[00:00:01]
[Call to Order]
THE BOARD OF ADJUST, OH, OH, EXCUSE ME, 1 0 1, WRONG TIME, WRONG TIME.AND, UH, BOARD OF ADJUSTMENT, UH, IS COMING INTO SESSION.
UM, BEFORE WE BEGIN, I'D, I'D LIKE EVERYONE TO SILENCE.
THERE'S THERE MOBILE DEVICES, CELL PHONES, PAGERS, OR ANY DEVICE THAT WILL MAKE NOISE.
THE MEETING OF THE BOARD, UH, WILL COME TO ORDER AS, UH, MONICA TAKES THE ROLL CALL.
ACTUALLY, BEFORE WE DO THAT, WE'D LIKE TO PLAY THE VIDEO RELATED TO SPANISH TRANSLATION SERVICES.
SO, MONICA, YOU PLEASE TAKE THE ROLE.
MS. FISHER AND MR. MARTINEZ PRESENT.
UH, WOULD YOU PLEASE STAND AND JOIN US IN THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES AND TEXAS FLAGS? BEFORE WE PROCEED WITH TODAY'S CASES, I WOULD LIKE TO OFFER A FEW WORDS OF EXPLANATION.
THE BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE AT THE TABLE OUT JUST OUTSIDE THIS BOARDROOM.
THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT'S AND THE STREET ADDRESSES.
FOLLOWING CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT.
LASTLY, AS CHAIR, I WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS.
I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS THE CHAIR, AND I WILL READ THEM AT THE APPROPRIATE TIME AT THE MEETING.
THE BOARD ROLES AND RESPONSIBILITIES, WE ARE A PRIVATE CITIZEN 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, IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW.
WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT AND DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES.
PACIFIC 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 CITY COUNCIL.
WE HAVE BEEN ON, WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIALS IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND AUTHORIZED VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35.
WE ALSO SERVE AS AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATORS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE.
IN ADDITION, WE HAVE THE POWER TO HEAR CASES IN ANY OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE.
THE BOARD'S DECISIONS AND APPEALS, 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 PETITIONED AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD.
ANY OPPOSITION TO THE REQUEST WILL BE PRESENT IN A, LIKE PRESENTED IN A LIKE MANNER AFTER EVERYONE HAS BEEN HEARD IN THE CASE, IT'LL BE CLOSED AND THE MEMBER OF THE BOARD WILL TO MAKE A MOTION.
EACH MEMBER WILL BE ASKED TO VOTE ON THIS MOTION.
IN ORDER FOR THE MOTION TO CARRY.
IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT,
[00:05:01]
WHICH IN THIS BOARD, WHICH IS NINE VOTES, THE BURDEN OF PROOF GRANTING THE RELIEF SOUGHT REST WITH, WITH THE APPLICANT.THE APPLICANT MUST PRESENT FACTS ON WHICH THE REQUEST RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEAL FROM THE ADMINISTRATIVE OFFICIALS.
SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT COURT OR COUNTY COURT OF LAW BASED ON THE RECORD OF THESE PROCEEDINGS.
APPEALS FROM THE BOARD'S DECISION REGARDING CHAPTER 28 ARE MADE TO CITY COUNCIL.
PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS OF YOUR CASE.
NOW, AS WE CONTINUE, I'D LIKE TO CONFIRM ALL THE APPLICANTS ARE PRESENT AT THE LIST.
I DON'T YOU HAVE A LIST? NO, I DON'T.
IT'S GOT, GOT A COPY OF THE AGENDA.
UH, APPEAL NUMBER, UH, OH EIGHT NINE.
UH, CASE NUMBER OH NINE NINE, WHICH IS JENNIFER ESTRADA.
CASE NUMBER IS, UH, 0 9 5 CARLOS AND M ESMERALDA CAMPOS CASE.
AND CASE NUMBER, UH, THAT WAS OH NINE FIVE AND OH AND 100.
PRESENT OR AS REPRESENTATIVE, THEY MAY BE PARKING.
PROBABLY BY THE TIME WE GET TO THAT ITEM WE'LL KNOW.
ALRIGHT, THAT WAS ON 900 1900 BLANCO ROAD ON CASE NUMBER OH NINE EIGHT.
CASE NUMBER OH NINE SIX REQUEST WILD OR F FRED, UH, REQUEST BY FREDERICK D.
1 0 1, DAMIAN BEN BENAVIDEZ, 1 0 2, MY MARY GARCIA AND 1 0 3, WHICH IS JOSE DEBBIE.
NOW THE, THE, UH, STAFF WILL MAKE A BRIEF PRESENTATION ON INSTRUCTING ON SP STREAKING TIME FOR THE WITNESSES.
STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST.
PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OR SPECIAL EXCEPTION AND PROPERTY WITHIN 200 FEET OF THE SUBJECT.
PROPERTY CHECK MARKS INDICATE THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND AN X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION.
IN ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST.
FOR THOSE THAT SIGNED UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE OR SPECIAL EXCEPTION, YOU WILL BE CALLED AN ORDER THAT YOU SIGNED UP TO SPEAK.
THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM OF THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION.
YOU'LL HEAR THIS, THIS, WHEN THERE ARE 30 SECONDS LEFT, YOU'LL HEAR ANOTHER BEEP AND WE WILL INFORM YOU THAT YOUR THREE MINUTES ARE UP.
FOR THOSE THAT WOULD LIKE TO GIVE THEIR TIME TO A SPEAKER, THAT SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVING THEIR TIME FOR A TOTAL OF NINE MINUTES.
THOSE GIVING UP THEIR TIME MUST BE PRESENT AND SIGNED IN TO SPEAK.
THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH AN OPPORTUNITY TO ADDRESS BOARD QUESTIONS.
AS CHAIRMAN, I MADE MENTION A PARTICULAR ITEM, UH, IN A PREVIOUS MEETING REGARDING A MISSILES OF PROPERTY.
I HAVE COMPLETELY, UH, RE RESEARCHED THE POSSIBILITY OF RECONSIDERATION AND THE INTEGRITY OF THE DECISION OF THE PREVIOUS MEETING WILL STAND.
HOWEVER, I'M GOING TO AT THIS TIME, IT IS,
[Additional Item]
UH, 1 0 11, 1 0 12.I'M MOVING THAT WE GO TO EXECUTIVE SESSION.
[00:10:01]
UH, THE EXECUTIVE SESSION OR THE PROPER SECTION? I'M LOOKING FOR THE FORM.THE TIME IS NOW, UH, 1 0 1 0 2 1 0 1 12.
ON SEPTEMBER 16TH, 2019, THE BOARD OF ADJUSTMENTS OF THE CITY OF SAN ANTONIO WILL NOW CONVENE IN EXECUTIVE SESSION PURSUANT TO THE TEXAS GOVERNMENT CODE ATTORNEY CLIENT CONSULTANT SECTION NUMBER, UH, 1 5 5 1 DASH 71.
THE TIME IS NOW 1:29 PM ON SEPTEMBER 16TH, 2 20 19, THE BOARD OF ADJUSTMENTS OF THE CITY OF SAN ANTONIO IS NOW RECONVENED IN OPEN SESSION.
NO OFFICIAL ACTION WAS TAKEN IN EXECUTIVE SESSION.
[2. 19-6902 BOA-19-10300089: A request by JD Dudley for 1) a 14’6” variance from the 15’ Type B landscape bufferyard requirement to allow a bufferyard to be 6” along 90’ of the south property line, and 2) a 8’ variance from the 15’ Type B landscape bufferyard requirement to allow a bufferyard to be 7’ along 165’ of the south property line, located at 1901 Southwest Military Drive. Staff recommends Denial with an Alternate Recommendation. (Council District 3) (Debora Gonzalez, Senior Planner (210) 207- 3074, debora.gonzalez@sanantonio.gov, Development Services Department)]
TO OUR FIRST CASE WAITING FOR HENRY GOOD AFTERNOON BOARD.UH, FIRST CASE IS B O A 19 1 0 3 0 0 0 8 9 IS SIR REQUEST FOR ONE A 14 FOOT SIX INCH VARIANCE FROM THE 15 FOOT TYPE B LANDSCAPE BUFFER YARD REQUIREMENT TO ALLOW A BUFFER YARD TO BE SIX INCHES ALONG 90 FEET OF THE SOUTH PROPERTY LINE AND TWO A AN EIGHT FOOT VARIANCE FROM THE 15 TYPE B LANDSCAPE BUFFER YARD REQUIREMENT TO ALLOW A BUFFER YARD TO BE SEVEN FEET ALONG 165 FEET OF THE SOUTH PROPERTY LINE APPLICANT JD DUDLEY PROPERTY ADDRESS 1901 SOUTHWEST MILITARY DRIVE, SONY C THREE M D TWO MLR TWO A H LOCATION MAP WITH AN AERIAL PHOTOGRAPH.
THE SUBJECT PROPERTY IS CURRENTLY A CAR DEALERSHIP AND THE APPLICANT IS INTENDING TO REDEVELOP THE EXISTING SITE INTO A QUICK TRIP GAS STATION.
THE APPLICANT STATES THAT DUE TO THE TIGHT PHYSICAL CHARACTERISTICS OF THE SITE, THEY DO NOT HAVE ENOUGH DEPTH TO PROVIDE THEIR REQUIRED LANDSCAPING WHILE MAINTAINING ADEQUATE LARGE DIMENSION THAT ALLOW FOR SAFE AND PROPER LOT CIRCULATION FOR FIRE TRUCKS, GASOLINE, TANKER TRUCKS, AND LARGE DELIVERY TRUCKS.
THERE IS THE SITE PLAN, SUBJECT PROPERTY, SUBJECT PROPERTY, SUBJECT PROPERTY AND NEIGHBORING PROPERTIES.
THIS IS THE PORTION OF THE SOUTH, UH, PROPERTY LINE THAT'S GONE THAT THEY'RE SEEKING THE LANDSCAPE OF A YARD REDUCTIONS, NEIGHBORING PROPERTIES ACROSS THE STREET THAT RECOMMENDS DENIAL OF NUMBER ONE, A 14 FOOT SIX INCH VARIANCE FROM THE 15 TYPE B LANDSCAPE BUFFERY YARD REQUIREMENT TO ALLOW A BUFFER YARD TO BE SIX INCHES ALONG 90 FEET OF THE SOUTH PROPERTY LINE IN BO A 19 1 0 3 0 0 0 8 9.
BASED ON THE FOLLOWING FINDINGS EFFECT, THE REQUEST IS NOT OBSERVE THE SPIRIT OF THE ORDINANCE AND THE PROPOSED DEVELOPMENT IS SEEKING THE NEAR LAMINATION OF THE REQUIRED BUFFER YARD ALONG 90 FEET OF THE SOUTH.
STAFF RECOMMENDS APPROVAL OF NUMBER TWO AND EIGHT FEET VARIANCE FROM THE 15 TYPE B LANDSCAPE BUFFER YARD REQUIREMENT TO ALLOW A BUFFER YARD TO BE SEVEN FEET ALONG 165 FEET OF THE SOUTH PROPERTY LINE IN V O A 19 1 0 3 0 8 9.
BASED ON THE FOLLOWING FINDINGS OF FACT, THEIR REQUEST DOES NOT NEGATIVELY IMPACT SURROUNDING PROPERTY OWNERS AND SIGNIFICANTLY IMPROVES THE USE OF THE SITE.
MAILED 18 NOTICES ON THE SUBJECT PROPERTY IS NOT WITHIN A REGISTERED NEIGHBORHOOD ASSOCIATION.
ONE IN FAVOR, ZERO IN OPPOSITION.
HERE IS THE NOTIFICATION PLAN.
ONE IS, UH, IS LANDSCAPE STAFF, UH, REVIEWED THIS APPLICATION AND, AND CHIMED IN, UH, AND QUESTION TWO IS, UH, TDOT UH, MENTIONED ANYTHING ABOUT WHAT THEIR THOUGHTS ARE.
UH, JACOB SANCHEZ DID REVIEW THE REQUEST AND DID MEET WITH THE APPLICANT TO CLARIFY WHAT THE INTENT WAS, WAS, UM, JACOB, UH, DID, UM, CLEARLY ALSO SUPPORTED OUR RECOMMENDATION.
SO IT WAS FROM THEM ALSO WAS IN SUPPORT OF THIS REQUEST,
[00:15:01]
PARTIAL SUPPORT.AND ACTUALLY I HAVE ONE MORE QUESTION.
SO, UH, WITH LOOP 13 BEING A, UM, AN ARTERIAL TXDOT RIGHT OF WAY, IT'S TYPICAL FOR THE CITY TO ASK FOR A 10 FOOT SIDEWALK, ESPECIALLY SINCE THERE'S PEDESTRIAN ACCESS ALREADY THERE, IT APPEARS FROM THE PLAN PRESENTED THAT THAT WOULD CREEP INTO THE PROPERTY LINE.
DOES THAT HAVE ANY EFFECT ON YOUR REVIEW OF THIS WITH THE POTENTIAL HAVING A CONCRETE SIDEWALK WITHIN THE PROPERTY? NO.
MR. MANNA, COULD YOU GO TO THE PAGE THAT HAS THE, UH, BLUEPRINT, I GUESS, OF THE PROPERTY AND THEN IDENTIFY, UH, WHICH ONE IS NUMBER ONE AND OR WHICH PART IS NUMBER ONE AND WHICH PART IS NUMBER TWO? UH, SO THEY'RE BOTH UNDER SOUTH PROPERTY LINE, WHICH IS THIS ONE.
THE FIRST ONE IS FOR 90 FEET, WHICH I BELIEVE IS THIS PORTION AND 165 FOR NUMBER TWO, BUT I WILL YIELD TO THE APPLICANT TO FURTHER EXPLAIN THE DETAIL.
DEBRA, UM, I UNDERSTAND YOU'RE RECOMMENDING DENIAL ON THE 90 FOOT PORTION THAT WAS JUST A SIX INCH BUFFER YARD.
DO YOU RECOMMEND AN ALTERNATE ON THAT OR ARE YOU JUST SAYING IT SHOULD BE THE 15 FULL FEET OF BUFFER YARD? UH, YES.
UH, IT'S JUST STRETCH DENIAL, SO WE ARE SAYING THAT THEY SHOULD COMPLY WITH THE 15 FEET.
ANYONE ELSE? ANY OTHER QUESTIONS? ALL RIGHT, PLEASE, UH, BRING FORTH THE APPLICANT.
THANK YOU FOR YOUR TIME TODAY.
UM, I'VE BEEN HERE A FEW TIMES NOW AND, UH, I'LL KEEP MUCH BRIEFER,
UM, I THINK EVERYBODY'S PRETTY FAMILIAR WITH QT NOW.
UM, WE'VE, WE'VE WENT OVER A FEW OF OUR SITES.
I BELIEVE WE'VE BEEN HERE THREE OR FOUR TIMES NOW.
SO BASICALLY THERE'S A, A LOT THAT'S CHANGED ON THIS ONE.
AND SO I, I DON'T KNOW IF YOU'VE SEEN MOST OF OUR STATIONS, BUT WE DO ROBUST LANDSCAPING.
WE END UP, WE PUT AS MANY TREES AS WE CAN.
BUT UNFORTUNATELY, WHEN WE GET INTO THESE TYPE OF, UH, REDEVELOPMENT SITES, UH, THIS ONE'S VERY SIMILAR TO PER VITAL.
I CAME BEFORE YOU GUYS ABOUT A YEAR AGO AND WE JUST STARTED, UM, UH, CONSTRUCTION ON THAT WHERE WE REDEVELOPED THE CHEVRON.
WE TOOK A PORTION OF ACADEMY'S PROPERTY AND, UH, THAT ONE ACTUALLY BROKE GROUND TWO WEEKS AGO.
THIS ONE'S A LOT LESS, UH, INTRUSIVE THAN THAT.
SO WE TRIED TO MAXIMIZE THE BUFFER WHERE WE COULD.
AND, UM, BASICALLY WE DIDN'T JUST PICK THE NUMBERS ARBITRARILY OF, HEY, WE NEED EXACTLY, YOU KNOW, 165 FEET HERE OR 90 FEET.
WE REALLY TRY TO MINIMIZE THE IMPACT.
AND SO THE MAJOR ISSUE AND WHAT WASN'T SHOWN IN THE PRESENTATION IS WE DID ACTUALLY GO HAVE A SCOPING MEETING, UH, WITH TXDOT AND WE, AND WE MET WITH CHRISTINA DELA CRUZ WITH THE CITY, AND BASICALLY ON TOP OF THE 10 FOX, 10 FOOT SIDEWALK THAT WAS REQUIRED.
SO YOU'RE GONNA HAVE A 10 FOOT SIDEWALK, UH, ON THE WEST SIDE OF THE DRIVE.
WE'RE ELIMINATING ONE DRIVEWAY.
UM, AND BASICALLY WE'LL HAVE A 10 FOOT SIDEWALK ON THE WEST SIDE, BUT BECAUSE THEY ALSO WANTED SEVEN AND A HALF FEET OF RIGHT OF WAY, AND THEY'RE ABOUT SEVEN AND A HALF FEET OF RIGHT OF AWAY A RIGHT TURN DECELERATION LAND AND THE 10 FOOT SIDEWALK, SOMETHING HAD TO GIVE.
SO BASICALLY IN THESE REDEVELOPMENT PROJECTS, YOU'VE GOT AN ALLEY BACK THERE AND, AND SO WE CAN'T ABANDON THE ALLEY.
UM, IF YOU NOTICE THE DIMENSIONS, WE ACTUALLY SET A 40 FOOT DIMENSION FROM THAT CURB, AND THAT'S WHAT LOCKED THE CANOPY INTO PLACE.
AND THEN EVERYTHING ELSE NOW IS ENCROACHED FURTHER AND FURTHER INTO THE SITE, UH, WITH THE REQUIREMENTS.
AND SO BASICALLY ON THIS ONE, UM, WE CHOOSE THAT 40 FEET AS A MINIMUM.
SO THAT 40 FOOT DIMENSION, ESSENTIALLY FROM THE DISPENSER TO THE CURB LINE, IT GIVES YOU ENOUGH ROOM TO GET THE TANKER TRUCK SAFELY AROUND ANYBODY THAT'S SITTING THERE FUELING, UH, OR ANY CUSTOMERS IF THEY'RE DOUBLE PARKED.
BUT IT GIVES YOU PROPER LOT CIRCULATION FOR THAT TRUCK AROUND THE ENTIRE BUILDING.
MIGHT, YOU MIGHT JUST WANNA GO, THIS BEING BLURRY.
I CAN, I CAN EXPLAIN IT PROBABLY BETTER IF YOU JUST WANNA PUT THE, SO I CAN, I CAN TALK YOU THROUGH IT ON HERE, EVEN THOUGH IT DOESN'T HAVE THE ACTUAL IMPROVEMENT.
SO THIS IS THE PORTION THAT WE'RE TALKING ABOUT RIGHT HERE.
AND THAT'S WHERE TEXDOT CAME IN AND THEY SAID, LOOK, WE'LL GIVE YOU THE ONE DRIVEWAY, BUT YOU NEED A RIGHT TURN LANE.
UM, WE ALSO NEED A FIVE FOOT SIDEWALK, AND WE NEEDED THE RIGHT OF WAY DEDICATION TO BE CONSISTENT WITH STARBUCKS IN THE SURROUNDING AREA.
UM, I WILL SAY THAT OUR PROPOSAL HAS MORE LANDSCAPING THAN WHAT IS EXISTING TODAY.
UH, WE FEEL IT'S CONSISTENT WITH WHAT WAS APPROVED AT STARBUCKS.
AND BASICALLY THAT DIMENSION I WAS TALKING ABOUT IS FROM THAT DISPENSER TO ABOUT THAT CURB LINE.
[00:20:01]
TRUCK'S GONNA PULL IN HERE AND IT'S GOTTA BE ABLE TO GET IN FRONT HERE AND NOT CLIP A CAR OR PEDESTRIAN THAT'S STANDING THERE FUELING.UM, AGAIN, THAT DIMENSION WAS HELD BECAUSE OF THE ALLEY.
WE WENT 40 FEET OFF, AND THAT REALLY IS WHAT LOCKED THE CANOPY IN POSITION.
SO AGAIN, UH, IN CLOSING WE FEEL THAT THE, THE TIGHTNESS OF THE SIDE, THE UNIQUE CHARACTERISTICS OF THE SIDE AND THE REQUIREMENTS ABOVE AND BEYOND, UM, REALLY ARE, ARE KIND OF HANDCUFFING US.
AND WE HAVE TRIED TO GO AND WE, WE HAVE AN INCREASED LANDSCAPE BUFFER ON LONGWOOD.
SO LONGWOOD'S REQUIRED 15, WE HAVE 18 TO 19.
UH, WE DID AN ENHANCED GREEN SPACE OVER HERE, AND THEN WE'VE GOT LANDSCAPE ISLANDS.
UM, I WOULDN'T BE OPPOSED TO IF YOU WANTED TO SEE A FEW MORE LANDSCAPE ISLAND HERE, I WOULD NOT BE OPPOSED TO THAT.
SO BASICALLY THAT WE DON'T HAVE ANY GIVE, SO IF IT'S NOT THAT SIX INCHES, WE CAN'T EVEN MOVE IT A FOOT AND KEEP THAT 40 FOOT DIMENSION.
AND WHAT HAPPENS IS CORPORATE WON'T APPROVE IT BECAUSE THEY DON'T WANNA HAVE SOMETHING, UH, HAPPEN OUT THERE.
AND THEN BASICALLY WE'VE, WE'VE JEOPARDIZED OUR MINIMUM DIMENSIONS AND WE HAVE THOSE FOR A REASON.
SO IT'S JUST HARD TO, TO GET ANYBODY IN CORPORATE TO SIGN OFF ON A SITE PLAN, UH, WITH YOUR MINIMUM DIMENSIONS, UH, COMPROMISED.
IS THAT YOUR PRESENTATION? YES, SIR.
UM, NOW THE BOARD, DO WE HAVE ANY QUESTIONS FOR THE APPLICANT? IAN, MS. DORIAN, I JUST WANNA MAKE SURE I'M, THIS HAS DIFFERENT COLORS ON IT, BUT YOUR, YOUR DESAL LANE DOESN'T EVER REALLY STRAIGHTEN OUT AND, AND, AND BECOME ALIGNED WITH THE 10 FOOT SIDEWALK, CORRECT? YES, SIR.
SO IT'S ACTUALLY A PREFERRED DESIGN THAT RICHARD DELO CRUZ HAS ASKED US TO DO ON MULTIPLE LOCATIONS, AND IT'S CALLED A FLARE LANE.
SO IT'S JUST A DRAMATIC, AND BASICALLY IT HELPS ELIMINATE REAR END COLLISIONS AND GETS PEOPLE OFF.
UM, WE'VE GOT 'EM AT LEON VALLEY, SEVERAL SITES IN SAN ANTONIO, UH, TO, BUT, BUT THIS SITE PLAN'S BEEN DISCUSSED WITH JACOB ABOUT ATTAINING LANDSCAPING WITHIN OF SOME SORT POSSIBLY NEAR THE CORNER OR, OR, OR NOT? WELL, SO BASICALLY THAT 90 FEET, WE DON'T HAVE ANY ROOM TO PLAY, BUT WE DID DO AN ENHANCED LANDSCAPE BUFFER ON LONGWOOD.
UH, BUT AS FAR AS ACTUALLY DISCUSSING IT WITH HIM, WE WENT IN AND WE, WE KNOW THAT WE'RE GOING TO NEED AAVS, BUT THIS WAS THE FIRST STEP.
AND SO I DID GO DOWN AND SIT AND TALK TO HIM.
UH, BUT WE JUST DISCUSSED THE BUFFERS BEING WHAT THEY WERE, WE DIDN'T HAVE MUCH OPPORTUNITY, AND THEN THESE ADDITIONAL CHANGES CAME AFTER THAT MEETING.
SO THIS JUST CAME FROM OUR SCOPING MEETING THAT WE'VE HAD.
ANYONE ELSE HAVE A QUESTION FOR THE APPLICANT? ELLI DR.
ZORO? SO YOU HAD MENTIONED, I BELIEVE THAT, UM, WERE YOU, WERE THIS TO BE APPROVED, YOU WOULD LOSE A CERTAIN SQUARE FOOTAGE IN THE BUFFER YARD, THE, THE VARIOUS LANDSCAPING, BUT THAT YOU HAVE LANDSCAPING IN OTHER PLACES THAT MIGHT MAKE UP THAT SQUARE FOOTAGE, DO YOU? IT'S NOT EXACT AND IT'S, AND IT'S NOT AS MUCH AS WHAT WOULD BE REQUIRED.
SO IT'S, WE TRIED TO DO AS, AS MUCH AS WE COULD, BUT WE WE'RE STILL SHORT.
THANK YOU ORIAN, MS. IAN, IT'S KIND OF FOR YOU AND FOR STAFF TOGETHER AS A SITE PLAN WAS JUST GIVEN TO ME.
SO YOU HAD MENTIONED THAT, UH, PART OF THE REASONING FOR NOT, UH, OF HOW YOU ATTAIN THE, WHAT YOU'RE ASKING FOR IS, IS IT LOOKS LIKE YOU'RE USING AN, AN ALLEY THAT'S IN THE REAR.
HAS THIS CAUSED ANY ISSUE WITH, UH, WITH THE, UH, RESIDENTS THAT ARE BEHIND, LIKE IT LOOKS LIKE YOU'RE USING IT AS PART OF YOUR PRIVATE PROPERTY AND THAT'S HOW YOU'RE ATTAINING SOME OF THE LANDSCAPE BUFFER THAT YOU DO HAVE.
IS THAT GONNA BE A PROBLEM WHEN YOU, WITH STAFF, LIKE WHEN THIS GOES THROUGH PERMIT REVIEW, ARE THEY GONNA ALLOW YOU TO USE THE ALLEY IN THIS MANNER? SO THAT'S WHAT THE ALLEY WOULD BE FOR, IS FOR ACCESS.
WE DON'T HAVE ANY IMPROVEMENTS FOR REPAVING IT.
UH, WE'RE ALSO GONNA PUT UP A NEW FENCE BEHIND THEM TO GIVE THEM BETTER SCREENING.
WE'RE RELOCATING SOME OF THE UTILITIES, UH, BUT RIGHT NOW YOU'VE GOT SOME UTILITY POLES OUT THERE AND JUST SOME FENCES THAT NEED SOME ATTEN, UH, A LITTLE BIT OF ATTENTION.
UH, BUT YEAH, WE WOULD BE CONSISTENT THAT REAR DRIVE, THAT WHOLE PASS THROUGH LINES UP WITH STARBUCKS.
SO IT'D BE ONE COHESIVE DEVELOPMENT.
OKAY, BUT YOU'RE NOT AT, YOU'RE NOT ACQUIRING THE ALLEY OR ANYTHING? NO, SIR.
ANY, ANY OTHER QUESTIONS? THIS APPLICANT? DO WE HAVE ANY WITNESSES? WE HAVE ONE PERSON SIGNED IN TO SPEAK.
MAY I HAVE A SEAT? WE MAY CALL YOU BACK.
MR. RAMIREZ, PLEASE STEP FORWARD, SPEAK CLEARLY INTO THE MICROPHONE.
WE NEED YOUR NAME AND ADDRESS FOR THE RECORD, SIR.
AND THEN, THEN YOU GO AHEAD AND EXPLAIN YOUR POSITION.
UH, MY NAME IS JUAN CARLOS RAMIREZ AND I'M THE RESIDENT OF 1112 RAYBURN DRIVE.
UH, JUST BY LOOKING AT THE DIAGRAM, I'M A RESIDENT, UH, IF YOU'RE LOOKING AT THE, UH, ALLEY, UH, MY HOUSE HITS RIGHT, RIGHT ABOVE THERE.
SO, UM, IT, THERE'S, THERE'S SEVERAL, I GUESS, ISSUES THAT I HAVE WITH THAT ONE.
UH, CURRENTLY THERE'S STARBUCKS, UM, THAT SITS RIGHT ALONG 35 AND IT CREATES A LOT OF TRAFFIC.
NOW WITH QT SITTING THERE IS GONNA BE VERY CONGESTED.
[00:25:01]
AREA.WE HAVE OWNED THAT HOUSE SINCE, UH, THE LATE NINETIES.
AND, UH, THAT HAS ALWAYS BEEN AN ISSUE WITH THE TRAFFIC THERE.
THAT'S ONE, TWO, IT'S ACTUALLY A, UM, GAS STATION OR, YOU KNOW, THE, IN THIS CASE, UH, TRANSPORTATION TO GET THE, THE GAS OUT THERE THAT WOULD BE RIGHT THERE, RIGHT BEHIND MY HOUSE HAVING, YOU KNOW, A, UH, GAS TANKS SITTING RIGHT BEHIND MY HOUSE.
UH, THE ALLEY ITSELF, WE'VE HAD ISSUES IN THE PAST WITH IT.
THE CITY REQUIRES US TO KEEP IT CLEAN AND WE DO THAT UP TO A LIMIT OF, UH, HALF OF THE ALLEY FOR US.
SO, UH, MY, THAT'S ANOTHER ISSUE IS THAT IF, IF, UM, IF I HAVE, UH, IN THIS CASE Q T A SITTING RIGHT BEHIND OUR RESIDENCE, UH, WHAT IS THAT GONNA DO TO THE ALLEY AS FAR AS THE PROXIMITY TO, TO MY PROPERTY? UH, IS THERE GONNA BE TRAFFIC, UH, UH, MAYBE TRAVELING THROUGH THERE OR, YOU KNOW, OTHER ISSUES THAT MAY COME UP THAT'S, YOU KNOW, BRINGING IN MORE, UH, YOU KNOW, PEOPLE AROUND, YOU KNOW, OUR NEIGHBORHOOD OR, SO THERE, THERE'S SEVERAL FACTORS TO, YOU KNOW, TO LOOK AT HERE BEFORE MAKING A DECISION.
