[00:00:04]
I HEREBY CALL THE, UH, MEETING OF THE BOARD OF ADJUSTMENTS INTO SESSION AS WE CAN HAVE THE SPANISH INTERPRETER PLEASE.
YEAH, WE, UH, MESSAGED THE INTERPRETERS THAT HAVE NOT SHOWN UP YET.
UH, IF THERE'S ANYONE IN THE GALLERY THAT, THAT DOES NEED SERVICES, IF YOU COULD GET WITH STAFF, WE'LL SEE WHAT KIND OF ACCOMMODATION WE CAN MAKE.
UM, SO IF YOU COULD PLEASE CALL RO.
COMMISSIONER BENAVIDES PRESENT.
SO WE'RE AT, WE HAVE A QUORUM OF NINE, SOON TO BE 10, HOPEFULLY AT ONE 30.
SO IF EVERYONE, UH, COULD PLEASE SILENCE YOUR MOBILE DEVICES.
UH, I'D LIKE YOU TO EXTEND AN INVITATION TO JOIN ME IN THE PLEDGE, PLEASE.
I PLEDGE ALL IN THE FLAG IN THE UNITED STATES OF AMERICA.
AND TWO, THE REPUBLIC FOR WHICH STANDS.
ONE NATION UNDER INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.
I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD.
[ Briefing and Possible Action on the following items ]
WE PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION.THIS BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE.
THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS.
FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT.
LASTLY, AS CHAIR WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS, I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS A CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME OF THE MEETING.
WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL.
THE BOARD IS SUPPORTED BY THE MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA.
THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW.
WE ONLY EXAMINED THE FACTS PERTAINING TO THE RELEASE SOUGHT AND DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES.
SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL, AND THEY'RE CURRENT, 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 REGULAT REGULATIONS REQUIRED IN CHAPTER 35.
WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS FROM CHAPTER 28, ARTICLE ONE, SECTION 28 5.
IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE.
EVERY DECISION OR RECOMMENDATION TO THIS BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS.
THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD.
ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER.
AFTER EVERYONE HAS HEARD THE CASE 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 RELIEF SOUGHT REST WITH THE APPLICANT.
THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL.
SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S.
DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL.
PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS OF YOUR CASE STAFF.
STAFF WILL BE BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST.
PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OF SPECIAL EXEMPTION AND PROPERTY WITHIN 200 FEET OF THE SUBJECT.
PROPERTY CHECK MARKS INDICATES THOSE PROPERTIES OWNERS IN FAVOR OF THE REQUEST AND X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION.
FOLLOWING THIS PRESENTATION AND QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THE REQUEST FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST A PROPOSED VARIANCE FOR SPECIAL EXEMPTION.
YOU'LL BE CALLED IN ORDER THAT YOU SIGN UP TO SPEAK.
THOSE IN SUPPORT IN OPPOSITION WILL BE ALLOWED MAXIMUM THREE MINUTES PER SPEAKER AND YOU'RE NOT OBLIGATED TO USE, UTILIZE A MAXIMUM TIME LIMITATION.
FOR THOSE THAT WOULD LIKE TO GIVE UP THEIR TIME TO A SPEAKER.
THAT SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES.
THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR
[00:05:01]
A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS.NOW TODAY BECAUSE WE HAVE EIGHT CASES AND WE ONLY HAVE NINE PRESENT AT THIS POINT IN TIME, WE'RE GOING TO MOVE TO CASES THAT ARE, UH, MORE ADMINISTRATIVE IN NATURE AND OR HAVE RECEIVED STAFF APPROVAL.
THE FIRST CASE WE'RE GONNA HEAR IS ITEM SEVEN.
I UNDERSTAND THERE'S A CONTINUANCE.
UH, WHAT DATE, UH, IS THE APPLICANT REQUESTING? IT'S A TWO WEEK CONTINUANCE, RIGHT SIR? TWO WEEK CONTINUANCE FOR THE SEPTEMBER 15TH.
SO STAFF, IF YOU, IF YOU COULD PLEASE MAKE A BRIEF PRESENTATION, WE WILL.
ITEM NUMBER SEVEN IS REQUEST BY BUILD MODERN LLC FOR A HALF STORY VARI FOR THE MASS ON TWO AND A HALF STORY TO ALLOW A THREE STORY STRUCTURE LOCATED AT TWO 11 EAST CARSON LOCATED IN DISTRICT TWO.
THE STAFF RECOMMENDING DENIAL RECOMMENDING, UH, CONTIN OR REQUESTING CONTINUANCE FOR JULY 15TH.
HAS ANYONE SIGNED UP TO SPEAK ON ITEM SEVEN? THERE'S NO PUBLIC COMMENTS.
SO I'M LOOKING FOR A MOTION TO CONTINUE TO SIT, UH, JULY 15TH.
WE HAVE A MOTION BY COMMISSIONER BARRINGTON.
ITEM IS CONTINUED TO JULY 15TH.
SO IF YOU'RE HERE FOR THAT ITEM, UH, THAT'S ITEM NUMBER SEVEN AT TWO 11 EAST CARSON, YOU'RE FREE TO GO.
UH, NEXT ITEM THAT WE'RE GONNA HEAR, UH, IS ITEM NUMBER TWO LOCATED AT 4 38 SOUTH ACME ROAD.
ITEM NUMBER TWO, BO OA DASH 24 DASH 1 0 3 0 0 1 0 3.
ADDRESS BEING 2 38 SOUTH ACNE ROAD COUNCIL DISTRICT SIX, APPLICANT IS ALEX MARINO.
UM, AND HIS REQUEST FOR A 80 SQUARE FOOT VARIANCE FROM THE MINIMUM 4,000 SQUARE FEET TO ALLOW DEVELOPMENT ON A 3,920 SQUARE FOOT LOT ZONING IS R FOUR.
SUBJECT PROPERTY IS LOCATED EAST OF HIGHWAY 1 51 SOUTH OF WEST COMMERCE STREET ON SOUTH ACME ROAD.
THE APPLICANT BEING THE PROPERTY OWNER IS REQUESTING A 80 FOOT VARIANCE FROM THE MINIMUM R FOUR 4,000 SQUARE FOOT LOT SIZE FOR RESIDENTIAL DEVELOPMENT ON A 3,920 SQUARE FOOT VACANT LOT.
ACCORDING TO SUBDIVISIONS, THE PROPERTY WAS ATTACHED TO A PREVIOUS LOT AND DOES NOT QUALIFY FOR A COD.
NO PREVIOUS DWELLINGS FOUND HAVE BEEN ON THE PROPERTY AND THE APPLICANT HAS APPLIED FOR A BUILDING PERMIT WITH THE DEVELOPMENT PENDING THE OUTCOME OF THE BOARD OF ADJUSTMENT SITE PLAN, SUBJECT PROPERTY VIEW ACROSS FROM SUBJECT PROPERTY AND THEN THE EAST VIEW AND WESTVIEW.
UM, STAFF RECOMMENDATION FOR THE MINIMUM LOT SIZE STAFF RECOMMENDS APPROVAL FOR BO OAA DASH 24 DASH 0 3 0 0 1 0 3 BASED ON THE FOLLOWING FINDINGS OF FACT ONE, THE 80 SQUARE FOOT AREA VARIANCE PROVIDES ADEQUATE DISTANCE BETWEEN NEIGHBORING LOTS TO THE PROPOSED DEVELOPMENT WILL MEET THE REMAINING UDC ZONING REQUIREMENTS AND THREE, THE REQUESTED VARIANCE WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES.
STAFF MAILED 23 NOTICES, ZERO IN FAVOR, ZERO IN OPPOSITION AND NO, UH, REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET OF THE SUBJECT PROPERTY AND, UH, APPLICANT IS AVAILABLE.
LET'S HAVE THE APPLICANT COME FORWARD.
HI, UH, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT.
OH, GOOD AFTERNOON LADY AND GENTLEMEN.
MY NAME'S ALEXANDER MORENO, RETIRED VETERAN, DISABLED VETERAN.
UH, I'M JUST TRYING TO BUILD A SIMPLE HOUSE, UH, TO BEAUTIFY THE COMMUNITY, CONTINUE BEAUTIFYING THE COMMUNITY 'CAUSE THERE'S HOUSES THERE ALREADY THAT'S BEEN BUILT.
LEONARD ALREADY BUILT DOWN THE STREET, UH, ABOUT THREE, 400 HOUSES THERE.
AND I JUST WANNA CONTINUE BEAUTIFYING THE A O DISTRICT, WHICH WHERE I GRADUATED FROM.
AND, UH, I WANT, I'M INVOLVED WITH STAFFORD ELEMENTARY SCHOOL.
I DONATE EVERY YEAR THERE FOR THE KIDS.
I'M UNDERPRIVILEGED KIDS AND I WANNA CONTINUE, UH, DOING SOMETHING BETTER FOR THE COMMITTEE.
AND ALL I'M ASKING IS, UH, BE FAIR AND IMPARTIAL ON THE 80 SQUARE FEET.
ALRIGHT, THANK YOU VERY MUCH, STAFF.
IS THERE ANY PUBLIC COMMENT, UH, VOICEMAILS? NO PUBLIC COMMENT.
IS THERE ANY COMMISSIONER QUESTIONS FOR THIS APPLICANT? NO, SIR.
[00:10:01]
OKAY,SO WITH THAT, I'M LOOKING FOR A MOTION, PLEASE.
REGARDING CASE NUMBER BO A 2 4 1 0 3 0 0 1 0 3, WE DID THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR AN 80 FOOT, UM, VARIANCE FOR THE MINIMUM 4,000 SQUARE FOOT, UM, TO ALLOW DEVELOPMENT OF ON 3,920 SQUARE FOOT LOT, UH, SITUATED AT 4 3 8 SOUTH ACME ROAD.
APPLICANT BEING ALEX MORENO BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE EDC HAS EMITTED WILL RESULT IN A NECESSARY HARDSHIP.
SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
IN THIS CASE, A 3,200, UH, 920 SQUARE FOOT LOT SIZE FOR A LOT ZONED R FOUR IS NOT CONTRARY TO THE PUBLIC.
AS THE 80 SQUARE FOOT VARIANCE PROVIDES AN ADEQUATE DISTANCE BETWEEN NEIGHBORING LOTS, ALLOWS RESIDENTIAL DEVELOP ON A VACANT LOT, AND THE PROPOSED STRUCTURE WILL MEET SETBACK REQUIREMENTS.
TWO, DUE TO SPECIAL CONDITIONS OR LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE NECESSARY HARDSHIP.
A LITTLE ENFORCEMENT OF THE MINIMUM LOT SIZE STANDARDS WOULD RESULT IN UNNECESSARY HARDSHIP AS A PROPERTY'S, UH, OWNER'S OPTIONS WOULD BE LIMITED TO CHANGE OF ZONING TO ACCOMMODATE THE CURRENT LOT SIZE OR CAUSE A PROPERTY TO REMAIN UNDEVELOPED.
THREE, BY GRANTING THE VARIANCE, THE SPEAR OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE VARIANCE APPEARS TO OBSERVE THE SPEAR OF THE ORDINANCE AS A NATIVE SQUARE FOOT VARIANCE WILL NOT INJURE THE APPROPRIATE SURROUNDING PROPERTIES IN THE AREA.
FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH IS VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED.
IF GRANTED THE REQUESTED VARIANCE WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES, IT WOULD NOT ALTER THE CENTRAL CHARACTER OF THE DISTRICT OF THE PROPERTY FOR WHICH, UH, THE BASE ZONING OF THIS NEIGHBORHOOD AND THE PROPOSED DEVELOPMENT WILL MEET REMAINING UDC ZONING REQUIREMENTS.
SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE ASAD IS DUE TO UNIQUE CIRCUMSTANCES EXISTING IN THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS AND DISTRICT IN WHICH HIS PROPERTY IS LOCATED.
STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE ASAD IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTIES AS THE 39 20 SQUARE FOOT LOT DOES NOT MEET THEIR MINIMUM R FOR LOT SIZE REQUIREMENTS AND IS UNABLE TO QUALIFY FOR A COD DUE TO THE CURRENT LOT SIZE OF PROPERTY OWNERS', OPTIONS FOR FUTURE VEIL ARE SEVERELY RESTRICTED AND A MOTION.
UM, YES, I'LL, I'LL BE VOTING IN FAVOR OF THIS.
UM, I THINK THE APPLICANT, UH, IS, UH, DOING A WONDERFUL THING FOR THIS COMMUNITY AND AS, UH, SOME MEMBERS, UH, HAVE VOICED UP HERE BEFORE, YOU KNOW, WE ARE RECOGNIZED AS BEING A HOUSING SHORTAGE AND SO ANYTIME WE HAVE THE OPPORTUNITY TO PROVIDE, UM, YOU KNOW, NICE HOUSING, YOU KNOW, I THINK THAT I'LL BE FOR THAT.
I DON'T SEE ANY PROBLEM WITH THIS.
IT WILL BRING, UM, NEW CONSTRUCTION TO THE AREA.
SO I THINK MAYBE THAT WILL HELP THE AREA EVEN MORE.
ANY OTHER COMMISSIONERS LIKE TO ADD HEARING NONE UNLESS HAVE ROLL CALL VOTE PLEASE.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER VASQUEZ, I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
IF YOU HAPPEN TO HAVE ANY QUESTIONS, YOU CAN GO TALK TO STAFF.
SO AFTER I WAS LOOKING THROUGH SOME OF THE NEXT, UH, CASES, THERE ARE TWO CASES THAT APPEAR TO HAVE, UH, SUPPORT BY THE COMMUNITY AND EITHER SUPPORT OR NO RESPONSE FROM THE NEIGHBORHOOD ASSOCIATIONS.
AND THAT'S GONNA BE ITEMS NUMBER FIVE OR ITEM UH, NUMBER THREE.
IT LOOKS LIKE ITEM NUMBER FIVE HAD THE MOST, UH, SUPPORT FROM THE NEIGHBORING ASSOCIATION.
SO I'D LIKE TO BRING THAT ONE UP WHILE WE ONLY HAVE NINE COMMISSIONERS.
AND JUST FOR THE, SO THE GALLERY KNOWS WE HAVE NINE PEOPLE SEATED THERE, YOU NEED NINE TO PASS SOMETHING.
SO WE'RE TRYING TO HIT THE CASES THAT HAVE THE MOST SUPPORT, UH, UNTIL WE HAVE A 10TH MEMBER THAT WILL SHOW UP SOON.
ITEM NUMBER FIVE, BO A DASH 24 DASH 0 3 0 0 1 7.
ADDRESS BEING 1 6 1 1 BLUFF COUNCIL, DISTRICT NINE APPLICANT IS NEIL LY.
[00:15:01]
A 12 FOOT SIX INCH VARIANCE FROM THE MINIMUM 20 FOOT P-P-U-D-P-A PERIMETER SETBACK REQUIREMENT TO ALLOW AN ADDITION TO BE SEVEN FEET SIX INCHES FROM THE REAR SETBACK.THE SUBJECT PROPERTY IS LOCATED SOUTH OF NORTH LOOP 1604 WEST EAST OF HUBNER ROAD, WEST OF BLANCO ROAD.
THE APPLICANT ON BEHALF OF THE PROPERTY OWNER IS REQUESTING A 12 FOOT SIX INCH VARIANCE TO CONSTRUCT A PROPOSED ADDITION OF SEVEN FEET SIX INCHES FROM THE REAR PROPERTY LINE.
THE SUBJECT PROPERTY IS IN A PLANNED UNIT DEVELOPMENT DISTRICT OR A PUD, WHICH IS WITH THE REAR PROPERTY LINE ABUTTING A NON PUD RESIDENTIAL PROPERTY, WHICH IS CATEGORIZED AS A PUD PERIMETER ACCORDING TO THE UDC THAT PUD PERIMETER REQUIRES A 20 FOOT SETBACK PERMIT APPROVAL IS PENDING THE OUTCOME OF THE BOARD OF ADJUSTMENT AND THIS IS A SITE PLAN AND SUBJECT PROPERTY.
PROPOSED AREA OF EXPANSION IS THE PUD PERIMETER FENCE SEPARATING THE PUD RE RESIDENCE FROM THE ABUTTING NON PUD RESIDENCE.
AND THIS VIEW ACROSS FROM THE SUBJECT PROPERTY EAST VIEW OF FOND BLUFF AND WEST VIEW OF FOND BLUFF TOWARDS THE FAWN PARK ENTRANCE.
STAFF RECOMMENDATION FOR THE PUD PERIMETER SETBACK VARIANCE STAFF RECOMMENDS DENIAL ON BO OA TWO FOUR DASH 0 3 0 7 BASED ON THE FOLLOWING FINDINGS OF FACT, THE VARIANCE DOES NOT ALIGN WITH THE UDC REQUIREMENT OF THE 20 FOOT PERIMETER SETBACK.
REQUIREMENT OF A PLAN UNIT DEVELOPMENT AS IT IS DIRECTLY AFFECTS THE ABUTTING NON NEIGHBOR TO THE REQUEST WILL INRE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES AND ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT STAFF MAILED 14 NOTICES.
THREE WERE IN FAVOR, ZERO IN OPPOSITION.
AND THE DEERFIELD HOMEOWNER ASSOCIATION IS IN FAVOR.
THIS IS THE DEERFIELD HOMEOWNER ASSOCIATION LETTER AND THIS IS THE IN FAVOR LETTERS.
AND THIS CONCLUDES STAFF'S PRESENTATION.
ALL RIGHT, IS THAT THE APPLICANT? COME FORWARD.
I'M THE BUILDER REPRESENTING ALMA AND GARY AND I DO HAVE SOME, I DIDN'T KNOW MELANIE WAS GONNA DO SUCH A THOROUGH JOB, BUT I DID TAKE SOME OTHER PICTURES AND THINGS THAT I WANTED TO SHOW.
ALL RIGHT, SO THIS IS THE EXISTING, UH, PATIO THERE AND WE'RE JUST ASKING FOR AN EXCEPTION TO, UH, BE ABLE TO BUILD ONTO THAT FIVE FOOT 10 BY, UH, 14 IS NOT A REAL FUNCTIONAL SPACE FOR AN OUTDOOR COVERED AREA.
UM, AND SO WE'D LIKE TO EXTEND THAT AREA, UH, FURTHER BACK.
UM, IF YOU COULD GO TO THE NEXT SLIDE PLEASE.
UH, THIS IS WHAT WE'D LIKE TO BUILD.
IT'S A 3D GRAPHIC OF IT, UH, BUT IT WOULD GO OUT ANOTHER 11 AND A HALF FEET BE 15 FEET ACROSS.
IT WOULD JUST BASICALLY EXTEND THAT AREA TO NOW A USABLE, UH, ROUGHLY 15 FOOT BY 15 FOOT, UH, COVERED AREA, UH, FOR, FOR ALMA AND GARY.
UM, AND ANOTHER VIEW OF IT THERE, UH, IF YOU CAN GO AHEAD TO THE NEXT ONE, UH, UH, PLANNED VIEW OF IT, UH, AS WELL.
AND THEN JUST AN EXAMPLE OF SOMETHING WE'VE BUILT THIS YEAR THAT'S VERY SIMILAR WHERE WE'RE EXTENDING OFF, IT'LL BE DONE WITH EXCELLENCE AND DONE IN A WAY THAT THAT LOOKS SHARP.
IT'S A VERY NICE NEIGHBORHOOD, UM, GUARDED GATE.
UH, THE PROCESS, GETTING THE APPROVAL FROM THEM WAS MORE THOROUGH THAN MOST, UH, I HAD A PHONE CONVERSATION WITH AND THEY CAME AND VISITED THE SITE, ALL OF THAT KIND OF STUFF.
SO IT'S A LITTLE MORE, IT'S, IT'S A NICE NEIGHBORHOOD AND THEY'VE GIVEN US, UH, PERMISSION FROM THEIR HALF.
UM, THE OTHER PARTS THAT WE'VE GOT ARE THE LETTERS.
UH, SAME MAP THAT WE SHOWED, WE THOUGHT THE THREE MOST RELEVANT WERE THE ONES AROUND IT.
THIS IS, I'M NOT A SURVEYOR, BUT JUST USING ADOBE AND TAKING THE 20 FEET AND THEN DRAWING A LINE.
IT'S ABOUT 50 YARDS, A LITTLE MORE TO THE BACK OF THE HOUSE THAT'S MOST AFFECTED.
UM, THEY JUST HAVE HUGE BACKYARDS BEHIND THEM.
I THOUGHT THAT WAS RELEVANT FOR WHAT WE'RE ASKING FOR.
UM, THIS IS THE VIEW BEHIND, YOU CAN HARDLY SEE IT.
THAT'S THE 4 14 10 FAWN HAVEN.
AND UH, THAT'S THE HOUSE THAT I THINK IS OVER 50 YARDS FROM, FROM THEIR BACK PATIO.
AND THERE'S THEIR LETTER OF ACCEPTANCE.
THE NEXT HOUSE, UH, UH, YOU CAN GO AHEAD.
UM, THAT'S TO THE EAST, UH, IT'S 1615 FAWN BLUFF.
AGAIN, NOT A LOT OF VISUAL THERE, UH, FOR 'EM.
[00:20:01]
APPROVED AS HAS THE HOUSE TO THE WEST.SO YEAH, WE WERE JUST ASKING FOR PERMISSION TO, TO BUILD BACK INTO THAT.
UM, ANY QUESTIONS? UH, SURE, UH, I WAS GONNA SEE IF THERE WAS ANY PUBLIC COMMENTARY FIRST THERE.
IS THERE ANY ON THIS ONE? NO PUBLIC COMMENT.
UH, JUST TO BRIEFLY START OFF, I NOTICED THAT ON YOUR, UM, SURVEY THERE'S A FIVE FOOT UTILITY EASEMENT IN THE REAR, SO YOU'RE NOT BREAKING INTO THAT.
I ALSO COULDN'T HELP BUT NOTICE THAT THE NEIGHBOR BEHIND YOU HAS A 20 FOOT UTILITY EASEMENT.
SO, SO I JUST WANTED TO MAKE SURE THAT WAS THE CASE.
UM, AND YOU, YOU WENT THROUGH THE, UH, ARCHITECTURAL CONTROL COMMITTEE, THE HOA? YES, SIR.
ANY COMMISSIONER QUESTIONS MR. MANA? SO, UM, SO DID, I'M TRYING TO UNDERSTAND, UH, COULD YOU BRING UP THE MAP AGAIN FOR THE, WHO VOTED FOR, OR I GUESS WHO WROTE IN, AND SO WAS THERE DIRECT INPUT FROM THE ONE DIRECTLY BEHIND YOU? SO THERE WAS, YES SIR.
WE'VE GOT THE DIRECT INPUT FROM THE ONES RIGHT NEXT TO AND DIRECTLY BEHIND.
AND DO WE KNOW IF, UM, SO THE, THE, THE NEIGHBORHOOD ASSOCIATION WITH, UH, FA HAVEN DID, WERE THEY REACHED OUT TO AS WELL? DO WE KNOW IF THERE'S A FORMAL ORGANIZATION WITH THEM? NOT TO MY KNOWLEDGE.
SO, SO QUESTION FOR CITY STAFF.
WAS THERE A NEIGHBORHOOD ORGANIZATION IDENTIFIED FOR THE, UH, BUDDING PROPERTY ON THE BACKSIDE? UM, THAT'S NOT A MEMBER, I GUESS THAT'S NOT PART OF THIS NEIGHBORHOOD ORGANIZATION.
SO DEERFIELD IS THE ONLY ONE REGISTERED WITH THE CITY OF SAN ANTONIO.
UM, THERE IS NO OTHER COMMUNITY OR NEIGHBORHOOD ASSOCIATION, UH, REGISTERED WITH THE CITY.
SO 4, 4 14, I'M SPEAKING SPECIFICALLY 1410 FA HAVEN.
SO THAT'S SO SAME POSITION, CORRECT? YEAH, THE ACTUAL DEERFIELD IS NOT ON THE SUBJECT PROPERTY.
IT STARTS WITH THE PROPERTY BEHIND THEM.
I UNDERSTAND, BUT I WAS ASKING IF THE NEIGHBORHOOD BEHIND THEM, BECAUSE THEY'RE THE ONES THAT HAVE THE R SIX OR THE LARGE LOT THAT, UH, WILL BE IMPACTED BY THIS, THIS DECISION HERE.
AND SO JUST SEEING IF THEY HAD ANY POSITION OUTSIDE OF THE NEIGHBORHOOD THAT'S DIRECTLY IMPACTED.
YEAH, WE DIDN'T RECEIVE ANY, SIR.
YEAH, IT, IT, CORRECT ME IF I'M WRONG, BUT THE DEERFIELD NEIGHBORHOOD ASSOCIATION THAT DID WAS IN SUPPORT THAT IS REGISTERED.
THEY ARE THE NEIGHBORHOOD ASSOCIATION BEHIND, CORRECT.
AND THEN IT SEEMS LIKE THE BOUNDARY IS RIGHT BEHIND THE SUBJECT PROPERTY.
