* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:04] ONE OH TWO. I HEREBY CALL THIS MEETING OF THE BOARD OF ADJUSTMENTS INTO SESSION. UH, IF WE HAVE THE SPANISH INTERPRETER COME UP, PLEASE. THANK YOU. UH, STAFFING CONTROL RULE. COMMISSIONER BURTON. HERE. COMMISSIONER STEVENS. PRESENT. COMMISSIONER BONIA PRESENT. COMMISSIONER DEAN PRESENT. COMMISSIONER CRUZ. HERE. COMMISSIONER MANA PRESENT. COMMISSIONER UNA PRESENT. COMMISSIONER VASQUEZ. PRESENT. COMMISSIONER BONILLA? HERE. COMMISSIONER MANEZ? HERE. CHAIR ORIAN. AND I'M HERE. A QUORUM IS PRESIDENT. ALL RIGHT. IF EVERYONE COULD PLEASE JOIN ME IN THE PLEDGE. I PLEDGE ALLEGIANCE TO THE FLAG IN THE UNITED STATES OF AMERICA TO THE REPUBLIC STANDS RULING NATION UNDER GOD. LIBERTY, JUSTICE FOR ALL. HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD ONE AND INDIVISIBLE. ALL RIGHT. [ Briefing and Possible Action on the following items  ] SO BEFORE WE PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION. UH, THIS BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY A NUMBER WITH THE NAME OF THE APPLICANT, STREET ADDRESS. UH, FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT. LASTLY, AS CHAIR, I'LL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS. I ASK THAT THE BOARD MEMBER SUBMIT THESE ANNOUNCEMENTS TO ME AS A CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING. WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL. THE BOARD IS SUPPORTED BY THE MEMBERS OF THE CITY STAFF COMMENT AND THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELEASE OUGHT, AND WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAS BEEN GRANTED TO US BY THE TEXAS LEGISLATURE IN THE SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED. AND CHAPTER 35. WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE. IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY'LL 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 AND 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 IN, IN GRANTING THE RELIEF SOUGHT RESTS WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL. SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW. BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. SO PLEASE LIMIT YOUR PRESENTATION AND REMARK TO THE PERTINENT FACTS OF YOUR CASE STAFF. GOOD AFTERNOON. THE STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST. PRIOR PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE FOR SPECIAL EXEMPTION AND PROPERTY UH, OWNERS WITHIN 200 FEET OF THE SUBJECT PROPERTY CHECK MARKS INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION FOLLOWING THIS PRESENTATION. ANY QUESTIONS ABOUT 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 A MAXIMUM THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE A MAXIMUM TIME LIMITATION. FOR THOSE THAT WOULD LIKE TO GIVE UP THEIR TIME TO THE SPEAKER. THAT SPEAKER WILL BE ALLOWED A MAXIMUM TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU, CHAIRMAN. ALL RIGHT. SO THE FIRST CASE BEFORE [00:05:01] US, UH, IS I'LL SAY YEAH REAL QUICK. UM, WE DO HAVE TWO CONTINUANCES REQUEST. OH, OKAY. IF YOU'D LIKE TO. IT'S ITEM NUMBERS TWO AND ITEM NUMBER EIGHT. OKAY. AND WHAT DATE WOULD THEY ARE LOOKING FOR? I BELIEVE THEY'RE BOTH ASKING FOR A TWO WEEK CONTINUANCE FOR THE 19TH. ALRIGHT. AUGUST 19TH. SO LET'S HAVE A BRIEF PRESENTATION, UH, FROM STAFF ON THOSE TWO ITEMS. PLEASE GO AND PULL UP ITEM NUMBER TWO FIRST. OKAY. NUMBER TWO IS ASKING FOR THE 9TH OF SEPTEMBER. OKAY. UM, SO ITEM NUMBER TWO IS BO OA 24 1 0 3 0 0 1 2 0. UH, REQUEST BY JAMIE SOA FOR FOUR FOOT 11 INCH, UH, VARI FROM THE MINIMUM FIVE FOOT SIDE SETBACK FOR A DETACHED CARPORT TO BE ONE INCH FROM THE EAST AND WEST PROPERTY LINES. A THREE FOOT FENCE HEIGHT, SPECIAL EXEMPTION FROM THE MAXIMUM THREE FOOT FIGHT, THREE FOOT FENCE HEIGHT TO ALLOW A SIX FOOT PRIVACY FENCE IN THE FRONT YARD. UH, FIVE FOOT VARI FROM THE MINIMUM 15 FOOT CLEAR VISION TO ALLOW 10 FOOT CLEAR VISION FROM A 10 FOOT CLEAR VISION AND A VARIANCE FROM THE 50% IMPERVIOUS COVER TO ALLOW THE FRONT YARD EXCEEDING 50% IMPERVIOUS COVER LOCATED 35 50 WEST WOODLAWN AVENUE. STAFF RECOMMENDS APPROVAL FOR THE CLEAR VISION VARIANCE AND STAFF RECOMMENDS IT NOW ON THE REST OF THESE. OKAY. IS THERE ANYONE IN, IN THE GALLERY SIGNED, UH, SIGNED UP, UH, TO SPEAK FOR 3 5 5 OH WEST WOODLAWN? YES. UH, CAN YOU, ARE YOU THE APPLICANT, MA'AM? YES, THAT'S JUST THE A. OKAY. YES. I'M MARGARET SOZA AT 35 50 WEST WOODLAWN AND WE ARE JUST ASKING FOR A CONTINUANCE VARIANCE FOR OUR PROPERTY ON SEPTEMBER 9TH DUE TO WEST PARK. UM, SURVEY COMPANY UNABLE TO COME OUT AS SOON AS WE NEEDED THEM TO, SO, ALL RIGHT. VERY BUSY, SO, ALL RIGHT. WELL, THANK YOU VERY MUCH. IS THERE ANY VOICEMAILS? NO PUBLIC COMMENT. ALL LOOKING FOR A MOTION, UH, MOVE TO CONTINUANCE, UH, TO SEPTEMBER 9TH, SECOND. ALL RIGHT. SO A MOTION AND A SECOND. UH, ALL IN FAVOR A AYE AYE. ANY OPPOSED? HEARING NONE. MOTION PASSES THAT YOUR ITEMS BEEN CONTINUED TO SEPTEMBER 9TH. WE'LL SEE YOU THEN. THANK YOU. YEP. UH, NEXT, NEXT CONTINUANCE PLEASE. ALRIGHT, ITEM NUMBER EIGHT. UM, THIS IS FOR TWO WEEKS? YES. OKAY. UH, ALL RIGHT. UM, NUMBER EIGHT IS BO OA 24 1 0 3 0 0 1 3 2 REQUEST BY MARIO NICHOLS FOR A TWO FOOT SIX INCH VARI FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A TWO FOOT SIX INCH SIDE SETBACK ON THE NORTH AND SOUTHERN PROPERTY LINES LOCATED AT 13 $17 GREEN AVENUE STAFF RECOMMEND DENIAL, AND THEY'RE ASKING FOR A TWO WEEK CONTINUANCE. ALL RIGHT. ANYONE TIME TO SPEAK OR VOICEMAILS? NO PUBLIC COMMENT ON THIS CASE. ALL. SO WE'RE LOOKING FOR A MOTION, ACTUALLY, AM I ABLE TO ADJUST THAT TO FOUR WEEKS? THE SEPTEMBER 9TH DATE? OH, SO FOUR WEEKS. CAN YOU PLEASE COME TO THE, UH, PODIUMS ARE, ARE, I ASSUME YOU'RE THE APPLICANT. YEAH. SO THIS IS ALL NEW TO ME. OKAY. UM, UH, MR. NICHOLS? YES. ALRIGHT. MY NAME IS MARIO NICHOLS. UH, YEAH, SORRY, THIS IS ALL NEW TO ME, SO NO, THAT'S FINE. UH, IT'S FIRST RODEO. UM, I, I, I WAS THINKING THAT THE CONTINUANCE WAS ACTUALLY A PLAN B. UM, 'CAUSE I, I GUESS I WOULD LIKE TO MAKE MY CASE, BUT I THINK THAT THERE IS A STAKEHOLDER THAT PERHAPS DIDN'T FEEL, UM, INFORMED, WHICH, I MEAN, YOU KNOW, I WAS UNAWARE OF LIKE THE WHOLE PROCESS. OKAY. SO, UM, I MEAN, I, I'D LIKE A CONTINUANCE AS A PLAN B, BUT I MEAN, I'D LIKE TO MAKE MY CASE. WOULD YOU LIKE TO GO FORWARD OR LET CONTINUE, SIR? SO IT'S EITHER OR? YES, SIR. WELL, WHAT, WHAT HAPPENS IS, UM, RIGHT NOW YOU HAVE A RECOMMENDATION OF DENIAL. IF YOU HAVE A NEIGHBOR OR, OR CONCERN A CITIZEN OR A STAKEHOLDER THAT YOU WOULD LIKE TO, UH, YOU KNOW, DISCUSS YOUR CASE WITH FURTHER OKAY. AND HOPEFULLY GET THEIR SUPPORT, THAT MIGHT BE HELPFUL. OKAY. UM, BUT IT'S UP TO YOU. YOU, WE CAN HEAR YOUR CASE LATER OR YOU CAN RE MOVE FORWARD WITH THEIR CONTINUANCE REQUEST. BUT IF THE CASE IS DENIED, IT'S A ONE YEAR WAITING PERIOD UNTIL WE CAN REHEAR THE CASE AGAIN. YEAH, I SEE. YEAH. THE MORE COMPLETE YOUR APPLICATION AND PRESENTATION AND SUPPORT IS THAT IT'S ALWAYS IN YOUR BEST INTEREST. OKAY. ALRIGHT. SO WITH AN ACTIVE OR ACT OF, I GUESS, UH, UH, PUSHBACK FROM ANOTHER PARTY, THAT DECREASES MY ODDS OF, UH, ACCEPTANCE. WELL, IT JUST, IT'S NOT AS HELPFUL. IT'S NOT AS HELPFUL. OKAY. ALRIGHT. THEN I'LL GO WITH THE CONTINUANCE. YEAH. OKAY. TO SEPTEMBER. UH, NINTH. NINTH. SO WE, WE HAVE A MOTION, MOTION FOR CONTINUANCE. ALL SECOND. OKAY. ALRIGHT. THIS SEPTEMBER 9TH. UH, I'LL GIVE THE SECOND TO COMMISSIONER BARRINGTON. ALL IN FAVOR SAY AYE. AYE. AYE. UH, ANY OPPOSED? HEARING NONE. UH, WE'LL SEE YOU ON SEPTEMBER 9TH. OKAY. AND IF YOU HAVE ANY QUESTIONS IN THE INTERIM, STAFF IS HERE TO HELP. OKAY. ALRIGHT. THANK YOU. THANK YOU. ALL RIGHT. ITEM NUMBER ONE. [00:10:29] ALL RIGHT. READY? ALRIGHT, GOOD AFTERNOON. MY NAME IS JUAN ALVAREZ, PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER ONE IS REQUESTED BY RO MANJA AND IS REQUESTING FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE. LOCATED AT 2 5 9 DRAKE AVENUE, ZONED RESIDENTIAL SINGLE FAMILY DISTRICT AND CONDO DISTRICT FIVE. THE SUBJECT PROPERTY IS LOCATED AT 2 5 9 DRAKE AVENUE. SURROUNDING USES INCLUDE RESIDENTIAL SINGLE FAMILY. THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT TERM RENTAL ON THE BLOCK FACE PER THE CODE. TYPE TWO SHORT TERM RENTAL SHALL BE LIMITED TO NO MORE THAN ONE EIGHTH OF THE TOTAL NUMBER OF SINGLE FAMILY DUPLEX, TRIPLEX, OR QUADPLEX UNITS. ON THE BLOCK FACE HERE IS A VISUAL DISPLAYING THE 14 UNITS ON THE BLOCK FACE. ONE ACTIVE STR TYPE TWO IS ALREADY ACTIVE ON THE BLOCK BEING TWO 15 DRAKE AVENUE ISSUED ON OCTOBER 6TH, 2022. THE BLOCK FACE IS CURRENTLY AT 8% AND IF AN ADDITIONAL SECOND TYPE TWO IS APPROVED, THE BLOCK FACE WILL BE AT 15%. THIS EXCEEDS THE 12.5 DENSITY LIMITATION FOR TYPE TWO ST. THE PROPERTY HAS NO CODE VIOLATIONS OR ACTIVE LISTINGS. THIS IS THE SITE PLAN OF THE PROPERTY SUBMITTED AT THE TIME OF THE APPLICATION. AND THIS IS THE SUBJECT PROPERTY. AND THE NEXT FEW SLIDES ARE THE NEIGHBORING PROPERTIES AND SURROUNDING AREAS, INCLUDING THE PARKING AREA. STAFF RECOMMENDS DENIAL OF THE APPLICANT'S REQUEST FOR A SPECIAL EXCEPTION, AND THERE WERE 36 MAIL NOTICES SENT OUT. ZERO IN FAVOR. SEVEN IN OPPOSITION WITH ONE IN OPPOSITION OUTSIDE OF THE 200 FEET. AND IN OPPOSITION FROM COLLINS GARDENS NEIGHBORHOOD ASSOCIATION. AND THIS CONCLUDES STAFF PRESENTATION. APPLICANT IS HERE TO ANSWER ANY QUESTIONS. ALRIGHT, THANK YOU VERY MUCH. THANK YOU. LET THE APPLICANT COME FORWARD. ALL RIGHT. IF YOU COULD PLEASE TELL US YOUR NAME AND ABOUT YOUR, YOUR CASE. HI, GOOD AFTERNOON. UH, MY NAME IS CID RE I'M THE APPLICANT FOR, UH, 2 59 DRAKE. UH, FIRST OF ALL, UH, THANK YOU FOR HAVING ME HERE. THANK YOU FOR HEARING ME. I MEAN, I ACTUALLY BOUGHT THE PROPERTY BACK IN 2021. IT WAS COMPLETELY MESS. UH, I MEAN, I'VE TALKED TO A COUPLE OF NEIGHBORS. THEY'RE VERY, VERY NICE. LIKE THE GENTLEMAN BEHIND, UH, BEHIND MY PROPERTY, MR. STEVENS, UH, HE'S ACTUALLY VERY HAPPY 'CAUSE UH, I INSTALLED SECURITY CAMERAS, UH, WHICH ACTUALLY STOPPED, UH, THE AMOUNT OF, UH, BURGLARY HE HAD IN HIS, IN THE BACK OF HIS YARD. UH, THERE WERE PEOPLE COMING IN. UH, THE HOUSE WAS VERY, VERY BAD. SO I ACTUALLY MADE IT LOOK PRETTY GOOD. UH, I MEAN, THE INTENT OF THE PROPERTY WAS NEVER TO ACTUALLY SELL IT, BUT TO ACTUALLY PUT IT UP. EXCUSE ME, CHAIR, CAN YOU GET A LITTLE BIT CLOSER TO THE MIC? WE'RE HAVING TROUBLE HEARING HIM. THANK YOU. OKAY. UH, SO THE INTENT OF THE PROPERTY WAS ACTUALLY NEVER TO SELL IT. I MEAN, I'M A FIRST TIME INVESTOR. I WANT TO TRY TO SEE IF I CAN GET THAT AREA LOOKING BETTER. I LIKE THE AREA, I LIKE THE PEOPLE AROUND THE AREA. THE NEIGHBORHOOD IS REALLY GOOD. IT'S REALLY CLOSE TO DOWNTOWN. UH, AND I MEAN, THAT'S MY ORDEAL. I JUST WANT TO SEE IF I CAN MAYBE IN ANOTHER BLOCK DO THE SAME THING. BRING ALSO, UH, PEOPLE COMING INTO THE NEIGHBORHOOD SO THAT WAY THEY CAN LOOK AT THE, AT THE NEIGHBOR THEY CAN, UH, TO SEE IF THEY LIKE IT. UH, BRING MORE, UH, GUESTS, UH, TOURISM TO THE AREA. UH, THAT WAY IT CAN ACTUALLY HELP. UH, THE CITY OF SAN ANTONIO, UH, WE, I DO EMPLOY A, UH, A UH, CONTRACTOR THAT ACTUALLY HELPS ME DO ALL THE REMODELING IN THE HOUSE. UH, AND HE'S GOING TO, THE ONE THAT'S GONNA TAKE CARE OF THE YARD WORK AND THINGS OF THE SOURCE WILL ACTUALLY BRING A LITTLE BIT MORE WORK, UH, TO THE CITY AS WELL. SO I DO REALLY APPRECIATE IF YOU GUYS GIMME ME A HAND HERE. I MEAN, IT'S REALLY, IT'S YOUR CHOICE. I MEAN, IF THERE'S NEIGHBORS THAT ARE DENIED, UH, OR AGAINST IT, I KNOW AT LEAST THE ONES THAT ARE WITHIN THE AREA SINCE I'VE ALREADY TALKED TO THEM BECAUSE IT'S BEEN SO LONG, UH, FOR THE REMODELING. UH, AND I WANTED TO MAKE SURE THEY WERE OKAY. I MEAN, I DO, I DID LET THEM KNOW THAT WE HAVE CAMERAS, SECURITY CAMERAS, SO THAT WAY IF ANYTHING HAPPENS, UH, AROUND THE AREA, I SHOULD BE ABLE TO RECORD IT. UH, [00:15:01] IF THEY HAD ANY QUESTIONS, THEY CAN ALWAYS CALL ME. UH, THERE'S NOT GONNA BE, I'M GONNA, IF ANYTHING HAPPENS, I'M GONNA HAVE, UH, BASICALLY FOR GUESTS THAT AFTER 10 O'CLOCK IT'S QUIET TIME. SO, AND THERE'S NO PARTIES, THERE'S NOTHING WHATSOEVER. IT'S JUST BASICALLY TRYING TO GET MORE PEOPLE COMING INTO SAN ANTONIO, HAVING THEM TO SEE IF THEY LIKE THE AREA, UH, AND, UH, HAVE THE AREA GROW. OKAY. SO I'M GONNA START OFF WITH A FEW QUESTIONS. YOU MENTIONED ABOUT IT IN 2021, UH, IN THE LAST THREE YEARS, WERE YOU RENTING IT TO SOMEONE ELSE? NO, IT'S BEEN REMODELING FOR THREE YEARS. FOR, UH, I'M USING MY OWN MONEY. OKAY. AND SO IT'S BEEN A WHILE AND, UH, I WANTED TO DO EVERYTHING UP TO CODE EVERYTHING TO THE CITY. OKAY. SO THE PLUMBER ACTUALLY TOOK TWO YEARS TO DO THE PLUMBING, UH, AND STAFF THE EXISTING, UH, SHORT TERM RENTAL THAT'S ON THE BLOCK PHASE, HAS IT BEEN THERE A LONG TIME OR IS IT A RECENT TYPE TWO? UM, THAT TYPE TWO WAS APPROVED BACK IN 2022. SO IT'S BEEN THERE FOR AT LEAST TWO YEARS. OKAY. UH, IS THERE ANY, UH, COMMISSIONER QUESTIONS FOR THE APPLICANT? ANNA? UH, COMMISSIONER ANA? SO, UM, ONE QUESTION I HAVE IS THAT POLLEN GARDEN'S NEIGHBORHOOD ASSOCIATION, YOU KNOW, HAS, HAS VOTED OR, OR IS PUT IN THEIR POSITION OF BEING IN OPPOSITION. HAVE YOU HAD AN OPPORTUNITY TO TALK WITH THEM AT ALL? UH, I SENT THEM AN EMAIL, UH, IN REGARDS TO THAT. UH, SEND WITH PRIOR PICTURES OF THE PROPERTY, THE NEW PICTURES OF THE PROPERTY. I NEVER GOT A RESPONSE BACK. I ACTUALLY CALLED, LEFT A VOICEMAIL AND NEVER GOT A RESPONSE BACK EITHER. AND THEN, UM, SECOND QUESTION IS, HAVE YOU HAD ANY OPPORTUNITIES OR TRIED TO, UH, TRY RENTING OUT THE PROPERTY LONG TERM? SO, SO NOT NECESSARILY SHORT TERM, BUT LONG TERM, YES. UH, I'VE HAD THAT, UH, THAT IDEA. BUT I MEAN, I'VE MADE THE PROPERTY LOOK SO WELL THAT HAVING A LONG TERM RENTER IN THERE WILL ACTUALLY END UP DAMAGING THE PROPERTY THAT I'VE RENTED. I MEAN, I, I'VE LITERALLY INVESTED, UM, I REMODELED THE PROPERTY JUST THE SAME WAY THAT I WOULD LOVE MY HOUSE TO BE. SO ON THAT NOTE, YES, THEY GAVE ME THAT IDEA, BUT I DON'T WANNA DO THAT BECAUSE IT'S JUST GONNA BASICALLY A LONG-TERM RENTER, IT'S GONNA END UP DAMAGING EVERYTHING AND ALL THE HARD WORK THAT I'VE DONE BECAUSE IT'S GONNA BE KIND OF HARD LIVING. OKAY. THANK YOU. ALRIGHT, UH, COMMISSIONER ZUNA, DO YOU HAVE ANY OTHER SHORT TERM RENTAL PROPERTIES YOU MANAGE? UH, I HAVE ONE THAT I BOUGHT IN 2018, WHICH IS CLOSE TO THE AREA ON, UH, 1 35 FROM FRIEND STREET. UH, AND I BOUGHT THAT VERY WELL. I DID THAT, UH, ALSO, I OVERSPENT ON THAT, WHICH AS WELL. 