UM, IF YOU CAN, UH, UH, THE GENTLEMAN THAT WAS UP HERE, IF YOU CAN, UH, JUST BE KIND ENOUGH JUST TO ANSWER MY ISSUES THAT, THAT COMPLETES MY, HOLD ON, PLEASE.
DOES, UH, DOES ANYONE ON THE BOARD HAVE A QUESTION FOR THE, UH, WITNESS? MR. ORIAN, DO YOU USE, UH, THE ALLEY IN ANY WAVE, UH, FOR THE ENJOYMENT OF YOUR PROPERTY? UM, THE ALLEY, PERSONALLY, IT'S NOT USED, BUT BECAUSE IT'S, IT'S NOT MY PROPERTY.
BUT THE CITY REQUIRES US TO KEEP IT CLEAN FOR, FOR, OR I GUESS AT ONE TIME IT, IT, IT WAS USED FOR IN CASE OF EMERGENCY, UH, FOR, FOR THE, UH, PERSONNEL, FIRE PERSONNEL.
IF YOU GO BACK THERE, UH, IT'S LITERALLY NOT ABLE TO.
THE, THE, THE, THE PROPERTY ITSELF, THERE'S, THERE'S TREES THAT ARE SITTING RIGHT IN THE MIDDLE AND, UH, THE CITY ITSELF TOLD US YOU CANNOT HAVE ANYTHING PLANTED THERE.
UH, AND WHEN THEY TOLD US THAT, I SAID, THEN ALL OF A SUDDEN STARBUCKS CAME UP AND THEY CLOSED THE, THE ALLEY.
SO, YOU KNOW, I'M GETTING MIXED, UH, YOU KNOW, FACTS HERE, SO.
UH, SIR, ISN'T THAT ALLEY, UH, PICKUP, TRASH PICKUP BY THE CITY? MA'AM, DO MA'AM THEY USE IT, MA'AM THEY DO NOT, BECAUSE I KNOW THEY USE SOME OF THAT ALLEY FURTHER DOWN THE STREET, BUT I WASN'T SURE ABOUT WHERE YOU'RE AT THAT PARTICULAR ONE.
NO, I MEAN, THEY, TO PICK UP, UH, TRASH RECYCLING WHATEVER, UH, IS USED RIGHT ALONG RAYBURN STREET.
UM, HOPEFULLY MR. DUDLEY CAN ANSWER SOME OF YOUR QUESTIONS ABOUT THAT ALLEY, BUT REALLY WHAT'S IN FRONT OF US IS DEALING WITH LANDSCAPE BUFFER YARDS ALONG MILITARY, YOU KNOW, THE DISTANCE FROM THE SIDEWALK INTO THEIR PROPERTY IN WHICH THEY'LL HAVE PLANTINGS OF TREES AND SHRUBS.
DO YOU HAVE AN OPINION ON THAT FOR US TO CONSIDER AND 'CAUSE THEY'RE ASKING FOR, YOU KNOW, 90 FEET OF THE LENGTH OF THEIR PROPERTY TO THE EAST TO NOT HAVE ANY LANDSCAPE BUFFER, WHICH IS TREES OR SHRUBS, AND THEN, BUT THAT'S RIGHT ALONG, UH, MILITARY DRIVE ON MILITARY, NOT ON YOUR BACK ALLEY, BUT NO, ON THE STREET ON THAT PARTICULAR ONE.
I MEAN, I DON'T HAVE NO ISSUES.
YOU KNOW, THE, UH, I UNDERSTAND QT AND I'M FAMILIAR WITH QT.
YOU KNOW, THEY, THEY, UH, UH, THEY, YOU KNOW, THEY, IT'S, IT'S, IT'S, YOU KNOW, IT'S A, IT'S A GOOD STORE.
IT'S A GOOD STORE, BUT ALONG WITH THAT, YOU KNOW, IT BRINGS CONGESTION, UH, ON, ON THE BUFFER LINE AS FAR AS, YOU KNOW, THE, UH, LANDSCAPE, I DON'T HAVE NO ISSUES WITH THAT.
I MEAN, I, I, I PREFER A COMPANY MOVING IN, YOU KNOW, THAT HAS, UM, SOMEWHAT, UH, LOOKED AT THE, THE AREA AND, YOU KNOW, SEEING A, YOU KNOW, WHAT, YOU KNOW, WE CAN PUT SOME LANDSCAPING HERE, UH, BUT I BELIEVE WE NEED TO TAKE A LOOK AT THE WHOLE PICTURE, YOU KNOW, BEFORE MAKING A DECISION.
AND THEN, UH, YOU KNOW, AS FAR AS, UH, THE, UH, HOW THE DRAFTS SHOWS, UH, THEN, YOU KNOW, MAYBE IT CAN BE MODIFIED IN ONE WAY OR ANOTHER, BUT THE RESIDENTS, I, I WISH THEY WOULD
SO IN THIS, IT'S HARD FOR RESIDENTS TO GET OUT HERE AT ONE O'CLOCK ON A MONDAY.
SO I UNDERSTAND, APPRECIATE YOU BEING HERE FOR SURE.
[00:30:01]
QUESTIONS? BRAGMAN MS. BRAGMAN, UM, YOU HAD SAID THAT THE ALLEY WAS CAPPED.ARE YOU SAYING THE ALLEY IS CAPPED AT, UH, THE END CLOSEST TO STARBUCKS OR THE OTHER END? YES, MA'AM.
WE, AS RESIDENTS, WE WERE TOLD NO ONE WILL OBSTRUCT THE ALLEY.
NO ONE, YOU WILL NOT BUILD ANYTHING ON THAT.
IN CASE, IF WE NEED TO GET OUT THERE.
THE CITY WAS VERY, UM, STRICT ON THAT.
AND THEN A FEW YEARS BACK, UH, STARBUCKS DECIDED TO BUILD THERE AND, UH, THE CITY HAD TOLD US WE NEED A, A THOROUGH WAY TO GET FROM POINT A TO POINT B.
POINT A WOULD BE LOG WOOD, POINT B WOULD BE WHERE, UH, STARBUCKS IS LOCATED.
NOW WE, WE NEEDED A WAY IN AND WAY OUT, AND THEN STARBUCKS MOVED IN AND THEY, AND THEY, THEY, THEY LITERALLY CLOSED IT DOWN.
NOW, THAT'S MY ISSUE WITH THAT IS LIKE, SO YOU HAVE A BUSINESS THAT'S COMING IN AND, YOU KNOW, PUT A HAMMER DOWN AND SAID, OKAY, YOU KNOW, I UNDERSTAND THIS IS THE WAY IT USED TO BE, BUT WE'RE GONNA GO AHEAD AND CLOSE IT DOWN.
SO NOW WE HAVE AN NATALIE THAT HAS A ACCESS, YOU KNOW, TO THERE AT POINT A AND IS CLOSED AT THE OTHER END.
I WAS JUST WONDERING, UH, I THINK YOU MAKE REFERENCE OF WE, UH, DO THE OTHER, YOUR NEIGHBORS OR THEY HAVE AN ISSUE WITH THAT AS WELL.
I KNOW IN THE PAST, UH, IT WAS BROUGHT UP TO THE ATTENTION AND TO REMEDY THIS SITUATION, IT WAS BROUGHT UP TO OUR ATTENTION AND SAID, OKAY, YOU HAVE TWO, UH, DECISIONS TO MAKE.
YOU CAN EITHER CONTINUE KEEPING IT CLEAN YOUR HALF, OR IF EVERYONE WOULD LIKE TO BUY THEIR HALF, YOU CAN DO THAT AS WELL.
WELL, NOT EVERYBODY IS, UH, YOU KNOW, UM, YOU KNOW, ABLE TO, TO DO THAT, TO BUY THE, THE THEIR HALF.
SO IT JUST STAYED AS IS UP UNTIL NOW FOR 2020.
WELL, I, I'VE KNOWN THAT HOUSE SINCE 99, SO IT'S OVER 20 YEARS THAT THAT ALLEY HAS BEEN LIKE THAT, YOU KNOW, FROM, FROM THE TIME THAT I'VE BEEN THERE.
HANNAH, MR. HANNAH, UH, MS. RODRIGUEZ, YOU, YOU STATED THAT, UM, RIGHT NOW THERE, UM, HAS BEEN TREES GROWING THERE ON THEIR OWN INDEPENDENTLY WITHIN THAT ALLEYWAY ITSELF.
I THINK WHEN THE
AND THEN THE CITY CAME BY AND SAID, HEY, HEY, YOU KNOW WHAT, UH, YOU'RE, YOU'RE IN THE, AT A AREA WHERE YOU'RE NOT SUPPOSED TO BE.
SO THEY MANAGED TO PLANT A TREE HERE AND THERE, AND THAT TREE, YOU KNOW,
SO, SO THE RECOMMENDATION HERE, YOU KNOW, SO THAT THEY CAN PUT THE, UH, FACILITY, I BELIEVE IF I HEARD IT CORRECTLY, IS THAT THEY'RE PUSHING IT BACK TO THE BACK PROPERTY LINE AND THEN AS FAR AS THEY CAN, AND THEN THAT WHOLE ALLEY IS GONNA BE PAVED, WHICH WOULD PROBABLY IMPLY THAT ALL THOSE TREES ARE GONNA BE REMOVED, CORRECT? RIGHT, RIGHT.
NOW MY QUESTION IS HOW MUCH OF A PROXIMITY TO MY PROPERTY WOULD THAT BE? YOU KNOW, WOULD, UH, WOULD IT BE BACK TO BACK SEVERAL INCHES OR WOULD IT BE, UH, UH, SEVERAL FEEDBACK? THE LITERATURE THAT I WAS SENT MAILED UNFORTUNATELY IS NOT TOO LEGIBLE.
SO COMPARED TO THE, UH, TO WHAT IS SHOWN.
UH, IF THERE'S QUESTIONS, I, I RECOMMEND THAT WE STICK TO THE ISSUE THAT WE'RE DEALING WITH.
THE ALLEY IS NOT UNDER CONSIDERATION HERE.
ARE THERE ANY FURTHER QUESTIONS? NOT IN ENTERTAINING THE ALLEY.
YOU APPRECIATE YOUR TIME AND YOU SHOULD MEET WITH THE, UH, APPLICANT TO DISCUSS YOUR POINT, 'CAUSE I THINK HE CAN ANSWER THOSE TO YOUR SATISFACTION.
ARE THERE ANY OTHER WITNESSES? NO ONE ELSE SIGNED IN TO SPEAK.
AND YOU MAY, APPLICANT MAY RETURN TO REBUT OR GIVE FURTHER EXPLANATION? SURE.
UM, WE'LL DEFINITELY TAKE THE TIME.
AS SOON AS THIS MEETING'S OVER, I'LL MAKE SURE HE GETS MY PERSONAL CELL PHONE.
UM, WE WILL SHARE ANY INFORMATION.
WE'RE COMPLETELY TRANSPARENT WITH OUR RESIDENTS.
IF WE HAD A ZONING CASE HERE, WE WOULD'VE HAD A NEIGHBORHOOD MEETING.
UH, BUT IN THIS INSTANCE, WE KIND OF VIEWED IT AS A, AS A BONUS BECAUSE WE WERE COMING IN AND WE ARE CLEANING IT UP AND WE ARE GONNA MAINTAIN IT.
UH, THE RESIDENTS, ONCE WE REBUILD THIS THING, IT WILL PUNCH THROUGH THROUGH STARBUCKS.
SO THE ALLEY WILL BE OPENED UP, IT'LL BE FUNCTIONAL, IT'LL BE FRESHLY PAVED, AND THEN WE PICK UP TRASH ON OUR LOTS, ANYWHERE BETWEEN THREE TO FIVE TIMES A DAY, UH, TO MAKE SURE THAT AREA STAYS CLEAN.
WITH REGARDS TO THE PROXIMITY, WE ARE GOING TO CUT BACK.
THERE'S SOME UTILITY POLES THAT ARE BACK THERE, AND THEN THERE ARE SOME TREES.
[00:35:01]
TO PUT THE ALLEY IN.BUT OUR INTENT, UH, WE INTEND, AND WHAT WE HAVE ON OUR PLAN IS A SIX FOOT DOUBLE-SIDED WALL THAT WE WOULD BUILD UP AGAINST THEIR FENCES.
AND TYPICALLY WHAT WE SEE WHEN THAT HAPPENS, UH, AS THE RESIDENTS ADJUST THEIR FENCE, OUR FENCE JUST KIND OF BECOMES THEIR FENCE.
UM, AND, AND THAT'S JUST TYPICALLY WHAT I'VE SEEN, UH, AT, AT OUR LOCATIONS WHERE WE HAVE ALLEYS, UH, WE DO HAVE ALLEYS THAT RUN THROUGH THE MIDDLE OF THE BUILDING AND THE CANOPY.
WE HAVE ONES THAT RUN BEHIND OUR STORES.
SO, UM, AGAIN, WE MAINTAIN THEM AND WE MAKE SURE THAT, UM, THERE'S NOT A LOT OF TRASH OR SHOULD BE NO TRASH, UH, IN HIM AT ALL TIMES.
WITH REGARDS, HE, HE ALSO HAD A COMMENT WITH THE TANKS BEING CLOSE TO THE HOUSE, THE TANKS ARE ACTUALLY GONNA BE UP ON THE INTERSECTION.
THEY'RE NOT BACKED BY THE RESIDENTIAL.
SO TYPICALLY WE PUT IT BETWEEN THE CANOPY AND THE FRONT CURB.
SO IT'LL BE ON LONGWOOD, BUT IT WILL NOT BE BEHIND ON THE NORTH SIDE NEAR THE RESIDENCE.
SO THE TANKS, UM, WILL BE FAR AWAY FROM THE HOUSE OR AS FAR AS POSSIBLE.
UM, WE TALKED ABOUT OPENING UP THE ALLEY, UM, AND THE, THE ONLY OTHER THING I HEARD WAS, UH, WITH REGARDS TO TRAFFIC, SO OBVIOUSLY YOU GUYS KNOW WE LIKE, WE LIKE TO BE IN AREAS YOU CAN SEE BY THE AREA OVER HERE, IT'S JUST, THERE'S A TON OF CARS OUT THERE.
WE ARE GONNA FACILITATE A LOT OF THE CARS, RIGHT, THAT ARE THERE.
AND SO PEOPLE WILL COME IN AND OUT, BUT WE DON'T ANTICIPATE, WE'RE NOT, WE'RE NOT GONNA HAVE A HIGH RISE SIGN, WE'RE NOT GONNA HAVE A BILLBOARD SIGN.
WE'RE NOT PULLING CARS OFF THE INTERSTATE.
WE'RE HOPING TO JUST LIVE AND DIE BY THE, THE, THE TRAFFIC THAT SOUTHWEST MILITARY'S ALREADY, UM, HEARING AT THIS TIME.
UH, CORIAN, MR. MR. ORIAN, SO HOW ARE YOU MEETING YOUR CLASS C BUFFER REQUIRED ON THE NORTH PART OF YOUR LOT, THE REAR PART ON THE NORTH END, I BELIEVE WE ONLY HAD TO HAVE A 10 FOOT BUFFER BACK THERE.
WELL, YOU HAVE ZERO RIGHT NOW, HOWEVER, ARE YOU, UH, MEETING THAT OUT TO THE ALLEY? HE, HE STILL HAS TO HAVE SOMETHING.
HIS REQUEST, HIS APPLICATION DOESN'T ACCOUNT FOR THE, THE FACT THAT HE HAS ZERO HAVE A, IT'S A 10 FOOT LANDSCAPE BUFFER THAT'S ADJACENT.
UM, YOU CAN SEE THIS IS ALL GR THIS IS ALL GREEN SPACE RIGHT HERE.
ARE WE USING THAT PLAN OR THE ONE YOU PASSED OUT? THE ONE YOU PASSED OUT HAS LIKE TWO FEET.
WELL SEE, THIS IS WHERE I'M CONFUSING YOU PASSED THIS PLAN OUT THAT SHOWS HOW YOU'RE ATTAINING, UH, THE BUFFER THAT YOU'RE REQUESTING DUE TO, UM, PROVISION OF DE LAND, UH, RIGHT OF WAY DEDICATION, 10 FOOT SIDEWALKS, UH, THIS LANE THAT YOU WORKED OUT WITH TXDOT.
BUT THIS PLAN ONLY SHOWS A TWO FOOT IN THE REAR.
AND SO SINCE THEY'RE ALL LINKED TOGETHER, BECAUSE YOUR SITE HAS TO BE PUSHED BACK OR FORWARD DEPENDING ON THESE DIFFERENT CONSTRAINTS, HOW, HOW WAS THIS SITE PLAN THAT YOU'VE DISTRIBUTED TO US, WHICH I ASSUME IS PART OF THE FILE NOW BEING ATTAINED.
IF YOU DON'T HAVE THE NECESSARY BUFFER IN THE REAR ANYMORE, WE WILL HAVE 10 FOOT IN THE REAR.
THAT'S A OVERSIGHT BY MY, THAT'S A MISTAKE I MADE.
UM, BUT THE ONE THAT I BROUGHT TODAY, BASICALLY, I MEAN, IT'S OFF BY EIGHT FEET.
I'M LOOKING AT THE, UH, ADDENDUM HERE AND ALL IT'S MENTIONING IS THE, UH, SOUTH SIDE PROPERTY LINE.
IS THAT, IS THAT CORRECT? SO WE'RE NOT DEALING WITH ANY OTHER PORTION OF THE BUFFER YARD IF HE DOESN'T COMPLY WITH THE ORIGINAL ORDINANCE, THAT'S WHAT HE'S GOT TO DEAL WITH, NOT WHAT WE'RE GONNA DEAL WITH.
THE APPLICANT ONLY REQUESTED TO REDUCE THE SOUTH.
AND MY UNDERSTANDING THAT HIS, THE REQUEST NUMBER ONE, WHICH WAS A 14.6 FOOT OR SIX INCH VARIANCE, UH, FROM THE FRONT LANDSCAPING, WAS PRIMARILY TAKEN BY THE FACT THAT THEY HAD TO MOVE THE SIDEWALK BACK FOR THE APPROACHING LANE TO HIS PROPERTY.
IS THAT CORRECT? OKAY, SO IT'S NOT THE ENTIRE FRONT PROPERTY THAT WE'RE TALKING ABOUT THAT, UH, VARIANCE ALL THE WAY TO, TO, UH, ONE HALF FOOT, BUT WE HAVE TO MENTION IT ONE HALF FOOT BECAUSE OF THAT PARTICULAR AREA THAT WE'RE TALKING ABOUT.
IN OTHER WORDS, THERE IS A BUFFER YARD THERE, BUT BECAUSE OF THE LANE IT'S MINIMIZED DOWN TO HALF FOOT, BUT THE ENTIRE FRONTAGE THERE, IT'S NOT ALL JUST A HALF FOOT.
AND THE REASONING FOR REQUESTING THAT IT BE DENIED IS, IS BECAUSE OF JUST THAT LANE, THAT HALF FOOT AT THAT LANE, UH, BECAUSE THE INTENTION FOR THE 90 FEET ALONG SOUTH PROPERTY LINE IS NEAR THE ELIMINATION.
SO THAT SECTION I UNDERSTAND, BUT I'M LOOKING HERE AT THE DRAWING AND THE HALF FOOT IS ONLY ON THAT APPROACH LANE.
IT DOESN'T APPEAR TO BE THE ENTIRE SOUTH FRONTAGE.
SO WHAT IS THAT DISTANCE THAT IS PART OF THE BUFFER YARD THAT, OTHER THAN THE APPROACH LINE, UNDERSTAND, I UNDERSTAND THAT WE'RE MAKING, WE'RE DEALING WITH THE FACT THAT ONE PORTION OF THAT AREA OF THE FRONTAGE IS ONLY A HALF FOOT, BUT FROM MY
[00:40:01]
OBSERVATION FROM THE DIAGRAM HERE, THAT'S NOT TRUE FOR THE ENTIRE AREA.I THINK HIS NEW DRAWING IS SHOWING AT, AT ONE POINT, IT, IT'S A VARIABLE WITH BUFFER YARD AT, AT ONE POINT, AT ITS SKINNIEST IS GOING TO BE SIX INCHES, AND THEN IT WIDENS IN DIFFERENT AREAS.
HE MIGHT BE ABLE TO PROVIDE, THE APPLICANT MAY BE ABLE TO PROVIDE A LITTLE BIT MORE DETAIL SINCE THIS IS A REVISED DRAWING THAT HE JUST BROUGHT IN BEFORE THE MEETING.
UH, BUT IT DOES LOOK LIKE A VARIABLE WITH BUFFER YARD.
SO I'M GONNA ASK YOU TO SORT OF EXPLAIN, BECAUSE I'M TRYING TO DETERMINE WE'RE DEALING WITH THE REQUEST, THE POSITION OF THE STAFF AND WHAT YOU'RE ACTUALLY TALKING ABOUT.
SO AS FAR AS THE NORTH END GOES, WE WILL COMPLY WITH THE 10 FOOT, 10 FOOT BUFFER.
THAT WAS AN OVERSIGHT ON MY PART.
IT APPEARS THAT WHEN THE TURN LANE WAS ADDED TO THIS PLAN, THAT FINGER MEDIAN CAME UP INTO THE PROPERTY AND THEY ALSO ADDED THE FIVE FOOT SIDEWALK.
SO WHERE WE COULD HAVE EATEN INTO THAT AND USED IT FOR GREEN SPACE.
WE UNFORTUNATELY DON'T HAVE THAT ROOM ANYMORE IN THE REAR OF THE SITE.
WHENEVER THEY ADJUSTED THE DRIVE, AND I APOLOGIZE, IT LOOKS LIKE THEY SHIFTED THE SITE, EVERYTHING BACK.
UM, WE HAVE MORE THAN ENOUGH AREA BACK HERE IN THE REAR OF THE SITE.
UM, SO WE, WE CAN REDUCE THAT PASS THROUGH TO GET THE 10 FEET BACK THERE SO THAT ALL WE'RE REALLY TALKING ABOUT IS 90 FEET, THAT WOULD BE SIX INCHES WHERE THAT MEET, WHERE THE FLARE LANE COMES INTO OUR SITE.
WHAT IS, WHAT IS THE BUFFER YARD THAT YOU'RE GONNA PROVIDE FROM THE SIDEWALK TO THE PARKING SPACES, UH, IN THE REMAINDER OF THE PROPERTY? SO WE WENT, IT'S VARIABLE ON LONGWOOD 18 TO 19 FEET.
WE'VE GOT SEVEN ALL THE WAY DOWN THE REST OF THE PORTION UNTIL WE GET TO THIS LARGE, UH, GREEN LANDSCAPE AREA HERE.
UH, AND AGAIN, IF WE NEEDED TO PUT IN A COUPLE LANDSCAPE ISLANDS, WE COULD DO THAT, ADD MORE FEW MORE TREES.
WE JUST, UNFORTUNATELY WE CAN'T, THE PINCH POINTS THAT WE HAVE HERE, BECAUSE WE HAVE THESE CARS BACKING INTO EACH OTHER ON ALL SIDES OF THE BUILDING, IT'S REALLY, UM, IT'S JUST WE NEED AT LEAST 30 FEET AND WE CAN'T GO BELOW THAT ON THE SIDES OF THE BUILDING.
WHAT YOU'RE, I'M TRYING TO UNDERSTAND IS HOW WE CAN WORD THIS TO APPRO TO MEET THE NEEDS AND TO COMPLY WITH EVERYONE'S REQUEST BECAUSE OBVIOUSLY THE SIDEWALK BEING ON YOUR PROPERTY IS UNUSUAL, WHEREAS THAT'S USUALLY IN THE GREEN SPACE AND NOW IT'S ON YOUR PROPERTY ALSO THAT, THAT, UH, TURNING LANE, APPARENTLY IT, UH, TAKES UP ALL THE EASEMENT AREA FROM THE NORMAL STREET TO, TO YOUR PROPERTY LINE.
UH, AND THAT'S WHERE YOU'RE BEING CROWDED.
BUT THERE, OTHER THAN THAT, THERE IS A, A RE UH, A SEVEN FOOT, APPROXIMATELY SEVEN FOOT, UM, BUFFER YARD FROM YOUR PROPERTY LINE TO YOUR FIRST, UH, PARKING SPACE.
AND THEN IT GROWS IN THE CORNER TO THE REGULAR BUFFER YARD, I'M ASSUMING.
AND SO WE GET A BETTER UNDERSTANDING OF WHAT WE'RE GONNA BE DEALING WITH HERE.
DOES ANYONE HAVE ANY OTHER BOARD MEMBER HAVE A QUESTION ABOUT THAT? SO I HAVE A QUESTION FOR, FOR STAFF ABOUT HOW HIS REQUEST APPLIES TO, TO WHAT WE COULD GIVE OR, OR ADJUST IT IN, IN ANY MAINS NECESSARY.
SO HE'S ASKING FOR 90 FEET ON THE EAST SIDE, UH, IS THAT MEASURED FROM THE, UH, UH, THE CURB RETURN OR IS THAT INCLUDING THE, THE RADIUS? AND WHERE I'M GOING WITH THIS IS, IS THAT IF A LANDSCAPE BUFFER HAS TO ABUT THE PROPERTY LINE WITH THE SIDEWALK PROTRUDING INTO THE PROPERTY AS SUCH, EVEN PROVIDING SIX INCHES IS, IS NOT BEING DONE.
SO HE'S, I'M CONCERNED THAT WE'RE GIVE WE'RE VOTING ON SOMETHING THAT IS, THAT IS NOT WHAT'S PRESENTED IN THIS SITE PLAN.
AND SINCE THE DRIVEWAY SHIFTED OVER A LITTLE BIT, HIM ASKING FOR A SEVEN FOOT BUFFER IN THE AREA THAT HE'S ASKING FOR THAT REDUCTION, IS THAT SINCE IT CON APPEARS TO CONFLICT WITH THE SITE PLAN, IS THAT SOMETHING OF CONCERN FOR US? SO LONG AS THERE, UH, THE REQUEST IS NOT MORE THAN WHAT WAS ADVERTISED, THE BOARD CAN CONSIDER THE AMENDED SITE PLAN ENDED IT, UM, IT STILL LOOKS WITHIN THE PARAMETERS OF WHAT WAS ADVERTISED.
AND SO THE BOARD CAN CONSIDER THAT AMENDMENT AND THEN MAKE THEIR MOTION ACCORDINGLY BASED ON, UH, YOUR DELIBERATION AND HOW YOU FEEL, HOW MUCH OF A VARIANCE, IF YOU WANNA GRANT A VARIANCE, YOU, YOU CAN OFFER.
'CAUSE MY, MY REAL CONCERN IS IF I GO 90 FROM THE, FROM THE ACTUAL EASTERN PROPERTY LINE OVER, UM, I STILL HAVE A, A SUBSTANTIAL SECTION WHERE THE SIDEWALKS PROTRUDED INTO THE DIAGRAM.
AND SINCE IT SEEMS TO BE OUTSIDE OF THE 165 FEET, HE'S ASKING FROM THE WEST SIDE, IT IMPLIES THAT HE'S GONNA HAVE THE FULL BUFFER IN THAT AREA.
AND I'M JUST WONDERING IF THAT'S SOMETHING WE SHOULD BE BE THINKING ABOUT.
I'M, WELL, I WAS GONNA WAIT TILL WE GOT TO THIS PARTICULAR PORTION, BUT DURING THE MOTION, I'M GONNA MAKE A RECOMMENDATION THAT WE, UH, INCLUDE THE, THE FINAL SITE PLAN AS THE LIMITATIONS OF THE VARIANCE, AND THEREFORE BE DOCUMENTED AS TO WHAT PORTIONS WOULD BE ACCEPTABLE AND WHAT PORTION WOULD NOT BE.
[00:45:04]
THAT'S WHAT I'M TALKING ABOUT.THAT'S EXACTLY WHAT I'M TALKING ABOUT.
NO, HE WOULDN'T, BECAUSE THAT IS WHERE THEY MEASURE THAT HALF FOOT.
IF YOU'RE, IF YOU'RE LOOKING AT THE HALF FOOT ON THE FRONT LINE, IF YOU LOOK AT THE DIAGRAM, WELL THAT'S, THAT'S TRUE, BUT THEY'RE ONLY ASKING FOR, UH, THAT BY GRANTING THE MINIMUM, THAT MEANS THEY CANNOT EXCEED AND THEY CAN'T GO ANY FURTHER BACK.
BUT IF WE, WE MENTION THE DIAGRAM AS BEING WHAT WE'RE ACTUALLY GRANTING THE VARIANCE WITH, THEN WE HAVE A SPECIFIC ISSUE THAT WE CAN LABEL AND THERE'S NOTHING THAT IS TIED INTO ANY, UH, TYPE OF CONDITION, IF THAT MAKES, MAKES SENSE.
THIS, MY CONCERN IS THAT IF HE'S 140 FEET FROM THE EASTERN PROPERTY LINE 90, HE HAS 50 FEET OF THIS, THAT'S GONNA BE ZERO LANDSCAPE BUFFER.
AND THAT'S NOT PART OF THIS REQUEST, AND THAT'S WHAT I'M CONCERNED ABOUT.
SO YOU CAN ONLY, YOU CAN ONLY CONSIDER WHAT WAS ADVERTISED, WHICH IS UP TO THE 90 FEET.