YEAH, SO, SO THEY DID GET THAT ONE, BUT THEN HE ALSO GOT A CC APPROVAL FROM THE ONE THAT HE'S ACTUALLY IN.
SO I JUST WANTED, I WANTED TO MAKE SURE.
SO I, I GUESS I DIDN'T CAPTURE THAT PART, SO, OKAY.
SO BOTH NEIGHBORHOOD ASSOCIATIONS ARE IN, IN AGREEMENT.
ALRIGHT, AND, UH, IS THERE ANY OTHER COMMISSIONER QUESTIONS? UH, HEARING NONE, I'M LOOKING FOR A MOTION MANANA.
COMMISSIONER MANNA REGARDING CASE NUMBER BO A 2 4 1 0 3 0 0 1 0 7.
I MOVE THAT THE BOARD ADJUSTMENT GRANT A REQUEST FOR A 12 FOOT SIX INCH VARIANCE FROM THE MINIMUM 20 FOOT PED PERIMETER SETBACK REQUIREMENT TO ALLOW IN ADDITION TO BE SEVEN FOOT SIX INCHES FROM THE REAR SETBACK, SITUATED AT 1611 FAWN BLUFF.
UH, APPLICANT BEING NEIL, THE THEORY, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE APPLICANT, UH, IS REQUESTING A VARIANCE, UH, TO THE REAR SETBACK TO ALLOW AN ADDITION OF SEVEN FOOT SIX INCHES FROM THE REAR PROPERTY LINE.
STAFF FINDS THAT THIS IS TO BE AN ALLOWABLE DISTANCE, AS IT WILL NOT DIRECTLY AFFECT THE ADJACENT NEIGHBOR OR NEIGHBORING RESIDENCES WITHIN THE PLANNED UNIT DEVELOPMENT.
TWO, DUE TO SPECIAL CONDITIONS THAT LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE, UH, PUD PERIMETER SETBACK STANDARDS WOULD RESULT IN UNNECESSARY HARDSHIP AS A 20 FOOT SETBACK LIMITS THE PROPERTY OWNER'S ABILITY TO EXPAND DEVELOPMENT WITHIN THE BOUNDARIES, UH, OF THEIR PROPERTY.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE 12 FOOT SIX INCH VARIANCE APPEARS TO OBSERVE THE SPIRIT OF THE ORDINANCE THAT WILL NOT INJURE THE SURROUNDING PUD RESIDENCES OR ABUTTING NON PUD RESIDENCES WITHIN THE AREA.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THIS VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED.
IF GRANTED A SEVEN FOOT SIX INCH, UH, DISTANCE FROM THE REAR PROPERTY LINE WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT CONFORMED PROPERTY OR THE, AND THE ADDITION WILL ADHERE TO ALL UDC SETBACK REQUIREMENTS.
APPLY TO THE OWNER PROPERTY FOR WHICH PROPERTY, UH, OF ITS VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT OF WHICH HIS PROPERTY IS LOCATED.
[00:25:01]
STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH OF VARIANCE AS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING IN THE PROPERTY AS THE SIZE A LOT AND DISTANCE.UM, UM, NAN, UH, P RESIDENCES AND OF MOTION.
SO, SO I'M EXCITED TO HEAR THAT.
UM, ALL THE PARTIES INVOLVED, UH, UM, ARE, UH, IN FAVOR.
AND SO BECAUSE OF THAT, UM, AND IT ACTUALLY DOES LOOK LIKE A VERY NICE SETUP, UH, FOR THE, UH, COMMUNITY.
I AGREE WITH MY, MY COLLEAGUE BECAUSE OF ALL OF THE SUPPORT, UM, THAT YOU'VE RECEIVED.
I'LL, I'LL BE VOTING IN FAVOR OF.
IS THERE ANY OTHER COMMISSIONERS' LIKE TO ADD? I'D JUST LIKE TO SAY THAT, UM, UM, THE LOT, UH, I JUST NOTICED, UM, WANTED TO POINT OUT ALL THE LOTS BEHIND ARE VERY, VERY DEEP AND, UH, WITH THE 20 FOOT UTILITY EASEMENT, THERE'S GOING TO BE PLENTY OF SETBACKS, SO, UH, I'LL BE IN SUPPORT AS WELL.
HEY, UH, ONE YES, COMMISSIONER D.
CAN WE LIMIT IT TO JUST THE SITE PLAN? IS THAT ACCEPTABLE AMENDMENT OR, UH, UH, WHAT IS, WHAT IS THE, UH, AMOUNT ON THE SITE PLAN? BECAUSE THE LOT DOES GET NARROWER AT ONE SIDE AND THE EASEMENT MAY BECOME AN ISSUE.
SO IT DOES LOOK LIKE, UH, SOME, OR SEE, IT'S, UM, LET'S SEE.
CAN WE BRING UP THE, THE, UH, BLUEPRINT OF THE, YEAH.
HOW, HOW WIDE IS THIS, UH, STRUCTURE? IT'S 15 FEET.
SO WE COULD DO A LIMIT TO 15 FEET WIDE IF THAT WOULD BE, UH, I ACCEPT THAT.
I ACCEPT THAT, UH, UH, FRIENDLY AMENDMENT.
SO WE HAVE A, UH, MOTION THAT WAS AMENDED BY FRIENDLY AMENDMENT TO BE LIMITED TO A 15 FOOT WIDTH, UH, TO GO DOWN TO THE SEVEN AND A HALF FOOT SETBACK.
AND WITH THAT, LET'S HAVE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDES? I CONCUR.
COMMISSIONER BARRINGTON? I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER VASQUEZ, I CONCUR.
AND I ALSO CONCUR WITH THE FINDINGS OF FACT.
YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF.
ALRIGHT, UH, WE'RE GOING TO NOW GO TO ITEM NUMBER THREE, UH, WHICH SEEM TO HAVE GARNER THE, THE MOST SUPPORT OF THE REMAINING ITEMS. SO ITEM NUMBER THREE, LOCATED AT 5 0 6 CHALMERS AVENUE.
OKAY, ITEM NUMBER THREE, BO OA 24 1 0 3 0 0 1 0 4.
ADDRESS 5 0 6 CHALMERS AVENUE COUNCIL DISTRICT FIVE APPLICANT CONCEPTION ROBLES.
A REQUEST FOR ONE, A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN ATTACHED CARPORT TO BE ONE INCH FROM THE SIDE SETBACK TO INCLUDE A ONE FOOT OVERHANG, A SIX FOOT SIX INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION TO ALLOW A EIGHT FOOT SIX INCH DRIVEWAY CLEAR VISION.
AND THREE, A ONE FOOT VARIANCE FROM THE MAXIMUM FIVE FOOT HEIGHT TO ALLOW A SIX FOOT PREDOMINANTLY OPEN FENCE IN THE FRONT YARD.
THE SUBJECT PROPERTY IS LOCATED ALONG CHALMERS AVENUE SOUTH OF DIVISION AVENUE LOCATED WITHIN THE ST.
LEO'S NEIGHBORHOOD ASSOCIATION.
THE APPLICANT WAS ISSUED A NOTICE OF VIOLATION ON MAY 21ST, 2024 FOR CONSTRUCTING A CARPORT FENCE WITHOUT A PERMIT.
A DAY AFTER THE NOTICE, THE APPLICANT SUBMITTED A FENCE PERMIT APPLICATION LISTING FIVE FEET IN HEIGHT.
UPON SITE VISITS, IT WAS FOUND THAT THE HIGHEST POINT WAS ROUGHLY SIX FEET AND THE HEIGHT WAS ADDED TO THE REQUEST ALONG WITH A CLEAR VISION VARIANCE DUE TO THE LOCATION OF THE FENCE GATE.
WITH REGARDS TO THE CARPORT, STAFF FOUND IT WAS CONSTRUCTED WITHIN AN INCH OF THE PROPERTY
AND HERE THE APPLICANT STATED, UH, WITH THE GAS METER RIGHT THERE, UM, THAT THEY WERE CONCERNED.
AND THAT'S THEIR PURPOSE FOR HAVING THE CARPORT AS IT IS CLEAR VISION, REQUEST MEASUREMENTS AND THE SURROUNDING AREA.
STAFF RECOMMENDATION FOR THE SIDE SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO OA 24 1 0 3 0 0 1 0 4 BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUEST WILL ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD AND THE REDUCED SIDE SETBACK WILL
[00:30:01]
POSE WATER RUNOFF ISSUES AND INCREASED RISK FOR FIRE SPREADING.THE STAFF RECOMMENDATION FOR THE DRIVEWAY CLEAR VISION VARIANCE IS APPROVAL AND BOA 24 1 0 3 0 0 1 0 4 BASED ON THE FOLLOWING FINDINGS OF FACT, THE SUITABLE CLEAR VISION SPACE WILL REMAIN TO SAFELY BACK UP INTO A RESIDENTIAL LOCAL STREET.
AND THE FENCE LINE IS LOCATED IN AN ESTABLISHED DISTANCE IN THE SURROUNDING AREA.
AND FOR THE FENCE HEIGHT, SPECIAL EXCEPTION STAFF RECOMMENDS DENIAL AND BOA 24 1 0 3 0 0 1 0 4 BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUEST WILL ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD AND NO OTHER SIMILAR FENCE HEIGHT IN THE FRONT YARD WAS SEEN IN THE IMMEDIATE AREA.
STAFF MAILED OUT 37 NOTICES RECEIVED ONE IN FAVOR, ZERO IN OPPOSITION, AND ST.
LEO'S NEIGHBORHOOD ASSOCIATION DID NOT RESPOND.
AND THIS WAS THE ONE RECEIVED IN FAVOR.
AND THIS CONCLUDES STAFF PRESENTATION.
THE APPLICANT IS AVAILABLE ALSO FOR THE TRANSLATOR.
UH, SO, UM, THIS APPLICANT, IF I COULD SUGGEST THAT THEY, UH, INTERPRETERS IS ON THE WAY.
UH, SO, UM, UNLESS THERE'S ANY OBJECTION, I'D LIKE TO TABLE THIS ITEM, UH, AND WE'LL MOVE ON, UH, TO, TO ANOTHER ITEM ON THE AGENDA UNTIL SUCH TIME THE INTERPRETER IS PRESENT.
SO I'LL BE, I'M TABLING ITEM NUMBER THREE TILL, UH, TILL LATER IN THE MEETING.
[ Approval of Minutes ]
THE MINUTES.UM, I KNOW COMMISSIONER BRAGMAN WILL BE HERE VERY, VERY SOON.
SO IF WE COULD, IF THERE WAS, I KNOW I HAD SOME, UH, REVISIONS.
I DIDN'T KNOW IF YOU RECEIVED ANY FURTHER REVISIONS.
YES, I RECEIVED YOURS AND, UH, COMMISSIONER BARRINGTON'S.
UM, AND THEN I SUBMITTED SOME EARLIER TODAY, SO I APOLOGIZE FOR SUBMITTING IN LATE.
AND YOU DID, UH, COMMISSIONER AMANDA, DO YOU BASE THOSE ON, UM, THE ONES THAT WERE E EMAILED OUT THIS MORNING? YES.
MINE WERE AMENDMENTS AND, UH, ONE WAS JUST CLARIFICATION FOR THE FENCE, UH, THE, THE METAL CORRUGATED FENCE TO FURTHER DEFINE THAT IT, UH, ONLY GO TO THE BACK OF THE, THE HOUSE.
UM, JUST CLARIFY THE, THE LANGUAGE, 'CAUSE THE LANGUAGE IS A LITTLE CONFUSING, SO I JUST ADDED SOME CLARITY THERE.
AND THEN, UH, THE SECOND ONE WAS, UM, UM, ON THE ONE WITH REGARDS TO, UH, IT HAD TO DO WITH INCLUDING AS PER SITE PLANS.
AND I THINK THAT WAS DISCUSSED IN THE DIALOGUE AND I FORGOT WHICH ONE THAT ONE WAS.
AND THEN COMMISSIONER BARTON, DID YOU, DID YOU I I SUBMITTED THEM.
SO WITH THAT, I'M LOOKING FOR A MOTION MOVE, APPROVAL MOVE.
SECOND AND A SECOND BY COMMISSIONER
SO NOW WE, ON THE REMAINING ITEMS, UM, STAFF, DO YOU HAVE ANY SUGGESTIONS ON ONE THAT MAY BE ASIDE FROM ITEM NUMBER THREE? MIGHT BE THE, THE ONE WITH THE, UM, BEST LEVEL OF SUPPORT FROM THE NEIGHBORS OR THE NEIGHBORS ASSOCIATION? ONE SECOND.
ITEM NUMBER EIGHT HAS NEIGHBORHOOD ASSOCIATION SUPPORT.
UM, IF YOU WANNA TAKE THAT ONE.
I ALSO HEARD, UM, UH, A REQUEST FOR A BREAK.
UH, SO WHY DON'T WE TAKE A FIVE MINUTE BREAK AND, UH, WE'LL SEE IF, UH, COMMISSIONER, WHERE COMMISSIONER BRAGMAN IS AT THAT TIME.
WE'LL RECONVENE AT, UH, ONE 40.
WE'RE CALLING, UH, THE, THE MEETING BACK INTO SESSION AND WE WILL BE BRINGING ITEM NUMBER THREE, UH, FROM THE TABLE WHEN I STARTED.
UH, I BELIEVE STAFF HAS ALREADY MADE THEIR PRESENTATION.
UM, LET'S HAVE THE APPLICANT COME FORWARD.
SHE'S GONNA GET A HEADPIECE REAL QUICK.
[00:35:52]
SURE.SO SHE'LL USE THIS MIC CONCEPTION FLORES ROBLES 5 0 6 CHAL CHALMERS.
UH, IF SHE COULD TELL US ABOUT HER PROJECT.
I'M, I'M GONNA TRY, I'M VERY NERVOUS.
DON'T TAKE YOUR, TAKE YOUR TIME.
IT'S TOO CLOSE TO THE, TO THE NEIGHBORS.
IT'S VERY CLOSE BECAUSE THEY ARE TOO CLOSE TO THE EDGE.
AND, UH, THE, UH, GAS METER IS ON THAT SIDE OF THE HOUSE.
HE, HE, HER HUSBAND IS 76 YEARS OLD AND SHE SAYS SHE'S WORRIES ABOUT HIM WHEN HE PULLS IN.
HE DRIVES WELL, BUT SHE HAS TO BE THERE TO MAKE SURE THAT HE DOESN'T, UH, HIT THE EDGE.
LONE STAR, THEY USED TO LIVE ON, UH, 3 4 1 LONE STAR AND THEIR FENCE.
WE HAD THE SAME PROBLEM WITH THE NEIGHBOR THERE.
WE CAME HERE TO ARGUE OUR CASE ON THAT
AND THEY, UH, ALLOWED ME, YOU ALLOWED ME TO KEEP IT AS IT WAS
[00:40:04]
LONE.THE, THEY SOLD THE HOUSE ON LONE STAR.
THEY USED THE PROCEEDS FROM THAT SALE TO BUY THE HOUSE ON CHALMERS.
THE LOT WAS LARGE AND 5 0 6 IS WHERE WE BUILT THE HOUSE.
WHEN I FINISHED PAYING OFF THE HOUSE, THE NEW HOUSE APPLIANCES, I WAS, HAD SOME MONEY LEFT OVER AND I WAS ABLE TO BUY THE APPLIANCES, REFRIGERATOR AND STOVE AND MICROWAVE.
THESE WERE, THESE APPLIANCES WERE IN BOXES.
SOMEONE BROKE INTO HER HOME AND STOLE HER APPLIANCES.
THIS FENCE WAS THE SAME ONE THAT WAS AT THE PREVIOUS ADDRESS.
THEY TOOK IT OUT OF THAT PREVIOUS ADDRESS AND BROUGHT IT TO THE NEW ADDRESS TO INSTALL WHEN THEY LIVE ON 5 0 2.
UH, ONE DAY WHILE THEY WERE IN THE FRONT ROOM BETWEEN NINE AND 10 O'CLOCK, THEY SHOT OUT HER WINDOW WITH A PISTOL.
I WAS INSIDE AND IT FRIGHTENED ME VERY MUCH.
IT BROKE THE WINDOW REPORT POLICE, SHE MADE THE REPORT TO THE POLICE.
THEY, UH, THE POLICE CAME AND, AND LOOKED TO SEE HOW MANY BULLETS HAVE BEEN FIRED.
THAT IS THOSE TWO REASONS IS WHY SHE DECIDED TO BUILD THE, TO PUT THE FAILED FENCE THERE BECAUSE OF THE, UH, BREAK-IN THAT, UH, THE WAY THEY STOLE HER APPLIANCES AND THE SHOOT SHOOTING OF HER WINDOWS WINDOW.
SHE SAYS THAT THE WATER THAT FALLS, UM, FALLS ON HER CARPORT.
THE, THE WATER THAT FALLS OFF THE HOUSE NEXT DOOR FALLS ON HER CARPORT.
I THINK THAT'S ALL I HAVE TO SAY TO YOU.
SHE SAYS SHE'S HAD PROBLEMS WITH THE NEIGHBORS FROM THE VERY BEGINNING.
I TRY NOT TO HAVE ANY TROUBLE WITH ANYBODY.
SHE, I THINK THAT OUR HOUSE IS THE PRETTIEST ONE IN THAT AREA, AND I THINK THAT'S WHY THEY, UH, ARE, UH, ANGRY WITH US, THE NEIGHBORS
UH, WE'LL SEE IF WE HAVE ANY QUESTIONS OR ARE THERE ANY QUESTIONS FROM THE COMMISSION? MANANA, MR. MANANA? SO QUESTION FOR CITY STAFF.
SO I WAS LOOKING AT THE PICTURE OF THE, THE, UM, OVERHANG FOR THE CARPORT AND FROM, FROM AN
[00:45:01]
OBSERVATION, IT LOOKS, IF I GATHER RIGHT, IT'S OVER THE FENCE BY, UH, LIKE A FOOT.IS THAT TRUE? UH, THE, AND IS THAT WHAT YOU WANT ME TO CUT OFF? SO WE DID, WE DID OBSERVE, LIKE YOU'RE OBSERVING THAT IT DID GO OUT THE PROPERTY LINE.
WE INFORMED THE APPLICANT THAT IF YOU APPROVE THIS, SHE STILL HAS TO CUT IT DOWN TO THE ONE INCH.
SO, SO THAT'S OUTSIDE OF, KIND OF, OUTSIDE OF THE DIALOGUE THAT WE HAVE, BUT JUST THE RECOGNITION THERE.
AND SO THAT'S MANAGED ACTUALLY BY, BY THE CITY ITSELF.
AND SO ONE OF THE THINGS THAT WE DO TALK ABOUT IS, UM, UM, IN ENSURING THAT WE AREN'T FLOODING OUR NEIGHBOR'S PROPERTY, WHICH SHE'S IDENTIFIED AS HER NEIGHBOR IS KIND OF DOING, BUT WE ALSO DON'T WANT HER NECESSARILY DOING IT EITHER.
AND SO ONE OF THE QUESTIONS IS, YOU KNOW, HOW DO WE ADD, HOW DO WE MITIGATE THE WATER RUNOFF FROM, FROM THIS ROOF ONTO THE NEIGHBORING PROPERTY? AND SO JUST TRYING TO FIGURE OUT HOW WE CAN DO THAT.
SHE'S IN AGREEMENT THAT WHATEVER YOU THINK SHOULD BE DONE.
WELL, UM, I'LL JUST LIKE TO JUST CHIME IN.
UH, THIS, THIS, THIS IS SO NARROW AND, AND IT SEEMS LIKE THE ONLY APPROPRIATE THING WOULD BE TO ONLY ALLOW THE SUPPORT BEAMS TO BE WITHIN AN INCH AND HAVE THE ROOF NOT, NOT GO ANY CLOSER THAN 12 INCHES.
AND THE WAY THERE'S ROOM FOR A GUTTER, SOME SORT OF A GUTTER DEVICE TO BE ON THE SIDE OR SOMETHING.
SO I CONCUR WITH MY COLLEAGUE, YOU KNOW, JUST TRYING TO FIGURE OUT HOW, HOW TO MANAGE THAT.
AND SO THAT WOULD PROBABLY BE WHAT HE SAID.
THAT'S WHAT I HAVE THOUGHT SHE SAID.
UM, IS THERE ANY OTHER QUESTIONS? AND SO, UH, SECOND QUESTION IS, UM, YOU KNOW, THE DEFENSE IS A LITTLE BIT TALL, BUT CAN, CAN A MOTION BE READ SUCH THAT JUST THE POSTS ARE ALLOWED TO BE HIGHER OR AS HIGH AS THEY ARE, BUT THE, THE REST OF THE FENCE CAN'T BE HIGHER THAN THE 65 INCHES? SO AS TO UM, SAY THAT, UM, YOU KNOW, TO LIMIT THAT SURE, WE CAN, UH, WHOEVER MAKES A MOTION CAN CERTAINLY DO THAT.
IS THIS, UH, HER, IS HER FENCE TOO TALL? IS THAT WHAT THE I'M TRYING TO, SO WHAT, WHAT HAPPENS IS, AND YOU LET ME EXPLAIN IT TO YOU, THEN YOU CAN, OKAY.
SO WE CAN GRANT VARIANCES, BUT IT'S VERY COMMON FOR THIS COMMISSION TO ONLY GRANT WHAT IS NECESSARY.
SO IF THE POSTS ARE SLIGHTLY HIGHER, BUT THE FENCE ITSELF, UM, THE PANELS ARE A LITTLE BIT LOWER, WE, WE, WE MAY ONLY WANT TO ENTERTAIN A MOTION FOR WHAT'S ACTUALLY THERE INSTEAD OF GIVING THAT HEIGHT ACROSS THE ENTIRE FENCE.
SO, SO LIKE IF YOUR, IF YOUR POSTS ARE, ARE SLIGHTLY HIGHER THAN THE, TO ALLOW THE POSTS TO BE TALLER THAN THE, THAN THE FLATS, THE PANEL, WHICH IS WHAT IS THERE NOW.
SO YOU LOOK AT IT'S LIKE THAT NOW? YES.
YOU SEE THE PICTURES BE HELD, THE POSTS HIGHER THAN THE FENCE.
SO IF, SO THAT WE'RE NOT, IT WOULD JUST BE FOR WHAT IS THERE AND NOT ANYMORE.
MY, MY PROPERTY IS NOT LEVEL, THERE ARE PARTS THAT GO DOWN, UH, ON THE, THE TOPOGRAPHY.
SO, UM, SO JUST TRYING TO UNDERSTAND WITH REGARDS TO THE, UM, DIALOGUE ABOUT THE CARPORT.
[00:50:01]
THE POST WILL BE ALLOWED TO BE WITHIN THE ONE INCH, BUT THAT THE, UM, UM, BUT THAT THE, UM, CORRUGATED ROOF CANNOT BE, UH, WITHIN SO MANY INCHES, YOU KNOW? SO I GUESS HOW WOULD THAT BE? I WOULD JUST SAY THAT, THAT YOU WOULD HAVE TO READ IT IN TWO PARTS.I MEAN, IT WOULD BE A VARIANCE FOR A FOUR FOOT 11 VARIANCE FOR SUPPORT POSTS, UH, WITH A, UH, FOUR FOOT VARIANCE FOR ANYTHING ELSE.
WELL, A FOUR FOOT VARIANCE TO ALLOW IT TO BE UP TO, YOU KNOW, ONE FOOT.
AND PLEASE CORRECT ME IF I'M, SO YOU'RE SAYING YOU WANT THE CARPORT ROOF TO STOP AT ONE FOOT AND THEN, OR WHATEVER, WHOEVER THE MAKER MAKES, I MEAN, WHATEVER'S ADEQUATE FOR A GUTTER IT COULD BE SIX INCHES OR I THINK SIX INCHES MIGHT BE FINE.
THAT WAY THE GUTTER'S ACTUALLY RUNNING DOWN THE SIDE OR, UH, THE APPLICANT COULD AMEND THEIR REQUEST TO ADD GUTTERS AND THEN WE CAN JUST MAKE IT ONE INCH THE WHOLE WAY.
AND THEN THAT WAY WHEN THEY DO HAVE GUTTERS, IT WOULD, IT COULDN'T EXTEND CLOSER TO AN INCH.
IT'S ONLY IF THE APPLICANT WAS WILLING TO, UH, AMEND HER APPLICATION TO INCLUDE GUTTERS.
IT'S OKAY IF MY SPANISH DOESN'T COME THROUGH.
I WILL PUT IT, I WILL CHANGE IT.
AND LET THE RECORD SHOW THAT COMMISSIONER RAGMAN, UH, HAS JOINED THE MEETING AT 1 57.
SO WE HAVE AN AMENDED APPLICATION TO INCLUDE GUTTERS.
UM, AND SO ANY MOTION, YOU KNOW, AS REQUESTED WOULD THEREFORE, UH, HAVE TO INCLUDE THE PROVISION OF GUTTERS AND STILL NOT EXCEED ONE INCH MADAM, UM, COMMISSIONER MANNA.
