* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. ALL [00:00:01] LOCKED IN. ALL RIGHT. ARE WE RECORDING? ALL RIGHT. IT IS ONE O'CLOCK. I HEREBY CALL THIS MEETING THE BOARD OF JUSTIN. SEND INTO ORDER STAFF IF YOU COULD PLEASE CALL ROLL. COMMISSIONER BARRINGTON. HERE. COMMISSIONER STEVENS. PRESENT. COMMISSIONER IBANEZ. PRESENT. COMMISSIONER DEAN PRESENT. COMMISSIONER CRUZ. HERE. COMMISSIONER GOMEZ. COMMISSIONER MANNA. PRESENT. COMMISSIONER BRAGMAN. COMMISSIONER BENAVIDES. COMMISSIONER OZUNA. PRESENT. COMMISSIONER UNIS. HERE. COMMISSIONER KAPLAN? HERE. CHAIR ORIAN. AND I'M HERE. CAN WE HAVE THE SPANISH INTERPRETER COME OUT? PLEASE DO THEIR PRESENTATION. GOOD AFTERNOON EVERYONE. THANK YOU VERY. THANK YOU SO MUCH. THANK YOU. IF EVERYONE COULD PLEASE UH, JOIN ME IN THE PLEDGE. I PLEDGE ALLEGIANCE TO THE FLATLIGHT, UNITED STATES AMERICA TO THE REPUBLIC. UNDERSTAND ONE NATION UNDER GOD, INDIVISIBLE JUSTICE, HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD ONE AND INDIVISIBLE IT. SO BEFORE WE PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION. THIS BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND THE STREET ADDRESS. FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT. LASTLY, AS CHAIR, I'LL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS. I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS A CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING. WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL. THE BOARD IS SUPPORTED BY THE MEMBERS OF THE CITY STAFF COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT, AND WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN THE PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND AUTHORIZE VARIANCES FROM THE ZONING REG REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS FROM CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE. IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD. ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER. AFTER EVERYONE HAS HEARD THE CASE, IT WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. EVERY MEMBER WILL BE ASKED TO VOTE ON THE MOTION. IN ORDER FOR A MOTION TO CARRY. IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES. THE BURDEN OF PROOF IN GRANTING THE RELEASE SOUGHT REST WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS IN WHICH REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM ADMINISTRATIVE OFFICIALS. SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW BASED ON THE RECORD OF THESE PROCEEDINGS. APPEALS FROM THE BOARD'S. DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. PLEASE LIMIT YOUR PRESENTATION TO THE PERTINENT FACTS OF YOUR CASE STAFF. THANK YOU. STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION AND REQUEST. PRIOR PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OR SPECIAL EXEMPTION OR APPEAL. AND A PROPERTY WITHIN 200 FEET OF THE SUBJECT PROPERTY CHECK MARKS INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST X INDICATE THOSE PROPERTY OWNERS IN OPPOSITION. FOLLOWING THIS PRESENTATION AND ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THE REQUEST FOR THOSE WHO SIGN UP TO SPEAK FOR THE PROPOSED VARIANCE, SPECIAL EXEMPTION OR APPEAL. YOU'LL BE CALLING THE ORDER TO SIGN UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED OF MAXIMUM THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE A MAXIMUM TIME LIMITATION. FOR THOSE THAT LIKE TO GIVE UP THEIR TIME TO A SPEAKER, THAT SPEAKER WILL BE ALLOWED TO MAXIMUM TWO PEOPLE GIVING UP THEIR TIME FOR A TOTAL OF NINE MINUTES. THOSE GIVING UP THEIR TIME MUST BE PRESENT AND SIGNED UP TO SPEAK. [00:05:01] IF YOU'RE GIVING UP YOUR TIME TO SOMEBODY, PLEASE MAKE US AWARE OF IT BEFORE THE SPEAKER UH, STARTS. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS. [ Briefing and Possible Action on the following items  ] THANK YOU CHAIRMAN. YES. UH, SO AT THIS TIME WE HAVE 10 MEMBERS SEATED. UH, WE EXPECT TO HAVE 11 SOON. WHAT I WOULD LIKE TO DO IS EITHER BRING, UH, CASE 13 OR 14. WE'LL START WITH 13. SINCE STAFF IS RECOMME REMAINING APPROVAL AND THERE'S NOBODY, UH, IN OPPOSITION, WHILE WE DON'T HAVE A FULL BOARD, UH, AND DUE TO THE NUMBER OF PEOPLE IN HERE, I'M GONNA BE DROPPING ALL PUBLIC COMMENTARY AND VOICEMAILS DOWN TO TWO MINUTES. SO, UH, PLEASE, UH, BE AWARE OF THAT WHEN YOU COME UP AND SPEAK. SO LET'S START WITH ITEM NUMBER 13. OKAY, BO OA 24 1 0 3 0 0 2 5 1. ADDRESS, 1 1 2 5 ROGERS AVENUE COUNCIL DISTRICT TWO APPLICANT JACK LLOYD RILEY. A REQUEST FOR A 1,205 SQUARE FOOT VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT. UH, LOT SIZE TO ALLOW DEVELOPMENT ON A 2,795 SQUARE FOOT. LOT ZONING IS R FOUR. THE SUBJECT PROPERTY IS LOCATED ALONG ROGERS AVENUE, WEST OF NORTH NEW BRAUNFELS AVENUE. THE SITE IS CURRENTLY A VACANT LOT AND THE APPLICANT IS SEEKING TO DEVELOP A SINGLE FAMILY HOME ON THE LOT. THE CURRENT LOT SQUARE FOOTAGE IS 2,795 BELOW THE MINIMUM REQUIRED 4,000 FOR AN R FOUR DISTRICT. THE LOT EXCEEDS THE R FOUR MINIMUM LOT WIDTH REQUIREMENT OF 35 FEET AND IS GOOD ON THAT REGARD. AND HERE'S THE SITE PLAN AND THE SUBJECT PROPERTY SURROUNDING AREA. STAFF RECOMMENDATION FOR THE MINIMUM LOT SIZE VARIANCE. STAFF RECOMMENDS APPROVAL AND BOA 24 1 0 3 0 0 2 5 1 BASED ON THE FOLLOWING FINDINGS OF FACT, THE DEVELOPMENT WILL BE ABLE TO BE ABIDE BY ALL OTHER SETBACKS AND ZONING REQUIREMENTS AND THE REQUESTED VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF MAILED OUT 20 NOTICES. ZERO IN FAVOR OF ZERO IN OPPOSITION AND NO RESPONSE FROM THE NUITY HILL NEIGHBORHOOD ASSOCIATION. AND THIS CONCLUDES STAFF PRESENTATION APPLICANT IS AVAILABLE. ALRIGHT, THANK YOU VERY MUCH. UH, WILL THE APPLICANT FOR 1125 ROGERS PLEASE COME FORWARD. ALRIGHT. HI, UH, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. UH, MY NAME'S JACK LLOYD RILEY. UM, I HAVE KIND OF A SPEECH HERE, BUT I THINK IT MIGHT BE A LITTLE BIT LONG AND RAMBLING. UM, SO, UH, ALL I'M TRYING TO BUILD HERE IS A SINGLE FAMILY HOME ON A LOT. UH, THIS PARCEL WAS ORIGINALLY SUBDIVIDED IN 1934, I BELIEVE, BEFORE THE EXISTENCE OF ANY ZONING CODE. SO AT THE TIME THERE WAS NO MINIMUM SOUGHT LOT SIZE. UH, WHEN THE ORIGINAL ZONING CODE WAS APPLIED, THIS WAS ZONE B AND THAT WAS EVENTUALLY CONVERTED TO R FOUR, I BELIEVE AUTOMATICALLY WITHOUT ANY REVIEW, WHICH IS WHY IT IS CURRENTLY BELOW, UM, THE MINIMUM LOT SIZE. NOW AS I'VE BEEN LED TO BELIEVE THAT WOULD NOT REALLY MATTER OR BE AN OBSTACLE TO ME GETTING A BUILDING PERMIT, EXCEPT THAT, UM, THERE IS NO CURRENTLY EXISTING PLAT FOR THIS PARCEL. SO WE APPLIED FOR A BUILDING PERMIT AND THERE IS A, UM, VARIANCE FOR THE PLAT REQUIREMENT. IT'S UDC SECTION 35 DASH FOUR 30 C, AND I WOULD BE GRANTED EXEMPTION SIX EXCEPT FOR THE LOT SIZE MINIMUM. SO I WAS INSTRUCTED TO GET A VARIANCE, WHICH WOULD BRING ME INTO COMPLIANCE WITH EXCEPTION SIX AND THEREBY ENABLE ME TO GET, UM, GET MY, UH, WHAT'S IT CALLED? UM, I WROTE IT DOWN HERE. CERTIFICATE DETERMINATION. YES, THAT. THANK YOU. SO ALL I NEED IS THE VARIANCE ON THE LOT SIZE. I MEET ALL OF THE OTHER SETBACK REQUIREMENTS. IT'S A RESIDENTIAL HOME ON A RESIDENTIAL LOT. IT'S, UM, YOU KNOW, IT'S NOT A PARTICULARLY LARGE A REMARKABLE HOUSE. IT'S NOT EXCEEDING ANY HEIGHT RESTRICTIONS OR ANYTHING LIKE THAT. THE OTHER OPTION I WAS TOLD IS THAT I COULD APPLY FOR A REZONING. I CHOSE TO GO WITH THIS ROUTE BECAUSE I THINK, UM, GOING TO THE CITY COUNCIL FOR A REZONE IS A BIT OVERKILL FOR A SINGLE FAMILY HOME. UM, I'D ALSO LIKE TO EMPHASIZE THAT THIS IS IN LIKE A CORE URBAN DISTRICT. YOU CAN SEE THERE'S URBAN OR INDUSTRIAL LOTS NEARBY. UM, THERE'S A NEW LIKE HIGH CAPACITY RAPID TRANSIT LINE PLANNED TO GO IN A LITTLE BIT SOUTH OF HERE. UM, WHICH THE CITY HAS BEEN TRYING TO ENCOURAGE INCREASED POPULATION DENSITY ALONG THOSE. SO IT'S IN THE CITY'S BEST INTEREST, I BELIEVE TO ALLOW A HOUSE TO BE BUILT HERE INSTEAD OF HAVING AN EMPTY LOT. UM, SO, UM, I MEAN I COULD RAMBLE ABOUT THAT, BUT [00:10:01] I THINK WE SEE THESE ALL THE TIME. . UM, YEAH. IS THERE ANY, UH, COMMISSIONER QUESTIONS FOR THE APPLICANT? CRUZ? COMMISSIONER CRUZ? UH, YES SIR. UH, IS THE HOME GONNA BE A ONE STORY OR A TWO STORY? IT IS A TWO STORY HOME. IT'S ABOUT 600 SQUARE FEET ON EACH FLOOR. UH, 2 2 3 BEDROOM, TWO BEDROOM, TWO BEDROOM, ONE AND A HALF BATH. ALL RIGHT. THANK YOU. MM-HMM . AND JUST TO VERIFY, NO ONE SIGN UP TO SPEAK, UH, OR VOICEMAILS. NO PUBLIC COMMENTS. ALL RIGHT. WELL, SIR, WE'RE GONNA SEE, UH, HOW THIS TURNS OUT. I'M LOOKING FOR A MOTION ON THIS COMMISSIONER ZUNA REGARDING CASE NUMBER BO OA DASH 24 DASH 0 3 0 2 5 1. I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED REQUEST FOR A 1,205 SQUARE FOOT VARIANCE FOR THE MINIMUM 4,000 SQUARE FOOT LOT SIZE TO ALLOW DEVELOPMENT OF A 2,795 SQUARE FOOT LOT SITUATED AT 1125 ROGERS AVENUE, APPLICANT BEING JACK LLOYD RILEY. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT, EXCUSE ME, ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. UH, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST IN THIS CASE. THE PUBLIC INTEREST IS REPRESENTED BY ADHERING TO MINIMUM LOT SIZE REQUIREMENTS TO PREVENT OVERCROWDING A LOTS. THE MINIMUM LOT SIZE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST, AS A SUFFICIENT SPACE WILL REMAIN TO ADHERE TO ALL SET ALL OTHER SETBACKS. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN, IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE MINIMUM LOT SIZE ORDINANCE WOULD RESULT IN UNNECESSARY, UNNECESSARY HARDSHIP, AS THE APPLICANT WILL BE UNABLE TO DEVELOP A LOT AS A SINGLE FAMILY DWELLING UNIT AND WOULD BE LEFT VACANT. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED MINIMUM LOT SIZE VARIANCE, DOES NOT APPEAR TO BE IN THE SPIRIT OF THE ORDINANCE AS SUFFICIENT OF THE SPACE WILL REMAIN TO ABIDE BY ALL OTHER SETBACKS AND BUILDING REQUIREMENTS. FOUR. UM, AND I'LL JUST GO BACK AND CORRECT MYSELF. THE LOT SIZE VARIANCE DOES APPEAR TO BE IN THE SPIRIT OF THE ORDINANCE. UH, NUMBER FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT POINTS. THE PROPERTY IS LOCATED. STAFF FINDS THE MINIMUM LOT SIZE VARIANCE, WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT PROPERTIES, AS SUFFICIENT SPACE WILL REMAIN TO, UH, TO ABIDE BY ALL OTHER SETBACKS AND OTHER SIMILAR LOT SIZES HAVE BEEN OBSERVED IN THE NEIGHBORHOOD IN WHICH THE VARIANCE IS REQUESTED. AND SIX, THE PLIGHT TO THE OWNER OF THE PROPERTY FOR WHICH VARIANCE IS SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND NOT MERELY FINANCIAL AND NOT NOT, AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STEP PINE'S, UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY FOR THE MINIMUM LOT SIZE VARIANCE AS THE LOCK CONFIGURATION OF DIMENSIONS THAT IS OTHERWISE PROHIBITED PROHIBITING DEVELOPMENT. SECOND, UH, WHO MADE THE SECOND, UH, COMMISSIONER STEVENS? UH, COMMISSIONER ZUNA. RIGHT. SO I'M GOING TO, UH, SUPPORT THE VARIANCES. READ. UH, WE SAW THERE WAS NO OPPOSITION FROM, FROM THE SURROUNDING, UH, PROPERTY OWNERS. UH, NO OPPOSITION FROM THE NEIGHBORHOOD ASSOCIATION. THE BUILDING WILL MEET ALL SETBACK REQUIREMENTS. UH, THIS IS THE, THE PATH OF LEAST RESISTANCE FOR THE SPONSOR AND NOT NEEDING TO GO THROUGH FOR A, A PLAT OR TO GO THROUGH A ZONING WITH THE CITY COUNCIL. SO I THINK THIS IS THE BEST WAY TO PROVIDE MUCH NEEDED HOUSING IN AN AREA THAT NEEDS GOOD AFFORDABLE HOUSING. AND IN CLOSE PROXIMITY TO THE TRANSIT ORIENTED DEVELOPMENTS. I SUPPORTING THE MOTION OF RED COMMISSIONER STEVENS. UH, I AGREE WITH EVERYTHING. COMMISSIONER OZUNA JUST SAID, LOOKS LIKE A GREAT INFILLED DEVELOPMENT PROJECT, SO I'LL BE IN SUPPORT. ALL RIGHT, WE'RE GONNA TRY THIS BY VOICE VOTE. ALL IN FAVOR SAY AYE. AYE. ANY OPPOSED? AYE. HEARING NONE. MOTION PASSES. CONGRATULATIONS. THANK YOU VERY MUCH. ITEM 14 AND JUST TO NOTE, UH, COMMISSIONER BENAVIDEZ HAS JOINED US. UM, COMMISSIONER BE, GO AHEAD AND START PRESENTING THE COMMISSIONER. BENAVIDEZ, CAN YOU HEAR US? I DO ALL THANK YOU. WELL, SINCE WE'RE BACK TO NOW WE'RE AT 11, WE CAN GO BACK TO THE AGENDA ITEM ONE. GOOD AFTERNOON. ITEM NUMBER ONE IS BO A DASH 24 DASH 1 0 3 0 2 2 1. ADDRESS IS 3 3 5 EAST PARK AVENUE IN CITY COUNCIL. DISTRICT ONE. UH, THE APPLICANT IS KGF AND THE REQUEST IS FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK PHASE. AND THE CURRENT ZONING IS R SIX FOR RESIDENTIAL [00:15:01] SINGLE FAMILY. UH, AGAIN, THE PROPERTY IS LOCATED AT 3 3 5 EAST PARK. UH, SURROUNDING USES INCLUDE RESIDENTIAL, SINGLE FAMILY AND MULTIFAMILY. UH, AGAIN, THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO, UH, PER SECTION, UH, PER SECTION 35 DASH 37 4 0.0. ONE OF THE CITY CODE. UH, TYPE TWO SHORTS AND RENTAL SHALL BE LIMITED TO NO MORE THAN ONE EIGHTH OR 12.5% OF THE TOTAL NUMBER OF SINGLE FAMILY DUPLEX, TRIPLEX, OR QUADPLEX UNITS ON THE BLOCK FACE. UM, SO THIS IS THE TYPE TWO DENSITY COUNT. THERE ARE CURRENTLY 33 UNITS ON THIS BLOCK FACE. UH, IT EXTENDS FROM THREE 15 EAST PARK AVENUE ALL THE WAY TO 6 45 EAST PARK. UM, THERE ARE CURRENTLY FIVE ACTIVE, UH, TYPE TWOS ALREADY ON THE BLOCK FACE. UM, THE FIRST ONE BEING AT 3 2 5 EAST PARK. UM, AND THEN THE REMAINING FOUR AT 3 2 7 EAST PARK AVENUE. UM, SO CURRENTLY THE BLOCK FACE IS AT 15.1% AND IF THIS ADDITIONAL TYPE TWO IS APPROVED, THE BLOCK FACE WILL BE AT 18%, WHICH EXCEEDS THAT 12.5% DENSITY FOR TYPE TWOS. UM, SO THERE ARE NO CODE VIOLATIONS, UH, INVESTIGATIONS, UH, OR NO ACTIVE LISTINGS. UH, THIS IS THE SITE PLAN OF THE SUBJECT PROPERTY AND THE SURROUNDING AREAS. UH, STAFF RECOMMENDATION FOR THE SPECIAL EXCEPTION STAFF RECOMMENDS A DENIAL OF THE APPLICANT'S REQUEST, AND THIS IS THE NOTIFICATION PLAN. STAFF MAILED OUT 39 NOTICES. UH, WE RECEIVED TWO IN FAVOR WITH THREE IN FAVOR OUTSIDE THE 200 FEET. UH, WE RECEIVED FIVE IN OPPOSITION. UH, THE TOKEN HILL COMMUNITY NEIGHBOR ASSOCIATION IS IN OPPOSITION. WE ALSO HAD NO RESPONSE FROM THE SAN ANTONIO TEXAS DISTRICT ONE RESIDENT ASSOCIATION AND THEN THE THREE CITYWIDE GROUPS THAT WERE NOTIFIED. UH, WE DID NOT RECEIVE ANY RESPONSE FROM THEM. AND THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT, UM, SHOULD BE HERE. OKAY. UH, ONE QUICK QUESTION. YOU HAD MENTIONED THERE'S FIVE STRS, BUT TWO ARE TYPE ONE AND THREE ARE TYPE TWOS. UM, NO. SO THE FIVE ACTIVE SHORT-TERM RENTAL, UH, UNITS ARE ALL TYPE TWOS AND THEY'RE ALL GRANDFATHERED. OH, OKAY. ALL RIGHT. THANK YOU. LET HAVE THE APPLICANT COME FORWARD. SO THE APPLICANT SAID THAT HE WAS COMING, BUT I'M NOT TOO SURE WHERE HE IS. OKAY, SO HERE'S WHAT WE'RE GONNA DO IS WE'RE GONNA TABLE THIS AND MOVE ON THE AGENDA. ITEM NUMBER TWO. DO WE NEED A MOTION FOR THAT, MR. CHAIR? NO, NOT THE TABLE. WE'RE NOT GONNA CONTINUE. WE'RE JUST BRING IT BACK UP. WHEN I SEE SOMEBODY WALK THROUGH, THEN I RECOGNIZE . OKAY. SO ITEM NUMBER TWO IS, UH, BO OA DASH TWO FOUR DASH 1 0 3 0 0 2 4 7. THE ADDRESS IS 3 3 1 BURLESON STREET IN CITY COUNCIL DISTRICT TWO. THE APPLICANT IS ANTHONY CANDIA, AND THE REQUEST IS FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORTTERM RENTAL ON THE BLOCK FACE. THE CURRENT ZONING IS R FOUR FOR RESIDENTIAL SINGLE FAMILY. AGAIN, THE SUBJECT PROPERTY IS LOCATED AT 3 3 1 BURLESON STREET. SURROUNDING USES INCLUDE RESIDENTIAL SINGLE FAMILY. UH, THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO, UM, PER SECTION 35 DASH 37 4 0.0. ONE OF THE CITY CODE TYPE TWO SHORT-TERM RENTAL SHALL BE LIMITED TO NO MORE THAN ONE EIGHTH OR 12.5% OF THE TOTAL NUMBER OF, OF UNITS ON THE BLOCK PHASE. SO THIS IS THE, UH, TYPE TWO DENSITY COUNT. UH, IT EXTENDS FROM 3 0 1 BURLESON STREET TO 3 3 1. UH, THERE ARE CURRENTLY EIGHT UNITS ON THIS BLOCK FACE WITH ONE ACTIVE TYPE TWO CURRENTLY AT 3 2 3 BURLESON STREET. UH, SO CURRENTLY THE BLACK FA THE BLOCK FACE IS CURRENTLY AT 12.5%. AND IF THE ADDITIONAL TYPE TWO IS APPROVED, THE BLOCK PHASE WOULD BE AT 25%, WHICH EXCEEDS THAT 12.5% FOR TYPE TWO ST. UM, SO ON SEPTEMBER 23RD, 2024, THERE WAS A CODE INVESTIGATION OPEN, UH, FOR OPERATING WITHOUT A SHORT TERM RENTAL PERMIT. THERE WAS A NOTICE OF VIOLATION ISSUED AND THE CURRENT STATUS, UH, IS PENDING RESOLUTION BECAUSE THE OWNER SUBMITTED A SHORT-TERM RENTAL APPLICATION FOLLOWING. AND THERE IS AN ACTIVE LISTING. AND THIS IS THE SITE PLAN AND THIS IS THE, UH, SUBJECT PROPERTY AND THEN THE SURROUNDING AREAS AND STAFF RECOMMENDATION FOR THE SPECIAL EXCEPTION STAFF RECOMMENDS A DENIAL. AND THIS IS THE NOTIFICATION PLAN. STAFF MAILED OUT 43 NOTICES. WE RECEIVE ZERO IN FAVOR, ONE IN OPPOSITION. THE NUITY HILL NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION OF THE REQUEST, [00:20:01] AND THE FOUR CITYWIDE GROUPS WERE NOTIFIED WITH NO RESPONSE. AND THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. ALRIGHT, LET'S HAVE THE APPLICANT COME FORWARD. I HAVE A QUICK QUESTION FOR STAFF. YES. UH, COMMISSIONER ZUNE. UH, I WAS CURIOUS, UH, YOU MENTIONED THAT THERE'S AN ACTIVE LISTING AND I THOUGHT THE CITY HAD IN PLACE WHERE THE ORDINANCE, UH, I MEAN THEIR PERMIT NUMBER HAD TO BE INCLUDED IN THE LISTING. IS THAT NOT, IS THAT NOT IN EFFECT OR, UM, COMMISSIONER THAT IS IN EFFECT. UM, AS I BELIEVE AIRBNB JUST LAUNCHED THE REQUIREMENT FOR SHORT-TERM RENTAL PERMITS IN THE LISTING, UH, EARLIER THIS MONTH. SO, AND THE LISTING THAT WE'RE PULLING UP PREDATES? CORRECT. OKAY, THANK YOU. ALRIGHT. HELLO. UH, STATE YOUR NAME, TELL US ABOUT YOUR PROJECT. UH, MY NAME IS ANTHONY CANDIA. UH, THANK YOU SO MUCH FOR THE OPPORTUNITY, UH, TO TAKE THE TIME TO REVIEW MY, MY, MY CASE. UM, FIRST, UH, YOU KNOW, I'M A REAL ESTATE AGENT, SO THE REASON THAT I BOUGHT THIS PROPERTY IS BECAUSE IT WAS MY, UH, CAREER WASN'T DOING TOO GOOD. SO I DECIDED TO BUY PROPERTIES, YOU KNOW, UH, RENOVATED THEM AND THEN SELL IT. BUT, UH, AS YOU GUYS KNOW, YOU KNOW, THE, THE, YOU KNOW, THE COUNTRY'S BEING PASSING WITH, WITH A LOT OF, UH, PROBLEMS, ESPECIALLY ON, ON THE REAL ESTATE MARKET, THE INTEREST RATES ARE SUPER HIGH. SO IT MADE ME KIND OF IMPOSSIBLE TO SELL THE PROPERTY AT THE TIME, YOU KNOW, THE PROPERTY WAS READY TO SELL, SO I PUT IT, UH, I PUT IT ON THE MARKET FOR, UH, TO, TO HAVE IT AS A LONG-TERM RENTAL AND IT, IT, AND RENT. AND THEN, YOU KNOW, I HAD TO PAY PRETTY MUCH OUTTA MY POCKETS TO THE, TO THE BANK. SO I DIDN'T KNOW WHAT TO DO AT THE MOMENT. SO I JUST PRETTY MUCH DECIDED TO GO TO THAT ROUTE AS A SHORT-TERM RENTALS. I KNEW THAT THERE WAS ANOTHER PROPERTY, UH, RIGHT IN THE SAME BLOCK. THAT'S WHY I CAME OVER HERE TO REQUEST A PERMIT. BUT, YOU KNOW, THE REPRESENTATIVE FROM FROM, FROM THE AIRBNB DEPARTMENT TOLD ME THAT THERE WAS ALREADY A PROPERTY IN THERE. SO THAT'S HOW I, YOU KNOW, UH, YOU KNOW, PRETTY MUCH DECIDED TO CONTINUE WITH THE PROCESS. UH, YOU KNOW, ASKING GOD, YOU KNOW, YOU GUYS CAN HELP ME WITH THAT SITUATION. 'CAUSE, AND I TRIED TO RENT IT AS A LOAN TERM RENT, BUT YOU KNOW, IT'S NOT RENTING AND I NEED TO PAY MY MORTGAGE PAYMENT, YOU KNOW, AS, AS OF NOW I'M PAYING IT WITH OUT OF POCKET. SO DEFINITELY HAVING IT AS, AS AN RENTAL WITH, UH, YOU KNOW, SHORT TERM RENTAL WILL HELP A LOT. AND, UH, CURRENTLY I'M A SUPER HOST 'CAUSE I, I HAVE OTHER, UH, AIRBNBS THAT ARE ALREADY REGISTERED WITH, YOU KNOW, WITH THIS, I HAVE MY PERMITS. I'M A SU A SUPER HOST, SO THAT MEANS THAT, YOU KNOW, I'M, I KNOW WHAT AIRBNB REQUIRES. I KNOW WHAT THE NEIGHBORHOOD REQUIRES TO, TO, UH, HAVE THESE KIND OF PROPERTIES. AND I HAVE A LOT OF LIMITATIONS TO CHOOSE MY, I MAKE MY GUESTS TO MY PROPERTIES. YOU KNOW, I DON'T, I DON'T ALLOW DIFFERENT, UH, ACTIONS THAT, YOU KNOW, THE, THE PEOPLE USUALLY HAVE. YOU KNOW, I DON'T ALLOW, UH, SMOKER PEOPLE. I DON'T ALLOW PETS IN MY PROPERTY. I DON'T ALLOW, UH, PEOPLE THAT HAD ALREADY ISSUES WITH AIRBNB BEFORE. SO I HAVE THOSE OPTIONS ALREADY ON, ON MY SETTINGS. SO DEFINITELY PEOPLE THAT GO TO THE PROPERTY, IT WOULD BE PEOPLE WHO JUST GO TO STAY, RELAX, OR VISIT ANOTHER FAMILY THAT LIVES IN THE SAME NEIGHBORHOOD. THAT'S PRETTY MUCH WHAT, WHAT I GET PEOPLE FOR TO, TO MY PROPERTY. SO IF YOU GUYS, UH, ALLOW ME TO CONTINUE WITH THE, WITH, UH, THIS KIND OF, UH, PROCESS IN THE PROPERTY, I WILL APPRECIATE YOU GUYS, BUT IT WILL BE REALLY UP TO YOU. NO, DO YOU HAVE ANY QUESTIONS? PLEASE WELCOME TO ASK. YEAH. SO YOU HAD MENTIONED THAT YOU HAVE OTHER SDRS. HOW MANY OTHER SDRS DO YOU HAVE? I, UH, CURRENTLY I'M WORKING ON WHEN I'M ACTUALLY, I'M GONNA REQUEST ANOTHER ONE. 'CAUSE IT, IT'S THE SAME ISSUE. UH, I STARTED TO, TO BUY PROPERTIES TO RENOVATE. HOW MANY DO YOU HAVE RIGHT NOW? YOU SAID? I HAVE LIKE SIX, IF I'M NOT MISTAKEN. SIX, SIX OR SEVEN. AND DO YOU, HAVE YOU HAD THEM, YOU KNOW, JUST OVER THE LAST FEW YEARS OR IS THIS ALL RECENT? NO, ALL THIS IS RECENT. UH, I WAS, UH, I GOT MY LICENSE FOR REAL ESTATE, YOU KNOW, THREE YEARS, FOUR YEARS AGO. AND THEN IT WASN'T DOING WELL 'CAUSE OF THE MARKET. SO I STARTED DOING THAT. AND THEN, SO WHERE I'M GOING WITH THE QUESTION IS MM-HMM . HOW COME, WHY DID YOU OPEN THIS UP WITHOUT A PERMIT? THE ISSUE WAS THAT I WAS, UH, PRETTY MUCH, UH, GETTING EVERYTHING READY TO INSIDE THE PROPERTY. AND THEN BY THE TIME I, THE GUEST CAME IN AND, YOU KNOW, YOU GUYS, I GUESS THE PEOPLE FROM THE CITY DROVE BY AND THEY KNOW THEY NOTICED IT BECAUSE I DIDN'T, UH, KNOW THAT I WAS GONNA GET PUT MY PERMITS. BUT, YOU KNOW, TO BE HONEST, I GUESS IT WAS MY MISTAKE NOT TO PUT IT RIGHT AWAY OR BEFORE. OKAY. BUT, UM, DEFINITELY, UH, THAT'S PRETTY MUCH, YOU KNOW. OKAY. IS THERE ANY OTHER QUESTIONS FROM THE COMMISSION? OH, ZUNA COMMISSIONER ZUNA. UH, GIVEN THAT HE HAS BEEN OPERATING WITH THE SHORT, WITH THE SHORT TRUCK WITHOUT A PERMIT, UH, IS THERE AN ABILITY TO KIND OF GET THE HOT TAX, THE TAXES THAT ARE DUE, THAT HE HADN'T BEEN REMITTING, I IMAGINE, UH, FOR THAT TIME HE WAS RENTING. AND IS, IS HE CURRENT ON ALL HIS OTHER SHORT-TERM RENTAL PROPERTIES WITH TAXES AND THE HOT TAXES? UH, MR. CHAIR, CHAIR ANSWER YOUR SECOND QUESTION. ALL HIS OTHER PROPERTIES ARE CURRENT ON THEIR HOT TAXES. UM, IF THIS APPLICATION IS APPROVED FOR SHORT-TERM PER SSTR PERMIT, HE CAN REPORT BACK TAXES, UM, AS LONG SINCE [00:25:01] HE'S BEEN LISTING FOR THE PROPERTY TILL NOW. DEFINITELY I'D BE MORE THAN WELCOME TO REPORT ANYTHING THAT YOU GUYS OKAY. YOU KNOW, WANT ME TO THANK YOU. UM, I UNDERSTAND WE HAVE A VOICEMAIL. WANT VOICEMAIL? OKAY, LET'S HEAR IT. HELLO, MY NAME IS LULU FRANCOIS, CHAIRWOMAN OF THE DIGNITY HILL HISTORIC NEIGHBORHOOD REVIEW COMMITTEE, AND I'M CALLING IN TO COMMENT ON CASE 1 0 3 0 0 2 4 7. THIS IS YET ANOTHER BOARD OF ADJUSTMENT MEETING IN WHICH WE HAVE YET ANOTHER INVESTMENT COMPANY REQUESTING A SPECIAL EXCEPTION TO ALLOW AN ADDITIONAL TYPE TWO SHORT-TERM RENTAL PROPERTY THAT DOES NOT MEET CITY OF SAN ANTONIO. SHORT-TERM RENTAL GUIDELINES, GUIDELINES OF THE CITY AND NEIGHBORHOOD RESIDENTS FROM THROUGHOUT SAN ANTONIO SPENT MONTHS CREATING AND THEN SEEING IT BECOME IMPLEMENTED AS A CITY PROGRAM. AS STATED IN STAFF'S COMMENT, THERE IS AN EXISTING TYPE TWO STR ON THE REQUESTED BLOCK FACE, AND IF THIS SPECIAL EXCEPTION IS APPROVED, IT WILL CREATE 25% DENSITY OF THE CURRENT UNIT AS STATED IN THE LAST BOA MEETING. DIGNITY HILL IS A VIBRANT NEIGHBORHOOD WITH RESIDENTS WHO WANT TO CONTINUE TO LIVE HERE AND CONTRIBUTE TO AND HONOR THE HISTORICAL HOUSES THAT HAVE BEEN HERE SINCE THE LATE 18 HUNDREDS. WE DON'T WANT IT TO BECOME A HIVE OF TYPE TWO STR INVESTMENT PROPERTIES SIMPLY BECAUSE WE ARE LOCATED EAST OF DOWNTOWN. THIS IS WHY WE SUPPORT STAFF'S RECOMMENDATIONS TO DENY THE SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT ON THIS BLOCK BASE. AND WE ASK THAT YOU HELP SUPPORT OUR NEVER ENDING STRUGGLE TO KEEP THE TYPE TWO SHORT-TERM RENTALS FROM OVERTAKING OUR NEIGHBORHOOD. THANK YOU. IS THERE ANYONE SIGNED UP IN PERSON TO SPEAK? THAT'S ALL THE PUBLIC COMMENTS. OKAY. ARE THERE ANY ADDITIONAL COMMISSIONER QUESTIONS? HEARING NONE, UM, WELL, WE'LL SEE HOW THIS TURNS OUT. I'M LOOKING FOR A MOTION MANNA COMMISSIONER MANNA REGARDING CASE NUMBER BO OA 2 4 1 0 3 0 0 2 4 7. I'M MOVED THAT THE BOARD ADJUSTMENT GRANT A SPECIAL EXCEPTION TO ALLOW FOR A ONE TYPE TWO SHORT-TERM RENTAL UNIT SITUATED AT 3 3 1 BURLESON STREET, APPLICANT BEING ANTHONY KANDIA. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY. THE BOARD FINDS A REQUEST TO OPERATE AN ADDITIONAL SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY AND WELFARE. THERE IS NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY. B, THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE. THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE A PUBLIC NUISANCE WOULD BE CREATED IF AN ADDITIONAL SHORT TERM RENTAL PERMIT WAS APPROVED. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY MULTIFAMILY STRUCTURES. THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WILL SUBSTANTIALLY INJURE NEIGHBORING PROPERTIES AS A TYPE TWO SHORT-TERM RENTAL. UH, D ADEQUATE UTILITIES, ACCESS, ROADS, STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACILITIES HAVE BEEN OR ARE BEING PROVIDED. THE SUBJECT PROPERTY PROVIDES OFF STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE. E THE APPLICANT OR OWNER OF THE SPECIAL EXCEPTION DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES. CONFIRMED CITATIONS OR ADJUDICATED OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 22, UH, THE CITY CODE WITHIN ONE YEAR TO THE DATE. UH, PRIOR TO THE DATE OF THE APPLICATION, THE APPLICANT OR OWNER DOES NOT HAVE PREVIOUSLY REVOKED LICENSES, CONFIRMED CITATIONS OR ADJUDICATED OFFENSES OR CONVICTIONS FOR THIS SUBJECT PROPERTY OR, UH, AS THEY ONLY RECEIVED A NOTICE OF VIOLATION FOR OPERATING WITHOUT A PERMIT AND SUBMITTED AN STR APPLICATION SHORTLY AFTERWARD. F THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION, WHICH IS PROPERTY FOR WHICH A SPECIAL EXCEPTION IS SOUGHT. THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO OTHER RESIDENTIAL PROPERTIES, UH, WITH THE PROPERTY OWNER PROVIDING ALL STREET PARKING AND MAINTAINING IT FROM NEIGHBORING PROPERTIES. THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE CENTRAL CHARACTER OF THE DISTRICT AND LOCATIONS IN WHICH THE PROPERTY, UH, IS SEEKING THE SPECIAL EXCEPTION. END OF MOTION. IS THERE A SECOND? SECOND, SECOND BY COMMISSIONER BENAVIDEZ. COMMISSIONER MAN. SO, UM, I WILL NOT BE SUPPORTING THIS MOTION AS READ, UM, FOR A COUPLE REASONS. ONE IS THAT, UM, YOU KNOW, I I I OFFER A LOT OF STRONG SUPPORT FOR NEIGHBORHOOD ASSOCIATIONS. AND SO WHEN IT IS THAT, UH, THEY'RE IN OPPOSITION, YOU KNOW, I'D BE HARD PRESSED TO, UH, COUNTER THEM, YOU KNOW, WITH, WITH THEIR KNOWLEDGE OF THEIR COMMUNITIES. UM, ALSO, YOU KNOW, JUST, JUST BEING A REALTOR AND, AND DOING ALL, ALL THIS AHEAD OF THE FACT, YOU KNOW, AND KIND OF DOING IT WITHOUT IT, YOU KNOW, THAT'S, THAT JUST SEEMS PROBLEMATIC FROM MY PERSPECTIVE. SO I WILL NOT BE SUPPORTING THIS MOTION. ALL RIGHT, COMMISSIONER BEES, I AGREE WITH MY COLLEAGUE AND I'D LIKE TO ADD ALSO, UM, THIS APPLICANT HAS OTHER, [00:30:01] UM, STR PROPERTIES. HE KNOWS THE RULES. HE KNOWS THAT THE, HE HAS TO RECEIVE A PERMIT IN ORDER TO, TO RUN, UH, SHORT, SHORT-TERM RENTAL. UM, BUT KNOWING ALL OF THAT, HE WENT AHEAD AND, AND, UM, AND LISTED THIS PROPERTY AND, AND, AND HAS BEEN, UM, IN VIOLATION FOR A WHILE. SO FOR THE, FOR THOSE REASONS, I CANNOT, UM, SUPPORT THIS MOTION. ALL RIGHT. ANYONE ELSE LIKE TO ADD? DEAN? COMMISSIONER DEAN? YEAH, I AGREE. THIS PROPERTY IS OUTTA CONTROL AND, UH, THE RULES WERE THERE AND SHOULD, AS REAL ESTATE AGENT SHOULD HAVE KNOWN THAT, AND I CANNOT SUPPORT THIS. ALL RIGHT, COMMISSIONER UNIT, I WAS JUST GONNA ADD THAT THERE ARE OPTIONS FOR YOU OTHER THAN THE DAILY SHORT-TERM RENTAL THAT YOU CAN, YOU CAN RENT IT FOR 30 DAYS, RIGHT? AND STILL NOT NEED TO REGISTER SHORT-TERM RENTAL. SO THAT MAY BE AN OPTION FOR YOU IF YOU CAN'T RENT LIKE A LONG TERM. I KNOW LIKE VISITING NURSES AND THOSE TYPE OF TENANTS DO LOOK FOR 30 DAY TYPE, UH, SHORT TERM. SO THERE ARE OPTIONS FOR YOU JUST MAY NOT BE THE PATH FOR SHORTTERM RENTAL RIGHT NOW. SO YEAH, THAT'S WHAT I WANTED TO ASK AS WELL. 'CAUSE I CONTACTED EVERY AIRBNB. OKAY, SIR, IT'S, YEAH, WE'RE PAST THAT RIGHT NOW, SO, MM-HMM . LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER BENA, I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES. I DO NOT CONCUR. COMMISSIONER BARRINGTON? NO, I DO NOT. CONCUR. COMMISSIONER STEVENS? NO, I DO NOT. CONCUR. COMMISSIONER IBANEZ? I DO NOT CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER CRUZ? I DO NOT CONCUR. COMMISSIONER OZUNA? I DO NOT CON CONCUR. COMMISSIONER EZ? NO, I DO NOT. COMMISSIONER KAPLAN? I DO NOT CHAIR ORIAN AND I ALSO DO NOT CONCUR. MOTION FAILS. ZERO TO 11 IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. THANK YOU. UH, ITEM THREE. UH, IT IS ONE 30. COMMISSIONER BARTON IS RECUSING FOR ITEM NUMBER THREE. THANK YOU. WE'RE DOWN TO 10. WE ARE DOWN TO 10. UH, DO WE HAVE, UH, AN ALTERNATE? I I HEARD THAT UH, COMMISSIONER RAHI POSSIBLY WAS AVAILABLE. UH, HE'S NOT ONLINE RIGHT NOW. ALRIGHT, JUST WANTED TO CHECK. OKAY, ITEM NUMBER THREE IS BO OA DASH 24 DASH 0 3 0 2 2 8. ADDRESS IS 28 0 6 HOPETON ROAD COUNCIL. DISTRICT ONE APPLICANT IS CAAR PUENTE. UH, A REQUEST FOR A THREE FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A DETACHED ACCESSORY STRUCTURE TO BE ONE FOOT SIX INCHES FROM THE SIDE PROPERTY LINE ZONING IS R FIVE. SUBJECT PROPERTY IS LOCATED NORTHWEST OF INTERSTATE FOUR 10 EAST OF CALLAHAN ROAD, WEST OF VANCE JACKSON ROAD, APPROXIMATELY AT 85 FEET FROM THE INTERSECTION OF HOPETON AND TIFFANY DRIVE. ON JUNE 17TH, 2024, CODE ENFORCEMENT RESPONDED TO A CITIZEN CALL CONCERNING COMMERCIAL AUTOMOTIVE SERVICES BEING CONDUCTED ON A RESIDENTIAL PROPERTY. DURING INVESTIGATION, CODE ENFORCEMENT NOTICED AN ACCESSORY STRUCTURE ON THE PROPERTY THAT HAD BEEN CONSTRUCTED WITHOUT OBTAINING PERMITS. THE APPLICANT BEING THE PROPERTY OWNER IS REQUESTING A THREE FOOT SIX INCH VARIANCE TO ALLOW AN ACCESSORY STRUCTURE TO MAIN ONE FOOT SIX INCH FROM THE SIDE PROPERTY LINE. APPLICANT IS AWARE THAT NO COMMERCIAL VEHICLE SERVICES ARE PERMITTED ON A RESIDENTIAL PROPERTY AND ANY HOME OCCUPATION USES MUST FOLLOW. SECTION 35 DASH 37 8 OF THE UNITED OR THE UNITED DEVELOPMENT CODE. PERMITS ARE PENDING OR UNIFIED DEVELOPMENT CODE PERMITS ARE PENDING THE OUTCOME OF THE BOARD OF ADJUSTMENT. THIS IS A SITE PLAN SUBJECT PROPERTY. THIS IS A HISTORICAL VIEW OF THE SUBJECT PROPERTY VIEW OF THE ACCESSORY STRUCTURE. STAFF RECOMMENDATION FOR THE SIDE SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO OA DASH 24 DASH 0 3 0 2 2 8 [00:35:01] BASED ON THE FOLLOWING FINDINGS OF FACT. ONE, THE DISTANCE IS NOT SUITABLE AND IS IMPOSING IMPOSES ON THE PUBLIC INTEREST OF THE ADJACENT NEIGHBOR BY BEING TOO CLOSE TO THE SHARED PROPERTY LINE. AND TWO LIMITS ACCESS TO GENERAL UPKEEP OF THE STRUCTURE AND WILL CREATE WATER RUNOFF ON NEIGHBORING LOT STAFF MELT 18 NOTICES ZERO IN FAVOR, THREE IN OPPOSITION. NO RESPONSE FROM COLONIAL HILLS, UH, AND NO RESPONSE FROM THE SAN ANTONIO, TEXAS DISTRICT ONE RESIDENCE. THIS IS AN OPPOSITION. THIS CONCLUDES STAFF'S PRESENTATION. APPLICANT IS AVAILABLE FOR QUESTIONS. ALL RIGHT, THANK YOU VERY MUCH. HAVE THE APPLICANT COME FORWARD. ALL RIGHT. IF YOU COULD STATE YOUR NAME, TELL US ABOUT YOUR GARAGE. DID, UH, JOHN HAND? YES. OKAY. UH, MY NAME IS CAESAR. UH, THANK Y'ALL FOR YOUR TIME. UH, JUST PLEASE EXCUSE ME, THIS IS COMPLETELY OUTTA MY ELEMENT. UM, BUT I DID, UH, DID A LITTLE SLIDESHOW SO YOU GUYS CAN KIND OF FOLLOW ALONG WITH EVERYTHING. OBVIOUSLY MY, UH, MY DECISION WAS MADE OUT OF IGNORANCE. OUT OF IGNORANCE. UM, UM, I WASN'T THINKING THAT THERE NEEDED A PERMIT, GIVEN THAT I ALREADY HAD A BUILDING BEFORE IT WAS A BIT SMALLER. UM, I'M AN ARMY VETERAN, DISABLED ARMY VETERAN. AND THE, UH, I WAS DIAGNOSED WITH PTSD AND ANXIETY ON MAY 23RD, AND THE BUILDING WAS BILLED ON MAY 27TH. IT WAS AN IMPULSIVE DECISION THAT I MADE, UH, FOR MY HEALTH. UM, NOT NECESSARILY THINKING OF ANYTHING AS FAR AS PERMITS OR ANYTHING LIKE THAT BECAUSE I ALREADY HAD A BUILDING IN PLACE. UM, THE SECOND PAGE ON THE, ON THE, ON THE PAMPHLET THAT I GAVE YOU, I JUST SHOWS THE BEFORE AND AFTER. I'M EXTREMELY, UH, PROUDFUL OF CURB APPEAL OF MY HOME. I LIKE THE WAY MY HOME LOOKS. UH, I KNOW THERE HAVE SOME NEIGHBORS THAT ARE CONCERNED ABOUT, UH, ME DOING AUTOMOTIVE WORK IN MY HOUSE. UM, AND THEY'RE DOING IT BECAUSE THERE IS ANOTHER NEIGHBOR THAT CONSTANTLY HAS ABOUT EIGHT CARS OR SO IN THE FRONT OF HIS HOUSE. UM, THAT'S NOT THE CASE IN MY SITUATION. I DON'T DO AUTOMOTIVE REPAIR, UH, FOR PROFIT AND I WILL GET TO THAT IN A SECOND. UH, I DO, UH, PRIDE MYSELF IN JUST BUILDING STUFF. I'M A VERY DIY GUY. IF YOU GO TO THE THIRD PAGE, YOU CAN SEE THE BEFORE AND AFTER OF THE INTERNAL HOUSE, UH, EVERYTHING THAT YOU SEE IN THERE. I'VE DONE MYSELF, UH, THE WALLS, THE FLOORS, THE TILE, EVERYTHING. UM, IF THERE'S SOMETHING THAT NEEDS TO BE DONE, I USUALLY TEND TO BUY THE TOOL FOR IT. AND THEN I NEED SPACE TO STORE THE TOOL, UH, INSTEAD OF PAYING SOMEBODY. 'CAUSE I CAN'T AFFORD TO PAY SOMEBODY, SO I USUALLY BUY THE TOOLS. UM, ON THE THIRD PAGE, UM, YOU'LL SEE THE GARAGE THAT WAS THERE PREVIOUSLY. THAT USED TO BE MY WOODWORKING SHOP. SO I DO A LOT OF CRAFT WORK. UM, I LOVE WORKING WITH WOOD. AND THEN I LOVE WORKING ON CARS. UM, AND THAT USED TO BE THE BUILDING THAT WAS THERE PRIOR. UM, AND THAT'S WHY I DID NOT THINK THAT I NEEDED A PERMIT FOR A NEW BUILDING. UM, AND THAT WAS JUST OUT OF IGNORANCE ON MY PART. SO I TAKE FULL RESPONSIBILITY FOR THAT ON THIS, ON THE NEXT PAGE. UM, THAT IS MY ACTUAL AUTO ATTACHED GARAGE THAT'S ON THE HOUSE. UH, THAT USED TO BE WHERE I USED TO WORK ON CARS. UH, I DO HAVE A HOBBY VEHICLE THAT I SERVICE. YOU CAN SEE IT THERE AND THERE'LL BE ANOTHER PICTURE LATER. UM, I DO, IT'S, IT'S THERAPY FOR ME, FOR ME TO WORK ON CARS. I HAVE A LOT OF FRIENDS, I HAVE A LOT OF FAMILY, SO EVERYBODY ALWAYS NEEDS SOMETHING. AND, AND IT'S A SKILL THAT I HAVE AND I USE TO, TO SERVE OTHERS. UM, ON THE NEXT FOLLOWING PAGE, THAT ONE YOU'LL ACTUALLY SEE THE ONE THAT I BUILT, WHICH IS THE NEW ONE. UM, WHAT I WENT AHEAD AND DID AFTER I GOT CITED WITH THE PERMIT WAS KIND OF TRY TO EDUCATE MYSELF ON A COUPLE OF THINGS THAT WERE CONCERNS ON WHY THAT, UH, VARIANCE HAS TO BE THERE. UH, ONE OF 'EM WAS A FIRE CODE. UH, I HAVE MY FATHER-IN-LAW THAT HE IS, UH, WELL MY COME SOON TO BE FATHER-IN-LAW THAT HE'S A FIREFIGHTER. AND HE EXPLAINED TO ME THE PURPOSE OF THE FIVE FOOT. UM, THE BUILDING IS A METAL STRUCTURE, SO IT'S NOT WOOD. UH, SO IT'S NOT AS PRONE TO FIRE OR ANYTHING LIKE THAT AS A WOOD ONE WOULD BE, UH, I WENT AHEAD AND I ADDED, UH, A COUPLE OF SMOKE DETECTORS ON THE INSIDE AS WELL TO JUST FOR PREVENTIVE MAINTENANCE. I WENT AHEAD AND ADDED TWO, UH, DIFFERENT FIRE EXTINGUISHERS AT DIFFERENT EXITS, UH, JUST IN CASE OF ANY KIND OF FIRE. UM, AND THERE YOU'LL SEE THAT HALF OF THE, OF THE BUILDING, WELL, HALF OF THE BUILDING IS FOR WOODWORKING. HALF OF THE BUILDING IS FOR, FOR ME TO WORK ON MY VEHICLES. AND THEN, UH, YOU ALSO HAVE AN AREA WHERE I USE FOR STORAGE. UM, MY [00:40:01] SOON TO BE WIFE LIKES TO DECORATE THE FRONT OF THE HOUSE A LOT, SO I HAVE TO HAVE PLACE TO STORE ALL THAT STUFF. UM, ON THE NEXT PAGE YOU'LL SEE THE NEIGHBOR, WHICH I'M NOT NECESSARILY PUTTING ANY INFORMATION ON THERE, BUT THAT IS A NEIGHBOR THAT DEFINITELY WORKS ON VEHICLES FOR A PROFIT. UH, HE HAS ABOUT NINE VEHICLES IN THE FRONT. I DON'T DO ANY OF THAT. UH, YOU'LL NEVER SEE MY HOUSE LIKE THAT. THE FOLLOWING PAGE, I WENT DOWN JUST MY ALLEY AND I NOTICED A LOT OF STRUCTURES THAT WERE NOT FIVE FEET AWAY FROM THE PROPERTY LINES. AND SO I JUST THOUGHT TO MYSELF LIKE, OKAY, LIKE MAYBE I, MAYBE I CAN GET A VARIANCE TOO, OR I DON'T KNOW IF THEY GOT VARIANCES OR NOT. AGAIN, I DON'T WANNA PUT ANY ADDRESSES OR ANYTHING BECAUSE I'M NOT HERE FOR ANY OF THAT. UH, I'M JUST HERE TO EXPLAIN MY SITUATION. UM, UH, THE FOLLOWING PAGE, YOU'LL ALSO SEE, UH, THERE'S A NOISE, UH, ORDINANCE THAT I DID MYSELF. I TEXT, I TESTED THE DVS INSIDE OF THE BUILDING, OUTSIDE OF THE BUILDING, 10 FEET, 20 FEET AWAY FROM THE BUILDING. UH, THE FURTHEST BUILDING AWAY FROM THAT BUILDING IS 40 FEET AWAY. SO TECHNICALLY ANY SOUND THAT WOULD BE MADE FROM THAT BUILDING WOULD PRETTY MUCH, PRETTY MUCH BE OBSOLETE. UM, AND YOU CAN LOOK IN THERE AND, AND, AND IF YOU HAVE ANY QUESTIONS, YOU CAN ASK ME ON WHAT THOSE MEAN. UH, BUT I PUT, UM, SOME INFORMATION ON ALL OF THOSE. UH, I SPEND MOST OF MY TIME DOING A LOT OF VOLUNTEER WORK. THE NEXT PAGE SHOWS, UH, MY VEHICLE, WHICH IS MY HOBBY. AND THEN I'M A FULL-TIME COACH, VOLUNTEER COACH. I HAVE, I GET NO STIPENDS OR ANYTHING FOR THAT. AND THESE ARE MY VOLLEYBALL GIRLS, UH, THAT I, UH, COACH, UH, DURING VOLLEYBALL SEASON. AND I DO IT ALL FOR FREE. IT'S AT THE CHRISTIAN SCHOOL ACADEMY. UH, THE PICTURE ON THE, ALL THE WAY UP TO THE RIGHT, IT'S BUILDING REBOUND BOARDS FOR THEM SO THEY CAN HAVE, BECAUSE THE SCHOOL DOESN'T NECESSARILY HAVE A LOT OF, UH, FUNDS TO BE FUNDING EVERY SPORT. AND SO I BUILD THOSE THINGS AND MANY OTHER THINGS FOR THEM, FOR THEM TO BE ABLE TO PRACTICE CORRECTLY. NOW, THE NEXT ONE YOU'LL SEE IT'S A, UH, A LETTER FROM MECHANICS ON MISSION. THIS IS AN ORGANIZATION, NONPROFIT ORGANIZATION THAT I HAVE TAKEN IN CARS, PROBABLY FOUR OF THEM TO BE EXACT. AND I HAVE SERVICED THEIR VEHICLES AT THAT. MY UTILITY GARAGE. UH, THIS IS AT NO PROFIT AT ALL. THIS IS JUST MY WAY OF GIVING BACK. UH, THESE VEHICLES ARE DONATED TO THEM. THEN THEY HAVE A GROUP OF PEOPLE THAT WORK ON THEM, AND THEN THEY DONATE 'EM TO EITHER VETERANS OR SINGLE MOTHERS, UH, IN NEED OF VEHICLES. AND THEN, UH, THE FOLLOWING, UH, PAGES ARE JUST LITERALLY STUFF IN MY HOUSE, WHICH I'VE DONE ALL OF THAT THAT YOU SEE IN THERE. IT'S JUST EVERYTHING THAT I DO. I'VE JUST, TO DIYI LIKE TO WORK ON THINGS. UH, MY KIDDOS IN THE BACK ARE MY LITTLE ONE, ESPECIALLY LIKES TO WORK ON, ON WOOD STUFF AS WELL WITH ME. UM, AND THEN AT THE VERY END, YOU JUST SEE A FLAG THAT I BUILT AND THEN ALSO A, A, A RAMP THAT I BUILT FOR MY SOON TO BE WIFE, MOTHER BECAUSE SHE HAD A HIP REPLACEMENT. AND, UM, AND THAT'S PRETTY MUCH IT. SO, UM, I DON'T, I'M NOT ASKING FOR, UM, A SLAP IN THE WRIST. UH, IF THERE'S A FINE, IF THERE'S, UH, ANYTHING THAT I NEED TO DO TO THE BUILDING TO MAKE IT MORE PLEASABLE, I WILL GLADLY DO IT. UM, I DID EDUCATE MYSELF ON THE RUNOFF ALREADY, AND THE BUILDING ALREADY HAS GUTTERS AND I PUT THAT, UH, ON SATURDAY. UM, SO LET, LET ME, UH, LET'S, LET'S GET TO THIS, UH, OUT OF THE WAY REAL QUICK. SO YOU'RE, THE CURRENT STRUCTURE IS GUTTERS ON, ON THE TWO SIDES? YES, SIR. AND SO ARE, ARE YOU AMENDING YOUR APPLICATION FOR A, FOR SOMETHING WITH GUTTERS? I'M NOT SURE WHAT THAT MEANS FOR A ROOF WITH GUTTERS. ARE YOU SAYING YOUR APPLICATION IS, IS TO INCLUDE GUTTERS? IT'S A VERBAL, YES. YES. IT'S VERBAL, YES. OKAY. 