* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:04] ORDER. WE'RE GONNA GET RID OF SOME, UM, INTRO STUFF AND SOME HOUSEKEEPING. IF WE CAN HAVE THE SPANISH INTERPRETER COME OUT, PLEASE. GONNA START THIS INTERPRETER. ESPANOL. THANK YOU VERY MUCH. STAFF, CAN YOU PLEASE CALL ROLL. I UNDERSTAND WE STILL HAVE TWO THAT WE'RE WORKING ON ONLINE. COMMISSIONER BARRINGTON? HERE. COMMISSIONER STEVENS. PRESENT. COMMISSIONER IVANEZ PRESENT. COMMISSIONER DEAN. COMMISSIONER CRUZ. COMMISSIONER GOMEZ. COMMISSIONER MANNA PRESENT. COMMISSIONER BRAGMAN PRESENT. COMMISSIONER BENAVIDEZ TWO. COMMISSIONER UNA. THERE WERE TWO THUMBS UP. ONE FROM DEAN AND ONE FROM BEDA PRESENT. THANK YOU. COMMISSIONER VASQUEZ. PRESENT, COMMISSIONER EZ. HERE, CHAIR OYEN. AND I AM HERE. IF EVERYONE COULD PLEASE, UH, STAND AND JOIN ME. IN THE PLEDGE, I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD INVISIBLE WITH LIBERTY AND JUSTICE FOR AROUND THE WORLD HONORABLY TEXAS FLAG. I PLEDGE ALLEGIANCE TO BE TEXAS. ONE STATE UNDER GOD. ONE AN INDIVISIBLE. ALL RIGHT, SO BEFORE WE PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION. UH, THE BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE 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 DIRECTOR'S REPORT. LASTLY, AS CHAIR WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS, I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS THE CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING. WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY CITY COUNCIL. THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY, NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT, AND WE DO NOT GET IN 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 IN AN APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUEST FOR VARIANCES FROM THE 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 OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY'LL BE QUESTIONED BY THE MEMBERS OF THE BOARD AND THE OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER. AFTER EVERYONE HAS HEARD THE CASE WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION, EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION. IN ORDER FOR A MOTION TO CARRY. IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES. THE BURDEN OF PROOF IN GRANTING THE RELEASE SOUGHT REST WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL. SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S. DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. PLEASE LIMIT YOUR PRESENTATION AND REMARKS OF THE PERTINENT FACTS OF YOUR CASE STAFF. ALRIGHT, [ Briefing and Possible Action on the following items  ] GOOD AFTERNOON. STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST. PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS YOU HERE TO BE CONSIDERED FOR THE VARIANCE OR SPECIAL EXEMPTION AND A PROPERTY WITHIN 200 FEET OF THE SUBJECT PROPERTY CHECK MARKS INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION. FOLLOWING THIS PRESENTATION AND ANY QUESTION ABOUT A BOARD, THE APPLICANT WILL PRESENT THE REQUEST FOR THOSE THAT SIGNED UP TO SPEAK FOR OR AGAINST A PROPOSED VARIANCE OF SPECIAL EXEMPTION. YOU'LL BE CALLED IN THE ORDER TO SIGN UP TO SPEAK AND THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM THREE MINUTES PER SPEAKER AND YOU'RE NOT OBLIGATED, OBLIGATED TO UTILIZE A MAXIMUM TIME LIMITATION. FOR THOSE I WOULD LIKE TO GO THEIR TIME TO THE SPEAKER. THAT SPEAKER WILL BE ALLOWED A MAXIMUM TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU, CHAIRMAN. [00:05:01] YES. UH, SO I UNDERSTAND THAT ITEM NUMBER SIX WAS, WAS WITHDRAWN. WAS THERE SOMEONE WHO HAD SIGNED UP TO SPEAK ON THAT ITEM OR ANY VOICEMAILS? UH, NO SIR. OKAY. UH, WE ALSO HAVE THREE ITEMS THAT ARE REQUESTING A CONTINUANCE. ITEM NUMBER TWO AT 4 23 EAST ASHBY. ITEM NUMBER THREE AT 3 2 8 EAST SUNSET, UH, AND ITEM NUMBER 10 AT 13 0 0 3 TOPPER WINE ROAD. IS THERE ANYBODY, UH, ANY VOICEMAILS OR ANYONE SIGNED UP TO SPEAK ON THAT MATTER? WE DO HAVE ONE, UH, SPEAKER AND TWO VOICEMAILS SIGNED UP FOR ITEM NUMBER TWO. IS THAT OKAY? OKAY. UH, SO WHEN, JUST TO MAKE SURE THAT, UH, THOSE ITEMS ARE REQUESTING CONTINUANCE FOR THE, FOR THE INDIVIDUAL WHO IS IN THE GALLERY, UH, IF, UH, YOU KNOW, YOU'RE WELCOME TO SPEAK OR YOU CAN, UH, COME BACK, UH, WHEN THIS IS, IS HEARD, UH, IF THE CONTINUANCE DOES PASS. SO WITH THAT WAS, UH, ALL THREE ARE BEING, UH, CONTINUED TO NOVEMBER 18TH, AT LEAST THAT'S WHAT THE REQUEST IS JUST FOR THE REST OF THE COMMISSION. NOVEMBER 18TH. UH, YES. MOVE TO CONTINUE TO NOVEMBER 18TH. WELL, WE'RE GONNA HEAR A BRIEF, UH, PRESENTATION FIRST, UH, ITEM NUMBER TWO, PLEASE. ALL RIGHTY. ITEM NUMBER TWO IS BO 8 2 0 6 REQUEST BY NORTH POINT ROYALTY GROUP FOR A SPECIAL EXEMPTION TO ALLOW THREE ADDITIONAL TYPE THREE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMITS ON A BLOCK FACE. UM, LOCATED AT 4 23 EAST ASHBY. UNIT TWO, THREE, AND FOUR STAFF RECOMMEND DENIAL AND THEY'RE REQUESTING FOR A NOVEMBER 18TH CONTINUANCE. OKAY. I UNDERSTAND WE HAVE TWO VOICEMAILS AND ONE SPEAKER. I'LL PLAY THE VOICEMAILS FIRST. YES, PLEASE. GOOD MORNING. YES. THIS IS FOR AGENDA ITEM NUMBER 2 4 23 EAST ASHBY. MY NAME IS BIANCA MALDONADO. I RESIDE AT 4 57 CLUB DRIVE. I APPRECIATE, UH, THE OPPORTUNITY TO LEAVE A PUBLIC COMMENT. I WOULD RESPECTFULLY REQUEST THE BOARD OF ADJUSTMENT COMMISSIONERS TO DENY THE APPLICATION THAT IS BEFORE YOU FOR THREE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMITS TO BE APPLIED TO THIS ADDRESS WHERE THERE IS CURRENTLY ONE WHERE THERE WILL GIVE A TOTAL OF FOUR TYPE TWO SHORT-TERM RENTALS. THIS COMPLETELY GOES AGAINST THE SHORT-TERM RENTAL ORDINANCE THAT WAS CREATED AS A STAKEHOLDER WHO SAT ON THE ORIGINAL TA TASK FORCE THAT CREATED THE ORDINANCE AND SUBSEQUENTLY UPDATED THE ORDINANCE THIS PAST SUMMER. UM, THE PURPOSE OF SHORT, THE SHORT-TERM RENTAL ORDINANCE IS SPECIFICALLY TO PROTECT THE INTEGRITY OF THE NEIGHBORHOODS IN WHICH SHORT-TERM RENTAL PROPERTIES OPERATE, AND ALSO FOR THE HEALTH AND SAFETY OF THE OCCUPANTS WITHIN THE SHORT-TERM RENTALS. UH, WHEN THEY ARE UTILIZED IN THIS PARTICULAR INSTANCE, THE PROPERTY RECENTLY SOLD, UM, IN JULY 1ST OF THIS YEAR. SO WE HAVE A NEW OWNER. UM, AND I THINK IT'S IMPORTANT THAT WHEN YOU LOOK AT THE OVERALL SITE AND SETTING THAT YOU TAKE INTO ACCOUNT THE TWO ADJACENT SINGLE FAMILY PROPERTIES LOCATED AT FOUR 15 AND FOUR 19, UM, DIRECTLY ADJACENT TO THIS PROPERTY. THEY HAVE NO OFF STREET PARKING AMENITIES AND ARE DEPENDENT ON ON STREET PARKING FOR ACCESS TO THE PROPERTY. UH, WHEN YOU SEEK TO ADD FOUR TYPE TWO SHORT-TERM RENTAL PROPERTIES THAT'LL OPERATE ON THIS, IT SEEKS TO CHANGE THIS PROPERTY IN ITS TOTALITY AND HOW IT CONTRIBUTES TO THE OVERALL COMMUNITY. IT ELIMINATES THE MIDDLE HOUSING THAT CURRENTLY EXISTS AND IT'S SOMETHING THAT HAS BEEN IDENTIFIED BY THE CITY OF SAN ANTONIO IS SOMETHING THEY WOULD LIKE TO INCREASE IS THE AMOUNT OF MIDDLE HOUSING. AND UNFORTUNATELY TURNING THIS ENTIRE PROPERTY INTO A SHORT TERM RENTAL OPERATION, UH, DOESN'T GIVE BACK IN A POSITIVE MANNER TO THE OVERALL COMMUNITY SPECIFICALLY ON THIS BLOCK. SO I'D ASK THAT YOU DENY THIS APPLICATION BEFORE YOU AND ALLOW JUST THE ONE TYPE TWO THAT CURRENTLY OPERATES ON THIS PROPERTY TO CONTINUE TO OPERATE. THANK YOU YOU FOR CONSIDERATION OF MY COMMENTS AND THANK YOU FOR YOUR SERVICE. SIMA COLVIN, 8 1 7 WEST MAGNOLIA AVENUE REGARDING AGENDA ITEM NUMBER TWO FOR 4 2 3 EAST ASHBY DEAR BOARD OF ADJUSTMENT COMMISSIONERS. ALTHOUGH I DO NOT LIVE WITHIN THE 200 FOOT NOTIFICATION AREA, I DO LIVE IN A TIER ONE NEIGHBORHOOD AND THEY SERVED ON THE TASK FORCE THAT HELPED CRAFT THE STR ORDINANCE. THIS REQUEST IS EVERYTHING WE TRIED TO GUARD AGAINST. WHILE WE BELIEVED THAT LENIENCY AND FLEXIBILITY WERE WARRANTED WITH THE TYPE ONE STR, WHICH REQUIRES THAT THE OWNER LIVE ON SITE AND THEREFORE DOES NOT CONTRIBUTE TO THE DESTABILIZATION OF A NEIGHBORHOOD, TYPE TWO OR NON-OWNER OCCUPIED S STR REPRESENT MORE OF A COMMERCIAL ENDEAVOR. WE ALSO WORK TO BALANCE PEOPLE'S ABILITY TO CREATE INCOME WITH LONG-TERM HOUSING NEEDS. WE HEAR ALL THE TIME ABOUT A DURS OF MIDDLE HOUSING [00:10:01] IE ONE TO FOUR UNITS, AND HERE WE HAVE A PERFECT EXAMPLE OF JUST SUCH HOUSING TO ALLOW IT TO BE CONVERTED TO A MINI SELF-SERVE HOTEL WOULD BE A DISSERVICE TO THE NEIGHBORHOOD AND THE CITY TO SUPPORT THIS REQUEST WOULD GO AGAINST THE SPIRIT OF THE STR ORDINANCE AND THE CITY'S EFFORTS TO INCREASE HOUSING. I APPRECIATE AND SUPPORT STAFF'S RECOMMENDATION FOR DENIAL AND ASK THAT Y'ALL DO THE SAME. THANK YOU. ALL RIGHTY. UM, WE HAVE ONE SPEAKER, MR. JOSEPH TODD, IF YOU CAN STATE YOUR NAME AND ADDRESS AND GO AHEAD WITH YOUR STATEMENT. SURE. UH, MY NAME IS UH, JOE TODD, AND, UH, MY MOM OWNS THE PROPERTY AT FOUR 15 EAST ASHBY, WHICH IS INSIDE THAT 200, UH, FOOT UH, CIRCLE. UM, I MANAGE IT. WE'VE GOT THREE TENANTS IN THAT PROPERTY AND AS THE, UH, PREVIOUS TWO SPEAKERS ON THE, UH, ON THE VIDEO OR THE PHONE HAVE MENTIONED, BOTH OF THOSE ARE GREAT. THEY'RE BETTER, BETTER SPEAKERS THAN ME, BUT I'LL TELL YOU, WE DO HAVE A STRUGGLE WITH PARKING. UM, WE HAVE A STRUGGLE WITH, UH, ST. MARY'S STRIP AND UH, I WOULD SAY THAT, UM, IT WOULDN'T ADD ANYTHING TO THE CHARACTER OF THE NEIGHBORHOOD AT ALL. IT WOULDN'T HELP. UM, AS FAR AS THE, UH, ACCESS TO THE BACK OF EAST ASBY, THERE'S A, IT'S A KIND OF A LANE SO TO SPEAK. SO IT'S KINDA LIKE A TAKE A NORMAL STREET AND LIKE CUT IT IN HALF AND THAT'S KINDA LIKE YOUR ACCESS BEHIND, UH, ASHBY. SO MY THOUGHT WOULD BE THAT IF YOU, IF YOU TAKE ONE SHORT-TERM RENTAL AND YOU TURN IT INTO FOUR WHERE TWO ADULTS CAN BE IN THERE, YOU'VE GOT A POTENTIAL OF EIGHT CARS. THAT WOULD BE FROM PEOPLE THAT ARE SHORT TERM THERE. AND THEN ALSO THEY MIGHT HAVE VISITORS OR GUESTS WHICH COULD ALSO COMPLICATE THE PARKING. UH, SO FOR THAT REASON, FOR TRASH FOR CHAOS, ASHBY'S ALREADY A WONDERFUL PLACE. I ALSO LIVE ON ASHBY. I'M AT 1 2 9 EAST ASHBY. SO I'M REAL FAMILIAR WITH THE AREA. I DON'T SEE AS HOW THIS WOULD BE A POSITIVE IMPACT AT ALL. UH, SO I WOULD ALSO ASK THAT YOU MIGHT CONSIDER STRONGLY UH, REJECTING THIS PROPOSAL. ALRIGHT, UM, I HAVE A QUESTION SO WE DON'T HAVE TO DO A CONTINUANCE. IF SOMEBODY WANTS TO RECOMMEND A, UM, MANANA MOTION, WE CAN CERTAINLY DO THAT AS WELL. COMMISSIONER MANNA. I I LIKED THAT IDEA. ALRIGHT, PLEASE PROCEED. SO REGARDING CASE NUMBER, UH, BO OA, UH, 2 4 1 0 3 0 0 2 0 6, I MOVED TO THE BOARD OF ADJUSTMENT GRANT TO SPECIAL EXCEPTION TO ALLOW FOR THREE TYPE TWO SHORT-TERM RENTAL UNITS SITUATED AT 4 2 3 EAST ASHBY PLACE, UNITS TWO, THREE, AND FOUR, APPLICANT BEING NORTH POINT REALTY GROUP. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CARE TO THIS PROPERTY IS SUCH THAT LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC UM, AS AMENDED WOULD RESULT IN NECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY. THE BOARD FINDS THAT A REQUEST TO OPERATE THREE ADDITIONAL SHORT-TERM RENTALS IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY OR WELFARE. THERE IS NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY. B, THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE. THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE A PUBLIC NUISANCE WOULD BE CREATED IN THREE ADDITIONAL SHORT-TERM RENTAL PERMITS. IF THREE ADDITIONAL SHORT-TERM RENTAL PERMITS WERE APPROVED, UH, C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY, MULTIPLE MULTI-FAMILY STRUCTURES. THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WILL SUBSTANTIALLY INJURE NEIGHBORING PROPERTY AS A TIGHT TWO SHORT-TERM RENTAL. D, ADEQUATE UTILITIES, ACCESS, ROADS, STORM DRAINAGE, RECREATION, OPEN SPACE AND OTHER NECESSARY FACILITIES HAVE BEEN OR BEING PROVIDED. THE SUBJECT PROPERTY PROVIDES OFF STREET PARKING, APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE. E THE APPLICANT OR OWNER OF THE SPECIAL EXCEPTION DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES. CONFIRMED CITATIONS OR EDUCATED UH, OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 22 WITH THE CITY CODE WITHIN ONE YEAR PRIOR TO THE DATE OF APPLICATION. THE APPLICANT AND OWNER DOES NOT HAVE CONFIRMED CITATIONS OR EDUCATED OFFENSES OR CONVICTIONS FOR THE SUBJECT PROPERTY. F THE SPECIAL EXCEPTION WILL NOT ALTER THE CENTRAL CHARACTER OF THE DISTRICT AND LOCATION, WHICH IS PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO OTHER RESIDENTIAL USES WITH THE PROPERTY OWNER PROVIDING ALL STREET PARKING AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY. THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE CENTRAL CHARACTER OF THE DISTRICT AND LOCATION, WHICH IS PROPERTY IS SEEKING THE SPECIAL EXCEPTION. END OF MOTION. SECOND. SECOND BY COMMISSIONER STEVENS. COMMISSIONER MANNA. AND, UM, I, I THINK WE STILL NEED TO HEAR FROM THE APPLICANT. IS THE APPLICANT PRESENT? IS THE APPLICANT PRESENT FOR 4 23 EAST ASHBY? THE APPLICANT IS NOT PRESENT AT THIS MEETING. OKAY. ALRIGHT, COMMISSIONER [00:15:01] MANANA. SO, UM, SO HEARING FROM SOME OF THE COMMUNITY INPUT AND THEN LOOKING AT ALL OF THE FINDINGS OF FACT, UM, I THINK THAT AT LEAST FOUR OF THE FIVE ARE NOT TRUE IN THIS CASE. UM, AND SO, UM, I THINK THAT THE LOOKING AT DENSITY, THIS ONE I BELIEVE PUTS THAT THAT BLOCK AT 10 UH, UNITS, UH, IF WE COUNT THIS FOR BEING FOUR. AND SO, UH, THAT DENSITY WOULD NOT BE APPROPRIATE, UM, I GUESS IN THIS COMMUNITY. SO I WILL NOT BE VOTING IN FAVOR. COMMISSIONER STEVENS, I WILL NOT BE IN FAVOR OF THIS REQUEST EITHER. UM, I THINK THESE UNITS ARE WHAT'S GREAT ABOUT THESE NEIGHBORHOODS AND LETTING THEM BECOME SHORT-TERM RENTALS WOULD, WOULD NOT BE THE RIGHT SOLUTION. SO THAT'S IT. AND ANY OTHER COMMISSIONS LIKE TO ADD COMMISSIONER? OH YEAH, TON. THE PROBLEM I HAVE WITH THIS CASE, EXCUSE ME, IS THAT I THINK THE WHOLE CASE IS FRAMED WRONGLY. THE APPLICANT IS NOT REALLY ASKING FOR A SPECIAL EXCEPTION. HE'S ASKING FOR A ZONING CHANGE TO TURN THE PROPERTY INTO AN EXTENDED STAY HOTEL. AND THAT OF COURSE IS THE ONE THING WE CANNOT DO IS CHANGE THE ZONING. I THINK EFFECTIVELY THIS WOULD BE A ZONING CHANGE AND HE'S IN THE WRONG FORM FOR THAT. HE HAS TO GO TO THE ZONING COMMISSION AND THE COUNCIL, RIGHT. COMMISSIONER ZUNA? YEAH. MY, SO MY ONLY CONCERN IS THAT I DON'T KNOW WHAT HAS BEEN COMMUNICATED TO THE APPLICANT IN THINKING THAT MAYBE HIS CONTINUANCE WOULD BE AN AUTOMATIC GRANT. UH, AND SO THAT PROCESS IS MY CONCERN THAT THE APPLICANT'S NOT HERE TO DEFEND HIMSELF AND WE'RE TAKING A VOTE ON HIS PROPERTY NOW. UM, YEAH, FOR WHAT THAT'S WORTH. YEAH. MY, MY 2 CENTS IS, IS, UH, YOU KNOW, IF IT WAS, IF HE WAS ASKING FOR ONE ADDITIONAL, THAT'S ONE THING HE'S ASKING FOR THREE. THE DENSITY IS WAY TOO HIGH. HE DOESN'T HAVE ADEQUATE PARKING AND I, YOU KNOW, I I, UNLESS HE WERE TO TELL US THAT HE WAS BUYING THE PROPERTY NEXT DOOR AND TURNING IT INTO A PARKING LOT THERE, I, I CAN'T SEE MYSELF EVER GETTING BEHIND THIS. SO I'M, I'M READY TO MOVE FORWARD TODAY. UM, ANYONE ELSE? MR. UH, MR. CHAIR? I WANNA JUST PROVIDE CLARIFICATION. UM, ALTHOUGH IT IS ZONED R SIX, THEY DID RECEIVE AN NCU LETTER FOR FOUR DWELLING UNITS AT THAT PROPERTY. OKAY, THANK YOU. UH, IS THERE ANY OTHER COMMISSIONERS' LIKE TO ADD HEARING NOW? LET'S HAVE ROLL CALL VOTE COMMISSIONER MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER STEVENS? NO, I DO NOT CONCUR. COMMISSIONER BARRINGTON? NO, I DO NOT. CONCUR. COMMISSIONER IBANEZ? I DO NOT CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER BRAGMAN? I DO NOT CONCUR. COMMISSIONER BENAVIDES? I DO NOT CONCUR. COMMISSIONER OZUNA? I DO NOT CONCUR. COMMISSIONER VASQUEZ? I DO NOT CONCUR. COMMISSIONER EZ? NO I DO NOT. CONCUR. CHAIR ORIAN AND I DO NOT CONCUR. MOTION FAILS. ZERO TO 11. ALL RIGHT. UM, ITEM NUMBER THREE WAS ALSO REQUESTING A CONTINUANCE, UH, TO FURTHER COORDINATE WITH THE NEIGHBOR ASSOCIATION. I UNDERSTAND. IS THERE ANY VOICEMAILS OR CITIZENS SIGNED UP FOR THAT? NO PUBLIC COMMENT ON THAT. ALL RIGHT. I READ THAT INTO THE RECORD. SURE. PLEASE CON, PLEASE READ INTO THE RECORD BO OA 24 1 0 3 0 0 1 68 REQUEST BY JOHNNY CANVAS HOLMES FOR A 10 FOOT VARI FOR THE MINIMUM OF 20 FOOT REAR SETBACK TO ALLOW A 10 FOOT REAR SETBACK ON SEVEN LOTS LOCATED AT 3 28 EAST SUNSET ROAD. STAFF RECOMMENDING APPROVAL, NO PUBLIC COMMENT AND THE APPLICANT IS REQUESTING CONTINUANCE TO NOVEMBER 18TH. ALL RIGHT. UM, ANY COMMISSIONER? I'D LIKE TO MAKE A MOTION ON THAT ONE. I'LL MOVE TO CONTINUE TO NOVEMBER 18TH. ALL RIGHT. IS THERE A SECOND? SECOND. WE HAVE A SECOND. UH, MOTION TO SECOND. ALL IN FAVOR SAY AYE. A. ANY OPPOSED? HEARING NONE. UH, MOTION PASSES. ITEMS CONTINUE TO NOVEMBER 18TH. UH, LET'S SEE. NEXT ONE IS, IS NUMBER 10. ALL RIGHTY. ITEM NUMBER 10 BO 8 24 1 0 3 0 0 2 0 1. REQUEST BY RT MCKNIGHT, PLC 4 55 FOOT VARIANCE FROM THE IH ONE NORTHEAST GATEWAY CORRIDOR DISTRICT 60 FOOT SIDE SETBACK REQUIREMENT TO ALLOW A FIVE FOOT SIDE SETBACK FOR RESIDENTIAL DEVELOPMENT ON THE SOUTHERN PROPERTY LINE LOCATED AT 13 0 0 3 TOPPER WINE ROAD. STAFF RECOMMENDED DENIAL APPLICANT IS REQUESTING A CONTINUANCE TO NOVEMBER 18TH. NO PUBLIC COMMENT ON THIS. ALL. UM, IS THERE A, A COMMISSIONER WHO'D LIKE TO MAKE A MOTION ON THIS ONE? BRAGMAN COMMISSIONER BRAGMAN, I MOVE THE, WE CONTINUE CASE NUMBER BO OA DASH 24 DASH 0 3 0 0 2 0 1 2. NOVEMBER 18TH. THERE SECOND. SECOND. ALL RIGHT. ALL IN FAVOR SAY AYE. AYE. [00:20:01] ANY OPPOSED? HEARING NONE. MOTION PASSES. ITEM 10 IS CONTINUED TO NOVEMBER 18TH. UH, ITEM NUMBER ONE, GOOD AFTERNOON. ITEM NUMBER ONE IS LOCATED AT 6 9 0 6 WESTFIELD BOULEVARD. IT'S WITHIN CITY COUNCIL DISTRICT SIX. THE APPLICANT IS JAMES AND RACHEL JACKSON. AND THE REQUEST IS FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK FACE. THE CURRENT ZONING IS R SIX FOR RESIDENTIAL SINGLE FAMILY, THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE PER SECTION 35 DASH 3 7 4 0.01 OF THE CITY CODE TYPE TWO SHORT TERM RENTALS SHALL BE LIMITED TO NO MORE THAN ONE EIGHTH OR 12.5% OF THE TOTAL NUMBER OF SINGLE FAMILY DUPLEX, TRIPLEX, OR QUADPLEX UNITS ON THE BLOCK PHASE. SO THIS IS THE TYPE TWO DENSITY COUNT. THERE ARE CURRENTLY EIGHT UNITS ON THIS BLOCK PHASE WITH ONE ACTIVE STR TYPE TWO CURRENTLY ON THE BLOCK PHASE BEING AT 6 9 2 6 WESTFIELD. IT'S INDICATED BY THAT RED MARKER. UH, SO CURRENTLY THE BLOCK PHASE IS AT 12.5% AND IF THE SECOND TYPE TWO STR IS APPROVED, THE BLOCK PHASE WILL BE AT 25%, WHICH, WHICH EXCEEDS THAT 12.5% DENSITY FOR TYPE TWO STR. AND THERE ARE NO CODE VIOLATIONS OR INVESTIGATIONS. AND THIS IS AN ACTIVE LISTING AND THIS IS THE SITE PLAN. AND THEN THE NEXT COUPLE OF PHOTOS ARE THE SUBJECT PROPERTY PHOTOS FROM OUR SITE VISITS. SO THAT'S TO THE EAST, TO THE WEST AND TO THE NORTH STAFF. RECOMMENDATION FOR THE SPECIAL EXCEPTION STAFF RECOMMENDS A DENIAL OF THE APPLICANT'S REQUEST FOR A SPECIAL EXCEPTION. AND THIS IS THE NOTIFICATION PLAN. STAFF MAILED OUT 36 NOTICES. WE HAD ONE IN FAVOR, ZERO IN OPPOSITION. UH, THE SUBJECT PROPERTY IS NOT LOCATED WITHIN THE BOUNDARY OF ANY NEIGHBORHOOD ASSOCIATIONS. UM, AND THEN WE HAD NO RESPONSE FROM ANY OF THE COMMUNITY ASSOCIATIONS. AND THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. JUST ONE QUICK QUESTION. UM, THERE'S A DRAINAGE RIGHT AWAY RIGHT IN THE MIDDLE. UM, CAN YOU PLEASE CLARIFY TO THE BOARD WHETHER ALLEYS DRAINAGE RIGHT AWAY OR JUST YOUR EASEMENTS, HOW THAT AFFECTS BLOCK FACE? UH, SO YES IT DOES SEPARATE THE BLOCK FACE. UM, SO IN THIS CASE, UH, IT WOULD BE A TOTAL OF EIGHT UNITS ON THIS BLOCK PHASE. AND EVEN IF THAT DRAINAGE RIGHT OF WAY WAS NOT THERE, UM, A SECOND TYPE TWO WOULD NOT BE PERMITTED EITHER WAY 'CAUSE THERE WERE ONLY 14 UNITS. YEAH, BUT I WAS, I'M JUST CURIOUS. SO IF IT, WAS IT, IF IT WAS AN ALLEY, DOES THAT SEPARATE BLOCK PHASE CORRECT. AS LONG AS IT'S A UM, RIGHT OF WAY THAT IS, UM, OWNED BY THE CITY OF SAN ANTONIO, THEN IT WOULD. UM, OKAY. I JUST WANTED TO PUT THAT OUT THERE FOR EVERYBODY 'CAUSE I KNOW WE DON'T SEE THAT TOO OFTEN. ALRIGHT, THANK YOU VERY MUCH. YES, COMMISSIONER ZUNA. SO YOU MENTIONED IN YOUR STATEMENT THAT IT'S AN ACTIVE LISTING. UM, WHEN DOES THE, UM, CO WHEN DOES THE, THE UM, SYSTEM GO INTO PLACE WHERE THEY HAVE TO SHOW A SHORT-TERM RENTAL LICENSE AS PART OF THE LISTING AGREEMENT? 