'CAUSE I REMODELED IT JUST LIKE I WANTED THE HOUSE TO BE LIKE, IF IT WAS, I MEAN, IT'S MY HOUSE, SO I WANNA MAKE SURE EVERYTHING'S PERFECT. ARE YOU IN GOOD STANDING ON THAT ONE? YES, SIR. IS STAFF, ARE, IS, DO YOU KNOW STAFF? DO YOU KNOW IF, UH, HE, SO HE, HE HAS ANOTHER SHORT TERM RENTAL, JUST CHECKING TO SEE IF HE'S CURRENT ON, UM, SO HE DID HAVE A PERMIT AT THAT PROPERTY. IT WAS REVOKED LAST YEAR ON OCT ON AUGUST 3RD, AUGUST 4TH, 2023 TO HOT DELINQUENCY. BUT HE IS CURRENT AS OF TODAY, SO IF HE CHOOSES TO REAPPLY, HE IS CURRENT ON HIS TAXES. YEAH. UH, THAT WAS THE FIRST ONE EVER. SO I DIDN'T KNOW THAT I NEEDED TO PAY THAT, SO, SO I KIND OF MESSED UP AND I PAID EVERYTHING SO THAT WAY EVERYTHING WAS NICE AND UP TO DATE. OKAY. UH, STAFF, IS THERE ANY, UH, PUBLIC COMMENTARY PEOPLE SIGN UP TO SPEAK VOICEMAILS? YEAH, THERE'S TWO PEOPLE SIGN UP TO SPEAK. UH, FIRST ONE IS MR. ROBERT, YOU CAN TAKE A SEAT. THANK YOU. OH, AND, UH, HIS WIFE HAS GIVEN HIS TIME, SO HE HAS FOUR MINUTES. SIX MINUTES. ALL RIGHT. HI. IF YOU COULD STATE YOUR NAME AND TELL US YOUR THOUGHTS. SURE. THANK YOU. BOARD MEMBERS. MY NAME IS ROBERT CUE. I LIVE AT 2 4 6 DRAKE AVENUE. I OWN THAT HOUSE AND I AM OPPOSED TO THE REQUEST FOR SPECIAL EXCEPTION FOR ADDITIONAL TYPE TWO SHORT TERM RENTAL. I WOULD LIKE TO POINT OUT, AND I, I MENTIONED WHEN I SPOKE TO MR. ALVAREZ, THERE SHOULD BE AT LEAST ONE ADDITIONAL NEGATIVE VOTE ON THAT BECAUSE I DID NOT SEE MY RED X FOR WHERE MY HOUSE IS WHEN I TALKED TO MR. VARS AND HE SAID HE WOULD PUT ME DOWN FOR THAT. SO AGAIN, I'M AT 2 4 6 DRAKE, SEE IF THEY'RE ACROSS THE STREET THERE. YEAH. YEP, THAT'S ME. OKAY. SO ANYWAY, UH, YEAH, I'M OPPOSED TO IT. SO, UH, MY MOM AND DAD BOUGHT THIS PROPERTY IN, UH, 1973, LIVED THERE FOR THE REST OF THEIR LONG AND PRODUCTIVE LIVES. AND AT THAT POINT I TOOK OWNERSHIP OF THE HOUSE. UH, AND WE'VE LIVED THERE SINCE THEN. MY WIFE AND I HAVE, SO FOR OVER 51 YEARS, WEAKERS HAVE LIVED AT 2 4 6 DRAKE. AND I WANTED TO, UH, START OUT MY COMMENTS, MY EXPRESSING MY GRATITUDE TO THE CITY LEADERS IN [00:20:01] HELPING US IN, UH, THEIR, OUR EFFORTS TO PROTECT OUR NEIGHBORHOOD, TO RETAIN IT, UH, AS A, UH, RESIDENTIAL R FIVE TYPE NEIGHBORHOOD. WE ARE INDEED A DEVELOPER ATTRACTIVE NEIGHBORHOOD, CLOSE IN, UH, WE HAVE ATTRACTIVE HOMES. I'M NOT SAYING HIS WAS NOT, BUT ANY KIND OF A COMMENT THAT IT WAS GONNA UPGRADE THINGS, I, I'M NOT SURE THAT'S, UH, IN KEEPING WITH WHAT MY EXPERIENCE IS. THIS SPRING, THE PLANNING COMMISSION IN FEBRUARY AND THE ZONING COMMISSION IN APRIL DENIED THE REQUEST OF ANOTHER ABSENTEE PROPERTY OWNER AT 2 0 3 DRAKE. THEY SOUGHT A LAND USE CHANGE AND ZONING CHANGE TO INTRODUCE DENSIFIED HOUSING INTO THE 200 BLOCK OF DRAKE. THE COMMISSIONERS STATED THAT RETENTION OF OUR MULTI-GENERATIONAL NEIGHBORHOOD CHARACTERISTIC OF RESIDENTIAL WAS BEING THEIR PRIMARY FACTOR. NOW WE ARE BEFORE YOU ASKING THIS BOARD'S DENIAL OF THIS REQUESTED SPECIAL EXCEPTION ON THE BASIS THAT IT WOULD BE DETRIMENTAL TO THE INTEGRITY OF OUR NEIGHBORHOOD AND WOULD RAISE A SERIOUS SAFETY CONCERN. I'M A BIG FAN OF COUNCILWOMAN CASTILLO. SHE'S BEEN VERY GOOD TO US. I WAS VERY PLEASED WHEN RECENTLY, AFTER THE CITY COUNCIL ENACTED STRONGER ENFORCEMENT MECHANISMS AND HIGHER PERMIT FEES FOR SHORT-TERM RENTALS. SHE DESCRIBED TO THE PRESS, TO THE MEDIA THE NEGATIVE ASPECTS OF TYPE TWO RENTALS. HER WORDS WERE, BECAUSE TYPE TWO ST COMMIT THE MAJORITY OF ORDINANCE VIOLATIONS. AND BECAUSE THEY NEGATIVELY IMPACT HOUSING SUPPLY, THEIR FEES SHOULD BE HIGHER. FURTHERMORE, STUDIES ALSO HIGHLIGHT THAT AIR AIRBNB EXPANSIONS HAVE CAUSED A REDUCED SUPPLY OF HOUSING AND INCREASED HOUSING COSTS. MY CONCERNS ARE COMPLETELY IN ALIGNMENT WITH COMMISSIONER CASTILLO AND ARE ADDITIONAL REASONS WHY I OPPOSE THE REQUEST FOR ADDITIONAL TYPE TWO. MY FINAL COMMENT IS SITE SPECIFIC AND IT CONCERNS CHILD SAFETY AS WAS IN THE REAL PHOTOGRAPH AND WAS IN YOUR BRIEFING PACKET. THIS SUBJECT PROPERTY. YOU CAN GIVE THAT TO STAFF, THEY CAN PROJECT IT UP FOR US. SO YOU GOT A PHOTO OF IT. CAN I POINT TO IT? MM-HMM. . OH YEAH, THERE'S THAT. THERE'S 0.0 MY GOSH, ELECTRONICS. WHICH ONE? THIS ONE? AH, YES. THAT. SO AS YOU CAN SEE, THIS PROPERTY IS A MIRROR 362 FEET, OOPS. FROM OUR COMMUNITY PARK, YOU CAN SEE THE BASKETBALL COURTS AND TENNIS COURTS DOWN HERE. YOU CAN SEE THE PICNIC AREAS DOWN OVER HERE, 362 FEET, ANOTHER 50 FEET BEYOND THIS DOWN SOUTH IS THE COLLINS GOOD COLLINS GARDEN ELEMENTARY SCHOOL PLAYGROUND AREA. THERE ARE A LOT OF CHILDREN IN THIS AREA. AND THE MAJOR WAY THAT THESE KIDS GET TO THEIR PARK AND TO THEIR SCHOOL IS THROUGH THE PATHS OF BRASSEL STREET AND DRAKE AVENUE. THIS PROPERTY IS IN, AGAIN, A, A MAJOR PATH FOR, FOR STUDENTS TO GET THERE. THE INCREASE IN CHILD SAFETY RISK CREATED BY AN INCREASE IN SHORT TERM TRANSIENT INHABITANTS IN THEIR PATH CANNOT BE IGNORED IN THESE DAYS OF STRANGER EQUAL DANGER TIMES. THESE ARE THE REASONS I OPPOSE THIS REQUEST. BE GLAD TO CHECK YOUR QUESTIONS. ALL RIGHT. THANK YOU. IF THERE'S ANY QUESTIONS FOR THE, UH, SPEAKER WELL, THANK YOU VERY MUCH. SURE. AND THAT'S ALL THE PUBLIC COMMENT. DO WE HAVE THE APPLICANT COME BACK FORWARD PLEASE. ALL RIGHT. SO YOU'VE HEARD, UH, CONCERNS, UM, FROM THE PREVIOUS SPEAKERS THERE ANY SORT OF A REBUTTAL OR ADDITIONAL INFORMATION YOU'D LIKE TO PROVIDE? I MEAN, I, IN REGARDS TO THE SAFETY OF THE CHILDREN, I MEAN, I WOULDN'T BE ANY SURPRISE THAT THEY'RE GONNA BE SAFE. AND THE REASON AS TO WHY IS BECAUSE THERE'S CAMERAS ALL AROUND THE HOUSE. SO ANYTHING THAT'S OUT OF THE ORDINARY IS GONNA BE CAUGHT BY MY CAMERAS. I ACTUALLY PUT, UH, WELL, ACTUALLY BOUGHT FIVE CAMERAS, UH, WHICH ARE GONNA BE, UH, THREE OF THEM ARE GONNA BE POINTING TOWARDS THE FRONT, UH, SIDE AND THE BACK OF THE STREET AND ON, ON THE [00:25:01] OTHER SIDE. SO EVERYTHING'S GONNA BE MONITORED, EVERYTHING'S GONNA BE IN REGARDS TO SAFETY, I MEAN, I'M IN THAT REGARD, I'M A LITTLE BIT OF A CONTROL FREAK. SO I WANT TO MAKE SURE THAT EVEN THEN EVERYBODY IS SAFE, ESPECIALLY THE KIDS, BUT ALSO THE TENANTS AS WELL WHEN THEY ARE THERE. UH, THAT WAY I CAN ALSO SEE IF THEY'RE MISBEHAVING. IF THERE IS A PARTY OR ANYTHING GOING ON OUT OF THAT'S OUT OF THAT, THEY MIGHT NOT HAVE TOLD ME. EVEN THOUGH THERE'S REGULATIONS THAT THERE'S NO PARTIES YEAH. OR ANYTHING OF THAT CONCERN. SO, I MEAN, I'VE TAKEN THAT INTO CONSIDERATION AS WELL. SO THAT WAY THAT'S WHY THE SAFETY SECURITIES AROUND THE AREA. OKAY. WELL THANK YOU VERY MUCH. IF THERE'S NO OTHER QUESTIONS, UH, WHAT WE'LL DO IS WE'RE GONNA, UH, ASK FOR A MOTION AND WE'LL SEE HOW THIS TURNS OUT FOR YOU. OKAY. THANK YOU. I'M LOOKING FOR A MOTION, PLEASE. BENAVIDEZ COMMISSIONER BENAVIDEZ REGARDING CASE NUMBER BO OA 2 4 103 0 0 1 3 6. I MOVE THAT THE BOARD OF ADJUSTMENTS GRANT A SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO SHORT-TERM RENTAL SITUATED AT 2 5 9 DRAKE AVENUE, APPLICANT BEING ISIDRO RE BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY. THE BOARD FINDS THAT THE REQUEST TO OPERATE AN ADDITIONAL SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY, OR WELFARE. THERE IS NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY. B, THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE. THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE A PUBLIC NUISANCE WOULD BE CREATED IF AN ADDITIONAL SHORT-TERM RENTAL PERMIT WAS APPROVED. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE THE NEIGHBORING PROPERTIES OF SINGLE FAMILY STRUCTURES. THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WILL SUBSTANTIALLY INJURE THE NEIGHBORING PROPERTY AS A TYPE TWO SHORT-TERM RENTAL. D, ADEQUATE UTILITIES, ACCESS, ROADS, STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACILITIES HAVE BEEN OR ARE BEING PROVIDED. THE SUBJECT PROPERTY PROVIDES OFF STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE. E THE APPLICANT OR OWNER OF THE SPECIAL EXCEPTION DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES. CONFIRMED CITATIONS OR ADJUDICATED OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 21 OF THE CODE WITHIN ONE YEAR PRIOR TO THE DATE OF APPLICA OF THE APPLICATION. THE APPLICANT DOES NOT HAVE ANY HISTORY OF REVOCATION, CITATIONS, OR CONVICTIONS FOR VIOLATIONS OF CHAPTER 16 F. THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH A SPECIAL EXCEPTION IS SOUGHT. THE PROPERTY, THE SUBJECT PROPERTY IS LOCATED IN THE RESIDENTIAL WITH THE PROPERTY OWNER PROVIDING OFF STREET PARKING AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY OF SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING. THE SPECIAL EXCEPTION AND A MOTION. SECOND. SECOND BY COMMISSIONER CRUZ. COMMISSIONER BENES. I AM GOING TO, THIS IS, THIS IS A TOUGH ONE 'CAUSE THERE IS SO MANY, UM, NEIGHBORS THAT ARE IN OPPOSITION. BUT ULTIMATELY I FEEL THAT, YOU KNOW, ANYTIME SOMEONE COMES BEFORE US AND RENOVATES A PROPERTY, UM, BENE IT BENEFITS THE COMMUNITY. AND ALSO THE DIFFERENCE IN THE TYPE TWO, I MEAN THE, THE, UM, IT'S CURRENTLY AT 8%, UM, AND THE LIMIT IS 12.5% AND ADDING A SECOND ONE IS ONLY 15% IS AT 15%. SO THE DIFFERENCE BETWEEN THE TWO IS NOT VERY, UM, VERY HIGH. HE IS IN GOOD STANDING WITH THIS OTHER PROPERTY. SO I, I WILL BE IN FAVOR, COMMISSIONER OF THE APPLICANT. OH, THANK YOU. COMMISSIONER CRUZ. I'M GONNA HAVE TO DISAGREE WITH, UH, COMMISSIONER EZ. I'M NOT, UH, I'M GONNA SUPPORT THE, UH, NEIGHBORHOOD ASSOCIATION AND OF COURSE THE TWO MAIN NEIGHBORS RIGHT BEHIND HIM AND TWO HOUSES DOWN THAT DISAGREE WITH THIS. I WILL SUPPORT HIM. THANK YOU. ANY OTHER COMMISSION LIKE TO ADD TO THE DISCUSSION? UH, BON UH, ALSO BE IN DISAGREEMENT WITH THIS. UH, I AGREE WITH WHAT COMMISSIONER CRUZ SAID ABOUT THE, UH, NEIGHBORHOOD ASSOCIATION BEING AGAINST IT WITH SO MANY OPPOSITIONS BEING AGAINST IT AS WELL AGAINST IT AS WELL. UM, AS AN INVESTOR, WE KNOW THE RISK, YOU KNOW, WHEN WE'RE, WHEN WE'RE REHABBING A PROPERTY. UM, BUT THERE'S STILL POTENTIAL TO MAKE MONEY OFF THE PROPERTY, NOT AS A SHORT-TERM RENTAL. UM, THERE'S A MID, A MIDTERM RENTAL OPTION WHERE YOU HAVE 30 DAYS OR MORE WHERE YOU COULD RENT IT OUT AND THEN YOU DON'T NEED THE STR PERMIT, UM, OR LONG-TERM TENANT OPTION. UM, SO, [00:30:01] UM, AND, AND ALSO I AGREE WITH WHAT THE, UM, THE NEIGHBOR SAID WITH, UH, THE PROXIMITY TO A SCHOOL. UM, I PERSONALLY DON'T, I DON'T LIKE AIR AIRBNBS SO BEING SO CLOSE TO A A, A SCHOOL BECAUSE AIRBNB DOESN'T RUN SUFFICIENT BACKGROUND CHECKS, UM, AGAINST, UH, SEX OFFENDERS OR ANYTHING LIKE THAT. SO YOU COULD PUT ANYBODY IN THESE PROPERTIES NEAR SCHOOL DISTRICTS OR NEAR SCHOOLS, UM, OR PARKS. SO I, I'LL BE IN, UH, I WON'T AGREE. ALRIGHT. IS THERE ANY OTHER COMMISSIONERS YOU'D LIKE TO ADD? YEAH, COMMISSIONER BARRINGTON. YEAH, I, I WOULD JUST WANT TO ADD THAT I'M SYMPATHETIC TO YOUR DESIRE TO IMPROVE THE NEIGHBORHOOD AND I APPLAUD THAT. BUT THE PROBLEM I HAVE IS EITHER WE HAVE A LIMIT OR WE DON'T. AND FOR BETTER OR WORSE, THE CITY COUNCIL ELECTED BY THE CITIZENS AS ESTABLISHED THAT WE SHALL HAVE A LIMIT. AND WHILE THIS MAY BE A CLOSE CASE, I DON'T THINK YOU'VE MADE A SUFFICIENTLY COMPELLING CASE FOR THAT AND THAT'S WHY I'M GONNA HAVE TO NOT SUPPORT THIS. OKAY. IF THERE'S NOTHING ELSE, UH, WE'LL GO TO A ROLL CALL VOTE. COMMISSIONER AVIVE. I CONCUR. COMMISSIONER CRUZ? I DO NOT CONCUR. COMMISSIONER BURTON? I DO NOT CONCUR. COMMISSIONER STEVENS? NO, I DO NOT. CONCUR. COMMISSIONER IBANEZ? I DO NOT CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER MANA? I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER UNA? I DO NOT CONCUR. COMMISSIONER VASQUEZ? I DO NOT CONCUR. COMMISSIONER BONNI? I DO NOT CONCUR. CHAIR ORIAN? UH, I DO NOT CONCUR WITH THE FINDINGS OF FACT. UH, MOTION FAILS. UH, ONE TO 10. UM, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF ABOUT WHAT IF, WHAT YOUR OPTIONS MAY OR MAY NOT BE. UH, ALL RIGHT WITH THAT, UH, ITEM NUMBER THREE. OKAY. ITEM NUMBER THREE IS BO OA DASH 24 DASH 0 3 0 0 1 22. ADDRESS BEING 2243 WEST AINSLEY BOULEVARD COUNCIL DISTRICT FOUR APPLICANT IS KENNETH ANTHONY. THIS IS A REQUEST FOR A 15 FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE FIVE FEET FROM THE REAR SETBACK. ZONING IS R FIVE. SUBJECT PROPERTY IS LOCATED WEST OF SOUTH SARZA MORRIS STREET, JUST SOUTH OF INTERSTATE 35 SOUTH ALONG WEST AINSLEY BOULEVARD. THE APPLICANT BEING THE PROPERTY OWNER IS PROPOSING DEVELOPMENT OF A SINGLE FAMILY DWELLING ON THE PROPERTY DUE TO THE IRREGULAR SHAPE OF THE LOT. THE APPLICANT IS REQUESTING A 15 FOOT VARIANCE TO ALLOW THE PROPOSED STRUCTURE TO BE FIVE FEET FROM THE REAR SETBACK. THE PROPOSED RESIDENTIAL LOT WOULD BE THE MOST, THE NORTHERNMOST LOT IN THE ESTABLISHED RESIDENTIAL SUBDIVISION AND PERMITS ARE PENDING DECISION OF THE BOARD OF ADJUSTMENT. THIS IS A SITE PLAN AERIAL VIEW, UH, AND GIS AERIAL VIEW OF THE PROPERTY. UH, SITE PLAN. THIS IS A VACANT LOT. SO A SUBJECT PROPERTY. THIS IS A VIEW ACROSS FROM THE SUBJECT PROPERTY, EASTERN VIEW AND WESTERN VIEW STAFF'S RECOMMENDATION, UH, FOR THE REAR SETBACK VARIANCE STAFF RECOMMENDS APPROVAL AND BO OA 24 DASH 3 22. BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE REQUESTED VARIANCE WILL RE, WILL MAINTAIN A REASONABLE DISTANCE AND WILL ADHERE TO ALL OTHER SETBACK REQUIREMENTS. AND TWO, DUE TO THE ASYMMETRICAL SHAPE OF THE LOCATION OF THE PROPERTY, THE REQUEST WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. UM, UM, STAFF MAILED 19 NOTICES, UH, CORRECTION TO THIS. THERE'S ONE IN OPPOSITION, WHICH IS ANNOTATED ON THE MAP, AND THERE WAS NO RESPONSE FROM THE VILLA DEL SOL NEIGHBORHOOD ASSOCIATION. NEXT SLIDE. AND THIS WAS THE CONCERN FROM THE NEIGHBORING PROPERTY. SO THEIR, UH, OPPOSITION, BUT THEY HAD A LOT OF QUESTIONS IN REGARDS TO THIS PROPERTY AS FAR AS LIKE THE EASEMENT, UH, DRAINAGE ENGAGEMENT, UH, ACCESS. [00:35:03] AND THIS CONCLUDES STAFF'S PRESENTATION. APPLICANT IS AVAILABLE FOR QUESTIONS. UH, JUST A QUICK QUESTION. YES. SO THE, THE, THE PERSON IN OPPOSITION WAS A COMMERCIAL PROPERTY IN THEY REAR? YES, IT'S A, UM, CHURCH. OKAY. UH, RELIGIOUS ESTABLISHMENT. UM, THE PASTOR THERE HAS SOME QUESTIONS IN REGARDS TO THIS. WE DID, I DID CONTACT 'EM THIS MORNING AND KIND OF ANSWERED THEIR QUESTIONS. UM, IT DOES NOT LOOK LIKE THE DRAINAGE EASEMENT WOULD BE A CONCERN BASED ON WHERE THEY SAT, BUT THE APPLICANT DOES HAVE SOME, UH, ADJUSTMENTS. HE'S GOT THE PLANS AND HE'S GOING TO TALK ABOUT THEM A LITTLE BIT FURTHER. 'CAUSE THIS MAY REDUCE THAT SETBACK AND OR INCREASE THAT SETBACK A LITTLE FURTHER. HOW BIG IS THAT DRAINAGE EASEMENT? UM, IF YOU GO BACK TO IT'S, UM, ANNOTATED WHERE THE X IS THAT EASEMENT? YEAH. BUT IS IT LIKE 50 FEET WIDE OR A HUNDRED FEET WIDE, OR HOW, I'M TRYING TO FIGURE OUT HOW, HOW MUCH OF A NATURAL BUFFER FROM THE PROPERTY IT WOULD, IT WOULD PROVIDE. CORRECT. UM, FOR THAT ONE, I THINK WE'D HAVE TO DO SOME MEASUREMENTS REAL QUICK. OKAY. ALL RIGHT. UM, IS THERE ANY QUESTIONS FOR THE, FOR, FOR THE CITY FROM THE COMMISSION? NO. ALL RIGHT. LET'S HAVE THE APPLICANT COME FORWARD. OKAY. ALL RIGHT. UH, STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. UM, MY NAME IS KENNETH ANTHONY. UM, I'M THE APPLICANT FOR 2 2 4 3 WEST ANSLEY PRETTY MUCH. CAN YOU PLEASE SPEAK LOUDER? WE CANNOT, YEAH, YOU HAVE TO. MY NAME IS KENNETH ANTHONY. THERE YOU GO. AND I'M THE APPLICANT FOR 2 2 4 3 WEST ANSLEY. I'M FROM ALBUQUERQUE, NEW MEXICO AND I'M TRYING TO LIKE RESIDE MY FAMILY HERE. AND I WAS ABLE TO MEET LIKE A GOOD FRIEND THAT SHOWED ME A LOT. PRETTY MUCH I BROUGHT MY FAMILY AND THEY WERE ABLE TO SEE A LOT AND THEY DECIDED TO STICK AROUND THAT AREA. 