[00:00:01]
DO WE HAVE ANY ONLINE ALREADY? I MEAN, IF WE HAVE THE NINE, WE CAN GET STARTED.
IT'S 1:01 PM I'M GONNA CALL THIS MEETING OF THE BOARD OF ADJUSTMENTS INTO SESSION.
IF WE COULD HAVE THE SPANISH INTERPRETER COME OUT, PLEASE.
IS THAT, DID WE HIT NINE WITH THE ONLINE? YES.
IF EVERYONE COULD PLEASE STAND AND JOIN ME IN THE PLEDGE, I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC WHO, WHICH STANDS ONE NATION UNDER GOD AS INDIVISIBLE WITH THE JUSTICE LAW.
I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD.
ALRIGHT, SO BEFORE WE PROCEED WITH TODAY'S
[ Briefing and Possible Action on the following items ]
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 THE STREET ADDRESS.
FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM A PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT.
LASTLY, AS CHAIR WILL MAKE ANNOUNCEMENTS THAT JUST COMMUNITY CALENDAR EVENTS, I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS A CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING.
WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL.
THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA.
THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW.
WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELEASE SOUGHT, AND WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN THE PARTIES.
SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL.
THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNOR CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY CITY COUNCIL.
WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION, A DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL AND THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35.
WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE.
IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY THE CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE.
EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS.
THE APPLICANT OR HIS REPRESENTATIVE WILL BE, WILL PRESENT THE PETITION AND THEY 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 AND GRANTING THE RELIEF SOUGHT RESTS WITH THE APPLICANT.
THE APPLICANT MUST PRESENT FACTS ON 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 WILL BEGIN EACH CASE WITH A SHORT PRESENTATION AND REQUEST.
PRIOR PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED
[00:05:01]
FOR THE VARIANCE OF SPECIAL EXEMPTION AND PROPERTY WITHIN 200 FEET OF THE SUBJECT PROPERTIES.CHECK MARKS INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND X INDICATES THE PROPERTY OWNER IS IN OPPOSITION.
FOLLOW THIS PRESENTATION ANY QUESTION BY THE BOARD, THE APPLICANT, THE APPLICANT WILL PRESENT THE REQUEST FOR THOSE THAT SIGNED UP TO SPEAK FOR OR AGAINST A PROPOSED VARIANCE OF SPECIAL EXEMPTION.
YOU'LL BE CALLED IN THE ORDER THAT YOU SIGN UP TO SPEAK THOSE IN SUPPORT AND OPPOSITION.
WE'LL ALLOW A MAXIMUM OF THREE MINUTES PER SPEAKER AND YOU'RE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION FOR THOSE.
I'D LIKE TO GIVE UP THEIR TIME TO THE SPEAKER.
THAT SPEAKER WILL BE ALLOWED A MAXIMUM TWO MINUTES, 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 OPPORTUNITIES TO ADDRESS BOARD QUESTIONS.
UH, SO CURRENTLY THIS TIME WE HAVE NINE SEATED MEMBERS, EIGHT HERE, AND THEN ONE ONLINE.
WE'RE EXPECTING, UH, ONE OR TWO MORE.
UH, THE ONLY CASE THAT WE HAVE ON, ON OUR AGENDA TODAY WHERE STAFF IS RECOMMENDING APPROVAL IS ITEM NUMBER 10.
AND I'D LIKE TO BRING THAT ONE UP.
UH, FIRST, UH, STAFF COULD DO, UH, ITEM 10 IS THE APPLICANT FOR THREE 30 UTAH STREET HERE.
AND IF REAL QUICK, THE, UM, OUR IT DEPARTMENT IS COMING OVER HERE TO PUT THE COMMISSIONERS ONLINE.
UM, SO IF YOU CAN GIVE US ONE MINUTE, THEY'RE ON THEIR WAY DOWN.
AND COMMISSIONER VAZQUEZ, CAN YOU HEAR US? I YOUR METER RIGHT NOW.
UM, WHAT ABOUT COMMISSION? CAN YOU DRAG THE, UH, THE COMMISSIONERS TO THE UH, SCREEN? OH, THERE WE GO.
AND KIND OF MINIMIZE IT AS MUCH AS YOU CAN.
I'M NOT SURE COMMISSIONER VASQUEZ CAN HEAR US OR NOT.
WELL WE HAVE AT LEAST HAVE NINE STAFF.
ITEM NUMBER 10, BO EIGHT DASH 24 DASH 0 3 0 0 2 1 8.
ADDRESS IS THREE 30 UTAH STREET COUNCIL DISTRICT TWO APPLICANT.
ALTHOUGH GUTIERREZ AND A REQUEST FOR A 1,160 SQUARE FOOT, LOT SIZE VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT LOT SIZE TO ALLOW A SINGLE FAMILY RESIDENTIAL DEVELOPMENT ON A 2,840 SQUARE FOOT LOT ZONING IS RM FOUR.
SUBJECT PROPERTY IS LOCATED NORTH OF INTERSTATE 10, EAST OF PIEDMONT AVENUE, APPROXIMATELY 97 FEET FROM THE SOUTH PALMETTO STREET AND UTAH STREET INTERSECTION.
THE SUBJECT PROPERTY WAS PREVIOUSLY APPROVED FOR A 1,160 SQUARE FOOT MINIMUM LOT SIZE VARIANCE BY THE BOARD OF ADJUSTMENT ON APRIL 5TH, 2021.
HOWEVER, THEY WERE UNABLE TO OBTAIN THE BUILDING PERMITS WITHIN ALLOTTED 12 MONTH PERIOD.
ADDITIONALLY, FOLLOWING THE PREVIOUSLY APPROVED BOA MINIMUM LOT SIZE VARIANCE, A CERTIFICATE OF DETERMINATION COD WAS ISSUED ON MAY 27TH, 2021, NOTING THAT THE PROPERTY MUST MEET ALL ZONING REQUIREMENTS AND LIMITED TO ONE DWELLING UNIT ONLY.
THE APPLICANT ON BEHALF OF THE PROPERTY OWNER IS SEEKING A 1,160 SQUARE FOOT VARIANCE TO ALLOW A SINGLE FAMILY RESIDENTIAL DEVELOPMENT ON A 2,840 SQUARE FOOT.
MUCH OF THE SURROUNDING PROPERTY IS SIMILAR IN LOT SIZE.
UH, LOT SIZES WERE CONSTRUCTED PRIOR TO THE ESTABLISHED ZONING CODE.
UH, BUILDING PERMITS ARE PENDING NOW.
SO THE APPLICANT COME FORWARD.
MEMBERS OF THE BOARD APPLICANTS, UM, WELL, LIKE YOU'VE SEEN IN THE, UH, SUMMARY, CAN YOU STATE YOUR NAME FOR THE RECORD PLEASE? UM, AL GUTIERREZ.
UM, WELL, LIKE YOU SAW IN THE SUMMARY, UM, THIS IS A LOT.
WE, UH, UH, OWN A CONSTRUCTION COMPANY WITH MY BROTHER, BUT OUR CONSTRUCTION, WE RECENTLY ACQUIRED THIS LOT AND, UM, WE DIDN'T KNOW ABOUT THE LIMITATIONS.
SO WE'RE NOW TRYING TO, UM, YOU KNOW, MAKE EVERYTHING RIGHT SO WE CAN BUILD A SINGLE FAMILY HOME LIKE THE REST OF THE, UH, NEIGHBORHOOD.
DID, UH, SO YOU WEREN'T THE APPLICANT THREE YEARS AGO THEN? NO.
UH, WE RECENTLY ACQUIRED THIS PROPERTY ABOUT FOUR MONTHS AGO MAYBE, I THINK.
AND YOU'RE NOT ATTEMPTING ANY OTHER TO PURSUE ANY OTHER VARIANCES AND YOU'RE JUST DOING A SINGLE FAMILY HOUSE? UM, WELL IN THE APPLICATION WE ACTUALLY ALSO, UH, APPLY FOR ANOTHER VARIANCE THAT'S JUST, UH, A SETBACK VARIANCE.
UH, THIS KIND OF SECONDARY, IF IT'S, UH, IT WOULD BE AWESOME IF IT'S APPROVED.
IT'S JUST, UH, SO WE'RE ABLE TO LIKE BUILD A DRIVEWAY SO WE CAN PARK A, A, A CAR IN THE PROPERTY AS WELL, NOT IN THE STREET.
[00:10:01]
I THINK LIKE TWO OR THREE FEET OF VARIANCE ON FROM THE 20 FOOT FROM THE GARAGE.UH, IT'S ACTUALLY LIKE ON THE RIGHT HAND SIDE.
SO FIVE SETBACK, VARI, UH, SETBACK REQUIREMENT RIGHT NOW.
SO STAFF, IS THIS APPLICANT, UH, REQUESTED? UH, IS THERE A SETBACK VARIANCE THAT WE ALSO NEED TO HEAR, OR THIS NEEDED TO BE TABLED? NONE HAS BEEN GIVEN TO STAFF.
HE'S ONLY REQUESTING THE OKAY.
UH, IT WAS, IT WAS IN THE APPLICATION, BUT IT'S, I MEAN, IT'S ALL RIGHT.
THE MAIN FOCUS WAS, YOU KNOW, UH, GETTING THE LAW APPROVED.
SO JUST SO YOU KNOW, I MEAN, WE, WE HEAR SETBACK VARIANCES, BUT, UH, WE CAN ONLY HEAR WHAT WAS ADVERTISED UHHUH AT THIS, AT THIS POINT IN TIME.
ALL, ALL WE CAN TALK ABOUT TODAY OR, OR ACT ON TODAY IS THE, UH, SQUARE FOOTAGE.
I MEAN, IF THAT'S, IF YOU HAVE ANOTHER VARIANCE, SIR.
I KNOW WE, WE RAN A PUBLICATION BEFORE WE ADVERTISE BY THE APPLICANT.
SO IF THERE'S ANYTHING ELSE THAT NEEDS TO BE ADDED ON AND YOU WANT TO HOLD UP AND SO THEY HEAR, BOTH OF 'EM LET US KNOW AND THEN THEY CAN HEAR BOTH AT THE SAME TIME.
UM, IS, IS, UH, IS HE, IS HE ALREADY PAID THE FEE FOR THE SECOND VARIANCE APPLICATION? SO IF HE, UM, PUTS THIS ONE ON HOLD AND WE RE ADVERTISE, HE DOESN'T HAVE TO PAY ANOTHER FEE, BUT IF YOU APPROVE THIS OR DENY IT, UH, WELL IT DENIED DIFFERENT STORY, BUT IF YOU APPROVE THIS, THEN HE HAS TO PAY AGAIN FOR THAT ADDITIONAL VARIANCE.
WHAT WOULD YOU LIKE TO DO? UM, WELL
'CAUSE I SAW, UM, LIKE MOST OF THE CASES IT'S, IT'S A SIMILAR KIND OF VARIANCE THE OTHER APPLICANTS ARE SEEKING.
SO I MEAN, BASED ON YOUR RECOMMENDATION, WELL, THIS, THIS IS, WELL, WHAT WE'RE GETTING AT IS WE CAN HEAR BOTH WITH THE SAME UP FEE UHHUH OR WE CAN DO IT AS TWO DIFFERENT CASES.
WHAT WOULD YOU LIKE TO DO? UM, I THINK WE'LL JUST DO IT SEPARATELY.
UH, LET'S DO WHAT WE HAVE ON THIS ONE AND THEN IF WE HAVE TO PAY ANOTHER FEE, THAT'S FINE.
JUST, YOU KNOW, KEEP THE BALL ROLLING TOO.
UH, IS, IS ANYONE SIGNED TO SPEAK ON THIS ISSUE THERE? NO PUBLIC COMMENTS? IS THERE ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? ALL RIGHT, WELL, WE'LL SEE.
TURNS OUT I'M LOOKING FOR A MOTION.
ALRIGHT, THANK YOU O COMMISSIONER ZUNA, UH, REGARDING CASE NUMBER BOA DASH 24 DASH 0 3 2 8, I MOVE TO THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR A, UH, 1,160 SQUARE FOOT SIZE VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT LOT SIZE TO ALLOW A SINGLE FAMILY RESIDENTIAL DEVELOPMENT ON A 2,840 SQUARE FOOT LOT SITUATED AT THREE 30 UTAH STREET AP APPLICANT BEING ALDO GUTES BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOWED THE PHYSICAL CHARACTER OF THIS PROPERTY, IT SUCH THAT A LITERAL ENFORCEMENT, UH, ENFORCEMENT OF THE PROVISIONS OF THE UDC AS ESTIMATED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
STAFF FINDS THAT 1,160 SQUARE FOOT VARIANCE IS NOT CONTRACT TO PUBLIC INTEREST AS GRANTING THE VARIANCE WOULD BE IN LINE WITH OTHER LOTS IN THIS AREA.
AND TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN HAVING TO REZONE, WHICH WOULD RESULT IN AN UNNECESSARY HARDSHIP.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THEIR ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE REQUEST APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE AS A REQUIREMENT, IS THERE TO PROTECT THE NEIGHBORHOOD.
AND THERE ARE OTHER SINGLE FAMILY HOMES IN SIMILAR LOT SIZES IN THE AREA.
AND FOUR, 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.
AND FIVE SIX 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 VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES AS MANY OTHER LOTS NOT DO NOT MEET THE MINIMUM LOT SIZE REQUIREMENTS.
AND SIX, APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SIZE DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL OR NOT DUE TO OF THE RESULT OF GENERAL CONDITIONS TO THE DISTRICT OF WHICH THE PROPERTY IS LOCATED.
UH, STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SIZE DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
DO NOT APPEAR TO BE MERELY FINANCIAL AS THE PROPERTY OWNER'S INABILITY TO UTILIZE THE LOT WAS CREATED BY PLACING THE ZONING DISTRICT ON THE PROPERTY THAT DOES NOT MATCH WITH THE SIZE OF THE INTENDED, UH, SINGLE FAMILY, UH, HOUSE.
SECOND, UH, WHO SECONDED THAT? UH, STEVEN BARRINGTON.
SO I'M GONNA BE SUPPORTING, I'M GOING WITH STAFF'S RECOMMENDATION FOR APPROVAL.
UM, WE, THIS SAME CASE WAS HEARD BEFORE THE BOARD, WHICH WE GAVE YOU APPROVAL OF.
UH, THERE IS NO O OPPOSITION, UM, UH, OTHER THAN I GUESS WE'RE NOTING HERE THAT THE NEIGHBORHOOD ASSOCIATION HAS OPPOSED IT, BUT IT'S IN CONTINUE, IT'S IN CONTINUITY WITH THE, UM, THE BUILDING CHARACTERISTICS OF THE NEIGHBORHOOD.
AND, UM, THE SIZE OF THE LOTS ARE ALL THE SAME SIZE.
AND AT THIS POINT, HE'S MEETING WITH THE, HE, HE WILL HAVE TO MEET THE SIDE VARIANCE REQUIREMENTS, UH, OTHERWISE COME BACK TO THE BOARD FOR VARIANCES AS SUCH.
SO I'M SUPPORTING, THANK YOU COMMISSIONER.
UH, BARRINGTON, UH, I AGREE THERE'S NOTHING MORE TO SAY ABOUT IT.
[00:15:01]
IF THERE'S SOMETHING ELSE FROM ANY OTHER COMMISSIONERS, LET'S EVER ROLL CALL VOTE.COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER VASQUEZ, CHAIR ORIAN.
I CONCUR WITH THE FINDINGS OF FACT.
UM, HAVE WE LOST COMMUNICATION WITH, HAVE COMMISSIONER CRUZ AND VASQUEZ? CAN YOU GIVE US A THUMBS UP OR THUMBS DOWN? COMMISSIONER CRUZ.
OKAY, SO WE'LL COUNT THAT AS A, UH, 10 TO ZERO WITH ONE ABSTENTION.
AND IT LOOKS LIKE, UH, COMMISSIONER VAZQUEZ HAS HIS HAND UP.
HELLO? CAN YOU HEAR ME? WE CAN HEAR YOU.
CAN YOU HEAR US? UH, YEAH, I I'M GONNA HAVE TO ABSTAIN BECAUSE, UH, UH, I CAN, I CAN HEAR YOU GUYS, I CAN SEE YOU AND YOU CAN HEAR ME, BUT, UH, THAT'S THE EXTENT OF IT.
SO, SO I THINK I'M GOOD TO GO.
RIGHT? CAN YOU TURN YOUR CAMERA ON? WELL, YOU KNOW, UH, MY, MY CAMERA GOES, SHOULD BE GOING ON, UH, AUTOMATICALLY, BUT CAN YOU TELL ME WHERE I'M, I'M ON MY LAPTOP.
WHAT, WHAT, WHAT DO I DO TO TURN IT ON? 'CAUSE IT'S ALWAYS WORKED.
YOU MIGHT HAVE A FLAP CLOSED ON THE LENS.
IT SHOULD BE A START VIDEO ON THE BOTTOM.
IT SAYS, UH, UH, THE BOTTOM IS TELLING ME, UH, STOP VIDEO A CHOICE.
COMMISSIONER VASQUEZ, DO YOU HAVE A, OKAY, I I DO YOU HAVE A SMALL LITTLE, UH, UH, FLAP THAT GOES OVER YOUR, YOUR LENS ON YOUR LAPTOP? NO.
MY, UH, YOU KNOW, THIS IS, UM, I'VE NEVER HAD THIS TROUBLE, UH, AND I'VE PARTICIPATED.
CAN YOU, SO WHAT ELSE CAN I DO? CAN YOU STOP VIDEO AND THEN START IT BACK UP AGAIN? SEE IF THAT WORKS? YEAH.
UH, IT'S TELLING ME THAT THE MURAL, SELF MURAL, SELF VIEW, I DUNNO WHAT THAT IS, BUT, BUT THAT'S ON.
AND THE CAMERA, IT'S TELLING ME IT'S INTEGRATED WEBCAM.
WELL, WE'RE GONNA, THERE'S NO CAMERA.
WE'RE COMMISSIONER VASQUEZ, YOU SUPPOSED MY CAMERA DIED.
WE'RE GONNA HAVE SOMEONE FROM IT GIVE YOU A CALL AND WE'LL TRY TO GET THIS WORKED OUT, BUT AT THE MOMENT WE ARE, WE'RE GONNA COUNT THIS AS A 10 TO ZERO WITH ONE ABSTENTION AND WE'LL MOVE ON TO ITEM NUMBER.
AND YOU, I CAN PARTICIPATE, ALTHOUGH YOU CAN'T SEE ME, RIGHT? WELL, WE, UH, YOU HAVE TO BE ABLE TO SEE ME.
YEAH, LET'S HAVE A, LET'S HAVE A IT CALL ME.
YES, THAT'S, UH, SIR, YOUR, YOUR ITEM DID PASS, SO, OKAY.
I DIDN'T KNOW IF YOU, A LOT OF PEOPLE DON'T LIKE TO HANG OUT HERE, BUT, OKAY.
ITEM NUMBER ONE IS BO OA DASH 24 DASH 1 0 3 0 0 1 7 7.
THE ADDRESS IS 8 2 7 DENVER DENVER BOULEVARD IN CITY COUNCIL DISTRICT TWO.
THE APPLICANT IS JEREMY GRIMSON.
AND THE REQUEST, THE REQUEST IS FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO ON THE BLOCK FACE.
AND THE CURRENT ZONING IS RM FOUR FOR RESIDENTIAL MIXED DISTRICT.
AGAIN, THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO, UH, PER SECTION 35 DASH 37 4, UH, 0.01 TYPE TWO STR SHALL BE LIMITED TO NO MORE THAN ONE EIGHTH OF THE TOTAL NUMBER OF SINGLE FAMILY DUPLEX, TRIPLEX, OR QUADPLEX UNITS ON THE BLOCK PHASE.
AND THIS IS THE TYPE TWO DENSITY COUNT.
THERE ARE 10 UNITS ON THIS BLOCK PHASE.
UH, ONE ACTIVE STR TYPE TWO IS CURRENTLY ON THE BLOCK PHASE BEING AT 8 1 1 DENVER BOULEVARD, WHICH WAS ISSUED BACK IN DECEMBER OF 2023.
THE BLOCK PHASE IS CURRENTLY AT 10%,
[00:20:01]
AND IF THE SECOND TYPE TWO IS APPROVED, THE BLOCK PHASE WILL BE AT 20%, WHICH EXCEEDS THAT 12.5% DENSITY.AND THERE ARE NO CODE VIOLATIONS OR INVESTIGATIONS AS WELL AS NO ACTIVE LISTINGS FOUND FOR THIS SUBJECT PROPERTY.
AND THIS IS THE SITE PLAN AND THE SUBJECT PROPERTY AND 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 MOUNT OUT 28 NOTICES WE RECEIVE ZERO IN FAVOR, ZERO IN OPPOSITION, AND DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION IS IN FAVOR.
AND THIS CONCLUDES STAFF'S PRESENTATION.
AND THE APPLICANT IS PRESENT ON THE, UH, ORIGINAL ON THE, UH, TYPE ONE THAT'S CURRENTLY THERE.
UH, WHEN DOES THEIR PERMIT EXPIRE? UH, BECAUSE SOMETIMES WE HEAR THESE AND THEY'RE RIGHT ON THE CUSP OR, OR A FEW DAYS AFTER THEIR EXPIRATION.
ARE THEY WITHIN THEIR THREE YEARS PRETTY SOLIDLY OR AFTER OR WHAT? YES.
SO, UH, THE ONE AT 8 1 1 IS A TYPE TWO, AND THAT WAS ISSUED IN DECEMBER OF 2023.
SO IT WOULD EXPIRE DECEMBER OF 2026.
ALL RIGHT, LET'S HAVE THE APPLICANT COME FORWARD.
STATE YOUR NAME, TELL US ABOUT YOUR, UH, CASE.
UH, SO THIS IS A CONTINUATION.
THIS IS IN REGARDS TO, UM, THE ACTIVE SHORT-TERM RENTAL PERMIT.
UM, WHERE THE ONE AT EIGHT 11, UH, DENVER BOULEVARD RECEIVED THE PERMIT, HASN'T BEEN USING IT FOR OVER A YEAR, WAS DELINQUENT ON HIS HOTEL OCCUPANCY TAXES.
SO WE HAD DELAYED THE DECISION OF MY CASE TO, UM, INVESTIGATE I GUESS THE HOTEL OCCUPANCY TAXES FOR THAT OWNER.
UM, SO I'M BACK HERE TO, UH, ANSWER ANY FOLLOW UP QUESTIONS.
HAPPY TO REFRESH, UM, IF THERE'S ANY QUESTIONS, BUT, UM, LIKE I SAID, I MET WITH THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION.
UM, AND THEN, UH, IT'S LIKE I SAID, THE, UH, EIGHT 11 DENVER BOULEVARD OBTAINED THEIR PERMIT IN DECEMBER OF 2023.
TRIED TO SELL THE PROPERTY TWICE, HAS NEVER LISTED IT AS A SHORT-TERM RENTAL.
HAS LONG-TERM TENANTS IN THERE RIGHT NOW, UH, WITH LEASES UNTIL, I BELIEVE AT LEAST JULY.
UM, AND I DON'T KNOW IF IT CAME THIS WAY OR IF THEY RECENTLY DID IT, BUT IT'S ALSO A DUPLEX, SO I'M ASSUMING ONLY ONE COULD BE FILLED AND THEN THE OTHER WOULD HAVE TO REMAIN A, UM, LONG-TERM RENTAL.
AND FOR THOSE WHO WERE, WERE SEATED WHEN THIS WAS BROUGHT BACK IN OCTOBER, UH, WHAT HAD HAPPENED WAS THERE WAS A THREE TO FOUR MONTH PROCESS, UH, FOR THE HOT TAX TO GO THROUGH ON THE EXISTING SITE, BUT WE COULD ONLY DO A CONTINUANCE FOR UP TO 60 DAYS.
SO, UM, STAFF, WAS THERE ANY, ANY CHANGE OR NEWS RELATED TO THE EIGHT 11 REGARDING THEIR HOT TAX? YEAH, THEY'RE CURRENT ON THEIR HOT TAXES TODAY.
