COMMISSIONERS MAY HAVE. YES, SIR. NO, I WAS GONNA SAY THANK YOU. I WAS OKAY. WE WILL HEAR WHAT THE COMMUNITY HAS TO SAY. IF THERE'S VOICEMAILS FIRST, PLEASE GO AHEAD, START WITH THE VOICEMAILS. THIS, I LIVE AT ONE SEVENTY EIGHT COUNTRY LANE. MY PHONE NUMBER IS (210) 887-3311. I'M CALLING A CASE, UH, THE LAST THREE DIGITS OF WHICH ARE OH EIGHT NINE, WHICH I UNDERSTAND IS GOING [01:05:01] TO BE HEARD THIS MORNING, JUNE 3RD AT THE BOARD OF ADJUSTMENT. UM, THANK YOU FOR ALLOWING ME TO VOICE MY FAMILY'S CONCERN AND OBJECTION TO THE ERECTION OF A NINE FOOT CONCRETE WALL AROUND A HOME, JUST DOWN AND ACROSS THE STREET FROM OUR HOME AT 1 78 COUNTRY LANE, WHERE WE'VE NOW LIVED FOR 31 YEARS. MY NAME IS STEVE DAVIS. I WAS BORN AND REARED IN DIFFERENT SAN ANTONIO NEIGHBORHOODS BEFORE HEADING TO THE EAST AND WEST COAST, WHERE I MET MY WIFE FOR 45 YEARS. JOLENE, WHEN WE STARTED THE FAMILY, WE DECIDED TO RETURN TO MY FAMILY IN HOMETOWN OF SAN ANTONIO. JOLENE AND I HAVE RAISED TWO CHILDREN IN SAN ANTONIO AND THEY BOTH RETURNED HERE TO LIVE AS ADULTS. THEY LIKE, WE LOVE OUR CITY'S WARMTH AND WELCOMING OPENNESS REGARDLESS OF WHAT POLITICAL SIGNS OR LOT SIZES THERE ARE IN OUR SAN ANTONIO NEIGHBORHOODS, THE COMMON THEME IS THAT THEY ARE OPEN, NO WALLS, NO FORTRESSES. IT DEFINES THE NEIGHBORHOODS WE'VE LIVED IN FOR DECADES. IT'S AN IMPORTANT PART OF OUR CITY'S CHARACTER AND IT DEFINES THE VALUE OF OUR PROPERTIES, IS WHY WE LIVE WHERE WE DO. IT'S A GREAT CONCERN TO US THAT SOMEONE NEAR US HAS DECIDED THAT THEY CAN LIVE UNDER DIFFERENT RULES FROM THE REST OF US BY DIRECTING A SOLID NINE FOOT TALL, WHITE CONCRETE WALL BEHIND WHICH WE DON'T KNOW WHO'S COMING AND GOING. A FORTRESS OF SORTS. I GUESS IT CHANGES THE NATURE OF THAT PART OF THE NEIGHBORHOOD. IF THIS PERSON IS ALLOWED TO VARY FROM AN ORDINANCE THAT WAS IN PLACE WHEN THEY BOUGHT THAT PROPERTY, WHY CAN'T OTHERS DO IT NOW? WHEN WE MOVED INTO OUR HOME 31 YEARS AGO, WE KNEW WHAT THE RULES WERE ON BEAUTIFUL COUNTRY LANE AND ALL, ALL THE STREETS AROUND US. I DON'T KNOW THE OWNER OF THE WALDORF PROPERTY. I CAN MAKE NO JUDGMENT ABOUT HER CHARACTER OR PERSONALITY OR INTENTIONS OTHER THAN THIS OWNER FEELS THAT FOR SOME REASON SHE SHOULD BE ALLOWED TO MODIFY THE PROPERTY IN A WAY DRAMATICALLY AND CONSISTENT WITH WHAT SHE SHOULD HAVE KNOWN THE RULES WERE WHEN SHE MOVED INTO THAT HOME. IF SHE'S ALLOWED TO CONSTRUCT A NINE FOOT WALL, WHAT'S TO PREVENT OTHERS FROM DOING IT? I HOPE THE BOARD OF VARIANTS WILL CONTINUE TO ENFORCE THE FENCING ORDINANCE IN PLACE FOR MANY DECADES, ALLOWING SAN ANTONIO NEIGHBORHOODS TO BE JUST THAT NEIGHBORHOODS OF FAMILIES, OPEN, VISIBLE, PLEASANT THEMSELVES. DEFINING WHAT MAKES SAN ANTONIO ONE OF AMERICA'S FRIENDLIEST AND LOVELIEST CITIES. THANK YOU FOR YOUR CONSIDERATION. HELLO, THIS IS KRISTIN TINO ARNOLD. I LIVE AT 1 54 COUNTRY LANE SEVEN EIGHT TWO ZERO NINE. MY PHONE NUMBER IS (210) 844-1728 AND I'M CALLING ABOUT CASE NUMBER 2 4 1 0 3 0 0 0 8 9. I JUST WANTED TO EXPRESS, UH, MY CONCERN FOR THE RESIDENTIAL FENCE HEIGHT ACROSS THE STREET FROM US. UM, A SIGNIFICANT PORTION OF THE FRONT OF OUR PROPERTY IS LOCATED DIRECTLY ACROSS THE STREET FROM 1 67 COUNTRY LANE, WHICH IS THE, UM, PROPERTY THAT WE ARE CONCERNED ABOUT. I OPPOSE MOON STAR'S APPLICATION FOR A VARIANCE. UM, BECAUSE OF THE RELATIVE LOCATION OF OUR TWO PROPERTIES, UH, WE ARE ACTUALLY CON CONFRONTED, UM, MULTIPLE TIMES A DAY AS WE EXIT OUR PROPERTY. WITH THE ILLEGALLY CONSTRUCTED OVERSIZED, IT ACTUALLY LOOKS QUITE MILITARISTIC, UM, AND VERY INDUSTRIAL LOOKING WALL, UM, WHICH DOESN'T SEEM TO BE COMPATIBLE WITH THE REST OF OUR STREET. NOW, WHILE THE EXCEPTION OF, UH, A HANDFUL OF UNIMPROVED, LOTS FOR SALE FOR NEW HOUSES, ALL OF THE LOTS, UH, OR THE HOUSES THAT ARE CLOSE TO US, ALL THE HOUSES CLOSE TO US, UH, ARE LIVED IN AND OWNED BY INDIVIDUALS ONLY 1 67 COUNTRY LANE IS OWNED BY A LIMITED LIABILITY COMPANY, AND THAT'S CONCERNING FOR ME THAT THEY'VE NOW PUT AN EIGHT TO NINE FOOT WALL AROUND THE ENTIRE PROPERTY. UM, MAKING ME CONCERNED THAT PERHAPS THERE'S, UH, SOME TYPE OF COMMERCIAL NATURE GOING ON BEHIND, UM, THAT WALL. SO PLEASE CONSIDER THIS AS A DENIAL OR, UH, NOT SUPPORTING, UM, MOON STAR'S APPLICATION FOR A VARIANCE AND CONSIDER, UM, MOVING THAT WALL TO BE IN COMPLIANCE, UH, WITH THE REST OF THE NEIGHBORHOOD. THANK YOU. ALL RIGHT, UM, WE'RE GONNA GO TO, UH, INDIVIDUALS SIGN UP TO SPEAK AND IF ANYBODY IS GIVING UP THEIR TIME, PLEASE LET, UH, ME KNOW. FIRST SPEAKER IS MR. JEFF WENTWORTH. AFTERNOON, MR. CHAIRMAN AND MEMBERS. UH, MY NAME IS JEFF WENTWORTH AND MY WIFE CARLA AND I [01:10:01] BOUGHT OUR TWO STORY DREAM HOME ON A HALF ACRE LOT AT ONE 60 COUNTRY LANE 24 YEARS AGO, COMPLETE WITH TENNIS COURT AND SWIMMING POOL. WE RAISED OUR TWO SONS THERE AND TAUGHT OUR FIRST GRANDSON HOW TO SWIM THERE. WE LOVE OUR NEIGHBORHOOD AND OUR NEIGHBORS LOVE IT TOO. THEY TAKE PRIDE IN THEIR HOMES, KEEP THEM UP AND HAVE BEAUTIFUL LAWNS, AND IT'S A VERY SAFE NEIGHBORHOOD AS AN INDICATION OF HOW MUCH RESIDENTS WHO LIVE ON COUNTRY LANE LOVE IT AND FEEL ABOUT ITS BEAUTY AS WELL AS SAFETY. MOST FOLKS HAVE LIVED HERE FOR MANY YEARS, EMILY BURNER FOR 35 YEARS, THE KELLY'S FOR 34 YEARS, THE DENS FOR 32 YEARS. DR. MS STEVE DAVIS FOR 31 YEARS, CARLA AND ME FOR 24 YEARS. JEAN PACE FOR WELL OVER 20 YEARS, THE CARRINGTONS FOR OVER 14 YEARS, THE BAKKERS FOR 12 YEARS, AND THE ARNOLDS FOR 11 YEARS BECAUSE OF THIS STABLE, SAFE, WELL-ESTABLISHED AND BEAUTIFUL NEIGHBORHOOD FOR MANY YEARS. IT IS PARTICULARLY DISTRESSING TO ALL OF US THAT A LIMITED LIABILITY COMPANY PURCHASED A 1.25 ACRE TRACT AT 1 67 COUNTRY LANE DIRECTLY ACROSS THE STREET FROM OUR HOUSE. BY, BY THE WAY, I'M THE PHOTOGRAPHER, UH, JUST A LITTLE OVER ONE YEAR AGO AND HAS UPENDED THE ESSENTIAL CHARACTER OF THE AREA BY ERECTING AN OMINOUS LOOKING ILLEGAL EIGHT FOOT CINDER BLOCK WALL ON THE PERIMETER OF THE ENTIRE PROPERTY, DOING SO WITHOUT THE REQUIRED BUILDING PERMIT AND FLAGRANTLY VIOLATING THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF SAN ANTONIO REGARDING RESIDENTIAL FEET HEIGHT RESTRICTIONS. WHAT WE HAVE PLOPPED DOWN IN THE MIDDLE OF THIS VERY ATTRACTIVE AND DESIRABLE NEIGHBORHOOD BY MOON STAR ADVENTURES. LLC IS SOMETHING THAT LOOKS A LOT LIKE A MEXICAN DRUG CARTEL COMPOUND IN NUEVO LAREDO COMPLETE WITH TALL BLACK METAL GATES TO BLOCK ENTRY TO THEIR PROPERTY. IT'S A SHOCKING EYESORE AND COMPLETELY AT ODDS WITH EVERY OTHER OF THE 58 HOMES ON COUNTRY LANE MOON STAR ADVENTURES. LLC IS ALREADY SHOWN BY ITS ACTIONS THAT IT HAS NO RESPECT FOR THE LAW AND NO REGARD FOR ITS NEIGHBORS AND THE NEIGHBORHOOD AS A RESULT OF ITS HARMFUL ACTIONS. WHAT MOON STAR ADVENTURES LLC IS REQUESTING NOW IS FOR A SPECIAL PRIVILEGE NO OTHER PROPERTY OWNER ON COUNTRY LANE HAS. THEY'RE ASKING THIS BOARD TO LEGITIMIZE THEIR EGREGIOUS VIOLATION OF THE CITY'S CODE. WHAT WE NEIGHBORING HOMEOWNERS ARE REQUESTING IS THAT THE BOARD OF ADJUSTMENTS SIMPLY ENFORCE THE CODE, APPLY ITS PROVISIONS EQUALLY TO EVERYONE, AND PROTECT THE PROPERTY VALUES OF THE REST OF US BY DENYING THE VARIANCE THAT MOON STAR ADVENTURES IS REQUESTING. I'D BE HAPPY TO ANSWER ANY QUESTIONS. THANK YOU. THANK YOU. NEXT SPEAKER IS MRS. CARLA WENTWORTH. MY NAME IS CARLA WENTWORTH AND I GREW UP ON A FARM IN IOWA WITH ROLLING HILLS AND BEAUTIFUL LAND. WHEN JEFFREY, MY HUSBAND AND I WERE LOOKING FOR OUR FOREVER HOME, I WAS LOOKING FOR THAT SAME FEELING IN SAN ANTONIO, WHICH WAS A VERY SLOW AND EXHAUSTING TASK. COUNTRY LANE HAS ALWAYS BEEN ONE OF MY FAVORITE STREETS. WHEN I SAW ONE 60 COUNTRY LANE FOR SALE, I IMMEDIATELY CALLED JEFFREY AND SAID, MY HOUSE IS FOR SALE, LET'S BUY IT. HE SAID, DON'T YOU WANT TO SEE THE INSIDE? IT WAS THE LOCATION, THE LANDSCAPE THAT I WAS LOOKING FOR. BEING AN INTERIOR DESIGNER, I KNEW I COULD FIX THE INSIDE, BUT I COULD NEVER GET THAT COUNTRY FEEL THAT COUNTRY LANE HAS. WE HAVE LIVED IN AND LOVED THIS NEIGHBORHOOD FOR 24 YEARS NOW. I LOOK OUT ON MY FRONT DOOR AT AN EIGHT FOOT CINDER BLOCK WALL WITH SLAPPED ON WHITE PAINT AND BLACK OPAQUE SOLID STEEL GATES. THIS WALL HAS RUINED THE AMBIANCE AND THE COMPLEXION OF OUR STREET NEIGHBORHOOD. PLEASE DON'T ALLOW THIS TO IMPACT OUR LOVELY NEIGHBORHOOD. I AGREE WITH THE UNANIMOUS OPINION OF OUR NEIGHBORS. THE ORDINANCE NEEDS TO BE FOLLOWED AND ENFORCED. THANK YOU. THANK YOU. NEXT SPEAKER IS MRS. EMILY BURN BURNER. BURNER. BURNER. [01:15:04] GOOD AFTERNOON. MY NAME IS EMILY BURNER AND I HAVE LIVED FOR 34 YEARS ON COUNTRY LANE. I HAVE THREE LOTS AND I, MY HOUSE IS ON ONE OF THEM. IT'S UNDEVELOPED ON THE OTHER. UM, THIS WALL THAT HAS BEEN CONSTRUCTED, IT'S NOT A FENCE, IT'S A CINDER BLOCK WALL. IT DOES NOT FIT IN WITH THE NEIGHBORHOOD. I THINK IT IS SO WRONG THAT THEY WERE GIVEN A STOP ORDER, STOP WORK ORDER AND THEY CONT THEY CONTINUED TO BUILD THIS WALL IRRE, REGARDLESS OF THE, AND NOW THEY WANT FORGIVENESS FOR DOING IT. THAT'S WRONG. THEY COULDN'T GET PERMISSION. SO THEY'RE TRYING TO GET FORGIVENESS. YEAH, I, UM, THINK THAT THEY SHOULD BE REQUIRED TO GO BACK DOWN TO THE THREE FOOT THAT IS ALLOTTED ACCORDING TO THE CITY ORDINANCE. COMMUNITIES COME TOGETHER IN MY OPINION AND WANT FORM STANDARDS THAT THEY WANT FOR THEIR, FOR THEIR AREA, FOR THEIR COMMUNITY, MOST OF THE TIME THROUGH THEIR ELECTED OFFICIALS. WELL, WE HAVE CITY ORDINANCES THAT ALLOW FOR WELCOMING, BUT YET RESPECTING PRIVATE PROPERTY RIGHTS, FENCES, UH, APPROACHES TO HOMES. AND I JUST THINK THAT THAT SHOULD BE THE CASE. THIS DOES CHANGE THE ATMOSPHERE OF COUNTRY LANE. THANK YOU. THANK YOU. NEXT ONE IS MS. VIRGINIA BAIN BAIN . UM, MY NAME IS VIRGINIA BAME AND I LIVE AT 2 0 6 COUNTRY LANE, AND I GUESS I'M ONE OF THE NEWCOMERS TO THE NEIGHBORHOOD. 'CAUSE 'CAUSE WE'VE ONLY LIVED IN OUR HOUSE SINCE, UM, 2019. UM, WE LIVED IN THE NEIGHBORHOOD FOR 40 YEARS AND RAISED OUR FOUR CHILDREN, AND THEN WE WERE LOOKING TO BUILD A RETIREMENT HOUSE AND WE LOOKED FOR A LONG TIME. AND FINALLY WE BOUGHT THE LOT AND BUILT OUR DREAM HOME. AND WHAT ATTRACTED US TO THE NEIGHBORHOOD WAS THE COUNTRY FEEL. IT HAS BEAUTIFUL, UM, OAKS ALL THROUGHOUT THE STREET AND, UM, THERE ARE, THERE ARE SOME FENCES, BUT IT'S FILLED WITH GREENERY AND YOU, THERE ARE EVEN SOME GATES THAT YOU CAN SEE RIGHT THROUGH. BUT, UM, THE PROPERTY, THE HOME ON THE NEW HOME ON COUNTRY LANE HAS NINE FOOT, NINE FOOT OPAQUE BEIGE MASONARY WALLS AND A SOLID METAL GATE. IT ALTERS THE CHARACTER OF THE NEIGHBORHOOD AND IT RUINS THE AESTHETICS. OUR FRIENDS AND OUR GRANDCHILDREN ASKED MY HUSBAND AND I, WHY IS SOMEONE BUILDING A PRISON ON COUNTRY LANE? SO, THANK YOU. THANK YOU. NEXT ONE IS MR. JIM BONE MAIN. WELL, YOU JUST HEARD FROM MY WIFE, BUT, UH, FIVE OR SIX YEARS AGO WE WERE DRIVING AROUND LOOKING FOR PROPERTY TO BUILD OUR RETIREMENT HOME. WE CAME ACROSS A LOT AT 2 0 6 COUNTRY LANE AND WE BOUGHT IT. AND WE LOVE THE AESTHETICS. I MEAN, YOU DRIVE DOWN THE STREET, YOU HAVE BEAUTIFUL LANDSCAPING, UH, LUSCIOUS LAWNS, MATURE OAK TREES. IT FELT LIKE YOU WERE IN THE COUNTRY, HENCE THE NAME COUNTRY LANE. WELL, THAT CAME TO A SCREECHING HALT THIS YEAR. THE PROPERTY OWNER HIRED A CONTRACTOR WHO HAS ERECTED A NINE FOOT WALL. IT'S OUT OF, UH, CONTEXT FOR THE NEIGHBORHOOD. IT DOES NOT BELONG. IT IS UGLY. AND I JUST LIKE TO QUOTE RONALD REAGAN TO HIS, UH, COMPADRE. MS. GORBACHEV, MR. GORBACHEV, TEAR DOWN THIS WALL. SO I HOPE YOU AGREE. THANK YOU. THANK YOU. AND MR. ED KELLY. HELLO, MY NAME IS EDWARD KELLY AND I LIVE AT 1 0 7 SLEEPY ELM, WHICH IS NOT ON COUNTRY LANE, BUT A HUNDRED FEET OF OUR SIDE LOT IS ON COUNTRY LANE. WE'RE OUTSIDE THE 200 FEET, BUT I WANTED TO DESCRIBE, UH, UH, THE FIRST TIME I WALKED DOWN COUNTRY LANE AND SAW THE UNDER CONSTRUCTION, I JUST FLABBERGASTED WHAT'S GOING ON HERE. [01:20:01] STARTLING. BUT IT WAS MORE STARTLED WHEN AFTER I WALKED ANOTHER TIME A FEW WEEKS LATER AND SAW THREE PINK STOP WORK NOTICES ON THE WALL, YET THE, THE CONSTRUCTION CONTINUED. I COULDN'T UNDERSTAND IT. UM, TO THE POINT THAT THEY WERE WORKING WITH REMARKABLE HAZE THROUGH THE WEEKENDS TO BUILD A NINE FOOT WALL. YOU SAW THE TAPE IN THE PHOTOGRAPH. IT'S AT NINE FEET. I MEASURED THE OTHER DAY. I GOT EIGHT SEVEN AT THAT CORNER. SO CHARACTERIZING THIS AS I JUST HEARD SOMEONE SAY, REPRESENTING THE, UH, THE APPLICANT AS A FENCE, IT'S A CINDER BLOCK WALL, OFTEN USED IN PENITENTIARIES. WHAT I WANT TO CALL ATTENTION TO IS YOU'RE BEING ASKED TO RETROSPECTIVELY OFFER A DISPENSATION FOR CAVALIER AND I BELIEVE ARROGANT CONDUCT. THEY WENT RIGHT DOWN THE PATH DOING IT ANYWAY AND IT'S IN A FILING THE CITY MADE. I CAN'T SUBSTANTIATE THIS. THEY SAID THAT THE APPLICANT THREATENED A DEVELOPMENT SERVICE OFFICER WITH A SUIT AGAINST HIM PERSONALLY FOR LOOKING TO ENFORCE THE RULES THAT WE ALL LIVE BY. SO THIS IS NOT AN APPLICATION. ALL OF THE ONES WE SAW BEFORE, LOOKING FOR SOMETHING THEY WILL DO IN THE FUTURE, THEY DID IT. THEY DID IT ON NOTICE THAT THEY SHOULDN'T DO IT. NOW, SOMETHING ELSE ABOUT THE SCALE OF THIS, I MEASURED IT. I GOT 187 FEET IN LENGTH, MORE THAN HALF A FOOTBALL FIELD. THIS IS A MAJOR INSTALLATION AND MAJOR INSTALLATION. VIOLATION OF YOUR RULES ARE THE RULES YOU'RE, UH, ALLOWED TO ENFORCE. SO THERE WAS A REFERENCE TO CRIME LIVED IN THIS NEIGHBORHOOD 34 YEARS. MY WIFE AND I RAISED OUR SON HERE. NO OF NO INSTANCE OF CRIME IN OUR NEIGHBORHOOD. NOT ONE AMONG MY NEIGHBORS ARE FOR US 34 YEARS. SO THE IDEA THAT WE NEED TO EMULATE WHAT'S DONE IN THIRD WORLD COUNTRIES TO PROTECT AGAINST THE BAD GUYS IS JUST A BIZARRE CONTENTION. AND BY THE WAY, UH, THE BARN DOOR IS PERHAPS A THOUSAND YARDS FROM US. THE REFERENCE TO SOME OTHER WALL TA UH, UH, UH, RESIDENCE IS PERHAPS ALRIGHT, HE MENTIONED 15 BLOCKS. IRRELEVANT I KNOW OF NO SUCH INSTALLATION IN NORTH SAN ANTONIO. I'VE LIVED HERE MOST OF MY LIFE. WARNER BURG GENERAL. SO I THINK YOU HAVE TO REALIZE IT'S NOT OFFENSE, IT'S A MAJOR INSTALLATION AND IT'S IN VIOLATION OF THE CODE. AND IT WAS DONE IN IN VIOLATION OF CLEARLY ARTICULATED, UH, STATEMENTS BY DEVELOPMENT SERVICES. I THANK YOU FOR YOUR TIME. THANK YOU. UH, THAT IS ALL THE PUBLIC COMMENTS. ALRIGHT, UM, LET'S SEE IF WE HAVE ANY QUESTIONS FROM THE COMMISSION. IS THERE ANY QUESTIONS FROM THE COMMISSION IF THE APPLICANT CAN COME BACK FORWARD PLEASE? I WILL START OFF, UM, I'M JUST GOING TO, I'M JUST GONNA SAY THAT, UH, I WAS ACTUALLY THE ENGINEER OF RECORD FOR THIS PROJECT SIX YEARS AGO. AND THIS IS, I KNOW THE SITE ZONE NP 10. UH, I ALSO KNOW THAT HISTORICALLY IT WAS A TENNIS COURT COMMUNITY. WHEN YOU DRIVE DOWN COUNTRY LANE, THERE WERE TWO TO FIVE ACRE LOTS. THEY ALL HAD SIZABLE HOMES, TENNIS COURTS, SOME OF THEM HAD POOLS. UH, THIS WAS A PIECE OF PROPERTY THAT HAD AN EXISTING HOME ON IT. UH, AND IT WAS RENOVATED BACK IN, I BELIEVE, 20 18, 20 19, UH, TO, TO MY KNOWLEDGE. UH, BUT I'M, I'M TRYING TO FIGURE OUT, YOU KNOW, WHAT HAPPENED SINCE THEN. BECAUSE WHEN YOU DRIVE DOWN COUNTRY LANE, AS WE HEARD FROM A LOT OF TESTIMONY, THIS WAS A COUNTRY LOOK AND FEEL SORT OF AREA THAT HAD, YOU KNOW, GOOD SIZABLE LOTS. THE WHOLE PREMISE OF KEEPING THAT LOT WHEN THE, WHEN I WAS HIRED A LONG TIME AGO, WAS TO MAKE THAT BUILDING AND THAT LOOK STAY THE SAME AND PUT SOME OF THE SMALLER LOTS, UH, IN THE REAR. YEP. SO WHAT, WHAT'S CHANGED? WHAT IS, WHY IS THERE REALLY THAT, I KNOW YOU HAD SPOKE ABOUT SAFETY AND MM-HMM. AND QUIET, BUT THAT'S A QUIET AREA. YOU DON'T START SEEING THE HIGHER DENSITY RESIDENTIAL TILL YOU GET MORE TO THE EAST AND THAT THEY'RE KIND OF IN LITTLE NOOKS AND COVES AND, AND THEY'RE OLD IN THEIR OWN DEAD END CUL-DE-SACS. SO, YOU KNOW WHAT, WHAT I DON'T UNDERSTAND WHAT YOU'RE PROTECTING THE HOMEOWNER FROM. I'D LIKE YOU TO DELVE INTO THAT, PLEASE. ABSOLUTELY. SO, YOU KNOW, MY CLIENT IS A SINGLE MOTHER WITH TWO DAUGHTERS. ALRIGHT? SHE HAS A SON, BUT HE'S IN COLLEGE. SO SHE'S THERE ALONE. THERE'S NOBODY ELSE AROUND. AND SHE FEELS SIGNIFICANTLY SAFER THIS WAY. I MEAN, IT'S, IT ALSO BECAUSE OF THE COURTYARD AREA IN THE FRONT, YOU KNOW, IT ENHANCES THAT. SO FOR THEM IT ENHANCES THEIR HOUSE AND MAKES IT BETTER, YOU KNOW, IT'S QUIETER, [01:25:01] IT'S SAFER, AND THEY FEEL BETTER. NOW, IT IS NOT DONE. SO IT IS NOT A CINDER BLOCK WALL LIKE A PRISON. OKAY? THERE'S PLASTER STUCCO AND IT REMAINS TO BE A LOT OF LANDSCAPING. ALRIGHT? UNFORTUNATELY, YOU KNOW, I DON'T HAVE TIME, BUT I CAN GET INTO THE STOP WORK ORDERS AND ALL THAT STUFF. YOU DON'T NEED TO HEAR ABOUT IT. I KNOW. AND SO THE FACT OF THE MATTER IS THAT, YOU KNOW, MY CLIENT WANTS TO FOLLOW THE RULES. WE'RE HERE. OKAY? WE HAD TO FILE LAWSUITS. WE'RE, WE'RE HERE, IT'S ALL FINE. WE AGREED TO COMPLY AND WE'VE WORKED IT OUT WITH THE CITY. SO MY CLIENT REALLY DOES FEEL BETTER THIS WAY. AND, AND A WROUGHT IRON FENCE WOULDN'T DO THE TRICK. I MEAN, BECAUSE I, WHEN YOU GO DOWN THAT STREET, IT'S SO OUT OF CHARACTER FOR THAT STREET. I MEAN, IT'S REALLY OUTTA CHARACTER. OH NO, I'VE BEEN DOWN THE STREET MYSELF MANY TIMES AND ONE OF THE, ONE OF THE ITEMS THAT WE DIDN'T HEAR FROM THE NEIGHBORS WAS, UH, CONCERNS OF SAFETY OR CRIME. AND SO I'M UNDER THAT ASSUMPTION, UNLESS I HEAR SOMETHING TO THE CONTRARY. I DON'T BELIEVE THAT WAS A REAL HIGH CRIME AREA. OH, I WOULDN'T, I WOULDN'T SAY IT'S A REAL HIGH CRIME AREA. UH, YOU KNOW, WHAT I SAID ABOUT THE BARN DOOR IS TRUE. YOU KNOW WHAT I SAID ABOUT THE HOUSE BY MY HOUSE IS ABSOLUTELY TRUE, YOU KNOW, AND I REJECT ANY, ANY IMPLICATION OTHERWISE, I'M HAPPY TO SHOW YOU SAME PICTURES. SO, BUT YOU KNOW, MY CLIENT AS A SINGLE MOTHER WITH TWO DAUGHTERS, YOU KNOW, ONE QUIET, CALM, DID WHAT SHE THOUGHT WAS RIGHT FOR HER FAMILY. OKAY. DO YOU HAVE ANY CRIME REPORTS ON FOR ANY PROPERTIES ADDRESSED OFF OF COUNTRY LANE? NO, BUT I'M HAPPY TO GET YOU, SO I'LL, I'LL GET YOU WHATEVER YOU NEED. OKAY. CAN WE HAVE ONE OF THE SPEAKERS WHO HAVE BEEN LIVED THERE THE LONGEST? COME BACK UP TO THE PODIUM. SURE. OKAY. WHOEVER Y'ALL SIT DOWN, PICK ONE OF Y'ALL PLEASE. CHAIR, CHAIR. THIS IS JOSEPH PONEY WITH THE CITY ATTORNEY'S OFFICE. JUST POINT OF CLARIFICATION ON YOUR STATEMENT EARLIER, JUST FOR THE RECORD, YOUR ASSOCIATION WITH THIS PARTICULAR PROPERTY WAS PRIOR TO THIS CURRENT OWNERSHIP IN THIS INSTITUTION. IT WAS IN 2016, SO PRIOR, YEAH, I DON'T HAVE NO IDEA WHO THIS GENTLEMAN IS. OKAY. NO CONFLICTS. JUST, I JUST WANNA ESTABLISH THAT. YEAH. ALRIGHT. UH, IN THE, UH, YOU'VE LIVED THERE A VERY LONG TIME. IS THERE 30, 34 YEARS, SIR. OKAY. DO YOU CONSIDER THIS STREET TO BE A HIGH CRIME STREET? ABSOLUTELY NOT. I KNOW OF ABSOLUTELY NO CRIMINAL EVENTS IN THAT NEIGHBORHOOD IN MY 34 YEARS TENURE THERE. OKAY. NONE. THANK YOU. AND, UH, YOUNG LADY WHO LIVES NEAR ME, SHE'S LIVED THERE 24 YEARS, SHE'S A SINGLE WOMAN. SHE FEELS NO CONCERN WHATSOEVER ABOUT A CRIME, NOR HAS SHE SEEN YOU SPEAKING THE MIC. MS. BURNHAM, THANK YOU. THANK YOU. IS THERE ANY OTHER QUESTIONS FROM THE COMMISSION? COMMISSIONER MANNA? I, I HAVE A QUESTION IN REGARDS TO THE RECEIVED WAS SPECIFICALLY SET THREE FOOT IN THE FRONT YARD. WHAT HAPPENED? WHY, WHY COMMISSIONER, I'M SORRY. I THINK YOUR MICROPHONE TURNED OFF. I APOLOGIZE. I I'M SPEAKING. RIGHT. THERE YOU GO. RIGHT THERE. WE CAN HEAR YOU THERE. SO WE SAW THE, UM, THE PERMIT, UH, APPLICATION SPECIFICALLY SET FOOT IN THE FRONT. WHAT HAPPENED? WHY DIDN'T IT GO THREE FEET? WHY DO YOU YOU, YOU KNOW, I I WASN'T AROUND THEN, BUT, BUT MY UNDERSTANDING, OKAY. MY UNDERSTANDING IS THAT THERE WAS A MISCOMMUNICATION. IT WAS BUILT, IT, THEN THERE WAS AN AGREEMENT TO LOWER IT DOWN. HOWEVER, AT THAT TIME, THE CREW, THE, THE WORK CREW FOR THE FENCE WAS NO LONGER AVAILABLE. SO THERE WAS NOBODY THERE TO DO THAT. AND THERE WAS A BIG PARTY COMING UP LIKE A MONTH LATER. ANY WORK DONE WAS LANDSCAPING WORK. THERE WERE A LOT OF WORKERS THERE. OKAY. EVERY DAY LANDSCAPING. BUT WE RECEIVED TICKETS DAILY. OKAY. THE STOP WORK ORDER WAS TO STOP WORK, BUT IT WAS LANDSCAPING WORK THAT WAS BEING DONE. THE FENCE WAS ERECTED AND WAS ALREADY THERE. SO THAT DIDN'T, SO THAT DIDN'T, SO THAT DIDN'T ANSWER THE QUESTION. ALL RIGHT, LET'S, LET'S KEEP IT THAT DIDN'T ANSWER THE QUESTION. THE QUESTION WAS SPECIFICALLY, YOU KNOW, THE, THE PERMIT WAS FOR THREE FEET? YES. IT WAS NOT BUILT THREE FEET. WHAT HAPPENED? WELL, THE, THE CONTRACTOR OKAY. OKAY. BUILT IT, IT BUILT IT TOO HIGH. AND HE BUILT IT TOO HIGH ALL THE WAY AROUND. SO IT WAS A, IT WAS AN ERROR, BUT IT, IT WAS INTENTIONALLY DONE BY THE CONTRACTOR AND BUILT IT THE WRONG WAY. I, I GOTTA STEP IN HERE. THREE FEET AND EIGHT FEET ARE, COULD NOT EVEN CLOSE TO EACH OTHER. OH, THEY'RE EVEN MUCH HIGHER SECTIONS. I MEAN, THERE WERE, THAT HAD TO BE BROUGHT DOWN WELL'S JUST TALKING ABOUT YEAH. THE QUITE, WHAT HE'S GETTING TO IS YOU HAVE A PERMIT FOR THREE FEET. IF A CONTRACTOR BUILD IT AN INCH HIGHER, THAT'S ONE THING, FIVE FEET HIGHER. THAT'S, THAT IS COMPLETELY NOT BY ACCIDENT. SO I WANT TO KNOW, OR, UH, AT LEAST THIS COMMISSION WANTS GO WHO SAID DO IT THAT HIGH? WHO TOLD HIM TO BUILD IT? BECAUSE THEY DON'T DO IT FOR FREE. WHO TOLD HIM TO [01:30:01] DO IT? . SO I WASN'T THERE. I DIDN'T HEAR ANY CONVERSATIONS. BUT, BUT YOU'RE, BUT I WILL SAY, I, I'M, I'M NOT STEPPING AWAY. OKAY. SO, BUT I WAS TOLD THAT THE CONTRACTOR BUILT IT, BUT HE WAS TOLD BY MOON STAR, OKAY. THAT WE'RE BUILDING A FENCE. WE WANT A SAFE FENCE, WE WANNA FEEL BETTER, WE WILL TALK TO THE CITY AND TRY TO GET THINGS AMENDED AND CHANGE THINGS. SO THE INTENT WAS ALWAYS TO TALK WITH THE CITY AND MAKE AMENDMENTS AND DO THINGS. THEY BUILT IT WITH THE INTENT TO COME TALK TO THE CITY AND SEE IF THEY COULD GET A VARIANCE. OTHERWISE, YOU KNOW, THEY, BUT THEY WERE TOLD TO BRING IT DOWN. OKAY. 