* 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. [00:00:01] ALL RIGHT. IT'S ONE OH TWO. I HEREBY CALL THIS MEETING OF THE BOARD OF AJO ADJUSTMENTS INTO SESSION. UH, IF WE CAN HAVE THE SPANISH INTERPRETER COME OUT, PLEASE. GOOD AFTERNOON. THANK YOU VERY MUCH. IF WE CAN, UH, HAVE ROLL CALL. COMMISSIONER BARRINGTON HERE. COMMISSIONER STEVENS. PRESENT. COMMISSIONER IBANEZ. COMMISSIONER DEAN PRESENT. COMMISSIONER CRUZ HERE. COMMISSIONER GOMEZ? HERE. COMMISSIONER MANNA PRESENT. COMMISSIONER BRAGMAN PRESENT. COMMISSIONER BENAVIDES PRESENT. COMMISSIONER OZUNA PRESENT. COMMISSIONER VASQUEZ, PRESENT CHAIR ORIAN. AND I'M PRESENT IF EVERYONE CAN PLEASE. UH, UH, JOIN ME FOR THE PLEDGE. I PLEDGE ALLEGIANCE TO THE FLAG, UNITED STATES FROM AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVIDUAL LIBERTY, JUSTICE, HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO TEXAS. ONE STATE UNDER GOD. ONE AN INDIVIDUAL. ALL RIGHT. SO BEFORE WE PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION. UH, THIS BOARD FOLLOWS AN AGENDA, WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY 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 A CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING. WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL. THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY, 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 APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE. IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION, THE PETITION, THEY'LL BE QUESTIONED BY THE MEMBERS OF THE BOARD. ANY OPPOSITION TO THE REQUEST WILL BE PRES PRESENTED IN A LIKE MANNER. AFTER EVERYONE HAS HEARD THE CASE, IT WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION. IN ORDER FOR A MOTION TO CARRY. IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES. THE BURDEN OF PROOF AND GRANTING THE RELEASE SOUGHT RESTS WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISIONS OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL. SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW. BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. PLEASE LET ME YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS OF YOUR CASE STAFF. GOOD AFTERNOON. STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST. PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE FOR SPECIAL EXEMPTION AND PROPERTY WITHIN 200 FEET OF THE SUBJECT. PROPERTY CHECK MARKS INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUESTS AND X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION FOLLOWING THIS PRESENTATION AND ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THE REQUEST FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE OR SPECIAL EXEMPTION. YOU'LL BE CALLED IN ORDER THAT YOU SIGN UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM THREE MINUTES PER SPEAKER. YOU'RE NOT OBLIGATED TO UTILIZE A MAXIMUM TIME LIMITATION FOR THOSE THAT'D LIKE TO GIVE UP THEIR TIME TO A SPEAKER. THAT SPEAKER WILL BE ALLOWED OF MASKS ON TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU, CHAIRMAN. YES. SO I UNDERSTAND THAT [ Briefing and Possible Action on the following items  ] ITEM NUMBER TWO HAS BEEN POSTPONED. UH, AND THEN ITEMS NUMBER THREE, FIVE AND SIX ARE ALL REQUESTING CONTINUANCES TO OCTOBER 7TH. AND UH, ALSO THERE IS NO ONE SIGNED UP TO SPEAK OR VOICEMAILS ON THOSE THREE [00:05:01] UH, ITEMS REQUESTING A CONTINUANCE SO THE STAFF COULD PLEASE, UH, PRESENT, UM, A BRIEF, UH, ITEMIZATION OF THOSE CASES. WE'LL LOOK FOR A MOTION. ALRIGHT, SO ITEM NUMBER THREE, UM, BO OA 2 4 1 0 3 0 0 1 4 9 A REQUEST BY APEX SIGN GRIEF FOR A 10 FOOT VARIANCE FROM THE MAXIMUM 50 SQUARE FEET, UH, SQUARE FOOT VARIANCE FOR THE MAXIMUM 300 SQUARE FOOT TO ALLOW A 650 SQUARE FOOT SIGN LOCATED AT 15,000 IH 10, UH, STAFF. RECOMMENDED DENIAL IN DISTRICT EIGHT. ITEM NUMBER FIVE BOA, UH, 1 67, UH, REQUEST BY CLEAR VISION CONSTRUCTION, LLC FOR A 19 FOOT VARI FOR THE MINIMUM 25 FOOT FRONT SETBACK TO ALLOW A SIX FOOT FRONT SETBACK AND A NINE FOOT AND FOUR AND A HALF FOOT VARIANT FROM THE MINIMUM 15 FOOT BUFFER TO ALLOW A SIX FOOT BUFFER IN THE FRONT AND 10 FOOT SIX INCH BUFFER IN THE REAR, LOCATED AT 49 50 SAN PEDRO WITH STAFF RECOMMENDING APPROVAL ON DISTRICT ONE. AND ITEM NUMBER SIX, BO OA 1 68, REQUEST BY JOHNNY CANVAS HOLMES, LLC FOR A 10 FOOT VARIANT FROM THE MINIMUM AND 20 FOOT, UH, ACTUALLY, SORRY, THE, A 10 FOOT VARIANT FROM THE OF 20 FOOT, UH, REAR SETBACK TO ALLOW A 10 FOOT REAR SETBACK ON SEVEN LOTS. LOCATED AT 3 28 E SUNSET ROAD WITH STAFF RECOMMENDING APPROVAL IN DISTRICT 10. ALL OF THEM ARE REQUESTING OCTOBER 7TH. OKAY. IS THERE ANYBODY IN THE GALLERY THAT IS HERE FOR ANY OF THOSE THREE CASES? UH, SIR, DID YOU WANNA MAKE ANY REMARKS? UM, ARE YOU THE OBJECT, PLEASE, SIR? YEAH, PLEASE STEP UP AND STATE YOUR NAME. YEAH, MY NAME IS MARIANO MOLINA. YOU CAN TURN ON THE MIC. YEAH. MY NAME IS MARIANO MOLINA. I'M WITH, UH, 49 50 ST. PEDRO AVENUE, UH, REPRESENTING CLEARFIELD THAT OWNS THE PROPERTY. MM-HMM. . AND, UM, UH, WE, WE, WE BUILT A CARPORT, UH, YOU KNOW, AS A SHADE STRUCTURE AND, AND IT IS OVER A BACK ALLEY. SO THE SETBACKS, IF THE ADDRESS WAS OVER WILDWOOD, IT'S A CORNER PROPERTY, THEN WE'RE OKAY WITH THE SETBACKS, BUT THE ADDRESS IS OVER SAN PEDRO. 'CAUSE THE PREVIOUS OWNER HAD CHANGED IT. SO, SO THEN WE NEED A FURTHER SETBACKS, WE'RE ASKING FOR A VARIANCE ON THAT. UH, THE, THE NEIGHBORHOOD ASSOCIATION IS, IS, UH, IS A BA SORRY, ALAMO ALMOS PARK. EVERYONE IS TERRACE ALMO TERRACE PARK, SORRY. AND I SPOKE WITH, UH, WITH, UH, WITH, WITH LADY MS. MS. BETTY, WHO'S IN CHARGE OF IT. AND, UH, SHE WANTED TO MEET WITH ME FIRST, BUT SHE COULDN'T MEET LAST WEEK. SO, SO, SO SHE ASKED ME IF WE COULD MEET BEFORE, YOU KNOW, WE PRESENTED OUR CASE TO THE, TO THE, OH, OKAY. SO THAT'S COUNSEL. SO THAT'S THE PURPOSE OF THE CONTINUANCE. AND YES, SIR, WE LOOK FORWARD TO HEARING, UH, THEIR THOUGHTS AND, AND YOUR THOUGHTS. SO AT THAT TIME, ALL RIGHT, WELL, THANK YOU VERY MUCH. THANK YOU VERY MUCH. MM-HMM? ? YES, SIR. UH, ANYONE ELSE? ALL RIGHT. HEARING NONE. I'M LOOKING FOR A MOTION FOR CONTINUOUS ZUNA. COMMISSIONER ZUNA, I MOVE FOR CONTINUANCE ON THE CASES TILL OCTOBER 7TH. SECOND. SECOND BY COMMISSIONER BARRINGTON. ALL IN FAVOR? AYE. AYE. ANY OPPOSED? HEARING NONE. UH, MOTION PASSES UNANIMOUSLY. UH, THOSE THREE CASES ARE CONTINUED TO OCTOBER 7TH. AND REAL QUICK, YES. IS THERE A YOLANDA ALVARADO? WE'VE BEEN TRYING TO GET A HOLD OF THIS APPLICANT, UH, FOR ITEM NUMBER ONE WHO HAS NOT HEARD BACK, AND IT APPEARS SHE, THEY'RE NOT HERE SO FAR. OKAY. UH, WE'LL TELL YOU WHAT, UH, WE WILL, WE'LL SKIP THAT ONE FOR NOW. WE'LL CIRCLE BACK MAYBE, HOPEFULLY SHE'LL, UH, EMAIL OR REACH OUT, UH, DURING THE MEETING. ALL RIGHT. WE'RE GONNA MOVE ON TO ITEM NUMBER FOUR, LOCATED AT 2 2 2 BA BRIDGE AVENUE. ITEM NUMBER FOUR BOA 24 1 0 3 0 0 1 6 6. ADDRESS, 2 2 2 BAND BRIDGE AVENUE COUNCIL DISTRICT THREE. APPLICANT FRANK AND MARY, UH, M , UH, REQUESTS A TWO FEET VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A THREE FEET SIDE SETBACK. ZONING IS R FIVE. THE SUBJECT PROPERTY IS LOCATED ALONG BAND BRIDGE AVENUE, EAST OF PECAN VALLEY DRIVE, LOCATED WITHIN THE HIGHLAND HILLS NEIGHBORHOOD ASSOCIATION. THE APPLICANT IS SEEKING A SIDE SETBACK VARIANCE OF TWO FEET TO ALLOW CONSTRUCTION OF AN ATTACHED GARAGE TO THE RIGHT SIDE OF THE HOME FOR THE STATED PURPOSES OF PROTECTING THEIR VEHICLE FROM THE WEATHER. THE PROPOSED NEW STRUCTURE WILL PROVIDE THE REQUIRED 20 FOOT FRONT SETBACK FOR THE GARAGE IF APPROVED. THE APPLICANT WILL NEED TO COMPLY WITH ANY AND ALL NECESSARY FIRE CODES ASSOCIATED WITH A REDUCED SETBACK ACT AND A SITE PLAN. SUBJECT PROPERTY SURROUNDING AREA. STAFF RECOMMENDATION ON THE SIDE SETBACK VARIANCE, STAFF COMMENDS APPROVAL, AND BOA 2 4 1 0 3 0 0 1 6 6 BASED ON THE FOLLOWING FINDINGS [00:10:01] OF FACT, ADEQUATE SPACE BETWEEN BUILDINGS WILL REMAIN FOR THE PURPOSES OF FIRE SAFETY AND ALLEVIATING WATER RUNOFF CONCERNS, ENSU ADJACENT PROPERTIES, OTHER HOMES IN THE MEDIA AREA WERE SEEN BY STAFF TO ALSO BE WITHIN OR CLOSE TO SETBACKS. WE MAILED OUT 34 NOTICES RECEIVED ZERO IN FAVOR, ZERO IN OPPOSITION. HIGHLAND HILLS NEIGHBORHOOD ASSOCIATION DID NOT RESPOND AND NO PUBLIC COMMENT. AND THAT CONCLUDES STAFF PRESENTATION. THE APPLICANT IS AVAILABLE. ALL RIGHT. AND SO THE APPLICANT COME FORWARD. ALL, UH, HELLO. WHOEVER WOULD LIKE TO SPEAK, JUST ALL WE NEED TO HEAR IS YOUR NAME AND FRANK . MY WIFE MARY. ALRIGHT. THANK YOU VERY MUCH. PLEASE TELL US ABOUT YOUR PROJECT. OH, THE PROPERTY CAME WITHOUT A GARAGE, AND SO, UH, WE JUST NEED THE VARIANCE. IT'S PRETTY COMMON OUT THERE. THE, THEY'RE EVEN CLOSER. SO, UM, I DIDN'T THINK THERE'D BE AN ISSUE WITH IT. THE BOTH, THE HOUSE ON THE LEFT HAS A, LIKE A TWO FOOT VARIANCE. THE HOUSE ON THE RIGHT IS ALMOST ON THE FENCE LINE. UH, WE'RE ASKING FOR A THREE FEET VARIANCE SO WE CAN BUILD A GARAGE. OKAY. UH, JUST REALLY QUICKLY, I NOTICE THAT YOUR ROOF PITCH IS, UH, FROM THE FRONT OF THE HOUSE UP AND THEN BACK. ARE YOU GONNA CONTINUE THAT PITCH ACROSS THE GARAGE YOU WANT? YES, SIR. SO THE WATER WILL RUN OFF TO THE BACK AND THE FRONT NOT, NOT TO THE NEIGHBORS, YES, SIR. IS THERE ANY COMMISSIONER QUESTIONS? COMMISSIONER MANNA? SO, UM, I GUESS ONE OF THE QUESTIONS, SO WE'D LIKE TO TALK ABOUT SETTING THE RIGHT SIZING OF THE, THE VARIANCE. AND SO YOU HAVE A GARAGE AND THE, AND THE CARPORT. WHAT IS THE DEPTH OF THOSE TWO WITH REGARDS TO YOUR PROPERTY? SO HOW, HOW LONG IS YOUR GARAGE AND HOW, HOW LARGE IS IT GONNA BE YOUR SO THE BLUEPRINT? YEAH, IT'S, IT'S BLURRY HERE IN MY PICTURE, SO I COULDN'T TELL. SO, SO BASICALLY LOOKING FOR THE, I GUESS THE, UM, THE DEPTH OF YOUR HOUSE OR THE, OR THE, THE, YEAH, I GUESS THE WIDTH OF IT, I'D SAY IT'S ABOUT, UH, I DON'T HAVE MY, UH, IT'S ABOUT 14 FEET DEEP. THAT WAS FOR THE PATIO. AND THEN THE GARAGE IS ANOTHER 24 FOOT, 26 FOOT. OH, I DIDN'T BRING THE BIG PLANS. OKAY. I'M SORRY. I, I, SO FOR, FOR LEGAL, CAN A MOTION BE MADE TO JUST REFERENCE NOT TO EXCEED THE EXISTING, UH, DEATH OF THE HOME? YEAH. IT'S NOT GONNA BE BIG. AND JUST TO BE CLEAR, ARE YOU, ARE YOU FOLKS, UH, DEMOLISHING AND REBUILDING, OR ARE YOU JUST ADDING ON ON, WE'RE ADDING ON. OKAY. HE'S SPEAKING TO THE MIC. YEAH, WE'RE, WE'RE, WE'RE TEARING DOWN. UH, THE HOUSE IS, IS DOWNGRADED, ALL THE ELECTRICAL, ALL THE PLUMBING'S BAD. SO I MEAN, WE'VE ALREADY GUTTED IT OUT. ALL WE NEED IS THE GARAGE AND, AND WE'RE EXTENDING A BEDROOM IN THE BACK. SO I, IDEALLY WE WOULD LIKE A, A NUMBER NUMBER. YEAH. UM, AS CLOSE AS, AS YOU CAN GET. OKAY. IS THERE, IS THERE A NUMBER THAT YOU FEEL COMFORTABLE WITH THAT WOULDN'T, UH, THAT WOULD COVER THE, THE DEPTH OF, OF WHAT FOR, UH, FROM YOU TO HERE? WELL, I DIDN'T, I'VE GOT THE BLUEPRINTS. I'VE GOT THE BLUEPRINTS FROM OUR, OUR BUILDER. BUT, UM, THE COPY THAT I BROUGHT WITH ME, IF YOU CAN SEE, I DON'T HAVE A MAGNIFYING GLASS. AND IT'S, IT'S RIGHT ON THERE. SHE CAN PROJECT. I JUST WANNA LOOK AT IT REAL QUICK. JUST PROJECT. YEAH. I DON'T KNOW HOW CLEAR THAT'S GONNA END. MAKE IT OUT. IT'S NOT THAT MUCH. IT'S LIGHT. IT'S NOT THAT MUCH. IT'S FROM HERE. GARAGE? YES. AND THAT'S A THREE. THREE, YES. YES. LOOKS LIKE 24, 27 FEET. YEAH, SOUNDS ABOUT RIGHT. 