* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:03] ALL RIGHT. IT'S ONE OH TWO. I HEREBY CALL THIS MEETING THE BOARD OF ADJUSTMENTS AND DE DISCUSSION. CAN WE HAVE THE SPANISH INTERPRETER COME OUT PLEASE? GOOD AFTERNOON EVERYONE. THANK YOU SO MUCH. THANK YOU VERY MUCH. STAFF, IF YOU COULD PLEASE CALL ROLL COMMISSIONER. COMMISSIONER BARRINGTON HERE. COMMISSIONER STEVENS. COMMISSIONER IBANEZ PRESENT. COMMISSIONER DEAN PRESENT. COMMISSIONER CRUZ HERE. COMMISSIONER GOMEZ. COMMISSIONER MANNA PRESENT. COMMISSIONER BREGMAN PRESENT. COMMISSIONER BENAVIDEZ PRESENT. COMMISSIONER OZUNA PRESENT. COMMISSIONER VASQUEZ, PRESENT CHAIR ORIAN. AND I'M PRESENT. UH, IT LOOKS LIKE WE HAVE 10. UH, ARE WE EXPECTING ANYONE ELSE? WE ARE. ONE MORE. OKAY. WELL, IF EVERYONE COULD PLEASE STAND AND JOIN ME. UH, IN THE PLEDGE, I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD ONE AND INTO THIS ROLL. SO BEFORE WE PROCEED WITH TODAY'S CASES, I LIKE TO OFFER A FEW WORDS OF EXPLANATION. THIS BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND THE STREET ADDRESS. FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT. LASTLY, AS CHAIR, I'LL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS. I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS THE CHAIR, AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING. WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL. THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELEASE SOUGHT, AND WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE IN AN ADVISORY AND AN APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS OR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE. IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD. BUT ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER. AFTER EVERYONE HAS HEARD THE CASE WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION, EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION. AN 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 GRANTING THE RELIEF SOUGHT RESTS WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUESTED RELEASE SHALL BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL. SPECIAL EXCEPTIONS OF VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW. BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S. DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. PLEASE LIMIT YOUR PRESENTATIONS TO THE PERTINENT FACTS OF YOUR CASE STAFF. [ Briefing and Possible Action on the following items  ] GOOD AFTERNOON. EACH STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST. PRIOR PRESENTATION INCLUDES A MAP THAT WILL SHOW THE AREA TO BE CONSIDERED FOR THE VARIANCE, SPECIAL EXEMPTION OR APPEAL AND PROPERTY WITHIN 200 FEET OF THE SUBJECT PROPERTY CHECK MARKS. INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION. FOLLOWING THIS PRESENTATION AND ANY OTHER QUESTIONS ABOUT A BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST FOR THOSE I SIGN UP TO SPEAK FOR OR AGAINST A PROPOSED VARIANCE, SPECIAL EXEMPTION OR APPEAL. YOU'LL BE CALLED IN THE ORDER YOU SIGN UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOTTED MAXIMUM THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION. BUT THOSE I [00:05:01] WOULD LIKE TO GIVE THEIR TIME TO A SPEAKER, THAT SPEAKER WILL BE ALL ALLOWED OF MAXIMUM TO PEOPLE GIVEN OUT THEIR TIME FOR A TOTAL OF NINE MINUTES. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD OF QUESTIONS. THANK YOU, CHAIRMAN. YES. UH, SO THE FIRST UH, ITEM THAT WE'RE GONNA TALK ABOUT TODAY IS ITEM THREE AND THEN ITEM NUMBER NINE, WHICH ARE REQUESTING CONTINUANCES. SO IF THERE UNLESS ANYONE SIGN UP TO SPEAK, UH, SINCE PREVIOUSLY ASKING IF STAFF COULD MAKE A BRIEF PRESENTATION, I UNDERSTAND THEY'RE ASKING UNTIL OCTOBER 7TH. RIGHT. AND THERE'S NO PUBLIC COMMENT ON EITHER ONE OF THOSE. OKAY. SO ITEM NUMBER THREE, LOCATED AT 13 $17 GREEN AVENUE, UH, REQUEST BY MARIO NICHOLS FOR A TWO AND A HALF, TWO FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A TWO FOOT SIX INCH SIDE SETBACK ON THE NORTH AND SOUTHERN PROPERTY LINES. AND ITEM NUMBER NINE IS A REQUEST, UM, LOCATED AT 2 0 3 AND 2 0 5 TOLEDO STREET. APPLICANT BEING ALBERT FUQUA FOR A TWO FOOT VARI FOR A FIVE FOOT SIZE SETBACK TO ALLOW RESIDENTIAL DEVELOPMENT FOR A THREE FOOT SOUTHERN SIDE SETBACK AND A ONE FOOT VARIANT FOR THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A FOUR FOOT SIDE SETBACK. UH, BOTH OF THESE REQUESTS ARE FOR OCTOBER, CONTINUE TO OCTOBER 7TH. ALL RIGHT, I'M LOOKING FOR A MOTION FOR BOTH ITEMS THREE AND NINE TO BE CONTINUED TILL OCTOBER 7TH. SO MOVED. SECOND BARTON WITH THE SECOND BY COMMISSIONER CRUZ. UH, ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? SAYING AYE. HEARING NONE. UH, MOTION PASSES. BOTH ITEMS ARE CONTINUED. UH, RIGHT NOW WE HAVE, UH, JUST FOR MEMBERS OF THE GALLERY, WE HAVE 10 COMMISSIONERS PRESENT. WE ARE EXPECTING ONE MORE. AND BECAUSE WE DON'T HAVE A FULL HOUSE AS OF YET, WE'RE GOING TO MOVE TO THE FIRST ITEM THAT IS, UH, REFLECTING A FULL APPROVAL BY STAFF, WHICH, UH, WHAT I CAN TELL IS ITEM NUMBER FOUR. SO IF WE COULD START WITH ITEM NUMBER FOUR, PLEASE. OKAY. ITEM NUMBER FOUR, BO OA DASH 24 DASH 0 3 0 0 1 4 5. ADDRESS IS 1702 MOUNT JOY DRIVE COUNCIL, DISTRICT NINE, APPLICANT BEING KILLEN GRIFFIN AND FAIRMONT PLLC. AND A REQUEST FOR A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT CAR CARPORT SETBACK TO ALLOW A CARPORT TO BE ONE INCH BE WITH A ONE INCH SETBACK. UH, ZONING IS R SIX. SUBJECT PROPERTY IS LOCATED EAST OF HIGHWAY 2 81 NORTH OF THOUSAND OAKS DRIVE ON THE CORNER OF SUMMER WOOD DRIVE AND MOUNT DOY STREET ON MAY 12TH, 2022. THE PROPERTY OWNER WAS CITED BY CODE ENFORCEMENT FOR BUILDING A CARPORT WITHOUT A PERMIT ON MAY 19TH, 2022. THE PROPERTY OWNER WAS ERRONEOUSLY ISSUED A RESIDENTIAL IMPROVEMENT PERMIT FOR THE CARPORT DUE TO AN ADMINISTRATIVE ERROR THE APPLICANT WAS SEEKING IS SEEKING A NINE FOOT 11 INCH VARIANCE TO ALLOW AN ATTACHED CARPORT TO BE ONE INCH FROM THE SIDE SETBACK OF THE PROPERTY LINE. THIS REQUEST WAS ORIGINALLY DENIED BY THE BOARD OF ADJUSTMENT ON MAY 20TH, UH, 2024. UM, ITEM NUMBER BO OA DASH 24 DASH 0 3 0 0 0 7 8. HOWEVER, THE APPLICANT REQUESTED TO WAIVE, UH, THE 12 MONTH TIME LIMITATION, WHICH WAS APPROVED, UM, ON AUGUST 19TH, 2024. PERMIT IS PENDING BOARD OF ADJUSTMENT DECISION. SITE PLAN, UH, THIS IS THE ENCROACHING PERMIT SUBJECT PROPERTY. THIS IS THE VIEW FROM, UH, MOUNT JOY STREET TO SUMMER. WOOD DRIVE IN THE INTERSECTION HAVE VIEW CROSSED FROM, UH, MOUNT JOY STREET, AND THIS IS THE SURROUNDING AREA FOR THE CARPORT SETBACK VARIANCE. UH, STAFF RECOMMENDS APPROVAL ON BO OA DASH 24 DASH 0 3 0 0 0. THIS IS SUPPOSED TO BE, UH, 1 4 5 BASED ON THE FOLLOWING FINDINGS OF FACT, THE LOCATION OF THE CARPORT POSES INTO A HINDRANCE IN THE DRIVEWAY, CLEAR VISION OR IMPEDES NEIGHBORING PROPERTIES. AND TWO, THE ATTACHED CARPORT, UH, ONE INCH SETBACK DOES, WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. [00:10:01] 14. STAFF MAILED 14 NOTICES. 11 WERE IN FAVOR. UM, WE HAD NINE IN FAVOR THAT WERE OUTSIDE THE, UH, 200 FEET, UH, PROPERTY OF THE PROPERTY. UM, ZERO IN OPPOSITION AND NO REGISTERED NEIGHBORHOOD ASSOCIATION IS WITHIN 200 FEET OF THIS PROPERTY. AND THESE ARE THE IN FAVOR. AND THIS CONCLUDES STAFF'S PRESENTATION. APPLICANT IS AVAILABLE FOR QUESTIONS. GREAT. UH, THANK YOU VERY MUCH. THIS HAVE THE APPLICANT COME FORWARD. GOOD AFTERNOON. UH, MR. CHAIR, BOARD MEMBERS, MY NAME IS ROB KILLEN. I'M AN ATTORNEY LAW FIRM FOR KILLEN GRIFFIN IN FAIRMONT. OUR ADDRESS IS 1 0 1 0 1 REUNION PLACE HERE ON BEHALF OF, UH, ERNIE FLORES AND HIS MOM WHO OWNED THE PROPERTY AND LIVE THERE. ERNIE, YOU JUST MRS. FLORES. THANK YOU VERY MUCH. UH, SO, UH, APPRECIATE THE OPPORTUNITY. WE WERE HERE THREE WEEKS AGO, UH, AND ASKED TO COME BACK BEFORE YOU AND APPRECIATE THIS OPPORTUNITY TO COME BACK. UM, JUST GONNA GO THROUGH THESE, UH, ISSUES REAL QUICK. I THINK I'VE GOT CONTROL HERE. I DO. UH, SO AS YOU KNOW, WE'RE ASKING FOR A VARIANCE, UH, FROM THE SIDE SETBACK. UH, THE PROPERTY IS LOCATED, THIS IS 2 81 AND 1604. SO WE'RE THERE AT THE SOUTHEAST CORNER RIGHT ACROSS FROM HOLLYWOOD PARK. THIS IS IN CITY COUNCIL DISTRICT NINE. HERE YOU CAN SEE THE PROPERTY OUTLINED IN BLUE ON THE SCREEN. IT IS AT THE INTERSECTION OF SUMMER WOOD AND MOUNT JOY'S COUNTER. ITS CORNER PROPERTY. IT IS CURRENTLY ZONED AND WILL REMAIN ZONED. UH, R SIX E, RZ D UH, SO HERE'S THE PROPERTY. SO THIS HOUSE WAS BUILT IN 2002. UH, ERNIE UH, BOUGHT THE PROPERTY IN 2019, AND IN 2020 HE PUT UP A CARPORT, UH, THAT IS THE SUBJECT OF OUR, UH, VARIANCE REQUEST. AND SO THIS IS, UH, THE PICTURE ON THE LEFT IS A VIEW FROM MOUNT JOY, WHERE THE HOUSE FRONTS, AND ON THE RIGHT WE'RE LOOKING PARALLEL TO SUMMER WOOD, WHICH IS THE SIDE OF THE HOUSE. IT IS THE CARPORT THAT IS IN THE FOREGROUND, UH, THAT WE ARE ASKING FOR A VARIANCE. THE ONE IN THE BACKGROUND I'LL TALK ABOUT IN JUST A MINUTE. BUT WE HAVE REMOVED THAT CARPORT. UH, JUST TO GIVE YOU SOME HISTORICAL PERSPECTIVE, I PROVIDED THESE PICTURES, UH, WHEN I WAS HERE THREE WEEKS AGO. BUT IF YOU'LL USE THE PLANTER WITH THE TREES AS KIND OF A POINT OF REFERENCE, THESE ARE, UH, GOOGLE STREET VIEW PICTURES FROM THIS ONE'S FROM 2011, UH, 2014. UH, THIS IS 2019, UH, RIGHT BEFORE ERNIE BOUGHT THE HOUSE. AND IF YOU LOOK AT THE PLANTERS, YOU CAN SEE THAT IT REALLY LOOKS LIKE THAT'S BEEN THE EDGE OF THE YARD, UH, FOR MANY, MANY YEARS. AND IT HAS BEEN TREATED CERTAINLY AS PART OF THE YARD. AND HERE ARE THE CARPORTS THAT WERE BUILT. YOU CAN SEE THE ONE ON THE RIGHT, THE ONE THAT HAS SINCE BEEN REMOVED. AND I'LL SHOW YOU THAT PICTURE IN A MINUTE. GOES TO ABOUT THE EDGE, THE FAR EDGE OF THE PLANTER. AND THE ONE ON THE LEFT WHERE WE'RE ASKING FOR VARIANCE DOESN'T GO TO, GOES TO ABOUT THE START OF THE PLANTER. I'LL SHOW YOU THAT IN JUST A SECOND. SO HERE YOU CAN SEE THIS IS SURVEY. YOU CAN SEE THE HOUSE. THERE'S A, A DETACHED GARAGE. UH, YOU CAN SEE SUMMER WOOD DRIVE, AND YOU CAN SEE THE, THE PLANTERS. UNFORTUNATELY, THAT THICK BLACK LINE RUNNING UP AND DOWN, THAT'S THE EDGE OF THE RIGHT OF WAY. AND SO FOR A REASONABLE PERSON LIKE ERNIE, UH, HE WOULD'VE THOUGHT AS PREVIOUS PROPERTY OWNERS DID, AS THEY KEPT IT AND IMPROVED IT, THAT THAT WAS PART OF THE YARD. IT WASN'T. AND EVEN THOUGH, UH, WE'RE NOT ENCROACHING INTO THE STREET, WE'RE CERTAINLY THERE AT THE EDGE OF THE RIGHT OF WAY. AGAIN, UH, AN INNOCENT MISTAKE. UH, SO TALK ABOUT THE SECOND CARPORT. WHEN I WAS HERE THREE WEEKS AGO, I TALKED ABOUT THE FACT THAT WE'RE IN THE PROCESS OF REMOVING THAT SECOND CARPORT. THAT'S THE ONE OUTLINED IN BLUE IN THE PICTURE TO THE LEFT. AND IN THE ORANGE ARROW KIND OF POINTING TOWARDS IT, THAT'S THE ONE THAT IS CLOSER TO THE EDGE OF SUMMER WOOD. UH, THIS IS A DEMO PERMIT I SHOWED YOU. AND THEN AFTER WE WERE AT THE HEARING THREE WEEKS AGO, WE HAVE NOW, UH, REMOVED THAT CARPORT. SO THAT HAS GONE. WE DON'T NEED A VARIANCE FOR IT. IT'S OUT. UH, TALKED A LITTLE BIT, UH, YOU TALKED ABOUT THIS AT YOUR HEARING, UH, LAST TIME MR. FLORES WAS HERE. WE TALKED ABOUT IT A LITTLE BIT IN TERMS OF THE NEW INFORMATION WE'RE HERE THREE WEEKS AGO. AND THAT IS AN ALTERNATIVE LOCATION FOR A CARPORT AND DRIVEWAY. SO WE'RE LOOKING AT THE FRONT OF THE HOUSE. IF YOU COULD SEE ON THE LEFT, THERE'S A UTILITY POLE. THERE ARE UTILITY LINES, THERE ARE ALSO SOME UNDERGROUND, UH, UTILITY LINES. THERE IS A TREE, IF YOU LOOK AT THE TREE CLOSEST TO THE HOUSE. AND THERE'S A TREE THAT'S A LITTLE BIT FURTHER BACK, ALSO PARALLEL TO THAT GRAVEL DRIVEWAY THAT'S EXISTING NOW. SO IF WE WERE TO PAVE THIS AND PUT A CARPORT THERE, UH, ONE WE'RE GONNA BE ADDING IMPERVIOUS COVER. AND TWO, WE, WE HAVE TO REMOVE AT LEAST ONE OF THOSE TREES. AND, UH, MAY HAVE TO REMOVE THE SECOND TREE, BUT CERTAINLY WOULD BE ENCROACHING INTO ITS, UH, ROOT PROTECTION ZONE WHEN YOU PAVE IT. UH, SO LET'S TALK ABOUT THE IMPERVIOUS COVER, UH, REMINDER. THIS IS IN THE EDWARDS AQUIFER RECHARGE ZONE, THE ERZD, UH, DISTRICT. SO THAT'S WHERE OUR PRINCIPAL SOURCE OF DRINKING WATER. SO WE HAVE A WATER [00:15:01] QUALITY ORDINANCE WAS ADOPTED IN 1995. AND ITS PURPOSE IS TO PROTECT WATER QUALITY. IT'S IN THE NAME. ONE OF THE WAYS WE PROTECT WATER QUALITY IN SAN ANTONIO IS BY LIMITING IMPERVIOUS COVER FOR NEW DEVELOPMENT. NOW, WHETHER THIS AND DEVELOPMENT IS BUILDINGS, ROADS, STRUCTURES, IMPERVIOUS COVER INCLUDES DRIVEWAYS. AND SO YOU LOOK AT ALL THE, ALL THE PAVEMENT, ALL THE STUFF WHERE WATER CAN'T SEEP THROUGH ON THE PROPERTY. AND THAT'S IMPERVIOUS COVER. AND THE MORE YOU HAVE, THE WORSE IT IS FOR OUR DRINKING. I DON'T, I DUNNO, THE SCIENCE BEHIND IT, I'M JUST A LAWYER, BUT, UH, I'LL LEAVE IT TO SMART FOLKS IN THE ROOM. BUT IT'S BAD TO NOT LET WATER GET INTO THE AQUIFER. AND SO, UH, WHEN YOU WANT TO ADD IMPERVIOUS COVER, GO TO SAWS AND SAWS MAKES A DETERMINATION. EITHER YOU'RE GRANDFATHERED FROM THE WATER QUALITY ORDINANCE, YOUR CATEGORY ONE, WHICH MEANS YOU CAN PAVE YOUR ENTIRE PROPERTY FROM ONE SIDE TO THE OTHER, OR YOU'RE NOT GRANDFATHERED. LIKE I SAID, THE ORDINANCE WINDOW EFFECT IN 1995 HOUSE WAS BUILT IN 2002 AS PLATTED BEFORE THAT MAY OR GRANDFATHERED MAY OR NOT. BUT AS A MATTER OF PUBLIC POLICY, WE WANT TO LIMIT IMPERVIOUS COVER PROTECT, IN THIS CASE WATER QUALITY. WE DO THAT IN OTHER PLACES. IN THE CODE, THOUGH, YOU LIMIT IMPERVIOUS COVER BECAUSE IT ADDS TO RUNOFF. IT'S A DRAINAGE ISSUE, IT'S A RUNOFF, IT'S A WATER QUANTITY AND A WATER, A WATER VELOCITY ISSUE. SO MORE IMPERVIOUS COVER GENERALLY IS BAD. MORE IMPERVIOUS COVER OF THE RECHARGE ZONE IS EXTRA BAD. UH, IF THIS IS A CATEGORY TWO PROPERTY, IT WOULD BE LIMITED TO 30% IMPERVIOUS COVER OVER THE RECHARGE ZONE. UH, TRY IT AGAIN. OH, I TRY AGAIN. THERE WE GO. UH, WE ALSO TALK ABOUT IMPERVIOUS COVER FROM A AN AESTHETIC STANDPOINT, UH, IN THE AMOUNT OF COVERAGE A DRIVEWAY CAN HAVE IN THE FRONT YARD. AND THE UDC TALKS ABOUT YOU WANNA AVOID THE DOMINATION OF FRONT YARDS BY LARGE EXPANSES OF IMPERVIOUS SURFACE, WHICH DEADEN THE STREETSCAPE AND DISCOURAGED PEDESTRIAN ACTIVITY. UH, THIS IS A SURVEY. YOU CAN SEE, UH, HOW MUCH OF THE PROPERTY IS COVERED. YOU'VE GOT THE HOUSE DETACHED GARAGE, YOU'VE GOT SOME SHEDS, UH, SOME OTHER PAVED AREAS. OUR ROUGH CALCULATIONS INTERNALLY, IT'S ABOUT 30%, MAYBE A LITTLE BIT LESS THAN 30% RIGHT NOW. BUT CERTAINLY IF WE WERE TO BUILD A DRIVEWAY IN THE FRONT AND PUT THAT, UH, DRIVEWAY STRUCTURE WITH A CARPORT, THAT WOULD EXCEED THE 30% IMPERVIOUS COVER. UH, TREE PRESERVATION. UH, WE HAVE A GENERAL POLICY IN THE CITY TO SAVE AS MANY TREES AS WE CAN. NOW THAT DOES NOT APPLY TO SINGLE FAMILY HOMEOWNERS. MR. FLORES LIVES IN THE HOUSE. HE COULD REMOVE EVERY SINGLE TREE IF HE WANTED TO. HE DOESN'T WANT, HE LOVES HIS TREES. IT'S BEAUTIFUL NEIGHBORHOOD, BEAUTIFUL TREES. HE'S GOT ALL THE DEER IN THERE. UH, BUT AS A MATTER OF RIGHT, HE COULD REMOVE TREES. BUT WE WANNA SAVE TREES WHEN WE CAN. WE WANNA GRANT VARIANCES. AND THERE'S A PRECEDENT FOR GRANTING VARIANCES TO SAVE TREES. AND JUST REMIND YOU, YOU THAT WE'VE GOT THAT TREE THAT IF WE WERE TO PUT A DRIVEWAY WHERE THAT GRAVEL DRIVE IS NOW IT TO BE WIDE ENOUGH TO SUPPORT A CARPORT, YOU WOULD REMOVE AT LEAST ONE TREE AND CERTAINLY BE VERY CLOSE. IF NOT REMOVING THAT SECOND TREE THERE. KIND OF MIDWAY POINT NEIGHBORHOOD OUTREACH. SO WE TALKED A LOT ABOUT, UH, NEIGHBORHOOD OUTREACH AT THE LAST MEETING. AND I'D MENTIONED THAT MR. FLORES HAD GONE OUT TO HIS NEIGHBORS BEFORE HE WAS HERE THE FIRST TIME. BUT HE DIDN'T KNOW HOW TO MEMORIALIZE THAT IN AN EFFECTIVE KIND OF WAY. SO WHEN YOU HEARD HIS CASE THE FIRST TIME HE HAD NEIGHBORHOOD SUPPORT, HE JUST DIDN'T DEMONSTRATE IT IN A WAY THAT WAS MEANINGFUL. BUT SUBSEQUENT, AND I APPRECIATE, UH, MR. MAN'S COMMENTS. SUBSEQUENT TO OUR MEETING, UH, THREE WEEKS AGO, WE REACHED OUT, UH, THERE'S NO REGISTERED NEIGHBORHOOD ASSOCIATION. WE REACHED OUT TO MS. MALCOLM, WHO IS THE REPRESENTATIVE FOR THE UNREGISTERED GROUP. UH, LEFT HER VOICEMAIL. TWO DAYS LATER, SHE CALLED BACK AND SAID SHE WANNA TALK TO US ABOUT THIS CASE. UH, SO WE CONTACTED COUNCILMAN COURAGE. COUNCILMAN COURAGE IS THE COUNCILMAN FOR THIS DISTRICT. HE SAID, DO YOU HAVE ANYBODY ELSE WHO'S ASSOCIATED WITH KENT WOOD MANOR IN THE NEIGHBORHOOD? HE SAID, WELL, THERE'S THIS GUY, ROLAND SALAZAR. SO I REACHED OUT TO HIM. WE GOT THE INFORMATION LAST WEEK, REACHED OUT TO HIM IMMEDIATELY, HAVE NOT HEARD BACK. UM, WHAT I DID SHOW YOU THREE WEEKS AGO IS THE DEMONSTRATED SUPPORT AND STAFF PUT THIS UP IN THEIR PRESENTATION, WHICH WE APPRECIATE ALL THE FOLKS WHO HAVE SIGNED A PETITION IN SUPPORT OF THIS VARIANCE. AND OF COURSE, YOU'VE GOT, UH, 20 NOTICES IN FAVOR AND ZERO IN OPPOSITION. SO WE THINK THAT, UH, ERNIE'S DONE A PRETTY GOOD JOB REACHING OUT TO THE NEIGHBORS. UNFORTUNATELY, KENT WOULD MANNER AGAIN SAID THEY DIDN'T WANNA COMMUNICATE WITH US, AND OUR ALTERNATIVE, UH, HAS NOT RESPONDED. SO WE TALKED THROUGH THE VARIANCE CRITERIA. STAFF DID A REALLY GREAT JOB IN THEIR REPORT. SO I JUST COPIED AND PASTED THANK YOU, UH, ON THESE. BUT I, I'LL GO INTO A LITTLE BIT MORE DETAIL. UH, CONTRARY TO PUBLIC INTEREST, IT'S NOT, IT'S NOT GONNA IMPEDE ON THE CLEAR VISION REQUIREMENTS. HERE'S THE CARPORT. YOU CAN SEE THAT IT'S NOT OBSTRUCTING VISION FOR FOLKS DRIVING UP AND DOWN SUMMER WOOD. I WANNA MENTION THIS CASE. IT'S AN OLD CASE. IT'S 1978 CASES, A VARIANCE. AND THIS IS IN THE LINE OF CASES THAT TALK ABOUT SWIMMING POOLS AND TENNIS COURTS AND SHEDS AND OTHER KIND OF ACCESSORY STRUCTURES ON YOUR PROPERTY. UH, THE KEELS, UH, [00:20:01] WERE HOMEOWNERS. AND THE COURT SAID IN THAT CASE, KEELS ARE ENTITLED TO USE THEIR PROPERTY, UH, TO THE FULLEST AS IT RELATES TO A FAMILY DWELLING AND ALL THOSE KIND OF ACCESSORY USES. SO IT'S YOUR GARAGE, YOUR CARPORT, YOUR SWIMMING POOLS, TENNIS COURTS, UM, UNNECESSARY HARDSHIP. WELL, THEY CAN'T BUILD, UH, THEIR CARPORT WITHOUT THIS VARIANCE. AND SO HERE'S A MORE RECENT CASE. THIS 2018, UH, BOGLER, THE CITY OF LA MESA, IN THIS CASE, THERE WERE A COUPLE OF MR. AND MRS. BARRA. THEY WANTED TO BUILD A CARPORT 25 FOOT BY 25 FOOT METAL CARPORT. AND IT'S GONNA GO FROM THE SIDEWALK TO THE EDGE OF THE GARAGE. AND THAT ZONING ORDINANCE IN LA MESA WAS 25 FOOT SETBACK. SO I WENT TO THEIR BOARD OF ADJUSTMENTS, BOARD OF ADJUSTMENT, LOOKED AT IT, IT WAS ULTIMATELY CHALLENGED IN COURT. AND THE COURT LOOKED AT IT AND SAID, WELL, HEY, LOOK, THE BOARD LOOKED AT THIS. AND THEY SAID THAT WITHOUT THIS VARIANCE, THOSE VEHICLES WOULD BE OUT IN THE WEATHER AND SUBJECT TO DAMAGE OR DESTRUCTION, COURT UPHELD THAT DECISION TO GRANT THE VARIANCE. SO THIS IS THE LO MESSA PROPERTY. THIS IS THE, THIS IS THE VARAS HOUSE. YOU CAN SEE THEY'RE ON A CORNER JUST LIKE, UH, MR. FLORES. AND THEY'VE GOT A GARAGE. I MEAN, THEY'VE GOT A GARAGE WITH A CARPORT BUTTED UP, UH, RIGHT AGAINST IT. SO, VERY SIMILAR TO THE FACTS IN OUR CASE, UH, SUBSTANTIAL JUSTICE BE DONE. AGAIN, UH, NO HINDRANCE. THE DRIVEWAY CLEAR VISION AREA. I WANNA MENTION AGAIN THAT CARPORTS ARE KINDA A NATURAL ATTACHMENT TO YOUR PROPERTY. WE LIST THEM AS TYPICAL RESIDENTIAL STRUCTURES, ACCESSORY STRUCTURES IN THE UDC GARAGES AND CARPORTS AND FENCES AND SWIMMING POOLS, CAR, UH, SPORTS COURTS, ET CETERA. UM, AND SO THAT'S WHAT WE'RE DOING. WE'RE DOING SOMETHING THAT IS NORMALLY PART OF BEING A HOMEOWNER. UH, ANY USE THAT'S NOT ALREADY AUTHORIZED, IT'S R SIX, IT'S GONNA STAY R SIX. IT'S JUST A HOME. NOTHING'S GONNA CHANGE THERE. AND THEN, UH, THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR THE ESSENTIAL CHARACTER OF THE DISTRICT. AND IAN, I WOULD JUST POINT TO YOU, UH, THE NEIGHBORHOOD SUPPORT THAT WE'VE RECEIVED. I ENCOURAGE YOU TO CONSIDER THAT. AND THEN UNIQUE CIRCUMSTANCES. SO STAFF DID A GOOD JOB AND SAID, HEY LOOK, THIS IS A CORNER LOT. AND THAT IS UNIQUE. I LIKE TO ADD TO THAT. IT IS A CORNER LOT. WE HAVE AN EXTREMELY WIDE RIGHT OF WAY. WE'RE IN THE RECHARGE THOUGH. WE HAVE THESE EXISTING TREES AND WE HAVE THESE UTILITY LINES, ALL OF WHICH ARE CI CIRCUMSTANCES THAT ARE UNIQUE TO THIS PROPERTY. AND HERE'S A, A VIEW OF IT. FROM THE CORNER, YOU CAN SEE, UH, OBVIOUSLY UTILITY POLE, ANOTHER UTILITY POLE. YOU'VE GOT THE EXISTING TREES. UH, AND YOU CAN SEE HOW IT ALL KIND OF LAYS OUT, ALL OF WHICH, UH, WERE OUTSIDE MR. FLORES'S CONTROLLED. THEY WERE EXISTING CONDITIONS WHEN HE BOUGHT, UH, THE PROPERTY. AGAIN, GOING BACK TO THAT OLD KIMEL CASE, IT'S THE CONFIGURATION OF THE LOT THAT CREATES THE HARDSHIP. IT'S NOT JUST BECAUSE HE WANTS TO DO IT. THIS IS THE BEST LOCATION. THIS IS THE LOCATION THAT REQUIRES A VARIANCE. IT'S A LOCATION THAT DOES NOT REQUIRE REMOVAL OF TREES. IT'S LOCATION DOES NOT REQUIRE ANY ADDITIONAL IMPERVIOUS COVER. AND SO, UH, AGAIN, I CUT AND PASTE IT FROM STAFF. YOU GUYS RECOMMENDED APPROVAL AND THAT IS WHAT WE'RE ASKING THE BOARD TO DO TODAY. AND I'M HAPPY TO ANSWER ANY QUESTIONS. THANK YOU VERY MUCH. UH, STAFF, DID I SEE THAT THERE WAS A VOICEMAIL FOR ITEM FOUR? IT WAS, UH, FOUR VOICEMAILS. FOUR VOICEMAILS. OKAY. LET'S HEAR, LET'S HEAR THAT PLEASE. MORNING. MY NAME IS RICARDO RAMOS AND I AM CALLING TO, UH, GIVE MY SUPPORT FOR CASE NUMBER BOA 24 10 0 3 0 0 1 4 5. I HAVE THREE, UM, HOMES THAT ARE WITHIN THE 200 FEET, UM, UH, DIAMETER FOR THIS REQUEST. SO AGAIN, I AM, UM, PROVIDING MY APPROVAL OR SUPPORT FOR THE, THE VARIANCE, UH, ADDRESS IS 1702 POPPY PEAK, 1703 MOUNT JOY, AND 1719 SUMMER WOOD. AGAIN, MY NAME IS RICARDO RAMOS. I AM CALLING PROVIDING MY SUPPORT FOR THE VARIANCE REQUEST FOR AGAINST CASE NUMBER B OH A 24 1 0 3 0 0 1 4 5. THANK YOU. MY NAME IS LO ALEXANDER. I LIVE AT 1 7 1 1 SUMMER WOOD DRIVE, SEVEN EIGHT TWO THREE TWO. MY PHONE NUMBER IS (210) 494-3725. AND I'M CALLING TO MAKE COMMENTS ON CASE NUMBER DOA 2 4 1 0 3 0 0 1 4 5. I'M [00:25:01] SORRY, I GAVE YOU THE WHOLE THING. THAT'S WHAT I HAVE WRITTEN. UM, LET'S SEE. I OWN THE, ACTUALLY FOUR PROPERTIES AROUND THIS. THIS IS A CARPORT ATTACHED TO THE HOUSE. WE DON'T HAVE TO WORRY ABOUT THE GARAGE CARPORT. UM, IT'S GONE. IT HAD NO PERMIT AND UH, IT'S BEEN TORN DOWN AND, AND IT'S GONE. BUT I DIDN'T REALIZE THEY WERE GONNA GO AFTER THE HOUSE CARPORT. THIS IS THE ONLY PLACE THOSE PEOPLE HAVE WHO HAVE A CARPORT WITH ANY SHADE OR PROTECTION FROM HAIL OR WHATEVER. THE FRONT YARD HAS A HUGE TREE IN ONE AREA THAT CAN'T BE USED. AND IN THE AREA WHERE THERE'S A A, A GRAVEL DRIVE UP TOWARD THE HOUSE, IT'S WHERE THE SEWER IN THIS CITY HAS THEIR SEWER LINES AND THE WATER LINES AND THIS KIND OF THING. SO THEY CAN'T DO IT THERE. UM, THIS CARPORT CAUSES ME NO PROBLEM AT ALL. I'M SORRY. IT JUST BOTHERS SO MANY PEOPLE. BUT I KNOW IT'S SOMETHING ABOUT THE VALUE OF, OF THE PROPERTY. IF I WERE BUYING THE DARN HOUSE, I THINK IT INCREASED THE VALUE. BUT THEN I'M A 96-YEAR-OLD LADY. I DON'T THINK THE WAY YOU YOUNG PEOPLE DO . UM, LET'S SEE. WHEN THE CONTROVERSY GOT STARTED, IT WASN'T QUITE SO MUCH HASSLING. AND THEN AS IT GOT WORSE, SANDER MALCOLM, WHO WAS, YOU KNOW, TRYING TO WORK WITH THESE PEOPLE AND THEY'RE MY FRIENDS. AND SHE CAME OVER TO MY FRONT PORCH AND SAID, LOUIS, JUST TELL 'EM TO SHOW THEM THE PERMIT. AND THIS IS WHAT I KEPT TELLING, UH, THE FLORIS SHOW THEM THE PERMIT. AND I THOUGHT THIS WOULD TAKE CARE OF THIS GARAGE. I REALLY DID. OF THIS CARPORT ON THE HOUSE. WELL, APPARENTLY IT'S GOING TO COURT AND, UM, I, I GOT ERNIE TO GIVE ME THE NUMBER OF THE PERMIT THAT SANDRA WAS REFERRING TO. AND APPARENTLY IT'S IN THE OLD SYSTEM OF THE SOFTWARE. THEY'VE CHANGED THE SOFTWARE OR SOMETHING. BUT IT'S IN A NUMBER. UH, THE NUMBER IS 2 6 5 5 7 5 1. ALWAYS, UH, LIVE AT 1723 MOUNT JOY. I'M CALLING ON BEHALF OF ERNIE FLORES. HIS CASE NUMBER IS, UH, BOA DASH TWENTY FOUR TEN THREE HUNDRED ONE FOUR. UH, THIS MAN HAD BEEN HARASSED ABOUT HIS GARAGE COVERING. THERE WAS NOTHING WRONG WITH IT FROM THE BEGINNING. I THINK IT'S ONLY TWO PEOPLE COMPLAIN. AND I CANNOT BELIEVE THE CITY WASTED THAT MUCH TIME. THAT GARAGE WAS BUILT VERY NICE. HE'S ALREADY TAKEN DOWN PART OF IT. I KNOW I WOULDN'T HAVE DONE IT. AND, UH, YOU WASTE YOUR TIME TO, TO BOTHER A CITIZEN, UH, HAS A PLACE. NICE AND BUILT THAT ON. WE GOT OTHER CODE COMPLIANCES THAT REALLY NEED TO BE LOOKED AT. AND YOU KNOW, YOU LOOK AT OUT THERE IN THE DRAINAGE, YOU LOOK AT ALL THAT AND YOUR WR THIS FOREMAN MAN AND HIS MOTHER, IT'S COST HIM, OH, ABOUT $18,000. I'D BE ASHAMED OF THIS SITUATION ON THAT. JUST THOSE OTHER TWO PEOPLE COMPLAINING IS RIDICULOUS. AND MY NUMBER'S 2 1 0 7 9 3 56 0 8. IT'S TOTALLY WRONG. AND, UH, I HOPE HE CAN GET HIS MONEY BACK IN SOME WAY. UH, THAT'S WHAT I WOULD DO. I TRY TO GET IT BACK WHATEVER WAY IT COULD TAKE IT. BUT WHOLE SITUATION, IT'S A SHAME. IT'S A SHAME BEING HARASSED LIKE THAT. UM, I GUESS YOU'D HAVE TO GET AN ATTORNEY, BUT HIS GR COVER SURE LOOKED NICE AND, UH, I JUST THINK BEING HARASSED LIKE THAT'S WRONG. OKAY, BYE. THIS IS KENNETH FRAZIER. UH, F-R-A-Z-I-E-R. MY ADDRESS IS 1 8 1 0 COPPER HILL DRIVE. UM, MY PARENTS ALSO HAVE A HOME, UM, ON MOUNT JOY STREET 1 7 1 1 MOUNT JOY STREET. UM, I AM LEAVING A MESSAGE IN REGARDS TO CASE NUMBER BOA 2 4 1 0 3 0 0 1 4 5. MY WIFE AND I ARE CALLING TO SAY THAT, THAT WE, UM, HAVE NO PROBLEM WITH WHERE THE CARPORT IS LOCATED AT 1 7 0 2 MOUNT JOY STREET. SO WE ARE IN FAVOR OF, UH, THAT CARPORT STAYING JUST LIKE IT IS AND ALLOWING FOR THE VARIANCE. MY NUMBER IS [00:30:01] 2 1 0 8 7 2 6 7 3 0. AGAIN, THIS IS KENNETH FRAZIER, F-R-A-Z-I-E-R. THANK YOU. ALRIGHT. IS THERE ANY, UH, UH, ANYONE SIGNED UP TO SPEAK IN PERSON? NOBODY. THAT'S ALL THE PUBLIC COMMENTS. ALL RIGHT. SO IF WE CAN HAVE THE, UH, APPLICANT COME BACK UP, SEE IF THERE'S ANY QUESTIONS. ARE THERE ANY QUESTIONS FROM THE COMMISSION AND COMMISSIONER MANNA? SO, SO AS A NOTE, UM, THE NEIGHBORHOOD ASSOCIATION WAS REGISTERED WITH THE CITY IN 2022. AND SO APPARENTLY THEY DROPPED OUT, BUT THERE WAS, YOU KNOW, SO THERE IS, THERE WAS AN OFFICIAL ORGANIZATION AT ONE POINT AND, AND YOU KNOW, THEY'VE ATTENDED SEVERAL MEETINGS, SO I, I FEEL FOR THEM. AND UNFORTUNATELY, YOU KNOW, THEY AREN'T REPRESENTING HERE. SO, UM, SO THANK YOU FOR REACHING OUT TO THEM. I APPRECIATE THAT. UM, SO ONE OF THE QUESTIONS I HAVE IS, YOU KNOW, I'M TRYING TO MAKE SENSE OUT OF WHERE THE LINE IS. UM, AND IF YOU BRING UP GOOGLE MAPS, YOU KNOW, AND SHOW ME WHERE THE ACTUAL PROPERTY LINE IS. SO TRYING TO UNDERSTAND, YOU KNOW, WE'RE TALKING ABOUT A ONE INCH VARIANCE AND IS A ONE INCH VARIANCE FROM THE EDGE OF THE, UM, AWNING ITSELF VERSUS THE POLES. 'CAUSE GENERALLY WE TALK ABOUT POLES AND SO IT LOOKS LIKE THERE'S ALMOST A FIVE FOOT, UM, UM, OVERHANG THERE ON THE FRONT. UM, AND SO PART OF THE DIALOGUE IS IF WE HAVE A FIVE FOOT, YOU CAN HAVE A FIVE FOOT OVERHANG. AND SO, SO YOU KNOW, JUST TRYING TO FIGURE OUT, UM, MY PREFERENCE IS ALWAYS TRY TO GIVE THE LEAST AMOUNT, YOU KNOW, UM, AND TRY TO RIGHT SIZE IT, YOU KNOW, FOR, FOR ALL THE CIRCUMSTANCES INVOLVED AND 'CAUSE THAT ALSO WOULD IMPACT THE, THE NEIGHBORING, UM, CARPORT. SO JUST TRYING TO GET AN UNDERSTANDING OF THAT PLEASE. YEAH, AND, AND I'LL DEFER TO STAFF IN TERMS OF THEIR MEASURE METHODOLOGY, BUT WE BELIEVE IT'S FROM THE END OF THE ACTUAL STRUCTURE ITSELF, NOT THE SUPPORT BEAMS, BUT THE STRUCTURE ITSELF. AND DO WE HAVE, DO YOU KNOW WHAT THE DISTANCE IS OF THAT OVERHANG? SO WHAT THE SIZE OF THAT OVERHANG IS? WE GOT A MEASUREMENT THERE. SO 46 AND A HALF. YEAH. SO WHAT DOES IT SAY? LOOKS LIKE FOUR SIX, IT LOOKS LIKE 46 AND A HALF INCHES, SO NOT FIVE FOOT AND CITY, IF I'M CORRECT. UM, FIVE FOOT ONLY APPLIES FOR FIVE FOOT. RIGHT. SO FOR WITH THE OVERHANG. SO ANYTHING LESS THAN THAT YOU HAVE TO MEASURE TO THE EDGE OF THE RIGHT. AND ANYTHING WITHIN THREE FOOT OF THE SETBACK HAS TO BE TO THE EDGE OF THE OVERHANG OR WHATEVER'S CLOSER. SO, UM, THIS POINT, SO ESSENTIALLY IT'S ONE INCH OR NOTHING IS WHAT I'M HEARING? CORRECT. OKAY. ALRIGHT. IS ANY OTHER QUESTIONS? THE ONE INCH WOULD BE WHERE THE CARDBOARD IS CURRENTLY LOCATED TO INCLUDE THE ENCROACHMENT. ALL RIGHT. SO, UM, THERE'S NO ONE MORE. SORRY. YES, GO AHEAD COMMISSIONER. SO SORRY. AND SO JUST, YOU KNOW, AND AGAIN, SO THE, THE ADJACENT UH, GARAGE, UM, SO IT LOOKS LIKE, YOU KNOW, FROM THE EARLIER MAP IT LOOKS LIKE IT WAS INTO THE ENCROACHMENT. UM, AND SO, SO HENCE WHY IT'S BEEN REMOVED. YES SIR. SO, UM, AND SO, UM, THE POLES THERE THAT WERE PREVIOUSLY THERE, I GUESS THAT WOULD BE CLOSER TO THE LINE I GUESS FOR WHERE IT WOULD BE, UH, NOT ENCROACHING, YOU KNOW, IF I TAKE A LOOK AT THAT PICTURE, KIND OF CORRECT THAT THAT'S A CORRECT STATEMENT. YES. SO YOU HAD HAD TWO CARPORTS AND, AND ONE WAS A LITTLE CLOSER. THAT'S THE ONE THAT WENT AWAY AND THE ONE THAT WAS FURTHER BACK, I MEAN, QUITE FRANKLY, AND THAT'S WHY I SHOWED ALL THOSE PICTURES OVER THE YEARS, IS IT CLEARLY LOOKED LIKE THEIR YARD, YOU KNOW, AND, AND IT WAS AN EASY MISTAKE AND STAFF, YOU KNOW, STAFF ISSUED IN ERROR A PERMIT AND EVERYONE THOUGHT IT WAS PART OF THEIR YARD. SO, BUT WE REMOVED THE ONE THAT WAS CLEARLY CLOSER TO SUMMER WOOD. UH, BUT YES, YOU'RE ABSOLUTELY CORRECT. OKAY, THANK YOU. ALRIGHT, UH, IF THERE'S NO OTHER QUESTIONS, I THINK WE'RE READY FOR A MOTION. BRAGMAN MR. BRAGMAN, REGARDING CASE NUMBER BO A DASH 24 DASH 0 3 0 0 1 4 5. I MOVE THE BOARD OF ADJUSTMENT GRANT OR REQUEST FOR A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT CAR, UH, CARPORT SETBACK TO ALLOW A CARPORT WITH A ONE INCH SETBACK SITUATED AT 1702 MOUNT JOY STREET, APPLICANT BEING KILLED, GRIFFIN AND FAIRMAN PLLC. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY AT SUCH THE 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. THE REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST, AS THE CARPORT WILL NOT IMPEDE THE DRIVEWAY. CLEAR VISION REQUIREMENTS. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT HAVING TO RECONSTRUCT THE ATTACHED CARPORT TO BE 10 FEET FROM THE SETBACK, WHICH WOULD RESULT IN UNNECESSARY HARDSHIP AS THE CARPORT WOULD NOT PROVIDE THE COVERAGE NEEDED FOR VEHICLES THREE BY GRANNY, THE VARIANCE OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE STRUCTURE WILL BE ONE INCH FROM THE PROPERTY LINE, WHICH OBSERVES THE SPIRIT OF THE ORDINANCE AS THE CARPORT POSES NO HINDRANCE TO THE DRIVEWAY, CLEAR VISION OR IMPEDES NEIGHBORING PROPERTIES. [00:35:01] FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT 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 ATTACHED CARPORT ONE INCH FROM THE SETBACK WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THIS DISTRICT. SIX. THE PLIGHT, THE HONOR OF THE PROPERTY OF WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND, 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 SUPPLY TO THE OWNER OF THE PROPERTY, WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AS THE CORNER LOT LIMITS THE LOCATION OF A CARPORT ON THE PROPERTY. END OF MOTION. SECOND. SECOND. BY COMMISSIONER BENAVIDEZ. COMMISSIONER BRAGMAN. AND REAL QUICK, UH, COMMISSIONER BONNET DID JOIN US. UM, YOU ABLE TO HEAR AS COMMISSIONER? OKAY. ALL RIGHT. UM, SO I'LL BE IN SUPPORT OF THE MOTION. UM, I THINK THAT THEY CLEARLY DEMONSTRATED THAT OVER THE YEARS IT APPEARS THAT THE PROPERTY LINE WAS FAR BEYOND WHAT IT SHOWS ON THE SURVEY. UH, THERE'S A LOT OF SUPPORT FROM, UH, IMMEDIATE NEIGHBORS WITHIN THE, THE 200 FEET RADIUS. UM, AND I THINK IT FITS WITH THE NEIGHBORHOOD. I ACTUALLY HAPPEN TO LIVE IN THAT NEIGHBORHOOD AND I KNOW THERE'S A LOT OF CARPORTS, UH, IN THE AREA. SO I'LL BE IN SUPPORT. ALL RIGHT, COMMISSIONER BEGUS, I AGREE WITH MY COLLEAGUES. I'LL ALSO BE SUPPORTING, UH, THE, UH, MOTION. I AGREE THAT A LOT OF, UH, COMMUNITY SUPPORT, A LOT OF, UH, RESIDENTS THAT CALLED IN. AND IT'S UNFORTUNATE THAT THE HHOA, UM, REFUSED TO PARTICIPATE. I'LL BE IN SUPPORT OF THE COMMISSION. ALRIGHT, ANY OTHER, UH, COMMISSIONERS' LIKE TO ADD TO THIS DISCUSSION? COMMISSIONER DEAN? YEAH, I WAS IN SUPPORT LAST TIME, UH, WITH THE NEW EVIDENCE. NOW I'M DEFINITELY IN SUPPORT. SO I'LL BE VOTING IN FAVOR, UH, OF THE, UH, CARPORT. THANKS. ALRIGHT. COMMISSIONER ZUNA? YES. SO THE, UH, I'M GONNA BE IN SUPPORT, UH, SPECIFICALLY BECAUSE THE ALTERNATE PLACEMENT OF THE CARPORT AT THE FRONT OF THE HOUSE HAS, HAS A VERY MORE, UM, THAT HE HAS BY RIGHT? THE ABILITY TO DO WOULD HAVE MORE OF ENVIRONMENTAL IMPACT WITH THE, UM, BUILD, WITH THE IMPERVIOUS COVER AND WITH THE REDUCTION OF THE TREES. SO I THINK, UH, LEAVING IT WHERE IT IS WITH THE VARIANCE IS THE BEST USE, UH, FOR THE, FOR THIS CASE. ALRIGHT, ANYONE ELSE? UH, AND I'D LIKE TO SAY I WOULD BE IN SUPPORT WITH THE ADDITIONAL EVIDENCE AS PREVIOUSLY MENTIONED, AND THE FACT THAT OF THE, UH, CARPORT ON THE EASTERN SIDE WAS REMOVED, WHICH WAS WHAT I REALLY TOOK ISSUE WITH. SO WITH THAT, LET'S HAVE A ROLL CALL VOTE PLEASE. I, COMMISSIONER BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER MENA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER BONNI, COULD YOU GIVE A THUMBS UP OR THUMBS DOWN? THUMBS UP. THANK YOU. CHAIR ORIENT. AND I CONCUR THE FINDINGS OF FACT. MOTION PASSES. UH, CONGRATULATIONS. YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF? THANK YOU FOR TIME, STAFF. THANK YOU. UH, SO NOW THAT WE'RE UP TO 11, WE'RE GONNA GO BACK, UH, TO THE REGULAR AGENDA. UH, WE'RE ON ITEM NUMBER ONE. CAN YOU DO A QUICK, UH, VOICE CHECK? UH, COMMISSIONER EZ. THE TEXT AT THE BOTTOM SHOWS WHAT I'M SAYING, BUT I DON'T THINK YOU GUYS ARE HEARING. WE CAN HEAR YOU NOW. WE CAN HEAR YOU. OKAY, THERE WE GO. ALL RIGHT. OKAY. GOOD AFTERNOON. MY NAME IS JUAN ALVAREZ, PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER ONE IS REQUESTED BY SVO G SIX, INTEREST LLC AND IS REQUESTING FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE LOCATED AT 1 2 6 NORTH CHERRY STREET IN COUNCIL DISTRICT TWO. THE SUBJECT PROPERTY IS LOCATED AT 1 2 6 NORTH CHERRY STREET. SURROUNDING USES [00:40:01] INCLUDE RESIDENTIAL, SINGLE FAMILY, VACANT, COMMERCIAL AND STORAGE UNIT LOTS. THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE. PER THE CODE TYPE TWO SHORT-TERM RENTALS SHALL BE LIMITED TO NO MORE THAN ONE EIGHTH, 12.5% OF THE TOTAL NUMBER OF SINGLE FAMILY DUPLEX, TRIPLEX, OR QUADPLEX UNITS. ON THE BLOCK FACE, THERE'S A TOTAL OF FOUR UNITS ON THE BLOCK FACE. ONE ACTIVE STR TYPE TWO IS ALREADY ON THE BLOCK FACE BEING 1 3 8 NORTH CHERRY STREET ISSUED ON MARCH 18TH, 2024. THE BLOCK FACE IS CURRENTLY AT 25%. AND IF AN, IF AN ADDITIONAL TYPE TWO IS APPROVED, THE BLOCK FACE WILL BE AT 50%. THIS EXCEEDS THE 12.5 DENSITY LIMITATION FOR TYPE TWO ST. THE PROPERTY HAS A CODE INVESTIGATION THAT OPENED ON MAY 14TH, 2024 FOR OPERATING WITHOUT A SHORT TERM RENTAL PERMIT. AND ON MAY 17TH, THE APPLICANT SUBMITTED THEIR STR APPLICATION. THE PROPERTY IS CURRENT LIST CURRENTLY LISTING AS OF TODAY. THIS IS THE SITE PLAN OF THE PROPERTY SUBMITTED AT THE TIME OF OF THE APPLICATION, AND THIS IS THE SUBJECT PROPERTY. AND THE NEXT FEW SLIDES ARE THE NEIGHBORING PROPERTIES AND SURROUNDING AREAS. STAFF RECOMMENDS DENIAL OF THE APPLICANT'S REQUEST FOR A SPECIAL EXCEPTION. AND THERE WERE 37 MAILED NOTICES IN TOTAL. ONE IN FAVOR FROM THE SAN ANTONIO CITY CENTER HOMEOWNERS ASSOCIATION AND ZERO IN OPPOSITION. THERE WAS NO RESPONSE FROM DIGNITY HILL NEIGHBORHOOD ASSOCIATION. AND THIS CONCLUDES STAFF PRESENTATION. APPLICANT IS HERE TO ANSWER ANY QUESTIONS. THANK YOU VERY MUCH. IS THAT THE APPLICANT? COME FORWARD. GOOD AFTERNOON AND APPRECIATE WHAT YOU DO AND APPRECIATE UM, YOU LISTENING TO ME, UH, TODAY. MY NAME IS ARTURO VALEZ, MY WIFE SANDRA. AND I JUST WANT, UH, TO DO SAY A COUPLE OF THINGS HERE THAT ARE IMPORTANT. UH, FIRST OF ALL, MY NAME IS ARTURO AND SANDRA WE'RE BOTH FORMER EDUCATORS. WE'RE NOT INVESTORS. WE BOUGHT THIS AS A SECOND HOME WITH THE INTENT TO RETIRE TO MOVE INTO SAN ANTONIO EVENTUALLY. RIGHT. AND SO WE'VE BEEN, UH, WE'RE ORIGINALLY FROM LAREDO, TEXAS AND WE'VE BEEN LIFELONG, UH, UH, CONTRIBUTORS TO SAN ANTONIO. WE WERE PART OF THE TEXAS BANDMASTERS ASSOCIATION BOARD OF DIRECTORS FOR SEVEN YEARS. AND SINCE 1976 WE'VE BEEN COMING TO THOSE, TO THOSE CONVENTIONS. AND SO WE REALLY LOVE THE CITY OF SAN ANTONIO. WE CARE FOR IT. WE BRING OVER 10,000, UM, MUSIC PEOPLE TO, TO SAN ANTONIO TO TO SPEND MONEY AND TO ENJOY THE BEAUTIFUL, UH, CITY. UM, WHEN WE STARTED BUILDING THE, THE PROPERTY, IT TOOK LONGER THAN THAN EXPECTED TO FINISH. AND THE INTEREST RATES, AS YOU WELL KNOW, SOARED IN THOSE, UM, 13, 14 MONTHS. AND SO THE PAYMENT WENT UP OVER A THOUSAND DOLLARS A MONTH. FROM THE TIME WE STARTED TO THE TIME WE FINISHED, WALKING AWAY WAS NOT AN OPTION BECAUSE OF THE UPGRADES AND THINGS THAT WE HAD ALREADY INVESTED IN CASH. SO THAT WAS GONNA BE A, A VERY, UM, COSTLY THING TO DO. SO WE DECIDED TO KEEP IT. AND WE, WE DIDN'T KNOW MUCH ABOUT AIRBNB OR ANYTHING LIKE THAT. SO WE DECIDED WE RENTED ONE WEEKEND A MONTH. WE'LL BE ABLE TO MAKE UP THE DIFFERENCE. AND THAT WAS STILL OUR, WHAT WE INTENDED TO DO. WE, WE LOVE THIS PLACE, WE FURNISH IT FOR OURSELVES. WE WOULD NOT WANT TO RENT IT LONG TERM BECAUSE IT, THAT WEAR AND TEAR THAT IT WOULD TAKE 'CAUSE THIS IS, AND IT WOULD ELIMINATE OUR, OUR USE. WE USED IT QUITE A BIT AND WITH, WITH OUR DAUGHTERS COME, COME DOWN TO SAN ANTONIO QUITE OFTEN, IF WE WERE TO, TO USE IT, UH, AIR AIRBNB AT ONE WEEKEND A MONTH, IF THAT, IT WOULD HELP US TORAY SOME OF THE COSTS. SO IT NEVER WAS INTENDED TO BE A SHORT TERM RENTAL. AND IF THE INTEREST GOES DOWN AND WE REFINANCE IT, IT MIGHT NOT BE A SHORT TERM RENTAL ANYMORE. BUT WE, WE ARE REQUESTING YOUR HELP TO, UH, ALLEVIATE THIS, UH, SHORT TERM TERM STRESS THAT THE HIGH INTEREST RATES HAVE, UM, CREATED ON, ON GETTING THIS, UM, PROPERTY. MR. JOHN COOLEY, VICE PRESIDENT OF OUR HOAS WROTE A NICE LETTER, WHICH YOU MIGHT HAVE IN YOUR PACKET OR NOT, UM, OF SUPPORT, YOU KNOW, WE, UH, RESPECT THE ORDINANCE. UM, AS YOU CAN SEE, IT'S UP THERE. UM, YOU KNOW, IT'S A LETTER OF SUPPORT AND HE KNOWS THAT WE TAKE REALLY GOOD CARE OF THE PROPERTY. WE'VE BEEN, YOU KNOW, MAINTAINING METICULOUSLY, UM, AND WE WOULD NEVER, UH, LE UH, LEASE IT OR RENT IT TO ANYBODY WHO WOULD NOT BE A RULE FOLLOWER AND RESPECT THE QUIET TIMES. AND [00:45:01] LIKE I SAID, IT'S NOT A BUSINESS FOR US. IT'S A, IT'S A HOME IT AND WE WANNA, UH, TREAT IT, UH, AS SUCH. AND SO I RESPECTFULLY REQUEST THAT YOU ALLOW US TO DO THIS, UH, SHORT TERM, UH, RENTAL ON OF OUR TOWN HOME, TOWN HOME, KNOWING THAT IT IS NOT SOMETHING THAT IS GOING TO BE ONGOING AND EVERY WEEKEND HAVE SOMEBODY THERE, ET CETERA. 'CAUSE LIKE I SAID, OUR GOAL IS JUST, UH, ONE WEEKEND, UH, A MONTH IF THAT. ANY QUESTIONS YOU MIGHT HAVE. YEAH. UH, QUICKLY, YOU HAD MENTIONED THAT YOU ONLY WANTED TO, TO RENT IT OUT ONE DAY, ONE WEEKEND A MONTH, MORE OR LESS. YES SIR. WHAT WOULD HAPPEN WITH THE OTHER FIVE DAYS, SIX DAYS? OH, WE USE IT. WE, IT'S JUST FOR OUR PERSONAL USE. MY DAUGHTERS COME DOWN, WE COME DOWN, WE SPEND A LOT OF TIME IN SAN ANTONIO. WE JUST, UH, UM, LIKE TO GOLF HERE. UM, SILVER HORN IS A GOOD PLACE TO GO GOLF. MY WIFE AND I GOLF AND, UH, WE SPEND A LOT OF TIME HERE. THE ONLY REASON WE'RE NOT FULL-TIME HERE 'CAUSE WE STILL GOT SMALL GRANDKIDS IN, IN LOUISVILLE. AND YOUR, THIS PLACE COMES WITH ONE GARAGE PARKING SPACE. IT, YOU CAN FIT TWO CARS IN THERE. OKAY. BUT YEAH, IT HAS ONE, ONE AND I, AND I NOTICE ON CHERRY STREET, THE BLOCK AFTER YOURS, THERE'S NO PARKING ON SIGN FOR THAT BLOCK. DO YOU HAVE, UH, ANY, UH, PARKING RESTRICTIONS ON YOUR SIDE OF THE STREET? ON YOUR BLOCK? ON MY SIDE OF THE STREET, ON THAT STREET, THERE'S NO PARKING RIGHT IN FRONT OF THE, OF THE TOWN HOME. THERE'S NO PARKING. SO EVERYTHING, IT, IT IS IN THE, IN THE SIDE. UH, THERE'S A GATE THAT YOU CAN COME INTO THE SIDE RIGHT ACROSS FROM THE FUNERAL HOME, UH, THE SUN CENTER. OKAY. AND, AND ALSO IN OUR DRIVE, IN OUR GARAGE. AND HOW AND WHAT IS THE, UH, LIVING SPACE OF THE UNIT? IT, IT HAS THREE BEDROOMS. OKAY. AND YOU CAN, UH, COMFORTABLY PUT SIX PEOPLE IN THERE. WE'VE NEVER PUT SIX IN THERE, BUT EXCEPT WHEN OUR FAMILY COMES. YEAH. I'M ASKING THESE QUESTIONS BECAUSE USUALLY, UH, EVEN THOUGH YOU MIGHT HAVE SUPPORT, THE ONE THING THAT SEEMS TO UH, AGGRAVATE NEIGHBORS IS WHEN THERE'S NOT ADEQUATE PARKING WHEN SOMEBODY HAS, YOU KNOW, MORE THAN ONE PERSON OR A COUPLE THERE. AND, AND SO IF THERE'S NO PARKING ON THE STREET AND THE ONLY PARKING HAVE AVAILABLE IS A RELATIVELY NARROW GARAGE. I WAS JUST CURIOUS ABOUT THAT. WELL, ONE, ONE OF THE THINGS THAT, THAT IRONICALLY BEFORE WE KNEW ABOUT ALL THIS, UM, IS THAT THE INTEREST HAD BEEN PROFESSIONAL THAT COME TO THE DOCTOR CONVENTION NURSES CONVENTIONS, AND THEY USUALLY UBER AND THEY DROP 'EM OFF IN THE FRONT. UM, AS A MATTER OF FACT, WE HAVE NEVER HAD A REQUEST ANYBODY TO USE THE GARAGE. THEY, THEY JUST, OKAY. UH, IS THERE ANY OTHER COMMISSIONER QUESTIONS? GONNA BE THE COMMISSIONER BEES? UM, HOW LONG HAVE YOU BEEN AIRBNB? WE JUST CLOSED ON THIS ONE AND NOVEMBER IS GONNA BE ONE YEAR. SO WE, WE JUST, UH, WE PROBABLY STARTED LIKE IN UM, APRIL OR THIS YEAR. I MEAN, WE HAVEN'T, AND THEN RIGHT AWAY WE GOT THE CITATION AND WE, WE DIDN'T EVEN KNOW WE HAD TO APPLY. THAT'S HOW MUCH OF AN INVESTOR WE ARE. UH, SO WE, WE IMMEDIATELY APPLIED AND BECAUSE OF THE SATURATION WE'RE DENIED. AND SO I SAID, BUT YOU KNOW, IT'S JUST NOT LIKE WE'RE GONNA TRY TO OVERSATURATE THE MARKET. IT IS DIFFERENT. IF WE WERE INVESTORS, I WOULDN'T HAVE COME HERE TO, TO WASTE YOUR TIME. IT JUST, YOU KNOW, WE'RE JUST COM COMMON PEOPLE. BOTH OF US ARE TEACHERS AND UM, WE LIKE SAN ANTONIO. AND ARE YOU STILL LISTED ON AIRBNB EVEN THOUGH YOU, YOU'RE WE HAVEN'T RENTED IT. IT'S, IT'S ON THERE, BUT WE, WE HAVEN'T CANCELED. IT TOOK A LONG TIME TO BUILD IT BEING POSITIVE UNTIL TODAY, YOU KNOW, BUT WE HAVE NOT RENTED IT. WHEN WAS THE LAST RENTAL? UM, IT'S BEEN A WHILE. YEAH. CAN'T TELL YOU RIGHT NOW. STAFF. UH, DO YOU HAVE ANY, UH, OUTSTANDING HOT TAXES ON THIS, UH, MR. CHAIR? SINCE IT'S A NEW APPLICATION, THEY DON'T HAVE A HOT ACCOUNT YET THAT WOULD BE GIVEN TO THEM IF THEIR APPLICATION WAS APPROVED. I WAS ASKING, 'CAUSE I KNOW THAT, UH, THE CITY STARTED COORDINATING WITH SOME OF THESE SITES AND IF THEY'RE ALREADY ON A SITE, WOULD THEY HAVE, WOULD THERE BE SOME EXPECTATION OR, OR AT LEAST A, A REPORT OF HOT TAXES BY NOW? UM, SO REGARDING THAT, WHEN WE PASSED THE ORDINANCE UPDATES IN JUNE, WE GAVE THEM LIKE THREE MONTHS TO GET THEIR SIT, UM, TO ALLOW, TO IDENTIFY THE SDR PERMIT ON THEIR PLATFORM. SO SOME PLATFORMS ARE VERBAL HAS STARTED THAT. AIRBNB'S STILL WORKING ON IT AT THIS TIME, SO I DON'T THINK THERE'S BEEN NOTIFICATION OUT ABOUT ADDING THEIR PERMIT RECORD. OKAY. ON THE RECORDS YET. UH, HOLD ON. UH, YES, COMMISSIONER ENESS, MAY WE, MAY WE SEE THE, THE PICTURE THAT SHOWS ALL THE, UM, STR TWOS IN THAT AREA THAT YOU SHARED. [00:50:05] THANK YOU. ALL RIGHT. COMMISSIONER BEES, UM, THIS IS A QUESTION FOR THE CITY. SO ARE YOU SAYING THAT FROM APRIL TILL UNTIL NOW, BECAUSE THEY DON'T HAVE A PERMIT, THEY ARE NOT RESPONSIBLE FOR, FOR THE FEES RETROACTIVE? LIKE IF THEY, IF THEY, LET'S SAY THEY'RE, THEY'RE DENIED THE PERMIT, THEY DON'T HAVE TO PAY THOSE HOT TAX. UM, NO, I JUST JUST MEANT THAT THEY DON'T HAVE A HOT ACCOUNT, SO WE DON'T, SO THEY COULD BE DELINQUENT, BUT WE DON'T HAVE A HOT ACCOUNT. USUALLY IF SOMEONE COMES IN LISTS ADVERTISING AND OPERATING A SHORT TERM RENTAL, THEN RECEIVES THEIR PERMIT, THEY ARE RESPONSIBLE THEN REPORT BACK TAXES SINCE THEY STARTED. AND WHAT HAPPENS IF THEY'RE DENIED THEIR PERMITS? UM, THE DENIED, UH, WE DON'T ISSUE 'EM A HOT ACCOUNT THAT WOULD HAVE TO GO THROUGH FINANCE TO COLLECT IT, BUT WE DON'T CREATE A HOT ACCOUNT IF THEY DON'T HAVE A PERMIT WITH THE CITY. BUT IT WILL BE CONNECTED THROUGH COLLECTED THROUGH FINANCE? YES. FINANCE WOULD BE RESPONSIBLE TO HANDLE THAT. YEAH. WE, WE DON'T HAVE A PROBLEM WITH, UH, MR. . UM, OFFICER ANDREW WENT BY THE HOUSE AND HE CHECKED IT. EVERYTHING IS IS IN ORDER. HE SAID HE EXCEEDED EXPECTATIONS AS FAR AS, UH, SAFETIES AND ALL THAT. I MEAN, LIKE I SAID, THE LINE OF QUESTION WAS IS UM, IF YOU'VE RENTED IT OUT BEFORE HOT TAXES ARE OWED. OH, OKAY. YEAH, THAT'S FINE. WE WILL TAKE CARE OF THAT. YES. YEAH, IF YOU DON'T HAVE A PERMIT OR YOU DON'T HAVE A REGISTERED ACCOUNT, IT'S DIFFICULT FOR THE CITY TO TRACK IT. UH, IT'S ON A REPORTING BASIS, BUT IT'S, THAT WAS THE LINE OF QUESTIONING WAS TO DETERMINE IF THERE WAS ANY OUTSTANDING TAXES DUE. WE'LL TAKE CARE OF ANYTHING THAT'S, THAT'S, THAT'S NOT, I MEAN, WE DON'T, OKAY. WE DON'T WANNA BE DOING ANYTHING THAT'S ILLEGAL OR I UNDERSTAND. UH, ANY OTHER QUESTIONS FROM THE COMMISSION? ALL RIGHT. I I JUST HAVE A CONCERN WITH THE BLOCK FACE BEING AT 50% FROM 12.5 TO 50%, UH, THERE'S A REASON FOR, UH, THAT, ESPECIALLY FOR DISTRICT TWO, WHICH IS I THINK OVERLY SATURATED WITH STR TWOS. UM, THERE ARE OTHER, UM, PLATFORMS LIKE FURNISH FINDERS WHERE THEY'RE LONG TERM, LIKE A MONTH LONG, TWO MONTH LONG, UM, AND, UM, THAT POSSIBLY BE, COULD BE USED FOR YOUR PROPERTY SO THAT IT'S NOT A LONGER STAY IN YOUR HOME WHERE THEY DON'T DESTROY OR OVERUSE. MM-HMM, THE, THE SPACE AGAIN, I'M JUST CONCERNED ABOUT THAT 50% ON THAT BLOCK FACE. OKAY. UM, IF THERE'S ANY PUBLIC COMMENTARY VOICEMAILS, UH, EZ BON YES. COMMISSIONER EZ. UH, THIS ONE'S FOR, FOR C UM, SO I, I KNOW THE LIMITATIONS FOR THE SCR TWOS ON, ON BLOCK FACES. AND, AND IS THIS BLOCK FACES FOR AREAS THAT ARE ZONED RESIDENTIAL? UM, OR IS THIS JUST ANY BLOCK FACE IN GENERAL, REGARDLESS OF THE ZONING? UH, SO 12.5% BLOCK FACE IS BASED ON RESIDENTIAL USES. IDZ ALLOWS RESIDENTIAL USES IN IT. SO THIS WOULD BE A LOT, THIS WOULD FOLLOW THE 12.5% BLOCK FACE RULE. DOES, DOES THE OTHER SIDE OF THIS BLOCK FACE, 'CAUSE IF WE LOOK, IF WE LOOK LIKE ON BCA AND WE START LOOKING AT WHAT THE ZONING IS ACROSS THE STREET, THE ZONING ACROSS THE STREET FROM HERE, I GUESS ON THE OTHER SIDE OF CHERRY, OR NOT CHERRY, BUT UM, UH, THE OTHER SIDE IS LIKE DOWNTOWN ZONING. UM, DOES, DOES THAT TAKE TO TO ACCOUNT ANYTHING? UM, LIKE, LIKE IF THIS WAS ALL DOWNTOWN ZONE FOR EXAMPLE, WOULD THERE BE A LIMIT ON STR IF THIS WERE DOWNTOWN ZONED? YEAH, IT WAS RESIDENTIAL. I MEAN COMMERCIAL ZONING, IT WOULD NOT COUNT THE TWO AND A HALF PERCENT BLOCK FACE WOULD NOT COUNT. BUT SINCE THIS PROPERTY IS ON THE IDZ, WHICH ALLOWS RESIDENTIAL, THE 12.5% DOES APPLY. UH, WOULD I, WOULD IDZ ALSO ALLOW THE, SO IDZ WOULD ONLY ALLOW FOR THEM TO DO RESIDENTIAL THOUGH, RIGHT? THEY COULDN'T DO ANYTHING COMMERCIAL OR MIXED USE OUT OF THIS WITH THE IDZ OR COULD THEY? YEAH, THEY CAN. UH, IT DEPENDS ON WHAT THEIR ORDINANCE FOR THE IDZ WAS UH, APPROVED FOR IN THIS PARTICULAR CASE. THEY DO HAVE USES PERMITTED FOR RESIDENTIAL. UH, WE WOULD HAVE TO CHECK TO SEE IF THEY WOULD HAVE ANY KIND OF COMMERCIAL USES, BUT I DOUBT IT IN THIS BLOCK THAT, THAT'S A GOOD POINT. UM, BECAUSE ACROSS STREET IS TOTALLY COMMERCIAL. HOLD HOLD ON A SECOND. WE'RE SO COMMISSIONER BENI, YOU HAVE THE, YOU HAVE THE FLOOR. YEAH. SO, OKAY. SO THEN IF WE DO LOOK ACROSS THE STREET AS, AS I GUESS THE, UM, THE APPLICANT WAS SAYING DIRECTLY ACROSS THE STREET, UM, I'M JUST TRYING TO SEE WHAT IT'S ZONED ACROSS THE STREET. IF YOU GUYS CAN BRING IT UP MAYBE FASTER. I'M TRYING TO SEE WHAT WHAT DIRECTLY ACROSS FROM THEM IS. SO ACROSS CHERRY IS ZONE DOWNTOWN, DISTRICT D. AND JUST TO BE, UH, CLEAR THE IDZ IN QUESTION OF THE BLOCK FACE IS ONLY PERMITTED UM, MULTI FOR RESIDENTIAL. IT'S NOT PERMITTED ANY KIND OF COMMERCIAL USE. OKAY. THAT BIG BUILDING THAT'S, THAT'S [00:55:01] JUST NEXT TO THEM. WHAT IS THAT? ZONED ARTS AND ENTERTAINMENT DISTRICT ONE. OKAY, GOTCHA. YEAH, AND, AND USUALLY I, I'M AGAINST, YOU KNOW, A BUNCH OF ST ON THE BLOCK FACE ONE, IT'S TRULY LIKE IN A RESIDENTIAL AREA, THIS AREA SEEMS A LITTLE, IT IS A LITTLE DIFFERENT, RIGHT? WE GOT DO DOWNTOWN DIRECTLY ACROSS FROM 'EM, WE GOT ARTS AND ENTERTAINMENT AS THEIR NEIGHBOR. THERE'S A COUPLE HOTELS IN IN THE AREA LIKE JUST DOWN THE STREET. UM, SO I THINK THIS CASE IS, IS IS QUITE UNIQUE, UM, IN THAT AND WHERE IT'S LOCATED. I DON'T KNOW IF IT'S REALLY A RESIDENTIAL BLOCK PHASE. TRULY. UM, ARE WE COUNTING THE RESIDENTIAL BLOCK PHASE? THAT THAT JUST THE NUMBER OF UNITS THAT ARE ON THERE THAT ARE RESIDENTIAL OR THE, LIKE THE FULL BLOCK PHASE? 'CAUSE IF WE COUNT THAT, THAT BIG BUILDING, I MEAN THAT EATS UP A LOT OF AREA THAT'S ARTS AND ENTERTAINMENT. UM, SO ARE WE COUNTING IT JUST AS THESE FOUR UNITS THAT ARE IDZ AS RESIDENTIAL, RIGHT? THAT IS CORRECT. AND THEN THAT'S WHAT MAKES THEM, THAT'S WHAT MAKES EVEN ONE FALL INTO THE 25% MARK. 'CAUSE USUALLY WE WANTED IT 12.5, BUT EVEN ONE IS PUTTING IT OVER 12.5. SO SHOULD WE DO AWAY WITH THAT ONE AS WELL TOO IF WE'RE TRYING TO FALL WITHIN A PERCENTAGE? UM, I'M JUST TRYING TO SEE THIS IS UNIQUE IN THAT WAY THAT EVEN ONE STR ON THIS BLOCK PUTS US DOUBLE WHAT WE WANNA BE AT AT 12.5. SO I JUST WANT, I THINK, I THINK WE ALL NEED TO TAKE THAT INTO CONSIDERATION THAT THI THIS IS A SPECIAL AREA AND WHERE THESE GUYS ARE WANTING TO DO THAT. AS I SAID, IF THIS WERE TRULY JUST LIKE RESIDENTIAL ACROSS, YOU KNOW, THE WHOLE DANG THE WHOLE BLOCK AND ON BOTH SIDES, YOU KNOW, I WOULD DEFINITELY BE AGAINST IT. BUT I THINK THIS BEING WHERE IT IS AND, AND THE UNIQUE AREA OF IT, I'M, I'M, I MAY BE A LITTLE MORE OPEN TO IT, BUT, BUT THAT, THAT'S ALL I WANNA SAY ON THIS NOW. OKAY. STAFF, UH, CAN YOU COMMENT ON, I, I THOUGHT IN THE PAST IF YOU HAD, IT WAS BASED ON ADDRESS BUT IN THIS CASE IT LOOKED LIKE YOU WERE APPLYING THE INTERIOR INTERNAL FOUR UNITS AS ITS OWN BLOCK FACE THAT ARE ACCESSED BY INGRESS, EGRESS EASEMENT. IS THAT TRUE? UH, YES. MR. CHAIR, THAT'S CORRECT. WAS THAT, IS THAT, WAS THAT CHANGED OR IS IT ALWAYS DONE THAT WAY? UM, WE'VE DONE IT IN THE PAST 'CAUSE THE BLOCK PHASE IS FROM TWO INTERSECTING POINTS. AND SINCE THESE ARE INDIVIDUALLY, UM, INDIVIDUALLY, UM, PARCELED LOTS AND THERE IS AN EGRESS, EGRESS, EGRESS DIVIDING SOME OF THESE, THEY HAVE THEIR OWN SEPARATE BLOCK FACES. ALRIGHT, THANK YOU VERY MUCH. SO COMMISSIONER ZUNA, MAY, MAY I SAY SOMETHING? UM, UH, WELL, WELL WE'RE GONNA HEAR FROM DOWN THE LINE AND WE'LL COME RIGHT BACK TO YOU. COMMISSIONER ZUNA AND THEN MANANA. YES SIR. MY QUESTION WAS ALONG THE SAME AS IF WE TREAT, LIKE IF IT WAS A CONDOMINIUM PROJECT THAT HAD THE FRONT, FRONT FACE ON NORTH CHERRY, WOULD WE JUST LOOK AT THE FIRST TWO UNITS THAT FRONT CHERRY STREET OR WOULD IT BE THE PERCENTAGE OF ALL THE UNITS WITHIN LIKE A CONDOMINIUM AREA? I MEAN, I HAVE THE SAME CONCERN THAT WE'RE LOOKING AT THESE FOUR PLATTED LOTS AS JUST THE 25% EXCESS ON THE RATIO. AND THEN I HAVE THE SAME, UH, THE SAME CONCERN ALSO, IT'S LIKE THAT INTERNAL PIECE. WOULD THAT HAVE A FRONT FRONTAGE THAT WE WOULD APPLY THAT SAME RATIO TO AS WELL? SO THE QUESTION WOULD BE LIKE, IF IT'S A CONDOMINIUMIZED UNIT, HOW WOULD YOU LOOK AT THE UNITS IN THE ENTIRE PROJECT? SO, MR. MR. COMMISSIONER, THAT WOULD BE KINDA A CASE BY CASE BASIS, DEPENDING HOW THE CONDOMINIUM IS PLACED AS LAID OUT. SOMETIMES IT'S ONE PARCEL WITH 30 OR 40 CONDOMINIUMS ON IT. SOME OF THEM ARELY PLATTED. SO IT KIND OF JUST DEPENDS. BUT WE LOOK AT IF IT'S INDIVIDUALLY PLATTED AND IF THERE'S AN EGRESS EGRESS SEPARATING THOSE DIFFERENT BLOCK FACES. ALL RIGHT. COMM, COMMISSIONER MANNA. OH, SORRY ABOUT THAT. . YEAH, SO SAME, SAME LINE OF QUESTIONING. SO, SO, AND I DIDN'T QUITE UNDERSTAND THE, THE CENTER COMPONENT. AND SO WHAT ARE THEY BEING ADDRESSED FROM? SO THEIR PROPERTY'S ON 1 26 NORTH CHERRY, SO THEY'RE BEING ADDRESSED OFF OF NORTH CHERRY STREET, WHICH IS 1 26 THROUGH 38 NORTH CHERRY STREET. AND 1 44 IS BEING ADDRESSED OFF OF NORTH CHERRY AS WELL. 'CAUSE IT HAS AN ADDRESS, IF I LOOK IT UP AS, AND THAT'S ON THE CENTER COLUMN, SHOWS AN ADDRESS OF 1 44 NORTH CHERRY. AND SO WOULD THAT ALSO BE ADDRESSED OFF NORTH CHERRY THEN, IF THAT'S THE ADDRESS? YES. IT'S ALSO ADDRESS OFF OF NORTH CHERRY, BUT SINCE THERE'S AN EGRESS DIVIDING THE LOTS, IT'S ITS OWN BLOCK PHASE FROM 1 1 4 NORTH CHERRY TO I BELIEVE. AND UM, AND THEN JUST TO CONFIRM, WHEN I SAW, UM, UM, UH, THE APPLICANT, UH, THEY SUBMITTED OR THEY SUBMITTED THE PAPERWORK FROM, I GUESS IT'S THE ORGANIZATION THAT'S MANAGING THE, UH, CONDOMINIUMS AND, UM, BASICALLY THEY'RE MANAGING THAT WHOLE BLOCK FACE, IF I UNDERSTOOD CORRECTLY, AND THEY WERE IN FAVOR IF I UNDERSTOOD CORRECTLY AS WELL. YES, THAT'S CORRECT. ALRIGHT. COMMISSIONER BINES, UM, [01:00:01] I JUST NEED TO REMIND, UM, OUR COMMISSIONERS THAT BEHIND THESE, UH, TOWN HOMES, THERE IS A NEIGHBORHOOD, REGARDLESS OF THE FACT THAT THERE'S A COMMERCIAL PROPERTY ACROSS THE STREET FROM, UH, THESE TOWN HOMES, IF YOU GO DOWN THE OTHER STREETS, THERE ARE HOMES THERE. SO IT IS PART OF A RESIDENTIAL NEIGHBORHOOD. AND SO, UH, I JUST WANNA REMIND MY COMMISSIONERS THAT, THAT, UH, IT IS PART OF A NEIGHBORHOOD WHERE RESIDENTS DO LIVE. OKAY. COMMISSIONER BENAVIDEZ. UH, UM, ALSO I THINK THAT THE NUMBER OF HOMES ON THIS TOWN, HOMES ON THIS BLOCK IS A NON-ISSUE BECAUSE LET'S SAY THE, IT WAS FULL OF HOMES, THE PERCENTAGE WOULD STILL FALL WITH THAT ONE AROUND THE 12.5% OR POSSIBLY BE OVER. SO I THINK THE FACT THAT THERE'S ONLY FOUR HOMES ON HERE AND ADDING ONE MORE WOULD BE AT 50% IS A NON-ISSUE, BECAUSE IF IT WAS A FULL BLOCK, THE ONE HOME WOULD STILL FALL BETWEEN THE 12.5, POSSIBLY EVEN HIGHER. OKAY. UM, STAFF, IS THERE ANYBODY, SENATOR TO SPEAK OR ANY VOICEMAILS? NO PUBLIC COMMENT. ALL RIGHT. UH, IF THERE'S ANY OTHER COMMISSIONER QUESTIONS, WE CAN MOVE ON TO A MOTION WHO WOULD LIKE TO MAKE A MOTION ON THIS BEN COMMISSIONER BENES REGARDING CASE NUMBER BO A 2 4 1 0 3 0 0 0 1 4 8. I MOVE THAT THE BOARD OF ADJUSTMENTS GRAND SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO SHORT-TERM RENTAL UNIT SITUATED AT 1 2 6 NORTH CHERRY CHERRY STREET, APPLICANT BEING SALVO G SIX. INTEREST LLC 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 UNITED OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNEC 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'S 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, 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 CONSIST OF SINGLE FAMILY STRUCTURES, VACANT COMMERCIAL AND STORAGE UNITS. THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WILL SUBSTANTIALLY INJURE NEIGHBORING PROPERTY AS A TYPE TWO SHORT-TERM RENTAL. D, ADEQUATE UTILITIES, ACCESS, ROADS, STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACILITIES, UM, 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, UH, OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITHIN ONE YEAR. PRIOR TO THE DATE OF THE APPLICATION, THE APPLICANT OR OWNER DOES NOT HAVE ANY CONFIRMED CITATIONS OR ADJUDICATED OFFENSES OR CONVICTIONS AS HE ONLY RECEIVED A NOTICE OF VIOLATION FOR OPERATING WITHOUT A PERMIT AND SUBMITTED AN STR APPLICATION SHORTLY AFTERWARDS. F THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE PROPER, THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO OTHER RESIDENTIAL AND COMMERCIAL USES WITH THE PROPERTY OWNER PROVIDING OFF STREET PARKING AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY. THE 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 OF MOTION. SECOND. SECOND BY COMMISSIONER BEEZ. COMMISSIONER BE, UH, UNFORTUNATELY I WILL NOT BE IN SUPPORT OF THIS MOTION. I THINK EVEN AT 25%, UM, THAT IS TOO HIGH FOR THE BLOCK FACE AND, AND ADDING ANOTHER TYPE TWO, UM, THAT WOULD BRING IT TO 50%. I, I JUST, I CAN'T BE IN FAVOR OF THAT. THANK YOU. COMMISSIONER BERNICE. UH, I'M GONNA BE IN FAVOR OF THE APPLICANT JUST BECAUSE LIKE I STATED PREVIOUSLY, YOU KNOW, WHERE, WHERE THIS IS, IS A, IS A UNIQUE LOCATION. THERE BEING ONLY FOUR HOMES ON THE BLOCK FACE. AND WE DO GOTTA TAKE INTO CONSIDERATION IF THIS WAS A TRUE RESIDENTIAL AREA. AND LET'S SAY WE HAD 15 HOMES ON THE BLOCK FACE, ONE WOULD ONLY PUT US AT 6%, RIGHT? SO WE DO NEED TO TAKE THAT INTO ACCOUNT THAT THERE ARE ONLY FOUR HOMES ON WHAT WE'RE CALLING A TRUE BLOCK FACE, WHEN REALLY IF THERE WERE 10 HOMES, WE'D BE AT 10% IF THERE WERE [01:05:01] ONE. IN ADDITION TO THAT, WE CAN ALSO LOOK AT CLOSER TO A RESIDENTIAL AREA. WE HAVE A HOTEL RIGHT ACROSS THE STREET, RIGHT DOWN THE STREET. WE HAVE A HOLIDAY INN EXPRESS, WHICH IS PUSHED UP RIGHT AGAINST THE NEIGHBORHOOD. AND THESE ARE FURTHER AWAY, RIGHT ACROSS THE STREET IS ALSO THE DOWNTOWN DISTRICT. UM, SO LITERALLY ARE THESE GUYS ON THE OTHER SIDE OF THE STREET? THEY'RE IN DOWNTOWN ZONING AND THIS ISN'T EVEN AN ISSUE. SO I BELIEVE THAT, THAT THIS IS A VERY UNIQUE SITUATION AND LIKE I SAID, I'M USUALLY AGAINST THESE STR WHEN THEY ARE TRULY IN A NEIGHBORHOOD. HOWEVER, WHERE THIS IS LOCATED TRULY IS IN A NEIGHBORHOOD. IT'S NEAR DOWNTOWN. IT'S NEAR ARTS AND ENTERTAINMENT. THIS IS A TOURIST AREA WHERE I BELIEVE THAT AN S ANOTHER SPR WOULDN'T REALLY AFFECT THE, UH, THE CHARACTER OF THE NEIGHBORHOOD. THANK YOU. ANY OTHER COMMISSIONERS LIKE TO ADD? UH, I'M GONNA GO AHEAD AND ADD THAT. UH, I'M FIND MYSELF IN SUPPORT OF THIS AS WELL. I AGREE WITH MR. UNI. I ALSO LIKE TO ADD THAT THERE'S JUST TOO MUCH COMMERCIAL AROUND THIS. AND THE LAST TIME, WHAT WE SAW AN IDZ, UM, A DEVELOPMENT THAT WAS REQUESTING ADDITIONAL STR, THERE WAS, UH, A LOT OF PEOPLE AGAINST IT. UH, THERE'S ALREADY THREE STR HERE AND NOBODY IS OPPOSED TO THIS THING. SO, YOU KNOW THIS. I HAVE TO, I HAVE TO LOOK AT IT. I HAVE TO LOOK AT THAT. UH, THE SECOND THING I NEED TO LOOK AT IS, IS THAT YOU, YOU HAVE, UM, UM, YOU'RE JUST, YOU'RE JUST TOO CLOSE TO PEOPLE WHO WOULD USE THIS. THERE'S A CHURCH ACROSS THE STREET. UH, THERE'S, THERE'S A FUNERAL HOME. AND, AND THE, THE APPLICANT DID STATE THAT THEIR INTENT WAS TO NOT HAVE IT SOLELY BE AS AN SDR. AND FINALLY, IT'S ONLY FOR THREE YEARS. IT'S NOT PERMANENT. SO IF THIS THING HAPPENS TO BE, UM, YOU KNOW, THAT NOT WORK SO WELL FOR THE NEIGHBORS, THEY CAN, THEY CAN CHIME IN AND IN THREE YEARS IT'LL BE REVISITED. SO I'LL BE IN SUPPORT ON THIS PARTICULAR ONE, IT'S HAVE RULE CLUB BELT ONE. THANK YOU COMMISSIONER BEN. I DO NOT CONCUR. COMMISSIONER EZ. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS. OH, SORRY. COMMISSIONER IBANEZ. I DO NOT CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER CRUZ? I DO NOT CONCUR. COMMISSIONER MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER OZUNA? YES, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. UNFORTUNATELY THE MOTION FAILS SIX TO FIVE. WE DO NEED NINE VOTES. SO, UM, YOU CAN GET WITH STAFF AND TALK ABOUT, UH, IF YOU HAVE ANY QUESTIONS OR WHAT TO DO NEXT. BUT THANK YOU VERY MUCH. YES, SIR. ALRIGHT, WE ARE ON ITEM NUMBER TWO. RIGHT. ITEM NUMBER TWO, BO OA DASH 24 DASH 0 3 0 1 2. ADDRESS IS 35 50 WEST WOODLAWN AVENUE COUNCIL DISTRICT SEVEN APPLICANT, JAMIE SOA AND QUEST FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW ATTACHED CARPORT TO BE ONE INCH FROM THE EAST AND WEST SIDE. PROPERTY LINES TO A THREE FOOT FENCE HEIGHT EXCEPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT TO ALLOW A SIX FOOT PRIVACY FENCE IN THE FRONT YARD. THREE, A FIVE FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW FENCE TO BE 10 FOOT FROM THE CURB. AND FOUR, A VARIANCE FROM THE MAXIMUM 50% IMPERVIOUS COVER REQUIREMENT TO ALLOW A FRONT YARD TO BE, TO EXCEED THE MAXIMUM 50% IMPERVIOUS COVER ZONING IS R FIVE. SUBJECT PROPERTY IS LOCATED WITHIN WOODLINE HEIGHTS COMMUNITY EAST OF HILLCREST DRIVE. SITUATED WEST WOODLINE AVENUE. APPLICANT BEING THE PROPERTY OWNER IS PROPOSING CONSTRUCTION OF A CRESCENT SHAPED DETACHED CARPORT AND INSIDING, UH, AND SLIDING ACCESS GATE FROM THE FRONT OF THE PROPERTY. APPLICANT IS REQUESTING A FOREFOOT 11 INSIDE SETBACK VARIANCE TO ALLOW A DETACHED CARPORT TO BE ONE INCH FROM THE EAST AND WEST SIDE. PROPERTY LINES AS WELL AS A THREE FOOT FENCE HEIGHT EXCEPTION. TO ALLOW SIX FOOT PRIVACY GATE ALONG THE FRONT YARD. THE PROPOSED LOCATION OF THE SLIDING GATE WILL REQUIRE FIVE FOOT CLEAR VISION ALLOW, UH, REQUIRE A FIVE CLEAR VISION, FIVE FOOT CLEAR VISION TO ALLOW THE GATE ENTRANCE TO BE 10 FEET FROM THE CURB. [01:10:01] ADDITIONALLY, DURING SITE VISITS, UH, STAFF FOUND THAT THE IMPERVIOUS COVER VARIANCE IS REQUIRED TO THE, THE PROPERTY EXCEEDING THE MAXIMUM 50% IMPERVIOUS COVER. UH, STAFF FINDS THAT THE DRIVEWAY PERMIT WAS APPLIED IN 2014, HOWEVER, NEVER FINALIZED OR INSPECTED DUE THE PROPERTY. UH, SUBJECT PROPERTY LOCATED WITHIN FLOODPLAIN. THE APPLICANT WILL NEED TO APPLY FOR A FLOODPLAIN DEVELOPMENT PERMIT, UH, WITH PUBLIC WORKS AND FLOODPLAIN MANAGEMENT DIVISION. BOTH THE, UH, EXISTING PERVIOUS COVER AND PROPOSED ATTACHED CARPORT PERMITS ARE PENDING THE BOARD OF ADJUSTMENT. THIS IS A SITE PLAN. SO THIS WAS A CASE THAT WAS CONTINUED FROM AUGUST 5TH, 2024. UM, AT THE TIME IT WAS TO CONFIRM THE BOUNDARY LINES, UM, FROM THE SAN ANTONIO CITY OF SAN ANTONIO WITH THE SUBJECT PROPERTY. UM, THEY HAVE SINCE BROUGHT IN THE PROPERTY SURVEY. THESE ARE THE SURVEYS THAT THEY HAD, UM, COMPLETED ON THE PROPERTY. AND THIS IS THE SUBJECT. PROPERTY IS THE HISTORICAL VIEWS OF THE PROPERTY SINCE 2013 AND CLEAR VISION MEASUREMENTS. AND THIS IS A SURROUNDING AREA STAFF'S RECOMMENDATION FOR THE SIDE SETBACK AND IMPERVIOUS COVER. STAFF RECOMMENDS DENIAL AND BO OA DASH 24 DASH 0 3 0 2 0 BASED ON THE FOLLOWING FINDINGS OF FACT, WANNA REDUCE SIDE SETBACKS WILL INJURE THE NEIGHBORING PROPERTIES BY CREATING AN UNSAFE AND DIS DISPROPORTIONATE DISTANCE BETWEEN PROPERTIES. UH, TO THE IMPERVIOUS. UH, COVER VARIANCE WOULD SEVERELY REDUCE THE PROPERTY'S PERMITABLE SURFACE AREA, INCREASING THE RISK OF ES EXCESS WATER RUNOFF AND ADJACENT PROPERTIES AND RIGHT OF AWAY STAFF. RECOMMENDATION FOR CLEAR VISION STAFF RECOMMENDS APPROVAL AND BO OA DASH 24 DASH OR BO OA DASH 24 DASH 0 3 0 0 1 2 0 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE VEHICULAR TRAFFIC WILL NOT BE OBSTRUCTED WITH A CLEAR VISION. AND TWO, THE REDUCED CLEAR VISION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT STAFF'S RECOMMENDATION FOR OFFENSE HEIGHT EXEMPTION, UH, STAFF RECOMMENDS DENIAL MBOA DASH 1 0 3 0 0 1 2 0. THE REQUEST WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS NO OTHER PROPERTIES IN THE IMMEDIATE AREA HAVE FENCES EXCEEDING THE REGULATIONS OF THE UNIFIED DEVELOPMENT CODE AND HEIGHT AND PRIVACY TO THE REQUEST WHEN JUROR THE APPROPRIATE USE OF THE SURROUNDING PROPERTIES STAFF MAILED 31 NOTICES. SIX WERE IN FAVOR, ZERO IN OPPOSITION. AND THE UNIVERSITY PARK NEIGHBORHOOD ASSOCIATION IS ALSO IN FAVOR. AND THESE ARE THE PUBLIC COMMENTS IN FAVOR. THIS CONCLUDES STAFF'S PRESENTATION. APPLICANT IS AVAILABLE FOR QUESTIONS, UH, BEFORE YOU GO. MM-HMM. . UM, I AM VERY UNCLEAR ON WHERE EXACTLY THEIR CARPORT IS. THEY'RE NOT, THE CARPORT HAS NOT BEEN BUILT YET. THIS IS A PROPOSED CARPORT, BUT THEY'RE WANTING TO PUT IT, UM, ACROSS WHERE THE ACRE, THE CRESCENT DRIVEWAY IS. THEY'RE HAVING IT GO ON TOP. YEAH. THE REASON WHY I'M, I'M A LITTLE CONFUSED IS BECAUSE THEY'RE NOT ASKING FROM A, FOR FRONT SETBACK, JUST EAST AND WEST. SO SINCE THIS IS ARCED AS IT GETS TOWARDS THE HOUSE, ARE THEY GOING TO BE BUILDING A RECTANGULAR SHAPED CARPORT THAT'S GOING TO EXTEND BEYOND WHERE, UH, THE DRIVE ON THE, ON THE LEFT SIDE AND THEY'RE DOING A CRESCENT SHAPE AND IT'S GOING OH, IT'S COMPLETELY CRESCENT SHAPE. YES. COMPLETELY. YEAH. IT'S GONNA FOLLOW THE CURRENT DRIVEWAY. SO WHERE I SAW THE, I SAW THE ROOFER RENDERING. I DIDN'T, I I I WAS COMPLETELY CONFUSED ON WHERE IT'S GOING TO LIE ON THE PLAN VIEW TO WHERE THERE WAS GOING TO BE. IT WOULD GET TO AS CLOSE AS ONE INCH TO THE SIDE PROPERTY LINE. WE JUST KIND OF, AT THE TIME WE WANTED TO MAX IT BECAUSE WE COULD NOT VALIDATE EXACTLY WHERE THAT PLACEMENT WAS GONNA BE. 