'CAUSE THEY MET WITH THE DSD AND THE HEAD GUY. OKAY. AND THEY MET WITH THEM ABOUT THIS. THE WORK CREW TO BRING IT DOWN WASN'T AVAILABLE AT THAT TIME. OKAY. SO WE COULDN'T, THEY HAD TO FINISH THE LANDSCAPING TO GET SOMETHING ELSE DONE. BUT THE WALL IS, OR THE FENCE IS NOT FINISHED. WE, THAT'S WHY WE'RE HERE ASKING FOR THE VARIANCE. OKAY. IF THE VARIANCE ISN'T GRANTED, WE'LL DEAL WITH THAT. OKAY. WE UNDERSTAND THAT WE HAVE TO FOLLOW THE RULES COMMISSIONER, AND WE'VE AGREED TO THANK YOU COMMISSIONER Z. DO YOU HAVE ANY OTHER QUESTIONS? THANK YOU, MR. CHAIRMAN, COMMISSIONER AMANDA. SO THE QUESTION, I GUESS, YOU KNOW, UM, SO I GOOGLE DRIVE ALL THE TIME, YOU KNOW, THAT'S HOW I SEE A LOT OF THE CITY. AND WHILE ON THE STREET, THERE'S NOT A SINGLE FENCE THAT IS ABOVE THREE FOOT, YOU KNOW, AND SO, SO, YOU KNOW, SO PART OF THE DIALOGUE IN IS WHY WOULD, YOU KNOW, WHY WOULD THIS BE INCONSISTENT, INCONSISTENT WITH THE REST OF THE COMMUNITY? 'CAUSE ONE OF THE THINGS THAT, YOU KNOW, WE, WHEN WE DO TALK ABOUT GRANNY VARIANCES, WE'LL SEE THAT. AND NOT A SINGLE HOME ON THE ENTIRE STREET IS, IS GREATER THAN THAT. SO JUST TRYING TO UNDERSTAND WHY WOULD BE THIS? SO IN THIS CASE, WELL, I THINK IN, IN THE PACKET, I DON'T KNOW IF I GAVE YOU ONE, BUT THERE ARE EXAMPLES OF OTHER ZONING VARIATIONS WITH FENCES. OKAY. SO I SEE ON THE SIDE, LOTS ON THE SIDE PROPERTY, YES. BUT NOT A SINGLE FRONT YARD FACING PROPERTY. DID I SEE ONE? AND SO, NO, I, I AGREE WITH YOU. I HAVE NOT SEEN ANYTHING HIGHER THAN THREE FEET WITH MAYBE FIVE FEET WITH A LATTICE WORK OR SOMETHING. YOU CAN SEE, RIGHT? SO PREDOMINANTLY OPEN. SO THAT'S KIND OF THE DEFINITION, YOU KNOW, OF THE PREDOMINANTLY OPEN FENCE IS THREE FOOT. THEN, THEN YOU CAN FILL UP THE REST OF IT. SO, WHICH IS ALLOWED WITH 70% VIEWING THROUGH IT, IS WHAT WE UNDERSTAND TO BE ALLOWED. HOWEVER, WHEN THERE'S A COURTYARD, THE RULES ARE COMPLETELY DIFFERENT. SO NO, THAT, WELL, I WOULD BEG TO DIFFER I GUESS ON THAT. THAT'S NOT MY UNDERSTANDING. BUT, UM, OKAY. I JUST WANTED TO MAKE SURE THAT, YOU KNOW, THAT I WASN'T MISSING SOMETHING. SO WOULD STAFF LIKE TO CHIME IN ON THAT? IT LOOKED LIKE YOU WERE GONNA SAY SOMETHING. SO IF I CAN CLARIFY ON THE HEIGHT REAL QUICK. UM, SO WHEN WE WENT OUT THERE, WE MEASURED THE HIGHEST NINE FEET. WE COMMUNICATED WITH THE APPLICANT WHAT THE REQUEST WAS. THE REQUEST WAS FOR NINE FEET. AT NO POINT DID THEY INDICATE TO US, OH, WE'RE GONNA EVENTUALLY PUT IT DOWN AT EIGHT FEET OR SEVEN FEET. THE NINE FEET REMAINED AS WHAT WAS ON THE GROUND. UM, BUT I JUST WANT TO CLARIFY THE, THE HEIGHT CHAIR, COMMISSIONER, MR. CHAIR. I'M SORRY, MR. CHAIR. I JUST WANNA ALSO CLARIFY THAT THERE WAS, UM, SEVERAL SITE VISITS. THAT CODE DID GO OUT TO THE SITE AND REVIEW. THERE WAS A STOP WORK ORDER THAT WAS ISSUED ON MARCH 8TH. AND, UM, WE CONTINUALLY GO BACK, WENT BACK TO THE PROPERTY BECAUSE THERE WAS STILL CONSTRUCTION GOING ON. AN ODD, AN ODD COAT. AND ON THAT ISSUE, UH, BECAUSE OF THE PRIVATE STREET THAT'S AT THE CORNER, I, I KNOW THAT SOMETIMES WHEN YOU'RE ON A CORNER LOT, IT TRIGGERS A, A MORE ENHANCED REVIEW FOR FENCE PERMIT TO THAT. DOES A PRIVATE STREET KICK THAT INTO THAT LEVEL OF REVIEW? THERE WAS NO CONCERN FOR ANY SITE DISTANCE FOR THIS PROPERTY. OKAY, THANK YOU. COMMISSIONER BECKMAN DEFENSE IS THE ONLY ONE THAT'S, THAT IS THE ISSUE. UH, THIS IS A QUESTION FOR STAFF. UM, THE APPLICANT IS CONTENDING THAT THIS IS NOT A WALL, BUT IT'S A COURTYARD. CAN WE GET A DEFINITION OF WHAT A COURT COURTYARD HAS TO BE WITHIN THE BUILDING? SETBACKS, THANK YOU. ATTACHED TO THE PRINCIPAL STRUCTURE. ALRIGHT, ANY OTHER QUESTIONS? COMMISSIONER? UH, BEEZ? I HAVE A, A QUESTION FOR THE CITY ON, UH, MAY 14TH. THE MUNICIPAL COURT HEARING FOR THIS PROPERTY WAS RESET 30 DAYS. WAS IT PENDING THE OUTCOME OF THIS? YES. YES. UM, I ALSO WANNA CLARIFY THAT, UM, THE DEFINITION OF A COURTYARD, IT HAS TO BE BOUNDED ON THREE OR MORE SIDES BY THE WALLS OF A BUILDING. AND IT IS, I'M SORRY, COULD YOU REPEAT THAT? WHAT, WHAT SHE, SHE'S SAYING IT HAS TO, TO BE A COURTYARD HAS TO BE BOUND BY THREE SIDES, BY WALLS OF, UH, FROM, OF THE BUILDING. SO IT, WHAT THE TERM FENCE, THE TERM WALL ARE, ARE BOTH USED. A FENCE IS TYPICALLY FREESTANDING ON THE PROPERTY LINE. A WALL IS SOMETHING THAT SEEMS TO, UH, PROTRUDE OUT FROM A BUILDING AS PART OF THE BUILDING. AND THAT'S LOOKED AT DIFFERENTLY IN CERTAIN CIRCUMSTANCES, UH, BY THE CITY. SO IN THIS CASE, IF YOU LOOK AT THE HOUSE, THE WALLS MEET THE FENCE. SO, SO FOR THE CITY, WAS THIS CLASSIFIED AS A FENCE? FENCE OR A WALL? A FENCE. ALRIGHT, THANK YOU. OKAY. ANY [01:35:01] OTHER QUESTIONS? HEARING NONE. UM, DEAN, COMMISSIONER DEAN. HEY. SO, WHO'S, UH, MOON STAR ADVENTURES? UH, CAN YOU TELL US MORE ABOUT THAT? JUST CURIOUS. WANTED TO KNOW, SINCE IT SOUNDS LIKE THEY WERE HEAVILY INVOLVED IN DECISIONS. WELL, YEAH, I MEAN, YOU, IT'S OWNED BY MY CLIENT. I MEAN, THERE'S HER NAME RIGHT THERE. SHE'S A SOLE OWNER, SOLE MANAGER. BUT MOON STAR VENTURES IS AN LLC LEGAL ENTITY TO PURCHASE PROPERTY. I, I HEAR COMMENTS HOW YOU KNOW WHAT THEY DO OR, YEAH, THEY OWN A PIECE OF PROPERTY. IT, IT'S, OKAY. IS THERE, IS THERE INTENT TO RENT IT OUT? MAYBE? IS THERE INTENT? NO. OKAY. NO, NO. THERE'S NO INTENT TO RENT IT OUT OR DO IT? NO. COMMERCIAL BUSINESS. IT'S SIMPLY PROBABLY A TAXATION ENTITY OR SOME REASON TO HAVE AN LLC. HOWEVER, IT'S AN LLC, WHICH IS ALLOWED TO OWN REAL PROPERTY IN TEXAS WITHOUT ISSUE. OKAY. THANK YOU, COMM. ANY OTHER QUESTIONS, COMMISSIONER? DEAN? NO, THAT'LL BE ALL. ALL RIGHTY. AND JUST TO, UH, ADD ON TO THE COURTYARD, THIS IS A MP 10 DISTRICT, WHICH HAS A HIGHER, UM, FRONT SETBACK THAN THE NORMAL RESIDENTIAL DISTRICT. SO RIGHT ALONG, EVEN IF IT WASN'T, IT WOULD STILL NOT BE WITHIN A SETBACK. SO THE MP 10 WOULD EVEN PUSH IT BACK FURTHER, RIGHT? YEAH. ALRIGHT. ANY OTHER QUESTIONS BEFORE WE MOVE ON? ALL RIGHT. YOU GOT A, I'LL GIVE YOU A GOOD MINUTE OR SO FOR ANY LAST MINUTE STATEMENTS. WE'VE HEARD A LOT TODAY BEFORE WE DELIBERATE. ABSOLUTELY. LADIES AND GENTLEMEN, THE OVERRIDING THEME HERE IS THAT MY CLIENT WANTS TO FEEL SAFER AND SHE DOES. NOW I KNOW YOU'VE HEARD ABOUT CRIME AND WHATNOT, THAT DOESN'T NECESSARILY MAKE HER FEEL BETTER OR MAKE HER FAMILY FEEL BETTER. OKAY? I KNOW IF IT WAS A FAMILY MEMBER OF MINE, I'D FEEL BETTER LIKE THIS. YOU KNOW, FOR HER DAUGHTER WHO HAD THE SURGERY, WHO I KNOW PERSONALLY, SHE'S A FRIEND OF MY DAUGHTER'S. YOU KNOW, THIS IS ESSENTIAL. YOU KNOW, THE QUIET AND, AND AND PEACE THAT THIS GIVES THEM IS KEY. AND IT, IT'S WORK. THERE'S NO OTHER REASON TO DO THIS. IT'S NOT TO, UH, STAY AWAY FROM SOCIETY. THERE'S NOTHING HIDDEN AT EMS HAS FULL ACCESS. POLICE HAVE FULL ACCESS. THERE'S NO PROBLEM WITH ANY OF THAT. THEY, YOU KNOW, 24 7 THEY CAN GET IN THERE. SO THERE'S NOTHING HIDDEN. IT'S A HOUSE WITH A SWIMMING POOL IN THE BACK. YOU'VE SEEN IT, RIGHT? AND, AND I JUST WANTED TO ADD WITH THE SWIMMING POOL IN THE BACK IN A SIZABLE REAR YARD, YOU BY RIGHT? YOU CAN PUT AN EIGHT FOOT FENCE AND MAKE IT AS THICK AND HOWEVER STOUT YOU WANT IT IN THE BACKYARD. AND THEY DID. OKAY. SO HOW IS THAT NOT PROVIDING? SO THIS FENCE GOES ALL THE WAY AROUND. SO, SO HOW WAS, HOW WAS THAT NOT PROVIDING THAT FEELING OF SAFETY AND QUIET? UH, WHY DOES IT HAVE TO BE IN THE FRONT? WELL, BECAUSE THEY'VE DECIDED THEN THE ARCHITECT DECIDED WITH THEM THAT IT IS A COURTYARD IN THE FRONT AND MEETS THE DEFINITION OF COURTYARD. AND SO THEY WOULD LIKE TO KEEP IT LIKE THAT. THERE ARE TWO ENTRANCES OKAY. INTO THE FRONT OF THE HOUSE. SO IT'S A, IT'S A U-SHAPED PARKING LOT AND THERE'S A DOOR. WELL, WE HEAR TESTIMONY FROM THE CITY THAT IT IS NOT A COURTYARD AND IT'S, WELL, WE COULD HAVE DIFFERENT, DIFFERENT OPINIONS, HOWEVER, WELL, I MEAN, IT'S NOT EVEN CLOSE FROM WHAT? AND MR. CHAIR, THE YES, THAT'S FINE. THE APPLICATIONS THAT WERE SUBMITTED DID IDENTIFY A THREE FOOT FENCE IN THE FRONT YARD. I, I, I DID SEE THAT. SO, ALRIGHT, WELL, I DON'T HAVE ANY OTHER QUESTIONS GOING ONCE FOR ANY ONE OTHER COMMISSIONERS GOING TWICE. THANK YOU VERY MUCH. WE'RE GONNA SEE IF WE HAVE A MOTION AS THERE A COMMISSIONER WHO WOULD LIKE TO MAKE A MOTION GOING ONCE GOING T DO YOU WANT ME TO READ THE MOTION? ? ALL RIGHT. CASE DIES FOR A LACK OF MOTION. WE'LL MOVE ON TO THE NEXT ITEM. CAN YOU RE, CAN YOU EXPLAIN, UH, WHAT IT MEANS? IS THAT BECAUSE NO MOTION WAS MADE AND UH, THERE WAS A HEARING OPENED ON IT. UH, IT FAILS BY LACK OF MOTION. ANY QUESTIONS? YEP. OUR STAFF CAN MEET YOU IN THE HALLWAY TO ANSWER ANY QUESTIONS THAT YOU HAVE. THIS DOESN'T HAPPEN THAT OFTEN. USUALLY IT ONLY HAPPENS WHEN NOBODY WANTS, IS NO COMMISSIONER IS WILLING TO MAKE. YES, MA. UH, HOW, HOW LONG? I MEAN, THEY CAN COME BACK ONCE A YEAR AND ASK FOR YOU. THEY CAN, ANY QUESTIONS? I CAN? YEAH, YOU CAN. THEY'LL ANSWER ALL THAT OUTSIDE. I WANNA KNOW WHEN THEY'RE GONNA TAKE IT DOWN. 'CAUSE THEY DID HAVE, OH, THAT'S, THEY'VE IGNORED YOU, MA'AM. WE CAN GET YOU OUT HERE. YEAH, THE CITY WILL, WILL, WILL DISCUSS THAT WITH Y'ALL IN THE, IN THE OUTSIDE. ALL RIGHT. ITEM FIVE, PLEASE. ITEM NUMBER FIVE, IT'S GONNA BE BO OA DASH 24 DASH. IT'S 1 0 3 0 0 0 7 6. ADDRESS BEING 3 31 GULF STREET COUNCIL, DISTRICT TWO APPLICANT. UH, RE GUILLERMO, UH, REQUEST FOR ONE A TWO FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ACCESSORY STRUCTURE TO BE TWO FEET [01:40:01] SIX INCHES FROM THE WESTERN SIDE. SETBACK, UH, TWO, A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SETBACK TO ALLOW AN ACCESSORY STRUCTURE TO BE ONE INCH FROM THE EASTERN SIDE SETBACK. AND A THIRD, UH, FOR THREE, A NINE FOOT, 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT SETBACK TO ALLOW CARPORT TO BE ONE INCH. UH, FROM THE REAR SETBACK, UH, ZONING IS GONNA BE OUR FOUR. THE SUBJECT PROPERTY IS LOCATED TO THE SOUTH OF I 35 NORTH AND DIRECTLY EAST OF NORTH NEW BRAUNFELS AVENUE WITH THE REAR OF THE PROPERTY FACING DAWSON STREET AND THE FRONT OF THE PROPERTY ALONG GULF STREET ON MARCH 27TH, 2024. CODE CEMENT, UH, RESPONDING TO A CITIZEN CALL AND OPENED A-U-U-D-C INVESTIGATION ON THE PROPERTY DUE TO THE REAR DETACHED CARPORT LOCATED OFF OF DAWSON STREET BEING LESS THAN THREE FEET FROM THE SIDE SETBACK OF NEIGHBORING PROPERTIES. DURING THE INVESTIGATION, IT WAS DISCOVERED THAT THE CARPORT, WHICH WAS BUILT IN 2006, ALONG WITH A SECOND STORY ADDITION BUILT IN 2009, WERE BOTH CONSTRUCTED WITHOUT PERMITS. THE APPLICANT ALSO BEING THE PROPERTY OWNER IS SEEKING A TWO FOOT SIX INCH SIDE SETBACK VARIANCE AND A FOUR FOOT 11 INCH SIDE SETBACK VARIANCE AND A NINE FOOT 11 INCH SET CARPORT SETBACK VARIANCE TO ALLOW THE DETACHED CARPORT AND ACCESSORY STRUCTURE TO REMAIN TWO FEET SIX INCHES FROM THE WESTERN SIDE SETBACK, ONE INCH FROM THE EASTERN SIDE SETBACK AND ONE INCH FROM THE REAR SIDE SETBACK, UH, TO THE REAR YARD. THE MORE RESTRICTIVE CARPORT SETBACK WILL ENCOMPASS THE REQUIRED FIVE FOOT ACCESSORY STRUCTURE. REAR SETBACK A REQUIREMENT IF APPROVED BY THE BOARD OF ADJUSTMENT PERMIT APPROVAL IS PENDING. OUTCOME OF THE BOARD OF ADJUSTMENT. THANK YOU. THIS IS THE SIDE SITE PLAN SUBJECT PROPERTY. AND THIS IS THE FRONT OFF OF GULF STREET. AND THIS JUST SHOWS THE DISTANCE BETWEEN THE NEIGHBORING PROPERTIES OFF OF GULF STREET. THIS IS THE REAR AND THIS IS OFF OF DAWSON STREET. THIS IS THEIR ACCESSORY CARPORT STRUCTURE. THESE ARE, UH, DIFFERENT HISTORICAL VIEWS OF THE PROPERTY STARTING FROM 2007. UH, THE OTHER ONE IS 2011, SO YOU CAN SEE WHERE THE ADDITION WAS PUT IN. AND THEN IN 2020 IS THE WEST SIDE VIEW OF THE NEIGHBORING PROPERTY FROM DAWSON STREET. AND THEN THE EAST SIDE VIEW, UH, EAST SIDE VIEW OF NEIGHBORING PROPERTY FROM DAWSON. AND THIS IS FROM INSIDE THE CARPORT AREA. LOOKING OUT TOWARDS, UH, THE FIRST ONE'S LOOKING OUT TOWARDS GULF STREET. AND THEN IF YOU TURN AROUND, IT'LL BE FACING TOWARDS DAWSON STREET. THIS IS THE ROUNDING AREA. STAFF RECOMMENDATIONS, SIDE SETBACK AND CARPORT. SETBACK VARIANCE. STAFF RECOMMENDS DENIAL IN BOA 24 DASH 0 3 7 6 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE REDUCED SETBACK OF THE STRUCTURE WILL INJURE THE NEIGHBORING LOTS AND CAUSE WATER RUNOFF ONTO THE PROPERTIES. TWO. THE LOCATION OF THE STRUCTURE WILL INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES AS WELL AS ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. STAFF MAILED 36 NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION. AND THE HARVARD PLACE EAST LAWN NEIGHBORHOOD ASSOCIATION IS LEFT UNDECIDED AND WILL SUPPORT BOA DECISION. THIS CONCLUDES STAFF'S PRESENTATION. APPLICANT IS AVAILABLE AND WILL NEED REA A TRANSLATOR. OKAY, LET'S HAVE THE APPLICANT COME FORWARD. HI. PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. GUI. I'M, ER, I'M FROM 3 31. UH, WHAT GOLF? GOLF. YOU'VE SEEN WHAT IT LOOKS LIKE. IT'S OPEN. AND, UH, HE WANTS TO EXPLAIN THAT WHEN HE BUILT BUILT IT, HE DIDN'T REALIZE HE NEEDED TO GET PERMITS FOR IT. HE SAYS THAT EVERYONE IN HIS, ALL HIS NEIGHBORS SEEM TO BE, UM, [01:45:01] DOING THEIR, UH, BUILDING. AND HE THOUGHT THAT, THAT, THAT, UH, HE COULD JUST BUILD WHAT HE, WHAT HE WANTED TO HAVE. HE USES UPPER, UH, ROOMS, UM, AS STORAGE UNITS. YOU KNOW, HE DOESN'T, NOBODY LIVES THERE. HE DOESN'T KNOW WHO HE'S, UM, UH, BOTHERING WITH THAT. UH, HE DOESN'T UNDERSTAND REALLY, UH, WHAT, UH, THE PROBLEM IS WITH HIS, UH, STRUCTURES. OKAY. UM, HAVE YOU TALKED TO THE NEIGHBORS? NO. NO? OKAY. UH, STAFF, IS THERE ANY, UH, PUBLIC COMMENTARY SIGNED UP TO ANYONE SIGNED UP TO SPEAK? NO. PUBLIC COMMENT. WE'LL SEE IF WE HAVE ANY QUESTIONS. MANNA, UH, COMMISSIONER MANNA? SO I'M LOOKING AT THE STRUCTURE AND SO, SO I SEE I GUESS TWO STRUCTURES. ONE IS, UH, SITS I GUESS ABOVE THE CARPORT IF YOU WANNA CALL IT, AND THEN A, UM, BUILDING TO THE, UH, RIGHT OF THAT. SO, SO WHAT IS, WHAT IS THE PURPOSE OF EACH OF THOSE STRUCTURES? STORAGE. HE USES THE TOP LEVELS, UH, FOR STORAGE. AND THEN THE LOWER, THE LOWER PIECE THEN ON THE, THAT THERE? YES. WOULD YOU MARK IT AGAIN WITH THE, WITH THE POINTER? THAT'S A GARAGE. OKAY. UH, DO YOU HAVE, UM, DO YOU HAVE, UM, A RESTROOM OR A KITCHENETTE ON THAT SECOND FLOOR? NO. SO THE ACCESSORY STRUCTURE, NEITHER THE GROUND FLOOR, THE GARAGE, OR THE SECOND FLOOR HAS ANY PLUMBING? NOT IN, NOT IN A PLUMBING, BUT A ACCESS, NO, NOTHING. OKAY. AND DO YOU HAVE AN ELECTRIC LINE THAT RUNS DOWN THE SIDE OF YOUR PROPERTY ON THE TOP FLOOR? HE DOES HAVE ELECTRICITY ON THE, THE ROOMS ABOVE THE, THE GARAGE. OH, BUT HE DOESN'T HAVE ANY UTILITIES RUNNING DOWN THE SIDE? NO. NO. OKAY. UH, ANY OTHER QUESTIONS? DEAN? COMMISSIONER DEAN, IS THIS A ENGINEERED STRUCTURE? UH, LIKE HOW'D YOU END UP BUILDING THIS AND ENSURING THAT IT'S STABLE? HE JUST DID IT HIMSELF. COMMISSIONER BRAGMAN. UM, I'M JUST WONDERING, DOES HE RUN A BUSINESS THAT HE NEEDS THAT MUCH STORAGE SPACE? WELL, HE SAID HE WANTED TO PUT A SHADE ABOVE THE, THE GARAGE PART TO COVER IT AND, AND JUST HE DECIDE TO BUILD SOME STORAGE. HE DOESN'T HAVE ANY MISSES, UH, ASSOCIATED, HE DOESN'T DO ANY KIND OF BUSINESS THERE. OKAY. MY LINE OF QUESTIONING WAS BECAUSE IT SURE LOOKS LIKE AN APARTMENT. YES. THE ROOMS ARE 10 BY 12 MM-HMM. TWO, THERE'S TWO ROOMS. THERE'S NO BATHROOM. NO, NO, NO. KITCHEN, BRAMAN, COMMISSIONER, BRAMAN, UH, I'M JUST CURIOUS. IF HE WAS BUILDING THE STRUCTURE FOR STORAGE, WHY WOULD HE PUT WINDOWS ON IT? THAT SEEMS [01:50:05] JUST TO GET SOME, UH, AIR TO COME IN, YOU KNOW, TO GET CIRCULATION OF THE AIR IN THE ROOMS. YEAH. IT IS AIR CONDITION. IT DOESN'T HAVE IT NOW. IT DID HAVE IT AIR CONDITIONING. OKAY. UM, ARE THERE ANY OTHER QUESTIONS? COMMISSIONER CRUZ? SO HOW OLD IS THE STRUCTURED AS OF TODAY? UH, 18 YEARS. IT'S BEEN THERE 18 YEARS. YES. YES. WHY NOW? OKAY. WHAT, OKAY. STAFF. WHAT TRIGGERED THIS? JUST CO COMPLIANCE, DRIVING CO COMPLIANCE. THIS, OKAY. WELL, UM, WE DON'T HAVE ANY PUBLIC COMMENTARY, SO WHAT WE'LL DO IS COMMENT, COMMISSIONER MANNA. SO, SO THIS IS MAYBE A QUESTION JUST FOR CITY STAFF. SO, SO IF THIS IS APPROVED, UM, YOU KNOW, I GUESS WILL AN ENGINEERING REPORT HAVE TO BE DONE FOR THIS WHOLE STRUCTURE? UM, GIVEN THE SIZE OF IT AND EVERYTHING ELSE? YES, SIR. YOU HAVE TO GO THROUGH THE SAME, UH, PROCEDURES WITH THE ENGINEER LETTER AND UH, UM, IF YOU LOOK AT THE, UH, SLIDE, UM, OR THE ATTACHMENTS, UM, WE HAD A PICTURE FROM 20 2007 RIGHT. AND 2011. SO THE STR, THE ORIGINAL CARPORT STRUCTURE APPEARS TO BE THERE IN TWO 2007. BUT THE SECONDARY PARK TO THE TOP DID NOT APPEAR TILL 2011. SO JUST TO GIVE YOU A FURTHER TIMELINE, TELL ME IN THE LAST PHOTOGRAPHY AND MANNA COMMISSIONER MANNA. SO I THINK PART OF THE DIALOGUE HERE IS ALSO REGARDING THE, LET'S SEE, DOES IT INCLUDE THE SIDE SETBACK? SO I'M LOOKING AT THE, THE POST AND THE POST FLARE OUT AT THE TOP. AND SO I'M ASSUMING THE, THE, UM, IS THAT PART OF THE MEASUREMENT? RIGHT. IT'S MEASURED FROM THE, THE, UH, FURTHEST POINT. OKAY. UM, SO ON THE, OUT OF THE THREE VARIANCES, TWO, TWO WERE FOR THE ACCESSORY STRUCTURE, IS THAT, IS THAT JUST, UM, IS THAT THE FIRST FLOOR AND THE, THAT FIRST FLOOR TO THE RIGHT AND THEN THAT SECOND FLOOR STORAGE AND THEN THE CARPORT IS COMPLETELY SEPARATE? UH, WELL THE CARPORT HAS TO HAVE THE 10 FOOT. UM, AND IT'S A MORE RESTRICTIVE ONE THAN THE NORMAL, UH, ACCESSORY STRUCTURE SETBACK. THAT'S WHY WE PUT THE CARPORT SETBACK. OKAY. SO THE, SO THE ACCESSORY STRUCTURE ITSELF IS FIVE FEET AWAY. 'CAUSE THAT'S NOT THE FRONTAGE, THE ADDRESS IS ON THE OPPOSITE STREET. RIGHT? RIGHT. BUT THEY'RE STILL UP. THEY'RE STILL, YEAH, THEY NEED THE FIVE FEET, BUT THEY'RE STILL UP TO THAT, UM, PROPERTY LINE. OKAY. SO, YOU KNOW, IF WE DON'T PASS, IF, IF WE DON'T PASS THE CARPORT, THE ACCESSORY STRUCTURE ALONG ALONG THE STREET IS STILL A PROBLEM. CORRECT. OKAY. ALRIGHT. WELL, UH, THANK YOU VERY MUCH. MM-HMM, , UH, WE'RE GOING TO LOOK FOR A MOTION AND, AND SEE HOW THIS TURNS OUT. OKAY. STEVENS COMMISSIONER STEVENS, REGARDING CASE NUMBER BO A DASH 24 DASH 103 0 0 0 7 6. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR ONE A TWO FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SETBACK TO ALLOW AN ACCESSORY STRUCTURE WITH A TWO FOOT SIX INCH WESTERN SIDE SETBACK. TWO A FOUR FOOT 11 INCH VARIANCE WITH A MINIMUM FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ACCESSORY STRUCTURE WITH A ONE INCH EASTERN SIDE SETBACK AND THREE A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT SETBACK TO ALLOW A CARPORT WITH A ONE INCH REAR SETBACK SITUATED AT 3 3 1 GOLF STREET. APPLICANT BEING LIZARD GUILLERMO, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE WOULD DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. STAFF FINDS THE RE THAT STAFF FINDS THE REDUCED SETBACKS OF THE CARPORT ACCESSORY STRUCTURE IN REAR YARD WILL NOT INJURE NEIGHBORING LOTS AND PROVIDE SUFFICIENT ROOM FOR ENTERING AND EXITING. [01:55:01] TWO DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UN UNNECESSARY HARDSHIP. STAFF FINDS THAT A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP AS BOTH THE CARD PORT ACCESSORY STRUCTURE HAS EXISTED SINCE 2006 WOULD NEED TO BE RECONSTRUCTED OR DEMOLISHED TO ADHERE TO CURRENT REGULATIONS. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. STAFF FINDS THAT THE STRUCTURE'S LOCATION AND USE OBSERVES THE SPIRIT OF THE ORDINANCE AND INTENT OF THE CODE OF THE REQUESTED VARIANCES LEAVE SUFFICIENT DISTANCE BETWEEN THE STRUCTURE, PROPERTY LINES AND STREET ACCESS. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION AND U AND THE OPERATION OF A USE OTHER THAN THOSE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARI SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL, ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTING THE CARPORT SLASH ACCESSORY STRUCTURE WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. AND SIX, THE P PLATE OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SAW 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 THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE PROPERTY DOES NOT HAVE THE ADEQUATE SPACE FOR CARPORT SLASH ACCESSORY STRUCTURE TO MEET THE SIDE AND REAR SETBACK REQUIREMENTS. END OF MOTION. SECOND. SECOND BY COMMISSIONER BENES. COMMISSIONER STEVENS. UM, I'M GOING TO BE IN SUPPORT OF THIS VARIANCE JUST DUE TO THE FACT THAT THIS STRUCTURE'S BEEN HERE FOR AT LEAST 13 YEARS. SO I THINK IT'S A BIT EGREGIOUS TO, TO GO AFTER THAT STRUCTURE NOW, ESPECIALLY SINCE WITH THE APPROVAL OF THE VARIANCE THEY'LL HAVE TO GO THROUGH PROPER PERMITTING PROCESS. SO THAT'S WHERE I'M AT. ALRIGHT, THANK YOU COMMISSIONER BEES. I AGREE WITH MY COLLEAGUE. ALL RIGHT. ANY OTHER COMMISSIONERS LIKE TO ADD, UH, HEARING NONE UNLESS I HAVE A ROLL CALL VOTE PLEASE. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER BENAVIDEZ? I CONCUR. COMMISSIONER BARTON? NO, I DO NOT. CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER OZUNA? YES, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 10 TO ONE. UM, CONGRATULATIONS. IF YOU HAVE ANY QUESTIONS, UH, YOU CAN GET WITH STAFF. ALL RIGHT, THANK YOU. ALL RIGHT. ITEM NUMBER, ACTUALLY LET'S TAKE A BREAK. NOPE. SO YOU ALL BACK IN ABOUT FIVE OR SIX MINUTES. ALL RIGHT. THREE 11. WE'RE GONNA GET THIS BACK ON TRACK, I BELIEVE WHEN WE'RE ON ITEM NUMBER SIX. SO REAL QUICK, UM, ITEM NUMBER SIX. APPLICANT WAS NOT HERE IN THE BEGINNING OF THE MEETING. ARE THEY HERE NOW? ITEM NUMBER SIX FOR 8 59 CANTON STREET. AND WE WERE TRYING TO GET AHOLD OF THE APPLICANT. UH, SO IF YOU CAN SKIP THAT. YEAH, WE SURE WILL. UH, ITEM SEVEN. ALL RIGHT. UH, ITEM NUMBER SEVEN, BO OA DASH 24 DASH 0 3 0 0 8 5. UH, ADDRESS IS GONNA BE 96 43 NEW LAREDO HIGHWAY, UH, COUNCIL DISTRICT FOUR APPLICANT BEING TONY BO CANYON. UH, REQUEST FOR A VARIANCE FOR THE FENCE MATERIAL TO ALLOW A CORRUGATED MIDDLE FENCE ON THE PROPERTY. ZONING IS C3 R WITH YEAH, C3 R. THANKS. UH, THE SUBJECT PROPERTY IS LOCATED APPROXIMATELY A HALF MILE NORTH OF I 35 SOUTH AND I FOUR 10 INTERCHANGE EAST OF, UH, QUINTANA ROAD SOUTH OF CASON DRIVE ON NEW LAREDO HIGHWAY. THE PROPERTY RECEIVED A NON-CONFORMING REGISTRATION FOR A USE OF, UH, USED AUTO, UH, AUTO PARTS RECYCLER AND METAL RECYCLING ENTITY, WHICH IS WITH OUTSIDE STORAGE AND PROCESSING. AS THE PROPERTY IS USED AS A VEHICLE SALVAGE AND METAL RECYCLING FACILITY, THE APPLICANT IS REQUESTING A CORRUGATED METAL VARIANCE TO RETAIN THE EXISTING FENCE [02:00:01] AS WELL AS FUTURE EXPANSION ALONG THE PER PERIMETER OF THE PROPERTY. TO ENSURE SAFETY AND PRIVACY OF THE FACILITY AND THE PUBLIC, THE ISSUANCE OF A PERMIT IS PENDING THE OUTCOME OF THE BOARD OF ADJUSTMENT. AND THIS IS THE SITE PLAN. AND THIS IS THE FRONT, UH, AREA OF THE PROPERTY, SUBJECT PROPERTY, THE SURROUNDING AREA. STAFF RECOMMENDATION FOR THE CORRUGATED MIDDLE VARIANCE STAFF RECOMMENDS APPROVAL IN BOA TWO FOUR DASH 0 3 0 0 0 8 5 BASED ON THE FOLLOWING FINDINGS OF FACT ONE. THE ESTABLISHED USE IS A HIGH INTENSITY HEAVY INDUSTRIAL USE AND TWO CORRUGATED METAL EXIST IN THE AREA AS NON-CONFORMING STRUCTURES. MA UH, STAFF MAILED NINE NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION. AND THEY'RE NOT WITHIN 200 FEET OF A NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF'S PRESENTATION. APPLICANT IS AVAILABLE. ALL RIGHT. IS THE APPLICANT COME FORWARD? ALRIGHT, HOW YOU DOING? UH, STATE YOUR NAME AND TELL US ABOUT YOUR FENCE. MY NAME IS PRIMO ARAJO. UH, I AM AT FIVE 17 SKY FOREST HOLLYWOOD PARK AND I'M REPRESENTING MY CLIENT, TONY BUCAN, WHO IS SITTING RIGHT THERE. AND SINCE STAFF HAS ALREADY GIVEN APPROVAL AND YOU'VE KIND OF SEEN THE PICTURES, SOMETIMES IT'S BEST NOT TO SAY ANYTHING UNLESS YOU HAVE ANY QUESTIONS WITH, BUT IT IS A RECYCLING, UH, FACILITY. UM, ONE OF THE THINGS THAT WAS IN NARROW, THE FRONT PART OF IT IS ACTUALLY NON-CONFORMING USAGE AND THE BACK END WAS SOME, UH, QUESTIONS ABOUT THAT. AND IT IS ALL NON-CONFORMING. UH, IT IS MY UNDERSTANDING ON THAT PART OF IT. SO THE QUESTION, WELL, THIS WAS ROUTE AROSE BECAUSE THE BACK FENCE, WHICH IS UH, ON QUINTANA ROAD WAS I GUESS FLAGGED FOR NON-CONFORMING. AND SO THAT'S WHY WE'RE HERE TO SEE IF WE CAN'T GET THAT TO MATCH THE WHOLE SURROUNDING NEIGHBORHOOD. IF YOU'LL, SO, SO ON THE SITE PLAN THAT COMES UP, THERE'S A HIGHLIGHTED PORTION THAT LOOKS WHERE, THAT TELLS US WHERE THE VARIANCE IS REQUESTED. SO YOU YES. YES. SO YOU DON'T HAVE THE CORRUGATED METAL FENCE ON THE, ON THE PARTS THAT DON'T HAVE THE HIGHLIGHT, THE, THE, THE HIGHLIGHTED SIDES, THE EAST AND WEST ARE, THAT ONE RIGHT THERE IS CORRUGATED. MM-HMM. . AND SINCE WE'RE GOING TO, UH, ASK FOR VARIANCE, HE HOPES TO BE ABLE TO GO AHEAD AND CLOSE THE WHOLE ENTIRE PROPERTY, WHICH IS THE SIDES. OKAY. TO MATCH THAT CORRUGATION STAFF WAS, DID THE REQUEST INCLUDE THE ENTIRE PERIMETER OR JUST THE HIGHLIGHTED AREAS? UH, THE REQUEST IS FOR THE, CAN BE FOR THE ENTIRE PERIMETER. 'CAUSE WE DIDN'T LIMIT THAT TO ANY, UM, THAT WAS JUST A SIDE PLAN PROVIDED. YEAH, THERE IS NO CORRUGATION ON THE SIDES, BUT HE WOULD LIKE TO GO AHEAD AND GET THAT VARIANCE. THAT'S WHAT I WAS ASKING IS THAT WE'RE ONLY ALLOWED TO APPROVE WHAT IS SPECIFICALLY INCLUDED IN THE APPLICATION OR LESS. AND SO DID THE APPLICATION DID NOT INCLUDE THE WHOLE PERIMETER THEN? OH, THE LANGUAGE ON THE REQUEST DID NOT LIMIT THEM TO ONLY A CERTAIN PORTION. OKAY. SO THIS CAN'T BE APPROVED FOR THE ENTIRE, I JUST WANTED TO MAKE SURE. RIGHT. YEAH, I I WAS KIND OF, IT'S KIND OF TRICKY. SO OKAY. UH, IS THERE ANY QUESTIONS? UH, IS THERE ANY PUBLIC COMMENTARY UNLESS UNDER THE SPEAK? NO PUBLIC COMMENT. ALL RIGHT. ANY QUESTIONS FROM THE COMMISSION? HEARING NONE. LET'S SEE HOW THIS TURNS OUT. UM, LOOKING FOR A MOTION, MR. BRACKMAN, REGARDING CASE NUMBER BO OA DASH TWO FOUR DASH 0 3 0 0 8 5. I MOVE THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A VARIANCE FROM DEFENSE MATERIALS TO ALLOW FOR A CORRUGATED METAL FENCE ON THE PROPERTY SITUATED AT 9 6 4 3 NEW HIGHWAY APPLICANT BEING TONY HELIAN BECAUSE OF THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOWS PHYSICAL CHARACTER OF THIS PROPERTY. COMMISSIONER BREGMAN, UH, WE MIGHT HAVE A SPEAKER. YEAH, WE HAVE ONE PERSON THAT DID NOT SIGN IN. UM, IF IT'S OKAY WITH THE CHAIR IT SURE IS. COME ON UP SIR. SO BEING SIGN IN, UH, SIGN IN AFTER YOU SPEAK. SO GO AHEAD AND GO UP THERE. STATE YOUR NAME AND ADDRESS PLEASE. HELLO, COMMISSIONER. MY NAME'S, UH, LW WITH NOT, AND I HAD BOUGHT THIS OTHER PROPERTY TO THE, I GUESS YOU'D CALL IT NORTHEAST 16 ACRES. AND, UH, WE WERE ASSURED BY THE, WHEN WE APPLIED FOR A CHANGE ZONING CHANGE THAT THERE'D BE NO MORE AUTOMOTIVE PARTS TO THE SOUTH, UH, SOUTH OF US. SO IT MADE IT A, AN ATTRACTIVE 1616 ACRES. AND NOW WE'RE GETTING IT EXPANDED INTO ANOTHER USED CAR [02:05:01] LOT OR THERE ARE ALREADY A BUNCH. AND THEY WERE TOLD, WE WERE TOLD BY THE ZONING COMMISSION, THEY DIDN'T WANT ANY MORE QUOTE, QUOTE JUNKYARDS OR ANYTHING. AND, AND I DON'T PARTICULARLY CARE TO HAVE ANOTHER JUNK RECYCLING THING BECAUSE OF ENVIRONMENTAL PROBLEMS THAT COULD COME MY WAY ON THE THING. OKAY. UH, I HAD TALKED WITH TONY HERE DURING THE BREAK AND BEFOREHAND THAT HE, THEY WOULD MIGHT TO A WAIT FOR SIX MONTHS TO APPLY FOR IT AND I COULD WITHDRAW MY OPPOSITION IF I COULD GET A GOOD REASON FOR IT. UH, SORRY. I WASN'T ABLE TO GET THE STUFF IN TIME AS I DIDN'T GET THE MAIL UNTIL SATURDAY 'CAUSE IT WAS MAILED BY SNA MAIL AND I ON THE 23RD AS NEAR AS I CAN TELL. SO I DIDN'T HAVE CHANCE TO GET A CHANCE TO GET ANYBODY TO REPRESENT ME 'CAUSE I'M NOT A SPEAKER OR, AND HAVE A REALLY HARD TIME OF HEARING. OKAY. EVERYTHING ECHOES TO MY HEARING AIDS, BUT I WOULD LIKE TO, IF WE COULD JUST, UH, MAKE AN AGREEMENT ON WHAT IS THERE. I DON'T MIND A GOOD LOOKING FENCE, BUT I HAD NEVER SEEN A GOOD LOOKING CORRUGATED ONE. I ALWAYS THINK OF THOSE AS GRAIN BINS, WATER TANKS AND SOME ROOFS. BUT, UH, THAT'S REALLY MY OPPOSITION. I HAVEN'T SEEN THE LOOK OF THE FENCE. AND ON THAT SKETCH UP THERE, 16 ACRES IS THE GREEN AREA ABOVE IT. AND THEN THAT THE GREEN AREA INTO THE, AND BELOW IT TO THE, UH, DO WE HAVE A LASER POINTER? IF, IF YOU CAN KIND OF, I'M TO THIS RIGHT THERE. OH, YOU'RE ACROSS THE STREET. I, I, UH, GO ALONG CASSON ROAD. OKAY. YOU'RE YOU'RE ACROSS THE STREET THEN YOU, YOU'RE ACROSS THE ROAD. NO, NO. I THINK THIS IS THE A ACCESS IS THE INTERSTATE IS RIGHT THERE, ISN'T IT? RIGHT. THE, THE AREA THAT'S IN SOLID RED IS THE, THE PROPERTY THAT WE ARE HERE, UH, DISCUSSING. WELL, THE ISN'T VERY GOOD WHAT I'M LOOKING AT. CAN YOU BRING UP GOOGLE MAPS? IS THERE ANY WAY I'VE GOT, SO SIR, UM, THERE IS ANOTHER CORRUGATED METAL FENCE, UM, AFTER THIS ONE. I BELIEVE THAT'S THE ONE THAT YOU'RE REFERRING TO. 'CAUSE THERE'S TWO SEPARATE CASES NEAR EACH OTHER. THE NEXT ONE IS, IS NEAR CASSON ROAD. THIS ONE IS NOT THE NEXT CASE. IT MIGHT BE THE NEXT CASE. THE NEXT, THE NEXT CASE THAT'S YOUR, IS RELEVANT TO YOUR COMMENTS. OH, I I THOUGHT THIS WAS A 16 ACRES OR 10 ACRES ON THE NEXT CASE. YES, SIR. OFF YOU'RE, YOU'RE OFF CASON ROAD. I THOUGHT TONY WAS, HE'S HE'S FOR BOTH. I'M SORRY. . YOU'RE GOOD. YOU'RE GOOD. YEAH. THERE'S, THERE'S ANOTHER ONE. ITEM NINE THAT I IS, IS ALSO SIMILAR. ALL RIGHT. SO WE, WE'LL GET BACK TO RESUME BACK WITH, UH, COMMISSIONER BRAGMAN ON THE MOTION. OKAY. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS WE'VE DETERMINED. SO THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THROUGH LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED, WOULD RESULT IN UNNECESSARY HARDSHIPS. 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 LEGAL ESTABLISHED USE IS A HIGH INTENSE, HEAVY INDUSTRIAL USE. TWO DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF FOUND THE SIZE OF THE LOT, REQUIREMENT OF OFFENSE AND APPROVED USE WILL CREATE AN UNNECESSARY HARDSHIP WITHOUT THE VARIANCE. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE OFFENSE APPEARS TO OBSERVE THE SPIRIT OF THE ORDINANCE AS THE ESTABLISHED USE IS A HIGH INTENSITY HEAVY INDUSTRIAL USE. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT AND WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY'S LOCATED STAFF FINDS THE GRANTING OF THE VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES OR ALTERED THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED AS CORRUGATED METAL OFFENSES EXIST AS NON-CONFORMING STRUCTURES IN THE AREA. [02:10:01] SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR VARIANCES SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY, WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE ESTABLISHED USE AND THE EXISTING CORRUGATED METAL FENCES IN THE AREA. END OF MOTION. ALRIGHT, SECOND. SECOND. BY COMMISSIONER ZUNA. COMMISSIONER BRAGMAN? UH, YEAH, I'LL BE IN SUPPORT OF THE MOTION. UH, THERE'S ALREADY EXISTING PORTIONS OF CORRUGATED FENCE. THIS WILL JUST ADD ONTO IT AND IT'LL SECURE THE PROPERTY. I CAN IMAGINE THAT, UH, IN THE TYPE OF BUSINESS THAT, UM, IS THERE, UH, IT CAN BE DETRIMENTAL NOT HAVING, UH, SECURITY AROUND THE PROPERTY. SO I'LL BE IN SUPPORT FOR THOSE REASONS. COMMISSIONER ZUNA? YEAH, I CONCUR FOR THE SAME REASONS. ALL RIGHT. ANYONE ELSE LIKE TO ADD HEARING NONE THE SEVERAL ROLL CALL VOTE PLEASE. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACTS. COMMISSIONER UNA? I CONCUR. COMMISSIONER BARTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER YBANEZ? I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ I CONCUR CHAIR OR, AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. UH, DUE TO THIS, WE HAVE THE SAME APPLICANT. WE'RE GONNA SKIP TO NUMBER NINE. OKAY. ITEM NUMBER NINE, BO OA DASH 24 DASH 1 0 3 0 0 8 7. ADDRESS IS GENERALLY LOCATED IN THE 9,600 BLOCK OF I 35 SOUTH COUNSEL, DISTRICT FOUR, APPLICANT TONY BUCHANAN. UH, REQUEST FOR A VARIANCE FOR A METAL, UH, FENCE MATERIAL TO ALLOW A CORRUGATED METAL FENCE ON THE PROPERTY. ZONING IS L THE SUBJECT PROPERTY IS LOCATED APPROXIMATELY A MILE NORTH OF I 35 SOUTH, AND I FOUR 10 ENTERS CHANGE EAST OF, UH, NEW LAREDO HIGHWAY AND 450 FEET SOUTH OF CASON ROAD ALONG I 35 SOUTH ACCESS ROAD. THE APPLICANT ALSO BEING THE PROPERTY OWNER IS REQUESTING A CORRUGATED MIDDLE FENCE VARIANCE TO CONSTRUCT A PERIMETER FENCE AROUND A VACANT PROPERTY LOCATED WITHIN THE 9,600 BLOCK OF I 35 SOUTH TO ENSURE THE SAFETY AND PRIVACY AND THE PUBLIC FOR, FOR THEIR PRIVACY AND THE PUBLIC TO, FOR FUTURE EXPANSION OF THE SALVAGE YARD AND METAL RECYCLING. THE ISSUANCE OF A PERMIT IS PENDING THE OUTCOME OF THE BOARD OF ADJUSTMENT. THIS IS A SITE PLAN. IT'S I 35 SOUTH, AN AERIAL VIEW OF THE PROPERTY, AND THEN THE SURROUNDING AREA, AND THEN THE VIEWS OF I 35 I FOUR 10 INTERCHANGE. AND THEN WEST, UH, IT'S I 35 SOUTH ACCESS ROAD TOWARDS CASSON DRIVE. STAFF RECOMMENDATION FOR THE CORRUGATED METAL VARIANCE STAFF RECOMMENDS DENIAL AND BOA DASH 24 DASH 0 3 87 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THERE ARE NO UNIQUE CIRCUMSTANCES ON THE PROPERTY THAT MERIT DEVIATION FROM THE ACQUIRED FENCE MATERIALS. AND TWO, THE REQUEST IS CONTRARY TO THE PUBLIC INTEREST AS IT CAN POTENTIALLY CREATE SA SAFETY CONCERN. UH, STAFF MAILED SEVEN NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION, AND THEY'RE NOT WITHIN 200 FEET OF A NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF'S PRESENTATION. APPLICANT IS AVAILABLE, UH, BEFORE YOU GO. UH, YES. THE BUDDING PROPERTY WHERE THE, THE SPEAKER PREVIOUSLY CITIZEN SPOKE, IT'S NOT ZONED NP 10, RIGHT? IT IT'S L JUST LIKE THE ONE IN QUESTION FOR, LET'S SEE. GO TO THE FIRST ONE. OKAY. MP? YEAH, ORIGINALLY IT'S NMP 10 AND I THINK IT, UH, IN THE ZONING HISTORY, THIS WAS RECENTLY, UH, HAD A CHANGE OF ZONING. OH, I DON'T KNOW HOW RECENT I WOULD GO BACK TO THE HISTORY, BUT IT WAS CHANGE THE ZONING TWO L, BUT IT WENT, I THINK IT WENT FROM, UH, MP TEN TWO L. OKAY. I JUST WANTED TO MAKE SURE THAT NO HOUSES WERE GONNA GO THERE OR SOMETHING. ALRIGHT, GREAT. UM, IS [02:15:01] THERE, IS THERE, UH, THE APPLICANT I ASSUME IS PRESENT? YES, APPLICANT IS PRESENT. ALL RIGHT. JUST COME ON UP. STATE YOUR NAME, UH, AGAIN AND, UH, TELL US ABOUT THIS PROPERTY. LONG DAY FOR THIS ONE, BUT THIS IS, I'M GONNA TRY TO CONDENSE IT. UM, THIS PARTICULAR ONE IS, UH, WE'RE IN THE PROCESS OF HAVING TO GET PLATTED. UH, MR. BUCHANAN HAS, UH, GOALS TO DEVELOP THIS INTO A NICE AUTO COMPLEX, UH, FACILITY. AND AT THE MOMENT THERE IS A CORRUGATED FENCE, UH, THAT PROBABLY WILL NOT STAY IN HIS CURRENT WAY THAT'S LAID OUT. UH, BUT BECAUSE HE EXPERIENCES A LOT OF, UH, THEFT FROM HIS, UH, BUSINESS, IT IS UP THERE AS A BUFFER, UH, TO PREVENT THAT FROM HAPPENING. WE ANTICIPATE THAT ALL THAT WILL BE DEVELOPED IN THE NEAR FUTURE ONCE WE GET THE PLATTER DONE. AND IT IS MR. MCCANN'S DESIRE TO HAVE THAT FENCE AS IS TO PROTECT ALL THOSE BUSINESSES. AND, UH, I KNOW THE GENTLEMAN BEFORE DOESN'T WANT A JUNKYARD OR ADDITIONAL JUNKYARD OR WHATEVER THAT IT IS NOT GOING TO BE THAT. BUT CAN YOU IMAGINE IF WE DIDN'T HAVE THE ORDINANCES THAT WE HAVE, WE WOULD HAVE ALL THOSE JUNK CARS IN OUR FRONT BECAUSE WE NEED TO HAVE AN AREA WHERE WE TAKE THESE THINGS THAT ARE DISCARDED AND PROPERLY TRY TO DO SOMETHING WITH THEM. AND, AND CAN YOU IMAGINE IF WE DIDN'T HAVE THAT, IT WOULD BE ALL OVER THE PLACE? IT'S THERE AND MR. BUCHANAN IS GOING TO MAKE THAT, UH, A VERY NICE AREA, UH, IN THE NEAR FUTURE ONCE WE GET THROUGH THE WHOLE PLATING. BUT IN THE MEANTIME, WE'D LIKE TO SEE IF WE CAN KEEP THE CORRUGATED, UH, FENCING TO PREVENT ANY FUTURE THEFTS FROM HIS PROPERTIES IN THE BACK. OKAY. UM, I, I ACTUALLY HAVE A QUESTION. SO ON THE SITE PLAN, IT LOOKS LIKE YOU HAVE THIS, THIS LARGE AREA, BUT THERE'S A BIG SLAB OF CONCRETE THAT RUNS IN THE BACK. UH, IT'S, UH, UH, UH, I GUESS A KIND OF A, UH, ASPHALT, UH, MIX. UM, BUT IS IT, IS THAT BEING USED BY THE PEOPLE BEHIND YOU? IS THAT SHARED? NO, IT'S NOT BEING USED AT ALL. AND IT WILL NOT BE USED AT ALL, UH, PER OUR AGREEMENTS WITH THE CITY, UH, BECAUSE IT IS, UM, UH, ZONED PROPERLY. UH, WE DON'T HAVE A PLAT YET, SO WE CAN'T USE IT. NO. I GUESS WHAT I'M GETTING AT IS IT'S, YOU HAVE A PIECE OF PROPERTY THAT APPEARS TO BE CONNECTED TO THE PROPERTY ABOVE YOU. I'M, I'M JUST LOOKING AT THE AERIAL. IS THERE A, IT LOOKS LIKE THERE'S A DRIVE THAT MAYBE CONNECTS TO THAT LARGE PAVED AREA. IS THAT, IS THAT A, UH, ARE, ARE Y'ALL, WHICH YOU TALKING ABOUT BRING UP GOOGLE MAPS? I MEAN, THAT, THAT, THIS ONE'S FINE. I MEAN, YOU CAN SEE THAT LARGE RECTANGULAR SLAB OF RIGHT IMPERVIOUS COVER, BUT IT ALSO LOOKS LIKE THERE'S A CONNECTING DRIVE THAT COMES FROM THE, FROM THE PROPERTIES. OH, TOWARDS THE BACK. MM-HMM. , UH, YEAH, THAT'S, THERE'S ACTUAL FENCE THERE THAT, UH, PROHIBITS THEM FROM GOING, FROM GOING THROUGH THERE. SO WHAT, WHAT WAS THAT THEN? WAS IT A PARKING LOT? I MEAN, WHAT WAS THAT THING? THAT WAS JUST FARM LAND. THAT'S ALL IT'S EVER BEEN. WELL, I'M, I, I NOBODY BUILDS, UH, YOU KNOW, THREE ACRES OF ASPHALT OR CONCRETE FOR NO REASON. WHAT WAS IT FOR? ACTUALLY, MR. BUCHANAN DID A LITTLE BIT OF CLEARING, UH, MAINLY TO DO A LOT OF, UH, IF WE GO BACK INTO GOOGLE MAPS, YOU'LL SEE MORE OF, UH, TREES AND SO FORTH. UH, THERE ARE A LOT OF UNDERBRUSH. I'M ONLY TALKING ABOUT THE PAVED AREA WHERE THERE'S NO LIFE. YEAH, IT'S, IT IS JUST, IT IS JUST THE GRAVEL THAT'S GRAVEL. YES, SIR. I KNOW IT'S KIND OF, BUT IT'S JUST SO I SHOW YEAH. SO THERE SHOWS AN OPENING IN THAT FENCE LINE THERE. YES. IT'S NO LONGER THERE. IT'S, THE FENCING HAS BEEN CLOSED. NOTHING IS ON THAT PROPERTY AT ALL. OKAY. SO YOU'RE, THAT IS NOT GONNA BE A, A SHARED PARKING? UH, NO SIR. IT, IT CAN'T BE BECAUSE IT'S A DIFFERENT KIND OF ZONING. AND, UH, SO WHAT HE WANTS TO DO IS TO KIND OF JUST ONE, GET THE ORDINANCE TO KEEP THAT, UH, CORRUGATED METAL THERE AND JUST KEEP THAT FOR OH, OKAY. YEAH, THERE. THANK YOU. YEAH, THIS RIGHT HERE IS CLOSED OFF. SO THERE IS NO DRIVE THROUGH. UH, AND ALL THESE ARE NOT HERE ANYMORE. UH, THERE WAS AN AGREEMENT WITH THE CITY AND WE, THEY, THAT WAS ALL ELIMINATED. SO ALL THIS IS GONNA BE, IS VACANT IN THE MEANTIME UNTIL HE GETS THE PLANNING REDONE AND PROPERLY GET DONE. OKAY. ARE THERE ANY, UH, MR. BRACKMAN, UM, SO YOU SAID THIS IS GONNA BE A, UM, AUTOMOBILE COMPLEX. YEAH. WHAT ARE WE TALKING ABOUT? YES, MA'AM. IT IS, UH, THERE'S GONNA BE SOME WAREHOUSING. UH, MR. BUCHANAN, WHAT HE DOES, HE'S, UH, BUYS AUTOMOBILES AND TAKE THE PARTS AND HE STORES THEM IN WAREHOUSES. AND IT IS HIS PLANS TO HAVE WAREHOUSING IN THIS AREA. SO I LIKE YOUR COSTCO OF AUTO PARTS, HIS PARTS. AND HE PERSONALLY HAS PROFESSIONALS THAT TAKE 'EM OFF AND STORES