'CAUSE I SHOWED THEM LIKE, BUT I TOLD THEM LIKE, I WON'T BE ABLE TO BUILD THE KIND OF HOUSE YOU GUYS NEED IN THAT AREA. AND MY KIDS, THEY'D BE LIKE, THIS IS THE AREA WE NEED 'CAUSE THERE'S A LOT OF SCHOOL THERE. AND MY WIFE, LIKE, THEY BE LIKE, THIS IS THE AREA. AND I WAS LIKE, OKAY, BUT SINCE YOU GUYS CHOOSE THIS AREA, I'LL GO AHEAD AND SEE WHAT WE CAN DO. AND THEN I CONTACTED THE ARCHITECT AND HE WAS ABLE ACTUALLY TO PUT A HOUSE ON THE LOT. BUT WHEN HE PUT A LOT THE HOUSE ON THE LOT, IT WASN'T FITTING UP A LOT. SO HE TRIED HIS BEST, LIKE TO MAKE SURE THE HOUSE KIND OF LIKE FIT ON THE LOT. AND THEN I TOLD HIM, IS THERE ANY WAY WE CAN REDUCE, AT LEAST GET A GARAGE OFF THE, CAUSE I DON'T WANNA HAVE ANY PROBLEM WITH THE STATE OR WITH ANY PROBLEM. LIKE, LIKE NEIGHBORHOOD. AND HE TRIED HIS BEST AND HE WAS ABLE LIKE TO STICK THE GARAGE AND PUT IT ON THE OTHER SIDE. AND SO YOUR, YOUR REQUEST IS TO BUILD A DETACHED GARAGE WITHIN THE SETBACK? NO, NO, THERE'S NOT GONNA BE ANY GARAGE PRETTY MUCH BECAUSE IF YOU, IF YOU HAVE THE SITE PLAN UP, UM, IT, IT LOOKS LIKE, SO HE JUST DREW THAT ONE. I THINK THAT'S GONNA BE A CONCRETE AND THAT'S GONNA BE LIKE JUST AN EMPTY PARKING LOT FOR LIKE TRUCKS OR, I'M TRYING TO FIGURE OUT WHAT IT IS YOU'RE CONSTRUCTING IN THE SETBACK BECAUSE IT LOOKS LIKE THERE IS NOTHING GONNA BE IN THE SETBACK. SO IF YOU SEE, SO IF YOU SEE ALL THIS AREA, THIS IS GONNA BE LIKE JUST A PARKING LOT. SO YOU'RE NOT BUILDING A STRUCTURE OR ANYTHING. THE ROOM, NOTHING IS GONNA BE BUILT. DOES THIS, DOES THIS APPLICANT NEED TO BE HERE THEN? JUST TO BE SURE SIR, YOU WERE NOT PUTTING AN ADDITIONAL FIVE FEET INSIDE THAT 20 FOOT SETBACK. NOTHING IS GONNA, SO THE MAIN PURPOSE OF THE VARIANCE WAS BECAUSE OF THE GARAGE WAS RIGHT ON THIS SIDE HERE. BUT HE TOOK THE GARAGE AND PUT IT ON THIS SIDE. 'CAUSE THIS GARAGE WAS ALL THE WAY HERE. WELL THE, THE, THE APPLICATION BEFORE THIS COMMISSION IS, IS THAT YOU'RE, YOU HAVE A 20 FOOT REAR SETBACK. SO IN, IN THE VERY BACK THERE'S 20 FEET AND, AND IT LOOKS LIKE YOU'RE ATTEMPTING TO BUILD SOMETHING 15 FEET INTO IT. NO. SO WHEN THE GARAGE WAS ON THIS SIDE, THE HOUSE WAS NOT ABLE TO FIT ON THE LOT. IT WAS ENCROACHING TOWARDS THIS SIDE. OKAY. SO THAT WAS THE MAIN REASON WHY I TOLD HIM TAKE THE GARAGE OFF THERE AND PUT IT ON THE OTHER SIDE. SO, AND THEN WHEN THEY PUT THE GARAGE ON THE OTHER SIDE, THEY WERE ABLE TO TURN THE HOUSE AND MAKE IT LOOK FAIR ON THE LOT. EXACTLY. SO THEN YOU DON'T NEED TO BE HERE THEN. YEAH, I MEAN I JUST TOLD HIM, LEMME JUST APPLY FOR THE VARIANCE AND SEE. SO YOU SHOULD BE ABLE TO PLAY WITH LIKE, AND HAVE MORE ROOM. SO YOU SHOULD BE ABLE TO PUT A HOUSE EXACT. 'CAUSE I DON'T WANT TO HAVE ANY PROBLEM BECAUSE OKAY, SO YOU, YOU RIGHT NOW IT'S POSSIBLE FOR YOU TO DO IT WITHOUT TOUCHING THE SETBACK, BUT THAT'S WHAT HE TOLD ME. YEAH. BUT YOU'RE HERE BECAUSE YOU WOULD LIKE SOME LEEWAY ROOM IN CASE HE WANTS TO MAKE SOME ADJUSTMENTS. EXACTLY. OKAY. IS THERE A, IS THERE A SPECIFIC, BECAUSE RIGHT NOW YOU'RE ASKING FOR 15 FEET, SO THAT'S 75% OF THE REQUIRED SETBACK. [00:40:01] IS THERE A NUMBER THAT YOU COULD, UH, OR YOUR DESIGNER COULD LIVE WITH THAT THIS BOARD MIGHT? I MEAN, I JUST WANT LIKE, JUST A LITTLE BIT OF THIS BACK. YEAH. SO LIKE FIVE FEET, SOMETHING LIKE THAT. OKAY. UM, 'CAUSE WE CAN JUST FOR HIM TO BE ABLE TO PLAY WITH THE HOUSE AND DO EXACTLY WHAT HE WANNA DO. BECAUSE IF YOU SEE ON THIS SIDE HERE, I DIDN'T WANT THE HOUSE TO BE TOO CLOSE TO THE STREET. RIGHT. OKAY. WELL THANK YOU VERY MUCH. WE'RE GONNA SEE IF THERE'S ANYONE SIGNED UP TO SPEAK. YES. I'M THERE. IS JUAN SPEAKER? IT IS. UM, TODD WHEELER. THANK YOU ALL. IS ONE OF Y'ALL GONNA SPEAK OR BOTH ME? SHE COULD SPEAK. OKAY. UH, IF YOU COULD, UH, YOU HAVE TO TAKE THAT MIC AND DROP IT DOWN A LITTLE BIT. ARE YOU GIVING UP YOUR TIME TO HER, SIR? WE'RE MARRIED. OKAY. WELL, WE'LL SEE. WE'LL SEE HOW LONG IT, IT GOES. UH, I'M THE VIP, HE'S MY SECURITY. OKAY. PLEASE. HE'S MY HUSBAND. PLEASE STATE YOUR NAME FOR THE RECORD AND ALL RESPECT. TELL US YOUR THOUGHTS, RESPECT, COMMISSIONERS. MY NAME IS DR. ORELIA GUZMAN WHEELER. MM-HMM. . AND I HAPPEN TO LIVE RIGHT BEHIND WHERE HE WANTS TO BUILD. I'M A TEACHER AND I'M FOR CHILDREN AND I'M RETIRED. AND SINCE I, WE CHOSE TO LIVE ON THE BACK OF THE SUBDIVISION BECAUSE WE WANNA LIVE IN PEACE AND BECAUSE THERE'S NOTHING NOTHING IN BACK OF US EXCEPT THE OCCASIONAL LATELY WE HAD HOMELESS PEOPLE THAT SET THEIR TENTS THERE. AND WE HAVE HAD, UM, GANGSTERS THAT WRITE THEIR NAMES ON OUR FENCES. AND WE HAVE HAD OUR HOUSES BROKEN IN FROM THE BACK FENCES. IF THIS GENTLEMAN BILLS WHERE HE WANTS TO BUILD, OUR SUBDIVISION IS HERE. AND THEN HE WANTS TO BUILD HERE. IF YOU WANT, YOU CAN USE A LASER POINTER AND, AND BE A LITTLE MORE DESCRIPTIVE WITH. OKAY. AND WHAT ADDRESS WERE YOU AT AGAIN? OKAY. OKAY. I DON'T, I, WHERE, WHERE, WHERE DO I PUSH? OKAY. OKAY. OKAY. OKAY. OKAY. THIS IS THE TRIANGLE. MM-HMM. WHERE HE WANTS TO BUILD. SINCE I'M A TEACHER, I'M GONNA EXPLAIN TO YOU, ALL OF YOU PLAYED WITH THAT CIRCLE WHERE YOU PUT A RECTANGLES AND SQUARES ON A TRIANGLE AND IT DOESN'T FIT. OR YOU TRY TO PUT A, A SQUARE AND IT DOESN'T FIT ON A CIRCLE. WELL, THAT'S WHAT THIS GENTLEMAN PLANS TO DO. HE ATTEMPTS TO BE, TO BUILD A, A RECTANGLE, A RECTANGLE STRUCTURE ON THIS TRIANGLE. AND YOU DON'T NEED A TEACHER DOCTOR TO TELL YOU THAT IT DOESN'T FIT. WHAT, WHAT IS YOUR HAPPEN NOW? EXCUSE, EXCUSE ME. WHAT IS YOUR ADDRESS? 1334 SAN BEN FALLS. AND I'LL TELL YOU EXACTLY WHERE I, WHERE I LIVE. THE, THE, THE HOUSE IS INVOLVED. WERE 13, 14, 18, AND 22. AND I HAPPEN TO LIVE ON 1334, WHICH IS TWO HOUSES DOWN. AND I LIVE 200 YARDS, UH, AWAY FROM THAT BUILDING. AND THAT'S WHY THEY SEND ME THIS. AND WHEN THEY SEND ME THIS, I SAID THEY CANNOT BE DONE BECAUSE WE HAVE CHILDREN. WE HAVE A SCHOOL ACROSS ANSLEY. WE HAVE A SCHOOL NEXT DOOR AT, UH, A DIFFERENT SCHOOL WHERE A LOT OF CHILDREN GO. THOUSANDS ON THE, UH, ACROSS THE STREET AND ABOUT HUNDREDS ON THIS SITE, LITTLE CHILDREN. AND THIS WILL INVITE MORE BREAKING IN, MORE, UH, VIOLATION OF CRIME AND MORE, UH, UH, VACANT MORE HOMELESS SHELTERS, VILLAGES. AND I KNOW THAT THE PERSON THAT WAS AGAINST IT, I KNOW THAT WAS THE CHURCH AND IT'S MERCY CHURCH. AND THEY DON'T WANT IT THERE BECAUSE THEY'RE GONNA REBUILD. AND IT IS SO FUNNY THAT THE PEOPLE AGAINST THIS GENTLEMAN'S WEIRD, UH, STRUCTURE OR A TEACHER AND A CHURCH PASTOR, AND WE ARE AGAINST IT BECAUSE IT INVITES MORE CRIME. WE ARE, UH, BUSY FIGHTING IT ALREADY. AND WHEN THEY BOUGHT THE PROPERTY BEFORE THAT, IT BELONGED THE, ALL THE PROPERTY BELONGED TO THE BOY SCOUTS AND THEN THE MERCY CHURCH BOUGHT IT. 'CAUSE THEY WANNA DEVELOP IT AND MAKE A VERY NICE WALKWAY FOR THE WHOLE NEIGHBORHOOD. NOT JUST US, NOT JUST THE LAGO VISTA NEIGHBORHOOD FOR EVERYBODY TO GO AND HAVE A GOOD TIME, MAKE IT LIKE A PARK. [00:45:01] AND THERE'S A LAKE. IT'S LAGO VISTA AND THEY WANNA DEVELOP THE LAKE FOR THE CHURCH PEOPLE AND FOR EVERYBODY. INVITE EVERYBODY. NOW THAT IS A STRUCTURE IS GONNA BE LIKE, LIKE, LIKE RIGHT THERE ON THE WAY. AND, AND IT IS GONNA BE ON THE WAY. IT'S LIKE YOU HAVE A NICE STRUCTURE LIKE DOWNTOWN. YOU HAVE ALL THESE BEAUTIFUL BUILDINGS AND THEN THIS, DO YOU HAVE THESE UGLY STRUCTURE? THEY THEY DON'T WANNA DEMOLISH. IT'S GONNA LOOK LIKE THAT. AND THEN THE, THE GANGSTERS ARE, THEY'RE GONNA MARK THEIR TERRITORY. TRUST ME. AND THIS, LET ME REVIEW MY NOTES. I'M A GANGSTER BECAUSE OF THE GANG ACTIVITY, THE HOMELESS AND VILLAGE AND BREAKING IN MORE. AND BECAUSE WE HAVE CHILDREN ACROSS THE STREET, WE HAVE CHILDREN ACROSS THE STREET BY SAND AND SOUTH SIDE, I BELIEVE. AND THIS IS A PRIVATE SCHOOL, MR. CHAIR, POINT OF ORDER'S, MR. CHAIR. AND HE'S VERY, VERY POINT OF ORDER. POINT OF ORDER. AND, AND IT'S ALREADY VERY, UM, AND MS MS HOLD ON A SECOND. GO AHEAD. SO I'M HAVING A HARD TIME DRAWING A CONCLUSION THAT A SINGLE FAMILY RESIDENCE IS GONNA LEAD TO CRIME. I I NEED YOU TO HELP CONNECT THE DOTS FOR ME. SURE. HOW IS A SINGLE FAMILY? EVERY STATISTIC THAT I'VE READ IS THAT WHEN YOU HAVE POPULATION THAT IS IN A 24 HOUR, IT REDUCES CRIME, REDUCES, YOU KNOW, THAT, THAT HOMELESS ELEMENT. I'M JUST HAVING A VERY HARD TIME UNDERSTANDING YOUR ARGUMENT HERE. LOOK, THIS IS MY SUBDIVISION. THE ARGUMENT SPECIFICALLY OF BUILDING A LEASE. THIS IS A BUILDING. HE WANTS TO BUILD A HERE, HE WANTS TO BUILD. WELL, I'M GONNA, I'M GONNA INTERJECT ON THIS. SO HE'S ZONED TO, TO HAVE THE ABILITY TO BUILD A SINGLE FAMILY HOME. HE'S ATTEMPTING TO BUILD A SINGLE FAMILY HOME. ARE YOU, ARE YOU SAYING THAT YOU'RE AGAINST THIS BECAUSE I'M AGAINST IT. THE PROVISION OF A SINGLE FAMILY HOME IS GONNA LEAD TO MORE CRIME. IT HAS NOTHING TO DO WITH SINGLES OR COMMERCIAL. YOU JUST, YOU JUST WANNA KEEP IT VACANT. I JUST WANNA KEEP IT VACANT BECAUSE OF SAFETY. OKAY. SAFETY. THERE'S ENOUGH GOING ON THERE. IT'S, IT'S IF HE HAS THE RIGHT TO BUILD ON IT. IF YOU WANTED TO KEEP IT VACANT, DID YOU OFFER TO PURCHASE THE PROPERTY FOR NO, NO, NO, NO. OKAY. DON'T BE LIKE THAT. NO, NO. I DON'T WANNA PURCHASE THE PROPERTY. OKAY. NO, BUT THE MERCY I'D LIKE DEVELOP IT AND MAKE IT A COMMUNITY PORT OF ORDER. I'D LIKE TO, SPECIFICALLY, THE VARIANCE HE'S SEEKING IS A, LET'S SAY A FIVE FOOT VARIANCE ON THE SETBACK. SPECIFICALLY, WHAT IS YOUR ARGUMENT AGAINST A FIVE FOOT SETBACK? 'CAUSE THAT'S WHAT THE VARIANCE REQUEST IS. IT'S NOT WHETHER, BECAUSE WE'VE ESTABLISHED HE HAS THE RIGHT TO BUILD A SINGLE FAMILY HOUSE ON THAT LOT. WE HAVE PROPERTY RIGHTS AND HE HAS A RIGHT TO DEVELOP IT. WHAT IS YOUR ARGUMENT ABOUT A FIVE FOOT VARIANCE? WELL, HE CAN MAKE IT SMALLER. THANK YOU. OKAY. THANK YOU VERY MUCH. AND JUST, UH, FOR INFORMATION THERE'S A, THIS, THE EASEMENT TO THE EAST IS 16 FEET. 60 16. 16. OKAY. ALL RIGHT. THANK YOU. SO I OPPOSED IT. THANK YOU VERY MUCH, MISS REMEMBER, IT'S A, IT'S A TEACHER AND A PASTOR THAT OPPOSED THE BILL THE POST. BUT WE HAVE MORE QUESTIONS THAN ANSWERS. THAT'S ALL THE PUBLIC COMMENT. THANK YOU. UH, SIR, IF YOU CAN COME BACK. ALL RIGHT. SO YOU'VE HEARD SOME CONCERNS AS, BY THE WAY, IS THERE ANY VOICEMAILS? UH, NO OTHER PUBLIC COMMENTS? OKAY, SO YOU'VE HEARD, UH, SOME OF THE CONCERNS. UM, IS THERE ANYTHING YOU'D LIKE TO ADD TO YOUR PRESENTATION? WELL, I FEEL LIKE I HAVE THE RIGHT TO BUILD ON THE PROPERTY BECAUSE IT WAS SOLD TO ME BY A SCHOOL AND DIDN'T KNOW I'M PLANNING TO BUILD A HOUSE THERE. 'CAUSE THEY SOLD MY FAMILY. SO I HAVE NO PROBLEM WHY SHE IS LIKE GOING AGAINST ME BUILDING A HOUSE ON A LOT. OKAY. AND I'M TRYING NOT TO GO AGAINST THE STATE LAW OR LIKE THE REQUIREMENTS. THAT IS THE MAIN REASON FOR ME TO APPLY FOR THIS VARIANCE. 'CAUSE WHEN THE ARCHITECT DREW THE PLAN, HE TOLD ME LIKE, HE SHOULD BE ABLE TO MAKE THE HOUSE FILLED ON THE LOT. THAT'S WHY I WAS LIKE, ALRIGHT, GO AHEAD. SO I HAVE NO REASON WHY SHE IS OBJECTING RIGHT NOW OR BRINGING LIKE, OKAY. THANK YOU VERY MUCH. UH, WHAT WE'RE GONNA DO NOW IS, UH, WE'RE GONNA LOOK FOR, IS THERE ANY OTHER QUESTIONS BEFORE WE MOVE ON AND CLOSE THE PUBLIC HEARING CHAIR? YES. COMMISSIONER DEAN? UH, ON THE ZONING MAP IT, I SEE THAT IT'S R FIVE AND THEN, UH, UH, THE VACANT COMMERCIAL, I JUST, UH, WHICH VALUES? TRYING TO UNDERSTAND AS WELL THE R THREE. YEAH, SO THE, THE SUBJECT PROPERTIES, R FIVE, THE PROPERTY TO THE EAST IS A COMMERCIAL, BUT SINCE IT'S BEING USED BY A CHURCH THAT THEY CAN BUILD IN ANY ZONING DISTRICT. OKAY, THANK YOU. I DO WANT TO MENTION AS WELL THAT IF THAT COMMERCIAL PROPERTY IS EVER REDEVELOPED IN THE FUTURE, WHENEVER YOU HAVE A C3, A BUDDING, A SINGLE FAMILY ZONING DISTRICT, THAT COMMERCIAL PROPERTY WOULD BE REQUIRED TO PROVIDE [00:50:01] AT LEAST A 30 FOOT SETBACK AS WELL. SO IN ADDITION TO THE 16 FOOT EASEMENT, YOU'D BE LOOKING AT A 30 FOOT SETBACK, UH, IN TERMS OF SEPARATION THERE. RIGHT. ALRIGHT, SO WITH THAT, UM, LOOKING FOR A MOTION MANNA? YES. COMMISSIONER MANNA. SO JUST, UM, AND THEN REGARDING, UM, THE EAST SIDE OF THE PROPERTY IS THE, IS THE SIDE WE'RE TALKING ABOUT WITH REGARDS TO THE SETBACK, IS THAT CORRECT? UH, IT IS THE, THE SIDE OF THE, THAT'S OPPOSITE ANSLEY. SO ON THE SKETCH THAT'S, THAT'S BEING PROJECTED ON THE SCREEN, THAT'S ON THE TOP THERE. THE, THE LONG OKAY. WHICH IS A SIDE THAT'S ADJACENT OR ABUTTING THE THE CHURCH PROPERTY. CORRECT. BUTING THE CHURCH PROPERTY, RIGHT? CORRECT. IT'S DEFINED AS THE REAL PROPERTY LINE. YEAH, I JUST WANNA MAKE SURE. OKAY. SO I UNDERSTOOD IT CORRECTLY. OKAY, THANK YOU. ALL RIGHT. SO I'M LOOKING FOR A MOTION O ZUNA COMMISSIONER ZUNA, REGARDING CASE NUMBER BO EIGHT DASH 24 DASH 0 3 0 22. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A, LET'S SAY FIVE FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE 15 FEET FROM THE REAR SETBACK SITUATED AT 2, 2 4 3 ANSLEY BOULEVARD. APPLICANT BEING KENNETH ANTHONY, 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 PROVISIONS OF THE UDCS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. AND THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY MAINTAINING THE REAR STEPBACK REQUIREMENT TO PROVIDE A SAFE DISTANCE FROM THE NEIGHBORING PROPERTY. THE APPLICANTS WAS REQUESTING THE FIVE FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR BACK REAR STEPBACK TO ALLOW STRUCTURE TO BE 15 FOR THE REAR PROPERTY LINE, WHICH DOES NOT APPEAR TO BE CONTRARY TO PUBLIC INTEREST DUE TO THE UNIQUE LOCATION, IRREGULAR SHAPE IN THE PROPERTY IN THE REAR OF THE PROPERTY ABUTTING A COMMERCIAL LOT. TWO, DUE TO THE SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF FINDS AN UNNECESSARY HARDSHIP FOR THE REAR SETBACK VARIANCE DUE TO THE IRREGULAR SHAPE OF THE LOT. THE PROPOSED STRUCTURE DOES NOT HAVE AMPLE SPACE TO EXTEND TO THE SIDE, THEREFORE REQUIRING, UH, REQUIRING TO LIMITING THE DESIGN TO ACCOMMODATE THE LARGER, LARGER AREA OF SPACE OF THE LOT. THREE, BY GRANTING THE VARIANCE OF SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED REAR SETBACK VARIANCES TO ALLOW A STRUCTURE TO BE CLOSER TO THE REAR PROPERTY LINE. THE REQUEST WILL OBSERVE THE SPIRIT OF THE ORDINANCE, UH, BECAUSE THE PROP PROPOSED STRUCTURE WILL STILL MAINTAIN A REASONABLE DISTANCE BETWEEN THE STRUCTURE THE NEIGHBORING PROPERTY AND ADHERE TO ALL OTHER SETBACK REQUIREMENTS FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OF THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO OTHER USES OF THOSE ALLOWED WITHIN THIS DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. AND FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THE PROPERTY IS LOCATED. STAFF DID NOT, DID NOT FIND EVIDENCE THAT THE REQUESTED REAR SETBACK VARIANCE WOULD ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT DUE TO THE ASYMMETRICAL SHAPE AND LOCATION OF THE PROPERTY. THE REQUESTED, THE REQUEST WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. AND SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH VARI TO ITSELF IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING IN THE PROPERTY. THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS. THE DISTRICT WHICH THE PROPERTY IS LOCATED, THE REAR SETBACK VARIANCE IS SOUGHT DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS PROPOSED STRUCTURE NEEDING MORE SPACE DUE TO THE CONFIGURATION OF THE LOT. THE VARIANCE REQUEST IS NOT MERELY FINANCIAL AND OF MOTION. SECOND, WE HAVE A SECOND BY COMMISSIONER. BE COMMISSIONER OZUNA. RIGHT. SO I'M GONNA BE SUPPORTING AS YOU AS YOU, UM, READ, AS YOU HEARD FROM MY MOTION AS READ, UH, WE LIMITED THE SETBACK TO FIVE FEET. IT GIVES, UH, FIVE FOOT A LITTLE BIT MORE PLACEMENT OF THE HOUSE. UH, THE SPONSOR HERE HAS THE RIGHT TO BUILD ON THIS, THIS LOT. IT'S SINGLE FAMILY ZONED. HE HAS A RIGHT TO BUILD IT. THERE'S PROPERTY RIGHTS. UM, AND SO WHAT WE'RE TRYING TO DO IS ACCOMMODATE HIM, UH, TO BUILD FOR THE FAMILY. I DO NOT BELIEVE ANY, UM, OF THE, OF THE NEGATIVE IMPACTS OF OF THE SINGLE FAMILY RESIDENCE BEING BUILT ON THIS PROPERTY. AND I SUPPORT THE VARIANCES READ. ALRIGHT, COMMISSIONER BEESE, I TOO WILL SUPPORT THE APPLICANT. UM, REALLY WHEN WE LOOK AT IT, IF THERE'S ANY DAMAGES HAPPENING TO THOSE REAR FENCE LINES, PUTTING A HOME THERE SHOULD PREVENT THAT. THEY WON'T HAVE ACCESS TO THOSE REAR FENCE LINES ANYMORE. IF THERE'S A A PROPERTY THERE, THEY WON'T BE ABLE TO COME IN, DO THE GRAFFITI, DO THOSE THINGS ALONG, ALONG THOSE REAR FENCE LINES. SECONDLY, IF WE DON'T PUT A HOME THERE, AND LET'S SAY WE DO PUT LIKE A PUBLIC PARK THAT'S GONNA ATTEND TO ATTRACT MORE HOMELESS IN VAGRANTS, UM, BECAUSE THEY'RE ACTUALLY ALLOWED TO BE THERE IN A PUBLIC PARK IF WE WERE TO PUT SOMETHING LIKE THAT. SO FOR THOSE REASONS, I FEEL HAVING A HOME THERE IS, IS THE, UM, THE BEST THING AND I'LL BE IN SUPPORT OF THE VARIANCE. ALL RIGHT. IS THERE ANY OTHER COMMISSIONS YOU'D LIKE TO ADD? MANNA, COMMISSIONER, MANNA, UM, I'LL ALSO BE, UH, VOTING IN SUPPORT OF THIS. UM, ONE THING I THINK BY GRANTING, UM, UM, SOME ALLOWANCE FOR THE SETBACK, UH, WOULD ALLOW THE PROPERTY OR THE, THE STRUCTURED TO MOVE, UM, UM, FURTHER AWAY FROM THE SIDE PROPERTY LINE, WHICH IS A BUDDING, UM, UM, THE, THE FENCE COMMUNITY ON, ON THE, ON THE SIDE PROPERTY VERSUS THEIR BACK PROPERTY. AND SO POTENTIALLY COULD PROVIDE A LITTLE BIT MORE SPACE THERE, BUT, BUT THEY'RE WITHIN THEIR RIGHTS TO LEAVE IT WHERE IT IS. SO, BUT IT DOES GIVE 'EM THAT OPTION. SO I'LL BE VOTING IN FAVOR. ALRIGHT, ANYONE ELSE? ALL RIGHT. HEARING NOW, LET'S HAVE A ROLL CALL. VOTE PLEASE. [00:55:02] COMMISSIONER UNA? YES, I CONCUR. COMMISSIONER EZ. I CONCUR. COMMISSIONER BURSON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER BONIA? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER MANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER AVIVE. I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I ALSO CONCUR. UH, MOTION PASSES. UH, SIR, SO, UH, YOU, YOUR VARIANCE WAS APPROVED FOR FI FOR A FIVE FOOT VARIANCE. SO YOU HAVE TO STAY AT LEAST 15 FEET AWAY FROM THE BACK PROPERTY LINE. AND IF YOU HAVE ANY QUESTIONS, UH, YOU CAN GET WITH STAFF. THANK YOU. ALL RIGHT, ITEM FOUR. OKAY, ITEM FOUR BOA 24. 1 0 3 0 0 1 2 5. ADDRESS, 1 2 8 2 2 ER LANE, UH, COUNCIL DISTRICT 10, APPLICANT TAN AND, UH, NEN BROS. LLC REQUEST FOR A VARIANCE TO ALLOW TWO SEPARATE STRUCTURES ON AN R FOUR THAT IS LESS THAN ONE THIRD OF AN ACRE. AND TWO, A VARIANCE TO ALLOW A FRONT ENTRYWAY NOT ORIENTATED ON THE PRIMARY STREET. AND THE REQUIREMENT FOR OUR FRONT WALKWAY ZONING IS R FOUR. THE SUBJECT PROPERTY IS LOCATED ALONG OER LANE, UH, NORTH OF NACODOCHES ROAD, LOCATED WITHIN THE NOTIFICATION BOUNDARY OF THE NORTHERN HILLS NEIGHBORHOOD ASSOCIATION. THE PROPERTY UNDERWENT A RECENT REZONE APPROVED BY CITY COUNCIL ON FEBRUARY 15TH, 2024 FROM R FIVE TO RM FOUR. THE LOT IS CURRENTLY VACANT AND THE APPLICANT IS SEEKING TO DEVELOP IT BY CONSTRUCTING TWO STRUCTURES TO EACH TO SERVE AS DUPLEXES ON A LOT THAT IS LESS THAN ONE THIRD OF AN ACRE. ADDITIONALLY, THE STRUCTURES WILL BE ORIENTATE ORIENTATED ALONG A T-SHAPED DRIVEWAY COMING INTO THE LOT FROM THE STREET, REQUIRING A VARIANCE FROM NOTE 13 REGULATIONS ON MULTI-UNIT ENTRYWAY AND WALKWAY ORIENTATION, THE SITE PLAN AND SUBJECT PROPERTY SURROUNDING AREA. STAFF RECOMMENDATION ON MULTI-UNIT CONSTRUCTION ON AN RM FOUR LESS THAN ONE THIRD OF AN ACRE. AND FRONT ENTRYWAY AND WALKWAY VARIANCES STAFF RECOMMENDS DENIAL AND BO OA 2 4 1 0 3 0 0 1 2 5 BASED ON THE FOLLOWING FINDINGS OF FACT, CONCENTRATING THE UNITS IN A SINGLE STRUCTURE CAN PREVENT OVERCROWDING ON LOTS ONE THIRD OF AN ACRE OR SMALLER, NOT PROVIDING FRONT ENTRYWAY ORIENTATION TO THE STREET. THE PROPERTY IS ADDRESSED FROM IS OUTTA CHARACTER AND CONTRARY TO ADDRESSING REQUIREMENTS, THE REQUEST WILL ALTER THE ESSENTIAL CHARACTERISTIC OF THE DISTRICT. WE MAILED OUT 24 NOTICES IN FAVOR. ZERO. NONE IN OPPOSITION. AND THE NORTHERN HILLS NEIGHBORHOOD ASSOCIATION RESPONDED AND HAS NO OBJECTION. AND HERE'S THE NEIGHBORHOOD ASSOCIATION AND THIS CONCLUDES STAFF PRESENTATION. THANK YOU. ALL RIGHT, THANK YOU VERY MUCH. AS HAD THE APPLICANT COME FORWARD, IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. OH, HI. MY NAME TON. I TOOK THE, WE GOT, UH, APPROVED A Y WE WANTED TO BUILD TWO, YOUR TWO, TWO SEPARATE BUILDING. SO, UH, THAT WHY WE ASKING FOR, UH, YOU KNOW, BE ABLE THIS, THIS, CAN YOU PLEASE READJUST THE MIC SO WE CAN HEAR HIM? YEAH, YOU HAVE TO GET REALLY CLOSE TO THE OH YEAH. YES. UH, WE WANNA REQUEST TO BUILD SEPARATE BUILDING ON THAT, UH, THAT PROPERTY LOT. OKAY. YES. ALRIGHT. AND, UH, I'LL START OFF WITH SOME QUESTIONS. SO YOU RECENTLY WENT THROUGH A ZONING CHANGE. YES, SIR. AND THE SITE PLAN THAT WE HAVE IN OUR PACKAGE, WAS THAT THE SAME SITE PLAN THAT, UH, WAS POSSIBLY SHOWN DURING THE ZONING CHANGE REQUEST? I CAN JUST ANSWER THAT. THE SITE PLAN IS NOT MANDATORY FOR AN RM FOUR. SO, BUT IT IS USEFUL TO KNOW IF UH, PEOPLE WERE AWARE OF WHAT HE WANTED TO DO, CORRECT? YEAH, BUT IT WASN'T, IT WAS NOT. [01:00:01] OKAY. THIS IS THE FIRST ANYONE'S EVER SEEN IT IS THIS CASE? THAT IS CORRECT. OKAY. ALRIGHT. YES, I DID NOT, YEAH. AND I HAVE A QUESTION FOR, I GUESS FOR STAFF OR LEGAL. UM, SOMETIMES WHEN WE HEAR THESE, THESE UH, APPLICATIONS. SO SOMEONE'S ASKING TO DO TWO SEPARATE UNITS WHERE HE CAN DO FOUR, BUT HIS SITE PLAN IS SHOWING, UH, MULTIPLE PARKING SPACES. UM, AND YOU KNOW, THAT'S SOMETHING THAT, UH, I KNOW IS, CAN BE, UH, A SWAYING FACTOR, UH, TO SOME COMMISSIONERS, LIKE FOR INSTANCE, MYSELF. UH, IS THERE, IS THERE A WAY TO TIE ANY APPROVAL TO THE SITE PLAN AT ALL? SO HE'S SHOWING EIGHT, OBVIOUSLY HE NEEDS TO HAVE SIX. UM, IT'S NOT PART OF THE VARIANCE, SO IT'S NOTHING THAT WE CAN HOLD HIM TO. HE'S SHOWING THAT HE'S GONNA PUT EIGHT, BUT ESSENTIALLY, UM, IF YOU APPROVE THIS, HE WOULD ONLY HAVE TO PUT, UH, THE SIX REQUIRED. OKAY. I'M, I'M, I'M JUST CURIOUS IF, IF, UM, IF THERE'S A WAY, LIKE IF WE MAKE A MOTION TO SAY IT'S BASED ON THE SITE PLAN, UH, THE MOTION CAN BE SOMEHOW TIED TO IT. IS THERE ANY WAY TO INTRODUCE THE SITE PLAN? YEAH, IT WOULD NOT BE ABLE TO HAVE A MOTION. 'CAUSE THAT WOULD EFFECTIVELY BE CONDITIONING A VARIANCE, WHICH WE CANNOT DO. OKAY. I'M JUST PUTTING THAT UP. I MIGHT WANT TO ADD TOO, THAT THE ORIGINALLY HAD PARKING ALL ALONG THE FRONT TOO, AND WE ASKED HIM TO BRING IT DOWN, UM, BECAUSE OF IMPERVIOUS COVER. UM, SO HE ORIGINALLY WANTED TO MAX OUT THE PARKING JUST FOR THE RECORD. OKAY. AND DO YOU, DO YOU HAVE, UM, HAVE YOU TALKED TO THE NEIGHBORS? IS THERE ANY COMMUNICATION WITH, WITH ANYONE AROUND YOU? I KNOW THAT YOU WENT THROUGH THE NEIGHBORS ASSOCIATION, BUT HAVE YOU TALKED TO THE NEXT DOOR NEIGHBORS? WE HAVEN'T TALKED TO THEM YET. AND THEN, UM, UH, UH, ACTUALLY BECAUSE NECTAR I WILL ORDER DULET RIGHT NOW. THEY, UH, IF YOU LOOKING ON THE TREE ONLY, MOSTLY THEY BUILD DULET AND THEN NEXT ONE TO COUPLE HOUSE DOWN LOW LIKE APARTMENT, SO. OKAY. YEAH. IS THERE ANY, UH, QUESTIONS FROM THE COMMISSION FOR THIS APPLICANT? UH, MR. BONNI? YEP. WHEN YOU FIRST DECIDED TO DO THIS, WHY DID YOU CHOOSE RM FOUR AS THE ZONING SIR? UH, YES. UH, WE FIRST, WHEN WE TRY TO BUILD A, THE I FOUR BECAUSE, UH, WHEN WE SEPARATE THE, THE LOCK IT BE LONGER AND THEN WE CAN PUT THE SIDE WHERE, MAKE A MORE ROOM FOR THE 10 FOR PEOPLE LIVING THERE, GO INTO MORE SAFETY BECAUSE WE, WE ON THE FRONT AND THEN KIND LIKE LITTLE BIT NARROW, SO THAT WHY WE TRY TO GO ON THE SIDEWAY EYE SHAPE. AND THEN ON THE SIDEWAY, NOT THE FRONT WAY ON THE EARLY, FROM, FROM THE BEGINNING. DID YOU KNOW THESE WERE GONNA BE DETACHED? UH, WE THINK ABOUT THAT AND THEN, UH, WHEN WE COME BACK, UH, TO THE ARCHITECT TO RUN THE PLANT AND WE, UH, JUG THEM BACK AND FORTH AND WE SAY, UH, BIG WAY BE BETTER FOR THE TENANT WHEN THEY, YOU KNOW, THEY IN AND OUT TRAFFIC. SO THAT WAY WE DECIDE TO DO THAT AND THEN WE, WE TRY TO COUPLE DRAWING SAMPLE, WE LOOK AND WE SAY, DICK WANT BETTER WAY TO LOOK MORE S YES, SIR. THANK YOU. ALRIGHT. ALRIGHT, COMMISSIONER MANNA. SO, UM, SO I'M LOOKING AT THE PLANS AND IT LOOKS LIKE THIS IS, UH, THE PLANS ARE TO HAVE TWO DUPLEXES ON THIS PROPERTY FOR A TOTAL OF FOUR FAMILIES ON THIS R FOUR LOT. IS THAT CORRECT? YES, SIR. OKAY. AND SO, SO, UM, IF THIS WAS, UM, YOU KNOW, SO LOOKING AT THE R FOUR WITH THE WHOLE, I GUESS FROM THE, UH, THIS FOR STAFF, SO, SO THEIR CURRENT POSITION IS, IS TO, UH, IS IS NOT APPROVAL. AND SO IF IT WAS AN RM FOUR THAT WAS JUST GONNA HAVE TWO STRUCTURES WITH ONLY TWO DWELLINGS, UM, UM, WOULD THAT HAVE MADE A DIFFERENCE FROM YOUR POSITION OR, UM, IS IT SIMPLY BECAUSE THERE'S TWO STRUCTURES ON THIS PROPERTY? UM, SO STAFF HAS, UM, BEEN CONSISTENT WITH THIS NEW, UH, UPDATE. UM, WE'VE ALWAYS SEEN IT, UNLESS WE SEE AN AREA THAT IS DEVELOPED VERY, VERY DENSELY IN THIS CONFIGURATION, WE'VE ALWAYS RECOMMENDED DENIAL. I DON'T BELIEVE WE'VE EVER RECOMMENDED APPROVAL FOR THIS NEW RULE. SO, YOU KNOW, I GUESS ONE QUESTION HERE FOR THE APPLICANT THEN IS, YOU KNOW, UM, YOU KNOW, THIS DOES APPEAR PRETTY DENSE WITH REGARDS TO PUTTING FOUR, FOUR FAMILIES ON THE SINGLE LOT. AND SO, UM, AND, AND I DON'T KNOW IF I'VE EVER SEEN THAT DENSE ON THIS TYPE OF REQUEST BEFORE. AND SO THE QUESTION I GUESS I WOULD HAVE, UM, IS, IS THERE, UM, AN ISSUE WITH, WITH HAVING ONLY TWO ON THIS LOT VERSUS HAVING FOUR? ARE YOU ASKING FOR [01:05:01] TWO UNITS, SIR? YES. TWO, WELL, TWO UNITS, BUT ONLY, UM, EACH UNIT BEING A SINGLE DWELL OR A SINGLE, UM, SINGLE FAMILY UNIT. SO TWO SINGLE FAMILY UNITS VERSUS TWO DUPLEXES. YEAH, WE CAN'T RESTRICT, YEAH, WE CAN'T RESTRICT THAT. YEAH. THE, THE ISSUE BEFORE THE BOARD TODAY IS REALLY THE CONFIGURATION AND DESIGN OF THE STRUCTURE. THE ZONING ALREADY PERMITS THE DENSITY, SO THE, THE BOARD WOULD NOT BE ABLE TO ENTERTAIN LIMITING THE DEVELOPMENT ON SITE FROM FOUR TO TWO. THEY WOULD BE ABLE TO ENTERTAIN THE CONFIGURATION THOSE FOUR UNITS TAKE. THANK YOU FOR THAT CLARIFICATION. BON COMMISSIONER BEEZ, SO RM FOUR, SO IF THESE WERE ATTACHED, IT WOULD BE OKAY TO HAVE THE FOUR, RIGHT? MM-HMM, . OKAY. SO THE ISSUE IS THAT THEY'RE DETACHED, CORRECT? RIGHT. OKAY. AND CAN A, COULD A MOTION BY THE COMMISSION AT LEAST LIMIT IT TO TWO SEPARATE STRUCTURES AND AS OPPOSED TO FOUR DIFFERENT STRUCTURES? CORRECT. WE CAN DO THAT. OKAY. YES. ALL RIGHT. SO, UM, ANY OTHER QUESTIONS? ANYONE SIGN UP TO SPEAK? ANY VOICEMAILS? NO PUBLIC COMMENT. OKAY. UM, WHAT WE'RE GONNA DO IS, UH, LOOK FOR A MOTION TO DELIBERATE AND WE'LL SEE HOW THIS TURNS OUT. THANK ISHA. THANK YOU. THANK YOU. I'M LOOKING FOR A MOTION. EZ COMMISSIONER UNI. OKAY, REGARDING CASE NUMBER BO 8 2 4 1 0 3 0 0 1 2 5. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE, A VARIANCE TO ALLOW TWO SEPARATE STRUCTURES ON A RM FOUR THAT IS LESS THAN ONE THIRD OF AN ACRE. AND TWO, A VARIANCE TO ALLOW A FRONT ENTRYWAY NOT ORIENTED ON THE PRIMARY STREET, AND THE REQUIREMENT FOR A FRONT WALKWAY SITUATED AT 1 2 8 2 2, UH, YOUR LANE, APPLICANT BEING TOM AND WYNN BROTHERS, LLC. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. IF GRANTED THE REQUEST, THE REQUEST WILL NOT BE CONTRARY TO THE PUBLIC INTEREST AS ADEQUATE SPACING EXISTS ON THE LOT TO PERMIT TWO STRUCTURES, AND THE FRONT ENTRYWAY WILL BE ON THE SIDE, WHICH WILL NOT IMPACT THE COMMUNITY FEEL OF THE NEIGHBORHOOD. TWO, DUE TO SPECIAL UH, CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE OR ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD BE CONSTRAINED TO FIT THE PERMITTED FOUR DWELLING UNITS INTO SINGLE STRUCTURE, AS WELL AS MODIFYING EXISTING ARCHITECTURAL PLANS TO CREATE A FRONT ENTRYWAY AND WALKWAY. STAFF HAS FOUND THAT SURROUNDING PROPERTIES WHERE DENSITY IS GREATER THAN ONE TWO DWELLING UNITS PER STRUCTURE IS COMMON IN THE NEIGHBORHOOD. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. STAFF FINDS THE SPIRIT WILL BE OBSERVED AS SURROUNDING PROPERTIES FEATURING TWO DWELLING UNITS PER STRUCTURE, AND ALLOWING TWO STRUCTURES IN THE LOT WILL BE CONSISTENT WITH THE USAGE OF DUPLEXES IN THE NEIGHBORHOOD. FURTHERMORE, IT IS FOUND THAT THE, THE PROPOSED STRUCTURES WITHOUT A FRONT ORIENTED ENTRYWAY OR WALKWAY WILL NOT GO AGAINST THE SPIRIT OVER THE ORDINANCE AS ALL OTHER BUILDING REGULATIONS WILL BE FOLLOWED. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE RM FOUR ZONE LOT WILL BE, WILL BE ALLOWED TO CONTAIN TWO SEPARATE STRUCTURES ON A LOT THAT IS LESS THAN ONE THIRD OF AN ACRE, WHICH WILL NOT INTERFERE WITH THE DEVELOPMENT PATTERN OF THE NEIGHBORHOOD. AND THE FRONT ENTRY WILL BE ON THE SIDE, WHICH WILL NOT IMPACT THE COMMUNITY FEEL OF THE NEIGHBORHOOD. THE REQUEST WILL NOT INJURE THE ADJACENT USE OF CONFORMING PROPERTIES AND WILL NOT ALTER THE ESSENTIAL CHARACTERISTIC OF THE DISTRICT. SIX. THE PLIGHT OF THE HO THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE SALT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE, THE SHAPE AND SIZE OF THE LOT. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL. UM, SO I'M GONNA BE IN SUPPORT OF THIS. HOLD [01:10:01] ON. UM, WE NEED A, IS THERE A SECOND? NO, . SECOND. SECOND BY COMMISSIONER BENAVIDEZ. COMMISSIONER EZ JUMPING THE GUN THERE. UH, SO I, I WILL BE IN SUPPORT OF THIS, UM, BE IN SUPPORT OF THIS FOR A FEW REASONS. UM, ONE, WE'RE BEING, WE'RE ABLE TO PUT FOUR FAMILIES IN IN A HOME HERE. UM, THIS LOT WAS VACANT BEFOREHAND. WE ARE ABLE TO PUT FOUR IN FOUR FAMILIES ON THIS LOT. THE, THE ISSUE BEING THAT THEY'RE JUST NOT ATTACHED, RIGHT? SO WHY ARE WE GONNA LIMIT FOUR FAMILIES BEING PUT INTO A HOME JUST BECAUSE THERE'S AN ATTACHMENT ISSUE. UM, IF THESE PROPERTIES WERE ATTACHED SOMEWHERE, WE WOULDN'T BE HERE, SO I'LL BE IN FAVOR OF IT FOR THAT. UM, SECONDLY, I'LL BE IN FAVOR OF THIS, UM, BECAUSE, YOU KNOW, IT, IT SEEMED LIKE HE TRIED TO DO THE RIGHT THING BY DOING THE REZONING. HE JUST DIDN'T HAVE HIS, YOU KNOW, HE DIDN'T HAVE IT SET BEFOREHAND, BUT THE INTENTION WAS TO PUT FOUR UNITS HERE. THAT'S WHAT HE WAS THINKING THE WHOLE TIME. THAT'S WHAT HE HAS HERE. SO I'LL BE IN SUPPORT OF THIS. ALL RIGHT, COMMISSIONER BEES. I AGREE WITH MY, MY COLLEAGUE. I'M JUST, UM, CONCERNED THAT, UM, THAT IT'S, IT DOESN'T FIT IN THE, IN THE NEIGHBORHOOD. I KNOW THERE'S APARTMENTS DOWN THAT STREET, BUT, UM, ON, ON HER. BUT, UM, I'M GONNA AGREE WITH MY, MY COLLEAGUE. I, THAT AREA CERTAINLY NEEDS HOUSING, SO, UM, I WILL SUPPORT THE, ALL RIGHT, THANK YOU. ANY OTHER COMMISSIONERS LIKE TO ADD? OH, ZUNA COMMISSIONER ZUNA, I'M GONNA SUPPORT THE MOTION AS READ. I MEAN, HE HAS THE, THE RIGHT TO HAVE THE DENSITY BY, RIGHT. UH, THERE'S NO OPPOSITION FROM ANY OF THE SURROUNDING PROPERTY OWNERS. UH, THERE'S NO OPPOSITION ACTUALLY SUPPORT FROM THE PRESIDENT, UH, OR FROM THE HOMEOWNERS, UH, IN NORTHERN HILLS, HOA. AND AGAIN, THE ONLY REASON WE'RE HERE IS BECAUSE THE UNITS ARE NOT CONNECTED, AND I THINK THAT, YOU KNOW, IS, IS, UM, UH, A DESIGN FEATURE, NOT REALLY A DENSITY OR ISSUE OTHERWISE, SO SUPPORTING IT. ALL RIGHT, ANYONE ELSE? UH, I'M GONNA CHIME IN THAT I'LL BE IN SUPPORT FOR A COUPLE REASONS. UH, ANYTIME YOU HAVE A LONGER RECTANGULAR STYLE LOT, THAT'S RM FOUR. BECAUSE OF THE, THE PHYSICAL REQUIREMENTS FOR THE SIZE OF THE DRIVE FOR A CAR TO BE ABLE TO GET INTO A GARAGE OR TO BARK, UH, BY SEPARATING THE UNITS AND HAVING THE APPLICANT COMPLY WITH ALL THE SETBACKS, HE'S BASICALLY CREATING, UH, UH, MORE GREEN SPACE AND THAT WOULD OTHERWISE BE PROVIDED. SO FOR THAT REASON, UH, IN THIS STYLE OF CONSTRUCTION I'D, I'LL BE IN SUPPORT, UH, JUST FOR TWO BUILDINGS, MAYBE NOT FOR FOUR DIFFERENT ONES, BUT DEFINITELY FOR TWO. ALL RIGHT, LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER EZ. I'M SORRY. COMM. YES. COMMISSIONER EZ. I CONCUR. COMMISSIONER BEEZ? I CONCUR. COMMISSIONER BURTON? I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER BONNI? I CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER ZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 10 TO ONE. UH, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. ALL RIGHT, NEXT ITEM PLEASE. ITEM FIVE. OKAY, ITEM NUMBER FIVE IS BO OA DASH 24 DASH 1 0 3 0 0 1 2 6. ADDRESS BEING 60 22 SUNRISE BEND DRIVE COUNCIL DISTRICT TWO APPLICANT IS RYAN. STAN. UM, A REQUEST FOR A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE ONE INCH FROM THE FRONT SETBACK. AND, UM, TWO, A FIVE FOOT SIX INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION TO ALLOW A NINE FOOT SIX INCH DRIVEWAY CLEAR VISION ZONING IS R FOUR. SUBJECT PROPERTY IS LOCATED WITHIN I 10 EAST CORRIDOR, EAST OF NORTHEAST INTERSTATE FOUR 10 LOOP WITHIN THE SUNRISE NEIGHBORHOOD SITUATED BETWEEN OLD SINE ROAD AND BENS ENGLEMAN ROAD ON SUNRISE BEND DRIVE ON MAY 14TH, 2024. DURING AN ONSITE INSPECTION FOR THE RESIDENTIAL IMPROVEMENT PERMIT, THE APPLICANT ALSO BEING THE PROPERTY OWNER WAS INFORMED THAT THE PERMITS HAVE NOT BEEN OBTAINED FOR THE EXISTING FENCE AND CARPORT ON THE PROPERTY. ACCORDING TO THE PROPERTY OWNER THE PURCHASE, THEY PURCHASED THE PROPERTY IN MARCH 29TH, 2024 AND WERE UNAWARE THAT THE ADDITIONS MADE BY THE PREVIOUS OWNER WERE NONCOMPLIANT. HISTORICAL IMAGES OF THE PROPERTY SUGGEST THAT THE CARPORT AND FENCE WERE CONSTRUCTED BETWEEN FEBRUARY OF 2022 THROUGH MARCH OF 2024. THE PROPERTY OWNER IS REQUESTING A NINE FOOT, UH, 11 INCH FRONT SETBACK VARIANCE TO ALLOW THE ATTACHED CARPORT TO BE ONE INCH FROM THE FRONT SETBACK, AS WELL AS A FIVE FOOT SIX INCH DRIVEWAY. CLEAR VISION VARIANCE [01:15:01] TO ALLOW A NINE FOOT SIX INCH CLEAR VISION FOR THE FRONT YARD FENCE EXISTING ON THE PROPERTY. STAFF OBSERVED DURING SITE VISITS NUMEROUS COU CARPORTS WITHIN, UH, WITH SIMILAR FRONT SETBACK, UH, BUILDS OVER THE LAST 10 YEARS IN THE AREA. AND PERMITS ARE PENDING DECISION. THE BOARD OF THE ADJUSTMENT ADJUSTMENT. THIS IS A SITE PLAN AND AERIAL VIEW OF THE PROPERTY. SUBJECT PROPERTY HISTORICAL VIEW. THIS IS A PHOTO FROM 2022 PRIOR TO CARPORT AND FENCE SUBJECT PROPERTY. AND THIS IS THE ATTACHED CARPORT, UH, WITH THE WIDTH WEST VIEW OF THE PROPERTY AND EAST VIEW, AND THE MEASUREMENTS OF THE CLEAR VISION VIEW ACROSS FROM SUBJECT PROPERTY IN THE SURROUNDING AREA. EAST VIEW OF, UH, SUNRISE, BEND DRIVE, WESTVIEW. AND THEN THESE ARE PHOTOS OF THE SURROUNDING AREA AND SIMILAR PROPERTIES STAFF'S RECOMMENDATION FOR THE FRONT SETBACK VARIANCE STAFF RECOMMEND RECOMMENDS DENIAL IN BO OA DASH 24 DASH 0 3 26 BASED ON THE FOLLOWING FINDINGS OF FACT. ONE, THE FRONT DRIVEWAY DOES NOT ALLOW ROOM FOR A CARPORT. TWO, THE CARPORT WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THE CARPORT DOES NOT LEAVE A SUFFICIENT ROOM FOR THE PUBLIC RIGHT OF WAY. STAFF'S RECOMMENDATION FOR THE DRIVEWAY CLEAR VISION VARIANCE THAT RECOMMENDS APPROVAL, UH, A REDUCED OR THE REDUCED DRIVEWAY CLEAR VISION, UH, VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THE PROPERTY IS LOCATED AS SIM AS SIMILAR PROPERTY SH COULD BE SEEN IN THE AREA. THE FENCE LOCATION LEAVES SIGNIFICANT SUFFICIENT ROOM FOR THE PUBLIC RIGHT OF WAY AND SAFETY BACK INTO THE RESIDUAL. UH, RESIDENTIAL STREET STAFF. MAIL 41 NOTICES ZERO IN FAVOR, ZERO IN OPPOSITION, AND IS NOT LOCATED WITHIN THE BOUNDARIES OF A REGISTERED NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF'S PRESENTATION. APPLICANT IS AVAILABLE FOR QUESTIONS. ALL RIGHT, THANK YOU VERY MUCH. THE APPLICANT, COME FORWARD PLEASE. ALL RIGHT. UH, STATE YOUR NAME, TELL US ABOUT YOUR PROJECT. UH, HI Y'ALL. UH, MY NAME IS RYAN STAN AND I OWN 6 0 2 2 SUNRISE BEND DRIVE. UH, FIRST I JUST WANNA SAY THANK Y'ALL FOR GIVING ME THIS OPPORTUNITY TO COME UP HERE AND, UH, SPEAK MY CASE. UH, TO GIVE YOU BACKGROUND ON THIS HOUSE, UM, I BOUGHT THIS HOUSE BACK LATE MARCH, EARLY APRIL. THIS IS MY FIRST INVESTMENT PROPERTY. I HAVEN'T DONE THIS BEFORE, HOWEVER, IT'S, UM, I'M WORKING WITH A REAL ESTATE GROUP COMMUNITY TO HELP GIVE ME GUIDANCE AND RESOURCES TO MAKE SURE THAT I DO EVERYTHING PROPERLY ACCORDING BY THE BOOK IN THE RIGHT WAY. UM, I DON'T LIVE IN SAN ANTONIO. THIS IS MY FIRST HOUSE. I LIVE IN NEW BRAUNFELS ACTUALLY. UH, WHEN I FIRST GOT THIS HOUSE, IT NEEDED A GOOD AMOUNT OF WORK DONE TO IT. IT'S, UM, AND THE WHOLE GOAL WAS TO MAKE SURE EVERYTHING WAS PERMITTED APPROPRIATELY. THE, UH, HAD TO GET THE FOUNDATION FIXED. AND SO GOT PERMITS, GOT THE FOUNDATION FIXED AND ENDED UP BREAKING THE SEWER LINE. WENT TO GO DO THAT. I ACTUALLY ENDED UP FINDING OUT THERE'S A BELLY IN IT AND GOT THE WHOLE SEWER REPLACED. THAT'S WHY IT'S ALL MUD ON THE LEFT SIDE. 'CAUSE IT GOT DUG UP, UH, INSIDE THE HOUSE. IT'S, UH, WAS A FULL FACELIFT. THIS HOUSE WAS JUST AN EYESORE PRIOR, UM, IN RENOVATING THE INSIDE OF THE HOUSE AND THE HOUSE GOT INSPECTED, THERE WAS A, THE INSPECTOR ACTUALLY SAID, HEY, YOU SHOULDN'T HAVE A FUSE BOX INSIDE YOUR CLOSET. IT, YOU'RE, SINCE IT'S ALREADY THERE, YOU'RE GRANDFATHERED. YOU'RE NOT TOUCHING IT, YOU'RE GOOD. BUT IF YOU WANNA MOVE TO A CLOSET OUTSIDE OF IT, IT'LL MAKE IT SAFER. AND I, THE GOAL IS TO MAKE THIS A SAFE PROPERTY FOR WHOEVER'S LIVING IN HERE. SO I HAD MY CONTRACTOR READDRESS THE FRAMING OF THE GR UH, CLOSET SO THAT IT WOULD BE OUTSIDE. UH, WHEN THE INSPECTOR CAME OUT TO GO AND CHECK ON THIS CLOSET, HE NOTICED THAT THE CARPORT LOOKED NEWISH AND LIKE COOL, NEWISH AND, AND YEAH. AND HE BROUGHT IT TO MY CONTRACTOR. MY CONTRACTOR'S LIKE, I DON'T KNOW, LIKE I HAVEN'T TOUCHED THAT. IT WAS PRIOR TO THIS HOUSE BEING LIKE, BOUGHT, WE HAVE NOTHING TO DO WITH IT. AND THAT'S WHEN THE INSPECTOR PRETTY MUCH CAME OUT AND SAID THAT HE WAS GONNA HOLD UP ALL MY PERMITS BECAUSE OF IT. HE WAS GONNA TIE TO IT THAT THE CARPORT NEEDED TO BE ON IT. AND, AND SO IT KIND OF FREAKED OUT MY CONTRACTOR, BUT WENT THROUGH AND I TRIED TO FIGURE OUT HOW TO SOLVE THIS. UH, I IMMEDIATELY GOT AN ENGINEER TO COME OUT AND LOOK AT THIS CARPORT, AND HE'S LIKE, THIS IS SAFE, HURRICANE TIE DOWNS. EVERYTHING'S ALL GOOD. WHAT I NEED TO DO IS GET A PERMIT TO BUILD A CARPORT THAT ALREADY EXISTS. SO I GO AND I'M LIKE, ALL RIGHT, I'LL GET A PERMIT. HE'LL [01:20:01] DO THE ENGINEERING REPORT AND DO IT. AND THAT'S WHERE THE ZONING THING CAME INTO PLACE TO WHERE THEY DIDN'T ACCEPT THE PERMIT BECAUSE IT WASN'T BUILT APPROPRIATELY, EVEN THOUGH THERE'S DOZENS OF HOUSES IN THE AREA THAT ARE IDENTICAL TO WHAT THIS IS. I, UH, SINCE THIS BEING MY FIRST ONE AND I'M TRYING MY BEST TO DO IT RIGHT, AND THAT'S WHY I WENT TO THIS COMMUNITY AND TO MAKE SURE I DO EVERYTHING BY THE BOOK. AND I GOT INVOLVED WITH THIS COMMUNITY BECAUSE IT KIND OF, IT LINES UP WITH MY PASSIONS AND CARING FOR THE COMMUNITY. I GREW UP IN NEW ORLEANS AND I ALWAYS WANTED TO BETTER MY COMMUNITY AND MY SURROUNDING COMMUNITIES. AND I'M ON, UH, CHARITY IN NEW BRAUNFELS FOR HOMELESSNESS. THEIR WHOLE MO IS TO PROVIDING RESOURCES TO GO TO THESE ROUGH HOUSES IN AREA AND BRING THEM BACK AND THEN TURN, RENOVATE THEM AND THEN RENT THEM OUT BUILDING IT UP. RIGHT NOW, THIS HOUSE, THIS CONSTRUCTION WAS, EVERYTHING WAS SUPPOSED TO BE DONE A MONTH AND A HALF AGO, TWO MONTHS AGO TO GO AND DISMANTLE IT. IT'S A, I GOT A BABY ON THE WAY IN A COUPLE MONTHS AND I'M NOW MAKING EVEN MORE TRIPS DOWN THERE TRYING TO GET IT. I'D HAVE TO FIND A CONTRACTOR. I'D HAVE TO SPEND TIME TO GO AND DO THAT, AND IT'LL BE HARD. IN ADDITION TO THAT, I WAS ABLE TO SUCCESSFULLY GET THIS HOUSE RENTED OUT TO A YOUNG FAMILY. THEY'RE IN THEIR EARLY TWENTIES AND THEY HAVE A SIX MONTH OLD BABY. THEY'RE LIVING IN MY HOUSE BECAUSE THEY WANT TO BE CLOSER TO FAMILY. AND THIS IS THE ONLY HOUSE IN THE NEIGHBORHOOD THAT WAS WITHIN THEIR PRICE RANGE THAT ACTUALLY WAS RENOVATED PROPERLY AND IT MADE 'EM FEEL SAFE AND COMFORTABLE. OKAY. UH, I'M GONNA START OFF WITH SOME QUESTIONS FOR YOU. YES, SIR. GO RIGHT AHEAD. OKAY. SO, YOU KNOW WE'RE HERE ABOUT THE CLEAR VISION AND THE CARPORT. YES. UH, SO 1, 1, 1 THING I'VE NOTICED IS, IS, UH, SO YOU HAVE A, THIS IS A STANDARD STREET. IT'S A 50 FOOT RIGHT OF WAY. SO FROM THE FACE OF CURB YES, SIR. TO THE PROPERTY LINE. SHOULD BE ABOUT 10 FEET. YES, SIR. UH, SO YOU GOT A FOUR FOOT SIDEWALK, SO YOUR FENCE AND YOUR CARPORT ARE STILL SIX FEET AWAY FROM THE SIDEWALK AWAY FROM POTENTIAL PEDESTRIANS MOVING BACK AND FORTH. IS THAT, IS THAT TRUE? THE, THE FENCE IS, YES. OKAY. AND THEN HOW DEEP FROM THE FACE OF, FROM THAT DOOR THAT'S IN THE FRONT, HOW, WHAT'S THE DISTANCE APPROXIMATELY FROM THAT DOOR TO THE, THE FENCE LINE OR THE EDGE OF CARPORT? IS IT, I WANNA SAY 20 FEET? 20 I, OKAY. I I WANNA SAY 20. I THINK, WELL, ONE OF THE, ONE OF THE, SEE, ONE OF THE, IT CAN FIT MY TRUCK. THE ITEM THAT'S BEFORE US IS THAT YOU'RE ASKING TO GO UP TO ONE INCH TO THE PROPERTY LINE. AND, AND A LOT OF THAT HAS TO DO WITH, UM, YOU KNOW, WHAT IS THE, THE HARDSHIP, WHAT IS THE NEED? AND SO, YOU KNOW WHAT, WHAT, WHAT'S IMPORTANT TO ME, FOR EXAMPLE, IS COULD A TYPICAL VEHICLE FIT THERE OR IS IT TOO LONG? IS IT LONGER THAN A TYPICAL VEHICLE SO THAT THERE'S SOME PLAYROOM REGARDING THE EDGE OF THE CARPORT? THAT'S, THAT'S THE KIND OF QUITE LINE, THAT'S WHERE MY LINE OF QUESTIONING IS GOING. SO LIKE, COULD IT BE SHRUNK? WELL, I MEAN, 20 FEET, THAT'S GREAT. EVEN 21 FEET IS FINE, BUT IF IT WAS LIKE 25 OR 26 OR 27 FEET, THERE'S SOME ROOM TO, TO SCOOT THAT BACK. SO THAT'S WHY I'M ASKING AN APPROXIMATE DISTANCE FROM, YEAH, IT'S ABOUT 20 FEET. I HAVE A, A, A STANDARD PICKUP TRUCK AND UH, IF I PULL IT UP AGAINST THE HOUSE, IT, EVERYTHING JUST GOES AND FITS. ALRIGHT. THAT'S WHAT, THAT WAS WHAT I WANTED TO KNOW. UH, IS THERE ANY QUESTIONS FROM THE COMMISSION FOR THIS APPLICANT? ALL RIGHT. HEARING NONE. UH, ONE SECOND. IS, UH, ANYONE SIGN UP TO SPEAK OR ANY VOICEMAILS? NO PUBLIC COMMENT. ALL RIGHT. SO PLEASE CONTINUE. UH, THE LAST, THE LAST TIME I WAS JUST GONNA SAY IS, UH, THE MOTHER WHO, UH, IS NOW LIVING IN THE HOUSE, SHE'S TAKING CARE OF THE BABY FULL-TIME AND WORKS FULL-TIME, AND SHE'S GONNA BE WORKING IN THAT VERY FRONT ROOM RIGHT THERE. OKAY. AND SO THAT WOULD BE CONSTRUCTION RIGHT OUTSIDE THEIR DOOR. AND THAT'S WHY I'M REQUESTING THIS VARIANCE BECAUSE IT'S, WELL, IT, IT'LL BE HARD AND TOUGH. GET RID OF IT. WELL, BUT IT'S, UH, IT'S AN EXISTING STRUCTURE THAT I TRIED TO MAKE SURE EVERYTHING IS SAFE ON. I JUST WANNA LEAVE IT AS IS. ALRIGHT, THANK YOU VERY MUCH. UM, LOOKING FOR A MOTION THEN. I, I JUST HAD A QUICK QUESTION FOR STAFF BON YES. COMMISSIONER BEEZ. UH, IN THE CASE SUMMARY, YOU GUYS STATED THAT YOU SAW SEVERAL HOMES WITH THE SAME TYPE OF CARPORT, CORRECT? UH, THERE'S PLENTY, UH, THERE WAS NUMEROUS ONES THAT WERE BUILT, UH, BELIEVE OVER 10 YEARS OLD, BUT WE DID NOT FIND ANY APPROVED VARIANCES. WE SUSPECT IT WAS PROBABLY DONE A LONG TIME AGO. THIS ONE AND ANOTHER ONE WERE BUILT IN THE LAST, I THINK FIVE YEARS, IF I REMEMBER CORRECTLY. OBJECTION. WHAT ABOUT FENCES TOO? I THINK I'VE SEEN SOME IN THE, THE MAPS THAT SHOW FENCES RIGHT UP VERY SIMILAR TO KIND OF WHAT HE HAS, RIGHT? THIS IS, THIS IS THE STANDARD, UH, FENCE LINE IN THE AREA. UM, AGAIN, WE SUSPECT THAT THE FENCES WERE DONE, UH, A WHILE AGO. UM, AND NO VARIANCES WERE FOUND FOR, UH, CLEAR, UH, DRIVEWAY CLEAR VISIONS EITHER. OKAY. THANK YOU. I HAD ONE QUESTION FOR COMMISSIONER ZUNA, UH, REGARDING THE, UH, THE PERMITS THAT ARE BEING HELD UP, RIGHT. WOULD THE, WOULD THE PERMIT REVIEW ALSO REVIEW THE EXISTING CARPORT TO MAKE [01:25:01] SURE IT COMPLIES WITH, UH, ANY AND ALL, UH, BUILDING CODE? CORRECT. SO THAT WOULD BE PART OF THE REVIEW FOR HIM? CORRECT. THE ONLY THING THAT THEY WOULD, UH, BYPASS IF APPROVED WOULD BE THE FRONT SETBACK. OKAY. THANK YOU. MANNA COMMISSIONER MANNA. SO ONE OF THE THINGS THAT WE HAVE LOOKED AT IN THE PAST IS, YOU KNOW, MOVING POSTS BACK A LITTLE BIT, AND AS I DRIVE DOWN THE NEIGHBORHOOD, IT DOES LOOK LIKE THERE ARE SOME, UH, PORTS WHERE THE POSTS ARE ON THE LINE AND A COUPLE WHERE THEY'RE BACK. UM, IF, YOU KNOW, UM, SO QUESTION FOR THE APPLICANT IS, UM, YOU KNOW, DO YOU HAVE THE ABILITY TO MOVE THE POST BACK AT ANY DISTANCE AT ALL? UM, SO THAT IT ISN'T AT THAT, THAT LINE, UM, YOU KNOW, RIGHT AT THAT PROPERTY LINE. SO SOMETIMES I GUESS WE MEASURE, WE MEASURE SOME THINGS AT THE POST AND WE MEASURE SOME THINGS AT THE OVERHANG. AND SO ONE QUESTION B IS, DO YOU HAVE THE ABILITY TO MOVE, UM, THOSE POSTS BACK THE POST CLOSEST TO THE STREET BACK AT ALL? UH, IN SPEAKING WITH AN ENGINEER WHO LOOKED AT THIS SITE, I ASKED HIM THAT QUESTION OF, OKAY, WHAT DO, WHAT DO WE NEED TO DO? THE LINE IN QUESTION TO MAKE IT LEGITIMATE IS WHERE THAT SECOND POST IS. SO IT WOULD HAVE TO BE, UH, CUTTING THE WHOLE THING DOWN IN HALF. I THEN ASKED HIM TO EVALUATE OPTIONS OF, WELL, CAN WE GET RID OF THE FRONT POST AND THEN ADD ADDITIONAL SUPPORTS ON THE SIDE SO THAT IT CAN EXTEND OUT SO THAT THIS FAMILY CAN LIKE PARK SAFE AND BE COVERED TO GO INTO THEIR HOUSE? HE THEN CAME BACK AND SAID, WITH THE WAY IT'S DESIGNED, IT REQUIRES THE FRONT POST TO BE IN PLACE BECAUSE YOU'RE, AND THAT'S BECAUSE YOUR BEAMS ARE RUNNING LEFT TO RIGHT AS AS OPPOSED TO FRONT AND BACK YOUR SUPPORT BEAM. I CAN SEE A, THE LARGE BEAM IN THE FRONT, IT LOOKS LIKE THE WAY THAT I'M JUST GONNA CHIME IN. IT LOOKS LIKE THE WAY THIS THING WAS SET UP IS ITS MAIN BEAM IS, IS, IS, YOU KNOW, IT'D BE VERY, I CAN SEE HOW IT WOULD BE DIFFICULT, RIGHT? I I JUST WANNA TAKE THAT POINT OUT THERE, I GUESS. SO THAT'S WHERE I WAS GOING, SO I DID TRY TO EXPLORE THAT AND OTHER OPTIONS. OKAY. ALRIGHT. IS THERE ANYTHING ELSE? ANY OTHER COMMISSIONER QUESTIONS? ALL RIGHT. WHAT WE'RE GONNA DO IS WE'RE GONNA LOOK FOR A MOTION. WE'RE GONNA SEE HOW THIS TURNS OUT FOR YOU. ALL RIGHT. SO I'M LOOKING FOR A MOTION. HAVE THE MOTION, UH, I CAN READ IT IF NO ONE YEAH. WANTS TO. OKAY. SO , I HAVE A MOTION. ALRIGHT, UM, YEAH, THIS IS ITEM NUMBER 5 1 2 9 1 2 6. YEAH, I DIDN'T HAVE IT IN MY PACKETS, SO IT JUMPS FROM FOUR TO SIX, SO I DON'T HAVE THE MOTION, OTHERWISE I DON'T NEED IT. YEAH, I WOULD'VE READ IT, BUT I DIDN'T, YEAH, I DIDN'T SEE THE PACKET. SO SAME HERE. STAFF IS THERE, UM, DO YOU HAVE A SUGGESTED TEMPLATE FOR FIVE THAT YOU COULD POSSIBLY AVAILABLE? THIS IS GOING BACK TO THE OLD BOARD OF ADJUSTMENTS, SO WE HAD TO MAKE OUR OWN MOTIONS. , I MEAN, I'LL TAKE A STAB AT IT. I THINK IT'D BE QUITE INTERESTING IF THERE ISN'T ONE, IF NO ONE MINDS. ALL RIGHT, SO I'M GONNA GO FOR IT THEN. SO REGARDING CASE NUMBER BO OA UH, DASH 24 DASH 3 26, I MOVE THAT THE BOARD OF ADJUSTMENT, UH, GRANT A REQUEST FOR A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A CAR REPORT TO BE ONE INCH FROM THE FRONT SETBACK AND TWO, A FIVE FOOT SIX INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION TO ALLOW A NINE FOOT SIX DRIVEWAY CLEAR VISION, UH, SITUATED AT 60 22 SUNRISE BEND DRIVE. APPLICANT BEING RYAN GEL BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. UH, THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC. THE APPLICANT IS, IS REQUESTING, UM, THE PROVISION OF A CARPORT TO BE AS CLOSE AS ONE INCH TO THE FRONT PROPERTY LINE, WHICH WILL STILL ENABLE IT TO BE SIX, WILL STILL ALLOW IT TO BE SIX FEET AWAY FROM THE BACK OF THE PEDESTRIAN SIDEWALK. SO IT WILL NOT INFRINGE ON PEDESTRIANS, UH, TRAVELING, UH, DUE TO SPECIAL CONDITIONS. A LITERAL ENFORCEMENT OF THE, OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT, UH, AND THE APPLICANT HAVING TO REDUCE THE, THE LENGTH OF THE CARPORT, WHICH WOULD BE LESS THAN THE TYPICAL LENGTH OF A STANDARD VEHICLE, UH, AND THEREFORE IT WOULD CREATE, UM, AN UNNECESSARY HARDSHIP. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL [01:30:01] BE OBSERVED AND THE SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF ORDINANCE IS DEFINED AS A 10 CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE QUEST, UH, APPEARS TO BE, UH, IN THE SPIRIT OF THE ORDINANCE AS THERE ARE OTHER, UH, PROPERTIES, UH, IN THE NEARBY VICINITY WITH SIMILAR CONDITIONS. UH, ITEM, UH, NUMBER FOUR, THE VARIANCE WILL NOT AUTHORIZE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED. NO OTHER USE OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. UH, STAFF FINDS THAT THE VARIANCE, UH, WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT PROPERTIES AS MANY OTHER PROPERTIES HAVE A SIMILAR CONDITION. AND SIX, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THAT THE P THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, UH, SUCH AS, UH, A LIMITED ROOM FROM THE ESTABLISHED FRONT OF THE HOME TO THE, UH, PROPERTY LINE TO ALLOW FOR, UM, THE, THE PROVISION OF A CAR, OF A FUNCTIONING CARPORT. END OF MOTION. SECOND. ALL RIGHT. WE HAVE A MOTION TO SECOND, I'LL BE IN SUPPORT OF THIS FOR A FEW REASONS. ONE, UH, THE CARPORT IS, IS, UH, AS WE HEARD THROUGH TESTIMONY, IS, UH, JUST LONG ENOUGH FOR A STANDARD CAR, NOT ANY LONGER. UH, AND THAT, UM, THE, THE EXISTING EDGE OF CARPORT IS, IS STILL A GOOD GENEROUS SIX FOOT DISTANCE AWAY FROM THE BACK OF THE ESTABLISHED PEDESTRIAN SIDEWALK. UM, SO COMMISSIONER BEEZ, YEAH. ALSO BE SUPPORT OF THIS, UH, FOR THE FACT THAT, UM, IT DOESN'T REALLY ALTER THE, THE CHARACTER OF THE NEIGHBORHOOD. THERE ARE OTHER SIMILAR CARPORTS IN THE AREA, SIMILAR FENCES IN THE AREA. UM, AND UM, SECONDLY, I I BELIEVE THE APPLICANT SAID THAT HE, YOU PURCHASED THE HOME THIS WAY. UM, AND THEN LASTLY, I WOULD JUST ADD THERE, YOU KNOW, I KNOW YOU SAID THAT THIS WAS YOUR FIRST ONE, SO IT SOUNDS LIKE YOU DO INTEND TO HAVE FUTURE PROPERTIES IN THE FUTURE. THE CITY HERE DOES PROVIDE A PERMIT SEARCH WHERE YOU CAN LOOK UP, UH, ANYTHING THAT'S EVER BEEN DONE ON A HOME JUST TO MAKE SURE IT'S BEEN PERMITTED. AND, AND IF IT LOOKS LIKE SOMETHING'S NEW ON THERE, YOU CAN MAYBE DO A SEARCH WITH THESE GUYS TO MAKE SURE YOU KNOW WHAT YOU'RE, YOU'RE GETTING INTO BEFOREHAND. BUT I'LL BE IN SUPPORT OF IT. ANY OTHER COMMISSIONERS LIKE TO ADD HEARING NONE? LET'S HAVE A ROLL CALL. VOTE PLEASE. CHAIR ORIAN. UH, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER EZ. I CONCUR. COMMISSIONER BURTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER BANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER MANANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER EZ? I CONCUR. COMMISSIONER O ZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. ALL RIGHT. MOTION PASSES. 11 TO ZERO. UH, CONGRATULATIONS. IF YOU HAVE ANY ADDITIONAL QUESTIONS YOU CAN GET WITH STAFF AND THEY'LL HELP YOU OUT. THANK YOU. THANK YOU. ALL RIGHT, ITEM NUMBER SIX. ITEM NUMBER SIX, BO OA 24 1 0 3 0 0 1 2 9. ADDRESS, 1 5 3 ST. STRIBLING COUNCIL DISTRICT FIVE. UH, APPLICANT IS DAVID RODRIGUEZ. REQUEST FOR A 2,411 SQUARE FEET VARIANCE FROM THE MINIMUM LOT SIZE REQUIREMENT OF 6,000 SQUARE FEET TO ALLOW DEVELOPMENT ON A 3,589 SQUARE FOOT. LOT ZONING IS R SIX. SUBJECT PROPERTY IS LOCATED ALONG ST. STRIBLING STREET, EAST OF NTO STREET, LOCATED WITHIN THE COLLINS GARDENS NEIGHBORHOOD ASSOCIATION. THE LOT IS CURRENTLY VACANT. THE APPLICANT IS REQUESTING A MINIMUM LOT SIZE VARIANCE AND AN R SIX TO ALLOW DEVELOPMENT ON THE LOT FOR SINGLE FAMILY DWELLING. THE LOT IS FLANKED BY MULTIPLE LOTS, ALSO ZONED R SIX AT THE SAME SIZE WITH ALREADY DEVELOPED A DWELLING UNITS. THE SITE PLAN, SUBJECT PROPERTY SURROUNDING AREA STAFF RECOMMENDATION ON THE MINIMUM AND LOSS SIZE VARIANCE STAFF RECOMMENDS APPROVAL AND BO OA 24 1 0 3 0 0 1 2 9 BASED ON THE FOLLOWING FINDINGS OF FACT, OTHER SIMILAR, UH, OTHER SINGLE, SINGLE FAMILY HOMES IN THE AREA ARE BUILT ON SIMILAR SIZED LOTS AND IT WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. MAILED OUT 16 NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION. AND COLLINS GARDENS NEIGHBORHOOD ASSOCIATION RESPONDED WITH NO OBJECTION. [01:35:01] AND THIS IS COLLINS GARDEN. THIS CONCLUDES STAFF PRESENTATION. THANK YOU. UH, UH, ONE, ONE QUICK. UH, SO IT APPEARS FROM THE AREA THAT YOU, THERE USED TO BE A HOME ON THIS TRACT OF LAND, NOT SURE WHEN IT WAS DEMOLISHED, BUT IT IS CURRENTLY VACANT. YEAH, I JUST SAW REMNANTS OF WHAT WOULD'VE BEEN A FOUNDATION OR STAIRS OR SOMETHING. RIGHT. I THINK ON, ON A PICTURE. SO I WAS JUST, I WAS JUST CURIOUS. YEAH, THE APPLICANT MAY HAVE SOME INFORMATION ON THAT IF IT WAS LIKE A FIRE DAMAGE OR IF IT WAS JUST DEMOLISHED. ALL RIGHT, THANK YOU VERY MUCH. WELL, THANK YOU. LET'S HAVE THE APPLICANT COME FORWARD. ALL RIGHT. STATE YOUR NAME AND TELL US ABOUT THE PROJECT PLEASE. HELLO, MY NAME IS FERNANDO DE LEON, 1650 WEST ATCH. AND YES, THIS IS A UNDERSIZED LOT THAT WE'RE TAKING IN VARIANCE TO CONSTRUCT A BRAND NEW HOME. THE HOME WILL BE ABOUT 800 TO A THOUSAND SQUARE FEET. UM, ONE SINGLE FAMILY. UM, SO WE STILL RESPECT RESPECTING ALL THOSE SETBACKS FOR THIS SMALL LOT. SO, SO, UM, BY COINCIDENCE WE DID THE HOUSE NEXT DOOR, RIGHT ON THE RIGHT SIDE. THAT SHOWS ON THE PICTURE RIGHT THERE ON THE RIGHT SIDE. WE DID THAT. AND ALSO ACROSS THE STREET THAT, THAT A BUILDING THAT LOOKS LIKE, UM, A WAREHOUSE. WE ALSO DID THAT BY COINCIDENCE, . SO, UH, SO WE, WE PLAN TO DO THE SAME, PUT A PUT A HOUSE THAT THAT MEETS, UH, WITH A CHARACTER OF THE NEIGHBORHOOD PORCH ON THE FRONT. UM, TWO, PROBABLY TWO BEDROOMS, TWO BATHHOUSE, AND MAYBE A LITTLE, UH, UM, DECK OR SOMETHING ON THE BACK. OKAY. UM, I NOTICED ON BCA THAT, UH, THERE WAS A HOME BUILT AT, AT, ON THIS AT, IN 1954 THAT WAS APPROXIMATELY 900 SOME ODD SQUARE FEET. DO YOU KNOW WHEN THAT WAS? NO LONGER. I THINK THE HOUSE WAS DEMOLISHED LAST YEAR OR SOMEWHERE AROUND THERE BY THE PREVIOUS ON OWNERS. UH, THE CLIENT THAT WENT TO THE OFFICE, HE, UH, HE BOUGHT THE LOT ALREADY VACANT. WHEN WE DID THE HOUSE NEXT DOOR, THERE WAS A HOUSE IN REALLY BAD SHAPE, SO I THINK I GOT, UH, UH, A FIRE DAMAGE OR SOMETHING LIKE THAT AND HE, AND IT WAS, UH, TAKEN DOWN. OKAY. ALL RIGHT. IS THERE ANY QUESTIONS FOR THIS APPLICANT? CRUZ? COMMISSIONER CRUZ? UM, I NOTICED, UM, ON THE PICTURES THERE IS SOME, UH, WELL THERE IT IS, UH, THERE IS TWO BIG TREES THERE. ARE THOSE GONNA BE A PROBLEM OR ARE YOU GONNA WIND UP KNOCKING DOWN AT LEAST ONE? UM, IF WE CAN'T SAVE THEM, WE'LL SAVE THEM. UM, THE HOUSE, WE WILL PROBABLY SET IT BACK A FEW FEET BACK SO WE COULD SAVE THAT. UH, JUST WHERE THE CONCRETE STARTS, THAT'S PROBABLY WHERE THE OTHER HOUSE WILL START. OKAY. AND IT'S GONNA HAVE ITS OWN DRIVEWAY, IS THAT CORRECT? IT WILL HAVE A DRIVEWAY ON THE SIDE. UH, WE'RE TRYING TO FIT TWO CARS. IT'S GONNA BE KIND OF HARD. IT'S PROBABLY GONNA BE A ONE. YEAH, IT'S A SMALL LOT. YES, SIR. MM-HMM, . OKAY, THAT'S WHAT I WANNA MAKE SURE. THANK YOU. ALRIGHT, ANY OTHER COMMISSIONER QUESTIONS? MANNA COMMISSIONER MANNA? SO, SO YEAH, SO IF YOU LOOK AT THE STREET VIEW, UM, IT DOES SHOW THE HOUSE THERE IN 22. UM, AND THEN IF YOU LOOK AT THE OVERHEAD VIEW OF THAT, IT DOES, I GUESS IT WAS A SMALLER HOME AT THAT POINT, SO, SO, SO, SO THE A BUDDYING PROPERTY THAT YOU BUILT, WHAT'S THE SIZE OF THAT HOUSE? UM, SQUARE FOOTAGE WISE VERSUS WHAT YOU'RE TRYING TO PUT HERE? HOUSE THAT'S ABOUT 880 SQUARE FEET. OKAY. AND THIS ONE'S GONNA BE SIMILAR, VERY SIMILAR TO IT. SAME SQUARE FOOTAGE. OKAY. OKAY. THANK YOU. ALL RIGHT. ANY OTHER QUESTIONS? UH, HEARING NONE, UH, IS THERE ANYONE SENATOR TO SPEAK ANY VOICEMAILS? YEAH, ONE VOICEMAIL. ALL RIGHT, LET'S HEAR IT. MY NAME IS LINDA ALONSO. I LIVE AT ONE SIX NINE ST. STRIBLING. MY PHONE NUMBER IS (210) 665-2285. AND I'M CALLING REGARDING CASE NUMBER B OH A TWO FOUR DASH 1 0 3 0 0 1 2 9. IN REGARDS TO THE SUBJECT PROPERTY ADDRESS OF 1 5 3 ST. STRIBLING, AND I'M CALLING TO OPPOSE THIS DEVELOPMENT. THE AREA HAS BRISTOL ELEMENTARY, RIGHT NEXT DOOR TO COUNTRY BAKERY IS ON THE OTHER SIDE. AND THEN THE LARGE, UM, LAUNDROMAT BUILDING THAT IS VACANT THAT THIS 1 6 9, THIS ONE ST. STRIBLING STREET, TURNS INTO A ONE WAY. IN REGARDS TO THE SCHOOL. I DON'T BELIEVE THIS NEIGHBORHOOD, THIS BLOCK CAN DO FOR SUCH A LARGE DEVELOPMENT. THIS IS A RESIDENTIAL AREA FOR RESIDENTIAL HOMES WITH A SCHOOL NOT EVEN DOWN THE STREET, IT'S NEXT DOOR, FEW [01:40:01] HOMES, MAYBE ONE OR TWO HOUSES NEXT, NEXT DOOR TO THE SCHOOL IN ELEMENTARY SCHOOL AT THAT. AND THEN YOU HAVE THE BAKERY, THE ESTABLISHMENT, THE PROPERTY SHOULD STAY WITHIN THE SQUARE FOOTAGE OF WHAT THAT LOT IS. AND ANYTHING COMING INTO DEVELOP SHOULD BE AWARE OF OUR PARKING, THE LOT, THE STREET, AND ALL THE DEVELOPMENTS ALSO WITHIN THE AREA. THANK YOU. OKAY. I, OKAY. UM, IF THERE'S NOTHING ELSE, UM, IF I'LL GIVE YOU A TIME TO PROVIDE A REBUTTAL. WELL, NO, IN REGARDS TO THE PHONE CALL, YES. THIS IS GONNA BE RESIDENTIAL. YES. WE'RE AWARE OF THE PARKING SITUATION. SO WE'RE GONNA DESIGN SOMETHING THAT FITS THE, UH, THE LOT AND THE SETBACKS. YES. AND YOU HAVE, YOU HAVE NO, UH, PLANS OF ASKING FOR SETBACK VARIANCES OR ANYTHING? NO. PLAN FOR THAT? NO. ALL RIGHT. UNLESS THERE'S NO OTHER QUESTIONS, LOOKING FOR A MOTION. CRUZ. COMMISSIONER CRUZ, REGARDING CASE NUMBER BO 8 24 103 0 0 1 2 9, I MOVE TO THE BOARD OF ADJUSTMENT GRAND JURY REQUEST FOR A 2,411 SQUARE FOOT SQUARE FEET VARIANCE FROM THE MINIMUM LOTS SIZE REQUIREMENTS, 6,000 SQUARE FEET TO ALLOW A DEVELOPMENT ON 3,589 SQUARE FEET. LOT SITUATED AT 1 5 3 SCRIBBLING APPLICANT BEING DAVID RODRIGUEZ. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN A NECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC. THE APPLICANT IS REQUESTING A 2,411 SQUARE FEET VARIANCE FROM THE 6,000 SQUARE FEET MINIMUM LOT SIZE REQUIREMENT. THE VARIANCE DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST AS GRANTING THE VARIANCE WOULD BE IN LINE WITH OTHER LAW SIZES IN THE AREA. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE VARIANCE OF THE ORDINANCE WOULD RESULT IN HAVING TO RESULT, WOULD RESULT IN UNNECESSARY HARDSHIP. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND THE SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THAN THE EXACT LETTER OF THE LAW. THE REQUEST APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE AS THE REQUIREMENT IS THERE TO PROTECT THE NEIGHBORHOOD. AND THERE ARE OTHER SINGLE FAMILY HOMES ON SIMILAR LIGHTS, LOT SIZES IN THE AREA. FOUR, THE VARIANCE WOULD NOT AUTHORIZE THE OPERATION OF A USE 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 VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THAT THE VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPRO APPROPRIATE USE OF ADJACENT PROPERTIES AS MANY OTHER LOTS DO NOT MEET THE MINIMUM SIZE LOT REQUIREMENTS. SIX, APPLIED OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OR RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHAT PERSEVERANCE SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. END OF MOTION. SECOND. SECOND BY COMMISSIONER BEEZ. COMMISSIONER CRUZ. UH, YES. I'M GONNA GO AHEAD AND CONCUR WITH THIS. I I KNOW THE AREA REAL GOOD AND YES, THERE IS PLENTY OF NEW HOUSES IN THAT AREA AND OF COURSE WE CAN ALWAYS USE A NEW HOME. SO GOOD LUCK WITH YOUR PROJECT, SIR. COMMISSIONER BOIZ? YEAH, I'LL ALSO BE IN SUPPORT OF THIS. UM, I THINK THE, UM, THE BUILDER SAID HE'S STAYING IN LINE WITH WHAT THE NEIGHBORHOOD IS, UH, ALREADY HAVE THERE SINGLE FAMILY HOME AS HIS SQUARE FOOTAGE SET. AND, UH, AS, UH, COMMISSIONER CRUZ SAID, UH, WE NEED MORE HOMES RATHER THAN VACANT LOTS. ALRIGHT, ANY OTHER COMMISSION LIKE TO ADD? I'M JUST GOING ADD THAT I'M IN SUPPORT BECAUSE ALL THE, THE HOMES, UH, DOWN THE STREET WERE BUILT BETWEEN 1942 AND 1954. IT'S AN ESTABLISHED, UH, DEVELOPMENT PATTERN, UH, AND THIS CERTAINLY FITS IT. SO HAVE A ROLL CALL, VOTE PLEASE. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER BONNI? I CONCUR. COMMISSIONER BURTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER BON? I CONCUR. COMMISSIONER [01:45:01] DEAN? I CONCUR. COMMISSIONER MANO. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER O ZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. UH, IF YOU HAVE ANY QUESTIONS, GET WITH THAT. ALL RIGHT, ITEM NUMBER SEVEN. ITEM NUMBER SEVEN, BO OA 24 1 0 3 0 0 1 3 1. ADDRESS? 