* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:04] IT'S ONE OH ONE. I HEREBY CALL THIS MEETING THE BOARD OF ADJUSTMENTS INTO SESSION. CAN WE HAVE THE SPANISH INTERPRETER COME OUT PLEASE? YEAH, SHE'S OVER THERE. NO MA'AM. OKAY. STAFF, CAN YOU JUST CALL ROLL PLEASE. COMMISSIONER. COMMISSIONER BARRINGTON? HERE. COMMISSIONER STEVENS. COMMISSIONER IVANEZ. PRESENT. COMMISSIONER DEAN PRESENT. COMMISSIONER CRUZ. HERE. COMMISSIONER GOMEZ? HERE. COMMISSIONER MANNA. PRESENT. COMMISSIONER. COMMISSIONER BECKMAN PRESENT. COMMISSIONER BENAVIDES. COMMISSIONER OZUNA PRESENT. COMMISSIONER VASQUEZ. PRESENT CHAIR ORIAN. AND I'M PRESENT. SO WE HAVE A QUORUM OF 10 PER NOW. OKAY, IF EVERYONE PLEASE JOIN ME AND STAND FOR THE PLEDGE. I PLEDGE ALLEGIANCE TO THE FLAG IN THE UNITED STATES OF AMERICA AND TWO, THE REPUBLIC FOR ROOTS OF STANDARDS. ONE NATION UNDERGONE INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL. HONOR THE TEXAS FLAG. I PLEAD ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD ONE AND INDIVISIBLE. ALRIGHT, SO LET'S TRY AGAIN WITH THE UH, SPANISH INTERPRETER. THEY COULD COME OUT AND GIVE THEIR PRESENTATION PLEASE. THANK YOU. SO BEFORE [ Briefing and Possible Action on the following items  ] WE PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION. THIS BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE. THE CASE IS E LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND THE STREET ADDRESS. FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT. LASTLY, AS CHAIR 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, ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELEASE SOUGHT AND WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS OF POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32. THE HEARING DECIDES SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE IN, WE ALSO SERVE IN, OKAY, WHERE'S THAT COMING FROM? OKAY. WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY OF THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28. ARTICLE ONE, SECTION 28 DASH FIVE. IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY'LL BE QUESTIONED BY THE MEMBERS OF THE BOARD. ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER. AFTER EVERYONE HAS ASSERT THE CASE WILL BE CLOSED, 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 [00:05:01] OF PROOF AND GRANTING THE RELEASE SOUGHT RESTS WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS IN WHICH IT REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL. SPECIAL EXCEPTIONS OF VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW. BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S. DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. PLEASE LIMIT YOUR PRESENTATION TO THE PERTINENT FACTS OF YOUR CASE STAFF. GOOD AFTERNOON. STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST. PRIOR PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE, SPECIAL EXEMPTION OR APPEAL AND PROPERTY WITHIN 200 FEET OF THE SUBJECT PROPERTY. CHECK MARK INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND X INDICATE THOSE PROPERTY OWNERS IN OPPOSITION. UPON THIS PRESENTATION AND ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST FOR THOSE WHO SIGNED UP TO SPEAK FOR OR AGAINST A PROPOSED VARIANCE, SPECIAL EXEMPTION OR APPEAL. YOU'LL BE CALLED IN THE ORDER THAT YOU SIGN UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALL ALLOWED TO MAXIMUM THREE MINUTES PER SPEAKER AND YOU'RE NOT OBLIGATED TO UTILIZE A MAXIMUM TIME LIMITATION. FOR THOSE I WOULD LIKE TO GIVE THEIR TIME TO THE SPEAKER. THAT SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU CHAIRMAN. YES. UH, THE RECORD SHOW'S 1 0 7. COMMISSIONER BENAVIDES HAS JOINED THE MEETING. UH, I UNDERSTAND THAT ITEM NUMBER 12 IS REQUESTING A CONTINUOUS, UH, TILL JANUARY 27TH. IF WE COULD PLEASE HEAR THAT ONE FIRST. CAN YOU PULL THAT ONE UP PLEASE? ALL RIGHT. ITEM NUMBER 12, UH, IS A 26 7 82 MUL VERDE ROAD DISTRICT NINE. UH, REQUESTING A TWO FOOT EIGHT INCH VARI FOR THE MINIMUM 20 FOOT SIDE SETBACK TO ALLOW A 17 FOOT FOUR INCH, UH, SIDE SETBACK AND A SIX FOOT SIX VARIANT FROM THE MIDDLE OF 90 FOOT FRONT SETBACK TO ALLOW 83 AND A HALF FOOT, UH, FRONT SETBACK ZONE C3 STAFF RECOMMENDING DENIAL AND THEY'RE REQUESTING FOR THE JANUARY 27TH. ALL RIGHT. HAS ANYONE SIGNED TO SPEAK ON THAT? I KNOW THERE'S NO VOICEMAILS. THERE IS NO PUBLIC COMMENT ON THAT ONE. ALRIGHT, UH, IS THERE A COMMISSIONER? I'D LIKE TO MAKE A MOTION TO JANUARY 27TH. CONTINUE. MOTION FOR CONTINUOUS TO JANUARY 27TH. SECOND. SECOND BY COMMISSIONER BARTON. ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? HEARING NONE. UH, MOTION CARRIES. ITEMS CONTINUED. JANUARY 27TH. ITEM NUMBER ONE, GOOD AFTERNOON. MY NAME IS JUAN ALVAREZ, PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER ONE IS REQUESTED BY BRITTANY KATRINA 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 NINE 14 AND OLIVE STREET UNIT 5 0 1. SURROUNDING USES INCLUDE RESIDENTIAL SINGLE FAMILY. 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 A RIDE ON THE BLOCK FACE AND IS OWNED BY THE APPLICANT. PER THE CITY CODE TYPE TWO SHORT-TERM RENTAL SHALL BE LIMITED TO NO MORE THAN ONE EIGHTH OF THE TOTAL NUMBER OF SINGLE FAMILY DUPLEX, TRIPLEX, OR QUADPLEX UNITS. ON THE BLOCK FACE, THERE'S A TOTAL OF SIX UNITS ON THE BLOCK FACE. ONE ACTIVE STR TYPE TWO IS ALREADY CURRENT BEING NINE 14 N OLIVE STREET. UNIT 4 0 1 ISSUED ON SEPTEMBER 25TH, 2024. THE BLOCK FACE IS CURRENTLY AT 16% AND IF THE SECOND STR TYPE TWO IS APPROVED, THE BLOCK FACE WILL BE AT 33%. THIS EXCEEDS THE 12.5 DENSITY LIMITATION FOR TYPE TWO ST. THE PROPERTY HAS NO CODE ENFORCEMENT HISTORY OR ACTIVE LISTINGS. THIS IS THE SIDE 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 40 MALE NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION AND DIGNITY. HILL NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION. THIS CONCLUDES STAFF PRESENTATION. APPLICANT IS HERE TO ANSWER ANY QUESTIONS. ALRIGHT, [00:10:01] THANK YOU VERY MUCH MANANA. THANK YOU COMMISSIONER MANNA. SO, UM, SO I'M TRYING TO LOOK AT THE, THE, THE PLAN FOR THAT BLOCK FACE THERE AND YOU SAID THAT THERE'S SIX, UM, BUT IT DOES APPEAR THAT THERE'S A WHOLE LOT MORE, YOU KNOW, 'CAUSE THERE'S LIKE A, A MINI SUBDIVISION THERE, UM, OFF OF UM, OLIVE AND SO, SO THE OTHERS AREN'T COUNTED BECAUSE WHY? BECAUSE THEY'RE, THEY'RE DIVIDED BY THE EGRESS AND INGRESS POINTS OF THE BLOCK AND THEY'RE ALL PLATTED SEPARATELY. OKAY. I THOUGHT THAT WE HAD HEARD PREVIOUSLY THAT UM, LIKE ALLEYS DIDN'T COUNT AS A BREAK. THIS ISN'T EVEN AN ALLEY. THIS IS A PLATTED INGRESS EGRESS. OH, LEMME SEE. UH, CORRECT ME IF THAT'S CORRECT. IT'S LIKE A E IT'S AN IDZ AREA THAT WAS PLOTTED AS THE TOWN HOMES. THIS IS, AND THE AREA IDEN, IT IS BROKEN UP BY THE EGRESS STREETS TO GET THERE. SO THERE'S UM, BLOCK FACE FROM THE SIX UNITS ON THE SIDE. THE MIDDLE ONE HAS THREE, THE OTHER ONE IS THREE. THEY'RE SEPARATE BLOCK FACES. WELL, WELL THAT, BUT THE QUESTION IS, IS THAT IF WE DON'T EXCLUDE ALLEYS, UM, WHY, WHY WOULD THIS BE EXCLUDED IN NOT COUNTING THE, THE ONES ABOVE OR BELOW IT ON ALL OF IN THE COUNT. SO THE ONES ABOVE IT FROM 9 2 8 MM-HMM . THAT'S ADDRESSED SEPARATELY. THAT'S ADDRESS OFF OF LAMAR? CORRECT. OKAY. UH, AND THEN WHAT ABOUT, UH, THE ONE AT 7 0 3 AND NINE TEN SEVEN OH THREE IS ON HAYES LEAVING NINE 10 TO BE THE ONLY OTHER ONE, UH, ADDRESS OFF OF OLIVE. IS THAT TRUE? YEAH, CORRECT. 7 0 3 HAYES IS ON ITS OWN BLOCK FACE. OKAY. SO THEN WHAT'S BEFORE US THEN IS THIS EYE DISEASE DEVELOPMENT AND THEN NINE 10 OLIVE IS, ARE YOU INCLUDING NINE 10 OLIVE? WE ARE NOT INCLUDING NINE 10 OLIVE. SO THEN NINE 10 OLIVE CAN GET HIS, CAN GET THEIR OWN STR UNOPPOSED 'CAUSE THEY'RE THE SOLE PERSON ON THEIR BLOCK FACE. WE'D HAVE TO LOOK INTO IT IF THEY SUBMITTED IT, BUT IT WOULD NOT BE A PART OF THIS CURRENT BLOCK FACE BECAUSE IT'S, UH, WELL THEN THEY WOULD, I'M JUST SAYING THAT, YOU KNOW, AND WHEN, WHEN WE LOOK AT THESE, IT'S, WE WANT TO MAKE SURE THAT THE PERCENTAGE IS BEING APPLIED, YOU KNOW, THE SAME WAY FOR EVERYBODY. UH, AND SO WHEN, WHEN I SEE THIS, YOU KNOW, AS AS POINT RAISED BY MY FELLOW COMMISSIONER, THIS, I JUST WANNA MAKE SURE THAT, YOU KNOW, FROM NOW MOVING FORWARD AS STAFF SAYING THAT ANY INGRESS EGRESS IS A DEFINITE BREAK TO A BLOCK FACE. SO FOR THIS PROPERTY, ALL THESE I IN THE IDZ AREA ARE ALL ADDRESSED AT NINE 14 NORTH OLIVE STREET AND EVERYTHING IN IT IS UNITS 1 9 0 1, 9 0 2 UHHUH . SO THAT'S THE BREAKUP BETWEEN THIS, IT WAS PLOTTED AS ITS OWN PLAT FOR A TOWN HOME FOR TOWN HOMES. AND THAT'S HOW STAFF REVIEWED. ITS WELL DETERMINED THE BLOCK PHASE. WELL, YOU KNOW, AS WE MOVE FORWARD WITH THESE, WE, WE'VE SEEN THESE ALL THE TIME, LIKE ALMOST EVERY MEETING WE, WE GET SDR APPEALS AND I WANT TO KNOW, YOU KNOW, I, I DON'T WANT TO HEAR ANYTHING DIFFERENT GOING FORWARD. I I WANT TO HEAR A UNIFORMITY AND THEN HOW THE PERCENTAGES ARE BEING DONE. WE HEARD BEFORE THAT ALLIE'S ABSOLUTELY DON'T BREAK UP A BLOCK FACE. AND NOW WE'RE HEARING THAT AN INGRESS, EGRESS EASEMENT CAN BREAK UP A BLOCK FACE. AND I JUST WANNA MAKE SURE THAT THE NEXT TIME SOMETHING COMES UP, YOU KNOW, I I DON'T, I DON'T WANT TO HEAR THAT THAT, WELL, WE DID IT WRONG THIS TIME AND WE'RE NOT GONNA DO IT WRONG NEXT TIME. I, I, I WANT SOME UNIFORMITY TO THIS. I I BELIEVE THAT'S THE QUESTION BEFORE US. SO I JUST WANNA MAKE SURE WHEN YOU, WHEN YOU ARE SAYING YOU'RE EXCLUDING THIS, WE'RE ALL GOING TO REMEMBER. ALL RIGHT, LET'S HAVE THE APPLICANT, UH, COME FORWARD. HELLO, I'M BRITTANY KATRINA AND THANK YOU FOR YOUR TIME TODAY. UM, I'M PUTTING IN A SPECIAL EXEMPTION OBVIOUSLY FOR A SHORT TERM RENTAL. UM, BASED ON YOUR PICTURE, A LITTLE BIT OF BACKGROUND. I ALSO HAVE THE OTHER SHORT TERM RENTAL UNIT FOR UM, 4 0 1. AND SO WHEN WE PURCHASED THE TOWN HOME IN SEPTEMBER, WE WERE TOLD WE COULD AIRBNB BOTH AS THEY SHARE A WALL AND BAT ON ME FOR NOT DOING MY RESEARCH THAT WE CANNOT DO BOTH WITHOUT A SPECIAL EXEMPTION. AND SO WE'RE HERE TO FILE THE EXEMPTION ON THE SECOND HOME. A LITTLE BACKGROUND ON THAT NEIGHBORHOOD THAT YOU SAW, UM, WITHIN THAT NEIGHBORHOOD, FIVE HOMES ARE FOR SALE CURRENTLY, UH, FOUR OF THOSE BEING OVER 200 DAYS, SOME OF THEM BEING BUILT IN 2023 AND NEVER HAVING AN OCCUPANT. UM, SO IT'S STILL AN UP AND COMING AREA WITH UNFORTUNATELY NOT GREAT RATES OF SALES. UM, ALSO WE'VE HAD THE HOME [00:15:01] WHENEVER I FOUND OUT I COULD NOT AIRBNB, WE'VE HAD IT ON FOR LONG-TERM RENTAL AND HAVE NOT HAD ANY SUCCESS. WE'RE CURRENTLY LISTED 300 BELOW OUR MORTGAGE OF MONTHLY RATE AND STILL NO SUCCESS ON ANYONE EVEN WANTING TO LOOK AT THE HOME. SO I COME TO YOU TODAY, UM, WITH A GOAL OF JUST BEING ABLE TO SAVE FINANCES BECAUSE RIGHT NOW WE'RE JUST KIND OF BLEEDING MORTGAGE EVERY MONTH. UM, I DID DO A LITTLE BIT OF RESEARCH ON AIRBNBS AND THE PROS AND CONS THAT THEY CAN PROVIDE TO A NEIGHBORHOOD AND I DID WANNA ADDRESS SOME OF THOSE AS WELL AS ANY THAT YOU GUYS HAVE TODAY. ONE OF THEM WAS PARKING. SO WITH THIS TOWN HOME IT'S ONLY A TWO BEDROOM HOME AND WE HAVE TWO PARKING SPOTS ASSIGNED TO IT SO IT WOULDN'T TAKE AWAY FROM ANY PARKING IN THE, IN THE AREA FOR ANYONE WHO'S VISITING THE AREA. UM, ANOTHER ONE WAS HOUSING AVAILABILITY. AND AS I MENTIONED BEFORE, THERE'S STILL LOTS OF HOMES AVAILABLE FOR ANYONE WHO WOULD WANT TO LIVE IN THE AREA OR RENT, UM, IN THE AREA AS WELL. ANOTHER THING I LOOKED INTO IS THE PROS OF AN AIRBNB AND SO, UM, I HAVE A LIST OF ALL THE LOCAL, UH, BUSINESSES THERE THAT OUR AIRBNB COULD PROVIDE ADDITIONAL PEOPLE BECAUSE IT IS SUCH AN EMPTY, UM, NEIGHBORHOOD THERE ADDITIONAL PEOPLE WHO COULD SUPPORT THOSE LOCAL BUSINESSES. SO I'LL PAUSE THERE THIS MY FIRST TIME TO SEE IF YOU HAVE ANY QUESTIONS. OKAY. UH, COMMISSIONER BRAGMAN, UM, YOU REFERRED THAT SOMEBODY TOLD YOU THAT YOU COULD ABSOLUTELY AIRBNB. WAS THAT FROM THE CITY OR WHO WAS THAT FROM? UH, REAL ESTATE AGENT. OKAY. YEAH, . YES, UNFORTUNATELY. OH BOY. OKAY. UH, ANY OTHER QUESTIONS? DEAN, COMMISSIONER, DEAN. SO $300 BELOW UH, THE MARKET RATE. SO HOW MUCH IN DOLLARS ARE YOU ASKING, UH, FOR THE UH, LONG-TERM RENTAL? YEAH, SO GREAT QUESTION. SO OUR MORTGAGE ON THE HOME IS 2250 A MONTH. AND SO WE'VE ASKED, WE'VE LOWERED IT TO 1950 A MONTH AT CURRENTLY AND STILL HAVE NOT HAD, UM, ANYONE EVEN ASKED TO LOOK AT THE HOME. THANKS. MM-HMM ALRIGHT, UH, I'VE GOT A FEW QUESTIONS. SO DOES THIS UH, DEVELOPMENT HAVE A, UH, PROPERTY NEWS ASSOCIATION OR AN HOA? THEY DO. SO DIG NDY HILL NEIGHBORHOOD ASSOCIATION AND THE PRESIDENT IS PHYLLIS MCNAIR, WHO IS A LOVELY WOMAN. I SPOKE WITH HER THIS MORNING. UM, SHE SAID THAT SHE RESPECTS WHATEVER DECISION THAT THE BOARD DECIDES TODAY AND WELCOMES ME TO UPCOMING MEETINGS. SO I HAVE ALREADY MADE CONTACT WITH HER AS WELL BECAUSE IT, IT, I THOUGHT THAT THEY HAD EXPRESSED, UH, I HAVE NO IDEA. I HAVE PHYLLIS'S PHONE NUMBER AND I'M WELCOME TO, I DON'T KNOW IF THERE'S SOMEBODY ELSE ON THE BOARD THAT, THAT THEY SPOKE TO, BUT I'VE SPOKEN TO PHYLLIS. SO IS THIS, IS THIS OWNED INDIVIDUALLY BY LOT THIS IDZ DEVELOPMENT OR DO YOU OWN THE WHOLE THING OR JUST A COUPLE OF UNITS IN IT? JUST THOSE TWO UNITS. AND SO DO, IS THERE AN HOA FOR THE IDZ DEVELOPMENT? THE HOA IS NOW IS STILL THE BUILDING ASSOCIATION TERRAMARK. UM, AND SO I PUT IN SOME OTHER THINGS WITH TERRAMARK, BUT THEY'RE THE BUILDERS. SO DOES THERE RESTRICTIONS, UM, UH, ALLOW OR NOT ALLOW OR EVEN TOUCH ON WHETHER SDRS ARE ALLOWED IN THIS DEVELOPMENT? UM, NOPE. THEY DID NOT. AND I REACHED OUT TO CLARIFY AND I HAVEN'T GOTTEN A RESPONSE BACK FROM THEM. UM, BUT IT WAS, THEY DIRECT ME TO SOME, SOMEBODY WITHIN THE, THE BUILDER COMPANY. SO, UM, OKAY. MY ASSUMPTION WOULD BE NO. UH, THANK YOU. ANY OTHER QUESTIONS? COMMISSIONER QUESTION IS FOR STAFF. THE APPLICANT HAS AN EXISTING SHORTTERM RENTAL. UH, DO WE KNOW IF SHE'S CURRENT ON ALL THE HOT TAXES AND ANY COMPLAINTS ON THAT EXISTING SHORT-TERM RENTAL SHE OPERATES? UM, WE HAVE NO, UM, COMPLAINTS OR VIOLATIONS FOR THIS PROPERTY. AND AS TO DATE THE PROPERTY IS CURRENT ON THEIR HOT TAXES. THANK YOU. ANY OTHER QUESTIONS? AND I HAVE ONE MORE QUESTION. ARE, ARE THESE OWNED UNDER A CORPORATION OR YOU PERSONALLY? UH, US PERSONALLY WE'RE, WE ARE TRYING TO MOVE IT UNDER A CORPORATION LU JUST FOR PROTECTION. WELL, THE REASON WHY I ASK IS, UH, IF THE STORE TO BE GRANTED TODAY AND YOU WERE GRANTED A PERMIT, THE MOMENT THE OWNERSHIP CHANGES, YOU LOSE THAT PERMIT. OH, YOU, OH, THAT'S GOOD. VERY, VERY GOOD. SO DO YOU NEED A, DO YOU NEED A CONTINUE? DO YOU WANNA MOVE FORWARD TODAY? UH, THAT'S A GREAT QUESTION. UM, I THINK LET'S JUST MOVE FORWARD 'CAUSE I KNOW THAT YOUR TIME IS VALUABLE AND THEN WE CAN HOLD THAT OFF TILL, OKAY. OKAY. ALRIGHT. UM, AND ONE LAST THING IS, UH, FOR STAFF, IF THIS GETS DENIED TODAY AND SHE PUTS IT UNDER A NEW OWNERSHIP, DOES SHE GET TO COME BACK OR DOES SHE HAVE TO WAIT THE YEAR BECAUSE IT'S TIED TO THE PROPERTY OR TO THE APPLICANT COMMISSIONER? IT IS TIED TO THE OWNER. SO IF IT'S A NEW PROPERTY OWNER, THEY CAN APPLY FOR A NEW SDR PERMIT UNDER THE NEW OWNER'S NAME. WELL, ALRIGHT. SO WITH THAT ONE MORE QUESTION, COMMISSIONER, THIS IS IN REGARDS TO THE EASEMENT CONCERN YOU BROUGHT UP MR. CHAIR. IF WE WERE TO, UM, INCLUDE THE PROPERTIES ADJACENT THAT ARE ATTACHED TO THAT EASEMENT, WOULD SHE STILL BE WITHIN THE 16%? UM, UH, WOULD SHE BE IN COMPLIANCE WITH A PERCENTAGE OR [00:20:01] WOULD IT STILL EXCEED THE SHORT, THE COMPLIANT IT WOULD EXCEED 'CAUSE IT'S GOING UP TO LIKE 30%. IT WOULD, EVEN IF WE INCLUDE THE YEAH. PROPERTIES THAT ARE, IT JUST WOULD BE LESS THAN 30%. OKAY. THANK YOU MANNA COMMISSIONER MANNA. AND, UM, SO IF IT IS GRANTED, UM, AND BECAUSE THIS IS AN EXCEPTION, UM, IS THERE REVIEW, THE REVIEW AUTOMATICALLY HAPPENS IN THREE YEARS, CORRECT? YES. OR IF SHE, IF SHE PUTS EITHER OF HER STRS IN A DIFFERENT OWNERSHIP, SHE IMMEDIATELY LOSES THAT LIGHT, THAT PERMIT, JUST SO YOU KNOW. NO, IF THAT'S VERY GOOD TO KNOW. THANK YOU, . ALL RIGHT, SO WE'RE LOOKING FOR A MOTION. I GOT A TWO VOICEMAILS. YES. OH, I APOLOGIZE. LET'S HEAR THE VOICEMAILS. HELLO, MY NAME IS NICK WARRINGTON. I'M THE PROPERTY OWNER AT 9 1 8 NORTH OLIVE STREET IN SAN ANTONIO, TEXAS. UM, I AM CALLING REGARDING THE CASE NUMBER ENDING IN 0 2 3 2 THAT IS BEING HEARD ON JANUARY 6TH. AS ONE OF THE ORIGINAL PROPERTY OWNERS AT THE EAST VILLAGE COMMUNITY, UH, WE PURCHASED OUR HOME WITH THE UNDERSTANDING THAT THE NUMBER OF SHORT-TERM RENTALS WAS ALREADY REACHED AND WOULD NOT HAVE TO WORRY ABOUT ADDITIONAL PROPERTIES BEING ADDED FOR THIS SPECIFIC REASON. I AM CONCERNED, UM, IN ADDITION WITH THE PARKING ISSUES THAT'S GOING TO ARISE FROM THIS FEE, THIS PROPERTY BECOMING A SHORT-TERM RENTAL AND HAVING STRANGERS CONSTANTLY BEING LOST OR CONFUSED ON WHICH PROPERTY ACTUALLY IS THE SHORT-TERM RENTAL. THIS IS AN EXPERIENCE AND AN ISSUE THAT WE HAVE ALREADY FACED MULTIPLE TIMES PER MONTH, UH, HAVING TO GIVE PEOPLE DIRECTIONS AND TELL THEM WHERE TO GO BECAUSE OUR PROPERTY IS NOT A SHORT-TERM RENTAL. UH, MY UNDERSTANDING IS THAT THE CITY HAS PUT LIMITS, UH, FOR SHORT-TERM RENTALS IN PLACE FOR A REASON, AND I HOPE THE BOARD OF ADJUSTMENT WILL UPHOLD THIS POLICY AND DENY THIS REQUEST. THANK YOU. HELLO, MY NAME IS LULU FRANCE, CHAIRWOMAN OF THE DIGNITY HILL ARCHITECTURAL REVIEW COMMITTEE, AND I'M CALLING IN TO COMMENT ON CASE 1 0 3 0 0 2 3 2. ONE OF THE CONCERNS WE'VE ALWAYS HAD WITH THE TYPE OF DEVELOPMENT IN WHICH THERE ARE MULTIPLE SMALL HOUSES WITHOUT YARD SPACE BUILT SO CLOSELY TOGETHER IS THAT THE PEOPLE WHO BUY THESE TYPES OF PROPERTIES WANT THEM AS INCOME SOURCES ONLY. THEY DON'T WANT TO SETTLE INTO OUR NEIGHBORHOOD AND CONTRIBUTE AS A RESIDENT WHO ACTUALLY LIVES HERE. IT SEEMS AS IF THIS IS THE CASE WITH THIS APPLICANT SINCE SHE OWNS AN ADDITIONAL FOUR OTHER PROPERTIES THROUGHOUT SAN ANTONIO AND HE LOTUS DIGNITY HILL IS A VIBRANT NEIGHBORHOOD WITH RESIDENTS WHO WANT TO CONTINUE TO LIVE HERE AND CONTRIBUTE TO AND HONOR THE HISTORICAL HOUSES THAT HAVE BEEN HERE SINCE THE LATE 18 HUNDREDS. AND WE WANNA KEEP IT THAT WAY. WE DON'T WANT IT TO BECOME A HIVE OF INVESTMENT PROPERTIES SIMPLY BECAUSE WE'RE LOCATED EAST OF DOWNTOWN. THAT IS WHY WE SUPPORT STAFF'S RECOMMENDATION TO DENY THIS SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT TERM RENTAL PERMIT ON THIS BLOCK BASE. WE ASK THAT YOU HELP SUPPORT OUR NEVER ENDING STRUGGLE TO KEEP THE TYPE TWO SHORT TERM RENTALS FROM OVERTAKING OUR NEIGHBORHOOD AND VOTE AGAINST THIS REQUEST. THANK YOU. ALRIGHT, ANYONE, SENATOR TO SPEAK? THAT'S ALL THE PUBLIC COMMENT. OKAY. SO WITH THAT, I'M LOOKING FOR A MOTION, UH, MANNA. SO, UH, THE APPLICANT, UH, NEED CAN SPEAK TO THE POINTS THAT WAS BROUGHT UP. I WOULD LOVE TO ACTUALLY SURE, GO AHEAD. UM, SO ONE OF THE INITIAL POINTS WAS PARKING. UM, AND SO AS I MENTIONED EARLIER, WE DO HAVE TWO PARKING SPOTS ASSIGNED TO THIS UNIT. I ALSO AGREE WITH, WITH WHAT THAT GENTLEMAN SAID ABOUT PEOPLE BEING CONFUSED AS I'VE HAD FOOD DELIVERED TO ME BEFORE AND THEY GET ALL, ALL, ALL KINDS OF LOST IN THE AREA. UM, SO I PLAN TO RECTIFY THAT WITH HAVING REALLY GOOD DIRECTIONS. UM, I ONLY OWN ONE OTHER AIRBNB IN THE ENTIRE CITY OF SAN ANTONIO, SO I'M NOT SURE WHERE THE FOUR PROPERTIES CAME UP FROM AIRBNB, BUT THAT ONE IS RIGHT NEXT TO IT. UM, AND I PLAN ON HAVING DIRECTIONS EXACTLY TO WHERE TO GO TO AS YOU GET REALLY BAD REVIEWS IF PEOPLE CAN'T FIND YOUR LOCATION. UM, AS FAR AS ANY, UM, STRANGERS IN THE AREA, WE ONLY UTILIZE AIRBNB. THE ONLY OTHER AIRBNB I HAVE IS IN A, IS ANOTHER CITY. UM, AND THEIR AIRBNB IS REALLY GOOD AT TELLING US THAT THEY'RE A SUSPICIOUS PERSON WHEN WE LOOK AT REVIEWS AND WE MAKE SURE THAT EVERYBODY IS RUN THROUGH A CHECK. SO THERE WOULD NOT BE ANYBODY DANGEROUS OR ANY STRANGER IN THE AREA IF THEY WOULD BE PROPERLY GUIDED TO OUR HOME THAT HAS THE TWO, UM, PARKING SPOTS. AND I DO, UH, THINK LULU WAS THE SECOND PERSON WHO SPOKE TO THE AREA AND I AGREE, I THINK IT'S A BEAUTIFUL AREA. I THINK RIGHT NOW IT'S NOT BEING PROPERLY SERVED AS FAR AS PEOPLE ACTUALLY MOVING INTO IT, WHICH IS WHY UM, THERE ARE SO MANY HOMES FOR SALE AND OUR SPECIFIC NEIGHBORHOOD AND HOPEFULLY SOMETHING LIKE AN AIRBNB SHORT-TERM RENTAL, AT LEAST FOR THE NEXT THREE YEARS WOULD BE ABLE TO BRING SOME TYPE OF FLOW TO THE NEIGHBORHOOD AS IT CONTINUES TO IMPROVE AND GET BETTER. AND YOU HAVE TWO PARKING SPACES PER UNIT, RIGHT? PER UNIT? YES SIR. ALRIGHT, ANY OTHER QUESTIONS? I HEAR NONE. THIS LOOKING FOR A MOTION [00:25:04] COMMISSIONER BENA VIEWS REGARDING CASE NUMBER BO OA 2 4 1 0 3 0 0 2 3 2. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO SHORT-TERM RENTAL UNIT SITUATED AT 9 1 4 NORTH OLIVE STREET, UNIT 5 0 1 APPLICANT BEING BRITTANY COR CORINO. MM-HMM . YES MA'AM. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT HAVE THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIF OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY. THE BOARD FINDS THAT THE REQUEST TO OPERATE AN ADDITIONAL SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY OR WELFARE. THERE IS NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY. B, THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE. THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE A PUBLIC NUISANCE WOULD BE CREATED IF AN ADDITIONAL SHORT-TERM RENTAL PERMIT WAS APPROVED. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE NEIGHBORING PROPERTIES CONSIST 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, SPACE, AND OTHER NECESSARY FACILITIES HAVE NOT, OR, OR ARE, HAVE NOT BEEN OR ARE BEING PROVIDED. THE SUBJECT PROPERTY PROVIDES OFF STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE. E THE APPLICANT OR OWNER FOR THE SPECIAL EXCEPTION DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES. CONFIRMED CITATIONS OR ADJUDICATED OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITHIN ONE YEAR PRIOR TO THE DATE OF THE APPLICATION. OH MY GOD, THE APPLICANT OR OWNER DOES NOT HAVE CONFIRMED CITATIONS OR ADJUDICATED OFFENSES OR CONVICTIONS. F THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION OF WHICH THE PROPERTY FOR, FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO OTHER RESIDENTIAL USES WITH THE PROPERTY OWNER PROVIDING OFF STREET PARKING AND ME AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY. THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION AND A MOTION. ALRIGHT, IS THERE A SECOND? SECOND. SECOND BY COMMISSIONER MANOCK. COMMISSIONER BENAVIDES. UM, THIS IS A TOUGH ONE I HAVE TO SAY. UM, I, ALTHOUGH I COMMEND, UM, YOUR DEDICATION TO THE COMMUNITY, I UH, WILL NOT BE IN FAVOR OF THE MOTION BECAUSE OF THE, THE, THE, THE CITY ORDINANCE COMMISSIONER MANNA. UM, I AGREE WITH MY COLLEAGUE UNFORTUNATELY, UM, YOU KNOW, AT BLACKFACE, YOU KNOW, JUST TRYING TO WORK THROUGH THAT AND EVEN THEN IT'S STILL ABOVE, YOU KNOW, THE NUMBER THAT WE, UM, YOU KNOW, I GUESS ARE TED WITHIN A BLOCK FACE. ALSO TAKE A LOOK AROUND, THERE'S LIKE 28 OTHER AIRBNBS OR, UH, SHORT TERM RENTALS, UM, WITHIN 800 FEET. AND SO THAT'S REALLY CLOSE. SO IT'S A PRETTY DENSE AREA ALREADY. AND THEN, UM, ALSO, YOU KNOW, NOT GETTING THE COMMUNITY'S BUY-IN. AND SO I'M VERY STRONG SUPPORTER OF, OF THE COMMUNITY WITH REGARDS TO THE NEIGHBORHOOD ASSOCIATIONS. AND SINCE THEY ARE NOT SUPPORTING IT THEN, THEN I REALLY CAN'T SUPPORT IT EITHER, SO I'M SORRY. OKAY. ANYONE ELSE? UH, I'M GONNA SAY I'M GONNA BE IN SUPPORT OF THIS ONE BECAUSE I THINK, I THINK STAFF'S ARE CALCULATING BLOCK FACING INCORRECTLY PERSONALLY. UM, THERE'S, THERE'S 12 IN THIS I DT DEVELOPMENT THAT'S FRONTING, UH, THE MAIN STREET THAT IT'S ADDRESSED OFF OF. PLUS THE ONE IN QUESTION, IF YOU ADD TWO THAT GETS YOU TO 15.5%. SO THIS DOESN'T BOTHER ME ALL THAT MUCH, ESPECIALLY SINCE IT'S SECLUDED. IT HAS TWO PARKING SPACES AND IT'S, IT'S, I DON'T SEE IT AS, AS IT'S NOT A VERY LARGE PLAY. SO, UM, IT'S NOT LIKE IT'S THREE OR FOUR BEDROOMS. SO WITH THIS ONE I'LL BE, UH, RECOMMENDING SUPPORT, SUPPORT UNA COMMISSIONER ZUNA. YEAH, SO I'LL BE IN SUPPORT AS WELL. UH, I MENTIONED THE CALCULATION IN MY COMMENTS AS WELL. ALSO, UM, THE APPLICANT MADE BEST EFFORTS TO TRY TO GET THE LEASING DONE. OBVIOUSLY THERE'S A NUMBER OF VACANT UNITS WITHIN THE PROPERTY THAT TELL ME, YOU KNOW, THAT IF, IF THERE WAS DEMAND [00:30:01] FOR RENTAL UNITS, IT'S NOT LIKE SHE'S TAKING AWAY UNITS THAT WOULD OTHERWISE BE LONG-TERM RENTED BECAUSE THE OPPORTUNITY FOR A LONG-TERM RENTAL IS THERE AND THOSE PEOPLE HAVEN'T TAKEN ADVANTAGE OF IT. SO I THINK THIS PROVIDES AN OPPORTUNITY TO GET THE UNIT OCCUPIED AND THEN PERHAPS IN TWO OR THREE YEARS AS A MARKET DEVELOPS COULD POTENTIALLY BE A LONG-TERM LEASE. ALRIGHT, WITH THAT IS HAVE, UH, HAVE A ROLL CALL VOTE PLEASE. COMMISSIONER BENAVIDES? NO. COMMISSIONER MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? NO, I DO NOT CONCUR. COMMISSIONER IBANEZ? I DO NOT CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER CRUZ? I DO NOT CONCUR. COMMISSIONER GOMEZ? I DO NOT CONCUR. COMMISSIONER BRAGMAN? I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ, I DO NOT CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION FAILS, UH, THREE TO EIGHT. SO, UM, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF AND AS YOU HEARD BEFORE, IF YOU DO CHANGE OWNERSHIP YOU CAN COME BACK, BUT I DO RECOMMEND THAT IF THAT HAPPENS, YOU REALLY NEED TO TALK TO YOUR NEIGHBORS AND THE NEIGHBOR ASSOCIATION. THANK YOU VERY MUCH. THANK YOU. AND, UH, REAL QUICK IS THE APPLICANT FOR 1638 NORTHEAST LOOP FOUR 10 PRESENT WITH A SIGN VARIANCE? OKAY, UM, YES. WE REQUEST, UH, WE HAVE A EXTERNAL STAFF HERE FOR ITEM NUMBER FOUR FROM THE SIGN DEPARTMENT. OH, SURE, SURE. UH, WE CAN BUMP ITEM NUMBER FOUR UP, SO WE'LL DO NUMBER FOUR NEXT. OKAY. BO OA 24 1 0 3 0 0 2 2 9. ADDRESS IS 1638 NORTHEAST LOOP FOUR 10. COUNSEL, COUNSEL DISTRICT 10 APPLICANT IS KATHY SONG A REQUEST FOR ONE A 15 FOOT VARIANCE FROM THE MC THREE AUSTIN HIGHWAY. HARRY, WE BLOCK METROPOLITAN CORRIDOR DISTRICT'S. MAXIMUM 35 FEET SIGN HEIGHT TO INCLUDE 10 FOOT FOR JASON. GREAT TO ALLOW A 50 FOOT SIGN HEIGHT AND 2 1 0 1 SQUARE FOOT VARIANCE FROM THE MC THREE AUSTIN HIGHWAY HARRY WARBUCK METROPOLITAN CORRIDOR DISTRICT'S. MAXIMUM 65 SIGN SQUARE FOOTAGE TO ALLOW 101 HUNDRED 66 SIGN. UH, SQUARE FEET FOOTAGE ZONING. THIS, UH, C TWO CD, THE SUBJECT PROPERTY IS LOCATED ALONG NORTHEAST LOOP FOUR 10 ACCESS ROAD. THE APPLICANT IS REQUESTING A SIGN HEIGHT AND SQUARE FOOTAGE VARIANCE. THE SIGN IS NOT CURRENTLY CONSTRUCTED AND WILL BE PLACED ALONG THE LOT. FRONTAGE ALONG NORTHEAST LOOP FOUR 10 ACCESS ROAD. THE AUSTIN HIGHWAY HARRY WESTBACK METRO PORT METROPOLITAN CORRIDOR ORDER PRESCRIBES A MAXIMUM 35 FEET HEIGHT TO INCLUDE 10 FEET ADDITIONAL GRADE AND UP TO 65 SQUARE FEET. THE APPLICANT IS REQUESTING A 50 FOOT HEIGHT AT 166 SQUARE FEET. MULTIPLE, MULTIPLE TENANT SIGN IS THERE SITE PLAN AND THE SUBJECT PROPERTY. AND THIS IS SOME OF THE SURROUNDING AREA STAFF RECOMMENDATIONS. HE HEIGHT AND SQUARE FOOTAGE VARIANCES. STAFF RECOMMENDS DENIAL AND BO O 8 24 1 0 3 0 0 2 2 9 2 9 BASED ON THE FOLLOWING, THE VARIANCE WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND A SIGNED CONSTRUCTED AND COMPLIANCE WITHIN THE AUSTIN HIGHWAY HARRY WARS BLOCK. METROPOLITAN CORRIDOR STANDARDS WILL NOT CAUSE A CESSATION OF LITIGATE, LONGSTANDING ACTIVE COMMERCIAL USE OF THE PROPERTY NOTIFICATION PLAN 14 NOTICES WERE MAILED. ZERO IN FAVOR, ZERO IN OPPOSITION. AND OAK PARK NORTHWOOD NEIGHBORHOOD ASSOCIATION IS IN FAVOR AND NO RESPONSE FROM LIFELINE OVEREATERS ANONYMOUS NES FOUNDATION, DUG IN FOR CHRIST AND WOMEN IN FILM TELEVISION, SAN ANTONIO COMMUNITY ORGANIZATIONS. AND HERE IS THE, UH, UPDATED LETTER FROM THE NEIGHBORHOOD ASSOCIATION AND THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT SHOULD BE AVAILABLE. ALRIGHT, THANK YOU. UH, HAVE THE APPLICANT COME FORWARD. UH, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR, UH, YOUR PROJECT. HAPPY NEW YEAR. [00:35:01] UH, MY NAME IS KATHY SONG AND I'M ASKING FOR A SIGN VARIANCE, UH, LOCATED FOR THIS, UH, FOR OUR CLIENT, HTO. AND SO, UM, WE HAVE A SLIDE, I THINK . SO, UM, I WAS HERE LAST I GUESS COUPLE WEEKS AGO, BUT I WANNA JUST KIND GO OVER THE, UM, I GUESS LITTLE BIT MORE IN DETAIL FOR THE, FOR THE COMMISSIONERS THAT WEREN'T HERE. YEAH, THAT'S THE ONE. OKAY. SO HTO HERE, UM, THEY'RE ONE OF THE FASTEST GROWING FRANCHISEES. THEY SELL, UM, COFFEE AND TEA. UM, AND IF YOU LOOK AT THE NEXT SLIDE, UM, IT'S, YOU KNOW, VERY FAMILY ORIENTED. THEIR INSIDE LOOKS REALLY NICE. UM, THEY, THERE'S A LOT OF FRANCHISEES WHO, YOU KNOW, PUT, UH, WORK REALLY HARD AND PUT THEIR, I GUESS, RETIREMENT TO OPEN UP A FRANCHISE FRANCHISE. AND SO THIS IS, UM, ONE OF THE LOCATIONS OFF THE 1638. UM, MY CLIENT CHOSE, IF YOU COULD GO TO THE, OH, OKAY. IF YOU LOOK AT THIS LOCATION, UH, OUR CLIENT SPECIFICALLY PICKED THIS LOCATION, UM, BECAUSE THEY ACTUALLY NOT JUST HAVE ONE LOT, BUT TWO LOTS, UM, DUE TO THE VISIBILITY, UM, RIGHT OFF THE HIGHWAY. AND, UM, IT'S OFF OF FOUR 10. AND SO IF YOU LOOK, UM, OOPS. SO THEY'RE RIGHT AT THAT CORNER IN THAT YELLOW SPACE. AND THEN, UM, SO CURRENTLY ALL OF THE LOCATIONS OFF THE FOUR 10 THEY HAVE, THEY GET TO HAVE A 375 SQUARE FOOT SIGNAGE AT 65 FEET HIGH. AND SO FOR THIS LOCATION, THEY HAVE TO, UH, IT'S, UH, WE'RE GETTING THE VARIANCE BECAUSE IT'S ON AN MC THREE LOCATION THAT WAS VOTED IN 2012. AND THE PURPOSE, UH, WE LOOKED OVER THE, UH, INFORMATION AND AT THAT TIME THE PURPOSE WAS TO DEVELOP THIS AREA. AND SO IF YOU LOOK, OUR CLIENT IS PURCHASED, I MEAN, UH, IS, IS, UH, CREATING AND DEVELOPING THIS AREA WITH THE HTO SO THAT THEY CAN DO THAT. AND THEN IF YOU LOOK, THE MC THREE ONLY APPLIES FROM THAT CORNER OF WHERE HE'S LOCATED ALL THE WAY DOWN FOR EIGHT MILES DOWN. AND IT'S MOSTLY RESIDENTIAL AREA. OKAY. UM, AND IF YOU LOOK RIGHT HERE, THIS IS THE ASSOCIATION, THE PRESIDENT GINA, UM, SHE, UH, IS IN COMPLETE SUPPORT. SO THIS WHOLE NEIGHBORHOOD THAT'S RIGHT BEHIND HTO, THEY'RE IN SUPPORT OF HAVING A SIGNAGE WITH THE VARIANCE. UM, THIS IS THE, UH, LOCATION THAT THAT WAS SHOWN. IF YOU LOOK AT THIS RIGHT HERE, UM, IT MIGHT BE KINDA HARD TO SEE, BUT IF YOU LOOK, IF WE FOLLOW THE MC THREE FROM THE HIGHWAY, YOU CAN'T EVEN SEE THE SIGN. SO IT'S NOT EVEN VISIBLE TO THE SIGN LOCATION. AND IF WE GO HIGHER UP ON THE SIGNAGE, THE, THE SQUARE FOOTAGE NEEDS TO GET BIGGER BECAUSE IT'S NOT GONNA BE VISIBLE. UH, THIS IS FROM THE OTHER AREA OF THE SIGN. AND SO THE TOP PICTURE, IF WE FOLLOW THE MC THREE, YOU CAN TELL THAT THERE, YOU CAN'T SEE ANY TYPE OF SIGNAGE ABOVE THE TREES. SO THE ONE THAT'S BELOW IT IS WHAT WE'RE PROPOSING. UM, WE ARE REMOVING THE OTHER SIGN, UH, WHERE THERE'S GONNA BE THE DRIVE THROUGH AND THEN WE'RE JUST PROPOSING THAT SIGN THAT IS ACTUALLY 10 FOOT EVEN LOWER THAN THE OTHER ONE. UH, THIS IS THE AREA AROUND THAT, UM, LOCATION. AND IF YOU LOOK THIS, THIS SIGNAGE IS, YOU KNOW, KIND OF OLD, BUT, UM, THEY HAVE 160 SQUARE FOOT, UM, SIGNAGE. THEY HAVE 160 SQUARE FOOT SIGNAGE. AND SO WE'RE JUST ASKING, UM, FOR THEM TO HAVE A, YOU KNOW, THE SAME TYPE OF SIGNAGE. AND IF YOU LOOK, THEY'RE ALSO COMPETING WITH BILLBOARDS THAT ARE OUT THERE. UM, AND SO ONE OF THE BILLBOARDS IS RIGHT NEXT TO THEIR LOCATION. AND SO, UM, LEMME SEE IF I MISSED ANYTHING. ELSE. , UM, OKAY, SO I KNOW FROM THE LAST MEETING, UM, THIS IS THE LEFT ONE, IT'S THE ONE THAT WE ARE PROPOSING. AND I KNOW FROM THE LAST MEETING, UM, WAS REQUESTED THAT MAYBE WE GO A LITTLE BIT SMALLER, BUT I DO WANNA MENTION THAT WE'RE ASKING FOR 160 FEET. THAT IS THE, IT'S THE SAME SIZE SQUARE FOOTAGE WITH THE NEXT NEXT DOOR NEIGHBORHOOD, AND THEN IT'S LESS THAN 375 FEET. SO THE ONLY ONLY BUSINESS THAT'S GETTING AFFECTED IS ACTUALLY THEIR LOCATION ALL ACROSS FOUR 10, UH, FOUR 10 HIGHWAY. UM, UH, THERE WAS A PHONE CALL LAST TIME I WAS HERE THAT WAS AGAINST IT. UM, WE LOOKED, WE UM, ACTUALLY LOOKED UP THE ADDRESS THERE ABOUT 15 TO 20 MINUTES IF ON, YOU KNOW, UH, WHEN THERE'S TRAFFIC TO THIS LOCATION. BUT WE HAVE THE PRESIDENT OF THE ASSOCIATION THAT IS, YOU KNOW, FOR FORWARD ALL BEHIND THIS NEIGHBORHOOD. UM, THEY ACTUALLY MENTIONED THE GPS AS WELL, LIKE PEOPLE [00:40:01] WILL FIND IT THROUGH A GPS, UM, ONE OF THE COMMISSIONER THAT WAS HERE. AND, UM, I JUST WANNA MENTION THAT, YOU KNOW, I DON'T DO SOCIAL MEDIA AND I DON'T REALLY WATCH TV. AND SO THE ONLY WAY I COULD ACTUALLY SOMETIMES SEE, YOU KNOW, IF, IF A NEW BUSINESS CAME ABOUT IS BY THE SIGNAGE WHEN I'M DRIVING OFF THE HIGHWAY. AND IF IT'S NOT JUST ME, IF IT'S LIKE FAMILY, UM, THEN MAYBE SOMEBODY THAT'S IN, YOU KNOW, THAT'S A PASSENGER SEAT WILL BE LOOKING AT THE SIGNAGE AND SAYING, HEY, I WANNA GO HERE BECAUSE IT LOOKS LIKE IT'S NEW. AND THAT'S HOW THEY WOULD FIND TO, TO LOCATE THAT LOOK, LOOK IT UP HTO, AND FIND THAT THEY SELL COFFEE AND TEA AND MAYBE GO TO THAT LOCATION. SO I KNOW THAT, YOU KNOW, A LOT OF PEOPLE THINK THAT SIGNAGE IS JUST KIND OF LIKE A WAYFINDING SIGNAGE, BUT FOR US IT'S TO CREATE MORE TRAFFIC. WE WANNA GIVE OUR CLIENT THE BEST POSSIBLE, YOU KNOW, CASE WHERE, UM, WHERE THEY'RE SPENDING, YOU KNOW, A LOT OF MONEY TO DEVELOP THIS PLACE. AND, AND ONE OF THE, ONE OF THE WAYS FOR PEOPLE TO KNOW THAT THEY EVEN EXIST IS THROUGH SIGNAGE. AND SO THEY NEED, THEY NEED KIND OF, YOU KNOW, UH, I GUESS A MARK THAT PEOPLE CAN GO AND, YOU KNOW, GO, GO AND GO THERE. AND AGAIN, UM, WE'RE NOT ASKING FOR 375 SQUARE FEET THAT'S ALLOWED FOR EVERY, UH, EVERY, UH, YOU KNOW, ALL THE WAY FROM 35 ALL THE WAY DOWN. THEY CAN HAVE A 375 SQUARE FEET AT 65. WE'RE ONLY ASKING FOR THE SAME SQUARE FOOTAGE THAT'S AROUND THAT AREA. THAT'S RIGHT. NEXT DOOR NEIGHBOR. ALRIGHT, THANK YOU STAFF. HAS ANYONE SIGNED THE SPEAKER VOICEMAILS? NO PUBLIC COMMENT. CAN YOU, UM, WHILE WE, WHILE WE OPEN THIS UP TO COMMISSIONER QUESTIONS, CAN YOU PLEASE BRING UP THE ONE STOP MAP AND, AND TURN ON THE, UH, OVERLAY DISTRICT SO WE CAN KIND OF SEE WHERE THIS LIES IN RELATION TO EVERYTHING. SO LET'S START OFF WITH SOME QUESTIONS. ANY COMMISSIONER QUESTIONS? COMMISSIONER ZUNA? YES. SO YOU HAD MENTIONED THERE'S TWO TRACKS OF LAND MM-HMM . BUT THIS SIGN IS ONLY ONLY OF THE ONES FOR THE ONES PARCEL, RIGHT? SO YES. ONE, DO YOU PLAN ON HAVING SIGNAGE FOR THE OTHER? THAT ONE IS GETTING REMOVED BECAUSE IT'S, UH, WHEN PEOPLE ARE DRIVING IN TO THAT SPACE, THAT'S WHERE THEY'RE GONNA DRIVE IN TO. SO THAT'S, THAT OTHER SIGN WILL BE REMOVED. YES. BUT SO THERE, SO THERE'S TWO PARCELS, RIGHT? SEPARATE PARCELS, BUT THEY'RE BOTH PARCELS ARE BEING UTILIZED FOR THE SAME STORE. YES, THAT'S CORRECT. THAT'S CORRECT. SO'S A SEPARATE PARCEL THAT NO, IT'S NOT, THAT REQUIRES SEPARATE SIGN. MM-HMM . YEAH, THANK YOU. THAT'S CORRECT. ALL RIGHT. SO STAFF HAS BROUGHT UP THE OVERLAY DISTRICT MAP, THE MC THREE, UH, AND YOU CAN SEE THAT, UM, YOU KNOW WHAT THE CLIENT WAS SAYING THAT AS YOU MOVE TO THE WEST DOWN THE ACCESS ROAD, SO LIKE THAT C TWO, THAT RED C TWO PROPERTY AND EVERYONE TO THE WEST, UH, CAN HAVE A 375 FOOT SIGN THAT'S 65 FEET TALL. UH, AND SO I JUST WANTED JUST TO PUT THAT INTO PERSPECTIVE. WHAT THE APPLICANT HERE WAS, WAS, UH, MENTIONING. SO IS THERE, UH, MOVING ON, ANY OTHER QUESTIONS? I I HAVE A QUESTION. COMMISSIONER BRAGG. BOTH LOT ARE BOTH LOTS. UM, ZONE M THREE, IS THAT WHAT I'M SEEING? THEY BOTH ARE. YEAH, THAT'S CORRECT. SO, SO WE'RE PUTTING THE SIGNAGE, IT'S LIKE TWO LOTS. YEAH. YEP. OKAY. ANYONE ELSE? ALRIGHT, WELL IS THERE ANYTHING ELSE YOU'D TO ADD BEFORE WE MOVE ON TO A MOTION? ALRIGHT, SO I'M LOOKING FOR A MOTION BRAGMAN COMMISSIONER BRAGMAN REGARDING CASE NUMBER BO A DASH 24 DASH 1 0 3 0 0 2 29. I MOVE THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR ONE OF 15 FOOT VARIANCE FROM MC THREE AUSTIN HIGHWAY HARRY WBA METROPOLITAN CORRIDOR DISTRICT, MAXIMUM 35 FOOT SIGN HEIGHT TO INCLUDE 10 FEET FOR ADJACENT GRADE TO ALLOW 50 FOOT SIGN HEIGHT AND TWO, A 101 SQUARE FOOT VARIANCE FROM MC THREE AUSTIN HIGHWAY HARRY WBA METROPOLITAN CORRIDOR DISTRICT, A MAX MAXIMUM 65 SIGN SQUARE FOOTAGE TO ALLOW 166 SIGN SQUARE FOOTAGE SITUATED AT 1 6 3 8 NORTHEAST LOOP FOUR 10 APPLICANT BEING KATHY SONG. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS WE'VE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. TYPICALLY, WE FIND THAT ONE THE VARIANCE IS NECESSARY BECAUSE STRICT ENFORCEMENT OF THIS ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNS ON THE SITE. CONSIDERING THE UNIQUE FEATURES OF A SITE SUCH AS ITS DIMENSIONS, LANDSCAPING, OR TOPOGRAPHY, OR TO A DENIAL OF THE VARIANCE WOULD PROBABLY CAUSE A CESSATION OF LEGITIMATE LONGSTANDING ACTIVE COMMERCIAL USE OF THE PROPERTY. THE PROPERTY IS CURRENTLY PERMITTED AT 35 FOOT SIGN HEIGHT, INCLUDING A 10 FOOT ADDITIONAL GRADE AT 65 SQUARE FEET. THE PROHIBITED THE PERMITTED DIMENSIONS MAKE THE VARIANCE NECESSARY BECAUSE STRICT ENFORCEMENT OF THIS ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNS ON THE SITE [00:45:01] CONSIDERING THE UNIQUE FEATURES OF A SITE SUCH AS ITS DIMENSIONS, LANDSCAPING, AND TOPOGRAPHY. THREE, AFTER SEEKING ONE OR MORE OF THE FINDINGS SET FORTH IN SUB PARAGRAPHS ONE AND TWO, THE BOARD FINDS THAT A GRANTING THE VARIANCE DOES NOT PROVIDE THE APPLICANT WITH SPECIAL PRIVILEGE, NOT ENJOYED BY OTHERS SIMILARLY SITUATED OR POTENTIALLY SIMILARLY SITUATED. THE PROPOSED SIGN DOES NOT APPEAR TO PROVIDE A SPECIAL PRIVILEGE AS THE ADDITIONS TO THE INTERSTATE HIGHWAY SEVERELY RESTRICT VISIBILITY OF A SIGN THAT WOULD OTHERWISE BE REQUIRED TO FOLLOW THE SIGN. REGULATIONS B GRANTING THE VARIANCE WILL NOT HAVE A SUBSTANTIALLY ADVERSE IMPACT ON THE NEIGHBORING PROPERTIES. THE PROPOSED VARIANCE DOES NOT APPEAR TO HAVE AN ADVERSE IMPACT ON NEIGHBORING PROPERTIES AS A SIGN HEIGHT WILL NOT BE OUTTA CHARACTER FOR THE AREA AND THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. C GRANTING THE VARIANCE WILL NOT SUBSTANTIALLY CONFLICT WITH THE PROPO. THE STATED PUR PURPOSES OF THIS ARTICLE, THE REQUESTED VARIANCE DOES NOT APPEAR TO SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSE OF THE CODE. FURTHERMORE THAT THE REQUESTED SIGN EXCEEDING THE 50 FOOT IN HEIGHT AT 166 SQUARE FOOT SIZE WILL NOT BE OUT OF CHARACTER FOR THE IMMEDIATE AREA IN WHICH THE PROPERTY IS LOW. END OF MOTION. SECOND, UH, WE HAVE A MOTION AND A SECOND BY COMMISSIONER ZUNA. COMMISSIONER BRAGMAN? UH, YEAH, I'LL BE IN SUPPORT OF THE MOTION. I FEEL LIKE, UM, ALL THE OTHER, UH, LOTS ALONG THE, UH, THE FRONTAGE HAVE THE C TWO, UH, DESIGNATION AND, UH, IT SEEMS ODD THAT THAT ONE PARCEL OF LAND, UM, DOES NOT HAVE THE SAME, UH, ZONING PLUS THAT THE, UH, NEIGHBORHOOD ASSOCIATION WHO TEND TO BE QUITE FINICKY IN THAT AREA, UM, ARE IN SUPPORT OF THE, THE, UM, THE VARIANCE REQUESTS. SO I'LL BE IN SUPPORT FOR THOSE REASONS. COMMISSIONER ZUMA? YEAH, I'LL BE IN SUPPORT AS WELL. THE HOMEOWNERS ASSOCIATION SUPPORT, UH, WAS MEANINGFUL TO ME. ALSO, SHE'LL BE REMOVING ONE OF THE EXISTING SIGNS, WHICH IS HIGHER THAN THE PROPOSED SIGN. SO ALL IN ALL, I THINK THE NET NET HERE IS A BENEFIT TO THE, UH, THE NEIGHBORHOOD AND, UH, UH, PROVIDES ADEQUATE SIGNAGE FOR THE PROPERTY. ALL RIGHT. ANYONE ELSE LIKE TO ADD? UH, I'M JUST GONNA SAY THAT, UM, IF THE PERSON TO THE WEST CAN HAVE A 65 FOOT 3 75 AND THEN IN HER DISTRICT IT'S 35 FEET, 65, 35 FOOT HIGH, 65 FOOT SQUARE FEET, HER GOING TO A 50 TO A 1 66 IS FAR LOPSIDED TO THE, TO THE, TO THE LIGHTER, UH, RESTRICTIVE, UH, CODE THAN, THAN WHAT IS ALLOWED BY EVERYONE ELSE. AND I THINK IT'S A GREAT TRANSITION AS YOU ENTER INTO THE CORRIDOR DISTRICT. SO I'LL BE IN SUPPORT. LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER BAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER MENA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ? YES, I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR OYEN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 11 TO ZERO. CONGRATULATIONS. THANK YOU SO MUCH. YOU'RE WELCOME. I REALLY APPRECIATE YOU GUYS. THANK YOU. HAVEN'T HAVE ANY, ANY QUESTIONS? THE STAFF. OKAY, GREAT. YOU THANK YOU. ALL RIGHT. ITEM NUMBER TWO, JUST TO MAKE SURE, UH, THE PERSON, THE APPLICANT FOR 1410 MONTANA, ARE YOU PRESENT? 1410 MONTANA. 14. 10 MONTANA. THEY DID NOT CHECK IN, SO I'M COMMUNICATING WITH HIM, UM, SEEING IF HE'S GONNA BE ABLE TO COME IN THE NEXT HOUR. OKAY, WE'LL MOVE ON TO ITEM THREE THEN. 2127 WEST WOODLAWN. 27 21. 27 WEST WOODLAWN. ARE THEY HERE? ARE YOU HERE? OH, THERE YOU ARE. OKAY, GREAT. LET'S HERE. ITEM THREE, PLEASE. OKAY, BOA 24 1 0 3 0 0 2 2 3. ADDRESS 2 1 2 7 WESTWOOD LAWN AVENUE COUNCIL DISTRICT SEVEN APPLICANT. JANELLE CHASE REQUEST A TWO FOOT SIDE SETBACK VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A THREE FOOT SIDE SETBACK AND TWO, A 17 FOOT REAR SETBACK VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW A THREE FOOT REAR SETBACK. ZONING IS R SIX SUBJECT. THE SUBJECT PROPERTY IS LOCATED ALONG WEST WOODLAWN AVENUE, SOUTH OF WEST MISSILE TOW AVENUE, LOCATED WITHIN THE JEFFERSON NEIGHBORHOOD ASSOCIATION AS WELL AS THE NOTIFICATION BOUNDARY FOR THE WOODLAWN LAKE NEIGHBORHOOD ASSOCIATION. THE APPLICANT PREVIOUSLY HAD A TWO FOOT SIDE SETBACK AND AN A DU MAXIMUM SQUARE FEET VARIANCE APPROVED IN 2022, BUT WAS UNABLE TO CONSTRUCT THE STRUCTURE WITHIN 12 MONTHS. THUS THE VARIANCE EXPIRED AND WE'RE RENDERED VOID. THE APPLICANT IS CONSTRUCTING AN ADDITION TO THE HOME TO COMPRISE OF A CARPORT DECK AND HOME [00:50:01] EXPANSION IN THE REAR OF THE HOME. A FIF A 15 FOOT ALLEY EXISTS IN THE REAR OF THE PROPERTY, WHICH REDUCES THE REAR SETBACK TO 12 FEET SIX INCHES. THE ENTIRETY OF THE PROPERTY IS WITHIN THE FLOODPLAIN. A VAST MAJORITY WITHIN ZONE AE WITH THE REAR RIGHT PORTION UNDER ZONE X ADDITIONS TO THE FLOODPLAIN WOULD BE LIMITED TO 50% OF THE FAIR MARKET VALUE OF THE MAIN EXISTING STRUCTURE, NOT TO INCLUDE LAND. AND THEN FROM THE OFFICE OF HISTORIC PRESERVATION, THE PROPERTY IS LOCATED WITHIN THE MONTICELLO, UH, PARK HISTORIC DISTRICT. ANY EXTERIOR MODIFICATIONS OR NEW CONSTRUCTIONS WILL REQUIRE APPROVAL FROM THE OFFICE OF HISTORIC PRESERVATION. APPROVAL OF A SITE PLAN OR MATERIALS SUBMITTED AS A PART OF A VARIANCE APPLICATION DOES NOT SUPERSEDE ANY REQUIREMENTS FOR DESIGN. REVIEW OUTLINE IN ARTICLE SIX OF THE UNIFIED DEVELOPMENT CODE ON OCTOBER 16TH, 2024, THE HISTORIC AND DESIGN REVIEW COMMISSION CONCEPTUALLY APPROVED THE REQUEST TO CONSTRUCT A REAR EDITION AND CARPORT. THIS PROJECT WILL REQUIRE FINAL REVIEW AND APPROVAL BY THE HDRC WITH COMPLETE CONSTRUCTION DOCUMENTS PRIOR TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS. AND THERE'S THE SITE PLAN WITH SIDE AND REAR SETBACK. THE PLAT SUBJECT PROPERTY, THE BACKYARD, AND THEN YOU CAN SEE THAT ALLEY IN THE BACK. AND THEN THIS IS LOOKING AT THE HOME FROM THE BACKYARD WHERE EXPANSION WILL BEAM AND A SHED ON THE PROPERTY AND SURROUNDING AREA. AND STAFF RECOMMENDATION FOR THE REAR SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO OA 2 4 1 0 3 0 0 2 2 3 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE INSUFFICIENT SPACE WILL REMAIN FOR THE REAR YARD AND FOR GREEN SPACE, INCREASING THE RISK OF FIRE SPREAD AND OVERCROWDING ON THE LOT. TWO, THE VARIANCE WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS OTHER PROPERTIES IN THE AREA APPEAR TO COMPLY WITH SETBACKS. AND THEN THE STAFF RECOMMENDATION FOR THE SIDE SETBACK IS APPROVAL IN THE SAME BOA CASE BASED ON BASED ON THE FOLLOWING FINDINGS OF THE FACTS, ONE SUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE SAFETY CONCERNS. AND THEN TWO, THE VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. STAFF MAILED OUT 12 NOTICES WE RECEIVED SIX IN FAVOR, ONE IN OPPOSITION. NO RESPONSE FROM THE WOODLAWN LAKE NEIGHBORHOOD ASSOCIATION OR THE JEFFERSON NEIGHBORHOOD ASSOCIATION. AND THEN THIS WAS ONE THAT WAS, UH, OPPOSED BUT WITHDREW OPPOSITION. THE ONE SOUTH, UM, ACROSS FROM THE BACKYARD. AND THEN THE REST IN FAVOR. THIS CONCLUDES STAFF PRESENTATION. APPLICANT IS AVAILABLE. ALRIGHT, THANK YOU VERY MUCH. HAS THE APPLICANT COME FORWARD? HELLO, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. HELLO, MY NAME IS JANELLE CHASE. UM, OUR PROJECT IS AN ACCESSORY DWELLING UNIT THAT WE'VE, UM, BEEN WORKING ON TO GET TO THIS POINT HERE. UM, AS COLTON MENTIONED, WE PREVIOUSLY CAME TO THE BOARD OF ADJUSTMENT TO SEEK THE PROPERTY SETBACKS AND THAT WAS APPROVED. UM, BUT THEN WE HAD TO REPL OUR LAND BECAUSE WE'RE IN THE FLOOD ZONE. SO THAT'S WHAT TOOK SO LONG SO WE COULDN'T GET OUR, UM, PERMITS IN TIME. UM, SO WE'RE SEEKING THE SAME SETBACKS, UM, AGAIN FOR APPROVAL. UM, AND OUR REAR NEIGHBOR IS, UM, A TENANT OF THE OWNER THAT WAS IN OPPOSITION. UM, IT'S A FAMILY MEMBER OF HIS THAT HE RENTS FROM. HE THE TENANT HIMSELF IS IN SUPPORT. UM, I KNOW TENANT SUPPORT DOESN'T REALLY COUNT BECAUSE THEY'RE NOT THE PROPERTY OWNER, BUT THAT IS THE PERSON WHO IS GOING TO BE MOST DISRUPTED BY OUR CONSTRUCTION AND OUR HOPEFULLY FUTURE A DU IF IT'S APPROVED. UM, SO HE GAVE US OUR SUPPORT. THEY SEEM TO BE LONG-TERM TENANTS. UM, LIKE I SAID, THEY'RE RENTING FROM A FAMILY MEMBER. THEY WERE THERE BEFORE US AND, UM, I DON'T THINK THEY HAVE ANY INTENTIONS TO, TO MOVE EITHER. SO, UM, WE WORKED WITH ALL OF OUR NEIGHBORS, UM, GETTING THE SUPPORT ON ALL OF THEM, INCLUDING TRYING TO GET SUPPORT FROM THE REAR NEIGHBOR, BUT THEY DIDN'T RETURN. THE OWNER DID NOT RETURN OUR CALL. UH, THE TENANT [00:55:01] DID RETURN OUR CALL. UM, AND LET'S SEE, FOR THE REAR SETBACKS, UM, I WOULD LIKE TO PROVIDE EVIDENCE THAT IT DOES NOT THAT CONFLICT WITH WHAT'S IN THE NEIGHBORHOOD. UM, I HAVE THESE HERE, SO, UM, OH BOY, THAT'S MOVING PRETTY SLOW. DIRECT, UH, DIRECTLY BEHIND OUR STREET ON MISSILE TOE. UM, YOU START TO SEE STRUCTURES THAT WERE BUILT EITHER RIGHT ON THE PROPERTY LINE OR, UM, HAVE A THREE FOOT SETBACK. OUR NEIGHBOR, UM, MR. SOTO, WHO REVERSED HIS OPPOSITION HAS A THREE FOOT SETBACK. SO, UM, HE, THAT'S WHAT MADE HIM REVERSE HIS OPPOSITION. UM, AND ALSO WE HAVE SOME NEIGHBORS ON WOODLAWN. UM, THE ONES TO THE RIGHT, THE MARTINEZ OR THE GONZALEZ'S. AND THEN, UH, THE MARTINEZ OVER, UM, AT 2135 WOODLAWN, WHO ALSO WOULD LIKE TO USE THE ALLEYWAY TO GET IN AND OUT. WOODLAWN HAS BECAME A LITTLE BIT HARD TO GET IN AND OUT OF AS TRAFFIC HAS INCREASED. UM, AND ESPECIALLY WITH THE STOP SIGN ADDITIONS RIGHT IN FRONT OF OUR HOMES, UH, JOSEPHINE TOBIN TO WOODLAWN, IT CREATES KIND OF A BACKUP BETWEEN THE TWO STOP SIGNS THAT MAKES IT HARD FOR US TO BACK OUT OF OUR DRIVEWAYS. SO, UM, THE NEIGHBORS IN SUPPORT OF OUR PROJECT ARE HOPING THAT BECAUSE WE WILL BE UTILIZING THE ALLEY TO GET OUT AND IN THAT THE ALLEY WILL HAVE IMPROVEMENTS FOR THEM ALSO TO USE. UM, AND I CAN ALSO SHOW THE SITE PLAN DIFFERENCE BETWEEN WHAT WAS PREVIOUSLY APPROVED AND WHAT WE'RE SEEKING NOW. UM, THIS IS WHAT WE'RE SEEKING NOW AND THIS WAS WHAT WAS PREVIOUSLY APPROVED. SO JUST TO BE CLEAR, THIS REQUEST IS FOR, IN ADDITION TO THE HOME AND THE ACCESSORY, UH, SORRY, COVER PARKING AND DECK. UM, WELL, THE ACCESSORY DWELLING UNIT IS ABOVE THE GARAGE THAT WE'RE TRYING TO BUILD. THE PREVIOUS DESIGN WAS ALSO THAT WAY. THE ONLY THING THAT'S CHANGED IS WE HAD TO ATTACH THE ACCESSORY DWELLING UNIT TO THE HOME BECAUSE, UM, BECAUSE OF BEING IN THE FLOODPLAIN, THAT'S A REQUIREMENT THAT WE HAD TO MEET. SO IF WE DIDN'T HAVE TO ATTACH IT, THIS WOULD'VE, THIS WAS ALREADY PREVIOUSLY APPROVED WITH THAT SITE PLAN, BUT BECAUSE WE HAD TO ATTACH IT, THE UM, UDC CODE STATES THAT, UM, THE REAR SETBACK HAS TO DEFAULT TO THE ZONING, WHICH IS 25 FEET IN MY NEIGHBORHOOD, BUT MY HOUSE SITS THERE. SO IN, IN ORDER TO BUILD ANYTHING, I WOULD NEED A VARIANCE. UM, BUT IF IT WAS DETACHED, WE COULD BUILD UP TO THAT THREE FOOT LINE ANYWAY. SO THE CASE BEFORE US TODAY FOR STAFF IS IT, IS IT FOR AN ATTACHED ADDITION OR A DETACHED EDITION? SO WE'RE LOOKING AT THIS AS IT'S AN ATTACHED ACCESSORY DWELLING, SO THEY JUST HAVE TO MEET THE SETBACKS FOR THE PRINCIPAL STRUCTURE. SO THIS, WHAT WE'RE SEEING RIGHT NOW ON OUR SCREEN, THIS IS NOT WHAT SHE'S INTENDING TO BUILD. THIS IS THE ORIGINAL PLAN. SO SHE'S NOT, WELL, LET'S PUT ON, LET'S PUT ON WHAT YOU'RE INTENDING TO DO THIS. THE YES. OKAY. . OKAY. SO WHAT YOU'RE INTENDING TO DO IS A TWO STORY ADDITION. YES. AND ON THE RIGHT SIDE, BASICALLY YOU'RE CA COVERED PARKING SPACE WITH A, WITH A DECK ON TOP OF IT. CORRECT. OKAY. IS THE ACCESSORY PORTION OF THIS NEEDING A FIVE FOOT REAR SETBACK OR DOES IT NEED, UM, MORE SO 'CAUSE IT'S ATTACHED, UH, BECAUSE IT'S ATTACHED TO THE HOME. IT'S JUST A REGULAR 20 FOOT REAR SETBACK FOR THE PRINCIPAL STRUCTURE. ALRIGHT. AND SHE DOES NOT NEED THE, UH, ACCESSORY DWELLING SIZE, UM, VARIANCE ANYMORE. GOTCHA. IS THERE ANY VOICEMAILS OR ANYONE SIGNING TO SPEAK ONE VOICEMAIL? YEAH, WE'RE GONNA, I JUST WANTED TO HEAR THE VOICEMAIL FIRST. LET'S HEAR THE VOICEMAIL PLEASE. YEAH. HEY, MY NAME IS TED RA, THE PRESIDENT FOR THE JEFFERSON NEIGHBORHOOD ASSOCIATION, 2352 WEST MULBERRY, SAN ANTONIO, TEXAS 7 8 2 0 1. AGENDA ITEM NUMBER 3 21 27 WEST BLUE AVENUE. THE NEIGHBORHOOD ASSOCIATION SUPPORTS THE STAFF'S RECOMMENDATION FOR APPROVAL OF THE SITE SETBACK, VARIANCE REQUESTED AND DENIAL OF THE REAR VIEW REAR SETBACKS VARIANCE REQUEST. THE 17 INCH VARIANCE REQUEST FOR THE NEAR THE REAR SETBACK IS OF CONCERN [01:00:01] DUE TO THE STORMWATER RUNOFF AND THE TOP TOP GRAPHIC ON THIS BLOCK AS THE PROPERTY IS LOCATED WITHIN THE A HUNDRED YEAR FLOOD PLAIN. ALSO, THE PROPERTY DIRECTLY WEST OF 2127 WOODLAWN AS A DE DETACHED STRUCTURE, EXTREMELY CLOSE TO THE SHARED SIDE PROPERTY LINE AND APPEARS TO BE ON THE REAR PROPERTY LINE. WE AGREE WITH STAFF RECOMMENDATIONS. THE PROPOSED REAR SETBACK DOES NOT PROVIDE SUFFICIENT SPACE FOR THE PURPOSE OF THE, UH, WATER RUNOFF AND THE FIRE SAFETY CONCERNS WITH THE RESPECT TO THE EXISTING CONDITION OF THE ADJACENT PROPERTY AND ALLEYWAY. WE NOTE THAT THE DRAFT, WE NOTED A DRAFT A HUNDRED YEAR PLAY PLAN OF THIS AREA IS UNDER REVIEWED AT FEMA AND THE DRAFT MAP IS EXPANDING THE A HUNDRED YEAR FLOOD PLAN IN ALL DIRECTIONS SURROUNDING THIS SUBJECT. PROPERTY DRAFT MAPS ARE AVAILABLE ON THE SAN ANTONIO RIVER AUTHOR'S WEBSITE. THANK YOU FOR YOUR CONSIDERATION OF OUR COMMENTS. ALL RIGHT, THANK YOU. COMMISSIONER BRAGMAN, UH, THIS QUESTION IS FOR STAFF. SO DOES SHE GET ANY CREDIT FOR THE ALLEYWAY AND BACK IN TERMS OF THE REAR SETBACK? YEAH, SO SHE, IT'S A 15 FOOT, UM, ALLEY. SO SHE DOES, UM, HAVE A SEVEN AND A HALF FOOT, UH, DIFFERENTIAL. SO OVERALL THE ACTUAL REAR SETBACK IS 12 AND HALF FEET. SO THEY ARE REQUESTING ESSENTIALLY A NINE FOOT, SIX INCH, UH, VARIANCE INSTEAD OF A 17 FOOT VARIANCE. THANK YOU. ALL RIGHT, STAFF, UH, CAN YOU PLEASE BRING UP THE ONE STOP MAP, UH, FOR THIS AREA AND TURN ON THE FLOODPLAINS SO WE CAN SEE AN IDEA OF THE SCOPE OF THE FLOODPLAIN IN THIS MANNA COMMISSIONER MANNA. SO, UM, UH, MERKEL, COULD YOU ALL, COULD YOU REPEAT WHAT IT IS THAT YOU STATED WITH REGARDS TO THE, UM, THE VARIANCE THAT THEY'RE SEEKING? 