THEM AND SELLS THEM. AND THEN THE, ALL THE RUINING [02:20:01] PARTS GETS SCRAPPED AND RECYCLE AND SENT OFF. UH, BUT WHAT HE PLANS TO HAVE IS HAVE, UH, A DEALERSHIP, UH, AND ALSO AN AUTOMOBILE, UH, UH, LIKE A COLLISION AUTO REPAIR. UH, AND ALSO BECAUSE OF HIS BUSINESS, UH, HE HOPES TO BE ABLE TO HAVE A LEARNING FACILITY FOR HIGH SCHOOL KIDS THAT CAN HAVE ANOTHER, UH, SKILL. TAKING CARS APART IS AN ART FORM. PEOPLE JUST THINK IT'S JUST SOMETHING YOU JUST TEAR APART. BUT THAT'S REALLY ACTUALLY A LUCRATIVE BUSINESS. AND THERE'S NO REASON WHY YOUNG PEOPLE WHO WANT TO WORK WITH THEIR HANDS, YOU CAN'T LEARN HOW TO DO THAT PROPERLY AND MAKE A LIVING. UH, AND THAT'S A, THE, WE'VE SPOKEN TO THE COUNCIL LADY, UH, ON THIS, AND SHE'S NOT IN, IN FAVOR OF THIS KIND OF ACTIVITY, BUT SHE'S IN FAVOR OF EDUCATION AND SHE'S FAVOR THAT MAYBE THE SALVAGE BUSINESS IS MOVING INTO NEW TECHNOLOGY AND WHY NOT? WE STILL HAVE CARS. WE STILL GOTTA DO SOMETHING WITH THEM. SO, DEAN, I GOT A QUESTION, COMMISSIONER DEAN. HEY, THAT WAS REAL GREAT. UH, HEARING ALL THAT, UM, AS FENCE, IS IT GONNA BE CAPPED AT THE TOP? UH, UH, YOU KNOW, WE'RE GOING THROUGH THE REDESIGN, UH, OF THIS, THAT, THAT FENCE THAT YOU SEE RIGHT NOW IS NOT GONNA BE THE WAY IT IS. IT IS A TEMPORARY FENCE FOR, FOR LACK OF A BETTER WORD. UH, MAINLY IT'S REALLY TO PROTECT, UH, ALL THIS AREA RIGHT HERE. BECAUSE WHEN THIS FENCE WASN'T THERE, THERE WAS CONTINUOUSLY BREAK-INS AND BEING THEFT. UH, I MEAN, WE'RE TALKING HUNDREDS OF DOLLARS A NIGHT, UH, TAKING ALL THESE AUTO PARTS AND HAULING 'EM OFF AND THEY WOULD JUST GO OUT. SO THIS FENCE HAS PREVENTED THAT TEMPORARILY. AND, UH, LIKE I SAID, WE WE'RE HOPING, UH, WITH, WITH THE GENTLEMAN WHO OWNS THIS PROPERTY RIGHT HERE, THE 16 ACRES, I THINK THEY KIND OF HAVE A VERBAL AGREEMENT RIGHT NOW THAT THIS WILL BE REDONE. I MEAN, WE'RE TALKING ABOUT A FULL DEVELOPMENT ALL UP AND DOWN THIS AREA RIGHT HERE. I DON'T HAVE ANY FUTURE PICTURES. WE, ME TO SHOW YOU WHAT WE ARE VISION, BUT IT, IT'S VERY NICE. MANNA COMMISSIONER MANNA. SO THIS MAY BE A QUESTION FOR CITY STAFF. SO REGARDING, UM, THE ZONING AS IT'S CURRENTLY LAID OUT, UM, I GUESS WHAT IS THE ZONING RESTRICTION FOR WHAT CAN BE DONE ON THIS PROPERTY? UM, UM, YOU KNOW, AND SO, SO YOU KNOW, CAN IT BE COME LIKE, UM, I GUESS A SALVAGE, SO YARD VERSUS, YOU DESCRIBED VEHICLE SALES AND BODY WORK, WHICH HE CAN DO IN THE L BUT HE WILL NEED A REZONING IF HE'S DOING, UM, AUTO PARTS RECYCLER OR METAL RECYCLING ENTITY. OKAY. SO, SO THAT MAY ADDRESS, UH, ONE OF THE QUESTIONS I WAS ASKED BY THE, BY UH, A PRIOR CITIZEN THEN. RIGHT. SO, OKAY. THANK YOU DEAN. AGAIN, MR. DEAN. UH, YEAH. SO YOU HAD MENTIONED YOU SPOKE WITH THE COUNCILWOMAN AND YES. WHAT, WHAT ARE YOUR RECOLLECTIONS FROM THAT? SHE WAS SUPPORTING IT, NOT SUPPORTING IT. YOU KNOW, WHEN WE FIRST WENT IN, WE'D SPOKE WITH HER, UH, TWO YEARS AGO POSSIBLY. IT'S BEEN GOING ON FOR QUITE SOME TIME. AND, UH, SHE WAS CONCERNED THAT THEY WERE GONNA BLEED AND BE MORE OF A, UH, SALVAGE AREA OR SALVAGE BUSINESS. UM, AND WE ZONED IT SO THAT YOU COULDN'T DO THAT KIND OF WORK OR KIND OF BUSINESS THERE. AND, UH, WE DID SPEAK TO HER IN, IN DETAIL ABOUT WHAT SOME OF THE THINGS THAT WE'RE DOING, BUT MAINLY THE EDUCATIONAL PART, 'CAUSE MR. BUCAN REALLY WANTS TO PUSH THAT PART OF IT. UH, THE EDUCATIONAL PART ON HOW TO TAKE THESE THINGS APART AND, YOU KNOW, STRETCH TO BECOMING A MECHANIC OR SO FORTH. BUT THERE'S NO AREAS IN THIS AREA THAT TEACHES YOUNG KIDS HOW TO TAKE VEHICLES APART. SO SHE WAS FULL, SHE WAS SUPPORTING IT OR NOT? I'M TRYING TO, YEAH. WELL SHE SUPPORTED IT BECAUSE SHE APPROVED, UH, THE REZONING, SO. OKAY. YEAH. THANK YOU. ANYONE ELSE? ALL RIGHT. UH, AND LIKE TO BRING THE SPEAKER BACK UP, THE CITIZEN THAT HAD SIGNED UP, SIR, IF YOU CAN COME BACK UP. FIRST OFF, LET ME APOLOGIZE TO YOU FOR SPEAKING UP ON THE WRONG THING, . THAT'S FINE. WE USUALLY DON'T HAVE TWO APPLICANTS THE SAME DAY I GAVE MY PAPER THAT YOU HAVE THE CASE NUMBER AND EVERYTHING TO THEIR, SO I, IT LOOKED LIKE THE SAME AT TIMES, SO I APOLOGIZE. BUT WE WERE AT, WHEN THE ZONING, WHEN WE MET THE CHANGE, WE WENT FROM WHATEVER THAT THING WAS TO ONE L MM-HMM. LIGHT UNDER DRILL. AND WE TOLD WE COULDN'T GO TO THE, I I BECAUSE IT DIDN'T WANT ANY MORE AUDIBLE THESE THINGS UP ALONG THEIR, ALONG THE HIGHWAY. AND SO THEN WE WENT AHEAD AND PURCHASED IT IN THE PIECE TO THE RIGHT THAT'S OPEN UP THERE. [02:25:01] RIGHT. WE CLEARED THAT OFF AND IN ANTICIPATION OF PUTTING IN LIKE A SMALL, UH, UTILITY FOR BUSINESSES THAT TO SUPPORT ALL AROUND TO ME A LITTLE, UH, SORT OF A LIKE A THOUSAND FOOT STRUCTURES PUT TOGETHER, LIKE A INDUSTRIAL FRONT FOR DIFFERENT THINGS. BUT IT WAS NOT, NOBODY HAS A PLAN YET. AND I BOUGHT IT AS A SPECULATION AND ONLY BECAUSE I WAS GUARANTEED THERE WOULDN'T BE ANY MORE AUTOMOTIVE THINGS. 'CAUSE I'M A LITTLE WORRIED ABOUT ALL THE TIME OIL SLICK COMING OUT AND WHEN THEY RECYCLE ANYTHING OR JUST DRAINED. UM, SO I WAS OPPOSED TO THE FENCE. I'M NOT OPPOSED TO IT A GOOD LOOKING FENCE. I COULD NOT IMAGINE, BUT I JUST WAS BECAUSE WE WERE ASSURED THAT THERE WOULD BE NO MORE AUTOMOTIVE EXPANSION THERE. AND THAT BLANKET YOU SEE THAT YOU WERE TALKING ABOUT THAT WASN'T THERE WHEN WE BOUGHT IT. SO THAT GOT PUT IN SOMETIME SINCE, UH, IN SEPTEMBER. OKAY. UH, STAFF, CAN YOU PUT AN AUTO SALVAGE, UH, OR A JUNKYARD ON AN L ZONING? NO, SIR. SO IT, BECAUSE IT'S ZONED L THEY CAN'T PUT A SALVAGE OR A JUNKYARD THERE. EXCUSE ME. WELL, BECAUSE IT'S ZONE L IT DOESN'T ALLOW A SALVAGE OR NO, MINE'S NOT IS, BUT I THINK HIS IS UH, HIS, YEAH, HIS IS ALSO L SIR, IT IS ALSO AN L. SO HE CANNOT DO THAT. NO. I THOUGHT IT WAS NOT ZONED L HE APPLIED. OH, IT'S ZONED OUT. THEY APPLIED FOR ONE. I NOT, IL WELL, WE'LL FIND OUT. LET'S HAVE THE APPLICANT COME BACK UP. UM, SIR, DID, DID YOU APPLY FOR A CHANGE OF ZONING TO SOMETHING OTHER THAN AN L? WE HAVE THE EXACT SAME ZONING THAT HE HAS. OKAY. WE ACTUALLY HAD IT DONE AT THE SAME TIME. OKAY. OKAY. SO THEY'RE BOTH ZONE L NOT SEPARATE THEN. I DID NOT. NO, THAT'S ALL RIGHT. THAT'S OKAY. THAT, THAT DAY THAT WE WERE THERE, YOU HAD IT FOR ONE EYE. NOT I, I'M BRINGING NEIGHBORS. NO, WE ACTUALLY, WE GOTTA APPROVED THE SAME TIME AND UH, 'CAUSE WE KNEW THERE WERE GONNA BE NEIGHBORS AND, UH RIGHT. YOU KNOW THIS, SO, SO LET'S HEAR, I WANNA HEAR BACK FROM THE, THE CITIZENS. SO FOR, FOR, THAT'S YOU SIR. SIR? UH, YEAH. SO NOW THAT YOU KNOW THAT THEY'RE ZONED, YEAH, I HAVE NO, AS LONG AS I CAN'T HAVE THAT, THAT'S FINE. OKAY. I DON'T HAVE OPPOSITION TO A GOOD LOOKING FENCE. ALRIGHT. THANK YOU SIR. ALRIGHT. COMMISSIONER ZUNA. YEAH, JUST A REMINDER THAT IF THIS VARIANCE WERE TO BE APPROVED, THAT THE APPLICANT WOULD HAVE TO CAP THE TOPS OF THE FENCE TO, TO AVOID THE ROUGH OF THE SHARP EDGES AND POSSIBLY THE BOTTOM. JUST, UH, AS A REQUIREMENT OF, OF, AND WHAT I WOULD LIKE TO HEAR IS YOU KIND OF AFFIRMATIVELY SAY THAT YOU WOULD CAP THE TOP AND THE BOTTOM OF THE FENCE. SO YES SIR. WHILE YOU'RE HERE, YOU CAN AMEND YOUR APPLICATION, YOU KNOW, TO INCLUDE CAPPING OKAY. OF CORRUGATED METAL. OKAY. TO HELP YOU WITH THOSE CONCERNS, ONCE WE GET THE ORDINANCE, WE'RE GONNA GO AHEAD AND APPLY FOR THE FENCE PERMIT AND WE'RE GONNA GO AHEAD, I THINK IT IS PART OF THE CODE TO DO THAT. SO WE'LL END UP DOING THAT AS WELL. YES SIR. IS THAT PART OF THE CODE? SO, SO THEY, THEY NEED, THEY DO NEED TO HAVE A REQUIREMENT OF A FENCE IF THEY ARE ZONED FOR USE AUTO PARTS RECYCLER. WHAT WE'RE TALKING ABOUT HERE IS A CORRUGATED METAL THAT'S, WE'RE NOT TALKING ABOUT THE REQUIREMENT OF FENCE, WE'RE JUST TALKING ABOUT THE CORRUGATED METAL. THAT'S ALL WE'RE TALKING ABOUT HERE. AND IF THEY APPROVE IT, YOU HAVE TO APPLY, GET THAT GOING WITHIN ONE YEAR. JUST YEAH. BUT, BUT WE, WHAT WE'RE APPROVING IS A USE OF CORRUGATED METAL. CORRECT? RIGHT. WHAT WE CAN'T DO IS SET CONDITIONS ON THE, ON HOW THAT SPECIFICALLY HAS TO LOOK. SO YOU HAVE AN OPPORTUNITY, UH, IF YOU WISH, UH, TO AMEND YOUR APPLICATION RIGHT NOW AT THE PODIUM TO INCLUDE, UM, CAPPING ON THE, ON THE TOP AND THE SIDES. DO WE NOT, AREN'T ISN'T THAT REQUIRED IN OUR, ON THE BUILDING PERMIT? WE IT'S NOT REQUIRED. I'M SORRY, ON THE FENCE. IT'S NOT, IT'S NOT MATERIALS. THERE IS NO REQUIREMENT FOR CORRUGATED TRANSPORT. YOU KNOW, IT'S NOT RIGHT. YOU'RE GONNA HAVE IT, IT'S GOTTA LOOK SIMILAR TO WHAT YOU HAVE ALREADY ON 85. SO WE'RE DOING, DO YOU WANNA PUT A CAP CAP? HOW, HOW DOES THAT WORK? THERE IS ANY PICTURE OF CAP? HOW CAN YOU SPEAK TO THE MIC SIR? IF YOU'RE GONNA SPEAK, PLEASE COME UP HERE. STATE YOUR NAME. MY NAME IS TONY IAN AND WE DON'T, WE DON'T HAVE A, A SPEC PER SE ON WHAT [02:30:01] CAPPING IS. THE CONCERN IS THAT THERE'S NOT EXPOSED, UH, POTENTIALLY SHARP PIECES OF METAL ON, ON THE EDGE EDGES. YES, I CAN DO THAT. THAT'S NOT A PROBLEM. OKAY. SO DO YOU, SO YOU'RE AMENDING YOUR APPLICATION TO INCLUDE SOME SORT OF EDGE PROTECTION, UH, CAPPING OF SOME SORT ON THE CORRUGATED METAL? SURE. YES. OKAY, I WILL DO THAT. ALRIGHT, WELL THANK YOU VERY MUCH. THANK YOU. SO WITH THAT IS ANYONE LIKE TO MAKE A MOTION? BRAGMAN COMMISSIONER BRAGMAN REGARDING CASE NUMBER BO A DASH 24 DASH 0 3 0 0 0 87 MOVE THE BOARD OF ADJUSTMENT GRANTER REQUESTS FOR A VARIANCE FROM THE FENCE MATERIALS TO ALLOW FOR A CORRUGATED METAL FENCE WITH CAPS ON THE PROPERTY GENERALLY LOCATED IN THE 9,600 BLOCK OF SOUTH IH 35, APPLICANT BEING TONY BOOK CANYON. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIPS. SPECIFICALLY WE FIND THAT ONE THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST IN THE CASE OF DEFENSE WILL PROVIDE CONDITIONS. I THINK, I THINK YOUR MIC IS OFF MA'AM. UM, THE APPROVAL OF A CORRUGATED METAL DEFENSE ON THE PROPERTY WILL PROVIDE S UH, THE DURABILITY, SECURITY AND SAFETY NEEDED TO PROTECT THE PROPERTY. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE USES ALLOWED WITHIN DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE GRANTING OF THE VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED AS THE USE OF CORRUGATED METAL FENCING CAN BE FOUND THROUGHOUT THE SURROUNDING AREA. SIX. THE P OF THE OWNER OF THE PROPERTY, WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL. THEY'RE NOT DUE TO OR THE RESULT OF THE GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE P OF THE OWNER OF THE PROPERTY WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS PROXIMITY TO HIGH TRAFFIC EXPRESSWAY AND NEED TO PROVIDE THE NECESSARY SAFETY AND PRIVACY SCREENING FOR AUTOMOTIVE AND METAL RECYCLING USE. AND OF MOTION. IS THERE A SECOND SEC? UH, SECOND BY COMMISSIONER BENAVIDEZ. SECOND. SECOND. ALL RIGHT. COMMISSIONER BRAGMAN? UH, YEAH I'LL BE IN SUPPORT OF THE MOTION FOR THE VERY SAME REASONS THAT I INDICATED, UH, WITH THE PREVIOUS CASE. UH, TO PROVIDE SAFETY AND SECURITY, NOT JUST FOR THE OWNER BUT FOR THE UH, PROPERTY OWNERS, UM, AROUND UH, THE AREA AS WELL. SO I'LL BE IN SUPPORT. ALRIGHT, COMMISSIONER BEEZ. I AGREE WITH MY COLLEAGUE FOR THE SAME REASONS. ANY OTHER COMMISSIONERS LIKE TO ADD HEARING NONE. HAVE ROLL CALL, VOTE PLEASE. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER OZUNA I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. UH, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. ALL RIGHT, THANK YOU. ALL RIGHT. IS THE APPLICANT FOR ITEM 6 9 8 59 CANTON STREET HERE, SIR? 8 59 CANTON STREET IS THE APPLICANT IN THE GALLERY. OKAY. UH, SO I GUESS WE'RE GONNA GO ON TO NUMBER EIGHT. I GOT IT. OH, I DIDN'T, OH GOOD. OKAY. UM, J UM, CHAIR. SORRY. YES. BEFORE YOU START THE NEXT CASE, I NEED TO STEP OUT FOR A LITTLE BIT. YOU WANT MR. VASQUEZ OVER HERE? YES, PLEASE. ALL RIGHT. UH, LET THE RECORD SHOW AT 3 48. COMMISSIONER VASQUEZ HAS UH, STEPPED IN FOR COMMISSIONER CRUZ. ITEM NUMBER EIGHT, BO OA 2 4 1 0 3 0 0 0 8 6. [02:35:01] ADDRESS 2 1 1 NORTH POLARIS COUNCIL DISTRICT TWO APPLICANT JARED BARFIELD. A REQUEST A REQUEST FOR ONE A 1,816 SQUARE FOOT VARIANCE FROM THE MINIMUM LOT SIZE REQUIREMENT OF 4,000 SQUARE FOOT TO ALLOW A 2,184 SQUARE FOOT LOT TO A 15 FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW A FIVE FOOT REAR SETBACK. THREE. A 15 FOOT VARIANCE FROM THE MINIMUM 20 FOOT GARAGE SETBACK TO ALLOW A GARAGE TO BE FIVE FOOT FROM THE FRONT PROPERTY LINE AND FOUR A HALF STORY VARIANCE FROM THE MAXIMUM TWO AND A HALF STORIES TO ALLOW THREE STORY STRUCTURE. THE ZONING IS R FOUR. THIS SUBJECT PROPERTY IS LOCATED ALONG NORTH POLARIS STREET, EAST OF NORTH NEW BRAUNFELS AVENUE, LOCATED WITHIN THE JEFFERSON HEIGHTS NEIGHBORHOOD ASSOCIATION. THE PROPERTY IS A VACANT LOT. THE BOARD OF ADJUSTMENT PREVIOUSLY APPROVED A ONE THOUSAND ONE HUNDRED ONE THOUSAND EIGHT HUNDRED SIXTEEN SQUARE FOOT VARIANCE FROM THE MINIMUM LOT SIZE. A 10 FEET VARIANCE FROM TO THE MINIMUM REAR SETBACK AND A 10 FEET VARIANCE TO THE GARAGE FRONT SETBACK ON SEPTEMBER 21ST, 2020. WITH THAT BOA CASE NUMBER, THE APPLICANT DID NOT GET THE BUILDING PERMITS WITHIN 12 MONTHS OF BEING GRANTED THE VARIANCES AND IS REQUESTING VARIANCES AGAIN WITH MODIFICATIONS AND ADDITIONAL REQUEST TO COMMENCE CONSTRUCTION ON THE VACANT LOT. HE'S A SITE PLAN. SUBJECT PROPERTY SURROUNDING AREA. STAFF RECOMMENDATION ON A LOT SIZE, MINIMUM REAR SETBACK, GARAGE FRONT SETBACK AND HALF STORY VARIANCES. STAFF RECOMMENDS DENIAL AND BO OA 24 1 0 3 0 0 0 8 6 BASED ON THE FOLLOWING FINDINGS OF FACT, THE VARIANCES WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. STAFF FOUND NO PROPERTY, OTHER PROPERTIES IN THE IMMEDIATE VICINITY REQUIRING OR EXHIBITING THE DEGREE OF VARIANCES REQUESTED AND DEVELOPMENT WOULD BENEFIT FROM REZONING INTO A SUITABLE BASE ZONING DISTRICT. WE MAILED OUT 29 NOTICES RECEIVED ZERO IN FAVOR, ZERO IN OPPOSITION AND JEFFERSON HEIGHTS NEIGHBORHOOD ASSOCIATION DID NOT RESPOND AND IN PUBLIC COMMENT. AND THIS CONCLUDES STAFF PRESENTATION AND THE APPLICANT IS PRESENT. ALRIGHT IS HAVE THE APPLICANT COME FORWARD. HOW YOU DOING? PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. JARED BARFIELD HERE. UM, THAT PROPERTY SMALLER LOT, AS YOU CAN SEE IT'S NONCONFORMING. WE, BEFORE WE ACTUALLY WENT TO BUILD OR CONSIDER WHAT WE'RE GONNA BUILD IN THAT LOT, WE ACTUALLY SPOKE WITH A COUPLE PEOPLE WITHIN THE NEIGHBORHOOD. SO THE LADY RIGHT IN FRONT OF US, UM, HER NAME'S BETH. SHE'S THE ONE THAT HAS THE, UH, YOU'LL SEE IN HER YARD. IT'S A BUNCH OF, UM, FLOWERS, REALLY NICE GARDEN. UM, ADDITIONALLY THE OTHER INDIVIDUAL, ANTOINE WHITE, HE'S ACTUALLY A LITTLE BIT OF A QUARTER MILE FROM THE SAME LOCATION. WE SPOKE WITH HIM AS WELL. I ACTUALLY KNOW HIM PERSONALLY. AND WHAT, BY TALKING TO PEOPLE IN THE NEIGHBORHOOD AND SEEING WHAT SOME OF THE OTHER BUILDINGS ACTUALLY WENT UP, WE KIND OF NOTICED THAT ONE OF THE BIGGEST THINGS THAT THE PEOPLE ARE KIND OF CONCERNED ABOUT IS THE SAFETY. IF YOU'VE BEEN AROUND THE AREA, YOU KIND OF UNDERSTAND WHY THAT'S THE CASE. SO IT'S ACTUALLY COST EFFECTIVE TO ONLY DO THE TWO STORY. BUT WITH SAFETY BEING THE NUMBER ONE CONCERN, IT'S ADVANTAGEOUS FOR THE WHOEVER THE BUYER IS TO ACTUALLY HAVE THE FIRST FLOOR BE LIKE JUST YOUR GARAGE. THEY GO INTO A GARAGE WHERE THEY DO FEEL SAFER ON THEIR FIRST FLOOR WHEN THEY'RE LOOKING. YOU'RE ACTUALLY LOOKING FROM THAT. THE SECOND FLOOR, YOU'RE JUST LOOKING OUT. YOU'RE NOT SEEING A BUNCH OF PEOPLE WALKING DOWN THE STREET A LOT. IF YOU SIT ON THAT STREET AND ACTUALLY SIT THERE FOR A WHILE AND YOU SEE EVERYONE WALKING, I DO UNDERSTAND WHY SOMEONE WOULD BE A LITTLE HESITANT TO PICK THAT SPECIFIC LOCATION. SO WITH THAT IN MIND, WE DECIDED IT'S PROBABLY BEST TO PROCEED WITH THE, UM, SOME OF THE VARIANT REQUESTS FROM THE PERSON WHO OWNED IT BEFORE. WHICH IS WHY THE THREE STORY BUILDING CAME INTO, CAME INTO QUESTION. SO WE LOOK INTO THE THREE STORY, IT'S FINE. THE REASON THAT THE POSITIONING OF THE BUILDING, WHAT WE'RE LOOKING AT IS TILTED TO THE LEFT OF THE PROPERTY IS 'CAUSE THERE'S A TREE ON THE RIGHT SIDE THAT WE WOULD PERSONALLY LIKE TO KEEP IF AT ALL POSSIBLE WHEN YOU'RE GOING UP, OF COURSE THAT CAN ALTER THE, THE LOOK OF THE AESTHETIC OF THE NEIGHBORHOOD, RIGHT? SO WE WANT TO THE BEST OF OUR ABILITY TO KEEP THE AESTHETIC AND HAVE IT BLEND IN WITH THE REST OF THE PROPERTY. SO IN ORDER TO DO THAT, WE KIND OF WANT TO KEEP THAT TREE THAT'S ON THAT LEFT SIDE. THERE'S ANOTHER BIG ONE THAT'S ON THE RIGHT SIDE AS WELL. MEANING THE ONLY ONE WE WOULD HAVE TO GET RID OF IS THE ONE THAT'S CLOSER TO THE BACK. AND NO MATTER WHAT, IF WE MOVE THAT MOVE THE PROJECT OVER TO THE [02:40:01] MIDDLE OF THAT LOT, WE'D HAVE TO GET RID OF ALMOST ALL THE TREES, WHICH AESTHETICALLY THEN IT WILL STICK OUT LIKE A SORE THUMB. ESPECIALLY IN COMPARISON TO THE REST OF THE, UH, THE PROPERTIES. SO WE WERE HOPING THAT THROUGH WITH THAT, SINCE WE'RE GOING UP THREE STORIES, THE ONE ON THE LEFT SIDE, WHICH YOU CAN SEE FROM THIS, THE LEFT SIDE TREE WILL STAY UP THE RIGHT SIDE. WE WOULD JUST HAVE TO JUST MAYBE TRIM IT A LITTLE BIT. AND THEN THE ONLY TREE WE WOULD GET BACK IS THERE'S ONE IN THE BACK. IT'S SMALLER. OH, THANK YOU. OH, EXCUSE ME. YOU CAN KIND OF SEE THIS ONE IN THE BACK. THAT ONE WE'D HAVE TO GET RID OF NO MATTER WHAT. THIS ONE IS ACTUALLY A LITTLE BIT, UM, IT'S A LITTLE LENGTHY. WE WANT TO KEEP THAT, WE WANNA MAKE SURE THAT THE PERSON BEHIND THIS, OR I GUESS TO THE SIDE OF US, THE TREE IS BLOCKING ALL THE, ANYTHING THAT THEY WOULD BE LOOKING AT ANYWAY. WE WANT TO KEEP THAT. WE WON'T WANT THEM TO LOOK AND SEE OUR BIG OLD BUILDING NEXT TO THEM . SO WE WANT THAT AESTHETIC TO STAY THERE AND NOT ALTER TO A LARGE DEGREE THE NEIGHBORHOOD. THE OTHER VARIANCE, UM, THAT WE WERE LOOKING AT FOR, BECAUSE WE'RE DOING THE GARAGE, WE WANT THE GARAGE TO BE FIRST FLOOR, THE FIVE FOOT, UM, INSTEAD OF THE 10 FOOT VARIANCE, THE FIVE FOOT. 