'CAUSE OBVIOUSLY THEY'RE MM-HMM. LISTING THIS WITHOUT THE SHORT-TERM RENTAL LICENSE. CORRECT. SO THAT WENT INTO EFFECT, UM, DURING THE MOST RECENT ORDINANCE UPDATE BACK IN, UM, BACK IN JUNE. SO IT IS REQUIRED THAT THEY DO LIST THEIR STR PERMIT ON THAT LISTING, BUT THIS ONE IS ACTIVE LISTED AND DOESN'T HAVE THE PERMIT LISTED ON IT. CORRECT? YES SIR. OKAY. SO, SO WHAT, HOW IS THAT GONNA BE CORRECTED OR GOING FORWARD? 'CAUSE IT WOULDN'T BE JUST THIS CASE. THERE'S PROBABLY OTHER LISTINGS OUT THERE THAT DON'T HAVE THAT. MM-HMM, , UH, TO CLARIFY THAT, SO IF IT WAS BEFORE THE, UH, ORDINANCE UPDATE IN JUNE, 2024, THERE WASN'T A REQUIRED STR PERMIT FIELD IN THERE. SO WHAT WE CAN DO IS JUST LET THEM KNOW IF IT DOES GET APPROVED TO JUST UPDATE THEIR LISTING TO INCLUDE THE STR PERMIT. BUT MOVING FORWARD, UM, THESE, THE ADVERTISING, UH, WEBSITES, WILL THEY, WILL THEY ALLOW, UH, AN ADVERTISEMENT TO OCCUR WITHOUT A LISTING? OR IS THAT SOMETHING THAT'S PART OF Y'ALL'S NEGOTIATION WITH THEM? IT IS MANDATORY TO PUT YOUR SDR PERMIT NUMBER THERE. HOWEVER, IF IT, THEY CAN ALSO ENTER ANY NUMBER THEY WANT. SO OUR STAFF DOES GO IN THERE AND VERIFY THAT THE NUMBER THEY PROVIDED WAS IN FACT A VALID STR PERMIT NUMBER AND IF IT, IT WAS NOT, WE CAN REACH OUT TO THE APPLICANT AT THAT TIME IF WE FIND THERE'S NO SDR PERMIT ON FILE AND COORDINATE THAT WITH THE PLATFORMS TO LET THEM KNOW THAT THEY DON'T HAVE AN ACTIVE LISTING. I MEAN, THEY DON'T HAVE AN ACTIVE SDR PERMIT AND REMOVE THEIR LISTING. SO. SO THE [00:25:01] CITY IS A CHECK, NOT THE PLATFORM? CORRECT. OKAY. MANNA? YES. COMMISSIONER MANNA. SO QUESTION FOR CITY STAFF. UM, SO, SO IT'S, IF I HEARD CORRECTLY, THERE WAS NO, UM, VIOLATIONS AT THIS POINT. WOULD THAT IMPLY THAT THERE THIS PROPERTY HASN'T BEEN RENTED AT ALL SINCE JUNE? UM, YOU KNOW, WITH REGARDS TO THE HOT TAX AND EVERYTHING AT THIS TIME, I CAN'T, I CAN'T CONFIRM IF THERE WAS, THEY WERE ACTIVELY LISTING BEFORE, DESPITE NOT HAVING ANY STR VIOLATIONS. UM, IN TERMS OF HOT A TAX PRD, SO ANYONE CAN APPLY, GET A TAXPAYER ID WITHOUT GETTING A PERMIT FIRST, WHICH IS WHAT THIS APPLICANT DID DO. AND HE HAS BEEN REPORTING THE MONTHS HE HAS BEEN ACTIVELY LISTING. OKAY, THANK YOU. ALRIGHT, LET'S HEAR FROM THE APPLICANT. IF YOU COULD PLEASE STATE YOUR NAME AND, UH, TELL US ABOUT YOUR PROJECT. THANK YOU SO MUCH FOR, UM, TAKING YOUR TIME TODAY. MY NAME'S RACHEL JACKSON AND I CURRENTLY RESIDE AT 56 0 1 GRANGER AND THIS IS MY HUSBAND JAMES. UM, WE ARE HERE TODAY TO SEE IF WE CAN GET APPROVED FOR THIS SECOND, UM, STR IN OUR NEIGHBORHOOD. IN OUR, UM, NEIGHBORHOOD THAT WE'RE INTERESTED IN WORKING WITH, UM, THERE WAS TWO ITEMS THAT THE, UM, THAT WERE FOUND TO BE, I GUESS AS A DISAPPROVAL FOR THE STR. HOWEVER, IN FINDING ONE, UM, THE REQUESTED VARIANCE, UM, IS NOT CONTRARY TO THE PUBLIC'S INTERESTS. UM, MOSTLY BECAUSE THE HOME'S INTERIOR AND THE EXTERIOR IMPROVEMENTS WILL NOT MATERIALLY AFFECT OR ENDANGER THE PUBLIC'S OR THE GUESTS HEALTH OR SAFETY, INCLUDING SURROUNDING NEIGHBORS, NEIGHBORHOOD, OR THE DISTRICT. AS THE IMPROVEMENTS ARE MODEST AND SETTLED TO THE HOME AND ITS AREA, UM, THE HOME IS WELL CARED FOR INSIDE AND OUT, AND IS PROPERLY LIT IN FRONT AND BACK FOR SAFETY AND SECURITY. UM, NOTICES INSIDE THE HOME HAVE, UH, ARE HAVE BEEN PUT IN TO REMIND OUR GUESTS OF RESPECT OF OUR NEIGHBORS AND THE QUIET HOURS. UM, THE SECOND FINDING WAS, UM, ABOUT THE UNIQUE CIRCUMSTANCES ON THE PROPERTY. UM, THE PLIGHT OF THE SUBJECT PROPERTY, UM, IS THE VARIANCE REQUEST FOR A SPECIAL, SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT TERM RENTAL PERMIT ON THE SAME BLOCK FACE. UM, THE HOME'S LOCATION IS SPACED FAR AWAY IN ENOUGH FROM THE FIRST PERMITTED, UM, TYPE TWO STR, THAT IT WILL NOT CAUSE ANY DISRUPTIONS OR CAUSE UM, ESSENTIAL ALTERATIONS TO THE CHARACTERISTICS OF THE DISTRICT AND THE NEIGHBORS. UM, UM, OTHER AIRBNBS THAT ARE LOCATED IN THE AREA ARE AWAY FROM THE HOME, UM, OFF AND THEN ALSO FURTHER DOWN ON MILITARY DRIVE AND THEN ALSO CLOSER TO HIGHWAY 90 AND FOUR, 10 AREAS. UM, THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY WERE NOT CREATED BY, UM, US THE OWNERS OR BY CONDITIONS MADE BY THE DISTRICT, BUT IS THE AGE OF THE HOME AND THE PRIOR TENANTS AND THE DESPERATE NEED FOR THE REPAIRS THAT PUT THIS HOME IN ITS UNIQUE CONDITION FROM WHICH THE HARDSHIP CAME TO BE. AND THAT'S, THAT'S ALL I HAVE. OKAY. UH, WE'LL SEE IF WE HAVE ANY QUESTIONS. UH, IS THERE ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? BRAGMAN, COMMISSIONER BRAGMAN? UM, SO HAS THIS BEEN A LONG-TERM RENTAL BEFORE? BEFORE? YES MA'AM. IT WAS. UM, WE'VE OWNED THIS HOUSE FOR ABOUT 20 YEARS AND IN THOSE 20 YEARS WE'VE PUT IN OBVIOUSLY LOTS OF MONEY TO, UM, REPAIR AND FIX THE HOME EVERY TIME THE TENANTS LEAVE. WE ARE GETTING OLDER NOW, SO WE ARE THINKING THAT IT WOULD BE EASIER FOR US TO PICK UP OR KEEP UP WITH IT MORE ON A MONTHLY OR A WEEKLY BASIS THAN IT WOULD BE A YEARLY BASIS FOR, UH, RENTALS. GOT IT. THANK YOU. MM-HMM. . ALRIGHT. ANYONE ELSE? BON UH, BOEZ, UH, COMMISSIONER BOEZ. SO, SO YOU'VE HAD SOME, SOME PEOPLE STAYING IN THERE ALREADY? YES SIR, WE HAVE. GOTCHA. WHAT IS THE AVERAGE, UH, LENGTH OF THIS STAY YOU WOULD SAY? UH, THE MOST WE'VE HAD, THE AVERAGE IS ABOUT THREE, THREE DAYS. AND WOULD YOU SAY YOU RENT PRIMARILY TO MILITARY PEOPLE? YES. BEING IN THAT AREA? YES, [00:30:01] SIR. OKAY. ALRIGHT. UM, STAFF, IS THERE ANYONE, SENATOR TO SPEAK VOICEMAILS? NO PUBLIC COMMENT. OKAY. UM, ANY MORE QUESTIONS? UH, I'LL JUST ASK, UM, AND YOU'VE BEEN, YOU'VE OWNED THE HOUSE FOR OVER 20 YEARS, AND HOW MANY YEARS HAS IT BEEN A RENTAL? WE'VE HAD THE HOUSE. OH, SORRY IF YOU, WE STARTED WHEN, UH, YEAH. STATE YOUR NAME AND, HI, I'M JAMES JACKSON. THANK YOU, SIR. UM, PARDON ME IF I START A LITTLE BIT. I'VE HAD A MEDICAL EPISODE RECENTLY, A HEART ATTACK. UM, WE'VE BEEN DOING THIS FOR 25 YEARS. UM, WE'VE HAD TENANTS FOR LONG TERM, WELL OVER A DECADE RAISING THEIR FAMILIES IN THE COMMUNITY, GOING TO THE HIGH SCHOOL AND THE LOCAL ELEMENTARIES AROUND THERE, ALONG WITH OUR KIDS TOO, WHILE WE WERE GROWING UP WITH OUR FAMILIES, FAMILIES IN THE COMMUNITY WHO WERE TOO. UM, BEING A VETERAN, WE'D ALSO COME TO SAN ANTONIO FOR SOME HEALTH TREATMENTS AND BEING HOSPITALIZED. UM, THE HOUSE PROVIDES SHORT TERM RENTALS FROM VETERANS TO COME IN AND HAVE A HOME AWAY FROM HOME, COMPLETELY FURNISHED, LOW COST. UM, THE GATEWAY TO SAN ANTONIO, JUST DOWN THE STREET WE WERE RENTING AND WE'D ALWAYS SEE AIRMEN WALKING BY AND VERY BUSY SIDEWALK. BUT WE TALKED TO OUR NEIGHBORS THAT WE'RE GOOD FRIENDS WITH, LIKE, WHY DON'T Y'ALL DO? AND THEY'RE LIKE, WELL, WE DON'T, 'CAUSE WE DON'T HAVE A SIDEWALK ON THIS SIDE. SO SOME OF THE NEIGHBORHOOD LIMITED SOME OF THE COMMUNITY FROM HAVING THESE TYPE OF ENDEAVORS. ALSO. UM, WE'VE HELPED THE COMMUNITY, UH, WITH CITY GOVERNMENT OFFICIALS WITH HOUSING BY PUTTING FAMILIES THAT WERE IN NEED OF, OF FAMILY, ADEQUATE HOUSE TO RAISE THEIR FAMILY. WE'VE DONE THAT FOR YEARS AND YEARS. UM, AS WE GROW OLDER, WE JUST CAN'T KEEP UP. BUT WHAT WE CAN KEEP UP WITH IS BEING A HOUSEKEEPER TO SHORT TERM RENTERS. UM, WE KEEP THE NEIGHBORHOOD CLEAN BY STARTING OUR WITH OUR HOUSE FIRST, BY KEEPING IT SAFE AND SECURE AND HOPING THAT SPREADS. OUR NEIGHBORS ARE VERY KIND TO US. THEY WATCH OUR PROPERTY AS MUCH AS WE WATCH IT. UM, WE'RE A GOOD PARTNER TO SAN ANTONIO THE SAME WAY AS SAN ANTONIO'S GROW. WE'RE GROWING TOO, BUT WE'RE GETTING OLDER. WE CAN'T GO IN AND REBUILD A HOUSE NO MORE. BUT, YOU KNOW, WE LIKE TO SHOW SAN ANTONIO JUST LIKE YOU GUYS, SMALL STREET, BIG STREET. BUT BECAUSE OF UNIQUE DITCHES AND DRAINAGES, IT KIND OF MAKES IT MORE UNIQUE. UM, WITH THAT IN MIND, UH, WE'RE NOT TAKEN AWAY. WE'RE ADDING. SO DO YOU, UH, HAVE YOU TALKED TO THE NEIGHBORS AT ALL? I MEAN, NORMALLY WHEN WE HAVE SDR APPLICATIONS LIKE THIS YES. WE USUALLY GET SOME MORE FEEDBACK. YES. UH, WHAT, WHAT HAVE THEY TOLD YOU? OH, THE NEIGHBORS, YOU KNOW, UH, WELL, WE HELPED THEM TOO. I'VE HELPED THEM TOO OVER YEARS. JUST, YOU KNOW, DOING MAINTENANCE WITH THEIR HOUSES AND CLEANING UP TREES. WE KNOW WE'VE ALWAYS JUST, OUR NEIGHBORS ARE OUR NEIGHBORS. JUST BECAUSE WE DON'T LIVE IN THAT NEIGHBORHOOD DOESN'T MEAN THAT WE'RE NOT FRIENDS. UM, WE KNOW THEIR KIDS, WE KNOW THEIR FAMILIES. UM, THEY SHARE WITH US, WE SHARE WITH THEM. UM, I, ALBERT OUR NEXT DOOR WILL BE KNOWN THEM FROM SINCE WE MOVED IN AND THEY WELCOMED US TO THE NEIGHBORHOOD. AND AS THEY'VE GOTTEN OLDER, NOW WE'RE WITH THEIR KIDS AND THEIR GRANDKIDS. SO WE'RE STILL A VERY BIG PART OF THE NEIGHBORHOOD. IT'S NOT LIKE WE'RE, WE'RE NOT, IF WE COULD LIVE THERE, WE WOULD, AND WE'D LIKE TO INVITE PEOPLE TO OUR HOUSE TO BE THE ACTUAL HOST, BUT MEDICAL CONDITIONS DON'T ALLOW THAT. SO THE BEST WE CAN DO OKAY. IS STILL PROVIDE A NICE QUALITY HOME BASED LIVING FOR PEOPLE THAT NEED IT FOR A VERY SHORT TERM, BUT NOT DISRUPT IT TO THE NEIGHBORHOOD. WE PROVIDE PRIVATE PARKING OFF THE STREET. UM, IT'S WELL LIT, WELL MAINTAINED. UM, WE HAVE ALL THE NECESSARY DOCUMENTATION FOR FIRE, EMERGENCY EVACUATIONS, FIRE EXTINGUISHERS, UM, FIRE ALARMS, WALKING. WE, WE, WE'VE DONE A LOT TO MAKE IT EASY FOR PEOPLE TO COME AND VISIT THEIR, THEIR FAMILY DURING HARDSHIP. NOT JUST TO FINISH THE CHAIR. I HAVE, YEAH, I HAVE A QUESTION. YES. COMMISSIONER SU. SO NORMALLY IF THIS VARIANCE IS APPROVED, IT'S FOR A THREE YEAR TERM. IS THAT MY UNDERSTANDING NOW THEY'VE OPERATED THIS SHORT TERM RENTAL PRIOR WITHOUT THE APPROPRIATE LICENSE. IS THERE ANY WAY WE CAN SHORTEN THAT TO MAYBE A TWO YEAR SO THAT WE CAN HEAR THEM BEFORE THE BOARD WITHIN, I HAVEN'T COMPLAINTS OR ANYTHING THAT WOULD CURTAIL THAT BECAUSE THEY HAVE BEEN OPERATING IT WITHOUT THE NECESSARY APPROVALS PRIOR? NO, WE'VE ASKED THAT QUESTION BEFORE. WE HAVE TO, IT'S THREE YEARS OR NOTHING. AND I'VE ACTUALLY BROUGHT THAT UP WITH, UH, YOU KNOW, MY COUNCIL REP AND, AND SAID, HEY, IF YOU WANTED TO DO SOMETHING, THIS MIGHT BE SHORTENING IT TO ONE, GIVE US SOME OPTIONS ONE YEAR, TWO YEAR. UM, YOU KNOW, ESPECIALLY FOR PEOPLE WHO HAVE TRIED TO RENT IT OUT FOR SUCH A LONG TIME AND THIS, THEY'RE NATURALLY GRAVITATING TO THIS NEXT STEP. UM, BUT, YOU KNOW, ALL ALL WE CAN DO IS THREE [00:35:01] OR NOTHING. BUT I WILL LIKE TO ASK, IS THIS HOME OWNED BY Y'ALL PERSONALLY OR A CORPORATION? THAT'S ONE BY US PERSONALLY. OKAY. YOU KNOW, AS YOU KNOW, WE STARTED OUT HERE IN SAN ANTONIO, WENT TO SCHOOL AND, YOU KNOW, THE CHANCE OF BUYING A HOME WAS UNIQUE OPPORTUNITY FOR US. YEAH. AND, AND I ASKED THAT BECAUSE IF IT WAS A CORPORATION, THEY COULD, THEY COULD TRANSFER THE CORPORATION AND, AND NOT LOSE ANYTHING. BUT IF YOU WERE TO EVER SELL THE HOME, THE PERMIT DIES. CORRECT. BASICALLY. AND SO I THOUGHT THAT THAT'S A LITTLE, UM, MAKES ME FEEL A LITTLE BETTER ABOUT THE REQUEST. AND WE'VE BEEN MAKING EVERY ATTEMPT TO, UH, ABIDE BY YOUR RULES AND REGULATIONS BY COMING TO YOU AND ACKNOWLEDGING THAT WE ARE MAKING MONEY TO PARTICIPATE AND PUT THAT BACK INTO THE CITY WITH, WITH, YOU KNOW, AND TRYING TO COMPLY. AND THIS HAS, IT JUST RECENTLY CAME OUT. UM, WE'RE TRYING TO KEEP UP AND AS, AS THE CITY MAKES AND GROWS CHANGES, WE'RE GROWING AND CHANGING WITH 'EM. OKAY. UH, IS THERE ANY OTHER QUESTIONS? MANNA COMMISSIONER MAY? SO QUESTION I HAVE IS, YOU KNOW, YOU, YOU KINDA MENTIONED, UM, I GUESS RUNNING OUT TO, UH, SERVICE MEMBERS AND WHAT HAVE YOU. SO HAVE ANY OF THOSE STAYS BEEN LIKE FOR 30 DAYS OR SO? YOU KNOW, A LITTLE BIT LONGER STAYS, WE'RE JUST IN THE INFANCY OF OUR, YOU KNOW, ENDEAVOR. BUT WITH, WITH THE FAMILIES THAT DO COME, THEY DO COME AND VISIT THEIR SERVICE MEMBERS THAT ARE AT LACK AND AIR FORCE BASE. UM, WE GET VERY GOOD FEEDBACK BECAUSE IT'S, WE, WE NOT ONLY HOST THEM, BUT WE ALSO PROVIDE THEM INFORMATION ABOUT WHAT IT'S LIKE TO BE IN BASIC TRAINING, WHAT TO EXPECT FROM MY MILITARY EXPERIENCE. SO, UM, I, WE GET THE, I THINK JUST REALLY COME HAND TO HAND IN INVITING PEOPLE TO SAN ANTONIO AND SHARING A GREAT EXPERIENCE WITH THEM. AND, AND THE REASON I BRING THAT UP IS 'CAUSE UM, OVER 30 DAYS, IT'S A, IT'S A WHOLE DIFFERENT DIALOGUE. AND SO, SO THIS DIALOGUE ISN'T REALLY REQUIRED. UM, YOU KNOW, 'CAUSE IT'S I GUESS AN INTERMEDIATE TERM. YES. UM, SO, BUT, UH, OKAY. AND I THINK ONCE WITH WE, WE GROW AND WE START GETTING CLOSER WITH THE WOUNDED WARRIORS HERE IN SAN ANTONIO WHEN WE START FINDING OUT THAT IT MIGHT BE A, A THREE OR FOUR DAY. BUT SOMETIMES AS PROCEDURES GO ON WITH COMPLICATIONS, THEY MAY HAVE TO EXTEND IT. AND THAT'S WHERE WE WANT TO FIT THAT NICHE. ALRIGHT. ALRIGHT. WELL THERE'S NOTHING ELSE. I'M LOOKING FOR A MOTION THAT WAS ZUNA COMMISSIONER ZUNA REGARDING CASE NUMBER BO EIGHT DASH 24 DASH 3 0 2 2. I MOVE TO THE BOARD OF ADJUSTMENT, GRANTED SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO SHORT TERM RENTAL UNIT SITUATED AT 6 9 0 6, UH, WESTFIELD BOULEVARD, APPLICANT BEING JAMES AND RACHEL JACKSON BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY SETS THAT ARE LITERAL ENFORCEMENT, THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE SPECIAL EXCEPTION, WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY. THE BOARD FINDS THAT THE REQUEST TO OPERATE ADDITIONAL SHORT-TERM RENTAL IS UNLIKELY TO MATERIAL MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY OR WELFARE. THERE IS NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY. BE THE SPECIAL EXCEPTION, DOES NOT CREATE A PUBLIC NUISANCE. THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE A PUBLIC NUISANCE WOULD BE CREATED IF AN ADDITIONAL SHORT-TERM RENTAL PERMIT WAS APPROVED. SEE, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE NEIGHBORING PROPERTIES CONSISTS OF SINGLE FAMILY STRUCTURES. THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE THAT IT WILL SUBSTANTIALLY INJURE NEIGHBORING PROPERTIES AS A TYPE TWO SHORT TERM RENTAL UNIT. DE ADEQUATE UTILITIES, ACCESS ROADS, STORM DRAINAGE AND REC AND RECREATION OPEN SPACES. AND OTHER NECESSARY, UH, FACILITIES HAVE BEEN OR BEING PROVIDED. SUBJECT PROPERTY PROVIDES ALL STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITY ACCESS IN OPEN SPACE. E THE APPLICANT OR OWNER FOR THE SPECIAL EXCEPTION, DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES, CONFERRED CITATIONS OR ADJUDICATED OFFENSE OFFENSES, CONVICTIONS OR VIOLATIONS OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITHIN ONE YEAR. PRIOR OF THE DATE OF THIS APPLICATION, THE APPLICANT DOES NOT HAVE ANY HISTORY OF REVOCATION, CITATIONS, OR CONVICTIONS OR VIOLATIONS OF CHAPTER 16. AND AT THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACT OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH A SPECIAL EXCEPTION IS SOUGHT. SUBJECT PROPERTY IS LOCATED IN A CLOSE PROXIMITY TO OTHER RESIDENTIAL WITH THE PROPERTY OWNER PROVIDING ALL STREET PARKING AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY. THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE SEXUAL CHARACTER OF THE DISTRICT LOCATION, WHICH THE PROPERTY IS SEEKING. THE SPECIAL EXCEPTION AND A MOTION. IS THERE A SECOND? UM, SECOND. SECOND BY COMMISSIONER BRAGMAN. COMMISSIONER ZUNA. YEP. UH, OBVIOUSLY SHORT-TERM RENTALS, YOU KNOW, ARE NORMALLY CONTENTIOUS. A LOT OF, UH, SUPPORT TO DENY THEM IN THIS CASE. YOU KNOW, THE APPLICANT I THINK IS, IS PROVIDES A UNIQUE SITUATION HERE. UH, THE TENANT BASE IS MILITARY. IT IS, I MEAN, I KNOW THE AREA IS PREDOMINANTLY, UH, SUPPORTING, YOU KNOW, HOUSING FOR LACKLAND AND, AND SHORT TERM MEDICAL NEEDS OF, OF, OF, UH, YOU KNOW, PATIENTS THAT ARE TRAVELING IN SAN ANTONIO FOR HEALTH HEALTHCARE. UM, OBVIOUSLY THREE YEARS LIMIT ON THE, ON THE LICENSE, THEY HAVE TO COME BACK BEFORE THE BOARD. UNFORTUNATELY, THIS PROPERTY WAS OPERATED WITHOUT THE LICENSE, BUT, BUT THAT ALSO PROVIDED MAYBE AN OPPORTUNITY FOR NEIGHBORS TO SPEAK UP IN OPPOSITION IF THERE WERE ANY ISSUES WITH PARKING OR, [00:40:01] YOU KNOW, NOISE OR WHATEVER. AND WE JUST DIDN'T SEE THAT OPPOSITION OF THE NEIGHBORHOOD SHOW UP, UH, WITH, WITH OPPOSITION. SO, UH, IN THIS CASE, I'M SUPPORTING THE MOTION AS READ. COMMISSIONER BRAGMAN, I CONCUR WITH MY COLLEAGUE. I'LL BE IN SUPPORT AS WELL. WOULD ANY OTHER COMMISSIONERS LIKE TO ADD TO THE CONVERSATION? I'M GONNA GO AHEAD AND ADD, I I'LL BE IN SUPPORT OF THIS ONE FOR, FOR A FEW REASONS. NUMBER ONE, UM, I DID A ZOOM OUT ON THE ONE STOP MAP. THERE ISN'T A LOT OF SHORT-TERM RENTAL TYPE TWOS IN THE AREA. UM, THERE'S THREE ASSOCIATIONS, UH, WITHIN NONE OF WHICH RESPONDED, WHICH IS VERY ODD. I'M SURE IF ANYONE WAS OPPOSED, WE'D HEAR FROM AT LEAST ONE OF THEM. UH, THERE WAS, UH, ONE NEIGHBOR IN SUPPORT AND NONE IN OPPOSITION. UH, SO THAT'S A GOOD SIGN. UH, AND ACTUALLY THERE'S A, A THIRD REASON THIS, THIS APPLICANT HAS OWNED THE HOUSE FOR A VERY LONG TIME. UH, THEY'VE ATTEMPTED TO RENT IT OUT AND NOW THEY'RE JUST MOVING TO THE NEXT STEP FOR WHAT THEY CAN, UH, ADEQUATELY MANAGE. AND, AND, AND I THINK A THREE YEAR TRIAL ISN'T GONNA HURT ANYBODY ON THIS ONE. UH, AND SO I'LL BE IN SUPPORT. SEVERAL ROLL CALL VOTE PLEASE. COMMISSIONER UNA? YES, I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? NO, I DO NOT CONCUR. COMMISSIONER IBANEZ? NO, I DO NOT. CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER MENA? I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ? I DO NOT CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER BONNI? YES, I CONCUR. CHAIR ORIAN. AND I CONCUR WITH THE FINDINGS OF FACT. MOTION DOES FAIL THOUGH. SIX TO FIVE. WE HAVE TO HAVE NINE VOTES. SO IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. ALL RIGHT. THANK YOU. THANK YOU ALL VERY MUCH. ALL ITEM NUMBER FOUR. HI, IS THE APPLICANT FOR ITEM NUMBER FOUR ON 1410 MONTANA PRESENT. ALRIGHT, IF WE CAN TABLE THAT ONE. WE'RE TRYING TO GET A HOLD OF THEM. SURE. WE'LL MOVE ON TO ITEM NUMBER FIVE. THE APPLICANT FOR ITEM NUMBER FIVE. I BELIEVE THEY WERE CONSIDERING WITHDRAWING. ARE THEY PRESENT? THAT ONE ALSO? THAT ONE MOST LIKELY WILL BE A, A WITHDRAWING THOUGH. OKAY. UH, DOES ANYBODY, UH, SHOULD, DO YOU RECOMMEND A CONTINUANCE OR, OR DO YOU ON THAT ONE? I WOULD NOT RECOMMEND A CONTINUANCE. THAT ONE AT THE WORST CASE CAN BE SOLVED ADMINISTRATIVELY. BUT THEY'VE SHOWN A SITE PLAN THAT SHOWS THAT THEY DO NOT NEED THE BOARD OF ADJUSTMENT, BUT THEY JUST HAVEN'T OFFICIALLY TOLD US THEY WANNA WITHDRAW. OKAY. UH, IS THERE ANY COMMISSIONER THAT WOULD LIKE TO PROPOSE A MOTION OR SHOULD WE JUST MOVE ON TO THE NEXT ONE? MOVE ON. ALL RIGHT, WE'LL MOVE ON TO THE NEXT ONE. UH, LET'S GO TO ITEM NUMBER. I GUESS WE'RE ON, UH, SEVEN. 