* 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. [00:00:02] IT'S 1245 [ Work Session  ] AND WE HAVE A WORK SESSION. UH, THAT STAFF WILL BE DOING A BRIEF PRESENTATION TO THE COMMISSION AT WHICH TIME NO ACTION WILL BE TAKEN. STAFF. HOW'S IT GOING? THIS IS, UH, JOSEPH FARNEY WITH THE CITY ATTORNEY'S OFFICE. UH, FIRST ITEM FOR THE WORK SECTION. UM, I KNOW CHRISTIE HAD MENTIONED THIS A COUPLE OF WEEKS AGO. WE JUST WANTED TO REITERATE IT, UH, FOR THE RECORD. UM, SO, UH, SECTION 5 51 0.007 OF THE TEXAS GOVERNMENT CODE, UM, SPEAKS ABOUT, UH, PUBLIC TESTIMONY AND JUST AS A, AS A REMINDER FOR, UM, CHAIR, VICE CHAIR PROTO, WHOEVER IS, UH, LEADING THE, THE BOARD, UH, FOR A PARTICULAR MEETING. AND IF WE HAVE A, UH, CHANGE IN THE, UM, THE PUBLIC COMMENT TIMEFRAME, WHATEVER, THAT, USUALLY WE HAVE THREE MINUTES. UM, WHATEVER THAT TIME LIMIT IS, UH, IT'S DOUBLE FOR TRANSLATION SERVICES. SO ANYTIME WE HAVE AN INDIVIDUAL WHO REQUIRES TRANSLATION SERVICES, UM, JUST SO EVERYBODY'S AWARE THAT INDIVIDUAL IS ALLOWED TWICE, WHATEVER THE LIMIT IS FOR THAT PARTICULAR MEETING. GREAT. THANK YOU VERY MUCH. UM, AND NEXT WE HAVE A PRESENTATION BY DIRECTOR CATHERINE HERNANDEZ. GOOD AFTERNOON. I SEE SOME FAMILIAR FACES FROM BEFORE. HELLO. I KNOW. SO, UM, KAT HERNANDEZ, I'M THE DIRECTOR FOR THE CITY'S TRANSPORTATION DEPARTMENT, AND I WANTED TO PROVIDE YOU A BRIEFING ON AN INITIATIVE OUR DEPARTMENT HAS BEEN WORKING ON FOR THE PAST, WAS JUST SAYING 11 MONTHS NOW. UM, AND, UM, RELATED TO OUR, ONE OF OUR DISTRICTS IN THE ZONING CODE. AND THE REASON WHY WE WANNA DO A BRIEFING TO YOU IS BECAUSE, UH, WITH THE UPDATES TO THE CODE, UM, AS DEVELOPMENT HAPPENS, AS THEY SEEK TO A REQUEST TO REZONE, IF THERE ARE, UH, VARIANCES THAT ARE REQUESTED, THOSE VARIANCES WOULD COME TO YOU. SO, AND WE TYPICALLY BRIEF OUR COMMISSIONERS WHEN, UM, UH, THOSE ISSUES COULD OCCUR THAT WAY. YOU'RE JUST KEPT IN THE LOOP, UH, RELATED TO THOSE, UM, ALTERATIONS OR PROPOSED MODIFICATIONS TO A CODE. SO, OH, YEAH, THIS WILL WORK. THIS WORK. OKAY. AND WE CAN DO THE, YEAH. ALL RIGHT. OKAY. SO, UM, IN CASE YOU'RE NOT AWARE, UH, VIA IT HAS BEEN, UM, WORKING ON, UH, BUS RAPID TRANSIT, UH, BRINGING, UM, A, AN ADVANCED RAPID TRANSIT LINE, THE FIRST OF ITS KIND TO, TO OUR CITY. UM, THERE ARE TWO LINES THAT THEY ARE WORKING ON. ONE IS CALLED THE GREEN LINE THAT RUNS FROM SAN PEDRO WITH THE CONSTRUCTION LIMITS FROM AIRPORT TO STEVE. THIS IS STEVE'S. AND THIS IS POSSIBLE DUE TO A FEDERAL FUNDING THAT WE ARE RECEIVING, UM, OVER 400 MILLION IN ORDER FOR THIS PROJECT, UH, TO GET UNDERWAY. UM, AND WE ARE PARTNERS WITH THEM, OF COURSE, BECAUSE OF THE UTILIZATION OF OUR RIGHT OF WAY, BUT, UH, THERE IS NO MONEY THAT WE ARE, AS THE CITY ARE, ARE CONTRIBUTING TO THIS PROJECT. AND THIS PROJECT INCLUDES, UH, SOME IMPROVEMENTS ALONG SAN PEDRO THAT INCLUDE, UH, CENTER RUNNING LANES, UM, THAT YOU MIGHT SEE IN OTHER CITIES, UM, WHERE, UH, PATH WHERE, UH, THOSE PEDESTRIANS WALK TOWARDS, UH, THE MIDDLE AND, UH, THEY, THEY GET ON AT THE, AT THE MIDDLE OR THE STATIONARY ALONG THE CENTER RUNNING LANES. AND THOSE, YOU WILL TYPICALLY SEE WHEN THERE IS, UH, PLENTY OF RIGHT OF WAY, UH, IN ORDER TO DO THAT AND, AND CONTINUE TO HAVE THE FLOW OF TRAFFIC. AND THEN SOME OF THE PROJECT INCLUDES, UM, WHAT YOU'RE FAMILIAR WITH IN THE DOWNTOWN AREA IS BUSINESS ACCESS LANES, UH, WHERE THEY ARE THE PRIORITY FOR THAT RIGHT LANE. UH, BUT THERE ARE OTHER VEHICLES THAT ARE ABLE TO UTILIZE IT, UH, TO TURN RIGHT. SO WITH THIS PROJECT, IT GIVES US THE OPPORTUNITY TO UPDATE THE CODE BECAUSE TOD IS A OPPORTUNITY SO WE CAN REALIZE THOSE BENEFITS ALONG OUR DEDICATED RAPID TRANSIT CORRIDORS. THEY, THESE BENEFITS INCLUDE COMPACT, LIVABLE, WALKABLE NEIGHBORHOODS, UH, WITH MULTIMODAL TRANSPORTATION ACCESS. WELL, AGAIN, WHILE WE'RE TRYING TO STRENGTHEN AND SUSTAIN OUR ESTABLISHED NEIGHBORHOODS. SO THE REVIEW OF THE CURRENT CODE ALLOWS US THAT OPPORTUNITY TO ENSURE THAT TOD, UH, ZONING OR ZONING CODE IS ALIGNED WITH TRUE TRANSIT, UH, CREATES PROTECTIONS FOR ESTABLISHED RESIDENTIAL NEIGHBORHOODS, AND CREATES A BETTER CODE CREATING WALKABILITY. SO THIS PROCESS, AS I MENTIONED, UH, STARTED LATE LAST YEAR WITH THE CREATION OF A TECHNICAL WORKING GROUP WHOSE RESPONSIBILITY WAS TO, UH, WORK ON RECOMMENDATIONS TO UPDATE THE UDC, UH, TO SUPPORT HOUSING NEAR TRANSIT. OUR REMOVING BARRIER SUBCOMMITTEE UNDER THE HOUSING COMMISSION CONTINUES THEIR EFFORTS TO IMPLEMENT THE SHIP, WHICH IS THE STRATEGIC HOUSING IMPLEMENT IMPLEMENTATION PLAN, UM, WITH A FOCUS TO PROVIDE RECOMMENDATIONS WITHIN THE POLICY FRAMEWORK THAT ADDRESS HOUSING AFFORDABILITY AND ANTI DISPLACEMENT. [00:05:01] AS THIS WAS A COMMON THEME THAT WE'VE HEARD, UH, THROUGHOUT, UH, OUR ENGAGEMENT EFFORTS FOLLOWING THE CREATION OF THE TECHNICAL WORKING GROUP, A CCR WAS SUBMITTED TO CREATE A TRANSIT-ORIENTED DEVELOPMENT PLAN. UM, SO IN JANUARY, OUR GOVERNANCE COMMITTEE RECOMMENDED THAT STAFF MOVE FORWARD WITH THE DEVELOPMENT OF THE PLAN AND THE CREATION OF A TASK FORCE TO MAKE RECOMMENDATIONS THAT WILL UPDATE OUR ZONING DISTRICT. AND ALL OF THIS WORK CULMINATES INTO WHAT WE CALL OUR TRANSIT-ORIENTED POLICY FRAMEWORK. SO OUR CURRENT CODE WAS ADOPTED, UH, IN 2001, AND IT'S BEEN UNDERUTILIZED. THERE'S ONLY BEEN THREE CASES THAT HAVE BEEN UTILIZED IN 20 YEARS. UH, SO, AND CURRENTLY IT'S ALLOWED ANYWHERE WITHIN A HALF MILE OF ANY BUS STOP. SO THIS PROCESS TO UPDATE THE CODE IS, UH, IS TO ALLOW THOSE OPTIONS FOR DEVELOPMENT WHILE RESPECTING OUR NEIGHBORHOODS. THIS PROCESS DOES NOT REZONE ANY PROPERTY, AND APPLICANTS WILL STILL BE REQUIRED TO GO THROUGH A REZONING PROCESS. SO I WANNA STRESS THAT THIS DOES NOT REZONE ANY PROPERTY. AND I'LL EXPLAIN, UH, A LITTLE BIT ABOUT ITS APPLICABILITY. UM, SO WHEN WE STARTED THIS PROCESS, WE FORMED A TASK FORCE BACK IN FEBRUARY THAT INCLUDES 26 MEMBERS, 13, UM, RESIDENTS WERE REPRESENTING NEIGHBORHOOD ASSOCIATIONS ALONG THE GREEN AND SILVER LINES, AS WELL AS COUNCIL DISTRICT REPRESENTATION THAT HAD SIGNED ON TO THE CCR. THERE WERE ALSO 13 RESIDENTS THAT REPRESENT ORGANIZATIONS WITH EXPERTISE IN DEVELOPMENT, HOUSING TRANSIT, AND SOME OF OUR AGENCIES, INCLUDING VIA CENTRO AND THE ALAMO AREA METROPOLITAN PLANNING ORGANIZATION. SO AGAIN, WE, WE BEGAN MEETING IN FEBRUARY OF THIS YEAR. IN TOTAL, THE TASK FORCE MET ABOUT SEVEN TIMES OVER EIGHT MONTHS. ADDITIONALLY, THE PROCESS HAD INCLUDED THE FORMATION OF A SUBCOMMITTEE OUT OF THAT TASK FORCE THAT INCLUDED 23 RESIDENTS, AND IT ALSO INCLUDED OTHERS FROM DIFFERENT AREAS OF THE CITY. AND THE COMMITTEE WAS ASKED BY THE TASK FORCE TO DO A DEEPER DIVE ON THE APPLICABILITY AND THE LANGUAGE TO PROTECT EXISTING RESIDENTIAL NEIGHBORHOODS, ESPECIALLY IN THE CORE OF OUR CITY. THE ORIGINAL 36 SQUARE MILES, THE SUBCOMMITTEE MET EIGHT TIMES OVER TWO AND A HALF MONTHS TO PROVIDE A RECOMMENDATION TO THE TASK FORCE TO CONSIDER. SO ALMOST 50 COMMUNITY MEMBERS WERE PART OF THIS PROCESS. SO WE CAN, UH, CREATE A BASELINE, UH, FOR THE POLICY FRAMEWORK AS WELL AS A BASELINE FOR THE MAPS FOR, FOR THEIR FEEDBACK. SO, AS MENTIONED PREVIOUSLY, THE CURRENT TE D ZONING DISTRICT ALLOWS ANYONE TO REQUEST TO REZONE WITHIN A HALF MILE OF ANY BUS STOP. THIS MEANS THAT ALL THE PROPERTIES THAT YOU'VE SEEN IN ORANGE ARE ELIGIBLE TO REZONE TO THE CURRENT TOD ZONING DISTRICT. SOT OD SHOULD REALLY BE SPECIFIC TO CORRIDORS THAT HAVE A HIGH CAPACITY TRANSIT COMPONENT. SO YOU CAN FOCUS THE DENSITY AND INTENSITY TO THOSE CORRIDORS WHERE THEY'RE, WHERE IT'S APPROPRIATE. SO THE SUBCOMMITTEE TACKLED THIS AND RECOMMENDED A PROCESS THAT ALLOWS US TO CREATE THE GUARDRAILS FOR APPROPRIATE TOD APPLICABILITY. SO WE GO FROM THIS, THAT'S CURRENTLY ALLOWED IN THE TOD ZONING DISTRICT TO A MORE, UH, PROPOSED, UH, REFINED LOOK AT PULLING BACK ON THAT APPLICABILITY OUT OF SINGLE FAMILY RESIDENTIAL NEIGHBORHOODS AND FOCUSING MORE ON THOSE COMMERCIAL CORRIDORS. AND IT'S ONLY APPLICABLE TO CERTAIN CORRIDORS, CORRIDORS THAT ARE IDENTIFIED AS ADVANCED RAPID TRANSIT CORRIDORS. THE FIRST ONE OUT OF THE GATE IS THE GREEN LINE, WHICH IS ALONG SAN PEDRO. AND THIS IS A MORE ZOOMED IN MAP OF WHAT THAT APPLICABILITY LOOKS LIKE. UH, SO BASICALLY, AGAIN, FOCUSED ONLY ON THE A CORRIDORS. RIGHT NOW THERE'S ONLY ONE DESIGNATED BECAUSE IT'S REACHED CERTAIN STEPS IN THE PROCESS, UM, INCLUDING FUNDING, WHICH IS THE GREEN LINE, THE SILVER LINE IS NEXT, BUT IT STILL NEEDS TO MEET, UH, SOME, A FEW CRITICAL POINTS. UM, AND SO NOW YOU'VE PUT THE T INTO TOD, WHICH IS NOW TRANSIT. SO AN ELIGIBILITY IS ONLY DEFINED WITHIN THIS BOUNDARY. SO THE PROCESS, UH, THAT THE TASK FORCE AND SUBCOMMITTEE MEMBERS GOT TO THIS APPROACH STARTED WITH THE DRAFT CODE THAT RECOMMENDED A QUARTER OF A MILE APPLICABILITY, BUT THE DISCUSSION OF THE TASK FORCE INCREASED THAT VIEW SINCE WALKABILITY WAS TYPICALLY ABOUT A HALF MILE, WHICH REPRESENTS A 10 MINUTE WALK. AND WHILE THE HALF MILE APPLICABILITY IS APPROPRIATE IN SOME AREAS ALONG THE CORRIDOR, THERE ARE AREAS IN WHICH THAT DRIVES IT DIRECTLY INTO THE MIDDLE OF THE NEIGHBORHOOD. AND WE WANTED TO BE SURE TO PROTECT EXISTING RESIDENTIAL NEIGHBORHOODS. SO IT BECAME MORE OF A CUSTOMIZED APPROACH, EXPANDING WHERE APPROPRIATE, AS YOU CAN SEE ALONG AREAS NEAR THE AIRPORT, N FOUR 10 AS WELL AS 35 AND SAN PEDRO AND CONTRACTING WHERE WE NEED TO BE SENSITIVE, UH, WITHIN THAT MIDDLE SECTION WHERE THE NEIGHBORHOODS ARE DIRECTLY ABUTTING SAN PEDRO. UH, AND SO THOSE MAPS, UH, THAT, LET ME GO BACK TO THAT, THOSE MAPS THAT PROPOSE, UM, WHERE THE BOUNDARIES ARE NOW PULLED BACK FROM ONLY FOCUSING ON THOSE CORRIDORS, UH, WERE, UM, RECOMMENDED BY THE TASK FORCE, SO THAT WAY WE COULD START THAT FEEDBA FEEDBACK AND INPUT PROCESS. AND WE STARTED THAT IN EARLY OCTOBER, UM, ALLOWING FOR FEEDBACK AND INPUT FROM NEIGHBORHOODS, RESIDENTS, BUSINESSES FOR THE NEXT TWO AND A HALF MONTHS UNTIL WE GET TO CITY COUNCIL IN DECEMBER. SO ADDITIONAL PROVISIONS, UM, IN UPDATING THE CODE INCLUDE [00:10:01] PROTECTIONS FOR NEIGHBORHOODS SUCH AS EXCLUDING PROPERTIES FROM BEING ABLE TO REZONE TO TOD THAT ARE EQUAL, EQUAL TO A HALF A OR LESS, UH, THAT ARE SINGLE FAMILY ZONE PROPERTIES WITH SINGLE FAMILY USES OF FOUR UNITS OR MORE. IT ALSO EXCLUDES ALL SINGLE FAMILY ZONE PROPERTIES WITH A SINGLE FAMILY USE WITHIN THE CRAG. UM, MANY OF THE PROPERTIES, OVER 90% OF THOSE PROPERTIES, UM, ARE, UM, ABOUT A HALF ACRE OR LESS ANYWAY. AND, UM, KIND OF SMALL IF YOU WERE GONNA DO SOME GOOD TOD. UH, SO THE, AGAIN, THIS EXCLUSION THAT WAS RECOMMENDED BY THE PLANNING COMMISSION LAST WEEK, UH, PROTECTS OUR ESTABLISHED RESIDENTIAL NEIGHBORHOODS IN OUR CURRENT, IN OUR URBAN CORE. AND ADDITIONALLY FOR PROPERTIES THAT ARE WITHIN A HISTORIC DISTRICT OR NEIGHBORHOOD CONSERVATION DISTRICT, OR OTHER OVERLAY DISTRICT THAT HAVE DESIGN STANDARDS, THOSE CODES, UH, WILL, UH, OVERRIDE. SO TOD BASICALLY WILL SERVE AS THE BASE DISTRICT TELLING THEM HOW THEY CAN UTILIZE IT ON THE INSIDE. AND, UH, THE OVERLAY DISTRICTS TELL 'EM HOW THEY, UH, HAVE TO BE, UH, DESIGNED ON THE OUTSIDE. SO AGAIN, WE ARE, UM, RESPECTING THOSE OVERLAY DISTRICTS. SO SINCE UH, WE STARTED THIS PROCESS, UH, WE GOT, UH, REALLY HEAVY INTO ENGAGEMENT IN APRIL ONCE WE HAD OUR ESSAY SPEAKUP SITE. AND SINCE THEN WE'VE HAD, UM, PROBABLY CLOSE TO ABOUT A HUNDRED MEETINGS, UM, AND OUTREACH TOUCH POINTS TO DATE. UM, WE HAD A SURVEY OUT ON OUR ESSAY SPEAKUP SITE WITH OVER A THOUSAND, UH, SURVEY PARTICIPANTS. AND OUR, OUR ESSAY SPEAKUP SITE HAS SEEN OVER 25,000 HITS AND ALL OF THE DOCUMENTS, UH, THROUGHOUT THE PROCESS FROM BOTH THE, FROM THE TECHNICAL WORKING GROUP, REMOVING BARRIERS SUBCOMMITTEE AND THE TASK FORCE, WERE AVAILABLE ON ESSAY SPEAK UP THROUGHOUT THE ENTIRE PROCESS. UH, SO OUR ADOPTION PROCESS AND NEXT STEPS, AGAIN, STARTED IN EARLY OCTOBER ONCE WE HAD A DRAFT, UH, THE, THE DRAFT POLICY FRAMEWORK, THE DRAFT MAPS, AND THE DRAFT CODE, SO WE CAN GET THAT, UH, FEEDBACK AND INPUT STARTED IN OCTOBER. AND WE'VE HAD MULTIPLE EITHER BRIEFINGS AND OR PRESENTATION TO, UH, COMMITTEES OR COMMISSIONS FOR RECOMMENDATIONS. UM, OUR NEXT STEPS INCLUDE, UH, ZONING COMMISSION CONSIDERATION TOMORROW OF BOTH THE, OF BOTH THE CODE AND THE PROPOSED MAPS, UM, AS WELL AS A BRIEFING TO HOUSING COMMISSION WHO ALSO PROVIDE A RECOMMENDATION ON THE FRAMEWORK AND THEN A BRIEFING TO HDRC. SO JUST LIKE YOU THAT, UH, THEY'RE AWARE OF, UH, THE MODIFICATIONS TO THE, TO THE CODE. AND THEN LASTLY, OUR GOAL IS TO GET TO CITY COUNCIL IN DECEMBER. AND WITH THAT, UM, THAT, THAT'S, THAT'S ABOUT IT FOR THE PRESENTATION, AGAIN, JUST MAKING YOU GUYS AWARE OF, OF THE WORK THAT WE'VE BEEN DOING FOR THE PAST 11 MONTHS. THANK YOU VERY MUCH. UM, I, I DIDN'T WANT TO OPEN THIS UP TO A LOT OF QUESTIONS. UH, MOSTLY BECAUSE IT, IT'S, THIS IS A COMPLICATED PIECE OF, UH, UH, CODE THAT THEY'VE WORKED ON. UH, THERE WASN'T A, I, I WAS AT THE PLANNING COMMISSION MEETING. UH, THERE WAS AN ENORMOUS AMOUNT OF PUBLIC OUT OUTREACH ON THIS. A LOT OF PEOPLE ATTENDED, A LOT OF PEOPLE EXPRESS THEIR OPINIONS. BELIEVE ME, WE ACTUALLY WERE THERE AND HAD DINNER AT THE PLANNING COMMISSION, WHICH DOESN'T HAPPEN THAT OFTEN. AND WE ANTICIPATE THAT TOMORROW. YEAH. ONE, ONE THING I WANTED TO POINT OUT, AS, AS KA HAD MENTIONED, IT IS A BASE DISTRICT AND I JUST WANTED TO CLARIFY, IF YOU HAVE AN OVERLAY, IS IT THE MOST STRINGENT THAT APPLIES OR THE ONE THAT THE DEVELOPER WOULD MOST LIKELY WANT? IT'S THE ONE THAT IS MORE RESTRICTIVE THAT WOULD APPLY. AND IN THIS CASE, THE CODE IS SPECIFIC TO SAY THAT THE OVERLAY DISTRICT SHALL OVERRIDE. SO IF WE HAPPEN TO SEE ANY OF THESE, UH, MOVING FORWARD, YOU NEVER KNOW IT'S DOWNTOWN. THAT COULD BE OVER OVERLAY DISTRICTS. BUT, UH, THANK YOU VERY MUCH. THANK YOU. ALRIGHT, THANKS. UH, WELL, I GUESS WE'LL JUST TAKE A LITTLE TWO MINUTE BREAK AND, AND START UP AT ONE O'CLOCK [00:17:19] MEETING THE, UH, BOARD OF ADJUSTMENTS IN THE SESSION. IF WE CAN HAVE A SPANISH INTERPRETER GIVE, UH, SOME BRIEF REMARKS. THANK YOU. STAFF, IF YOU COULD PLEASE CALL ROLL. COMMISSIONER BARRINGTON. COMMISSIONER STEVENS. PRESENT. COMMISSIONER IBANEZ PRESENT. COMMISSIONER DEAN PRESENT. COMMISSIONER CRUZ. COMMISSIONER GOMEZ? PRESENT. COMMISSIONER MANNA. COMMISSIONER BRAGMAN PRESENT. COMMISSIONER BENAVIDES. COMMISSIONER OZUNA. COMMISSIONER VASQUEZ. PRESENT. COMMISSIONER EZ? HERE. COMMISSIONER KAPLAN? HERE. CHAIR ORIAN. AND I'M HERE. UH, AT THIS TIME DO WE HAVE NINE? OKAY. WHO WILL WE EXPECT? WHO ARE WE WAITING ON? I KNOW YOU HAD MENTIONED, UH, MANNA WILL BE HERE LATER. IS THERE SOMEONE ELSE THAT COMMISSIONER CRUZ SHOULD BE HERE? WE'RE EXPECTING HER ANY MINUTE NOW. ALRIGHT, THANK YOU. IF EVERYONE COULD PLEASE JOIN THE STANLEY IN THE PLEDGE, UNITED STATES OF AMERICA. ALL RIGHT. SO BEFORE WE PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION. THIS BOARD FOLLOWS AN AGENDA, WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS. FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT. LASTLY, AS CHAIR, I'LL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS. I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS A CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING. ALL RIGHT. WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL. THIS BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF COMPETENT IN THE RULES OF REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELEASE SOUGHT, AND WE DO NOT GET IN, UH, INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY [00:20:01] COUNCIL. THEY'RE CLEARLY FINE. 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 AS AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS OR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE. IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THAT WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD. ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER. AFTER EVERYONE HAS HEARD THE CASE, IT WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION. IN ORDER FOR A MOTION TO CARRY. IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES. THE BURDEN OF PROOF IN GRANTING THE RELIEF SOUGHT RESTS WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL. SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S. DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS OF YOUR CASE STAFF. GOOD AFTERNOON. STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF REQUESTS. PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE FOR SPECIAL EXEMPTION AND PROPERTY WITHIN 200 FEET OF THE SUBJECT PROPERTY. CHECK MARK INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION. UPON THE PRESENTATION AND ANY QUESTION ABOUT THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST. FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST A PROPOSED VARIANCE OR SPECIAL EXEMPTION, YOU'LL BE CALLED IN THE ORDER YOU SIGN UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED OF MAXIMUM THREE MINUTES PER SPEAKER. YOU ARE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION FOR THOSE THAT WOULD LIKE TO GIVE UP THEIR TIME TO THE SPEAKER. THAT SPEAKER WILL BE ALLOWED OF MAXIMUM OF 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 THE BOARD OF QUESTIONS. AND IF YOU HAVEN'T ALREADY, PLEASE SILENCE YOUR PHONES. THANK YOU CHAIRMAN. ALRIGHT, SO ITEM NUMBER TWO [ Briefing and Possible Action on the following items  ] WAS WITHDRAWN. SO WE'LL BE MOVING ON TO ITEM NUMBER THREE, LOCATED AT 3 1 9 BURGESON STREET. GOOD AFTERNOON. MY NAME IS JUAN ALVAREZ PLA WITH DEVELOPMENT SERVICES. ITEM NUMBER TWO IS REQUESTED BY ANNA RA AND IS REQUESTING FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK PHASE. THE SUBJECT PROPERTY IS LOCATED AT THREE 19 BURLINGTON STREET SURROUNDING USES INCLUDE RESIDENTIAL, SINGLE AND MULTIFAMILY. THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE. ONE TYPE TWO SHORT-TERM RENTAL PERMIT HAS ALREADY BEEN APPROVED BY RIGHT ON THE BLOCK FACE PER THE CITY CODE TYPE TWO SHORT-TERM RENTAL SHALL BE LIMITED TO NO MORE THAN ONE EIGHTH, 12.5% OF THE TOTAL NUMBER OF SINGLE FAMILY DUPLEX, TRIPLEX, OR QUADPLEX UNITS. ON THE BLOCK FACE, THERE IS A TOTAL OF EIGHT UNITS ON THE BLOCK FACE. ONE ACTIVE STR TYPE TWO IS ALREADY ON THE BLOCK FACE BEING 3 23 BURLINGTON STREET ISSUED ON NOVEMBER 16TH, 2021. THE BLOCK FACE IS CURRENTLY AT 12.5%. AND IF THE SECOND STR TYPE TWO IS APPROVED, THE BLOCK FACE WILL BE AT 25%. THIS EXCEEDS THE 12.5 DENSITY LIMITATION FOR TYPE TWO ST. THERE IS CURRENTLY THE PROPERTY HAS NO CODE ENFORCEMENT HISTORY AND THERE WERE NO ACTIVE LISTINGS FOUND. THIS IS THE SIDE PLAN OF THE PROPERTY SUBMITTED AT THE TIME OF THE APPLICATION. THIS IS THE SUBJECT PROPERTY AND THE NEXT FEW SLIDES ARE THE NEIGHBORING PROPERTIES AND SURROUNDING AREAS. STAFF RECOMMENDS DENIAL OF THE APPLICANT'S REQUEST FOR SPECIAL EXCEPTION, AND THERE WERE A TOTAL OF 38 MEL NOTICES. ZERO IN FAVOR, [00:25:01] ONE IN OPPOSITION. NO RESPONSE FROM THE DIGNITY HILL NEIGHBORHOOD ASSOCIATION AND NO RESPONSE FROM THE COMMUNITY ORGANIZATIONS. THIS CONCLUDES STAFF PRESENTATION. APPLICANT IS HERE TO ANSWER ANY QUESTIONS. ALL RIGHT, UH, BEFORE YOU GO, 3 23 BURLESON, YOU HAD MENTIONED NOVEMBER 16TH, 2021. MM-HMM. . SO IT'S BEEN THREE YEARS AND TWO DAYS. HAVE THEY APPLIED FOR A RE-UP OF THAT PERMIT? MM-HMM. , UH, THE PERMIT HAS BEEN RENEWED. OKAY. THANK YOU VERY MUCH. ALRIGHT, LET'S HAVE THE APPLICANT COME FORWARD. UH, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE. YES, GOOD AFTERNOON. MY NAME IS ANNA. I AM THE FOUNDER OF J GETAWAY HOMES. JUST ONE MOMENT, COULD YOU I AM THE FOUNDER OF J GETAWAY HOMES. IT IS A SHORT-TERM RENTAL MANAGEMENT COMPANY HERE IN SAN ANTONIO. AND LIKE PREVIOUSLY MENTIONED, I LIKE TO REQUEST A SPECIAL, A SPECIAL EXCEPTION FOR THE PROPERTY THREE 19 UMBRELLA STREET IN SAN ANTONIO FOR A SHORT-TERM RENTAL PERMIT. TYPE TWO. I UNDERSTAND THERE ARE CERTAIN REQUIREMENTS, I'D LIKE TO SHOW YOU HOW WE CAN SUCCESSFULLY MEET THEM. EXCELLENT. PLEASE. SO WE ENSURE PUBLIC HEALTH AND SAFETY BY ADHERING TO STRICT SAFETY PROTOCOLS. WE HAVE CARBON MONOXIDE DETECTORS AND SMOKING DETECTORS IN OUR PROPERTIES. WE PROVIDE EMERGENCY CONTACT INFORMATION AND EMERGENCY EXITS FOR ANY EMERGENCIES. WE HAVE REGULAR PROPERTY INSPECTIONS AND MAINTENANCE PREVENTIVE PROJECTS. WE HAVE STRICT NEW SMOKING POLICY IN OUR PROPERTIES. WE ESTABLISH MAXIMUM OCCUPANCY LIMITS AND WE ALSO HAVE FIRE EXTINGUISHERS IN EVERY FLOOR IN THE PROPERTY. AND THIS COMPLIES WITH THE FIRE AND BUILDING CODES. WE ALSO HAVE STRICT POLICIES AND PROACTIVE MEASURES AGAINST PUBLIC NUISANCE. AND WE HAVE, WE PROVIDE RENTAL AGREEMENTS FOR OUR GUESTS BEFORE EACH BOOKING. AND IT PROVIDES PROPERTY RULES AND POLICIES, INCLUDING THAT NO PARTIES ARE ALLOWED IN THE PROPERTIES INSTRUCTIONS ON WASTE DISPOSAL AND QUIET HOURS. WE ALSO REQUIRE A VALID ID TO TO BOOK AND WE HAVE GUIDANCE, UH, WITH OUR COMMUNITY FRIENDLY BEHAVIOR. WE ALSO HAVE ADVANCED MONITORS THAT NOTIFIES US IF THERE ARE ANY NOISE LEVELS, OCCUPANCY LEVELS. AND THIS IS WHEN IT IS ABOVE. OUR SET LIMITS THIS BY BEING PROACTIVE. WE PREVENT ANY ISSUES WITH OUR NEIGHBORING PROPERTIES. WE ALSO DID A MARKET RESEARCH IN THE AREA WITH THE OTHER PROPERTY THAT HAS THE SHORT-TERM RENTAL PERMIT, UM, AT THE MOMENT. AND WE REQUESTED REPORTS TO THE SAPD FOR NINE 11 CALLS AND THE CITY FOR ANY THREE 11 SERVICE CALLS AND NO REPORTS WERE FOUND IN THE LAST THREE YEARS. WE'RE ALSO AVAILABLE 24 7 TO RESOLVE ANY POTENTIAL ISSUES OR EMERGENCIES. WE'RE COMMITTED TO PRESERVING THE NEIGHBORHOOD AESTHETICS AND MAINTAINING THE CURB APPEAL. IN THIS PICTURE, IN THE PRESENTATION, YOU CAN SEE ONE OF OUR PROPERTIES, THIS, THE FIRST ONE SHOWS THE BEFORE HOW WE FIRST GOT THE PROPERTY. AND THE SECOND ONE SHOWS THE AFTER, ONCE WE CLEANED THE PROPERTY, MADE IT LOOK NICE AND CLEANED FOR THE NEIGHBORS AND OUR GUESTS. THE PROPERTIES ALSO FULLY EQUIPPED WITH ESSENTIAL UTILITIES LIKE ELECTRICITY, WATER, AND TRASH COLLECTION. IT IS ALSO VERY CLOSE TO RECREATIONAL, MULTIPLE RECREATIONAL AMENITIES LIKE MUSEUMS AND LOCAL RESTAURANTS AND SHOPS, PARKS AND CULTURAL ATTRACTIONS. THIS, THIS WILL BRING MORE TOURISTS TO THE AREA. AND WE'RE ALSO WORKING ON PARTNERING WITH LOCAL ATTRACTIONS TO PROMOTE TOURISM AND HELP THE LOCAL ECONOMY. THE PROPERTY'S ALSO CONVENIENT. LOCATED IN LOCATED CONVENIENTLY CLOSE TO MAJOR ACCESS HIGHWAYS LIKE I 35 AND 37. DIG. WHITTY HILL DISTRICT NEEDS MORE BUSINESS AND TOURISM AND WE'RE COMMITTED TO HELP WITH THAT. AND THE LAST SLIDE, IT SHOWS AN AWARD FROM AIRBNB, A BOOKING PLATFORM FOR OUR OTHER PROPERTY. IT SHOWS THAT IT WAS RECOGNIZED IN THE TOP 5% OF HOMES IN SAN ANTONIO. AND THIS IS BASED ON RATINGS, REVIEWS, AND RELIABILITY FROM OUR GUESTS. AND THAT'S IT. ALRIGHT, THANK YOU VERY MUCH. UM, I'M GONNA OPEN THIS UP TO QUESTIONS IF YOU NO ONE OBJECTS. I'D LIKE TO START OFF, UM, I UNDERSTAND THAT YOU HAVE ONE, UH, PERSON IN OPPOSITION DIRECTLY ACROSS THE STREET. MM-HMM, . HAVE YOU REACHED OUT TO THEM? I'M SORRY? HAVE I REACHED OUT TO THEM? NO, I FOUND OUT JUST DURING THE WEEKEND. HE, HE RESPONDED RIGHT. AND WHAT LATER IN THE WEEKEND. AND THEN WHAT OUTREACH HAVE YOU DONE WITH THE DIGNITY HILL? UH, NEIGHBOR ASSOCIATION? I DID REACH OUT TO, TO THE DIGNITY, DIGNITY HILL DISTRICT. THE PERSON THAT JUAN ALVAREZ, HE SENT ME THE EMAIL AND I RECEIVED NO RESPONSE. OKAY. COMMISSIONER QUESTIONS, COMMISSIONER BOEZ, BOEZ, UM, YOU [00:30:01] SAY YOU DO A GUEST SCREENING PROCESS. WHAT'S INCLUDED IN THAT SCREENING PROCESS? IT'S A SOFT BACKGROUND CHECK. SO WE REQUIRE A VALID, UM, ID AND IT'S AN INTEGRATION WITH OUR PROPERTY MANAGEMENT MANAGEMENT SYSTEM. SO THEY CHECK IF THEY HAVE ANY CRIMINAL RECORDS OR ANY, UM, LIKE ISSUES BEFORE WITH BOOKING PLATFORMS. AND IF, IF WE NOTICE ANYTHING, WE JUST DECLINE THE, THE, THE RESERVATION. WHAT TYPE OF, UM, I GUESS CRIMINAL BACKGROUND OR CRIMINAL ACTIVITY WOULD DENY A GUEST? SO IT COULD BE ANYTHING FROM LIKE, UM, CALLS FROM THE POLICE, LIKE ANY REPORTS FOR, FOR CRIMINAL, NOT CRIMINAL ACTIVITY, BUT LIKE, UM, PROBLEMS WITH LIKE PARTIES OR SOMEBODY IF, IF SOMEBODY HAS CALL ON THEM, LIKE THEY REPORT IT, UM, LIKE, UM, SORRY, I FORGOT THE WORD. LIKE, UM, THAT THEY'RE NOT FOLLOWING THE RULES FROM OTHER, OTHER, UM, HOUSES THAT THEY HAVE STAYED AT AND CRIMINAL ACTIVITIES IF THEY HAVE JUST LIKE IN GENERAL CRIMINAL ACTIVITIES REPORTED WITH THE POLICE. GOTCHA. OKAY. SO LIKE A, UH, A FELONY OR A MM-HMM. SEX OFFENDER WOULD BE DENIED, CORRECT? CORRECT. ABSOLUTELY. AND YOU, YOU SAY YOU MANAGE OTHER PROPERTIES AS WELL? ONE AT THE MOMENT. OKAY. GOTCHA. MM-HMM, . UM, ARE