'CAUSE AGAIN, IT'S PROPOSED AND WHERE THEY'RE GONNA PUT IT. OKAY. WELL, SO THEY MAY COME BACK IN AND I'D LOVE TO HEAR SOME CLARIFICATION FROM THE APPLICANTS. LET'S HAVE THE APPLICANT COME FORWARD. AND, AND BEFORE WE BEGIN, THE REASON I WAS ASKING THOSE QUESTIONS IS, IS, UH, WE, THIS BOARD HAS A HISTORY OF, OF, OF, UH, WANTING TO KNOW EXACTLY WHAT YOU'RE ASKING FOR. YES. SO WHEN YOU ASK FOR THE ENTIRE SIDE TO BE ONE INCH FROM THE EAST AND WEST SIDE, IT JUST PAINTS A PICTURE TO TO, TO US. IT MAYBE YOU CAN HELP, UH, UH, YOU KNOW, CLARIFY. WELL, CORRECTION ON THE HEIGHT OF THE FENCE, IT'LL ONLY BE ABOUT, OH YES. CAN WE [01:15:01] HAVE YOUR, UH, OH, MARGARET SOZA. THANK YOU VERY MUCH. MARGARET SOZA, YOU CAN BEND AND THE HEIGHT OF THE FENCE IS ACTUALLY GONNA BE ONLY FOUR AND A HALF TO FIVE FEET, NOT SIX FEET. OKAY. BECAUSE THAT WOULD BE TOO HIGH. NOT PRIVACY. AND IT'S NOT PRIVACY AT ALL. IT'LL BE AN OPEN, UH, SLAT. SO YOU'RE ALLOWED TO DO A FIVE FOOT, PREDOMINANTLY OPEN FENCE, MEANING AT LEAST 70% IS OPEN. MM-HMM. . SO IF THAT'S THE CASE, THEN ITEM NUMBER, UH, TWO IS, IS NO LONGER NEEDED. IF STAFF COULD HAVE LET ME KNOW IF THAT'S I ON THAT. CORRECT. OKAY. ALL RIGHT. PLEASE CONTINUE. AND THE, UM, CIRCULAR PART IS NOT GONNA GO OUT TO THE STREET AT ALL. IT'S JUST TO, WE CANNOT PUT A GARAGE ON OUR PROPERTY 'CAUSE IT IS SO SMALL. OKAY. AND THE, UM, ACTUALLY IT'S NOT EVEN GONNA GO TO THE END OF THE FENCE. IT'S JUST GONNA COVER THE, THE CARS, THE TWO CARS THAT WE HAVE. 'CAUSE WE'VE ALREADY HAD HAIL DAMAGE ON A BRAND NEW CAR. , WE DON'T WANT THAT AGAIN. WELL, SO AS, AS YOU HAD CLARIFIED WITH THE FENCE, UM, YOU ARE ALLOWED TO HAVE IT EXTEND UP TO FIVE FEET TO THE SIDE. MM-HMM. AND UP TO 10 FEET TO THE FRONT. UH, WITH SOME, UH, IT CAN BE ALTERED A LITTLE BIT DEPENDING ON WHERE YOUR SUPPORT POSTS ARE AND OVERHANGS AND ALL THAT GOOD STUFF. OKAY. BUT, YOU KNOW, PERHAPS YOU CAN TALK ABOUT WHERE, WHERE THE, ARE THE POSTS IN RELATION TO THE ACTUAL PHYSICAL DRIVING SERVICE MANNA. SO COMMISSIONER MANNA, SO COULD YOU BRING UP GOOGLE MAPS PLEASE? UH, AND FACE THE, FACE THE HOUSE AND USE THE LEGAL WINNER. YEAH, LET'S, LET'S DO THAT BECAUSE I SEE THE DRIVEWAY AND THEN A GRAVEL SIDING AND IT LOOKS LIKE, UH, 18 INCHES, MAYBE TWO FOOT ON EACH SIDE OF THE DRIVEWAY. UM, AND SO THE QUESTION IS, YOU KNOW, I I GUESS THE QUESTION I'D BE ASKING IS, ARE YOU LOOKING TO PUT THE POST ON THE DRIVEWAY OR RIGHT THERE AT THAT SPOT? UM, YOU KNOW, AND IS THERE GONNA BE AN OVERHANG, YOU KNOW, 'CAUSE THAT KIND OF DEFINES, SO YOU HAVE A LASER PRINTER HERE. LET ME INTRODUCE MYSELF. SURE. MY NAME IS HI MS. SOSA. I'M HER HUSBAND. WE BOTH OWN THE PROPERTY. SO WHAT WE WANTED TO DO, LASER POINTER TWO, SHOW ME WHAT WE WANTED TO DO IS, UH, TO MAKE IT SAFE FOR US USING THAT TURNAROUND DRIVEWAY. I THINK YOU HAD TO HIT A BUTTON OR SOMETHING ON THERE. WHERE'S THE BUTTON ON THERE? I DON'T KNOW HOW THIS WORKS. RED BUTTON. OKAY. THANK YOU. ALL RIGHT. OKAY. SO WE WERE NOT GONNA PUT ANY POSTS ON THE INSIDE CIRCLE 'CAUSE WE WERE WORRIED THAT PEOPLE USING THE DRIVEWAY WERE MIGHT HIT IT. SO WE'RE GONNA DO FOUR POSTS. THE ONLY TWO OF 'EM ON THE, THIS SIDE, THE WEST SIDE AND THE EAST SIDE ARE GONNA BE WITHIN THREE FEET. UH, THEY'RE ASKING FOR A MIN FOR AN INCH MAX, BUT IT'S NOT GONNA BE THAT CLOSE. SO, SO THE SUPPORT POST IS GONNA BE ONE THERE, ONE CLOSE TO THE STEPS, ONE ON THE OTHER SIDE OF THE STEP AND THE OTHER ONE OVER HERE. AND THEN THE OVERHANG WOULD COME AS FAR AS MAYBE DOWN HERE ON BOTH SIDES. SO THERE'S GONNA BE FOUR POSTS. UH, AND THEN THE COVER WOULD COVER THE DRIVEWAY SO THAT WAY WE COULD PARK, UM, IN A CIRCULAR MATTER AROUND THERE. THIS IS A BUS STOP RIGHT HERE. SO THIS, UH, GETS A LOT OF STRANGERS THAT CONGREGATE THERE AND THEY TEND TO GET INTO OUR YARD. UH, THERE'S, ON THE OTHER SIDE OVER HERE, THERE'S A CONVENIENCE STORE. IT'S AN OLDER NEIGHBORHOOD, SO PEOPLE COME THROUGH HERE ALL THE TIME. SO WE NEED THAT FENCE TO MATCH OUR NEIGHBOR'S FENCE. SAME LINE, UH, TO KEEP PEOPLE OUT OF OUR YARD. AND THEN THE CARPORT, SINCE THIS HOUSE IS SO SMALL, THERE'S NO ROOM FOR A GARAGE. UM, WE NEED TO PROTECT OUR VEHICLES AND WE'VE ALREADY HAD HAIL DAMAGE ON OUR BRAND NEW 2024 LEXUS. SO DO YOU FEEL THAT IF A VARIANCE WAS, UH, NOT AS CLOSE AS ONE INCH, BUT LET'S SAY A FOOT AND A HALF JUST TO BE SAFE, THAT WOULD BE ADEQUATE FOR YOU? YES SIR. YES. I'M JUST, SO WHOEVER MAKES A MOTION, I'M PUTTING THAT OUT THERE. UM, PLEASE CONTINUE, SIR. ALSO, THE, UH, PRIVACY FENCE, WE NEVER INTENDED ON PUTTING ONE. IT JUST, THE PICTURE THAT WE SUBMITTED LOOKED LIKE A PRIVACY FENCE. WE WANT TO MAKE SURE THAT YOU CAN SEE THROUGH IT. SO THAT'S NOT GONNA BE AN ISSUE. ALSO, IT WAS BROUGHT UP LAST TIME THAT THE, UH, THE RUNOFF WAS GONNA CREATE PROBLEMS UNLIKE OUR NEIGHBOR. THAT'S TO THE LEFT ON THAT PICTURE WHERE THERE SLOPES INTO OUR SIDE AND DOES CREATE US PROBLEMS. OURS IS GONNA BE A CIRCULAR MOTION AND IT'S GONNA DRAIN INTO OUR FRONT YARD. SO IT'S GONNA BE DRAINING AWAY FROM THE HOUSE AND THE NEIGHBORS. AND IT'S GONNA GO IN TOWARD OUR FRONT YARD, RIGHT INTO THE CURB INLET? YES. YEAH. RIGHT TO THE DRAIN WHERE IT'S RIGHT THERE. ALRIGHT. PLEASE CONTINUE, SIR. IS THERE ANY OTHER [01:20:01] ADDITIONAL INFORMATION? NO, WE NEED THE FENCE FOR PROTECTION AND WE NEED THE CARPORT FOR ALSO PROTECTION OF OUR VEHICLE. SO WE WOULD HOPE THAT YOU WOULD LOOK FAVORABLY ON WHAT WE'RE TRYING TO DO. WE'VE BEEN HERE NINE YEARS. UH, THIS PROPERTY WAS OWNED BY HER FAMILY SINCE 1960. UH, ALSO SCHOOL TEACHERS, UM, THEY WERE NEVER, EVER TO IMPROVE IT. WE BOUGHT IT FROM THEM WHEN WE, UH, CAME BACK TO SAN ANTONIO AND, UH, WE SPENT, UM, OVER 150,000 IN THAT HOUSE REDOING IT. AND SO THE ONLY THING THAT'S LEFT IS TO PROTECT, UH, THE FRONT FENCE TO PROTECT US AND ALSO THE CARPORT. SO, SO YOU SAID YOUR FAMILY, HAS IT ALWAYS HAD A CURVED DRIVEWAY LIKE THAT? NO. OKAY. IT'S JUST ON ONE SIDE. OKAY. THANK YOU. MANA COMMISSIONER MANA. SO, UM, CAN YOU BRING UP THE, UM, THE OVERHEAD, UH, DIAGRAM THAT FOR THE, I GUESS PLAN SUBMITTED PLAN? THERE WE GO. AND CAN YOU ZOOM IN ON THE, UH, RIGHT HAND SIDE OVER THERE THAT SHOWS THE CURVE AND THEN ON THE, SO THERE'S A PICTURE OF A POST THERE THAT SHOWS 10 FOOT, UM, UM, BACK FROM A LINE THERE THAT SHOWS 10 FOOT. UM, AND SO, SO IT APPEARS THAT THERE'S, IF I GOT THIS CORRECTLY, THAT THERE IS NO NO OTHER POST FORWARD OF THAT PARTICULAR SPOT. RIGHT, EXACTLY. AND SO QUESTION FOR THE CITY STAFF HERE IS THAT IF THAT POST IS 10 FOOT BACK, WHERE, I GUESS WHERE IS THE CITY PROPERTY LINE, UH, BEING, YOU KNOW, SO ACCORDING TO THIS PICTURE HERE, UH, SO THIS PICTURE HERE, SO IF YOU GO TO, UH, PRETTY MUCH, UM, THE, FROM THE ONE STOP MAP, IT'S ABOUT 10 FEET FURTHER UP. WE FOUND OUT BECAUSE THE PROPERTY IS, UH, ONE SECOND 140 IN, UH, 140 FEET IN DEATH. SO IT'S KIND OF RIGHT WHERE THE SIDEWALK STARTS IS WHERE THE PROPERTY LINE PREVIOUSLY THOUGHT IT WAS 10 FEET BEHIND THERE. UM, IT WAS PRETTY MUCH, UH, WHERE THE SIDEWALK KIND OF INDEN RIGHT THERE, WHERE, WHERE THE FENCE STOPS IS WHERE IT WOULD BE. SO MAYBE STILL A LITTLE CONFUSED HERE. SO, SO PER THE MAP, YOU KNOW, IT HAS A SIDEWALK THERE AND IT SHOWS WHAT APPEARS TO BE PROBABLY THREE FEET BEYOND THE SIDEWALK IS WHERE HE IS MEASURING 10 FEET WITH REGARDS TO THE FENCE LINE. AND SO, SO, UM, AGAIN ASKING, YOU KNOW, WHERE, SO IS THAT 10 FOOT AT BASICALLY WHERE THE FENCE IS CURRENTLY? IS THAT THE, IS THAT THE, UM, THE KNOWN CORRECT. THAT'S THE KNOWN SETBACK, WHICH IS DOES NOT MATCH THE ONE STOP MAP WHICH WE CALCULATED FROM LAST MEETING. OKAY. SO IF THE POST IS 10 FOOT BACK FROM, FROM THE FENCE LINE, IS THAT EVEN PART OF HIS DIALOGUE THEN? IT'S NOT PART OF THE REQUEST. NOT FROM THE FRONT SIDE. OH, JUST SIDE. OKAY. OKAY. SORRY, IT HAD, I HAVE SIX DIFFERENT THINGS ON THIS PARTICULAR CASE HERE, SO SORRY. OKAY. SORRY. OKAY. ALL RIGHT. ANY OTHER COMMISSIONER QUESTIONS? UH, IS THERE ANY VOICEMAILS OR PUBLIC COMMENTARY? NO PUBLIC COMMENT. ALL RIGHT. UH, WELL, WE'RE GONNA DELIBERATE, WE'LL SEE HOW THIS TURNS OUT. UM, LOOKING FOR A MOTION. AND AS MENTIONED PREVIOUSLY, UH, ITEM NUMBER ONE, UH, COULD, COULD BE ADJUSTED TO A THREE AND A HALF FOOT VARIANCE TO ALLOW A ATTACHED CORPORATE TO BE AS CLOSE AS 18 INCHES. ITEM TWO COULD BE STRIPED AND THE REST OF IT REMAINS. EXCUSE ME, CHAIR. YES. WE DIDN'T TALK ABOUT THE IMPERIOUS COVER. RIGHT. UM, THE IMPERVIOUS COVER IS CURRENTLY EXCEEDING, UH, THE 50% REQUIREMENT. UM, THE ONLY WAY FOR THEM TO FIX THAT IS TO REMOVE THE ARCH ARCHED DRIVEWAY. UH, SO THERE'S IF AND BANA. YES, COMMISSIONER. SO, SO, UM, AND MAYBE ONE OF THE THINGS I THINK THAT WE HAVE DONE IN THE PAST IS WE PUT A NUMBER ON THERE WITH REGARDS TO THE PERCENTAGE OF IMPERVIOUS COVER THAT WOULD BE PERMITTED. AND SO, SO, SO, YOU KNOW, I I WAS GOING TO SUGGEST SOMETHING ALONG THAT LINE AND I WAS JUST GONNA GUESS IT'S 60%. UM, SO, SO IT COULDN'T BE ANYTHING MORE THAN THAT. STAFF IS THERE, UM, IS INSIDE OF THE ARCHED, UH, DRIVEWAY, IS THAT CONSIDERED IMPERVIOUS? BECAUSE IT'S PAVERS, SO IT'S THE ENTIRE FRONT YARD. UM, SO IF THE CARPORT'S NOT ATTACHED TO THE HOME, THEN IT HAS TO BE INCLUDED. UM, NO, THE, THE, UH, THAT CIRCULAR PART THAT LOOKS LIKE THERE'S JUST SOME, SOME PAVERS DOWN. IS THAT CONSIDERED IMPERVIOUS OR PERVIOUS TO YOU GUYS? IT'S IMPERVIOUS. EVEN THOUGH IT'S NOT GROUTED, IT LOOKS LIKE THERE'S NO, IT'S NOT A GROUTED PAVER. I DON'T THINK ANYTHING ABSORBS INTO THAT. LET'S HAVE THE APPLICANT COME BACK FORWARD, UH, MR. SOSO. SO, UM, WE DID GET A PERMIT FOR THAT DRIVEWAY, BUT WHAT'S IN BETWEEN IT IS JUST FLAGSTONE. THEY CAN BE, I MEAN, IF IT'S AN ISSUE, WE CAN REMOVE IT AND PUT GRASS. WE JUST PUT THAT THERE WITH GRAVEL [01:25:01] SO THE DOGS WOULDN'T DO THEIR BUSINESS THERE, YOU KNOW, THAT'S WHY THEY PUT GRASS. BUT IF THAT, I MEAN, THE ONLY THING THAT'S CONCRETE IS WHAT YOU SEE GOING AROUND, BUT THAT NOTHING IS GROUTED OR IT'S JUST PUT INTO THE GROUND, WE CAN TAKE IT OFF IF THAT'S AN ISSUE. IT'S PURPOSE. YEAH, I MEAN THIS IS, I GUESS IT'S UP TO US. UM, IF WE CAN PUT A NUMBER ON IT STAFF, IS THERE A NUMBER THAT YOU THINK THAT THEY'RE CURRENTLY AT THAT WE COULD PUT? IF YOU'RE JUST TALKING ABOUT THE DRIVEWAY, WE DID A ROUGH CALCULATION, WHICH A LITTLE BIT ABOVE 75%. SO IT'D BE SAFE, IT'D BE AROUND 80%. SO 80% IT'S FOR THE DRIVEWAY. RIGHT. JUST A QUESTION FOR STAFF. BUT THEY COULD REVIEW THE FLAGSTONE IN THE CENTER COULD POTENTIALLY BE IMPERVIOUS COVER AS WELL, WHICH WOULD THEN MEET ANY KIND OF IMPERVIOUS COVER REQUIREMENT THAT WE'RE PLACING ON THE PROPERTY. CORRECT. THEY COULD MAKE THAT PERVIOUS TO, TO SATISFY IT AS WELL. AND, AND THAT 8% INCLUDES THE FLAGSTONE AREA? IT DOES NOT. OKAY. ALL RIGHT. SO WITH THAT, I'M LOOKING ANA. YES. COMMISSIONER MANNA REGARDING, SO I WAS GONNA READ THE MOTION UNLESS BE SET A QUESTION. OKAY. NO, PLEASE PROCEED. SO REGARDING CASE NUMBER BOA 2 4 1 0 3 0 0 1 2 0, I MOVED THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A ONE, UM, FOR A ONE FOOT SIX INCH VARIANCE FROM THE MINIMUM, UH, FIVE FOOT SETBACK TO ALLOW A DETACHED CARPORT TO BE, UH, UM, 18 INCHES FROM, I GUESS IT WOULD BE THREE FOOT SIX INCH VARIANCE TO ALLOW A DETACHED CARPORT TO BE, UH, ONE FOOT SIX INCHES FROM THE EAST AND WEST SIDE, PROPERTY LINES. UM, AND TWO, A VARIANCE FROM THE MAXIMUM, UH, 50%, UH, AND PREVIOUS COVER TO BE AT 80% TO ALLOW A FRIEND YARD TO EXCEED, UM, THE MAXIMUM 50% IMPERVIOUS COVER SITUATED AT 3 5 5 0, UH, WEST WOODLAWN AVENUE, APPLICANT BEING, UH, UH, JAIME SOSA BECAUSE IT TESTIMONY PRESENTED TO US, UH, THE CLEAR VISION. DID WE HAVE TO DO CLEAR VISION? YEAH, THAT WAS, UH, THE ITEM THREE OF THE, UH, REQUEST. IS THAT IT, IS THAT IN THE, UH, STANDARD LANGUAGE? IT WAS, IT IS A FIVE FOOT VARIANT FOR THE MINIMUM OF 15 FOOT CLEAR VISION TO ALLOW A 10 FOOT YEAH. DRIVEWAY FROM THE CURB. IS THAT ON THE MOTION SKELETON? IT'S NOT IN THE MOTION I HAVE. SO, UM, DID FIVE FOOT VARIANCE, UH, IF YOU WANT TO ADD IT ON THERE, IT'S A FIVE FOOT VARIANCE FROM THE 15 FOOT MINIMUM CLEAR VISION TO ALLOW A 10 FOOT CLEAR VISION DRIVEWAY. SO I'M CONFUSED. I'M NOT SURE WHICH ONE WE TOOK OUT THEN. OH, SO THERE WAS, IT, THERE WAS PROBABLY TWO SKELETON MOTIONS. ONE FOR THE FENCE AND THEN ONE FOR THE, THE REST. THAT'S WHAT WE'RE TAKING OUT. YEAH. SO YEAH. SO THEN I GUESS, SO THE FIVE FOOT VARIANCE FOR THE MINIMUM 15 FOOT CLEAR VISION OR AS WELL IN THIS MOTION, SORRY, UM, SITUATED AT 3 5 5 0 WEST WOODLAWN AVENUE. APPLICANT BEING , BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTERS PROPERTY SUCH AS LIBERAL ENFORCEMENT, THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. UH, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE REQUESTS ARE NOT CONTRARY TO THE PUBLIC INTEREST AS A CLEAR VISION SETBACK, VARIANCES WILL NOT, UH, IMPEDE THE RIGHT OF WAY AND WILL PROVIDE SUFFICIENT DISTANCE FROM NEIGHBORING PROPERTIES. ADDITIONALLY, THE IMPERVIOUS, THE EXISTING IMPERVIOUS COVER ALLOWS ADEQUATE WATER ABSORPTION AND WILL NOT ENHANCE WATER RUNOFF AND FLOODING CONDITIONS FOR ADJACENT PROPERTIES. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS PROPOSED DETACHED CARPORT AND SLIDING GATE WOULD HAVE TO BE REDESIGNED TO ABIDE BY ALL REQUIREMENTS OF A SMALLER LOT. ADDITIONALLY, REMOVAL, EXISTING IMPERVIOUS COVERAGE, UH, WILL BE REQUIRED TO INCREASE THE PERMEABLE SURFACE AREA OF THE PROPERTY. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE VARIANCE, THE VARIANCES OBSERVED THE SPIRIT OF THE ORDINANCE AND WILL NOT INJU THE ORDINANCE THAT WILL NOT INJURE THE NEIGHBORING PROPERTIES OR RESIDENCES IN THE SURROUNDING AREA. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH IS VARIANCE IS LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FORM PROPERTY OR ALL THROUGH THE CENTRAL CARE TO THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. STAFF FINDS GRANTING THE, UH, THE VARIANCES WILL NOT ALTER THE CENTRAL CARE TO THIS DISTRICT AND WILL NOT INJURE NEIGHBORING PROPERTIES WITHIN THE LOCAL AREA. THE APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THIS VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN DISTRICT WHICH HIS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCES ARE SOUGHTED DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE LOCATION OF THE LOT AND DISTANCES FROM NEIGHBORING RESIDENCES. AND A MOTION IS THERE A SECOND? SECOND. SECOND. [01:30:01] BY COMMISSIONER BEES. COMMISSIONER MANNA. SO, SO ONE OF THE THINGS THAT WE ALWAYS LIKE TO DO IS TRY TO, YOU KNOW, RIGHTSIZE THE REQUEST. AND I THINK THAT, YOU KNOW, WITH DIALOGUE WITH THE APPLICANT HERE, I THINK THAT WE HAVE SUCCESSFULLY DONE THAT WITH REGARDS TO, UM, BOTH THE, UM, UH, THE, THE SIDE SPACING FOR THE, FOR THE, UM, CARPORT. AND THEN I THINK ALSO WITH REGARDS TO THE IMPERVIOUS COVER, UM, YOU KNOW, OVERALL BEFORE WE EVEN HAD THIS DISCUSSION, NEIGHBORHOOD ASSOCIATION WAS KIND OF IN, IN, UH, I GUESS IN AGREEMENT. SO, SO I THINK WE'VE EVEN RIGHTSIZED THIS APPROPRIATELY, YOU KNOW, BASED UPON THE, THE CITY'S CONCERNS OR MY CONCERNS. SO I'LL BE VOTING IN FAVOR. THANK YOU COMMISSIONER BENAVIDES, I AGREE WITH MY, MY COLLEAGUES. YOU HAVE, UH, UM, YOUR NEIGHBOR SUPPORT. YOU ARE FLEXIBLE WITH, UH, THE PLANNING. SO I, I'LL BE IN SUPPORT OF THE MISSION. ANY OTHER COMMISSIONERS LIKE TO ADD HEARING UNANIM? UNLESS HAVE A ROLL CALL VOTE PLEASE. UM, YES, COMMISSIONER MAR, UH, JUST TO BE CLEAR WITH THE BACK AND FORTH THAT WE HAD HERE INITIALLY, COULD YOU RESTATE THE FIRST PARAGRAPH IN ITS FINAL FORM? SURE. IT'S A, IT'S ESSENTIALLY AN 18 INCH, UM, WE'RE ALLOWING FOR AN 18 INCH, UM, SIDE SETBACK ON BOTH SIDES. WHY DON'T YOU REREAD THE WHOLE PARAGRAPH? OKAY. OKAY. UM, I MOVED THAT THE BOARD OF ADJUSTMENT, SO, UH, UH, CASE NUMBER 1 2 0, I MOVED THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A THREE FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW DETACH DETACHED CARPORT TO BE ONE FOOT SIX INCHES FROM THE EAST AND WEST SIDE. PROPERTY LINES. AND THEN TWO, A FIVE FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A FENCE TO BE 10 FEET FROM THE CURB. AND THREE, A VARIANCE FOR THE MAXIMUM 50% IMPERVIOUS COVER TO BE 80% TO ALLOW THE FRONT YARD TO EXCEED THE MAXIMUM 50% IMPERVIOUS COVER SITUATED AT. IS THAT OKAY? OKAY. THANK YOU. ALRIGHT, SO LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES. I CONCUR. COMMISSIONER BARRINGTON? I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER BONNI, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 11 TO ZERO. CONGRATULATIONS. UM, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. THANK YOU. THANK YOU ALL. THANK YOU. ALRIGHT, ITEM NUMBER FIVE AT TWO 15 SOUTH ELMENDORF. AND REAL QUICK, UM, THE APPLICANT FOR, UH, KO ANA JUAREZ. OKAY. OKAY. JUST WANNA MAKE SURE. OKAY. OKAY. BO OA 24 1 0 3 0 0 1 5 1 ADDRESS, 2 1 5 SOUTH ELMENDORF COUNCIL DISTRICT FIVE APPLICANT ANNA JUAREZ. REQUEST ONE A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW RESIDENTIAL STRUCTURE TO BE ONE INCH FROM THE FRONT SETBACK. TWO, A 17 FOOT SIX INCH VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW TWO FOOT SIX INCH REAR SETBACK. THREE A 307 SQUARE FEET VARIANCE FROM THE MINIMUM LOT SIZE REQUIREMENT OF 4,000 SQUARE FEET TO ALLOW A 3,693 SQUARE FEET. LOT. A FOUR A FIVE FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION TO ALLOW A 10 FOOT DRIVEWAY CLEAR VISION. FIVE. A VARIANCE FROM THE FENCE MATERIALS TO ALLOW FOR A CORRUGATED METAL FENCE ON THE PROPERTY. SIX. A THREE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT TO ALLOW A SIX FOOT PRIVACY FENCE IN THE FRONT YARD. ZONING IS MULTIFAMILY. SO DID PROPERTY IS LOCATED ALONG SOUTH ELMENDORF STREET, SOUTH OF BUENA VISTAS STREET. LOCATED WITHIN THE PROSPECT HILL NEIGHBORHOOD ASSOCIATION. THE APPLICANT IS SEEKING TO DEVELOP A SINGLE FAMILY HOME ON A MULTIFAMILY LOT PURSUANT TO NOTE FOUR IN SECTION 35 3 10 DASH OH ONE OF THE UNIFIED DEVELOPMENT CODE. SINGLE FAMILY LOT DEVELOPMENT WITHIN A MULTIFAMILY ZONING DISTRICT SHALL MEET THE MINIMUM LOT REQUIREMENTS FOR AN R FOUR ZONING DISTRICT. THE LOT IS FLANKED BY AN ADEQUATELY PORTIONED TO R SIX IN THE REAR AND ABUTS ANOTHER MF 33 MULTIFAMILY TO THE SOUTH THAT IS SIMILARLY BUILT WITHIN THE REAR AND FRONT SETBACKS UNDER THE CURRENT CODE FOR A SINGLE FAMILY STRUCTURE AND A MULTIFAMILY DISTRICT. THE SITE PLAN SUBJECT PROPERTY [01:35:18] SURROUNDING AREA STAFF RECOMMENDATION FOR THE MINIMUM LOT SIZE AND CLEAR VISION VARIANCES. STAFF RECOMMENDS APPROVAL AND BOA 2 4 1 0 3 0 0 1 5 1 BASED ON THE FOLLOWING FINDINGS OF FACT ONE, THE LOT SIZE VARIANCE IS MINIMAL AND THE LOT CAN MAINTAIN A SINGLE FAMILY DWELLING. NO AGGRAVATING FACTORS EXIST THAT PREVENT ACCOMMODATIONS FOR THE REDUCED, UH, DRIVEWAY. CLEAR VISION AND STAFF RECOMMENDATION FOR THE FRONT SETBACK, REAR SETBACK AND CORRUGATED FENCE METAL VARIANCES STAFF RECOMMENDS IN DENIAL AND BOA 24 1 0 3 0 0 1 5 1 BASED ON THE FOLLOWING FINDINGS OF FACT, THE REDUCED SETBACKS WILL AGGRAVATE FIRE SAFETY AND WATER. WATER RUNOFF ISSUES. NO OTHER PROPERTIES WITHIN THE IMMEDIATE VICINITY EXHIBITED CORRUGATED METAL, UH, FENCE MATERIAL. AND THREE, THE REQUEST WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. AND FINALLY, THE FENCE HEIGHT. SPECIAL EXCEPTION STAFF RECOMMENDS DENIAL IN THE SAME CASE BASED ON THE FOLLOWING FINDINGS OF FACT, NO OTHER PROPERTIES IN THE AREA EXHIBITED OFFENSE HEIGHT IN EXCESS OF THE UDC GUIDELINES AND THE REQUEST WILL ALTER THE ESSENTIAL CHARACTER OF THE, HMM, WE MAILED OUT 23 NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION. PROSPECT HILL NEIGHBORHOOD ASSOCIATION IS IN FAVOR OF REQUEST NUMBER THREE CONCERNING THE LOT SIZE MINIMUM AND IS IN OPPOSITION ON ALL OF THEIR REQUESTS ON THIS CASE. HERE WAS THE INITIAL MAIL SUBMISSION. UM, AND THEN IT WAS CLARIFIED IN THE NEXT SLIDE WITH THE EMAIL SUBMISSION FROM THE PRESIDENT OF PROSPECT HILL. THEY HAD CONCERNS ON ALL THE OTHER VARIANCES, BUT SAID THEY WERE IN SUPPORT OF THE MINIMUM LOT SIZE. I THIS CONCLUDES STAFF PRESENTATION. THE APPLICANT IS AVAILABLE. YEAH, BEFORE YOU GO, UM, IT LOOKS LIKE THE, THE, THE, THE CRUX OF THE FRONT SETBACK IS, IS AN ENTRY MM-HMM. , UH, STRUCTURE. DO YOU KNOW HOW WIDE THAT IS? LEMME SEE IF WE GOT A MEASUREMENT. LEMME SEE IF WE HAVE A MEASUREMENT. OKAY. JUST, JUST FOR, UH, WHOEVER ENDS UP MAKING THAT MOTION BE USEFUL TO KNOW. ALL RIGHT. BUT THAT'S, UH, WHILE YOU, WHILE YOU'RE LOOKING INTO THAT, WE CAN HAVE THE APPLICANT COME FORWARD. SHOULD BE IN THE SITE PLAN. ALRIGHT. IT'S ABOUT A, IT'S ABOUT FIVE FEET ROUGHLY FEET. SO WHOEVER MAKES A MOTION, MAYBE A SIX FOOT, JUST TO, TO GIVE HIM A LITTLE EXTRA. YES. MY NAME IS LOUIS OLIS. I'M AN ENGINEER HERE IN SAN ANTONIO AND I'M PRE, UH, PREPARED THE SIDE PLAN, UH, FOR THE OWNERS HERE AT THESE TWO ARE THE OWNERS. AND JUST TO GIVE YOU A LITTLE BACKGROUND ON THIS, UH, THEY PURCHASED THIS PROPERTY NOT TOO LONG AGO AND WE'RE, UH, TRYING TO REPAIR IT AND GET IT, UH, INTO AN OCCUPIABLE, UH, CONDITION. UH, THE FRONT SETBACKS THAT, UH, ARE IN QUESTION THO THOSE WERE BUILT, UH, AS IS. AND THE ENCROACHMENTS ON, UH, THE FAR RIGHT SIDE, UH, HITS A, UH, IT'S REAL CLOSE WITHIN A COUPLE FEET OF, UH, THE PROPERTY LINE, BUT IT DOES, UH, UH, BUT TO AN ALLEYWAY. UH, SO IT'S NOT A, UH, DANGER OF, UH, UH, ANY, UH, FLAMMABLE PCE IN THAT, ON THAT SIDE. AND THE, UH, THE FRONT, UH, ENCROACHMENT IS ALSO TO A STREET SIDE. THESE, UH, THIS STRUCTURE WAS THERE. THE ONLY THING THEY ADDED WAS, UH, THAT WAS ADDED. THEY DIDN'T DO IT. THEY PURCHASED IT THIS WAY, WAS ABOUT FIVE FEET ON THE RIGHT HAND SIDE. THAT WAS ALREADY, UH, WAS ADDED. I THINK THAT WAS DONE WITHOUT A PERMIT AT THE TIME. AND THESE PEOPLE, UH, WENT IN TO APPLY FOR THAT PERMIT TO, UH, TO GET IT APPROVED. AND THAT'S WHEN THEY FOUND, UH, THEY WERE IN, UH, NON-COMPLIANCE WITH SETBACK RULES. BUT THERE WAS A SECTION OF IT, UH, IN THE BACK THAT IT WAS ALREADY LIKE THAT. SO IN ESSENCE, ALL THEY DID WAS EXTEND IT UP TO THE FRONT. OKAY. UM, I HAVE A CLARIFICATION, CLARIFICATION QUESTIONS FOR YOU WITH THE BOARD. SO I'M GONNA START WITH, WITH SOMETHING FOR STAFF. SO THIS IS ON MF 33. THERE'S A SINGLE FAMILY [01:40:01] HOME IN IT. UH, WHAT IS THE FRONT SETBACK? UH, SO THE FRONT SETBACK IS FACING ALMANOR. UH, THIS WAS, THIS LOT APPEARS THAT IT WAS SPLIT. SO THIS USED TO BE JUST A SECOND UNIT, WHICH THE NOW FRONT SETBACK USED TO BE THE SIDE SETBACK. UM, BUT BECAUSE THEY'RE DOING ADDITIONS AND ALL THIS OTHER STUFF, UM, RIGHT. WE WANTED TO PUT IT ON THERE. IT LOOKS LIKE THE PORCH COULD NOT, EVEN IF IT WAS MF 33 WITH THE SIZE SETBACK, IT WOULD STILL BE ENCROACHING INTO THE SETBACKS ANYWAY. SO IT APPEARS JUST TO VERIFY FOR THE WHOEVER MAKES A MOTION, THE, THE MAJORITY OF THE FRONT OF THE HOUSE THAT FACES ELMENDORF IS SIX FEET FROM THE STREET. THAT'S CORRECT. WITH THE COVERED ENTRY BEING, LET'S SAY, IS SIX FOOT WIDE? NO, I THINK IT'S MORE THAN THAT. IT'S MORE LIKE ABOUT, UH, BETWEEN 10 TO 12 FOOT WIDE. OKAY. IT'S, IT'S JUST VERY COMMON FOR US TO MAKE A MOTION THAT IS, THAT IS SPECIFIC TO WHAT IS GOING ON. IF YES, SIR. UH, SO 12 FEET IS A, IS A NUMBER WE'RE HEARING. UM, AND I'M SORRY, I THOUGHT YOU MEANT, UH, DEPTH, SO, BUT YOU'RE RIGHT. I WAS TELLING YOU TO DEATH. SO SORRY ABOUT THAT. SO THE, SO THE MAJORITY OF THE HOUSES SIX FEET AWAY ACCORDING TO THE SITE PLAN, IS LIKE SIX FEET IN A, IN AN INCH. BUT, YOU KNOW, IT'S, IT'S, IT WOULD NEED A FOUR FOOT VARIANCE WITH ONE INCH FOR A 12 FOOT WIDE COVERED ENTRY FOR WHOEVER WOULD LIKE TO MAKE THAT MOTION. UM, AND YOU DO GET CREDIT FOR HALF THE ALLEY. THAT'S WHAT THE SIDE IS OF NO ISSUE. YES, SIR. UH, ON THE ADDITION, WHAT HAS THAT BEEN CONSTRUCTED? IT'S ALREADY THERE. THEY PURCHASED IT THAT WAY IN THE FACE OF THE HOME. THIS IS 'CAUSE AT TWO AND A HALF FEET. ONCE YOU GET LESS THAN THREE, EVEN THE OVERHANGS START IS THE OVERHANG AT TWO AND A HALF OR THE HOME AT TWO AND A HALF. UH, THE, UH, OVERHANG, WELL, IF YOU LOOK THE OVERHANG IS, UH, I THINK IT'S FROM THE WALL. THIS IS AT THE REAR THOUGH. YEAH. SO IF I ON THE NO, THIS IS AT THE FRONT. YEAH, AT THE, AT THE REAR ADDITION. OH, OKAY. YEAH. THE REASON WHY I'M ASKING IS YOU'RE, YOU'RE REQUESTING THE REQUEST IS FOR TWO AND A HALF FEET, BUT ONCE YOU GO LESS THAN THREE OVERHANGS ARE NOW PART OF IT. RIGHT? SO IF THE OVERHANG IS CLOSER THAN TWO AND A HALF FEET, WE CAN'T APPROVE IT 'CAUSE IT'S ONLY BEEN ADVERTISED AT TWO AND A HALF. SO IF THE HOUSE IS AT, LET'S SAY THREE AND YOU HAVE A SIX INCH OVERHANG, WE CAN ENTERTAIN IT. GOTCHA. IF YOU'RE, IF THE OVERHANG IS ANYTHING LESS THAN TWO AND A HALF FEET, WE CAN'T APPROVE IT AT TODAY'S MEETING BECAUSE IT WASN'T ADVERTISED. OKAY. APPROPRIATELY, STAFF IS TWO AND A HALF FEET YOU THINKS TO THE OVERHANG OR TO THE HOUSE? THAT WAS TO THE OVERHANG AS WE CALCULATE. OKAY. OKAY. I JUST WANTED TO MAKE SURE I ASKED THAT QUESTION. UM, AND IS THERE ANY QUESTIONS FROM THE COMMISSION FOR THE APPLICANT WHILE HE'S UP HERE? SO THE QUESTION WOULD BE ON ISSUES UNIT? YEAH. JUST OBVIOUSLY ONCE YOU GO THROUGH THE PERMIT THAT IT WOULD HAVE TO MEET ALL THE BUILDING, FIRE SAFETY, UH, ELECTRICAL, I DON'T KNOW IF THERE'S ANY PLUMBING OR FIRE ANY NO, TH THIS WAS JUST, UH, UH, AM AMPLIFICATION OF ROOM SPACE. THEY DIDN'T HAVE ANY PLUMBING IN THERE. UH, THERE'S SOME ELECTRICAL THAT HAS TO BE REROUTED OR RELOCATED OR THAT WAS BEING RELOCATED. MM-HMM. THEY KNOW THAT THEY'RE GONNA HAVE TO OBTAIN ALL THOSE PERMITS TO, UH, COMPLY WITH, UH, COSA RULES. GOTCHA. OKAY. THANK YOU. ANY OTHER QUESTIONS FROM THE COMMISSION? MANNA COMMISSIONER MANNA, CAN YOU BRING UP THE, UM, POSITION FROM, UH, THE NEIGHBORHOOD ASSOCIATION SAYS, 'CAUSE I, YOU KNOW, IT WAS KIND OF APPLES AND ORANGES. TRY TO COMPARE EACH POINT TO WHAT WAS LISTED, UH, FROM THE APPLICATION. SO I WAS GOT A LITTLE BIT CONFUSED THERE. SO HERE, IF I UNDERSTAND CORRECTLY, YOU KNOW THE FIRE RATING THAT'S RESOLVED BY BY CITY CODE? CORRECT. AND SO, SO SO THAT CONCERN SEEMS LIKE THAT WOULD BE MET BY, BY THAT PERSPECTIVE, CORRECT? YES. YEAH, BECAUSE YOU DO HAVE A PERMIT APPLIED FOR RIGHT? DIDN'T NOT YET. THEY HAVE TO, I THINK THEY HAVE TO COMPLETE THIS BEFORE THEY CAN EVEN SUBMIT APPLICATION. WE JUST WANNA MAKE SURE EVERYBODY'S GONNA BE LOOKING AT IT. YES SIR. COMMISSIONER MANNA. AND SO, AND SO THE SAME POSITION WOULD APPLY FOR THEIR BULLET POINT FOR NUMBER TWO WITH REGARDS TO, UH, THE FIRE RATING. AND SO, SO, UM, THAT WOULD ALSO BE TRUE STATEMENT, CORRECT? THAT'S CORRECT. AND THEN THREE THAT THEY DIDN'T HAVE AN ISSUE WITH, WITH THAT PERSPECTIVE. UM, AND THEN I GUESS THE DEFENSE MATERIAL. SO, SO THERE IS A CHALLENGE FOR FENCE MATERIAL AND SO, UM, YOU KNOW, SO IT DOESN'T COMPLY WITH THE REST OF THE NEIGHBORHOOD. SO, SO IF I WAS READING THIS, I PROBABLY WOULD NOT BE INCLUDED THAT. UM, AND THEN, THEN I GUESS THE QUESTION FOR THE, UM, THE, THE FRONT FENCING, UM, IS THAT GONNA BE PREDOMINANTLY OPEN FENCING, UH, ON THE FRONT? WHAT [01:45:01] WAS THE QUESTION? SO ON NUMBER FIVE, SO THE POSITION HERE IS ON THE, UH, FENCING, IS THAT GONNA BE PREDOMINANTLY OPEN FENCING? UH, FOR THE FRONT. OKAY. HE'S GONNA MA MAKE IT A, A VISIBLE, UH, FENCE, BUT, UH, BUT WITH WOOD, IS HE, IS HE STILL ASKING FOR A SIX FOOT HEIGHT BECAUSE HE CAN DO FIVE BY, RIGHT? NO, HE, HE SAID HE CAN DO FIVE. OKAY. SO THEN, UH, THAT, SO THAT CAN BE THAT STRUCK AS WELL THEN, IS MY UNDERSTANDING. WELL JUST VERIFY THAT PREDOMINANTLY OPEN MEANS 70% OPEN. IF, IF HE'S GONNA CONSTRUCT IT BY WOOD, IS HE STILL GONNA ACHIEVE 70% OPEN? OKAY. HE'S GONNA MAKE IT OUT OF STEEL. THAT WAY HE CAN MAKE IT, UH, FOR SURE WITHIN THAT 70. ALRIGHT, THANK YOU PERCENT. THANK YOU ALL. ANYTHING, ANY OTHER, OKAY. ANY OTHER COMMISSIONER QUESTIONS? UH, IS THERE ANY, ANYONE SIGN UP TO SPEAK ANY VOICEMAILS? NO PUBLIC COMMENT. ANY LAST WORDS BEFORE WE DELIBERATE? NO, THEY'RE FINE. THANK YOU, SIR. ALL RIGHT. LOOKING FOR A MOTION? OH, ZOW. OH, ROCKET COMMISSIONER ZUNA. OH, DID HE, HE WAS, AMANDA WAS TAKING ALL THE NOTES. HE WAS READY TO GO. I GOT, I GOT MY NOTES HERE. OKAY, GO. GO AHEAD COMMISSIONER. OKAY. REGARDING CASE NUMBER BO EIGHT DASH 24 DASH 1 0 3 0 0 1 51, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT WON A, UH, FOUR FOOT VARIANCE, UH, FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW THAT RESIDENTIAL STRUCTURE TO BE SIX FEET BACK. UH, ALL, NOT INCLUDING, I'M SORRY, THAT WOULD'VE BEEN A SIX FOOT FRONT SETBACK VARIANCE ON THE FRONT. UM, 10 FROM THE VARIANCE MINIMUM 10 FOOT TO ALLOW RESIDENTIAL STRUCTURE TO BE, UH, FOUR FEET FROM THE FRONT SETBACK, UH, BUT NOT INCLUDING A, THE FRONT PORCH AREA, WHICH WOULD BE A ONE INCH VARIANCE FROM THE, UH, FROM THE 10 FOOT RIGHT TO ALLOW THAT STRUCTURE TO BE. UM, THAT WOULD BE THEN NINE FEET, UM, 11, 11 INCHES FROM THE FRONT, JUST INCLUDING JUST FOR THAT FRONT PORCH SECTION THAT'S ALREADY EXISTING, UM, TO A 17 FOOT SIX INCH VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW THAT TWO FOOT SIX SIX INCH REAR SETBACK. UH, FIVE IS, IS, UH, IS UH, APPROVED, WHICH IS A 307 SQUARE FOOT VARIANCE FROM THE MINIMUM LOT SIZE REQUIREMENT OF 4,000 SQUARE FEET TO ALLOW A 36 93 SQUARE FOOT LOT. AND FOUR, A FIVE FOOT VARIANCE OF MINIMUM 15 FOOT CLEAR VISION TO ALLOW A 10 FOOT DRIVEWAY CLEAR VISION. UM, NUMBER FIVE WOULD BE STRICKEN, UH, BECAUSE THE CORRUGATED MATERIAL WILL NOT BE ALLOWED ALL SITUATED AT TWO 15 SOUTH ELMOR FOR APPLICANT BEING ON JUEZ BECAUSE THE TESTIMONY PRESENTED TO US THE FACTS THAT WE HAVE DETERMINED. SO THE PHYSICAL CHARACTER OF THE PROPERTY, SUCH THAT LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. UH, SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRACT TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE APPLICANT IS RE IS REQUESTED FRONT SETBACK, REAR SETBACK, MINIMUM LOT SIZE DRIVEWAY, CLEAR VISION, UM, VARIANCES. THE VARIANCES REQUEST DID NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST AS GRANTING THE VARIANCE WOULD NOT BE WOULD GRANTING THE VARIANCE WOULD BE IN LINE WITH OTHER LOT SIZES IN THE AREA. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN NOT BEING ABLE TO DEVELOP THE LOT, WHICH WOULD RESULT IN 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 THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE REQUEST APPEAR TO BE IN THE SPIRIT OF THE ORDINANCE AS THE REQUIREMENT IS THERE TO PROTECT THE NEIGHBORHOOD. AND THE APPLICANT IS SEEKING TO MAINTAIN A SINGLE FAMILY HOME ON A MULTI-FAMILY LOT IN A PREDOMINANTLY SINGLE FAMILY NEIGHBORHOOD. FURTHERMORE, THE APPLICANT IS MAINTAINING A FENCE ON THE ESTABLISHED FENCE LINE THAT LEAVES A SUFFICIENT SPACE FOR SAFETY, UH, BACKING FROM AND ON TO THE LOCAL RESIDENTIAL ROAD. AND THE PART OF THE FENCE WITH, UH, CORGI AND MANILA WILL NOT BE PROVIDED, UM, WITH THIS VARIANCE AS THAT'S READ. UH, FOUR, THE VARIANCE WILL NOT AUTHORIZE THE SUBSTANTIAL, I'M SORRY, 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 USES OF THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE, UH, USE OF THE ADJACENT, UH, CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THE PROPERTY IS LOCATED. STAFF FINDS THAT THE VARIANCE REQUEST WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES AS ENOUGH SPACE WILL REMAIN BETWEEN NEIGHBORING STRUCTURES FOR THE PURPOSES OF FIRE SAFETY AND WATER RUNOFF CONCERNS. ADDITIONALLY, SUFFICIENT CLEAR VISION WILL REMAIN FOR THE PURPOSES OF THE ADEQUATE SAFETY AND BACKING UP AND COMING, UM, COMING FROM THE LOCAL RESIDENTIAL ROAD. FURTHERMORE, THE CORRUGATED METAL MATERIAL, WHICH, [01:50:01] UH, WAS, WILL NOT BE PROVIDED WITH THIS VARIANCES OF RED. UM, AND SIX, APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE IS, IS SOUGHT, IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND NOT MERELY FINANCIAL AND NOT DUE TO THE RESULT OF GENERAL CONDITIONS. THE DISTRICT, WHICH THE PROPERTY IS LOCATED, THE STAFF FINDS THAT APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE IS SOUGHT, IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS LIMITED SPACE AND CONFIGURATION OF THE LOT, AND THE NEED FOR ADDITIONAL SECURITY ON THE LOT, UH, SATISFIED. UM, UM, AS OF THE, THE FENCE MATERIAL, UH, AS THE APPLICANT IS PROPOSING TO BUILD OUT OF WROUGHT IRON AND MAINTAINING THE FENCE LINE WITH THE CLEAR VISION REQUEST. UM, END OF MOTION. SECOND. SECOND BY COMMISSIONER AMANDA. AND, AND JUST TO CLARIFY, FRIENDLY, FRIENDLY AMENDMENT . YEAH. SO TO CLARIFY, THIS IS A MOTION FOR A, FOR A A, UM, A FOUR FOOT VARIANCE FROM THE STR FROM THE FRONT TO ALLOW A STRUCTURE TO BE AS CLOSE AS SIX FEET TO THE FRONT PROPERTY LINE, WITH EXCEPTION OF A 12 FOOT WIDE ENTRY STRUCTURE STRUCTURE TO BE ONE INCH FROM THE FRONT PROPERTY LINE. AND THEN A, UH, 17 AND A HALF INCH VARIANCE FROM THE 20 FOOT REAR SETBACK TO ALLOW A TWO AND A HALF REAR SETBACK. UH, THE 307 SQUARE FOOT VARIANCE FROM THE MINERAL LOT SIZE. UM, AND THEN A, UH, FIVE FOOT VARIANCE, UH, ON THE 15 FOOT CLEAR VISION TO ALLOW A 10 FOOT DRIVEWAY CLEAR VISION CLEAR. AND THEN WE'RE STRIKING THE CORRUGATED METAL FENCING MATERIAL THAT'S NOT PART OF THE MOTION AS READ. YES. ACCEPTED. UM, AS, AS READ, YOU DID READ IT IN PARAGRAPH FIVE, YOU WANT TO ELIMINATE THAT LAST SENTENCE AND THE FINDINGS. OH, AND THE ITEM NUMBER FIVE? YEAH, I THOUGHT I KIND OF CALLED MYSELF AS THAT, BUT YES, TO STRIKE THAT THERE'S NO CORRUGATED METAL THAT WOULD BE PART OF THIS, UH, APPROVAL WITH ALL STRIKING, UH, IN THE FINDINGS TO CORRUGATED METAL, UH, BY THE MOTION MAKER. ALRIGHT, SO WITH THAT, UM, COMMISSIONER ZUNA? YES. SO I'M SUPPORTING IT. UM, THE, THE APPLICANT BOUGHT THE PROPERTY, THE CURRENT CONDITION THEY'RE TRYING TO REMODEL OR REMEDY THE, THE, THE ISSUES HERE WITH VARIANCES TO PROVIDE A HOUSE FOR THE FAMILY. UM, I THINK WE'RE MEETING ALL THE CONDITIONS THAT WERE, UH, BROUGHT UP BY THE PROSPECT HILL OPPOSITION. UH, I THINK WE'RE, WE'RE RECTIFYING THAT ANY NEW CONSTRUCTION WOULD HAVE TO GO THROUGH THE PERMITTING PROCESS, WHICH FOR ME MEETS MEANS THAT THEY HAVE TO MEET THE FIRE CODE SAFETY ISSUES. AND, UH, THAT'S NOT THE CURRENT SITUATION WITH THE PROPERTY. SO I THINK THIS IS AN ENHANCEMENT. IT MEETS THE, UH, PROSPECT HILL NEIGHBORHOOD CONCERNS AND I THINK IT, IT, UH, PUTS THAT PROPERTY INTO, UH, UH, USE THAT BENEFITS THE, THE APPLICANT HERE. SO I'M SUPPORTING IT. COMMISSIONER MANON, I CONCUR WITH MY COLLEAGUE. AND, UH, THE HOUSE INITIALLY WAS BUILT, UM, UM, IN 1917. AND SO, SO THE ORIGINAL FOOTPRINT, YOU KNOW, BASICALLY THEY'VE ADDED ONTO IT ONLY ONCE. AND SO, SO IT LOOKS LIKE THIS HAS BEEN ESTABLISHED IN THIS NEIGHBORHOOD FOR QUITE SOME TIME. SO I'LL BE VOTING IN FAVOR. ALRIGHT, ANY OTHER COMMISSIONERS YOU'D LIKE TO ADD? HEARING NONE, LET'S HAVE A ROLL CALL. VOTE. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER IVANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ. I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ? I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER BONIA, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. UH, MOTION PASSES IF YOU HAVE ANY QUESTIONS AS AS TO HOW IT WAS SLIGHTLY MODIFIED AND GET WITH STAFF. THANK YOU. THANK YOU. ALRIGHT, UH, DOES ANYBODY NEED A BREAK OR CAN WE MO KEEP MOVING HERE, CAN WE? SURE. UH, WE'RE GONNA PUT THIS INTO A SLIGHT, UH, BREAK. WE'LL SEE EVERYBODY BACK IN SIX OR SEVEN MINUTES. IT IS 3 0 6. WE'RE CALLING THIS BACK INTO SESSION. WE ARE ON ITEM SIX. ITEM SIX, BO A DASH 24 DASH 0 3 0 0 1 5 2. ADDRESS, TWO 11 FAIRVIEW AVENUE COUNCIL DISTRICT THREE APPLICANT JESSE VILA AVELA, UH, REQUEST FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A ONE INCH CARPORT SIDE SETBACK. ZONING IS R FOUR. SUBJECT PROPERTY IS LOCATED EAST OF SOUTH PRETA STREET, WEST OF SOUTH HACKBERRY STREET, APPROXIMATELY A HUNDRED FEET EAST OF DEVOTO STREET AND FAIRVIEW AVENUE INTERSECTION. ON JUNE 8TH, 2024, CODE ENFORCEMENT RECEIVED A CITIZEN CALL REGARDING A NEWLY CONSTRUCTED CARPORT ON THE SUBJECT PROPERTY. DURING INVESTIGATION CODE ENFORCEMENT DETERMINED THAT THE CARPORT WAS BUILT WITHOUT A PERMIT. INVESTIGATION FURTHER DETERMINED THAT THE CARPORT DID NOT COMPLY WITH UDC SETBACK REGULATIONS. THE PROPERTY OWNER IS REQUESTING A FOREFOOT 11 INCH VARIANCE TO ALLOW A CARPORT TO BE ONE INCH FROM THE EASTERN SIDE. SETBACK PROPERTY OWNER APPLIED FOR A BUILDING PERMIT ON JUNE 12TH, 2024, [01:55:02] PENDING APPROVAL FROM THE BOARD OF ADJUSTMENT. THIS IS A SITE PLAN OR AERIAL VIEW AND THE SITE PLAN OF THE PROPERTY. SUBJECT PROPERTY HISTORICAL VIEWS, CARPORT, UH, SETBACK MEASUREMENTS, SIDE SETBACK WITH MEASUREMENTS AND CARPORT WIDTH AND SURROUNDING AREA. STEP STAFF RECOMMENDATION SIDE SETBACK VARIANCE. STAFF REC STAFF RECOMMENDS DENIAL AND BO OA 2 2 4 DASH 0 3 0 52 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE VARIANCE WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS IT DOES NOT PROVIDE AN ADEQUATE DISTANCE FROM THE ESTABLISHED PROPERTY. LINE TWO WILL NOT OBSERVE THE SPIRIT OF THE ORDINANCE AS A REDUCED SIDE SETBACK. INCREASES RISK OF FIRE SPREAD WATER RUNOFF ONTO THE NEIGHBORING PROPERTY. STAFF MAILED 28 NOTICES. SIX. WERE IN FAVOR, ZERO IN OPPOSITION AND NO REGISTERED NEIGHBORHOOD ASSOCIATION IS WITHIN 200 FEET IN FAVOR. THIS CONCLUDES STAFF'S PRESENTATION. APPLICANT IS AVAILABLE. ALL RIGHT, THANK YOU VERY MUCH. UH, LET'S HAVE THE APPLICANT COME FORWARD. HI. IF YOU COULD PLEASE STATE YOUR NAME, TELL US ABOUT YOUR CARPORT. MARY AND JESSE. HEY, I'M JESSE AVILA. UH, YEAH AND YOU CAN AND YOU CAN MOVE THIS AROUND AND THERE YOU GO. YEAH. I BUILT, UH, I HAD THIS CARPORT BUILT TO PROTECT THE CARS AND, UH, TO KEEP THE HOUSE A LITTLE SHADIER ON THE SITE. AND, UH, THE, THE ROOF LINE, I MEAN, I DIDN'T, THE WHERE, WHEN IT DRAINS THIS LAST RAIN THAT WE HAD, MY NEIGHBOR THAT LIVES NEXT DOOR TO ME, WE WERE OUTSIDE. 'CAUSE I HAD TOLD HIM ABOUT MY CARPORT AND HE SAID, OKAY, WELL LET'S CHECK IT OUT. BUT ALL THE RAIN DRAINS INTO MY DRIVEWAY. AND HE WAS LIKE, WELL, I DON'T HAVE NO CONCERN ABOUT, YOU KNOW, AND I SAID, WELL, I'M, I SAID, IF YOU DO, I CAN PUT SOME GUTTERS ON IT, YOU KNOW, TO HELP IT OUT A LITTLE BIT. MOST OF THE, THE, THE RAIN RUNS INTO MY, MY DRIVEWAY. OKAY. UM, WELL, UM, I'LL START OFF WITH A COUPLE QUESTIONS. UM, I NOTICED THAT IT'S, IT'S, IT'S PRETTY DEEP 60 FEET, UH, AND YOU'RE PARKING THE CARS IN TANDEM, ONE BEHIND THE OTHER. IS THERE A REASON WHY IT NEEDS TO BE SO WIDE, ALL YOUR CARS? WELL, IT'S CARS THAT I HAVE, I HAVE FOUR CARS, SO, AND I JUST WANNA MAKE SURE THEY'RE COVERED UP. BUT YOU'RE NOT PARKING THE CARS NEXT TO EACH OTHER? NO, THEY'RE RIGHT BEHIND EACH OTHER. YEAH. SO I MEAN, SO IF, IF ACCORDING TO THE SITE PLAN. IT WAS SHOWN TO BE 16 FEET WIDE. IT'S PRETTY WIDE FOR ONE CAR. UM, ESPECIALLY SINCE WE'RE HERE ABOUT THE SIDE SETBACK. MM-HMM. . SO, UM, WHAT ARE YOUR THOUGHTS ABOUT NARROWING IT UP A LITTLE BIT? WELL, IT SAID, IT SAID 13. OH, IT'S AT 13? YES. YES, IT SAID 13. OKAY. YEAH, THE, THE, I WAS LOOKING AT THE, UH, THE SITE PLAN PROVIDED HAD A 16 FOOT DIMENSION NO WRITTEN ON THERE, BUT IT'S 13, BUT IT IS 13. IS THAT FROM EDGE TO EDGE OR FROM POST TO THE HOUSE OR FROM THE, FROM THE POST TO THE OTHER POST COME. OKAY. YEAH. WELL, THANK YOU FOR CLARIFYING THAT. YES, SIR. SO, UH, IS THERE ANY OTHER COMMISSIONER QUESTIONS? MANNA COMMISSIONER MANNA? UM, SO, SO THERE'S AN EXISTING GARAGE THERE, UM, THAT WAS BUILT LIKE IN 1945. UM, AND SO THE SIDE OF, OF THIS [02:00:01] CARPORT, DOES IT ALIGN WITH THE SIDE OF THE EXISTING GARAGE? IN OTHER WORDS, IS IT THE SAME, UH, LINE OR IS IT, YOU KNOW, IS IT EXTEND ANY FURTHER EXTENDING ABOUT THE SAME WITH, WITH REGARDS TO BEING, TO THE NEXT TO THAT SIDE PROPERTY. YEAH. IT'S ABOUT, IT'S KINDA LINED UP WITH MY GARAGE. I MEAN, YOU KNOW, IT'S, IT'S PROBABLY A LITTLE BIT MORE IN THAN WHAT MY GARAGE STICKS UP A LITTLE IN MEANING NOT AS CLOSE TO NEIGHBOR'S PROPERTY OR CLOSER TO YOUR NEIGHBOR'S PROPERTY AS FAR AS A CARPORT RELATIVE TO THE GARAGE. GARAGE. WHAT, WHAT, IS IT CLOSER OR IT'S CLOSER TO THE, YEAH. DO YOU THINK THE EDGE OF THE GARAGE OVERHANG IS CLOSER TO THE NEIGHBOR THAN YOUR OH, YES. THE, THE GARAGE IS CLOSER TO THE NEIGHBORS. I'M SORRY. OKAY. OKAY. UM, AND THEN SO, UM, YOU KNOW, WE HAVEN'T HAD A GOOD RAIN FOR A WHILE, SO WE DID HAVE ONE OR TWO HERE RECENTLY. AND SO, UM, YOU KNOW, AND ONE OF THE THINGS, SO, SO LOOKING AT THE, THE CARPORT HERE DOES, IT'S HARD TO TELL FROM THE IMAGE HERE, BUT IT IS CORRUGATED AND SO THE WATER WILL BE DIRECTED EITHER TOWARDS YOUR HOUSE OR TOWARDS YOUR NEIGHBORS. AND SO, SO I THINK BY THE CONVERSATION YOU SAID THAT IT ACTUALLY IS DIRECTED TOWARDS THE NEIGHBOR'S PROPERTY, BUT IT FLOWED BACK ONTO YOUR PROPERTY, IF I UNDERSTOOD CORRECTLY. YES, SIR. UM, BUT ONE OF THE THINGS YOU DID MENTION WAS THE ABILITY TO PUT ON A GUTTER. AND SO ONE OF THE THINGS THAT, UM, WE RARELY TALK ABOUT IS THAT WE DON'T WANT TO SEE DAMAGE TO NEIGHBORING PROPERTY. AND SO BEING, YOU KNOW, BEING GOOD NEIGHBORS AND SO, SO SOMETIMES, YOU KNOW, IT'S, IT'S BENEFICIAL WHEN IT IS THAT THE APPLICANT, UM, WILL COMMIT TO PUTTING GUTTERS ONTO THEIR PROPERTY. UM, AND SO, SO THAT MAY HELP PERSUADE SOME MEMBERS HERE, UH, WITH REGARDS TO, YOU KNOW, ALLOWING FOR IT TO BE SO CLOSE. SO WE'RE NOT, SO WHAT, SO JUST TO KIND OF CLARIFY THAT, WE'RE NOT ALLOWED TO SAY OR MAKE YOU DO GUTTERS, BUT IF YOU WANTED TO AMEND YOUR APPLICATION TO INCLUDE GUTTERS, IT MIGHT CAUSE UH, SOME SWAY WITH SOME OF OUR BOARD MEMBERS. 'CAUSE YOU STILL NEED NINE VOTES TO GET THIS, UH, APPROVED. SO IF WE, SO IF YOU HAVE, I'M GIVING YOU AN OPPORTUNITY, UH, YOU DON'T HAVE TO, BUT IF YOU WOULD LIKE TO, YOU, YOU CERTAINLY MAY AMEND YOUR APPLICATION TO INCLUDE GUTTERS. ANOTHER HERE, . OKAY. SO, I MEAN, YOU DON'T, LIKE I SAID, WE CAN'T MAKE YOU DO ANYTHING. IT'S JUST SOMETHING THAT SOME BOARD MEMBERS, UH, DO LIKE TO HEAR, UM, ABOUT THE DAMAGE. IS THERE ANY OTHER QUESTIONS? WE ALREADY HAD DAMAGE TO IT WITH A TREE, OUR NEIGHBOR'S TREE FALLING INTO THE CARPORT. FALLING ONTO THE CARPORT. OKAY. SO, WELL, I MEAN, UH, SO WHAT'S HAPPENING IS, SO YOU'RE ONLY HERE FOR A SIDE SETBACK, UH, DOWN TO ONE INCH FROM THE SIDE PROPERTY LINE. UH, IF IT DOESN'T GET APPROVED, IT NEEDS TO BE FIVE FEET AWAY FROM THE SIDE PROPERTY LINE. OKAY. SO, UM, OR SOMEWHERE IN BETWEEN, UH, THE, THIS COMMISSION CAN OFFER A, A MOTION FOR SOMETHING ANYWHERE IN BETWEEN THAT MM-HMM, , UH, SO JUST, UH, LETTING YOU KNOW HOW THIS, JUST KIND OF HOW THIS WORKS. UH, SO WE'LL SEE IF THERE'S ANY MORE QUESTIONS FOR YOU. OKAY. UH, IS THERE ANY MORE QUESTIONS FOR THE APPLICANT? BRAGG? MR. BRAGMAN, IN YOUR TESTIMONY, YOU SAID THAT YOU WERE STANDING OUTSIDE WITH YOUR NEIGHBOR WHEN IT WAS RAINING RECENTLY, AND YOU SAID THAT THE WATER RAN IN WHAT, WHICH DIRECTION DID IT RUN TOWARDS YOUR HOUSE OR TOWARDS THE NEIGHBOR'S HOUSE? TOWARDS MY HOUSE. TOWARDS MY HOUSE, MA'AM. TOWARDS YOUR HOUSE. OKAY. THANK YOU. I SOUNDED, 'CAUSE IT SLOPED, IT LOOKS LIKE IT SLOPED TOWARDS YOU. WELL, ARE YOU SAYING THAT IT FALLS INTO THE NEIGHBOR'S YARD AND THEN DRAIN ONTO YOUR DRIVEWAY? I'M SORRY. NO, WHEN IT, WHEN IT RAINS, THE WATER FALLS INTO MY YARD, INTO MY DRIVEWAY WHERE THE CARPORT IS. IT DOESN'T, IT DOESN'T EVEN, IN OTHER WORDS, IT DON'T FALL INTO THE NEIGHBOR'S YARD. 'CAUSE WE WERE LOOKING AT IT. OKAY, SO LET'S STAFF, CAN YOU PLEASE BRING UP THE, UH, UH, THERE'S A PICTURE THAT'S LOOKING RIGHT DOWN THE SIDE AND THERE'S A FEW CARS PARKED UNDER THERE AND A, AND A BLUE RECYCLING BIN ON THE SIDE OF ONE OF THE POSTS. OKAY. SO IS THAT FENCE YOUR PROPERTY LINE, THE CHAND LINK FENCE AND IT, AND IF IT IS, THAT MEANS YOUR POST IS ABOUT THREE FEET OR SO AWAY FROM THE SIDE PROPERTY LINE. SO THEN THE EDGE OF YOUR CORRUGATED METAL, UH, CARPORT IS, IS WHAT ABOUT A FOOT OR SO AWAY FROM THE PROPERTY LINE AROUND THERE? SO IT, SO IT LOOKS LIKE YOU DON'T EVEN NEED ONE INCH. IT LOOKS LIKE YOU PROBABLY ONLY NEED LIKE A FOOT. I MEAN, IS THAT, IS THAT SIDE, IS THAT SIDE, UH, CHAND LINK FENCE THAT, THAT IS YOUR PROPERTY LINE? YES, SIR. OKAY. AND SO IS, IF, IF YOU HAD TO THROW A NUMBER AS FOR THE EDGE [02:05:01] OF THE CORRUGATED METAL OF YOUR CARPORT IN RELATION TO THE FENCE, HOW FAR AWAY DO YOU, DO YOU THINK IT IS? I MEAN, THE RAIN'S FALLING ONTO YOUR PROPERTY, IT HAS TO BE LIKE, LIKE A FOOT OR MAYBE A LITTLE LESS THAN A FOOT. MAYBE, MAYBE A FOOT, I GUESS WHERE IT FALLS. OKAY. YEAH, WE DON'T, WE DIDN'T REALLY OBSERVE IT BEING ANY, IF ANYTHING, CLOSER THAN THE FOOT FROM THE PROPERTY LINE, THE OVERHANG. OKAY. WELL I WOULD, I WOULD SUGGEST TO WHOEVER MAKES A MOTION TO TWEAK IT FROM ONE INCH TO SIX INCHES. JUST IF, OR A FOOT IF YOU REALLY WANTED TO. SO COMMISSIONER BRAGMAN, YOU STOLE THE FLOOR. THAT, THAT ANSWERED MY QUESTION. THANK YOU. OKAY, ANY OTHER COMMISSIONER QUESTIONS? STAFF? IS THERE ANYONE TIME TO SPEAK OR VOICEMAILS? NO PUBLIC COMMENT. ALRIGHT. IS, IS THERE ANYTHING ELSE YOU'D LIKE US TO KNOW BEFORE WE DELIBERATE? IT WAS A GIFT TO MY HUSBAND FROM YOU. THAT WAS VERY NICE. THANK YOU. ALL RIGHT, . SO WE'RE LOOKING FOR A MOTION. MANNA COMMISSIONER MANNA. SO, SO, UH, DID WE SETTLE OR WAS, WAS THE DIALOGUE FOR SIX INCHES OR ONE FOOT? SO I, HE, HE'S, HE'S, I I THINK THAT, UH, BASED ON THE PICTURE, I KNOW THOSE BINS ARE, ARE TWO FEET TO 30 INCHES. AND IF THE POST I, I MEAN I'M JUST EYEING IT, I WOULD GUESS A FOOT. OKAY. BUT I MEAN, I ONLY SUGGESTED SIX INCHES IN CASE GUTTERS OR WHATEVER NEED TO BE ADDED IN THE FUTURE. OKAY. WE GIVE THEM SOME ROOM. CONCUR. OKAY. UM, SO REGARDING CASE NUMBER BO A 2 4 1 0 3 0 0 1 5 2, I MOVED AT THE BOARD OF ADJUSTMENT GRANTOR REQUEST FOR A FOUR FOOT SIX INCH VARIANCE FROM THE, UH, MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A 60 FOOT CARPORT, UH, WITH A SIX INCH SETBACK SITUATED AT UH, 2 1 1 FAIRVIEW AVENUE. APPLICANT BEING, UH, JESSE AVILA, UH, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOWED THE PHYSICAL CHARACTERS OF THE PROPERTY, SUCH A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST AS A SIX INCH SIDE SETBACK WILL PROVIDE ADEQUATE DISTANCE BETWEEN THE CARPORT AND NEIGHBORING PROPERTIES. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LIT ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN, IN THE APPLICANT HAVING TO RECONSTRUCT THE CARPORT TO BE FIVE FOOT FROM THE SETBACK. UM, WHICH WOULD RESULT IN UNNECESSARY HARDSHIP AS A CARPORT WOULD NOT PROVIDE THE ADEQUATE COVERAGE NEEDED FOR VEHICLES. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE STRUCTURE WILL BE SIX INCHES FROM THE PROPERTY LINE, WHICH OBSERVES THE SPIRIT OF THE ORDINANCE AS A CARPORT. POSES NO HINDRANCE TO THE NEIGHBORING PROPERTIES. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN ZONING DISTRICT, WHICH THE VARIANCES IS LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. IT GRANTED THE ATTACHED CARPORT SIX INCHES FROM THE SETBACK WOULD NOT ALTER THE CENTRAL CHARACTER OF THE DISTRICT. UH, SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARYING THE SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL OR NOT DUE TO OR RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF THE SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS LIMITED TO LOT SIZE AND AVAILABLE SPACES FOR A FUNCTIONAL CARPORT AND A MOTION. SECOND. SECOND BY COMMISSIONER BRAGMAN, COMMISSIONER MANN. SO, UM, SO WE JUST, JUST A, A SLIGHTLY AND THEN, SO I THINK THAT PROVIDING THE SIX INCHES, UM, UM, IS A, IS A GOOD FIT, UM, AND WOULD ALLOW FOR, UH, POTENTIAL USE OF A, UM, UM, GUTTERS AT A DISTANT AT A FUTURE TIME, SHOULD YOU NEED ONE. UM, WE ALSO LIMITED TO 60 FOOT FOR THE CURRENT LENGTH OF THE EXISTING CARPORT. SO THAT, UM, YOU KNOW, SO, SO RECOGNIZING THAT, YOU KNOW, YOU YOU PUT IT IN A SUBSTANTIAL CARPORT THERE ALREADY. AND THEN ALSO I THINK, YOU KNOW, YOU'VE GOT THE NEIGHBOR'S APPROVAL, UH, WHICH THIS DIRECTLY IMPACTS. AND SO BECAUSE THOSE, UH, REASONS I'LL BE VOTING IN FAVOR, COMMISSIONER BRAGMAN, UM, I CONCUR WITH MY COLLEAGUE. AND, AND ALSO JUST ADD IN THERE THAT, YOU KNOW, WITH THE LAST REIGN THAT YOU WERE ABLE TO SHOW YOUR NEIGHBOR THAT IT DRAINED AWAY FROM HIS PROPERTY AND ONTO YOURS. SO I'LL BE IN SUPPORT. ANY OF THE COMMISSIONERS LIKE TO ADD HEARING. NONE OF US HAVE ROLL CALL VOTE PLEASE. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER YBANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER EZ? [02:10:01] YES, I CONCUR. CHAIR ORIENT. I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 11 TO ONE. I MEAN, I'M SORRY, 11 TO ZERO. UH, SO IF YOU HAVE ANY QUESTIONS YOU GET WITH STAFF, BUT IT WAS APPROVED FOR SIX INCHES. SO YOU HAVE TO STAY AT LEAST SIX INCHES AWAY FROM YOUR SIDE PROPERTY LINE, WHICH YOU ARE AS OF YOU KNOW, RIGHT NOW. SO THANK YOU. THANK YOU. HAVE A GOOD DAY. ITEM NUMBER SEVEN, ITEM NUMBER SEVEN, BO OA DASH 24 DASH 0 3 0 0 1 5 4. ADDRESS, 1 1 1 DUNHAM STREET COUNSEL, DISTRICT TWO APPLICANT STEPHANIE KELLY. A REQUEST FOR AN APPEAL OF ADMINISTRATOR'S DECISION FOR A NON-CONFORMING USE DENIAL, UH, ZONING IS R FIVE. THE NON-CONFORMING APPLICATION WAS DENIED ON JULY 25TH, 2024. THE NON-CONFORMING APPLICATION WAS DENIED BECAUSE OF A COMMERCIAL DAYCARE CENTER WAS NEVER ALL, UH, LAWFULLY ESTABLISHED ON THE PROPERTY. A CERTIFICATE OF OCCUPANCY FOR A CHURCH AFFILIATED DAYCARE CENTER WAS ISSUED IN 1998. HOWEVER, IT DIFFERS FROM THE REQUESTED COMMERCIAL DAYCARE, UH, CENTER. ADDITIONALLY, THE CERTIFICATE OF OCCUPANCY WAS GRANTED TO LOT THREE, WHICH WAS REZONED IN 1997 TO PERMIT A ADULT DAYCARE, WHICH IS ALSO CLEARLY ANNOTATED IN 1997. REZONING MAP. THE CURRENT DAYCARE BUILDING IS LOCATED IN LOT FOUR AND THE OUTDOOR PLAY AREA IS LOCATED ON THE 1997 REZONED PROPERTY. THE USE OF A CHILDCARE CENTER CURRENTLY REQUIRES AN S SPECIFIC USE AUTHORIZATION IN RESIDENTIAL ZONING DISTRICTS. THIS IS A 1997 REZONING MAP LOCATION OF THE SPECIFIC USE AUTHORIZATION FROM THE STREET SUBJECT PROPERTY SURROUNDING AREA STAFF. CONCLUSIONS STAFF CONCLUDES THE USE OF CHA CHILDCARE CENTER WILL REQUIRE A CHANGE OF ZONING APPROVAL BASED ON THE ZONING, UH, BASED ON SECTION 35 DASH 7 0 5 B ONE. BASED ON THE FOLLOWING FINDINGS OF FACT, THE USE WAS NEVER FULLY ESTABLISHED ON THE, ON THE LOCATION OF THE CHILD. UH, CHILDCARE BUILDING STAFF MAILED 35 NOTICES, ZERO IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE WAS PROVIDED BY THE EASTWOOD VILLAGE NEIGHBORHOOD ASSOCIATION. AND THIS CONCLUDES STAFF'S PRESENTATION. SO THE SPECIFIC USE, UH, PREVIOUSLY APPROVED IS ONLY FOR AN ADULT DAYCARE. THAT IS WHAT THEY APPROVED IT FOR, BUT IT'S NOT ON THE SAME LOT OF THE APPROVAL. SO DOES THE CHURCH STILL OWN IT? THE CHURCH DOES OWN THAT. OKAY. SO IT'S, SO IF IF, IF IT WAS PREVIOUSLY GRANTED FOR, UH, A DAYCARE USED BY THE CHURCH AND THE CHURCH STILL OWNS IT, WHAT, WHAT'S CHANGED? I THINK THE DIFFERENCE IS THAT IT IS THEY'RE TRYING TO DO COMMERCIAL USE FOR THE CHURCH DAYCARE, WHAT THEY'RE TRYING TO DO, WHAT COMMERCIAL DAYCARE USE. OKAY. SO IT WOULDN'T BE SERVING THE CHURCH AS AN ACCESSORY THERE, IT'S IT'S A SEPARATE, IT'S GONNA BE SERVING AS AUTHORIZING OTHERS TO UTILIZE THE DAYCARE. A STANDALONE CHILD STANDALONE CHILDCARE. YES. YES. SO IT'S, SO THERE'S LIKE A DIFFERENT CORPORATION OR COMPANY OR SOMETHING THAT WOULD CORRECT. RIGHT. 'CAUSE THEN WE WOULDN'T HAVE THE SITUATION IF IT WAS OWNED AND OPERATED AND FOR THE PURPOSE OF THE CHURCH. YEAH. OKAY. ANY, ANY OTHER TECHNICAL QUESTIONS FROM THE COMMISSION? COMMISSIONER? MANNA, MANNA? UM, SO, SO A REMEDY FOR THIS IF, IF I UNDERSTOOD CORRECTLY, WAS THAT THEY COULD REAPPLY FOR REZONING SPECIAL USE FOR THIS SPECIFIC PIECE OF PROPERTY? THAT IS CORRECT, YES. AND SO, SO WHAT'S BEING TALKED ABOUT HERE IS THAT THEY DON'T AGREE THAT, UH, THAT I, I GUESS WHAT IS, WHAT IS, WHAT IS IT ACTUALLY THAT THEY'RE IN? UH, THEY THINK THAT THE CITY ERRED ON, SO BY, I THINK THE PREVIOUS DAYCARE THAT OPERATED, THEY WANT TO, THEY HAVE, YOU KNOW, LEFT THAT PARTICULAR LOCATION AND SO THEY WANT TO TAKE OVER. UM, HOWEVER, WE'RE FINDING THAT THERE SHOULD NEVER HAVE BEEN A COMMERCIAL USE DAYCARE. AND SO THE PREVIOUS DAYCARE, UH, LOOKS TO HAVE BEEN A COMMERCIAL USE DAYCARE AS WELL. IF YOU LOOK THROUGH THE PHOTOS, UM, YOU CAN SEE WHERE IT ESTABLISHES A, UM, SIGNAGE FOR, FOR USE. LET ME KEEP YOU, KEEP GOING. YES. SO, SO JUST SO THE BOARD KNOWS. SO, YOU KNOW, OBVIOUSLY A CHURCH CAN EXIST ON ANY ZONING. UH, THERE'S ALSO A, A PART IN THE CODE THAT TALKS ABOUT ACCESSORY USES. SO IF YOU'RE A USE, LIKE YOU'RE A CHURCH AND YOU WANT TO DO SOMETHING THAT WOULD BE CONSIDERED AN ACCESSORY, AS LONG AS IT [02:15:01] DOESN'T EXCEED 20%, I THINK THE NUMBER'S 20%, UH, YOU CAN, YOU CAN PRODUCE, PURSUE SUCH A THING. SO IT LOOKS LIKE THIS CHURCH HAD A DAYCARE, A COMPONENT OF THEIR, OF THEIR CHURCH THAT NOW IS, IS, IS SEPARATING FROM THE ACTUAL CHURCH, MANAGING IT, RUNNING IT, AND BEING A TRUE ACCESSORY OF THE CHURCH AND CHANGING IT INTO A STANDALONE COMMERCIAL ENTITY. AND SO EVEN THOUGH THE CHURCH OWNS IT, THERE'S, THEY'RE SEPARATED FROM THE USE NOW AS IT BEING NON-ACCESSIBLE TO THE CHURCH. AND SO EVEN SO THE CHURCH COULD, I'M JUST, WE WILL FIND OUT MORE FROM THE APPLICANT, BUT IF THE CHURCH, LET'S SAY, RENTED THIS LAND SOMEHOW TO A CORPORATE ENTITY, WHICH THEN DID IT FOR A PRIVATE BUSINESS, THAT WOULD BE AGAINST THE ZONING CODE, UNLESS I'M MISTAKEN ON THAT. NOPE, YOU'VE GOT IT JUST RIGHT. YEAH, IT'S UH, 25%, NOT 20%, 25%. AND THEN, AND THEN ONE MORE CLARIFICATION. IS THERE A DIFFERENTIATION FOR ADULT VERSUS CHILD DAYCARE? IS THAT, DOES THAT REALLY MATTER? YES, WE DIFFERENTIATE IN THE UDC THAT JUST SPECIAL USE CONDITIONING. CORRECT. AND NOT NECESSARILY DIFFERENTIATING HERE IN THIS DIALOGUE WITH REGARDS TO IT BEING COMMERCIAL VERSUS NON-COMMERCIAL. SO NO, NO. YEAH, IT'S A, IN THE UNIFIED DEVELOPMENT CODE, IT DIFFERENTIATES BETWEEN CHILDCARE AND THEN EVEN GIVES, UM, RANGES OF HOW MANY CHILDREN. AND THEN THERE'S ANOTHER FOR ADULT DAY, UH, DAYCARE. BUT IF I UNDERSTOOD CORRECTLY, REALLY THE DIALOGUE HERE IS ABOUT THE COMMERCIAL USE OF THIS PROPERTY. UM, WELL ACTUALLY THE DIALOGUE HERE IS THEY FEEL THAT THE, THEY SHOULD HAVE BEEN GRANTED THEIR NON-CONFORMING USE AND WE DENIED THEIR NON-CONFORMING USE. SO YOU NEED TO DECIDE IF STAFF MADE AN ERROR OR NOT. YEAH. AND STAFF'S DECISION WAS SOLELY BASED ON THE FACT THAT IT WAS NOT AN ACCESSORY OF THE CHURCH ANYMORE, BUT A PRIVATE SEPARATE BUSINESS IN ADDITION TO THE FACT THAT IT'S A SEPARATE LOT AND IT THE LOT IS FOR THE, THE SPECIFIC USE AUTHORIZATION IS FOR ADULT DAYCARE. ALRIGHT, LET'S HAVE THE APPLICANT COME FORWARD. YES. HI. IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. YES SIR. UH, GOOD AFTERNOON, CHAIR TO THE BOARD. UH, MY NAME IS PASTOR JEFFREY THOMAS. I PASTOR THE GREATER BALL TABERNACLE, A ME CHURCH. I'VE BEEN, UH, THERE FOR THE PAST NINE YEARS. SO WHEN I ARRIVED I INHERITED THAT WHATEVER WAS THERE, UM, TO THE, I GUESS THE LACK OF KNOWLEDGE. I DIDN'T KNOW HOW THEY WERE OPERATING. I'M FINDING THIS OUT NOW. OKAY. . SO FOR THE PAST 28 YEARS, UH, THEY HAD BEEN OPERATING, UH, ON, UM, THE PROPERTY IN THE BUILDING, BUILDING TWO, WHICH IS IN QUESTION. I DON'T KNOW HOW THEY GOT APPROVED OR HOW THEY WERE OPERATING. UM, IT GOT APPROVED. THEY WERE OPERATING, THEY DECIDED TO RETIRE AND IT BECAME A VACANT, UH, SPACE AND MS IN ACQUIRING THAT SPACE. AND WHEN WE STARTED, UM, THE PROCESS WITH HER, THEN WE RAN INTO WHERE WE ARE NOW, UH, WITH ME BEING BLINDSIDED, UH, WITH ALL OF THIS NONCONFORMITY OF, OF, OF ZONING. AND SO WE'RE TRYING TO GET IT STRAIGHTENED OUT SO WE CAN OPERATE PROPERLY. AND THAT'S MY PRESENCE. MISS STEPHANIE HAD TO LEAVE, UM, TO TAKE CARE 'CAUSE SHE OPERATES TWO OTHER BUSINESSES, UH, DAYCARES. AND SO SHE WAS LOOKING TO OPERATE, UH, DAYCARE, UH, ON OUR SPACE IN BUILDING TWO, UH, WHICH BECAME AVAILABLE WHEN, UH, THE CURRENT OCCUPANTS, UH, DECIDED TO RETIRE. AND SO I'M LEARNING, UH, AS, UH, I'M GOING, I TOLD MS. STEPHANIE, UH, WOULD BE HERE, UH, TO SUPPORT HER IN HER BUSINESS AND, UH, ALSO TO PROVIDE, UH, OPPORTUNITY FOR THE CHURCH. UH, 'CAUSE THE CHURCH WAS RECEIVING, UH, INCOME, UM, FROM THAT VENTURE, UH, $1,200 A MONTH. AND SO WE DID NOT CHANGE THAT, UH, AMOUNT OF A LEASE THAT WOULD, UH, APPLY TO MS. STEPHANIE AS WELL. AND SO, UM, SINCE THIS HAS BEEN GOING ON, UH, WE CEASE THE LEASE, UH, AGREEMENT UNTIL WE COULD GET SOME CLARITY. YEAH. AND SO I'M, YOU KNOW, AGAIN, JUST ASKING THE BOARD TO, ASKING THE BOARD TO, UM, ALLOW US TO OPERATE, UM, WITH A NON-CON, UH, CONFORMITY OR, UM, IT, THE ISSUE OF, OF, OF ZONING TO CONTINUE TO ALLOW US, YOU KNOW, TO FUNCTION WITH YOUNG PEOPLE. 'CAUSE I THINK AT ONE TIME THE WILLIAMS HAD ABOUT 14 OR 15 CHILDREN, UM, THAT WERE BEING SERVED SOMETIMES AS MANY AS 20. UM, FAR AS I KNOW, THERE'S NEVER BEEN AN ISSUE, UM, WITH THE CHILDREN [02:20:01] OR WITH THEM RUNNING THE DAYCARE AS FAR AS I KNOW. UM, THERE'S BEEN NO PROBLEM THAT I KNOW OF. UH, BUT MS. STEPHANIE, UH, WE AGREED 'CAUSE WE WALKED THROUGH THE BUILDING THAT ANY, UM, THINGS THAT NEEDED TO BE DONE TO UPGRADE THAT THE CHURCH ITSELF WOULD TAKE CARE OF, AND WE WOULD TAKE THAT RESPONSIBILITY TO MAKE SURE WE WERE UP TO CODE, WHATEVER WE NEEDED TO DO. AND SO, UM, AND NOW , UM, SINCE PRIOR COVID OR POST COVID, UM, OUR CONGREGATION HAS DECREASED, UH, DEATH AND NUTRITION WHEN PEOPLE MOVED AND THINGS OF THAT NATURE. SO IT IS QUITE, UH, I WOULDN'T SAY CRITICAL, BUT IT'D BE HELPFUL TO CONTINUE TO HAVE THAT INCOME, UM, TO COME INTO THE CHURCH, UM, AND TO ALSO PROVIDE, UH, A SERVICE TO THE COMMUNITY TO HAVE THEM HAVE A SAFE PLACE TO COME WHERE THEIR CHILDREN WOULD BE LOVED AND, AND CARED FOR. AND SO THAT'S, YOU KNOW, MY APPEAL TO THE BOARD, IF YOU COULD, UH, RULE SOME KIND OF KINDLY OR WELL, SO THERE'S A, THERE'S A NUMBER OF ISSUES WITH THIS AND I'LL TRY TO, I KNOW THAT YOU'RE SAYING YOU'RE FINDING OUT A LOT ABOUT THIS, UH, NOW. SO, UH, SO THERE'S A HANDFUL OF THINGS. UH, ONE, UH, AS MENTIONED BEFORE, UH, A CHURCH USE CAN EXIST ON ANY ZONING. AND WHEN AND WHEN YOU HAVE A USE USES IN, IN SAN ANTONIO DO HAVE THE ABILITY TO USE WHAT'S CALLED AN ACCESSORY USE, AS LONG AS THERE'S A LIMITATION OF 25%. UH, IT'S NOT CONSIDERED A VIOLATION OF THE MAIN ZONING. SO LIKE IF YOUR CHURCH WANTED TO OFFER DAYCARE TO THEIR, UH, UM, TO THEIR CONGREGATION AS PART OF, OF THE CHURCH, AS LONG AS IT DIDN'T EXCEED 25%, IT WOULDN'T BE SEEN AS SEPARATE. THEN THERE'S AN ISSUE OF IT BEING A SEPARATE LOT. AND SO, EVEN THOUGH CHURCH, THE CHURCH USE CAN EXIST, WHEN YOU START HAVING USES ON SEPARATE LOTS, THERE'S A, THERE'S A, THERE'S A BREAK AND, AND, AND WHAT'S CONSIDERED PART OF YOUR USE AND WHAT'S CONSIDERED SEPARATE. AND THEN THERE'S THE ISSUE OF, YOU KNOW, IF YOU ARE OPERATING A DAYCARE AND IT'S OF A COMMERCIAL NATURE AND IT'S NOT BY THE CHURCH, IT'S IF YOU'RE RENTING IT OUT FOR SOMEONE ELSE TO RUN AND IT'S NOT RUN BY YOU, OWNED BY YOU, YOU KNOW, THAT SORT OF THING. IT'S, IT CAN'T BE CONSIDERED AS PART OF THAT ACCESSORY TO THE CHURCH. SO THAT'S ANOTHER ISSUE THAT'S COMING UP. AND SO THE CITY MADE A DETERMINATION THAT, YOU KNOW, THIS, THIS ISN'T REALLY WORKING OUT AS FAR AS MEETING THE USE CODE, THE ACCESSORY CODE. IT'S ON A SEPARATE LOT. AND SO REALLY THE WAY TO MAKE THIS CLEAN IS TO DO A, UM, A REZONING, YOU KNOW, GO, GO TO THE COUNCIL'S OFFICE, GO TO THE ZONING COMMISSION, APPLY FOR A CHANGE OF ZONING SO THAT THIS COULD LEGITIMIZE THE COMMERCIAL USE OF A CHILDCARE. WHAT WE'RE, WHAT YOU'RE HERE DOING BEFORE US IS, IS YOUR, YOUR APPLICATION SOUNDS LIKE A VARIANCE, BUT WE CAN'T GIVE VARIANCES TO USE, YOU KNOW, WE CAN GIVE VARIANCES TO SETBACKS, FENCE HEIGHTS AND DIFFERENT THINGS, BUT WE CANNOT GIVE A VARIANCE OR, OR ANY SORT OF CONSIDERATION TO A USE REQUEST. UM, SO WHAT YOU'RE HERE BEFORE US TODAY IS THE CITY MADE A DETERMINATION BASED ON HOW THE UDC IS, IS WRITTEN. AND SO YOU'RE APPEALING THEIR INTERPRETATION, BUT YOU HAVE TO, PART OF THAT IS YOU WOULD HAVE TO OFFER A SPECIFIC TECHNICAL ELEMENT THAT THE CITY JUST COMPLETELY MISSED, WHICH I DON'T HAVE AND WHICH I DON'T KNOW BECAUSE YEAH, AND I CAN'T, I WAS TRYING TO YEAH. YES. UH, STAFF. YEAH. JUST TO CLARIFY, UM, YOU SAID FOR THE DAYCARE TO BE OPERATED ON AND OPERATED BY THE CHURCH, BUT JUST TO CLARIFY, EVEN IF THE CHURCH IS OPERATING THE DAYCARE, BUT IT'S A COMMERCIAL DAYCARE, IT'S STILL, WELL THAT'S WHAT I'M SAYING. IT'S NOT A DAYCARE, LIKE, IT'S NOT A DAYCARE COMPONENT TO WHERE SOMEONE'S ATTENDING CHURCH AND THEY'RE LEAVING THEIR KIDS IN A PLACE THAT IF YOU'RE, IF THERE'S ANY SORT OF COMMERCIAL OUTSIDE THING TO IT, IT'S NOT, IT CANNOT BE DEEMED AN ACCESSORY. YEAH. AND I DON'T KNOW IF THE PREVIOUS OWNERS EVEN UNDERSTOOD THAT COMPONENT. UM, HEY, IN 1998 THINGS WERE DIFFERENT. AND SO HOWEVER THEY SLIPPED THROUGH THE CRACKS IS FALLING UPON, YOU KNOW, MY ADMINISTRATION, UM, AS THE SENIOR PASTOR TO FIGURE OUT, UH, THE BEST WAY FORWARD FOR OUR CONGREGATION AND FOR ANYONE WHO'S INTERESTED IN THAT PARTICULAR SPACE TO RENT OR LEASE OUT. 