'CAUSE WE CAN'T PUT CONDITIONS, BUT YOU KNOW, WHAT'S BEFORE US TODAY IS A STRUCTURE WITHOUT GUTTERS. I JUST WANTED TO YES. ENSURE THAT YOU'RE, AND I HAVE A PHOTO ON MY PHONE IF YOU WOULD LIKE TO SEE IT, BUT IT LITERALLY JUST, IT GOT PUT ON SATURDAY, SO. AND IS THAT GONNA BE AN ISSUE WITH IT BEING LESS THAN 18 INCHES FROM THE SIDE IF HE ADDED GOERS? NO, SIR. ALRIGHT. UH, AND THEN, UM, LASTLY, YOU MENTIONED THAT YOU HAD AN EXISTING, UH, STORAGE SHED OR GARAGE IN THE BACK. UH, YES SIR. HOW MUCH BIGGER IS THIS ONE? AND IT'S A LOT BIGGER IS WHAT I, WHAT I TECHNICALLY DID IS INSTEAD OF WORKING ON CARS ON MY PERSONAL GARAGE AND THEN WORKING ON WOOD OVER HERE, I PUT THEM BOTH TOGETHER. AND SO THE OTHER ONE WAS ABOUT MAYBE 500 SQUARE FEET. AND THEN THIS ONE'S MUCH BIGGER. IT'S 27 BY 37. WAS, WAS YOUR PREVIOUS, UH, GARAGE LOCATED CLOSER OR FURTHER AWAY FROM THE SIDE PROPERTY LINE IN QUESTION? UM, IT WAS PROBABLY A LITTLE FURTHER AWAY. IT WAS, WAS IT LESS THAN FIVE FEET? I'M NOT AWARE. I DON'T KNOW. I WOULD BE JUST GUESSTIMATING. ALL RIGHT. I WAS JUST CURIOUS. UH, ANY OTHER COMMISSIONER QUESTIONS? UH, FIRST QUESTION. OH, ZINA, COMMISSIONER ZINA, THE FIRST QUESTIONS FOR STAFF IS HOW WAS THIS CASE ORIGINATED? UH, THIS WAS A CODE COMPLIANCE, UH, INVESTIGATION. OKAY. AND SECOND. SO, UH, I SEE IT'S YOUR NEIGHBORS ARE IN OPPOSITION. DID YOU HAVE A CHANCE TO TALK WITH THE NEIGHBORS ABOUT THE STRUCTURE? SO I WAS HERE BEFORE AND I WAS ENCOURAGED BY MR. OR, OR, OR, UH, AND I DID, I WENT FROM HOUSE TO HOUSE, UH, TALKING TO [00:45:01] PEOPLE. I HAVE A NEIGHBOR WITH ME HERE TOO. UM, HE'S, UM, AND I DID GET A LOT OF, I GOT A COUPLE OF SIGNATURES FROM PEOPLE. UM, AND MY, THE MAIN CONCERN THAT I GOT FROM THE ONES THAT WERE CONCERNED ABOUT THE BUILDING, INCLUDING MY NEIGHBOR TO THE SIDE, WHICH IS THOSE TWO EXES THERE, WHICH HE WAS SUPPOSED TO BE HERE TODAY. TODAY, AND I DON'T KNOW WHERE HE'S AT, BUT, UM, HE TOLD ME THAT HE WAS AFRAID THAT THE BUILDING WOULD EVENTUALLY BECOME A COMMERCIAL AUTOMOTIVE BUILDING BECAUSE I WENT AND TALKED TO HIM. UM, AND THEN AFTER THAT, I THINK, I DON'T KNOW, I THINK HE GOT OFFENDED BECAUSE I SPOKE TO HIM AND I TOLD HIM THAT WASN'T THE CASE AND IT KIND OF BROKE UP THAT RELATIONSHIP. SO HE TOLD ME HE WOULD BE HERE TODAY. HE'S NOT HERE TODAY. SO I DON'T KNOW IF HE HAD A CHANGE OF HEART OR I DON'T, I DON'T KNOW WHAT'S HAPPENING. STAFF. WHY ARE THERE TWO EXES ON THAT PIECE OF LAND? IT'S THE MOTHER AND THE, IT IS THE HUSBAND AND THE WIFE. I'M SORRY, IS IT TWO SEPARATE RESIDENTS? THERE WAS TWO PEOPLE THAT SIGNED ON THE, OKAY. IS THAT TYPICAL? YEAH, WE DON'T SEE THAT TOO OFTEN, SO IT WAS JUST WANTED TO ASK. ALRIGHT. UH, AND YES, COMMISSIONER KAPLAN. OKAY, HERE IT SAYS HERE THERE'S MICHAEL. AND IS THAT THE COUPLE? THAT'S THE DOUBLE X? YES, MA'AM. OKAY. SO IT SAYS HERE ON THEIR LETTER THAT THEY'D SEEN YOU ADVERTISE, UM, AS A SHOP ON FACEBOOK REQUESTING IT WAS CONSTRUCTED AS AN AUTO REPAIR SHOP. THE OWNER ACTIVELY ADVERTISED HIS BUSINESS ON FACEBOOK. WHAT WAS THAT ABOUT? SO I'M NOT NECESSARILY NOT HERE TO TALK. I CAN'T NECESSARILY SAY EXACTLY WHAT THEY'RE TALKING ABOUT. HOWEVER, I DO TAKE PRIDE IN EVERYTHING THAT I DO. SO I POST EVERYTHING ON FACEBOOK. I AM A BUSINESS OWNER OF A BRAKE COMPANY. I DO DO BRAKE SERVICES. IT'S A COMPLETE MOBILE BUSINESS. AND IF YOU LOOK IN THE PICTURE THERE, YOU'LL SEE A LOT OF BOXES ON THE LEFT. THOSE ARE ALL ROTOR BOXES. MY SON TAKES CARE OF ALL OF THAT. HE GETS PAID. UH, BUT I DO HAVE A MOBILE BUSINESS THAT WE GO OUT TO PEOPLE'S HOMES, WE SERVICE THE BRAKES AT THEIR HOME. THERE'S NO BUSINESS HAPPENING HERE. I DON'T HAVE TIME FOR IT, AND I DON'T WANT IT BECAUSE AGAIN, I'M, I DON'T WANT CARS IN MY HOME OR STRANGERS AND THINGS LIKE THAT. SO BASICALLY THEY MISUNDERSTOOD WHAT YOU WERE ADVERTISING, I WOULD ASSUME. I DON'T KNOW. OKAY. THANK YOU. I WOULD ASSUME COMMISSIONER MANNA, UM, QUESTION FOR CITY STAFF. SO, UH, WITH REGARDS TO, UH, THE APPLICANT HERE TALKED ABOUT, UM, BASICALLY ACQUIRING OR OR PROVIDING ANY SERVICE OUT OF THEIR, UH, OUT OF THIS RESIDENTIAL PROPERTY THAT IS, UH, NOT-FOR-PROFIT. DOES THAT, UM, IS, IS, DOES THAT CHANGE ANY OF THE DIALOGUE WITH REGARDS TO A BUSINESS BEING RUN ON A PROFIT, WHETHER IT'S FOR PROFIT OR NOT PROFIT? UH, HE IS STATING THAT THIS IS A HOBBY. SO, UM, IT'S NOT A HOME OCCUPATION, OBVIOUSLY, IF IT ANY OF IT IS FOR PROFIT OR FOR BUSINESS OR RELATED TO HIS BUSINESS OR ANYTHING LIKE THAT, UM, HE'S GONNA HAVE AN ISSUE WITH CO COMPLIANCE. UM, BUT HE'S HERE STATING THAT IT'S FOR A HOBBY. SO, SO WHAT'S THE DEFINITION, I GUESS, BETWEEN A HOBBY? SO DOES A NON-PROFIT, A NOT-FOR-PROFIT AUTOMATICALLY BECOME A HOBBY THEN? SO JUST TRYING TO UNDERSTAND THAT DISTINCTION. SO IF HE'S MAKING ANY MONEY OFF OF IT, IF HE'S GOT ANY KIND OF BENEFITS, UM, I DON'T WANNA DIVE TOO MUCH INTO IT, BUT IF HE'S RECEIVING SOME KIND OF TAX BENEFITS OR ANY KIND OF, UM, UM, INCENTIVES, UM, DOESN'T HAVE TO BE, UM, FUNDS CASH TO INTERJECT IT. I ALWAYS THOUGHT THAT IT MEANT IF YOU HAD EMPLOYEES OR NOT. NO, THAT'S ONE OF THE RULES THAT YOU CAN'T HAVE EMPLOYEES IF YOU DO A HOME OCCUPATION, THERE'S OTHER RULES ON THERE. OKAY. BUT A HOME OCCUPATION IS IF THE FOR-PROFIT. OKAY. ALL RIGHT. ANY OTHER QUESTIONS ALL HERE? NONE. I UNDERSTAND THAT THERE IS, UH, YEAH, A VOICEMAIL. IS THERE ONE SPEAKER YOU ASKED ME TO ALSO, ONE MORE TALK TO MY NEIGHBOR. SO I DID. SO, UM, SO YOU HAD SOME LETTERS. COULD, COULD YOU POST THOSE OR, OR YOUR NOTES THERE? SO YEAH, SO I HAD ACTUALLY THE, WELL, I DON'T THINK IT WAS X ON THERE, BUT SHE ACTUALLY DID SAY SHE SENT IN A PAPER THAT SAID WAS AN X. UM, AND I, AFTER I SPOKE TO HER AND I JUST TALKED TO HER A LITTLE MORE IN DEPTH OF WHAT EVERYTHING WAS, SHE GAVE ME A NOTE AND SHE SAID SHE WOULD SIGN IT IN IN FAVOR, BUT SHE DIDN'T WANT ANYBODY TO KNOW. BUT GIVEN THAT MY NEIGHBORS ARE NOT HERE, UM, I DON'T MIND PUTTING IT OUT THERE. AND THEN ALSO, MR. BRITON, HE'S MY NEIGHBOR. OKAY. AND SO, ALRIGHT, SO WHAT WE'RE GONNA DO IS WE HAVE EIGHT VOICEMAILS. WE'RE GOING TO HEAR THOSE AND, AND WE ALSO WILL HEAR FROM SOMEONE WHO SIGNED UP TO SPEAK. YES, THIS IS EJ . UH, I'M CALLING FOR, UH, MY NEIGHBOR CAESAR FUENTES, UH, CASE NUMBER B LIKE [00:50:01] BOY, O LIKE, UH, OA LIKE APPLE DASH 24 DASH 1 0 3 0 0 2 8. HIS ADDRESS IS 28 0 6 HOPETON DRIVE MY ADDRESS 3 0 0 2 8. HIS ADDRESS IS 28 0 6 HOPETON DRIVE. MY ADDRESS IS 27 22 HOPETON DRIVE. MR. FUENTES IS A GREAT NEIGHBOR. HE, I DON'T HAVE, UH, ISSUES OR PROBLEMS WITH HIS HOBBY SHOP IN THE BACKYARD. UH, HE HAS WHOOP TOOLS, SEVERAL TOOLS, AND HE ALWAYS HELPS ME WITH MY WOOD PROJECTS. HE NEVER CHARGES ME. I HAVE NO PROBLEMS WITH HIS BUILDING. HIS HOP SHOP, HE'S A GREAT NEIGHBOR. HE'S ALWAYS WILLING TO HELP PEOPLE ANYWHERE HE CAN. HE'S THE BEST NEIGHBOR IN THE NEIGHBORHOOD. UH, AGAIN, MY NAME IS, UH, EJ WAGO. MY WIFE IS CHRISTINE WAGO. UH, NO PROBLEMS WITH CESAR. THANK YOU VERY MUCH. HI, MY NAME IS JOY KERNER. I'M CALLING FOR MY PARENTS BARBARA AND CHARLES CHALIS. MY PHONE NUMBER IS (210) 347-3706. I'M CALLING IN REFERENCE TO CASE NUMBER BO A 24 1 0 3 0 0 2 8. COMMENTING ON THE UH, 28 0 6 HOPETON DRIVE. MY PARENTS USED TO LIVE AT 28 0 2 HOPETON RIGHT NEXT DOOR FOR ABOUT 10 YEARS. MY MOM WANTED TO MAKE SURE THAT SHE KNEW THAT, UM, SHE NEVER HAD ANY PROBLEMS WITH CESAR. HE WAS A VERY GOOD NEIGHBOR AND WASH OUT FOR THEM. UM, AND SHE, THEY NEVER HAD ANY PROBLEMS WITH THE BODY SHOP OR THE HOBBY SHOP. UM, SO IF YOU HAVE ANY FURTHER QUESTIONS, YOU CAN GET AHOLD OF ME. I'M HER DAUGHTER. UM, 2 1 0 3 4 7 3 7 0 6. THANK YOU. BYE-BYE. HELLO, UH, MY NAME IS DAVID GUTMAN, G-U-T-T-M-A-N. ADDRESS, 29 0 6 MARLBORO DRIVE, SAN ANTONIO SEVEN EIGHT TWO THREE ZERO. UH, PHONE NUMBER IS (210) 380-9010. UH, LAST FOUR OF THE CASE ARE 0 0 2 8. I'M CALLING IN BEHALF OF, UM, MR. CESAR PUENTE, UH, NEIGHBOR, UM, VERY NEAR TO WHERE MY HOME IS. AND I'D LIKE TO SAY THAT HE IS A OUTSTANDING NEIGHBOR AND TAKE, I HAVE ABSOLUTELY NO OBJECTION TO HIS STRUCTURE AND, UH, HE TAKES PRIDE IN TAKING CARE OF HIS HOME AND HIS PROPERTY AND, UM, LOOKS LIKE A SHOW PLAY. SO I HOPE THAT THIS IS RESOLVED IN, IN CESAR'S FAVOR AND APPRECIATE THE OPPORTUNITY TO LEAVE MY, UM, OPINION. SO AGAIN, I HAVE NO OBJECTIONS AND HOPE THERE'S NO DISRUPTION IN HIS, UM, HOUSEHOLD FROM THIS. I THINK I LEFT MY PHONE NUMBER, BUT IF I DIDN'T, IT'S 2 1 0 3 8 0 9 0 1 0. THANK YOU. HI, MY NAME IS ESTHER FOSTER AND MY ADDRESS IS TWO EIGHT ZERO THREE HOPE DRIVE. MY PHONE NUMBER IS (210) 722-8601. I'M CALLING ABOUT UM, 28 0 6 HOPETON DRIVE. I THINK THAT CASE NUMBER IS B OH A 2 4 1 0 3 0 2 8. SO I, I'M CALLING BECAUSE HE IS, UM, JUST A HELPFUL NEIGHBOR AND SO I'D LIKE FOR HIM IF HE CAN, TO KEEP HIS, UM, HOBBY SHOP THAT HE HAS IN THE BACK OF HIS HOME. I'M DEFINITELY FOR THAT. HE'S BEEN HELPFUL TO OUR, OUR NEIGHBORS. THANK YOU SO MUCH. HI. YES, HELLO. MY NAME IS FRANCIS SANTOS AND THIS IS CASE NUMBER BO AS IN OCEAN, A APPLE DASH 24 DASH 1 0 3 0 0 2 8. UM, AND THE ADDRESS IS, IS 28 0 6 [00:55:02] HOPETON DRIVE. UM, I'M CALLING BECAUSE, UH, MY NEIGHBOR CAESAR, UM, HAS SOME KIND OF SHOP, UM, BEHIND HIS HOUSE. AND I JUST WANT YOU TO LET YOU KNOW THAT I'M, OR ME AND MY HUSBAND, MY FAMILY, UM, OUR RESIDENCE IS COMPLETELY FINE WITH IT DOESN'T BOTHER US. UH, WE LOVE CAESAR. HE IS A GREAT NEIGHBOR AND, UM, THERE IS NO CONCERN AT ALL WITH, UH, ON OUR END WITH IT AT 28 0 7 HOPETON. UM, AGAIN, MY NAME IS FRANCIS SANTOS. MY NUMBER IS (210) 771-3014. MY TELEPHONE NUMBER, AND AGAIN, I'M CALLING REGARDING, UH, B AS IN BOY, O AS IN OCEAN, A APPLE CASE 2 4 1 0 3 0 0 2 8. UM, REGARDING 28 0 6 HOPETON DRIVE 7 8 2 3 0. AND THE SANTO FAMILY, WE ARE COMPLETELY FINE WITH THE FUENTES HOME AND RESIDENCE AND WE DON'T HAVE ANY ISSUE OR CONCERN. YES, MY NAME IS GEORGINA SCHWARTZ. I LIVE AT 3006 BBO 7 8 2 3 0. I'M CALLING IN REGARD TO CASE STUDY, UH, FOR 28 0 6 HOPETON DRIVE. UH, THE BOARD OF ADJUSTMENTS NUMBER IS 1 0 3 0 0 2 8. I HAVE NO OBJECTION TO THIS GUY'S WINTER WHAT, UH, THIS GUY'S PLEA FOR, UH, ADJUSTMENT. SO I HAVE NO OBJECTIONS TO THIS. THANK YOU VERY MUCH. BYE. THAT'S MY NAME IS YVONNE DE LEON AND MY ADDRESS IS 2 8 0 2 MARLBORO DRIVE, SAN ANTONIO, TEXAS 7 8 2 3 0. THIS IS REGARDING VOA CASE NUMBER 2 4 1 0 3 0 0 2 2 8. I AM A NEIGHBOR TO, UH, 28 0 6 HOPETON, UH, A BIT OVER 300 FEET AWAY AT MARLBORO. AND TIFFANY, UH, MR. PUENTES CASE CAME TO MY ATTENTION IN DECEMBER WHILE I WAS THE, UH, 2024 PRESIDENT OF THE COLONIAL HILLS, UH, NEIGHBORHOOD ASSOCIATION. THE BOARD TOOK A VOTE AT THAT TIME AND WE DID NOT SUBMIT A COLONIAL HILLS VOTE DUE TO THE NATURE OF THE SHED BEING PLACED A FEW FEET SEEMINGLY NOT AFFECTED, UH, BY OUR ENTIRE NEIGHBORHOOD IN ANY ALARMING STATUS. AND A THIRDLY, WE DID NOT WANNA PLAY FAVORITISM IN WHAT EVIDENTLY IS DUE WHEN AN INCREASING, UH, DISAGREEMENT BETWEEN NEIGHBORS ABOUT EXTRANEOUS ISSUES. SO NOW THAT I AM NO LONGER A VOTING MEMBER ON OUR COLONIAL HILLS NEIGHBORHOOD ASSOCIATION BOARD, I WOULD LIKE FOR YOU TO KNOW THAT MY HUSBAND AND I VISITED CAESAR FUENTES SHED AND HOME LAST WEEKEND, AND I VOTE IN FAVOR OF THE REQUESTED VARIANCE OF THE SHED. HE IS CLEARLY A DO IT YOURSELFER AS WE ARE IN OUR OWN HOMES, AND WE CAN CLEARLY SEE THAT THE SHED IS BEING USED FOR REMODELING PROJECTS AROUND HIS HOME. HE HAS A T-SHIRT PRESS FOR HIS VOLLEYBALL TEAM, WOODWORKING, PAINTING TOOLS, AND STORAGE OF A FEW ITEMS RELATED TO HIS MOBILE BRAKE BUSINESS. IT'S ALSO BEING KEPT UP IN GOOD ORDER. AND WHILE MY HUSBAND AND I ENVY THE CLEANLINESS IN THE ROOM TO WORK IN THE SHED, WE SEE NO PROBLEMS IN IT REMAINING AS IT IS GIVEN THE DOSS NEIGHBORS CONCERN THAT HAVE BEEN EXPRESSED. WE HAVE LIVED IN THIS NEIGHBORHOOD, UM, SINCE 2013, AND WE HAVE DRIVEN BY HOPETON MANY TIMES AT DIFFERENT PARTS OF THE DAY, AND WE'VE NEVER SEEN EVIDENCE OF EXTRA CARS STACKED AROUND THE STREET OR AT HOME. NEITHER HAVE WE SEEN ANY BACKLOG OF CARS SITTING IN THE DRIVEWAY OR ON THE STREET. SO WE WRECK. AND, UH, REAL QUICK, MS. KATHLEEN BUCKLEY, ARE YOU PRESENT? YES. UH, WOULD YOU LIKE YOUR VOICEMAIL PLATE OR WOULD YOU LIKE TO SPEAK? I'LL JUST READ WHAT I, OKAY. UH, THAT'S ALL THE VOICEMAILS. ALL RIGHT. CAN WE DO IT FROM THE CHAIR? OH, UH, YOU STANDBY. WE, WE, WE DO HAVE TO HAVE IT RECORDED. IF YOU CAN PLEASE COME UP. AND I'VE DONE THIS BEFORE. OH, YOU'LL BE FINE. IF YOU COULD STATE YOUR NAME AND ADDRESS AND TELL US YOUR THOUGHTS. OKAY. MY NAME IS, UH, KATHLEEN BUCKLEY, AND I LIVE AT 3 0 1 9 GAINES BOROUGH. SO IT WAS MY UNDERSTANDING THAT THE BOARD OF ADJUSTMENT HAD FOLLOWED THEIR PROCESS AND HAD SENT OUT SURVEYS TO 16 NEIGHBORS. UH, FIVE RESPONDED, FOUR ANSWERED NO, AND THE VARIANCE WAS DENIED. SO NOW I UNDERSTAND THAT THIS, UH, ISSUE IS BACK UP AGAIN, SO I DON'T REALLY UNDERSTAND THAT. BUT ANYWAY, UM, I FEEL THAT ALLOWING A VARIANCE OF THIS TYPE WILL SET PRECEDENT IN THE NEIGHBORHOOD FOR FUTURE VARIANCES. UH, EVEN THOUGH THE CURRENT RESIDENT, YOU KNOW, VOWS ALL THESE GREAT THINGS, THE NEXT OWNER COULD USE THE PROPERTY IN A VERY DIFFERENT WAY. FOR EXAMPLE, ON 29 10 GAINESBORO, WE HAVE BEEN STRUGGLING WITH A MECHANIC WORKING OUT OF HIS HOUSE FOR YEARS, CODES COMPLIANCE HAS NOT BEEN ABLE TO EFFECTIVELY SHUT HIM DOWN. SO THAT HAS BEEN MY EXPERIENCE. UM, AND, UM, YOU KNOW, YOU'RE ASKING FOR THE VARIANCE AFTER THE BUILDING WAS BUILT, WHEN YOU [01:00:01] HIRED PEOPLE AND YOU REQUESTED PERMITS, WERE YOU NOT MADE AWARE OF THESE RULES? DID YOU HAVE THE PERMITS REQUIRED FOR ELECTRICITY THAT WAS PUT IN? UM, I, I WAS JUST LOOKING ON BCAD AND I DON'T NOTICE THE STRUCTURE LISTED THERE. AND SO I WAS, UM, JUST WENT OVER LIKE YOUR SIX THINGS, AND I DIDN'T WRITE DOWN WHAT THEY WERE, BUT I PUT DOWN MY RESPONSE TO NUMBER ONE IS, UH, IS IT CONTRARY TO THE PUBLIC INTEREST? I THINK SETTING A VARI, YOU KNOW, A PATTERN OF VARIANCES IN THE NEIGHBORHOOD IS CONTRARY TO THE, THAT IGNORANCE FOR NUMBER TWO, IGNORANCE IS NO JUSTIFICATION FOR THE VIOLATION OF RULES THAT THE CITY HAS SET OUT FOR THE BENEFIT OF ALL OF US. NUMBER THREE, UM, WE CANNOT BE ASSURED WHAT FUTURE OWNERS WILL DO WITH THE PROPERTY. AND I KNOW WE CAN'T SEE INTO THE FUTURE, BUT WE CAN'T BE BLIND THAT THERE IS A FUTURE. NUMBER FOUR, WHO WILL MONITOR AND ENFORCE, UH, ANY VIOLATIONS THAT GO ON ON THIS PROPERTY. WE KNOW FROM EXPERIENCE THAT CODE COMPLIANCE TRIES VERY HARD, BUT THERE'RE SPREAD VERY THIN THROUGHOUT THE CITY, AND MANY TIMES THEY NEED TO SEE THE ACTUAL CHANGING HANDS OF THE CASH. WE KNOW WHAT'S GOING ON, WE SEE IT, BUT ARE THEY GONNA SIT THERE ALL THE TIME? AND NUMBER FIVE, I QUESTION HOW FUTURE OCCUPANTS WILL, UH, OKAY. SO BE INTERESTED. YEAH, YOUR TIME IS UP. OH, OKAY. VERY GOOD. THANK YOU. SEE IF WE HAVE ANY QUESTIONS. SO, MANANA, HOLD, HOLD ON. ACTUALLY, I'D LIKE TO HEAR A FIFTH POINT IF I COULD, SO JUST SURE, GO AHEAD. SO YOUR FIFTH POINT IS, I'M SORRY, QUICKLY. UH, FIFTH POINT WAS, UM, UH, QUESTION HOW FUTURE OCCUPANTS WERE INTERESTED IN BUYING THE NEIGHBORING HOME. MAY FEEL ABOUT THAT. AND NUMBER SIX, ZONING LAWS WERE IN EFFECT AT THE TIME THE STRUCTURE WAS BUILT. THEY'RE NOT NEW ZONING LAWS. THANK YOU. OKAY, SO I HAVE, I ACTUALLY HAVE A, A QUESTION FOR YOU MM-HMM . SO WE, WE, UH, I JUST WANNA MAKE SURE THAT WE'RE DIFFERENTIATING WHAT WE ARE LOOKING AT AND THEN WHAT, WHAT I, WHAT I'M READING THAT, THAT YOU'RE NOT HAPPY WITH, LIKE, YOU'RE NOT HAPPY WITH PEOPLE RUNNING A BUSINESS OUT OF THEIR HOME. AND, AND WHAT I DIDN'T NECESSARILY HEAR IS YOUR OBJECTION TO IT BEING 18 INCHES OF WAVE VERSUS 60 INCHES. I AM OBJECT, I OBJECT TO THAT BECAUSE AS I, I KIND OF, I THINK I TOUCHED ON IT SAYING THAT THE CITY HAS COME UP WITH RULES AND THEY'RE TO KEEP ALL OF US SAFE, ALL THE SAME PAGE. WHY SHOULD WE HAVE A VARIANCE FOR THIS? IT WASN'T LIKE THERE WAS A GRANITE STRUCTURE PROTRUDING OUT, AND THAT'S ALL ONLY OPTION THEY HAD. YOU KNOW, I, I DON'T FEEL LIKE, I DON'T THINK THE CITY SETS THE BAR EXCEPTIONALLY HIGH, SO I THINK AT LEAST WE COULD FOLLOW WHAT THE CITY HAS PUT IN PLACE FOR ALL OF US. OKAY. THANK YOU. MANNA. COMMISSIONER MANNA. SO MAYBE A QUESTION FOR CITY STAFF. SO, SO THE, UH, CITIZEN HERE, UH, PROVIDED, UH, COMMENTARY THAT THERE WAS A PRIOR, I GUESS CASE, UM, AND THAT, I GUESS IT WAS DENIED AND NOW WE'RE BACK FOR A SECOND CASE. UH, ANY HISTORY ON THAT? THERE WAS NO PRIOR BOARD OF ADJUSTMENT CASE. I'M NOT SURE IF THEY WERE TALKING ABOUT A NEIGHBORHOOD ASSOCIATION OR SOMETHING LIKE THAT. OKAY. THANK MR. UNIT. SO FOR STAFF AS WELL, UH, THE APPLICANT OBVIOUSLY HAS ELECTRICITY AND SUCH IN THE BUILDING. IF THE VARIANCE WERE TO BE APPROVED TODAY, HE WOULD BE REQUIRED RIGHT, TO GO THROUGH THE BUILDING PERMIT PROCESS AND HAVE THE ELECTRICAL APPROVED AND REVIEWED AS, AND ALSO ANY OF, UH, A FIRE OR ANY OTHER CODE THAT WOULD BE REQUIRED FOR BUILDING COMPLY WITH, CORRECT? YES. HE WOULD'VE TO ABIDE BY ALL FIRE CODE, ELECTRICAL CODE, UM, REGISTERING THE PERMIT, EVERYTHING. AND THEN TO TOUCH ON THAT, WHAT, WHAT IS THE SQUARE FOOTAGE THRESHOLD BEFORE A PERMIT IS REQUIRED? IS IT 300 FEET OR 500 FEET? SEVEN. OH, IT IS 300. OKAY. YES. UH, AND SO I ACTUALLY, SO A QUESTION FOR YOU IS, UH, IS, IS THIS SHED, UM, OBVIOUSLY IT'S OVER 300 SQUARE FEET. I JUST WANTED TO ASK YES. OKAY. AND GO AHEAD. OH, TO ANSWER HIS QUESTION, UH, SO I DID CONTACT AN, UH, CONTRACTOR ELECTRIC, AN ELECTRICAL CONTRACTOR, AND AN ENGINEER, BECAUSE I WILL NEED THOSE IN ORDER TO ACTUALLY GET THROUGH THE THING. BUT WHAT THEY RECOMMENDED WAS FOR ME TO GO THROUGH THE VARIANCE PROCESS FIRST, INSTEAD OF SPENDING ANY MORE MONEY ON THEM. AND, AND THEN IT GETS DENIED. AND IF THE VARIANCE GETS DENIED, THERE'S NO POINT FOR ME TO HIRE THEM. SO THEY SAID THAT IF THE VARIANCE DID PASS, THEN THEY WOULD COME AND THEN THEY WOULD, THEY WOULD MAKE SURE. SO YOU, SO YOU HAVE A SEPARATE PANEL AT THIS STRUCTURE IN THE REAR, UH, SEPARATE PANEL. IT HAS A PANEL, AN ELECTRICAL PANEL, YES, SIR. OKAY. ALRIGHT. UM, ANY OTHER QUESTIONS FOR THE APPLICANT? AND IS THERE ANYTHING YOU'D LIKE TO PROVIDE? ANY CLOSING REMARKS? UM, NO, I JUST, I APPRECIATE Y'ALL'S TIME AND JUST TO MY NEIGHBOR, LIKE I KNOW THAT YOU JUST HAVE TO TAKE MY WORD FOR IT AND THERE'S REALLY NOTHING I CAN DO. AND WHETHER THEY VOTE AGAINST IT OR FOR IT AT THE END OF THE DAY, LIKE, I'M NOT DOING THAT AND I WON'T DO IT. AND [01:05:01] I HOLD NO REMORSE AGAINST YOU. I'M THERE. I'M YOUR NEIGHBOR AND WE'RE LIKE, REALLY THE ONLY ONES THAT WE CAN COUNT ON. SO I KNOW, AND I, AND I PROMISE YOU, LIKE NO, NO, NO HARSH FEELINGS AND THERE WAS NO ONE ELSE SIGNED UP TO SPEAK. CORRECT. THAT WAS THE ONLY SPEAKER. ALL RIGHT. SO, UM, UNLESS THERE'S NO OTHER QUESTIONS, I'M LOOKING FOR A MOTION MANA COMMISSIONER MANA, REGARDING CASE NUMBER BO 8 2 4 1 0 3 0 0 2 2 8. I MOVED THAT THE BOARD ADJUSTMENT GRANT, THE REQUEST FOR A THREE FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW DET A DETACHED ACCESSORY STRUCTURE TO BE ONE FOOT SIX INCHES FROM THE SIDE PROPERTY LINE SITUATED AT 2 8 0 6 HOPETON DRIVE, BEING CAESAR PUENTE. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED TO SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. STAFF FINDS REQUESTS WILL NOT BE CONTRARY TO PUBLIC INTEREST AS ONE FOOT SIX INCH SIDE SETBACK PROVIDES AN ADEQUATE DISTANCE FOR MAINTAINING AND, UH, AND SEPARATION FROM NEIGHBORING LOT TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD BE REQUIRED TO RECONSTRUCT THAT DETACH ACCESS STRUCTURE TO MEET UDC SETBACK REQUIREMENTS. THREE OF OUR GRANTING THE VARIANCE, THE SPEAR OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUEST APPEARS TO BE IN THE SPEAR OF THE ORDINANCE AS THE REQUESTED ONE FOOT SIX INCH SETBACK LEAVES SUFFICIENT SPACE BETWEEN STRUCTURE AND ABUDDING PROPERTY. FOR THE VARIANCE WERE NOT AUTHORIZED THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THIS VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THIS PROPERTY IS LOCATED. GRANTED, ONE FOOT SIX INCH SIDE SETBACK WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT OR INJURE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY, UH, IN THE SURROUNDING AREA. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS. AND DISTRICT, WHICH IS PROPERTY LOCATED STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON PROPERTY AND DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION. SECOND, UH, WE HAVE A SECOND BY COMMISSIONER KAPLAN. AND, UH, BEFORE WE MOVE ON, I WANTED TO ASK, UH, LEGAL, IS IT POSSIBLE FOR THE, UH, MAKER OF THE MOTION TO READ THAT THE BUILDING IS A METAL SIDE OR IS THAT NOT ALLOWED, UH, THE, UH, TO REFLECT WHAT CURRENTLY EXISTS? YES, YOU CAN. YEAH, THAT'S FINE. SO I, I, I WOULD, UH, I WOULD, UH, UM, ASK, UH, FOR THE MAKER TO SAY THAT IT'S A, A ME THE METAL SIDE BUILDING, UH, THAT IS, UH, WITH GUTTERS ON THE EAST SIDE ONLY. OKAY. SO, SO AMENDED AS WHAT WAS INDICATED THERE. OKAY. BY THE CHAIR. AND, AND MAYBE, MAYBE THE SIMPLE, UH, THE ADDITION WOULD BE AS CURRENTLY BUILT AND SO, SO LIMITED TO THE, TO WHAT IS CURRENTLY BUILT. YEAH, I JUST, I JUST WANTED TO MAKE SURE THAT IT, IT, IT, THAT IT WAS REMARKED THAT IT INCLUDED METAL WITH GUTTERS AND IT WAS ON THE EAST SIDE ONLY COMMISSIONER KAPLAN. IS THAT ACCEPTABLE? ABSOLUTELY. ALRIGHT, COMMISSIONER MANNA. SO, UM, SO WE, UM, ONE OF THE TESTIMONIES THAT WE HEARD IN THE DIALOGUE WAS FROM, UM, WE'LL SAY WAS A BOARD MEMBER BUT IS NO LONGER A BOARD MEMBER. BUT IT APPEARED THAT IN THE DIALOGUE THAT I HEARD THAT, UH, THAT THE BOARD, UH, THE COLONIES OF THE COLONIAL HILLS, UH, BOARD WAS OKAY WITH THIS. AND, AND SO I ALWAYS LIKE TO, YOU KNOW, KIND OF WORK WITH THE NEIGHBORHOOD ASSOCIATIONS ONE, UM, TWO IS THAT ON THE ALLEY? SO THIS, UH, A BUTT'S AN ALLEY. AND SO, SO THERE'S REALLY, UH, NOT AN ISSUE FOR THE BACK PROPERTY, UH, BACKSIDE PROPERTIES. AND IT'S REALLY THE SIDE PROPERTY WITH REGARDS TO DIALOGUE AND DOING A GOOGLE DRIVE DOWN THIS ALLEY, UM, DOWN THE ENTIRE ALLEY. THERE'S, UM, SEVEN OTHER STRUCTURES OF WHICH FIVE ARE BASICALLY SIMILAR SITUATED. AND SO, SO IT DOESN'T SEEM INCONSISTENT WITH WHAT'S ALREADY THERE. AND SO, UM, YOU KNOW, UM, SO I GUESS FOR THOSE TWO MAIN REASONS, I GUESS I'LL BE IN FAVOR. THANK YOU COMMISSIONER KAPLAN. UH, I'M ALSO IN FAVOR OF THIS. WE HAVE GIVEN SETBACK, UH, VARIANCES FOR SETBACKS, THE SMALL IN THE PAST. UH, WE'RE NOT CHANGING THE ZONING OF THIS PROPERTY OR THE, THE ALLOWED USES IN YOUR ZONING. WE'RE JUST ALLOWING A SIDE SETBACK. THAT'S ALL WE'RE GIVING THIS VARIANCE FOR. SO, UH, I AGREE. AND I, I THINK THANK YOU FOR YOUR SERVICE AND THANK YOU FOR ALL THE GOOD THINGS YOU'RE DOING. THANK YOU. THANK YOU. ANY OTHER COMMISSIONERS LIKE TO ADD ZUNA COMMISSIONER ZUNA? YEAH, SO I, I LISTENED TO THE OPPOSITION, UH, TO THE VARIANCE AND UNDERSTOOD THAT THE ISSUE WAS NOT NECESSARILY THE THREE FOOT SIX INCH VARIANCE, BUT OTHER ISSUES INVOLVING BUSINESS OPERATIONS, WHICH WAS NOT THE CASE OF, OF THIS APPLICANT. SO I COULDN'T SEE WHERE THE THREE FOOT, SIX INCH VARIANCE WAS, UH, IMPACTING THE OPPOSITION THAT THE SPEAKER HAD AGAINST THIS PARTICULAR CASE. SO FOR THAT, I'M SUPPORTING THE MOTION [01:10:01] AS READ. ALL RIGHT. THANK YOU. ANYONE ELSE? DEAN? MR. DEAN? I THINK THERE'S CLEAR EVIDENCE OF SOMETHING GOING ON THERE WITH THE BOXES ON THE SIDE AND THEN APPROACHING THE, UH, UM, PROPERTY LINE OF THE NEIGHBOR. UM, HOWEVER THEY ARE IN SUPPORT, BUT, UH, THE EVIDENCE IS CLEAR THAT THERE'S SOMETHING GOING ON, UM, MORE THAN, UM, WHAT WAS SAID HERE. AND, UH, ALSO IN THE PAST WE'VE GIVEN VARIANCES FOR, I WOULD SAY SIMPLER STRUCTURES. THIS ONE IS A LITTLE BIT MORE ADVANCED AND REQUIRES MORE PERMITTING AND, UH, IS A LITTLE BIT OF A, UM, UH, BURDEN TO GET THROUGH THAT. AND, UH, I'M NOT SURE IF I'M WILLING TO, UM, BE IN FAVOR OF THIS BECAUSE OF THAT. AND I WOULD LIKE, YOU KNOW, THESE TYPES OF STRUCTURES THAT ARE, YOU KNOW, UH, HAVE ELECTRICITY AND ALL THESE FEATURES TO BE, YOU KNOW, TO MEET AS MUCH CODE AS POSSIBLE. AND, UH, I WON'T BE IN FAVOR. ALRIGHT, ANYONE ELSE LIKE TO ADD? OKAY, I'LL CLOSE WITH SAYING I'LL BE IN SUPPORT, UH, MOSTLY BECAUSE IT HAS GUTTERS, IT'S METAL. THERE IS AN ALLEY IN THE BACK AS MENTIONED PREVIOUSLY, AND, UH, THIS ISN'T, THEY'RE NOT RUNNING A BUSINESS OUT OF IT. SO, AND THE FACT THAT IT'S OVER 300 SQUARE FEET, I FEEL CONFIDENT THAT CITY STAFF WILL ENSURE ALL THE PERMITTING THAT'S REQUIRED WILL BE DONE. SO WITH THAT, WE'LL HAVE A ROLL CALL VOTE PLEASE. COMMISSIONER MANO, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER KAPLAN, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER YBANEZ? I CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER BONIA? YES, I CONCUR. CHAIR ORIAN AND I CONCUR TO THE FINDINGS OF FACT. UM, MOTION PASSES 10 TO ONE. IT IS NINE TO ONE. I MEAN, I'M SORRY, NINE TO ONE. APOLOGIZE. THANK YOU SO MUCH. ALL RIGHT. AND, AND IF, AND SIR, IF YOU HAVE ANY QUESTIONS ABOUT THE PERMITTING PROCESS, YOU CAN TALK TO STAFF. YES, SIR. THANK YOU. ALL RIGHT. IT IS, UH, I'M WAITING FOR COMMISSIONER BARRINGTON TO WALK BACK IN, BUT STAFF IF, UH, DID ITEM, DID THE APPLICANT FOR ITEM ONE COME BACK? NOT AT THIS TIME, NO. YES, SIR. ALL RIGHT. WE'LL BE MOVING ON TO ITEM NUMBER FOUR UPON THE RETURN OF COMMISSIONER BARRINGTON. HUH? ALL RIGHT. IT'S TWO 12 AND COMMISSIONER BARRINGTON IS, UH, RETURNED TO THE MEETING. UH, ITEM NUMBER FOUR. OKAY, ITEM NUMBER FOUR BO 24 1 0 3 2 4 1. ADDRESS, 2 6 7 8 2 BDE ROAD, UH, COUNCIL DISTRICT NINE, APPLICANT 2021. UM, FII BDE, LLC REQUEST A TWO FOOT EIGHT INCH VARIANCE FROM THE MINIMUM 20 FOOT SIDE SETBACK TO ALLOW A 17 FOOT FOUR INCH US 2 81 NORTH GATEWAY CORRIDOR SIDE SETBACK ON THE SOUTHERN PROPERTY LINE. AND THE ZONING IS C3. THIS SUBJECT PROPERTY IS LOCATED ALONG VERDE ROAD, WEST OF US HIGHWAY 2 81. THE APPLICANT IS DEVELOPING THE VACANT LOT FOR A QUICK SERVICE RESTAURANT. PER THE SITE PLAN, THE PROPOSED STRUCTURE WOULD REQUIRE A TWO FOOT EIGHT INCH VARIANCE FROM THE GATEWAY CORRIDOR SIDE SETBACK. THE SUBJECT PROPERTY WAS RECENTLY ANNEXED INTO THE CITY IN 2016. THE US 2 81 NORTH GATEWAY CORRIDOR WAS ESTABLISHED SIMULTANEOUSLY WITH THE ANNEXATION BY ORDINANCE, UH, LISTED. AND HERE IS THE SITE PLAN, AND THEN THE LOCATION OF THE SIDE SETBACK, UH, AS A REFERENCE TO THAT BUILDING. AND THEN HERE'S IT SUPERIMPOSED, UM, BECAUSE IT, UH, THE, UM, THIS, THIS IS WHAT THEY'LL ACTUALLY BE DEVELOPING THAT ONE LOT, UH, NOT THE FULL SPACE. SO THE PART THAT THEY WILL BE DEVELOPING IS JUST HIGHLIGHTED IN THAT YELLOW AND THOSE STRUCTURES [01:15:01] NO LONGER EXIST THERE TOO. UM, THAT WAS, IT'S NOW HIGHWAY. IT'S PART OF THE US HIGHWAY AND SUBJECT PROPERTY FROM VERDE ROAD. UH, APPLICANT WILL HAVE MORE, BETTER PICTURES FROM THE HIGHWAY AND THEN THE SURROUNDING AREA FROM THE VERDE ROADSIDE STAFF RECOMMENDATION FOR THE FRONT CORRIDOR SETBACK VARIANCE, UH, STAFF RECOMMENDS TO DIAL ON BO OA 24 1 0 3 0 0 2 4 1 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE APPLICANT CAN REDESIGN THE PROPOSED THE PROJECTED DEVELOPMENT TO MEET THEIR NEEDS AND, AND OBSERVANCE OF THE CORRIDOR FRONT SETBACKS. AND TWO, THE REQUESTED VARIANCES APPEAR OUT OF CHARACTER FOR THE AREA, INJU AND NEIGHBORING PROPERTIES, AND SETS THE NEGATIVE PRECEDENT FOR THE FUTURE DEVELOPMENTS IN THE GATEWAY CORRIDOR. AND THEN STAFF MAILED OUT FOUR NOTICES, ZERO IN FAVOR, ZERO IN OPPOSITION. AND THEN THERE'S NO NEIGHBORHOOD ASSOCIATION. AND THEN JUST AGAIN, TO CLARIFY FOR THIS MAP, UH, THOSE PARCELS IN FRONT, UH, ARE A PART OF THE HIGHWAY NOW. SO THEY ALL WILL BE ABUTTING THE HIGHWAY. AND THIS CONCLUDES STAFF PRESENTATION. APPLICANT IS AVAILABLE. MANNA, YES. COMMISSIONER MANNA. SO, SO GOING BACK TO THE CITY'S POINT THERE, IF YOU GO BACK TO THE PRIOR SCREEN, UM, IT TALKS ABOUT, UM, I GUESS WHY IT IS THAT THE CITY IS NOT IN FAVOR. UM, SO THE, UM, SECOND POINT, YOU KNOW, IT LOOKS LIKE THERE ISN'T MUCH DEVELOPMENT OUT HERE. UM, AND SO, SO I GUESS JUST TRYING TO UNDERSTAND HOW THAT POSITION WAS MADE OR, OR ASSESSED OR ESTABLISHED. HOW, HOW THE, WHAT WAS ESTABLISHED? I'M SORRY. SO, SO THERE, IT, IT DOESN'T LOOK VERY DENSELY POPULATED, SO THERE REALLY ISN'T A POPULATION THERE OF A LOT OF BUSINESSES. SO HOW IS IT THAT THIS WOULD BE CONSIDERED OUT OF CHARACTER WITH THE AREA BEING THAT THERE'S NOT MUCH AREA THAT HAS BEEN DEVELOPED. IT'S MORE, IT'S MORE OF THE CHARACTER OF THE GATEWAY CORRIDORS TRYING TO, UH, DESIGN IN THE AREA. BUT YES, YOU'RE RIGHT, THERE IS NOT OKAY. DEVELOPED. ALL RIGHT. UH, IS THE APPLICANT HERE? YES. ALL COME ON UP. PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. AND BEFORE YOU DO, DO YOU HAPPEN TO HAVE THE SUBDIVISION PLA FOR THIS AS PART OF YOUR PRESENTATION? UM, IT WAS PART OF THE ORIGINAL I APPLICATION. I DON'T KNOW IF COLTON MAYBE HAS A COPY OF IT. SO WHILE WE'RE HEARING FROM THE APPLICANT, IS IT POSSIBLE FOR STAFF TO, TO, TO BRING THAT UP? IT'S VOLUME 20,003 PAGE? UH, I WOULD BRING UP PAGE 2183. ALRIGHT. AFTERNOON COMMISSIONERS CHAIR. MY NAME IS MARY JANE PHILLIPS. I WORK AT WESTWOOD PROFESSIONAL SERVICES AND I WAS THE PREPARER FOR THE APPLICATION. UM, THE APPLICANT IS THE SAME AS THE OWNER DO GO. OH. SO WHAT YOU SEE ON THE SCREEN IS, IS A BETTER REPRESENTATION OF THE LOT THAT WE'RE TALKING ABOUT. I THINK ON THE MINI PACKET, THE TRACT WAS KIND OF SHOWED INCORRECTLY. SO TECHNICALLY WE DON'T HAVE A 200 FOOT BUFFER WHERE OTHER, UH, OWNERS WILL BE NOTIFIED. REALLY IT'S THE, THE OWNER IS THE ORIGINAL, UH, SUBDIVIDED. UM, THEY STILL RETAIN ALL THE LOTS THAT WAS RECENTLY SUBDIVIDED. UM, SO WE ARE, UH, ON LOT FOUR. IT'S A PROPOSED PANDA EXPRESS. YEAH, LOT THREE TO THE NORTH. LOT FIVE TO THE WEST ARE NOT CURRENTLY PLANNED FOR ANYTHING AS OF YET. UM, I WILL POINT OUT THAT THE WHOLE SUBDIVISION PLAT IS ZONED C3 AND ALL THE PROPOSED USES WILL BE IN COMPLIANCE WITH THAT. UM, LOT SIX TO THE SOUTH OF US IS ALREADY PLANNED FOR A CAR WASH AND THE FURTHEST SOUTH LOT SEVEN IS PLANNED FOR A FUELING STATION. UM, SO WHAT YOU CAN SEE THERE AS AN OVERLAY IN ALL OF THE RED DON'T HOLD US TO IT, BUT IT IS A PRELIMINARY LAYOUT OF WHAT THOSE LOTS WILL, WILL LOOK LIKE. UM, AGAIN, HIGHLIGHTED IN BASICALLY WHY DOES OUR, UH, PROJECT SITE. ALRIGHT. COMMISSIONER ZUNA. UM, SO STAFF MENTIONED THAT YOU, YOU HAVE OPTIONS TO KIND OF COMPLY WITH THE 25 20 FOOT SIDE STEP BACK. CAN YOU TELL US HOW, WHAT THE HARDSHIP WOULD BE AND, AND, UH, IN KIND OF REQUESTING THAT TWO FOOT EIGHT INCH VARIANCE AND THE IMPACT IT WOULD CAUSE IF YOU WERE TO MEET THAT SIDE SETBACK REQUIREMENT? SURE. SO THE, [01:20:01] THE GC THREE ORDINANCE ESTABLISHES THAT WHEN YOU HAVE HIGHWAY 2 81 FRONTAGE AND WHEN YOU ARE, UM, WHEN YOU HAVE HIGHWAY 2 81 FRONTAGE, UM, THERE ARE CERTAIN RESTRICTIONS WITHIN THE FIRST 90 FEET OF THE HIGHWAY OR THE RIGHT OF WAY. AND SO THE BUILDING AS IT'S CURRENTLY LAID OUT IS WITHIN THAT 90 FEET, ABOUT SIX FEET IN. AND SO BECAUSE OF THAT, THE 20 FOOT SIDE SETBACK IS TRIGGERED AND WE'RE SEEKING A TWO FOOT EIGHT INCH SIDE SETBACK. ENCROACHMENT OF A 20 FOOT SIDE. I'D SAY THAT'S 13% OF THE SIDE SETBACK. UM, THE SIDE ITSELF, IF WE WERE TO REDESIGN, WOULD REDUCE THE AMOUNT OF PARKING THAT, UM, THE USE WOULD, WOULD OTHERWISE ALLOW, UH, TO, TO ALLOW FOR MORE PARKING FOLKS THAT WANNA COME SIT DOWN AND, AND ENJOY THE, THE OFFERING. UM, IT WOULD ALSO, UM, AFFECT THE DRIVE THROUGH LANES AND HOW MUCH QUEUING CAPABILITIES THERE ARE. AS FAR AS THE, THE ISSUE ITSELF, I SUPPOSE IT'S, IT'S NOT GONNA BE INJURIOUS TO ANY THE PUBLIC, I WOULD SAY. UM, IT IS DEFINITELY JUST PART OF THE, UH, THE DRIVE THROUGH AISLE. UM, IF WE WERE TO GET APPROVAL ON THIS VARIANCE, IT WOULD THEN DO AWAY WITH OTHER SORT OF WATERFALL EFFECTS OR VARIANCES IN THE FUTURE FOR THE SITE. UM, THAT BEING, UH, POTENTIALLY SEEKING A VARIANCE ON NOT BEING ABLE TO PROVIDE ENOUGH PARKING, UM, DRY VALVES THAT ARE TOO NARROW. UM, AND YOU CAN SEE THE TRACT IS PRETTY TIGHT. UH, WE WOULD NEED TO BE CREATIVE WITH, WITH PROVIDING LANDSCAPE AND, AND BUFFER AND, AND THINGS OF THAT NATURE. I WILL SAY THAT THERE ARE OTHER REQUIREMENTS AS PART OF THE GC THREE AND I KNOW THAT THE DEVELOPER WILL BE MEETING AT A MINIMUM OR NOT MORE THE ENHANCED, UH, LANDSCAPE REQUIREMENTS ALONG 2 81. SO, UM, I'M GONNA CHIME IN ON THIS. SO YOU GOT, UM, ON THIS, ON THESE HIGHWAY PROJECTS LIKE THIS, THERE'S CONTROLLED ACCESS. THERE'S ONLY A LIMITED AMOUNT OF DRIVEWAYS THEY CAN HAVE. SO THEY'RE CREATING THIS, THIS, UH, CONTINUITY OF FLOW THAT PARALLELS THE ROAD IN FRONT AND THEN THE BUILDING THAT'S SET. AND THEN THE OTHER THING THAT I'D LIKE TO POINT OUT IS WHEN YOU HAVE, UM, WHEN YOU HAVE A, A RESTAURANT WITH A DRIVE THROUGH, THEY HAVE A PRETTY INTENSE PARKING REQUIREMENT. SO IT'S, IT'S ONE PER ONE PER ONE 50 AT A MINIMUM AND ONE PER 40 AT A MAX, I BELIEVE. AND, AND SO TO PROVIDE THE KIND OF PARKING THAT THE, THAT IS NECESSARY, ESPECIALLY WHEN YOU DON'T HAVE OFF STREET PARKING AVAILABLE. UH, AND TO MAINTAIN THE FLOW OF, OF CARS STACKED UP THROUGH THE DRIVE THROUGH AROUND THE OUTSIDE AND, AND IT, IT KEEPS IT AWAY FROM THE BUILDING, IT CAN, MAKES IT A SAFER ENVIRONMENT FOR THE HANDICAP PARK. I SEE WHY, I SEE WHAT'S GOING ON HERE. AND UH, I JUST WANTED JUST TO MAKE SURE IF I WAS ON THE RIGHT PAGE WITH THAT. YES, YES, CORRECT. UM, KIND OF LOOKING AT A HIGH LEVEL, AGAIN, BACK TO THE SUBDIVISION PLAT, WHICH WAS RECENTLY APPROVED. UM, THE IMPROVEMENTS THAT WOULD BENEFIT THE DEVELOPMENT ON SITE IS ALREADY ONGOING. YOU CAN SEE HERE WITH THE AERIAL IMAGERY, THIS IS THE MOST CURRENT AS IT IS, YOU KNOW, WITHIN THE LAST COUPLE WEEKS. YOU CAN SEE THE PROPOSED DRIVEWAY THAT'S, IT'S GONNA BE A SHARED ACCESS DRIVE IS ALREADY, UM, CLOSE TO COMPLETION. THE, THE RIGHT TURN, DESAL LANES AND DRIVEWAYS OFF OF THE FRONTAGE ROAD ARE ALSO COMPLETED. AND SO ACCESS TO THE QUICK SERVICE LOT WILL BE TO, UM, FROM THE NORTH AND SOUTH, UM, INTERNALLY WITH THE, WITH THE COMMON DRIVE. I ALSO WANTED TO ASK A COUPLE QUESTIONS. SO ON THE PLAT, YOU'RE CALLING OUT A COUPLE OF EXISTING WELLS THAT ARE GONNA REMAIN, I GUESS, IRRIGATION ON OTHER LOTS, WHICH, WHICH ALSO REQUIRES SOME SETBACKS. SO THERE'S ONLY SO MANY PLACES YOU CAN PUT THE BUILDING. UH, AND THEN LASTLY, SOMETIMES AS BOARD WHEN MOTIONS ARE MADE, THEY LIKE TO ONLY ONLY MAKE A MOTION FOR WHAT IS ACTUALLY NEEDED. SO YOU HAD MENTIONED 13%. DO YOU HAVE LIKE A, A DISTANCE PERHAPS WITHIN THE 90 FEET THAT, THAT THAT IS BEING RAISED HERE IS LIKE 10 FEET OR WHAT ARE WE TALKING ABOUT? ARE YOU SAYING WHERE'S THE CURRENT, WHERE'S THE BUILDING CURRENTLY LOCATED? WITHIN THE FIRST 90 FEET? YEAH, YOU KNOW, 'CAUSE IT'S, IF WE, SOMETIMES, IF WE GIVE A SET, IF WE GIVE A VARIANCE, IT'S, IT'S KIND OF LIKE A BLANKET VARIANCE WHERE YOU COULD, IT'S GOOD FOR EVERYTHING. AND SOMETIMES WE GET TO JUST MAKE ONE FOR JUST WHAT YOUR NEED IS. LIKE MAYBE IS IT JUST 15 FEET? THAT'S THE ISSUE. UM, IT'S 6.11 FEET , THAT'S IT. YES. OKAY. BECAUSE THE LOT THEN ANGLES OFF. IS THAT WHERE NO, BECAUSE WHAT HAPPENS IS IT'S ONLY THAT SETBACK IS ONLY REQUIRED WITHIN THE FIRST 90 FEET. YES. IT'S ONLY REQUIRED WITHIN THE FIRST 90 FEET. YEAH. I SEE. OKAY. AND SO, SO YOU COULD SAY THAT, YOU KNOW, THE SET, WHOEVER MAKES A MOTION, THEY MAY WANT TO READ IT TO WHERE THE FIRST, THE LAST SEVEN FEET OF THE 90 FOOT SETBACK OF THE OVERLAY DISTRICT IS REALLY WHAT WE'RE TALKING ABOUT. JUST TO BE YES. CORRECT. JUST SO THAT WE'RE NOT, UM, MEMORIALIZING SOMETHING MORE. SO, SO, ALRIGHT. [01:25:01] EXCUSE ME. I JUST WANNA, SO THIS BOX IS WHAT WE'RE TALKING ABOUT. WE'RE ONLY TALKING ABOUT SEVEN FEET. THAT'S IT. GOT IT. COMMISSIONER MANNA. SO, SO WILL IT BE ACCESS TO THIS, UH, PROPERTY FROM 2 81 ITSELF FROM THE ACCESS ROADS OR IS IT ALL GONNA BE OFF OF VERDE? UM, THE ULTIMATE BUILD OUT, YOU CAN ACCESS IT OFF OF BUL BULVERDE ROAD. THERE'S, UM, COMMON ACCESS DRIVES ULTIMATELY, UM, IN THE INTERIM CONDITION, YOU KNOW, UH, I WOULD SAY THE PRIMARY ACCESS WOULD BE OFF OF THE FRONTAGE ROAD, WHICH YOU CAN SEE THERE. THE RIGHT TURN, DIESEL LANES AND DRIVEWAY CURB CUTS ARE ALREADY IN PLACE. YEAH, THERE'S AN EXISTING DRIVEWAY ON EITHER SIDE OF THIS AND THEN OFF OF VERDE, YOU WOULD HAVE TO COME IN ACROSS FROM THE EXISTING, I GUESS IT'S A NEIGHBORHOOD AND THEN, THEN DRIVE UP AND THEN TURN RIGHT TO GET THERE. IT'S POSSIBLE TO GET THERE, BUT IT'S NOT DIRECT. YEAH. I ALSO WANTED TO POINT OUT THIS PLAT IS RIDDLED WITH, UH, INTERIOR EASEMENTS. I MEAN, THIS THING IS, THERE'S A LOT OF, YOU KNOW, THERE'S ONLY SO MANY PLACES THEY CAN PUT A BUILDING ON THESE PLACES, THESE, THESE LOTS. ALRIGHT, ANY OTHER QUESTIONS? COMMISSIONER ZUNA? I WAS GONNA MAKE A . IS THERE ANY, UH, SIGN ANYONE SIGN UP TO SPEAK ANY VOICEMAILS? ONE SPEAKER? UM, KEN BROWN. ALL RIGHT. IF YOU COULD STATE YOUR NAME AND TELL US YOUR THOUGHTS. UH, MY NAME IS KEN BROWN, UM, 100 NORTHEAST LOOP PORT 10, SUITE 1385. UM, I DON'T WANNA MESS UP ANYTHING SHE'S DONE 'CAUSE SHE DID A GREAT JOB. I REPRESENT THE PROPERTY OWNER, UH, AND, UH, IF YOU CAN BRING THAT OVERHEAD. UM, THE PROPERTY OWNER AND DEVELOPER IS BITTER BLUE, WHICH IS LAIE DENTON. AND HE'S, HE AND HIS FAMILY HAVE BEEN DE DEVELOPING IN SAN ANTONIO FOR ALMOST 80 YEARS. UH, THIS IS A VERY UNIQUE SITE WITH A LOT OF ISSUES. UH, MOSTLY DEALING WITH 2 81, UH, ON ONE SIDE. VERDE ON THE BACK. UH, AS YOU CAN SEE FROM THE PLAT, IT, IT'S A PUZZLE. UM, AND THEY DO EVERYTHING THEY CAN NOT, NOT TO SEEK VARIANCES AND YOU RARELY, IF EVER SEE THEM HERE. AND IN THIS CASE WE THINK IT'S WARRANTED AND, UH, WE THINK IT'S A MINIMUM DEPARTURE FROM THE ORDINANCE AND WE WOULD RESPECTFULLY REQUEST YOUR SUPPORT. THANK YOU. ALRIGHT, THANK YOU. ALRIGHT, IF COMMISSIONER ZUNA. ALRIGHT, I'M READY TO MAKE A MOTION REGARDING CASE NUMBER BO OA DASH 24 DASH 0 3 0 0 2 4 1. I MOVE TO THE BOARD OF ADJUSTMENT GRANT REQUEST FOR TWO FEET EIGHT INCHES VARIANCE FROM THE MINIMUM 20 FOOT SIDE SETBACK TO ALLOW A 17, UH, FOOT FOUR INCH US 21 NORTH GATEWAY CORRIDOR SIDE SETBACK ON THE PROPERTY ON THE SOUTHERN PROPERTY LINE. UH, FURTHER DEFINED, IF WE WILL, BEING THE LAST SEVEN FEET OF THE FIRST 90 FEET OF THE OVERLAY DISTRICT AS PRESENTED IN THE SITE PLAN EXHIBIT ALL SITUATED AT 2000, UH, 2006 7 8 2 BULVERDE ROAD, APPLICANT BEING 2021 FH BULVERDE, LLC. BECAUSE THE TESTIMONY PRESENTED TO US OF THE FACTS THAT WE DETERMINE SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE SIDE SETBACK VARIANCE IS NOT CONTRACT TO THE PUBLIC INTEREST, AS SUFFICIENT SPACE WILL REMAIN IN, IN RESPECT TO THE GATEWAY CORRIDOR. TWO, DUE TO SPECIAL CONDITIONS, THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE SIDE CORRIDOR SETBACK ORDINANCE WILL RESULT IN UNNECESSARY HARDSHIP. THE CON CONFIGURATION OF THE LAW OF PROPOSED COMMERCIAL STRUCTURES HAVE LIMITED SPACE RELATIVE TO THE CORRIDOR SETBACKS. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS THE STATUTE OF JUSTICE WILL BE DONE. THE REQUESTED SIDE CORRIDOR SETBACK VARIANCE, UH, DOES APPEAR TO BE IN THE SPIRIT OF THE ORDINANCE AS THE REQUESTED VARIANCE IS, IS MINIMAL ADEQUATELY DISTANCED FROM THE HIGHWAY AND WOULD OTHERWISE, UH, ALLOW DEVELOPMENT OF THE LOT FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER, THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACT OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THAT THE COURT, THE SIDE, UH, CORRIDOR SETBACK VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES AS SUFFICIENT SPACE WILL REMAIN IN RESPECT TO THE CORRIDOR AND WILL AND WILL ALLOW DEVELOPMENT ON THE LOT TO PROCEED. AND SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL AND NOT DUE TO THE RESULT OF THE GENERAL CONDITIONS OF THE DISTRICT, WHICH THE PROPERTY IS LOCATED. STAFF FINDS A UNIQUE CIRCUMSTANCE EXISTING ON THE PROPERTY FOR THE SIDE CORRIDOR. STEPBACK VARIANCE IS, IS THE LOT AND DIMENSIONS AND OF MOTION. IS THERE A SECOND? SECOND BY COMMISSIONER MANNA SECOND. ALL RIGHT. COMMISSIONER ZUNA. RIGHT. SO I'M GONNA BE SUPPORTING THE VARIANCES READ. AS YOU NOTED, I LIMITED THE, UH, THE SIDE STEPBACK, UH, VARIANCE TO THE SPECIFIC, UH, APPROXIMATELY SEVEN FEET, UH, THAT LAST 90 FEET. SO VERY MINIMAL [01:30:01] IMPACT. ADDITIONALLY, UH, THIS, UH, ONE VARIANCE WILL PREVENT A CASCADE OF VARIANCES IF THIS VARIANCE WERE TO BE DENIED FOR THEM TO BE ABLE TO UTILIZE THE SITE IN ANY, UM, EFFICIENT USE, UH, THAT WOULD REQUIRE VERY, UH, NUMEROUS OTHER SET VARIANCES TO TRY TO ACCOMMODATE THE USE OF THE PROPERTY. SO FOR THAT REASON, AND THEN THERE WAS NO OPPOSITION FROM THE, UH, UH, NEIGHBORING PROPERTY OWNERS AND, UH, NO OPPOSITION FROM THE NEIGHBORHOOD ASSOCIATION. AND, UH, OTHERWISE, UH, YOU KNOW, IT PUTS, UH, GOOD COMMERCIAL USE FOR THE PROPERTY COMMISSIONER MANNA. UM, I AGREE WITH . YOU, I GUESS AS I NOTED EARLIER, I I, I DIDN'T SEE HOW IT WAS OUT OF CHARACTER BECAUSE THERE REALLY IS NO CHARACTER. UM, AND, AND WE'RE ESTABLISHING IT HERE. AND SO, SO FROM THAT PERSPECTIVE, I THINK IT IS CONSISTENT, UH, WITH WHAT I WOULD EXPECT TO SEE DEVELOPED IN THAT QUARTER. ALL RIGHT. ANYONE ELSE LIKE TO ADD? I'M GONNA CLOSE SAYING I'M IN SUPPORT, UH, BECAUSE I KNOW THE ALTERNATIVE IS THAT THEY'D HAVE TO MOVE THE BUILDING BACK, GET RID OF SOME OF THE DRIVE THROUGH STACKING, AND IT'S NOT GOOD FOR ANYBODY. SO LET'S HAVE A ROLL CALL. VOTE PLEASE. AND CAN I, REAL QUICK, THE WAY YOU WORDED IT, WAS IT THE LAST SEVEN FEET OF THE 90 FOOT FRONT SETBACK? YES, EXACTLY WHAT I SAID. ALRIGHT. UM, IS THAT GONNA BE A PROBLEM? JUST, CAN YOU WORD THAT AS, UM, BEYOND THE LAST, UH, OR PAST THE SEVEN FOOT? I I DON'T WANT IT TO LIMIT IT TO THE, JUST THE SEVEN FOOT. UM, I KNOW THAT THE OVERLAY DISTRICT, UM, IS READ AS PROPERTIES OR PORTIONS OF PROPERTIES, JUST, JUST SO THERE'S NO CONFUSION. CAN IT BE, UM, BEYOND, UM, BEYOND THE 90 FEET, BEYOND THE, I GUESS 83 MORE THEN? UM, STARTING WITH THE 83 FEET FROM THE FRONT STEP BACK. BE BACK, YEAH. BECAUSE AFTER SAME THING YOU'RE SAYING IS JUST, I JUST WANNA MAKE SURE NO, I'LL ACCEPT, I'LL ACCEPT THAT VERBIAGE BECAUSE AFTER THE, AFTER THE FIRST 90, THERE IS NO SETBACK REQUIREMENT ON A COMMERCIAL, ON A COMMERCIAL ABUTTING A COMMERCIAL. RIGHT? I JUST WANNA MAKE SURE. UM, I JUST WANNA MAKE SURE THERE'S NO CONFUSION BECAUSE I DON'T WANT THEIR, UM, THE, THE WAY THE CORRIDOR OVERLAYS IS WORDED, UM, THAT MIGHT NOT BE A HUNDRED PERCENT CLEAR WHETHER PAST 90 FEET STILL APPLIES, EVEN IF IT'S PART OF THE PROPERTY. SO, SO, UH, WHAT DO YOU THINK COMMISSION , DO YOU AMEND THE MOTION TO, UH, AMEND THE MOTION TO TAKE, PASS THE 83, UM, PASS THE 83 VOTE. YEAH. FRONT SETBACK. FRONT SETBACK ACCEPTED. OKAY, LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER ANA? YES, I CONCUR. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER, I BONIS, I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER OZ? YES, I CONCUR. COMMISSIONER KAPLAN? I CON, I CONCUR. CHAIR ORIAN AND I CONCUR THE FINDINGS OF FACT. MOTION PASSES 11 TO ZERO. CONGRATULATIONS. THANK YOU. IF YOU HAPPEN TO HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. THANK YOU. ALL RIGHT, ITEM NUMBER FIVE. WE DO HAVE THE APPLICANT FOR ITEM NUMBER ONE HERE, AND I GUESS WE'RE GONNA HEAR ITEM NUMBER ONE. YES. WOULD YOU LIKE FOR ME TO REPEAT THE PRESENTATION? IS THERE ANY COMMISSIONERS WHO WOULD NEED THE PRESENTATION REPEATED? HEARING NONE. UH, NO, THAT'S NOT NECESSARY. I THINK WE'RE AT THE POINT WHERE THE APPLICANT COME FORWARD. ALL RIGHT. PLEASE STATE YOUR NAME, TELL US ABOUT YOUR PROJECT. UH, CHRIS COKER, AND I APOLOGIZE FOR THE TARDINESS THERE. THANKS FOR TABLING IT AS IF I DIDN'T NEED, UH, A LARGER MOUNTAIN TO CLIMB HERE. UM, BUT I APPRECIATE YOU GUYS, UH, BEING PATIENT. SO IF YOU WANT, UM, I ON THAT. OKAY. UM, SO DID, DID, UH, TOBIN HILL, DID YOU PRESENT ANYTHING ELSE, UM, FROM THEM TODAY? UH, OPPOSITION. NOT THAT I CORRECT THE LETTER. OKAY. NO, I'M, I'M SURE I KNOW WHAT IT SAYS. AND DID THE KUSHNERS HAVE A CHANCE TO SPEAK AS WELL? UH, NOT YET. DID YOU WANT THE OPPOSITION TO SPEAK PRIOR TO ME OR NO? WE, WE, WE, WHAT WE'RE GONNA DO IS HEAR YOU SPEAK OKAY. SEE IF YOU HAVE ANY QUESTIONS, AND THEN WE'LL HEAR PUBLIC COMMENTARY. GOT IT. AND THEN I'LL BE ABLE TO REBUT THEM AS WELL. OKAY. UH, REAL QUICK, [01:35:01] JUST, UM, SOMEWHAT OF A REQUEST. UH, I KNOW I MAY NOT BE IN A POSITION TO DO REQUESTS RIGHT NOW, BUT, UM, TOBIN HILL NEIGHBORHOOD ASSOCI ASSOCIATION, IT WAS VERY CLEAR ON THE DECEMBER 16TH HEARING, UH, UH, AND SPEAKING WITH Y'ALL, THE ONES THAT WERE HERE FOR THAT ONE, UM, THAT, UH, SUPPORT WOULD BE EXTREMELY DIFFICULT, MORE DIFFICULT THAN IT WOULD BE IN A NORMAL CIRCUMSTANCE CONSIDERING THE VOTING RECORDS OF SEVERAL OF THE BOARD MEMBERS, UH, BEING OPPOSED TO STR TWO PERMIT EXCEPTIONS. UH, THAT IF TOBIN HILL DID NOT GIVE ME, UM, UH, OR DID NOT FIND IN FAVOR O OF MY STR TWO PERMIT, THAT CHANCES WERE HIGHLY UNLIKELY EVEN UNLIKELIER THAN IT IS NORMALLY TO, UH, GET THE STR R TWO EXCEPTION. SO THAT BEING SAID, UH, IMMEDIATELY AFTER THE MEETING, I DID, UH, MEET WITH THE REPRESENTATIVE FROM TOBIN HILL IN THE HALLWAY. UH, SO THAT WAS DECEMBER 16TH. I DID ASK HIM FOR A MEETING. THEN NON-COMMITTAL, UH, I DID FOLLOW UP ON DECEMBER 26TH, JANUARY 2ND, UH, JANUARY 14TH AND THE 25TH, MULTIPLE TIMES HE REFUSES TO, OR ANY OF THEM REFUSE TO MEET WITH ME. UH, WHICH I, I DON'T THINK IS ACCEPTABLE FOR A NEIGHBORHOOD ASSOCIATION, ESPECIALLY WHEN IN THEIR BYLAWS IT DOES MENTION THAT, UM, PART OF THEIR DUTY IS TO MEET WITH HOMEOWNERS AND, UM, COMMERCIAL DEVELOPERS IN REGARDS TO BUILDING AND, AND ZONING, ET CETERA, IN THEIR NEIGHBORHOOD. WHY THEY WON'T MEET WITH ME? I DON'T UNDERSTAND. LIKE I, I, I HAVE A VERY UNIQUE POSITION HERE. THIS ISN'T A, WOE IS ME. UH, PLEASE GIMME A STR TWO, TWO PERMIT BECAUSE I SCREWED UP. NO, THERE'S A WHOLE SEQUENCE OF EVENTS THAT I WANT THEM TO BE ABLE TO HEAR. 95, 90 6% OF WHAT Y'ALL HEAR TODAY IN MY PRESENTATION IS STUFF YOU HAVEN'T HEARD BEFORE. I PUT IN OVER A HUNDRED HOURS IN RESEARCHING ALL THE PREVIOUS STR TWO EXCEPTION CASES FOR THE PAST YEAR. I KNOW EVERYONE'S VOTING RECORD. I KNOW WHAT HAS PASSED, WHAT HASN'T, WHY IT HAS, WHY IT HASN'T. AND THE UNIQUE SET OF CIRCUMSTANCES THAT I'M PRESENTING TODAY ARE UNLIKE ANY OF THE ONES THAT YOU GUYS HAVE HEARD PRIOR TO THIS. UM, SO I DON'T THINK THAT IT'S, THAT IT'S FAIR OR RIGHT THAT, UH, TOBIN HILL CAN JUST GIVE THEIR OPPOSITION WITHOUT HEARING MY STANCE ON IT. UM, AND, AND HOW WE ACTUALLY GOT HERE TODAY. SO I'D ASK THAT, UH, THEIR OPPOSITION NOT BE TAKEN INTO CONSIDERATION OR ALLOW FOR A CONTINUANCE FOR ME TO, UM, TO TRY TO PERSUADE THEM TO MEET WITH ME. DO YOU HAPPEN TO HAVE ANY EMAILS? UH, I DO. YEAH. WHERE YOU WERE ATTEMPTING TO MEET WITH THEM? UH, NOW I DON'T WANT TO TAKE YOU FROM YOUR PRESENTATION, BUT I'M SURE THAT IT'S GONNA BE ASKED. SURE. SO SHOULD I SEND THESE TO JUST FORWARD THESE TO YOU OR WHAT, SIR? WE COULD JUST PROJECT THEM ON THE SCREEN, UM, FOR YOU. OKAY. UH, FIRST ONE. SO LIKE I SAID, THE FIRST TIME, UM, TO ENGAGE THEM WAS THE 16TH. AFTER THE MEETING, WE TALKED FOR ABOUT 10 OR 15 MINUTES IN THE HALL. THE KUSHNERS WERE PRESENT TO THAT AS WELL. UM, AND SO WAS MY ATTORNEY, ASHLEY, WHO I ASKED TO NOT EVEN BE HERE TODAY. UM, THE, SO THE 16TH, THIS ONE IS FROM DECEMBER 26TH, KIND OF GOING THROUGH THE HOLIDAY. I DIDN'T WANT TO BE TOO DEMANDING IN MY REQUESTS. UM, I DID, I UNDERSTAND THAT THEY ARE A VOLUNTEER GROUP, AND SO I DIDN'T WANT TO, UM, TO INTRUDE ON THEIR, THEIR HOLIDAYS. SO O THE, THIS ONE IS QUITE EXTENSIVE. I DIDN'T RECEIVE ANY WORD BACK FROM THIS. UH, FOLLOWED UP AGAIN ON, I BELIEVE A SECOND, AND I DON'T KNOW IF IT'S ON THE SAME EMAIL THREAD, BUT MY ATTORNEY WAS INVOLVED IN ASKING THEM AS WELL. SO HER OFFICE WAS, UH, REACHING OUT TO THEM AT THE SAME TIME, UM, I THINK IT WAS FINALLY ON THE 14TH OF JANUARY WHERE I GOT A RESPONSE WHERE THEY SAID THAT, UM, THEY ARE, THEY ARE STICKING TO THEIR STANCE AND THEY DO NOT FEEL THE NEED TO, TO MEET, TO DISCUSS. UM, I DIDN'T, I IMMEDIATELY SHOT BACK AN EMAIL AND I SAID, LISTEN, I RESPECTFULLY ASKED THAT YOU GIMME A LITTLE BIT OF FACETIME, ZOOM PERSON, WHATEVER IT MAY BE. UM, NO RESPONSE. CRICKETS. AND THEN FAST FORWARD TO LAST WEEK, OF COURSE, KNOWING THAT THIS HEARING IS APPROACHING, UH, I, I REACHED BACK OUT AND JUST SAID, HEY, I THINK IT WAS THE BEGINNING OF LAST WEEK, I SAID, HEY, CAN YOU, UM, PLEASE FIND SOME TIME FOR ME? GET A LITTLE FACETIME HERE. I I, I REALLY WANT TO EXPLAIN THE SITUATION. SO, UH, WHICH THEY DENIED. HE DENIED IT AGAIN AND THEN CALLED MY ATTORNEY INSTEAD OF TALKING TO ME ABOUT IT, [01:40:01] CALLED MY ATTORNEY JUST TO SAY THAT THEY'RE NOT GONNA CHANGE THEIR STANCE. IT'S WHICH, AND THE OTHER THING TOO IS THAT, UM, LISTEN, I, I, I GET IT. I UNDERSTAND THAT THERE'S SEVERAL BOARD MEMBERS THAT ARE STAUNCHLY AGAINST STR TWOS. GOT IT. A LOT OF PEOPLE ARE RIGHT. HOWEVER, THERE IS A UNIQUE CIRCUMSTANCE, SET OF CIRCUMSTANCES HERE THAT I FEEL WHEN PRESENTED TO Y'ALL, WOULD OPEN SOME EYES AND MAYBE, UM, HA SHOW A LITTLE MERCY. I DON'T EVEN THINK MERCY IS THE WORD BECAUSE I, I, THERE'S, THERE'S LAW THAT I'M GONNA CITE OR CITY CODE ORDINANCE, BUT ALSO KIND OF THE, THE, THE SYSTEM THAT THE CITY HAS DSD HAS FOR, UM, FOR LETTING YOU KNOW, IF A PROPERTY IS, UM, A VIABLE OPTION FOR AN SDR TWO PERMIT, IT'S COMPLETELY FLAWED. IT IS NOT GOOD. YOU CANNOT, AND I DON'T WANT TO JUMP TOO FAR AHEAD, I'LL GET, THIS IS PART OF MY PRESENTATION, BUT, UM, YOU CANNOT GET A DEFINITIVE ANSWER FROM THE CITY, UM, AS TO WHETHER OR NOT YOU ARE, UH, WILL BE GRANTED AN STR TWO PERMIT IF YOU ARE TO PURCHASE A PROPERTY. LIKE IF YOUR ORIGINAL INTENT IS THAT THEY CANNOT GIVE YOU A HUNDRED PERCENT UNEQUIVOCAL, YES, YOU ARE VIABLE FOR AN STR TWO PERMIT, AND YOU WILL BE GRANTED AN STR TWO PERMIT. I FIND BIG, BIG, BIG ISSUES WITH THAT. UH, THEY WANT REFER YOU TO THE ONE STOP MAP ON SD. RIGHT? GO TO THE ONE STOP MAP. WHAT IF THE ONE STOP MAP IS WRONG? IN THIS CASE? I THINK IT IS, UH, IT WAS, IT FOOLED SEVERAL PEOPLE, AND THIS IS JUST AN OVERVIEW OF MY PRESENTATION. IT FOOLED SEVERAL PEOPLE THAT ARE VERY PRIVY TO, UH, SHORT-TERM RENTALS HERE IN SAN ANTONIO, INCLUDING MYSELF. I'M NOT, I'M NOT, UM, I'M NOT A PRO, BUT I'M NOT OBLIVIOUS. THIS ISN'T MY FIRST TIME. I DIDN'T GO INTO PURCHASING THIS HOUSE SAYING, OH YEAH, OH, I, I'LL JUST GO IN FRONT OF THE BOARD AND GET AN EXCEPTION. NO, I HAD THE FULL INTENT WHEN I SIGNED THAT CONTRACT AND PUT MY MONEY DOWN THAT THIS HOUSE WAS ELIGIBLE FOR AN STR TWO PERMIT. SO THERE'S A LOT GOING ON HERE. AND FOR TOBIN HILL NEIGHBORHOOD ASSOCIATION TO NOT MEET WITH ME OR ANYONE IN OPPOSITION TO NOT MEET WITH ME ABOUT IT, TO DISCUSS, I, I THINK IT'S DOING A, A BIG DISSERVICE. YEAH, I UNDERSTAND. THAT'S WHY I'D ASKED, UH, STAFF 'CAUSE ON, ON ONE STOP RIGHT NOW IT'S SHOWING THAT THERE'S THREE TYPE ONES AND TWO TYPE TWOS. SO WHAT, WHAT IS, WHAT IS THE COUNT ON THIS STREET AGAIN? I CAN SPEAK FOR THEM. WELL, I'M JUST ASKING STAFF BECAUSE I'M, I'M, I'M, I JUST PULLED UP THE ONE STOP MAP AND IT'S SHOWING THREE TYPE ONES AND TWO TYPE TWOS. THE PRESENTATION SAYS, SO THERE ARE CURRENTLY FIVE ACTIVE TYPE TWO SHORT TERM RENTALS. UM, FOUR OF THEM ARE LOCATED AT 3 2 7 EAST PARK. AND THEN THE REMAINING ONE IS AT 3 2 5 EAST PARK. SO 3 2 7 EAST PARK. OH, THAT'S WHY THERE'S A, BECAUSE THERE'S FOUR IN THAT ONE R UH, HOUSE. BUT CAN YOU TELL FROM THE ONE STOP MAP WHEN YOU LOOK AT IT THAT IT HAS FOUR GRANDFATHERED, WHICH ARE NOT EVEN ALLOWED TO HAVE FOUR. I UNDERSTAND STATUTE PERMITS ON ONE PROPERTY. SO WHY DON'T YOU BEGIN WITH YOUR PRESENTATION? GOT IT. I JUST WANTED THAT, THAT'S WHERE MY LINE OF QUESTIONING WAS PREVIOUSLY. I DIDN'T REALIZE THAT THERE WAS FOUR UNDER ONE ROOF. OH, JUST BEFORE HE BEGINS. YES. COMMISSIONER Z CONSIDERATION FOR THE CONTINUANCE FOR HIM TO TRY TO REACH OUT TO TOBIN. ARE WE PAST THAT POINT? AT THIS POINT, I AM NEVER OPPOSED TO SOMEONE REACHING OUT TO A NEIGHBOR ASSOCIATION. UH, BUT IF HE'S GOTTEN THREE OR FOUR EMAILS AND THEY'RE JUST NOT GONNA DO IT, I MEAN, I, I'M JUST BEING RESPECTFUL OF THE OTHER MEMBERS OF THE BOARD THAT WERE TRYING TO SEEK SOME KIND OF INPUT THAT MAY OR MAY NOT HAPPEN. STEVENS COMMISSIONER STEVENS, WE'VE ALREADY CONTINUED THIS MULTIPLE TIMES, RIGHT? YEAH, YEAH. LET'S JUST HEAR IT. GO AHEAD. MANNA. COMMISSIONER MANNA. SO I KNOW THAT WE HAVE AN, I THINK A NUMBER OF PEOPLE HERE TO SPEAK. UM, YOU KNOW, I GUESS I'D ASK, YOU KNOW, ARE ANY OF THOSE MEMBERS PART OF THE BOARD? THE, THE, THE TOBIN HILL BOARD? YOU'RE NOT PAST PRESIDENT? YES. OKAY. ALL RIGHT. WHY DON'T YOU CONTINUE WITH YOUR PRESENTATIONS. OKAY. UH, SO LIKE I SAID BEFORE, UM, YOU KNOW, I DIDN'T PURCHASE THIS PROPERTY. IF YOU WOULD GO TO THE NEXT ONE. I DIDN'T PURCHASE THIS PROPERTY WITH THE INTENTION OF HAVING TO APPLY FOR A TR TWO EXCEPTION. UH, I WAS ACTUALLY ON MY HONEYMOON HALFWAY ACROSS THE WORLD, AND THIS POPPED UP IN THE COMMUNITY OF HISTORICAL PROJECTS OR HISTORICAL HOUSES. UH, I'M KNOWN AS SOMEONE THAT, UH, SEEKS OUT AND DOES A LOT OF HISTORICAL, MAJOR HISTORICAL RENOVATIONS. NOT A SINGLE ONE OF MINE IS 150. UH, THE RE REHAB IS NOT LESS THAN 150,000. I'VE DONE UP TO A $600,000 REHAB IN KING WILLIAM. UM, SO MY INTENT, AND IT LOOKED LIKE, UM, THAT IT WAS GONNA BE ELIGIBLE FOR, THERE ACTUALLY WAS ANOTHER, UH, UH, LITTLE DOT ON THE ONE STOP MAP. SO THERE WAS THREE, THERE'S 33 HOUSES ON THE [01:45:01] BLOCK FACE, WHICH WILL ALLOW UP TO FOUR TR TWOS. SO, UH, LOOKING AT IT, FIRST GLANCE LOOKED GOOD. UH, I CHECKED WITH, WELL, I HAD THE BROKER LOOK, DOUBLE CHECK. SHE REACHED OUT TO, UM, SOME SPECIALIST. THEY CONFIRMED LOOK GOOD. ALSO, ANOTHER ONE THAT YOU GUYS, UM, ON THE BOARD, UH, HAVE, HAVE SPOKE WITH BEFORE, SHELLY GALBRAITH, UH, SHE'S THE STR, UH, SA PRESIDENT. AND SO IF ANYONE WOULD KNOW WHETHER OR NOT THIS PROPERTY WAS ELIGIBLE FOR THAT, UH, YOU WOULD THINK IT WOULD BE HER. AND, UH, WE'LL SEE IN A LATER SLIDE THAT, UM, MESSAGES BETWEEN HER AND I. SHE THOUGHT IT WAS ELIGIBLE AND IT WENT, IN FACT, IT WAS NOT. UM, I CAN GO ON TO THE NEXT ONE. SO A COUPLE TIDBITS REAL QUICK. UH, JUST BECAUSE OF ALL THE RESEARCH I'VE DONE ON THIS, I, I THOUGHT THAT ADDING SOMETHING LIKE THIS MIGHT HELP. I KNOW I'M NOT TRYING, I'M NOT TRYING TO CHANGE THE STR WORLD, BUT I AM TRYING TO CHANGE MINDS OF Y'ALL ON THIS PARTICULAR CASE. SO, UH, BIG, UH, BIG KEY POINT, AND I DO LISTEN TO OTHER NEIGHBORS, RIGHT? UH, ESPECIALLY THE KUSHNERS THE LAST TIME, ONE OF THE, THERE'S TWO THING MAJOR STICKING POINTS FOR THEM. ONE WAS PARKING AND ONE WAS THAT THEY WANTED NEIGHBORS. THEY WOULD PREFER A LONG-TERM RENTER OVER AN STR OWNER. UM, PART OF LOOKING AT, UH, THE LENGTH OF OWNERSHIP ON PROPERTIES IS THAT, YOU KNOW, IN THESE OLD HISTORICAL HOUSES, THEY'RE, IT'S SO EXPENSIVE TO REHAB THESE. YOUR AVERAGE FAMILY'S NOT GONNA DO IT. THEY'RE NOT GONNA BUY IT. MATTER OF FACT, I WENT THROUGH ALL THE SALES FOR THE PAST TWO YEARS IN TOBIN HILL, 91 SALES. I COULDN'T FIND A SINGLE PROPERTY IN WHICH A FAMILY ACTUALLY BOUGHT ONE OF THE HOUSES AND DID THE RENOVATION THEMSELVES. WHERE DOES THAT LEAVE US? THESE HOUSES ARE A HUNDRED PLUS YEARS OLD. THEY'RE DILAPIDATED, SOME OF THEM, UM, AND THEY'RE IN NEED OF REPAIR. THEY'RE IN NEED OF BEAUTIFYING, AS YOU SAW ON THE PREVIOUS SCREEN. THE HOUSE IS, IS LOVELY NOW, IT WASN'T, IT WAS FALLING DOWN. UH, PORT FRONT PORCH WAS ON, THE SECOND STORY WAS HANGING DOWN. IT WAS NOT IN GOOD SHAPE. ANYWAYS, POINT IS, IS THAT, SO YOU HAVE THREE TYPES OF PEOPLE THAT ARE GONNA BUY IT. YOU'VE GOT A FAMILY WHICH TYPICALLY STAYS IN A HOUSE AROUND 13 YEARS. UM, LONG-TERM RENTERS, WHICH CAN, THEY WANNA HOLD THIS PROPERTY FOREVER UP TO 30 YEARS. SO IF YOU GET A LONG-TERM RENTER TO BUY, FIX UP ONE OF THESE OLD HISTORIC HOUSES, YOU'RE NEVER GETTING A FAMILY IN THERE. YOU CAN SAY THAT YOU WANT TO HAVE, YOU CAN SAY THAT YOU WANT TO HAVE SOMEONE IN THE HOUSE FOR A YEAR, BUT THEN IT'S ANOTHER YEAR, A DIFFERENT PERSON, ANOTHER YEAR, A DIFFERENT PERSON. LIKE, AND YOU CAN HAVE THE WORST TENANTS FOR THAT YEAR. UM, WHICH I HAVE PLENTY OF HORROR STORIES OF, UH, LONG-TERM TENANT OR LONG-TERM OWNERS THAT THE TENANTS ARE JUST TERRIBLE NEIGHBORS. HATE 'EM. ANYWAY, SO THEN YOU GOT A STR OWNERS, WHICH ON AVERAGE YOU CAN SEE HERE, UM, OWN A PROPERTY BETWEEN THREE AND FIVE YEARS. UH, SO THEY DID THE MAJOR WORK FOR THE NEIGHBORHOOD. UH, THEY BOUGHT THE HOUSE, DID ALL THE EXPENSIVE REHABS AND UPGRADES, UM, TOOK CARE OF IT DURING THE MEANTIME. AND THEN NOW THERE'S POTENTIAL, UH, AFTER THIS THREE TO FIVE YEAR INCUBATION PERIOD FOR A FAMILY TO PURCHASE AND MOVE INTO THIS HOUSE. THUS GIVING THESE NEIGHBORHOODS EXACTLY WHAT THEY WANT. THEY DON'T UNDERSTAND THAT THEY HAVEN'T DONE THE RESEARCH ON IT. MATTER OF FACT, I HAVE NOT DONE THE RESEARCH ON IT UNTIL THIS PAST MONTH. I FOUND A TON OF STUFF. I WANT TO KEEP IT ROLLING. UM, 'CAUSE I COULD, I COULD SIT HERE FOR TWO HOURS AND I KNOW Y'ALL WOULD HATE ME, SO I'M GONNA TRY NOT TO DO THAT. UM, NOW ANOTHER THING THAT THEY, THAT, UM, SEVERAL PEOPLE HAVE TALKED ABOUT IS LIKE, WE'RE TALKING LONGER TERM TENANTS, RIGHT? WELL, CURRENTLY I HAVE THIS HOUSE FOR UP ON THE AIRBNB FOR 30 PLUS DAY RENTALS. I HAVE SIX COLLEGE STUDENTS THAT WANT TO RENT IT FROM ME. THOSE SIX COLLEGE STUDENTS I MET WITH LAST WEEK, THEY WANT TO, THEY WANT TO BE, UH, RENT THE HOUSE FOR THE 25 26, UM, YEAR. THERE'S SIX STUDENTS, SIX VEHICLES. I HAVE PARKING FOR FOUR ON THAT PROPERTY. PART OF, UH, SOME OF THE COMPLAINTS THAT I'VE HEARD FROM NEIGHBORS, UM, IS THE PARKING SITUATION. THAT'S NOT A GOOD PARKING SITUATION. NOW, THIS IS A, THAT IS A LONGER TERM TENANT. BE CAREFUL WHAT YOU WISH FOR. I DON'T KNOW THAT I'VE EVER HAD ANOTHER AIRBNB OF MINE AND I ONLY HAVE A FEW THAT HAS ACTUALLY HAD SIX VEHICLES AT A TIME. AND I DON'T HAVE LIKE, SUPER SMALL PROPERTIES. THEY'RE NOT ONE BEDROOMS. THEY'RE ALL THREE BEDROOM PLUS. SO THAT YOU'RE GONNA LIVE WITH THAT FOR A WHOLE YEAR. I DON'T KNOW. UM, AND IF YOU COULD SEE IN THE LOWER LEFT HAND CORNER THERE, THIS IS GONNA GO INTO SPEAKING OF MY CREDIBILITY AS A SUPERHOST IN A LITTLE BIT, BUT I DID THE PROPER THING. I DO THE PROPER THING. I VET MY GUESTS SO I DON'T HAVE CRAPPY GUESTS COME STAY AT MY HOUSE. I HAVE ZERO COMPLAINTS FROM ANY OF MY NEIGHBORS EVER. I HAVE A 4.96 RATING WITH OVER 700 REVIEWS IN THE PAST THREE AND A HALF YEARS. LIKE THAT'S, IT'S A STELLAR RATING. AND YOU'RE GONNA SEE A LOT OF THE REVIEWS IN A LITTLE BIT THAT, THAT WORK TO THIS. BUT [01:50:01] THIS IS THE WAY YOU SHOULD VET. LOOK, I GOT THIS HOUSE SITTING HERE. I WOULD LOVE TO HAVE EIGHT MONTHS OF BOOKINGS. I DON'T SAY, OH, OKAY, YEAH, SURE. COME ON STUDENTS. BRING YOUR SIX VEHICLES. COME IN HERE AND TEAR UP MY HOUSE AND SCREW THE NEIGHBORS, RIGHT? I SIT THERE AND I SAY, LOOK, I'M NOT SURE THAT I WANNA RENT TO COLLEGE STUDENTS. YOU KNOW, LET'S MEET. AND I MET WITH THEM AT SUMMER MOON ON ST. MARY'S TO DISCUSS IT LAST WEEK. SO THAT IS HOW A RESPONSIBLE STR OWNER SHOULD HANDLE THE SITUATION. PLEASE LET ME ALSO ADD THAT, UM, A, A HOUSE LIKE THIS. SO THE TOBIN HILL NEIGHBORHOOD ASSOCIATION AND, AND OTHER NEIGHBORS WANT NEIGHBORS THERE. UH, IT'S BEEN SAID THAT STR TAKE AWAY FROM, UM, HOUSING IN, IN THESE COMMUNITIES, RIGHT? OR FOR STARTER HOMES. THIS ISN'T A, MY HOUSE IS NOT A STARTER HOME. A $750,000 HOUSE. IT'S NOT A STARTER HOME. I BOUGHT IT FOR OVER A HALF A MILLION AND PUT A QUARTER MILLION INTO IT. IT'S ABSOLUTELY STUNNING. TOP TO BOTTOM. AND YOU'RE NOT GONNA FIND SOME KIDS COMING OUTTA COLLEGE THAT ARE COME GONNA COME BUY THIS HOUSE. IT'S JUST NOT GONNA HAPPEN. YOU AREN'T GONNA FIND A FAMILY THAT'S GONNA COME IN AND BUY THIS HOUSE, DILAPIDATED, WAIT TWO YEARS WHILE IT'S BEING RENOVATED AND PUT IN A QUARTER MILLION DOLLARS AND BE DISPLACED FOR THOSE TWO YEARS. NOT GONNA HAPPEN. IT'S PEOPLE LIKE ME THAT LOVE HISTORICAL PROJECTS THAT ARE FROM SAN ANTONIO, BORN AND RAISED. I'VE BEEN HERE 44 YEARS, PROBABLY MORE, MORE THAN ANYONE IN THIS ROOM OR CLOSE TO IT. AND I'M HEAVILY VESTED IN THE CITY. I AM WOVEN INTO THE FABRIC OF THIS CITY. SO FOR, FOR NEIGHBORHOOD ASSOCIATIONS AND OTHERS TO TREAT ME LIKE I'M SOME KIND OF PARIAH BECAUSE I COME IN AND DO THIS, THAT'S NOT, THAT SHOULDN'T BE THE CASE. LIKE, IT IS RARE TO HAVE SOMEONE, AND I'M NOT TRYING TO TOOT MY OWN WHISTLE, BUT TO HAVE SOMEONE THAT GIVES A CRAP TO COME IN AND DO EVERYTHING RIGHT ON THESE PROPERTIES, GET ALL OF YOUR CERTIFICATE OF, UH, UH, ALL YOUR CERTIFICATES WITH THE OHP AND HDRC. I'VE BEEN IN COUNTLESS MEETINGS WITH THEM OVER YEARS. IT'S VERY RARE THAT SOMEONE WILL COME IN AND ADHERE TO THAT STUFF AND DO THIS. SO, UM, NOW LOOK, NOW WE'RE LOOKING AT THE, THE ONES THAT OPPOSE ME. NUMBER ONE, THE KUSHNERS BEHIND ME HERE. UM, NO DISRESPECT TO THEM, BUT THEY'RE OUTSIDE OF THE 200 FOOT MARK, UH, AT 4 0 5 EAST MYRTLE. SO I'D, I'D RESPECTFULLY ASK THAT THAT BE TAKEN INTO CONSIDERATION BECAUSE I DON'T KNOW THAT ANYONE, UH, MENTIONED THAT. UH, NOW HAVING GOT THE CONTINUATION LAST TIME I LOOK INTO THESE A LITTLE BIT FURTHER TO SEE LIKE, MAN, WHY ARE SO MANY PEOPLE OPPOSING ME? YOU KNOW, I DID SUCH A GREAT JOB WITH THIS RENOVATION. I'M A GOOD NEIGHBOR TO THE ONES YOU SEE, THE CHECK MARKS THAT ARE IMMEDIATELY NEXT TO ME. UH, I HAVE A CLOSE RELATIONSHIP WITH THEM. WE TALK ALL THE TIME. AND SO THEN I GET TO LOOKING THE ONE DOWN HERE ON THE LEFT, UH, 3 22 EAST PARK. IT'S A QUADPLEX. I DON'T KNOW WHY THE PICTURE DIDN'T COME UP, BUT IT'S A RENTAL. IT'S A LONG-TERM RENTAL. UM, THE TWO THAT ARE DIRECTLY NEXT TO ME, 3 27 AND 3 25, OBVIOUSLY LIKE HE WAS SAYING, 3 27 HAS THE FOUR GRANDFATHERED PERMITS. 3 25. UM, HAS A A TR TWO PERMIT AS WELL, WHICH IN MY RESEARCH I FOUND OUT THAT HE'S ILLEGALLY OPERATING THAT. AND I THINK THAT JOSEPH AND THE CITY MAY HAVE, UH, GOT ON HIM WHEN I BROUGHT THAT TO THEIR ATTENTION. UM, AND WHEN I SAY HE WAS ILLEGALLY OPERATING, HE HAS A MAIN UNIT IN THE FRONT AND A REAR UNIT IN THE BACK WITH A S STR TWO PERMIT. YOU'RE ONLY ALLOWED TO RENT ONE OR THE OTHER OR BOTH TOGETHER? NOT SEPARATELY, ONE AND ONE. SO, UH, THROWING STONES, HE'S, UH, TRYING TO BASH ME AND, AND, UM, OPPOSE MY STUFF. WELL, HEY, YOU'RE NOT NECESSARILY ON THE UP AND UP. MY GUY. UM, THE ONE RIGHT NEXT TO ME, 3 27 EAST PARK, CATHERINE, WE'VE TALKED, SHE'S NICE. I HAVE TEXT MESSAGES FROM HER SAYING THAT I'M A GOOD NEIGHBOR AND I DID A GREAT JOB WITH THE HOUSE, BUT I ALSO HAVE TEXT MESSAGES FROM HER SAYING THAT, UM, THAT I'M COMPETITION. SHE, SHE DOESN'T, AND THAT'S WHY SHE DOESN'T SUPPORT ME. AND I'M NOT REALLY, IT'S A QUAD. SHE HAS FOUR ONE BEDROOM UNITS. MINE IS A COMPLETE WHOLE HOUSE. SO I TRIED TO EXPLAIN THAT TO HER. I EVEN TRIED TO REMEDY THE SITUATION PRIOR TO THAT BY SAYING, HEY, LISTEN, YOUR ZONE MULTIFAMILY, YOU'VE GOT FOUR UNITS. IT ACTUALLY LOOKS LIKE SHE HAS A FIFTH IN THE BACK. BUT SHE CLARIFIED IT'S NOT. I SAID, LISTEN, IF YOU HAVE A FIFTH UNIT ON YOUR PROPERTY, THIS WOULD BE TURNED INTO A MULTIFAMILY AND YOUR FOUR, UM, STR TWO PERMITS WOULD COME OFF THE, UH, BLOCK FACE COMPLETELY. I OFFERED TO PAY FOR THAT. I TOLD HER I WOULD BUILD HER A UNIT BECAUSE I KNOW HOW DIFFICULT IT IS COMING IN HERE TO GET THE EXCEPTION FOR AN S STR TWO. I ALSO KNOW THAT I HAVE ANOTHER ONE THAT I HAD CAME IN FOR EARLIER LAST YEAR, WHICH I AM IN THE MIDDLE OF A LAWSUIT ON, AND IT'S [01:55:01] JUST GONE TO FEDERAL COURT. WE HAVE MEDIATION NEXT MONTH. SO I'M INTO THAT THING FOR 40 GRAND RIGHT NOW. UM, AND SO I KNOW THAT PAYING FOR A UNIT FOR HER IS GONNA COST ME 30, 40 GRAND. I COULD SAVE THE HEADACHE. SHE TURNED ME DOWN BECAUSE IT'S COMPETITION. IT'S COMPETITION. UM, ALSO ACROSS THE STREET FROM THE KUSHNER'S THERE, YOU GOT ANOTHER ONE THAT'S A MULTIFAMILY SIX UNITS. UM, YOU SEE THE PARKINGS, IT'S NOT BECOMING, IT'S NOT, IF I WAS A NEIGHBOR, I WOULDN'T WANT THAT IN FRONT OF ME. I WOULDN'T WANT SIX UNITS SITTING THERE IN FRONT OF ME. UM, AND THEY'VE GOT, I DON'T KNOW, 10 OR 15 TRASH CANS LINED UP ON THE OTHER SIDE. I DIDN'T WANT TO INUNDATE WITH TOO MUCH PICTURES. OH, ALSO THE ONE FOR, UH, 3 22 EAST PARK. THE ACTUAL OWNER OF THAT IS THE OTHER EX UP THERE FOR, UH, AT 3 29. SO HE KIND OF HAD TWO OPPOSING VOTES WITHIN THAT SAME 200 FOOT AREA. UH, NOW THE TWO NEIGHBORS RIGHT HERE WITH THE CHECK MARKS, LIKE I SAID, WE TALK ALL THE TIME. WE'RE IN TEXT MESSAGE. I'VE BEEN IN THEIR HOUSES. UM, I HELPED THEM. THEY HELPED ME, YOU KNOW, SO JUST TO SAY LIKE, HEY, I'M A GOOD NEIGHBOR. I'M NOT. JUST BECAUSE I'M A STR OPERATOR ON THIS PARTICULAR HOUSE DOESN'T MEAN THAT I'M A, A TERRIBLE PERSON OR A BAD NEIGHBOR. THAT'S, IT'S QUITE THE OPPOSITE, ACTUALLY. UM, IF YOU WOULD GO TO THE NEXT ONE. UH, SO THESE ARE THE TWO RECOMMENDATIONS FROM THOSE TWO NEIGHBORS. THE NEXT ONE, UH, NOW THIS TAKES US TO WHAT YOU WERE LOOKING AT FOR THE ONE-STOP MAP. THIS IS THE LITERAL MAP THAT I TOOK A PICTURE OF, UM, WHEN I WAS OUT OF THE COUNTRY AND I DECIDED TO PUT A CONTRACT ON THIS. THAT IS WHAT IT LOOKS LIKE. YOU SEE THOSE TWO RIGHT THERE. NOW, I DON'T KNOW ANYTHING ABOUT GRANDFATHERED ST. NOT A CLUE. ALL I KNOW IS THAT YOU CAN'T HAVE ONE MORE THAN STR TWO ON A PROPERTY. THIS IS ALL I KNOW. I STARTED DOING AIRBNB 2000, UH, 21. SO GO TO THE NEXT ONE. THIS IS THE ME CHECKING OUT WITH OTHER PEOPLE PRIOR TO, UM, PRIOR TO THE PURCHASE OR COMMITTING TO PURCHASE IT, WHERE NOT ONLY DID I DO MY DUE DILIGENCE THAT I THOUGHT BY LOOKING AT THAT ONE STOP MAP THAT YOU SAW, UM, BUT ALSO TALKING TO OTHER PEOPLE ABOUT IT AND TRYING TO FIGURE OUT WHETHER OR NOT IT WAS STR TWO ELIGIBLE. UM, SO ONCE I DID BUY THE PROPERTY, GOT BACK, UH, WE STARTED DOING THE RENOVATIONS ON IT. UH, I APPLIED FOR THE STR TWO PERMIT IN WHICH I WAS DENIED. SO REALLY, THIS IS JUST AN EXPLANATION OF THE, OF THE PROPERTIES NEXT TO ME BEING GRANDFATHERED, ET CETERA. IF YOU GO THE NEXT ONE, WHICH, AND I COMPLETELY UNDERSTAND, DSD AND LOGAN AND RILEY'S POINT, UH, STANCE ON THAT. LIKE THEY, THEY HAVE THEIR HANDS TIED, RIGHT? UM, THAT IT IS WHAT IT IS. THE HOUSE NEXT DOOR HAS FOUR. THE ONE NEXT TO THAT HAS ONE. THEY CAN'T DO ANYTHING. IT'S UP TO THE BOARD TO DO ANYTHING FROM THERE. NOW, IF YOU LOOK AT THIS ONE RIGHT HERE, THIS IS SOMETHING ELSE THAT WE WERE LOOKING AT. JUST THE TOP IS, IS WHAT YOU WOULD SEE ON A, A RESIDENTIAL HOME, A SINGLE FAMILY HOME WHERE IT DOES SAY, HEY, THIS IS THE ADDRESS. TYPE TWO, THE ONE AT THE BOTTOM IS THE HOUSE IMMEDIATELY NEXT TO ME, THE 3 27 EAST PARK, IT IS LABELED AS MULTIFAMILY APARTMENT. I DID NOT KNOW AT THE TIME, AND THERE WAS SEVERAL EMAIL EXCHANGES WITH, UM, LOGAN AND RILEY ABOUT IT. I DID NOT KNOW THAT MULTIFAMILY WAS FIVE OR MORE. I THOUGHT TWO OR MORE. A DUPLEX PLUS IS MULTIFAMILY TO ME, MULTI DONE. SO AFTER MUCH DISCUSSION WITH THEM, UM, MULTIFAMILY IS FIVE PLUS. OKAY, GOT IT. UDC. I'M LIKE, OKAY, WELL, I DON'T TRUST THAT YOU'RE SAYING THAT. I GO LOOK UP TO UDC. SURE ENOUGH, IT'S FIVE OR MORE. EVERYBODY HERE I'M SURE KNOWS THAT. WELL, IT'S LABELED AS THIS MULTIFAMILY WITH THE CITY. WHY IS IT LABELED MULTIFAMILY WITH THE CITY YET? IT'S NOT CONSIDERED MULTIFAMILY. IT'S ANOTHER REASON. NEXT ONE. NOW, IF YOU GO ON A DSD WEBSITE AND YOU'RE LOOKING UP STR TWO PERMITS, YOU'RE GONNA FIND A LOT OF INFORMATION THAT DOESN'T GIVE YOU A LOT OF INFORMATION. UM, SO IF YOU LOOK RIGHT HERE, IT SPECIFICALLY SAYS A PROPERTY WITH FIVE OR MORE UNITS IS A MULTIFAMILY. COOL. GOT IT. NOW I KNOW LIMITED 12.5% OF THE TOTAL, TOTAL NUMBER OF UNITS ON THE, ON THE PROPERTY. THAT MEANS IT WOULD ONLY BE ALLOWED TO HAVE ONE ON THAT PROPERTY IF IT WAS MULTIFAMILY, RIGHT? I'VE GOT A PROPERTY NEXT DOOR WITH FOUR UNITS WITH FOUR R TWO PERMITS. LIKE HOW WOULD I KNOW THAT? HOW WOULD ANYBODY KNOW THAT? YOU CANNOT GO TO A SINGLE SPOT ON DSDS WEBSITE. AND IT SAYS, HEY, IF YOU'RE LOOKING TO GET AN TR PERMIT, STR TWO PERMIT, YOU NEED TO MAKE SURE A HUNDRED PERCENT SURE THAT THERE ARE NO GRANDFATHER PERMITS OR MORE THAN ONE GRANDFATHER PERMIT ON ANY OF THE PROPERTIES ON YOUR BLOCK FACE. [02:00:01] NOTHING ON THE ENTIRE WEBSITE. I HAVE SCOURED IT UP AND DOWN. UM, AND OBVIOUSLY IT SAYS ONLY ONE TYPE TWO. NEXT, PLEASE. UH, HERE'S SOME OTHER, UH, EXAMPLES OF THE DSD WEBSITE. IT EVEN SAYS, UM, SOMEONE SAYS, HEY, DID YOU ASK DSD ELIGIBILITY FOR AN STR PERMIT CANNOT BE MADE IN ADVANCE OF AN APPLICATION BEING SUBMITTED. I CAN'T INQUIRE TO DSD. WELL, I CAN. I FOUND OUT I HAVE. THEY CAN TELL YOU, MAYBE YOU CAN GET A PERMIT. DON'T KNOW. MAYBE YOU CAN, MAYBE YOU CANNOT. UM, IT ALSO SAYS TO CHECK AND SEE, UH, THE STR ACTIVITY REPORT. SO THIS IS THE, MAYBE YOU CAN, MAYBE YOU CANNOT. I JUST WANTED TO CHECK AND SEE. I WAS LOOKING AT ANOTHER PROPERTY. THIS IS, YOU CAN SEE IN DECEMBER. UM, I REACH OUT, SAYS, HEY, AS OF TODAY, THE ONE STOP MAP SAYS, YEAH, IT'S OKAY. YOU CAN DO THAT, RIGHT? UM, BUT THEN YOU SEE ME ON THE BOTTOM LIKE, THANK YOU. BUT YOU SAID YOU CANNOT GUARANTEE PERMIT ELIGIBILITY UNTIL I APPLY TO STAFF OR APPLY TO STAFF FOR A FULL REVIEW. DOES THIS MEAN I NEED TO APPLY FOR THE PERMIT FOR REVIEW? IS THAT SOMETHING THAT CAN ONLY BE DONE WHEN YOU OWN THE PROPERTY OR IS THERE ANOTHER CHANNEL THAT I DON'T KNOW ABOUT TO WHERE YOU CAN FIND OUT BEFORE YOU DECIDE TO BUY A PROPERTY? NOPE. THERE IS NO CHANNEL TO BE ABLE TO DO THAT. UH, YOU MUST OWN THE PROPERTY. IT MUST BE REFLECTED IN BCA. SO NOT ONLY DAY ONE, YOU'RE NOT ELIGIBLE TO GET AN STR TWO PERMIT THAT YOU CLOSE ON THAT HOUSE. YOU HAVE TO WAIT TILL IT FILTERS THROUGH TO BBA, AND IT SHOWS YOU AS THE OWNERSHIP HAS, OR IT SHOWS THAT OWNERSHIP HAS TRANSFERRED TO YOU, THE NEW OWNER. OTHER THAN THAT, YOU CAN'T, YOU DON'T KNOW. IT SEEMS LIKE AS A HOMEOWNER, YOUR RIGHTS ARE NOT PROTECTED AS FAR AS WHEN IT COMES TO THIS WITH THE CITY. LIKE IT'S, HEY, GOOD LUCK. GO SPEND A MILLION DOLLARS ON A HOUSE. WE'LL LET YOU KNOW IN A COUPLE WEEKS AFTER YOU OWN IT, WHETHER OR NOT YOU CAN GET THE TR TWO PERMIT OR NOT. NOW, THERE WAS NEXT ONE. LET'S SEE IF I'M GETTING AHEAD OF MYSELF HERE. HERE IS, I'LL GET TO ANOTHER POINT OF THAT IN A SECOND. HERE IS ALSO ANOTHER RESOURCE ON THE DSD WEBSITE. IF YOU LOOK UP HERE IN THE TOP RIGHT, LOOK AT THAT STREET EAST PARK AVENUE ACTIVE PERMITS. IT DOESN'T SHOW ANY ACTIVE PERMITS FOR THE TWO HOUSES NEXT TO ME. THIS WAS IN DECEMBER BEFORE MY DECEMBER 16TH HEARING, DECEMBER OF 24. THAT'S WHAT THAT SHOWED. HOW IS THAT EVEN POSSIBLE? HOW IS THAT POSSIBLE? AND YET, WE ARE EXPECTED TO BE PERFECT ON EVERYTHING WHEN WE'RE GOING THROUGH THE PROCESS. BUT DST, WHAT? I DON'T GET IT. UM, NEXT ONE. HERE'S ALSO ANOTHER. SO I DID COME TO FIND OUT AFTER MY WHOLE TO DO ABOUT THE GRANDFATHERED PERMITS, THEY ADDED A TYPE ONE AND A TYPE TWO GRANDFATHERED ON A ONE-STOP MAP THAT'S ALSO PULLED IN DECEMBER OF THIS LAST YEAR. BUT LOOK WHAT, LOOK WHAT IT SHOWS. THOSE TWO PROPERTIES AT 3 27 AND 3 25 ARE STILL UNDER THE TYPE TWO COLORING. THEY DON'T SHOW THE PURPLE TYPE TWO GRANDFATHERED PERMITS THERE. YOU WOULD NEVER KNOW TO LOOK FURTHER INTO THAT NEXT ONE. SO GOING THROUGH THE PAST YEAR, I DID FIND ANOTHER PROPERTY WHERE THE CITY DID KIND OF MESS UP. UM, AND IT WAS A CASE FROM 2021 WHERE, UH, IT WAS A QUADPLEX OF TOWN HOMES. THE, UM, THE WOMAN LIVES IN MEXICO, Y'ALL MAY REMEMBER THIS ONE. AND HER NAME WAS LIKE MARYANNE AND ANOTHER MARYANNE. AND SHE WAS TOLD THAT SHE WAS GONNA GET A PERMIT OR ELIGIBLE FOR THE PERMIT. AND YET, UH, THE OTHER MARYANNE CLOSED, LIKE THE DAY BEFORE HER. SHE ENDS UP GETTING THE PERMIT. THIS MARYANNE WAS LIKE, HEY, I GOT ALL THE EMAILS FROM, UH, KAYLA AL AT, WITH THE CITY SAYING THAT I'M ELIGIBLE AND I CAN GET THE PERMIT. WELL, WHAT HAPPENED? AN EXCEPTION WAS GRANTED. THAT WAS A, AN INSTANCE IN WHICH DSD KIND OF MESSED UP A LITTLE BIT IN REGARDS TO THAT, WHICH IT HAPPENS. LIKE WE ALL MESS UP, RIGHT? UM, SO AS I SAID BEFORE, UM, I'VE BEEN PARTY TO THESE INACCURACIES AND MISHANDLING OF, UH, SOME OF THEIR INTERNAL POLICIES AND, AND IT'S LIKE, YOU EXPECT US TO BE PERFECT ON ALL THIS STUFF. YET THE CITY CAN, THEY, THEY HAVE ZERO LEEWAY, CAN'T DO ANYTHING FOR YOU. SORRY, NEXT ONE. NOW, THE CRUX OF THE MATTER. SO THIS IS REALLY, UM, GOING THROUGH THIS [02:05:01] PROCESS A COUPLE YEARS AGO OR A YEAR AGO, YEAR AND A HALF AGO, UM, I'M STUDYING ALL THE CODE, ALL CITY CODE, UH, AND I CAME ACROSS AS BEAUTY, HISTORIC SPECIAL EXCEPTION. UM, THE BOARD IS ALLOWED TO GRANT A SPECIAL EXCEPTION IN THE SITUATIONS OF A DISTRESSED STRUCTURE. UM, THE RESTORATION OF THIS HOUSE, LIKE I SAID, I SPENT A QUARTER MILLION BUCKS ON IT. UH, IT WAS NOT A EASY ONE. IT WAS A VERY, IT WAS CHALLENGING AS ALL OUR, HIS ALL HISTORICS ARE. THIS IS ACTUAL CITY CODE. UM, NEXT ONE APPROVED BY YOUR MAYOR AND ALL THOSE DISTRICT COUNCILMEN AND WOMEN THERE. NOW, I WILL SAY THAT I HAVE AN OPEN FOIA REQUEST WITH THE CITY, WHICH THEY HAVE YET TO RESPOND. TRYING TO FIND OUT THE, UM, BECAUSE I HAVE BROUGHT THIS TO Y'ALL BEFORE. I'M TRYING TO FIND OUT THE ORIGINATOR TO, UH, THIS HISTORIC EXCEPTION, UH, THE DISCUSSIONS THAT WENT ALONG WITH IT, WHY IT WAS PLACED INTO THE CITY CODE AND ORDINANCE, UM, AND WHAT IS THE INTENT OF IT, RIGHT? I WOULD SAY THAT THE INTENT OF IT IS EVERYTHING THAT I AM TELLING YOU I'VE DONE WITH THIS PROPERTY. UM, YOU KNOW, THE FACT THAT YOU'RE NOT GONNA FIND A FAMILY, COME IN, BUY THIS PROPERTY, RENOVATE IT, ALL THAT STUFF THAT I TALKED TO YOU ABOUT EARLIER. ALSO, UM, THE CITY HAS TAKEN A LOOK AT THIS PROJECT, AND THEY HAVE DEEMED IT TO BE A MAJOR HISTORICAL RENOVATION. THEY HAVE LOOKED AT THE RECEIPTS, UM, THE BEFORE AND AFTERS. THEY'VE COME OUT TO LOOK AT THE PROPERTY, UH, SO MUCH SO TO WHERE, LIKE I SAID, THEY'VE GIVEN ME, UH, A HISTORIC EXEMPTION ON TAXES FOR, UH, THE SIGNIFICANT JOB THAT WE'VE DONE ON THIS PROJECT. SO THE CITY OF SAN ANTONIO HAS DEEMED THIS A MAJOR HISTORIC RENOVATION. THEY HAVE APPROVED THAT THAT WOULD LINE UP DIRECTLY WITH THE HISTORIC EXEMPTION THAT IS ON CITY CODE DIRECTLY. NOW, IN ADDITION TO THAT, WHICH I, I THINK THIS IS PROBABLY ONE OF THE MOST IMPORTANT ASPECTS HERE. UH, IN ADDITION TO THAT CITY CODE ON OH OH P'S WEBSITE, ON THE DSD WEBSITE, ON THEIR PAGES, UM, THEY TALK ABOUT HISTORIC PRESERVATION. I FIND THIS TO BE VERY INTERESTING. PRESERVATION IS GOOD FOR THE ECONOMY. REVE REINVESTING IN OUR HISTORIC BUILDINGS AND NEIGHBORHOODS HELPS US STABILIZE OUR PROPERTY VALUES AND COMMUNITY, AND PROMOTES TOURISM AND ECONOMIC DEVELOPMENT. PRESERVING OUR BUILD BUILT ENVIRONMENT HELPS TELL THE STORY OF SAN ANTONIO'S LONG, RICH, AND DIVERSE HIST HISTORY. TAKING CARE OF OUR OLDER BUILDINGS AND NEIGHBORHOODS PROVIDES A SENSE OF BELONGING, A COLLECTIVE MEMORY AND A SENSE OF PRIDE IN OUR PAST GOES ON TO SAY, ADDITIONALLY, HISTORIC PRESERVATION CONTRIBUTE CONTRIBUTES TO THE TOURISM INDUSTRY IN OUR CITY. VERY IMPORTANT, BECAUSE THAT IS DIRECTLY WHAT THE INHABITANTS THAT STR TWOS BRING IN. STUDIES HAVE SHOWN THAT THE HERITAGE VISITOR KEY TERM STAYS LONGER AND SPENDS MORE MONEY THAN ANY OTHER CATEGORY OF VISITOR. THESE PEOPLE ARE LOOKING FOR THE JEWELS THAT LOCALS CHERISH. OFTEN IT'S OUR HISTORIC BUILDINGS AND NEIGHBORHOODS THAT PROVIDE THIS, THAT SENSE OF PLACE AND COMMUNITY THAT ATTRACTS VISITORS WHILE CONTRIBUTING TO THE QUALITY OF LIFE FOR LOCAL CITIZENS. THAT IS BIG. THE HERITAGE VISITOR, THAT'S WHAT SAN ANTONIO WANTS. IT'S ON THE SAN ANTONIO WEBSITE, RIGHT? WE WANT HERITAGE VISITORS, ESPECIALLY AROUND THE DOWNTOWN AREA. THERE'S A REASON DISTRICT ONE AND DISTRICT TWO ARE SO, UM, SATURATED WITH SHORT TERM RENTALS. FAMILIES WANT TO COME DOWNTOWN TO SAN, UH, DOWNTOWN SAN ANTONIO. IF ANYONE HERE HAS A FAMILY, YOU KNOW HOW HARD IT IS TO GO TO A HOTEL. YOU'RE, AND YOU HAVE, SAY YOU HAVE FIVE PEOPLE, TWO FAMILIES, THREE FAMILIES. YOU'RE BOOKING LIKE THREE, FOUR ROOMS. THAT SUCKS. I PERSONALLY HAVE A FAMILY, A LARGER FAMILY, AND I DON'T LIKE DOING THAT. I AM A AIRBNB ST ALL THE WAY JUST BECAUSE OF CONVENIENCE. BECAUSE ALSO BEING ABLE TO COOK CARE FOR YOUR KIDS, YOUR FAMILY IN THE HOUSE THAT'S FULLY STOCKED. YOU DON'T GET THOSE TYPES OF THINGS AT THE HOTELS. UH, NOW THERE IS A PLACE FOR HOTELS, DON'T GET ME WRONG. UM, THIS IS JUST, THIS IS AN ASPECT THAT THE CITY HAS LOOKED AT AND HAS DEEMED A VERY IMPORTANT PART OF OUR CITY TO TELL THE STORY OF SAN ANTONIO. UM, I, I TELL THE STORY EVEN FURTHER. WE'LL SEE HERE IN A SECOND. BUT WHEN I TALK ABOUT HERITAGE VISITORS, THESE ARE, [02:10:01] THESE ARE JUST SOME OF MY 700 REVIEWS THAT SPECIFICALLY TALK TO THE HERITAGE VISITOR. YOU GOT FAMILIES COMING TO LACKLAND AIR FORCE BASE FOR GRADUATION CEREMONIES, UH, AND THEN THEY TALK ABOUT HOW THEY, THEY GO TO THE RIVER, WALK THE ALAMO FOR ACTIVITIES WHEN YOUR AIRMEN IS BACK ON THE BASE. WE ALL KNOW THEY DO THAT, RIGHT? THE ONE BELOW IT, YOU CAN'T BEAT THE LOCATION OF THIS HOME FOR EXPLORING SAN ANTONIO. WE WALK TO THE RIVERWALK, THE ALAMO, SAN FERNANDO CATHEDRAL, HISTORIC MARKET SQUARE, AND ALL THE GREAT RESTAURANTS, RIGHT? I MEAN, THESE GO ON AND ON TALKING ABOUT THE HISTORICAL, THE ONE IN THE TOP RIGHT. CHRIS'S DESIGN AND AESTHETICS ARE QUITE FRANKLY AMAZING. HE'S DONE A FANTASTIC JOB RESTORING THIS HISTORIC HOME WHILE MODERNIZING IT. SIMULTANEOUSLY, THE DETAILS OF THE ARCHITECTURE BLEND BEAUTIFULLY WITH CONTEMPORARY FURNISHINGS, CREATING SPACE THAT FEELS BOTH TIMELESS AND FRESH. NEXT ONE, SAME THING HERE. UH, SUPER WALKABLE SURROUNDING NEIGHBORHOODS ARE FILLED WITH HISTORIC HOMES AND COOL ARCHITECTURE. PLUS, ST. MARY'S IS A BUSY ROAD WITH LOTS OF GREAT RESTAURANTS, EASY ACCESS TO DOWNTOWN. THEY WENT TO A BASKETBALL GAME AT THE SPURS, THE ZOO, THE PEARL DISTRICT, AND THEY'RE ABLE TO WALK WITH THEIR PUPS ALL OVER THE PLACE, RIGHT? IT, IT'S ONE AFTER THE OTHER. I'VE GOT 700 OF THOSE OVER THREE AND A HALF YEARS. ALSO, IN TURN, I SAID A SECOND AGO THAT I, I LIKE TO INFORM MY GUESTS EVEN MORE SO ABOUT THE HERITAGE AND THE AREAS OF TOWN THAT THEY'RE STAYING IN. THESE ARE THE AUTOMATED MESSAGES THAT I WOULD SEND TO, UM, EACH OF MY, EACH OF MY GUESTS AND I, I SPECIFICALLY INTENTIONALLY, UH, CLIPPED THE DATES THAT ARE ON SOME OF THESE. YOU'LL SEE 'EM KIND OF AT THE TOP THERE BACK IN 2022. LIKE I SAID, I ONLY STARTED WITH A, UH, MY FIRST AIRBNB IN 21, BUT JUST SO THAT YOU WOULD KNOW THAT I DIDN'T JUST START DOING THESE YESTERDAY, LIKE EVERY SINGLE PERSON THAT BOOKS, THEY GET KIND OF A RUNDOWN AND A HISTORY OF THE AREA THAT THEY'RE STAYING IN. UM, I MEAN, YOU GOT, I GOT, I'M, I HAVE ONE HOUSE IN KING WILLIAM, TWO IN LE BACA, ONE IN GOVERNMENT HILL, AND THEN THIS ONE IN TOBIN. UH, BUT IT TALKS ABOUT EACH OF THOSE AREAS. IT TALKS ABOUT GOING TO THE ALAMO, THE RIVERWALK, RIPLEY'S LATA, UM, GOING TO SEE ALL THE GREAT THINGS THAT AS RESIDENTS, LONG-TERM RESIDENTS OF THE CITY WE'VE KNOWN, UH, TO LOVE AND WHAT OUR CITY COUNCIL MEMBERS WANT VISITORS TO DO. WE'RE A TOURISM CITY, YOU KNOW, SO TO SAY THAT ST ARE JUST TERRIBLE. I KNOW THERE'S A PLACE FOR 'EM. AND I DO RESPECT THE DENSITY LIMITS. I'M ALL FOR THE DENSITY LIMITS. LIKE THAT AGAIN, WOULD HELP ME WITH COMPETITION AS WELL. LIKE, I DON'T THINK I HAVE A LOT OF COMPETITION BECAUSE I PUT A LOT OF MONEY INTO MY FURNISHINGS AND RE RENOVATING THESE HOUSES. SO I'M NOT TOO SCARED OF THAT. BUT I DO LIKE THE DENSITY LIMITS. NEXT ONE, THIS IS, UH, JUST ANOTHER STEP WHEN YOU COME INTO MY HOMES, UM, WE HAVE WELCOME BOOKS THAT ARE MADE. IT GIVES STUFF ABOUT, UH, FAVORITE RESTAURANTS. I'M A FOODIE, SO I EAT AT A TON OF PLACES. UM, THINGS TO DO, TALKING ABOUT ALL THE GREAT STUFF, DOWNTOWN, MISSIONS, ET CETERA. WE ALSO HAVE BOOKS, UH, AND YOU CAN SEE DATES PURCHASED ON THOSE THAT WE PUT INTO EACH AND EVERY ONE OF THESE HOUSES. SO, UM, I ALSO HAVE, AND A COUPLE OF THE HOUSES, I HAVE LIKE A BIG METAL, UH, THAT HOLDS METALS FOR ALL FIESTA PINS. SO I HAVE A TON, LIKE PROBABLY 30 FIESTA PINS. AND, AND, UH, I'M GONNA INTERRUPT YOU FOR A SECOND. UH, WE, WE REALLY NEED TO STAY ON TOPIC. UM, I, I GET IT. YOU'RE, YOU'RE, YOU KNOW, A GREAT HOST AND YOUR, YOUR PLACE A GORGEOUSNESS, BUT CAN WE REALLY STICK ON THE, THE, THE BIG TOPIC ISSUES OF, OF, YOU KNOW, WHY, WHY YOU HAVE A HARDSHIP AND, AND STUFF? BECAUSE THIS IS STARTING TO GET OFF TOPIC A LITTLE BIT. WELL, THAT'S MY LAST SLIDE, BUT I THINK IT PERTAINS TO THE TOPIC. OKAY. WE'RE TALKING ABOUT THE HERITAGE VISITOR WITH THE CITY, RIGHT? UH, THE HISTORIC EXCEPTION. SO I HAVE SOME QUESTIONS FOR YOU. SO ON THE HISTORIC EXCEPTION, I'M LOOKING AT THE CODE. SO THIS WAS, THIS WAS TURNED INTO, UH, OHP. YOU WENT THROUGH THE PUBLIC HEARING PROCESS, I GUESS, ON THE RENOVATION? CORRECT. OKAY. SO WHEN YOU PUT THE HOUSE UNDER CONTRACT, I, I CAN, I CAN SEE HOW YOU LOOKED ON THE ONE STOP AND COULD TELL THAT THERE DIDN'T APPEAR TO BE ANY DENSITY ISSUES. MM-HMM . I COMPLETELY GET THAT. UM, WHAT WAS THE TIMELINE FROM WHEN YOU PUT THE HOUSE UNDER CONTRACT? 