1 1 1 DEL VALE VALLEY COUNCIL DISTRICT FIVE. APPLICANT CARLOS RE, UH, A 100 SQUARE FOOT VARIANCE FROM THE MINIMUM LOT SIZE REQUIREMENT OF 4,000 SQUARE FEET TO ALLOW DEVELOPMENT ON A 3,900 SQUARE FEET. LOT ZONINGS. R FOUR. SUBJECT PROPERTY IS LOCATED ALONG DELVAL ALLEY, SOUTH OF WEST CAESAR EAST CHAVEZ BOULEVARD, LOCATED WITHIN THE HISTORIC WEST SIDE RESIDENCE NEIGHBORHOOD ASSOCIATION. THE LOT IS CURRENTLY VACANT. THE APPLICANT IS REQUESTING A MINIMUM LOT SIZE VARIANCE IN AN R FOUR TO ALLOW DEVELOPMENT ON A LOT FOR A SINGLE FAMILY DWELLING PROPERTY. DOES NOT MEET THE REQUIREMENTS FOR A NON-CONFORMING. LOT OF RECORD SITE PLAN. SUBJECT PROPERTY SURROUNDING AREA STAFF RECOMMENDATION, MINIMUM LOSS SIZE VARIANCE. STAFF RECOMMENDS APPROVAL AND BOA 2 4 1 0 3 0 0 1 3 1 BASED ON THE FOLLOWING FINDINGS OF FACT, OTHER SIMILAR OTHER SINGLE FAMILY HOMES IN THE AREA ARE BUILT ON SIMILARLY SIZED LOTS OR SMALLER. IT WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. MAILED OUT 36 NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION. AND THE HISTORIC WEST SIDE RESIDENCE NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. AND THIS CONCLUDES STAFF PRESENTATION. THANK YOU. ALL RIGHT, THANK YOU VERY MUCH. IS THAT THE APPLICANT? COME FORWARD. ALL RIGHT. STATE YOUR NAME, TELL US ABOUT YOUR PROJECT. HI, UH, MY NAME IS KA. COMING HERE TO, UH, I WANNA BUILD A HOUSE THERE. UH, I KNOW IT'S, THE AREA IS NOT, UH, I ALREADY RECEIVE A LETTER FROM THE, FROM THE TO CLEAN IT UP AND UH, BUT UH, I LIKE TO UH, YOU KNOW, RAISE UP THE, YOU KNOW, RAISE THE, THE COMMUNITY. COMMUNITY. MM-HMM. . AND, UM, IT'S, WHAT CAN I SAY? UH, ALRIGHT, THANK YOU VERY MUCH STAFF. IS THERE ANY, UH, UH, VOICEMAILS OR ANYONE TIME TO SPEAK? ONE VOICEMAIL. ALRIGHT, LET'S HEAR THE VOICEMAIL. HI, UH, MY NAME IS LETICIA SANCHEZ. MY ADDRESS IS 1710 RA CRUZ, ZIP CODE SEVEN EIGHT TWO OH SEVEN AND MY PHONE NUMBER IS (210) 363-5895. I'M CALLING ON BEHALF OF THE HISTORIC WEST WEBSITE RESIDENCE ASSOCIATION REGARDING AGENDA ITEM NUMBER SEVEN, UH, BOA CASE 24 DASH 1 0 3 0 0 1 3 1. UM, THE HISTORIC WEST SIDE RESIDENCE ASSOCIATION SUPPORTS THE APPLICANT'S REQUEST FOR A 100 SQUARE FEET VARIANCE FROM THE MINIMUM LOT SIZE OF 4,000 SQUARE FEET TO ALLOW DEVELOPMENT ON 3,900 SQUARE FEET WITH THE CONDITION THAT THE APPLICANT WILL CONFORM TO THE WEST SIDE COMMUNITY PLAN, WHICH LIMITS RESIDENTIAL STRUCTURES TO TWO STORIES, NO HIGHER THAN TWO STORIES. UM, UH, WE, UH, HOPE THAT YOU WILL APPROVE, UH, THE APPLICANT'S REQUEST. PLEASE CONTACT ME IF YOU HAVE ANY QUESTIONS. THANK YOU. BYE. ALL RIGHT. SO IS THERE ANYTHING ELSE THAT YOU'D LIKE TO ADD BEFORE WE DELIBERATE? NO, SIR. ALL RIGHT. SO I'M LOOKING, UH, IS THERE ANY QUESTIONS FROM THE COMMISSION? YEAH, COMMISSIONER BARRINGTON AND THEN MANNA. OKAY. JUST A SMALL QUESTION FOR STAFF, MORE OUT OR CURIOSITY THAN ANY REAL SUBSTANTIVE CONCERN, BUT WHY DOES THE PROPERTY NOT MEET THE REQUIREMENTS FOR NON-CONFORMING? LOT OF RECORD. UM, I DON'T HAVE THE SPECIFIC INFORMATION. WE DID SEND IT TO THE, UH, LAND ENTITLEMENT FOLKS AND THEY DID VERIFY, BUT I DON'T HAVE THE SPECIFIC INFORMATION ON WHY THEY DON'T, UM, CLARIFY. A, A NON-CONFORMING LOT OF RECORD WOULD HAVE TO DEMONSTRATE THAT AT ONE POINT IN TIME IT WAS LEGAL AND THEN MADE SUBSTANDARD BY SOME SUBSEQUENT MUNICIPAL ACTION. UH, MY UNDERSTANDING IS THAT A PORTION OF THIS PROPERTY WAS ACTUALLY DEEDED OFF TO A NEARBY PROPERTY OWNER. SO BECAUSE THAT'S NOT A MUNICIPAL ACTION, WE'RE NOT ABLE TO APPROVE IT THAT WAY. ALL RIGHT. COMMISSIONER MANNA. AND SO, UH, JUST UM, A QUESTION FOR CITY STAFF WITH REGARDS TO THE, UM, [01:50:01] POSITION FROM THE HISTORIC, UH, WEST SIDE COMMUNITY. UH, THE CAVEAT THAT THEY PLACED ON IT IS THAT IT CANNOT BE THREE STORY, BUT THAT WOULD NOT BE PERMITTED UNLESS THERE WAS A VARIANCE SOUGHT. AND SO, SO AT THAT POINT, YOU KNOW, I GUESS THEY WOULD NEED TO COME BACK FORWARD TO RECEIVE THAT VARIANCE IF THAT'S WHAT THEY DESIRED, CORRECT? CORRECT. THANK YOU. ALL RIGHT. UH, IF THERE'S NO OTHER QUESTIONS, I'M LOOKING FOR A MOTION MENEZ COMMISSIONER MENEZ, REGARDING CASE NUMBER BO A 2 4 1 0 3 0 0 1 3 1. I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED REQUEST FOR A 100 SQUARE FEET VARIANCE FROM THE MINIMUM LOT SIZE REQUIREMENT OF 4,000 SQUARE FEET TO ALLOW DEVELOPMENT ON 3,900 SQUARE FEET. LOT SITUATED AT 11 1 11 DEL VIA ALLEY, APPLICANT BEING CARLOS RUIZ. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETER AND THE FACTS THAT WE HAVE TO DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT, THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE APPLICANT IS REQUESTING A 100 SQUARE FEET VARIANCE FROM THE 4,000 SQUARE FEET MINIMUM LOT SIZE REQUIREMENT. THE VARIANCE REQUEST DOES NOT APPEAR TO BE IN CONTRARY, TO BE CONTRARY TO THE PUBLIC INTEREST AS GRANTING THE VARIANCE WOULD BE IN LINE WITH OTHER LOT SIZES IN THE AREA. TWO, DUE TO DUE TO SPECIAL CONDITIONS. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN US IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD NOT, WOULD RESULT IN HAVING A REZONE, WHICH WOULD RESULT IN AN UNNECESSARY HARDSHIP. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS, AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE REQUEST APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE AS A REQUIREMENT IS THERE TO PROTECT THE NEIGHBORHOOD. AND THERE ARE ALSO, THERE ARE OTHER SINGLE FAMILY HOMES ON SIMILAR LOT SIZES IN THE AREA. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THE, 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 THAT THE VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPRO, THE APPROPRIATE USE OF ADJACENT PROPERTIES AS MANY OTHER LOTS DO NOT MEET THE MINIMUM LOT SIZE REQUIREMENTS. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR THIS, FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND A MOTION. SECOND, SECOND. SECOND BY COMMISSIONER UNI. COMMISSIONER BENAVIDES. I'M GONNA BE IN FAVOR OF THIS MOTION. I THINK THAT, UM, THE FACT THAT THIS OWNER IS, UH, THIS, THIS APPLICANT IS GOING TO BUILD A, A PROPERTY IN AN AREA THAT'S NEEDED. UM, JUST LOOKING AT THE, THE REST OF THE BLOCK, UM, THIS IS A MUCH NEEDED, UM, EMPTY LOT THAT NEEDS A HOUSE ON IT. SO I'M GONNA BE IN FAVOR OF THE MOTION. ALL RIGHT. COMMISSIONER BOIZ? YES, UH, UH, I AGREE WITH MY COLLEAGUE. I, I'M ALSO GONNA BE IN SUPPORT OF THIS. UH, THE VARIANCE IS MINIMAL FOR WHAT WE NEED HERE. UH, ONCE AGAIN, WE NEED MORE HOMES, NOT VACANT LOTS, ESPECIALLY ON THIS INNER WEST SIDE AREA. ALL RIGHT, ANY OTHER COMMISSIONERS LIKE TO ADD HEARING NONE. HAVE A ROLL CALL VOTE PLEASE. COMMISSIONER AVILES. I CONCUR. COMMISSIONER EZ? I CONCUR. COMMISSIONER BREWTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER IVANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER OONA? YES, I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. UH, CONGRATULATIONS. YOU HAVE ANY QUESTIONS? TALK TO STAFF. ALL RIGHT. UH, DOES ANYBODY, ANY COMMISSIONERS WANT A BREAK OR WE WANNA KEEP ROLLING? OKAY, WE'RE GONNA CALL FOR A BREAK. WE'LL SEE EVERYBODY BACK HERE IN ABOUT SEVEN MINUTES OR SO, ABOUT 3 0 3. WE ARE GOING TO CALL THIS BACK INTO SESSION AND WE ARE ON [01:55:01] ITEM NUMBER NINE. ITEM NUMBER NINE IS BO O 8 24 1 0 3 0 0 1 3 4. ADDRESS IS 28 27 BABCOCK ROAD COUNCIL DISTRICT EIGHT. APPLICANT IS ERDOS A REQUEST FOR A ONE FOOT SPECIAL EXEMPTION FROM THE MAXIMUM SIX FOOT HEIGHT TO ALLOW A SEVEN FOOT, PREDOMINANTLY OPEN SECURITY FENCE ZONING. A C3. THE SUBJECT PROPERTY IS LOCATED ON BABCOCK ROAD WITHIN THE MEDICAL CENTER, UH, DRIVE. AND HAMILTON WOLF. A PORTION OF THE PROPERTY WAS RECENTLY ZONED WITH A CONDITIONAL USE TO ALLOW FOR A SOLAR FARM. THE APPLICANT IS SEEKING A SPECIAL EXEMPTION TO ALLOW A SEVEN FOOT, PREDOMINANTLY OPEN SECURITY FENCE FOR A SOLAR FARM. AND A SOLAR FARM WILL BE LOCATED TO THE REAR OF THE PROPERTY. THIS IS YOUR SITE PLAN AND THE SUBJECT PROPERTY. SO THIS IS IN BACK, IF YOU'RE FAMILIAR WITH SANTA ROSA AND BABCOCK, THIS IS LIKE ALL BEHIND THE HOSPITAL AND THERE'S A PORTION OF THE HELIPAD THERE. STAFF RECOMMENDATION, FINSIGHT SPECIAL EXEMPTION STAFF RECOMMENDS APPROVAL MBOA 24 1 0 3 0 0 1 3 4 BASED ON THE FOLLOWING FINDINGS, THE PROPOSED HEIGHT WILL ADD SECURITY TO THE PROPERTY AND SURROUNDING AREA, AND TWO, THE SPECIAL EXEMPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD NOTIFICATION PLAN. STAFF, NO DOUBT, 90 NOTICES ZERO IN FAVOR, ZERO IN OPPOSITION. IS THERE NO, THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET. AND THIS CONCLUDES, THAT'S PRESENTATION AND APPLICANT IS NOT AVAILABLE. OKAY. UM, CAN YOU PLEASE CLARIFY WHERE EXACTLY, I KNOW THAT THERE'S A SIDE PLAN THAT SHOWS A, A BACK CORNER, BUT WHERE IS THIS FENCE? IS IT, IS IT GONNA BE A REC, IS IT GONNA BE COMPLETELY ENCAPSULATING THE HATCHED AREA THAT'S SHOWN ON THAT? CORRECT. YEAH, IF YOU GO BACK TO THE, SO GOT THE, YEAH, THAT, THAT PICTURE RIGHT THERE? YEAH, SO IT'LL JUST BE AROUND A CERTAIN HERE. OKAY. SO, SO THIS PORTION, UM, SORRY, MANNA? YES. COMMISSIONER MANNA. OKAY. SO THE PORTION THAT YOU'RE SHOWING, THE HATCH AREA IS NOT ON BABCOCK, CORRECT? IT'S ON THE BACK PORTION OF THE PROPERTY, YES. SEE, SO YOU SEE HERE BABCOCK, BUT IT IS ADDRESS 28 27 BABCOCK. IT'S PART OF THE SANTA ROSA HOSPITAL. AND, AND SO COMMISSIONER MANNA, BECAUSE YOU COULDN'T SEE THE LASER POINTER, IF YOU LOOK AT THAT, THAT CY NO, I CAN SEE LASER POINTER, ACTUALLY I CAN SEE LASER POINTER. SO YEAH, YOU, YOU COULD, OKAY. YOU COULD SEE, YEAH. YEAH, THEY, THEY CHANGED THE SCREEN AND THEY CHANGED IT TO A CAMERA VIEW WHERE I CAN SEE LASER POINTER, WHICH IS AWESOME. OH, OH, THAT WAS VERY NICE. . OKAY THEN. ALRIGHT, SO CAN PLEASE CONTINUE. I'M SORRY TO INTERRUPT. AND, AND SO I GUESS, UM, AND SO THE BUDDING PROPERTIES THAT ARE, I GUESS BUDDING THIS PROPERTY ARE THE OTHER HOSPITAL, CORRECT? FOR, LET'S SEE. CORRECT. THERE'S THE, THE HOSPITALS HERE AND THERE'S SOME OTHER, UH, OFFICES, UH, DOWN TOWARDS HERE. AND THE CPS SUBSTATION. YEAH. AND THE CPS SUBSTATION IS HERE. AND THEN IF YOU'RE FAMILIAR WITH HAMILTON WOLF, THIS IS THE BIG OLD PARK. YES, I'M VERY FAMILIAR. YEAH. AND THEN THIS IS LIKE, WOULD BE LIKE THE SANTA ROSA ONE AND TWO TOWERS. RIGHT. AND THEN THE PARKING GARAGE IS RIGHT HERE. SO THIS WOULD BE SANTA ROSA ONE AND TWO TOWERS. OKAY. SO THIS PICTURE IS, UH, IS THE OUTLINE OF WHOLE PROPERTY, BUT JUST THE HASH MARK WAS THE, WHERE IT IS THAT THEY'RE LOOKING FOR THE FENCE, CORRECT? CORRECT. YES SIR. IT WOULD BE IN THIS AREA RIGHT HERE? YES, SIR. TOWARDS THE BACK. AND, AND IF SO, IF WE CONTINUE TO HEAR THIS, COULD A MOTION BE READ? SO IT'S JUST THE PORTION THAT WAS SUBMITTED WITH REGARDS TO THE, THE LENGTH AND SIZE AND WHATEVER, BUT IT DOES LOOK LIKE IT'S SMALLER THAN THE WHOLE PROPERTY, RIGHT? AS FAR AS THE SEVEN FOOT FENCE. SO, UH, I'M TRYING TO UNDERSTAND THE SIZE OF THAT FENCE. I THINK, I THINK IT WOULD BE THE, UH, NORTHERN PORTION OF, OF THE PROPERTY LIMITED TO THE, UH, THE HATCHED AREA. SHOWN ON THE SIDE PLAN. SUBMITTED. SUBMITTED SIDE PLAN. YEAH. SO OKAY. ALL RIGHT, GOOD. WELL, IF THERE'S ANY VOICEMAILS, NO PUBLIC COMMENT. ALL RIGHT, WELL, WITH THAT, IF THERE'S NO OTHER QUESTIONS FOR STAFF, I LOOKING FOR A MOTION. OH, ZUNA COMMISSIONER ZUNA, REGARDING CASE ON BOA DASH 24 DASH 0 3 0 3 4. I MOVE THAT THE BOARD OF, UH, THE BOARD OF ADJUSTMENT, UH, GRANT TO REQUEST FOR A ONE FOOT SPECIAL EXEMPTION FOR THE MAXIMUM SIX FOOT HEIGHT TO ALLOW A SEVEN FOOT PREDOMINANTLY OPEN SECURITY FENCE SITUATED 28 27 BADCOCK ROAD, A APPLICANT BEING ETHOS ARTOS. UH, BECAUSE THE [02:00:01] TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINE SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SETS THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC HAS AMENDED, WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT A THE SPEC SPECIAL EXEMPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. UM, LEMME GO BACK TO THE MOTION AS READ. I'D LIKE TO ALSO LIMIT IT TO THE, UH, SITE PLAN THAT WAS, UH, SUBMITTED, UH, LIMITING THE, UH, THE REQUEST, UH, TO, UH, WHAT IS SHOWN IN THE SITE PLAN, INCLUDING THE HATCHED AREAS AND THE DEFINED FENCE AREA ON THE EXHIBIT, UH, UH, SITE PLAN A, THE SPECIAL EXEMPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE UDC STATES THAT THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXEMPTION FOR OFFENSE HEIGHT MODIFICATION. IF GRANTED, A SPECIAL EXEMPTION WILL NOT ALTER, WILL NOT BE CONTRACTED TO THE SPIRIT AND PURPOSE OF THE CHAPTER. THE ONE FOOT PREDOMINANTLY OPEN SECURITY FENCE IS A MINIMUM NEEDED, UH, TO AFFORD RELIEF TO THE PROPERTY OWNER. B, THE THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THE CRITERIA ARE REPRESENTED BY FENCE SIZE TO PROTECT PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY. THE PROPOSED FENCE WILL ADD TO THE PROTECTION OF THE PROPERTY AND ADD A SENSE OF SECURITY TO THE SOLAR FARM. SEE, THE NEIGHBORING PROPERTY WILL NOT SUBSTANTIALLY INJURE INJURED BY SUCH PROPOSED USE. THE PROPOSED PREDOMINANTLY OPEN FENCE WOULD BE FOR A SOLAR FARM. IT WOULD NOT INJURE THE NEIGHBORING PROPERTIES AS A FENCE WILL PRO PROVIDE SECURITY. INDEED, THE SPECIAL EXEMPTION WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION ON WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT UPON. INSPECTION OF THE DISTRICT AND LOCATION OF THE FENCE, HEIGHT AND PROPOSED SIGN WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND EITHER THE SPECIAL EXEMPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. IF GRANTED, THE SPECIFIC, THE SPECIAL EXEMPTION WILL NOT ALTER, NOT ALTER THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. THE PROPOSED FENCE EXCEEDS A HIGH THROUGH REGULATIONS BY ONE FOOT AND WILL ENHANCE THE SECURITY OF THE PROPERTY. THE PROPERTY WAS RECENTLY REZONED FOR SPECIFIC USE AUTHORIZATION FOR SOLAR FARM, A USE PERMITTED BY RIGHT AS IN AN INDUSTRIAL ZONING THAT WOULD PERMIT A HIGHER FENCE BY RIGHT END OF MOTION. RIGHT, AND A SPECIAL EXEMPTION. SECOND. SECOND BY COMMISSIONER MAN AND COMMISSIONER ZUNA. YES. SO I AM GOING TO TAKE THE LEAD OF THE CITY'S PROPOSED RECOMMENDED APPROVAL. UH, I THINK THE, UM, DEFENSE IS VISIBLY OUT OF VIEW FROM BABCOCK ROAD AND MEDICAL. IT BORDERS A CPS SUBSTATION, UM, AND DON'T SEE HOW THE, UH, THE NEIGHBORING PROPERTIES WOULD BE IMPACTED. NO OPPOSITION. UH, SO I'M SUPPORTING THE VARIANCE. COMMISSIONER MANNA, I CONCUR WITH MY COLLEAGUE. IS THERE ANY OTHER, UH, COMMISSIONS' LIKE TO CHIME IN? HEARING NONE US HAVE A ROLL CALL VOTE PLEASE. COMMISSIONER UNA. I CONCUR. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BURTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER EZ. I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ. I CONCUR. COMMISSIONER BENAVIDEZ. I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. COMMISSIONER BONILLA, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. UM, ITEM NUMBER 10. ITEM NUMBER 10 IS BO 8 24 1 0 3 0 0 1 3 5. ADDRESS IS 57 0 7 SOUTH ZAMAR STREET COUNCIL. DISTRICT FIVE. APPLICANT IS STEVEN JACOB SCROGGINS. A REQUEST FOR ONE, A 15 FOOT VARIANCE FROM THE REQUIRED 15 FOOT BUFFER REQUIREMENT TO ALLOW THE ELIMINATION OF A BUFFER ON A PROPERTY FRONT OF THE PROPERTY ALONG SOUTH ZAMORE STREET AND PROVIDE A THREE FOOT LANDSCAPE ISLAND ALONG THE FRONT. PROPERTY LINE ZONING IS C ONE. THE SUBJECT PROPERTY IS LOCATED ON SOUTH ZAMORE STREET BETWEEN THE INTERSECTIONS OF FIT STREET AND MOVI AVENUE. THE APPLICANT WILL BE DEMOLISHING AN EXISTING BUILDING AND CONSTRUCTION OF NEW STRUCTURE ON THE SAME FOUNDATION. HOWEVER, FACING TOWARDS FIT STREET DUE TO THE LOCATION OF THE EXISTING FOUNDATION, THE APPLICANT IS REQUESTING BUFFER YARD VARIANCE TO ELIMINATE THE BUFFER REQUIREMENT AND PROVIDE A THREE FOOT LANDSCAPE ISLAND ALONG THE FRONT PROPERTY LINE. THIS IS YOUR SITE PLAN, UH, SUBJECT PROPERTY VIEW AND AN EXISTING BUSINESS. AND THE SURROUNDING AREA. ACTUALLY, THIS IS PART OF THE PROPERTY AND THIS IS WHERE THAT NEW BUILDING'S GONNA BE BUILT AND THE SURROUNDING AREA. LOOKING AT DIFFERENT VIEW OF THE PROPERTY STAFF RECOMMENDATION, BUFFER VARIANCE STAFF RECOMMENDS APPROVAL AND BO O 8 24 1 0 3 0 0 1 3 5 BASED ON THE FOLLOWING FINDINGS, THE REDUCED BUFFER REQUESTED IS ALONG THE FRONT PROPERTY LINE ALONG SOUTHMORE STREET AND APPLYING THE FULL BUFFER WOULD SIGNIFICANTLY LIMIT THE USABILITY OF THE PROPERTY NOTIFICATION PLAN. STAFF MAILED [02:05:01] OUT 31 NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION. AND TARA LINDA NEIGHBORHOOD ASSOCIATION IS OPPOSITION. AND ONE, UH, OTHER ITEM, Y'ALL HEARD, UH, THIS CASE BACK IN NOVEMBER OF, UH, 23 WHEN THEY APPLIED FOR A LANDSCAPE BUFFER AND A SIDE VARIANCE ON, CAN YOU GO BACK TO THE, ON MAYBE THE SITE PLAN? SO PREVIOUSLY THE BOARD APPROVED THE BUFFER AND A SETBACK HERE, BUT THEY NEEDED TO COME BACK AND DO THIS ONE AFTER FURTHER DESIGNING THE BUILDING. SO THEY NEED TO COME BACK FOR ANOTHER VARIANCE ON THIS SIDE. SO, OKAY. SO MY QUESTION IS, IS, UM, IT, YOU'RE, THE SIDE PLAN IS SHOWING A 10 FOOT COMMON USE SIDEWALK THAT SEEMS TO