AND SO, SO THE QUESTION I HAVE FOR THE CITY STAFF THEN IS THAT SOMEBODY WILL BE FOLLOWING UP, UM, SHOULD THIS, UH, MOVE FORWARD, UM, THAT I GUESS ALL OF THOSE CONDITIONS ARE BEING MET AS THEY FINISH OUT AND FINISH THE GUTTER SO THAT IT DOES NOW COMPLY.
YEAH, WE DO CHECK IT WITH THE, UH, WHATEVER THE BOARD OF ADJUSTMENT, UM, APPROVES.
AND YOU HAVE ANY, ANY OTHER COMMISSIONER QUESTIONS, MR. CHAIRMAN? YES.
COMMISSIONER VASQUEZ? UH, I HAVE A QUESTION THAT, THAT I NEEDS A LITTLE BIT MORE CLARIFICATION.
UH, THE APPLICANT UH, MENTIONED THAT, UH, SHE'S VERY AFRAID THAT, UH, THAT HER HUSBAND, UH, UH, MIGHT STRIKE THE, THE GAS, UH, METER.
AND, AND, AND I WAS CURIOUS HOW CAN WE ASK THE QUESTION TO THE APPLICANT AS TO WHAT, WHAT IS HER EXPECTATION BY HER TESTIMONY TELLING US THAT, YOU KNOW, UH, BECAUSE SHE ASKING FOR US TO DO SOMETHING REGARDING, UH, AND, AND THE THING IS WE CAN'T BECAUSE EVEN IF NONE OF THESE PASS, WE CAN'T STOP SOMEBODY FROM PARKING A CAR THERE.
UM, I THINK THE ISSUE WOULD BE IS, UM, IS FOR A QUESTION FOR STAFF.
DID Y'ALL OBSERVE, UH, THE, THE, THE OUTSIDE PART OF THE CARPORT, IS THERE ANY GIVE AS FAR AS IT ALL JUST ONE INCH RIGHT ON THE PROPERTY LINE, LIKE IT COULDN'T GET ANY FURTHER AWAY FROM THAT GAS METER? IS THAT A TRUE STATEMENT? THAT'S, THAT'S A ACCURATE STATEMENT.
AND, AND, AND WHAT THE APPLICANT EXPRESSED TO US WHILE WE WERE THERE ON SITE VISITS IS, UH, I BELIEVE WHAT YOU'RE GETTING AT IS SHE DOESN'T WANT TO PARK TOO CLOSE OR HER HUSBAND TO PARK TOO CLOSE TO THAT GAS METER.
UM, SO THAT'S WHY SHE'S REQUESTING THIS.
AND WHAT IS THE, DO YOU HAPPEN TO KNOW THE WIDTH OF THIS, UM, PARKING AREA UNDER THE CARPORT END DEPTH? SHE DOESN'T KNOW EXACTLY.
'CAUSE IT, IT, IT DOESN'T LOOK VERY WIDE.
THERE'S A SECOND PICTURE SHOWS NINE FOOT OH NINE FEET.
SO IT LOOKS LIKE IF YOU GO TO THE NEXT PICTURE, UM, I ASSUME THAT WAS JUST A CONTINUATION.
I ASSUME THAT'S THE DISTANCE THERE.
YEAH, IT'S ABOUT EIGHT, EIGHT FEET, 10 INCHES, SOMETHING LIKE THAT.
AND, AND THAT MEASUREMENT IN THE PICTURE THAT'S CURRENTLY DISPLAYED, DOES THAT INCLUDE THAT LITTLE, UH, BUMP OUT ON THE HOME? LIKE, LIKE THERE'S SOME BAY WINDOWS OR SOMETHING? YEAH, THAT'S WHERE IT'S MEASURED FROM RIGHT THERE.
SEE PART OF PART OF THE ISSUE HERE IS, IS THAT IF THERE WASN'T A CARPORT AND IT WAS COMPLETELY OPEN, SHE'D ACTUALLY HAVE FOUR OR SO MORE INCHES OF WIDTH 'CAUSE OF THE SUPPORTS.
AND THEN DO WE ALSO KNOW THE DEPTH OF THE CARPORTS
[00:55:01]
OR, OR THE, THE SIZE OF THE HOME? IT SAYS LIMITED TO THE, WE DON'T HAVE, UH, CALCULATION OF THE DEPTH OF IT.DID FROM YOUR O FROM YOUR OBSERVATION, DID IT LOOK LIKE TWO CARS DEEP COULD BE PARKED IN THERE? IT LOOKED LIKE TWO CARS DEEP.
IT DIDN'T, IT DID NOT GO PAST THE, UH, THE STRUCTURE OF THE HOME, IF I REMEMBER CORRECTLY.
UM, IS THERE ANY PUBLIC COMMENTARY, UH, ANYONE SIGNED UP TO SPEAK? NO PUBLIC COMMENT.
ARE THERE, YES, UH, SHE WANTED TO UH, SAY SOMETHING ABOUT A TRUCK THAT'S THERE WITH, WITH, UM, METAL THINGS IN IT? SHE SAID, YEAH, HE DOES SALVAGE TO, TO EARN A BIT OF MONEY.
SHE WAS A LITTLE, GOING A LITTLE OFF OFF THE SUBJECT.
SHE'S TALKING ABOUT, UM, THAT TRUCK.
I, I GUESS SHE'S WORRIED ABOUT THE TRUCK BEING THERE, BUT SHE'S EXPLAINED THAT THAT'S HOW THEY EARN EXTRA MONEY THAT IS HER TRUCK.
ANY OTHER QUESTIONS FROM THE COMMISSION? ALRIGHT, WELL, WHAT WE'RE GONNA DO IS WE'RE GOING TO DELIBERATE AND SEE HOW THIS TURNS OUT.
UM, THANK YOU VERY MUCH AND, UM, I'M LOOKING FOR A COMMISSIONER TO MAKE A MOTION.
COMMISSIONER MANNA MANNA, THE OFFICIAL MOVER, UH, REGARDING CASE NUMBER BO A 2 4 1 0 3 0 0 1 0 4.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE REQUEST FOR ONE A FOUR INCH 11, A FOUR FOOT, 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN ATTACHED CARPORT, UM, TO BE ONE INCH FROM THE SIDE SETBACK TO INCLUDE, UM, UM, AN A GUTTER, UH, WITHIN, WITHIN THAT SETBACK TO A SIX FOOT SIX INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION TO ALLOW A EIGHT FOOT SIX INCH DRIVEWAY CLEAR VISION SITUATED AT 5 0 6 UH CHALMERS AVENUE BECAUSE THE APPLICANT
UH, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST.
STAFF FINDS THIS REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST AS OTHER CARPORTS IN IMMEDIATE AREA WERE SEEN TO BE WITHIN SIMILAR SIDE SETBACKS.
AND THIS REQUEST IS NOT OUTTA CHARACTER FOR THE NEIGHBORHOOD IN WHICH THIS PROPERTY IS LOCATED.
FURTHERMORE, THE CLEAR VISION REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST.
AS THE FENCE FENCING AND GATE LINE DISTANCES IS ESTABLISHED IN THE COMMUNITY IN ADEQUATE SPACING EXISTS FOR THE EGRESS OF VEHICLES TO AND FROM THE RESIDENTIAL LOCAL ROAD.
TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
IN THIS CASE, THE SPECIAL CONDITIONS FOUND ON THE SUBJECT PROPERTY IS THE LOCATION OF A GAS METER FOR DUE SETBACK AND THE ESTABLISHED FENCING AND GATE LINE DISTANCE IN THE COMMUNITY.
FOR THE CLEAR VISION REQUESTS.
WITHOUT THESE VARIANCES, AN UNNECESSARY HARDSHIP WILL REQUIRE THE APPLICANT TO RELOCATE THE CARPORT AND FENCING FROM ESTABLISHED LOCATIONS.
THREE, BY GUARANTEEING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED WITH THE APPROVAL OF THE VARIANCES REQUESTED AS A CENTRAL CHARACTER IN THE NEIGHBORHOOD WILL NOT BE CHANGED AND ADEQUATE DRIVEWAY CLEAR VISION WILL REMAIN TO SAFELY BACK FROM AND ONTO THE LOCAL RESIDENTIAL ROAD.
FOUR, THE VARIANCE WILL NOT AUTHORIZED THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THIS VARIANCE IS LOCATED.
NO USES WITHIN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THE STRUCTURE.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FORM PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS A GRANTING OF THE VARIANCE, UH, WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED AS OTHER CARPORTS AND NEIGHBORHOOD WERE, WERE SEEN TO ALSO BE WITHIN THE SIDE SETBACKS.
ADDITIONALLY, GRANTED DRIVEWAY CLEAR VISION WILL BE EIGHT FOOT SIX INCHES.
THIS WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES AS ADEQUATE SPACING WILL REMAIN TO SAFELY BACK FROM AND ONTO THE LOCAL RESIDENTIAL ROAD.
SIX SUPPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING IN THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE, UM, PROPERTY AND ARE NOT MERELY FINANCIAL, NOT DUE TO A RESULT OF GENERAL CONDITIONS IN THIS DISTRICT IN WHICH THIS PROPERTY IS LOCATED.
STAFF FINDS APPLY TO THE OWNER OF THIS PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING IN THIS PROPERTY, SUCH AS THE LOCATION OF THE GAS METER AND ESTABLISHED FENCING AND GATE LINE IN THE COMMUNITY IN WHICH THIS PROPERTY IS LOCATED.
[01:00:01]
UM, THAT THE CARPORT DEPTH, UH, CAN, UH, CANNOT EXCEED THE DEPTH OF THE STRUCTURE OF THE HOME ITSELF.AND SO I'LL BE ADDING THAT ONTO THE FRONT END OF THE MOTION.
IS THERE A SECOND? IS THERE A SECOND? SECOND.
ALL A MOTION TO SECOND COMMISSIONER MADO.
SO YEAH, SO I, I DROVE, YOU KNOW, GOOGLE DROVE AROUND THE COMMUNITY AND I DO SEE THAT THERE ARE MANY STRUCTURES WHERE, UH, WITH SIMILAR, UH, SIMILAR, UH, CARPORTS ALONG, UM, ALONG THE SIDES OF THE PROPERTIES.
AND SO IT DOES NOT APPEAR TO BE INCONSISTENT WITH, UH, HOW THE REST OF THE COMMUNITY IS.
AND THEN I, UM, THE GATE OR THE FENCING ITSELF IS IN THE SAME DISTANCE AS, UM, ALL OFFENSES IN THE COMMUNITY.
SO FROM A CLEAR VISION PERSPECTIVE, IT'S, IT'S CERTAINLY, UH, ALIGNS WITH ALL THE REST OF THE COMMUNITIES.
SO THEREFORE I'LL BE VOTING IN FAVOR.
COMMISSIONER BENAVIDES, I CONCUR WITH MY COLLEAGUE.
ARE THERE ANY OTHER COMMISSIONERS WHO'D LIKE TO ADD TO THE DISCUSSION? YEAH, I'D JUST LIKE, UH, BE ABSOLUTELY CLEAR ON WHERE THE GUTTER IS TO BE.
COULD YOU MAKE THAT CLEAR? SURE.
AND SO, SO THE, AND THE REASON WHY I ASKED SOME OF THOSE CLARIFYING QUESTIONS WITH THE CITY STAFF IS THAT THE GUTTER WILL BE REQUIRED TO BE WITHIN THEIR PROPERTY.
UM, AND SO WITHIN THAT ONE INCH, AND SO, SO WE'RE ALLOWING A ONE INCH VARIANCE.
UM, AND SO, SO THE GUTTER WILL BE INCLUDED WITHIN THAT ONE INCH TO BE ON THEIR PROPERTY.
IT WOULD, IT WOULD BASICALLY HAVE TO RUN FROM POST TO POST TO POST AND THEN WRAP AROUND THE POST TO, TO DISCHARGE.
SO ON THE, IN OR ON THE INSIDE OF THE POST.
AND THE LAST PART OF THE COVERING IS GUTTER VERSUS, UH, THIS, THE, THE, THE PROOF IN ITSELF.
WOULD YOU RESTATE THE FIRST SENTENCE OF THE MOTION THEN TO MAKE THAT CLEAR? SURE.
UM, SO A FOUR FOOT, UM, 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT, UH, TO ALLOW AN ATTACHED CARPORT AND GUTTER TO BE ONE INCH FROM THE SIDE SETBACK TO INCLUDE A ONE INCH OVERHANG.
DOES THAT SATISFY YOUR CHRIS OR NO? TO INCLUDE THE ONE FOOT OVERHANG? NO ONE, I'M SORRY, ONE INCH OVERHANG.
YEAH, ONE INCH UP CHARLIE, BUT ONE INCH.
UH, SO WE HAVE UH, COMMISSIONER BEN.
IF ANY COMMISSIONERS LIKE TO ADD HEARING NONE, LET'S HAVE ROLL CALL VOTE PLEASE.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER YBANEZ? I CONCUR.
COMMISSIONER BRAGMAN, I ABSTAIN.
COMMISSIONER VASQUEZ, I CONCUR.
CHAIR ORIAN AND I CONCUR THE FINDINGS OF FACT MOTION PASSES.
UH, NINE TO ZERO WITH ONE ABSTENTION.
UH, NOW WE'RE LOOKING FOR A MOTION ON THE SPECIAL EXCEPTION MANNA COMMISSIONER MANNA.
UM, REGARDING CASE NUMBER BOA 2 4 1 0 3 0 0 1 0 4.
I MOVED THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A, UM, LET'S SEE.
UM, I'LL SAY SEVEN INCH VARIANCE, UH, FROM THE MAXIMUM, UH, FIVE FOOT HEIGHT TO ALLOW A PREDOMINANTLY, UH, FIVE FOOT, UH, SEVEN INCH, UH, PREDOMINANTLY OPEN FENCE IN THE FRONT YARD.
UM, UH, WITH ADDITION OF POST BEING, UM, IT APPEARS TO BE, UM, SIX FOOT TWO INCHES.
SO THAT, UM, SEE, WELL WE CAN'T, WE CAN'T GO HIGHER THAN SIX FEET 'CAUSE IT'S WHAT THEY WAS ADVERTISED.
OH, THEN, SO THEN WE WILL HAVE TO DO SOME ADJUSTMENTS THERE.
SO SIX FEET THEN ON THE POST, UM, SITUATED AT 1 0 1, UH, SITUATED AT 5 0 6 CHAMBERS AVENUE, APPLICANT BEING CO CONCEPTION ROBLES, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CARE OF THIS PROPERTY IS SUCH A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY FIND THAT A THE SPECIAL EXCEPTION WILL BE IN HARMONY OF THE SPIRIT AND PURPOSE OF THIS CHAPTER.
IF GRANTED STAFF FINDS REQUESTS WOULD BE IN HARMONY OF THE SPIRIT AND PURPOSE OF THE ORDINANCE.
B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IF APPROVED.
UM, A FIVE FOOT, UH, SEVEN INCH PREDOMINANTLY OPEN FENCE WITH SIX FOOT POSTS WOULD BE ALLOWED IN THE FRONT YARD.
THE INCREASED FENCE HEIGHT WOULD SERVE THE PUBLIC WELFARE BY PROVIDING NEEDED SECURITY AND SUBSTANTIAL JUSTICE WILL BE SERVED.
C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE SPECIAL EXCEPTION WILL NOT INJURE THE, UH, NEIGHBORING PROPERTIES AT THE FENCE.
SITES WILL NOT IMPEDE TRAFFIC OR CLEAR VISION REQUIREMENTS AS IS LOCATED A SAFE DISTANCE FROM THE FRONT.
[01:05:01]
AND CREATES ENHANCED SECURITY AND PRIVACY.UH, D THE SPECIAL EXCEPTION WILL NOT ALTER THE CENTRAL CHARACTER OF DISTRICT AND LOCATION, WHICH IS PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE ADDITIONAL FENCE HEIGHT IS IN THE FRONT YARD, WILL NOT ALTER THE LOCATION FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT AS THE FENCE HEIGHTS WILL BE PREDOMINANTLY OPEN AND ADD ESTABLISHED AND ADD AN ESTABLISHED FENCE AND GATE LINE IN THE NEIGHBORHOOD FOR WHICH THE PROPERTY IS LOCATED.
UH, E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE AND ESTABLISHED FOR THE SPECIFIC DISTRICT.
THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT AS A FENCE WILL REMAIN PREDOMINANTLY OPEN.
COMMISSIONER MANO, UH, REAL QUICK.
UM, I, I BELIEVE YOU SAID A SEVEN INCH UM, VARIANCE.
UH, DO YOU MIND MAKING THAT A 12 INCH SPECIAL EXEMPTION AND THEN YOU ARE ABLE TO LOWER THE HEIGHT OF THE ACTUAL FENCE AS YOUR MOTION RED WITH THE FIVE FOOT FENCE WITH THE SIX FOOT POSTS.
BUT WE HAVE TO SAY LIKE THE HIGHEST ONE, WHICH IS A 12 INCH 'CAUSE THAT'S WHAT THE POSTS ARE.
I ACCEPT YOUR FRIENDLY
SO DID THAT MAKE SENSE EVERYBODY? SO AS FAR AS WHAT WAS STATED, SO, SO JUST REVERSE WHAT IT IS OR HOW, I GUESS HOW I LAY THAT MOTION OUT.
JUST, JUST MAKE IT EASY FOR STAFF TO RESTATE THE FIRST SENTENCE, WHAT THE MOTION IS, REVISED MOTION IS.
SO I THINK, I THINK IF I UNDERSTOOD CORRECTLY, UH, THE, IT IS FOR REQUEST FOR A, UH, ONE FOOT VARIANCE FROM THE MAXIMUM FIVE FOOT FENCE HEIGHT TO ALLOW A SIX FOOT PREDOMINANTLY OPEN FENCE BEING THE POST AND A 67 INCH HEIGHT FOR THE REST OF THE FENCE.
UH, IS THERE
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER YBANEZ? I CONCUR.
COMMISSIONER BRAGMAN? I ABSTAIN.
COMMISSIONER BENAVIDES? I CONCUR.
COMMISSIONER VASQUEZ, I CONCUR.
MOTION PASSES NINE TO ZERO, UH, WITH ONE ABSTENTION.
UH, IF SHE, IF THE APPLICANT HAS ANY QUESTIONS, SHE CAN SPEAK WITH STAFF OUTSIDE.
AND IF WE CAN GET A QUICK, UH, TWO MINUTE BREAK.
WE'RE GONNA CONNECT COMM COMMISSIONER BONNI, UM, ON WEBEX.
UH, WE'RE GONNA ASK FOR A TWO MINUTE BREAK PLEASE.
COMMISSIONER, CAN YOU GO AHEAD AND MUTE YOURSELF UNTIL YOU'RE READY TO CHIME IN? GO AHEAD.
ITEM NUMBER ONE, BO OA DASH 24 3 2 0 3 TOLEDO STREET COUNCIL.
DISTRICT TWO APPLICANT IS ALBERT, UH, FUQUA.
AND A REQUEST IS FOR A HALF STORY VARIANCE FROM THE MAXIMUM 2.5 OR TWO AND A HALF STORIES TO ALLOW A TWO DETACHED STRUCTURES TO BE THREE STORIES.
TWO, A 15% VARIANCE FROM THE A E TWO 25% TO ALLOW A FIRST FLOOR NON-REFLECTIVE GLASS WINDOWS AT 10% TOTAL AREA, A TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A THREE FOOT SIDE SETBACK ON THE WESTERN PROPERTY LINE, A 19 FOOT VARIANCE FROM THE MINIMUM 25 FOOT CORNER.
CLEAR VISION TO ALLOW A SIX FOOT CLEAR CORNER CLEAR VISION.
A SIX FOOT VARIANCE FROM THE MINIMUM 15 FOOT DRIVEWAY.
CLEAR VISION TO ALLOW ALL DRIVEWAYS FOR BOTH STRUCTURES WITH A NINE FOOT CLEAR V VISION, A 15 FOOT AND A 13 FOOT VARIANCE FROM THE MINIMUM 20 FOOT GARAGE SETBACK TO ALLOW A FIVE FOOT AND A SEVEN FOOT SETBACK FOR GARAGE ENTRANCE.
A VARIANCE TO ALLOW A PRINCIPAL STRUCTURE NOT ON A SIDE FRONTAGE.
AND A THREE FOOT FENCE HEIGHT.
SPECIAL EXEMPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT TO ALLOW A SIX FOOT PRIVACY FENCE IN THE FRONT YARD.
THE SUBJECT PROPERTY IS LOCATED JUST EAST OF DOWNTOWN AND SOUTH OF EAST COMMERCE STREET ON THE CORNER OF MONTANA STREET AND TOLEDO STREET INTERSECTION.
THE APPLICANT ALSO BEING THE PROPERTY OWNER IS PROPOSING CONSTRUCTION OF TWO RESIDENTIAL STRUCTURES ON AN A E TWO CORNER LOT.
THE REQUESTED VARIANCES WILL ALLOW A THREE STORY OR ALLOW THREE STORY STRUCTURE, 10% FIRST FLOOR, NON-REFLECTIVE GLASS WINDOWS, A THREE FOOT SIDE SETBACK ON THE WESTERN
[01:10:01]
PROPERTY LINE, A SIX FOOT CORNER, CLEAR VISION, A NINE FOOT DRIVEWAY, CLEAR VISION, A FIVE FOOT AND SEVEN FOOT GARAGE ENTRANCE SETBACK, PRINCIPAL ENTRANCE, NO, NOT ON STREET FRONTAGE, AND A SIX FOOT PRIVACY FRONT YARD FENCE.THE PROPOSED DEVELOPMENT WILL HAVE A TWO SINGLE FAMILY DWELLING UNIT UNITS.
THE MOST OF THE REQUESTED VARIANCES ARE UNIQUE, UNIQUE TO THE ARTS AND ENTERTAINMENT, ARTS AND ENTERTAINMENT DISTRICT.
STANDARD AND PERMIT APPROVAL WAS PENDING THE OUTCOME OF THE BOARD OF ADJUSTMENT.
IT'S A SITE PLAN SUBJECT PROPERTY VIEW OF SUBJECT PROPERTY FROM TOLEDO STREET.
AND THIS IS THE VIEW FROM MONTANA STREET VIEW CROSS FROM THE SUBJECT PROPERTY TOLEDO STREET AND THEN THE WEST VIEW OF THE PROPERTY FROM TOLEDO STREET.
AND THEN THE VARIOUS VIEWS, AND THEN A VIEW ACROSS FROM MONTANA AND THE SURROUNDING AREA.
STAFF RECOMMENDATION FOR THE FENCE HEIGHTS SPECIAL EXEMPTION STAFF RECOMMENDS DENIAL AND BO OA 24 DASH 0 3 83 BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUEST WILL ALTER THE CENTRAL CHARACTER OF THE DISTRICT AS NO OTHER PROPERTIES IN IMMEDIATE AREA HAVE FENCES EXCEEDING THE REGULATION OF THE UNIFIED DEVELOPMENT CODE IN HEIGHT AND PRIVACY.
TWO, THE REQUEST WILL DECREASE STREET SCAPES THAT EMPHASIZE PEDESTRIAN TRAFFIC FOR THE HALF STORY FIRST FLOOR, NON-REFLECTIVE GLASS PERCENTAGE, PRINCIPAL ENTRANCE AND GARAGE SETBACKS.
THEFT RECOMMENDS DENIAL AND BOA 24 DASH 1 0 3 83.
BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUESTED VARIANCES WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT THAT IS ESTABLISHED TO CREATE CERTAINTY ABOUT THE FORM OF FUTURE DEVELOPMENT.
TO CREATE AN IDENTITY TO THE CORNER OF CLEAR VISION AND GARAGE SETBACK VARIANCES WOULD NOT PROVIDE ADEQUATE SEPARATION BETWEEN THE RIGHT OF WAY AND NEIGHBORING PROPERTIES IS REQUIRED IN THE DISTRICT THAT EXIST IN THE SURROUNDING DEVELOPMENT FOR THE SIDE SETBACK AND CLEAR VISION.
STAFF RECOMMENDS APPROVAL IN BOA 24 DASH 0 3 0 0 83 BASED ON THE FOLLOWING FINDINGS OF FACT, A VEHICULAR TRAFFIC WILL, VEHICULAR TRAFFIC WILL NOT BE OBSTRUCTED WITH THE REDUCED CLEAR VISION.
THE SIDE SETBACK WILL NOT ENDURE THE NEIGHBORING PROPERTY.
AND THE REDUCED CLEAR VISION SIDE SETBACK ON THE WESTERN PROPERTY LINE WILL NOT ALTER THE CENTRAL CHARACTER OF THE DISTRICT.
ZERO IN FAVOR, ZERO IN OPPOSITION AND NO RESPONSE WE RECEIVED FROM THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION.
AND THIS CONCLUDES STAFF'S PRESENTATION.
ALL RIGHT, SO THE APPLICANT COME FORWARD.
PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT.
UM, PROJECT IS GOING TO BE AT 2 0 3 TOLEDO.