YOU UP TO DATE ON ALL YOUR, YOUR, UH, YOUR HOT TAXES FOR THE OTHER PROPERTY? YES. OKAY. ANY CITATIONS OR ANYTHING ON THE OTHER PROPERTY? NO. OKAY. ANYONE ELSE? DEAN? MR. DEAN, CAN YOU EXPLAIN THE PARKING SITUATION FOR THIS PROPERTY? IS IT PAVED AND, UH, HOW MANY VEHICLES YOU ACCOMMODATE AND JUST SOME OF THE, UM, INFORMATION REGARDING THAT? YES, ABSOLUTELY. DO YOU HAVE ANY PICTURES SHOWING? SO THERE IS, UM, A SMALL ROOF ON THE BACK. WELL, IT'S NOT SHOWING THERE, BUT IF YOU PUT MY FIRST PICTURE ON THE PRESENTATION, IT'LL SHOW IT, IT'LL, IT'LL BE INSIDE THE PROPERTY. IT IS GATED AS WELL. AND IT IS NOT PAVED, BUT IT HAS, UM, LIKE THE PEBBLES RIGHT THERE AND ON THE BACK IT'S NOT SHOWING, BUT ON THE BACK THERE'S LIKE A RO A ROOF, SO IT'S COVERED. SO YOU CAN FIT COVERED UNDER THE ROOF, TWO CARS, AND THEN NOT COVERED TWO, THREE CARS. THANK YOU. MM-HMM. , UH, THIS IS IVANIA, UM, TO THE CITY. CAN YOU SHOW A MAP ABOUT HOW MANY ST ARE AROUND, UH, THIS ADDRESS PLEASE? IT LOOKS LIKE THERE'S JUST ONE IN THE, IN THE IMMEDIATE VICINITY. OH, THERE'S A TYPE ONE. SO WE HAVE A TYPE ONE ACROSS THE STREET, AND THEN ON THE OPPOSITE SIDE OF THE BLOCK FACE, THERE'S, THERE'S A TYPE TWO. SO THREE AND ALL THE TWO OTHERS? YEAH. UH, TWO. THERE'S TWO TYPE TWOS AND THEN ONE TYPE ONE. ALRIGHT. ALL RIGHT. ANY OTHER QUESTIONS? ALL RIGHT. SO THANK YOU VERY MUCH. IS THERE ANY VOICEMAILS OR ANYONE SIGNING TO SPEAK ON THIS MATTER? THERE'S NO PUBLIC COMMENT. ALRIGHT, UM, LOOKING FOR A MOTION THEN. REGARDING CASE NUMBER BO OA DASH 24 DASH 3 2 9. I MOVE TO THE BOARD OF ADJUSTMENT GRANT, A SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO SHORT-TERM RENTAL SITUATED AT 3 1 9 BURLESON STREET. APPLICANT BEING ANNA REAL BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS 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 UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE [00:35:01] PUBLIC HEALTH OR SAFETY. THE BOARD FINDS THE REQUEST TO OPERATE IN AN ADDITIONAL SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY, OR WELFARE. THERE'S NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY. B, THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE. THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE A PUBLIC NUISANCE WOULD BE CREATED IF AN ADDITIONAL SHORT-TERM RENTAL PERMIT WAS APPROVED. C THAT NEIGHBORING PROPERTY WILL NOT SUBSTANTIALLY BE INJURED BY SUCH PROPOSED USE. THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY STRUCTURES. THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WILL SUBSTANTIALLY INJURED NEIGHBORING PROPERTIES AS A TYPE TWO SHORT TERM RENTAL. D ADEQUATE UTILITIES, ACCESS, ROADS, STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACILITIES HAVE BEEN OR ARE BEING PROVIDED. THE SUBJECT PROPERTY PROVIDES OFF STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE. E THE APPLICANT OR OWNER FOR THE SPECIAL EXCEPTION, DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES. CONFIRMED CITATIONS OR ADJUDICATED OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITHIN ONE YEAR. PRIOR TO THE DATE OF THE APPLICATION. THE APPLICANT OR OWNER DOES NOT HAVE CONFIRMED CITATIONS OR ADJUDICATED OFFENSES OR CONVICTIONS FOR THIS PROPERTY OR OTHER PROPERTIES. F THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR THE SPECIAL EXCEPTION IS SOUGHT. THE SUBJECT PROPERTY LOCATED IN CLOSE PROXIMITY TO OTHER RESIDENTIAL USES WITH THE PROPERTY OWNER PROVIDING OFF STREET PARKING AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY. THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION END OF MOTION. IS THERE A SECOND? SECOND, SECOND BY COMMISSIONER BOEZ? UH, COMMISSIONER BREGMAN? YEAH. UM, UH, THE TESTIMONY PROVIDED BY THE APPLICANT, UM, SHOWED THAT, THAT, UM, THEY SEEMED TO REALLY DO, UH, BE PROACTIVE AND TAKING CARE OF THE PROPERTIES AND PLANNING AHEAD FOR THE, UH, SAFETY AND COMFORT OF THEIR GUESTS AS WELL AS THE NEIGHBORHOOD. UM, ADEQUATE PARKING APPEARS TO BE IN PLACE SO THAT THERE'S NO, UM, UH, PRESSURE PUT ON, UH, ON STREET PARKING, UH, WHICH WOULD BE LESS APPEALING FOR THE NEIGHBORS. SO, UM, I'LL BE IN SUPPORT OF THE MOTION. COMMISSIONER BOIZ, I'M ALSO GONNA BE IN FAVOR OF THE MOTION. UM, I DO THINK THAT THE, UH, THE APPLICANT HERE, UM, YOU KNOW, I'M REAL BIG ON, ON BACKGROUND CHECKS, YOU KNOW, 'CAUSE I DON'T THINK THE PLATFORMS PERFORM THEM, BUT YOU PROVIDING YOUR, YOUR OWN BACKGROUND CHECKS, UM, AND, AND STICKING WITH THAT AND SAYING THAT YOU'RE GONNA DENY PEOPLE WITH, UM, YOU KNOW, OBVIOUSLY WITH, WITH SOME THINGS THAT SHOULDN'T BE ON THERE IS GOOD. I DON'T LIKE THESE NEAR, NEAR SCHOOLS. UH, I DON'T SEE REALLY A SCHOOL NEARBY AS WELL EITHER. UM, I THINK YOU HAVING THE, THE NOISE THING UNDER CONTROL, UM, YOUR PARKING UNDER CONTROL, YOUR SITE PLAN LOOKS GOOD. UM, I INTEREST THAT YOU'LL, UM, YOU'LL MANAGE THIS PROPERTY WELL. THANK YOU. ALRIGHT, ANYONE ELSE? COMMISSIONER KAPLAN? YEAH, YOU KNOW, UH, ONE OF THE ISSUES, ONE OF THE REASONS WE HAVE THESE LAWS OF ONE PER BLOCK FACE IS TO RETAIN, IS TO MAINTAIN A COMMUNITY FEELING. AND BY, UH, THESE SHORT-TERM RENTALS ARE BASICALLY HOTELS AND YOU'RE, YOU'RE HAVING STRANGERS COME IN AND OUT CONSTANTLY. UH, THE NEIGHBOR ACROSS THE STREET IS OBVIOUSLY NOT KEEN ON THIS. AND, UM, AS A RESULT, I WILL NOT BE VOTING FOR IT BECAUSE I THINK, WELL, IT SOUNDS LIKE YOU'RE A VERY GOOD OPERATOR OF, OF A, UH, HOTEL KIND OF ISSUE. UH, I THINK THAT IT DOES DAMAGE TO THE COMMUNITY. ALRIGHT, ANYONE ELSE? UH, I ALSO WILL NOT BE, UH, VOTING ON THIS, UM, IN THE POSITIVE WAY. AND WITH ME IT'S THIS NA, THIS DIGNITY HILL IS ONE OF THE MOST CONGESTED STR AREAS NEXT TO DISTRICT ONE. UM, AND I THINK THAT THE CODE OF HAVING ONE STR PER BLOCK REALLY PROTECTS THOSE NEIGHBORHOODS FROM BEING INUNDATED BY STR TWOS, WHICH AGAIN, ARE LIKE OUR HOTELS. THANK YOU. ALL RIGHT. ANYONE ELSE? ALL RIGHT. UH, I PERSONALLY DIDN'T TAKE ISSUE WITH THIS PARTICULAR ONE. UH, MOSTLY BECAUSE THIS ENTIRE BLOCK IS THE, IS IS ON THE OUTSKIRTS. EVERYTHING AROUND IT IS EITHER COMMERCIAL, UH, UM, YOU KNOW, OR, OR IT'S, IT'S SOME SORT OF A TRANSPORTATION AREA. IT'S NEXT TO THE HAY, HAY STREET BRIDGE. IT'S A PERFECT AREA IF YOU WANTED AN UBER AROUND THE CITY. UH, AND THE FACT THAT THEY PROVIDE ADEQUATE PARKING, [00:40:01] UH, AND THE NEIGHBOR ASSOCIATION WASN'T OPPOSED, WHICH IS, UH, USUALLY VERY UNUSUAL. UH, I, I WOULD BE, I'LL BE IN FAVOR OF IT. UH, BUT YOU KNOW, WE DO NEED NINE VOTES. SO LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER BRAGMAN, UH, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BONIA. I CONCUR. COMMISSIONER STEVENS? NO. COMMISSIONER IBANEZ? I DO NOT CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER I VASQUEZ? I DO NOT CONCUR. COMMISSIONER KAPLAN? I DO NOT CONCUR. CHAIR ORIAN? UH, I CONCUR THE FINES OF THE FACT. UH, UH, MOTION FAILS. I BELIEVE IT WAS FIVE TO FOUR. OR WAS IT FIVE OR WAS IT FOUR TO FIVE? FOUR TO FIVE. FOUR TO FIVE. SO IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. THANK YOU. THANK YOU. ALL RIGHT, ITEM NUMBER FOUR. GOOD AFTERNOON. ITEM NUMBER FOUR IS BO OA DASH 24 DASH 1 0 3 0 0 2 1 2. THE ADDRESS IS 1 1 1 1 TIGER PATH, ITON CITY COUNCIL DISTRICT FOUR, APPLICANT BEING KEENAN WHITES. AND THE REQUEST IS FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO STR ON THE BLOCK FACE. AND THE CURRENT ZONING IS R FOUR FOR RESIDENTIAL SINGLE FAMILY, AGAIN, THE PROPERTY IS AT 1 1 1 1 TIGER PATH. UH, SURROUNDING USES INCLUDE RESIDENTIAL, SINGLE FAMILY AND A PUBLIC SCHOOL TO THE REAR. UM, THE APPLICANT IS SEEKING, AGAIN, A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO AND PER SECTION 35 DASH 3 74 0.01 OF THE CITY CODE TYPE TWO TR 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 FACE. AND THIS IS THE TYPE TWO DENSITY COUNT. THERE ARE CURRENTLY 17 UNITS ON THIS BLOCK FACE. UH, THERE ARE TWO ACTIVE TYPE TWOS CURRENTLY ON THE BLOCK PHASE BEING AT 10 27 AND 10 23 TIGER PATH. CURRENTLY THE BLOCK FACE IS AT 11.7%. UH, IF THIS ADDITIONAL TYPE TWO IS APPROVED, THE BLOCK FACE WILL BE AT 17.6, WHICH EXCEEDS THAT 12.5% DENSITY FOR TYPE TWO ST. ON SEPTEMBER 16TH, 2024, THERE WAS A CODE INVESTIGATION OPENED FOR OPERATING WITH F-A-S-T-R PERMIT. UH, THE NOTICE OF VIOLATION WAS ISSUED. UM, CURRENTLY THE STATUS IS CLOSED. THE OWNER COMPLIED ON SEPTEMBER 30TH, UH, BY APPLYING FOR A SHORT-TERM RENTAL PERMIT. AND THERE ARE NO ACTIVE LISTINGS. AND THIS IS THE SITE PLAN AND THE SUBJECT PROPERTY. AND THE NEXT COUPLE OF SLIDES ARE THE SURROUNDING AREAS. STAFF RECOMMENDATION FOR THE SPECIAL EXCEPTION STAFF RECOMMENDS A DENIAL OF THE APPLICANT'S REQUEST, AND THIS IS THE NOTIFICATION PLAN. STAFF MAILED OUT 28 NOTICES. WE RECEIVED ONE IN FAVOR, ZERO IN OPPOSITION. UM, AND THE SUBJECT PROPERTY IS NOT LOCATED WITHIN THE BOUNDARY OF A REGISTERED NEIGHBORHOOD ASSOCIATION. AND WE HAD NO RESPONSE FROM ANY OF THE COMMUNITY ASSOCIATIONS EITHER. AND THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. ALL RIGHT, THANK YOU VERY MUCH. UH, HAVE THE APPLICANT COME FORWARD. HELLO, IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE. HI, I AM ALICIA WHITES. UH, ALSO OWNER. MY HUSBAND IS KEENAN WHITES. HE, UM, UH, HE PUT IN THE REQUEST. UM, AND UNFORTUNATELY HE'S NOT HERE TODAY DUE TO MILITARY OBLIGATIONS. HE'S BEEN GONE SINCE, UH, SEPTEMBER AND WON'T BE RETURNING TILL JUNE. UM, I'M SORRY TO BRING MY CHILD HERE, . I, BUT WE ARE THE OWNERS, UH, WE OPERATE IT WHILE HE'S BEEN GONE. HIS, UM, BROTHERS HAVE BEEN HELPING ME WITH ANY MAINTENANCE. NOT THAT THERE'S BEEN A LOT, UM, BUT I GO AND I, UH, BASICALLY RESTOCK AND, AND CLEAN THE PROPERTY AFTER EVERY GUEST. UH, UNFORTUNATELY WE DID NOT KNOW ABOUT THE PERMIT HAD WE KNOWN WE WOULD'VE DONE IT. UM, THE REASON THAT WE DECIDED TO GO THIS ROUTE FOR THE AIRBNB IS, UH, BECAUSE WE NOTICED THERE WAS AN, IN A LOT OF MILITARY FAMILIES WHO WERE GOING TO THE LACKLAND BASIC TRAINING GRADUATIONS. THAT'S WHERE MY HUSBAND IS STATIONED. I AM ALSO A RESERVIST THERE. UM, SO THE [00:45:01] F 16 JETS THAT YOU SEE, THAT'S PART OF OUR UNIT. UM, SO THAT WAS A BIG REASON THAT WE DECIDED TO THE AIRBNB ALSO THE OPPORTUNITY IT AFFORDED US, UM, AT THE TIME. SO, UH, I'M SORRY. UH, WE HAVEN'T HAD ANY, UH, ISSUES WITH IT SO FAR. OUR NEIGHBORS, UH, GLEN AND SARAH HAVE BEEN, THEY UNDERSTAND OUR SITUATION. THEY'VE BEEN VERY SUPPORTIVE. I RECENTLY BECAME A STAY AT HOME MOM. UH, THAT'S WHY I WENT TO THE RESERVES INSTEAD BECAUSE MY HUSBAND, UH, IS, IS GONNA BE GONE FOR SO LONG. UH, 'CAUSE I HAVE TWO KIDS. WE HAVE TWO KIDS. AND SO THIS IS GOING TO, THIS HAS BEEN SUPPLEMENTING, UM, MY INCOME. AND UH, UM, AND, UH, WE, WE USED TO HAVE ANOTHER HOUSE IN CONVERSE THAT WE RECENTLY SOLD, UM, THAT WE'VE BEEN TRYING TO SELL FOR A LONG TIME. THAT ONE WAS A LONG TERM RENTAL AND WE HAD A LOT OF ISSUES WITH IT. UM, UNFORTUNATELY, UH, THE TENANTS THAT WE HAD, THE DAMAGES EXCEEDED OVER 50,000 AND EVEN INSURANCE COULDN'T COVER IT. SO IT WAS A HUGE MONEY PIT. AND THIS AIRBNB, THIS IS WHY WE DECIDED TO MAKE THIS ONE IN AIRBNB, UM, AND FIGURE OUT A DIFFERENT LIVING SITUATION BECAUSE IT HELPED US RECOUP FROM THAT OTHER HOUSE. THANKFULLY, WE SOLD IT BELOW MARKET VALUE, BUT WE SOLD IT SO THAT PROBLEM'S GONE HAP WE'RE HAPPY ABOUT THAT. UM, I'M SORRY, I SAW THE PREVIOUS PERSON PRESENT AND SHE DID A FANTASTIC JOB. SO I FEEL BAD 'CAUSE I DON'T HAVE ANY, UM, PRESENTATIONS FOR YOU. BUT, UM, I, MY HUSBAND'S VERY HANDY. HE, HE WAS A JET. HE'S A JET MECHANIC. SO IT HAS ALL THE FIRE EXTINGUISHERS, IT HAS THE FIRE DETECTORS. IT'S VERY SAFE. UM, AND AS FAR AS, UH, UM, YOU KNOW, THE, THE OTHER TWO HOMES I MENTIONED, THERE WAS A MENTION OF COMMUNITY. UM, I, I'VE TALKED TO OUR NEIGHBORS. THEY, THEY DIDN'T EVEN REALIZE THOSE TWO WERE AIRBNBS. UM, SO, UM, THEY, YOU KNOW, OF COURSE SUPPORTED US. THEY SAID, YOU KNOW, IT DOESN'T INCONVENIENCE US. AND, AND WE'RE VERY, YOU KNOW, MINDFUL OF THEM, OUR HOU OUR HOUSE RULES FOR THE GUESTS AS STATED IN MY, MY HUSBAND ALSO CREATED A PROPERTY, UM, A SHORT TERM LEASE AGREEMENT THAT WE GIVE TO ALL THE AIRBNB GUESTS. AND, UM, IT, IT STATES THE QUIET HOURS BECAUSE WE ARE MINDFUL. I KNOW MY NEIGHBORS, THE NEXT DOOR NEIGHBORS HAVE CHILDREN. I KNOW THE PEOPLE ACROSS FROM US HAVE CHILDREN. UM, AND THERE'S AN ELEMENTARY SCHOOL RIGHT BEHIND US. SO, UM, WE'RE VERY MINDFUL OF THAT. UH, WE HAVEN'T HAD ANY COMPLAINTS. UM, UM, AND, UH, SORRY, I'M TRYING TO THINK IF THERE'S ANYTHING, UH, ELSE TO SAY. UH, LIKE I SAID, I'M VERY, I'M VERY SORRY WE DIDN'T REQUEST THE PERMIT. I REALLY WISH WE WOULD'VE BEFORE WE INVESTED SO MUCH MONEY IN THE FURNITURE AND TIME. SO WE'RE REALLY KICKING OURSELVES IN THE BUTT . AND IT IS NOVEMBER, SO IT WOULD'VE BEEN GREAT FOR BOOKING SEASON. UM, AND, UH, UM, SORRY, I'M TRYING TO THINK OF SOMETHING ELSE. BUT LIKE I SAID, WE HAVEN'T HAD ANY ISSUES WITH, WITH THE COMMUNITY. I GO THERE REGULARLY. I KNOW MY NEIGHBORS. UM, AND SO I, I, I DON'T BELIEVE IT'S AN ISSUE. THEY, THEY, WE ASKED, WE ASKED THEM IF THEY WANTED TO HELP US OUT BY UM, SUBMITTING THE IN FAVOR AND THEY DID. AND SO, UM, I REALLY HOPE THAT YOU CONSIDER HOW THIS WOULD AFFECT OUR FA OUR PERSONAL FAMILY. I, WE'RE NOT PROPERTY MANAGERS. THIS IS OUR ONLY INVESTMENT PROPERTY AT THE MOMENT AFTER WE SOLD THE OTHER HOUSE. AND THEN WE HAVE OUR OWN HOME THAT WE LIVE IN. UM, SO THAT I ACTUALLY RENT OUT FROM MY GRANDMOTHER TO HELP WITH THIS . SO, UM, UH, LIKE I SAID, FOR LONG-TERM RENTAL, IT JUST SCARES US BECAUSE WE'VE HAD TWO TENANTS THAT DID NOT, UM, HELP US OUT AT ALL. OR I'M SORRY, THAT JUST MADE DAMAGES. AND, UM, IT WAS, THANKFULLY MY HUSBAND WAS ABLE TO REPAIR THOSE DAMAGES. BUT HAD WE HAD TO PAY SOMEBODY, I DON'T KNOW WHAT WE WOULD'VE DONE. UM, AND UH, LIKE I SAID, IT WAS, IT WAS 50,000. LIKE THEY, IT WAS A LOT. UM, IF THERE'S ANY QUESTIONS THAT YOU HAVE, I'D BE REALLY HAPPY TO HAVE THE OPPORTUNITY TO ADDRESS THEM. UM, I'M SORRY THAT MY HUSBAND COULDN'T BE HERE. UH, HE WOULD'VE HAD A BETTER PRESENTATION, I THINK. UM, AND UH, IF THERE'S ANYTHING I CAN DO TO CHANGE YOUR MINDS, I PLEASE WOULD LIKE THE OPPORTUNITY. OKAY. UH, I'LL START OFF. UM, I, I NOTICED THAT YOU PURCHASED THE HOME IN APRIL OF 2020. SO SINCE THEN, WERE YOU LIVING THERE OR RENTING IT OUT? YES, WE STARTED RENTING IT IN. UM, SO, SO WE MOVED OUT OF IT IN JANUARY OF 20. SORRY, I HAD MY FIRST SON IN 22, SO IT MUST HAVE BEEN 2023. JANUARY OF 2023 THAT WE MOVED OUT OF IT. WE DID NOT GET IT READY UNTIL PROBABLY, UH, I WANNA SAY IT WAS PAST SPRING BREAK. SO PAST MARCH, UM, OF, [00:50:01] I GUESS THE FOLLOWING YEAR. SO 23, 20 20, 20 23. YEAH. YEAH. SO IT WAS PAST MARCH OF 2023. UM, AND, UH, BUT WE, WE, WE LIVED IN IT. MY HUSBAND, UM, FI FIXED IT UP. IT WAS A LITTLE BIT, UH, JUST NEEDED SOME, SOME LOVE, YOU KNOW, IT WAS A LITTLE WELL LOVED. SO, BUT YOU, BUT YOU DID, UH, ATTEMPT TO RENT IT OUT LONG TERM AND YOU HAD ONE LONG TERM RENTER AT NO, WE, WE DID NOT ATTEMPT TO RENT IT OUT MOSTLY BECAUSE IT HAS A POOL AND SO WITH THE CONSEQUENCES WE HAD WITH THE OTHER HOME, IT, WE THOUGHT IT WOULD BE TOO MUCH OF A, A LIABILITY IF WE WERE RENT TO RENT IT OUT LONG TERM WITH SO YOU'VE BEEN DOING SHORT TERM SINCE, SINCE APRIL OF 23? YES. OKAY. AND, UM, STAFF HAS HAVE, HAVE THEY ATTEMPTED TO PAY THE HOT TAXES THAT ACCUMULATED SINCE THAT TIME? MR. CHAIR, SINCE THEY DON'T HAVE A, SINCE THEY DIDN'T HAVE A PERMIT, WE DON'T KNOW IF THEY HAD AN HOT ACCOUNT ON FILE. SO WE CAN'T CONFIRM IF THEY EVER MADE PAYMENTS. OKAY. THOSE MONTHS. ALRIGHT. UH, COMMISSIONER BRAGMAN. UM, SO THE APPLICANT SAID THAT THERE WAS TWO, UM, LETTERS IN FAVOR FROM NEIGHBORS, BUT I'M NOT SEEING ANY. HAVE YOU RECEIVED THOSE? WE, UM, WE RECEIVED ONLY ONE NOTICE IN FAVOR. ALL RIGHT. RIGHT NEXT DOOR. UH, WHAT IS BEHIND YOU? THE ELEMENTARY SCHOOL. OKAY. ALRIGHT. UH, ANY OTHER COMMISSIONER QUESTIONS? COMMISSIONER EZ EZ? UM, AS FAR AS BACKGROUND CHECKS, DO YOU GUYS PROVIDE ANY, ANY ADDITIONAL BACKGROUND CHECKS OTHER THAN WHAT A, WHAT A PLATFORM WOULD PROVIDE? UM, THAT'S WHERE I THOUGHT SHE DID A REALLY GOOD JOB 'CAUSE I HAD NEVER THOUGHT ABOUT THAT. AND THAT'S A GREAT IDEA AND SOMETHING THAT I WOULD LOVE TO DO. I, UM, I WOULD LOOK INTO IT IF THAT'S SOMETHING THAT WOULD BE ASKED OF US. AND I UNDERSTAND 'CAUSE YOU KNOW, IT'S, UH, A RESIDENTIAL AREA AND THERE'S A SCHOOL THERE AND I THINK THAT SOUNDS LIKE A GREAT IDEA. I DID NOT KNOW PEOPLE DID THAT. UM, UH, AS FAR AS WHO I LET, LIKE MOST OF OUR GUESTS HAVE BEEN FAMILIES MAJORITY THE BASIC TRAINING GRADUATES, THEY'RE FAMILIES WHO COME FROM ALL OVER TO SEE THEIR BASIC TRAINING GRADUATIONS. UM, UH, BESIDES THAT, IT'S REALLY JUST BEEN FAMILIES WHO HAVE GONE TO SEA SEAWORLD. UM, BUT TO ANSWER YOUR QUESTION, I, NOT THAT I KNOW OF OTHER THAN I JUST, I'VE BEEN LOOKING AT THEIR REVIEWS AND I HAVE DENIED PEOPLE BEFORE BECAUSE I KNOW THE RISKS OF WHAT PEOPLE CAN DO TO YOUR PROPERTY. UM, BUT TO ANSWER YOUR QUESTION, UNFORTUNATELY, I, I DON'T BELIEVE WE'RE DOING ANYTHING LIKE THAT, BUT IT'S SOMETHING I I WOULD DEFINITELY DO IF IT'S ASKED ON AVERAGE, UM, FROM THE GUESTS YOU HAVE HAD STAY THERE, WHAT'S THE, I GUESS, AVERAGE LENGTH OF STAY? UM, THE BASIC TRAINING GRADUATIONS ARE USUALLY FROM WEDNESDAY UNTIL, UH, SUNDAY, SO THAT'S OUR BIGGEST AMOUNT OF TIME. AND THEN THERE'S HOLIDAYS, BUT OTHER THAN THAT, UM, THEY REALLY JUST STAY, UH, MAYBE, UH, A LONG WEEKEND OR FOR THE HOLIDAYS. UM, BUT UH, THAT'S USUALLY THE AVERAGE IS, IS THE, THE, THE LONGER WEEKENDS. AND THEN IF THERE'S THE BASIC TRAINING GRADUATIONS. GOTCHA. OKAY. 'CAUSE THERE'S, YOU KNOW, LONG TERM RENTALS LIKE YOU GUYS HAVE EXPERIENCED, OF COURSE, UH, THERE'S SHORT TERM WHAT YOU'RE TRYING TO APPLY FOR HERE. THERE'S SOMETHING IN THE MIDDLE, IT'S LIKE A, A MIDTERM RENTAL. IT'S LIKE 30 DAYS PLUS WHERE YOU DON'T EVEN NEED AN STR PERMIT OR ANYTHING LIKE THAT. UH, MAYBE SOMETHING TO CONSIDER IN THE FUTURE. UM, THAT'S IT. UM, THIS IS IVANIA FOR THE CITY. CAN I SEE AGAIN THE, A MAP TO SHOW OTHER STR IN THAT NEIGHBORHOOD? I DON'T THINK DISTRICT FOUR IS ONE THAT HAS AN OVERFLOW OF ST IN THEIR NEIGHBORHOOD, LIKE DISTRICT ONE AND DISTRICT TWO. I JUST WANT TO CHECK AND SEE WHAT'S, WHAT'S GOING ON IN THAT NEIGHBORHOOD. OKAY, THANK YOU. ANY OTHER COMMISSIONER QUESTIONS? UH, LET THE RECORD SHOW THAT COMMISSIONER MANNA JOIN THE MEETING AT 1:38 PM UM, IF THERE'S, I UNDERSTAND THERE'S NO VOICEMAILS OR ANYONE TIME [00:55:01] TO SPEAK ON THIS MATTER, NO PUBLIC COMMENT. ALRIGHT. ALRIGHT. SO WHAT WE'RE GONNA DO AT THIS POINT IS, UH, WE WILL LOOK FOR A MOTION AND WE'LL SEE HOW THIS TURNS OUT. UH, WHO WOULD LIKE TO MAKE A MOTION ON THIS CASE? EZ COMMISSIONER EZ REGARDING CASE NUMBER BO OA TWO FOUR ONE TEN THREE ZERO ZERO TWO ONE TWO. I MOVED THAT THE BOARD OF ADJUSTMENT GRANTED SPEC, SPECIAL EXEMPT EXEMPTION TO ALLOW FOR ONE TYPE TWO SHORT TERM RENTAL SITUATED AT 1111 TIGER PATH APPLICANT BEING, UH, KEENAN WHITES BECAUSE THE TESTIMONY PRE PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS IN SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXEMPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC'S, UH, HEALTH OR SAFETY. THE BOARD FINDS THAT THE REQUEST TO OPERATE AN ADDITIONAL SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC'S, UH, 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 EXEMPTION DOES NOT CREATE A PUBLIC NUISANCE. THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE A PUBLIC NUISANCE WOULD BE CREATED IF AN ADDITIONAL SHORT TERM RENTAL PERMIT WAS APPROVED. C THE NEIGHBORING PROPERTY WILL NOT, UH, BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. UM, THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY STRUCTURES IN A PUBLIC SCHOOL. THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WILL SUBSTANTIALLY INJURE NEIGHBORING PROPERTIES AS A TYPE TWO SHORT TERM RENTAL. D, ADEQUATE UTILITIES, ACCESS, ROADS, STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACULTIES HAVE BEEN OR OR BEING PROVIDED. THE SUBJECT PROPERTY PROVIDES OFF STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE. E THE APPLICANT OR OWN O OR OWNER FOR THE SPECIAL EXEMPTION DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES, CONFIRMED CITATIONS OR ADJUDICATED OFFENSES. CONVICTIONS, UH, FOR VIOLATIONS OF CHAPTER 16, ARTICLE, UH, 12 OF THE CITY CODE WITHIN ONE YEAR PRIOR TO THE DATE OF APPLICATION, THE APPLICANT OR OWNER DOES NOT HAVE PREVIOUSLY REVOKED LICENSES, CONFIRMED CITATIONS OR ADJUDICATED OFFENSES OR CONVICTIONS FOR THIS SUBJECT PROPERTY AS THEY ONLY RECEIVED A NOTICE OF VIOLATION FOR OPERATING WITHOUT A PERMIT AND SUBMITTED AN STR APPLICATION SHORTLY AFTERWARDS. F THE SPECIAL EXEMPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH A SPECIAL EXEMPTION IS BEING SOLD. THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO OTHER RESIDENTIAL WITH THE PROPERTY OWNER PROVIDING OFF STREET PARKING AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY. THE SPECIAL EXEMPTION DOES NOT APPEAR TO ALTER THE, ALTER, THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING A SPECIAL EXEMPTION IN A MOTION. IS THERE A SECOND? SECOND. SECOND BY COMMISSIONER BRACKMAN. COMMISSIONER BONIS? UH, I'M GONNA BE OPPOSED TO THIS ONE. UH, MAINLY BECAUSE OF ITS PROXIMITY TO AN ELEMENTARY SCHOOL. UM, IT, IT'S VERY, VERY CLOSE. PLATFORMS LIKE AIRBNB, VRBO DON'T, YOU KNOW, PROVIDE REAL INDEPTH BACKGROUND CHECKS FOR SEX OFFENDERS OR VIOLENT OFFENDERS OR ANYTHING LIKE THAT. SO I THINK IT DOES ENDANGER, UM, THE NEIGHBORHOOD BY ALLOWING ANYBODY TO BE THERE. UM, AND, AND MAINLY BECAUSE I THINK IT HAS BEEN OPERATING AS AN STR AND, AND HASN'T HAD A PERMIT. COMMISSIONER BRAGMAN, I'M AFRAID I'M GONNA HAVE TO AGREE WITH MY COLLEAGUE. I NORMALLY ARE IN SUPPORT BECAUSE I FEEL LIKE IF YOU OWN A PROPERTY, YOU HAVE PRIVATE PROPERTY RIGHTS, BUT, UM, IT IS IN CLOSE PROXIMITY TO SCHOOL. UM, AND ALTHOUGH THE NEIGHBORS HAVE NOT COMPLAINED AND THEY'VE BEEN VERY SUPPORTIVE, UM, I JUST DON'T FEEL LIKE IT CAN SUPPORT THIS. BUT I UNDERSTAND YOUR PLIGHT WITH THE LONG-TERM RENTERS. I'VE BEEN THERE, JUST SOLD MY LAST RENTAL PROPERTY. GOOD RIDDANCE, BUT I'M SORRY I CAN'T SUPPORT THIS. ALL RIGHT. ANYONE ELSE LIKE TO ADD, UH, HEARING NOW THIS HAVE A ROLL CALL VOTE PLEASE. COMMISSIONER EZ. I DO NOT CONCUR. COMMISSIONER BRAGMAN? I DO NOT CONCUR. COMMISSIONER STEVENS? I DO NOT CONCUR. COMMISSIONER IBANEZ? I DO NOT CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER MANNA ABSTAIN. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER KAPLAN? I DO NOT CONCUR. CHAIR ORIAN AND I DO NOT CONCUR. UH, MOTION FAILS. UM, SIX TO THREE WITH ONE EXTENSION. UH, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. THANK YOU. ALL RIGHT, ITEM NUMBER FIVE. [01:00:06] ALL RIGHT, ITEM NUMBER FIVE, BO OA 24 1 0 3 0 0 1 6 8. ADDRESS, 3 2 8 EAST SUNSET ROAD COUNCIL DISTRICT 10. UM, JOHNNY CANAVAN HONES REQUEST A 10 FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW A 10 FOOT REAR SETBACK ON SEVEN LOTS. SONY IS R FIVE. SUBJECT PROPERTY IS LOCATED ALONG EAST SUNSET ROAD, WEST OF NORTH NEW BRAUNFELS AVENUE. LOCATED WITHIN THE OAK PARK NORTHWOOD NEIGHBORHOOD ASSOCIATION. THE APPLICANT IS PROPOSING A DEVELOPMENT OF SEVEN HOMES EACH ON THEIR OWN LOT, UH, WITH EACH REQUESTING A 10 FOOT REAR SETBACK VARIANCE AND A 10, UH, THAT WAS ELIMINATED. THE ADDRESS HAD A PRIOR BOARD OF ADJUSTMENT APPLICATION IN DECEMBER, 2023, BUT WAS WITHDRAWN WITH BEFORE CONSIDERATION. AND THERE'S THE SITE PLAN, SUBJECT PROPERTY SURROUNDING AREA STAFF RECOMMENDATION FOR THE REAR SETBACK VARIANCE STAFF RECOMMENDS APPROVAL AND BOA 24 1 0 3 0 0 1 6 8 BASED ON THE FOLLOWING FINDINGS OF FACT, THE SUFFICIENT SPACE WILL REMAIN IN THE REAR SETBACK TO PROVIDE AMPLE SPACE FROM NEIGHBORING PROPERTIES FOR THE PURPOSES OF FIRE SAFETY AND WATER RUNOFF. AND TWO, THE PROPOSED VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTIES ARE LOCATED. WE MAILED OUT 82 NOTICES IN FAVOR. 11 AND OPPOSITION 12 IN FAVOR OUTSIDE 200 FEET ONE AND IN OPPOSITION OUTSIDE. 