SO THAT ANSWERS THAT QUESTION.
UM, IS THERE ANYONE SIGNED TO SPEAK? NO PUBLIC COMMENT.
UH, IS THERE ANY COMMISSIONER QUESTIONS? NO QUESTIONS.
ANYTHING YOU'D LIKE TO ADD BEFORE WE SEE HOW THIS TURNS OUT? UM, NO.
LIKE I SAID, I'D HAPPY TO RECAP.
I THINK MOST WERE HERE FOR IT.
MR. YES, COMMISSIONER, I'D LIKE JUST TO SEE, I KNOW YOU SPENT A CONSIDERABLE AMOUNT OF INVESTMENT ON THE, UM, THE BUILDING ITSELF AS, AS KIND OF A, UM, A PLACE FOR VISITORS TO COME AND, AND YOU DID A TREMENDOUS AMOUNT OF WORK ON THE INSIDE TO KIND OF CATER CORRECT? OR IS FOR THE TOURISTS FOR THE PROJECT.
UM, I'D LIKE FOR THE, FOR THE BOARD JUST TO SEE, JUST IF YOU, DO YOU HAVE PICTURES OF IT, UH, AGAIN OR THAT WE COULD KIND OF RUN THROUGH? UH, ARE YOU ABLE TO PULL THAT UP? I JUST THINK IT'S IMPORTANT AS THE BANK, UH, THE BOARD KIND OF CONSIDERS, UM, THE CASE THAT WE SEE THE PICTURES AND THE INVESTMENTS THAT YOU'VE MADE IN THE PROPERTY.
UH, I CAN SEND IT UNLESS YOU HAVE IT.
HOW MUCH HAVE YOU INVESTED IN THE PROPERTY SINCE ACQUIRING IT? UM, FURNISHINGS WERE ABOUT 45,000 IMPROVEMENTS.
AND THAT, SO THAT, AND THEN OBVIOUSLY THE COST TO BUY THE HOUSE AND, AND WHILE WAS DOING THAT, THE STAFF, I HAD A QUICK QUESTION.
SO WHEN YOU SAY THEY'RE CURRENT, THEY, SO THEY'VE BEEN REPORTING ZERO INCOME EVERY MONTH, WE GET ZERO REPORTING, UM, ON, ON THE PROPERTY? YES, THAT'S CORRECT.
YEAH, THIS, AND I, AND I THINK THE OTHER ISSUE WAS IS BECAUSE THEY'RE, IF THEY'RE ENGAGED IN LIKE A YEAR LONG LEASE, UH, TO, OR RENTAL TO SOMEBODY, THEN THEY'RE NOT USING IT AS A SHORT TERM.
SO THERE WOULD ALWAYS, THERE'S, THERE'S THIS SHORT OVERLAP THAT IF WE WERE TO GRANT THIS TODAY.
IS THERE ANY OTHER QUESTIONS? MANANA, COMMISSIONER MANANA? SO, UM, SO YOU DID REACH OUT TO THE NEIGHBORHOOD ASSOCIATION, WHICH IS GREAT.
UM, DO YOU KNOW WHAT THEIR POSITION WAS BEFORE, UM, FOR THIS CASE?
[00:25:02]
UH, I THINK THIS, THAT WAS THEIR ORIGINAL DECISION.IT WAS THEIR UNANIMOUS SUPPORT.
I HAD REACHED OUT TO THEM AND, UH, PRESENTED IN SEPTEMBER, UH, A WEEK BEFORE COMING TO MY, UH, INITIAL HEARING.
SO ANOTHER QUESTION FOR STAFF.
SO YES, COMMISSION, JUST TO CLARIFY.
SO ASSUMING THIS LONG-TERM RENTAL PROPERTY THAT DOES HAVE THE SHORT-TERM RENTAL IS, IS, LET'S SAY WE, WE DO NOT INCLUDE IT IN THE BLOCK FAITH PERCENTAGE WOULD GRANTING THIS, UM, SHORT-TERM RENTAL VARIANCE STILL COMPLY WITHIN THE SHORT-TERM RENTAL ORDINANCE? SOMEBODY ANSWER.
SO EVERY BLOCK FACE IS ALWAYS ALLOWED AT LEAST ONE.
SO IF YOU WERE TO NEGATE THE PRESENCE OF THE OTHER, EVERY BLOCK FACE IS ALLOWED TO HAVE ONE.
SO THIS WOULD THEN COMPLY WITH THE RENTAL? YES.
SO WITH THAT, I'M LOOKING FOR A MOTION.
WELL WE DID WE SEE THE PICTURES OF THE INSIDE, THE, OH, IT LOOKS LIKE HE'S GOT IT.
UH, AND I GUESS ONE OTHER THING, I KNOW ONE OF THE QUESTIONS LAST TIME WAS WHY DON'T I JUST RUN IT OUT LONG TERM? UM, SO I HAVE BEEN PURSUING THAT JUST WHILE TRYING TO FIGURE THIS OUT.
UH, I DO HAVE A TENANT IN THERE FOR 45 DAYS, UM, AND JUST TESTING THE MARKET, I CAN NOW SAFELY ASSUME THAT WHAT I'M GETTING IN RENT IS STILL WELL BELOW, UH, MY MONTHLY COSTS.
SO I AM, AM TRYING TO EXPLORE ALL ALTERNATIVES.
UH, MR. CHAIR, TO CLARIFY, AT THE LAST VOA HEARING, THERE WAS NOT A RESPONSE FROM THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION, SO THEY DID RESPOND IN FAVOR AT THIS TIME.
SO SINCE OCTOBER 7TH, UH, THAT'S WHEN YOU GOT YOUR APPROVAL LETTER, SO YEAH, CORRECT.
UH, THEY DID HAVE IT IN, EXCUSE ME, THEY SENT IT BEFORE MY FIRST PERIOD.
YEAH, IT WASN'T ENTERED INTO THE, OH, I GOTCHA.
THAT'S NEW INFORMATION FOR US.
SO IF THERE'S NOTHING ELSE, I'LL ENTERTAIN A MOTION.
MANA COMMISSIONER MANNA REGARDING CASE NUMBER BO A 2 4 1 0 3 0 0 1 7 7:00 AM MOVE AT THE BOARD ADJUSTMENT GRANT, A SPECIAL EXCEPTION TO ALLOW A, UM, ONE TYPE TWO SHORT-TERM RENTAL UNIT SITUATED AT 8 2 7 DENVER BOULEVARD, APPLICANT B JEREMY CHRISTIAN.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACT OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT, THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN A NECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, UH, A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY.
THE BOARD FINDS THAT THE REQUEST TO OPERATE AN ADDITIONAL SHORT-TERM RENTAL IS UNLIKELY DUE TO MATERIAL MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY OR WELFARE.
THERE IS NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY.
B, THE SPECIAL EXCEPTION DOES NOT CREATE A SPEC, A PUBLIC NUISANCE.
THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE A PUBLIC NUISANCE WOULD BE CREATED IF AN ADDITIONAL SHORT TERM RENTAL PERMIT WAS APPROVED.
C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY PRO SUCH PROPOSED USE.
THE NEIGHBOR PROPERTIES CONSISTS OF SINGLE FAMILY STRUCTURES.
THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WILL SUBSTANTIALLY INJURE NEIGHBORING PROPERTY AS A TYPE TWO SHORT-TERM RENTAL.
D, ADEQUATE UTILITIES, ACCESS, ROADS, STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACILITIES HAVE BEEN OR ARE BEING PROVIDED.
THE SUBJECT PROPERTY PROVIDES ALL STREET PARKING APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN E THE APPLICANT OR OWNER OF THE SPECIAL EXCEPTION DOES NOT HAVE ANY PREVIOUS REVOKED SHORT TERM RENTAL LICENSES, CONFIRMS CITATIONS OR ADJUDICATED OFFENSES.
CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE, UH, 22 OF THE CITY CODE WITHIN ONE YEAR.
PRIOR TO THE DATE OF THE APPLICATION, THE APPLICANT DOES NOT HAVE ANY HISTORY OF REVOCATION, CITATIONS, OR CONVICTIONS FOR VIOLATIONS OF CHAPTER SIXTEENS FOR THE SUBJECT PROPERTY OR OTHER PROPERTIES.
F THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO OTHER RESIDENTIALS WITH THIS PROPERTY OWNER PROVIDING OFF STREET PARKING, MAINTAINING IT FROM THE NEIGHBORING PROPERTY.
THE SPECIAL EXCEPTION DOES NOT APPEAR TO THE ALTER ESSENTIAL CHARACTER DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION AND OF MOTION.
SECOND, SECOND BY COMMISSIONER UNIT COMMISSIONER MANNA.
SO LOOKING AROUND THIS PROPERTY, YO, I, I NORMALLY WOULD NOT BE SUPPORTING THIS JUST SIMPLY 'CAUSE OF DENSITY, HOWEVER, YOU KNOW, I THINK WITH THE DIALOGUE WITH REGARDS TO THE, UH, THE EXISTING, UM, SHORT-TERM RENTAL ON THE BLOCK AND HOW IT'S BEING USED, HOW IT'S BEING USED, AS WELL AS DENVER HEIGHTS, UM, UM, VOTING IN FAVOR OF IT.
DENVER HEIGHTS DOESN'T NORMALLY DO THIS, AND SO BECAUSE THEY ARE IN FAVOR, I'LL BE VOTING, UH, ALONG WITH THE NEIGHBORHOOD ASSOCIATION.
YOU'RE RIGHT, I'M GONNA BE SUPPORTING THE MOTION AS WELL.
UM, I GAINED CON YOU KNOW, CONSIDERING THE, UM, NEIGHBORHOOD ASSOCIATION SUPPORT OF IT, UM,
[00:30:01]
THE INVESTMENT THAT YOU'VE MADE IN THE PROPERTY, THE LIKELIHOOD OF THIS OTHER PROPERTY THAT HAS A SHORT-TERM RENTAL IS NOT GONNA BE U USED AS A SHORT-TERM RENTAL OPPORTUNITY FOR THE CITY TO COLLECT HOT TAXES.UM, UH, WHICH WE'RE NOT GETTING FROM THE OTHER RENTAL.
UH, I THINK IT'S A WIN FOR THE COMMUNITY IN A, IN A WIN FOR, UH, YOU KNOW, THE CITY.
ANY OTHER COMMISSIONERS LIKE TO ADD STEVENS COMMISSIONER STEVENS? UH, I, I WILL NOT BE IN SUPPORT OF THIS JUST BECAUSE I DON'T THINK IT'S OUR OBLIGATION TO POLICE HOW PEOPLE ARE TAKING ADVANTAGE OF THAT PERMIT, WHETHER THEY'RE UTILIZING IT OR, OR NOT.
UM, SO I'M JUST GONNA TAKE THIS AS FACE VALUE OF AN ADDITIONAL STR THAT IS ALLOWED PER THE UDC.
ALRIGHT, ANYONE ELSE? COMMISSIONER DEAN, I WON'T BE IN FAVOR OF THIS AS WELL BECAUSE I THINK YOU WILL HAVE OPPORTUNITY, UH, WHEN THAT PERMIT DOES, UH, BECOME AVAILABLE ON THE BLOCK FACE AND, UH, I SUPPORT THE, THE DENSITY, UM, IN MAINTAINING THAT.
ANYONE ELSE? UH, I'M GONNA CLOSE WITH, I'LL BE IN SUPPORT OF THIS, UH, FOR TWO REASONS.
NUMBER ONE, I, I'M, YOU KNOW, IT'S ONE THING TO, TO SECURE A RENTAL WHILE YOU'RE GETTING IT READY.
THERE'S ANOTHER THING JUST NOT TO USE IT AT ALL, UH, WHEN SOMEONE ELSE WANTS TO.
UH, SO I I FOR THAT, I'M GONNA DO IT.
AND THE OTHER THING IS, EVERY TIME WE HEAR THESE, THEY'RE SHORT TERM ANYWAY.
HE HAS TO COME BACK IN THREE YEARS.
HE, AND, AND IF THE OTHER PERSON DOESN'T DO IT, THEN HE CAN TAKE THAT PRIME SLOT.
SO FOR THIS PARTICULAR ONE, JUST BECAUSE THE OTHER PERSON ISN'T USING IT, AND BECAUSE THIS IS A SHORT TERM GRANT, IF APPROVED, I'LL BE IN SUPPORT.
COMMISSIONER VAZQUEZ, CAN YOU HEAR US? YES, SIR.
UH, IF YOU CAN JUST GO BACK ON STANDBY.
UM, LOOKS LIKE WE'RE GOOD NOW.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER UNA? YES, I CONCUR.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? NO, I DO NOT CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER DEAN? I DO NOT CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER BENAVIDEZ? YES, I CONCUR.
I CAN GO TO THE FINDINGS OF FACT.
UM, FOR THE, IS MOTION TO MOVE ON? NO.
UH, COMMISSIONER VASQUEZ, ARE YOU SECOND? IS THERE A REASON TO ABSTAIN? OH, WELL, BECAUSE, UH, I I WOULD, I DID NOT HEAR ANY OF THE TESTIMONY.
I WAS STILL, UH, OFFLINE AND ALTOGETHER MR. CHAIR, AS A COURTESY TO THE APPLICANT WE'RE MOTION TO MOVE ON MR. CHAIR AS A COURTESY TO THE APPLICANT.
I MEAN, WE SHOULD, WE WERE NOT, THERE'S A POINT OF ORDER TO MOVE ON THERE.
POINT OF I AM, I I DO NOT AGREE WITH THE, IS THERE A, IS THERE A FORMAL, UH, FORMAL MOTION TO, IS THERE A SECOND TO THE FORMAL POINT OF MORTAR? OKAY, THEN, THEN THE CHAIR'S DECISION STANDS.
THAT WAS COMMISSIONER BUNIA LISTENING THE WHOLE TIME.
WELL, THE THING IS THAT WE'RE SEATED WITH 11 PEOPLE AND SO IF, IF IF ONE OF THE PERSONS IS, IS HAVING A TECHNICAL ISSUE, THEN THAT'S NOT FAIR TO THE APPLE.
YEAH, BUT YOU'RE CHANGING THE SEATS ON WHO HEARD WHAT AND THIS THAT WE, HI, THIS IS JOSEPH ARNEY ATTORNEY'S OFFICE.
WE, WE NEED TO, WAS COMMISSIONER BONNI, UH, AVAILABLE THROUGHOUT THE PRESENTATION? DID HE, BECAUSE HE JUST LOGGED OFF AT THE RIGHT BEFORE THE VOTE.
WE'RE GONNA CALL THE COMMISSIONER.
SO WE HAVE, IS COMMISSIONER VASQUEZ SEATED OR NOT? IS HE, IF HE'S GONNA ABSTAIN EVERY TIME BECAUSE HE'S NOT HEARING STUFF, THEN HE'S, NO, NO, NO, I'M, I'M FULLY AVAILABLE NOW AND, AND WHAT, WHAT I WAS HAVING, I WAS HAVING A BIG TECHNICAL
[00:35:01]
ISSUE, BUT, BUT, UH, I, I, UH, CAME ON BOARD AT THE POINT THAT, UH, THAT YOU ALL WERE VOTING.SO, SO I BELIEVE THAT SINCE I DIDN'T HEAR ANY OF THE, OF THE, OF THE TESTIMONY, UH, I THINK I HAVE TO ABSTAIN.
WELL THEN THE CASE IS STILL OPEN.
I THINK THE STAFF CAN, UH, OKAY, HERE'S WHAT WE'RE GONNA DO.
I REALLY DON'T, I, I'M NOT A FAN OF OF OF, OF HOW THIS PART LAID OFF.
I DON'T MIND HEARING A BRIEF PRESENTATION AND HAVING THE APPLICANT SAY SOMETHING AGAIN.
FOR THE BENEFIT OF FI VASQUEZ, THE CHAIR CAN ABSOLUTELY CALL FOR THE PRESENTATION TO BE MADE AGAIN.
COMMISSIONER VASQUEZ, WE'RE, UM, THIS IS HOW WE'RE GOING TO PLEASE BEAR WITH US.
A THERE WAS NO FORMAL MOTION FOR THAT.
YEAH, YOU, THERE WAS A POINT OF ORDER.
THERE WASN'T A SECOND TO THE POINT OF ORDER.
SO THE CHAIR'S DECISION STANDS UNLESS SOMEONE ELSE MOVES IT TO A VOTE OF THE COMMISSION.
THAT'S HOW THE WELL I MOVE THAT TO BE A VOTE.
IT HAS TO BE SECONDED HEARING.
NO SECOND, PLEASE BEGIN THE PRESENTATION.
UH, MY NAME IS JEREMY GROOMSMAN.
UH, I WAS HERE A FEW MONTHS AGO TO, UH, PRESENT MY CASE FOR AN ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT.
UH, IF YOU RECALL, THIS IS THE CASE WHERE, UH, THE EXISTING SHORT-TERM RENTAL PERMIT AT EIGHT 11 DENVER BOULEVARD, UH, OBTAINED THE PERMIT IN DECEMBER OF 2023.
HAS SINCE THEN TRIED TO SELL THE HOME TWICE AND HAS NEVER E LISTED IT AS A SHORT-TERM RENTAL AND ACTUALLY HAS LONG-TERM TENANTS, UH, IN THE PROPERTY RIGHT NOW.
SO FOR THE FORESEEABLE FUTURE, HAS NO PLANS TO EVER USE IT AS A SHORT-TERM RENTAL.
LIKE I SAID, HERE WE ARE ONE YEAR LATER, UH, WITH NO INTENT.
UH, THEY WERE DELINQUENT ON THEIR HOTEL OCCUPANCY TAXES BY EIGHT OR NINE MONTHS, UH, WHICH IS WHAT DELAYED THE FINAL DECISION FOR ANOTHER 60 DAYS.
UM, AND SINCE THEN, UM, BEEN EXPLORING DIFFERENT OPTIONS TO RENT IT OUT AS A LONG-TERM RENTAL.
UM, I DO HAVE TENANTS IN FOR 45 DAYS AND EXPLAINED THAT, UH, WITH TESTING THE MARKET, I AM WELL BELOW, UH, WHAT THE OPERATING COSTS ARE.
UM, AND, UH, THEY HAD SOME PICTURES UP ON THE BOARD TOO.
I DON'T KNOW IF YOU'RE ABLE TO SEE THOSE JUST OF THE DESIGN OR IF YOU RECALL FROM THE PRESENTATION, BUT HOPEFULLY THIS SHOWS THE AMOUNT OF TIME INVESTMENT I PUT INTO, UH, THE PROPERTY TO MAKE IT, UH, A GOOD EXPERIENCE FOR FAMILIES VISITING SAN ANTONIO.
UH, LIKE I SAID, THIS IS NEVER MEANT TO BE A PARTY HOUSE.
UM, I MET WITH THE, UM, DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION.
UH, I GOT THEIR UNANIMOUS VOTE, UM, AND, UH, FULLY HAVE THEIR SUPPORT TALK TO ALL MY NEIGHBORS, UH, AND HAVE THEIR SUPPORT AS WELL.
AND IF THERE'S ANY QUESTIONS, I'D BE HAPPY TO ANSWER.
I I BELIEVE THAT I'VE HEARD ENOUGH.
AND, AND I AM READY, UH, TO, UM, UH, GIVE YOU MY VOTE.
HEY, THERE WAS, THERE WAS NO MOTION FOR REDO.
THIS IS, THIS IS PICKING WINNERS AND LOSERS.
SO THE WAY THIS WORKS IS ANY MEMBER OF THIS COMMISSION CAN CALL FOR A POINT OF ORDER THE CHAIR RULES ON THE POINT OF ORDER.
IT TAKES TWO COMMISSIONERS TO PUSH A VOTE ON A POINT OF ORDER.
I HAD NOT CALLED THE RESULTS OF THE VOTE.
IS THAT TRUE? THE RESULT OF THE VOTE, THE VOTE WAS CAST WELL, SPECIFICALLY BECAUSE OF THE ABSTENTION AND THE CIRCUMSTANCES WITH THE TECH TECHNICAL DIFFICULTY, THE CHAIR HAS, HAS THE AUTHORITY TO BASICALLY INFORM THE, THE, THE CHAIR PER THE, BECAUSE OF THE TECHNICAL DIFFICULTIES TO INFORM THE BOARD MEMBER TO NOW, UM, BASICALLY BE ABLE TO MAKE A DECISION.
THIS, THIS WAS, THIS WAS DONE OVER TWICE.
I, I BELIEVE THAT WE FOLLOW THE APPROPRIATE PROCEDURE.
ITEM NUMBER TWO IS BO OA DASH 24 DASH 1 0 3 0 0 2 21.
ADDRESS IS 3 3 5 EAST PARK AVENUE IN CITY COUNCIL DISTRICT ONE.
THE APPLICANT IS KAY GRIFFIN AND FAIRMONT.
AND THE REQUEST IS FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO IN THE BLOCK PHASE.
AND THE CURRENT ZONING IS R SIX FOR RESIDENTIAL SINGLE FAMILY, AGAIN, THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW AN ADDITIONAL TYPE TWO, UM, PER SECTION 35
[00:40:01]
DASH 3 7 4 0.01.TYPE TWO STR SHALL BE LIMITED TO NO MORE THAN ONE EIGHTH OR 12.5% OF THE TOTAL NUMBER OF SINGLE FAMILY DUPLEX, TRIPLEX, OR QUADPLEX UNITS ON THE BLOCK PHASE.
AND THIS IS THE TYPE TWO DENSITY COUNT.
SO THERE ARE CURRENTLY 33 UNITS ON THIS BLOCK PHASE.
UM, FIVE ACTIVE TYPE TWO PERMITS ARE CURRENTLY ON THE BLOCK PHASE BEING AT 3 2 5 EAST PARK AVENUE AND UNITS ONE THROUGH FOUR FOR 3 2 7 EAST PARK AVENUE.
SO, UH, CURRENTLY THE BLOCK PHASE IS AT 15.1% AND IF THIS ADDITIONAL TYPE TWO IS APPROVED, THE BLOCK PHASE WILL BE AT 18%, WHICH EXCEEDS THAT 12.5% FOR TYPE TWOS.
AND THERE IS NO CODE VIOLATIONS OR INVESTIGATIONS AS WELL AS NO ACTIVE LISTINGS.
AND THIS IS A 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 39 NOTICES WE RECEIVED TWO IN FAVOR TO AN OPPOSITION.
UH, THERE IS NO RESPONSE FROM TOBIN HILL, UH, OR THE SAN ANTONIO, TEXAS DISTRICT ONE RESIDENT ASSOCIATION.
AND THAT CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT AND HE WOULD LIKE TO REQUEST A CONTINUANCE APPLICANT.
SO WE'RE A FULLY SEATED BOARD WITH 11 PEOPLE.
IS THERE A REASON FOR THAT? YOU NEED A CONTINUANCE? YES.
UM, UH, MY NAME IS NUITY DEAN KALALA WITH KILLING GRIFFIN IN FAIRMONT 1 0 1 0 1, UH, REUNION PLACE.
UM, THE REASON FOR OUR REQUEST, UH, FOR THE CONTINUANCE IS THAT HRDC, UH, OR HDRC, I'M SORRY.
WE'LL BE HEARING, UH, HISTORIC CERTIFICATION OF THIS PROPERTY ON WEDNESDAY.
AND SO WE, AND THAT'S PART OF, PART OF THE BASIS OF OUR REQUEST, IS THE HISTORIC VALUE THAT THIS PROPERTY BRINGS TO THE, TO THE COMMUNITY.
UM, AND WE'D LIKE TO HAVE THEIR, THEIR FINDINGS, UM, PRIOR TO YOUR CONSIDERATION OF, OF THE SPECIAL EXCEPTION REQUEST AND, UM, TIMING, UH, THIS COMING WEDNESDAY.
NEXT, UH, MEETING IS DECEMBER 16TH.
AND SO WE'D LIKE TO REQUEST A CONTINUANCE FOR, FOR THAT DATE TILL DECEMBER 16TH.
UH, IF THERE'S A COMMISSIONER WHO, IS THERE ANYONE SIGNING TO SPEAK ON THIS ISSUE? IT'S NO PUBLIC COMMENT.