'CAUSE THAT'S WHAT IT'S USED FOR. YEAH, I WOULD HIGHLY RECOMMEND, UH, LOOKING AT A CHANGE OF ZONING, UH, AND, YOU KNOW, FINDING OUT WHO, WHO WOULD WANT TO USE IT AND THEN APPROPRIATELY CHANGE THE ZONING TO COVER THAT. UM, IT DOESN'T SOUND LIKE THERE'S ANYBODY IN OPPOSITION AT THIS TIME. IS THERE ANY ONE SIGN TO SPEAK OR VOICEMAILS? THERE'S NO PUBLIC COMMENT. OKAY. IS THERE ANY COMMISSIONER QUESTIONS? MANNA, COMMISSIONER MANNA? SO QUESTION FOR CITY STAFF HERE. SO I'M LOOKING AT THE, THE, THE MAP UP HERE. AND SO, UM, WE HAD THE, THE, THE ONE ONE-STOP MAP SHOWING THE PROPERTIES. UM, SO, SO, AND THEN THE SIDE MAP SHOWING THAT THERE'S, UM, [02:25:01] YOU KNOW, REZONING. SO IT, SO IS THERE FIVE PROPERTIES ON THIS CHURCH? UH, IT'S, IT'S A PROPERTY THAT CONSISTS OF FIVE LOTS. YES, IT'S ONE BIG KIND OF CORNER. UH, I GUESS IT WAS PLOTTED THIS WAY, UM, HISTORICALLY. UM, BUT UM, IT'S ALL ON ONE PIECE OF PROPERTY. IT'S JUST PLOTTED THIS WAY WHERE YOU SEE THE CHURCH, THE PARKING AND THE DAYCARE IS LIKE RIGHT IN BACK SORT OF, KIND OF ON THE SIDE OF THE CHURCH. BUT JUST SO TO CLARIFY, THIS EXHIBIT ITSELF, BECAUSE I KNOW IT CAN BE CONFUSING. WHEN I FIRST LOOKED AT THIS, I, I THOUGHT THE SAME THING. SO THE DARK SHADED PROPERTY IS THE ACTUAL PROPERTY THAT HAS THE SPECIFIC USE AUTHORIZATION FOR A DAYCARE. THEY USE THE A BUDDING LOT TO WRITE DAYCARE, SO YOU WOULD KNOW WHAT THE USE IS. BUT IF YOU COULD SEE IN THE TOP CORNER THERE, THERE'S A LINE THAT GOES TO THAT DARK PROPERTY. THAT DARK PROPERTY IS THE ONE WITH THE SPECIFIC USE AUTHORIZATION ON IT. SO EVEN THOUGH THE ACTUAL DAYCARE THAT YOU'RE SEEING ON THE GOOGLE MAPS IS RIGHT NEXT IS WHERE IT SAYS DAYCARE ON THIS MAP, IT'S NOT, THAT'S NOT WHAT IT IS. THE DAYCARE IS ACTUALLY ALLOWED ON THE DARK. REMEMBER ON ZONING EXHIBITS WE HIGHLIGHT THAT, THAT PROPERTY. AND IS THAT THAT DAYCARE THAT WAS SPECIFIC USE FOR AN ADULT DAYCARE? OR, OR YES, THAT'S CORRECT. AND THEY'RE, AND THEY'RE WANTING CHILD DAYCARE. CORRECT. SO EVEN IF IT WAS IN THE RIGHT ONE, IT'S STILL A DIFFERENT USE. CORRECT. ? YEAH, THIS IS, UH, SO YEAH, SO UM, YOU KNOW, 'CAUSE I SEE THE, SO IF I UNDERSTOOD CORRECTLY, THE BUILDING IS SITTING IN THE MIDDLE, THE MIDDLE LOT THAT YOU HAD CALLED OUT AND THERE'S A OPEN SPACE BEHIND IT THAT IS THE LOT THAT'S ACTUALLY ALLOCATED RIGHT NEXT TO IT. RIGHT NEXT TO IT, RIGHT NEXT TO AS, AS THE LOT THAT IS PERMITTED FOR THE DAYCARE. CORRECT. UM, AND SO, UM, OKAY, SO, OKAY. THANK YOU BONNI. SO IF THERE'S NOTHING ELSE, MR. EZ, COMMISSIONER EZ YEAH. BACK, BACK FOR CITY. UM, SO BACK IN 97 THEY WERE GRANTED USE TO USE LOT THREE AS AN ADULT DAYCARE SITE? CORRECT. OKAY. WAS THERE EVER A STRUCTURE ON LOT THREE BACK IN 97 WHEN THEY DID THIS? OR WERE THEY REALLY TRYING TO GET APPROVAL FOR LOT FOUR AND SOMEHOW MISTAKENLY LOT THREE GOT MIXED UP WITH THAT BACK THEN? OR WERE THEY SPECIFICALLY LOOKING TO PUT A NEW STRUCTURE ON LOT THREE BACK IN 97 FOR AN ADULT DAYCARE? THIS, UH, IF YOU LOOK AT, UH, BEXAR COUNTY KIND OF OUTLINE, IT LOOKS LIKE THERE USED TO BE A BUILDING BACK THERE A LONG TIME AGO. UM RIGHT. I'M NOT SURE IF THE PASSWORD CAN GIVE US ANY MORE GUIDANCE OR CLARITY ON THAT, BUT OBVIOUSLY WE CAN'T SEE ANYTHING LIKE THAT NOWADAYS. YEAH, AS FAR AS I KNOW, THE CURRENT BUILDING THAT'S THERE FOR, UH, BEEN USING AS DAYCARE SPACE HAS BEEN THERE, UM, FROM DAY ONE. IT'S BEFORE MY TIME OF COURSE. SO WHEN I CAME, UM, AND GOT ASSIGNED TO THE CHURCH, UH, THEY WERE ALREADY IN FULL OPERATION AS A DAYCARE. BUT YOU DIDN'T, YOU DIDN'T SEE REMNANTS ON, UH, BETWEEN THE CHURCH AND, AND THE DAYCARE BUILDING. LIKE THERE USED TO BE A BUILDING THERE, LIKE MAYBE IT'S ALWAYS OPERATED AS A CHILD DAYCARE TO MY KNOWLEDGE. DO DO YOU, DID YOU HAVE ACCESS TO THE ORIGINAL ZONING APPLICATION? PERHAPS? IS THERE ANY DOCUMENTATION? I KNOW IT'S FROM A WHILE BACK 'EM BACK NOT FOR THE APPLICATION, UH, BUT WE DID ENSURE THAT THIS LOT IS, 'CAUSE I MEAN, WE WERE TRYING TO FIT THEM INTO THIS BUILDING EVEN THOUGH WE WOULD HAVE THE ADULT PART STILL TO CLIMB. BUT YEAH, WE WERE TRYING TO FIT THEM INTO THIS BUILDING THAT EXISTS RIGHT NOW AND WE CUSHION. I MEAN MY, MY BIGGEST THING HERE IS IT'S BEEN, I DON'T KNOW WHAT IS THAT 26 YEARS OR SOMETHING THAT IT'S, HOW LONG HAS IT BEEN OPERATING THIS WAY FOR 28 YEARS? UH, SIR. UM, AND MOST RECENTLY, SO A VERY LONG TIME THAT WE'RE JUST CATCHING THIS NOW. SO IT'S LIKE, OKAY, IT'D BE REALLY NICE TO SEE WHAT THAT ORIGINAL APPLICATION SET IN THERE BECAUSE I MEAN, YOU KNOW, MAYBE IT MEANT FOR A LOT FOUR, MAYBE IT HAD CHILDCARE SOMEWHERE IN THERE. UH, I CAN'T REALLY SEE WHAT THAT ORIGINAL, UH, REZONING APPLICATION FROM 28 YEARS BACK STATED. I KNOW WHAT, WHAT I'M BEING TOLD, BUT I, I'M NOT SEEING ANYTHING THAT SHOWS THAT THAT'S A BIG ERROR TO MAKE OVER 28 YEARS WHEN WE HAVE A BUILDING THAT, THAT THE APPLICANT SAYS WAS OPERATING AS A DAYCARE FOR 28 YEARS ON LOT FOUR, NOT LOT THREE YET. LOT THREE WAS THE ONE APPROVED 28 YEARS AGO FOR IT. NOT LOT FOUR IS IS AND TO COMMISSIONER BEEZ POINT PRIOR TO 2000, PRIOR TO THE 2001 UDC WAS ADULT DAYCARE AND CHILD DAYCARE. I MEAN THEY WERE BOTH SEPARATE. OH, THERE YOU FOUND [02:30:01] IT. OKAY, WELL LET'S SEE WHAT THE ORDINANCE SAYS. CAN YOU GUYS MAKE THAT BIGGER FOR THEM PLEASE? YEAH, IT DOES SAY ADULT DAYCARE. OKAY. LOT 3, 3, 4 ADULT DAYCARE FACILITY LISTED AS FOLLOWS. LOT THREE BLOCK THREE. YEAH, LOT THREE, BLOCK THREE. SO IT MAY HAVE BEEN USED AS AN ADULT DAYCARE, BUT AT SOME POINT IN TIME BETWEEN THEN AND NOW IT WAS BEING USED FOR CHILD. MAYBE IT'S SWITCHED TO A CHILDCARE. OKAY. MY MY OTHER QUESTION FOR, UM, FOR CITY, UH, IS, OKAY, SO THE CHURCH, THE CHURCH IS STILL THE OWNER OF THE, UM, IS STILL GONNA BE THE OWNER OF THE CHILDCARE CENTER? OR THEY, OR IS THIS GETTING SOLD OFF? NO. ARE THEY STILL GONNA, IT'S, THEY, THEY, THE INTENT WAS TO LEASE? YES. OKAY. SO THEN MY, MY QUESTION THEN GOES BACK TO THE CITY. IF A CHURCH IS GONNA LEASE PROPERTY AND THE PROCEEDS OF THE LEASE ARE GONNA GO TO THE CHURCH, IS IS THAT STILL QUALIFIED AS SOMETHING BEING COMMERCIAL SINCE THE PROCEEDS FROM THE LEASE ARE STILL GOING TOWARDS THE CHURCH? CORRECT. THAT'S, UH, THAT'S STILL A COMMERCIAL USE PARKING LOT OR ANY OTHER OKAY. E EVEN THOUGH THE, THE CHURCH IS THE ONE, I MEAN, OKAY. THE CHURCH WOULD NEED TO BE THE ACTUAL OPERATORS OF, OF THE CHILDCARE. OKAY. AND THE OPERATOR ON THIS ONE IS GONNA BE THE KELLY, UM, IS THAT RIGHT? STEPHANIE KELLY? YES. AND KELLY AND STEPHANIE KELLY IN NO WAY IS ASSOCIATED WITH THE CHURCH. AND, AND JUST TO CLARIFY, EVEN IF THE CHURCH WAS OP OPERATING THIS DAYCARE, THEY CAN ONLY OPERATE IT IN ACCESSORY TO A CHURCH USE. THEY CANNOT, EVEN IF THE CHURCH WAS RUNNING IT, THEY CANNOT RUN IT AS A COMMERCIAL DAYCARE. WHAT DIFFERENTIATES BETWEEN A, A COMMERCIAL AND A CHURCH DAYCARE? SO IF, IF I'M, IF YOU ON THE PART IT, IT SAYS CHRISTIAN DAYCARE, IF I'M GOING TO CHURCH, UM, AND THEY'RE WATCHING MY KIDS DURING CHURCH SERVICES OR BIBLE STUDIES, SOMETHING LIKE THAT, THAT'S FOR THE CHURCH. IF I'M, IF THEY'RE WATCHING MY CHILDREN WHILE I'M COMING TO WORK, THEN THAT'S A COMMERCIAL DAYCARE. GOTCHA. OKAY. PERFECT. THANK YOU. ALRIGHT. UH, IS THERE ANY OTHER COMMISSIONER QUESTIONS? WELL, NOT, NOT A QUESTION, BUT MR I JUST WANNA EXPLAIN ON THE RECORD, UH, WHY I CAN'T SUPPORT YOUR PROPOSAL AND TO SOME DEGREE I'M ECHOING WHAT THE CHAIRMAN'S ALREADY SAID. I'M SYMPATHETIC TO YOUR CASE AND TO THE DIFFICULTY YOU HAVE IN NAVIGATING CITY'S LAND USE CONTROLS. BUT IT SEEMS TO ME THAT AS THE LAW IS WRITTEN, AS THE UNIFIED DEVELOPMENT CODE IS WRITTEN, THE STAFF DECISION WAS CORRECT. UH, IT IS A DIFFERENT USE AND THEREFORE THE REMEDY THAT, THE PROPER REMEDY THAT I THINK YOU NEED TO PURSUE IS TO GET IT REZONED ONCE AGAIN FOR THE USE THAT YOU ANTICIPATE. OKAY. UH, IS THERE ANY OTHER COMMISSIONER, UH, UH, QUESTIONS. ALRIGHT, SO WHAT'S, SO SIR, WHAT'S GONNA HAPPEN IS, UH, WE'RE, WE'RE GONNA DELIBERATE AND, AND, UH, HAVE A MOTION. WE'LL SEE HOW THIS TURNS OUT. SO JUST GIVE US A SECOND. WHO'D LIKE TO MAKE A MOTION ON THIS BRAGMAN COMMISSIONER BRAGMAN REGARDING CASE NUMBER BOA DASH 24 DASH 0 3 0 0 1 54, I MOVE TO THE BOARD OF ADJUSTMENT GRANT, THE APPEAL FOR PROPERTY SITUATED AT ONE 11 DANA STREET, APPLICANT BEING STEPHANIE KELLY BECAUSE THE INFORMATION PROVIDED BY THE APPLICANT SAYS THE CITY STAFF MADE AN ERROR IN THE ADMINISTRATOR'S DECISION FOR NON-CONFORMING USE DENIAL. END OF MOTION. SECOND. SECOND BY COMMISSIONER MANER. COMMISSIONER BRACKMAN. UM, I'M NOT GONNA BE ABLE TO SUPPORT THIS MOTION, UH, FOR THE VERY SAME REASONS THAT, UM, MY COLLEAGUE MENTIONED THERE JUST WAS NOT A ADMINISTRATIVE ERROR. AND REALLY, I THINK AS HE SAID, THE THE BEST THING FOR YOU TO DO IS TO DECIDE WHAT SORT OF USE YOU WANT ON THAT PROPERTY AND GET IT REZONED. COMMISSIONER MANNA, UM, I CONCUR WITH BOTH OF MY COLLEAGUES HERE AND YOU KNOW, THERE'S A REMEDY FOR THIS AND SO, SO I DON'T THINK THAT THE CITY MADE A MISTAKE AND THAT'S KIND OF THE DIALOGUE THAT WE'RE, WE'RE, WE'RE, WE'RE DISCUSSING AND, AND I THINK THERE IS A VALID REMEDY, YOU KNOW, TO, TO GET WHAT IS THAT YOU'RE LOOKING FOR AND AS IS BY GOING DOWN ANOTHER PATH, WHICH IS THE ZONING COMMISSION. SO, UM, ANYWAYS, THANK YOU. IS THERE ANY OTHER COMMISSIONER I WOULD LIKE TO ADD TO THE CONVERSATION? HEARING NONE A ROLL CALL VOTE PLEASE. COMMISSIONER BRAGMAN. I DO NOT CONCUR. COMMISSIONER MANNA? UM, I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? I DO NOT CONCUR. COMMISSIONER IBANEZ? I [02:35:01] DO NOT CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER CRUZ? I DO NOT CONCUR. COMMISSIONER BENAVIDEZ? I DO NOT CONCUR. COMMISSIONER UNA? YEAH, I DIDN'T SEE ANY CITY ERRORS, SO I DO NOT CONCUR. COMMISSIONER VASQUEZ? I DO NOT CONCUR. COMMISSIONER BONNIS? I DO NOT CONCUR. CHAIR ORIAN. AND I ALSO DO NOT CONCUR. SO MOTION DIDN'T PASS. UH, I DO THINK THE CORRECT AVENUE IS A CHANGE OF ZONING AND I WOULD, I'M JUST GONNA GIVE YOU A SUGGESTION. UH, YOU ALSO MIGHT WANT TO THINK ABOUT, BECAUSE YOUR PARKING IS ON A SEPARATE LOT, GETTING A SPECIFIC USE TO HAVE THAT PARKING BE USED, UH, FOR THE CHURCH AS WELL. I WOULDN'T RECOM, I I WOULD JUST SUGGEST, YOU KNOW, AN R FIVE, UH, CONDITIONAL USE SO THAT YOU COULD USE IT FOR PARKING IN CASE THAT COMES UP IN THE FUTURE AS WELL. WELL, WHAT DO YOU MEAN? THAT, THAT THE CURRENT LOT IS YOU'RE, YOU'RE, YOU HAVE FIVE LOTS, SO YOUR CHURCH BUILDING COULD BE ON ONE LOT, BUT IF YOUR PARKING IS ON A SEPARATE LOT, THAT'S NOT PART OF THE CHURCH USE ANYMORE. NOW YOU'RE USING IT AS A COMMERCIAL PARKING LOT IN AN R FIVE ZONING DISTRICT. SO YOU, I'M JUST, IT HASN'T COME UP, BUT I'M JUST TELLING YOU HE'LL, AND, AND STAFF WILL EXPLAIN TO YOU WHAT I, WHAT I'M TRYING TO GET. YES, I UNDERSTAND BECAUSE, UM, I, LIKE I SAID, I THINK, YOU KNOW, BEING HERE IS A EDUCATION FOR ME. IT'S TRAINING AND DEVELOPMENT FOR ME SO I CAN EXPLAIN TO OUR CONGREGATION SPECIFICALLY WHAT WE NEED TO DO MOVING FORWARD BECAUSE I DON'T WANT TO BE, UM, YOU KNOW, OPERATING SOMETHING ILLEGALLY. I UNDERSTAND. WELL, IF, IF YOU GET WITH STAFF AND I THINK AFTER THAT YOU MIGHT WANT TO GO TO YOUR COUNSEL'S OFFICE AND TALK TO 'EM ABOUT YOUR CASE. THEY COULD BE VERY HELPFUL. YES, SIR. THANK YOU SO MUCH. THANK YOU. BOARD. YEP. ALL RIGHT. ITEM EIGHT YEAH. IS LET THE RECORD SHOW THAT COMMISSIONER DEAN HAS LEFT AT 3 49 FOR, UH, BRIEFLY. YEP. FIVE SIX. ITEM NUMBER EIGHT, BO OA DASH 24 DASH 1 0 3 0 0 1 5 6. ADDRESS, 2 2 6 GRIER STREET COUNCIL DISTRICT THREE APPLICANT IS MOSES FLORES. A REQUEST FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SETBACK TO ALLOW A ONE INCH CARDBOARD SIDE SETBACK. ZONING IS R FOUR. SUBJECT PROPERTY IS LOCATED EAST TO SOUTH HACKBERRY STREET, APPROXIMATELY 155 FEET WEST OF SOUTH PINE STREET AND GREER STREET INTERSECTION. ON AUGUST 5TH, 2024, CODE ENFORCEMENT RECEIVED A CITIZEN CALL REGARDING A CARPORT ON THE SUBJECT PROPERTY. DURING INVESTIGATION CODE ENFORCEMENT DETERMINED THAT THE CARPORT WAS BUILT WITHOUT A PERMIT. THE CARPORT APPEARS TO HAVE BEEN CONSTRUCTION CONSTRUCTED SOMETIME BETWEEN 2019 AND 2021 AND REQUIRES A VARIANCE AS THE CARPORT IS NOT COMPLIANT WITH UDC SETBACK REGULATIONS. PROPERTY OWNER IS REQUESTING A FOUR FOOT 11 INCH VARIANCE TO ALLOW AN EXISTING CARPORT TO REMAIN ONE INCH FROM THE SIDE SETBACK. PERMANENT PENDING APPROVAL OF THE BOARD OF ADJUSTMENT AERIAL VIEW OF THE PROPERTY. THIS IS A SITE PLAN SUBJECT PROPERTY, HISTORICAL VIEWS OF THE SUBJECT PROPERTY AND SUBJECT PROPERTY, A VIEW CROSSED FROM THE SUBJECT PROPERTY AND SURROUNDING AREA STAFF'S. RECOMMENDATION SIDE SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO OA DASH 24 DASH 0 3 56 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE VARIANCE WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AT IS, DOES NOT PROVIDE ADEQUATE DISTANCE FROM THE ESTABLISHED PROPERTY LINE, AND TWO, WILL NOT OBSERVE THE SPIRIT OF THE ORDINANCE AS REDUCED SIDE SETBACK, INCREASES RISK OF FIRE SPREAD AND WATER RUNOFF IN THE NEIGHBORING PROPERTY. STAFF MAILED 32 NOTICES. ONE WAS RECEIVED IN FAVOR OF ZERO IN OPPOSITION AND NO RESPONSE WAS FROM THE, FROM THE HIGHLAND PARK NEIGHBORHOOD ASSOCIATION. THIS IS THE ONE IN FAVOR AND THIS CONCLUDES STAFF'S PRESENTATION. APPLICANT IS AVAILABLE. ALRIGHT, LET'S HAVE THE APPLICANT COME FORWARD. HEY EVERYONE, STATE YOUR NAME AND TELL US ABOUT YOUR CARPORT. HEY EVERYONE, MY NAME IS MOSES FLORES. I'M HERE BECAUSE OF THE CARPORT. UM, WELL I BUILT IT TO PROTECT MY VEHICLES BE BECAUSE OF THE, THE HAILSTORMS [02:40:01] AND, UH, THE HOT WEATHER. PRETTY MUCH. THAT'S IT. OKAY. UM, WELL I'LL START OFF THEN. IS THERE'S, THERE'S A STRUCTURE IN THE REAR. IS THAT JUST TO SHED? THAT'S NOT A GARAGE. THAT'S THE ORIGINAL GARAGE THAT WAS, I DON'T EVEN KNOW HOW MY HOUSE IS LIKE OLD. DOES YOUR DRIVEWAY CONTINUE ALL THE WAY TO THE GARAGE? YEAH. OKAY. AND HOW DEEP IS YOUR CARPORT? 20 TO ABOUT 20 FEET. SO IT'S, IT'S 20 FEET LONG, ABOUT 20 FEET LONG, ABOUT 12 FEET WIDE. OKAY. SO DO YOU FEEL GOOD ABOUT THAT 20 FOOT NUMBER OR IS 21 A BETTER SAFER NUMBER? HOW ABOUT 60 ? WELL, AND I'M, I'M ONLY ASKING BECAUSE WHEN I, WHEN I LOOK AT THE AERIAL PHOTO THAT'S ON THE SCREEN, MM-HMM. IT KIND OF APPEARS LIKE IT'S LONGER THAN, THAN 20 FEET. NO, IT'S ACTUALLY THE DISTANCE FROM THE FRONT OF THE HOUSE TO THE BACK OF THE HOUSE, THE EXACT SAME DISTANCE. OKAY. I ACTUALLY, MY HOUSE IS ACTUALLY REALLY SMALL. OH, SO THAT'S CONCRETE AFTER IT THEN? THAT'S WHAT I'M SEEING PERHAPS. YEAH, I JUST 'CAUSE OF, UH, YOU KNOW, A VERY OFTEN, UH, WHOEVER MAKES A MOTION MIGHT WANT PUT A, A, A DEPTH LIMIT ON SUCH A THING. OKAY. SO 12 FOOT WIDE, UH, 20 FOOT DEEP. AND, UH, IS THERE ANY COMMISSIONER QUESTIONS FOR THIS APPLICANT? IF, CAN I SAY SOMETHING? YES SIR. ABSOLUTELY. IF YOU SEE A GUY IN THE MAROON SHIRT THERE, THAT'S RIGHT ABOUT WHERE THE PROPERTY LINE IS AT, I'M ABOUT A FOOT BACK FROM THAT ACTUAL PROPERTY LINE AND I, AND THE NEIGHBOR ACTUALLY RAN A STRING LINE TO DECIDE WHERE TO PUT THE, THE POLES FOR THE SUPPORT. SO I JUST THOUGHT YOU GUYS MIGHT WANT TO KNOW THAT. AND I ASSUME THAT YOUR CARPORT SLIGHTLY DRAINS TO YOUR NEIGHBOR'S SIDE. IT DOES. SO I, I'M, I WAS TALKING TO ONE OF YOU GUYS AND I SUGGESTED PUTTING A GUTTER, WELL WE CAN'T, WE CAN'T MAKE YOU DO IT OR PUT IT EXPEDITION GUTTER. NO, I, I UNDERSTAND. OKAY. SO ARE PLAN TO PUT A GUTTER ARE SAYING YOU GONNA AMEND YOUR APPLICATION TO INCLUDE GUTTERS? YES. AND IF YOUR, YOUR APPLICATION CURRENTLY IS TO BE ONE INCH AWAY FROM THE SIDE PROPERTY LINE, IF YOU WERE TO ADD GUTTERS TO THIS, WOULD SIX INCHES BE STILL BE ENOUGH ROOM? YEAH, IT WOULD LEAVE ABOUT SIX INCHES EXTRA. ALRIGHT, WELL THAT, THAT'S, THAT'S GOOD INFORMATION TO KNOW. YEAH. ALL RIGHT. THANK YOU. UM, IS THERE ANYTHING ELSE YOU'D LIKE TO ADD BEFORE WE, UM, SEE IF THERE'S ANY PUBLIC COMMENTARY? NO. ALL RIGHT. STAFF, IS THERE ANY VOICEMAILS, PUBLIC COMMENTARY? NO PUBLIC COMMENT. ALL RIGHT. IS THERE ANY COMMISSIONER, ADDITIONAL COMMISSIONER QUESTIONS? HEARING, HEARING NONE. WHAT WE'RE GONNA DO IS TAKE LOOK FOR A MOTION, SEE HOW THIS TURNS OUT. OKAY. I'M LOOKING FOR A MOTION. UNA COMMISSIONER ZUNA, REGARDING CASE NUMBER BOA DASH 24 DASH 0 3 56. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR A FOUR FOOT SIX VARIANCE FROM THE MINIMUM FIVE FOOT SET SITE SET ACT TO ALLOW A CARPORT WITHIN SIX INCHES OF A SIDE SET BACK FOR A DISTANCE OF 20 FEET, UH, TO INCLUDE GUTTERS AS THE APPLICANT, UH, WAS OFFERING UP AS PART OF THE AMENDED VARIANCE, UH, SITUATED AT 2 2 6 GREER STREET, APPLICANT BEING MOSES FLORES BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SO THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH THAT A LITERAL ENFORCEMENT OF PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIPS. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AND THE REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST AS A SIX INCH SIDE SETBACK WILL PROVIDE ADEQUATE DISTANCE BETWEEN THE CARPORT AND THE NEIGHBORING PROPERTIES. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT HAVING TO RECONSTRUCT THE CARPORT, CARPORT TO BE A FIVE FEET FROM THE SIDE SETBACK, WHICH WOULD RESULT IN UNNECESSARY HARDSHIP AS A CARPORT WOULD NOT PROVIDE THE COVERAGE NEEDED FOR HIS VEHICLES. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE STRUCTURE WILL BE SIX INCHES FROM, FROM THE PROPERTY LINE, WHICH OBSERVES THE SPIRIT OF THE ORDINANCE AS THE CARPORT PUTS NO HINDRANCE TO THE NEIGHBORING PROPERTIES. IN ADDITION, IN ADDITION, THE APPLICANT WILL BE PROVIDING GUTTERS. THE VARIANCE, UH, FOR THE VARIANCE WOULD NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THE PROPERTY IS LOCATED. IF GRANTED THE ATTACHED CARPORT SIX INCHES FROM THE SITE SETBACK WOULD NOT ALTER THE ESSENTIAL CHARACTER HISTORY. SIX. APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS LO IS SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. CIRCUMSTANCES WERE NOT CREATED BY UNDER THE PROPERTY, NOT DUE TO OR MERELY FINANCIAL NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IS LOCATED. STAFF FINDS APPLIED TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SALT IS DUE TO THE UNIQUE CIRCUMSTANCE EXISTING ON THE PROPERTY, SUCH AS A LIMITED LOT SIZE AND AVAILABLE SPACED FOR FUNCTIONAL CARPORT. SECOND. SECOND, GOODBYE. COMMISSIONER BEES. COMMISSIONER ZUNA. RIGHT. UH, GIVEN THAT THE APPLICANT, UH, OFFERED TO PROVIDE THE, THE GUTTERS, UH, AND NONE, NO OPPOSITION FROM EITHER THE NEIGHBORING PROPERTIES THAT BEEN MOST AFFECTED BY THE NEIGHBORHOOD ASSOCIATION AND THE CARPORT'S BEEN THERE FOR CONSIDERABLE AMOUNT OF TIME, UM, I SUPPORT THE VARIANCES. READ. COMMISSIONER BENAVIDES, I CONCUR WITH MY, WITH MY COLLEAGUE THE GUTTERS. IT'S A GOOD [02:45:01] ADDITION, UM, TO ALLEVIATE ANY ISSUES WITH YOUR NEIGHBORS. SO I I'LL BE, UH, FOR THE MOTION. ALL RIGHT, ANY OTHER COMMISSIONERS YOU'D LIKE TO ADD? HEARING NONE, CALL VOTE COMMISSIONER LINA? YES, I CONCUR. COMMISSIONER BENAVIDEZ? I CONCUR. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN, COMMISSIONER CRUZ. I CONCUR. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER VASQUEZ, I CONCUR. COMMISSIONER BONNI, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINES OF THE FACT. MOTION PASSES. 10 TO ZERO. UM, CONGRATULATIONS IF YOU HAVE ANY QUESTIONS. THANK YOU. TALK TO STAFF. ALL RIGHT. ITEM NUMBER 10. I, IT IS 3 58. COMMISSIONER DEAN HAS, UH, REJOINED THE MEETING. ITEM NUMBER 10 IS BO OA 24 1 0 3 0 0 1 60. ADDRESS IS 1127 SOUTH HACKBERRY STREET. DISTRICT TWO. APPLICANT IS JUAN HERNANDEZ. A REQUEST FOR ONE, A VARIANCE TO ALLOW TWO SEPARATE STRUCTURES ON AN RRN FOUR LATTICE LESS THAN ONE THIRD OF AN ACRE INTO A 15 FOOT VARIANCE FROM THE MINERAL AND 20 FOOT REQUIREMENT TO ALLOW A GARAGE ENTRY TO BE FIVE FEET FROM THE FRONT PROPERTY. LINE ZONING IS RN FOUR CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED AT THE INTERSECTION OF SOUTH HACKBERRY STREET AND FLORIDA STREET EAST OF IH 37 WITHIN DENVER HEIGHTS. THE LOUDEST CURRENTLY VACANT AND THE APPLICANT IS SEEKING TO DEVELOP IT BY CONSTRUCTING TWO SEPARATE STRUCTURES, ONE TO SERVE AS A DUPLEX AND ANOTHER AS A SINGLE STRUCTURE ON A LOT THAT IS LESS THAN ONE THIRD OF AN ACRE. ADDITIONALLY, THE APPLICANT IS REQUESTING A GARAGE ENTRY REDUCTION FROM THE FRONT PROPERTY LINE. THIS IS A SITE PLAN AND THIS IS THE SUBJECT PROPERTY. AND THIS IS THE SUBJECT PROPERTY NEXT DOOR UNDER YOUR SURROUNDING AREA. MM-HMM. RECOMMENDATION TWO SEPARATE STRUCTURES ON R FOUR, LESS THAN ONE THIRD OF AN ACRE AND GARAGE ENTRY FROM THE FRONT PROPERTY LINE STAFF RECOMMENDS DENIAL AND BOA 24 1 0 3 0 0 1 60 BASED ON THE FOLLOWING FINDINGS, MAINTAINING DENSITY REQUIREMENTS CAN PREVENT OVERCROWDING ON SMALLER LOTS. PROVIDES OPEN SPACES AND CONTRIBUTES TO MORE COMFORTABLE AND AESTHETICALLY PLEASING ENVIRONMENT IN AN ESTABLISHED SINGLE STRUCTURED NEIGHBORHOOD. AND TWO, THE GARAGE SETBACK VARIANCES WILL NOT PROVIDE ADEQUATE SEPARATION BETWEEN THE RIGHT OF WAY AND NEIGHBORING PROPERTIES REQUIRED IN THE DISTRICT. AND THAT EXITS INTO THE SURROUNDING DEVELOPMENT, UH, NOTIFICATION PLAN. STAFF? NO DOUBT. 29 NOTICES. ZERO IN FAVOR, ONE IN OPPOSITION AND DENVER HEIGHTS ASSOCIATION IS IN OPPOSITION. AND THIS IS THE LETTER FROM DENVER HEIGHTS ASSOCIATION AND THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. ALL RIGHT. THANK YOU VERY MUCH. HAS THE APPLICANT COME FORWARD? HELLO, SIR? I'M HORNET HERNANDEZ, THE BUILDER ON THESE, UH, DUPLEXES. ALRIGHT, UH, WELL TELL US ABOUT YOUR PROJECT. OKAY, SO MY PROJECT IS, UH, IT'S A RE REVITALIZATION OF THE NEIGHBORHOOD. UH, WHAT HAPPENED WAS THAT WHEN I TURNED IN MY PLANS, I DID MY SITE PLAN, I DID MY EVERYTHING BEFORE THE NEW SYSTEM WENT INTO PLACE. I THINK I TURNED IN MY, MY PLANS LIKE A MONTH AFTER THE NEW JANUARY 1ST, 2023. YES. JANUARY. UH, WHEN, WHICH MY PLANS I HAD WORKED ON AND EVERYTHING WAS IN COMPLIANCE AT THE TIME BEFORE THAT. SO BY THE TIME I TURNED IN MY PLANS, I HAD ALREADY WORKED WITH WHAT WAS COMPLIANT. SO IT BECOMES A HARDSHIP LIKE FOR ME TO TRY TO CHANGE EVERYTHING UP ON, ON THAT END. IT IS, IT IS GONNA BRING REVITALIZATION TO THE NEIGHBORHOOD. UM, A BLOCK DOWN IS THE SAME, PRETTY MUCH THE SAME THING THAT, THAT I'M BUILDING. IT'S, IT'S RIGHT, UH, ON THE NEXT CORNER DOWN, YOU KNOW, SO CAN YOU HAVE THEM, UH, PROJECT ON THE SCREEN AND IN THAT EXAMPLE THERE, THOSE ARE COVERED PARKING AND NOT A GARAGE DOOR. YEAH, THOSE ARE COVERED PARKING, WHICH I ADJUSTED SOME PLANS JUST [02:50:01] IN CASE IT DON'T, I HAVE, UH, UH, COVERED CARPORTS ON MY OTHER PLANS. OKAY. SO, SO JUST AS YOU STATED, UH, YOU'RE SAYING THAT IF, IF THE, IF THE VARIANCE TO ALLOW THE FRONT OF THE GARAGE TO BE FIVE FEET FROM THE FRONT, UH, DOES NOT PASS, YOU'LL JUST TAKE THE GARAGE DOORS OFF AND THEY'LL JUST BE COVERED. COVERED? YEAH. OKAY. AND JUST TO BE CLEAR, YOU'RE DOING ONE, ONE, UH, UH, DUPLEX STRUCTURE AND ONE SINGLE FAMILY STRUCTURE? IT'S ONE DUPLEX AND ONE SINGLE? YES SIR. AND THIS IS ALL IN ONE LOT. IN ONE LOT. OKAY. WHICH WE HAVE, UH, THO THOSE ARE JUST SIMILAR PROPERTIES RIGHT? RIGHT. IN THAT A BLOCK AWAY? PRETTY MUCH. OKAY. YEAH. SO THERE'S TWO TOGETHER ONE'S FREESTANDING. YEAH. SO YOU'RE, YOU'RE NOT TRYING TO DO THREE FREESTANDINGS YOU'RE TRYING TO DO ONLY ONE OF THE THREE WILL BE SEPARATED. ONLY ONE OF THE THREE WOULD BE SEPARATE. OKAY. ALL RIGHT. IS THERE ANY, UH, COMMISSIONER QUESTIONS? CRUZ, COMMISSIONER CRUZ. UH, SO HOW FAR APART WILL THESE HOMES ACTUALLY BE? BECAUSE I KNOW ONE YOU SAID IS A DUPLEX AND THE OTHER ONE IS SINGLE FAMILY. IF YOU LOOK AT THE, OH, IF YOU TURN THAT NEXT PAGE, UM, IT'S, IT IS GOT, UH, THAT'S IF I HAVE TO DO THE CARPORT, BUT WITHOUT THE CARPORT IT'S 20 FOOT APART. IT'S 20. IT IS 20 FOOT APART FROM UNIT A TO UNIT C. ARE YOU, ARE YOU SAYING THAT IF, IF YOU WERE TO DO A CARPORT THEY WOULD, IT WOULD LIE BETWEEN UNIT A AND C? YES. AND SO IT WOULD BE A COVERED AREA WHERE IT COULD, IT WOULD CONNECT ALL THREE PRETTY MUCH. WOULDN'T THAT COUNT AS IT BEING ONE UNIT IF IT'S ALL COVERED AND CONNECTED WITH A ROOF LINE ACROSS LIKE THAT? NO, I KNOW YOU'VE GUYS HAVE SEEN THAT BEFORE WHERE IT COMES TO YOU FOR THAT EVEN, UM, THERE WAS AN INTERPRETATION EARLY ON, LIKE RIGHT AFTER THE ORDINANCE PASSED WHERE WE WERE U UTILIZING THAT TO TRY TO HELP CUSTOMERS. BUT, UM, WELL WE WERE, I'M GONNA CUT YOU 'CAUSE WE WERE HEARING FIVE FOOT WIDE AND THESE RE MINIMAL CONNECTIONS JUST, JUST TO CONNECT SOMETHING. BUT IF YOU'RE TALKING ABOUT, YOU KNOW, TWO THIRDS OF THE ENTIRE LENGTH THAT SEEMS DIFFERENT THAN . WELL, WELL EVEN ON THAT ONE, IT SHOWS THE COURT PORT ON ONE SIDE OF UNIT B, ONE ON UNIT. THE CARPORT ITSELF IS NOT, IS NOT THE ISSUE. IT'S THEY'RE, THEY'RE ASKING ABOUT THE CONNECTION IN ORDER TO MAKE IT ALL ONE UNIT. OH, OKAY. I I GOT IT. OKAY. YES, I UNDERSTAND. MM-HMM. SORRY ABOUT THAT. MANNA COMMISSIONER MANNA. SO, SO I HAVE A QUESTION HERE. SO, SO UM, DOES, DOES RENDERING HERE, SO IS THIS THE RENDERING THAT YOU'RE, YOU'RE, YOU'RE CONSIDERING? SO RIGHT HERE THAT'S SHOWN ON THE PAGE RIGHT HERE. UM, IF, UH, IF THE GARAGE DON'T, DOESN'T GET APPROVED. SO, SO IT'S SHOWING FIVE FOOT SIDE BUILDING SETBACKS WHEN THIS IS THE FRONT OF THE BUILDING AND FIVE FOOT, UM, SIDE SETBACK ON THE BACK OF THE BUILDING. SO AM I MISINTERPRETING THAT? SO IT'S ONLY GONNA REQUIRE FIVE FOOT SIDE? WELL THE ADDRESS IS ON HACKBERRY. SO, SO THE FRONT HAS HAS A SETBACK THAT SIDES ARE ALONG UH, FLORIDA AND THEN THAT'S IT IS A FIVE FOOT SETBACK 'CAUSE HE ADDRESSES ON HACKBERRY. IS THAT, IS THAT WHAT YOU'RE ASKING? YEAH, I SO THAT SEEMS PRETTY ODD. YOU KNOW, SO GENERALLY, YOU KNOW, HAVING, SO THE WE'RE, THE FRONT DOOR IS OFF OF FLORIDA STREET ON ALL THREE OF THESE. CORRECT? UM, THE DRIVEWAY IS OFF OF FLORIDA STREET ON ALL THREE OF THESE. AND SO I GUESS I'M JUST STRUGGLING WITH THE ADDRESS BEING HACKBERRY. YES. AND SO IT JUST SEEMS SO ON, ON AN RM FOUR YOU CAN, SO YOU COULD DO, YOU KNOW, THREE UNITS AND YOU GET THE ADDRESS OFF HACKBERRY, IT ESTABLISHES A SETBACKS. BUT THERE IS A REQUIREMENT TO HAVE THE FIRST UNIT HAVE THE ENTRY DOOR FACING THE STREET IT'S ADDRESSED OFF OF. IS THAT BEING DONE? SO, BECAUSE THAT WOULD BE ANOTHER VARIANCE. RIGHT. SO THAT'S, IT JUST SEEMS WHERE'S THE FRONT DOOR FOR UNIT A? UNIT A IS IS THE FRONT DOOR IS THE SAME AS UNIT. UH, IT'S FACING FLORIDA. YEAH, I BET SEE THAT, THAT, THAT WOULD NEED ANOTHER VARIANCE. OKAY. THAT DOES THIS NEED TO BE READVERTISED? ARE YOU FRONTING OFF OF FLORIDA STREET? NO, HIS ADDRESS IS ON HACKBERRY. ALL THE, ALL THE UNITS. BUT I MEAN WE COULD MAKE THAT ADJUSTMENT. I COULD TURN, HERE'S THE THING, YOUR ADDRESS IS ON HACKBERRY, CORRECT? THAT ESTABLISHES YOUR SIDE SETBACKS FIVE FOOT. YES. ON THE LONG SIDE. FIVE FOOT ON THE LONG SIDE. OKAY. BUT WHAT THAT ALSO MEANS IS THAT THE FRONT DOOR OF UNIT A NEEDS TO BE FACING HACKBERRY HACKBERRY. IF IT ISN'T, THEN YOU WOULD HAVE TO GET IT READDRESSED ON FLORIDA AND THEN YOU WOULD LOSE THOSE FIVE FOOT SETBACKS. IT'D HAVE TO BE A 10 FOOT SETBACK. SO, SO PRETTY MUCH TURN THAT SINGLE UNIT. WELL IF YOU, IF OR YOU CAN ASK FOR ANOTHER VARIANCE, BUT YOU CAN'T DO IT TODAY BECAUSE IT HASN'T BEEN ADVERTISED THAT WAY. OKAY. SO RIGHT. AND SO [02:55:01] THE ONLY OTHER THING IS IF YOU WERE PLANNING TO READDRESS IT OFF OF FLORIDA, YOU CAN DO THAT. OKAY. HOWEVER, THAT AFFECTS YOUR SETBACKS AS THE CHAIR MENTIONED. 'CAUSE YOU'LL HAVE TO HAVE, UM, MAINTAIN THE RM FOUR SETBACKS WITH YOUR FRONTAGE OFF OF FLORIDA. WHAT? WELL, SO THE RM FOUR SETBACKS WON'T HOLD OFF OFF. OUR FOUR SETBACKS ARE 10 FEET IN THE FRONT. 10 FEET IN THE 10 FEET IN THE REAR, BACK FIVE FEET ON THE SIDES. OKAY. IT'S ALL BASED ON WHAT YOUR ADDRESS IS OFF. YEAH. OKAY. SO, SO IF WE, SO IF I DO TURN AROUND, I MEAN IF I DO FACE THAT FRONT DOOR TOWARDS THAT, AND YOU WON'T NEED AN ADDITIONAL VARIANCE FROM, FROM THIS BOARD. OKAY. SO, UH, DO I APPLY FOR AN ADDITIONAL VARIANCE OR IF YOU WOULD LIKE, COULD STAFF COULD POSSIBLY RE ADVERTISE THIS AND INCLUDE THAT, UH, IN YOUR VARIANCE AND THEN YOU'LL COME BACK TO US AND THEN WE CAN LOOK AT ALL OF THEM IN ONE MEETING. OKAY. THAT CAN HAPPEN TOO. SOUNDS GOOD. OTHER, SO THAT'S ONE OPTION. THE OTHER IS YOU TRY TO MEET THE SETBACKS ON, UM, FLOOR. YEAH. CAN, CAN YOU CROP ALL THREE OF THOSE BUILDINGS FIVE FEET ON EITHER SIDE? CAN I, UH, MAKE 'EM SMALLER? PRETTY MUCH. DOESN'T LOOK LIKE IT. I DON'T, I WOULDN'T THINK SO. UH, I WOULD HAVE TO SWITCH MY PLANS UP A LITTLE. OKAY. SO HERE'S WHAT WE'RE GONNA DO. I WOULD LIKE, UH, FOR STAFF, WE'RE GONNA TABLE THIS ISSUE, OKAY? WE'RE NOT GONNA MAKE A DECISION YET, BUT I'D LIKE FOR YOU TO GO TALK TO STAFF, GO OUT IN THE HALLWAY, HAVE THEM EXPLAIN IT TO YOU, AND THEN LET US KNOW HOW YOU'D LIKE TO PROCEED AND THEN WE WILL BRING THIS BACK UP AND DO SOMETHING. OKAY? SOUNDS GOOD. I APPRECIATE THAT. YEAH, WE'LL DO THAT. SO WE'RE TABLING, UH, HEREBY TABLE, UH, ITEM NUMBER, UH, 10 MOMENTARILY, WHICH, AND, UH, WE'RE GONNA MOVE ON TO ITEM NUMBER 11. OKAY. I APPRECIATE YOU. THANK YOU. YES, SIR. AND SARAH, JUST SO THAT WE DON'T FORGET WHEN WE BRING IT BACK FOR WHEN WE BRING IT BACK, WE DO HAVE A PUBLIC SPEAKER IN THE AUDIENCE WAITING TO TALK. WE'LL ABSOLUTELY HEAR FROM THEM. ONE 60. WELL, HOLD, HOLD ON A SEC. IS THE PUBLIC SPEAKER HERE? I AM. WOULD YOU LIKE TO TALK NOW OR WOULD YOU LIKE TO WAIT? I'M GONNA TALK TO HIM. OKAY. I THINK Y'ALL SHOULD GO OUT IN THE HALLWAY AND LET'S, LET'S CLICK GET THIS ALL CLEARED UP. THANK YOU. ITEM 11, ITEM NUMBER 11 IS BO O 8 24 1 0 3 0 0 1 6 1 ADDRESS IS 6 49 AND 7 0 1 BROADVIEW DRIVE COUNCIL DISTRICT SEVEN. APPLICANT IS DI ENTERPRISES REQUEST FOR A 52 FOOT VARIANCE FROM THE MAXIMUM LOT WIDTH REQUIREMENT OF 150 FEET. TO ALLOW A 202 FOOT WIDE LOT ZONING IS R FIVE. PROPERTY IS LOCATED NORTH OF CULEBRA ROAD AT THE INTERSECTION OF CONTINENTAL STREET AND WEST BROADVIEW STREET. THE APPLICANT IS REQUESTING A 52 FOOT VARIANCE FROM THE MAXIMUM LOT WIDTH TO ALLOW DEVELOPMENT ON A 202 WIDE LOT. THE OWNER'S COMBINING TWO LOTS TO CONSTRUCT A POOL AND POOL HOUSE. AN APPLICATION FOR PLAT WILL BE SUBMITTED IN THE FUTURE. THIS IS A SITE PLAN AND THIS IS THE SUBJECT PROPERTY, THE SUBJECT PROPERTY AND THE SURROUNDING AREAS. STAFF RECOMMENDATION AND MAXIMUM BLOCK WITH VARIANCE STAFF RECOMMENDS DENIAL AND BO 8 24 1 0 3 0 0 1 6 1 BASED ON THE FOLLOWING FINDINGS, THE APPLICANT DOES HAVE THE ABILITY TO REPL THE PROPERTY FURTHER WITHOUT EXCEEDING THE MAXIMUM WIDTH AND LEAVING SUFFICIENT ROOM FOR AN RM FIVE LOT TO THE NORTH. THE VARIANCE WILL REDUCE AVAILABLE RESIDENTIAL AREA AND RESULT IN A LARGE UNPROPORTIONAL LOT WITH IN THE AREA NOTIFICATION PLAN. STAFF MAILED 29 NOTICES ZERO IN FAVOR, ZERO IN OPPOSITION. AND COLLABO PARK NEIGHBORHOOD ASSOCIATION IS IN FAVOR. AND THIS IS THE LABOR, THE LETTER FROM COLLABO PARK NEIGHBORHOOD ASSOCIATION. AND THIS INCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. UH, JUST OUTTA CURIOSITY, EXISTING LOTS ARE SHOWN TO BE A PORTION OF 19 AND A PORTION OF 20, WAS THAT DUE TO A RIGHT OF WAY TAKING OR SOMETHING? YES. OKAY. AND THEN FINALLY, UM, I THOUGHT RESIDENTIAL WAS ALLOWED TO CROSS LOT LINES, SO COULDN'T THEY BUILD THE POOL AND HAVE IT ALL BE USED AND JUST HAVE IT BE THESE TWO LOTS? NOT CROSSING LOT LINES, NOT POOLS WELL, BUT I'LL VERIFY. YEAH. I'M NOT SAYING THE POOL'S CROSSING A LOT LINE. OH, BUT YOU KNOW WHAT I MEAN, LIKE, IS THERE ANYTHING STOPPING THEM? LIKE IF THE POOL IS TOTALLY ENCASED ON THIS LOT, 19, WOULD THAT BE OF ISSUE TO US? UH, I'LL, I'LL VERIFY FOR, OKAY. THANK YOU ANNA. YES, COMMISSIONER MAN. SO I'M JUST TRYING TO UNDERSTAND. SO, SO THE REQUEST IS 52 FOOT VARIANCE, [03:00:01] THE MAXIMUM LOT WIDTH REQUIREMENT, 150 FOOT. SO, UH, UH, SO IS IT BECAUSE THE COMBINED LOTS ARE 202? CORRECT. ONCE THEY RE ONCE THEY COMBINE THE LOTS, THEY'RE GONNA BE 202. IT'S HIS INTENT TO COMBINE INTO ONE LOT. OKAY. SO THERE'S GONNA BE A REPL THEN, OR WELL, YEAH, BUT HE, HE'S COMING HERE FIRST. RIGHT. SO, OKAY. SO, OKAY. SO, AND, AND THE PREMISE OF MY QUESTION WAS IF YOU KEEP IT THE WAY IT IS, THE HOUSE CAN STRADDLE IT, BUT I MEAN, CERTAINLY A HUNDRED FOOT WIDE IS BIG ENOUGH FOR A POOL , I WOULD THINK. ANYWAY. LET'S HAVE THE APPLICANT COME FORWARD. UH, STATE YOUR NAME AND TELL US ABOUT YOUR, UH, YOUR PROJECT, PLEASE. OLYMPIC. IT'S OLYMPIC OLYMPIC POOL. I'M SCOTT DYE WITH DI ENTERPRISES CIVIL ENGINEERING AND LAND SURVEYING FIRM. SO I'M HERE TO REPRESENT MY CLIENT, BELINDA MORALES. UM, BELINDA LIVES, JUST TO KINDA GIVE YOU A BRIEF HISTORY, BELINDA LIVES AT 7 0 1. SHE'S BEEN THERE FOR 40 YEARS. SHE GREW UP APPARENTLY IN THAT HOME. AND THEN IN 2005, HER FATHER GAVE HER THE 7 0 1 WEST BROADVIEW. SHE CONTACTED MY FIRM TO, SHE APPARENTLY MET WITH THE CITY AND BECAUSE SHE WANTS TO PUT A POOL ON LOT 19, WE'LL CALL IT LOT 19, IT'S A PORTION THEREOF, BUT, UH, WITH A POOL HOUSE THAT IT WAS CONSIDERED AN ACCESSORY USE THAT NEEDED A PRIMARY USE. AND SO SHE'S HOMESTEADED, BY THE WAY, ON LOT 20 HER HOUSE. SO SHE WANTED TO JOIN THE TWO SO SHE CAN PUT THE POOL AND THE ACCESSORY BUILDING THAT SHE HAS ON LOT 19. SO WHEN SHE CONTACTED MY, MY FIRM, WE, UH, LOOKED AT THE LOT WIDTHS, WHICH WERE IN EXCESS OF AN R FIVE. BUT SHE WOULD LIKE TO ADD THAT SHE WANTS US TO PLOT THE PROPERTY. SO WHEN SHE WANTED TO JOIN THOSE TWO, THE LOT WIDTHS WERE OBVIOUSLY THE, THE OVERALL WIDTHS WOULD BE A LITTLE BIT WIDE. WE HAVEN'T SURVEYED IT YET, BUT I'M ASSUMING IT'LL BE CLOSE TO WHAT WE'RE REQUESTING WITH THE VARIANCE TO JUST ADD THOSE TWO LOTS TOGETHER AND MAKE IT ONE LARGE LOT. THE, UM, THE OTHER IS THAT THE PLAT THAT DOES EXIST, UH, TO ANSWER YOUR QUESTION ON THE LOTS 19 AND 20, THESE ARE PORTIONS THEREOF, NOT BY RIGHT OF AWAY DEDICATION, BUT IT'S A VERY OLD PLAT THAT'S ANTIQUATED PLAT FROM BACK IN 1920 OR IN THE EARLY 1920S. AND SO THEY WERE BIG LOTS AND THESE ARE LIKE REMAINING PORTIONS OF THOSE. SO IT'S AN ANTIQUATED PLAT THAT WON'T ALLOW ANY KIND OF PERMITTING. OH, I, SO I SEE. UM, IT'S, UH, THEY'RE NOT ORIGINAL PLATTED LOTS, SO THAT'S WHY THEIR PORTIONS ARE OF, SO, UM, SO ANYWAYS, WE WENT, WE WERE GONNA PLOT THE PROPERTY. SHE WANTS TO, TO DO THAT. SO THAT'S, UH, AND IT'S JUST A LOT WITH THE VARIANCE THAT WE'RE ASKING FOR. 