200 FEET FOUR. AND THEN THE OAK PARK NORTHWOOD NEIGHBORHOOD ASSOCIATION RESPONDED AS NEUTRAL. AND THIS WAS THAT FROM BEFORE. AND THEN WE HAVE A BUNCH PROBABLY CLICK THROUGH PRETTY FASTER. AND THAT CONCLUDES STAFF PRESENTATION. APPLICANT'S AVAILABLE, LET HAVE THE APPLICANT COME FORWARD. PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. GREGORY RUBA, IT'S A PROJECT OF SEVEN HOUSES WE'RE TRYING TO BUILD. I'M THE REALTOR, NOT THE BUILDER, UNFORTUNATELY WITH ALL THE RAIN HE HAD TO GOT CALLED OUT ON A JOB. SO I'VE COME HERE TO TALK. WHAT I CAN SAY IS WE'VE TURNED MOST OF THE OPPOSITIONS INTO FAVORING THE ONES THAT ENCIRCLE THE PROPERTY. ALL WE'RE TRYING TO DO IS GET THE MASTER DOWNSTAIRS, LIKE ALL THE OTHER PROPERTIES THAT HAVE BEEN BUILT AROUND IT AND IN FRONT OF IT. AND THAT NEW SUBDIVISION HAVE A 10 FOOT SETBACK SO THEY CAN KEEP THE MASTERS DOWN. YOU KNOW, TO KEEP THE, THE HEIGHT DOWN. WE HAVE, WE CAN GO TO 35 FEET. WE'RE TRYING TO KEEP IT UNDER 28 AS PER WHAT WE PROMISED MOST OF THE NEIGHBORS WHO ARE IN FAVOR OF IT. WE'VE ALSO PUT A SHRUB AND FENCE REQUIREMENT TOGETHER THAT WE HAVE SHOWN ALL THE NEIGHBORS. AND AS YOU CAN WELL SEE, WHEN WE FIRST STARTED THIS, WE HAD A LOT OF OPPOSITIONS AND NOT A LOT OF GREEN CHECK MARKS. SINCE THEN, WE'VE MET WITH THE HOMEOWNERS ASSOCIATION SEVERAL TIMES. WE'VE HAD THREE MEETINGS ON THE PROPERTY AND HAVE TALKED TO ALMOST TO ALL THE HOMEOWNERS. OUR BIGGEST OPPOSITION ARE THE APARTMENTS, THE CONDOMINIUMS, THE GEORGIAN, AND BASICALLY THEY HAVE REALLY NO VIEW OF THE PROPERTY WHATSOEVER. THEY'RE ALL FACING A DIFFERENT DIRECTION AND THEIR PROPERTY ABUTS OUR PROPERTY RIGHT UP TO THE PROPERTY. SO WE, WE, WE SPENT A LOT OF TIME TALKING TO THE NEIGHBORS AND WE'RE NOT ASKING FOR ANYTHING THAT'S UNUSUAL AROUND THE PROPERTY. ALL THE NEW SUBDIVISIONS OF ONE ACROSS THE STREET HAS A 10 FOOT SETBACK. ALMOST ALL THE HOUSES BUILT AROUND THE PROPERTY ON BOTH SIDES HAVE 10 FOOT SETBACKS. SO ALL WE'RE TRYING TO DO IS CONFORM MORE WITH THE NEIGHBORHOOD AND NOT TRY TO BUILD THESE REAL TALL THREE STORY HIGH BALCONY KIND OF HOUSE THAT EVERYBODY ELSE, UH, BY NOT GETTING THIS, IT WILL NOT CAUSE US A HARDSHIP. WE'RE JUST TRYING TO HELP THE NEIGHBORS BEHIND US [01:05:01] AND THE NEIGHBORS IN FRONT OF US. ALL RIGHT. UM, OPEN FOR ANY QUESTIONS AND I APPRECIATE Y'ALL SEEING ME TODAY. ARE THERE ANY COMMISSIONER QUESTIONS? MANNA, KAPLAN, KAPLAN, AND THEN MANNA. ALRIGHT, I JUST HAVE A QUESTION. YOU SAID THAT YOU COULD BUILD, YOU'RE DOING THE SET, YOU'RE ASKING FOR THIS VARIANCE BECAUSE YOU WANNA PUT THE MASTER BEDROOM DOWNSTAIRS? YES MA'AM. SO YOU'RE SAYING IF YOU PUT THE MASTER BEDROOM UPSTAIRS, YOU WOULDN'T NEED THE VARIANCE AND YOU COULD BUILD AS A RIGHT? YEAH, WE COULD BUILD EITHER WAY. I MEAN, IT'S JUST GONNA CHANGE THE HOUSE. WHAT'S GONNA HAPPEN IS THE HOUSE WILL BE TALLER BECAUSE PUTTING THE MASTER BEDROOM UPSTAIRS PROBABLY REQUIRES A HIGHER CEILING THAN PUTTING KID BEDROOMS OR A, YOU KNOW, A LITTLE DEN UPSTAIRS. SO WHAT WE'RE TRYING TO DO IS NOT HAVE BACK BALCONIES AND KEEP THE WINDOWS TO A MINIMUM IN THE BACK. OH. AND THAT'S WHAT, IF WE'VE WALKED TO EVERY HOUSE I HAVE PERSONALLY AND GONE IN AND SEEN THEIR BACKYARD AND ASKED ABOUT THEIR CONCERNS. THEIR CONCERNS ARE THE WINDOWS AND WHAT KIND OF SHRUB ARE WE GONNA PUT UP TO COVER THAT. I MEAN, THEY'RE AT 10 FOOT FROM OUR FLINE. I MEAN, AND THEY DID THE SAME THING. SO THEIR MASTERS WOULD BE DOWN AND YOU WOULDN'T HAVE PARENTS LOOKING RIGHT OVER, I MEAN, OR PEOPLE WE'RE TRYING. AND A LOT OF THESE PEOPLE THAT BUY THESE HOUSES PROBABLY WON'T EVEN USE THE UPSTAIRS. SO WE'RE TRYING TO MINIMIZE THE SIZE OF THE UPSTAIRS. WE'RE BASICALLY BUILDING ONE AND A HALFS ONE WITH HALF UPSTAIRS, YOU KNOW, TWO OR THREE BEDROOMS. THAT'S IT. WE'RE NOT TRYING TO TAKE THE HOLE. SO THE, THE HOUSE WILL WHOLE HOUSE WILL NOT BE LOOKING RIGHT OVER THEIR BACKYARD. UH, JUST AS CURIOUS. SO WILL THERE BE A FENCE BETWEEN YOU, YOU 10 FOOT SETBACK BETWEEN YOU AND THE NEIGHBOR? IS THERE GONNA BE A FENCE THERE OR, YEAH, IT'S ALREADY FENCED UP, MAN. IT'S ALREADY FENCED UP. WE'RE GONNA, WE, WE PUT A SHRUB PLAN TOGETHER, WHICH I HAD TOOK TO EVERY NEIGHBOR AND THEY ALL AGREED AND LIKED IT. WE TOLD 'EM WHAT WE WERE GONNA PLANT. YOU KNOW, IF I ASKED THEM WHAT SIZE FENCE THEY FEEL COMFORTABLE WITH, THEY HAVE A EIGHT FOOT FENCE NOW. THEY'RE ALL COMFORTABLE WITH IT. I MEAN, THE TRULY THE ONLY PEOPLE IN OPPOSITION ARE THE CONDOS. AND THEY, THEY DON'T EVEN FACE THAT WAY. I MEAN, THEY GO EAST TO WEST, YOU KNOW, WE GO EAST TO WEST, WE GO NORTH TO SOUTH, AND I JUST DON'T FEEL LIKE IT'S A HEART. THEY'RE COMPLAINING OVER HARDSHIP. WE CAN'T FIX. I MEAN, I TALKED TO 'EM, I SAT DOWN WITH 'EM, WENT OVER THERE. THE HOA IS REALLY FOR US, BUT BECAUSE OF THE APARTMENT COMPLEX, IF YOU LOOK AT ALL THE MAJORITY OF THE PEOPLE AGAINST US. THERE'S 11, I THINK SIX OF 'EM ARE, ARE THE CONDOS. THE REST ARE PEOPLE THAT AREN'T REALLY AFFECTED TO, WE CONCENTRATED ON GETTING THE PEOPLE THAT WERE BEHIND US. THERE'S ONE GUY THAT HAS A LOT, AND HIS HOUSE IS PROBABLY, THESE LOTS ARE LONG, HALF ACRE LOTS. HE'S 30, 40 FEET FROM THAT BACK FENCE, SO IT REALLY WOULDN'T AFFECT HIM EITHER. BUT ALMOST ALL THE HOUSES, THE ONES THAT, THERE WAS NOBODY AGAINST US THAT ARE REALLY THE HOUSES BACK UP TO THOSE FENCES. I FEEL LIKE WE TRIED AND DID EVERYTHING WE COULD TO TALK TO THE NEIGHBORS. I MEAN, WE TURNED, ALMOST EVERYBODY THAT HAD A HOUSE BEHIND US WAS EITHER NEUTRAL OR AGAINST. AND NOW IF YOU SEE AROUND THE BOX, THERE ARE NO REALLY ANYBODY THAT BACKS UP. I MEAN, THAT GENTLEMAN, THE TWO LOTS THERE, HE HAS JUST SOME SMALL PIECE. I MEAN, HIS HOUSE IS WAY UP ON TERRA. SIR, WE NEED YOU TO SPEAK INTO THE MICROPHONE. OH, I'M SORRY. HIS HOUSE IS ALL THE WAY UP ON TERRA AL TO BOTH THOSE TWO RED LINES. THERE'S A LASER POINTER THERE IF YOU, IF YOU WANT TO EMPHASIZE A SPECIFIC LOCATION. I DON'T KNOW HOW TO DO THAT LIKE THAT. THAT'S OKAY. IT'S REALLY EASY. I'M OLD . IT'S A LITTLE BIT, HOW DOES IT WORK? THERE'S A LITTLE FUN RIGHT HERE. OH, ON THE EDGE RIGHT THERE. PUSH THAT DOWN. HEY, THANK Y'ALL FOR BEING PATIENT. THIS, THIS GENTLEMAN HERE. I MEAN, HIS HOUSE IS ABOUT RIGHT. YOU SPEAKING TO THE MIC'S THERE. OH, THANK Y'ALL. UH, HIS HOUSE IS WAY UP HERE. I MEAN, THIS MAN GENTLEMAN'S IS WAY UP HERE. THE TRULY PEOPLE THAT ARE AFFECTED, THESE TOWN HOMES THAT YOU SEE, THEY'RE WAY BACK OVER HERE. THIS ONE OPPOSITION IS ACROSS THE STREET ON SUNSET. WE CONCENTRATED ON ALL THESE HOUSES HERE THAT ARE REALLY AFFECTED. THIS GENTLEMAN WASN'T AGAINST IT. THESE TWO GENTLEMEN WOULD'VE BEEN, AGAIN, THEY DON'T WANT ANYTHING BUILT ON THAT. SO THERE WAS NOTHING WE COULD DO THERE. THIS GENTLEMAN'S, YOU KNOW, NOT WITHIN EVEN THE VIEW OF THE PROPERTY. SO WE DID CONCENTRATE THIS PEOPLE, THEY'RE NEUTRAL. THEY SAID THEY'RE HAPPY FOR US. THEY JUST DIDN'T WANT TO BOTHER TO FILL OUT THE FORM. THE SAME WITH THIS GENTLEMAN HERE. HE JUST SAID, MORE POWER TO YOU. WE'D LOVE TO HAVE YOU, BUT DIDN'T FILL OUT THE PROCESS. OKAY. COMMISSIONER MANON. YEAH, I WAS JUST GONNA FOLLOW UP. SO DID YOU HAVE ANY SUPPORTING DOCUMENTS WITH REGARDS TO THOSE [01:10:01] CONVERSATIONS WITH THOSE NEIGHBORS THAT NO, BUT I HAVE ALL THE, I HAVE THE PEOPLE THAT CHANGED THEIR MIND HERE. I CAN. SO ARE, IS THAT REFLECTED CURRENTLY IN THE MAP HERE? YES. IT'S REFLECTED CURRENTLY IN THE MAP. OKAY. IF YOU SAW BEFORE, I MEAN, IT WAS, EVERYBODY WAS IN AN UPROAR. I MEAN, BASICALLY THEY WANTED US TO TALK TO US AND WE HAD THREE MEETINGS OUT THERE ON THE PROPERTY. OKAY. THANK YOU. THANK YOU, MR. ALL RIGHT. ANY OTHER QUESTIONS? HEARING NONE. IS THERE ANY, UH, ONE SIDED SPEAK? NO PUBLIC COMMENT. ALL RIGHT. WHAT'S THAT? YEAH. UM, WELL, THANK YOU. WE'RE GONNA HAVE A MOTION AS ALL THIS TURNS OUT. I WANT TO THANK YOU ALL EITHER WAY. I'LL DO A MOTION THIS. ALRIGHT, COMMISSIONER KAPLAN, REGARDING CASE NUMBER BO A 1 3 0 0 1 6 8, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT. GRANT A REQUEST FOR 10 FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW A 10 FOOT REAR SETBACK ON, ON SEVEN LOTS SITUATED AT 3 28 EAST SUNSET ROAD. APPLICANT BEING JOHNNY CANAVAN HOLMES, LLC. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE REAR SETBACK VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. A SUFFICIENT SPACE WILL EXIST BETWEEN NEIGHBORING PROPERTIES AND STRUCTURES, AND THIS DEVELOPMENT LAYOUT IS NOT UNCHARACTERISTIC FOR THE NEIGHBORHOOD IN WHICH THESE PROPERTIES ARE LOCATED. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE REAR SETBACK ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD NEED TO SIGNIFICANTLY REDUCE THE LIVING SIZE OF THE HOMES ON ALL SEVEN LOTS TO ADJUST TO THE REAR SETBACK REQUIRED. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED REAR SETBACK VARIANCE APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE AS THE LOTS CAN MAINTAIN A SINGLE FAMILY DWELLING AND NO OTHER FACTORS EXIST THAT PREVENT ACCOMMODATION FOR A REDUCED REAR SETBACK. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE CONT IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THAT THE REAR SETBACK, UH, VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES AS THE VARIANCE DOES NOT APPEAR TO BE DIRECTLY IMPACT ANY NEIGHBORING PROPERTIES. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY IS THAT THE RESTRICTIONS ON AVAILABLE LIVING SPACE SHOULD OCCUR IF ARREAR SETBACK VARIANCE IS NOT GRANTED. END OF MOTION. SECOND. SECOND BY COMMISSIONER. I'LL GIVE IT TO BO THIS TIME. UH, COMMISSIONER KAPLAN? YEAH, I'LL, I'LL BE IN FAVOR OF THIS. UM, I KNOW YOU'VE BEEN HERE A NUMBER OF TIMES AND I KNOW THAT WE'VE PUT YOU THROUGH A LOT OF RIGAMAROLE AND YOU'VE MET QUITE A FEW TIMES TO CALL THE NAB AND TO DISCUSS WHAT THE NEIGHBORS, WHAT THEY NEED AND TO MEET THEIR REQUIREMENTS. AND WHILE THERE ARE SOME NEIGHBORS WHO OBVIOUSLY WILL NEVER WANNA SEE ANY DEVELOPMENT GO ON, UM, THE FACT THAT YOU DID SO MUCH WORK AND YOU DID GET MOST OF THE NEIGHBORS WHO ARE ADJACENT TO APPROVE, AND THE FACT THAT THE STAFF APPROVES THIS, UH, MAKES ME WANT TO SAY YES TO YOU. COMMISSIONER BOICE. YEAH. I'M ALSO GONNA BE IN FAVOR OF THIS. UH, I THINK YOU GUYS HAVE, UH, YOU KNOW, DONE, DONE YOUR, DONE YOUR HARD WORK HERE. YOU, YOU'VE GOTTEN, UH, PEOPLE TO, UM, TO BE IN FAVOR OF IT. THIS IS ALSO COMMON IN THIS AREA. YOU KNOW, YOU GOT SUNSET V VILLAS ACROSS THE STREET WITH A SMALL SETBACK. YOU GOT SUNSET COURT, THE STREET OVER WITH SHORT SETBACKS. UH, YOU GOT A NEW DEVELOPMENT DOWN THE STREET, ESCONDIDO PLACE, WHICH ALSO HAS A SHORT SETBACK. SO IT, IT IS PRETTY COMMON IN THIS AREA AND, AND I DON'T SEE IT, UH, DISRUPTING THE NEIGHBORHOOD OR, OR ANYTHING THERE. ANYONE ELSE LIKE TO ADD? UH, I JUST LIKE TO ADD THAT BECAUSE THE NEIGHBORHOOD ASSOCIATION WAS NOT OPPOSED AND THEY'RE QUITE VOCAL WHEN THEY ARE. UH, THE FACT THAT THEY'RE NOT OPPOSED, UH, MAKES ME, UH, IN SUPPORT AS WELL. ALL RIGHT. ANYONE ELSE? OKAY, I'M GONNA CHIME IN. UH, I'M NOT A FAN OF THIS, UH, AND I'M NOT A FAN OF IT BECAUSE I COMPLETE, I THINK THEY'RE COMPLETELY CIRCUMVENTING THE, UH, ZONING CODE. THIS IS ZONE R FIVE, THE DEVELOPMENT ACROSS THE STREET. UM, ALSO DID SOMETHING SIMILAR WHERE THEY PURSUED A LOT OF IDZ TYPE THINGS WITH US, BUT THEY HEAVILY COORDINATED WITH THE COUNCILS DISTRICT, EVERY SINGLE NEIGHBOR OVER THE COURSE OF ALMOST A YEAR BECAUSE THEY DIDN'T WANT TO SET A PRECEDENT. UH, THIS APPLICA, THIS PROPERTY AND APPLICA APPLICANT DID NOT DO THAT. UH, AND THE ONLY THING THAT'S KEEPING THIS FROM NOT LOOKING LIKE AN IDZ IS THESE REAR SETBACKS. AND I'M [01:15:01] NOT GOING TO, I'M NOT GONNA JUST, UM, TAKE THE ONLY THING THAT'S THAT'S MAKING THIS SEEM LIKE IT'S WHAT IT'S ZONED FOR. UM, BECAUSE THEY ALREADY HAVE ALL THE OTHER, UH, UH, BENEFITS OF, OF EITHER THROUGH ERROR OR THROUGH VARIANCES OF, OF HAVING EVERYTHING BE DONE. LIKE IT WAS AN I EASY Z DEVELOPMENT AND I'M JUST NOT A FAN OF IT. SO, I MEAN, I'D GO DOWN TO A 15 FOOT SETBACK, BUT I'M, I'M NOT GONNA GO DOWN TO A 10, SO I'LL LEAVE IT AT THAT. ANYBODY WANNA MAKE, WOULD YOU LIKE TO MAKE, UH, OFFER A FRIENDLY MEMO TO MAKE IT 15 OR, OR NOT? I COULD DO THAT BECAUSE I I THINK THAT SOUNDS LIKE A REASONABLE REASON. UH, I WOULD SAY A 15 FOOT SETBACK THEN AS A FRIENDLY AMENDMENT. IS THAT ACCEPTED BY COMMISSIONER BON? I ACCEPT. ALL RIGHT, SO THIS MOTION'S BEEN AMENDED TO GO DOWN TO A 15 FOOT SET, A FIVE FOOT VARIANCE TO ALLOW A 15 FOOT SETBACK. SO ROLL CALL, VOTE PLEASE. COMMISSIONER KAPLAN, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BONILLA, I CONCUR WITH THE FINDINGS OF THE FACT. COMMISSIONER STEVENS. I CONCUR. COMMISSIONER YBANEZ? I CONCUR. COMMISSIONER DEAN, I DO NOT CONCUR. COMMISSIONER GOMEZ? I DO NOT CONCUR. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER VASQUEZ, I DO NOT CONCUR. CHAIR ORIAN. UH, I CONCUR WITH THE FINDINGS OF FACT. UH, BUT MOTION FAILS. UH, SEVEN TO THREE. IS THERE ANY ONE ON THE PREVAILING? I I DON'T KNOW WHAT ELSE THEY COULD DO ABOUT IT, BUT, UH, SO SIR, IF YOU COULD PLEASE GET WITH STAFF IF YOU HAVE ANY QUESTIONS. THANK YOU ALL. THANK YOU. ALL RIGHT, ITEM SIX. ITEM NUMBER SIX, BO OA DASH 24 DASH 0 3 0 0 2 0 1. THIS ADDRESS IS 1 3 0 0 3 TOINE ROAD COUNCIL DISTRICT 10. APPLICANT IS ORTIZ MCKNIGHT, PLLC. AND THIS IS A REQUEST FOR A 55 FOOT VARIANCE FROM THE IH ONE NORTHEAST GATEWAY CORRIDOR DISTRICT'S 60 FOOT SIDE SETBACK REQUIREMENT TO ALLOW A FIVE FOOT SIDE SETBACK. RESIDENTIAL DEVELOPMENT ON THE SOUTHERN PROPERTY LINE ZONING IS MF 33. THE SUBJECT PROPERTY IS LOCATED IN THE NORTHEAST GATEWAY CORRIDOR EAST OF JUDSON ROAD, ALONG THE CORNER OF INTERSTATE 35 NORTH ACCESS ROAD TO TUPPER VINE INTERSECTION. THE APPLICANT ON BEHALF OF THE PROPERTY OWNER IS REQUESTING A 55 FOOT VARIANCE FROM THE IH ONE NORTHEAST GATEWAY CORRIDOR DISTRICT'S 60 FOOT SETBACK REQUIREMENT TO ALLOW FOR DEVELOPMENT OF APPROXIMATELY 18 DWELLING UNITS ALONG THE SOUTHERN PROPERTY LINE PERMITS ARE PENDING THE RESULT OF THE BOARD OF ADJUSTMENT. THIS IS THE SITE PLAN. THIS IS THE ESTIMATED LOCATION OF THE VARIANCE SUBJECT PROPERTY VIEW OF THE SOUTH OF THE PROPERTY TOWARDS I 35 OR IH INTERSTATE 35. SURROUNDING AREA STAFF. RECOMMENDATION FOR GATEWAY CORRIDOR SIDE SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BOA DASH 24 DASH 0 3 0 0 2 0 1 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE STRUCTURE BEING ONLY FIVE FEET FROM THE GATEWAY CORRIDOR SIDE SETBACK NEGATIVELY IMPACTS THE RIGHT OF WAY ALONG THE SIDE PROPERTY LINE AND TO THE REQUEST APPEARS OUT OF CHARACTER OF THE AREA AND INJURES THE NEIGHBORING PROPERTIES. STAFF MAILED 41 NOTICES ZERO IN FAVOR, ZERO IN OPPOSITION, AND IS NOT LOCATED WITHIN A, UH, REGISTERED NEIGHBORHOOD ASSOCIATION. AND THAT CONCLUDES THIS'S PRESENTATION. ALL RIGHT, THANK YOU VERY MUCH. HAS THE APPLICANT COME FORWARD PLEASE? OH, ONE QUICK QUESTION. UH, THE CITY LIMIT LINE BETWEEN SAN ANTONIO AND LIVE OAK, IS IT WHO'S WHO? WHO HAS UH, UH, MAINTENANCE OBLIGATION ON THE STREET? IS THAT, IS IT DOWN THE MIDDLE OR IS, IS IT THE STREET IN LIVE OAK? THAT I [01:20:01] WOULD HAVE TO CHECK. OKAY. I'M WHEN YOU SAY MAINTENANCE, WHAT DO YOU MEAN? WELL, WHOSE ROAD IS IT? TOPPER WINE. IS THAT SAN ANTONIO OR LIVE OAK ? THAT WOULD BE HALF AND HALF I BELIEVE, BUT NOT GONNA GET THE TRAFFIC SECTION TO CLARIFY THAT. GREAT. I GUESS HAD THE APPLICANT COME UP WHILE THEY'RE LOOKING THAT UP? GOOD AFTERNOON. JAMES MCKNIGHT WITH ORTIZ MCKNIGHT ON BEHALF OF A V COMMUNITIES, THE APPLICANT. UM, ONE THING TO START WITH THE REQUEST, WE, WE DID AMEND THE REQUEST. IT JUST DIDN'T MAKE IT IN TIME FOR, FOR THIS IT, THE REQUEST SHOWS A 55 FOOT VARIANCE FOR FIVE FOOT SETBACK. WE'RE ACTUALLY ASKING FOR A 40 FOOT VARIANCE FOR A 20 FOOT SETBACK. AND I BELIEVE YOU HAVE A PRESENTATION. ALRIGHT, IS, HERE WE GO. THANK YOU. NEXT SLIDE PLEASE. SO WHEN THE STAFF ALREADY HAD LOCATED THE PROPERTY FOR YOU, BUT JUST WE ALWAYS LIKE TO START WITH A LARGER MAP SO YOU CAN LOCATE THE PROPERTY. THIS IS IT'S ZONE MF 33 AND THE PLANNED DEVELOPMENT IS FOR 316, SINGLE FAMILY FOUR RENT HOMES. NEXT SLIDE PLEASE. SO THIS PROPERTY WAS REZONED TO MF 33 IN 2021, SO IT WAS JUST THREE YEARS AGO. AND, UM, WHEN WE WENT THROUGH THAT PROCESS, THE STAFF REPORT AT THE TIME MENTIONED THE GATEWAY CORRIDOR OVERLAY AS BEING THE STANDARDS FOR COMMERCIAL PROPERTIES. AND SO WHEN WE WENT THROUGH THE ZONING PROCESS, WE WERE VERY MUCH AWARE OF THE OVERLAY, BUT IT WAS TOLD TO US THAT IT WAS FOR COMMERCIAL PROPERTIES ONLY. SO IT WAS NOT A CONCERN OF OURS WHEN WE WENT THROUGH THAT PROCESS THREE YEARS AGO. AND, UH, AS YOU'LL SEE, I BELIEVE THAT'S THAT, THAT ALTHOUGH THE OVERLAY APPLIES BROADLY, THAT IT IS INTENDED, ITS PURPOSE WAS FOR COMMERCIAL PROPERTIES. UM, ONE THING I ALSO WANNA POINT OUT ABOUT THAT MF 33, THAT IS THE ONLY MF 33. OURS IS THE ONLY MF 33 PROPERTY ON THE ENTIRE CORRIDOR. SO IF YOU LOOK DOWN, UP AND DOWN THAT CORRIDOR, IT'S NOT THE ONLY PROPERTY THAT TOUCHES IT, BUT ALONG THE HIGHWAY IT'S LITERALLY THE ONLY MF 33 PROPERTY. EVERY OTHER PROPERTY IS EITHER COMMERCIAL, LIGHT, INDUSTRIAL, OR INDUSTRIAL. SO, UM, NEXT SLIDE PLEASE. SO THIS IS THE OVERLAY. SOME OF THE STANDARDS THAT YOU'LL SEE IN THAT OVERLAY DISTRICT. THEY ARE FOR LIGHTING ENTRANCES, PARKING LOTS, WALKWAYS, DESIGN STANDARDS FOR THOSE COMMERCIAL BUILDINGS, PUBLIC ENTRIES, SCREENING FOR PROP PARKING LOTS. THERE ARE SIGN STANDARDS FOR, UH, LIMITED HEIGHTS AND SQUARE FOOTAGE AND OFF SIGN, UM, OFF SIGNS WERE PROHIBITED. UM, AND SCREENING FOR OUTDOOR USES ON INDUSTRIAL PROPERTIES. SO RESIDENTIAL PROPERTIES ARE NEVER MENTIONED IN ANY OF THESE STANDARDS, AND YOU CAN TELL FROM THE, THE PURPOSE OF IT, UM, WHEN THEY PASSED THAT ORDINANCE WAS ABOUT BEAUTIFYING THAT CORRIDOR, MAKING SURE THAT THE CORRIDOR AS YOU'RE ENTERING INTO SAN ANTONIO WAS NOT OVERLY CROWDED. IT WAS ABOUT BEING VISUALLY AESTHETICALLY PLEASING. AND THAT'S WHY YOU DON'T COMMERCIAL PROPERTIES IN THEIR ANALYSIS WHEN THEY'RE PASSING THIS ORDINANCE, THEY NOTED THAT COMMERCIAL PROPERTIES HAVE ZERO FRONT SETBACK AND THAT INDUSTRIAL PROPERTIES HAVE 30 FOOT FRONT SETBACKS. SO THEY SAID THAT THAT'S TOO CLOSE, THAT'S TOO CROWDED, LET'S MAKE IT 60 FEET. SO IN THE ANALYSIS THEY TALK ABOUT COMMERCIAL AND INDUSTRIAL PROPERTY SPECIFICALLY BEING AN ISSUE AND WHY THEY'RE PASSING THIS ORDINANCE. NOW, EVEN THOUGH THE ORDINANCE ITSELF DOESN'T SAY IT, YOU CAN SEE THAT, THAT THAT IS THE REASON FOR THE ORDINANCE. NEXT SLIDE, PLEASE. AS I SAID BEFORE, OUR, THIS IS AN AMENDED REQUEST, SO WE'RE NOW ASKING FOR A 40 FOOT VARIANCE FROM THAT 60 FEET. AND THAT REQUIRES A, THAT ALLOWS US TO HAVE A 20 FOOT, WHAT IS CALLED A SIDE SETBACK. BUT AS YOU'LL SEE IN THE SITE PLAN, THAT'S ACTUALLY THE REAR YARD FOR THESE HOMES. SO IT'S A SIDE SETBACK BECAUSE WE ARE FRONTING ON TOPPER WINE. NEXT SLIDE PLEASE. SO HERE'S THE COMMUNITY FRONTING ON TOPPER WINE. THE, ON THE RIGHT HAND SIDE, YOU CAN SEE THE LINE OF THE RIGHT OF WAY AND THAT THOSE, THE YARDS OF THOSE SINGLE FAMILY HOMES, THAT'S THE 20 FEET THAT WE'RE, WE'RE TALKING ABOUT INSTEAD OF ALLOWING THE 60 FEET FROM THAT RIGHT OF WAY LINE. BUT AGAIN, THAT'S THE LINE OF THE RIGHT OF WAY. THAT'S NOT THE LINE OF THE ROAD. SO IF YOU GO TO THE NEXT SLIDE, YOU CAN SEE THESE 18 HOMES THAT ARE ALONG THAT AREA ARE THE ONES THAT WOULD BE AFFECTED BY THAT 60 FOOT SETBACK. WE ZOOMED IN ON A COUPLE OF AREAS, UH, ON THE NORTH AND THE SOUTHERN END, SOUTHERN END THERE. YOU CAN SEE THAT FROM THE, THE LINE OF THE, UM, ENTRY RAMP TO THE BACK OF THE HOME IS 98 FEET. AND THAT ON THE SOUTH END YOU CAN SEE IT'S 63 FEET. SO THERE'S A SIGNIFICANT AMOUNT OF SETBACK BUFFER AREA BETWEEN THE ACTUAL ROAD, NOT THE RIGHT OF WAY LINE, BUT THE ROAD AND THE HOMES THEMSELVES NOW, RIGHT OF WAY OBVIOUSLY CAN BE EXPANDED, BUT THERE IS SOMETHING MORE UNIQUE ABOUT THIS PROPERTY OTHER THAN JUST BEING THE ONLY MF 33 PROPERTY. AND IF YOU GO, I THINK IT'S IN THE NEXT SLIDE. WELL, THE [01:25:01] NEXT SLIDE I'LL TALK ABOUT IT AND THAT'S THIS AREA IS, UM, THERE'S A SIGNIFICANT DROP. THERE'S ABOUT A 10 TO 15 FOOT DROP FROM THE, THE HOMES ON THE NORTH SIDE DOWN TO THE RIGHT OF WAY ITSELF DOWN TO THE ENTRY RAMP. AND ON THE SOUTHERN END THERE'S ABOUT A 10 FOOT DROP. SO GOING THROUGH THE FINDINGS OF FACT IS THIS CONTRARY TO PUBLIC INTEREST? WELL, ONE OF THE PUBLIC INTERESTS THAT WE'RE TRYING TO SERVE HERE IS THE NEED FOR MORE HOUSING. SO WE ARE ADDRESSING THAT WITH THESE, UM, SMALL LOTS, SINGLE FAMILY COMMUNITIES. BUT WHAT PART OF THE PUBLIC INTEREST WAS THE REASON FOR THE CORRIDOR IN THE FIRST PLACE. AND THAT WAS TO, UM, MAKE SURE THAT COMMERCIAL INDUSTRIAL PROPERTIES WERE NOT CROWDING THE RIGHT OF WAY. AND OBVIOUSLY WE'RE NOT DOING THAT HERE DUE TO SPECIAL CONDITIONS. A LITTLE ENFORCEMENT WOULD RESULT IN UNNECESSARY HARDSHIP HERE. WOULD WE, WE DESIGNED THE PROPERTY, UH, AS, AS BEST WE KNEW IN TERMS OF THE ZONING, UH, THAT WE WENT THROUGH. BUT WE WOULD LOSE HOMES AT THIS POINT TO HAVE TO HAVE THOSE 60 FEET. BUT AS I SPOKE ABOUT BEFORE, THE NATURAL TOPOGRAPHY CREATES THESE ADDED BARRIERS. IN THE NEXT PHOTO YOU'LL SEE THAT THE NEXT SLIDE PLEASE. THANK YOU. SO THIS IS AT THE ENTRY RAMP GOING TOWARDS I 35. AND YOU CAN SEE THAT BERM THERE, THAT'S A 10 TO FOOT, 15 FOOT INCLINE GETTING UP TO THE FENCE LINE. SO IF YOU PUT A SIX, WE HAVE A SIX FOOT, UH, FENCE, CRETE FENCE ALONG THAT RIGHT OF WAY LINE AT THE TOP OF THAT HILL. SO ANYBODY DRIVING ON THIS CANNOT EVEN SEE THE HOMES, MUCH LESS WORRY ABOUT A 60 FOOT SETBACK FOR SOME KIND OF VISUAL CHARACTER. IT JUST DOESN'T EXIST. SO THERE IS A, IT ALSO, UM, DECREASES THE LIKELIHOOD OF, OF WIDENING THAT RIGHT OF WAY. BUT EVEN IF YOU DID, YOU WOULD WIDEN THE RIGHT OF WAY AT THE SAME LEVEL THAT ELEVATION WOULDN'T CHANGE AND YOU'D STILL HAVE THE INCREASE IN HEIGHT UP TO THE HEIGHT OF THE COMMUNITY. SO EVEN IF YOU WIDEN THE RIGHT OF WAY, YOU'RE STILL DEALING WITH A, A SIGNIFICANT DIFFERENCE BETWEEN THE ELEVATION OF THE CARS AND THE ELEVATION OF THE HOMES THEMSELVES. NEXT SLIDE, PLEASE. GRANTING THE VARIANCE WOULD SERVE THE SPIRIT OF THE ORDINANCE AND THE SUBSTANTIAL JUSTICE DONE. SO YOU CAN SEE THAT, AGAIN, WE'RE NOT, THE MF 33 HAS A FIVE FOOT SIDE SETBACK. WE INCREASED THAT TO 20 FOOT SETBACK IN THIS CASE FOR THAT THE REAR YARDS. UM, BUT AGAIN, THE PURPOSE TO ENSURE THIS VISUALLY ATTRACTIVE COMMERCIAL PROJECT IS NOT IMPORTANT FOR A, UM, MULTIFAMILY AND RESIDENTIAL PROJECT, ESPECIALLY BECAUSE IT IS LITERALLY THE ONLY ONE IN THE ENTIRE CORRIDOR. NEXT SLIDE, PLEASE. VARIANCE DOESN'T AUTHORIZE ANOTHER, UH, OPERATION THAT IS TRUE. AND THE VARIANCE WILL NOT SUBSTANTIALLY INJURE ANOTHER PROPERTY. SO STAFF MENTIONED THAT THERE, THERE WAS THE POSSIBILITY OF INJURING A NEIGHBORING PROPERTY BECAUSE A CONFORMING PROPERTY, BUT THE NEIGHBORING PROPERTY IS, UH, COMMERCIAL. ALL OF THE NEIGHBORING PROPERTIES ARE COMMERCIAL. SO IT'S COMPLETELY TYPE OF DIFFERENT TYPE OF DEVELOPMENT. IT'S NOT SETTING A PRECEDENT. THERE IS NO OTHER PRECEDENT TO SET. SO I DON'T SEE HOW THAT IS IN ANY WAY INJURING THE PROPERTY THAT IS CONFORMING BECAUSE THEY, THAT COMMERCIAL PROPERTY WOULD BE SETTING ITS OWN PRECEDENT OF HAVING THAT SETBACK THAT IS REQUIRED, UM, APPLIED TO THE OWNER'S DUE TO UNIQUE CIRCUMSTANCES. SO YES, WE REZONED THE PROPERTY TO MF 33. SO WE DID BRING THIS COMMUNITY HERE, BUT IT WAS ALSO WITH THE UNDERSTANDING THAT IT APPLIED TO COMMERCIAL PROPERTIES ONLY AS WAS DESCRIBED TO US. BUT, UM, AS I'VE SAID BEFORE, WE ARE THE ONLY ONES. SO IT IS A UNIQUE CIRCUMSTANCE. UM, BUT I THINK IT'S IMPORTANT ONE TO, TO NOTE BECAUSE WOULD ONLY BE ESTABLISHING THE FACT THAT THIS CORRIDOR DOES NOT APPLY TO A RESIDENTIAL PROPERTY, OR AT LEAST IT WASN'T INTENDED TO APPLY TO THE, UH, UH, RESIDENTIAL PROPERTY. AND WHAT YOU GET FROM THAT IS THE 316 HOMES. UM, YOU HAVE A SIGNIFICANT SETBACK OR BARRIER BETWEEN THE RIGHT OF WAY AND THE, THE FENCE ITSELF AND THE HOMES THEMSELVES AND THE VISUAL CHARACTER IS NOT AFFECTED BECAUSE OF THE, THE HEIGHTS, AS YOU CAN SEE ARE, ARE VERY SIGNIFICANT. SO, UM, WITH THAT I'LL CONCLUDE MY PRESENTATION AND UH, IF THERE ARE ANY QUESTIONS. YEAH, UM, I ACTUALLY HAVE SOME QUESTIONS. SO THIS IS A, UM, YOU'RE PLATTING THIS AS 300 SOME ODD LOTS. IT'S A, IT'S A SINGLE LOT PLAT, IS THAT CORRECT? YES. YEAH, IT'S A SINGLE LOT PLAT. OKAY. YES. 