'CAUSE NUMBER EIGHT. UH, SEVEN IS GONNA, IS THE ONE THAT'S, UH, WE'RE PUTTING AT DN FOR THE C-P-S-I-I. WAIT, WHAT? WHAT? THAT ONE'S THE ONE THAT WE'RE WAITING ON PERSONNEL FROM CCPS. OH, OKAY. TIL THREE O'CLOCK. GOTCHA. NUMBER EIGHT IS ITEM NUMBER EIGHT. WE'RE GONNA BE HERE TILL THREE SANDWICH. OKAY. BO OA 24 1 0 3 0 0 1 9 9. ADDRESS 3 1 0 8 EL PASO STREET COUNCIL DISTRICT FIVE APPLICANT ADRIAN HERNANDEZ REQUEST ONE. A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A ONE INCH SIDE SETBACK FOR A CARPORT. AND TWO, A 10 FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION TO ALLOW A FIVE FOOT DRIVEWAY CLEAR VISION. AND THE ZONING IS R FOUR. THE SUBJECT PROPERTY IS LOCATED ALONG EL PASO STREET, NORTH OF GUADALUPE STREET. LOCATED WITHIN THE PROSPECT HILL NEIGHBORHOOD ASSOCIATION. THE APPLICANT HAD AN ATTACHED CARPORT CONSTRUCTED WITHOUT A PERMIT AND WAS INFORMED BY CODE ENFORCEMENT OF THE VIOLATION ON AUGUST 6TH, 2024. THE APPLICANT THEN ACQUIRED A CARPORT PERMIT SUBSEQUENTLY ON AUGUST 16TH WITH FALSE SETBACK MEASUREMENTS LISTED. THE CODE ISSUED WAS CONFIRMED AGAIN ON SEPTEMBER 3RD WITH THE APPLICANT, UM, APPLYING FOR A BOARD OF ADJUSTMENT VARIANCE ON SEPTEMBER 23RD. UPON SITE VISITS. STAFF NOTED NUMEROUS CARPORTS IN THE AREA ALSO WITHIN SIDE SETBACKS AND THE SITE PLAN LOCATION OF THE CARPORT SIDE SETBACK VARIANCE. AND THEN THE SUBJECT PROPERTY SURROUNDING AREA [00:45:03] STAFF RECOMMENDATIONS SIDE SETBACK AND DRIVEWAY CLEAR VISION VARIANCES FOR THE SIDE SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO OA 2 4 1 0 3 0 0 1 9 9 BASED ON THE FALLING FINDINGS OF FACT WATER RUNOFF ISSUES MAY BE AGGRAVATED AND THERE IS AN INCREASED RISK OF FIRE SPREADING BETWEEN CLOSE STRUCTURES ON THE LOT AND NEIGHBORING LOTS. AND THEN THE STAFF RECOMMENDATION FOR THE DRIVEWAY. CLEAR VISION VARIANCE STAFF RECOMMENDS APPROVAL NBOA 24 1 0 3 0 0 1 9 9 BASED ON THE FOLLOWING FINDINGS OF FACT, SUFFICIENT SPACE WILL REMAIN TO SAFELY BACK FROM AND ONTO THE LOCAL ROAD. AND THE REQUESTED VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH IT IS LOCATED. AND THE NOTIFICATION PLAN. STAFF MAILED OUT 47 NOTICES WE RECEIVED. ZERO IN FAVOR, ZERO IN OPPOSITION. AND THE PROSPECT HILL NEIGHBORHOOD ASSOCIATION IS IN FAVOR. AND THEN THIS IS THE PUBLIC COMMENT WITH THE, UH, NEIGHBORHOOD ASSOCIATION. UM, COMING IN FAVOR, PROSPECT HILL. AND THIS CONCLUDES STAFF PRESENTATION. APPLICANT'S AVAILABLE. ALL RIGHT, THANK YOU VERY MUCH. UM, LETS HAVE THE APPLICANT COME FORWARD. ALL RIGHT. STATE YOUR NAME, TELL US ABOUT YOUR PROJECT. MY NAME'S ADRIAN HERNANDEZ. UH, THE ADDRESS IS 31 EL PASO STREET. UH, IT WAS AN EXISTING CARPORT BACK IN THE EIGHTIES. I JUST REDID IT. THAT'S BEEN, I DID THAT IN THE EIGHTIES WITH MY DAD. UH, UNFORTUNATELY AT THAT TIME I DIDN'T KNOW NOTHING . SO WE TRIED. RIGHT. SO IT'S BEEN THERE SINCE THE EIGHTIES. I JUST REDID IT, REMADE IT SAFER. I THOUGHT I DID. UH, DIDN'T KNOW I HAD TO PULL A PERMIT. PERMIT, RIGHT? SO, UH, I WENT OUT THERE, THEY GAVE ME, THEY GAVE ME A CITATION. THE COURT ENFORCEMENT GUY WENT OUT THERE. HE SAID, HEY, UH, AT THE TIME I HADN'T FINISHED IT BECAUSE I WORK OUT OF TOWN. I WORKED SEVEN DAYS A WEEK SOMETIMES. SO HE SAID, HEY, JUST CUT IT BACK A LITTLE BIT. PUT GUTTERS, RUN THE GUTTERS TO THE PROPERTY OUTSIDE, I MEAN TO THE, TO THE, UH, STREET. YOU'LL BE ALL RIGHT. I SAID, OKAY, I CAN DO THAT. SO I DID THAT. UH, SENT HIM COPIES OF THE TEXT. HE SAID, OH, IT'S COOL. UH, NEXT THING I KNOW, HE SHOWS UP AGAIN. SAYS, HEY, YOU'RE IN, YOU'RE IN, UH, YOU'RE IN VIOLATION AGAIN. I SAID, WELL, WHAT HAPPENED? YOU TOLD ME. HE SAYS, I DID. BUT APPARENTLY THE THE NEIGHBOR THAT'S BEEN CALLING ON THIS IS NOT THE FIRST TIME HE'S CALLED IN. IT, UH, DOESN'T LIKE IT OR SOMETHING LIKE THAT. I SAID, OKAY, WHAT I NEED TO DO. SO HE SAID, WELL, YOU GOTTA FILE A VARIANCE. I FILED A VARIANCE. AND UH, HERE I AM. UH, THIS PROPERTY WAS OWNED BY MY PAR. MY GRANDPARENTS I GREW UP IN, IT BELONGED TO MY PARENTS. THEY BOTH DECEASED. UH, I SOLD MY HOUSE TO MOVE BACK TO HIS PROPERTY. UH, TAKE CARE OF MY BROTHER. UH, HE'S DISABLED. UH, THIS PROBABLY IS NOT GONNA BE FOR SALE. HE'S GONNA STAY IN THE FIGHTING FOR THE REST OF MY LIFE, MY SON'S LIFE. IT'S IN THE WILL TO GO TO MY SON. SO, UM, I'M NOT TRYING TO MAKE MONEY OFF OF IT, NOT TRYING TO BUILD IT TO SELL IT AGAIN. I'M JUST TRYING TO MAKE IT LIVABLE FOR ME AND MY MY FAMILY. AND THAT'S IT. THAT'S WHERE I'M AT. OKAY. UH, STAFF, CAN YOU PLEASE BRING UP THE GOOGLE STREET VIEW ON THIS? AND I'D LIKE TO, I'D LIKE THE APPLICANT TO, TO MY QUESTION TO YOU IS, UH, THE PREVIOUS CARPORT LOOKS LIKE IT EXTENDED FURTHER THAN IT DOES NOW. IT DID, AND IT ALSO DID NOT HAVE GUTTERS. IT DIDN'T. OKAY. SO YOURS IS A LITTLE SHORTER. IT'S A LITTLE SHORTER. AND IT DOES HAVE GUTTERS AND IT DOES HAVE GUTTERS AND IT'S GUTTERED ALL THE WAY TO THE STREET. OKAY. I JUST WANTED TO MAKE SURE I WAS YEAH, YOU SEE, OH, THERE YOU GO. YEAH, IF YOU, IF YOU GET IT TO WHERE YOU'RE A LITTLE MORE IN FRONT OF IT, THAT ONE RIGHT THERE, IT LOOKS LIKE IT DOES STICK OUT. YEAH. IT STICKED OUT BASICALLY THE PROPERTY. IT, IT ACTUALLY DID HAVE A GUTTER. IT WAS A BUILT-IN GUTTER. DIDN'T WORK , BUT IT, IT, IT, IT CAUGHT ALL THE RAIN, BUT IT THREW IT DOWN. THEY THREW IT NEXT DOOR ANYWAY, SO. YES, SIR. UM, IS THAT THE SAME PROPERTY OWNER? UM, WAS THAT THE SAME PROPERTY OWNER? THE, THE OWNER NEXT DOOR? NEXT DOOR? YEAH. YEAH. WELL, I THINK THEY JUST RECENTLY SOLD IT TO SOMEBODY ELSE. OH, OKAY. UH, BUT WE'RE GOOD NEIGHBORS. EVERYBODY YOU CAN SEE A NEIGHBOR NEXT TO US HAS THE SAME CARPORT ACROSS THE STREET, HAS THE SAME CARPORT ACROSS HIM, HAS THE SAME CARPORT. I MEAN, WE DON'T, WE ALL GET ALONG. SO I NEVER THOUGHT IT WAS A PROBLEM. HE NEVER QUESTIONED IT EITHER. I THINK THE NEIGHBOR DID CALL WHO LIVES IN THE BACK. HAS NOTHING TO DO WITH OUR FRONT NEIGHBOR, SO. GOTCHA. OKAY. UH, STAFF, IS THERE ANYONE SIGNED TO SPEAK ANY VOICEMAILS? NO PUBLIC COMMENT. ANY OTHER COMMISSIONER QUESTIONS? COMMISSIONER BARRINGSON? YEAH, I'VE GOT A QUESTION. UM, IT LOOKS LIKE YOUR NEW CARPORT IS BETTER THAN THE OLD CARPORT, WHICH IS GOOD. YEAH. BUT IT'S STILL A PROBLEM. YEAH. MY QUESTION IS, HOW FAR IN FROM THE SIDE LOT LINE ARE THE POSTS THAT SUPPORT? I BELIEVE THEY'RE TWO FEET IN. UM, I HAVE A F TWO [00:50:01] 50 AND, UM, IT, IT, I'M BARELY PARKING IT NOW, SO IF I GET ANY SHORTER, I'M NOT GONNA BE ABLE TO PARK IT IN THERE. MY QUESTION IS, HOW FAR IN FROM THE SIDE LOCK LINE OR THE POSTS? PROBABLY ABOUT TWO FEET, SIR. TWO FEET. IS IT POSSIBLE FOR YOU TO CUT IT BACK TO THE POST NOT EXTENDING F FURTHER TOWARD THE SIDE LOT LINE, I NOW, WITHOUT LOSING MY PARKING SPOTS, I MEAN, I, I BUILT IT FROM MY F TWO. I DON'T UNDERSTAND HOW YOU WELL, THE POST IS THERE. YEAH, BUT YOU'RE SAYING MOVE IT IN MORE? NO, JUST THE OKAY. CUT IT BACK TO THE OUTSIDE THE POST. OH, I, I CAN DO THAT. IF THAT'S WHAT IT TAKES. I MEAN, THAT WOULD BE TWO FEET. I'M NOT HERE TO CAUSE ANY PROBLEMS FOR NOBODY. I MEAN, I CAN DO THAT IF THAT'S THE CAUSE. WELL, I'M TRYING TO WORK OUT A GOOD SOLUTION. UM, THAT WOULD BE TWO FEET FROM THE PROPERTY LINE. FROM THE SIDE PROPERTY LINE. YEAH. IT'S PROBABLY A FOOT RIGHT NOW. IT'D PROBABLY BE BACK A FOOT. IT, IT COULD BE POSSIBLE. IT IS POSSIBLE. I MEAN, I'M JUST HERE TO MAKE EVERYBODY HAPPY REGARDLESS. SO YOU, I MEAN, YOUR REQUEST IS FOR A ONE INCH TO GET AS CLOSE AS ONE INCH, BUT YOUR, YOUR GUTTER IS, HOW FAR DO YOU THINK THE EDGE OF GUTTER IS FROM THE SIDE PROPERTY LINE? THAT LOOKS LIKE IT'S LIKE SIX INCHES TO A FOOT? YEAH, IT'S PROBABLY ABOUT A FOOT. UM, LIKE I SAY, HE TOLD ME I HAD GUTTERS, I DID ADD GUTTERS. UH, THEY WORK PRETTY GOOD. UM, BUT AGAIN, YOU KNOW, I'M JUST HERE TO DO WHAT I HAVE TO DO TO PEOPLE LEAVE ME ALONE AND LIVE MY LIFE. YOU KNOW, I DON'T WANT TO CAUSE ANY PROBLEMS FOR NOBODY. BUT AT THE SAME TIME, IT ALREADY COST ME A LOT OF MONEY TO DO THIS AS IT IS. UH, I HAD TO TAKE OFF FROM WORK TO DO IT, TO CUT IT BACK AND PUT THE GUTTERS ALL THAT ALREADY. SO IT'S ALREADY COSTING ME MONEY. AND I MEAN, IT DON'T BOTHER NOBODY. SO I DON'T SEE WHY I SHOULD SPEND MORE MONEY CUTTING IT BACK MORE, YOU KNOW. WELL, BUT IT IS WHAT IT IS. MANNA. YES. COMMISSIONER MANNA. YEAH. DO YOU, DO YOU KNOW WHAT THE DEPTH OF THE CURRENT CARPORT IS? 'CAUSE SOMETIMES WHEN WE TALK ABOUT, I, I GUESS AS THESE VARIANCES, WE KIND OF LIKE TO TALK ABOUT HOW MUCH DO YOU REALLY NEED AND RIGHT SIZE AS FAR AS REQUIREMENT. UH, I DON'T UNDERSTAND YOUR QUESTION, SIR. WHAT DO YOU MEAN? SO HOW, HOW LONG IS THE CARPORT? HOW DEEP IS IT? SO HOW LONG? YES. INSIDE. OH, IT'S PROBABLY ABOUT 25 FEET. SO IT'S PRETTY LONG. BUT LIKE I SAY, THE REASON I DID THAT WAS 'CAUSE I GOT F TWO 50, SPENT A LOT OF MONEY ON IT, SO I FIGURED, WELL, LET ME COVER IT. AND I ACTUALLY DON'T EVEN USE IT. I HAVE A COMPANY TRUCK, BUT AT THE TIME I DIDN'T HAVE ONE. SO NOW IT STAYS THERE AND I, I MEAN, YOU KNOW, THE SUN BEATS EVERYTHING UP, LEAVING THE SUN'S GONNA BEAT IT UP. OKAY. SO UNFORTUNATELY THIS IS IVAN. YES, COMMISSIONER. UM, I THINK THAT SINCE HE DID THE CHANGES AND ADDED THE GUTTER, AND IF YOU NOTICE THERE'S STONES, UH, ON THAT AREA BY THE PROPERTY LINE AND THE DRIVEWAY, UH, THAT CARRIES THE WATER DOWN. AND IF YOU SEE THERE, MA'AM, I'M SORRY, I DON'T MEAN TO BOTHER YOU, BUT YOU SEE THAT THAT'S A STEEL PLATE. MM-HMM. IT'S ABOUT TWO FEET WIDE. SO IT'S ABOUT 10 INCHES DEEP SO IT DOESN'T GO TO THE NEIGHBOR. AND THAT GOES ALL THE WAY FROM THE POST ALL THE WAY TO RIGHT THERE IF YOU CAN SEE IT. YEAH. IT'S A, A QUARTER INCH STEEL. YEAH. FRENCH DRAIN. YEAH. SO, UM, I, I'LL MAKE A RECOMMENDATION TO WHOEVER WOULD LIKE TO MAKE A MOTION. UH, I WOULD HIGHLY RECOMMEND MAKING A MOTION, UH, TO, TO BE NO CLOSER THAN SIX INCHES TO THE SIDE, UH, UH, WITH THE LENGTH OF 27 FEET COMMENCING AT THE FRONT FACADE OF THE HOUSE. AND I, AND, UH, JUST TO PUT THAT OUT THERE, CHAIR, DOES THAT MEAN THAT HE HAS TO CUT AWAY THAT EDGE? NO, I DON'T THINK SO. NO. GOOD. THANK YOU. IT'S GOT THE DISTANCE. WE, IT IS JUST, WE, WE SEE REQUESTS UP TO AN INCH. IT, IT, IT'S, YEAH, REALLY CLOSE. I, I WAS KIND OF CLUELESS TO THIS WHOLE STEP. I, I CAME UNPREPARED TODAY. I READ THE EMAIL THAT MR. TREVINO SENT ME AND I JUST, I'M SO BUSY. I GET SO MANY EMAILS FROM THE COMPANY. I JUST DIDN'T PAY ATTENTION. I'M GONNA BE HONEST WITH YOU. I COME UNPREPARED, LIKE, SAY STAFF WILL DO THAT TO JUST, TO ERR ON AIR, ERR ON THE SIDE OF SAFETY. WELL, IT WORKED BECAUSE I CAME LIKE THINKING I WAS GONNA BE HERE IN A MEETING THIS MORNING AND I TALKED TO MR. VIN. HE WAS LIKE, NO, THIS IS JUST, AND I ACTUALLY DIDN'T EVEN KNOW WE HAD A HOMEOWNER ASSOCIATION. I WENT LOOKING FOR IT AND I FOUND HIM. HE WAS ASLEEP, . I SAID, HEY, YOU KNOW, I'M GONNA PICK ON ABIN. CAN HE HELP ME OUT? AND HE SURE DID. WE WENT AND SAW THE PROPERTY. HE WENT TO SITE RIGHT NOW, HE GAVE ME A LITTLE RECOMMENDATION TO FIX THIS OR THAT. AND I SAID, OKAY, I CAN DO THAT. NOT A PROBLEM. HE GOES, OKAY. AND HE GAVE ME THAT LETTER. SO, AND THAT WAS THE LAST MINUTE THING I SAY. IT WAS ON ME. I WAS UNPREPARED. BUT THEN AGAIN, YOU KNOW, WHEN IT COMES TO LISTS LIKE THIS, UNFORTUNATELY PEOPLE IN THE WEST SIDE ARE KIND OF SCARED TO COME AND ASK QUESTIONS AND GET INFORMATION AND THAT'S WHAT HAPPENED TO ME. . WELL, THANK YOU. IS IT OZ IS YES. COMMISSIONER BEEZ. THE, UH, SO SO YOU WOULD SAY YOU'VE IMPROVED THE DRAINAGE? YEAH. RIGHT? FROM, FROM THE OLD ONE. OH YES. THE DRAINAGE HAS BEEN IMPROVED. AND THE NEW ONE'S MADE OUT OF WHAT MATERIAL? UH, SAME, UH, TWO BY FOURS, WHICH I'M GONNA ADD SOME TWO BY SIX FOR PRIOR FROM THE, THE GUY FROM [00:55:01] THE HOME ASSOCIATION APPARENTLY IS A STRUCTURAL ENGINEER TOO. OR HE WORKS FOR A STRUCTURAL ENGINEER. SO HE TOLD ME TO DO THIS AND THAT, BUT THERE'S METAL ON TOP AND I EXISTING THE SAME METAL. I USED IT. I JUST ADDED LIKE ONE OR TWO THAT WERE, THEY WERE CORRODED THAT I REPLACED THEM WITH. THAT'S IT. IS THERE A COMMISSIONER WHO'D LIKE TO MAKE A MOTION ON THIS? COMMISSIONER MAMMOTH REGARDING CASE NUMBER BOA 2 4 1 0 3 0 0 1 9 9:00 AM MOVE AT THE BOARD ADJUSTMENT GRANT, A REQUEST FOR ONE A SIX INCH VARI, UH, LET'S SEE, FIVE FOOT, FOUR FOOT, SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A SIX INCH A SIDE SETBACK FOR A CARPORT, UH, WITH A DEPTH OF 27 FEET FROM THE FRONT FACADE. AND TWO, UM, A 10 FOOT VARIANCE FROM THE MINIMUM FIVE 15 FOOT CLEAR VISION TO ALLOW A FIVE FOOT DRIVEWAY CLEAR VISION SITUATED AT 3 1 0 8 EL PASO STREET. APPLICANT BEING ADRIAN HERNANDEZ. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER, THIS PROPERTY IS SUCH A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THE VARIANCES ARE NOT CONTRARY TO PUBLIC INTEREST. AS SUFFICIENT SPACE WILL REMAIN FOR FIRE SAFETY AND WATER RUNOFF AS WELL SAFELY BACK AND FROM THE DRIVEWAY INTO THE LOCAL STREET. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. ALRIGHT. LITTLE ENFORCEMENT OF THE SIDE SETBACK AND DRIVEWAY CLEAR VISION ORDINANCES WOULD RESULT IN UNNECESSARY HARDSHIP. UH, AS INSUFFICIENT SPACE EXISTS ON THE LOT FOR A CARPORT AND THE FENCE AND GATE LINE IS AT AN ESTABLISHED LINE IN THE NEIGHBORHOOD. THREE, BY GUARANTEEING THE VARIANCE IS SPARE. THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED VARIANCES APPEAR TO BE IN THE SPIRIT OF THE ORDINANCE AS ADEQUATE SPACE WILL REMAIN FOR THE PURPOSES OF FIRE SAFETY AND WATER RUNOFF. AND THE FENCE AND GATE IS LOCATED ON AN ESTABLISHED LINE IN NEIGHBORHOOD FOR THE VARIANCE. SO NOT AUTHORIZED THE OPERATION OF A 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 FORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. STAFF FINDS THAT VARIANCES WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES AS A WATER RUNOFF WILL NOT ADVERSELY IMPACT THE IMMEDIATE NEIGHBORS AND THE FENCE AND GATE LOCATIONS CONSISTENT IN THE NEIGHBORHOOD IN WHICH RELIEF IS SOUGHT. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH A VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS AND DISTRICT IN WHICH THIS PROPERTY IS LOCATED. STAFF FINDS UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY IS A LOT SIZE AND DIMENSIONS AS WELL AS THE ESTABLISHED FENCE AND GATE LINE IN THE NEIGHBORHOOD AND OF MOTION. SECOND, SECOND BY COMMISSIONER. I'LL GIVE IT TO, UH, BRAGMAN, UH, COMMISSIONER MANNA. SO, UM, SO I THINK WE, WE ADDED, UH, MADE SOME CHANGES TO THIS SO THAT I THINK THAT IT KIND OF READS APPROPRIATE. SO I THINK, UM, YOU KNOW, BEING THAT, AS YOU STATED, IT'S BEEN THERE FOR DECADES AS FAR AS THE, THE ORIGINAL CARPORT, UM, AND, UH, YOU DID MAKE CHANGES TO THE EXISTING ONE. UM, YOU KNOW, I THINK THAT KIND OF, YOU KNOW, WE SEE THAT REGULARLY AND, AND GENERALLY THAT'S, YOU KNOW, THAT'S KIND OF A GOOD CONDITION I GUESS FOR, FOR ALLOWING FOR IT. THE NEIGHBORHOOD APPROVES IT, WHICH IS GREAT. UH, SO, SO I ALWAYS LOOK FOR THE NEIGHBORHOOD APPROVEMENT, UH, APPROVING THESE KIND OF THINGS. UM, ALSO THAT YOUR NEIGHBOR THAT IS, UH, MOST DIRECTLY IMPACTED ISN'T IN OPPOSITION. SO I THINK THAT'S, UH, GREAT AS WELL. I THINK SETTING UP THE, THE, UH, WATER, UH, ALLOWING FOR THE WATER DRAINAGE, UH, IS VERY IMPORTANT AS WELL. 