'CAUSE THERE'S REALLY NOT ANOTHER GOOD ZONING DISTRICT FOR RESIDENTIAL IN THE CODE THAT ALLOWS FOR THE OVER ONE 50. I THINK THE, THE ONLY ONE THAT REALLY WOULD KIND OF APPLY IF YOU WERE TO REZONING WOULD BE AN R 20. UM, 'CAUSE I THINK THAT EXCEEDS YOU'RE ALLOWED THE WIDER WIDTH, BUT THAT TOO IS KIND OF OUTTA CHARACTER IN THAT WITH THE ZONING, UH, WHAT'S THERE, IT'S ALL R FIVE, EVERYTHING AROUND US R FIVE. SO WE JUST WANT THE VARIANCE. SHE'S WANTING THE VARIANCE FOR DIOT WIDTH. OKAY. NO, I UNDERSTAND. COMMISSIONER MANNA. SO, SO HELP ME OR THE CITY OR YOU. SO YOU SEEM GOOD TO HEAR. UM, SO IF I UNDERSTOOD CORRECTLY, YOU CANNOT PUT AN ACCESSORY STRUCTURE BY ITSELF ON AN ON A, UM, ON A LOT. DID YOU HAVE TO HAVE SOME OTHER STRUCTURE? WELL, MY UNDERSTANDING IS THAT YOU CAN'T HAVE JUST AN ACCESSORY STRUCTURE ON THE LOT WITHOUT HAVING A PRIMARY USE. SO, SO NEEDING A SO CITY IS A TRUE STATEMENT. I, BECAUSE WE'VE LOOKED AT OTHER THINGS THAT HAD ESSENTIALLY JUST AN ACCESSORY STRUCTURE ON IT. YEAH, AND THAT'S WHERE I WAS GONNA, SO LIKE LET'S SAY THAT THE LOT LINE IN QUESTION WAS MOVED DOWN SO THAT IT JUST CUT THROUGH THREE FEET OF THE HOUSE. SO THE HOUSE IS NOW STRADDLING THE LOT LINE THAT WOULD ALLOW THE ACCESSORY TO BLEED OVER. BUT BECAUSE IT'S COMPLETELY ON ITS OWN LOT AND THE ACCESSORY WOULD BE COMPLETELY ON ANOTHER LOT, THERE'S NOTHING THAT BINDS IT AND, AND MAKES IT AN ACCESSORY TO THE OTHER, OTHER THAN OWNERSHIP OF THE LAND. SO HE COULD, HE COULD REPL IT, I GUESS, AND PUT THE LOT LINE ON TOP OF THE HOUSE MAYBE, AND SOMEHOW GET IN THAT WAY. I MEAN I'M, BUT, BUT I THINK LIKE I'VE SEEN CARPORTS OR THINGS LIKE THAT ON AN ADJACENT PROPERTY WHERE PEOPLE PARKED ON AN ADJACENT PROPERTY. YEAH, THEY'RE NOT SUPPOSED TO . SO YOU, YOU MIGHT BE TALKING ABOUT A LOT THAT IS DESCRIBED AS TWO LOTS. I THINK THAT'S WHAT YOU MIGHT BE TALKING ABOUT. BUT IF IT'S TWO SEPARATE LOTS, THEY CANNOT DO THAT. BUT I KNOW WE'VE SEEN CASES WHERE IT'S KIND OF A LARGER LOT, BUT IT'S DESCRIBED AS LOT ONE AND TWO, BUT IT'S [03:05:01] ONE PROPERTY AT THAT POINT. THEY'RE FINE. THAT'S, THAT'S NOT THE CASE HERE THOUGH. IT'S TWO SEPARATE PROPERTIES. SO QUESTION WHAT, UM, WHAT WOULD, UH, TAKE FOR A STRUCTURE TO BE CONSIDERED COMPLIANT HERE? SO A BATHROOM, KITCHEN, UM, YOU KNOW, SO I KNOW MY NEIGHBOR HAS A POOL HOUSE THAT HAS A BEDROOM AND A KITCHENETTE IN IT. AND UM, YOU KNOW, SO, SO WHAT TYPE OF STRUCTURE HAS TO BE THERE? A BEDROOM, A KITCHEN AND A BATHROOM. YOU COULD CONSIDER IT NOT AN ACCESSORY, IT COULD JUST BE A HOUSE. YEAH. I BELIEVE THAT'S IS GONNA MAKE IT CONSIDERED A PRINCIPAL USE OF A HOUSE, A DWELLING UNIT IN THE KITCHEN. SO IF YOU HAD A PLACE TO SLEEP, A KITCHEN AND A BATHROOM IN THE, I'M SORRY, SAY THAT AGAIN. IF THE POOL HOUSE HAD A, A PLACE TO SLEEP, A KITCHEN AND A BATHROOM, IT WOULD BE CONSIDERED A HOUSE THAT WOULD HAVE ITS OWN POOL. I MEAN, IF YOU WANTED TO DO THAT. I, UH, DON'T THINK THAT WAS THE INTENT FOR THIS THOUGH. JUST, YEAH. I, I IS THERE HOA DUES THAT YOU'RE PAYING BY THE LOT OUT HERE? NO. OKAY. IT'S NOT PAYING ANY HOA DUES. AND THERE WOULD BE TAXING IMPLICATIONS, I'M SURE. LIKE IF IT'S ONE LOT, IT MIGHT BE A LITTLE MORE COST EFFECTIVE FOR THE OWNER PROBABLY. 'CAUSE IT'D BE HOMESTEAD. IT'D BE A HOMESTEAD. RIGHT. AND HOMESTEAD. UH, BOTH LOTS WOULD BECOME ONE AND BE A HOMESTEAD. PART OF THAT'S, THAT'S, THAT'S WHAT DOES IT FOR ME. MANA. SO, SO UM, SO DO YOU KNOW IN THIS NEIGHBORHOOD IF THERE ARE ANY OTHER LOTS THAT ARE, WE'LL SAY R 20 SIZE, UM, THAT ARE IN THIS NEIGHBORHOOD THAT, THAT WERE EXISTED, YOU KNOW, OVER TIME? IS THIS, OR ARE THEY ALL THIS SIZE LOT? THEY'RE ALL R FIVE AND RIGHT. SOME ARE LARGE, BUT I DON'T KNOW THAT, YOU KNOW, I DIDN'T GO COMPARE TO SEE IF THEY WERE LARGER WITH THE WIDTH. WELL, MY NEIGHBORHOOD WE'RE ALL OUR ELOS OR OUR 20 LOTS. BUT, BUT NOT THAT LONG AGO WE WERE R FIVES. AND SO WE WENT THROUGH AND DID A COMMUNITY CHANGE. AND SO BY, BY DEFAULT THEY WERE ALL R ONE TO BEGIN WITH AND THEN THEY GOT UPGRADED TO R FIVE AND THEN WE HAD TO GO THROUGH AND REQUEST FOR THE CHANGE. AND THAT'S WHY I WAS ASKING. SO, SO YOU KNOW, YOU KNOW, IF THERE WERE LONG STANDING LOTS THAT JUST REALLY AREN'T RIGHT SIZED AND SO, UM, YEAH, IT LOOKS LIKE ALL THE LOTS TO THE NORTH OF YOU ARE, ARE, ARE PRETTY SIZABLE. IT'S JUST A WITH ISSUE I THINK AT THIS POINT. AT THIS POINT, YEAH. OKAY. UH, IS THERE ANYONE TIME TO SPEAK ANY VOICEMAILS? NO PUBLIC COMMENT. IS THERE ANY ADDITIONAL COMMISSIONER QUESTIONS? I MEAN, I THINK WE'RE READY FOR A MOTION IF, IF, UH, ANYONE WOULD LIKE TO MAKE ONE. SURE. MANNA COMMISSIONER MANNA. SO REGARDING CASE NUMBER BO 8 2 4 1 0 3 0 0 1 6 1, I MOVED THAT THE BOARD ADJUSTMENT GRANT A REQUEST FOR A 50 FOOT 52 FOOT VARIANCE FOR THE MAXIMUM LOT WIDTH REQUIREMENT OF 150 FOOT TO ALLOW A 202 FOOT WIDE LOT SITUATED AT 6 4 9 AND 7 0 1 WEST BROADVIEW DRIVE APPLICANT B AND D ENTERPRISES. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACT THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH AS LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC ESTIMATED WOULD RESULT IN A NECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST DUE TO THE SIZE OF THE PROPERTY. 150 FOOT VARIANCE TO ALLOW A LOT WITH A TWO TWO FOOT WILL NOT AFFECT THE GENERAL HEALTH, SAFETY AND WELFARE OF THE NEIGHBOR OR SURROUNDING PROPERTIES. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD PREVENT THE APPLICANT FROM CONSTRUCTING A POOL AND POOL HOUSE ON THE PROPERTY. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE GRANTING OF THIS VARIANCE WILL OBSERVE THE SPIRIT OF THE ORDINANCE AS THE POOL AND POOL HOUSE WILL BE ABIDING ALL OTHER SETBACK REQUIREMENTS. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THIS VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. AS SUCH, VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH IS PROPERTY IS LOCATED. THE WIDTH VARIANCE WILL ALLOW A POOL AND POOL HOUSE TO BE CONSTRUCTED WITHIN THE BOUNDARIES OF THE 202 FOOT LOT. THIS WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTIES, WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AT SIMILAR LOT, WHICH CAN BE SEEN THROUGHOUT THE NEIGHBORHOOD. SIX APPLIED TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE HAS SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING IN THE PROPERTY. UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL, ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE SIZE AND ORIENTATION OF THE LOT. THIS CIRCUMSTANCE NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION. SECOND. SECOND BY COMMISSIONER BREGMAN. COMMISSIONER MANNA. SO I'LL BE VOTING IN, IN, IN SUPPORT OF THIS AND FOR A COUPLE REASONS. ONE IS THAT, UM, YOU KNOW, IF THIS HAD BEEN, YOU KNOW, ONE OF THE OTHER LOTS IN THE NEIGHBORHOOD, WHICH WAS ALREADY LARGER THAN THIS AND WAS JUST BASICALLY, UM, YOU KNOW, WE'LL SAY, UH, NOT RIGHT ZONED, [03:10:01] UM, YOU KNOW, THIS WOULD'VE BEEN PERMITTED JUST BY BY, RIGHT. UM, SECOND IS THAT, YOU KNOW, NORMALLY WHENEVER WE'VE, YOU KNOW, WHENEVER I HAVE A CONCERN IS WHEN, IS THAT WE'RE SUBDIVIDING PROPERTIES. AND SO SINCE WE'RE COMBINING PROPERTY, YOU KNOW, TO ME I I DON'T SEE AN ISSUE WITH THAT. AND SO, SO I'LL BE VOTING IN FAVOR. COMMISSIONER BRAGMAN. I CONCUR WITH MY COLLEAGUE. I'LL BE IN SUPPORT AS WELL. ALL RIGHT. ANY OTHER COMMISSIONERS LIKE TO ADD HEARING? NONE HAVE ROLL CALL, VOTE PLEASE. COMMISSIONER MADOFF. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRAGMAN, I CONCUR WITH THE FINDINGS OF FACTS. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER YBANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER BENAVIDEZ? I CONCUR. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ. I CONCUR. COMMISSIONER BONNI, I CONCUR. CHAIR ORIAN. AND I CONCUR WITH THE FINDINGS OF FACT. UH, MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. THANK YOU. AND, UM, IF ANY, IF YOU HAVE ANY QUESTIONS, YOU CAN TALK TO STAFF. UM, THANK YOU. UH, DID APPLICANT FOR ITEM NUMBER 10? YEP. I BELIEVE THEY'RE READY TO GO NOW. ALL RIGHT, LET'S HAVE 'EM COME BACK UP PLANS, BECAUSE THIS, SO YOU HAVEN'T HAD A FULL, ALL RIGHT, IT'S 4 24. I'M BRINGING ITEM NUMBER 10, UH, BACK ONTO THE TABLE IF THE APPLICANT CAN COME FORWARD. ALL RIGHT. SO HOW, HOW'D IT GO OUT THERE? PRETTY GOOD. I, UM, SHE SAID, UH, 10, THE 10 THE, WE'RE GONNA GO FOR THE GARAGE WITH, UH, SETBACKS. I THINK IT'S, UM, 10 ON THE SIDE OF HAG BERRY TO, TO PUT IT ON FLORIDA STREET. 10 FOOT, UH, SETBACK ON FLORIDA, ON, UH, HAG BERRY. FIVE ON THE SIDES OF EACH, LIKE OF THE SEPARATION OF THE HOUSES OF THE DUPLEX. OKAY. HOLD. SO WHAT HE'S SAYING IS HE'S GONNA MEET THE REQUIRED SET, UH, SETBACKS, UH, AND GET AN ADDRESS CHANGED TO ORIENT OFF OF FLORIDA STREET. OKAY. UM, SO ALL HE NEEDS FOR YOU TO CONSIDER TODAY IS THE SEPARATE STRUCTURES AND ALSO THE 15 FOOT VARIANCE TO THE MINIMUM 20 FOOT REQUIREMENT TO ALLOW THE GARAGE ENTRY TO BE FIVE FEET FROM THE FRONT PROPERTY LINE. OKAY. AND JUST TO MAKE SURE I'M CLEAR ON THIS SKETCH, THE, THE, THE, THE SIDEWALK IS ESTABLISHED IN THIS AREA TO BE AGAINST A PROPERTY LINE AND NOT AGAINST THE STREET. IF THE, I'M WONDERING IF THE APPLICANT CONSTRUCTED THE SIDEWALK BEHIND THE CURB, WOULD HE HAVE HIS 20 FEET? 'CAUSE IT'S MEASURED TO EITHER THE BACK OF THE SIDEWALK OR THE PROPERTY LINE OUTTA CURIOSITY, WE'LL NEED, UM, TO LOOK AT THE, THE SIDE. IF IT'S 20 FEET TO THE BACK OF THE SIDEWALK, HE'D BE, HE'D BE GOOD TO GO. YEAH. 'CAUSE I, I, I, OKAY, I HAVE MORE HESITATION ON THAT. I THINK IF YOU PULL UP THE, YEAH, IF YOU PULL UP THE, UH, PICTURE WHERE IT SHOWS THE CPS POLE, THEY THINK THAT'S A GOOD GAUGE AND IT LOOKS LIKE THEY HAD IT FROM THERE. OKAY. AND SO HE, HE'S ABLE TO MEET THE, THE 10 FOOT FRONT SETBACK REQUIREMENT. IT'S JUST THE GARAGE ENTRY THAT IS, IS THE ISSUE. AND SO IT'S GONNA BE HARD TO BE, HAVE A RELIABLE SITE PLAN IN FRONT OF YOU OF WHAT HE'S ACTUALLY GONNA PROPOSE BECAUSE HE'S GONNA SHRINK HIS BUILDINGS A LITTLE BIT IN ORDER TO MEET THOSE SETBACK. SO HE'S GONNA GET AN ADDRESS ON FLORIDA, WHICH REQUIRES A 10 FOOT FRONT SETBACK. CORRECT. SO HIS GARAGE IS GONNA BE AT LEAST 10 FEET AWAY FROM THE PROPERTY LINE. SO, SO I WON'T NEED A, I WON'T NEED A 20 NO MORE, RIGHT? CORRECT. BUT THEN, SO THE GARAGE WOULD STILL BE, UM, I BELIEVE FIVE FEET FROM THE, WELL, IT, IT GOES OFF OF THE PROPERTY LINE OR, UM, SIDEWALK. YEAH, THE BACK OF SIDEWALK. BACK OF THE SIDEWALK. THE BACK OF SIDEWALKS AGAINST THE PROPERTY LINE. SO IF HE, IF HE HAD A, A 10 FOOT FRONT SIDE SETBACK, IF ON FLORIDA HIS GARAGE WOULD BE, THE FACE OF GARAGE WOULD HAVE TO BE 10 FEET AWAY FROM FLORIDA. RIGHT. AND SO THEN HE WOULD BE MEETING IT IN THAT, IN ESSENCE, HE PROBABLY WOULDN'T NEED THAT. AND SO MY BIG PROBLEM WITH, WITH THAT IS, IS IF A CAR IS PARKED, LIKE YOU'RE GONNA HAVE A DRIVEWAY, I ASSUME OUT TO THE STREET, IF A CAR IS EVER PARKED ON THE DRIVEWAY, HE'S BLOCKING THE SIDEWALK. THAT AND THAT'S NOT ALLOWED. [03:15:01] CORRECT. AND SO YOU WOULD, DO YOU, DO YOU FOLLOW WHAT I'M SAYING, SIR? YES, I DO. SO, UM, OKAY, SO IF YOU CONSTRUCTED THE SIDEWALK, 'CAUSE YOU'RE GONNA HAVE TO BUILD CURBS WHEN YOU DO THIS, CORRECT? RIGHT NOW YOU DON'T HAVE CURBS ALONG FLORIDA. IF YOU BUILD THE CURB AND THEN RECONSTRUCT THE SIDEWALK AGAINST THE BACK OF CURB, THAT 20 FOOT MEASUREMENT IS FROM THE FACE OF GARAGE TO THE BACK OF CURB TO THE BACK OF SIDEWALK OR THE PROPERTY LINE, WHICHEVER IS TO YOUR BENEFIT. OKAY? SO IF, IF YOU BUILT IT THAT WAY, ONE YOU WOULD, IF A CAR IS PARKED IN THE DRIVEWAY, IT WOULDN'T BE BLOCKING THE SIDEWALK AND IT WOULD MOST LIKELY BE 20 FEET AWAY FROM THE BACK OF THAT SIDEWALK. DO YOU HAVE ANY IDEA HOW FAR AWAY THE EDGE OF PAVEMENT IS FROM YOUR, FROM YOUR PROPERTY LINE? UH, I CAN'T RECALL. I, I CANNOT RECALL. UM, SO THE PAVEMENT, THE STREET PAVEMENT TO THE PROPERTY LINE, RIGHT? I MEAN TO THE YEAH. THE EDGE OF PAVEMENT TO YOUR PROPERTY LINE. THAT'S 27. I CAN'T NOT RECALL THAT SIR. MAN, BECAUSE YOU'RE YES. UH, COMMISSIONER MANNA. SO ALSO, I MEAN, ARE, ARE WE MISSING THE BACK, THE REAR SETBACK? 'CAUSE IF WE CHANGE THE ADDRESS TO FLORIDA, ISN'T THERE GONNA BE A A OH, HE'S GONNA, HE, HE'S, HE'S, HE'S ACKNOWLEDGED THAT HE'S GONNA CHANGE THE HOME DESIGN TO, SO THE WHOLE, SO, SO YOU'LL BE MEETING THE SETBACK FOR BOTH THE FRONT AND BACK. FOR BOTH FRONT AND BACK. OKAY. BUT, BUT IF HE'S SAYING THAT IF I, IF I COULD DO MY, UH, DRIVEWAY NEXT, NEXT TO THE PAVEMENT, THAT, THAT SHOULD, UM, SO THE DILEMMA IS, IS YOU HAVE AN ON FLORIDA STREET, THE ESTABLISHED PUBLIC SIDEWALK IS AGAINST THE PROPERTY LINE. IT'S IN THE RIGHT OF WAY, BUT IT'S TOUCHING YOUR PROPERTY LINE. IF YOU BUILD IT, IF YOUR GARAGE IS 10 FEET AWAY AND YOU HAVE A DRIVEWAY THAT GOES OUT TO THE STREET, IF A CAR EVER PARKS IN THAT DRIVEWAY, HE'S SIDEWALK BLOCKING THE SIDEWALK. THAT'S ILLEGAL. CORRECT. AND SO THE WAY TO REMEDY THAT IS THAT WHEN YOU, YOU, YOU ARE GOING TO, UH, WHEN YOU BUILD THIS, THAT HE'S GONNA MAKE YOU BUILD CURBS. OKAY? BECAUSE YOU'RE NOT IDZ, RIGHT? YOU'RE JUST ARMED FOUR. NO. OKAY. SO YOU'LL HAVE TO BUILD CURBS ALONG FLORIDA, OKAY. UH, AND THEN YOU'LL HAVE, UH, THEY'LL LOOK AT YOUR SIDEWALK TO SEE IF IT NEEDS TO BE RECONSTRUCTED. BUT WHAT YOU COULD DO IS RECONSTRUCT THE SIDEWALK AGAINST THAT NEW CURB YOU'RE GONNA HAVE TO BUILD. OKAY. MOVING IT FURTHER AWAY, THUS REMOVING THE POTENTIAL FOR BEING AN ILLEGAL PARKING. ILLEGAL PARKING. OKAY. AND, AND THAT AFFECTS US, BECAUSE NOW IF YOU'VE GOT 20 FEET FROM THE BACK OF THAT FOUR FOOT SIDEWALK OKAY. TO YOUR GARAGE, YOU DON'T NEED A VARIANCE ANYMORE. ALRIGHT? ALTHOUGH I WOULD RECOMMEND THIS BOARD THAT THEY, THEY GIVE YOU TWO OR THREE FEET JUST IN CASE. 'CAUSE WE DON'T KNOW THE SPECIFIC DIMENSION. OKAY? YOU KNOW, YOU MIGHT BE A FOOT OR TWO SHORT FROM THE 20 FOOT REQUIREMENT, A 20 FOOT REQUIREMENT, BUT A STANDARD CAR IS 18 FEET DEEP. SO I WOULD JUST RECOMMEND TO THE BOARD TO GIVE, TO DO THAT. SO, EZ YES. COMMISSIONER BONILLA, UH, QUESTION TO THE APPLICANT. UM, I KNOW WHEN YOU FIRST CAME UP HERE AND SPOKE, YOU SAID THAT YOU STARTED THIS WHOLE PROCESS BEFORE THE RM FOUR. DID YOU GET APPROVAL FOR YOUR BUILD PLANS BEFORE? NO, I TURNED, WELL, I, I STARTED WORKING ON MY PLANS BEFORE THE CHANGE. SO BY, THEY WERE, WHEN I FINISHED BUILDING THEM, IT WAS RIGHT BEFORE THE NEW YEAR, BUT I DIDN'T TURN 'EM IN TO THE FOLLOWING THE, THE FOLLOWING YEAR, YOU KNOW. SO, UH, WAS AN APPLICATION, DID YOU START AN APPLICATION AT LEAST? WELL, WE STARTED THE PLA WE STARTED THE PLAT IN, UH, 2022, I BELIEVE. WITH, WITH THE WAY IT WAS GONNA, WITH THE WAY IT WAS GONNA BE. UM, BUT YES, WE, WE DID THE PLAT ON IN 2022, I BELIEVE. WAS ANY, WAS ANY TYPE OF APPLICATION SUBMITTED TO THE CITY? YEAH, PLAT, UM, THE PLAT WOULD DO IT. HE'D HAVE TO APPLY FOR VESTED RIGHTS? YES. OKAY. I'M JUST TRYING TO MAKE SURE BECAUSE I KNOW THAT, YOU KNOW, YOU WENT BACK THERE AND, AND NOW YOU'RE HAVING TO SHRINK DOWN YOUR, YOUR BUILDS, YOU KNOW, BEFORE YOU GO DO IT. ALL THAT YOU MAY, YOU KNOW, MAYBE MAY NOT BE THE BEST THING FOR YOU. I DON'T KNOW WHAT YOUR PURPOSES ARE FOR THESE, WHETHER YOU'RE GONNA SELL THEM TO, AS, AS INVESTMENTS AND TRY TO MAKE MONEY IF YOU'RE SHRINKING DOWN YOUR INVESTMENTS. I DON'T KNOW IF THAT'S THE BEST THING FOR YOU RIGHT NOW, TO, TO MAYBE HAVE US VOTE ON SOMETHING THAT'S GONNA GET YOU LOCKED INTO SOMETHING BEFORE YOU'RE FOR SURE ON WHAT YOU REALLY, REALLY WANNA DO THERE. UM, THAT, THAT'S MY ONLY CONCERN FOR THE APPLICANT IS, YOU KNOW, MAKING SURE THAT YOU'RE MAKING THE BEST DECISION AND WE VOTE ON THE RIGHT THING. THAT'S, THAT'S BEST FOR YOU GOING FORWARD, NOT YOU MAKING SOMETHING THAT YOU FEEL LIKE YOU HAVE TO MAKE TODAY. YEAH, I, I WOULD LIKE TO TALK IT OVER TO WITH MY, UH, ENGINEERS AND, UM, SEE WHAT WE COULD, WE COULD DO. 'CAUSE IT, IT, IT WAS PLANNED OUT WAY BEFORE, WAY BEFORE, UM, THE RIGHT, THE NEW CHANGE THE NEW CODES. YEAH. SO THEN CHAIR COULD, COULD I MAKE AN AMENDMENT THEN TO, TO, TO RESCHEDULE THIS FOR A LATER DATE? THAT WAY THE APPLICANT CAN, [03:20:01] CAN KIND OF JUST REEVALUATE EVERYTHING, HIS PLANS, HIS FUTURE PLAN AND WHAT HE REALLY WANTS TO DO WITH THIS PROJECT BEFORE WE VOTE ON ANYTHING. IF THAT'S, IF THAT'S SOMETHING THE APPLICANT WOULD LIKE TO DO, JUST, JUST SO YOU KNOW, YOUR PLAT, IF YOUR PLA IF YOU APPLIED FOR A PLAT PRIOR TO THE CODE CHANGE, YOU COULD USE THAT TO APPLY FOR VESTED RIGHTS. OKAY. THE APPLICATION FEE'S LIKE A THOUSAND DOLLARS. OKAY. AND IT TAKES SOME TIME TO DO IT AND YOU GOTTA PAY SOMEBODY TO DO IT, YOU KNOW? BUT YOU'RE HERE. I, I WOULD JUST BE AWARE THAT YOU'RE ALREADY HERE. YES. AND WHAT YOU'RE USING VESTED RIGHTS TO ACQUIRE IS SOMETHING THAT YOU'RE HERE FOR ANYWAY. OKAY. THAT YOU'VE ALREADY PAID FOR. YEAH. AND I DON'T, I DON'T WANNA SPEAK FOR ANY RESULTS OF ANY VESTED RIGHTS. UM, HOWEVER, PLA DOES NOT SHOW SEPARATION OF TWO STRUCTURES BEING BUILT. UM, SO, SO AGAIN, I DON'T WANT TO, UM, COMMENT ON WHAT THE RESULT OF THAT WOULD BE. AND JUST FYI, THIS IS A, A LITTLE CLEARER SITE PLAN. SO EVEN IF IT DOES GET ADDRESSED OFF OF FLORIDA, THE THE GARAGE STILL NEEDS THAT 20 FOOT SETBACK WHEREVER IT'S ADDRESSED OFF OF. SO HE WOULD STILL NEED A RIGHT, I BELIEVE A 10 FOOT IF, IF YOU'RE TALKING ABOUT A 10 FOOT FROM THE PROPERTY LINE, A 10 FOOT VARIANCE FOR A 10 FOOT, UH, GARAGE SETBACK. YEAH. WHAT WOULD YOU LIKE TO DO, SIR? I MEAN, WE CAN, WE CAN TAKE ON THE SEPARATE UNITS AND WE CAN TAKE ON A, A GARAGE SETBACK. UH, OR WE CAN, WE CAN HAVE A CONTINUANCE AND, AND REVISIT THIS LATER. BUT IT STILL SOUNDS LIKE YOU'RE STILL ASKING FOR THOSE TWO THINGS. YEAH, WE'RE STILL ASKING FOR I WOULD, I MEAN, IF WE COULD, UH, GRANT, I, I WOULD LIKE TO DO IT RIGHT NOW. THE, THE SETBACK, THE 10 FOOT STEP BACK AND THE SEPARATE UNIT. SEPARATE UNIT. YES, SIR. ALL RIGHT. IS THERE ANY PUBLIC CON THERE'S NO PUBLIC CON. WE HAD A SPEAKER. YES. YES, WE DO. HER, UH, MR. UH, SALIAN, WE'RE GONNA HEAR FROM THE CITIZEN SIGN TO SPEAK. HI. PLEASE STATE YOUR NAME AND TELL US YOUR THOUGHTS. JOANNE SYA. I AM, UM, FROM THE NEIGHBORHOOD I LIVE EXACTLY CATTYCORNER FROM THAT LOT. UM, MY CONCERN IS THAT, UH, I DIDN'T GET AN EXPLANATION AS TO WHAT WAS BEING BUILT. SO I WAS HERE TO FIND OUT, UH, BECAUSE THERE ARE SOME BUILDINGS THAT ARE COMING UP AND THEY HAVE LIKE MULTIPLE UNITS. THERE ARE TWO BUILDINGS WITH EIGHT UNITS ON EACH SIDE, AND THEY'RE VACANT. UM, I DON'T KNOW IF THEY'RE NOT COMPLIANT, MAYBE THAT'S WHY THERE'S NOBODY THERE. UH, BUT THE, UM, I I, I TALKED TO THE BUILDER AND, AND I BEING HERE, UH, TO FIND OUT EXACTLY WHAT, WHAT THE PLANS ARE, I AM A LOT MORE COMFORTABLE WITH THAT. UH, AND, AND, AND I'M OKAY WITH EITHER SIDE FLORIDA OR HACKBERRY. BUT THE CONCERN IS OF COURSE IT WILL IMPROVE THE NEIGHBORHOOD JUST WITH THE SIMPLE FACT OF GETTING SIDEWALKS, YOU KNOW? UH, BUT UH, NO, I'M, I'M NOT OPPOSED TO IT AT ALL. I JUST WANNA MAKE SURE THAT WE'RE NOT GONNA HAVE, UH, EIGHT UNITS IN ONE BUILDING AS THEY HAVE UP YEAH. ON HACKBERRY AND DELAWARE. YEAH. IT'S JUST ONE BLOCK UP AND, AND THEN ONE BLOCK DOWN WE HAVE THE, THE, THE, THE UNITS THAT YOU SHOWED THERE, WHICH ARE NICER. YEAH. YEAH. THIS, THE RM FOR A ZONING ALLOWS UP TO FOUR STRUCTURES ON A A A LOT. MM-HMM. . MM-HMM. . UH, BUT THEY HAVE TO BE, IF IT'S, THE LOT IS LESS THAN A THIRD OF AN ACRE, THE STRUCTURES HAVE TO BE ATTACHED. SO THIS APPLICANT COULD THEORETICALLY PUT FOUR HOMES. MM-HMM. , HE'S PUTTING THREE, BUT HE'S WANTING THEM, ONE OF THEM TO BE AT DE SEPARATED. SO THAT'S WHAT HE NEEDS A VARIANCE. AND, AND IT SEEMS LIKE IT WOULD WORK EITHER WAY IF HE LEFT THE ONE, UH, WITH A HACKBERRY ADDRESS AND THE OTHER WOULD HAVE A FLORIDA ADDRESS. IS THAT CORRECT? NO, HE'D HAVE TO BE, ALL THREE WOULD HAVE TO BE ADDRESSED OFF THE SAME STREET. 'CAUSE IT'S ONE LOT. OKAY. I SEE. WHATEVER WORKS FOR HIM. I, I WAS JUST WANTING TO SEE WHAT THE PLANS WERE AND UH, MAKE SURE THEY'RE NOT MAKING A, A RAT PACK, YOU KNOW? OKAY. BANA, YES. COMMISSIONER BANA ONE UNIT. SO, UM, SO ARE YOU AN ACTIVE PARTICIPANT IN THE NEIGHBORHOOD ASSOCIATION? SO THE DEMOCRAT? NO. AS A MATTER OF FACT, I DON'T KNOW THAT OUR, A NEIGHBORHOOD ASSOCIATION IS ACTIVE. ACTUALLY, I DON'T KNOW. , WE, WE HEAR FROM THEM REGULARLY ON LOTS OF CASES. MEMBER HEIGHTS. THAT'S GOOD KNOW. OKAY. UM, AND SO, SO 'CAUSE THEY, THEY HAD QUESTIONS AS WELL AND THE REASON WHY I WAS ASKING IS 'CAUSE IT SEEMS LIKE, YOU KNOW, YOU MAY HAVE ADDRESSED WHAT THEY WERE CONCERNED ABOUT WITH REGARDS TO THE RENDERINGS AND SO, SO THEY'RE, YOU KNOW, THEY WANTED TO, I GUESS GET FURTHER INPUT FROM THE RENDERING PERSPECTIVE. BUT, UM, OKAY. WELL I'M GLAD THEY'RE, THEY'RE, UH, BEING, UM, CAUTIOUS AS WELL. YEAH. BUT [03:25:01] NO, I, I'M, I'M, I'M COMFORTABLE WITH THAT AND FOR HIM TO MAKE A DECISION ON WHAT HE NEEDS TO DO. YEAH. ALRIGHT. THANK YOU. IF THERE'S ANY OTHER, UH, COMMISSIONER QUESTIONS, WE CAN MOVE ON TO A MOTION. SORRY, I, OH, COMMISSIONER MANNA. SO, SO STILL THE QUESTION, YOU KNOW, UM, YOU KNOW, THE, THE DENVER HEIGHTS DID, YOU KNOW, DID WANT TO HEAR MORE ABOUT THIS AND SO WE'VE HAD SOME DIALOGUE AND SO ONE WOULD, YOU KNOW, QUESTION, YOU KNOW, IS REACH OUT TO DENVER HEIGHTS AND KIND OF WORKING WITH THEM TO GET THEIR BUY-IN. 'CAUSE THAT WOULD HELP ME, YOU KNOW, A LOT FROM MY PERSPECTIVE AND, AND SOUNDS LIKE, YOU KNOW, UM, THE NEIGHBOR WAS GOOD AND SO, BUT UM, YOU KNOW, IF SHE HAD REPRESENTED THEM THEN WE'VE BEEN ALL ON BOARD. BUT, YOU KNOW, SO ONE QUESTION WOULD BE, IS FINALIZING A LOT OF THE DETAILS AND THEN, AND THEN MAYBE BUY GETTING THEM TO BUY IN. SO THAT WOULD HELP ME. BUT, UM, YOU KNOW, I'LL LEAVE IT TO THE BOARD. OKAY. YES. COMMISSIONER BENI. AND IF WE DO VOTE ON THIS, WHAT, WHAT ARE WE GONNA VOTE FOR HERE EXACTLY IN A MINUTE? AND, AND IF SO, IF WE DO, DO CHOOSE TO VOTE ON IT, ARE WE VOTING BASED OFF OF HIM DOING AN ADDRESS CHANGE IN THE FUTURE? YEAH, SO WHAT I WOULD RECOMMEND IS, UM, THAT THE MOTION BE READ THAT IT WOULD BE TWO SEPARATE STRUCTURES TO HOUSE A TOTAL OF THREE UNITS. AND THEN THE OTHER PART WOULD BE, UM, A VARIANCE FROM THE 20 FOOT. BUT I WOULDN'T, I PERSONALLY WOULDN'T SUPPORT A 15. I THINK IT, I THINK IT SHOULD BE NO MORE THAN LIKE A THREE FOOT THAT WOULD FORCE HIM TO MOVE THE SIDEWALK TO THE STREET AND THEREFORE, UM, AND, AND STILL PROVIDE ADEQUATE SPACE FOR A VEHICLE TO EXIST. BUT THAT'S, THAT'S MY 2 CENTS. UM, OR THE APPLICANT COULD GO BACK TO DENVER HEIGHTS. UH, SIR, CAN YOU COME BACK WITH THE YES. WHEN YOU, WHEN YOU APPLIED TO DENVER HEIGHTS, DID YOU PROVIDE ANY SORT OF A LAY LAYOUT PLAN? I NEVER KNEW THERE WAS A NEIGHBORHOOD ASSOCIATION. UH, SO THEY JUST REPLIED SOLELY TO THE NOTIFICATION OF THE CITY, THE STANDARD NOTIFICATION THE CITY SENT OUT. YEAH. I NEVER, I NEVER KNEW THERE WAS A WOULD YOU LIKE TO GO TALK TO? 'CAUSE THERE WE, WE NORMALLY DO LIKE TO HEAR FROM THE NEIGHBORHOOD ASSOCIATION. THAT'S FINE. I I COULD TALK TO WHOEVER I HAVE TO. THAT'S, THAT SHOULDN'T BE NO PROBLEM. I MEAN, SHOULD WE DO IT AT A LATER? UH, WE CAN RECOMMEND FOR A MONTH, UH, CONTINUANCE, BUT, 'CAUSE I'M GONNA WARN YOU THOSE, THEY ONLY MEET LIKE ONCE A MONTH AND YOU, IS THAT RIGHT? I'VE GOT TO GET IN FRONT OF THEM. OKAY. UH, WOULD ANYBODY HAVE A NUMBER FOR ME TO, UH, STAFF? THERE SHOULD BE AN EMAIL ON THAT. YEAH, WE'LL SEND, WE SEND THE EMAIL WITH THAT INFORMATION, BUT WE'LL RESEND IT TO YOU. THEY'RE ALSO POSTED ON CITY WEBSITE AND, AND THEN MAYBE ALSO, SO FINISH THE DIALOGUE WITH REGARDS TO THE PLANS WITH THE CITY AND WHAT THEY TALKED ABOUT. SO THAT WAY IT'S NICE AND CLEAN THE NEXT TIME WE COME BACK. SO, OKAY. DO Y'ALL RECOMMEND ANYTHING ON MY END? UH, I REC I PERSONALLY RECOMMEND, I MEAN MY ENGINE, TALK TO MY ENGINEER ABOUT ANYTHING ABOUT PROVIDING A SIDE PLAN THAT'S BASED ON ALL THE DISCUSSIONS THAT YOU HAD AND MOVING THE ADDRESS, THE SETBACK. SO THE SETBACKS WERE GOING FOR, WELL THAT'S BETWEEN YOU AND WHOEVER, BUT NOT OKAY. OKAY. BUT I THINK, I THINK WHAT I WOULD RECOMMEND YOU DOING IS GETTING YOUR PLAN UPDATED TO MEET, YOU KNOW, TALK TO YOUR ENGINEER, GET, GET SOMETHING YOU'RE HAPPY WITH AND GET IT IN FRONT OF DENVER HEIGHTS. OKAY. SOUNDS GOOD. ALRIGHT, WE'LL DO, AND SO HOW ABOUT A MONTH CONTINUANCE TO CONTINUE THIS FOR OCTOBER 7TH? WHAT'S THE DATE? OCTOBER 7TH WOULD BE ONE MONTH. OCTOBER 7TH. THAT DOESN'T GIVE YOU A LOT OF TIME. YOU GOTTA GET IN FRONT OF THEM. YEAH, NO, NO, WE'LL DO THAT. IS THAT ENOUGH? IS THAT ENOUGH TIME? I'M, I'M WELL, I'M, I'M HOPING, UH, AS SOON AS I GET A HOLD OF THEM, I'LL BE ABLE TO FIGURE OUT IF I'M ABLE TO GET A, GET IN FRONT OF DENVER HEIGHTS. OKAY. OKAY. I'M SURE THERE'LL RES I'M SURE THERE'LL BE A, I'M SURE THERE'LL BE A, A CONSCIOUS OF TIME KNOWING THAT, YOU KNOW, 30 DAYS SEEMS LIKE A LOT, BUT YOU KNOW, FOR A GROUP THAT ONLY THEY DON'T MEET EVERY DAY. EVERY DAY. YEAH. OKAY. OR MAYBE I COULD TALK TO, I DON'T, MAYBE I COULD FIND A WAY TO, SO WE HAVE A MOTION TO OCTOBER 7TH. WHO MADE IT? I DO. COMMISSIONER BARTON. IS THERE A SECOND? SECOND. SECOND. SECOND BY COMMISSIONER CRUZ. ALL IN FAVOR SAY AYE. AYE. AYE. AYE. ANY OPPOSED? HEARING NONE. SO YOU HAVE, WE'LL SEE YOU BACK ON THE SEVENTH. ON THE SEVENTH AND, UM, LET'S GET SOME ADDITIONAL DOCUMENTATION. OKAY. SOUNDS GOOD. I APPRECIATE YOU. THANK YOU. MM-HMM? ? YES MA'AM. ITEM 12. OKAY. I CAN EMAIL YOU NOW. YES. OKAY. OKAY. AGENDA ITEM 12 IS BO OA 24 1 0 3 0 0 1 6 2. ADDRESS IS 2 54 EAST SUMMIT AVENUE COUNCIL DISTRICT ONE APPLICANT IS LAURA BUSILLO. A REQUEST FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE ONE INCH FROM THE SIDE. SETBACK AND ZONING IS R FIVE. [03:30:01] PROPERTY IS LOCATED AT EAST SUMMIT AVENUE WEST OF 2 81 NORTH OF EAST MULBERRY. THE APPLICANT IS PROPOSING A CARPORT WHERE THEY REDUCED REDUCED SIDE SETBACK. THE PROPERTY IS LOCATED WITHIN THE MONTE VISTA HISTORIC DISTRICT. IN THE EXTERIOR MODIFICATIONS OR NEW CONSTRUCTION WILL REQUIRE APPROVAL FROM THE OFFICE OF HISTORIC PRESERVATION. APPROVAL OF A SITE PLAN OR MATERIAL SUBMITTED AS PART OF THE VARIANCE APPLICATION, DOES NOT SUPERSEDE ANY REQUIREMENTS PER DESIGN REVIEW OUTLINED IN ARTICLE SIX OF THE UDC UH, DATE, THE APPLICANT HAS RECEIVED A COMMISSION ACTION LETTER FROM HDRC AND MAY RECEIVE THE CERTIFICATE OF APPROPRIATENESS ONCE THE APPLICANT HAS SATISFIED THE HDRC STIPULATION FOR THE WOOD OR WOOD CLAD FRAMING. THIS IS THE SITE, THIS IS YOUR SITE PLAN. THIS IS THE SUBJECT PROPERTY, SUBJECT PROPERTY OF THE DRIVEWAY. AND THIS IS THE FENCE ON THE SIDE OF THE SUBJECT PROPERTY. JUST AN ADDITIONAL PICTURE OF WHERE THE CARPORT WILL BE AND YOUR SURROUNDING AREA. STAFF RECOMMENDATION CARPORT, SITE SETBACK VARIANCE STAFF RECOMMENDS DENIAL. AND BO 8 24 1 0 3 0 0 1 6 2. BASED ON OUR FOLLOWING FINDINGS, WATER RUNOFF CAN SIGNIFICANTLY ALTER THE USE OF RESIDENTIAL HOME ABUTTING THE SUBJECT PROPERTY. AND TWO, WILL THE USE OF ADJACENT CONFORMING PROPERTIES. THIS IS A NOTIFICATION PLAN. STAFF MAILED OUT 15 NOTICES. ZERO IN FAVOR, WHEN IN OPPOSITION AND MONTE VISTA HISTORICAL NEIGHBOR ASSOCIATION DID NOT RESPOND. AND THIS IS THE, UH, OPPOSITION. CAN WE SCROLL IN ON THAT AT ALL GUYS OR MAKE IT BIGGER FOR THEM? THANK YOU. OKAY. AND THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. AND OUTTA CURIOSITY, IS THERE AN ACCESSORY STRUCTURE IN THE BACK CORNER THAT'S IN, THAT'S ENCROACHING IN THE FIVE FOOT STAFF ACT? I DON'T BELIEVE SO, BUT I'LL CHECK AGAIN FOR YOU JUST TO VERIFY. OKAY. AND, UM, THERE'S A PRESENTATION SAID THE APPLICANT CAN COME FORWARD. HOW YOU DOING? PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. HI, I'M DON MCDONALD. I'M A NEIGHBOR AND AN ARCHITECT. UH, WE'VE BEEN WORKING WITH THE MONTE VISTA, UH, DESIGN REVIEW COMMISSION AND THE SAN ANTONIO HISTORIC DESIGN REVIEW COMMISSION ON THIS FOR A WHILE. OKAY. AND, UM, IT, ON THE SURFACE IT LOOKS LIKE WE'VE GOT, IT'S A LARGE PROPERTY, IT LOOKS LIKE WE GOT A LOT OF OPTIONS, BUT, BUT ON THE LEFT SIDE OF THIS, WE'VE GOT SOME, SOME A ADJACENT YARD SPACE. WE REALLY DON'T HAVE ANY. UM, WE'VE GOT ABOUT SIX FOOT OF GRADE CHANGE AND WE'VE GOT TWO LARGE HERITAGE JOKES ON THAT SIDE. SO TO GET AN A, A COVERED ACCESSIBLE, UH, PARKING AREA, WE JUST CAN'T MAKE IT WORK ON THAT SIDE. AND SO WHAT WE'VE DONE IS, IS CREATE KIND OF A CARPORT THAT ABUTS A STONE WALL, A SIX FOOT STONE WALL, WHICH YOU CAN SEE ON THE RIGHT, SIX OR SEVEN I THINK THAT YOU'D SEE ON THE RIGHT SIDE OF THE STRUCTURE THAT ALLOWS FOR THE COVERED PARKING AND, AND TO ACCOMMODATE THE HISTORIC CONCERNS. AND, AND THEN THERE'S ALL KIND OF QUIRKY THINGS LIKE THIS ALL OVER THIS NEIGHBORHOOD. UM, WE, WE'VE PUT A PERGOLA THAT PROJECTS IN FRONT OF THE HOUSE THAT CREATES SORT OF A, A, A VINE COVERED PART OF THE STRUCTURE YOU CAN FLIP THROUGH. OH, ARE THERE'S SOME MORE? SO, SO, YEAH, SO HERE'S THE STREET. YOU SEE THE LARGE OAK TREE HERE, THE LARGE OAK TREE IN THE BACK. UM, THIS IS ACTUALLY THE, THE AREA THAT'S GOING TO BE COVERED. YOU CAN SEE THE DOORS THAT GO DIRECTLY INTO THE UTILITY ROOM AND KITCHEN AT THIS LOCATION. THIS IS THE, THE BACK OF THE, OF THE HOUSE, YOU CAN SEE WHERE, WELL SORT OF WHERE IT DROPS OFF ON THE RIGHT, UH, DOWN TO THAT KIND OF RAVINE. THIS IS THAT SIDE OF THE HOUSE WITH A RAVINE ON IT. AND UH, I THOUGHT THERE WAS SOME SKETCHES WITH THE VINES ON IT. BUT, BUT, BUT WHAT WE'VE COME UP WITH, AND I NOTICED THAT THEY WERE CONCERNED ABOUT WATER. UH, THIS SHED WE'RE PROPOSING DRAINS TOWARDS THE STREET. AND I DON'T KNOW IF THERE'S A, UH, SECTION IN HERE OR NOT. IS THERE A SECTION? IT DRAINS TOWARDS THE STREET AND, AND THERE'S A GUTTER ACROSS THE FRONT. SO ALL THE WATER RUNS TOWARDS, UH, DOWN THE DRYWALL. LIKE IT ALWAYS HAS. HISTORICALLY NOTHING RUNS OFF TO THE SIDE. AND, UH, AND THERE'S ABOUT 20 FEET IS THEY, IS THAT LABELED? THERE'S ABOUT 20 FEET, MAYBE A LITTLE MORE TO THE RIGHT, TO THE NEXT HOUSE ON THE RIGHT HAND SIDE. SO THERE'S PLENTY OF, OF, UM, THERE'S [03:35:01] NO CONCERNS ABOUT, UH, FIRE SETBACKS OR ANYTHING LIKE THAT. SO ANYWAY, IT'S SOMETHING THAT WE'VE HAD A LOT OF DISCUSSION WITH THE NEIGHBORHOOD AND, UH, HISTORIC AND, AND SO I THINK IT'S JUST OUR, OUR OUR BEST ALTERNATIVE GIVEN ALL THE OPTIONS WE'VE GOT HERE. OKAY. UM, IS YOUR CARPORT ATTEMPTING TO SERVE TWO? OH, THERE WE GO. THERE'S A GOOD PICTURE. TWO VEHICLES SIDE BY SIDE. YES. OKAY. AND WHAT IS, AND YOU'RE ASKING TO BE AS CLOSE AS ONE INCH. IS THERE, IS THERE ANY WIGGLE ROOM ON THAT? WELL, IT, IT, HOW, WHAT IS THE OVERALL WIDTH? IT LOOKS LIKE IT WAS NINE. I THOUGHT I SAW IT. 19, 19 FEET. IT'S, IT'S, IT, IT JUST GETS TWO CARS IN. AND SO THE, THERE ARE, THERE'S A COLUMN. EVEN THE OVERALL WIDTH IS KIND OF A CHALLENGE. IS THIS THE, IS THIS THE DRAWING? YEAH, IF YOU HAVE 19.8, UH, TO THE WALK, TO THE, I MEAN WE'D LIKE TO HAVE 20 IDEALLY, BUT, BUT THERE'S 19 EIGHT TO GET THE CARD DOOR OPEN, GET AROUND IT AND GET ACCESSIBILITY ALL THE WAY BACK TO THE BACK. YOU CAN SEE THE OVERALL, AND THERE'S KIND OF A SKETCH OF HOW THIS WILL LOOK WHEN IT'S FINISHED. YOU CAN SEE KIND OF THE GREEN VINE ACROSS THE FRONT. WHAT, WHAT IS THE TARGET? UH, SIZE. SO IT WOULD BE THE WIDTH OF 19. IT IT, THIS OBVIOUSLY LEAVES ABOUT NINE FEET AT EACH CAR BAY. YOU CAN SEE IT RIGHT THERE. YOU'D SEE WHEN WE WERE LOOKING AT THE TWO OPTIONS WHERE WE COULD, IF WE WERE TO CUT IT BACK THERE, THERE IS AN OPTION AND, AND WE, THIS IS SOMETHING THAT WE'VE WRESTLED WITH, WITH THE NEIGHBORS, BUT IN ORDER TO MAKE THAT WORK FROM AN ACCESSIBILITY STANDPOINT, THAT CAR ON THE RIGHT WOULD HAVE TO BACK IN MANNA COMMISSIONER MANNA. SO THIS IS WHERE WE'VE LANDED ON THAT SCENARIO. O OKAY. SO YEAH, I WAS TRYING TO FIGURE OUT THE DIFFERENT, OKAY, SO, SO THIS, THIS IS THE SOLUTION. I THINK THIS IS, THESE ARE SOME OF THE SKETCHES THAT WE HAVE. SO, 'CAUSE WE'RE NOT AN INITIAL PACKAGE. AND, AND SO IN THE PAST WHEN WE'VE HAD DIALOGUE, UM, DEPENDING ON HOW THE DISTANCES FROM THE SIDE OR FROM THE FRONT OF THE PROPERTY, I'M GONNA USE THE FRONT ONE. 