UM, I WOULD LIKE TO, I GUESS, UM, I GUESS GIVE NOTICE THAT I SPOKE TO THE NEIGHBOR.
UH, I THANK YOU GUYS FOR THE CONTINUANCE FROM THE LAST MEETING AS WELL.
UM, I SPOKE TO THE NEIGHBOR AND ONE, ONE SECOND.
UM, CAN YOU UNMUTE YOURSELF? UH, HOLDING IN THE FRONT.
UM, SPOKE TO THE NEIGHBOR, UM, WITH THAT CONTINUANCE THAT I WAS ALLOWED IN.
ESSENTIALLY, I AM GOING TO STRIKE OFF EVERYTHING EXCEPT FOR NUMBER THREE, ESSENTIALLY.
SO, SO OUT OF THE EIGHT REQUESTS, YOU ARE ONLY WANTING THE TWO FOOT VARIANCE FROM THE FIVE FOOT SIDE SETBACK? THAT'S CORRECT, SIR.
THAT'S, THAT'S A VERY GENEROUS.
ALRIGHT, SO LET'S, UH, STAFF, IS THERE ANY PUBLIC COMMENTARY, ANYONE SIGNED TO SPEAK ON THIS? THERE'S NO PUBLIC COMMENT.
AND IT LOOKS LIKE, UH, THE STAFF WAS RECOMMENDING APPROVAL FOR THE, FOR THE SIDE SETBACK.
SO THEN WITH, IF THE APPLICANT IS STRIKING EVERYTHING EXCEPT ITEM NUMBER THREE, THEN STAFF WOULD BE IN FULL SUPPORT OF THIS REQUEST.
IS THERE ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? JUST TO MAKE SURE.
ARE YOU SAYING EVERY ITEM EXCEPT FOR NUMBER THREE, YOU'RE STRIKING YES.
WITH THE EXCEPTION NUMBER THREE? YES.
THE TWO VARI, THE TWO FOOT VARIANCE FROM THE MINIMUM OF FIVE, UH, FIVE SIDE SETBACK TO ALLOW.
UM, ANY COMMISSION QUESTIONS? ALL RIGHT.
UM, LOOKING FOR A MOTION BRAGMAN COMMISSIONER BRAGMAN I REGARDING CASE
[01:15:01]
NUMBER BO A DASH 24 DASH 0 3 0 0 0 8 3.I MOVE THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW THREE FOOT SIDE SETBACK ON THE WESTERN PROPERTY LINE.
THE VARIANCE IS, OH, SPECIFICALLY CAN WE FIND, OH, SORRY.
UH, APPLICANT BEING ALBERT FUQUA.
UM, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS WE HAVE DETERMINED SHOW THAT THE PHYSICAL CARE TO THEIR PROPERTY IS SUCH THAT LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST AS IT WILL ALLOW FOR MULTIFAMILY RESIDENTIAL DEVELOPMENT ON A VACANT LOT LIMITED BY DESIGN STANDARDS.
DUE TO SPEC, UH, SPECIAL CONDITIONS, A RURAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
UH, LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE TWO PROPOSED STRUCTURES WOULD BE, WOULD HAVE TO BE REDESIGNED TO ABIDE BY ALL THE REQUIREMENTS OF A SMALLER LOT.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE VARIANCE OBSERVES THE SPIRIT OF THE ORDINANCE AS THE REDUCED STANDARDS ALLOW FOR FUNCTIONAL RESIDENTIAL DEVELOPMENT ON A VACANT CORNER, LOT FOR INCREASED HOUSING OPTIONS IN A ENHANCEMENT OF THE SURROUNDING AREA.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCES 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 GRANTED, NEITHER THE VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND WILL NOT INJURE NEIGHBORING PROPERTIES WITHIN THE LOCAL AREA.
THE PLIGHT OF THE OWNER OF THE PROPERTY, WHICH THE VARIANCE WAS 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 OR 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, OF WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE LOCATION OF THE AL LADEN SURROUNDING AREA.
UH, YEAH, SINCE, UH, THE MAJORITY OF THE ITEMS WERE CLEARED UP WITH HIS DISCUSSIONS WITH THE NEIGHBOR, WHICH WE'RE VERY PLEASED WHEN VARIANCES ARE REQUESTED THAT, UM, THAT YOU'VE HAD AN OPPORTUNITY TO SPEAK WITH THE NEIGHBORS IN THE NEIGHBORHOOD.
UH, SO THIS IS A VERY MINOR REQUEST.
UH, SO I'LL BE IN SUPPORT OF THE MOTION.
ANY OTHER COMMISSIONERS' LIKE TO ADD HEARING NONE? SEVERAL CALL, VOTE PLEASE.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDES? I CONCUR.
COMMISSIONER BARRINGTON? I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER VASQUEZ? I CONCUR.
COMMISSIONER BONILLA? I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
UH, MOTION PASSES UNANIMOUSLY.
AND, UM, CAN WE, CAN WE MAKE SURE WE HAVE, UH, THE TIME COMMISSIONER BEES JOINED THE MEETING? UH, I'M SORRY.
YOU DO YOU HAVE THAT? ALL RIGHT.
ITEM NUMBER, BELIEVE WE'RE ON FOUR.
ITEM NUMBER 4 32 40 LEBLANC STREET.
ITEM NUMBER FOUR, BO OA DASH TWO FOUR DASH 0 3 0 1 0 5.
UH, ADDRESS BEING 32 40 LEBLANC STREET COUNCIL.
DISTRICT 10 APPLICANT IS MARTIN HAGAN.
A REQUEST FOR A THREE FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A ATTACHED ACCESSORY STRUCTURE TO BE ONE FOOT SIX INCH FROM THE SIDE SETBACK AND A FOUR FOOT VARIANCE FROM THE MINIMUM FIVE FOOT REAR SETBACK TO ALLOW IT ATTACHED ACCESSORY STRUCTURE TO BE ONE FOOT, ONE FOOT FROM THE REAR SETBACK ZONING IS R SIX.
THE SUBJECT PROPERTY IS LOCATED SOUTH OF LOOP, 1604 NORTH EAST OF THOUSAND OAKS DRIVE ON THE CORNER OF INTERSECTION OF ROAD DRIVE AND LEBLANC STREET ON MARCH 16TH, 2024.
THE APPLICANT ALSO THE PROPERTY OWNER, WAS CITED AS A, UH, BY CODE ENFORCEMENT FOR BUILDING A DETACHED ACCESSORY STRUCTURE WITHOUT A PERMIT.
THE APPLICANT IS REQUESTING THE SIDE AND REAR SETBACK VARIANCES TO ALLOW THE STRUCTURE TO REMAIN AT ONE FOOT SIX INCHES FROM THE SIDE SETBACK AND ONE FOOT FROM THE REAR SETBACK.
PERMIT APPROVAL IS PENDING NOW.
COME OF BOARD OF ADJUSTMENT AS A SITE PLAN.
[01:20:01]
SUBJECT PROPERTY VIEW OF THE ACCESSORY STRUCTURE, ROOF SETBACK MEASUREMENTS AND SIDE SETBACK MEASUREMENTS.AND THEN THE MEASUREMENT AT THE BOTTOM IS THE CLOSEST CORNER TO THE SIDE SETBACK VIEW ACROSS FROM SUBJECT PROPERTY AND IN EAST VIEW OF LEBLANC IN THE WEST VIEW OF LEBLANC, BECK AND REAR SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO OA DASH 24 DASH 0 3 0 5 BASED ON THE FOLLOWING FINDINGS OF FACT, THE DISTANCE IS NOT SUITABLE AS IT IMPOSES ON THE PUBLIC INTEREST OF THE ADJACENT NEIGHBOR BY BEING TOO CLOSE TO THE SHARED PROPERTY.
TWO, THE LIMITS ACCESS FOR GENERAL UPKEEP OF THE STRUCTURE AND WILL CREATE WATER RUNOFF INTO THE NEIGHBORING LOT.
ONE IN FAVOR, ZERO IN OPPOSITION.
NO RESPONSE FROM THE EDEN NEIGHBORHOOD ASSOCIATION, WHICH IS ALSO THE, UH, HOMEOWNER ASSOCIATION.
THIS CONCLUDES STAFF'S PRESENTATION.
UM, AND QUICK QUESTION, DID THE APPLICANT PROVIDE, UH, AN INCURSION AGREEMENT REGARDING THE 12 FOOT ELECTRIC TELEPHONE AND CABLE TV EASEMENT ALONG THE BACK? THEY DID NOT.
LET'S HAVE THE APPLICANT COME FORWARD.
PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT.
I'M JONATHAN WITH QUALITY CUSTOM DECKS AND, UH, WE BUILT THE PROJECT.
UH, SO WE BUILT THE DECK, UH, BASED ON THE ASSUMPTION THAT WE DIDN'T NEED A PERMIT BASED ON THE WEBSITE THAT SAID, UH, DETACHED 300 FOOT OR LESS DETACHED ONE STORY BUILDING, WOULDN'T NEED A PERMIT.
UH, I I'M NOT A CODE COMPLIANCE PERSON.
I DIDN'T KNOW, SO MY APOLOGIES FOR THAT.
BUT, UM, ON THE MEASUREMENTS AND THE SETBACKS, THE FENCE THAT THEY ACTUALLY ARE MEASURING FROM, UH, IS OUR OWN PERSONAL FENCE THAT WE CONSTRUCTED INSIDE OUR PROPERTY LINE.
THE, THE OWNER WHO WAS BEHIND US, PLEASE, IF YOU NEED IT, IF YOU NEED A LASER POINTER.
SO THE OWNER WHO LIVES BEHIND US, UH, HAD DOGS AND HER FENCE WAS DILAPIDATED.
UH, BUT WE COULDN'T GO IN AND PUT UP OUR FENCE WITHOUT TEARING HERS DOWN 'CAUSE HER DOGS WOULD GET IN AND OUT.
SO WE PUT UP A SPECIAL FENCE RIGHT THERE.
CAN YOU SPEAK INTO THE MIC, SIR? OKAY.
THAT IS NOT THE PROPERTY LINE FOR MEASUREMENTS.
IT'S ABOUT A FOOT FURTHER OVER WHERE HER FENCE IS, WHERE THE, THE FENCE SHOULD BE.
AND THAT'S WHAT THIS ATTEMPTED MEASUREMENT ON THE LEFT IS SHOWING THAT IT'S BETWEEN THE TWO FENCES.
UM, THE LOWER LEFT, I'M SORRY, THE, THE ONE ON THE UPPER LEFT IS BETWEEN THE, THE ACTUAL STRUCTURE AND OUR FENCE, BUT THE OTHER ONE IS BETWEEN OUR FENCE AND THE NEIGHBOR'S FENCE, IF THAT MAKES SENSE.
AND IF IT DOESN'T, I'LL, I'LL TRY TO EXPLAIN IT ANOTHER WAY.
UM, SO THE, THE RUNOFF, AND THIS WAS BEEN FIELD TESTED BY THE, THE RECENT RAINS THAT WE'VE HAD.
UH, IT DOES NOT FALL ON THE OWNER'S PROPERTY ON THE OTHER SIDE.
IT FALLS ON OUR SIDE WITHIN AS THE, THE DROP FALLS ON OUR SIDE OF OUR INDOOR OR OF OUR FENCE THAT IS WITHIN THE STRUCTURE OF, WITHIN OUR PROPERTY LINES.
HOWEVER, UH, SO WHEN WE GOT THE VIOLATION NOTICE, UH, WE CAME DOWN HERE TO GET THE VARIANCE BECAUSE THAT'S WHAT WE, WE FIGURED OUT WHAT WE WOULD NEED THAT.
UM, SO, BUT WE STOPPED CONSTRUCTION.
UH, ULTIMATELY WITHIN THE PLAN, THERE IS A, UH, UM, OBJECTIVE TO PUT A GUTTER ALONG THAT SIDE AND, AND ROUTE THE WATER BACK TO MY PROPERTY INTO A FRENCH DRAIN SO THAT THERE'S NO, UH, ADVERSE IMPACT TO THE NEIGHBORS.
EVEN THOUGH IT'S STILL, EVERYTHING IS WITHIN OUR PROPERTY LINE.
WE'RE JUST GOING THE EXTRA YARD TO MAKE SURE THERE'S NO ADDITIONAL RUNOFF BECAUSE IT COULD, THE, THE SLOPE OF THE, OF THE PROPERTY GOES DOWN THAT WAY.
SO, UH, WE JUST WANNA MAKE SURE WE'RE NOT, UM, INADVERTENTLY FLOODING THE NEIGHBOR.
SO THAT IS IN THE, IN THE PLAN.
UH, WE HAD TO STOP CONSTRUCTION BECAUSE THAT'S ONE OF THE THINGS WE AGREED TO WHEN WE PULLED THE VARIANCE ITEM.
IT'S ONE OF THE THINGS YOU ACKNOWLEDGE CONSTRUCTION HAS TO STOP.
SO THAT'S WHY THE GUTTERS ARE NOT UP THERE RIGHT NOW.
UM, THE ISSUE ABOUT THE ELECTRICAL EASEMENT, UM,
[01:25:01]
ON THE FAR SIDE OF THAT BUILDING ON THE, ON THE RIGHT IS A SHED.AND ON THE FAR SIDE OF THAT IS THE ELECTRICAL BOX.
CPS RECENTLY JUST CAME THROUGH THE ENTIRE NEIGHBORHOOD AND REDID THE ELECTRICAL LINES IN OUR NEIGHBORHOOD.
ONE, ONE THING UNIQUE TO OUR PROPERTY IS I HAVE A BOX ON THE INSIDE OF MY LOT AND NOW A BOX ON THE OUTSIDE OF MY LOT.
AND WHAT THEY DID WAS THEY RAN A CONDUIT SO THAT THEY COULD RUN THE WIRES.
SO IN THE EVENT THAT THEY NEEDED TO DO ANYTHING ON THAT EASEMENT EVER AGAIN, THEY HAVE BASICALLY A TUNNEL FROM ONE BOX TO THE OTHER THAT THEY CAN PUSH THE WIRING THROUGH.
THEY DON'T HAVE TO GO IN AND EXCAVATE MY ENTIRE YARD LIKE THEY DID RECENTLY.
UM, I, I THINK THAT'S VERY IMPORTANT TO NOTE.
UM, I'M SORRY I'M A LITTLE, UH, STRESSED OUT
UM, DO YOU HAVE ANYTHING TO ADD? UH, WE'RE, WE'RE MORE THAN HAPPY TO MAKE ANY ADJUSTMENTS, UM, REQUIRED.
UM, I THOUGHT THAT I WAS UNDER THE, UM, SQUARE FOOTAGE, UH, TO NOT REQUIRE A PERMIT.
UM, AND I WON'T MAKE THIS ERROR AGAIN.
UH, DO YOU HAVE, DO YOU HAVE GAS? NO.
SO STAFF, UH, CAN YOU PLEASE, UH, UM, EXPAND ON THE EXEMPTION FOR PERMITTING? IF YOU'RE, IF YOU KNOW, IF YOU'RE UNDER A CERTAIN SQUARE FOOTAGE, DID THIS APPLICANT, WAS HE REQUIRED TO GET A PERMIT OR DID HE MEET AN EXCEPTION? I BELIEVE HE'S UNDER THE SQUARE FOOTAGE.
HOWEVER, WHETHER YOU NEED A PERMIT OR NOT, YOU STILL HAVE TO ABIDE BY THE REAR SIDE SETBACKS.
AND THAT'S WHAT WE WEREN'T AWARE OF WHEN WE DID THAT.
I'M JUST TRYING TO, I JUST WANNA MAKE SURE, IS THERE, IS THERE, IS THERE A PERMITTING ISSUE AT THIS OR IS IT BECAUSE HE'S ON A CORNER LOT THAT THERE'S SOMETHING? I BELIEVE IT'S JUST A CO COMPLIANCE ISSUE.
I DON'T, I, I DON'T THINK HE NEEDS A PERMIT BECAUSE OF THE SIZE OF THE STRUCTURE, BUT IT STILL NEEDS TO BE WITHIN THE SETBACKS.
UH, ANY, UH, QUESTIONS FROM THE COMMISSION? BRAGMAN COMMISSIONER BRAGMAN? SO, UM, WHAT STAFF HAS MENTIONED FOR THE REAR SETBACK IS THAT THE DEFENSE THAT WAS BUILT IS ONE FOOT FROM THE REAR SET, ONE FOOT WITHIN THE REAR SETBACK.
BUT YOU'RE SAYING IS MORE THAN THAT IN TERMS OF THE PROPERTY LINE, HOW FAR DO YOU THINK THE PROPERTY LINE TO YOUR FENCE, THE, THE NEW OR THE STRUCTURE IS ABOUT TWO FEET.
TWO FEET INSTEAD OF ONE? SO YOU'VE GOT YES, MA'AM.
YOU HAVE OUR FENCE, AND THEN IT'S ABOUT A FOOT TO WHERE THE REAL PROPERTY LINE IS, BECAUSE WHEN THEY PUT UP THE FENCE, THEY, THEY OBVIOUSLY HAD TO HAVE SOME LEEWAY.
UM, WELL, WHILE WE'RE ON THE SUBJECT, UM, THIS IS OVERHANG AND GUTTERS.
WHEN YOU'RE COMPLETE WITH YOUR PROJECT, HOW CLOSE WILL YOU BE TO THE PROPERTY LINE? BECAUSE WE, THAT ONCE YOU GET WITHIN THREE FEET, YOU, WE HAVE TO INCLUDE THAT AS FAR AS ANY SETBACK CONDITIONS.
SO WE'LL STILL BE WHOLLY WITHIN MY SIDE OF THE PROPERTY LINE, BUT YES, WE'LL PROBABLY BE, UH, WITHIN A FOOT OF THE PROPERTY LINE.
BECAUSE YOUR REQUEST IS FOR A, UM, IS FOR THAT ONE FOOT.
SO IF, IF A MOTION IS READ AS REQUESTED, THEN WITH GUTTERS AND, AND ANY OVERHANG, YOU'LL BE AT THE ONE FOOT.
SO ON THE ONE PICTURE THAT SHOWS THE KIND, THE WHOLE BACKYARD VIEW, I, I SEE A SECOND ACCESSORY STRUCTURE THAT'S BUILT SIMILARLY CLOSE TO THE BACK LINE.
AND SO, SO FROM A SQUARE FOOTAGE PERSPECTIVE OF WHAT'S REQUIRED FOR PERMITTING, WOULD IT BE BOTH STRUCTURES WOULD BE COUNTED ONCE IT, I MEAN, SO, SO CAN I KEEP BUILDING, UM, 300 SQUARE FOOT STRUCTURES IN MY ENTIRE PROPERTY AND NOT HAVE ANY OF THEM PERMITTED? OR IS IT 300 AT A TIME? I THINK THE FIRST ONE IS CORRECT.
UM, BUT I'D HAVE TO GET THAT CLARIFIED FROM THE PERMIT FOLKS.
BRAGMAN, COMMISSIONER BRAGMAN, I GET YOU AN ANSWER.
UM, SO SPEAKING ABOUT THAT OTHER STRUCTURE, DID STAFF MEASURE TO SEE IF THERE IS A REAR SETBACK ISSUE WITH THAT OTHER STRUCTURE? UH, WE NOT INCLUDE IT.
UH, WE DID NOT INCLUDE THAT AS A, UH, UH, NONCONFORMING STRUCTURE.
THAT'S WHY WE DIDN'T INCLUDE IT.
THIS IS THE ONLY FOR THE NEW STRUCTURE THAT WAS BUILT.
THAT STRUCTURE'S BEEN THERE 40 YEARS OR ROUGHLY 40 YEARS.
BUT I MEAN, SO IS THAT WOULD NOT, SO IT IS IN COMPLIANCE OR IT'S NOT THE WAY THE THE WAY THE, UM, THE VARIANCE IS WRITTEN, IT CAN
[01:30:01]
INCLUDE IT.'CAUSE WE DIDN'T LIMIT IT TO THE NEW ONE.
UH, WE JUST DIDN'T SEPARATE IT BY TWO, TWO SEPARATE STRUCTURES.
AND SO IT'S THE SAME DISTANCE FROM THE, THE FENCE OR PROPERTY LINE AS THE NEW STRUCTURE? I BELIEVE SO.
I THINK IT'S RIGHT UP TO THE PROP, RIGHT TO THAT FENCE, JUST LIKE THIS ONE IS.
ANY OTHER QUESTIONS? UH, DO WE HAVE ANY, UM, PUBLIC COMMENTARY, ANY VOICEMAILS, MANNA? SO ONE MORE QUESTION.
DO WE HAVE PUBLIC COMMENTARY? ANY VOICEMAILS? UH, NO PUBLIC COMMENT.
SO, SO I, UM, SO DID YOU HAVE AN OPPORTUNITY TO TALK TO THE APP, UH, TO THE HOMEOWNER BEHIND YOU? UM, YOU KNOW, TO KIND OF GET THEIR PERSPECTIVE, BECAUSE THERE IS A DIFFERENCE BETWEEN THESE TWO STRUCTURES.
ONE IS KIND OF JUST PEEKING OVER THE TOP OF THE ROOF WHERE THIS ONE BECOMES ESSENTIALLY A, A A NINE FOOT WALL, UH, RIGHT AT THE FENCE LINE.
SO DID YOU HAVE AN OPPORTUNITY TO TALK WITH THEM? YES, SIR.
WE, UH, DID A SURVEY OF ALL OF THE NEIGHBORS, UM, AND EVERYONE WHO'S WITHIN THE IMMEDIATE TOUCH POINTS ALL AGREED.
UH, IN FACT, THE NEIGHBOR WHO LIVES DIRECTLY BEHIND US OR WHO OWNS THE PROPERTY DIRECTLY BEHIND US, SAID, I WISH I HAD THAT IN MY BACKYARD.
UH, THAT WAS HIS COMMENTS, UM, THAT WAS PROVIDED IN THE PACKAGE THAT, THAT WE SUBMITTED.
UH, SO ALL OF THE NEIGHBORS HAD AGREED, WE HAD NO ONE DISAGREE WITH THE, WITH THE PROPERTY.
COULD YOU, UM, SO YOU HAD THEIR WRITTEN, UM, APPROVAL OF THAT.
COULD YOU HAND THAT TO STAFF SO THEY COULD SHOW IT ON THE SCREEN PLEASE? YEAH, THEY'RE RIGHT THERE.
SO DID THIS CASE COME UP BECAUSE OF AN INSPECTION OR SOMEBODY RE WAS IT WAS A REPORT? UH, THIS WAS A CODE COMPLIANCE ISSUE? I THINK SHE WAS, I THINK THE PREMISE OF THE QUESTION WAS THAT IF, IF THEY DIDN'T NEED TO GET A PERMIT, WHAT WOULD INITIATED CODE COMPLIANCE TO SEE IN THEIR BACKYARD? YEAH.
UH, WELL, WHETHER THEY NEEDED A PERMIT OR NOT, THEY WOULD STILL OBSERVE THE STRUCTURE BEING TOO CLOSE TO THE SIDE AND REAR.
UM, SO THAT'S WHY THEY WOULD, UM, THAT'S WHY THIS CAME UP.
I MEAN, AND, AND THE REASON WHY I ASK THAT IS THAT BECAUSE IT'S IN A REAR YARD AND BECAUSE THERE'S NO PERMIT REQUIREMENT, IT, IT USUALLY MEANS SOMEBODY COMPLAINED.
YOU KNOW, THAT, THAT'S WHERE I'M WONDER.
I'M LOOKING INTO IT RIGHT NOW.
YEAH, SO FAR WE HAVEN'T HEARD ANY, ANYBODY AGAINST IT.
UM, AND SO IT JUST SEEMS LIKE THERE MIGHT BE, THAT'S ALL OUR REPORT SHOWS.
IT WAS A CODE, UH, ENFORCEMENT INVESTIGATION.
INITIATED CITY INITIATED THIS.
ANY OTHER QUESTIONS? YEAH, I'M CONCERNED ABOUT YOUR ABILITY TO CONDUCT ANY KIND OF, OF MAINTENANCE, UH, ON THAT STRUCTURE BEING SO CLOSE TO THE FENCE IN THE PROPERTY LINES.
UM, WE'VE STAINED IT ON THE BACKSIDE TO PREVENT WATER DAMAGE AND IT'S USING TREATED LUMBER.
UH, BUT IF THERE'S A NEED FOR MAINTENANCE, AGAIN, OUR FENCE, WE HAVE BASICALLY HAVE A FOOT, WE COULD TAKE OUR FENCE OUT AND WE WOULD'VE A FOOT MANEUVERABILITY BETWEEN THE TRUE PROPERTY LINE AND THE ACTUAL STRUCTURE.
THAT'S ONLY, THAT'S ONLY ONE FOOT THOUGH.
SO, UM, MY BIGGEST ISSUE WITH THIS IS THE, THE, THE EASEMENTS, UM, WHETHER THEY'RE IN CONDUIT OR THEY NEED TO GO THERE WITH THE SHED AND THIS TOGETHER, THERE IS NO ACCESS TO CPS AT AND T SPECTRUM.