'CAUSE I, I DIDN'T KNOW IF YOU WERE ATTEMPTING TO INVOKE, UH, SO YOU ARE USING MF 33? YES, SIR. OKAY. IT'S A CONDO REGIME. OKAY. THAT'S WHAT I WAS TRYING TO FIND OUT. I DIDN'T KNOW IF YOU WERE TRYING TO PURSUE THE R FOUR STANDARDS. IF YOU'RE TRYING TO DO SINGLE FAMILY, RIGHT? NO INDIVIDUAL LOTS. BUT YOU'RE NOT YEAH, WE'RE, WE'RE GOING FOR SMALLER LOTS. SO AS YOU KNOW, THE ONLY WAY YOU CAN DO THAT IS GETTING AN MF. UH, YOU PLOT THE ENTIRE LOT AS ONE AND USE A CONDO REGIME TO SEPARATE OUT ALL EACH HOME. OKAY. OKAY. STAFF, DID YOU FIND OUT IF TOPPER WINE WAS CITY OR OF LIVE [01:30:01] OAK OR SAN ANTONIO? MERKO WENT TO GO TALK TO TRAFFIC. SO WE'LL HAVE THAT RESPONSE FOR YOU. UM, AND WE ALSO HAVE NO PUBLIC COMMENT ON THIS ITEM. OKAY. UH, ANY OTHER COMMISSIONER QUESTION? KAPLAN COMMISSIONER CAP, UM, DID, YOU SAID ONLY 18 LOTS ARE AFFECTED BY THIS ISSUE? THAT'S CORRECT. AND THESE ARE RENTAL UNITS, I TAKE IT. THESE ARE FOUR RENT? YES MA'AM. AND THERE'S LIKE, THEY'RE SINGLE FAMILY, IS IT 1, 2, 3 BEDROOM KIND OF HOMES? WHAT ARE YOU PROVIDING PEOPLE? WELL, THEY'RE TWO TO THREE BEDROOM. THREE AND FOUR BEDROOM. THREE AND FOUR. OKAY. THREE AND FOUR BEDROOM. AND AT THEIR MARKET RATE? YES, THAT'S RIGHT. THAT'S CORRECT. DO YOU TAKE SECTION EIGHT AT ALL? NO. OKAY. NOT AT THIS TIME. NOT AT THIS TIME. A QUESTION. YES. COMMISSIONER GOMEZ, CAN YOU GO BACK ABOUT TWO SLIDES WHERE IT SHOWS RIGHT THERE? SO THE BLUE LINE IS WHAT YOU'RE REQUESTING, RIGHT? THE BLUE LINE IS THE EXISTING RIGHT OF WAY LINE. THAT'S A, THAT'S THE PROPERTY BOUNDARY. SO BETWEEN THAT GOLD LINE IS RIGHT IN FRONT OF IT. IS THAT THE PROPERTY LINE? THE, THE BLUE LINE IS THE PROPERTY LINE, THE GOLD LINE IS THE SETBACK. SO THIS WAS AN, OR I BELIEVE THIS WAS AN EARLIER DRAWING SHOWING FIVE FEET, BUT IT'S ACTUALLY 20 FEET BETWEEN OUR PROPERTY LINE AND THE, THE, SO IS THERE AN EASEMENT THERE? AN EASEMENT BEHIND ON OUR PROPERTY LINE BETWEEN THE PROPERTY LINE AND THE, AND THE, AND THE OWNER'S PROPERTY LINE? I HAVE AN EASEMENT BROUGHT FROM HV COMMUNITY. HE MIGHT BE ABLE TO HELP WITH THAT ANSWER. UH, YES SIR. THE, YEAH, THE GOLD LINE IS A 14 FOOT UTILITY EASEMENT. UH, THERE IS A, UH, BLUE, THE, SORRY, STATE YOUR NAME, YOUR NAME, UH, DAVID BROBECK WITH A HV COMMUNITIES. UH, THE, THE, THE GOLD LINE IS A 14 FOOT UTILITY EASEMENT. UH, THE DASH BLUE LINE, UH, WOULD BE THE 20 FOOT SETBACK. OKAY. SO THAT GOLD LINE IS HOW FAR FROM THE, THE GREEN LINE WHERE THE PROPERTY LINE IS? UH, IT WOULD BE SIX FEET. SO YOU GOT THE BLUE LINE, WHICH IS THE, UH, RIGHT OF WAY 14 FOOT UTILITY EASEMENT AND AN ADDITIONAL 16, UH, I'M SORRY, ADDITIONAL SIX FOOT WHERE THE BACK OF THE PAD WOULD BE MINIMUM SIX FOOT. WELL, OKAY. THANK YOU COMMISSIONER MANON. SO, UM, QUESTION FOR CITY STAFF. SO, YOU KNOW, UM, THE APPLICANT HERE HAS STATED A COUPLE TIMES WITH REGARDS TO, UM, THE RESIDENTIAL ZONINGS BEING KIND OF EXCLUDED OR I GUESS CONFUSED WITH REGARDS TO THE EXCLUSION OF THIS, UM, UM, CORRIDOR PLAN. AND I TOOK A LOOK AT, SO, UM, TOOK A LOOK AT THE CORRIDOR PLAN THAT'S, I GUESS ON THE CITY WEBSITE AND IN, UM, IN THE REZONING CASE, IT DOESN'T MENTION ANYTHING ABOUT MULTIFAMILY, YOU KNOW, IS REZONING, RECLASSIFICATION OF PROPERTIES AND SUCH. SO, YOU KNOW, I GUESS JUST KIND OF WANNA GET THE CITY'S POSITION ON THAT JUST SO I BETTER UNDERSTAND THAT. SURE, SURE. I THINK WHAT, UM, THE APPLICANT IS REFERRING TO IS THE PRELIMINARY DISCUSSIONS THAT THEY HAD WHEN THEY WERE CREATING THE GREAT, THE GATEWAY OVERLAY. IF YOU LOOK AT THE GATEWAY OVERLAY STANDARDS, THE WAY IT READS AND THE REASON THAT THE INTERPRETATION IS THAT IT APPLIES TO ANY DEVELOPMENT, WHETHER IT BE COMMERCIAL OR RESIDENTIAL, IS IT SAYS THAT THE FRONT BUILDING SETBACK ALONG I 35 SHALL BE A MINIMUM OF 60 FEET. IT DOESN'T SAY FOR RESIDENTIAL DEVELOPMENT, IT DOESN'T SAY FOR COMMERCIAL DEVELOPMENT. YOU KNOW HOW A LOT OF THE NEIGHBORHOOD CONSERVATION PLANS DO ISOLATE, YOU KNOW, BETWEEN WHETHER IT'S RESIDENTIAL OR COMMERCIAL IN SOME OF THE PLANS. UM, THIS ONE DOES NOT HAVE THAT, UH, SPECIFICATION. IT JUST SAYS THAT'S WHAT THE SETBACK IS ALONG I 35. YEAH. NOTHING IN THE ORDINANCE ITSELF ACTUALLY REFERS TO WHETHER OR NOT IT APPLIES. SO WE'RE NOT SAYING WE'RE NOT MAKING AN ARGUMENT THAT IT DOESN'T APPLY. IT, IT APPLIES IN THAT IT IS ON THE PROPERTY. WHAT WE'RE SAYING IS THAT THE PURPOSE THAT IT'S SERVING IS FOR COMMERCIAL, IT'S SUPPOSED TO SERVE THE COMMERCIAL PROPERTY. AND BECAUSE WE ARE THE ONLY MF PROPERTY, WE ONLY RESIDENTIAL PROPERTY ON THE ENTIRE CORRIDOR. IT ONLY AFFECTS US IN THIS WAY. WHEN DID YOU PURCHASE THE PROPERTY? UH, IT'D BE SPEAKING OF THE MICROPHONE, PLEASE. UH, IT'D BE THE END OF 2021. OKAY. BRAGMAN TO COMMISSIONER BRAGMAN. AND SO YOU REZONED IT AFTER YOU PURCHASED THE PROPERTY? THE, I BELIEVE THE, THE PURCHASE HAPPENED RIGHT AFTER OR, YEAH. YES. SO IT WAS REZONED AND THEN YOU PURCHASED IT RIGHT AS UH, MF 33? YES, THAT'S RIGHT. OKAY. YEAH, IT, YEAH, WE USUALLY WAIT UNTIL THE ZONING COM IS COMPLETE AND THAT'S WHEN CLOSING HAPPENS. AND JUST TO ANSWER THE EARLIER QUESTION, HALF THE TOPPER WINE ROAD IS MAINTAINED BY CITY OF SAN ANTONIO. THE OTHER HALF IS BY LA BOAT. OKAY. AND WHEN, WHEN, UH, SO ON THIS GATEWAY CORRIDOR, SO THEY WANT A 60 FOOT SETBACK, IS THAT, IS, IS THE PRIME PURPOSE FOR FUTURE EXPANSION OF THE HIGHWAY IS A PRI OR IS IT MORE FOR VIEW SHED? IT DOESN'T REALLY SAY IT, IT JUST, UH, SETS SETBACKS FOR FRONT AND FOR SIDE AND, AND ANYTHING ALONG I 35. [01:35:01] OKAY. ARE YOU CURRENTLY IN THE PLATING PROCESS? IT'S PLATTED. YOU'VE ALREADY COMPLETED THE PLANNING PROCESS? YES SIR. IT IS PLATTED. AND HOW LONG AGO WAS THAT? I BELIEVE THAT WAS FINISHED IN 22. OKAY. AND DID TDOT SAY THEY HAD ANYTHING IN THE NEXT FIVE YEARS WHERE THEY MIGHT NEED RIGHT OF WAY OR NOT WANT YOU TO DEVELOP THAT CLOSE TO I 35? UH, NO SIR. NO, NO. UH, WE, WE RETAINED, UH, UTILITY PERMIT. WE GOT OUR, UH, UH, PLAT APPROVED BY TEXTILE. THERE WAS NEVER ANY INDICATION THAT EVEN TO THIS DAY, THEY NEVER REACHED OUT TO US ASKING FOR ADDITIONAL RIGHT OF WAY. OKAY. UM, ARE THERE ANY, UM, I DUNNO, BILLBOARD SIGNS OR A, ANYTHING THAT WOULD BE IN THE WAY BETWEEN YOU AND, AND THE AND THE TDO ROAD, IS THERE ANY STRUCTURES OR IMPROVE, YOU KNOW, ANYTHING OF THAT WOULD AFFECT THE GATEWAY? UH, NO SIR. WE DO, WELL WE DO HAVE A, UH, UH, MARKETING SIGN UP ON THAT FAR NORTHWEST CORNER KIND OF AT THE, ON THE 45, YOU KNOW, WHERE THE ENG WHERE THE PROPERTY DOES A 45 DEGREE ANGLE. UH, BUT I BELIEVE WE ARE OUTTA THE 60 FOOT ON THAT, BUT WE CAN CERTAINLY CHECK. OKAY. I'M JUST, I'M JUST CURIOUS BECAUSE OF THE PURPOSE WAS FOR VIEW SHED, I'M JUST TRYING TO SEE IF THERE'S ANYTHING THAT YOU'RE BLOCKING. DEAN, DEAN, RICHARD DEAN. SO HOW, HOW, HOW LONG, UH, DID YOU COORDINATE WITH TXDOT AND WERE YOU AWARE OF THE, THE NEX PROJECT AND THE DOUBLE DECKERS THERE GOING UP THERE AT AND ON 35 AND SOME OF THE MASTER PLANNING FOR THE TRANSPORTATION PLANS OUT THERE? AND, UH, JUST CAN YOU ELABORATE MORE ON YOUR EXPERIENCE WITH THAT? I NEED TO GET MORE FIDELITY DURING THE PLANTING PROCESS. YEAH, DURING THE PLANTING. I, I MEAN, I THINK THEY HAD ALREADY BROKEN GROUND BY THE TIME WE STARTED THE PLANTING PROCESS. SO, UM, I MEAN WE'VE, I MEAN WE'VE BEEN AWARE OF IT, BUT THERE WAS NEVER ANY NEED TO, I GUESS, COORDINATE ANYTHING WITH TXDOT. 'CAUSE AS THROUGH THE PLANNING PROCESS, YOU'RE ALWAYS ASKING DO YOU NEED ANY KIND OF RIDE OF WAY DEDICATION OR RESERVATION? AND NOTHING WAS EVER BROUGHT UP DURING THE, UM, DURING THE PLANNING PROCESS. SO WE, YEAH, WE KNEW THE IMPROVEMENTS WERE COMING, BUT NO, TXDOT NEVER REACHED OUT TO US. I MEAN, THROUGH THE PLANNING PROCESS, YOU KNOW, DE FACTO WE DID KIND OF REACH OUT TO THEM, BUT NO, NOTHING WAS EVER REQUESTED. COMMISSIONER MANON. SO QUESTION FOR CITY STAFF. SO, AND MAYBE FOR THE APPLICANT AS WELL. SO, SO THE COURT IS A, YOU KNOW, I GUESS A LITTLE BIT LONG. SO DO WE KNOW IF ANY OF THE OTHER, UM, PROPERTIES THAT ARE, UM, ALONG THIS CORRIDOR, ARE THEY ALREADY BUILT AND FACING, YOU KNOW, I GUESS ARE, ARE THEY ALREADY TAKING ADVANTAGE OF THAT OR, UM, ERRORING ON THE WRONG SIDE WITH REGARDS TO THOSE, UH, SETBACKS AND SO THAT WAY, YOU KNOW, I GUESS JUST FOLLOW UP ON MR. IAN'S DISCUSSION HERE WITH REGARDS TO, UM, MAKING SURE THAT WE AREN'T TRAPPING THE CITY STATE INN FOR THE ROADWAYS. UH, I REALLY CAN'T COMMENT TO THAT. I MEAN, WE WOULD REALLY HAVE TO STUDY THE CORRIDOR FOR THAT. 'CAUSE SOME OF IT MAY HAVE BEEN THERE BEFORE THIS WENT INTO EFFECT. AND THIS WENT INTO EFFECT BACK IN 2004. AND ALL IT SAYS IN THE ORDINANCE LANGUAGE IS THAT IT WAS BECAUSE IT WAS, FELT IT WAS A SIGNIFICANT GATEWAY TO THE CITY, UM, AND WAS SURROUNDED BY BOTH COMMERCIAL AND NEIGHBORHOOD AREAS THAT COULD CONTRIBUTE TO ECONOMIC DEVELOPMENT. AND THEY ALSO DO ALLUDE TO, OR THEY DO STATE THAT, UM, IT ALSO HELPED OR AIDED WITH THE ADOPTION OF THE NATIONAL HIGHWAY SYSTEM, HIGH PRIORITY CORRIDOR DISTRICT. SO THE PROPERTY NEXT TO US, UH, IS NOT DEVELOPED YET, SO HAS NOT TAKEN ADVANTAGE OF THAT. THERE ARE A FEW THAT, AND SINCE 2004 THAT HAVE BEEN DEVELOPED, YOU CAN SEE IT WHEN YOU LOOK AT THE MAP THAT YOU CAN SEE THAT SETBACK, UM, IS THERE THAT MIGHT NOT OTHERWISE BE. UM, BUT I ON TO WHAT, UM, TO WHAT CHRISTIE IS TALKING ABOUT THE IN THE PURPOSE, SOME, SOME OF THE LANGUAGE THAT I FOUND HERE IS IT ENHANCE THE CHARACTER OF THE AREA THROUGH DESIGN OF NEW PROJECTS, ALLOW FOR VISIBILITY INTO THE COMMERCIAL BUILDINGS. OKAY. WHERE, WHERE ARE YOU READING THAT FROM? THAT'S FROM THE, UM, THE MINUTES FROM THE ZONING COMMISSION MEETING AND THE CITY COUNCIL MEETING WHEN THEY WERE ADOPTING THIS. SO IT'S NOT IN THE ORDINANCE, IT WAS JUST IN THE MINUTES OF THEM DISCUSSING, YOU KNOW, ITS PURPOSE. OKAY. DID, UH, WHEN THE ORDINANCE IS PASSED, SOMETIMES THEY'LL PUT REASONINGS IN THE BEGINNING. IS THERE OR ANY, ANY LANGUAGE THAT THAT ONE'S BROAD. IT'S WHAT, UM, MS. FORRES WAS TALKING ABOUT IN THE, THE, UH, THE RAZ IT WAS BROUGHT. DOES THE, DOES THE CITY OF OF LIVE OAK HAVE A SIMILAR GATEWAY? UH, AND BECAUSE THIS IS THE VERY FIRST PROPERTY, ONCE YOU, 'CAUSE ONCE YOU GO ACROSS TOPPER WINE, YOU'RE IN LIVE OAK. SO THIS IS THE VERY FIRST PROPERTY THAT THE GATEWAY CORRIDOR APPLIES TO. IS THERE ANY KIND OF CONTINUITY THAT GOES ACROSS TOPPER WINE? NOT THAT I'M AWARE OF. OKAY. WE WOULDN'T BE RESPONSIBLE FOR ANYTHING IN, IN LIVE OAK. AND SO I DON'T KNOW THAT THEY MIMICKED ANY OF OUR KINDS OF GUIDELINES THAT WERE DEVELOPED. OKAY. AND ADDITIONALLY, UM, THE QUESTION I ASKED EARLIER, SO THERE ARE A LOT OF PROPERTIES BY THE, UH, [01:40:01] SOUTHERN PART, SOUTHERN PART OF THIS, UH, CORRIDOR, UM, THAT ARE DEFINITELY NOT WITHIN THE, UH, CORRIDOR SETBACK THAT WERE BUILT, UH, PRIOR TO THIS. RIGHT. OKAY. OKAY. UM, MR. KAPLAN GO GOING BACK TO THE CITY. UM, AND, AND THE SPIRIT OF THE ORDINANCE TOO. UM, WELL FOR ONE THING, WOULD THERE BE ANY ISSUE WITH TUPPER WINE ROAD BEING EXPANDED? I MEAN, WOULD THAT BE ONE OF THE REASONS THAT YOU NEEDED 60 FOOT SETBACK OR IS IT JUST STAFF? CAN YOU BRING, WHAT IS IT? I DON'T KNOW THAT IT WAS SPECIFIC TO THAT, BUT I CAN TELL YOU THAT A LOT OF THESE CORRIDORS ARE DEVELOPED BECAUSE OF ECONOMIC VIABILITY. RIGHT. SO ATTRACTION, SO PART OF IT'S AESTHETICS, BUT PART OF IT IS THE FACT THAT IT'S RIGHT OFF THE HIGHWAY. AND SO A LOT OF THE LANGUAGE, UM, THAT MR. MCKNIGHT NOTED IS THAT, UH, WHEN THEY DID DISCUSS THIS CORRIDOR, THEY HAD A LOT OF LANGUAGE THAT HAD TO DO WITH COMMERCIAL DEVELOPMENT. 'CAUSE THEY HAD VERY SPECIFIC WINDOW FENESTRATIONS AND OPENINGS AND ALL OF THAT KIND OF STUFF. SO THERE WAS MORE DISCUSSION, I WOULD SAY PREDOMINANT DISCUSSION ABOUT COMMERCIAL DEVELOPMENT RATHER THAN RESIDENTIAL DEVELOPMENT STAFF. CAN YOU BRING UP THE CSA ONE STOP MAP SO WE CAN KIND OF SEE, 'CAUSE I, I THINK WHAT, WHEN I FIRST SAW THIS, IT WAS CONFUSED AT THE MAPS THAT THE APPLICANT'S SHOWING. THEY'RE ROTATED IN LIKE 90 DEGREES, RIGHT? LIKE WE'RE LOOKING AT WHAT ABOVE A BUT'S 35. YOU'RE LOOKING AT 35, BUT THAT PICTURE IS 35, NOT ONE. SO IT, IT'S A LITTLE CONFUSING. UH, AND THE NEXT WAS, UH, COMMISSIONER DEAN. UH, YES. SO, UH, IF, IF YOU'RE DOING THIS PROJECT, HAVE YOU LOOKED AT NOISE OR, UH, MITIGATING THAT NOISE WALLS, UM, 'CAUSE THE SETBACK IS THERE, UM, CAN YOU ELABORATE MORE ON THAT? UM, YOU KNOW, JUST FOR THE 35, VERY BUSY, SO, RIGHT. AND I, I BELIEVE THAT, UM, I MEAN WE HAVE, THERE ARE COMMUNITIES THAT ARE THAT CLOSE TO THE HIGHWAY. I THINK THAT HAVING THE FENCING, HAVING THE, THE, THE STREET FACE INTERNALLY ON THE COMMUNITY ITSELF HELPS A LOT. UM, IT IS CLOSE, IT IS NEAR THE HIGHWAY, BUT YOU, YOU TRY TO, UH, DESIGN THE COMMUNITY TO BE INWARD FACING TO TRY TO COMBAT THAT AS MUCH AS POSSIBLE. SO WOULD IT HAVE SOME TYPE OF NOISE WALL OR ARE YOU AND THAT'S, THAT'S TRUE. AND THERE ARE TWO TREES IN EACH YARD. UM, BUT THE, THE WALL ITSELF, I DON'T KNOW THAT IT'S DESIGNED TO BE A SOUND WALL. I MEAN, IT'S A FENCE CRETE WALL. BUT, UM, YEAH, IF EVERYBODY CAN COMMISSIONERS LOOK AT THE MAP THAT STAFF HAD JUST BROUGHT UP. SO THE PURPLE AREA IS THE GATEWAY CORRIDOR. IT BEGINS AT TOPPER WINE. ONE THING I THAT WAS, I NOTICED WAS THAT AS YOU GO ACROSS TOPPER WINDING UP 35, YOU START, YOU SEE THOSE TWO PURPLISH BUILDINGS AND THERE'S ONE AT THE HARD CORNER THAT LOOK PRETTY CLOSE TO THE HIGHWAY RIGHT AWAY. AND SO I WAS, ONE OF THE THINGS I'M LOOKING AT IS THAT IT'S, IF THIS IS THE VERY, VERY FIRST PROPERTY, AND IT'S NOT, IT'S NOT HURTING ANY CONTINUITY OF ANYTHING, UM, GOING TO A 20 FOOT SETBACK WOULD BE SIMILAR IF, IF THIS WERE A SINGLE LOT, IF YOU'RE MF 33 AND YOU'RE PLATTING IT TO 300 LOTS, IT WOULD BE, IT WOULD BE A 20 FOOT REAR SETBACK. THOSE ARE THE KIND OF THINGS I'M LOOKING AT. I WAS CURIOUS TO KNOW ABOUT TECH STOP, BECAUSE NORMALLY THEY WOULD CHIME IN AND SAY, HEY, GIVE US SOME RIGHT AWAY OR SOMETHING. BUT, YOU KNOW, I, THAT'S JUST, I WANTED TO POINT SOME OF THAT OUT. AND I BELIEVE THEY USE THE, THEY USE THE, THE SPACE BETWEEN THE ENTRY RAMP AND THE EXISTING HIGHWAY RIGHT NOW, THAT'S WHERE THAT PROJECT IS GETTING CONSTRUCTED. SO IT'S ACTUALLY FURTHER AWAY FROM US. NOT CLOSER. OKAY. ANY OTHER COMMISSIONER QUESTIONS? I DIDN'T SEE ANYONE SENT UP TO SPEAK OR VOICEMAILS ON THIS ONE. NO PUBLIC COMMENT. ALL RIGHT. IF THERE'S ANYTHING ELSE YOU'D LIKE TO ADD BEFORE WE DELIBERATE? UH, YES. I THINK, UM, IT'S IMPORTANT WHEN, WHEN IT, WHEN YOU HAVE A, A BOARD OF ADJUSTMENT CASE, ANY VARIANCE REALLY NEEDS TO LOOK AT THE UNIQUENESS OF THE PROPERTY AND ITS EFFECT ON OTHERS. AND I THINK YOU POINTED OUT ONE OF THE ITEMS THAT THAT IS, IS CRUCIAL ABOUT IT IS SAYING HOW IT, HOW YOU SEE THAT COMPARED TO THE REST OF THE PROPERTY. IF WE'RE THE ONLY MF 33 PROPERTY, WE CAN'T SET A PRECEDENT. WE ARE UNIQUELY SITUATED AND WE, WE WERE BROUGHT HERE BY, UM, FRANKLY ADVICE THAT WE RECEIVED DURING THE ZONING PROCESS. SO, UM, I JUST THINK THAT IT IS, IT IS, UH, THAT TEXTBOOK CASE OF SOMETHING THAT IS UNIQUE TO THIS PROPERTY ONLY AND DOES NOT, UH, NEGATIVELY AFFECT THE SURROUNDING ENVIRONMENT. ALRIGHT, THANK YOU. THANK YOU. I'M LOOKING FOR A MOTION BRAGMAN COMMISSIONER BRAGMAN REGARDING CASE NUMBER BO A DASH 24 DASH 0 3 0 0 2 0 1. I MOVE THE BOARD OF ADJUSTMENT GRANDER REQUEST FOR 40 FOOT VARIANCE FROM THE IH ONE NORTHEAST GATEWAY CORRIDOR DISTRICT 60 FOOT SIDE SETBACK REQUIREMENTS TO ALLOW A 20 FOOT SIDE SETBACK FOR RESIDENTIAL DEVELOPMENT ON THE SOUTHERN PROPERTY LINE, SITUATED AT 1 3 0 0 3 TOPPER LINE ROAD, APPLICANT BEING ORTIZ [01:45:01] MCKNIGHT, PLLC. BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS WE'VE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH AS LITTLE, THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. STAFF FINDS THE REDUCED SIDE SETBACK TO BE CONSISTENT WITH THE OTHER STRUCTURES IN ALONG THE CORRIDOR IN THE IMMEDIATE VICINITY AND NOT OUT OF CHARACTER FOR THE URBAN CORRIDOR DISTRICT. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF FOUND A SPECIAL CONDITION EXISTING ON THE PROPERTY WHERE A LITTLE ENFORCEMENT OF THE ORDINANCE DOES NOT LEAVE ADEQUATE SPACE TO FULLY DEVELOP THE LOT. THREE, BY GRANITE, THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUEST APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE AS THE REQUIREMENT IS THERE TO PROTECT THE URBAN CORRIDOR. AND THERE ARE OTHER STRUCTURES ALONG THE CORRIDOR ALSO WITHIN THE NORTHEAST GATEWAY CORRIDOR. SETBACK IN THE IMMEDIATE VICINITY 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 THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. PROPOSED DEVELOPMENT WILL LEAVE SUFFICIENT ROOM FROM THE PROPERTY AND NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS IT WOULD ADHERE TO OTHER SETBACK REQUIREMENTS. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR VARIANCES SOUGHT IS DUTY. UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS SUPPLY TO THE OWNER OF THE PROPERTY, WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE, DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION. SECOND. SECOND BY COMMISSIONER MANOCK AND COMMISSIONER BRAGMAN. UM, YES, WITH THE AMENDED, UM, SIDE SETBACK TO, UM, A 20 FOOT VARIANCE INSTEAD OF FIVE FOOT VARIANCE. UM, AND THE FACT THAT THE PROPERTY IS ELEVATED ACROSS, UH, ELEVATED ABOVE 35, THE ACCESS ROAD TO 35, UM, AND THAT THE PROPERTIES WILL FACE INWARDS SO THAT THE BACK PROPERTY WILL BE THE ONES ABUTTING. UM, THAT, UM, UH, VARIANCE, UM, I'LL BE IN SUPPORT OF THE MOTION COMMISSIONER AMANDA? UM, YES, I, I SUPPORT MY COLLEAGUE HERE AS WELL. AND THEN TAKING A LOOK DOWN THE CORRIDOR, I CAME ACROSS LIKE SIX OTHER PROPERTIES JUST SCOOTING DOWN THAT WERE ALREADY KIND OF INSIDE THIS SETBACK. SO, SO, UM, YOU KNOW, SO WHILE IT IS THAT I THINK, UM, IT DOES APPEAR THAT THE, UH, CORRIDOR WAS ADDRESSING COMMERCIAL DISTRICTS, I THINK HAVING, UM, YOU KNOW, RESIDENTIAL DISTRICTS SECURE MAYBE SHOULD BE CONSIDERED UNDER DIFFERENT LIGHT. SO I'LL BE SUPPORTING THE MOTION. ALRIGHT, THANK YOU. ANYONE ELSE LIKE TO ADD HEARING NONE? ROLL CALL, VOTE PLEASE. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER GOMEZ? I DO NOT CONCUR. COMMISSIONER VASQUEZ? I DO NOT CONCUR. COMMISSIONER BONNI? I CONCUR. COMMISSIONER KAPLAN, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. BUT MOTION FAILS. UH, SEVEN TO THREE. SO IS ANYONE ON THE, UH, PREVAILING SIDE WOULD LIKE TO, UM, AMEND OR PROVIDE ANY OTHER SORT OF REDUCTION THAT THEY COULD LIVE WITH? GOING ONCE, GOING TWICE. HEARING NONE. ALL RIGHT, NEXT CASE ITEM NUMBER SEVEN. UM, WHAT IS THAT? OKAY, ITEM NUMBER SEVEN, BO OA 24 1 0 3 0 0 1 4 6. ADDRESS, 9 3 9 WALLACE STREET COUNCIL DISTRICT FIVE. APPLICANT YOLANDA ALVARADO A REQUEST TO REQUEST FOR A 19 FOOT VARIANCE FROM THE MINIMUM 25 FOOT CLEAR VISION TO ALLOW A CORNER WITH A SIX FOOT CLEAR VISION. ZONING IS R FOUR. SUBJECT PROPERTY IS LOCATED ALONG WALLACE STREET, NORTH OF CASTROVILLE ROAD, LOCATED WITHIN THE LAS PALMAS NEIGHBORHOOD ASSOCIATION, AS WELL AS THE NOTIFICATION BOUNDARY OF THE LOS CARDENAS, UH, NEIGHBORHOOD ASSOCIATION. A FENCE WAS CONSTRUCTED WITHOUT A PERMIT ON THE CORNER OF WALL STREET AND SOUTH SAN JOAQUIN AVENUE. UH, CORNER [01:50:01] CLEAR VISION REGULATIONS. STATE PRIVACY FENCES CANNOT EXCEED THREE FOOT IN HEIGHT WITHIN 25 FEET OF A STREET CORNER. A PRIVACY FENCE WAS ERECTED AT FIVE FOOT THREE INCHES PLACED WITHIN SIX FEET OF THE STREET CORNER IN VIOLATION OF THE CORNER. CLEAR VISION RULES AND THE SITE PLAY. SITE PLAN SHOWING WHERE THE, UM, CORNERS AT AND SUBJECT PROPERTY AND THAT CORNER. YEAH. HEIGHT OF THE FENCE WAS OKAY, IT'S CLEAR. VISION MEASUREMENT SURROUNDING AREA AND STAFF RECOMMENDATION FOR THE CORNER. CLEAR VISION VARIANCE STAFF RECOMMENDS DENIAL AND BO OA 24 1 0 3 0 0 1 4 6 BASED ON THE FOLLOWING FINDINGS OF FACT, DEFENSE OBSTRUCTS THE VISION OF ONCOMING TRAFFIC AT THE WALLACE STREET AND SOUTH SAN JOAQUIN AVENUE INTERSECTION. AND TWO, THE VARIANCE WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS NO OTHER FENCES ENCROACHED INTO THE CLEAR VISION AND THE IMMEDIATE VICINITY. STAFF MAILED OUT 41 NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION. LOS HARENA NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION. AND THEN WE GOT NO RESPONSE FROM THE LAS PALMAS NEIGHBORHOOD ASSOCIATION AND THIS IS THE ONE FROM THE NEIGHBORHOOD ASSOCIATION. AND THIS CONCLUDES STAFF PRESENTATION. APPLICANT SHOULD BE AVAILABLE. ALRIGHT. UH, CAN YOU, UH, BEFORE YOU GO, CAN YOU BRING UP THAT? YEAH, THIS MAP RIGHT HERE? THIS THE AREA IN QUESTION AT THE INTERSECTION, UH, THAT'S CONSIDERED THE SIDE YARD OR THE REAR YARD FOR THE HOUSE. THE REAR YARD. MM-HMM? IT'S THE REAR YARD. YEAH, THE REAR. OKAY, SO THE DRIVEWAY THAT'S NEXT TO THAT FENCE, IS THAT, IS THAT SERVING THE NEIGHBOR OR IS THAT BEING USED BY THE, THE APPLICANT? THAT'S THE PROPERTY THAT IS NOT, NOT THE NEIGHBOR, BUT THE ONE THAT FACES, UH, SOUTHTOWN IN GAS. YEAH. 9 3 9. WALLACE HAS A, LIKE A, A LOT AS WELL. UM, WE GOT SO RIGHT HERE AND IT'S ALL UNDER THAT ONE. OH, IT DOES EXTEND UP. IT'S NOT JUST THE FRONTAGE. IT, IT GOES UP TO THE, WHERE THE 9 3 9 IS. RIGHT. ONLY PARTIAL. PARTIAL, LIKE PARTIALLY OF THE, UH, STRUCTURES. AND THIS, SO THE, SO THE DRIVEWAY RIGHT AFTER THE INTERSECTION THAT SHOWED ON THAT IMAGE, UH, THAT'S ACTUALLY THE APPLICANT'S DRIVEWAY, RIGHT? I BELIEVE SO. LIKE RIGHT HERE? YEAH. RIGHT THERE. RIGHT. ALL RIGHT. THANK YOU VERY MUCH. OKAY, LET'S HAVE THE APPLICANT COME FORWARD. HELLO. PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE. ARTHUR. ARTHUR? YES. UH, WE'RE HERE TO CONVINCE Y'ALL THAT UM, THERE'S NO OBSTRUCTION MULE ON THAT SIDE, ON THAT FRONT FENCE. AND UM, WE'RE HERE TO DEBATE TO SEE IF THERE'S A CONTROLLED INTERSECTION OR I DON'T KNOW, TRYING TO CONVINCE Y'ALL. WE'RE DEBATING THAT. I MEAN, I GO THROUGH THAT CORNER MILLIONS OF TIMES. I'VE NEVER SEEN NO ACCIDENTS THERE EITHER. I'VE BEEN THERE LIKE 18 YEARS AND, UH, I DON'T, YOU KNOW, ME MYSELF, I GO THROUGH IT EVERY DAY. I DON'T SEE NO VIEW OBSTRUCTION AT ALL. SO WE'RE TRYING TO CONVINCE YOU WE COULD GO THROUGH THAT CONTROLLED INTERSECTION OR THEY WANTED US TO CUT BACK 25 FEET AND THAT'S TOO MUCH. EITHER CUT IT 10 FEET BACK, THREE FEET DOWN. I MEAN, WE'LL BE SATISFIED. OKAY. UH, WELL YOU'RE, THE REQUEST IS FOR A, UM, A 19 FOOT VARIANCE. MM-HMM. . SO WHAT THEY'RE WANTING IS FOR YOU TO CUT BACK 19 MORE FEET OF THE FENCE, 19 MORE OR LESS. RIGHT. AND, AND JUST TO CLARIFY, STAFF, IF THE FENCE WAS ONLY THREE FEET TALL, WOULD THEY NEED TO CONTINUE WITH THIS? THEY WOULD NOT REQUIRE THE VARIANCE. OKAY. SO, SO REALLY YOU CAN CUT THE FENCE BACK 19 MORE FEET OR YOU CAN LOWER IT TO A MAX HEIGHT OF THREE FEET FOR THAT 19 FEET. THOSE ARE THE TWO THINGS YOU CAN DO WITHOUT YOU GO BACK 10 FEET. UH, WELL IT'S SOMETHING THAT'S, IT'S A LOT OF CUTTING. I UNDERSTAND THE COMMISSION CAN MAKE, UH, DEVIATIONS AND GO ANYWHERE BETWEEN ZERO AND 19 FEET [01:55:01] AS WE DELIBERATE. UM, I JUST WANTED TO MAKE SURE YOU'VE GOT MARKED BIKE LANES ON EITHER SIDE OF THE ROAD. UH, AND THIS IS A FOUR-WAY STOP AND INTERSECTION. THAT'S A FOUR. WE STOP. I MEAN, EVERYBODY'S GONNA STOP THERE AND VIEW THEIR VISION. I MEAN, SEE IF THEY, IF THEY PASS THAT STUFF SIGN IT'S, YOU KNOW, IT'S NOT DEFENSE FAULT, YOU KNOW, BUT YOU DON'T, YOU DON'T HAVE MARKED CROSSWALKS, RIGHT? UH, THEY USED TO HAVE ON ONE SIDE. THEY DID. OKAY. ALRIGHT. UH, COMMISSIONER OF QUESTIONS. MANNA COMMISSIONER THEN KAPLAN. SO, UM, CAN I ? UH, WELL WE'RE GONNA SEE WHAT, WE'RE GONNA SEE WHAT THE COMMISSION ASK FIRST AND THEN WE'LL, WE'LL GET RIGHT TO YOU. SO, SO I DO SEE A PICTURE FROM, IT LOOKS LIKE JUNE, 2024 AND IT LOOKED LIKE THE FENCE WAS AT A LOWER HEIGHT AT THAT POINT. IS THAT TRUE? NO, IT'S BEEN LIKE THAT ALL THE TIME. EVER SINCE REPLACED IT? NO, BUT IT WAS THE SAME HEIGHT. YEAH, THE SAME HEIGHT, YEAH, THE SAME HEIGHT'S BEEN IT IS BEEN LIKE THAT ALL THE TIME. YEAH, IT WAS THE SAME HEIGHT. FIVE FEET, FOUR FEET, SIX FEET. OKAY. SO, SO WHAT IS THE HEIGHT OF THE FENCE RIGHT NOW? SIX OR FIVE. IT'S FIVE FEET. YOU GOT THE MEASUREMENTS THERE. OKAY, SO I, I AM A LITTLE CONFUSED I GUESS. 'CAUSE THE PICTURE I SHOW, UNLESS I'M LOOKING AT THE WRONG PICTURE, WHAT DID IT SAY RIGHT THERE? FIVE FEET? YEAH, SO WHAT HAPPENS IS WE ARE, WE WE'RE GOING BACK THROUGH GOOGLE STREET VIEW AND YOU CAN LOOK AT YEARS PAST. YES SIR. AND SO ONE OF THE IMAGERY IMPLIES THE FENCE IS A LITTLE SHORTER THAN FIVE FEET. WHEN DID YOU REPLACE THE, THE FENCE? UH, MAYBE A YEAR AGO. I DON'T KNOW. I'M NOT SURE. WHAT IS THE PURPOSE OF THE FENCE? UH, PRIVACY. KEEP THE, BECAUSE IT'S WATERS OUT THEIR PROPERTY. YEAH. 