'CAUSE RIGHT NOW IT DOES SAY 17, BUT IS IT TRULY JUST NINE FOOT, SIX INCHES IS WHAT WE NEED TO APPROVE? SO YOU DON'T NEED TO, YOU DON'T NEED TO CHANGE THE LANGUAGE ON THE VARIANCE. I'M JUST, IF, IF SHE USES, UM, UH, THE EVENT, IT DOESN'T MAKE ANY DIFFERENCE WITH THE READING OF THE VARIANCE, BUT SHE CAN, OR THE PROPERTY OWNER CAN RIGHT NOW, UM, DO THE, UH, ADDITION WITH A 12 FOOT, SIX INCH SETBACK AS IT STANDS RIGHT NOW BECAUSE OF THE ALLEY. SO I ASKED STAFF TO BRING THIS UP, UH, AND, AND PAN OVER A LITTLE BIT, MOVE IT MORE THAN THE LIKE NO, MOVE BACK A LITTLE BIT. I'M SORRY. AND THEN I WANT TO OKAY. THAT RIGHT, THERE'S PERFECT. SO WHEN IT RELOADS, OKAY, HERE WE GO. SO IF YOU LOOK AT WHERE THE SUBJECT PROPERTY IS REPRESENTED BY THAT LITTLE RECTANGLE, UM, YOU CAN SEE THAT THIS ENTIRE BLOCK IS PRACTICALLY IN THE FLOODPLAIN. AND, UH, IF, UH, IF THE FLOODPLAIN MAPS ARE GONNA GET EVEN MORE. SO IT DOES RAISE A CONCERN FOR ME. UM, IT DOES APPEAR THOUGH THAT THE PRIMARY, UH, FLOW OF WATER IS HAPPENING IN THE ROADS AND NOT NECESSARILY IN THE ALLEY, BUT IT'S STILL WAY UP IN THERE. UM, IS THERE SOMEONE FROM STAFF THAT CAN TALK ABOUT THE FLOODPLAIN DEVELOPMENT PERMIT PROCESS AND ANY HURDLES THEY MIGHT HAVE TO GO THROUGH THAT WE SHOULD BE AWARE OF? STORMWATER'S NOT HERE, BUT WE DID REACH OUT TO THEM AND PUT THEIR COMMENTS ON THAT STAFF REPORT, WHICH, UH, COLTON MENTIONED DURING HIS PRESENTATION. I, I CAN GIVE JUST A GENERAL IDEA OF HOW IT WORKS, UM, AT LEAST HOW IT DID, UM, ABOUT FIVE YEARS AGO. UM, SO TAKE THAT FOR WHAT IT'S WORTH. UH, SO ANYTIME THAT WORK IS DONE WITHIN THE FLOODPLAIN, IT NEEDS TO GO THROUGH THE PROCESS OF GETTING A FLOODPLAIN DEVELOPMENT PERMIT. WHEN A HOME IS WITHIN THE FLOODPLAIN ALREADY, THEY CAN ONLY DO IMPROVEMENTS UP TO 50% OF THE VALUE OF THE HOME WITHIN 10 YEARS. SO AS THEY GET PERMITS OVER 10 YEARS CUMULATIVELY, THEY CANNOT GO ABOVE 50% OF THE COST OF THAT HOME. UM, IN ADDITION, THEY ARE REQUIRED TO HAVE FLOOD INSURANCE, UH, FOR BEING IN THE FLOODPLAIN, AND THEY CHECK TO MAKE SURE THAT THERE'S NO ADVERSE IMPACTS, UH, TO THE SURROUNDING PROPERTIES BASED ON WHAT'S GETTING DEVELOPED. OKAY. SO, UH, AS THIS APPLICANT WENT THROUGH THE PLATING PROCESS, DID YOU DO A DETAILED STORMWATER MANAGEMENT REPORT WITH WHAT YOU WERE INTENDING TO DO, THAT STAFF REVIEWED TO, TO SEE IF THERE WAS ANY ADVERSE EFFECTS? WE DID. WE, UM, WE HIRED AN ENGINEER TO DO, UM, STORMWATER RUNOFF ON THE PLANS THAT WE'RE SUBMITTING TODAY. UM, EVERYTHING, SO HABITABLE SPACE HAS TO BE ONE FOOT ABOVE BASE FLOOD ELEVATION. OUR HOUSE CURRENTLY SITS THERE, SO EVERYTHING THAT'S HABITABLE ON THE GROUND FLOOR WILL BE ABOVE BASE FLOOD ELEVATION. AND OF COURSE, THE WHOLE ENTIRE A DU IS BUILT ABOVE, UM, BASE FLOOD ELEVATION. [01:05:01] UH, THE CONSTRUCTION DRAWINGS AND RENDERINGS AND EVERYTHING THE ENGINEER DID SHOWS THERE'S NO ADVERSE RUNOFF BUILT BY BUILDING THIS. WE WON'T MAKE ANYTHING WORSE FOR PEOPLE, UM, BELOW US OR TO OUR SIDES. UM, SO THAT'S BEEN ADDRESSED AND WE WOULDN'T BE ABLE TO BUILD WITH FLOODPLAIN ANYWAY IF IT, IF IT DID. SO ALL OF THIS WAS SUBMITTED TO FLOODPLAIN BEFORE WE GOT HERE? BEFORE WE STARTED REPL, IT COST US $40,000 TO REPL. SO, AND WHEN YOU WENT THROUGH THAT, BUT THE, THE ENGINEER USED YOUR WHAT BEFORE US TODAY, NOT YOUR PREVIOUS EXHIBIT TO DO THEIR ANALYSIS? CORRECT. BECAUSE THE PREVIOUS EXHIBIT HAD MORE OPEN SPACE, LESS IMPERVIOUS COVER. CORRECT. THE, THE CDS WERE DONE WITH WHAT WE'RE PRESENTING TODAY. OKAY. UM, MANNA COMMISSIONER MANNA QUESTION FIRST, UH, CITY STAFF AS WELL. UM, SO IS THERE A DIFFERENTIATION MADE FOR, UM, THE ACCESSORY STRUCTURE AND, UH, THE, I GUESS IT'S COMPLIANCE WITH REGARDS TO THE FLOODPLAIN VERSUS, UH, THE ACTUAL DWELLING ITSELF, AND SO, SO ARE THEY TWO DIFFERENT METRICS GOING ON? UM, NO. THERE, THERE ARE ALL MEASURED BY THE SAME, SAME CODE, SAME GUIDELINES. ALL RIGHT. IF, UM, ANYONE ELSE, CRUZ, COMMISSIONER CRUZ? UH, YES. FOR THE HOMEOWNER, UM, THE, SHE, UM, UM, TALKING ABOUT THE ALLEY, IS IT USED FOR ANYTHING ELSE OR JUST FOR TRAFFIC FOR THE NEIGHBORHOOD? WE DO NOT HAVE, UM, TRASH SERVICE THROUGH OUR ALLEY. IT'S ONLY USED BY, UH, I THINK CURRENTLY ONE NEIGHBOR USES IT TO GET IN AND OUT. WE HAVE A TRUCK, SO WE CAN ALSO GET IN AND OUT THAT WAY, BUT IT'S NOT EXACTLY THE BEST. UM, IT'S NOT PAVED, SO IT, IT'S NOT THE BEST FOR LOWER TO THE GROUND CARS. UH, I JUST WANNA MAKE SURE. THANK YOU. THANK YOU. AND WHAT YOU'RE PROPOSING TO DO, YOU, YOU'RE BASICALLY BLOCKING YOURSELF OFF FROM USING IT? NO, SORRY, , SORRY. NO, WE WILL, WOULD BE ABLE TO USE IT. OUR RENDERINGS HAVE A, OH, THERE'S A GATE BEHIND THE RV. UM, AND ACTUALLY THE GARAGE WILL HAVE A OPENING IN THE FRONT AND IN THE REAR, SO THAT WE COULD JUST GO RIGHT THROUGH. OKAY. ALL RIGHT. MANANA, COMMISSIONER MANNA. YEAH, SO I WAS ACTUALLY WORKING TOWARDS THAT. SO THIS, THIS RENDERING RIGHT HERE THAT'S ON, ON, UH, THE SCREEN. UM, WHERE IS THE ALLEYWAY? WHERE IS THE ALLEYWAY PARTICULAR TO THIS PICTURE? IT, IT RUNS, UM, BEHIND THE, IT'S WHERE THE NUMBER TWO IS IN THE REAR OF THE RV? YES, IN THE ALLEY. AND, AND SO THERE'S A, SO THERE'S IMPERVIOUS COVER BEING ADDED ON THE BACKSIDE OF THE GARAGE THAT'S LEADING TO SOMEWHERE ELSE THEN THERE. SO THE, CAN YOU USE THE POINT, THERE'S A LASER'S A POINT OF YOU CAN USE IT. OH, HERE. I THINK IT'S HERE. SO THIS AREA WILL BE PERVIOUS AND, UM, IT'S CURRENTLY JUST GRASS RIGHT NOW, SO IT'S GONNA BE IMPERVIOUS, LIKE CRUSHED GRANITE. AND THEN, UM, WE WOULD GO IN THROUGH THIS GARAGE OR OUT, BUT MOST LIKELY WE WOULD GO IN AND OUT THIS WAY TOWARDS THE, TOWARDS THE ALLEY INSTEAD OF USING THE STREET. SO THEY, THEY WOULD GO THROUGH THE GARAGE DOORS AND THEN YOU'D HAVE MORE GARAGE DOORS ON THE BACKSIDE? CORRECT. SO IT'S THROUGH AND THROUGH. HERE'S A OKAY. THEY WOULD LIKE TO SEE THAT IS, IS, SO STAFF IS RECOMMENDING DENIAL FOR THE REAR SETBACK. IS THERE, IS THERE ANY GIVE ON YOUR PART TO MAKE THIS A LITTLE BIT FURTHER AWAY FROM THE ALLEY OR IS, DOES IT HAVE TO BE THREE FEET? UM, I WAS JUST GOING WITH WHAT CAN BE BUILT BY RIGHT FOR DETACHED. UM, BECAUSE THAT IS THREE FOOT THE, AND THE ONLY REASON WHY WE HAD TO, TO ATTACH IT WAS BECAUSE OF THE FLOODPLAIN. UM, IF WE BRING IT FORWARD, WE COULD MAYBE MOVE IT FORWARD A LITTLE BIT, BUT IT WOULD ALSO DECREASE OUR BACKYARD SPACE AND MAKE IT HARDER FOR US TO, TO USE IT AS A PASS THROUGH. YEAH. I'M LOOKING AT YOUR GARAGE. IT'S 22 FEET DEEP SO THAT IF YOU, ANY LOSS THERE, THAT WOULD BE, YEAH, I UNDERSTAND. THAT'D BE REALLY TIGHT. OKAY. THAT ANSWERS MY QUESTIONS. IF THERE'S NOTHING ELSE LOOKING FOR MOTION. THANK YOU MANANA. MR. MANNA, REGARDING CASE NUMBER BO 8 2 4 1 0 3 0 0 2 2 3. I MOVED THAT THE BOARD ADJUSTMENT GRANT A REQUEST FOR ONE, A TWO FOOT SIDE SETBACK VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A THREE FOOT [01:10:01] SIDE SETBACK AND TWO, A 17 FOOT REAR SETBACK VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW A THREE FOOT REAR SETBACK SITUATED AT 2 1 2 7 WEST WOODLAWN. UM, APPLICANT BEING JANELLE CHASE BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOWED THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE REQUESTED VARIANCES ARE NOT CONTRARY TO THE PUBLIC INTEREST, AS SUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE SAFETY CONCERNS. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LIBERAL ENFORCEMENT OF THE SETBACK ORDINANCES WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD NOT BE ABLE TO DEVELOP AND RENOVATE THE HOME WITH THE ADDITION DUE TO LOCK CONSTRAINTS. THREE, BY GRANTING THE VARIANCE, THE SPARE 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 SAFETY CONCERNS WITH AN ALLEY LOCATED IN THE REAR OF THE PROPERTY AND A VACANT LOT IN THE ABUTTING LOT. UH, FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATIONAL USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, IN WHICH IS VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. STAFF FINDS THAT THE VARIANCES WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES AS THE BUDDED LOT IS VACANT AND THERE IS NO ALLEY TO THE REAR OR, AND THERE IS AN ALLEY IN THE REAR SIX APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT DUE TO OR RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED. STAFF FINDS UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, IS THE LOT SIZE AND DIMENSION CONSTRAINING DEVELOPMENT AND A MOTION. SECOND. SECOND. GOODBYE. COMMISSIONER BEEZ. COMMISSIONER MAYMAN. SO I, UM, I'LL BE, UM, APPROVING THIS AS READ AND UM, EVEN THOUGH, UM, YOU KNOW, I DID HAVE THE NEIGHBORHOOD ASSOCIATION KIND OF, UM, IN DISAGREEMENT, YOU KNOW, I WAS TRYING TO UNDERSTAND WHEN HE READ IT. UH, HE GAVE SOME NUMBERS THAT WERE INCORRECT AND THEN ALSO DIDN'T KNOW IF THEY FULLY UNDERSTOOD WITH REGARDS TO THE ACCESS FOR THE, UH, FOR THE GIVE, FOR THE ALLEYWAY OR THE ALLEYWAY ITSELF. AND THAT'S WHY I ASKED THE QUESTIONS THAT I DID WITH REGARDS TO THE ALLEY, UM, THE PORTION THAT IS, I GUESS THE, THE COVERING. SO THE, SO THE ACCESSORY DWELLING ITSELF, UM, IS AN OPEN, UM, CONFIGURATION. AND SO THEREFORE I THINK THE FLOODING, UM, CONCERNS AREN'T AS IMPORTANT FROM MY PERSPECTIVE FROM THAT. UM, I DID HAVE SOME CONCERNS WITH REGARDS TO, UH, IMPERVIOUS COVER AND SO, UM, BUT I WAS TOLD THAT IT'S GONNA BE CRUSHED CREDIT, SO, SO THAT'S NOT REALLY AS BIG OF AN OR THAT IS NOT AN ISSUE, UH, FROM THAT REGARDS, UH, IN THE BACK. UM, AND THEN I THINK IF I HEARD CORRECTLY WITH REGARDS TO, UM, THE BUILDING ITSELF, IT'S WITHIN THE AMOUNT OF BUILDING THAT'S BEING DONE, UM, IS WITHIN THE, BY RIGHT CONSIDERATIONS, I GUESS FOR WHAT CAN BE DONE IN THE FLOOD PLAIN. SO IT DOESN'T LOOK LIKE THEY'RE CHANGING IT THAT MUCH. AND THEN FINALLY, UM, I'LL JUST LET IT SIT THERE. SO END A MOTION. ALRIGHT. COMMISSIONER BENAVIDES, I, I CAN COVER WITH MY, MY COLLEAGUE. I, I THINK THAT THE DRAWINGS WERE APPROVED BEFORE. THE ONLY DIFFERENCE IS THE, WHETHER IT'S ATTACHED OR DETACHED. UM, SO I WILL ALSO BE IN FAVOR OF THE MOTION. ALL RIGHT, ANYONE ELSE LIKE TO ADD UNA COMMISSIONER ZUNA, I'LL BE IN SUPPORT AS WELL. I MEAN, WE HAD PRETTY MUCH APPROVAL FROM THE NEIGHBORHOOD ASSOCIATION, ALL BUT THE REAR SETBACK, THAT THERE'S A REASON WHY THAT SETBACK NEEDS TO BE IN PLACE. SHE HAD PRIOR APPROVAL OF THE VARIANCES. UM, ANY, UM, OF THE DESIGN WILL HAVE TO GO BEFORE I GUESS HDRC BECAUSE IT'S IN THE HISTORIC DISTRICT CORRECT. WITH IT. SO I DON'T THOUGHT IT, I DON'T THINK THIS, WE WERE CONCEPTUALLY APPROVED. SO WE HAVE TO, UH, SUBMIT OUR FINAL, UM, OUR FINAL SELECTIONS FOR MATERIALS. I SEE. YEAH. SO, OKAY. FOR THOSE REASONS, I DO CONCUR. ALL RIGHT. ANYONE ELSE? I'M GONNA BE IN SUPPORT OF THIS, UH, BECAUSE I KNOW THE, THE, THE, THE, UH, DETAILED SCRUTINY THAT THE STAFF DOES PUT ON, UH, DRAINAGE REPORT REVIEWS IN THE FLOODPLAIN. UH, THEY'RE VERY SERIOUS. AND IF YOU GET IT APPROVED, THEN IT'S GOOD ENOUGH FOR ME. SO HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES? YES, I CONCUR. COMMISSIONER [01:15:01] BARRINGTON? YES, I CONCUR. COMMISSIONER YBANEZ? I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ? CHAIR ORIAN. I CONCUR WITH THE FINDINGS OF ACT. MOTION PASSES. 11 TO ZERO. CONGRATULATIONS. THANK YOU. THANK YOU VERY MUCH. THANK YOU. IS, UH, THE APPLICANT FOR ITEM TWO, DID THEY EVER UH, TOUCH BASE? APPARENTLY THEY'RE WITHDRAWING. THEY'RE GONNA WITHDRAW. RIGHT. ALRIGHT, WITHDRAWN, WE'RE MOVING ON TO ITEM NUMBER FIVE. OKAY, ITEM NUMBER FIVE, BO OA 24 1 0 3 0 0 2 1 9. ADDRESS, 1 0 1 1 WISEMAN STREET COUNCIL, DISTRICT ONE APPLICANT JOSE GALLEGOS A REQUEST FOR ONE, A FOUR FOOT, ONE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW 11 INCH SIDE SETBACK AND TWO, A NINE FOOT SIX INCH VARIANCE FROM THE MINIMUM 12 FOOT SIX INCH REAR SETBACK TO ALLOW A THREE FOOT REAR SETBACK. ZONING IS R FOUR. SUBJECT PROPERTY IS LOCATED ALONG WISEMAN STREET, EAST OF WEST AVENUE, LOCATED WITHIN THE NORTH CENTRAL NEIGHBORHOOD. DISSOCIATION PROPERTY OWNER HAD ADDITIONS CONSTRUCTED TO THE HOME WITHOUT PERMIT IN VIOLATION OF SETBACK SOMETIME AFTER AUGUST 22, AUGUST, 2022 PER STREET PHOTOGRAPHY. UPON CODE ENFORCEMENT ORDER, THE PROPERTY OWNER OR CONTRACTOR WENT TO GET PERMITS. UPON REVIEW, THE APPLICANT TURNED IN A SITE PLAN WAS SETBACKS OF THREE FEET IN THE REAR AND ONE FOOT ON THE SIDE. SCOPE OF WORK WITHIN THE APPLICATION STATED SETBACKS MUST COMPLY WITH, UH, UDC STANDARDS. HOWEVER, THE SETBACKS INDICATED ON THE SITE PLAN WERE MISSED BY DEVELOPMENT SERVICES STAFF IN FEBRUARY OF 2023. AND THEY WERE GRANTED A PERMIT. PER THE SURVEY. A FIF A 15 FOOT ALLEY EXISTS IN THE REAR OF THE PROPERTY, WHICH REDUCES THE REAR, UH, FROM BACK FROM 20 FEET, UH, TO 12 FEET, SIX INCHES. AND THEN THE SITE PLAN SHOWING THE ADDITION SUBJECT PROPERTY AND THE HOUSE, UH, THE APPLICANT IS ON THE LEFT AND THEN THEIR NEIGHBOR IS ON THE RIGHT, THE PART THAT SIX HOURS. AND THIS IS THE OVERHANG, A COUPLE INCHES OVERHANG MEASUREMENT. AND THEN THIS IS THE SETBACK, NOT INCLUDING THE OVERHANG. SO THE OVERHANG WAS SUBTRACTED TO CREATE THAT 11 INCHES SETBACK OVERVIEW. AND THEN THIS IS THE ADDITION AND THE ADDITION MEASUREMENT AND THE SURROUNDING AREA. STAFF RECOMMENDATION FOR THE SIDE MIRROR SETBACK VARIANCES, STAFF RECOMMENDS DENIAL ON BO OA 2 4 1 0 3 0 0 2 1 9 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE INSUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF, FIRE SAFETY AND MAINTENANCE OF THE STRUCTURE. AND TWO, THE REQUESTED VARIANCE WILL ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF MAILED OUT 34 NOTICES RECEIVED 11 IN FAVOR, ZERO IN OPPOSITION. AND THEN THE NORTH CENTRAL NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. OKAY. AND THEN THESE WERE ALL THE SIGNATURES COLLECTED, UM, BY THE APPLICANT IN FAVOR OF THE VARIANCES. THIS CONCLUDES STAFF PRESENTATION. APPLICANT IS AVAILABLE. AND THEN TO CLARIFY, WE'RE HERE ON THE, ON THE REAR SETBACK, IT'S THE ADDITION, THAT THIN ADDITION AND THEN WHAT THE APPARENT ACCESSORY STRUCTURE AS WELL, IS THAT INCLUDED? RIGHT? IT EXTENDS ALL THE WAY TO THE BACK. BUT IN THE, IN THE TOP LEFT HAND, THAT SQUARE, IS THAT PART OF IT THE TOP LEFT HAND? UM, NO, THE IT'S JUST THIS PORTION, NOT THIS SQUARE. SO THAT COULD BE A NON-CONFORMING PREEXISTING GARAGE OR SOMETHING? YEAH, CORRECT. YEAH, IT'S NOT PART OF ANY DEVELOPMENT. ALL RIGHT. ALRIGHT. THANK YOU. THANK YOU. IS THAT THE APPLICANT? COME FORWARD. [01:20:12] AND IF WE CAN GET THE INTERPRETER, THE PROPERTY OWNER. DID YOU WANT THE PROPERTY OWNER TO SPEAK ALONG WITH YOU? SO ARE YOU SPEAKING ON BEHALF OF THEM? I'M GONNA SPEAK ON BEHALF OF THEM. THEY'RE GONNA SPEAK AS WELL AT THE CONCLUSION OF, OKAY. SURE. ALRIGHT. PLEASE STATE YOUR NAME, TELL US ABOUT THE PROJECT. YES. UH, GOOD AFTERNOON LADIES AND GENTLEMEN OF THE COMMISSION. UH, HONORABLE CHAIRMAN. MY NAME IS JOSE GALLEGOS. I RESIDE AT TWO 14 WEST ACADEMY IN DISTRICT FIVE. I'M HERE, UH, AS THE APPLICANT FOR, UH, THE PROPERTY OWNERS, UH, YOU'VE HEARD INDICATED. UH, BASICALLY THE, THE REQUEST FOR OUR APPLICATION. THIS, UH, COMES ABOUT AS A RESULT OF THE PROPERTY OWNERS WHO ARE SPANISH SPEAKING ONLY, UM, ATTEMPTED TO, UH, CONSTRUCT AN ADDITION TO THEIR SUBJECT PROPERTY, TO THEIR RESIDENT. AS A RESULT OF THEIR GROWING FAMILY. UH, THEY, UH, COMPLIED AND WANTED TO BE IN COMPLIANCE AND, UH, SOUGHT A, UM, A BUILDING PERMIT. THERE WAS SOME CONFUSION. APPARENTLY. UH, HE CAME IN, APPLIED, UH, CONSTRUCTION WAS APPROVED. APPARENTLY STAFF DID NOT, UH, CATCH THE FACT THAT THERE WAS, UH, AN ENCROACHMENT OR BEYOND THE, UH, THEY REQUIRED SETBACK, UH, ORDINANCE, UH, AT THAT TIME. UH, ONCE THE CITY, UH, FOUND OUT OR, UH, DISCOVERED THE, UH, THE ENCROACHMENT OR THE, UH, VIOLATION, HE, UH, HE SOUGHT THE APPLICATION FOR THE VARIANCE. UH, WE TRIED TO BE IN COMPLIANCE, UH, IN THE SPIRIT OF COMPLIANCE. WE, UH, HAD THE, THE OWNER GO BACK AND, AND DO A, UH, TWO HOUR FIREWALL, UH, FOR SAFETY PROTECTION. UH, AND, UH, WE HAVE SPOKEN WITH THE NEIGHBORHOODS. AS YOU SAW, UH, THERE WAS 11 NOTICES THAT WERE MAILED BACK, UH, IN SUPPORT OF THE, UH, APPLICATION. WE ALSO SUBMITTED A PETITION, UH, WITH APPROXIMATELY, UH, 10 15, UH, NAMES THAT WERE, AGAIN, IN SUPPORT OF THE APPLICATION. UH, WE HAVE THE PROPERTY OWNERS HERE TODAY THAT ARE, UH, WILLING TO, TO SPEAK THROUGH AN INTERPRETER, UH, IN, UH, SUPPORT OF THEIR APPLICATION. I ALSO HAVE AN ENGINEER WHO WAS INVOLVED IN THE INSPECTION OF THE CONSTRUCTION OF THAT FIREWALL. UM, AGAIN, UH, WE FEEL THAT THE GRANTING OF THE VARIANCE WOULD NOT BE, UH, IN VIOLATION OF THE CHARACTER, UH, OF THE NEIGHBORHOOD, WOULD NOT TAKE AWAY FROM, UH, UH, THE NEIGHBORHOOD, UH, OR INTEGRITY OF, UH, THE, UH, ORDINANCE THAT IS REQUIRED WITH A SETBACK. UM, THAT CONCLUDES MY PRESENTATION. WE PRAY THAT, UH, YOU SEE FIT TO THE GRANTING OF THE APPLICATION. ONE LAST THING. I WOULD JUST LIKE TO ADD THAT THE, UH, FAMILY, UH, OWNERS, PROPERTY OWNERS HAVE BEEN RESIDENTS OF THIS COMMUNITY FOR THE LAST 10 YEARS. THANK YOU. ALL RIGHT. THANK YOU. THANK YOU. STAFF. STAFF, CAN YOU PLEASE BRING THE, THAT, UH, PERMIT APPLICATION SITE PLAN THAT, YEAH, HERE WE GO. SO RIGHT HERE. SO THEY WERE, IT LOOKED LIKE THEY WERE REQUESTING THE ADDITION AS IT GOES TOWARDS THE ALLEY TO BE OFFSET OVER FROM THE EXISTING LINE OF THE HOME. IS THAT HOW Y'ALL LOOK AT IT? UM, SAY THAT ONE MORE TIME, SORRY. WELL, IT, IT, IT LOOKS LIKE THE NEW PORTION, I KNOW THAT'S NOT COLOR CODED. IT'S A BLACK AND WHITE COPY, BUT IT, IT APPEARS [01:25:01] THAT THE STRUCTURE ISN'T IN LINE WITH THE EXISTING LINE OF THE HOME. IT'S BEEN KICKED OVER. UH, YOU KNOW, EACH SQUARE IS SUPPOSED TO REPRESENT FIVE FEET. SO I'M JUST TRYING TO FIGURE OUT, DID, DID THEY GET A PERMIT TO BUILD THE ADDITION FIVE FEET AWAY FROM THE SIDE? NO. UM, SO I SPOKE TO THE PERMIT COUNTER SINCE THIS WAS APPROVED A FEW YEARS AGO. UM, THE WAY THEY READ IT, UM, THEY WERE UNDER IMPRESSION THAT IT WAS 11 FOOT SIDE SETBACK AND 21 FOOT REAR SETBACK. UM, INSTEAD OF THE, THE FOOT SIGN, THEY JUST THOUGHT IT WAS A ONE. THAT'S WHY IT WAS, UM, NOT CAUGHT. OKAY. OKAY. I GUESS THAT, THAT EXPLAINS THAT . OKAY. UH, AND THEN THE EXISTING HOME, UH, THERE'S A PORTION OF THE EXISTING HOME THAT IS ALREADY 11 INCHES OFF THE SIDE. YOU JUST, 'CAUSE I'M LOOKING AT THE, THE DIFFERENT COLOR OF THE ROOF SHINGLES. IT LOOKS LIKE THE HOME ALREADY WENT UP TO 11 INCHES ON THE SIDE, AND THEN THERE WAS A CONTINUATION OF YES, SIR. WAS, IT WAS, UH, THAT'S A PATIO. WHAT, UH, THE CONSTRUCTION WAS, WAS A, UH, UH, BEDROOM, A, UH, BATHROOM AND, UH, A CLOSET. AND THEN THE CONTINUATION, WHICH YOU SPEAK OF WAS A PATIO, UH, OPEN PATIO. OKAY. THE REAR. SO THERE WASN'T A FOUNDATION THAT WAS 11 BECAUSE I, I THOUGHT THAT IF YOU CONTINUE THE EXISTING LINE OF A HOME, THERE WAS SOME, UM, CONSIDERATION. UM, I DON'T KNOW WHY I RECALL THAT, BUT, SO, MANNA YES, COMMISSIONER MAN. SO IF YOU LOOK AT THE PICTURE HERE, WHICH IS WHAT I WAS LOOKING AT, WAS THE HISTORICAL, SO IT GOES BACK TO 2022, I BELIEVE, DOES SHOW THAT THERE WAS NOT A STRUCTURE. IT WAS, UH, LIKE EIGHT FEET OFF. AND THEN IF YOU GO TO THE NEXT YEAR, THEN, UM, SO 2023. NO, ACTUALLY JUST GO BACK ONE MORE. 