'CAUSE THAT LOT IS SMALL. UM, IT HAS TO BE REPLANTED. SO I KNOW I THINK ONE OF THE FIRST SLIDES YOU SAW, IT SHOWED LIKE THE WHOLE ENTIRE THING. WELL THAT'S NOT THE CASE. IF YOU'LL, THERE'S A NEIGHBOR OVER HERE. YOU GUYS OBVIOUSLY SEE THIS NEIGHBOR OVER HERE. SO THAT LOT IS TINY EVEN THOUGH IT'S ACTUALLY ZONED RM FOUR, I THINK IT'S LIKE 21 SQUARE FEET OR SOMETHING LIKE THAT. SO YEAH, THAT, THAT'S AN ACTUALLY ACCURATE OF THE ACTUAL SIZE THAT WE'RE LOOKING AT THAT LOT RIGHT NOW. SO THAT'S THE REASON FOR THE SPECIFIC VARIANCES THAT WE'RE REQUESTING. WE DID SLIGHTLY, AGAIN, YOU GUYS DID APPROVE VARIANCES ON THE PREVIOUS OWNER. WE JUST ALTERED IT A LITTLE BIT AFTER WE HAD SPOKE WITH SOME OF THE PEOPLE IN THE NEIGHBORHOOD. SO, AND THEN WE DIDN'T DO MAJOR ALTERATIONS. THE BIGGEST THING THAT WE DID IS DUE TO THE SIZE OF, DUE TO THE SIZE OF THE LOT, WE DIRECTLY WANT TO KEEP THE TREE, ESPECIALLY AFTER SPEAKING WITH BETH. AND THEN, UM, THE TREE THING WAS THE BIG DEAL. WE DON'T WANNA GET RID OF THIS THAT WE DON'T WANT A THREE STORY BUILDING TO LIKE JUST STICK OUT 'CAUSE IT WILL LOOK LIKE A SORE THUMB AND I DON'T WANT TO PUT SOMETHING THERE THAT I PERSONALLY WOULDN'T LIVE IN MYSELF. AND THAT'S IT FOR THAT PIECE. OKAY. WELL, UH, MANNA COMMISSIONER MANNA. SO, UM, SO, SO TRYING TO, SO, SO THE DIFFERENCE BETWEEN THIS, UH, REQUEST AND THE ONE THAT WAS PREVIOUSLY APPROVED MM-HMM. , UM, IS THE ADDITION OF THE STORY, UH, OF THE CHANGE FROM A TWO AND A HALF TO A THREE STORY BUILDING? IS THAT, IS THAT CORRECT? YES. WHICH IS WHAT I THINK HE DID THE TWO STORY, THE GENTLEMAN WHO HAD IT BEFORE ME MM-HMM. . HE DID THE TWO AND A HALF AND HIS VARIANCE WAS A LITTLE BIT SHORTER. HIS PROPERTY THOUGH WAS HE WAS DOING IT RIGHT IN THE MIDDLE. SO HE WAS GETTING RID OF ALL THE TREES. IT WAS, UH, AND HE, WE GRANTED ONE FOR A 10 FOOT GARAGE SETBACK. HE'S ASKING FOR FIVE MM-HMM. . YEAH. AND, AND JUST WHY IS IT LARGER, I THINK TOO? WELL, WHAT HAPPENS IS, IS THAT THERE'S NO ESTABLISHED SIDEWALK ON THAT ROAD. MM-HMM. . AND SO WITH THE, WITH THE 10 FOOT AND WITH SOME OF THE RIGHT OF WAY, YOU'RE NOT GETTING INTO THE STREET IF YOU ONLY HAVE A FIVE FOOT. THAT WAS PART OF THE CONFLICT. RIGHT. SO, AND ADDITIONALLY, UM, IT WAS GRANTED A 10 FOOT REAR SETBACK AND HE'S ASKING FOR A FIVE, FIVE FOOT OR SO. YEAH. SO, SO IT SEEMS LIKE THE FOOTPRINT CHANGED QUITE A BIT ON THIS, ON THIS PIECE OF PROPERTY. SO YES, YES, YES. HIS WAS LARGE. I THINK OUR BUILD'S A LITTLE BIT, SIZE WISE, A LITTLE BIT LARGER THAN HIS. UM, THE GENTLEMAN WHO OWNED IT BEFORE, WE HAD HIS PLANS TOO, SO WE DID OUR DUE DILIGENCE TO SEE WHAT HE WAS BUILDING BEFORE. AND IT'S SIMILAR, BUT THE WAY THE STRUCTURE IS, I THINK HIS WAS, UH, HIS WIDTH WAS A LITTLE WIDER THAN OURS, WHICH WE'RE, IF WE CAN, WE'RE TRYING TO AVOID EXP EXTENDING THAT WIDTH OUT IF WE CAN. OKAY. DEAN, COMMISSIONER, DEAN A UH, CHAIR. DOES THIS REQUIRE A ELEVATOR OR, UH, JUST TRYING TO UNDERSTAND A LITTLE BIT OF THE CONCEPT. NO, IT DOES NOT. YEAH, IT WON'T, IT WON'T, WELL IT'S FIRE SPRINKLERS TOO, OR, UH, WELL, IF THE BUILDING GOES OVER 30 FEET, UH, YOU HAVE TO, YOU KNOW, YOU HAVE TO HAVE A, UM, AERIAL APPARATUS LANE, WHICH WOULD MEAN THE FACADE OF YOUR BUILDING WOULD HAVE TO BE SOMEWHERE BETWEEN 14 AND 31 FEET FROM THE EDGE OF ASPHALT. UH, OR IF YOU, THERE'S A SPRINKLER SYSTEM THAT YOU CAN PUT IN A RESIDENTIAL, UH, SPRINKLER SYSTEM THAT THEY CAN ACTUALLY USE YOUR WATER METER TO ACCOMPLISH THAT. BUT THAT'LL GO THROUGH THE PERMITTING PROCESS IF THEY DO THAT. BUT, AND THAT WOULD HAVE TO, BUT I'M, CORRECT ME IF I'M WRONG, BUT I THOUGHT THAT WAS ON ONLY IF IT GOES OVER THE 30 FEET, RIGHT? THAT'S CORRECT. OKAY. SO IT IS POSSIBLE TO DO A THREE STORY IF YOU HAVE REALLY LOW CEILINGS WHEN YOU INCLUDE THE DECKING AND ALL THAT GOOD STUFF. BUT THERE'LL BE PRETTY LOW CEILINGS. UM, OKAY. WELL, [02:45:01] I MEAN, MY, MY, MY QUESTION TO YOU IS, IS, YOU KNOW, I AM CONCERNED ABOUT, UH, THE FRONT AND, BUT YOU ARE DOING A TWO CAR GARAGE. I DON'T RECALL IF THE PREVIOUS APPLICATION WAS, WAS RE WAS PROPOSING A TWO CAR GARAGE. IS THAT, ARE YOU I THINK, I THINK THEY HAD ONE. UM, OR WAS ONE IN A, ALMOST LIKE A TANDEM. JUST A REALLY LARGE, LARGE ONE. OKAY. AND, UM, DEAN, COMMISSIONER DEAN, THIS IS A SINGLE FAMILY, RIGHT? NOT, UH, UNITS OR, UH, NO, IT'S A SINGLE FAMILY. THE, UM, RIGHT NOW THE PROPOSED PLANS, THE PRELIMINARY PLANS THAT I KIND OF HAVE DRAWN UP, IT'S, ALTHOUGH THE FOOTPRINT'S KIND OF LARGE, IT'S REALLY ONLY TWO, UM, BEDROOMS, JUST KIND OF LARGE BEDROOMS. THE PREVIOUS, UH, SITE PLAN SHOWED A ONE CAR GARAGE. AND, AND THE, WHAT IS A LIVING SPACE, THE, THE AIR CONDITIONED SPACE OF, OF YOURS BECAUSE, YOU KNOW, THIS IS VERY SMALL. YEAH. R FOUR OF THE HOMES AREN'T TYPICALLY VERY BIG. WHAT, WHAT SORT OF LIVING SPACE ARE YOU TRYING TO SHOOT FOR? SO WE'RE STILL HAVING THAT CONVERSATION WITH THE, UH, WITH THE ARCHITECT, ARCHITECT RIGHT NOW IT'S NOT, IT'S NOT, WE'RE TRYING TO ACCOUNT FOR THAT BECAUSE IT, WITH, WITH WHAT WE HAVE DRAWN UP RIGHT NOW, UM, IT'S A LITTLE TIGHT , YOU COULD SAY IT'S A LITTLE TIGHT. UM, HE DOES FEEL LIKE IT'S GONNA WORK, BUT HE'S STILL PLAYING WITH IT. UM, PHIL'S STILL WORKING WITH THIS RIGHT NOW IN THAT PIECE. OKAY. MANANA COMMISSIONER MANANA. SO, SO I DO HAVE A QUESTION REGARDING, I MEAN, SO THE HALF STORY, YOU KNOW, MORE, I I AM, I DO HAVE SOME QUALMS OR, OR QUESTIONS REGARDING THAT. AND SO I GUESS, YOU KNOW, BY NOT HAVING AN EXTRA STORY, HOW DOES THAT CHANGE, YOU KNOW, POTENTIALLY, YOU KNOW, HOW YOU COULD LEVERAGE THAT PROPERTY? SO IN FULL TRANSPARENCY, I I DON'T WANNA SAY IT'S A DEAL BREAKER, RIGHT? WE CAN MANAGE WHATEVER IS NECESSARY. WE JUST, OUR FIRST MINDSET WHEN COMING WITH THE BUILD, WE WERE THINKING ABOUT THE PEOPLE WHO ARE ACTUALLY BUYING IN THE NEIGHBORHOOD. UM, THE, THE NEIGHBORHOOD IS GOING THROUGH A BIT OF CHANGES, RIGHT? YOU KNOW, I KNOW ONE OF THE QUESTIONS THAT THEY ASK IS, HEY, ARE YOU CHANGING THE TEXTURE OR THE CHARACTER OF THE NEIGHBORHOOD? AND TO BE REALLY FRANK, TO A CERTAIN DEGREE, YES. RIGHT NOW I DROVE BACK, I DROVE PAST MY LOT AND SOMEONE'S TRASHED IT ALREADY. I PERSONALLY DON'T LIKE THAT. YOU KNOW, I DON'T THINK ANYBODY IN THEY'RE BEING TRANSPARENT WITH THEMSELVES, WOULD LIKE ANYONE TRASHING SOMETHING THAT THEY, YOU KNOW, THEY PURCHASED OR PUT SOME HARD WORK INTO. AND THAT'S WHAT EQUITY WITH THAT I GO OUT AND CLEAN THAT MYSELF. I'M NOT HIRING ANYBODY TO GO CLEAN THAT. I THINK THERE'S A NEIGHBOR BEHIND, UH, TWO HOUSES DOWN BEHIND US. HE COMES AND HELPS IT, BUT HE, UM, HE DOESN'T CLEAN IT. BUT IF I NEED SOMEONE TO LIKE MOW IT, HE'D COME AND MOW IT OR SOMETHING LIKE THAT. I DO TO A CERTAIN DEGREE WANT TO CHANGE THE CHARACTER, NOT THE CHARACTER IN A WAY THAT'S GONNA LIKE, TAKE AWAY FROM THE NEIGHBORHOOD. BUT I DO WANT IT TO HAVE, I WANT PEOPLE TO TAKE PRIDE IN WHAT WE HAVE THERE. SO IT'S GONNA CHANGE IT TO SOME DEGREE, BUT THAT'S, IT WAS PREDICATED ON THE PEOPLE THAT ARE COMING IN THERE THAT WOULD FEEL COMFORTABLE AND SAFE THERE. WHILE THIS TRANSITIONING IS TAKING PLACE, ARE YOU AWARE OF ANY OTHER THREE STORY, UH, STRUCTURES IN THAT AREA? 'CAUSE I, I DON'T SEE ANY GOOGLE ARRIVING, SO I DON'T SEE ANY ONLY, ONLY TWO AND A HALF. THERE'S SOME ON GIBBS THAT LOOK LIKE THEY'RE THREE STORY, BUT THEY'RE NOT ACTUALLY THREE STORY. IF YOU GO INSIDE OF THEM, UH, YOU GOT THE FIRST FLOOR, IT'S A PRETTY BIG FIRST FLOOR, BUT THE SECOND FLOOR, THE, IT TILTS LIKE THIS. SO IT LOOKS LIKE IT'S THREE STORIES FROM THE FRONT, BUT THEY'RE NOT REALLY THREE STORIES. COMMISSIONER BEEZ, DID YOU, UM, MAKE THE H HOME, UM, NOT AS WIDE IN ORDER TO SALVAGE THE TREES? IS THAT THE REASON FROM THE ORIGINAL? YES. THE LINE THAT WAS, UH, YEAH, WE WERE IF AT ALL POSSIBLE. I, I PERSONALLY THINK WE NEED TO KEEP THAT TREE IF AT ALL POSSIBLE. LIKE THERE'S OBVIOUSLY, THERE'S NO GUARANTEE, LIKE ONE PART OF IT, UM, ACTUALLY FELL DOWN. THE OTHER PART, WE CAN STILL KEEP, IF WE, IF I EXTEND THE WIDTH, THERE'S A VERY HIGH CHANCE THAT WE WILL NEED TO GET RID OF THAT TREE. MM-HMM. . UM, AND I CAN TELL JUST SPEAKING WITH BETH, SHE WANTS TO KEEP AS MANY TREES UP AS POSSIBLE. OKAY. WHAT IS THE DISTANCE FROM THE FACE, FROM THE CURB LINE TO THAT UH, UH, CHAIN LEAK FENCE THAT RUNS ACROSS THE FRONT? I THINK LIKE, IT'S LIKE FIVE OR SIX FEET. THAT'S IT. YEAH. IT DOESN'T, IT LOOKS LARGE RIGHT HERE, BUT WHEN YOU GO WALK IT, IT FEELS A LITTLE, A LITTLE CLOSER. OKAY. BRAGMAN COMMISSIONER BRAGMAN. SO, UM, GOING BACK TO THE IDEA OF KEEPING THAT TREE THAT'S ON THE RIGHT SIDE OF THE, OF THE PROPERTY, HOW MUCH SPACE THEN DOES THAT GIVE YOU FROM THE RIGHT EDGE OF THE PROPERTY TO, SORRY, THE RIGHT EDGE OF THE STRUCTURE TO THE PROPERTY LINE? SO ON THE, ON THE EAST SIDE TO SETBACK, [02:50:02] I THINK RIGHT NOW, BASED ON THE PLANS WHERE IT'S LIKE 23 FEET, SO 23 FEET FROM 22, THE EAST SIDE STRUCTURE TO THE EAST SIDE, THE FENCE SIDE, PROPERTY LINE, THE FENCE. MM-HMM. . OKAY. SO THAT WOULD MAKE UP FOR NOT REALLY HAVING A, A REAR YARD, RIGHT? RIGHT, RIGHT. THAT'S THE, THAT'S THE, THAT'S WHAT WE WERE AIMING FOR. OKAY. THANK YOU. ALRIGHT, ANYONE ELSE? IS THERE ANYONE TIME TO SPEAK ANY VOICEMAILS? YEAH, ONE VOICEMAIL. ALL RIGHT, LET'S HEAR IT WITH JEFFERSON HEIGHTS NEIGHBORHOOD ASSOCIATION. UM, I'M CALLING ABOUT, UH, CASE NUMBER, UH, BO, A 2 4 1 0 3 0 0 0 8 6. AND I'M CALLING TO VOICE OUR SUPPORT FOR THEIR, UH, THEIR REQUEST. THANK YOU VERY MUCH. BYE. THAT'S ALL THE PUBLIC COMMENTS. ALRIGHT, THANK YOU VERY MUCH. IF THERE'S NOTHING ELSE, I'M LOOKING FOR A MOTION. THANK YOU. I'LL MAKE IT RAGMAN. REGARDING CASE NUMBER BO OA DASH 24 DASH 0 3 86. A MOVE THROUGH THE BOARD OF ADJUSTMENT GRANT REQUEST FOR ONE AND 1800 1816 SQUARE FOOT VARIANCE FROM THE MINIMUM LOT SIZE REQUIREMENT OF 4,000 SQUARE FEET TO ALLOW A 2000, UH, 184 SQUARE FOOT LOT TO A 15 FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW A FIVE FOOT REAR SETBACK. THREE A 15 FOOT VARIANCE FROM THE MINIMUM 20 FOOT GARAGE. SIT BACK TO ALLOW GARAGE TO BE FIVE FOOT FROM THE FRONT PROPERTY LINE AND FOUR A HALF STORY VARIANCE FROM THE MAXIMUM TWO AND A HALF STORIES TO ALLOW A THREE STORY STRUCTURE SITUATED AT 2 1 1 NORTH POLARIS. APPLICANT BEING JARED BARFIELD BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY AS SUCH THAT LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST, AS THE VARIANCES WILL STILL LEAD SUFFICIENT SPACE FROM OTHER RESIDENTIAL PROPERTIES AS NOT OUT OF CHARACTER FOR THE AREA IN WHICH THE PROPERTY IS LOCATED. 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 UNNECESSARY HARDSHIP AS THE PROPERTY DOES NOT CONTAIN SUFFICIENT SPACE FOR THE PROPOSED DEVELOPMENT. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND THE SUBSTANTIAL JUSTICE WILL BE DONE. THE VARIANCE WOULD OBSERVE THE SPIRIT OF THE ORDINANCE AS ADEQUATE SPACE REMAINS FROM OTHER RESIDENTIAL LOTS. THE STRUCTURE WILL NOT IMPOSE THIS ON SURROUNDING PROPERTIES. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE PRO OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REQUESTED VARIANCES WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS SUFFICIENT DISTANCE REMAINS IN THE SETBACKS. THE DEVELOPMENT OF THE LOT WITH THESE VARIANCES WOULD NOT BE OUT OF CHARACTER FOR THE DISTRICT. UH, THE PROPERTY IS LOCATED WITH THEM. SIX, THE PLIGHT TO THE OWNER OF THE PROPERTY OF WHICH VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL OR NOT DUE TO THE RESULT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY'S LOCATED. THE VARIANCES ARE, ARE SOUGHT DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE SIZE OF THE LOT, WHICH PREVENTS ADEQUATE DEVELOPMENT OF A HOME. END OF MOTION. SECOND. SECOND BY COMMISSIONER MANA. ALRIGHT, UM, COMMISSIONER BRAGMAN. UM, SO I'M GONNA BE IN SUPPORT OF THIS MOTION FOR A NUMBER OF REASONS. UH, ONE, UH, THE APPLICANT HAS ALREADY TESTIFIED THAT THAT PROPERTY, UH, WAS VACANT, UH, BEFORE, 'CAUSE HE PURCHASED IT FROM, UH, ANOTHER DEVELOPER WHO WAS LOOKING TO, UM, BUILD A PROPERTY THERE. TWO, UM, WE ARE IN A HOUSING CRUNCH IN TERMS OF, UM, AVAILABILITY. UM, AND SO, UH, I, I'D LIKE TO SEE SOMETHING USEFUL MADE OF THAT LOT. UM, AND, YOU KNOW, IT'S JUST UNFORTUNATE THE SIZE OF THE LOT. THERE'S REALLY NOT A LOT THAT CAN BE DONE THAT MAKES, UH, FINANCIAL SENSE, UM, TO BUILD ON. SO I'LL BE IN SUPPORT OF THE MOTION COMMISSIONER MANNA. UM, YEAH, SO I, I AGREE WITH MY COLLEAGUE. UM, YEAH, I, I DID HAVE A, I GUESS A CHALLENGE WITH [02:55:01] REGARDS TO THE HALF STORY DIALOGUE. UH, BUT BECAUSE THE NEIGHBORHOOD ASSOCIATION WEIGHED IN AND, AND YOU KNOW, THEY'RE APPROVING THIS, I'M GONNA AGREE WITH THE NEIGHBORHOOD ASSOCIATION THAT THEY'VE DETERMINED WHAT THEY, YOU KNOW, HOW THEY WANT THIS AREA DEVELOPED. OKAY. ANYONE ELSE LIKE TO ADD? HEY, DEAN, COMMISSIONER, DEAN. I'M IN SUPPORT OF IT. UH, JUST ONE KIND OF MINOR QUESTION. IS THERE A POWER LINE ABOVE OR, UH, THERE IS SINGLE PHASE THAT RUNS DOWN NORTH POLARIS AND THERE SEEMS TO BE A NUMBER OF PHONE LINES THAT RUN THERE AS WELL. UM, SO YEAH, THAT'S, THAT'S WHAT'S GOING ON THERE. I, YEAH. IS THAT A CONCERN? JUST, IT'S A CONCERN TO ME. I, I'M, I'M OPPOSED TO THE THREE STORIES. I, I MEAN, I, I, UH, I'VE DONE, I'VE DONE SOME OF THESE SUPER SMALL LOT STUFF BEFORE AND, AND IF YOU GO TOO TALL, IT'S TOO HARD TO MAINTAIN IT BECAUSE OF BURDEN TO THE NEIGHBORS. AND, UH, THE OTHER ISSUE I, I HAVE IS THAT IF, IF, IF YOU PUT ENOUGH ROOM BETWEEN A GARAGE AND THE STREET, PEOPLE WILL TRY TO PARK THERE AND YOU KNOW, YOU DON'T WANT 'EM STICKING OUT THE BACK. SO MAYBE BY BEING FIVE FEET, YOU KNOW, IT'S, IT'S, NO ONE WILL TRY TO PARK THERE. MAYBE THAT'S, THAT MADE ME FEEL A LITTLE BETTER ABOUT IT. UM, BUT THE SETBACK IN THE REAR KIND OF BUGS ME A BIT. FIVE IS REALLY SHORT. I MEAN, I LIKE, I MEAN, WE WENT DOWN TO 10 LAST TIME. I COULD LIVE WITH SEVEN MAYBE, BUT IT JUST, I DON'T KNOW. I'M LOOKING FOR SOMEONE ELSE TO CHIME IN BEFORE I, INSTEAD OF ME BEING THE ONLY ONE, HEY, I'LL, UH, ACCEPT THOSE AMENDMENTS. UH, MAN, I, YOU'VE TALKED ME OUTTA SOME OF MY . YOU MADE ME GUN SHY HERE, SO, SO I'M KIND OF BACKING OUT A LITTLE BIT WITH REGARDS TO THE, THE STORY. SO I DO AGREE WITH THAT POSITION. OKAY. SO, SO I WAS ON THE FENCE ABOUT THAT. SO I OFFER A FRIENDLY AMENDMENT TO REMOVE, UH, THE THIRD STORY COMPONENT. UH, I OFFER ALSO OFFER A FRIENDLY AMENDMENT TO DROP THE REAR SETBACK, UH, TO A SEVEN FOOT SETBACK ACCEPTED. ALRIGHT, UH, IS THE SECOND ACCEPTED. OKAY, SO NOW THE MOTION IS IS, UH, FOR, FOR ITEM ONE, IT'S, IT IS A, UH, THE SQUARE FOOTAGE FOOTAGE REDUCTION NUMBER TWO, THE, THE VARIANCE REGARDING THE GARAGE SETBACK STAYS. NUMBER THREE, THE 15 FOOT VARIANCE, UH, UH, THAT'S FOR THE GARAGE SETBACK STAYS. A REAR SETBACK IS GONNA BE A 13 FOOT VARIANCE TO GET IT TO SEVEN FEET. AND THEN THE THIRD STORY IS REMOVED. SO I WOULD ASK IS, IS THERE A WAY TO BRING THE APPLICANT FORWARD AND SEE IF THE TWO AND A HALF STORY, UM, EXISTING, UH, VARIANCE EXISTING CONDITION WOULD WORK FOR HIM? OR I JUST, HE STATED IN HIS, UH, TESTIMONY THAT IT WOULD, OR THAT HE COULD WORK WITH IT. OKAY, THANK YOU. ALL RIGHT. SO IF THERE'S NOTHING ELSE, LET'S HAVE A UH, ROLL CALL VOTE. COMMISSIONER BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARDEN? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER IMAN? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE MOTION AS AMENDMENT MOTION PASSES UNANIMOUSLY. UH, IF THE APPLICANT HAS ANY QUESTIONS YOU CAN GET WITH STAFF. ALRIGHT, THANK YOU. ALL RIGHT, IS I'M GONNA ASK ONE MORE TIME. IS A APPLICANT, UH, FOR ITEM NUMBER SIX EVER CALL OR, OR POP IN EIGHT EIGHT FIFTY NINE CANTON STREET? I DON'T SEE ANY NEW FACES. SO WE'RE MOVING ON TO NUMBER 10. BOA 24 1 0 3 0 0 0 8 8. ADDRESS, 1 0 2 0 3 IRONSIDE DRIVE COUNCIL DISTRICT ONE APPLICANT JORGE RODRIGUEZ. I REQUEST FOR ONE OF 14 FOOT VARIANCE FROM THE MAXIMUM 16 FOOT HEIGHT TO ALLOW A 30 FOOT, UH, SIGN HEIGHT AND TWO, A 23 SQUARE FOOT VARIANCE FROM THE MAXIMUM 2075 SQUARE FEET TO ALLOW A 98 SQUARE FEET SIGN. ZONING IS C3. THE SUBJECT PROPERTY IS LOCATED ALONG IRONSIDE DRIVE, SOUTHEAST OF WARS BLOCK ROAD. THE BUSINESS ON THE PROPERTY IS REQUESTING VARIANCES BEFORE INSTALLING THE PROPOSED SIGNAGE. THE PROPOSED SIGNAGE WILL BE ON THE SIDE OF THE PROPERTY, ABUTTING THE PARKING LOT AND PRIVATE PARKING LOT ROAD FOR THE STRIP MALL OPPOSITE OF THE IRON SIDE DRIVE. RIGHT AWAY, THE APPLICANT IS REQUESTING THAT 30 FOOT SIGN AT 98 SQUARE FEET CODE ALLOWS A 16 FOOT SIGN AT 75 SQUARE FEET AND SITE PLAN SHOWING WHERE IT'LL BE LOCATED ON A PLANTER ISLAND ALONG THAT PARKING LOT [03:00:02] SUBJECT PROPERTY AND THE PLANTER ISLAND WHERE THEY'RE WANTING TO PUT THE SIGN LOCATION OF THE SIGN AND THE SURROUNDING AREA AND SURROUNDING SIGNS THE STRIP MALL THAT WOULD BE FACING TOWARDS STAFF RECOMMENDATION SIGN HEIGHT AND SQUARE FOOTAGE VARIANCES. STAFF RECOMMENDS DENIAL AND BO OA 24 1 0 3 0 0 0 88 BASED ON THE FOLLOWING FINDINGS OF FACT, THE VARIANCES WILL ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD AND THE SIGN HAS NOT BEEN CONSTRUCTED AND PLANS CAN BE ALTERED TO BE IN COMPLIANCE. WE MAILED OUT 15 NOTICES, RECEIVED, UH, THREE IN FAVOR, ONE IN OPPOSITION, NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET. AND THEY COLLECTED, UM, A VARIETY OF SIGNATURES IN FAVOR, UM, BUT A GOOD DEGREE OF A MORE OUTSIDE THE 200 FEET RANGE AND NOT INCLUDED IN THE MAP. AND THE ONE A POST THAT CONCLUDES STAFF PRESENTATION AND THE APPLICANT'S AVAILABLE. BEFORE YOU GO, UH, CAN YOU PUT SOME OF THIS IN PERSPECTIVE? SO THE IRON SIDE, ANTIQUE SIGN, AND THEN THERE'S AN OIL CHANGE SIGN. DO YOU KNOW ABOUT HOW HIGH THOSE ARE? , RIGHT? DO WE HAVE THE SIGNS? THEY DID? UH, MERKO DO WE HAVE THE SIGN HEIGHTS ON THE NEARBY SIGNS? UH, WE DON'T, UH, WE GOT SOMEBODY FROM THE ASSIGNED DEPARTMENT COMING. OKAY. YEAH. WELL, LET'S SEE IF THE APPLICANT COME FORWARD AND, UM, HEAR FROM THEM. AND ACTUALLY, DO YOU HAVE, UH, THE SIGNS? YEAH, I USED TO, UH, LASER. SURE. YEAH. STATE YOUR NAME AND TELL US ABOUT, ABOUT YOUR SIGNS. SO MY, MY NAME'S TONY. I WORK FOR ECONOMY SIGNS. UH, I DO A LOT OF SIGNS IN THE NEIGHBORHOOD, BUT ANYHOW, UM, SO THE NEIGHBORING SIGNS, IF WE CAN PULL THAT UP, I'LL SHOW YOU REALLY QUICK. SO I DID LA A LASER POINTER, RIGHT? SO FROM THE, FROM THE BOTTOM TO THE BOTTOM FROM THE, I GUESS THE BASE TO THE BOTTOM OF THAT SIGN, IT WAS 24 FEET ON THAT ONE. THE OTHER ONE, THAT ONE'S SIGNIFICANTLY HIGHER. SO THAT ONE FROM THE BASE TO THE BOTTOM WAS ACTUALLY 33 FEET. AND THAT'S THE BOTTOM OF THE SIGN. THAT'S NOT ACCOUNTING FOR THE ACTUAL SIGN SIZE ITSELF. UH, REASON WE'RE PROPOSING THIS, THE BUSINESS IS, THAT WAS ACTUALLY A DILAPIDATED BUSINESS FOR A LITTLE BIT. UM, THERE WAS ACTUALLY, UH, PARTS OF IT WERE BEING USED BY, UH, HOMELESS. UM, MUCH OF IT WASN'T WORKING. A PROPERTY OWNER WHO'S HERE RIGHT NOW ACTUALLY, UH, PUT A LOT OF WORK INTO THE PROPERTY. UM, THERE IS BEFORE AND AFTER PICTURES, I BELIEVE THAT SHOULD BE ON THERE. YEAH, THE APPLE CAMERAS. AND, AND FROM THERE YOU'D BE ABLE TO SEE HOW SOME OF THE WALLS WERE COMING DOWN. UH, OR THE, I THEY PUT TEXTURE ON THE WALLS THAT WERE COMING DOWN. MUCH OF 'EM DIDN'T WORK. UM, SINCE THEN, HE'S PUT IN A LOT OF WORK ON INTO THE BUILDINGS WHERE WE ACTUALLY, UH, PUT THAT AND I BRING IT UP RIGHT NOW. YOU WANNA GO THROUGH, UM, YEAH, THIS IS JUST FACTS, UH, STATING, UH, YOU KNOW, HOW UH, HAVING A BUSINESS SIGN KIND OF HELPS, UH, REVENUE FOR THE BUSINESS AND HELPS THE BUSINESS STAY OPEN, REMOVING THEM WILL SIGNIFICANTLY, UH, REDUCE YOUR, OF COURSE, YOUR, UH, YOU KNOW, AMOUNT OF TRAFFIC AND AMOUNT, AMOUNT OF BUSINESS YOU'RE COMING THROUGH. GO AHEAD. UM, THIS IS OUR PROPOSAL WHERE WE'RE PROPOSING FOR THE SIGN. AND THEN, UH, NEXT ONE, UH, JUST STATING HOW, UH, YOU KNOW, THE SIGN IS GONNA REALLY REFLECT ON WHAT TYPE OF BUSINESS IT IS HELPING DRIVE, UH, BUSINESSES TO THE, TO THE PLACE. AND THEN IF YOU CAN SKIP FORWARD, THESE ARE THE OTHER SIGNS, AS I WAS SAYING. UH, SO THAT ONE'S ACTUALLY 36 FROM THE BOTTOM. UH, APPROXIMATELY 10 FOOT SIGN. I NEVER, WE DIDN'T BUILD THE SIGN, SO I'M NOT SURE EXACTLY HOW TALL IT IS. UH, THE OTHER ONE WAS 25 FEET FROM THE BASE. AND WE'RE GUESSING IT'S PROBABLY ABOUT A 12 FOOT SIGN. UH, THAT'S THE ARROW VIEW OR THE VIEW FROM THE BACKSIDE. BUT WE'RE ACTUALLY, THIS PROPERTY IS ACTUALLY ABOUT, I WOULD SAY 150 FEET FROM WBA, WHICH IS THE PRIMARY STREET WHERE IT'S GONNA BE VISIBLE OR WHATNOT. AND THAT'S WHERE WE'RE ASKING FOR THE VARIANCE. THERE IS, UM, THAT BUILDING NEXT DOOR IS ABOUT 20 FEET IN HEIGHT. UM, SO THE POLE WOULD GO UP TO ABOUT, UH, 20 FEET AND THEN GO, THE SIGN WOULD GO OVER THAT. UM, AND THAT'S MAINLY THE PRIMARY REASON WE'RE WE'RE ASKING FOR THE VARIANCE AS WELL AS THE OTHER. IF YOU CAN GO BACK A LITTLE BIT. OH, ACTUALLY GO FORWARD [03:05:03] ON THIS PICTURE, YOU CAN SEE WHERE THE SIGN IS ACTUALLY AFFIXED. THERE IS BEHIND THERE. AND THE REASON WE WANNA PUT IT IN INTO THAT ISLAND IS THAT BEHIND THERE, THERE'S OUR NEIGHBOR, THE ANTIQUE STORE RIGHT NEXT TO US ACTUALLY HAS THEIR, UH, TRASH CAN RIGHT THERE, WHICH YOU CAN SEE IT IN ANOTHER PICTURE THAT YOU GUYS HAD. UM, AND WE FOUND OUT OUR NEIGHBOR ACTUALLY WAS ONE OF THOSE, ONE OF THE PEOPLE THAT APPROVED AND SIGNED OFF ON THAT SHEET OF PAPER THAT WE HAD, UH, THAT THEIR TRASH CAN. UM, I GUESS THE, THE COMPANY THAT THEY USED TO PICK UP THE TRASH ACTUALLY USES THAT, UH, THAT PATHWAY TO GO INTO THERE AND, UH, YOU KNOW, PICK UP THE TRASH AS OPPOSED TO GOING INTO THE, THE VARIANCE IS BRINGING ACTUALLY THE SIGN FURTHER UP INSTEAD OF HAVING THAT 10 FOOT SETBACK. UH, SO THAT'S THE REASON WE'RE USING FOR THAT. ANOTHER REASON IT'S ACTUALLY PEOPLE AREN'T USED TO THAT SIGN BEING THERE. SO, UH, COMING IN AND OUT OF THOSE STALLS IS, MIGHT CAUSE SOME CONFUSION OR EVEN SOME KIND OF ACCIDENT. UM, SO YEAH, THAT'S, THAT'S PRETTY MUCH THAT IS THE BUILDING HAS BEEN COMPLETELY RENOVATED. UH, HE DID A REALLY GREAT JOB AND SPENDING A LOT OF MONEY ON THIS BUILDING. UH, RIGHT NOW IT'S, IT'S IN REALLY GREAT CONDITION. UM, BESIDES THE SIGNATURES THAT WE HAD, WE ACTUALLY ACTUALLY COLLECTED A LOT FROM THE NEIGHBORHOOD. WE DIDN'T KNOW. WE WERE, WE WERE, UH, COM CONFINED TO 200 FEET AROUND. THAT'S WHY IT KIND OF JUST WENT AROUND TO THE NEIGHBORHOOD OR WHATNOT. UM, BUT THE, IT'S A SHOPPING CENTER ACROSS THE STREET. THERE'S AN OPTOMETRIST, THERE'S THE, UH, VAPE AND VAPE AND SMOKE KIND OF PLACE. AND THEY WERE ALL SUPER HAPPY THAT SOMEBODY TOOK OVER THIS, THIS BUILDING AND, AND THEY KNEW, LIKE RIGHT WHEN I TOLD 'EM IT WAS THE CAR WASH, THEY'RE LIKE, OH YEAH, LET ME SIGN THIS. AND THEY THEY STARTED SIGNING OFF. YEAH. LITERALLY STARTED PANING OUT TO PEOPLE 'CAUSE IT WAS AN EYESORE BEFORE WE TOOK IT OVER. UM, SO THIS IS THE REASONING, UH, FOR ALL THIS, OF COURSE, TO HELP PEOPLE MAKE IT AWARE THAT IT'S NOW IN BUSINESS AND, AND BEING BROUGHT, YOU KNOW, BACK TO WHERE IT SHOULD BE, UH, BEAUTIFYING THE NEIGHBORHOOD. AND, UH, HE ACTUALLY ZERO ESCAPED THE, UH, THE FRONT PART OF IT AND KIND OF, UH, PUT SOME SHRUBS IN THERE THAT ARE A LITTLE BIT MORE HEARTY. OKAY. UH, IS, IS THERE ANYONE SOUND TO SPEAK VOICEMAILS? THERE'S NO ONE SIGNED UP TO SPEAK AND, UH, NO PUBLIC COMMENT. ALL RIGHT. UH, IS THERE ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? DEAN, COMMISSIONER, DEAN? UH, SO YOU MENTIONED, UH, IRON SIDE, THEY WERE IN FAVOR OF THE SIGN. WAS, IS THAT WHAT I WAS HEARING? YES, THE, UH, THE, UH, THE UH, ANTIQUE STORE RIGHT IN THE STORE? YES. YES. THE IRON SIDE, UH, SIGNED ACTUALLY OUR FORM ALSO, UH, THERE, THERE IS A ASIAN MARKET ON THE OTHER SIDE BETWEEN US AND THE ACTUAL, UM, OIL CHANGE PLACE THEY SIGNED AS WELL. UH, ACROSS ON THE OTHER SIDE WAS THE OPTOMETRIST. UH, THEY SIGNED AS WELL ON THAT SHEET THAT, THAT WAS ON THERE THAT WE, WE, UH, WE PRESENTED. UM, THEY WERE ALL IN FAVOR OF IT. UM, YEAH, SO. OKAY. THANK YOU. THANK, AND THAT, AND THAT'S BEYOND WHAT Y'ALL, I THINK WHAT Y'ALL GOT THERE. SO AS YOU CAN SEE, UH, COMMISSIONER MANNA, SO, UM, I'M VERY FAMILIAR WITH THIS AREA, SO, SO I DON'T THINK IT'S DISTRICT ONE. IS THAT, IS THAT MISQUOTE? 