SO IT LOOKS LIKE HIS UPDATED SITE PLAN ACTUALLY EXTENDS THAT EASTERN PORTION.
SO BECAUSE THAT WASN'T ADVERTISED MORE THAN 90 FEET, HE'LL HAVE TO MEET THE BUFFER YARD FOR THAT REMAINING 50 FEET, I THINK IT IS.
UM, OR REQUEST ANOTHER VARIANCE IF HE CAN'T MEET THAT EXACTLY.
I'M TRYING TO UNDERSTAND THE TWO DIFFERENT SITE PLANS AND THE BALANCE OF THE SITE AND HOW YOU GET TO THOSE BUFFER YARD, UH, BOTH NORTH AND SOUTH.
AND ONE THING THAT YOU MENTIONED IS THAT YOU'RE PAVING THE ALLEYWAY, BUT YOU'RE NOT PURCHASING THE ALLEY, BUT YET YOU'RE TAKING 10 FEET OF IT AS YOUR BUFFER YARD.
WHAT IS HAPPENING WITH ALL THE NEIGHBORS ON THE STREET BEHIND YOU WHO HAVE RELIED ON ACCESS FROM THE ALLEYWAY INTO THEIR REAR YARDS FOR THESE YEARS? HOW ARE YOU MAINTAINING THAT ACCESS? SO BASICALLY IT'LL BE, RIGHT NOW THERE IS NO ACCESS.
SO RIGHT NOW THEY HAVE ACCESS TO THEIR BACKYARD AND THEY HAVE THAT PORTION, BUT THE ALLEY'S COMPLETELY UNUSABLE AT THIS POINT, ASIDE FROM STARBUCKS BLOCKING THE ALLEY OFF THAT THERE'S TREES, IT'S JUST NOT, IT'S NOT A FUNCTIONAL ALLEY AT THIS POINT.
SO STAFF, COULD YOU ADDRESS, I UNDERSTAND THAT ALLEYWAYS CAN BE USED AS ACCESS TO REAR PROPERTIES AND OVERGROWN OR NOT, IT DOES APPEAR THAT A COUPLE OF THEM ARE ABLE TO DRIVE THROUGH THE ALLEY TO GET TO THEIR BACKYARDS.
WHAT IS THE REQUIREMENT THAT THAT BE MAINTAINED WITHOUT THIS, THIS, UH, APPLICANT PURCHASING THE ALLEY? SO IN, IN GENERAL FOR ALLEYS, IF IT'S GOING TO BE USED, IT HAS TO BE IMPROVED.
UM, AND IF IT'S GONNA BE USED BY A PARTICULAR PROPERTY OWNER, THEY HAVE TO IMPROVE THEIR PORTION OF THE ALLEY.
UM, HOWEVER, ACCORDING TO OUR RECORDS, IT'S NOT AN ACTUAL ALLEY, IT'S AN EASEMENT.
UH, SO, UM, THERE'S MORE TO DIG INTO AS THEY, AS THEY GO THROUGH THE BUILDING PERMIT PROCESS TO DETERMINE ACCESS IN THAT EASEMENT AND WHO OWNS THE EASEMENT AND HOW THEY'LL HAVE TO ACQUIRE THAT AND, AND BRING INTO THEIR PROPERTY.
BUT IT'S NOT, IT'S NOT AN ACTUAL ALLEY IT AN ACCESS EASEMENT.
IT LOOKS LIKE IT'S A UTILITY EASEMENT.
AND IT'S ALSO SOMETHING THAT WE'RE NOT CONCERNED WITH IN THIS PARTICULAR, UH, ISSUE.
WELL, I AM CONCERNED WITH THE TOTAL BALANCE OF THE SITE FROM NORTH TO SOUTH PROPERTY LINES AND HOW THERE IS A LOT OF KIND OF MOVEMENT IN THE SITE PLANS BEING PRESENTED TO US.
AND I'M FINDING IT DIFFICULT TO UNDERSTAND HOW THE MOTION CAN BE READ, BUT ALSO HOW I CAN SUPPORT THE MOTION IN A WAY THAT CAN JUSTIFY THAT THE APPLICANT IS SHOWING US EXACTLY WHAT IS HAPPENING BETWEEN THEIR PROPERTY DIMENSIONS.
AND RIGHT NOW IT'S VERY UNCLEAR TO ME.
THAT'S WHY I'M ASKING THOSE QUESTIONS.
UH, ANY OTHER QUESTIONS FROM THE BOARD? OKAY, THEN I AM GOING TO REQUEST A MOTION ORIAN MR. ORIAN, REGARDING APPEAL NUMBER B O A DASH 19 DASH 3 0 0 8 9.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A 14 FOOT SIX INCH VARIANCE FROM THE 15 FOOT TYPE B LANDSCAPE BUFFER YARD REQUIREMENT TO ALLOW A BUFFERY YARD TO BE SIX INCHES ALONG 90 FEET OF THE SOUTH PROPERTY LINE.
AND TWO, AN EIGHT FOOT VARIANCE FROM THE 15 FOOT TYPE B LANDSCAPE BUFFER REQUIREMENT TO ALLOW A BUFFERY YARD TO BE SEVEN FEET ALONG 165 FEET OF THE SOUTH PROPERTY LINE SITUATED AT 1901 SOUTHWEST MILITARY DRIVE APPLICANT BEING JD DUDLEY.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
IN THIS CASE, THE REQUESTED BUFFER YARDS ARE NOT CONTRARY TO THE PUBLIC INTEREST AS IT DO NOT NEGATIVELY
[00:50:01]
IMPACT ANY SURROUNDING PROPERTIES OR THE GENERAL PUBLIC.THE PROPERTY IS NOT CURRENTLY BENEFIT FROM ANY BUFFER YARD.
EVEN THE REDUCED BUFFER YARD PROPOSED BY THE APPLICANT WILL ENHANCE THE PROPERTY.
THE BOARD FINDS THAT THE REQUESTS ARE NOT CONTRARY TO THE PUBLIC INTEREST.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP BY REQUIRING THE PROJECT TO BE REDESIGNED TO MEET THE REQUIRED BUFFERY YARD REQUIREMENTS.
ENFORCING THE FULL REQUIREMENT REMOVES PARKING SPACES WHICH MAY LEAVE THE DE THE DEVELOPMENT WITH INSUFFICIENT PARKING SPACES TO OPERATE THE COMMERCIAL USE.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE IN THIS CASE, THE REDUCED BUFFER YARDS WILL ENHANCE THE PROPERTY.
FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED.
THE REQUESTED VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE ON THE SUBJECT PROPERTY OTHER THAN THOSE SPECIFICALLY AUTHORIZED IN THE ZONING.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
ALTHOUGH THE APPLICANT IS SEEKING TO REDUCE BUFFER YARDS REQUIRED BY THE CODE, THE PROVISIONS OF LANDSCAPE BUFFER YARDS WILL STILL ENHANCE THE COMMUNITY AND THE PROPOSED PROJECT.
SIX, THE PLIGHT TO THE OWNER OF THE PROPERTY FOR THE VARIANT TO SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE UNIQUE CIRCUMSTANCES IN THIS CASE IS THAT THERE IS CURRENTLY NO EXISTING BUFFER YARD ALONG THE SOUTH PROPERTY LINE.
DO WE HAVE A SECOND DEAL ALL MR. TEO, UH, WOULD YOU START THE DISCUSSION MR. ORAM? YES.
UH, I'M NOT GONNA BE IN SUPPORT OF THIS, UH, FOR A COUPLE REASONS.
ONE, I DON'T BELIEVE THE SITE PLAN ADEQUATELY AD ADDRESSES BUFFER YARDS REQUIRED BASED ON WHAT IS BEING PROPOSED.
UH, AND TWO, UM, I I DON'T FEEL LIKE I'VE HEARD, UH, A HARDSHIP PROVED, UH, HERE TODAY.
UH, SPECIFICALLY THAT, YOU KNOW, THIS SITE HAS, UH, CHANGED SINCE ORIGINALLY SUBMITTED WITH A, UM, AN UPDATED SITE PLAN.
IT DOES NOT ACCOUNT FOR WHERE THE MISSING EIGHT FEET OF BUFFER YARD IS, HOW THAT IS GOING TO BE PROVIDED, WHETHER THE REARS AN ALLEY OR AN EASEMENT.
AND TWO, I FIRMLY BELIEVE, I, I UNDOUBTEDLY BELIEVE THIS APPLICANT WILL HAVE TO COME BACK TO ASK FOR, UH, BUFFER YARD VARIANCES IF THIS WERE TO PASS.
SO I'D RATHER SEE THIS ALL ADDRESSED IN ONE SWOOP, SO I'LL NOT BE IN SUPPORT.
I'M IN AGREEMENT WITH MY COLLEAGUE.
UM, WELL I DO THINK THAT HAVING TO ADD, UH, THE SIDEWALK REQUIREMENTS AND SOME OF THE, THE, UH, TRAFFIC CALMING COMING INTO THE SITE, UM, ARE, ARE DIFFICULT THINGS TO WORK AROUND.
I I'M NOT SURE THAT THIS HAS BEEN FULLY VETTED AND, UH, I I WILL NOT BE IN SUPPORT IF THE MOTION IS READ.
AND DOES ANYONE ELSE HAVE A STATE, MR. NEFF? I AGREE WITH MY COLLEAGUES.
UM, AS I MENTIONED, I HAVE CONCERNS ABOUT THE BALANCE OF THE SITE AND THE APPLICANT IN MY OPINION HAS FAILED TO SHOW A CLEAR PICTURE OF WHAT THE PLAN IS FOR THIS WITH VARYING SITE PLANS WITH VARYING DIMENSIONS.
UM, I'M UNCLEAR ON THE USE OF THE EASEMENT AS A PORTION OF THEIR DRIVEWAY AND I DON'T SEE THE HARDSHIP, UH, IN THE APPLICANT'S TESTIMONY THAT THEY STILL HAVE ROOM TO PLAY AND MOVE CURBS AROUND AND MAKE EASEMENTS HAPPEN OR EASE, OR EXCUSE ME, MAKE BUFFER YARDS HAPPEN WHERE BUFFER YARDS ARE NOT CURRENTLY SHOWN.
UH, SO I CANNOT SUPPORT THIS, UH, MOTION AT THIS TIME BECAUSE THE INFORMATION IS SIMPLY TOO UNCLEAR VERY WELL.
ANYBODY ELSE ON STATEMENT? THEREFORE WE CAN GO AHEAD AND TAKE THE, UH, ROLL.
MS. DORIAN, I DO NOT CONCUR WITH THE FINDINGS OF FACT MR. TEO.
NO, I DO NOT CONCUR WITH THE FINDINGS OF FACT DR.
I DO NOT CONCUR WITH THE FINDINGS OF FACT MS. BRAGMAN.
I DO NOT CONCUR WITH THE FINDINGS OF FACT MS. CRUZ.
NO, I DO NOT CONCUR MR. BRITTON.
NO, MR. RODRIGUEZ? NO, I DO NOT CONCUR WITH THE FINDINGS OF FACT.
I DO NOT CONCUR WITH THE FINDINGS OF FACT.
I DO NOT CONCUR WITH THE FINDINGS OF FACT.
AND MR. MARTINEZ, I DO NOT CONCUR WITH THE FINDINGS OF FACT.
THE, UH, MOTION TO ABSOLUTELY FAILS.
OH, I FORGOT TO CALL SOMEONE'S NAME.
I DO NOT CONCUR WITH THE FINDINGS OF FACT.
[00:55:01]
ONE.WELL, NEVERTHELESS, IT'S STILL UNANIMOUS.
UM, PLEASE MEET WITH THE STAFF TO DETERMINE YOUR NEXT COURSE OF ACTION AND WE WILL CON CONTINUE TO THE, TO.
EXCUSE ME, WE CAN CONTINUE THE NEXT CASE.
[3. 19-6903 BOA-19-10300099: A request by Jennifer Estrada for a special exception to allow a four-year renewal for a one-operator beauty shop in a single family home, located at 226 Allensworth Street. Staff recommends Approval. (Council District 2) (Rachel Smith, Planner (210) 207-5407, rachel.smith@sanantonio.gov, Development Services Department)]
GOOD AFTERNOON BOARD.I'M INTRODUCING CASE 19 1 0 3 0 0 0 9 9.
I REQUEST FOR A SPECIAL EXCEPTION TO ALLOW A FOUR YEAR RENEWAL FOR A ONE OPERATOR BEAUTY SHOP AND A SINGLE FAMILY HOME.
THE APPLICANT IS JENNIFER ESTRADA.
THE PROPERTY ADDRESS IS 2 26 ALLENSWORTH STREET.
THE ZONING IS R FOUR NC D SIX AND THIS IS A MAP OF THE PROPERTY.
THE APPLICANT IS REQUESTING A SPECIAL EXCEPT TO THE TWO YEAR RENEWAL PERIOD, PERIOD TO ALLOW A FOUR YEAR RENEWAL PERIOD FOR THIS ONE OWNER BEAUTY SHOP IN A SINGLE FAMILY HOME IN WHICH THE OWNER OPERATOR RESIDES.
THE BEAUTY SHOP OPERATES BETWEEN THE HOURS OF EIGHT AND 6:00 PM AND THE APPLICANT SECURED A PERMIT TO OPERATE IN 2017.
THE SITE PLAN, YOU CAN SEE THAT THE BEAUTY SHOP OPERATES, UH, IN THE TOP CORNER OF THE PROPERTY, UH, ABOUT 20% OF THE SQUARE FOOTAGE OF THE HOME.
THERE'S SOME VISUALS OF THE SUBJECT PROPERTY AND THIS IS ALLENSWORTH STREET NEIGHBORING PROPERTIES.
BATH RECOMMENDS APPROVAL OF THIS SPECIAL EXCEPTION TO ALLOW FOUR YEAR RENEWAL FOR A ONE OWNER BEAUTY SHOP IN A SINGLE FAMILY HOME WITH THE HOURS OF OPERATION FROM 8:00 AM TO 6:00 PM IN BO O A 19 103 0 0 9 9.
BASED ON THE FILE, BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUEST MEETS ALL CRITERIA FOR GRANTING THE SPECIAL EXCEPTION.
AND THE SUBJECT PROPERTY IS LOCATED WITHIN THE BOUNDARIES OF MANKEY PARK NEIGHBORHOOD ASSOCIATION.
WE RECEIVED SIX RETURNS IN FAVOR AND ONE IN OPPOSITION, AND NO COMMENTS FROM THE NEIGHBORHOOD ASSOCIATION AND HERE'S A VISUAL OF THE NOTIFICATION PLAN.
DO WE HAVE ANY QUESTIONS FOR STAFF CRUZ, MS. CRUZ? UH, THE ONLY THING WAS I DIDN'T HEAR.
I HEARD, UH, HOURS OF OPERATION.
I DIDN'T HEAR DAYS MONDAY THROUGH FRIDAY.
ANY ADDITIONAL QUESTIONS? UH, ORIAN ORIAN.
AND DID THIS CHANGE FROM THE PREVIOUS APPLICATION, THE DAYS AND THE HOURS, OR IS IT THE SAME? IT'S A SLIGHT CHANGE.
OH, SHE WAS UP UNTIL SEVEN, I BELIEVE.
BUT THE APPLICANT CAN CONFIRM.
THANK YOU VERY MUCH FOR MA DOING A GOOD JOB THERE.
AND WE'RE GOING TO REQUEST THAT THE APPLICANTS STEP FORWARD.
MICHELLE, PLEASE BRING THE MICROPHONE TOO CLOSE TO YOU SO WE CAN HEAR YOU AND WE'LL NEED YOUR NAME AND ADDRESS FOR THE RECORD AND, AND EXPLAIN YOUR CASE.
MY NAME'S MICHELLE RICHARDSON.
I LIVE AT 6 5 0 RZA DOWNS, HEUS 7 8 0 2 3.
I'M HERE TODAY ON BEHALF OF JENNIFER WHO COULDN'T BE HERE, UH, TO SUPPORT HER APPLICATION FOR A SPECIAL EXCEPTION AND RENEW HER ONE OWNER, HER ONE OWNER BEAUTY SHOP IN OPERATING OUT OF HER HOME.
UM, SHE HAS BEEN THERE SINCE 2017.
SHE WORKS MONDAY THROUGH FRIDAY, EIGHT TO SIX.
YOU KNOW, BEAUTY SHOP IS NOT WHERE YOU LOOK, YOU'RE MOST BEAUTIFUL, SO IT'S NICE TO HAVE THAT PRIVACY.
SHE'S BEEN ABLE TO KEEP HER PRICES CONSISTENT, UM, BECAUSE SHE'S NOT FACING ESCALATING RENT LIKE SHE WAS AT THE SALON SHE WAS AT BEFORE, BEFORE, UM, I, THE ONLY CHANGE WAS MONDAY THROUGH FRIDAY, EIGHT TO SIX.
SHE HAD BEEN OPEN TILL SEVEN, BUT THIS BETTER SUITS HER CLIENT'S HOURS.
SO DO YOU HAVE ANY QUESTIONS FOR ME OR, UH, ANY ANY QUESTIONS OF THE APPLICANT'S REPRESENTATIVE OF THE BOARD? UH, I I HAVE ONE QUESTION.
ARE YOU AN, UH, ARE YOU ONE OF HER CUSTOMERS? I, I'M A FRIEND AND A CLIENT.
WE'VE BEEN FRIENDS FOR 21 YEARS.
ARE THERE ANY WITNESSES? NO ONE SIGNED TO SPEAK.
IN THAT PARTICULAR CASE, I BELIEVE THIS IS GONNA BE PRETTY SIMPLE, SO
[01:00:01]
I'M GOING TO REQUEST FOR A MOTION.CRUZ? YES, MS. CRUZ, GO AHEAD.
UM, REGARDING APPEAL NUMBER BO O A 19 1 0 3 0 0 0 9 9, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT TO SPECIAL EXCEPTION TO A FOUR YEAR RENEWAL FOR ONE OPERATOR BEAUTY SHOP IN A SINGLE FAMILY HOME SITUATED AT 2 2 6 ALLENSWORTH STREET, APPLICANT BEING JENNIFER ESTRADA.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT AND PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN A NECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER.
THE REQUESTED SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER, AND THAT THE PROPOSED ONE OPERATOR BEAUTY SALON WILL FOLLOW THE SPECIFIED CRITERIA ESTABLISHED IN SECTION 35 3 99 0.01 IN THE U D C.
THAT BEING, IT WILL BE OPEN MONDAY THROUGH FRIDAY WITH OPERATING HOURS FROM EIGHT TO SIX.
DOES BE DOES PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED.
THE PUBLIC WELFARE AND CONVENIENCE WILL BE SERVED WITH THE GRANTING OF THIS REQUEST.
THE BEAUTY SHOP PROVIDES A VALUABLE AND NEEDED PUBLIC SERVICE TO THE RESIDENTS OF THE NEIGHBORHOOD, AND IT WILL NOT NEGATIVELY IMPACT SURROUNDING PROPERTIES.
C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE SUBJECT PROPERTY WILL BE PRIMARILY USED AS A SINGLE FAMILY RESIDENCE.
THE BEAUTY SHOP WILL OCCUPY ONLY ONE ROOM BY THE STRUCTURE, AND THE BUSINESS VOLUME WILL BE SUCH THAT IT WILL BE UNNOTICED BY THE SURROUNDING COMMUNITY.
THE NEIGHBORING PROPERTIES WILL NOT BE NE NEGATIVELY IMPACTED BY THE OPERATIONS OF THIS BEAUTY SHOP D THE SPECIAL EXCEPTIONS WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH SPECIAL EXCEPTION IT SAW, THE REQUESTED SPECIAL EXCEPTION, WILL NOT NEGATIVELY IMPACT THE ESSENTIAL CHARACTER OF THE MANATEE PARK NEIGHBORHOOD OR THE SURROUNDING PROPERTIES.
E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEARING ESTABLISHED FOR THE SPECIFIC DISTRICT.
THE PURPOSE OF THE R FOUR RESIDENTIAL SINGLE FAMILY DISTRICT IS TO PRESERVE AND PROMOTE NEIGHBORHOOD CENTERS, INCLUDING STORES AND COMMUNITY SERVICES FACILITIES IN THE PEDESTRIAN FRIENDLY ENVIRONMENT.
THE DISTRICT IS PRIMARILY COMPOSED OF SINGLE FAMILY RE RESIDENCES.
THE GRANTEES OF THIS SPECIAL EXCEPTION WILL CONFER TO THE STATE OF PURPOSE AND PRESERVE THE EXISTING CHARACTER OF THE DISTRICT IN A MOTION.
WE HAVE A, A MOTION AND A SECOND.
AND MS. CRUZ, WOULD YOU LIKE TO START THE DISCUSSION? UH, YES.
SINCE THIS IS A RENEWAL AND IT'S BEEN A GOOD FAMILY BUSINESS, AND IT SEEMS LIKE THE NEIGHBORS ALL, UM, ARE ENJOYING THE, THE SERVICES, UM, I WILL GLADLY SUPPORT THIS.
ANYONE ELSE WANNA MAKE IT PART OF THE DISCUSSION CASE? LET'S GO AHEAD AND, UH, MONICA, TAKE THE ROLL.
YES, I CONCUR WITH THE FINDINGS OF FACT.
ELLI, I CONCUR WITH THE FINDINGS OF FACT.
MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT.
MS. DORIAN, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I DO CONCUR WITH THE FINDINGS OF FACT.
THE MOTION PASSED UNANIMOUSLY.
UM, PLEASE GET WITH STAFF FOR, UH, PROCESSING THE PERMIT.
AND, UH, I'M GONNA GO AHEAD, UH, BECAUSE THE NEXT CASE LOOKS A LITTLE COMPLICATED.
I'M GONNA TAKE A, A FIVE MINUTE BREAK FOR THOSE WHO NEED TO USE THE RESTROOM, PLEASE.
[4. 19-6940 BOA-19-10300095: A request by Carlos and Esmeralda Campos for a request for 1) a special exception to allow a privacy fence to be up to 8’ tall on the front yard of the front property line, 2) a special exception to allow a privacy fence to be 4’ tall within front yard of the side property lines, 3) a variance from the restriction of metal sheeting and corrugated metal as a fencing material to allow for its use, located at 6618, 6622 and 6614 Marcum Drive. Staff recommends Approval. (Council District 6) (Mirko Maravi, Planner (210) 207- 0107, mirko.maravi@sanantonio.gov, Development Services Department)]
CASE, UM, BEFORE US IS CASE NUMBER OH NINE FIVE.MARK MAVI PLANNER FOR DEVELOPMENT SERVICES, UH, BO O A 19 DASH 1 0 3 0 0 0 9 5.
THIS IS A REQUEST FOR A SPECIAL EXEMPTION TO ALLOW A PRIVACY FENCE TO BE UP TO EIGHT FOOT TALL ON THE FRONT YARD OF PROPERTY LINE.
A SPECIAL EXCEPTION TO ALLOW PRIVACY FENCE TO BE FOUR FOOT TALL WITHIN THE FRONT YARD OF THE SIDE PROPERTY
[01:05:01]
LINE, AND A VARIANCE FOR THE RESTRICTION OF METAL SHEETING AND COR CORRUGATED METAL AS A FENCE AND MATERIAL TO ALLOW FOR ITS USE.APPLICANT IS CARLOS AND ESMERALDA CAMPOS LOCATED AT 66 18 66 22 AND 6 6 14 MARKHAM DRIVE.
UH, ZONING IS R SIX RESIDENTIAL SINGLE FAMILY ML D TWO MLR ONE H O D.
THIS IS THE LOCATION MAP, AERIAL PHOTOGRAPHY.
THE SUBJECT PROPERTY IS A SINGLE FAMILY DWELLING COMPRISED OF THREE LOTS ACRES OF LAND.
THE SUBJECT PROPERTY IS ON THE STREET WITH LARGE LOT RESIDENTIAL DWELLINGS IN ONE CHURCH DURING FIELD VISITS.
STAFF NOTICE EIGHT FOOT, EIGHT FOOT ENTRANCE EXIT GATES IN FRONT OF THE PROPERTY MADE OF METAL SHEET AND CORRUGATED METAL.
THE ACTUAL PROPERTY IS THE NEIGHBORING PROPERTIES TO THE FRONT.
ANOTHER PHOTO OF THE ACTUAL PROPERTY.
THE SUBJECT PROPERTY STAFF RECOMMENDS APPROVAL OF THE SPECIAL EXEMPTION VARIANCE IN, UH, BO O 8 19 3 0 0 0 0 0 9 5.
BASED ON THE FOLLOWING FINDINGS, DEFENSE HAS BEEN IN PLACE FOR MORE THAN TWO YEARS.
CLEAR VISION STANDARDS ARE NOT IN VIOLATION.
26 NOTICES WERE MAILED TO PROPERTY OWNERS WITHIN 200 FEET AND THERE'S NO NEIGHBORHOOD ASSOCIATION.
WERE RETURN IN FAVOR, ZERO IN OPPOSITION.
THAT'S ALL FOR OUR PRESENTATION.
DO WE HAVE ANY QUESTIONS FOR STAFF? WE'RE IN TORIAN.
SO THE SITE PLAN PRESENTED SHOWS A SIX FOOT CHAIN LINK FENCE, EXI CURRENTLY EXISTING ON THE SIDE.
ARE THEY GONNA ACCOMPLISH THE FOREFOOT PRIVACY SECTION BY PUTTING IN SLATS OR SOMETHING? THERE IS A, ON THE FRONT PORTION OF THE SIDE, UH, PROPERTY, I'M NOT SURE IF YOU CAN SEE IT FROM ONE OF THESE PICTURES.
YEAH, IT'S KIND OF HIDDEN AWAY IN THE BRUSH IN THERE.
BUT, UM, ARE YOU ASKING IF THEY'RE GONNA PUT IT ON THERE OR IS IT, WELL, I MEAN, ARE THEY REMOVING A, A SIX FOOT CHAIN LINK FENCE AND INSTALLING A FOUR FOOT PRIVACY FENCE, OR ARE THEY JUST ADDING SLATS FOR THE FIRST FOUR FEET OF THE CHAIN LINK AND THAT'S HOW IT'S BEING ACCOMPLISHED? I BELIEVE THE SLABS ARE ALREADY IN THERE.
AND THEN THEY, THEY, UH, IS THERE AN ISSUE WITH IT BEING A SIX FOOT FENCE OR THERE, I GUESS THEY'RE, THEY'D HAVE TO CROP IT DOWN A LITTLE BIT 'CAUSE IT'D BE IN THE FRONT YARD.
ARE YOU TALKING, YOU'RE TALKING ABOUT THE, YOU'RE TALKING ABOUT THE SIDE, RIGHT? UH, JUST THE SIDE.
UM, SO WHAT THEY'RE ASKING FOR IS THE PRIVACY FENCE INSTEAD OF THE CHAIN LINK FENCE, BUT IT CAN'T GO TO SIX.
IS IT A HYBRID? I'M I'M ASKING ABOUT THE HEIGHT WITHIN THE FRONT YARD.
SO WITHIN THE FRONT YARD, I THOUGHT THERE WAS A HEIGHT LIMITATION OF, UH, YEAH, SO IF THEY MAKE A, SO THEY'RE ASKING FOR A FOUR FOOT PRIVACY FENCE, BUT ARE THEY GOING TO KEEP IT PREDOMINANTLY OPEN ABOVE THE FOUR FEET FOR THE FULL SIX FEET OF THE EXISTING CHAIN LANE? AM I ASKING THIS QUESTION? RIGHT? IS ANYBODY, I'M, I, I BELIEVE WHAT YOU'RE, I I I BELIEVE WHAT YOU'RE THINKING IS THAT THEY'RE GONNA KEEP THE CHAIN LINK FENCE AND ADD PRIVACY TO THAT.
IS THAT WHAT YOU'RE THINKING? YES.
WELL, I DON'T BELIEVE THAT WE CAN'T, WE CAN EVEN ALLOW A SIX FOOT FENCE IN THE FRONT YARD IF IT'S A PRIVACY FENCE.
THAT, THAT'S WHY I'M WONDERING.
AND WE'RE NOT ALLOWED, I MEAN BY, SO IF I, BY ORDINANCE, IF I MAY CLARIFY A LITTLE BIT THE SIDE PLAN, SO THE EIGHT, THE UP TO EIGHT FEET, IT'S ON THE GREEN, THE GREEN MARKS, THOSE ARE THE FENCE GATES OF MADE OF METAL SHEETING.
AND THEN THE REST OF THE, UM, THAT IS UP TO SEVEN FEET.
THE FE THE CHAIN LINK THAT'S JUST UP TO SEVEN FEET.
THIS IS ALL WITHIN THE FRONT FENCE.
AND THEN ON THE SIDE, THERE'S ONLY PORTIONS THAT ARE UP TO FOUR FEET WITHIN THE FRONT YARD, BUT THEY ARE ONLY ON THE SIDES AND THEY ARE PRIVACY FENCE.
ONE SIDE IS MIDDLE SHEETING AND THE OTHER ONE IS SOLID FIBERGLASS MATERIAL.
AND IS THERE ANY CLEAR VISION ISSUES AT ALL? NO.
[01:10:01]
WHAT WE'RE SEEING IN THE PHOTOS IS WHAT THE REQUEST IS FOR.THERE AREN'T ANY CHANGES TO ANYTHING NEW.
SO IS THERE ANY CORRUGATED METAL OR IS THAT JUST A GENERIC TERM FOR THE STEEL DOORS THAT ARE THERE? THEY DON'T SEE CORRUGATED METAL IN ANY OF THE PHOTOS.
DO NOT SEE ANY CORRUGATED METAL WITHIN THE FRONT.