IS THERE A COMMISSIONER YOU'D LIKE TO MAKE A CON A CONTINUANCE MOTION.
BUT I'D ALSO ASK THE APPLICANT IF, IF THERE WAS A POSSIBLE WAY TO GET ANY RESPONSE FROM THE TOBIN HILL COMMUNITY NEIGHBORHOOD ASSOCIATION AS WELL.
I THINK THAT'LL GO A LONG WAY WITH THE BOARD IN SUPPORT OF THE REQUEST.
MOTION FOR CONTINUANCE TO DECEMBER 16TH? NO.
WAS THAT COMMISSIONER CRUZ? YES.
I'LL GIVE THAT TO COMMISSIONER.
SIR, I WAS JUST, I WAS JUST SECONDING THE MOTION, BUT I THINK SOMEBODY BEAT ME TO IT.
ANY OPPOSED? AYE WE HAVE A ABS.
10 TO ZERO WITH ONE ABSTENTION.
SEE HOW THAT WORKED? ABSTENTION.
MY NAME IS JUAN ALVAREZ, PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER THREE IS REQUESTED BY UCH TO GURU AND IS REQUESTING FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE.
THE SUBJECT PROPERTY IS LOCATED AT 6 0 8 MASON STREET.
SURROUNDING USES INCLUDE RESIDENTIAL, SINGLE FAMILY 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 AND 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'S A TOTAL OF 11 UNITS ON THE BLOCK FACE.
ONE ACTIVE STR TYPE TWO IS CURRENTLY ACTIVE BEING SIX 10 MASON STREET ISSUED ON AUGUST 14TH, 2024.
THE BLOCK FACE IS CURRENTLY AT 9% AND IF A SECOND TYPE TWO IS APPROVED, THE BLOCK FACE WILL BE AT 18%.
THIS EXCEEDS THE 12.5 DENSITY LIMITATION FOR TYPE TWO ST.
THE PROPERTY HAS NO CODE ENFORCEMENT HISTORY OR ACTIVE LISTINGS.
[00:45:01]
THIS IS THE SITE PLAN OF THE PROPERTY SUBMITTED AT THE TIME OF THE APPLICATION.AND THIS IS THE SUBJECT PROPERTY.
AND THE NEXT FEW SLIDES ARE THE NEIGHBORING PROPERTIES AND SURROUNDING AREAS.
STAFF RECOMMENDS DENIAL OF THE APPLICANT'S REQUEST FOR A SPECIAL EXCEPTION AND THERE WERE A TOTAL OF 36 MAIL NOTICES.
ZERO IN FAVOR, ZERO IN ONE IN OPPOSITION, AND ONE IN OPPOSITION OUTSIDE OF THE 200 FEET NOTIFICATION AREA.
NO RESPONSE FROM THE GOVERNMENT HILL NEIGHBORHOOD ASSOCIATION AND NO RESPONSE FROM THE COMMUNITY ORGANIZATIONS.
OKAY, THIS CONCLUDES THAT PRESENTATION.
APPLICANT IS HERE TO ANSWER ANY QUESTIONS.
WELL, I HAVE A QUESTION FOR STAFF.
UH, AUGUST 14TH IS THE OTHER ONE WAS GRANTED.
UH, WHEN THIS APPLICANT APPLIES, DO, DOES STAFF NORMALLY INFORM THEM THAT THERE'S ALREADY ONE ON FILE OR WAS IT TOO SOON FOR THEM TO KNOW? UM, IT'S TOO SOON.
IT'S TOO SOON FOR THEM TO NOTIFY THE, UH, FUTURE APPLICANT.
SO THIS APPLICATION CAME IN BEFORE AUGUST 14TH? NO, IT CAME IN AFTER, AFTER THIS ONE WAS ALREADY APPROVED.
UH, UM, WHAT I'M GETTING TO IS, IS IT POSSIBLE FOR AN APPLICANT TO GET ON COSA ONE STOP TO SEE PRETTY QUICKLY AFTER THE OTHER PERMIT WAS ISSUED THAT THERE, THERE IS ALREADY ONE ON THE BLOCK FACE, UH, MR. CHAIR? YES.
24 HOURS AFTER IT'S APPROVED, IT SHOWS UP ON THE MAP.
IS THAT THE APPLICANT? COME FORWARD.
HELLO? HELLO? UH, PLEASE STATE YOUR NAME.
UH, I'M HERE TO, UH, TALK ABOUT THE 6 0 8 MASON STREET, UM, TIMELINE OF EVENTS.
UM, SO TODAY, UH, WHAT I WANT TO TALK ABOUT IS LIKE THE, UM, TIMELINES ON WHEN, UH, BASICALLY IT TALKS ABOUT, UM, THE QUESTION WHICH YOU ASKED PREVIOUSLY.
WHETHER THE APPLICATION I HAD SUBMITTED, UH, CAME IN BEFORE OR AFTER.
LIKE, UH, JUNE 28TH, I APPLIED FOR THE SDR PERMIT AND THE NEXT DAY I, I PAID IN ALL THE FEES AND, UH, SUBMITTED ALL THE DOCUMENTS.
UM, JUNE 25TH, I WAS ASKED FOR THE DEED TO BE CLOSED BECAUSE I CLOSED THE HOUSE ONLY ON LIKE JUNE 6TH, SO ON JULY 2ND.
UM, SO I WAS ADVISED THAT LIKE, UM, ALL THE EXISTING REPERMIT MODELS SHOULD HAVE BEEN, UM, CLOSED AND YOU HAVE LIKE 45 DAYS BEFORE WE COULD CLOSE IT OFF.
SO I DOUBLED DOWN ON ALL THE WORKFORCES, MADE SURE THAT UM, WE ADHERE TO ALL THE CITY CODES AND PERMITS AND WE PASSED, UH, EVENTUALLY AND JULY 22ND.
UH, MY NEIGHBOR, HE'S HERE WITH ME TO SUPPORT IT.
UM, HE APPLIES FOR THE STR PERMIT AND UH, AUGUST 20TH WHEN I CAME TO KNOW THAT, UH, IT'S ALREADY APPROVED, OH, SORRY.
UH, WHEN I CAME TO KNOW THE, UM, THE NEXT HOUSE IS ALREADY APPROVED, I SPOKE TO THE CASE MANAGER, UM, AND THEY HAD SAID LIKE, WE HAVE TO DENY BECAUSE IT'S ALREADY ON THE, UM, THE 12 PERSON RIGHT? SO, AND SEPTEMBER 3RD THE, THE PERMIT WAS OFFICIALLY DENIED.
SO THIS IS THE TIMELINE OF EVENTS, WHAT HAPPENED IN MY CASE STAFF.
CAN YOU SPEAK ABOUT HOW THE 45 DAY, UH, PERMIT THE REMODEL PERMIT ISSUE AFFECTS ALL THESE APPLICATIONS? PLEASE.
YEAH, SO I MEAN, LONG PUT SIMPLY WE CAN'T GRANT AN STR PERMIT TO A STRUCTURE THAT HASN'T COMPLETED AND CLOSED OUT ALL OF ITS INSPECTIONS JUST FOR GENERAL HABITATION.
SO IF IT HASN'T BEEN DEEMED BY THE CITY TO BE FIT TO LIVE IN AS A HOUSE, IT CAN'T BE FIT TO LIVE IN AS A SHORT TERM RENTAL.
SO WHEN THAT HAPPENS, WE PROVIDE, UM, YOU KNOW, 45 DAY WINDOW WHERE THE APPLICANT CAN TRY TO WORK ON THAT.
WHETHER IT'S THAT ISSUE OR ANYTHING ELSE.
UM, SOMETIMES, YOU KNOW, IF THE PROPERTY WAS JUST ACQUIRED, WE DON'T YET HAVE A DEED WITH THEIR NAME ON IT.
THAT'S PART OF WHAT WE NEED AS PART OF THE APPLICATION.
BUT AFTER 45 DAYS, WE DO HAVE TO EITHER WE HAVE TO MAKE A DECISION IF IT'S ELIGIBLE OR NOT, OR WE HAVE TO CLOSE OUT THE RECORD.
SO IN THIS SITUATION, UM, THE RECORD WAS ULTIMATELY DENIED BECAUSE IN THE TIME IT TOOK TO COMPLETE ALL OF THAT ACTIVITY, ANOTHER PROPERTY HAD COME IN AND OBTAINED A PERMIT.
AND THAT DOESN'T INCLUDE MINOR TRADE PERMITS, IT'S LIKE A REMODEL PERMIT WOULD DO IT, BUT IF SOMEONE WAS FIXING A SINK OR SOMETHING, CORRECT? CORRECT.
AND THEN, AND THEN IF SO, IF THIS APPLICANT, IT IN STAFF'S OPINION, WAS IT, WAS THEIR APPLICATION PREMATURE? UH, BECAUSE THEY JUST WEREN'T IN A STATE TO WHERE THERE IT WAS.
YEAH, AND THE, THE BOARD, IF YOU, YOU MAY RECALL ABOUT A YEAR AND A HALF AGO, THE BOARD ENTERTAINED A CASE WHERE, UM, A PROPERTY OWNER HAD PURCHASED A HOME THAT WAS COMPLETELY DILAPIDATED.
THEY WERE SPENDING AN AWFUL LOT OF TIME AND MONEY TO FIX IT UP, BUT THEY HAD APPLIED FOR THE PERMIT WHEN YOU COULD STILL SEE EXPOSED, YOU KNOW, FRAMING
[00:50:01]
LIKE IT WAS NOWHERE NEAR READY TO BE USED AS AN SDR.IS THERE ANY COMMISSIONER QUESTIONS? RIGHT.
AND JUST TO FURTHER, I I RECALL STAFF THAT WE ALSO HAD SOME THAT WERE, MIGHT HAVE BEEN ISSUED AN ERROR WHERE IT WAS A VACANT LOT THAT THE SHORT TERM RENTAL WAS, THAT'S CORRECT.
AND, AND THAT DOESN'T HELP ANYBODY.
'CAUSE IT'S NOT A COMMERCIAL USE OF THE PROPERTY.
ANY OTHER QUESTIONS? IS THERE ANY PUBLIC COMMENTARY? YEAH, UM, I HAVE MY NEIGHBOR, WELL HOLD ON A SECOND.
IS ANYONE SIGNED THE SPEAK? THERE'S ONE SPEAKER SIGNED UP.
ALRIGHT, LET'S HAVE HIM COME FORWARD.
MR. DALTON LUCA, SAY YOUR NAME AND ADDRESS AND LET THE BOARD NOW YOUR HEY, HELLO ESTEEM BOARD.
I'M SPEAKING ON BEHALF OF SIX 10 MASON, UH, THE CURRENT OWNER.
AND, UM, YEAH, I JUST WANTED TO THANK EVERYBODY FOR BEING HERE THIS MORNING OR THIS EVENING I GUESS ALREADY.
UM, I'M BASICALLY JUST HERE TO SPEAK IN FAVOR.
UM, I THINK THAT, YOU KNOW, THE GENTLEMAN, MY NEIGHBOR HAS DONE A LOT OF WORK ON THE PROPERTY, UM, IN THE SPIRIT OF SAN ANTONIO AS A WHOLE, YOU KNOW, LIKE WE'RE A TOURIST CITY.
UM, AND I THINK THE FACT THAT WE'RE HOLDING, YOU KNOW, THE REGULATION AROUND SOMEBODY WHO WAS BASICALLY DOING ALL THIS THINKING THAT THEY COULD, THEY PROBABLY CHECKED ALL THE, YOU KNOW, MADE SURE THAT IT, THAT THEY WERE READY BEFORE THEY INVESTED THE MONEY TO DO THIS.
AND THEN HERE THEY GO, UH, THEY JUST GOT CAUGHT BY THE WHOLE RED TAPE AND THE BUREAUCRACY OF THE WHOLE SITUATION.
I UNDERSTAND THE, THE NEED TO LIMIT THE NUMBER OF PEOPLE ON A BLOCK FACE, YOU KNOW, LIKE THERE'S RULES THAT WE HAVE AND THERE'S REASONS, BUT, UM, I DO THINK AN EXEMPTION SHOULD BE MADE JUST FOR THE SIMPLE FACT THAT THE SITUATION OCCURRED WHERE THEY DID ALL THEIR RESEARCH, THEY DID ALL THEIR HOMEWORK, THEY DID EVERYTHING TO MAKE THIS HOUSE BETTER, AND UNFORTUNATELY THEY JUST GOT CAUGHT UP IN IT.
UM, I CAN'T SPEAK ON IT WHETHER THE PERMIT WAS PULLED TOO EARLY.
UM, BUT I CAN SAY THAT IF EACH ONE OF US WERE IN THAT SITUATION AND WE PUT, YOU KNOW, ALL OUR EFFORT INTO MAKING SOMETHING NICE AND WE DID OUR HOMEWORK TO MAKE SURE THAT THERE WAS AN APARTMENT PULLED PRIOR TO US DOING IT, YOU KNOW, IT'S NOT HARD TO TO SYMPATHIZE WITH SOMEBODY LIKE THAT.
AND, UM, YOU KNOW, I'M THE NEIGHBOR AND I THINK THAT, UH, HAVING A, A BEAUTIFUL HOUSE NEXT TO ME MEANS A LOT.
IT'S NOT JUST, YOU KNOW, A SHORT-TERM RENTAL, BUT THE FACT THAT THEY'VE RESTORED A HUNDRED YEAR OLD HOUSE AND MADE IT A MIN CONDITION.
I DON'T KNOW IF THOSE PICTURES DO IT JUSTICE, BUT TRULY, UM, YOU KNOW, THAT'S A FEAT IN AND OF ITSELF AND TO BE ABLE TO SHARE THAT WITH HUNDREDS OF PEOPLE, IF NOT THOUSANDS OVER THE COURSE OF ITS LIFETIME, YOU KNOW, I THINK THAT'S THE SPIRIT OF THE CITY.
ALRIGHT, THANK YOU VERY MUCH COMMISSIONER MANNA.
UM, SO, SO ARE YOU, SO OVER HERE, SO ARE YOU CURRENTLY, SO WHAT WAS THE ADDRESS? SIX 10 MASON.
SO YOU, SO YOU ARE A SHORT TERM RENTAL AS WELL THEN? I AM.
I ALSO LIVE AT 48 47 LY SEE, UH, ON THE NORTHWEST SIDE OF TOWN.
AND I'VE LIVED IN THE CITY MY WHOLE LIFE AND YEAH.
ANY OTHER QUESTIONS? DEAN, COMMISSIONER, DEAN? SO ONE MORE QUESTION, I'LL BE HERE.
OH, I, I'D LOVE TO ANSWER YOUR QUESTION.
SO YOU LIVE IN THE COMMUNITY THERE, WHY WOULD SOMEONE ACROSS THE WAY NOT BE IN SUPPORT? DO YOU THINK THERE'S A REASON OR, UH, 6 0 7, UH, IS A SHORT TERM RENTAL THAT THEMSELVES.
AND WHY WOULD THEY NOT SUPPORT ANOTHER ONE? I, I MEAN WE CAN SIT HERE AND TALK ALL DAY ABOUT THAT, BUT I DON'T THINK WE WANNA WASTE ANYBODY'S TIME BECAUSE UH OKAY.
WE JUST DON'T HAVE TIME FOR THAT, BUT SO THEY, THEY'RE A SHORT TERM RENTAL.
THEY'RE NOT ON THE, ON THE MAP.
I'M NOT GONNA TALK TO THAT, BUT, UM, WELL, STAFF MIGHT BE TALKING TO THAT.
THEY'RE EVERYWHERE, EVEN IF THEY'RE NOT ON THE MAP AND HERE AND HERE'S AN EXAMPLE OF SOMEBODY TRYING TO DO IT RIGHT.
AND I THINK THAT, YOU KNOW, WE SHOULD LOOK TOWARDS THAT AS A, AS A BEACON, RIGHT? RIGHT.
I MEAN THIS IS WHAT WE PROMOTE AND HERE WE ARE.
SO JUST TO BE CLEAR FOR STAFF, IF, IF IF SOMEBODY BUYS A HOUSE AND PULLS A REMODEL PERMIT AND THEY APPLY FOR A SHORT TERM RENTAL BEFORE SOMEONE ELSE IN THE BLOCK FACE, THEY'RE GIVEN 45 DAYS TO FINISH EVERYTHING AND THEY DON'T LOSE THEIR PLACE, WHO WHOEVER IS ELIGIBLE TO OBTAIN THE PERMIT FIRST WILL RECEIVE THE PERMIT, WE WILL NOT PUT A SUBSEQUENT APPLICATION THAT QUALIFIES ON HOLD BECAUSE WE ARE IN RECEIPT OF AN APPLICATION THAT DOES NOT QUALIFY YET.
THAT'S A TOUGH ONE BECAUSE SOME OF THESE PEOPLE SPEND A LOT OF MONEY.
IF A CONSIDERATION COULD BE MADE, UH, YOU KNOW, NOW IS THE TIME BOARD, UM, I JUST FOR THE, FOR THE BOARD, THE PROPERTY ACROSS THE STREET WAS THE SUBJECT OF A CODE ENFORCEMENT CASE THIS MORNING.
I'M SURE YOU'LL BE HEARING ABOUT THAT.
[00:55:01]
UM, IF THERE'S ANY OTHER QUESTIONS FROM THE COMMISSION.THANK YOU ALL FOR COMING ON MONDAY AFTER THANKSGIVING.
ANY OTHER QUESTIONS? UH, HEARING NONE, UH, LOOKING FOR A MOTION, MANNA COMMISSIONER MANNA REGARDING CASE NUMBER BO 8 2 4 1 0 3 0 0 2 2 0.
I MOVED THE BOARD OF ADJUSTMENT GRANT A SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO SHORTTERM RENTAL UNIT SITUATED AT 6 0 8 MASON STREET, APPLICANT BEING MAGE TO G**O BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOWED THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY.
THE BOARD FINDS THAT REQUEST TO OPERATE AN ADDITIONAL SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY OR WELFARE.
THERE IS NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL FOR 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 PERMIT WAS APPROVED.
C THE NEIGHBORING PROPERTY WILL NOT SUBSTANTIALLY INJURE, UM, WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE NEIGHBORING PROPERTIES CONSISTS OF SINGLE FAMILY AND MULTIFAMILY STRUCTURES.
THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WOULD BE SUBSTANTIALLY IN INJURED NEIGHBORING PROPERTY AS A TYPE TWO SHORT-TERM RENTAL D, ADEQUATE UTILITIES, ACCESS, ROADS, STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACILITIES HAVE BEEN, OR RBM PROVIDED THE SUBJECT PROPERTY PROVIDES OFF STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE.
E THE APPLICANT OR OWNER OF THE SPECIAL EXCEPTION DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES.
CONFIRMED CITATIONS OR ADJUDICATED OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE.
UH, WITHIN ONE YEAR OF THE, TO THE DATE OF THIS APPLICATION, THE APPLICANT OR OWNER DOES NOT HAVE, UH, CONFIRMED CITATIONS OR ADJUDICATED OFFENSES OR CONVICTIONS.
F THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS THOUGHT.
UM, THE, UH, SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO OTHER RESIDENTIAL USES WITH THE PROPERTY OWNER PROVIDING A STREET PARKING AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY.
THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE CENTRAL CHARACTER OF DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION END OF MOTION.
COMMISSIONER BERTON AND COMMISSIONER MAN.
SO UNFORTUNATELY I'M NOT GONNA BE ABLE TO SUPPORT THIS FOR A COUPLE OF REASONS.
UM, ONE IS THAT, UM, WITHIN, UH, A QUARTER MILE OF THIS THERE ARE 25 OTHER TYPE TWO RENTALS, UM, THAT ARE UM, I GUESS THAT ARE, YOU KNOW, THAT ARE CURRENTLY UH, UH, APPROVED I GUESS OR IN OPERATION.
UM, ALSO, YOU KNOW, YOU KNOW, I ALWAYS LIKE TO HAVE THE COMMUNITY ENGAGED IN THESE DIALOG DIALOGUES AND UM, SINCE THEY ARE NOT, YOU KNOW, THEY'RE RELYING ON THE BOARD TO KIND OF COMPLY FROM MY PERSPECTIVE, COMPLY WITH REGARDS TO THE CODE AS WRITTEN.
SO I WILL BE NOT IN FAVOR OF THIS COMMISSIONER BARRINGTON, I'M GOING TO SUPPORT THIS.
IF THIS WERE A STRAIGHTFORWARD SECOND SHORT TERM RENTAL, I WOULD BE SKEPTICAL OF IT.
BUT I THINK UNDER THE PECULIAR CIRCUMSTANCES WITH INVOLVING THE TIMING AND, AND THE OTHER ONE, I THINK IT'S A MATTER OF FAIRNESS TO THE APPLICANT, UH, TO APPROVE IT AND THEREFORE I WILL SUPPORT IT.
ANY OTHER COMMISSIONERS LIKE TO ADD DEAN, COMMISSIONER, DEAN, THIS BLOCK IS OUT OF CONTROL WITH STR WE JUST HEARD OF A OF LEGAL ONE RUNNING ACROSS THE STREET WHO'S PLAYING, YOU KNOW, AGAINST THIS ONE AND I DON'T SEE THAT THERE'S A NEED FOR MORE.
UM, AS WE HEARD EARLIER THAT THERE WAS 25 NEARBY, UM, THE DENSITY IS VERY, UM, HIGH WITH THESE AND IT'S OUTTA CONTROL AND WE NEED TO NOT APPROVE IT.
ANY OTHER COMMISSIONERS LIKE TO THAT? HEARING NONE.
I DO NOT CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? YES I DO.
COMMISSIONER STEVENS? NO, I DO NOT.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER DEAN? I DO NOT CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER BENAVIDES? I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER VASQUEZ, I DO NOT CONCUR.
[01:00:01]
CONCUR WITH THIS ONE.SO IF YOU HAVE ANY, UH, FOR THE APPLICANT, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF.
UM, WE'RE GONNA TAKE A FIVE MINUTE BREAK.
ITEM NUMBER FOUR IS BO A DASH 24 DASH 0 3 0 2 1.
ADDRESS BEING 41 50 BARRINGTON STREET COUNCIL, DISTRICT 10 APPLICANT AS FRA BERMUDA.
AND A REQUEST FOR A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOTS.
UH, FRONT SETBACK TO ALLOW AN ATTACHED CARPORT TO BE ONE INCH FROM THE FRONT SETBACK.
SUBJECT PROPERTY IS LOCATED NORTH OF INTERSTATE FOUR 10 WEST OF PAREN BY ROAD AND 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 THE FRONT SETBACK REQUIREMENTS.
ACCORDING TO HISTORICAL VIEWS OF THE PROPERTY, THE CARPORT WAS CONSTRUCTED WITHOUT OBTAINING PERMITS.
SOMETIME 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 AN ATTACHED CARPORT TO REMAIN ONE INCH FROM THE FRONT SETBACK.
PERMITS ARE PENDING THE RESULTS OF THE BOARD OF ADJUSTMENT.
SUBJECT PROPERTY AERIAL VIEW, SUBJECT PROPERTY BABY OVERHANG MEASUREMENT.
WHAT THAT'S A PERFECT IN THE FRONT.
SETBACK MEASUREMENTS AND TOTAL WIDTH AND IN THE SURROUNDING AREA.
STAFF RECOMMENDATION FOR THE FRONT SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO EIGHT DASH TWO FOUR DASH 0 3 2 1 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE REDUCED FRONT SETBACK IN JURORS NEIGHBORING PROPERTIES.
TWO, THE STRUCTURES TOO CLOSE TO THE PROPERTY LINE RESULTING IN OVERCROWDING IN THE FRONT YARD.
AGAINST THE RIGHT, RIGHT OF WAY.
THREE WERE IN FAVOR OUTSIDE OF THE 200 FEET, UH, ZERO IN OPPOSITION.
AND THE SUBJECT PROPERTY IS NOT LOCATED WITHIN A BOUNDARY OF A NEIGHBORHOOD ASSOCIATION.
AND THESE ARE ALL THE ONES THAT ARE IN FAVOR.