GO INTO THE PROPERTY LINE A LITTLE BIT, BUT THEN IT ALSO CALLS OUT THAT THREE FOOT LANDSCAPE ISLAND KIND OF IN THE SAME PLACE. AM IS THAT WHAT'S HAPPENING? RIGHT. YEAH. SO THEY'RE GONNA PUT, UM, THEY'RE GONNA PUT THE ISLAND HERE, BUT I LET THE APPLICANT, UH, BETTER, UH, UH, DESCRIBE THAT. OKAY. AND, AND BECAUSE, BUT, BUT IT IS A LIMITED, IT IS A, IT'S A VERY SMALL LITTLE ISLAND, CORRECT? CORRECT. YEAH. ALL RIGHT. THAT'S THE A COME FORWARD. MY NAME'S JACOB S GOGGINS. I'M HELPING, UH, THE RIOS, UH, FAMILY WITH THEIR NEW FACILITY ON ZAR ZAMORA. OKAY. IT'S A SUPER TIGHT SIDE. AS YOU CAN SEE, IT'S 50 FOOT WIDE AND THEY HAVE A CURRENT RESTAURANT THAT'S BEEN THERE FOR, SINCE THE SEVENTIES. SO IT'S BEEN THERE FOR A LONG TIME. IT'S CURRENTLY FUNCTIONING. YOU SAW IT RIGHT THERE IN THE IMAGE. UH, PREVIOUSLY THERE WAS A RESIDENTIAL HOUSE FACING FIT STREET ON THE NORTH SIDE. THAT'S WHAT'S BEEN REMOVED. AND WE'RE EFFECTIVELY PUTTING THEIR NEW FACILITY PRETTY MUCH RIGHT WHERE THAT, THAT EXISTING HOUSE WAS. IT'S SINCE BEEN REMOVED. ONCE THE NEW FACILITY GETS ERECTED THAT, UM, THAT BUILDING RIGHT THERE WILL BE REMOVED IN PLACE OF THE PARKING LOT THAT'S GONNA GET, UH, PLACED TO MEET THE PARKING REQUIREMENT. SO BEFORE THE PROJECT STARTED, WE DID COME BACK AND ASK FOR A REDUCTION IN THE BUFFER YARD REQUIREMENT ON THE WEST BETWEEN THE NEW FACILITY AND THE, UM, SINGLE FAMILY HOME TO THE, TO THE WEST. SO THAT WAS REDUCED FROM 15 FEET DOWN TO OH, THANK YOU. GOTCHA. RIGHT HERE ON THE WEST. SO WE DO HAVE AN APPROVED BUFFER YARD, UH, REDUCTION FROM 15 FEET TO SEVEN FEET. UH, WE'VE GONE THROUGH THE ENTIRE PERMIT PROCESS. WE'RE DOWN TO THIS ONE VARIANCE REQUEST. AND, UH, PART OF THAT WAS THAT WE WERE REQUIRED BECAUSE OF THE, UM, THOROUGHFARE PLAN TO HAVE A 15 FOOT BUFFER YARD FROM THIS PROPERTY LINE INWARD. SO JUST THE BASE ZONING REQUIREMENT ON A 1550 FOOT WA LOT. IF WE WERE TO COMPLY WITH EVERYTHING, WE'D BE DOWN TO 20 FOOT BUILDABLE AREA WITH A BUFFER YARD. SO WHAT WE'RE DOING HERE IS WE WE'RE INSTALLING THE 10 FOOT MULTI-USE PATH, UM, ALONG AMORA TWO FEET OF THAT WOULD ACTUALLY, OH, TWO FEET OF THAT WOULD ACTUALLY PROJECT INTO THE PROPERTY IN ORDER TO MEET THE PARKING REQUIREMENT. WE WORK BACKWARDS FROM THAT BUFFER YARD REQUIREMENT TOWARDS Z ZAMORA. AND SO THAT LEAVES US JUST THREE FEET WHERE WE CAN PLACE LANDSCAPING, UH, IF WE TRY TO COMPLY WITH ALL THE DIFFERENT REQUIREMENTS. SO THAT'S WHAT WE'RE HERE FOR, IS TO PROVIDE EVERYTHING EXCEPT FOR THE BUFFER YARD ALONG Z ZAMORA. BUT THIS LITTLE STRIP BETWEEN THE TWO, UM, WOULD BE A, A LANDSCAPING. THE INITIAL SUBMITTAL WE DID BEFORE, WE DID SOME, UH, CORRECTIONS, UH, THROUGH PERMITTING. WE HAD A FIVE FOOT BUFFER YARD THERE, UH, BETWEEN THE TWO. BUT IN ORDER TO WE, AND THEN WE ADJUSTED SOME PARKING. BUT TO MAKE ALL OF THAT WORK, WE'RE JUST, THE MATH DOESN'T WORK. WE'RE DOWN TO THREE FEET. THAT'S ALL WE HAVE. SO, YEAH. I, I WAS JUST CONFUSED WHETHER WHEN YOU HAVE THE MULTIUSE PATH, IT LOOKED LIKE YOU WERE USING PART OF THE MULTIUSE PATH TO PROVIDE THE THREE FOOT ISLAND. NO, SIR. YEAH, IT'S, YOU'RE BEHIND THAT, IT'S 10 FEET. WE'RE GOING FROM THE, FROM THE CURB THAT'S EXISTING INWARD, 10 FEET, AND THEN WE HAVE THREE FEET PARKING, SEVEN FOOT BUFFER YARD AND IS AND THE THREE FEET, HOW MUCH OF THE, IS THAT EXTENDING THROUGH THE PROPERTY FROM FITCH? IS IT GOING FROM FITCH ALL THE WAY DOWN, OR? YEAH, ABOUT HALFWAY OR SO. FROM UP HERE TO FITCH, THERE'S A, THERE WAS, IN THE SITE PAYING PACKAGE, THERE WAS A LANDSCAPE PLAN. ACTUALLY, CAN WE PUT THAT ON THE SCREEN HERE? LET ME, IF YOU COULD MAYBE PULL IT DOWN JUST A HAIR. I'M SORRY. YEAH. SO THIS IS A LANDSCAPING PLAN. YOU CAN KIND OF SEE WE HAVE SOME GREEN SPACE UP HERE. WE ARE ADDING IN A, THERE'S THE 10 FOOT MULTI-USE PATH THAT KIND OF RUNS OVER INTO A SIX FOOT. OH, I SEE IT PATH LONG AS, UH, FITCH, BUT THAT'S SORT OF GREEN SPACE THERE. AND THEN COMING DOWN, THIS IS MAINLY SOD 'CAUSE THERE'S A BUNCH OF UTILITIES THERE, THERE'S NOT MUCH WE COULD DO WITH IT. UM, FOR THE, UM, FOR THE, I THINK THERE'S SOME PUBLIC UTILITIES RIGHT THERE. AND THEN WE'RE JUST GONNA SCREEN THIS WITH AS MUCH LANDSCAPING AS WE CAN FIT IN THREE FEET. HAS IT, HAS THE, HAS THE LANDSCAPE REVIEWED THIS AS PART OF YOUR PERMIT PACKAGE? THIS IS THE VERY LAST [02:10:01] THING THAT WE'RE OH, OKAY. SO THIS IS THE ONLY THING PENDING FOR THAT APPROVAL ALL AS I UNDERSTAND IT. ALL RIGHT. IS THERE ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? MANNA COMMISSIONER MANNA. SO, SO IF I UNDERSTOOD CORRECTLY, THE REASON, UH, THAT YOU'RE SEEKING THE VARIANCE IS SPECIFICALLY TO ADDRESS THE ABILITY TO, UH, FOR THE PARKING LOT ITSELF. UM, AND THE BUILDING ITSELF DOESN'T REALLY REQUIRE IT. IS THAT TRUE? Y YES. IN THAT, UH, WELL, THIS SITE'S DIFFICULT IN THAT IF YOU WERE TO TAKE ALL THE CITY REQUIREMENTS WHEN YOU BACK INTO IT, UM, YOU ONLY, YOU'RE ONLY LEFT WITH REALLY FIVE FOOT OF BUILDABLE AREA WHEN YOU, WHEN YOU WORK WITH THE BUFFER YARD SETBACKS, MULTI-USE PATH AND VARIOUS ITEMS. SO WE'VE BEEN ABLE TO SQUEEZE THE BUILDING AS FAR OVER TO THE WEST AS WE CAN. UM, AND THAT DRIVE THAT KIND OF GOES TO FITCH. SO THEY KIND OF GO HAND IN HAND, BUT PRE PREDOMINANTLY THE, THE PARKING IS THE DRIVING FACTOR. SO IF IT WAS JUST APPROVED FOR THE PARKING, WOULD YOU STILL BE ABLE TO PUT THE EXISTING BUILDING AS REQUESTED INTO THE SPACE WITHOUT NEEDING THAT, UM, THAT VARIANCE OR, OR A SUBSET OF THAT VARIANCE? UH, WELL THE, THE PARKING WOULD BE THE CRITICAL FACTOR ON THE SOUTH SIDE. BUT ON THE NORTH WE STILL NEED THAT DRIVE APPROACH, WHICH WE ALREADY DO FOR THAT DRIVE THAT GOES AROUND. WE, WE HAVE AN ADMINISTRATIVE, A VARIANCE, SO THIS IS ACTUALLY THE FOURTH, THIS WOULD BE THE FIFTH VARIANCE WE'VE ASKED FOR ON THIS SITE. AND I THINK SOME OF THESE STRUGGLES ACTUALLY WILL AFFECT OTHER LOTS ON Z ZAMORA. IT'S UNIQUE TO THIS BECAUSE OF THE SHAPE, BUT THERE, THERE'S JUST A LOT OF 50 FOOT LOTS ALONG Z ZAMORA. SO I DON'T THINK I'M GONNA BE THE FIRST ONE TO COME ASK FOR SOME OF THIS. YEAH, I, I WAS GONNA SAY, JUST TO CHIME IN FOR THE BOARD'S CONSIDERATION, THE SUBJECT PROPERTY THAT YOU'RE LOOKING AT WAS INITIALLY SUBDIVIDED AS RESIDENTIAL. AND AS THAT CORRIDOR HAS GROWN OVER THE YEARS, A LOT OF THOSE CORNER PROPERTIES HAVE BECOME COMMERCIAL. SO THERE IS AN INHERENT CONFLICT IN TRYING TO APPLY COMMERCIAL DESIGN STANDARDS TO LOTS THAT WERE INITIALLY CONTEMPLATED FOR RESIDENTIAL DEVELOPMENT. YEAH. ALL RIGHT. SO IS THERE ANY VOICEMAILS OR ANYONE SIGNED UP? NO PUBLIC COMMENT. ALRIGHT. IS THERE ANY FURTHER QUESTIONS FROM THE COMMISSION? WELL, I STILL HAVE A QUESTION. OH. SO YEAH, I'M COMMISSIONER MAN. SO, AND GOING BACK TO THE QUESTION WITH REGARDS TO, YOU KNOW, THE PLACING OF THE, OF THE STRUCTURE. SO AS YOU KNOW, PERMITTING IS PERMANENT, I GUESS, OR AT VARIANCES ARE PERMANENT. MM-HMM. . AND SO, SO AS WE LOOK AT BUILDINGS, YOU KNOW, UM, BY GRANTING, UM, I GUESS THAT'S THE BUFFER SPACE. DOES THAT CHANGE WHERE IT IS THAT BUILDING CAN BE PLACED LONG TERM? SO SAY THAT, SO THAT ANOTHER BUILDING WANTS TO BE PUT HERE IN THE FUTURE, UM, WOULD IT BE ABLE TO BE CLOSER TO THE STREET BY, YOU KNOW, SPECIFICALLY FOR THAT, FOR THE STRUCTURE ITSELF? NO. SO THERE'S A COUPLE, A COUPLE THINGS TO POINT OUT. UM, THERE'S THE SEVEN FOOT BUFFER YARD ON THE WEST. SO WE'VE BUTTED THE BUILDING AS FAR WEST AS WE CAN. IT'S LITERALLY ON THAT LINE. BUT THERE'S ALSO A 20 FOOT BUILDING SETBACK THAT RUNS ALONG AS OUR ZAMORA, WHICH IS THE, THE BOUNDING SIDE OF OUR EAST SIDE. THE OTHER PERFECT. THAT'S ALL. KNOW THEN WE'RE GOOD. YEAH, WE'RE GOOD THEN. SO I JUST WANTED TO MAKE SURE THAT WE AREN'T, YOU KNOW, ENCROACHING THAT THIS DIALOGUE WOULDN'T ENCROACH THE BUILDING INTO, YOU KNOW, TOWARDS ZAMORA. SO I THINK YOU JUST ANSWERED THAT QUESTION. THE 20 FOOT, THAT'S A PLATTED BUILDING SETBACK. THAT'S THE, I THINK THAT'S THE, ALONG AS ZAMORA IS THE SETBACK FROM THAT STAND. SO THE C ONE HAS A ZERO SETBACK. IT HAS A 20 FOOT MAXIMUM SETBACK. SO IF HE DID NOT HAVE THIS, UM, BUFFER IN THE FUTURE, OBVIOUSLY NOT TALKING ABOUT THE PARKING SPACES, THEY COULD PUT THE, UH, BUILDING ALL THE WAY TO THE PROPERTY LINE WITHOUT THE BUFFER. WITHOUT, YEAH. SO YEAH, THAT'S WHAT I WAS CURIOUS ABOUT. SO THE, THE, IF, IF HE HAD TO DO THE BUFFER, THE BUILDING WOULD ALMOST HAVE TO BE IN THE SAME PLACE. IF HE DOESN'T HAVE THE BUFFER, HE CAN MOVE THE BUILDING CLOSER, BUT THEN HE STILL HAS TO HAVE A DRIVE SOMEWHERE. YEAH. AND THE OTHER THING I'D POINT OUT TOO, IS THERE, THE EXISTING RESTAURANT THAT'S FUNCTIONING NOW IS THIS BOX HERE. SO WE'RE ACTUALLY FURTHER BACK THAN THE EXISTING BUILDING THAT IS THERE NOW. AND THERE IS A DRIVE THAT GOES SORT OF FROM THE PARKING LOT THROUGH TO FISH. YEAH. AND ARE, AND FROM THE BEFORE AND THE AFTER, YOU'RE INCREASING LANDSCAPING, INCREASING LANDSCAPING, REDUCING BUILDING FOOTAGE, AND IMPROVING PARKING. SO WE STUDIED THIS QUITE A WHILE AND I THINK THIS IS THE BEST WE CAN MAKE ON THE SIDE. COMMISSIONER MANDA, DO YOU HAVE ANY ADDITIONAL QUESTIONS? YEAH, I GUESS, YOU KNOW, SO JUST THE OVERALL PERSPECTIVE OF LONG-TERM VIEW OF WHAT WE WANT, YOU KNOW, THIS, THE STREETSCAPE OF, THAT'S THE WORD LOOK LIKE AND YOU KNOW, SO WE REALLY DON'T HAVE THAT. AND SO WE'RE KIND OF, YOU KNOW, I JUST, JUST TRY TO BE CAUTIOUS, UH, CONSCIENTIOUS OF THAT AND CAUTIOUS AS WE MAKE THESE KIND OF, UM, UM, CHANGES. AND SO WE ARE BASICALLY ENABLING IT BY CHANGING THE, THE, UH, BUFFER SPACE. SO, OR, OR ALLOWING FOR THAT AT, AT SOME POINT IN THE FUTURE. BUT, BUT I'LL BE FINE WITH IT. ALRIGHT, SO WITH THAT, I'M LOOKING FOR A MOTION. THANKS CRUZ. COMMISSIONER CRUZ, [02:15:01] REGARDING CASE NUMBER BO OA 24 1 0 3 0 0 1 3 5. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE, A 15 FOOT VARIANCE FROM THE REQUIRED 15 FOOT BUFFER REQUIREMENT TO ALLOW THE ILI ELIMINATION OF A BUFFER ON THE FRONT OF THE PROPERTY ALONG SOUTH, SOUTH OF MORRIS STREET AND PROVIDE A THREE FOOT LANDSCAPE ISLAND ALONG THE FRONT PROPERTY LINE SITUATED 57 0 7 SOUTHMORE STREET, APPLICANT BEING STEVEN JACOB SCARLIN. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY THE REDUCED LANDSCAPE BUFFER THAT WILL BE LOCATED ALONG THE FRONT PROPERTY LINE WITH A THREE FOOT LANDSCAPE VIOLIN AND THEREFORE IS NOT CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO THE SPECIAL CONDITIONS, THE LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE FULL LANDSCAPE BUFFER WOULD REDUCE THE AMOUNT OF SPACE THE APPLICANT COULD BUILD ON THE PROPERTY. THREE, THE BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND THE SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE REDUCED LANDSCAPE BUFFER WILL OBSERVE THE SPIRIT OF THE ORDINANCE AS THERE WILL STILL BE A THREE FOOT LANDSCAPE. VIOLIN ALONG THE FRONT PROPERTY LINE FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH PROPERTY IS LOCATED. THE ELIMINATION OF THE LANDSCAPE BUFFER WITH A THREE FOOT LANDSCAPE VIOLIN ALONG THE FRONT PROPERTY LINE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT SIX PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT. IS U2 UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OR RESULTS OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FIND SUPPLY OF THE OWNER OF THE PROPERTY FOR WHICH THE REDUCED LANDSCAPE VARIANCE ASSAULT IS DUE TO UNIQUE C CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE LOCATION OF THE EXISTING BUILDING. AND A MOTION IS THERE. SECOND. SECOND, SECOND. GOODBYE. COMMISSIONER MANNA. COMMISSIONER CRUZ? MM-HMM. . I CONCUR WITH THIS, UH, PROJECT. UH, I KNOW WHAT THEY'VE BEEN TRYING TO DO AND I KNOW THAT, UH, IT'S TAKEN THEM A LOT LONGER THAN WHAT HE HAD EXPECTED. BUT I THINK ONCE THE, UH, NEW, NEW BUILDING IS IN PLACE, EVERYBODY WILL ENJOY THAT NEW BUILDING. THANK YOU. COMMISSIONER MAYON? UM, I WILL BE VOTING IN FAVOR OF THIS AS WELL. I, UM, I GENERALLY SIDE OF THE NEIGHBORHOOD, BUT LOOKING AT WHAT IT IS THAT HE'S PLANNING TO PUT UP, IT DOES COMPLY WITH WHAT IT IS THAT HE'S REALLY, UM, I GUESS PERMITTED BY, UH, WITH REGARDS TO THE SETBACK, YOU KNOW, IN THE CURRENT SETUP. SO I THINK THAT'S, THAT'S FINE. AND I THINK LOOKING AT THE REST OF THE SALES MORE, IT'S NOT GONNA BE OUT OF CHARACTER WITH THE REST OF THE STREET. BUT I AM P YOU KNOW, CAUTIOUSLY OPTIMISTIC THAT YOU KNOW THAT THIS, THIS BUILDING LASTS FOR A LONG TIME AND WON'T CHANGE IN THE LONG TERM. SO I'LL BE VOTING IN FAVOR. ALL RIGHT. ANY OTHER COMMISSION LIKE TO ADD, UH, HEARING NONE HAVE ROLL CALL, VOTE PLEASE. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER MANA. I CONCUR WITH THE FINES OF FACT. COMMISSIONER BURTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER BANEZ? I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER SI CONCUR. COMMISSIONER ZUNA. I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER EZ. I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINES. AND FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. [ Approval of Minutes  ] UM, NEXT UP IS THE MINUTES. UH, DOES ANY ANYBODY HAVE ANY ADDITIONAL COMMENTS ON THE MINUTES? HEARING NONE. I SPENT ONE MINOR CHANGE, BUT UH, IT WAS TAKEN INTO ACCOUNT WITH THE CURRENT, WITH WHAT'S CURRENTLY LISTED. SO, UM, WITH THAT I DIDN'T SEE ANY OF THE CHANGES NEEDED. ALRIGHT, SO I'M LOOKING FOR A MOTION. MOVE APPROVAL. OKAY, SECOND AND A SECOND BY COMMISSIONER CRUZ. ALL IN FAVOR SAY AYE. AYE. AYE. UH, AND I'LL BE ABSTAINING 'CAUSE I [02:20:01] WAS NOT THERE. AND SO WE HAVE, UH, 10 EYES AND ONE ABSTENTION. ALL RIGHT. MOTION PASSES. MINUTES ARE PASSED. IS THERE A DIRECTOR'S REPORT? NO. DIRECTOR'S REPORT. WELL, ALL RIGHT THEN. UM, IS, UH, I JUST WANTED TO ASK, UH, FOR STAFF. I IS THERE, WE HAVE A NEW, UM, DIRECTOR OF DEVELOPMENT SERVICES NOW. COULD GIVE US A SHORT UPDATE ON WHAT'S GOING ON WITH, WITH THE LEADERSHIP ? YES. UH, YEAH. SO, UH, WHAT HAS IT BEEN, BEEN ABOUT A MONTH NOW, THREE WEEKS OR SO? UH, OUR DIRECTOR, UH, MICHAEL SHANNON, UH, WAS ASKED BY THE CITY MANAGER TO, UH, TEMPORARILY HEAD OVER AND MANAGE ANIMAL CARE SERVICES DEPARTMENT, UH, UNTIL THEY'RE ABLE TO FIND A PERMANENT, UH, UH, REPLACEMENT FOR THAT POSITION. SO, AS A RESULT OF MIKE MOVING OVER TO AC, UH, AMIN TAMAZ, OUR DEPUTY DIRECTOR IS NOW THE INTERIM DIRECTOR FOR DEVELOPMENT SERVICES. UH, MELISSA RAMIREZ, WHO IS OUR ASSISTANT DIRECTOR FOR LAND DEVELOPMENT, HAS STEPPED INTO HIS DEPUTY DIRECTOR ROLE. UH, AND SHE'LL BE SEEING THE FIELD SERVICES, SO CODE ENFORCEMENT, UH, INSPECTIONS. UH, AND THEN I'VE BEEN ASKED, UH, IN THIS INTERIM ASSIGNMENT TO TAKE OVER AS ASSISTANT DIRECTOR FOR LAND DEVELOPMENT. OKAY. UH, TEMPORARY ASSIGNMENT. UH, WE'VE BEEN TOLD TO EXPECT PROBABLY THREE TO SIX MONTHS IN TOTAL, BUT YOU KNOW, WE WILL MONITOR THAT AS THE CITY MANAGER'S OFFICE TRIES TO FILL THAT A CS POSITION. ALRIGHT, WELL THAT'S, I KNEW SOMETHING WAS WAS GOING ON, BUT I JUST WANTED TO I GET HEAR IT. OH YEAH. YOU WEREN'T HERE AT THE LAST MEETING HE ANNOUNCED. I KNOW. I'M SORRY. ANYWAY, SO, LOGAN, SINCE YOU'RE GONNA BE THE SECOND IN CHARGE, THAT MEANS WE GET A NICE CHRISTMAS PRESENT. RIGHT? IT'S LIKE THIRD AND THIRD. . . WELL, ALL RIGHT. WELL, IT IS, IT IS 3 31. WE ARE HEREBY ADJOURNED. 3 31. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.