27 DEEP. 27 FEET. 20, 27 FEET DEEP. YEAH. AND IT, I BELIEVE IT'S 14 ACROSS. I BELIEVE I'D PROBABLY RECOMMEND 30 FEET JUST TO BE SAFE. OKAY. WELL, THANK YOU. IS THERE ANY OF THE COMMISSIONER QUESTIONS? HEARING NONE. UM, WE'RE GOING TO ASK FOR MOTIONS. THE ELDER, THIS TURNS OUT, DOES ANYONE LIKE TO MAKE A MOTION? COMMISSIONER MANO? YES. REGARDING CASE NUMBER BO A 2 4 1 0 3 0 0 1 6 6, I MOVED THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A THREE FOOT SIDE SETBACK FOR A, UM, 30 FOOT ADDITION, UH, TO THE HOME SITUATED AT 2 2 2 BAINBRIDGE AVENUE. APPLICANT BEING FRANK AND, UH, MARY MONYA, UH, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER, THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE [00:15:01] IS NOT CONTRARY TO THE PUBLIC INTEREST. THE SIDE SETBACK VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS OTHER STRUCTURES ARE SEEN TO BE WITHIN SETBACKS IN THE IMMEDIATE AREA OF THIS PROPERTY IS LOCATED. AND FURTHERMORE, THE, UH, REQUIRED GARAGE FRONT SETBACK FOR THE NEW ADDITION AT THIS HOME WILL BE FULFILLED. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE SIDE SETBACK, SIDE SETBACK ORDINANCES WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT ON THE LOT WOULD BE UNABLE TO HAVE AN ATTACHED GARAGE FOR THE PURPOSE OF PROTECTING THEIR VEHICLES. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED SIDE SETBACK VARIANCE APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE AS THE LOT CAN MAINTAIN A SINGLE FAMILY DWELLING WITH ATTACHED GARAGE. AND NO AGGRAVATING FACTORS EXIST THAT PREVENT ACCOMMODATIONS FOR REDUCED SIDE SETBACK. FOUR. THE VARIANCE WILL NOT AUTHORIZED THE OPERATIONAL USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH IS VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, WHICH IS PROPERTY IS LOCATED. STAFF FINDS THIS, THAT THE SIDE SETBACK VARIANCE WILL NOT SUBSTANTIALLY ENTER THE APPROPRIATE USE OF ADJACENT PROPERTIES AS THE ADJACENT STRUCTURE APPEARS TO HAVE AN ADEQUATE SIDE SETBACK. AND THE NEW CONSTRUCTION WILL NEED TO ABIDE BY, UH, ALL FIRE MITIGATING STANDARDS. SIX, APPLY TO THE, UH, OWNER OF THE PROPERTY FOR WHICH THIS VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES OF EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT, WHICH THIS PROPERTY IS LOCATED. STAFF FINDS THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY IS THAT AN ATTACHED GARAGE CANNOT BE BUILT ON THIS PROPERTY WITHOUT A SIDE SETBACK, VARIANCE, PREVENTING PROTECTION OF VEHICLES IN A WAY THAT IS CONGRUENT WITH THE NEIGHBORHOOD AND DEMOTION. SECOND. SECOND BY COMMISSIONER BEES. COMMISSIONER. I MEAN, COMMISSIONER, CAN I ASK A QUESTION REAL QUICK? YES. UM, YOU WERE LIVING IN THIS TO 40 FEET, IS THAT CORRECT? I SAID 30 FEET AT 30 FEET. 30, OKAY. BECAUSE RIGHT NOW THE MEASUREMENTS FROM THE HOUSE TO THE END OF THE PATIO, I'M MEASURING AT 36 FEET CURRENTLY. OKAY. SO THEN WE'LL, I, I WILL AMEND IT THEN TO 40 FEET THEN. OKAY. THAT'S WHY LENGTH IS THAT, IS IT ACCEPTABLE? COMMISSIONER BEVI? I DON'T KNOW THAT WE NEED THIS. 'CAUSE WE SET A THREE FOOT VARIANCE ON THE SIDE, SO IT CAN'T BE ANY WIRE THAN THAT. SO I DON'T KNOW THAT WE NEED WIDTH. OKAY. SO LENGTH. UNLESS YOU, UNLESS YOU THINK WE SHOULD IT. OKAY. SO, SO THEN, SO I'LL ADJUST IT TO 40 FEET THEN. THANK YOU COMMISSIONER BENES. I AGREE. ALL RIGHT. UH, IS THERE ANY COMMISSIONER, UH, COMMENTARY? COMMISSIONER MANNA? SO, UM, SO I'LL BE, UH, VOTING IN FAVOR OF THIS FOR A COUPLE REASONS. ONE IS THAT, UM, AND LIKE WAS STATED THAT THERE ARE OTHER, UM, UM, HOLMES' NEIGHBORHOOD, UH, WITH SIMILAR, UM, STRUCTURES ALREADY IN PLACE. AND THEN ALSO I THINK BECAUSE WE'VE LIMITED IT TO, UH, YOU KNOW, TO THE LENGTH OF THE EXISTING HOUSE, YOU KNOW, I THINK IT, IT FITS IN NICELY AND IT'LL LOOK NICE. AND THEN I THINK ALSO THIRD, UH, WITH REGARDS TO THE SLOPE OF THE ROOF, UH, THERE WON'T BE ADVERSE RUN WATER RUNOFF TO YOUR NEIGHBORS. SO FOR ALL THOSE REASONS, I'LL BE VOTING IN FAVOR. ALL RIGHT. COMMISSIONER BEES, I AGREE WITH MY COLLEAGUE. IT WAS IMPORTANT FOR ME WAS THE SLOPE, WHICH, UM, IT'S IN LINE WITH YOUR HOME. SO I I I'LL BE IN FAVOR. ALRIGHT, ANY OTHER COMMISSIONERS LIKE TO ADD HEARING NONE? LET HAVE A ROLL CALL VOTE PLEASE. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER BARRINGTON? I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. CHAIR ORIAN. I CONCUR WITH THE FINDINGS OF FACT MOTION PASSAGE UNANIMOUSLY. CONGRATULATIONS. IF YOU DO HAVE ANY QUESTIONS YOU CAN ASK STAFF. THANK YOU COUNCIL MEMBERS. THANK YOU. OH, THANK YOU. YOU'RE WELCOME. THANK YOU . ALL RIGHT, ITEM NUMBER, UH, SEVEN, PLEASE. ARE WE GOOD? OKAY. ITEM NUMBER SEVEN IS BO A DASH TWO FOUR DASH 0 3 0 0 1 6 9. ADDRESS 2 37 AND 2 39 CARL AVENUE. UH, COUNCIL DISTRICT FIVE, APPLICANT BEING BICOASTAL VENTURES. LLC. UH, THE REQUEST IS FOR A 200 SQUARE FOOT VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT MINIMUM LOT SIZE TO ALLOW A RESIDENTIAL DEVELOPMENT ON 2 3800 SQUARE FOOT LOTS. ZONING IS R FOUR. SUBJECT PROPERTY IS LOCATED NORTH OF INTERSTATE 10 EAST, EAST OF SAN PEDRO CREEK, GREENWAY AND PARK ROW STREET ON CARL AVENUE. THE APPLICANT ON BEHALF OF THE PROPERTY OWNER IS REQUESTING A 200 SQUARE FOOT VARIANCE TO ALLOW RESIDENTIAL DEVELOPMENT ON TWO ABUTTING 3,800 SQUARE FOOT LOTS. THE BUILDING PERMITS ARE PENDING [00:20:01] THE OUTCOME OF THE BOARD OF ADJUSTMENT. THIS IS A SITE PLAN FROM THE AERIAL VIEW. THE SITE PLAN OF THE PROPERTY, UM, EACH HOME OR RESIDENTIAL DWELLING WILL BE MIRRORED ON EACH PROPERTY. SUBJECT PROPERTY, HISTORICAL VIEWS, AND THIS WILL BE THE SURROUNDING AREA. STAFF RECOMMENDATION FOR THE MINIMUM OUTSIDE OF THE VARIANT STAFF RECOMMENDS APPROVAL AND BO OA DASH 24 DASH 360 9. BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUEST WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD AND THE PROPERTY WILL BE ABIDING ALL OTHER DIMENSIONS AND SETBACK REQUIREMENTS. STAFF MAILED 44 NOTICES, ONE IN FAVOR, ONE IN OPPOSITION, ONE OUTSIDE OF 200 FEET WAS IN OPPOSITION. UH, ATTACHMENT IS NOT AVAILABLE AT THIS TIME TO BE UPLOADED AND THERE WAS NO RESPONSE FROM THE LONE STAR NEIGHBORHOOD ASSOCIATION. THE ONE IN FAVOR AND THEN OPPOSITION. THIS WAS A EMAIL CORRESPONDENCE. THEY DO HAVE A ACTUAL NOTIF NOTICE AS WELL. UM, BUT THAT I'LL UPLOAD ONCE WE ARE ABLE TO OBTAIN THAT THEY WERE WANTING MORE INFORMATION ON THIS PROPERTY WAS THEIR CONCERN. AND THAT CONCLUDES STAFF'S PRESENTATION AND I'M UNSURE IF THE APPLICANT IS AVAILABLE. OKAY? YEP, HE IS HERE. THE APPLICANT COME FORWARD. PLEASE, IF YOU COULD JUST STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. YES, HI, MY NAME'S CHRIS ROCHA. UM, AND WE WANT TO BUILD TWO SINGLE STORY HOMES HERE, OR ONE SINGLE STORY. AND THE SECOND ONE'S GONNA BE A TWO STORY. OKAY. AND, AND THEY'RE PLANTED LOT OLDER NEIGHBORHOOD. THEY JUST HAPPENED TO BE A LITTLE TOO SMALL. EXACTLY. ALRIGHT, UH, ARE THERE ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? CRUZ, COMMISSIONER CRUZ. UM, HOW LONG HAS THESE PROPERTIES BEEN, UH, VACANT? DO YOU KNOW? UH, I'M NOT TOO SURE. WE JUST ACQUIRED THE PROPERTIES A COUPLE MONTHS AGO, I THINK. I'M NOT TOO SURE HOW LONG THEY'VE BEEN VACANT FOR. UM, WE ARE ACTUALLY KEEPING THE TWO LARGE TREES. ONE IS ON 2 3 9 CARLY AND ONE IS ON 2 3 7. SO WE ARE UM, ACTUALLY RECONFIGURING THE ONE ON 2, 3 7 CARLY, UH, AND TRYING, WELL WE HAVE MET ALL THE SETBACKS AND ALSO, UH, STAYING AWAY FROM THE, THOSE TREES, I WOULDN'T BLAME YOU. THOSE WOULD BE HARD TO TAKE DOWN AND THEN TO REPLACE 'EM YOU WOULD HAVE EVEN MORE FUN. OKAY. I'M JUST WONDERING 'CAUSE I KNOW THEY'VE BEEN EMPTY FOR QUITE A WHILE AND ACCORDING TO WHAT THE MAP'S SHOWING SINCE 2007. SO JUST DOUBLE CHECKING. THANK YOU. YOU'RE WELCOME. ALRIGHT, ANY OTHER QUESTIONS? MANNA COMMISSIONER MANNA. SO, SO RIGHT NOW IT SHOWS ONE CURB CUT. SO YOU'LL BE ADDING THE SECOND CURB CUT FOR THE SECOND HOME, CORRECT? UH, YES SIR, THAT'S CORRECT. AND THEN, UM, AND THEN, UH, THERE ARE NO OTHER, UM, UH, VARIANCES THAT YOU'RE SEEKING, SO, SO YOU'LL BE, UH, UH, ABIDING BY ALL THE SIDE AND BACK AND FRONT SETBACKS. CORRECT? I'M MEETING THE FIVE FOOT SETBACKS, THE REAR SETBACKS IN THE FRONT, MINIMUM SETBACKS. OKAY, PERFECT. ALL, UH, STAFF. IS THERE ANYONE SIGNING UP TO SPEAK ANY VOICEMAILS? NO VOICEMAILS, BUT THERE IS ONE PERSON SIGNING UP TO SPEAK RIGHT NOW. ALRIGHT, WELL, SIR, WHAT WE'RE GONNA DO IS WE'RE GONNA HEAR FROM, UH, THE, THE RESIDENT WHO SIGNED UP TO SPEAK AND, AND WE MIGHT HAVE SOME MORE QUESTIONS. OKAY? YES, SIR. DO I SIT DOWN? JUST ONE SECOND. OKAY. SHE'S SIGNING UP WITH THE INCIDENT RIGHT NOW. OH, SO NO, NO. UH, PUBLIC COMMENTARY. ALL RIGHT. SO IF THERE'S NO OTHER QUESTIONS, UM, LOOKING FOR A MOTION. BRAGMAN COMMISSIONER. BRAGMAN COMMISSIONER, MAN, DO YOU HAVE A QUESTION? SO, I'M SORRY, THE, THE, THE WOMAN IN BLUE, DID YOU HAVE A QUESTION? SO, SO SHE WAVED HER HAND, SO I'M NOT SURE. NO, UM, SHE JUST HAS SOME QUESTIONS THAT VINCENT WAS ABLE TO ANSWER. OKAY, PERFECT. ALL RIGHT. COMMISSIONER BRAGMAN. OKAY, REGARDING CASE NUMBER BO OA DASH 24 DASH 1 0 3 0 0 1 69, I MOVE THE BOARD ADJUSTMENT GRANT REQUEST FOR A 200 SQUARE FOOT VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT MINIMUM LOT SIZE TO ALLOW RESIDENTIAL DEVELOPMENT ON 2 3800 SQUARE FOOT LOTS SITUATED AT 2 3 7 AND [00:25:01] 2 3 9 CARL AVENUE, APPLICANT BEING CHRISTOPHER ROCHA BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS THAT THE LITTLER ENFORCEMENT IN THE, OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. STAFF FINDS THIS REQUEST IS NOT CONTRARY TO PUBLIC INTEREST AS THE APPLICANT IS ABIDING BY THE SETBACK REQUIREMENTS, WHICH WILL NOT INFRINGE ON THE NEIGHBORING PROPERTIES. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. WITHOUT THIS VARIANCE, AN UNNECESSARY HARDSHIP WILL PREVENT THE APPLICANT FROM DEVELOPING, UH, THESE LOTS. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. ALL OTHER BUILDING REQUIREMENTS SUCH AS SETBACK, MINIMUMS, BUILDING HEIGHT AND DENSITY ARE ALL BEING ABIDED BY THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED BY GRANTING THIS VARIANCE. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIS WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY'S LOCATED. STAFF HAS FOUND THAT THE 300, 200 SQUARE FOOT VARIANCES FOR THE ABUTTING LOTS WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. AND SETBACK REGULATIONS WILL ENSURE ADJACENT PROPERTIES REMAIN UNINJURED. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCES ARE SOUGHT OR DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS LOT SIZE AND DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION. SECOND. SECOND BY COMMISSIONER BENAVIDEZ. COMMISSIONER BRAMAN. UM, I'LL BE IN SUPPORT OF THE, UH, VARIANCE FOR, UH, SEVERAL REASONS. UH, ONE, THE FACT THAT ALL THE SETBACK, UH, REQUIREMENTS ARE GONNA BE ADHERED TO. UM, AND THE FACT THAT THIS IS A MINOR VARIANCE, 200 SQUARE FEET OUT OF 4,000, UM, AND THE FACT THAT, UH, WE ARE IN A HOUSING SHORTAGE. AND SO BUILDING, UH, AVAILABLE PROPERTIES, UM, WILL ONLY HELP OUR CIRCUMSTANCES. SO I'LL BE IN SUPPORT. GREAT. COMMISSIONER BEES. I CONCUR WITH MY COLLEAGUE. AND ALSO THE FACT THAT YOU ARE, YOU ARE, UM, CLEANING UP THE EMPTY LOTS AND YOU'RE PUTTING SOMETHING IN THERE THAT I, I WILL BE IN FAVOR OF THE MOTION AS WELL. THANK YOU. ANY OTHER COMMISSIONERS LIKE TO ADD HEARING KNOWS. HAVE A ROLL CALL VOTE. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER OZUNA? I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. THANK YOU. THANK YOU. I I GUESS WE'RE ON ITEM NUMBER EIGHT AT EIGHT 11 SAN PEDRO. ALRIGHT, BILL A 24 1 0 3 0 0 1 7 0 ADDRESS, 8 1 1 SAN PEDRO AVENUE COUNCIL DISTRICT ONE APPLICANT. ROLANDO MARTINEZ. I REQUEST FOR A 16 FOOT VARIANCE FROM THE MAXIMUM 24 FOOT HEIGHT TO ALLOW A 40 FOOT, UH, TALL SIGN. HEIGHT ZONING IS C TWO P. THE SUBJECT PROPERTY IS LOCATED ALONG SAN PEDRO AVENUE, SOUTH OF WEST LAUREL STREET. LOCATED WITHIN THE GARDENDALE NEIGHBORHOOD ASSOCIATION. THE APPLICANT IS REQUESTING A SIGN HEIGHT VARIANCE FOR A FOOD SERVICE ESTABLISHMENT ALONG SAN PEDRO AVENUE. THE STREET CLASSIFICATION IS ARTERIAL B COLLECTOR. THE SIGN CODE PRESCRIBES A MAXIMUM 24 HEIGHT AND THE APPLICANT IS REQUESTING A 16 FOOT VARIANCE TO ALLOW A 40 FOOT SIGN HEIGHT AND THE SITE PLAN. SUBJECT PROPERTY AND SURROUNDING AREA SURROUNDING AREA. STAFF RECOMMENDATION FOR THE SIGN HEIGHT VARIANCE STAFF RECOMMENDS NILE AND BOA 24 1 0 3 0 0 1 7 0 BASED ON THE FOLLOWING FINDINGS OF FACT, THE VARIANCE WILL ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD AND THE SIGN HAS NOT BEEN CONSTRUCTED PER SITE VISIT [00:30:01] AND PLANS CAN BE ALTERED TO BE COMPLYING. STAFF MAILED OUT 16 NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION. GARDENDALE AND TOBIN HILL COMMUNITY NEIGHBORHOOD ASSOCIATIONS DID NOT RESPOND. AND THE SAN ANTONIO, TEXAS DISTRICT ONE RESIDENT ASSOCIATION DID NOT RESPOND AND NO PUBLIC COMMENT, BUT WE DO HAVE A VIA REPRESENTATIVE HERE TO SPEAK. ALRIGHT, THANK YOU. AWESOME. OKAY, IF YOU COULD JUST STATE YOUR NAME AND YES SIR. TELL US YOUR THOUGHTS, SIR. UH, GOOD AFTERNOON. MY NAME IS ROLANDO MARTINEZ. I'M SPEAKING ON BEHALF OF THE OWNER OF MR. TERRY CANALES. MM-HMM. . HE'S THE OWNER OF THE MEXICAN NATA POCA MEXICAN RESTAURANT. I'M ALSO SPEAKING ON BEHALF OF AGUIRE SCIENCE. RONALDO AGUIRE IS THE MASTER SIGN CONTRACTOR IN CHARGE OF THIS PROJECT. AND SO WE ARE REQUESTING THE 16 FOOT VARIANCE TO INSTALL THE 40 FOOT SIGN HEIGHT. NO, WE, THIS IS THE 10TH TACO POLANCO OPENING HERE IN SAN ANTONIO. AND SO WE TRULY BELIEVE THAT ENHANCING THE VISIBILITY OF THIS SIGN WILL ONLY AID OUR ULTIMATE GOAL, WHICH IS ESTABLISHING ANOTHER SUCCESSFUL BUSINESS FOR THE COMMUNITY OF SAN ANTONIO FOR ALL STAKEHOLDERS INVOLVED. WHETHER THAT'S EMPLOYEES AND JOB CREATION. UH, MORE ECONOMIC ACTIVITY IN THIS AREA. THIS IS ALSO AN, A RESTAURANT CLOSER TO THE DOWNTOWN SAN ANTONIO AREA. SO IT CAN PROVIDE ANOTHER ATTRACTION FOR TOURISTS. ANOTHER OPTION AS WELL, AS WELL AS, YOU KNOW, AS WELL AS THE CITY ITSELF AND, AND TAX REVENUE THAT IT CAN BRING. YOU KNOW, TACO POLANQUE HAS ESTABLISHED A STRONG BRAND REPUTATION WITH ALL THESE CUSTOMERS HERE IN SAN ANTONIO. AND SO THIS ENHANCING THE VISIBILITY WILL ONLY HELP WITH THAT. AND, UH, I ALSO WANNA MENTION THAT THE SURROUNDING AREA ALSO HAS OTHER SIGNS TALLER THAN 24 FOOT. AND SO WE AT LEAST WANNA ACHIEVE COMPETITIVE PARODY WITH THIS, ESPECIALLY SINCE THEY'RE FOOD ESTABLISHMENTS. SO WE AT LEAST WANNA ACHIEVE COMPETITIVE PARITY WITH THEM. AND, UM, ONE THING THAT I ALSO WANNA MENTION IS THAT WE HAVE A, WE ALREADY HAVE A SIGNED PERMIT APPROVED OH, TO, I'M SORRY, I'M THINKING. WE HAVE A SIGNED PERMIT, UH, TO CURRENT CODE AND WE SUBMITTED ENGINEER DRAWINGS AND THE COLUMN AND THE FOOTING THAT WOULD BE USED FOR THE SIGN. WE SUBMITTED DRAWINGS FOR A SIGN THAT CAN, OR FOR A SIGN, UH, ENGINEERING DRAWING THAT WILL WITHSTAND A 40 FOOT SIGN. SO ANY VARIANCE GRANTED TODAY, UH, THE TRANSITION TO INSTALLING THE NEW SIGN. IT'S, UH, IT HAS ALREADY BEEN APPROVED. OKAY. SO A COUPLE QUESTIONS ON THE PERMIT THAT YOU'RE SHOWING US NOW. IT SAYS, UH, THE SCOPE OF WORK IS FOR A 24 FOOT TALL SIGN. UH, DID YOU INFORM THE CITY THAT IT WAS, YOUR INTENT WAS 40 BECAUSE THEY ISSUED YOU A PERMIT FOR A 24 FOOT? YES, SIR. UH, THERE WERE. OKAY. AND THEN THE, THE SECOND THING IS, IS, UH, WHEN YOU GO DOWN, UH, GOOGLE STREET VIEW YES SIR. IT LOOKS LIKE THE ONLY FOOD ESTABLISHMENT THAT HAS A HIGHER SIGN IS A MCDONALD'S FURTHER DOWN THE STREET. IS THERE ANOTHER FOOD ESTABLISHMENT NEARBY THAT YOU'D LIKE TO POINT OUT? YES, SIR. WE, WHAT I DID PROVIDE PICTURES WITH OUR, UH, WITH OUR REQUEST OF, OF MANY OTHER SIGNS AROUND THE AREA. THERE'S A, IT'S NOT NECESSARILY THAT THEY'RE 40 FOOT HIGH, BUT THEY'RE AT LEAST TALLER THAN 24. SO THERE'S A PIZZA HUT NEARBY. THERE'S EVEN THE, THE AL UH, ESTABL ESTABLISHMENT NEXT DOOR. IT'S TALLER THAN 24 FOOT TALL. UH, I MEAN THERE I TOOK SEVERAL PICTURES OF SURROUNDING SIGNS THERE. OKAY. IS THERE ANY OTHER COMMISSION QUESTIONS? CRUZ? COMMISSIONER CRUZ? UM, YOU'RE ASKING FOR 40 FEET AND I KNOW THAT THIS IS SAYING 24. UM, DID THE SIGN INSPECTOR GO OUT TO THE AREA? 'CAUSE I KNOW MCDONALD'S HAS ALWAYS HAD HIGH, HIGH SIGNS, BUT OF COURSE THEY'VE BEEN HERE FOREVER. MM-HMM. . SO, UM, I'M JUST NOT SURE OF WHAT ELSE IS CLOSE BY. I DIDN'T THINK PIZZA HUT WAS THAT HIGH, BUT HOW ABOUT OUR INSPECTOR CAN ANSWER THOSE QUESTIONS FOR ME. SO SIR, WHAT WE'RE GONNA DO IS, UH, WE HAVE ONE OF OUR, UH, UH, SIGN INSPECTORS HERE. OH, OKAY. GREAT. AND WE'D LIKE TO HEAR SOME INSIGHT FROM THEM. YES, SIR. THANK YOU. GOOD AFTERNOON. MY NAME'S ARTUR ZA. I'M THE CHIEF SIGN INSPECTOR. AND TO YOUR ANSWER YOUR QUESTION ON THE APPLICATION, WHEN IT WAS SUBMITTED, IT WAS BASED ON THE 24 AND ONE 50, WHICH IS WHAT THE URBAN CORRIDOR ALLOWS AND WHAT THE STREET CLASSIFICATION ALLOWS THE CONTRACTOR KNEW AT, AT THE FRONT. HE SAYS, WELL, CAN WE AT [00:35:01] LEAST GET THE BASE PERMIT FOR IT? AND THEN WE GET APPROVED BY THE, BY THE BOA, THEN WE COULD JUST INCREASE THE HEIGHT. SO WE WON'T DO ANY INSTALLATION UNTIL THIS GETS SATISFIED. OKAY. THAT, THAT MAKES SENSE. UH, COMMISSIONER CRUZ, DID YOU HAVE ANY FOLLOW UP QUESTIONS? SO, UM, I KNOW MCDONALD'S IS AT LEAST 50 AND I'M NOT SURE ABOUT THE PIZZA HUT. DO YOU, DO YOU RECALL HOW HIGH THAT ONE IS? AND I KNOW MOST OF THEM HAVE BEEN THERE OVER 10 YEARS, SO IT'S KIND OF HARD TO SAY. YES. ALL THOSE SIGNS ARE NOW CONSIDERED NONCONFORMING BECAUSE THEY DON'T MEET OUR CURRENT CODE. SO ALL THEY CAN DO TO THOSE SIGNS IS REPHRASE THE EXISTING SIGN. THEY CAN NEVER ALTER THE STRUCTURE OR THE CABINET. CORRECT? YES, MA'AM. I DON'T WANTED TO MAKE SURE I I STILL REMEMBERED THE CODE. THANK YOU SIR. COMMISSIONER MANNA. SO, UM, THERE'S A BUDDING PROPERTIES, UM, STARBUCKS, UM, AND THERE'S, UM, A PEDESTAL ON IT. DO YOU KNOW WHAT THE SIGN HEIGHT ON THAT, ON THE BUDDING PROPERTY IS NEXT DOOR? IF YOU WERE TO GUESS, OR IF YOU TAKE A LOOK AT GOOGLE STREET, UM, IF YOU SHOW IT. AND THEN ALSO IT APPEARED THAT THERE WAS ALREADY, UM, FOR THE PREVIOUS RESTAURANT, THERE WAS A POSTING THERE AS WELL. I'M ASSUMING THAT'S BEING REMOVED. AND DO WE KNOW WHAT THE HEIGHT OF THAT WAS? THAT WAS LIKE A 16 FOOT SIGN? I BELIEVE SO, SO SO 16 FOOT. SO IT'LL BE TALLER THAN THE EXISTING ONE. AND IT LOOKS LIKE THE STARBUCKS ONE IS, IS ACTUALLY LOWER THAN IT. UM, IF YOU GO TO THE STREET VIEW AND FACE TOWARDS THE PROPERTY STREET VIEW, WE'RE GETTING UP. YEAH. PART OF, PART OF OUR REVIEW BEFORE WE ISSUE A PERMITS, WE HAVE TO ENSURE THAT THE EXISTING SIGNS ARE REMOVED AND THEY MEET CURRENT SPACING FROM ANY OTHER SIGN ON THE PROPERTY AND AS WELL AS THE SETBACK. WELL, THE POINT WAS, I GUESS THERE WAS A PREVIOUS SIGN THERE THAT WAS LOOKED LIKE IT WAS UNDER THE 24 FOOT THAT WAS ALREADY THERE. THAT'S BEING REMOVED. YES, SIR. UM, SO FOR, FOR THAT BUSINESS. RIGHT. AND THEN, AND THE BUDDING PROPERTY. SO THAT PROBABLY IS ALSO CLOSER TO THE 16 FOOT HEIGHT THERE. ALRIGHT. ALL RIGHT. ANY OTHER COMMISSIONER QUESTIONS? ALL RIGHT, THANK YOU VERY MUCH. YES, SIR. UM, SO WAS THERE SOMEBODY SIGN UP TO SPEAK? YEP, WE GOT THE MR. AL. ALRIGHT, LET SPEAK. OKAY, SIR, WE'RE GONNA HEAR FROM, UH, THE CITIZEN SIGNED UP. IF YOU COULD STATE YOUR NAME AND TELL US YOUR THOUGHTS. MM-HMM, . GOOD AFTERNOON. MY NAME IS DANIEL AL. I'M THE STRATEGIC PLANNING MANAGER FOR VIA METROPOLITAN TRANSIT. AND I THINK I HAVE A PRESENTATION. MM-HMM. BECAUSE IT'S A VERY, IT'S EASIER TO CONVEY VISUALLY. UH, WE WERE AWARE OF THIS CASE LAST FRIDAY. THIS IS A DRAFT PRESENTATION. BUT, UH, BASICALLY NEXT SLIDE. THE ISSUES THAT AS MANY OF YOU KNOW, UH, WE'RE HEADQUARTERED, UH, JUST ONE BLOCK NORTH, OR ONE AND A HALF BLOCK NORTH TO THIS LOCATION. AND WE ARE EMBARKED IN THE GREEN LINE PROJECT, WHICH IS AN ADVANCED, UH, RAPID TRANSIT MULTIMILLION DOLLAR PROJECT THAT WILL HOPEFULLY, UH, SIGN, UH, AFFECT SIGNIFICANTLY OR ENHANCE THE MOBILITY IN SAN ANTONIO. UM, CONNECTING THE AIRPORT TO STEEPS AVENUE AT THIS POINT. UH, SO THIS PROJECT IN THIS BLOCK, IN THIS CITY BLOCK IS MEANT TO HAVE THE BUSES, THE NEW BUSES RUNNING CENTER, UH, LANE, WHICH MEANS THE LANES WILL BE TO THE CENTER OF THE MEDIUM AND CARS WILL BE ON THE SIDES. THE BLUE RECTANGLE YOU SEE ON THE SCREEN WOULD BE THE STATION. SO PEOPLE CROSS SAFELY THROUGH CROSSWALKS AND WAIT THERE, GET THEIR TICKET THERE AND THEY WILL EMBARK OR GET OFF THE BUS, UH, AT THOSE LOCATIONS. UH, BECAUSE OF THIS, WE NEED TO MAKE ROOM IN THESE LOCATIONS AND MANY OTHER BLOCKS. UH, SO THE RED LINE YOU SEE TO THE TACO PALENQUE OR CURRENTLY, UH, SONIC ESTABLISHMENT, UH, WILL HAVE TO MOVE A LITTLE. SO WE, WE ARE GOING TO HAVE A, A RIGHT, UH, TURNING LANE TOWARDS CYPRUS, NOT TO INTERRUPT THE, UH, FLOW OF TRAFFIC FOR PEOPLE GOING, UH, SOUTH, MORE SOUTH, UH, TO DOWNTOWN ON, ON THAT LOCATION. SO AT THAT LOCATION THERE WILL BE A TRAFFIC LANE AND THE BUS LANE, AND THEN THE RIGHT TURNING LANE. SO THAT'S WHY WE WILL NEED TO PUSH THE CURRENT CURB FARTHER NORTH. UM, IF YOU GO TO THE NEXT SLIDE, SO THE RED CIRCLES ARE THE CURRENT LOCATIONS OF THE POSTS, ELECTRICAL POSTS, AND THE BLACK ONE IS THE ONE THAT WE WILL BE PROPOSING TO RELOCATE. SO WE SHARE THIS, UH, PROJECT WITH, UH, THIS IS TECHNICALLY 65%, UH, CON CONSTRUCTION DOCUMENTS. AND WE SHARE THIS WITH DEVELOPMENT SERVICES IN AUGUST 16TH. SO WE NEED TO, UH, PUSH THAT POST FARTHER NORTH BECAUSE OF WHAT I EXPLAINED, TRYING TO CREATE THAT, UH, RIGHT TURNING LANE. UH, AND THE ELECTRICAL LINES THEMSELVES WILL BE 45 FEET TALL. SO [00:40:01] THERE'S A REQUIREMENT OF A 10 FEET, UH, DISTANCE FROM ANY ELECTRICAL IN ANY DIRECTION, EITHER HORIZONTAL OR VERTICAL. OR ACTUALLY IT WOULD BE LIKE A CYLINDER RIGHT? ALL AROUND THAT, UH, LINE. SO ANYTHING TALLER THAN 35 OR 30, OR ACTUALLY 35 OR TALLER WOULD BE IN CONFLICT WITH OUR PROPOSED RELOCATED, UH, LINE. SO, UH, NOT NECESSARILY OPPOSING THIS CASE WE'RE JUST OPPOSING AS IT HAS BEEN PRESENTED, OR PROBABLY WE WILL BE ASKING MORE SPECIFICALLY FOR A CONTINUANCE OF THIS