'CAUSE IT SHOULD BE EIGHT. IS THAT YEAH, I WAS THINKING EIGHT. IT'S ON THE BORDER, SO, SO I DON'T KNOW IF THAT, YOU KNOW, ANYWAYS, UM, IT'S DISTRICT ONE. IT IS DISTRICT ONE. NO SIR. DISTRICT ONE IS HUGE , I DIDN'T REALIZE THAT CAME ALL THE WAY OUT PAST. OKAY. YEAH. UM, SO THE, UH, QUESTION I HAVE IS, YOU KNOW, SO A LOT OF THE THINGS THAT YOU'RE TALKING ABOUT ARE THE BUSINESSES IN THAT, IN THAT, UH, COMPLEX THERE. MM-HMM. , YOU KNOW, THAT ARE BEING IN FAVOR. AND, AND SO THEY, THEY ARE BUSINESSES. AND SO THIS ABUTS A, A RESIDENTIAL COMMUNITY. MM-HMM. . AND SO, SO, YOU KNOW, SO THERE ARE, YOU KNOW, STREET SIGN, UM, YOU KNOW, THAT I GUESS IMPACTS TO THE, TO THAT PART OF THE COMMUNITY. YOU SAID YOU WENT AND WALKED THROUGH THE NEIGHBORHOOD AND GOT THEIR SIGNATURES AS WELL AT, AT THE TIME? YEAH. I ONLY GOT TWO AT THE TIME. UM, I WASN'T AWARE HOW FAR WE CAN GO AND THE, OR HOW CLOSE WE HAD TO STAY, UH, FROM THAT. I THINK IT WAS LIKE A 200 FOOT RADIUS OR SOMETHING LIKE THAT. UH, THE PEOPLE ON THE STREET THAT GOES THAT KIND OF RUNS INTO THE CAR WASH. UH, A LOT OF 'EM WEREN'T HOME, HONESTLY. AND SO I JUST KEPT WALKING AND WE GOT MORE SIGNATURES AND THINGS LIKE THAT. UM, NOBODY WAS REALLY OPPOSED TO IT. A LOT OF PEOPLE KNEW THAT I ACTUALLY TALKED TO EXACTLY WHAT WAS GOING ON, AND THEY WERE SUPER HAPPY THAT, YOU KNOW, IT WAS GETTING RENOVATED AND ALL THE CHANGES WERE HAPPENING. YEAH. SO, SO, SO AS FAR AS THE BUSINESS SUCCESS AND, YOU KNOW, SO ALL THAT, ABSOLUTELY. I CAN SEE WHY EVERYBODY WOULD BE HAPPY FOR IT. I DON'T NECESSARILY, YOU KNOW, FROM A SIGN PERSPECTIVE, I GUESS THAT'S WHERE I WOULD START THE QUESTION. YEAH. AND ACTUALLY THE VARIANCE FOR GOING HIGHER, UH, IS ACTUALLY A GOOD THING FOR, FOR NEIGHBORHOODS. UH, SO, BECAUSE IF IT WAS LOWER, OF COURSE THE LIGHT FROM THE SIGNER MIGHT, MIGHT INTERFERE, THINGS LIKE THAT. UM, BUT [03:10:01] IT BEING HIGHER, IT'S LESS LIKELY FOR IT TO BE, YOU KNOW, IN LINE OF SIGHT OR ANYTHING LIKE THAT. AND TO CLARIFY, YOUR SIGN IS NOT GONNA BE AGAINST IRON SIDE. IT'S GONNA BE ON THE BACK. UM, SO IF YOU CAN PULL THAT UP, I CAN SHOW YOU EXACTLY WHERE IT'S AT IN THE MIDDLE. UM, YEAH, YOU'RE, I I THINK THE PICTURE RIGHT ABOVE THAT. THERE WE GO. ABOVE THAT. THERE WE GO. SO CAN I USE THAT LASER POINTER? SO THE SIGN IS RIGHT? WELL, YOU CAN SEE IT RIGHT THERE. IT'S RIGHT HERE. SO IT'S NOT AGAINST IRON SIDE BACK HERE? YEAH, IT'S ACTUALLY RIGHT HERE. RIGHT IN THE, YEAH, IT'S IN, IT'S IN THE MIDDLE OF THAT, THE LITTLE ISLAND. MM-HMM. . AND LIKE I'M SAYING, YOU SEE THAT DUMPSTER RIGHT THERE? MM-HMM. . THAT'S THE REASON WE WENT FROM HERE TO HERE. UH, JUST 'CAUSE OF THE ANTIQUE CE, UH, CENTER. THEY SAID THAT THEIR, THEIR GUY USES THAT, UH, RIGHT PATHWAY TO ACTUALLY PAINT UP THAT GARBAGE DISPOSAL IS STAFF. IF THIS WERE TO GET APPROVED TODAY, HE, COULD HE MOVE THE SIGN AGAINST IRON SIDE OR IS THE LOCATION SPECIFIC TO THE APPLICATION? UH, SO HE CAN MOVE IT AS UNTIL THE SETBACKS, UM, REQUIRE HIM TO BE, WHICH I BELIEVE THERE IS A 10 FOOT SETBACK ON THE, THE REASON WHY I ASK IS LIKE, I, I PERSONALLY AM NOT OPPOSED TO A, TO THE 30 FOOT SIGN, AS LONG AS IT'S NOT AGAINST IRON SIDE. IF IT'S, IF IT'S KNEE DEEP IN THIS COMMERCIAL AREA, THAT'S SOMETHING DIFFERENT. IS IT, IS IT POSSIBLE TO, TO READ A MOTION IN, IN THAT MANNER? CAN'T RESTRICT THEM FROM WHAT THEY'RE PERMITTED. AND, AND JUST SO YOU CLEAR ON THAT, SO THAT IS OUR PREFERRED LOCATION. WE DON'T ACTUALLY WANT TO BE CLOSER TO IRON SIDE THAT'S FOR THIS FROM, FROM WHAT WOULD BENEFIT THE COMPANY ITSELF. AND SO WHAT WE'RE ACTUALLY LOOKING FOR, AND WOULD YOU BE ABLE TO TURN THIS AROUND? THERE WE GO. GO, GO AHEAD. KEEP GOING. IS THAT VIEW RIGHT THERE? THAT'S WBA PARKWAY OR THE, THAT'S WBA. THAT'S WHERE YOU KNOW, ALL THE CLIENTS AND IT'S DOWN FROM WBA. I EXACTLY. SO ON, ON THAT PROPOSED LOCATION, IT'S GONNA HAVE PERFECT VIEW FOR THE PEOPLE COMING OVER THERE. WE DON'T WANT TO BE CLOSE TO IRON SIDE. I STILL MISS THE SUPER SALADS OVER THERE. OR DAVIES LOCKER. COMMISSIONER BRADMAN. SO JUST TALKING ABOUT THE DIFFERENCE, TALKING ABOUT THE RESIDENTIAL NEIGHBORHOOD. THAT RESIDENTIAL NEIGHBORHOOD APPEARS TO BE OFF OF IRON SIDE. YES. AND SO THAT THERE IS ALREADY A SIGN THERE, THE OIL CHANGE SIGN THAT'S EVEN TALLER YES. THAN THE PROPOSED SIGN. EXACTLY. AND IT'S CLOSER TO THE RESIDENTIAL, UH, BY SIGNIFICANT. I I THINK IT'S, IT'S, IT WOULD BE TALLER BY LIKE ALMOST 18 FEET. OKAY. AND SO, SO SIGNIFICANTLY TALLER. AND SO THE, THE SIGN THAT IS, IS THERE, IS ACTUALLY RIGHT ACROSS THE STREET FROM THE RESIDENTIAL NEIGHBORHOOD AS OPPOSED TO THIS ONE IS REALLY IN THE MIDDLE OF A LARGE PARKING AREA. YEAH. AND THEN YOU ALSO HAVE COVERAGE FROM THE, UH, FROM ALSO THE, THE CAR WASH ITSELF. SO THANK YOU. OKAY. ANYTHING ELSE? ANYONE ELSE? OKAY. UH, THANK YOU VERY MUCH. OKAY. I'M LOOKING FOR A MOTION UNA COMMISSIONER UNA, REGARDING CASE NUMBER BO EIGHT DASH 24 DASH 0 3 0 88. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT TO A REQUEST FOR ONE A 14 FOOT VARIANCE FROM THE MAXIMUM 16 FOOT HEIGHT TO ALLOW A 30 FOOT SIGN HEIGHT AND A TO A 23 SQUARE FOOT VARIANCE FROM THE MAXIMUM 75 SQUARE FOOT TO ALLOW A 98 SQUARE FOOT SIGN SITUATED AT 1 0 2 0 3 IRONSIDE DRIVE APPLICANT BEING, UH, GEORGE RODRIGUEZ. BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACT THAT WE DETERMINE, SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY SUCH THAT LITERAL ENFORCEMENT OF THE PROVISIONS THE UDC HAS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE THE VARIANCE IS NOT CONTRARY OR THE VARIANCE IS NECESSARY BECAUSE STRICT ENFORCEMENT OF THIS ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNS ON THE SITE, CONSIDERING THE UNIQUE FEATURE OF THE SITE SUCH AS THIS DIMENSION LANDSCAPING OR TO TOPOGRAPHY. AND A, A DENIAL OF THE VARIANCE WOULD PROBABLY CAUSE A SENSATION OF LEGITIMATE, LONGSTANDING ACTIVE COMMERCIAL USE OF THE PROPERTY. UH, THE REQUESTED VARIANCE WILL NOT CAUSE A CESSATION OF LEGITIMATE, LEGITIMATE, LONGSTANDING ACTIVE COMMERCIAL USE OF THE PROPERTY AS A SIGN, UH, WAS ORIGINALLY NONCONFORMING. THREE, AFTER SEEKING ONE OR MORE OF THE FINDINGS SET FORTH IN SUB SUB PARAGRAPHS ONE AND TWO, THE BOARD FINDS THAT A GRANTING THE VARIANCE IS NOT PROVIDED THE APPLICANT WITH A SPECIAL PRIVILEGE NOT ENJOYED BY OTHERS SIMILARLY SITUATED OR POTENTIALLY SIMILARLY SITUATED. THE PROPOSED SIGN SQUARE FOOTAGE AND SIGN HEIGHT DOES NOT APPEAR TO PROVIDE A SPECIAL PRIVILEGE AS THERE ARE SIMILARLY SIZED SIGNS IN THE IMMEDIATE AREA. B, THE GRANTING THE VARIANCE WILL NOT, UH, HAVE A SUBSTANTIALLY ADVERSE IMPACT ON NEIGHBORING PROPERTIES. THE PROPOSED, THE PROPOSED VARIANCE WILL NOT HAVE AN ADVERSE IMPACT ON NEIGHBORING PROPERTIES AS SUFFICIENT SPACE EXISTS BETWEEN THE SIGN AND NEIGHBORING USES. AND C GRANTING THE VARIANCE WILL NOT SUBSTANTIALLY INJURE. THE, UH, WILL NOT SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSE OF THIS ARTICLE. THE REQUESTED VARIANCE DOES NOT APPEAR TO SUBSTANTIALLY CONFLICT WITH THE STATE OF PURPOSE OF THIS CHAPTER AND OF MOTION. SECOND MOTION IS SECOND BY COMMISSIONER BRAMAN. UH, COMMISSIONER ZUNA? YES. SO I'M GONNA SUPPORT, UH, THE MOTION AS READ. UH, THE DISTANCE FROM THE, UH, IRONSIDE, UH, STREET, UH, PROVIDES INADEQUATE BUFFER, AS DOES THE PHYSICAL BASE OF THE CAR WASH, I THINK PROVIDES THAT BUFFER. UH, THERE ARE, UH, [03:15:01] MUCH HIGHER SIGNS LOCATED CLOSER TO THE RESIDENCE AND PROPOSED HERE. AND I THINK IT'S A, IT'S A GOOD, UM, GOOD LOCATION AND I SUPPORT THE MOTION COMMISSIONER BANKMAN. UH, I AGREE WITH MY COLLEAGUE AND I'LL JUST ADD THE FACT THAT, THAT THAT, UM, AREA IS LOWER THAN WACH PARKWAY. SO, UH, YOU KNOW, I, I THINK THIS IS A, A MINIMUM REQUEST THAT THEY COULD BE MAKING, UH, IN ORDER TO ENSURE THAT THEY, UH, GET EXPOSURE FOR THE BUSINESS. SO I'LL BE IN SUPPORT OF THE MOTION. ALRIGHT, ANYONE ELSE LIKE TO ADD MANNA? COMMISSIONER MANNA? UM, I, I WON'T BE IN FAVOR OF THIS FOR A COUPLE OF REASONS. UM, ONE IS, UM, YOU KNOW, THE, UM, THE SIGNS THAT ARE THERE HAVE BEEN THERE FOR DECADES. UM, SO, SO AS FAR AS THAT, YOU KNOW, COMPARING TO THE, TO THE PREVIOUS ONE, IT, ALL OF THOSE WENT UP BEFORE OUR SIGN ORDINANCES, UH, BECAME MORE RESTRICTIVE. AND THE SECOND IS THAT YOU CAN SEE FROM WACH, YOU KNOW, THE END OF THE, YOU CAN SEE, UM, COLONY DRIVE, WHICH IS WHERE IT IS, THAT ONE SIGN IS POSTED. SO YOU ACTUALLY SEE THE DRIVE FROM THERE. SO, SO IT ISN'T OBSCURED FROM A, FROM A VISUAL PERSPECTIVE. UM, AND SO THE EXISTING SIGN HEIGHT WOULD ALLOW IT TO BE OVER THE EINSTEIN, THE IRONSIDE ANTIQUE BUILDING. SO YOU WOULDN'T BE ABLE TO SEE IT FROM THE ROAD. SO, SO I WON'T BE VOTING IN FAVOR OF IT. IS THERE A HEIGHT THAT YOU COULD LIVE WITH? ACTUALLY, IT'S BOTH THINGS, SO NO. OKAY. IS ANYONE ELSE LIKE TO ADD? YEAH, I'M GONNA SUPPORT THIS BECAUSE I THINK THE SIGN IS SUFFICIENTLY SHELTERED BY ITS LOCATION SHELTERED AWAY FROM THE RESIDENTIAL AREA. AND, UH, ONE THING THAT HASN'T BEEN MENTIONED IS THE WAY THIS WHOLE CENTER, UH, IS LOWER THAN WACH ROAD AT THAT POINT, UH, IT SLOPES SOUTH FROM WACH AND YOU NEED THE HIGHER HEIGHT, IN MY VIEW, TO BE VISIBLE AND TO BE USEFUL, UH, FOR THE PURPOSE. THANK YOU. IS THERE ANY OTHER COMMISSIONERS YOU'D LIKE TO ADD? OKAY. I'M JUST GONNA, I'LL BE IN SUPPORT OF THIS BECAUSE AT 30 FEET TALL IT WILL NOT EXCEED THE HEIGHT OF THE ANTIQUE SIGN. SO THAT'S REALLY WHAT'S DOING IT FOR ME. SO WITH THAT, LET'S HAVE A ROLL CALL. VOTE COMMISS. UNA. YES, I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? NO, I DO NOT. CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ? I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. UH, MOTION SQUEAKS BY NINE TO TWO. ALL RIGHT, WE'LL MOVE ON TO ITEM NUMBER 12. OKAY, ITEM NUMBER 12, BO OA DASH 24 DASH 0 3 0 0 9 1 ADDRESS BEING 45 19 SHEA CIRCLE COUNCIL DISTRICT SIX, APPLICANT GUERRERO CRUZ. UH, A REQUEST FOR A EIGHT FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW A STRUCTURE TO BE 12 FEET FROM THE REAR PROPERTY. LINE ZONING. R SIX. THE SUBJECT PROPERTY IS LOCATED ON THE FAR WEST SIDE BETWEEN SIDE BETWEEN COLLIBRA ROAD AND WISEMAN BOULEVARD JUST WEST OF LOOP 1604. THE APPLICANT IS PLANNING ON ON ADDING A GARAGE TO THE PRINCIPAL STRUCTURE THAT WILL BE WITHIN 12 FEET FROM THE REAR SETBACK. THE GARAGE WILL EXIT ON LAUREN MIST AND HAS THE REQUIRED 20 FOOT SETBACK FROM THE GARAGE OPENING TO THE BACK OF THE SIDEWALK. THE ADDITION WILL ABUT THE NEIGHBOR'S SIDE SETBACK, WHICH APPEARS TO HAVE AT LEAST A 10 FOOT SIDE SETBACK PER STREET AND TRAFFIC REVIEW FOR PROPOSED REAR GARAGE ENTRY. THIS THE FENCE WILL NEED TO COMPLY WITH UDC, CLEAR VISION AND FENCE HEIGHT REQUIREMENTS. A NEW PERMIT MUST BE APPLIED FOR APPROACH PERMIT. APPROVAL IS PENDING OUTCOME BOARD OF ADJUSTMENT SITE PLAN, UH, SUBJECT PROPERTY. AND THIS IS THE SUBJECT PROPERTY. UH, TOP ONE IS CURRENT AND THEN THE BOTTOM WILL BE 2022. THIS IS A CORNER VIEW OF SHEA CIRCLE AND LAUREN MIST AND THE VIEW OF THE ENTRY EXIT PROPOSED REAR GARAGE. CURRENTLY THERE IS A GATE THERE. THIS IS THE REAR YARD OF THE PROPERTY. UM, THE CONCRETE SLAB THAT IS CURRENTLY THERE WILL BE REMOVED, UM, PRIOR TO CONSTRUCTION [03:20:01] OF A GARAGE. IN ADDITION, THE WEST VIEW OF LAUREN MIST TOWARDS SHEA CIRCLE INTERSECTION AND EAST VIEW OF LAUREN MIST IN THE CUL-DE-SAC. AND THEN VIEW FROM SHAA CIRCLE TO LAUREN MIST AND ACROSS FROM SHEA AND LAUREN MIST. AND THEN THE EAST VIEW PROPERTY AT THE INTERSECTION OF SHAY CIRCLE AND LAUREN MIST. STAFF RECOMMENDATION, REAR SETBACK VARIANCE STAFF RECOMMENDS APPROVAL AND BO OA DASH 24 DASH 1 0 3 0 0 0 9 1 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS THE VARIANCE WILL LEAVE SIGNIFICANT SUFFICIENT ROOM FOR THE REAR YARD. AND TWO, THE ABUTTING PROPERTY CREATES A REVERSED CORNER LOT AND HAS AT LEAST 10 FEET SIDE SETBACK, SETBACK ON THE OPPOSING OPPOSITE SIDE OF THE PROPOSED ADDITION. STAFF MAILED 37 NOTICES. THREE ARE IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE WERE PROVIDED BY THE ESTATES OF WESTOVER HILLS. UH, NEIGHBORHOOD ASSOCIATION IS IN FAVOR. THIS CONCLUDES STAFF'S PRESENTATION. APPLICANT IS AVAILABLE. ALL RIGHT, UH, THANK YOU VERY MUCH. DOES APPLICANT COME FORWARD? ALRIGHT. STATE YOUR NAME. TELL US ABOUT YOUR, UH, GARAGE. YES, HELLO. UM, ARD, THE CRUZ, UM, MY OWNER OF A SMALL BUSINESS. UM, IT'S NOT JUST A GARAGE. WE ARE, UH, ADDING TO THE HOME. WE'RE ALSO ADDING A FOURTH BEDROOM. UH, JUST I'M PLANNING, EXPECTING HAVING MORE CHILDREN. OKAY HERE. SO, UM, SO IT'S ACTUALLY NOT JUST THE GARAGE, IT'S UH, IT'S ALSO, UH, INCREASING THE LIVING SPACE, UH, TO THE HOME. UM, AS STATED, CURRENTLY WE DO HAVE AN EXISTING PAD. UM, THE GARAGE IS MOSTLY GONNA BE USED, UM, TO HOUSE, UH, TOOLS, UM, LITTLE BIT OF MATERIALS FOR SMALL BUSINESS. UM, AND UH, YOU KNOW, JUST TO KEEP IT AS MINIMAL AS THAT, I'M TRYING TO, UH, AVOID IT. SMALL TECHNICALITY. 'CAUSE THE GARAGE PART, UM, JUST TRYING TO HAVE IT COMPLETELY, UH, CONNECTED TO THE STRUCTURE. MM-HMM, , UH, I KNOW IT WOULD BE APPROVED IF, UH, IF IT WAS ATTACHED TO, UH, STRUCTURE, BUT I'M TRYING TO , UH, SEE IF WE CAN GET PERMISSION. JUST LEAVE IT INTACT. OKAY. UH, UH, I GOT A QUICK QUESTION IS I NOTICED THERE'S A FIVE FOOT MAINTENANCE EASEMENT. THIS IS A ZERO LOT COMMUNITY WHERE EVERY OTHER PROPERTY IS, IS AGAINST THE PRO, THE, THE PROPERTY LINE. IS THAT A TRUE? I'M NOT SURE. OKAY. YOU KNOW, SOMETIMES THE LINES ON THESE AERIALS, THEY GET A LITTLE BLURRED AROUND. IT LOOKS LIKE THE HOME BELOW YOU AT 45 15, CHE HAS ITS HOME, ABUTTING THE PROPERTY, UH, WHEREAS YOURS IS NOT. AND SO THEREFORE YOU HAVE THAT FIVE FOOT MAINTENANCE EASEMENT. YOU'RE NOT ATTEMPTING TO BUILD INTO THAT, CORRECT? OH, NO, NO, NO. OKAY. NO. ALRIGHT. ANY OTHER QUESTIONS? IS THERE ANY PUBLIC COMMENTARY? ANYONE SIGNED UP TO SPEAK? WE HAVE SOMEONE SIGNED UP TO SPEAK AND WE DO HAVE A VOICEMAIL. ALL RIGHT. SO HAVE THE VOICEMAIL FIRST TO THE MEETING. THE CASE NUMBER B OH A DASH 24 DASH 1 0 3 0 0 9 1. MY NU MY NAME IS ROSALIA GRILL. MY ADDRESS 4 5 1 8 SHA CIRCLE, SAN ANTONIO, TEXAS SEVEN EIGHT TWO FIVE ONE. MY PHONE NUMBER TWO TEN SEVEN THREE ZERO SIX THREE THREE FOUR. AND I OPPOSE THIS, UM, PROPOSITION. I DON'T NEED IT, I DON'T WANT IT. AND PLEASE, UM, DO NOT DO IT IN MY CASE. AGAIN, THAT CASE NUMBER IS B OH EIGHT DASH TWO FOUR DASH 1 0 3 0 0 9 1. IF YOU HAVE ANY QUESTIONS, PLEASE DO NOT HESITATE TO CALL ME BACK. I CALLED TWICE JUST IN CASE ONE FAILED. THANK YOU AND HAVE A NICE DAY. BYE-BYE. AND OUR SPEAKER IS, OH, DID YOU CATCH THE ADDRESS FROM THAT SPEAKER? 45 10 SHEA CIRCLE. OKAY, THANK YOU. ALRIGHT, LET'S HAVE THE PERSON WHO SIGNED UP, UH, COME TO THE PODIUM. MR. GERARDO CRUZ. THAT'S YOU. OH, . SORRY, I THOUGHT IT WAS A SIGN. THAT'S OKAY. SO IS THERE ANY QUESTIONS FOR THE, FOR THE APPLICANT? HEARING NONE. UM, ANYTHING YOU WANNA SAY BEFORE WE COMMISSIONER DEAN? SO, SO YOU, THERE'S EXISTING SLAB THERE ALREADY, RIGHT? YES. OKAY. JUST WANNA [03:25:01] MAKE SURE. OH, AND THEN YOU HAVE STR UH, SMALL, UH, SHEDS ON THERE RIGHT NOW? YES. OKAY. ALRIGHT. IS THERE ANYTHING YOU'D LIKE TO ADD BEFORE WE UH, UH, DELIBERATE? NO. NO, SIR. ALRIGHT. AWESOME. THANK YOU. UH, LET'S LOOKING FOR A MOTION MANNA COMMISSIONER MANNA REGARDING CASE NUMBER, UH, BO A 2 4 1 0 3 0 0 0 9 1. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR AN EIGHT FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR BACK TO ALLOW A STRUCTURE TO BE 12 FEET FROM THE REAR PROPERTY LINE SITUATED AT 4 5 1 9 SHAA CIRCLE. APPLICANT BEING GUDO CRUZ BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT A LIBERAL ENFORCEMENT OF THE PROVISIONS OF THE EDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY DISTANCES, UH, BETWEEN THE STRUCTURE AND THE REAR SETBACK. THE VARIANCE WILL LEAVE 12 FEET FROM THE REAR SETBACK, WHICH PROVIDES AMPLE ROOM WILL NOT BE CONTRARY TO PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS OR LOW ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF FOUND SPECIAL CONDITIONS ON THIS PROPERTY THAT WOULD RESULT IN UNNECESSARY HARDSHIP, SUCH AS REQUIRING A REVERSE CORNER LOT IN THE LIMITED IN SPACE IN THE REAR YARD FOR ION THREE. BY GRANTING THE VARIANCE, THE SPEAR OF THE ORDINANCE WILL BE OBSERVED AND THE SUBSTANTIAL JUSTICE WILL BE DONE. THE VARIANCE WILL OBSERVE THE SPEAR OF THE ORDINANCE AND THE SUB SUBSTANTIAL AND SUBSTANTIAL JUSTICE WILL BE DONE AS THE BUDDING PROPERTY HAS AN EXTENDED DRIVE SETBACK, SIDE SETBACK, OPPOSITE OF THE ADDITION. AND THERE WILL BE SIGNIFICANT OPEN SPACE IN BACKYARD FOR THE VARIANCE ARE NOT AUTHORIZED. THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. THE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT PERFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. THE PROPOSED 12 FOOT REAR SETBACK WILL LEAVE SUFFICIENT ROOM AND WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OR THE PROPERTY, OR ARE NOT MERELY FINANCIAL AND NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN IN THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. THE VARIANCES ARE SOUGHT DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS THE REVERSE CORNER LOT AND LIMITED ROOM IN THEIR REAR YARD. THESE CIRCUMSTANCES ARE NOT CREATED BY THE PROPERTY OWNER. AND THE MOTION IS THERE A SECOND, SECOND, SECOND BY COMMISSIONER MENEZ. COMMISSIONER MANNA. UM, YEAH, SO I AGREE WITH THE, UH, CITY'S POSITION HERE AND, AND UM, AND I THINK THAT IT LOOKS LIKE, UH, AN APPROPRIATE, UM, UM, CONSTRUCTION ON THIS PROPERTY. SO I'LL BE VOTING IN FAVOR. COMMISSIONER BENAVIDES. I AGREE WITH MY COLLEAGUE. I'LL BE IN FAVOR. ALRIGHT, HAS ANYONE ELSE LIKE TO ADD HEARING NONE. HAVE ROLL CALL VOTE COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ? I CONCUR. COMMISSIONER BARTON? YES, I CONCUR. COMMISSIONER STEVEN? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER BREGMAN. I CONCUR WITH THE FINDINGS OF FACTS. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 10 TO ONE. UH, CONGRATULATIONS. IF YOU HAVE ANY QUESTIONS, UH, YOU CAN ASK STAFF JUST TO, UH, LET THE BOARD KNOW. WE DO HAVE, UH, PIZZA IN THE, UH, TOBIN ROOM IF YOU GOT SOME ALREADY. WE WERE GONNA GET OUTTA HERE BY FIVE 30 AND OR IF YOU WANT US TO BRING IT IN HERE, WE CAN TOO. THAT'S UP TO THE COMMISSION. WHAT, UH, ANY SUGGESTIONS FROM THE COMMISSION? YOU WANT TO KEEP MOVING OR YOU WANNA TAKE A BREAK? I COULD EVEN THE DAY AS IF THEY WERE BRINGING IN. SO LET'S KEEP IT ROLLING. ITEM 13. OKAY. BOA CASE. 24 DASH 1 0 3 0 0 0 92 I ADDRESSED 5 1 9 WEST HIGHLAND BOULEVARD COUNCIL DISTRICT FIVE APPLICANT. MARCO ANO I REQUEST FOR A ONE A 400 SQUARE FOOT VARIANCE FROM THE MINIMUM LOT SIZE REQUIREMENT OF 6,000 SQUARE FOOT TO ALLOW A DEVELOPMENT ON A 5,000 SQUARE 5,600 SQUARE FOOT LOT. AND TWO, A 10 FOOT VARIANCE FROM THE MINIMUM 50 FEET. LOT WIDTH TO ALLOW DEVELOPMENT ON A LOT WITH 40 FEET WIDTH. THE ZONING IS R SIX. SUBJECT PROPERTY IS LOCATED ALONG WEST HIGHLAND BOULEVARD, WEST OF ROOSEVELT AVENUE, LOCATED WITHIN [03:30:01] THE ROOSEVELT PARK NEIGHBORHOOD ASSOCIATION. CURRENTLY THE PROPERTY IS VACANT AFTER A PREVIOUSLY EXISTING HOME SUFFERED FIRE DAMAGE AND WAS DEMOLISHED WITH PERMIT IN 2023. THE APPLICANT IS REQUESTING A 400 SQUARE FOOT VARIANCE FROM THE MINIMUM LOT SIZE AND A 10 FOOT VARIANCE TO THE LOT WIDTH TO ALLOW DEVELOPMENT OF A SINGLE FAMILY HOME ON THE LOT. THE SITE PLAN, THE SUBJECT PROPERTY SURROUNDING AREA STAFF RECOMMENDATION ON THE LOT SIZE, MINIMUM, AND LOT WITH VARIANCES. STAFF RECOMMENDS APPROVAL AND BOA 24 1 0 3 0 0 0 9 2 BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUEST WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD AND THE PROPERTY WILL BE ABIDING BY ALL OF THEIR DIMENSION AND SETBACK REQUIREMENTS MAILED. WE MAILED OUT 28 NOTICES RECEIVED SIX IN FAVOR, ZERO IN OPPOSITION IN ROOSEVELT PARK NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. AND THIS IS WHERE ALL THE SIX, UH, IN FAVOR CAME FROM. AND THIS IS ONE THAT DIDN'T HAVE AN OBJECTION WITHIN THE 200 FEET AS WELL. OKAY, THIS CONCLUDES STAFF PRESENTATION AND APPLICANT IS AVAILABLE. ALL RIGHT, THANK YOU VERY MUCH. IS THAT THE APPLICANT COME FORWARD? MY NAME IS EUGENE PEREZ AND, UH, I'M THE, I'M REPRESENTING THE, THE, THE PERSONS BUYING THE PROPERTY FROM THIS LADY RIGHT HERE. SO HE, BEFORE IT GOES THROUGH THE TITLE COMPANY, EVERYTHING, HE JUST WANTED TO MAKE SURE HE IS ABLE TO BUILD ON IT. SO WHEN WE BUILD IT, I'M BUILDING THE HOUSE RIGHT NEXT TO IT RIGHT NOW. WELL, I'M RESTORING IT THAT THE PROPERTY ON THE RIGHT SIDE, FIVE 15 WEST HIGHLANDS. AND SO WHAT I DO IS I, I STAY WITH THE AESTHETICS OF THE ARCHITECTURE IN THE NEIGHBORHOOD SINCE I'M FROM THAT NEIGHBORHOOD ITSELF. SO I'VE BEEN IN THAT NEIGHBORHOOD SINCE 1965. SO, UM, I WANT TO, UH, MARCO AL, WHO'S THE ONE THAT'S BUYING THE PROPERTY. HE WANTS TO MAKE SURE THAT, THAT WE'RE ABLE TO BUILD ON IT, BUT I TOLD HIM THE ONLY WAY I'LL DO THAT PROPERTY IS IF WE STAY WITHIN THE ARCHITECTURE OF THE NEIGHBORHOOD, WHETHER IT BE A CRAFTSMAN VICTORIAN STYLE OR SOME, BUT IT'S WITH THE SAME. AND SO IT, IT'LL PROBABLY, UH, THE SQUARE FOOTAGE WILL PROBABLY BE PROBABLY AROUND 1800 TO 2,400 SQUARE FEET, THE HOUSE ITSELF. SO WE'RE GONNA STAY WITHIN THE SETBACKS, YOU KNOW, FIVE FOOT EACH SIDE, 10 IN THE FRONT, 20 IN THE BACK. OKAY. ALL RIGHT. UM, STAFF, IS THERE ANY PUBLIC COMMENT ANYONE SIGNED TO SPEAK? SO SIR, YOUR NAME WAS MR. PEREZ. GINO PEREZ? YES, SIR. AND THEN MA'AM, YOUR NAME IS BETTY CLAM. BETTY CLAM. OKAY. SO THERE'S NO PUBLIC COMMENT AND YOU'RE, YOU'RE THE PROPERTY OWNER, MA'AM? YES. OKAY, SO NO PUBLIC COMMENT. ALL RIGHT. THANK YOU VERY MUCH. UM, SO I HAVE A QUESTION. SO THIS IS, THIS IS, UM, UM, THE WEST 40 FEET OF A LOT. UH, THE, THE DEED THAT MADE IT THIS WAY WAS DATED FROM 1996. UH, I THOUGHT THIS WAS AN EXEMPTION FOR PLATTING IF IT WAS CONSIDERED AN ANTIQUATED PLAT. AND, UM, I HAPPENED TO FIND THE ANTIQUATED PLAT THAT THIS IS A PART OF. UH, IT WAS RECORDED IN 1916. SO IS THEY, DO THEY EVEN NEED TO BE HERE? UH, WE RAN THIS WITH, UH, LAND ENTITLEMENT SO THEY CAN REVIEW IT FOR A COD, NOT PERFORM A LOT OF RECORD, AND THEY TOLD US THEY DID NOT QUALIFY. IF YOU LOOK AT THE, THE LEGAL DESCRIPTION ALSO, WHEN IT SAYS THE WEST 40 FEET OF LOT 10, LIKE IF IT WAS A CLEAN LOT 10, BUT BECAUSE IT IS THE WEST 40 FEET THAT, UM, IS BELIEVED THAT IT WAS SECTIONED OFF BY AN OLD OWNER AND THEY SOLD A PORTION OF IT. SO THAT'S WHY IT DOESN'T YEAH, AND I, I'M TALKING ABOUT IN 35, 4 30, THE EDC, IT, IT ALLOWS THE CONSTRUCTION, UH, IF YOU'RE, IF YOU'RE OF, OF AN UN PLATTED OR ANTIQUATED PLAT. AND SO THIS THING LOOKS LIKE IT IS, UM, IT'S A TRACKED, IT HAS A MINIMUM WIDTH OF 15. IT DOES HAVE AN EXISTING LOT, UH, NUMBER, I MEAN THE, THE, THE PROVISION PROVISION FOR HAVING TO MEET THE ZONING REQUIREMENTS IS ONLY IF YOU'RE IN THE ORIGINAL 36 SQUARE MILES. BUT AS AN ANTIQUATED PLAT, I, I'M SURPRISED THAT, THAT NO ONE INVOKED THAT, THAT SUBSECTION SIX EXEMPTION TO WHERE THEY WOULDN'T, THEY COULD GET A COD BECAUSE THEY, THE PLAT IS ANTIQUATED. IT'S IN THE DEED AND PLAT RECORDS AND IT WAS RECORDED IN 1916. SO I'M JUST CURIOUS WHY, WHY THIS APPLICANT EVEN HAD TO COME HERE. YEAH, YEAH. EVERY, EVERY ONE OF THESE MINIMUM LOT SIZE, WE RUN IT THROUGH [03:35:01] LAND ENTITLEMENTS TO SEE IF THEY QUALIFY FOR OR NOT, OR COD. OKAY. THEY MAY HAVE NOT FOUND THE ANTIQUATED PLAT, BUT I MEAN, I DON'T, IT DOESN'T BOTHER ME BECAUSE AS FAR AS I'M CONCERNED, YOU DON'T EVEN NEED TO BE HERE. SO IF WE APPROVE IT, IT'S NOT GONNA BOTHER ME IN ANY WAY, FOR SURE. ANYWAY, BUT, UH, YOU KNOW, I JUST YEAH, NO, NO, THAT'S, THAT'S COMPLETELY FINE. BUT JUST FOR YOUR OWN KNOWLEDGE, UH, IT WAS RECORDED IN VOLUME 3 6 8, PAGE 1 7 5 OF 19 16 19. IF WE FIND THAT, THAT, UH, IF WE FIND THAT THEY DID NOT HAVE IT, UM, WE WILL REFUND THIS. UM, BUT WE'LL DOUBLE CHECK WITH LAND ENTITLEMENTS. UM, YEAH, WHICHEVER WAY THIS GOES, THE FACT THAT YOU HAD TO SPEND MONEY ON THIS ONE, IT'S ALL RIGHT. WELL, IT, IT, THE HOUSE WAS BUILT 1915, BUT UH, HE'S KIND OF HESITANT TO GO IN, IN THE CITY, SAYS NO, HE CAN'T BUILD ON IT. AND I SAID THE CITY'S NOT GONNA DENY BECAUSE YOU KNOW, THERE, YOU'RE HERE. SO LET'S, WE'LL MOVE FORWARD. OKAY? BUT I WOULD JUST WRITE THAT VOLUME IN PAGE DOWN 3 6 8 1 7 5 3 6 JANUARY, 1979. OKAY? YEAH, THAT'S FINE. AS LONG AS IT'S, IT IS, I FOUND THE DEED FROM NINE, I DON'T WANT TO KEEP GOING INTO THIS, BUT YEAH, YEAH. YOU KNOW, AS LONG AS IT WAS NOT CHANGED AFTER 2005, THE DEED I FOUND THAT HAD THE SAME REFERENCES FROM 96, SO IT SHOULD BE FINE. OKAY. UH, BUT REGARDLESS, I'M LOOKING FOR A MOTION BONITA COMMISSIONER BENAVIDES, REGARDING CASE NUMBER BO A 24 1 0 3 0 0 0 9 2. I MOVE THAT THE BOARD OF ADJUSTMENTS GRANT A REQUEST FOR ONE A 400 SQUARE FOOT VARIANCE FROM THE MINIMUM LOT SIZE REQUIREMENT OF 6,000 SQUARE FOOT TO ALLOW DEVELOPMENT ON A 5,600 SQUARE FOOT LOT. AND TWO, A 10 FOOT VARIANCE FROM THE MINIMUM 50 FOOT LOT WIDE WITH, I'M SORRY, TO ALLOW A DEVELOPMENT ON A LOT WITH A 40 FOOT WIDTH SITUATED AT FIVE 19 WEST HIGHLAND BOULEVARD, APPLICANT BEING MARCO BOTO. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. STAFF FINDS THIS REQUEST IS NOT CONTRARY TO PUBLIC INTEREST AS THE APPLICANT IS ABIDING BY THE SETBACK REQUIREMENTS, WHICH WILL NOT INFRINGE ONTO THE NEIGHBORING PROPERTIES. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. IN THIS CASE, THE SPECIAL CONDITION FOUND ON THE PROPERTY, ON THE SUBJECT PROPERTY IS THE NARROW LOT WIDTH AND SIZE. WITHOUT THIS VARIANCE AND UNNECESSARY HARDSHIP WILL, WILL PREVENT THE APPLICANT FROM DEVELOPING THIS LOT. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE APPLICANT IS REQUESTING THIS VARIANCE PRIOR TO CONSTRUCTION. ADDITIONALLY, ALL OTHER BUILDING REQUIREMENTS SUCH AS SETBACK, MINIMUMS, BUILDING HEIGHT, AND LOT DENSITY ARE ALL BEING ABIDED BY THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED BY GRANTING THIS VARIANCE FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED UPON SITE VISITS. STAFF HAS FOUND THAT THE 10 FEET WIDTH AND 400 SQUARE FOOT VARIANCES WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. AND SETBACK REGULATIONS WILL ENSURE ADJACENT PROPERTIES REMAIN UNINJURED. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCES ARE SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE NARROW WIDTH OF THE LOT AFFECTING SIZE. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL. AND A MOTION. SECOND. SECOND BY COMMISSIONER MANNA. COMMISSIONER MANEZ, I'LL BE IN FAVOR, UM, OF THIS MOTION. I I THINK IT'S GREAT THAT, UH, THAT YOU'RE GONNA BUILD A NEW HOME ON THIS PROPERTY THAT IS GOING TO, UM, FALL WITHIN THE, THE CURRENT, YOU KNOW, THE HOMES THAT ARE, THAT ARE IN THIS, IN THIS AREA. SO I'LL BE IN FAVOR OF IT. COMMISSIONER MANOR. UM, I CONCUR WITH MY COLLEAGUE AND THIS LOOKS VERY SIMILAR TO MANY OF THE HOMES THAT ARE ALREADY THERE. SO IT DOESN'T LOOK LIKE IT'LL BE THAT DIFFERENT. SO I'LL BE VOTING PAPER. ALRIGHT, ANYONE ELSE LIKE TO ADD? HEARING NONE. LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER BENAVIDES. I CONCUR. [03:40:01] COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER A BONIS. I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT MOTION PASSAGE AND ABSLEY CONGRAT, THANK YOU SO MUCH AND FOLLOW UP ON THAT REFUND THAT THEY JUST BROUGHT UP. YOU NEVER KNOW. YOU NEVER KNOW. I COULD BE WRONG, BUT YOU NEVER KNOW. I KNOW. THANKS. THANK YOU. ITEM 14. CUT. ALL RIGHT. UM, NEXT CASE. BO OA 24 1 0 3 0 0 9 5. LOCATED AT 11 0 19 COLLAB ROAD COUNCIL DISTRICT SIX, APPLICANT B. BROWN MCDONALD, UH, PLL C'S A 15 FOOT VARIANCE FROM THE MINIMUM 15 FOOT BUFFER TO ALLOW THE ELIMINATION OF A BUFFER ON THE WESTERN PROPERTY LINE ZONED R THREE R THREE R, SORRY, C3 RSA SPECIFIC GEESE AUTHORIZATION FOR ALCOHOL, BEVERAGES ON PREMISE CONSUMPTION, INCIDENTAL TO CONSUMPTION OF FOOD AND C3 GENERAL COMMERCIAL. SO PROPERTY IS LOCATED IN THE FAR WEST SIDE OF SAN ANTONIO, JUST WEST OF COLLIBRA. AND 1604 INTERSECTION. THE APPLICANT IS REQUESTING THE ELIMINATION OF 15 FOOT BUFFER ON THE PORTION OF BUTTON. THE MULTI-FAMILY LOT. THE BUFFER IS NOT REQUIRED AGAINST THE COMMERCIAL DEVELOPMENT AND THE UM, AND THE RESIDENTIAL LOT BEING USED AS A PARK, A 10 FOOT SETBACK IS REQUIRED, UM, SEPARATE FROM THE BUFFER. THE COMMERCIAL DEVELOPMENT WAS ESTABLISHED IN 2008 AND THE MULTIFAMILY DEVELOP WAS ESTABLISHED IN 2012 PRIOR TO THE, UH, DEVELOPMENT OF THE COMMERCIAL LOT. SO THIS IS THE, UM, SITE PLAN THAT'S SHOWING THE LOCATION OF THE BUFFER THAT DID NOT NEED TO GET WHEN IT WAS FIRST ESTABLISHED, BUT NOW THAT SINCE THERE'S A MULTI-FAMILY, UM, ANY NEW ESTABLISHED, ANY NEW CONSTRUCTION, UM, WOULD HAVE TO ABIDE BY THAT BUFFER SUBJECT PROPERTY. THAT'S A AREA OF WHERE THE BUFFER WOULD NEED TO BE. AND AGAIN, NEXT TO THE, UH, COMMERCIAL, I MEAN NEXT TO THE MULTI-FAMILY, OTHER PICTURES OF THE SUBJECT PROPERTY AND THE SURROUNDING AREA. STAFF RECOMMENDS APPROVAL FOR BO OA 24 103 0 0 0 9 5 BASED ON THE FOLLOWING FUNDS OF THE FACT THE COMMERCIAL PARKING LOT DRIVEWAY WAS ESTABLISHED PRIOR TO THE MULTI-FAMILY DEVELOPMENT, WHICH WOULD NOT CHANGE THE CHARACTER, WHICH WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT. AND REQUIRED SEPARATION WOULD STILL EXIST WITH THE REQUIRED SETBACK. 14 NOTICES WERE MAILED OUT, NONE RECEIVED IN FAVOR OR OPPOSITION, AND THERE'S NO REGISTERED NEIGHBORHOOD ASSOCIATION. AND THAT CONCLUDES APP, UH, STAFF'S PRESENTATION. ALRIGHT, THANK YOU VERY MUCH. IS THAT THE APPLICANT? COME FORWARD, STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. YES, UH, CAROLINE MCDONALD WITH BROWN AND MCDONALD. UH, 100 NORTHEAST LOOP FOUR 10, SUITE 1365. UH, MR. CHAIR, HONORABLE MEMBERS OF THE BOARD OF ADJUSTMENT. I'M HERE ON BEHALF OF THE APPLICANT, UH, FOR A WAIVER OF THE 15 FOOT BUFFER REQUIREMENT ON THE WEST SIDE OF THE PROPERTY HERE SHOWN TO YOU. UH, IT IS AN EXISTING SHOPPING CENTER. IT WAS CONSTRUCTED AS STAFF SAID IN 2008 WHEN THE PROPERTY ADJACENT TO US WAS ALSO, UH, ZONE C3 OH. AND I DO HAVE A PRESENTATION REAL QUICK WITH SOME QUICK PICTURES THAT'LL SHOW, UM, EXACTLY WHAT IT LOOKED LIKE WHEN, WHEN IT WAS BUILT. THIS IS PART OF A VERY OLD, UH, P-O-A-D-P, I THINK FROM 2007. OKAY, THANK YOU. SO HERE'S THE EXISTING ZONING MAP. YOU CAN SEE THE SHOPPING CENTER OR C3 AND C3 RS. THERE IS MULTIFAMILY NEXT TO US, AND THEN R SIX AND C3 TO THE OTHER SIDES. UM, YES, 2007 STONEBRIDGE, P-O-A-D-P. IT WAS ALL COMMERCIAL. YOU CAN SEE THEY'RE OUTLINED IN RED. UM, THE SHOPPING CENTER WAS CONSTRUCTED IN 2008. THERE WASN'T A TENANT FOR THE TIME FOR THIS SPACE. AS YOU CAN IMAGINE. 2008 WAS A LITTLE DICEY. UM, AND SO NOW THEY, THEY DO HAVE ONE OR MORE TENANTS THAT ARE LOOKING TO OCCUPY ABOUT 18,000 SQUARE FEET WHERE THAT AREA [03:45:02] IS. UM, CAN I BORROW THAT? IT LOOKS, YOU KNOW, IT'S ALSO, IT'S CLEARLY BEEN, UM, YOU KNOW, LEVELED, BUT, OR, OR YOU KNOW, UH, WHAT IS THE WORD I'M LOOKING FOR? ? IT'S PEN OUT. YES, YES. PATTED OUT. EXCUSE ME. UM, AND SO THEY WISH TO EXPAND THERE. YOU'LL SEE THAT IT'S A VERY INTERESTING LOCATION. UH, HERE'S THE AMENDED P-O-A-D-P THAT SHOWS THE MULTIFAMILY. UM, BUT THERE WAS AN EMERGENCY ACCESS LANE THAT WAS CONSTRUCTED AS PART OF THE DEVELOPMENT, UM, THAT IS THERE THAT WOULD REQUIRE US TO REMOVE, WE WOULD HAVE TO REMOVE IT TO CONSTRUCT THIS BUFFER. AND SO WE WOULD HAVE TO EAT IN TO MOST LIKELY A LOT OF THE EXISTING, UM, UH, UH, FAST FOOD RESTAURANTS THAT ARE THERE AND AS WELL AS SOME OF OUR PARKING. SO HERE YOU CAN SEE WHERE THE BUFFER WOULD NEED TO BE. AND SO, YOU KNOW, TO MEET THE CRITERIA, IT'S NOT CONTRARY TO PUBLIC INTEREST. WE NEED TO KEEP THAT EMERGENCY ACCESS THAT'S THERE EXISTING. UM, THERE IS A HARDSHIP BECAUSE WE DID CONSTRUCT THE SHOPPING CENTER OR MOST OF IT PRIOR TO THE ADJACENT MULTIFAMILY BEING ZONED. SO WE COMPLIED WITH THE, THE CONDITIONS THAT WERE IN PLACE AT THE TIME. UM, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED. THERE IS A SIGNIFICANT, UH, SETBACK AND DISTANCE BETWEEN THE APARTMENTS THAT ARE ADJACENT TO US AND THE PROPOSED BUILDING. UM, AND THERE WILL NOT BE ANOTHER USE AUTHORIZED BY, BY THIS VARIANCE. UM, WE WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY. WE'RE ACTUALLY HELPING IT BECAUSE THE BUFFER THAT WOULD BE TRIGGERED WOULD, WOULD RESULT IN UPENDING SOME OF THE EXISTING RESTAURANTS AND FAST FOOD RESTAURANTS THAT ARE THERE. UM, THIS IS A VERY UNIQUE CIRCUMSTANCE BECAUSE AS I SAID, THE APARTMENTS CAME AFTER. UM, AND WITH THAT, I RESPECTFULLY REQUEST YOUR APPROVAL OF OUR VARIANCE TODAY. AND I'M HERE FOR ANY QUESTIONS. SO, QUICK QUESTION. YES. THE POT A FROM OH SEVEN MM-HMM. , WHEN IT WAS AMENDED, DID YOU JUST AMEND THE PART THAT BECAME APARTMENTS OR DID YOU AMEND THE WHOLE POT? A I BELIEVE IT WAS JUST THE APART THAT BECAME THE APARTMENTS, BUT IT WAS A VERY, VERY LARGE PO A DP. SO I'M NOT, I CAN ONLY SPEAK TO THIS LITTLE AREA. I WAS JUST, I WAS JUST WONDERING IF LIKE A RIGHTS DETERMINATION WAS POSSIBLE. I KNOW THERE ARE SEVERAL WITHIN THE STONEBRIDGE PADP, BUT I DON'T BELIEVE THERE WAS. THERE WAS ONE, BUT I AM NOT ENTIRELY SURE. I'M ONLY WONDERING 'CAUSE THEY, I THOUGHT THEY HAD A 20 YEAR MAX LIFESPAN. SO I MEAN, IF YOU WERE COMMERCIAL AND THEN YOU JUST A AMENDED A LITTLE PIECE OF IT. MM-HMM. . BUT THE OH SEVEN ALLOW YOU THE ABILITY TO GET VESTED RIGHTS AND NOT HAVE TO COMPLY WITH THAT. I DON'T KNOW. I MEAN, THAT SEEMS A LITTLE ODD. I, I WOULDN'T MM-HMM. , I DON'T KNOW THE ANSWER. JUST WONDERING. UH, AND ALSO THE FIRE LANE THAT GOES AROUND THAT ENCAPSULATES THE REAR. MM-HMM. . SO THAT, THAT'S NEEDED FOR CONTINUITY. MM-HMM. . I DON'T, I WAS LOOKING AT YOUR SIDE PLAN. I'M TRYING TO FIGURE OUT WHERE YOU COULD POSSIBLY PUT IT. 'CAUSE YOU HAVE TO HAVE A FIRETRUCK IN THE REAR, RIGHT? YOU, I MEAN, YOU HAVE TO. I MEAN, SO YOU'D HAVE TO HAVE SOME WEIRD TURNAROUND. I DON'T THINK WE'D BE ABLE TO CONSTRUCT. I KNOW I WAS, I WAS TRYING TO FIGURE THAT OUT. OKAY. RIGHT. ALL RIGHT. THANK YOU. IS THERE ANY OTHER QUESTIONS FROM THE COMMISSION? COMMISSIONER ZUNA? I JUST HAD A QUICK QUESTION. SO IF I UNDERSTOOD YOU CORRECTLY, IF YOU WERE HAVE TO COMPLY WITH THAT LANDSCAPE BUFFER THAT WOULD THEN TAKE AWAY SOME EXISTING PARKING SPACES FROM THE FAST FOOD. IS THAT WHAT I UNDERSTOOD? OR FROM THE SHOPPING CENTER? I BELIEVE WE WOULD HAVE, IT WOULD HAVE TO EAT INTO SOME OF THE FAST FOOD RESTAURANTS THAT ARE THERE. NOT JUST THE PARKING, UM, JUST FOR THAT FIRE LANE. 'CAUSE IT WOULD HAVE TO COME ON THE OTHER SIDE OF THE BUFFER. THE BUFFER. RIGHT. UNDERSTOOD. OKAY, THANKS. SO THAT WOULD OBVIOUSLY BE THE HARDSHIP OF YES. YES. IT WOULD UPEND THE ENTIRE SHOPPING CENTER AND THE ADJACENT USERS AS WELL. UNDERSTOOD. THANK YOU. YEAH. ANY OTHER QUESTIONS? SO, SO JUST TRYING TO UNDERSTAND. SO, SO WHAT INITIATE, SO IS THERE A NEW, NEW CONSTRUCTION COMING UP AND THAT'S WHAT INITIATED THE WHOLE THING? YES. YES, SIR. AND, AND SO THE SIZE OF, OF THE ADDITION, SO I SAW IT WAS LIKE A PRETTY FAIRLY LARGE, SO, UH, GO BACK THE ONE PICTURE. LET'S SEE, ONE MORE. I THINK IT HAD THE PICTURE OF THE BUILDING LAYOUT. LET'S SEE, ONE MORE. LET'S SEE. OH, THERE WE GO. THERE IT GOES. OKAY. YES, SO, SO ESSENTIALLY, UM, YOU'RE STILL GONNA, I WAS ACTUALLY ON THAT STREET JUST NOT THAT LONG AGO AND WENT TO THE BACK OF THE PROPERTY. MM-HMM. , UH, TO PICK UP A PATIENT. AND SO, UM, SO, SO, SO THE FIRE LANE THERE IS STILL, IS STILL BEING PROVIDED THEN? UM, YES. ON THAT IN THE YELLOW PART RIGHT THERE. RIGHT. SO YES, I BELIEVE THIS RETAIL WAS ALWAYS CONTEMPLATED. OKAY. AND IT JUST WAS NOT CONSTRUCTED. SO YEAH, THE FIRE LANE IS THERE. OKAY. THANK YOU. ALRIGHT, ANY OTHER QUESTIONS? ANYONE SIGN UP TO SPEAK? ANY VOICEMAILS? NO PUBLIC COMMENT. ALL RIGHT. I'M LOOKING FOR A MOTION ZUNA COMMISSIONER ZUNA, REGARDING CASE NUMBER BO EIGHT DASH 24 DASH 1 0 3 0 0 9 5. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR A 15 FOOT VARIANCE FROM THE MINIMUM 15 FOOT BUFFER TO ALLOW THE ELIMINATION [03:50:01] OF THE BUFFER ON THE WESTERN PROPERTY LINE AS INDICATED IN THE EXHIBIT THAT WE WERE PROVIDED TODAY, UH, LOCATED AT 1 1 0 1 9 CABO ROAD, APPLICANT BEING BROWN MCDONALD, PLLC. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY AS SUCH THAT ARE 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 PUBLIC INTEREST. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY THE 15 FOOT BUFFER AGAINST A MULTIFAMILY DEVELOPMENT. THIS WOULD NOT BE CONTRARY TO THE PUBLIC INTEREST. A SETBACK WOULD STILL BE REQUIRED ON THE COMMERCIAL LOT DUE. TWO, DUE TO SPECIAL CONDITIONS. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. UH, STAFF FOUND SPECIAL CONDITIONS ON THE PROPERTY THAT COULD RESULT IN UNNECESSARY HARDSHIP, UH, BY ABIDING BY THE BUFFER STANDARDS AS A COMMERCIAL DEVELOPMENT WAS ESTABLISHED PRIOR TO THE MULTIFAMILY DEVELOPMENT. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE BY GRANTING THE VARIANCE THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN, IN SEPARATION, WILL EXIST WITH THE REQUIRED SETBACK FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THE USE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, WHICH, WHICH THE PROPERTY IS LOCATED. THE REQUESTED BUFFER ELIMINATION VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY ALL TO THE ESSENTIAL CHARACTER OF THE DISTRICT AS THE COMMERCIAL DRIVEWAY IS EXISTING. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SALT, IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT GRANTED BY THE OWNER OF THE PROPERTY. NOT MERELY FINANCIAL, NOT DUE TO THE OR, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REQUEST IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AS A COMMERCIAL DEVELOPMENT WITH ESTABLISHED PRIOR TO THE MULTIFAMILY USE. END OF MOTION. SECOND. SECOND. BY COMMISSIONER MANNA. COMMISSIONER ZUNA. YES. SO I'M GONNA BE SUPPORTING THE MOTION AS, AS READ THROUGH THE EVIDENCE OF FINDINGS HERE. UH, THE COMMERCIAL, UH, PARCEL WAS ESTABLISHED BEFORE THE MULTIFAMILY, BUT, BUT THAT CREATED THE ISSUE, UH, WITH, WITH THE BUFFER REQUIREMENT, THE FIRE LANE WILL REMAIN, WHICH PROVIDES THE FIRE ACCESS AND THE HARDSHIP HERE WOULD BE THAT THE PROPERTY WOULD NEED TO COMPLY AND IT WOULD RESULT IN, UH, TAKING, IF YOU WILL, OF SOME OF THE COMMERCIAL AND PARKING LOT, UH, PARKING AREA FOR THE PROJECT. SO I THINK, UH, IT'S, I SUPPORT STAFF'S, UH, RECOMMENDATION TO APPROVE THE VARIANCE. COMMISSIONER MANOR, I CONCUR WITH MY LAW COLLEAGUE AND I, I JUST, LIKE I SAID, DROVE AROUND THAT AREA AND SO THERE IS PLENTY OF MOVEMENT CAPABILITY ON THAT ONE ROAD. AND SO, SO I DON'T SEE ANY ISSUES, UH, UH, WITH THIS STRUCTURE GOING IS, UM, DRAWN. ALRIGHT, ANY OTHER COMMISSIONERS LIKE TO ADD TO THE DISCUSSION? ALL HEARING NONE. ROLL CALL, VOTE PLEASE. COMMISSIONER OONA? YES, I CONCUR. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER, COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER IBANEZ. I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER BENAVIDEZ. I CONCUR. COMMISSIONER BREGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. 11 TO ONE. CONGRATULATIONS. UH, ONE TO ZERO. OH, 11 TO ZERO. IT'S, IT'S, I THOUGHT I SAW MRS. CRUZ VOTING OUTSIDE. ALL RIGHT, ITEM NUMBER 15. ALL RIGHT, ITEM NUMBER 15, BO OA 24 1 0 3 0 0 0 96 LOCATED AT FIVE 15 REDMAN ROAD DISTRICT FIVE OUT BE ROBERT VAL. UM, THIS IS FOR A ONE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT FENCE HEIGHT TO ALLOW A SIX FOOT PREDOMINANTLY OPEN FENCE IN THE FRONT YARD. A VARI FOR THE 50% IMPERVIOUS FRONT CO FRONT YARD REQUIREMENT TO ALLOW A FRONT YARD WITH OVER 50% IMPERVIOUS COVER AND A FIVE FOOT VARI FROM THE MINIMUM 15 FOOT CLEAR VISION TO ALLOW A 10 FOOT DRIVEWAY CLEAR VISION ZONED. R FOUR SUBJECT PROPERTY IS LOCATED JUST NORTH OF TERRELL HILLS WEST OF FOR SAM HOUSTON. THE APPLICANT IS, IS REQUESTING AN INCREASED FENCE HEIGHT, REDUCED CLEAR VISION AND INCREASE IMPERVIOUS COVER FOR FUTURE DEVELOPMENT. UPON SITE VISITS, TEST OBSERVED AN UNEVEN ELEVATION BETWEEN PROPERTIES AND THE PROPERTY LINE. UM, 10 FEET FROM THE RIGHT OF WAY, NO INCREASE IMPERVIOUS COVER. UH, FRONT YARDS WERE OBSERVED IN THE AREA. IT IS THE SITE PLAN. SO THE, UH, PURPLE-ISH COLOR IS THE AREA FOR THE IMPERVIOUS COVER. UM, CLEAR VISION IS REPRESENTED ON THE BOTTOM WHERE IT SAYS CV AND THE SIX FOOT PREDOMINANTLY OPEN FENCE IS ON THE YELLOW UM, BORDER. THERE. SUBJECT PROPERTY, THE RIGHT SIDE OF THE SUBJECT PROPERTY SHOWING, UM, VERY DISTINCT DIFFERENCE IN ELEVATION SURROUNDING AREA. THE STAFF RECOMMENDS THAT NOW IN THE [03:55:01] FOR IMPERVIOUS COVER, UH, IN, UH, 24 DASH 1 0 3 0 0 9 6, BASED ON THE FOLLOWING FINES OF THE FACT THE VARIANCE WILL BE CONTRARY TO PUBLIC INTEREST AS IT POTENTIALLY CREATES EXCESS WATER RUNOFF. MAXIMUM IMPERVIOUS COVER STANDARDS FOR PROVIDE SUFFICIENT PARKING AREA FOR THE RESIDENTIAL LOT STAFF RECOMMENDS APPROVAL FOR THE CLEAR VISION IN BO OA 24 1 0 3 0 0 0 9 6. BASED ON THE FOLLOWING FINES OF EFFECT, THE VARIANCE WILL LEAVE SUFFICIENT SPACE FOR SAFELY EXITING ON THE LOT. DEFENSE LOCATION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND STAFF RECOMMENDS APPROVAL. UM, AND, UH, BE BO A 24 103 0 96. BASED ON THE FOLLOWING FINES OF EFFECT, THE ABUNDANT PROPERTY HAS SIGNIFICANT ELEVATION DIFFERENCE. THE INCREASE HEIGHT WILL PROVIDE ADDITIONAL AND ADEQUATE SECURITY FOR THE PROPERTY OWNER AND SURROUNDING AREA. UH, 19 NOTICES WERE MAILED OUT. ONE RECEIVED IN FAVOR? NO, NONE IN OPPOSITION. THERE'S NO REGISTERED NEIGHBORHOOD ASSOCIATION. AND THAT CONCLUDES, THAT'S, UH, PRESENTATION. UH, CAN YOU PLEASE CLARIFY THE 50% IMPERVIOUS COVER? 'CAUSE IT, I I I DON'T SEE HOW THEY'RE VIOLATING THAT. THEY'RE NOT VIOLATING THEIR PROPOSING EFFORT. FUTURE DEVELOPMENT. LIKE, LIKE WHAT? SO HE IS, AS I UNDERSTAND, THE APPLICANT IS PROPOSING A ROUNDABOUT, UH, DRIVEWAY AND THAT'S WHAT HE'S HERE TO PRESENT TO YOU. OKAY, GREAT. , I ASSUME YOU'RE THE APPLICANT IF YOU COULD . SIR, YOU'RE NOT HERE FOR ITEM SIX. YOU'RE NOT HERE FOR ITEM SIX. SO, UH, LET'S, UH, STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. GOOD EVENING. MY NAME'S ROBERT VALET OF 5 1 5 REDMAN ROAD. UM, RIGHT NOW I'M ACTUALLY A COUPLE THINGS. UM, EVERYTHING'S RELATED TO SAFETY AND SECURITY IN MY HOME. UM, OUR HOUSE, WE ENDED UP PURCHASING IT BACK IN OCTOBER OF 2021 PRIOR TO HAVING CHILDREN. AND NOW WE, WE HAVE ONE WITH ONE ON THE WAY. AND IT'S, UH, PROVEN TO KIND OF BE A HAZARD BEING ON SUCH A BUSY ROAD OVER THERE. REDMAN. UH, ORIGINALLY WHEN WE MOVED INTO THE PROPERTY, IT WASN'T ANTICIPATED TO BE AS BUSY. UM, THERE WAS A LOT OF CONSTRUCTION GOING ON ON HARRY ACH THERE. WERE ASSUMING THAT ONCE IT OPENED BACK UP THAT THERE'D BE LESS TRAFFIC COMING ON REDMAN ROAD TO GET TO AUSTIN HIGHWAY. DIDN'T PROVE TO BE THE CASE. EVERYBODY FOUND THAT WAY. SO IT STILL REMAINS PRETTY BUSY. UM, RIGHT NOW WHAT, UH, ME AND MY WIFE WERE PROPOSING TO DO IS WE WANTED TO GO AHEAD AND PUT A FENCE IN OUR FRONT YARD. WE WANT IT TO BE AESTHETICALLY PLEASING FOR THE AREA. OF COURSE, WE ALSO ARE SEPARATED. WE SHARE A ROAD WITH TERRELL HILLS. UM, BUT, YOU KNOW, UH, WE WANT TO GO AHEAD AND PUT SOMETHING THERE AS A BARRIER TO GO AHEAD AND MAKE SURE THAT, YOU KNOW, UH, OUR, OUR KIDS ARE SAFE. WE'VE HAD INSTANCES AND, YOU KNOW, WE'RE HAVING ANOTHER ONE ON THE WAY. ANYONE WHO HAS KIDS KNOWS THAT WHEN YOU GO AHEAD AND TRY AND UNLOAD ONE KID, YOU'RE TRY AND TAKE OUT ANOTHER ONE. YOU WANT TO GO AHEAD AND BE ABLE TO SET ONE DOWN OUTTA YOUR VEHICLE. YOU WANNA MAKE SURE THAT THERE'S NO HAZARDS THAT THEY CAN GO RUN DIRECTLY INTO BECAUSE WE DON'T LIVE IN A, IN AN, IN AN ACTUAL NEIGHBORHOOD THAT WE DON'T HAVE TO WORRY ABOUT THAT. SO, UM, THAT'S ONE OF THE CONCERNS FOR THAT. UM, ALSO A LOT OF THE, THE BEDROOMS ARE PRIMARILY IN THE FRONT OF THE HOUSE. UH, WE'VE HAD INSTANCES THAT SOMEBODY'S BROKEN INTO OUR CAR, THAT THEY GET CLOSE ENOUGH TO THE WINDOWS. WE ACTUALLY HAD SOMEBODY, UH, BANG ON OUR DAUGHTER'S WINDOW IN THE MIDDLE OF THE NIGHT. SO, UM, FOR THE SECURITY FACTOR, THAT'S ONE OF THE REASONS WE WANTED TO GO AND PUT UP THERE. UM, THE IMPERVIOUS DRIVEWAY, UH, WHERE IT'S MARKED WHERE IT SAYS ROCK LANDSCAPING. UM, RIGHT NOW WHEN I CALCULATED IT, IT SEEMS LIKE WE SHOULD, EVEN WITH PUTTING THAT IN, WE WOULD BE WELL BELOW THAT. UM, SO, UM, I, I WASN'T TOO SURE EXACTLY HOW IT WAS CALCULATED. I THINK I CALCULATED THE FRONT YARD WAS ALMOST 4,300 SQUARE FEET. AND EVEN WITH THE, WHERE THAT, WHERE THAT CURRENT ROCK LANDSCAPING IS, IF WE WERE TO GO AND PUT A ROUNDABOUT DRIVEWAY RIGHT IN THERE, YOU CAN SEE THERE WAS AN APPROACH THERE ALSO, UH, PREEXISTING. SO IT LOOKS LIKE THERE WAS SOME TYPE OF DRIVEWAY, UH, PREVIOUSLY ON THAT PROPERTY AT ONE POINT. UM, BUT I THINK WHEN I CALCULATED OUT, IT STILL WOULD FALL AROUND LIKE 1400 SQUARE FEET OF THE FRONT YARD WOULD ONLY WOULD BE IMPERVIOUS. SO, WHICH IS FAR LESS THAN THE 50%. OKAY. BUT THE IDEA FOR THE FENCE, UM, OF COURSE, UM, IN, IN THE FRONT, UH, LIKE I SAID FOR SECURITY REASONS, UH, WE WERE TRYING TO GO AHEAD AND GET AS CLOSE TO, UH, POSSIBLE AS A ZERO LOT LINE, UM, TO GO AHEAD AND PUT AS CLOSE AS WE COULD SO WE COULD GO AHEAD AND ALSO PUT IN THAT DRIVEWAY. UM, BEING THAT IT'S A BUSY STREET, IT, IT MAKES IT DIFFICULT. YOU CAN GO AHEAD AND SEE WHERE THE VEHICLES ARE PARKED ON THE LEFT HAND SIDE. UH, MOST SINGLE CAR, UH, DRIVEWAYS ARE NINE TO 12, UH, 12 FEET WIDE. UH, THAT ONE'S ABOUT 14 FEET WIDE, SO YOU CAN'T HAVE TWO VEHICLES PARKED NEXT TO EACH OTHER IF YOU HAVE A, FOR US, LIKE I SAID, IT, IT IS PROVEN TO BE AN ISSUE BECAUSE WE HAVE MINOR CHILDREN TRYING TO BACK OUT INTO A BUSY STREET. IT'S, IT'S VERY RISKY. SO IT MAKES IT A LOT EASIER TO HAVE A ROUNDABOUT DRIVEWAY TO GO AND BE ABLE TO PULL IN ONE SIDE AND PULL OUT THE OTHER AND BE ABLE NOT TO CAUSE AN ACCIDENT. OKAY. ALRIGHT. UM, ANNA, COMMISSIONER MADOCK. SO, SO, UM, IF I HEARD CORRECTLY, YOU, DO YOU BELIEVE IT'S UP BELOW 50% WITH REGARDS TO THE PREVIOUS COVER? YES, SIR. SO THAT ONE MAY NOT NECESSARILY BE NEED TO BE TALKED ABOUT HERE WITHIN [04:00:01] THE COMMISSION. AND AS A NOTE, UM, YOU KNOW, LIKE A RIBBON DRIVEWAY, UM, THE GRASP BETWEEN AND RIBBON RIBBON IMPLIES BASICALLY TWO PARALLEL STRIPS GOING THROUGH THE YARD. MM-HMM AND WITH THE CENTER OPEN, UM, BASICALLY THAT'S HOW A LOT OF YOU KNOW, YOU KNOW, SOMETHING THAT WOULD PROBABLY ALLEVIATE EVEN GETTING CLOSE TO THAT 50%. SO THAT'S AN OPTION FOR YOU TO CONSIDER. OKAY. UM, YOU KNOW, WITH REGARDS TO THE DRIVEWAY. SO, UM, THAT'S THE ONLY QUE YOU KNOW, POINTED QUESTION I HAD. SURE. UH, THE, UH, THE EXISTING GRAVEL, I MEAN YOU CAN SEE THAT THERE WAS AN EXISTING APRON THERE. MM-HMM. , UH, IS THAT WHERE YOU'RE WANTING THE ROUNDABOUT IS IN THAT? YEAH, SO BASICALLY WHERE YOU SEE THE BLACK GRAVEL RIGHT THERE, IT'S JUST I WANT TO GO AND HAVE IT FROM THAT EXISTING APPROACH THERE TO TIE IT INTO THE EXISTING DRIVEWAY. OH, I'M SORRY. I MEAN YOU KIND OF ALREADY HAVE A A, A ROUNDABOUT. YOU'RE JUST WANTING TO CONCRETE IT. YEAH, WE'D LIKE TO GO AND BE ABLE TO CONCRETE IT AND HAVE THE OPTION. OKAY. YEAH, I MEAN IT LOOKS, IT LOOKS, DOESN'T LOOK LIKE IT EXCEEDS 50% PERSONALLY, BUT, UM, UH, STAFF WE, WE CAN MAKE A MOTION TO NOT TO EXCEED 55 OR 60%. RIGHT? YES SIR. OKAY. ALL PUTTING THAT OUT THERE. JUST BE ON THE SAFE SIDE. I HATE TO JUST SAY YOU CAN EXCEED 50 AND THEN THAT MEANS YOU COULD PAY THE WHOLE THING IF YOU WANTED TO. UH, BUT, UM, YES, UH, I HAVE NO FURTHER QUESTIONS. ANY OTHER COMMISSIONERS HAVE QUESTIONS? AND JUST IF I CAN ADDRESS ONE MORE THING. I ALSO HAD ON THE APPLICATION, SO OVER HERE WHERE YOU, BECAUSE IT IS A SLOPING LOT, UM, OBVIOUSLY IN THE FRONT, WE HAD WENT AHEAD AND PUT IN THE REQUEST TO GO AHEAD AND, UH, DO A SIX FOOT FENCE. MM-HMM. ON THE SIDES BECAUSE A LOT, UH, SLANTS. UM, WE WERE TRYING TO SEE, UH, BECAUSE OBVIOUSLY THE FENCE WOULD BE ON OUR PROPERTY, IT WOULDN'T BE ON TOP OF THE, THEIR RETAINING WALL BECAUSE IT'S THE OTHER PROPERTY OWNERS. WE WERE TRYING TO SEE IF WE COULD GO AHEAD AND GO UP TO ABOUT SEVEN FEET ON THIS SIDE. THIS SIDE WOULD BE OKAY WITH SIX FEET BECAUSE IT DROPS OFF. BUT IF NOT, WE'RE WILLING TO GO AND CONFORM TO THE SIX FEET REQUIREMENT. WELL, WE, WE CAN ONLY ENTERTAIN A VARIANCE THAT'S ON, THAT'S ON THE, UH, ADVERTISED AGENDA. OKAY. SO IT WAS ADVERTISED WITH SIX FEET. HOWEVER, UH, FOR STAFF, IF THE RETAINING WALL FROM THE NEIGHBOR IS COMPENSATING, LET'S SAY, I'M JUST JUST GONNA THROW A NUMBER. SAY IT'S TWO FEET AND HE'S BUILDING A FENCE NEXT TO THE RETAINING WALL, DOES HE GET THE TWO FOOT ADDITIONAL LIKE YOU DO ON RETAINING STRUCTURES? OR DOES IT HAS TO BE PART OF HIS FENCE? HE HAS TO BE ON THE RETAINING WALL. OKAY. YEAH. SO IF, IF YOUR NEIGHBOR, YOUR NEIGHBOR CAN BUILD A SIX FOOT FENCE ON THE RETAINING WALL, BUT SINCE YOU'RE BELOW, SO IT WOULD HAVE TO BE SIX FOOT FROM, UH, FROM OUR GROUND LEVEL. I MEAN, UNLESS YOU BUILT ANOTHER RETAINING WALL AND FILLED THE GAP WITH GUARD OR SOMETHING, YOU CAN DO THAT. BUT AS LONG AS IT'S BEING USED AS A RETAINING WALL, YOU'RE CORRECT. , I'M, I'M BEING SERIOUS. SURE. I MEAN, BUT YEAH, THE MOST WE CAN ENTERTAIN IS SIX FEET. SO IS THERE ANY VOICEMAILS? UH, NO VOICEMAILS? WE DO HAVE SOMEBODY SIGNED UP, BUT I DON'T THINK THEY'RE HERE. MS. TRAVIS LOUIS. I BET SHE'S THE APPLICANT. I, I HAD A STAND IN FOR ME 'CAUSE I WAS, UH, I WASN'T SURE I WAS GONNA BE ABLE TO MAKE IT. OKAY. UM, ALRIGHT THEN. SO IS THERE ANY OTHER QUESTIONS? UH, HEARING NONE, UH, I WOULDN'T, I WOULD, WHOEVER MAKES A MOTION, I WOULD JUST, UH, SUGGEST MAYBE THEY PUT A PERVIS COVER LIMIT. MAYBE 55% OR SOMETHING, MAYBE 60 AT THE MOST. JUST PUTTING THAT OUT THERE. ALRIGHT, WHO'D LIKE TO READ THE MOTION? MANNA COMMISSIONER MANNA. SO, UM, THERE'S ACTUALLY TWO CASES TO BE READ HERE, OR TWO, IT'S SEPARATE IN TWO DIFFERENT CASES HERE. SO ONE'S A SPECIAL EXCEPTION. SO I'M GONNA READ THE FIRST ONE. UH, REGARDING CASE NUMBER BO 8 24 IS 1 0 3 0 0 0 9 6. I MOVE TO THE BOARD OF ADJUSTMENT GRANT THROUGH A REQUEST FOR A ONE FOOT SPECIAL EXCEPTION, UH, FROM THE MAXIMUM FIVE FOOT FENCE HEIGHT TO ALLOW A SIX FOOT PREDOMINANTLY OPEN FENCE IN THE FRONT YARD, UH, LOCATED AT UH, 5 1 5 MOND ROAD, APPLICANT BEING ROBERT VALE. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOWED THAT THE PHYSICAL CHARACTERS PROPERTY SUCH THAT LITERAL ENFORCEMENT, OTHER PROVISIONS OF THE UC AS AMENDED WOULD RESULT IN A UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION WILL, WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE ADDITIONAL FENCE HEIGHTS WILL BE IN SPIRIT AND PURPOSE OF THE CHAPTER AS SIGNIFICANT ELEVATION DIFFERENCE EXISTS BETWEEN THE NEIGHBORING PROPERTIES. B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THESE CRITERIA ARE REPRESENTED BY FENCE HEIGHTS TO PROTECT PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY. THE SPECIAL EXCEPTION WILL PROVIDE PROPER SECURITY FOR THE AREA C. THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED AS, UH, BY SUCH PROPOSED USE. THE SPECIAL EXCEPTION WILL NOT SUBSTANTIALLY INJURED NEIGHBORING PROPERTIES AS THE INCREASE IS FOR ONE FOOT ON UNEVENLY ELEVATED LOTS. D THE SPECIAL EXCEPTION WILL NOT ALTER THE SPECIAL, THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THIS PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS A FIVE FOOT FENCE IS PERMITTED AND THE FRONT YARD AND AN INCREASE, UM, EIGHT FOOT FENCE IS PERMITTED IN THE SIDE AND REAR YARD. UH, E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. THE INCREASED FENCE [04:05:01] SIDES WILL NOT WEAKEN THE GENERAL PURPOSE OF THE, UH, REGULATIONS ESTABLISHED AS THE ELEVATION DIFFERENCE WARRANTS THE NEED FOR A SPECIAL EXCEPTION. AND THE MOTION IS THERE A SECOND, SECOND, SECOND BACK. COMMISSIONER BENAVIDES. COMMISSIONER MANNA. UM, YES, SO I, UM, I AGREE WITH THE CITY'S POSITION WITH REGARDS TO, UM, I GUESS, UH, GRANTING THIS, UH, YOU KNOW, ALSO SEEING, UH, THE, THE DIFFERENCE IN ELEVATION BETWEEN THE TWO PROPERTIES. I THINK THIS IS A VALID REQUEST. SO I'LL BE VOTING IN FAVOR. COMMISSIONER BEES. I AGREE MY, WITH MY COLLEAGUE FOR THE SAME REASONS. ALL RIGHT. ANYONE ELSE LIKE TO ADD HEARING NONE. LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES. I CONCUR. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER YBANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER BREGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR THE FINDINGS OF FACT. MOTION PASSES 11 TO ZERO. UH, NOW WE'RE LOOKING FOR A MOTION ON THE CLEAR VISION AND THE IMPERVIOUS COVER. MANNA COMMISSIONER MANNA REGARDING CASE NUMBER BO A 2 4 1 0 3 0 0 0 9 6. I MOVED THE BOARD OF ADJUSTMENT GRANT REQUEST FOR ONE A VARIANCE, UH, FROM THE 50% IMPERVIOUS COVER REQUIREMENT TO ALLOW THE FRONT YARD, UH, TO HAVE AT MOST 55% IMPERVIOUS COVER AND TWO, A 5% VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION TO ALLOW A 10 FOOT DRIVEWAY CLEAR VISION, UH, LOCATED AT 5 1 5 MOND ROAD, APPLICANT BEING ROBERT VAL. UM, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE, UH, PHYSICAL CHARACTERS PROPERTY SUCH AS A LIBERAL ENFORCEMENT OF THE PROVISION, SO YOU DC AS AMENDMENT WOULD RESULT IN AN UNNECESSARY HARDSHIP SPECIFICALLY FIND THAT ONE THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THIS WOULD NOT BE CONTRARY TO THE PUBLIC INTEREST AS SUFFICIENT ROOM WILL, UH, REMAIN IN THE EXIST. UH, TWO EXISTING INTO THE RIGHT OF WAY AND THE PREVIOUS COVER WILL NOT CREATE ANY EXCESS RUNOFF INTO THE AREA. TWO, DUE TO SPECIAL CONDITIONS THAT LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF FOUND SPECIAL CONDITIONS ON THE PROPERTY THAT COULD RESULT IN UNNECESSARY HARDSHIP BY FOLLOWING THE CLEAR VISION, UM, STANDARD AS FENCE WOULD NEED TO BE PUSHED BACK INTO THE FRONT YARD AND THE PROPERTY OWNER WOULD BE LIMITED TO THE SIZE OF THE DRIVEWAY. THREE. BY GUARANTEE IN THE VARIANCE THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. BY GRANTING THE VARIANCE, THE SPEAR OF THE ORDINANCE WILL BE OBSERVED AS A 10 FOOT DRIVEWAY. CLEAR VISION WOULD REMAIN ON A LOT AND THE PROPERTY WOULD HAVE ADEQUATE PARKING FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFIC, SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH IS VARIANCE IS LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH HIS VARIANCE. FIVE. CENTRAL VARIANCES WILL NOT, UH, SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED. THE REQUESTED VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THIS REDUCED CLEAR VISION WOULD ALLOW FOR SAFE EXITING OFF OF THE PROPERTY AND THE INCREASED DRIVEWAY WILL PROVIDE FOR MORE SUFFICIENT USE OF THE RESIDENTIAL LOT. SIX APPLY TO THE OWNER OF THE PROPERTY FOR WHICH IS VARIANCE AS SAWS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED. THE REQUEST IS DUE TO UNIQUE CIRCUMSTANCES EXISTING IN THE PROPERTY AS A DISTANCE FROM THE PROPERTY LINE AND THE RIGHT OF WAY. DO NOT PROVIDE ENOUGH CLEAR VISION, DISTANCE AND THE AVAILABLE ROOM FOR AN INCREASED DRIVEWAY IN THE MOTION. SECOND, SAY GOODBYE. COMMISSIONER BENAVIDES. COMMISSIONER MANNA. UM, YEAH, SO I THINK, YOU KNOW, AS WAS STATED EARLIER, I THINK THAT, UH, PER THE DESIGN, UM, UH, OR THE DIALOGUE HERE, THAT THEY PROBABLY ARE NOT EXCEEDING THE, UH, 50% COVERAGE. UM, BUT I THINK THAT ALLOWING FOR A LITTLE BIT THERE, UM, THAT WILL ENSURE THAT IT'S NOT THE CASE. AND I THINK THE TESTIMONY PROVIDED WITH REGARDS TO, UM, HOW MANN HAS CHANGED SINCE YOU'VE, UH, I GUESS WITH THE CONSTRUCTION, YOU KNOW, I THINK THIS WILL ALLOW FOR THE, UH, THE SAFETY OF THE RESIDENTS THERE. AND SO I'LL BE VOTING IN FAVOR. COMMISSIONER BENAVIDEZ, I AGREE WITH MY COLLEAGUES. I'LL BE IN FAVOR OF THE MOTION AS WELL. ALL RIGHT. IS THERE ANY COMM OTHER COMMISSIONERS WOULD LIKE TO ADD? AND JUST TO BE CLEAR, WE'RE VOTING ON A MOTION FOR 55% LIMIT ON THE IMPERVIOUS COVER AND THEN FOR THE DECLARE VISION AS APPLIED FOR. SO CORRECT CALL, VOTE PLEASE. COMMISSIONER MANNA. I CONCUR WITH THE PS OF FACT. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER BARRINGTON? I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER YBANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER BREGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER [04:10:01] OZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF F*G MOTION PASSES, UH, 11 TO ZERO. AND SO IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF, BUT JUST SO YOU KNOW, WE, WE, IT WAS TAKEN UP TO 55%. PROBABLY DON'T EVEN NEED IT, BUT AT LEAST YOU HAVE A LITTLE PADDING THERE. PERFECT. ALL RIGHT. THANK YOU. THANK YOU VERY MUCH. YEAH. UM, DID YOU HEAR, HAVE YOU HEARD ANYTHING FROM THE, UH, APPLICANT ON ITEM SIX AT ALL? UH, WE WERE NOT ABLE TO GET AHOLD OF, UM, THE APPLICANT. UM, WE REMINDED THEM ON FRIDAY AND THEN WE TRIED TO GET AHOLD OF THEM THIS MORNING. UM, OKAY. UH, IS THERE A COMMISSIONER? I'D LIKE TO ASK FOR A, UM, UM, CONTINUANCE ON THAT ONE. WE ONLY HAVE WITH THE CONTINUANCES ALREADY, WE ONLY HAVE NINE CASES FOR JUNE 17TH. SO MOVED. I SEE EIGHT CASES. SORRY. ALL RIGHT. SO WE HAVE A MOTION BY COMMISSIONER, UH, MANNA TO CONTINUE BO 8 24 DASH 3 0 82. ITEM NUMBER SIX ON THE AGENDA TO JUNE 17TH. IS THERE A SECOND? SECOND BY COMMISSIONER BRAGMAN. UH, ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? UH, HEARING NONE. MOTION PASSES. ITEM IS CONTINUED. [ Approval of Minutes  ] UH, NEXT, THE LAST ITEM IS GONNA BE THE MINUTES. ANY, UM, THEY LOOK GREAT. I MEAN, I'M TELLING YOU THEY YES, THEY DID. THEY, THEY, THEY REALLY LOOK GOOD. SO, UM, SO WITH THAT, I'M LOOKING FOR A MOTION TO APPROVE THE MINUTES. I'M HAPPY TO MAKE THAT MOTION. OKAY, WE HAVE A MOTION BY COMMISSIONER BARRINGTON. IS THERE A SECOND? SECOND. I'M GONNA GIVE THAT TO COMMISSIONER BRACKMAN. UH, ALL IN FAVOR SAY AYE. AYE. AYE. . ANY OPPOSED? ? UH, MOTION PASSES, [ Director’s Report  ] UH, DIRECTOR'S REPORT. SO REMINDER AND WE'LL SEND Y'ALL OUT. INVITE, UM, WORK SESSION FOR JUNE 17TH. UH, LUNCH WILL BE PROVIDED BY THE, UH, UH, BRIEFING BY THE CITY ATTORNEY'S OFFICE, UM, ZONING, UH, BOA STAFF AND THE AUDITOR'S OFFICE. ALRIGHT, AND WHO'S IN CHARGE OF THE THERMOSTAT IN THIS ROOM? MONICA. GEEZ, . I MEAN, I THOUGHT WHEN THEY, THEY FIX THAT WITH THAT ROOM OVER THERE. ALRIGHT, WELL, UH, IF THERE'S NOTHING ELSE, UH, WE HEAR, HEAR BY ADUR. THIS, UH, BOARD OF ADJUSTMENTS 5 26. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.