'CAUSE I KNOW YOU CAN'T GET AN SDR PERMIT IF YOUR HOUSE IS BEING REMODELED AND YOU DON'T, YOU KNOW, SO THERE'S A WINDOW WHERE YOU'RE KIND OF SUSCEPTIBLE TO SOMEBODY ELSE SNEAKING IN AND GRABBING MAYBE AN AVAILABLE OPENING ON THE SDR R COUNT. SO CAN YOU WALK US THROUGH THAT TIMELINE? SO HOW LONG, HOW MUCH TIME WENT WHEN YOU PUT IN A CONTRACT, WHEN YOU STARTED THE RENOVATION, WHEN YOU FINISHED, WHEN YOU WANTED TO MOVE FORWARD WITH YOUR PERMIT APPLICATION? SO TECHNICALLY I DIDN'T FINISH WITH THE RENOVATION UNTIL, UH, NOVEMBER, DECEMBER OF THE SAME YEAR. UH, I THINK I PURCHASED IT IN JULY. UM, OKAY, FIVE MONTHS. SO YOU, IT WAS, THERE WAS A FIVE MONTH WINDOW WHERE SOMEONE THEORETICALLY ON THAT BLOCK BASE COULD HAVE CORRECT. [02:15:01] BUT I DID, KNOWING THAT AND TRYING TO PROTECT MY INVESTMENT, KNOWING THAT, UM, I NEEDED TO GET THAT PERMIT IN OR REQUEST AS SOON AS POSSIBLE. AS SOON AS THE HOUSE IS LIVABLE, I SUBMIT THE REQUEST. GOT IT. THAT'S LIKE A MAIN, AS SOON AS IT'S HABITABLE. AND IS THERE, AND AS FAR AS IT BEING A DISTRESSED STRUCTURE, UM, IT, IT, FROM THE CODE, IT LOOKS LIKE THE APPLICANT HAS TO DEMONSTRATE THAT IT'S A DISTRESSED STRUCTURE. IS THERE, IS THERE ANY SORT OF DOCUMENTATION THAT WOULD ASSIST IN YOU, UH, DEMONSTRATING TO THE BOARD THAT IT WAS CONSIDERED DISTRESSED? YEAH, I MEAN, I HAD TO SUBMIT THAT TO THE CITY AS WELL. UM, SO I GUESS THROUGHOUT THE PROCESS, THE COAS THAT I HAD TO GET FROM THE CITY AS PART OF IT, SO, UM, I MEAN, I SAW PICTURES FROM STREET VIEWS. I WAS LOOKING ON GOOGLE MAPS, AND YOU HAD MENTIONED THAT THE PORCH WAS KIND OF FALLING OVER. I MEAN, I COULD SEE THAT, UH, YOU KNOW, IT DOESN'T SHOW US WHAT'S GOING ON INSIDE THE HOME, UH, RELATED TO PLUMBING OR, OR ANY STRUCTURAL COMPONENTS. BUT SO, SO I DO HAVE, UM, THE HVAC WAS REPLACED. OKAY. UM, A LOT OF PLUMBING WORK. UM, LITTLE ELECTRICAL, THE REAR OF THE HOUSE. SO THAT'S WHAT IT, IT LOOKED LIKE, UM, THE REAR OF THE HOUSE. SO AS IT SITS CURRENTLY, AND I DIDN'T WANT TO INUNDATE WITH YOU WITH A TON OF PICTURES, BUT I CAN BRING UP PICTURES OF WHAT IT LOOKS LIKE NOW. UH, IT HAD, UM, IT'S TWO LEVELS. THERE'S A BALCONY OFF OF PRETTY MUCH EACH LEVEL, FRONT AND HOUSE OF THE ROOMS. UH, THE TOP LEVEL, THE, UH, STRUCTURE THE ROOF HAD BEEN, WAS COMPLETELY GONE. AND SO IT WAS FOR THE, UM, THE BOTTOM LEVEL IN THE REAR OF THE HOUSE. I'M TALKING ABOUT THE REAR OF THE HOUSE. SO IT WAS A LARGE CONCRETE PAD, AND YOU COULD SEE ON, UM, ON THE SIDING OF THE HOUSE WHERE IT WAS ALL ROTTED, ET CETERA, WHERE THERE HAD BEEN STRUCTURE PRIOR, UH, THERE WAS ALSO KIND OF AN OUT HOUSE. THERE'S ANOTHER SEPARATE PAD IN THE VERY BACK, UH, WE GOT RID OF THAT 'CAUSE IT WAS DILAPIDATED AND FALLING DOWN, PUT UP A KIND OF A PAVILION IN THE REAR AREA. UM, YOU WANT TO HIT ME THAT, TRY TO FIND SOME OTHERS? UH, YEAH, BUT THE, AND REDOING THE, A LOT OF THE WOR WOODWORK IN THE HOUSE, GETTING THE, UM, FIREPLACES BACK TO BEING FUNCTIONAL. I DID ACTUALLY ADD A BATHROOM TO IT, UH, BECAUSE IT ONLY HAD ONE BATHROOM UPSTAIRS FOR THREE BEDROOMS. UM, THE KITCHEN COMPLETELY RIPPED OUT AND REPLACED EVERYTHING, NEW CABINETS, COUNTERTOPS, UM, FLOORING THROUGHOUT. WE, UH, OF COURSE, UH, IF YOU'RE FAMILIAR WITH OLD HISTORIC WOOD FLOORING, REDOING THAT, SANDING IT DOWN AND REATING, ET CETERA, IS QUITE A EXPENSIVE TASK. ALSO, UM, TRYING TO, UH, BECAUSE THESE ARE ALL HISTORIC, THEY'RE ALL SINGLE PANE WINDOWS. UH, IT'S VERY DIFFICULT FOR THE HEATING AND COOLING. UM, SO I TRY TO INSULATE AS BEST AS POSSIBLE, SO PUTTING IN SPRAY FOAM WHERE IT'S POSSIBLE UNDERNEATH THE HOUSE IN THE ATTIC, UH, DOING BLOWN IN INSULATION IN THE WALLS TO TRY TO GET IT A LITTLE BIT MORE ENERGY EFFICIENT. UM, AND THIS ONE PARTICULAR, UH, IT WAS ACTUALLY, WE FOUND A, A WINDOW, A HISTORIC WINDOW INSIDE OF A WALL THAT WE OPENED UP AND REOPENED THAT WINDOW. UM, SO I MEAN, IT WAS, IT WAS A MAJOR RENOVATION BECAUSE I, BECAUSE ACCORDING TO THE, THE WAY THIS SPECIAL EXCEPTION, UH, IS WRITTEN IN THE CODE, IT SAYS THAT THE RESTORATION OF AN HISTORIC LANDMARK OR STRUCTURE IS A VALUABLE ADDITION TO THE QUALITY AND CHARACTER OF THE CITY, OR, AND SO IF YOU PROVE THAT FIRST BULLET, THEN THAT GIVES US GROUNDS TO APPROVE. THE OTHER WAY IS THAT IT HAS TO EITHER BE THAT THERE IS A, THAT THE PROOF IS THE ONLY ECONOMICAL, FEASIBLE WAY TO FINANCE THE PRESERVATION OF THE STRUCTURE. AND WE HAVE TO, WE HAVE TO SHOW THAT IT, IT'S NOT GONNA ADVERSELY IMPACT THE RESIDENTIAL QUALITY OF THE NEIGHBORHOOD. SO I THINK IT'S ALL THREE. WELL, I MEAN, I'M LOOKING AT THE WORD OR AND OR IN THE FIRST BULLET. SO TO ME, IF YOU MEET, YOU EITHER MEET THE FIRST BULLET OR YOU MEET THE SEC BULLETS TWO AND THREE. I DON'T THINK YOU NEED TO MEET ALL THREE, BUT I JUST WANTED TO SEE IF, IF, UM, WHEN YOU'RE GOING, DID YOU HAVE TO HAVE A PUBLIC, UH, HEARING ON THIS WITH THE HCRC OR WHAT IS ADMINISTRATIVE? NO, ADMINISTRATIVE. ADMINISTRATIVE. OKAY. YEAH. I WAS ON A CONSENT AGENDA FOR THE COAS ON THAT CHAIR. MAY, MAY I, YES. IVAN. YES, MR. MR. COKER. I, I REALLY APPRECIATE THAT YOU, UM, RENOVATED A HISTORIC HOME, ESPECIALLY IN THE NEIGHBORHOOD, UH, HISTORIC NEIGHBORHOOD OF TOBIN HILL WHERE MANY OF, OF HIS, THE HISTORIC HOMES WERE DEMOLISHED AND, UH, MODERN LOOKING BUILDINGS, TOWN HOMES ARE, ARE BUILT IN PLACE OF THOSE BEAUTIFUL HOMES A LOT. BUT I THINK THE QUESTION HERE IS, IS ONE OF, OF THE DENSITY OF STR, THERE'S SO MANY HISTORIC NEIGHBORHOODS THAT, [02:20:01] UM, HAVE JUST BEEN, UH, SATURATED WITH, UM, SHORT TERM RENTAL TUBES. AND I THINK THE QUESTION IS, IS, UM, ONE OF, OF HOW MUCH IS TOO MUCH FOR, UH, THIS NEIGHBORHOOD? IF WE LOOK AT A MAP OF ALL THE STR IN THE WHOLE NEIGHBORHOOD OF, OF TOBIN HILL, UH, WE NOTE THAT THERE'S PRETTY SATURATED AREAS. UM, AND I'M KIND OF, I'M KIND OF TORN BETWEEN THIS BECAUSE QUITE FRANKLY, UH, I LIVE ON A STREET IN ROOSEVELT NEIGHBORHOOD, SO IN NEIGHBORHOOD, AND THERE'S A FEW VACANT HOMES THERE. THEY'RE BEAUTIFUL HOMES, GREAT BONES IN THESE HOMES, BUT THEY'RE FALLING APART BECAUSE PROPERTY OWNERS DON'T LIVE THERE. AND, UM, AND THE STR TOO, THAT'S ACROSS THE STREET FROM MY HOME, UH, WAS TOTALLY RENOVATED INTO A BEAUTIFUL PROPERTY. IT'S THE ONLY ONE ON THAT BLOCK FACE THOUGH. AND, UM, AND I REALLY APPRECIATE HOW THAT OWNER, HE'S, HE DOESN'T LIVE HERE, BUT HE TAKES CARE OF THAT PROPERTY. AND THE PEOPLE THAT DO STAY THERE HAVE BEEN, UM, REALLY GREAT GUESTS. UM, AND SO I'M KIND OF TORN WITH THIS BECAUSE I SEE THE VALUE THAT YOU BRING BY RESTORING A HISTORIC HOME, ESPECIALLY THAT PARTICULAR ONE. IT'S BEAUTIFUL, THE WORK YOU DID ON THAT. IT'S JUST BEAUTIFUL. BUT I ALSO AM TORN BECAUSE I BELIEVE THAT THESE HISTORIC NEIGHBORHOODS, UM, ARE THREATENED, UH, BY THE SATURATION OF SO MANY STR R TWO. SO I'M REALLY TORN BETWEEN THIS. UH, I APPRECIATE, I WISH YOU HAD BROUGHT MORE PICTURES, UH, OF OUR CHAIR HAD SAID OF WHAT THAT PROPERTY LOOKED LIKE INSIDE AND OUT, UH, OF THAT HOUSE AND THE, AND THE, JUST THE, THE AMOUNT OF, OF MONEY THAT YOU HAVE SPENT, UM, ON RESTORING SUCH A, A HISTORIC HOME. SO I'M, I'M VERY TORN ON THIS ONE BECAUSE I FEEL LIKE THE VALUE OF, OF RE PRESERVING HISTORIC HOMES FROM BEING DEMOLISHED OR JUST LETTING THEM FALL APART, UM, BECAUSE THEY'RE SO EXPENSIVE TO, TO RENOVATE, AND THEN JUST THE SATURATION OF STR TWOS. SO I DON'T KNOW HOW I FEEL ABOUT THIS CASE. YEAH, THAT, THAT'S, I WAS POINTING OUT, UH, THE WAY THAT EXCEPTION IS READ AND ALSO THE FACT THAT, YOU KNOW, JUST GOING ON TO ONE STOP AND NOT, NOT SEEING THAT THERE'S ALREADY FOUR AND HE SPENT SO MUCH MONEY IN GOOD FAITH. I JUST, I JUST MANNA COMMISSIONER MANNA. SO ACTUALLY WANNA HAVE THE CITY WALK THROUGH A FEW, UH, TASKS HERE. SO I, PRESIDENT NEIGHBORHOOD ASSOCIATION. SO, SO I, I'M ACTIVELY ENGAGED IN SDR DIALOGUES, REALLY IN AND AROUND OUR COMMUNITY. SO, UM, CAN YOU BRING UP ONE STOP AND, AND KEY IN THE ADDRESS FOR THIS, PLEASE? UM, SO THAT IT COMES UP ON THE SCREEN. OKAY. SO THANK YOU. SO NOW, UM, WHEN I'VE COME TO DO PRESENTATIONS IN THE PAST REPRESENTING MY COMMUNITY, IF YOU GO DOWN TO THE BOTTOM OF THE SCREEN, THERE'S THE SEARCH UTILITY. KEEP GOING DOWN TO THE BOTTOM OF, ON THE LEFT SIDE. THERE YOU GO. SO IT HAS, YEAH, SO ADVANCED SEARCH. SO NOW GO AHEAD AND KEY IN ON THE ADVANCED SEARCH. UM, JUST PUT KEY IN THE NAME, UH, PARK AND KEY IN THE ZIP CODE 7 8 2 1 2. THAT'S THE OVERLAY CODE, NOT THE ZIP CODE. SCROLL DOWN FURTHER FOR THE ZIP CODE. OH, CHANGE YOUR OVERLAY FROM NOT OVER, UH, THE OVERLAY TO THE SHORT, UH, SHORT TERM RENTALS. THERE WE GO. OKAY. SO NOW YOU'LL SEE THAT THE, THE PARTICULAR LOTS ARE HIGHLIGHTED AS PURPLE, WHICH MEANS THAT THERE ARE PART OF THAT DIALOGUE OF UH, WHICH ONES ARE GRANDFATHERED, WHICH ONES AREN'T. UM, SECOND THING IS IF YOU DO AN EXPORT NOW OF THE FIELDS, WELL, ACTUALLY YOU CAN JUST SCROLL DOWN THERE IN THE TEXT OR THE, UH, SPREADSHEET, OR YOU CAN SCROLL DOWN. YOU'LL SEE THAT IT DOES IDENTIFY THE FOUR THAT ARE ON THAT PROPERTY. SO, [02:25:01] SO IT IS IN WITHIN ONE STOP THAT IS PROVIDING THIS INFORMATION. 'CAUSE I, 'CAUSE I DO REFERENCES REGULARLY. AND SO THIS IS WHERE I DO GO WHEN I'M GONNA DO A PRESENTATION, YOU KNOW, I GO AHEAD AND GO THROUGH THIS AND THEN PUT IT INTO EXPORT IT TO GOOGLE AND, AND THAT PROVIDE FOR MY PRESENTATION. 'CAUSE YOU KNOW, I WILL SAY THAT IT IS A LITTLE BIT KLUGY GET HERE. UM, I WOULD SAY I AM DISAPPOINTED THAT IT DOESN'T SHOW THE, UH, DIFFERENCE, THE DIFFERENTIATION, UH, THAT, THAT YOU HAD TO GO THROUGH. 'CAUSE IF YOU TAKE OFF THE, IF YOU CLEAR THE SEARCH RESULTS HERE, YOU'LL SEE THAT THE PURPLE HIGHLIGHTED FOR THOSE PROPERTIES GOES AWAY. AND SO THAT'S PROBABLY SOMETHING THE CITY NEEDS TO FIX. UM, SO IT DOES, UH, INDICATE THAT. BUT UM, OUTSIDE OF THAT, YOU KNOW, THE DATA IS HERE AVAILABLE ON ONE STOP, I GUESS IS THE POINT. WELL, THANK YOU FOR CLARIFYING BECAUSE I, I WOULDN'T EVEN HAVE KNOWN THAT 99% OF THE PEOPLE AREN'T GONNA KNOW. I DIDN'T KNOW THAT. I MEAN, YOU'RE, UH, YOU'RE THE EXCEPTION. ALRIGHT, UH, COMMISSIONER KAPLAN. YEAH, I JUST WANNA SAY TOO, IN REFERENCE ABOUT, UH, OLDER PHOTOS OF THE EXTERIOR OFF YOU GO INTO THE GOOGLE MAPS, UH, IT WILL SHOW, UH, PHOTOS WAY BACK ON THIS HOUSE, THE EXTERIOR, THE EXTERIOR OF THE HOUSE. AND I, I HAVE SOME LIKE OF THE REAR AND, AND THROUGHOUT AS WELL. I'M JUST, I FIGURED THAT THE CITY, THE CITY HAVING DONE THEIR DUE DILIGENCE OVER AT UH, OHP, UH, WOULD'VE BEEN SUFFICIENT FOR YOU GUYS. OTHERWISE I WOULD'VE PUT IN ADDITIONAL PHOTOS INTO THE PRESENTATION. SO COMMISSIONER UNA, OH, COMMISSIONER BONIA, GO AHEAD. YEAH, JUST HAD A QUICK QUESTION FOR CITY. SO WHEN SOMEBODY, YOU KNOW, LIKE, LIKE THIS GENTLEMAN OR IF ANYBODY'S THINKING ABOUT BUYING A HOME AND YOU KNOW, THAT'S THEIR GAME PLAN IS HEY, STR THERE, THERE'S NO WAY ANYBODY COULD, COULD CALL IN SPEAK WITH SOMEBODY AND JUST INQUIRE ABOUT THE DENSITY ON A BLOCK FACE THAT WAS FOR CITY MR. COMMISSIONER. SO STAFF CAN, I MEAN, PUBLIC CAN REACH OUT TO OUR STAFF AND ASK FOR QUESTIONS ABOUT THE DENSITY LIMITATIONS GENERALLY ON THE MAP. UM, AND WE CAN LOOK IT UP. BUT IN TERMS OF ANY APPLICATIONS THAT CAME IN DURING THAT TIME, WE CAN'T SPEAK ON THAT BECAUSE WE GET MULTIPLE APPLICATIONS DAILY. THAT'S WHY WE SAY WE CANNOT GIVE IT DEFINITE ANSWER IF THE DENSITY DIDN'T MATTER OR NOT. BECAUSE EVEN THOUGH THE ONE THUMB MAP MAY SHOW WHAT'S BEEN ACT, WHAT HAS BEEN ISSUED A PERMIT, THERE MAY BE APPLICATIONS SUBMITTED DURING THAT TIME. SURE, YEAH. THERE, THERE COULD BE SOMETHING IN THERE. BUT LIKE TODAY, COULD I CALL AND I COULD SAY, HEY, YOU KNOW, 4 0 7 REXFORD, I'M INTERESTED IN BUYING THIS PROPERTY. I WANT TO USE IT AS AN STR TWO. HOW MANY MORE ON THE BLOCK FACE RIGHT NOW? AND COULD YOU GUYS GIMME AN ANSWER RIGHT THEN AND THERE? YES. AND THAT, THAT'S BEEN GOING ON FOR A WHILE NOW. CORRECT. SO I WAS, TWO THINGS I DID, UM, ASK, AND I WAS TOLD AS I SHOWED IN THE PRESENTATION, UM, THAT CURRENTLY IT LOOKS LIKE YOU WOULD BE, HAVE THE OPPORTUNITY FOR AN SDR TWO PERMIT, BUT THEY CANNOT SAY DEFINITIVELY IF YOU CAN OR NOT, IF YOU WILL BE GRANTED THAT PERMIT. IT'S LIKE, HEY, PLAY PLAY DICE AND SEE, BUY THE HOUSE AND THEN WE'LL LET YOU KNOW ONCE IT'S READY IF YOU CAN, UH, BE GRANTED THE SDR TWO PERMIT. BUT ALSO IN ANOTHER SLIDE I HAD, IT SAYS ON THEIR WEBSITE, S STR TWO PERMITS RENEW, APPLY, RENEW, CANCEL ELIGIBILITY FOR AN S STR TWO OR STR PERMIT CANNOT BE MADE IN ADVANCE OF AN APPLICATION BEING SUBMITTED. SO IT DOES SAY THAT ON THEIR SITE. AND IF I, IF I CAN RESPOND TO THE DENSITY OF THAT COMPLETELY UNDERSTAND YOUR CONCERNS, LIKE I SAID, I DIDN'T BUY THIS PROPERTY KNOWING THAT I'M GOING TO HAVE TO ASK THE BOARD FOR AN EXCEPTION, I WOULD NOT HAVE BOUGHT IT, WHICH IS WHY I INQUIRED TO MULTIPLE PEOPLE PRIOR TO EVEN PUTTING AN OFFER IN ON IT. I WILL SAY AS SOME SORT OF CONSOLATION IN THERE, 33 HOUSES ON THE BLOCK FACE, THERE ARE ONLY TWO FOOTPRINTS OF STR TWO PERMITS CURRENTLY AS IT SITS. SO THE INTENT FOR RESIDENTIAL AREA, I THINK WOULD BE THE FOOTPRINT OF THE BLOCK FACE AND NOT NECESSARILY THAT ALL FOUR GRANDFATHERED WOULD BE ON ONE OF THE ENTIRE BLOCK FACE. DOES THAT, AM I EXPLAINING THAT PROPERLY? SO LIKE THE BLOCK FACE SHOULD ALLOW FOR FOUR HOUSES, IT'S, IT'S WITHIN TWO RIGHT NOW, LITERALLY TWO HOUSES AND I WOULD BE THE THIRD TO OPERATE OR HAVE THE S STR TWO PERMIT. YEAH, I, I UNDERSTAND WHAT YOU'RE SAYING. AND UM, MANNA COMMISSIONER MANNA. SO I JUST, WELL, I JUST WANTED TO POINT OUT, JUST FOLLOW UP ON THE FINAL CON FINAL POINT. SO, UH, THIS WHILE THE CITY WAS BRINGING UP THAT ONE THING, UM, WITH REGARDS TO MY EXERCISE AND LOOKING AT THE A CR, UM, I DID SEE THAT IF YOU CLICK ACTUALLY ON THE SITE ITSELF AND LOOK AT THE, THE RESULT THAT COMES FROM IT, IT DOES SHOW THAT FOUR SDR. SO YOU DON'T EVEN NEED TO DO THE, THE QUERY. IT ACTUALLY DOES SHOW THAT THERE'S FOUR SDR ON THAT SITE. SO, SO YOU KNOW, I DO IT FOR MY EXPORTS FOR EXCEL, BUT, BUT IT ACTUALLY DOES SHOW THERE ON THAT IS, THAT IS CORRECT, BUT AT FIRST GLANCE YOU WOULD LOOK AT IT, YOU WOULD NOT EVEN UNDERSTOOD YOUR POINT THERE. SO I, YOU KNOW, SO I DUNNO HOW YOU IDENTIFY THAT, YOU KNOW, OR IT COULD BE APPROVED SO THEY, SO IT IS IDENTIFIED BON I HAVE A QUESTION FOR THE APPLICANT. HOLD NOT COMMISSIONER, TRYING [02:30:01] TO, OH, SORRY, WE'LL GO BACK. I, MY QUESTION IS FOR STAFF OR CHAIR, AND I'M LOOKING FOR SOME GUIDANCE, I'M LOOKING AT THE SHORT TERM RENTAL, UM, UM, SHORT TERM RENTAL CODE. AND ONE OF THE ITEMS THAT WE CAN CONSIDER IS A DISTRESS STRUCTURE AS THE APPLICANT BROUGHT UP. WHAT DO I WEIGH? DO I WEIGH THE DISTRESS DISTRESS STRUCTURE? DO I WEIGH THE 12.5%? UM, UH, BLOCK FACE LIMITATION? THAT'S ANOTHER WHAT, WHAT IS THE GUIDANCE? WELL, THE, THE, THAT SECTION H OF 35 3 99 0 3 SAYS A SPECIAL EXCEPTION, UH, RATE BEYOND THE DENSITY LIMIT MAY BE GRANTED FOR THE FOLLOWING STRUCTURES AND IT GIVES YOU TWO, TWO SECTIONS OF DISTRESSED OR NON-DISTRESSED. AND IN THE DISTRESS STRUCTURE, WHICH I THINK THIS WOULD QUALIFY FOR WHEN IT WAS PURCHASED, THE APPLICANT HAS TO DEMONSTRATE AND THE BOARD MUST FIND THAT THE RESTORATION IS A VALUABLE ADDITION TO THE QUALITY OF THE CHARACTER OF THE CITY SEMI OR SO THE TEST IS, ARE YOU SEEING THIS AS A VALUABLE ADDITION OF THE QUALITY OF CHARACTER OF THE CITY OR IS THERE A PROOF THAT IT THE ONLY ECONOMICAL FEASIBLE WAY TO FINANCE THE PRESERVATION OF THE STRUCTURE? SO, SO IS THAT A TWO TEST? AM I A CONSIDERING THAT A, IS THIS A DISTRESS STRUCTURE AND IF IT IS, IT IS A DISTRESS STRUCTURE IN MY OPINION, DOES IT MEET THE CRITERIA THAT IS WITHIN THE BULLET POINTS OF THAT? YEAH, IT'S EITHER THE FIRST, YEAH, IT'S EITHER THE FIRST BULLET OR THEN, OR BULLETS TWO AND THREE YOU ONLY NEED TO MEET. BUT IT'S, I MEAN IT'S MY IT'S YOUR DECISION. DECISION. YEAH. AS, SO THIS, THE APPLICANT HAS PRESENTED WHAT HE FEELS LIKE IS FACTS THAT WOULD, THAT WOULD MEET THOSE CRITERIA AND WE EITHER AGREE WITH HIM OR WE DON'T. ALL THREE. I, I THINK I BELIEVE, YEAH, SO THAT, I MEAN HE, SO WHAT'S BEFORE US IS, IS THAT, YOU KNOW, IS THIS A VALUABLE ADDITION TO THE QUALITY OF CHARACTER CITY? YOU KNOW, WE CAN ALL MAKE OUR DECISION ON THAT. UH, AND IF YOU AGREE WITH THAT, WELL THEN YOU CAN, YOU'RE MORE THAN WELCOME TO APPROVE THIS IF HE'S PROVIDING THAT. IT'S ONLY ECONOMICAL. SO WHAT IS THE GOING RATE FOR HOMES? ARE THEY SELLING? LIKE IF YOU WANTED TO SELL THIS FOR, OH, I GUESS I DIDN'T MENTION THAT. SO I APPLIED, UM, THE, FOR THE STR TWO PERMIT, UH, LAST YEAR. I APPLIED A SECOND TIME IN JANUARY. THE TOBIN HILL ASSOCIATION AT THE LAST MEETING BROUGHT THAT UP. OH, HE'S APPLIED FOR THIS S STR TWO EXCEPTION THREE TIMES. WELL, I APPLIED FOR IT. THE ONCE WAS, UH, I'M SORRY, WHEN I WAS DENIED, I WAS GOING TO GO AHEAD AND ASK FOR THE EXCEPTION. I HELD OFF, UM, TILL THE HOUSE GOT DONE, HOUSE GOT DONE. THEN I WAS GOING TO ASK FOR THE EXCEPTION, WHICH I THINK WAS JANUARY OF 24 AND I PULLED BACK, SAID NEVERMIND, I DECIDED TO PUT THE HOUSE UP FOR SALE. SO I DID TRY TO SELL THE HOUSE, IT WAS ON THE MARKET FOR A YEAR, COULD NOT GET A BUYER, UH, REDUCED THE PRICE A FEW TIMES AND STILL COULDN'T GET A BUYER. UM, CALL IT WHATEVER YOU WANT, THE MARKET CONDITIONS, ET CETERA. YOU DON'T FIND A LOT OF BUYERS IN THIS PRICE POINT. IT'S JUST REALLY, REALLY DIFFICULT. SO I DID TRY TO ESCAPE THIS WHOLE BEING IN FRONT OF YOU GUYS HERE TODAY, ALL ALBEIT I DID NOT WANT TO GET RID OF THE HOUSE. MY WHOLE INTENT WAS STR TO IT, BUT I'VE BEEN IN FRONT OF Y'ALL BEFORE. I KNOW HOW DIFFICULT A CHALLENGE IT IS, SO I JUST WANTED TO AVOID IT COMPLETELY. UM, AND I WASN'T ABLE TO, SO. OKAY. AND WERE YOU TRYING TO SELL IT OVER WITH THE APPRAISED VALUE OR LESS? THE EXACT. THE EXACT. OKAY. ACTUALLY A TAD BIT LESS. OKAY. COMMISSIONER? YES. UH, DO WE, I UNDERSTAND WE HAVE ONE VOICEMAIL AND HOW MANY SIGN UP TO SPEAK? OH, MR. UH, COMMISSIONER BONILLA, DID YOU, UH, HAVE A QUESTION? OKAY, UH, LET'S HEAR THE VOICEMAIL FIRST AND THEN, UH, WHOEVER MAY HAVE SIGNED UP TO SPEAK. HELLO, THIS IS RICK SHELL ZONING AND DEVELOPMENT COMMITTEE CHAIR FOR THE TOBIN HILL COMMUNITY ASSOCIATION. CALLING IN REFERENCE TO CASE NUMBER ENDING IN 2 2 1. ITEM NUMBER ONE ON 3 3 5 EAST PARK. THIS IS THE THIRD TIME THE CASE HAS COME BEFORE THE BOARD. THE TOBIN HILL COMMUNITY ASSOCIATION IS IN OPPOSITION TO THE APPLICANT'S REQUEST FOR THE FOLLOWING REASONS. BETWEEN DECEMBER 3RD AND DECEMBER 8TH, THE APPLICANT DISTRIBUTED A LETTER TO NEIGHBORHOOD RESIDENCE OFFERING $50 IN EXCHANGE FOR LETTER OF SUPPORT FOR HIS APPLICATION. AT THE DECEMBER 16TH HEARING, STAFF STATED THAT THERE WERE THREE LETTERS IN SUPPORT AND WHEN ASKED BY THE BOARD HOW MANY CHECKS HAD BEEN WRITTEN, THE APPLICANT STATED THAT HE HAD PAID THREE. FOLLOWING THAT HEARING, THE APPLICANT REACHED OUT TO OUR COMMITTEE AND PROVIDED A DETAILED EXPLANATION OF WHY HE WAS SEEKING A SPECIAL EXCEPTION TO THE DENSITY LIMITATIONS FOR HIS TYPE TWO STR. ADDITIONALLY, I HAD TWO SEPARATE CONVERSATIONS WITH THE APPLICANT'S REPRESENTATIVE OVER THE PHONE ABOUT THE REQUEST. AFTER REVIEWING THE INFORMATION PROVIDED BY THE APPLICANT AND CONSIDERING BOTH THE LETTERS OFFERING PAYMENT FOR SUPPORT AND THE FINDINGS LISTED IN THE STAFF MEMO, PARTICULARLY FINDING E WHICH SAYS WHICH SAYS THE OWNER HAS HAD TWO LICENSES THAT HAVE BEEN REVOKED AT OTHER PROPERTIES, OUR COMMITTEE VOTED SIX TO ZERO TO OPPOSE THE REQUEST. STAFF ALSO RECOMMENDS DENIAL OF THIS SPECIAL EXCEPTION FINDING THE ADDITIONAL SHORT-TERM RENTALS ON THIS BLOCK BASE [02:35:01] MAY SUBSTANTIALLY INJURE NEIGHBORING PROPERTIES AND ALTER THE EXISTING RESIDENTIAL CHARACTER OF OUR NEIGHBORHOOD. WHEN I TOLD THE APPLICANT OF OUR OPPOSITION AND THE REASONING FOR IT, THE APPLICANT PROCEEDED TO SEND SEVERAL FOLLOW-UP COMMUNICATIONS, WHICH UNFORTUNATELY DETERIORATED INTO BEING AGGRESSIVE AND UNPROFESSIONAL. HE MADE UNREASONABLE DEMANDS AND CALLED ME A LIAR FOR REFERENCING THE REVOKED PERMITS LISTED IN THE STAFF REPORT AT THE DECEMBER 16TH HEARING. SINCE THIS CASE HAS BEEN CONTINUED TWICE ALREADY, WE RESPECTFULLY ASKED THAT THE BOARD NOT CONTINUE THIS CASE AGAIN AND INSTEAD HEAR THE CASE TODAY AND DENY A SPECIAL REQUEST FOR A TYPE TWO STR PERMIT AT 3 3 5 EAST PARK. THANK YOU SO MUCH FOR YOUR CONSIDERATION. ALL RIGHT, SO WE HAVE, UH, TWO SPEAKERS. ALL RIGHT, FIRST ONE IS MS. FEDERICA KUSHNER. SO SIR, WHAT WE'RE GONNA DO IS HEAR FROM YOU HAD A COUPLE YES. COMING UP, UH, MISS, IF YOU COULD PLEASE STATE YOUR NAME AND TELL US YOUR THOUGHTS. I'M FREDERICA KUSHNER. I RESIDE AT 4 0 5 EAST MYRTLE STREET. UH, 7 8 2 1 2. I'M HERE CONCERNING, UH, THE CASE WHOSE LAST FOUR NUMBERS ARE 0 2 2 1 3 35 EAST PARK AVENUE. I PROMISED NOT TO ATTEMPT TO WEAR YOU DOWN CITY STAFF RECOMMENDED DENIAL. FOUR SDR UNITS ARE ALLOWED ON THIS BLOCK FACE PER THE ORDINANCE THERE ARE AT PRESENT FIVE STR UNITS. THIS REQUEST WOULD UP THE NUMBER TO SIX. THIS MEANS THAT TOBIN HILL COMMUNITY ON EAST PARK AVENUE ALREADY DOWN FIVE WILL BE DIMINISHED BY SIX NEIGHBORS. WHERE DOES IT STOP WHEN THERE ARE NO LONGER ANY NEIGHBORS LIVING ON THE STREET? TOBIN HILL IS NOT A HOTEL DISTRICT. I'M ASKING THAT YOU STOP THIS TAKING AWAY OF OUR COMMUNITY . AND BY THE WAY, A PERSON WHO DOES NOT LIVE IN THE NEIGHBORHOOD IS NOT A NEIGHBOR. I DON'T CARE WHAT THAT PERSON MIGHT PROTEST. THEY ARE NOT A NEIGHBOR, THEY ARE NOT A MEMBER OF THE COMMUNITY. IN ADDITION, YOU MAY BE AWARE OF A FLYER DISTRIBUTED BY THE OWNER OFFERING $50. WOULD YOU PLEASE SHOW IT, OFFERING $50 FOR EACH LETTER OF APPROVAL OF THE REQUEST, IF NOT ILLEGAL, IT IS UNETHICAL. I'M HOPING THAT YOU'LL INCLUDE, I'M HOPING THAT YOU'LL INCLUDE THIS UNETHICAL PRACTICE IN YOUR CONSIDERATION OF THIS CASE. THANK YOU. ALRIGHT, THANK YOU. AND NEXT SPEAKER IS MR. KUSHNER. THANK YOU. MY NAME IS MARTIN KUSHNER AND I LIVE AT 4 0 5 EAST MYRTLE STREET. ONE BLOCK AWAY FROM, THERE YOU GO. THANK YOU. UM, THIS IS NOT FIRST OF ALL, LET'S SAY A DISCUSSION ABOUT THE QUALITY OF CITY SERVICES OR SCREENING OR ANY OF THAT. THIS IS ABOUT THE PROPERTY, NOT HOW THE CITY DOES ITS JOB. SO ALL OF THAT STUFF ABOUT THE CITY THAT'S NOT AT POINT IN THIS CASE, WE'RE LOOKING AT A HOUSE THAT WAS PURCHASED BY SOMEBODY AS AN INVESTMENT, AN INVESTMENT THAT DIDN'T WORK OUT. AND THE OBJECTIVE APPARENTLY IN, IN THE INVESTMENT WAS TO BUY LOW, MAKE SOME GOOD IMPROVEMENTS, VERY GOOD IMPROVEMENTS, AND THEN SELL AT A PROFIT. WE HAVE NEXT TO OUR HOUSE AN AIRBNB. AND THIS MORNING WHEN I WOKE UP, THERE WERE TWO CARS PARKED IN THE DRIVEWAYS AND FOUR CARS SPECIFICALLY RELATED TO THIS AIRBNB PARKED RIGHT ON OUR STREET RIGHT IN FRONT OF US. AND OFTEN THE HOUSE IS USED AS A PARTY HOUSE NOISE AT NIGHT AND ALL OF THAT. CURRENTLY WE HAVE A LIMIT OF NUMBER OF AIRBNBS ON THE BLOCK FACE TO MAINTAIN OUR MA NEIGHBORHOODS LOOK AND FEEL, RATHER THAN TURN TO A PROPERTY BECOMING AN ALTERNATIVE TO A HOTEL. AND THAT'S WHAT'S BEING DONE HERE. IF THIS IS APPROVED, IF THE PERSON BOUGHT IT AND THEY BOUGHT IT AS AN INVESTMENT, SOMETIMES YOU WIN, SOMETIMES YOU LOSE AS AN INVESTOR. IN THIS CASE, MAYBE THE INVESTOR LOST, MAYBE THE ASKING PRICE IN TODAY'S ENVIRONMENT THAT IT WAS PUT UP FOR SALE FOR IS TOO HIGH FOR [02:40:01] TODAY'S MARKET. OR MAYBE IT'S JUST THE MARKET ISN'T SELLING. BUT THAT SHOULDN'T IMPACT THE FACT THAT WE HAVE TO TURN MORE AND MORE OF OUR PROPERTIES IN OUR NEIGHBORHOOD INTO HOTELS. SO I THANK YOU FOR YOUR TIME AND I HOPE YOU'LL TAKE A LOOK AT THIS CASE AND REALIZE THAT WE'RE NEIGHBORS AND WE JUST WANT NEIGHBORS THAT WE CAN WALK OUT AND HAVE A BEVERAGE, WHICH ON OUR, ON OUR FRONT PORCH, NOT SOMEBODY THAT'S HERE TODAY. AND GOD TOMORROW, THANK YOU FOR YOUR TIME. THANK YOU. QUICK QUESTION. YES, COMMISSIONER, WE'RE TRYING TO GET THE ADDRESS OF THE HOUSE. OKAY. CAN YOU, CAN YOU OURS, OURS IS FULL WITH THE POINTER. CAN YOU TELL US WHERE THE HOUSE IS? THAT'S HIM AND OUR HOUSE. YES SIR. ON THE, WITH THE POINTER. OH MY GOSH. ON THE MAP THAT WE JUST HAD, LEMME SEE, WHERE IS THIS THING? THAT'S IT. OKAY, SO OUR HOUSE, OUR HOUSE IS ACTUALLY ONE HOUSE. YOU SEE THE CIRCLE AND THERE'S ONE THAT SAYS, UH, WHERE IS IT? 4 0 4. THAT'S ON MYRTLE AND JUST ABOVE IT IT SAYS 4 0 3 AT THE VERY TOP OF THE CIRCLE. I CAN'T SEE THE CORNER. OKAY, I'M SORRY. WE ARE RIGHT HERE. SO IF YOU LOOK JUST ABOVE THE CIRCLE, YOU'LL SEE THERE'S AN X AND THEN THERE'S TWO HOUSES. OURS IS THE NEXT HOUSE AND IT'S THE FRONT AND ALL THE WAY GOES ALL OVER. WE WERE FORTUNATE ENOUGH TO BE ABLE TO BUY AN EMPTY LOT ADJACENT TO OUR HOUSE AND TURN IT INTO A GARDEN, EVEN THOUGH WE WERE TOLD WE SHOULD HAVE JUST BUILT A FOURPLEX. IT'S A LOVELY GARDEN THERE NOW. THANK YOU. THANK YOU SIR. ALRIGHT, LET'S HAVE THE APPLICANT COME BACK, UM, GIVE YOU AN OPPORTUNITY TO REBUT WHAT WE, WHAT YOU JUST HEARD. YES. UM, I DON'T THINK HE KNOWS THE NEIGHBORS AT THE SIXPLEX A ACROSS THE STREET, UM, FROM HIS HOUSE NOT HAVING A DRINK WITH THEM. AND NONE OF THEM KNOW THE NEIGHBORS THAT ARE DIRECTLY NEXT TO ME. I'VE ASKED MY NEIGHBORS, SO, UH, THEY'RE ON A COMPLETELY DIFFERENT STREET. UM, CAN YOU MOVE THE MIC UP A LITTLE BIT? SORRY. THANK YOU. SO THEY DON'T KNOW THE NEIGHBORS AROUND ME, THEY TALK ABOUT WANTING TO BE NEIGHBORS WITH THE PEOPLE AROUND ME. THEY DON'T KNOW THEM. AND THEY'VE LIVED THERE FOR, UH, SINCE WHAT, 1998, SOMETHING LIKE THAT. SO I DON'T KNOW HOW MUCH LONGER THEY NEED TO BECOME NEIGHBORS WITH THE PEOPLE AROUND ME. I HOWEVER DO KNOW MY NEIGHBORS. UM, LIKE I SAID, WE HAVE REGULAR COMMUNICATIONS AND SO, I MEAN, I DON'T WANNA BE UGLY ABOUT IT, BUT YOU KNOW, THIS IS A COMPLETELY DIFFERENT SCENARIO. TALK ABOUT A PARTY HOUSE. PART OF THE REASON I SHOWED YOU GUYS ALL THE, UM, THE REVIEWS AND, AND MY, GIVE YOU MY RATING AND ALL THAT. I DON'T HAVE PARTY HOUSES. I HAVE ZERO COMPLAINTS EVER ON ANY OF MY PROPERTIES. WE DON'T PARTY HOUSES ARE, UH, I'M ASSUMING THAT THAT HOUSE THAT HAS THE PARTY HOUSES HAS NOT BEEN RENOVATED. IT'S PROBABLY NOT, UM, UP TO MY STANDARDS. THEY PROBABLY DON'T CHARGE AS MUCH AS I DO. PROBABLY DON'T VET THEIR TENANTS. I DO. AND THAT'S, THAT'S KIND OF THE REASON WHY I SHOWED YOU GUYS ALL THAT STUFF. UM, THE CARS, YEAH. THEN LISTEN TO MY PRESENTATION. THE CARS ARE GONNA BE A PROBLEM WITH DOING 30 PLUS DAY RENTALS. I DON'T WANNA RENT TO THESE COLLEGE KIDS, BUT I WON'T HAVE A CHOICE. LIKE, SO ONE QUESTION I HAVE. HOW LONG WAS THE HOUSE, UM, SITTING THERE VACANT BEFORE YOU BOUGHT IT? UH, I BELIEVE ABOUT FOUR YEARS. THERE WERE THREE OTHER INVESTORS THAT TRIED TO DO THE RENOVATION ON IT BEFORE IT CROSSED MY PLATE. THEY FAILED. OKAY. ALRIGHT. IS THERE ANY QUESTIONS BEFORE WE MOVE ON EZ? YES. COMMISSIONER EZ, YOU SAID YOU HAD OTHER, UH, ST HERE IN TOWN? CORRECT. AND HOW MANY DO YOU HAVE? UH, FOUR. OKAY. UH, ARE ANY OF THOSE IN HISTORIC? ALL I ONLY DO HISTORIC. SO WHAT WAS THE DIFFERENCE BETWEEN THOSE AND THIS ONE AS FAR AS YOUR, YOUR, YOUR VETTING PROCESS AND LIKE HOW YOU, HOW YOU LOOKED AT THOSE FOUR AS OPPOSED TO THIS ONE? I DID IT THE SAME WAY. YEAH. LOOKING AT THE ONE-STOP MAP, UH, MATTER OF FACT, SO I VETTED THIS ONE EVEN EXTRA. 'CAUSE QUITE FRANKLY, YOU TALK ABOUT BUYING, BUYING LOW AND SELLING HIGH OR WHATEVER, I SPENT OVER A HALF A MILLION DOLLARS ON THIS HOUSE IN A DILAPIDATED CONDITION. I DON'T CONSIDER THAT BUYING LOW. UM, AND SO I DID VET IT. I ACTUALLY DIDN'T REALLY WANNA SPEND THE MONEY ON IT, BUT I'VE WANTED A HOUSE BY THE PEARL AREA AND SO I TRIED AS I, I TRIED AS MUCH AS I COULD TO FIND A REASON TO NOT BUY THE HOUSE AND I COULDN'T, COULDN'T. OKAY. THANK YOU. ALL RIGHT. IF THERE'S NO ONE ELSE, WE'RE READY TO MOVE ON TO A MOTION, I'LL MAKE THE MOTION. COMMISSIONER ZUNI, REGARDING CASE NUMBER BO EIGHT DASH 24 DASH 0 3 0 2 2 1. I MOVE THAT THE BOARD OF ADJUSTMENT, GRANTED SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO SHORT-TERM RENTAL UNIT SITUATED AT 3 3 5 EAST PARK AVENUE, APPLICANT BEING, UM, WELL, MR. COKER, UM, IS THE APPLICANT STILL K KILLING GRIFFIN AND FERMAN? ARE WE THAT'S MY ATTORNEY, YEAH. OKAY, GOOD. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY SUCH THAT A LITTLE ENFORCEMENT [02:45:01] OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY CH ENDANGER THE PUBLIC HEALTH OR SAFETY. THE BOARD FINDS THAT THE REQUEST TO OPERATE AN ADDITIONAL SHORT TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY OR WELFARE. THERE IS NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS, AND LONG TERM RENTAL AT THIS FACILITY. B, THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE. THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE A PUBLIC NUISANCE WOULD BE CREATED IF AN ADDITIONAL SHORT-TERM RENTAL PERMIT WAS APPROVED. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY AND MULTIFAMILY STRUCTURES. THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WILL SUBSTANTIALLY INJURE NEIGHBORING PROPERTIES AS A TYPE TWO SHORT TERM RENTAL, DE ADEQUATE UTILITIES, ACCESS, ROADS, STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY, UH, FACILITIES HAVE BEEN, ARE BEING PROVIDED. THE SUBJECT PROPERTY PROVIDES ALL STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS IN OPEN SPACE. E THE APPLICANT OR OWNER FOR THE SPECIAL EXCEPTION, DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSE. CONFIRMED CITATIONS ARE ADJUDICATED OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITHIN ONE YEAR PRIOR TO THE DATE OF THE APPLICATION. THE OWNER HAS TWO LICENSES THAT HAVE BEEN, UM, REVOKED AT OTHER PROPERTIES AND F THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACT OF THE DISTRICT IN A LOCATION WHICH THE PROPERTY FOR WHICH A SPECIAL EXCEPTION IS SOUGHT. THE SPECIAL, THE SUBJECT PROPERTY IS LOCATED IN A CLOSE PROXIMITY TO OTHER RESIDENTIAL USES WITH THE PROPERTY OWNER PROVIDING OFF STREET PARKING AND MAINTAINING IT FROM THE NEIGHBORING AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY. THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION OF WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION END OF MOTION. ALL RIGHT. IS THERE A SECOND? SECOND. SECOND. OKAY, SECOND. BY COMMISSIONER BENAVIDEZ. COMMISSIONER O ZUNA. RIGHT. A VERY DIFFICULT, UH, CASE, RIGHT? I MEAN THERE'S THE, UH, QUEING EFFECT IF, IF THE CITY DOES NOT, YOU KNOW, HAVE, I BELIEVE A A, UM, A PROGRAM IN PLACE TO ALLOW INVESTORS TO GET SOME ASSURITY THAT THEY, ONCE THEY'RE BUYING A PROPERTY FOR REDEVELOPMENT INTO THE SHORT TERM RENTAL THAT THEY HAVE, YOU KNOW, SOME SURETY GUARANTEE THAT IT'S GONNA BE, I'VE, I'VE, I'VE RECOGNIZED THIS DEFICIENCY IN THE PROGRAM, UH, AND, AND THE PROCESS FOR, FOR A WHILE. I THINK, YOU KNOW, HE, HIS INTENTIONS WERE GOOD. DID ALL DO, DID ALL THE DUE DILIGENCE. I'M LEANING INTO THE CONSIDERATION OF A DISTRESSED STRUCTURE AS, UH, YOU KNOW, A RESTORATION OF HISTORIC LANDMARK OR STRUCTURE IS A VALUABLE ADDITION TO THE QUALITY OF THE CHARACTER OF THE CITY. I BELIEVE THAT WHAT THE APPLICANT DID WITH GOOD FAITH DO HIS, HIS, UH, DUE DILIGENCE HAS RENOVATED THE PROJECT INTO A, A, A UNIQUE, UM, BUILDING THAT ADDS CHARACTER TO THE CITY. UM, AND, YOU KNOW, HE DID ALL THE RIGHT STEPS, I BELIEVE HERE. THE, THE BUILDING SAT VACANT FOR FOUR YEARS AS A DILAPIDATED PROPERTY. HE BROUGHT IN THE CAPITAL NEEDED TO MAKE THE PROJECT WORK AND, AND, UH, FOR THAT, I MEAN, WE'RE, WE'RE TALKING ABOUT, YOU KNOW, A A MINIMAL ADDITION TO THE SHORT-TERM RENTAL DENSITY TO THE AREA. AND, YOU KNOW, I, I BELIEVE HE DID ALL THE RIGHT GESTURES HERE AND I'M SUPPORTING THE MOTION AS READ COMMISSIONER BEES. WHILE I AGREE WITH MY COLLEAGUES ON ALL OF HIS POINTS, I AM GOING TO HAVE TO, UM, NOT SUPPORT THIS FOR THE SIMPLE REASON THE CITY HAS DENSITY LIMITS PUT IN PLACE FOR A REASON. AND ALSO, LET'S NOT FORGET THAT THIS IS ALSO THE SAME APPLICANT WHO ATTEMPTED TO BUY, UM, BUY FAVOR BY HIS NAB, YOU KNOW, WITH HIS NEIGHBORS, NOT TRUE BY, UM, BY, UM, OFFERING THEM OFFERING TO PAY THEM $50, UM, IF THEY WERE IN SUPPORT OF, OF HIS, UH, OF THIS MOTION. SO UNFORTUNATELY, WHILE YES, I, I DO, UM, UNDERSTAND THAT HE DID, UM, HE DID PUT LOTS OF MONEY AND HE DID AN AMAZING JOB WITH THIS HOME, WITH THIS, UH, PARTICULAR PROPERTY DENSITY LIMITS ARE PUT IN PLACE FOR A REASON. SO I WILL NOT BE IN FAVOR OF THE MOTION MS CODE. IS ANYONE ELSE LIKE TO ADD MANANA COMMISSIONER MANANA? SO, UM, I'M GOING TO AGREE WITH MS. BENAVIDEZ. UM, YOU AND I THINK, UM, SOME OF MY CHALLENGES ARE, UM, I THINK THERE'S A FALSE EQUIVALENCY FOR, UM, THE HISTORICAL VISITOR NEEDING TO, UH, STAY IN A SHORT TERM STR. YOU KNOW, I ENJOY DRIVING THROUGH COMMUNITIES AND LOOKING AT OLD ARCHITECTURE AND THINGS, AND SO IT DOESN'T NECESSARILY REQUIRE THAT I BE IN THOSE HOMES TO RESPECT THOSE AREAS. AND SO I LIKE DRIVING THROUGH HISTORIC COMMUNITIES MYSELF. UM, YOU DIDN'T LISTEN TO WHAT I SAID. THEN THE SECOND THING VISITOR, SIR. AND THEN THE SECOND THING IS THAT I DON'T NECESSARILY AGREE THAT A, UM, HISTORICAL, UM, RESTORATION EQUATES TO A SHORT TERM RENTAL, YOU KNOW, AND, AND SO, YOU KNOW, ESPECIALLY WHEN IT IS THAT WE HAVE THE STR LIMITS WITH REGARDS TO DENSITY. AND SO, 'CAUSE I'D HATE TO THINK THAT SOMEONE COME THROUGH [02:50:01] AN ENTIRE COMMUNITY AND PROVIDE SOME LEVEL OF SHORT TERM OR, OR SOME TYPE OF DEVELOPMENT, AND THEN ALL OF A SUDDEN A WHOLE COMMUNITY THAT USED TO BE HISTORICAL HOMES NOW GETS TURNED INTO HISTORICAL SHORT TERM RENTALS. SO I WOULD HAVE PROBLEMS WITH THAT. ALL RIGHT. ANYONE ELSE LIKE THAT? I'LL GO AHEAD AND ADD IN CLOSING, I'M GONNA BE IN SUPPORT OF THIS ONE. UH, THE REASON WHY IS, UH, I AM NOT A FAN OF, OF PEOPLE SPENDING A LOT OF MONEY WITH, WITH NO GUARANTEE THAT THEY CAN MOVE FORWARD WITH THEIR INTENDED DESIGN. I MEAN, WHEN YOU'RE TALKING ABOUT HIM SPENDING $750,000 SO THAT EVERYONE IN THE COMMUNITY GETS HIS BEAUTIFUL HOUSE AND THEN HE GETS, HE GETS OUT, UH, A WHOLE BUNCH OF MONEY WITHOUT, WITHOUT GETTING TO RECOURSE. AND THAT, THAT KIND OF BOTHERS ME. YOU KNOW, THE $50 THING, I THOUGHT THAT'S, THAT'S NOT NICE. YOU SHOULDN'T DO THAT. BUT I'M NOT GONNA LET THAT SWAY MY DECISION BECAUSE I'M, I'M BASING IT ENTIRELY ON, ON TWO THINGS. UH, SECTION H ONE OF UDC 35 3 99 0.03. I THINK THAT THIS, UH, THE RESTORATION OF THIS HISTORIC STRUCTURE IS A VALUABLE ADDITION TO THE QUALITY AND CARE OF THE CITY. AND ALSO THE SECOND BULLET, THAT THERE IS PROOF THAT THE SHORT TERM RENT IS THE ONLY ECONOMICAL, FEASIBLE WAY TO FINANCE THE PRESERVATION OF THE STRUCTURE. YOU'VE GOT THESE OLD, DILAPIDATED STRUCTURES. THIS APPLICANT WENT IN AND SPENT AN OBSCENE AMOUNT OF MONEY FIXING IT, AND, AND THE PROOF IS THAT IT SAT THERE DILAPIDATED FOR FOUR YEARS, AND THEN SECONDLY, HE DID PUT IT ON THE MARKET AND NO ONE WOULD BUY IT. SO THAT, THAT PROVES THAT SECOND BULLET TO ME. SO I DON'T HAVE A PROBLEM AT, BASED ON THE TEXT OF WHAT WE'RE CHARGED TO LOOK AT THIS WITH. AND BESIDES, WE'RE ONLY GIVING HIM A THREE YEAR PERMIT. HE OBVIOUSLY IS A, IS IS DOING A GOOD JOB AS A, AS A AIRBNB, UM, UM, PROVIDER. AND, UH, IF HE DOES A HORRIBLE JOB, THIS PERMIT'S NOT GONNA GET RENEWED. AND I REALLY THINK THAT THE, YOU KNOW, MOVING FORWARD, I THINK THE CITY SHOULD HAVE SOME SORT OF MECHANISM FOR PEOPLE WHO WANT TO SPEND A LOT OF MONEY BUYING PROPERTY AND THEN SPEND FIVE TO SIX MONTHS RENOVATING PROPERTIES SO THAT THEY CAN HAVE SOME MASTER, UM, ASSURANCE THAT THEY'RE GONNA BE ABLE TO MOVE FORWARD ONE WAY OR ANOTHER. ANYWAY, I'LL BE IN SUPPORT. LET'S HAVE A ROLL CALL VOTE. COMMISSIONER UNA. YES, I CONCUR. COMMISSIONER BENAVIDES? NO, I DO NOT CONCUR. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? NO, I DO NOT. CONCUR. COMMISSIONER YBANEZ? NO, I DO NOT. CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER CRUZ? NO I DO NOT. COMMISSIONER MENA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BONILLA? YES, I CONCUR. COMMISSIONER KAPLAN? I DO NOT CONCUR. CHAIR ORIAN AND I CONCUR. UH, MOTION FAILS FOUR TO SEVEN IF YOU HAVE ANY QUESTIONS YOU GET WITH STAFF. SO DOES THE BOARD KNOW WHEN Y'ALL ARE FACING A LAWSUIT? I'M JUST WONDERING. UH, SIR, YOU YOU HAVE ANY QUESTIONS, SIR? WE CAN TAKE IT OUTSIDE. YEAH, DO Y'ALL, WE WILL FIND OUT IF ONCE WE GET SERVED, UH, YOU'RE SERVED ON ANOTHER ONE. IT DOES HAPPEN. WE ALL WE I KNOW, SIR. THE DISCUSSION'S OVER. YOU NEED TO MOVE OUT. I WANT THE BOARD ROOM PLEASE. THANK YOU. WE'RE GONNA BE TAKING A SEVEN MINUTE BREAK. WE'LL BE BACK AT 4:00 PM HERE. IT'S 4 0 2. I'D LIKE TO CHAIR, CHAIR. I'M HERE. I DON'T KNOW ABOUT, UH, WELL, I CAN, I CAN KIND OF SEE YOU UP IN THE LITTLE SCREEN. I THINK WE'RE LOOKING FOR COMMISSIONER BENAVIDES. THANK IS IS, UH, COMMISSIONER BENAVIDES BACK ON? UH, YEAH. ALRIGHT. YEP. LET'S HEAR ITEM FIVE. ITEM NUMBER FIVE, BO OA DASH 24 DASH 0 3 0 2 4 9. ADDRESS BEING 31 0 3 WARBUCK ROAD CA. COUNCIL DISTRICT SIX APPLICANT HORIZON LANDSCAPE. A REQUEST FOR A 11 FOOT VARIANCE APPLICATION FROM THE MINIMUM 15 FOOT LANDSCAPE BUFFER TO ALLOW A FOUR FOOT LANDSCAPE BUFFER AGAINST INGRAM ROAD AND TWO, A NINE FOOT VARIANCE OR APPLICATION FROM THE MINIMUM 15 FOOT LANDSCAPE BUFFER TO ALLOW A SIX FOOT LANDSCAPE BUFFER AGAINST WARS. BLOCK ROAD ZONING IS C3. SUBJECT PROPERTY IS LOCATED WEST OF NORTHWEST LOOP FOUR 10 ON THE CORNER OF WARS BLOCK ROAD AND INGRAM ROAD INTERSECTION. THE APPLICANT ON BEHALF OF THE PROPERTY OWNER IS REQUESTING 11 FOOT AND A NINE FOOT LANDSCAPE BUFFER VARIANCE TO ALLOW FOR A FOOT FOUR FOOT LANDSCAPE BUFFER ALONG INGRAM ROAD AND [02:55:01] A SIX FOOT BUFFER ALONG WARBUCK ROAD FOR PROPOSED COMMERCIAL DEVELOPMENT ON THE PROPERTY PERMITS OR PENDING RESULT OF THE BOARD OF ADJUSTMENT. THIS IS A SITE PLAN, UH, SUBJECT PROPERTY HISTORIC. UH, THIS IS THE WARBUCK ROAD VIEW AND THE INGRAM ROAD WARS BLOCK. INGRAM, UH, AND THEN SUN SURROUNDING AREA FOR THE BUFFER VARIANCE. STAFF RECOMMENDS APPROVAL IN BO OA DASH 24 DASH 0 3 0 0 2 4 9 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE APPLYING THE FULL BUFFER WOULD SIGNIFICANTLY LIMIT THE ABILITY OF USE OF THE PROPERTY. AND TWO, THE REQUESTED VARIANCES WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT STAFF. NEL 13 NOTICES ZERO AND FAIR ZERO IN OPPOSITION AND IS NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET OF THE SUBJECT PROPERTY. THIS CONCLUDES STAFF'S PRESENTATION. APPLICANT IS AVAILABLE. ALL RIGHT. SO THE APPLICANT COME FORWARD, STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT PLEASE. THANK YOU, MR. CHAIR. MY NAME IS JOHN ROBINSON. I'M A LANDSCAPE ARCHITECT. I LIVE AT 14,122 BLUFF MANOR. UM, OUR PROJECT IS AN INFILL, UH, PROJECT ON THE NEAR WEST SIDE. SORRY, I'M A LITTLE TOO TALL FOR THIS. UM, OUR PROJECT IS AN INFILL, UH, SITE ON THE NEAR WEST SIDE AT THE POINT WHERE WBA ROAD AND INGRAM ROAD, INGRAM ROAD COME TOGETHER. UM, THERE'S A SHARP LITTLE ACUTE TRIANGLE THAT'S CREATED THAT YOU CAN SEE ON THE PLAN THERE. IT'S JUST OUTSIDE LOOP FOUR 10. UH, THE SITE IS SURROUNDED BY, BY EXISTING COMMERCIAL AS WELL. UM, IT WAS, UH, HISTORICALLY, OR AT LEAST IN RECENT HISTORY, IT WAS A, A BRANCH BANK THAT WAS, UH, DEMOED SOME YEARS AGO, I GATHER FROM THE CONDITION OF THE SITE A NUMBER OF YEARS AGO. SO RIGHT NOW IT'S VIRTUALLY ALL PAVING. IT WAS PROBABLY BUILT AT LEAST 25 YEARS AGO BEFORE THE BUFFER ORDINANCE WAS ADDED TO THE UDC. 