SO, UM, SO LOOKING AT THE PHOTO, THE POST IS 10 FOOT, I GUESS THE POSTS ARE 10 FOOT AND THEN YOU HAVE AN OVERHANG.
SO IS IT NOT TWO FEET OVER, UM, INTO THE CITY PROPERTY? LEMME GO BACK TO THE PHOTOS.
MM-HMM,
I, I'M SORRY, THE OVERHANGING STOPS ABOUT WHERE THE PROPERTY LINE STARTS.
SO I SEE A PICTURE WITH 10 FOOT POST OR 10 FOOT AT THE POST.
AND IT LOOKS LIKE AN OVERHANG.
SO IS THAT, AM I JUST NOT SEEING IT CORRECTLY? THAT'S WHERE THE OVERHANG, SO IT'S CONCLUDING THE OVERHANG IS THE ONE INCH.
OKAY, I'M CONFUSED 'CAUSE IT'S PICTURE FROM THE STREET TO THE FRONT POST, I GUESS.
WHAT IS THAT? WHAT IS THAT MEASUREMENT OF? BECAUSE IT SHOWS 10 FOOT THERE TO THE POST AND THERE IS AN OVERHANG.
NOT IT IS THE OVERHANGING IS HAVING TO COME OFF EITHER WAY.
UH, IS THERE ANY OTHER QUESTIONS FOR STAFF? OH, ZUNA, COMMISSIONER ZUNA, HOW WAS THIS CASE ORIGINATED? THIS WAS A CODE ENFORCEMENT.
SO SOME SOMEBODY JUST CALLED IN TO, THAT'S CORRECT.
AND SO MY QUESTION IS, IS THIS CARPORT ATTACHED TO THE HOUSE OR IS IT FREESTANDING? ACCORDING TO THE CODE ENFORCEMENT CASE, IT IS DETACHED.
UM, IT DOESN'T LOOK LIKE IT'S PHYSICALLY
[01:05:01]
ATTACHED TO THE ROOF THOUGH.BECAUSE THAT WOULD CHANGE, UH, THE SETBACKS.
UH, IS, HAVE THE APPLICANT COME FORWARD.
IF YOU COULD STATE YOUR NAME, TELL US ABOUT YOUR CARPORT.
BU AND I'M HERE FOR THE CONTINUITY SO I CAN HAVE THE APPROVAL AND I DON'T NEED TO REMOVE THE PORCH.
UM, ARE, I TALK TO MY NEIGHBORS.
I HAVE 15 SIGNATURES FROM THEM AND EVERYBODY IS AGREEING.
ONE IN PARTICULAR THE MEASUREMENTS.
AND HE SAID THAT IS VERY LITTLE VIOLATION AND HE APPROVED THAT.
I REALLY DON'T HAVE A LOT TO SAY TO YOU GUYS JUST TO SEE, UH, HOW DOES IT GO AND HOPEFULLY TO RECEIVE THE APPROVAL.
WELL, ONE QUESTION I HAVE IS, UH, THE, SINCE THE LAST TIME YOU WERE HERE, UH, HAS ANYTHING CHANGED? WHAT, DID YOU GET MORE SUPPORT THAN YOU HAD LAST TIME? NO, WELL, LIKE THE SAME PEOPLE, BUT THE DIFFERENCE NOW IS THAT I WAS KNOCKING DOOR BY DOOR AND EVERYBODY WAS AGREE TICKET, THEY WERE SUPPORTIVE OF ME BECAUSE, UH, THEY WERE A LITTLE BIT, YOU KNOW, MAD THAT I RECEIVE A TICKET.
ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? YEAH, COMMISSIONER BARRINGTON, UM, FROM THE PHOTOS, I CAN'T SEE ANY GUTTERS OR DOWNSPOUTS.
SO MY QUESTION IS, HOW DOES THE ROOF DRAIN? SO THIS ONE THAT IS THE FRONT GOES TOWARDS THE BACK AND TOWARDS THE BACK FALLS.
OVER THERE, THERE IS A, THERE, THERE IS LIKE A CHANNEL THAT GOES THERE AND IT GOES TOWARDS THE BACK OF THE GARAGE.
I DON'T KNOW, YOU HAVE ANOTHER PICTURE.
SO IT'S, IT'S CORRUGATED AND IT FLOWS THAT LIKE A BROWNISH COLOR RIGHT THERE.
SO IT FLOWS TOWARDS THE HOUSE, HITS THE ROOF, AND THEN FLOWS DOWN.
SO FROM THE HOME, THE HOME GOES THERE ON THAT, UM, BROWNISH COLOR.
[01:10:01]
SO THE, THE WATER FROM THE HOME GETS INTO THAT.WE CAN SAY LIKE A BROWN BROWNISH COLOR CHANNEL AND IT GOES DOWN AND FROM THE ROOF OF THE CARAL GOES TO THE FRONT.
I DON'T KNOW IF YOU CAN SEE IT, BUT THE BACK IS HIGHER THAN THE FRONT AROUND ONE INCH.
SO WHEN WATER, UH, WHEN WHEN IT'S RAINING AND WATER FALLS ON TOP OF THE CARPORT, THAT WATER DRAINS TO THE STREET? YES.
SO IT'S YEAH, THE CORRUGATION DRAINS IT TO THE STREET.
ANY OTHER QUESTIONS? MANNA? COMMISSIONER MANNA.
SO, SO THIS MAY BE A QUESTION FOR CITY STAFF OR FOR THE APPLICANT HERE.
UM, WHEN WAS THIS STRUCTURE BUILT BETWEEN? NOT COMPLETELY SURE, BUT MY RECORD SAYS AROUND 2015.
WE SHOW STREET VIEW EVERY, ANYWHERE FROM FEBRUARY OF 2015.
AND, AND TO THE APPLICANT, THERE HAS BEEN NO MODIFICATIONS MADE TO THE STRUCTURE SINCE THEN, IS THAT CORRECT? NO.
IT LOOKS LIKE, UH, FEBRUARY, 2016 WAS BEFORE THE CITY PUT IN A SIDEWALK, RIGHT? YEAH.
AND THEN ONE MORE QUESTION FOR THE APPLICANT.
UH, WITH REGARDS TO, UM, THIS, THIS PARTICULAR CARPORT DOES APPEAR MUCH LONGER THAN ALL THE OTHER CARPORTS IN THE NEIGHBORHOOD.
SO IF IT WAS SHORTENED ANY, UM, UM, WHAT IMPACT WOULD THAT HAVE TO YOU? UM, IF WE, IF WE DID ASK YOU TO SHORTEN IT MINIMALLY, IT'S GONNA BE SHORTENED BY TWO FOOT, BUT, UH, ANY SHORTER THAN THAT, WHAT WOULD BE THE IMPACT? THE IMPACT WILL BE IF YOU CAN SEE THE CARS, IT WILL SHORTEN THAT THE WATER WILL DROP ON THE CARS.
IF THERE'S, UH, ANYONE SENATOR TO SPEAK? NO.
UH, ANY OTHER FURTHER QUESTIONS? NO.
ANYBODY LIKE TO MAKE A MOTION? OKAY, MAN.
COMMISSIONER MANNA REGARDING CASE NUMBER BOA 2 4 1 0 3 0 0 2 1 0, I MOVED THE BOARD OF ADJUSTER GRANT A REQUEST FOR A, UM, FIVE FOOT VARIANCE FROM THE MINIMUM 10 FOOT SENT BACK TO ALLOW IT ATTACHED CARPORT TO BE FIVE FEET FROM THE FRONT SETBACK SITUATED AT 4 1 5 0 BARRINGTON STREET.
APPLICANT BEING EFRON, UH, BENES, UH, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST.
THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST.
THAT SUFFICIENT SPACE WILL REMAIN FOR SAFE, SAFELY BACKING FROM THE DRIVEWAY ONTO THEIR LOCAL ROAD.
A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCES WOULD RESULT IN UNNECESSARY HARDSHIP AS THERE IS INSUFFICIENT SPACE TO ALLOW COVERAGE AND PROTECTION OF PERSONAL VEHICLES ON THE PROPERTY.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE REQUESTED VARIANCE APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE AS ADEQUATE SPACE WILL REMAIN FOR THE PURPOSE OF SAFE ROADWAY ACCESS AND REDUCE THE NEED FOR AN ON-STREET PARKING IN THE AREA.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES PARTICULARLY AUTHORIZED IN A ZONING DISTRICT, WHICH AS VARIANCE IS LOCATED, NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER, ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED.
STAFF FINDS THAT THE VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES AND WILL NOT ADVERSELY IMPACT THE IMMEDIATE NEIGHBORS AND DRIVERS
[01:15:01]
IN THIS AREA.APPLY TO THE OWNER, UH, OF THE PROPERTY FOR ITS VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THIS PROPERTY.
UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO A RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED.
STAFF FINDS THE UNIQUE CIRCUMSTANCES EXISTING ON THIS PROPERTY IS DUE TO THE LIMITED SPACE ON THE LOT TO ALLOW FOR OPTIONAL COVERED NEED FOR OFF SPACE PARKING AND PROTECTION OF VEHICLES ON THIS PROPERTY.
AND I'M OPEN FOR ADJUSTMENTS AND A MOTION.
SECOND BY COMMISSIONER, UH, IEZ, UM, COMMISSIONER MANNA.
SO, YOU KNOW, JUST LOOKING THROUGH THE NEIGHBORHOOD, IT, UM, THIS, THIS PARTICULAR, UH, UM, CARPORT DOES STAND OUT AS EXTENDING MUCH FURTHER THAN ALL THE REST OF 'EM.
UH, AND IT LOOKS, UH, TO ME THAT MOST OF 'EM ARE, UM, COMPLIANT AND OR WITHIN HIS FIVE FOOT SIT BACK.
AND THAT'S WHY I KIND OF LEFT IT THERE.
COMMISSIONER IBANEZ? UH, I'M GOING TO BE IN SUPPORT OF THIS, UH, CARPORT.
I THINK THAT, UM, IT'S DOING WHAT IT'S SUPPOSED TO BE DOING AND, UH, SINCE IT WAS BUILT IN 2016 BETWEEN 2015 AND 2016, UM, I, IT'S BEEN THERE FOR A WHILE, SO I'M GOING TO BE SUPPORTING IT.
ANYONE ELSE LIKE TO ADD MANNA? BEN, COMMISSIONER BEN, I WILL BE IN SUPPORT ALSO, UM, OF THIS.
AND I AGREE WITH THE COMMISSIONER IVANA.
IT'S BEEN THERE FOR, FOR A WHILE, SO I WILL ALSO BE IN, IN SUPPORT OF IT.
SO JUST AS A NOTE, I DID SHORTEN IT TO FIVE, UH, BY FIVE FEET.
SO JUST MAKING YOU ALL AWARE AS, AS YOU HAD THAT DIALOGUE.
AND SO, SO YOU, SO JUST TO BE CLEAR, YOU READ YOUR MOTION TO, INSTEAD OF IT BEING A, UH, UP DOWN TO ONE INCH, YOU'RE DOING A FIVE FOOT VARIANT? THAT'S WHAT I READ, YES.
MAKE SURE YOU'RE AWARE THAT STEVENS COMMISSIONER STEVENS.
SO JUST, JUST TO CLARIFY, IS THE, THE FRONT OF THAT POST IS THAT TWO FEET FROM THE BACKSIDE OF THE SIDEWALK? I, I WOULD, I'D LIKE TO MAKE A MOTION TO AMEND THE MOTION SO THAT THE POST DOESN'T HAVE TO BE MOVED.
SO, AND WHAT THAT DOES IS PUTS IT AT ONE INCH.
SO THE POST IS THE, THE VARIANCE OF ONE INCH.
AND SO, SO WHAT YOU'RE, WHAT YOU'RE SUGGESTING IS LEAVING IT AS, YOU KNOW, WITHIN ONE INCH OF THE 10 FOOT SETBACK.
SO WHAT COMMISSIONER AMANDA IS SAYING IS IF HE DROPS IT TO FIVE FEET, HE'D HAVE TO MOVE THE POST BACK FIVE FEET AND THEN HAVE A FIVE FOOT OVERHANG.
SO THEY'LL BE ABLE TO HAVE A TWO FOOT OVERHANG.
'CAUSE THE OVERHANG CAN'T GO PAST THE THREE FEET.
SO IF YOU GUYS APPROVE THE FIVE FOOT SETBACK, THE POST HAS TO BE A FIVE FOOT, BUT THEY CAN ALSO HAVE A TWO FOOT, UH, OVERHANGS.
IF WE DON'T AGREE WITH THAT AND WE WANT THE VARIANCE TO BE LEFT AS IS.
SO, UH, WITH THAT, UH, I'LL, I'LL, I'LL GO AHEAD AND GET THAT BALL STARTING.
UH, I, UH, NOT TO TAKE AWAY FROM COMMISSIONER STEVENS, BUT I MOVE TO AMEND, UH, THE MOTION, UH, TO BE AS APPLIED FOR BY THE APPLICANT TO BE A ONE INCH, UH, A NINE FOOT, 11 FOOT VARIANCE FROM THE 10 FOOT TO ALLOW CARPORT TO BE ONE INCH FROM THE FRONT.
IS THERE A SECOND TO THAT? I SECOND.
VOTE ON THE MOTION TO AMEND AND SEE HOW THAT TURNS OUT.
SO THAT IS 10 TO ONE TO AMEND.
THE MOTION IS FORMALLY AMENDED TO BE AS APPLIED.
IT IS A NINE FOOT, 11 FOOT VARIANCE TO ALLOW CARPORT TO BE ONE INCH FROM THE FRONT PROPERTY LINE.
UH, IF THERE'S NO OTHER AMENDMENTS WE CAN HAVE ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER IBANEZ, I CONCUR WITH THE FINDINGS AND FACTS.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
[01:20:01]
DEAN? I CONCUR.COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER GOMEZ? YES, I CONCUR.
COMMISSIONER BENAVIDES? YES, I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER VASQUEZ? YES, I CONCUR.
I JUST WANNA MAKE SURE THE, THE APPLICANT UNDERSTANDS IS, IS ITEM PASSED? OH, OKAY.
AND THEN ALSO THE, THE NEED FOR THE REMOVAL OF THE OVERHANG OF THE WHAT? THE REMOVAL OF THE WHAT? THE FRONT TWO FOOT.
'CAUSE IT'S ON, ON CITY PROPERTY.
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, UH, SIX INCH, UH, SIDE SETBACK.
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 FOOT EIGHT INCH REAR SETBACK.
ADDITIONALLY, THE ADDITION HAS A SIDE SETBACK OF FOUR FOOT SIX INCHES.
THE BUILDING PERMIT HAS NOT BEEN APPLIED FOR AND WOULD BE PENDING OUTCOME FROM THE BOARD OF ADJUSTMENT WITHIN THE 200 FEET AREA AT 8 31 SOUTH SAN EDUARDO AVENUE.
THE BE THE BOA PREVIOUSLY APPROVED IN JULY, 2023.
A, UH, 1,725 SQUARE FOOT MINIMUM LOSS SIZE AND A 10 FOOT REAR SETBACK VARIANCE FOR THAT ADDRESS NEARBY.
INSURANCE SUBJECT TO PROPERTY SURROUNDING AREA.
STAFF RECOMMENDATION FOR THE SIDE.
STEPBACK VARIANCE STAFF RECOMMENDS APPROVAL IN BOA 24 1 0 3 0 0 2 1 3 BASED ON FOLLOW FINDINGS OF FACT, SUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE SAFETY CONCERNS.
AND THE REQUESTED VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
AND THEN FOR THE REAR SENSE DENIAL IN THE SAME BOA CASE DUE TO INSUFFICIENT SPACE, UM, WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE SAFETY CONCERNS.
AND TWO, THE REQUESTED VARIANCE WILL ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
ONE IN FAVOR, ONE IN OPPOSITION.
AND THAT WAS FROM THE APPLICANT AND THEN THE ONE OPPOSED IN THE REAR.
ALL RIGHT, THAT CONCLUDES STAFF PRESENTATION.
YOU SAID THE APPLICANT COME FORWARD.
SHE WAS ASKING ME SOME QUESTIONS.
I DON'T KNOW IF WE HE SPOKE IN ENGLISH OR IN SPANISH.
[01:25:01]
HE JUST STATED HIS NAME AND HIS ADDRESS.HAVE THEY BEEN PROVIDED TO STAFF? HE'S HOLD.
IT'S BEEN A, THERE'S A, THERE'S A CONFLICT HERE.
HE, HE THOUGHT SHE HAD THAT'S OKAY.
STAFF CAN PROJECT THEM FOR THE, FOR THE COMMISSION.
UH, I JUST WANT TO MAKE, UH, PLEASE STATE YOUR NAME.
MY NAME IS, MY NAME IS MA ROMAN.
I'M THE DAUGHTER OF, UM, VICTOR ROMAN.
BUT, UH, I JUST WANT TO TELL YOU THAT MY SON, MY, MY SON, MY, MY, MY DAD DOESN'T HEAR, WELL, HE DIDN'T BROUGHT HIS, UM, THINGS.
SO YOUR HEARING AIDS? YEAH, HIS HEARING AIDS.
SO THAT'S WHY SOMETIMES HE'S LIKE TRYING TO, UH, TALK.
I, I TOLD HIM, WHY DIDN'T YOU BRING IT? THAT'S, SO SOMETIMES HE GETS LIKE, UM, MAYBE HE LOOKS LIKE IRRITATED.
I AM LIKE, AH, DAD, YOU DIDN'T BRING IT, BRING IT.
THAT'S WHY YOU'RE LIKE, I CAN'T LISTEN.
SO I'M JUST SAYING THAT MAYBE THE, THE, THE OTHER DATE HE DIDN'T QUITE UNDERSTAND.
SO WHEN WE LEFT LAST TIME, IT LOOKED LIKE YOU WERE GOING TO PURSUE, UH, DIALOGUE WITH THE NEIGHBORS.
IS THAT YEAH, I WENT WITH MY DAD AND, UH, WE SPOKE WITH THEM AND, UH, UH, WE HAVE LIKE, UH, IT'S 15, UM, OKAY.
SOME OF THEM, UM, THEY JUST, I MEAN, I THINK TWO OF THEM, THEY DIDN'T, UH, PUT NOTHING LIKE, UH, THEIR, I DON'T KNOW IF THEY FORGOT THEIR SIGNATURE.
AND ONE OF THEM, I THINK HE DIDN'T PUT HIS, UM, PHONE, UH, HIS PHONE.
AND, UM, UH, ALSO MY DAD HAS SOME, UM, PHOTOS THAT HE TOOK FROM HIS CELL PHONE, UH, BECAUSE YOU WERE ASKING ABOUT THE, UM, THE WAY THAT THE BACK NEIGHBOR, UH, UH, WAS, UM, HOW THE, THE MATERIAL WERE.
I MEAN THE, THE STUFF THAT HE HAS ON THE BACK OF MY DAD, UH, THE BACK NEIGHBOR, UH, HE HAS, UM, SOME STUFF REALLY CLOSE.
SO MY DAD HAS PHOTOS OF IT TOO.
SO IF YOU WANT TO SEE THEM SURE.
THAT PHOTOS, THEY CAN ACTUALLY PROJECT THAT AS WELL.
JUST TO NOTE, MOST OF THOSE ARE WITHIN 200 FEET.
UH, THERE'S THREE OF 'EM OUTSIDE.
DOES THIS SHOW THE NEIGHBOR HAVING A SHED A FEW FEET AWAY FROM THE FENCE AND IT LOOKS LIKE THEIR HOME MIGHT BE ABOUT 10 FEET AWAY FROM THE FENCE, IS THAT CORRECT? HE SAYS IT'S LESS THAN THAT.
ON THE PICTURE THAT WE'RE SEEING RIGHT NOW IS, IS THAT STORAGE AREA? CAN YOU YEAH, THAT IS THAT STORAGE SHED THAT'S IN THE BACK.
IS THAT ON YOUR PROPERTY? IS THAT NO, IT, IT'S THE NEIGHBORS.
I DON'T KNOW HOW TO SAY STRAIGHT ON THE TOP RIGHT OF THE PICTURE AT TOP RIGHT PICTURE.
DO YOU HAVE THE POINTER? THERE YOU GO.
IS THAT YOURS OR THE NEIGHBOR'S? OH, THAT, THAT ONE'S THE, THE NEXT NEIGHBOR.
[01:30:01]
IT'S THE, UH, H EIGHT 16.SO THAT IS NOT ON YOUR BACK, THAT'S NOT ON YOUR BACKYARD.
AND THIS ONE, THIS ONE'S THE, THE, THE NEIGHBOR.
AND YOU SPEAK INTO THE MICROPHONE PLEASE.
CAN YOU SPEAK THE YEAH, WE NEED, WE NEED TO HEAR YOU.
IS THERE ANY COMMISSIONER QUE WE, WE GOT THAT.
WE'RE TRYING, WE HAVE IT ANSWERED.
UH, IS THERE ANY COMMISSIONER QUESTIONS? MM-HMM.
SO IF YOU SCROLL TO THE PICTURE THAT SHOWS THAT ONE STORAGE SHED THAT WE ARE ASKING ABOUT, THERE YOU GO.
SO, UM, THE DISTANCE FROM THAT STORAGE SHED THERE TO THE FENCE, IS THAT SIMILAR TO THE SPACE THAT YOU HAVE FROM YOUR STRUCTURE TO THE FENCE? SIMILAR.
UH, HE'S SAYING THAT, UH, THAT SPACE IS SHORTER THAN THE ONE IN HIS, ON THE SEPARATION ON HIS, ON HIS PROPERTY, NOT INCLUDING THE ROOF OVERHEAD.
ANY OTHER QUESTIONS? WELL, IF THERE'S ANYTHING ELSE YOU'D LIKE TO ADD BEFORE WE NO.
YES, BUT I NEED THE, THE PAPERWORK.
MEASURE EVENNESS REGARDING CASE NUMBER BO OA 24 103 0 0 2 1 3.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR ONE A 16 INCH TO 16 FOOT TO FOUR INCH VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW THREE FEET, EIGHT INCH REAR SETBACK, AND TWO, A SIX INCH VARIANCE FROM THE MINIMUM FIVE, SORRY, SIX.
IS IT SIX INCH OR FIVE SIX FEET? I THINK THAT'S ITS TYPO.
UH, A SIX FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW, IT'S A SIX INCH VARIANCE.
SIX INCH FROM THE, IT IS A SIX INCH VARIANCE.
A SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW FOUR FEET, SIX INCH SIDE SETBACK, SITUATED AT EIGHT 14 SOUTH EDUARDO AVENUE.
APPLICANT BEING VICTOR SALGADO.
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 INTERESTS.
THE REQUESTED VARIANCES ARE NOT CONTRARY TO PUBLIC INTERESTS, AS SUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE SAFETY CONCERNS.
DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF SETBACK ORDINANCES WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD NEED TO REMOVE A SIGNIFICANT PORTION OF THE STRUCTURE.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE REQUESTED VARIANCES APPEAR TO BE IN THE SPIRIT OF THE ORDINANCE AS SUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE CONCERNS, FIRE SAFETY CONCERNS AND NON-CONFORMING SET BESS HAVE BEEN SEEN IN THE IMMEDIATE AREA OF THE PROPERTY IS LOCATED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OR OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS
[01:35:01]
VARIANCE.SUCH VARIANCE WILL NOT, NUMBER FIVE SUB WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF A ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS THAT THE VARIANCES WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES AS NON-CONFORMING SETBACKS HAVE BEEN SEEN IN THE IMMEDIATE AREA.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY IS THE LIGHTS, LOT SIZE AND DIMENSIONS AND PRESENCE OF OTHER CONFORMING SETBACKS IN THE AREA.
UH, I WILL BE SUPPORTING, UH, SECOND.
SECOND BY COMMISSIONER MATT, COMMISSIONER MANOR MANNA, COMMISSIONER EZ.
I WILL BE SUPPORTING, UM, THIS VARIANCE, UM, BEING JUST UNDER THE, THE VARIANCE, UM, UM, CRITERIA THAT WAS READ.