SEE, SO ACCORDING TO TO THE SIDE PLAN, THERE IS THE METAL, UH, THE METAL CORRUGATED METAL ON THE SIDES, BUT WE CANNOT SEE THAT.
SO THE APPLICANT MAY CLARIFY THAT, BUT AS THEIR REQUEST IN THE APPLICATION, THAT'S WHAT THEY STATED.
SO THOSE ARE THE THREE FOOT METAL SHEET PRIVACY FENCE ON THE LEFT SIDE, IS THAT RIGHT? YES.
FOUR FEET METAL SHEET AND THEN THREE FEET OF METAL SHEET AS WELL.
MR. MANNA, UM, ALONG THIS BLOCK NEIGHBORHOOD, ARE THERE ANY OTHER HOUSES THAT DO NOT HAVE, UH, PREDOMINANTLY CLEAR FENCING THAT'S FOUR FOOT TALL.
IS ANYBODY ABOVE THAT AND, AND, AND, AND SOLID OUTSIDE OF THIS HOME, THERE WAS AT LEAST TWO HOMES IN THE, THE BLOCK THAT I SAW WITH SIMILAR, UH, PRIVACY FENCINGS AS TALL AS THIS.
WE ARE NOT TALKING ABOUT PRI YOU'RE NOT TALKING ABOUT PRIVACY FENCES ARE, YOU'RE TALKING ABOUT CHAIN LINK FENCES? YOU'RE TALKING ABOUT THE FRONT FENCES HERE? YES.
HE'S TALKING ABOUT THE FRONT CHAIN LINK FENCE AND HE IS ASKING OF OTHER HOUSES IN THE NEIGHBORHOOD WITH A SIX FOOT CHAIN LINK FENCE IN THE FRONT AND THEN ALSO THE EIGHT FOOT TALL GATES.
THERE ARE NO, THERE WERE NO OTHER EIGHT FOOT FENCES, BUT THEY ARE SIMILAR FENCES LIKE THAT ONE, THAT PROPERTY CORNER, UH, THAT ONE IS A SIMILAR FENCE GATE, BUT IT'S A SHORTER DISTANCE.
THEY DO NOT HAVE A PERMIT FOR IT.
AND THERE ARE UNKNOWN CODE ENFORCEMENT ISSUES WITH THAT ONE.
AND ALSO THE ABUSE, THAT ONE IS ALSO A PROPERTY RIGHT ACROSS THE STREET.
THAT ONE IS ALSO AN ILLEGAL FENCE, BUT IT'S SIMILAR, UH, STYLES.
AND THIS ONE, THIS ONE IS ALSO, UM, AN ABUSING PROPERTY.
SIMILAR STYLE, BUT NOT UP TO EIGHT FEET.
A QUESTION HERE IS THAT OBVIOUSLY THESE ARE, ARE, UH, LOTS THAT ARE ADJACENT TO EACH OTHER.
SO IT DOESN'T MEET THE ESTATE PROPERTY REQUIREMENT FOR A SIX FOOT FENCE.
HOW DID THEY GET A SIX FOOT FENCE? AS MENTIONED? THEY DO NOT HAVE PERMITS AND THERE'S NO CODE ENFORCEMENT, UH, HISTORY IN IT.
SO THEY MIGHT COME BACK AT A LITTLE POINT OR THEY MIGHT APPLY.
IT'S UNKNOWN CORRECTION AT THIS POINT THERE.
FOR THE SUBJECT PROPERTY, THERE ARE CODE COMPLIANCE, UH, VIOLATIONS, NEIGHBORING PROPERTIES.
UM, THERE ARE NO FENCE PERMITS EITHER, BUT IT'S UNKNOWN IF THERE'S ANY CODE ENFORCEMENT ISSUES WITH THE NEIGHBORING PROPERTIES.
BUT THE SUBJECT PROPERTY DOES WAS, UM, CITED I BELIEVE IN JULY OR AUGUST.
AND THOSE CITATIONS FOR WERE FOR WHAT? FOR THE FENCING, FOR THE SIX FOOT FRONT FENCING, THE EIGHT FOOT GATE AND THE, AND THE CORRU GATE AND THE METAL PANELS USED FOR THE FENCE.
THAT'S CORRECT, CORRECT? THAT'S CORRECT.
SO HE IS A TRIPLE THREAT HERE.
AND UM, SO NOW THEY'RE REQUESTING, AND THIS IS WHAT I'M TRYING TO GET A CLARIFICATION ON, THEY'RE REQUESTING THAT THEY HAVE A FOREFOOT, UH, A WOODEN PRIVACY FENCE THAT'S NOT FOR THE ENTIRE FRONT RIGHT PORTION FOR A SMALL PORTION OR REQUESTING THAT THEY KEEP THE, I GUESS THAT'S A FOUR FOOT METAL PRIVACY FENCE.
THAT'S, THAT'S WHAT I'M READING.
I UNDERSTAND, BUT IT'S A, IT'S A ENCLOSED SOLID FOREFOOT PRIVACY FENCE.
AND THEY'RE ALSO, BUT, UH, THEY'RE, AND SO BECAUSE OF THE GATES, THEY'RE REQUESTING AN EIGHT FOOT FRONT FENCE? THAT IS CORRECT.
BECAUSE OF THE GATES THEMSELVES AT EIGHT FOOT, UM, PRIVACY, THAT WAS A MAIN REQUEST, BUT WITH THE CHAIN LINK, THAT'LL BE A SEPARATE ISSUE OR A SECOND ISSUE.
SO THERE'S ACTUALLY FOUR ISSUES ON THIS PARTICULAR PROJECT.
NOT JUST THE THREE, BUT YOU ONLY ADVERTISE THREE.
THERE IS ONE UP TO EIGHT FEET TALL WITHIN THE FRONT YARD ON THE FRONT PROPERTY LINE FOR THE EIGHT FOOT, UH, FENCE GATES OF METAL SHEETING UP TO SEVEN FEET OF CHAIN LINK, WHICH IS ALSO THE MAX HEIGHT PERMITTED OVERALL IS FIVE FEET.
AND THEN THE FOUR FEET OF PRIVACY FENCING IS WITHIN THE SITE, PROPERTY LINES IN THE FRONT YARD.
SO YOU'RE, YOU'RE SAYING BECAUSE
[01:15:01]
THE, THE EIGHT FOOT TALL GATE BEING PRIVACY, THAT'S THE ONLY ISSUE YOU BROUGHT UP.YOU DIDN'T BRING UP THE FACT THAT IT'S PREDOMINANTLY OPEN SIX OR SEVEN FOOT FENCE IN THE FRONT.
SO IT'S, IT'S ALL INCLUSIVE IN THAT FIRST VARIANCE.
SO REMEMBER THERE'S SEVEN FEET AND THERE'S EIGHT FEET.
IT WAS ADVERTISED UP TO EIGHT FEET FOR A PRIVACY FENCE.
SO IT'S, IT'S ALL INCLUSIVE IN THAT FIRST MO IN THE FIRST, UM, VARIANCE REQUEST.
SO BECAUSE THAT IMPACTS THE ENTIRE FRONT YARD PROPERTY LINE.
WHETHER IT'S EIGHT OR SEVEN, BUT IT AT, ITS AT ITS HIGHEST, IT'S EIGHT FEET.
AND THEN THE, THE FOUR FOOT ON THE SIDE.
AND THEN THE MATERIAL FOR THE THIRD VARIANCE.
THE THIRD MATERIAL FOR ACTUALLY FOR BOTH THE SIDE AND THE FRONT.
EVERYBODY UNDERSTAND THAT? ANYONE HAVE ANY QUESTIONS FOR STAFF BECAUSE OF THAT? AND JUST, JUST TO BE CLEAR, IF THIS MOTION AS, AS ADVERTISED PASSES TODAY, THEY COULD MAKE THE ENTIRE FRONT EIGHT FOOT PRIVACY'S CORRECT.
NOT JUST THE GATE OR ON THE SIDE PLAN, OR THEY COULD? THAT'S CORRECT.
ANY OTHER QUESTIONS? ALL RIGHT, THANK YOU VERY MUCH.
I BELIEVE IT'S TIME TO BRING THE APPLICANT FORWARD.
A FEW YEARS AGO, I PUT UP A SEVEN FOOT CHAIN LINK FENCE WITH EIGHT FEET SLIDING GATES TO PROTECT MY FAMILY AND MY PROPERTY.
TO THE LEFT SIDE, WE'VE PUT UP THREE FEET METAL SHEATHING TO KEEP STRAY ANIMALS OUT AND OUR DOGS IN.
ALSO THE HEAT OFF OF THE METAL SHEATHING ALLOWS THE TREES TO GROW FASTER AND PROVIDES MORE PRIVACY ON, ON THE RIGHT SIDE.
WE'VE ALSO USED METAL SHEETING TO PROVIDE MORE PRIVACY AND HELP THE HEDGERS GROW FASTER.
THERE'S ANOTHER PICTURE OF OUR FRONT YARD WITH OUR STEEL GATES.
THE REASON FOR THEM BEING SO HIGH EIGHT FEET TALL IS TO KEEP OUR KIDS SAFE WHILE PLAYING IN THE YARD AND PROVIDE BETTER SECURITY FOR OUR PROPERTY.
WE WENT AROUND THE NEIGHBORING TO NEIGHBORING PROPERTIES TO ASK IF THEY HAD AN ISSUE WITH OUR GATES.
NOT ONE PERSON HAD A PROBLEM AND THEY ALL UNDERSTOOD WHY WE DECIDED TO PUT THEM UP DIRECTLY ACROSS FROM OUR HOME IS A RENTAL PROPERTY.
A FEW YEARS AGO WE HAD A RENTER.
THE RENTER AT THE TIME WAS HARASS AND THREATEN MY WIFE AND KIDS.
HE WOULD SHOOT HIS GUN IN THE AIR WHILE SHOUTING AT NEIGHBORS.
THE PICTURE SHOWS CASINGS FOUND BY MY OLDEST SON IN FRONT OF OUR HOME AND WE'VE ALSO HAD MULTIPLE BURGLARIES OVER THE YEARS.
IN 2017, A CAR SPINNING AROUND THE CORNER LOST CONTROL AND DESTROYED OUR PREVIOUS GATE LOOKING FOR US.
OUR KIDS WERE INSIDE AT THE TIME AND NO ONE WAS INJURED.
THE DRIVER SPED OFF AND WAS NEVER CUT.
MARCO WAS A NEIGHBOR WHO ALSO HAD PROPERTY DAMAGE WHEN A DRUNK DRIVER LOST CONTROL AND TOOK OUT A CITY LIGHT POLE, THEIR GATE A TREE, AND CAUSED DAMAGE TO ONE OF THEIR VEHICLES.
THE DRIVER HAD NO INSURANCE AND MY NE NEIGHBOR NEVER RECEIVED ANY COMPENSATION FOR THE PROPERTY DAMAGES OF OVER $15,000.
THEY'VE ALSO HAD BURGLARIES, TRESPASSERS, AND THEIR CHIHUAHUA WAS ATTACKED AND KILLED BY A NE BY THE NEIGHBOR'S PIT BULL THAT CAME IN THE YARD.
66 0 2 IS THE DOOR IS THE JUST NEXT DOOR TO OUR HOUSE.
ON SEPTEMBER 23RD, 2018, THE OWNER DISCOVERED A DEAD BODY IN THE CREEK BEHIND HIS PROPERTY.
POLICE LATER CONFIRMED HE DIED OF A GUNSHOT WOUND TO THE HEAD.
66 11 HAD A CAR STOLEN FROM THEIR DRIVEWAY.
[01:20:01]
IT WAS FOUND A WEEK LATER, FILLED WITH DRUGS, STOLEN PROPERTY AND GUNS.15 IS AN ELDERLY COUPLE WHO HAVE A NEIGHBOR THREATENED THEM WHILE SHOOTING THEIR GUN IN THE AIR.
THE CURRENT RENTER HAS HAD SQUATTERS LIVING BEHIND HER HOUSE AND BURGLARIES AS WELL.
66 31 IS ALSO A RENTAL PROPERTY IS CURRENT THAT IS CURRENTLY VACANT DUE TO A FIRE.
THEY HAVE ALSO HAD SQUATTERS LIVING AND CAUSING MORE DAMAGES TO THEIR HOME.
THERE ARE ALSO A FEW VACANT LOTS ON OUR STREET.
THAT'S WHERE MOST OF THE DRIVE-BY SHOOTINGS HAPPENED, AS WELL AS ILLEGAL DUMPING.
SINCE OUR GATES HAVE BEEN UP, WE HAVE, OR HAPPY TO SAY WE HAVEN'T HAD ANY BURGLARIES.
UH, WE ALSO FEEL MUCH SAFER AND SECURE.
DOES WE HAVE ANY QUESTIONS FOR THE APPLICANT? ORIAN, MR. ORIAN, GO AHEAD.
UH, YOUR PRESENTATION MADE REFERENCE THAT A NEIGHBOR WAS SHARING YOUR GATE.
IS THIS GATE LOCATED ENTIRELY ON, ON YOUR PROPERTY OR IS IT A JOINT USE GATE? UM, IT'S A JOINT USE GATE.
HAVE YOU, THEY GO THROUGH YOUR PROPERTY TO, TO GET TO THEIRS THOUGH, RIGHT? UH, NO.
IT'S JUST A SOLID GATE IN BETWEEN BORDER DOORS.
SO DOES THAT, IS IS THE APPLICATION BEFORE US, UM, INCLUDING PROPERTY THAT'S OFFSITE NOW HE'S MAKING REFERENCE TO THE SITE, NOT TO THE FRONT.
DO WE HAVE ANY OTHER QUESTIONS? OKAY.
UM, DO WE HAVE ANY WITNESSES? NO ONE'S SIGNED IN AT ALL.
ARE YOU IN THE LANDSCAPE BUSINESS? YES, I DO LANDSCAPING.
I MEAN THOSE, I PLANTED 'EM ABOUT FOUR YEARS AGO.
I I DON'T, I DEARLY DON'T UNDERSTAND WHY YOU NEED, UH, A SOLID FENCING ON WITH HEDGES LIKE THAT.
BUT WHEN I PLANTED 'EM ABOUT FOUR YEARS AGO, THEY WERE LIKE THAT SMALL.
AND THE, THE HEAT, EVEN FROM THE PRIVACY FENCE, IT HELPS 'EM GROW SO MUCH FASTER.
SO THEY, YOU'RE SAYING THAT METAL FENCES CREATE HEAT? MM-HMM.
UM, OKAY, WELL THANK YOU VERY MUCH.
I'LL CLOSE THIS TO THE, TO THE PUBLIC AND LET'S ENTERTAIN THE MOTION MR. NEFF REGARDING APPEAL NUMBER BO A 1 9 1 0 3 0 0 0 9 5.
I MOVE THAT THE BOARD OF ADJUSTMENT, SEEING THAT THEY'RE SPLIT UP BOARD OF ADJUSTMENT GRANT NUMBER ONE, A SPECIAL EXCEPTION TO ALLOW A PRIVACY FENCE TO BE UP TO EIGHT FEET TALL ON THE FRONT YARD OF THE FRONT PROPERTY LINE.
AND NUMBER TWO, A SPECIAL EXCEPTION TO ALLOW A PRIVACY FENCE TO BE FOUR FOOT TALL WITHIN FRONT YARD OF THE SIDE PROPERTY LINE SITUATED AT 66 18, 66, 22, AND 66 14 MARKHAM DRIVE, APPLICANT BEING CARLOS AND ESMERALDA COMPOST BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER.
THE U D C STATES THAT THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR A FENCE HEIGHT MODIFICATION UP TO EIGHT FEET.
THE ADDITIONAL FENCE HEIGHT IS INTENDED TO PROVIDE SAFETY AND SECURITY OF THE APPLICANT'S PROPERTY.
IF GRANTED, THIS REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE.
THESE CRITERIA ARE REPRESENTED BY MAXIMUM FENCE HEIGHTS TO PROTECT RESIDENTIAL PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY.
AN EIGHT FOOT TALL CLOSED GATE WAS BUILT IN THREE PORTIONS OF THE FRONT PROPERTY LINE WITH METAL SHEETING AND CORRUGATED METAL, AND A FOUR FOOT TALL PRIVACY FENCE WITHIN THE FRONT YARD OF THE SIDE PROPERTY LINE TO PROVIDE ADDITIONAL SECURITY FOR THE APPLICANT'S PROPERTY.
THIS IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY
[01:25:01]
INJURED BY SUCH PROPOSED USE.THE FENCE WILL CREATE ENHANCED SECURITY FOR THE SUBJECT PROPERTY AND IS HIGHLY UNLIKELY TO INJURE ADJACENT PROPERTIES AS IT HAS BEEN IN PLACE FOR MORE THAN TWO YEARS.
FURTHER, THE FENCING DOES NOT VIOLATE CLEAR VISION STANDARDS.
SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE FENCING DOES NOT DETRACT FROM THE CHARACTER OF THE NEIGHBORHOOD.
THE FENCING IS IN LINE WITH OTHER PRE-EXISTING FENCING MATERIAL AND HEIGHT WITHIN THE IMMEDIATE VICINITY.
SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT.
PROPERTY IS LOCATED WITHIN THE R SIX M L O D TWO M L R ONE A H O D RESIDENTIAL SINGLE FAMILY LACKLAND MILITARY LIGHTING OVERLAY, MILITARY LIGHTING REGION ONE AIRPORT HAZARD OVERLAY DISTRICT, AND PERMITS THE CURRENT USE, THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT.
DO WE HAVE A MOTION? DO WE HAVE A SECOND? WE HAVE A SECOND.
JEANNE, WOULD YOU LIKE TO START DISCUSSION? YES.
I WILL BE IN SUPPORT OF THIS MOTION.
I THINK THE APPLICANT'S PRESENTATION, UM, IS EXCELLENT.
IT COVERED MANY BASES, SHOWING HARDSHIP, SHOWING CRIME, SHOWING ISSUES.
UM, ALSO IN LOOKING IN THE NEIGHBORHOOD, YOU CAN SEE THAT IT IS NOT, UM, OUT OF THE ORDINARY OR OUT OF THE CHARACTER WITH THE COMMUNITY.
THERE ARE MANY, UH, TALLER CHAIN LINK FENCES.
THERE ARE MANY CHAIN LINK FENCES COVERED WITH SOLID MATERIALS THAT MAKE THEM NEAR PRIVACY.
AND THERE ARE MANY GATES THAT ALSO ARE SOLID THAT ALMOST NEARLY MATCH THIS APPLICANT.
SO IN TERMS OF CHARACTER, IT FITS RIGHT IN.
WHEN I SEE ALL OF THESE MATERIALS LISTED, USUALLY THE PROPERTIES LOOK HORRIBLE, BUT IN THIS CASE IT ACTUALLY LOOKS GOOD.
AND, UH, BASED ON THE APPLICANT'S PRESENTATION AND TESTIMONY IS REALLY, UM, MAKING ME VOTE YES FOR THIS.
MR. NIFT DID A FINE JOB, SO I THANK THEM.
ANYONE ELSE WANT TO PUT, UH, GIVE THEIR RODRIGUEZ, MR. RODRIGUEZ? YEAH, UM, I THINK THAT THE FACT THAT, UH, HIS NEIGHBORS VERY MUCH WELL RECEIVED THIS PROJECT, UM, IS VERY TELLING.
ANYONE ELSE? UH, I'M GONNA MAKE A BIG STATEMENT.
I FIND THIS VERY INTERESTING THAT THIS GOT AWAY WITH THIS LONG BECAUSE IT'S QUITE OBVIOUS THAT THIS IS MORE OF A COMPOUND THAN A RESIDENCE.
IT, UH, IT, I DON'T THINK THAT EVEN IN, IN MOST OF THE NORTHERN AREAS OR LARGEST STATES, THAT SUCH A, SUCH AN ISSUE EVER, EVER ARISES LIKE THIS.
A FENCE THIS LARGE IS QUITE UNUSUAL IN, IN THE FRONT YARD.
UH, AS FOR THE AESTHETICS, OBVIOUSLY IT'S IN THE EYE OF THE BEHOLDER BECAUSE I DON'T SEE IT TO BE ALL THAT BEAUTIFUL.
UM, AND I'M DISCOURAGED BY THE FACT THAT, UM, THAT WE'RE TALKING ABOUT ALLOWING AN EIGHT FOOT FENCE IN THE FRONT YARD IN A RED ON OUR, OUR SIX NEIGHBORHOODS.
THAT TO ME, THAT'S, THAT'S SETTING A PRECEDENT I THINK IS GONNA CREATE A PROBLEM.
AND BECAUSE OF THAT, UH, I CANNOT SUPPORT THIS PARTICULAR MOTION.
BUT, UH, ANYONE ELSE WANT TO HAVE SOME INPUT? OTHERWISE, ORIAN ORIAN, GO AHEAD.
YEAH, NORMALLY I WOULDN'T BE FOUR AN EIGHT FOOT FENCE, BUT REALISTICALLY TO ME, BECAUSE IT IS BASICALLY A LARGE LOT OF STATE, EVEN THOUGH IT'S THREE SMALLER LOTS, I, I DON'T TAKE ISSUE WITH IT.
UH, AND YOU KNOW, IT REALLY DOES LOOK GREAT.
UH, AND SO I, I DON'T HAVE, I DON'T, I DON'T HAVE A PROBLEM.
I CONCUR WITH THE FINDINGS OF FACT.
MR. TE? YES, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
I DO NOT CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
[01:30:01]
MR. MARTINEZ.I DO NOT CONCUR DENYING VOTING IN THE AFFIRMATIVE.
PLEASE GET WITH STAFF FOR THE PROPER PERMITTING AND THE PROCESS.
WE STILL NEED THE VARIANCE ON THIS ONE.
ALL RIGHT, UH, WE'LL CONTINUE NOW WITH THE, THE VARIANCE ON THE MATERIALS.
I BELIEVE I'LL FOLLOW UP WITH THIS MOTION AS WELL.
REGARDING APPEAL NUMBER B O A 1 9 1 0 3 0 0 0 9 5.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A VARIANCE FROM THE RESTRICTION OF METAL SHEETING AND CORRUGATED METAL IS A FENCING MATERIAL TO ALLOW FOR ITS USE SITUATED AT 66 18 66, 22, AND 66 14 MARKUM DRIVE, APPLICANT BEING CARLOS AND ESMARALDA CAMPOS 'CAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
IN THIS CASE, THE FENCE WILL BE BUILT, IS BUILT WITH METAL SHEETING AND CORRUGATED METAL.
THE FENCE IS CONSISTENT WITH THE NEIGHBORING HOMES.
IF GRANTED, THIS REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
ALLOWING THE APPLICANT TO CONSTRUCT UP TO EIGHT FOOT METAL FENCE WILL HELP CREATE A SAFE AND PRIVATE ENVIRONMENT WHILE MAINTAINING CONSISTENCY.
THEREFORE, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
GRANTING THE VARIANCE WILL NOT SUBSTANTIALLY INJURE THE NEIGHBORING PROPERTIES AS THE FENCE WILL ENHANCE SAFETY AND PRIVACY FOR THE SUBJECT PROPERTY AND IS HIGHLY UNLIKELY TO INJURE ADJACENT PROPERTIES.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE DISTRICT IN WHICH THE REQUEST FOR A VARIANCE IS LOCATED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT.
SUCH A VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE UP TO EIGHT FOOT METAL FENCE CONTRIBUTES TO THE CHARACTER OF THE COMMUNITY.
THE FENCE WILL NOT IMPOSE AN IMMEDIATE THREAT TO ADJACENT PROPERTIES.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE UNIQUE CIRCUMSTANCE IN THIS CASE IS THAT THE NEW FENCE WAS BUILT WITH A COMBINATION OF FENCE MATERIALS NOT EXPOSING THE EDGES OF THE METAL SHEETING.
IT IS DIFFICULT TO ESTABLISH HOW THE REQUEST COULD HARM ADJACENT OWNERS OR DETRACT FROM THE CHARACTER OF THE COMMUNITY.
OKAY, WE HAVE A MOTION AND A SECOND.
WOULD YOU LIKE TO START THE DISCUSSION? YES.
UH, LIKE I SAID BEFORE, THIS IS A SLIGHTLY DIFFERENT CASE INVOLVING WHAT'S LISTED AS CORRUGATED METAL OR METAL SHEETING.
UM, BECAUSE OF THE TREATMENT AND THE LOCATIONS OF THEM, UH, ALONG THE FRONT PROPERTY LINE AGAINST THE RIGHT OF WAY WHERE YOU HAVE THE POTENTIAL OF PASSERSBY TO BE IN CONTACT WITH IT.
IT APPEARS TO BE A WELL CONSTRUCTED SHEET METAL, UM, WITHOUT SHARP EDGES FROM WHAT I CAN TELL, UM, AND DONE IN MY OPINION IN AN ATTRACTIVE WAY.
UM, ALSO ALONG THE SIDE, PROPERTY LINES IN THE FRONT YARD, IT APPEARS THAT METAL SHEETING IS ALMOST NOT VISIBLE, OR AT LEAST NOT IN ANY VIEWS THAT WE HAVE SEEN AS IT'S COVERED BY THE LARGE HEDGES AND ALSO PROTECTED BY THE HEDGES, UH, FROM ANYONE BEING IN CONTACT WITH IT.
UM, WE ALSO HEARD TESTIMONY THAT THERE WAS A HIT AND RUN VEHICLE THAT CRASHED THROUGH A FORMER GATE AND A HIT AND RUN VEHICLE THAT CRASHED INTO AN ADJACENT HOME.
AND IT COULD BE ARGUED AND I THINK WAS IMPLIED BY THE APPLICANT THAT THIS STEEL, THE STEEL GATES IN THE FRONT HELPED PROTECT HIS HOME, HIS VEHICLES AND HIS, UH, SECURITY.
AND THERE WAS ALSO TESTIMONY THAT A NEIGHBOR'S PIT BULL ATTACKED AND POSSIBLY KILLED.
I DON'T REMEMBER A NEIGHBOR'S DOG HAVING A MORE SECURE FENCE.
ALONG THOSE SIDE LINES IS I BELIEVE A BENEFIT OR A NECESSITY TO THIS, UH, APPLICANT.
SO I'M IN FAVOR OF THESE METAL FENCES AND THIS UNIQUE SITUATION AS PRESENTED BY THIS APPLICANT.
ALRIGHT, ANY FURTHER DISCUSSION? RODRIGUEZ? RODRIGUEZ? YES.
UM, AGAIN, UH, THE NEIGHBORS, THEY'RE VERY MUCH IN FAVOR OF THIS.
[01:35:01]
SENTENCE IS VERY TELLING ALSO ON THE, ON THE MOTION.AND THAT IS THAT IT IS DIFFICULT TO ESTABLISH HOW THE REQUEST COULD HARM ADJACENT OR OWNERS OR DETRACT FROM THE CHARACTER OF THE COMMUNITY.
SO I WILL BE IN FAVOR VERY WELL.
AND, UH, LET'S GO AHEAD AND TAKE THE ROLL CALL VOTE MONICA.
I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I DO NOT CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I DO NOT CONCUR WITH THE FINES OF FACT.
THE MOTION DOES PASS NINE TO TWO.
UM, AGAIN, SEE STAFF FOR THE PROPER PERMITTING.
UM, SINCE THESE WERE BUILT WITHOUT PERMIT.
[5. 19-6904 BOA-19-10300100: A request by Chris Madrid's for special exception for an 8’ tall privacy fence along the north and east property lines, located at 1900 Blanco Road. Staff recommends Approval. (Council District 1) (Debora Gonzalez, Senior Planner (210) 207- 3074, debora.gonzalez@sanantonio.gov, Development Services Department)]
B O A 19 1 0 3 0 0 100.IT'S A REQUEST FOR SPECIAL EXCEPTION FOR, UH, TO A, UH, FOR AN EIGHT FEET TALL PRIVACY FENCE ALONG THE NORTHERN AND EASTERN AND EAST PROPERTY LINES.
APPLICANT, UH, CHRIS MADRID'S PROPERTY ADDRESS, 1900 BLANCA ROAD SUNNING C TWO AND CD FIVE AH O HERE IS THE LOCATION MAP WITH AN AERIAL PHOTOGRAPH.
THE APPLICANT IS REBUILDING A RESTAURANT AND HAS VOLUNTARY AGREED WITH THE NEIGHBORS TO INSTALL IF ALLOWED.
A DOUBLE-SIDED AND INSULATED EIGHT FEET WOODEN FENCE ALONG PORTIONS OF THE NORTHERN AND EASTERN PROPERTY LINES TO BETTER SCREEN NOISE AND LIGHT FROM THE RESTAURANT OPERATIONS, ESPECIALLY AS IT IS, AS IT WOULD RELATE TO AN OUTDOOR PATIO SITTING AND RELATED ACTIVITIES.
THIS IS HOLLYWOOD AND BUNKER ROAD.
THE, UH, THERE IS A RESIDENTIAL PROPERTY OVER HERE AND THIS IS PARKING LOT.
SO THE REQUEST IS FOR THE EIGHT FOOT FENCE ALONG THIS PORTION AND THIS PORTION OF BEAUTY RESIDENTIAL.
WE CAN SEE THAT, UM, FENCE OR STRUCTURE OR WORK IS BEING DONE.
NEIGHBORING PROPERTIES STAR RECOMMENDS APPROVAL OF VARIANCE IN BO A 19 1 0 3 0 0 100 BASED ON THE FOLLOWING FINDINGS OF FACT, THE APPLICANT STATES THEY, THEY HAVE VOLUNTARY AGREED WITH THE NEIGHBORS TO INSTALL A DOUBLE-SIDED AND INSULATED EIGHT FEET WOODEN FENCE NECESSARY TO SCREEN THE NOISE AND PROVIDE A PRIVACY FOR THE RESIDENCE.