'CAUSE THERE'S CURRENTLY NO LANDSCAPE BUFFER ON EITHER W BLOCK PARKWAY OR INGRAM ROAD, UM, OF THE, UH, ZONING AND C3. SO THERE'S A TYPE B BUFFER THAT'S REQUIRED ADJACENT TO, TO WBA ROAD AND IN AND INGRAM. SORRY, I'M HAVING SPEECH TROUBLES TODAY AND INGRAM ROAD RIGHTS OF WAY. UM, UH, THERE'S CURRENTLY ZERO. THE PAVING GOES JUST ABOUT TO THE RIGHT OF WAY LINE. UM, THERE ARE TWO EXISTING TREES ON THE SITE. THERE ARE BOTH, UH, ACTUALLY REALLY NICE LOOKING MOUNTAIN LAURELS. UM, ODDLY ENOUGH. UM, AND OUR SITE PLAN PROPOSES TO PRESERVE THEM BOTH. UM, IN ORDER TO GET THE TRAFFIC FLOW, OR I GUESS I SHOULD, THE PROPOSED LAND USE FOR THE PROPERTY IS A, UH, UM, A SMALL COFFEE SHOP. I THINK IT'S 792 SQUARE FEET, GIVE OR TAKE, HAS TO HAVE A DRIVE THROUGH AROUND IT. SO THEY'RE GONNA FOLLOW BASICALLY THE FOOTPRINT THAT IS HERE. UM, UH, IT'S MY UNDERSTANDING THAT WE'RE GONNA KEEP THE TWO EXISTING DRIVEWAYS, THE ONE ON WACH AND THE ONE ON INGRAM. UM, WE'RE CURRENTLY PROPOSING TO, TO PROVIDE A LANDSCAPE BUFFER THAT IS A MINIMUM WIDTH OF FOUR FEET ON W BLOCK ROAD AND A MINIMUM OF SIX FEET ALONG INGRAM. UH, AS YOU CAN SEE, THOSE ARE THE MINIMUM WIDTHS AND THEN THE, THE LANDSCAPE BUFFERS BOTH AT THE HARD CORNER AND AT EACH OF THE TWO ENDS WIDEN OUT TO AS MUCH AS 16 FEET ON THE, THE, AT THE INSIDE EDGE OF THE DRIVEWAY TO UCK ROAD. UM, WE'RE PROPOSING TO PROVIDE ALL OF THE REQUIRED, UH, VEGETATION. WE JUST CAN'T, UH, THE, THE SITE PLAN SIMPLY WON'T FIT ON THE, THE LOT ITSELF. IT'S JUST A LITTLE BIT OVER FOUR TENTHS OF AN ACRE, WHICH IS A VERY SMALL COMMERCIAL LOT. SO, UM, THIS, THIS BUILDING IS ABOUT A SMALL, A COMMERCIAL BUILDING AS I'VE EVER SEEN. IT'S A, UM, IT'S, IT'S A COFFEE SHOP OF SOME TYPE RIGHT NOW. I'M NOT SURE WHAT THE, WHO THE ULTIMATE USER IS GOING TO BE. SO, UH, JUST A QUICK QUESTION. SO YOU, YOU'RE PROVIDING MORE LANDSCAPING, UH, THAN WAS IS CURRENTLY THERE? THERE'S CURRENTLY ZERO EXCEPT FOR THE TWO EXISTING MOUNT LAURELS. YES, THERE'S CURRENTLY ZERO LANDSCAPE. ALRIGHT, ANY, UH, COMMISSIONER QUESTIONS? HEARING NONE, IS THERE ANYONE SIGNED TO SPEAK ANY VOICEMAILS? NO PUBLIC COMMENT. WELL, ALRIGHT, THANK YOU. SO I'M LOOKING FOR A MOTION. COMMISSIONER UNA, REGARDING CASE NUMBER BO EIGHT DASH 24 DASH 0 3 2 4 9. I MOVED TO THE BOARD OF DISTRICT GRANT REQUEST FOR AN 11, UH, FOOT VARIANCE APPLICATION. COMMISSIONER UNA, I'M SO SORRY. CAN YOU MOVE? YEAH, I'M SORRY. I'M SO SORRY. THAT'S QUITE, I I DIDN'T HAVE THE MICROPHONE ON. SO, UH, REGARDING CASE NUMBER BO EIGHT DASH 24 DASH 0 3 2 49, I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED REQUEST FOR AN 11 FOOT VARIANCE APPLICATION FOR THE MINIMUM 15 FOOT LANDSCAPE BUFFER TO ALLOW A FOUR FOOT LANDSCAPE BUFFER AGAINST INGRAM ROAD AND TWO, A NINE FOOT VARIANCE APPLICATION FOR THE MINIMUM 15 FOOT LANDSCAPE BUFFER TO ALLOW A SIX FOOT LANDSCAPE BUFFER AGAINST HORSEBACK ROAD SITUATED AT 3 1 0 3 SBACK ROAD APPLICANT BEING HORIZON LANDSCAPE. BECAUSE THE TESTIMONY PRESENTED TO US THE FACTS THAT WE DETERMINED SO THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT, THE PROVISIONS [03:00:01] OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY THE REDUCED LANDSCAPE BUFFER WILL PROVIDE SUFFICIENT DISTANCE ALONG THE FRONT AND SIDE PROPERTY LINES. THEREFORE, IT'S NOT CONTRARY TO PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE FULL LANDSCAPE BUFFER WOULD REDUCE THE AMOUNT OF SPACE APPLICANT CAN BUILD ON THE PROPERTY. THREE, BUT GRANTING THE VARIANCE OF SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THREE, REDUCED LANDSCAPE BUFFER WILL OBSERVE THE SPIRIT OF THE ORDINANCE AS THERE WILL STILL BE A FOUR FOOT AND SIX FOOT, UM, LANDSCAPE BUFFER ALONG THE FRONT, INSIDE PROPERTY LINES FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OF THE NO USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER, THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE EXPERIENCE WILL NOT SUBSTANTIALLY INJURED THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE REDUCED LANDSCAPE BUFFER WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. UH, SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, ARE THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REDUCED, UH, LANDSCAPE VARIANCE IS SOUGHT DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS THE LOCATION AND SIZE OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND OF MOTION. IS THERE A SECOND? SECOND, SECOND BY COMMISSIONER STEVENS. COMMISSIONER ZOOM. RIGHT. UM, I'M GONNA BE SUPPORTING THE MOTION AS READ. UM, THIS, THE SITE IS VERY CONSTRAINED AND, UM, THERE'S NO LANDSCAPE BUFFER EXISTING. SO THE ADDITION OF THE BUFFERS, UH, THE FOREFOOT AND THE, UH, THE SIX FOOT IS IT BUFFER WILL, UH, BE AN IMPROVEMENT, UH, TO WHAT IS EXISTING CURRENT STATUS OF THE PROPERTY. AND IT PROVIDES, UH, E UH, ECONOMIC USE OF THE PROPERTY, WHICH IS, UH, VACANT LAND RIGHT NOW. SO, UH, PROVIDES SOME ECONOMIC USE OF THE PROPERTY. THANK YOU COMMISSIONER STEVENS. ALRIGHT, SO IT'S A SUPER TIGHT SITE AND I THINK THAT THE LANDSCAPE ARCHITECT DID A GOOD JOB OF BEING THOUGHTFUL WITH THE WAY THEY'VE ADDRESSED THE CORON. SO I'LL BE IN FAVOR. ALL RIGHT. ANYONE ELSE LIKE TO ADD? HEARING NONE. SO, ROLL CALL VOTE. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER MENA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER BONIA? YES, I CONCUR. COMMISSIONER KAPLAN, I CONCUR. CHAIR ORIAN AND I GIVE CONCUR THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. ALL RIGHT, NEXT CASE. ITEM SIX, BO OA DASH 24 DASH 1 0 3 0 0 2 1 4 IS 5 22 ALVO STREET COUNCIL DISTRICT FIVE APPLICANT FRANCISCO LOPEZ. A REQUEST FOR A 16 FOOT FIVE INCH VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE THREE FEET SEVEN INCHES FROM THE REAR PROPERTY LINE TO INCLUDE A 10 INCH OVERHANG ZONING IS R FOUR. SUBJECT PROPERTY IS LOCATED EAST OF SOUTH ZAMORA STREET, NORTHWEST OF RIO CITY ROAD ON SALVO STREET IN, ON OCTOBER 15TH, 2024, CODE ENFORCEMENT WAS CON CONTACTED IN RESPONSE TO A CITIZEN'S COMPLAINT REGARDING CONSTRUCTION ON THE PROPERTY. THE INVESTIGATION DETERMINED THAT THE BUILDING PERMITS HAD NOT BEEN OBTAINED PRIOR TO CONSTRUCTION AND A STOP WORK ORDER WAS ISSUED. THE APPLICANT BEING THE PROPERTY OWNER IS REQUESTING A 16 FOOT FIVE INCH VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW A STRUCTURE TO BE THREE FEET SEVEN INCHES FROM THE REAR PROPERTY LINE TO INCLUDE 10 INCHES OF OVERHANG. THE PROPERTY PREVIOUSLY RECEIVED A BOARD OF ADJUSTMENT APPROVAL FOR A SIDE SETBACK ON DECEMBER 2ND AND 2024. THIS REQUEST IS A CONTINUATION OF THE ORIGINAL REQUEST. PERMITS ARE PENDING. THE RESULT OF THE BOARD OF ADJUSTMENT IS THIS SITE PLAN, SUBJECT PROPERTY HISTORICAL VIEW, REAR SETBACK MEASUREMENTS. IT'S A 10 INCH OVERHANG. AND THEN THIS IS THE PROPERTY, UH, APPROXIMATE LOCATION OF WHERE THAT REAR ADDITION WAS PLACED ON THE SUBJECT PROPERTIES. AND THIS IS A SURROUNDING AREA STAFF'S RECOMMENDATION FOR THE REAR SETBACK VARIANCE. STAFF RECOMMENDS DENIAL AND VOA DASH 24 DASH 0 3 0 0 2 1 4 BASED ON THE FOLLOWING FINDINGS OF FACT, INSUFFICIENT SPACE TO REMAIN FOR THE REAR YARD AND FOR GREEN SPACE INCREASING THE RISK OF FIRE SPREAD AND OVERCROWDING IN THE LOT TO THE VARIANCE WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS OTHER PROPERTIES IN THE AREA APPEAR TO COMPLY WITH SETBACKS. [03:05:02] STAFF MAILED 44 NOTICES. ZERO IN FAVOR OF ZERO IN OPPOSITION AND NO RESPONSE FROM THE COLIN GARDEN NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFFS PRESENTATION. APPLICANT IS AVAILABLE. CAN YOU BRING UP THE PICTURE THAT YOU JUST, UH, THIS IS THE ONE LOOKING SIDEWAYS DOWN THE BACK. OKAY. THAT ONE RIGHT THERE? YEAH, THAT ONE RIGHT THERE? MM-HMM . SO THE, THE STRUCTURE ON THE RIGHT IS THE STRUCTURE IN QUESTION. THE STRUCTURE ON THE RIGHT HAND SIDE, YOU'RE CORRECT. AND THEN THE STRUCTURE BEHIND IT AND THE STRUCTURE IS THE REAR PROPERTY. THAT'S THE NEIGHBOR IN THE REAR PROPERTIES. UH, BUT THAT STRUCTURE BEHIND IT AND THE ONE TO THE LEFT, ARE THOSE THOSE NON-CONFORMING OR ARE THOSE GONNA BE CASES WE'RE GONNA BE HEARING AS WELL? IT COULD POTENTIALLY BE CASES YOU CAN HEAR AS WELL. OH, OKAY. POTENTIALLY. ALRIGHT. UH, LET'S HAVE THE APPLICANT COME FORWARD PLEASE. ALL RIGHT. NO, I WANNA SPEAK MY ENGLISH IS, UH, A LITTLE BIT CAN YOU, CAN YOU JUST MOVE THE MIC DOWN, MIC DOWN A LITTLE BIT? YEAH. TELL, I'M GONNA TRY TO, UH, EXPLAIN WHAT HAPPENED ON THIS PROPERTY. SURE. CAN YOU, CAN YOU STATE YOUR NAME? UH, MY NAME IS FRANCISCO LOPEZ AND I OWE, UM, 5 22 ALVO STREET. THANK YOU VERY MUCH. PLEASE PROCEED. UM, OKAY, UM, I'M GONNA START SAYING THEN, UM, I'VE BEEN IN THIS NEIGHBORHOOD FOR 58 YEARS. UM, WHEN I MARRIED MY HUSBAND, UH, HE WAS A, UM, A WORLD WAR II, UH, PERSON. AND, UH, HE PASSED AWAY IN THE 90. UH, I'VE BEEN IN THE NEIGHBORHOOD, LIKE I SAID, FOR 58 YEARS. UH, UM, AFTER HE PASSED AWAY, I WENT TO LIVE ON 5 38, WHICH IS ANOTHER PROPERTY IN THE SAME BLOCK. AND THEN, UH, UH, UNFORTUNATELY, UM, WITH MY FOUR KIDS AND I RAISED IT. AND, UH, WHAT HAPPENED IS MY HOUSE BURNED OUT ON 2018 AND THEN I, I'VE BEEN ON ONE OF MY SON'S HOUSE FOR ALL THESE SEVEN YEARS BECAUSE I GET SOME KIND OF TRAUMATIZED, YOU KNOW, AND, AND I DON'T WANNA BE LIVING ALONE AND SCARED AND ALL THAT KIND OF STUFF. AND, AND I STARTED FEELING LIKE, UH, I WANNA GO AND STAY ON ON THIS HOUSE, WHICH IS USED TO BE MY MOM'S HOUSE. WE BOUGHT IT FOR HER AND, AND THEN, UH, I STARTED FIXING IT UP BECAUSE I DIDN'T HAVE ROOF. THE ROOF WAS ALL WATERED IN INSIDE AND, AND, UH, A LOT OF THINGS ARE BROKEN IN THE HOUSE. SO I STARTED, UH, I CONTRACT THIS PERSONS, THEN THEY SAID THEY GONNA FIX IT AND THEY, UM, I DIDN'T KNOW. THEY SAID THEY DON'T NEED THE PERMITS AND I BELIEVE ON THEM, YOU KNOW, SO THEY, UM, THEY DO, UH, I TELL THEM WHAT I WANNA DO AND, AND SO I CAN COME IN AND LIVE OVER THERE. AND THAT'S MY STORY, YOU KNOW, IT'S LIKE, UH, I NEED THIS HOUSE TO LIVE MYSELF BECAUSE I'M BEING IN AND TWO HOUSES OF MY SONS AND FOR ALL THESE SEVEN YEARS, AND I'M ALREADY TIRED OF THAT. AND, AND I NEED TO, TO START LIVING BY MYSELF FOR THE REST OF MY YEARS. THEN I HAVE LIVING, I'M, I GONNA BE 75 THIS, UH, THIS YEAR. AND, UH, I WISH I CAN, I CAN BUILD IT, YOU KNOW, I CAN, I CAN FIX IT UP, RIGHT? SO I CAN COME IN AND LEAVE AND THAT'S WHY I, I HAVE THAT RIGHT WAY. AND, AND THEN, UM, SO I, I DON'T HAVE TO BE, YOU KNOW, WITH THE, A LOT OF WATER, UH, COMING WHEN I COME IN OR WHEN I GO. SO, UM, THAT'S MY, THAT'S THAT'S THE STORY THEN, THEN I NEED TO SAY, YOU KNOW, OKAY, WITH MY, UH, WITH MY PROPERTY, I WISH YOU CAN HELP ME ON THAT, YOU KNOW, TO SEE IF, UH, IS CAN BE A WEIGHT AND I CAN BE, HAVE IT THE WAY IT IS RIGHT NOW. ALRIGHT. UH, IS THERE ANY, UH, QUESTIONS FOR THIS APPLICANT? KAPLAN MAAM? COMMISSIONER KAPLAN? YEAH. UM, CAN YOU TELL ME HOW FAR THE PROPERTY BEHIND YOU SEEMS TO HAVE A STRUCTURE IN THE BACKYARD? HOW FAR FROM THAT PROPERTY LINE IS THAT STRUCTURE AND HOW CLOSE WILL IT BE TO WHERE YOU PLAN TO PUT THE HOUSE? UM, THE OTHER STRUCTURE WAS VERY NEAR TO THE, THEIR FENCE. YES. SO I GOT, I THINK I GOT MORE MYSELF WITH WHAT THEY DO WITH, UH, THE ROOM THAN THEY MAKE, THAN THAT PEOPLE. SO DOES THAT HAVE A VARIANCE OF THE, THE CITY, THE, THE STRUCTURE BEHIND HER, WHICH ALSO SEEMS TO ALSO NOT, UH, HAVE SETBACK REQUIREMENTS? [03:10:01] HAS THAT BEEN, THAT DOES NOT HAVE A VARIANCE. UM, WE DID MENTION, WE DID, UH, FORWARD THAT TO CODE COMPLIANCE TO SEE IF IT WAS RECENTLY DONE OR ANYTHING LIKE THAT, SO THAT YOU MAY BE SEEING THEM IN THE NEAR FUTURE. OKAY. ALL RIGHT. OKAY. AND SO THAT'S VERY CLOSE AND YOURS IS NOW PLANNING TO BE THREE FEET, UH, THREE FEET, SEVEN INCHES FROM THE PROPERTY LINE. OKAY. COMMISSIONER MADDEN. SO, UM, SO IN YOUR NEIGHBORHOOD, IT, IT LOOKS TO ME LIKE THERE ARE PROBABLY OTHER NEIGHBORS THAT HAVE SIMILAR STRUCTURES WHERE THEY'VE KIND OF BUILT IT REALLY CLOSE TO THE BACK LINE. SO, SO DOES THAT SEEM TRUE TO YOU AS WELL? SO, SO LOTS OF OTHER HOMES IN YOUR NEIGHBORHOOD KIND OF FOLLOW, FOLLOW ALONG WITH HOW YOU BUILT YOUR HOME? UH, ALL THE PEOPLE DO WHATEVER THEY WANT, YOU KNOW, REALLY. I MEAN, WELL, I DON'T LIKE, NECESSARILY THEY, THEY DO WHATEVER THEY WANT, BUT THERE PROBABLY THERE LOOKS LIKE THERE'S OTHER EXAMPLES OF THAT IN YOUR NEIGHBORHOOD, RIGHT? YES. SO, OKAY. OKAY. THANK YOU. COMMISSIONER ZUNA RIGHT HERE. SO TO THE APPLICANT, UH, RIGHT HERE, UM, UNDERSTAND THAT IF, IF THE VARIANCE WERE TO PASS TODAY THAT THE STRUCTURE WOULD HAVE TO MEET ALL OF THE BUILDING CODES, THE FIRE CODES, UM, AND JUST MAKING SURE THAT YOU'RE, YOU KNOW, THAT YOU'RE GONNA HAVE TO MEET PLUMBING, FIRE, ELECTRICAL CODE, UH, WELL, UH, IMPROVEMENTS. I DON'T, UH, THAT WHAT THEY GONNA, WHAT THEY CONSTRUCTED, IT WAS ONLY THE DRIVEWAY AND IT WAS ALREADY, UM, THE DRIVEWAY AND THE ROOM ON JUST A STORAGE ROOM ON THE BACK. THE, THE ROOM ON THE BACK. THEN I CONS, I, I WANTED IT IS, IT IS, UH, IT DOESN'T HAVE ELECTRICAL PLUMBING, NO OR NO ANYTHING? YEAH. NO, NO, NOT EITHER. THE BUT IT'S STRUCTURAL, RIGHT? IT'S STRUCTURAL. SO YOU'D HAVE TO HAVE THE STRUCTURE, UH, REVIEWED BY THE CITY FOR A BUILDING PERMIT TO GET A BUILDING PERMIT. YEAH. AT THINK THEY ALREADY WENT TO SEE IT, BUT ANYWAY, YOU KNOW, OKAY. THEY CAN, THEY CAN SEE. I JUST WANNA MAKE YOU AWARE OF THAT. YEAH. AND IF YOU KNEW, I KNOW YOU HIRED A CONTRACTOR TO DO THE WORK. UM, NOT THE SAME ONES. OKAY. BUT YOU ORIGINALLY HAD A CONTRACTOR TO DO THE WORK. OH, WELL IT WAS THIS PERSON'S, YOU KNOW, BUT THEY'RE DISAPPEAR. DO YOU HAVE THE NAME OF THAT PERSON JUST SO WE, UH, YEAH, IF YOU COULD. I MEAN, WE JUST WANNA MAKE SURE THAT PEOPLE DON'T HIRE THAT PERSON YEAH. IN THE FUTURE, RIGHT? UH, WE, WE ARE TRYING TO DO THAT, YOU KNOW? OKAY. YES. WE COULD SHARE THAT WITH STAFF SO THEY KNOW WHO NOT TO HIRE. YEAH, THAT'S TRUE. SO MY, MY QUESTION FOR STAFF IS, IS IT, IT, UH, THE VARIANCE SAYS IT'S FOR A, UM, TO ALLOW A STRUCTURE, BUT THIS, THIS WAS IN ADDITION TO THE HOUSE, RIGHT? YES. OKAY. AND SO IT, IT IS GOING TO BE AIR CONDITIONED AND HAVE ELECTRICITY? NO, NO, NO AIR CONDITION. THE HOUSE DON'T EVEN HAVE AIR CONDITION. SO IT'S LIKE A, JUST UNITS. WELL, FOR STAFF, IF WE WERE TO APPROVE THIS TODAY, I'M ASSUMING IT'S OVER 300 SQUARE FEET. WHEN SHE GETS A PERMIT, DOES IT HAVE TO BE AIR CONDITIONED OR HAVE ELECTRICITY? I, I COULD SAY THEY'D NEED ELECTRICITY. I'M NOT A HUNDRED PERCENT SURE WHAT THE STANDARD IS FOR AC UM, OKAY. BUT THEY WOULD HAVE TO FOLLOW THE NOR THE NORMAL PERMITTING STANDARD FOR, UH, PRINCIPAL DWELLING STRUCTURE. ALRIGHT, THANK YOU. ANY OTHER QUESTIONS? EXCUSE ME. ALL RIGHT. HEARING NONE. UM, WELL, WHAT WE'RE GONNA DO IS WE'RE GOING TO, UM, SEE IF THERE'S ANYONE SIGN UP TO SPEAK. IS THERE ANY VOICEMAILS OR ANYONE SIGNED UP? NO PUBLIC COMMENT. ALL RIGHT. SO, UH, WE'RE GONNA MAKE A MOTION, SEE HOW THIS TURNS OUT. ALL RIGHT. WHO'D LIKE TO MAKE A MOTION? BOAZ COMMISSIONER BON. OKAY. CASE REGARDING CASE NUMBER BO OA 2 4 1 0 3 0 0 0 2 1 4. I MOVED AT THE BOARD OF ADJUSTMENT GRANT, A 16 FOOT FIVE INCH VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE THREE FOOT SEVEN INCH FROM THE REAR PROPERTY LINE TO INCLUDE A 10 INCH OVERHANG SITUATED AT 5 22 ALVO STREET. APPLICANT BEING FRANCISCO LOPEZ. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS WE HAVE DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE REAR SETBACK VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST, AS SUFFICIENT SPACE WILL REMAIN TO PROVIDE ADEQUATE SPACING BETWEEN THE PROPERTIES. UH, NUMBER TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE REAR SETBACK ORDINANCES WOULD RESULT IN A UNNECESSARY HARDSHIP AS THE APPLICANT WOULD BE REQUIRED TO MODIFY THE STRUCTURE TO MEET REAR SETBACK REQUIREMENTS. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WOULD BE, WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED REAR SETBACK VARIANCE APPEARS TO BE IN SPIRIT OF THE ORDINANCE AS IT PROVIDES ADEQUATE SPACING ON THE LOT AND THE NEIGHBORING PROPERTIES. NUMBER FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO OTHER USES OTHER THAN THOSE [03:15:02] ALLOWED WILL WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT, ADJACENT CONFORMING PROPERTY, OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GREATER, IF GRANTED THE REAR SETBACK VARIANCE WOULD NOT INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES AS SUFFICIENT SPACE WILL REMAIN BETWEEN PROPERTIES AND STRUCTURES. SIX. 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 AND THE UNIQUE CIRCUMSTANCES WERE NOT GRANTED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE OR THE RESULT OF GENERAL CONDITIONS IN THE, IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REAR SETBACK VARIANCE IS DUE TO UNIQUE CIRCUMSTANCES THAT WERE NOT CREATED BY THE PROPERTY OWNER, SUCH AS THE LOCATION AND SIZE OF THE LOT. END OF MOTION. SECOND. SECOND. UH, SECOND BY COMMISSIONER MANNA. OH, COMM. I'LL GIVE IT TO COMMISSIONER CRUZ. UH, COMMISSIONER UNI. YEAH, SO I'LL BE IN FAVOR OF THIS. UM, YOU KNOW, THE LOT SIZES OUT HERE, ALL NARROW. UM, THERE'S A, A LOT OF HOMES IN THIS AREA THAT HAVE BUILT, YOU KNOW, EVEN CLOSER TO, TO WHERE SHE'S LOOKING TO BUILD NOW. SO I, I THINK, UH, IT'S NOT REALLY ALTERING THE, THE CHARACTER OF THE, UH, THE NEIGHBORHOOD. SHE'S GONNA BE REQUIRED TO HAVE TO PULL ALL PERMITS FOR THIS ANYWAYS, SO, YOU KNOW, WE'RE GONNA KNOW THAT IT, IT'S AT LEAST BUILD, UH, UP TO CODE. COMMISSIONER CRUZ? UH, YES, I CONCUR WITH MR. BONILLA. THE COURT ALSO DO IS SINCE NONE OF THE NEIGHBORS COMPLAINED OR, OR WENT AGAINST HER AND, AND THE, UH, NEIGHBORHOOD ASSOCIATION DIDN'T COMMENT, I DON'T SEE ANY PROBLEMS WITH IT. ALL RIGHT. ANYONE ELSE LIKE TO ADD HEARING NONE. THIS HAVE ROLL CALL, VOTE PLEASE. COMMISSIONER EZ? YES, I CONCUR. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER BENA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER KAPLAN, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. IF YOU HAVE ANY QUESTIONS YOU GET WITH STAFF, CONGRATULATIONS. ALL RIGHT, ITEM NUMBER STEPHEN. THANK YOU. I JUST WANTED TO NOTE THAT YOUR, UH, DINNER IS HERE. YEAH. SO IF Y'ALL WANT TO GO GRAB A SANDWICH WHILE WE'RE EITHER LISTENING OR TALKING, GO AHEAD. ITEM NUMBER SEVEN, BO OA DASH 24 DASH 0 3 0 2 2 2. UH, ADDRESS BEING SEVEN 15 PIEDMONT AVENUE COUNCIL, DISTRICT TWO, APPLICANT AND ADDISON MARTINEZ. AND IT'LL BE A REQUEST FOR A VARIANCE TO ALLOW, UH, THREE SEPARATE STRUCTURES ON AN RM FOUR THAT IS LESS THAN ONE THIRD OF AN ACRE. TWO A HALF STORY VARIANCE FROM THE MAXIMUM TWO AND A HALF STORY TO ALLOW THREE STORY STRUCTURE. THREE, A SEVEN FOOT VARIANCE FROM THE MINIMUM 10 FOOT REAR SETBACK REGULATION TO ALLOW RESIDENTIAL STRUCTURE TO BE THREE FEET FROM THE REAR SETBACK. AND FOUR, A 10 FOOT GARAGE SETBACK FROM THE MINIMUM 20 FOOT GARAGE SETBACK TO ALLOW THREE ONE CAR GARAGES TO BE 10 FEET FROM THE PROP PROPERTY. IN LINE ZONING IS R FOUR. SUBJECT PROPERTY IS LOCATED EAST OF INTERSTATE 37 SOUTH OF IOWA STREET ON THE CORNER OF INTERSECTION, INTER CORNER INTERSECTION OF SANDERS STREET IN PIEDMONT AVENUE. THE APPLICANT BEING THE PROPERTY OWNER IS PROPOSING CONSTRUCTION OF A THIRD SINGLE FAMILY RESIDENTIAL STRUCTURE ON AN R FOUR, LOT LESS THAN ONE THIRD OF AN ACRE. 2 564 SQUARE FOOT NON SQUARE FEET. NONCONFORMING RESIDENTIAL STRUCTURES CONSTRUCTED IN 1921 EXIST ON THE PROPERTY. THE PROPOSED THIRD UNIT WOULD BE CONSTRUCTED BEHIND THE EXISTING STRUCTURES AND WILL INCORPORATE A THREE CAR GARAGE TO BE UTILIZED AS DESIGNATED OFF STREET PARKING FOR ALL THREE UNITS ON THE PROPERTY. DUE TO THE EXISTING UNITS AND LIMITED LOT SIZE, THE PROPOSED STRUCTURE WILL BE, UH, WILL REQUIRE A SEVEN FOOT VARIANCE TO ALLOW A THREE FOOT REAR SETBACK. A 10 FOOT GARAGE SETBACK VARIANCE WILL ALSO BE REQUIRED TO ALLOW PROPOSED THREE CAR GARAGE FROM, UM, TO BE 10 FEET FROM THE REAR PROPERTY LINE. ADDITIONALLY, FURTHER BUILDING REVIEWS DETERMINE THAT A HALF STORY VARIANCE WILL BE REQUIRED DUE TO THE PROPOSED HEIGHT AND PROXIMITY OF ADJACENT SINGLE FAMILY RESIDENCES. PERMITS ARE PENDING THE OUTCOME OF THE BOARD OF ADJUSTMENT. THIS IS A SITE PLAN OR SITE PLAN OF THE EXISTING CONFIGURATION OF THE LOT. AND THIS IS THE PROPOSED CONSTRUCTION OR PROPOSED PLAN. [03:20:06] AND THIS, UH, SITE PLAN VIEWS THE LOFT FLOOR PLAN, WHICH IS IN CONSIDERATION FOR THAT THIRD STORY. THIS IS SUBJECT PROPERTY. THIS IS THE LOCATION OF THE PROPOSED DEVELOPMENT HISTORICAL VIEW. AND THIS IS THE ABUTTING PROPERTY BEHIND OFF OF SANDERS AVENUE. AND THIS IS THE ABUTTING SIDE PROPERTY, UM, THAT IS TO THE LEFT. AND THIS IS THE SURROUNDING AREA. STAFF RECOMMENDATION FOR MULTI-UNIT CONSTRUCTION ON OUR RM. FOUR LESS THAN ONE THIRD ACRE REAR SETBACK, HALF STORY AND GARAGE SETBACK STAFF RECOMMENDS DENIAL AND BO OA DASH 24 DASH 0 3 0 0 2 2 2, EXCUSE ME, BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, CONCENTRATING THE THREE UNITS ON A LOT, ONE THIRD OF AN ACRE OR SMALLER WILL PROMOTE OVERCROWDING IN A SMALLER LOTS. TWO, THE REDUCED SETBACKS DO NOT PROVIDE ADEQUATE SPACING BETWEEN PROPERTIES AND RIGHT AWAY, AND THE WATER RUNOFF MAY IMPOSE ON ADJACENT PROPERTIES. AND THREE, THE INCREASED BUILDING HEIGHT WOULD ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT STAFF. MILLED 32 NOTICES. NINE WERE IN FAVOR OF ZERO IN OPPOSITION. AND DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION. OKAY. THIS CONCLUDES STAFF'S PRESENTATION APPLICANT IS AVAILABLE. A QUICK QUESTION ON THE HALF STORY, UH, VARIANCE PART OF IT. IS IT BECAUSE A LOFT IS TOO CLOSE TO THE EDGE OR SOMETHING? OR IS IT, I THINK IT'S BECAUSE THE SIZE HEIGHT OF WHERE THIS IS LOCATED IS IN THE PROXIMITY OF THE SINGLE FAMILY HOMES IN THE AREA, IF I'M NOT MISTAKEN. UM, OKAY. YOU'RE ASKING A LOCATION OF THE LOFT IN COMPARISON TO THE STRUCTURE. IS THAT WHAT WELL, I'M, I THOUGHT YOU CAN GO TWO AND A HALF STORIES IF YOU'RE WITHIN 50 FEET OF A, A BUDDING RESIDENTIAL. BUT IS DOES IT NOT MEET THE DEFINITION OF WHAT'S CONSIDERED A HALF STORY BECAUSE THE LOFT IS ALL THE WAY TO ONE EDGE INSTEAD OF BEING OFFSET BY A PERCENTAGE OR? CORRECT. OKAY. CORRECT. ALRIGHT, SO I WANTED JUST TO, SO WHAT I WAS ASKING IS, IS THAT A HALF STORY BY DEFINITION HAS TO, HAS TO HAVE CERTAIN DESIGN CONSTRAINTS, LIKE IT HAS TO, IT CAN'T EXCEED A CERTAIN 50% OF THE FLOOR BELOW IT AND IT HAS TO BE LOCATED WITHIN THE ANGLE DOWN OF THE ROOF. SO THIS LOFT IS POSITIONED TOO FAR OVER, IF IT WAS MORE CENTRALLY LOCATED, IT'D BE FINE. AND SO I JUST WANTED TO PUT THAT OUT THERE. OKAY. SO TO YOUR POINT, IT'S JUST A MATTER OF WHERE THE PLACEMENT OF THAT LOFT IS. YEAH. NOT NECESSARILY THAT, UH, THAT THERE IS ONE. AND SO, YOU KNOW, MY, SO ONE THING I HAVE FOR STAFF ON THIS IS, UM, SO THEY'RE ASKING FOR A THIRD STORY AND THAT KIND OF, YOU KNOW, MAKES EVERYTHING NICE AND CLEAN. BUT IS THERE A WAY TO WORD THIS TO WHERE WE'RE REALLY GIVING THEM A VARIANCE FROM THE LOCATION OF THE, OF THE THIRD LEVEL AS OPPOSED? BECAUSE IF YOU, IF YOU SAY THIRD STORY, THEN YOU'RE, YOU'RE ALLOWING THEM TO HAVE OPEN, OPEN PORCHES AND, AND, UM, AND IT CHANGES EVERYTHING AS OPPOSED TO LIMITING IT TO JUST WHAT THE REAL VIOLATION OF THAT STORY DEFINITION IS OR AS, AS SUBMITTED OR AS SUBMITTED. CORRECT. OKAY. AND JUST I GUESS TO FURTHER CLARIFY, UM, THE WAY YOU'RE LOOKING AT IT ALL THE WAY TO THE LEFT, TECHNICALLY THAT'S THE SIDE. SO YOU HAVE TO LOOK AT IT FROM THE FRONT AND IT WOULD KIND OF LOOK THE SAME WAY. IT WOULD BE ALL THE WAY TO THE LEFT, BUT YOU HAVE TO LOOK AT IT FROM, UM, THE SIDE OF THE STREET THAT IT'S ADDRESSED OFF OF PIEDMONT. OKAY. YEAH, BECAUSE THE SQUARE FOOTAGE OF THE LOFT IS OBVIOUSLY LESS THAN HALF OF THE BOTTOM FLOOR. RIGHT. AND THEN ALSO IT'S IF, IF THE ORIENTATION'S CORRECT, IF I UNDERSTAND IT CORRECTLY, THAT, UM, AREA IS ABUTTING THE OTHER TWO PROPERTIES THAT THIS PERSON OWNS. SO, SO ESSENTIALLY IT'S PUSHED ALL THE WAY AGAINST THE OTHER HOMES THAT ARE ON THAT LOT AND FURTHEST AWAY FROM THE NEIGHBORS, RIGHT? IF IF, IF I HAD THE PICTURE CORRECT. YEAH. AND, AND, AND YOU KNOW, THAT 50 FOOT RULE, I MEAN, YOU CAN DO A HALF STORY, YOU JUST CAN'T, YOU KNOW, BUT THIS IS JUST ME NOT MEETING THE DEFINITION OF A HALF STORY, SO, OKAY. OKAY. ALL RIGHT. LET'S HAVE THE AA BOARD. ALL RIGHT. PLEASE STATE YOUR NAME, TELL US ABOUT YOUR PROJECT. I AM ADDISON MARTINEZ. AND COULD YOU BRING UP MY SLIDES? [03:25:13] DO YOU WANNA DO THIS ONE FIRST? UH, JUST THE NEXT ONE. THE TWO, YEAH, THEY'RE ALL THE SAME. I JUST SENT TWO PDF OR WHICHEVER VERSION YOU PREFER. IT'S UP TO YOU. YOU CAN, UM, CYCLE THROUGH . OH, COOL. MYSELF. PERFECT. LET'S DO THAT PRESENTER MODE. COOL. OKAY. UM, GREAT. SO A FEW ITEMS TO DISCUSS TODAY. WHICH FIRST ONE I REALIZED IT WAS NOT PRESENTED ON THE CITY'S BEHALF, BUT JUST FOR THE RECORD, THE PARKING VARIANCE THAT WE DISCUSSED LAST TIME WAS AGAIN, ADVERTISED TO MY NEIGHBORS IN THE NEIGHBORHOOD ASSOCIATION. UH, SECOND, SINCE LAST WE MET, I DID SPEAK WITH THE NEIGHBORHOOD, UH, ASSOCIATION. THEY ARE OPPOSING THIS SOLELY OFF OF OPINION AND NOT FACT. AND LASTLY, THE HALF STORY VARIANCE. UH, I BELIEVE THE CITY IS MISINTERPRETING, UM, A NOTE WITHIN THE UDC AND ADDITIONALLY MISINTERPRETING THE IV 5 77. UH, SO DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION, I MET WITH THEM ON JANUARY 13TH. THEY STATED THAT THEY DO NOT LIKE THREE STORY STRUCTURES. RM FOUR ZONING BY RIGHT ALLOWS THREE STORY RESIDENCES IF THEY'RE UNDER 35 FEET. I EXPRESSED AS MUCH DURING THE MEETING. I EMAILED THEM THIS CODE AFTERWARDS AND THEY'VE SAID NOTHING. AND NUMEROUS THREE STORY RESIDENCES EXIST WITHIN WALKING DISTANCE OF MY PROPERTY. SO I MEAN, HERE'S FIVE OF THEM. I COULD THROW A BASEBALL AND EVERY SINGLE ONE OF THEM, AGAIN, I UNDERSTAND THE NEIGHBORHOOD ASSOCIATION DOES NOT LIKE THREE STORY STRUCTURES. THEY'RE ENTITLED TO THEIR OPINION. I BELIEVE I'M ENTITLED TO THE UDC CODE. SO I MEAN 0.1 MILE, 0.2 MILE 0.2 MILE. THESE ARE LITERALLY AROUND THE CORNER FROM MY PLACE. POINT TWO MILES, 0.2 MILES. UH, SO AGAIN, FULLY UNDERSTAND THAT THEY DON'T LIKE THREE STORY STRUCTURES THEY'RE ALLOWED BY. RIGHT. UH, NEXT, THE HALF STORY VARIANCE, I WAS TOLD IN COMMUNICATIONS WITH THE CITY THAT THEY ARE CITING UDC SECTION 35 3 10 NOTE 11 FOR THE REASONS FOR THIS. AND THE LITERAL TEXT OF THIS NOTE DOES NOT APPLY TO ME IF WE READ THE FIRST PART OF IT, THE MAXIMUM HEIGHT OF ANY PORTION OF A COMMERCIAL OFFICE OR MULTIFAMILY ZONING DISTRICT LOCATED WITHIN 50 FEET, SO ON AND SO FORTH. AND WE COULD JUST STOP RIGHT THERE BECAUSE MY LOT IS ZONED RM. IT DOES NOT ZONED COMMERCIAL OFFICE OR MULTIFAMILY. I POINTED THIS OUT TO THE CITY AND DIDN'T. AND I DID SAY ON MY OWN ACCORD, ON MY OWN RESEARCH THAT PERHAPS IT WASN'T NOTE 11, BUT IT WAS ACTUALLY AN IB 5 7 7, WHICH WE'RE TRYING TO GET TO. AND EVEN IB 5 7 7 DOES NOT APPLY TO ME. SO IF WE JUST QUICKLY GO THROUGH THIS. UM, SO YES, RM, WE DO NOTICE RM IS MENTIONED HERE. THIS CODE APPLIES TO A BUDDING LOT UNDER TWO CONDITIONS. IS THE ABUTTING LOT ZONED RESIDENTIAL OR IS IT THE BUDDING LOT REGARDLESS OF ITS ZONING? DOES IT HAVE SINGLE FAMILY RESIDENTIAL USE ON IT? WHAT IS SINGLE FAMILY RESIDENTIAL USE IS DEFINED RIGHT HERE. IT'S ANY LOT WITH FOUR LESS UNITS ON IT. SO AGAIN, A BUDDING LOT RESIDENTIAL ZONING, RESIDENTIAL USAGE. WE COULD SKIP THIS. I'M JUST BEING PEDANTIC HERE, BUT THERE'S A DIFFERENCE BETWEEN THE ZONING AND THE USAGE. CASE IN POINT, AN MF LOT WITH ONE UNIT ON IT THAT IS MULTI-FAMILY ZONING WITH SINGLE FAMILY RESIDENTIAL USAGE. CONVERSELY, AN R TWO LOT OR AN R FOUR LOT WITH A DAYCARE, AGAIN, SINGLE FAMILY ZONING, NON-RESIDENTIAL USAGE, THERE'S A DIFFERENCE. SO UDC HAS A GLOSSARY. IT'S, IT'S RIGHT HERE. SO WE DON'T NEED TO GO OFF MY OWN INTERPRETATION OF THESE WORDS. HERE'S THE LITERAL MEANING OF A BUDDING AND ADJACENT. UM, AGAIN, THIS CAN BE CONFUSING. I UNDERSTAND A BUDDING LOTS ARE ALSO ADJACENT, BUT ASIAN LOTS ARE NOT ABUTTING. AND HERE'S THE CODE. SO AGAIN, UH, PROPOSED COMMERCIAL OFFICE MULTIFAMILY DEVELOPMENT IS RESTRICTED TO THE SAME HEIGHT LIMITATION AS THE ABUTTING LOT WHEN DEVELOPED WITH SINGLE FAMILY RESIDENTIAL USE. SO AGAIN, WE'RE TALKING ABOUT ABUTTING LOTS WITH ESTABLISHED USE. HERE'S MY LOT. THE LOTS THAT I ABUT ARE VACANT. RM FOUR, THE LOTS THAT THE CITY DID TRY TO POINT OUT TO ME ARE ADJACENT TO ME. THEY'RE ACROSS THE STREET. BUT AGAIN, IF YOU'RE ADJACENT, YOU'RE NOT A BUDDING. SO THAT DOES NOT APPLY TO ME. UH, SECOND SECTION HERE, THE FIRST PART IS INTERESTING. DOES NOT APPLY TO ME THOUGH. IT'S TALKING ABOUT SINGLE FAMILY ZONE LOTS WITH THINGS LIKE A CHURCH OR LIKE A PARK ON IT. INTERESTING. THAT'S NOT, NOT WHAT WE'RE HERE TO TALK ABOUT THOUGH. BUT THE SECOND PART, HOWEVER, IF THE ABUTTING SINGLE FAMILY ZONED LOT IS VACANT, THE HEIGHT RESTRICTION STYLE APPLY. SO HERE WE'RE TALKING ABOUT SINGLE FAMILY ZONING, NOT SINGLE FAMILY USAGE. AND AGAIN, HERE'S THE LITTLE EULAR DIAGRAM OF ALL THE RESIDENTIAL ZONINGS. SO WE'RE SPECIFICALLY TALKING ABOUT ANYTHING THAT IS R DASH ZONED RESIDENTIAL SINGLE FAMILY. SO AGAIN, THE ABUTTING LOTS, THEY'RE NOT, THEY'RE NOT ZONED SINGLE FAMILY. THEY ARE ZONED RM. THIS CODE WOULD APPLY IF IT WAS AN R ZONING, BUT THIS IS RM. SO AGAIN, THIS CODE AS WRITTEN DOES NOT APPLY TO ME. AND I COULD STOP HERE, BUT I WENT ON AND SO FORTH TO TALK ABOUT SITUATIONS WHERE IT MAY APPLY TO ME. BUT AS WRITTEN, THIS DOES NOT APPLY TO ME. I DO NOT BELIEVE I NEED A HALF STORY VARIANCE. UM, I GUESS THE SECOND PART IS, I MEAN, I GUESS WE'RE REALLY JUST HERE TO TALK ABOUT. I AM, I AM REQUESTING A VARIANCE TO BUILD A THIRD UNIT AS DISCUSSED ON A LOT LESS THAN THIRD OF AN ACRE. AND THE TWO, UH, SETBACK VARIANCES, WHICH AGAIN, I AM WILLING TO COMPROMISE ON, BUT I DON'T BELIEVE I NEED A HALF STORY VARIANCE. SO I'LL STOP THERE. SO YOU'RE SAYING YOU DON'T NEED ANY VARIANCES? NO, THE HALF STORY VARIANCE. OKAY. YEAH. THE OTHER ONES I DO IS THE HALF STORE VARIANCE, WHICH I DON'T THINK WAS, SO STAFF IS THIS, UM, YOU KNOW, ASIDE, ASIDE [03:30:01] FROM THE HALF, IS THE HALF STORY WHAT HE'S PROPOSING? DOES IT MEET THE DEFINITION OF A HALF STORE? IT DOES NOT. UH, SO HE DOES NEED THE HALF STORY VARIANCE. EXPLAIN TO HIM IF THE APPLICANT BELIEVES HE DOES NOT NEED IT, PLEASE TELL THE BOARD YOU DO NOT WANT THEM TO CONSIDER THIS. UM, SO I'M, I'M, I'M GONNA CHIME IN ON THIS. MM-HMM . SO YOU ARE ALLOWED TO GO, YOU CAN DO TWO AND A HALF. RM FOUR COULD REQUIRE THREE STORIES. SO STAFF, CAN YOU EXPLAIN WHY IF RM FOUR ALLOWS FOR THREE STORIES, DOES IT ALLOW FOR THREE STORIES? CORRECT. BUT IF HE'S, UH, BUDDING, UH, SINGLE FAMILY RESIDENTIAL, AS WE EXPLAINED TO HIM, HE DOES NEED TO HAVE STORY VARIANCE. OKAY. AND THAT'S BECAUSE OF NOTE 11, CORRECT? THAT'S CORRECT. SO DO YOU WANNA READ NOTE 11 AGAIN? SO IN THAT, AND YOU KNOW, I UNDERSTAND WHAT HE'S GETTING AT IS WHERE IT SAYS A MAXIMUM HEIGHT OF ANY PORTION OF A COMMERCIAL OFFICE OR MULTIFAMILY ZONING DISTRICT. SO YOU'RE SAYING, WELL, RM FOUR COULD BE CONSIDERED MULTIFAMILY DEPENDING ON YOUR ACREAGE, JUST BECAUSE YOU COULD ONLY DO FOUR BECAUSE YOU'RE UNDER A THIRD OF AN ACRE. IF YOU HAD ONE ACRE, YOU COULD DO MORE THAN FOUR, WHICH WOULD MAKE IT MULTIFAMILY. CORRECT. SO THE QUESTION IS, DOES DOES THE CITY OF SAN ANTONIO CONSIDER RM FOUR POTENTIAL MULTIFAMILY ZONING DISTRICT? SO YEAH, THEY CAN SPLIT UP THE LOT AND HAVE MORE UNITS ON THERE. UM, BUT THIS SPECIFIC SCENARIO DOES NEED TO HAVE STORY VARIANCE WITH THE CURRENT PLANS THAT HE SHOWED US. OKAY. I'M GONNA POINT OUT AGAIN, THERE'S A DIFFERENCE BETWEEN A BUDDING AND ADJACENT, WELL THAT'S, WE'LL GET TO THAT IN A SECOND. I'M MORE CONCERNED ABOUT WHETHER OR NOT THIS IS CONSIDERED A MULTI-FAMILY ZONING DISTRICT. OKAY. SO THE STAFF CONSIDER R FOUR A MULTIFAMILY ZONING DISTRICT? WE DO NOT. OKAY. SO WHEN NOTE 11 SAYS A MAXIMUM HEIGHT OF ANY PORTION OF A COMMERCIAL OFFICE OR MULTIFAMILY ZONING DISTRICT LOCATED WITHIN 50 FEET, HOW DOES THAT INCLUDE AN R FOUR DISTRICT? THE R FOUR IS BEING USED AS A SINGLE FAMILY, MY OWN LOT, NOT THE VACANT ONES. IS THAT I, UM, I DON'T KNOW WHAT TO SAY ABOUT THAT. I MEAN, I'M JUST, I'M JUST READING THE TEXT. I MEAN, I, I UNDERSTAND WHERE HE IS COMING FROM. IS THIS BECAUSE HE'S DOING, HE'S ATTEMPTING TO DO THREE DIFFERENT STRUCTURES THAT IF ALL THREE, IF ALL THREE WERE HOOKED TOGETHER, THEN YOU WOULDN'T CONSIDER IT MULTIFAMILY OR, OR WHAT, OR SINGLE FAMILY OR HOW, HOW ARE YOU DOING THAT? UM, SO WE'RE TALKING ABOUT THE ABUTTING PROPERTY IS NOT HIS PROPERTY. UM, AS FAR AS BEING WITHIN THE DISTANCE, DOES, DOES THE FACT THAT THE, IT'S A VACANT LOT HAVE ANYTHING TO DO WITH ITS USE? I MEAN, IT'S NOT, IT DOESN'T HAVE A USE CURRENTLY. UH, NOT THE VACANT LOT. I THINK WE'RE, UM, WHEN WE SPOKE TO HIM EXTENSIVELY ON THIS, I THINK WE MENTIONED THE PROPERTIES TO NORTH FIRE MEMBER CORRECTLY. THOSE ARE ADJACENT, THEY'RE NOT A BUDDING HOLD ON. I WANT, I WANT HEAR FROM STAFF. I MEAN, IT'S, IT IS, UM, I'M, I'M, I STILL CAN'T GET PAST WHETHER OR NOT THIS IS CONSIDERED A MULTI-FAMILY ZONE OBJECT. 'CAUSE IF IT ISN'T, IT'S NOT A MULTI-FAMILY, WELL THEN NOTE 11 SHOULDN'T APPLY AT ALL. IT IT DOES AND IT'S BECAUSE YOU'VE GOTTA GO BACK TO THE IB, THE INFORMATION BULLETIN WHERE THIS WAS CLARIFIED FOR THIS VERY REASON. AND IT TALKS ABOUT DEVELOPMENT OF RMS AND MFS WHEN A BUDDING, UH, LOTS THAT ARE ZONED RESIDENTIAL. RESIDENTIAL OR LOTS DEVELOPED WITH A SINGLE FAMILY RESIDENTIAL USE. UM, SO THAT'S WHY WE, UH, HAVE THIS IB SO THAT IT CLARIFIES THE NEED ON THE RM SINCE IT WAS A LITTLE BIT AMBIGUOUS IN THE NOTE. UM, AND THEN IT DOES SAY, UH, THERE'S ACTUALLY A LITTLE EXAMPLE IN THERE IN AN ILLUSTRATION. IT SAYS IF RM OR MF IS A BUDDING AN RM FOUR LOT, THE HEIGHT RESTRICTION WITHIN THE FIRST 50 FEET IS 35 FEET AND THREE STORIES. SO, ALL RIGHT. COMMISSIONER STEVENS, THAT THAT SOUNDS LIKE HE'S AFFORDED THREE STORIES BY, RIGHT? MM-HMM . DID I HEAR THAT INCORRECTLY? NO, I THINK THAT'S WHAT THE CLARIFICATION STATES. THAT'S THAT'S EXACTLY WHERE I WENT RIGHT AWAY. 'CAUSE I KNOW THIS PROVISION AND I WAS LIKE, WAIT, WHAT'S, YEAH. SO IF RM AND R RM OR MF LOTS A BUT RM FOUR, THE HEIGHT RESTRICTION WITHIN THE FIRST 50 FEET IS 35 FEET AND THREE STORIES. THE HEIGHT LIMITATION DOES NOT APPLY WHEN ABUTTING A SINGLE FAMILY ZONE LOT THAT IS NOT DEVELOPED AS SINGLE FAMILY. HOWEVER, IF THE ABUTTING SINGLE FAMILY ZONE LOT IS VACANT, THE HEIGHT RESTRICTION SHALL APPLY WHILE AN INFO BULLETIN IS NOT SUPPOSED TO OVERRULE THE CODE. I MEAN, I, I I I, THE WAY I LOOK AT IT IS THAT IF I'M ZONED RM FOUR AND I'M OF A CERTAIN ACREAGE THAT WOULD ALLOW MORE THAN FOUR UNITS. [03:35:01] 'CAUSE RM FOUR, THE DENSITY IS WHAT, UM, 11 UNITS AN ACRE OR IS IT EIGHT OR SOMETHING? SO THAT'S AS LONG AS IT'S ONE LOT. IF ONE LOT OF RM FOUR, THAT WHAT I'M SAYING. BUT IF I, IF I WAS A ONE ACRE R FOUR LOT, I COULD PUT 10 UNITS IN THERE. IF YOU SPLIT UP THE LOT YES. NO IN A CERTAIN WAY NO SPLIT. YOU DON'T HAVE TO SPLIT THE NO, IF I, IF I WANTED TO OWN A 10 UNIT DEVELOPMENT ON AN RM FOUR, I COULD DO THAT. 'CAUSE THERE'S A DENSITY, THERE'S A DENSITY ON TABLE THREE 10 DASH ONE, WHICH IS KINDA WHAT YOU'RE REFERRING TO. BUT THE USE MATRIX DOES NOT ALLOW FOR MORE THAN FOUR UNITS. YEAH, I DON'T, I I'M GONNA HAVE TO LOOK INTO THAT REAL QUICK 'CAUSE THERE ANY OTHER QUESTIONS WHILE I DO THAT, IF I MAY THE, SORRY. COMMISSIONER CRUZ. UM, NOW THIS IS A QUESTION FOR THE APPLICANT. DO YOU ACTUALLY HAVE TO HAVE THE EXTRA HEIGHT AND YOU JUST GO WITH TWO STORIES OR WOULD YOU PREFER THE THIRD STORY? I'D PREFER THE, OR THE THIRD? I'D PREFER THE THIRD BECAUSE MY INTERPRETATION IS I'M ALLOWED IT BY RIGHT? YEAH, BUT NOT ON, NOT ON THAT SIDE OF A PROPERTY. THAT'S NOT SOMETHING THAT WE PREFER. AND I KNOW THAT THE NEIGHBORS PROBABLY, AND I'M SURPRISED ON WHAT YOU'RE SAYING AND I KNOW THAT THERE IS OTHER HOMES IN THE AREA THAT WERE RECENTLY BUILT THREE STORY. SO I UNDERSTAND THAT. BUT AM I MISUNDERSTANDING? WELL SEE WHAT HAPPENS. AM I MISUNDERSTANDING? THANK YOU. AM I MISUNDERSTANDING THAT RM FOUR HAS A RESTRICTION BASED OFF THE SIZE OF THE LOT AND THE HEIGHT? BECAUSE MY INTERPRETATION IS RM FOUR ALLOWS THREE REGARDLESS OF THE SIZE OF THE LOT, THE, THE RESTRICTION COMES WHENEVER YOU ABUT A RESIDENTIAL USAGE. WELL, THE, THE, THE, MY MY, MY HANG UP ON THIS IS THAT NOTE 11 IMPLIES THAT IT ONLY APPLIES IF YOU'RE A MULTI-FAMILY ZONE DISTRICT. IF RM FOUR IS NOT A MULTI-FAMILY ZONE DISTRICT, I DON'T EVEN CONTINUE READING THE NOTE. IT DOESN'T MATTER WHAT IT SAYS. THAT'S WHERE I'M AT. YEAH, . YEAH. SO I MEAN INFO BULLETIN OR NOT, I MEAN, YOU CAN'T PUT OUT AN INFO BULLETIN THAT, THAT CONTRADICTS WHAT THE CODE ACTUALLY SAYS. UM, SO I'M, I'M JUST, I'M, I DON'T KNOW, I CAN'T GET PAST THAT. IS THERE ANY OTHER QUESTIONS BEFORE WE MOVE ON WITH THE APPLICATION APPLICANT? ALRIGHT, KEEP, CONTINUE. UH, I MEAN THAT'S BASICALLY IT. JUST NOT TO, YOU KNOW, DRIVE THIS IN THE GROUND ANYMORE. BUT THE INTENTION, MY, MY UNDERSTANDING IS THE INTENTION OF THIS IS RIGHT, IF I DID IT BUT A R ZONED LOT WITH A SINGLE FAMILY USAGE ON IT, THEN YES I WOULD BE RESTRICTED TO THE MAXIMUM HIGH OF R ZONING, WHICH IS 35 AND TWO AND A HALF. SO THAT'S WHERE IT WOULD APPLY. OKAY. WAIT, WAIT, WHY ARE YOU SAYING THAT? I JUST, BECAUSE I FEEL LIKE THAT'S WHERE THIS MISINTERPRETATION IS COMING IN. SO, WELL IF YOU'RE NOT A MULTIFAMILY ZONE DISTRICT AND I DON'T READ NOTE 11 AT ALL, THEN YOU SHOULD GO TO THREE STORIES AND NONE OF THIS MATTERS. THANK YOU. I MEAN THAT'S EXACTLY WHERE I'M AT. SO I GUESS IF WE'RE LAYING THAT TO REST, THEN YES, I THINK THE THINGS I GUESS WE HEAR TO DISCUSS ARE THE PERMISSION TO BUILD A THIRD TOUCH UNIT AND THEN THE SIDE SETBACKS, WHICH AGAIN, I'M WILLING TO COMPROMISE ON, BUT THEY WERE JUST PROPOSED AS THEY WERE. 'CAUSE I AM TRYING TO PROVIDE THE MOST SPACE BETWEEN THE EXISTING UNITS AND THE PROPOSED STRUCTURE. AND I MEAN JUST THE OTHER SETBACK IS JUST A PREFERENCE, BUT I MEAN I'M WILLING TO COMPROMISE THERE. ALL RIGHT. IS THERE ANY COMMENT ABOUT THE UH, 20 FOOT ON THE DRIVE BEHIND THE GARAGE? SO THE ONLY REASON FOR THAT IS, AND IF YOU KIND OF GO BACK AND LOOK AT, JUST AT MY EXAMPLES OF MULTIFAMILY WITHIN DENVER HEIGHTS IS RIGHT, YOU CAN'T PREDICT THE FUTURE. BUT I'M FAIRLY CERTAIN THAT THE VACANT LOTS BEHIND ME WILL BE BUILT AS TALL AS POSSIBLE. I MEAN, JUST LOOKING AT THAT. SO MY ONLY REASON IS JUST TRY NOT TO BE SQUEEZED IN THE BACK CORNER SURROUNDED BY STRUCTURES LIKE THIS. THAT'S MY ONLY REASON TRYING TO GET AS CLOSE TO SANDERS AS POSSIBLE. BUT AGAIN, IF THIS IS GONNA BE A STICKING POINT, I'LL ABSOLUTELY JUST MOVE THE STRUCTURE BACK AS FAR BACK AS I NEED TO AND JUST ACCEPT WHATEVER SETBACK IS, YOU KNOW, NEEDED MANA COMMISSIONER MANNA. SO, SO THESE ARE GREAT EXAMPLES OF WHY IT IS THAT THE CODE CHANGED. AND SO, SO WE SAW A LOT OF THESE KIND OF STRUCTURES COME THROUGH AND A LOT OF 'EM WERE IN DENVER HEIGHTS UNFORTUNATELY. AND SO, SO THE THREE STORY DIALOGUE, UM, YOU KNOW, KIND OF CALLED THAT OUT VERSUS THE TWO AND A HALF STORY AND SO, SO WEDDING CAKE DESIGN AND THOSE KIND OF THINGS. AND SO, SO 'CAUSE WE, YOU KNOW, THERE, THERE IS A CHALLENGE WITH REGARDS TO UM, UM, LIGHT AVAILABILITY OF A BUDDING PROPERTIES AND, AND WHEN IS THAT YOU HAVE THOSE TALL STRUCTURES AND THAT'S WHY WE CHANGED A LOT, LOT OF THOSE RULES SO THAT, YOU KNOW, SO THAT WE DON'T SEE THAT EVERYWHERE. AND SO, SO WE DID, WE DO HEAR YOU WITH REGARDS TO THE REQUIREMENT AND SO, UM, AND THAT DIALOGUE WOULD COME UP IN ANY OTHER CASE AROUND, YOU KNOW, I GUESS A BUDDING THOSE PROPERTIES. SO. ALRIGHT. ANY OTHER, IS THERE ANYONE CENTERED TO SPEAK OR ANY VOICEMAILS? NO PUBLIC COMMENT. OKAY. UH, IS THERE ANY OTHER COMMISSIONER QUESTIONS? STEVENS, COMMISSIONER STEVENS [03:40:01] ARE, ARE WE GOING TO BE STRIKING VARIANCE REQUEST NUMBER TWO? DID WE COME TO A CONCLUSION ON THAT? I DON'T KNOW. I MEAN, I I THINK HE'S ALLOWED TO GO TO THREE STORIES BY RIGHT, BUT SO DO I AND, BUT I DON'T, I MEAN I DON'T WANT US TO REMOVE IT AND THEN HIM GET JAMMED UP AT THE CITY IF THEY DISAGREE. SO MANNA COMMISSIONER MAY, SO MY RECOMMENDATION IS DESIGN BECAUSE, YOU KNOW, I THINK IF THERE'S DIALOGUE WITH REGARDS TO THE DEFINITION OF A THREE STORY AND AS IT'S CURRENTLY DESIGNED AND LAID OUT, YOU KNOW, I THINK THAT PERSONALLY I WOULD NOT HAVE AS HAS, YOU KNOW, SEEING THE FULL, SO FULL THREE STORY PROVIDED FOR THE WHOLE STRUCTURE WOULD BE A LITTLE PROBLEMATIC. BUT AS DESIGNED, I, I THINK THAT I'M A LITTLE BIT MORE AMICABLE TO THAT. AND SO MAYBE THAT COVERS YOUR, YOUR POINT AS WELL IN THE FUTURE. YEP. YEAH, I I JUST THINK BY RIGHT, HE COULD DO A FULL THIRD STORY, SO I KNOW IT'S A HUNDRED PERCENT AGREE. OKAY, UM, I GUESS WE'RE LOOKING FOR A MOTION THEN. I STEVENS COMMISSIONER STEVENS NUMBER SEVEN REGARDING CASE NUMBER BO EIGHT DASH 24 DASH 1 0 3 0 22. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR ONE OF VARIANCE TO ALLOW THREE SEPARATE STRUCTURES ON AN R FOR THAT IS LESS THAN ONE THIRD OF AN ACRE. AND I'M, I'M GONNA HOLD OFF ON READING NUMBER TWO BECAUSE I DON'T THINK IT'S REQUIRED. UM, UH, OKAY, I'M GONNA SKIP NUMBER TWO, THREE, UH, SEVEN FOOT VARIANCE FROM THE MINIMUM 10 FOOT REAR SETBACK REGULATION TO ALLOW RESIDENTIAL STRUCTURE TO BE THREE FOOT FROM THE REAR SETBACK. AND FOUR, A 10 FOOT GARAGE SETBACK FROM THE MINIMUM 20 FOOT GARAGE SETBACK TO ALLOW THREE ONE CAR GARAGES TO BE 10 FEET FROM THE PROPERTY LINE SITUATED AT 7 1 5 PIEDMONT AVENUE. APPLICANT BEING ADDISON MARTINEZ BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WERE, THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. STAFF FINDS THE REQUEST WILL NOT BE CONTRARY TO THE PUBLIC INTEREST AS CONCENTRATING THREE SEPARATE UNITS UNDER A LOT LESS THAN ONE THIRD OF AN ACRE WILL NOT INJURE NEIGHBORING PROPERTIES WITHIN THE SURROUNDING AREA. THE REDUCED REAR AND GARAGE SETBACKS WILL PROVIDE ADEQUATE SPACING FOR ADJACENT PROPERTIES AND PUBLIC RIGHT OF WAY. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF FOUND A SPECIAL CONDITION EXISTING ON THE PROPERTY WHERE A LITERAL ENFORCEMENT OF, OF THE ORDINANCE WOULD NOT PROVIDE THE ADEQUATE CONDITIONS NEEDED FOR A MULTI-FAMILY DEVELOPMENT ON RM FOUR ZONED PROPERTY. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED. THE SUBSTANTIAL JUST AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUEST APPEARS TO BE IN SPIRIT WITH THE ORDINANCES. THE REQUESTED VARIANCES WILL PROVIDE ADEQUATE DISTANCE BETWEEN THE PRO PRO STRUCTURE AND PROPERTY LINE TO ENSURE PROPERTY MAINTENANCE AND SEPARATION CAN OCCUR AS WELL AS SECURE OFF STREET PARKING FOR THE ON THE PROPERTY. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OF OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. GRANTING A THIRD RESIDENTIAL STRUCTURE ON A LOT LESS THAN ONE THIRD OF AN ACRE, TWO FOOT REAR SE REAR SETBACK, THAT SHOULD BE THREE FOOT REAR SETBACK, 10 FOOT GARAGE SETBACK FOR WILL PROVIDE THE SPACE NEEDED FOR MULTI MULTIFAMILY DEVELOPMENT, WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX. THE PLATO, THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY IN 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. END OF MOTION. SECOND, UH, WE HAVE A SECOND BY COMMISSIONER BONNI. COMMISSIONER STEVENS. I'M FULLY IN SUPPORT OF THIS PROJECT. I THINK YOU'VE PUT A LOT OF THOUGHT INTO IT AND YOU OBVIOUSLY UNDERSTAND THE UDC AND I THINK YOU CAME TO US WITH GREAT EVIDENCE. I LEFT OFF THE THIRD STORY MENTION OF THE THIRD STORY IN THE READING OF THIS VARIANCE MOTION, BUT I'D BE HAPPY TO, TO HEAR FROM THE REST OF THE BOARD IF WE NEED TO, TO ADJUST THAT. OKAY. COMMISSIONER BOEZ. YEAH, I'M GONNA, I'M GONNA BE IN SUPPORT OF THIS ALSO, UM, FOR THE SAME, UH, FOR THE SAME REASONS, UH, MY COLLEAGUE SAID THERE. UH, I THINK THIS AREA ALSO IS, IS AN AREA WHERE WE'RE THE CITY'S WANTING MORE DENSITY. UH, YOU KNOW, IT'S WHY IT'S IT'S MULTI, IT'S ALL IN FOUR AND THIS, UH, THIS GENTLEMAN'S PUTTING, PUTTING MORE [03:45:01] DENSITY THERE. HE'S, HE'S GIVEN A PLACE FOR PEOPLE TO LIVE. UM, AND WHILE HE'S THERE AS WELL, YOU KNOW, SO, SO I THINK THIS IS, UH, THIS IS IDEAL FOR, FOR THE AREA AND, UH, AND DENSITY THAT THAT'S TRYING TO BE, TRYING TO BE FILLED IN, IN ALL THESE INFILL LOTS. OKAY. I WANTED TO, I WANTED TO CHIME IN ON THIS THING. SO HE ALREADY HAS TWO SEPARATE STRUCTURES, SO HAVING IT BE THREE SEPARATE STRUCTURES DOESN'T BOTHER ME AT ALL. UH, I, I, I REALLY DON'T THINK HE NEEDS THAT HALF STORY ONCE. SO I'M GLAD THAT WAS EXCLUDED. 'CAUSE I DIDN'T WANT TO, I DIDN'T, I DIDN'T WANT TO, YOU KNOW, ACT, ACT SEEM LIKE I WAS IN SUPPORT OF SOMETHING THAT DOESN'T NEED TO BE THERE. I MEAN, 'CAUSE YOU CAN HAVE AN IDZ ZONE LOT THAT'S ALSO THEORETICALLY SINGLE FAMILY THAT DOESN'T HAVE THE SUPPLY TO IT. I THINK, YOU KNOW, I JUST DON'T THINK IT'S APPROPRIATE. UH, AND THE, BUT I DO HAVE A HANGUP WITH THE GARAGE SETBACK AND THAT'S MOSTLY BECAUSE SANDERS IS, IS A VERY, VERY NARROW STREET. IT'S NOT A FULL CITY STREET. UM, AND SO I THINK IT'S, IT'S SUPER IMPORTANT TO MAKE SURE THAT CARS AREN'T OVERHANGING INTO IT. UM, AND SO I WOULD LIKE TO SEE IF, UH, WHAT MY COLLEAGUES HERE WOULD, WOULD AGREE TO, WOULD YOU AGREE TO SOMETHING MORE THAN 10 FEET, LIKE MAYBE 15 FEET OR SOMETHING? YEAH, I WOULD BE AGREEABLE TO THAT. I MEAN, IT LOOKS LIKE HE'S GOT SPACE TO MOVE. YEAH, THERE'S NO SIDEWALK THERE. SO I MEAN, REALLY, AS LONG AS HE'S NOT BLOCKING THE STREET. SO I'D LIKE TO REQUEST A FRIENDLY AMENDMENT TO CHANGE, UH, ITEM NUMBER FOUR OF THE VARIANCE TO, TO, TO A, UH, UH, 15 FOOT GARAGE SETBACK, FIVE FOOT VARIANCE FOR A 15 FOOT GARAGE SETBACK. I'D BE HAPPY TO AMEND MY MOTION. COMMISSIONER B UH, BONILLA. YEAH, I'M FINE WITH THAT AS WELL. ALL RIGHT. SO WE HAVE AN AMENDED MOTION. UH, COMMISSIONER UNA, UH, I DIDN'T HAVE, MY ONLY COMMENT WAS ALSO TO CONSIDER AN AMENDMENT TO ALLOW THAT TWO AND A HALF STORY, UH, THREE, TWO AND A HALF STORIES, UH, BASED ON THE, UM, AS BUILT RIGHT, OR AS DESIGNED OR AS THE SITE PLAN WAS, WAS SUBMITTED FOR CONSIDERATION. I THINK IT SHOULD BE A SEPARATE MOTION ONLY. YEAH, BECAUSE I JUST, I CAN'T GET BEHIND THAT ONE. OKAY. IF IT WERE ME, I'D, I'D DO THE FULL THREE STORIES. YEAH. OKAY. I I JUST TO DELETE, I MEAN, I DO IT TO, I I WOULD ONLY DO IT TO MAKE HIS LIFE EASIER, BUT I JUST DON'T THINK HE NEEDS TO DO IT, YOU KNOW, AND I THINK IT'S MORE APPROPRIATE FOR, TO BE, IF THE CITY'S GONNA DENY HIM MY PERMIT BECAUSE THEY'RE, THEY'RE SAYING IT'S NOT MULTIFAMILY. THEY'RE SAYING IT'S NOT MULTIFAMILY, BUT THEY'RE GONNA IMPOSE IT ANYWAY, THEN IT SHOULD BE AN APPEAL AND NOT NECESSARY VARIANCE. I REVOKED MY FRIENDLY AMENDMENT. I I DO HAVE A, I DO HAVE A CLARIFICATION FOR YOU. I, OKAY, I KNEW WE HAD MET ON THIS AND SO I WAS LIKE TRYING TO FRANTICALLY FIND IT. SO WHAT IT IS, IS RM IS CONSIDERED SINGLE FAMILY BECAUSE YOU CAN ONLY DO UP TO FOUR. ANYTHING FIVE AND ABOVE IS CONSIDERED MULTIFAMILY. OKAY? SO THEN WHENEVER YOU READ THE NOTE, IF YOU KEEP READING THE NOTE, IT SAYS THAT, YOU KNOW, UH, SINGLE FAMILY RESIDENTIAL, I'M LOOKING FOR, I'M AT THE NOTE, RIGHT? UH, THE PART WHERE IT, IT SAYS, AND I'M GONNA JUST GO BLAH, BLAH, BLAH, SUCH AS CHURCH, SCHOOL, PARK, OR GOLF COURSE, EXCEPT BLAH, BLAH, BLAH. THOSE DON'T APPLY. BUT THEN THE NEXT PIECE IT SAYS, BUT IF IT'S A BUDDING SINGLE FAMILY AND THE LOTS ARE VACANT, WHICH BOTH LOTS ARE THE ONE TO, UM, THE EAST OF HIM OR WEST OF HIM AND SOUTH OF HIM ARE VACANT, THE HEIGHT RESTRICTION SHALL APPLY. AND THAT IS WHY WE ADDED THE, UH, REQUIREMENT FOR THE, OKAY. THAT SENTENCE SAYS THE MEASUREMENT OF 50 FEET SHALL OCCUR FROM THE PROPERTY LINE OF THE RESIDENTIAL USE TO THE STRUCTURE IN THE ZONING DIS DISTRICT SUBJECT TO THE SUBSECTION. SO IF THE ZONING DISTRICT RM FOUR IS NOT SUBJECT TO THE SUBSECTION, I DON'T EVEN READ THAT SENTENCE. I'M NOT FOLLOWING WHERE YOU WERE READING FROM. 'CAUSE I HAD, SO THIS, SO THAT SENTENCE THAT YOU HAD HAD POINTED OUT FROM NOTE 11 SAYS THE MEASUREMENT OF 50 FEET SHALL OCCUR FROM THE PROPERTY LINE OF THE RESIDENTIAL USE OF THE STRUCTURE IN THE ZONING DISTRICT SUBJECT TO THIS SUBSECTION. SO IF THE ZONING DISTRICT IS NOT SUBJECT TO THE SUBSECTION, I DON'T, THAT NOTE DOESN'T THAT, NONE OF THAT APPLIES TO ME. BUT THIS, THAT IS THE SUBSECTIONS NOTE 11 IS PART OF THAT SUBSECTION. YEAH. NOTE 11 SAYS THE MAXIMUM HEIGHT OF ANY PORTION OF A COMMERCIAL OFFICE OR MULTIFAMILY ZONING DISTRICT. IF RM FOUR IS A SINGLE FAMILY ZONING DISTRICT, I'M NOT A COMMERCIAL OFFICE OR MULTIFAMILY. I DON'T READ NOTE 11. AND NOTE 11 IS NOT, IS NOT AN, UH, UH, SUPER SCRIPTED IN THE TABLE AT ALL. RIGHT? BUT THAT IS, IT ONLY SHOWS ONE IN 13. BUT THAT IS WHY IT GIVES THE EXAMPLE IN THE IB. THAT'S WHY THE INFORMATION BULLETIN WAS IMPORTANT, WAS BECAUSE IT DID SAY THAT IF IT'S RM OR MF, THEN THAT'S, WELL, IT APPLIES. WELL, I'M, I, I DON'T WANT TO GET INTO A, ALL I'M SAYING IS, IS THAT IF THE TABLE DOESN'T REFERENCE NOTE 11 [03:50:01] SOMETIMES, LET'S SAY THAT THAT HAPPENS. IF NOTE 11 DOESN'T INCLUDE IT AT ALL, AND THEN THE CITY PUTS ON AN INFO BOLD INTO SAYING, WELL, WE WANT IT TO BE INCLUDED. IT'S JUST NOT, YOU KNOW, THAT DOESN'T DO IT FOR ME. MR. CHAIR, POINT OF ORDER, PLEASE. CAN WE JUST TAKE, YEAH, LET'S JUST KEEP MOVING ON. IS THERE ANY OTHER DISCUSSION ON THE MOTION THAT'S BEFORE THE BOARD HEARING NOW LET'S HAVE A ROLL CALL VOTE ON, ON THOSE ITEMS THAT ARE BEFORE THAT ARE, THAT HAVE BEEN MOVED. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER BONIA? YES, I CONCUR. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER IBANEZ. I CONCUR. COMMISSIONER DEAN. I CONCUR. COMMISSIONER CRUZ. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ? YES, I CONCUR. COMMISSIONER ZUNA? YES, I CONCUR. COMMISSIONER KAPLAN? I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINES OF FACT. MOTION PASSES. UH, 10 TO ONE. UM, DOES ANYBODY WANNA MAKE A MOTION ON THE, ON THE HALF STORY? YEAH, I THINK IT WAS 11 TO ONE. I THINK. I THINK WE MIGHT NEED TO, IF THE CITY'S NOT GONNA BUDGE IN THE INTEREST OF, OF, UH, HELPING OUT THE APPLICANT, EVEN THOUGH I DON'T THINK IT APPLIES WHATSOEVER. UM, I THINK SOME, I'D BE OPEN TO A MOTION. UNA COMMISSIONER UNA, UH, REGARDING CASE BO A 24 DASH 0 3 0. UH, 2 2 2. I MOVE TO THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A HALF STORY VARIANCE FOR THE MAXIMUM 2.5 STORIES TO ALLOW A TWO STORY STRUCTURE. AND I WOULD ALSO ADD AS THE, UH, UH, IN, UH, REFERENCE THE SITE PLAN, UH, THAT WAS PROVIDED AS PART OF THE APPLICANT'S, UM, THE APPLICATION PROCESS FOR THE VARIANCE. THE FINDINGS OF FACT THAT, UH, WOULD APPLY TO THE PREVIOUS, UH, VARIANCE POINTS OF WOULD APPLY TO THE, UH, NUMBER, THE, THE VARIANCE THAT I'M SEEKING FOR THE HALF STORY VARIANCE. END OF MOTION. SECOND. SECOND BACK. COMMISSIONER STEVENS. ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? HEARING NONE. MOTION PASSES. THANK YOU. YOU'RE WELCOME. ITEM EIGHT, UH, CHAIR. YES. COMMISSIONER CRUZ. UH, I HAVE TO LOG OFF ALREADY. OKAY. WE ARE LOSING A COMMISSION. WE'RE DOWN TO 10 PEOPLE. UH, DIDN'T WE HAVE AN ALTERNATE WAITING TO JOIN? UM, I'M GONNA TRY TO SEE IF I CAN GET 'EM ON. OKAY. I'M GOING TO JUST GIVE 'EM A MINUTE JUST TO MAKE SURE. YES, THE CASE NUMBER EIGHT HAS STAFF APPROVAL. I KNOW WE TYPICALLY GO AHEAD AND MOVE. SORRY, I DIDN'T MEAN TO INTERRUPT. GO AHEAD. GO AHEAD. UH, I, I WAS JUST GONNA NOTE THAT BOARD MEMBER KAPLAN ALSO LEFT. OH. OH, SHE HAD A, A HARD, UH, STOP AT BY. OKAY. SO WE ARE DOWN TO NINE PEOPLE. WHY DON'T WE HEAR, UH, WELL, THE, THE, THE NEXT ITEM THAT THAT STAFF WAS APPROVING WHERE THERE WAS NO COMMENTARY WAS 14. 'CAUSE ITEM EIGHT HAD A, UH, I MAY HAVE HAD FIVE VOICEMAILS AND FIVE IN OPPOSITION. SO WHILE YOU'RE WORKING ON GETTING A, AN ALTERNATE LIST HERE, ITEM NUMBER 14, PLEASE. I ITEM NUMBER 14, BO OA DASH 24 DASH 0 3 0 2 5 2. UH, ADDRESS BEING 4 22 PERIA STREET COUNCIL. DISTRICT ONE APPLICANT IS JONATHAN SMITH AND IS THE REQUEST FOR A 28 FOOT NINE INCH VARIANCE FROM THE MINIMUM 30 FOOT SIDE SETBACK TO ALLOW A PROPOSED ADDITION WITH DIMENSIONS LIMITED TO THE SITE PAN PLAN PROVIDED TO BE ONE FOOT THREE INCHES FROM THE SIDE PROPERTY LINE ZONING IS C3. SUBJECT PROPERTY IS LOCATED WITHIN THE HISTORIC KING WILLIAM DISTRICT, EAST OF PROBAND STREET, WEST OF SOUTH ST. MARY STREET ON PERIA STREET. THE PROPERTY OWNER IS PROPOSING DEVELOPMENT OF A 313 SQUARE FOOT EDITION ON THE EXISTING COMMERCIAL PROPERTY AS THE SUBJECT PROPERTY ABUTS AN IDZ WITH RESIDENCE USE. THE PROPERTY OWNER IS REQUESTING A 29 FOOT NINE INCH SIDE SETBACK VARIANCE TO ALLOW THE PROPOSED ADDITION LIMITED TO THE SITE PLAN PROVIDED TO BE ONE FOOT THREE INCHES FROM THE SIDE PROPERTY LINE. A APPROVED AND APPROVED CERTIFICATE OF APPROPRIATENESS FROM THE OFFICE OF HISTORIC PRESERVATION HAS BEEN OBTAINED AND PERMITS ARE PENDING THE RESULTS OF THE BOARD OF ADJUSTMENT SITE PLAN. THIS SHOWS THE CURRENT LAYOUT AND THEN IT ALSO SHOWS THE PROPOSED ADDITION, WHICH IS A STORAGE ROOM. [03:55:01] THIS IS SOME VIEWS OF THE STORAGE ROOM. UH, THIS IS HISTORIC VIEW OF THE PROPERTY AND SUBJECT PROPERTY. THIS IS SIDE SETBACK MEASUREMENT THAT CURRENTLY EXISTS. VIEW OF THE ABUTTING IDZ RESIDENTIAL PROPERTY. AND THEN THIS IS THE VIEW OF THE LOCATION OF PROPOSED SETBACK AND WHERE THE ADDITION WILL BE PLACED. UH, AND THIS IS THE SUBJECT PROPERTY FENCE LINE AND SURROUNDING AREA SIDE SETBACK VARIANCE. STAFF RECOMMENDS APPROVAL IN BO OA DASH 24 DASH 0 3 0 0 2 5 2 BASED ON THE FOLLOWING FINDINGS OF FACT. ONE, THE REQUESTED VARIANCE WILL NOT INJURE THE NEIGHBORING PROPERTY. AND TWO, THE REQUESTED VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT STAFF MAIL 88 NOTICES. ONE IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM THE KING WILLIAM NEIGHBORHOOD ASSOCIATION OR THE SAN ANTONIO TEXAS DISTRICT ONE RESIDENT ASSOCIATION. THIS IS IN FAVOR, OR THIS IS THE, UM, OHP COMMENTS AND THE NEXT ONE WILL BE IN FAVOR. THIS IS THE NEIGHBORING PROPERTY WHO STATED THAT THEY ARE IN FAVOR AS LONG AS IT'S NOT GONNA IMPEDE PAST THE ONE FOOT THREE INCHES FROM THEIR TO THEIR PROPERTY LINE. AND THIS CONCLUDES STAFF'S PRESENTATION. THE APPLICANT COME FORWARD. YEAH, YOU BRING UP BRINGING A PDF UP. THANK Y'ALL FOR HAVING ME TONIGHT. MY NAME IS JONATHAN SMITH OF SMITH DISH ARCHITECTURE. I'M, UH, REPRESENTING, UH, BEETHOVEN'S. YOU MAY, YOU MAY REC RECOGNIZE THIS PROPERTY. UM, SO BASICALLY BEETHOVEN'S BOUGHT THIS PROPERTY. THIS IS PROBABLY THE, UH, ASIDE FROM CITIES. I WORK WITH THE, UH, LONGEST OWNING PROPERTY, UH, OWNER OF A SITE. THEY BOUGHT THIS PROPERTY IN 1920, UH, BEFORE THE CURRENT 30 FOOT COMMERCIAL SETBACK WAS OBVIOUSLY IN PLACE. THEY BUILT THE HALL IN 1922. UH, THEY'VE HIRED US TO HELP THEM RENOVATE THE HALL, AND PART OF THAT IS MOVING THEIR PIANOS AND GLOCKENSPIELS OUT OF THE HALL INTO IT, AND A STORAGE THAT'S IMMEDIATELY ADJACENT. CAN YOU GO TO THE NEXT? OH, BEAUTIFUL. SO HERE YOU CAN SEE THE, THE SORT OF HISTORY OF THE SITE AND BASICALLY ALL WE'RE LOOKING TO DO THERE YOU CAN SEE THE 30 FOOT SETBACK. AND THE EXISTING HALL IS PREDOMINANTLY ALREADY WITHIN THE 30 FOOT SETBACK. WE'RE JUST LOOKING AT ADDING THAT LITTLE PINK BOX THERE, UM, SO THAT THEY CAN HAVE THE STORAGE. UH, WE FIRST, BEFORE DOING ANYTHING, WENT TO THE IMMEDIATE OWNER, UH, ON THE IDZ PROPERTY. THERE. HE WAS ONE OF THE ONES WHO PROVIDED A LETTER. UH, HE IS AN APPROVAL. THEN WE WENT TO THE KING WILLIAM ASSOCIATION ARCHITECTURE REVIEW BOARD. THEY WERE ALSO IN FAVOR. THEN WE WENT TO HDRC FOR THEIR CONCEPTUAL REVIEW. THEY'RE ALSO IN FAVOR. NOW WE'RE HERE, UH, UPON HOPEFUL APPROVAL HERE, WE WOULD THEN GO BACK TO HDRC FOR FINAL APPROVAL ON THIS. UM, HERE'S THE EXISTING SURVEY, AND AGAIN, YOU CAN SEE THE 30 FOOT SETBACK AND HOW WE'RE REALLY JUST TRYING TO MAKE THE HALL USABLE AND GET THOSE CHAIRS AND THE GLOCK AND SPIEL OUT OF THE WAY. UM, WE'RE ALIGNING WITH THE HISTORIC STRUCTURE AND WE HAVE, UH, HDRC HAS PROVIDED ADDITIONAL GUIDANCE, UH, WITH ROOFING THAT MATCHES THE HISTORIC ROOFING AND THE A STUCCO WILL MATCH THE HISTORIC STUCCO. UH, WITH THAT, I'LL OPEN UP FOR QUESTIONS. ANYBODY HAVE ANY QUESTIONS? ALRIGHT, ANYONE? NO ONE SIGNED UP TO SPEAK. NO VOICEMAILS, NO PUBLIC COMMENT. I'M LOOKING FOR A MOTION. BON BON COMMISSIONER UNI. UM, REGARDING CASE NUMBER BO A 2 4 1 0 3 0 2, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, UM, GRANT REQUEST FOR A 28 FOOT NINE INCH VARIANCE FROM THE MINIMUM 30 FOOT SETBACK TO ALLOW PROPOSED ADDITION WITH DIMENSIONS LIMITED TO THE SITE PLAN PROVIDED TO BE ONE FOOT THREE INCH FROM THE SIDE PROPERTY LINE SITUATED AT 4 22 UH, PER STREET. APPLICANT BEING JONATHAN SMITH. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE, OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY, UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE REQUEST REQUESTED SIDE SETBACK VARIANCE LIMITED TO THE DIMENSIONS OF THE SITE PLAN PROVIDED WILL ALIGN THE 313 SQUARE FOOT EDITION WITH THE EXISTING SIDE SETBACK AND WILL PROVIDE SUFFICIENT DISTANCE BETWEEN THE COMMERCIAL AND THE NEIGHBORING RESIDENTIAL PROPERTY. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS PROPOSED AS THE PROPOSED EDITION WOULD HAVE TO BE RECONFIGURED TO ABIDE BY THE COMMERCIAL SETBACK REGULATIONS THAT THE DISTRICT, UM, THAT, THAT, THAT RE RESTRICT THE DEVELOPMENT OF THE LOT. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND THE SUBSTANTIAL JUSTICE [04:00:01] WILL BE DONE. THE REQUESTED VARIANCE WILL MAINTAIN A SAFE DISTANCE FROM THE NEIGHBORING PROPERTY, ABIDE BY ALL REMAINING SETBACK, RE REQUIREMENTS, AND WILL OBSERVE THE SPIRIT OR OF THE ORDINANCE. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO OTHER USES THEN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THE VARIANCE. FIVE. SUCH VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANT THE REQUESTED ONE FOOT THREE INCH SIDE SETBACK VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES AS SIMILAR BUILDING CON CONFIGURATIONS CAN BE SEEN WITHIN THE SURROUNDING AREA. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SALT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND NOT ARE NOT MERELY FINANCIAL AND ARE DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE SIDE SETBACK VARIANCE IS DUE TO UNIQUE CIRCUMSTANCES THAT WERE NOT CREATED BY THE PROPERTY OWNERS, SUCH AS THE LOCATION OF THE LOT AND SURROUNDING AREA. END OF MOTION. SECOND, UH, SECOND BACK. COMMISSIONER MACK. COMMISSIONER BONIS. YEAH, I'LL BE IN SUPPORT OF THIS. UH, THE BOARD'S IN, IN APPROVAL OF IT AND, UM, YOU KNOW, THIS WAS ALREADY, ALREADY HAD THAT SIDE SETBACK, UM, YOU KNOW, WELL BEFORE IN PLACE. UM, THEY'RE JUST DOING A SMALL ADDITION THERE TO MAKE THE, UH, APPROPRIATE RENOVATIONS THAT THEY NEED TO. COMMISSIONER MANA, I CONCUR WITH MY COLLEAGUE. LET'S DO A VOICE VOTE ON THIS. ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? HEARING NONE. MOTION PASSES. ALRIGHT, SO WE DOWN TO NINE. DID UH, COMMISSIONER RHI? NOT YET YET. UM, ITEM NUMBER EIGHT, UM, DOES HAVE SOME PUBLIC COMMENT IS REQUESTING A CONTINUANCE FOR FEBRUARY 10TH. FEBRUARY 10TH. ALL RIGHT. I MOVE TO CONTINUE ITEM. WE DO HAVE SOME PUBLIC COMMENTS ON THAT, SORRY. OH, THAT'S RIGHT. LET'S HEAR. IS IS SIGN UP TO SPEAK OR VOICEMAILS? BOTH. ALL RIGHT. LET'S START WITH THE VOICEMAILS. NINE, EIGHT. GOOD MORNING. MY NAME IS ANNA UD AUGUST. MY ADDRESS IS 4 0 1 0 SONG HEIGHTS DRIVE, SAN ANTONIO, TEXAS SEVEN EIGHT TWO THREE ZERO. MY PHONE NUMBER IS (210) 326-8925. THE CASE NUMBER IS B OH 8 2 4 1 0 3 0 0 2 4 3. I'M CALLING REGARDING THE NOTICE I RECEIVED ABOUT THE VARIANCES TO THE GREEN BELT ON THE PROPERTY BEHIND MY HOME. I'M NOT IN FAVOR OF THE VARIANCES REQUESTED. I HAD THOROUGHLY ENJOYED THE VIEW PRIOR TO THE VEGETATION BEING CUT DOWN AND PUTTING, AND NOW THEY'RE REQUESTING TO PUT UP A BARBED WIRE FENCE, WHICH WILL ONLY UNFORTUNATELY MAKE THE VIEW UN SLIGHTLY. I APPRECIATE YOUR TAKING THIS INTO CONSIDERATION. THANK YOU AND HAVE A GOOD DAY. BYE. MY NAME IS ANITA CASTILLO. I LIVE AT 4 0 1 4 CREEK DRIVE, SEVEN OH FOREST. MY PHONE NUMBER IS (210) 206-9262. AND THE CASE NUMBER IS 0 2 4 3. I AM CALLING BECAUSE I, UH, DON'T, I AM IN OPPOSITION OF THE FENCE THAT , UH, BUILT, UM, IN THE BACK OF MY YARD. FIRST OF ALL, BECAUSE THEY ARE OUT OF COMPLIANCE ILLEGALLY. THEY DID NOT ASK FOR PERMISSION AND NOW ASKING FOR FORGIVENESS. NUMBER TWO, THEY STARTED THE FENCE BACK, UH, IN MAYBE, MAYBE NINE MONTHS AGO. AND JUST NOW THEY ARE ASKING FOR PERMISSION. UH, AND ANOTHER FACTOR IS THE FACT THAT THEY CAUGHT, THEY CAUGHT A LOT OF OUR NICE BEAUTIFUL OAK TREES THAT WERE THERE. OF COURSE, IT IS THEIR PROPERTY, BUT HOWEVER, I KNOW THAT IN SOME PLACES OR SOME SUBDIVISIONS AND IN SAN ANTONIO COMMERCIAL, UM, PROPERTIES NEED HAVE PERMISSION TO CUT THESE BEAUTIFUL TREES. AND I DON'T KNOW IF THEY REQUIRE THEY ACQUIRED THIS PERMISSION. OKAY. UM, THEY NEEDED, THEY LEFT ALL THE TRASH THERE. UH, AND I SENT THEM A LETTER. THEY SAID THEY WERE GONNA PICK IT UP. THEY NEVER PICKED IT UP BECAUSE IT IS A FIRE HAZARD BECAUSE THEY HAVE TWO CPS TRANSFORMERS THAT, UH, EXPLODE MAYBE FOUR TO FIVE TIMES IN A YEAR, ESPECIALLY DURING THE SUMMER. AND THIS CAN BE A FIRE HAZARD BECAUSE WE CAN SEE THE SPARKS OF FIRE FLYING DOWN TO, I MEAN, COMING DOWN TO THE, TO THE GROUND. SO THIS IS A VERY, VERY HIGH CONCERN. ALSO, THE BARB [04:05:01] WIRE. HELLO, MY NAME IS HERNAN , B-A-U-R-A, POWDER GARCIA, AGAIN, HERNAN CHAVEZ GARCIA. MY ADDRESS IS 4 7 0 3 AVA CODE, ZIP CODE SEVEN EIGHT TWO THREE ZERO SEVEN, ANTONIO, TEXAS. MY PHONE NUMBER TWO TEN EIGHT SIX FIVE NINE ZERO SIX ZERO. THE CASE NUMBER IS P OH 8 24 1 0 3 0 0 2 4 3. I'M IN OPPOSITION TO THE CASE BECAUSE, UH, TYPICALLY I THINK IT'S GONNA, IT'S NOT GONNA BE PLEASANT. THAT MIGHT HAVE AN IMPACT ON THE VALUE OF PROPERTY. SO, UH, I AM, UH, DEFINITELY IN THE POSITION OF, UH, THE REQUEST FOR THIS, UM, UH, BARBED WIRE, UH, INSTALLATION. THANK YOU. THIS IS MICHAEL AND KAREN STRICKLAND AT FOUR ZERO ONE EIGHT SONG HEIGHTS DRIVE. PHONE NUMBER (509) 531-9307. CASE NUMBER LAST THREE DIGITS IS 2 4 3. HAVING RECEIVED NOTICE ABOUT THE VARIANCES TO THEIR FENCING ON THE PROPERTY BEHIND OUR HOME, WE ARE NOT IN FAVOR OF THOSE VARIANCES. WE PURCHASED OUR HOME THREE YEARS AGO WITH THE UNDERSTANDING THAT THERE WOULD BE NO FURTHER DEVELOPMENT BEHIND OUR HOME. THE VEGETATION AND VIEW BEHIND OUR HOME IS SPECTACULAR. WITHIN, IN FULL VIEW, THE REQUESTED VARIANCES NOT ONLY PUT THE FENCE LINE CLOSER TO OUR PROPERTY, BUT ALSO THE REQUEST IS TO PUT A BARBED WIRE FENCE TWO FEET HIGHER THAN THE CURRENT HEIGHT OF OUR BACK FINISHED WALL. THESE VARIANCES WILL MAKE IT SO OUR VIEW IN THE BACKYARD WILL BE BARBED WIRE FENCED, WHICH WOULD BE UNSIGHTLY AND UNACCEPTABLE TO US. HI, THIS IS RANDOLPH BLAKE ZUBER. UH, I'M A HOMEOWNER AT, UH, 39 26 HEIGHTS WAY, SAN ANTONIO, TEXAS. I'M CALLING ABOUT CASE NUMBER BOA 24 1 0 3 0 0 2 4 3. UH, I WAS GOING TO LEAVE A MESSAGE TO REGISTER MY OPPOSITION TO THE PLAN, UH, BY, UH, THE, UH, QUARRY TO HAVE A SEVEN FOOT FENCE BEHIND OUR HOME. UH, WE HAVE A, UH, UH, A SIX FOOT PRIVACY FENCE ALREADY. I DON'T UNDERSTAND WHY THERE'S A NEED TO HAVE A SEVEN FOOT, UH, BARBED WIRE FENCE PUT UP BEHIND OUR PROPERTY. THERE'S ALREADY A SMALL BARBED WIRE FENCE, BUT THIS WILL BE, UH, UNSIGHTLY, UH, IN OUR BACKYARD. AND I, I DON'T REALLY UNDERSTAND THE REASONING BEHIND THE, THE NEED TO PUT UP A HIGHER FENCE. UH, SO I WANTED TO LET THE, THE BOARD OF ADJUSTMENT KNOW THAT, UH, UH, ON BEHALF OF OF MY FAMILY, THAT WE ARE OPPOSED TO THE REQUEST FOR ADJUSTMENT. AND, UH, WE WOULD ASK THAT YOU DENY THE REQUEST FOR RELIEF. THANK YOU. ALL RIGHT. UH, FIRST SPEAKER IS MR. JOE SANCHEZ. ALL RIGHT. STATE YOUR NAME AND TELL US YOUR THOUGHTS. GOOD AFTERNOON, MS. CHAIRMAN. BOARD MEMBERS. I'M JOE SANCHEZ. I LIVE AT IN THE SHANO FOREST SUBDIVISION. I DO HAVE SOME SLIDES. I'M CURIOUS TO SEE IF THEY'RE GONNA COME UP. YOU WANT THE PICTURES OR THE PRESENTATION? UH, PRESENTATION THEN I HAVE ONE. OKAY. PICTURES AND MORE PICTURES. SO, CHAU FOREST HAS APPROXIMATELY 85 RESIDENTS. WE HAVE 85 RESIDENTS WITH 50 OF THESE ARE IMPACTED BY THIS NEXT THANK YOU. THEY'RE IMPACTED BY THIS PARTICULAR CASE. IN DECEMBER OF 2023, THEY BEGAN CUTTING DOWN ABOUT A 50 FOOT SWATH OF TREES. AS FAR AS WE KNOW, WITHOUT THE PERMIT, MANY OAK TREES, MATURE OAK TREES. AND I HAVE PICTURES AND VIDEOS OF THE DEMOLITION. UM, THEY HAVE BEEN LEFT ON THE PROPERTY. IT IS A FIRE HAZARD, OR AS IT IS, ELISA MENTIONED EARLIER, THEY LEFT THE BRUSH. TRANSFORMERS ARE ON ABOVE THESE HUGE TRANSFORMERS THAT DO BLOW OCCASIONALLY AND PROVIDE SPARKS. WE'RE CONCERNED ABOUT A FIRE HAZARD THERE. UH, I VERIFIED IT WAS ABOUT APRIL OF 2024 THAT THEY CONSTRUCTED A SEVEN FOOT HIGH FENCE, UH, WITH THREE STRANDS AND A BARBED WIRE. AND AS FAR AS WE KNOW, ALL WITHOUT PROP PROPER PERMITTING, UM, I, THEIR PERSON SAID, UH, TOLD ONE OF OUR FOLKS THAT THE US MINES TOLD 'EM TO DO THIS. SO I DID MY RESEARCH AND US MINE SAFETY DOES NOT HAVE ANY, ANY MANDATED, BUT THEY DO SAY THAT THERE'S A SAFETY ISSUE. IF THERE'S NOT IMMEDIATELY OBVIOUS, [04:10:01] WHICH THERE IS A QUARRY BEHIND IT, WE KNOW IT. UH, OR THERE'S MARKED SIGNS, WHICH THEY DO HAVE AN AREAS THAT DON'T HAVE HOMES. THERE'S A CREEK BED THAT GOES IN BETWEEN US. THERE ARE LARGE SIGNS THAT SAY QUARRY DANGER, STAY AWAY. UH, THE STATE, UH, DOESN'T HAVE ANY AS WELL. THEY SIMPLY STATE AGAIN, THAT SAFETY. WE UNDERSTAND WE WANNA BE SURE THAT PEOPLE ARE SAFE. OUR RESIDENTS ARE NOT GONNA CLIMB THEIR OWN FENCES AND GO INTO THE QUARRY. THEY HAVE NO NEED TO DO THAT. AND IT DOES SAY CONSULT LOCAL BUSINESSES. AGAIN, NO SPECIFIC, BUT, UH, COMMERCIAL OFFENSE IS EXCEEDING EIGHT, EIGHT FEET IN THIS CASE, UH, NEED TO BE STRUCTURALLY ENGINEERED. UH, AND WE, THE NEXT SLIDE I HAVE DOES REFERENCE INFORMATION BULLETIN 2, 2 3, WHICH SPEAKS OF HEIGHT AND THE KEY POINT, UH, THE DEPARTMENT DID SEND OUT NOTICES TO EVERYBODY INVOLVED, BUT IT SAYS THAT THESE CANNOT BE INSTALLED, HAVE WITH, HAVE NO OPPOSITION TO THE PROPOSED FENCE. AND YOU HAD SIX CALLS. YOU HAVE TWO OTHER PARTNERS THAT ARE GONNA SPEAK. AND I THINK THERE'S ANOTHER HOMEOWNER'S ASSOCIATION. BY THE WAY, THERE'S THREE SUBDIVISIONS THAT SURROUND THIS QUARRY. ALL THREE HAVE RESPONDED TO DENY. UM, AND WE OPPOSE THE REQUEST FOR THESE VARIANCE. AND WE REQUEST THE REQUEST, THE REMOVAL OF THE FENCE. UH, THEY DID NOT FOLLOW THE PROCESS. AND IF YOU COULD SLOW THE SLIDE, UH, PICTURES, I'D BE VERY PLEASED. SO THESE ARE SOME PICTURES. I WISH THEY WERE BETTER. BUT YOU CAN SEE, UH, THE FENCE THAT THE ONE OF THE HOMEOWNERS, IF YOU CAN KIND OF SLIDE UP A LITTLE BIT. THEY, THIS IS THE VIEW THAT WAS SPOKEN, UH, BY ONE OF OUR RESIDENTS. UH, YOU CAN SEE, UH, THIS IS THE BO SORRY, THE BOTTOM ONE ON THE LEFT IS WHAT A PERSON HAD TO CONSTRUCT. HEY, SIR, YOUR TWO MINUTES ARE UP. IF YOU CAN PLEASE FINISH YOUR THOUGHT. BE BECAUSE OF WHAT THEY, THEY DID BY DESTROYING THOSE TREES ILLEGALLY AND THEY HAD TO PUT UP A FENCE. THE FAR RIGHT IS THE TRANSFORMER THAT IS WITHIN 20 FEET OF OUR RESIDENCE. OKAY. THANK YOU. AND, AND SO YOU'RE, YOU'RE UH, ON STAFF. CAN YOU BRING UP A MAP OF THE AREA? CAN YOU TELL ME LIKE, POINT OUT WHICH HOAS? YES, SIR. OF COURSE. IS ONE YOU REPRESENT? YES, SIR. WE'RE WITH SAEL FOREST AND WE ARE ON THE, UM, I GUESS FROM HERE, THE EAST CORNER, THERE'S KINDA LITTLE, THAT LITTLE INSET THAT, OH, THIS LIGHT. DO I HAVE A SLIGHT OF, I'M SORRY. THERE'S A LASER POINTER. UM, IT'S DOESN'T SOMEBODY LASER? UM, THIS IS OUR RIGHT HERE. ALRIGHT. AND THIS ONE, THIS ONE CALLED IN. AND THIS ONE CALLED IN AS WELL. AGAIN, THE FENCE IS ALREADY THERE. ALRIGHT, I, I THANK YOU VERY MUCH. YES, SIR, OF COURSE. IS THERE ANY QUESTIONS FOR THE SPEAKER BEFORE WE HEAR THE NEXT ONE? OKAY, YES, SIR. ROBERT SHEER, UM, ROBERT SHARE. I LIVE AT, UH, 1 2 9 2 2 LEGEND CAVE DRIVE IN THE SHO UH, CHAUVIN FOREST, UH, SUBDIVISION. UH, MR. CHAIR, IF IT'S POSSIBLE, I'D LIKE TO YIELD, UH, MY TIME TO MY COLLEAGUE AND, AND, UH, FELLOW BOARD MEMBER, MR. JOE SANCHEZ TO COMPLETE THIS. THAT IS NOT A PROBLEM. IF I COULD GO BACK TO THE PICTURES. MAYBE WE CAN GO THROUGH THIS A LITTLE BIT BETTER. AGAIN, THEY CONSTRUCTED THIS, UH, WE HAD A LOT OF OPPOSITION AT THE TIME. THEY BASICALLY SAID, WE CAN DO THIS BECAUSE THE US MINE SAID WE NEEDED TO. UH, YOU CAN SEE THE SWATH. UH, THAT WAS DONE. IF YOU CAN GO UP A LITTLE BIT WITH A LITTLE BIT OF MY TIME. ANOTHER NEIGHBOR THAT SEIZED THE BARRED WIRE ON THE LEFT. AGAIN, THAT'S THE SWATH ON THE RIGHT, THAT THEY DESTROYED ALL THE BRUSHING TREES AND LEFT ALL OF THOSE TREES. FALLEN. SOME OF MY OTHER PICTURES, IF YOU COULD SLIDE DOWN, PLEASE. UH, COUPLE OF, COUPLE MORE PLEASE. UM, THOSE ARE SNAPSHOTS OF THE DESTRUCTION OF A MATURE OAK TREE THAT IS PROBABLY 50 FEET TALL. UH, AND AGAIN, ANOTHER PICTURE. UM, IF I COULD SHOW THESE, AND IF YOU COULD JUST SLIDE. SO THAT'S, UH, ONE OF THE HOMES. YOU CAN SEE THE, THE ON THE LEFT WERE THE TREES THAT THEY WERE, THEY STRUCK. UM, ANOTHER PICTURE, IT'S HARD FOR ME TO SEE OF THE TREES BEING LEFT, UH, WHICH ARE A SAFETY HAZARD. UM, MORE PICTURES. SORRY ABOUT THE LIGHTING WITH THE BARBED WIRE ABOVE. ANOTHER PICTURE THERE OF THE BARBED WIRE SLIDE, PLEASE. THIS IS THE EXISTING FENCE IN THE BARBED WIRE, AND WE ALREADY HAVE GROWTH ON IT. IT DIED OVER THE, OVER THE, THE WINTER, I SUPPOSE. BUT YOU CAN SEE THE, HOW, HOW BAD THAT LOOKS. NEXT, ANOTHER VIEW, THIS IS FROM THE STREET. SO I TOOK THIS FROM A CUL-DE-SAC ON THE STREET. UH, I, I STOOD ON THE, ON THE STREET, TOOK A PICTURE, AND THIS IS WHAT PEOPLE SEE AS THEY DRIVE BY. OR ONE OF OUR STREETS. NEXT PLEASE, A LITTLE, ANOTHER HOME FAR MIDDLE. YOU CAN SEE THE BARBED WIRE [04:15:01] ABOVE THE SIX FOOT FENCE. NEXT. NEXT. THOSE ARE, AGAIN, OLD FENCE, NEW FENCE, OTHER SIDE. I'M JUST TAKING MULTIPLE PICTURES. NEXT, PLEASE. UM, SO IF THIS PLAYS, I HOPE IT DOES. THIS IS THE VIDEO. YOU CAN SLIDE UP AHEAD A LITTLE BIT IF YOU WANT. UH, I THINK THERE'S A WAY TO DO IT ON THE BOTTOM. UM, ANYWAY, IT, IT DOES SHOW THAT THIS, THERE YOU GO. THANK YOU. THIS IS WHAT IT'S DOING TO PROBABLY A 40 TO 50 FOOT MATURE OAK TREE. AND I, I WISH THE AUDIO, IT LOOKS LIKE IT'S MUTED, BUT, UM, AND IT'S, IT'S A, I'VE NEVER SEEN THIS BEFORE. PRETTY REMARKABLE MACHINE. UM, IT JUST STARTED CRUNCHING INTO THIS TREE AND, UM, FORCED IT DOWN. SO THIS WAS DECEMBER, AS YOU CAN SEE, 13, 20, 23. SO WE HAVE, AS FAR AS WE KNOW, I'VE NOT SEEN ANY PERMITS. MAYBE THERE WERE, UH, FOR THESE TREES. THERE WERE COUNTLESS OTHER TREES THAT WE UNDERSTAND. YOU SAW THAT ONE VIEW WITH THE POOL. OTHER TREES WERE BACK THERE. UM, NO COORDINATION WITH ANYBODY AS FAR AS WE KNOW. THEY JUST DID IT BECAUSE THEY FELT THEY COULD. HE COMES BACK AROUND. IT TAKES A DIFFERENT ANGLE, I GUESS. SO IT'LL DROP PROPERLY. WE BELIEVE IN OUR NEIGHBORS. UM, WE FELT ALL THEY NEEDED TO DO WAS COORDINATE WITH US AS AN HOA, THE OTHER HOAS AROUND, UH, WORK THROUGH THE CITY PROCESS TO MAKE SURE THIS WAS DONE PROPERLY. OBVIOUSLY, THAT DID NOT HAPPEN. THAT'S WHY WE'RE HERE TODAY. UH, AS WAS MENTIONED IN ONE OF THE PHONE CALLS, I HAD IT IN MY ORIGINAL NOTES. IT'S EASIER TO ASK FOR FORGIVENESS THAN TO SEEK PERMISSION, AND THAT'S PRECISELY WHAT HAPPENED HERE OVER THE LAST YEAR AND A HALF. ALL RIGHT. THANK YOU. THANK YOU VERY MUCH. UH, DEBORAH ROBERTS. GOOD AFTERNOON, COMMISSIONERS AND CHAIRMAN. I'LL BE QUICK. I KNOW HE'S COVERED A LOT OF INFORMATION WHEN I MOVED INTO THE SUBDIVISION. I HATE TO, I HATE TO INTERRUPT. CAN YOU STATE YOUR NAME IN THE, SORRY, SORRY. DEBBIE ROBERTS. THANK YOU. WHEN I MOVED INTO THE SUBDIVISION IN 2009, THE, UH, ATTACHMENT THAT WENT ALONG WITH MY HOME INDICATED THAT THE QUARRY WOULD BE IN PRODUCTION FOR ANOTHER 10 YEARS. SO WE'RE NOW SIX YEARS PAST THAT TIME WHEN I MOVED IN, THERE WAS A BEAUTIFUL GREEN BELT BEHIND THE HOUSE. UM, THAT HAS NOW CHANGED ASSESSMENT WISE, PROPERTY VALUE. WE'RE IN A TIME WHERE THE PROPERTY VALUE, EVERYBODY'S CONCERNED WITH THEIR PROPERTY VALUES. IN 2023, MY, UH, TO 20, EXCUSE ME. FROM 2023 TO 2024, MY APPRAISED VALUE DROPPED, UH, 27,000 AND MY ASSESSED VALUE WENT UP. HOW DOES THAT HAPPEN? MY APPRAISED VALUE WENT DOWN, MY ASSESSED VALUE WENT UP. AND I CAN'T HELP BUT THINK THAT THIS CORRECTIONAL LOOKING FENCE IS ONLY GOING TO MAKE THE, THE APPRAISED VALUE WORSE. AND YOU KNOW, AS WE'VE TALKED ABOUT, THERE'S PHOTO THAT'S OF IN MY BACKYARD. YOU CAN SEE THAT THAT FENCE THAT THEY'RE ASKING FOR THE VARIANCE, IF YOU CAN MOVE THE PHONE DOWN A LITTLE BIT SO YOU CAN SEE THE DATE ON TOP. THAT PICTURE IS APRIL 1ST, 2024. YOU CAN SEE WE'RE SEVERAL MONTHS PAST THEM REQUESTING THE VARIANCE. THAT FENCE IS ALREADY UP. UH, IT'S BEEN A PROBLEM. UM, IT, IT, I HAVEN'T HEARD A SAFETY REASON THAT THEY HAD TO PUT IT UP. I HAVEN'T HEARD OF ANY HOMEOWNERS OR ANY RESIDENTS OF ANY OF THE SHAVANO PROPERTIES OR SUBDIVISIONS TRYING TO CRAWL OVER THE FENCE INTO THE SUB, INTO THE QUARRY. YOU CAN SEE THAT'S AN ANTI-CLIMB FENCE. SO IT'S FACING TOWARDS US. UH, WE HAVE NO DESIRE TO, TO CRAWL INTO THE QUARRY, BUT YOU CAN IMAGINE FROM YOUR BACKYARD WHAT THAT LOOKS LIKE. AND I HAVE AN APPRAISED VALUE THAT'S DIMINISHING. UM, DOES ANYBODY HAVE ANY QUESTIONS? I, DOES ANYBODY HAVE ANY QUESTIONS FOR THE SPEAKER? YOU'RE NOT, CAN I GIVE MY TIME BACK TO MR. SANCHEZ? UH, WELL YOUR TIME'S ACTUALLY JUST . DID I JUST FINISH? OKAY. IT'S ALSO KAREN STRICKLAND. IS THAT IT? HELLO? IF YOU COULD PLEASE STATE YOUR NAME AND TELL US YOUR THOUGHTS. KAREN STRICKLAND. UM, I'M SAD THAT WE'RE NOT GONNA HEAR WHAT YOU'RE GONNA DECIDE HERE TODAY. WE'VE SAT HERE SINCE ONE O'CLOCK AND NOW WE'RE GONNA DELAY WHAT YOUR DECISION IS, WHICH IS KIND OF SAD. , WE'VE SPENT A LOT OF TIME WAITING TO HEAR FROM YOU, BUT WE MOVED HERE A LITTLE OVER THREE YEARS AGO AND WE HAVE A BEAUTIFUL, UM, DECK ON OUR BACKYARD. AND WE WOULD WALK OUT THERE AND IT WAS GORGEOUS. IT WAS SO BEAUTIFUL. AND SUDDENLY A YEAR AGO, THEY JUST [04:20:01] CAME OUT AND WIPED OUT A WHOLE SWATH, I DON'T KNOW HOW MANY FEET, MICHAEL, 30 FEET THAT IS GONE. AND ALL THAT WOOD THAT THEY LEFT BEHIND IS JUST SITTING THERE AS AN EYESORE. AND THEY HAVE NOT YET PUT THE FENCE UP BEHIND OUR PLACE. BUT THE THOUGHT OF HAVING, WE HAVE A BEAUTIFUL STUCCO FENCE IN OUR BACKYARD, AND THE THOUGHT OF HAVING THAT BARBED WIRE THAT I'M SEEING ON THESE PHOTOGRAPHS IN MY BACKYARD, NONE OF YOU WOULD WANT THAT. NONE OF YOU WOULD WANT THAT. AND IT'S JUST UNSIGHTLY WHAT THEY'RE PLANNING ON DOING. AND THEN THEY'RE WANTING TO PUT IT TWO FEET FROM OUR FENCES. WHAT IS THE PURPOSE OF THAT? I JUST, UM, I JUST HOPE THAT YOU WILL REALLY THINK ABOUT THE, THE COST THAT IT IS, AS SHE SAID, TO FUTURE, UM, VALUE FOR OUR HOME. BUT NOT ONLY THAT, FOR THE BEAUTY OF WHAT WAS THERE THAT IS NOW GONE, BUT IT COULD REGROW. WE COULD PLANT NEW STUFF BACK THERE, BUT IT WILL NEVER BE THE SAME AS WHAT IT WAS. AND THEY DIDN'T RECEIVE PERMISSION OR EVEN ASK FOR OUR THOUGHTS ON IT UNTIL NOW, AFTER IT'S TOO LATE TO DO ANYTHING ABOUT IT. AND I DON'T THINK THAT THAT'S SOMETHING THAT SHOULD BE SANCTIONED. THOSE KIND OF ACTIONS, UM, SHOULD BE APPROVED, UM, WITHOUT REALLY GOING THROUGH THE PROCESS TO, UM, GET THE THOUGHTS OF THE HOMEOWNERS THAT LIVE THERE. THANK YOU. THANK YOU. AND MICHAEL STRICKLAND? YEAH. THE NAME IS MICHAEL STRICKLAND. AND I DID PUT IN A VOICEMAIL THAT YOU'VE LISTENED TO EARLIER, BUT, UH, WE DID MOVE INTO OUR HOME ABOUT THREE YEARS AGO FROM OUT OF STATE. AND ONE OF THE SELLING POINTS FOR US WHEN WE BOUGHT THE PROPERTY WAS THE BEAU BEAUTIFUL VIEW THAT WE COULD SEE IN OUR BACKYARD AND HAS ALREADY BEEN EXPLAINED. UH, WE'RE IN, IN, IN OPPOSITION TO THIS, THESE VARIANCES. ONE THAT'S PUTTING THAT EIGHT NEW FENCE LINE, IT SOUNDS LIKE TWO FEET CLOSER TO OUR PROPERTY, AND ALSO ADDING AN ADDITIONAL FOOT TO A NEW FENCE, WHICH MAKES THE VIEW EVEN LESS ATTRACTIVE. AND SO WE'RE JUST IN OPPOSITION TO THAT THING. WE BELIEVE THAT IT'S ALSO GONNA BE AN IMPACT TO OUR PROPERTY VALUES AS ALREADY BEEN EXPLAINED. OKAY. MR. STRICKLAND, I HAVE A QUESTION FOR YOU OVER HERE, SIR. OH, OKAY. UM, DO YOU FEEL THAT THIS FENCE IS DANGEROUS TO YOUR NEIGHBORHOOD? DANGEROUS. DANGEROUS BECAUSE IT'S A BARBED WIRE FENCE THAT OVERLAPS YOUR FENCE. I WOULD IMAGINE THERE IS A POSSIBILITY YES. THAT THAT COULD BE AN ISSUE. THE THE THING THOUGH, THAT REALLY BOTHERS ME THE MOST, IF I ENVISION WHAT THEY WANNA ADD MORE FOOTAGE TO A FENCE LINE, THIS IS MORE LIKE A PRISON, KINDA LIKE A PRISON WIRE THAT'S GONNA GO BACK THERE. AND SO, UNLESS THEY HAVE SOME OTHER DESIGN IN MIND, I JUST THINK IT'S NOT ONLY POTENTIALLY DANGEROUS, BUT IT'S ALSO UNSIGHTLY THAT ANSWER YOUR QUESTION? YES. OKAY. ALL RIGHT. THANK, THANK YOU. THAT'S ALL. WELL, ON A SECOND, UM, I HAVE THE BILL KAUFMAN, MS. WOLF AND MR. RIVERA, YOU GUYS THE APPLICANT'S, RIGHT? I JUST A QUICK LOOK. WELL, I I, I, I DID WANT TO ASK STAFF, YOU CAN COME UP, BUT I JUST WANTED TO ASK STAFF. SO THE PROPERTY CURRENTLY IS ON R SIX, BUT IT'S A, IT'S A QUARRY. DO THEY HAVE THE RIGHT TO REMOVE TREES BECAUSE OF THE, IT'S BECAUSE IT'S A QUARRY. IS THERE SOME SORT OF SOMETHING THAT ALLOWS THEM TO DO THAT? I, I WOULD'VE TO CHECK WITH TREES. UM, AND, AND SECONDLY, UM, BECAUSE IT'S A SETBACK ISSUE, I WAS LOOKING ISSUE, I WAS LOOKING IN THE CODE. THEY CAN DO BARBED WIRE IF IT'S 20 FEET AWAY. YEAH. IS THAT, IS THAT BECAUSE YOU LOOK AT IT AS AN INDUSTRIAL USE OR SOMETHING? SO THEY WOULD NEED THE A A VR, THE ADMINISTRATIVE VARIANCE REGARDLESS. UM, HOWEVER THEY HAVE TO MEET THIS, THE BARBED WIRE HAS TO BE WITHIN THE BUILDING SETBACKS. THAT'S WHY THEY'RE ASKING FOR THE SETBACKS ON HERE. SO THEY WOULD HAVE 20 FEET IN THE REAR. AND, UM, SO IF THEY MET THE SETBACKS, THEY'D STILL HAVE TO GET AN A VER ADMINISTRATIVELY? CORRECT? JUST NOTHING WITH THE BOARD OF ADJUSTMENT. HOW DOES THAT AFFECT THEM? ABUTTING THE RAILROAD? I UNDERSTAND ABOUT THE NEIGHBORS, BUT BECAUSE OF THE RAILROAD THAT RUNS, UH, DOWN THE SIDE, UM, THEY WOULD BE ABLE TO GET HALF THE DISTANCE OF THAT RAILROAD UP TO 15 FEET TO DECREASE THE SETBACK. OKAY. JUST LIKE A NORMAL ALLEY WOULD MANNA. OKAY. YES. UH, COMMISSIONER MANNA. SO, SO IT DOES SEEM, UM, YOU KNOW, WITH THE R SIX, IT'S, [04:25:01] IT SOUNDS LIKE WE'RE MIXING SOME OF THE USES HERE WITH REGARDS TO WHAT IS BEING PERMITTED, WHAT'S REQUIRED. AND SO, SO, YOU KNOW, WHEN IT IS A COMMERCIAL PROPERTY ABUTTING A RESIDENTIAL PROPERTY, UM, THERE ARE BUFFER AREAS, MANDATORY BUFFER AREAS THAT ARE, THAT ARE REQUIRED. AND SO, SO, UM, IS SOME OF THAT BEING FOREGONE BECAUSE IT'S CURRENTLY ZONED R SIX? CORRECT. THEY WOULD NOT, THE BUFFERS DID NOT APPLY SINCE IT'S ZONED R SIX, BUT BE, BUT WE ARE, BUT OTHER COMPONENTS THAT YOU'RE TALKING ABOUT, UH, WITH REGARDS TO SECURITY AND, AND THE LIKES, YOU KNOW, IT SEEMS LIKE WE'RE MIXING A LOT OF, A LOT OF THINGS, UM, YOU KNOW, AND, YOU KNOW, UM, YOU KNOW, A LOT OF THINGS ABOUT SAFETY FOR SURE. BUT, BUT WE'RE MIXING, UH, ZONING THINGS, UH, BETWEEN INDUSTRIAL AND RESIDENTIAL, AND IT JUST SEEMS, SEEMS AWRY THERE A LITTLE BIT. SO, I DON'T KNOW. IT JUST SEEMS ODD. IS, LET'S, LET'S SEE. JUST REALLY QUICK. I KNOW YOU'RE ASKING FOR A CONTINUOUS, I'M NOT GONNA ANSWER FOR STAFF, BUT YOU'VE HEARD ONE HALF THE STORY. OKAY. RIGHT. I'M GONNA RESERVE MY, MY POWERPOINT TILL FEBRUARY WHEN WE COME BACK. YEAH. BUT I, I DO WANNA SAY A COUPLE THINGS. YES. ONE ON TREES. UH, THIS PROPERTY HAS HAD NON-CONFORMING RIGHTS. YEAH. CAN THE, MY NAME'S BILL KAUFMAN. UH, THIS PROPERTY HAS HAD NON-CONFORMING RIGHTS SINCE 1984. IT WAS ANNEXED BY THE CITY IN 85. IT PREDATES ALL THE TREE ORDINANCE. I'M NOT SAYING THIS IS GOOD, BUT LITERALLY THE TREE ORDINANCE DOES NOT