CASE UNTIL OUR TECHNICAL TEAMS, UH, GET TO A SOLUTION OR A COMPROMISE. WE WILL BE PUTTING, JUST TO CLARIFY WHY WE NEED TO PUT THOSE LINES, UH, 45. SO IN BOTH, UH, AT THE CORNER OF CYPRUS AND LAUREL, UH, WE WILL BE PROVIDING ALSO NEW LIGHTING. SO THAT'S WHAT THE ELECTRICAL YEAH, THANK YOU. UH, WELL THE, YEAH. IN THAT CORNER. IN THAT CORNER, WE'LL, UH, PROPOSING, PROPOSING NEW LUMINARIES. SO THAT IS WHY WE WILL BE RAISING THE ELECTRICAL LINE TO 45 FEET. SO IN GENERAL, THIS PROJECT, AS YOU MAY KNOW, IS NOT ONLY ABOUT BRINGING THOSE BUSES, BUT ALSO MAKING ENHANCEMENTS SO IT'S SAFER FOR PEOPLE TO ACCESS THIS, UH, THIS, UH, SERVICE BOTH WITH CROSSWALKS, SOME, UH, GAPS IN SIDEWALK WE WILL BE COVERING AS PART OF THIS PROJECT. AND ALSO LIGHTING. NEXT, UH, SLIDE. THIS IS LIKE A ZOOM IN OF THE, WHAT I MEANT. SO IN RED, THAT'S THE CURRENT POST. UH, THE RECTANGULAR RED, UH, THE RED, YES. THAT'S THE PROPOSED SIGN. SO IF WE RELOCATED TO THE BLACK CIRCLE, THAT WILL NO LONGER BE 10 FEET, UH, AWAY. UH, NEXT SLIDE. YEAH. SO WE'RE FORMALLY ASKING FOR AT LEAST A CONTINUANCE OF THIS CASE. UH, THANK YOU, UH, VERY MUCH FOR YOUR SERVICE AND YOUR CONSIDERATION AND AVAILABLE FOR QUESTIONS. AND, AND THE 45 FOOT ELECTRICAL HEIGHT THAT IS MM-HMM. WHAT'S GONNA HAPPEN? THAT IS OUR PROJECT. YES. WE WILL PAY FOR THAT. WE WILL RELOCATE THAT. OKAY. MM-HMM. BECAUSE IF THEY, IF HE PUTS A SIGN AT 40, IT'S GONNA BE WITHIN 10 FEET OF THE OUTER, UH, PRIMARY LINE. RIGHT? ALRIGHT. RIGHT. MANNA? YES. COMMISSIONER MANNA. SO, SO YOU'RE, YOU'RE ASKING FOR A CONTINUANCE, UM, SO THAT YOU COULD HAVE MORE DIALOGUE WITH REGARDS TO, UM, I GUESS THE PLACEMENT OF THE SIGN IS WHAT I'M UNDERSTANDING. MM-HMM. . UM, AND, UM, IS THAT CORRECT? YES. WE'RE NOT OPPOSED TO THE SIGN ITSELF. IT'S, IT, IT, IT JUST CAN'T BE IN THAT LOCATION AT THAT HEIGHT. SO I GUESS THE QUESTION I WOULD ASK FOR, UM, YOU KNOW, IS, YOU KNOW, IF WE'RE TALKING ABOUT THE SIGN HEIGHT AS WHAT IS BEING REVIEWED HERE, THEN DOES THAT RETIRE REQUIRE CONTINUANCE? IF IT'S A MATTER OF HOW FAR FROM THE CURB IT NEEDS TO BE? NO, IT'S, IT'S JUST A HEIGHT ISSUE. RIGHT. SO, SO THE ONLY THING THAT COULD, IF THE APPLICANT WERE TO STATE THAT HE WAS GOING TO INSTALL THE SIGN FURTHER BACK, BUT THAT'S NOT PART OF WHAT'S BEFORE US. AND, AND, AND, AND THAT, AND THAT'S ONLY IF A, A COMMISSIONER FEELS LIKE THAT MATTERS TO THEM. RIGHT. SO DOES THAT MAKE SENSE? WHAT, WHAT WE'RE TALKING ABOUT? SO, SO WE'RE, WE'RE SPECIFICALLY TALKING ABOUT THE HEIGHT OF THE SIGN ITSELF AND NOT NECESSARILY THE DISTANCE TO THE STREET. AND THAT'S GONNA BE ANOTHER DIALOGUE THAT, THAT Y'ALL WILL NEED TO HAVE WITH, WITH THE, WITH REALLY ALL OF THOSE BUSINESSES TO MAKE SURE THAT THEIR SIGNS ARE IN COMPLIANCE. MM-HMM. WITH REGARDS TO YOUR NEEDS WITH REGARDS TO BEING SPACED FROM THE STREET ITSELF. YEAH. YEAH. AND, AND ONE THING IS THIS BOARD CAN'T SET CONDITIONS. SO LIKE WE COULDN'T, WE COULDN'T APPROVE A MOTION FOR A SIGN HEIGHT ON THE CONDITION THAT IT WAS 10 FEET AWAY FROM WHEREVER THE ELECTRICAL LINES END UP ACTUALLY BEING INSTALLED. MM-HMM. . SO WE, WE, WE DO APPRECIATE, 'CAUSE THAT'S, THAT WAS ACTUALLY VERY IMPORTANT TO ME TO HEAR THAT, THAT, THAT THEY WERE GONNA BE PUT AT 45 BECAUSE, YOU KNOW MM-HMM. THAT'S, I, I, THAT'S THE KIND OF INFORMATION I'D LIKE TO KNOW, BUT IS THERE ANY, UH, COMMISSIONER QUESTIONS? UH, FOR THE SPEAKER? I HEARING NONE. THANK YOU VERY MUCH FOR THANK YOU POINTING THAT OUT FOR US. UM, LET'S HAVE THE APPLICANT COME BACK UP. YES, SIR. SO YOU HEARD, YOU HEARD, UH, COMMENTARY FROM THE PUBLIC. YEAH. UNDERSTOOD. DO YOU HAVE ANY REBUTTAL OR ANY ADDITIONAL INFORMATION FOR US TO CHAIR? UH, CAN WE, CAN WE ASK THE APPLICANT IF, IF HE COULD POSSIBLY LOOK TO REDUCE THE HEIGHT SO THAT IT STAYS CLEAR OF THE ELECTRICAL LINES IF IT'S LOCATED WITHIN ANY OF THAT 10 FOOT BUFFER AREA? OKAY. UH, SO IT IS A WAVE 10 FEET FROM THE CURRENT POST LINE, UH, FROM THE CURRENT CURRENT ELECTRICAL UTILITY LINE. WELL, BUT, BUT IT, BUT WE JUST HEARD, WE JUST HEARD THAT IT'S GONNA BE MOVED AND, AND IT'S GONNA BE AT 45 FEET TALL. MM-HMM. . AND SO IF YOU HAVE ASSIGNED BASICALLY ANY HIGHER THAN 35 FEET MM-HMM. IT COULD POST CONFLICT WITH THAT UTILITY PRIMARY LINE, WE CAN STEP AWAY A LITTLE FURTHER BACK THAN, UH, TO COMPLY WITH, WITH THEIR WELL, BUT THE PROBLEM IS WE CAN'T MM-HMM. , THIS, THIS COMMISSION DOESN'T GET INTO WHETHER YOUR SIGN IS OKAY. THE SPACING OF HOW CLOSE IT IS. IT'S JUST SIMPLY THE HEIGHT. OKAY. UH, AND SO, UM, I THINK HE MENTIONED 35 [00:45:02] AT 35, NO PROBLEM. 35 WOULD AT LEAST ENSURE YOUR, YOUR 10 FEET AWAY FROM, FROM THE UTIL FROM ANY UTILITY POLE RELOCATION. MM-HMM. . OKAY. THAT AC WE'LL BE FINE WITH THAT. OKAY. THAT DOESN'T MEAN IT'S GONNA, I KNOW, I KNOW IT'S IN A MESS, BUT IT'S, YEAH, NO, I UNDERSTAND. OKAY. BUT WE CAN, UH, ACCOMMODATE TO THAT. YES, SIR. OKAY. SO YOU'VE HEARD THAT FROM, FROM THE APPLICANT THAT HE, IS THERE ANYTHING LOWER THAN 35 THAT YOU CAN LIVE WITH ANYTHING LOWER THAN 35? WELL, AGAIN, YOU KNOW, THIS COMMISSION CAN DO ANYTHING BETWEEN WHAT YOU ASKED FOR AND THE 24 FEET AND YOU DO NEED NINE VOTES. RIGHT. SO IF THERE'S ANYTHING THAT YOU WOULD LIKE TO SUGGEST, UH, BEFORE WE, UH, ENTERTAIN A MOTION, WE'D LOVE TO HEAR. UM, YES, SIR. I THINK BETWEEN 32 AND 35 IT'S FINE. OKAY. MM-HMM, , SO YOU'VE HEARD THAT FROM THE APPLICANT BETWEEN 32 AND 35 IS SOMETHING THAT THEY WOULD APPRECIATE AND POTENTIALLY LIVE WITH. SO WITH THAT, I'M LOOKING FOR A MOTION O ZUNA COMMISSIONER ZUNA, REGARDING CASE NUMBER BO EIGHT DASH 24 DASH 0 3 0 70. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR A 11 FOOT VARIANCE FROM THE MAXIMUM 24 FOOT HEIGHT VARIANCE TO ALLOW A 35, UH, FOOT SIGN HEIGHT THAT'S SITUATED AT EIGHT 11 ST. PEDRO AVENUE, APPLICANT BEING ROLANDO MARTINEZ. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN A NECESSARY HARDSHIPS, SPECIFICALLY FIND THAT ONE A VARIANCE IS NECESSARY BECAUSE STRICT ENFORCEMENT OF THIS ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNS ON THE SITE CONSIDERING THE UNIQUE FEATURES OF THE SITE AS ITS DIMENSIONS, LANDSCAPE, TOPOGRAPHY ON THIS CASE, ELECTRICAL LINES. UM, AND A DENIAL OF THE VARIANCE WOULD PROBABLY CAUSE A CESSATION OF LEGITIMATE LONGSTANDING ACTIVE COMMERCIAL USE OF THE PROPERTY. THE PROPERTY IS CURRENTLY PERMITTED AT 24 FOOT SIGN HEIGHT WITH 150 SQUARE FEET. THE PERMITTED DIMENSIONS MAKE THE VARIANCE, UM, NECESSARY BECAUSE STRICT ENFORCEMENTS ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNS ON THE SITE CONSIDERING THE UNIQUE FEATURES OF THE SITE SUCH AS DIMENSIONS, LANDSCAPING AND TOPOGRAPHY. AND THREE, AFTER SEEKING ONE OR MORE OF THE FINDINGS SET FORTH AND SUBPARAGRAPH ONE AND TWO ABOVE, THE BOARD FINDS THAT A GRANTING THE VARIANCE DOES NOT PROVIDE THE APPLICANT WITH A SPECIAL PRIVILEGE, NOT ENJOYED BY OTHERS SIMILAR, SIMILARLY SITUATED OR POTENTIALLY SIMILARLY SITUATED. THE PROPOSED SIGN DOES NOT APPEAR TO PROVIDE A SPECIAL PRIVILEGE AS NUMEROUS SIGNS IN THE IMMEDIATE AREA ARE TALLER THAN THE CURRENTLY PERMITTED SIGN DIMENSIONS. UH, B GRANTING THE VARIANCE WILL NOT, UH, WILL NOT HAVE A SUBSTANTIALLY ADVERSE IMPACT ON NEIGHBORING PROPERTIES. THE PROPOSED VARIANCE DOES NOT APPEAR TO HAVE AN ADVERSE IMPACT ON NEIGHBORING PROPERTIES, AS HIS SIGN HEIGHT WILL NOT BE OUT OF FORM OR OUTTA THE NORM FOR THE DISTRICT OR THE MEDIA AREA, WHICH THE SIGN IS LOCATED AND SEE. GRADING THE VARIANCE WOULD NOT SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSE OF THIS ARTICLE. THE REQUESTED VARIANCE DOES NOT APPEAR TO SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSE OF THIS CHAPTER. A SIGN EXCEEDING THE 24 FOOT HEIGHT AND WILL ALLOW ADEQUATE VISIBILITY ALONG ST. PEDRO AVENUE DOES NOT APPEAR TO BE OUTTA CHARACTER SUBSTANTIALLY CONFLICT WITH THE IMMEDIATE AREA IN WHICH THE SIGN WILL BE LOCATED INTO MOTION. SECOND. SECOND BY COMMISSIONER MANNA. COMMISSIONER ZUNA. YES. SO I WILL BE SUPPORTING THE MOTION AS READ FOR 35 FEET AND WHEN WE SEE SOME, UH, EXISTING SIGNS THAT WILL EXCEED THAT HEIGHT ALONG SAN PEDRO. UM, I THINK THE, UH, VISIBILITY, UH, WOULD PROVIDE, YOU KNOW, UH, UH, UH, CONTINUANCE ABILITY TO OPERATE THE TAIKO PALENQUE AND PEOPLE TO BE ABLE TO SEE IT AND SAFELY MANEUVER INTO THE PARKING LOT TO BE ABLE TO, UH, LOCATE THE AREA. I THINK THE 10 FOOT, UH, CLEARANCE OF THE ELECTRICAL LINES IS IMPORTANT, WHICH HE'S, UM, UH, UH, ABIDING BY. SO, UH, I DON'T SEE, AND SPECIFICALLY NO OPPOSITION FOR NEIGHBORS OR ANY, UH, PARTIES THAT WOULD BE IMPACTED BY THE HEIGHT HERE. SO I'M SUPPORTING THE MOTION COMMISSIONER MANNA. UM, I'M GONNA BE IN DISAGREEMENT WITH MY COLLEAGUE, UM, FOR A COUPLE REASONS. UM, ONE IS THIS BLOCK, THE BLOCK NORTH AND THE BLOCK SOUTH. UM, NONE OF THE, NONE OF THOSE, UM, BUSINESSES HAVE SIGNS, UM, THAT ARE LARGER THAN WHAT'S PERMITTED. UM, AND THEN THE, A BUDDING PROPERTY, YOU KNOW, DOES HAVE A SIGN THAT'S, THAT IS VERY LOW AND THEY, YOU KNOW, THEY'RE, YOU KNOW, THEY'RE STILL IN BUSINESS THERE. AND, UM, AND SO THERE WAS A SIGN ON THIS PROPERTY THAT WAS PREVIOUSLY AT THE HEIGHT. AND SO I DON'T NECESSARILY KNOW THAT WE NEED TO GO, UH, THAT MUCH TALLER. AND THEN FINALLY, UH, WITH REGARDS TO, YOU KNOW, THE WHOLE DIALOGUE WITH, UH, VIA, YOU KNOW, I THINK THAT YOU KNOW THIS BY NOT APPROVING IT BASICALLY REMOVES THAT OUT OF THE DIALOGUE ALTOGETHER WITH REGARDS TO THAT CONFLICT. SO, UH, SO THEREFORE I WILL NOT BE SUPPORTING THIS. ALRIGHT. SO ANY OTHER COMMISSIONERS WOULD LIKE TO ADD? UH, HEARING NONE, UH, COMMISSIONER MANANA. AND JUST OUTTA CURIOSITY, IS THERE ANY REDUCTION? UH, NO. NONE AT ALL. OKAY. ALL RIGHT. SO IF THERE'S, UH, NOTHING ELSE, LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER ANA? YES, I CONCUR. COMMISSIONER MANNA? I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? NO, I DO NOT. CONCUR. COMMISSIONER STEVENS? NO, I DO NOT. CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER CRUZ? I DO NOT CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER [00:50:01] BREGMAN? I DO NOT CONCUR. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER VASQUEZ? I DO NOT CONCUR. CHAIR ORIAN? UH, I ALSO DO NOT CONCUR. UH, MOTION FAIL. SEVEN TO FOUR. UH, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF, MR. CHAIR WOULD MOTION TO RECONSIDER IF THERE'S A, UH, IF THE PREVAILING PARTY WOULD AGREE TO A LESSER HEIGHT, PERHAPS A 32 FOOT HEIGHT THAT WAS, UH, ? YEAH, I MEAN, I THINK A, A, A MOTION TO DO THAT. UH, YOU'RE AL YOU'RE ALWAYS ALLOWED TO DO THAT, BUT I WOULDN'T, I WOULD APPRECIATE, UM, UH, UH, THE SECOND TO BE SOMEONE WHO WOULD, WHO WOULD SECOND POTENTIALLY SUPPORT. OKAY. MM-HMM. . SO THERE'S A MOTION TO RECONSIDER BY COMMISSIONER ZUNA, A SECOND BY COMMISSIONER DEAN, UM, FOR DISCUSSION. UH, IS THERE ANYBODY ON THE, ON THE PREVAILING SIDE THAT HAVE ANY WIGGLE ROOM THAT THEY'D LIKE TO, UH, SPEAK OUT ABOUT? CRUZ? COMMISSIONER CRUZ? UH, YOU'RE SAYING THAT THE HEIGHT WOULD BE 32 NOW INSTEAD OF 35? CORRECT? I'D GO WITH 30, BUT I WON'T GO HIGHER THAN THAT. OKAY. SO WE HAVE A 30. IS THERE ANY, IS WE DO NEED NINE VOTES. IS IS, UH, I'M, I'M SORRY, CHAIR. CAN WE GET A A, A VOTE ON THE ACTUAL, THE MOTION TO RECONSIDER AND THEN, OKAY. ALL RIGHT. SO LET'S HAVE A VOTE TO RECONSIDER. UM, LET'S HAVE ROLL CALL PLEASE. COMMISSIONER UNA? YES, I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER BARRINGTON? YES. COMMISSIONER STEVENS? NO. COMMISSIONER CRUZ? NO, I DO NOT CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER MANNA? NO. COMMISSIONER BRAGMAN? NO. COMMISSIONER BENAVIDEZ? YES. COMMISSIONER VASQUEZ? YES. CHAIR ORIAN? UH, SURE. I'LL SAY YES. UH, THAT'S SEVEN TO FOUR. WE JUST NEED A SIMPLE MAJORITY TO RECONSIDER. I UNDERSTAND. OKAY. SO THE MOTION IS AVAILABLE FOR RECONSIDERATION. UH, WOULD SOMEONE LIKE TO MAKE A MOTION FOR, UH, A LESSER HEIGHT? CAN I REREAD THE MOTIONS OR CHAIR? YOU CAN JUST, UH, YOU, YOU CAN, UH, RIGHT, SO THE MOTION IS GONNA BE NOW SIX FOOT VARIANCE FROM THE REQUIRED 24 FOOT HEIGHT TO ALLOW A 30 FOOT SIGN HEIGHT. ALRIGHT, SO WE HAVE A MOTION FOR A 30 FOOT SIGN HEIGHT. IS THERE A SECOND? SECOND. SECOND BY COMMISSIONER CRUZ. SO NOW WE HAVE A MOTION ON THE TABLE FOR A 30 FOOT SIGN HEIGHT, WHICH IS SIX FEET ABOVE THE 24 FOOT MAX. UH, LET'S HAVE SOME DISCUSSION. UH, BRAGMAN. COMMISSIONER BRAGMAN, I HAVE A QUESTION FOR THE SIGN. UH, DEPARTMENT. MM-HMM. ? THE, UH, YEAH, HE'S RIGHT OVER THERE. YEAH. THE, UM, SIGN THAT'S ON THE ADJACENT PROPERTY, THE BREW AND WHAT'S IT CALLED? THE BEER AND ALL THE BEER. THE BEER. BEER. BEER. AND ALL THE BEER AND ALL. DO WE KNOW HOW TALL THAT SIGN IS? NO, MA'AM. WE WOULD HAVE TO DO, HAVE SOMEBODY GO OUT THERE AND DO A SURVEY. WE DON'T HAVE THE CAPABILITIES OF DOING THAT. OKAY. UM, WHEN THE STAFF PERSON WENT OUT TO LOOK, DID THEY HAPPEN TO NOTE IF IT'S TALLER THAN THE, THE CONFORMING 24 FEET? WELL, STAFF WOULDN'T HAVE THAT, UH, TOOL TO DO A, UH, THAT ALL WE DO IS LOOK AT THE PROPERTY THAT'S IN QUESTION. WE LOOK FOR THE SETBACKS, SPACING, AND, UH, AS LONG AS IT DOES NOT ENCROACH INTO THE CLEAR VISION AREA. OKAY. THEN LET ME ASK THE APPLICANT, YOU HAD MENTIONED IN YOUR REMARKS THAT YOU SAID THAT THAT SIGN WAS TALLER THAN THE 24 FOOT CONFORMING. DO YOU HAVE ANY MEASUREMENT ON IT? UH, LEMME SEE IF I DID. OH, OKAY. OH, OKAY. I THINK I TOOK A, JUST TOOK THE PICTURE, BUT IT JUST NO, IT'S JUST, I DON'T HAVE THE EXACT MEASUREMENT ON THAT. NO, WE DON'T HAVE AN EXACT MEASUREMENT, SO, OKAY. YEAH. SO WE HAVE A, SO WE HAVE A MOTION FOR 30 ON THE TABLE. IS THERE ANYBODY WHO WOULD, WHO IS ON THE FENCE, WHO WOULD LIKE THAT [00:55:01] REDUCED OR, OR THAT WOULD LIKE TO SPEAK UP? JUST FOR SIMPLE CALCULATIONS? ELECTRICAL POLES ARE SOMEWHERE AROUND 35, MAYBE 40 FEET. AND THAT SIGN LOOKS LIKE IT'S MAYBE A FOOT OR TWO BELOW THAT FOR A ROUGH ESTIMATE. THE BEER ON ALL SIGNS. ALL RIGHT. MM-HMM, . SO AGAIN, WE HAVE A MOTION FOR A 30 FOOT, UH, SIX FEET ABOVE THE, OF THE 24 MAX ALLOWED, UM, LAST CHANCE TO SPEAK UP. IF ANYBODY WANTS IT ANY LOWER, WE CAN MOVE FORWARD WITH, WITH A, WITH A VOTE ON THE 30 FOOT CHAIR. YES. COMMISSIONER DEAN, HOW WOULD THE, UH, I MEAN, EARLIER WE HEARD TESTIMONY ABOUT CONTINUANCE. IS THAT SOMETHING WE CAN LEVERAGE, UH, FOR BETTER FIDELITY IN HEIGHT? SEEMS, UM, WE'RE KIND OF TORN HERE. YEAH. I MEAN, I, MY THOUGHT IS, IS, UM, I WOULD NEVER APPROVE ANYTHING OVER 30 FEET. I WAS LOOKING AT MORE LIKE A 28 FOOT PERSONALLY, BUT, YOU KNOW, I JUST, UM, IT WOULDN'T, IT CONTINUOUS WOULDN'T MATTER TO ME. BUT THAT'S JUST, THAT'S JUST ME AND MANNA, COMMISSIONER MANNA AND AMANA COMMISSIONER ARMANA. AND IF WE ZOOM BACK ON ZOOM OR ON GOOGLE DRIVE AND LOOK AT THAT SIGN NEXT DOOR, IT'S WELL BELOW THE TOP OF THE POLL. I MEAN, WELL BELOW IT. AND SO LOOKING AT IT CLOSELY, IT'S, IT'S KIND OF MISLEADING, BUT IF YOU BACK WAY AWAY DOWN THE STREET, IT LOOKS AT LEAST 10 FEET UNDER THE, THE TOP OF THE POLE. SO, SO, YOU KNOW, THAT'S MISLEADING. SO IF YOU DRIVE WAY AWAY AND TAKE A LOOK, YOU'LL SEE THAT IT IS ACTUALLY SIGNIFICANTLY BELOW IT. AND USUALLY THOSE, THOSE COMMUNICATION LINES ARE 10 FEET BELOW THE POWER. SO IF THE POWER'S AT 35, THAT COMMUNICATION'S AT PROBABLY 25. SO IT'S, IF, IF ANYTHING, IT'S COULDN'T BE MORE THAN A FEW FEET ABOVE THAT. YEAH. BUT IF YOU ZOOM WAY BACK, I MEAN, DRIVEWAY DOWN THE STREET. YEAH. I WENT THE OTHER SIDE. AND SO IT KIND OF TOOK A LOOK AT IT, BUT YEAH, IT WAS WELL BELOW. YEAH. IT JUST, IT, IT'S, IT'S DEPENDS ON YOUR VANTAGE POINT. THAT'S RIGHT. SO WITH THAT, UM, LOOK, WE HAVE A MOTION ON THE TABLE. UM, I, I THINK THAT WE, WE SHOULD VOTE ON IT AND, AND SEE WHERE THIS, SEE WHERE THIS LIES. UNLESS SOMEBODY WOULD LIKE IT REDUCED BELOW 30. ALL RIGHT. HEARING NONE, LET'S HAVE A ROLL CALL VOTE ON A 30 FOOT MAX SE HEIGHT. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER BARRINGTON? NO, I DO NOT. CONCUR. COMMISSIONER STEVENS? NO, I DO NOT. CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRAGMAN. I DO NOT CONCUR. COMM BENAVIDES, I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. BUT MOTION FAILS. EIGHT TO THREE. UH, YOU DO HAVE THE OPTION TO APPEAL OUR DECISION TO CITY COUNCIL. OKAY. AND MOTION RECONSIDER AGAIN. IT WAS FOUR, I THINK IT WAS EIGHT FOUR OR YES, IT WAS EIGHT OR SEVEN. FOUR. SEVEN. FOUR FOUR. OH, OKAY. I'M, I APOLOGIZE. I I ONLY WRITTEN DOWN THREE. UH, ALRIGHT. I HAD, UH, BARRINGTON STEVENS, AND MANNA AS BEING, UH, IN OPPOSITION WAS AND BRAGMAN, I APOLOGIZE. OKAY, SO THE MOTION FAILED. SEVEN TO FOUR. THERE'S, UM, YEAH. SO THERE'S A MOTION TO RECONSIDER BY COMMISSIONER DEAN. IS THERE A SECOND? SECOND. SECOND BY COMMISSIONER ZUNA. UH, LET'S HAVE A ROLL CALL. VOTE ON THE MOTION TO GET RECONSIDER, PLEASE. , I AM RUNNING OUTTA SPACE. . COMMISSIONER DEAN? UH, I CONCUR. COMMISSIONER OZUNA? I CONCUR. COMMISSIONER BARRINGTON? NO. COMMISSIONER STEVEN? NO. COMMISSIONER CRUZ. I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER MANNA? NO. COMMISSIONER BRAGMAN? YES. COMMISSIONER BENAVIDES? YES. COMMISSIONER VASQUEZ. I CONCUR. CHAIR ORIAN. YES. SO MOTION PASSES AS RECONSIDER, WHO WOULD LIKE TO MAKE A MOTION FOR SOMETHING LESS THAN 30 FEET TALL? TERRY, I'LL MAKE A MOTION FOR 28. UH, WE HAVE A MOTION ON THE TABLE FOR 28. I'LL SECOND THAT. SO WE HAVE A, WE'RE GONNA, I DON'T THINK WE REALLY NEED TO DISCUSS IT. I THINK WE CAN JUST MOVE TO A VOTE PLEASE. MANNA COMMISSIONER MANNA. SO, UM, YOU KNOW, AND NOT JUST AS A REMINDER, BUT JUST, YOU KNOW, THE [01:00:01] CITY HAS WORKED WITH, UM, THE COMMUNITY BUSINESSES, UM, YOU KNOW, THE SIGNED ORDINANCE COMPANIES AND ALL OF THESE PEOPLE THAT COME UP WITH THESE HEIGHTS. AND SO JUST, YOU KNOW, JUST WANNA REMIND EVERYBODY, YOU KNOW, THAT, THAT, YOU KNOW, THE CITY HAS AGREED TO, WHAT IS THAT WE'RE TALKING ABOUT HERE? AND GIVEN A VARIANCE. AND I HAVE NOT HEARD OF A HARDSHIP IN THIS CASE. AND SO BECAUSE OF THAT, YOU KNOW, THAT'S WHY I'M STILL, YOU KNOW, KIND OF BEING, GONNA BE IN OPPOSITION. SORRY. OKAY. BRAGMAN, COMMISSIONER BRAGMAN, UH, I'M GONNA AGREE WITH, UH, COMMISSIONER AMANA. I JUST, I DON'T SEE THAT THERE'S A NECESSITY TO ALLOW THIS BUSINESS AN UNEVEN FOOTING ABOVE THE OTHER SIGN HEIGHTS FOR ALL THE BUSINESSES THAT ARE NEARBY. WE DON'T HAVE A MEASUREMENT ON THE BREW AND ALL, SO WE DON'T REALLY KNOW, UM, IF THAT'S GONNA BE IN CONFLICT WITH THE, UH, PROPOSED SIGN, UH, AT THE 24 FOOT HEIGHT. SO I JUST, I DON'T SEE ANY POINT IN GIVING ONE BUSINESS ANY SORT OF LEG UP OVER ANOTHER IF THERE'S NO HARDSHIP THAT'S BEEN EXPLAINED TO US. ALRIGHT. GOOD. DEAN, I'LL ADD THE, THE CHARACTER OF THE COMMUNITY HAS TALL SIGNS. YOU KNOW, ALREADY WITH THE MCDONALD'S, THE PIZZA, WE'VE SEEN SEVERAL EXAMPLES. SO I WOULD SAY THAT, YOU KNOW, TO BE, UH, TO KEEP THE CHARACTERISTICS OF THE DISTRICT, YOU WOULD CONSIDER MAYBE A TALLER SIGN, UH, AS THEY'RE ASKING FOR, BECAUSE OF THE CHARACTERISTICS OF THE DISTRICTS KIND OF WARRANT THAT. UM, AND THAT'S WHAT WE'RE HERE TO OBSERVE, UH, PER SE. SO, UM, THAT'S WHY I WOULD, YOU KNOW, HOPE TO SWAY YOU TO CONSIDER A HEIGHT VARIANCE, UH, ABOVE THE, THE CODE, UH, ABOVE 24 FEET. BRAGMAN COMMISSIONER BRAGMAN, UM, I THINK THE SIGN DEPARTMENT NOTED THAT THAT MCDONALD'S SIGN IS NON-CONFORMING. AND SO ANY CHANGES MADE TO THAT SIGN OR ANY OTHER SIGN THAT'S NONCONFORMING, UH, WOULD HAVE TO COME TO THE BOARD OF ADJUSTMENT BECAUSE IT DOESN'T MEET THE REQUIREMENTS, UH, THAT ARE SET IN PLACE. SO, UH, YOU KNOW, YES, THERE'S A ONE-OFF, BUT THAT DOESN'T MEAN THAT IT WILL STAY THAT WAY IF THEY EVER HAD TO MAKE ANY CHANGES TO THE SIGN. OKAY. UH, QUICK QUESTION FOR STAFF. DO YOU KNOW WHEN THIS, UH, THIS 24 FEET IS ASSOCIATED WITH A CORRIDOR, OR IS IT PRIMARILY ASSOCIATED WITH THE STREET CLASSIFICATION? LET'S HAVE THE SIGN INSPECTOR CHIME IN ON THAT. IN THIS CASE, IT'S BOTH. OKAY. SO THEY BOTH HAVE THE 24, THE, THE STREET CLASSES OF B, WHICH IS 24 1 50, AND THE UC CORRIDOR STANDARDS, IT'S, UH, THE SAME SIZE. AND THEN HOW LONG IS, UH, THE OLDER ONE BEEN AROUND? I'M SURE THE CORRIDOR IS A NEWER YES SIR. OVERLAY. BUT, BUT THE, THE 24 FEET, HAS IT BEEN THERE FOR 20 YEARS? SINCE 90. THE NINETIES. SINCE THE NINETIES, YEAH. OKAY. SO OVER 20 YEARS. WHEN ARTICLE NINE WAS INTRODUCED INTO CHAPTER 28, THAT'S WHEN THEY CAME IN WITH THE SIZES. OKAY. SO THIS ISN'T ONE OF THESE THINGS THAT CAME OUT FIVE YEARS AGO? NO, SIR. OKAY. ALL RIGHT. THANK YOU VERY MUCH. IF THERE'S NO OTHER QUESTIONS, WE CAN HAVE A ROLL CALL. VOTE ON MOTION NUMBER THREE FOR A 28 FOOT HEIGHT LIMITATION. LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER DEAN, I CONCUR. CHAIR ORION? UH, NO. COMMISSIONER BARRINGTON STILL? NO, I DO NOT CONCUR. COMMISSIONER STEVENS? NO, I DO NOT. CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER MENNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRAGMAN? I DO NOT CONCUR. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. ALRIGHT. STILL SEVEN TO FOUR. I THINK IT WAS SIX FIVE. SIX FIVE. ALL RIGHT. SIX FIVE. A MOTION FAILED. AGAIN, YOU CAN APPEAL THE CITY COUNCIL. MM-HMM. . UM, HOPEFULLY YOU'VE HEARD A LOT OF, UH, YES, SIR. COMMENTARY AND OPINIONS TODAY, SO, YES, SIR. HEY, IS THERE A MOTION TO RECONSIDER ? I'M RUNNING OUTTA PAPER. YEAH, NO. UH, THANK YOU FOR YOUR TIME AND CONSIDERATION. REALLY APPRECIATE IT. THANK YOU. THANK YOU, . ALRIGHT, UM, ITEM NUMBER 9 24. UH, ITEM NUMBER NINE, BO OA DASH 24 DASH 1 0 3 0 1 7 4 OR 1 7 1. ADDRESS BEING 8 0 1 NORTH MAIN AVENUE COUNCIL DISTRICT, DISTRICT ONE, APPLICANT AMERICAN GI UH, FORUM NATIONAL VETERANS OUTREACH PROGRAM. UH, THE REQUEST IS FOR A TWO FOOT, UH, FENCE HEIGHT, SPECIAL EXEMPTION FROM THE MAXIMUM FIVE FOOT FRONT FENCE HEIGHT [01:05:01] TO ALLOW A SEVEN FOOT, PREDOMINANTLY OPEN FRONT YARD FENCE AND TWO, A SEVEN FOOT CLEAR VISION VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION TO ALLOW A EIGHT FOOT DRIVEWAY. CLEAR VISION ZONING IS D SUBJECT PROPERTY IS LOCATED APPROXIMATELY 30 FEET FROM INTERSTATE 35 SOUTH ALONG THE NORTH MAIN AVENUE AND WEST QUINCY STREET INTERSECTION. THE APPLICANT ON BEHALF OF THE PROPERTY OWNER IS REQUESTING A TWO FOOT FENCE HEIGHT EXCEPTION, ALONG WITH A SEVEN FOOT CLEAR HEIGHT VARIANCE, A CLEAR VISION VARIANCE TO ALLOW A PROPOSED SEVEN FOOT, PREDOMINANTLY OPEN FRONT YARD FENCE AND ROLLING ACCESS GATE TO BE EIGHT FEET FROM THE FRONT PROPERTY LINE. THE PROPOSED FENCE WILL MATCH THE EXISTING FENCE ON THE PROPERTY OWNER'S ADJACENT PROPERTY AND WILL BE UTILIZED TO SUPPORT THE PROPERTY'S FUTURE DEVELOPMENT FOR THE AMERICAN GI FORUM. VETERANS DORMITORIES, UH, BUILDING PERMITS ARE PENDING THE OUTCOME OF THE BOARD OF ADJUSTMENT AS AERIAL VIEW OF THE PROPERTY SITE PLAN. SUBJECT PROPERTY SURROUNDING AREA, THIS WOULD BE THE NEIGHBORING PROPERTY WITH THE CURRENT EXISTING FENCE SURROUNDING AREA. STAFF RECOMMENDATION FOR THE DRIVEWAY, CLEAR VISION VARIANCE STAFF RECOMMENDS APPROVAL IN BO OA DASH 24 DASH 0 3 0 0 1 71 BASED ON THE FOLLOWING FINDINGS OF FACT, VEHICULAR TRAFFIC WILL NOT BE OBSTRUCTED WITH THE REDUCED CLEAR VISION AND TO THE REDUCED CLEAR VISION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT STAFF'S RECOMMENDATION. FOR THE FENCE SIZE SPECIAL EXEMPTION, UH, STAFF RECOMMENDS APPROVAL IN BO OA DASH 24 DASH 0 3 0 0 1 71 BASED ON THE FOLLOWING FINDINGS OF FACT, THE PROPOSED FENCE SIZE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THE ESSENTIAL, THE ADDITIONAL FENCE SITE WILL ADD ADDITIONAL SECURITY TO THE SUBJECT PROPERTY, AND THREE, WILL MATCH THE AESTHETIC AND HEIGHT OF THE FENCE ALONG THE ABUTTING LOT. STAFF MAILED 13 NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION. NO RESPONSE FROM THE DOWNTOWN NEIGHBORHOOD ASSOCIATION. NO RESPONSE FROM TOBIN HILL COMMUNITY NEIGHBORHOOD ASSOCIATION, AND NO RESPONSE FROM THE TEXAS DISTRICT ONE RESIDENT ASSOCIATION. THIS CONCLUDES STAFF'S PRESENTATION. APPLICANT IS PRESENT AND THE PROPERTY NEXT DOOR THAT HAS THE SAME FENCE. WE, THIS BOARD PREVIOUSLY APPROVED THAT ONE, I BELIEVE SO. OKAY. IS APPLICANT, COME FORWARD PLEASE. ALL RIGHT. PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR, UH, UH, GOOD AFTERNOON, UH, COMMISSIONER MR. CHAIRMAN ROBERT FLOTIS WITH THE AMERICAN J FORUM NATIONAL VETERANS OUTREACH PROGRAM. I COME TO YOU AGAIN, . I WAS HERE, UH, I BELIEVE A COUPLE YEARS AGO, UH, ASKING FOR APPROVAL FOR OUR ADMINISTRATIVE BUILDING NEXT DOOR. UH, LEGAL ADDRESS IS 2 0 6 SAN PEDRO. THIS IS A, UH, FORMER, UH, PARKING LOT. UH, IT IS NO LONGER A PUBLIC PARKING LOT. WE ACQUIRED THE PROPERTY, UH, OVER A YEAR AGO WITH THE, UH, GOLD OF BUILDING, UH, SOME VETERAN DORMITORIES THERE. UM, THAT'S ON DOWN THE FUTURE. YOU KNOW, WE'RE A NONPROFIT ORGANIZATION AND IT TAKES MONEY TO BUILD MONEY. WE YET DO NOT HAVE. UH, HAVING SAID THAT, UH, WE'D LIKE TO SECURE THE PREMISE. UH, OUR EMPLOYEES, UH, FROM NEXT DOOR DO UTILIZE A PARKING SPOT AND ARE THE FOLKS FREE WILLINGLY, YOU KNOW, PARK IN OUR PARKING LOT DURING THE BUSINESS DAY. AND WE WANT TO TRY TO KEEP, UH, UH, TRAFFIC ISOLATED. PLUS IT SECURES OUR, OUR EMPLOYEES VEHICLES DURING THE DAY. AND, AND ALSO, UH, SOME MANY WORK AT NIGHT TIMES, YOU KNOW, NOT LATE, BUT STILL, UH, IT'S, IT'S FOR THE SECURITY OF, OF, UH, OUR EMPLOYEES VEHICLES AND THE PREMISE AND KEEP, UH, STUFF FROM HAPPENING. WE SEEK YOUR APPROVAL. OKAY. AND, AND YOU DON'T OWN THAT SMALL TRIANGLE OF POLICE? NO, WE DO NOT. WE TRIED TO PURCHASE THAT, UH, MANY YEARS OF TIME AND TIME AGAIN. AND THERE USED TO BE A BUILDING THERE THAT CAUSED A LOT OF PROBLEMS. I THINK Y'ALL MAY BE AWARE OF ALL THAT. OKAY. UH, THE CITY, IT WAS CONDEMNED AND THE CITY TORE IT DOWN. ALRIGHT, ANY COMMISSIONER THAT BUILDING RIGHT THERE? YEAH. YEAH. ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? ALL RIGHT. STAFF. IS THERE ANYONE SOMETHING TO SPEAK VOICEMAILS? NO PUBLIC COMMENT. ALRIGHT, WELL, THANK YOU VERY MUCH. THANK YOU VERY MUCH FOR YOUR TIME. CONFIRM MOTION. THANK YOU. COMMISSIONER MANNA. [01:10:03] SO, REGARDING CASE NUMBER BO A 2 4 1 0 3 0 0 1 7 1, I MOVED THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A TWO FOOT SPECIAL EXCEPTION FOR THE MAXIMUM FIVE FOOT FRONT FENCE HEIGHT TO ALLOW A SEVEN FOOT PREDOMINANTLY OPEN FRONT YARD FENCE SITUATED AT 8 0 1 NORTH MAIN AVENUE APPLICANT BEING AMERICAN GI FORM NATIONAL VETERANS OUTREACH PROGRAM. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACT THAT WE DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF PROPERTY SUCH A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. STAFF FINDS A REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND THE PURPOSE OF THE ORDINANCE. AS THE REQUEST IS LIMITED TO THE FRONT YARDS, UH, TO THE FRONT YARD ON EXCEEDS THE MAXIMUM HEIGHT REQUIREMENTS FOR A PREDOMINANTLY OPEN FENCE BY TWO FOOT B, THE SPECIAL OR THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED. THE PROPOSED FENCE APPEARS TO SERVE THE PUBLIC WELFARE AND CONVENIENCE AS THE ADDITIONAL FENCE HEIGHT WILL ADD ADDITIONAL SECURITY TO THE SUBJECT PROPERTY AND WILL MATCH THE AESTHETICS AND HEIGHT OF THE FENCE ALONG ABUTTING LOT. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE FENCE THE FENCE SPECIAL EXCEPTION, APPEARS TO CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT AND ADJACENT PROPERTIES, UH, BEING WITHIN TWO FEET OF THE UDC FENCE GUIDELINES. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE ADDITIONAL FENCE HEIGHTS DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT AS THE DOWNTOWN AREA OFFERS A WIDE VARIETY OF USES. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT AS IT IS WITHIN TWO FEET OF THE PERMITTED HEIGHT AND WILL INCREASE SECURITY ON THE SUBJECT PROPERTY. END OF MOTION. SECOND. SECOND BY COMMISSIONER CRUZ. COMMISSIONER MANNA. UM, AS IN, UH, THE PRIOR TIME THAT THIS CASE CAME UP, I'LL BE SUPPORTING THIS. UM, I I THINK THAT IT, UH, IT APPEARS TO BE APPROPRIATE FOR THIS LOCATION AND, UM, YOU KNOW, THE DEFENSE, UH, YOU KNOW, I DON'T HAVE ANY OBJECTION WITH DEFENSE, SO I'LL BE VOTING IN FAVOR OF IT. ALL RIGHT. COMMISSIONER CRUZ, I'LL HAVE AN AMENDMENT, UH, OF, UH, HOLD ON. LET'S, LET'S, UH, LET'S HEAR FROM COMMISSIONER CRUZ AND THEN WE'RE GONNA GO TO COMMISSIONER DEAN. UM, YES, I AGREE WITH MR. MANNA. I DON'T SEE ANY PROBLEMS WITH THIS PROJECT. ALRIGHT. THANK YOU. COMMISSIONER DEAN, YOU'D LIKE TO, UH, OFFER FRIENDLY AMENDMENT? YES. UH, ONE FOOT VARIANCE, UH, FOR A SIX FOOT FENCE. RIGHT. IS THAT ACCEPTED BY THE MAKER? SO I KNOW THAT BEFORE WE HAD, YOU KNOW, SO THE NEIGHBORING PROPERTY, WE HAD, YOU KNOW, PREVIOUSLY APPROVED AT THE SEVEN FOOT HEIGHT, UM, YOU KNOW, FOR THE, I GUESS FOR THE BUDDING PROPERTY OF THIS. SO, YOU KNOW, IS THERE A REASON WHY WE'RE GOING TO REDUCE IT BY A FOOT FOR THIS PARTICULAR SIZE? SEVEN FOOT IS AWKWARD TO ME, AND I THINK, UH, SIX FOOT WOULD BE MORE SUITABLE. UH, I WOULD, I WOULD SAY SEVEN IS TOO HIGH FOR THE PURPOSE AS, UH, DISCUSSED BY THE APPLICANT. SO, UH, I'M PROPOSING ONE FOOT VARIANCE. OKAY. UH, IF WE COULD STAFF, CAN YOU BRING UP THE SITE PLAN PLEASE? ALL RIGHT. SO OUTTA CURIOSITY, THE PROPERTY THAT'S TO THE WEST, THAT ABUTTING PROPERTY LINE CURRENTLY HAS A SEVEN FOOT FENCE? CORRECT. OKAY. AND SO THIS APPLICANT IS ASKING FOR, UM, IS HE, IS HE REQUESTING TO PUT A SEVEN FOOT FENCE A NEXT TO THE EXISTING SEVEN FOOT FENCE? THIS IS ONLY FOR THE FRONT YARD. IT'S ALREADY ALLOWED UP TO A EIGHT FOOT FENCE ON THE SIDE AND REAR, BECAUSE THE ROAD IS A NON-LOCAL ROAD. OKAY. CAN, CAN TAF CAN YOU CLARIFY THE, THE ACTUAL SIDE IN QUESTION THAT WE'RE JUST SO WHERE, ONLY WHERE THE NUMBER ON THE SIDE WHERE THE NUMBER ONE IS, IS WHERE THEY'RE NEEDING THE, UH, FENCE SIDE EXEMPTION. OKAY. SO ALONG QUINCY THEY CAN DO IT, BUT NOT ALONG MAIN. CORRECT. SO THIS, SO WHAT'S BEFORE US TODAY IS, IS ONLY, UH, FOR THE FENCES TO BE PROPOSED ALONG NORTH MAIN. SO THAT MEANS THEY CAN HAVE A SEVEN FOOT FENCE EVERYWHERE CURRENTLY, EXCEPT FOR WHAT'S A BUDDING NORTH MAIN. CORRECT. THEY CAN HAVE UP TO AN EIGHT FOOT FENCE UP TO AN EIGHT FOOT. SO, UM, AS LONG AS THEY DON'T MEET THE, UH, CLEAR VISION AND ALL THAT GOOD STUFF. ALL RIGHT. SO, UH, JUST WANTED TO MAKE SURE THAT I PUT THAT OUT THERE. SO, UM, BACK TO COMMISSIONER MANANA. SO, UM, YOU KNOW, I GUESS I, I WOULD GO IF THE REST OF THE COMMISSION THINKS IT'S, YOU KNOW, SOMETHING WE SHOULD CONSIDER, YOU KNOW, AND I, I, I DON'T NECESSARILY THINK THAT IT NEEDS TO BE, BUT YOU KNOW, I'LL CERTAINLY, YOU KNOW, OPEN THE DIALOGUE TO EVERYBODY ELSE. OKAY. UH, COMMISSIONER DEAN, WOULD YOU LIKE TO MOVE THIS TO A FORMAL AMENDMENT SO THAT WAY WE CAN SEE, TEST THE WATERS ON THIS? [01:15:01] UH, I MOVE FOR THE, THE ONE FOOT, UH, VARIANT. OKAY. UH, AS AN AMENDMENT, IS THERE A SECOND TO THE FORMAL, UH, AMENDMENT TO REDUCE TO A ONE FOOT VARIANCE? ALL RIGHT. MOTION DIES FOR LACK OF SECOND . SO WE HAVE A MOTION ON THE TABLE FOR A ONE FOOT VARI, UH, COMMISSIONER. UH, JUST, JUST A MINOR CORRECTION. MAYBE IT'S A FRIENDLY AMENDMENT IF YOU ACCEPT IT. MM-HMM. , UH, THE SECOND LINE ON, UH, THE FINDING PARAGRAPH A, YOU READ THE STAFF DRAFT ACCURATELY, BUT THERE'S OBVIOUSLY A MISTAKE THERE. REQUEST IS LIMITED TO THE FRONT YARD AND EXCEEDS THE MAXIMUM HEIGHT. NOT ON. THANK YOU. SO, AND EXCEEDS. OKAY. SO WE HAVE A MOTION ON THE TABLE FOR A VARIANCE TO ALLOW A SEVEN FOOT FENCE. UM, IF THERE'S NOTHING OTHER DISCUSSION OR ANY REQUESTS, WE'LL HAVE A ROLL CALL VOTE. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER CRUZ. I CONCUR. COMMISSIONER BARRINGTON? I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ. I CONCUR. COMMISSIONER OZUNA? I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORION AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 10 TO ONE. UH, MADAM IF YOU HAVE ANY QUESTIONS, IT'S NOT THE, UH, CLEAR VISION, MADAM. OH YES. SO REGARDING CASE NUMBER BO A 2 4 1 0 3 0 0 1 7 1, I MOVED AT TO BOARD ADJUSTMENT GRANT REQUEST FOR A SEVEN FOOT CLEAR VISION VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION TO ALLOW AN EIGHT FOOT DRIVEWAY CLEAR VISION SITUATED AT 8 0 1 NORTH MAIN, UH, APPLICANT BEING AMERICAN GI FORUM, NATIONAL VETERANS OUTREACH PROGRAM. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT, THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH A LIBERAL ENFORCEMENT OF THE PROVISIONS OF THE EDC AS THE AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THE REQUEST IS NOT CONTRARY TO PUBLIC INTEREST. AS A ONE SIDE SETBACK WOULD PROVIDE ADEQUATE DISTANCE, UH, BETWEEN THE CARPORT AND NEIGHBORING PROPERTIES. UM, TWO, DUE TO SPECIAL CONDITIONS OR ONE FOOT SIDE SETBACK WOULD PROVIDE ADEQUATE DISTANCE BETWEEN THE CARPORT AND NEIGHBOR PROPERTIES. TWO, DUE TO SPECIAL CONDITIONS THAT A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT HAVING TO RECONSTRUCT A CARPORT TO BE FIVE FEET FROM THE SETBACK, WHICH WOULD RESULT IN UNNECESSARY HARDSHIP AS A CARPORT WOULD NOT PROVIDE THE COVERAGE NEEDED FOR VEHICLES. THREE. BY GRANTING THE VARIANCE, THE SPEAR OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE STRUCTURE WOULD BE ONE FOOT FROM THE PROPERTY LINE, WHICH OBSERVES THE SPEAR OF THE ORDINANCE AS A CARPORT. POSES NO HINDRANCE OF THE NEIGHBORING PROPERTY. 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. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF NON-CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, WHICH IS PROPERTY IS LOCATED. LET'S SEE. HOLD ON A SECOND HERE. SO IT APPEARS THAT, OKAY, I'M GOING TO STRIKE PRETTY MUCH THAT ENTIRE CONVERSATION 'CAUSE IT LOOKS LIKE THERE'S A DISCONNECT HERE WITH REGARDS TO, UM, WHAT IT IS THAT'S BEING ASKED FOR. SO THE ASSUMPTION IS HERE THAT WE'RE TALKING ABOUT AN EIGHT FOOT CLEAR VISION. AND SO SEVEN FOOT CLEAR VISION, UM, UH, TO ALLOW AN EIGHT FOOT DRIVEWAY CLEAR VISION. AND SO, UM, THIS WHOLE DRAFT, YES. SO YOU'RE GONNA HAVE TO WING IT. UM, OH YEAH, . OKAY. THIS VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. UM, SO THE SEVEN FOOT CLEAR VISION VARIANCE FROM THE MINIMUM 15 FOOT WOULD STILL ALLOW FOR, UM, A CLEAR VISION, UM, SITUATED AT THIS PROPERTY. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF EARNINGS WOULD RESULT IN UNNECESSARY HARDSHIP. UM, UM, HAVING THE CLEAR VISION NOT SO CLOSE, UH, UH, NOT AS CLOSE, WOULD REQUIRE AN UNNECESSARY HARDSHIP, UM, AS THIS WOULD NOT PROVIDE, UM, AS THIS WOULD NOT PROVIDE FOR THE SPACE NEEDED FOR EXITING THIS PROPERTY. THREE, BY GRANTING THE VARIANCE, THE SPARE OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. UM, THE FENCE, UH, BEING ONE, UH, UH, THE FENCE, UH, CLEAR VISION, FENCE HEIGHT ALONG THIS PROPERTY LINE WOULD OBSERVE THE SPARE OF THE ORDINANCE AS, UH, DOES NOT POSE A HINDRANCE TO THE NEIGHBORING PROPERTIES FOR 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. SUB VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CORNING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT, WHICH IS PROPERTY IS LOCATED. IF GRANTED, UH, THE CLEAR VISION REQUEST, UM, WOULD NOT ALTER THE CENTRAL CHARACTER OF THIS DISTRICT. SIX, APPLY TO THE OWNER PROPERTY FOR WHICH IS VARIANCE. ASAD IS [01:20:01] DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, UNIQUE CIRCUMSTANCES NOT CREATED BY THE OWNER PROPERTY AND ARE NOT MERELY FINANCIAL, NOT DUE TO THE RESULT. UH, GENERAL CONDITIONS IN THE DISTRICT, WHICH IS PROPERTY, UH, IS LOCATED. THE STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THIS VARIANCE SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS, UM, THE, UM, LOT LOCATION AND, UH, IT'S, I GUESS IT'S FACING, UH, THE STREETS AND DEMOTION. IS THERE A SECOND? SECOND. SECOND. BY COMMISSIONER PRAG. COMMISSIONER MANNA. UM, I'LL APPROVE. AS I JUST SAID, . COMMISSIONER PGNA, I CONCUR WITH MY COLLEAGUE. ALL BE IN SUPPORT OF THE MOTION. ANY OTHER COMMISSIONERS LIKE TO ADD TO THE DISCUSSION? UH, QUESTION. MR. DEAN? UH, SO IF WE APPROVE THIS, WE ALREADY APPROVED THE OTHER MOTION. UH, DOES HE HAVE X AMOUNT OF TIME TO BILL OR LIKE WITHIN THE NEXT YEAR OR LT LOSES THIS AND HAS TO COME BACK? YES. OKAY, PERFECT. SO HE WILL HAVE TO BUILD THIS WITHIN ONE YEAR? YEAH, HE HAS TO. HE HAS TO, YEAH. THE PERMITS WITHIN A YEAR, HE, AND THEN AFTERWARDS EXERCISES. VARIANCE? YES. OKAY. ALL RIGHT. LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER OZUNA? I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN. AND I CAN GO OVER THE FINDINGS AND F*G. MOTION PASSES. 10 TO ONE. UM, YOU HAVE ANY QUESTIONS YOU GET WITH STAFF? THANK YOU. UH, ALL RIGHT. ITEM NUMBER 10. OKAY, ITEM NUMBER 10, BO OA 24. 1 0 3 0 0 1 7 2. ADDRESS. 7 0 7 VANCE JACKSON ROAD COUNCIL DISTRICT ONE. APPLICANT RED AND BLACK ENGINEERING GROUP. LLC. UH, REQUEST A 10 FOOT VARIANCE FROM THE MINIMUM 10 FOOT BUFFER TO ALLOW AN ELIMINATION OF THE BUFFER REQUIREMENTS ALONG A SECONDARY ARTERIAL ROAD. ZONING IS C TWO CD. THE SUBJECT PROPERTY IS LOCATED ALONG VANCE JACKSON ROAD, NORTH OF FREDERICKSBURG ROAD, LOCATED WITHIN THE NOTIFICATION BOUNDARY OF THE LOS ANGELES HEIGHTS NEIGHBORHOOD ASSOCIATION. THE APPLICANT IS SEEKING AN ELIMINATION OF THE BUFFER YARD REQUIREMENTS ALONG A SECONDARY ARTERIAL ROAD. ADVANCED ACTION. THE PROPERTY UNDERWENT A RECENT REZONING TO ADD A CONDITIONAL USE TO THEIR C TWO ZONING TO ALLOW OUTSIDE STORAGE THAT WAS APPROVED BY CITY COUNCIL ON APRIL 4TH, 2024. THE PROPERTY'S FRONTAGE HAS BEEN ENTIRELY PAVED SINCE INITIAL DEVELOPMENTS. THE TREE SECTION OF DEVELOPMENT SERVICES IS IN SUPPORT OF THE VARIANCE AND STATED THAT THE EXISTING PAVEMENT ALONG VANCE JACKSON WILL NOT BE DEMOLISHED. THEREFORE, THE BUFFER CANNOT BE ACCOMMODATED DUE TO THE EXISTING CONDITIONS NOT ALLOWING IT. AND THE SITE PLAN, SUBJECT PROPERTY AND SURROUNDING AREA STAFF RECOMMENDATION FOR THE LANDSCAPE BUFFER YARD VARIANCE STAFF RECOMMENDS APPROVAL AND BO OA 24 1 0 3 0 0 1 7 2. BASED ON THE FOLLOWING FINDINGS OF FACT, THE BUFFER CANNOT BE ACCOMMODATED DUE TO THE EXISTING CONDITIONS, NOT ALLOWING IT. AND THE PROPOSED VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS ARE LOCATED. PROPERTY IS LOCATED. WE MAILED OUT 15 NOTICES RECEIVED ZERO IN FAVOR, ZERO IN OPPOSITION. LOS ANGELES HEIGHTS NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. AND THE SAN ANTONIO, TEXAS DISTRICT ONE RESIDENT ASSOCIATION DID NOT RESPOND AND NO PUBLIC COMMENT. AND THAT CONCLUDES STAFF PRESENTATION. APPLICANT'S AVAILABLE. ALL RIGHT. SO THE APPLICANT COME FORWARD. ALL RIGHT. STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. SO MY NAME'S A TU UH, I AM THE OLDEST REPRESENTATIVE, UH, WITH LJ ENGINEERING. MM-HMM. , UH, RED AND BLACK. USED TO BE MY OLD FIRM. GOT BOUGHT OUT, ACQUIRED ALL THAT. UM, SO BASICALLY [01:25:01] WE REPRESENT SWEET HOT OR HOT, UH, SWEET WATER. HOT TUBS. THEY'VE BEEN THERE FOR ABOUT 20 SOMETHING YEARS. IT USED TO BE AN OLD HOME. THEY BURNED DOWN SEVERAL YEARS AGO. SO THEIR JOB IS THEY SELL HOT TUBS AND WHAT THEY CALL SWIM SPAS, THEY'RE LIKE REAL NICE LUXURY DEALS. UH, WE WENT IN FOR BASICALLY OFFICE WAREHOUSE REZONING. WE GOT THAT TAKEN CARE OF. THEY HAVE A CRIME ISSUE AS FAR AS, UM, THOSE SWIM SPAS ARE LIKE 30 GRAND. RIGHT? SO THEY NEED SOMEWHERE FOR THEM TO STORE. UH, AS FAR AS, THAT'S WHY IF YOU LOOK AT THOSE BUILDING, THAT BUILDING, THERE'S TWO BIG OVERHEAD DOORS. UH, THAT'S A COUPLE WEEKS AGO. IT'S THE DOORS. IT LOOKS A LITTLE BETTER THAN THAT NOW, EITHER WAY. UH, AND THEY'RE TRYING TO USE THIS AS THEIR HEADQUARTERS AS FAR AS LIKE, UH, THAT'S AN OFFICE, A TWO STORY OFFICE WITH, WITH THE WAREHOUSE ON, ON THE SIDE EATING. WE'RE GIVING UP A, A FIVE FOOT RIGHT OF WAY DEDICATION THAT WE DID THROUGH A PLAT. SO WE'VE, WE'VE BEEN IN COMPLIANCE WITH EVERYTHING. SO THE, THE PAVEMENTS EXISTING, THE REASON WE, WELL, THERE'S MANY REASONS, BUT THE MORE LOGICAL ONE IS BECAUSE THE GRADES ON THE PROPERTY ARE, ARE, THERE'S A BIG BREAK RIGHT THERE AT THAT FENCE THAT YOU CAN SEE BEHIND THE BUILDING. THE BUILDING CAN'T BE PUSHED BACK FURTHER ENOUGH. I MEAN, BACK FURTHER WITHOUT ADDING A WHOLE BUNCH OF MONEY TO THE CONSTRUCTION. RIGHT. SO WHAT WE'RE TRYING TO DO IS HAVE ENOUGH ROOM FOR THE FORKLIFT TO BE THERE AND LOAD UP THOSE SWIM SPAS THAT THEY'RE SO EXPENSIVE THOUGH. SO WE'RE GONNA DO THREE STACKS. THAT'S WHY THE BUILDING'S, UH, VERTICALLY, IT'S 24 FEET TALL. THERE'S NOT ANY SIGNAGE THAT'S GONNA BE DONE BECAUSE IT'S NOT LIKE A RETAIL CENTER. IT'S MORE LIKE THEIR OPERATIONS HEADQUARTERS. UH, AND SO THAT'S REALLY WHAT WE'RE GOING AT. UH, AS FAR AS CHARACTERS OF THE, UH, IN THE NEIGHBORHOOD, THERE'S A, A LIKE A YARD NEXT TO US. AND IN THAT CORNER THERE'S A, UH, WHAT DO YOU CALL IT? A CAR WASH. I MEAN, IT'S ALL PRETTY MUCH PAVEMENT. IT'S IT'S OLD SIDE OF TOWN. UH, YOU KNOW, WE'RE TRYING TO, BASICALLY, THIS BUILDING ACTUALLY LOOKS WAY BETTER THAN WHAT IT DOES THERE. NOW. THERE'S A STOREFRONT. IT'S GONNA BE BLACK OVERHEAD DOORS. UH, THERE'S AN EVE UP TOP. I ACTUALLY HAVE SOME PICTURES IF Y'ALL WANNA SEE IT, BUT IT DEFINITELY, IT, IT DOES NOT LOOK, IT'S NOT JUST A PLAIN JANE METAL BUILDING. IT, IT, IT, IT IS SOMETHING NICE. IT'S GOT A CANOPY STOREFRONT, GLASS STOREFRONT. AND SO WE'RE ASKING FOR THAT, FOR THAT VARIANCE TO BASICALLY FACILITATE. THERE USED TO BE A SIGN RIGHT THERE. THEY TOOK THAT DOWN. THEY, THEY DON'T NEED IT. THE ONLY SIGN IS THAT'S GONNA BE ON THE WALL. IT'LL BE 7 0 7 BASICALLY THE ADDRESS. IT'S NOT GONNA BE ANYTHING, UH, YOU KNOW, THAT'S GONNA BE OBNOXIOUS OR ANYTHING LIKE THAT. THERE WILL BE SOME, UM, SOME WALL PACKS TO LIGHT UP THE DEAL. IT WOULD IF THE, WITH THE BUFFER THERE. THERE'S, THERE'S A LOT OF HOMELESS, A LOT OF STUFF THAT GOES DOWN THERE. A LOT OF DRUG ADDICTS. UH, WE, FOR INSTANCE, WE WERE IN CONSTRUCTION. WE, WE GOT THERE AT, IN THE MORNING AND THERE WAS SOMEBODY ASLEEP UNDERNEATH THE, THE DEAL. THEN THEY WENT AHEAD AND WENT TO THE RESTROOM INSIDE THE THING. SO IT'S, IT'S REALLY NOT THE NICEST AREA OF TOWN AS FAR AS WHEN IT COMES TO, UH, THE AMOUNT OF PEOPLE THAT WALKED THAT. BUT THERE IS A GENTLEMAN THAT WALKED THE OTHER NIGHT JUST LIKE, MAN, IT'S NICE BUILDING. SO, SO THANK YOU. BUT THAT'S PRETTY MUCH IT. UH, Y'ALL HAVE ANY QUESTIONS? YEAH. SO, UH, SO YOU'VE, YOU DID A FIVE FOOT DEDICATION, BUT THE, THE SITE PLAN BEFORE SHOWS A FIVE FOOT DEDICATION WITH THE 14 FOOT OVERLAPPING, THE FIVE FOOT DEDICATION. SO IS IT 14 FOOT BELOW IT OR DOES IT OVERLAP? NO, IT'S, IT'S BEEP. IT'S BEHIND IT. SO THE, SO YOU HAVE FIVE FEET. WE GAVE THE FIVE AND THEN WE DID 14. SO IT'S 14 FEET FROM THE ORIGINAL PROPERTY LINE. SO YOUR BUILDING IS, IS 27 FEET FROM THE ORIGINAL PROPERTY LINE, WHICH MEANS THAT FROM THE BACK OF THE CPS EASEMENT, YOU'D BE, YOU'D BE, UH, 22 8 FEET. MM-HMM. . SO YOU'D ONLY REALLY HAVE EIGHT FEET YEAH. TO PUT IN A BUFFER. OKAY. SO WHAT ABOUT, UM, I NOTICED THAT THE BUILDING IS ALREADY BEING, UH, YEAH, WE, WE HAVE PARTIAL PERMITS. THIS IS THE LAST THING WE HAVE. UH, WE, WE DID A, UH, THE LANDSCAPING WE'RE, WE'RE HAND WATERING. WE'RE PLANTING SOME TREES BECAUSE, UH, THE TREES, THE, THE EXISTING TREES ALONG THE, ON THE, I GUESS PLANT SOUTH OR THE SOUTH PROPERTY LINE, SOUTH PROPERTY LINE, IT, THOSE ARE TOP. SO WE'RE NOT GETTING ANY CREDIT FOR 'EM. SO WHERE THOSE PILES OF DIRT AT, WE'RE, WE'RE GONNA CREATE A LANDSCAPING, UH, ZONE IN THERE TO ADD SOME TREES, UM, TO MITIGATE, UH, TO ADD FOR THE TREE CANOPY, NOT NECESSARILY MITIGATION, BUT FOR THE TREE CANOPY. OKAY. UM, SO MY THING IS, IS I, I SEE YOU HAVE A SEA OF ASPHALT AND I SEE, BUT I ALSO SEE THE, THE PERSON NEXT DOOR TO YOU, UH, SOUTH, IT LOOKS LIKE, UH, THEY HAVE A LITTLE ROW OF TREES, RIGHT? THE OTHER DIRECTION. YEAH. YEAH. LIKE THEY PUT SOME TREES IN A LITTLE PLANTER THERE JUST TO PUT SOME GREENERY UP. IS THAT SOMETHING YOU COULD DO IN FRONT OF THE BUILDING OR, OR IS THAT NOT PLAUSIBLE? THE, THE THING IS, IS, WELL THOSE ARE REQUIREMENTS. IT'S A DIFFERENT PRODUCT THAN OURS. AND THE, THE MOMENT YOU START PLANNING 'EM, THEN THE, IF EVEN IF YOU DID A FIVE FOOT DEAL 10 YEARS FROM NOW, FIVE YEARS FROM NOW, THE ROOTS WOULD JUST SCREW ALL THAT UP. UH, SHRUBS WOULD PROBABLY BE THE BEST OPTION. TRUTH IS, IS THAT, [01:30:01] I MEAN, IT REALLY SERVES NO PURPOSE TO US. OR IT'D BE DIFFERENT IF LIKE, WE WERE THE ONE, OR, OR AT LEAST THERE WAS DEVELOPMENT GOING DOWN THERE ON THE STREET WHERE WE'RE TRYING TO KEEP IN COMPLIANCE WITH EVERYTHING, BUT THERE'S NOTHING BEING DONE OUT THERE. AND IT'S, IT'S REALLY, IT WOULD GET IN THE WAY. OBVIOUSLY IF WE WERE TO DO LIKE A LITTLE THREE FOOT SCRIPT OR SOMETHING, MAYBE WE CAN MAKE SOMETHING LIKE THAT WORK. BUT I MEAN, THE WAY, THE WAY I SEE IT, THIS IS AN INDUSTRIAL KIND OF USE COMMERCIAL USE AND IT, THE PAVEMENT'S ALREADY THERE. EVERYTHING'S ALREADY THERE. MOMENT. WHEN YOU START CUTTING ASPHALT OUT, IT JUST BECOMES, YOU WEAKEN IT. OKAY. DOING THE WHOLE THING. SO IT CAN I ASK, UH, ONE OF THE CITY STAFF REPS IN THE BACK THAT WORKS IN LANDSCAPING? IT'S THE NEW GUY. YEAH, THE NEW GUY. AND SO WHAT I'M, WHAT I'M CURIOUS ABOUT IS, UH, CAN YOU MEET THE BUFFER REQUIREMENT USING SHRUBS? 