'CAUSE IT ACTUALLY DID A REALLY GOOD JOB OF, SO 2022, THEN 2023, YOU CAN SEE THE ADDITION. OKAY. LET'S SEE. IT'S NOT IN LINE YET. THERE IT IS. RIGHT. SO, YEAH, SO YOU CAN SEE, UM, WHERE THE NEW EDITION IN 2023, YOU KNOW, CLEARLY CALLED OUT THAT IT, THEY DID MOVE IT QUITE CLOSE. RIGHT. SEE WHAT, AND, AND THE OTHER THING IS, IS THE NEIGHBORING HOME LOOKS LIKE IT'S, DID THEY, DID THEY DO A COVERED CARPORT THAT MOVED THAT ALL THE WAY OVER TO THE SIDE FENCE LINE AS WELL? OR WHY DID IT LOOK LIKE THE HOME SEEMED FURTHER AWAY? LIKE IT WAS FIVE FEET OFFSET BEFORE? I GUESS NOT. UH, NEIGHBORHOOD HOME DOES NOT LOOK LIKE IT DID ANY RENOVATIONS. OKAY. ALL, ALL RIGHT. SO IS THERE ANY, UM, ANYONE SIGN UP TO SPEAK ANY VOICEMAILS? NO PUBLIC COMMENT. ALL ANY COMMISSIONER QUESTIONS? MANNA, COMM, MANNA. SO, YOU KNOW, SO, SO THINK ABOUT THE FIRE, THE FIRE RATING. AND YOU KNOW, IF YOU BRING UP THE, UM, UM, THE PRESENTATIONS PROVIDED BY THE CITY, THE FIRST PICTURE SHOWS A STACK OF PALLETS, UH, EIGHT FOOT 10 FOOT HIGH RIGHT THERE NEXT TO THE STRUCTURE. UH, THERE YOU GO. THAT'S, THAT'S SCARY TO ME. UM, YOU KNOW, WITH REGARDS TO THE WHOLE DIALOGUE FOR FIRE RATING, AND THAT'S, YOU KNOW, ONE OF THE CHALLENGES I THINK, YOU KNOW, AS BUILDINGS GET CLOSE TOGETHER, UM, YOU KNOW, UM, WE CAN DO THE BEST WE CAN, BUT, UH, YOU KNOW, THAT, THAT'S, THAT THAT SEEMS, UM, OMINOUS FROM MY PERSPECTIVE. I BELIEVE THOSE ARE ON THE, UM, NEIGHBORS ON THE RIGHT SIDE OF THE FENCE. CORRECT. BUT AGAIN, YOU KNOW, FIRE SPREAD, YOU KNOW THAT, SO THAT'S TO ME THAT I SEE THAT AND I JUST SEE, YOU KNOW, POTENTIAL FIRE ISSUE BIG TIME RIGHT THERE. UM, SO MAYBE YOU COULD BRING UP THE, UM, THE PERSON, THE, THE, YOUR, THE FIRE, THE PERSON WHO DID THE FIRE DIALOGUE TO TALK ABOUT IT A LITTLE BIT. SO THAT KIND OF GET, UM, A BETTER IDEA OF, OF WHAT IT'S DOING, YOU KNOW, SIMPLY BECAUSE THIS, THE, THIS, THE, THIS LINE GOES ALL THE WAY BACK AND SO, SO YES SIR. IT IS A PRETTY LARGE WALL. YES, SIR. AND THE ENTIRE WALL, UH, WAS ALSO, UH, YOU KNOW, PROVIDED UH, TWO HOUR FIRE. FIRE. YEAH. DOES THAT INCLUDE THE ROOF LINE AS WELL? SO JUST TRYING TO UNDERSTAND WHAT, WHAT PART WAS, WAS FIRE RATED. SO WHILE THE WALL AND, AND THAT PORTION OF THE ROOF OR THE, THE ADDITION OF THE ROOF, BECAUSE LET ME, LET ME GET, UH, THE ENGINEER TO, TO SPEAK TO THAT. THANK YOU. AND, AND WHAT I'M NOTICING IS THAT, LIKE IN THIS PICTURE, THERE'S A UTILITY POLE RIGHT AT, YOU KNOW, RIGHT ON THAT, ON THEIR SIDE OF THE ALLEY. THAT'S IF THEIR HOUSE IS THREE FEET AWAY FROM THE PROPERTY LINE THAT POLE'S LIKE RIGHT ON TOP OF IT. AND THAT KIND OF MAKES ME A LITTLE NERVOUS. OKAY. UM, YOU WERE GONNA GO INQUIRE ABOUT FIRE PROTECTION. YES, SIR. ALRIGHT. UH, GOOD AFTERNOON. UH, MY NAME IS JOHNNY RAZA. UH, I LIVE IN 32 3 1 0 [01:30:02] FLAT ROCK VIEW, VERDE, TEXAS. MM-HMM . AL COUNTY. AND I'M THE, I'M A LICENSED PROFESSIONAL ENGINEER IN THE STATE OF TEXAS. UH, I'M THE ONE THAT DID THE, UM, INSPECTION OF THE EXISTING FOUNDATION FOR THE ADDITION. AND I ALSO DID THE, UH, THE FIREWALL, THE STRUCTURE AT THE TIME. SO CAN YOU, IS IS, DOES IT MEET CODE FOR FIRE RATING? WELL, YES. UH, IT'S A TWO HOUR. WHEN I DID THE INSPECTION, UH, IT WAS ALREADY DONE. IT WAS ALREADY PAINTED AND, AND COVERED. UH, I DIDN'T KNOW WHETHER THEY HAD USED A 5 8, 5 8 EIGHTS TYPE X UH, SHEETROCK ON, ON THE INSIDE. UH, SO I, WHAT REQUESTED THE OWNERS TO DO WAS TO ADD TWO MORE SHEETS, UH, FIVE, FIVE EIGHTS TYPE X ON THE OUTSIDE, UH, BECAUSE I DIDN'T KNOW WHAT THEY HAD USED, OTHERWISE I WOULD'VE USED JUST ONE ON THE OUTSIDE. AND, UH, SO THAT SHOULD MEET, UH, THE, THE CODE. IS THERE ANY WINDOWS ON THAT SIDE? NO, NONE AT ALL THAT I RECALL. ALRIGHT. ALL RIGHT. AND SO ONE OF THE QUESTIONS I HAVE WITH REGARDS TO THE ROOF LINE, SO, SO IS THERE FIRE RATING DONE TO, TO THAT, THAT EVE AS WELL AS A PORTION OF THE ROOF? IS THAT A REQUIREMENT AS WELL OR? YEAH, IT'S SUPPOSED TO GO TO THE, TO THE, TO THE ROOF. UH, AND UH, IT GOES ALL THE WAY TO, TO THE, UM, UH, THE, THE DECKING OF THE ROOF, THE SHOE ROCK. FROM WHAT I COULD TELL AT THE TIME, I DIDN'T GO, THERE WAS NO ROOM TO GO IN THERE, BUT I ASKED THE, THE OWNER AND HE SAID THAT HE HAD DONE IT ALL THE WAY UP TO THE TOP. OKAY. COMMISSIONER BARRINGTON PROBLEM I HAVE WITH AN 11 INCH SIDE SETBACK, UH, BEYOND FIRE AND RUNOFF IS HOW CAN THE OWNER EVER DO ANY KIND OF EXTERIOR MAINTENANCE ON THAT BUILDING? THAT WAS A CONCERN THAT I ALSO HAD. I SPOKE TO THE NEIGHBOR WHEN I WENT OUT THERE TO DO THE INSPECTION. THE NEIGHBOR WAS THERE AND HE'S PRETTY FRIENDLY, UH, WITH THIS GENTLEMAN HERE, THE OWNER. AND HE SAID IT WOULDN'T BE ANY PROBLEM TO, FOR HIM TO DO ANY MAINTENANCE. UH, I ASSUME THERE'S SOME KIND OF FENCE BETWEEN THEM. YES, THERE IS. YEAH. I MEAN, WITHOUT AN, WITHOUT A MAINTENANCE EASEMENT, IT MAKES ME, UH, NOT VERY COMFORTABLE. UM, OKAY. UH, ANY OTHER QUESTIONS? COMMISSIONER ZUNA? YEAH, JUST FOR MY CLARIFICATION. SO THE, THE PERMIT WAS ISSUED, RIGHT? THE BUILDING PERMIT WAS ISSUED BY THE CITY, BUT IT WAS ISSUED IN ERROR. RIGHT. AND THAT'S WHAT THE BORROWER APPLICANT WAS USING TO COMPLETE THE IMPROVEMENTS. IT WAS JUST A COMPLETE, YOU KNOW, I DON'T THINK ANYTHING WAS INTENTIONAL. THEY DID, YOU KNOW, LITTLE TICKS, LITTLE DASHES, YEAH, YEAH. THINGS, THINGS LIKE, AND ON THE APPLICATION THAT THE CITY APPROVED, THEY PUT, THEY DID PUT THE STATEMENT OF HAVING TO HAVE TO, UM, ABIDE BY THE REQUIRED SETBACKS OF THE UDC THAT THE STANDARD STATEMENT. OKAY. SEE, MY, MY ISSUE IS, IS THAT EVEN IF THAT 11 MEANT 11 INCHES OR ONE FOOT OR WHATEVER, IT STILL REFLECTS THE ADDITION EXTENDING OUT TO THE ALLEY TO BE OFFSET FIVE FEET, YOU KNOW, VISUALLY IT DOESN'T SHOW IT TO BE IN LINE. AND THAT'S PART OF THE PROBLEM I HAVE WITH THIS. SO, ALRIGHT. IS THERE, UM, ANY OTHER QUESTIONS IF I, IF I MAY, UH, MR. CHAIRMAN SPEAK TO, UH, THE RELATIONSHIP WITH THE, UH, PROPERTY OR OWNER TO THE SIDE WHERE THOSE PALLETS ARE? UH, HE IS IN FAVOR AND I'VE HAD, UH, CONTINUOUS DIALOGUE WITH HIM AND HIS COOPERATION NOT ONLY TO DO ANY MAINTENANCE TO, UH, FUTURE ISSUES THAT MAY ARISE, BUT, UH, HE, UH, HE FEELS THAT, UH, THE PROPERTY OWNER, UH, IS RESPONSIBLE AND, UH, WOULD ADDRESS ANY ISSUES THAT MAY ARISE. SO I'M GONNA PUT THIS OUT THERE WITH, WITHOUT A RECORDED MAINTENANCE ACCESS EASEMENT FROM THE NEIGHBORING PROPERTY OWNER, I DON'T FEEL COMFORTABLE WITH AN 11 INCH OFFSET, NOT FOR THAT RUN OF A FINISHED HOME. SO, UM, IF THAT'S SOMETHING YOU THINK THE NEIGHBOR WOULD BE WILLING TO SIGN AND HAVE RECORDED AT THE COURTHOUSE, UH, I WOULD BE OPEN TO A CONTINUANCE OR SOMETHING, BUT OTHERWISE I'M JUST LETTING YOU KNOW WHAT MY THOUGHTS ARE. UH, ALL I CAN DO IS PROPOSE IT TO, UH, TO THE OWNER, UH, AND, AND, UH, OKAY. DOES ANYBODY IN THE COMMISSION, UH, FEEL THE CONTINUANCE WOULD BE ACCEPTABLE AND WITH SUCH A REQUEST? YEAH, I THINK IT'S WORTHWHILE TO AT LEAST PURSUE THE, UH, MAINTENANCE. [01:35:01] OKAY. EASEMENT, JUST TO MAKE SURE, HOW MUCH TIME WOULD YOU NEED ACCESS? MUCH NEXT MEETING'S? JANUARY 27TH. DO YOU WANT TO GO TO FEBRUARY OR DO YOU WANT TO DO THE 27TH? UM, I'LL, I'LL DEFER TO THE COMMISSION. I JUST WANNA MAKE SURE YOU HAVE, UH, I JUST WANNA KNOW THAT, UH, THIS IS, THIS CASE HAS BEEN ONGOING. THERE HAS BEEN SEVERAL, UH, , UH, UH, SETBACKS OR, UH, BUT, UH, AGAIN, WE'LL, UH, ADHERE TO WHATEVER YOUR DESIRE IS. WELL, THE NEXT MEETING'S IN THREE WEEKS AND, AND AGAIN, I, I WOULD NEED TO SEE A RECORDED MAINTENANCE ACCESS EASEMENT FROM THE NEIGHBOR ALONG THAT FIVE FOOT STRIP FOR ME PERSONALLY TO FEEL COMFORTABLE. OKAY. UM, AND, UH, BASED ON OTHER TESTIMONY, UH, OTHER QUESTIONS THAT WE'VE HEARD THAT MIGHT, MIGHT MAKE OTHER COMMISSIONERS SURE. MANNA COMMISSIONER MANNA. UM, SO ALSO LOOKING AT THE ROOF LINE HERE, UM, I'M ASSUMING THAT THE PITCH OF THE BACK SECTION, SO IT LOOKS LIKE THE FRONT SECTION, UM, PITCHES TOWARDS THE STREET AND, UM, AND THERE'S AN EVE THERE THAT GOES ALL THE WAY ALONG THE BACKSIDE. DOES THAT SLOPE THEN GO TOWARDS THE NEIGHBOR'S YARD? SO, SO BASICALLY THAT WHOLE, THAT WHOLE RUN FOR THE BACK HALF ACTUALLY SLOPES TOWARDS THE NEIGHBOR'S PROPERTY LINE? YES. I DON'T THINK SO. NO, SIR. I DON'T THINK SO. THE REAR TO THE ALLEY? YEAH. SLOPES OF THE FRONT AND TO THE REAR? YEAH, FRONT, IN FRONT IN THE ALLEY. OKAY. IF YOU BRING UP THE OVERHEAD PICTURE, THERE'S A CREST COMING DOWN. SO, OH, YOU TALKING ABOUT THE, THE PATIO, IS THAT A PATIO, THAT WHOLE PIECE BACK TO THE BACK IS, IS A PATIO'S A PATIO? THE PATIO, THAT ENTIRE PIECE IS AN OPEN PATIO. THAT ENTIRE PIECE IS AN OPEN PATIO? YES. WELL, WITH THE EXCEPTION OF THE, IF YOU CAN SPEAK INTO THE MICROPHONE, SIR, YOU CAN SPEAK INTO THE MICROPHONE, THE WALL NEXT TO THE PROPERTY OWNER THERE, THERE'S A WALL AND IT'S, IT'S, IT'S COVERED. OKAY. HOW FAR, HOW FAR BACK WHEN DOES THE PATIO START IN RELATION TO THE NEIGHBOR'S BACK CORNER? YOU HAVE A LASER POINT? YEAH. GIVE US AN IDEA OF, OF WHAT'S HOUSE AND WHAT'S PATIO. YEAH, THAT'S A RED BUTTON BUTTON. PRESS THE RED BUTTON HERE. YEAH. TO THE PAGE. SEE, SEE I, IF I CAN SEE, OKAY, FROM HERE TO THERE, IT'S ALL PATIO. YES. OKAY. AND THEN SO THE SLOPE SLOPES, SO IT'S A SPLIT ACROSS THE TOP TO THE BACK. SO YOU GOT HALF RUNOFF GOING TO THE NEIGHBORS AND HALF COMING BACK INTO THE YARD. YES. SO, SO, YOU KNOW, ANOTHER QUESTION I GUESS I WOULD HAVE IS WHENEVER WE TALK ABOUT RUNOFF WITH SOMETHING SO CLOSE, YOU KNOW, THAT BECOMES AN ISSUE FROM MY PERSPECTIVE AS WELL. UM, BUT BECAUSE IT'S SO CLOSE, GUTTERS WOULD PUT YOU EVEN FURTHER, UM, INTO THAT SIDE. AND SO, YOU KNOW, IS THERE ANY KIND OF FRENCH DRAINAGE SOLUTION THERE OR ANYTHING IN PLACE? IF, IF THIS APPLICANT WERE TO COME BACK IN THREE WEEKS, COULD THEIR APPLICATION, UH, BE ADJUSTED TO BE LESS THAN 11 INCHES FOR THE PROVISION OF GUTTERS? WELL, I MEAN, WE DO HAVE TIME TO REPUBLISH BECAUSE WE HAVE THAT HOLIDAY, SO WE WOULD HAVE TO MAYBE REPUBLISH IT. OKAY. I MEAN, SO ON THE, THE 27TH MIGHT BE TOO SOON. DO, DO WE SHOOT 'EM FOR LIKE FEBRUARY 3RD? IS THAT THE NEXT MEETING AFTER? NO, WE CAN, WE CAN PUT 'EM ON THE 27TH. IS THAT ENOUGH TIME FOR YOU? I, I WOULD FEEL A LITTLE MORE COMFORTABLE IF WE EXTENDED TO FEBRUARY THE THIRD. FEBRUARY 3RD IS THE NEXT MEETING AFTER THAT. OKAY. UM, FEBRUARY 10TH. SORRY. FEBRUARY 10TH. FEBRUARY 10TH. SO, UM, SO WHAT WE'RE HEARING TODAY IS THAT, UM, YOU KNOW, POSSIBLY SOMETHING FROM THE NEIGHBOR REGARDING MAINTENANCE AND THEN THE, UH, UH, UH, THE PATIO BEING REVISITED TO INCLUDE GUTTERS AND, AND APPROPRIATE ROOM FOR A SETBACK. IF, IF THERE'S, UH, MEMBERS OF THE COMMISSION THAT DON'T SEE TAKE ISSUE WITH THAT, I, I'D LOOK FOR A CONTINUANCE TO FEBRUARY 10TH. MAN IS SO MOVED. ALL RIGHT. IS THERE A SECOND? SECOND. IS THAT GOOD? I'M GONNA GIVE THAT TO COMMISSIONER CRUZ SINCE SHE'S FAR AWAY FROM HERE RIGHT NOW. UH, ALL IN, THANK YOU SIR. ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? HEARING NON, UH, MOTIONS CON, UH, UH, CASES CONTINUE TO FEBRUARY 10TH. SO WHAT WE'RE LOOKING FOR AS WE DISCUSSED IS, UM, THE ADDITION OF GUTTERS, UH, IS SOMETHING THAT WE LOVE TO HEAR ABOUT OR, OR SOME OTHER MEANS TO ADDRESS DRAINAGE OKAY. IS REALLY WHAT WE'RE CONCERNED ABOUT. AND THEN ACCESS FOR THE, FOR THE FINISHED WALL PORTION NEXT TO THE NEIGHBOR. VERY GOOD. ALL RIGHT? YES, SIR. ALRIGHT, THANK YOU. YES, GO AHEAD. IF I MAY SAY SOMETHING, UH, I HAD MENTIONED IT TO THE OWNERS TO INSTALL RAIN GUTTERS, UH, FOR THE REASON OF PROTECTING THE SLAB, THE FOUNDATION, IF YOU HAVE A GOOD DRAINAGE AWAY FROM [01:40:01] THE, FROM THE SLABS, IT WON'T GIVE YOU ANY PROBLEMS. AND, AND NOW THEY'LL HAVE A POTENTIAL OPPORTUNITY TO DO SO, . SO WE LOOK FORWARD TO SEEING Y'ALL BACK ON FEBRUARY 10TH. THANK YOU. THANK YOU. THANK YOU. THANK YOU, MR. CHAIRMAN. YEP. ITEM SIX, ITEM NUMBER SIX, BO A DASH TWO FOUR DASH 0 3 0 0 2 2 6. ADDRESS IS 300 DELMAR STREET COUNCIL, DISTRICT TWO APPLICANT BEING JOSE SIMONON. I REQUEST FOR A VARIANCE TO ALLOW THREE SEPARATE STRUCTURES ON AN RM FOUR THAT IS LESS THAN ONE THIRD OF AN ACRE. TWO, A REQUEST FOR A TWO PARKING SPACE VARIANCE FROM THE MINIMUM FIVE PARK REQUIRED PARKING SPACES TO ALLOW THREE PARKING SPACES. AND THREE, A VARIANCE FROM THE FRONT ENTRY ORIENTATION TO A PRIMARY STREET. AND WALKWAY ZONING IS RM FOUR. SUBJECT PROPERTY IS LOCATED NORTH OF INTERSTATE 10, APPROXIMATELY 530 FEET WEST OF SOUTH NEW BRAUNFELS AVENUE ON THE CORNER OF INTERSECTION OF DELMAR STREET AND ST. ANTHONY AVENUE. THE APPLICANT ON BEHALF OF THE PROPERTY OWNER IS PROPOSING CONSTRUCTION OF THREE SEPARATE SINGLE FAMILY RESIDENTIAL STRUCTURES. ON AN ARMED FOUR LOT LESS THAN ONE THIRD OF AN ACRE. A PARKING REQUIRE AS PARKING REQUIREMENTS FOR THREE FAMILY DWELLINGS ARE ONE AND A HALF SPACES PER UNIT. THE APPLICANT REQUIRES A TWO SPACE PARKING VARIANCE TO REDUCE PARKING FROM THE MINIMUM OF FIVE SPACES TO THREE SPACES. ADDITIONALLY, THE ORIENTATION OF THE PROPOSED FRONT DOOR IS NOT ORIENTATED TO THE PRINCIPAL. STREET PERMITS ARE PENDING. THE OUTCOME ON THE BOARD OF ADJUSTMENT SITE PLAN, SITE PLAN CONTINUED. THIS IS THE RENDERING FROM THE APPLICANT. THIS IS A SITE, IT WAS A SURVEY. UM, I JUST WANTED TO CAVEAT THAT THE TRACK A, WHICH IS THE AREA HIGHLIGHTED IN YELLOW, IS THE PORTION THAT WE ARE DISCUSSING. THE REMAINDER IN TWO TRACKS ACTUALLY BELONG TO, UM, 4 0 1. UM, I WILL, I'LL SHOW PICTURES OF THAT. AND THIS IS THE VIEW OF THE SUBJECT HISTORICAL VIEW. AND THIS IS THE CURRENT VIEW OF DELMAR STREET. THIS IS THE VIEW FROM ST. ANTHONY STREET, HISTORICAL VIEW FROM ST. ANTHONY VIEW, REAR VIEW OF THE SUBJECT PROPERTY AND SURROUNDING AREA. STAFF RECOMMENDATION FOR THE MULTIUNIT CONSTRUCTION. ON OUR FOUR, LESS THAN ONE THIRD OF AN ACRE, FRONT DOOR ORIENTATION AND PARKING SPACE, VARI STAFF RECOMMENDS DENIAL MBOA DASH 24 DASH 1 0 3 0 2 26 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, CONCENTRATING THE THREE UNITS ON A LOT, ONE THIRD OF AN ACRE OR SMALLER WILL PROMOTE OVERCROWDING, OVERCROWDING IN SMALLER LOTS. TWO, THE REDUCED PARKING SPACES WILL INCREASE THE NEED FOR OFF STREET PARKING AND CREATE TRAFFIC CONGESTION. AND THREE, THE FRONT DOOR ORIENTATION WILL DECREASE SECURITY VISIBILITY FROM THE OCCUPANT STAFF. MAIL 25 NOTICES. ONE WAS IN FAVOR, ONE IN OPPOSITION. AND THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION IS OPPOSED. THIS IS THE ONE IN FAVOR. THEY SENT AN EMAIL AND THE NOTICE IN, AND THIS IS DENVER HEIGHTS. INITIALLY ON DECEMBER 12TH, THEY APPROVED, UH, WITH LIMITATIONS OR THEY WERE ACCEPTING, UH, KIND OF AN IN FAVOR. AND THEN ON JANUARY 3RD, UM, ADJUSTED TO AN OPPOSITION AND IN OPPOSITION AS WELL. NOW, THIS IS LIMITED IN OPPOSITION. UM, THEY'RE UNSURE AS TO HOW FAR THE DEVELOPMENT IS GOING. THEY WERE ONLY, UH, IN THEIR SUBJECT IS TRACK A, IS WHAT THEY, UM, TALK ABOUT THAT, UM, PORTION. WHAT DOES PAPERWORK ON THE BOTTOM OF THE THIS WOULD BE, [01:45:01] I THINK WHAT THEY HAVE. IT LOOKS LIKE THEY NEED TO REPLANT THE PROPERTY. THE, THE LINE, IF YOU GO BACK TO THE FRONT, UH, OR TO THE VERY FIRST SLIDE, WE VERIFY WITH PLA THEY DO NEED TO REPLANT THE PROPERTY AND THE, THE PROPERTY OWNER IS ON, UH, AWARE. OKAY. AND ALSO, UM, VERIFIED, UH, WITH TRAFFIC, THE ITEM NUMBER TWO IS NOT REQUIRED BECAUSE, UM, THEY HAVE ENOUGH PARKING SPACE IN FRONT OF THE GARAGE, EVEN THOUGH MOST, SOME OF IT MIGHT NOT BE ON THEIR PROPERTY, IT'S STILL BEFORE THE SIDEWALK. UM, SO THEY, THEY DO HAVE SIX PARKING SPACES, SO THEY'RE NOT GONNA NEED ITEM NUMBER TWO. WELL, AND I WAS GONNA BRING THAT UP BECAUSE THEY'RE, THEY'RE CUTTING IN THREE DRIVEWAYS. THEY'RE GONNA HAVE TO RECONSTRUCT THE WHOLE FRONT AREA ANYWAY. I'M SURPRISED THEY WEREN'T PROPOSING TO MOVE THE SIDEWALK FURTHER, CLOSER TO THE STREET TO GET 20 FEET PAST THE GARAGE DOOR. BUT, UH, SO DOES THEIR PLANS CURRENTLY HAVE 20 FEET FROM THE FACE OF GARAGE DOOR TO THE BACK OF SIDEWALK. THAT'S WHAT THE APPLICANT INDICATED. THEY HAVE 20 FEET FROM THE GARAGE DOOR TO THE BACK OF THE SIDEWALK. ALL RIGHT, WELL THANK YOU. YOU'RE WELCOME. THEY HAVE THE APPLICANT COME FORWARD. UH, PLEASE STATE YOUR NAME. TELL US ABOUT YOUR PROJECT. UH, GOOD AFTERNOON. UM, MY NAME IS ERNESTO GOMEZ. I REPRESENT, UH, THE CONTRACTOR ON THIS PROJECT. AND I'M LIVING ON 10 14 CLO PLACE, SAN ANTONIO, TEXAS. HI, MY NAME IS, OR JIMENEZ. I'M REPRESENT AS WELL INVESTOR OF THIS PROJECT. AND UM, ALRIGHT. OKAY. UH, WHAT, UM, THE REASON THAT WE CAME TO THIS CONCLUSION IS 'CAUSE PREVIOUSLY IT WAS TWO, TWO, UH, HOUSES ON THIS, UH, LOT. AND OBVIOUSLY ONE IT WAS DEMOLISHED BEFORE, NOW IT'S ONE IS STILL THERE. AND NOW WE WANNA BUILD THREE, UH, THREE SEPARATE BUILDINGS. WHILE IT WAS AT THREE DIFFERENT PLOTS ALREADY, UH, IT WAS THREE LINES ALREADY ON, ON THE PROPERTY. OKAY. AND IT, I'M SHOWING THAT YOUR PROPERTY 75 FEET WIDE IN TOTAL? YES. UH, 25 ON EACH LINE. ON EACH LOT. OKAY. YEAH, IT WAS 25 BY 150 FEET. GOT IT. UM, IS THERE, UH, ARE YOU GONNA BE ABLE TO ATTAIN 20 FEET FROM THE FACE OF GARAGE? ARE YOU HAVING GARAGES? YES. SO YOU'RE GONNA HAVE, DO YOU HAVE 20 FEET FROM THE FACE OF GARAGE TO THE BACK OF SIDEWALK OR DO YOU NEED TO RECONSTRUCT THAT SIDEWALK AND MOVE IT BACK A LITTLE? UM, WE PROBABLY WOULD HAVE TO RE REGISTER. YEAH. REDO. YOU GOT PLENTY OF ROOM. YEAH. ALL RIGHT. WE HAVE, UH, IS THERE ANY COMMISSIONER QUESTIONS? CRUISE COMMISSIONER CRUZ, UM, ON THE THREE BUILDINGS THAT YOU'RE TRYING, YOU'RE PROPOSING TO CREATE THERE, UM, HOW BIG IS EACH ONE? ARE THEY TWO STORIES? YES, THEY'RE TWO STORIES AND IT'S, UH, UH, UH, 2000 SQUARE FEET WITH INCLUDING THE GARAGE. SO LIVING SPACE IS ABOUT, UH, 1200 SQUARE FEET. SO TWO BEDROOM, ONE BATH, UH, THREE, THREE BEDROOMS, THREE, TWO AND A HALF BEDS. OKAY. ALL RIGHT. THANK YOU. MANNA COMMISSIONER MANNA. SO I WAS TRYING TO UNDERSTAND, UM, SO IT STARTED THE, THE DIALOGUE STARTED AS, UH, UH, TWO HOMES ON THIS PROPERTY. AND, AND DENVER HEIGHTS UNDERSTANDING WAS ALSO THAT IT WAS GONNA BE TWO HOMES. AND THEN WHEN IT CHANGED THE THREE, THEY THEY WERE IN OPPOSITION, OR THEY'VE BEEN IN OPPOSITION THE WHOLE TIME? NO, UH, LONG TIME AGO IT WAS TWO, TWO HOMES. UH, THAT THERE, SO IT STARTED AS TWO HOMES? YES. UH, NOW IT'S ONE, AND WE, BECAUSE IT'S RM RM UH, FOUR, UH, AT THE BEGINNING WITH THE CUSTOMER, NOT WITH THE CITY, UH, THEY WANT TO BUILD A, A MULTIFAMILY OF FOUR, UH, FOUR UNITS. UH, BUT IN ORDER TO DO THAT, WE HAVE TO REPL AND, AND DO ALL THAT. 'CAUSE IT'S A THREE LOTS, ACTUALLY 3 25 FRONT. UH, SO WE RECOMMEND AS A CONTRACTORS TO PROPOSE THREE DIFFERENT BUILDINGS IN, UH, ONE BUILDING WITH FOUR DOORS. OKAY. UH, I'M GONNA STEP IN FOR A SECOND. SO ON, ON B, C, A, YOU'RE SHOWING THAT YOU, YOU'RE CURRENTLY DEFINED AS LOTS 22, 23, AND 24. YES. ALL RIGHT. SO ARE, ARE, ARE THE THREE LOTS IN QUESTION, UH, [01:50:01] YOUR PROPERTY, YOU, YOU, YOU HAVE WHOLE LOTS. CAN YOU JUST PURSUE A COD? UM, YES. UH, WE APPROACHED TO, TO THE CITY, UH, UH, ZONING COMMISSION, AND I MEAN ZONING DEPARTMENT. AND WE COME WITH THIS, UH, CONCLUSION IT WAS PROBABLY THE BEST. THAT'S BECAUSE YOUR LOT IS LESS THAN 12,000. YES. 12,000 SQUARE FEET. SO YOU DON'T MEET THE 4,000 FOR RM FOUR. SO YOU COULDN'T GET THE COD WITHOUT COMING TO US ANYWAY. YES. OKAY. SO YOU HAVE TO COME TO US FOR LESS THAN A 4,000, YOU KNOW, A FEW HUNDRED FOOT REDUCTION SO THAT THEY CAN CONTINUE ON WITH THE COD AS THEY'RE TRYING TO DO THIS HERE, OR PLA IT. YES. AND THEN YOU NEED US, UH, THEN YOU DON'T NEED US, BUT THEN YOU, YOU CAN'T DO THE SEPARATE UNITS. SEE, THEY, THEY COULD DO, IF, IF WE GAVE 'EM A, IF THEY WERE HERE FOR A VARIANCE FOR THE TWO OR 300 FEET THAT THEY'RE SHY, YOU KNOW, TO GET TO 4,000 SQUARE FOOT LOTS, THEY WOULDN'T EVEN NEED TO BE HERE. AND SO THAT'S, YEAH, WE, WE HAVE ALL THE, ALL THE SETBACKS IN HERE. NO, I'M JUST SURPRISED THAT YOU WERE WANTING TO SPEND THE MONEY ON PLATTING INSTEAD OF COMING TO US FOR A COD VARIANCE ON THE LOT SIZE, WHICH IS SO SMALL. YES, YOU'RE RIGHT. OKAY. I MEAN, 'CAUSE YOU'RE ONLY, YOU'RE ONLY TALKING ABOUT BEING SHY 250 FEET A POP. YOU'VE GOT 37 50 A SQUARE FOOT A LOT. YOU COULD COME TO US FOR 250 SQUARE FOOT VARIANCE ON ALL THREE LOTS AND THEN BE DONE WITH THIS ALREADY. YES. OKAY. THE GOOD NEWS IS BY GOING THROUGH THE PLANNING PROCESS, THEY HAVE TO DO A DETAILED DRAINAGE REPORT. AND IT'S PROBABLY BETTER FOR EVERYBODY, BUT OKAY. YEAH. UM, YEAH. AND, AND THEY, IF, IF THEY WENT THE COD ROUTE, THEY COULD SELL 'EM INDIVIDUALLY, BUT THIS WAY IT'S ALL OWNED BY ONE PERSON. YES. OKAY. ANY QUESTIONS? ANYTHING? NOPE. MANNA? YES. SO, UM, AND THIS QUESTION FOR I GUESS CITY. SO TRY HELP ME UNDERSTAND, SO THE CHURCH HAD AN OPPOSITION HERE BECAUSE OF THE ABUTTING PROP OR BECAUSE THEY OWNED THE PROPERTY ON THE BACKSIDE? IS THAT WHAT WHAT IS IT? THEY'RE IN OPPOSITION AND DIDN'T UNDERSTAND THAT? OR, OR JUST TRYING TO UNDERSTAND. IT WASN'T CLEAR TO ME WHAT IT WAS THAT THE CHURCH'S OPPOSITION WAS. OKAY. ACCORDING TO WHAT THE CHURCH IS CONCERNED ABOUT IS THAT THE CHURCH OWNS THIS PART AND THIS PART STILL, THIS IS THE ONLY PART THAT THEY'RE DEVELOPING ON. OH, THEIR CONCERN, THEIR CONCERN IS THAT THEY ARE GOING TO CROSS AND ENCROACH INTO THE, TO THEIR PARKING AREA IN THIS AREA HERE. UM, I THINK A REPRESENTATIVE IS IN THE AUDIENCE IF THEY CHOOSE TO SPEAK. AND SO YOU, YOU DON'T OWN ALL THREE LOTS, YOU ONLY OWN THE FRONT PORTION OF ALL THREE LOTS. SO THAT, OKAY. SO THAT, SO YOU DID, YOU COULDN'T DO A COD? YES. RIGHT. NOW, THAT PART OF THE, OF THE LOT THAT IS VERY CONCERNED, UH, THE CHURCH, UM, WE DON'T WANNA TOUCH THAT PART. WE JUST GOING TO DEVELOP THE YELLOW PART THAT IS IN THE TRAY TRACK. YEAH. A THAT'S THE ONLY, THE, THE ONLY PART THAT WE'RE GOING TO TOUCH. AND IF THAT IS THE CONCERN. NO, I UNDERSTAND WHAT'S HAPPENING NOW. YEAH. SO, SO ON B WHAT HAPPENED WAS ON BCAT HASN'T BEEN UPDATED BASED ON THEIR RECENT PURCHASE, BUT THEY DIDN'T BUY ALL THREE LOTS. THEY BOUGHT THE FIRST 80% OR WHATEVER OF THE THREE LOTS. SO THAT'S WHY THEY COULDN'T PURSUE THAT. AND WE LET THE CHURCH KNOW THAT IT, THIS IS NOT OBVIOUSLY GONNA BLEED OVER TO THEIR LOT. RIGHT. IS THERE ANYONE SIGNED UP TO SPEAK OR VOICEMAILS HAVE, UM, ANTHONY JACKSON SIGN UP TO SPEAK? WHAT WE'RE GONNA DO IS WE'RE GONNA HEAR FROM THE, UM, CITIZEN TO SPEAK AND WE'RE GOING TO HEAR THEIR THOUGHTS AND WE'LL SEE IF THEY HAVE ADDITIONAL QUESTIONS. COME ON UP. SIR, YOU CAN PLEASE STATE YOUR NAME AND TELL US, TELL US WHAT YOUR THOUGHTS ARE. UH, ANTHONY JACKSON. UH, MY NAME, UH, THANK YOU. CHAIRMAN. CHAIRMAN, UH, COMMISSIONER. UM, YES. UM, WE, I'M WITH, I'M A DEACON OF THE CHURCH, BUT THAT'S THE WORSHIP CENTER. UM, AND WE HAVE, UM, I GUESS WHEN WE SOLD, WE ONLY SOLD TRACK A, WHICH IS THE PORTION IN THE YELLOW, NOT THAT YELLOW, BUT THE PREVIOUS ONE. OKAY. BUT WE DID THE SURVEY THAT WAS ALREADY TAKEN. WE HAD THE SURVEY ALREADY THAT WE HAVE HERE. UM, SO THAT'S THE PORTION THAT WE SOLD. WE JUST WANTED TO MAKE SURE THAT THAT TRACK A, THAT SECTION THERE WAS THEIR PORTION AND THE REST OF IT IS OURS. WE JUST DIDN'T WANT ANYTHING ENCROACHING OVER INTO WHEN THEY STARTED BUILDING OR DOING WHAT THEY WERE GONNA DO, THAT NOTHING WAS GONNA, YOU KNOW. OH YEAH. THEY, THEY IMPEDE OVER, THEY HAD TO STAY 10 FEET AWAY FROM THAT PROPERTY LINE. RIGHT. YEAH. THAT WAS THE ONLY CONCERN THAT WE HAD. YEAH. OKAY. BUT YOU'RE NOT OPPOSED TO THEM PUTTING IN THREE SEPARATE STRUCTURES, THEY, YOU JUST WANT THEM TO STAY THE REQUIRED SETBACKS AWAY FROM THE PROPERTY? CORRECT. YEAH. OKAY. ALRIGHT, [01:55:01] WELL THANK YOU VERY MUCH AND I'LL LET, UM, I'LL LET THE CHURCH KNOW, PASTOR KNOW ALSO. ALRIGHT. THANK YOU. THANK YOU. YES. WE HAVE 12 FEET AWAY FROM THE PROPERTY LINE. OH, SO EVEN MORE THAN THE MINIMUM. YES. ALRIGHT, SO WITH ALL THAT, IS THERE ANY ADDITIONAL QUESTIONS BEFORE WE MOVE ON? MANNA, MR. MAN? SO THE QUESTION FOR, I GUESS THE APPLICANT IS, DID THEY HAVE A CHANCE TO TALK TO, UH, DENVER HEIGHTS BECAUSE THEY'RE IN OPPOSITION. SO JUST TRYING TO UNDERSTAND, YOU KNOW, THEIR PERSPECTIVE. 