I I MEAN, I, I JUST, UNLESS I HAD AN ENCROACHMENT AGREEMENT IN FRONT OF ME, I, I'M, I JUST, I CAN'T GET BEHIND SOMETHING LIKE THIS.
SO I'M WONDERING, HAVE YOU TALKED TO CPS OR ANYTHING? I'M, I WASN'T.
IF IT WAS TAXES OR SOMETHING TO THAT EFFECT, I WOULD KNOW WHAT TO DO.
ALL THIS IS 1000% GREEK TO ME, SO, OKAY.
I'M RELYING ON YOUR EXPERTISE.
MY, UH, I'M JUST GONNA, UH, PUT IT OUT THERE THAT, UM, IF THIS THING PASSES THEN IT PASSES.
BUT, UH, IF THE APPLICANT WANTED AN OPPORTUNITY TO PURSUE AN ENCROACHMENT AGREEMENT, UH, THAT'S THE ONLY WAY I WOULD EVER BE IN SUPPORT OF THIS.
SO, AND MAYBE JUST FOR EDIFICATION FOR ME, UM, SO WITH REGARDS TO ENCROACHMENT, I MEAN, WE CAN'T GRANT, OR WE CAN'T BYPASS ENCROACHMENT.
SO IF THE CITY WANTED TO COME BACK THROUGH OR AT AND TI MEAN, THEY WOULD HAVE PER, THEY WOULD HAVE FULL RIGHTS TO JUST TEAR RIGHT THROUGH THE WHOLE THING, CORRECT? WELL, THEY, THEY CAN'T, THEY THEORETICALLY COULD, BUT IN MY
[01:35:01]
DISCUSSIONS WITH CPS, SPECIFICALLY CPS, THEY REALLY DON'T LIKE IT WHEN PEOPLE BUILD THINGS ON THEIR EASEMENTS.AND IT'S ONE THING IF IT'S A FOOT OR TWO, BUT NOT, I MEAN, NOT THIS MUCH.
AND SO, AND I WOULD SEEM RECALL, AND I APOLOGIZE, I'VE SEEN RECALL IN PRIOR DIALOGUES, WE'VE HAD DISCUSSIONS WHERE WASN'T THAT A REQUIREMENT THAT THEY WOULD HAVE TO GO BACK THROUGH TO OBTAIN THAT.
AND REALLY, EVEN IF WE DID A GRANT, IT WOULD STILL REQUIRE THAT THEY WOULD HAVE TO GET THAT AT THAT EASEMENT AGREEMENT.
UH, STAFF TRADITIONALLY DOESN'T ASK FOR IT UNLESS IT'S COMMERCIAL, FROM MY RECOLLECTION.
AND SINCE THERE'S NO PERMIT, THERE'S NO, EVEN IF THEY DID, THERE'S NOTHING TRIGGERING IT.
AND LAST TIME WE CHECKED ON THIS, UM, WHEN WE TALKED TO CPS, THEY WANTED US TO, ON ANOTHER CASE, JUST LIKE YOU SAID EARLIER, UM, THEY ARE ABLE, IF THEY NEED TO GET THROUGH THERE AND THEY NEED TO TEAR THE STRUCTURE, THAT'S WHAT THEY CAN DO LEGALLY BECAUSE IT'S THE EASEMENT.
THAT'S WHY IF YOU GET AN ENCROACHMENT AGREEMENT, YOU, YOU WORK ALL THAT OUT.
AND SO, UM, BUT I'M JUST SAYING THAT IF IF, IF THERE WAS A, UH, CONTINUANCE SO THAT THEY COULD PURSUE SUCH A THING, I'D BE FOR THAT.
OTHERWISE, I CAN'T BE IN SUPPORTED.
IT'S JUST, IT'S TOO MUCH COVERING THE EASEMENT FOR ME.
HOW LONG WOULD IT TAKE TO RESOLVE THAT ISSUE OF AN ENC ENCROACHMENT AGREEMENT? IT CAN TAKE TWO MONTHS.
WELL, WELL, I CAN TO DEFER THIS ITEM FOR MR UH, BARRINGTON, CAN YOU SPEAK INTO THE MICROPHONE, SIR? COMMISSIONER? PARDON? WE CAN'T HEAR YOU.
YOU'RE SPEAKING AND NOT SPEAKING INTO THE MICROPHONE.
I WAS ASKING HOW LONG IT WOULD TAKE TO OBTAIN THE ENCROACHMENT AGREEMENT, IF YOU CAN.
AND THE POINT OF MY QUESTION IS TO CONSIDER THE POSSIBILITY OF POSTPONING CONSIDERATION DID OF, OF THIS ISSUE TO SOME OTHER MEETING AT THAT LATER DATE.
I'VE NEVER EVEN HEARD OF AN ENCROACHMENT AGREEMENT BEFORE, SIR.
UH, I CAN CERTAINLY DO MY BEST TO GET ONE.
AND, AND, UH, WE UNDERSTAND THE RISK THAT'S INVOLVED, THAT IF THEY HAD TO COME IN, WE WOULD HAVE TO TEAR THAT DOWN.
UH, THE PROBABILITY OF THAT OCCURRING AGAIN, THEY JUST DID IT LAST YEAR AND THAT WAS THE FIRST TIME IN 40 YEARS.
SO THE PROBABILITY IS VERY SMALL THAT THIS WOULD EVER OCCUR.
AND IN FACT, WITH NOW WITH THE TUNNELING CAPABILITY BETWEEN THE TWO POINTS, IT'S ALMOST NIL.
BUT, UM, IF THAT'S WHAT I NEED TO SAVE THIS STRUCTURE, I MEAN, THIS WAS A $30,000 INVESTMENT.
IF THAT'S WHAT I NEED, AN ENCROACHMENT DOCUMENT, I WILL GO GET ONE FOR YOU.
WELL, I THINK, YOU KNOW, WHEN YOU CONSIDER THE FACT THAT IT TAKES A THREE QUARTERS VOTE OF THIS BOARD TO GRANT YOUR VARIANCE, THAT MIGHT BE THE BETTER WAY FOR YOU TO GO.
SO, SO JUST A QUESTION FOR THE APPLICANT HERE.
SO WITH REGARDS TO, UM, POSTPONING, UM, I GUESS, UM, UH, OR DEFERRING, I GUESS THE SCHEDULE HERE.
SO THE PROPERTY IS STILL, OR THE STRUCTURE'S STILL USABLE, IS THAT CORRECT? OUTSIDE OF THE, UM, THE REQUIREMENT THAT YOU COULD PUT IN SOME GUTTERS OR SOME OTHER THINGS, BUT PREDOMINANTLY THE STRUCTURE IS CURRENTLY USABLE.
UH, WE HAVE NOT DONE ANYTHING WITH IT PENDING IF WE COULD GET IT APPROVED.
'CAUSE WE DIDN'T WANT TO PUT ANY MORE MONEY INTO IT, YOU KNOW, IT NEEDS, UH, THE BOTTOM NEEDS TO BE, UH, SEALED AND STAINED AND THAT TYPE OF STUFF, YOU KNOW.
BUT, UH, IT'S NOT INCURRING ANY, UH, SUBSTANTIAL CONSTRUCTION DAMAGE AT THIS POINT AS IT STANDS.
BRAGMAN COMMISSIONER BRAGMAN, IS THIS STRUCTURE ON A SLAB OR WHAT IS IT ON? IT'S ON POSTS, MA'AM.
BECAUSE IT LOOKS LIKE IT'S RAISED UP ABOVE THE COPING OF THE, THE POOL, WHEREAS THE OTHER STRUCTURE LOOKS LOWER.
THE O THE OTHER ONE, THE, THE SHED IS ON, UM, RAILROAD TIES ACTUALLY.
UH, AND IT'S S SOMETHING DOWN A BIT 'CAUSE OF THE, THE SETTLEMENT OF THE LAND.
THAT'S WHY THIS ONE WE PUT UP ON POSTS ALSO MAKES IT, UH, IF, IF WE HAVE TO DISASSEMBLE IT IN THE EVENT THAT CPS WANTS TO GO THROUGH THERE FOR SOME REASON IT COULD BE DONE.
UH, IT'S NOT A CONCRETE FOUNDATION THAT WE WOULD HAVE TO JACKHAMMER OUT IT'S POSTS.
IT'S THE EQUIVALENT OF HAVING PLANTED MAYBE SEVEN TREES BACK THERE.
ALRIGHT, ANY OTHER COMMENT? UH, COMMISSIONER COMMENTS? HEARING NONE, UM, I'LL LEAVE THIS UP TO, UH, SOMEONE ON THE COMMISSION TO MAKE A MOTION.
I, I MOVE THAT WE CONTINUE THIS ITEM TO, UH, WHAT, WHAT'S OUR STAFF, WHAT'S OUR MEETING DATE TWO MONTHS FROM NOW? SO TWO MONTHS FROM NOW WOULD BE SEPTEMBER 2ND.
[01:40:01]
CONTINUE THIS ITEM TO SEPTEMBER 9TH.YEAH, THERE'S A MOTION AND A SECOND BY COMMISSIONER BENAVIDES, UH, TO CONTINUE.
IS THERE ANY, ANY COMMISSIONERS' LIKE TO, UH, UM, UH, ADD TO THE DISCUSSION BEFORE WE HAVE A ROLL CALL VOTE.
HEARING NONE, UH, LET'S HAVE A ROLL CALL.
I YOU NEED A ROLL CALL ON A CONTINUANCE? UH, WE DON'T, WE ALL IN FAVOR OF CONTINUES TO SEPTEMBER 2ND.
UH, CITY ATTORNEY HAS REQUESTED IF WE CAN DO IT, UH, SO WE DON'T GO OVER 60 DAYS FOR THE AUGUST 19TH, UH, MEETING.
THAT WAY IF WE NEED TO EXTEND IT AFTER THAT, WE CAN, BUT WE DON'T WANNA SIX DAYS MAKE THE MOTION TO ADVISE TO AUGUST 16TH.
ALRIGHT, UH, ALL IN FAVOR OF AUGUST 19TH CONTINUANCE.
ANY OPPOSED? MOTION IS CONTINUED.
SO THE WAY IT WORKS IS, UH, YOU CAN JUST GOOGLE, UM, CPS ENCROACHMENT AGREEMENT, THOUGH.
USUALLY YOU'LL FIND A ONE PAGE INSTRUCTIONS.
THEY'RE PRETTY OLD, BUT IN GENERAL, IT'S A SHORT LETTER.
IT'S INFORMATION ABOUT WHAT YOU'RE DOING AND THEN JUST SEND IT TO THEM.
AND THERE, THE FEE FOR, DEPENDING ON WHAT'S IN THERE, IF THERE'S ELECTRIC AND GAS, WHETHER IT'S UNDERGROUND OR OVERHEAD, IT COULD BE ANYWHERE BETWEEN 210 BUCKS TO $405 AND YOU'LL, YOU'LL INTERACT WITH CPS, BUT YOU HAVE TO GET THAT STARTED.
'CAUSE THEY TAKE A GOOD 30 DAYS TO INITIATE, TO COMMIT.
DO THE REVIEW, UH, IF YOU HAVE ANY QUESTIONS.
IS THERE ANYONE ON THE STAFF? ARE Y'ALL AWARE OF ANY OF THOSE INSTRUCTIONS OR ANY DIRECTION? NO, SIR.
UM, TELL YOU WHAT, UM, WHEN I GET TO THE OFFICE TODAY, I WILL EMAIL Y'ALL, UM, SOME PDFS OF INFORMATION AND WE, WE DO HAVE OUR, UH, LAND ENTITLEMENT FOLKS THAT CAN GIVE THEM THAT.
SOME INFORMATION ON HERE, YOU CAN GO GET WITH STAFF, THEY'LL GIVE YOU SOME, I'LL TAKE YOU OVER THERE.
MR. CHAIR, CAN YOU MUTE YOUR MICROPHONE FOR ONE SECOND? OKAY.
WE'RE TRYING TO FIGURE OUT WHAT IT IS.
ADDRESS, 2 6 2 2 LAKE LEDGE COUNCIL DISTRICT TWO, APPLICANT ENRIQUE AND YOLANDA AGUILAR.
I REQUEST FOR A TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT FENCE HEIGHT TO ALLOW US EIGHT FOOT PRIVACY FENCE IN THE SIDE YARD ZONING IS R SIX.
THE SUBJECT PROPERTY IS LOCATED ALONG LAKE LEDGE STREET, SOUTH OF US, HIGHWAY 87 EAST.
THE APPLICANT WAS ISSUED A NOTICE OF VIOLATION ON MAY 22ND, 2024 FOR CONSTRUCTING A FENCE WITHOUT A PERMIT.
THE APPLICANT STATED THEY ADDED HEIGHT TO AN EXISTING FENCE FOR SECURITY AND PRIVACY REASONS AGAINST ONE SIDE OF THEIR PROPERTY DUE TO ABUDDING NEIGHBOR'S NUMEROUS CAMERAS.
FURTHERMORE, THE APPLICANT STATED THE ONLY WISH TO KEEP EIGHT FEET ON ONE SIDE OF THE PROPERTY BEHIND THE FRONT FACADE.
THE REST OF THE FENCING HEIGHT ON THE PROPERTY FALLS UNIFIED DEVELOPMENT CODE.
THE SUBJECT PROPERTY HAS A CARPORT THAT APPEARS NON-CONFORMING IN THE FRONT AS STREET VIEW PHOTOS SHOW IT WAS BUILT PRIOR TO 2007.
SITE PLAN, SUBJECT PROPERTY AND THE SURROUNDING AREA.
STAFF RECOMMENDATION FOR THE FENCE HEIGHT, SPECIAL EXCEPTION STAFF RECOMMENDS DENIAL AND BO OA 24 1 0 3 0 0 1 0 8 BASED ON THE FOLLOWING FINDINGS OF FACT THERE, NO.
THE REQUEST WILL ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD AND NO OTHER SIMILAR FENCE HEIGHT WITHIN THE FRONT YARD WAS SEEN IN THE MEDIA AREA.
UM, WE MAILED OUT 31 NOTICES IS ZERO IN FAVOR, ZERO IN OPPOSITION.
NO REGISTERED NEIGHBORHOOD ASSOCIATION WITH INTERNAL FEET AND NO PUBLIC COMMENT.
THAT CONCLUDES STAFF PRESENTATION AND THE APPLICANT IS AVAILABLE.
[01:45:01]
FORWARD? HELLO? HELLO? UH, PLEASE TELL US YOUR NAME AND ABOUT YOUR PROJECT.THIS IS MY HUSBAND, ENRIQUE AGUILA.
YOU HAVE TO REALLY SPEAK INTO THIS MOMENT.
AND WE'VE LIVED AT THIS ADDRESS, UM, OVER 29 YEARS.
UH, OUR WISH IS TO, TO RETIRE OR ENJOY OUR RETIREMENT.
AND, UM, WE MAINLY TEND TO OUR YARD AND OUR HOME.
UM, AND SO, UM, WE HAVE NEVER HAD ANY ISSUES WITH ANY OF OUR NEIGHBORS IN ALL THESE YEARS THAT WE'VE LIVED THERE.
MOST OF US ARE SENIORS AND WE TEND TO ONE ANOTHER.
UM, RECENTLY THESE NEIGHBORS MOVED IN AND, UM, SINCE THEN WE'VE, WE'VE HAD SEVERAL ISSUES.
UH, ONE BEING THEM HAVING CAMERAS FACING OUR HOME.
I, I TEND TO MY GARDENS THAT I ENJOY DAILY.
UM, AND WE HAVE FAMILY AND FRIENDS THAT VISIT US.
UM, AND SO, UH, THEY HAD MADE IT KNOWN THAT, THAT THEY LISTENED TO OUR CONVERSATIONS AND, UM, THAT THEY, UM, HAVE THOSE CAMERAS FACING OUR BACKYARD AND OUR, OUR HOME.
UM, SO MY HUSBAND DECIDED TO BUILD A WALL.
UM, I GUESS YOU WOULD SEE IT HERE AND, UH, AND THAT WOULD BE TO, TO HAVE OUR PRIVACY AND TO ENJOY OUR, OUR YEARS OF RETIREMENT.
UM, SO WE ASK, WE PRAY THAT YOU ALLOW US TO KEEP THIS BENCH FOR OUR, UM, PEACE OF MIND IN OUR, IN, IN OUR PRIVACY AND OUR SECURITY AND THE SECURITY OF OUR YEAH.
WELL, UM, SO ONE OF THE ISSUES THAT WE'VE HAD WITH, UM, THE NEIGHBOR IS THAT, UM, HE CALLS US PEEPING TOMS THEY HAVE CHIL SIX CHILDREN LIVING IN THAT HOME.
UM, THAT THEY'VE, FROM WHAT WE HEARD IS, UM, THEY'VE, UM, ADOPTED, ADOPTED FROM THEIR, THEIR DAUGHTERS.
UM, AND SO, UM, THEY HAVE ACCUSED US TO ONE OF OUR OTHER NEIGHBORS THAT WERE STATED THAT, THAT WE'RE PEEPING TONGS.
AND I'VE HEARD THE MAN YELLING OUT PERVERTS.
I, I WALK OUTSIDE TO, TO, TO, UM, THROW MY TRASH.
AND I HEAR THIS MAN YELLING, YOU'RE NOTHING BUT PERVERTS.
AND BEFORE THAT WAS BEFORE MY HUSBAND HAD BUILT THAT WALL.
AND SO, UH, ONCE ALL OF THIS STARTED HAPPENING, MY HUSBAND DECIDED TO, TO TAKE, UH, FROM OUR LAND, UH, FROM OUR PROPERTY.
SO WE PRAY THAT YOU LET US KEEP THAT WALL.
THE BOUNDARY FENCE LIES ON THE OTHER SIDE OF IT.
IT'S THE ONE THEY'RE SHOWING NOW.
IT'S SEVEN INCHES ON THE OTHER SIDE OF THAT WALL.
AND WE DO IT SOLELY FOR PRIVACY.
WE DON'T HAVE NO PRIVACY WHATSOEVER IN THE FRONT.
WE GOT THREE CAMERAS STARING AT US, ONE ON THE SIDE OF THE HOUSE AND TWO IN THE BACK STARING AT US AND WITH MICROPHONES.
UH, LET'S SEE IF THERE'S ANY QUESTIONS FROM THE COMMISSION.
SO CURRENTLY THERE'S, IT SHOWS A PICTURE HERE WHERE IT LOOKS LIKE, UM, IS, IS THIS THE FRONT OF THE FENCE THAT YOU'RE LOOKING TO, TO HAVE APPROVED OR ARE YOU LOOKING TO EXTEND IT FURTHER FORWARD THAN WHAT IS CURRENTLY SHOWING HERE? THAT'S IT.
UH, ACTUALLY THAT IS A CANVAS BECAUSE WE RAN OUTTA MONEY TO FINISH IT.
WE DON'T HAVE ACCESS TO A LOT OF MONEY.
[01:50:01]
BUT CAN YOU, UH, SPEAK INTO THE MIC, SIR? UH, THAT'S AS FAR AS WE GOT WITH THE PRIVACY.AND, UM, THAT IS JUST A CANVAS TO KEEP THE OTHER CAMERA RIGHT BEHIND THAT WE CAN'T EVEN EXIT OUR GARAGE DOOR RIGHT THERE.
'CAUSE HE HAD CAMERAS STARING RIGHT AT US.
WE CAN'T GO THROUGH THE BACKYARD.
WE GOT TWO CAMERAS IN THE FRONT.
THEY GOT THREE CAMERAS LOOKING AT US.
WE CAN'T LEAVE THE HOUSE BECAUSE THEY KNOW EXACTLY WHEN WE LEAVE OR COME BACK OR WE GO TO THE BACKYARD.
HERE HE IS ON FRIDAY NIGHT, HE'S CUSSING AWAY AND HE USES FOUL LANGUAGE LIKE CHIN.
AND EVERY MEXICAN IN HERE KNOWS WHAT THAT MEANS.
SO WELL THAT'S THE WORDS HE USED, YOU KNOW, SO IT'S, UM, HE'S PUSHING ME TO WHERE I WILL RETALIATE.
THE POLICE OFFICERS TOLD ME THE SAME THING.
TWO OF THEM TOLD ME HE'S PUSHING YOU TO FOLLOW UP ON, ON WHAT HE'S DOING.
HE'S INTIMIDATING, INTIMIDATING EVERY SINGLE TIME ON MOTHER'S DAY.
HE WAS IN THE MIDDLE OF THE STREET HUMPING IN FRONT OF HIS GRANDKIDS AND HIS DAUGHTER HUMPING, COME AND GET ME, COME AND GET ME PUMPING.
I MEAN, UH, GRANDFATHER DOING THIS IN FRONT OF HIS GRANDKIDS.
YEAH, IT'S, SO THE QUESTION, UM, ON THE, UM, SO, SO LOOKING AT THE, UM, FRONT OF THE HOUSE ON THE LEFT HAND SIDE, YOU HAVE THE FRONT FENCE, UM, THAT'S CURRENTLY THERE.
THAT LOOKS LIKE A, A PREDOMINANTLY OPEN, UH, WROUGHT IRON FENCE.
AND SO, SO THAT'S GONNA REMAIN THERE CURRENTLY? IS THAT THE YES, SIR.
SO THEN YOU'RE, YOU'RE ONLY ASKING FOR THE FENCE TO BE ON THE SIDE, NOT TO, NOT TO EXCEED THE FRONT OF THE, UH, EXACTLY.
EXISTING FENCE FACING STREET, SIR.
UH, IS THERE ANY, UH, ANYONE SIGN TO SPEAK ANY VOICEMAILS? GOT ONE VOICEMAIL AND ONE SIGN UP TO SPEAK? OKAY, WELL, LET'S HEAR THE VOICEMAIL FIRST.
THIS IS WILLIAM L. MYERS AT 26 27 LAKE LEDGE STREET, SAN ANTONIO, TEXAS 7 8 2 2 2.
AND I'M CALLING ABOUT THIS, UH, BOARD OF ADJUSTMENT REQUEST FOR 26 22 LAKE LEDGE, AND I AM IN FAVOR OF IT.
AGAIN, MY NAME IS WILLIAM L. MYERS AND MY WIFE DIANA MYERS AT 26 27 LAKE LEDGE STREET, SAN ANTONIO, TEXAS 7 8 2 2 2.
AND MY NUMBER'S 2 1 0 8 6 0 6 3 4 9 2 1 0 8 6 0 6, 3, 4, 9.
LET'S HAVE THE PERSON, UH, WHO SIGNED UP TO SPEAK COME FORWARD, MR. CHRIS NCE.
WE WE'RE GONNA HEAR FROM SOMEONE WHO SIGNED, BEFORE I GET DISMISSED, MAY I ALSO MENTION THAT, UM, I PUT TOGETHER A PETITION.
UH, WE, WE'LL, UM, WE'RE GONNA HEAR FROM, UH, THIS, UH, CITIZEN SIGNED UP TO SPEAK, AND THEN WE WILL, YOU'LL BE ABLE TO COME BACK UP AND WE'LL, THANK YOU.
YOU GOT, I APPRECIATE YOUR TIME.
PLEASE STATE YOUR NAME AND TELL US YOUR THOUGHTS.
I KNOW THIS ISN'T IMPORTANT, BUT THAT HAS NOTHING BUT A LIAR.
HE'S THREATENED ME WITH A MACHETE BEFORE HE CALLS ME INTO THE STREET THAT HE'S GONNA KICK MY F IN ASS.
AND THE OTHER DAY I GOT TIRED OF IT.
I TOLD HIM, HERE I AM OUT IN THE STREET, COME GET ME.
I HAVE A CAMERA FACING AT MY FRONT DOOR.
I HAVE A CAMERA FACING AT MY BRAND NEW AC UNIT BECAUSE YOU DON'T KNOW THIS MAN.
EVERYTHING HE TOLD YOU IS A LIE.
EVERYTHING HE TOLD YOU IS HIM.
I DON'T ASK ANYBODY FOR ANYTHING.
THIS MAN HAS A CAMERA ON HIS BACK PATIO COVER FACING MY BACKYARD LIKE THAT.
HE'S EXTENDED IT ON A PIECE OF TWO BY FOUR.
AND MY GRANDDAUGHTERS, WHAT HE DID WHEN HE PUT HIS NEW FENCE, HE LEFT, HE LEFT THE PLANKS OUT SO MY DOGS COULD GO THROUGH, BUT I, I, I SCREWED HIM BECAUSE I WENT AND BOUGHT SOME CATTLE PANELS WHERE THEY COULDN'T GO THROUGH.
AND THEN IT'S TRUE, MY GRANDDAUGHTER'S 14, 15 TOLD ME GRANDPA, WE SAW HENRY LOOKING THROUGH THE FENCE.
AND WHEN HE, WHEN I TOLD MY NEIGHBOR THAT ACROSS THE STREET, I KNEW HE WOULD TELL HIM.