SO, SO THIS WHOLE AREA LOOKS THAT THIS IS ACTUALLY CONSIST THE, THE PROPOSED DEVELOPMENT OR THE, OR THE PROPOSED INSTALLATION IS CONSISTENT WITH A LOT OF THE DEVELOPMENT THAT IS IN THIS COMMUNITY.
UM, YOU KNOW, A, A THING ABOUT THIS ONE IS THAT I THINK TO MOVE FORWARD IT WILL HAVE TO BECOME FIRE RATED.
AND I THINK THAT WOULD BE, YOU KNOW, THAT'S MY PRIMARY CONCERN REALLY FOR THIS WHOLE COMMUNITY.
AND IT'D BE NICE TO KNOW THAT AT LEAST ONE HOME IS FIRE RATED AT THIS DISTANCE.
AND SO, UH, FOR THAT I'LL BE SUPPORTING THIS MOTION.
ANY OTHER COMMISSIONERS LIKE TO ADD YEAH, ION ZUNA? YEAH, I CONCUR WITH THAT AS WELL.
I MEAN, IT WOULD, TO MOVE FORWARD AT THE VARIANCE OF THE PROOF THAT THE BUILDING WHAT'S EXISTING WOULD HAVE TO GO THROUGH THE CITY PERMITTING PROCESS, WHICH WOULD INCLUDE A REVIEW BY FIRE CODE.
SO, UM, I'M SUPPORTING THE MOTION.
ANYONE ELSE? HEARING NONE UNLESS HAVE A ROLL CALL VOTE PLEASE.
I CONCUR WITH THE FINDINGS AND FACTS.
COMMISSIONER MENA? I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER GOMEZ? YES, I CONCUR.
COMMISSIONER BENAVIDES? I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER VASQUEZ? I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
AND, UH, WE ARE GOING TO HEAR ITEM SIX NOW AND FOR THE APPLICANT SECOND, CAN SOMEONE, UH, THE SUSPENSION INTERPRETER STILL OUT? SO ITEM SIX, UH, APPLICANT HAS NOT SHOWN UP YET.
UM, OKAY, I WAS GONNA ASK THE INTERPRETER JUST TO LET THE APPLICANT KNOW THAT THEIR MOTION PASSED AND IF THERE'S ANY QUESTIONS THEY CAN GET WITH STAFF.
OKAY, SO THE APPLICANT FOR ITEM SIX IS HERE.
OKAY, WE'RE GONNA MOVE ON TO ITEM NUMBER SEVEN.
IS THE APPLICANT FOR 5 3 3 1 LOCK HILL HERE.
ALRIGHT, SO STAFF, WE'RE GOING TO HEAR ITEM SEVEN, PLEASE.
ADDRESS, 5 3 3 1 LOCKHILL ROAD COUNCIL DISTRICT EIGHT APPLICANT, NANCY CADE.
A FOUR FOOT SPECIAL EXEMPTION FROM THE MAXIMUM SIX FOOT HEIGHT TO ALLOW A 10 FOOT PREDOMINANTLY OPEN FENCE ON THE FRONT YARD AND TO A TWO FOOT SPECIAL EXEMPTION FROM THE MAXIMUM EIGHT FEET, UH, HEIGHT TO ALLOW A 10 FOOT PREDOMINANTLY OPEN FENCE ON THE SIDE AND REAR YARD ZONING IS RE THE SUBJECT PROPERTY IS LOCATED ALONG LOCK HILL ROAD, NORTH OF HUEBNER ROAD.
LOCATED WITHIN THE OAKLAND ESTATES NEIGHBORHOOD ASSOCIATION.
THE APPLICANT ERECTED A FENCE WITHOUT A PERMIT AT A 10 FOOT, PREDOMINANTLY OPEN SURROUNDING THE PROPERTY.
THE APPLICANT STATED A DESIRE TO PREVENT DEER FROM ENTERING THE PROPERTY FOR THE PURPOSE OF THE FENCE UNDER SECTION 35 5 14 B TWO, THE LOT IS PERMITTED.
SIX FOOT IN THE FRONT AS LAR AS A LARGE LOT, AND THEN EIGHT FOOT IN THE REAR SIDE AND REAR WITH THE PRESENCE OF THE SWIMMING POOL.
UM, AND HERE'S A SITE PLAN LATER THE APPLICANT WILL TALK ABOUT REMOVING, UH, NUMBER
[01:40:01]
TWO AS WELL, SUBJECT TO PROPERTY SURROUNDING AREA.A STAFF RECOMMENDATION FOR THE FENCE HEIGHT, SPECIAL EXCEPTION STAFF RECOMMENDS DENIAL NBO 24 1 0 3 0 0 2 1 5 BASED ON THE FOLLOWING FINDINGS OF FACTS, LARGE LOTS ARE ALREADY ALLOWED AND ENHANCED SIX FOOT HEIGHT IN THE FRONT YARD AND ADDITIONAL HEIGHT OF EIGHT FOOT TO THE SIDE REAR YARDS IS PERMITTED FOR THE SWIMMING POOL.
AND THIS SPECIAL EXCEPTION WILL ALTER THE ESSENTIAL CHARACTERISTIC OR ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
AND STAFF MAILED OUT EIGHT NOTICES RECEIVED THREE IN FAVOR, ZERO IN OPPOSITION.
OAKLAND ESTATES NEIGHBORHOOD ASSOCIATION CAME BACK IN OPPOSITION.
AND SOME OF THE RESPONSES RECEIVED, UM, THERE WAS ONE THAT'S NOT INCLUDED, THAT IS AN UNVERIFIED ADDRESS, BUT, UM, THE APPLICANT WILL ATTEST THAT THEY'RE A NEIGHBOR NEARBY.
AND THEN THE APPLICANT, AND THEN THIS WAS THE NEIGHBORHOOD ASSOCIATION RESPONSE.
AND THAT CONCLUDES STAFF PRESENTATION.
APPLICANTS HERE IS THIS AND THIS A UH, THIS PROPERTY DOES HAVE A SWIMMING POOL IN THE BACKYARD.
RIGHT? IT WAS EITHER THIS PROPERTY OR THE ONE NEXT TO IT.
DOES IT SHOW? IT DOES, IT DOES.
SO IF THE APPLICANT COME FORWARD, OH, YOU CAN STATE YOUR NAME AND TELL US ABOUT YOUR FENCE.
I'M NANCY CADE, AND THE, THE FENCE IS EIGHT FEET AND ABOUT TWO INCHES.
AND I DON'T NEED, UM, THE SECOND PART AT ALL.
UM, DUE TO THE DROUGHT AND THE HEAT, I LOST, UH, THE TREES THAT USED TO BACK THE OLD FENCE, WHICH WAS LEANING DOWN IN THE FIRST PLACE.
AND, UM, IT COULDN'T BE A STRAIGHTENED BACK UP.
SO WHEN I LOST THE TREES, I THEN HAD AN OPEN ACCESS FROM THE FRONT FOR DEER.
UH, OAKLAND ESTATES HAS AN AWFUL LOT OF OPEN PROPERTY AND AN AWFUL LOT OF DEER.
UM, THE PICTURE THAT SHOWS MY ACREAGE, I LIVE ON THE DEER THERE.
I LIVE ON HALF OF THE PROPERTY.
IT'S THE HALF FRONT HALF IS DEVELOPED AND THE REAR HALF IS LEFT NATURAL.
THE DEER ROAM IN THE BACK AND THERE ARE TREES AND BUILDINGS ACROSS THERE THAT DETER THE DEER FROM COMING INTO THE YARD.
FURTHERMORE, UM, WHEN I HAVE LEFTOVER FOOD FROM THE FOOD BANK, UM, THAT I'M IN CHARGE OF DELIVERING WITH MY CHURCH ASSOCIATION, I TAKE FOOD BACK THERE.
SO THE DEER TEND TO REMAIN BACK THERE, BUT THERE'S NOTHING TO DETER THEM FROM COMING OVER THE FRONT FENCE.
UM, I SPEND, UM, IN SPITE OF MY APPEARANCE, I AM THE GARDENER.
I HAVE A CHAINSAW TO TAKE DOWN MY TREES.
I, UH, WHAT I DO MOST OF THE TIME IS GARDEN.
I HAVE BEEN LEARNING HOW TO TAKE DOWN, UM, WELL TO REPLACE NATURAL, UM, UM, NATIVE, UH, TREES AND DROUGHT TOLERANT TREES.
I'VE PLANTED, UM, UH, MUCH SHRUBBERY ACROSS THE FRONT THAT IT'S SMALL YET.
UM, BUT OVER THE YEARS IT WILL, UM, BE ATTRACTIVE FROM THE FRONT.
THE OAKLAND ESTATES IS NOT UNIFORM BY ANY MEANS IN, UH, THE FENCING THERE, THERE ARE SOLID BRICK FENCE,
[01:45:01]
UH, STONE FENCES UP TO SEVEN FEET, AND THE TWO NEW HOUSES IN THE NEIGHBORHOOD.MOST OF THE HOUSING THERE IS NOT NEW.
MINE IS ONE OF THE NEWER ONES.
UM, UH, HAS, THEY HAVE SEVEN FOOT FENCES, YOU KNOW, BA FROM THE GROUND UP.
UM, THE PRIMARY REASON I WANTED THE FENCE IS TO KEEP THE DEER SO I COULD ENJOY ENHANCING THE PROPERTY.
UM, WHICH I HAVE FRUIT TREES ON THERE AND NUMEROUS FRUIT, DIFFERENT KINDS OF FRUIT TREES.
I, UM, I HOPE TO HAVE A GARDEN THIS SPRING, WHICH A DEER WILL DECIMATE.
IT ONLY TAKES ONE TO COMPLETELY WIPE OUT A GARDEN.
MY GRANDSON AND I HAVE GONE TO, UH, THE BOTANICAL GARDENS SPRING AND, UH, WINTER SO THAT MY GRANDCHILDREN ARE LEARNING, UM, ABOUT SOIL PRESERVATION, NATIVE TREES, THEY'VE LEARNED NAMES OF THINGS.
THEY, UH, EAT THE FRUIT OFF OF HOMEGROWN TREES AND, UM, THEY'RE LEARNING A LOT OF ECOLOGY, UM, BECAUSE OF THIS.
UH, ONE, DID YOU REACH OUT TO THE OAKLAND ESTATES, UH, NEIGHBORHOOD ASSOCIATION OR DID THEY, DID THEY RESPOND SOLELY TO THE STANDARD MAILER? I DON'T KNOW.
I, I NEVER KNEW WHO, THE REASON WHY I ASK IS, UH, SO WE HAVE PICTURES THAT SHOW YOUR FENCE TO BE EIGHT FOOT FIVE INCHES.
UH, I'M CURIOUS IF OAKLAND HAS MADE THEIR DECISION BECAUSE IT WAS ADVERTISED AS A 10 FOOT FENCE.
IF, IF THEY JUST RECEIVED THE STANDARD MAILER, THEN THAT'S WHAT THEIR RESPONSE IS RELATED TO.
SO I LIVE DOWN THE STREET OH, OKAY.
AND, UM, SO, SO, SO THIS, UH, WHEN A FENCE WENT UP, I WAS KIND OF DISMAYED TO BE HONEST.
AND SO, SO WE DO HAVE NEIGHBORHOOD MEETINGS ON A REGULAR BASIS.
THERE WAS ONE LAST WEEK, YOU KNOW, WITH THE NEIGHBORHOOD SON'S STILL LEFT UP TOO.
SO, SO, YOU KNOW, SO THERE ARE OPPORTUNITIES.
AND SO MY RECOMMENDATION WOULD BE THAT YOU GET THEIR, UM, PERMISSION OR, OR THEIR, THEIR ACCEPTANCE OF THIS, BECAUSE I WOULD NOT BE VOTING IN FAVOR OF THIS JUST 'CAUSE I LIVE, YOU KNOW, AND, AND IT WOULDN'T BE ALLOWED IN MY PROPERTY.
SO, SO I WOULD NOT BE VOTING IN FAVOR AND, AND UNLESS YOU GOT THE COMMUNITY TO AGREE WITH IT, YOU KNOW, I, I'M GONNA BE SIGNING WITH THE COMMUNITY.
SO I WOULD RECOMMEND, UM, YOU KNOW, JUST HOLDING OFF ON, ON A REVIEW JUST SO YOU CAN GET THEIR, YOU KNOW, HAVE DIALOGUE WITH THEM.
I, I WAS JUST TRYING TO ASCERTAIN COMMISSIONER CRUZ.
AND ALSO TOO, MY UNDERSTANDING IS SHE'S BEEN IN THE NEIGHBORHOOD ALL THESE YEARS, SO SHE KNOWS THE DEER IS THERE.
SO NOW WHY ALL OF A SUDDEN WE HAVE TO PUT UP SUCH A HIGH FENCE? THAT DOESN'T MAKE SENSE.
I'M, I'M SORRY, MS. MS. MS. CRUZ.
UM, I DID HAVE A TREE BARRIER AND A LOWER FENCE PRIOR TO BUILDING THIS.
WHEN THE TREES DIED, UH, THEY WERE, UM, RED TIPS AND THEY, MOST OF THE FENCE IS NOW OPEN FROM THE STREET.
AND WHEN THEY DIED, I HAD TO MAKE A DECISION HOW TO KEEP THE DEER FROM COMING ACROSS.
THEY DID COME ACROSS WHILE I WAS IN PROCESS OF REPLACING THE FENCING.
UNA COMMISSIONER ZUNA, MS. K, DID YOU HAVE SOMEBODY BUILD THE FENCE FOR YOU? YES.
DID THEY INFORM YOU ABOUT THE CITY BUILDING PERMIT REQUIREMENTS FOR A FENCE? NO.
CAN WE HAVE THE NAME OF THE PERSON OF THE COMPANY THAT BUILT YOUR FENCE, PLEASE? IT'S A TINY COMPANY.
'CAUSE THEY, THEY DID YOU A DISSERVICE BY, BY NOT NOTIFYING YOU OF THE PERMITTING REQUIREMENTS OF THE FENCE.
AND SO WE DON'T WANT ANY OTHER COMMUNITY MEMBERS AFFECTED BY THEIR IGNORANCE OF PERMITTING OR, I MEAN, 'CAUSE IT COULD POTENTIALLY HARDSHIP FOR YOU.
I DON'T THINK WE SHOULD BE ASKING FOR THAT INFORMATION.
I DIDN'T, I DON'T THINK THAT IS OUR JOB TO BE POLICING LIKE THAT.
I REALIZED IT THAT, THAT THEY SHOULD HAVE LET YOU KNOW, BUT I DON'T THINK THAT THAT'S THE COMMISSION FOR I WOULD ASK A QUESTION FOR YOU TO GO BACK ON.
THIS IS A VERY, VERY SMALL COMPANY.
10 YEARS AGO, HE, HE CREATED MY FENCE, I MEAN, MY GATE.
UM, AND HE, HE DOES WELDING AND HE, SO I CALLED HIM AGAIN BECAUSE HE DID SUCH A PERFECT JOB.
UM, AND THEY WERE, THEY STARTED IN JULY AND WITH ALL THE DIFFERENT REASONS HE COULDN'T COME.
WELL, TO CHANGE A LITTLE DIRECTION HERE, UH, SO SOME QUESTIONS FOR
[01:50:01]
STAFF.SO SOMETIMES WE HEAR ABOUT, UH, STAFF AND INSPECTION TOLERANCES.
SO IF SHE'S ALLOWED AN EIGHT FOOT FENCE BY REAR BY RIGHT IN THE REAR, BUT HER FENCE IS EIGHT FOOT FIVE INCHES, CAN THAT BE APPROVED ADMINISTRATIVELY WE CAN APPROVE UP TO SIX INCHES ADMINISTRATIVELY.
SO THEN ITEM NUMBER TWO OF THIS REQUEST CAN ENTIRELY GO AWAY AND HAVE NO EFFECT ON THE, ON THE FENCE BECAUSE WE IS THAT TRUE? IF IT'S EIGHT FOOT, BUT SHE HAS A SWIMMING POOL, IF IT'S EIGHT AND A HALF FEET OR LESS, IT CAN BE SOLVED ADMINISTRATIVELY.
'CAUSE WE SAW IT BECAUSE THE PICTURES IN THE APPLICATION STAFF WAS MEASURING EIGHT FOOT, BUT UNDER EIGHT AND A HALF.
SO I JUST WANTED TO MAKE SURE THAT, THAT BEFORE SOMEBODY DOESN'T READ ITEM NUMBER TWO, THAT THEY, YOU KNOW, THAT IT DOESN'T HURT ANYTHING FOR THE APPLICANT.
UH, SO WHAT WE'RE LEFT WITH LIZ, IS A, IS AN EIGHT FOOT FENCE IN THE FRONT YARD.
MAY I, UH, IVANEZ, UM, MAY I ASK THAT MAYBE MS. CADE MIGHT CON CONSIDER A CONTINUANCE SO YOU COULD GET IN TOUCH WITH THE NEIGHBORHOOD ASSOCIATION? I, I'LL BE GLAD TO DO THAT.
UH, I WAS UNAWARE THAT THE, UNTIL THIS MORNING THAT THE NEIGHBORHOOD ASSOCIATION HAD YEAH.
IF SO WE'VE HEARD FROM ONE COMMISSIONER THAT THEY WOULD LIKE TO HEAR, UM, SOME DIALOGUE WITH THE NEIGHBOR ASSOCIATION.
UH, WE ALSO, UM, UM, THEY DIDN'T COME.
WELL, I KNOW, BUT, BUT IT SOMETIMES WE RELY ON THAT IN WRITING.
BUT WE ALSO HAVE SOMEONE SIGN UP TO SPEAK.
IS THERE ANYONE SIGN UP TO SPEAK ON THIS? UH, ONE PERSON SIGNED UP TO SPEAK.
SO WE'RE GONNA HEAR FROM THIS, UH, OKAY.
UH, THIS RESIDENT, UH, CITIZEN.
AND THEN WE WILL, WE WILL SEE IF THERE'S ANY MORE QUESTIONS FOR YOU BEFORE WE MOVE ON.
IF YOU CAN STATE YOUR NAME AND ADDRESS AND LET THE BOARD KNOW YOUR POSITION.
I'M BARNEY TIERNEY, LIVING AT 54 0 9 ENCINO PARK ROAD.
I'M THE PRESIDENT OF THE NEIGHBORHOOD ASSOCIATION.
IT WAS BROUGHT TO MY ATTENTION THAT WE'RE HAVING THE MEETING HERE TODAY.
I THOUGHT IT WAS GONNA BE TOMORROW, BUT, UH, WE'RE, WE'RE DEFINITELY AGAINST IT.
WE HAVE LOTS OF ACREAGE, EIGHT FOOT FENCES ON THE SIDE.
A DEER WILL BARELY GO OVER A SIX FOOT.
YOU GOTTA REALLY BE IN A RUT TO GO OVER A, ANYTHING HIGHER THAN SIX, WHICH THERE'S NO PROBLEM ON THE SIDE.
BUT THE FRONT WE DEFINITELY DISAGREE WITH AND WE STRONGLY OPPOSED, UH, ANYTHING ABOVE SIX FEET.
SO YOUR, YOUR ASSOCIATION DID HAVE A, A MEETING AND DISCUSS THIS PARTICULAR, WELL, WE'RE HAVING ONE THIS THURSDAY, BUT THE BOARD OF DIRECTORS HAVE TALKED.
SO IT, IT'S, IT THAT WE, WE CAN, WE CAN DO A CONTINUANCE IF YOU WANT TO.
'CAUSE WE CAN TALK ABOUT IT ON THURSDAY.
THEN WE'LL SEE HOW THAT, IF A COMMISSIONER WOULD LIKE TO MAKE A MOTION FOR THAT.
I WAS JUST CURIOUS TO SEE HOW, YOU KNOW, DO Y'ALL ADVERTISE A MEETING THAT THERE'S GONNA BE A DISCUSSION ON THIS? OH, YEAH.
WE PUT OUT EMAILS TO EVERYBODY.
WE PUT, UH, WE HAVE SOME YARD SIGNS AROUND TO THE, UH, MAJOR ENTRANCES INTO OUR NEIGHBORHOOD.
AND SO, AND, AND THIS WILL BE, UH, A DECISION WE'VE FORMALLY RENDERED, UH, WITH THAT INTERACTION WITH THE APPLICANT.
SO IN TWO WEEKS YOU CAN, WE CAN HAVE SOME SORT OF ANSWER FROM THE NEIGHBOR ASSOCIATION.
SO LET'S HAVE THE APPLICANT COME BACK.
IS THERE ANYTHING ELSE YOU'D LIKE TO ADD, SIR? NO, WE'RE JUST HAVING ME OPPOSED TO THE EIGHT FOOT FENCE IN THE FRONT.
LET'S HAVE THE APPLICANT COME BACK UP THEN.
UH, WE DID, WE DID SEE SOME SITE, UH, VISIT PICTURES THAT SHOWED DEFENSE UP TO NINE AND A HALF FEET IN SOME AREAS.
YOU KNOW, 'CAUSE I'M, AND I ASKED IS THAT HAVE SOMETHING TO DO WITH LIKE RUING OF THE GROUND BECAUSE THESE ARE, THESE ARE LIKE PREFAB PANEL KIND OF LOOKING ITEMS. I MEAN, YOU KNOW, IF, I DON'T KNOW HOW IT WOULD GET THAT HIGH WITHOUT THE GROUND BEING BEING, AND WE DO HAVE THAT EXEMPTION THAT IF IT GOES UP AND DOWN WE CAN GET 'EM UP TO EIGHT FEET.
BUT AFTER EIGHT FEET, IT'S KIND OF WHERE IT IS, IS WHAT WE HAVE TO MEASURE IT OFF OF.
SO FOR THE APP, I'M SORRY, WHERE'S, SO WHAT, WHAT STAFF IS SAYING IS THAT THEY, THEY MEASURED A HANDFUL OF PLACES AT YOUR FENCE THAT GOT UP TO NINE AND A HALF FEET TALL.
THE FRONT YARD IS PRETTY FLAT STRAIGHT ACROSS.
WHEN I'M LOOKING AT THIS FENCE, I'M LOOKING AT SOMETHING THAT LOOKS PRE-MANUFACTURED.
LIKE IT'S TWO FOUR FOOT SECTIONS ON TOP OF EACH OTHER BASICALLY THAT SOMEONE COMBINED YES.
AND, AND, UH, I'M TRYING TO UNDERSTAND HOW IT COULD DEVIATE THAT MUCH UNLESS THE GROUND WAS RUTTED OUT UNDERNEATH OF IT.
I MEAN, IT, IT MIGHT HAVE BEEN.
WE'LL WE WILL MAKE SURE WE HIGHLIGHT THAT PICTURE IF IT'S ON BACKUP UP.
YEAH, BECAUSE WHAT I, I CAN'T BUY
[01:55:01]
THAT IT'S ABOVE EIGHT FEET, BUT IT, IT CAN'T REACH NINE.'CAUSE THERE, IT, IT IS MORE OR LESS TWO INCHES.
WELL, UNLESS THE BOTTOM OF THE GROUND GOT RUTTED OUT FROM A DRAIN DITCH AND THAT'S WHERE THEY WERE MEASURING IT OR SOMETHING.
AND THERE ARE DEER ACROSS THE STREET THAT JUMPED THE FENCE.
I CAN GO TO THE MEETING ON THUR ON THURSDAY AND, AND I CAN GATHER, I HAVE A NUMBER OF, SO WITH THAT, I'M LOOKING FOR A CONTINUANCE FOR TWO WEEKS.
IS DECEMBER 16TH UH, ADEQUATE? YES.
ALRIGHT, SO WE HAVE A, WE HAVE A MOTION AND A SECOND BY COMMISSIONER MANNEL IN FAVOR SAY AYE.
SO WE'LL SEE YOU IN TWO WEEKS.
WHAT WE'RE LOOKING FOR IS, UH, DIALOGUE, UH, FROM THE NEIGHBOR ASSOCIATION.
AND ALSO IF YOU COULD WALK THE FENCE AND LOOK TO SEE IF THERE'S ANY PLACES WHERE POSSIBLY THE HYATT EXCEEDS EIGHT AND A HALF FEET JUST TO BE I'LL ON THE SAFE SIDE.