'CAUSE IT DOES GO FROM, YOU KNOW, I SEE A NOTE FROM THEM ON DECEMBER 12TH WHERE IT APPEARED THAT THEY UNDERSTOOD IT TO BE TWO UNITS AND THEN IT, IT CHANGED TO IN OPPOSITION THEN, UM, IN, I GUESS, UH, IN THEIR NEXT REVIEW WHEN THEY SAW THAT IT WAS THREE UNITS. SO ACTUALLY YES, WE SPOKE LIKE TWICE AND THERE WA THERE WAS CONCERN BECAUSE OUR FIRST PROPOSAL WAS A THREE STORY UNITS. UM, BUT THEN THEY DECIDE LIKE, NO, THAT IS NOT CONVENIENT BECAUSE WE CAN SEE THE AMERICAN TOWER. SO WE DECIDE TO MOVE AND CHANGE IT FORWARD A TWO STORY. AND ALSO WE HAVE THE CONSIDERATION WITH THE, WITH THE COMMUNITY TO KNOCK EVERY DOOR AND SAY, AND SHOW THE PROJECT AND SEE, YOU KNOW, WHAT IS WHAT YOU EXPECT OF, OF OUR, EH, DEVELOPMENT HERE. AND THEY WERE PRETTY, EH, HAPPY FOR THE, FOR THE DEVELOPMENT BECAUSE RIGHT NOW IT'S LIKE AN EMPTY, EMPTY LOAD AND THERE'S A LOT OF TRASH. AND THEY SAY LIKE, OKAY, THAT'S GONNA BE BEAUTIFUL BECAUSE YOU'RE GONNA BRING SOMETHING, EH, NEW TO THE COMMUNITY. SO I DIDN'T HAVE ANY CONCERN. AND ALSO WITH THE PASTOR, WE TRIED TO, TO REACH, UH, BUT IT WAS LIKE QUITE DIFFICULT. BUT WE TOOK THAT AS CONSIDERATION. SO IF THAT IS THE CON THE CONCERN OF THE PARKING, WE'RE NOT GONNA TOUCH IT. SO WHAT IT LOOKS LIKE IS, IS THAT YOU WENT TO DENVER HEIGHTS, THEY WEREN'T OPPOSED, THEY WERE OPPOSED TO THE THREE STORIES. YOU DROPPED IT TO TWO STORIES, THEY APPROVED IT, AND THEN YOU CHANGED THE APPLICATION TO BE THREE UNITS INSTEAD OF TWO UNITS. DID YOU HAVE ANOTHER MEETING WITH DENVER HEIGHTS? NO, WE DIDN'T KNOW AT THE BEGINNING WAS THREE UNITS BECAUSE FOR, FOR THAT COMMUNITY CAN, CAN WORK IT HAVE TO BE THREE UNITS. IT WAS THE, THE FIRST PLAN, THE INITIAL PLAN WAS THREE UNITS, BUT THE FIRST WAS THREE STORY. WELL, THEIR, THEIR LETTER FROM DECEMBER 12TH SAYS, YOUR NEW PLANS NOW SHOW THE DWELLINGS ON SAID PROPERTY WILL ONLY HAVE TWO UNITS. NO, THAT IS VERY WEIRD BECAUSE WE HAVE THE TRACKING LINE EVEN WITH THE MELANIE AND EVEN WE HAVE THE EVIDENCE WITH THE, WITH THE MAILS THAT WE SENT TO THEM. AND IT NEVER WAS THE, THE, THE FIRST PLAN WAS THREE STORAGE. DID YOU EVER REFLECT THE SIDE PLAN TO SHOW TWO UNITS? NO, NEVER. EVER. AND I CAN'T PROVE THAT. OKAY. I MEAN, I, I, I, YEAH, MAYBE IT'S, THEY THEY UNDERSTAND THAT. BUT WE HAVE THE TRACKING LINE, ALL THE EMAILS AND ALL THE COMMUNICATIONS AND ALL THE COPIES WITH MELANIE AND EVERYTHING. OKAY. ALRIGHT. UH, ANY OTHER QUESTIONS? HEARING NONE, I, WE'RE GOING TO LOOK FOR A MOTION AND SEE HOW THIS TURNS OUT. OKAY. LOOKING FOR A MOTION. UNA COMMISSIONER ZUNA REGARDING CASE NUMBER BO A DASH 24 DASH 0 3 0 2 2 6. I MOVE THAT THE BOARD OF ADJUSTMENT GRAND REQUEST FOR ONE, A VARIANCE TO ALLOW THREE SEPARATE STRUCTURES ON AN RM, FOUR LESS THAN ONE THIRD OF AN ACRE. AND TWO, A VARIANCE FROM THE, FROM THE FRONT ENTRY ORIENTATION TO A PRIMARY STREET AND WALKWAY SITUATED AT 300 DELMAR STREET, APPLICANT BEING JOSE SIMON BECAUSE OF TESTIMONY PRESENTED TO US IN THE FACT THAT WE DETERMINED FOR THE PHYSICAL CARE FOR THIS PROPERTY, SUCH A LITTLE ENFORCEMENT OF PROVISIONS OF THE UDC AS AMENDED WOULD RESULT UNNECESSARY HARDSHIP. I'M CONFIRMING THAT WE WE'RE STRIKING NUMBER TWO, RIGHT? RIGHT. BECAUSE WE DO MEET THE, THE PARKING, UH, VARIANCE REQUIREMENTS SPECIFIC, SPECIFICALLY, WE FIND THAT ONE THE VARIANCE IS NOT CONTRACT TO PUBLIC INTEREST. IF GRANTED THE REQUEST WILL NOT BE CONTRARY TO PUBLIC INTEREST AS ADEQUATE SPACING EXISTS ON, ON THE LODGES PERMIT. THREE STRUCTURES, THE FRONT ENTRY PAGE WILL BE ON THE SIDE AND THREE SINGLE CAR GARAGES WILL NOT CREATE OVERFLOW PARKING IN THE STREET. UH, TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENC ENFORCEMENT OF THE ORDINANCE, WHICH WOULD RESULT AN UNNECESSARY HARDSHIP. DID YOU CHECK YOUR MICROPHONE? I'M SORRY. NO, SHE CHECK. LOOKED LIKE SHE WAS HAVING A QUESTION. SHE COULDN'T HEAR 'EM. I I JUST, SHE'S COMING IN AND OUT. OKAY. OKAY. UH, A LITTLE EN ENFORCEMENT OF THE ORDINANCE LIMITS, UH, DEVELOPMENT OF THE PROPERTY AND LIMIT THE HOUSING OPTIONS IN THE AREA. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS SUBSTANTIAL JUSTICE WILL BE DONE IF APPROVED. THE STRUCTURE WOULD OBSERVE THE SPIRIT OF THE ORDINANCE BY ENHANCING FUNCTIONALITY AND DIVERSITY OF USE FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. [02:00:01] NO, NO USES ON THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT. WHICH PROPERTY IS LOCATED. IF GRANTED, THE RM FOUR ZONED LOT WILL, WILL BE ALLOWED TO CONTAIN THREE SEPARATE STRUCTURES ON THE LOT THAT IS LESS THAN ONE THIRD OF AN ACRE, WHICH WILL ALLOW FOR CREATIVE DESIGN LEADING TO A MORE VIBRANT AND SUSTAINABLE DEVELOPMENT. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SAW IS DUE TO THE DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL OR NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. SO THAT SUCH OF THE SHAPE, SIZE OF THE LOT, THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL. END OF MOTION. IS THERE A SECOND? SECOND. SECOND BY COMMISSIONER BAGMAN. COMMISSIONER UNA. RIGHT. SO I WILL BE IN SUPPORT OF THE, UH, VARIANCES AS READ. UM, THE APPLICANT PROVIDED TESTIMONY THAT, UH, YOU KNOW, THEY HAD, THEIR PLAN WAS, UH, UH, UH, TO ALWAYS HAVE THE THREE, UH, DISTINCT, UH, UNITS. AND THEY'LL NOW LIMITING THE HEIGHT TO TWO STORIES. UH, I THINK IT PROVIDE KIND OF AFFORDABLE HOUSING WITHIN THE DISTRICT THAT IS MUCH NEEDED. UH, THE, UM, MOST AFFECTED, UM, NEIGHBOR, UH, IS THE CHURCH PROVIDED TESTIMONY THAT THEIR MAIN CONCERN WAS KIND OF PARKING. THAT THEY LIMIT THE, THE SETBACK AND THE APPLICANT PROVIDED TESTIMONY THAT THEY'RE GONNA BE 12 FEET AWAY. UH, THE APPLICANT WENT OUT OF THEIR WAY TO SEEK ALL THE NEIGHBOR'S CONSENT AND GOT, UH, YOU KNOW, ALL THE NEIGHBOR'S CONSENT TO WHAT THEY'RE, UH, PROPOSING HERE. UH, THE, THE, UH, NEIGHBORHOOD ASSOCIATION DID PROVIDE, UH, SOME SUPPORT AND I THINK THAT THEY WERE A LITTLE BIT OF MISCOMMUNICATION ABOUT THE THREE UNITS, BUT OTHERWISE PROVIDED SUPPORT FOR THE PROJECT THAT IS PROPOSED, UH, THE APPLICANT COULD OTHERWISE BUILD, IF I'M NOT CORRECT, UH, IF THEY WERE GOING THROUGH A, UH, UH, UH, COD. IS IT, UH, OTHERWISE, UM, THE GOING THROUGH THIS CORRECT CHANNEL TO PROVIDE THE MEANS TO BE ABLE FOR THEM TO BUILD FOR THOSE I'M SUPPORTING THE VARIANCES READ. ALL RIGHT, THANK YOU COMMISSIONER BRACKMAN. UM, YEAH, I AGREE WITH MY COLLEAGUE. I'LL BE IN SUPPORT. UM, AND JUST WANTED TO POINT OUT THAT WITH THE SIZE OF THE LOT, WHICH IS 0.26 OF AN ACRE, UM, DIVIDED BY THREE, THAT BRINGS THEM TO 37 75, UH, SQUARE FEET PER LOT, WHICH IS AGAIN, AS YOU POINTED OUT, ABOUT 250 FEET AS, UH, SHY OF AN RM FOUR LOT ANYWAY. SO THE THREE UNITS, UH, ON THAT SIZE LOT SEEM APPROPRIATE. THANK YOU. ANY OTHER COMMISSIONERS YOU'D LIKE TO ADD? ALL RIGHT, UH, LET'S HAVE ROLL CALL. VOTE PLEASE. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACTS. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN, I DO NOT CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER VASQUEZ DOES NOT CONCUR. CHAIR ORIAN. I CONCUR WITH THE FINDINGS OF FACT. UH, IT LOOKS LIKE WE'RE EIGHT TO THREE. DID I HEAR THAT CORRECTLY? OKAY, SO MOTION, UH, FAILS. UH, APOLOGIZE. WE DO NEED NINE VOTES FOR SOMETHING TO PASS. SO IF YOU HAVE ANY QUESTIONS YOU CAN, YOU KNOW, GET WITH STAFF MANNA. OKAY, COMMISSIONER MANNA. SO, UM, SO WITH REGARDS TO NUMBER THREE, SO, UM, SO, UM, THAT, I GUESS I WOULD BE OKAY WITH, YOU KNOW, IF WE WERE TO STRIKE NUMBER ONE AND JUST DO NUMBER THREE, THAT WOULD GIVE THEM SOME OPTIONS, YOU KNOW, TO WORK MORE ON THE PROPERTY? I THINK SO. SO I I WOULD BE OKAY IF IT WAS THAT WE JUST STRUCK NUMBER ONE. UM, IF THAT MAKES A DIFFERENCE, IF THE MOTION WAS ALREADY READ AND FAILED, RIGHT? I KNOW, BUT I, I COULD MAKE A, UM, YOU WOULD HAVE TO MAKE A MOTION TO RECONSIDER. I'VE ALREADY READ THE RESULTS. RIGHT. MOTION TO RECONSIDER. OKAY. MOTION RECONSIDERS OR SECOND? SECOND. SECOND BY COMMISSIONER BARRINGTON. ALL IN FAVOR SAY AYE. AYE. ANY OPPOSED? AYE. OPPOSED? SO WE HAVE ONE OPPOSITION. UH, SO WE'RE GONNA RECONSIDER. SO WOULD YOU LIKE TO REREAD JUST WITH STRIKING ITEM NUMBER, UH, ONE FROM THE MOTION? YES. AND SO DO I NEED TO REREAD THE WHOLE THING? I WOULDN'T THINK SO. OKAY. SO COMMISSIONER, SO WHAT DOES STRIKING NUMBER ONE, WHAT, WHAT EXACTLY DOES THAT DO TO THE, WHAT THEY'RE REQUESTING? SO, WELL, SO THIS IS BEFORE US NOW WE WE'RE STARTING FROM SCRATCH. BASICALLY, UH, COMMISSIONER ARMANA HAD, WOULD, WOULD LIKE TO REREAD WITH IT ONLY BEING A VARIANCE FROM HAVING THE FRONT ENTRY ORIENTATION TO THE PRIMARY STREET. UH, [02:05:01] THE THING IS, IS THAT IF YOU HAVE THREE DIFFERENT UNITS AND THEY'RE ALL TIED TOGETHER, ONLY ONE TECHNICALLY HAS TO HAVE THEIR ENTRY FROM THE STREET IF THEY'RE TOGETHER. IS THAT CORRECT? SO IF YOU DON'T HAVE THE SEPARATE STRUCTURE, UM, I'M SORRY. IF YOU DON'T HAVE THE SEPARATE STRUCTURES, UM, BECAUSE IT'S MULTIPLE UNITS, YOU STILL HAVE TO HAVE THE, UM, ENTRANCE AND THE FACING THE ROAD. SO THEY WOULD GIVE ADDITIONAL OPTIONS TO HAVE THE, UH, ENTRANCE TO THE SIDE IF THAT'S WHAT YOU WISH. OKAY. I MEAN YEAH, THAT'S FINE. I I, I I SEE WHAT YOU'RE GOING FOR. YEAH, I, I WAS JUST TRYING TO PROVIDE, YOU KNOW, YOU KNOW, IT'S ADDITIONAL OPPORTUNITIES FOR DEVELOPMENT ON THAT PROPERTY AND SO I THINK THAT WOULD OPEN UP A LITTLE BIT MORE. AND SINCE WE'RE RECONSIDERING THIS, IS THERE ANY OTHER COMMENTARY FROM ANY OTHER COMMISSIONER, UM, THAT THEY, THAT THEY WOULD LIKE TO, UM, WHILE WE HAVE IT OPEN BEFORE WE MOVE ON? COMMISSIONER VASQUEZ OR COMMISSIONER DEAN VA. MOTION TO MOVE FORWARD? OKAY. NO, VASQUEZ VOTED AGAINST. YEAH, SO, ALRIGHT, SO WE HAVE A MOTION ON THE TABLE FROM COMMISSIONER MANNA, UH, FOR WHAT WAS READ PREVIOUSLY, BUT FOR ONLY DEALING WITH THE FRONT ENTRY ORIENTATION. IS THERE A SECOND FOR THAT? SECOND. ALL RIGHT. SECOND BY COMMISSIONER ZUNA. UH, LET'S HAVE ROLL CALL VOTE. COMMISSIONER MENNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER UNA. I CONCUR. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER BANEZ, I'M STILL CONFUSED ABOUT WHAT'S HAPPENING WITH THIS. SO, SO WHAT HAPPENED WAS, IS THE, THE ORIGINAL MOTION WAS FOR, UH, NOT REQUIRING THE FRONT ENTRY DOOR TO BE ON THE ADDRESSED STREET. UH, AND IT WAS FOR HAVING THREE SEPARATE UNITS AND IT FAILED. UH, ONE OF THE, ONE OF THE PERSONS, UH, COMMISSIONERS WHO VOTED, UH, AGAINST IT, UM, MO MADE A MOTION TO RECONSIDER, WHICH PASSED. SO NOW WE'RE STARTING COMPLETELY OVER. YOU DO ANYTHING WE WANT. UM, AND COMMISSIONER MANNA MADE A MOTION TO, UH, DEALING WITH ITEM NUMBER, UH, THREE ON THE REQUEST. HE ONLY WANTS A MOTION FOR ITEM NUMBER THREE ABOUT WHERE THE FRONT DOOR IS IN RELATION TO THE ADDRESS STREET. AND SO THAT IF THIS PASSES, AND WHAT THEY'LL BE ABLE TO DO IS HAVE, UH, THE ENTRY DOOR ON EITHER DELMAR OR ON, UH, ST. ANTHONY. AND WOULD THAT INHIBIT THEIR NUMBER OF BUILT NO, THEY COULD STRUCTURES, THEY COULD DO FOUR STRUCTURES UNDER ONE ROOF OR THREE STRUCTURES UNDER, BUT THEY CAN'T HAVE SEPARATE STRUCTURES OR UNITS. UNITS, EXCUSE ME. OR UNITS UNDER ONE ROOF OR UNIT, I'M SORRY. STRUCTURES. UNITS UNDER ONE ROOF. UM, OKAY. OR THE APPLICANT COULD TRY TO REPLANT IT AS THREE LOTS AND COME BACK TO US FOR, FOR, FOR A LOT SIZE VARIANCE. THEY COULD DO THAT TOO. PLEASE DON'T DO, DO ONE ONE THERE. ONE TO DO ONE BUILDING WITH THREE UNITS. IF THEY REALLY WANTED SEPARATE UNITS. THE ONLY WAY TO ACCOMPLISH THIS AFTER TODAY WOULD BE TO WHEN YOU'RE DOING YOUR PLAT, TO PLAT IT AS THREE LOTS AND COME BACK TO US FOR A LOT SIZE VARIANCE, JUST SO YOU KNOW. ALRIGHT. SO WAS, WAS THERE A SECOND TO THAT MOTION? COMMISSIONER ZUNA SECONDED IT. UH, WE WERE ON A ROLL CALL VOTE. SO COMMISSIONER EEZ? UH, I CONCUR. OKAY. COMMISSIONER DEAN. I DO NOT CONCUR. COMMISSIONER CRUZ? I WILL NOT CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER BREGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER VASQUEZ? I DO NOT CONCUR. SO, THREE WHAT? CHAIR? ORIAN. I CONCUR WITH THE FINES OF FACT. AND THAT MOTION FAILS. EIGHT TO EIGHT TO THREE . HE DID. SO, UM, IF YOU HAVE ANY QUESTIONS YOU GET WITH STAFF , UM, I DON'T KNOW ACTUALLY. YOU MIGHT HAVE SOME QUESTIONS, BUT WE TRY LIKE, I DON'T KNOW. I DON'T KNOW WHEN IT'S MY NEXT STEPS RIGHT NOW, BUT WE'RE GONNA GIVE YOU SOME MORE OPTIONS. YEAH, THEY'LL, THEY'LL TALK TO YOU ABOUT THAT OUTSIDE. OKAY. ALRIGHT. IT IS THREE 11. WE'RE GONNA HAVE OURSELVES A LITTLE BREAK. SEE EVERYONE BACK IN ABOUT FIVE TO SEVEN MINUTES. REAL QUICK. IS THE APPLICANT'S FOR 30 22 EL PASO PRESENT? ALL RIGHT, WE'RE BACK IN SESSION 3:23 PM WE ARE ON ITEM NUMBER 7 1 0 4 2 2. [02:10:01] CEDAR VILLAGE. YES. THANK YOU. BOA 24 1 0 3 0 0 2 2 7. ADDRESS, 1 0 4 2 2 CEDAR VILLAGE COUNCIL DISTRICT FOUR APPLICANT BENJAMIN FROSTO, UH, REQUEST A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW CARPORT TO BE ONE INCH FROM THE SIDE PROPERTY LINE. AND THEN TWO, A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM FRONT SETBACK REQUIREMENT TO ALLOW CARPORT TO BE ONE INCH FROM THE FRONT PROPERTY LINE AS WELL. ZONING IS R SIX. SUBJECT PROPERTY IS LOCATED SOUTH OF PETRANKO ROAD, JUST EAST OF LOOP 1604. A CARPORT WAS CONSTRUCTED WITHOUT A PERMIT AND WITHIN THE FRONT AND SIDE SETBACK CODE COMPLIANCE, UM, STARTED AN INVESTIGATION ON THE CARPORT, WHICH INITIATED THE VARIANCE PROCESS. THE CARPORT HAS ENOUGH WIDTH TO FIT THREE VEHICLES. THERE IS AN ESTIMATED 20 FEET FROM THE DWELLING TO THE FRONT PROPERTY LINE. NO OTHER CARPORTS WERE OBSERVED IN THE AREA. AND, UM, THIS IS THEIR DRAWN, UH, SITE PLAN. AND THEN ALSO IT ON ONE, UH, SUBJECT PROPERTY, UH, THE OVERHANG AND THEN THE SIDE VIEW, WHICH YOU CAN TELL, LIKE RIGHT DOWN THE SIDE IS ABOUT ONE INCH FROM THE SIDE. AND THEN THE SURROUNDING AREA, MOSTLY GARAGES. STAFF RECOMMENDATION FOR THE FRONT AND SIDE SETBACK VARIANCES, STAFF RECOMMENDS DENIAL AND BOA 24 1 0 3 0 0 2 2 7 BASED ON THE FOLLOWING FINDINGS OF FACT, INSUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF. FIRE SAFETY AND MAINTENANCE OF THE STRUCTURE TO THE REQUESTED VARIANCE WILL ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. MAILED OUT 42 NOTICES RECEIVED THREE IN FAVOR, ZERO IN OPPOSITION. AND THERE'S NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET. AND THEN THIS WAS ONE OF THE ONES RECEIVED, AND THEN ADDITIONAL ONE RECEIVED. THIS CONCLUDES STAFF PRESENTATION. APPLICANT IS AVAILABLE, YOUR HONOR. ALL RIGHT. YES. YEAH. OKAY. SO HAVE THE APPLICANT COME FORWARD? NO, YOU'RE GOOD. YOU'RE GOOD. GOOD AFTERNOON. ALL RIGHT. PLEASE STATE YOUR NAME AND NAME. BENJAMIN L FOR LUNA. ROAL. OKAY. UM, BUT I GO BY BEN. I'M RETIRED AIR FIRST. NOT THAT IT MATTERS, BUT, UH, BUT, BUT BEFORE I START FIRST LEMME JUST SAY WHATEVER. ONLY EVEN GET MY READING GLASSES. I CAN WITHOUT MY READING GLASSES. DON'T YOU SEE ON ONE EYE WHAT I I CAN LEGALLY DRIVE. I HAD A STROKE IN 2008. I LOST THE TOTAL SIGHT OF THIS. I JUST WANTED TO ADD WHAT I, WHAT I, WHAT I SUBMITTED FOR MY, MYSELF WHEN I, WHEN I SENT THE CENSUS, AND IT WAS VERY BRIEF. AND I JUST WANNA SAY THAT I FULLY SUPPORT YOUR REQUESTS AND APPRECIATE THE PROFESSIONALISM OF ALL THOSE WHO, UH, ASSISTED ME SO FAR. I'M SORRY. ASSISTED ME SO FAR. UM, 'CAUSE WHAT HAPPENED IS THE CARPORT WAS BUILT WHEN MR. ISRAEL HAPPENED TO DRIVE BY OR 'CAUSE HE WAS VISITING AND IT WAS ON A SUNDAY TOO. SO HE WAS DOING SOMETHING ELSE AND HE SAW IT. OR MAYBE SOMEBODY COMPLAINED THAT, OR YOU DON'T KNOW. UM, AND, UM, WHAT I WAS GONNA SAY, YEAH, I BROUGHT THIS FOR A REASON TO, TO REMIND ME. 'CAUSE I HAVE MY MEMORY'S GOING. THIS IS THE, UH, THE, THE CONTRACT THAT MR. RA GAVE ME. OKAY? I, I WAS VERY LATE IN DOING SOME THINGS IN, IN MY, IN MY LIFE BECAUSE ALL THE TIME I WAS IN THE AIR FORCE, I COULD NEVER BUY PROPERTY. 'CAUSE I WAS ALWAYS MOVING. SO I BOUGHT MY FIRST HOUSE AT THE AGE OF 47 IN 1990, WHICH MEANS I'D BE 82 IN APRIL, GOD WILLING. UM, SO WHEN I HAD A $24,000 CARPORT BUILT, AND IT WAS A, FROM SOMEBODY THAT WAS BUILDING IT, IT WAS OUR [02:15:01] ADVERTISING ON TV, ALL ALWAYS LOUISIANA COMPANY. I, I SAID TO THEM, WHAT ABOUT THE PERMITS? OH, WE'LL TAKE CARE OF THAT. SO I, I ACTUALLY THOUGHT THAT WHEN MR. ALUA GAVE ME THIS, THAT HE HAD TAKEN CARE OF IT. SO ALL I'M SUGGESTING IN THE FUTURE, IF YOU WANT, REALLY STOP THIS FROM OCCURRING, HAVE THE PEOPLE WHO DO THE, THE, THE CONSTRUCTION, PUT IT ON YOUR PER PERMIT FEE. AND HE, HE OR SHE CAN THEN SAY, I, I, I NEED FOR YOU TO PAY IT OR I'LL ADD IT TO, TO, TO YOUR BILL. THAT'S ALL I'M SUGGESTING. THAT I, IT'LL KEEP THIS FROM HAPPENING. 'CAUSE I DID IT OUT OF IGNORANCE WHEN I BUILT MY FOUR 24,000 CONCRETE. I KNOW I DID NOT IT BEFORE ME. AND THAT WAS ABOUT 20 YEARS AGO. MY, MY METAL ROOF. AND, AND THEN WHEN I ASKED, WELL, CAN YOU SEE IF A PERMIT WAS EVER REQUESTED? IT WAS, WELL, WE DON'T HAVE, WE DON'T GO BACK THAT FAR. OKAY. SO DID I FIND THAT THAT WASN'T A COMPLAINT? THAT'S JUST SOMETHING TO KEEP IT FROM HAPPENING AGAIN. NEVER SHOULD HAVE HAPPENED TO ME. SO, UM, WELL, I GUESS THAT'S IT. I MEAN, ALL I CAN SAY IS THE NEIGHBOR WHO, WHO LIVES TO MY RIGHT, HE, HE'S THE ONE WHO SAID HE TREATS ME LIKE I'M HIS FATHER. HE'S THE ONLY ONE WHO WHO WHO WOULD HAVE ANY REASON TO COMPLAIN. BUT I STILL WILLING TO DO WHATEVER I HAVE TO DO, BUT IT WOULD COST ME A LOT OF MONEY TO TAKE IT APART. SO LET ME ASK YOU A COUPLE QUESTIONS. YES, SIR. UH, THIS CARDBOARD, DOES IT SLIGHTLY DRAIN TOWARDS THE FRONT? I NOTICED THE METAL. YES. IT'S, IT'S, IT'S, IT'S, IT'S, IT'S, YES, IT'S, IT'S A AND UM, AND, AND IT'S ALL METAL. I LIKE METAL . OH, IT LOOKS VERY NICE. UH, AND, AND NOW YOU'RE ONE INCH AWAY FROM THE PROPERTY LINE, BUT YOU'RE STILL, YOU, YOU, YOU ARE STILL A GOOD FIVE TO SEVEN FEET AWAY FROM THE BACK OF THE SIDEWALK. IS THAT CORRECT? THE, I DON'T UNDERSTAND. WELL, OKAY. THE SIDE, NO. OH YEAH, THE SIDEWALK IS RIGHT THERE. SEE, THERE'S A PICTURE. I WAS, WELL, I'M MORE, I'M, I WOULD SAY I'M MORE THAN I, I'M GUESSING THAT THERE, IT'S AT LEAST 30 FEET FROM THE SIDEWALK TO, TO WHERE THAT METAL BEAM IS. WELL, IT'S NOT 30, BUT IS IT, IS IT LESS OR IT MIGHT BE MORE? WELL, YOUR, YOUR VARIANCE IS, IS TO BE ONE INCH AWAY FROM YOUR PROPERTY LINE IN THE FRONT. AND SO, AND, AND USUALLY ON THESE STREETS, ON A 50 FOOT WIDE STREET, YOU WOULD HAVE THAT FOUR FOOT SIDEWALK. AND THEN YOU, YOU GO BACK SIX FEET AND THEN THERE'S YOUR PROPERTY LINE. OH, I THOUGHT IT WAS THE SIDEWALK ITSELF, YOU KNOW, THE RIGHT OF THE SIDEWALK, THE WALKING SIDEWALK? YES. ISN'T THAT, ISN'T THAT THE, THE, THE LINE RIGHT THERE? YEAH. SO THE VERY BACK OF THE SIDEWALK TO WHERE THE, THE OUTSIDE EDGE OF YOUR CARPORT IS, IS ABOUT SIX FEET. OKAY. OKAY. SO IS THAT, IS THAT OKAY? WELL, I JUST, ONE OF MY, ONE OF MY PERSONAL CONCERNS IS THAT WHEN PEOPLE ARE WALKING DOWN THE SIDEWALK, THEY DON'T, YOU KNOW, THEY'RE NOT JUST TOO CLOSE TO SOMETHING THAT YOU HAVE CONSTRUCTED IN YOUR FRONT YARD. OH, WELL, I DON'T THINK THAT'S TOO CLOSE. I MEAN, IT'S, IT'S NOT, IT DOESN'T LOOK LIKE CLOSE TO ME AT ALL. I JUST WANT TO VERIFY I I'M ONLY FIVE FIVE AND . I KNOW, THAT'S, I UNDERSTAND. I UNDERSTAND WHAT'S GOING ON WITH HIGH HEELS, , IS THERE ANY OTHER QUESTIONS FROM THE COMMISSION? ANYWAY, SO THAT'S ALL. THAT'S ALL, THAT'S ALL I GOT TO SAY. WHATEVER HAS TO BE DONE, WE WILL GET IT DONE. OKAY. UH, THERE'S, IS THERE ANY VOICEMAILS OR ANYONE SIGNED UP TO SPEAK MR. CHAIR? YES. COMMISSIONER CRUZ? UH, YES. HALF OF THE STUFF HE, HE WAS, UH, ANSWERING FOR YOU I COULD NOT UNDERSTAND BECAUSE WE'RE HAVING A, I'M HAVING A LOT OF, UH OH, OKAY. WELL I HAD ASKED HIM BETWEEN ISSUES. SO ALL I HEARD WAS A LOT OF VIBRATIONS. SO I DO WANNA MAKE SURE THAT YEAH, I, I JUST, I WAS JUST TRYING TO CORRECTLY OF WHAT HE'S REQUESTING. YEAH, I WAS TRYING TO VERIFY THE PROXIMITY OF THE, OF THE OUTSIDE EDGE OF HIS CARPORT TO THE, TO THE PEDESTRIAN SIDEWALK. UM, AND, AND HIS SIDEWALK IS ABUTTING THE STREET. HE'S GOT AT LEAST SIX FEET BETWEEN THE BACK OF THE SIDEWALK TO THE OUTSIDE EDGE OF HIS CARPORT. AND THAT'S WHAT WE WERE TALKING ABOUT. OKAY. THANK YOU. YOU'RE WELCOME. MAY I, AND THERE'S NO PUBLIC INPUT, NO PUBLIC INPUT. SO IF THERE'S ANY OTHER QUESTION, COMMISSIONER MANNA. SO, UM, I DO HAVE A QUESTION REGARDING, UM, PREVIOUS COVER IN THE FRONT YARD. AND SO IT DOES LOOK LIKE, UM, THE STRUCTURE, THE STRUCTURE IS A SIGNIFICANT PORTION OF THE FRONT OF THE HOUSE AND IT SEEMS LIKE IT'S ALL PAVED. AND THEN WE HAVE THE SECOND HALF, WHICH MAY BE OPEN. BUT, UM, SO, SO DO WE HAVE TO BE CONCERNED WITH REGARDS TO IMPERVIOUS COVER? WE REVIEWED FOR IMPERVIOUS COVER, AS I RECALL, AND WE, IT, THEY MET THE REQUIREMENT. I THINK THE, THE CONCERN THAT'S BEING RAISED IS THAT HIS CARPORT IS 30 FEET WIDE AND, UH, [02:20:01] THE MINIMUM WIDTH ON AN R SIX LOT IS, IS 50 FEET. AND SO IF IS, IS IT MORE THAN 50? YOU KNOW, IF IT'S MORE THAN 50 FEET WIDE, THEN THAT'S ONE THING. BUT IF IT'S 50 FEET WIDE, THEN IT MAY NOT BE. I THINK ALSO WHAT IT WAS, WAS THE HI HISTORICAL, THE AERIALS OF IT SHOWED THAT IT WAS PAVED ALREADY. OKAY. BUT I I, I DIDN'T KNOW IF IT INCLUDED THE RIGHT HALF OF THE DRIVEWAY, YOU KNOW, AND IF THAT HAD BEEN AN OPEN SKIRT VERSUS THE LEFT HALF, THE LEFT HALF IS FRONT YARD WHERE THE RIGHT HALF WOULD'VE BEEN THE ORIGINAL DRIVEWAY. AND SO I DON'T KNOW IF THAT GOT ADDED. AND THAT'S WHY I WAS ASKING, I GUESS MAY, MAY I ADD SOMETHING? YES, SIR. GO AHEAD. UH, THE CONCRETE HAS BEEN THAT WAY SINCE I MOVED IN, IN 1990. I, I MAY I EXPENDED THAT CONCRETE THAT WAY FROM, FROM THE, MAYBE, MAYBE 92 IS WHEN I DID IT. 'CAUSE I ALWAYS WANTED A LOT OF, I ALWAYS HAVE COMPANY VISITING ME AND I GOT, I GOT RID OF THE GARAGE. THE, THE SAME YEAR THAT I, THAT I BOUGHT THE HOUSE. I NEVER WANTED A GARAGE. AND I DON'T NEED A GARAGE. WHERE, WHERE I GREW UP IN WISCONSIN, I NEEDED A GARAGE. I DON'T NEED ONE DOWN HERE. AND I NEED SHADE. OKAY. I NEED MY, IS ARTIFICIAL GRASS ON THE LEFT? OH, I, I NOTICE THAT WE JUST, IT'S VERY COMMON FOR THE COMMISSION TO MAKE SURE THAT YOU DIDN'T, YOU DIDN'T NEED ANY OTHER VARIANCES WHILE WE'RE HERE. THAT'S ALL. OKAY. IF STAFF IS, UH, NOT RAISING ANY ISSUE, THAT'S OKAY WITH, WITH WITH ME PERSONALLY. OKAY. ANY OTHER QUESTIONS? HEARING NONE. I'M LOOKING FOR A MOTION. MANNA COMMISSIONER MANNA REGARDING CASE NUMBER BO A 2 4 1 0 3 0 2 2 7. I MOVED THAT THE BOARD ADJUSTMENT GRANT A REQUEST FOR ONE A FOUR FOOT IN FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE ONE INCH FROM THE SIDE PROPERTY LINE AND TWO AND NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM FRONT SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE ONE INCH FROM THE FRONT PROPERTY LINE SITUATED AT 1 0 4 2 2 CEDAR VILLAGE. APPLICANT BEING BENJAMIN UHTO. UH, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE, UH, PHYSICAL CHARACTERS PROPERTY SUCH A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THE SIDE AND FRONT SETBACK VARIANCES ARE NOT CONTRARY TO THE PUBLIC INTEREST, AS SUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE SAFETY CONCERNS AND MAINTENANCE. TWO, DUE TO SPECIAL CONDITIONS, A LIBERAL ENFORCEMENT THAT THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP, THE INABILITY TO CONSTRUCT A CARPORT DOES ESTABLISH AN UNNECESSARY HARDSHIP AS A LOT WAS DEVELOPED WITH LIMITED AREA IN THE FRONT YARD. THREE, BY GRANTING THE VARIANCE TO SPARE, 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 FIRE SAFETY CONCERNS AS WELL AS THE MAINTENANCE OF THE STRUCTURE FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE. AND THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH IS VARIANCES LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. STAFF FINDS THE VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTY AS SUFFICIENT SPACE WILL REMAIN FOR MAINTENANCE OF THE ADDITION AND FOR WATER RUNOFF. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES. WERE NOT NEARLY CR WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND NOT MERELY FINANCIAL AND NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN DISTRICT, WHICH IS PROPERTIES LOCATED. STAFF FINDS THE UNIQUE CONDITION, THE UNIQUE CIRCUMSTANCES EXISTING ON THIS PROPERTY. FOR THE SIDE FRONT SETBACK VARIANCES IS EXISTING HOMES POSITION RELATIVE TO THE LOTS, SETBACKS AND LACK OF A GARAGE COMPARED TO OTHER HOMES AND NEIGHBORHOOD. END OF MOTION. SECOND. SECOND BY COMMISSIONER BRAGMAN. COMMISSIONER MANNA. SO I'LL BE VOTING IN FAVOR OF THIS. UM, I DID, UH, GOOGLE DRIVE THROUGH OTHER PARTS OF THE NEIGHBORHOOD AND THERE ARE OTHER, UM, UH, HOMES WITH CARPORTS THAT, UM, DO FIT A SIMILAR CHARACTERISTIC WITH REGARDS TO THE FRONT SETBACK. AND UM, I THINK I SAW TWO WITH A SIDE SETBACK. SO IT DOESN'T LOOK NECESSARILY LIKE IT'S OUT OF CHARACTER. UM, ALSO BECAUSE OF THE CONSTRUCTION OF THE CARPORT, IT LOOKS LIKE A REALLY GOOD ONE. UM, WHICH THERE WON'T BE, UM, ANY CHALLENGES WITH THE REGARDS TO FIRE SPREAD AND, UM, AND BEING THAT YOU HAVE YOUR NEIGHBORS, UM, YOU KNOW, IN AGREEMENT, UM, YOU KNOW, I'LL BE VOTING IN FAVOR. ALRIGHT, COMMISSIONER BRAGMAN, I CONCUR WITH MY COLLEAGUE. I'LL BE IN SUPPORT AS WELL. ALRIGHT, ANYONE ELSE LIKE TO ADD HEARING NONE. HAVE [02:25:01] A ROLL CALL, VOTE PLEASE. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? NO, I DO NOT CONCUR. COMMISSIONER IEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ. MR. BUR CHAIR OR, AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 10 TO ONE. UH, SIR, CONGRATULATIONS. UH, IF YOU HAPPEN TO HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. OKAY. THANK YOU VERY MUCH. YOU'RE WELCOME. APPRECIATE, UH, REAL QUICK, UM, COMMISSIONER STEVENS. CAN YOU HEAR US? YES, SIR. OKAY. WHO IS HE REPLACING? UH, COMMISSIONER GOLDMAN STEP. OH, OKAY. SO IT'S 3 39. COMMISSIONER GOMEZ IS, UH, LEAVING THE MEETING AND COMMISSIONER STEVENS IS ENTERING. ALL RIGHT. ITEM NUMBER EIGHT I, ITEM NUMBER EIGHT, BO OA DASH 24 DASH 0 3 0 2 3 4. ADDRESS, 2 57 EAST BAYLOR STREET COUNCIL, DISTRICT FIVE APPLICANT, ROR REALTY. UM, REQUEST FOR A HALF STORY VARIANCE FROM THE MAXIMUM TWO AND A HALF STORIES TO ALLOW FOR DEVELOPMENT OF A THREE STORY RESIDENTIAL STRUCTURE. ZONING IS R FOUR. SUBJECT PROPERTY IS LOCATED SOUTH OF DOWNTOWN AREA NEAR THE INTERSECTION OF I 10 AND PROBAND STREET LOT IS CURRENTLY A VACANT LOT, WHICH HAS A PROPOSED DEVELOPMENT. UH, PROPOSED DEVELOPMENT WILL HAVE THREE STORIES. THE ZONING DISTRICT, UH, RESTRICTS DEVELOPMENT TO TWO AND A HALF STORIES PERMIT IS PENDING THE BOARD OF ADJUSTMENT, THE SITE PLAN, AND THIS IS A CLOSER VIEW OF THE SITE PLAN. HISTORICAL VIEW FROM 2007. AND THIS IS FROM EAST BAYLOR STREET. BAYLOR STREET FRONT VIEW. THIS IT BE FROM GRAND JEAN STREET AND THE CORNER AREA OF THAT LOT. THIS WOULD BE THE, UH, VACANT LOT AT THE REAR OF THIS PROPERTY, WHICH IS IDZ AND SURROUNDING AREA. AND THIS WOULD BE, UH, RESIDENTIAL DEVELOPMENT HAPPENING IN THIS AREA. STAFF RECOMMENDATION FOR THE HALF STORY VARIANCE, STAFF RECOMMENDS DENIAL AND BO OA DASH 24 DASH 0 3 23 4 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE HALF STORY REGULATION WOULD NOT RESULT, UH, IN UNNECESSARY HARDSHIP AS THE APPLICANT COULD ALTER THE FLOOR PLAN TO FOLLOW THE ORDINANCE. AND TWO, THE REQUEST VARIANCES WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. STAFF MAILED 40 NOTICES. ZERO IN FAVOR, ONE IN OPPOSITION. AND THERE WAS NO RESPONSE FROM THE LONE STAR NEIGHBORHOOD ASSOCIATION. THIS IS THE ONE IN OPPOSITION. THIS CONCLUDES STAFF'S PRESENTATION. APPLICANT IS AVAILABLE. OKAY, SO BEFORE WE MOVE FORWARD WITH THIS, I HAVE SOME CLARIFICATION QUESTIONS, OR AT LEAST ONE BIG QUESTION FOR STAFF. SO THIS IS A, AS A HALF STORY, HALF STORIES OF CERTAIN, UH, SPATIAL LAYOUTS, CERTAIN SIZE LAYOUTS IN COMPARISON TO THE REST, BUT IT ALSO DOESN'T ALLOW OPEN PORCHES. IS THIS A HALF STORY VIOLATION BECAUSE OF THE OPEN PORCH OR IS IT, ARE THERE SIZE OF THE ACTUAL OCCUPIABLE SPACE THAT ARE VIOLATING THE DEFINITION? UM, IT'LL, UM, BECAUSE THE PLACEMENT OF THE THIRD STORY, IT DOESN'T HAVE THE, UM, THE DIFFERENTIALS ON THE SIDE. I FORGET THE CALCULATION. IT, I THINK IT'S 20% [02:30:01] OFF TO THE LEFT AND RIGHT SIDE. UM, THAT'S ONE OF IT. YEAH, THEY DO HAVE AN OPEN PORCH, WHICH, UM, IS CALCULATED A LITTLE BIT DIFFERENTLY, BUT JUST THE WAY THEY HAVE IT SET UP, THE LIVING AREA, THE LIVABLE SPACE IN THAT FRONT, THAT'S WHY THEY HAD THE, AND, AND BECAUSE WHAT'S BEFORE US IS A PROVISION OF A THIRD STORY. IT'S, OR IT'S, IT'S, IS IT POSSIBLE FOR AN APPLICANT TO REQUEST, UH, A VARIANCE TO THE, FOR THE PROVISION OF AN OPEN PORCH ON THAT THIRD LEVEL AND NOT GET INTO THE 20% REDUCTION OR OFFSETS OR SPACE OR WHATEVER. IS IT POSSIBLE FOR US TO ENTERTAIN SUCH A VARIANCE AND, AND I'M ONLY BRINGING THIS UP BECAUSE THESE ARE SOME PRETTY DETAILED PLANS. UM, YOU KNOW, WE MIGHT HAVE SOME COMMISSIONERS WHO MAY NOT BE OPPOSED TO HAVING OCCUPIABLE SPACE UP THERE, BUT THEY MAY NOT LIKE THE OPEN PORCH COMPONENT OF IT. OR MAYBE THEY DON'T. OR, OR MAYBE THERE'S AN ISSUE WITH IT NOT MEETING THE 20% AND THE OPEN PORCH. I'M JUST TRYING TO FIGURE OUT WHERE, WHAT WE CAN DO WHEN A MOTION IS READ BASED ON WHAT'S BEFORE US. YEAH, BECAUSE THE LANGUAGE IS ON NOTE 14 ABOUT PORCHES. SO YEAH, YOU CAN, UM, YOU CAN MAKE IT STRICTLY FOR PORCHES IF THAT'S, SO JUST PUTTING THAT OUT THERE. SO AS WE MOVE FORWARD, IF THERE'S COMMISSIONERS WHO, YOU KNOW, BECAUSE YOU CAN GO TWO AND A HALF STORIES, BUT LET'S SAY THAT THEY MEET THE, THEY, THEY MAKE AMENDMENTS TO THEIR PLAN TO MEET THE, THE OCCUPIABLE SPACE COMPONENT OF THE HALF STORY DEFINITION. AND WE WANT TO JUST LIMIT EITHER THE EXTERIOR PORCHES OR MAYBE YOU DON'T MIND THE EXTERIOR PORCHES. JUST KIND OF KEEP THAT IN MIND AS WE ASK QUESTIONS AND HEAR FROM THE APPLICANT, WHICH YOU MAY OR MAY NOT LIKE ABOUT THIS. LIKE I SAID, THEY HAVE TO, CAN COME FORWARD. ALRIGHT. PLEASE STATE YOUR NAME, TELL US ABOUT YOUR CASE, AND IF YOU HAD ANY QUESTIONS ABOUT MY LINE OF QUESTIONING AND WHAT MAYBE WE MIGHT NEED TO HEAR FROM YOU, JUST LET ME KNOW. THANK YOU. THANK YOU. GOOD AFTERNOON. MY NAME IS MARCUS BLEDSO. HELLO EVERYONE. UM, SO I AM REQUESTING THE, UH, HALF STORY VARIANCE FOR THE PROPERTY LOCATED AT 2 57 EAST BAYLOR. AND, UH, THE PROPOSED DESIGN, THE FIRST FLOOR HAS 640 SQUARE FEET. THE SECOND FLOOR IS 873 SQUARE FEET. THE THIRD FLOOR IS 133 SQUARE FEET OF CONDITION SPACE CONSISTING OF A HALF, UH, BATHROOM, A HALLWAY AND STAIRS ALONG WITH AN OPEN ROOFTOP DECK. THE, UH, ROOFTOP DECK FEATURES BOTH COVERED AND UNCOVERED AREAS DESIGNED FOR OUTDOOR LIVING, INCLUDING A REMOVABLE COOKING AREA AND A RESPITE AREA FOR RELAXATION AND WELLNESS ACTIVITIES. UH, LEMME SEE IF I CAN PUT THE DESIGN BACK UP. UM, REGARDING COMPLIANCE WITH INTENT OF THE ZONING REGULATIONS, THE THIRD FLOOR IS DESIGNED AS LOW IMPACT, UH, WITH MINIMAL CONDITION SPACE SERVING PRIMARILY AS ACCESS TO THE ROOFTOP DECK AND HALF BATHROOM. SO I APPRECIATE YOU ACTUALLY BRINGING THAT POTENTIAL MODIFICATION TO, TO LIGHT THE DECK SUPPORTS OUTDOOR LIVING ACTIVITIES LIKE RELAXATION, LOW IMPACT FITNESS, AND, UH, FOR SMALL GATHERINGS, ALIGNING WITH MODERN URBAN LIVING TRENDS WHILE PROMOTING MENTAL AND EMOTIONAL WELLBEING, WHICH IS, YOU KNOW, THE, UH, THOUGHT PROCESS BEHIND THE DESIGN. UM, REGARDING COMPATIBILITY WITH NEIGHBORHOOD CHARACTER, THE NEIGHBORHOOD, YOU KNOW, ALREADY HAS SEVERAL, THREE STORY, UH, DESIGNS. LET ME JUST SCROLL BACK UP TO THE, SO THAT YOU GUYS CAN SEE. UH, WITH RELATION TO THE SUBJECT PROPERTY, WHERE THESE OTHER, UH, SIMILAR THREE STORY HOMES WITH, UH, DESIGN FEATURES ARE LOCATED. ONE 15 DOWDY IS A THREE STORY PROPERTY WITH, UH, AN OPEN ROOFTOP DECK HERE. UM, YOU'VE GOT 26 15 FLORES STREET, WHICH IS A, UH, THREE STORY WITH A, UH, BALCONY ON THE THIRD FLOOR AS WELL. UM, YOU'VE GOT ONE 30 LA CHAPPELLE WITH A SIMILAR DESIGN. ONE 50, UH, THIS IS ACTUALLY THREE 10 CLAY STREET. THIS IS A, A TYPO HERE, BUT THEN YOU'VE GOT FOUR 30 CLAY STREET AS WELL. UH, THREE STORIES WITH A THIRD STORY BALCONY. UM, AND SO THE VERTICAL EXPANSION REDUCES THE BUILDING FOOTPRINT, PRESERVING GREEN SPACE AND CONTRIBUTING TO ENVIRONMENTAL SU SUSTAINABILITY. IT REDUCES CONSTRUCTION AND MAINTENANCE COSTS, UM, PROVIDING A MORE ECONOMICAL SOLUTION FOR THE PROPERTY OWNER. AND THE ROOFTOP DECK PROMOTES ENERGY EFFICIENT OUTDOOR LIVING, MINIMIZING RELIANCE ON INDOOR CONDITION SPACE. [02:35:01] UM, IN CONCLUSION, THE, THE DESIGN REPRESENTS A THOUGHTFUL AND MODERN APPROACH TO URBAN LIVING AND BALANCES SUSTAINABILITY FUNCTIONALITY AND COMPATIBILITY WITH THE NEIGHBORHOOD. IT PROMOTES HEALTH AND WELLBEING WHILE RESPECTING THE INTENT OF ZONING REGULATIONS. SO, ALRIGHT, UM, I ALSO NOTICED AT THE TOP DECK OF THAT THIRD LEVEL, I'M JUST GONNA CALL IT A THIRD LEVEL, IT'S 32 FEET, RIGHT? UH, IN HEIGHT IT'S AT YES. 32, 32 FEET, FIVE AND A HALF INCHES. OKAY. SO IT'S IN COMPLIANCE WITH THE MAXIMUM HEIGHT OF THE R FOUR ZONING, WHICH IS 35 FEET. OKAY. ALRIGHT. UM, ANY OTHER, ANY QUESTIONS FROM THE COMMISSION? MANNA COMMISSIONER, MAD? SO, UH, THE APPLICANT UH, SHOWED SOME OTHER PROPERTIES, UH, THAT WERE UM, I GUESS EARLIER VERSIONS OF THE THREE STORY DIALOGUE. DO WE KNOW WHEN THOSE WERE BUILT OR APPROVED? SO, UM, WAS IT PRIOR TO THE LAST UDC REWRITE WHERE WE REDEFINED WHAT A THREE STORY WAS? UM, I'M LOOKING AT THE FIRST ONE ON DOUBT ON, I FORGOT THE ADDRESS. DOWDY STREETS. UM, IT LOOKS LIKE THE THIRD STORY IS A PERGOLA, NOT A PATIO, UM, WHICH WAS, WHICH HAS KIND OF A DIFFERENT INTERPRETATION. UM, THAT'S THE ONLY ONE I WAS ABLE TO LOOK UP, UM, WHILE HE WAS GOING THROUGH IT. UM, SO IT LOOKS LIKE IN THAT CONFIGURATION, SINCE THERE'S NO ACTUAL STRUCTURE IN A THIRD STORY, IT LOOKS TO BE IN COMPLIANCE JUST WITH A PERGOLA. YEAH. SO I'M TRYING TO RECALL THAT DIALOGUE FROM THE UDC REWRITE AND SO, SO, YOU KNOW, SO MAYBE YOU CAN HELP REFRESH MY MEMORY. YEAH. YOU KNOW, 'CAUSE BECAUSE IT WAS A, SO PART OF THE DIALOGUE WAS WEDDING CAKE DESIGN, 20% PERIMETER, ALL THE WAY AROUND THE BUILDING ON THE TOP STORY TO BE, UM, YOU KNOW, FOR THE, UM, TO BE PART OF THAT DIALOGUE. THEY ALSO ADDED, UH, THAT RESTRICTION FROM HAVING OUTDOOR BALCONIES AND YES. AND PORCHES. AND SO THAT'S, THAT'S WHY I WANTED TO ASK IS, YOU KNOW, 'CAUSE WE SOMETIMES WE SEE THESE AND THEY'RE, THEY'RE KIND OF CRAMMED IN. THEY NEED THAT THIRD LEVEL JUST TO MAKE IT SOMETHING USABLE. BUT I LOOK AT THIS THING ON, ON THE LOT, THEY'VE GOT A SIZABLE LOT COMPARED TO THE PEOPLE AROUND THEM AND THEY'RE NOT EVEN ANYWHERE NEAR THEIR SETBACKS. AND, AND IT JUST, IF STAFF, YOU CAN BRING UP THEIR SITE PLAN, UM, THAT, THAT WAS, THAT WAS THE, UH, UPDATED SITE PLAN WITH THAT. IS THIS THE CURRENT ONE WITH THIS ONE HERE IS THE, THAT'S YOUR CURRENT ONE? CORRECT. OKAY. AND, AND AS I RECALL PART OF THE DIALOGUE WHEN THE UDC REWRITE WAS BASICALLY STARING AT, YOU KNOW, TALL WALLS, YOU KNOW, ON THE, THE ABUTTING PROPERTY AND THAT WAS PART OF THE DIALOGUE AND WHY THEY WANTED TO OFFSET THAT, YOU KNOW, SO THAT AS YOU LOOKED OUT VISUALLY ON THE NEIGHBORING PROPERTIES, YOU DIDN'T SEE A SOLID WALL, YOU KNOW, SOLID ALL THE WAY ACROSS THE PROPERTY. AND I KNOW THAT'S, YOU KNOW, ONE OF THE BIG CHANGES THAT WE HAD A LOT OF DIALOGUE ON, UH, WITH REGARDS TO THAT, UH, DURING THAT REWRITE. YEAH, I MEAN I, I, THAT'S WHY I WANTED TO BRING UP ALL THOSE POINTS. 'CAUSE I, I JUST WANTED TO MAKE SURE IF ANYBODY HAD ANY REAL CONCERNS, WHAT, WHAT ARE, WHAT WE COULD DO WITH A MOTION. UM, ME PERSONALLY, I LOOK AT THIS AND I SEE, UH, THE, THE, THEY'RE, THEY HAVE SO MUCH OPEN SPACE AROUND AND THEY'RE ON A CORNER. I, I DON'T KNOW, I MEAN I, THIS, THIS DOESN'T SEEM TO TO TO BOTHER ME PERSONALLY, BUT BRAGMAN COMMISSIONER BRAGMAN, UM, FOR THE APPLICANT, THE RENDERINGS THAT YOU SHOWED US OF THE OTHER PROPERTIES, ARE THOSE PROPERTIES THAT YOU WERE INVOLVED IN BUILDING OR DEFINING? I WAS, I WAS NOT. YOU WERE NOT? NO MA'AM. OKAY. BECAUSE THEY DON'T SEEM VERY CLOSE TO THIS PROPERTY. I MEAN, I, IF I'M COUNTING BLOCKS ON THAT MAP, IT'S QUITE A WAYS MM-HMM . MM-HMM . SO WHEN I LOOK AT THE INTEGRITY OF A NEIGHBORHOOD, I WOULD SAY MOST OF THESE WERE FAR OUTSIDE WHAT I WOULD CONSIDER THE NEIGHBORHOOD THAT THIS PROPERTY IS PROPOSING. I WANT TO SAY THE, THE LEGAL NEIGHBORHOOD SUBDIVISION. ALL OF THESE PROPERTIES ARE WITHIN THAT SAME, UM, LEGAL SUBDIVISION, CRUZ, COMMISSIONER CRUZ CRUZ. YES. COMMISSIONER CRUZ. YES. UM, I'M ASSUMING HE'S TALKING ABOUT THE NEIGHBORHOOD ASSOCIATION, THEY'RE ALWAYS IN LONE STAR AND YES, THEY ARE. THE THING IS THAT THERE IS THREE OR FOUR DIFFERENT BLOCKS OF THEM, UH, ALL SEPARATED. SO, BECAUSE I KNOW THERE'S SOME ON EAST WEST, WHICH IS OFF OF FLORES, BETWEEN FLORES AND PROBAND, THERE'S FOUR, FIVE OF 'EM THERE. AND THEN THERE'S SOME MORE ON THE OTHER STREET AND THEY'RE ALL EMPTY. THEY'VE BEEN BUILT, BUT THEY'RE STILL EMPTY. THEY HAVE NOT SOLD. SO I'M JUST TRYING TO FIGURE OUT OF WHAT THEY'RE PLANNING ON DOING WITH THIS NEW HOME. [02:40:02] THE INTENTION IS, IS TO, UH, CONSTRUCT THE HOME AND THEN PUT IT UP FOR SALE. OKAY. ANY OTHER QUESTIONS? IS THERE ANYONE SIGNED TO SPEAK ANY VOICEMAILS? NO PUBLIC COMMENT. ALRIGHT. IF THERE'S, UH, NO OTHER COMMISSIONER QUESTIONS, UM, ARE READY TO MOVE ON TO A MOTION, IS THERE ANYBODY WHO WOULD LIKE, LIKE TO MAKE A MOTION ON THIS CASE? AND I WILL SAY FOR, I'M JUST KIND OF DIGGING INTO THIS DOWNING ONE. UM, JUST TRYING TO COMPARE THEIR SITE PLAN, WHAT THAT WAS APPROVED TO, WHAT I'M SEEING BEING BUILT. THERE MAY BE SOME DISCREPANCIES THAT NEED TO BE ADDRESSED. IT'S JUST, I GUESS THAT'S SEPARATE ISSUES. OKAY. AND SO MY LAST QUESTION BEFORE MOTION IS, UM, ONE OF THE THINGS THAT'S MAKING ME FEEL COMFORTABLE ABOUT THIS IS THE SIZE OF THE BUILDING IN RELATION TO THE SIZE OF THE LOT AND, AND THE LARGE AMOUNT OF SETBACKS THAT ARE BEING OPPOSED BECAUSE THERE'S, ON THE HALF STORY IS, CAN, CAN WE REFERENCE THE SQUARE FOOTAGE THE APPLICANT BROUGHT UP AS PART OF THE MOTION ON THIS? SINCE THE HALF STORY DOES INCLUDE PERCENTAGES AND ALL THAT GOOD STUFF. WHAT DO Y'ALL THINK? SORRY, IT'S CLEAR YOU REPEAT THE QUESTION. WELL, SO THE APPLICANT HAD MENTIONED, UH, SQUARE FOOTAGE OF EACH FLOOR AND HE MENTIONED THAT THE AIR CONDITIONED SPACE OF THIS UPPER THIRD LEVEL IS 130 SQUARE FEET. AND THEN THERE'S, UH, OPEN PORCHES. CAN THAT BE REFERENCED AND MADE A PART OF OUR MOTION? BECAUSE ONE THING THAT MAKES US, UM, SELLABLE TO ME PERSONALLY IS THE FACT THAT HE IS, HE'S NOT GOING WALL TO WALL WITH THIS STRUCTURE. HE'S GOT A LOT OF OPEN SPACE ON THE LOT AND THAT KIND OF GIVES ME A LITTLE MORE, UM, GOOD FEELINGS ABOUT IT. AND DEAN? DEAN? YES SIR. Y'ALL, YOU'VE USED THAT BEFORE SO YOU CAN USE IT. OKAY. YOU CAN SAY SAY IN AS FOR THE SITE PLAN. RIGHT. SO YOU, THESE ARE THE GOOD NUMBERS UNDER 30 SQUARE FOOT OF AIR CONDITIONED SPACE WITH OPEN PORCHES ABOVE AN 870 SQUARE FOOT SECOND LEVEL. THAT IS CORRECT. OKAY. COMMISSIONER DEAN, THERE'S AN ELEVATOR IN THERE. NO, SIR. . OKAY. WELL THAT'S A GOOD IDEA THOUGH. DO YOU NEED TO ADD SOME SQUARE FOOTAGE FOR AN ELEVATOR, UH, CHAMBER? ? I'M SURE THAT WILL PROBABLY BLOW UP THE BUDGET, BUT THAT'S A GOOD IDEA. OKAY. WELL, UM, IF SOMEONE WOULD LIKE TO MAKE A MOTION, UH, THAT'D BE WONDERFUL. OR I CAN DO IT. IT DOESN'T MATTER. O ZUNA COMMISSIONER ZUNA, REGARDING CASE NUMBER BO 8 24 DASH 1 0 3 0 0 2 3 4. I MOVE THAT THE BOARD OF ADJUSTMENTS GRANTED REQUEST FOR A HALF STORY VARIANCE FROM THE MAXIMUM 2.5 STORIES, UM, AS SUBMITTED BY THE APPLICANT ON THE SITE PLAN, LIMITED TO 130 SQUARE FEET OF OPEN SPACE ON THE THIRD FLOOR. RIGHT? UH, I WOULD SAY 130 SQUARE FOOT OF AIR CONDITIONED SPACE ABOVE A HUNDRED, UH, 870 SQUARE FOOT. SECOND LEVEL. RIGHT. OKAY. 130, UH, SQUARE FOOT OF AIR CONDITIONED SPACE ABOVE THE 870 SQUARE FEET OF SECOND STORY. WHICH, UM, WHICH, UM, TO INCLUDE OPEN PORCHES. YEP. WHAT'S THAT? TO INCLUDE? OPEN PORCH? YEAH. TO INCLUDE OPEN PORCHES. IT IT IS ACTUALLY ROUGHLY 133 SQUARE FEET ON THE PLAN. SO 1 30, 1 41 40 WOULD BE, YEAH. ONE 40. PERFECT. AND AS, AS PER THE SITE PLAN THAT THE APPLICANT'S, UH, SUBMITTED, THANK YOU, UM, FOR DEVELOPMENT OF A THREE STORY RESIDENTIAL STRUCTURE SITUATED AT 2 57 EAST BAYLOR STREET, APPLICANT BEING ROR REALTY, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE FISCAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISION OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRACT TO THE PUBLIC INTEREST. THE REQUESTED HALF STORY VARIANCE WILL NOT BE CONTRACTED TO PUBLIC INTEREST. AS THEY WILL, THEY WILL MEET ALL REMAINING UDC REQUIREMENTS, WILL NOT INJURE THE NEIGHBORING PROPERTIES. ALSO MAKE NOTE IN REFERENCE TO THE AMOUNT OF OPEN SPACE THAT IS OF SURROUNDING THE PROPERTIES. SO HE'S NOT BUILDING FROM PROPERTY LINE TO PROPERTY LINE. THE BUILDING FOOTPRINT IS OFFSET FROM THE PROPERTY LINES. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE LITERAL ENFORCEMENT OF THE ORDINANCES PREVENTS ANY FURTHER DEVELOPMENT OF THE PROPERTY AND LIMIT THE HOUSING OPTIONS IN THE AREA. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE IF APPROVED. THE HOUSE STORY VARIANCE WOULD OBSERVE THE SPIRIT OF THE ORDINANCE AS THE BUILDING HEIGHT WILL NOT OBSTRUCT THE VIEWS OF NEIGHBORING PROPERTIES AND WOULD OBSERVE THE SPIRIT OF THE ORDINANCE BY ENHANCING FUNCTIONALITY AND DIVERSITY OF USE. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USE SPECIFICALLY [02:45:01] AUTHORIZED. AND 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, SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER TO THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF CREDIT, THE, THE INCREASED HEIGHT WILL NOT ENSURE THE APPROPRIATE USE OF CONFORMING PROPERTIES OR ALL TO THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SAW IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY. NOT MERELY FUNCTION FINANCIAL. THEY'RE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DI DISTRICT IN WHICH THE PROPERTY IS LOCATED. THEY HAVE STORY VARIANCES DUE TO THE UNIQUE CIRCUMSTANCES THAT WERE NOT CREATED BY THE PROPERTY OWNER, SUCH AS THE LOCATION AND SIZE OF THE LOT AND OF MOTION. SECOND, SECOND. SECOND BY COMMISSIONER BENAVIDEZ. COMMISSIONER ZUNE. YEAH. SO I'LL, I'LL SUPPORT THE VARIANCE AS READ. UM, I, LIKE THE CHAIR MENTIONED, THERE'S ADEQUATE SPACE BETWEEN THE BUILDING FOOTPRINT AND THE PROPERTY SETBACK, WHICH DOES NOT INFRINGE ON THE NEIGHBORING PROPERTY. UH, THE SPIRIT OF THE TWO AND A HALF STORIES IS, IS I THINK, UM, UM, SUPPORTED HERE IN THAT THE 135 SQUARE FEET OVER THE 870 PLUS MINUS SQUARE FOOT REALLY SPEAKS TO THAT CAKE TOP EFFECT THAT THE, THAT THE VARIANCE WAS TRYING TO, TRYING TO PUT PUT IN PLACE. AND I THINK THIS, THE APPLICANT IS MEETING THAT WITH THIS SETBACK REQUIREMENT. UM, AND SO WE'RE LOCKING IN THE SITE PLAN AS WELL, UH, SPECIFICALLY TO WHAT, UH, TO, YOU KNOW, WHAT HE'S PROPOSING. SO FOR THOSE REASONS I'M SUPPORTING THE VARIANCE AS READ. ALL RIGHT. COMMISSIONER BENAVIDEZ, I CONCUR WITH MY COLLEAGUES. I'LL ALSO SUPPORT, UM, THE MOTION AS READ. RIGHT? ANYONE ELSE LIKE TO ADD MANNA? COMMISSIONER MANNA. SO I, I WON'T BE ABLE TO SUPPORT THIS SIMPLY BECAUSE, YOU KNOW, WE DID SPEND A LOT OF TIME WITH REGARDS TO THE DIALOGUE ON WHAT A THREE STORY BUILDING LOOKS LIKE AND WE'RE IGNORING THAT, THAT DIALOGUE. AND I THINK THAT BECAUSE WE'RE IN AN EARLY STAGE OF DESIGN HERE, IT IT COULD BE REDESIGNED SO THAT IT IS MORE COMPLIANT WITH WHAT IT IS THAT THE COMMUNITY IS, YOU KNOW, WAS SAYING THAT THEY LIKE THROUGHOUT ALL OF SAN ANTONIO AND AS WAS POINTED OUT, YOU KNOW, IN THE NEAR COMMUNITY, UM, THERE'S NO STRUCTURES LIKE THIS ANYWHERE CLOSE BY. AND SO, SO THIS WOULD STAND OUT CONSIDERABLY FROM MY PERSPECTIVE. ALRIGHT, ANYONE ELSE? UH, I'D LIKE TO ADD THAT I'M GONNA BE IN SUPPORT, UH, FOR A COUPLE REASONS. ONE, IT'S, IT, IT'S, IT'S, UH, NOT WALL TO WALL. IT'S, IT'S GENEROUSLY BEYOND, UH, THE REQUIRED SETBACKS. UH, THIS APPLICANT COULD HAVE PUT IN A, A VERY LARGE, UH, UH, TWO AND A HALF STORY STRUCTURE, BUT HE WANTED TO DO SOMETHING A LITTLE MORE UNIQUE. UH, AND, AND I DON'T THINK HE'S TAKEN ADVANTAGE OF THE, OF THE ENTIRE, UH, THIRD LEVEL. SO I'LL BE IN SUPPORT. HAVE A ROLL CALL VOTE. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER BENAVIDES? YES, I CONCUR. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER CRUZ? I DO NOT CONCUR. COMMISSIONER MANNA? I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BREGMAN? I DO NOT CONCUR. COMMISSIONER VASQUEZ? I CONCUR. CHAIR ORIAN. UH, AND I CONCUR THE FINES AND FACT MOTION DOES FAIL. EIGHT TO THREE. UH, I JUST WANTED TO ASK, IS THERE ANYONE IN IN OPPOSITION HAVE ANYTHING THAT, THAT WOULD MAKE THEM APPROVE THIS WHERE WE SHOULD PURSUE A UH, ANYONE WOULD LIKE TO OFFER UP A RECONSIDERATION? IF THERE'S ANYTHING SPECIFIC. CAN I, UH, JUST, JUST HOLD ON A SECOND. OH, I'M SORRY. I'M JUST GOING ONCE, GOING TWICE. SO MANNA, SO YES. COMMISSIONER MANNA. I GUESS MAYBE OPENING THE DIALOGUE TO WHAT OPTIONS WOULD BE AVAILABLE. 'CAUSE I, I DON'T KNOW, OUTSIDE OF, YOU KNOW, WE COULD REMOVE THE, WE COULD REMOVE ONE OR MORE OF THE OPEN PORCHES. WE COULD, WE COULD MESS WITH THE SQUARE FOOTAGE. THERE'S A LOT OF STUFF WE, YEAH, I GUESS I WOULD GO BACK TO THE DIALOGUE ABOUT REDOING THE PLAN TO COME BACK TO SAY OKAY. 'CAUSE I THINK ALL THAT COULD BE DONE IN THE REPLANNING PERSPECTIVE OF THE DESIGN ITSELF. SO, SO I I DON'T SEE ANYTHING AT THIS POINT, SO I'M SORRY. OH YEAH. SO THERE'S NO COMPONENT THAT WOULD CHANGE YOUR MIND. OKAY. ALRIGHT. UM, SORRY. IT JUST, IT FAILS EIGHT TO THREE. UH, IF YOU CAN GET WITH STAFF IF YOU HAVE ANY QUESTIONS. THANK YOU ALL FOR YOUR TIME. YES, SIR. ALL RIGHT. ITEM NINE. ALL ITEM NINE. BO OA 24 1 0 3 0 0 2 3 6. ADDRESS 3 6 0 2 ARGON DRIVE COUNCIL DISTRICT FOUR APPLICANT PRISCILLA ESCAL. A REQUEST FOR, UH, A FOUR FOOT 11 INCH SIDE SETBACK [02:50:01] VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW CARPORT TO BE ONE INCH FROM THE SIDE PROPERTY LINE. UH, ZONING IS R FIVE. THE SUBJECT PROPERTY IS LOCATED ALONG ARGON DRIVE, NORTH OF SOUTH SOUTHWEST LOOP FOUR 10. THE APPLICANT CONSTRUCTED A CARPORT WITHOUT PERMIT AND CODE, UH, ENFORCEMENT CASES WERE OPEN IN JULY AND AUGUST OF 2024. IN RESPONSE, DATED STREET VIEW PHOTOGRAPHY SHOWS A CARPORT WAS BUILT AFTER DECEMBER OF 2021. UPON STAFF, UH, SITE VISITS, THE CARPORT APPEARED TO BE ONE INCH FROM THE SIDE PROPERTY LINE AND SHOWING WHERE THE CARPORT IS AT ON THE LOT. SUBJECT PROPERTY SURROUNDING AREA STAFF RECOMMENDATION FOR THE CARPORT SIDE SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BOA 2 4 1 0 3 0 0 2 3 6 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE 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 43 NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION, AND NO REASSURED NEIGHBORHOOD ASSOCIATION WITH 200 FEET. AND THIS CONCLUDES STAFF PRESENTATION APPLICANT AVAILABLE. ALL RIGHT. SO HAVE THE APPLICANT COME FORWARD. ALL RIGHT. TELL US YOUR NAME. TELL US ABOUT YOUR CARPORT AND GOOD AFTERNOON. UH, MY NAME IS PRISCILLA ESCOLARA AND I'M THE HOMEOWNER. UM, I HAD A CARPORT BUILT. I HIRED A CONTRACTOR. THIS WAS MY FIRST TIME EVER HIRING A CONTRACTOR TO DO ANY TYPE OF WORK IN MY HOME. AND, UM, WENT THROUGH THE PROCESS OF GOING THROUGH DIFFERENT BIDS. FINALLY GOT THIS ONE CONTRACTOR, HE STARTED THE PROJECT, UM, IF PROBABLY ABOUT 20% OF IT WAS DONE AND THEN TOOK OFF WITH ALL MY MONEY. SO, UM, LEFT ME, IF YOU LOOK, I DON'T KNOW IF HE CAN ZOOM IN A LITTLE BIT CLOSER, BUT YOU'LL SEE ONE OF THE POLES THAT HE LEFT IN THE, BY MY HOME, UM, IS STANDING STILL THERE. THERE'S TWO OTHER POLES THAT ARE STILL STANDING ON THE SIDE. UM, WHEN HE LEFT IT, THEY WERE 14 FEET HIGH IN THE AIR. ALL MY POLES THAT WERE ON THE SIDE OF THE HOUSE, WHICH WE HAD TO EITHER TAKE DOWN OR HIRE SOMEONE ELSE, WHICH ALL OUR MONEY WAS GONE AT THAT POINT. SO MY COUSIN, WHO LIVES OUT OF THE CITY DECIDED TO COME ASSIST HIM, MY HUSBAND WITH TRYING TO DO IT SINCE HE DOES DO CARPORTS. I THOUGHT INITIALLY THE CONTRACTOR HAD GOTTEN A PERMIT BECAUSE I REQUESTED ONE. UM, BECAUSE I HAVE OTHER NEIGHBORS WHO DO HAVE CARPORTS AND THEY TOLD ME THEY DID NOT GET PERMITS. AND SO THEY HAD ONE HAD GOTTEN ACTUALLY CITED. SO WHEN I HIRED THE CONTRACTOR, HE SAID THAT HE WOULD GET THE PERMIT FOR ME. HE WAS LATER ARRESTED IN JULY YES. FOR DOING THIS TO OTHER PEOPLE. SO HE WAS ARRESTED IN JULY, UM, JULY 3RD. I TALKED TO HIM JULY 2ND, HE WAS AT MY HOME AND HE SAID, I'LL BE BACK TOMORROW. WHICH HE DIDN'T COME BACK. SO I TEXTED HIM AND I WAS LIKE, HEY, WHERE ARE YOU? LIKE, UM, HE SAID, OH, I'M TALKING TO AN ATTORNEY. I'M IN COURT. DID NOT TELL ME FOR WHAT. AND I'M THINKING IT'S PRIVATE, OBVIOUSLY. UM, DUNNO, WELL COME TO FIND OUT HE GOT ARRESTED. SO, UM, THAT'S WHAT HAPPENED. AND I DIDN'T WANNA TAKE DOWN THE PULSE FIRST OF ALL, THE 14 FEET, I DON'T KNOW, THEY WERE IN MY GROUND, WAS NOT WANTING MY HUSBAND TO TAKE IT DOWN EITHER. I DIDN'T KNOW IF IT WAS GONNA FALL ON OUR HOUSE ON THE OTHER NEIGHBOR'S HOUSE. SO JUST WENT AHEAD AND SAID, OKAY, WELL LET'S JUST TRY AND DO WHAT WE CAN WITH MY COUSINS. LUCKILY HE HAD BOUGHT, PURCHASED THE MATERIAL, THE CONTRACTOR, AND HAD LEFT IT IN MY YARD. UM, MOST OF