'CAUSE WE DON'T WANT ANYBODY TO DAMAGE ANYBODY'S PROPERTY. YEAH. AND SO I THINK YOU'VE TAKEN, UH, A A LOT OF, UH, MITIGATING CIRCUMSTANCES HERE, UH, THAT WE NORMALLY LOOK AT AND CORRECTED ALL OF 'EM. SO I'LL BE VOTING IN FAVOR. COMMISSIONER BRAGMAN. I AGREE WITH MY COLLEAGUE. I'LL BE IN SUPPORT FOR THE SAME REASONS. ANY OTHER COMMISSION LIKE TO ADD? YEAH, BON I'D LIKE TO ADD THAT. UM, I'M GONNA BE IN SUPPORT OF THIS ALSO. UH, I THINK THIS IS A, IT'S A NARROW LOT. IT'S 40 FEET WIDE, YOU KNOW. UM, I THINK HE HAS A RIGHT TO PROTECT HIS VEHICLE. UM, HE DIDN'T REALLY CHANGE ANYTHING OTHER THAN JUST MAKE IT BETTER THAN, THAN THE, AN EXISTING ONE. HE TOOK CONSIDERATION OF HIS NEIGHBOR PUTTING THE, PUTTING A BETTER DRAIN THERE AND MAKING SURE THAT, I THINK HE RAN A REALLY LONG, UH, DOWNSPOUT OUT TO MAKE SURE IT REALLY DRAINS AWAY WAY STREET. SO, I MEAN, I, AND I THINK IN THE VERY BEGINNING YOU WERE INSTRUCTED TO DO SOMETHING BY CODE COMPLIANCE. YOU DID IT. AND SO I, I THINK YOU, YOU, YOU WENT ABOUT IT IN THE RIGHT WAY. AND LIKE I SAID, YOU HAVE A NARROW LOT, YOU HAVE A RIGHT TO PROTECT YOUR VEHICLE. ALL RIGHT. THANK YOU. UH, ANYONE ELSE LIKE TO ADD, UH, HEARING NONE, LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER BONILLA? YES, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS. [01:00:01] AND FAGG. MOTION PASSES UNANIMOUSLY. UH, CONGRATULATIONS. THANK YOU. YOU HAVE ANY QUESTIONS YOU CAN APPRECIATE? THANK YOU FOR YOUR TIME. YES, SIR. THANK YOU VERY MUCH. MM-HMM, . ALL RIGHT. ITEM NUMBER NINE, MELANIE. AGENDA, AGENDA ITEM NUMBER NINE IS BO OA 24 1 0 3 0 0 200. ADDRESS IS 5 0 1 MARTIN LUTHER KING DRIVE COUNCIL DISTRICT TWO. APPLICANT IS ASHER DEVELOPMENT LLCA REQUEST FOR A 1,790 FOOT SQUARE FOOT. LOT SIZE VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT LOT SIZE TO ALLOW SINGLE FAMILY RESIDENTIAL DEVELOPMENT ON A 2,209 SQUARE FOOT LOT. THE ZONE IS RM FOUR CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED WEST OF SOUTH HACKBERRY STREET ON THE CORNER INTERSECTION OF MARTIN LUTHER DRIVE, KING DRIVE AND SOUTH OLIVE STREET. THE APPLICANT BEING THE PROPERTY OWNER IS SEEKING A 1,790 FOOT 91 MINIMUM LOT SIZE VARIANCE TO ALLOW SINGLE FAMILY RESIDENTIAL DEVELOPMENT ON A 2,209 SQUARE FOOT LOT ZONED RM FOUR PERMIT IS PENDING THE RESULTS OF BOARD OF ADJUSTMENT. HERE'S YOUR SITE PLAN, AN ADDITIONAL SITE PLAN AND THE SUBJECT PROPERTY. AND THIS IS THE REAR INSIDE VIEW OF THE, UH, VACANT LOT. AND THIS IS A SIDE VIEW OF THE, UH, VACANT LOT. AND THIS IS THE, UH, SURROUNDING AREA. AND THIS IS ACROSS THE STREET FROM, UH, ON OLIVE STREET. AND THIS IS EASTVIEW ON MARTIN LUTHER KING DRIVE AND THE WESTVIEW IN THE CORNER. LOT VIEW STAFF RECOMMENDATION MINIMUM AND LOT SIZE VARIANCE. STAFF RECOMMENDS DENIAL MBOA 24 1 0 3 0 0 200 BASED ON THE FOLLOWING FINDINGS. THE REQUESTED VARIANCE WILL NOT PROVIDE THE SPACE AND DIMENSIONS REQUIRED TO SAFELY DEVELOP ON THE PROPERTY AND TO THE APPLICANT HAS THE OP OPTION TO REQUEST A CHANGE OF ZONING THAT BETTER MEETS THE MINIMUM LEFT SIZE AND SETBACK REQUIREMENTS. STAFF MAILED OUT 35 NOTICES, ZERO IN FAVOR, ZERO IN OPPOSITION AND DINNER HEIGHTS. UH, NEIGHBORHOOD ASSOCIATION, UH, DID NOT RESPOND AND THIS CONCLUDES STAFF'S PRESENTATION. ALRIGHT, THANK YOU VERY MUCH. MANNA COMMISSIONER MANNA. SO, SO JUST TRYING TO UNDERSTAND A LITTLE BIT MORE ABOUT THE CITY'S POSITION. SO, UM, SO CAN YOU GO INTO SOME DETAILS ON THAT WITH REGARDS TO, I GUESS, UM, BEING ABLE TO PUT IT ONTO THE PROPERTY? I MEAN, 'CAUSE THEY'VE ABIDE BY THE SETBACKS THAT ARE REQUIRED. THEY AREN'T LOOKING FOR THAT HERE. CORRECT. AND SO, SO ESSENTIALLY WE'RE, YOU KNOW, THEY, THEY'RE GIVEN PARAMETERS AND DO YOU NOT THINK THAT THEY CAN'T PUT A HOUSE IN THOSE PARAMETERS? WE TALKED ABOUT THAT AS WELL, BUT WE ALSO RECOMMEND CHANGE THE ZONING. YEAH. SO THIS IS, UH, BECAUSE OF THE AMOUNT THAT THEY'RE REQUESTING, IT'S ALMOST HALF A MORE, UH, APPROPRIATE REQUEST IF IT WAS TO BE A REZONING, IF, UM, IF IT WAS REZONED TO LIKE AN R TWO OR AN R THREE, IS THAT WHAT YOU'RE LOOKING AT? WHAT THE SETBACKS ARE ACTUALLY BIGGER AS AN RM FOUR. IS THAT TRUE OR NOT TRUE? THAT'S TRUE. THEY WILL HAVE REDUCED SETBACKS WITH THE R TWO. SO THIS, SO IF WE WERE TO MOVE FORWARD TODAY, THEY WOULD ACTUALLY EVEN BE MORE SETBACK RIGHT. THAN A ZONING CHANGE. AND IF THEY WANTED TO CHANGE THE ZONING, THEY COULD DO THAT TOO, REGARDLESS OF WHAT WE DO. RIGHT. UH, SO I'M ASSUMING THAT THIS LOT, THIS THE, THE LOT IN ITS CONFIGURATION WAS CREATED BEFORE 2005 AND THIS IS THE ONLY THING KEEPING IT FROM GETTING A COD, IS THAT WHERE ALL THIS IS GOING? CORRECT. OKAY. ALRIGHT. UM, IS THERE ANYONE, UH, IS IS THE APPLICANT HERE, COME ON UP. UH, PLEASE STATE YOUR NAME, TELL US ABOUT YOUR PROJECT. YES, GOOD AFTERNOON. THANK YOU. I'M DARIO BLI, I'M A GENERAL CONTRACTOR. I'M TALKING ON BEHALF OF THE OWNER, RAFAEL SDA, WHICH IS HERE WITH ME. OKAY. YES. SO, UM, UM, YEAH, WE'RE TRYING TO DEVELOP, UM, IN THIS, IN THIS LOT. BUT, UM, YEAH, THE THING HERE IS THAT WE ARE GOING TO BE ALLOWED JUST TO DO, I MEAN, WHAT WE WANT TO DO IS JUST ONE HOUSE. OKAY? UH, WE HAVE, UH, SEVERAL TREES IN, IN THE CORNER OF OLIVE STREET AND WE WILL LOVE TO KEEP IT OUR, OUR OUR LIKE A FULL WALL, UH, OF, [01:05:01] OF YOU CAN SEE THERE IN THE, IN THE LOWER PICTURE IN THE, IN THE, IN THE LEFT SIDE. AND SO WE, I MEAN, I DON'T KNOW HOW WE CAN BUILD MORE, MORE THAN TWO IS MAYBE NOT POSSIBLE, AND DOING TWO, IT WILL BE DAMAGED THAT AREA. SO WE WILL LOVE TO JUST ONE BUILD JUST ONE HOUSE. UH, WE HAVE ONE HOUSE IN THE, IN THE RIGHT SIDE TOO IS OUR NEIGHBORS, OUR NEIGHBOR. SO, UH, YES, THE, THAT'S WHY WE ARE THINKING IT'S GOING TO BE BETTER FOR US TO JUST BUILD ONE HOUSE, UH, DOING DIFFERENTLY THAN, UH, REQUESTING, UM, THIS VARIANCE WITH YOU IS GOING TO TAKE US SO MUCH TIME AND TAKE US MUCH MORE MONEY. I THINK WE ARE GOING TO BE EVEN BETTER FOR THE NEIGHBORS TO DO JUST ONE HOUSE, UH, RATHER THAN ASK DIFFERENTLY. OKAY. UM, STAFF, IS THERE ANYONE SIGNED TO SPEAK ANY VOICEMAILS? NO PUBLIC COMMENT. ALRIGHT. ANY, UH, COMMISSIONER QUESTIONS? MANNA COMMISSIONER MANNA? SO CHAIR ING, COULD YOU EXPLAIN WHAT, WHAT IS IT YOU STATED AT THE BEGINNING OF THE DIALOGUE WITH REGARDS TO THE SPACING FOR EVERYBODY? YEAH, SO, UM, ANYTIME YOU HAVE A LOT, UH, THAT WAS CREATED, UH, PRIOR TO JANUARY, I BELIEVE IT'S JANUARY OF 2005, YOU CAN, UH, APPLY FOR A CERTIFICATE OF DETERMINATION, UH, TO NOT DO A PLAT, BUT YOU HAVE TO MEET A SERIES OF TESTS. AND ONE OF THE TESTS THAT'S VERY DIFFICULT TO MEET, THAT YOU HAVE TO MEET THE, THE, UH, REQUIREMENTS FOR THE ZONING. AND SO WITH THIS LOT BEING LESS THAN 4,000 SQUARE FEET, WHICH IS WHAT'S REQUIRED FOR RM FOUR, IT DOESN'T DO THAT. AND SO BY GETTING A VARIANCE FROM US TODAY, IT OPENS THE DOOR FOR THIS APPLICANT TO PURSUE A CERTIFICATE OF DETERMINATION. UM, IF, IF THEY, IF WE WERE TO GRANT THIS TODAY, SINCE THEY'RE NOT ASKING FOR ANY SETBACK VARIANCES, UH, THIS WOULD BE, UH, SPACED OUT, YOU KNOW, PRETTY, PRETTY GENEROUSLY WITH THE NEIGHBORS. UH, IF THEY WERE TO PURSUE A CHANGE OF ZONING, IT WOULD HAVE LESS SETBACKS, UH, THAN WHAT IT CURRENTLY HAS. AND SO, UM, YOU KNOW, I JUST WANTED TO PUT THAT OUT THERE. THAT'S WHY I BROUGHT IT UP BECAUSE, UH, IT, IT'S USUALLY WITH SOMETHING THIS SMALL, YOU WOULD ALSO ASK FOR SOME SETBACK RELIEF, BUT THEY'RE NOT SO SURE. MAKES ME FEEL BETTER ABOUT IT. SO IS THERE ANY QUESTIONS FOR THE APPLICANT? MANNA? SURE. MANNA. SO, UM, AND SO, UH, THERE IS A PROPERTY BEHIND IT AND ON THE GOOGLE DRIVE IT DOES LOOK LIKE THE, THERE'S GOING TO BE A AVAIL ON THERE AS WELL THAT LOOKS A LITTLE BIT LARGER AND A LITTLE BIT MORE DENSE. SO, SO HOW DO YOU THINK THAT PLAYS ALONG WITH YOUR, UH, WHAT IS THAT YOU'RE LOOKING TO DO HERE? SO, SO FROM A, I GUESS SITE COMMUNITY PERSPECTIVE, UM, YOU KNOW, SO HOW DOES THAT FIT, HOW DOES YOUR, YOUR PROJECT FIT IN WITH THAT ONE? WHICH, WHICH ONE? EXCUSE ME. THE ONE IN THE, IN THE RIGHT SIDE. SO THE ONE IN 5 28 I BELIEVE IS, YEAH, SO DEPENDING ON, I GUESS THE ORIENTATION OF YOUR, YOUR HOME, IT'S GONNA BE BEHIND IT. I BELIEVE IT'S OFF OF SOUTH OLIVE, RIGHT? YEAH. SO IF YOU LOOK AT THE PICTURE ON THE GOOGLE, IT SHOWS ON THE, ON THE SIGN THERE. KEEP GOING. LOOK AT THE MAP RIGHT THERE. SO JUST, UH, I'M ASSUMING YOU SAW THAT PICTURE, SO, OKAY. YEAH, THEY'RE GONNA PUT IN A DUPLEX. OKAY. UH, BUT BECAUSE THE APPLICANT'S ADDRESS IS OFF OF, UH, MARTIN LUTHER KING, THEY WOULD HAVE A 10 FOOT REAR SETBACK, WHICH WOULD BE A BUDDING THAT DUPLEX. SO YES. SO YEAH, FOR, SO FOR YOU IT'S NOT AN ISSUE, BUT YOU KNOW, BUT AGAIN, FROM THEM, SO THEY HAD THAT SIDE, THAT SIDE SET BACK. AND SO JUST TO JUST, YOU KNOW, I GUESS MAKING YOU AWARE THAT THERE IS THAT THING GOING IN THERE. UM, AND SO JUST KIND OF WANTING TO SEE HOW YOU, I GUESS ALL YOUR NEIGHBORS ARE GONNA WORK WITH THAT, SO REALLY JUST CALLING THAT OUT. SO YES, AND THANK YOU FOR THE QUESTION. YES, I UNDERSTAND THAT PART. YEAH, I THINK IN, IN, IN THE PARTICULAR CASE OF THIS LOT, AS SOON AS IT'S A CORNER, AS SOON AS WE, UH, WE ARE DOING OTHER HOUSES IN THE ZONE, SO WE KNOW ALREADY MUSCLES LET'S HOW IS THE THINGS ARE MOVING AROUND. SO, AND OF, BECAUSE ALL OF THAT TREES AND BECAUSE OF PERSONAL REASON FROM OF MY CLIENTS, HE, HE'S DECIDED TO DO JUST ONE HOUSE. AND, AND YES, WE ARE AWARE OF THAT, BUT AS SOON AS WE ARE FOREST FROM FROM OUR NEIGHBORS, I THINK IT'S EVEN BETTER. YES. OKAY. ANY OTHER QUESTIONS? YEAH, I STILL DON'T REALLY UNDERSTAND WHY YOU'RE GOING THIS ROUTE RATHER THAN ASKING FOR A ZONING CHANGE, WHICH WOULD SEEM TO PUT YOU IN A BETTER POSITION. I THINK IT'S BECAUSE, UM, MY CLIENT, MY, I SAY MY CLIENT, MY PARTNER, THE OWNER IS, IS IN WILLING TO JUST DO A HOUSE AT THAT SIZE. AND I THINK IT'S BECAUSE COMMERCIAL ISSUES. SO IT'S BETTER FOR HIS, FOR HIS PURPOSES TO HAVE A HOUSE THAT SIZE WITH NO SEC, WITH NO, I MEAN NO BIGGER. SO IT, I MEAN, FULFILL PERFECTLY WELL HIS NEEDS. SO THAT'S, HE DOESN'T NEED TO GO TO DO BIGGER OR TO DO TWO HOUSES. AND IT'S BECAUSE HE'S THE LOT IN THAT SIZE. AND, AND IF YOU, AND IF YOU FIND IT DOESN'T WORK OUT, YOU CAN PURSUE THE ZONING CHANGE. I GUESS IF YOU NEED MORE ROOM. COMMISSIONER ZUNA? NO, I WAS JUST GONNA REEMPHASIZE THAT PURSUING THE ZONING CHANGE WOULD RE WOULD ACTUALLY HAVE LESS SETBACK REQUIREMENTS AS I UNDERSTAND. RIGHT. SO, UM, GOING THIS ROUTE WITH THE VARIANCE PROVIDES MORE PROTECTION FOR THE NEIGHBORS IN TERMS OF THE SETBACKS FROM THE SIDE NEIGHBORS AND THE REAR NEIGHBORS. SO, RIGHT. SO IF THERE'S ANY OTHER QUESTIONS, LET'S HAVE A MOTION PLEASE. BRAGMAN COMMISSIONER BREGMAN REGARDING CASE NUMBER [01:10:01] BO A DASH TWO FOUR DASH 0 3 0 0 2 0 0 A MOVE TO THE BOARD OF ADJUSTMENT GRANTER REQUEST FOR A 1,791 SQUARE FOOT LOT SIZE VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT LOT SIZE TO ALLOW SINGLE FAMILY RESIDENTIAL DEVELOPMENT ON A 2,209 SQUARE FOOT. LOT SITUATED AT 5 0 1 MARTIN LUTHER KING DRIVE. APPLICANT BEING ASKED OR DEVELOPMENTS LLC 'CAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THE ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. STAFF FINDS THIS REQUEST IS NOT CONTRARY TO PUBLIC INTEREST AS THE APPLICANT IS ABIDING BY THE SETBACK REQUIREMENTS, WHICH WILL NOT INFRINGE ONTO THE NEIGHBORING PROPERTIES. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN HAVING TO REZONE, WHICH WOULD RESULT IN AN UNNECESSARY HARDSHIP. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS 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 THE VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF WAS FOUND THAT 1,791 SQUARE FOOT VARIANCE 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 WHICH THE VARIANCE IS SOUGHT IS DUE UNIQUE OF 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 DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR THE VARIANCES ARE SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS LOT SIZE AND DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION. SECOND COMMISSIONER MANNA HAS A SECOND COMMISSIONER BRAGMAN, UH, I'LL BE IN SUPPORT OF THIS MOTION. UM, I THINK THAT GOING THIS ROUTE AS OPPOSED TO, UH, REZONING WHICH WOULD ALLOW FOR NARROWER SETBACKS WOULD, UH, BE MORE OF A HARDSHIP ON THE NEIGHBORS BOTH REAR AND ON THE SIDE. UM, WE ARE ALSO FACING A HOUSING SHORTAGE IN SAN ANTONIO AS ACROSS THE COUNTRY. AND SO BEING ABLE TO DEVELOP THIS LOT FOR A SINGLE FAMILY HOME, UM, IT'S COMMENDABLE. SO I'LL BE IN SUPPORT OF THE MOTION. THANK YOU. COMMISSIONER MANNA? UM, YES, I AGREE WITH MY COLLEAGUE. AND THEN LIKE TO ADD IN THAT, UM, HISTORICALLY, UH, DENVER HEIGHTS IS VERY VOCAL WITH REGARDS TO, UH, THINGS THAT THEY, THEY FIND CHALLENGING AND, AND BEING THAT THEY DIDN'T HAVE VOICE AND OPPOSITION HERE, I'M GOING TO RIDE WITH THAT BEING THAT THEY ARE IN FAVOR OF THIS AS WELL. SO, UH, I'LL BE VOTING IN FAVOR. ALRIGHT, THANK YOU. ANY OTHER COMMISSIONERS' LIKE TO ADD HEARING NONE UNLESS HAVE A ROLL CALL VOTE PLEASE. COMMISSIONER MANNA? NO. BRAGG COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER EBAN? I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER BONNI? YES, I CONCUR. CHAIR ORIAN. I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. CONGRATULATIONS. THANK YOU VERY MUCH. THANK YOU. THANK YOU. ALL RIGHT, UM, ITEM NUMBER 11. ITEM 11 BO 24 1 0 3 0 0 2 0 5. ADDRESS 14 42, 15 0 2 AND 1504 CATON AVENUE COUNCIL DISTRICT THREE, APPLICANT, A CASA'S RESIDENT COUNSEL INCORPORATED REQUEST ONE A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW ONE INCH SIDE SETBACK FOR THREE LOTS AND TWO, A 14 FOOT 11 INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION TO ALLOW ONE INCH CLEAR VISION ZONING. R FOUR. THE SUBJECT PROPERTY IS LOCATED ALONG CATON AVENUE SOUTH OF RIGSBY AVENUE. THE LOTS ARE CURRENTLY VACANT. THE APPLICANT IS SEEKING TO CONSTRUCT THREE SINGLE FAMILY HOMES ON THREE SEPARATE LOTS. THE APPLICANT'S SITE PLAN REFLECTS A FOUR FOOT SIX INCH AND NEGLIGIBLE SIDE SETBACKS ON EACH SLOT. ADDITIONALLY, AFTER STAFF REVIEW, [01:15:01] CLEAR VISION WAS ADDED TO THE REQUEST FOR THE EXPECTED DRIVEWAYS. THE THREE LOTS HAVE A CERTIFICATE OF DETERMINATION AND AS SUCH, DO NOT REQUIRE MINIMUM LOT SIZE VARIANCE. AND THIS IS A SITE PLAN AND THE SUBJECT PROPERTY AND THE SURROUNDING AREA. STAFF RECOMMENDATION FOR THE SIDE SETBACK AND DRIVEWAY CLEAR VISION VARIANCES. STAFF RECOMMENDATION FOR THE SIDE SETBACK AND IS, UH, STAFF RECOMMENDS DENIAL AND BO OA 2 4 1 0 3 0 0 2 0 5 BASED ON THE FOLLOWING FINDINGS OF FACT. ONE, THE REDUCED SIDE SETBACK AGGRAVATE WATER RUNOFF AND FIRE SAFETY ISSUES. AND TWO, THE REQUESTED VARIANCE WILL ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH IT IS LOCATED. AND THEN FOR THE DRIVEWAY, CLEAR VISION VARIANCE STAFF RECOMMENDS APPROVAL AND THE SAME BOA CASE BASED ON THE FOLLOWING FINDINGS OF FACT, SUFFICIENT SPACE WILL REMAIN TO SAFELY BACK FROM AND ONTO THE LOCAL ROAD. AND THE REQUESTED VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH IT'S LOCATED. AND STAFF MAILED OUT 37 NOTICES. WE RECEIVED FOUR IN FAVOR WITH ONE IN FAVOR, OUTSIDE 200 FEET, UH, ZERO IN OPPOSITION. AND THERE'S NO NEIGHBORHOOD ASSOCIATION LOCATED WITHIN 200 FEET. AND SOME SIGNATURES, UH, COLLECTED IN FAVOR OF THE VARIANCES. AND THAT CONCLUDES THAT PRESENTATION. APPLICANT'S AVAILABLE. UH, BEFORE YOU GO, UM, QUICK QUESTION. SO ARE THEY, THIS APPLICANT IS PURSUING CODS, TO YOUR KNOWLEDGE? THEY DID GET, UH, GRANTED. OKAY. THEY WERE GRANTED SOMETHING. SO THEN BECAUSE THEY'RE NOT PLATTING, THERE IS NO ZERO LINE, UH, COVENANTS OR RESTRICTIONS THAT ARE GONNA BE ALCOHOL. THEY'RE JUST DOING IT THIS WAY. CORRECT. OKAY. ALRIGHT. QUESTION COMMISSIONER. UH, GIVEN ON THE, ON THE SAME LINES AS, AS THE QUESTIONING THERE, DO WE KNOW IF THERE'S A MAINTENANCE EASEMENT OR ANYTHING TO ALLOW FOR THE MAINTENANCE ON THOSE SIDES WITH THE ONE INCH SETBACK? AND THEN WHAT IS THE DISTANCE BETWEEN THE, UH, THE TWO STRUCTURES? OH, I, I CAN SEE THAT THERE'S A, YEAH, FOUR FOOT SIX, UH, INCH BETWEEN THE STRUCTURES. UH, AND THEN ALSO THAT NEGLIGIBLE SIDE AND, AND THE MAINTENANCE EASEMENT. MAINTENANCE EASEMENT. WE CAN CHECK THAT. WE CAN'T MAKE 'EM DO IT AND CODS DON'T REQUIRE IT. BUT HOW DO YOU MAINTAIN THE SIDE OF THE HOUSE? UH, IT'S A GOOD QUESTION. OKAY. WE'LL ASK THE APPLICANT WHEN HE COMES UP. UH, LET'S HAVE THE APPLICANT, UH, COME FORWARD PLEASE. ALL RIGHT. IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. GOOD AFTERNOON. MY NAME IS ZEKE ROMO. I'M THE EXECUTIVE DIRECTOR OF AR CASAS. ALSO PRESENT, UH, IT'S MELISSA CASANOVA. SHE'S OUR DIRECTOR OF CONSTRUCTION. FOR ANY SPECIFIC QUESTIONS, I JUST PUT THE THINGS TOGETHER AND SHE ACTUALLY OVERSEES THE BUILDING OF THE HOMES. BUT BASICALLY WE, UM, WE HAD BUILT 20, UH, FOR 20 YEARS, LESS 20 YEARS AFFORDABLE HOMES IN THE, UH, WEST SIDE MOSTLY. BUT BACK IN THE 2004, WE DID BUILD SOME HOUSES ON WADE STREET, WHICH IS TWO STREETS DOWN THE ROAD, AND AFFORDABLE HOMES AT 80% A MI OR LESS. WE GET FEDERAL FUNDING CITY HOME FUNDS TO BE ABLE TO PROVIDE HOMES FOR THE, UH, THE AMERICAN DREAM FOR A LOT MORE. UH, PEOPLE WE FOLLOW THE, UH, CITY'S DESIGN GUIDELINES AND CONSTRUCTION STANDARDS FOR NEW CONSTRUCTION TO RESPECT AND ENHANCE THE NEIGHBORHOODS, UH, CHARACTER. ALL THE HOMES WE BUILT, UH, WE HAD SENT SOME PHOTOS OF EXAMPLES OF HOMES WE BUILT. WE JUST BUILT SOME HOMES IN ON SARA SAMMO DOWN THE ROAD. UH, THEY'RE ALL SINGLE FAMILY THEY FIT WITH IN WITH THE CHARACTER, THEIR, UH, ONE STORY. WHEREAS MANY, UH, DEVELOPERS ARE BUILDING TWO STORIES TO GET THE MOST, UH, UH, HIGHEST PRICES OUT OF 'EM. WE BUILD HOMES TO BE AFFORDABLE AND FIT IN WITH THE, UH, NEIGHBORHOOD. WE, UH, WE FEEL THAT THESE HOMES WILL FIT WITH THE NEIGHBORHOOD BECAUSE OF THE NATURE OF THE PROPERTY. THEY'RE, UH, 25 FEET BY 117 LONG AND NARROW. SO WE WANNA BUILD THE, UH, WE WOULD REQUEST THE VARIANCE ON THE WEST SIDE OR THE RIGHT SIDE OF EACH HOUSE TO BE ABLE TO HAVE THE DRIVEWAY, 10 FOOT DRIVEWAY GO BY 32 FEET UP INTO THE MIDDLE OF THE HOUSE. THE, UH, FIRST PART OF IT, THE FIRST 32 FEET WOULD BE THE LIVING ROOM, THE, UH, KITCHEN AND SO ON. AND THE LESS 24 FEET WOULD BE THE BEDROOMS. SO WITH THAT VARIANCE, YOU WOULD ALLOW US TO MAKE SURE THAT WE BUILD BIGGER BEDROOMS, BIGGER HOUSE FOR THE FAMILIES. 