THAT'S WHY I TOLD HIM, AND I SHOULD HAVE CALLED THE LAW, BUT I SHOULD HAVE DID.
WE'RE CERTIFIED, WE ARE, WE ARE CERTIFIED, UM, UH, FOSTER CARE HOME AND YOU KNOW, AND THEN AFTER, AFTER HE FOUND THAT OUT, THAT'S WHEN HE EXTENDED THE FENCE AND COVERED
[01:55:01]
THE, THE, THE GAPS.AND I GOT PICTURES THAT I, I GOT PICTURES.
I CAN SHOW YOU THE STUFF HE LEFT ON THE INSIDE OF THE FENCE THAT HE DID IT JUST TO BE AN ASS.
YOU CAN NOW SHOW YOU THE PICTURE.
BUT, UM, THEY CAN DISPLAY IT UP ON THE, YOU ON THE PHONE.
I ALSO RESIDE THERE AT 26 18 LAKE LEDGE.
UM, THE CAMERAS THAT WE PUT UP AS AS NEW HOMEOWNERS, UH, ALL NEW HOMEOWNERS INSTALL CAMERAS, UM, NONE OF THE CAMERAS THAT WE HAVE INSTALLED ARE FACING TOWARDS HIS PROPERTY AT ALL.
SO THAT'S WHAT THIS MAN DOES AT, AT ALL.
UM, THEY'RE TO PROTECT OUR HOME.
UM, WE HAVE ONE TO OUR CARPORT TO OUR FRONT DOOR.
THE CAMERA THAT HE WAS REFERRING TO, UH, THAT IS ON THE SIDE OF HIS HOUSE IS NOT FACING HIS HOUSE.
IT'S FACING OUR, HE HAS A COMPANY, HE HAS A COMPANY VEHICLE.
UM, IT WAS TAMPERED WITH BEFORE AND WE HAD TO HAVE A CAMERA PUT THERE.
UM, HIS CAMERA SITS PROBABLY, IT'S ON TOP OF HIS CARPORT IN THE BACK OR HIS COVER IN THE PATIO COVER IN THE BACK.
AND IT'S FACING STRAIGHT INTO OUR YARD.
UM, THE WAY THAT, UM, THE NEIGHBOR, APPARENTLY THERE'S A THIRD PARTY NEIGHBOR THAT IS INVOLVED, UM, WHICH IS IN THE MIDDLE.
UM, WE, WE DON'T EVEN GO TO OUR FRONT YARD, UM, JUST TO CUT THE YARD.
WE DON'T EVEN GO TO THE BACKYARD BECAUSE THIS CAMERA'S OUT THERE.
WE HAVE GRANDCHILDREN, LIKE I SAID, WE, WE DO HAVE SIX CHILDREN THAT WERE ADOPTED.
THEY WON'T EVEN GO IN THE, OKAY.
THEY WON'T EVEN GO IN THE BACKYARD.
I UNDERSTAND, UH, YOUR TIME'S UP, BUT WHAT IF WE HAVE ANY QUESTIONS OR ANY QUESTIONS, DEAN, FOR THESE SPEAKERS? COMMISSIONER, DEAN, HOW, HOW LONG YOU LIVED AT THE HOUSE? WE'VE, IT'LL BE THREE YEARS IN JANUARY.
AND AGAIN, WE'VE NEVER HAD ANY PROBLEMS THERE.
WE, YOU KNOW, WE DON'T GO OUTSIDE.
WE DON'T, I USED TO GET ALONG WITH THIS MAN 'CAUSE HE GOT MAD AT ME.
AND WHAT, WHAT, HOW MANY, HOW MANY, UH, CHILDREN YOU SAID YOU HAVE FOSTERING AGAIN? WE HAVE, THERE'S FOUR FOSTER CHILDREN AND THEN, UM, THEY'VE ALL BEEN, BEEN ADOPTED.
THEY'VE ALL BEEN ADOPTED AT THIS POINT.
SO WE HAVE SIX ADOPTED CHILDREN.
AND HOW DO YOU PLAN TO, UH, KEEP FOSTERING OR NO, THAT'S, THAT'S, THEY'RE, UM, THERE ARE GRANDCHILDREN LIKE MISS YOLANDA SAID, THEY'RE FROM OUR, OUR, OUR DAUGHTER.
UM, SO, UM, YEAH, THAT'S, THAT'S, AND AND THEY DON'T, YOU KNOW, THEY'VE STOPPED FROM GOING OUT TO THE BACK.
UM, OUR GRANDCHILDREN COME AND VISIT.
OUR CONCERN IS THAT THE FENCE THAT WAS LEFT INSIDE, UM, IS A HAZARD BECAUSE IT'S, IT'S GOT THE DOGS GET, NOT ONLY GET IN THERE, BUT WE DO HAVE SMALL, UH, GRANDCHILDREN THAT DO COME OUT AND PLAY.
WE HAVE A TRAMPOLINE BACK THERE.
UM, BUT EVEN OUR DAUGHTERS, UM, OUR OTHER DAUGHTERS AND OUR SON, UM, YOU KNOW, THEY DON'T, THEY DON'T FEEL COMFORTABLE BACK THERE BECAUSE THE, THE, THE, THE CAMERA THAT IS FACING STRAIGHT INTO OUR YARD AND THAT CAMERA WAS PLACED THERE WAY BEFORE WE PUT, UH, OUR CAMERAS UP.
SO MY QUESTION IS, IS, IS IT SEEMS LIKE, UH, ARE YOU FOUR HAVING A TALL FENCE BETWEEN YOU TWO OR A UM, WE, NO, WE'RE NOT, WE DON'T HAVE A PROBLEM WITH THAT.
HE CAN HAVE HIS FENCE, BUT THE ONE THAT'S ON THE OTHER SIDE, HIS OLD FENCE, HE LEFT IT THERE ON PURPOSE.
IT'S POSING A HAZARD IS, IS WHAT WERE OUR CONCERN.
IT'S MISSING, IT'S MISSING THE PLANTS AND THE DOGS GET IN THERE AND, YOU KNOW, IT'S DANGEROUS.
SO, SO THAT'S, NONE OF THAT FENCING IS YOUR FENCE, IT'S ALL NO, NO, IT'S NOT.
AND IT, IT IS, IT'S A, IT'S AN EYESORE.
YOU COULD SEE BY THE PLASTIC THAT'S UP THERE.
EVERYBODY THAT I'VE HEARD TO COME UP HERE IS TALKING ABOUT THE BEAUTIFICATION OF THEIR HOME.
THE CONCERN WITH THAT, UM, AND THIS IS, THIS IS REALLY, IT'S OKAY IF WE WERE TO PUT OUR HOUSE UP.
FOR SALE, I MEAN, I UNDERSTAND STAFF.
UH, ARE YOU ALLOWED TO BUILD TWO FENCES, ONE NEXT TO EACH OTHER LIKE THAT? NO.
THERE'S NOTHING PREVENTING IT? NO.
I MEAN, THE THING IS THAT WE'RE, I, THERE'S NOTHING WE COULD DO ABOUT THAT.
I, AND I JUST FROM HEARING THE OTHER CASES, I, I'M AWARE OF THAT, YES.
AND THEN, UM, IS IS, YOU HAD MENTIONED THAT THERE'S A CAMERA ON A TALL POST.
IS IT AFFIXED TO THE FENCE? IT'S AFFIXED TO HIS, UM, CARPORT IN THE BACK.
NO, I, I'M JUST CURIOUS TO KNOW IF IT WAS PART OF A FENCE POST.
'CAUSE THERE IS A HEIGHT LIMIT ON A FENCE THAT WE'RE HERE TO DISCUSS.
UH, HIS, UH, COVER IN THE BACK.
[02:00:01]
UH, JUST TO, UH, CLARIFY THE, UH, PERMANENT MATERIAL THERE THAT HE HAS FOR HIS FENCE THAT'S NOT PERMITTED.UM, I'M, I THINK HE JUST MENTIONED THAT HE JUST HAS THAT TEMPORARILY, BUT THAT IS OBVIOUSLY NOT A FANCY MATERIAL.
SO THAT'S NOTHING THAT'S GONNA BE APPROVED HERE OR CONSIDERED HERE TODAY.
IF THIS, IF, IF, IF THIS GETS APPROVED IN, IN SOME FASHION, IT WOULD HAVE TO BE AN ALLOWED MATERIAL, SO.
UM, ANY OTHER COMMISSIONER? UH, QUESTIONS? ALRIGHT, HEARING NONE, UH, WHAT WE'LL DO IS, UM, WE'RE GONNA DELIBERATE AND WE'LL SEE HOW THIS TURNS OUT.
BUT FIRST WE HAVE TO HEAR BACK FROM THE APPLICANT IF THEY CAN COME BACK TO THE PODIUM.
SO WHAT HAPPENS NOW IS WE, WE'VE HEARD SOME PUBLIC COMMENTARY AND YOU'VE HEARD QUESTIONS AND RESPONSES.
UH, WE'RE GONNA GIVE YOU AN OPPORTUNITY FOR A REBUTTAL.
ANYTHING YOU THINK WE, WE NEED TO HEAR.
UH, AND THEN IF THERE ARE ANY OTHER QUESTIONS WE'LL ASK THEM AND THEN WE'LL DELIBERATE.
SO WHAT THE FENCE, THE, WHAT HE'S TALKING ABOUT IS A BOUNDARY FENCE THAT HE REFUSED TO HELP OR PITCH HIM TO HAVE REPLACED.
I SAID, WELL, YOU DON'T LIKE IT.
HE, HIS, I QUOTE, I DON'T LOOK THAT WAY.
SO HE BACKED OFF 'CAUSE HE DIDN'T WANT TO PITCH IN FOR THE FENCE.
SO, UH, THAT'S WHY IT'S THERE, NOT BECAUSE I NEGLECTED IT.
HE HAD AN OPPORTUNITY TO HELP US OR PAY FOR IT, BUT HE DIDN'T.
WELL WE HEARD FROM STAFF THAT THAT'S NOT A VIOLATION OF ANYTHING.
SO THAT, THAT'S NOT SOMETHING THAT WE'LL BE, WE CAN MOVE FORWARD CONSIDERING.
UM, IS THERE ANYTHING ELSE YOU'D LIKE TO ADD? YES, UM, THE CAMERA THAT THEY'RE SPEAKING OF THAT WE HAVE UP, UM, IS ACTUALLY NOT A CAMERA.
THE ONE IN THE BACKYARD IS NOT A CAMERA.
UM, HE PUT IT ON UP THERE BECAUSE, UM, BECAUSE THEY HAD THEIR CAMERAS FACING OURS.
SO HE THOUGHT, WELL, WE'LL JUST DO THE SAME.
BUT IT'S NOT A CAMERA, IT'S, IT'S A DUMMY.
HE THINKS IT'S A CAMERA AND APPARENTLY HE DIDN'T, I, I DON'T KNOW IF HE'LL THINK THAT ANYMORE, BUT
UH, IF THERE'S NOTHING ELSE, UH, WE WILL, WE'LL SEE.
UM, I HAVE A QUESTION FOR YOU.
UM, DEFENSE RIGHT, THAT YOU HAVE RIGHT NOW, THAT'S AN ISSUE IS NOT FINISHED, RIGHT? YES SIR.
UH, YOU SAID YOU DON'T HAVE THE FUNDS TO CONTINUE IT ALL THE WAY FORWARD.
UM, RIGHT NOW THAT, UM, WHATEVER KIND OF SHEET YOU HAVE IS NOT ACCEPTABLE AS FENCE MATERIAL.
SO THE QUESTION IS WHEN DO YOU INTEND TO COMPLETE THE FENCE? HOPEFULLY IF WE GET OUR NEXT FILTER SECURITY CHECK, I CAN FINISH IT BECAUSE IT COSTS MONEY TO PUT IT UP.
I DON'T HAVE NO MONEY TO PAY SOMEONE, SO I HAD TO DO IT BY MYSELF.
BUT THAT THE ONLY HOLD UP WAS FINANCIALLY THAT WE COULDN'T FINISH IT.
BUT THERE IS A CAMERA ON THE OTHER SIDE OF THAT THAT HE SAYS HE'S FACING NOTHING BUT A A NOT THE COMPANY TRUCK.
THE COMPANY TRUCK IS ON THE OPPOSITE, ON THE FRONT SIDE OF THE HOUSE.
COMMISSIONER CAN SEE ONE OF THE CAMERAS FROM THE SIDE HERE.
SO THE QUESTION A, UM, SO WHAT IS THE TIMEFRAME, UM, THAT A APPLICANT'S ALLOWED TO UH, BRING, WE'LL SAY THE FENCE INTO COMPLIANCE? SO IS THERE A TIMELINE WHERE THE CITY GOES BACK? UH, THERE'S NO TIMEFRAME UNLESS CO COMPLIANCE GETS INVOLVED.
PERMITT CAN'T GET APPROVED IF THAT'S ON THERE.
SO, UM, IS IT, WOULD A FENCE PERMIT BE SIMILAR TO OTHER PERMITS WHERE AS LONG AS THERE'S NO DORMANCY FOR SIX MONTHS, IT CONTINUES.
I'LL HAVE TO GET A CLARIFICATION ON THAT.
'CAUSE 'CAUSE I WAS WONDERING IF, YOU KNOW, IF A CODE COMPLIANCE IS CALLED BACK OUT SO THEN THERE'S UM, REPERCUSSIONS BECAUSE OF THAT.
THEY'D HAVE TO REMOVE THAT, THAT HANGING, UH, SKIRT FABRIC THING AND THEN BE CONTINUALLY WORKING ON IT.
YEAH, THAT, UH, TIMELINE IS GONNA HAVE TO CO THERE IS A CO COMPLIANCE, UH, CASE AGAINST THIS THAT CO THAT TIMELINE WOULD HAVE TO COME FROM CODE OF COMPLIANCE.
[02:05:01]
OKAY.HAS THERE NO OTHER QUESTIONS? LOOKING FOR A MOTION, STEVENS COMMISSIONER STEVENS REGARDING CASE NUMBER BO OA DASH 24 DASH 103 0 1 0 8.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT FENCE HEIGHT TO ALLOW AN EIGHT FOOT PRIVACY FENCE IN THE SIDE YARD SITUATED AT 2 6 2 2 LAKE LEDGE.
APPLICANT BEING ENRIQUE AND YOLANDA AGUILAR BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISION OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY WE FIND THAT THE SPECIAL THAT A, THE SPECIAL EXCEPTION WILL BE IN, IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER.
IF GRANTED STAFF FINDS THE REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE.
B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IF APPROVED AN EIGHT FOOT PRIVACY FENCE AND THE SIDE YARD WOULD BE ALLOWED.
THE INCREASED FENCE HEIGHT WILL SERVE THE PUBLIC WELFARE BY PROVIDING NEEDED SECURITY AND SUBSTANTIAL JUSTICE WILL BE SERVED.
C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE SPECIAL EXCEPTION WILL NOT INJURE THE NEIGHBORING PROPERTIES AS THE FENCE HEIGHT WILL NOT IMPEDE TRAFFIC OR CLEAR VISION REQUIREMENTS AS IT IS LOCATED A SAFE DISTANCE FROM THE FRONT SETBACK AND CREATES ENHANCED SECURITY AND PRIVACY.
D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE ADDITIONAL FENCE HEIGHT IN THE SIDE YARD WILL NOW ALTER LOCATION FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT AS THE FENCE SITE IS SCREENED FROM THE VIEWING FROM THE RIGHT OF WAY AND SECURELY PAST THE FRONT FACADE OF THE HOME.
E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATION HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT.
THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT AS THE FENCE IS LOCATED ON ONE SIDE AND WILL PROVIDE NEEDED SECURITY AND PRIVACY AND OF MOTION.
UM, I'VE ONLY HEARD PEOPLE IN FAVOR OF THIS VARIANCE AT THIS POINT, INCLUDING YOUR NEIGHBORS.
UM, AND I FIND THAT TALL FENCES OFTEN MAKE GOOD NEIGHBORS.
SO HOPEFULLY, UM, Y'ALL CAN FIND SOME RESOLUTION AND I'LL BE IN FAVOR.
THANK YOU COMMISSIONER MANON? YEAH, I'D LIKE TO OFFER A FRIENDLY AMENDMENT, UM, THAT THE SIDE FENCE FACING THE STREET NOT BE INCLUDED, UH, WITH THE EXCEPTION.
SO THAT THAT WAY IT REMAINS CONSISTENT WITH THE REST OF THE NEIGHBORHOOD.
THAT'S, THAT'S THE FENCE ON THE STREET SIDE? YES.
SO, SO THAT'S STILL CONSIDERED SIDE FENCE.
UM, AND SO, SO THE ONE BASICALLY TO THE LEFT, UH, EVEN WITH THE FRONT OF THE GARAGE, UM, FACING THE STREET, UM, THAT, THAT'S STILL CONSIDERED SIDE.
SO I'D LIKE TO PULL THAT OUT SO THAT THAT WAY THE STREET SCAPE IS STILL THE SAME WITH REGARDS TO SIX FOOT HEIGHT.
I WOULD BE HAPPY TO ACCEPT THAT.
ALL RIGHT, SO WE HAVE A A, A MOTION BY FRIENDLY AMENDMENT TO ONLY INCLUDE THE SIDE YARD, UH, RUNNING, RUNNING PARALLEL WITH THE SIDE PROPERTY LINE ON THE NORTH SIDE OF THE PROPERTY.
UM, NOT TO INCLUDE ANY PORTION THAT THAT WOULD PARALLEL THE FRONT STREET.
YEAH, I'LL ACCEPT THAT AMENDMENT.
UH, ARE THERE ANY OTHER COMMISSIONER? UH, UH, AND, AND EVERYTHING ELSE I AGREE WITH.
COMMISSIONER STEVENS? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
I 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, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF.
THANK, THANK YOU SO MUCH FOR YOUR TIME.
MBOA 24 1 0 3 0 0 1 10 ADDRESS 48 35
[02:10:01]
CASTLE PINE STREET COUNCIL DISTRICT TWO APPLICANT ALBERTO ZA.UH, REQUEST FOR ONE, A VARIANCE FROM THE FENCE MATERIALS TO ALLOW CORRUGATED METAL FENCE ON THE PROPERTY.
A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT REAR SETBACK TO ALLOW AN ACCESSORY STRUCTURE TO BE ONE INCH FROM THE REAR PROPERTY.
A TWO FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ACCESSORY STRUCTURE TO BE TWO FEET SIX INCHES FROM THE SIDE PROPERTY LINE AND FOUR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT TO BE ONE INCH FROM THE SIDE.
PROPERTY LINE ZONING IS R SIX.
THE SUBJECT PROPERTY IS LOCATED ALONG CASTLE PINE STREET NORTH OF RIMAN ROAD.
THE APPLICANT ORIGINALLY APPLIED FOR THE BOARD OF ADJUSTMENT FOR CORRUGATED METAL FENCING IN THE SIDE AND REAR OF THE PROPERTY BECAUSE OF A QUALIFYING POOL IN THE BACKYARD.
THE APPLICANT IS ALLOWED EIGHT FEET SIDE AND REAR FENCING.
CODE ENFORCEMENT ISSUED A NOTICE IN MARCH, 2024 FOR A FRONT CARPORT CONSTRUCTED WITHOUT A PERMIT.
THE CARPORT WAS CONSTRUCTED ONE INCH FROM THE SIDE PROPERTY LINE.
A CARPORT IN THE BACK IS ALSO WITHIN ONE FOOT.
UPON SITE VISITS THE APPLICANT SHOWED STAFF AN EXISTING STRUCTURE IN THE BACKYARD.
THEY STATED WAS ALREADY CONSTRUCTED.
UM, THEY ENCROACHED INTO THE SIDE AND REAR SETBACKS THE SITE PLAN.
SUBJECT PROPERTY 48 35 CASTLE PINE STREET AND HERE JUST TO SPECIFY THE POLES ARE GOING TO BE CUT DOWN, UM, TO NOT EXCEED EIGHT FEET AND THE REAR SETBACK FOR THE ACCESSORY STRUCTURE MEASUREMENT AND THE OVERHANG ON THAT.
AND THEY STATED THEY HAD A FENCE BEHIND THIS ONE.
SO TAKING THE MEASUREMENT TO THEIR, UH, PROPERTY LINE FENCE ORIGINAL AND JUST ONE OF THE SIDES OF THE HOUSE WHERE CORRUGATED METAL WILL BE.
SHOULD BE ON THE SIDE AND REAR THE CARPORT.
AND THEN THE ADDITIONAL REAR CARPORT IN THE BACK AND THE MEASUREMENTS FROM THAT.
UM, CARPORT IN THE BACK TO THE REAR AND THE SURROUNDING AREA.
STAFF RECOMMENDATION FOR THE CORRUGATED METAL FENCE MATERIAL SIDE AND REAR ACCESSORY STRUCTURE AND CARPORT SETBACK VARIANCES.
STAFF RECOMMENDS DENIAL AND BOA 24 1 0 3 0 0 1 1 0 BASED ON THE FOLLOWING FINDINGS OF FACT, THE REDUCED SETBACKS WILL AGGRAVATE WATER RUNOFF AND IMPOSE ADDITIONAL FIRE SAFETY ISSUES.
THERE IS NO SPECIAL CIRCUMSTANCES EXISTING ON THE PROPERTY TO WARRANT A NEED FOR A PROHIBITED FENCE MATERIAL AND THE REQUEST WILL ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD.
RECEIVED DENIED IN FAVOR, ZERO IN OPPOSITION.
AND THE EAST VILLAGE NEIGHBORHOOD ASSOCIATION IS IN FAVOR AND SOME OF THE SIGNATURES THEY GATHERED ORIGINALLY JUST FOR THE CORRUGATED METAL FENCING.
AND THEN WHEN THEY GOT ALL THEIR VARIANCES, THEY GOT ADDITIONAL SIGNATURES AND, UM, NEIGHBORS AND SURROUNDING I AND THE NEIGHBORHOOD ASSOCIATION.
THIS CONCLUDES STAFF PRESENTATION.
LET'S HAVE THE APPLICANT COME FORWARD.
HELLO, I'M ALBERT ZA AND THIS IS MY WIFE ANGELA ZA.
WE'RE ASKING FOR A VARIANCE, UM, JUST BECAUSE, UH, THE WAY THE THE HOUSE ARE BUILT, UM, OUR HOUSE IS A LITTLE BIT MORE FURTHER THAN THE, OUR NEIGHBORS IN THE, UH, BESIDE US.
AS YOU CAN SEE, AS YOU CAN SEE ON THE, ON THE RIGHT HAND SIDE OF THE, THE PICTURE, MY NEIGHBOR'S, UH, HOUSE IS MORE FORWARD THAN MINE.
SO HIS, HIS WINDOWS ARE FACING MY FRONT YARD.
BUT ALSO THE NEIGHBOR ON THIS SIDE TOO IS ALSO A LITTLE MORE FORWARD.
I'M GONNA SHOW BETTER PICTURES.
SO THAT WAY WHEN YOU'RE YEAH, YOU'RE AT WORK START, THAT'S AS YOU CAN SEE, AS YOU CAN SEE RIGHT THERE, UM, WE'RE ABLE TO SEE THEM, THEY'RE ABLE TO SEE US JUST, WE WANT TO BUILD THAT FENCE.
WE COULD GET PRIVACY FOR THEM AND ALSO FOR US.
UM, AND LIKE I, UH, THE REASON WE WANNA MAKE IT A LITTLE BIT HIGHER BECAUSE 'CAUSE OF THE WINDOWS? YEAH.
'CAUSE OF THE WINDOW SITUATION.
[02:15:01]
BUT YOU'RE, I'M GONNA JUST ASK YOU NO, YES.AS I, AS I SEE THIS, BUT YOU'RE, YOU'RE PROPOSING TO PUT A TALLER FENCE.
THIS IS IN THE FRONT OF THE YARD.
IT WOULD BE CONSIDERED THE FRONT OF OURS BECAUSE OUR HOUSE IS BACK.
YEAH, IT WAS, IT'S THE SIDE OF THEIR HOUSE.
SO NO MATTER, UH, THEY, THEY'RE ABLE TO, UH, PUT UP A SIX FOOT FENCE.
THEY HAD ONE THERE, BUT THEY HAD TO TAKE IT DOWN 'CAUSE THEY HAD SCREWS ON OUR SIDE WHERE OUR KIDS WOULD GET HURT OR I'LL GET LIKE MY SHIRT TORN.
HOW TALL? HOW TALL OF A FENCE ARE YOU PROPOSING TO PUT UP? JUST AS HIGH AS THE, THE, I THINK IT'S A SEVEN.
SO, 'CAUSE WHAT WHAT HAPPENS IS YOU CAN GO TO EIGHT FEET YES.
IN THE REAR YARD, UH, BECAUSE YOU HAVE A POOL.
RIGHT? BUT ONCE YOU, ONCE YOU LEAVE THAT REAR PORTION, THEN IT GOES BACK DOWN TO A SIX FOOT.
UH, AND SO STAFF, IS THAT, IS THIS SOMETHING THAT IS GONNA BE AN ISSUE WITH, 'CAUSE I, THERE'S NO FENCE SIDE ON THIS.