IT. SO I DIDN'T HAVE TO PAY ANYTHING MORE ASIDE FROM THE, UH, GALVANIZED SHEETS THAT YOU SEE IS WHAT I HAD TO PURCHASE OUTSIDE OF THAT. BUT I DID GET SIGNATURES FROM MY NEIGHBORS, UM, WHO ALL ARE IN FAVOR. WE CAN PROJECT THAT OF THAT. UM, AND THERE ARE OTHER CARPORTS IN THERE, BUT THERE'RE WOOD. MINE IS IN MY SPECIFIC STREET IN THE SURROUNDING ONES. I'M THE ONLY ONE WITH METAL. BUT EVERYONE ELSE HAS LIKE A WOODEN CARPORT. WELL, I'LL, I'LL TELL YOU, UM, ONE, ONE THING THAT, THAT THIS COMMISSION TRADITIONALLY HEARS ON THESE SORT OF CASES IS, UH, HOW DRAINAGE IS BEING ADDRESSED TO THE NEIGHBOR. MM-HMM . I COULDN'T HELP BUT NOTICE ON THE PICTURE THAT'S, UM, THAT WE, THAT WE HAVE IN OUR PRESENTATION WHERE YOU'RE LOOKING STRAIGHT INTO YOUR, UH, CARPORT MM-HMM . IT LOOKS LIKE YOU HAVE YOUR, [02:55:01] UH, TRASH AND, AND RECYCLE, UH, BINS BETWEEN THE CONCRETE DRIVEWAY AND THE FENCE LINE. IS THAT TRUE? YES, THEY'RE RIGHT THERE. UM, IN OKAY, SO THEN YOU'RE, SO THE EDGE OF YOUR DRIVEWAY IS A GOOD THREE FEET AWAY FROM THE FENCE? MM-HMM . PROBABLY, YEAH. OKAY. BECAUSE, UH, WHERE I'M GOING WITH THAT IS, IS THAT, YOU KNOW, HAVING CARPORTS ALL THE WAY UP AGAINST MM-HMM . ESPECIALLY WHEN THERE'S NO GUTTER, IS, IS USUALLY NOT SOMETHING DESIRABLE. UM, THAT WHEN, WHEN WE HEAR SUCH THINGS AND WHEN PEOPLE HAVE THE ABILITY TO MOVE THINGS OVER, USUALLY THAT USUALLY POPS UP. YEAH. AND WHEN I HAD ASKED THE CONTRACTOR, HE TOLD ME THAT IT WAS ONE FOOT FROM THE PROPERTY LINE, WHICH I DIDN'T, I SHOULD HAVE DONE MY WORK ON THAT TOO. , UH, AND CHECKING THAT. BUT I DUNNO ANYTHING ABOUT CARPORTS. NEITHER DOES MY HUSBAND, WE JUST WANTED ONE BUILT. WE HAD BEEN SAVING FOR A LONG TIME TO HAVE IT BUILT. AND THEN WE WENT INTO THIS PROBLEM. SO, UM, WHATEVER I HAVE TO DO TO GET IT PROVED, I MEAN, I'LL BE GLAD TO. AND THE NEIGHBOR IMMEDIATELY NEXT TO THE CARPORT WAS IN FAVOR. SO WHEN IT WAS GETTING BUILT, SHE DID RAISE A CONCERN, UM, BECAUSE THE SHINGLE, OR I DON'T KNOW WHAT THEY'RE CALLED SHINGLES, BUT THE, UM, GALVANIZED SHEETS WERE OVER ON HER PROPERTY LINE BEFORE THEY WERE CUT. BUT I DID ASSURE HER THAT THEY WOULD GET CUT. UM, 'CAUSE THEY WERE LONGER THAN THAT BEFORE. UM, AND THEN SHE HAD RAISED A CONCERN ABOUT THE WATER AS WELL. OKAY. ALL RIGHT. IS THERE ANY, UH, COMMISSIONER QUESTIONS? MR. SO, SO ONE OF THE THINGS THAT WE, UM, ALWAYS WANT TO DISCOURAGE IS WHEN IT IS THAT WE IMPACT A NEIGHBOR'S PROPERTY. MM-HMM . THAT'S ONE OF THE THINGS WE LOOK AT. AND THE WATER RUNOFF IS PRETTY IMPORTANT. AND SO, UM, SO LOOKING AT THE DESIGN WITH THE CORRUGATED METAL, IT IS GOING TO BRING BASICALLY THE WATER FROM YOUR ROOF AND FROM THAT CARPORT STRAIGHT TO YOUR NEIGHBOR'S PROPERTY MM-HMM . AND SO, SO MITIGATING ANSWERS FOR THAT, YOU KNOW, ARE SOME THINGS THAT WE LOOK FOR. AND GUTTERS WOULD BE ONE OF THE THINGS. AND SO, SO I, I DON'T THINK I COULD, COULD GET BEHIND US UNLESS I KNEW THAT THERE WAS GONNA BE GUTTERS INVOLVED. AND, BUT THEN WE'D HAVE TO WORK WITH THE DISTANCES, YOU KNOW, UM, WITH REGARDS TO, TO THE SIDE PROPERTY. AND SO THAT WOULD ALMOST REQUIRE, AGAIN, CUTTING OFF SOME MORE OF IT TO ALLOW FOR THE, YOU KNOW, ALLOW FOR THE PLACEMENT OF GUTTERS. SO, UM, SO ONE OF THE THINGS WE, YOU KNOW, IS, IS ALLOWING FOR THE APPLICANT TO AMEND THEIR APPLICATION TO, UH, UM, TO COMMIT TO PUTTING GUTTERS IN. UH, WE CAN'T FORCE IT, BUT YOU CAN MAKE AN ADJUSTMENT TO YOUR, UH, UM, YOUR APPLICATION HERE MM-HMM . TO INCLUDE THAT. AND THEN THAT MAY WEIGH IN, AT LEAST FOR ME, UH, WITH REGARDS TO CONSIDERATION. SO YEAH, I DON'T HAVE A PROBLEM WITH PUTTING GUTTERS. I JUST, THAT WAS ONE OF MY SUGGESTIONS WHEN I INITIALLY MADE THE APPLICATION, BUT THEY SAID, JUST DO THE VARIANCE, SEE WHAT THEY SAY. YEAH. AND IF THAT'S WHAT NEEDS TO BE DONE, THEN, YOU KNOW, THE THING IS THAT IF YOU WERE TO, IF YOU WERE TO AMEND YOUR APPLICATION TO INCLUDE GUTTERS, YOU STILL HAVE TO MOVE EVERYTHING OVER BECAUSE YOU'RE TOO CLOSE. OH, OKAY. SO, UM, BUT YOU KNOW, THAT MIGHT SWAY MEMBERS OF THE COMMISSION IF YOU DID WANT TO AMEND YOUR APPLICATION TO INCLUDE GUTTERS. UM, BECAUSE WE, WHAT WE CAN DO IS WE'RE ALLOWED TO GRANT YOU WHAT YOU'RE ASKING FOR ONE INCH OR WE CAN MAKE IT A LITTLE FURTHER AWAY. WE, WE HAVE THAT DISCRETION MM-HMM . AND SO IT'S, IT'S, IF YOU WANTED TO AMEND YOUR APPLICATION TO INCLUDE GUTTERS, YOU'RE CERTAINLY WELCOME TO. UM, I KNOW ME PERSONALLY, UM, IF IT WAS GUTTERS THAT WOULD MAKE ME HAPPY, OR IF IT WAS AT LEAST TWO FEET AWAY FROM YOUR NEIGHBOR'S PROPERTY, IT WOULD MAKE ME HAPPY. AND YOU EASILY HAVE THE ROOM TO DO SO, SO MM-HMM . UM, AND COMMISSIONER BARRINGTON. YEAH. IS IT POSSIBLE FOR YOU TO CUT IT BACK ON THE SIDE? IT LOOKS LIKE IT'S QUITE A, SOMEWHAT WIDER THAN THE PAVED AREA. UH, IS IT, IS IT POSSIBLE TO, UH, CREATE MORE DISTANCE TO THE SIDE PROPERTY LINE? UM, YOU MEAN BRINGING THE POLES IN? YEAH, I MEAN, IT WOULD HAVE TO BE RECONSTRUCTED, I GUESS, BECAUSE, I MEAN, IT'S ALL WELDED TOGETHER, SO, I MEAN, IT WOULD HAVE TO BE UNDONE COMPLETELY. IT'S, IT'S POSSIBLE. 'CAUSE SHE HAS HER TRASH RECEPTACLE BETWEEN THE CONCRETE AND THE FENCE. SO SHE, SHE USUALLY HAS TWO AND A HALF TO THREE FEET. COULD YOU PUT THE GUTTERS INSIDE OF THE, UH, I DON'T KNOW ABOUT THAT. YOU MEAN LIKE CUT A HOLE CUT? YEAH. TO, TO ME, I WAS, I WAS THINKING ABOUT THE SAME THING, BUT THEN I THINK YOU'D HAVE TO RESTRUCTURE THE SIDE PIECE TO SUPPORT THE, THE, THE PANELS. SO YOU'D HAVE TO ADD ANOTHER, UM, FOOTER ALL THE WAY DOWN OR HEADER ALL THE WAY DOWN. AND SO TO ME, IT'D BE EASIER TO EITHER MOVE THE PULL, MOVE ALL THE POLES IN. YEAH. YOU KNOW, AND THEN THE QUESTION IS, DO YOU JUST MOVE TWO AND A HALF FEET? WHICH IS MAYBE MORE ALONG THE LINE OF NOT NEEDING GUTTERS IN VERSUS, YOU KNOW, SIX INCHES WITH THE GUTTERS OR WHATEVER. SO, YEAH. OKAY. UH, IS THERE ANYONE TIME TO SPEAK OR ANY, UH, VOICEMAILS ON THIS ONE? [03:00:02] ONE VOICEMAIL. LET'S HEAR THE VOICEMAIL PLEASE. HI, THIS IS SAMUEL . THE, OUR ADDRESS IS 36 0 2 AGA NER, AND THE NUMBER IS 2 1 0 4 2 0 19 35. 1935. AND THE CASE NUMBER AND THE CASE NUMBER IS, UH, BOA 24 1 0 3 0 0 2 3 6. UM, THE, WE DO NOT, UH, WANT THE, WE, WE, WE DO NOT WANT THE THING TO BE ALLOWED ON OUR PROPERTY. THANK YOU. OKAY. MANNA, WHAT WAS THE, HEY MAN, WHAT WAS THE ADDRESS OF THAT PERSON THAT GAVE THAT FEEDBACK? GIMME ONE SECOND BECAUSE I THOUGHT I HEARD HIM SAY 3 6 0 2, SO YEAH, THAT'S WHAT HE SAID. YEAH. 36 0 2 A. OH YEAH, THEY'RE, THEY'RE ON OPPOSITE STREET, SO HOW CAN WE GO? YEAH, THERE'S A CARPORT THAT'S ON OSA THAT I TALKED TO THE LADY AND SHE'S THE ONE THAT GOT CITED FOR IT, BUT SHE DIDN'T PAY THE FINE. SO I THINK HE THINKS IT'S THAT ONE. OKAY. MAYBE THAT'LL BE BEFORE I SAID A FEW. YEAH. . OKAY. SO, UH, WHAT, SO HERE, SO THIS IS WHERE WE'RE AT. WE GOT A CARPORT ONE INCH OFF. SHE HAS ROOM TO MOVE IT. UM, UNLESS THERE'S ANYTHING THE COMMISSIONER WANTS, UM, MY SUGGESTION IS, IS TO KNOCK IT BACK A COUPLE FEET. SO IF ANYBODY WOULD LIKE THAT FEET ARE GUTTERS, SO THAT WOULD BE, YOU KNOW, SO EITHER SOLUTION. SO I GUESS MAYBE GO, SO FOR YOU AS THE APPLICANT, SO, SO THERE'S TWO DIALOGUES GOING ON MM-HMM . AND YOU KNOW, I, I GUESS I WOULD ASK IF YOU HAD A PREFERENCE TO MAKE IT NARROWER, UM, OR TO, UH, SO MUCH NARROWER BY THREE FOOT OR TWO FOOT OR WHATEVER, OR A LITTLE BIT NARROWER, BUT, BUT PROVIDE GUTTERS. SO IF YOU HAD THOSE TWO OPTIONS, WHICH WOULD YOU CHOOSE? UM, I MEAN, EITHER WAY I'LL HAVE TO MAKE IT MORE NARROW. SO EITHER WAY YOU'D HAVE TO MOVE OVER THE POST. YES. YES. THE QUESTION IS, IS DO YOU MOVE THE POST OVER TWO FEET OR DO YOU MOVE 'EM OVER ONE FOOT AND ADD GUTTERS? HMM. AND SHE WOULD YEAH, I TO SEE THAT THE COST IS TOO, SHE'D HAVE TO AMEND HER APPLICATION. RIGHT. SHE WOULD'VE TO AMEND. THAT'S WHY I'M, I'M ASKING. YEAH. UH, YEAH. ANYTHING YOU'D LIKE US TO KNOW? ? I DON'T TOO MUCH. UM, I WOULD HAVE TO SEE WHAT THE COST IS TO, TO PUT THE GO IN TWO FEET I WOULD THINK WOULD PROBABLY, I DON'T KNOW WHAT THE COST TO THE, FOR THE GUTTERS. YOU'RE HAVE TO MOVE THE POST. YOU'RE GONNA HAVE TO MOVE THE POST OVER IN REGARDLESS. YES, I KNOW, BUT I JUST DON'T KNOW IF IT'S OKAY TO DO THE, BECAUSE MY THING IS, WELL, PARKING THE, 'CAUSE IT'S, IT'S SUPPOSED TO BE FIVE FEET. RIGHT. BUT THAT'S, THAT'S LIKE, 'CAUSE WE MEASURED FIVE FEET AND IT WAS LIKE HARDLY LIKE, BARELY ENOUGH ROOM TO HAVE LIKE OUR CAR. RIGHT. SO, UM, YOU'LL LIKE IT BETTER WITH GUTTERS. WELL THAT WAS, I MEAN, I HAD SUGGESTED TALK TO THE NEIGHBOR ABOUT PUTTING, JUST ADDING THE GUTTERS TO IT. YOU CAN'T DO THAT. YEAH. BUT YOU'LL BE OVER, YOU'LL BE OVER THE PROPERTY LINE. SO I, I, MY, I SAY WE JUST MAKE A MOTION AND MOVE IT OVER TWO FEET. SHE CAN ADD GUTTERS OR NOT ADD GUTTERS. I CAN TELL YOU WHICH ONE MIGHT BE CHEAPER. ADDING WHICH ONE? MOVING IT OVER COSTS THE SAME. IT DOESN'T MATTER WHETHER IT'S, YEAH. OKAY. NO COST. CAN YOU TELL ME WHAT THE DISTANCE IS BETWEEN YOUR PAVED, UH, DRIVEWAY UNDER THE CARPORT AND THE SIDE YARD? HOW MANY IS THAT TWO FEET OR THREE FEET OR ONE AND A HALF FEET OR WHAT? UM, SO THE TREES, I PLANTED THE TREES, IT'S IN BETWEEN OUR PROPERTY LINE, SO I DON'T WHAT, TWO FEET MAYBE? WELL, SHE HAS A, SHE HAS A, A TRASH RECEPTACLE THERE. I WOULD SAY TWO FEET. MANNA. COMMISSIONER MANNA. SO I'M READY TO READ THE MOTION. PLEASE, PLEASE PROCEED. SO REGARDING CASE NUMBER BO OA 2 4 1 0 3 0 0 2 3 6, I MOVED THAT THE BOARD ADJUSTMENT GRANT THE REQUEST FOR A THREE FOOT SIDE SETBACK VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A [03:05:01] CARPORT TO BE TWO FEET FROM THE SIDE PROPERTY LINE SITUATED AT 3 6 0 2 AGAN DRIVE APPLICANT BEING PRISCILLA ESCARA BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOWED THAT PHYSICAL CHARACTER, THIS PROPERTY IS SUCH A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED, WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THE SIDE SETBACK VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST, AS SUFFICIENT SPACE WILL REMAIN FOR THE PURPOSE OF WATER RUNOFF AND FIRE SAFETY CONCERNS. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE SIDE SETBACK ORDINANCES WOULD RESULT IN UNNECESSARY HARDSHIP. CONFIGURATION OF THE HOME ON THE LOT GIVES LIMITED SPACE FOR CARPORT WHERE IT IS NOT OTHERWISE FEASIBLE. THREE, BY GRANTING THE VARIANCE OF SPARE, THE ORDINANCE WOULD BE OBSERVED. WILL BE OBSERVED, AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED SIDE SETBACK VARIANCE DOES NOT APPEAR TO BE IN THE SPIRIT OF THE ORDINANCE AS SUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE SAFETY CONCERNS. ADDITIONALLY, THE CARD PORT SETBACK IS NOT OUT OF CHARACTER FOR THE NEIGHBORHOOD, FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH HIS VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT, WHICH HIS PROPERTY IS LOCATED. STAFF FINDS THAT THE SIDE SETBACK VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES AS SUFFICIENT SPACE WILL REMAIN FOR WATER RUNOFF AND REDUCED CARPORT. SETBACK IS NOT UNCHARACTERISTIC FOR THE NEIGHBORHOOD IN WHICH THIS IS LOCATED. SIX, APPLIED TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN DISTRICT, WHICH IS PROPERTY IS LOCATED. STAFF FINDS THE UNIQUE CIRCUMSTANCES EXISTING ON THIS PROPERTY FOR THE SIDE SETBACK VARIANCES, UM, IS EXISTING HOMES POSITION RELATIVE TO THE LOT SETBACKS. END OF MOTION. I'LL SECOND THAT SECOND BY COMMISSIONER PERRINGTON. COMMISSIONER MANON. UM, I'LL BE, UM, APPRO THIS AS READ. UM, YOU KNOW, SO, SO WE DO, I THINK THIS WOULD PROVIDE ENOUGH OF A SIDE SETBACK SO THAT, UH, IT WILL ALLOW FOR THE WATER RUNOFF. UM, IT IS, UH, CONSTRUCTIVE, UH, CONSTRUCTED OF METALS. SO THEREFORE, UH, THERE AREN'T AS MANY CONCERNS WITH REGARDS TO THE, UM, FIRE, UM, SETBACK. AND SO, UM, SO I STILL THINK THIS PROVIDES FOR AN ADEQUATE SPACE, YOU KNOW, FOR PARKING UNDERNEATH AND KIND OF WILL MAKE EVERYBODY HAPPY. ALL RIGHT, COMM. THANK YOU COMMISSIONER BARRINGTON. YEAH. UM, I THINK THIS IS THE BEST WE CAN DO. MM-HMM . I APPRECIATE THE FACT THAT IT'S AN ADDITIONAL EXPENSE. MM-HMM . BUT, UH, IT'S A, IT'S A REASONABLE SOLUTION I THINK, AND I CAN SUPPORT THAT. OKAY. AND JUST TO, JUST TO CLARIFY, IT'S A THREE FOOT VARIANCE TO ALLOW IT TO BE TWO FEET AWAY. OKAY. ALL RIGHT. GREAT. IS THERE NO OTHER COMMENTS? HEARING NONE US HAVE ROLL CALL, VOTE PLEASE. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON, I CONCUR. COMMISSIONER STEVENS. I SECOND CONCUR. COMMISSIONER IBANEZ. I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ. I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FIGHTING OF FACT. COMMISSIONER BENAVIDES. I CONCUR. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR THE FINES OF FACT. MOTION PASSES. SO WHAT WE DID WAS WE PASSED IT TO WE HAVE TO BE TWO FEET AWAY. MM-HMM . SO IF YOU HAVE ANY QUESTIONS, UH, YOU CAN GET WITH STAFF. OKAY. THANK YOU. THANK YOU FOR YOUR TIME. MM-HMM . REAL QUICK, IS THE APPLICANT FOR 30 22 EL PASO STREET HERE YET? DOES THE APPLICANT HAVE TO BE HERE? 'CAUSE THIS ONE'S EXTREMELY MINOR AND YOU'RE RECOMMENDING APPROVAL DOES NOT HAVE TO BE HERE. I WOULD IF, IF, IF ANYBODY HERE HAS ANY OPPOSITION, I'D LIKE TO MOVE FORWARD ON THIS ONE. IF, LET'S GO AHEAD AND PRESENT IT. OKAY, COOL. BO OA 24 1 0 3 0 0 2 3 8. ADDRESS, 3 0 2 2 EL PASO STREET COUNCIL DISTRICT FIVE APPLICANT. LEONARDO ESPINOZA REQUEST FOR TWO FOOT SIX, UH, VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A TWO FOOT SIX INCH SIDE SETBACK, LIMITED TO FIVE FEET IN WIDTH. ZONING IS R THREE. SUBJECT PROPERTY IS LOCATED ALONG EL PASO STREET NORTH OF GUADALUPE STREET. THE HOME ON THE PROPERTY HAS UNDERGONE RENOVATIONS AND REPAIRS IN PAST YEARS. IN APRIL, 2021, THE BOARD OF ADJUSTMENT APPROVED A 10 FOOT SIX INCH VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW A NEW ADDITION TO BE NINE FOOT SIX INCHES AWAY FROM THE REAR PROPERTY LINE, AS WELL AS A ONE FOOT 10 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE THREE FOOT TWO INCHES [03:10:01] FROM THE SIDE PROPERTY LINE. CURRENTLY THE OFFENDING ITEM IN QUESTION IS A WATER HEATER BOX PROTRUDING FROM THE HOME INSIDE THE SIDE SETBACK, WHICH IS LIMITED TO FIVE FEET IN WIDTH SITE PLAN. SUBJECT PROPERTY, I LIKE THE, THE FULL. AND THEN THIS IS THE WATER HEATER BOX. UM, THAT'S THE STICKING INTO THE SETBACK. LIMITED TO THE FIVE FEET WIDTH SURROUNDING AREA STAFF RECOMMENDING STAFF RECOMMENDS APPROVAL AND BO OA 24 1 0 3 0 0 2 3 8 BASED ON FOLLOWING FINDINGS OF FACT, ONE, THE SIDE SET BACK ENCROACHMENT IS LIMITED TO THE FIVE FOOT WIDTH WATER HEATER BOX PROTRUDING FROM THE SIDE OF THE HOME. TWO. THE REQUESTED VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF MAILED 38 NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION. NO RESPONSE FROM THE PROSPECT HILL NEIGHBORHOOD ASSOCIATION. AND THIS CONCLUDES STAFF PRESENTATION. ALL RIGHT, THANK YOU VERY MUCH. UM, LIKE I SAID, IT IS SUPER, SUPER MINOR. UH, IS THERE ANY QUESTIONS FROM THE COMMISSION? YEAH. YES, COMMISSIONER DEAN. HEY, THE, UH, THE, IS THE GAS WATER HERE LOOKS LIKE TO ME? DOES THAT HAVE TO HAVE FIRE RATING OR, UH, LIKE THAT X OR WAS IT MATERIAL THAT OUR FIRE PROTECTION ENGINEER SPECIFIED EARLIER? IT'S GONNA HAVE TO MEET ALL OF THE PLUMBING CODE REQUIREMENTS. SO LIKELY, YES. OKAY. SO WE'RE JUST APPROVING THE, UH, JUST OKAY, JUST THE ENCROACHMENT ITSELF. YEAH. ALRIGHT. SO WHO WOULD LIKE TO MAKE A MOVE? COMMISSIONER BRACKMAN IMAN. ALRIGHT, REGARDING CASE NUMBER VO OA DASH 24 DASH 0 3 0 2 3 8, I MOVED THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A TWO FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A TWO FOOT SIX INCH SIDE SETBACK, LIMITED TO FIVE FEET IN WIDTH, SITUATED AT 3 0 2 2 EL PASO STREET. APPLICANT BEING LEONARDO ESPINOZA BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED OF THE PHYSICAL CHARACTER OF THIS PRO PROPERTY IS SUCH, THERE ARE LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE SITE SETBACK VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST, AND SUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE SAFETY CONCERNS. TWO. DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE SIDE SETBACK ORDINANCES WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD NEED TO ELIMINATE EXISTING HOME SPACE TO PLACE THE WATER HEAT INSIDE THE HOME. THREE, BY GRANTING THE VARIANCE OF THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED SITE SETBACK VARIANCE DOES NOT APPEAR TO BE IN THE SPIRIT OF THE ORDINANCE. THAT SUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE SAFETY CONCERNS AND IS NOT OUT OF CHARACTER FOR THE AREA IN WHICH THE VARIANCES ARE LOCATED. THE REQUEST IS LIMITED TO FIVE FEET WIDTH OF THE WATER HEATER. 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 VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE SITE SETBACK VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES AS SUFFICIENT SPACE WILL REMAIN FOR MAINTENANCE OF THE ADDITION. AND THE MINIMAL AND THE MINIMAL PROTRUSION WILL NOT SIGNIFICANTLY, NOT SIGNIFICANTLY IMPACT WATER RUNOFF OR FI FIRE SAFETY CONCERNS. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY, WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY'S LOCATED STAFF FINDS THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY FOR THE SIDE SETBACK VARIANCES THE EXISTING HOME LOCATION ON THE SIDE, SETBACKS AND LIMITED SPACE FOR WATER HEATER BOX. END OF MOTION. ALL RIGHT. SECOND BY COMMISSIONER SECOND MANNA. COMMISSIONER, UM, BRAGMAN. UH, YEAH, I'LL BE IN SUPPORT OF THE MOTION. I DON'T SEE ANY ISSUE WITH IT, ESPECIALLY SINCE THEY'RE GONNA HAVE TO, UH, COMPLY WITH FIRE RATING ON THAT, UM, UH, GAS WATER HEATER, UH, BOX. SO I'LL BE IN SUPPORT. COMMISSIONER MANDEN AND I, I CONCUR WITH MY COLLEAGUE AND WE HAVE, UH, IN THE PAST, YOU KNOW, PROVE THESE KIND OF REQUESTS. SO I DON'T, I DON'T SEE AS A BIG THING, SO THANK YOU. ALL RIGHT. THERE'S NO ONE ELSE THAT VOICE? UH, ROLL CALL VOTE PLEASE. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. [03:15:01] COMMISSIONER YBANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER BENAVIDEZ? I CONCUR. COMMISSIONER UNA? YES, I CONCUR. COMMISSIONER VASQUEZ, YOU CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINES OF FACT. MOTION PASSES. UM, CONGRATULATIONS TO IF YOU'RE LISTENING, . WELL, AND I DON'T KNOW WHETHER YOU ASKED FOR PUBLIC COMMENT, BUT THERE WAS NONE FOR THE RECORD, SO, OKAY. THANK YOU. OH, THANK YOU FOR REMINDING ME. UH, ITEM NUMBER 11. ITEM NUMBER 11 IS, UH, BO 8 24 1 0 3 0 0 2 3 9. ADDRESS IS 24 56 CINCINNATI AVENUE CANCELED DISTRICT SEVEN. APPLICANT IS LYNN VU. A REQUEST FOR AN APPEAL OF THE ADMINISTRATOR'S DECISION FOR A NON-CONFORMING USE DENIAL. THE ZONING IS R FOUR PROPERTY RECEIVED A NON-CONFORMING DENIAL ON NOVEMBER 14TH, 2024 DUE TO THE STRUCTURE OF NOT MEETING THE CRITER CRITERIA FOR NON-CONFORMING USE. THE ZONING STAFF FOUND THE PROPERTY WAS ANNEXED IN 1947 AND ZONED B RESIDENT DISTRICT PER BEXAR COUNTY RECORDS, THE STRUCTURE WAS CONSTRUCTED IN 1948, WHICH ONLY PERMITTED TWO UNITS. THE LOCATION NEVER HAD ZONING PERMITTED FOR MORE THAN ONE UNIT PER SECTION 35 D 1 0 1 J. THE SUBJECT PROPERTY IS PERMITTED A DUPLEX BY RIGHT. THE PROPERTY UNDER THE B RESIDENT DISTRICT, OR R FOUR RESIDENTIAL SINGLE FAMILY DISTRICT IS PERMITTED AN ACCESSORY DWELLING UNIT. THIS IS THE DENIAL DOUBT. NOVEMBER. AND THIS IS A JUST A GIS MAP SHOWING THE LOCATION OF THE PROPERTY. AND THIS IS THE, UH, SUBJECT PROPERTY. THE SURROUNDING AREA STAFF CONCLUDES THE U UH, STAFF. CONCLUSION, STAFF CONCLUDES THE USE OF A TRIX WILL REQUIRE A CHANGE OF ZONING APPROVAL BASED ON SECTION 35 7 0 5 B ONE. BASED ON THE FOLLOWING FINDINGS OF FACT, NO EVIDENCE WAS PROVIDED BY THE APPLICANT TO SHOW THE CONTINUED USE OF A TRI TRIPLEX NOTIFICATION PLAN. 19 NOTICES WERE SENT OUT, ZERO IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE PROVIDED BY UNIVERSITY PARK NEIGHBORHOOD ASSOCIATION AND NO RESPONSE FROM THE SAN ANTONIO COMMUNITY ORGANIZATIONS. THIS CONCLUDES STAFF'S PRESENTATION. PRESENTATION AND APPLICANT IS AVAILABLE. MANANA COMMISSIONER MANNA. SO, SO THIS IS, UM, BY RIGHT. WOULD'VE BEEN PERMITTED WITH REGARDS TO DUPLEX. UM, BUT BUT SIMPLY BECAUSE IT'S A TRIPLEX, THAT'S WHAT THE ISSUE, CORRECT. OKAY. THANK YOU. ALRIGHT, SO THE APPLICANT COME FORWARD, RIGHT. STATE YOUR NAME, TELL US ABOUT YOUR, UH, APPEAL. YES, UH, GOOD AFTERNOON. MY NAME IS VI TON AND I AM REPRESENT VO AS A FRIEND BECAUSE THEY ARE NOT HERE IN THE STATE. THEY CURRENTLY IN THE VIETNAM FOR THEIR WORK. AND THEY ASKED ME TO GO HERE MEETINGS TO HELP THEM WITH THIS PROCESS. AND ALSO DURING THE TIME THAT, UM, THEY DOING THE, UM, THE SELLING OF THIS HOME, I WAS THE ONE WHO HELPING THEM TO GO THROUGH THE APPLICATION FOR THE NON-CONFORMING DUE TO THE FACT THE LENDER ASKED US TO DO SO. SO A LITTLE BIT HISTORY ABOUT THIS PROPERTY IS THEY BOUGHT THIS BACK IN OCTOBER, 2020, UH, 2021. UH, KNOWING THE FACT THIS IS AN EXISTING TRIPLEX, THAT THAT HAS BEEN RENTED FOR A LONG TIME AND ALL THE TENANT THERE HAS LIVED THERE FOR MORE THAN 10 YEARS, HAD VERIFIED THAT THIS HAS ALWAYS BEEN A TRIPLEX WHEN THEY LEAVE IT THERE. SO DURING THE PROCESS OF DOING APPLICATIONS, I WERE ABLE TO SHOW THE, UH, CT, THE LETTER FROM CPS THAT HAVE THE THREE METER, ELECTRIC METER HAS BEEN PROPERLY SET UP AND CONTINUOUS, UM, BEEN ACTIVE RENTED AT THE TRIPLEX. AND I HAVE ALSO HERE PROVIDE THE SURVEY, UH, SHOWN THAT, UM, THE SURVEYOR COME OUT AND SHOW THIS IS A TRIPLEX. UM, AND THE LETTER OF THE CPS SHOWING, UM, IT HAS BEEN CONTINUOUSLY, UH, SERVED AT THE TRIPLEX IN 2002. UM, THE APPRAISAL FROM [03:20:01] THE RECENT, UM, UNSUCCESSFUL SALE, THE BUYER ORDER AND SHOW, THIS IS ALSO A TRIPLEX FOR THE PROPERTY. UM, SO WHATEVER I CAN PULL UP TO KIND OF SHOW THE PROPERTY ITSELF, WHEN THEY BOUGHT IT, IT'S ALREADY HAD THREE UNIT AND IT HAS BEEN RENTED THREE UNIT, UH, SINCE UH, 2002 PER THE CPS LETTER. OKAY. ALL RIGHT. SO I'LL START OFF WITH SOME, SOME QUESTIONS. SO I JUST, I, I WENT INTO BCA D AND THIS THING IS SHOWING, UH, THAT, THAT, UH, IT ONLY REFLECTS TWO LIVING AREAS. HOW LONG HAVE THERE BEEN THREE THERE? 'CAUSE IT WAS BUILT IN 1948 AND IT, AND IT DOES SHOW THERE TO ONLY BE TWO. SO WHEN WAS THE THIRD UNIT ADDED? I HAVE NO CLUE. WHEN THEY BOUGHT IT BACK, IT'S ALREADY THREE UNIT AND NOW IT'S THE, THE PREVIOUS OWNERS, THE TENANT LIVED THERE FOR, UH, 16 G PLUS. THEY SAID IT'S ALWAYS THREE UNIT. SO I DON'T KNOW HOW TO PROVE IT IS A . SO THAT'S THE, SEE THAT'S THE ISSUE IS THAT, YOU KNOW, SO YOUR, YOUR FRIEND HAS OWNED IT SINCE 2021? YEAH. OKAY. YEAH. AND THE CITY IS SAYING THAT, YOU KNOW, WELL IT WAS BUILT IN 1948, BUT WHEN DID IT, IT WAS ANNEX AT, AT 47. YEAH, IT AND NEXT IN 47, BUT NO. YEAH. SO ON THE DENIAL LETTER, THE CITY IS SAYING, UM, WHEN WAS THIS THE NEXT STAFF? UH, 48. 1948. OKAY. I'M SORRY, ANN. NEXT ON 47. 