'CAUSE WE FEEL, UH, EVEN THOUGH [01:20:01] THEY'RE AFFORDABLE HOUSING HOMES, WE FEEL THEY SHOULD BE NICE, AMPLE AND COMFORTABLE FOR THE, UH, UH, SO PEOPLE CAN AGE OUT IN PLACE AS THEY LIVE THERE. ALL THE, UH, PEOPLE THAT WE, I WENT ACTUALLY OUT THERE SATURDAY, BEAT THE RAIN, THE SPRINKLES, AND I WAS ABLE TO, THE FIVE PEOPLE THAT WERE THAT ANSWERED AND WERE HOME, ALL WERE VERY IN FAVOR OF THE HOUSING. IF YOU LOOK AT THE NEIGHBORHOOD RIGHT ACROSS CATON, THERE ARE, UH, THREE VACANT HOMES, IF RIGHT NEXT TO THAT PROPERTY THAT WE SHOWED, WE'RE ON THE RIGHT HAND SIDE OF THE GATE. ON THE OTHER SIDE OF THE GATE, THERE'S ANOTHER THREE LOTS. WE'VE TALKED TO THE, UM, OWNER THERE. HE'S ALL IN FAVOR OF IT. HE'S GONNA BUILD A COUPLE OF HOUSES THERE. ALSO, WE'VE ALSO, LIKE, AS I MENTIONED, BUILT HOMES ON WADE. THEY'RE ALL SINGLE FAMILY FIT IN WITH A NEIGHBORHOOD. WE HAVE BUILT ONE HOME ON VIAL, WHICH IS RIGHT BELOW, UH, THE HIGH SCHOOL. THAT'S ALSO A, UM, ONE STORY AND AGAIN, FITS WITH A NEIGHBORHOOD. THE, UH, IT, THE HOMES WERE GONNA BE, AS I MENTIONED, THREE LOTS TOGETHER. THEY'RE WITHIN ALMOST A SPEC ON THE RIGHT HAND SIDE. THERE'S, THERE WAS THE CLOSURE OF WHAT'S ANITA STREET USED TO RUN UP TO, RIGSBY. SO WE WERE ABLE TO BUY FROM THE CITY WAY BACK IN 2004. THAT PIECE, WHICH IS THE, UH, THIRD LOT. AND THEN IN BETWEEN THERE, THERE'S ANOTHER LOT THAT'S EMPTY THAT BELONGS TO THE OTHER OWNER. SO THAT WOULD ALMOST BE A THREE. THE THREE LOTS WOULD ALMOST BE ONTO ITS OWN. UM, NO, UH, WINDOWS ON THE, ON THE, UH, RIGHT HAND SIDE. THE, THERE WOULD BE ENOUGH ROOM FOR, UH, FIRST RESPONDERS. THAT'S WHY WE'RE BUILDING THE DRIVEWAYS FARTHER IN. THERE'S AN, AND ALSO TO GIVE PEOPLE ACCESS TO THE LONG YARD, THAT WOULD BE IN THE BACK. WE ARE, IN FACT, WE JUST GOT OUR, UH, GEOTECHNICAL SOIL TEST FROM BURGE ENGINEERING. AND THEY GAVE US A VERY GOOD POSITIVE, POSITIVE TESTING RESULTS TO BE ABLE TO BUILD ON THERE. AND, UH, SO WE'RE MOVING FORWARD. WE JUST WANNA MAKE SURE THAT WE HAVE AS MUCH ACCESS TO MUCH PROPERTY SO THAT WE CAN BUILD AMPLE HOMES FOR THE, UH, FOR THE HOME BUYERS. THE, UH, AS I MENTIONED, WE TALK TO THE, UH, NEIGHBORS. IN FACT, ONE NEIGHBOR THERE OFFERED TO SELL US THREE LOTS THAT HE OWNS ACROSS THE STREET. UM, TO BE ABLE, AGAIN, TO BUILD AFFORDABLE HOMES. I THINK IF YOU KNOW THAT AREA, THE, UH, IT'S A DECLINING AREA. IT'S GENTRIFICATION ON THE OTHER SIDE, ON ONE SIDE OF IT. AND WE WANT MAKE SURE THAT, THAT, UH, THAT NEIGHBORHOOD CONTINUES TO GROW. IN FACT, WE ALSO HAVE A HUT COUNSELING, UH, UNIT THAT WE'RE GOING TO BE DOING SOME HOME, FIRST TIME HOMEOWNER CLASSES AT REUS UNIT, UH, LIBRARY TO BE ABLE TO GET, UH, PEOPLE FROM THAT AREA TO BUY THE HOMES. WE ALSO HOPE TO MARKET THE HOMES TO THE, UM, WE'RE GONNA BE DOING SOME HOME BUYER EDUCATION CLASSES. IT'S A TOYOTA PLANT AS THAT'S REALLY RELATIVELY DOWN THE ROAD FOR THE, UH, THESE HOMES. THE, UH, AS FAR AS THE WATER RUNOFF AND, AND FIRE SAFETY, WE'RE ALSO GONNA HAVE A DRAINAGE PLAN. WE'VE ALREADY MET WITH THE CITY STAFF, THE RIGHT OF WAY STAFF ON THE RETAINING WALLS TO MAKE SURE THAT THEY'RE APPROPRIATE AND THEY'RE GONNA BE IN, IN ON IT FROM THE STARTUP ABOUT PRE-CONSTRUCTION. PRE-PLANNING, WE'RE GONNA HAVE LOW SLOPE DRIVEWAY. AS I MENTIONED, WE'VE DONE THE GEOTECHNICAL BORING TEST FROM BURGE TESTING, AND WE'VE JUST GOT THE RESULTS TODAY. SO WE'RE GONNA LOOK AT THAT. BUT MY QUICK LOOK AT IT MEANS, LOOKS VERY POSITIVE AND THERE'S NO, UH, THEY EVEN TALK ABOUT THE DRAINAGE BEING APPROPRIATE, THE SLOPE BEING JUST A RIGHT SLOPE SO THAT DRAINAGE WILL GO DOWN TO THE STREET. THERE'S CULVERTS AND, AND DRAINS DOWN, UH, THAT THE CITY HAS, AS I MENTIONED, THE WEST EXTERIOR WALLS ARE DESIGNED OF A ONE HOUR FIRE, UH, CONSTRUCTION, RESISTIVE CONSTRUCTION, AS I MENTIONED. UH, NO WALLS, NO WINDOWS ON THE WEST WALLS. AGAIN, TO BE, TO HAVE THAT PROTECTION. AND AGAIN, AS I MENTIONED, THE DEEP DRIVEWAYS TO BE ABLE TO ALLOW ACCESS TO THE, UH, UH, FIRST THE, UH, FIRE, UH, RESPONDERS. THE, UH, AS, UH, WHEN THE COMMISSIONERS MENTIONED, WE ARE IN A AFFORDABLE CRI HOUSING CRISIS HERE IN THE CITY OF SAN ANTONIO. WE THINK WE, WE LOOK AS A, AS A NONPROFIT AT BUILDING AS MANY AFFORDABLE HOMES, BUT YET BUILDING THEM NICE. WE FEEL EVEN JUST BECAUSE A HOME BUYER IS A LOWER INCOME, THEY SHOULD NOT SETTLE FOR LESS. THEY SHOULD HAVE, UH, AN OPPORTUNITY TO BE ABLE TO HAVE THE BEST HOUSE THAT, THAT WE CAN PROVIDE. AND THAT'S WHY WE'RE ASKING FOR THE VARIANCE TO BE ABLE TO BUILD, UH, BE SURPRISING. WHAT AN ADD ADDITIONAL FIVE FEET WE'LL DO TO A BEDROOM. UH, WE'RE DOING SOME TINY HOMES RIGHT NOW ON THE WEST SIDE, 625 SQUARE FEET, BUT THOSE ARE FOR ONE FAMILY OR TWO. [01:25:01] THESE WERE BUILDING FOR BIG FAMILIES. AND WITH A FIVE EXTRA FIVE FEET ALLOWS YOU TO PUT MORE FURNITURE IN YOUR BEDROOM, A COMPUTER, AND SO ON. SO IT'S VERY, VERY SIMPLE IDEA. AS I MENTIONED, IT'S A NON-PROFIT COMMUNITY HOUSING, UH, DEVELOPMENT ORGANIZATION. WE ALREADY HAVE THE FUNDING IN PLACE. WE HAVE CITI, UH, BEEN AWARDED. SOME GET FINANCING, WE'RE READY TO GO. WE'RE JUST, UM, COMING TO YOU TO ASK FOR THE, UH, THIS ASSISTANCE AND BEING ABLE TO GIVE, UH, THREE HOME BUYERS AN OPPORTUNITY AT THE AMERICAN HOME DREAM. ALL RIGHT. SO QUICK QUESTION. SURE. UH, YOU HAVE A, UH, UH, YOU'RE GETTING CERTIFICATE OF DETERMINATIONS ON THIS. UH, NORMALLY IF YOU WERE TO DO PURSUE SOMETHING LIKE THIS AND IT WAS BEING PLATTED, THERE WOULD BE A ZERO LOT LINE. THERE WOULD BE COVENANTS ASSOCIATED WITH THAT MAINTENANCE AGREEMENTS. IS THERE A MA UH, RECORDED MAINTENANCE? UH, FOR THE, FOR THE HOMES THAT, FOR THE SIDE THAT'S ALONG THE LOT. LINE. THE, THE CERTIFICATE OF DETERMINATION. WE, WE CHOSE THE FIRST TWO LOTS. LOT ONE AND TWO WERE TOGETHER. SO WE CHOSE HIS CERTIFICATE OF DETERMINATION TO DIVIDE HIM INTO TWO, TO BE ABLE TO BUILD AN ADDITIONAL AFFORDABLE HOME. THAT'S WHY WE ASKED FOR THE, WELL, I'M, I'M ASKING ABOUT A, THE HOMES THAT ARE ONE INCH OFF THE PROPERTY LINE, HOW, HOW DOES THAT HOMEOWNER MAINTAIN PAINT HIS HOUSE? HOW DOES HE DO ALL THAT? HE OR SHE DO ALL THAT? UH, WITH ONE INCH. THE WE, WHAT WE'RE GONNA DO THERE, THE THREE FAMILY HOME MEMBERS, WE'RE WORKING WITH THEM. WE COUNSEL THEM. THEY GO THROUGH OUR HOOD COUNSELING, UH, PROGRAM. SO WE WOULD EXPECT TO WORK WITH 'EM TO SEE IF THEY CAN COME. I THINK THE, THE QUESTION IS, WITHOUT TRESPASSING ON THE NEIGHBOR'S LOT, RIGHT, HOW DID, HOW DID THEY GET, HOW DO THEY LEGALLY ACCESS THE AREA TO MAINTAIN THAT WALL? THAT IS A GOOD QUESTION. I WONDER HOW FAMILIES THAT HAVE A ZERO LOT HAVE EASEMENTS. THEY, WHEN YOU DO, YEAH. WHEN YOU APPLY TO ZERO LOT LINE, THEY MAKE YOU PUT A MAINTENANCE ACCESS ON THE NEIGHBORING LOT SO IT CAN BE MAINTAINED LEGALLY. OKAY. UH, AND SO, AND AND ANOTHER QUESTION IS, I NOTICED THAT YOU'RE ASKING FOR A FOUR AND A HALF AND THEN THERE'LL BE A ONE INCH MM-HMM. , UH, WHY DON'T YOU JUST MOVE THE HOME AND PUT IT IN THE MIDDLE AND PROVIDE A LITTLE BIT OF ROOM ON EITHER SIDE? WE ARE OPEN TO REDUCING THAT FIVE FOOT TO LESS TO ALLOW THAT ACCESS. GOTCHA. AND, AND ON THE, UH, CLEAR VISION, THE ONLY REASON WHY YOU'RE HERE FOR THE CLEAR VISION IS 'CAUSE YOUR HOUSE IS 10 FEET AWAY FROM THE FRONT PROPERTY LINE. MM-HMM. , WHY DON'T YOU JUST MOVE THE HOUSE BACK FIVE FEET? YOU GOT 51 FEET IN THE REAR? WE COULD DO THAT. WE ARE OPEN AGAIN, WE'RE IN THE DESIGN AREA NOW. OKAY. AND STAFF, THE WAY THAT, THE WAY THIS WAS ADVERTISED, DOES THIS COMMISSION HAVE THE RIGHT TO IMPOSE, UH, VARYING SIDE SETBACKS ON THE, UH, EAST AND WEST SIDE OF THE HOMES OR SOLELY THE WEST SIDE? SO IT'S, IT'S ADVERTISED AS A SIDE SETBACK, SO OKAY. YOU CAN IMPOSE ON BOTH, BUT JUST REAL QUICK ABOUT THE CLEAR VISION. THE CLEAR VISION FOR THE FENCE, NOT THE HOME. OH, OKAY. THAT'S WHAT I WAS, I SAW THE HOMES BEING 10 FEET UP AND I, THAT'S WHAT THAT WAS FOR. SO WHAT SORT OF FENCING ARE THEY PUTTING IN? SO THEY HAVE THAT BIG RETAINING WALL. UM, SO THEY'RE JUST PUTTING THE FENCE OVER THE RETAINING WALL. IT'S, EVEN THOUGH IF THERE WAS NO FENCE, IT WOULD STILL HAVE THE SAME KIND OF, UM, PRECAUTIONS THAT A CLEAR VISION WOULD DO COUNT. SO THEY'RE JUST PUTTING A FENCE OVER IT, AND THAT'S WHY WE'RE RECOMMENDING APPROVAL ON THAT. SO THE, THE WAY THIS IS CONFIGURED WITH THE HOME STICKING IN AND THE DRIVEWAY AT THE SIDE, THAT'S NOT A CLEAR VISION ISSUE? THAT'S NOT AN ASSOCIATE THE ACTUAL HOME? NO, SIR. OKAY. I JUST WANTED TO ASK, MAY I, THE CITY HAS RECOMMENDED THAT THE RETAINING WALL RIGHT NOW IS LIKE SIX FOOT. THAT IT'D BE, UH, THREE FOOT. OKAY. THAT'S WHAT WE WOULD GO WITH. ANY OTHER, WE USUALLY PUT PRIVACY FENCING ON THE SIDES AND IN THE MIDDLE. RIGHT. COMMISSIONER AMANDA? SO, UM, WITH REGARDS TO FIRE RATING, UM, SO, SO THE SIDE SETBACK THAT WE'RE LOOKING AT IS FOUR FOOT SIX INCHES ON THE ONE SIDE WITH THE ONE INCH OFF THE OTHER SIDE. SO IT'S LESS THAN FIVE FOOT. SO IT WOULDN'T BASICALLY BOTH SIDES HAVE TO BE FIRE RATED THEN AT THAT POINT. AND THEY WOULD'VE TO, AND THEY WOULD'VE TO, UM, MEET ALL THE FIRE RATING CODES. SO, SO, SO, SO ESSENTIALLY THE, THE FOUR FOOT SIX INCH DOESN'T ALLOW YOU TO BYPASS A FIRE RATING, SO THAT WALL WOULD ALSO HAVE TO BE MM-HMM. , UM, UH, FIRE RATED AS FAR AS THE, THE ONE ON THAT SIDE. AND I GUESS GOING, GOING TOWARD OR ADDRESSING THAT. SO, SO, UM, UM, WHAT WOULD BE, UH, YOUR HARDSHIP FOR DROPPING THE WIDTH OF THE, UH, I GUESS THAT BACK PART OF THE HOUSE TO, UH, WE'LL SAY 19 FOOT, UH, 11 INCHES VERSUS A 20 FOOT, UH, UH, FIVE INCHES THAT YOU CURRENTLY HAVE AT. AND SO THAT WOULD NOW MEET THAT FIRE RATING AND THEN PROVIDE FOR A FIVE FOOT SIDE, YOU KNOW, AND SO, SO JUST TRYING TO FIGURE OUT THAT, THAT PIECE THERE, WE'RE OPEN TO, THAT DOESN'T HAVE TO BE THE FULL, UH, FOUR FEET, 11 INCHES. WE JUST WANTED TO USE, BE ABLE TO HAVE AS MUCH ACCESS IN THE BACK TO BE ABLE TO MAKE THOSE BEDROOMS AS BIG AS POSSIBLE FOR THE, OKAY. AND I, AND [01:30:01] I GUESS FOLLOW UP, UM, COMMISSIONER IAN'S, YOU KNOW, KIND OF DIRECTION IS THAT, YOU KNOW, IF THE BUILDING WAS LONGER, THAT MAY STILL PROVIDE YOU WITH THE SQUARE FOOTAGE THAT YOU KNOW, THAT YOU WERE, WOULD BE MISSING OUTTA THAT SIX INCHES. SO, UM, SO OKAY, COMMISSIONER, RIGHT. UH, MY QUESTION STILL IS THE MAINTENANCE ON THE SIDE OF THE HOUSE, I DON'T, HOW DID THAT EVER GET RESOLVED? OR WHAT, HOW ARE WE GONNA HAVE A, SO FAR IT HASN'T BEEN. OKAY. UH, I, I WOULD RECOMMEND BALANCING A SIDE SETBACK ON EITHER SIDE PERSONALLY, BUT, UH, WITH, IS THERE ANY OTHER COMMISSIONER QUESTIONS BEFORE WE, UH, GET INTO THE WEEDS ON THIS? SO MANNA AGAIN, SO GOING DOWN FOR MY FIRE SAFETY, FIRE RATING. SO, SO IF IT'S TWO AND A HALF FOOT ON EACH SIDE, UM, YOU KNOW, DOES THAT NOW PROVIDE FOR THE FIRE RATING ON THE SIDES OR IS IT, OR DOES IT HAVE TO BE FIVE FEET INSIDE? IT'S, IT'S, IT'S TYPICAL FOR, UH, ON, IN THESE OLDER PARTS OF THE CITY TO HAVE A THREE FOOT SIDE SETBACK. I WOULDN'T, I PERSONALLY WOULDN'T EVER RECOMMEND ANYTHING LESS THAN THAT, BUT I WOULD JUST, WELL, I'M GOING AFTER THE MINIMUM FOR, FOR THE FIRE, SAY, YOU KNOW, STARTING WITH THE FIRE, THEN GOING FOR THE RECOMMENDATION. SO, SO IF I'M, IF I UNDERSTOOD CORRECTLY, TWO AND A HALF FOOT ON EACH SIDE WOULD QUALIFY THEN FOR THE FIRE RATING OR, UM, FROM A FIRE RATING PERSPECTIVE, CORRECT. LESS THAN FIVE, YES. IT'S CLOSE. SO YES. THANK YOU. ALRIGHT, ANY OTHER COMMISSIONER QUESTIONS? IS THERE ANYBODY, SOME TO SPEAK VOICEMAILS? NO, NO PUBLIC COMMENT? OKAY. UM, I WOULD, UH, I THINK WE SHOULD MOVE ON TO A MOTION AND, AND FIGURE SOME OF THIS OUT. I WOULDN'T, I WOULD JUST RECOMMEND IN INSTEAD OF, UH, UM, A ONE INCH SIDE SETBACK, UH, I WOULD, I WOULD HIGHLY RECOMMEND, UH, IMPOSING AN, UM, EITHER OF A FOOT AND A HALF OR A TWO FOOT VARIANCE ON EACH SIDE OF EACH LOT, UH, TO GIVE, TO GIVE THREE OR THREE AND A HALF FEET, WHATEVER THE MAKER WOULD WOULD RECOMMEND. BUT THAT'S, THAT, THAT'S WHAT I THINK OUGHT TO HAPPEN, BUT THAT'S, WE'LL SEE WHAT A MOTION MAKER WOULD LIKE TO DO. UH, UNI REAL QUICK, UM, COMMISSIONER UNI, WE, WOULD WE BE ABLE TO DO A, SINCE THESE GUYS ARE JUST IN THE DESIGN PHASE AND, YOU KNOW, WE'RE TALKING ABOUT SETBACKS AND CHANGING THINGS UP, COULD WE MAYBE MOTION FOR A, A CONTINUANCE TO ALLOW THEM MORE TIME TO, TO MAYBE RE REDRAFT THIS DESIGN AND THEN BRING IT BACK TO US? WOULD, UH, THEY CAN, UH, I, I SEE NO ISSUE WITH THAT. I'M, ME PERSONALLY, I, I, I, I DON'T, I THINK GOING LESS THAN THREE FEET IS JUST A BAD IDEA, YOU KNOW, ALL THE TIME. UH, SO I, I WOULD BE HESITANT TO GET BEHIND ANYTHING THAT WOULD BE LESS THAN THAT. BUT, UM, I'LL LEAVE WHOEVER WOULD LIKE TO MAKE A MOTION. WE'LL SEE HOW IT TURNS OUT. DO WE HAVE A, A REQUESTED MOTION FOR CONTINUANCE OR, YEAH, I'LL GO, UM, I'LL MOTION FOR CONTINUANCE TO ALLOW THEM TO MAYBE, UH, REDRAFT THIS DESIGN WITH SOME OF THE THINGS THAT WE JUST SAID HERE TODAY. AND THEN, UM, WE CAN BRING THIS BACK AND, AND THEN VOTE ON IT AT THAT TIME. OKAY. IS THERE A, UH, SIR, IS THERE A TIME THAT WOULD BE ENOUGH FOR YOU TO, UH, TO WORK SOMETHING OUT IS TWO WEEKS? THAT WOULD BE ENOUGH TIME. TWO WEEKS WOULD BE ENOUGH TIME FOR THE NEXT MEETING. IT WOULD BE GREAT. ALL RIGHT. SO THAT WOULD BE, UH, NOVEMBER 18TH. UH, SOMEONE WOULD LIKE TO MA MANO BEFORE. YES. COMMISSIONER. SO, SO, UM, MR. EZ, WHAT, WHAT IS IT THAT WE'RE, WE'RE GOING TO ASK HIM TO COME BACK WITH, YOU KNOW, 'CAUSE, YOU KNOW, JUST WANNA MAKE SURE THAT WE UNDERSTAND SO THAT WAY WE KNOW WHAT HIS, WHAT HIS CHARGE IS, RIGHT? YEAH. I MEAN, AS DISCUSSED HERE, YOU KNOW, I THINK ONE OF OUR BIG ISSUES IS THIS SIDE SETBACK. IT'S THE MAINTENANCE OF THE PROPERTIES BEING SO CLOSE. UM, YOU KNOW, AS CHAIR SAID, A THREE FOOT IS TYPICAL IN THIS NEIGHBORHOOD. UM, I THINK A THREE FOOT MAY SATISFY A LOT OF PEOPLE HERE, UM, AND THEN BE ABLE TO STILL MAINTENANCE THE PROPERTY. UM, AND THESE GUYS ARE PRETTY EXPERIENCED IN IT FROM EVERYTHING THAT THEY'VE SAID TODAY. SO I'M SURE THAT THEY'LL BE ABLE TO FIGURE SOMETHING OUT WHERE THEY CAN FIT THIS WITHIN THERE, BECAUSE THERE'S PLENTY OF ROOM, UH, AS FAR AS THE, THE DEPTH OF THIS PROPERTY TO CHANGE SOME THINGS UP, STILL MEET THE REQUIREMENTS, UH, AS FAR AS WHAT THEY WANT, AND THEN WHAT WE WANT. SO, SO I WOULD RECOMMEND JUST DOING THREE FOOT AND LET 'EM FIGURE IT OUT. YEAH, SO THAT'S WHAT, THAT'S WHERE I WAS GOING. THAT WAS, I WAS ASKING THE QUESTION. SO, SO IT SOUNDS LIKE YOU WEREN'T, UM, UM, ADVERSE TO, UM, THE THREE FOOT SIDE. AND SO FROM THAT PERSPECTIVE, YOU KNOW, ONCE, IF THAT'S WHAT IT IS THAT WE DECIDE, THEN THAT'S WHAT THEY WOULD BUILD. SO VERSUS COMING BACK, AND UNLESS YOU'RE, UNLESS YOU'RE EXPECTING THAT THEY WOULD COME BACK WITH A NARROWER SETBACK AND THAT'S WHAT YOU'RE, YOU'RE, YOU'RE ADDRESSING OR TRYING TO ADDRESS RIGHT THEN YEAH. THEN IF WE COULD MOTION MAYBE FOR, FOR THE THREE FOOT, I'D BE OKAY WITH THAT TODAY TOO. YEAH, ME TOO. UH, I WOULD ASK THE A, I'M SORRY. YEAH, I WAS GONNA ASK THE APPLICANT IF THEY FEEL LIKE THEY WANT A CONTINUANCE OR IF THEY FEEL LIKE WHAT YOU'RE HEARING IS DOABLE. THAT I THINK AT THREE ELA, YEAH, WE THINK IT'S DOABLE WITH A THREE FOOT. OKAY. I'M LOOKING FOR A MOTION. I WILL DO IT IF NO ONE WANTS TO . OKAY. ALL RIGHT. SO, UH, RE I'LL GO AHEAD AND MOTION ON ITEM NUMBER 11. REGARDING CASE NUMBER BO OA DASH 24 DASH OH 3 0 2 0 5. I MOVE THAT THE BOARD OF [01:35:01] ADJUSTMENT GRANDER REQUEST FOR ONE, A TWO FOOT VARIANCE ON THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A THREE FOOT SIDE SETBACK ON THE WEST AND EAST SIDE, UH, FOR THREE LOTS, UH, AND TWO, A 14 FOOT, UH, 11 VARIANCE FROM THE MINIMUM OF 15 FOOT CLEAR VISION ALLOW A ONE INCH CLEAR VISION SITUATED AT 14 42, 15 0 2, AND 1504 CATON AVENUE, APPLICANT BEING AR CASA RESIDENT COUNSEL, INC. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOWED THAT THE PHYSICAL CHARACT OF THIS PROPERTY IS SUCH AS A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE VARIANCE IS IN NOT CONTRARY TO THE PUBLIC INTEREST, AS SUFFICIENT SPACE WILL REMAIN FOR FIRE SAFETY AND WA UH, WATER RUNOFF AS WELL. SAFETY, UH, BACKING FROM THE DRIVEWAY ONTO THE LOCAL ROAD. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFOR ENFORCEMENT OF THE ORDINANCES WOULD RESULT IN UN UNNECESSARY HARDSHIP AS INSUFFICIENT SPACE EXISTS ON THE LOT, AND THE FENCING GATE LINE IS AT AN ESTABLISHED LINE IN THE NEIGHBORHOOD. THREE, BY GRANTING THE VARIANCE APPEAR TO THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED VARIANCES APPEAR TO BE IN THE SPIRIT OF THE ORDINANCES. ADEQUATE SPACE WILL REMAIN FOR THE PURPOSES OF FIRE SAFETY AND WATER RUNOFF. AND THE FENCE AND GATE IS LOCATED ON AN ESTABLISHED LI LINE IN THE NEIGHBORHOOD. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OR USES, UH, OTHER THAN THOSE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THE PROPERTY IS LOCATED. STAFF FINDS THAT THE VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT PROPERTIES AS A WATER RUNOFF WILL NOT ADVERSELY IMPACT THE IMMEDIATE NEIGHBORS IN THE FENCE AND GATE LOCATION IS CONSISTENT WITH THE NEIGHBORHOOD IN WHICH RELIEF IS SOUGHT. SIX, APPLIED TO THE OWNER FOR THE PROPERTY, WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AS A LOT SIZE AND DIMENSIONS, AS WELL AS THE ESTABLISHED FENCING GATE LINE IN THE NEIGHBORHOOD. END OF MOTION. SECOND. SECOND BY COMMISSIONER MANNA. UH, I'LL BE IN SUPPORT OF IT AS READ, I THINK IN THIS AREA. WHEN YOU START HAVING 25 FOOT LOTS GOING DOWN TO THE MINIMUM THREE FOOT HISTORIC SETBACK IS, UM, UH, A GOOD WAY TO, TO PROVIDE SOME RELIEF, UH, TO THE APPLICANT. UH, COMMISSIONER MANANA. UM, I AGREE WITH MY, UM, COMMISSIONER THERE. AND SO, AND ALSO, UM, YOU HAVE RESOLVED MY FIRE, UM, QUESTIONS, SO I'LL BE VOTING IN FAVOR. ALL RIGHT. ANY OTHER COMMISSIONERS LIKE TO ADD TO THE DISCUSSION? COMMISSIONER I'M SUPPORTING THE MOTION IS RIGHT TO, I MEAN, MY CONCERN WAS, UH, MAINTENANCE AND CLEARLY WITH, WITH UH, THREE FEET, THEY SHOULD BE ABLE TO, UH, FIT A LADDER OR A BUCKET OR SOMETHING TO GET IN THERE. SO, ALL RIGHT. ANYONE ELSE? HEARING NONE THIS HAVE ROLL CALL, VOTE PLEASE. CHAIR ORIAN. UH, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER MENNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER BENAVIDEZ? I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER EZ? YES, I CONCUR. ALL RIGHT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. THANK YOU. YOU HAPPEN TO HAVE ANY QUESTIONS? GET WITH STAFF. OKAY. STAFF, DID ANY OF THE, UH, APPLICANT SHOW UP? UH, I THINK THERE WAS ONE, UH, REGARDING, UM, 14. 10 MONTANA. IT'S 14. 