'CAUSE THAT'S WHAT WE GENERALLY TALK ABOUT, UM, TO THE POST, UM, WITH OVERHANG. SO THAT KIND OF DETERMINES SOME OF THE DIALOGUE. AND I ASSUME THE SAME THING KIND OF APPLIES FOR SIDE PROPERTIES. AND SO, SO THE ONE PICTURE SHOWED A POST KIND OF IN THE CENTER WITH, WITH THE PERLA TYPE STRUCTURE HANGING OVER GOING AND POTENTIALLY COVERING THE WHOLE CAR. AND SO IT'S, IT'S BECOMES, YOU KNOW, FULCRUMS AND MATH AND THINGS LIKE THAT. MM-HMM. . AND FROM, IF THAT WAS GONNA BE DONE THEN I DON'T THINK YOU NEED TO BE HERE AT ALL. IF I UNDERSTOOD CORRECTLY, IF IT, WELL, IF THE POST WAS, IF THE POST WAS, UM, WITHIN THE FIVE, YOU KNOW, PAST THE FIVE FEET, YES. YOU COULD EXTEND TWO FOOT INTO THE FIVE FOOT SIDE WITH A THREE, LEAVING IT AT THREE. BUT IF YOU'RE TRYING TO PUT A POST IN THE MIDDLE, YOU'RE TALKING ABOUT A CANNED OR LEVERING OVER A HIGH. EXACTLY. RIGHT. EXACTLY. AND, AND, AND STILL WE'RE ABUTTING, WE'RE WITHIN FIVE FEET OF THAT STONE WALL THAT YOU SEE AT THE BOTTOM ON THE RIGHT HAND SIDE. SO, SO, SO GOING DOWN THE PATH THEN, SO IF YOU'RE GOING TO PUT A POLE CLOSER TO THE FENCE, UM, SO, SO YOU'D MENTIONED THAT YOU WERE WORKING WITH, UH, THE, THE MONTE VISTA, UM, UM, NEIGHBORHOOD ASSOCIATION, I THINK, IF I UNDERSTOOD CORRECTLY. RIGHT. AND SO WHAT IS THEIR PERSPECTIVE? THAT SCHEME WAS TOO QUIRKY. IT GOT TOO ODD. AND FROM A HISTORICAL STANDPOINT, THEY LIKE THAT OF IT READING AS A PERGOLA WHERE THERE'S A SERIES OF POSTS AND THAT, I THINK THAT WAS A RESPONSE FROM SAN ANTONIO AS WELL, WHERE THEY PREFER NOT TO HAVE A STEEL STRUCTURE, BUT THEY'D RATHER IT BE WOOD AND, AND THAT, THAT'S WHY WE HAVE TWO POSTS INSTEAD OF ONE LONG SPAN ALL THE WAY ACROSS THERE AS WELL. IF THAT MAKES SENSE. SO MONTE VISTA HASN'T, HASN'T GIVEN YOU AN APPROVAL AS OF YET? THEY'RE WAITING FOR HISTORIC NO, THEY BOTH HAVE GIVEN US APPROVAL. OKAY. BUT, BUT HISTORICS APPROVAL IS TO HAVE A POST NEAR THE WALL. I JUST SAW THAT IT WAS CONDITIONED ON THE WOOD CLOUD JUST LIKE MONTE VISTA HAD ASKED FOR. YEAH. SO, SO, SO, SO WE'RE, YOU KNOW, WORKING WITH EVERYONE TO COMPLY WITH THAT. AND YOU CAN SEE THAT PROJECTING, UM, I GUESS SOFFIT IN THE FRONT WHERE THAT VINE IS ON THAT TOP IMAGE THAT THAT REPLICATES A PROJECTING BALCONY ON THE HOUSE NEXT DOOR. SO THERE'S A LOT OF RESPONSE TO THE EXISTING NEIGHBORHOOD. SO MONTE VISTA WAS OKAY WITH THE POST BEING CLOSER TO THE FENCE JUST AS LONG EVERY, AS ALL THE STRUCTURES WERE WOOD AND AS ALSO, UH, CONSISTENT WITH WHAT THE CITY OR THE HISTORIC DISTRICT WAS SAYING AS WELL, CORRECT? YES. OKAY. OKAY. AND DID THIS, DOES THIS HAVE, WELL, I GUESS YOU DON'T NEED GUTTERS ON IT THEN , BECAUSE IT'S RIGHT, RIGHT. IT, IT DRAINS WELL, THE, THE, THE, THE PART OF IT WHERE THERE IS A ROOF ON THE FRONT, IT DRAINS TOWARDS THE DRIVEWAY, NOT TOWARDS THE SIDE. OKAY. SO THE WHOLE THING HAS A SLIGHT SHED TOWARDS THE STREET. OKAY. UM, IS THERE ANY OTHER QUESTIONS? IS THERE ANYONE TIME TO SPEAK? ANY PUBLIC COMMENTARY, VOICEMAILS? NO PUBLIC COMMENT. ALRIGHT. UM, IF THERE'S ANYTHING YOU'D LIKE TO ADD BEFORE WE DELIBERATE? UH, UH, THAT'S ABOUT IT. I THINK IT'S JUST YOU, YOU, IT, IT'S, AGAIN, IT, IT'S LIKE A LOT OF PLACES IN THIS NEIGHBORHOOD. I MEAN IT'S, IT'S, THESE LITTLE SPACES CREATE CHALLENGING CONDITIONS AND, AND I THINK WE'RE [03:40:01] DOING EVERYTHING WE CAN TO ACCOMMODATE THE NEIGHBORHOOD AND THAT ACCESSORY BUILDING IN THE BACK CORNER, UH, NEAR THE POOL. THERE'S NO CONCERN WITH THAT. IS THAT A NONCONFORMING USE? BECAUSE IT'S SHOWN TO BE LIKE TWO AND A HALF, TWO FEET SOME ODD FROM THE SIDE PROPERTY LINE. THAT'S JUST THE WHOLE NEIGHBORHOOD . OKAY. I JUST WANTED TO SEE IF YOU WANTED TO SOMEHOW MAKE THIS INCLUDED. NO, NO. I MEAN IT'S JUST THERE, THERE'S NOT A HOUSE ON THIS BLOCK THAT, THAT, THAT HAS A NOT, THERE'S ALWAYS SOMETHING NONCONFORMING ON THESE HOUSES. OKAY. AND SO WE'RE JUST TRYING TO PLAY BY THE RULES. SO I'M LOOKING FOR A MOTION THEN. COMMISSIONER AMANDA. SO THIS ONE REGARDING CASE NUMBER BO A 2 4 1 0 3 0 0 1 6 2, I MOVE TO THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE ONE INCHES FROM THE SIDE SETBACK SITUATED AT 2 5 4 EAST SUMMIT AVENUE. APPLICANT BEING, UH, LAURA BUSILLO BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOW THAT THE PHYSICAL CHARACTERS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE OF THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY MINIMUM SIDE SETBACK REQUIREMENTS AS THEY ENSURE THE CARPORT IS POSITIONED A SAFE AND SUITABLE DISTANCE FROM PROPERTY LINES. STAFF FINDS THAT ONE INCH SIDE SETBACK IS CONTRARY TO THE PUBLIC INTEREST. UM, THAT'S NOT, THAT'S NO STAFF FINDS, OR I GUESS OUR BOARD FINDS THAT THE ONE INCH SIDE SETBACK IS NOT CONTRARY TO THE PUBLIC INTEREST. THE DISTANCE WILL CREATE A SAFETY ISSUE IF THE BUDDING PROPERTY, THAT SENTENCE AS, UH, OKAY, I'M ACTUALLY GONNA STRIKE THAT SENTENCE HERE. SO, UH, BECAUSE OF THE DESIGN, UH, THE PERGOLAS, SO IT WON'T BE CREATING ANY WATER RUNOFF. UH, TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE AS APPLIED WOULD REQUIRE THE APPLICANT TO ABIDE BY THE FIVE FOOT SIDE SETBACK REGULATIONS, WHICH WOULD RESULT IN UNNECESSARY HARDSHIP AS A CARPORT WIDTH WOULD ONLY ALLOW ONE VEHICLE WITH LIMITED COVERAGE. 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 EXACT LETTER OF THE LAW. REDUCING THE SIDE SETBACK REQUIREMENT WOULD NOT, WOULD NOT ENCROACH NEIGHBORING PROPERTIES AS THE ADJACENT STRUCTURE IS BUILT BEYOND THE REQUIRED SIDE SETBACK. LET'S SEE. I'LL GO THROUGH THIS. UM, THE VARIANCE WOULD NOT AUTHORIZE FOR THE VARIANCE, WOULD NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THIS VARIANCE WAS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THOSE VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, WHICH IS PROPERTY IS LOCATED. THE SIDE SETBACK WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY. SIX, APPLY TO THE, UM, OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING IN THE PROPERTY. UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT THE RESULT OF GENERAL CONDITIONS IN WHICH THIS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, AS IS THE SIDE'S CARD PORT SETBACK WILL ALLOW SPACE FOR MULTIPLE VEHICLES. AND A MOTION IS THERE A SECOND? SECOND. SECOND BY COMMISSIONER BENAVIDEZ. COMMISSIONER MANIF. SO, UM, UM, YEAH, I'LL, I'LL BE VOTING IN FAVOR OF THIS FOR A COUPLE REASONS. UM, SO ONE, YOU KNOW, AT, UM, WHEN IT IS THAT, UH, THE OWNER IS WORKING OR THE OWNER AND, UM, THE ASSISTANT HERE IS, IS WORKING WITH THE, UH, HISTORICAL OR NEIGHBORHOOD ASSOCIATIONS. SO THAT'S GREAT. UH, WE HAVE MONTE VISTA BASICALLY APPROVING THIS AS WELL AS A HISTORIC SOCIETY. SO I THINK, UM, YOU KNOW, BEING COMPLIANT WITH THAT, UM, YOU KNOW, THAT MAKES ME VERY HAPPY. UM, IT ALSO LOOKED BEAUTIFUL AND SO I ACTUALLY LIKED IT A LOT. AND SO, SO, UM, I THINK THAT IT IS A NICE ADDITION, YOU KNOW, AND, AND LOOKS APPROPRIATE FOR WHAT I'VE SEEN IN THAT COMMUNITY IN THE PAST AS I DRIVE THROUGH IT. SO I'LL BE VOTING IN FAVOR. ALL RIGHT, THANK YOU. COMMISSIONER BENAVIDEZ. I CONCUR WITH MY COLLEAGUE. I, UM, IT'S, IT'S HELPFUL THAT YOU HAVE THE MONTE VISTA AND THE HISTORIC SOCIETY BEHIND YOU, UM, APPROVING YOUR PLAN. SO I WILL BE IN FAVOR OF THE MOTION. ANY OTHER COMMISSIONS LIKE TO ADD DEAN, COMMISSIONER, DEAN, AND THE NOTIFICATION PLAN? WAS THERE A OPPOSITION? WE HAD ONE IN OPPOSITION, UH, A FEW HOUSES DOWN ACROSS THE STREET. OKAY, I JUST WANTED TO VERIFY THAT. OKAY. THANK YOU. OH, NO PROBLEM. COMMISSIONER BARTON? UH, YEAH, ONCE AGAIN, TO MAKE IT EASY FOR THE STAFF TO UH, WRITE THE MINUTES CORRECTLY, I WOULD ASK YOU TO RESTATE THE FINDING UNDER PARAGRAPH ONE SINCE THE STAFF DRAFT APPEARS TO BE THE OPPOSITE OF WHAT WAS INTENDED. CERTAINLY. THANK YOU VERY MUCH. UM, SO ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE [03:45:01] HEALTH, THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY MINIMUM SIDE SETBACK REQUIREMENTS AS THEY ENSURE THE CARPORT IS POSITIONED AND SAFE AND A SUITABLE DISTANCE FROM THE PROPERTY LINE. OKAY. ALRIGHT. IF THERE'S NO, NOTHING ELSE, LET'S HAVE RULE. IS THERE A AMENDMENT? NO, THE, THE MAKER IS JUST, UH, BECAUSE IT'S NOT PART OF THE MOTION, IT'S PART OF HIS FINDINGS. HE'S, HE'S JUST UPDATING WHAT HE, CAN I OFFER AN AMENDMENT? SURE CAN. I'M, I WOULD LIKE IT TO BE, UH, A FOOT OFF. OKAY. UH, SO THAT'S A, WE HAVE A FRIENDLY AMENDMENT TO, UH, THE MAKER. DO YOU ACCEPT? SO, SO, UM, SO THE, AND A MOTION'S BEEN MADE TO AMEND IT SO THAT IT'D BE A FOOT OFF THE LINE OF THE, OF THE FENCE LINE. AND SO, UM, SO ESSENTIALLY I REQUIRE THAT THE POST AND THE, UM, I GUESS AND THE AWNING, UH, OR THE, UH, PERGOLA PORTION OF IT BE A FOOT AWAY FROM THE FENCE. AND I GUESS I'D ASK DOES THAT IMPACT, UM, YOU KNOW, THE USAGE OF THAT, UH, PER, WELL, IT, IT, IT, IT NETS THE, THE GARAGE OUT AT 17 FEET. IF, IF WE SET, IF WE HAVE 19 EIGHT AND, AND WE ASSUME SIX INCHES FOR THE POST ON EACH SIDE AND THEN A FOOT FOR, FOR THE OFFSET. AND THAT, THAT IT REALLY MAKES IT A CHALLENGE TO GET TWO VEHICLES IN HERE. IT ESSENTIALLY MAKES IT A ONE CAR GARAGE, AT WHICH POINT IT'S BORDERLINE, EVEN IF IT'S WORTH DOING. OKAY. SO YOU CAN, YOU DON'T HAVE TO ACCEPT THE FRIENDLY AMENDMENT. SO, SO GOING BACK TO MY COLLEAGUE THERE. SO, SO HEARING THAT, SO, SO THE, THE APPLICANT SAID THAT IT NO LONGER MAKES IT A TWO CAR WIDTH AND SO, SO DO YOU STILL WISH TO SUBMIT IT? 'CAUSE YEAH, I'M GONNA HOLD WITH THE ONE FOOT. OKAY. SO WE'RE GONNA MOVE THIS TO A FORMAL AMENDMENT. IS THERE A SECOND TO THE FORMAL AMENDMENT? I'LL, I'LL AGREE WITH, WITH MR. DEAN. OKAY, SO WE HAVE, LET ME GET THIS. SO THERE'S, THERE'S BEEN A, UH, AMENDMENT TO THE MOTION ON THE TABLE TO RE TO CHANGE THE SETBACK FROM ONE INCH TO ONE FOOT. UH, THAT WAS MADE BY DEAN, SECONDED BY CRUZ. UM, ANY DISCUSSION? ADDITIONAL DISCUSSION BY ANY COMMISSIONER? ALRIGHT, LET'S HAVE A ROLL CALL VOTE ON THE FORMAL AMENDMENT. AND THIS IS ONLY NEEDS A, A, UH, UM, MAJORITY VOTE CLARIFICATION? YES. WHAT ARE, SO UH, SO WHAT HAPPENED WAS, UM, COMMISSIONER DEAN IS HIS MOTION TO AMEND THE MOTION ON THE TABLE. SO VOTING ON HIS AMENDMENT, ON HIS AMENDMENT ONLY TO GO TO, UH, FROM A ONE INCH TO A FOOT OFF. ALL RIGHT, LET'S HAVE A ROLL CALL. VOTE PLEASE IF YOU VOTE YES, YOU'RE VOTING FOR THE AMENDMENT FOR THE FOOT. OKAY. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER BARRINGTON? NO. COMMISSIONER IBANEZ? I DO NOT CONCUR. COMMISSIONER MANNA? I DO NOT CONCUR. COMMISSIONER BRAGMAN? NO. COMMISSIONER BENAVIDEZ? I DO NOT CONCUR. COMMISSIONER OZUNA? I DO NOT CONCUR. COMMISSIONER VASQUEZ? I DO NOT CONCUR. COMMISSIONER EZ? I DO NOT CONCUR. CHAIR ORIAN AND I DO NOT CONCUR. SO THE AMENDMENT FAILS. UH, TWO TO NINE. UH, WE HAVE OUR MOTION BACK ON THE TABLE DOWN TO A ONE INCH VARIANCE. UH, IS THERE ANY OTHER AMENDMENTS ANYONE WOULD LIKE TO REQUEST? ALRIGHT, LET'S HAVE A A ROLL CALL. VOTE ON THE MOTION ON THE TABLE FOR A VARIANCE DOWN TO ONE INCH ON THE SIDE FOR THE CARPORT. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ? I CONCUR. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER CRUZ? I DO NOT CONCUR. COMMISSIONER BREGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER OZUNA? I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER EZ I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 92. UH, IF YOU HAVE ANY QUESTIONS, UM, YOU CAN GET WITH STAFF. SURE. THANK YOU. THANK YOU. ITEM NUMBER 13. TWO MORE TO GO. ITEM [03:50:01] NUMBER 13 IS BO O 8 24 1 0 3 0 0 1 6 3. ADDRESS IS 3 23 RIDGE HAVEN PLACE COUNCIL DISTRICT 10. APPLICANT IS NEAR DEAN KALO. A REQUEST FOR A THREE FOOT FOUR INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE ONE INCH, ONE FOOT EIGHT INCH FROM THE SIDE PROPERTY LINE. AND TWO, UH, EIGHT FOOT VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A DETACHED CARPORT TO BE TWO FEET FROM THE FRONT PROPERTY LINE ZONING IS NP EIGHT. THE SUBJECT PROPERTY IS LOCATED BETWEEN THE INTERSECTIONS OF KENILWORTH BOULEVARD AND GREENWICH BOULEVARD AND THE OAK PARK NORTHWOOD RESIDENTIAL AREA. THE DETACHED CARPORT WAS, WOULD PROVIDE COVERED PARKING FOR TWO VEHICLES. THE PROPERTY OWNER BEGAN BUILDING THE DETACHED CARPORT WITHOUT A PERMIT, BUT WAS STOPPED AND CITED BY COE COMPLIANCE. THE NP EIGHT IS A SPECIAL ZONING DISTRICT, WHICH REQUIRES AN INCREASED FRONT SETBACK FOR THE PRINCIPAL STRUCTURE. HOWEVER, SINCE THE CARPORT IS NOT ATTACHED TO THE PRINCIPAL STRUCTURE, IT ONLY REQUIRES THE STANDARD 10 FOOT CARPORT. FRONT SETBACK. THIS IS YOUR SITE PLAN AND THIS IS YOUR SUBJECT PROPERTY. THIS IS ANOTHER, UH, PICTURE OF THE CARPORT. CARPORT AND THIS IS YOUR FRONT SETBACK. AND THIS IS SHOWING THE CARPORT DETACHED FROM THE MAIN STRUCTURE AND YOUR SURROUNDING AREA. STAFF RECOMMENDATION CARPORT, FRONT AND SIDE SETBACK VARIANCES. STAFF RECOMMENDS DENIAL AND BO O 8 24 1 0 3 0 0 1 6 3 BASED ON THE FOLLOWING FINDINGS, THE PROPOSED VARIANCES ARE CONTRARY TO THE PUBLIC INTEREST AND WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND THE REDUCED SETBACK CAN ENJOY APPROPRIATE CONFIRMING USE OF ADJACENT PROPERTIES AS DAMAGE CAN CAUSE TO THE NEIGHBORING YARD. AND REDUCE FRONT SETBACK WILL BE INTRODUCED INTO THE AREA NOTIFICATION PLAN. STAFF. NO DOUBT. 30 NOTICES. 22 RECEIVED IN FAVOR. 23 OUTSIDE IN FAVOR OUTSIDE OF 200 FEET. ONE IN OPPOSITION IN OAK PARK. NORTHWOOD NEIGHBORHOOD ASSOCIATION IS IN FAVOR. DAMN. AND THESE ARE SOME OF THE RECEIVED NOTICES. AND THIS IS THE LETTER FROM THE ASSOCIATION. I GONNA BRING UP THE OTHER, UM, THERE'S A WHOLE PACKET I DIDN'T PUT IN THERE. IF YOU WANNA BRING MARK, SEE WHERE IT'S IN THE FOLDER. OKAY. I'M GONNA BRING UP ANOTHER, UH, WE HAD A SEPARATE PACKET 'CAUSE OF ALL THE ONES THAT RECEIVED, SO I'M GONNA GO JUST SHOW YOU GUYS THOSE THOSE WEREN'T, WERE NOT INCLUDED IN THE POWERPOINT 'CAUSE IT WAS TOO BIG OF A FILE TO PUT IN THERE. OKAY. I THINK WE GET THE POINT. OKAY. I JUST, I JUST WANTED TO MAKE SURE YOU SAW THAT. SO DID YOU, DID YOU HAVE THE ONE, UH, THAT EXPRESSED OPPOSITION AND MAYBE PERHAPS IT WAS ANY YEAH, IT WAS IN THE, UH, IT WAS IN THE POWERPOINT. WE CAN GO BACK TO IT. OKAY. . SORRY. SORRY ABOUT THAT. I JUST WANNA MAKE SURE YOU GUYS SAW THAT. UH, GO BACK. OH YEAH, IT'S IN THAT ONE RIGHT THERE. YES, IT'S THAT WAY. I THINK WE NEED TO MAKE IT A LITTLE BIGGER. [03:55:06] AND I BELIEVE THIS IS FROM THE NEIGHBOR NEXT DOOR. OKAY. UH, THIS, THIS MAKES MENTION TO THE CARPORT ON THE OPPOSITE END. IS THERE ANOTHER CARPORT REPORT? NO, NOT, NO. THERE'S ALSO , LIKE, IT LOOKS LIKE THEIR NEIGHBOR ON THE OTHER SIDE MIGHT HAVE A CARPORT THAT THEY'RE NOT HAPPY WITH AS WELL. I DON'T THINK THERE'S ONE ON THE OTHER. I THINK, I KNOW THERE WAS ONE DOWN THE STREET, BUT I DON'T THINK THERE WAS ONE NEXT DOOR. LET'S GO BACK TO THE PICTURES. PICTURES, YEAH. PHOTOGRAPHS ATTACHED TO THAT LETTER. OH YEAH. I SEE. THEY WEREN'T IN THERE. LET ME GET THOSE TOO. I DUNNO. OH YEAH. UH, MANNA COMMISSIONER MANNA. UM, THIS IS, UM, HAD OF ZONING OF THE, UM, N EIGHT OR WHATEVER IT WAS. CAN YOU GO INTO DETAILS OF, YOU KNOW, WHAT THAT IMPLIES? 'CAUSE IT, THEY'RE LARGE LOTS, UH, NEIGHBORHOOD PRESERVATION. SO THEY HAVE AN 8,000 SQUARE FOOT LOT MINIMUM. OKAY. AND THEN THERE WAS ADDITIONAL DIALOGUE WITH REGARDS TO DISTANCE FROM THE FRONT. I THOUGHT I HEARD OR FRONT YARD APARTMENT. YES. SO IT'S NOT, UM, THEY, BECAUSE IT'S NOT ATTACHED, UM, THEY CAN GO, UM, CLOSER TO THE SETBACK. AND SO, AND THE DEFINITION OF ATTACHED, SO IT LOOKS LIKE THERE WAS COMPONENTS ATTACHED TO THE, TO THE HOME. SO IT LOOKED ODD. SO IF YOU COULD SHOW THEM WHERE, WHERE WE'RE TALKING ABOUT, WHERE IT'S NOT QUITE ATTACHED. THERE'S A GAP IN THERE. A GAP. BUT IF A SIDE IS ATTACHED TO THE HOUSE, IS THAT STILL NOT, IT'S LIKE THE WHOLE, THAT'S IT. THAT CORNER THERE. IT'S LIKE, IT IS LIKE HOW WE LOOK AT THE RM FOUR, WHAT'S ATTACHED TO WHAT ISN'T. AND YOU CAN'T JUST PUT A LITTLE FIVE FOOT THING AND SAY IT'S ATTACHED IF A POLE, I MEAN, SO IT IT, BECAUSE THAT LOOKS ATTACHED TO ME. SO IT GIVES THE APPEARANCE OF BEING ATTACHED, BUT IT'S JUST OFF OF IT. AND THEN IT HAS THE GAP AND THE, UH, APPLICANT HAS BEEN NOTIFIED THAT THIS NEEDS TO BE DETACHED. THEY CONFIRMED IT WAS ATTACHED, AND THEY'RE AWARE THAT IT IS, IS ATTACHED. THIS CAN'T GO FORWARD AS IS. I'M SORRY, REPEAT WHAT YOU SAID. THE APPLICANT IS AWARE THAT IF THIS CARPORT IS ATTACHED, IT CANNOT GO FORWARD AS ADVERTISED TODAY. UM, BUT THEY MADE IT CLEAR TO US THAT IT WAS DETACHED AND WE HAVE A GOOD DEFINITION OF DETACHED AND WHAT THAT MEANS. SO, UH, I'M NOT ATTACHED THAT THAT'S SOMETHING THAT THEY'RE GONNA HAVE TO DO WITH THEIR PERMITS. WELL SEE THIS, THIS IS A WHOLE ISSUE, LIKE GOING BACK TO THE RM FOUR. YOU KNOW, I COULD ATTACH A ONE FOOT WIDE THING, BUT STAFF DOESN'T ACCEPT IT. WELL, SAME THING GOES HERE. THEY'RE NOT GONNA ACCEPT IT IF IT'S JUST THAT MUCH. SO, RIGHT. AND SO THAT'S THE RISK THEY'RE RUNNING. THEY'RE TELLING US THAT IT IS NOT ATTACHED. SO WE ARE GOING WITH THAT. UM, HOWEVER, IF WHEN IT GETS TO PLAN REVIEW, THEY FIND THAT IT IS, THEN IT WILL BE AN ISSUE. LIKELY THEY WILL HAVE TO DETACH IT. . OKAY. YEAH. 'CAUSE YOU KNOW, IF A CORNER OF THE STRUCTURE IS REQUIRING THE BUILDING FOR SUPPORT, THAT WOULD IMPLY THAT IT'S ATTACHED. SAME THING, FROM MY PERSPECTIVE, THAT'S BEEN MY WHOLE ARGUMENT ABOUT EVERYTHING THAT THE CITY USES TO DETERMINE WHAT'S ATTACHED OR WHAT ISN'T. WE HAVE A CAN LAB, IF I GO BACK TO, I GO BACK TO THE CITY'S EXPLANATION ON RM FOUR. IT EITHER IS OR IT ISN'T. AND THEY'VE ALWAYS SAID IT AIN'T ENOUGH. AND SO I'M USING, I'M, THIS IS FINE BY ME. OF COURSE, I'M JUST ONE VOTE . SO LET'S HAVE THE APPLICANT COME UP. [04:00:01] I GOT THOSE PICTURES AS PART OF THAT. UH, WHAT YOU WERE ASKING FOR FROM THE OPPOSITION FROM NEXT DOOR NEIGHBOR. YEAH, THAT'S THE OLD CARPORT. YEAH, GOOGLE MAP STREET VIEW SHOWS THAT, SO THAT'S WHAT IT USED TO LOOK LIKE. YOU ARE THE OLD CARPORT. LOOKS LIKE A CORRUGATED MEADOW WITH WATER. THAT WOULD BE FILTERING OFF TO THE NEIGHBOR'S LOT FROM WHAT I SAW. OKAY. AND A LOT CLOSER. COME ON. PLEASE STATE YOUR NAME, TELL US ABOUT YOUR PROJECT. HI, GOOD AFTERNOON, EVENING COMMISSIONERS, ASHLEY FAIRMONT, KIEN GRIFFIN, AND FAIRMONT. UH, WE ARE THE APPLICANTS IN THE CASE. I THINK IT, IT SAID SOMEONE WHO WORKS IN OUR OFFICE, BUT, UM, OUR FIRM IS THE APPLICANT. UH, AND HERE TODAY ON BEHALF OF JIM AND KIMBERLY KETTY, UH, THEY ARE THE OWNERS OF THE PROPERTY. AND I DO HAVE A, A PRESENTATION TO GIVE. THANK YOU. PERFECT. THANK YOU. OKAY, GREAT. SO, UM, SO AS WAS EXPLAINED TO YOU, I'LL, I'LL GO THROUGH THE PROPERTY PRETTY QUICKLY SINCE YOU'VE ALREADY SEEN IT, BUT 3 23 RIDGE HAVEN PLACE. UH, THAT'S JIM AND KIMBERLY'S HOME. THEY LIVED HERE FOR QUITE SOME TIME. UH, THEY DECIDED TO MAKE UPDATES TO THEIR HOME, AS YOU CAN SEE FROM THOSE PICTURES. AND I'LL, I'LL SHOW YOU MORE. UM, AND THIS REAL QUICK IS THE, UM, OAKWOOD NORTH PARK NEIGHBORHOOD ASSOCIATION, JUST KIND OF FOR PERSPECTIVE ON WHERE THE PROPERTY'S LOCATED. UM, BUT, BUT YOU SAW IN PICTURES FROM THE STAFF REPORT AS WELL. THIS IS THE HOME AND, AND THE IMPROVEMENTS THAT THEY HAVE MADE, UM, YOU KNOW, REDID THE FRONT OF THE HOME. THEY'RE REDOING THE LANDSCAPING ON THE FRONT AND THEN WANTED TO REPLACE THAT CARPORT TO MAKE FOR A MORE MODERN, UM, AND REALLY UPDATE THEIR HOME WITH A, A CUSTOM CARPORT. THAT'S NOT THE CARPORT YOU, YOU'VE SEEN AND YOU GUYS HAVE SEEN A LOT TODAY. SO, OH, WE THINK THIS ONE IS, IS PRETTY NICE. UM, HERE'S A PICTURE OF WHAT THE HOUSE USED TO LOOK LIKE. UH, THIS AGAIN, YOU SAW IN THE, IN THE PICTURES A MINUTE AGO. THIS IS FROM ABOUT TWO YEARS AGO. UM, AND AGAIN, THERE'S THAT CARPORT. AND SO THE, THE LANDSCAPING IN THE FRONT IS, IS BEING IMPROVED. CURRENTLY. THE FRONT OF THE HOME HAS ALREADY BEEN IMPROVED. UM, AND THEN ALSO YOU CAN SEE THE EXISTING DRIVEWAY. AND SO THE DRIVEWAY HAS REMAINED AND WILL REMAIN AS IS, UH, WITH THE CARPORT. SO THAT DRIVEWAY IS THERE. UH, THAT SIDEWALK IS ALSO CURRENTLY THERE, BUT THAT PORTION IN BETWEEN THE PAVEMENT IN BETWEEN HAS BEEN TAKEN OUT FOR ADDITIONAL LANDSCAPING AND IMPERVIOUS AREA. UH, SO WE ARE REQUESTING TWO VARIANCES. UH, WE TRIED TO BE AS SPECIFIC AS POSSIBLE WITH WHAT'S EXISTING. UH, SO THE THREE FOOT, FOUR INCH VARIANCE FROM THE FIVE FOOT SIDE SETBACK FOR THE CARPORT, AND THEN THE EIGHT FOOT VARIANCE FROM THE 10 FOOT FRONT SETBACK. AND JUST TO CLARIFY, THE STRUCTURE IS, UM, CUSTOM MADE AND IS NOT ATTACHED. SO IT LOOKS, IT'S VERY CLOSE. UM, BUT THE IDEA BEING, AND I'LL SHOW YOU THE SURVEY IN A SECOND. YOU CAN WALK FROM THE SIDEWALK AND GET UNDER THE CARPORT WHERE THE FRONT DOOR IS. UH, SO IT DOESN'T ATTACH TO THE STRUCTURE. IT'S CANTILEVERED. AND SO THERE'S NO, UH, NOTHING THAT NEEDS TO HOLD IT UP ON THAT SIDE. UH, SO HERE'S THE SURVEY THAT WE HAD PREPARED. UM, AND THIS IS WITH THE, THE NEW CARPORT. UH, AND SO WHAT YOU CAN SEE ON HERE IS THAT EXISTING DRIVEWAY, AGAIN, THAT'S NOT CHANGING IN THE EXISTING SIDEWALK, BUT THE REMOVAL OF THE PAVEMENT IN BETWEEN, UM, THOSE NEW POLES OR THE STRUCTURES THAT ARE ACTUALLY HOLDING UP THE CARPORT, UM, THOSE ARE IN LINE AND THAT'S WHAT IS PRETTY CLOSE TO THE PROPERTY LINE ON THE SIDE. UM, AND THAT IS ALSO IN LINE WITH AN EXISTING TREE, WHICH I'LL SHOW YOU PICTURES OF IN A SECOND. UM, AND THEN THE IDEA WITH THIS CARPORT IS THEY HAVE HAD HAIL DAMAGE. AGAIN, THEY WANTED TO UPDATE THE LOOK AND FEEL OF THE HOME, UM, BUT BE ABLE TO HAVE TWO CARS PARK UNDER THE CARPORT SO THEY CAN PARK IN TANDEM UNDER THIS NEW CARPORT, UM, AND ALSO BE ABLE TO OPEN THEIR DOORS AND GET OUT UNDER THE CARPORT WITHOUT BEING RAINED ON, OR, YOU KNOW, EXPOSED TO THE ELEMENTS. SO HERE IS THE, THE STRUCTURE, UM, WITH THAT TREE. AND SO WHAT THEY DID WAS THEY ACTUALLY BUILT IT AROUND THE TREE, UM, SO THAT IT WOULD BE PRESERVED, UM, AND THEN ALLOW FOR, UM, AGAIN, THE ADDITIONAL COVER ON THAT SIDE. THIS IS A VIEW FROM THE OTHER SIDE, AND YOU CAN SEE THAT. SO THE, WHAT THIS DOES TOO WITH THE CANTILEVER IS IT OPENS UP THE FRONT OF THE HOUSE, YOU KNOW, NO LONGER HAVE THOSE POLES ON THE, CALL IT THE RIGHT SIDE OF THIS PICTURE, UH, BECAUSE THAT WINDOW THAT YOU SEE THAT'S INTO THEIR LIVING ROOM, AND THEN THE FRONT DOOR IS ACTUALLY AROUND THE CORNER TO WHERE, WHERE THE WHITE CAR IS, OR BOTH WHITE CARS, UM, FINDINGS IS NECESSARY TO GRANT A VARIANCE. YOU ALL ARE VERY FAMILIAR WITH ALL OF THESE, SO I'LL, I'LL KEEP GOING. UM, BUT, YOU KNOW, WE DID WANNA POINT OUT THAT WE BELIEVE IT'S NOT CONTRARY TO THE PUBLIC INTEREST, UM, IN THE SPIRIT OF THE ORDINANCE IS OBSERVED. UH, THERE WAS, YOU GUYS HAVE SEEN A LOT OF CARPORTS TODAY. UM, I THINK THERE WAS ONE STAFF RECOMMENDATION OF APPROVAL ON THE CARPORTS. AND IN THAT ONE, UM, DID CITE UDC SECTION 35 5 16 G REGARDING CLEAR VISION. UM, THERE'S [04:05:01] NOT A CONCERN WITH THE CLEAR VISION HERE. UM, OB OBVIOUSLY THE CARS ARE GOING TO BE PARKED EXACTLY THE SAME WAY AS THEY WERE UNDER THE OLD CARPORT. AND THEN YOU CAN, YOU CAN SEE THROUGH THE CARPORT ALSO ON THAT FRONT SETBACK VARIANCE. SO WE'RE ASKING FOR THE EIGHT FOOT VARIANCE REQUEST, WHICH WOULD BRING IT DOWN TO TWO FEET BASICALLY. UM, BUT I DO WANNA POINT OUT THAT THERE'S AT LEAST 10 ADDITIONAL FEET, PROBABLY A LITTLE BIT MORE BETWEEN THAT FRONT SETBACK LINE AND THE ACTUAL ROAD. UM, SO THE CITY HAS ADDITIONAL RIGHT OF WAY IN THAT AREA. UM, SO YOU CAN, YOU CAN SEE IT HERE A LITTLE BIT ON THIS. THE RED LINE HERE WOULD BE THE, UH, PROPERTY LINE ON THIS EXHIBIT. UH, AND I DID WANNA POINT OUT TOO, UM, I SHOULD HAVE MENTIONED IT EARLIER, BUT THE HOUSE WAS CONSTRUCTED IN, IN THE 1950S. UM, AND SO, YOU KNOW, THESE IMPROVEMENTS ARE BEING MADE TO AN OLDER HOME. UM, THERE WERE GARAGE, THERE'S A SMALL GARAGE. I DON'T EVEN THINK YOU CAN FIT A CAR IN IT. UH, MOST OF THESE HOUSES HAD THEM AND A LOT OF THEM HAVE CONVERTED THEM TO ROOMS, AND THAT'S WHY THERE'S CARPORTS THAT ARE NEEDED. UH, AND THEN THE PREVIOUS CARPORT WAS CONSTRUCTED ABOUT 20 YEARS AGO. UH, THIS IS A VIEW OF THE HOUSE FROM 2004, SO YOU CAN SEE WHERE THE PREVIOUS CARPORT WAS. AND AGAIN, YOU'VE ALREADY SEEN THESE. UH, THEN DID ALSO WANNA POINT OUT THE TREE PRESERVATION. WE DO THINK THAT'S A UNIQUE FEATURE, UM, OF HOW THEY'RE ABLE TO PROTECT THE TREE HERE. AND THEN AGAIN, THE, THE STRUCTURE FROM THE FRONT, UM, CONSISTENT WITH CURRENT ZONING THROUGH THAT. UH, AND THEN REGARDING THE CHARACTER, WE DO THINK THAT IT'S IN CHARACTER WITH THE NEIGHBORHOOD. THERE ARE A LOT OF CARPORTS IN THIS AREA. UM, THEY ALL LOOK A LITTLE DIFFERENT, AND THERE'S SOME THAT ARE ALSO VERY CLOSE TO THE PROPERTY LINE. UH, WE THINK THAT THE, THE STYLE REALLY AND THE DESIGN OF THIS IS UNIQUE AND ONLY ADDS TO THE HOME. UM, SO WE HOPE, YOU KNOW, YOU WILL AGREE AND WE'LL APPROVE THE VARIANCE TO LET IT STAY AS IS. BUT HERE ARE SOME OF THE OTHERS. UM, JIM AND KIMBERLY HAVE, YOU KNOW, OUTREACH TO QUITE A FEW NEIGHBORS. UM, THE OAK PARK NORTHWOOD NEIGHBORHOOD ASSOCIATION DID WRITE US A LETTER OF SUPPORT FOR THEIR REQUEST. UM, JUST TO HIGHLIGHT, YOU KNOW, SOME OF WHAT THEY SAID, UM, THAT THEY DID, JUST TO READ IT, THE CARPORT BLENDS EFFORT LOOSELY INTO THE HOME AND DOES NOT DISTRACT OR DETRACT FROM THE STREETSCAPE ALONG RIDGE HAVEN PLACE. UH, NOR DOES IT IMPEDE ON ANY A ADJOINING PROPERTY PRIVACY OR CLEAR VISION. UM, SO WE HAVE THEIR SUPPORT AND THEN JIM AND KIMBERLY DID, UM, GET THE SUPPORT OF 45 NEIGHBORS FROM THE AREA AS WELL. OKAY. UM, SO AGAIN, THOSE ARE OUR VARIANCE REQUESTS FOR THE THREE FOOT, FOUR INCH VARIANCE FROM THE FIVE FOOT SETBACK, AND THEN THE EIGHT FOOT VARIANCE FROM THE 10 FOOT SETBACK. UH, WITH THAT, WE REQUEST YOUR APPROVAL. AND ALSO, UH, CHAIR, I UNDERSTAND THERE, THERE MAY BE OPPOSITION OR PEOPLE HERE TO SPEAK, SO I'D LIKE THE OPPORTUNITY MAYBE TO ADDRESS IT. OH, OKAY. UM, I, BEFORE YOU, I JUST HAVE ONE QUICK QUESTION. DOES THIS THING TILT TOWARDS, TOWARDS THE NEIGHBOR OR TOWARDS YOUR PROPERTY? SO IT'S FAIRLY FLAT, BUT IT, IT IS HAVE DOES HAVE A, I CAN GET BACK THERE. SORRY. KINDA SLOW. A SLIGHT TILT TOWARDS THE ADJOINING NEIGHBOR. YES. OKAY. AND HOW, AND OUT OF THE COMPLETE DEATH OF THE CARPORT, IT LOOKED LIKE YOU HAD A, A GAP FOR THE TREE. YES. HOW LONG IS THAT GAP? IS IT HALF OF THE LENGTH OF THE CARPORT? IS IT A THIRD FOR THE TREE? OH, IT'S PRETTY SMALL ACTUALLY. OKAY. UH, ONE PICTURE KIND OF MADE IT LOOK LIKE IT WAS PRETTY DARN. YEAH, IT LOOKED LONGER THAN LIKE, I DON'T KNOW HOW LONG THAT IS, BUT LOOKS MAYBE FOUR FEET. OKAY. WE DIDN'T SAY, I MEAN, I WOULD'VE IF YOU DIDN'T SAY FOUR FEET, I WAS, I THOUGHT IT WAS LIKE EIGHT OR NINE. OH, NO. THE ENTIRE CARPORT IS ABOUT 35 FEET LONG. OH, OKAY. SO THAT'S YOUR PERSPECTIVE. ALL RIGHT. THANK YOU VERY MUCH. SURE. UH, WHAT WE'RE GONNA DO IS, UM, UM, ST. STAFF, UM, VOICEMAILS FIRST, IF ANY VOICEMAILS, THERE'S NO PUBLIC COMMENT. ANYONE SIGN UP TO SPEAK? NO, SIR. OKAY. MATT, I WANNA MAKE SURE, 'CAUSE I'M, WE ONLY HAVE ONE MORE CASE LEFT THIS MORNING. BEEN ASKING. I JUST DOUBLE CHECKED. ARE Y'ALL HERE FOR THE LAST CASE? WE ARE. OKAY. FOR THIS CASE, FOR THIS CASE OR THIS CASE, DID YOU WANNA SAY TO SPEAK? THEY PROVIDE A STATEMENT. REALLY THE ONLY THING TO SAY, WE'LL, COME ON UP TO THE MICAH, TELL US YOUR NAME AND TELL US YOUR THOUGHTS. SURE, SURE. UH, MY NAME IS EMILY HAS, I'M THE ADJOINING NEIGHBOR. UH, IT IS A BEAUTIFUL STRUCTURE. THEY HAVE DONE AN INCREDIBLY BEAUTIFUL REMODEL. HOWEVER IT TOUCHES, IT'S ON MY PROPERTY LINE. I DON'T CREATE THE RULES OF PROPERTY LINE ADJOIN AND ALL THE, UM, VARIOUS CODE. SO THE ONLY, ONLY PROBLEM THAT WE HAVE IS HOW INCREDIBLY CLOSE TO OUR LOT LINE. I MEAN, IT'S, THEY HAD A, UM, STRUCTURE SIMILAR AS THEIR, UH, REPRESENTATIVES SPOKE ABOUT. MM-HMM. , EXACT SAME FORMATION OF PARKING, THAT THAT PICTURE POINTS THAT OUT. AND SO REALLY THAT'S OUR ONLY ISSUE. [04:10:01] IT IS BEAUTIFUL. I WOULD, IF IF THEY WERE ASKING JUST ABOUT BEAUTY, THEY ACED IT, BUT THAT IS NOT WHAT WE'RE, WE'RE IN OPPOSITION OF. IT JUST GOT MOVED OVER PROPERTY LINE WHEN IT WAS REPLACED. COME ON NOW. AND NOW IT DRAINS INTO OUR DARK. THAT'S, YEAH. WHICH IS, YEAH. STATE NAME AND TELL US. NO, THAT'S THE ONLY ISSUE. OKAY. SO, UH, THAT'S, THAT'S OUR ISSUE IS THAT WHEN THEY RECONSTRUCTED THE STRUCTURE, THEY JUST MOVED IT OVER, UM, CLOSER TO OUR PROPERTY LINE, AND NOW IT DRAINS INTO OUR YARD. SO WHAT, SO THE APPLICATION IS ASKING FOR A VARIANCE TO, FOR THE, FOR THE ENTIRE STRUCTURE. LIKE NO PART OF IT TO BE NO CLOSER THAN 20 INCHES TO THE PROPERTY LINE. ARE YOU SAYING IT'S CLOSER THAN THAT? WELL, THE CONCRETE FOOTINGS ARE, WELL, THE CONCRETE FOOTINGS WOULD BE, YEAH. THE CONCRETE FOOTINGS ARE THERE. AND, AND, AND PART OF THAT ISSUE IS THE AMOUNT OF TRESPASSING THAT HAS OCCURRED. AND WHAT I WAS TOLD WAS UNAVOIDABLE TO CONTINUE TO OCCUR FOR MAINTENANCE ON THE CARPORT IF THEY WERE, AND SO THERE'S, IT'S, IT'S MULTIFACETED. AND SO IF THE STRUCTURE WASN'T FOUR INCHES CONCRETE FOOTING OR UP TO 20 INCHES, THEN IT COULD BE SERVICED APPROPRIATELY FROM INSIDE THEIR PROPERTY LINE. BUT IT'S SERVICED FROM OUR YARD, AND NOW THE WATER DRAINS INTO OUR YARD. AND SO THAT'S THE REQUEST OF OPPOSITION. THIS COMPLETE ERECTION WAS SERVICED FROM OUR YARD MANNA COMMISSIONER MANNA. SO, SO, UM, SO, SO UNDERSTAND THAT POINT. MM MM-HMM. . SO, SO REGARDING AS FAR AS THE, THE, THE, I GUESS REQUIRING ACCESS TO YOUR YARD, UM, WITH REGARDS TO, UM, DRAINAGE. SO, UM, ONE OF THE THINGS THAT WE TALK ABOUT REGULARLY IS PUTTING IN SOME KIND OF MITIGATION, LIKE GUTTERS, YOU KNOW, ALONG THE LINE TO, YOU KNOW, HELP THE FLOW OF WATER. UM, AND SO, WHICH WE'RE, I MEAN, WE, SO, SO IF YOU THINK IF SOMETHING LIKE THAT IS ADDED, WE ARE IN FAVOR OF, HOWEVER, THEY DID JUST PUT NEW GUTTERS ON THEIR HOME, WHICH THEY REDIRECTED THE WATER INTO OUR BACKYARD. SO, SO, SO I'M GONNA ADDRESS, SO I CAN'T ADDRESS THAT ONE RIGHT NOW. YEAH, YEAH. NO, I'M JUST, I'M JUST SAYING WE'RE OPEN TO THE CONCEPT. AS LONG AS THE WATER, IT FLOWS THE STREETS OF THEIR PROPERTY OR TOWARDS THE STREET OR WHATEVER, AND ONTO OUR PROPERTY, AND WE'RE NOT IN OPPOSITION, THEY CAN PUT IT ON THE ROAD. I DON'T CARE. RIGHT. IT'S JUST CLOSE TO MY HOUSE. SO, SO, SO, SO YOU HAVE, SO, SO TWO OBJECTIONS IS ONE IS THE MAINTENANCE, AND SO HOW WE'RE GONNA DEAL WITH THAT. MM-HMM. AND THEN THE SECOND IS, IS THE WATER MOVEMENT COMING FROM THE STRUCTURE? MM-HMM. . AND IF THEY DEAL WITH THAT ONE, THEN WE'RE DEALING WITH JUST THE ONE LEFT, CORRECT? SURE. OKAY. SO, OKAY. THANK YOU. REASONABLY. ALL RIGHT. YEAH. YEAH. SO WE'LL HAVE THE APPLE. IT'S GOOD LOOKING, THERE'S NO DOUBT. LIKE WE'RE NOT, WE DON'T, YOU KNOW, WE'LL HAVE THE APPLICANT COME BACK UP, WE'LL SEE IF THERE'S ANY QUESTIONS. UH, SOME AMENDMENTS PERHAPS. YEAH. OKAY. SO YOU'VE HEARD, UH, YES. SOME COMMENTS. AND NOW WE CAN'T, WE CAN'T PUT ANY CONDITIONS ABOUT GUTTERS, BUT RIGHT. AND WE WOULD GIVE YOU AN OPPORTUNITY IF YOU WANT TO AMEND YOUR APPLICATION TO INCLUDE GUTTERS. YEAH. AND, AND SO THIS IS JIM TY ALSO. AND, AND SO WE, WE'VE LISTENED TO THE CASES BEFORE. UM, SO WE, WE HAVE HEARD THE COMMENTS ABOUT GUTTERS AND, AND I THINK, YOU KNOW, WE UNDERSTAND IT AND I THINK IT'S FEASIBLE. UM, WE WERE, AND MAYBE THIS IS A QUESTION FOR JOSEPH. UM, WE WERE REALLY SPECIFIC WITH THE VARIANCE REQUEST, SO AS NOT TO ASK FOR ANY MORE THAN WE NEED. SO IF WE ADD GUTTERS, OUR YOU WOULD HAVE A PROBLEM. DO WE HAVE A PROBLEM THEN WITH OUR REQUEST? YOU WOULD HAVE TO COME BACK AND AMEND, OR THEY COULD DO A ADMINISTRATIVE VARIANCE. THAT IS ALSO AN OPTION. OKAY. YOU CAN DO THAT TOO. AND THEN ALSO, YOU KNOW, I'M SORRY. SO, SO IF, SO THE PILLARS, YOU HAVE THE PILLARS AND, UM, SO THE PILLARS ARE EVEN WITH THE SIDE? YEAH, YEAH. SHE'S SAYING THAT THEIR, THEIR REQUEST IS, IS THE, THE, THE ABSOLUTE CLOSEST EDGE IS 20 INCHES AWAY. SO, SO DID WE MEASURE FROM, FROM THE PILLAR ITSELF OR FROM THE BASE OF THE PILLAR? 