AND THE FENCE DOES NOT VISUALLY HINDER THE ADJACENT PROPERTY'S, UM, DRIVEWAY OR OTHER MOTORIST VIEW.
MALE 29 IN NOTICES ON THE SUBJECT PROPERTY IS LOCATED WITHIN THE BOUNDARIES OF BEACON HILL NEIGHBORHOOD ASSOCIATION.
ZERO IN FAVOR, ZERO POSITION AND NO COMMENT FROM THE NEIGHBORHOOD ASSOCIATION.
QUESTIONS? ANY CUSTODY TO THE STAFF? NO.
MR. NEFF THERE REALLY NO COMMENT FROM THE NEIGHBORHOOD ASSOCIATION ON THIS ONE.
I'M SHOCKED SINCE THEY HAVE PROBABLY AGREED UP ON IT.
PROBABLY NOT PUT, DID NOT RECEIVE ANY, ANY COMMENTS.
SO, SO FROM OUR, THE PRESENTATION SO FAR, THIS CAME, THIS REQUEST CAME AS PART OF AN AGREEMENT BETWEEN THE NEIGHBORS, CORRECT? YES.
ALRIGHT, SO THAT EXPLAINS THAT.
ALRIGHT, BRING FORWARD THE APPLICANT.
UM, BEFORE THE APPLICANT SPEAKS, JUST WANNA LET YOU KNOW ABOUT YOUR COMPUTERS.
IF YOU COULD, UM, USE THE MOUSE TO TRY TO KEEP IT ACTIVE.
THERE WAS SOME UPGRADES THAT WERE DONE AND SO IT'S TIMING OUT AFTER NO USE, BUT WE'RE GONNA FIX THAT BY THE NEXT MEETING.
BUT JUST TO AVOID THE LOCKING OUT AGAIN, JUST KIND OF USE YOUR MOUTH SO THAT WAY IT SHOWS ACTIVITY AS YOU'RE, UH, LOOKING AT THE COMPUTER SCREEN.
SO JUST WANTED TO MAKE YOU AWARE OF THAT.
HELLO, I'M RICHARD PEACOCK WITH CHRIS MADRIDS.
I THINK, UH, THE APPLICATION IS FAIRLY SELF-EVIDENT, BUT, UH, WE ACTUALLY, UH, RIGHT AFTER WE STARTED THE SORT OF SERIOUS, UH, REEVALUATION AND, UH, REDESIGN OF THE FACILITY, JUST MET WITH SOME NEIGHBORS AND HEARD THAT IN, UH, THE LAST SEVERAL YEARS, EVEN BEFORE WE GOT THE HANDOFF
[01:40:01]
FROM THE MADRID FAMILY, THAT THERE HAD BEEN SOME CONCERNS ABOUT NOISE AND LIGHT.AND SO WE VOLUNTARILY JUST AGREED TO GO AHEAD AND ASK FOR THIS VARIANCE SO THAT WE COULD BETTER SHIELD THE NEIGHBORHOOD FROM THE ACTIVITIES OF THE RESTAURANT.
SO, UM, THIS IS BASICALLY AS A RESULT OF THAT CONVERSATION.
SO WITH, WE DIDN'T REALLY, JUST FOR WHAT IT'S WORTH, WE DIDN'T GET INTO A SITUATION WITH THE NEIGHBORHOOD ASSOCIATION WHERE WE NEEDED SOMETHING FROM THEM AND WE AGREED TO DO THIS AS A RESULT.
THIS IS SOMETHING WE JUST VOLUNTARILY AGREED TO ASK FOR.
SO, UM, HAPPY TO ANSWER ANY QUESTIONS Y'ALL MIGHT HAVE.
SO YOU'RE, I I SEE THE REASON FOR THE EIGHT FOOT FENCE, BUT I'M, I'M OUTTA CURIOSITY, THE NEW BANDSTAND THAT YOU'RE PROPOSING, HOW TALL IS IT? IS EIGHT FEET GOING TO BE ADEQUATE? THE BANDSTAND, THE HEIGHT OF IT PROBABLY EXCEEDS VERY CLOSE TO THE SAME HEIGHT.
I, I, I'D HAVE TO, I'D HAVE TO GO BACK AND LOOK.
IT DOESN'T, IF IT RISES ABOVE, UH, THE HEIGHT OF THE FENCE, IT'S NOT BY TWO FEET, I WOULDN'T THINK EVEN.
BUT FOR WHAT IT'S WORTH, THE, THE FENCE IS ACTUALLY SORT OF THE FIRST AND THE MOST IMMEDIATE LINE OF SORT OF CONTAINMENT.
BUT RIGHT INSIDE THAT FENCE, WE'RE ALSO PLANTING FIVE FOOT ON CENTER.
UM, A SOLID ROW OF XLO SMA THAT WILL GROW PROBABLY 12, 14, 15 FEET TALL.
ALRIGHT, SO THAT'S, I THINK THAT'S GONNA DO A LOT AS WELL.
IT'S GONNA BE SIGNIFICANTLY HIGHER THAN THE FENCE.
ANY FURTHER QUESTIONS FOR THE APPLICANT BEING THE CASE? DO WE HAVE ANY WITNESSES? NO ONE SIGNED UP.
UM, DO YOU HAVE ALLOWED AN UH, CLOSING STATEMENT? OKAY, I'M GONNA CLOSE THIS TO THE PUBLIC AND LET'S GO AHEAD AND TAKE A MOTION.
REGARDING APPEAL NUMBER BO A DASH 19 1 0 3 0 0 1 0 0, I MOVED THAT THE BOARD OF ADJUSTMENT GRANTED A SPECIAL EXCEPTION FOR AN EIGHT FOOT TALL PRIVACY FENCE ALONG THE NORTH AND E EAST PROPERTY LINES SITUATED 1900 BLANCO ROAD APPLICANT BEING CHRIS MADRID'S.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH, THEY THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER.
UH, THE UNIFIED DEVELOPMENT CODE STATES THAT THE BOARD OF ADJUSTMENT CAN GRANT, CAN GRANT A SPECIAL, A SPECIAL EXCEPTION FOR A FENCE HEIGHT MODIFICATION UP TO EIGHT FEET.
THE ADDITIONAL FENCE HEIGHT IS INTENDED TO SCREEN NOISE AND PROVIDE PRIVACY FOR THE RESIDENTS.
IF GRANTED, THIS REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE, OF THE ORDINANCE, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE, THIS CRITERIA ARE REPRESENTED BY MAXIMUM HEIGHT, UH, FENCE HEIGHTS TO PROTECT RESIDENTIAL PRO PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY.
THE FENCE HEIGHT WILL BE BUILT ALONG THE NORTH AND EAST, EAST PROPERTY LINES SCREENING NOISE AND PROVIDING PRIVACY FOR THE RESIDENTS.
THIS IS NOT CONTRARY TO PUBLIC INTEREST.
THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE NO ADJACENT PROPERTY OWNER NOR NOR THAT TRAVELING PUBLIC WILL BE HARMED BY THE PROPOSED FENCE.
THE SPECIAL EXCEPT EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS THE EIGHT FOOT FENCE ALONG THE NORTH AND EAST PROPERTY LINES WOULD NOT SIGNIFICANTLY, SIGNIFICANTLY ALTER THE OVERALL APPEARANCE OF THE DISTRICT AND WOULD SCREEN NOISE AND PROVIDE ADDED PRIVACY FOR OUTDOOR PATIO USES.
THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED IN FOR THE SPECIFIC DISTRICT.
THE PURPOSE OF THE, UH, FENCING STANDARDS IS TO PROTECT THE HEALTH, SAFETY AND GENERAL WELFARE OF THE PUBLIC.
THE SPECIAL EXCEPTION REQUEST IS TO ALLOW INNATE FOOT FENCE ALONG THE NORTH AND EAST PROPERTY LINES IN ORDER TO SCREEN NOISE AND PROVIDE PRIVACY FOR THE RESIDENTS.
THEREFORE, THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT AND A MOTION.
SECOND, WE HAVE A MOTION AND A SECOND, AND HENRY WOULD LIKE TO START DISCUSSION.
WELL, CHRIS MADRID IS DOING EVERYTHING THEY CAN TO BE GOOD NEIGHBORS, CONSIDERATE OF THE, OF THEIR, OF THE PEOPLE THAT, THAT ARE IN CLOSE PROXIMITY OF THE, OF THAT SUCH BUSINESS.
AND THAT'S BESIDES HAVING GREAT BURGERS, I'M IN SUPPORT.
[01:45:01]
HANNAH WOULD LIKE TO SAY SOMETHING.I DOUBLE EVERYTHING THAT HE SAYS.
ANYONE ELSE THEN? UH, LET'S GO AHEAD AND TAKE THE ROLL CALL VOTE MONICA.
MR. RODRIGUEZ? YES, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
WELL, I, I GUESS TAKE CARE OF IT WITH THE, UH, STAFF FOR THE PERMITTING.
[6. 19-6822 BOA-19-10300098: A request by Dustin Brisco for a 4’9” variance from the 5’ side yard setback requirement to allow an attached patio and cover to be 3” from the side yard property line, located at 618 Dawson Street. Staff recommends Approval. (Council District 2) (Dominic Silva, Senior Planner (210) 207- 0120, dominic.silva@sanantonio.gov, Development Services Department)]
PLEASE.THIS IS FOR BO O A 19 1 0 3 0 0 0 9 8.
A REQUEST FOR FOUR FOOT NINE INCH VARIANCE FROM THE FIVE FOOT SIDE YARD SETBACK PERMIT TO ALLOW AN ATTACHED PATIO COVER, PATIO AND COVER TO BE THREE INCHES FROM THE SIDE YARD PROPERTY LINE APPLICANT BEING DUSTIN BRISCOE.
PROPERTY ADDRESS IS 6 1 8 DAWSON STREET ZONING.
HIS ARM FOR RESIDENTIAL MIXED DIGNITY.
HISTORIC AIRPORT HAZARD RELATED DISTRICT.
THIS IS THE LOCATION MAP WITH AERIAL PHOTOGRAPH CASE SUMMARY.
THE APPLICANT IS REQUESTING A VARIANCE FOR THE PATIO COVER TO BE THREE INCHES FROM THE SIDE PROPERTY LINE.
THE PRINCIPAL STRUCTURE IS ANGLED, NOTICEABLY CROOKED WITHIN THE PROPERTY.
AS THE SURVEY SHOWS, STAFFS NOTICE THAT MOST PROPERTIES ON DAWSON STREET ARE ALSO ANGLED NOTICEABLY CROOKED WITHIN THEIR PROPERTIES.
THE PRINCIPAL STRUCTURE WAS BUILT CIRCA IN 1920 WITH THE REAR ENTRY DOOR RAISED ABOVE GROUND LEVEL.
THUS THE PATIO HAS BEEN REBUILT.
TO MATCH THE EXISTING, THE APPLICANT OBTAINED AN ADMINISTRATIVE CERTIFICATE OF APPROPRIATENESS FROM THE OFFICE OF HISTORIC PRESERVATION FOR THE CONSTRUCTION OF THE PATIO COVER THAT MATCHES THE EXISTING ROOF LINE OF THE PRINCIPLE STRUCTURE.
AND THIS IS THE SITE PLAN, WHICH YOU CAN SEE IS VERY CROOKED.
THIS IS THE SUBJECT PROPERTY AND THIS IS THE PATIO COVER.
THE PATIO COVER SIDE SUBJECT PROPERTY WHERE YOU CAN SEE THE, UH, PATIO COVER ON THE FENCES PATIO COVER A NEIGHBORING PROPERTY.
HERE'S THE NEIGHBORING PROPERTY STILL IN THE REAR NEIGHBORING PROPERTY, NEIGHBORING PROPERTIES ACROSS THE STREET PROPERTIES.
THE VARIANCE IN VO O A 19 1 0 3 0 0 9 8 BASED ON FOLLOWING FINDINGS OF FACT NUMBER ONE, THE PROPOSED PAD COVER BE OUT OF SIGHT FROM PUBLIC RIGHT OF WAY IN THE REAR OF THE PROPERTY.
NUMBER TWO, THE PAD COVER FOLLOWS THE PRINCIPAL STRUCTURE, WHICH IS ANGLED NOTICEABLY CROOKED, AS DOES MOST PROPERTIES ON DAWSON STREET.
AND THREE, THE PAD COVER MATCHES THE MATERIAL AND GENERAL CHARACTERISTIC OF THE NUITY HILL HISTORIC DISTRICT.
AND THE APPLICANT HAS OBTAINED A CERTIFICATE APPROPRIATENESS FOR THE PAD COVER.
MAILED 28 NOTICES ON SUB SUB SUBJECT PROPERTY LOCATED WITHIN THE DIGNITY HILL NEIGHBORHOOD ASSOCIATION.
ZERO IN FAVOR, THE OPPOSITION AND NO COMMENT FROM THE NEIGHBORHOOD ASSOCIATION.
AND THIS IS THE NOTIFICATION PLAN.
IS THERE ANY QUESTIONS ORIAN MS. DORIAN, GO AHEAD.
SO THE, THE, THE EXISTING HOME THAT'S, THAT'S ADJACENT TO THE PORCH EXTENSION COVER EXTENSION, IS IT ANGLED THE SAME DIRECTION OR IS IT CREEPING CLOSER TO THE PORT? IT'S HARD TO TELL FROM THE PICTURES.
NO, IT'S EXACTLY ANGLED THE SAME WAY AS THE PRINCIPAL STRUCTURE.
SO THERE IT'S MAINTAINED THE CONTINUITY OF THE SPACING.
ANY ADDITIONAL QUESTIONS? ALL RIGHT.
STAFF THAT'S TAKES CARE OF THAT.
LET'S BRING THE APPLICANT FORWARD.
UM, THE, UH, WHEN THE DECK WAS BUILT, THEY JUST WANTED TO KEEP IT WITH, WITH THE FOOTPRINT OF THE HOUSE.
AND IF YOU, YOU CAN SEE ON THE SURVEY, THEY, IT JUST WOULD'VE HAD THIS LITTLE VACANT AREA IN THE BACK AND THAT'S WHY THEY DID IT LIKE THAT.
AND THE FENCE IS SO BEAT UP AND, UH, THERE'S VEGETATION ALL OVER IT.
IT'S SO OLD, THEY PROBABLY DIDN'T REALIZE THEY WERE GETTING THAT CLOSE, CLOSE TO THE PROPERTY LINE IS WHAT HAPPENED, YOU KNOW, AND, UM, THAT'S, AND THAT'S WHY, THAT'S WHY IT IS WHAT IT IS.
AND, AND HERE'S A PICTURE RISCO, MR. RISCO.
YEAH, WE NEED YOU TO, UM, CLEARLY STATE YOUR
[01:50:01]
NAME AND ADDRESS.DIDN'T, DIDN'T SHE LIST TOO ON? NO, BUT YOU MAY GO AHEAD AND, AND STATE YOUR NAME AND ADDRESS AS THE REPRESENTATIVE FOR THE APPLICANT.
I'M, I'M ROBERT KU, I'M HERE TO REPRESENT FULL COAT PROPERTIES.
MS. VALERIE FULLER, THE OWNER.
DO YOU NEED YOUR, UH, NAME YOUR ADDRESS FOR THE RECORD, PLEASE? 6 1 8 DAWSON STREET.
BUT WHEN, WHEN YOU'RE LOOKING OFF THE DECK TO THE SIDE, TO THE HOUSE THAT'S RIGHT NEXT TO IT, THAT'S WHAT YOU SEE.
THE GUY DOESN'T HAVE ANY WINDOWS.
HE, IT'S NOT REALLY DOING MUCH FOR HIM ONE WAY OR THE OTHER.
UM, THAT HOUSE HAS BEEN VACANT FOR PROBABLY AT LEAST FIVE YEARS.
I DON'T, I DON'T KNOW WHO OWNS IT, BUT, UM, THEY'D HAVE TO ADD WINDOWS TO EVEN SEE THE, THE DECK.
SO YOU REALLY, LIKE, YOU CAN'T EVEN SEE IT FROM THE STREET.
AND THE ONLY SOLUTION WE BEAT THE, THE, THE TEAR OUT A CHUNK OF THE DECK AT THIS POINT.
SO THAT'S WHAT WE'RE ASKING YOUR PERMISSION FOR, JUST TO LEAVE IT THE WAY IT IS.
OTHERWISE WE'LL HAVE TO, UH, PROBABLY CUT A FOOT OFF THE SIDE OF IT.
I MEAN, IT'S JUST GONNA BE A LOT OF WORK.
IT'S, UH, IT'S ALL GONNA GO IN THE LANDFILL AND JUST GET THROWN AWAY AND, AND THAT, THAT'S THE ONLY WAY TO SOLVE IT.
ANY QUESTIONS TO THE APPLICANT? MANNA, MR. MANNA? UM, SO HOW DOES THE WATER RUN OFF, UH, OVER THAT SECTION, UH, OF THE HOUSE THERE? SO WHAT, WHERE DOES IT GO? THE, THE BACKSIDE OF, OF THE HOUSE? IT'S, UH, IT'S JUST FLAT.
SO IT'S ALL ANGLED TOWARDS THE BACK.
IT'S, IT'S A STANDING SEA METAL ROOF AND IT ALL JUST RUNS STRAIGHT OFF THE BACK.
F MR. NEFF, WHAT PORTION OF THIS, UH, PORCH EDITION IS THREE INCHES FROM THE PROPERTY LINE O ONLY THE, THE FARTHEST BACK CORNER.
UM, IF YOU GO BACK TO THE SURVEY, YOU CAN SEE HOW IT'S, UM, IT'S, THE HOUSE IS SO CROOKED.
I GUESS, I MEAN THE ROOF COVER OR THE FLOOR, WHICH, WHERE IS THE DIMENSION TAKEN? THAT IS THREE INCHES.
UM, THE, THE DECK ITSELF, UM, I GUESS THE FLOOR LEVEL.
AND THEN WHERE IS THE ROOF EVE IN RELATION TO THE PROPERTY LINE WITH, WITH THE GRADING SLOPES BACK SO MUCH THAT IF YOU STAND THERE AND LOOK, IT'S KIND OF TOUGH TO TELL BECAUSE YOU'RE LOOKING AT TRYING TO FIGURE OUT THREE INCHES, ABOUT 12 FEET UP, YOU KNOW, AND SO IT'S DIFFICULT TO MEASURE IT.
THE, THE OVERHANG WITH THE SIDE OF THE DECK, IT'S, IT'S, THEY'RE VERY, VERY CLOSE TO EACH OTHER.
UM, IT MAY OVERHANG AN, AN AN AN INCH OR TWO OFF THE SIDE OF THE DECK, OFF THE HANDRAILS ON THE SIDE.
LOOKING AT THE PHOTO THAT I HAVE ON MY SCREEN, YOU HAVE A, A FIVE AND A HALF INCH BOARD THAT COMES AWAY FROM THE COLUMN AT THE FLOOR AND THEN AT THE ROOF YOU HAVE MAYBE 18 INCHES SPACING BETWEEN RAFTERS OUT TO THE EDGE OF THE EAVE.
SO THERE'S, THEY'RE CLEARLY NOT IN LINE WITH EACH OTHER AND THERE'S WAYS TO MEASURE THAT WITH PLUMB BOBS AND MEASURING TAPES AND THINGS.
I JUST WANNA MAKE SURE YOU UNDERSTAND WHAT THERE IS ON YOUR STRUCTURE IN RELATION TO THE PROPERTY LINE, WHETHER IT'S OVER THE PROPERTY LINE OR IS THE EVE THREE INCHES FROM THE PROPERTY LINE.
THAT'S GONNA REALLY DIRECT SOME OF OUR DECISIONS HERE AND IT'D BE GOOD TO BE CLEAR.
UM, THE DIFFICULTY WITH THE FENCE TOO IS, IS YOU CAN SEE IN THAT PICTURE, I MEAN, LOOK AT IT, YOU KNOW, IT'S, UH, IT'S SO HARD TO TELL WITH THE FENCE.
SO I WAS, WE'RE JUST GOING OFF THE SURVEY LINE.
THE FENCE, THE FENCE IS NOT ON THE, THE PROPERTY.
SO THE SURVEY IS REALLY WHAT TELLS YOU EVERYTHING.
RIGHT THERE AT, I MEAN, AT THAT CORNER OF THE DECK, IT LOOKS LIKE THE FENCE IS, IS FAIRLY ACCURATE, BUT AS YOU GET BACK, YEAH, I MEAN, IT'S, IT'S WAY OFF TOWARDS THE BACK OF THE LOT.
UM, BUT THE FENCE IS ALSO BOWED REAL BAD.
IT'S, IT'S, IT'S BOWING, IT'S FALLING APART.
SO TRYING TO USE THAT FOR A POINT OF REFERENCE IS REALLY DIFFICULT.
ALRIGHT, ANY ADDITIONAL QUESTIONS FOR THE APPLICANT? NONE.
ARE THERE ANY WITNESSES? NO ONE SIGNED UP.
THEREFORE, UH, YOU ARE ENTITLED A CLOSING STATEMENT.
ANY MORE QUESTIONS? THAT'D BE ABOUT IT.
UH, JUST, JUST FOR YOUR INFORMATION, UM, REGARDLESS OF WHAT THE DECISION IS TODAY, UH, NO STRUCTURE CAN ACTUALLY HANG OVER A PROPERTY LINE, SO THAT'S JUST FOR YOUR INFORMATION.
I'M GONNA CLOSE THIS TO THE PUBLIC AND, UH, MONICA, UH, LET'S GO AHEAD AND HAVE, UM, UH, A MOTION FROM THE, FROM THE DIOCESE PLEASE.
REGARDING APPEAL NUMBER BO O A DASH 19 DASH 1 0 3 0 0 0 9 8, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A FOUR FOOT NINE INCH VARIANCE FROM THE FIVE FOOT SIDE SETBACK TO ALLOW AN ATTACHED PATIO AND COVER TO BE THREE INCHES FROM THE SIDE PROPERTY LINE SITUATED AT SIX 18 DAWSON
[01:55:01]
STREET.APPLICANT BEING DUSTIN BRISCOE BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PATIO COVER IS NOT CONTRARY TO PUBLIC INTEREST, AS IT DOES NOT NEGATIVELY IMPACT ANY SURROUNDING PROPERTIES OR THE GENERAL PUBLIC.
THE PATIO COVER WILL NOT BE NOTICEABLE TO THE PASSERBY AS IT IS LOCATED IN THE REAR OF THE PROPERTY.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP.
LITERAL ENFORCEMENT OF OR OF THIS ORDINANCE WOULD RESULT IN THE APPLICANT BEING APPLICANT REMOVING NOT ONLY THE, THE PORTION OF THE PATIO COVER TRESPASSING INTO THE SIDE SETBACK, BUT ALSO THE DECK THAT SERVES AS THE LANDING PAD FOR THE REAR ENTRY.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS THE INTENT OF THE REQUIREMENT RATHER THAN THE STRICT LETTER OF THE LAW.
THE PATIO COVERS NOT OVERWHELMING IN SIZE COMPARED TO THE PRINCIPAL STRUCTURE AND SERVES AS A LANDING PAD FOR THE REAR ENTRY, WHICH IS LOCATED ABOVE GROUND LEVEL FOUR.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTIES FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE PERMITTED WITHIN THE PROPERTY'S CURRENT BASE ZONING.
DISTRICT FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE PROPERTY IS LOCATED IN A HISTORIC DISTRICT CHARACTERIZED BY REDUCED SIDE SETBACKS AND NARROW LOTS.
THE APPLICANT HAS OBTAINED AN ADMINISTRATIVE CERTIFICATE OF APPROPRIATENESS AND HAS FOLLOWED THE SAME CHARACTERISTICS OF THE PRINCIPAL STRUCTURE TO INCLUDE ROOF LINE AND MATERIAL.
FURTHER, THE PATIO COVERS LOCATED IN THE REAR OF THE PROPERTY WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE VARIANCE BEING SOUGHT IS DUE TO SIZE CONSTRAINTS OF THE PROPERTY IN REGARD TO A FIVE FOOT SIDE SETBACK FROM THE PROPERTY LINE.
THE PRINCIPAL STRUCTURE IS ANGLED, NOTICEABLY CROOKED WITHIN THE PROPERTY.
AS THE SURVEY SHOWS STAFF NOTES THAT THE, THAT MOST PROPERTIES ON DAWSON STREET ARE ALSO ANGLED, NOTICEABLY CROOKED WITHIN THEIR PROPERTIES.
FIVE SECOND WRITTEN MAKES A SECOND, UH, ORIN.
MR. WOULD YOU LIKE TO START THE DISCUSSION? SURE.
UM, I AM CONCERNED THAT THE OVERHANG DOES EXTEND BEYOND THE PROPERTY LINE AS IT'S FAIRLY CLEAR TO THE PICTURE.
BUT IF WE GRANT, UH, THE VARIANCE AS RI AS READ AND AS REQUESTED, THEY WILL HAVE TO MAKE THAT REMEDY, UH, WITH DEVELOPMENT SERVICES.
UM, SO I'LL BE IN SUPPORT AS READ.
UM, BRI WOULD YOU LIKE TO MAKE A STATEMENT? I I I'M SUPPORTING THIS MOTION.
ANYONE ELSE WANNA MAKE A STATEMENT SESSION? ALRIGHT, THEREFORE, UH, LET'S GO AHEAD AND TAKE A ROLL CALL.
MR. ORIAN, I CONCUR THE FINDINGS OF FACT.
MR. THIEL? YES, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
NO, I DO NOT CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT MR. MARTINEZ.
I DO NOT CONCUR WITH THE FINDINGS OF FACT.
ALTHOUGH THE UH, NINE VOTES ARE NEEDED TO PASS, THE MOTION DOES PASS.
UM, AND, UH, PLEASE GET WITH STAFF FOR PROPER DOCUMENTATION.
[7. 19-6820 BOA-19-10300096: A request by Frederic D Wile for a 1) a 4’ 6” variance from the 5’ side and rear setback requirement to allow a detached storage shed to be 6” from the side and rear yard property line and 2) a 2’ 6” variance from the 3’ requirement for projecting architectural features to allow overhang to be 6” from the side and rear property lines, located at 306 Callaghan Avenue. Staff recommends Approval. (Council District 1) (Dominic Silva, Senior Planner (210) 207- 0120, dominic.silva@sanantonio.gov, Development Services Department)]
THIS IS FOR BO O A 19 1 0 3 0 0 0 9 6.A REQUEST FOR ONE A FOUR FOOT SIX INCH VARIANCE FROM THE FIVE FOOT SIDE AND REAR SETBACK REQUIREMENT TO ALLOW DETACHED STORAGE SHED TO BE SIX INCHES FROM THE SIDE AND REAR YARD PROPERTY LINE AND TO A TWO FOOT SIX INCH VARIANCE FROM THREE THREE FOOT REQUIREMENT FOR PROJECTING ARCHITECTURAL FEATURES TO ALLOW OVERHANG TO BE SIX INCHES FROM THE SIDE AND REAR PROPERTY LINES AC APPLICANT BEING FREDERICK D WILD PROPERTY ADDRESS IS 3 0 6 CALLAHAN AVENUE ZONING IS THE RM FOUR RESIDENTIAL MIXED LAVACCA HISTORIC AIRPORT HAZARD OVERLAY DISTRICT.
THIS IS THE LOCATION MAP WITH AERIAL PHOTOGRAPH CASE SUMMARY.
THE APPLICANT REQUESTS VARIANCE FOR A SHED THAT WAS PARTIALLY CONSTRUCTED PRIOR TO STOPPING WORK.
THE SHED MEASURES 140 SQUARE FEET AND THUS DOES NOT REQUIRE PERMIT.
[02:00:01]
H D R C AND HAS RETAINED A CERTIFICATE OF PROPE USE FOR THE SHED.STAFF NOTES THE ACCESSORY STRUCTURE WITHIN THE HISTORIC DISTRICT GENERALLY FOLLOWS HISTORIC SETBACKS CLOSER TO PROPERTY LINES AND NARROW REAR LOCK LOT YARDS THE ENTIRE BLOCK, INCLUDING THE PROPERTY'S ADJACENT TO THE SUBJECT PROPERTY, FUTURE ACCESSORY STRUCTURES CLOSER TO THE PROPERTY LINES.
THIS IS THE SHED FROM THE STREET AT THE VERY BACK.
THIS IS THE STREET VIEW NEIGHBORING PROPERTY.
AND THIS IS THE SHED LOOKING AT THE SIDE PROPERTY LINE.
AND THIS IS THE APPLICANT PICTURES.
UM, HE DID UPDATE AND GAVE ME NEW PICTURES WHERE HE DID CUT IT TO BE SIX INCHES AWAY FROM THE SIDE PROPERTY LINE.
APPLICANT PICTURES APPLICANT PICTURE THAT RECOMMENDS APPROVAL OF THE VARIANCE IN B O A 19 1 0 3 0 0 0 9 6 BASED ON THE FOLLOWING FINDINGS OF FACT NUMBER ONE, THE PROPOSED SHED WILL PROVIDE ADEQUATE SPACE FOR MAINTENANCE OF THE STRUCTURE WITHOUT TRESPASS STORM WATER CONTROLS AND FIRE ITEM MATERIALS AS REQUIRED BY CODE, THE APPLICANT HAS ATTAINED A CERTIFICATE OF TERMINATION FOR THE SHED THAT REQUIRES THE APPLICANT TO MAINTAIN THE ESSENTIAL CHARACTER OF THE LAVACCA HISTORIC DISTRICT.