47. SO THIS HAS BEEN IN THE CITY LIMITS A VERY LONG TIME. AND I MEAN THIS, THIS, UH, IS THERE ANY CON, IS THERE ANY, UM, IF SHE COULD GO, IF SHE COULD PROVE THAT IT WAS THREE UNITS FOR, IS THERE A DATE WHERE Y'ALL WOULD EVER GIVE THIS TO THE APPLICANT? NO, BECAUSE THE FACT THAT IT WAS NEVER PERMITTED MORE THAN TWO UNITS EVER IN ITS ZONING HISTORY. UM, EVEN IF THEY PROVED THAT IT'S BEEN THREE UNITS SINCE 1978, IT WAS STILL NOT PERMITTED. LIKE IF IT WAS, IF IT USED TO BE ZONE C OR, UM, YEAH, SOMETHING LIKE THAT. I, I DIDN'T KNOW IF YOU HAD SOME 30 YEAR OR 40 YEAR NUMBER THAT IT JUST DIDN'T MATTER, BUT OKAY. , MANNA, COMMISSIONER, MANNA. SO, SO THE WORKFLOW FOR GETTING A METER ATTACHED, CAN I JUST ADD TWO OR THREE METERS TO MY HOME AND THE CITY WOULDN'T SAY ANYTHING ABOUT IT? NO, THAT'S, UM, WE DON'T KNOW HOW THE CPS APPROVED THAT THIRD METER. UM, I THINK IT WAS DONE IN 2001 IF I REMEMBER CORRECTLY. UM, SOMETIMES IT GOES OFF OF A SECOND, UH, METER THAT THEY WERE TURNING OFF, BUT I, I'M NOT SURE EXACTLY WHAT HAPPENED AND HOW THEY GOT THAT THIRD METER, BUT IT WAS NEVER PERMITTED. HMM. AND, AND THIS SITE, THERE'S THREE KITCHENS, THREE BATHROOMS. THREE BEDROOMS, YES. ? YES. OKAY. THAT, THAT IS, UH MM-HMM . I'M SORRY. UM, SO THE UNIT ONE IS HAD TWO BEDROOM, ONE BATHROOM, ONE KITCHEN, AND THIS UNIT TWO, IT HAVE ONE BEDROOM, ONE KITCHEN AND ONE BEDROOM. AND EACH THEY HAVE THEIR OWN ENTRY AND THE BACK DOOR, THEY HAVE SEPARATE, UM, BACKYARD, UH, NOT BACKYARD, BUT THE BACK DOOR COME IN BACK. THEY HAVE, AND THEY HAVE THREE GARAGES ON, NOT THREE GARAGES, BUT THEY HAVE THREE SEPARATE PARKING ENTRANCE FOR EACH UNIT. YEAH. OKAY. MM-HMM . COMMISSIONER ZUNA, I HAD A QUESTION FOR STAFF. I MEAN, I'M ASSUMING THIS IS NO, BUT WAS THERE ANY BUILDING PERMIT THAT WAS SOME FILE FOR THE UNIT THREE THAT WOULD'VE BEEN AFTER 1947 OR SOMETHING? OR WE, WE DID NOT FIND ANY BUILDING PERMITS ASSOCIATED WITH THIS PROPERTY. SO IT, IT SOUNDS ALMOST LIKE THIS UNIT THREE WAS PROBABLY BUILT WITHOUT A PERMIT AND SOMEHOW GOT THE ELECTRICAL SERVICE WITHOUT A BUILDING PERMIT. AND WITH THAT SAID, I MEAN, HOW DO WE KNOW THAT IT, UH, IS UP TO BUILDING CODE FOR THAT MATTER? YEAH. WELL ONE, ONE THING I'D LIKE TO ADD IS, UH, WHEN YOU DO PULL A PERMIT, THE, [03:25:01] THE BE A SEEMS TO KNOW ABOUT THEM PRETTY QUICKLY. I MEAN, I KNOW WHEN I COVERED MY PORCH, THEY SHOWED UP TO LOOK AT IT. IT'S NOT ON THERE. RIGHT. IT'S NOT ON HERE. SO THEY, THEY BE A IS ONLY SHOWING, WELL TWO LIVING AREAS, BUT ONE LIVING AREA IS ONLY 20 FEET SQUARE FEET. SO I DON'T KNOW WHAT'S HAPPENING, SO YEAH. ALRIGHT. UH, IS THERE ANY VOICEMAILS, ANYONE SIGNING TO SPEAK? UH, NO PUBLIC COMMENT. OKAY. IS THERE ANY YES, COMMISSIONER Z? MY QUESTION IS, SO IF WE, LET'S SAY WE DENY I GUESS THEIR GRANT FOR APPEAL, THEN WHAT IS THE PROCESS FOR THE APPLICANT TO, IS WOULD THE APPLICANT JUST HAVE TO GET RID OF? WE SUGGESTED TO REZONE AFTER WHEN THIS WAS ORIGINALLY DENIED. UM, THAT'S WHAT WE SUGGESTED TO THE APPLICANT, BUT WE ALSO SUGGESTED, WE ALSO NOTIFIED THEM THAT THEY CAN APPEAL OUR DECISION. SO. UNDERSTOOD. YEP. ALRIGHT, SO THERE'S NOTHING ELSE MANNA, SO EXPLAIN, SO I DIDN'T QUITE UNDERSTAND, UH, THEIR, THEIR ROUTE. UH, SHOULD THIS BE DENIED? SO THEY CAN DO WHAT NOW? I'M SORRY. THERE WERE TWO OPTIONS. UM, SHE COULD APPEAL OUR DECISION AND OR SHE COULD REZONE. YEAH, SO WHAT SHE'S LEFT WITH, IF THIS GETS DENIED IS HAVING TO GO TO THE ZONING COMMISSION AND COUNSEL FOR, SO REZONE WOULD BE TO AN RM STATUS OR EITHER THAT OR TO AN R FOUR CD, AN R FOUR C. OKAY. AN R FOUR CD. OKAY. AND THEN, UM, BUT BY, BUT WITH MY INITIAL QUESTION BY RIGHT, THE DUPLEX IS PERMITTED HERE ON THIS PROPERTY, RIGHT? THAT'S CORRECT. AND I THINK WHERE THIS, YOU KNOW, PROBABLY WENT AWRY IS, IF YOU LOOK AT IT, IT LOOKS LIKE ONE LARGE HOME, IT DOESN'T LOOK LIKE THREE. AND SO SOMEWHERE ALONG THE WAY THE EXTRA UNITS GOT ADDED. I, I THINK IT LOOK, I THINK THE FRONT LOOKS LIKE IT'S DUPLEX IF I REMEMBER CORRECTLY. YEAH, THERE'S A DOOR ON THE FRONT ON EITHER SIDE. IS THAT BACKWARDS? I THINK IT WAS BUILT AS A DUPLEX JUST AT SOME POINT THE RIGHT DUPLEX DECIDED TO BUILD ANOTHER ONE. OKAY. WELL I'M LOOKING FOR A MOTION. IT'S A SHORT ONE. BRAGMAN COMMISSIONER BRAGMAN REGARDING CASE NUMBER BO A DASH 24 DASH 0 3 0 0 2 3 9. A MOVE TO THE BOARD OF ADJUSTMENT GRANT, THE APPEAL FOR THE PROPERTY SITUATED 2 4 5 6 CINCINNATI AVENUE, APPLICANT BEING LYNN VO BECAUSE THE INFORMATION PROVIDED THE BY THE APPLICANT SHOWS THE CITY STAFF MADE AN ERROR IN THE DENIAL OF A NON-CONFORMING USE. END OF MOTION. IS THERE A SECOND? SECOND. SECOND BY COMMISSIONER AMANDA. COMMISSIONER BRAGMAN. UM, UH, GIVEN THAT THERE IS ANOTHER OPTION FOR THE APPLICANT, I'M GONNA HAVE TO SAY NO I DON'T, UM, AGREE WITH GRANTING THE MOTION. COMMISSIONER AMANDA, I CONCUR WITH MY COLLEAGUE. ALRIGHT, ANYONE ELSE HEARING UNANIM? HAVE A ROLL CALL. VOTE IF YOU VOTE. YES. UH, YOU ARE VOTING SIDING WITH THE APPLICANT IF YOU VOTE. UH, NO. YOU ARE, UM, SIDING WITH THE CITY AND DENYING THE APPEAL. AND I DO WANNA MENTION SOME OF THE EVIDENCE YOU PROVIDED. DID HAVE A SURVEYOR WHO LOOKED AT THE PROPERTY AND DID DOCUMENT THAT IT WAS A TRIPLEX. MM-HMM . AND THAT'S A SURVEYOR WHO LOOKED AT IT. MM-HMM . YOU KNOW, WELL IT IS A TRIPLEX BUT THE QUESTION IS, WAS HE BUILT WITH BUILDING PERMIT? YEAH, BUT I JUST KEEP THAT EVIDENCE IN MIND AS YOU VOTE. OKAY. WEIGH THAT OUT. RIGHT. LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER BRAGMAN? NO. COMMISSIONER MENA? NO. COMMISSIONER BARRINGTON? NO. COMMISSIONER STEVENS. I SECOND CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER CRUZ. COMMISSIONER CRUZ. I DIDN'T HEAR YOU. SORRY. UH, NO. COMMISSIONER BENAVIDES? NO. COMMISSIONER OZUNA? NO. COMMISSIONER VASQUEZ? NO. CHAIR ORIAN AND NO. SO THE ITEM FAILS EIGHT TO THREE. I APOLOGIZE IF YOU HAVE ANY QUESTIONS, GET WITH STAFF. MOTION TO RECONSIDER . OKAY, . THANK YOU. YOU WEREN'T IN THE AFFIRMATIVE. THANK. YEAH. THANK YOU FOR YOUR TIME. OKAY. MM-HMM . OKAY, THANK YOU. ALL RIGHT, WE'RE MOVING ON TO ITEM NUMBER 13 4 1 1 OH WHITEFIELD ROAD. BO OA 24 1 0 3 0 0 2 4 2 4 1 1 0 WHITEFIELD ROAD COUNCIL DISTRICT TWO APPLICANT IS BROWN AND MCDONALD. P-L-L-C-A REQUEST FOR A TWO FOOT FENCE VARIANCE FROM THE MAXIMUM EIGHT FOOT HEIGHT TO ALLOW A 10 FOOT MASONARY FENCE ALONG THE SOUTH [03:30:01] AND REAR YARD. SOUTHWEST AND SOUTHEAST PORTION OF THE PROPERTY. ZONING IS C TWO CD WITH A CONDITIONAL USE FOR MANUFACTURED HOME OVERSIZED VEHICLE SALES, SERVICE, AND STORAGE. SUBJECT PROPERTY IS LOCATED AT THE INTERSECTION OF WHITEFIELD ROAD AND I 10 EAST ACCESS ROAD. THE PROPOSED FENCE IS FOR MANUFACTURED HOME OVERSIZED VEHICLE SALES, SERVICE AND STORAGE. THE APPROVED CONDITION USE IS CONSIDERED AN INDUSTRIAL USE, WHICH PERMITS AN EIGHT FOOT PRIVACY FENCE. ADDITIONALLY, THE LOT IS A BUDDING RESIDENTIAL PROPERTIES, WHICH ALSO ALLOWS AN EIGHT FOOT PRIVACY FENCE ON THE SIDE AND REAR YARDS. THE REQUEST IS FOR A ZONING VARIANCE AS A FENCE HEIGHT. SPECIAL EXEMPTION ON THE COMMERCIALLY ZONED PROPERTY IS LIMITED TO NINE FEET PER SECTION 35 3 9 9 0.04 OF THE UDC. THIS IS THE SITE PLAN. THE YELLOW PART IS JUST SHOWING WHERE THE FENCE, THE PROPOSED FENCE WILL BE ON THE PROPERTY. AND THIS IS THE SUBJECT PROPERTY AND THIS IS THE SURROUNDING AREA. STAFF RECOMMENDATION FINITE VARIANCE STAFF RECOMMENDS APPROVAL AND BO OA 24 1 0 3 0 0 2 4 2. BASED ON THE FOLLOWING FINDINGS, THE PROPOSED VARIANCE WILL ADD PRIVACY AND SECURITY TO THE SUBJECT PROPERTY. THE SURROUNDING PROPERTIES ARE COMMERCIAL AND RESIDENTIAL PROPERTIES AND THE PROPERTY HAS AN APPROVED CONDITIONAL USE FOR MANUFACTURED HOME OVERSIZED VEHICLE SELF SERVICE AND STORAGE NOTIFICATION PLAN, 74 NOTICES WERE SENT OUT. ONE IN FAVOR, ZERO IN OPPOSITION. THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET AND NO RESPONSE FROM THE SAN ANTONIO COMMUNITY ORGANIZATIONS. AND SO I BROKE DOWN THE MAP 'CAUSE IT'S A BIG PROPERTY. SO THAT'S WHERE THE ONE, UM, IN FAVOR PROPERTY OWNER IS, UM, FOR THE PROPERTY. AND HERE IS THE, UH, IN FAVOR AND THIS CONCLUDES STAFF'S PRESENTATION. APPLICANT IS AVAILABLE. ALRIGHT, LET'S HAVE THE APPLICANT COME FORWARD. STATE YOUR NAME, TELL US ABOUT YOUR FENCE. OF COURSE. GOOD AFTERNOON. MY NAME IS MIA MURRAY WITH BROWN MCDONALD LAW FIRM, UM, 100 NORTHEAST LOOP FOUR 10. AND WE'RE HERE ON BEHALF OF THE APPLICANT. JUST A LITTLE BACKGROUND, WE AGREED TO SUBMIT THIS VARIANCE REQUEST AS PART OF OUR NEGOTIATIONS WITH COUNCILMAN MCKEE RODRIGUEZ, UM, FOR THE REZONING AND VOLUNTARY ANNEXATION OF THE PROPERTY THAT HAD JUST GOT APPROVED NOVEMBER 21ST. UM, SO WE ARE HERE AND WE JUST DEFER TO YOUR JUDGMENT WHETHER Y'ALL FEEL THAT THIS IS AN APPROPRIATE VARIANCE AND WE'RE HERE TO ANSWER ANY QUESTIONS. OKAY. UM, JUST, IS THERE ANY, UH, ONE TIME TO SPEAK OR ANY VOICEMAILS ON THIS ONE? NO. OKAY. SO I'M GONNA START OFF ON THIS. UM, THIS IS FIRST DIRECTED TO STAFF. YOU KNOW, WHEN WE HEAR, UH, ANYTHING 10 FEET TALL IS USUALLY BECAUSE IT'S NEXT TO A CPS SUBSTATION OR A METAL RECYCLING PLAN OR SOMETHING, UH, A LITTLE MORE INTENSE. UM, WHEN I LOOK AT THE SITE PLAN, BECAUSE IT'S GOT A CD, THEY HAVE TO FOLLOW THIS, THIS IS THE SITE PLAN FROM THE ZONING CASE, CORRECT? CORRECT. RIGHT. SO THEY, SO YOU KNOW, THIS THIS THING IS REFLECTING A A AGAINST A MAJORITY OF THE FENCE OF SUBSTANTIAL AMOUNT OF, OF PERVIOUS COVER LANDSCAPING. I'M ASSUMING THERE'S WHAT, A 15 OR A 20 FOOT BUFFER REQUIREMENT HERE? C TWO TO R FOUR. OH, I DID C TWO DID, YES. MM-HMM . AND SO WHY, WHY DO YOU NEED 10 FEET? I MEAN, THAT'S USUALLY RESERVED FOR SOMETHING PRETTY HEAVY DUTY. YES. SO AGAIN, WE BROUGHT THIS REQUEST, UM, BASED OFF OF OUR NEGOTIATIONS WITH COUNCILMAN, UH, MICKEY RODRIGUEZ. AND YOU'RE NOT ASKING FOR A WOOD FENCE, YOU'RE ASKING FOR A MASONRY WALL. YES, THAT IS CORRECT. OKAY. ALRIGHT. MANNA COMMISSIONER MANNA. SO, UM, DO YOU HAVE INSIGHT WITH REGARDS TO, UH, THE COUNCIL PERSON WHETHER OR NOT THEY RECEIVE FEEDBACK FROM THE BUDDING COMMUNITY AND, AND BASICALLY HE'S REFLECTING THEIR DESIRES? UM, YOU KNOW, ARE YOU ABLE TO COMMENT ON THAT? SO THE COUNCILMAN HOSTED A MEETINGS WITH THE NEIGHBORHOOD THAT WE WERE NOT PRIVY TO, SO I COULDN'T SAY EXACTLY WHAT THOSE COMMENTS WERE. OKAY. SO PRIOR TO THE MEETING, UH, WAS IT, UH, THEY WERE OKAY WITH EIGHT FEET THEN AFTER THE MEETING THEY WANTED THE 10 FEET, YOU KNOW, SO JUST, YOU KNOW, MAYBE A TIMELINE PERSPECTIVE OF WHEN, WHAT ABOUT, YOU KNOW, WHAT CAME ABOUT? OF COURSE. SO THIS WHOLE PROCESS TOOK ABOUT EIGHT AND A HALF MONTHS FROM WHEN WE SUBMITTED OUR APPLICATION TO, UM, CITY COUNCIL APPROVAL. AND INITIALLY WHEN WE DID HAVE NEIGHBORHOOD MEETINGS, WE DISCUSSED A EIGHT FOOT MASONRY, BUT IT'S ALWAYS BEEN MASONRY EIGHT FOOT. BUT TOWARDS THE END OF THE PROCESS IS WHEN THE COUNCILMAN HAD REQUESTED THAT 10 FOOT. OKAY. SO FOR THE BENEFIT OF THE COMMISSION, I I, I MEAN I'VE BEEN ON THIS THING FOR A LONG TIME AND WE'VE SEEN PEOPLE NEXT [03:35:01] TO COMMERCIAL PROPERTIES LIKE OVER AT THE VINEYARDS WHERE THE COMMERCIAL VERSUS RESIDENTIAL RESIDENTIAL STOPS. AND WE'VE HAD THE, SOMEBODY ASK FOR THAT EIGHT FOOT FENCE. EIGHT FEET IS WHAT THE CODE SAYS IS APPROPRIATE WHEN YOU'RE NEXT TO SOMETHING COMMERCIAL, 10 FEET. AGAIN, IF YOU'VE GOT A MOTORCYCLING PLACE AND YOU'VE GOT LARGE EQUIPMENT AND NOISES AND WHATEVER, I CAN SEE IT. BUT IN THIS CASE, I MEAN, I'M LOOKING AT THIS CONDITIONAL USE SITE PLAN. THIS IS SOMETHING THAT HAS TO BE FOLLOWED. THERE'S SO MUCH SPACE, THIS IS COMPLETELY UNWARRANTED TO ME. I, I CAN'T, SO CHAIRMAN, COULD THERE'S THERE POTENTIALLY BE TOPOGRAPHY ISSUES THAT REQUIRE THE 10 FOOT. IS THIS SITE LIKE GOT A LOT OF TOPOGRAPHY CHANGE OR IS IT RELATIVELY FLAT? NO, IT'S RELATIVELY FLAT. UM, YOU CAN SEE IN THE PHOTOS AND ALSO JUST BASED OFF THE SITE PLAN, LIKE WE'VE ALREADY AGREED TO A 200 FOOT, UM, MINIMUM SETBACK, BUT REALLY, I MEAN, I'M NOT AN ENGINEER, BUT WHEN YOU MEASURE IT'S ANYWHERE FROM 375 TO OVER A THOUSAND FEET DEPENDING ON DIFFERENT LOCATIONS OF THE HOUSES AND EVEN ON THE AERIAL, A LOT OF THESE HOMES, UH, ON THE LEFT SIDE ARE PRETTY CLOSE TO THE BACK FENCE. I MEAN, IT'S GONNA KIND OF MAKE IT BE LIKE A PRISON BACK THERE. I MEAN, I AND JUST DEAN, DEAN, COMMISSIONER, DEAN. SO WHAT, HOW MUCH IS THE VALUE OF THE ASSETS YOU'RE TRYING TO PROTECT? OH GOODNESS. MULTIPLE MILLIONS. I MEAN, THIS IS DOGGETT FREIGHT LINER AND SO THIS IS LIKE THE CAB AND SOME OF THEM RUN FOR 250,000 IF NOT MORE. SO WOULD THAT BE THE REASON WHY YOUR CLIENT IS LOOKING FOR A 10 FOOT FENCE? NO, AGAIN, WE ARE BRINGING THIS, UM, AT THE DIRECTION OF COUNCILMAN RODRIGUEZ. UH, MICKEY RODRIGUEZ. OKAY. RIGHT. AND TO CLARIFY, JUST SO YOU GUYS KNOW, COUNCIL CAN APPROVE UP TO EIGHT FEET, BUT THEY CANNOT APPROVE BEYOND THAT. THAT'S YOUR PURVIEW. BUT THEY, THEY HAVE EIGHT FEET BY RIGHT? BECAUSE THEY'RE C TWO ABUTTING R FOUR. CORRECT. NOW CAN THE SEAT, CAN THE R FOUR BUILD AN EIGHT FOOT FENCE BY RIGHT? OR DOES IT HAVE TO BE THIS EITHER OR CAN DO IT? NO, THEY CAN. YEAH, THE, SO EITHER CAN DO AN EIGHT FOOT MM-HMM . OKAY. MANNA COMMISSIONER MANNA. THEN THERE'S ONE, ONE POINT IN THERE ABOUT THE NINE FOOT. SO I DID UNDERSTAND THAT. SO I TALKED ABOUT A NINE FOOT, UM, IN THE PRESENTATION. AND SO, UM, I SWEAR I SAW NINE FOOT, THEREBY BY I'M NOT, OH, GIMME ONE SECOND. YEAH, IT SAYS LIMITED TO NINE FEET. OH. SO THE, UM, THE SPECIAL EXEMPTION IS LIMITED TO NINE FEET. ONCE THEY WENT ABOVE NINE FEET. IT'S A VARIANCE, NOT A SPECIAL EXEMPTION. THAT'S ALL THAT WE'RE TRYING TO SAY. OH, OKAY. CRITERIA OF REVIEW CHANGES FROM SPECIAL EXEMPTION TO A VARIANCE. OKAY. WELL, I MEAN, AGAIN, I CAN'T OH, MS. CRUZ. YES. COMMISSIONER CRUZ. UM, MY QUESTION IS, WHAT, WHICH IS THE NEIGHBORHOOD THAT'S BEHIND WHAT THEY'RE TRYING TO BILL? WHAT'S THE NAME OF THE NEIGHBORHOOD? IT IS PO OR WHAT'S THE AREA? IT IS PALOMA SUBDIVISION. THEY ARE NOT A REGISTERED NEIGHBORHOOD, BUT IT'S A SUBDIVISION. SO HOW MANY HOMES ARE IN THERE? OH, UM, YOU MUST BE WANTING THE 10 FEET FOR A SPECIFIC REASON. THAT'S WHAT I'M TRYING TO FIGURE OUT. UM, I AM NOT SURE ON THE TOTAL NUMBER OF HOMES. I WOULD ASSUME DEFINITELY OVER A HUNDRED HOMES. YEAH. ACCORDING TO JUST LOOKING AT THE PICTURE THEY'RE SHOWING NOW, THERE IS QUITE A FEW HOMES IN THERE. THAT'S WHAT MY CURIOSITY IS. UH, YEAH, I MEAN I, MY STANCE ON THIS, I'M JUST GONNA TELL YOU, I 10, A 10 FOOT HIGH FENCE OR WALL TO ME IS ONLY RESERVED FOR THOSE INTENSE USES. AND THIS ISN'T ONE OF THEM. THIS IS AN INTENSE USE. NOT WHEN THEY HAVE A 200 FOOT SET, MILLIONS OF DOLLARS OF ASSETS. SO, WELL JOBS MANNA, SO COMMISSION. SO I GUESS I, YOU, MY POSITION I GUESS IS THAT THERE IS A REQUEST FROM THE COUNCIL PERSON WHO LIKELY GOT INPUT FROM THE COMMUNITY, WHICH IS I WOULD SAY PROBABLY CLOSER TO 400 THOU OR 400 HOMES. UM, AND IS WHAT'S BEING REPRESENTED HERE. AND SO, WELL, I I'M JUST NOTICING ABOUT 40 HOUSES AND I KNOW I WOULDN'T WANT A 10 FOOT FENCE UNDER ANY CIRCUMSTANCES BEHIND MY HOUSE UNLESS IT WAS A RECYCLING PLANT OR SOMETHING. SO I MEAN, I, I, I JUST, I I, I MEAN YOU ONLY HEARD FROM ONE HOMEOWNER OUT OF ALL THOSE HOMEOWNERS, THEY'RE TALKING ABOUT A 10 FOOT MASONRY WALL. I MEAN THAT'S, THAT'S A, THAT'S, THAT'S ROUGH. COMMISSIONER BRAGMAN. YEAH, BUT WHAT'S THE DIFFERENCE BETWEEN THAT AND, AND A ROCK WALL? THAT'S BY NATURE, IT'S BEEN CARVED OUT. SAME. WELL, I JUST, I JUST, I DON'T KNOW. I JUST CAN'T GET BEHIND IT. I JUST THINK IT'S RESERVED FOR BEN COMMISSIONER BETIS. I, I'LL HAVE TO AGREE. UM, [03:40:01] WITH CHAIR ALL, UM, 10 FOOT, I MEAN, I REMEMBER THE HOUSE THAT WE, THE HOME THAT WE HAD IN DISTRICT TWO WHO, UH, YOU KNOW, AND ALL THE NEIGHBORS CAME OUT THAT IT LOOKED LIKE A PRISON. THERE'S A 200 FOOT, UM, BUFFER HERE. UM, AND YOU'RE RIGHT, ALL OF THOSE REQUESTS WENT OUT TO THE NEIGHBORHOOD AND ONLY ONE, ONE OUT OF ALL OF THEM RESPONDED. I'M NOT SURE THAT, I MEAN, IS, THAT IS LARGELY, I MEAN, WE ALSO HEARD, WE ALSO HEARD ABOUT THE PREDOMINANTLY OPEN FENCE FROM THE LADY WITH A LARGE LOT AND SHE GOT SUPPORT AND WE WERE, THIS BOARD WAS HESITANT TO GIVE HER ANYTHING OVER EIGHT FEET. I MEAN, SO I WAS, THIS IS JUST, I DON'T KNOW, THIS ISN'T TYPICAL FOR WHAT WE USUALLY SEE. I JUST, I DON'T WANNA START, I DON'T WANT SOMEONE TO COME UP HERE AND SAY, HEY, I'D LIKE A 10 FOOT FENCE TOO. AND I JUST, I, AND, AND I HAVE A 200 FOOT SETBACK AND 30 OR 40 FEET OF LANDSCAPING. I MEAN, I JUST CAN'T DO IT. P ZUNA COMMISSIONER ZUNA, THAT'S A QUESTION FOR THE APPLICANT. KIND OF WHAT WOULD BE THE HARDSHIP IF THE 10 FOOT VARIANCE REQUEST WOULD BE DENIED? WHAT WOULD THE IMPACT BE TO THE SITE PLAN OR TO THE COUNCILMAN'S REQUEST? OR WHAT WOULD, I'M JUST TRYING TO UNDERSTAND THE RAMIFICATIONS OF A DENIAL. UH, THERE WOULDN'T BE ANY, UM, THERE IS A PRIVATE AGREEMENT IN PLACE, SO WE WOULD FOLLOW THE TERMS OF THAT STEVENS COMMISSIONER STEVENS, IS THERE ANY EVIDENCE THAT THIS, THIS REQUEST ACTUALLY CAME FROM COUNCILMAN MCKEE RODRIGUEZ? 'CAUSE IF, IF I SAW THERE WAS PROOF OF THAT, THEN I, YOU KNOW, I WOULD BE IN FAVOR OF THIS BECAUSE HE'S BEHOLDEN TO HIS CONSTITUENTS AND I WOULD THINK THAT THIS IS WHAT THE NEIGHBORS WANT. BUT I, I JUST HAVEN'T SEEN ANY REAL PROOF OF THAT YET. UM, MY UNDERSTANDING IS NO, I DON'T BELIEVE ANYONE HERE FROM HIS OFFICE CAN CONFIRM. WELL, I DON'T FEEL COMFORTABLE SAYING STAFF DOES NOT HAVE ANYTHING IN THAT SORT OF LANGUAGE. ALRIGHT, WELL, I THINK, UH, IS THERE ANYTHING ELSE ANYONE WOULD LIKE TO ASK QUESTIONS OR CAN WE MOVE ON TO A MOTION? I I JUST WANTED TO COMMENT THAT, I MEAN, BY BUILDING AN EIGHT FOOT FENCE INSTEAD OF A 10 FOOT FENCE, IT'S GONNA SAVE THE COMPANY MONEY. IT'S A LOT CHEAPER TO BUILD AN EIGHT FOOT THAN A 10 FOOT. SO I, I DON'T KNOW THAT THEY WOULD GO OUT OF THEIR WAY TO REQUEST SOMETHING THAT'S GONNA COST MORE MONEY. MANNA, COMMISSIONER MANNA. SO, YOU KNOW, I THINK, YOU KNOW, FROM A NEIGHBORHOOD PERSPECTIVE, UM, I THINK THAT IF I HAD A COUNCIL PERSON REPRESENTING ME AND MAKING REQUEST, YOU KNOW, THAT I MAY NOT RESPOND AS, AS DILIGENTLY AS A COMMUNITY AS I WOULD IF, YOU KNOW, I DIDN'T HAVE THAT SUPPORT. AND SO, SO I COULD SEE WHY IT IS THAT WE DIDN'T GET VERY MUCH RESPONSE FROM THE COMMUNITY ITSELF. AND I WOULD THINK THAT IF I WAS BEING TOLD, UM, THAT A 10 FOOT FENCE WAS GOING INTO MY BACKYARD AND I WAS IN OPPOSITION, I WOULD BE VOICING THAT QUITE A BIT. UM, AND SO, UM, AND YOU KNOW, A LOT OF NURSES WERE SENT OUT AND SO, SO I WOULD THINK THERE'D BE A WHOLE LOT MORE OPPOSITION IF IT TRULY WAS NOT A DESIRE FROM THAT COMMUNITY. I CONCUR WITH THAT. BRAGMAN COMMISSIONER BRAGMAN. I ALSO THINK THAT IF THEY WERE REALLY IN SUPPORT OF THIS, THAT THEY WOULD HAVE A REPRESENTATIVE FROM THE COUNCILMAN'S OFFICE HERE. I THINK SO TOO. OH, BESIDES, I, I, I DON'T FEEL COMFORTABLE SETTING A PRECEDENCE FOR PASSING A 10 FOOT FENCE UNDER, UNDER, UNLESS IT WAS AN EXTREME CONDITION. I DON'T SEE THIS AS ONE AND IT ONLY AFFECTS THOSE HOMES THAT IT ABUTS NOT THE OTHER 200 HOMES THAT ARE IN THIS NEIGHBORHOOD. YOU KNOW, IF, IF I LIVED ON THE OTHER SIDE OF THE STREET, WHAT DO I CARE? I DON'T HAVE TO LOOK AT IT. I GO INTO MY BACKYARD AND I SEE THIS THING, I'M IN JAIL. I JUST CAN'T DO, I MEAN, I HAVE AN EIGHT FOOT FENCE IN THE BACK OF MY HOUSE AND, AND, AND IT'S NICE AND ALL, BUT IF IT WAS 10 FEET I'D, IT WOULD MAKE ME UNCOMFORTABLE. BUT THAT'S JUST ME. ANYWAY. LET'S HAVE SOMEONE MAKE A MOTION ON THIS. I THINK WE ALL KIND OF HAVE OUR OPINIONS. WE CAN ALSO DISCUSS IT AFTER THE MOTION'S MADE. OKAY, BRAGMAN COMMISSIONER BRAGMAN REGARDING CASE NUMBER BO A DASH 24 DASH 0 3 0 0 2 4 2. I MOVE THE BOARD OF ADJUSTMENT GRANT OR REQUEST FOR A TWO FOOT VARIANCE FROM THE MAXIMUM EIGHT FOOT HEIGHT TO ALLOW A 10 FOOT MASONRY FENCE ALONG THE SIDE AND REAR YARD, SOUTHWEST AND SOUTHEAST PORTION OF THE PROPERTY SITUATED AT FOUR TEN FOUR ONE ONE ZERO WOLD ROAD. APPLICANT BEING BROWN AND MCDONALD, PLLC. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOWED THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE REQUESTED VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS IT IS ABUTTING THE REAR PROPERTY LINES OF RESIDENTIAL LOTS. TWO, DUE TO [03:45:01] SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN REDUCED SOUND AND VISUAL BARRIERS FOR THE RESIDENTIAL LOTS. THREE, BY GRANTING THE VARIANCE TO THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED VARIANCE WILL ALLOW A HIGHER SIDE AND REAR PRIVACY FENCE, WHICH WILL OBSERVE THE SPIRIT OF THE ORDINANCE THAT PROMOTES HIGHER FENCES ON INDUSTRIAL USES AND AGAINST RESIDENTIAL LOTS. 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. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE VARIANCE WILL PROMOTE THE USE OF ADJACENT PROPERTIES AND THE ESSENTIAL CHARACT OF THE DISTRICT BY PROVIDING ADDITIONAL BARRIERS BETWEEN THE INDUSTRIAL USE AND THE RE RESIDENTIAL PROPERTIES. SIX. THE PLIGHT, THE OWNER OF THE PROPERTY, WHICH VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE P TO THE OWNER OF THE PROPERTY, WHICH VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS A BUDDING ESTABLISHED RESIDENTIAL USES. END OF MOTION. SECOND. SECOND BY COMMISSIONER MENEZ. COMMISSIONER BRAGMAN. UM, I, I WILL NOT BE IN SUPPORT OF THE MOTION. I TEND TO AGREE WITH, UM, CHAIR THAT 10 IS EXCESSIVE AND IF THE COUNCILMAN WAS, UM, SO SUPPORTIVE OF THIS THAT I WOULD THINK THAT HE WOULD HAVE A REPRESENTATIVE FOR HIMSELF, UH, BE HERE TO, UM, VOICE SUPPORT. SO I WILL NOT BE IN SUPPORT. COMMISSIONER BENAVIDES, I'LL AGREE WITH MY, MY COLLEAGUE. I, I, I THINK IN THE PAST WE HAVE, UM, ONLY SUPPORTED 10 FEET, UH, A 10 FOOT FENCE WHEN IT'S ABSOLUTELY NECESSARY. AND I DON'T, I DON'T THINK THAT IN THIS CASE IT IS. AND I AGREE WITH MY COLLEAGUE THAT I THINK IF THE COUNCILMAN, UM, WAS, UM, IN SUPPORT OF THIS, AT LEAST HE SHOULD HAVE SENT US ONE OF HIS STAFF MEMBERS HERE. UM, AND I DON'T THINK THE, THE NEIGHBOR THERE WAS, THERE WAS NOT ENOUGH SUPPORT. WE HAD ONE RESPONSE BACK. SO I WILL NOT BE IN SUPPORT OF IT EITHER. ANYONE ELSE LIKE TO ADD AS HAVE VOTE PLEASE? COMMISSIONER BRAGMAN? I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ? NO, I DO NOT. CONCUR. COMMISSIONER BARRINGTON? NO, I DO NOT. CONCUR. COMMISSIONER STEVENS? NO, I DO NOT. CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER CRUZ? I DO NOT CONCUR. COMMISSIONER MANNA? I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER OZUNA? YEAH, I CONCUR. COMMISSIONER VASQUEZ? I DO NOT CONCUR. CHAIR ORIAN AND I DO NOT CONCUR. UH, MOTION FAILS FOUR TO SEVEN AND THAT LEAVES US [ Approval of Minutes  ] WITH THE MINUTES. DOES ANYBODY HAVE ANY LAST MINUTE ADJUSTMENTS? UH, MANAM. MR. MANAM? SO I HAD ONE SENT IN, I THINK, AND ONE, I GUESS MAYBE I, UH, WHEN MS. CRUZ UH, CHANGED, I THOUGHT IT WAS ON A DIFFERENT VOTE, BUT, BUT IF YOU, BUT IF YOU IT WAS THAT ONE. I'M, I'M GOOD. I WE DOUBLE CHECK THAT WHEN YOU SAID OKAY. SO, SO IT'S JUST ONE MINOR CHANGE IN OUTSIDE OF THAT? NO, I HAD SOME VERY MINOR CHANGES. I THINK THEY WERE ADDRESSED. UH, SO, SO I'D LIKE TO MAKE A MOTION TO APPROVE AS AMENDED. SO MOVED. ALL RIGHT. IS THERE SECOND? SECOND. SECOND BY COMMISSIONER BARRINGTON. ALL IN FAVOR SAY AYE. AYE. AYE. AYE. ANY OPPOSED? ALL RIGHT. MOTION PASSES. [ Director’s Report  ] MINUTES OR APPROVES THEIR DIRECTOR'S REPORT. UM, THE NEXT MEETING WILL HAVE YOUR NOMINATIONS FOR YOUR OH YEAH. 27TH FOR THE BOARD. YES. JANUARY 27TH. OKAY, COOL. UM, AND THIS, AND THEN LASTLY, WE ALL HAVE OUR FINANCIAL DISCLOSURE STUFF. WE CAN, WE ARE NOW ALLOWED TO FILE THOSE AS JANUARY. SO THEY'RE NOT DUE, IT SEEMS LIKE FOR A LONG TIME, BUT MIGHT AS WELL GET IT OVER WITH. RIGHT, RIGHT. THEY WANNA SEE THEM BY LIKE THE 31ST. I BELIEVE SO. OF THIS MONTH? YEAH. AWESOME. TAKE WE GOTTEN AN EMAIL ON THAT ALREADY. WELL, IT, IT'S, YOU KNOW, IT'S ODD. I I USUALLY DO MINE THIS WEEK AND, AND I IT'S THE SAME LOGINS, THE SAME EVERYTHING I, BUT FOR THOSE WHO, WHO MAYBE WHO DON'T, HASN'T DONE IT OFTEN ENOUGH. THERE'S YOU, YOUR LOGIN FROM LAST YEAR, IF YOU RECALL. HAS ANYBODY NEVER DONE ONE? HAS THERE BEEN, IS THERE SOMEBODY ON THIS COMMISSION NOW HAS NOT DONE A FINANCIAL DISCLOSURE, UH, SUBMITTAL USING THE WEBSITE. SO WE HAVE JUST ONE, [03:50:01] SO YEAH, I REMEMBER MY . OKAY. YEAH. SO IF, IF YOU COULD, IF YOU COULD MAYBE SEND OUT A REMINDER, 'CAUSE THAT'S NOT THROUGH YOU, THAT'S THROUGH, UH, CITY CLERK. YES. YES. BUT I THINK WE'VE ALREADY GOTTEN LIKE A GENERAL ONE OKAY. UH, THAT THEY'VE SENT. SO WE'LL SEND, SEND YOU ONE. DID YOU EMAIL, DID WE RECEIVE IT IN THAT EMAIL? YOU KNOW, I, I DON'T EVEN REMEMBER IF I GET AN EMAIL OR WHEN I GET AN EMAIL, BUT MAYBE A REMINDER WITH WHO WE NEED TO CONTACT IF WE NEED TO REFRESH OUR LOGIN AND PASSWORD. NO PROBLEM. WE'LL EMAIL IT TO YOU. OKAY. AWESOME. WELL, IF THERE'S NOTHING ELSE, UM, IT IS 5 0 4 AND WE'RE ADJOURNED. HAPPY NEW YEAR EVERYBODY. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.