'CAUSE LIKE EVERYBODY PASSES THROUGH THERE, YOU KNOW, THERE'S, THERE'S LOT OF TRAFFIC, NOT TRAFFIC, BUT I MEAN THE, THE STOP SIGNS ARE THERE FOR ONE REASON. THAT'S BEFORE WE STOPPED. YEAH. I MEAN I WOULD, I MEAN IF YOU LOOK AT THE CORNER, HOLD ON SIR. IF, IF YOU WANT, PLEASE STATE YOUR NAME AND TELL US YOUR THOUGHTS. NAME RICK EZ. I'M THE OWNER OF 9 39 WALLACE STREET. UH, WE USUALLY LIVE THERE SINCE, UH, 2003. WE HAVEN'T HAD ANY ISSUES AT ALL. OUR PROPERTY GOES ALL THE WAY TO THE END BECAUSE OUR WATER METER IS RIGHT THERE BY THAT FENCE, WHICH, UH, UH, ON THE CATTY CORNER OF THAT OF OUR PROPERTY, WHICH THERE'S AHO, UH, CHURCH AND THEN THERE'S A, A HOUSE RIGHT IN THE CORNER, THE CORNER FROM THE, OUR HOUSE ACROSS FROM OUR PROPERTY. IT HAS LESS VIEW THAN WE HAVE ON OUR PROPERTY. IF YOU LOOK AT THE HOUSE IN THE CORNER WHERE THEY BUILT IT, WHERE THE BIG OLD, UH, I GUESS TOWER ELECTRICITY TOWER THAT HOLDS, UH, THE WIRES AND IT'S GOT LESS VIEW THAN WHAT WE GOT. WE GOT A LOT MORE VIEW THAN WHAT THEY GOT AND THEY WERE COMPLAINING ABOUT OUR FENCE. AND THERE'S A HOUSE THERE IN THE CORNER TOO, IF YOU LOOK AT THE ACTUAL PICTURES AROUND THE AREA, SIR. BUT THE, THE DRIVEWAY IN QUESTION RIGHT WHERE YOUR FENCE STOPS? YES. IS THAT A SECOND DRIVEWAY FOR YOU? THAT'S A ONE DRIVEWAY THERE. THAT'S YOUR DRIVEWAY. THAT'S YOUR ONLY DRIVEWAY TO THE, THE FRONT. YEAH, THAT'S THE ONLY DRIVEWAY. ALRIGHT, ANY OTHER QUESTIONS FROM THE COMMISSION? S SO, UM, SO I CAN GO BACK TO THE OLDER PICTURE, WHICH DOES SHOW A LOWER FENCE, WHICH YOU KNOW, TO ME KIND OF TALKS THROUGH, YOU KNOW, WHY IT IS THAT MAYBE THERE HASN'T BEEN ANY CHALLENGES THERE. AND, AND YOU KNOW, I WOULD UM, DID YOU HAVE A CHANCE TO TALK TO THE NEIGHBORHOOD ASSOCIATION? NO, I TRIED TO GET AHOLD OF HIM, BUT I, I NEVER GOT AHOLD OF ANYBODY. UH, EVEN THOUGH LIKE, I MEAN, I MEAN I'M BLIND FROM ONE EYE. I CAN SEE CLEARLY VIEW ON EITHER SIDE OF, OF THAT FENCE. I, I MEAN, I DON'T KNOW HOW ANYBODY CAN SEE, NOT SEE THROUGH THOSE FOUR WAY STOPS. SO, UM, SO IS THE FENCE HEIGHT THE SAME ON BOTH SIDES OF THAT DRIVEWAY? YES. SO, SO YOU HAVE A, A FENCE ON THE ONE SIDE, CORRECT. AND THEN, AND THEN WRAPS AROUND THE CORNER? YES. AND SO QUESTION FOR CITY STAFF WITH REGARDS TO CLEAR VISION, UM, OR CLEARVIEW. UM, SO, SO THE FENCE ON THE OTHER SIDE OF THE DRIVEWAY, IS THAT, IS THAT ALSO IN BEING CALLED OUT? NO, THAT HAS, THAT'S NOT WITHIN THE CLEAR VISION. OKAY. NO. AND THEN, UM, AND THEN CURRENTLY, UM, AS THE WRAPS AROUND THAT CORNER, THE CLEAR VISION, I GUESS DISTANCE IS, UH, IS IT THE 15 FEET OR IS OR 25 FEET? IT'S 25 FEET. OKAY. SO 25 FEET WOULD BE THE, UH, THE CLEAR, CLEAR VIEW OR WHATEVER YOU WANNA CALL THAT CLEAR VISION. UM, OKAY. OKAY. THANK YOU. ALRIGHT, I HAVE ANOTHER QUESTION FOR STAFF. SO, UH, SAN JOAQUIN AVENUE, THAT'S A, IS THAT A COLLECTOR SIDE STREET THAT'S NOT A LOCAL A AND 'CAUSE OF WHAT IT LOOKS LIKE ON GOOGLE MAPS IS THAT YOU'VE GOT A, A DEDICATED BIKE LANE AND THEN YOU HAVE A, UH, LIKE A SHOULDER ON THE SIDE OF THE BIKE LANE POTENTIALLY FOR VEHICLE PARKING. IS THAT, AM I SEEING THAT RIGHT? UH, SO TRAFFIC IDENTIFIED THAT STREET AS A LOCAL STREET. [02:00:02] OKAY. IT JUST SEEMS MUCH WIDER. IT IT IS WIDE. THE, THE CORNER IS REAL WIDE. ANYBODY CAN SEE CLEARLY THROUGH THERE. THAT'S WHERE WE'RE CONSIDERING A, A CONTROLLED INTERSECTION. BUT WHEN THEY HAVE, WHEN THEY HAVE, UM, BIKE, BIKE LANES THAT ARE SEPARATED FROM THE CURB IS THE INTENT TO ALLOW PARKING DOWN THE STREET AND THEN HAVE A BIKE LANE ON THE OTHER SIDE OF THE CAR, THE HELL ALWAYS PARK IN THE SIDE OF THE STREET. UH, WE'D HAVE TO GET WITH TRAFFIC ON THAT. I'LL SEE IF I CAN GET AN ANSWER. OKAY. YEAH, JUST, UH, YOU KNOW, I'M TRYING TO, I'M TRYING TO SEE WHAT THE DIFFERENT, UH, UH, HOW CLEAR VIS VISION IS AFFECTING THE USE OF THIS ROAD AND MANNA COMMISSIONER. SO, AND, AND SO JUST, UM, AND MAYBE I'M USING THE WRONG WORDS HERE, BUT, SO BECAUSE WHY IS THIS, NORMALLY WE HEAR 15 FEET, UM, AS WE TALK ABOUT CLEAR VISION. AND SO WHY IS THIS ON 25? DRIVEWAYS ARE 15 DRIVEWAYS AND ALLEYS ARE 15 FEET CORNER. LOT CORNERS ARE 25 FEET. OKAY. SO CORNERS ARE 25. YEAH, , IT'S TOO MUCH. OKAY. ALL RIGHT. IS THERE ANY OTHER QUESTIONS? HEY, UH, COMMISSIONER DEAN, DID YOU SAY IT WAS GONNA BE SIGNALIZE THAT INTERSECTION OR I'M TRYING TO UNDERSTAND, OR IS IT GONNA STAY STOP SIGN OR WERE YOU AWARE OF ANYTHING LIKE THAT? WHAT WAS IT AGAIN, SIR? I'M SORRY. IS IS IT GONNA BE SIGNALIZE THAT INTERSECTION? NO, I DON'T THINK IT'S SIGNALED. OKAY. I MEAN, I'VE SEEN WORSE INTERSECTIONS THAN THAT ONE. I MEAN ALL AROUND THE NEIGHBORHOOD, BUT THAT, THAT'S A CLEAR VIEW RIGHT THERE. I, UM, OKAY. ALRIGHT. ALRIGHTY. MAY I ASK SOMETHING? THIS IS I IVANEZ, YES. UH, CHAIR. IF, IF HE WERE TO AMEND IT TO CUT HIS FENCE DOWN TO THREE FEET, HE WOULDN'T NEED TO, UM, AND THEN GO FROM BACK. DOES IT HAVE TO ALSO BE CUT FROM THE SIDE VIEW AS WELL TO ANGLE IT UP? OR DOES HE HAVE TO DO THE WHOLE FENCE? NO, HE ONLY HAS TO, HE DROPS IT DOWN TO THREE FEET FOR 19 FEET AND THEN HE WOULD NEED TO BE HERE, SO. OKAY. SO WHAT ABOUT THE CONTROL INTERSECTION? HE WON'T GO THROUGH? NO, THAT'S, UH, WE'RE JUST DISCUSSING WHAT POTENTIAL OPTIONS YOU HAVE IF THIS DOESN'T PASS MANANA COMMISSIONER MANNA. SO IN ONE OF THE QUESTIONS, YOU KNOW, THAT WE TALK ABOUT REGULARLY, IT, UM, FROM A, UM, PRIVACY SLASH PROTECTION IS PREDOMINANTLY OPEN FENCING. AND SO, UM, UM, I I GUESS AS WE TALK ABOUT THIS, IS THAT SOMETHING TO CONSIDER AS WELL TO ALLOW FOR PREDOMINANTLY OPEN FENCE, UM, AT THAT HEIGHT. SO THAT WAY IF, IF THE APPLICANT WANTS TO KEEP THE FENCE HEIGHT BUT CHANGE IT SO THAT IT IS PREDOMINANTLY OPEN AND MEETING THE REQUIREMENTS, THEN UH, THEY'D BE ABLE TO DO THAT. SO FOR LEGAL, CAN A MOTION BE MADE TO, UM, TO APPROVE ON THE, UH, WITH THE USE OF A PREDOMINANTLY OPEN FENCE? ONLY AS A CONFLICT THEY DID TWO FEET OPEN. THEY STILL HAVE A CLEAR VISION, CORRECT. SO THEY HAVE, SO THAT I BELIEVE WE'VE DONE THAT BEFORE. SO WE SHOULD BE GOOD IF THAT'S WHAT WA IS. OKAY. YEAH. SO WHAT, SO JUST PUT THAT OUT THERE. UH, WHOEVER MAKES A MOTION COULD, IF THEY WANTED TO, UH, MOVE TO, UM, UH, GRANT A VARIANCE FOR CLEAR VISION, UH, FOR A PREDOMINANTLY OPEN FENCE, UH, UH, YOU KNOW, THAT'S JUST PUTTING THAT OUT THERE. ALRIGHT, ANY OTHER QUESTIONS? NO PUBLIC COMMENTARY I ASSUME. NO ONE, NO PUBLIC COMMENT. OKAY. ALRIGHT. UM, I'M LOOKING FOR A MOTION. SO, SO MANANA COMMISSIONER MANNA REGARDING CASE NUMBER BO A 2 4 1 0 3 0 0 1 4 6. I MOVE TO THE BOARD ADJUSTMENT GRANT, A REQUEST FOR A, UM, FOR A 19 FOOT VARIANCE FROM THE MINIMUM 25 FOOT CLEAR VISION TO ALLOW A CORNER WITH A PREDOMINANTLY OPEN, UM, UH, FENCING SITUATED AT 9 3 9 WALLACE STREET, APPLICANT BEING YOLANDA ALVA. UH, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACT THIS PROPERTY, SUCH A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMEN WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THE VARIANCE TO THE CLEAR VISION [02:05:01] STANDARD IS NOT CONTRARY TO PUBLIC INTEREST AS IT DOES, UH, OBSERVE NOT TO APPEAR TO ALTER THE SAFETY OF VEHICULAR TRAFFIC FOR THOSE TRAVELING ACROSS THE INTERSECTION. TWO, DUE TO SPECIAL CONDITIONS, UH, A LIBERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LIBERAL ENFORCEMENT OF THE CLEAR VISION STANDARDS WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WILL NEED TO RELOCATE A PORTION OF THE FENCE. THREE. BY GRANTING THE VARIANCE, THE SPEAR OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE VARIANCE TO THE CLEAR VISION REQUIREMENT DOES APPEAR TO OBSERVE THE SPEAR OF THE ORDINANCE SINCE THE FENCE, UH, IS NOT OUTTA CHARACTER FOR THE NEIGHBORHOOD AND DOES NOT, UH, APPEAR TO ALTER THE SAFETY OF VEHICULAR TRAFFIC FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE DIS SONY DISTRICT IN WHICH THIS VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN DISTRICT WILL ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE DO NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FORM PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED. IF GRANTED, THE VARIANCE WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT FORM PROPERTIES UPON SITE VISITS. STAFF FOUND OTHER FENCES OR OBSTRUCTIONS IN NEIGHBORHOOD THAT WERE ENCROACHING INTO, UH, THE CORNER. CLEAR VISIONS SIX, APPLY TO THE, UH, OWNER OF THE PROPERTY FOR WHICH A VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT REALLY FINANCIAL OR NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS AND DISTRICT IN WHICH HIS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH A VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE PROPERTY OWNER HAVING LIMITED SPACE TO MOVE THE FENCE. AND A MOTION IS THERE A SECOND? SECOND, SECOND. SECOND. BY COMMISSIONER BRAGMAN. COMMISSIONER MANNA. AND, UH, REAL QUICK TRAFFIC DID VERIFY THAT THERE WOULD BE PARKING PERMITTED ON THE RIGHT SIDE OF THAT, UH, BIKE LANE. ALL RIGHT, THANK YOU. SO, UM, SO I READ THE MOTION, UM, WITH THE, UM, UM, PROSPECT OF, OF KEEPING THE FENCE HEIGHT, WHICH IS WITHIN PERMIT OF A SOLID SCREEN FENCE, AND THEN ALLOWING FOR THE TOP PORTION, UM, TO BE FENCED IN, UM, OR TO BE A, UH, I GUESS PREDOMINANTLY OPEN FENCING. AND SO I, I THINK THAT THAT GETS ME CLOSER TO APPRECIATING, UM, WHAT IT IS THAT THE APPLICANT'S TRYING TO DO, AS WELL AS ABIDING BY, I THINK, UH, ALLOWING FOR THE CLEAR VISION COMPONENTS OF THIS CORNER. UM, AND SO, SO I GET, I THINK I'M GONNA VOTE FOR IN FAVOR AS, AS I READ IT. ALL RIGHT. COMMISSIONER BRAGMAN, I AGREE WITH MY COLLEAGUE. I'LL BE IN SUPPORT GIVEN, UH, THE WAY THE MOTION WAS READ. OKAY. ANYONE ELSE LIKE THAT? UH, I HAVE TO SAY THIS ONE, THIS ONE'S SO PECULIAR TO ME BECAUSE YOU, THIS IS THEIR DRIVEWAY. IT'S SO ENORMOUSLY LONG. THE PURPOSE OF, OF THIS FENCE DOESN'T SEEM TO PROVIDE ANY ADDITIONAL YARD. IT'S JUST, JUST A BLOCK VIEW. AND, AND ALTHOUGH THERE'S A STOP, WHICH MAKES ME FEEL BETTER ABOUT IT, I DON'T LIKE THE FACT THAT THERE'S A, THERE'S POTENTIAL PARKING IN A BIKE LANE. I MEAN, IT JUST SEEMS LIKE THE CITY WOULD ONLY DO THAT INSTEAD OF CREATING ANOTHER TRAFFIC LANE BECAUSE THEY EXPECT A LOT OF BICYCLES. AND SO I'M, I'M, I'M TRYING TO THINK ABOUT HOW, WHAT THE PURPOSE OF CLEAR VISION IS OR, AND WHETHER OR NOT THIS IS REALLY NEEDED. UH, IT'S NOT REALLY PROVIDING ANY ADDITIONAL GAIN TO ANYBODY OTHER THAN JUST BLOCKING VIEW, IN MY OPINION. 'CAUSE IT'S JUST A BIG DRIVEWAY. UH, ANYWAY, IT'S PUTTING THAT OUT. THERE. DOES HAVE A ROLL CALL VOTE PLEASE. I COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER GOMEZ? I DO NOT CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER BON? YES, I CONCUR. COMMISSIONER KAPLAN? I DO NOT CONCUR. CHAIR ORIAN. I CONCUR WITH THE FINDINGS OF FACT. UM, BUT MOTION FAILS EIGHT TO TWO. SO, UM, DO YOU HAVE ANY QUESTIONS YOU GET WITH STAFF ABOUT WHAT YOU CAN DO TO REMEDY THIS? ALL RIGHT. ITEM NUMBER EIGHT. ACTUALLY, ITEM EIGHT LOOKS PRETTY LONG AS ANYBODY NEED A BREAK? YES. UH, WE'RE GONNA TAKE A SEVEN MINUTE BREAK. WE RECONVENE AT 3 0 5 [02:17:11] [02:17:12] THREE OH TWO. WE'RE GONNA CALL THIS BACK INTO SESSION. UM, IT'S BEEN BROUGHT TO MY ATTENTION THAT WE HAVE A COUPLE SIGNED SUPERVISORS HERE. UH, WE'RE GONNA MOVE ITEM NUMBER 10 UP SO THEY CAN GET BACK OUT TO THE FIELD AND CONTINUE THEIR HARD WORK. ITEM 10. OKAY, ITEM 10, BO OA 24 1 0 3 0 0 2 10. ADDRESS, 2 6 6 4 2 VERDE ROAD COUNCIL DISTRICT NINE APPLICANT KATHY GARLAND. AND A REQUEST ONE, A FIVE FOOT VARIANCE FROM THE MINIMUM 45 SIGN HEIGHT TO INCLUDE 10 FEET FOR ADJACENT GRADE TO ALLOW A 50 FOOT SIGN HEIGHT AND TWO A 93 SQUARE FOOT VARIANCE FROM THE MAXIMUM 200 SIGN SQUARE FOOTAGE TO ALLOW A 293 SIGN SQUARE FOOTAGE SIGN. AND ZONING IS C3. THE SUBJECT PROPERTY IS LOCATED ALONG VERDE ROAD, WEST OF US HIGHWAY 2 81. THE APPLICANT IS REQUESTING A SIGN HEIGHT AND SIGN SQUARE FOOTAGE VARIANCE FOR A QUICK TRIP. THE SIGN IS NOT CURRENTLY CONSTRUCTED. THE SIGN CODE PRESCRIBES A MAXIMUM 45 HEIGHT TO INCLUDE 10 ADDITIONAL GRADE UP TO TWO AND UP TO 200 UH, SQUARE FEET. THE APPLICANT IS REQUESTING 50 FOOT HEIGHT AT 293 SQUARE FEET. THE APPLICANT STATED THE SIGN WILL BE OFF THE US HIGHWAY SIDE OF THE LOT AND THE SITE PLAN WHERE THE LOCATION IS, UH, OF THE SIGN RELATIVE. AND THEN, UM, SOUTH OF THAT WILL BE THE, UH, US HIGHWAY. AND SO THE PROPERTY, THIS IS FROM BULL, UM, BULL VERDE ROAD SINCE WE'RE UNABLE TO TAKE PICTURES FROM THE HIGHWAY SIDE AND SURROUNDING AREA. A STAFF RECOMMENDATION FOR ASSIGNED HEIGHT AND SQUARE FOOTAGE VARIANCES, STAFF RECOMMENDS DENIAL AND BO OA 24 1 0 3 0 0 2 1 0 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE VARIANCE WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND TWO ASSIGNED CONSTRUCTED IN COMPLIANCE WITH THE UDC STANDARDS WILL NOT CAUSE THE CESSATION OF LEGITIMATE LONGSTANDING ACTIVE COMMERCIAL USE OF THE PROPERTY. MAILED OUT FIVE NOTICES, ZERO IN FAVOR, ZERO IN OPPOSITION, AND NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET. AND THAT CONCLUDES STAFF PRESENTATION. APPLICANT IS AVAILABLE. MANNA COMMISSIONER MANNA. SO QUESTION FOR STAFF HERE. SO, [02:20:01] SO THE REQUEST, CAN YOU GO INTO DETAIL, EXPLAIN, UM, THE FIRST SENTENCE, A FIVE FOOT VARIANCE FROM THE MAXIMUM 45 TO INCLUDE A 10 FOOT ADJACENT GRADE. SO WHAT DOES THAT MEAN? I GET THAT MARCO ADJACENT GRADE . SO IF THERE'S A DIFFERENCE IN ELEVATION, UH, SIGNIFICANT DIFFERENCE IN ELEVATION, THE SIGN DEPARTMENT CAN GRANT THEM THAT ADDITIONAL HEIGHT WITHOUT THE BOARD OF ADJUSTMENT. THIS IS IN ADDITION TO THAT. OKAY. SO, SO WHAT IS THE MAXIMUM HEIGHT FOR THIS PROPERTY? AND THEN WHAT IS IT? THEY GOT THE 10 FOOT ADDITION AND THEN, AND THEN THEY'RE LOOKING. SO CAN YOU GO BREAK THAT DOWN FOR ME PLEASE? UH, ARE YOU ASKING FOR THE SIGN HEIGHT OR THE BUILDING HEIGHT? WELL, I GUESS I'M JUST TRYING TO B BETTER UNDERSTAND WHAT IT IS THAT'S BEING STATED HERE WITH REGARDS TO THE VARIANCE, UH, WITH THE 10 FOOT. SO WHAT IS PERMITTED HEIGHT, YOU KNOW, UH, WITH THE JASON GRADE? SO WHAT WOULD BE PERMITTED BY, RIGHT? AND THEN WHAT IS IT THAT'S BEING ASKED ABOVE THAT? SO LET'S HAVE THE SIGN. I I CAN ANSWER THAT. EDWARD EDWARD RODRIGUEZ, CITY OF SAN ANTONIO, UH, SIGN INSPECTOR. SO THE MAXIMUM HEIGHT THAT THEY'RE ALLOWED FOR, FOR THE GATEWAY CORRIDOR THERE IS 35 FEET AND THEN THEY HAVE GREAT SEPARATION 'CAUSE THERE'S AN OVERPASS OR, OR SOMETHING. SO THEY'RE ALLOWED 10 MORE FEET. SO THE MAX WOULD BE BE 45 FEET. AND SO NOW THEY'RE ASKING FOR FIVE MORE. ALRIGHT, LETS HAVE THE APPLICANT COME FORWARD. GOOD AFTERNOON. IF YOU COULD PLEASE STATE YOUR NAME, TELL US ABOUT YOUR SIGN. OKAY, SO MY NAME IS KATHY GARLAND. I AM A REAL ESTATE PROJECT MANAGER WITH QUICKTRIP AND I DO HAVE A PRESENTATION. UM, STEPH DID SAY THAT THEY DID, DID NOT RECEIVE ANY, UM, NOTICES IN FAVOR. WE WE DID RECEIVE NOTICE OF ONE. I'M NOT SURE IF IT JUST DIDN'T GET MAILED, BUT, UM, THAT'S OKAY. WE'LL GET INTO THE, UM, PRESENTATION AND I'LL KIND OF TALK ABOUT THE SIGN A LITTLE BIT. UM, I DID WANNA NOTE THAT THOSE PICTURES, AS THEY STATED, ARE IN THE BOULEVARD SIDE. SO WHEN YOU SEE THOSE HOMES AND STUFF LIKE THAT, THAT IS NOT WHERE OUR SIGN WILL BE. UM, THE SIGN WILL BE ADJACENT TO 2 81. AND THAT'S ACTUALLY OUR, UM, OUR ADDRESS AS WELL. SO THIS PROPERTY WAS RECENTLY REPLANTED. UM, THE FINAL PLAT WAS APPROVED LAST WEEK AT PLANNING COMMISSION. SO IT'LL BE RECORDED SHORTLY WITH THAT. OUR FINAL ADDRESS PLAT WILL BE, UM, RECORDED AND THE ADDRESS FOR THE PROPERTY IS ACTUALLY GONNA BE 2 6 6 3 1. NO, US HIGHWAY 2 81. SO AGAIN, EVERYTHING IS ALONG 2 81. WE'RE NOT ASKING FOR ANYTHING ON BOULDER ROAD. UM, AND YOU CAN, THE SITE IS KIND OF AT THE ENDS OF THE CITY. SAN ANTONIO CITY LIMITS. IT'S ABOUT SIX MILES NORTH OF 1604 AT 2 81 AND VERDE ROAD. NEXT SLIDE. UM, AND JUST THE ZONING MAP REAL QUICK. YOU CAN KIND OF SEE THAT WE'RE VERY CLOSE TO SOME, UM, OUT OF CITY LIMITS PROPERTIES. WE ARE G UH, WE ARE C3 AND WE ARE IN A GATEWAY CORRIDOR. SO THE GATEWAY CORRIDOR STANDARDS THAT WE'VE ALREADY TALKED ABOUT, UM, THAT THE SIGN INSPECTOR WAS ABLE TO PROVIDE YOU WITH SOME INFORMATION FOR A SINGLE TENANT SIGN. THOSE ARE THE STANDARDS THAT ARE ALLOWED. UM, 200 SQUARE FEET MAXIMUM AND FOUR FIVE FOOT. THE 35 FOOT WITH THE ADDITIONAL ALLOWANCE FOR THE ELEVATED ROADWAY, WHICH IS 2 81 ADJACENT TO OUR SITE. UM, THE STANDARD CITY OF SAN ANTONIO SIGN CODE. YOU CAN SEE THERE, WE WOULD BE ALLOWED 350 SQUARE FEET. UM, SO IT'S A SIGNIFICANT DIFFERENCE. AND ONE OTHER THING I WANNA NOTE IS, UM, WE HAVE TALKED TO THE SIGN DEPARTMENT A LITTLE BIT ABOUT THIS. QUICKTRIP IS A SINGLE OCCUPANCY. WE WOULD HAVE ONE CERTIFICATE OF OCCUPANCY, MULTI-TENANT STANDARDS IN THIS CORRIDOR. OUR SIGN WOULD BE ALLOWED. UM, SO YES, THE 45 FOOT IS THE LIMIT, BUT IT ACTUALLY GOES UP SIGNIFICANTLY FROM THERE. I BELIEVE 50 FOOT FOR A FOUR TENANT SIGN. IT'S, IT GOES UP. UM, BUT WE ARE ONE TENANT TECHNICALLY. UM, WE DO HAVE MULTIPLE USES. ONE TENANT THOUGH. NEXT SLIDE PLEASE. SO HERE'S A LITTLE, LITTLE MORE DETAIL OF THE SIGN ITSELF. UM, IT IS OUR NORMAL SIGN IF YOU'VE SEEN 'EM AROUND THE CITY. WE DO HAVE, UM, SEVERAL, WE HAVE 28 STORES WITHIN THE CITY OF SAN ANTONIO SO FAR. WE VERY RARELY HAVE TO COME TO THE BOARD REQUESTING AN ADJUSTMENT. UM, THE SAN ANTONIO SIGN CODE DOES WORK WITH US, UM, FOR OUR NEEDS IN MOST AREAS. UM, THIS IS THE FIRST TIME WE'VE HAD ONE IN THIS OVERLAY. YOU CAN SEE THAT THE QT BUTTON SIGN RIGHT UP HERE. UM, IF MY POINTER IS WORKING, SO THIS PART RIGHT HERE, THE QT SIGN, THAT TOTAL SQUARE FOOTAGE IS 199 SQUARE FEET. SO IT DOES FALL WITHIN THE 200 SQUARE FEET THAT WE ARE ALLOWED HERE. WHERE THE UM, RELIEF IS SOUGHT IS THAT PRICER SIGN RIGHT UNDERNEATH IT. AND THAT IS A TOTAL OF 94 SQUARE FEET. SO TOTAL OF 293. UM, SOME JURISDICTIONS CONSIDER THAT PART OF THE SIGN, SOME DON'T BECAUSE IT'S MERELY INFORMATIONAL. UM, SAN ANTONIO DOES CONSIDER IT PART OF THE SIGN. SO THAT'S WHERE WE'RE SEEKING RELIEF FROM THIS. AND ANOTHER THING TO NOTE IS THE OVERALL HEIGHT OF THE SIGN. THE VERY TOP OF IT IS WHERE THE 50 FOOT COMES INTO PLAY. TOTAL, THE PRICER IS EIGHT FEET AND THEN THE BUTTON IS 13. SO THE BASE OF OUR SIGN WILL BE, UM, AT, UH, 29 FEET [02:25:01] AND IT'LL GO UP FROM THERE. SO IN ORDER FOR THE WHOLE SIGN TO BE VISIBLE, WE DO NEED A LITTLE BIT OF EXTRA RELIEF. AND I'LL GET INTO SOME LITTLE MORE JUSTIFICATION HERE IN A MINUTE. UM, THIS, THIS IS THE SAME SITE PLAN THAT WAS DESCRIBED. YOU CAN SEE, UM, THE NORTH ARROW IS TO THE RIGHT. AND SO OUR SIGN WILL BE ON THE EAST SIDE OF THE PROPERTY FACING 2 81. HERE'S OUR STORE AND OUR CANOPY. SO ONE OTHER THING TO NOTE ALONG THIS AREA, UM, YES, THE ROADWAY IS ELEVATED, BUT ANOTHER THING THAT MAKES THIS SITE REALLY UNIQUE IS FROM NORTH TO SOUTH. THE SITE SLOPE SIGNIFICANTLY. THE LOTS THAT HAVE JUST BEEN REPLANTED, UM, A COUPLE OF THEM NORTH OF US, UH, LOT THREE I BELIEVE IS 20 FEET HIGHER THAN OUR LOT. SO IF THEY COME IN AND ASK FOR A 35 FOOT SIGN, WELL 45, UM, DEPENDING ON THE ELEVATION OF THE ROADWAY, THEY'RE ALREADY GOING TO BE SITTING 15 FEET HIGHER THAN US. SO WE JUST NEED A LITTLE BIT OF EXTRA RELIEF SO THAT WE'RE ON THE SAME LEVEL AS THE SITES THAT ARE ALREADY HIGHER DUE TO THE ELEVATION OF THE SITE. I MEAN, YOU CAN JUST KIND OF SEE, YOU CAN SEE THE OVERPASSING QUESTION THERE. THAT OVERPASS HAS A 17 FOOT SOMETHING CLEARANCE WITH ADDITIONAL HEIGHT OF THE, UM, CONCRETE BARRIERS, KIND OF MAKING IT OVER 20 FEET TALL. AND YOU CAN SEE, UM, SOME LARGE POWER POLES ALONG THE ROADWAY AS WELL THAT ARE IN THE RIGHT OF WAY. AND WE'LL KIND OF IMPEDE VISIBILITY OF OUR SIGN. 'CAUSE THE SIGN WON'T BE ON OUR PROPERTY. AND SO THIS IS, UM, A GOOGLE MODEL THAT OUR, UM, CAD TEAM CAN PUT TOGETHER OVER AN ENGINEERING. IT TAKES THE EXACT DIMENSIONS OF THE SIGNS AND SCALES IT DOWN INTO A KMZ VIAL AND PLACES IT OVER EXISTING CONDITIONS. SO YOU CAN SEE RIGHT HERE, THERE ARE SEVERAL COMMERCIAL PROPERTIES NEARBY. UM, THE WHATABURGER SIGN RIGHT HERE, WALGREENS RIGHT HERE. THESE ARE BOTH QUITE LARGE. THERE'S A MCDONALD'S RIGHT HERE. THERE'S ALSO A DUTCH BROTHERS OVER HERE THAT HAS A FAIRLY LARGE SIGN, BUT IT'S NOT AS TALL. AND ONE THING TO NOTE RIGHT HERE, THIS MCDONALD'S SIGN IS 50 FOOT TALL. IT WAS APPROVED WITH A VARIANCE AND WAS CONSTRUCTED LAST YEAR. SO MCDONALD'S IS ANOTHER NATIONWIDE BRAND LIKE QUIKTRIP. UM, IT TAKES THEIR SIGNAGE VERY SERIOUSLY, KNOWS WHAT IT TAKES, UM, YOU KNOW, TO ADVERTISE ADEQUATELY AND THEN ALSO TRIES TO BLEND IN INTO THE COMMUNITY. YOU KNOW, THERE ARE SOME MCDONALD'S SIGNS THAT ARE OVER A HUNDRED FEET TALL. THERE'S SOME THAT ARE 20. UM, THEY LOOK AT EACH SITE UNIQUELY AND SO DO WE. SO THIS IS WHERE WE LOOKED AT OUR SIGN. WE SAW WHAT WAS THERE, WHAT WE NEED, WHAT WE USUALLY, UM, GET IN THE CITY OF SAN ANTONIO. AND THIS SIGN IS ACTUALLY SMALLER THAN MOST OF THE SIGNS WE HAVE WITHIN THE CITY. IT STILL DOESN'T QUITE MEET THE OVERLAY STANDARDS, BUT IT ALLOWS US TO ADEQUATELY ADVERTISE WHILE STILL MEETING THE INTENT OF THE CODE. NEXT LINE. AND THIS IS JUST HEADING SOUTHBOUND AGAIN, YOU CAN SEE OTHER COMMERCIAL PROPERTIES OVER THERE TO THE LEFT AND YOU CAN SEE WHERE OUR SIGN IS, HOW THE SITE IS SLOPING DOWN FROM NORTH TO SOUTH, AND THOSE LARGE POWER POLES THAT WILL KIND OF IMPACT VISIBILITY AS WELL. SO WE JUST NEED TO MAKE SURE THAT THE SIGN IS TALL ENOUGH AND BIG ENOUGH SO YOU CAN SEE IT AND SAFELY JUST MAKE THE DECISION, UM, TO COME AND SHOP THERE WHILE BEING, UM, IN LINE WITH THE POWER POLES IN THE EXISTING TOPOGRAPHY. AND SO HERE ARE THOSE SIGNS THAT I WAS TALKING ABOUT. HERE'S A LITTLE BIT, UM, CLEAR VIEW OF ALL OF THESE. YOU CAN SEE QUITE CLEARLY THAT THE WHATABURGER SIGN LOOKS LARGE NEXT TO THE WALGREENS. IF YOU LOOK OVER HERE IN THE CORNER, YOU CANNOT SEE THAT WHATABURGER SIGN. IT'S DWARFED BY THIS OVERPASS. AND THEN THIS MCDONALD'S SIGN THAT IS 50 FEET TALL AT THE INTERSECTION JUST BARELY PEAKS OVER THAT OVERPASS. IT'S ABOUT THE RIGHT HEIGHT. YOU CAN SEE WHY THEY REQUESTED THE ADDITIONAL HEIGHT FROM THE BOARD AND INSTALLED THAT. AND THAT'S EXACTLY WHAT WE'RE LOOKING FOR, JUST TO GET ENOUGH HEIGHT TO PUT IT AT THE SAME LEVEL AS THE EXISTING PROPERTIES THAT ARE GOING TO BE COMING IN NOW THAT THE PROPERTY'S BEEN PLOTTED AND IS GONNA BE DEVELOPED. AND SO JUST TO KIND OF WRAP UP, UM, THE SITE IS ALONG AN EXPRESSWAY IN A COMMERCIAL AREA WITH SIMILAR USES AND SIGNAGE PRESENT. SO WE'LL NOT IMPACT THE CHARACTER OF THE AREA. UM, US 2 81 IS ELEVATED BY UP TO 20 FEET AT THE INTERSECTION. THERE ARE LARGE POWER POLES AND TRANSMISSION POLES, UM, THAT WILL IMPEDE VISIBILITY IN THIS AREA. OTHERS IN THE AREA HAVE RECEIVED SIMILAR CONSIDERATION FOR RELIEF. UM, LIKE I SAID, THE MCDONALD'S SIGN IS 50 FOOT, WHICH IS EXACTLY WHAT WE'RE ASKING FOR. AND THAT VARIANCE WAS APPROVED AND THE SIGN WAS INSTALLED IN 2023. AND LIKE I SAID, THE PROPOSED SIGN IS SMALLER THAN MANY OF OUR CITY OF SAN ANTONIO STORES. YOU KNOW, TYPICALLY ONE OF OUR QUIKTRIP STORES IS ALLOWED 350 SQUARE FEET. THIS ONE IS A TOTAL OF 293. WE WERE ABLE TO COME DOWN TRIM 57 SQUARE FEET. UM, ONE OF THE BIG THINGS TO CONSIDER IS THE PROPORTION OF THE PRICER TO THE OVERALL BUTTON SIGN. YOU NEED TO MAKE SURE THAT YOU CAN SEE BOTH ADEQUATELY AND, UM, IT'S JUST KIND OF AN INDUSTRY STANDARD TO HAVE THAT PRICE OR SIGN INCLUDED WITH THE, UM, BRAND SIGN. SO WE DO WANT TO MAKE SURE THAT WE'RE, UM, YOU KNOW, MAINTAINING OUR CONSISTENT IMAGE WHILE TRYING TO MEET THE INTENT OF THE OVERLAY. AND I'M AVAILABLE FOR ANY QUESTIONS. THANK YOU. DEAN BRAGMAN, UH, COMMISSIONER BRAGMAN, THIS, DO YOU HAPPEN TO KNOW, MAYBE THIS IS A, [02:30:01] A QUESTION FOR THE SIGN DEPARTMENT. DO YOU KNOW HOW LARGE THE MCDONALD'S SIGN IS IN TERMS OF SQUARE FOOTAGE? I DON'T KNOW THAT OFFHAND. I BELIEVE IT STAYED UNDERNEATH THE 200. I BELIEVE IT STAYED AT THE 200, UH, WHEN IT CAME TO THE BOARD, IF I'M NOT MISTAKEN. YEAH, BECAUSE I REMEMBER, I REMEMBER, I'M NOT SURE THE, I REMEMBER THE CASE THAT, BECAUSE IT LOOKS QUITE LARGE BECAUSE I BELIEVE, UH, COMMISSIONER REQUESTING WHETHER WE BOX OFF OR WE DON'T. YEAH, YEAH. THAT, THAT ONE, THAT ONE DIDN'T HAVE A LOT OF, UH, FILL IN THE BOX. SO I I RECALL THAT ONE AS WELL. AND OUR CODE DOES REQUIRE BOX. YEAH. UH, I HAVE A QUESTION. SO ON, ON THE, UH, COASTAL ONE STOP, DOES YOUR PROPERTY ACTUALLY FRONT THE RIGHT OF WAY TECHNICALLY ALONG PART OF IT? IT DOES. UM, AND THEN THERE'S LIKE AN EXTENDED BLOCK OF RIGHT OF WAY. IT'S VERY STRANGE IF YOU PULL UP THAT ONE STOP MAP, IT'S A LITTLE, IT'S A LITTLE ODD. I MEAN, THIS IS WHY IT'S A LITTLE CONFUSING. 