THE CURRENT PLACEMENT THE SHED FOLLOWS HISTORIC SETBACKS ENJOYED BY THE MAJORITY OF OWNERS WITHIN THE LAVACCA HISTORIC DISTRICT.
WE MAILED 30 NOTICES ON THE SUBJECT PROPERTY LOCATED WITHIN THE LAVACCA NEIGHBORHOOD ASSOCIATION.
ONE IN FAVOR, ZERO IN OPPOSITION AND NO COMMENT FROM THE LAVACCA NEIGHBORHOOD ASSOCIATION.
IS THERE ANY QUESTIONS? ANY QUESTIONS FOR THE STAFF? ORIAN MS. DORIAN? SO THE REQUEST IS FOR, UM, FOUR FOOT SIX FROM THE SIDE AND REAR FOR THE SHED AND THEN, UH, HAVING THE OVERHANG TO BE AS CLOSE AS SIX INCHES.
BUT THE OVERHANG DOES GO PAST THE SHED.
SO I MEAN THE SHED IS LIKE A FOOT EASILY OFF OF THE PROPERTY LINE, CORRECT? CORRECT.
YEAH, IT'S, AND, AND, AND IS A FENCE JUST REALLY IN THE WRONG PLACE? 'CAUSE IT SURE, I MEAN FROM YOUR TAPE, IT LOOKS LIKE YOU GOT THREE FEET FROM THE WALL OF THE STRUCTURE.
I MEAN IT SHOULD BE LIKE ALMOST TWO AND A HALF FEET FROM THE EDGE.
UH, THIS IS FOR THE, MAINLY FOR THE PROJECTING ARCHITECTURAL FEATURE, THE OVERHANG TO BE SIX INCHES AWAY.
SO WHEN WE DID SAF VISITS, IT WAS NOT, HOWEVER THE APPLICANT DID GO AFTERWARDS, CUT IT TO BE SIX INCHES, SENT US UPDATED PHOTOS.
UM, YEAH, I I MEAN I SEE THAT WITH THE CUTBACK PHOTO, BUT IT STILL LOOKS LIKE THAT ARCHITECTURAL FEATURES EASILY TWO FEET AWAY FROM THE PROPERTY.
SO THE FENCE IS, AND THEN THE LAST QUESTION IS ON THE, THE SKETCH THAT WAS PROVIDED, THE NEIGHBOR HAS AN ACCESSORY USE, IT SEEMS TO GO THROUGH THE PROPERTY LINE IN THE REAR IS, BUT ON THE, IT DOESN'T SEEM TO MATCH THE AERIAL.
IS THERE ANOTHER STRUCTURE REALLY CLOSE TO THAT CORNER? I TRIED TO LOOK AT IT, BUT THERE WAS SUCH THICK VEGETATION ON EITHER SIDE OF THE PROPERTY.
I COULDN'T GET GOOD PICTURES OR CONFIRMATION OF WHAT THAT WAS.
DO YOU KNOW WHAT IT IS EXACTLY? IS IT A SHED? I DON'T, I, IT LOOKS LIKE IT FROM THE VIEW I DID SEE IT KIND OF LOOKS LIKE A DETACHED STORAGE STRUCTURE, BUT I COULDN'T SAY FOR SURE.
AND HOW DO YOU THINK THAT THE DRAINAGE FROM THE ROOF LINE WOULD CONFLICT WITH THE ROOF OF THESE ACCESSORY STRUCTURES THAT ARE SO CLOSE? I DON'T THINK IT WOULD HAVE A PROBLEM.
THE OVERHANG DOES KIND OF SLOPE, YOU KNOW, FROM NORTH TO SOUTH OF THE PROPERTY.
SO THERE'S PLENTY OF SPACE FOR THE WATER DRAINAGE TO GO ONTO ITS PROPERTY AND NOT INTO THE OTHERS.
ANY OTHER QUESTIONS? NONE BEING THE CASE.
HELLO, MY NAME IS JOEL FICKLE.
I'M AT 14,500 BLANCO ROAD NUMBER 6 2 1.
AND I'M SPEAKING FOR THE APPLICANT FREDERICK WEILL.
THE REASON HE, UH, WAS ASKING FOR THIS VARIANCE IS BECAUSE THE LOT IS VERY SMALL IN THE BACK OF HIS HOUSE, SO THERE'S VERY LITTLE ROOM TO PUT ANY TYPE OF A SHED THERE AND STILL HAVE A YARD AT ALL.
SO THAT'S THE REASON WHY HE WAS ASKING FOR THIS VARIANCE LIKE THAT.
AND THAT ONE QUESTION THAT YOU HAD, THAT ONE SHED DOES PROTRUDE OVER THE PROPERTY LINE IN THE BACK FROM THE NEIGHBOR, FORGOT WHO ASKED THAT.
THE SHED IS ABOUT 29 TO 27 INCHES.
[02:05:01]
AGAIN, THESE, UH, PROPERTY LINES ARE NOT BUILT TO BE STRAIGHT.LIKE MOST, MOST OF THESE FENCES HAVE BEEN BUILT AND HE, UH, DID CUT THE ROOF DOWN SO THAT IT WOULD BE, ACTUALLY, IT'S MORE THAN SIX INCHES FROM THE PROPERTY LINE.
I THINK IT'S MORE LIKE NINE INCHES FROM THE PROPERTY LINE.
AND HE DID THAT ON THE BACK, THE REAR SIDE.
ALSO, THE NEIGHBORS SHED BACKS UP DIRECTLY TO THE PROPERTY LINE, I'LL SEE FROM THE ONE FRONT VIEW.
SO IT'S EXACTLY BUILT ON THE PROPERTY LINE ITSELF, WHICH A LOT OF THOSE HOUSES IN THE AREA HAVE SHEDS AND PORCHES THAT ARE BUILT OVER THE PROPERTY LINE OR ON THE PROPERTY LINE.
DO WE HAVE ANY QUESTIONS FOR THE APPLICANT? IAN? IAN? SO THE, UH, YOU HAVE A SM LIKE A THREE OR FOUR FOOT WIRE FENCE THAT'S ON ONE SIDE OF THE TREE, THEN THERE APPEARS TO BE A SIX FOOT WOOD FENCE ON ANOTHER SIDE OF A TREE ON THE SIDE OF THE HOME.
DID YOU, ARE YOU UNDER THE IMPRESSION THAT THE, THE WIRE FENCE IS YOUR PROPERTY LINE? UH, I THINK IT'S JUST THE WOOD FENCE.
SO ON THE SIDE THAT'S, THAT ANSWERS THAT.
I JUST THINK THEY JUST DIDN'T, THIS WAS A RENTAL PROPERTY BEFORE AND HE JUST DIDN'T TAKE IT UP.
AND ARE AND ARE YOU THE, THE CONTRACTOR? NO, I'M JUST A, A FRIEND AND, AND A CARPENTER.
I, I'M NOT ACTUALLY A CONTRACTOR.
DO YOU FEEL THAT, THAT YOU COULD, DURING THE BUSINESS, COULD YOU MAINTAIN SUCH A, SUCH AN ITEM, UH, WITH ITS CLOSE PROXIMITY TO THESE OTHER STRUCTURES? I'M JUST CURIOUS UNDER OF YOUR OPINION.
IN FACT, I THINK, UH, I THINK HE WAS GONNA PUT A GUTTER ON THAT BACK ROOF LINE THAT DRAINS OFF, OFF INTO THE NEIGHBOR'S PROPERTY THERE.
ALTHOUGH I DON'T THINK IT WOULD DRAIN ONTO THE PROPERTY.
BUT JUST TO KEEP THE WATER FROM BACK IN THAT CORNER HERE, HE WAS GONNA PUT A GUTTER ON IT AND DIRECT IT TOWARD THE FRONT.
ANY OTHER QUESTIONS ON BEING THE CASE? IS THERE ANY, ANY WITNESSES IN THIS CASE? NO ONE SIGNED UP TO SPEAK, SIGNED UP TO SPEAK, SIGNED UP TO THIS CASE? WELL, I BELIEVE YOU'VE GIVEN US A FAIRLY GOOD EXPLANATION OF WHAT YOU'VE, WHAT WE'RE DEALING WITH HERE.
AND, UH, THEREFORE I'M, I'M GONNA CLOSE THIS TO THE, UH, OPEN PUBLIC THANK YOU AND, UM, ENTERTAIN A MOTION DEAL.
REGARDING APPEAL NUMBER BO O A DASH ONE NINE DASH 0 3 9 6, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, ONE A FOUR FOOT SIX VARIANCE FROM THE FIVE FOOT SIDE AND REAR SETBACK TO ALLOW A DETACHED STORAGE SHED TO BE SIX INCHES FROM THE SIDE AND REAR PROPERTY LINE.
AND TWO, A TWO FOOT SIX INCH VARIANCE FROM THE THREE FOOT REQUIREMENT FOR PROJECTING ARCHITECTURAL FEATURES TO ALLOW AN OVERHANG TO BE SIX INCHES FROM THE SIDE AND REAR PROPERTY LINES SITUATED AT 3 0 6 CALLAHAN AVENUE, APPLICANT BEING FREDERICK D WILD BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFYING DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PROPOSED SHED IS NOT CONTRARY TO THE PUBLIC INTEREST, AS IT DOES NOT NEGATIVELY IMPACT ANY SURROUNDING PROPERTIES OR THE GENERAL PUBLIC.
THE SHED IS MINIMALLY VISIBLE FROM THE PUBLIC RIGHT OF WAY AND WILL NOT BE NOTICEABLY NOTICEABLE TO PASSERSBY.
A CERTIFICATE OF APPROPRIATENESS HAS BEEN TAMED TO PRESERVE THE CHARACTER OF THE HOUSE AND THE NEIGHBORHOOD TO DUE TO THE SPECIAL CONDITIONS.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP.
LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT REMOVING THE SHED ENTIRELY DUE TO A NARROW REAR YARD.
AND EXCUSE ME, THERE IS NO OTHER PLACE IN THE REAR YARD THAT COULD ACCOMMODATE A SHED.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS THE INTENT OF THE REQUIREMENT RATHER THAN THE STRICT LETTER OF THE LAW.
THE PROPOSED SHED IS NOT OVERWHELMING IN SIZE MEASURING AT 140 SQUARE FEET COMPARED TO THE PRINCIPAL STRUCTURE AND WILL ALLOW THE OWNER ADEQUATE RELIEF IN STORAGE SPACE DUE TO THE LIMITED SPACE OF A 1200 SQUARE FOOT HOME.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE PERMITTED WITHIN THE PROPERTY'S CURRENT BASED ZONING.
DISTRICT FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE
[02:10:01]
USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.THE PROPERTY IS LOCATED IN A HISTORIC DISTRICT CHARACTERIZED BY NARROW REAR YARD, SMALL PRINCIPLE STRUCTURES AND HISTORIC SETBACKS.
THUS, THE PROPOSED SHED AT ITS CURRENT PLACEMENT WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES OR ALTER THE CHARACTER OF THE DISTRICT.
FURTHER, THE APPLICANT HAS OBTAINED A CERTIFICATE OF APPROPRIATENESS FOR APPROVAL TO CONSTRUCT A SHED THAT MATCHES THE STYLING CHARACTER OF THE NEIGHBORHOOD.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OR ARE NOT DUE TO OR THE RESULT OF THE GENERAL CONDITIONS IN THE DISTRICT FOR WHICH THE PROPERTY IS LOCATED.
THE VARIANCE BEING SOUGHT IS DUE TO SIZE CONSTRAINTS OF THE REAR PROP PROPERTY IN REGARD TO THE FIVE FOOT SIDE AND REAR SETBACK FROM THE PROPERTY LINE.
IF APPROVED ADVOCATE SPACE WILL BE RESERVED FOR SETBACKS, MAINTENANCE OF THE STRUCTURE WITHOUT TRESPASS AND STORMWATER CONTROLS.
FURTHER, THE PROPOSED SHED WILL BE OUTTA SIGHT FROM THE PUBLIC RIGHT OF WAY INTO MOTION.
ALRIGHT, DO WE HAVE A SECOND? SECOND, DR.
ALRIGHT, LET'S, UH, MR. THIEL, WOULD YOU START THE DISCUSSION? YES.
UM, I THINK THAT THIS INDIVIDUAL'S GONNA GONE THROUGH THE PROCESS WITH H D R C, UH, GETTING THE CERTIFICATE OF APPROPRIATENESS.
UM, THERE ARE UNIQUE CIRCUMSTANCES BEING HOW OLD THESE PROPERTIES ARE ACTUALLY LIVE TWO BLOCKS AWAY.
UM, I WILL BE IN SUPPORT OF THIS.
UH, DOCTOR, UM, YEAH, I AGREE WITH MY COLLEAGUE.
THIS IS CONSISTENT WITH THE NEIGHBORHOOD AND, UM, AND HE'S GONE THROUGH ALL THE APPROPRIATE CHANNELS.
ANYONE ELSE THEN BEING THE CASE? LET'S GO AHEAD AND TAKE THE ROLL CALL VOTE.
MR. THIEL? YES, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
MR. RODRIGUEZ? YES, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
UH, PLEASE CONTINUE THE PROCESS WITH STAFF.
UH, THE TIME IS, UH, NOW, UH, 3 43, UM, ON SEPTEMBER 16TH, 2019, BOARD OF ADJUSTMENT MEMBER MR. NEFF WILL BE, UH, LEAVING AND SARAH, UH, VINNO WILL BE REPLACING ON AT HIS PLACE.
COULD WE HAVE THE, THE, UH, CARD PLEASE? ALL RIGHT.
SO LET'S GO AHEAD AND CONTINUE WITH OUR NEXT CA UH, WOULD YOU LIKE ME TO WAIT FOR MR. UH, RODRIGUEZ? RODRIGUEZ? HE TOOK A BREAK.
[8. 19-6905 BOA-19-10300101: A request by Damian Benavides from NCD-7 Jefferson Neighborhood Conservation Design standards to allow a detached carport to be in front of the primary façade, located at 446 Alexander Hamilton Drive. Staff recommends Denial. (Council District 7) (Debora Gonzalez, Senior Planner (210) 207- 3074, debora.gonzalez@sanantonio.gov, Development Services Department)]
BELIEVE WE'RE HAVING ENOUGH HERE TO CONTINUE.VO O A 19 1 0 3 0 0 1 0 1 IS A REQUEST FROM THE NNC D SEVEN JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT DESIGN STANDARDS TO ALLOW A DETACHED CARPORT TO BE IN FRONT OF THE PRIMARY FACADE APPLICANT DEEZ PROPERTY ADDRESS 4 46 ALEXANDER HAMILTON DRIVE, SONY R SIX NCD SEVEN AH, H O D.
HERE IS THE LOCATION MAP WITH AN AERIAL PHOTOGRAPH.
THE APPLICANT IS SEEKING TO BUILD A DETACHED CARPORT LOCATED IN FRONT OF THE PRIMARY FACADE.
THE JEFFERSON NEIGHBORHOOD CONSERVATION DESIGNED STANDARDS REQUIRE DETACHED SIDE YARD CARPORTS TO BE RECESSED AT LEAST FIVE FEET BEHIND THE PRIMARY
[02:15:01]
FACADE, PLAIN OF THE RESIDENTIAL STRUCTURE DURING FAILED VISITS.STAFF NOTED THE ODD LOT SHAPE WITH THE TWO SIDE LOT, LOT LINES BECOMING NARROW TOWARDS THE BACK.
THE RESIDENTIAL COMMUNITY HAS MULTIPLE PROPERTIES WITH CARPORTS LOCATED ON THE SIDES.
THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT WAS ADOPTED BY CITY COUNCIL IN APRIL, 2009 TO ADDRESS NEIGHBORHOOD STABILITY THROUGH COMPATIBLE INFIELD CONSTRUCTION AND REHABILITATION WITH THIS UNIQUE NEIGHBORHOOD.
THIS IS THE DRIVEWAY NEIGHBORING PROPERTIES THAT RECOMMENDS DENIAL VARIANCE IN BO A 19 1 0 3 0 0 1 0 1.
BASED ON THE FOLLOWING FINDINGS OF FACT, THE VARIANCE IS CONTRARY TO THE PUBLIC INTEREST IN THAT IT MAKES NO ATTEMPT TO OBSERVE THE SPIRIT OF THE ORDINANCE.
AND THEY REQUESTED VARIANCE RAC FROM THE ESSENTIAL CHARACTER OF THE COMMUNITY MALE.
21 NOTICES ON THE SUBJECT PROPERTY IS IN IT'S, UH, WITHIN THE JEFFERSON NEIGHBORHOOD ASSOCIATION.
ZERO IN FAVOR, ONE IN OPPOSITION AND THE NEIGHBORHOOD ASSOCIATION IS ALSO IN OPPOSITION.
QUESTIONS? ANY QUESTIONS FOR THE STAFF? ORIAN ORIAN.
SO ON THE SKETCH, UH, AM I READING THIS RIGHT, THAT THE CARPORT IS INTENDED TO BE FIVE INCHES OFF THE SIDE PROPERTY LINE? UM, I WOULD YIELD TO THE APPLICANT BUT I THOUGHT HE WAS GOING TO BE COMPLIANT COMPLAINT, UM, MEETING THE SETBACKS.
YEAH, BECAUSE I AND CAN, CAN YOU, UH, FOR THE BENEFIT OF THE BOARD, HOW, HOW CLOSE CAN THE CARPORT BE FROM TO THE RESIDENCE? 'CAUSE IT'S SHOWING TO BE NINE FEET IT LOOKS LIKE, OR FOUR FEET? YES, PER THE CODE FOUR FEET.
UM, IF THE CARPORT IS DETACHED FROM THE PRIMARY STRUCTURE, THE U D C SAYS THAT YOU CAN BE AS CLOSE AS FIVE FEET.
UM, IF YOU ARE ATTACHED TO THE PRIMARY STRUCTURE, YOU CAN BE AS CLOSE AS THREE FEET.
AND THEN FROM THE SIDE PROPERTY LINE, IT'S, THAT'S FROM THE SIDE PROPERTY LINE.
ANYONE ADDITIONAL QUESTIONS? NONE.
LET'S BRING THE APPLICANT FORWARD AFTERNOON.
I, I LIVED THERE WITH ALEX, UH, 4, 4 6 ALEXANDER HAMILTON.
AND, UH, I'M KIND OF NEW TO THIS.
I'VE NEVER DONE ANYTHING LIKE THIS.
SO, UH, WHEN I CAME BACK IN JUNE TO GET A PERMIT FOR A CARPORT, UM, DID SOME, DID THE DRAWINGS AND MEASUREMENTS AND EVERYTHING.
HAD SOME I HAD TO GO BACK AND REDO, THEN I HAD TO GET A, UM, WHAT DO THEY CALL IT? A FOR, FOR THE DRIVEWAY TO GET APPROVAL BECAUSE THEY WERE GOING TO PUT POSTS IN THERE.
SO I THEY DIDN'T RECOMMEND AN ENGINEER.
SO THEY DIDN'T REC, I HAD TO FIND MY OWN.
I GOT SOME QUOTES AND I HAD THAT DONE 'CAUSE I DIDN'T WANT TO DO IT HALF HALFWAY.
SO I DID, DID IT ALL, CAME BACK TO GET THE PERMIT.
AND THEN THEY, THEY MENTIONED TO ME THAT ABOUT THE JEFFERSON NEIGHBORHOOD SOCIETY AND EVERYTHING, THEY HAD NEVER SAID ANYTHING ABOUT THAT.
THEY ASKED ME ABOUT THE FLOOD ZONE AND EVERYTHING ELSE, BUT WHEN I WENT BACK THEY SAID THEY HAD TO BE AT LEAST FIVE FEET FROM THE FACADE OF THE HOUSE.
I DIDN'T EVEN KNOW ABOUT THAT.
SO THAT'S WHY I'M HERE SO I COULD GET SOME KIND OF VARIANCE, GET THAT APPROVED.
I DON'T KNOW, YOU KNOW, WHAT'S GONNA HAPPEN? UH, I'VE BEEN LIVING THERE, UM, SINCE MIDDLE SCHOOL, BUT MY PARENTS LIVE THERE AND SO I'VE BASICALLY ADOPTED THE HOUSE.
SO I'M TRYING TO MAKE IT BETTER.
I LIVE, I STILL LIVE IN A NEIGHBORHOOD, SO THAT'S BASICALLY WHAT I'M DOING.
NOW THE, THAT'S, UH, LET ME JUST, JUST, I WANNA GET SOME CLARIFICATIONS BECAUSE I'M LOOKING HERE AT YOUR, AT YOUR DRAWING.
I'M ASSUMING YOU SUBMITTED THIS DRAWING HERE.
RIGHT? AND THAT THE, UH, DRAWING DEMONSTRATES THAT THE CARPORT IS, OR THE DRIVEWAY WAS READY POURED.
AND THAT YOU'RE GONNA BUILD THE CARPORT AT THE END OF THE DRIVEWAY ADJACENT TO THE PROPERTY LINE.
WELL, IT'S GOING TO BE WHERE THE FENCE IS UP ON TOP FROM THE FENCE BACK.
I HAVE A FENCE, A GATE, IT'S A FENCE LIKE, YOU KNOW, LIKE CHEST HIGH FENCE THAT'S BEEN THERE FOREVER
[02:20:01]
AND IT'S GONNA BE BACK, GOING BACK 22 FEET AND IT'S GONNA BE BASICALLY, UH, I MEASURED THEIR DAY LIKE FIVE TO SIX FEET FROM THE FACADE OF THE HOUSE.SO THAT'S, THAT'S, THAT'S MY, THAT'S THE ORDEAL RIGHT NOW, BECAUSE IF NOT, I'M GONNA HAVE TO TEAR DOWN MY FENCE, PUT SOME MORE DRIVEWAY AND GO BACK TOWARDS THE BACKYARD.
BUT THAT'S GOING TO, SINCE THE DRIVEWAY'S IN AN ANGLE, IT'S GONNA GO TOWARDS THE, ON THE, ON THE LEFT SIDE OF THE HOUSE.
I HAVE A PATIO, A SUNROOM, AND IT'S GONNA GO RIGHT INTO THAT AND IT'S JUST GOING TO, ALRIGHT.
UM, I'M GONNA HAVE SOME MORE QUESTIONS FOR YOU, BUT I'M GONNA DEFER THIS RIGHT NOW TO MR. ORIAN.
SO ON YOUR SKETCH, UH, ARE YOU CALLING FOR A FOUR FOOT, UM, SETBACK BETWEEN THE EXISTING HOME AND YOUR CARPORT STRUCTURE? OR IS THAT A NINE? YEAH, IT'S, IT'S NINE FEET.
AND THEN FROM THE SIDE, IS THAT, SAY FIVE INCHES? FIVE FEET.
SO YOU'RE DEFINITELY GOING TO BE FIVE FEET AWAY FROM THE SIDE AND MORE THAN FIVE FEET AWAY FROM THE HOME, MORE THAN FIVE FEET AWAY FROM THE HOME.
THE SIDE IS, IS GOING REALLY CLOSE TO BE HONEST WITH YOU, LOOKING AT THE OTHER PICTURES, IT'S REAL CLOSE.
SO I JUST WANNA MAKE SURE IT WASN'T FIVE INCHES.
OH, NO, NO, NO, IT'S NOT FIVE INCHES.
SO I GUESS I'M CONFUSED ON THAT.
SO I'M LOOKING AT THE SIDE OF THE DRIVEWAY HERE AND FOLLOW THE, THE DRIVEWAY LINE AND IT, AND, UM, THAT DOESN'T LOOK LIKE IT'S FIVE FOOT FROM THE ADJOINING HOUSE.
SO, SO YOU'RE SAYING THE START OF THE CARPORT IS FIVE FEET AWAY FROM THE PROPERTY LINE OR IS IT FROM THE, FROM THE HOUSE NEXT DOOR? MM-HMM.
IT'S, IT'S RIGHT AT, IT'S RIGHT AT FIVE FEET FROM THE, FROM THE ADJOINING HOUSE.
FROM FROM THE HOUSE NEXT DOOR TO ME.
BUT THE PROPERTY LINE IS NOT THE HOUSE, THE PROPERTY LINE IS BETWEEN, WELL, I'LL BE HONEST WITH YOU BECAUSE THE WAY THESE HOUSES WERE BUILT BACK WHENEVER THAT WAS, THAT THE PROPERTY LINE IS THE FENCE AND THIS IS THE WAY I'M LOOKING AT.
'CAUSE I DON'T HAVE THE ORIGINAL, THE ORIGINAL PLANS WE'RE THE SECOND OWNERS OF THAT HOUSE.
AND SO I DON'T, I HAVE NO IDEA WHERE THEY'RE AT.
AND I'VE TALKED TO MY, THE OWNER NEXT DOOR AND YOU KNOW, HE HAS NO PROBLEM WITH IT.
I KNOW HE DIDN'T SEND NOTHING IN, OBVIOUSLY, BUT LOOKING AT THE, AT THE PICTURES, YOU CAN SEE HOW CLOSE THAT IS.
SO THE JEFFERSON UH, NEIGHBORHOOD CONSERVATION, YOU KNOW, THEY HAVE THEIR, I GUESS THEIR, THEIR POSITIONS ON WHERE THEY WANT THINGS TO BE BUILT AND, AND TRY TO PRESERVE THE NEIGHBORHOOD.
YOU SEE, YOU SEE HOW IT IS ON THE SIDE.
SEE THERE'S A FENCE LIKE RIGHT THERE IN THE MIDDLE WHERE THE CONCRETE ENDS OVER AND THAT'S REALLY CLOSE TO FIVE FEET.
SO, SO THE, THAT'S YOUR QUESTION.
SO THERE'S, THEY'RE STRIVING TO, YOU KNOW, BASICALLY HAVE NOTHING IN FRONT OF THE HOME STRUCTURES THEMSELVES AS FAR AS THE CARPORT STRUCTURES.
AND SO THEY'RE LOOKING FOR THAT FIVE FOOT SETBACK.
SO COULD YOU ALLOW FOR THAT FIVE FOOT SETBACK AND PUSH IT BACK? AND I KNOW THAT YOU SAID THERE WERE SOME CHALLENGES WITH REGARDS TO HAVING TO REMOVE THE EXISTING FENCE AS WELL AS I, THERE'S, THERE'S A FENCE IN THE FRONT.
I MEAN, I, I, THAT WOULD COST ME MORE MONEY TO DO ALL THAT.
I MEAN, IF IT DOESN'T GET APPROVED, DOESN'T GET APPROVED.
I JUST, I JUST WISH THEY WOULD'VE TOLD ME, I WOULD'VE NEVER PUT A DRIVEWAY IN.
ANY ADDITIONAL QUESTIONS FOR THE APPLICANT? SO LET ME GET THE STORY STRAIGHT.
THAT I FULLY UNDERSTAND WHAT HAPPENED HERE IS THAT YOU WENT IN THERE, YOU WENT AND ORIGINALLY AND YOU SECURED A PERMIT FOR THE CONCRETE.
AND YOU TOLD THEM WHERE THE CONCRETE WAS GONNA BE IN RELATION TO THE PROPERTY LINE? RIGHT.
BUT THE CON THE, THE DRIVEWAY WAS ALREADY THERE, THERE WAS A DRIVEWAY THERE AND I EXACTLY WHERE IT WAS BEFORE I, I DIDN'T CHANGE NOTHING AROUND.
AND WHAT YOU HAVE HERE IS, IS SORT OF A SPECIAL CIRCUMSTANCE 'CAUSE YOUR HOUSE IS ACTUALLY, UH, SITTING KIND OF DIAGONAL ON THE PROPERTY IN RELATION TO THAT SIDE PROPERTY LINE AND YOUR LITTLE SUNROOM, I APPEAR THAT APPEARS TO BE A LITTLE GLASS WALLED ROOM BACK THERE.
IT'S NOW IN LINE WITH YOUR CARPORT, THEREFORE MAKE IT PHYSICALLY IMPOSSIBLE UNLESS YOU REBUILT THE HOUSE TO PUT A CARPORT BEHIND THE FRONT PROPERTY LINE.
SO YOU HAVE A UNIQUE CIRCUMSTANCE HERE IN AS MUCH AS THAT IT'D BE ALMOST PHYSICALLY IMPOSSIBLE AND I DON'T WANNA TAKE AWAY THE INTEGRITY OF THE HOUSE, THE NEIGHBORHOOD AND EVERYTHING ELSE.
DO YOU KNOW HOW WIDE OR HOW DEEP YOUR HOUSE IS FROM THAT CORNER TO THAT CORNER? APPROXIMATELY FROM WHICH CORNER? SIR? YOU TALKING FROM THE CORNER TO IMMEDIATELY TO, TO THE RIGHT OF THE FIREPLACE, BACK TO SUNROOM IS APPRO.
[02:25:01]
RIGHT.THAT'S HOW WIDE IT IS RIGHT THERE.
AND YOU'RE GONNA BUILD A CARPORT THAT'S 22 FEET DEEP.
WELL NOW I CAN GO SHORTER IF NO, NO, I'M JUST TRYING TO GET THE SCALE HERE.
'CAUSE THE SCALE DOESN'T APPEAR TO BLEND AND THE DIAGRAM DOESN'T SEEM TO MATCH THE PROPERTY AS IT SITS OR THE STRUCTURE AS IT SITS ON THE PROPERTY LINE.
THE PICTURE DOESN'T LOOK LIKE THE SAME.
SO I'M JUST TRYING TO GET A CONCEPT HERE.
SO BECAUSE OF THE POSITION AND, AND WE DON'T, UH, YOU DON'T HAVE THE ACTUAL DISTANCE FROM THE, THE SUNROOM CORNER TO THE PROPERTY LINE.