'CAUSE I I I, I UNDERSTAND ABOUT NOT PUTTING A TREE NEXT TO A FOUNDATION, BUT A SHRUB. IS THAT SOMETHING COULD BE DONE, OR, OR IS IT YOU HAVE TO HAVE TREES? I BELIEVE SO, YES. OKAY. I CAN CONFIRM, BUT YES, I BELIEVE THEY CAN MEET WITH SHRUBS. OKAY. I'M ONLY, I'M ONLY SAYING, 'CAUSE WHEN I, WHEN I LOOK AT THIS, I'M, IT JUST SEEMS LIKE FROM THE BUILDING TO THE, TO THE EASEMENT LINE, OH, IT'S REALLY TIGHT. AND THAT'S PART OF THE, AND, AND JUST TO PUT IT IN PERSPECTIVE, RIGHT THERE AT THE BACK OF THE WALL OF THE BUILDING, IT'S, IT'S ABOUT A FIVE FOOT DROP. SO SIX FEET, SOMEWHERE AROUND THERE. SO THAT'S, I'M NOT TALKING ABOUT THE BACK OF THE BUILDING. I, I, I KNOW. I WISH I COULD PUSH THE BUILDING FURTHER BACK. WELL, WHAT I WAS, WHAT I WAS THINKING IS, IS WHAT IF WE JUST REDUCE IT TO A FIVE FOOT BUFFER AND THEN YOU COULD PUT SOME SHRUBS IN THERE AND THEN THEY'D BE AWAY FROM YOUR BUILDING AND THEN YOU'D BE MAKE PUTTING SOME GREENERY AND YOU'D BE GETTING A LITTLE BREAK. BUT, AND EX YOU KNOW, I, I'M, I'M JUST GONNA SUGGEST A, A REDUCTION IN THE BUFFER. NOT IN AN ELIMINATION, BUT NO BUFFER, UH, IN THE, IN THE 45 FOOT, UH, DRIVEWAY PATH. SO THAT'S, THAT'S WHAT I'M LOOKING AT. BUT THAT'S JUST MY THOUGHTS. I I, I DON'T LIKE EXCLUDING SOMETHING WHEN IT'S POSSIBLE TO PROVIDE IT. THAT'S ALL. ANYWAY, THAT'S JUST MY TWO THOUGHTS. 2 CENTS. ANY OTHER COMMISSIONER, DEAN, COMMISSIONER DEAN? WHAT WAS THE NAME OF THE, THE FIRM YOU MENTIONED YOU MENTIONED HAD CHANGED FROM THE ONE ON THE SLIDE? IT, IT WAS, IT IS IT BASICALLY, WELL, RED BLACK ENGINEERING, WE USED, UH, WE SUBMITTED THIS TO BUILD THIS A THROUGH THE OLD, THE, OUR, MY OLD, UH, COMPANY PROFILE. BUT THIS PROJECT IS BEING DONE THROUGH LJA ENGINEERING. LG. YES, SIR. ALRIGHT. ANY OTHER COMMISSION QUESTIONS? HEARING NONE. UM, CAN I JUST, I DON'T KNOW IF, I DON'T KNOW HOW TO FORMALLY ADDRESS THIS WHOLE THING, BUT IF THERE'S THIS OPEN TO NEGOTIATION, OBVIOUSLY WITH THE SIGNED THING, WE WENT BACK AND FORTH AND I'M TRYING TO ELIMINATE THAT. YOU, YOU'RE SUGGESTING A FIVE FOOTER? WELL, WE'RE, WE HAVEN'T SUGGESTED ANYTHING, BUT I'M JUST TELLING YOU. WELL, I GUESS, CAN I HAVE A CONVERSATION WITH YOU REAL QUICK, QUICK. THE, UH, NO , I WOULD SUGGEST IF, IF, IF, IF Y'ALL ARE OPEN TO THE REDUCTION AND IT CAN GET THROUGH, I WOULD SUGGEST COULD I GET AWAY WITH A THREE FOOT? BECAUSE IF WE'RE NOT PLANTING ANY TREES, A THREE FOOT IS BIG ENOUGH FOR ME TO PLANT THE SHRUBS. THAT'S THE ONLY REASON. I MEAN, AND, AND OBVIOUSLY I WILL TAKE THE REDUCTION RATHER THAN NOTHING. AND SO THE INTENT IS NOT TO GET AWAY WITH ANYTHING. IT'S MORE TO MAKE THESE PEOPLE'S INVESTMENT, THE MONEY THEY'RE PUTTING IN TO MAKE IT WORTH WHAT THEY, WHAT THEY'RE PAYING FOR. RIGHT. SO IT, I UNDERSTAND THAT'S NOT, BUT, BUT BY ADDING THE THREE FEET IN THERE, DEPENDING ON WHERE IT IS, I, I, I, I WISH WE WOULD'VE HAD THAT LINE THERE. I I, I UNDERSTAND. WE'RE GONNA SEE IT'S, I I'M JUST ONE PERSON, SO, OH, NO, NO. I'M LOOKING. WE'RE GONNA SEE WHAT THE THOUGHTS OF THE REST OF THE COMMISSION ARE. SO WITH THAT, I'M, THERE'S NO PUBLIC COMMENTARY. I ASSUME THERE'S NO VOICEMAILS. NO COMMENT'S. LOOKING FOR A MOTION. UM, YEAH. MR. CHAIRMAN, YOU'RE SUGGESTING, I'M SUGGESTING AN ELIMINATION OF THE BUFFER FOR THE SOUTH 45 FEET OF THE FRONTAGE AND A REDUCTION OF THE BUFFER DOWN TO, I WAS JUST GONNA SAY FIVE FEET. UH, BUT IF I'D BE OPEN TO ANYTHING YOU WOULD LIKE TO SUGGEST. NO, I THINK I JUST WANTED FOR THAT CLARIFICATION. SO IF ANYBODY WOULD LIKE TO MAKE A MOTION, MANNA COMMISSIONER MANNA REGARDING CASE NUMBER BO 8 2 4 1 0 3 0 0 1 7 2. I MOVED THE BOARD OF ADJUSTMENT. GRANTED REQUEST FOR A, UM, UM, THREE FOOT VARIANCE. I'M GONNA GO FOR THREE FOOT, SORRY, SEVEN FOOT VARIANCE OR SEVEN FOOT VARIANCE. OKAY. THE SEVEN FOOT VARIANCE. UH, THANK YOU, UH, FROM THE MINIMUM 10 FOOT BUFFER, UM, FOR, AND I THINK YOU SAID ALL ABOUT THE SOUTH 45 FOOT TO ALLOW ELIMINATION OR TO ALLOW FOR, UH, USAGE, UH, OR LIMITED USE OF THE BUFFER REQUIREMENTS ALONG A SECONDARY TO OF THE ROAD SITUATED 7 0 7 FENCE JACKSON ROAD, APPLICANT BEING RED AND BLACK ENGINEERING LLC. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINE SHOW THAT THE PHYSICAL CHARACTERS PROPERTY SUCH THAT LIBERAL ENFORCEMENT PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. UH, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THE LANDSCAPE BUFFER YARD [01:35:01] VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST AS A PREEXISTING SPACE, UM, CAN ALLOW FOR A SMALLER BUFFER TO BE ACCOMMODATED AS IS, UM, AS IT COULD BE ADJUSTED WITH REGARDS TO THE CONCRETE. AND, UM, LET'S SEE, TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE BUFFER ORDINANCE WOULD RESULT IN UNNECESSARY THAT A REDUCTION IN THE, UH, BUFFER ORDINANCE WOULD RESULT, UH, OR NOT HAVING IT WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD NEED TO ADJUST THE PLANS TO DEMOLISH THE, UH, THE ENTIRE AREA. AND WE'RE GOING TO ALLOW FOR A PARTIAL DEMO DEMOLITION. UH, THREE, BY GRANTING THE VARIANCE, THE SPARE OF THE ORDINANCE WILL BE OBSERVED. THE SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED BUFFER VARIANCE APPEARS TO BE IN SPARE OF THE ORDINANCE, AS THE LOT HAS NO OTHER AGGREGATING FACTORS AND WILL ABIDE BY OTHER BUILDING. AND LOT SETBACKS FOR THE VARIANCE WILL NOT AUTHORIZE E OPERATION WILL USE OTHER THAN THOSE USES PARTICULARLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THIS VARIANCE IS LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE CIRCLE WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT, UH, UH, SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. STAFF FINDS THAT THE BUFFER VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT UH, PROPERTIES, AS THIS VARIANCE DOES NOT APPEAR TO DIRECTLY IMPACT ANY OF YOUR PROPERTIES. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL, NOT DUE TO THE RESULT OF GENERAL CONDITIONS. AND DISTRICT, WHICH IS PROPERTY IS LOCATED. STAFF FINDS UNIQUE CIRCUMSTANCES EXISTING ON A PROPERTY AS SUCH, UH, IS THAT THE FRONTAGE, UH, WAS FULLY PAVED, UM, FROM ITS INITIAL DEVELOPMENT. UM, AND SO WITH MINIMAL DISRUPTION, UM, WE'LL BE ABLE TO, UH, ACCOMMODATE THE BUFFER AS, UH, RECOMMENDED. AND THE MOTION, UH, SECOND, IS THERE A SECOND THAT COMMISSIONER BRACKMAN, THE COMMISSIONER BARRINGTON, YOU HAD A COMMENT. UH, I'D ASK YOU TO CLARIFY THAT IN THE FIRST, THE OPERATIVE FIRST PARAGRAPH. MM-HMM. WE'RE TALKING ABOUT A SEVEN FOOT VARIANCE, A THREE FOOT BUFFER FOR THE SOUTH. I BELIEVE IT WAS 45, I THINK. I THINK THE, IN THE INTENT WAS FOR THE MOTION TO BE A, A SEVEN FOOT VARIANCE, UH, FROM THE MINIMUM 10 FOOT BUFFER, UH, TO ALLOW FOR A THREE FOOT BUFFER WITH A, AN AN A 10 FOOT VARIANCE TO ALLOW FOR ELIMINATION OF THE BUFFER ALONG THE SOUTHERN 45 FEET. 45 FEET. YES. THAT'S WHAT I WAS ASKING. AND I THOUGHT THAT'S WHERE I WAS, WHERE I, I KIND OF SAID, BUT I SAID IT BACKWARDS. YOU SKIPPED, YOU SKIPPED THE SECOND PART. WELL, I DID SAY THE 45 FEET, BUT I THINK IT WAS, I THINK IT WAS READ BETTER WITH THE, WITH THE ADJUSTMENT THAT, UH, COMMISSIONER GAVE US. SO THANK CLARIFICATION. YOU DIDN'T LEAVE THAT OUT. NO, IT WAS STATED IN THERE. BUT, BUT YES. I THINK IT'S BEEN CLARIFIED, RIGHT. COMMISSIONER MAY. SO, UM, SO I DID REDUCE IT TO THREE FOOT. 'CAUSE UM, YOU KNOW, I KNOW THAT I HAVE, THERE'S LOTS OF NICE BUSHES THAT WILL ACTUALLY CAN GROW IN THAT MUCH SPACE, UM, JUST WITH MY EXPERIENCE. AND THEN TWO, I THINK, UH, BECAUSE THE APPLICANT STATED THAT, UH, HE'S GOING TO PRESERVE A LOT OF THE TREE LANDSCAPE OR IMPLEMENT TREE LANDSCAPE AROUND THE REST OF THE PROPERTY, UM, YOU KNOW, IT WON'T BE A HEAT ISLAND. SO I THINK BECAUSE OF THOSE I'LL BE APPROVING AS READ. ALL RIGHT. COMMISSIONER BRAGMAN. UM, I AGREE WITH MY COLLEAGUE. UM, E EVEN THOUGH THIS IS AN INDUSTRIAL SECTION OF THIS STREET, IT DOESN'T MEAN IT HAS TO STAY THAT WAY. AND I AGREE THAT, THAT WITHOUT TREES AND BUSHES, IT IS PERPETUATES THE HEAT DOME THAT WE HAVE, UH, IN THE CITY. SO I'LL BE IN SUPPORT OF THE MOTION AS READ. ANY OTHER COMMISSIONERS YOU'D LIKE TO ADD? AND I JUST WANTED TO STATE, UH, THAT I WAS REQUESTING SOME SORT OF BUFFER. 'CAUSE THERE ARE RESIDENTIAL HOMES ACROSS FROM VANCE JACKSON, AND THAT AREA OF, OF, UH, PAVEMENT IS COMPLETELY USELESS. THERE'S NO PARKING, THERE'S NO ACCESS. IT'S JUST SITTING THERE. SO, AND IT'S WITHIN A HUNDRED FEET OF THE BUILDING. SO THEY COULD USE, UH, UM, A HOSE BIT FOR WATERING PURPOSES. SO IT PRESENTS NO ADDITIONAL BURDEN ON THE APPLICANT. UH, THE BILL WOULD THERE, WOULD THERE BE, UH, COULD THERE BE A FRIENDLY AMENDMENT DOWN TO THE THREE FEET AS THE APPLICANT? YEAH, AND THAT'S WHAT IT WAS READ FOR AS A THREE FOOT. OH, OKAY. AND THEN, OH, OH YEAH, WE COULD THEN TAKE IT DOWN TO LIKE A FOOT. SO LET'S HAVE A ROLL CALL. VOTE PLEASE. . COMMISSIONER MANO, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVEN? YES, I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER GOMEZ. I CONCUR. COMMISSIONER BENAVIDEZ. I CONCUR. COMMISSIONER OZUNA, I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR THE FINDINGS OF FACT. UH, MOTION PASSES UNANIMOUSLY. IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. THANK YOU. THANK YOU. UH, [ Approval of Minutes  ] NEXT IS THE MINUTES. UH, I DID SEE REAL QUICK. YES. ITEM NUMBER ONE. I WOULD SUGGEST NOT CONSIDERING IT. UM, WE'LL POSTPONE IT AND IF THEY WANT TO COME BACK, THEY JUST PAY TO POSTPONEMENT FEE. WE'LL RE ADVERTISE IT AND TAKE IT FROM THERE. SO NO ACTION RE UH, REQUIRED. NO ACTION REQUIRED FROM THE BOARD. ALRIGHT, SO THAT'S THAT. UNLESS [01:40:01] THERE'S ANYONE ON THE COMMISSION WHO LIKES TO, UH, SPEAK UP ABOUT ITEM ONE. ALL RIGHT. HEARING NONE, UH, LET'S GO FOR THE MINUTES. UH, I NOTICED I HAD A FEW CORRECTIONS THAT LOOKED LIKE THERE WERE SOME MORE THAT WERE SENT IN I MAYBE OVER THE WEEKEND. UM, IS THERE ANY OTHER AMENDMENTS? I, I SUBMITTED SOME. I SAW THOSE. YEAH. UH, IS THERE ANYTHING ELSE? HEARING NONE. HAVE A MO OF A MOTION PLEASE. IS THERE A MOTION TO APPROVE? MOTION TO APPROVE. COMMISSIONER BRAGMAN. COMMISSIONER SECOND. IS THERE A SECOND? SECOND. SECOND BY COMMISSIONER CRUZ. ALL IN FAVOR SAY AYE. AYE. ANY OPPOSED? HEARING NONE. UH, MOTION PASSES. IS THERE ANY DIRECTOR'S REPORT? NO. NOTHING TO REPORT. WE DO HAVE SOME STUFF COMING UP IN NOVEMBER, BUT WE'LL LET YOU KNOW ONCE THAT HAPPENS. JUST SOME BRIEFINGS AND STUFF COMING UP. I'M GETTING FEARFUL OF OCTOBER 7TH. WE'VE BEEN CONTINUING A LOT OF STUFF THERE, . ALL RIGHT, SO WITH THAT, IT IS 2 43. ALMOST A RECORD. IF IT ISN'T A RECORD, WE'RE HERE BY ADJOURN. GOD. * 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.