AND ITEM NUMBER SIX, APPLICANT IS PRESENT.
ITEM NUMBER SIX, BO OA DASH 24 DASH 0 3 2 1 4.
ADDRESS BEING 5 22 ALVO STREET COUNSEL, DISTRICT FIVE APPLICANT BEING FRANCISCO LOPEZ.
A REQUEST FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE ONE INCH FROM THE EASTERN SIDE.
PROPERTY LINE ZONING IS R FOUR.
SUBJECT PROPERTY IS LOCATED EAST OF SOUTH ZZA MORA STREET, NORTHWEST OF RIO CITY ROAD.
ON ALVO STREET ON OCTOBER 15TH, 2024, CODE ENFORCEMENT WAS CONTACTED IN RESPONSE TO A CITIZEN'S COMPLAINT REGARDING CONSTRUCTION ON THE SUBJECT PROPERTY.
THE INVESTIGATION DETERMINED THAT THE BUILDING PERMITS HAD NOT BEEN OBTAINED PRIOR TO CONSTRUCTION AND STOP WORK WAS ISSUED.
THE APPLICANT ON BEHALF OF THE PROPERTY OWNER IS REQUESTING A FOUR FOOT 11 INCH VARIANCE TO ALLOW AN ATTACHED CARPORT TO REMAIN ONE INCH FROM THE EASTERN SIDE.
PROPERTY LINE PERMITS ARE PENDING THE RESULT OF THE BOARD OF ADJUSTMENT, THE SITE PLAN, THIS IS A CLOSER VIEW OF THE SITE PLAN SUBJECT PROPERTY.
THIS IS A HISTORICAL VIEW, UH, IMAGE IN, IN 2011, SHOW THAT THERE WAS AN EXISTING CARPORT.
UM, AND THEN THAT CARPORT WAS, UH, REMOVED AROUND SOMETIME BETWEEN 20 20 15.
AND THIS IS THE CARPORT AS IT EXISTS TODAY.
AND THIS IS THE, UH, WESTERN VIEW OF THE SUBJECT PROPERTY.
YOU WERE JUST SHOWING THIS TO, UH, SHOW THE ADDITION TO THE, TO THE HOUSE OR THE, OR THE, UH, CONSTRUCTION THAT WAS TAKING PLACE ON THE WESTERN SIDE AS WELL.
IT IS WITHIN AN ADMINISTRATIVE VARIANCE, SO WE DID NOT INCORPORATE THAT ONE.
AND THE FRONT SETBACKS WERE GOOD.
AND THIS IS A SURROUNDING AREA FOR THE SITES THAT A SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO OA DASH 24 DASH 0 3 2 4 BASED ON THE FOLLOWING FINDINGS OF FACT, THE VARIANCE WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND IT DOES NOT PROVIDE AN ADEQUATE DISTANCE FROM THE ESTABLISHED PROPERTY.
LINE TWO WILL NOT OBSERVE THE SPIRIT OF THE ORDINANCE AS A REDUCED SIDE SETBACK, INCREASES RISK OF FIRE SPREAD AND WATER RUNOFF INTO THE NEIGHBORING PROPERTY.
STAFF MAILED 39 NOTICES, ONE IN FAVOR, ZERO IN OPPOSITION.
AND COLIN GARDENS, OUR COLLINS GARDEN NEIGHBORHOOD ASSOCIATION WAS IN OPPOSITION.
AND THEN OPPOSITION WAS FROM COLLINS GARDEN.
THIS CONCLUDES STAFF'S PRESENTATION.
I HAVE THE APPLICANT COME FORWARD.
[02:00:01]
SHE'S FRANCISCO LOPEZ AND SHE LIVES AT THIS ADDRESS OF 55 22 VO.SHE SAID THERE WAS A, BEFORE THERE WAS A, SHE'S CALLING, UH, A CARPORT THAT WAS THERE AND WAS REMOVED.
SHE SAID SHE WANTS TO KEEP THIS CARPORT BECAUSE IT HELPS HER GET HOME AND GO IN HER HOUSE WITHOUT GETTING RAINED ON IF IT'S RAINING.
UH, THE, THE, THE SKETCH SHOWS THAT THE CARPORT IS 86 AND A HALF FEET LONG.
HOW LONG WAS THE PREVIOUS CARPORT? IT WAS ABOUT SIX FEET SHORTER.
AND ARE YOU PARKING, HOW MANY CARS ARE YOU TRYING TO PARK UNDER THERE? ONLY ONE.
SOMETIMES SHE GETS A VISITOR, BUT MOSTLY IT'S JUST HERS.
ANY OTHER QUESTIONS? CRUZ, ANNA? UH, COMMISSIONER CRUZ? UM, YES, IT'S THE CARPORT ATTACHED TO THE HOME AND SHE DOESN'T HAVE A SIDE ENTRANCE TO THE HOME.
SHE'S GOTTA GO THROUGH THE FRONT, IS THAT CORRECT? THAT'S RIGHT.
UM, SO, SO IT LOOKS LIKE THIS IS REALLY CLOSE TO THE SIDE AND THERE ARE NO GUTTERS ON THIS.
UM, SO IT WOULD APPEAR THAT ANY RAIN THAT COMES IS GOING TO BE DROPPING STRAIGHT ONTO YOUR NEIGHBOR PROPERTY? THAT'S RIGHT.
SHE DOES NOT HAVE, UM, THE, UH, DRAINAGE FOR THE, FOR THE ROOF AREA.
AND SECOND QUESTION IS THE NEIGHBOR, UM, UM, ON THAT SIDE, HOW FAR ARE THEY AWAY FROM THE FENCE? SHE SAYS THESE ARE HOUSES THAT WERE BUILT A LONG TIME AGO AND THEY'RE CLOSE TOGETHER.
AND THAT, THAT'S HONESTLY MY CONCERN, SIMPLY BECAUSE THE HOMES ARE REALLY CLOSE.
AND SO HAVING THIS CARPORT CLOSE AS WELL, UH, HAS SOME CHALLENGES WITH REGARDS TO THE POTENTIAL FOR FIRES AND THAT, SO THAT'S ALWAYS A CONCERN FOR ME AT LEAST.
AND, AND IS THERE A NEED FOR IT TO BE 86 FEET LONG? MM-HMM,
WELL, DOES IT NEED TO BE THAT WIDE IF IT'S, I MEAN, I'M TRYING TO EXPLAIN THE QUESTION.
I DON'T, THE, THE SKETCH IS SHOWING THAT THE CARPORT IS 11 FEET WIDE.
AND SO, YOU KNOW, ONE THING THIS, THIS COMMISSION CAN DO IS ALLOW A CARPORT ALL THE WAY, YOU KNOW, AS MUCH AS SHE'S ASKING
[02:05:01]
OR LESS UHHUH.AND ALSO LOOK AT THE DIS THE LENGTH.
AND SO IS, IS, IS THERE A NEED, A TRUE NEED FOR IT TO BE 11 FEET WIDE FOR SO ON CPS? THE ANSWER, SHE SAID THAT IT WOULD BE, UH, DIFFICULTY FOR HER TO DO THAT.
ANY OTHER QUESTIONS FROM THE COMMISSION? MANNA ANA? SO THE QUESTION FOR MAYBE CITY STAFFORD, JUST MAYBE SOMEONE ELSE ON THE BOARD HERE.
SO, SO WHEN WE FIREPROOF A STRUCTURE, SO THIS IS A WOODEN STRUCTURE, UM, YOU KNOW, SO, UM, SO THIS WOULD ABSOLUTELY HAVE TO BE FIRE RATED.
CAN THIS BE MAY FIRE RATED? YOU KNOW, JUST A QUESTION.
I I, YOU KNOW, IS THAT EVEN A POSSIBILITY I HAVE TO SAY AS, AS IS SO WITH CLADDING OR SOMETHING? I MEAN, WOULD THAT, WOULD THAT GET US TO FIRE RATING? UM, I COULDN'T TELL YOU THAT'S, THAT'S PART OF A PERMANENT PROCESS THEY WOULD'VE TO GO THROUGH.
SO ANY EXPERIENCE, SO FROM PRIOR EXPERIENCE HERE, FROM SOMEBODY ON THE BOARD,
SO, SO TO ME, UM, IT, IT LOOKS LIKE MINIMALLY THERE'S GONNA HAVE TO BE A LOT OF STUFF DONE THIS ALREADY.
AND SO THEREFORE I THINK, YOU KNOW, IT OPENS A DIALOGUE FOR MAKING IT SMALLER.
YEAH, THERE IS A FIRE RETARDANT PAINT.
WE HAD TO USE IT AT THE POST 76 ON OUR DECK.
THE CITY MADE US PUT SOME FIRE RETARDANT PAINT, SO THAT IS POSSIBLE.
IS THERE ANYONE SIGNED UP TO SPEAK OR VOICEMAILS? NO PUBLIC COMMENT.
ARE THERE ANY OTHER QUESTIONS? UH, THIS IS IVANEZ, UM, WITH THE APPLICANT.
CONSIDER, UH, THE GUTTERS ON THE SIDE OF, UH, YES, SHE DOES.
SHE BE WILLING TO PUT THE GUTTERS IN.
SO WE HAVE AN AMENDMENT TO THE APP APPLICANT, UH, APPLICATION TO INCLUDE GUTTERS.
IS THERE ANY OTHER QUESTIONS? SO WHAT I WOULD, WHAT I WOULD, UH, WHAT I WOULD RECOMMEND TO WHOEVER MAKES A MOTION IS JUST BE, UH, CONSCIOUS OF THE FACT THAT THIS THING IS 86 AND A HALF FEET LONG IF YOU WANTED TO PUT A LENGTH, UH, ON THE, IN, IN THE MOTION SOMEHOW.
AND THAT THE MO THE APPLICANT HAS AMENDED TO INCLUDE GUTTERS, UH, AND THE WIDTH ACCORDING TO THE SKETCH IS 11 FEET.
SO ANYBODY LIKE TO MAKE A MOTION? MANNA COMMISSIONER MANNA, REGARDING CASE NUMBER BO 8 2 4 1 0 3 0 0 2 1 4, I MOVED THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE TWO FOOT FROM THE EASTERN SIDE PROPERTY LINE, INCLUDING GUTTERS SITUATED AT 5 2 2 CEVALLO STREET, A BEING FRANCISCO SAN FRANCISCO LOPEZ, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER'S PROPERTY IS SUCH A LITERAL ENFORCEMENT, THE PROVISIONS OF THE UDC AS AMENDED WOULD, UH, RESULT IN NECESSARY HARDSHIP.
ALSO, I'D LIKE TO AMEND M SO THAT IT'S ONLY 30 FOOT DEEP.
SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
STAFF FINDS REDUCED SIDE SETBACK TO BE CONTRARY TO THE PUBLIC INTEREST AS A ONE FOOT SIDE SETBACK PROVIDES SUFFICIENT SPACE FOR NEIGHBORING PROPERTIES AND IS NOT OUT OF CHARACTER FOR THE DISTRICT.
TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
STAFF FOUND A SPECIAL CONDITION EXISTS ON THE PROPERTY WHERE A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD NOT PROVIDE THE ADEQUATE SPACE NEEDED TO CONSTRUCT A FUNCTIONAL CARPORT.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
UH, THE REQUEST APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE AS A SIDE SETBACK PROVIDES ADEQUATE DISTANCE BETWEEN THE PROPOSED STRUCTURE AND PROPERTY LINE TO ENSURE PROPER MAINTENANCE AND SEPARATION CAN OCCUR.
FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH IS VARIANCE IS LOCATED.
[02:10:01]
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY ENTER THE APPROPRIATE USE OF ADJACENT CORRY PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT, WHICH THIS PROPERTY IS LOCATED.
A FI OR A TWO FOOT SIDE SETBACK WILL LEASE SUFFICIENT ROOM FOR THE NEIGHBORING PROPERTIES AND NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS IT ADHERES TO OTHER SETBACK REQUIREMENTS.
THREE, THE, UH, APPLY TO THE SIX, THE PLY TO THE OWNER OF THE 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 IN WHICH THIS PROPERTY IS LOCATED.
STAFF FINDS APPLY THE OWNER OF THE PROPERTY FOR ITS VARIANCE AS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON PROPERTY AND DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION.
IS THERE A SECOND? IS THERE A SECOND? SECOND.
SECOND BY COMMISSIONER BENAVIDEZ.
SO WE, WE DID BRING IT IN, UM, TWO FOOT, UH, SO THAT THERE WAS A TWO FOOT SIDE, UH, WITH THE GUTTERS, UH, AND FOR 30 FOOT LENGTH.
AND THE REASON I THINK THAT THAT IS, UM, VALID HERE IS THAT IT DOES GIVE ME AT LEAST FIVE FOOT TO THE ADJOINING PROPERTY, WHICH IS A MINIMUM, I WOULD SAY, UH, UH, FOR SUPPRESSING THE, THE FIRE SPREAD.
AND SO I THINK WITH THAT, UM, AND THEN THE 30 FOOT LENGTH I THINK DOESN'T CAUSE THE WHOLE, UM, UH, BACK TO BE, UM, OR IT'S NOT, UH, BLOCKING USE OF THE NEIGHBORING PROPERTY FOR THE WHOLE DISTANCE.
AND THE APPLICANT CAN MAKE IT SMALLER IN THE BACK AND IF THEY STILL WISH IT FOR IT TO BE THAT LONG AND STILL PROTECT THEIR PROPERTIES.
AND JUST TO CLARIFY, UH, COMMISSIONER MANNA, YOU READ AS A, UH, FOUR FOOT VARIANCE TO ALLOW TO BE ONE FEET OR TWO FEET? NO, TWO FOOT.
SO A, SO A THREE FOOT VARIANCE, THREE FOOT VARIANCE FOR TWO FOOT? NO, I SAID TWO FOOT, THREE FOOT.
SO TWO FOOT VARIANCE TO ALLOW A THREE FOOT, UM, MINIMUM SIDE SETBACK REQUIREMENT.
AND TO, AND ALSO LIMITED FOR 30 FOOT IN DEPTH.
I NEED SOME MORE CLARIFICATION.
SO WHAT HAPPENED? UH, COMMISSIONER MANNA, UH, READ THE MOTION, UH, NOT AS REQUESTED BY THE APPLICANT, BUT HE, HE, IT WAS READ TO BE A, UH, TWO FOOT VARIANCE FROM THE FIVE FOOT SIDE SETBACK, UH, TO ALLOW, TO ALLOW THE STRUCTURE TO BE AS CLOSE AS THREE FEET WITH GUTTERS TO THE SIDE PROPERTY LINE LIMITED TO 30 FEET LONG.
UH, AND SO WHAT WHAT WE HAVE IS, UH, UH, I WANT TO HEAR FROM THE SECOND AND THEN WE, WE'LL, WE'LL ENTERTAIN ANY, UH, FRIENDLY AMENDMENTS AND SEE HOW THIS TURNS OUT.
BUT COMMISSIONER BENAVIDES, I CONCUR WITH MY, WITH MY COLLEAGUE REGARDING THE LENGTH AND THE WIDTH AND THE GUTTERS.
SO WITH THAT, IS THERE ANY OTHER COMMISSIONERS WHO WOULD LIKE TO REQUEST A FRIENDLY AMENDMENT? YES, COMMISSIONER DEAN, I WOULD LIKE TO SPLIT THE DIFFERENCE AND I WILL GO 60 FEET LONG THAT WILL ALLOW FOR THREE CARS.
A CAR SPOT IS ROUGHLY NINE BY 18.
DO YOU ACCEPT THAT AS 60 FEET LONG? I HAVE NO PROBLEM WITH THAT.
SO AND THEN YOU SAID THREE FEET THIS SIDE, RIGHT.
IT WOULD BE THREE FOOT, UH, OFFSET FROM THE SIDE PROPERTY LINE THAT WAS A TOTAL WIDTH OF THAT, AT LEAST NINE FEET FROM IT WOULD, RIGHT NOW THE CARPORT IS 11 FEET LONG, SO THAT WOULD MAKE IT ABOUT EIGHT FEET WIDE.
SO THERE'S A FRIENDLY AMENDMENT TO MAKE IT, UH, A TWO FOOT VARIANCE.
I'D LIKE TO HEAR SOMEBODY ELSE CONCUR WITH THAT.
'CAUSE I JUST WALKED A PARKING LOT.
IT WAS, THERE WAS EIGHT FOOT SLOTS THERE ALL OVER THE PLACE.
SO, BUT IF SOMEBODY ELSE THINKS THAT IT SHOULD BE THAT WIDE, THEN STEVENS COMMISSIONER STEVENS THE STANDARD PARKING SPACE NINE BY 18 TYPICALLY.
SO, UM, I DON'T HAVE AN ISSUE.
I PERSONALLY DON'T HAVE AN ISSUE OF BEING TWO FEET OFF.
UM, 60 FEET LONG IS KINDA LONG, UH, ESPECIALLY SINCE THE APPLICANT STATED THEY ONLY HAVE ONE CAR.
WE CAN STICK WITH 60, BUT SO THERE'S A FRIENDLY AMENDMENT TO, TO GET IT DOWN TO A TWO FOOT.
SO IN THE 60 FEET AS WELL, IF THAT'S WHAT WE WANNA DO.
COMMISSIONER BENAVIDEZ, IS THAT ACCEPTABLE TO YOU? YES, IT IS.
SO WE HAVE A MOTION THAT HAS BEEN AMENDED, UH, TO, TO NOW BE A THREE, UH, TWO FOOT VARIANCE, UH, FROM
[02:15:01]
THE FIVE FOOT SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE THREE FOOT VARIANCE, I'M SORRY, THREE FOOT VARIANCE TO ALLOW A STRUCTURE TO BE TWO FEET OFF THE SIDE PROPERTY LINE LIMITED TO 60 FEET LONG.WOULD IT BE HELPFUL TO CLARIFY WHERE THAT 60 FEET BEGINS AND ENDS? IS THAT NECESSARY FOR LEGAL? UH, ASSUMING THE FRONT WILL BE THE, WOULD BE THE STARTING POINT.
I YOU DON'T, I DON'T THINK YOU NECESSARILY HAVE TO, BUT OKAY.
UH, I THINK WE'RE READY TO MOVE ON.
SO WITH THAT, LET'S HAVE A ROLL CALL VOTE UNLESS THERE'S SOMETHING ELSE SOMEONE WOULD LIKE TO ADD.
HEARING NONE, LET'S HAVE A ROLL CALL VOTE.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDES? I CONCUR.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER YBANEZ? I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER VASQUEZ? I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
MOTION PASSES, UH, UNANIMOUSLY.
UH, IF SHE ASKS QUESTIONS, UM, STAFF COULD.
ITEM NUMBER EIGHT, BO OA DASH 24 DASH 0 3 0 0 2 1 16.
ADDRESS BEING 3 3 2 FLORIDA STREET COUNCIL DISTRICT ONE, APPLICANT FRENCH AND MICHIGAN LLCA REQUEST FOR A THREE FOOT FIVE INCH VARIANCE FROM THE MINIMUM FIVE FOOT REAR SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE ONE FOOT SEVEN INCHES FROM THE REAR PROPERTY.
SUBJECT PROPERTY IS LOCATED WEST OF INTERSTATE 37 WITHIN IN LACA HISTORIC DISTRICT ON THE CORNER OF FLORIDA STREET AND BURN STREET INTERSECTION.
THE APPLICANT ON BEHALF OF THE PROPERTY OWNER IS PROPOSING CONSTRUCTION OF A CARPORT ONTO A DETACHED ACCESSORIES DWELLING UNIT.
THE APPLICANT IS SEEKING A THREE FOOT FIVE INCH REAR SETBACK VARIANCE TO ALLOW THE CARPORT TO BE ONE INCH, ONE FOOT SEVEN INCHES FROM THE REAR SETBACK.
THE APPLICANT WILL NEED TO PROCURE A CERTIFICATE OF APPROPRIATENESS FROM THE OFFICE OF HISTORIC PRESERVATION PRIOR TO CONSTRUCTION.
PERMITS ARE PENDING THE RESULT OF THE BOARD OF ADJUSTMENT.
THIS IS THE SITE PLAN AND, UH, LOT SURVEY.
THIS IS AN UP CLOSE, UH, VIEW OF THE SITE PLAN, UH, ZOOMED IN ON THE ACTUAL DETACHED STRUCTURE.
AND THIS IS THE APPROVED SITE PLAN OF THE STRUCTURE, UM, THAT HAS BEEN SUBMITTED TO A-D-A-H-D-R-C.
AND THIS IS THE TOP PORTION IS THE PRIMARY STRUCTURE ON FLORIDA STREET.
AND THEN THIS BOTTOM, UH, PHOTO IS THE FRONT VIEW OF THE ACCESSORY DWELLING ON THE PROPERTY TOWARDS THE REAR OF THE PROPERTY.
AND THIS WOULD BE THE HISTORICAL VIEW OF THAT ENTRANCEWAY BEHIND THE PRIMARY STRUCTURE.
AND THEN THE VIEW OF THE REAR SETBACK OF ACCESSORY DWELLING PROPOSED AREA FOR THE ATTACHED, UH, CARPORT.
AND THESE ARE JUST DIFFERENT VIEWS IN RELATION TO THE PRIMARY STRUCTURE.
AND THIS IS THE VIEW ACROSS FROM THE SUBJECT PROPERTY FROM BERNIE STREET AND INTERSECTION, UH, BERNIE STREET IN FLORIDA AND SURROUNDING AREA.
THE REAR SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO OA DASH 24 DASH 0 3 2 16 BASED ON THE FOLLOWING FINDINGS OF FACT.
ONE, THE DISTANCE IS NOT SUITABLE AS IT IMPOSES ON THE PUBLIC INTEREST OF ADJACENT NEIGHBOR BEING TWO, CLOSED TO THE SHARED PROPERTY LINE LIMITS ACCESS, GENERAL UPKEEP OF THE STRUCTURE AND WILL CREATE WATER RUNOFF ONTO NEIGHBORING LOT TO THE APPLICANT COULD RESTRUCTURE THE CARPORT TO COMPLY WITH SETBACK REGULATIONS.
ONE IN FAVOR, ZERO IN OPPOSITION.
[02:20:01]
LA VACCA DID REPLY.UM, IT IS IN MY EMAIL SO I CAN PROVIDE THAT EMAIL SHORTLY, UH, IN FAVOR.
AND THAT CONCLUDES STAFF'S PRESENTATION.
IF YOU COULD BRING UP YOUR SITE PLAN MAP.
YOU KNOW WHERE I'M GOING? I DON'T KNOW.
SO YOU SEE WHERE THE YELLOW NUMBER, WE SEE THE, UH, WHERE THE STRUCTURE IS, AND YOU SEE HOW THE PROPERTY LINE, UH, UH, LEAD IT'S RUNNING AND IT KICKS UP NINE DEGREES AND KICKS OVER, AND THEN YOU'RE ONE FOOT SEVEN.
BUT IF YOU GO TO THE AERIAL MAP, WHICH CORRESPONDS WITH BARE APPRAISAL DISTRICT MATTER.
YES, I KNOW WHERE YOU'RE GOING WITH THIS.
AND THIS HAS BEEN BROUGHT UP TO THE APPLICANT AND WE DECIDED, UH, WELL, THEY DECIDED TO MOVE FORWARD WITH IT JUST TO BE ON THE SAFE SIDE.
'CAUSE THEY MAY NOT EVEN NEED A VARIANCE.
I MEET A HUNDRED PERCENT AND WE AGREE, UH, WE HAD THAT CONVERSATION PRIOR TO, DOES EVERYBODY ON THE COMMISSION KNOW WHERE I'M TALKING ABOUT? UH, BEAR COUNTY.
OKAY, SO BRING UP THE AERIAL PLEASE.
WHERE? PULL UP THE, IS THAT IN THE FOLDER? YEAH.
NO, THE AERIAL MAP, IT HAS THE ZONING ON IT AND OH, IT'S RIGHT HERE.