IN OTHER WORDS, IN THE BACK THERE, HOW FAR IT IS TO THE PROPERTY LINE? NO, I DON'T, I I MEAN I CAN GET THAT, BUT WELL, THE REASON I'M, I'M ASKING THAT QUESTION.
IS THERE ENOUGH ROOM TO DO ANYTHING? IT'S IF IT HAS TO GO THAT WAY.
'CAUSE ACCORDING TO THE PHOTO, PHOTO THAT WE'RE LOOKING HERE ON THE COMPUTER RIGHT NOW, IF YOU TOOK A STRAIGHT LINE BACK FROM THE RIGHT SIDE OF THE, OF THE DRIVEWAY BACK, YOU'D HIT THE HOUSE ESSENTIALLY.
THAT'S THE WAY IT LOOKED IN THE PICTURE ALSO.
AND YOU WANTED TO MAKE YOUR CARPORT 10 FEET WIDE, RIGHT? HOW WIDE IS THAT DRIVEWAY? IT'S NOT QUITE 10 FEET.
I MEAN, IT'S MORE THAN 10 FEET.
I BELIEVE WE HAVE A PROBLEM HERE.
AND I, AND BECAUSE OF THIS, UM, I THINK THAT IT, IT IS GONNA BE IN THE BEST CASE OF THIS TO GET SOME MORE INFORMATION.
WE'RE WE'RE DISCUSSING THAT RIGHT NOW.
IT LOOKS LIKE WE'RE GONNA HAVE TO RE ADVERTISE.
UM, THE ONLY THING ADVERTISED WAS FOR THE N C D STANDARDS, NOT THE SIDE YARD.
WE WERE UNDER THE IMPRESSION THAT HE HAD FIVE FEET, BUT FROM THE PROPERTY LINE, UM, IT APPEARS BY EVERYTHING THAT HE DOES NOT.
ALRIGHT, SO I'M GONNA ENTERTAIN A MOTION TO CONTINUE THIS CASE TO THE NEXT BOARD MEETING.
I HAVE A QUESTION BECAUSE WE ONLY ADVERTISE FOR THE N C D STANDARDS AND NOT THE U D C.
SO IT'S GONNA BE MORE OF A POSTPONEMENT.
HOWEVER, YOU CAN STILL CONSIDER THE PLACEMENT IN THE FRONT YARD.
WOULDN'T THAT BE A SEPARATE CASE AND HE'D HAVE TO PAY ANOTHER FEE TO DO THIS SEPARATE OTHER? NO, THE OTHER ONE, UH, WE'LL WE WILL WORK WITH HIM ON, UH, RELATED TO THE, UH, SIDE YARD SETBACK, BUT YOU CAN STILL CONSIDER THE PLACEMENT WHETHER OR NOT IT WOULD BE ALLOWED TO BE PLACED IN THE FRONT YARD OR NOT, BECAUSE THEN THAT GIVES HIM SOMETHING TO WORK ON FOR TO COME BACK.
ORIN, WOULD YOU LIKE TO ASK A QUESTION? YES.
UH, ONE THING, UH, WHEN YOU GUYS EVALUATE FRONT YARD, BECAUSE THE HOUSE IS IS, IS ANGLED SLIGHTLY, DO YOU DRAW FROM THE CORNER AND DRAW PARALLEL, UH, I'M SORRY, PERPENDICULAR TO THE SIDE PROPERTY LINE? OR DO YOU GO TO THE FRONT OR, YOU KNOW, HOW, HOW DO YOU DEFINE LIKE WHERE THAT LINE JETS OUT AND THEN HOW DOES A CHIMNEY COME INTO PLAY WITH THAT? UM, FOR THE FRONT YARD, IT, IT'S GONNA FOLLOW THE FACADE PERPENDICULAR LINE FROM THE SIDE, THE PROPERTY LINE TO THE CORNER OF THE HOUSE, THAT'S, AND THEN THE, THE CHIMNEY.
HOW DOES THAT AFFECT THE, THE OFFSET? DOES THAT, BECAUSE IT'S A, I'M IT'S FIRE RATED, DOES THAT AFFECT THE FIVE FOOT OFFSET AS A DETACHED CARPORT THAT HE WOULD'VE TO HAVE? NO, IT'S THE FRONT WALL OF THE FACADE.
ALL RIGHT, SO WE'RE GONNA CONTINUE WITH THE, UH, WITH THE N C D ISSUE ONLY.
NOW DOES THAT HAVE ANY QUESTIONS COME TO MIND FROM ANYONE? NONE.
I MEAN, I WOULD JUST, MY QUESTION I WOULD SUGGEST POSTPONING IT ALL BECAUSE THIS, I'M, I'M LOOKING AT A PICTURE AND IT DOESN'T APPEAR LIKE THERE'S ENOUGH ROOM TO ACCOMPLISH MUCH OF ANYTHING.
I'D LIKE TO SEE IT ALL ON A, ON A SINGULAR SITE PLAN TO GET THE SCOPE AND SCALE OF WHAT'S ACTUALLY BEING REQUESTED.
ONLY REASON I DISAGREE WITH THAT IS BECAUSE I CAN HONESTLY, BY LOOKING AT WHAT I'M SEEING RIGHT HERE IN PHYSICAL PHOTOGRAPH FORM, NO MATTER WHAT, HE'S REALLY GONNA NEED TO HAVE PERMISSION TO HAVE THIS CARPORT BEGIN BEFORE THE FRONT OF THE HOUSE.
SO IF WE DON'T GIVE HIM THIS AUTHORITY AT THIS PARTICULAR TIME, HE, HE'S GONNA HAVE A VERY DIFFICULT TIME COMING UP WITH ANY TYPE OF DIAGRAM FOR THE OTHER ISSUES HE'S GONNA HAVE TO DEAL WITH.
THE QUESTION REALLY IS HERE, UH, IS ONLY TO BE IN FRONT OF THE, WE'RE NOT ACTUALLY GIVING A DISTANCE IN FRONT.
SO JUST TO GIMME CLARIFICATION.
SO WE'D BE COMPLIANT WITH THIS FRONT, WITH THE FRONT SETBACK, BUT IT'S JUST THE PLACEMENT IN THE FRONT BECAUSE THE PLACEMENT, THE ENTITY REQUIRES IT TO BE FIVE FOOT RECESSED FROM THE FRONT WALL.
BUT WE ARE ONLY CONSIDERING BEING NOT, WE'RE ACTUALLY ELIMINATING THAT PORTION OF THE N C D NOT ELIMINATING, IT'S JUST PLACING
[02:30:01]
IT, BUT PUTTING A, GRANTING A VARIANCE FROM THAT.BUT NOT A DISTANCE VARIANCE? NO.
IF WE, IF WE WERE TO APPROVE, UH, ALLOWING HIM TO HAVE IT IN THE FRONT, COULD HE PUT IT IN THE DEAD CENTER OF HIS LOT IF WE APPROVE, UH, THIS REQUEST BEFORE US, COULD HE POTENTIALLY PUT A CARPORT IN THE DEAD CENTER OF HIS PROPERTY? I DON'T THINK IT'D BE PRACTICAL FOR HIS DRIVEWAY.
WELL, I MEAN, BUT I'M JUST, I'M WONDERING WOULD IT, COULD IT LEAD TO HIM REQUESTING A WIDENING OF THE DRIVEWAY AT RELOCATION OF THE DRIVEWAY? NO, THE M C D HAS SOME RESTRICTIONS RELATED TO THE WIDENING OF THE DRIVEWAY.
IF HE WIDENS IT ANY FURTHER THAN THAT, IT HAS TO COME FOR A VARIANCE.
I JUST WANTED TO MAKE SURE THAT AS HE MOVES FORWARD WITH THIS, THAT IT'S NOT GONNA SOMEHOW BE IN THE FRONT OF HIS HOME OR SOMETHING.
THE N C D IS PRETTY RESTRICTIVE WHEN IT COMES TO THAT.
I THINK THAT AT THIS PARTICULAR TIME, UNLESS YOU HAVE SOME MORE INPUT, AND WE HAVE NO OTHER WITNESSES HERE, THAT I THINK WE SHOULD CLOSE THIS TO THE PUBLIC AND ENTERTAIN A MOTION.
AND WE'RE ONLY DEALING WITH THE EXCLUSIVITY OF THE, UM, FRONT OR BA REAR SETBACK FROM THE FRONT OF THE SAW OF FIVE FEET FROM THE NC JEFFERSON AREA NEIGHBORHOOD, UH, CONSERVATION DISTRICT.
SO THEREFORE ALL WE'RE CONSIDERING NOW IS WHETHER WE'RE THE CARPORT CAN BE IN FRONT OF THE HOUSE.
OKAY? SO THAT'S HOW YOUR MOTION SHOULD BE WORDED.
AND SO PLEASE CAN WE ENTERTAINED MOTION MANNA MR. MANNA REGARDING APPEAL NUMBER B O A 19 1 0 3 0 0 1 0 1.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FROM THE N C D SEVEN JEFFERSON NEIGHBORHOOD CONSERVATION DESIGN STANDARDS TO ALLOW ATTACHED CARPORT TO BE IN FRONT OF THE PRIMARY FACADE, SITUATED AT 4 4 6 ALEXANDER HAMILTON DRIVE, APPLICANT BEING DAMIEN BEDA.
UH, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY THE DESIGN REQUIREMENTS INTENDED TO PROVIDE FOR CONSISTENT DEVELOPMENT WITHIN JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT.
AS SUCH, THE BOARD WILL FIND, THE BOARD FINDS THAT THIS CARPORT DOES FOLLOW THE GUIDELINES AS SET FORTH IN DESIGN REQUIREMENTS DUE TO SPECIAL CONDITIONS.
A LIBERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LIBERAL ENFORCEMENT OF THE ORDINANCE COULD CREATE UNNECESSARY HARDSHIP IN THE APPLICANT HAVING TO REDESIGN THE CARPORT.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE CARPORT LOCATION REQUIREMENT WITHIN THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT IS TO ENSURE THAT FUTURE FILAMENT AND REHABILITATION, REHAB REHABILITATION, UH, MATCHES THE CONTEXT OF THE NEIGHBORHOOD.
UH, THE BOARD HAS DETERMINED THAT THE NEW CARPORT LOCATION MATCHES THE CONTEXT OF THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT AND IS WITHIN DESIGN GUIDELINES.
THE VARIANCE, UH, FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE BOARD FINDS THAT THIS VARIANCE WILL NOT SUBSTANTIALLY ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED AS IT FOLLOWS THE DESIGN REQUIREMENTS OF THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT.
THE PLIGHT 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 THIS PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE UNIQUE CIRCUMSTANCES EXISTING ON A PROPERTY IS DUE TO THE ODD SHAPED LOT WITH TWO LOT SIDES COMING NARROWER TOWARDS THE BACK OF THE RELATION IN RELATION TO THE BUILDING AND THE MOTION.
ALRIGHT, DO WE HAVE A SECOND? YES.
MR. MANON, WOULD YOU BEGIN, BEGIN THE DISCUSSION? Y YES.
SO, SO NORMALLY WE READ THESE IN THE POSITIVE AFFIRMATION, UH, BUT FOR THIS PARTICULAR CASE, I WILL NOT BE IN SUPPORT OF IT.
UM, SO, SO, YOU KNOW, WORKING WITH, UH, WITHIN REGARDS TO THE JEFFERSON NEIGHBORHOOD CONSERVATION DESIGN, YOU KNOW, THEY SET THESE STANDARDS, UH, YOU KNOW, TRY TO BUILD THESE CONSISTENT NEIGHBORHOODS AND, UM, YOU KNOW, SO AS THEY KIND OF WORK THROUGH THAT, YOU KNOW, ANYTIME WE DEVIATE FROM THAT, YOU KNOW, LESSENS THE, UH, THE STRENGTH OF THOSE CONSERVATION DISTRICTS.
SO, UH, I WILL BE, AGAIN, NOT VOTING IN FAVOR OF THIS, OKAY? UH, MR. IAN, UH, I ALSO WILL NOT BE IN SUPPORT.
UM, I WAS GOING THROUGH A STREET VIEW.
I I, I'VE ONLY FOUND ONE HOME THAT HAS SOMETHING THAT IS SIMILAR TO WHAT'S BEING REQUESTED AND IT, IT, IT APPEARS IT WAS, UM, FOR OTHER REASONS.
[02:35:01]
BUT, UH, NO, I, I I CAN'T SEE THIS, UH, CONDITION EXISTING ELSEWHERE, SO I'LL NOT BE IN SUPPORT.BRIAN, ANYONE ELSE? ALL RIGHT, LET'S GO AHEAD AND TAKE A VOTE.
MR. JIM MANNA, I DO NOT CONCUR WITH THE FINDINGS OF FACT, MR. ORIAN.
I DO NOT CONCUR WITH THE FINDINGS OF FACT
I DO NOT CONCUR WITH THE FINDINGS OF FACT.
I DO NOT CONCUR WITH THE FINDINGS OF FACT, MS. CRUZ.
MR. BRITTON? YES, MR. RODRIGUEZ? NO, I DO NOT CONCUR WITH THE FINDINGS OF FACT.
NO, I DO NOT CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT, MR. MARTINEZ.
I DO NOT CONCUR WITH THE FINDINGS OF THE FACT THE MOTION FAILS.
UH, PLEASE GET WITH STAFF TO GET YOUR NEXT PORTION OF YOUR VARIANCE, UH, ADVERTISED FOR THE NEXT MEETING OR SINCE.
[9. 19-6906 BOA-19-10300102: A request by Mary Garcia for a 4’6” variance from the 5' side setback requirement to allow for an attached carport to be 6” from the side property line, located at 226 West Bedford Avenue. Staff recommends Denial. (Council District 5) (Rachel Smith, Planner (210) 207-5407, rachel.smith@sanantonio.gov, Development Services Department)]
NEXT CASE, B O A 19 103 0 0 1 0 2.A REQUEST FOR 4.4 FOOT SIX INCH VARIANCE FROM THE FIVE FOOT SETBACK SIDE SETBACK REQUIREMENT TO ALLOW FOR AN ATTACHED CARPORT TO BE SIX INCHES FROM THE SIDE PROPERTY LINE.
THE PROPERTY ADDRESS IS 2 26 WEST BEDFORD AVENUE.
THE ZONING IS R SIX A H O D, RESIDENTIAL SINGLE FAMILY AIRPORT HAZARD OVERLAY DISTRICT.
THE SUBJECT PROPERTY IS A SINGLE FAMILY RESIDENCE WITH AN EXISTING ATTACHED CARPORT TO THE SIDE OF THE HOME AND A DETACHED GARAGE IN THE REAR YARD.
THE RESIDENCE HAS ONE EXISTING ATTACHED CARPORT ON THE SIDE AND ATTACHED GARAGE IN THE REAR YARD.
THE RESIDENTIAL COMMUNITY PREDOMINANTLY HAS ATTACHED SIDE CARPORTS.
THE PROPOSED CARPORT WOULD ENCROACH INTO THE SIDE SETBACK BY FOUR FEET, SIX INCHES.
HERE'S THE SITE PLAN, THE SUBJECT PROPERTY, THE ADJACENT PROPERTY, ADJACENT PROPERTY ON THE OTHER SIDE.
THE PROPERTY ACROSS THE STREET RECOMMENDS DENIAL OF THE VARIANCE IN BO O A 19 103 0 0 1 0 2.
BASED ON THE FOLLOWING FINDINGS OF FACT, THE CARPORT IS CONTRARY TO THE PUBLIC INTEREST IN THAT IT DETRACTS FROM THE ESSENTIAL CHARACTER OF THE COMMUNITY.
AND THE APPLICANT HAS AN EXISTING GARAGE AND ATTACHED CARPORT THAT CAN BE USED TO SAFELY PARK THE VEHICLES STAFF MAILED 36 NOTICES, AND THE SUBJECT PROPERTY IS LOCATED WITHIN THE THOMPSON NEIGHBORHOOD ASSOCIATION.
WERE RETURNED IN FAVOR, ZERO IN OPPOSITION, AND NO COMMENT FROM THE NEIGHBORHOOD ASSOCIATION.
AND HERE'S THE NOTIFICATION PLAN.
ANY QUESTIONS? ANY QUESTIONS FOR STAFF? WARREN, IS THERE A GUTTER ON THE SIDE OF THAT CARPORT IN THE PICTURE? I BELIEVE THE APPLICANT IS INDICATING YES, THERE IS.
OTHER QUESTIONS? ALL RIGHT, LET'S BRING THE APPLICANT FORWARD.
AND, UH, FOR THE RECORD, PLEASE STATE YOUR NAME AND ADDRESS.
2 26 WEST BEDFORD, SAN ANTONIO.
OKAY, UM, I'M GONNA SPEAK ON HER BEHALF UNLESS SHE JUMPS IN.
UM, THE, THE, IF YOU'RE LOOKING AT THE HOUSE ON THE RIGHT HAND SIDE FROM THE STREET AND YOU'RE LOOKING AT THE HOUSE ON THE RIGHT HAND SIDE, THAT'S HER MOM AND DAD'S HOUSE.
UH, WE'RE THERE RIGHT NOW AS A HARDSHIP, BUT WE PLAN ON STAYING THERE.
BUT HER MOM AND DAD ARE ELDERLY.
UM, HE HAS HEART CONDITIONS, SHE HAS DEMENTIA.
UM, SO WE, WE ARE TRYING TO, YOU KNOW, JUST BUILD THAT PLACE UP AND KEEP, KEEP THERE AND STAY THERE WITH HIM.
AT THIS POINT IN TIME IN OUR LIFE AND THEIR SEASON, WE NEED TO BE THERE FOR THEM.
UM, ALSO WANT TO SAY THAT WE DID ADD THREE FOOT OF, OF, UH, SIDEWALK ON THERE.
[02:40:01]
IF YOU LOOK AT THE PICTURE, THERE'S THREE FOOT THAT'S BEEN ADDED THERE.WE DID GET THE PERMITS, CUT THE DRIVEWAY.
WE ALSO TOOK OUT A BIG LONG FLOWER BED THAT WAS IN FRONT OF THE HOUSE, AND WE PUT THAT, THAT'S OUR WATER CONSERVATION ACT.
SO WE, WE TOOK THAT OUT AND, UH, WE, WE PUT A SIDEWALK THAT WAS NEVER THERE.
SO WHAT WE WANNA DO IS IT MADE IT 12 FOOT WIDE.
SO THIS, WE WE'RE NOT ADDING ANYTHING ONTO THE RIGHT SIDE OF THE DRIVEWAY.
THIS IS THE WAY THE HOUSE WAS BUILT IN 1954.
UM, ALL THESE HOUSES WERE BUILT IN 1954.
AND SO WHAT WE WANNA DO IS JUST, IT IS ACTUALLY THAT CONCRETE WALL THAT'S RIGHT THERE IS, IS HER DAD'S DOING.
SO WHAT WE'RE GONNA DO IS WE'RE GONNA USE A FOUR INCH POST AND PUT ON EACH SIDE OF THE 12 FOOT DRIVEWAY AND BUILD A GABLE CARPORT THAT, AND IT ALSO FITS WITHIN ALL THE SPEC SPECT SPECS THAT IT'S SUPPOSED TO BE.
THE ONLY THING THAT WE NEED TO DO IS USE UP HALF OF THAT ONE FOOT FOR A VARIANCE SO THAT WE CAN PUT THAT POST RIGHT THERE.
UM, AND IT'S NOT GONNA BE ATTACHED TO THE HOUSE.
IT'S GONNA BE AWAY FROM THE HOUSE, UM, NOT FAR, BUT IT'S GONNA BE, I THINK IT'S GONNA BE ALMOST TWO FOOT AWAY FROM THE HOUSE.
IT WILL HAVE A TWO FOOT OVERHANG.
THAT'S FROM THE, FROM THE, WHERE, WHERE YOU SEE THE EXPEDITION HAVE A TWO FOOT OVERHANG THAT'S GOING TOWARDS THE HOUSE.
SO THERE'LL STILL BE A LITTLE GAP BETWEEN THE HOUSE AND THE CARPORT.
UM, IT'S GONNA COME OUT, UH, 18 FOOT, WHICH WILL STILL BE WITHIN THE, THE, WITHIN THE LIMITS.
UM, SO THAT'S WHAT WE'RE ASKING, UH, FOR YOUR FAVOR ON THAT.
FOR, THERE ARE SOME, UH, LET'S SEE, THE OVERHANG, UH, IS GONNA BE A ONE FOOT OVERHANG ON EACH SIDE OF THIS, UH, CARPORT.
AND IF NEED TO BE, WE WILL PUT A GUTTER ON THAT ONE SIDE SO THAT IT CAN DRAIN DOWN TOWARDS THE STREET.
SO WE'RE ACTUALLY NOT TALKING ABOUT THE EXISTING CARPORT? NO, SIR.
AND I DO HAVE A PICTURE OF THE CARPORT.
IF YOU, I, I HAVE SOME ON MY PHONE, BUT IF THEY WANNA SHOW IT TO YOU, IT'S A METAL, ALL METAL CARPORT.
SO WE'RE NOT LOOKING FOR SOMETHING THAT'S GONNA DETERIORATE OR ROT WITHIN THE YEARS TO COME.
IT'S GONNA BE THERE FOR A LONG TIME.
UH, IT'S BEING PUT UP BY A CONTRACTOR.
IT'S, IT'S REAL DURABLE OF THE, UH, CLEARANCE ON THE EXISTING CARPORT IS NOT BEING ADDRESSED HERE.
AND MAY I SAY SOMETHING ELSE? SO THAT FALLS UNDER THE GRANDFATHER, OR HOW ARE WE TREATING THAT? IT'S JUST A NON-CONFORMING STRUCTURE.
IF HE'S NOT TOUCHING IT, THIS IS THAT THE VARIANCE IS ALSO ONLY RELATED TO THE NEW CONSTRUCTION.
UH, UH, DO WE HAVE ANY QUESTIONS FOR THE APPLICANT? ORIAN, MR. ORIAN? OKAY.
SO, UH, THE NEIGHBORING PROPERTY WHEN LOOKING AT YOUR, AT YOUR HOME TO THE RIGHT, YES, SIR.
CAN YOU ELABORATE, UH, ON HOW THE WATER DRAINS, UH, ON YOUR PROPERTY? DOES IT FALL TOWARDS THE STREET OR TOWARDS THE REAR? YES, AND, AND ALSO THE CONTRACTOR THAT PUT THAT NEW DRIVEWAY ON THERE, HE DID PUT A SLOPE ON THERE SO THAT THE WATER DRAINS NOT INTO THE YARD, BUT DOWN THE STREET.
AND, UH, THE NEIGHBORS, UH, THEY ALSO HAVE A SLOPE, UH, WHICH IS HER MOM AND DAD.
THEY ALSO HAVE A SLOPE IN THEIR FRONT YARD, SO THE WATER DOES DRAIN DOWN TO THE STREET.
WE HAVE A PRETTY GOOD, UH, WAY OF DRAINING THE WATER.
AND THEN YOUR, YOUR PLANET, UH, SHOWS IT TO BE DETACHED FROM THE EXISTING CARPORT? YES, SIR.
DOES THAT NEED TO BE FIVE FEET STAFF? NORMALLY IT'D BE FIVE FOOT.
UH, IS IT A, FORGIVE ME, IS IT ATTACHED OR DETACHED? DETACHED, SIR.
DETACHED, YOU COULD DROP IT TO THREE FEET IF THERE'S NO OVERHANG.
BUT AT, WITH OVERHANG FIVE FEET, HOW DOES THAT AFFECT, UH, WHAT'S BEFORE US TODAY? WELL, WE DO HAVE SOME GATES THAT SWING OPEN.
SO THOSE, THOSE TWO POSTS ARE GONNA BE ON THE OUTSIDE OF THOSE GATES SO THAT WE CAN STILL, I DON'T KNOW IF THAT PICTURE'S YEAH, BUT YOU'RE, SO THOSE TWO, IT'S ONLY HAVE FOUR, FOUR METAL POSTS? WELL, WHAT I'M, WHAT I'M, LOOK, I SEE THE POSTS ON YOUR SKETCH, WHICH WOULD ALE, UH, WHICH WOULD ALLUDED THERE WOULD BE SOME SORT OF AN OVERHANG MM-HMM.
I'M TRYING TO FIGURE OUT, UM, ACCORDING TO YOUR SKETCH, YOU'RE GONNA HAVE FOUR FEET FROM THE OUTSIDE MOST EDGE OF THE EXISTING CARPORT TO THE OUTSIDE MOST EDGE OF THE PROPOSED CARPORT.
BUT THE POSTS ARE GOING TO BE YES, AT LEAST FIVE FEET.
[02:45:01]
NO.ANY OTHER QUESTIONS? MANNA, MR. MANNA? SO, SO LOOKING AT THE PICTURES THAT WERE INCLUDED, UH, OF ADJOINING, UH, HOMES, I DIDN'T SEE ANY OTHER CARPORTS THAT WERE FORWARD OF THE FRONT PROPERTY LINE.
ARE THERE ANY IN THE NEIGHBORHOOD THAT ARE THAT WAY? OR IS THIS GONNA BE UNIQUE AND THAT IT'S GONNA BE THE ONLY ONE THAT IS ON, ON THIS STREET, SIR? NO.
UM, BUT, BUT ON THE, ON THE, THE OTHER SIDE OF THE STREETS AND IN THAT NEIGHBORHOOD, THERE'S, THERE ARE SEVERAL, MANY, AS A MATTER OF FACT, AND SOME, UM, FIVE, SIX OF THEM ON ONE STREET.
WE, WE WOULD PROBABLY BE THE FIRST ONE THAT I KNOW.
UM, LET ME, AND ONE OF THE REASONS IS NOT BECAUSE WE JUST WANT TO BEAUTIFY IT, EVEN THOUGH IT DOES, AND, BUT, BUT I WORK FOR WASTE MANAGEMENT.
I TOLD YOU WE NEED TO BE IN THIS PLACE RIGHT NOW FOR, AND, AND, UH, I START AT 2 45 EVERY MORNING.
SO TO, TO DEAL WITH THE ELEMENTS, ESPECIALLY DURING WINTERTIME.
I REALLY NEED A COVERING OVER MY TRUCK.
AND, UH, AND IT, IT, UH, THIS IS REALLY BENEFICIAL FOR ME.
I GUESS YOU COULD CALL IT MY HARDSHIP.
SO, BUT, UH, LIKE I SAY, WE'RE DOING EVERYTHING THAT WE CAN TO MAKE IT A, A BEAUTIFUL PLACE FOR THE NEIGHBORHOOD AND THE COMMUNITY.
WE'VE HAD A LOT OF PEOPLE COME AND TELL US, HEY, THAT'S A GOOD IDEA.
SO, YOU KNOW, I THINK, I THINK IT, UH, IT DOES GOOD FOR OUR COMMUNITY AND IT, IT ALSO HELPS, YOU KNOW, KEEP THE, YOU KNOW, THE, THE PLACE LOOKING GOOD.
IT'S, IT IS GOOD FOR PEOPLE TO DRIVE BY AND SEE THAT YOU'RE WORKING ON YOUR HOUSE AND YOUR HOME MOTIVATES THE PEOPLE.
WE'VE HAD OTHER PEOPLE SAY THEY SHOULD LIKE TO START DOING THAT WITH THEIR HOUSE AND SAY IT'S, IT IS, NOTHING'S IMPOSSIBLE.
YOU KNOW, YOU JUST HAVE TO, UH, TO, TO BEGIN WORKING ON IT, UH, OR, ALRIGHT.
UH, UH, UH, CAN YOU, UH, TALK ABOUT HOW FAR AWAY YOUR NEIGHBOR'S HOME IS FROM YOUR SIDE PROPERTY LINE? UH, CAN YOU GIVE AN APPROXIMATE DISTANCE? HER, HER MOM AND DAD'S HOUSE WOULD PROBABLY BE, UH, LET'S SEE, AT LEAST 10 FOOT.
FROM, FROM, UH, FROM THE OUTER CAR PART? YEAH, ABOUT 10 FOOT AT LEAST.
NO OTHER QUESTIONS FROM THE, FROM THE STAFF, FROM THE BOARD.
UH, DO WE HAVE ANY, UH, WITNESSES? NO ONE SIGNED UP.
WELL, I BELIEVE YOU'VE STATED YOUR CASE AS WELL AS YOU CAN.
SO I'M GONNA CLOSE THIS TO THE PUBLIC.
I'M REQUESTING A MOTION FROM THE, FROM THE BOARD, PLEASE.
ANYONE WILLING TO MAKE THE MOTION ORIAN MR. MR. DORIAN, JUNIOR MOORE, YOUR FAIR SHARE TODAY? THANK YOU.
REGARDING APPEAL NUMBER BO O A DASH 19 DASH 1 0 3 0 0 1 0 2, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, FOUR FOOT SIX INCH VARIANCE FROM THE FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW FOR AN ATTACHED CARPORT TO BE SIX INCHES FROM THE SIDE PROPERTY LINE SITUATED AT 2 2 6 WEST BEDFORD AVENUE, APPLICANT BEING MARY GARCIA.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PROPOSED CARPORT WILL NOT NEGATIVELY IMPACT THE SURROUNDING COMMUNITY AND, AND IS NOT CONTRARY TO THE PUBLIC INTEREST.
WHILE THERE ARE PRIMARY, PRIMARILY SIDE CARPORTS, THE COMMUNITY DOES NOT HAVE, DOES HAVE A FEW EXISTING CARPORTS TO THE FRONT OF THE PROPERTY.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE EXISTING DRIVEWAY AND ATTACHED CARPORT IS BUILT AT ONE INCH FROM THE SIDE, SETBACK AND CONSTITUTE A SPECIAL CONDITION.