10. OKAY. FOR 1410 MONTANA SHOWED UP. OKAY, WELL THEN WE'LL KEEP, UH, MOVING ALONG. WE'RE ON ITEM 12. WHICH ONE IS IT? NUMBER 12. OKAY. ITEM NUMBER 12 B OH 8 24 1 0 3 0 0 2 0 7. ADDRESS IS 3 1 4 MUNCY STREET COUNCIL. DISTRICT TWO. APPLICANT IS AT AN OCHOA. A REQUEST FOR A 15 FOOT SIX INCH VARIANCE FROM THE 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW AN ADDITION TO AN EXISTING PRIMARY STRUCTURE TO BE FOUR FEET SIX INCHES FROM THE REAR PROPERTY LINE. THE ZONING IS R FIVE. SUBJECT PROPERTY IS LOCATED SOUTH OF INTERSTATE 35, WEST OF NORTH NEW BRAUNFELS AVENUE, NORTH OF NOLAN STREET ON MUNCY STREET. BEXAR COUNTY RECORDS INDICATE THAT THE ORIGINAL PRIMARY STRUCTURE BUILT IN 1930 HAS 929 SQUARE FEET OF LIVING AREA. THE CURRENT LOCATION OF THE EXISTING PRIMARY STRUCTURE PLACES LIMITATIONS ON EXPANSION AS THE WEST SIDE OF THE PROPERTY OF BUTS. AN ALLEYWAY AND A PRE-EXISTING DETACHED GARAGE CONSTRUCTED IN 1980 IS LOCATED ON EAST SIDE OF THE PROPERTY. THE APPLICANT ON BEHALF OF THE PROPERTY OWNERS REQUESTING A 15 FOOT SIX INCH REAR SETBACK VARIANCE TO ALLOW A PROPOSED ADDITION TO THE [01:40:01] EXISTING PRIMARY STRUCTURE TO BE FOUR FEET SIX INCHES FROM THE REAR SETBACK. THE VARIANCE WOULD ALLOW THE PROPERTY OWNER TO GARNER MORE LIVABLE SPACE TO RESIDE COMFORTABLY ON A PROPERTY PERMITS PENDING THE RESULTS OF BOARD OF ADJUSTMENTS. HERE'S YOUR SITE PLAN. SITE PLAN AND THE SUBJECT PROPERTY, THE SURROUNDING AREA OF THE SUBJECT PROPERTY. AND THIS IS THE REAR, UH, VIEW OF THE PROPERTY. AND ANOTHER VIEW IS WHERE THE ADDITION WILL BE GOING. AND ANOTHER VIEW UP CLOSE, UH, REAR SETBACK MEASUREMENTS, AND THEN THE MEASUREMENTS OF THE PROPERTY LINE BEHIND THE FENCE. AND THEN THIS IS A SIDE VIEW OF THE PROPERTY. AND THEN THIS IS A DETACHED GARAGE ON THE PROPERTY. AND THEN THIS IS FROM ACROSS THE STREET OF THE SUBJECT PROPERTY. AND THEN THERE'S THE EAST VIEW OF, UH, LOOKING DOWN MUNCIE STREET AND THEN THE WESTVIEW STAFF RECOMMENDATION AND REAR SETBACK VARIANCE STAFF RECOMMENDS APPROVAL IN BO 8 2 4 1 0 3 0 0 2 0 7 BASED ON THE FOLLOWING FINDINGS. THE REAR SETBACK VARIANCE WILL LEAVE SUFFICIENT ROOM AND WILL ABIDE ALL REMAINING SETBACK REQUIREMENTS. AND TWO, THE LOCATION OF EXISTING HISTORICAL STRUCTURE AND CURRENT LOT DIMENSIONS LIMIT EXPANSION OF THE PROPERTY. YOUR NOTIFICATION PLAN STAFF MAILED OUT 26 NOTICES. ZERO RETURN IN FAVOR, ZERO IN OPPOSITION AND DIGNITY. HILL NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. UH, MY APOLOGIZE, THERE'S THE, UH, LETTER FROM THE ASSOCIATION OR THE EMAIL. OKAY. ALRIGHT. SO BEFORE YOU GO, MM-HMM, , UM, IS THE EXISTING, UH, BUILDING BEING PART OF THIS AT ALL, IS IT SOLELY FOR THE NEW ADDITION THAT'S BEING REQUESTED? IT'S BOTH. I MEAN, SO SAY THAT AGAIN, I APOLOGIZE. WELL, THE SURVEY SHOWS THAT THERE'S, THERE'S ALREADY THEY'RE WITHIN THE SETBACK. ARE WE TRYING TO, ARE WE TRYING TO, UM, CLEAN THAT UP OR ARE WE ONLY DEALING WITH THE ADDITION? UH, ONLY WITH THE ADDITION THAT I'M AWARE OF. AND YEAH, THE EXISTING STRUCTURE IS, UH, NON-CONFORMING. SO THIS IS ADDING TO THE NON-CONFORMING STRUCTURE. BUT WE'RE, BUT THIS ANY MO AS ADVERTISED, THIS ISN'T GOING TO, THEY'RE, THEY'RE GONNA MAINTAIN THE NON-CONFORMING ASPECTS OF THE EXISTING. SO WHETHER WE'RE, ARE WE DOING ANY HOUSEKEEPING BY INCLUDING THE EXISTING HOME AT ALL OR IS IT SOLELY FOR THE ADDITION? IT WILL, IT WILL DO THE HOUSEKEEPING UNLESS, UH, THE BOARD ONLY, UM, SPECIFICALLY SAYS FOR TION OR SOME KIND OF LANGUAGE. BUT IF YOU DON'T, THEN IT'S JUST CLEANING UP THE NONCONFORMING. AND THEN THE SURVEY LOOKS A LITTLE, UM, BLURRY. BUT I WANTED TO MAKE SURE, IS, IS THE FOUR FOOT SIX THE WORST CASE SCENARIO? 'CAUSE IT LOOKS LIKE THE DIMENSION THAT'S CIRCLED, WHICH I REALLY CAN'T READ, THAT'S AT THE, AT THE BACK END OF THE CORNER IS FOUR FOOT SIX IN STAFF'S OPINION ADEQUATE, CORRECT? YEAH, THAT'S WHAT THE CURRENT, UH, REAR SETBACK IS AND THAT'S WHAT THEY WERE GONNA, AND FINALLY, UH, THIS ISN'T AN H DISTRICT THAT HISTORIC ALREADY HEAR THIS AT ALL. ALRIGHT, WELL I'M SURE WE'LL HEAR ALL ABOUT IT FROM THE APPLICANT. ALRIGHT, THANK YOU. THANK YOU. HAS THE APPLICANT COME FORWARD? PLEASE STATE YOUR NAME AND TELL US ALL ABOUT YOUR PROJECT. GOOD AFTERNOON. MY NAME'S ALAN OCHO. I'M THE, UH, DESIGNER AND HRC FOR THE, UH, UH, THE PROPERTY. UH, MY, MY CLIENT IS HERE AS WELL. HE'LL INTRODUCE HIMSELF IN JUST A MINUTE. UH, THE PROJECT, UM, AS WE HAD STATED, HAS ALREADY GONE THROUGH, UM, HGRC. THEY ALREADY APPROVED. WE ALREADY HAVE OUR COA, UM, APPROVAL LETTER. I BELIEVE WE HAD TURNED THAT INTO Y'ALL AS WELL. UM, SO ALL WE'RE DOING IS CURRENTLY THE EXISTING PROPERTY HAS A, UH, A BATHROOM AND A SMALL OFFICE THAT'S LOCATED IN THE BACK THAT'S ALREADY STRUCK, THAT'S ALREADY CONSTRUCTED, BUT UNFORTUNATELY DUE TO LIKE TERMINATE AND UH, WEATHER DAMAGE, UH, WE WERE GONNA BE REBUILDING THAT. AND AT THE SAME TIME, THE OWNER, UM, NOW WANTS TO, UH, INCREASE, UM, AT, AT THE TIME THE OWNER WAS, WAS HIMSELF, NOW HE'S MARRIED, SO NOW HE WOULD LIKE TO INCREASE HIS CLOSET SIZE AS WELL AS A BATHROOM, MASTER BATHROOM, UH, TO INCLUDE, UM, WHEN MORE FAMILY COMES OVER, THEY HAVE A PLACE TO GO TO THE BATHROOM AND, AND, UM, DURING WHICHEVER EVENT THAT THEY HAVE FOR THAT DURING CHRISTMAS, THANKSGIVING, THINGS LIKE THAT, OF COURSE WE WOULD LOVE TO GO BACK. BUT AS YOU CAN SEE, THIS PROPERTY IS, UM, SITUATED [01:45:01] UNIQUELY THAT WE ONLY HAVE A CERTAIN AMOUNT OF FOOTAGE IN BACK OF US. WE'RE NOT TRYING TO INCREASE THAT FOOTAGE THAT CURRENTLY IS THERE, BUT WE ARE GOING TO DECIDE AGAIN, WHICH, UH, H UM, HDRC HAS ALREADY APPROVED TO THE, DID DIGNITY HILL, UH, MAKE AN APPEARANCE AT THE HDRC MEETING AND HAVE ANY? I BELIEVE SO, YES. HOW LONG? I DON'T KNOW WHAT THEY REQUE, UH, I DON'T KNOW WHAT THEIR STATEMENT WAS. I'M JUST TRYING TO FIGURE OUT IF THERE'S ANYTHING SPECIFIC THAT THEY WERE OPPOSED TO. UH, EXCUSE ME. YES, THEY DID HAVE . OH, PLEASE COME FORWARD, SIR. YEAH, COME ON A SEC. UH, STATE YOUR NAME AND TELL US YOUR THOUGHTS. ANTONIO PEREZ. UH, I RESIDE AT 3 1 4 MUNCIE. UH, WHEN WE WENT TO THE HDRC HEARING, THEY ONLY LEFT A, A VOICEMAIL BECAUSE ORIGINALLY OUR DESIGN, WE, UH, TAKEN INTO ACCOUNT THAT HOUSE WAS BUILT IN 1930. MY GRANDMOTHERS LIVED THERE. SO AT 925 SQUARE FEET, IT'S REAL LIMITED IN THE SIZE. AND, AND WHAT WE HAVE, WE HAVE ONE CLOSET FOR THE WHOLE HOUSE AND LIMITED, UH, ONE SMALL RESTROOM. SO WE WERE TRYING TO EXPAND. SO WHEN WE WENT OUT AND DID THE APPLICATION FOR APPROVAL ON, ON THE DESIGN, OF COURSE THEY IDENTIFIED CERTAIN THINGS THAT WE NEEDED TO MEET, UH, IN ORDER TO MAINTAIN THE CHARACTERISTICS AND THE AESTHETICS, WHICH WAS FINE. WE AGREED TO ALL OF THAT AND THEY DID, UH, UH, I'M NOT SURE IF IT WAS A PRESIDENT OR FROM, UH, WHAT LEVEL FROM DIGNITY. ALL, ALL THEY INDICATED AT THE TIME WHEN WE WERE AT THE HEARING WAS THEY DIDN'T AGREE. WE THOUGHT WE COULD, UH, ADD A, A WRAPAROUND PORCH, BUT OF COURSE THEY SAID NO. IT, IT WASN'T ORIGINALLY DESIGNED THAT WAY. THE HOUSE, UH, WE DISAPPROVED THE, THE APPROACH OF A, A WRAPAROUND PORCH. SO WE SAID, OKAY. THEN AFTER THAT, THAT'S ALL WE, WE HEARD AT THE TIME. NOW I DO HAVE SOME SIGNATURES FROM THE, THE NEIGHBORHOODS. LIKE I MENTIONED, MY GRANDMOTHER LIVED THERE. WE HAVE TWO NEIGHBORS THAT, UH, KNEW MY GRANDMOTHER, UH, LIVED THERE. WELL, YOU'RE, YOU'RE WELCOME TO HAND IN THE STAFF. THEY CAN EVEN PROJECT HIM UP THERE. WE CAN TAKE A PEEK AT HIM. IS THERE ANY COMMISSIONER QUESTIONS WHILE HE IS A MANNA COMMISSIONER MANN? SO, SO DIGNITY HILL IS, UM, YOU KNOW, IS, THEY'RE VERY VOCAL I GUESS WITH REGARDS TO TRYING TO, UH, MAINTAIN AND MANAGE THE COMMUNITY. AND SO, UM, SO DID, SO IT DOESN'T SOUND LIKE YOU REALLY HAD A, A, A VALUED OPPORTUNITY WITH THEM TO TALK WITH THEM. YOU KNOW, IT SEEMED LIKE IT WAS JUST EXCHANGED OF SOME LETTERS IN THAT. AND, AND SO I WAS JUST WONDERING IF, IF MAYBE SOME TIME WITH THEM MAY BE USEFUL TO FIND OUT, YOU KNOW, WHAT, WHERE, WHAT IS THAT THEY'RE LOOKING FOR, UH, IN YOUR DEVELOPMENT WITH THAT WOULD BE BENEFICIAL OR NOT? I ACTUALLY HAD REACHED OUT TO THEM. I NEVER RECEIVED A CALL BACK FROM THEM. I LEFT THEM VOICEMAILS. AND, AND THE OTHER THING IS, UH, THE, THE, THE REQUEST FOR VARIANCE JUST CONTINUES. THE CURRENT, UH, VARIANCE. THAT'S THE, THE REQUEST FOR VARIANCE JUST CONTINUES IN PARALLEL TO THAT REAR SETBACK. SO WE'RE NOT REDUCING THE SETBACK REQUIREMENT OR ANYTHING, WE JUST WANNA MAINTAIN IT FOR THE ADDITION. SO WE CAN ADD THE, THE, THE, UH, FOOTPRINT THAT WE WANNA INCLUDE, WHICH WOULD BE A, UH, AN ADDITIONAL RESTROOM AND A WALK-IN SHOWER. 'CAUSE UH, I'M 65 YEARS OLD SINCE THAT I, I'VE GOT PICTURES WITH MY GRANDMOTHER IN THAT HOUSE. AND THAT HOUSE HAS LOOKED EXACTLY THE SAME, UH, FOR ALL THIS THIS TIME. THE, THE ISSUE SOME OF THIS IS, IS THAT WITH THE NEIGHBORS ASSOCIATION, ALL THEY STATED WAS THAT BECAUSE YOU'RE IN THE 10 FOOT SETBACK, THEY'RE OPPOSED TO IT. IT DIDN'T LOOK LIKE THEY HAD ANY OTHER DIALOGUE OTHER THAN THAT. UH, BUT, BUT USUALLY WHEN YOU GO THROUGH ANOTHER PUBLIC HEARING, LIKE HDRC, UH, OR THAT OR THAT, UM, YOU KNOW, JUST GOING THROUGH THAT PROCESS, YOU, THINGS WILL COME OUT THAT MAYBE THEY'RE NOT OPPOSED TO. UH, I NOTICED YOUR NEIGHBOR, YOUR, THIS WHOLE ADDITION IS ABUTTING THE REAR YARD OF YOUR NEIGHBOR AND THAT THAT PROPERTY'S BEEN VACANT FOR OVER 10 YEARS. THE NEIGHBOR, NEIGHBOR, THE, THE ONE BEHIND US. MM-HMM. . YEAH, IT'S A BACON. SEE, THE, THE WAY THE, THE, THAT BLOCK IS NORMALLY THEY, IT LOOKS LIKE THEY RUN FROM, UH, BURNETT NORTH AND SOUTH TOWARDS, UH, HAYES ABOUT 180 FEET BY, UH, 40 OR 50. WELL, THIS BEING A CORNER LOT, UH, MY LOT AND THE, THE CORNER LOT ON BURNETT AND, AND MUNCIE ARE, UH, WERE HALED AND, AND THEORETICALLY, I DON'T KNOW WHETHER IT'S GOOD OR BAD, BUT WE WOULDN'T EVEN MEET THE, THE REQUIREMENTS FOR AN R FIVE ZONE BECAUSE WE DON'T MEET THE 5,000 SQUARE FOOT REQUIREMENT. OKAY. WELL, UH, IS THERE, IS STAFF, IS ANYONE SENT TO SPEAK ANY VOICEMAILS? THERE IS ONE VOICEMAIL, NO ONE SIGNED UP TO SPEAK. LET'S HEAR THE VOICEMAIL, SEE IF ANYTHING COMES OUT OF IT. [01:50:04] HELLO, MY NAME IS VALERIE CORTES AND I'M CALLING ON BEHALF OF THE CONCERNED CITIZENS OF DIGNITY HILL WITH REGARD TO DOA CASE NUMBER 24 DASH 1 0 3 0 0 2 0 7 LOCATED AT 3 14 1 C STREET. WE DO NOT SUPPORT THE APPLICANT'S REQUEST FOR A 15 FOOT SIX INCH VARIANCE FROM THE 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW AN ADDITION TO AN EXISTING PRIMARY STRUCTURE TO BE FOUR FEET SIX INCHES FROM THE REAR PROPERTY LINE. DUE TO THE FACT THAT THE DESIGN DOES NOT MEET THE MINIMUM 10 FOOT SETBACK REQUIREMENT, THAT IS AN ESTABLISHED ZONING REQUIREMENT. THANK YOU. ALRIGHT. UH, ANY OTHER COMMISSIONER QUESTIONS? I DON'T HAVE A QUESTION. I JUST SI JUST HAVE, UH, THIS IVAN, UM, THE ORIGINAL HOUSE, UH, IS F WISE FOOTPRINT WISE AWAY FROM THAT PROPERTY LINE? THAT'S THE ORIGINAL DISTANCE THAT THAT HOUSE HAS HAD? YES, MA'AM. FOR ALL THESE YEARS. AND SO I'M, I'M JUST SAYING THAT I, I WOULD SUPPORT YOUR, UM, REQUEST, UH, BEING THAT THE ORIGINAL HOUSE, IT WAS ALREADY THAT DISTANCE AWAY FROM THAT PROPERTY LINE AND YOU'RE JUST CONTINUING THE LINE. IT'S NOT LIKE YOU'RE, YOU'RE PUSHING SOMETHING BACK AND YOU HAVE 20 FEET TO MEET THAT CRITERIA. CORRECT. SO I WOULD SUPPORT YOUR, YOUR VARIANCE. OKAY. UH, ANYONE ELSE? UM, HEARING NONE, I'M OPEN FOR A MOTION. I MOTION TO APPROVE. NO, SORRY, . I HAVEN'T, I HAVEN'T HEARD THAT ONE EVER. JUST KIDDING. SAY THE WHOLE THING. COMMISSIONER BRAGMAN. WE ARE STAYING WITH, UH, I'M SORRY. WE ARE STAYING WITH THE SAME, UM, WE, WE FOLLOW LINE UNDERSTAND. RIGHT. SO WE'LL SEE HOW THIS TURNS OUT. COMMISSIONER BRAGMAN REGARDING CASE NUMBER BO OA DASH 24 DASH 0 3 0 0 2 0 7 A MOVE THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR 15 FOOT SIX INCH VARIANCE FROM THE 20 FOOT REAR SIT BACK REQUIREMENT TO ALLOW AN ADDITION TO AN EXISTING PRIMARY STRUCTURE TO BE FOUR FOOT SIX INCHES FROM THE REAR PROPERTY LINE SITUATED AT 3 1 4 MUNCY STREET. APPLICANT BEING A DAWN OCHOA BECAUSE OF THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT, ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE VARIANCE WILL LEAVE FOUR FEET, SIX INCHES FROM THE REAR SETBACK, WHICH PROVIDES AMPLE ROOM AND WILL NOT BE CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS THAT A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF FOUND SPECIAL CONDITION ON THE PROPERTY THAT WOULD RESULT IN UNNECESSARY HARDSHIP, SUCH AS THE SHAPE OF THE LOT CREATES LIMITED SPACE IN THE REAR YARD FOR EXPANSION OF THE EXISTING STRUCTURE. THREE, BY GRANTING THE VARIANCE OF SPREAD OR THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE, THE VARIANCE WILL OBSERVE THE SPIRIT OF THE ORDINANCE AND SUBSTANTIAL JUSTICE WILL BE DONE AS, AS THE REQUESTED VARIANCE IS LIMITED TO THE REAR OF THE PROPERTY, AND THE PROJECT WILL ABIDE BY THE REMAINING SETBACK. REQUIREMENTS FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CARE OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REDUCED REAR SETBACK WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY AS THE PROPOSED FOUR FOOT SIX INCH REAR SETBACK WILL LEAVE SUFFICIENT ROOM AND WILL NOT ALL CHARACTER OF THE DISTRICT. SIXTH, THE PLIGHT OF THE OWNER OF THE PROPERTY, FIRST OF THE VARIANCE, 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 RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE VARIANCES ARE SOUGHT DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE LOCATION, THE EXISTING HISTORICAL STRUCTURE AND CURRENT LOT DIMENSIONS. THESE CIRCUMSTANCES WERE NOT CREATED BY THE PROPERTY OWNER. END OF MOTION. SECOND. SECOND BY COMMISSIONER BEEZ. COMMISSIONER BRAGMAN. UM, I'LL BE IN SUPPORT OF THE MOTION. I MEAN, YOU'RE NOT EXPANDING OUT THE FOOTPRINT OF THE PROPERTY BEYOND WHAT HAS HISTORICALLY BEEN THERE FOR SINCE 1930. UM, AND SO, UM, I I REALLY DON'T, YEAH. UH, I'LL BE IN SUPPORT. COMMISSIONER BOIZ. YEAH. I'M ALSO GONNA BE IN SUPPORT OF THIS. UH, YOU GUYS ARE LIMITED IN, IN THE DEPTH OF THE PROPERTY. UM, IT'S [01:55:01] BEEN THAT WAY FOR A VERY, VERY LONG TIME AND IT SEEMS LIKE, UH, WHERE YOU'RE PUTTING THE ADDITION IS PROBABLY THE MOST FEASIBLE, YOU KNOW, SPOT TO PUT IT IN. SO I'LL BE IN SUPPORT. ANYONE ELSE LIKE THAT? COMMISSIONER MANNA. SO, YEAH, I GUESS I'M STILL STRUGGLING WITH IT, YOU KNOW, DIALOGUE WITH DIGNITY, YOU KNOW, AND, AND YOU KNOW, AND I DON'T THINK THAT, YOU KNOW, IF THEY WERE LOOKING AT THIS, THAT THEY WOULD ALSO DISAGREE AND, YOU KNOW, JUST NOT COMING TO TERMS WITH THEM TO UNDERSTAND, YOU KNOW, I GUESS WHAT'S GOING ON IN THIS PROPERTY I THINK IS NOT DOING THEM SERVICE. I'M STRUGGLING. ANYONE ELSE? I JUST LIKE TO ADD THAT I'LL BE IN SUPPORT BECAUSE, UM, IT'S ALREADY AN ESTABLISHED, UH, REDUCTION OF THE 10 FOOT SETBACK. THERE'S ALREADY, IN ADDITION, THERE'S A GARAGE THAT'S LESS THAN 10 FEET. THE AREA THAT THEY'RE DOING THE EXTENSION, UH, IS, UH, RIGHT BEHIND A, THE REAR YARD OF THE NEIGHBORING PROPERTY. SO I DON'T SEE ANY ISSUE THERE. AND, UH, IT SOUNDS LIKE DIDN'T WE HILL JUST, IT'S JUST OPPOSED TO JUST BEING LESS THAN 10 FEET NO MATTER WHAT. AND THEY HAD, THEY DIDN'T SAY ANYTHING OTHER OTHERWISE OFF ANY, UH, OTHER DIALOGUE DURING THE OTHER PUBLIC MEETING WITH THE HDRC. SO I, I ASSUME A REASON WHY WE CAN'T JUST APPROVE THIS RIGHT NOW, UM, LET'S HAVE A ROLL CALL. VOTE. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER EZ? YES. SECOND CONCUR. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER, I CONCUR. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 10 TO ONE. UM, YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF? THANK YOU. THANK YOU. THANK YOU. UH, IS IS THE, UH, GROUP FOR THE CASE INVOLVING CPS ALL HERE? YES, SIR. ALL RIGHT. SO WE TRADITIONALLY TAKE A SHORT BREAK. IT'S ABOUT THREE O'CLOCK. DOES ANYBODY LIKE TO KEEP GOING OR DOES ANYBODY NEED A BREAK? LET'S KEEP ROLLING THEN. LET'S BRING UP, UH, WE'RE GOING BACK TO ITEM NUMBER SEVEN. ITEM NUMBER SEVEN, BO A 24 1 0 3 0 0 1 9 2. ADDRESS, 8 8 2 2 GARNET AVENUE COUNCIL DISTRICT THREE, APPLICANT ALAMO CONSULTING SERVICES REQUEST ONE, A FENCE HEIGHT, UH, FENCE MATERIAL VARIANCE TO ALLOW SHEET ROLLER CORRUGATED METAL FENCING. TWO, A TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM EIGHT FOOT FENCE HEIGHT TO ALLOW A 10 FOOT FENCE HEIGHT AND THREE A 19 FOOT, 11 INCH VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW A ONE INCH REAR SETBACK FOR A RAZOR WIRE FENCE. ONE SEC. I FEEL A LITTLE DIZZY. UM, AND FOR A FOUR FOOT, 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW ONE INCH SIDE SETBACK FOR A RAZOR WIRE FENCE AND FIVE A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A ONE INCH FRONT SETBACK FOR A RAZOR WIRE FENCE ZONING IS R SIX. THE SUBJECT PROPERTY IS LOCATED ALONG GARNET STREET, UM, SOUTH OF WEST ANSLEY BOULEVARD, LOCATED WITHIN THE HARLAND DALE MCCOLLUM NEIGHBORHOOD ASSOCIATION. UH, THE REQUEST IS TO ALLOW SHEET ROLLER CORRUGATED METAL FENCING. UM, LET'S SEE. OH, SORRY. I FEEL A LITTLE DIZZY. SORRY, LIKE REALLY QUICK. NO, YOU'RE GOOD. YEAH. SO THE SUBJECT PROPERTY IS LOCATED ALONG GARNET STREET, SOUTH OF WEST AINSLEY BOULEVARD, LOCATED AT HARLANDALE. I'M CALL NEIGHBORHOOD ASSOCIATION. THE REQUEST IS TO ALLOW SHEET ROLL OR CORRUGATED METAL FENCING, A 10 FOOT TALL FENCE AND RAZOR WIRE WITHIN THE SETBACK FOR AN EXISTING CITY PUBLIC SERVICE ENERGY SUBSTATION ON THE LOT TO PROVIDE ADDITIONAL SECURITY AND SCREENING AND PROTECTING CRITICAL ELECTRICAL INFRASTRUCTURE. CPS AND OTHER CITY AGENCIES ARE EXCLUDED FROM ARTICLE THREE ZONING AND THE REQUIREMENT FROM THE BARBED WIRE ADMINISTRATIVE VARIANCE. HOWEVER, THEY'RE STILL REQUIRED TO FOLLOW ARTICLE FIVE DEVELOPMENT SERVICES, DEVELOPMENT STANDARDS, AND THE UNIFIED DEVELOPMENT CODE. THE PROPERTY IS CONSIDERED A GOVERNMENT FACILITY, WHICH PERMITS AN EIGHT FOOT PERIMETER FENCE. LAST SENTENCE, HERE'S THE SITE PLAN HERE FOR THE SUBJECT PROPERTY. SURE. THIS IS THE SUBJECT PROPERTY AT 88 22 GARNET AVENUE. THIS IS THE SURROUNDING [02:00:01] AREA STAFF RECOMMENDATION, UH, FOR FENCE MATERIAL AND FRONT, REAR, AND SIDE SETBACK. FOR THE RAZOR WIRE VARIANCES. STAFF RECOMMENDS APPROVAL FOR BO OA 24 DASH 1 0 3 0 0 1 92. BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, ADDITIONAL SECURITY AND SCREENING IS REQUIRED IN PROTECTING CRITICAL ELECTRICAL INFRASTRUCTURE. AND TWO, THE VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF RECOMMENDATION FOR THE FENCE HEIGHTS SPECIAL EXCEPTION STAFF RECOMMENDS APPROVAL IN BO OA DASH 24 DASH 1 0 3 0 0 1 92. BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, ADDITIONAL SECURITY AND SCREENING IS REQUIRED IN PROTECTING CRITICAL ELECTRICAL INFRASTRUCTURE. AND TWO, THE VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. AND HERE'S THE NOTIFICATION AREA PLAN. WE MAILED OUT 26 NOTICES. ZERO RETURNED IN FAVOR, ZERO IN OPPOSITION. WE RECEIVED NO RESPONSE FROM THE HARLAND DALE MCCOLLUM NEIGHBORHOOD ASSOCIATION, AND THIS CONCLUDES STAFF'S PRESENTATION QUESTION FOR CITY STAFF. SO, SO THIS IS NOT THE FIRST CASE WE'VE SEEN, UH, UM, LIKE US FOR AROUND, UH, CPS UTILITY COMPONENTS. AND SO, UM, MY ASSUMPTION IS THAT WE WILL CONTINUE TO SEE THESE, YOU KNOW, AS, AS IT IS THAT WE LOOK TO FORTIFY, I GUESS, AND PROTECT OUR, OUR INFRASTRUCTURE. AND SO IT, SO CAN THIS BE BROUGHT UP, I GUESS, UH, WITH REGARDS TO, UM, A-A-U-D-C ADJUSTMENT SO THAT, SO THAT, YOU KNOW, THE CITY JUST HAS THAT ABILITY, SO WE AREN'T GOING THROUGH THESE PROCESSES? YEAH, I BELIEVE WE'RE ALREADY IN THAT PROCESS WHERE WE SUGGESTED FOR THE NEXT UDC AMENDMENT, POSSIBLY SOONER. UM, OBVIOUSLY THE A V LIKE BARBED WIRE, A VR IS NOT REQUIRED. THE DIRECTOR ALREADY GAVE CPS AN EXEMPTION WHERE THEY DON'T HAVE TO PROVIDE AN ADMINISTRATIVE VARIANCE BECAUSE HE'S THE ONE THAT SIGNS OFF ON THAT. HE CANNOT GRANT THAT SORT OF, UM, APPROVAL BECAUSE THIS SPECIFICALLY IS AN ARTICLE FIVE, WHICH, UH, THE BOARD OF ADJUSTMENT HAS TO APPROVE. BUT THIS, UM, AND THE REASON WHY IT'S LIKE WITH THE RAZOR WIRE, RAZOR WIRE JUST HAS TO COME BEFORE US. IT'S THE SETBACKS FOR THE RAZOR WIRE. SO THE RAZOR WIRE DOES NOT HAVE TO COME BEFORE YOU. OKAY. BUT THE SETBACKS HAVE TO COME BEFORE YOU. I, I HEARD BARBED WIRE. I, I, AND I HEAR RAZOR WIRE. I DIDN'T KNOW IF ONE WAS MORE CRITICAL THAN THE OTHER. IT'S ALL IN THE SAME, UM, SESSION OF CODE. OKAY. AND, AND SO, SO, AND JUST TO CLARIFY, SO SO, SO POTENTIALLY THIS COULD BE REMEDIED, UH, WITHIN ALL OF THIS COULD BE REMEDIED WITHIN, UH, UDC REWRITE? YES, CORRECT. IT HAS, IT HAS TO BE A UDC AMENDMENT. YES. OKAY. THANK YOU. AND, AND THEN, UH, ALSO I NOTICED THAT ON THIS SIDE OF THE BLOCK, THERE'S NO ESTABLISHED SIDEWALKS. UH, MY ONLY CONCERN WITH PUTTING RAZOR WIRE AGAINST THE PROPERTY LINE WOULD BE IF THERE WAS, YOU KNOW, A PEDESTRIAN SIDEWALK OR SOMETHING. UH, BUT, UM, IS, IS, BUT THERE ARE SIDEWALKS ON THE OTHER SIDE OF THE STREET. IS IT TYPICAL FOR THE CITY TO, UH, MAYBE I'LL ASK Y ALL ON THE BACK. UH, IS IT TYPICAL FOR THE CITY TO NOT ESTABLISH A PEDESTRIAN PATHWAY WHEN THERE IS A SUBSTATION? JUST TO MAKE SURE NO ONE'S WALKING AROUND THERE? UH, THINK THERE'LL BE A TRAFFIC. I'M NOT SURE. UM, I'M GONNA SEE IF I CAN GET YOU AN ANSWER FOR THAT. OKAY. I'M JUST CURIOUS. UM, LET'S HEAR FROM THE APPLICANT, WHOEVER WOULD LIKE TO COME UP AND TALK AND STATE YOUR NAME AND TELL US ABOUT THE PROJECT. HI, MY NAME IS CARLOS ALAWA WITH ALAMO CONSULTING SERVICES. AND YES, UM, WE'RE IN THE PROCESS OF PUTTING SOME PLANS TOGETHER. UM, THIS IS, UM, SECOND TIME THAT WE HAVE TO PRESENT SOMETHING SIMILAR BECAUSE OF, UH, I GUESS SOME LACK OF COORDINATION WITH THE CITY TO, UH, RESOLVE THIS IN A MORE PER PERMANENT MANNER. BUT WE UNDERSTAND THE, THE PROCESSES. BUT, UM, MY, UH, MY CLIENT, UH, IS PROPOSING, UH, HAS BEEN RETAINED BY CPS TO MAKE SOME, UH, FENCE REPLACEMENTS, UH, IN SEVERAL SUBSTATIONS IN THE CITY. AND OF COURSE, WE ARE HERE TO, UH, ANSWER ANY QUESTIONS PERTAINING THIS PROJECT. AND, UM, IT IS, UH, JUST A MINOR INCREASE FROM EIGHT FEET TO 10 FEET AND JUST TO, UH, ADD SOME, UH, SCREENING TO DETER, UM, PEOPLE FROM TRYING TO ENTER THE PREMISES AND STEAL SOME OF THE, UM, UH, EQUIPMENT THAT COULD BE REALLY DANGEROUS FOR THEM. SO. OKAY. BUT YOU'RE IN, IS C IS CPS THEN GOING FROM, UH, CHAIN LINK, UH, OR O OTHER FENCING TO, TO DESIRING CORRUGATED METAL? IS THAT WE CAN HAVE THAT, YES. ALRIGHT. BRENT PAUL, I'M A MANAGER IN SECURITY FOR CPS ENERGY. AND TO ANSWER THAT QUESTION, WE ARE IDENTIFYING SUBSTATIONS THAT NEED UPGRADED [02:05:01] FENCING. SO THIS WOULD BE ONE OF THOSE SUBSTATIONS. BUT THE, BUT GOING FROM CHAINLINK TO CORRUGATED METAL THAT IS, IS ONE OF, THAT IS A CORRECT. OKAY. SO BE, UH, THE PRODUCT, COME ON UP AND STATE YOUR NAME AND TELL US YOUR THOUGHTS. UH, SORRY ABOUT THAT. WAYLAND PIPE WITH FRANCHISE MAINTENANCE ORGANIZATION, I'M THE GENERAL CONTRACTOR ON BEHALF OF CPS ENERGY. UH, THE FENCING THAT WE'RE INSTALLING IS A NO CLIMB FENCE. SO IT'S, IT'S TALLER, IT'S 10 FEET TALL, UH, AND THEN IT HAS THE RAZOR RIBBON AT THE TOP AND IT'S A NO CLIMB FENCE, SO YOU CAN'T GET YOUR HANDS IN THERE, YOU CAN'T GET PLIERS IN THERE. AND THEN ON THE BACKSIDE OF THAT, NO CLIMB FENCE, WHICH IS, IT'S, IT OPERATES VISUALLY LIKE A CHAIN LINK WHERE YOU CAN SEE THROUGH IT. IT'S MUCH MORE OF A DETERRENT TO INSTALL THE CORRUGATED PANELS ON THE INSIDE, AND THAT MAKES THE SITE MORE SECURE THAN JUST THE NO CLIMB. SO YOU CAN SEE THROUGH, UH, THERE, THERE ARE TWO ASPECTS TO THE FENCE. SO IT'S, THERE'S A CLEAR VIEW PANEL, AND THEN ON THE BACKSIDE OF THE PANEL, WE PUT A CORRUGATED PIECE OF METAL BOLTED THROUGH IT SO THAT YOU CANNOT LOOK THROUGH. OKAY. YEAH, YEAH, THAT'S WHAT I WAS CURIOUS ABOUT. BASICALLY IT SHUTTERS THE OUTSIDE FROM LOOKING INTO THE SUBSTATION. OKAY. COMMISSIONER MANNA. SO QUESTION, QUESTION FOR CITY. UM, SO, SO WE'RE TALKING ABOUT 10 FOOT FENCE, WHICH IS THE MAXIMUM HEIGHT I THINK THAT WE'RE ALLOWED TO TALK ABOUT. UM, AND SO, BUT ON TOP OF THIS IS THE RAZOR WIRE, UM, COMPONENT. AND SO, SO THE FENCE ITSELF ALLOWS, I GUESS THE CITY CODE ALLOW FOR THAT ADDITIONAL SPACE OF THE RAZOR WIRE COMPONENT ABOVE THE 10 FOOT THAT WE'RE APPROVING. WE INCLUDED IT, I BELIEVE, IN THE OVERALL 'CAUSE. ARE YOU SAYING THAT IT'S ABOVE 10 FEET WITH THE RAZOR WIRE? THE, THE FENCE FABRIC ITSELF IS 10 FEET. YOU SPEAKING TO THE MIC? YEAH, THE FENCE FABRIC ITSELF GOES UP TO 10 FEET. THE POST EXTEND TO 11 FEET ONE INCH WHERE THE, UH, WHERE THE RAZOR RIBBON IS ATTACHED TO IT, MUCH LIKE A, UM, A STANDARD CHAIN LINK FENCE WOULD HAVE THAT TOPPER. SO THAT'D BE A, UH, SEVEN FOOT FENCE WITH, UH, WITH AN ADDITIONAL ONE FOOT. IT WAS, IT WAS ALWAYS THE IMPRESSION THAT ANY BARBER RAZOR WIRE WAS INCLUDED IN THE FENCE SITE, CORRECT. RIGHT. DOES THIS NEED TO BE READVERTISED? I, I DON'T BELIEVE SO. I, BECAUSE HE'S ASKING, THEY'RE ASKING FOR A MAXIMUM. NO, THE, THE ONE YOU'RE LOOKING AT IN THE PICTURE IS NOT THE ONE THEY'RE GOING TO HAVE. THAT WAS WHAT I WAS TRYING TO GET THEM TO PULL UP FOR YOU WAS, UH, AN EXAMPLE OF WHAT THE FENCE LOOKED LIKE. BUT YEAH, ITEM NUMBER TWO, THE REQUEST SAYS A TWO FOOT EXCEPTION TO ALLOW A 10 FOOT HIGH FENCE, BUT WE JUST HEARD TESTIMONY THE FENCE IS 10, AND THEN ON TOP OF THAT, THERE'S GONNA BE THE RAZOR WIRE. THE RAZOR WIRE DOES NOT, UM, COUNT AGAINST THE FENCE HEIGHT AS LONG AS IT'S NOT OVER A FOOT OF HEIGHT. UH, THAT'S, THAT'S WHAT I WAS GETTING AT. I WANTED TO MAKE SURE. RIGHT, THAT'S WHAT THAT, THAT THAT'S WHY I ASKED THE QUESTION. SO IT'S, SO WHAT I'M HEARING IS RAZOR WIRE IS NOT PART OF THE MEASURED HEIGHT. UM, AND BEING THAT WE'RE PROOFING 10, WE'RE ACTUALLY GIVING 'EM 11 BECAUSE THAT, UH, THE RAISED WIRE IS NOT INCLUDED IN THAT. CORRECT. BUT IT CAN'T BE OVER 11 BUT IT CORRECT. THEY CAN'T PUT THE FENCE. SO THEY GET 12, THEY GET 12 INCHES OR THEY GET 18 INCHES. 'CAUSE I, I SEEN RECALL PRIOR DIALOGUE WERE 18 INCHES. SO JUST TRYING TO FIGURE OUT YEAH, THE FENCE CAN'T BE OVER. UM, 10 FOOT IF APPROVED OUTTA A BOARD OF ADJUSTMENT AND THEN WHATEVER THE BARBED WIRE IS ABLE, WHATEVER THEY'RE ABLE TO GET WITH THE BARBED WIRE SLASH RAZOR WIRE, THEY CAN STILL GET THAT ON TOP OF THAT. OKAY. SO THERE'S NO ISSUE WITH LIKE IF THE RAZOR WIRE WAS 18 INCHES TALL OR 14 INCHES TALL, THAT THIS, IT, IT, UM, THERE'S A LIMIT THAT THEY COULD HAVE FOR THE RAZOR WIRE. I I THOUGHT IT WAS 12 INCHES, BUT IT MAY BE 18. I GOTTA LOOK THAT UP. OKAY. I JUST WANTED TO MAKE SURE. 'CAUSE WE, WE HAVE THE LIMIT OF WHAT WE CAN APPROVE. YEAH, HE HAS A, HE HAS A PICTURE MAYBE HE COULD PUT UP THERE FOR YOU. AND I DID SPEAK TO TRAFFIC ABOUT THE QUESTION. THERE IS NO OFFICIAL POSITION OF THE CITY TO PUT OR NOT PUT SIDEWALKS IF THERE'S ALREADY AN EXISTING, UH, UTILITY STATION. OKAY. MANNA. SO, SO, UM, WITH REGARDS TO THE PRIOR, YEAH, SO THE PRIOR FENCING, WAS IT, WAS IT EXACTLY THE SAME, SAME HEIGHT AND AND DIALOGUE FROM THE PREVIOUS ONE? SO I JUST WANT TO CLARIFY. SO WE'RE DOING THE SAME THING. THIS IS THE SECURITY STANDARD THAT, THAT CPS HAS FOR THEIR CRITICAL INFRASTRUCTURE. THIS THE 10 FOOT, UH, CLEAR VIEW FENCE WITH THE SHUTTER PANELS AND THE, UH, RAISE RIBBON. I BELIEVE IN THE LAST CASE, THE, THE SHUTTER PANELS WERE NOT APPROVED, UH, DUE TO THE NEIGHBORHOOD CONCERNS. DOES, DOES THIS RAISE ANY CLEAR VISION ISSUES THAT WE NEED TO ADDRESS AS WELL? OR, OR ARE THEY IT'S NOT RESIDENTIAL, SO, NO. AND UM, THE BARBED WIRE, I JUST LOOKED IT UP. IT IS 18 INCHES THAT THEY CAN HAVE. OH, OKAY. SO IS IS, THERE IS NO ANY CLEAR VISION BY PUTTING A FENCE LIKE THIS ON THE PROPERTY LINE? NO, IT'S NOT RESIDENTIAL. UM, OKAY. JUST CHECKING DEVELOPMENT. WELL, GREAT. ANY OTHER QUESTIONS? HEARING NONE, LET'S HAVE, LOOKING FOR A MOTION. I [02:10:04] OKAY, MANANA REGARDING CASE NUMBER BO 8 2 4 1 0 3 0 0 1 9 2. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE, A FENCE MATERIAL VARIANCE TO ALLOW SHEET ROLL OR CORRUGATED MIDDLE FENCING. TWO A 19 FOOT, 11 INCH VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW A ONE INCH REAR SETBACK OF RAZOR WIRE FENCE THREE A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A ONE INCH SIDE SETBACK FOR A RAZOR WIRE FENCE AND FOR A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A ONE INCH FRONT SETBACK FOR A RAZOR WIRE FENCE SITUATED AT 8 8 2 2 GARNET AVENUE. APPLICANT BEING A ANIMAL CONSULTING SERVICES, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOWED THE PHYSICAL CHARACTERS PROPERTY SUCH A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS SUBMITTED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. DEFENSE MATERIAL AND FRONT, REAR, AND SIDE SETBACK VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST AS A PUBLIC, AS A PURPOSE WILL BE TO PROVIDE ADDITIONAL SECURITY TO CRITICAL ELECTRIC ELECTRICAL INFRASTRUCTURE. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE DEFENSE MATERIAL AND FRONT, REAR, AND SIDE SETBACK ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD BE UNABLE TO PROVIDE ADEQUATE SAFETY AND SCREENING FOR CRITICAL ELECTRICAL INFRASTRUCTURE LOCATED ON THE LOT. THREE, BY GRANTING THE VARIANCE OF SPARE, THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED FENCE MATERIAL AND FRONT, REAR, AND SIDE SETBACK VARIANCES APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE AS THE PROPOSED FENCE WILL NOT ADVERSELY IMPACT THE SURROUNDING AREA AND WILL BE PROVIDING ADDITIONAL NEEDED SECURITY TO THE CRITICAL INFRASTRUCTURE LOCATED ON THE LOT FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USED IS SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN 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 ADJACENTS FORM PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT, WHICH IS PROPERTY IS LOCATED. STAFF FINDS THAT THE FENCE, MATERIAL AND FRONT REAR SIDE SETBACK VARIANCES WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES AS ADEQUATE AS ADEQUATELY SCREENING AND SECURING THE LOT WILL ALSO PROVIDE SECURITY FOR THE SURROUNDING AREA. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN DISTRICT, WHICH IS PROPERTIES LOCATED STAFF FINDS UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY IS THE NEED FOR ADDITIONAL SECURITY AND SCREENING FOR CRITICAL ELECTRIC INFRASTRUCTURE AND DEMO MOTION. SECOND. SECOND BY COMMISSIONER, COMMISSIONER MANOCK. YEAH, I I PREFACE A LOT OF THE DIALOGUE HERE JUST, YOU KNOW, WITH REGARDS TO, UH, UDC, UH, PROPOSED CHANGES HERE SO THAT, 'CAUSE I, I AGREE THAT, YOU KNOW, THE, THE INFRASTRUCTURE NEEDS TO BE PROTECTED AND, AND REALLY IT JUST SHOULD JUST HAPPEN AS A, AS YOU KNOW, AS WE KIND OF DEAL, DEAL WITH THESE THINGS. SO I'LL BE, UH, PROVING THE MOTION IS READ. COMMISSIONER ZUNA? YEAH, I'LL BE SUPPORTING STAFF'S RECOMMENDATION FOR APPROVAL ON BOTH, UH, ALL OF THE ITEMS HERE AND I CONCUR THAT IT SHOULD BE PART OF THE UDC AMENDMENT. OKAY, ANYONE ELSE LIKE TO ADD HEARING UNANIM AS A ROLL CALL VOTE PLEASE. COMMISSIONER, I CON I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER, COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER IBANEZ? YES, I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ. I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER EZ? YES, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. I'M LOOKING FOR A MOTION ON THE SPECIAL EXCEPT EXCEPTION. YOU'LL TAKE THE SPECIAL EXCEPTION. COMMISSIONER ZUNA SPLIT IT. OKAY. REGARDING CASE NUMBER OH 8 24 DASH 0 3 0 1 92, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE, UH, FOR A TWO FOOT SPECIAL EXCEPTION FOR THE MAXIMUM EIGHT FOOT FENCE HEIGHT TO ALLOW A 10 FOOT FENCE HEIGHT SITUATED AT 8 8 2 2 GARNET AVENUE APPLICANT BEING ALAMO CONSULTING SERVICES. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY AS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISION OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE THAT AID THE SPECIAL EXCEPTION, UH, WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE STAFF FINDS THE REQUEST WOULD BE IN HARMONY WITH THE SPIRIT OF THE PURPOSE OF THE ORDINANCE AS REQUEST IS FOR PROVIDING ADDITIONAL SECURITY AND SCREENING FOR CRITICAL ELECTRICAL INFRASTRUCTURE. B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIAL SERVE. THE PROPOSED PRIVACY FENCE DOES NOT APPEAR TO SERVE THE PUBLIC WELFARE. DOES, DOES APPEAR TO SERVE THE PUBLIC WELFARE AND CONVENIENCE AS THE ADDITIONAL SECURITY AND SCREENING PROVIDED WILL ADD THE SECURITY OF THE AREA AND TO THE CRITICAL ENERGY INFRASTRUCTURE. SUBSTATION C THE NEIGHBORING PROPERTY WILL NOT [02:15:01] BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE FENCE HEIGHT VARIANCE DOES NOT APPEAR TO CREATE ADDITIONAL ENHANCED SECURITY, UH, DOES APPEAR TO CREATE ADDITIONAL ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT AND ADJACENT PROPERTIES. IT WILL NOT SUBSTANTIALLY INJURED SET PROPERTIES. D THE SPECIAL EXCEPTION WILL IT ALTER THE ESSENTIAL CHARACT OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE ADDITIONAL FENCE HEIGHT WILL NOT ALTER THE LOCATION FOR WHICH A SPECIAL EXCEPTION TO SAW AS THE LOT IS ALREADY MAINTAINING ELECTRICAL INFRASTRUCTURE WELL BEYOND THE HEIGHT OF THE FENCE. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GO. THE GENERAL WELFARE WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE AND ESTABLISH FOR THE SPECIFIC DISTRICT. THE REQUEST OF SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT AS IT WILL PROVIDE ADDITIONAL SAFETY AND SECURITY FOR THE CRITICAL ELECTRIC INFRASTRUCTURE AS WELL AS THE AREA IN WHICH IT IS LOCATED. AND MOTION. SECOND. SECOND BY COMMISSIONER MANON. COMMISSIONER ISN IT. SO AGAIN, I'M SUPPORTING THIS, UH, AMENDMENT, UH, WHICH IS, UH, GETS THEM TO THE 10 FEET THAT THEY NEED FOR THE PROTECTION. COMMISSIONER MANNA, I AGREE WITH MY COLLEAGUE AND AGREE PER THE PRIOR COMMENTS, EVERYTHING'S THE SAME. ANYONE ELSE LIKE TO, UH, ADD TO THE CONVERSATION HEARING NONETHELESS HAVE ROCO VOTE PLEASE. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACTS. COMMISSIONER BENAVIDEZ? I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER BONNI? YES, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS IF YOU HAPPEN TO HAVE ANY QUESTIONS AND GET WITH STAFF. THANK Y'ALL. THANK Y'ALL. THANK YOU. APPRECIATE YOUR TIME. YEP. UH, DO Y'ALL NEED A BREAK OR KEEP GOING? I'M ON. ALL RIGHT. ITEM 13. WE GOT SOME HOUSEKEEPING TO DO ON, ON SOME PREVIOUS ITEMS, BUT THEY'LL GO QUICK. AGENDA ITEM 13 IS BO 8 2 4 1 0 3 0 0 2 0 8. ADDRESS IS 1 24 EAST OF IOWA STREET COUNCIL DISTRICT FIVE APPLICANT IS JOSE . A REQUEST FOR A HALF STORY VARIANCE FROM THE MAXIMUM TWO AND A HALF STORIES TO ALLOW DEVELOPMENT FOR A THREE STORY STRUCTURE. ZONING IS IDZ ONE. SUBJECT PROPERTY IS LOCATED ON EAST OF OLIVE STREET, NEAR INTERSECTION OF SOUTH FLORIDA STREET. THE APPLICANT IS REQUESTING A HALF STORY VARIANCE TO CONSTRUCT A THREE STORY RESIDENTIAL SINGLE FAMILY DWELLING. THE PROPERTY IS ZONED IDZ ONE, WHICH LIMITS THE BUILDING HEIGHT TO TWO AND A HALF STORIES AND 35 FEET. THE APPLICANT HAS APPLIED FOR DEMOLITION PERMIT FOR THE EXISTING STRUCTURE. HOWEVER, THE PERMIT IS PENDING ISSUANCE. HERE'S YOUR SITE PLAN AND HERE'S AN ELEVATION DRAWING OF WHAT THE, WHAT IT'LL LOOK LIKE. THREE STORIES. WHAT AND THE SUBJECT PROPERTY AND THE SUBJECT PROPERTY AND JUST THE SUBJECT PROPERTY IN THE SURROUNDING AREA AND THE SURROUNDING AREA AND SURROUNDING AREA. STAFF RECOMMENDATION AND HAVE STORY VARIANCE STAFF RECOMMENDS APPROVAL AND BO 8 24 1 0 3 0 0 2 0 8 BASED ON THE FOLLOWING FINDINGS, THE USAGE OF A HAS STORY VARIANCE TO ALLOW A THREE STORY STRUCTURE DOES NOT APPEAR TO IMPOSE ON THE PUBLIC INTEREST OF THE ADJACENT NEIGHBORS AS A STRUCTURE WILL FOLLOW ALL OTHER HEIGHT AND SETBACK REQUIREMENTS AND THE REQUEST WILL NOT ALTER THE ESSENTIAL CHARACTER TO THE DISTRICT NOTIFICATION PLAN. STAFF NOTE THAT 28 NOTICES ONE ZERO, UH, ONE RECEIVED IN, UH, FAVORS, ZERO IN OPPOSITION, WILL NOT CITE 200 FEET. AND THE LONE STAR NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. AND HERE'S THE RESPONSES FROM THE OUTSIDE 200 FEET AND THIS IS THE RESPONSE FROM INSIGHTS ON HER FEET. GO BACK TO THE NOTIFICATION PLAN. SO THAT SHOULD HAVE BEEN ONE IN OPPOSITION, UH, OUTSIDE 200 FEET, JUST TO BE CLEAR. SO JUST SO YOU KNOW, AND THAT CONCLUDES STAFF'S PRESENTATION. APPLICANT IS AVAILABLE. ALL RIGHT. HAVE THE APPLICANT COME FORWARD? HELLO, MY NAME'S, UH, JOSE . UM, I'M HERE REPRESENTING, UH, MY CLIENT. I'M ACTUALLY THE BUILD OR WILL BE THE BUILDER FOR, [02:20:01] UH, THE PROPOSED STRUCTURE. UM, YEAH, THERE, SO RIGHT NOW IT'S, UH, CURRENTLY ZONED, UH, IDZ ONE, UH, AS WAS STATED. UM, WHICH WOULD ALLOW FOR TWO AND A HALF STORIES. UM, THE