SO YOU CAN SEE FROM THE STREET IT COMES, THE PROPERTY LINE BOWS DOWN AND BOWS BACK UP, BUT THE APPLICANT'S SIDE PLAN SHOWS IT GOING STRAIGHT DOWN, STRAIGHT OVER DOWN, I MEAN UP AND THEN OVER.
SO THERE VERY WELL MAYBE AN EXCESS OF FIVE FEET BETWEEN THIS INTENDED STRUCTURE AND THE PROPERTY.
THERE'S A COUPLE THINGS GOING ON WITH THIS PROPERTY THAT, UM, MADE ME, UH, NEED TO TALK TO PLATTING.
SO THERE ALSO IS A DI DIVIDE ON THIS PROPERTY THAT MAY BE A PLATTING ISSUE.
WE HAVE DISCUSSED THAT AS WELL.
UM, AND THE PURPOSES OF THIS, THEY THINK THAT THIS, UM, WE AGREED THAT IT, THEY MAY HAVE MORE PROPERTY ON THE END, BUT THIS ACCORDING TO THE, UM, APPLICANT, UM, THIS IS THE MOST CURRENT SURVEY THEY HAD ON FILE.
SO THEY WERE TRYING TO BE CONSERVATIVE IN THE OFF CHANCE THAT THEY DID NOT BECAUSE YEAH.
THIS, THIS IS A SURVEY DONE BY COOK ENGINEERING.
I RECOGNIZE IT WELL, UH, BUT, UM, THEY, THEY, UM, WELL, LET'S HAVE THE APPLICANT COME FORWARD.
SO, SO IF WE FOLLOW DOWN THE LINE OF THOUGHT THAT YOU'RE GOING, AND IF IT'S THAT WE GRANT IT FOR THE, THE VARIANCE AND IT IS DETERMINED THAT THEY ACTUALLY HAVE MORE PROPERTY, THEN THEY COULD MAKE THE STRUCTURE LARGER.
UH, THEN THEY, THE, THE, IS THAT TRUE LEGAL? SO IF WE GRANT A, UM, A, A VARIANCE DOWN AS, AS BEING REQUESTED, AND IT TURNS OUT THEIR PROPERTY IS A LITTLE BIT MORE SO THAT THEY, THEY CAN MAKE THEIR STRUCTURE MORE.
SO IS THAT TRUE? SO IF YOUR THE VARIANCE IS FROM THE PROPERTY LINE, THEN IT WOULD BE WHATEVER THE PROPERTY LINE IS.
AND SO IS, SO THIS COULD BE RESOLVED PRETTY QUICKLY.
IS THERE A, UM, LET'S HAVE THE APPLICANT COME FORWARD.
OF ALL, AND JUST IN COMPARISON, I WAS LOOKING AT THE DISTANCES ON THE SURVEY.
YOU SEE HOW IT'S 180 1 ALONG THE SIDE THERE? MM-HMM.
I DID A DISTANCE CALCULATION ON THE MAP.
SO I BELIEVE THE SURVEY IS INCLUDING THAT AREA, BUT IT CAN'T, I'M JUST SAYING THAT BCA, WHAT THEY'RE PAYING TAXES ON UP.
IT JUST COME, IT'S JUST A STRAIGHT BEND LIKE THIS.
THIS IS NOT WHAT'S SOMEBODY'S RIGHT.
SO STATE YOUR NAME AND, HELLO, I'M NATHAN MANFORD WITH FRENCH OF MICHIGAN, REPRESENTING THE OWNERS.
WERE THE DESIGN FIRM WHO HAS BEEN WORKING WITH THE OWNERS FOR THE LAST YEAR OR SO ON, IMPROVING THE PROPERTY.
THEY'VE HAD THIS PROPERTY FOR SEVERAL YEARS.
THEY'RE FINALLY, YOU KNOW, PUTTING SOME MONEY INTO, UM, IMPROVING EVERYTHING.
SO WE DID ACTUALLY REMOVE SOME COMPONENTS OF THE EXISTING BUILDING THAT WERE, UM, ENCROACHING INTO THE ORIGINAL OR INTO THE SETBACKS, CONVINCE THE OWNERS TO TAKE IT BACK DOWN TO FIT WITHIN THOSE SETBACKS.
AND THEN, YOU KNOW, RESTORE THINGS FROM THERE.
THE, THE THINGS THAT WERE ENCROACHING INTO THE ORIGINAL SETBACKS WERE POOR ADDITIONS THAT HAD BEEN DONE PROBABLY IN THE EIGHTIES BY PREVIOUS OWNERS.
SO WE SHRUNK THE, THE, UH, FOOTPRINT OF THE BUILDING BACK DOWN, STARTED TO IMPROVE IT, THE OWNERS FOR THE FIRST FLOOR, THE OWNERS WOULD LIKE THAT TO BE LIVING SPACE FOR A FAMILY WHO HAS MOBILITY ISSUES.
SO THE NEXT PART OF THE CONVERSATION WAS SITE IMPROVEMENTS AND DOING PERHAPS A CARPORT TO THE
[02:25:01]
STRUCTURE DIRECTLY ATTACHED SO THAT THEIR FAMILY MEMBER COULD HAVE ACCESS INTO THE HOUSE.WE COULDN'T DO ANYTHING ON THE FRONT BECAUSE THERE'S A HISTORIC PORCH THAT WAS BEING, UH, RESTORED THAT'S PART OF THE FRONT OF THE FACADE.
IT WOULDN'T MAKE SENSE TO DO A CARPORT THAT WOULD BECOME TO COME OUT LONG BECAUSE THEN WE WOULD, UM, BE, UM, BE HAVING ISSUES WITH PEOPLE COMING IN TO PARK ON THE REST OF THE PROPERTY BEHIND THE MAIN HOUSE.
SO IT WOULD START TO, YOU KNOW, SQUEEZE THAT DOWN BASED ON WHERE PARK PAVING'S GONNA BE.
SO THE NATURAL PLACE WE LOOKED AT WAS GOING OFF THE BACK, UM, FOR A SMALL ONE CAR CARPORT.
THIS WHOLE ISSUE OF THE PROPERTY WAS BROUGHT TO OUR ATTENTION RIGHT BEFORE THE HOLIDAYS LAST WEEK, UH, THROUGH WORKING WITH BOARD OF ADJUSTMENTS.
UM, THEY HAD ACTUALLY NOTICED THIS WHEN THEY WERE LOOKING AT RECORDS OF THE PROPERTY.
SO WE DON'T KNOW WHAT'S EXACTLY CORRECT AND BCAT OFTEN ISN'T ALWAYS RIGHT WITH HOW THEIR THINGS ARE LAID OUT.
SO WE FELT THE MOST CONSERVATIVE THING WAS TO TAKE THE STEPHEN G. COOK SURVEY AND UTILIZE THAT.
STEPH, CAN YOU BRING UP THAT SURVEY AGAIN? I CAN TELL YOU THE OWNER'S INTENTION IS NOT TO BUILD ANYTHING LARGER THAN WHAT WE'RE LOOKING TO DO.
ZOOM, ZOOM INTO THAT A LITTLE BIT.
SO ON THE DEED IT IS, IT IS SAYING THAT IS A PORTION, THERE'S A PORTION OF 17 AND 18 THAT THEY HAVE.
AND THE DEED THAT, THAT CONVEYED THE PROPERTY IS, IS, UH, LOOKING PRETTY CLOSE TO YEAH, THIS IS RIGHT ON THE MONEY WITH WHAT'S SHOWN IN THAT SURVEY.
SO THE MEETS AND BOUNDS ON THE DEED MATCHES.
AND SO, AND SO WE'RE THINKING THAT DASH LINE, EVEN THOUGH IT'S NOT NOTED ON THIS SURVEY, MAY BE THAT LOT LINE.
WELL, THE, THE, THE PROPERTY THAT THAT'S, THAT IS OWNED IS, IS ACTUALLY A PIECE OF, UM, EIGHT.
AND IT'S A PIECE OF, UM, 17, 18, AND OH, ALL OF LOTS.
EIGHT, NINE, AND A AND A PORTION OF 17 AND 18.
AND SO THIS, THIS, THIS IS WHAT WAS CONVEYED IN THE DEED.
UH, THE THING IS, IS THAT YOU SEE ON THE SURVEY WHERE THE CONCRETE DRIVEWAY IS CALLED OUT ON THE BOTTOM RIGHT HAND CORNER.
THIS LINE THAT I THINK IS AGONAL.
SO ON THE AERIAL, WHERE IS THAT DRIVEWAY IN RELATION TO THE STRUCTURE THAT YOU'RE, 'CAUSE ON YOUR PLAN, YOU'RE SHOWING A DRIVEWAY, UM, YOU KNOW, THAT EXISTING DRIVEWAY.
IS THAT, ARE YOU INTENDING TO BUILD A STRUCTURE IN FRONT OF THAT EXISTING DRIVEWAY? NO, WHATEVER'S IN FRONT OF THAT EXISTING DRIVEWAY IS ALREADY EXISTING.
SO THERE'S A PORCH THAT COMES.
THIS IS THE STRUCTURE HERE WE'RE TALKING ABOUT.
THE LINE WE THE DRIVEWAY ON THE DRIVEWAY THAT'S ON BERNIE AVENUE.
THE BOTTOM RIGHT ON THE BOTTOM RIGHT CORNER.
YOUR STRUCTURE IS GOING TO BE DIRECTLY IN FRONT OF THE ACTUAL APRON.
IS THAT TRUE? OUR STRUCTURE IS BACK HERE.
YES, I KNOW, BUT IT'S STILL IN.
IT ALIGNS WITH, BUT IT ALIGNS.
AND IT IS IN FRONT OF, IF I'M WALKING ON THE APRON AND I'M WALKING STRAIGHT AHEAD, AM I GONNA RUN INTO THE STRUCTURE? YES.
'CAUSE SEE, YOU'RE SHOWING A TWO STORY RESIDENCE ON THE SURVEY, AND YOU'RE NOT TOUCHING THE FOOTPRINT OF THAT SQUARE ON THE, ON THE ACTUAL SURVEY.
THIS FOOTPRINT, WE ARE NOT GO TO THE RIGHT, GO TO THE RIGHT.
SEE WHERE IT SAYS TWO STORY RESIDENCE.
MOVE YOUR, YOUR LASER POINTER TO THE SURVEY.
SEE WHERE IT SAYS TWO STORY RESIDENCE? ARE YOU CHANGING THAT? THIS ONE, THE FOOT, THE FOOTPRINT OF THE TWO STORY, STORY RESIDENCE.
I'M NOT, WE'RE NOT, THIS IS, WE ARE NOT CHANGING THIS.
AND SO YOUR INTENT IS TO BUILD A CARPORT ON THE SIDE OF THAT EXISTING, ON THE BACK, ON THE REAR HERE.
SO IT LOOKS LIKE, IT LOOKS LIKE YOU WOULD NEED A, WHAT YOU'RE ASKING FOR IS WHAT YOU NEED IS WHAT IT LOOKS LIKE.
UM, AND THE REASON WE DECIDED WE DIDN'T DO A CARPORT ON THE SIDE IS BECAUSE THAT WOULD, THAT WOULD ENCROACH INTO THE DRIVABLE SPACE OF VEHICLES COMING ONTO THE BACK OF THE PROPERTY FOR THE MAIN HOUSE.
AND WE HAVE SUBMITTED DOCUMENTATION TO HDRC AND IT WAS, THE DESIGN WAS APPROVED CONCEPTUAL APPROVAL, OR DID THEY? NO FINAL APPROVAL.
DO YOU GUYS, AND THAT WAS SUBMITTED WITH THE APPLICATION PACKAGE.
SO THIS, WHAT WE'RE SEEING RIGHT NOW IS, HAS A CERTIFICATE OF APPROPRIATENESS.
AND IT, I'M SORRY, I DON'T HAVE THE DOCUMENT IN FRONT OF ME.
IF IT'S NOT A CERTIFICATE OF APPROPRIATENESS, IT'S A LETTER OF, UH, ACTION.
AN ACTION LETTER WHERE WE WOULD NEED TO PROBABLY JUST GIVE THEM THE, YOU KNOW, THE METAL ROOF THAT WE'RE, SO YOU HAD A PUBLIC MEETING.
AND THE BUT THE DIRECTOR HASN'T ISSUED THE FORMAL LETTER YET? NO, THE LETTER I SUBMITTED WITH THE PACKAGE.
ANY OTHER QUESTIONS FROM THE COMMISSION? ALRIGHT, HEARING
[02:30:01]
NONE.UH, IS THERE ANYONE, SENATOR, TO SPEAK ANY VOICEMAILS? THERE'S NO PUBLIC COMMENT.
UH, WELL, WHOEVER MAKES A MOTION ON THIS, I WOULDN'T, I WOULD, UH, RECOMMEND LIMITING IT TO WHAT IS ON THAT SURVEY, UH, WHICH IS, UH, 21 FEET, EIGHT INCHES COMMENCING 10 FEET FIVE INCHES FROM THE, UH, WEST PROPERTY LINE.
AND JUST TO REITERATE, THE OWNERS HAVE NO INTENTION OF BUILDING ANYTHING LARGER.
NO, I KNOW, BUT IF WE DON'T ORDER THE, SO I KNOW YEAH.
I GET THAT 50 YEARS FROM NOW, THEY COULD TAKE ADVANTAGE AS PART OF THE PROBLEM.
UM, DOES ANYBODY WANT TO TAKE A STAB AT THIS MOTION? OKAY.
SO WHAT YOU'RE SAYING IS IT'S ALL YOU.
I'M AFRAID YOU'RE GONNA SAY THAT.
SO, REGARDING CASE NUMBER BO EIGHT DASH 24 DASH 1 0 3 0 2 16, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A THREE FOOT FIVE INCH VARIANCE FROM THE MINIMUM FIVE FOOT REAR SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE ONE FOOT SEVEN INCHES FROM THE REAR PROPERTY LINE, LIMITED TO 22 FEET LONG, AND NO CLOSER THAN 11 THAN 10 FEET TO THE WEST SIDE PROPERTY LINE SITUATED AT 3 3 2 FLORIDA STREET, APPLICANT BEING, UH, FRENCH AND MICHIGAN LLC.
BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE HAVE DETERMINED, UM, SHOW THAT THE PHYSICAL CARE TO THIS PROPERTY IS SUCH A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD REQUEST WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
STAFF FINDS THAT THE REDUCED RISK SETBACK IS NOT CONTRARY TO THE PUBLIC INTEREST AS THE PROPOSED WERE SETBACK PROVIDES SUFFICIENT SPACE BETWEEN NEIGHBORING PROPERTIES AND IS NOT OUTTA CHARACTER FOR THE DISTRICT.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP.
STAFF FOUND A SPECIAL CONDITION EXISTING ON THE PROPERTY WHERE A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD NOT PROVIDE THE ADEQUATE SPACE NEEDED TO CONSTRUCT A FUNCTIONAL CARPORT.
THREE, BY GRANTING THE VARIANCE AND SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE REQUEST, THE REQUEST APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE AS A ONE FOOT REAR SETBACK, UH, LIMITED TO 2 22 FOOT WIDE, PROVIDES ADEQUATE DISTANCE BETWEEN THE PROPOSED STRUCTURE AND THE PROPERTY LINES TO ENSURE PROPER MAINTENANCE AND SEPARATION CAN OCCUR.
FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE SHALL NOT SUBSTANTIALLY ENTER THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALL TO THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
A ONE FOOT SEVEN INCH REAR SETBACK LIMITED TO 22 FEET LONG WILL LEAVE A SUFFICIENT ROOM FOR THE NEIGHBORING PROPERTIES AND, AND NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS IT ADHERES TO OTHER SETBACK REQUIREMENTS.
SIX, APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SIZE DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY, ARE NOT MERELY FINANCIAL AND NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS THAT THE PLIGHT OF THE OWNER OF THE PROPERTY FOR VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION.
SECOND, SECOND BY COMMISSIONER STEVENS.
I'M IN, I'M IN SUPPORT OF THIS FOR A FEW REASONS.
ONE, THERE'S A, IT'S LIMITED, UH, UM, IN SIZE.
IT'S BEEN BEEN APPROVED BY THE HRC THROUGH A PUBLIC MEETING.
AND THREE, UH, THE SURVEY DOES SHOW THAT OFF OF BERNIE AVENUE, THERE IS A, UM, APPROXIMATE TWO FOOT NINE, UH, FOOT.
OR, I'M SORRY, SEVEN FOOT TWO, UH, 7.02 FOOT, UH, BUMP DOWN TO THE SOUTH.
THAT WOULD, UH, PROVIDE AT, UH, ADDITIONAL, UM, UH, SETBACK ACROSS THE REAR OF THE LOT.
AND I GUESS THREE, THE NEIGHBORING PROPERTY DOESN'T HAVE A STRUCTURE NEARBY IN THAT BACK CORNER, SO I'LL BE IN SUPPORT AS RED.
I AGREE WITH EVERYTHING MY, UH, COLLEAGUE HAD JUST SAID, AND I THINK IT MAKES PERFECT SENSE TO ALIGN THAT CARPORT WITH THE CURB CUT.
UM, AND JUST HAPPY TO SEE THESE OLD HOUSES GET FIXED UP IN THE NEIGHBORHOOD.
AND SO JUST TO MAKE SURE EVERYONE, UH, I READ IT TO BE 20, LIMITED TO 22 FOOT, UH, YOU KNOW, LONG ALONG THE, UH, SOUTH PROPERTY LINE AND, UH, NO CLOSER THAN 10 FEET TO THE SIDE, UH, PROPERTY LINE.
UM, ALL RIGHT, LET'S HAVE A ROLL CALL.
COMMISSIONER BARRINGTON? YES, I CONCUR.
[02:35:01]
IBANEZ? I CONCUR.COMMISSIONER BENAVIDES? I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER VASQUEZ? I CONCUR.
IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF.
ITEM NINE, BOA 24 1 0 3 0 0 2 17.
ADDRESS, TWO 30 WEST BEDFORD AVENUE COUNCIL DISTRICT FIVE APPLICANT MARY GARCIA.
I REQUEST A FOUR FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO REQUIREMENT TO ALLOW AN ATTACHED CARPORT WITH GUTTERS TO BE SIX, UH, SIX INCHES FROM THE SIDE.
PROPERTY LINE ZONING IS R SIX.
SUBJECT PROPERTY IS LOCATED ALONG WEST BEDFORD AVENUE, WEST OF GENERAL HUDNELL DRIVE.
LOCATED WITHIN THE THOMPSON NEIGHBORHOOD ASSOCIATION.
THE APPLICANT HAD A PRE-EXISTING CARPORT THAT HAS BEEN PRESENT UNCHANGED SINCE AT LEAST THE EARLIEST STREET PHOTOGRAPHY OF JANUARY, 2008.
THE NEW CARPORT WILL BE IN THE FRONT YARD.
APPLICANT HAS INDICATED FRONT SETBACK WILL BE MET AND THE CURRENT FRONT SETBACK IS APPROXIMATELY 30 FEET.
THE APPLICANT ALSO OWNS A PROPERTY TO THE LEFT, WHICH REQUESTED THE SAME VARIANCE AND WAS APPROVED IN SEPTEMBER, 2019 BY THE BOARD OF ADJUSTMENT.
THE PROPOSED ADDITIONAL CARPORT WILL BE SIMILAR TO THE ONE ON THIS LOT THAT WAS APPROVED.
AND HERE'S THE SITE PLAN, SUBJECT PROPERTY, AND THEN THIS IS A CURRENT CARPORT.
THE PROPOSED ADDITIONAL CARPORT, UH, WILL BE IN THE FRONT AND IS CURRENTLY UNBUILT, BUT WE STILL TOOK PICTURES OF THIS 'CAUSE IT WILL MATCH THE, UH, SETBACK OF THIS, OF THIS CARPORT.
AND THEN HERE'S THE CARPORT TO THE LEFT, ALSO OWNED BY THE APPLICANT.
AND THEY STATED THEY WANT TO DO SOMETHING SIMILAR TO THAT IN THE FRONT OF THEIR HOUSE WITH THE, UH, THE CARPORT AND SURROUNDING AREA AND SURROUNDING AREA.
STAFF RECOMMENDATION FOR THE CARPORT SITE SETBACK VARIANCE STAFF RECOMMENDS DENIAL IN BO OA 2 4 1 0 3 0 0 2 1 17.
BASED ON THE FOLLOWING FINDINGS OF FACT IN INSUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE SAFETY CONCERNS.
AND TWO, THE REQUESTED VARIANCE WILL ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF MAILED OUT 33 NOTICES RECEIVED THREE IN FAVOR, ZERO IN OPPOSITION, AND THEN NO RESPONSE FROM THE THOMPSON, UH, NEIGHBORHOOD ASSOCIATION.
AND THAT CONCLUDES STAFF PRESENTATION.
JUST TO, JUST TO MAKE SURE WE COVER THE EXISTING CARPORT THAT'S ON THE SIDE OF THE HOME, THAT'S PART OF THIS AS WELL.
IT'S, IT'S EXISTING, SO IT WASN'T NEEDED AS OUR EXCEPTION, BUT THEY'RE GOING TO PUT ANOTHER ONE IN FRONT.
BUT THE EXISTING ONE SHOULD BE FINE.
IT'S, THERE'S NO INDICATIONS THAT IT WAS EXPANDED THROUGHOUT THE YEARS THAT IT WAS TOUCHED.
BUT THIS, BUT AS RE ARE THEY REQUESTING IT TO BE INCLUDED WITH, WITH OUR DECISION TODAY OR EXCLUDED? UM, IT'S, IT'S NOT PART OF THE, UH, NOT PART OF THE APPLICATION, CORRECT.
SO MR. ANA, SO IF WE'RE GRANTING, UM, AN EXCEPTION HERE, THEN THAT WOULD BE THAT THIS OTHER ONE IS OUT OF COMPLIANCE.
AND THIS WOULD BE, UM, THE NONCONFORMING STRUCTURE AS FAR AS WE'RE CONCERNED.
SINCE IT WASN'T PART OF THE APPLICATION, IT WASN'T PART OF ANYTHING WITH CO COMPLIANCE OR ANYTHING LIKE THAT.
SO THE APPLICANT COME FORWARD AND IT IS A DIFFERENT MEASUREMENT OF WHAT THE PROPOSED CARPORT IS.
THAT'S WHY WE DIDN'T INCLUDE IT ON THERE.
[02:40:02]
MY NAME IS MARY GARCIA.I OWN THE PROPERTY AT TWO 30 WEST BEDFORD.
AND WE'RE REQUESTING A MARIAN'S TODAY FOR A 16 BY 20 WITH A SIX INCH, UH, FROM THE PROPERTY LINE.
AND WE WANT THIS CARPORT FOR PROTECTION FOR OUR VEHICLES.
AND JUST TO ENHANCE THE LOOK OF OUR PROPERTY.
IS THAT 16 FEET WIDE AND 20 FEET LONG? LONG.
AND IT'S NOT ATTACHED, UH, DETACHED.
DEACH, IF YOU COULD STATE YOUR NAME.
UH, AND SO IT'LL BE A DETACHED CAR REPORT, 16 FOOT WIDE, 20 FOOT LONG.
UM, ANY QUESTIONS FROM THE COMMISSION? COMMISSION, MAN? SO, SO I'M LOOKING AT THE ORIGINAL STRUCTURE AND IT APPEARS THAT THERE'S LIKE A THREE FOOT OVERHANG, A THREE FOOT OVERHANG ON THAT, UH, WITH, UM, AND THERE'S LIKE A, ALMOST LOOKS LIKE A SIDE, A SIDE COMPONENT THERE WHERE YOU CAN WALK ALONG THE SIDE OF THAT.
'CAUSE THERE'S A, A WOODEN, UH, IT LOOKS PROTECT BY WOOD, I GUESS, OR A WOODEN STRUCTURE THERE.
SO ARE YOU GOING TO FOLLOW WITH THE POLES IN THE SIMILAR POSITION AS WELL? THIS IS GONNA BE AN ALL MILL CARPORT.
AND IT'S GOT, WE, WHEN WE HAD THE CEMENT REDONE, FD CONSTRUCTION WENT IN THERE, PUT SIDEWALKS AND ALL THAT, HE ALSO LATER ON, UH, DID SOME WORK FOR US.