SO IF THEY ARE PERMITTED THE EIGHT FOOT FENCE, THEY CAN GO TO THE EIGHT FOOT FENCE ALL THE WAY TO THE FRONT FAC SIDE OF THE HOME.
SO IF THEY'RE PROPOSING PAST THAT, THEN THIS, THAT CANNOT BE HEARD.
SO THEY, SO THE EIGHT FOOT DOESN'T STOP, UH, WHEN THEY'VE ESTABLISHED A CROSSING OF THE FENCE, IT CAN GO ALL THE WAY UP TO THE FRONT FOR SIDE OF THE HOME.
I'M SORRY TO, BUT, SO, BUT TO THE QUESTION.
SO, UH, IF I HEARD CORRECTLY, YOU WERE CONSIDERING BRINGING THE FENCE, UH, FORWARD TO THE, UH, FRONT OF THE NEIGHBOR'S HOUSE? NO, JUST TO WHERE YOU SEE AT THE END OF THE, YOU SEE WHERE THE FOUR FOOT FENCE IS AT? YOU SEE, SEE WHERE THE FOUR FENCE, THAT'S OUR, THERE'S A POST THERE.
I JUST WANT GET IT FROM THERE.
AND THEN FROM THE BACK OF THE, OF THE CARPORT, IT'S, UH, WE RAISED IT UP BECAUSE THE WATER, WE WANT THE WATER TO GO FORWARD.
YEAH, THAT'S WHAT WAS CONCERNING IS THAT POST IS IN FRONT OF THE CARPORT.
AND SO THE CARPORT, UM, THAT'S IN FRONT OF THE HOUSE, CORRECT? YES, SIR.
THIS POST, THERE'S, THIS IS IS MY NEIGHBOR'S, THAT POST RIGHT THERE IS MY NEIGHBOR'S.
BUT YOU, YOU CAN'T EXCEED SIX FEET ONCE YOU ARE IN FRONT OF THE HOUSE.
IT'S CONSIDERED FIVE FOOT WHERE YOU'RE ABLE TO DO FIVE FOOT.
SO WHERE IS, WHERE IS THAT POINT? SO THE FRONT OF YOUR, FRONT OF YOUR HOUSE WHERE YOUR DOOR IS? YES SIR.
SO, SO, SO, SO IF YOU GO STRAIGHT OUT, UM, I ASSUME YOUR CARPORT COMES OUT A LITTLE BIT FROM THE FRONT OF THE HOUSE? UH, YEAH, IT'S, IT'S IN FRONT OF THE, THE HOUSE.
SO, SO THAT'S WHERE THE LIMIT FOR, UH, THAT'S CONSIDERED YOUR FRONT YARD ONCE YOU GO PAST THAT? YES.
AND, AND THAT'S THE REASON WE'RE ASKING FOR THE VARIANCE BECAUSE JUST THE WAY THE HOUSE ARE POSITIONED, UH, WE DON'T GET NO PRIVACY YET, UH, FROM THE FRONT OR THE BACK.
SO THAT'S THE REASON WE WANT TO KIND OF GO A LITTLE BIT HIGHER FROM THE FRONT AND TO THE BACK.
SO WE KIND OF WANNA MAKE IT A LITTLE BIT HIGHER.
SO DOES THAT NEED TO BE ADVERTISED AS A FENCE IN THE FRONT YARD THEN? OH, IF HE PUTS A WALL ON THE CARPORT, IF APPROVED, THEN THAT PORTION, NO.
BUT IF HE'S EXPLAINING IT AS A, JUST A FENCE IN FRONT OF THE FRONT FACADE, THEN YES, THAT WOULD HAVE TO BE READVERTISED.
SO WHAT WHAT HAPPENS IS YOU SEE WHERE THIS, UH, THE CAR IS PARKED? YES.
AND THEN DIRECTLY BEHIND THE CAR, THERE'S A PA CORNER OF THE HOME WITH SOME STONE.
SO THAT'S YOUR FRONT FAC SIDE OF THE HOME.
AND SO YOU'RE, YOU'RE NO FENCING ABOVE SIX FEET CAN GO PAST THERE UNLESS IT'S CONSIDERED A WALL ON THE CARPORT.
SO IF YOUR CARPORT IS, IS TOUCHING THE HOME, THAT'S WHAT I WANT TO DO.
THAT'S, THAT'S WHAT I WANT TO DO.
SO THEN THAT, THAT ONE POST THAT'S IN FRONT OF THE CARPORT IS NOT GONNA BE A FENCE? NO, SIR.
IT'S GONNA BE PART OF THE, THE, THE CONSTRUCTION OF THE, OF THE CARPORT.
OH, YOU'RE MAKING THE CARPORT FURTHER? NO, NO, NO.
I'M JUST MAKING, I'M PUTTING UP A WALL PART.
WANNA LEAVE IT? I JUST LEAVE UP A WALL.
SO ON THE, ON THE PICTURE THAT WE'RE SEEING ON THE SCREEN, UH, THERE'S A, AT THE, AT THE CORNER OF THE CAR POST, THERE'S A, THERE'S A VERY TALL, UH, FENCE POST, UH, THAT'S IN FRONT OF THERE THAT LOOKS PRETTY DARN TALL.
UH, EVERYTHING HAS TO BE LIKE, LIKE I TOLD, UH, I TOLD HIM, UH, I, I STOPPED BECAUSE OBVIOUSLY WE HAD TO GET THE VARIANCE.
SO THERE I AM GONNA CUT EVERYTHING DOWN TO FOUR FOOT.
THAT FENCE RIGHT THERE IS FOUR FOOT.
UM, I, I WANT TO RAISE IT TO FIVE.
'CAUSE IN FRONT OF THE HOUSE WE'RE ABLE TO DO FIVE FOOT, UH, OH.
BY THE WAY, YOU CAN DO FIVE A FENCE.
SO THAT'S WHAT I DO FOR A LIVING.
UM, SO I WAS GONNA PLAN TO PUT FIVE FOOT AND I JUST WANTED TO PUT LIKE ANOTHER RAIL ON TOP, ANOTHER TWO INCH RAIL TO MAKE IT FIVE FOOT, BECAUSE IN FRONT OF MY HOUSE, MY, MY FENCE IN THE FRONT IS, IS CONSIDERED.
SO I WENT TO ALL MATCH ALL THE WAY AROUND.
UH, ANY COMMISSIONER QUESTIONS FOR THE APPLICANT MATERIAL? HONOR, PLEASE CONTINUE WITH YOUR PRESENTATION.
SO IF WE COULD GO TO THE PICTURE WHERE THE GARBAGE CANS ARE ON THE SIDE OF THE FENCE.
SO I'M LOOKING, SO WHERE THOSE GARBAGE CANS ARE NOW, THAT'S, THAT'S YOUR FRONT YARD, CORRECT? YES.
AND SO IT LOOKS LIKE THE FENCE RUNS DOWN
[02:20:01]
THE SIDE OF THE YARD AND THEN TURNS TOWARDS, GOES ACROSS THE FRONT OF YOUR PROPERTY.IT'S 'CAUSE UH, WE GOT A VARIANCE.
UH, WE WERE PUTTING UP A FENCE.
WE ENDED UP FINDING OUT THAT, THAT MY NEXT DOOR NEIGHBOR, UH, HE WAS TAKING ABOUT A FOOT AND A HALF FROM OUR YARD.
SO WE ENDED UP TAKING THAT BACK.
AND THAT'S THE REASON YOU SEE THAT OPENING? I DON'T KNOW IF YOU SEE WHERE, UH, THE, WHERE THE TRASH CAN, THE TRASH CANS ARE AT.
THERE'S ACTUALLY MESH THERE, BUT IT'S GALVANIZED.
YOU CAN'T REALLY SEE IT WHERE THE CAR'S AT.
ONCE, YOU KNOW, WE GET THIS VARIANCE.
ONCE EVERYTHING GETS ACCEPTED, I'M GONNA GO AHEAD AND FINISH EVERYTHING OFF THE WAY WE WANT IT TO LOOK.
SO IT'S ON THAT, WHAT YOU SEE THERE IS GONNA ALSO GONNA BE ON THE OTHER SIDE.
WE HAVE THE PANELS FOR THE OTHER SIDE.
'CAUSE WE ALSO FOUND OUT TOO THAT THAT NEIGHBOR ALSO WAS IN OUR YARD TOO, I GUESS, I GUESS BEFORE WE MOVED IN WITH THE NEW NEIGHBORS.
'CAUSE I, UH, THE NEIGHBOR ON THIS SIDE, I THINK HE'S BEEN THERE OVER 50 YEARS AND I THINK THEY'VE BEEN HERE SEVERAL YEARS TOO.
I'M ASSUMING QUIN, HOW MANY, HOW MANY YEARS HAVE YOU BEEN THERE? 15.
SO WE'RE THE NEW, WE'RE THE NEW, UH, HOMEOWNERS THERE.
AND UH, LIKE I SAID, ALL, ALL WE'RE GONNA DO IS TAKE DOWN, WE TOOK DOWN NOW THAT FENCE ALREADY.
SO ON THE OTHER SIDE WE'RE JUST GONNA TAKE IT DOWN AND PUT THE SAME, SAME TYPE OF FENCE THAT WAY.
SO IF I COULD FINISH MY QUESTION ACTUALLY.
SO THE FENCE THERE WHERE THE GARBAGE CANS ARE, IS THAT STILL THERE OR IS THAT GONE? UH, IT'S STILL THERE.
AND THEN AS YOU KEEP GOING TOWARDS THE STREET, IT LOOKS LIKE THE FENCE THEN TURNS A CORNER AND GOES ACROSS THE FRONT OF YOUR PROPERTY.
HOW TALL IS THAT? IT'S FIVE FEET.
LOOKS LIKE YOU HAVE A GATE IN FRONT OF YOUR DRIVEWAY.
UM, ALSO WE WANTED TO MENTION THE MATERIAL THAT WE WANTED TO USE WAS CORRUGATED MATERIAL.
UM, ALONG THE SIDE FOR THE BACK, JUST TO GIVE US MORE PRIVACY, JUST 'CAUSE WE DO HAVE FIVE CHILDREN RUNNING AROUND.
WE DO HAVE, UM, THE POOL AS MENTIONED.
AND UM, THE MATERIAL WE CHOSE WAS THAT WAS BECAUSE WE, THAT'S MY, WHAT MY HUSBAND WOULD BE, UM, TO INSTALL HIMSELF INSTEAD OF PAYING FOR SOMEONE ELSE TO DO THE LABOR FOR US.
STAFF, CAN YOU BRING UP THE SITE PLAN WHERE YOU HAVE YOUR, YOUR, UM, NUMEROUS BULLET POINTS.
AND WE ARE PLANNING ON DOING, UH, CAP AND TRIM AS WELL.
SO THAT WAY NO ONE FROM THEIR SIDE WOULD, IF FOR SOME REASON THEY DIDN'T WANNA CLIMB IT OR SOMETHING, NO ONE WOULD GET INJURED OR HURT USE ALONG WITH MY CHILDREN.
CAN YOU USE A LASER POINTER AND SHOW US ON THE SITE PLAN EXACTLY WHERE YOU ARE PROPOSING THE CORRUGATED METAL? OKAY.
UM, CAN I JUST WALK TO IT SO I CAN SHOW YOU? CAN YOU USE THIS? OH, THERE YOU GO.
CAN, YEAH, I THINK IT WOULD BE EASIER FOR ME.
I MORE, MORE YOU COULD USE THAT BECAUSE I GUESS I'M A LITTLE BIT SHAKY.
BUT WHAT WE'RE GONNA DO, I'M JUST GONNA YEAH.
SO WHAT WE DO, WE'RE GONNA START OFF FROM HERE ALL THE WAY THIS WAY.
AND NOW THE FRONT WILL BE MATCHING.
SO FOR THE FRONT WILL BE THE FIVE FOOT BENCH THAT WE SHOWED YOU.
COMMISSIONER BONNI, DID YOU, DID YOU, WERE YOU ABLE TO CATCH THAT? IT LOOKS LIKE IT'S BEING PROJECTED.
UH, DID THAT, DID ANY COMMISSIONERS HAVE ANY QUESTIONS ABOUT WHERE THE APPLICANT IS, IS DESIRING CORGAN MIDDLE MA, COMMISSIONER MANNA? SO, UM, SO THE EIGHT FOOT DIALOGUE, YOU KNOW, WE'VE HAD THAT'S, YOU KNOW, PERMITTED BY RIGHT? WITH REGARDS TO, UM, POOLS AND SO, SO, YOU KNOW, SO THAT'S BEEN OUTTA THE DIALOGUE.
THIS WAS BE, AS FAR AS I'M RECALL, THE FIRST ONE WHERE WE'VE HAD EIGHT FOOT CORRUGATED METAL, WHICH, UM, STARTS TO LOOK A LOT DIFFERENT FROM MY PERSPECTIVE OF THE WHOLE DIALOGUE.
YOU KNOW, SO, SO, YOU KNOW, SO I'M A LITTLE CONCERNED ON THAT REGARDS.
UM, AND THEN ALSO, UM, SO WHAT CAN I SAY ONE THING? I'M SORRY.
THE EIGHT FOOT IS NOT GONNA BE ALL THE WAY.
NO, IT'S JUST GONNA BE FROM THE, OUR BACKYARD BECAUSE MY NEIGHBOR, THIS IS ANOTHER PICTURE.
MY NEIGHBOR, HE, HE JUST, HE PUT A SIDEWALK ON, ON THE FENCE LINE.
SO HE ACTUALLY POURED IT SET OF FOUR INCHES.
SO HIS FENCE IS NOT A TRUE SIX FOOT, SO YOU JUST HAVE TO BE FIVE FOUR TO LOOK OVER.
SO WHEN HE'S ON HIS BACKYARD, HE PUTS REBAR THERE EVERY MORNING HE GETS UP, THEY PUT NO, HE DOES CEMENT FOR, FOR A LIVING.
HE'S ALWAYS THERE ON THE FENCE LINE.
SO THAT'S THE REASON WE WANNA GO A LITTLE BIT HIGHER.
'CAUSE LIKE I SAID, IT'S EIGHT INCHES OF CEMENT RIGHT NEXT TO THE FENCE LINE.
WELL YOU'RE ALLOWED TO GO EIGHT FEET.
THE ISSUE IS, IS THAT YOU'RE ASKING FOR CORRUGATED AND WE, WE'VE NEVER, I DON'T THINK WE'VE EVER APPROVED AN EIGHT FOOT TALL CORRUGATED OKAY.
THAT'S A LOT OF, THAT'S VERY DIFFERENT LOOKING THAN A SIX FOOT CORRUGATED.
SO, UM, YOU KNOW, I THINK WE'RE, UM, I'LL I GUESS CLARIFY THIS WITH LEGAL.
IF COULD HAVE, COULD HAVE MAKE OF A MOTION, MAKE A MOTION TO SEVEN AUTHORIZE CORRUGATED METAL UP TO A CERTAIN HEIGHT.
BUT WAS IT, IT IS NOT GONNA BE A TRUE EIGHT, IT IS GONNA BE
[02:25:01]
SEVEN.WELL, THE, THE, IT'S JUST, UH, YEAH, THIS COMMISSION MAYBE YOU NEED NINE VOTES.
SO TO GARNER NINE VOTES, UH, WHOEVER MAKES A MOTION MAY FEEL THAT A CORRUGATED METAL NO HIGHER THAN SIX FEET MIGHT BE MORE APPROPRIATE.
UH, AND WE'RE NOT STOPPING ANYBODY FROM GOING HIGHER.
'CAUSE YOU CAN DO EIGHT, BUT YES SIR.
JUST LIMITING THE AMOUNT OF CORRUGATED METAL MIGHT BE, ARE WE ABLE, ARE WE ABLE TO DO LIKE WHAT UM, YOU WERE ABLE TO DO WITH Y'ALL? AND THEN ON THE POOL SESSION WHERE THE POOL'S AT GO THE EIGHT WITH THE CORRUGATED METAL, IT'S, YOU CAN GO EIGHT, THERE'S YEAH, YOU HAVE THAT BY RIGHT.
WE CAN'T MAKE YOU GO INTO, BUT, BUT THE MATERIAL RIGHT IS SOMETHING THAT WE COULD, UM, UM, ALTER UP TO A CERTAIN HEIGHT.
SO IS IT POSSIBLE THAT YOU CAN DO WOOD INSTEAD OF CORRUGATED? WE, WE, UH, WE'RE THINKING OF THAT.
IT'S 'CAUSE UH, MY NEIGHBOR HAS DOGS, LITTLE ONES AND UH, HE HAS ALSO, I, IF HE'S SAW ON THE PICTURES, HE HAS A PICKET FENCE ALREADY.
AND YOU KNOW, THE DOGS CHEW THROUGH IT.
MY DOG, RIGHT NOW WE HAVE IT OPEN WHERE MY DOG GOES TO HIS YARD, HIS DOGS, HE HAS THINK LIKE FIVE OR SIX DOGS COME TO OUR YARD.
SO WOOD IS KIND OF NOT, IS NOT THE RIGHT, THE IDEAL FOR US BECAUSE THEY CHEW THROUGH IT AND THEY'RE GOING AND THEY'RE GOING UNDER, WELL THEY'RE NOT, THEY'RE NOT GONNA CHEW ABOVE SIX FEET THOUGH.
BUT IF I, IT IS JUST GONNA BE A MAIN THING THAT WE'RE GONNA, I JUST, MY MAIN THING, I JUST DON'T WANNA HAVE NO MORE ISSUES WITH THE NEIGHBOR.
IF I COULD MAYBE NO, YEAH, YEAH.
WE COULD JUST KIND OF, YOU KNOW.
JUST TO NOTE, THERE'S TWO PEOPLE SIGN UP TO SPEAK.
SO WHAT WE'RE GONNA DO IS WE'RE GONNA HEAR FROM, UH, INDIVIDUALS SIGN UP TO SPEAK.
IS THERE ANY VOICEMAILS? NO VOICEMAILS.
LET'S, LET'S, UH, CALL THE FOR SPEAKER.
WE'LL HAVE YOU COME BACK UP AND WE'LL SURE.
OKAY, MY NAME IS, MY NAME IS JUAN ORTEGA AND SHE'S MY WIFE.
AND, UM, CAN WE, WE GET A TRANSLATOR? YEAH.
AND THEY'RE BOTH SIGNED UP TO SPEAK SO WE CAN GO AND DOUBLE THE TIME.
I DON'T AGREE VERY MUCH WITH THE WAY THE PURCHASE BUILDER OR THE, THE FENCE, BUT I'VE BEEN, I'VE BEEN STRUGGLING A LOT.
WHEN I RENEW THE INSURANCE FROM MY HOUSE, YOU TO NUMBER EIGHT TO, UH, 48, 30, 48, 39.
AS A MATTER OF FACT, WHEN INSURANCE COMPANY DENIED ME THE INSURANCE, I HAD TO GO TO ANOTHER ONE SO I CAN GET APPROVED.
THE REASON WHY IS BECAUSE, UM, IT WILL GET HELD.
THE HELD IS GONNA BOUNCE BACK AND IT'S GONNA HIT THE WINDOWS.
AND I HAVE TWO WINDOWS IN THE BACK OF THE HOUSE.
UM, SO THAT, THAT'S, UH, UM, THAT SEGMENT OF THE FENCE IS ALONE BECAUSE HE DEMANDED THAT WE TAKE IT DOWN.
HE SAID HE WAS GONNA PUT HIS OWN, BUT HE HASN'T.
YEAH, BECAUSE THERE WAS A METAL FENCE THERE.
WHO DID THAT? DIVIDED WHICH ONES? ONE HIS HOUSE AND WHICH ONE'S MINE.
THAT'S WHY THERE'S NO FENCE THERE.
[02:30:02]
COMMISSIONER MANNA.SO, UM, IF I UNDERSTOOD CORRECTLY, YOU HAVE CONCERN WITH REGARDS TO WHETHER HAIL HITTING THE FENCE AND HITTING YOUR HOUSE? YEAH.
MY, MY GIRLS, UM, DOES THE RE DOES THE ROOM ON THAT SIDE WHEN THE WINDOWS ARE AND IF THE, IF IT HELPS OR RAINS ON THE PORCH BECAUSE IT'S METAL, IT'S GONNA SOUND VERY LOUD.
SO, SO THE QUESTION I'M ASKING IS, SO BY RIGHT, THEY COULD HAVE EIGHT FOOT, BUT YOUR CONCERN IS A METAL FENCE AND, AND BECAUSE THE WEATHER WILL BE DIFFERENT ON THE METAL FENCE VERSUS THE WOODEN FENCE.
UM, WHERE, WHERE ARE THE BEDROOMS IN QUESTION? ARE, ARE THEY NEAR THE MIDDLE OF THE HOME, THE FRONT OR THE REAR? UM, RIGHT THERE ON THAT SIDE WHERE HE WANTS TO CONSTRUCT A DIFFERENT, UM, FENCE.
THAT'S WHERE ALL THE BEDROOMS ARE.
ANY, ANY COMMISSIONER QUESTIONS? UH, FOR LET'S HAVE THE APPLICANT COME BACK UP.
CAN I CLARIFY WHAT THEY'RE SAYING? UM, THE ONLY REASON WE TOLD 'EM TO TAKE DOWN THE FENCE WAS BECAUSE, UH, THEY STOPPED US.
'CAUSE WE WERE, WE ALREADY STARTED THE FENCE SINCE MARCH.
THIS HAS BEEN GOING ON SINCE MARCH.
AND THE REASON WE STOPPED THEM, UH, WE TOLD 'EM TO TAKE IT DOWN.
UH, THEY HAD NAILS STICKING MORE THAN AN INCH AND A HALF ON OUR SIDE.
AND THAT'S THE REASON WE TOLD HIM.
AND THE CITY CAME OUT THERE AND TOLD THEM THAT IT'S EITHER WE COULD CUT IT OR WE COULD TAKE IT DOWN, TAKE IT DOWN TO A FIT, TOOK DOWN EVERYTHING.
TAKING IT DOWN AND HE LEFT IT OPEN.
AND THAT'S WHY I TOLD YOU THAT'S, THAT'S HIS FENCE RIGHT THERE.
HE HAD, HE LEFT THE WHOLE, YEAH, HE LEFT EVERYTHING THERE.
AND NOT THAT LONG AGO WE HAD A TALK, LIKE HAD, WE ACTUALLY WENT TO THE BEAR COUNTY FOR MEDIATION THAT I REQUESTED.
WE HAD A MEDIATOR TO TALK TO BOTH OF US AND I, AND WE TALKED TO THEM, WE WENT OUT OF OUR WAY AND WE TOLD HIM OUR DECISION ON USING THE CORRUGATED METAL 'CAUSE WE ALREADY HAVE IT, THE MATERIAL THERE.
AND AT THE MEDIATION THAT WE WENT TO, UM, HE WAS SAID THAT WHAT HE WANTED WAS THE FENCE UP.
'CAUSE HE HAS DOGS, A LOT OF LIKE SIX PUPPIES I BELIEVE DOGS.
AND THEN WE HAVE ONE GERMAN SHEPHERD.
AND RIGHT NOW THE, WHAT'S CAUSING THE TENSION BETWEEN BOTH OF US IS THAT IT'S OPEN AND HIS DOGS ARE COMING INTO OUR PROPERTY.
OUR DOG IS COMING INTO THEIR PROPERTY.
UM, AND, AND WE TOLD HIM, YOU KNOW, JUST PUT UP YOUR FENCE.
'CAUSE HE, HE, HIS, HIS POSTS ARE NOT ON AND IT IS NOT ON, ON THE, ON THE FENCE LINE.
HE'S ABLE TO, TO PUT THAT FENCE UP.
BUT HE WANTS THE ISSUE WHERE HE WANTS TO LEAVE IT OPEN SO MY DOG COULD GO OVER THERE.
'CAUSE IT'S JUST CREATING MORE YEAH.
IT'S MORE, MORE OF AN ISSUE LIKE, AND YES.
AND THE WHOLE REASON WAS JUST FOR HIM TO GET, HE DIDN'T EVEN HAVE TO TAKE IT DOWN.
HE JUST HAD TO REMOVE THE SCREWS.
'CAUSE AT THAT POINT, WHEN FIVE CHILDREN ARE RUNNING AROUND A PLAYING AND HE'S OUT AT WORK, THEY'RE PLAYING TAG AND THEY WERE GETTING, NOT HURT THEIR SKIN BUT GETTING CAUGHT WITH THEIR CLOTHES.
SO JUST TO CLARIFY, UM, THE, THE CORRUGATED METALS DESIRED, UH, TO HELP KEEP DOGS AT IN THEIR RESPECTIVE YARDS.
UM, WHAT IS WHAT UM, SO, UM, IT'S WON'T CAUSE NO FIRE.
'CAUSE IT'S FIREPROOF, IT'S FIRE HAZARD, RIGHT? YES.