'CAUSE ON THE ONE STOP MAP IT, IT'LL LOSE IT. THERE'S A BUSINESS BETWEEN YOU AND THAT RIGHT IN THE HIGHWAY, THERE'S NOT, UM, THAT IS ALL CONSIDERED RIGHT OF WAY. LIKE YOU SEE, SO YOU, YOU'RE THAT C3, UH, THAT PRELIMINARY PLAT AREA? MM-HMM. . AND THEN THERE'S A GCC THREE IN RED. THE EASY RD YEAH. AND THE, AND THE C3 APPEARS TO BE RIGHT ON TOP OF ANOTHER BUILDING. YOU SEE THAT TEXT? UM, THAT AREA IS ALL WOODED. THERE IS NO STRUCTURES PRESENT IN THAT AREA. OKAY. YEAH. IT JUST, AND THAT'S ANOTHER REASON WHY WE NEED THE SIGN VISIBILITY. THOSE, UM, TREES ARE, THERE'RE NOT ON OUR PROPERTY. WE CAN'T CLEAR THOSE. IT'S SO CONFUSING. CAN YOU SHOW EXACTLY LASER, LIKE WHERE THE SIGN IS GONNA BE? IT'S GONNA BE RIGHT HERE. SORRY, MY HAND IS SHAKING RIGHT THERE, RIGHT WHERE IT KIND OF CUTS. SO, SO STAFF BETWEEN WHERE SHE JUST POINTED AT THE EDGE OF HER PLAT THERE, THERE'S NO OTHER COMMERCIAL. IT, IT SAYS C3. IT SHOWS A SERIES OF BUILDINGS GOING DOWN THE HIGHWAY. I I MEAN, I KNOW SOMETIMES THESE MAPS GET A LITTLE SKEWED, BUT THIS IS, YOU KNOW, IT DOESN'T SEEM TO MATCH UP WITH THE GOOGLE EARTH. I'M REALLY CONFUSED. I JUST, SO THAT LITTLE, THAT LITTLE POP OUT, THAT'S YOUR FRONTAGE ON 2 81? UM, OUR FRONTAGE ON 2 81 EXISTS FROM ABOUT RIGHT HERE. IF YOU BACK TO THE RIGHT HERE, THERE WERE BUILDINGS THERE. THOSE HAVE BEEN, UM, DEMOLISHED SINCE THEN. OH, SO THERE, THERE WAS A CELL, THERE WAS, UM, A STORAGE FACILITY, I BELIEVE. OKAY. SO A RECREATIONAL VEHICLE STORAGE FACILITY. SO THE CITY MAP THAT THAT'S UP RIGHT NOW, THAT'S IT JUST HASN'T BEEN UPDATED. YEAH, PROBABLY LIKE I SAID, THIS PROPERTY WAS JUST, THE PLAT WAS JUST FINALIZED LAST WEEK AT PLANNING COMMISSION. YEAH, BUT THEY ALREADY HAVE THEIR PERMITS. UM, I MEAN IT LOOKS LIKE JUST SOME GRADING AND, UM, DEMOLITION. IT LOOKS LIKE TEXTILE DID A RIGHT, RIGHT OF WAY ACQUISITION. GOT RID OF THOSE BUILDINGS AND NOW YOU HAVE THE FRONTAGE TO THE RIGHT OF WAY THAT LITTLE SHOP. UM, I DON'T THINK ANY RIGHT OF WAY CHANGED. I'M NOT SURE, BUT I BELIEVE THAT THOSE BUILDINGS WERE NOT IN THE RIGHT OF WAY. I MEAN, THE AERIAL DOESN'T LIE, BUT I'M JUST, IT'S JUST ODD TO SEE THAT MUCH OF A DEVIATION. THE ONLY THING THAT MAKES ANY SENSE IS THAT THERE WAS A RIGHT OF WAY TAKING, BUT YEAH, AND I WASN'T PART OF THE PLAT PROCESS. UM, THE SELLER DID THE PLAT PROCESS, SO I DON'T ACTUALLY KNOW THE TRANSACTIONS THAT WENT WITH THE RIGHT OF WAY. OKAY. THANK YOU. MM-HMM. , DEAN, COMMISSIONER, DEAN, ARE YOU OFFERING DIESEL THERE? IS THAT GONNA BE YOUR ONLY DIGITAL? UH, THAT WILL BE OUR ONLY DIGITAL. UM, WELL, NO, THERE WILL BE A STANDARD THREE PRICER SIGN OVER ON VERDE ROAD THAT WILL MEET CODE. UM, AND THAT WILL HAVE THE DIESEL PRICE. THIS WILL NOT HAVE TRUCK FUELING AT ALL. IT IS JUST A STANDARD, UM, VE PASSENGER VEHICLE STORE. BUT WE DO OFFER DIESEL AT ALL OF OUR FACILITIES, BUT IT NOT A SEPARATE CANOPY JUST ON EVERY PUMP. I SEE. OKAY. I JUST WANTED TO UNDERSTAND IF THIS WAS EXACTLY WHAT I'M SEEING. THANK YOU. YES, YES IT IS. ALL RIGHT. ANY OTHER QUESTIONS? NONE. ALL RIGHT. WELL, IS THERE ANYONE SIGNED TO SPEAK ON THIS? NO. PUBLIC COMMENT. ALL RIGHTY. WELL, I'M LOOKING FOR A MOTION THEN. MAKE MOTION. ALRIGHT, COMMISSIONER KAPLAN REGARDING VARIANCE CASE NUMBER BO OA 24 DASH 1 0 3 0 0 2 0 1, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE A FIVE FOOT VARIANCE IN THE MAXIMUM 45 FOOT HEIGHT TO INCLUDE 10 INCH, UH, 10 FOOT ADDITIONAL GRADE TO ALLOW A 50 FOOT HEIGHT SIGN AND TWO, A 93 SQUARE FOOT VARIANCE IN THE MAXIMUM 200 SQUARE FOOT TO ALLOW A 293 SQUARE FOOT SIGN SITUATED AT 2 6 6 4. IS IT 2 6 6 4 2 OR 2 6 6 3 1 BILL 30. SO THE OLD 2 6 6 4 2, THAT IS THE, UM, I PRESUME IT'S THE ADDRESS OF THE STORAGE FACILITY THAT'S BEEN DEMOLISHED. OUR ADDRESS WILL BE 2 6 6 3 1. SO I SHOULD SAY 2 81 6 6 3 1. YEAH, THE LEGAL DESCRIPTION OF THE LOT IS, OKAY. HOLD ON A A SECOND. HOLD ON A SECOND. I KNOW IT'S, YEAH, [02:35:01] YEAH, BUT LET'S STAFF ANSWER. YEAH, SO WE CAN JUST, THE, THE ADDRESS WE HAVE ON A MOTION IS JUST WHAT BE COUNTY HAS. IT MIGHT CHANGE WHEN THEY GET THEIR ADDRESS IN, BUT THAT'S FINE. THE LEGAL DESCRIPTION DOESN'T. LEGAL IS THE SAME MATTER. UM, I MEAN IT DOES MATTER, BUT THIS IS ACCURATE. OKAY. I JUST WANNA MAKE SURE THAT I'M NOT GIVING THE WRONG ADDRESS. YOU'RE GOOD MA'AM. OKAY. 2 6 6. I ALSO, MA'AM, YOU, YOU NOTED, UH, 2 0 1 AS THE CASE NUMBER, BUT IT'S 2 1 0 AT THE END. OH, YOU'RE ABSOLUTELY RIGHT. TWO, ONE. I THOUGHT I SAID TWO. ONE ZERO. SORRY. YES. 2 1 0. OKAY. SO IT'S SITUATED AT 2 6 6 4 2 VERDE ROAD, APPLICANT BEING KATHY GARLAND, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE IS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE THE VARIANCE IS NECESSARY BECAUSE STRICT ENFORCEMENT OF THIS ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SCIENCE ON THE SITE. CONSIDERING THE UNIQUE FEATURES OF A SITE SUCH AS ITS DIMENSIONS, LANDSCAPING, OR TOPOGRAPHY, OR TWO, A DENIAL OF THE VARIANCE WOULD PROBABLY CAUSE A CESSATION OF LEGITIMATE LONGSTANDING ACTIVE COMMERCIAL USE OF THE PROPERTY. THE PROPERTY IS CURRENTLY PERMITTED A 45 FOOT SIGN HIGH TO INCLUDE 10 FOOT ADDITIONAL GRADE AT 200 SQUARE FEET. THE PERMITTED DIMENSIONS MAKE THE VARIANCE NECESSARY BECAUSE STRICT ENFORCEMENT OF THIS ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNS ON THE SITE CONSIDERING THE UNIQUE FEATURES OF A SITE SUCH AS ITS DIMENSIONS, LANDSCAPING, AND TOPOGRAPHY. THREE, AFTER SEEKING ONE OR MORE OF THE FINDINGS SET FORTH IN SUB PARAGRAPHS ONE AND TWO, THE BOARD FINDS THAT A GRANTING THE VARIANCE DOES NOT PROVIDE THE APPLICANT WITH A SPECIAL PRIVILEGE, NOT ENJOYED BY OTHERS SIMILARLY SITUATED OR POTENTIALLY SIMILARLY SITUATED. THE PROPOSED SIGN DOES NOT APPEAR TO PROVIDE A SPECIAL PRIVILEGE AS THE SIGN THAT WILL NOT BE OUT OF CHARACTER IN THE AREA IN WHICH THE SIGN IS LOCATED AND WILL BE CONSISTENT WITH OTHER SIMILAR APPROVED SIGNS ERECTED IN THE CITY. UNDER THIS BUSINESS, B GRANTING THE VARIANCE WILL NOT HAVE A SUBSTANTIALLY ADVERSE IMPACT ON NEIGHBORING PROPERTIES. THE PROPOSED VARIANCE DOES NOT APPEAR TO HAVE AN ADVERSE, UH, IMPACT ON NEIGHBORING PROPERTIES AS SIGN HEIGHT WILL NOT BE OUT OF CHARACTER FOR THE AREA AND DISTRICT IN WHICH THE PROPERTY IS LOCATED. C GRANTING THE VARIANCE WILL NOT SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSES OF THIS ARTICLE. THE REQUESTED VARIANCE DOES NOT APPEAR TO SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSE OF THE CHAPTER. FURTHERMORE, THE REQUESTED SIGNS EXCEEDING THE 40 FOOT IN HEIGHT AND 200, UH, FOOT SQUARE FOOT SIZE WILL NOT BE OUT OF CHARACTER FOR THE IMMEDIATE AREA IN WHICH THE PROPERTY IS LOCATED. END OF MOTION. IS THERE A SECOND? SECOND. SECOND BY COMMISSIONER BONILLA. COMMISSIONER KAPLAN? YEAH, I'LL, I THINK I'LL BE IN FAVOR OF THIS. UM, GIVEN THE UNIQUE LOCATION, AS YOU SAID, THE, IT'S ON A SLOPE, UM, I HAVE TRAVELED THAT PART OF 2 81, AND YOU'RE RIGHT, YOU CAN'T SEE ANYTHING, YOU REALLY CAN'T SEE ANY SIGNS, YOU CAN'T SEE MUCH OVER ANYTHING. SO THERE MIGHT BE A NEED IN ORDER TO, UM, UH, AS A SIGN. AND IN TERMS OF THE SQUARE FOOTAGE, I, YOU KNOW, I, I'D LIKE TO SAY NO, BUT I THINK A YES IS APPROPRIATE BECAUSE OF THE FACT THAT QT AND THEN BELOW YOU'RE JUST GIVING THE GAS PRICE. SO I'LL BE IN FAVOR OF BOTH. ALL RIGHT. COMMISSIONER BOIZ, I'LL ALSO BE IN FAVOR. UM, I THINK IT BEING LOCATED IN OVERPASS, THE TOPOGRAPHY OF WHERE IT IS, IT IS SITTING A LITTLE LOWER THAT, UM, THAT ASKING FOR AN EXTRA FIVE FEET IS, IS, IS, UM, IS DOABLE. UH, THE MCDONALD'S ALSO HAS THAT 50 FOOT, SO IF YOU'RE GONNA, YOU KNOW, IF THEY'RE GONNA BE ABLE TO ADVERTISE IT 50 FEET, YOU GUYS SHOULD BE ABLE TO AS WELL. UM, THEY'LL BE IN SUPPORT. ALL RIGHT. ANYONE ELSE? MANNA, MANNA, MR. MANNA? UM, SO, UM, I DIDN'T VOTE FOR MCDONALD FUND. UM, AND YOU KNOW, I THINK THE CITY OF SAN ANTONIO DID GET TOGETHER WITH THE BUSINESSES TO SAY, HERE'S THE HEIGHTS THAT WE WANT. THERE'S A 10 FOOT VARIANCE ALREADY PROVIDED BECAUSE OF THE, UH, TOPOGRAPHY. SO, UM, SO I REALLY, AND THEN AS, AS I GOOGLE DRIVE UP AND DOWN TWO ONE, I'M ABLE TO SEE THE LANDSCAPE AND THE SIGNS ABOVE IT. SO I DON'T SEE A REASON TO, UM, UM, WARRANT THIS. AND SO I DIDN'T HEAR ENOUGH OF A CASE, SO I'LL BE VOTING AGAINST THIS AGAIN. OKAY. ANYONE ELSE? ALL I'M GONNA CLOSE BY SAYING I'M IN SUPPORT, UH, BECAUSE, UH, THAT OVERPASSES WAY MORE THAN THE 10 FOOT ALLOTMENT CREDIT THAT YOU WOULD GET. SO THE EXTRA FIVE FEET DOESN'T BOTHER ME. UH, LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER. COMMISSIONER KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BONNIS. I CONCUR. COMMISSIONER STEVENS . NO, I DO NOT. CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER MENNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRECKMAN. I CONCUR WITH THE FINDINGS [02:40:01] OF FACT. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION FAILS EIGHT TO TWO. UM, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. YEAH, THANK YOU. AND WAS WHEN I WAS LOOKING AT THE MAP THOUGH, JUST THIS HAS NOTHING TO DO WITH THE SIGN THE RIGHT OF WAY THING. I WAS CONFUSED WHEN I WAS FIRST LOOKING AT THAT TOO. I THINK IT'S BECAUSE 2 81 CAME AND EXPANDED AND THEN THE FRONT OF ROAD IS THAT YEAH, I PULLED THE, YEAH. YEAH. SO I SAW THAT. YEAH, BUT NOTHING TO DO WITH THE SIGN. I JUST WANTED TO THROW THAT OUT THERE. THANK YOU. THANK YOU. ALRIGHT, IT IS COMMISSIONER DEAN, ARE YOU GOING TO, YEAH. YEAH. SO 3 25. COMMISSIONER DEAN IS LEAVING THE MEETING. WE'RE DOWN TO NINE PEOPLE. NINE PEOPLE. WE'RE BACK ON ITEM NUMBER EIGHT. ITEM NUMBER EIGHT IS BO OA DASH 24 DASH 0 3 0 1 98. ADDRESS BEING 10 10 STEVES AVENUE COUNCIL DISTRICT THREE APPLICANT BEING LETICIA MARTINEZ PEREZ. AND THIS IS A REQUEST FOR ONE A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A DETACHED CARPET CARPORT TO BE ONE INCH FROM THE FRONT SETBACK TO A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ACCESSORY STRUCTURE TO REMAIN ONE INCH FROM THE EAST SIDE SETBACK. THREE A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ACCESSORY STRUCTURE TO REMAIN ONE INCH FROM THE, IT WAS WESTERN EAST SIDE SETBACK, I THINK IT'S WEST. UH, FOUR. A TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT REAR SETBACK TO ALLOW AN ACCESSORY STRUCTURE TO BE THREE FEET FROM THE REAR SETBACK. FIVE A 49% IMPERVIOUS COVER VARIANCE FROM THE MAXIMUM 50% IMPERVIOUS COVER TO ALLOW A 99% IMPERVIOUS COVER IN THE FRONT. COVERAGE IN THE FRONT YARD. SIX A 20% LOT COVERAGE VARIANCE FROM THE MAXIMUM 50% LOCK COVERAGE TO ALLOW A 70% TOTAL COVERAGE FOR AN ACCESSORY STRUCTURE SIDE AND REAR YARD. AND SEVEN, A 600 SQUARE FOOT VARIANCE FROM THE MAXIMUM 2,500 SQUARE FOOT FLOOR AREA TO ALLOW A 3,100 SQUARE FOOT FLOOR AREA FOR AN ACCESSORY STRUCTURE IN THE SIDE. AND REAR YARD ZONING IS R FOUR. SUBJECT PROPERTY IS LOCATED SOUTH OF INTERSTATE 10, WEST OF INTERSTATE 37, APPROXIMATELY 130 FEET FROM THE SOUTH PRESSES STREET AND STEVE'S AVENUE INTERSECTION. ON JULY 31ST, 2023, CODE ENFORCEMENT WAS CON CONTACTED TO INVESTIGATE A, THE SUBJECT PROPERTY DUE TO A CHANGE OF ZONING REQUEST INITIATED BY THE PROPERTY OWNER. THE APPLICATION WAS WITHDRAWN ON AUGUST 17TH, 2023. THE CHANGE OF ZONING REVIEW AS WELL AS HISTORICAL VIEWS OF THE, THE PROPERTY INDICATED MULTIPLE PROJECTS HAD BEEN CONSTRUCTED ON THE PROPERTY SOMETIME AFTER MARCH OF 2019 WITHOUT OBTAINING PERMITS. THE APPLICANT BEING THE PROPERTY OWNER INHERITED THE RESIDENTIAL ESTATE IN 2022 AND IS REQUESTING MULTIPLE VARIANCES TO ALLOW IT ATTACHED. FRONT CARPORT TO BE ONE INCH FROM THE FRONT SETBACK, A REAR ACCESSORY STRUCTURE TO REMAIN ONE INCH FROM THE EAST SETBACK, A SIX INCH FROM THE WEST SETBACK, THREE INCH FROM THE SIDE SETBACK, REAR SETBACK THREE FEET FROM THE REAR SETBACK, 70% TOTAL COVERAGE IN THE ACCESSORY STRUCTURE SIDE AND REAR YARD, AS WELL AS TO ALLOW A REAR ACCESSORY STRUCTURE TO MAINTAIN A 3,100 SQUARE FOOT FLOOR AREA. ADDITIONALLY, WHILE CONDUCTING SITE VISITS, THE PROPERTIES ON THE OF THE PROPERTY STAFF, UH, DISCOVERED THE PROPERTY WOULD REQUIRED A 49% IMPERVIOUS COVER VARIANCE TO ALLOW A 99% IMPERVIOUS COVERAGE IN THE FRONT YARD. PERMITS ARE PENDING THE RESULTS OF THE BOARD OF ADJUSTMENT. THIS IS A SITE PLAN AND THIS IS SUBJECT PROPERTY. THIS IS THE FRONT OF THE SUBJECT PROPERTY. THIS IS A DETACHED, UH, ACCESSORY STRUCTURE OR CARPORT. THIS IS THE AERIAL VIEW. THIS IS A HISTORICAL VIEW FROM MARCH OF 2019. AND THIS GOES INTO THE FRONT SETBACK VARIANCE. [02:45:04] AND THESE ARE IMAGES PROVIDED BY THE APPLICANT. THIS GOES INTO THE EAST AND WEST SIDE REAR LOT. OUR SIDE REAR, UH, SORRY, EAST, WEST SIDE REAR AND LOT COVERAGE AND FLOOR AREA VARIANCES ALTOGETHER FOR THE REAR STRUCTURE AND IMAGES PROVIDED BY THE APPLICANT. AND THIS GOES INTO THE IMPERVIOUS COVERAGE. THIS IS THE SURROUNDING AREA. THIS IS THEIR NEIGHBORING, UH, COMMERCIAL PROPERTY AND THEN NEIGHBORING RESIDENTIAL PROPERTY STAFF RECOMMENDATION FOR THE FRONT SIDE REAR SETBACK AND IMPIOUS COVER LOT COVERAGE AND SQUARE FOOT FLOOR AREA VARIANCES. STAFF RECOMMENDS DENIAL AND BO OA DASH 24 DASH 0 3 0 0 1 98 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE REDUCED FRONT SIDE AND REAR SETBACKS WILL ENDURE NEIGHBORING PROPERTIES BY CREATING AN UNSAFE AND DISPROPORTIONATE DISTANCE BETWEEN PROPERTIES TO THE IMPERIOUS COVER VARIANCE WOULD SEVERELY REDUCE THE PROPERTY'S PERMEABLE SURFACE AREA, INCREASING RISK OF EXCESS WATER RUNOFF ONTO ADJACENT PROPERTIES AND RIGHT AWAY. AND THREE, THIS SIDE AND REAR SETBACKS OF THE REAR AND SIDE YARD ACCESSORY STRUCTURES ARE MORE COMPATIBLE WITH COMMERCIAL USES THAN WITH RESIDENTIAL ONES. STEPH MILLED 26 NOTICES, ZERO IN FAVOR, ZERO IN OPPOSITION. AND THE ROOSEVELT PARK NEIGHBORHOOD ASSOCIATION IS IN FAVOR. AND THAT WAS THROUGH A PHONE MESSAGE. OKAY. VOICEMAIL. AND THAT CONCLUDES STAFF'S PRESENTATION. ALRIGHT, THANK YOU. CAN YOU PLAY THE VOICEMAILS ON THIS ONE? NOW WE HAVE TWO VOICEMAILS WE CAN PLAY. YEP. YES. MY NAME IS JEFF HUNT. 1 2, 1 LORETTA PLACE. AND I AM THE PRESIDENT OF THE, UH, ROOSEVELT PARK NEIGHBORHOOD ASSOCIATION. OUR ASSOCIATION APPROVES THE VARIANCE AT, UH, CASE NUMBER 1 9 8 ON 10 10 THIEVES AVENUE. WE APPROVE AND SUPPORT THE VARIANCE CHANGE. WE DO NOT THINK IT IS EXCESSIVE AT ALL, AND IT IS NECESSARY FOR THE HOMEOWNER, SO WE DEFINITELY SUPPORT IT. THANK YOU. HELLO, THIS IS FRANCISCO MACIAS, THE OWNER OF 10 20 60 AVENUE. I AM CALLING IN RESPONSE TO THE, UM, LETTER FOR PETITION OF THAT, UH, CARPORT AT, UH, 10 10 STEVES AVENUE. I JUST WANTED TO, UM, MAKE MY WISHES KNOWN THAT, UH, I DO NOT APPROVE OF THAT CARPORT. IT IS, UM, AN EYESORE. IT LOOKS LIKE A COMMERCIAL, UH, CARPORT THAT SHOULD BE IN A CAR LOT SOMEWHERE. UM, NO, IT, UH, DOES NOT, UH, BELONG IN THIS NEIGHBORHOOD. THANK YOU SO MUCH. IF YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO CONTACT ME AT, UH, AREA CODE 2 1 0 3 5 5 4 7 3 3. AGAIN, MY NAME IS FRANCISCO MACIAS, OWNER OF 10 26 STEVES AVENUE, SAN ANTONIO, TEXAS 7 8 2 1 0. ALRIGHT, LET'S HAVE THE APPLICANT COME FORWARD PLEASE. GOOD AFTERNOON. MY NAME IS LETICIA MARTINEZ AND, UM, HERE FOR 10 10 STEVES AVENUE. UM, I'M FORMALLY REQUESTING THE VARIANCE FOR THE FRONT AND REAR CARPORTS LOCATED AT 10 10 STEVES AVENUE. FIRST, I WOULD LIKE TO APOLOGIZE FOR MY NON-COMPLIANCE WITH THE CITY CODES. THE INSTALLATION OF THESE CARPORTS WERE UNDERTAKEN BY MY LATE HUSBAND WHO PASSED [02:50:01] AWAY THIS JANUARY. AND WHEN I BECAME AWARE OF THIS ISSUE, I TOOK ACTION AND I'M HERE TO RECTIFY THE SITUATION TO THE BEST OF MY ABILITY. I'M HERE TO SPEAK FOR, UM, WHAT'S CURRENTLY THERE AND HOW IT'S BENEFITED THE PROPERTY AND MYSELF. THE HOME BELONGED TO MY PARENTS, BOTH OF WHOM ARE NOW DECEASED. MY MOTHER PASSED AWAY IN JANUARY, 2022. AND, UH, FROM WHAT I GATHER IT WAS, FROM WHAT I CAN REMEMBER, IT WAS DURING HER ILLNESS THAT THE IDEA TO ADD A FRONT CARPORT CAME INTO DISCUSSION. AS HER CONDITION DETERIORATED, HER MEDICAL APPOINTMENTS INCREASED, SOME OF WHICH REQUIRED URGENT ATTENTION AND THE HEAT FROM THE INSIDE THE VEHICLES CAUSED DELAYS IN GETTING HER TO THE DOCTOR QUICKLY. AND THE IDEA FOR THAT FRONT COP COP CARPORT STEMMED FROM THOSE CHALLENGING TIMES. ADDITIONALLY, UM, I DO BELIEVE THAT GRANTING THIS VARIANCE IS IMPORTANT FOR SAFETY REASONS. UM, THE TURN ON TO STEVE'S AVENUE WHEN TRAVELING SOUTH AND MAKING A LEFT TURN TO GO WEST IS QUITE WIDE AND MANY VEHICLES TEND TO SPEED THROUGH THAT AREA. THERE HAVE BEEN INCIDENTS OF CARS CRASHING INTO THE TELEPHONE POLE IN FRONT OF OUR HOUSE, AND SOME HAVE EVEN LOST CONTROL WHILE MAKING THAT TURN AND COMING DANGEROUSLY CLOSE TO OUR FRONT YARD. MOREOVER, THE CAR, THE FRONT CARPORT NOT ONLY PROVIDES THAT PEACE OF MIND, BUT OFFERS ESSENTIAL SHADE AND PROTECTION FOR OUR VEHICLES DURING THOSE SUMMER MONTHS. IT HAS ALSO BEEN NOTED FOR ITS CURB APPEAL AS MANY RESIDENTS HAVE APPROACHED US TO INQUIRE ABOUT IT. UM, THE CARPORT IN THE BACK OF THE PROPERTY WAS INSTALLED WITH THE, FROM WHAT I CAN REMEMBER, INTENTION OF ENHANCING THE VISIBILITY IN THAT AREA DIRECTLY TO THE EAST OF THE HOUSE. LIES A, UH, COMMERCIAL LOT THAT WAS PREVIOUSLY OCCUPIED BY A LIQUOR STORE, BUT IT HAS SINCE BECOME A HOTSPOT FOR THE HOMELESS POPULATION. SEVERAL INDIVIDUALS FREQUENT THIS LOT AND THERE HAVE BEEN INCIDENTS OF THEM DRINKING AND DRUG PARAPHERNALIA THERE WITH, UM, SOME ATTEMPTING ACCESS TO OUR BACKYARD BY BREAKING THROUGH THE WOODEN PRIVACY FENCES AND OR SIMPLY JUMPING OVER IT INTO OUR YARD TO COMBAT THIS ISSUE. WE LOOKED AT, UM, DISCUSS LIKE POSSIBLY RAISING THE HEIGHT OF THE CARPORT AND THEN INSTALLING SOME ADDITIONAL LIGHTING. UH, MY TEENAGE DAUGHTER'S BEDROOM IS SITUATED NEXT TO THAT COMMERCIAL LIGHT AND AFTER EXPERIENCING A FEW UNSETTLING INCIDENTS, SHE CAN NO, SHE NO LONGER WANTED TO STAY IN THAT ROOM. WE HAVE CONTACTED, WE DID CONTACT THE CITY POLICE MULTIPLE TIMES AND WE WERE INFORMED THAT WHILE THEY, UM, COULD ASK THE INDIVIDUALS TO LEAVE, THERE WAS NO GUARANTEE THAT THAT SOLUTION WOULD BE PERMANENT. ADDRESSING THIS PROBLEM REQUIRED REACHING OUT TO THE PROPERTY OWNER TO REQUEST THE INSTALLATION OF NO TRESPASSING SIGNS. UNFORTUNATELY, THE OWNER TRAVELS FREQUENTLY OUTTA THE COUNTRY AND, UM, IT RESULTS IN MANY MONTHS OF DELAYS IN COMMUNICATION. UM, AND SO EVEN, EVEN AFTER HE MANAGES TO CLEAN UP THE PROPERTY AND POST SIGNS, THE INDIVIDUALS OFTEN RETURN, REMOVE THE SIGNS, AND THEN THE CYCLE BEGINS AGAIN. I'VE ALSO BROUGHT SOME PHOTOS TO ILLUSTRATE SOME OF WHAT I'VE MENTIONED, IF YOU WOULD LIKE TO SEE THEM OVERALL, I JUST WANNA EXPRESS MY GRATITUDE TO EACH OF YOU FOR TAKING THE TIME TO CONSIDER MY REASONS FOR GRANTING THIS VARIANCE. AND I'LL TAKE ANY QUESTIONS. YEAH. UH, YOU HAD SAID YOU HAD PHOTOGRAPHS. IS THAT SOMETHING WE NEED TO PROJECT UP THERE? BECAUSE THEY CAN, THEY CAN DO THAT. YEAH. SO, AND I, AND I, I, I GOTTA START OFF BY CLARIFYING SOME OF THIS REQUEST. SO THE 600, UH, VARIANCE TO ALLOW A 3,100 MAX ACCESSORY USE IS, IS STAFF SAYING THAT THAT CARPORT IN THE REAR YARD IS 3,100 SQUARE FEET? THE OVER, NOT JUST THE CARPORT, BUT THE, THE ONE IN THE FRONT END, EVERYTHING? NO, NO, NO. JUST THE, JUST THE BACK STRUCTURE IS THAT THE CARPORT AND I THINK THEY HAVE A SHED OR MAYBE TWO SHEDS IN THE BACK, SO OKAY. EVERYTHING WAS ENCOMPASSED IN THAT. AND HOW MANY PARKING SPACES DO YOU HAVE IN THE CARPORT IN YOUR REAR YARD? TWO. TWO. WELL, TWO THAT ARE PER, UH, TWO AND YEAH, TWO. SO I'M BRINGING THAT UP BECAUSE, UM, YOU'VE GOT PARKING FOR FOUR VEHICLES IN THE FRONT AND THEN YOU HAVE THIS VERY, VERY LONG DRIVEWAY WITH ALL THAT PAVING JUST TO GET THE TWO MORE VEHICLES CORRECT. MM-HMM. AND THIS, AND IT JUST SEEMS SO, SO LARGE AND SO MUCH PAVEMENT JUST FOR TWO CARS. HOW, HOW MANY CARS DO YOU HAVE AT THIS, AT THIS, UH, RESIDENCE? WELL, I'VE HAD TO LEAVE THE HOUSE, UM, BECAUSE OF THE SITUATION THAT WE, SO I HAVE, UM, A FRIEND OF THE FAMILY STAYING THERE WITH HIS FAMILY AND SO THEY HAVE, I WANNA SAY THREE VEHICLES. OKAY. BUT YOU'RE NOT RUNNING A BUSINESS OUT OF THIS? NO, NO, SIR. ALRIGHT. UH, ANY OTHER COMMISSIONER QUESTIONS QUESTION? WHY DO YOU HAVE THAT HUGE CARPORT IN THE BACK? THERE WAS ONE THERE PREVIOUSLY, BUT WHAT HAPPENED WAS THAT IT WAS LOWER AND THEY WOULD JUMP OVER THE FENCE, JUMP ONTO THE CARPORT IN THE BACK AND DO STUFF ON TOP OF THE CARPORT. AND, UM, SO OUR IDEA, THE IDEA WAS TO JUST HEIGHTEN IT. THAT'S, THAT'S WHAT I CAN REMEMBER FROM CONVERSATIONS [02:55:01] THAT I HAD HAD WITH MY HUSBAND PREVIOUSLY. WAS THAT THE ORIGINAL CARPORT FOR NO, THERE WAS NO CARPORT INITIALLY IN THE FRONT YARD. SO WAS THAT THE, OR THE BA THE REAR WAS THE ORIGINAL PLACE OF THE CARPORT. THE CARPORT THAT YOU SEE NOW YEAH. IS NOT THE ORIGINAL ONE. THERE WAS ONE THERE PREVIOUSLY IN THE FRONT IN THE, I I'M TALKING ABOUT THE REAR IN THE BACK. REAR. AND WAS THERE ONE IN THE FRONT? NO, MA'AM. SO ORIGINALLY THAT YOU ONLY HAD A CARPORT IN THE BACK YARD, CORRECT? YES. SO YOU REPLACED, YOU, YOU PUT A NEW CARPORT IN THE FRONT AND THEN REPLACED THE OLD ONE. YES MA'AM. BUT WHAT WAS THE PURPOSE OF MAKING IT SO LA OH, 'CAUSE YOU SAID THAT PEOPLE WERE JUMPING OVER AND THEN WE ADDED A LOT OF LIGHTING. WE'VE HAD PEOPLE COME INTO OUR TRY TO COME INTO THE FRONT THROAT THROUGH THE FRONT DOOR AS WELL. OKAY. MANANA COMMISSIONER MANNA. SO, SO JUST FOLLOWING UP FOR THE SQUARE FOOTAGE AGAIN, SO THAT SOUNDS VERY LARGE WITH REGARDS TO THE SIZE OF THE PROPERTY VERSUS HOW MUCH OF THIS, I GUESS THAT BACK ACCESSORY STRUCTURE. SO ARE, ARE, ARE THOSE NUMBERS CORRECT? THAT'S WHAT WAS PROVIDED BY THE APPLICANT? SO THE QUESTION IS, YOU KNOW, WHAT IS THE, WHAT IS THE SIZE OF THAT BACK STRUCTURE? DO YOU KNOW? LIKE LENGTH VERSUS WIDTH? 50 BY 50, UM, YOU KNOW, 200 BY 50, UH, YOU KNOW, SO JUST TRYING TO UNDERSTAND. I, I'M VERY SORRY. I DON'T HAVE AN ANSWER FOR THAT. I, LIKE, ISI WAS, UM, I, MY HUSBAND HAD THAT DONE AND YOU KNOW, I, I, I'M TRY, I I, I'VE GONE BACK TO LOOK FOR JUST ANYTHING THAT I CAN, YOU KNOW, INFORMATION ABOUT AS MUCH I CAN GET, YOU KNOW, FOR MEASUREMENTS AND ALL. AND, UM, WHAT I HAVE IS WHAT IS CURRENTLY IN THAT SITE PLAN RIGHT HERE? KAPLAN AGAIN? CHEMISTRY. KAPLAN. OKAY. SO NOW YOU HAVE PARKING FOR FOUR IN THE FRONT AND PARKING FOR WHAT, TWO, THREE MORE VEHICLES IN THE BACK? MM-HMM. . IT'S EMPTY. SO SINCE, UH, SINCE YOU DON'T NEED PARKING FOR SEVEN, WHAT WOULD BE THE PROBLEM WITH TAKING AWAY THE CARPORT IN THE BACK? WHAT WOULD BE THE PROBLEM? UM, YEAH, WHAT WOULD BE, HOW WOULD THAT HURT YOU TO NOT HAVE IT? I KNOW YOU SAID YOU ORIGINALLY HAD IT BECAUSE YOU, THE OTHER ONE PEOPLE WERE JUMPING ON TOP OF IT, BUT HAVE YOU EVER CONSIDERED NOT HAVING A CARPORT THERE? WELL, IT'S, IT'S ALL CONCRETE AND, UM, IT GETS VERY HOT IN THE SUMMER, THE HEAT FROM THE CONCRETE. SO THE PURPOSE OF THE CONCRETE TO BE THE CARPORT TO BEGIN WITH WAS FOR THE SHADE IN THE BACK. UM, BUT THEN WE START THAT, BUT THAT WAS YEARS AGO. THAT WAS WHEN MY FATHER WAS STILL LIVING AND THERE WAS A HOME IN THAT ON THAT LOT. SO THE BACK CARPORT WAS CONSTRUCTED FOR THAT REASON. UM, THAT, THAT BACK STRUCTURE WAS A HOME ORIGINALLY? NO. THE WHERE, THE WHERE INITIALLY WE, WHEN WE, MY FATHER FIRST BUILT THE HOUSE, THE CARPORT IN THE BACK, THE ORIGINAL CARPORT THAT WAS IN THE BACK. MM-HMM. WAS THERE FOR THE PURPOSE TO PROVIDE SHADE BECAUSE THAT'S WHERE WE WOULD PARK. UM, OKAY. AND THAT, BUT THEN THAT THE COMMER THE PROPERTY BESIDE US ON THAT CORNER LOT BECAME, WENT FROM RESIDENTIAL TO COMMERCIAL, AND THEN THE LIQUOR STORE OPENED UP AND THEN WE STARTED HAVING A BUNCH OF ISSUES WITH AFTER THE LIQUOR, AFTER THE LIQUOR STORE OPENED. SO, SO COULD YOU, COULD YOU PLANT GRASS AND TAKE DOWN THE STRUCTURE IN THE BACK? UH, I'M HERE TO DO WHATEVER I NEED TO DO TO RECTIFY THE SITUATION. THAT'S, IT'S, I'M THINKING OF COST IS WHAT I'M THINKING OF. AND UM, YEAH, IT WOULD JUST TAKE ME SOME TIME IF THAT'S WHAT I NEED TO. NO, I GOT A QUESTION FOR STAFF. SO IT'S, IT'S IT IN, IN EFFECT, THE CARPORT IN THE FRONT IS MAKING A DRIVEWAY THAT'S, YOU KNOW, 24, NOT 24, POSSIBLY 32 TO 40 FEET WIDE. IS THAT ANOTHER VIOLATION OF CITY CODE THAT SHOULD HAVE BEEN INCLUDED IN SOMEHOW IN THIS REQUEST? BECAUSE I DIDN'T THINK RESIDENTIAL DRIVEWAYS COULD EXCEED 20 FEET. I COULD DOUBLE CHECK. UM, AND, AND, UH, AND TO THE APPLICANT, YOU KNOW, YOU'RE, YOU'RE ASKING FOR, FOR SEVEN VARIANCES, AND THAT'S A, THAT'S A TOUGH ASK. YOU KNOW, USUALLY WE SEE A FEW, UH, AND I'M TRYING TO FIGURE OUT, YOU KNOW, WHY YOU NEED THAT MUCH IMPERVIOUS COVER ON THIS LOT. IT'S, IT'S, IT'S MAKING IT CEASING IT TO BE A RESIDENTIAL USE. UH, I, I JUST, I I CAN'T UNDERSTAND. I'M LOOKING TO HELP. I MEAN, SO NOW THAT YOU'RE THE OWNER, I MEAN, WHAT, WHY DO YOU NEED TO HAVE, AND WHAT IS THE HARDSHIP ASSOCIATED WITH REQUIRING 3,100 SQUARE FEET OF IMPERVIOUS COVER? LIKE THAT? IT'S, IT'S SUCH, IT'S SO DIFFERENT FROM THE REST OF YOUR NEIGHBORHOOD. I MEAN, I KNOW A LOT OF THE OTHER HOMES UP AND DOWN THE STREET, [03:00:01] THEY HAVE A LONG DRIVEWAY. THEY MAY GO TO THE BACK. THERE COULD BE A GARAGE OR THERE MAY BE A SMALL PARKING AREA, BUT, BUT THIS IS WALL TO WALL IMPERVIOUS COVER AND IT'S JUST, IT'S A LITTLE MUCH, UM, CAN YOU, CAN YOU AT LEAST TALK ABOUT WHAT THE MOST IMPORTANT THING YOU NEED IS? IS THERE SOMETHING THAT'S MORE IMPORTANT THAN ANOTHER THAT MAYBE WE COULD LOOK AT? I I JUST THINK YOU'RE GONNA HAVE A HARD TIME SELLING THIS TO THIS COMMISSION, ALL