'CAUSE, 'CAUSE THE BASE THERE LOOKS LIKE THERE'S A SIX INCH BASE ON IT. SO YEAH. SO THAT'S, THAT'S WHAT THEY GAVE US AS THEIR SIDE STEP BACK. IT'S PRETTY MUCH AT THE, AT THE MOST FURTHEST POINT. SO IF THE PILLAR IS THE FURTHEST POINT, THAT'S WHERE IT WOULD HAVE TO BE, UM, THE 20 INCHES FROM. OKAY. SO SEE ON THE BOTTOM FENCE ON THE BOTTOM OF THE POST, IT LOOKS LIKE YOU HAVE BOLTS THAT ARE, THAT ARE GOING IN AND HOLDING THIS THING INTO THE CONCRETE FOUNDATION. AND THEN THAT LOOKS LIKE IT'S A COVER CASEMENT. IT'S NOT NECESSARILY PART OF THE POST. HOW DOES THE CITY LOOK AT THAT? DO THEY LOOK AT THE COVER CASEMENT? DO THEY LOOK AT THE EDGE OF THE POST, EDGE OF THE POST? THE EDGE OF THE POST. OKAY. THAT'S WHAT I WAS ASKING. SO, OKAY. OKAY. DEAN, DEAN, COMMISSIONER, DEAN. SO HOW DOES THE FOOTER PLAY INTO THIS SCENARIO? IT DOESN'T BECAUSE IT IS KIND OF CLOSE THERE. BUT THE, THE FOOTER WOULD BE CONSIDERED IN, IN THE MEASUREMENT OF THE SETBACK. SO THE CONCRETE FOOTER WENT SIX INCHES AWAY FROM THE PROPERTY LINE. THAT'S OF NO CONCERN TO THE CITY. 'CAUSE IT'S SUBSURFACE. [04:15:02] CORRECT. OKAY. OKAY. THANKS FOR THAT CLARIFICATION. UM, SO YOU'RE AMENDING YOUR APPLICATION OF GLUE GUTTERS. THE STAFF HAS ALREADY SAID THAT, YOU KNOW, THEY CAN DO AN ADMINISTRATIVE ADVANTAGE TO COVER ANY OF THAT. UM, YOU WOULD BE ABLE TO MEET THE SIX INCH, YOU COULD DO IT WITHIN SIX INCHES, BUT THE GUTTERS, UHHUH, . YES. AND, AND WE, WE TALKED ABOUT IT. SO THE, BECAUSE THE STRUCTURE IS CUSTOM, THE GUS THE GUTTERS WILL ALSO HAVE TO BE CUSTOM. AND THE IDEA IS THAT THE DRAINAGE OR THE RAIN WATER DRIPS OFF AS SLOWLY AS POSSIBLE. I KNOW THERE'S BEEN SOME HEAVY RAIN EVENTS RECENTLY. UM, SO THE GUTTER WOULD ACTUALLY BE PRETTY NARROW TO CATCH THAT. WELL, IT'S, IT'S WHATEVER. UM, SO, SO YES AND ANSWER YOUR QUESTION, YES. WE DON'T DESIGN GUTTERS. WE'RE NOT GONNA BE CLOSE. IT'S CLOSER THAN SIX INCHES. THE, UH, I'M JIM KEE, THE PROPERTY OWNER. THE, UH, YOU'LL HAVE TO SPEAK INTO THE MICROPHONE BECAUSE IT'S RECORDED. THE ROOF IS VERY FLAT AND SO WATER DOES NOT GO POURING OFF. IT DRIPS OFF. AND SO I'M NOT SURE IF WE'RE TALKING ABOUT THE PROBLEM BEING WITH THE FRONT OR THE BACK OF THE YARD. COULD WE CLARIFY THAT? 'CAUSE WELL, WE'RE ONLY TALKING ABOUT THE CARPORT. IT'S ALL WE CAN DO. SO THERE IS NO NEED FOR GUTTERS, BUT WE'D BE GLAD TO PUT GUTTERS ON IF THAT'S WHAT, UH, WOULD BE SATISFACTORY TO EVERYBODY. WE'LL HAVE TO DO 'EM CUSTOM, BUT WE WON'T HAVE TO EXTEND THEM VERY FAR 'CAUSE IT'S JUST GOING TO JUST CATCH THE WATER THAT'S DRIPPING OFF. WELL, WE AND DIRECTLY TOWARDS THE STREET. WELL, WE DON'T SIZE THEM EITHER. WE, WE, YOU KNOW, WE'RE HERE JUST TO, WHETHER YOU'RE GONNA AMEND YOUR APPLICATION TO INCLUDE GUTTERS OR NOT, THAT WOULD BE FINE. OKAY. WE'D BE GLAD TO PUT ON GUTTERS. OKAY. COMMISSIONER ZUNA, I HAD A QUESTION. SO THIS WAS BUILT WITHOUT PERMITS, CORRECT? IS THAT, IS, IS THERE AN INTENT THEN TO GO THROUGH THE BUILDING ENGINEERING PERMIT PROCESS IF THIS VARIANCE IS APPROVED? YES. AND SO IT, IT WAS AN ERROR. THEY THOUGHT THEY HAD PULLED THE RIGHT PERMITS AND THEY DID NOT PULL THE RIGHT PERMITS. UM, SO IT, IT WAS AN ERROR IN THE PERMITTING PROCESS. UH, BUT YES, THE INTENT IS TO GET IT PERMANENT. THAT'S WHY WE'RE HERE TODAY TO CORRECT. YEAH. ALRIGHT, THANK YOU. IS THERE ANY OTHER QUESTIONS? IS THERE ANY OTHER REMARKS YOU'D LIKE ANYONE LIKE TO MAKE? NOPE. OKAY. LET'S LOOKING FOR A MOTION. I COMMISSIONER UNA. YEAH. REGARDING CASE NUMBER BO A DASH 24 DASH 0 3 0 0 1 63, I MOVE THAT THE BOARD OF ADJUSTMENT GRAND REQUEST FOR ONE, A THREE FOOT FOUR INCH VARIANCE FROM THE MINIMUM OF FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE ONE FOOT EIGHT INCHES FROM THE SIDE PROPERTY LINE. AND TWO, A EIGHT FOOT VARIANCE FOR THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A DETACHED CARPORT TO BE TWO FEET FROM THE FRONT PROPERTY LINE SITUATED AT 3 2 3 RIDGE HAVEN. APPLICANT BEING NORDEN DEN KALA BECAUSE THE TESTIMONY PRESENTED TO US THE FACTS THAT WE 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 CONTRACTED TO THE PUBLIC INTEREST. THE REQUEST WOULD NOT BE CONTRACTED TO THE PUBLIC INTEREST AS THE LOCATION OF THE CARPORT LEAVES SUFFICIENT ROOM ON THE SIDE IN FRONT OF THE PROPERTY FOR ANY REQUIRED MAINTENANCE AND ENOUGH SEPARATION TO TWO DUE TO SPECIAL CONDITIONS. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AND LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS A STRUCTURE WOULD HAVE TO BE MOVED TO MEET THE REQUIRED SETBACKS. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE SIDE AND FRONT SETBACK VARIANCES WILL BE, OB WILL OBSERVE THE SPIRIT OF THE ORDINANCE BY PROVIDING A MAINTAINABLE DISTANCE BETWEEN PROPERTY LINES, NEIGHBORING PROPERTIES AND RIGHT OF WAY FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES UNDER THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALSO THE CENTRAL CHARACTER OF THE DISTRICT WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE REDUCED SIDE AND FRONT SETBACK WOULD NOT INJU INJURE THE USE OF A JO ADJACENT CONFORMING PROPERTIES, NOR ALL TO THE ESSENTIAL CHARACTER OF THE DISTRICT. AND SIX, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SALT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND NOT MERELY FINANCIAL, NOT DUE TO OF THE RESULT OF GENERAL CONDITIONS. AND THE DISTRICT. WHICH OF THE PROPERTY IS LOCATED? THE STAFF FINDS PLA THE PLIGHT OF THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SALT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE LIMITED SPACE PROVIDE ADEQUATE COVERED PARKING AND A MOTION. SECOND. SECOND BY COMMISSIONER BRACKMAN. COMMISSIONER UNA? YES. SO I WILL BE SUPPORTING, UH, THE VARIANCES RAIL READ. UH, WE SAW THE OVERWHELMING SUPPORT OF THE ADJACENT CONFORMING PROPERTY OWNERS AND OF THE NEIGHBORHOOD ASSOCIATION OF THE APPLICANT DID MODIFY THEIR VARIANCE REQUEST TO INCLUDE THE GUTTERS. THAT SEEMED TO BE THE PRIMARY CONCERN OF THE NEIGHBOR MOST AFFECTED BY THE PROPERTY, WHICH WAS ON THE, UM, TO THE LEFT. LEFT. I GUESS THAT'S THE WEST SIDE OF THE PROPERTY. UM, AND, UH, THE APPLICANT WILL, UM, GO THROUGH THE BUILDING PERMIT PROCESS AND, AND WHICH INCLUDES ENGINEERING TO MAKE SURE THE STRUCTURE IS SOUND AND SUITABLE. AND, UH, [04:20:01] THOSE REASONS I'M SUPPORTING THE VARIANCE IS READ. ALRIGHT, COMMISSIONER BREGMAN, I CONCUR WITH MY COLLEAGUE. I'LL BE SUPPORTING THE MOTION FOR THE VERY SAME REASONS ANY OTHER COMMISSIONERS LIKE TO ADD TO THE DISCUSSION. MANNA, COMMISSIONER MANNA AND, AND, YOU KNOW, LOOKING AT THE STRUCTURE, IT, IT DOES LOOK PRETTY WELL, UM, UH, CONFIGURED AND ESTABLISHED AND YEAH, I WOULD ASSUME THAT ONE OF THE OTHER DIALOGUES THAT WAS TALKED ABOUT WAS, UM, THE NEED TO GO ON THE ADJACENT PROPERTY TO GET TO IT. AND THEN, SO IT SEEMS TO ME, UM, THAT, UH, YOU KNOW, THEY MAY BE ABLE TO RESOLVE THAT BY, BY USING THE FRONT OF THE DRIVEWAY AND THEN ACCESS IT ACROSS THAT SIDE SO THEY AREN'T, UH, CROSSING OVER ANYMORE. AND SO I I WOULD HOPE THAT WOULD ALSO BE, YOU KNOW, CONSIDERED BY THE APPLICANT. ALL RIGHT, THANK YOU. ANYONE ELSE LIKE TO ADD HEARING NUNEZ? HAVE A ROLL CALL VOTE PLEASE. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER RENA? I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ? I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER EZ? YES, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 11 TO ZERO. UM, CONGRATULATIONS. IF YOU HAVE ANY QUESTIONS YOU GET WITH STAFF, UH, REGARDING THE VARIANCE. AND THAT BRINGS US TO OUR LAST ITEM. ITEM 14. MR. CHAIR? YES. WE NEED A SMALL LITTLE BREAK. OKAY. FIVE MINUTE BREAK. WE'LL SEE EVERYBODY BACK HERE. 5 39 . ALL RIGHT, I'M CALLING THIS SESSION, UH, MEETING BACK INTO SESSION 5 39. ITEM NUMBER 14. ALL RIGHT, COMMISSIONER CRUZ, WE GOT A SEAT, PLEASE. . ALL RIGHT. BOA 24 1 0 3 0 0 1 65 LOCATED ON, UH, 15 ADDRESSES OFF OF IMAN GENE, IVY AND ARTISAN BELT IN DISTRICT FOUR, APPLICANT BEING ORTIZ AND MCKNIGHT. SO THIS IS A FOUR FOOT VARIANCE FROM THE MAXIMUM 12 FOOT DRIVEWAY WIDTH TO ALLOW A DRIVEWAY OF 16 FEET ON 15 LOTS ZONED. R THREE SUBJECT PROPERTY IS LOCATED SOUTHWEST OF DOWNTOWN, JUST NORTH OF THE INTERSECTION OF IH 35 SOUTH AND SOMERSET ROAD, LOCATED IN A NEW SUBDIVISION. THE 15 LOTS WERE RECENTLY DEONE REZONED DUE TO A LOT SIZE, UH, FROM THE REZONING. THE STANDARD, UH, FOR THE MAXIMUM DRIVEWAY WIDTH CAME WITH THE R THREE BAY ZONING DISTRICT. THE LOTS ARE AROUND TH 38 50 SQUARE FEET, WHICH IS 150 FEET SHORT OF THE REQUIRED R FOUR BAY ZONING DISTRICT. THE R FOUR DOES NOT HAVE A LIMITATION OF THE DRIVEWAY WIDTH PER THE PLAT. LOTS HAVE 35 FEET OF STREET FRONTAGE, UH, WHICH IS A MINIMUM LOT SIZE, WHICH IS A MINIMUM WIDTH FOR THE R FOUR. NEXT SLIDE IS A SITE PLAN OF THE 15 LOTS. AND NEXT SLIDE. THIS IS THE SUBJECT AREA, SUBJECT PROPERTY, I MEAN, AND THE SURROUNDING AREA. SO STAFF RECOMMENDS APPROVAL FOR BO OA 24 1 0 3 1 65 BASED ON THE FOLLOWING, FINDING SET OF FACTS. THE LOTS HAVE 35 FEET FRONTAGE. WE PROVIDE SUFFICIENT SPACE FOR THE REQUESTED DRIVEWAY WIDTH. AND THE LOTS ARE APPROXIMATELY 50, 150 FEET SQUARE FEET SHORT OF NOT HAVING A MAXIMUM. UH, LOT SIZE SIZE. SO WE RECEIVED NO, UH, FOR OR AGAINST, AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION ON THIS, UH, PROPERTY. AND THAT CONCLUDES STAFF'S PRESENTATION. AND THE APPLICANT HAS A PRESENTATION MANA. SO, SO THE 50%, UM, IMP IMPROVE COVER IS, IS BEING MET THEN. UH, RIGHT. THEY WOULDN'T, THEY, I INDICATED THEY NEEDED THAT, SO. OKAY. THANK YOU. QUICK QUESTION ON UNIT, IT'S 35, UH, BE SO COMMISSIONER'S UNIT, THEY'RE RIGHT BELOW THAT MATHEMATICALLY. SO, SO THAT, SO THAT I UNDERSTAND. SO WITH THE REZONING NOW, THEY'RE TRYING TO FIT, I GUESS, TWO CARS ON THE DRIVEWAY, WHEREAS THE PREVIOUS ZONING WOULD'VE BEEN LIMITED, JUST KIND OF A ONE. SO PREVIOUS, UM, THE PREVIOUS R FOUR REZONING DID NOT HAVE THAT 12 FOOT, UH, MAXIMUM DRIVEWAY WIDTH BECAUSE THE R THREE IS SUCH A SMALL LOT. OKAY. IN THE ZONING WORLD, THEY'RE LIMITED TO THAT SMALL DRIVEWAY WIDTH AND A RIBBON DRIVEWAY, JUST ONE CAR, THEY COULD DO A RIBBON DRIVE, NO. WOULD SOLVE IT. UM, BUT THEN THEY'RE TRYING TO STAY, IT LOOKS LIKE THEY'RE TRYING TO STAY CONSISTENT WITH WHAT ELSE IS BUILT IN THAT, UH, NEW SUBDIVISION. OKAY. SO THEY'RE, THEY'RE, AND [04:25:01] THE WIDTH IS 35 FEET ACCORDING TO THE, THE PLA YES, THAT'S THE, THAT'S THE MAJORITY OF THE, SO IT'S MEETING THE R FOUR WIDTH, JUST NOT THE LOT SIZE. CORRECT. THAT'S WHERE THEY WENT TO THERE. OKAY. CORRECT. THAT, THAT'S WHY THEY HAD TO REZONE THOSE PROPERTIES. OKEY-DOKEY. LET'S HAVE THE APPLICANT COME FORWARD. RIGHT. ALRIGHT, THANKS EVERYBODY FOR MAKING IT THIS FAR. YOU GUYS SIT BACK AND EAT. RELAX. I'LL JUST DO MY THING. JAMES MCKNIGHT, ORTIZ MCKNIGHT HERE ON BEHALF OF THE DEVELOPER. THIS IS LENNAR. UM, AND I CAN CONTROL THIS, RIGHT? EXCELLENT. OKAY. SO, UH, DOES IT JUST TO SHOW THE AREA WHERE WE'RE LOCATED AND THEN A COUPLE OF ITEMS FOR WHAT WE'RE LOOKING AT HERE. WE'RE TALKING ABOUT THIS FOREFOOT VARIANCE FOR THE DRIVEWAY WIDTH. 15 LOTS. LOTS ARE PART OF WHAT HE, HE HAD, UH, MERKO DID NOT MENTION AS PART OF A TURS SUBDIVISION THAT WAS APPROVED JUST A COUPLE OF YEARS AGO. AND THERE'S A DEVELOPMENT AGREEMENT THAT GOES WITH THIS THAT ALSO FEEDS INTO WHY WE HAVE TO HAVE THAT 16 FOOT WIDTH. SO AS I SAID, IN 2020, THE R FOUR ZONING WAS APPROVED FOR ALL OF THE AREAS THAT YOU CAN SEE THERE. IT WAS FOR 603 SINGLE FAMILY HOMES. 2021 TURS NUMBER 38 WAS CREATED, UH, BY ORDINANCE. AND THEN 2022 DEVELOPMENT AGREEMENT EXECUTED BY ORDINANCE. AND SECTION 5.31 STATES THAT ALL SINGLE FAMILY RESIDENTIAL HOMES WITHIN THE BOUNDARIES OF THE TURS SHALL CONTAIN A MINIMUM OF TWO OFF STREET PARKING SPACES. SO ONE OF THE THINGS THAT IF, IF YOU'RE NOT FAMILIAR WITH THE DEVELOPMENT AGREEMENT FOR A TURS, IT GIVES THE CITY AN OPPORTUNITY TO PUT IN DEVELOPMENT STANDARDS THAT MAY NOT OTHERWISE BE THERE. SO OUR FOUR STANDARDS DON'T REQUIRE CERTAIN DRIVEWAY WIDTHS, BUT THE COUNCILWOMAN WANTED TO MAKE SURE THAT THE CARS WOULD BE OFF THE STREET. SO ALL OF THE LOTS IN THIS TURS HAD TO HAVE TWO CARS OFF STREET. SO THAT'S WHERE THE 16 FEET WAS COMING FROM FOR THE REST OF THE SUBDIVISION. 2022 UNIT ONE PLAT WAS APPROVED. YOU CAN SEE THE, IT'S BELOW I 35, THOSE TWO, UM, BLUE BOXES. BUT IN 2023, THEY DISCOVERED THE ISSUE. SO THE LOTS WERE PLATTED, THEY WERE APPROVED, UH, IT WAS RECORDED. AND THEN WHEN THEY CAME IN FOR THE BUILDING PERMIT, THEY REALIZED THE LOTS WERE ACTUALLY 3,850, NOT 4,000 SQUARE FEET, AND NOBODY CAUGHT IT. SO, UH, THEY CAME INTO ME AND SAID, PLEASE FIX IT. SO WE WENT TO THE COUNCILWOMAN AND BEGGED HER TO PLEASE LET US HAVE R THREE ZONING JUST SO WE COULD GET THOSE LOTS TO CONFORM. SO THEY DIDN'T HAVE TO LOSE, THEY ALREADY LOST TWO WHEN THEY WERE GOING THROUGH THIS. AND I'LL SHOW YOU THAT. THIS IS WHAT IT LOOKED LIKE. THIS WAS THE, UH, PREVIOUS PLAT WHEN THEY FIRST LAID IT OUT, AND THEY HAD A 300 FOOT TDOT RIGHT AWAY. AND YOU CAN SEE THE, THE LOTS WERE STANDARD AT THE TIME THAT THEY WERE LAYING OUT THE PLAT, THOSE IMAGE IVYS ON THE NORTH SIDE. AND YOU CAN SEE ARTISAN BELT ON THE SOUTH SIDE. BUT WHEN THEY DISCOVERED THE PROBLEM, TH THIS ACTUALLY HAPPENED BECAUSE THE, THE TDOT RIGHT OF WAY WAS INCREASED TO 325 AND THEY WEREN'T EXPECTING THAT. AND WHEN THAT HAPPENED, IT SQUEEZED EVERYTHING BECAUSE THEY DIDN'T HAVE ANY MORE ROOM TO THE SOUTH OF THE LOTS. SO THEY GOT RID OF TWO LOTS IN THE MIDDLE AND THE LOTS TO THE NORTH AND THE LOTS TO THE SOUTH BASICALLY GOT CUT BY ABOUT FOUR FEET. SO NOTHING CHANGED IN THE LOT WIDTH. THEY WERE STILL OUR FOUR LOTS IN TERMS OF WIDTH. THEY STILL MATCHED THE REST OF THE LOTS EXCEPT FOR THE DEPTH. THE DEPTH WENT DOWN ABOUT FOUR FEET AND THAT'S WHERE THAT 150 SQUARE FEET JUST GOT CUT OFF. AND NOBODY, LIKE I SAID, NOBODY CAUGHT IT UNTIL IT WAS AFTER THE FACT. UM, INSTEAD OF HAVING TO REPL EVERYTHING, UH, THE COUNCILWOMAN DID AGREE TO REZONE IT TO R THREE. SO A YEAR LATER THEY DISCOVERED, WHAT I DIDN'T KNOW WAS THAT R THREE HAS A MAXIMUM DRIVEWAY WIDTH. DIDN'T REALIZE THAT, AND NEITHER DID THEY UNTIL THEY CAME IN AND, AND TRIED TO APPLY FOR THE PERMITS. AND OF COURSE WE HAVE 16 FOOT DRIVEWAYS ON EVERY LOT IN THERE. AND BECAUSE OF THE DEVELOPMENT AGREEMENT WE'RE REQUIRED TO HAVE THE TWO, UM, PARKING SPOTS OFF STREET. SO THEY SAID, CAME TO ME AND SAID, PLEASE HELP US AGAIN. SO I'M, I'M HERE TO TRY TO HELP THEM AGAIN TO SAY, UM, WHEN YOU LOOK AT THE FINDINGS OF FACT, CONTRARY TO PUBLIC INTEREST, THE ENTIRE AREA IS ZONED R FOUR. ALL OF THE LOTS, THE WIDTHS, THEY ALL MATCH. SO THE, THE SUBDIVISION IS UNIFORM HERE. UM, SPECIAL CONDITIONS, I MEAN, THE SPECIAL CONDITIONS HERE ARE REALLY JUST THE FACT THAT THOSE 15 LOTS GOT SQUEEZED AND NOBODY NOTICED. PART OF THE SPECIAL CONDITION IS THAT NOBODY NOTICED THAT THEY GOT APPROVED AND PLOTTED AND THEY SHOULDN'T HAVE. AND WE'RE, WE'RE TRYING TO MAKE UP FOR THAT FACT AFTERWARDS. UM, AND FOR US, ONE OF THE HARDSHIPS THAT I'M GONNA POINT OUT IS THAT IT WOULD, DOES CREATE A DEFAULT THAT WE DON'T HAVE THOSE TWO CAR DRIVEWAYS TO, UNLESS WE CAN GET THAT 16 FOOT WIDTH SPIRIT OF THE, THE ORDINANCE OBSERVED. SO ONE THING THAT MERKO POINTED OUT IS THE R THREE LOTS ARE TYPICALLY SMALLER. YOU GET SMALLER WIDTH, AND THAT'S WHERE THAT DRIVEWAY WIDTH, MAXIMUM DRIVEWAY WIDTH COMES FROM. YOU CAN DO A 25 FOOT FRONTAGE, UH, WIDE LOT AN R THREE OF COURSE, WE DIDN'T DO THAT. WE WEREN'T TRYING TO HAVE SMALLER LOTS. THEY WERE ALL THE SAME AS EVERY OTHER LOT AROUND [04:30:01] IT. IT WAS JUST THE DEPTH THAT GOT MODIFIED. SO THE 12 FOOT DRIVEWAY DOESN'T ACTUALLY MAKE ANY, THE 12 FOOT TO 16 FOOT DOESN'T MAKE ANY DIFFERENCE AS FAR AS THE REST OF THE LOTS. IT, IT'LL STILL JUST MATCH. SO THE SPIRIT OF THE ORDINANCE IS STILL MET IN THAT WE'RE NOT OVERDOING THE FRONT DRIVEWAY AREA VARIANCE DID NOT OPERATE, UH, AUTHORIZE AN OPERATION USE. NO, IT DOESN'T TOUCH ANY OTHER USES, OF COURSE. UM, WE'RE STILL JUST OPERATING ON THE R THREE USES THEMSELVES. IT DOESN'T INJURE ANYBODY ELSE. THIS IS ALL THE SAME SUBDIVISION RIGHT NOW. IT'S NONE OF THE LOTS HAVE BEEN SOLD YET, BUT AGAIN, THE DRIVEWAY WIDTH ARE THE SAME ACROSS, AND THE LOT WIDTHS AND DRIVEWAY WIDTH ARE THE SAME ACROSS THE ENTIRE SUBDIVISION. UM, AGAIN, THE UNIQUE CIRCUMSTANCES, WE, WE DID HELP CREATE THIS, BUT WE WEREN'T THE ONLY ONES THAT HELPED CREATE IT. BUT, AND WE ARE STUCK IN A UNIQUE SPOT BECAUSE OF, UH, HOW IT GOT CUT AND BECAUSE OF THE DEVELOPMENT AGREEMENT, BOTH. SO FOUR FEET IS THE VARIANCE THAT I'M REQUESTING TO GO FROM 12 FEET MAXIMUM TO 16 FEET. IT'S TYPICAL FOR THE ENTIRE DEVELOPMENT. ALL OF THE LOTS ARE STILL OUR FOUR STANDARD WIDTHS. AND AGAIN, THIS IS PART OF THAT, UH, DEVELOPMENT AGREEMENT THAT WAS APPROVED BY THE CITY. SO ZONING, TURS, DEVELOPMENT AGREEMENT, REZONING, EVERYTHING HAS BEEN APPROVED BY THE CITY SO FAR. SO WE'RE JUST TRYING TO KEEP THAT CONSISTENT. ALRIGHT. I'M SURPRISED YOU DIDN'T COME TO US FOR A LOT SIZE VARIANCE AS OPPOSED TO, UH, CAN'T DO IT. WE TALKED ABOUT IT. OKAY. YEAH, THEY WOULDN'T LET US DO IT. THAT WAS THE VERY FIRST THING I, WE TRIED TO DO FASTER. YEAH. WAIT, DEAN, COMMISSIONER, DEAN, WHO SAID YOU COULDN'T DO THAT? CITY STAFF, CITY ATTORNEY. THAT WE CAN'T, WE CAN'T. YOU CAN DO IT. YOU, YOU CAN DO IT IN A DIFFERENT CIRCUMSTANCE SO THAT WHEN YOU HAVE A SUBSTANDARD LOT. I KNOW. SORRY. WASN'T YOU? WELL, WE'VE HAD PEOPLE WITH PLAS THAT WERE MIS THAT WAS A MISTAKE AND THEY CAME TO US FOR A LOT SIZE VARIANCE. WE DID THAT IN THE LAST, WHAT, SIX MONTHS I HAVE TO . SO HOW IT EXPLAINED TO ME WAS IF THERE WAS A SUBSTANDARD LOT ON THE GROUND ALREADY, THAT'S WHY THEY PASSED R ONE, R TWO, R THREE TO ALLOW THOSE FOLKS TO THEN ZONE THEIR PROPERTY CORRECTLY AND, AND GET VARIANCES THAT WAY. BUT IF YOU JUST FINISHED PLATTING IT, THEY SAID YOU CAN'T DO IT THAT WAY. THAT'S, THAT'S WHY WE, WE, WE LITERALLY DID THAT. LIKE, AH, COMMISSIONER , I'M NOT JOKING. I KNOW. WELL, IT WAS A PSI, PLAID POZ. THEY, THEY CAME AND THEY HAD, THEY CREATED TWO LOTS AND THEY WERE BOTH TOO SMALL. NOBODY NOTICED IT GOT RECORDED AND THEY CAME RIGHT TO US. RIGHT. BUT IT WAS THIS ONE. IT I, AS I RECALL, BECAUSE WE'VE BEEN WORKING ON THIS FOR LIKE A YEAR. YEAH. IT WAS ACTUALLY, IT WAS ALSO THE QUANTITY OF THE NUMBER OF LOTS THAT WERE AFFECTED. IT ACTUALLY. YEAH. SO WE DID THESE 15 CHRISTIE'S, RIGHT? WE DID THESE 15. THEY HAD ACTUALLY DONE ABOUT 50 THAT WERE ALL INCORRECT. AND WE SORT OF DID A COMPROMISE WHERE WE SAID, THIS IS, THIS IS THE BEST WE CAN DO. ALL THE OTHER ONES THAT WERE OUT, THEY RE PLATTERED THEM. THEY, THEY, I'M JUST SAID, I'M JUST, I I'M JUST MAKING AN OBSERVATION. YOU'RE HERE FOR A, I I MEAN WE GOT THE REZONING DONE. UM, I GOT THE BILL FOR IT, YOU KNOW, IT WORKED. SO, OKAY. MANNA COMMISSIONER MANNA. SO NOT THAT I'M, YOU KNOW, THIS SOUNDS LIKE A GOOD IDEA FROM MY PERSPECTIVE. SO I I DON'T HAVE ISSUE. SO, BUT, BUT ONE OF THE POINTS THAT YOU BROUGHT UP WAS TO ADDRESS PARKING, UM, YOU KNOW, HAS PROVIDED THAT OPTION. MM-HMM. . AND I LOOK AT THIS PICTURE HERE AND LIKE EVERY OTHER LOT HAS SOMEBODY PARKED ON THE STREET. AND SO, YOU KNOW, SO, SO IS THERE, YOU KNOW, IS THIS THE OVERALL RIGHT SOLUTION? HOW DO WE, HOW DO WE DO BETTER THAN THAT? BECAUSE WE HAVE WHOLE COMMUNITIES WHERE THAT HAPPENS. AND, AND SO, SO WHILE I COMMEND, YOU KNOW, ALLOWING FOR, FOR A SECOND CAR TO BE PARKED IN THE DRIVEWAY, IT SEEMS LIKE PEOPLE WITH TWO CARS, ONE'S PARKED IN THE DRIVEWAY AND ONE'S PARKED IN FRONT OF THE DRIVEWAY, SO ON THE STREET. SO NO, YOU'RE, YOU'RE NOT WRONG. UH, WE, WE'VE LOOKED AT THIS BEFORE AND THEY'VE TRIED TO COME UP WITH, SO THEY ALL HAD TO HAVE A TWO CAR GARAGE AS WELL. SO THEY HAD TO HAVE A TWO CAR GARAGE AND TWO PARKING SPOTS OFF THE STREET. SO YOU COULD POTENTIALLY GET FOUR. BUT PEOPLE STILL PARK ON THE STREET WHERE THEY TRIED TO INCORPORATE IT TO DO THE BEST THEY COULD. BUT SHE DID THE, I'M TALKING, SPEAKING WITH THE COUNCILWOMAN, UNDERSTANDS THAT PEOPLE ARE GONNA DO WHAT THEY'RE GONNA DO. YEAH. YOU CAN OFFER, YOU CAN OFFER WHAT YOU, WHAT YOU CAN, BUT THAT DOESN'T MEAN THEY CAN. YEAH. ALRIGHT. UM, IS, I ASSUME THERE'S NO ONE SIGN UP TO SPEAK? NO, UH, VOICEMAILS. WE HAVE 15 VOICEMAILS. YEAH. KNOW. YEAH, , IT'S ALL FROM ONE FREAKS, A LOT AND A CROWD WAITING OUTSIDE. NO, I'M KIDDING. AND THERE ANY COMMISSIONER QUESTIONS? ALL RIGHT, WE'RE LOOKING FOR A MOTION BRAGMAN COMMISSIONER BRAGMAN REGARDING CASE NUMBER BO OA DASH 24 DASH 0 3 1 6 5. I MOVE TO THE BOARD OF ADJUSTMENT. GRANTED REQUEST FOR FOUR FOOT VARIANCE FROM THE MAXIMUM 12 FOOT DRIVEWAY WITH TO ALLOW A 16 FOOT DRIVEWAY WITH ON 15 LOTS SITUATED AT 4 0 1 5 THROUGH 4 0 4 3 IMAGING IVY AND 4 0 0 6 THROUGH 4 0 3 0 ARTESIAN [04:35:01] BELT APPLICANT BEING ORTIZ AND MCKNIGHT BECAUSE OF THE TESTIMONY PRESENTED TO US AND THE FACTS WE HAVE DETERMINED. SO THE PHYSICAL CHARACTER OF THIS PROPERTY IS THAT THE 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. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE, THE PUBLIC INTEREST IS REPRESENTED BY THE MAXIMUM DRIVEWAY WITHIN AN R THREE LOT. THE REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST AS THE LOTS ARE APPROXIMATELY A HUNDRED AND FEET, 50 SQUARE FEET FROM NOT HAVING THE MAXIMUM WIDTH TWO DUE DUE TO SPECIAL CONDITIONS. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIAL CONDITIONS EXIST ON THE PROPERTY AS THE LOTS HAVE A 35 FOOT FRONTAGE, WHICH PROVIDES SUFFICIENT SPACE FOR THE REQUESTED DRIVEWAY WIDTH. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE INTENT OF THE CODE IS TO LIMIT THE WIDTH OF A DRIVEWAY ON AN R THREE LOT. THE REQUESTED VARIANCE WILL BE IN THE SPIRIT OF THE ORDINANCE WAS WITH WAS THE WIDTH OF THE LOT ARE THE R FOUR STANDARDS FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT 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. IF GRANTED, THE VARIANCE REQUEST WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES. THE ADJACENT PROPERTIES OR ZONE R FOUR AND HAVE A SIMILAR LOT WIDTH SIX, APPLY TO THE OWNER OF THE PROPERTY OF WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, 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. SO AS THE, SUCH AS THE APPROXIMATELY 150 SQUARE FOOT SIZE TO MEET THE R FOUR STANDARD END OF MOTION. SECOND. SECOND BY COMMISSIONER CRUZ. COMMISSIONER BRAGMAN, UH, I'LL BE IN SUPPORT OF THE MOTION. I IT SOUNDS LIKE THE APPLICANT WENT THROUGH ALL THE CORRECT PROCEDURES, UM, AND AS HE POINTED OUT, WAS NOT DUE ENTIRELY TO UM, UM, CONDITIONS CREATED BY THE APPLICANT, BUT UH, BY OUTSIDE FORCES. UH, SO I'LL BE IN SUPPORT OF THE MOTION. COMMISSIONER CRUZ? YES, I CONCUR WITH MS. BERGMAN. I DON'T SEE ANY PROBLEM WITH THIS, ESPECIALLY SINCE IT HAD ALREADY BEEN ADJUSTED FOR IT. THANK YOU. ALRIGHT, UH, IF THERE'S ANYONE ELSE LIKE TO ADD HEARING NONE, LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER MENA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER UNA? YES, I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER BONNI. I CONCUR CHAIR OR, AND I CONCUR WITH THE FINES OF FACT. MOTION PASSES UNANIMOUSLY. UH, CONGRATULATIONS. THANK YOU EVERYBODY. OKAY. AND THE LAST, THE NEXT ITEM IS THE MINUTES. UM, REAL QUICK, UH, COMMISSIONER, IF, IF, UH, YOU GUYS ARE OKAY WITH IT, CAN WE RECONSIDER THE CONTINUED DATE FOR ITEM NUMBER NINE? THEY WERE REQUESTING SEPTEMBER 23RD INSTEAD OF OCTOBER 7TH. OKAY. UM, UH, I MOVED THE BO OA RECONSIDER, UH, ITEM NUMBER NINE. BO OA 24 DASH OH 3 0 5 8. IS THERE A SECOND? SECOND. WAIT, WAIT, WAIT. IT, WHAT EVIDENCE DO WE HAVE THAT WE NEED TO MOVE IT? I MEAN, THEY, THEY ORIGINALLY TOLD US, UH, SEPTEMBER 23RD. UH, SO WE ERRONEOUSLY TOLD YOU OCTOBER 7TH THAT THEY WANTED, OKAY. WHO, WHO SECONDED IT? YEAH. COMMISSIONER MANNA. OKAY. ALL IN FAVOR SAY AYE. AYE. ANY OPPOSED? AYE. UH, ALL RIGHT. MOTION IS TO BE RECONSIDERED. IS THERE A MOTION FOR A CONTINUANCE OF SEPTEMBER 23RD? CORRECT. SO MOVED. SECOND. OKAY. SO WE HAVE A MOTION BY COMMISSIONER ZUNA, SECOND BY COMMISSIONER BRAGMAN, UH, FOR SEPTEMBER 23RD. ALL IN FAVOR? AYE. AYE. ANY OPPOSED? A [04:40:02] MOTION ITEM NINE IS NOW, UH, MOVE TO SEPTEMBER 23RD. [ Approval of Minutes  ] ALRIGHT, SO NOW WE'RE AT THE MINUTES. DID ANYBO, I, I, LOOK, I HAD SOME COMMENTS. UH, THESE DIDN'T, THESE DON'T HAVE MINE ADDRESSED. UH, I HAVE, I CAN REPRINT, UH, I HAVE YOURS. THAT I UPDATED. SORRY. WAS THERE ANY OTHER, UH, REVISIONS OR, UM, ADJUSTMENTS? I DIDN'T SEE ANYTHING. I LOOKED ONLINE 'CAUSE MINE WAS THE ONE THAT WAS MAILED TO ME, BASICALLY DIDN'T PRINT, UH, THE SECOND HALF OF IT. SO THEN I WENT ONLINE AND LOOKED AND I DIDN'T SEE ANYTHING. SO I DON'T KNOW IF YOUR UPDATES WERE MADE TO THOSE. YEAH, MINE WAS, UH, I WENT THROUGH, IT WAS ITEM NUMBER SEVEN AND THAT'S THE ONE WHERE, UM, UH, A MOTION WAS MADE, UH, AND SECONDED. AND THEN WE REMOVED THE REAR SETBACK. IT WASN'T DONE BY FRIENDLY AMENDMENT, IT WAS BY A FORMAL AMENDMENT. SO I HAD TO CHANGE IT TO A FORMAL THE VOTE. AND THEN WE DID IT THE MAIN ONE, AND THEN WE WENT BACK TO A FRIENDLY AMENDMENT TO REMOVE IT TO BE HEARD SEPARATELY. SO ALL THAT, IT WAS ADJUSTED. I HAD IT ALL ADJUSTED . YEAH. SO, AND I THOUGHT I'D, I THOUGHT I RECOGNIZED THAT IN WHAT I READ AS FOLLOWING ALONG THE DIRECTION THAT WE HAD FROM THE, THE GROUP HERE. SO, SO I, I THOUGHT I READ IT THAT WAY. OKAY. CRUZ, COMMISSIONER CRUZ, I, I WAS VERY MUCH INVOLVED IN THAT. AND IT APPEARED CORRECT TO ME THE WAY IT WAS WRITTEN. UH, WELL, WHICH, WHICH ONE DID YOU GET THE, DID YOU EMAIL OUT THE ONE THAT I MADE REVISIONS TO? WE UP ON THE BOARD? YEAH, PLEASE. OKAY. CHAIR. YES. AND I'M ABSTAINING FROM THAT SINCE I WASN'T, UH, HERE AT THAT MEETING. OKAY. OKAY. PUT THAT UP IN THE NEXT SCREEN. SO THESE WERE YOUR CHANGES THAT, UH, YEAH, SO, SO WHAT I PUT IN THERE MOTION SECOND BY COMMISSIONER BRAGMAN. SO MY CHANGES COME AFTER THE SECOND REMARK. SO I, I'M, SO I CHANGED IT THAT, UH, BRADON MOVED TO AMEND, IT WAS SECONDED BY ME. THERE WAS A VOTE, IT FAILED. AND THEN, UH, STEVENS REMOVED THE SECOND ACCEPTED. WE VOTED ON IT AND THEN WE MADE IT AN ANOTHER MOTION JUST FOR THE REAR SETBACK AND IT FAILED. SO THIS IS WHAT I WANTED IT TO SAY. THIS IS, IT'S NOT WHAT'S IN, IN HERE. WHAT'S ON THE SCREEN? ON THE SCREEN IS WHAT MY COMMENTS WERE LIKE, THESE ARE MY CHANGES. SO THE WHAT, SO WHAT'S, WHAT, WHAT'S IN THE PACKAGE RIGHT NOW? IT SAYS, UH, COMMISSIONER BARRINGTON MADE A FRIENDLY AMENDMENT TO REMOVE THREE WHAT'S NOT A FRIENDLY AMENDMENT. IT'S A FORMAL AMENDMENT. AND THEN, UH, IT FAILED. AND THEN IT SAID A MOTION MADE BY COMMISSIONER STEVENS TO REMOVE. HE DIDN'T MOVE, MAKE A MOTION, HE REMOVED IT BECAUSE HE'S THE MAKER AND THE SECOND ACCEPTED IT AND THEN, YOU KNOW, SO IT JUST KIND OF, I JUST MADE THOSE CHANGES AS TO MAKE IT FOLLOW MORE EXACTLY WHAT WE DID. BUT, UM, THAT WAS ABOUT IT. OKAY. IF YOU COULD PLEASE REPRINT THAT, THAT'D BE GREAT. CHAIR. I'LL, I'LL REPRINT THEM. I THINK I GAVE YOU THE COPY BEFORE THE REVISIONS WERE MADE. OKAY. I'M LOOKING AT THE ONES PUBLISHED ONLINE AND THEY, THEY DON'T REFLECT THIS, SO, RIGHT. I MEAN THERE WAS ONE OTHER EDIT THEY PUT, UH, WE HAD EVERYONE APPROVE SOMETHING AND WHERE IT SAYS OPPOSE NONE, IT SAID OPPOSE NA I CHANGED IT TO NONE, BUT, OKAY. YOU SAW THAT TOO. SO THAT, THAT'LL BE ON THE ONE THAT SHE'LL PRINT AS WELL. WAS THERE ANYTHING ELSE I MADE? WAS THERE A THIRD EDIT OR ANYTHING? IT WAS ALL ITEMS. ALL, ALL THE MINUTES YOU MADE, ALL THE, ALL THE AMENDMENTS YOU MADE ARE ON THIS LAST ONE. OKAY. THAT I CHANGED THIS MORNING. YOU MENTIONED, DO YOU RECALL IF THERE WAS ANY OTHER, ANY OTHER ITEM WHERE I MAY HAVE ADJUSTED SOMETHING? IT'S EASIER FOR ME 'CAUSE I HAD TO DO IT IN RED. SO IT, I COULD FLIP THROUGH IT REAL QUICK AND FIND IT . LET'S SEE IF I STILL HAVE IT. SO YOU ALSO AMENDED ITEM NUMBER FOUR, [04:45:01] YOU ADDED BOARD REVIEWED APPLICATION EVIDENCE AND TESTIMONY PROVIDED, FOUND THE FRONT CARPORT. DID NOT NEED A VARIANCE TO THE 10 FOOT, UH, MINIMUM FRONT SETBACK AS OPPOSED WHERE AT LEAST 10 FEET FROM THE FRONT PROPERTY LINE WITH THE FRONT OVERHANG OF LESS THAN FIVE FEET. WHERE IS THAT THAT VERIFIED BY STAFF? YEAH. GO BACK UP PAGE SIX OF 16 BEFORE THE MOTION. ONE MORE PAGE UP. YEAH, ONE, KEEP GOING. ALL RIGHT THERE. OKAY. YEAH. BOARD REVIEW OF, SO I ADDED THIS SECTION BOARD REVIEW OF APPLICATION EVIDENCE, . SO THIS IS WHERE THE, WE DETERMINED THAT THE CARPORT WASN'T NEEDED AND I JUST WANTED TO DOCUMENT THAT. SO WE, WE HAVEN'T DONE THAT BEFORE AS WE GO THROUGH THESE. AND SO YEAH, I KNOW. IS THAT SOMETHING THAT WE WANNA DO ON SUBSEQUENT ONES? 'CAUSE THAT'S JUST MORE NOTES WE'LL BE TAKING AND, AND NOT THAT IT'S A BAD THING, BUT I, I ONLY DID IT 'CAUSE YOU KNOW, SOMETIMES WE HAVE APPLICANTS SAY, WELL I CAN MAKE THIS WORK OR I DON'T NEED TO DO THIS OR, BUT THIS ONE WAS, I DON'T KNOW. IT WAS, I DON'T KNOW. I JUST, MAYBE I WAS BORED AND WANTED TO WELL, I, I JUST NEED TO TAKE BETTER NOTES. I GUESS THIS IS WHERE I'M GOING. SO 'CAUSE BECAUSE I KNOW THAT WE DO MAKE SOME OF THOSE FLIES, YOU KNOW, SOME OF THOSE ADJUSTMENTS ALONG THE LINE. SO YEAH, I MEAN I, I THINK THAT IT'S, IF IT'S SOMETHING THAT WE CATCH, GREAT. IF IT'S SOMETHING THAT WE MISS, IT'S NOT LIKE IT'S THE END OF THE WORLD. BUT YEAH. UH, ONE LITTLE THING THAT I DIDN'T NOTICE, YOU KNOW, JUST SKIMMING THROUGH IT, THE LAST LINE OF THAT PARAGRAPH, PROPERTY LINE WITH THE FRONT. I GUESS THAT WORD'S SUPPOSED TO BE OVERHANG RATHER THAN, OH YEAH, THERE YOU GO. IF YOU COULD FIX THAT TO OVERHANG, THAT'D BE WONDERFUL. I GUESS THAT'S A REAL WORD. 'CAUSE SPELL TAKE. YEAH. RIGHT. DIDN'T SAY ANYTHING. CHECK. NOT GONNA CATCH YOU. YEAH. . THANK YOU. SO WITH THAT, IF THERE'S ANYTHING ELSE WE CAN, WE CAN VOTE ON THESE. THAT'D BE WONDERFUL IF ANYONE LIKE TO MAKE A MOTION. MOTION. ALL RIGHT. SO WE HAVE A MOTION BY COMMISSIONER MANNER THERE A SECOND. SECOND, SECOND BY BRAGMAN TO ACCEPT AS EDITED. UH, ALL IN FAVOR SAY AYE. AYE. WITH ONE ABSTENTION BY COMMISSIONER [ Director’s Report  ] CRUZ. ALL RIGHT. IS THERE A DIRECTOR'S REPORT? DON'T FORGET TO TAKE YOUR DINNER, BUT THANK YOU MANA, UH, COMMISSIONER. SO, SO I DID GET AN EMAIL TODAY WITH REGARDS TO, UM, TRAINING, TRAINING FOR, UM, UH, ROGER'S RULES OF ORDER. SO, SO YEAH, IF EVERYONE CHECK YOUR EMAILS, THERE'S SOME FREE TRAINING GOING ON. AND THANK YOU COMMISSIONER BEEZ FOR JUMPING ON SO QUICK. YEAH, APPRECIATE IT. AWESOME. . SO IT IS 6 0 5 HEREBY AJOUR IN THE MEETING OF THE BOARD OF ADJUSTMENTS. * 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.