AND, UH, IT REDUCES NOISE REDUCTION WITH US HAVING FIVE CHILDREN BE BECAUSE, YOU KNOW, YOUR ABILITY TO DO AN EIGHT FOOT FENCE AND THE ABILITY TO HAVE CORRUGATED METAL UP TO EIGHT FEET IS WHAT IS, IS WHAT WE'RE REALLY ENTERTAINING TODAY.
IN ADDITION TO THESE SETBACKS, WE HAVEN'T REALLY TALKED MUCH ABOUT, UM, UH, I JUST WANTED TO ASK, IS THERE ANYONE ON THE COMMISSION WHO HAS A CONCERN WITH THE HEIGHT OF THE CORRUGATED METAL COMMISSIONER? MAN,
WELL, AS I STATED EARLIER, YOU KNOW, I DO HAVE CONCERN AND SO THIS WOULD BE THE FIRST ONE.
[02:35:01]
TO BE HONEST, THE ONLY PLACE WHERE WE TALK ABOUT EIGHT FOOT FENCES IS FROM, UM, UM, SALVAGE YARDS.AND THAT'S WHERE WE SEE THE EIGHT FOOT FENCES.
AND, AND, AND THERE'S PERMITTED, YOU KNOW, FOR, FOR REASONS.
UM, BUT, YOU KNOW, THE, UM, WHEN IT COMES TO RESIDENTIAL HOMES, YOU KNOW, I I I FIND I STRUGGLE WITH THAT A LITTLE BIT.
AND IN MY NEIGHBORHOOD THERE ARE, UH, FENCES THAT ARE BOTH CORRUGATED AND WOODEN.
AND SO THEY DO SHARE DIFFERENT, DIFFERENT PATTERNS, DIFFERENT STRUCTURES.
AND SO, UM, YOU KNOW, SUCCESSFULLY AND SO, SO I, I WOULD STILL HAVE CONCERN.
SO I, I WANTED TO KIND OF, WE HAVEN'T DISCUSSED, UH, THE SETBACK ISSUE AND, AND ESPECIALLY THE ONE, UH, THE SECOND CARPORT IN THE REAR.
SO YOU HAVE A CARPORT THAT CAN HOLD TWO CARS IN THE FRONT.
AND TALK ABOUT THIS ONE IN THE REAR.
THAT ONE, THAT CARPORT IS, UH, IT WAS, IT WAS BEFORE WE THREW THE SLAB IN THE BACKYARD.
'CAUSE THAT'S WHERE THE POOL'S AT.
BUT THAT WAS ON THE, ON THE, ON THE BACK OF MY HOUSE.
LET'S SAY FOR EXAMPLE, SO YOU COULD GET A GOOD GET VISUAL.
MY FENCE, UH, THE CARPORT BACK HERE, THAT'S WHERE THAT WAS AT.
WHEN THEY POUR THE CONCRETE, THEY LIFT IT UP AND JUST PLACE IT THERE.
IT IS ON ANCHOR, IT IS ON A PLATE.
SO YOU'RE ABLE TO MOVE IT WHEREVER YOU WANT TO GO.
SO THAT IS, THAT IS NOT AFFIXED TO ANYTHING? NO, IT, IT JUST STAFF.
DOES THAT CHANGE HOW YOU LOOK AT IT AS AN ACCESSORY STRUCTURE? IF IT'S MOVABLE LIKE THAT? SO IF IT'S NOT A, IF IT'S NOT A PERMANENT STRUCTURE, THEN IT DOES NOT REQUIRE VARIANCE.
UM, WE DID MENTION THAT TO THE APPLICANT.
SO IF THEY ARE WANTING TO MAKE THIS A PERMANENT STRUCTURE, THEN THEY WOULD HAVE TO, UH, HAVE A VARIANCE APPROVED FOR IT.
BUT IF THERE'S, IF THEY'RE STICKING WITH, IT'S NOT GONNA BE A PERMANENT STRUCTURE, THEN IT'S, NOTHING NEEDS TO BE APPROVED HERE.
CAN YOU, CAN I SHOW YOU A PICTURE WHERE THE PLATE'S AT SO YOU CAN WELL, THE PLATES, I THINK THEIR QUESTION IS, ARE WE GONNA KEEP IT OR ARE YOU GONNA, ARE YOU GONNA MAKE IT A PERMANENT AND HAVE IT WITH THE FOUNDATION? YEAH, BECAUSE, BECAUSE I DO WHAT I WANNA DO LATER.
'CAUSE OBVIOUSLY MONEY IS, IS THE PROBLEM HERE.
BUT LATER ON I DO WANNA THROW A CEMENT SLAB THERE.
AND, UH, AND ALSO MAKE IT A LITTLE BIT LONGER.
SO AS YOU CAN SEE WHERE THE, WHERE THE, WHAT IS IT? THE SHED.
HOW IS IT TILTED AT THIS POINT? IS IT TILTED TOWARDS YOUR NEIGHBOR'S HOUSE? NO, IT'S ACTUALLY, UH, THE GRADE FROM HI, FROM HIS HOUSE.
IT ACTUALLY, THE GRADE GOES DOWN TO, TO THIS WAY ON THAT SIDE.
SO IF YOU, IF YOU, IF YOU SHOW THE PICTURE OF THE ACTUAL, UH, AND WHEN YOU SEE IT AT THE ANGLE, IT'S KIND OF HARD TO TELL WHICH WAY IT'S SLOPING.
AND DOES THE WATER, DOES THE WATER FALL TOWARDS, TOWARDS THE INSIDE OF YOUR PROPERTY OR YEAH, EVERYTHING, YES.
EVERYTHING FALLS YARD THING GETS FLOODED IN THE FRONT FROM, FROM THEIR HOUSE.
BECAUSE IF YOU SEE, IF YOU LOOK AT HIS, THAT'S, THAT'S A, THAT'S A ROOM BACK THERE THAT THEY HAVE RIGHT THERE.
THAT'S, THAT WATER GOES TO MY YARD.
BUT IF WE GO TO THE FRONT YARD, PLEASE.
AND WE, WE'VE BEEN STRUGGLING BECAUSE OBVIOUSLY WE DON'T HAVE MONEY TO DO A WHOLE CONCRETE, IF YOU LOOK AT, IF YOU LOOK AT HIS HOUSE THAT ALL THAT WATER GOES TO MY YARD.
OH, YOU GOTTA, YOU GOTTA USE THE MICROPHONE.
THAT'S WHY WE HAVE THE LASER POINTER.
SO FROM THE STREET, DOES YOUR, DOES YOUR UH, PROPERTY PREDOMINANTLY DRAIN TOWARDS THE BACK OR TOWARDS THE YES.
SO WE HAVE A BACK ALLEYWAY AND THAT'S WHERE ALL THE WATER, SO THIS PART RIGHT HERE IS THE TOP, THE HIGHEST.
SO ALL OUR WATER GOES, SO THE BLACK STUFF THAT YOU SEE ON THE FLOOR, WE PUT, WE HA PUT, WHAT IS IT BASE? UM, SO THAT WAY IT HELPS WITH THE WATER.
SO THAT WAY FOR JUST OUR PURPOSE, 'CAUSE UM, IF WE DIDN'T PUT IT ON IT WAS LIKE A MUD.
THAT'S, THAT'S WHY YOU DON'T HAVE A REAR SETBACK ISSUES.
SEE THAT'S THE BACK OF THE HOUSE.
AND ALL THAT WATER GOES INTO MY YARD.
YOU CAN SEE THIS BACK ROOM HERE.
ALL THAT WATER GOES INTO MY YARD.
UM, ITEM NUMBER TWO DOES HAVE THE REAR SETBACK HERE FOR THE, UH, ACCESSORY STRUCTURE.
OH, THERE'S, SO WHAT IS IT? SO IF YOU LOOK AT THE AERIAL, UM, THERE'S A SEPARATION OF A FENCE BY AT LEAST 10 FEET BETWEEN THE, THE, THE, UM, A BUDDING REAR NEIGHBOR, WHAT DO YOU CALL IT? WHEN YOU CALL IT, IS IT CALLED AN EASEMENT OR IS IT AN ALLEYWAY? WE WE'RE USED TO CALLING THAT ALLEY.
AN ALLEY WOULD BE PUBLIC RIGHT OF WAY.
YOU'RE ABLE TO LIKE THE, SAY FOR EXAMPLE, THE CITY OF SAN ANTONIO ABLE TO DRIVE A WHOLE VEHICLE BETWEEN MY BACK NEIGHBORS.
YOU COULD, YOU'RE ABLE TO DRIVE A CAR BACK THERE.
YOU'RE ABLE TO OR YOU CAN, BUT THEY DON'T.
THERE'S A COPS BEEN BACKED THERE BEFORE.
I FEEL LIKE WE'VE BEEN TALKING ABOUT THIS FOR QUITE A WHILE.
SO IF THERE'S ANY, ANY QUESTIONS FROM THE COMMISSION, UH, LET'S, LET'S GET 'EM OUT OF THE WAY.
WHAT, UH, DEAN, THE LAST ONE, COMMISSIONER DEAN.
EXPLAIN ME THE FIVE FIVE FOOT, UH, VARIANCE IN THE BACK AGAIN INSTEAD.
[02:40:02]
UH, OH YEAH.AN ACCESSORY STRUCTURE IS ALLOWED TO BE AS CLOSE AS FIVE FEET.
AND I THINK THEY WERE ASKING FOR IT TO BE ONE FOOT CORRECT? IN THE BACK IN THE REAR.
THERE IS A, WE HAVE A CARPORT ON THE SIDE.
ONE IS ONE INCH, ONE IS ONE FOOT.
UH, AND THEN ON THE REAR ITEM NUMBER IT'S ONE INCH ACTUALLY.
SO THEY'RE WANTING TO PUT IT ONE INCH OFF THE REAR PROPERTY LINE.
IT'S 'CAUSE IT, THAT'S CONSIDERED A DRIVEWAY.
SO WHERE, FOR OUR BOAT, FOR US TO GET OUR BOAT FROM THE BACKYARD TO THE FRONT YARD, WE HAD TO MAKE IT THAT THAT'S, OH, THAT'S WHAT WE'RE ASKING FOR.
IT'S THE CARPORT IS THAT'S IN THE BACK CORNER OF YOUR HOME.
THAT'S WHAT'S BEFORE US TODAY.
ARE WE ADDRESSING, ARE, ARE WE ADDRESSING THE, THE REAR ONE? 'CAUSE IT'S NOT YEAH.
BECAUSE IT'S NOT, IT'S AN EX, IT'S, YEAH, IT'S IF WE PASS THE VARIANCE AND THEY'LL HAVE THE ABILITY TO FIX IT.
IF WE DON'T PASS THE VARIANCE, THEY'LL HAVE TO KEEP IT THE WAY IT IS ON PLATES.
AND, AND JUST ONE THING, JUST LETTING YOU KNOW, THE, OUR PROPERTY IN THE BACKYARD, IT STILL GOES FURTHER OUT.
'CAUSE REMEMBER I TOLD WE TOOK, WE GOT A SURVEYOR.
SO OUR OUR NEIGHBOR, NOT THIS NEIGHBOR, BUT THE OTHER NEIGHBOR ON THE OTHER SIDE, THEY'RE, WE'RE TAKING AWAY, THEY'RE TAKING AWAY TWO FEET FROM OUR YARD, FROM ALL THE WAY TO THE FRONT, ALL THE WAY TO THE BACK AND ALL THE WAY TO THE REAR.
IT'S BECAUSE YOU DON'T HAVE AN ALLEY WHERE THE EASEMENT IS, IF IT'S IN YOUR YARD, THEIR YARD OR OR PART OF YOURS AND PART OF HIS, YOU KNOW, THAT'S, THAT'S NOT WHAT WE'RE HERE TO, TO, TO GET IN THE MIDDLE OF.
IF YOU HAVE, OH, YOU HAVE A SURVEY? YES.
CAN YOU HAVE THEM PROJECT THAT PLEASE SHOW EXACTLY WHERE OURS IS AT.
THIS WILL ANSWER THAT QUESTION.
AS YOU CAN SEE, YOU SEE RIGHT HERE, THIS IS MY NEIGHBOR THAT'S HERE.
BUT AT THE TIME WHEN WE FOUND OUT THEY'RE TAKING A FOOT IN SIX INCHES AND OVER HERE ON THIS SIDE WHERE THAT, WHERE YOU SEE THE FENCE, WHERE, UH, WHERE THEY TOOK THE MEASUREMENTS, THAT'S TWO FEET RIGHT THERE.
AND THEY, THEY STILL HAVE, AND THE BACK IS, AND THEN ALL THE WAY THE BACK YOU SEE BACK HERE TOO.
SO YOU HAVE A, THERE IS A SIZABLE UTILITY EASEMENT COMPLETELY CONTAINED ON YOUR NEIGHBOR TO THE REARS YARD.
AND SO WHAT WE'RE HERE TO, TO DISCUSS ON THE REAR SETBACK IS, IS THAT, UH, ONE STORY WOOD FRAME STRUCTURE, IS THAT TRUE? UH, CORRECT.
AND THE COVERED CARPORT AND THEN ABOARD POTENTIALLY.
AND IT DOES LOOK LIKE IT, THE SURVEY DOESN'T, DOESN'T SAY IT, BUT IT SURE LOOKS LIKE ONE INCH.
IT IT DOES, IT GETS A LITTLE FURTHER THAN AN INCH.
LOOKS LIKE IT'S MORE LIKE A FOOT, BUT YES.
SOME REASON OUR ADULT, THE PERSON THAT SOLD US THE HOUSE DIDN'T DO A GOOD JOB ON THE FENCING.
SO IS THERE ANY OTHER QUESTIONS BEFORE WE MOVE ON TO A MOTION? ALL RIGHT.
SO WHAT WE'RE GONNA DO IS WE'RE GONNA SEE ALL THE, WE'VE HEARD EVERYTHING AND WE'RE GONNA SEE HOW THIS TURNS OUT.
WHO IS GOING TO BE THE BRAVE COMMISSIONER TO MAKE A MOTION ON THIS? DO WE SIT DOWN OR DO WE STAY? YES, PLEASE HAVE A SEAT.
AND WHAT THEY'RE TALKING ABOUT, I'M SORRY.
'CAUSE YOU KNOW HOW HE SENT THE WINDOWS OF HIS DAUGHTER.
SO THIS IS OUR FRONT YARD AND THAT'S THE WINDOWS.
AND THAT'S THE REASON WE WANNA GO.
WE WANNA GO HIGHER BECAUSE RIGHT.
WE KNOW WE DON'T WANT THEM TO THINK THAT THEY'RE STARING OR WE'RE STARING.
I WILL READ IT TO START OFF IF, UH, SO
UH, WE'RE GONNA MAKE THAT A FOUR FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT REAR SETBACK TO ALLOW AN ACCESSORY STRUCTURE TO BE SIX INCHES FROM THE REAR PROPERTY LINE, A TWO FOOT SIX VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ACCESSORY STRUCTURE TO BE TWO FOOT SIX FROM THE, FROM THE SIDE PROPERTY LINE.
AND FOUR, A FOUR FOOT 11 VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT TO BE
[02:45:01]
ONE INCH FROM THE SIDE PROPERTY LINE.ITEM FOUR IS TO ALLOW, UM, IT'S A ONE FOOT VARIANCE, ONE INCH VARIANCE, UH, FROM THE CARPORT, UH, ON THE FRONT OF THE HOUSE, AND A ONE FOOT SIDE SETBACK VARIANCE FOR THE CARPORT IN THE REAR OF THE HOUSE, UH, SITUATED AT 48 35 CASTLE PINE APPLICANT BEING ALBERTO, UH, GAZA, BECAUSE THE TESTIMONY PRESENTED US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY YOU FIND THAT ONE, UH, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
STAFF FINDS THIS REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST AS A LOCATION OF THE ACCESSORY STRUCTURE IN THE BACKYARD IS NOT IMMEDIATELY ADJACENT TO OTHER STRUCTURES THAT COULD AGGRAVATE WATER RUNOFF OR FIRE SAFETY ISSUE.
THE REDUCED CAR PORT SETBACK IS NOT CONTRARY TO PUBLIC INTEREST OR OTHER CARPORT IN THE NEIGHBORHOOD WERE SEEN TO BE BUILT WITHIN SETBACKS.
AND, AND THE CORRUGATED METAL FENCING AND MATERIAL LIMITED, UH, NO HIGHER THAN SIX FEET, UH, WILL PROVIDE FOR SAFETY AND PRIVACY FOR THE PROPERTY AND IMMEDIATE SURROUNDING AREA.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
IN THIS CASE, A SPECIAL CONDITIONS FOUND ON THE SUBJECT PROPERTY IS LIMITED, IS LIMITED SPACE ON THE BACKYARD AND MAINTAINING POOL AND ACCESSORY STRUCTURE, THE ESTABLISHED LOCATION OF CARPORTS WITHIN THE NEIGHBORHOOD AND THE NEED FOR PRIVACY AND SECURITY.
WITHOUT THESE VARIANCES, AN UNNECESSARY HARDSHIP WOULD REQUIRE THE APPLICANT TO REMOVE THEIR ACCESSORY STRUCTURE AND RELOCATE THEIR CARPORT AND RECONSTRUCT THE FRAMING FOR AN FRAMING FOR ANOTHER FENCE MATERIAL.
THREE, BY GRANTING THE VARIANCE AS SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED WITH THE APPROVAL OF THE VARIANCES REQUESTED AS AN AGAINST SEXUAL CHARACT TO THE NEIGHBORHOOD WILL NOT BE CHANGED.
ADEQUATE SPACING FOR THE PURPOSES OF FIRE SAFETY AND WATER RUNOFF WILL BE PRESENT AND SECURITY AND PRIVACY WILL BE ENHANCED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF EAST OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED.
AND 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 VARIANCES 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 IN THE GRANTING OF THE VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED AS OTHER CARPORTS IN THE NEIGHBORHOOD WOULD SEEM TO SEEM TO ALSO BE WITHIN THE SIDE SETBACKS.
THE STRUCTURE IN THE REAR YARD IS FAR ENOUGH FROM ANY OTHER STRUCTURE IN THE LOT AND ADJACENT LOTS.
AND THE FENCE MATERIAL WILL ADD SECURITY AND PRIVACY TO THE SURROUNDING AREA.
ADDITIONALLY, THIS WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES AS A LOCATION OF THE CARPORT WILL ALSO NOT POSE ANY CLEAR VISION ISSUES THAT IS WELL BEHIND THE FRONT SETBACK LINE FOR THE PROPERTY.
SIX APPLIED TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY, ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS THAT THE APPLIED TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS A LIMITED SPACE IN THE BACKYARD AND LOCATION OF THE CARPORTS AS SEEN WITHIN THE SETBACKS OF PROPERTIES IN THE NEIGHBORHOOD AND THE NEED FOR ADDITIONAL SECURITY AND PRIVACY.
SECOND BY COMMISSIONER MANSO RACKMAN.
DID YOU MENTION, AND I, FOR, FORGIVE ME IF I JUST DIDN'T HEAR IT CAPPING ON THE CORRUGATED FENCE ICCI DID NOT.
UM, DOES THE, DOES STAFF, DOES THE APPLICANT CURRENTLY INCLUDE, UH, CAPPING ON THEIR APPLICATION? NOT ON THE APPLICATION.
SO I'M GOING TO, UH, PAUSE AND CLOSE THE, UH, OPEN HEARING, UH, THE, THE CLOSED HEARING AND WE'RE GONNA GO BACK TO OPEN SESSION IF YOU PLEASE COME BACK UP.
UH, IF YOU WOULD LIKE AN OPPORTUNITY TO AMEND YOUR APPLICATION YES SIR.
FOR CORRUGATED METAL TO INCLUDE CAPPING, YOU CAN TAKE THIS OPPORTUNITY TO DO SO.
I THOUGHT I MENTIONED IT, BUT UM, I GUESS IT, I THOUGHT YOU DID MENTION IT TOO, BUT IT HAS TO BE PART OF THE KEVIN TRYING TO SUPPORT SAFETY REASONS FOR KIDS, GOD FORBID AND ALL.
I'M CLOSING THE PUBLIC HEARING.
SO THE MOTION, UH, IS, IS WILL INCLUDE CAPPING AND I'D LIKE TO, UH, TO AMEND, UH, ITEM ONE THAT CAPPING AS AMENDED BY THE APPLICANT WILL BE INCLUDED WITH CORRU WITH THE CORRUGATED METAL.
SO, SO WHAT I DID WAS I READ THE MOTION SAYING THAT CORRUGATED METAL WOULD BE LIMITED TO THE REAR YARD AND NO HIGHER THAN SIX FEET.
UH, AND THEN I ALSO MADE A STATEMENT ON ITEM NUMBER TWO.
I CHANGED IT TO A FOUR FOOT SIX INCH VARIANCE BECAUSE NOW THAT WE HAD ACCESS TO A SURVEY, THEY EASILY HAVE MORE THAN SIX INCHES.
UH, I DIDN'T WANT TO PUSH IT, BUT I JUST WANTED TO INCREASE IT A LITTLE BIT, UH, ON THAT, ON THAT REAR SETBACK OF THE ACCESSORY STRUCTURE.
AND THEN FOR ITEM NUMBER, UM, UM, THREE, I DIDN'T MAKE ANY CHANGES.
[02:50:01]
AND THEN ON ITEM NUMBER FOUR, I WANTED TO CLARIFY WHICH CARPORT WAS ONE INCH AND WHICH CARPORT WAS ONE FOOT.AND, AND IT'S AS PER THE, UM, THE SITE PLAN, WELL IT MIGHT BE HELPFUL TO THE STAFF IF YOU WOULD REREAD THAT PARAGRAPH WITH THOSE CORRECTIONS
I AM GOING TO REREAD FOR CLARITY THE INTENT OF MY MOTION, UH, THAT FIRST, UH, PARAGRAPH.
SO REGARDING CASE NUMBER BO OA 24 DASH 1 0 3 0 0 1 10, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST, UH, FOR ONE, A VARIANCE FROM THE FENCE MATERIALS TO ALLOW FOR A CORRUGATED METAL FENCE WITH CAPPING ON THE REAR OF THE PROPERTY, LIMITED TO SIX FEET AND HEIGHT, UH, TWO, A FOUR FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT REAR SETBACK TO ALLOW AN ACCESSORY STRUCTURE TO BE SIX INCHES FROM THE REAR PROPERTY LINE.
UH, THREE A TWO FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ACCESSORY STRUCTURE TO BE TWO FOOT SIX INCHES FROM THE SIDE PROPERTY LINE.
AND FOUR, A FOUR FOOT 11 VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT TO BE, UH, SITUATED IN THE FRONT OF THE PROPERTY TO BE ONE INCH FROM THE SIDE PROPERTY LINE.
AND A FOUR FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE BACK TO ALLOW A SECOND CARPORT TO BE ONE FOOT FROM THE SIDE PROPERTY LINE LOCATED IN THE REAR CORNER OF THE PROPERTY AS SO DE AS SO, UH, REFLECTED ON THE APPLICANT'S SITE PLAN SITUATED AT 48 35 CASTLE PINE.
AND THEN EVERYTHING IS THE SAME AFTER THAT.
SO IS THERE A SECOND? OH, COMMISSIONER MAN, DO YOU ACCEPT MY CLAR CLARIFICATION? YES.
SO I I I HAVE NO PROBLEM, UM, APPROVING IT AS READ WITH THOSE ALTERATIONS, UH, AND COMMISSIONER MANNA.
YEAH, SO, SO JUST TO ACKNOWLEDGE THAT, UM, YOU KNOW, THAT THERE WAS A LOT OF NEIGHBORHOOD BUY-IN AND ALSO THAT THE EAST VILLAGE NEIGHBORHOOD ASSOCIATION WAS IN FAVOR.
SO, UM, YOU KNOW, AND, AND I THINK THAT WITH REGARDS TO THE HEIGHT OF THE CORRUGATED METAL, YOU KNOW, IT'S AN ONGOING DIALOGUE WITH THE CITY.
BUT FOR RIGHT NOW, I THINK THIS IS A GOOD COMPROMISE, UM, UNTIL IT IS THAT THE CITY DECIDES OTHERWISE.
AND SO, SO THEREFORE I'LL BE VOTING IN FAVOR.
UH, ANY OTHER COMMISSIONERS LIKE TO ADD TO THE DISCUSSION? HEARING NONE, UH, LET'S HAVE ROLL CALL, VOTE CHAIR.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDES? I CONCUR.
COMMISSIONER VASQUEZ? I CONCUR.
UH, WE MADE SOME MODIFICATIONS IN THERE.
UM, IF YOU HAVE ANY QUESTIONS, STAFF IS MORE THAN HAPPY TO GO THROUGH THEM WITH YOU.
I, NO, I DON'T KNOW EXACTLY WHEN YOU SAY THE BOARD IN THE BACKYARD.
SO IS THERE A DIRECTOR'S REPORT? UH, NO DIRECTOR'S REPORT TODAY.
IT IS, UH, 4 0 6 AND I HEREBY ADJOURN THE MEETING.