SEVEN REQUESTS. IS THERE SOMETHING THAT'S MORE IMPORTANT THAN, THAN ANOTHER? UM, AS FAR AS THE, ALL THE SEVEN VARIANTS GO, IS THAT WHAT YOU'RE REFERRING TO? THE MOST IMPORTANT? YEAH. AND I MEAN, LIKE, IF, IF YOU GOT RID OF THE FRONT CARPORT AND WENT BACK TO THE WAY IT WAS WITH GRASS IN THE HISTORICAL PICTURES, UH, IS THAT MORE IMPORTANT TO YOU, UH, TO KEEP THE FRONT CARPORT OR TO KEEP THE REAR CARPORT OR, OR WHAT? THE MOST IMPORTANT ONE WOULD BE TO KEEP THE REAR ONE BECAUSE OF THE ADDITIONAL LIGHTING THAT IT PROVIDES. BECAUSE WE'VE HAD SO MANY, THE PROPERTY TO THE RIGHT IS VACANT. THE PROPERTY BEHIND US IS ALSO VACANT. UM, SO WE HAVE PEOPLE COMING IN FROM THE BACK AS WELL, UM, TRYING TO GET INTO THE HOUSE. AND, AND, AND LASTLY, I DON'T WANT TO TAKE AWAY FROM, I GIVE OTHER COMMISSION TIME TO TALK, BUT YOU KNOW, NORMALLY WHEN WE'RE DOWN TO NINE, WE WILL EXTEND THE OFFER FOR A CONTINUANCE, UH, ESPECIALLY SINCE STAFF IS RECOMMENDING DENIAL. AND WE HEARD A VOICEMAIL FROM ONE OF YOUR NEIGHBORS WITHIN 200 FEET, THAT'S ALSO, UH, SUGGESTING THAT WE DENY THIS. UM, DO YOU, WOULD YOU, WOULD IT BENEFIT YOU TO REQUEST MORE TIME TO TALK TO YOUR NEIGHBORS, MAYBE GET YOUR ABUTTING NEIGHBORS TO GIVE YOU SOMETHING IN WRITING THAT WOULD, THAT WOULD APPROVE SOME OF THESE REQUESTS, UH, AND, AND KIND OF THINK ABOUT HOW YOU WOULD LIKE TO FORMULATE AND, AND WOULD MAYBE EVEN WHITTLE DOWN WHAT YOU'RE ASKING FOR. WOULD THAT, WOULD YOU THAT BE OF ANY BENEFIT TO YOU? YES, ABSOLUTELY. ALRIGHT, COMMISSIONER, MAN, IT LOOKS LIKE YOU'RE SO, YEAH, SO THANK YOU. AND, AND SO ONE OF THE THINGS THAT, UM, YOU KNOW, WHEN I SEE THE ENTIRE PROPERTY ESSENTIALLY CEMENTED, I START TO HAVE LOTS OF RESERVATIONS. UM, AND SO, YOU KNOW, ONE THOUGHT, YOU KNOW, AS I LOOK AT THIS IS YOU HAVE THAT CANTILEVER, UM, AWNING AVAILABLE, AND IF THAT WAS MOVED TO THE SIDE OF THE PROPERTY, SO NOW YOU HAD SHADE STRUCTURE OVER THE SIDE DRIVEWAY, YOU KNOW, AND THEN REMOVE THE CONCRETE IN THE FRONT, WHICH, YOU KNOW, WHILE EXPENSIVE ISN'T NEAR AS EXPENSIVE AS SOME THINGS, UM, YOU KNOW, TO ME THAT WOULD BE, THAT WOULD START TO MAKE ME FEEL MUCH BETTER WITH REGARDS TO MAKE IT LOOK LIKE THE PART OF THE REST OF THE NEIGHBORHOOD AND THEN PROVIDING SOME OF THE THINGS THAT YOU'RE LOOKING FOR THERE. AND SO, UM, YOU KNOW, SO THAT'S, YOU KNOW, I GUESS ONE OF THE THOUGHTS THAT I WOULD BE THINKING ABOUT, I GUESS AS I LOOK AT THAT. BUT, UM, AND, UH, TO CLARIFY, UM, SO WHAT WAS ASKED FOR THE WAY STAFF SAW THIS, WE SAW THIS NOT AS A DIRECT DRIVEWAY COMING FROM THE FRONT CARPORT, KIND OF LIKE A, IT WOULD BE A 90 DEGREE PARKING. UH, OKAY. SO THEN THAT'S KIND OF WHAT WE SAW IT AS. THAT'S WHY, AND I UNDERSTAND THAT OBVIOUSLY THEY CAN GO THE OTHER WAY, BUT THEY ONLY HAVE ENOUGH ROOM TO PARK 90 DEGREES AND BE UNDER THE SHADE. AND THE OTHER QUESTION, THE BACK AREA, UH, COMMISSIONER MANNA, UM, JUST DOING A ROUGH, UH, MEASUREMENT. IT'S RIGHT ABOUT 3000 SQUARE FEET, SO ALMOST IN LINE TO WHAT THE APPLICANT SAID TO THE REAR AREA. OKAY. SO, UM, YOU KNOW, I I I WOULD RECOMMEND A CONTINUANCE PERSONALLY, UM, AND, AND OF COURSE I, I'LL, I'LL BE LOOKING TO ONE OF MY FELLOW COMMISSIONERS TO PURSUE SUCH A MOTION. IS THERE, IS THERE A TIMEFRAME FOR YOU THAT YOU WOULD NEED TO MEET WITH THE NEIGHBORS TO, TO REALLY LOOK AT THIS APPLICATION AND SEE WHAT YOU CAN DO TO MAKE IT A LITTLE LESS INTENSE, PERHAPS? UH, IS THERE, DO YOU NEED TWO WEEKS, YOU NEED 30 DAYS? WHAT DO YOU, WHAT WOULD BE SOMETHING YOU WOULD LIKE US TO KNOW? UM, IF I COULD HAVE UP, WHAT'S THE MOST I COULD HAVE IS PROBABLY 30 DAYS. OKAY. AND, AND, AND IF, IF SOMEONE DOES MAKE A MOTION FOR CONTINUOUS AND PASSES, THE EXPECTATION IS IS THAT YOU WOULD GIVE US, WE'RE LOOKING FOR A DOCUMENTATION FROM THE NEIGHBORS, OKAY? WE'RE LOOKING FOR PEOPLE TO SAY, YEAH, I, I UNDERSTAND WHAT YOU HAVE, WHAT YOU'RE TRYING TO DO, AND I DON'T HAVE A PROBLEM WITH IT. THAT'S THE KIND OF STUFF THAT WE TYPICALLY LIKE TO SEE. OKAY. UM, IS THERE, IS THERE A, A COMMISSIONER WHO'D LIKE TO MAKE A MOTION TO CONTINUE? UH, THE THIRD DAYS WOULD BE DECEMBER 16TH TO DECEMBER 16TH. MAN IS SO MOVED. SECOND. ALL, ALL, ALL IN FAVOR SAY AYE. A. ANY OPPOSED? HEARING? NONE. UH, SO ON DECEMBER 16TH, WE, WE LOOK TO, TO BE IMPRESSED WITH ALL YOU, ANY NEW INFORMATION YOU CAN PROVIDE. OKAY. THANK YOU. THANK YOU. ALL RIGHT. ITEM NUMBER NINE, [03:05:10] WHAT IS IT? ALRIGHT, ITEM NUMBER NINE IS BO OA DASH 24 DASH 0 3 0 0 2 0 3. ADDRESS BEING 2 4 62 EAST HUTCHINS PLACE COUNCIL DISTRICT THREE APPLICANT IS RUBEN CASTILE. A REQUEST FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ATTACHED CARPORT TO BE ONE INCH FROM THE SIDE SETBACK ON THE WEST SIDE OF THE PROPERTY. ZONING IS R FOUR. SUBJECT PROPERTY IS LOCATED WEST OF SOUTH FLORA STREET ON STINTON, UH, IN STINTON PARK, 350 FEET OR 3 350 FEET WEST OF CHANDLER AVENUE AND EAST HUTCHINS PLACE INTERSECTION. ON SEPTEMBER 18TH, 2024, CODE ENFORCEMENT RESPONDED ON A CITIZEN CALL FOR A SUBJECT FOR THE SUBJECT PROPERTY. DURING INVESTIGATION, IT WAS DETERMINED THAT THE ATTACHED CARPORT WAS CONSTRUCTED WITHOUT A PERMIT. THE APPLICANT BEING THE PROPERTY OWNER IS REQUESTING A FOUR FOOT 11 INCH VARIANCE TO ALLOW AN ATTACHED CARPORT TO REMAIN ONE INCH FROM THE WEST SIDE. PROPERTY LINE PERMITS ARE PENDING RESULTS OF THE BOARD OF ADJUSTMENT. THIS IS A SITE PLAN, SUBJECT PROPERTY AERIAL VIEW OF THE PROPERTY, HISTORICAL VIEW, DAMN SIDE SETBACK VARIANCE. AND THIS IS A SUBJECT PROPERTY. UH, WE NEED TO PAUSE THE MEETING. UH, YES, WE HAD A COMMISSIONER AT LEAVE FOR A BRIEF MOMENT. IT BRINGS US DOWN TO EIGHT PEOPLE. SO UNDERSTOOD. PROCEED SUBJECT PROPERTY. THIS IS THE OVERHANG, AND THIS IS A VIEW FROM THE CARPORT FROM THE REAR YARD. AND THIS IS SURROUNDING AREA. AND THESE ARE CARPORTS IN THE SURROUNDING AREA. STAFF RECOMMENDATION FOR THE SIDE SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO EIGHT DASH TWO FOUR DASH 1 0 3 0 0 2 0 3 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE VARIANCE WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS IT DOES NOT PROVIDE AN ADEQUATE DISTANCE FROM THE ESTABLISHED PROPERTY. LINE TWO, WILL NOT OBSERVE THE SPIRIT OF THE ORDINANCE AS REDUCED SIDE SETBACK, INCREASES FIRE RISK, RISK OF FIRE SPREAD, AND WATER RUNOFF ONTO THE NEIGHBORING PROPERTY. STAFF MAILED 39 NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION. AND THE HARLANDALE MCCOMB NEIGHBORHOOD ASSOCIATION [03:10:01] IS NEUTRAL AND ON THEIR DECISION. AND THIS CONCLUDES STAFF'S PRESENTATION. ALL RIGHT, SO THE APPLICANT COME FORWARD. HELLO. UH, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CARPORT. GOOD AFTERNOON BOARD MEMBERS. MY NAME'S RUBEN CASTILLO. I BOUGHT THIS PROPERTY BACK IN 2010. UH, I'M HERE TO DISCUSS ABOUT THE ZONING RESTRICTIONS THAT I HAVE. BY ME PULLING UP THE, UH, CARPORT WITHOUT NOT KNOWING THAT I NEEDED A PERMIT, THAT'S MY MISTAKE THAT I, IN MY PART, I, UH, THE, THE HOUSE IS FIREPROOF FROM THE SIDE OF THE HOUSE ON THE WEST, ON THE, ON THE WEST, UH, OF THE, OF THE HOUSE WHERE THE CARPORT'S, UH, WHERE THE CARPORT'S BUILT THE, UH, THAT AREA IS FIRE RETAINED. UH, IT HAS INSULATION. IT WAS INSTALLED BY THE COMPANY THAT I USED TO WORK FOR M AND M, UH, CA, UH, CA, UH, CAVE MM WEATHERIZATION. UH, THE, UH, ROOF IS FIRE, RETAIN THE INSULATION, UH, THE WALLS. IT HAS A FIREWALL, THE, UH, ROOF. I BELIEVE THAT MY WIFE SAID THAT IT CAN BE. UM, THERE ARE SPRAYS THAT THEY SELL AT HOME DEPOT AND STUFF THAT WILL MAKE AN ESTABLISHMENT FIREPROOF. AND THEY'RE APPROVED BY THE FIRE MARSHAL. UH, WE NEED TO, UH, HAVE, STATE YOUR NAME FOR THE RECORD, PLEASE. OH, I'M SORRY. CASSANDRA CASTILLO . THANK YOU. UM, IN THAT PART OF THE HOUSE WHERE THE, UH, CARPORT'S AT OUR BILL'S BEEN LIKE OVER $600, I'VE, I'M STILL PAYING A BILL FROM BACK 2020 WHEN THE, UH, THE, UH, THE, UH, COVID HIT MY BILLS WERE LIKE $600. EVER SINCE WE PUT THAT CARPORT, IT'S REDUCED OUR BILLS TO ABOUT $200. AND, AND OUR, OUR BILL, UH, PAYMENTS, UH, THE ONLY THING I'M ASKING IS THAT SINCE WE BOUGHT THE HOUSE FROM A LAWYER THAT WOULD BUY HOUSES AND AND RESELL 'EM, UH, HE'S PASSED AWAY. UH, DUE TO THE, UH, COVID, UH, THESE HOUSES WERE BUILT BACK IN 54 KINGSBOROUGH AREA. IN THE HOLLANDER DISTRICT. UH, THERE'S, IF YOU SEE THE LOTS, THEY'RE REAL SMALL. THERE'S NO FIVE FEET BEARINGS ON EACH HOUSE. THE ROOF WHERE THE WATERFALLS, UH, IT FALLS IN OUR, IN OUR, IN OUR SIDE, ON OUR SIDE, WHICH THEY WERE COMPLETING. AND WE STOPPED THE CONSTRUCTION ON THE, UH, ON THE CARPORT BECAUSE OF THE, UH, OF THE ZONING THAT WE GOT, UH, A SITE CITED. SO WE WERE GONNA PUT GUTTERS. SO ALL WE NEED IS JUST THE, UH, THE GUTTERS TO BE PUT UP FOR THE WALL. THE, THE WATER WILL FALL TO THE BACKYARD, NOT TO THE NEIGHBOR OR ANYTHING. UM, WE'RE IN COMPLIANCE WITH THE CITY IN THE 10 FEET, 20 FEET SECTION TO THE STREET. UH, WE PREVIOUSLY HAD THE, UH, STREETS CONSTRUCTED, WHICH, UH, SIDEWALKS, WHICH ON ONE OF THE PICTURES THAT WE HAVE, UH, THERE'S A CUS UH, A RESIDENCE THAT PULLED HIS FENCE OFF AND MADE HIM, MADE, MADE HIM GO BACKWARDS TOWARDS HIS, UH, HIS, UH, RIGHT LINE. HIS, UH, PROPERTY LINE AS YOU, AS YOU SEE ON THE CONS, ON THE, UH, ON THE PHOTOS. THAT HOUSE RIGHT THERE ON THE RIGHT HAND SIDE, HE'S WITHIN THE CITY LIMITS. AS SOON AS THEY FINISH THE CONSTRUCTION ON THE, ON THE SIDEWALK, HE BUILT THAT CARPORT, THAT WHICH HE'S IN THE CITY LIMITS. I MEAN, CITY PROPERTY. AND IF YOU LOOK AT MY HOUSE, I'M WITHIN THE PROPERTY LINE. THE ONLY THING I DON'T HAVE, I DON'T HAVE THE VARIANCE ON THE SIDE OF THE HOUSE FROM THE, UH, FIVE FEET THEY'RE ASKING. YEAH, I I, I DID SEE THERE'S A, A NUMBER OF CAR PORTS THAT, UH, AND UP AND DOWN THE STREET THAT ARE VERY, YOU KNOW, AND A LOT OF THEM WAITED TILL THE CONSTRUCTION WAS DONE. AND THEN THEY BUILT THEIR CAR PORTS ALL THE WAY TO THE CITY LIMIT AND TO THE CITY PROPERTY BECAUSE I, I FIGURED THE, THE EASTMAN THAT'S IN THE BACKYARD IS SUPPOSED TO BE THE SAME EASEMENT IN THE FRONT, SAME SIZE. SO, MIKE, MIKE, SO WHEN I HEARD YOU SAID THAT YOU HAVEN'T ADDED THE GUTTERS YET, ARE YOU, ARE YOU AMENDING YOUR APPLICATION TO INCLUDE GUTTERS WITH THE CARPORT? WELL, IT WAS GONNA BE DONE. I HAVE ALL THE GUTTERS ON THE SIDE OF THE FENCE. I, I, I'M NOT GOING TO VIOLATE ANYMORE. COMMISSIONER MANON. SO QUESTION FOR CITY STAFF. 'CAUSE, BECAUSE THE APPLICANT, UH, I THINK WAS TALKED ABOUT ONE INCH. SO DOES THAT ONE INCH INCLUDE THE GUTTERS WHEN THEY CAME OUT, OR, OR IS THE GUTTERS GONNA PUT YOU OVER THE PROPERTY? NO, NO, I'M GONNA BE WITHIN MY PROPERTY, MY PROPERTY LINE. I EVEN ASKED THE NEIGHBOR NEXT DOOR [03:15:01] THAT I WOULD FIX HIS, HIS, UH, HIS FENCING BECAUSE IT, IT'S ALL CROOKED. AND, UH, I OFFERED THAT MYSELF AND I EVEN OFFERED MYSELF TO FIX HIS, UH, HIS ROOFING, YOU KNOW, AND HE SAID NO. SO, UH, ON, ON YOUR, YOUR NEIGHBORING PROPERTY OWNER. THE NEIGHBORING PROPERTY? YES, SIR. UM, IT LOOKS LIKE THEIR DRIVEWAY IS ON THE RIGHT SIDE OF THEIR HOUSE. IS THAT TRUE? CORRECT. AND DO YOU KNOW HOW FAR AWAY THEIR HOUSE IS AWAY FROM YOUR SIDE PROPERTY LINE? UM, MY FENCE LINE IS RIGHT UP ON HIS, IT'S, IT'S, I MEAN, SAY THIS IS HIS HOUSE HERE AND MY, UH, FENCING IS RIGHT HERE. OKAY. WE DON'T HAVE THE FIVE FEET AT ALL. WE NEVER HAD IT. WE NEVER HAD IT. SO YOU DON'T THINK YOUR NEIGHBORING NEIGHBOR'S HOUSE IS, UH, AT LEAST FIVE FEET AWAY FROM THE, THE FENCE THAT SEPARATES YOUR TWO PROPERTIES? I BELIEVE THIS HOUSE, YES. BUT THE FENCING THAT THEY'RE ASKING, ASKING ABOUT THE HOUSE, YEAH. YEAH. WE'RE FIVE FEET AWAY. OKAY. WE'RE FIVE FEET AWAY. BUT WHAT THEY'RE ASKING IS THAT WHERE THE LINE IS AT? WHERE THE FENCE IS AT? MY POLES ARE ON MY DRIVEWAY. OH, NO, I CAN SEE ALL THAT FROM THE PICTURE. YEAH. I, I JUST, I'M TRYING TO GET AN IDEA OF THE, NO, WE'RE FIVE FEET AWAY. WE'RE FIVE FEET AWAY. IT IS JUST THAT I JUST WANTED TO CONTINUE SINCE MY DISABILITY AND THEN MY, IT'S, IT'S HELPED MY, UH, MY, UH, BILLS, YOU KNOW, WITH THAT SIDE OF THE HOUSE. AND WHEN THEY WERE PUTTING THE INSULATION IN THE HOUSE, I SAW THE HOSE THAT THEY HAD ON THERE. AND I, I CAN TELL FROM THE CONSTRUCTION, IT LOOKS VERY, YOU KNOW, STOUT. UH, BUT THE, THE, THE, THE POSTS THAT ARE GOING ON THE ROOF, ARE THOSE ON LOAD BEARING? NO, SIR. THEY'RE ON THE, THEY'RE ON THE EDGE OF THE, UH, WHERE THE, THE, THE, THE HOUSE SITS ON THE WALL. UH, WHAT I USE. THEY'RE CALLED, UM, THEY'RE, UH, BRACKETS, THEY'RE RISERS FOR LIKE, FOR, UH, FOR DECKS AND HOMES. IT SITS ON THE, IT SITS ON THE BEAM OF THE HOUSE. SO IT'S SECURED, IT'S STRUCTURED. GOOD. STAFF WILL, WILL, WELL, THIS NEED TO BE REVIEWED BY AN ENGINEER FOR STRUCTURAL INTEGRITY. I TRIED IT. I TRIED GETTING AN ENGINEER AND, AND I TRIED TO HIRE ONE AND A LOT OF 'EM WOULDN'T DO IT. AND I DON'T KNOW HOW TO GO ABOUT IT FROM THERE. WELL, I MEAN, AS FAR AS THE PERMITTING PROCESS, WILL HE HAVE TO TURN IN A, A SUPER STRUCTURAL LETTER FROM AN ENGINEER? YES. YES, HE WILL. OKAY. SO FOR YOU TO, SO IF THE, IF THIS WERE TO GET APPROVED TODAY, UH, YOUR PERMIT WOULDN'T BE ISSUED UNTIL YOU HAD IT, AN ENGINEER CERTIFYING THAT. IT, SO HOW DO I GO BY GETTING ONE? I MEAN, 'CAUSE I TRIED CALLING A LOT OF PLACES AND, AND THEY WON'T EVEN GO OUT THERE. I, I, I REALLY COULDN'T GIVE YOU ANY RECOMMENDATIONS FOR THAT. BUT YOU'LL HAVE TO FIND SOMEBODY. OKAY. AND WHAT DO YOU NEED? JUST THE STRUCTURE OF, OF STAFF CAN TALK TO YOU ABOUT THAT. THAT, OKAY. THAT'S NOT WHAT WE'RE HERE TO DISCUSS. OKAY. IS THERE ANY COMMISSIONER QUESTIONS? COMMISSIONER MAN. SO DO YOU KNOW WHAT THE DEPTH IS OF THIS PARTICULAR STRUCTURE? HOW LONG IT IS? OR 25 BY 50. 25 BY 50? YES, SIR. AND IT'S, IT'S, IT'S HELPED A LOT ON THE, ON THE BILL ISSUES IN THE HOUSE. 50 FEET DEEP. UH, FIFTH OFF GOING DOWN? NO. OH, IT'S 50. IT'S, IT'S 25 BY 50. YEAH. CHAIR. YES. OH, COMMISSIONER STEVENS STEVENS. OH, HERE. OH, COMMISSIONER GOMEZ. COMMISSIONER GOMEZ. SORRY. . WE'RE, WE'RE ABOUT THREE BLOCKS AWAY FROM EACH OTHER. THAT'S WHY , UH, MR. CASTILLO? YES, SIR. YOU HAD SOME PICTURES OVER HERE ON THE, OF YOUR EARLIER ROOF BEFORE YOU REPLACED IT. CAN WE SEE IT AGAIN PLEASE? THE PICTURES THAT YOU HAD, IT SHOWS THE SAME STYLE THAT YOU HAVE NOW. CAN I SEE THAT PICTURE AGAIN? YEAH, THAT ONE. BUT DO YOU HAVE SOME IN YOUR PICTURES THAT YOU HAD, I THINK THERE WAS SOME PICTURES YOU DISPLAYED, NEIGHBOR. OH, THOSE WERE THE NEIGHBORS. THOSE WERE NEIGHBORS. THOSE ARE THE NEIGHBORS? YEAH. THOSE ARE NEIGHBORS THAT ARE EXCEEDED, EXCEEDED TO THE CITY LIMIT, UH, OF THE LAUNDRY OF THE CITY. NO, SIR. I WANNA SEE THE PICTURES OF THE ROOF YOU HAD BEFORE. BEFORE, YEAH. ARE WE ABLE TO FIND A HISTORICAL PICTURE ON GOOGLE FOR THEM? THIS IS THE MOST, UH, HISTORICAL I COULD FIND ON THIS PROPERTY IN MARCH OF 2019. DID YOU HAVE PICTURES OF FEW MINUTES AGO? UH, THAT WAS, YES, BUT THE PICTURES WERE NEIGHBORING PROPERTIES. THEY WERE NOT, THAT WAS NOT HIS PROPERTY. IT WAS NEIGHBOR'S PROPERTIES. OKAY. SO THE PICTURE THAT YOU SHOWED ON THE ROOF WAS THE SAME STYLE OF THE ROOF USED IN THE JACKS AS YOU HAVE NOW? YES, SIR. YEAH. COMMISSIONER KAPLAN. SO, SO THE HOMEOWNER, SO WHEN YOU DESIGNED THIS, UM, THIS OVERHANG YOU THOUGHT MORE OF, WHY DIDN'T YOU JUST MAKE IT THE SAME LEVEL AS YOUR HOUSE INSTEAD OF RAISING IT THAT HIGH 'CAUSE OF THE WIND THAT USUALLY WE [03:20:01] HIT, WE GET A DRAFT THROUGH THERE AND FOR, I DON'T KNOW FOR WHAT REASON, BUT WE GET A DRAFT THROUGH THE, THROUGH THE DRIVEWAY. AND IT'S THE GENTLEMAN THAT BUILT IT, SAID THAT ON TOP OF THE HOUSE RIGHT THERE WHERE YOU SEE THE OPENING, THAT THE, IT WOULD LET THE WIND GO THROUGH INSTEAD OF AIRFLOW. INSTEAD. SOMEBODY DESIGNED THIS FOR YOU, NOT YOU. YES, MA'AM. SOMEONE ELSE. AND HE WAS NOT AN ARCHITECT. HE WASN'T, NO, IT WAS JUST A, A FRIEND THAT I HAD MET THROUGH ANOTHER FRIEND, YOU KNOW. UH, I MEAN, IF I WOULD'VE KNOWN THAT I NEEDED DESIGNS AND STUFF, I WOULD'VE DONE IT, MA'AM. BUT I KIND OF, KIND OF GOT ANXIOUS 'CAUSE I RECEIVED A, SOME OF THEM OF, OF A, MY BACK DISABILITY AND I GOT EXCITED, SO I APOLOGIZE. OH, SERIOUS. I MEAN, 'CAUSE WE HAD BEEN DEALING WITH THE SUN FOR THE LONGEST TIME AND YEAH. AND I KNOW IT SOUNDS KIND OF CORNY SAYING THAT, YOU KNOW, BUILDING A, BUT I MEAN, IT, IT'S, IT'S HELPED OUR HOUSE A LOT EFFICIENTLY. RIGHT. IS THERE ANY OTHER COMMISSIONER QUESTIONS? HEARING NONE? UH, IS THERE ANY, UH, ANYONE'S TIME TO SPEAK? I KNOW THERE'S NO VOICEMAILS. NO, I'LL DO ANYTHING TO CORRECT THIS, YOU KNOW, I UNDERSTAND. UH, SO WHAT, SO WHAT WE HAVE BEFORE US FOR WHOEVER MAKES THIS MOTION, IS A CARPORT THAT, UH, IS, DOES NOT EXTEND BEYOND THE F UH, FRONT FACADE OF THE HOME. THAT'S NO DEEPER THAN 50 FEET DEEP. UH, AND, UH, AS EXPRESSED BY THE APPLICANT WILL INCLUDE GUTTERS. SO IS THERE A COMMISSIONER WHO WOULD LIKE TO MAKE A MOTION ON THIS MANO COMMISSIONER MANNA. SO REGARDING CASE NUMBER BO O2 4 1 0 3 0 0 2 0 3, I MOVED TO THE PORT ADJUSTMENT GRANT REQUEST FOR A FOOT FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AND ATTACHED CARPORT, UH, WITH GUTTERS, UH, TO BE, UH, TO NOT, UH, BE FORWARD OF THE FRONT FACADE OF THE HOUSE AND BE 50 FOOT IN LENGTH, UM, AS PRESENTED HERE, UH, IN THE BOA CASE, UM, TO BE ONE INCH FROM THE SIDE SETBACK OF THE WEST SIDE OF THE PROPERTY, SITUATED AT 4 6 2 EAST HUTCHINS PLACE, APPLICANT BEING RUBEN CASTILLO. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN A NECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THE REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST. AS A ONE INCH SIDE SETBACK WILL PROVIDE ADEQUATE DISTANCE BETWEEN A CARPORT AND NEIGHBORING PROPERTIES. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN APPLICANT HAVING TO RECONSTRUCT THE CARPORT TO BE FIVE FEET FROM THE SET FROM THE SETBACK, WHICH WOULD RESULT IN UNNECESSARY HARDSHIP AS THE CARPORT WOULD NOT PROVIDE THE COVERAGE NEEDED FOR VEHICLES. THREE. BY GRANTING THE VARIANCE, THE SPARE OF THE ORDINANCE WILL BE OBSERVED AND THE SUBSTANTIAL JUSTICE WILL BE DONE. THE STRUCTURE WILL BE ONE INCH FROM THE PROPERTY LINE, INCLUDING GUTTERS, WHICH OBSERVES THE SPARE OF THE ORDINANCE AS THE CARPORT POSES NO HINDRANCE TO THE NEIGHBORING PROPERTIES. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THIS PROPERTY IS LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH PROPERTY IS LOCATED. IT. GRANTED THE ATTACHED CARPORT ONE INCH FROM THE SETBACK WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS SIMILAR CARPORTS SETBACKS CAN BE SEEN IN THE SURROUNDING AREA. SIX, APPLY TO THE OWNER OF PROPERTY FOR WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. 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 THE DISTRICT, WHICH IS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING IN THE PROPERTY, SUCH AS LIMITED LOT SIZE AND AVAILABLE SPACE FOR FUNCTIONAL CARPORT AND DEMOTION. SECOND. SECOND. GOODBYE. COMMISSIONER KAPLAN. COMMISSIONER MANNA. SO, UM, SO I'LL BE VOTING IN FAVOR OF THIS FOR A COUPLE OF REASONS. UM, ONE IS THAT, YOU KNOW, I, I DO AGREE THAT THERE ARE MANY, MANY CARPORTS HERE, UM, ON THIS, ON THE STREET ALONE DOWN, UH, DRIVE WHILE GOOGLE DRIVING DOWN IT. AND I SEE, UM, THEM ALL KIND OF, UH, ENCROACHING THE SIDE SETBACK. SO I DON'T THINK THAT IS DIFFERENT THAN THE, UH, OVERALL STRUCTURE. UM, WITH REGARDS TO STRUCTURE, IT LOOKS PRETTY STOUT. UM, YOU KNOW, IT LOOKS LIKE IT WAS BUILT PRETTY WELL AND SO I DON'T, YOU KNOW, HAVE ANY CHALLENGES THERE. UH, THEY WILL HAVE TO COME IN COMPLIANCE WITH SOME OF THE, THE CITY CODE REQUIREMENTS AND, AND, UH, CITY WILL WORK WITH THEM. SO, SO FOR ALL THOSE REASONS, I'LL BE VOTING IN FAVOR. COMMISSIONER KAPLAN? YEAH. UM, I'M SORRY. I, I DON'T THINK I WILL BE VOTING IN FAVOR OF IT, UH, FOR A COUPLE OF REASONS. UM, ONE IS, IT'S EVEN WITH THE GUTTERS, I CAN'T SEE HOW IT WOULD NOT GO OVER THE PROPERTY LINE. USUALLY THERE WERE A FEW INCHES AND YOU'RE ONLY ONE INCH FROM THE PROPERTY LINE AS IS. SO IT, IT WOULD POSE A RISK TO YOUR NEIGHBOR IN TERMS OF WATER RUNOFF AND IT IS SLANTED TOWARDS THE NEIGHBOR'S HOUSE WHO'S MAYBE FIVE FEET AWAY FROM THAT FENCE. AND THE OTHER THING IS, WHEN YOU SAY NOT ALTER THE CHARACTER OF THE DISTRICT, I DON'T THINK [03:25:01] THERE'S ANY OTHER, UM, UH, CARPORT ON THAT BLOCK THAT GOES UP THAT HIGH. I MEAN, IT'S VERY, VERY VISIBLE AND IT'S VERY DIFFERENT. OTHER CARPORTS. THERE IS ONE RIGHT ACROSS THE STREET FROM ME. THE RIGHT, I'M SORRY, I'M SORRY, WE'RE NOT, WE'RE PAST, WELL I DIDN'T SEE ANY ON THE, ON THE GOOGLE, UH, SEARCH MAPS. SO THAT, FOR THAT, THOSE TWO REASONS. UM, I WILL NOT BE IN FAVOR OF THIS. ALRIGHT. IF THERE'S ANYONE ELSE. SO, SO COULD I TAKE A FRIENDLY AMENDMENT FROM THAT DIALOGUE? 'CAUSE, 'CAUSE YOU KNOW, SO THE ONE INCH, BASICALLY WE, WE AREN'T RESPONSIBLE FOR HOW IT GETS THERE, IT JUST ONE INCH. AND SO, SO THEY HAVE TO MAKE IT WORK WITH REGARDS TO THE GUTTERS. AND, AND SO IF THERE'S GUTTERS, THEN IT, THEN IT JUST HAS TO WORK AS JUST AS A NOTE, RIGHT? THEORETICALLY YOU'RE GIVING APPROVAL, BUT WHO'S POLICING THAT? HE HAS TO GET A PERMIT. YEAH. SO HE HAS TO GET A PERMIT AND YOU CAN'T, YOU CAN'T ENCROACH THE NEIGHBOR'S PROPERTY. SO, SO IF IT'S ONE INCH, IT'S ONE INCH AND, AND YOU KNOW, AND SO IT'S ONE INCH WITH A GUTTER. SO, SO I JUST, YOU KNOW, I QUESTION, YOU KNOW, I'M NOT QUESTIONING, UM, YOU KNOW, JUST MAKING SURE THAT YOU UNDERSTOOD THAT POINT. AND WOULD TWO INCHES BE BETTER OR THREE INCHES OR FOUR INCHES OR, OR YOU KNOW, IS THERE SOMETHING, YOU KNOW, I'M JUST LOOKING FOR A FRIENDLY MOMENT. SIX INCHES. SO, OKAY, SO WE HAVE, UM, I'M NOT SURE HOW, HOW MANY, THERE'S A SLIGHT OVERHANG. HOW FAR, HOW BIG IS THAT OVERHANG? IS IT? WELL, THE PO YEAH, THE POST IS SHOWING TO BE, IT'S MORE THAN SEVEN. SO, SO HOW ABOUT A SIX INCH VARIANCE THEN THAT WOULD MAKE ME FEEL MORE COMFORTABLE WITH THE GUTTERS. WELL, I THINK IF YOU WENT DOWN TO FOUR INCHES, IT'D BE POSSIBLE TO ACTUALLY PUT THE GUTTERS IN I THINK FOUR INCHES. YEAH. ALRIGHT, LET'S, SO FOUR INCHES INSTEAD OF ONE INCH I'LL ACCEPT AS A FRIENDLY MOMENT. SO DOES THAT, DOES THAT SATISFY THE SECOND? SO SECOND IS ARCHITECTURAL DESIGN. AND SO YEAH, I I I THINK THAT THE, I'M NOT SURE IF IT WILL PASS WITH AN ENGINEER. THAT COULD BE WHY YOU COULDN'T GET AN ENGINEER BECAUSE THEY WOULDN'T WANNA DO THAT. UH, NO MA'AM. UM, LIKE I SAID, I, I JUST COULDN'T FIND SOMEBODY THAT CAN GO OUT THERE AND WELL, HE'S GONNA HAVE TO FIND SOMEBODY. I WILL, I CAN DO THAT. NOT A PERMIT. I CAN DO THAT. I, I, I STILL THINK THAT IT, IT IS DIFFERENT THAN, UM, THE OTHERS. IT'S VERY DIFFERENT THAN THE OTHERS THAT I'VE SEEN. WELL, IT'S, IT'S DIFFERENT. THAT'S, I'M STILL A NO, I WOULD BE FOUR INCHES. I'D BE OKAY WITH THE FOUR INCHES, BUT NOT THAT OVERHANG, NOT THAT, UM, CAN I SAY SOMETHING? NO, I'M SORRY. UH, IF, IF HE COULD, UM, LEVEL THE ROOF AND MAKE IT THE SAME SIZE AS THE HOUSE, WELL WE CAN'T PUT, THAT'S WHEN I WOULD THAT IF YOU'RE ASKING, YOU KNOW, FOR A CHANGE, THAT'S, YEAH. THE PROBLEM IS THAT EVEN IF WE APPROVE THIS TO, IF HE DEMOED THE WHOLE THING AND BUILT IT, HE COULD, IF WE APPROVED IT, HE COULD DEMO IT AGAIN AND BUILD IT BACK THAT WAY. BECAUSE ALL WE'RE ALL WE'RE GRANTING IS HOW CLOSE HE CAN BE TO THE SIDE PROPERTY LINE. AND SO THAT'S THE ISSUE. OKAY. FOUR INCHES AND I WOULD, I WOULD BE OKAY. AND, AND HE STILL HAS TO GET AN ENGINEER TO APPROVE THIS. SO, UM, MY ONLY CONCERN IS THAT, UH, YOU KNOW, THERE'S, THERE'S SO MANY HOMES IN THIS AREA THAT HAVE CARPORTS. THIS ONE DOESN'T EXTEND PAST THE FRONT OF THE HOUSE. SO I LIKE IT. UM, I LIKE THE FACT THAT IT, IT'LL HAVE GUTTERS AND I LIKE THE FACT THAT HIS NEIGHBOR'S HOME ISN'T, IS AT LEAST OVER FIVE FEET AWAY FROM THE SIDE OF PROPERTY. SO I DON'T HAVE A PROBLEM WITH THIS PARTICULAR ONE AS LONG AS WE PUT THAT CONDITION OF A 50 FOOT MAX DEPTH ON IT. UM, SO WITH THAT, LET'S HAVE A ROLL CALL. VOTE IS, WE HAVE FOUR INCHES. OH, YES. UH, YEAH, I WAS ACCEPTED. IT'S BEEN AMENDED TO, TO A FOUR INCH COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER KAPLAN, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER STEVENS. YES, I CONCUR. COMMISSIONER IBANEZ, I CONCUR. COMMISSIONER GOMEZ, I CONCUR. COMMISSIONER BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER VASQUEZ, I CONCUR. COMMISSIONER BONNI, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. SO THE MOTION PASSED. UH, AND WHAT DID PASS IS THAT YOU HAVE TO BE FOUR INCHES AWAY. YOU GOTTA HAVE GUTTERS AND IT'S LIMITED AT 50 FEET, WHICH IS WHAT YOU HAVE. SO, ALL RIGHT, IF YOU HAVE ANY ADDITIONAL QUESTIONS YOU CAN GET WITH STAFF, UH, WE'RE ON ITEM NUMBER 11. THANK YOU. YES SIR. THANK YOU. MM-HMM, . THANK YOU. ITEM NUMBER 11 IS BO OA DASH 24 DASH [03:30:01] 0 3 0 0 2 1 1. ADDRESS BEING 41 50 BARRINGTON STREET COUNCIL, DISTRICT 10 APPLICANT BEING FRA BERMUDA. AND A REQUEST FOR A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW AN ATTACHED CARPORT TO BE ONE INCH FROM THE FRONT SETBACK. ZONING IS R FIVE. SUBJECT PROPERTY IS LOCATED NORTH OF INTERSTATE FOUR 10 WEST OF PAREN ROAD ON BARRINGTON STREET. ON MAY 15TH, 2023, CODE ENFORCEMENT IN RESPONSE TO A CITIZEN CALL INVESTIGATED THE DETACHED CARPORT AND DETERMINED THAT THE DETACHED CARPORT DID NOT MEET FRONT SETBACK REQUIREMENTS. ACCORDING TO HISTORICAL VIEWS OF THE PROPERTY, THE CARPORT WAS CONSTRUCTED WITHOUT OBTAINING A PERMIT. BETWEEN FEBRUARY, 2015 AND JANUARY, 2016, THE APPLICANT ON BEHALF OF THE PROPERTY OWNER IS REQUESTING A NINE FOOT 11 INCH SETBACK VARIANCE TO ALLOW A DETACHED CARPORT TO REMAIN ONE INCH FROM THE FRONT SETBACK PERMIT IS PENDING RESULTS OF THE BOARD OF ADJUSTMENT. THIS IS A SITE PLAN, SUBJECT PROPERTY, AERIAL VIEW, HISTORICAL VIEW, AND THEN THE FRONT SETBACK OF THE CARPORT SURROUNDING AREA. STAFF RECOMMENDATION FOR THE FRONT SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO OA DASH 24 DASH 1 0 3 0 0 2 1 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE REDUCED FRONT SETBACK IN JERSEY NEIGHBORING PROPERTIES. AND TWO, THE STRUCTURE IS TOO CLOSE TO THE PROPERTY LINES RESULTING IN OVERCROWDING IN THE FRONT YARD AGAINST THE RIGHT OF WAY. STEP NOTE, 31 NOTICES ONE IN FAVOR, ZERO IN OPPOSITION. AND SUBJECT PROPERTY IS NOT LOCATED WITHIN THE BOUNDARY OF A NEIGHBORHOOD ASSOCIATION. AND THIS IS YOUR ONE IN FAVOR. 