PLANS THAT, UH, MY CLIENT IS, UH, CURRENTLY, UH, KIND OF HAS, UH, GOES OVER BY, UM, A LITTLE BIT. I THINK INSTEAD OF IT BEING WITHIN THE 50%, I THINK IT GOES INTO LIKE MAYBE 68% OF THE SECOND FLOOR IS THE WHAT ENDS UP BEING THE, UH, SIZE OF THE THIRD FLOOR. UM, AND SO, UH, WE HAD PREVIOUSLY REZONED IT. UM, WE HAD SUBMITTED THE INITIAL LAYOUTS, UH, WHEN WE DID THE REZONING, BUT, UM, I GUESS IT SLIPPED MY MIND COMPLETELY TO , UH, THAT IDZ ONE ONLY ALLOWS FOR THE TWO AND A HALF STORY. SO I GUESS THEORETICALLY WE SHOULD HAVE ASKED FOR IDZ TWO. SO, UM, THAT'S KINDA MY FAULT THERE. BUT, UM, SO THAT'S THE REASON WE'RE REQUESTING THE, UH, THE VARIANCE. IT, UH, THIS PROPERTY IS COMPLETELY SURROUNDED BY COMMERCIAL, UH, CURRENTLY, UM, AS YOU SAW, UH, ONE OF 'EM EVEN BEING A, UH, I THINK IT'S A THREE OR FOUR STORY, UH, APARTMENT COMPLEX, UM, THAT HAS BALCONIES AND STUFF ON IT AS WELL. SO ARE YOU USING THIS, UH, FOR JUST ONE DWELLING UNIT OR THIS IS ONE DWELLING UNIT? UH, THE PROPERTY'S BEEN IN MY, UH, CLIENT'S FAMILY FOR, I CAN'T REMEMBER WHAT SHE TOLD ME. I MEAN, IT'S BEEN MANY, MANY, MANY DECADES, UM, THAT THEY'VE HAD IT. UH, IT USED TO BELONG TO HER, UH, TO HER GRANDPARENTS, I BELIEVE, AND THEN HER PARENTS, AND NOW THEY, THEY OWN IT. AND UM, SO THEY'RE TRYING TO BUILD SOMETHING WHERE, UM, ACTUALLY, UH, UH, HER, UH, HER HUSBAND AND I BELIEVE THEIR CHILDREN AS WELL ARE, WOULD BE MOVING IN THERE. COMMISSIONER MANU, THIS MAY BE A QUESTION FOR CITY STAFF. SO JUST, UM, THE APPLICANT HERE TALKED ABOUT, UM, PUTTING A REQUEST FOR AN IDZ ONE VERSUS IDZ TWO. AND SO, UM, I GUESS DO WE HAVE A LOT OF IDZ TWO IN, IN AROUND THE COMMUNITY? SO OF SAN ANTONIO AND I DON'T SEE, YOU KNOW, IN THIS, I GUESS I SEE IDZ ONES HERE IN THIS BLOCK HERE, BUT I MEAN, DO WE HAVE A LOT OF ID Z TWOS? WE DO HAVE A LOT, LOT OF IDZ TWOS, BUT ONE OF THE THINGS THAT HAPPENS WITH IDZ TWO IS THAT WHEN NEIGHBORHOODS ARE INVOLVED AND THEY'RE WORKING WITH DEVELOPERS, THEY DO STILL STAY WITHIN THEIR SITE PLAN THAT THEY CAN ONLY BE A CERTAIN HEIGHT. UM, SO, UH, ALTHOUGH IDZ TWO ALLOWS FOUR STORIES UP TO FOUR STORIES, THAT MAY NOT ALWAYS BE THE CASE. YEP. AND, AND THE ID ZS THEY'RE NOT IDZ ONE OR TWO, THEY'RE PRE 2018 ID DISEASES THAT IT'S, RIGHT. YEAH. YEAH. AND THAT, THAT WAS GONNA BE THE NEXT QUESTION. IS IT JUST PRE ARE WHAT ARE THE HEIGHTS FOR THOSE THAT ARE CORRECT? THERE WAS NOT A HEIGHT LIMITATION SO, SO UNLIMITED ESSENTIALLY, RIGHT? CORRECT. WHICH IS ALWAYS SCARY. OKAY. YEAH. AND IN THIS CASE, I MEAN, THEY'RE TRYING TO, AGAIN, IT'S FOR THEIR OWN FAMILY, YOU KNOW. UM, BUT SO THEY'RE JUST TRYING TO BUILD ENOUGH ROOM FOR THEIR KIDS AS WELL. SO THE, THE THIRD FLOOR ACTUALLY HAS A, A, A BEDROOM FOR ONE OF THEIR CHILDREN UP THERE WITH A BATHROOM. UM, SO AS YOU KNOW, I MEAN THE LOTS ARE KIND OF SMALL, SO THEY'RE TRYING TO BUILD UP. UM, BUT SO IT CURRENTLY DOES ALLOW FOR THE TWO AND A HALF. SO THEY'RE, THEY'RE, AGAIN, THEY'RE JUST TRYING TO ADD JUST A LITTLE BIT MORE, JUST KIND OF DOESN'T FIT IN THE CURRENT CONFIGURATION. WELL, WELL, AND DON'T DISAGREE WITH, I'M JUST TRYING TO HAVE THE CONVERSATION WITH REGARDS TO THE WHOLE DIALOGUE ABOUT IDZ AND, AND FOR ALL OF US THAT KIND OF UNDERSTANDING OF WHERE SOME OF US ARE HEADING. SO, UM, BUT OKAY, WHAT IS, UM, WHEN IS THE SQUARE FOOTAGE THAT YOU'RE TEMPING? HOW MANY BEDROOMS? SO IT'S, UH, CURRENTLY A FOUR, A FOUR BEDROOM, UM, THREE, FOUR BEDROOM, FOUR BATH, I BELIEVE. SO IT'S A BEDROOM ON THE FIRST FLOOR, TWO BEDROOMS ON THE SECOND FLOOR, AND THEN THE FOURTH BEDROOM ON THE THIRD FLOOR AND ONE OFF STREET PARKING SPACE. I KNOW YOU DON'T HAVE TO HAVE ANY, BUT, UH, SO THE, THEIR, I MEAN THEIR, I TALKED TO STAFF ABOUT IT. UH, SO THEIR PLAN IS KIND OF BASICALLY TO HAVE, AND, AND WE TALKED, UH, WE BROUGHT THIS UP DURING THE, UH, REZONING AS WELL. UM, BUT THEIR, THEIR PLAN IS, UH, SO THEY OFFSET WITH THE REZONING, WE, UH, AND THAT SITE PLAN, WE OFFSET THE, UH, PROPERTY, THE, YOU KNOW, 20 FOOT FROM THE CURB SO THAT THEY ARE ABLE TO PARK VEHICLES. UM, ONE IS YOUR SITE PLAN HAS A 12 FOOT WIDE DRIVEWAY. UH, YES, CORRECT. UH, SO THAT WOULD BE FOR ONE VEHICLE, OBVIOUSLY. UM, AND THEN, UM, THEIR PLAN IS TO, UH, IF, IF ALLOWED, YOU KNOW, THAT WOULD BE TO, UM, HAVE, UM, LIKE PERMEABLE, UM, LIKE GRAVEL, UH, YOU KNOW, THEY, THEY HAVE THESE, THERE'S THESE GRIDS THAT ALLOW FOR LIKE GRAVEL AND UH, TO BE ABLE TO PARK A SECOND VEHICLE ON [02:25:01] THE, THEY, THEY HAVE THREE VEHICLES CURRENTLY. UM, SO IT'D BE BASICALLY THEY WANNA PARK, BE ABLE TO PARK TWO ON PROPERTY AND THEN ONE ON THE STREET. YEAH, BECAUSE YOU ONE, IT'S THE IDC ONE, YOU DON'T HAVE A PARKING REQUIREMENT, CORRECT? I YOU'RE SUPPOSED TO DO 50%. YES. AND SO MY CONCERN IS BY INCREASING IT TO A FULL THIRD LEVEL, ARE YOU PROVIDING MORE POTENTIAL TO HAVE MORE CARS AND IS IT REALLY IN LINE WITH WHAT THE, THE WHAT IDZ ONE IS ASKING FOR? BUT IF YOU THINK, WELL, YEAH, I MEAN EVEN WITHOUT THEM BEING REQUIRED, THEY STILL WANTED TO BE ABLE TO PARK TWO VEHICLES ON THE PROPERTY TO, TO AVOID, YOU KNOW, ANY, LIKE ON STREETE PARKING, THEY, THEY THEMSELVES DON'T WANT ON STREET PARKING 'CAUSE FOR SAFETY OF THE VEHICLES THEMSELVES, YOU KNOW, BREAK-INS AND STUFF LIKE THAT, SO. RIGHT. ALRIGHT, ANY OTHER QUESTIONS? BRAGMAN, MR. BRAGMAN? SO THIS IS FOR STAFF OR, UH, CHAIRMAN, IF YOU WANNA ANSWER THIS IS BECAUSE THE ZONING IS IDC ONE, THE REQUIREMENT OF, UM, BEING WITHIN 50 FEET OF A RESIDENTIAL LOT, UM, AND NOT BEING ABLE TO GO OVER THE, THE TWO AND A HALF DOES THAT NO LONGER IN PLAY. DOESN'T, DOESN'T COUNT. OKAY, THANKS. IS COMMISSIONER'S UNIT? YES. SO MY ONLY COMMENT WAS ON THE ONE OPPOSITION LETTER, THEIR OPPOSITION WAS BASED ON TAKING AN AFFORDABLE HOUSING, UM, STOCK O OUT OF THE, OUT OF THE MARKET. BUT I DON'T SEE THAT HERE BECAUSE THE APPLICANT OWNS THE PROPERTY, CORRECT? HIS FAMILIES OWN THE PROPERTY. YES, THEY INTEND TO RESIDE IN THE PROPERTY. SO I DON'T SEE IT AS THAT BEING A VIABLE, UM, ARGUMENT AGAINST THIS PROJECT. SO JUST WANNA BRING THAT. AND THIS, THIS PROJECT IS JUST LIKE ACROSS THE STREET FROM WHERE WE'RE AT NOW? YES, CORRECT. OPPOSITE. AND SO THERE'S A LOT OF STUFF GOING ON OVER THERE. THIS, YOU'RE NOT REALLY IN THIS, I KNOW THERE'S SOME SINGLE FAMILY HOMES, BUT IT'S NOT LIKE, ISN'T THERE, THERE'S LIKE A SHEET METAL PLACE ACROSS THE YEAH, DIRECTLY IN FRONT OF THEM IS A HUGE VACANT LOT. THEN THERE'S A BIG WAREHOUSE, THEN THERE'S THAT FOUR STORY APARTMENT COMPLEX ON THIS SIDE. THERE'S A, LIKE A WAREHOUSE LOOKING THING THAT'S I THINK A ARCHITECTS I BELIEVE ON, ON THIS SIDE. UM, SO THEY HAVE NO, UH, RESIDENTIAL IMMEDIATELY ON THE SIDES OR IN FRONT. YEAH. OKAY. UH, ANYONE ELSE? ANYONE ELSE? HEARING NONE? UH, IS THERE ANYONE SIGN TO SPEAK VOICEMAILS? THAT'S TWO VOICEMAILS. OH, IT'S BEEN A WHILE. ALL RIGHT, LET'S HEAR 'EM. SIMA COLVIN, 8 1 7 WEST MAGNOLIA AVENUE, 2 1 0 3 8 1 7 8 7 1. REGARDING AGENDA ITEM NUMBER 13 1 24 EAST VAL STREET. DEAR BOARD OF COMMISSIONERS, FIRST OF ALL, LET ME SAY HOW DISAPPOINTED I AM TO SEE ANOTHER AFFORDABLE HOME BEING DEMOLISHED IN ORDER TO REPLACE IT WITH A NEW SINGLE FAMILY HOME. THIS IS A ONE FOR ONE EXCHANGE AND DOES NOT HELP TO INCREASE HOUSING. AND THE NEW HOME WILL CERTAINLY BE LESS AFFORDABLE. ALTHOUGH I DO NOT LIVE WITHIN THE 200 FOOT NOTIFICATION AREA. I DO LIVE IN A NEAR DOWNTOWN NEIGHBORHOOD AND I'M FAMILIAR WITH THE WORK THAT WAS DONE BY MANY NEIGHBORHOOD LEADERS TO LIMIT SINGLE FAMILY RESIDENTIAL BUILDING HEIGHT TO TWO AND A HALF STORIES AND 35 FEET. WHEN THE IDZ ZONING DISTRICT WAS FIRST INTRODUCED, THERE WERE NOT MANY LIMITATIONS PLACED ON DEVELOPMENT WITHIN NEIGHBORHOODS BEGAN TO EXPERIENCE INFILL DEVELOPMENT THAT WASN'T IN THE LEAST BIT SENSITIVE OR SENSITIVE OR CONTEXTUAL. WE WORKED WITH THE CITY TO ADD SOME LIMITATIONS AND THE HEIGHT LIMIT WAS ONE REASONS ONE TO THREE LISTED UNDER CRITERIA FOR RE REVIEW. REVIEW COULD BE SET OF ANY RESIDENTIAL DEVELOPMENT. FROM THE DEVELOPER PERSPECTIVE, MORE IS ALWAYS BETTER. WHILE IT IS TRUE THAT THIS IS A SMALL LOT, THIS WOULD'VE BEEN A KNOWN FACT TO THE BUYER. THE CURRENT HOME WAS USED FOR SIX YEARS VERY SUCCESSFULLY AS AN AIRBNB THAT ADVERTISED SPACE FOR FOUR GUESTS. I'M NOT SURE WHY A HOME THAT CAN CLEARLY ACCOMMODATE A FAMILY OF FOUR NEEDS TO BE DEMOLISHED. AND I CERTAINLY DON'T AGREE THAT THE ONLY WAY TO BUILD A NEW HOME AND MAKE IT VIABLE IS TO ALLOW IT TO BE THREE STORIES. I RESPECTFULLY ASK THE COMMISSIONERS TO DENY THIS REQUEST. THANK YOU. HI, MY NAME IS STEVE VERTE GU OH FIVE BRUNO STREET. I'M CALLING IN REFERENCE TO THE REQUESTED VARIANCE AT 1 24 . AS SOMEONE WHO ALSO LIVES IN THE ORIGINAL 36 SQUARE MILES OF SAN ANTONIO AND THE PERSON WHO SUBMITTED THE UDC AMENDMENT FOR THE DEFINITION OF HALF STORY THAT WAS APPROVED IN 2022, I FEEL THAT THIS VARIANCE IS NOT JUSTIFIED. THE IMPLICATION THAT THE TWO AND A HALF STORY LIVING SPACE IS IN INADEQUATE IS IMPLAUSIBLE. THE IDZ ONE ZONING ALREADY GRANTS REDUCED SETBACKS AND THE SIZE OF THE BUILD AREA COULD BE UP TO 30 BY 65 FEET, WHICH IS NEAR 2000 SQUARE FEET PER FLOOR OF LIVING SPACE. FOR TWO AND A HALF STORIES, THIS WOULD BE 4,500 SQUARE FEET OR MORE FOR ONE DWELLING. I SEE NO HARDSHIP IN THIS. ANY [02:30:01] HARDSHIP WAS ELIMINATED BY THE IDZ ONE REZONING BUILDING THREE STORIES STRAIGHT UP ONLY FIVE FEET FROM A BUDDING SINGLE FAMILY PROPERTY IS NOT IN THE PUBLIC INTEREST. THE INTENT OF THE CODE WAS TO PREVENT ENCROACHING STRUCTURES SUCH AS THIS. THANK YOU. THAT'S ALL PUBLIC COMMENT. ALRIGHT, SO MANNA? YES, COMMISSIONER MANNA. SO, UM, SO ONE OF THE QUESTIONS I WAS ASKED IS YOU WERE TALKING ABOUT UH, JUST NEEDING YOUR LIKE 60% OUT WITH REGARDS TO THE REQUIREMENT, UH, FOR THE TWO AND A HALF. AND SO, SO CAN ANY KINDA DIALOGUE BE STATED WITH REGARDS, UM, A MAXIMUM, UM, I GUESS PERCENTAGE FOR THE, FOR THE SECOND STORY SO THAT WE COUNT FOR THAT 60% BUT WITHOUT GOING TO A FULL SOLID THREE STORY. SO IT CAN'T BE SOLID WALLS ON THE SIDE AND A SQUARE ROOF. SO, UM, CAN, CAN THAT SOME LONG THAT BE STATED? YEAH, SO HE'S ASKING FOR, UM, IT'S TWO AND A HALF FEET OR 35 FEET TALL. HE'S SOLELY ASKING FOR THE, TO GO FROM TWO AND A HALF TO A THIRD STORY. UH, IS THERE ANY WAY TO RESTRICT IT AS COMMISSIONER MAN HAD BROUGHT UP TO ANY SORT OF A SQUARE FOOTAGE? WELL, LIKE, OR SO LIKE GABLE WOULD BE AN EXAMPLE. SO IF A GABLE ROOF, UH, THAT WOULD IMPLY IT IS NOT THE FULL SOLID THREE STORY WOULD BE LESS, YOU KNOW, LESS, WHICH I THINK IS ONE OF THE THINGS THAT STARTS TO HAPPEN AS WE GO THROUGH THIS DIALOGUE. UH, UNFORTUNATELY THERE, THIS IS NOT THAT REQUEST. I MEAN THIS IS JUST, IT'S AN IDZ ONE ZONE. HE IS REQUESTING A A CERTAIN, UH, THREE STORIES TOTAL. UM, WELL THE, LET ME PUT SOMETHING OUT THERE. SO IN THE DEFINITION FOR THE STORY IS IT THERE MAKES REFERENCE TO A FLAT ROOF AND A PITCH ROOF. CAN WE SPECIFY PITCH ROOF AND OUR MOTION AND SOMEHOW MAKE THAT, I THINK JOSEPH MIGHT AGREE THAT THAT'S SETTING US CONDITIONED. SO, UH, THAT'S, THAT'S A LITTLE, I WOULD SAY PROBABLY NOT A LITTLE TOO MUCH. UM, WHAT ABOUT AS SUBMITTED THEN? SO, 'CAUSE THE PLAN DOES SHOW A PITCH ROOF IN THE SUBMITTAL AS SUBMITTED WOULD BE FINE. ALRIGHT, SO WHO WOULD LIKE TO MAKE A MOTION ON THIS ONE? I CAN DO THIS CHAIRMAN. SO I WAS INVOLVED IN THE WHOLE DIALOGUE FOR THE THREE STORY THING, SO I'LL STEP ON THAT SPEAR. UM, REGARDING CASE NUMBER BO 8 2 4 1 0 3 0 0 2 0 8, I MOVED AT THE BOARD ADJUSTMENT GRANT A REQUEST FOR A HALF STORY VARIANCE FROM THE MAXIMUM TWO AND A HALF STORIES TO ALLOW THE DEVELOPMENT OF A THREE STORY STRUCTURE USING A PITCH ROOF AS SUBMITTED, UH, IN THE APPLICATION SITUATED AT 1 2 4 EAST VAL, APPLICANT BEING JOSE'S UH, SEPULVEDA BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACT TO THIS PROPERTY IS SUCH A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE THREE STORY BUILDING WOULD ALLOW FOR ADEQUATE SPACE FOR OCCUPATION. AND SO IT'S NOT CONTRARY TO PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS OF LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD HAVE TO BUILD THE STRUCTURE ONLY TWO AND A HALF STORIES TO BE IN COMPLIANCE WITH THE ORDINANCE. THREE, BY GRANTING THE VARIANCE OF SPARE, THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE ADDITIONAL HALF STORY WOULD OBSERVE THE SPIRIT OF THE ORDINANCE AS A THREE STORY BUILDING WOULD ALLOW FOR ADEQUATE SPACE FOR OCCUPATION. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE AND 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 HIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED. THE ADDITIONAL HALF STORY WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF CONFORMING PROPERTIES, PROVIDED THAT IT IS THE, UH, ALONG THE LINES SUBMITTED PLANS, UM, WITH THE PITCHED ROOF AND WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH IS A BUDDING AT COMMERCIAL OF THE ZONE PROPERTY AND LOCATED ON A MINOR ROAD. SIX APPLY TO THE OWNER OF PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE, NOT DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. END OF MOTION. SECOND. I SECOND BY COMMISSIONER BRAGMAN. COMMISSIONER MANNA. UM, YES. SO WE HAD A WHOLE LOT OF DIALOGUE WITH REGARDS TO THE WHOLE HALF STORY, THREE STORY, UM, COMPONENT AND, AND I KNOW THAT THIS IS, YOU KNOW, JUST BEING VERY SENSITIVE TO, YOU KNOW, WHAT IT WAS THE COMMUNITY WAS ASKING FOR. AND PART OF THE DIALOGUE WAS THAT WE WERE STARTING TO SEE A LOT OF, UM, PROJECTS, PROJECTS COMING IN WHERE IT WAS JUST BASICALLY SOLID THREE STORY WALLS. AND WHEN [02:35:01] YOU START TO SEE THOSE NEXT TO UM, UM, RESIDENTIAL PROPERTIES, IT STARTS TO BECOME STARK CONTRAST BETWEEN THE TWO. BUT I THINK THAT THE PLAN WAS SUBMITTED HERE, UM, KIND OF SATISFIES I THINK WHAT THE, WHAT IT, YOU KNOW, ONE OF THE GOALS THAT WE'RE TRYING TO ACCOMPLISH WHEN IT IS THAT WE CAME OUT WITH THE DIALOGUE FOR THE, THE TWO AND A HALF STORY, THREE STORIES. SO, UH, BECAUSE OF THAT, YEAH, I WILL SUPPORT THIS MOTION. THANK YOU COMMISSIONER BREGMAN. UM, I AGREE WITH MY COLLEAGUE, UH, WHEN IT COMES TO, UM, THE ELEVATION PLAN THAT WAS PRESENTED AND, AND ADHERING TO THAT, UM, I DON'T NECESSARILY AGREE WITH THE, THE COMMENTS FROM, UM, UM, THE, THE VOICEMAIL AND THE EMAIL REGARDING UM, YOU KNOW, LACK OF AFFORDABLE HOUSING. THIS PROPERTY SHE EVEN SAID WAS A AIRBNB BEFORE. SO THAT ARGUMENT DOESN'T HOLD WATER AND I'M ASSUMING THAT IF PEOPLE ARE MOVING INTO THIS PROPERTY, THEY MAY BE SELLING ANOTHER PROPERTY OR MOVING OUT OF ANOTHER PROPERTY. SO THAT ACTUALLY FREES UP A PROPERTY, UH, THAT SOMEBODY ELSE CAN LIVE IN. SO FOR THOSE REASONS, I'LL BE IN SUPPORT OF THE MOTIONS AS READ. ALL RIGHT, THANK YOU. ANYONE ELSE LIKE TO ADD HEARING NONE UNLESS HAVE A ROLL CALL VOTE PLEASE. COMMISSIONER RENA, I CONCUR WITH THE FINDINGS. COMMISSIONER BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER BENAVIDEZ? I CONCUR. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER EZ I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 10 TO ONE. UH, CONGRATULATIONS. DO YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF? OKAY, UH, MOVE ON TO THE MINUTES. UH, THANK YOU. THANK YOU. WE HAVE ITEM NUMBER FOUR. UH, WE RECEIVED AN EMAIL FROM THE APPLICANT. OKAY. UM, REQUESTING A CONTINUANCE TO DECEMBER. I'M SORRY, DECEMBER 2ND. DECEMBER 2ND. ALL RIGHT. SO DO YOU, UH, DECEMBER, UM, DECEMBER 16TH. SORRY. DECEMBER 16TH. SO DO YOU NEED TO MAKE A BRIEF PRESENTATION SO WE CAN ENTERTAIN A MOTION? YEP. FOR ITEM NUMBER FOUR, BO OA 24 1 0 3 0 0 180 6. A REQUEST BY CAREER DEVELOPMENTS LLC FOR VARIANCE TO ALLOW SEPARATE STRUCTURES ON RN FOUR HAS LESS THAN ONE THIRD OF AN ACRE, LOCATED AT 1410 MONTANA, MONTANA STREET STAFF RECOMMENDED DENIAL, NO PUBLIC COMMENTS AND YOU ARE REQUESTING A CONTINUOUS TO DECEMBER 16TH. OKAY. UM, AND, AND JUST A QUICK QUESTION ON THAT. UH, IT, WHEN THIS COMES BACK BEFORE US, ARE WE ALLOWED TO, UH, WHEN WE USE SEPARATE STRUCTURES, IMPOSE ANY KIND OF A DISTANCE BETWEEN THE TWO STRUCTURES OUTTA CURIOSITY? UH, NO. THAT'S SOMETHING THAT WE CANNOT, THEY, THEY HAVE TO MEET THE CODE, UH, WHATEVER BUILDING CODE THEY NEED TO MEET, BUT THAT'S NOTHING THAT THE BOARD CAN IMPOSE. ALRIGHT. UH, SO WHO WOULD LIKE ANYONE LIKE TO MAKE A MOTION TO CONTINUE TO DECEMBER 16TH. SO MOVED. ALL RIGHT. IS THERE A SECOND? SECOND. WE HAVE A MOTION BY COMMISSIONER BARRINGTON. UH, SECOND BY COMMISSIONER BRAGMAN. ALL IN FAVOR SAY AYE. AYE. ANY OPPOSED? HEARING NONE. MOTION PASSES. ITEM IS CONTINUED TO DECEMBER 16TH. UH, ON ITEM NUMBER FIVE, I KNOW THAT WE, IF WE DON'T DO ANYTHING, DOES IT JUST GET POSTPONED? THEY, THEY, THEY CONFIRMED THE WITHDRAWAL WHILE WE'RE IN THE MEETING. OKAY. SO THEY'RE WITHDRAWAL. GREAT. AND [ Approval of Minutes  ] THE MINUTES, MINUTES WERE BIG AND LONG THIS TIME, BUT I THINK THAT, UH, WITH SOME BACK AND FORTH EDITS, I, WE GOT TO GOT IT TO A PLACE. IS THERE ANY COMMISSIONERS WHO WANTED TO CHIME IN ON THE MINUTES LOOKING, LOOKING FOR A MOTION MOVE APPROVAL AND I'LL SECOND THAT. UM, ALL IN FAVOR SAY AYE. AYE. ANY OPPOSED? HEARING NONE. UH, MINUTES PASS. IS THERE A DIRECTOR'S REPORT? [ Director’s Report  ] UH, NEXT MEETING WILL BE PRESENTATION FROM TRANSPORTATION DEPARTMENT ON THE TRANSIT ORIENTED DEVELOPMENT. SO THIS GOES TO THE PLANNING COMMISSION NEXT WEEK, DOESN'T IT? I THINK SO, YES. UH, DON'T THEY USUALLY HEAR IT LAST? ACTUALLY, PLANNING COMMISSION ALREADY HAD THEIR WORK SESSION. SO IT COULD BE THE REGULAR MEETING FOR PLANNING COMMISSION. YEAH, IT'S, IT'S THE REGULAR. SO ARE WE GONNA, DO WE HEAR, ARE WE JUST BEING BRIEFED OR ARE WE YOU'RE JUST BEING BRIEFED. THERE'S NO ACTION TO BE TAKEN. OKAY. 'CAUSE THAT, AND IT'LL BE ON THE REGULAR AGENDA. IT WON'T BE A WORK SESSION ITEM, SO IT'LL PROBABLY BE THE FIRST THING PRESENTED AT THAT MEETING. OKAY. I'M, I'M ASKING 'CAUSE THEY, THEY, THEY'RE KIND OF SCARING ME ABOUT HOW LONG THEY'RE GONNA HAVE THAT MEETING GO NEXT WEEK. I'VE NEVER IN MY LIFE EVER HEARD OF THEM ORDERING DINNER. SO. WELL, THERE'S QUITE A FEW ITEMS ON THE AGENDA ALREADY. OKAY. UM, SO WITH THAT, IT LOOKS [02:40:01] LIKE, UH, WE'RE ALL, NOTHING ELSE. NOTHING ELSE. GREAT. IT IS 3 42. WE ARE HEREBY ADJOURNED. * 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.