AND HE, HE PUT, UH, THE, THE, UH, CEMENT, UH, PLATES.
THEY GO INTO THE, THE CEMENT WITH J HOOKS.
SO IT'S ALL SET UP FOR CARPORT.
THEY GOT SIX OF 'EM THERE, BUT ONLY GONNA PUT TWO OF THE POSTS.
THEY'RE GONNA BE EIGHT FOOT AWAY FROM THE HOUSE.
AND THEN THE OTHER TWO POSTS ARE GONNA BE 16 FEET AWAY.
SO IT'S, IT'S EIGHT FOOT, 16 FOOT.
GONNA HAVE A TWO FOOT OVERHANG ON EACH SIDE, BUT IT WON'T BE ATTACHED TO THE HOUSE.
UM, AND THE ONLY THE VARIANCE WE NEED IS BECAUSE IT, THE POST IS GONNA BE RIGHT ON THE EDGE OF THE, OF THE, UH, CEMENT DRIVE, UH, WELDED TO THAT PLATE.
SO, AND, UH, I ALREADY PLANTED SOD FOR THE NEIGHBOR.
UH, HE HAS NO, NO ISSUES WITH THAT.
ALSO, WHEN THESE HOUSES WERE BUILT, THEY WERE BUILT ON A A A POINT.
UM, DIFFERENT HOUSES ARE BUILT DIFFERENT WAYS.
WE HAVE SLOPES THAT GO DIFFERENT WAYS.
THIS, UH, AREA RIGHT HERE IS WHERE THE HOUSE IS BUILT.
UH, AND YOU GET DRAINAGE TO THE BACK AND THE FRONT.
SO WE HAVE GUTTER ON, YOU CAN SEE ON THAT ONE PICTURE RIGHT THERE, WE HAVE GUTTER ON THAT SIDE, WHICH MOST OF THAT WATER DRAINS TO THE BACK, THE ONE FROM THE CARPORT'S GONNA DRAIN TO THE FRONT.
BUT THE, BUT THE POSTS THAT ARE, THAT ARE CURRENTLY THERE THAT ARE SUPPORTING THE EXISTING COVER.
SO, UM, ARE, IS THAT YOUR POSTS ARE GONNA BE FURTHER OVER TO THE RIGHT.
MOVE A LITTLE BIT CLOSER TO THE CEMENT.
ON THE EDGE WHERE THE FENCE IS AT IS WHERE THE POST IS GONNA BE.
RIGHT HERE IS WHERE THE POST IS GONNA BE, RIGHT THERE, WHICH IS GONNA BE EIGHT FOOT AWAY.
THIS POST, IS THAT THE FIRST ONE? IS THAT, UM, THAT, SEE, THAT'S, THAT'S THE FENCE.
THAT'S THE FENCE THAT GOES TO THE BACKYARD RIGHT THERE.
SO THAT'S, THAT'S THE LINE RIGHT THERE.
SO THAT IS YOUR PROPERTY LINE.
THIS IS THE VARIANCE WE'RE ASKING FOR IS, 'CAUSE THE POST IS GONNA BE RIGHT HERE.
I THINK THERE'S SOME METAL PLATE RIGHT THERE.
SO THE, THE DRIVEWAY THAT WE'RE SEEING IN THAT PICTURE, THE EDGE OF THAT DRIVEWAY, THAT'S YOUR PROPERTY LINE? YES, SIR.
'CAUSE THAT'S THE FENCE THAT GOES TO THE BACKYARD.
SO THEN, UM, SO, SO TALK ABOUT A SIX INCH VARIANCE, UH, ALONG THAT SIDE THERE.
AND I BELIEVE THAT DID INCLUDE GUTTERS.
NO, WE, WE, WE, UH, DIDN'T SAY WE PUT GUTTER ON.
WE SAID WE HAD GUTTER ON THE EXISTING CARPORT.
DIDN'T NEED TO PUT GUTTER BECAUSE THE DRAINAGE, EVEN ON THE OTHER HOUSE THAT WE HAVE NEXT DOOR, THE DRAINAGE IS FINE.
IT REALLY DRAINS REALLY WELL BECAUSE YOU'RE ONLY GETTING THE FRONT PART OF THE RAIN.
THE FRONT PART OF THE WATER THAT'S GOING DOWN FROM THE CARPORT IS GONNA BE DRAINED TO THE STREET.
SO YOU'RE GONNA BUILD THE, BECAUSE WE DON'T HAVE PLANS ON THE CARPORT, YOU'RE GONNA BUILD A CARPORT TO BE, TO BE SLANTED TOWARDS THE STREET.
WELL, IT'S GONNA HAVE A PITCH TO IT.
BUT THE GABLE'S GONNA GO ONE SIDE TO THE OTHER, BUT NO, IT'S GONNA DRAIN DOWN AND THEN DOWN THIS DOWN THE, UH, DRIVEWAY TO THE STREET.
JUST SO YOU CAN SEE HOW THIS ONE IS RIGHT HERE, IT'S GONNA BE ALL OF IT BEING IN FRONT OF THE PLANE OF THE NEIGHBORING HOUSE.
SO YOU'RE NOT GONNA HAVE, YOU'RE NOT GONNA HAVE YOUR NEIGHBOR'S HOME AND, YOU KNOW, ON THE SIDE OF THIS NEW CARPORT YOU'RE BUILDING? NO.
AND THEN YOU SEE ALL THE ROOM BETWEEN THERE AND, AND HIS HOUSE.
AND JUST TO MAKE SURE, YOU SAID THIS IS NOT GONNA HAVE GUTTERS, RIGHT, SIR? NO.
ALRIGHT, ANY OTHER QUESTIONS? ALL RIGHT.
UH, IS THERE ANYONE, SENATOR, TO SPEAK ANY VOICEMAILS? NO PUBLIC
[02:45:01]
COMMENT.ANY OTHER QUESTIONS? GOING ONCE, GOING TWICE.
ANYTHING YOU WANNA ADD BEFORE WE DELIBERATE? UH, NO.
UH, I THINK THAT'LL, THAT'LL DO IT RIGHT THERE.
UM, ONE OF THE REASONS I DO WANNA SAY IS THAT WE HAD AN OPPORTUNITY LAST TIME TO BUILD A, IT WOULDN'T, UH, CARPORT THERE, BUT WE WANNA KIND OF STAY AWAY FROM WOOD.
UH, UH, METAL LASTS SO MUCH LONGER, IT CAN BE PAINTED OVER AND OVER AND, AND, UH, IT'S VERY, YOU KNOW, DURABLE.
SO THAT'S ONE OF THE REASONS WHY WE WANT TO CONTINUE TO DO METAL.
UH, WE ALSO USING IN BETWEEN BOTH HOUSES, UH, CPS IS GONNA PUT A LIGHT, WELL, IT'S ALREADY PUT THE LIGHT POST.
NOW THEY'RE GONNA PUT THE, THE, THE LIGHT UP THERE.
SO IT'S GONNA BE, YOU KNOW, WE'RE JUST TRYING TO FIX UP THIS NEIGHBORHOOD, MAKE, MAKE IT REALLY LOOK GOOD.
AND, UM, AND WE HAVE GOT A LOT OF COMPLIMENTS ON IT.
AND SO IT'S, IT'S, UH, ALRIGHT.
SO ON THE, ON THE NEIGHBORING PROPERTY, UM, SO THERE'S A, IT LOOKS LIKE THERE'S A, A STANDING WALL THERE THAT'S THREE FOOT TALL.
IS THAT ON YOUR PROPERTY? YES, SIR.
SO THAT ONE'S, SO, SO, YOU KNOW, HERE WE DO HAVE THE, THE CARPORT IN BY SIX INCHES FROM THAT LINE THERE.
SO IT'S WELL WITHIN, I GUESS ALMOST LIKE 18 INCHES OR SO INSIDE THE PROPERTY LINE.
AND SO, SO I, YOU KNOW, I GUESS I DO WORRY ABOUT THE, UM, YOU KNOW, BEING RIGHT ON THE PROPERTY LINE, NOT HAVING GUTTERS WHERE THIS ONE IS A LITTLE BIT FURTHER INSIDE.
WELL, I MEAN, THEY, THEY, YOU CAN ALWAYS MAKE AN ADJUSTMENT TO BE ONE FOOT OFF INSTEAD OF SIX INCHES.
SO, YEAH, I GUESS THE QUESTION, SO, SO I KNOW THAT YOU'VE ALREADY PUT THE, THE FOOTING IN, BUT CERTAINLY I THINK THAT COULD BE ADJUSTED.
SO WOULD THERE BE A, UM, AN ISSUE WITH MOOD AND THEN TO, UH, ONE FOOT SO THAT IT'S CLOSER IN LINE WITH, WITH THE, WITH THE NEIGHBORING ONE FROM THE, UH, DISTANCE TO THE SIDE PROPERTY? SURE, WE COULD, WE COULD DO THAT.
THE APPLICANT EXPRESSED THE TWO FOOT OVERHANG.
WE WOULDN'T BE, WOULDN'T BE ABLE TO WELD ON THAT PLATE THAT'S THERE, BUT WE, WE COULD, WE COULD ANCHOR IT TO THE CEMENT.
I MEAN, THAT'S ANOTHER WAY TO DO IT.
I MEAN, WELL YOU WERE GONNA DO A TWO FOOT OVERHANG, WEREN'T YOU? YES, SIR.
SO YOU CAN MAKE IT A ONE FOOT, TWO FOOT IN THE FRONT AND TWO FOOT IN THE BACK.
MAKE IT A ONE FOOT THE POLE, BECAUSE WE WANTED TO HAVE ENOUGH SPACE FROM THE SIDEWALK TO THE, TO THE CAR.
HOW MUCH, HOW MUCH, HOW FAR AWAY FROM IS THERE GONNA BE OVERHANG SO OVER LEFT TO RIDE ON THE POSTS? UH, IT'S NOT, IT'S NOT GONNA HAVE ON THE SIDES, THERE'S GONNA BE NO OVERHANG.
BUT ON THE FRONT, ON THE FRONT AND THE BACK, THERE'S GONNA BE A TWO FOOT THAT'LL MAKE, THAT'LL GIVE US THE, THAT'LL GIVE US THE 20 FEET.
AND THE REASON I DO THAT IS BECAUSE I HAVE A TRUCK I PARK UNDERNEATH THERE ON THE HOUSE NEXT DOOR WE DID IT.
AND YOU CAN SEE THAT THE TRUCK IS STICKING OUT AND IT IS NOT COMPLETELY COVERED.
SO 20 FOOT WOULD COMPLETELY COVER THE VEHICLE.
WELL, WE'RE NOT TALKING ABOUT DEATH.
I'M JUST, I'M TALKING ABOUT THE WIDTH.
WE WOULD LIKE TO MAKE A MOTION MANA MANA, REGARDING CASE NUMBER BO A 2 4 1 0 3 0 0 2 1 7.
I MOVED TO THE BOARD OF ADJUSTMENT GRANT REQUEST FOR A, UH, FOUR FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ATTACHED CARPORT WITH GUTTERS TO BE, UM, ONE FOOT.
OH, IT DOES SAY, UH, GUTTERS HERE.
SO IN THE, IN THE MOTION AS RED.
BUT, UH, I, I THINK THAT ORIGINALLY THEY WERE LOOKING AT, AT THE ORIGINAL CARPORT THAT WE WERE GONNA PUT, UH, GUTTERS ON THERE.
SO, SO I'LL LET YOU CHOOSE WHETHER YOU PUT GUTTERS ON THERE.
'CAUSE I THINK ONE FOOT WILL GIVE US ENOUGH SPACE.
IT'S 16 FOOT WIDE, LIMITED TO 20 FEET LONG TOO
SO LEMME START FROM THE BEGINNING AGAIN SO THAT, UH, SO WE'RE GONNA A FOUR FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW ATTACH, UH, CARPORT, UH, 16 BY 20 TO BE ONE FOOT FROM THE SIDE PROPERTY LINE SITUATED AT 2 3 0 WEST BEDFORD AVENUE.
APPLICANT BEING MARY GARCIA BECAUSE IT TESTIMONY PRESENTED TO US AND FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE REQUESTED VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST, AS SUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE SAFETY CONCERNS.
AND A CARPORT WILL, UM, LET'S SEE, PERIOD, UH, TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WILL RESULT IN UNNECESSARY HARDSHIP.
A LITTLE ENFORCEMENT OF THE SETBACK ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT DOES NOT APPEAR TO HAVE, UM, ADEQUATE SPACE TO CONSTRUCT A CARPORT WITH, UH, ON A LOT WITHIN SETBACKS.
THREE, BY GRANTING THE VARIANCE OF SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE REQUESTED VARIANCE APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE AS SUFFICIENT SPACE WILL REMAIN FOR THE PURPOSE OF WATER RUNOFF AND, UH, FIRE SAFETY CONCERNS.
AND THE CARPORT WILL NOT BE OUTTA CHARACTER AS THE STAFF IDENTIFIED NUMEROUS OTHER CARPORTS WITHIN SETBACKS
[02:50:01]
IN THE IMMEDIATE AREA.FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH IS VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FORM PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT, WHICH IS PROPERTY IS LOCATED.
STAFF FINDS THAT THE VARIANCES WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES AS OTHER REDUCED SETBACKS HAVE BEEN SEEN IN THE IMMEDIATE AREA.
SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS 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, OR THE RESULT OF GENERAL CONDITIONS AND DISTRICT IN WHICH HIS PROPERTY IS LOCATED.
STAFF FINDS UNIQUE CIRCUMSTANCES EXIST IN HIS PROPERTY, IS THE LOT SIZE AND DIMENSIONS AND THE PRESENCE OF OTHER REDUCED SETBACKS IN THE AREA, AND A MOTION.
UH, COMMISSIONER AMANDA? YEAH, SO I THINK, UM, WITH THE ADJUSTMENT AND, AND SEEING, UH, THE, THE, UH, ADJACENT PROPERTY WHERE YOU BUILT THE OTHER STRUCTURE, I THINK THAT THIS IS CONSISTENT WITH THAT.
AND, UM, AND I THINK THAT IT WILL GIVE YOU THE, UH, THE, THE COVERAGE THAT YOU'RE LOOKING FOR AND I THINK IT'LL BE A NICE ADDITION NEIGHBORHOOD.
I'LL ALSO BE VOTING IN FAVOR AS A RED, UM, ESPECIALLY SINCE THERE'S NO OTHER, UM, UH, HOUSE ON THE NEIGHBORING PROPERTY THAT'S GONNA BE NEAR THE CARPORT.
UH, SO I'LL BE, I'LL BE, UM, IN FAVOR.
ANY OTHER COMMISSIONERS YOU'D LIKE TO ADD? HEARING NONE.
I, I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IVANEZ? I CONCUR.
COMMISSIONER BENAVIDEZ? I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
HAVE YOU ANY QUESTIONS YOU GET WITH STAFF? THANK YOU VERY MUCH.
[ Approval of Minutes ]
NEXT ITEM IS THE MINUTES.UM, I MADE SOME AMENDMENTS THAT HAVE BEEN CORRECTED.
UM, I KNOW COMMISSIONER MANNA ALSO POINTED OUT SOME THINGS, WHICH I ALSO NOTICED.
AND THEY, AND WHAT IS, WHAT IS, UM, BEFORE TODAY'S AMENDED DOES ADDRESS THAT, IS THERE ANY OTHER AMENDMENTS? SO, UM, SO, SO I DID LOOK AT, SO THIS IS JUST A QUESTION JUST IN GENERAL, HOW WE DO THINGS.
SO WHEN MINUTES ARE SUGGESTED, UH, THE ONES THAT ARE POSTED ARE NOT ADJUSTED UNTIL, UH, WE FINISH THIS MEETING, CORRECT? YEAH, WE RECEIVE ADJUSTMENTS.
UM, USUALLY WE TRY TO GET ALL YOUR ADJUSTMENTS BEFORE WE POST, BUT THAT'S JUST THE PROPOSED MINUTES.
OBVIOUSLY WITH THE HOLIDAYS, THERE WAS NO WAY TO OKAY.
'CAUSE IT WASN'T ADJUSTED AND THE ONE I SAW, SO, PERFECT.
SO WAS THERE A MOTION TO APPROVE, AS I MENTIONED, MOTIONS.
MOTION, MR. MENEZ OR SECOND? SECOND.
MR. BARRINGTON? ALL IN FAVOR SAY AYE.
[ Director’s Report ]
UH, IS THERE A DIRECTOR'S REPORT? NO.UM, AND WE HAVE ONE MORE MEETING UNTIL THE END OF THE YEAR.
THAT'S, EVERYTHING'S HAPPENING EARLY MANANA MANANA.
UM, SO, SO WE, UM, WE HAVE PEOPLE, UH, DEVELOPERS THAT COME BY AND PUT IN, WE'LL SAY, BAD PRODUCTS INTO OUR COMMUNITY.
AND, UM, IS THIS, DOES THE STAFF ASK THE APPLICANTS WHO THEIR BUILDERS ARE? YOU KNOW, I KNOW THAT WE HAVE A LIST OF, OF DEVELOPERS, UH, OR, UH, I GUESS PEOPLE THAT ARE APPROVED TO DO CITY, UH, DEVELOPMENT IN OUR COMMUNITIES.
UM, IS THERE A LIST OF THOSE THAT HAVE VIOLATED, WE'LL SAY THE, THE CITY'S TRUST, UM, WHERE WE COULD PUBLISH THE PUBLISH THAT THERE AS WELL? I DON'T THINK WE PUBLISHED THAT LIST.
I KNOW WE HAVE VERIFIED, UH, CONTRACTORS THAT ARE REGISTERED WITH THE CITY, BUT I DON'T THINK WE HAVE LIKE A SET LIST OF LIKE BAD CONTRACTORS.
MAY I ASK WHY NOT
WE, SO, BECAUSE TO ME IT, YOU KNOW, UM, AS A CITIZEN, YOU KNOW, WANTING TO KNOW, YOU KNOW, WHO WOULD BE GOOD TO GO TO, YOU KNOW, THE LIST IS NOT COMPLETE OF, WE'LL SAY THOSE THAT ARE APPROVED.
UM, AND I SURE WOULD LIKE TO SEE THOSE THAT, YOU KNOW, HAVE HAD CHALLENGES IN THE PAST, YOU KNOW, YOU KNOW, THAT THAT EITHER BROUGHT SOME, YOU KNOW, HAD, YOU KNOW, HAD A CASE COME BEFORE THE ZONING COMMISSION THAT, UM, YOU KNOW, THAT BASICALLY WEREN'T FOLLOWING THE, THE GUIDELINES OF THE CITY.
I THINK THAT'D BE BENEFICIAL PERMIT.
P CONTRACTORS WHO WERE KNOWN TO NOT PULL PERMITS, I'D SURE LIKE TO HAVE A LIST OF THOSE GUYS.
THIS IS JOSEPH HARNEY, CITY ATTORNEY'S OFFICE.
THERE IS A, BECAUSE THERE'S A FORMAL PROCESS OF, UM, YOU KNOW, WHEN PEOPLE ARE REGISTERED WITH CITY, THERE'S
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A COMPLAINT AND IT GETS INVESTIGATED.THERE, THERE IS SOME RECORD OF THAT.
UM, BUT IT, IT MIGHT BE ON THE, UH, WEBSITE.
SO, UH, UM, SO WHENEVER I GO TO LOOK AT THE CITY FOR ANYTHING WITH REGARDS TO, UM, CODE COMPLIANCE OR THOSE KIND, IT'S, IT'S NEEDLES AND HAYSTACKS.
AND SO I THINK THAT, YOU KNOW, IN FROM THE BOARD OF JUSTICE PERSPECTIVE, I THINK HAVING A BETTER LIST OR A BETTER PLACE FOR CITIZENS TO GO TO WOULD, WOULD BENEFIT THE WHOLE CITY OF SAN ANTONIO.
UM, JUST AS WE GO THROUGH THESE DEVELOPMENTS, 'CAUSE YOU KNOW, WE HEAR REGULARLY ABOUT, YOU KNOW, UM, I'LL SAY BAD ACTORS, MAYBE TOO HARSH, BUT PEOPLE ARE, THAT ARE EITHER IGNORANT OR ARE BAD ACTORS, UM, YOU KNOW, WITH REGARDS TO THE RULES.
AND I THINK IT WOULD BE BENEFICIAL TO EVERYBODY TO, TO MAKE THAT BETTER KNOWN OR BETTER, BETTER PUBLISHED.
JUST SO IT IS EASY ON THE SAME SITE WHERE WE HAVE THE KNOWN CONTRACTORS THAT ARE, THAT ARE COMPLIANT, THE, UH, LIST RIGHT NEXT TO IT SAYS, UH, MAY, MAY WANT TO, YOU KNOW, DO DUE DILIGENCE.
AND WE'LL, WE'LL ENGAGE CO COMPLIANCE TO SEE IF WE CAN GET A, A BETTER LIST OUT THERE.
OBVIOUSLY IF YOU'RE A BAD ACTOR, YOU CAN ALWAYS CHANGE YOUR NAME FROM KELLY, LLC TO MERKEL, LLC,
AND SO I THINK HAVING JUST A NOTION OF THOSE THAT, YOU KNOW, HAVE HAD CHALLENGES SO THAT, YOU KNOW, AS A CITIZEN, I CAN BRING IT UP TO THE PERSON SAYING, OKAY, YOU KNOW, I SAW THAT YOU DIDN'T DO THIS LAST TIME, CAN YOU PLEASE MAKE SURE THAT YOU DO? AND SO THAT WAY WE'RE, AT LEAST FOR FOREWARNED IS FOREARMED, YOU KNOW, FROM A, FROM A, ON THE OTHER SIDE OF THE COIN, WITH ALL DUE RESPECT, I BELIEVE THAT CITIZENS ALSO NEED TO BE EDUCATED ON THE PROCESS.
UH, THE PROCESS OF MANY OF THE NEIGHBORHOOD ASSOCIATIONS DO, THE CITY DOES COME AND TEACH ABOUT CODE COMPLIANCE AND ABOUT PERMITS.
UH, AND THE PROCESS ALSO HAS TO BE CONSISTENT WITHIN THE CITY, UH, IN THIS BUILDING, BECAUSE I'VE COME TO GET PERMITS OVER HERE AND IT HAS BEEN A NIGHTMARE.
AND A LOT OF TIMES CITIZENS JUST SAY, I, I JUST DON'T WANNA MESS WITH THEM.
AND, UH, SO THE PROCESS, THERE'S, THERE'S A, IT'S VERY COMPLICATED, BUT I DO NOT BELIEVE THAT THE COMMISSIONS, YOU KNOW, BECAUSE WE'RE NOT CONSISTENT ABOUT ASKING PEOPLE WHO WAS YOUR CONTRACTOR, UH, THAT THAT'S NOT OUR JOB, RIGHT? THAT'S THE CITY'S JOB.
AND THE CITY HAS TO MAKE IT EASIER FOR THE CITIZEN TO COME IN AND GET THEIR PERMIT AND GET THE ASSISTANCE AND THE EDUCATION.
I DON'T BELIEVE THAT IT'S OUR JOB AND I DON'T BELIEVE THAT WE SHOULD HAVE TO GO AND LOOK.
AND THAT'S WHY, THAT'S WHY I MADE THE SUGGESTION AS I DID, BECAUSE I KNOW I, I AGREE WITH YOUR POSITION AND THAT'S WHY I SAID, YOU KNOW, PUT IT ON THE CITY STAFF TO PUBLISH THAT, TO ASK THAT WHEN IT IS THAT, YOU KNOW, SOMEONE IS COMING FORWARD, OKAY, WHO IS IT THAT YOU CONTRACTED? SO NOW WE CAN AT LEAST PUBLISH 'EM.
AND IT'S NOT OUR JOB REALLY TO MAN THAT, BUT IT IS THE CITY'S JOB.
OKAY, WELL I HOPE EVERYBODY HAD A GREAT THANKSGIVING AND, UH, ONE MORE MEETING TO GO UNTIL A BRAND NEW YEAR.
SO IT IS 4 0 4, WE'RE ADJOURNED.