92 0 2 EDINBOROUGH. AND THEN NO OPPOSITION. THIS CONCLUDES STAFF'S PRESENTATION. UH, BEFORE YOU GO I'M, I'M ON GOOGLE STREET VIEWS. DID STAFF OBSERVE ANY OTHER CARPORTS ON THE STREET AT ALL? NO. ALRIGHT, THANK YOU. LET THE APPLICANT COME FORWARD PLEASE. THEY JUST BUILT THE SIDEWALK. I WANNA START THIS, THE NUMBERS. GOOD AFTERNOON. MY NAME IS EF MORALE. ALRIGHT. I'M HERE TO REQUEST THE VARIANCE OF 10 FEET SO THAT THE PORCH IS NOT CUT. AND I WOULD LIKE TO, UM, ASK, UM, TO REQUEST THIS PERMISSION SINCE IT IS NOT LOCATED IN ANY CORNER. I NEED, DOESN'T SHOW ANY HAZARD TO THE, TO THE PROPERTY. ANY PROBLEM WITH VISIBILITY? UH, WELL IF YOU COULD CONSIDER THESE, UH, UH, REQUEST, SINCE IT DOESN'T SHOW ANY HAZARD TO ANYTHING AND IT IS BUILT WITH VERY GOOD MATERIALS. OKAY. THAT WOULD BE ALL THERE. THERE'S NOT MUCH TO SAY. OKAY. UM, I HAVE A BE BEFORE WE OPEN THIS TO QUESTIONS, I KNOW THERE'S A VOICEMAIL I'D, I'D LIKE TO SEE IF, UH, WE DIDN'T GET A LOT OF RESPONSES, BUT I'D LIKE TO SEE WHAT THE VOICEMAIL HAS TO SAY. AND ALSO IF STAFF COULD JUST COMMENT ON THE TIMING OF THE INSTALLATION OF THE NEW SIDEWALK IN RELATION TO THE CARPORT [03:35:01] AFTER. GO AHEAD. THIS MESSAGE IS IN REGARD TO CASE NUMBER BOA TWENTY FOUR TEN THREE HUNDRED TWO ONE ONE. MY NAME IS KELLY MANUEL. MY PHONE NUMBER IS (210) 827-0178. AND I OWN THE PROPERTY AT 41 46 BARRINGTON. I AM IN FAVOR OF THE VARIANCE FOR THE CARPORT AT 41 50 BARRINGTON STREET. THANK YOU. OKAY. YEAH, I WAS ASKING ABOUT THE SIDEWALK. I WAS CURIOUS TO KNOW IF THE CARPORT WAS CONSTRUCTED BEFORE THE BRAND NEW SIDEWALK. 'CAUSE THAT SIDEWALK LOOKS LIKE IT'S BRAND, BRAND NEW. IT LOOKS LIKE THE SIDE, THE CARPORT WAS THERE FIRST BEFORE THE SIDEWALK. AND IN 2018. AND I ASKED BECAUSE, UM, ONE OF THE, MY POINTS OF, OF, OF CONCERN ON IT IS ACROSS THE STREET THE SIDEWALK IS ABUTTING THE CURB, UH, FROM, FROM WHERE THIS, UH, SUBJECT PROPERTY IS, AND THEN IT GOES BACK TO AN OFFSET SIDEWALK. AND I JUST, I'M JUST CONCERNED ABOUT HOW, UH, IF TWO CARS ARE PARKED, STACKED, ONE BEHIND EACH OTHER, WHETHER OR NOT IT'S, IT'S GONNA POTENTIALLY BLOCK THAT SIDEWALK. UH, SO FOR, TO THE APPLICANT, UH, WHAT, WHAT SIZE VEHICLES ARE YOU WANTING TO PARK UNDER THE CARPORT? ARE THEY LARGE OR ARE THEY, UH, MID-SIZE OR SMALL? AT THE MOMENT? THE VEHICLES THAT ARE, THAT ARE SHOWN IN THE PHOTOGRAPH, THAT'S THE ONE. OR THESE ARE ALL THE VEHICLES THAT WE ARE PARKING THERE AND THEY ALL FIT IN THERE IN THE CARPORT. SO IT'S, YOU'VE, YOU'VE GOT TWO FULL-SIZE TRUCKS AND THEN TWO, UM, UH, PASSENGER CARS. C AND DO YOU KNOW THE DEPTH OF THE CARPORT FROM THE FACE OF THE GARAGE DOOR TO THE EDGE? DO YOU KNOW HOW LONG THE CARPORT IS? HOW LONG IS IT? MAY I GET MY BINDER PLEASE? YES, SIR. AND CHAIR ORIAN. I WOULD JUST NOTE, I KNOW, I KNOW WHERE YOU'RE GOING WITH THAT. TO LIMIT IT, I WOULD JUST BE REALLY CAREFUL ON THAT BECAUSE WE DON'T HAVE AS MUCH LATITUDE. SO IF YOU DO, UM, MAKE SOME SORT OF STATEMENT, IT COULD BE IN THE EXISTING FOOTPRINT AS PER THE SITE PLAN, SOMETHING LIKE THAT. UM, RATHER THAN GIVING AN ACTUAL NUMBER OF FEET, THAT WOULD BE HELPFUL IF, IF THAT'S THE DIRECTION YOU WERE GOING. YEAH, I JUST, I'M JUST TRYING TO, YOU KNOW, IF IF IF THIS, IF IT'S SIZE FOR TWO CARS, IF IT'S ONLY 30 FEET DEEP, IT'S DIFFERENT THAN IF IT WAS 36 FEET DEEP. YOU KNOW, I'M JUST TRYING TO FIGURE OUT HOW BIG IT IS. WE HAVE 34 FEET FOR, UM, DEEP AND 25 FEET, UM, WIDE. ALRIGHT, THAT SOUNDS GOOD. THANK YOU. ANY COMMISSION QUESTIONS? MANNA? UM, SO, UH, WHAT IS, WHAT IS THE CARPORT CONSTRUCTED WITH? AND SO IS IT ALUMINUM FRAME OR IS IT A STEEL FRAME? UM, WITH REGARDS TO THE BEAMS THEMSELVES, IT IS THE METAL LAINA GALBAN, THAT'S METAL AND GALVANIZED, UM, SHEET. SO, UM, PART OF THE DIALOGUE. SO, SO THE POLES IS KIND OF WHERE WE DO SOME OF THE MEASUREMENTS AND UM, AND SOME OVERHANG IS ALLOWED. AND SO ONE QUESTION WOULD BE THE ABILITY TO MOVE THOSE POLES, THE FRONT POLES THAT ARE CLOSEST TO THE STREET BACK SOME, AND THEN, UM, AND THEN SHAVE OFF PART OF, UM, THE EXTENSION OF THE CARPORT. I DROVE AROUND GOOGLE DRIVE AND I DIDN'T SEE ANOTHER CARPORT THIS CLOSE IN, IN THE NEIGHBORHOOD ITSELF. AND SO, SO I HAVE CHALLENGES SETTING PRECEDENTS FOR THE REST OF THE COMMUNITY WHEN IT DOESN'T LOOK LIKE THAT'S WHAT THEY'RE DOING. AND SO THAT'S MY CHALLENGE RIGHT NOW. SO, SO DO YOU THINK IT, COULD IT BE, UM, I KNOW WITH, NOT NECESSARILY EASILY, BUT COULD IT BE SHORTENED WITH REGARDS TO THE DEPTH A LITTLE BIT? [03:40:07] WELL, IT COULD BE DONE, BUT IN THAT CASE THEN IT WOULD ONLY FIT ONE CAR WITHIN THE SHADOW. YOU COULD STILL PARK TWO CARS IN, THE TWO CARS COULD STILL BE PARKED THERE. IT JUST WOULDN'T BE FULLY COVERED. WELL, AT THE MOMENT WE HAVE FOUR VEHICLES THERE. BUT IF WE CUT IT, UH, AS, UH, THE CITY'S SUGGESTING, THEN IT WOULD BE JUST FOR TWO CARS. IT WOULD, UH, WELL, OKAY, SO ONE, ONE THING THAT WAS BROUGHT UP IS THAT ON KING'S POINT, AROUND THE CORNER THERE IS ANOTHER CARPORT THAT IS OF SOME SIMILARITY TO THE APPLICANT'S CARPORT, BUT THAT CARPORT DOESN'T EXTEND ALL THE WAY DOWN THE DRIVEWAY. SO THIS WOULD BE THE ONLY CARPORT IN THE NEIGHBORHOOD THAT EXTENDS ALL THE WAY TO THE SIDEWALK. AND THAT'S WHAT'S OF CONCERN TO ME PERSONALLY, IS SETTING THAT PRECEDENT. AND MR. CHAIR, I WOULD NOTE THERE ARE ONLY NINE OF YOU, RIGHT? SO IS, UH, COMMISSIONER, UH, YES. THAT'S A REASON WHY I AM APPEALING TO THIS. UM, SO MY QUESTION IS, IT APPEARS THAT THERE'S A TWO CAR GARAGE. IS THAT A PLACE WHERE THE EXTRA VEHICLES CAN BE PARKED? IS THERE A REASON THEY HAVE TO BE OUT ON THE DRIVEWAY? THE REASON, THE REASON WHY WE ARE REQUESTING THIS IS IF IT STAYS AS IT IS, THEN THE CARS WOULD FIT PERFECTLY WELL, UM, IN THE, IN THE CARPORT. AND THEN THE CARS WOULDN'T BE NEEDED TO BE PARKED OUTSIDE IN THE STREET. WELL THE THING IS THAT THE, THE CAR, THE CAR, THE GARAGE IS NOT CONDITIONED TO BE A GARAGE. THERE'S LIKE A GYM IN THE GARAGE. OKAY. ANYONE ELSE LIKE TO ADD TO THE, UH, BONNI QUESTION? COMMISSIONER EZ, UH, HAVE YOUR CARS EVER EXPERIENCED, UH, HAIL DAMAGE? YES, IN THE PAST THEY HAVE ABOUT WHAT YEAR WOULD APPROXIMATION? I THINK IT WAS AROUND 2018. AND WHAT IS THE MAIN PURPOSE OF UM, WHY DID HE BUILD THE CARPORT AND THE HAIL? OKAY. ALRIGHT, SO IF THERE'S NOTHING ELSE, UM, NO OTHER QUESTIONS. UM, I THINK WE CAN MOVE FORWARD TO A, TO A MOTION. I WILL SAY THAT THERE'S NINE MEMBERS HERE. UM, AND YOU, THERE WAS NO PROVISION OF ANY SUPPORT FROM THE NEIGHBORS. THERE WAS ONE. OH, THE ONE? WELL, YES, I DIDN'T KNOW THE PROCESS, SO I'M JUST LEARNING NOW. SO WE STAFF, IS THERE TWO IN FAVOR? IT'S ONE IN WRITING. AND THEN THE ONE VOICEMAIL OKAY. IS, IS, UM, ANY COMMISSIONER HERE LIKE TO MAKE A MOTION, UH, EITHER FOR A CONTINUANCE FOR HIM TO WORK MORE WITH THE NEIGHBORS, UH, OR PERHAPS WOULD, UH, SOMEONE LIKE TO MAKE A [03:45:01] MOTION JUST TO MOVE FORWARD AT THIS TIME? I'LL MAKE A MOTION FOR A CONTINUANCE. ALRIGHT, SIR. SO WE HAVE A COMMISSIONER WHO'S, WHO'S GOING TO MAKE A MOTION FOR A CONTINUANCE. UH, AND MOST OF THE TIME IT'S FOR YOU, IT'S REALLY FOR YOU TO, TO GET MORE, UH, GARNER MORE SUPPORT FROM THE NEIGHBORS. HOW MUCH TIME, HOW MUCH TIME WOULD YOU LIKE? WELL, I WOULD SAY NO, NO MORE THAN A MONTH, TWO WEEKS ENOUGH. ALL RIGHT, COMMISSIONER BOIZ, THE DATE WOULD BE, UM, THE, THE SECOND, RIGHT? YES, CORRECT. TWO WEEKS IS A SECOND MOTION FOR CONTINUANCE TO DECEMBER 2ND, 2024. WE HAVE A MOTION, A SECOND TO CONTINUE. ALL IN FAVOR SAY AYE. AYE. AYE. ALL RIGHT. IS THERE A SECOND? IT'S BEEN CON IT'S BEEN, UH, IT'S BEEN CONTINUED. WE'LL SEE ON DECEMBER 2ND. AND WE'RE LOOKING FOR, UH, MORE INPUT FROM THE NEIGHBORS. THIS IS, AND ALSO ALSO THINK ABOUT, UM, SOME OF THE COMMENTS THAT THIS THE COMMISSION HAS HAS MADE REGARDING THE DEPTH AND IF IT WAS POSSIBLE FOR YOU TO MOVE IT BACK ANY AMOUNT, ESPECIALLY THE POST. OKAY. THANK YOU. THANK YOU. SEE YOU IN TWO WEEKS. ALL RIGHT. LAST ITEM. ITEM 12. ALRIGHT, BO, OA 2 4 1 0 3 0 0 2 1 3. ADDRESS, EIGHT 14 SOUTH SAN EDUARDO AVENUE COUNCIL DISTRICT FIVE APPLICANT VICTOR SALGADO REQUEST ONE A 16 FOOT FOUR INCH VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW A THREE FOOT EIGHT INCH REAR SETBACK. AND TWO, A SIX INCH VARIANCE FROM THE MINIMUM FOUR FOOT SIX INCH SIDE SETBACK TO ALLOW A, THAT SHOULD BE FIVE FOOT SIDE SETBACK. AND THEN ZONING IS R FOUR. THE SUBJECT PROPERTY IS LOCATED ALONG SOUTH SAN EDUARDO AVENUE, WEST OF SOUTH GENERAL MCMULLEN DRIVE. LOCATED WITHIN THE LAS PALM NEIGHBORHOOD ASSOCIATION. THE APPLICANT CONSTRUCTED AN ADDITION TO THE HOME IN THE REAR OF THEIR PROPERTY WITHOUT A PERMIT. THE ADDITION IS APPROXIMATELY 10 FEET WIDE AND THE STRUCTURE IS FOUR FOOT EIGHT INCHES FROM THE REAR PROPERTY LINE WITH ONE FOOT OF OVERHANG CREATING A CURRENT THREE FEET AND EIGHT ENTRY OR SETBACK. ADDITIONALLY, THE ADDITION HAS A SIDE SETBACK OF FOUR FEET AND SIX INCHES. A BUILDING PERMIT HAS NOT BEEN APPLIED FOR AND WOULD BE PENDING OUTCOME OF THE BOARD OF ADJUSTMENT WITHIN THE 200 FOOT AREA AT 831 SOUTH SANTA EDUARDO AVENUE. THE BOA PREVIOUSLY APPROVED IN JULY, 2023, A 1,725 SQUARE FOOT MINIMUM LOT SIZE AND A 10 FOOT REAR SETBACK VARIANCE. AND HERE'S THE SITE PLAN, SUBJECT PROPERTY INSIDE SETBACK MEASUREMENT, OVERHANG SURROUNDING AREA STAFF RECOMMENDATION FOR THE SIDE SETBACK VARIANCE STAFF RECOMMENDS APPROVAL AND BOA 24 1 0 3 0 0 2 1 3 BASED ON FOLLOWING FINDINGS OF FACT, SUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE SAFETY CONCERNS. AND TWO, THE REQUESTED VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF RECOMMENDATION FOR THE REAR SETBACK VARIANCE STAFF RECOMMENDS NILE IN THE SAME BOA CASE BASED ON THE FOLLOWING FINDINGS OF FACT, INSUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE SAFETY CONCERNS AND THE REQUESTED VARIANCE WILL ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF MAILED OUT. 42 NOTICES RECEIVED ONE IN FAVOR, ONE IN OPPOSITION, AND NO RESPONSE FROM THE LOST PALMAS NEIGHBORHOOD ASSOCIATION. AND THE ONE IN FAVOR IS THE PROPERTY OWNER, THE APPLICANT, [03:50:06] AND THEN THE, UH, ONE IN OPPOSITION, WHICH IS LOCATED BEHIND HIM. AND THAT CONCLUDES STAFF PRESENTATION. APPLICANT'S AVAILABLE. ALL RIGHT. SO THE APPLICANT COME FORWARD. PLEASE STATE YOUR NAME, TELL US ABOUT YOUR PROJECT. MANDO. MY NAME IS VICTOR MANUEL ROMAN SALGADO ROMAN SALGADO. OKAY. UM, GO AHEAD. MM-HMM. . MM-HMM. . SO MY INTENTION, UH, WAS TO BUILD THIS STUDIO FOR MY DAUGHTER AND HER SON TO LIVE IN. MM-HMM, . OKAY. UH, WELL, STAFF IS RECOMMENDING DENIAL ON THE REAR SETBACK. MM-HMM, . UM, HOW MUCH PAST THE EXISTING HOME DOES THIS ADDITION EXTEND? IT LOOKS LIKE IT'S 10 FEET, IS THAT CORRECT? SO, DSPS FOUR FEET. SO, SO YOU BUILT AN ADDITION? ONLY FOUR FEET. THE, IT'S 10 FEET. OKAY. ALRIGHT. AND, UM, I NOTICED YOUR ROOF DRAINS TO THE BACK. UH, IS THERE INTENTION TO PUT GUTTERS IN? YES. WILL DO. OKAY. AND THE NEIGHBOR DIRECTLY BEHIND YOU SEEMS TO HAVE ITEMS CONSTRUCTED VERY CLOSE TO THE FENCE. IS, IS THAT A SMALL SHED OR CAN YOU, UH, UH, TALK ABOUT WHAT THOSE ARE? NO, IT'S ONLY WHAT I DID. ONLY WHAT I BUILT THERE. THERE'S NOTHING ELSE. NO, I'M WONDERING, I'M WONDERING WHAT'S DIRECTLY BEHIND, UM, THE ADDITION IN THE NEIGHBOR'S YARD. IS IT SOMETHING TALL? IS IT SOMETHING LARGE? YOU JUST A CLARIFICATION. YOU ARE TALKING ABOUT THE NEIGHBOR'S PROPERTY OR WITHIN YEAH, WE HEARD, UH, I'LL JUST TELL YOU. SO WE, WE, ONE OF THE COMMENTS WE HEARD WAS THAT, UM, THIS WAS TOO CLOSE TO ELEMENTS FROM THE NEIGHBOR'S YARD AND THERE WAS A CONCERN OF FIRE SPREAD. SO I'M TRYING TO FIGURE OUT WHAT EXACTLY IS IN THE NEIGHBOR'S YARD. IS IT A SMALL SHED? IS IT SOMETHING LARGE THAT SHE, SHE CAN SPEAK IF SHE WANTS. I, I'M NOT SURE IF I'M GONNA BE ABLE TO TALK IN ENGLISH, BUT IF YOU COULD STATE YOUR NAME AND YES. MY NAME IS ROMAN. I'M HER DAUGHTER OF MY, UH, WELL, [03:55:01] HE'S MY SON. HE'S MY DAD. I'M SORRY, . I'M A LITTLE BIT NERVOUS, BUT I I ALREADY GOT WHAT YOU'RE TRYING TO TELL HIM BECAUSE HE'S NOT LIKE HE, HE'S, HE TOLD ME, UH, YOU'RE GONNA TALK. I'M SAYING, UM, I CANNOT TALK BECAUSE YOU NEED TO TALK FIRST. SO, UM, YES, I'M HERE TO SUPPORT, UH, HIM, BUT, UM, GET A LITTLE CLOSER TO THAT. THERE GO, UM, HERE TO SUPPORT MY DAD BECAUSE HE'S, HE DID THAT, HE TOLD ME THAT HE WAS GONNA, UH, DO, UH, HE'S GOING, HE WAS GONNA BUILD THAT, BUT I DIDN'T KNOW, UH, WHICH ONE, WHICH KIND OF RULES IT'S SUPPOSED TO BE FOLLOWING, YOU KNOW, AND WELL, MY DAD DID IT. AND, UM, BUT I ALSO TOLD HIM THAT, UM, I CAN SEE IN THE, IN THE BACK OF THE, OF HIS NEIGHBOR, HE HAS LIKE A SHELF AND HE HAS CAMERAS. YEAH. UH, HE, MY DAD TOLD HIM, HEY, YOU DON'T NEED TO PUT CAMERAS IN MY PROPERTY BECAUSE, UH, THE, THE NEIGHBOR WAS PUTTING HIS, UH, CAMERA, UH, I'M, I'M, I'M TRYING TO FIND OUT IF THERE'S ANYTHING THAT COULD CATCH FIRE. I'M, I'M, I'M TALKING ABOUT YEAH. STRUCTURE. YEAH. WELL, A SHED. YES. HE HAS A LITTLE SHELF, LIKE A LITTLE SHELF AND, UM, LIKE HE, HE, UM, PUT SOME STUFF THERE, BUT HE HAS A LOT OF THINGS CLOSED. YOU KNOW, IT'S NOT ONLY MY DAD AND THE OTHER, THE OTHER, UH, UH, NEIGHBOR. A LOT OF YOUR NEIGHBORS? YES, THEY ARE. I CAN SEE FROM THE PICTURES. THEY ARE, I'M, I'M JUST TRYING TO ASK, THERE WAS A CONCERN RAISED BY A RE UH, A, A NEIGHBOR YES. THAT WAS WANTING TO MAKE SURE THERE WOULD BE, UH, HE WAS CONCERNED ABOUT FIRE SPREAD. AND I'M TRYING TO FIGURE OUT IF THERE'S A BUNCH OF PERMANENT THINGS IN YOUR NEIGHBOR'S YARD THAT COULD CATCH FIRE THAT ARE REALLY CLOSE TO YOUR FENCE. OH, UM, WELL, I DON'T KNOW, BUT I'M NOT SURE BECAUSE, UM, OKAY. HE'S REALLY CLOSE. HIS STAFF ARE REALLY CLOSE. I DON'T KNOW WHY HE'S BLAMING OR WHY HE'S LIKE THAT HE'S BEING LIKE THAT, BUT, WELL, I'M, I'M JUST ASKING. YEAH, NO MANNA COMMISSIONER MANNA, SO YEAH, IT MIGHT, YEAH. YEAH, BECAUSE THE TYPE OF, UH, UH, MATERIAL. OKAY. THANK YOU VERY MUCH. SO ON THE VIEW HERE, UM, SO WE HAVE, I BELIEVE THE WHITE AREA THERE ON YOUR PROPERTY IS THE NEW ADDITION. AND THEN IT LOOKS LIKE CROSSING THIS SIDE OF THE FENCE, THERE'S A, A STRUCTURE THERE. MM-HMM. THAT ONE RIGHT THERE. SO AT THE TOP OF THE PICTURE. SO THAT ONE RIGHT THERE, DO YOU KNOW WHAT THAT IS? RIGHT THERE? SO IS THAT A, A SHED OR IT IS A YES, IT IS A SHE THAT IT'S ADJACENT TO, UH, HIS PROPERTY. OKAY. ALL ALL WE WANT. THAT'S WHAT I WAS TRYING TO FIND OUT. OKAY. AND IT'S NOT JUST HIM, IT'S THE OTHER, UH, THERE ARE A LOT OF NEIGHBORS YES. ON THIS WHOLE BLOCK THAT HAVE ITEMS VERY CLOSE TO THE REAR SIDE. RIGHT. ARE THERE ANY COMMISSIONER QUESTIONS? UH, UM, WE HAVE, UH, OUR NEIGHBOR. OH, OKAY. SHE'S HERE WITH US. WELL, LET'S BRING HER ON. SHE WANTS TO SPEAK, UH, FOR US TOO. YEAH. BRING, BRING HER ON UP. YEAH. HEY, TELL US YOUR NAME AND WHAT YOUR ADDRESS IS, PLEASE. AZAR. I'M MARIA AZAR. I, I, UH, THEY, THEY MADE ME A LETTER, YOU KNOW, ABOUT HIM, AND I TELL THEM I DON'T HAVE ANYTHING, YOU KNOW, ABOUT MAKING THAT, THAT ROOM THAT HE HAVE TO MAKE. WHAT, WHAT IS YOUR ADDRESS? TWO 10 BRENNER TWO 10. OKAY. ALL RIGHT. AND SO WHAT DO YOU THINK ABOUT THIS EDITION? WELL, HE, HE NEED THAT HE, HE NEED ANOTHER ROOM. OKAY. YEAH. SO YOU DON'T, YOU'RE, YOU DON'T MIND? YOU'RE OKAY? NO, I DON'T MIND. OKAY. BECAUSE I RECEIVED A LETTER, YOU KNOW, AND, AND I WENT BY HIS HOUSE, YOU KNOW, AND I TELL HIM, JUST, I DON'T HAVE ANYTHING ABOUT YOU, YOU KNOW, MAKING A, ANOTHER ROOM. OKAY. THANK YOU VERY MUCH. OKAY. THANK YOU. MM-HMM. . ANY OTHER COMMISSIONER QUESTIONS? COMMISSIONER EZ? UH, YEAH, EZ AND MAYBE YOU GUYS ANSWER IT. UM, THAT, THAT, UH, ADDITION YOU BUILT, IS THAT WALL ON THE REAR, IS IT FIRE RATED? YES. IN THE REAR. IN THE REAR. AND, AND IF HE WAS GONNA ADD A, AN ADDITION, WHERE ELSE COULD HE PUT IT ON THIS PROPERTY? [04:00:07] I COULD HAVE DONE IT, UH, TAKING THE, THE GARAGE. ALL RIGHT. ANY OTHER QUESTIONS? I GOT ONE. YES. COMMISSIONER GOMEZ. CAN I ASK HIM IN SPANISH AND THEN I'LL TRANSLATE? SURE. WHAT I, WHAT I JUST ASKED HIM WAS THE SHED THEY WE'RE TALKING ABOUT? YES. WAS IT BUILT OUT OF WOOD OR? HE SAYS SHED ALUMINUM. OKAY. THANK YOU. ALUMINUM. IT'S ALUMINUM. OKAY. ALL RIGHT. THE SHED. YEAH, THE SHED ON THE NEIGHBOR'S HOUSE. YEAH. THE SHED IN QUESTION THAT NEIGHBOR IN THE BACK. 'CAUSE THERE OF COURSE, THEY ABOUT IT BEING FLAMMABLE. SO IF IT'S A ALUMINUM, IT IT DIFFERENT FROM THE, FROM THE WOODEN SHEDS? THAT'S CORRECT. WELL, OKAY. UH, IF THERE'S ANY OTHER QUESTIONS, IF THERE'S ANY, UM, COMMISSIONERS THAT, UH, ARE DON'T FEEL COMFORTABLE APPROVING THIS, I WOULD RECOMMEND A CONTINUANCE AT THIS TIME. BUT, UH, OTHERWISE, UH, WE HAVE TWO THINGS BEFORE US ASIDE AND A REAR SETBACK. IF THERE'S ANY RESERVATION, WE CAN HAVE THEM READ SEPARATELY. YES. COMMISSIONER BONNI. I DID HAVE A, A QUESTION FOR, UM, CITY. SO DOWN THE STREET FROM HERE AT, DOWN THE STREET FROM HERE AT EIGHT, IT LOOKS LIKE THERE'S THREE NEW CONSTRUCTION HOMES AT 8 26, 8 24. AND I GUESS THAT WOULD MAKE IT 8 28. AND EDUARDO, THOSE APPEAR TO HAVE REALLY SHORT SETBACKS AS WELL. WHAT ARE THE SETBACKS ON THOSE? LIKE THEY, THEY APPEAR TO GO MAYBE EVEN FIVE FEET WITHIN THAT REAR. 8 24, 8 26 AND 8 28. THEY'RE LIKE LITTLE NARROW HOUSES. UH, THOSE ARE ARE FOUR, BUT IF THEY ARE TOWNHOUSES, IT WOULD BE A REDUCED SEP. I'M NOT, 'CAUSE THERE ARE THREE IN A ROW THAT'S KIND OF LIKE POPPING IN MY MIND. TOWNHOUSES, BUT I HAVE TO CHECK. I'M LOOKING AS WELL, BECAUSE THOSE APPEAR TO GO, I MEAN, BACK ALMOST, ALMOST. THEY'RE NOT ALL THE WAY TO THE FENCE, BUT THEY'RE, THEY LOOK ABOUT FIVE FEET MAYBE. YEAH. AND THEY'RE, THEY'RE NOT ATTACHED. THEY'RE ALL SEPARATE. YEAH, THEY'RE NOT, THEY'LL HAVE SEPARATE ADDRESSING. SO IT SHOULD BE, IT SHOULD BE TO 20 FEET TILL WE GOT THREE NEW CONSTRUCTION HOMES THERE. AND THEY ALL APPEAR TO, I MEAN, IT DOESN'T LOOK LIKE 20 FEET, AT LEAST FROM WHAT I SEE NOW. THOSE ARE THOSE OLD, UH, 25 FOOT WIDE LOTS. SO THEY JUST POP THE HOUSE ON EACH LOT. OH, THE REAR. YEAH. THE REAR SETBACK SHOULD HAVE BEEN, UM, PUT ON THE BASEMENT. LOOK AT THAT AERIAL THOUGH, WHEN YOU YEAH, IT'S R FOUR SHOULD HAVE BEEN 20 FOOT SETBACK. WE'LL LOOK THROUGH PERMITTING AND FOR OTHER VARIANCES. UM, OH YEAH. WHILE Y'ALL ASK QUESTIONS. YEAH. YEAH. THAT'S, AND THEY'RE BRAND NEW. LOOK AT THAT. OKAY. SO , IS THERE ANY OTHER QUESTIONS BEFORE WE MOVE ON TO A MOTION? I WOULD, I WOULD RECOMMEND READING THE, UH, SIDE VARIANCE. UH, UNLESS NOBODY SEEMS TO BE IN OPPOSITION, UH, YOU MIGHT WANT TO SEPARATE 'EM. UH, JUST A QUESTION FOR THE APPLICANT. IS THE WIDTH OF THE ADDITION, DOES IT MATCH THE WIDTH OF THE ORIGINAL HOUSE? YES. OKAY. SO THE SIDE SETBACKS FOR THAT ARE THE SAME AS THE SIDE SETBACKS FOR THE ORIGINAL HOUSE? YES. I MADE, UH, ONE ADDITION. IT WAS STORAGE BEFORE. MM-HMM? . MM-HMM . AND IT IS, UH, IT IS, IT IS, [04:05:01] UH, A LITTLE BIT MORE. IT WILL, IT WILL GO FURTHER THAN THE ORIGINAL. SO FOR STAFF, IS THIS, IS, IS THE REAR SETBACK GOING DOWN TO THREE FOOT, UM, EIGHT INCHES? IS THAT, IS THAT LIMITED TO JUST THE STORAGE COMPONENT THAT THEY'RE, THAT THEY'RE TALKING ABOUT THE REAR SETBACK? THE REAR SETBACK IS PART OF THE PRINCIPAL STRUCTURE. OKAY. BUT I'M, I'M, SO THEY DID AN ADDITION, BUT THERE'S ALSO A SMALL STORAGE BUILDING. IT LOOKS LIKE THE STORAGE BUILDING, DOES THAT EXTEND FURTHER BACK? MM-HMM. THAN THE ADDITION DOES? MM-HMM? . OH, THE, LEMME DOUBLE CHECK. AND JUST FOR THE OTHER QUESTION, UH, 2019 THERE WAS, YES, THE STORAGE IS A LITTLE, IT GOES A LITTLE FURTHER THAN THE DH OF THE HOUSE OF THE, LIKE THE PRIOR CONSTRUCTION, BUT IT'S NOT MUCH. NO. ONLY TO THE REAR PROPERTY LINE. YES. SO THE, THE ADDITION, THAT'S THE 10 FOOT DEEP ADDITION. HOW FAR IS THAT FROM THE REAR PROPERTY LINE? IT IS FOUR FEET. FOUR FEET. OKAY. SO EVERYTHING THAT WAS RECENTLY BUILT, THE STORAGE IN THE ADDITION, THEY'RE BOTH ITEMS ARE THE SAME DISTANCE AWAY FROM THE BACK. MM-HMM. , YES. YES. OKAY. IS IT STAFF? CAN YOU BRING UP THE AERIAL GOOGLE MAP? AERIAL PLEASE. AND JUST FOR THE OTHER QUESTION, THOSE THREE LOTS HAD A REDUCED SETBACK APPROVED BACK IN 2019 FROM THE BOA. OKAY. TO WHAT, WHAT AMOUNT TO WHAT AMOUNT? UH, 10 FEET. OKAY. YEAH. SO, SO GO TO THE SUBJECT PROPERTY. SO, SO IF YOU LOOK IN THE MAP, THERE'S A WHITE BOX STAFF. IF YOU COULD HELP POINT THAT OUT. SO THERE'S A WHITE, IS THAT THE, IS IS THAT STILL THERE? THAT IS A SHED THAT I BUILT. IT'S STILL THERE A YEAR AGO. IT'S STILL THERE? YES. OKAY. SO THE ADDITION WAS BUILT EXTENDING BACK FROM THE BUILDING, BUT IT DOESN'T GO ANY FURTHER THAN THAT SHED? NO, IT IS IN THE SAME, THEY ARE PARALLEL THE SAME. MM-HMM. . THEY ARE PARALLEL. OKAY. SO I, I THINK AT THIS TIME, UM, I WOULD RECOMMEND, UH, A CONTINUANCE ON THIS. RECOMMEND AND LIKE FOR TWO WEEKS POSSIBLY TALK TO YOUR IMMEDIATE NEXT DOOR NEIGHBOR. SEE IF YOU CAN GET SOMETHING FROM THEM AND BEHIND IF THAT'S POSSIBLE TOO. OKAY. I'VE ALREADY TALKED TO MY NEIGHBOR TWO DAYS AGO. WE HAVE NINE MEMBERS PRESENT IF ONE PERSON VOTES. NO, IT DOESN'T PASS. MM-HMM, . OKAY. WOULD YOU LIKE TO COME BACK IN TWO WEEKS WHEN THERE'S MORE THAN NINE PEOPLE HERE? YES. ALRIGHT. IT'S FINE. I'M GOING TO CONTINUE THIS TO DECEMBER 2ND. SECOND. THERE'S A MOTION TO SECOND. UH, ALL APPROVED SAY AYE. ANY OPPOSED? HEARING ON THIS CASE HAS BEEN CONTINUE TO DECEMBER 2ND CONTINUING. MANA COMMISSIONER MANNA C CAN, UM, IT, IT MAY HELP ME, UM, BETTER UNDERSTAND A BETTER DRAWING OF THE HOUSE AND THE ADDITION. 'CAUSE I'LL SAY I WAS [04:10:01] CONFUSED WITH REGARDS TO WHAT WE WERE TRYING TO APPROVE, SEPARATING THE, THE STORAGE UNIT VERSUS THE ADDITION. UM, SO THAT I BETTER UNDERSTAND, UM, UM, YOU KNOW, WHAT THE DISTANCE IS TO THAT BACK, BACK PIECE OF THE PROPERTY. PLEASE. WHEN Y'ALL COME BACK, WE'RE LOOKING FOR ADDITIONAL INPUT FROM THE NEIGHBORS AND WE'RE LOOKING FOR A BETTER DETAILED MM-HMM. , UM, YOU KNOW, MEASUREMENTS OF WHAT EXACTLY WE'RE ATTEMPT WE'RE WHAT'S WE'RE LOOKING AT. MY DAD GOT COMPLETE MM-HMM. BUT I UNDERSTAND WHAT HE SAID BECAUSE, UH, MY DAD TOLD ME THAT IT WAS LIKE DIFFERENT, LIKE YEAH. IF YOU COULD PLEASE, YOU KNOW, DRAW EVEN SOMETHING SIMPLE WITH SOME YES. BECAUSE, UM, WHAT YOU ASKED HIM WAS DIFFERENT. YEAH. THEY'LL, THEY'LL, THEY CAN TALK TO YOU OUTSIDE ABOUT IT, BUT THANK YOU. YES, THANK YOU. WE'LL SEE YOU IN TWO WEEKS. [ Approval of Minutes  ] OKAY. NEXT ON THE AGENDA IS THE MINUTES. ANYBODY HAD A CHANCE TO READ THEM? I HAD ONE LITTLE COMMENT. THANK YOU. YOU'RE WELCOME. HAVE A GOOD AFTER, UH, EVENING. I DIDN'T SEE ANYTHING. THERE WAS, UH, THE, THE, I, THERE WAS ONE ADJUSTMENT ON, THEY HAD THE, THE MAKER AND THE SECOND. THAT'S THE SAME NAME. I JUST HAD IT CORRECT. OKAY. ANYONE LIKE TO, ANY, ANY BOO IS APPROVED OR BLUE IS WRITTEN. OKAY. UH, MOTION BY N TO ACCEPT THE MINUTES. IS THERE A SECOND? SECOND. SECOND BY COMMISSIONER BRAGMAN. ALL IN FAVOR TO ACCEPT THE MINUTES AS AMENDED. ANY OPPOSED HEARING? NONE MINUTES PASSES. YOUR DIRECTOR'S REPORT? NO DIRECTOR'S REPORT. THANK YOU. ALL RIGHT. WE'LL SEE EVERYBODY BACK HERE DECEMBER 2ND. OKAY. EXCEPT FOR COMMISSIONER BREAK. * 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.