THE DENIAL OF THE PROPOSED CARPORT WOULD PROVIDE ADDITIONAL PROTECTION FROM WEATHER EVENTS FOR OTHER VEHICLES AND WOULD CONSTITUTE AN UNNECESSARY HARDSHIP FOR THE OWNER.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS THE INTENT OF THE CODE RATHER THAN THE STRICT LETTER OF THE LAW.
GRANTING THE VARIANCE WILL ALLOW THE APPLICANT TO BE CONSISTENT WITH THE CHARACTER OF THE PROPERTY.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES PERMITTED WITHIN THE PROPERTY'S CURRENT BASE ZONING.
DISTRICT FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE BOARD FINDS THAT THE CARPORT AS DESIGNED, DOES NOT HARM ADJACENT PROPERTY OWNERS AND DOES NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
SIX, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE PLIGHT OF THE OWNER IS DUE TO THE LOCATION OF THE DRIVEWAY, WHICH LEAVES INADEQUATE ROOM FOR A CARPORT OF ANY SUBSTANTIAL SIZE.
HENRY, YOU'RE YOU'RE MAKING THE SECOND.
[02:50:01]
VERY GOOD.MR. DORIAN WOULD JUST START DISCUSSION.
UH, NORMALLY I'M NOT A FAN OF, UH, ANYTHING BUILDING BEING BUILT THIS CLOSE TO THE PROPERTY LINE.
HOWEVER, IN THIS CASE, UM, THE HOME IS AN EXISTING CARPORT IS ALREADY SO CLOSE, UH, AND THE NEIGHBORING PROPERTY IS A VERY GOOD DISTANCE AWAY.
AND THAT, UH, IS WHAT'S MOTIVATING ME TO FIND MYSELF APPROVING AND APPROVAL OF THIS REQUEST AS READ.
ALRIGHT, HENRY, WE'D LIKE TO CONTINUE.
YEAH, WELL, UM, IT'S A ALL METAL STRUCTURE, SO IT DOES NOT POST A FIRE HAZARD AND NO WATER RUNOFF INTO THE NEIGHBORING PROPERTY.
AND OF COURSE, WE HAVE TAKEN INTO CONSIDERATION THAT, UH, TWO INDIVIDUALS THAT LIVE THERE HAVE SOME HEALTH ISSUES THAT TO BE DEALT WITH.
AND, UM, IN THE SPIRIT OF THAT, I, I THINK WE SHOULD ALL VOTE IN THE POSITIVE.
ANYONE ELSE IN THE CASE? THIS, UH, MONICA, PLEASE GO AHEAD AND TAKE THE ROLL OUT.
DORIAN, I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
REALLY? I CONCUR WITH THE FINDINGS OF FACT.
MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT.
MR. REINO? YES, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
UH, MOTION BE CARRIES UNANIMOUSLY.
UM, PLEASE GET WITH STAFF FOR THE PROPER PERMITTING AND, UH, WE'LL WE'VE COME UP TO
[10. 19-6942 BOA-19-10300103: A request by Jose Neri for a 4’ variance from the 5’ side setback to allow a carport to be 1’ from the front property line, located at 355 Kendalia Avenue. Staff recommends Denial with an Alternate Recommendation. (Councill District 3) (Mirko Maravi, Planner (210) 207-0107, mirko.maravi@sanantonio.gov, Development Services Department)]
OUR FINAL CASE, I BELIEVE AVI PLANNER DEVELOPMENT SERVICES.NEXT CASE IS BO O 8 19 1 0 3 0 0 1 0 3.
REQUEST FOR A FOUR FOOT VARIANCE FROM THE FIVE FOOT SIDE SETBACK TO ALLOW CARPORT TO BE ONE FOOT FROM THE FRONT PROPERTY LINE.
APPLICANT IS JOSE RY 3 55 KEN DAHLIA AVENUE, ZONED R SIX M L D M R TWO H O D.
THIS IS THE, UH, LOCATION MAP THE APPLICANT IS SEEKING TO BE TO BUILD A CARPORT WITHIN THE SIDE.
THE APPLICANT RECEIVED A STOP WORK ORDER ON JULY 9TH, 2019.
THE GENERAL CHARACTER OF THE NEIGHBORHOOD CONSISTS OF SINGLE FAMILY RESIDENCE WITH A SINGLE VEHICLE DRIVEWAY AND OCCASIONAL CARPORTS.
IT IS THE SITE MAP OBJECT PROPERTY FRONT OF THE PROPERTY.
AND RECOMMENDATION STAFF RECOMMENDS DENIAL WITH AN ALTERNATE RECOMMENDATION OF TWO FOOT VARIANCE FROM THE FIVE FOOT SETBACK TO ALLOW AN ATTACHED CARPORT TO BE WITHIN THREE FOOT OF THE SIDE PROPERTY LINE AND BO O A 19 1 0 3 0 0 1 0 3.
BASED ON THE FOLLOWING FINDINGS OF THE FACTS, THREE FOOT SIZE SETBACK ALLOW CARPORTS TO BE EASILY FIRE RATED AND IS SAFE FOR THE PROPERTY OWNER AND NEIGHBORS.
AND A THREE FOOT SIZE SETBACK PROVIDES REASONABLE SPACE TO MAINTAIN THE STRUCTURE.
10 MAIL, 10 NOTICES WERE MAILED TO PROPERTY OWNERS WITHIN 200 FEET.
NO REGISTERED NEIGHBORHOOD ASSOCIATION.
TWO IN FAVOR, ZERO IN OPPOSITION.
AND, UH, CORRECTION FROM THAT FIRST SLIDE WHERE IT'S SAID FRONT, IT'S SUPPOSED TO BE THE SIDE AND THIS IS THE NOTIFICATION MAP AND THAT'S THE PRESENTATION.
OKAY, I JUST WANTED A CLARIFICATION.
YOU'RE SAYING THAT THE, UH, ALTHOUGH ON THE, UH, AGENDA HERE, IT STATES THAT WE'RE DEALING WITH THE FRONT PROPERTY LINE, IT WAS SUPPOSED TO BE THE SIDE PROPERTY LINE.
HOW WAS THAT ADVERTISED? IT WAS ADVERTISED WITH THE SIDE SETBACK.
UH, THE ONLY, I BELIEVE JUST THE, UH, FIRST SLIDE ON THIS PRESENTATION SAID FRONT PROPERTY LINE.
THAT'S WHAT I'M LOOKING AT THE AGENDA.
IT SAYS FRONT AND I JUST WANTED TO MAKE SURE IT WAS A TYPO.
SO IT'S, IT'S FROM THE SIDE YARD SETBACK THAT, SO THE VARIANCE FOR THE SIDE YARD SETBACK WAS ADVERTISED.
THAT'S WHAT I WANTED TO FIND OUT.
ALL RIGHT, ANY QUESTIONS FOR STAFF? ALRIGHT, I GUESS NOT, LET'S BRING FORTH THE APPLICANT.
BEEN SITTING HERE ALL DAY LONG QUIETLY
[02:55:01]
ABSORBING YOU'LL, WE WILL NEED YOUR NAME AND ADDRESS FOR THE RECORD, AND THEN YOU MAY PRESENT YOUR CASE.I'M JOSE NEDDY AT 3 55 GALIA, UH, SAN ANTONIO, TEXAS 7 8 2 1 4.
CAN I
IT'S BEING REPLACED SHORTLY, JUST NOT FOR TODAY.
THOSE ARE JUST, UH, THESE DRAWINGS HERE THAT I HAVE ARE, ARE JUST AN EXPLANATION OF WHAT, WHAT I'M TRYING TO DO.
THIS WAS, THIS IS A MORE IMPORTANT ONE HERE.
UM, THE LONG BLACK, UH, LINE IS ACTUALLY THE PO IF YOU, IF YOU TURN IT THE OTHER WAY, THAT'S YOUR SUPPORT POST.
THAT'S THE SUPPORT POST AND WHAT I'M, WHAT I'M TRYING TO OTHER WAY.
SO BASICALLY WHAT I'M TRYING TO GET EVERY, EVERYBODY TO SEE HERE IS THAT THAT SUPPORT POST IS EXACTLY, THERE IS NO OVERHANG ON THAT BESIDES THE GUTTER.
UH, THERE, THERE'S GONNA BE A SIX INCH CUSTOM GUTTER THERE UNDERNEATH, UH, THAT GUTTER THERE GOES IN BETWEEN THE, UH, PO THE POST THERE AND THE METAL COVERING.
SO MY PROPERTY LINE IS, IS ONE AND A HALF FEET.
THE REASON WHY I'M SAYING ONE FEET, UH, I'M ASKING FOR A FOOT IS BECAUSE THIS TAKES UP SIX INCHES.
SO THAT ONE AND A HALF FEET IS ACTUALLY ONE FOOT FROM HERE TO THE PROPERTY LINE.
THIS ENTIRE STRUCTURE WILL BE MADE OUT OF METAL.
WHEN I CAME IN HERE AND I ASKED WHAT THE MAIN REASONS FOR, FOR THIS VARIANCE, THEY SAID IT WAS FOR FIRE AND FOR THE WATER RUNOFF.
SO THIS ONE IS, IS IS ANOTHER DRAWING.
THIS IS AN EXISTING STRUCTURE HERE.
AND, UH, IT WAS 13 FEET ON THIS SIDE, HIGH 12 ON THIS SIDE, WHICH MEANS THERE'S ONLY ONE FOOT DROP IN THIS FIVE FOOT SPAN.
SO THE WATER, NO MATTER HOW HARD IT IS RAINING, IT'S NOT GONNA GUSH OVER TO MY NEIGHBOR'S YARD.
THE WATER THAT DOES RUN OFF IS GONNA BE CAUGHT BY THAT CUSTOM SIX INCH END GUTTER.
SO I DO GUTTERS MYSELF, SO I, I CAN FABRICATE THAT MYSELF.
UM, YOU STILL GONNA HAVE ONE, ONE ENTIRE FOOT.
NOW THE WAY MY PROPERTY IS, UM, TOWARDS THE BACK, IT'S ACTUALLY ALMOST THREE FEET, BUT THE WAY IT WAS, IT WAS PLOTTED OR WHATEVER.
WHEN YOU GET TOWARDS THE FRONT OF THE, OF THE DRAWING, IT GETS CLOSER TO ONE AND A HALF FEET.
SO, UH, AND THIS IS JUST THE TOP VIEW OF THE AREA THAT I, THAT I WANT COVERED.
THIS IS WHERE I END MY, MY HOUSE IS ACTUALLY IN THIS AREA HERE WHERE IT'S, WHERE IT ENDS.
THE DISTANCE FROM WHERE MY HOUSE ENDS TO THE PROPERTY LINE IS ABOUT 13 FEET.
IF I WERE TO COME IN FIVE FEET, THAT ONLY LEAVES ME ABOUT EIGHT FEET TO GET PAST THERE.
NOW, I DON'T HAVE ONE RIGHT NOW, BUT I WOULD LIKE TO PURCHASE AN RV SOON, WHICH IS ANOTHER BIG REASON WHY I WOULD LIKE TO HAVE SOMETHING TO COVER IT WITH.
UH, NOTHING BIG, SOMETHING SMALL, BUT I NEED EVERY, EVERY INCH I CAN GET RIGHT HERE.
NOW, ALL BACK HERE IS, IS JUST AN OPEN 70 BY 50 AREA.
UH, THE REASON WHY I'M ASKING FOR THIS IS BECAUSE, UM, I DON'T HAVE ANY TREES IN MY BACKYARD.
UH, I GOT TWO LITTLE ONES AT THE HOUSE.
I GOT A THREE YEAR OLD AND A ONE YEAR OLD, AND I HAVE TO WAIT TILL ABOUT SEVEN 30 AT NIGHT TO GET THEM OUTSIDE.
UM, THAT AS, AS WELL AS I, I AM A BUSINESS OWNER, SMALL BUSINESS OWNER, AND I HAVE A VEHICLE THAT IS WRAPPED, UM, TO PROTECT THAT VEHICLE FROM THE WRAP COMING OFF.
IT'S PART OF THE WARRANTY, PART OF THE GUIDELINES THEY GIVE ME.
UH, OTHER THAN THAT, UM, YOU KNOW, WHO, WHO WOULDN'T WANT A, UH, YOU KNOW, COVERED CARPORT,
[03:00:01]
BUT I DO WANT TO TAKE ADVANTAGE OF, OF THE ENTIRE AREA THAT I HAVE BACK THERE.I HAVE TALKED TO MY NEIGHBOR AND HE IS, I'M PRETTY SURE ONE OF THE ONES THAT WAS IN FAVOR.
I ALSO WANT TO ADD THAT HERE, WHERE THIS, UH, CAR PORT'S GONNA BE RUNNING OFF THIS WAY.
THERE IS NOTHING BUT GRASS HERE ON MY NEIGHBORS.
HIS HOUSE ACTUALLY ENDS EXACTLY WHERE MINE IS, WHICH IS RIGHT HERE.
GOT SOME PRETTY BIG LOTS BACK HERE.
I THINK THEY'RE LIKE 200 FEET DEEP.
UH, ME AND MY NEIGHBORS WOULD GET ALONG VERY WELL.
THEY DON'T HAVE ANY PROBLEM WITH IT.
UM, THE ONLY BIG MISTAKE I KNOW I, I'VE MADE ALREADY WAS STARTING THE PROJECT WITHOUT A PERMIT AND I'M HERE, YOU KNOW, I I, AND I HEARD IT 10 TIMES WHEN I CAME AND I SAID, I DIDN'T KNOW YOU NEEDED A PERMIT FOR A CARPORT.
AND I SAID, YOU NEED A PERMIT FOR EVERYTHING.
SO NOW I KNOW, BUT THAT'S BASICALLY WHAT IT IS.
THERE IS NO RISK FOR ANY BUILDING GETTING ANY WATER DAMAGE.
UH, IT'S JUST, IT'S JUST, UH, AGAINST THE CODE.
SO GET THIS VARIANCE FOR ONE FOOT.
UH, DO WE HAVE ANY QUESTIONS FOR THE APPLICANT FROM THE BOARD? IAN HISTORIAN, GO AHEAD.
SO JUST TO CLARIFY ON YOUR SKETCH WHERE YOU'RE, YOU'RE INTENDING TO PUT THE CARPORT, YOU'RE NOT TRYING TO PUT IT BETWEEN THAT GRASS AREA IN THE, IN THE SHED OR ANYTHING, YOU'RE, IT'S JUST GONNA BE BASICALLY RECTANGULAR.
AND THEN, UH, YOU'RE, UH, YOU'RE NOT GONNA START IT, IT'S NOT GONNA CONFLICT WITH YOUR NEIGHBOR'S HOME.
IT'S GONNA BE ENTIRELY BEHIND, BEHIND THE, UH, BACK OF THEIR HOME.
OUR, OUR BOTH OF OUR HOUSES END AT THE VERY SAME LINE, WHICH IS RIGHT HERE.
AND, AND THAT'S WHERE IT WILL START.
SO THERE'S NOTHING BUT GRASS ON HERE, BUT YOU'RE NOT GONNA BE THAT THE POST THAT'S NEAREST YOUR NEIGHBOR'S HOME, IS IT GONNA BE RIGHT ON IT OR AT LEAST FIVE FEET AWAY OR WHAT? NO, THAT, THAT POST HERE FROM HIS HOME.
OUR HOME, OUR HOMES WERE BUILT IN 1948.
SO THEY'RE PRETTY CLOSE TO THE PROPERTY LINE.
I THINK MY HOUSE IS LIKE THREE FEET FROM THE PROPERTY LINE.
SO THIS POST IS ABOUT THREE TO FOUR FEET FROM HIS HOUSE.
UH, HIS OVERHANG IS PRETTY CLOSE TO MY LINE HERE, BUT IT, IT, EVEN THOUGH HIS, HIS ROOF, THE WAY IT IS DESIGNED WHEN IT RAINS, IT HAS A VALLEY RIGHT HERE AND IT DOES THROW WATER OVER, BUT IT'S ALL CEMENT.
AND MY HOUSE IS ON THIS SIDE, SO IT DOESN'T DO ANY DAMAGE TO ME AS FAR AS MINE, EVEN THOUGH IT RUNS THIS WAY.
AND NOT ONLY THAT HIS HOUSE IS, IS IS OVER HERE ON THIS SIDE.
NOW MY THING IS THIS, IF I HAVE TO, OR IF IT'S EASIER, I CAN MAKE THE WATER RUN TO THE BACK.
I, I WAS, I'M TRYING TO ASCERTAIN, UH, IF YOU WERE TO BUILD A, A COVERED STRUCTURE, UH, WITHIN FIVE FEET OF YOUR NEIGHBOR'S HOME IS JUST SOMETHING I WANT, WOULD LIKE TO BE AWARE OF HOW CLOSE IT WOULD EVER THE CLOSEST IT WOULD BE.
SO YOU'RE SAYING THREE FEET OR FOUR FEET? I'M SORRY, I, I DON'T UNDERSTAND THAT QUESTION.
WHAT, WHAT WAS IT ONE MORE TIME? UH, THE, THE, THE, THAT CORNER POST THAT WE WERE JUST DISCUSSING.
UH, YOU'RE SAYING THAT IT'LL BE AT LEAST FOUR FEET DISTANCE FROM YOUR NEIGHBOR'S HOME OR IT WILL BE LESS? IT'S ABOUT FOUR FEET BECAUSE HIS HOUSE IS THREE FEET FROM THE PROPERTY LINE.
THAT POST WOULD BE ONE FOOT ON MY SIDE, SO THAT'S A TOTAL OF FOUR.
ADDITIONAL QUESTIONS? MANA GERMANA.
SO, SO I'M SORRY, I GOT A LITTLE CONFUSED HERE.
SO, SO ON THE DOCUMENT THAT WAS INCLUDED SHOWS A RECTANGULAR CARPORT.
AND THEN IN HERE, IN THIS PICTURE HERE, WHERE WOULD THAT RECTANGULAR CARPORT APPEAR? SO IT'LL START, IT'LL START HERE.
SO RIGHT HERE IT WOULD COVER THE GRASS PART.
IT'LL BE ONE A, A RECTANGLE THERE.
NOW ONE MORE THING ON HERE ON THIS CEMENT.
WHEN I HAD IT DONE, MY INTENTIONS WERE TO COVER IT THE ENTIRE TIME.
THERE IS NO RUN TO THE FRONT, TO THE BACK OR TO THE SIDE.
IF I COME IN FIVE FEET, WHICH WOULD PUT THE POST HERE, UH, ALL THIS AREA HERE, WHEN WET WOULD CREATE STANDING WATER FOR MYSELF.
NOW I, I KNOW, I KNOW IT'S MY FAULT, BUT PRETTY BIG DEAL IF I DON'T GET IT APPROVED.
ALRIGHT, DO WE HAVE ANY OTHER QUESTIONS FOR THE APPLICANT? UH, ONE MORE.
UH, HOW DOES YOUR LOT DRAIN IN RELATION TO THE STREET? MOSTLY TOWARDS THE STREET OR AWAY FROM OR TOWARDS THE BACK? NO, I NOTICE THAT.
[03:05:01]
IN THE BACK AREA I GET A LOT OF WATER THAT THAT SITS THERE.SO I, I REPLACED ALL THIS CEMENT HERE.
THIS WAS LIGHT ASPHALT, REALLY OLD ASPHALT AND A LOT OF GRASS WAS GOING THROUGH IT.
SO I COULDN'T REALLY TELL IT WAS, IT WAS PRETTY BAD, BUT I'M THINKING TO THE BACK.
UH, ARE THERE ANY WITNESSES IN THIS PARTICULAR CASE? NOBODY.
UM, JUST FOR CLARIFICATION, THE REASON WHY THAT THERE'S A, A SIDE SETBACK IS, IS FOR NOT JUST FOR FIRE ISSUE, THAT'S A VERY STRONG ONE, BUT IT'S ALSO FOR MAINTENANCE.
I'M STU LOOKING AT SOME OF THE PHOTOGRAPHS YOU'VE PRESENTED FOR YOUR STRUCTURES THERE.
THE SHEET METAL NEEDS TO BE REPAINTED AND THAT'S THE REASON WHY IT WOULD BE ADEQUATE TO GET BACK THERE TO REPAINT THAT SURFACE.
SHOULD IT START TO RUST ON YOU? WELL, I, I'M, I'M GONNA BUY PAINTED PANELS AND, UM, THOSE LAST PRETTY, PRETTY GOOD AMOUNT OF TIME, SO I JUST WANT, BUT YOUR OTHER STRUCTURES, I NOTICED THEY WERE OH YEAH, YEAH.
THAT'S AN OLD STRUCTURE AND IT'S, IT'S BEEN THERE.
UH, BUT I DO PLAN, I DON'T KNOW IF YOU SAW, I JUST PAINTED MY HOUSE AND THIS, THERE'S NOT GONNA BE SIDEWALLS ON THIS CARPORT.
NO SIDE WALLS, NO SIDEWALLS, SIR.
THAT'S WHAT I WANTED TO FIND OUT.
TO GO BACK TO HIS QUESTION, UM, THE RUNOFF THAT I CREATED ON THE, 'CAUSE I DID ALSO PUT A DRIVEWAY, I DID PUT THAT TO THE FRONT.
SO IT DOES RUN TO THE FRONT, BUT THERE'S A BREAK ON THE CEMENT, UH, WHERE THE HOUSE ENDS AND, AND EVERYTHING IN FRONT OF THAT GOES TO THE STREET.
SINCE THERE'S NO WITNESSES, WE'VE GIVEN YOUR TESTIMONY, I'M GONNA CLOSE THIS TO THE PUBLIC AND ENTERTAIN A MOTION
REGARDING APPEAL NUMBER B O A APPEAL NUMBER BO O A 19 103 0 0 1 0 3, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A FOUR FOOT VARIANCE FROM THE FIVE FOOT SETBACK TO ALLOW A CARPORT TO BE ONE FOOT FROM THE PROPERTY LINE SITUATED AT 3 5 5 KALIA AVENUE, APPLICANT BEING JOSE NETTY BECAUSE OF, BECAUSE OF TESTIMONY PRESENTED TO US, AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC.
IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY REQUIRED SETBACKS TO ENSURE EQUAL ACCESS TO AIR, LIGHT, AND DISTANCE FOR FIRE SEPARATION, INCLUDING THE PROTECTION OF VEHICLES FROM WEATHER CONDITIONS.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
LITERAL ENFORCEMENT OF THE ORDINANCE WOULD REQUIRE THAT THE APPLICANT REMOVES THE CARPORT POST THAT INFRINGES INTO THE SIDE SETBACK, WHICH WOULD RESULT IN UNNECESSARY FINANCIAL HARDSHIP.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS THE INTENT OF THE CODE, WHICH IN THIS CASE IS THE ALLOWANCE FOR THE PROTECTION OF VEHICLES UNDER ADEQUATE SHELTER.
THE INTENT OF THE SETBACK LIMITATION IS TO PREVENT FIRE SPREAD, ALLOW ADEQUATE SPACE FOR MAINTENANCE, AND ENCOURAGE PROPER STORM WATER DRAINAGE.
BY GRANTING THE VARIANCE, THE SPIRIT AND INTENT OF THE CODE WILL BE OBSERVED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE DISTRICT IN WHICH THE REQUEST FOR VARIANCE IS LOCATED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE ZONING DISTRICT.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE BOARD FINDS THAT THE CARPORT AS DESIGNED, DOES NOT HARM ADJACENT PROPERTY OWNERS AND DOES NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE PLIGHT OF THE OWNER IS DUE TO THE HOUSE NOT HAVING A BUILT IN GARAGE AND LOCATION OF THE DRIVEWAY, WHICH LEAVES INADEQUATE ROOM FOR A CARPORT OF ANY SUBSTANTIAL SIZE AND A MOTION.
ALRIGHT, UH, WE HAVE A MOTION.
DO WE HAVE A SECOND? SECOND, MR. MANNA, YOU MADE A SECOND.
OKAY, LET'S GO AHEAD AND OPEN UP THE DISCUSSION.
AND SO, UM, JANE, IF YOU WANNA GO AHEAD AND START.
SO I'M FAMILIAR WITH THIS AREA OF SAN ANTONIO, AND, UH, I THINK IT'S PRETTY COMMON TO, TO SEE CARPORTS LIKE THIS, UH, IN RESIDENTIAL
[03:10:01]
LOCATIONS.UH, I IT'S GONNA BE, AS THE GENTLEMAN SAID, FRAMED OUT OF METAL, SO THERE DOESN'T APPEAR TO BE ANY FIRE OR WATER HAZARD.
I AGREE WITH MY COLLEAGUE AND, YOU KNOW, UH, LOOKING AT GOOGLE MAPS, YOU CAN KIND OF DRIVE DOWN THE STREET AND SEE OTHER SIMILAR STRUCTURES.
SO I THINK IT'S VERY CONSISTENT WITH WHAT'S REALLY ALREADY THERE.
SO I WILL BE VOTING, UH, IN FAVOR OF THIS.
ANYONE ELSE WANNA GIVE SOME INPUT? MS. DORIAN? DORIAN? YES.
UH, I'LL BE IN SUPPORT AS WELL, UH, BECAUSE AS, AS, UH, SUBMITTED IN THE APPLICATION, HE'S PROPOSING, UH, IT TO, TO BE BEYOND HIS NEIGHBOR'S HOME.
SO I DON'T SEE A CONFLICT, UH, WITH, WITH THAT.
UH, SO I'LL BE, I'LL BE IN SUPPORT.
ANYONE ELSE? I'M JUST GONNA MAKE A QUICK, QUICK COMMENT.
HE'S GOT AN EXTRAORDINARY NARROW LOT AND, UH, I BELIEVE THAT, UH, WARRANTS A LITTLE BIT OF A VARIANCE IN REGARD TO WHAT IS BEING DONE WITH THIS PARTICULAR PROPERTY.
I ALWAYS FELT THAT UNIQUE SIZE PROPERTIES NEED TO BE TREATED IN SUCH A FASHION.
AND, UH, SINCE HE'S JUST BUILDING A CARPORT, ALL STEEL, CUSTOMIZED, UH, UH, AND THE FACT THAT HE'S GONNA, HE'S PLANNING ON USING PAINTED PANELS, WHICH MEANS IT'S PRACTICALLY BE MAINTENANCE FREE, THEN, UH, I CAN GO ALONG AND SUPPORT THIS PARTICULAR MOTION.
SO, UH, LET'S GO AHEAD AND TAKE THE ROLL COUNT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
MR. ORIAN? YES, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
YOU HAVE A UNANIMOUS VOTE IN YOUR FAVOR.
UH, GOOD LUCK WITH YOUR CARPORT.
IT SOUNDS LIKE YOU THOUGHT IT OUT REAL WELL, AND WE HOPE YOU THE BEST.
THAT CONCLUDES THE CASES THAT WE HAVE BEFORE US TODAY.
WE NOW ARE GOING TO REVIEW THE, UH, MINUTES FROM
[11. 19-6867 Consideration and approval of the August 19, 2019 Board of Adjustment Minutes.]
THE PREVIOUS MEETING.UH, THOSE OF YOU THAT HAVE HAD THE OPPORTUNITY TO REVIEW THEM, DO YOU HAVE ANY QUESTIONS, ANY RECOMMENDATIONS? NONE BEING THE CASE.
THE MINUTES OF PASTOR ARE APPROVED AS PROVIDED.
[Director's Report: Status of Board Appointments]
SPECIAL INFORMATION OR DIRECTOR'S REPORT.JUST, UH, GIVING YOU A QUICK UPDATE ON, UM, THE STATUS OF THE REAPPOINTMENTS.
I THINK THE LATEST ONE THAT CAME THROUGH LAST WEEK, UH, WAS MR. BRITTON'S REAPPOINTMENT.
SO THEY'RE COME, THEY'RE TRICKLING IN LITTLE BY LITTLE.
SO IF YOU HAVE NOT BEEN REAPPOINTED YET, UH, JUST REMIND YOUR COUNSEL OFFICE IF, UH, YOU, YOU WISH TO BE REAPPOINTED AND LET THEM KNOW THAT YOU DESIRE TO BE REAPPOINTED SO THEY CAN PUT THAT, UH, FORWARD.
HEY, DO WE KNOW WHERE THE GOVERNANCE BOARD IS IN REGARD TO, UM, REVIEWING THE ALTERNATES AS WELL AS THE APPLICANT'S? WE ARE SCHEDULED FOR CONSIDERATION WITH THE GOVERNANCE, UH, COMMITTEE IN OCTOBER TO REVIEW THE ALTERNATES.
UH, GOVERNANCE WILL REVIEW, MAKE, UH, RECOMMENDATIONS, WHICH WILL THEN GO FORWARD TO CITY COUNCIL FOR APPROVAL.
DOES THE GOVERNMENT BOARDS, UH, ALLOW FOR PUBLIC INPUT? I DON'T THINK THAT THEY HAVE A PUBLIC COMMENT PORTION.
I JUST WANTED TO FIND OUT HOW THEY RUN THEIR BUSINESS.
WELL, THAT PRETTY MUCH CONCLUDES THE, UH, ISSUES FOR TODAY.
SO THANK YOU VERY MUCH FOR ATTENDING.
IT IS NOW, UH, 20 MINUTES STILL FIVE O'CLOCK.
IF YOUR APPLICATION IS OVER A YEAR, YOU'LL NEED TO UPDATE IT.
IT'LL, YOU'LL SUBMIT A NEW ONE FOR, FOR THOSE? FOR REAPPOINTMENT.
WELL, I KNOW I DID SO I'M SURE EVERYBODY ELSE WILL DO THE SAME THING.
SO THANK YOU VERY MUCH AND PLEASE CHECK WITH YOUR COUNCILMAN.