APPLY TO THIS PROPERTY. SECONDLY, UH, THERE'S NO WIRE. IT'S, IT'S SET BACK TWO FEET, IT LOOKS LIKE IN THOSE PICTURES THAT IT'S OVERHANGING, BUT IT'S NOT. IT IS A SAFETY ISSUE. MY LEAD OFF THAT YOU'LL HEAR A COUPLE WEEKS, IT'S ALL ABOUT SAFETY AND THE PROBLEMS THEY'RE HAVING WITH TRESPASSERS AND VANDALISM. IT'S TERRIBLE. AND WE HAVE LOTS OF PICTURES TO SHOW YOU PEOPLE BACK THERE AND, AND THE LIKE, SO JUST TO CLARIFY, IT'S, IT'S NOT EIGHT FOOT FENCE. IT'S A SIX FOOT CHAIN LENGTH FENCE WITH A FOOT OF BARB WIRE. THERE ALREADY EXISTS A BARB WIRE FENCE THAT'S BEEN THERE 50 YEARS. OKAY? IT'S NOT AS TALL, BUT THERE'S, IF YOU'D RESERVE JUDGMENT, PLEASE, UNTIL YOU HEAR OUR CASE IN A COUPLE WEEKS. BUT I DIDN'T WANT THESE PEOPLE TO GO HOME THINKING IT'S A FOOT FENCE. IT'S NOT, UH, IT'S SIX FOOT CHAIN LENGTH, ONE FOOT BARB WIRE. WE NEED YOUR PERMISSION TO DO THAT. THAT'S WHY WE'RE HERE. UH, THE FENCE WAS NOT COMPLETED BECAUSE THERE WAS, THE CONTRACTOR APPARENTLY DIDN'T GET THE RIGHT PERMITS AND WAS STOPPED. SO EVERYTHING STOPPED. THE TREE DEBRIS THAT'S THERE WAS BECAUSE THE CITY INSPECTOR SAID, DON'T TOUCH A THING. GET OUTTA HERE. AND THEY, THEY WANNA REMOVE IT, BUT THEY'RE NOT ALLOWED TO DO IT. SO THERE'S SOME THINGS WE WANNA TELL YOU, BUT IT'S NOT QUITE THE PICTURE THAT'S BEEN PAINTED. SO, ONE, ONE THING I WANT TO, I, I WANT TO ADD IT IS, IS I HAPPEN TO BE PRESIDENT OF MY A HOA AND WE HAPPEN TO HAVE A QUARRY NEXT TO OURS. AND SO, ONE THING I WANTED TO POINT OUT TO THE PEOPLE WHO SHOWED UP, UH, THE CITIZENS THAT, YOU KNOW, WE, WE HAD, UM, SOME ISSUES WITH THE QUARRY. YOU KNOW, THERE'S CERTAIN THINGS THAT THEY DO THAT WE CERTAINLY DON'T LIKE. UH, BUT ONE THING THAT WE DID, THEY DID EXPERIENCE. WE HAD A PERSON FROM A NEIGHBORHOOD WHO WAS TRESPASSING AND THEY NEEDED TO BE EXTRACTED. THEY GOT TRAPPED IN THERE. AND, UM, YOU KNOW, THROUGH IT, IT, YOU KNOW WHAT I MEAN? LIKE, THEY WERE SUNK IN AND THEY WERE TRAPPED, TRAPPED. THEY HAD TO GET A CRANE AND GET THE GUY ON ME WHO WAS DANGEROUS. AND SO, I, I REALLY HOPE THAT YOU GET TO MEET WITH THE HOA AND EXPLAIN YOUR NEEDS AND, AND LISTEN TO THEIR, WHAT, WHAT THEY, THEIR NEEDS ARE. ABSOLUTELY. BECAUSE ONE, ONE THING I'LL, I'LL, I'LL BRING UP IS IF YOU, IF THEY WERE, IF THIS, IF THIS APPLICANT WERE TO PUT A FENCE 20 FEET PAST, HE'S CREATING A PATHWAY FROM PEOPLE ALL THE WAY AROUND TO GET THROUGH AND MAYBE THROUGH EXPLANATION, UH, Y'ALL, DURING, BEFORE THIS COMES BEFORE US, WE WOULD LOVE THIS BOARD LOVES TO HEAR HOAS AND CITIZENS WHO, WHO COMPROMISE AND, AND, AND FIGURE SOMETHING OUT. ALWAYS MAKES LIFE EASIER. MAY I ASK A QUICK, WE REACHED OUT TO THE FOR CHAU FOREST, WHO, WHO HERE IS IN CHAU FOREST? OKAY. AND WE REACHED OUT TO YOUR MANAGEMENT COMPANY AND WE HAD DIALOGUE OF MR. MILLER, MRS. MR. MRS. MIL. SOME MILLER DID RESPOND. WE ASKED FOR A MEETING OR ANY QUESTIONS, AND NO ONE EVER FOLLOWED UP. WELL, MY POINT BEING THAT'S NOT GOOD ENOUGH. SHE'S NO LONGER THE PRESIDENT, SIR. WELL, AT POINTS WE DID SEEK TO REACH OUT BEFORE THIS CASE. IF WE DID MEET, WE DID MEET STEVENS. WE YEAH. WE'RE WE YES, COMMISSIONER? NO, WE HAVEN'T IS WHY SHOULD WE NOT HEAR THIS CASE TODAY? WELL, I, IF YOU, YOU WANT TO BECAUSE YOU'RE, IS THERE A GOOD REASON, NOT A SHORT OF MEMBERSHIP AND WE'VE GOT ABOUT AN HOUR PRESENTATION. I, I WOULD DUE RESPECT, WE DON'T HAVE A FULLY IMP PANELED BOARD TODAY. AND, AND WE'VE ALWAYS EXTENDED THAT COURTESY WHEN WE HAVE NINE MEMBERS IN, THERE'S OPPOSITION, ESPECIALLY WHEN THERE HASN'T BEEN MEETING WITH HOA, UH, WE DO THAT FOR EVERYBODY. SO [04:30:01] I WILL GET THE NAME OF WHO WE REACHED OUT TO, BUT WE HAVE NOT HAD A MEETING WITH THE NEIGHBORHOOD ASSOCIATION. OKAY. UH, WE HAVE ANOTHER PERSON HERE. DO WE HAVE 10? UM, COMMISSIONER VASQUEZ JOINED HALFWAY THROUGH. OKAY. SO I DON'T KNOW IF YOU HEARD ENOUGH ABOUT THIS. YES. SO I, UH, MR. UH, UH, CHAIRMAN, UH, I, I HAVE HEARD, UH, SUFFICIENT, UH, INFORMATION. OKAY. I KNOW THAT THIS IS, UH, UH, A REQUEST FOR A CONTINUANCE. SO, UH, I'M OKAY. OKAY. SO YEAH, HE'S, OKAY. WELL, LET'S, LET'S LOOK FOR A FIRST. LET'S LOOK FOR A MOTION FOR A CONTINUANCE TO SEE IF THAT PASSES. IF IT DOESN'T PASS, WE'LL HEAR THE CASE. UH, MOTION, UH, MR. CHAIR REGARDING, UH, CASE THAT BO A 24 DASH 1 0 3 0 0 2 4 3. I MOVE FOR A CONTINUANCE TO FEBRUARY 10TH. GIVEN, IS FEBRUARY 10TH GONNA BE ENOUGH TIME FOR YOU TO MEET WITH? OH, ABSOLUTELY. I NEED TO GET INFORMATION FROM YOU TO REACH OUT. ALL RIGHT. SURE. FEBRUARY 10TH. WE'RE NOT FULLY EDD WITH 11 MEMBERS THAT WE NORMALLY DO HAVE. SO, SECOND, SECOND BY COMMISSIONER AMANA. UH, LET'S HAVE A ROLL CALL. VOTE. COMMISSIONER ENO. YES, I CONCUR. COMMISSIONER MANNA? I CONCUR. COMMISSIONER BARRINGTON? YES. COMMISSIONER STEVENS. YES. COMMISSIONER E BONIS. YES. COMMISSIONER DEAN. I CONCUR. I JUST HAVE ONE. COMMISSIONER BENAVIDEZ. YES. COMMISSIONER EZ. YES. COMMISSIONER VASQUEZ. I CONCUR. CHAIR ORIAN. I CONCUR WITH THE FINDINGS OF FACTS. SO THIS IS GONNA BE CONTINUED TO FEBRUARY 10TH. UH, BE FIRST ON THE DOCKET SO WE DON'T SIT THROUGH ALL, WE, I WILL, IF YOU LOOK AT ME AND SAY, HEY, PUT ME, YOU KNOW, I'M, I CAN'T REMEMBER EVERYONE'S FACE, BUT I WILL ABSOLUTELY EXTEND THAT COURTESY TO YOU. I'VE HAD A WAIT IN MEETINGS TOO OVER, OVER THE YEARS. IT'S NOT NO FUN. SO PLE PLEASE, PLEASE, UH, UM, YOU KNOW, TRY TO WORK SOMETHING OUT. AND WE LOVE TO HEAR THAT Y'ALL HAVE COME TO SOME KIND OF A COMPROMISE. UH, PARDON ME. CAN WE ABSOLUTELY. THREE. I HAVE A MINUTE TO SHOW YOU. YES. WE HAVE SEVEN RIDGE. ALL ITEM NUMBER NINE. YOU GOT ANY QUESTION HERE? 44 44. THAT'S ME. OKAY. EVERYBODY HERE? THEY'RE ON. THEY'RE GOOD. GOOD. OKAY. ITEM NUMBER NINE, BO OA DASH 24 DASH 0 3 0 0 2 4 4. ADDRESS BEING 2100 NORTH MAIN, UH, AVENUE, UH, CITY OR COUNCIL. DISTRICT ONE APPLICANT, WGA CONSULTING ENGINEERS AND IS A REQUEST FOR A SEVEN FOOT VARIANCE FROM THE 15 FOOT SETBACK TO ALLOW A STRUCTURE TO BE EIGHT FEET FROM THE URBAN CORRIDOR DISTRICT. FRONT SETBACK ZONING IS C TWO. SUBJECT PROPERTY IS LOCATED WITHIN THE MONTE VISTA HISTORICAL AREA ON THE CORNER OF NORTH MAIN AVENUE AND EAST ASHBY PLACE. THE APPLICANT ON BEHALF OF THE PROPERTY OWNER IS REQUESTING A SEVEN FOOT VARIANCE TO LINE EXPANSION OF THE EXISTING STRUCTURE BUILT IN 1935 TO BE EIGHT FEET FROM MAIN AVENUE MCCULLOUGH AVENUE URBAN CORRIDOR. A PORTION OF THE DEVELOPMENT IS WITHIN THE CORRIDOR SETBACK, HOWEVER, IT APPEARS TO HAVE BEEN BUILT PRIOR TO 1987 URBAN CORRIDOR STANDARDS. THE APPLICANT WORKED WITH THE EASEMENT OWNER AND HAVE A 10 FOOT EASEMENT START AT A HEIGHT OF 15 FEET ABOVE FINISHED GRADE. AND IT INDICATED ON THEIR PLAT AND APPROVED CERTIFICATE OF APPROPRIATENESS HAS BEEN OBTAINED BY THE OFFICE OF HISTORIC PRESERVATION. AND PERMITS ARE PENDING THE RESULTS OF THE BOARD OF ADJUSTMENT. THIS IS A SITE PLAN. THIS IS A PROPOSED DEVELOPMENT SITE PLAN, AERIAL VIEWS OF THE PROPERTY, HISTORICAL VIEW, AND THEN SUBJECT PROPERTY SURROUNDING AREA. STAFF RECOMMENDATION FOR THE ORBIT ORBIT URBAN CORRIDOR SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO OA DASH 24 DASH 0 3 0 0 2 4 4 [04:35:02] BASED ON THE FOLLOWING FINDINGS OF FACT, THE ROAD DEVELOPMENT WILL NOT LEASE SUFFICIENT RULE BETWEEN PROPERTY AND THE URBAN CORRIDOR AND REQUEST THE VARIANCE WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT STAFF MAIL 26 NOTICE. ZERO IN FAVOR. UH, ONE IN FAVOR, WITHIN OR OUTSIDE THE 200 FEET. ZERO IN OPPOSITION AND NO RESPONSE FROM THE MONTE VISTA HISTORICAL TOBIN HILL OR THE SAN ANTONIO ONE DISTRICT ONE RESIDENCE. AND THIS IS, UH, OFFICE OF HISTORIC PRESERVATIONS RESPONSE. AND THE IN FAVOR THAT IS OUTSIDE THE 200 FEET. AND THIS CONCLUDES STAFF'S PRESENTATION. ALRIGHT, THANK YOU. LET'S HAVE APPLICANT COME FORWARD. PLEASE STATE YOUR NAME, TELL US ABOUT YOUR PROJECT. THANK YOU. COY ARMSTRONG WITH WGA, UH, CIVIL ENGINEER. I'M HERE WITH THE CLIENT NICK HEIMER WITH A, UM, HEAD WALL. HEAD WALL INVESTMENTS, SORRY. UM, THIS PROJECT AT 2100 NORTH MAIN AVENUE, UH, WAS PREVIOUSLY DEVELOPED MANY YEARS AGO. THERE'S AN EXISTING GAS STATION THAT HASN'T BEEN IN SERVICE AT THE, UH, HARD CORNER FOR PROBABLY 40 PLUS YEARS. IT'S BEEN ABANDONED. THERE'S ANOTHER BUILDING ON ANOTHER COUPLE, COUPLE MORE BUILDINGS ON THE SITE. UM, ONE THAT'S GOING TO BE A, UM, PIZZA PLACE. AND THEN THERE'S ANOTHER BUILDING ALONG NORTH MAIN THAT'S ALSO CURRENTLY A VACANT RETAIL BUILDING AS WELL. UM, I GUESS A PICTURE'S WORTH. AND WHILE THEY'RE GETTING THAT SET UP REAL QUICK, SO, UH, WE WOULD SAY THAT THE, UH, CAN YOU GIVE US YOUR NAME PLEASE? SORRY. NICK WEINHEIMER, UH, WITH HEAD WALL INVESTMENTS. AND SO, UH, THERE ARE A NUMBER OF STRUCTURES ON THIS PROPERTY, UH, THAT ARE EXISTING, UH, TODAY. AND SO, UH, AS COY ALLUDED TO, THERE'S THAT ABANDONED, ABANDONED FUEL STATION THAT'S BEEN VACANT SINCE THE EIGHTIES. UM, ADDITIONALLY WE OWN THE BUILDING JUST TO THE NORTH, UH, PLAN NORTH THERE. THAT, UH, IS ALSO ENCROACHING. UM, THAT'S, UH, UH, LOCAL SKINCARE USER, UH, THAT WE HAVE, UH, THAT'S OPERATING OUTTA THAT BUILDING. AND THEN FURTHER TO THE NORTH IS ANOTHER BUILDING THAT WE ALSO OWN, ENCROACHING INTO THIS URBAN CORRIDOR SETBACK. AND, UH, COY ALSO ALLUDED TO THE, UH, LOCAL PIZZA OPERATOR THAT IS IN THAT 1 0 5 ASHBY BUILDING THAT, UH, IS TO THE RIGHT OF, UH, OUR EXISTING OR THE FUELING STATION THAT WE'RE TALKING ABOUT TODAY. SO, UM, IT'LL ALL COME INTO CONTEXT HERE. THANK YOU. SO THE, THE, THE BUILDING LABELED EXISTING BUILDING 1,065 SQUARE FEET, THERE ARE GOING TO BE POINTER. OH, AWESOME. THANK YOU VERY MUCH. YEAH, WE'RE OKAY. YEAH. SO THIS BUILDING RIGHT HERE IS 1,065 SQUARE FEET. THIS IS AN EXISTING BUILDING. WE'RE GONNA BE ADDING ONTO THAT BUILDING FOR THE PROPOSED DEVELOPMENT. SO THIS WILL BE THE OUTER, OUTER FULL PERIMETER OF THAT, THAT BUILDING. THE ONLY PART THAT IS GOING TO BE, UH, PRO PROTRUDING INTO THE 15 FOOT BUILDING SETBACK LINE IS THIS 125 SQUARE FEET THAT YOU SEE SHADED HERE IN YELLOW, AS WELL AS AN EXISTING OVERHANG. UH, THAT, UM, IS ON THAT GAS STATION, THE EXISTING GAS STATION. THEY'RE GONNA REUSE THAT AND FIX THAT UP AND IT PROTRUDES INTO THAT 15 FOOT SETBACK BY ABOUT MAYBE A FOOT AND A HALF. OTHER THAN THAT, EVERYTHING ELSE THAT WE'RE PROPOSING TO DO, UH, IS OUTSIDE OF THE, THE, UH, 15 FOOT SET BUILDING SETBACK. UM, THIS IS THE OTHER BUILDING, THE EXISTING BUILDING THAT'S TO REMAIN, THAT GOES ALL THE WAY UP TO THE, UH, CURRENT RIGHT OF WAY. AND THEN THE, THE LOT 29 HERE, WHICH IS THE OTHER BUILDING THAT THEY OWN ALSO GOES ALL THE WAY UP TO THE CURRENT RIGHT OF WAY. SO WE'RE HERE TODAY JUST TO ASK FOR A VARIANCE FOR THIS SMALL PIECE, UH, THAT EXTENDS OUT INTO BEYOND THE, THE, UH, 15 FOOT BUILDING SETBACK AND, UH, THAT LITTLE OVERHANG, ROUGHLY 120, THAT'S 125 SQUARE FEET. I THINK WE HAVE THAT LABELED RIGHT THERE. UM, WE, UM, WE ALSO RECEIVED, UM, WE REACHED OUT, OUR CLIENT REACHED OUT TO MONTE VISTA HISTORICAL, UM, NEIGHBORHOOD ASSOCIATION AND WE'VE RECEIVED AN EMAIL, UH, IN FAVOR OF THE, OF THE PROJECT AND HAVE THAT TO SHOW HERE IF YOU'D LIKE TO SEE. CAN YOU GO AHEAD AND PUT THAT ON THE SCREEN? SO HAVE YOU GONE BEFORE, UH, OHP ON THIS THING YET? HCRC OR ANYTHING? NO, NO, THANK YOU. UH, WE'RE NOT IN THE, OVER THE HISTORIC DISTRICT. WE'RE JUST IN THE NEIGHBORHOOD [04:40:01] AND WE HAVE RECEIVED OUR CERTIFICATE OF APPROPRIATENESS, UM, FOR THIS, THIS PROPERTY. OKAY. YEAH. 'CAUSE IT'S ALL THE AGE, UH, AFTER THE YES. ON THE ZONING. AND THEN ALSO THE, WITH THE 10 FOOT OVERHANG, IS THAT, IS THAT A, IS THAT COMMENCE AT A CERTAIN HEIGHT OR IS THAT JUST OVERHANG? SO THE OVERHANG, SO THERE'S AN OVERHEAD ELECTRIC ALONG THE RIGHT OF WAY LINE EXISTING. AND SO THE BUILDING'S GOING TO ENCROACH INTO YOUR TYPICAL 14 FOOT UTIL EASEMENT. AND CPS ALLOWED US TO HAVE THAT, THAT OVERHEAD, THAT EASEMENT START AT 15 FOOT HIGH, WHICH WOULD BE BELOW THE TOP OF THE, OF THE, UH, PROPOSED BUILDING. OKAY. COMMISSIONER ZUNA, SO JUST SPEAKING ABOUT THE HARDSHIP RIGHT, IF THE VARIANCE WERE TO BE DENIED, I KNOW, I KNOW YOU GUYS HAVE BEEN WORKING ON A COUPLE OF LEASES ON THE PROPERTY, SO, UM, WHAT WOULD BE THE HARDSHIP, RIGHT, IF THE VARIANCE WOULD BE DENIED TODAY? SO HE ALREADY HAS A TENANT FOR THAT BARBECUE PLACE, WHICH IS THE, THE BUILDING WHERE THE, THAT'S GONNA BE REUSING THE, UM, UH, GAS STATION. I'LL LET HIM SPEAK TO THAT. GREAT QUESTION. AND SO, UH, THIS AGAIN, AS WE'VE TALKED ABOUT THIS, FUELING STATION'S BEEN ABANDONED SINCE THE EIGHTIES. AND, UH, ONE PIECE THAT UH, I GUESS WAS CAUSING IT TO STAY ABANDONED IS THERE'S THOSE EXISTING BUILDINGS ON SITE. AND SO IT'S CREATED THESE CONSTRAINTS WHERE WE'RE NOT ALLOWED TO GET ANY CLOSER TO THAT PIZZA RESTAURANT THAT WE'RE NEXT TO. AND WE CAN'T BUILD ANY FURTHER INTO, UH, I GUESS PLAN NORTH, UH, WITHOUT INTRUDING INTO OUR, UH, OUR LAST REMAINING ENTRANCE, UM, OFF OF MAINE. AND SO BECAUSE OF THOSE CONSTRAINTS, THERE'S NOWHERE ELSE WE CAN PUT HIS 28 FOOT LONG PROPANE TANK, UH, BARBECUE PIT. AND IT'S A PIECE OF ARTWORK THAT IS REALLY IMPORTANT FOR HIS, UH, THE, THE ENVIRONMENT AND THE, THE JUST AMBIANCE OF HIS BARBECUE RESTAURANT. YEAH. THE SITE ALSO CURRENTLY HAS FIVE DRIVEWAYS AND WE'RE REMOVING THREE DRIVEWAYS CLOSEST TO THE INTERSECTION. SO IMPROVING, IMPROVING THE TRAFFIC CIRCULATION AT THE INTERSECTION AND ONLY KEEPING THE TWO DRIVEWAYS ONE ON EAST ASHBY PLACE AND ONE ON, UH, NORTH MAIN THE, AT THE FURTHEST DISTANCE AWAY FROM THE INTERSECTION. GOT IT. ALRIGHT, ANY OTHER QUESTIONS? MANNA, COMMISSIONER MANNA, CAN YOU BRING UP, UH, GOOGLE DRIVE AND, AND SET US AT THE INTERSECTION THERE? AND, YOU KNOW, LOOKING AT THE INTERSECTION, IT LOOKS LIKE THE BUILDING, YOU KNOW, THE EXISTING BUILDING IS KIND OF SET BACK QUITE A WAYS, UM, OVERALL, BUT YOU KNOW, AS YOU STATED, THE, THE, UH, EURO BUDDING BUILDING IS ALL THE WAY TO THAT SETBACK. AND IF YOU LOOK ACROSS THE STREET, THE, UM, ON THE OTHER SIDE, THAT BUILDING IS ALSO RIGHT AT THE SETBACK. AND SO IT, SO THIS BUILDING IS SET BASICALLY BACK BEHIND EVERYTHING. AND SO I GUESS ONE QUESTION THAT I HAVE IS, YOU KNOW, GENERALLY WE, WE, WE TALK ABOUT, UH, LIMITING THE SPACE JUST TO WHATEVER'S BEEN BEING REQUESTED. AND SO, YOU KNOW, IS THAT APPROPRIATE HERE, YOU KNOW, JUST LOOKING FOR THAT ONE SPACE IS REALLY ALL YOU'RE LOOKING FOR, RIGHT? THAT'S ALL WE REALLY NEED THAT AND AS WELL AS THE SMALL AREA WHERE THE EXISTING OVERHANG IS, WAS IS EXTENDING OR PROTRUDING, WE CAN DEFINE IT AS DO I AS AS SUBMITTED RIGHT? AS SUBMITTED, RIGHT. SO, YEAH, SO, OKAY. I MEAN THERE'S SOME DIMENSIONS BUT THERE, I DUNNO HOW MUCH YOU WANNA RELY ON WITH THE ANGLE AND EVERYTHING. OKAY. ALL RIGHT. UH, ANY OTHER QUESTIONS? HEARING NONE ANYONE SIGNED TO SPEAK? UH, NO PUBLIC COMMENT. ALL LET'S HAVE A MOTION. I'LL TAKE IT. IT OR UNLESS YOU WANNA TAKE IT IF YOU, MAN, REGARDING CASE NUMBER BO A 2 4 1 0 3 0 0 2 4 4, I MOVED AT THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A SEVEN FOOT VARIANCE FROM THE 15 FOOT SETBACK TO ALLOW A STRUCTURE TO BE EIGHT FOOT FROM THE URBAN CORRIDOR DISTRICT WITH, UH, FRONT SETBACK. UM, AS SUBMITTED IN THEIR APPLICATION, UH, WERE DESIGNED AS SUBMITTED IN THEIR APPLICATION, UH, SITUATED AT 2100 NORTH MAIN AVENUE APPLICANT BEING WGA CONSULTING ENGINEERS BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF PROPERTY IS SUCH THAT THE LIBERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THE REDUCED SETBACK IS CONSISTENT WITH OTHER STRUCTURES IN ALONG THE CORRIDOR IN THE IMMEDIATE VICINITY AND NOT OUTTA CHARACTER FOR THE URBAN CORRIDOR DISTRICT. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE URBAN CORRIDOR SETBACKS WOULD RESULT IN UNNECESSARY HARDSHIP AS THERE IS NOT ADEQUATE SPACE FOR DEVELOPMENT ON THE LOT. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED URBAN CORRIDOR VARIANCE APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE AS IT PRESERVES THE URBAN CORRIDOR, WHILE PROVIDING ADEQUATE SPACE BETWEEN PROPERTIES FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE AS PER UH, SUBMITTED IN DESIGN. UH, FIVE NO SUCH VARI OR FIVE SUCH VARIANCES [04:45:01] WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. PROPOSED DEVELOPMENT WILL LEAVE SUFFICIENT ROOM BETWEEN THE PROPERTY AND THE URBAN CORRIDOR AND WILL NOT ALTER THE ESSENTIAL CHARACTER OF THIS DISTRICT. SIX APPLY TO THE OWNER OF PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE GENERAL OR THE RESULT OF GENERAL CONDITIONS AND DISTRICT IN WHICH IS PROPERTY IS LOCATED. THE VARIANCE IS DUE TO UNIQUE CIRCUMSTANCES THAT ARE NOT CREATED ON THIS PROPERTY OWNER, UH, CREATED BY THE PROPERTY OWNER, SUCH AS THE LOCATION AND THE SIZE OF THE LOT. AND THE MOTION. SECOND, SECOND BY COMMISSIONER ZUNA. COMMISSIONER MADOCK. SO, SO YEAH, SO, YOU KNOW, LOOKING AT THE, THE BUDDING PROPERTIES, UM, AND THE ADJACENT PROPERTIES, IT JUST LOOKS VERY CONSISTENT WITH THAT DESIGN AND, AND SO, UM, I THINK IT IS IN HARMONY. UM, REALLY I THINK IT'S A KIND OF A NICE COMPROMISE BETWEEN BOTH BECAUSE THEY AREN'T ASKING FOR THE WHOLE FRONT OF THE PROPERTY TO BE, UM, YOU KNOW, UH, SEEKING THAT RELIEF FOR THE WHOLE PROPERTY. AND JUST FOR THAT ONE, UH, SMALLER SECTION, UH, I'LL BE SUPPORTING THIS MOTION. COMMISSIONER UNA YEAH, I'LL BE SUPPORTING AS WELL. NOT ONLY ARE THEY, UM, YOU KNOW, WE'RE LIMITING THE, THE VARIANCE TO THE SPECIFIC SIDE PLAN, BUT THEY'RE ALSO REDUCING THE NUMBER OF CURB CUTS, WHICH HELPS, UH, JUST THE TRAFFIC FLOW IN THAT WHOLE AREA. I KNOW THEY'VE BEEN DOING A LOT OF WORK IN THE, IN THAT WHOLE AREA TO KIND OF REENERGIZE AND BRING SOME NEW RESTAURANTS AND, AND COFFEE SHOPS AND SUCH. SO THIS KIND OF FLOWS INTO THAT SAME REDEVELOPMENT. SO I'M SUPPORTING. ALL RIGHT. ANYONE ELSE LIKE TO ADD HEARING NOW? IS THAT A ROLL CALL? VOTE PLEASE. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER BENAVIDEZ? I CONCUR. COMMISSIONER EZ? YES, I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. 10 TO ZERO. CONGRATULATIONS. THANK SIR. THANK YOU SIR. THANK YOU. APPRECIATE IT. ALRIGHT, ITEM NUMBER 10. YEAH, WELL WE KNOW WE HAVE, UH, UH OKAY. THEY'RE HERE. OKAY. OKAY. OKAY. BO OA 24 1 0 3 0 0 2 4 5. ADDRESS, 1912 SANTA BARBARA STREET COUNCIL DISTRICT ONE APPLICANT ERIC GALVAN REQUESTS A FOUR FOOT 11 INCH SIDE SETBACK VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A STRUCTURE TO BE ONE INCH FROM THE SIDE PROPERTY LINE AND TWO, A FIVE FOOT TWO INCH CLEAR VISION VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION TO ALLOW A NINE FOOT, 10 FOOT, UH, NINE FOOT, 10 INCH DRIVEWAY. CLEAR VISION ZONING IS R FOUR. SUBJECT PROPERTY IS LOCATED ALONG SANTA BARBARA STREET, WEST OF WEST AVENUE, LOCATED WITHIN THE LOS ANGELES HEIGHTS NEIGHBORHOOD ASSOCIATION. THE APPLICANT HAD A CARPORT CONSTRUCTED WITHOUT PERMIT AND WAS CITED BY CODE ENFORCEMENT IN NOVEMBER, 2024. THE APPLICANT HAD THE CARPORT CONSTRUCTED AT ONE INCH FROM THE SIDE PROPERTY LINE. THE CARPORT FIRST SHOWED UP ON STREET IMAGERY IN 2024. STAFF MEASURED A 10 FOOT SIX INCH WIDTH AND A 41 FOOT DEPTH FOR THE CARPORT. DURING SITE VISITS UPON STAFF SITE VISITS A DRIVEWAY, CLEAR VISION VARIANCE WAS ADDED TO THE CASE. AND THERE'S A SITE PLAN JUST SHOWING WHAT SIDE THE CARPORT IS ON AND THE CLEAR VISION SUBJECT PROPERTY AND THE CARPORT. AND THIS IS JUST SHOWING THAT GUTTERS ARE PRESENT FOR THE WHOLE LENGTH OF IT. AND THIS IS JUST SHOWING THAT IT'S ATTACHED TO THE HOUSE AND THERE'S THE DEPTH THAT WE MEASURED. AND THEN THE CARPORT WIDTH, CLEAR VISION SURROUNDING AREA. STAFF RECOMMENDATION FOR THE ATTACHED CARPORT SIDE SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO OA 24 1 0 3 0 0 2 4 5 BASED ON FOLLOWING FINDINGS OF FACT, ONE INSUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE SAFETY CONCERNS. TWO. THE REQUESTED VARIANCE WILL ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. AND THEN THE STAFF RECOMMENDATION FOR THE DRIVEWAY. CLEAR VISION VARIANCE STAFF RECOMMENDS APPROVAL IN THE SAME BOA CASE BASED ON THE FALLING FINDINGS OF FACT ONE. THE GATE AND FENCE ARE LOCATED AT A [04:50:01] WELL-ESTABLISHED LINE WITHIN THE NEIGHBORHOOD, AND TWO, THE REQUESTED VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. WE MAILED OUT 30 NOTICES, ZERO FAVOR, ZERO IN OPPOSITION, UM, AND NO RESPONSE FROM LOS ANGELES HEIGHTS, AND THEN NO RESPONSE FROM THE DISTRICT ONE RESIDENCE ASSOCIATION. UM, AND THEN THE NEXT SLIDE, WE DID GET ONE OPPOSITION. IT WAS UNVERIFIED, UM, AT THE POINT, AND I BELIEVE HE SHOULD STILL BE HERE. UM, WE JUST MET UP WITH HIM. HE PUT THE ADDRESS OF THE CASE AND NOT HIS OWN ADDRESS, SO WE WEREN'T ABLE TO VERIFY IT UNTIL HE ARRIVED. UM, SO HE MAY, UH, BE A SPEAKER IF HE DIDN'T LEAVE. AND THIS CONCLUDES STAFF PRESENTATION. APPLICANT IS AVAILABLE. ALL RIGHT, SO THE APPLICANT COME FORWARD AND THEN QUESTION FOR CITY STAFF MANNA? YES. SO, SO THE MEASUREMENT WAS, WAS TO THAT GUTTER. UM, SO THAT'S INCLUDED IN THE MEASUREMENT FOR THE ONE INCH VARIANCE? YES, SIR. WILL WE BE LIKE SLIDING THROUGH IT OR IS IT JUST THAT I ALSO HAVE VIDEOS TOO. ALL RIGHT. STATE YOUR NAME AND TELL US ABOUT YOUR I'M ERIC GALVAN. I AM THE SON OF THE OWNERS. I'M SPEAKING FOR THEM. MM-HMM . SO THE REASON FOR THIS CARPORT WAS A BETTER BUILD BECAUSE OF THE WEATHER. SO WE HAD MULTIPLE, UM, ISSUES IN THE PAST WITH HAIL HEAT. SO, UM, ON THAT, ON THAT FIRST PICTURE, THAT'S THE OLD CARPORT WE HAD, WE HAD TO TAKE IT DOWN. 'CAUSE DUE TO SAFETY, IT WAS VERY OLD AND RUSTY. THAT'S THE ONE THAT CAME WHEN MY PARENTS BOUGHT THE HOUSE. SO WE TOOK IT DOWN AND WE BOUGHT THE NEW CARPORT. UM, THE NEW CARPORT IS ABOUT THE SAME WIDTH, JUST LONGER. THE ONLY DIFFERENCE NOW IS THAT THERE IS GUTTERS, OBVIOUSLY. AND BEFORE WITH THE OLD CARPORT, WATER WOULD GO OVER THE PROPERTY FENCE AND I WAS INFORMED THAT THE PROBLEM WAS THAT WATER WAS GOING OVER THE PROPERTY FENCE. SO WE TOOK ACTION AND WE PUT THE GUTTERS UP AND PRETTY MUCH WHY WE NEED THE CARPORT IS 'CAUSE OF THE HEAT. UM, I HAVE THREE YOUNGER SIBLINGS THAT NEED TO BE PICKED UP AT THREE AND, UM, WHEN THEY'RE PICKED UP BEFORE WE HAD THE CARPORT, THE CARS ARE VERY HOT. UM, MY, MY MOM'S CAR IS A FULL LEATHER CAR, SO, YOU KNOW, WE NEED THE CARS TO BE COOL. AND WE HAD, UM, ON, ON THOSE NEXT SLIDES, WE HAVE SITUATIONS WHERE THERE WAS HELL AND WE HAD TO PARK OUR CARS AND SHOPS CARPORTS. SO WE PREVENT THE HELL DAMAGE AGAIN. AND UM, I THINK THAT'S A VIDEO. YOU COULD PLAY IT TOO. SO YEAH, THAT BLACK CAR RIGHT THERE IS MY CAR AND SOMEONE ELSE'S CARPORT IN THE SHOPS. AND THESE VIDEOS, THESE ARE ALSO VIDEOS OF THE ME SHOWING THAT THE GUTTERS ARE WORKING PROPERLY, THE WATER IS GETTING ON OUR SIDE OF THE PROPERTY NOW. 'CAUSE THAT WAS THE MAIN PROBLEM WITH THE, OUR NEIGHBORS ON THE LEFT SIDE OF THE HOUSE. AND WE WEREN'T AWARE OF THE RULES WITH THE CARPORT BECAUSE WE BUILT IT THE SAME WAY AS THE OLD CARPOOL WE HAD WHEN WE BOUGHT THE HOUSE. SO WE ALL, PRETTY MUCH, THE CHANGES THAT WE DID WAS THE LENGTH OF THE CARPORT, NOT THE WIDTH. AND WE WEREN'T AWARE THAT WE HAD TO DO FIVE FEET FROM THE FENCE, FROM THE PROPERTY LINE BECAUSE THE GARAGE IS ALSO AROUND TWO FEET FROM THE PROPERTY LINE. SO WE'RE LIKE, OKAY, SO SINCE THE GARAGE IS THIS FAR FROM THE PROPERTY LINE, IT SHOULD BE FINE. AND WE BUILT THE CARPORT, THE SAME DISTANCE FROM THERE AND THE OVERHANG ON THE GARAGE. ON THE GARAGE. AND THE ACQUIRE PORT IS ABOUT THE SAME RIGHT ON THE PROPERTY LINE TOO. AND WHEN IT RAINS, THE, THE RAIN FROM THAT FALLS ON THE GARAGE, IT DOES GO OVER TO THE OTHER PROPERTY. BUT THE GARAGE HAS BEEN THERE SINCE BEFORE IT BROUGHT THE PROPERTY. THE GARAGE DOES NOT HAVE GUTTERS. ONLY THE ONLY THE CARDBOARD. ANY QUESTIONS? , ARE THERE ANY QUESTIONS FROM THE COMMISSION? MADAM COMMISSIONER? MANNA? SO, SO, UM, SO THAT PICTURE RIGHT THERE SHOWS THE, I GUESS THE, THE, UH, DOWNSPOUT. IS THAT DOWNSPOUT STICKING FURTHER THAN THE EXISTING, UM, GUTTER? I MEAN, IT LOOKS LIKE IT SLOPES OUTWARD VERSUS INWARD GENERALLY. I SEE IT SHAPED THE OTHER DIRECTION. YOU, YOU, WE, YOU CAN'T HAVE ANYTHING GOING ON THE OTHER PERSON'S PROPERTY IS [04:55:01] WHAT IT AMOUNTS TO. I JUST WANNA MAKE SURE MM-HMM . THAT THAT'S NOT THE CASE THERE. NO, IT'S ACTUALLY SITTING RIGHT ON THE, YEAH, NO, IT'S SITTING RIGHT ON THE FENCE LINE THAT WE BUILT. AND THE REASON WE DIDN'T PUSH THE PILLARS ON THE CARPORT THAT FIVE FEET FROM THE FENCE IS BECAUSE DUE TO THAT, THE DRIVEWAY ISN'T WIDE ENOUGH. SO IF WE DID THAT, NO VEHICLES WOULD BE ABLE TO FIT IN THE CARPORT. AND I, UH, MAN, SO I DID LOOK AT THE HISTORICAL PICTURES AND, AND YES, TO THE APPLICANT'S POINT, IT, THE ORIGINAL CARPORT DID LOOK TO BE IN THE SAME EXACT SIZE AND EXCEPT FOR THE DIS OR THE LENGTH OF IT. SO YES SIR. OKAY. UH, ANY OTHER COMMISSIONER QUESTIONS? UM, WE HAVE A COM UM, ONE OF OUR NEIGHBORS ON FAVOR ON THE PHONE, IF SHE COULD SPEAK, THAT'S FINE. OR WE CAN'T DO THAT. WE CAN'T. YEAH, WE CAN'T. OKAY, THAT'S FINE. SO NANA, ANOTHER QUESTION. SO, SO, SO THE, UH, ABUTTING PROPERTY, SO THE ONE THAT, UH, THAT SITS ON THAT SIDE WITH YOUR CARPORT, HAD YOU SPOKEN WITH THEM AT ALL? UM, THE ONE THAT LIVES ON THE NEXT RIGHT SIDE. SO, UH, THAT HOUSE RIGHT THERE. SO NEXT MM-HMM . SO HAVE YOU SPOKEN TO THEM? UH, NO. WELL, UM, BASICALLY WHAT HAPPENED WAS WE BUILT A CARPORT AND I GOT, I GOT WORD THAT THE PROBLEM WAS THAT WATER WAS GETTING ON THE SIDE OF THE PROPERTY. SO WE PUT UP THE, THE GUTTERS AND ACTUALLY WHEN WE WERE PUTTING UP THE GUTTERS, COBBS GOT CAUGHT ON US BECAUSE WE WERE PUTTING UP THE GUTTERS THAT DAY. BUT THAT'S PRETTY MUCH THE ONLY PROBLEM WE GOT NOTIFIED OF. SO WE TOOK CARE OF IT AND I MEAN, TRIED TO SOLVE THE PROBLEM BETWEEN THAT THE NEIGHBORS HAD WITH US. OKAY. ALL RIGHT. ANY OTHER QUESTIONS? SO MY QUESTION IS, IT, IT, YOU KNOW, ON THE PICTURES, IT LOOKS LIKE THE ABUTTING PROPERTY HOME IS A GOOD DISTANCE AWAY FROM YOUR CARPORT, BUT ON THE AERIAL PHOTO IT KIND OF LOOKS LIKE IT'S A LOT CLOSER IS WHICH, WHICH, UH, WHO FROM STOP WAS ACTUALLY OUT THERE? UH, ME AND COLTON WERE OUT THERE. UM, IT LOOKED LIKE, YEAH, IT LOOKED LIKE IT WAS PRESSED ON RIGHT UP ON THE, NEAR THE PROPERTY LINE. UM, BUT YEAH, SEE IN THIS PICTURE THAT YELLOW HOUSE LOOKS LIKE IT'S FURTHER AWAY. SO IF THIS GETS APPROVED, JUST KNOW YOU HAVE TO BE AT LEAST ONE INCH FROM THE PROPERTY LINE. THE BOARD CAN'T DO A ZERO LOT LINE. NO, I MEAN THE, THE, THE YELLOW HOUSE IN THAT PICTURE, THE NEIGHBORING HOUSE, IS IT REALLY THE, IS IT A GOOD DISTANCE AWAY FROM THIS COMMON PROPERTY LINE? IT'S, IT'S DEFINITELY NOT WITHIN FIVE FEET, IF I REMEMBER CORRECTLY. YEAH, I DON'T KNOW WHY IT LOOKS ON THE AEL THAT IT, IT WOULD BE CLOSER, BUT, ALL RIGHT. I JUST WANTED TO MAKE SURE THAT WAS, I WASN'T MISSING ANYTHING. ALRIGHT. ANY OTHER QUESTIONS? ALL RIGHT. WHO WOULD LIKE TO MAKE A MOTION? WE GOT A COUPLE VOICEMAILS IN THIS. LET'S HEAR THE VOICEMAILS. RIGHT? DONE. HI, MY NAME IS GRACIA. I LIVE AT 2000. PAUSE THAT FOR A SECOND. ZERO. EXCUSE THE INTERPRETER. I I DIDN'T GET THE NAME OF THE PERSON. I DIDN'T GET IT THE, AT THE BEGINNING, BUT, UH, SHE'S SAYING THAT SHE AGREES TO THE, TO. OKAY. MY NAME IS SOPHIA GRIO AND I LIVE GARCIA. MY NAME IS SOPHIA GARCIA AND I LIVE AT 1 9 1 0 SANTANA STREET IN SAN ANTONIO, TEXAS. [05:00:04] AND UH, I'M CALLING ABOUT THE K 0 2 4 5 AND I'M JUST CALLING TO TO SAY THAT THE CONSTRUCTION THAT THE NEIGHBORS ON 1 9 1 2 SANTA BARBARA STREET, I HAVE, I, I HAVE NO PROBLEM WITH YOUR CONSTRUCTION. THANK YOU SO MUCH. THANK YOU. IS THERE ANOTHER VOICEMAIL? YES. OKAY. HI, MY NAME IS GARCIA NIA, I LIVE AT 2000 ZERO ONE SANTA BARBARA, SAN ANTONIO, TEXAS 7 8 2 0 1. I'M CALLING REGARDING THE ADDRESS OF 1912 SANTA BARBARA. THERE'S AN ISSUE ABOUT A PERMIT TO PUT OVER THE CARPORT, AND I JUST WANTED TO TELL YOU, THERE'S, THERE'S NOTHING WRONG WITH IT. IT DOESN'T BOTHER ANYBODY. AND THESE PEOPLE ARE GOOD PEOPLE AND, UH, THEY'RE LAW ABIDING. UH, NEVER GET INTO TROUBLE AND, UH, THERE'S JUST NO REASON FOR IT NOT TO HAPPEN. IF YOU HAVE ANY QUESTIONS, CALL ME AT TWO ONE ZERO TWO ZERO ONE. UM, 8 3 4 1 3 6 8. THANK YOU. AND, UH, WE GOT A CARLOS CASTRO IF YOU WANNA, DID YOU WANNA SPEAK SIR? JUST, HELLO SIR, PLEASE STATE YOUR NAME AND TELL US YOUR THOUGHTS. OKAY, MY NAME IS CARLOS CASTRO AND I LIVE IN 1906 SANTA BARBARA. AND THE THING IS, IS THAT THEY BUILD, HERE'S AN AERIAL SHOT. AND SINCE, UH, MY DAUGHTER USED TO LIVE AT THAT ADDRESS AND SHE DIDN'T HAVE, UH, A COURT PORT PERIOD, AND SHE, AND THIS, THEY ADDED THIS FROM THE STREET, OR LET'S SAY FROM THE FENCE ALL THE WAY TO THE GARAGE. WELL, GIVEN A SPACE, SOMETHING LIKE THIS, I GOT OTHER PICTURES AND I, AND I'M HERE TO COMPLAIN FOR, THE REASON IS THIS, I'VE BEEN A GOOD NEIGHBOR. I RESPECT EVERYBODY. I SERVE MY COUNTRY. I'M 87 YEARS OLD AND I HELPED THEM WITH SOME OF THE ISSUES THAT THEY WERE DOING WHEN THEY CUT DOWN THE TREE AND I LEND THEM MY TOOLS AND SO THEY COULD PROGRESS, BUT FOR THEM TO TURN AROUND AND SAY THAT I'M A DOPE ADDICT AND THAT I'M A AND MY FAMILY'S A DOPE ADDICTS, I HAVE ONE ISSUE TO SAY, I, I'VE LIVED THERE 63 YEARS AND I WORKED WITH THE CITY POLICE DEPARTMENT TO CORRECT ALL THE GRAFFITI FROM SANTA BARBARA. I MEAN FROM HILDEBRAND TO 14. I TOOK ALL THESE KIDS BY THE REQUEST OF THE CHIEF OF POLICE TO PAINT ALL THE GRAFFITI. AND I'LL TELL YOU SOMETHING, I DO THINGS FOR MY COMMUNITY AND FOR MY NEIGHBORS AND MY NEIGHBORHOOD, MY NEIGHBOR THAT HAVE PASSED AWAY VETERANS LIKE MYSELF. I WENT TO KOREA, I SERVED IN KOREA AND I WAS, WHAT DO YOU CALL IT? AT THE AGE OF 14, I JOINED THE NATIONAL GUARD. I WAS ACTIVATED FROM JUNIOR SCHOOL AND I WENT TO KOREA. YES. AND I'M ONE OF THE 38 SURVIVORS. AND YOU KNOW WHAT, THEY HAD ME DOING, OUR GOVERNMENT, AND I SERVED MY COUNTRY PROUDLY. I WAS AMPUTATING, ARMS, LEGS, YOU NAME IT, FOR A 16-YEAR-OLD. I WAS THERE A YEAR. 20, I MEAN A YEAR, 11 MONTHS, 20 DAYS UNTIL THEY FOUND ME CRYING ON THE SIDE OF THE, OF THE TENT. ALRIGHT, SIR. UH, THAT'S, OH, YOU GOT THERE, JOHN? NO, SIR. I DIDN'T GET A DEAL WITH JOHN BECAUSE I DON'T EVEN KNOW WHAT THAT IS. OKAY, SIR. MANNA. AND THE THING IS THIS, THAT, UH, I, SO I, LET ME ASK YOU, LET ME ASK YOU A QUESTION. SO YOU'RE, I'M UPSET WITH THE WAY THESE PEOPLE AND I, AND I HELP, I TRY TO BE A GOOD NEIGHBOR. SO YOU LIVE IN THE HOUSE NEXT DOOR? YES, SIR. OKAY. THE ONE WHERE THE, THEY PUT THE FENCE? NO, THEY, THEY HAD, AND IT'S RUNNING INTO MY YARD NOW. THEY HAD MENTIONED THAT THEY HAD A CARPORT BEFORE. DO YOU RE SINCE YOU'VE BEEN IN THE HOUSE SO LONG, DO YOU REMEMBER HOW LONG THAT CARPORT WAS THERE? MY, DID I MENTION TO YOU THAT MY DAUGHTER LIVED THERE? MY, AND I GOT A PICTURE HERE WHERE THERE'S, IT SHOWS AN OVERHEAD SHOP. NO, I, I SAW THAT. I'M JUST WONDERING IF THERE [05:05:01] WAS A CARPORT THERE BEFORE. NO, THE COURT PORT WAS IN, OUTSIDE THE BEDROOM. IN THE, IN THE REAR. OKAY. NOW WHO MOVED IT? IT WASN'T MY DAUGHTER. NOW THERE'S BEEN, I'M TALKING ABOUT THE, THE, THE, THE, BUT IT WASN'T A, A FENCE, IT WAS LIKE, UH, WHAT DO YOU CALL IT? STAFF? CAN YOU BRING UP A, A, A METAL, A STREET VIEW? I'M JUST CURIOUS TO SEE IF THAT CARPORT IS, YOU KNOW, DAD, YOU HAVE A STREET VIEW. YEAH, WE'RE GONNA, WE'RE GONNA SEE WHAT WE WHAT WHAT, UH, RECORD PHOTO SHOW. SO IN, SO IT WASN'T, IT WASN'T THERE IN 2022, WAS NOT THERE. BOUGHT THE HOUSE? NO, NO. RIGHT THERE. YEAH, JUST BACK THERE. WAY BACK THERE. LOOK. AND YOU CAN SEE I HAVE A PRIVACY FENCE ALL THE WAY AROUND AND THEY'RE KNOCKING THE FENCE DOWN. OKAY. WHAT YEAR IS THIS? THIS IS 2016. THEY DID THIS ABOUT SIX MONTHS AGO. OKAY. GO TO 2014. CAN YOU, DOES IT SHOW UP IN 2014? IT'S HARD WITH THE TREE IN THE WAY. YEAH, THE CARPORT WAS IN FRONT OF THE GARAGE. IT WASN'T ALL THE WAY TO THE GARAGE. RIGHT. OKAY. AND IT WAS A METAL ONE. IT WAS SMALL. OKAY, I GET IT. UH, IS THERE ANY COMMISSIONER QUESTIONS? ANYONE ELSE UNDER TO THE SPEAK? ALRIGHT, UH, VERONICA CASTRO. THAT'S MY DAUGHTER. HEY, STATE YOUR NAME, PLEASE TELL US YOUR THOUGHTS. I AM VERONICA CASTRO. I LIVE AT 1919 SANTA BARBARA. AND I INITIALLY CALLED AND I CALLED BECAUSE, UM, JUST LIKE THEIR CONCERN ABOUT THE CHILDREN AND THE HAIL OR WHATNOT. UH, THAT SAME THING HAPPENED TO ME AND SOMEBODY BILLED RIGHT ON THE PROPERTY LINE AND MY PROPERTY WOULD FLOOD. MY PARENTS, MY MOM'S, YOU KNOW, DAGER NUMBER, MY DAD HAS LEUKEMIA AND THEY'RE VERY ILL. AND WHEN IT RAINED AND THEY, WHEN I CALLED INITIALLY, THEY HAD ONLY HAD THE STRUCTURE AND IT WAS ONLY LIKE EIGHT FEET. SO I SAID, THIS IS GONNA BE A PROBLEM 'CAUSE IT RAINED AND IT FLOODED. SO THEIR FOUNDATION'S GONNA BE SHOT. SO THEN I TOLD THEM, I CALLED, I SAID, BECAUSE YOUR FOUNDATION'S GONNA BE MESSED UP. SO WHEN MY SISTER LIVED THERE, THEY HAD A METAL ONE IN FRONT OF THE GARAGE AND IT WAS SMALL AND IT WAS TOWARDS THE BACK, NOT TOWARDS THE FRONT WHERE, WHERE THE SIDE WHERE IT WOULD MESS UP. THE FOUNDATION. THE GARAGE WAS ALSO ALREADY BUILT. AND THE CONCRETE, THE DRIVEWAY WAS PUT IN ALL WITH PERMITS. AND THE REASON THAT THE GARAGE IS SO FAR BACK IS THAT THAT'S MY PARENTS' BACKYARD. SO HE DIDN'T HAVE A PROBLEM, THEM BUILDING THE GARAGE PRIOR TO MY SISTER BUYING THE HOUSE. BUT LIKE, THEY BUILT THIS. AND LIKE I SAID, I CALLED WHEN IT WAS ONLY LIKE EIGHT FOOT AND IT WAS JUST A STRUCTURE, BUT THEY WENT ALL THE WAY BACK AND CODE COMPLIANCE CAME. I HAD TO GET ALL MY PERMITS, MY FATHER'S GOTTEN PERMITS. UM, THIS MAN IS A CONTRACTOR, MY HUSBAND WAS A CONTRACTOR. WE KNOW THAT YOU GOTTA GET PERMITS. SO HE WENT AHEAD AND DID IT ALL THE WHOLE NINE YARDS. AND THEN CODE COMPLIANCE, I GUESS TOLD HIM, WELL PUT GUTTERS. THE GUTTERS ARE INTO MY DAD'S PROPERTY LINE. AND THEN THE GUTTERS GO STRAIGHT DOWN, WHICH THEY'RE ON A, THEY'RE ON CONCRETE. SO THE WATER GOES STRAIGHT DOWN. THERE'S NOT A RUNOFF, LIKE TOWARDS THE STREET OR ANYTHING. THE WATER STILL GOES INTO MY DAD'S BECAUSE IT'S JUST STRAIGHT DOWN. THEY DIDN'T PUT LIKE A, A RUNOFF. SO IT'S LIKE IT'S GONNA GO TO THE SIDE OF THE, THE, THE, THE, THE CONCRETE. AND WHAT IS ANOTHER THING THEY'RE CONCERNED ABOUT? THE CHILDREN? THE HEAT, THE HELL. WELL, YOU KNOW WHAT I LIKE, MY MOM'S ON HER DEATH BED AND THEY'RE PARTIER, THEY PARTY. SO ALL, AND THEY, YOU KNOW, PARTY TILL SIX IN THE MORNING, WHATEVER, UH, WITH THE MUSIC AND WITH NOW THAT THEY PUT THIS THING, IT AMPLIFIES. AND MY MOTHER HAD HER HOSPITAL BED RIGHT THERE IN THE FRONT YARD, IN THE FRONT ROOM. AND THEY'RE VERY INCONSIDERATE. SO I MEAN, THEY'RE CONCERNED ABOUT THE CHILD. I'M CONCERNED ABOUT MY PARENTS. THAT'S IT. OKAY. IS ANYONE ELSE UNDER THE SPEAK? THAT'S ALL THE PUBLIC COMMENT. OKAY. UH, WE CAN HAVE THE APPLICANT COME BACK FORWARD. SO YOU'VE HEARD, YOU'VE HEARD SOME CONCERNS AS YOU'D LIKE TO MAKE ANY REBUTTALS? EXCUSE ME. [05:10:05] TALKING THE MIC. OKAY. UM, BU GOOD AFTERNOON. MY NAME IS NIDIA GALVAN, THE OWNER OF THE HOUSE ON, UM, 12 IN 1912 SANTA BARBARA. UM, THE LADY IS TALKING ABOUT A LOT OF THINGS NOW, UM, ABOUT OUR FAMILY. WE HAVE PARTIES, YES, SOMETIMES. AND SOMETIMES THE MUSIC HAS BEEN LOUD, THE POLICE HAS COME AND THEN WE LOWER THE MUSIC. IF WE ARE GONNA TALK ABOUT THINGS, THEN WE CAN TALK ABOUT ALL THE ISSUES THAT THIS LADY HAS HAD WITH THE POLICE. A LOT OF ISSUES. UH, SHE HAD CHILDREN IN THE HOUSE AND THEY DIDN'T HAVE ELECTRICITY FOR MONTHS. THEY DIDN'T HAVE WATER RUNNING IN THE HOUSE EITHER. SO THEY WOULD CARRY THE WATER IN BUCKETS FROM THE KESA. WELL, LET'S, LET'S STAY ON TOPIC FROM MY NEIGHBOR'S HOUSE TO HIS HOUSE. LET'S STAY ON TOPIC WITH THE CARPORT AND PLEASE. OKAY. ALL RIGHT. UM, CAN, CAN SOMEONE TELL ME HOW MUCH LONGER THE CARPORT IS NOW THAN WHAT IT WAS BEFORE? YES. IT USED TO BE LIKE 15 FEET LONG. NOW IT IS ABOUT 20, UH, IT IS 20 FEET FROM THE SIDEWALK TO THE BEGINNING OF THE, WELL, I MEAN THE CARPORT. WELL RIGHT NOW THE, THE CITY STAFF MEASURED IT AS 42 FEET DEEP. BUT IT USED TO BE 15 FEET. IT WAS ONLY 25 FEET WERE ADDED. OKAY, SO YOU ADDED 25 FEET TO THE LENGTH MANANA COMMISSIONER. SO CAN YOU BRING UP, UH, SORRY, THE GOOGLE DRIVE AGAIN. AND SO JUST TRYING TO GET A TIMELINE HERE. SO, UM, AND IF YOU BRING UP OCTOBER, 2018, UM, 'CAUSE IT SHOWS, I BELIEVE Y'ALL PURCHASED THE HOUSE IN JANUARY OF 2018. CORRECT. SO THAT PICTURE THERE SHOWS NO CARPORT. WE HAD ALREADY BOUGHT THE HOUSE AT THAT TIME, S SIDING. SO WE GOT THE PERMIT TO, TO GET THE WINDOWS AND THE SIDING. AND SO WE REMOVED THE CARPORT AT THE TIME. AND IT TOOK US A WHILE TO PUT BACK THE, THE CARPORT AGAIN BECAUSE WE DIDN'T HAVE THE, THE MONEY AND THE MEANS TO DO IT. SO 2019 IT WASN'T THERE YET. AND THEN IF WE GO TO 2022, STILL NOT THERE. AND THEN IF WE GO TO 2024, THERE APPEARS TO BE YES. IS THAT WHEN WE STARTED PUTTING THAT THE CARPORT? AND SO THAT CARPORT IS ONLY, IT DOESN'T GO ALL THE WAY BACK, CORRECT? YEAH, IT IS NOT ALL THE WAY BACK AS IT USED TO BE BEFORE. IT DOESN'T GET, UH, ANY CLOSER TO THE GARAGE. SO, OKAY. SO I GUESS I'M TRYING TO UNDERSTAND. 'CAUSE I THOUGHT THE DIALOGUE WAS THAT THE, YOU KNOW, THERE WAS A CARPORT THERE A WHILE AGO. YEAH, THERE MAY HAVE BEEN SOMETHING THERE, BUT YEAH, THIS LOOKS NEW. YES, THERE WAS ONE, THE ONE THAT WE SHOWED YOU. UH, [05:15:05] HE HAS A, HE SHE HAS, OKAY, SO IN 2016 I SEE AN OLD CARD PORT THERE. SO THAT WAS THE MIDDLE ONE. SO THAT WAS REMOVED? YES, THAT WAS REMOVED BECAUSE IT WAS NOT IN GOOD CONDITION. OKAY. BUT THAT ONE WAS ATTACHED. WELL CLOSE TO THE GARAGE. JUST NEXT TO THE GARAGE. OKAY. WELL I'VE, I'M, I'M READY TO, TO CONTINUE ON IF THERE'S NO MORE QUESTIONS, UM, WE'RE GONNA HAVE A MOTION. WE'LL SEE HOW THIS TURNS OUT. WHO WOULD LIKE TO MAKE A MOTION ON THIS? I HAVEN'T READ ANYTHING IN A LONG TIME. THANK YOU. , WHERE YOU GONNA TRY? YEAH. OKAY, SO I'M GONNA, I'LL, I'LL, I'LL KICK THIS ONE OFF HERE. REGARDING CASE NUMBER BOA 24 DASH 1 0 3 0 2 4 5, I MOVE THAT THE BOARD OF ADJUSTMENT, UH, GRANTED REQUEST FOR ONE, A TWO FOOT SIDE SETBACK VARIANCE FROM THE MINIMUM FIVE FOOT SETBACK TO ALLOW A STRUCTURE TO BE, UH, THREE FEET FROM THE SIDE PROPERTY LINE AND TWO, A FIVE FOOT, TWO INCH CLEAR VISION VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION TO ALLOW A, UH, NINE FOOT, 10 INCH DRIVEWAY CLEAR VISION SITUATED IN 1912 SANTA BARBARA, APPLICANT BEING ERIC GALVAN. BECAUSE THE TESTIMONY PRESENTED US AND THE FACTS THAT WE'VE DETERMINED SHOWED 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 A UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE REQUESTED VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST, AS SUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE SAFETY CONCERNS AND FENCING IS AT AN ESTABLISHED LINE WITHIN THE NEIGHBORHOOD. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE SETBACK AND CLEAR VISION ORDINANCES WOULD RESULT IN AN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD NOT BE ABLE TO MAINTAIN A CARPORT ON THE LOT AND THE APPLICANT WOULD NEED TO RELOCATE THE FENCE AND GATE WELL WITHIN THE PROPERTY OUTSIDE OF THE NORM FOR THE NEIGHBORHOOD. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED VARIANCES APPEAR TO BE IN THE SPIRIT OF THE ORDINANCES. SUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE SAFETY CONCERNS. FURTHERMORE, CARPORT AND FENCE LINES WERE OBSERVED TO BE WITHIN SETBACKS AND CLEAR VISION STANDARDS IN THE IMMEDIATE AREA IN THE NEIGHBORHOOD. FOUR, THE VARIANCE LAND AUTHORIZED THE, THE OPERATION OF VISA OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED AND THE ZONING DISTRICT OF WHICH THE VARIANCE IS LOCATED, NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THAT THE VARIANCES WILL NOT, WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES AS WELL AS OTHER CAR REPORTS SEEN IN THE AREA TO BE WITHIN SETBACKS. AND THE FENCE AND GATE ARE LOCATED AT AN ESTABLISHED LINE WITHIN THE NEIGHBORHOOD. SIX, APPLY TO THE OWNER OF THE PROPERTY, 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 THE GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY'S LOCATED STAFF FINDS THAT UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY IS A SIZE AND DIMENSION OF THE LOT IN THE ESTABLISHED FENCE AND GATE LINE IN THE NEIGHBORHOOD AND OF MOTION. SECOND. SECOND BY COMMISSIONER MANNA. UH, SO I READ THIS, UH, TO, TO GIVE A TWO FOOT VARIANCE. UH, I'LL BE WILLING TO GO DOWN TO TWO AND A HALF FEET, BUT I JUST STARTED THERE. SO I'M LOOKING FOR ANY INPUT FROM, FROM MY COLLEAGUES, COMMISSIONER MANNA. SO I, I THINK, UH, THE WAY IT'S READ IS APPROPRIATE. UM, YOU KNOW, JUST WANNA MAKE SURE, SO THE EXISTING STRUCTURE THAT'S THERE, UM, THAT'S PREEXISTING. SO THAT IS, THAT WON'T BE IMPACTED BY THIS DIALOGUE, IS IT? SO THE, THE STORAGE SHED OR THE, THE GARAGE? THE ORIGINAL GARAGE? NO, IT'S JUST FOR THE, UH, AND I'LL JUST TO CLARIFY, MY MOTION WAS SOLELY FOR THE CARPORT. OKAY. AND, AND SO THAT WAS LIMITED TO THE 41 FOOT LENGTH THAT THEY MEASURED. SO, SO I WOULD CONCUR WITH THAT. ALRIGHT. UH, ANY OTHER COMMISSIONS LIKE TO ADD HOWEVER, WILL CALL VOTE PLEASE. CHAIR ION? YES. COMMISSIONER MENNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER BEDA? YES, I CONCUR. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER EZ? YES. COMMISSIONER VASQUEZ. I CONCUR. ALL RIGHT. MOTION PASSES. 10 TO ZERO. SO YOU WERE GIVEN A TWO FOOT VARIANCE. YOU HAVE TO ADJUST IT TO BE NO CLOSER THAN THREE FEET TO THE SIDE PROPERTY LINE. IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. ITEM 11. OKAY, BOA 2 4 1 0 3 0 0 2 4 8. ADDRESS 6 1 5. [05:20:01] IS THAT K SIR? UM, CALL SIR. CALL SIR. UH, COUNCIL DISTRICT FIVE. APPLICANT A ONE ENGINEERING A REQUEST OF 10 FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW A 10 FOOT REAR SETBACK FOR A RESIDENTIAL STRUCTURE. AND THE ZONING IS R FIVE. THE SUBJECT PROPERTY IS LOCATED ALONG CAER STREET, NORTH OF WEST COMMERCE STREET. THE SITE IS CURRENTLY A VACANT LOT AND THE APPLICANT IS SEEKING TO DEVELOP A SINGLE FAMILY HOME ON THE LOT BECAUSE OF THE PROPOSED ORIENTATION. ON CASE LETTER IN THE LOT DIMENSIONS, UH, THE APPLICANT IS REQUESTING A 10 FOOT REAR SETBACK VARIANCE TO ALLOW PRIMARY STRUCTURE TO BE 10 FOOT FROM THE REAR PROPERTY LINE. PROPOSED PLAN IS CONSISTENT WITH THE REQUIRED A REVERSE CORNER LOT SETBACK. APPLICANT WILL REQUIRE A CERTIFICATE OF DETERMINATION TO BUILD OVER LOT LINES. AND HERE'S THE SITE PLAN WITH THE SETBACK IN THE BACK REAR SETBACK VARIANCE AND SUBJECT PROPERTY SURROUNDING AREA. STAFF RECOMMENDATION FOR THE REAR SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BOA 24 1 0 3 0 0 2 4 8 BASED ON FOLLOWING FINDINGS OF FACT, THE PROPOSED HOME COULD BE REORIENTATED AND ADDRESSED OFF OF NORTH SAN GABRIEL AVENUE ALLOWING FULL UTILIZATION OF LOT, LOT DEPTH AND TO THE REQUESTED VARIANCE WILL ALTER THE CENTRAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. WE MAILED OUT 35 NOTICES, ZERO IN FAVOR, ZERO IN OPPOSITION. AND IT'S NOT LOCATED WITHIN 200 FEET OF ANY REGISTERED NEIGHBORHOOD ASSOCIATION. THAT CONCLUDES THAT PRESENTATION. APPLICANT SHOULD STILL BE AVAILABLE. SO THIS IS ADDRESSED OFF, UH, NORTH SAN GABRIEL WOULD NEED TO BE HERE AT ALL. THAT'S WHAT WE FOUND. THAT'S WHAT IT SEEMS LIKE TO ME. YEAH. ALRIGHT, SO THE APPLICANT COME FORWARD, MANNA COMMISSIONER MANNA. SO QUESTION, JUST QUESTION YOUR POSITION. SO BASICALLY SAME EXACT HOUSE ADDRESSED OFF OF THE OTHER STREET. IT WOULD NOT BE HERE. NOW IS THERE, IS THERE A REQUIREMENT FROM THE FRONT DOOR TO BE FACING THE STREET? IT'S ADDRESSED OFF OF LIKE IT IS AN RM FOUR. NO, SIR. ALRIGHT. SO THEY, THEY COULD THEORETICALLY JUST CHANGE THE ADDRESS AND NOT EVEN HAVE TO COME HERE. BUT, UM, OKAY, SO YES SIR, I'M RIGHT. MY NAME IS RALPH RIOS. THIS IS THE OWNER OF THE PROPERTY. SO WHAT TRANSPIRED IS THAT DURING THE FREEZE BACK IN 2021, I BELIEVE THE HOUSE HAD ALL THE PIPES BUSTED SO THE HOUSE WAS FALLING IN THE GROUND. SO I WENT IN THERE AND I, I REPLACED SOME OF THE PIPE AND THEN THERE WAS SO MUCH TERMITE AND DAMAGE UNDERNEATH HER THAT WE PULLED A REMODELING PERMIT TO BE ABLE TO FIX SOME OF THE AREAS. BUT THEN IT WAS TOO FAR GONE. WHEN, UH, THE STRIKE TEAM ADDRESSED US, THEY SAID, YOU'RE PUTTING IN PIERS AND PUTTING IN STEEL. I SAID, YES, I, I'M RECONSTRUCTING THE FOOTING OF IT. SO THEY SAID WE HAVE TO GO AHEAD AND REORGANIZE THE WHOLE THING. AND AT THAT TIME THEY SAID DEMO THE WHOLE THING, YOU CAN'T JUST DO IT IN INCREMENTS. SO WE DID THAT, BUT THEN THEY HAD US CHANGE THE ADDRESS BECAUSE WHEN WE HAD THE DRAWINGS BUILT, THE DOOR HAS ALWAYS BEEN, THE DOOR HAS ALWAYS BEEN FACING THE, THE FRONT OF THE STREET. WHERE WAS YOUR ADDRESS BEFORE, I DON'T MEAN TO CUT YOU OFF, BUT WERE, WERE YOU EVER ADDRESS OFF OF NORTH SAN GABRIELLE? THE ADDRESS GO 200 NORTH TO GABRIEL? NO, 200 NORTH SAN GABRIEL. THAT USED TO BE YOUR ADDRESS. THAT USED TO BE THE ADDRESS, BUT THEN YOU GOT THE ADDRESS CHANGED TO THEY, THEY MADE THIS CHANGE THE ADDRESS TO KAISER, SIR, BECAUSE OF THE WAY THE HOUSE WAS FA THE DOOR WAS FACING. BUT THAT'S ALWAYS, THAT'S ALWAYS BEEN THE CASE. OKAY, WELL, I MEAN I, WE, WE JUST HEARD THAT THAT'S NOT A REQUIREMENT. I'M SORRY HAVING TO GO THROUGH THIS AT THE MOMENT. THEY, THEY MADE US GO THROUGH THE BEAR COUNTY APPRAISAL DISTRICT CHANGED EVERYTHING, CHANGED THE NAME. SO ADDRESSING GOT CHANGED FOUR YEARS NOW AND THEN YOU HAD TO SPEND MONEY TO COME HERE. YES SIR. FOR SOMETHING THAT ISN'T REALLY EVEN WRONG. AND THEN THERE WAS SOME TREES THAT HAD FROZE DURING THE INCREMENT OF TIME. SO NOW WE HAD TO PAY A THOUSAND DOLLARS PENALTY FEE FOR THE TREES THAT ARE GONNA HAVE TO GET REPLACED. BUT I SAID, WHAT COULD WE DO? THE TREES WERE FALLING. THEY WERE FROZEN. YEAH. SO WE HAD TO CUT 'EM DOWN. SO IT IT STAFF. HAS ANYBODY SIGNED UP TO SPEAK ON THIS VOICEMAIL? THERE'S NO PUBLIC COMMENT. OKAY. UH, THERE IS ONE ADDITIONAL LETTER IN SUPPORT THAT WE GOT LATE, UH, FROM A NEIGHBOR WITHIN 200 FEET. I MEAN, I I I DON'T MEAN TO CUT YOU OFF AS DO YOU WANNA JUST, SOMEONE WOULD LIKE TO MAKE A MOTION ON THIS MANANA COMMISSIONER MANNA. SO REGARDING CASE NUMBER BOA 2 4 1 0 3 0 0 2 4 8 AND MOVE THE BOARD ADJUSTMENT GRANT A REQUEST FOR A 10 FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW A 10 FOOT REAR SETBACK FOR RESIDENTIAL STRUCTURE SITUATED AT 6 1 5 CA SERVE BECAUSE IT, UH, OH APPLICANT BE IN A ONE ENGINEERING BECAUSE TESTIMONY PRESENTED US AND THE FACTS THAT WE HAD [05:25:01] DETERMINED SHOW THAT THE PHYSICAL CHARACTER IS PROPERTY SUCH A LITTLE ENFORCEMENT OF PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIPS. SPECIFICALLY WE FIND THAT ONE THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THE REQUESTED VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST AS SUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE SAFETY CONCERNS. IT IS NOT OUTTA CHARACTER FOR THE NEIGHBORHOOD. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE SETBACK ORDINANCES WOULD RESULT IN NECESSARY HARDSHIP AS THE APPLICANT WOULD NOT BE ABLE TO BUILD AN ADEQUATELY SPACED HOME ON THE PROPERTY. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED VARIANCES APPEAR TO BE THE, UH, IN THE SPIRIT OF THE ORDINANCE, THAT SUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE SAFETY CONCERNS IN THE SINGLE FAMILY DWELLING WILL BE ABLE TO BE BUILT ON THE VACANT LOT THERE. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH IS VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. STAFF FINDS THAT THE VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES AS OTHER STRUCTURES WERE SEEN IN THE NEIGHBORHOOD WITHIN SETBACKS AND ALL OTHER SETBACKS AND MINIMUM LOT SIZE REQUIREMENTS WILL BE MET. SIXTH, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN DISTRICT IN WHICH HIS PROPERTY IS LOCATED. STAFF FINDS UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY IS THE LIMITED DEATH OF THE LOT AS ADDRESSED OFF CAER STREET. END OF MOTION. SECOND. SECOND BY COMMISSIONER STEVENS. UH, COMMISSIONER MANNA. I THINK WE HEARD EVERYTHING WE NEED TO HEAR TO PROVE THIS. COMMISSIONER STEVENS, SORRY YOU HAD TO COME HERE TODAY. I APOLOGIZE AS WELL. UH, ALL IN FAVOR SAY AYE. AYE. ANY OPPOSED? MOTION PASSES UNANIMOUSLY. UM, I APOLOGIZE THAT YOU HAD TO GO THROUGH ALL THIS. UM, YOU REALLY SHOULDN'T. WE'RE GONNA DOUBLE CHECK WITH, UH, STRIKE TEAM. IF THEY TOLD 'EM INFORMATION THAT THEY DIDN'T NEED TO BE HERE, WE'LL DO A REFUND OF THIS. OKAY? THANK, THANK YOU. I REALLY APPRECIATE THAT. THANK YOU. THANK YOU MARICO. THANK YOU FOR THAT. Y'ALL HAVE A GOOD EVENING. SO GET WITH STAFF AND LOOK TO SEE IF YOU COULD GET A REFUND. HOW DO YOU SAY EVEN PETITION? CITY . ITEM NUMBER 12. ITEM NUMBER 12 IS BO 8 2 4 1 0 3 0 0 2 5 0. ADDRESS IS 1 0 2 90 SOUTHTON ROAD COUNCIL. COUNCIL DISTRICT THREE APPLICANT IS LPA INCORPORATED A QUEST FOR AN APPEAL OF THE ADMINISTRATOR'S DECISION FOR NON-CONFORMING USE DENIAL SECTION 35 7 0 2. CONTINUING LAWFUL USE OF PROPERTY AND STRUCTURES SECTION 35 7 0 6. TERMINATION OF NON-CONFORMING USES ZONING IS C TWO AND A NON-ALCOHOLIC SALES DISTRICT PROPERTY RECEIVED A NON-CONFORMING DENIAL ON DECEMBER 2ND, 2024 DUE TO OUR AERIAL IMAGERY SHOWING A CLEAR EXPANSION OF THE USE IN BETWEEN YEARS OF THE LAST NON-CONFORMING USE REGISTRATION IN 2021. AERIAL PHOTOGRAPH SHOWS A NEW BUILDING ON THE PROPERTY IN 2023. AERIAL PHOTOGRAPHY SHOWS MULTIPLE BUILDINGS ON A LOT. THE UNIFIED DEVELOPMENT CODE STIPULATES THAT ANY ENLARGEMENT OF NON-CONFORMING USE WILL RESULT IN A TERMINATION OF THAT NON-CONFORMING USE. A NON-CONFORMING USE WAS APPROVED ON JULY 6TH, 2018 FOR A SUBSTANCE ABUSE TREATMENT FACILITY DURING THE 2023 UNIFIED DEVELOPMENT CODE AMENDMENTS. THE USE OF SUPPORTIVE HOUSING CAMPUS WAS CODIFIED. COMMERCIAL PERMITS WERE APPLIED FOR IN 2021 AND A ZONING REVIEW MISSED THE EXPANSION OF THE NON-CONFORMING USE. THE USE OF SUPPORTIVE HOUSING CAMPUS REQUIRES A SPECIFIC USE AUTHORIZATION WITHIN C TWO BASED ZONING DISTRICT AND PERMITTED FOR BY RIGHT IN THE C3 ZONING DISTRICT. THIS IS YOUR SUBJECT PROPERTY. THIS IS A GOOGLE IMAGE FROM 2019 AND A GOOGLE IMAGE FROM 2021 SHOWING CONSTRUCTION. AND THEN THIS IS JUST AN AERIAL OVERALL. THIS SUBJECT PROPERTY, THIS SLIDE SHOWS THE HISTORY OF THE, UH, EXPANSION 20 19 20 21, 20 23. THIS IS THE NON-CONFORMING NEWSLETTER DENIAL THAT WAS ISSUED ON DECEMBER 2ND, 2024. AND THIS WAS THE NCU LETTER THAT WAS, UH, APPROVED IN, UH, JULY OF SIXTH OF 2018. STAFF CONCLUSIONS, STAFF CONCLUDES THE USE OF SUPPORTIVE HOUSING CAMPUS WILL REQUIRE A CHANGE OF ZONING APPROVAL BASED ON SECTION 35 7 0 5 B ONE BASED ON THE FOLLOWING FINDINGS. AERIAL IMAGERY SHOWS A CLEAR EXPANSION OF THE USE HAS TAKEN PLACE IN THE NEW YEARS BETWEEN THE LAST NONCONFORMING USE REGISTRATION NOTIFICATION PLAN. STAFF NOTE OUT FIVE NOTICES. ZERO RECEIVED IN [05:30:01] FAVOR. ZERO IN OPPOSITION. THERE IS NOT A REGISTERED NEIGHBORHOOD ASSOCIATION WITH 102 HUNDRED FEET AND NO RESPONSE FROM LIFELINE OVER YEARS ANONYMOUS. WOMEN IN TELEVISION SAN ANTONIO COMMUNITY ORGANIZATIONS. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT SHOULD BE AVAILABLE. IFF? YES, COMMISSIONER MAN. SO, SO THIS CURRENTLY, IF I SAW THAT CORRECTLY, UH, ZONED C TWO NA. SO WHAT WOULD IT NEED TO BE ZONED TO BE ABLE TO SUPPORT THIS? UM, SO THAT IT IS NO LONGER NON-CONFORMING? UH, C3 C3. MM-HMM . OKAY, SO I HAVE A QUESTION TOO. SO JUST TO CLARIFY, THEY ACTUALLY PULLED A PERMIT, THEY BUILT THE STUFF, DID IT GET INSPECTED? YEAH, IT LOOKS LIKE ALL PERMITS WENT THROUGH. UM, SO THEY AS A NORMAL PROCEDURE. OKAY. BUT AS FAR AS THE INSPECTIONS, I, WE CAN GO LOOK AND SEE IF THEY YEAH, BUT YOU KNOW, YOU PULL A BUILDING PERMIT YOU BUILD RIGHT. IT LOOKED LIKE THEY BUILT LIKE FIVE BUILDINGS, RIGHT? RIGHT. APPARENTLY THEY GOT 'EM ALL APPROVED. AND WHAT TRIGGERED THIS WAS, UH, WAS THE NON-CONFORMING REAPPLICATION AND I GUESS IT CORRECT A DIFFERENT DIVISION OF STAFF NOTICED IT. UM, AND THEY'RE SURROUNDED BY THE FIRE MAR BEAR COUNTY FIRE MARSHAL, BEAR COUNTY PUBLIC WORKS. IT'S ON A RELATIVELY HUGE LOT. OKAY, I JUST WANNA MAKE SURE I'M SEEING WHAT I'M SEEING HERE. LET'S HAVE THE APPLICANT COME FORWARD. IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. GOOD EVENING. I'M MICKEY CONRAD WITH LPA. AND FIRST OF ALL I WANNA SAY IS THANK YOU FOR YOUR SERVICE. Y'ALL ARE DOING A GREAT SERVICE FOR OUR COMMUNITY. UM, YEAH, THANK YOU VINCENT. FOR THE, FOR THE INFORMATION THAT HE PRESENTED, IF, IF YOU'LL ALLOW ME, I'D LIKE TO, UH, PRESENT A LITTLE BIT OF THE TIMELINE. UM, BEFORE I DO THAT, I WANNA INTRODUCE DAVID PHIPPS. HE'S THE CEO OF SAN ANTONIO LIFETIME RECOVERY. THEY'VE BEEN SERVING BEXAR COUNTY AND SAN ANTONIO AT THAT LOCATION SINCE 1969. THEY'RE A SUBSTANCE ABUSE TREATMENT FACILITY. UH, THE CITY ANNEXED THAT PROPERTY IN 2003 AND THEN IN, UM, SO BEXAR COUNTY OWNS THE PROPERTY AND THEY LEASE IT TO SAN ANTONIO LIFETIME RECOVERY, UM, TO PROVIDE THEIR SERVICE. THE, UM, PROPERTY WAS REZONED IN 2015 BECAUSE IT WENT FROM FARM TO C TWO AT THE CITY'S GUIDANCE ON WHAT WOULD BE THE PROPER ZONING FOR THAT USE. SO THAT'S WHY IT WAS ZONED C TWO IN 2015. AND THEN IN 2018, WHICH VINCENT SHOWED THE, UM, SAN ANTONIO APPROVED A C TWO NON-CONFORMING USE FOR SUBSTANCE ABUSE TREATMENT FACILITY. SO WE WERE DESIGNING A MULTI-PHASE PROJECT AND YOU'RE RIGHT, WE BUILT FIVE BUILDINGS OR SO OR MORE, GOT PERMITS FOR EVERY ONE OF THEM. THIS ISSUE NEVER CAME UP UNTIL NOW. WE'RE ON, WELL WE THINK IT'S THE LAST PHASE, BUT ANYWAY, WE ARE RENOVATING OLD MAIN. THE PICTURE THAT YOU SAW THERE THAT WAS BUILT IN 1930 AS A BOY'S HOME AND WE'RE FINALLY GETTING TO RENOVATE OLD MAIN DOING THE INTERIORS. WHAT'S UNIQUE ABOUT THIS PROJECT? A LITTLE BIT, SINCE BEXAR COUNTY OWNS A PROPERTY, YOU GET PERMITS FOR THE VERTICAL CONSTRUCTION FROM BEXAR COUNTY. BUT ALL THE HORIZONTAL, ALL THE SITE PERMITS ARE FROM THE CITY OF SAN ANTONIO. BUT WE GOT PERMITS FOR EVERY ONE OF THESE PHASES FROM BOTH BEAR COUNTY AND THE CITY OF SAN ANTONIO. SO WE GOT A PERMIT IN 20 19, 20 21, 20 23. AND NOW THE 1 20 24 IS PENDING BECAUSE SOMEBODY STAFF IN SAN ANTONIO SAW SOMETHING ABOUT C TWO VERSUS C3. OKAY. SO, UM, WE ARE REQUESTING THAT YOU WERE, WERE, WERE, UH, REQUESTING THAT YOU, UH, CORRECT THE APPEAL FROM THE ADMINISTRATOR. SO ONE, ONE QUESTION I HAVE IS FOR STAFF. SO THIS IS AN APPEAL OF NONCONFORMING USE, BUT HE JUST MENTIONED THAT HE IS AN ACTIVE PERMIT IN PLAY RIGHT NOW. IF, IF WE GRANT THIS APPEAL, WOULDN'T HE STILL HAVE AN ISSUE BECAUSE HE'S ATTEMPTING TO EXPAND ON A GRANT OF APPEAL THAT WE MAY GIVE HIM TODAY? YOU KNOW, YOU, YOU KNOW WHAT I'M GETTING AT. I MEAN THAT, THAT'S THE REASON WHY THE NON-CONFORMING WAS DENIED THE, WHEN HE GOT HIS ORIGINAL OR WHEN THEY GOT THEIR ORIGINAL NON-CONFORMING NO, NO, I KNOW, I MEAN HE EXPANDED IN 2021 AND LATER, BUT HE, HE SAYS THAT HE IS YOUR PERMIT RIGHT NOW JUST A REMODEL OR IS A NEW STRUCTURE? WELL, UM, PRIMARILY 99% OF IT'S REMODELED. WE'RE BUILDING A SMALL SHADE STRUCTURE OUTSIDE OF THE ORIGINAL BUILDING. AND SO THAT IS A, IT'S A STRUCTURE, IT'S A FOUR POLE SHADE STRUCTURE OF 600 SQUARE FEET OR SO. OKAY. I MEAN, I, I JUST WANTED TO MAKE SURE LIKE, BECAUSE IF WE WERE TO PASS THIS TODAY, BECAUSE YOU, YOU HAVEN'T BUILT THIS, THIS SHADE STRUCTURE YET? NOT YET. THAT WOULD CONFLICT WITH ANYTHING THAT WE WOULD DO TODAY. YES. [05:35:01] IS THE SHADE STRUCTURE RELATED TO THE USE OF THE PROPERTY? YES. OKAY. SO EVEN IF THIS IS SOLVED, THEN THAT WOULD BE STOPPED BECAUSE OF THIS, THAT PORTION OF YOUR PERMIT THE SHADE STRUCTURE. YOU, YOU, SO, SO HERE'S WHAT HAPPENS. YOU HAVE A NON-CONFORMING, YOU USUALLY GET TO KEEP WHAT YOU HAVE, YOU KNOW, AS LONG AS YOU DON'T EXPAND IT BECAUSE YOU HAVE AN ACTIVE PERMIT IN PLACE. EVEN IF WE GRANT THIS TODAY AND YOU'RE CONSIDERED NON-CONFORMING, THAT MEANS YOU CAN'T EXPAND WHATEVER IT IS AT TODAY. SO YOUR PERMIT TO REMODEL IS ONE THING, BUT TO EXPAND IS SOMETHING ELSE. SO YOU MIGHT, YOU MIGHT GET YOUR PERMIT TO, YOU KNOW, TO DO SOME REMODELING OR YOU KNOW, TO FIX MAINTENANCE ISSUES. BUT YOU'RE, BUT THE SHADE STRUCTURE IS STILL GONNA BE IN CONFLICT WITH THIS. SO, YOU KNOW, WHAT WOULD HAPPEN IF THIS WERE TO PASS TODAY, YOU MIGHT WANT TO BREAK THE STRAIGHT SHADE STRUCTURE OUT OF YOUR PERMIT REQUEST. OKAY. JUST SO THAT YOU CAN START WORKING ON YOUR REMODELING, YOU KNOW, AND THEN MAYBE YOU GO TO YOUR, YOUR COUNCIL PERSON AND SEE IF YOU CAN GET THE ZONING CHANGED TO MAYBE THEY, THEY WOULD BE SO BECAUSE OF THAT 600 SQUARE FOOT STRUCTURE THAT SUPPORTS THE FACILITY, IF IT WAS BUILT RIGHT NOW YEAH. AND THEN WE DID THIS. THAT'S SOMETHING ELSE. 'CAUSE THE MOMENT WE PASS THIS, WHATEVER'S THERE RIGHT NOW IS WHAT YOU'RE COVERED FOR. SO I I YOU MIGHT WANNA BREAK THAT PART OUT AND THEN GO TALK TO, BECAUSE THIS, THIS WOULD QUALIFY FOR BUT WE'RE NOT CHANGING THE USE. WE'RE NOT CHANGING. NO, I KNOW, BUT YOU CAN'T EXPAND FOLLOW UP QUESTION. CAN I JUST ASK A FOLLOW UP QUESTION? I'M SARAH FLOWERS, I'M A STUDIO DIRECTOR FOR LPA WORK WITH MICKEY. SO IN 2015 WHEN WE WERE GRANTED, OR WHEN WE WERE TOLD WE WERE MOVING ZONING FROM THE FARM TO C TWO, IT WAS A SUBSTANCE ABUSE FACILITY ON THAT DATE. SO WHY WAS THAT RECOMMENDED? BECAUSE NON-CON, NON-CONFORMING MEANS THAT YOU'RE NOT IN CONFORMANCE WITH THE CURRENT STANDARD, BUT YOU CAN ALWAYS KEEP WHAT'S CURRENTLY THERE THAT WAS CONFORMING AT THE TIME. SO WHEN IT CHANGED THE C TWO YOU MAY HAVE BEEN FINE, BUT THE MOMENT THEY RECATEGORIZE THIS AND MADE IT TO WHERE WHATEVER IT IS YOU'RE DOING NOW NEEDS A C3, YOU CAN'T EXPAND WHATEVER IT IS NOW. BUT NOTHING HAS CHANGED ABOUT WHAT THIS FACILITY DOES WELL EXCEPT THAT YOU'RE APPLYING FOR A PERMIT TO EXPAND. EVEN IF IT'S JUST A SHADE STRUCTURE, IT'S STILL CONSIDERED AN EXPANSION. OKAY, SO YOU WOULD YOU CARRY ON? I'M DONE IF THIS PASSES TODAY, I'M JUST SAYING MAN. YEAH COMMISSIONER. SO, SO, SO I THINK, YOU KNOW, TAKE TO HEART, I THINK WORKING WITH YOUR COUNCIL PERSON, THEY CAN, WITH THE STROKE OF A PEN, CHANGE THE ZONING ON THIS SO THAT IT IS COMPLIANT TO THE C3, WHICH IS WHY I ASKED THE QUESTION EARLIER. AND THEN YOU WOULDN'T BE HERE FOR THIS OR ANY OTHER DIAL ANY FUTURE DIALOGUE. YEAH. BECAUSE ALL THAT WOULD BE PERMITTED WITHIN YOUR C3 RIGHTS, BUT BECAUSE IT'S THE C TWO UM, CONDITIONAL, THAT'S WHY IT IS THAT YOU'RE HERE. AND SO I JUST WONDER WHY THEY DIDN'T RECOMMEND DOING C3 IN THE FIRST PLACE. WELL SOMETIMES THEY, THAT'S JUST, YOU'D BE SURPRISED AT WHAT HAPPENS OVER OH YEAH, I, ON OUR NON-CON I'M NOT SURPRISED ON OUR NON-CONFORMING LETTER, UH, WE DO SUGGEST TO GO TO C3, UH, WHEN WE SENT THE NONCONFORMING LETTER IN 2018 OR 2015, THE ONE WE JUST DID ABOUT A MONTH AGO. NO, NO. I'M TALKING ABOUT IN 2015 WHEN WE REZONED IT FROM FARM TO COMMERCIAL. THAT, THAT, YOU KNOW, WHATEVER HAPPENS TODAY, I WOULD HIGHLY RECOMMEND JUST VISITING YOUR, YOUR, AND JUST ASK YOUR COUNCIL REPRESENTATIVE TO SEE IF THEY CAN ASSIST YOU WITH GETTING THIS TO BSD THREE. 'CAUSE OBVIOUSLY YOU'RE, YOU'RE DOING SOMETHING GOOD FOR THE COMMUNITY. ABSOLUTELY. AND SO, YOU KNOW, THEY, THEY PROBABLY WOULD BE VERY HELPFUL TO YOU. RIGHT. OKAY. SO, UM, IS THERE ANYONE SEND TO SPEAK VOICEMAILS? THIS IS NO PUBLIC COMMENT. IS THERE ANYONE LIKE TO MAKE A MOTION? MANNE CAN COMMISSIONER MANNA? SO JUST POINT OF POINT OF, UH, CLARIFICATION. YES, MR. CHAIR. SO IF WE ARE IN CONCURRENCE IS CONCURRING WITH THE STAFF OR CONCURRING WITH, UH, GIVE US SOME DIRECTION? OH, SURE, SURE, SURE. SO THE WAY THE, THE WAY THE MOTION IS, IS READ, IT SAYS, UM, THEY'RE GRANT. SO IF YOU VOTE YES, YOU'RE CITING WITH THE APPLICANT. SO IF YOU AGREE, YOU'RE SITING WITH THE APPLICANT. RIGHT. SO REGARDING CASE NUMBER BO 8 2 4 1 0 3 0 0 2 5 0, MOVE THAT THE BOARD JUST GRANT THE APPEAL FOR THE PROPERTY SITUATED AT 1 0 2 9 0, UH, SOUTHTON ROAD, APPLICANT BEING LPA INC. BECAUSE THE INFORMATION PROVIDED BY THE APPLICANT SHOWS THAT CITY STAFF MADE AN ERROR IN THE NILE OF A NON-CONFORMING USE. END OF MOTION. ANYONE LIKE TO SECOND. SECOND BY COMMISSIONER STEVENS. ALL IN FAVOR SAY AYE. AYE. AYE. AYE. AYE. ANY OPPOSED? HEARING NONE. MOTION PASSES. THANK YOU VERY MUCH. SO YEAH, PLEASE, BUT YOU KNOW, WE'LL, WE'LL TAKE YOUR ADVICE AND VISIT A COUNCIL PERSON. THANK YOU. ALRIGHT, THANKS. WISH YOU LUCK IN YOUR ENDEAVOR AND THANK YOU VERY MUCH FOR YOUR SERVICE. I, I HAVE USED IT. UM, SO THANK YOU. THANK YOU. ALL RIGHT, WE ARE ON ITEM 15. MOVING ALONG. OKAY. OKAY. BO OA 24 1 0 3 0 0 2 5 3. [05:40:03] ADDRESS? 3 0 3 ROSA VERDE, UH, COUNCIL DISTRICT FIVE APPLICANT, PAMELA AND ZEN. I REQUEST A THREE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT TO ALLOW A SIX FOOT PRIVACY FENCE HEIGHT IN THE FRONT YARD. AND TWO, A ONE FOOT VARIANCE FROM THE MINIMUM 15 FOOT DRIVEWAY. CLEAR VISION TO ALLOW A 14 FOOT DRIVEWAY CLEAR VISION TEST, TEST TEST. I OKAY. YOU'RE GOOD NOW. OKAY. UM, AND DO WE STILL, AND EIGHT FOOT VARIANCE FROM THE MINIMUM 10 FEET FRONT SETBACK TO ALLOW OUR, I TRY NOW, UH, FOUR AND EIGHT FOOT VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A CARPORT WITH A TWO FOOT FRONT SETBACK. ZONING IS R FOUR. SUBJECT PROPERTY IS LOCATED ALONG ROSA VERDE, WEST OF IH 10, LOCATED WITHIN THE HISTORIC WEST SIDE RESIDENCE NEIGHBORHOOD ASSOCIATION. THE MIC, THE APPLICANT APPLIED, IT'S LIKE READY TO GIVE UP. IS IT ? DOES SHE KNOW THE APPLICANT APPLIED FOR A FENCE PERMIT WITH THE SPECIFICATIONS OF A FIVE FOOT TALL FRONT BREEZE BLOCK, UH, MASONRY FENCE IN AUGUST, 2024. THE APPLICATION STATES THAT FIVE FEET COMBINED OR PREDOMINANTLY OPEN FENCE IS PERMITTED IN THE FRONT YARD. ON SITE VISITS. THE APPLICANT STATED THEY HAD CONFUSION OVER THE DEFINITION OF COMBINED AND PREDOMINANTLY OPEN. THE CITY HAS IDENTIFIED IT AS A PRIVACY FENCE, NOT MEETING BOTH CRITERIA UPON SITE VISITS. THE FENCE WAS MEASURED AT FIVE FOOT FOUR INCHES AND THE FRONT GATE WAS MEASURED AT SIX FEET HIGHER THAN SPECIFIED ON THE APPLICATION. FURTHERMORE, STAFF IDENTIFIED THE CARPORT AND DRIVEWAY CLEAR VISION IN NEED OF VARIANCES AND ADDED IT AFTER CONSULTING WITH THE APPLICANT. CODE ENFORCEMENT ISSUED A NOTICE IN OCTOBER, 2024 TO COMPLY OR START A VARIANCE PROCESS AND JUST THE GENERAL LOCATION OF THE VARIANCES REQUESTED. THE BLUE IS WHERE THE GATE IS AND THEN THE ORANGE IS WHERE THE, THE FRONT YARD FENCE IS. AND THEN HERE'S THE SUBJECT PROPERTY AND THEN THIS SHOWS THE FENCE CONFIGURATION DEFINITION. JUST SO GET MORE INFORMATION ON HOW IT WAS, UH, LABELED UNDER A PRIVACY FENCE. AND THIS IS THE FENCE HEIGHT WE MEASURED AT THE, UH, HIGHEST POINT WITH THE MASONRY. AND THEN THIS IS THE GATE HEIGHT AND THE CLEAR VISION MEASUREMENT AND THEN THE CLEAR VISION. AND THEN THIS IS A LOOK AT THE CARPORT SIDE SETBACK AND THEN THE SURROUNDING AREA WITH IH 10 BEHIND THE PROPERTY SURROUNDING AREA. STAFF RECOMMENDATION FOR THE SIDE AND FRONT CARPORT SETBACK VARIANCES, STAFF RECOMMENDS DENIAL AND BOA 24 1 0 3 0 0 2 5 3 BASED ON THE FOLLOWING FINDINGS OF FACT THAT ONE INSUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE SAFETY. TWO, THE REQUESTED VARIANCES WILL ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. AND THEN THE STAFF RECOMMENDATION ON THE DRIVEWAY CLEAR VISION VARIANCE IS APPROVAL IN THE SAME BOA CASE BASED ON THE FOLLOWING FINDINGS OF FACT, THE FENCING GATE ARE LOCATED WELL WITHIN AN ESTABLISHED FENCING GATE LINE WITHIN THE NEIGHBORHOOD. AND SUFFICIENT SPACE REMAINS TO SAFELY BACK FROM AND ONTO THE LOCAL RESIDENTIAL ROAD. AND TO THE REQUESTED VARIANCES WILL NOT ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. AND THEN FOR THE FENCE HEIGHT, SPECIAL EXCEPTION STAFF RECOMMENDS DENIAL AND THE SAME BOA CASE BASED ON THE FOLLOWING FINDINGS OF FACT DEFENSE, SPECIAL EXCEPTION DOES NOT APPEAR TO CREATE ANY ADDITIONAL ENHANCED SECURITY AND PRIVACY. AND TWO, THE REQUESTED VARIANCES WILL ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. WE SENT, UH, 16 MAILED NOTICES. 16 IN FAVOR TO AN OPPOSITION. UH, AND THE REASON THERE'S MORE IS JUST BECAUSE ONE NOTICE WOULD BE SENT TO MULTIPLE PROPERTY OWNERS IF THEY OWN MULTIPLE PARCELS. UM, BUT WE SEE 16 LOTS, PROPERTY LOTS IN FAVOR, TWO IN OPPOSITION. AND THE HISTORIC WEST SIDE RESIDENCE NEIGHBORHOOD ASSOCIATION [05:45:01] IS IN FAVOR. AND THE SAN ANTONIO DISTRICT ONE, UH, WAS WITHIN THE NOTIFICATION BOUNDARY. THEY RESPONDED TO THE APPLICANT BUT DID NOT OUTRIGHT LABEL AN APPROVAL FOR ALL THE VARIANCES LISTED. AND THIS IS A PUBLIC COMMENT FROM THE NEIGHBORHOOD ASSOCIATIONS LISTING THE VARIANCES AND THEN THAT THERE APPROVAL. AND OVER THE NEXT, QUITE A FEW SLIDES, THERE'S GOING TO BE APPROVALS WITH THE TWO OPPOSED AT THE END. MANNA COMMISSIONER MANNA. SO LOOKING AT GOOGLE STREET ON THIS PICTURE HERE, IT LOOKS LIKE 80 TO 90% OF THE FRONT YARD IS PAVED. UM, AM I SEEING IT INCORRECTLY? MARCO? CHECK IT. I'M, I'M LOOKING AROUND IT. ADDITIONAL IN FAVOR. MORE IN FAVOR. AND THEN THIS WAS A PETITION THAT THEY CREATED, UM, THAT LISTED. IT COULD HAVE, UH, MORE ADDRESSES. THEY WENT AROUND IN THE NEIGHBORHOOD, UM, OUTSIDE 200 FEET AS WELL. UM, BUT THIS PETITION ONLY REFERENCED THE FENCE HEIGHT. UM, SO, UH, THIS WAS A LITTLE BIT EARLIER IN THE PROCESS WHEN WE LATER IDENTIFIED THE CARPORT, UM, ADDITION. BUT THEY DID GET A BUNCH OF SIGNATURES, UM, ALSO FOR THE FENCE HEIGHT. AND THEN THIS WOULD BE THE START OF THE OPPOSITION. THERE'S ONE OPPOSITION HERE. AND THEN THE NEXT SLIDE WILL BE THE LAST OPPOSITION AND WE SHOULD HAVE ONE OF THEM TO SPEAK. AND THAT CONCLUDES STAFF PRESENTATION. APPLICANT IS AVAILABLE. SO IS THERE A, IS THERE A PREVIOUS COVER ISSUE? MARCO'S CHECKING THAT AND WE'LL SEE IF IT FALLS UNDER ANYTHING. 'CAUSE IF YOU GO TO GOOGLE STREET VIEW, IT LOOKS LIKE THE CARPORT THAT WAS CONSTRUCTED, IT WAS DONE SO AT AN ANGLE AND THERE'S A, A PORTION OF THE DRIVEWAY, THE STRANG PORTION THAT'S, THAT'S KIND OF LIKE JUST THERE. ALL RIGHT, LET SO THE APPLICANT COME FORWARD. HELLO, STATE YOUR NAME. TELL US ABOUT YOUR PROJECT. GOOD EVENING. GOOD EVENING. BOARD OF ADJUSTMENT STAFF MEMBERS AND ALL. MY NAME IS PAMELA AND AL AMAZON. I COME TO YOU TODAY. TROUBLE DISTRAUGHT BOTH PHYSICALLY AND MENTALLY AND EFFECTIVELY DRAINED REGARDING ISSUES OVER MY HOME OF 38 YEARS. AT 3 0 3 ROSA VERDE, OUR OLD FENCE WAS NOT ADEQUATELY PROVIDING THE PROTECTION AND SECURITY NECESSARY FOR ME AND MY FAMILY, ESPECIALLY CONSIDERING THAT WE LIVE SO NEAR THE ACCESS ROAD. ON AUGUST 15TH, 2024, I CAME IN PERSON TO DEVELOPMENT SERVICES AND CONSULTED WITH SENIOR PLANNER MARK CHAVEZ AND AN INTERN JOEL VELA. WE SAT DOWN AND THOROUGHLY DISCUSSED AND DETAIL THE REMOVAL OF AN OLD CHAIN LEAK FENCE THAT WAS DILAPIDATED, REPLACING IT WITH CENTER BLOCK, CELL BLOCK, AND A METAL FRONT GATE ENTRY. THIS WAS EVERYONE'S UNDERSTANDING OF A COMBINATION. THE DISCUSSION WAS THOROUGH. I LEFT THE CONSULTATION AND WENT HOME TO REVIEW THE CONSTRUCTION PLAN AND OBTAINED THE FUNDING. ON AUGUST 22ND, I PROCEEDED BACK TO DEVELOPMENT SERVICE. MY PROJECT WAS REVIEWED AND APPROVED. I PROCEEDED TO PAY FOR MY PERMIT AND I BEGAN THE INSTALLATION. ON AUGUST, 2024, I NOTICED MR. BARB WITH CODE COMPLIANCE OUTSIDE REVIEWING MY FENCE AND CONSULTING OVER THE PHONE WITH HIS SUPERVISOR. HE SAID THERE WAS A COMPLAINT. I WAS ISSUED A NOTICE OF VIOLATION FOR THE SCOPE. SINCE THEN, I HAVE BEEN [05:50:01] BACK AND FORTH FROM DEVELOPMENT SERVICES, COUNTLESS EMAILS OF UNCERTAINTIES, PHONE CALLS, LACK OF COMMUNICATION, FRUSTRATION AND DISPUTES WITHIN THE DEPARTMENTS OF CODE COMPLIANCE, MYSELF AND DEVELOPMENT SERVICES. MEANWHILE, I HAVE EXCEEDED MY EFFORTS FUNDING, TRYING TO RESOLVE THE MATTERS WITH THE ISSUES OF MY FENCE. I MADE MODIFICATIONS TO MY GATE FROM AN EXAMPLE GIVEN TO ME BY ONE OF YOUR STAFF MEMBERS. TO MY UNDERSTANDING, I AM NOW IN VIOLATION OF VARIANCE. IT WAS STATED TO ME TO MEET THE COMPLIANCE OR RECEIVE A CITATION WHEN IN FACT, TWO WEEKS PRIOR, I HAD ALREADY APPLIED AND PAID FOR THIS HEARING WITH THE BOARD OF ADJUSTMENT, I EXCEEDED MY SAVINGS, MY AMBITION, AND MY EXPECTATIONS OF MEETING DEMANDS THAT WERE NOT CLEARLY DISCUSSED BEFOREHAND. THE ELEVATION OF MY PROPERTY IS UNEVEN. MY PERMIT WAS APPROVED FOR FIVE FEET. THE FENCE STARTS AT APPROXIMATELY FIVE FEET, THEN IT DROPS TO FOUR FEET. THE BOTTOM THREE FEET IS ALMOST SOLID. THERE ARE GAPS IN THE CENTER BLOCKS, GAPS WITHIN THE CELL SEAL BLOCKS AND THE OPENNESS OF THE FOUR FOOT AND NOT FIVE FOOT HEIGHT. LIGHT ALSO IN QUESTION IS MY METAL CARPORT THAT I PURCHASED, BUILT AND INSTALLED APPROXIMATELY 10 TO 15 YEARS AGO. IT HAS WITHSTOOD, VOLCANIC, ASH, WIND, RAIN, HAIL, AND SNOWSTORMS. NEVER ONCE HAS ANYONE TO INCLUDE NEIGHBORS CODE, COMPLIANCE, OR DEVELOPMENT SERVICES EVER COMPLAINED OR FOUND IT TO BE A PROBLEM OF ANY KIND. SINCE YOUR NOTIFICATIONS THERE IS NOW SOMETHING ELSE FOR THE 2, 2, 3 TROUBLESOME NEIGHBORS TO COMPLAIN ABOUT. DEFENSE IS CONSTRUCTED PROFESSIONALLY, AS IS ANY OF OUR HOME IMPROVEMENTS. THEY ARE APPEALING AS I HAVE RECEIVED MANY COMPLIMENTS EVEN FROM YOUR STAFF MEMBERS. I SUBMIT A SIGNED PETITION OF SUPPORT FROM ALMOST ALL OF MY NEIGHBORS WITHIN THE 200 FOOT RADIUS AND RESIDENTS FROM THE ADJACENT PROPERTIES. I SUBMIT PHOTOS DISPLAYING AREAS OF CONCERN. ALL ALSO INCLUDED OUR STRONG DETAILED LETTERS OF SUPPORT FROM IMMEDIATE NEIGHBORS, HISTORIC WEST SIDE RESIDENTS ASSOCIATION AND SURROUNDING BUSINESSES, AS WELL AS THE RESPONSE FORMS THAT WERE MAILED FROM THE 17. I DON'T KNOW, UH, THERE MUST BE A HI. WE CAN'T HEAR. WOULD YOU LIKE ME TO START OVER? ONE SECOND. ARE YOU ABLE TO HEAR ME? COMMISSIONER THE MICROPHONE? ARE YOU ABLE TO HEAR ME? COMMISSIONER, COMMISSIONER VID? WOULD YOU LIKE ME TO START OVER? CONTINUE ON, MA'AM. YEAH, YEAH, WE WE COULDN'T HEAR ANYTHING. WE COULD SEE YOU, BUT WE COULDN'T HEAR. OKAY. I'M GONNA BEGIN AGAIN FROM THE BEGINNING. I, I DO APOLOGIZE. THANK YOU. GOOD EVENING, BOARD OF ADJUSTMENT STAFF MEMBERS AND ALL. MY NAME IS PAMELA ANN ALMA, AMAZON. I COME TO YOU TODAY. TROUBLED, DISTRAUGHT, BOTH PHYSICALLY AND MENTALLY AND EFFECTIVELY DRAINED REGARDING ISSUES OVER MY HOME OF 38 YEARS. AT 3 0 3 ROSA VERDE, OUR OLD FENCE WAS NOT ADEQUATELY PROVIDING THE PROTECTION AND SECURITY NECESSARY FOR ME AND MY FAMILY SINCE THE HOME IS SO NEAR THE HIGHWAY AND THE ACCESS ROAD IN THE BACK. ON AUGUST 15TH, 2024, I CAME IN PERSON TO DEVELOPMENT SERVICES AND CONSULTED WITH SENIOR PLANNER MARK CHAVEZ AND AN INTERN JOEL VELA. WE SAT DOWN AND THOROUGHLY DISCUSSED IN DETAIL THE REMOVAL OF MY OLD CHAIN LINK FENCE, REPLACING IT WITH CENTER BLOCK, CELL BLOCK, AND A METAL FRONT GATE ENTRY. THIS WAS EVERYONE'S UNDERSTANDING OF A COMBINATION. [05:55:01] THE DISCUSSION WAS THOROUGH. I LEFT THE CONSULTATION AND WENT HOME TO REVIEW THE CONSTRUCTION PLAN AND OBTAINED THE FUNDING. ON AUGUST 22ND, I PROCEEDED BACK TO DEVELOPMENT SERVICES. MY PROJECT WAS REVIEWED AND APPROVED. I PROCEEDED TO PAY FOR THE PERMIT AND I BEGAN THE INSTALLATION. ON AUGUST, 2024, I NOTICED MR. BARR WITH CODE COMPLIANCE. OUTSIDE REVIEWING MY FENCE AND CONSULTING BY PHONE WITH HIS SUPERVISOR. HE SAID THERE WAS A COMPLAINT. I WAS ISSUED A NOTICE OF VIOLATION FOR THE SCOPE. SINCE THEN, I HAVE BEEN BACK AND FORTH FROM DEVELOPMENT SERVICES, COUNTLESS EMAILS OF UNCERTAINTIES, PHONE CALLS, LACK OF COMMUNICATION, FRUSTRATION AND DISPUTES WITHIN THE DEPARTMENTS OF CODE COMPLIANCE, MYSELF AND DEVELOPMENT SERVICES. MEANWHILE, I HAVE EXCEEDED MY EFFORTS AND FUNDING TRYING TO RESOLVE THE MATTERS WITH THE ISSUES OF MY FENCE. I MADE MODIFICATIONS TO MY GATE FROM AN EXAMPLE GIVEN TO ME BY ONE OF YOUR STAFF MEMBERS. TO MY UNDERSTANDING, I AM NOW IN VIOLATION OF A VARIANCE. IT WAS STATED TO ME TO MEET THE COMPLIANCE OR RECEIVE A CITATION, WHEN IN FACT, TWO WEEKS PRIOR I HAD ALREADY APPLIED AND PAID FOR THIS HEARING WITH THE BOARD OF ADJUSTMENT. I EXCEEDED MY SAVINGS, MY AMBITION, AND MY EXPECTATIONS OF MEETING DEMANDS THAT WERE NOT CLEARLY DISCUSSED BEFOREHAND. THE ELEVATION OF MY PROPERTY IS UNEVEN. MY PERMIT WAS APPROVED FOR FIVE FEET. THE FENCE STARTS AT APPROXIMATELY FIVE FEET, THEN DROPS TO FOUR FEET. THE BOTTOM THREE FEET IS ALMOST SOLID. THERE ARE GAPS IN THE CENTER BLOCKS, GAPS WITHIN THE CELL SEAL BLOCKS AND THE OPENNESS OF THE FOUR FOOT AND NOT FIVE FOOT HEIGHT. ALSO IN QUESTION NOW IS MY METAL CARPORT THAT I PURCHASED, BUILT AND INSTALLED APPROXIMATELY 15 YEARS AGO. IT HAS WITHSTOOD, VOLCANIC ASH, WIND, RAIN, HAIL, AND SNOW, SNOW SNOWSTORMS. NEVER ONCE HAS ANYONE TO INCLUDE MY NEIGHBORS CODE, COMPLIANCE, OR DEVELOPMENT SERVICES EVER COMPLAINED OR FOUND TO BE A PROBLEM OF ANY KIND. SINCE YOUR NOTIFICATION, THERE IS NOW SOMETHING ELSE FOR THE 2, 2, 3 TROUBLESOME NEIGHBORS TO COMPLAIN ABOUT THE FENCES CONSTRUCTED PROFESSIONALLY, AS IS ANY OF OUR HOME IMPROVEMENTS. THEY ARE APPEALING AS I HAVE RECEIVED MANY COMPLIMENTS EVEN FROM YOUR STAFF MEMBERS. I SUBMIT A SIGNED PETITION OF SUPPORT FROM ALMOST ALL OF MY NEIGHBORS WITHIN THE 200 FOOT RADIUS AND RESIDENCE FROM THE ADJACENT PROPERTIES. I SUBMIT PHOTOS DISPLAYING AREAS OF CONCERN. ALSO INCLUDED OUR STRONG DETAILED LETTERS OF SUPPORT FROM IMMEDIATE NEIGHBORS, THE HISTORIC WEST SIDE RESIDENTS ASSOCIATION AND SURROUNDING BUSINESSES, AS WELL AS THE RESPONSE FORMS THAT WERE MAILED FROM THE 17 TO INCLUDE ME 18 IN TOTAL. ALL IN FAVOR WITH THE EXCEPTION OF THE 2, 2, 3, AND THE RADIUS, WHOM ARE PROBABLY THE COMPLAINANTS. ALL OUR COMMUNITY HERE ON ROSA VERDE ARE CORDIAL AND CAN ATTEST TO THE EXCEPTION OF THE TWO TO THREE, WHO TEND TO FAT SHAME, HANDICAP SHAME, AND CRITIQUE OUR NEIGHBORING RELIGIOUS BELIEFS. THE 2, 2 3 ARE AVOIDED BY OUR IMMEDIATE NEIGHBORS DUE TO THEIR REBELLIOUS AND TROUBLESOME CONDUCT. WE HAVE EVEN ACQUIRED THE ASSISTANCE OF THE BEXAR COUNTY DISPUTE AND RESOLUTIONS OFFICE TO NO AVAIL BECAUSE THE TROUBLESOME NEIGHBOR REFUSED TO ATTEND. WE HAVE, ON MANY OCCASIONS HAD TO INVOLVE OUR LOCAL SAFE OFFICERS TO INCLUDE OFFICER JAMES SHIRLEY, WHO IS NOW RETIRED. OFFICER DAVID MCCALL, OFFICER ROBERT HENDERSON, AND MOST RECENTLY OFFICER JESSE ARMANDAREZ. IN CLOSING, THIS HAS, THIS EXPERIENCE HAS BECOME PHYSICALLY [06:00:01] FATIGUING AND MENTALLY DRAINING TO ME AND TO OUR FAMILY, AND TO OUR COMMUNITY, THE RESIDENTS OF THIS EXPERIENCE. FOR THE RESULTS OF THIS EXPERIENCE FOR US AND FOR MOST OF ALL OUR NEIGHBORS IS CAUSING RESISTANCE AND LESS AMBITION TO MAKE IMPROVEMENTS TO OUR HOMES. TO BETTER OUR COMMUNITY. I HUMBLY BEG AND IMPLORE YOU TO APPROVE OUR, OUR IMPROVEMENTS, OUR VARIANCE, OUR HEIGHT, OUR CARPORT, OR WHATEVER EXCEPTIONS ARE NECESSARY TO ABSOLVE THIS SITUATION AND ALLOW RESTITUTION TO MOVE FORWARD AMICABLY AS IT HAS BECOME EXTREMELY OVERBEARING EVEN TO OUR V COMMUNITY RESIDENCE. THANK YOU. UH, QUICK QUESTION. WELL, YOU HAD MENTIONED THE 2, 2, 3. WHAT, WHAT IS THAT? DOESN'T THAT ADDRESS OR SOMETHING? TWO OR THREE? OH, TWO OR THREE. THERE ARE TWO OR THREE WITH THE EXCEPTION OF EVERYONE IN OUR COMMUNITY THAT IS CORDIAL. NOW ON THE PICTURES, IT, I, I SEE THE, THE, UH, THE, THAT BLOCK WALL ALONG THE FRONT. WHAT DO THE SIDES LOOK LIKE? ARE THEY DONE IN A SIMILAR MANNER OR IS IT A DIFFERENT, THE SIDES MEANING THE PILLARS, THE SIDES ARE THE SAME. YEAH. NO, NO, THE SIDES, UH, THEY HAVE THE, THE SOLID, IT'S ACTUALLY SOLID. AND THEN THE GAPS START AT ABOUT, I'M GONNA SAY IT'S TWO AND A HALF. I HAVE A PHOTO HERE OF WHERE THE GAP STARTS. OKAY. BUT IT IS ALL THE WAY TO THE BACK. THE SAME, YOU DO THE ANGLE. SOMETIMES IT'S, I CAN'T SEE WHAT'S GOING ON ON THE SIDE, SO I WAS JUST WONDER, I HAVE A SURVEILLANCE OF MY HOME THAT I CAN SHOW YOU ON SURVEILLANCE THE SIDE. OH, I MEAN, I, I, I, OKAY. AS LONG AS YOU'RE TELLING ME THAT'S WHAT IT IS, I'M FINE WITH ME. YES. UH, IS THERE ANY, UH, QUESTIONS FROM THE COMMISSION? JUST TO, UH, CLARIFY THE QUESTION EARLIER? THERE DOES NOT, THERE DOES NOT SEEM TO BE, UH, IMPERVIOUS COVER, UM, AS THERE WAS PREVIOUS, UM, MATERIAL THERE BEHIND THE FENCE, I BELIEVE THAT WE OBSERVED. SO IF THIS FRONT SETBACK IS APPROVED, THE FRONT OF THAT WOULD BE WHERE THE IMPERVIOUS COVER MEASURED, SO, OKAY. ALRIGHT. AND I HAVE A QUESTION. EXCUSE ME. SO WELL, HOLD ON A SECOND. LEMME SEE. OH, OKAY. WE, WE'LL GIVE, WE WILL GET BACK TO YOU IN A SECOND. IS THERE ANY QUESTIONS FROM THE COMMISSION? ALRIGHT. UH, WHAT WOULD YOU LIKE TO ASK? I DIDN'T UNDERSTAND MR. MERKEL'S QUESTION. SO, SO WHAT HAPPENS IS, WHEN YOU HAVE A RESIDENTIAL HOME, THERE'S, THERE'S IMPERVIOUS COVER LIMITS ON THE FRONT OF YOUR HOUSE. MM-HMM . AND SO SOME OF THE PICTURES THAT WE'RE SEEING, THERE'S SUCH AN ENORMOUS AMOUNT OF, OF, UH, CONCRETE SURFACE. WE ARE WONDERING IF THAT NEEDED TO BE INCLUDED WITH YOUR VARIANCE REQUEST. THAT'S REALLY THE CRUX OF THE QUESTION. THANK YOU. SO HE HAD, HE HAD, UH, JUST DECIDED, UH, AFTER LOOKING AT IT THAT IT WAS NOT NEEDED. SO THANK YOU. THAT'S ALL. ALRIGHT, SO WHAT WE'RE GONNA DO IS, IS THERE ANYONE TIME TO SPEAK OR VOICEMAILS? THREE? WE HAVE THREE. SO WE'RE GONNA LISTEN TO THREE PEOPLE WHO'VE SIGNED TO SPEAK. YES, SIR. AND THEN WE'LL GIVE YOU AN OPPORTUNITY TO COME BACK, UH, FOR A REBUTTAL. WHO'S FIRST? UM, SO, UH, DIANE GONZALEZ, COME ON UP. COME UP. PLEASE, PLEASE STATE YOUR NAME AND TELL US WHAT YOUR THOUGHTS ARE. THANK YOU. DIANA GONZALEZ. I LIVE AT 3 0 6 ROSA VERDE. YOU MIGHT HAVE TO MOVE THE MIC DOWN JUST A LITTLE BIT. YOU'RE GOOD. THERE YOU GO. THANK YOU. YEAH, I'M SORRY. DIANA GONZALEZ AT 3 0 6 ROSA VERDE. OKAY. UM, I WAS, UH, ONE OF TWO OF THE FIRST RESIDENTS THAT MOVED INTO THAT CUL-DE-SAC. I'M THIS ORIGINAL OWNER, OBVIOUSLY, AND I'M HERE BECAUSE, UM, I'M NOT HAPPY WITH THAT WALL. IT'S NOT A FENCE, IT'S A WALL. UM, AND YES, SHE'S HAD ALL THESE THINGS WITH NOBODY COMPLAINING. I'VE ALWAYS ASSUMED THAT PERMITS HAD BEEN OBTAINED FOR ALL THE, UH, ADJUSTMENTS SHE'S MADE TO THE HOUSE. THAT HOUSE IS ON, UM, WAS ORIGINALLY A TWO BEDROOM, ONE BATH. CURRENTLY IT'S A FOUR, MAYBE FIVE BEDROOM, TWO BATH, UH, ON THE SAME FOOTPRINT. I DON'T KNOW HOW MANY OF THOSE PERMITS WERE PULLED, YOU KNOW, IT WAS IN FIRST THE ENCLOSED GARAGE. AND, UH, THEN IT WENT UP TO A SECOND STORY. AND, UM, EVERYTHING WAS FINE. I ASSUMED PERMITS WERE PULLED. I DIDN'T CHECK INTO IT. UH, THIS BECAME AN ISSUE WHEN I RECEIVED MY NOTICE FROM YOU GUYS. UM, BECAUSE IT'S AFFECTING MY PROPERTY. I THINK IT AFFECTS MY, THE VALUE OF MY PROPERTY, UH, BECAUSE AGAIN, IT'S [06:05:01] NOT ATTRACTIVE. UM, AND IT IS NOT A SEE-THROUGH WALL. HOW DIFFICULT WAS THAT TO READ, UH, IN ALL THESE MEETINGS THAT SHE HAD WITH EVERYONE THAT SHE DIDN'T READ? THE PART THAT SAYS YOU MAY HAVE A FIVE FOOT, BUT IT HAS TO BE SEE-THROUGH, UM, THE, THERE'S A CORNER HOUSE THAT HAS A, UM, UM, I FORGET WHAT YOU CALL THAT KIND OF WALL, IS, UH, ROD IRON, RIGHT? IRON WR IRON. YES. THANK YOU. WR IRON. VERY ATTRACTIVE. AND I THOUGHT THAT THAT'S SOMETHING THEY, THEY WOULD'VE LOOKED AT. UH, THEY USED TO HAVE THE CHAIN LINK FENCE. IT WAS FIVE FOOT. UM, THERE'S ONE OTHER HOUSE THAT HAS A THREE FOOT FENCE THAT'S A REAL CUTE, UH, PICKET FENCE. AND THEN, LIKE I SAY, THE WROUGHT IRON, UH, THE OTHER THREE HOMES HAVE THE CHAIN LINK. I DON'T HAVE A FENCE MYSELF. UM, AND SO GRANTING THIS WALL, UH, AND I DON'T HAVE A PROBLEM WITH THE WALL IN BACK BECAUSE YES, WE HAVE THE EXPRESSWAY BACK THERE, UH, NOT TO MENTION THE HOMELESS. UM, SO I DON'T HAVE A PROBLEM WITH THE REAR. IT'S JUST THE FRONT THAT I THINK IS, UM, WHAT'S AFFECTING ME. OKAY. AND, UM, I AND MY, AT MY THREE MINUTES YEAH, YOU ARE. UH, BUT WE'LL SEE IF THERE'S ANY QUESTIONS FOR YOU, MAAM. COMMISSIONER. COMMISSIONER, MAN. SO ONE QUESTION I'D LIKE I I'D ASK YOU IS CURRENTLY IT HAS THE, UM, IT LOOKS LIKE THREE TIERS OF THE, THE BRICK FOUNDATION. AND THEN IT GOES FOR, I GUESS, SOME STAGGERED BRICKS THAT PROVIDE SOME LIGHT AND THEN HAS THE STOP THE, THE TOP WITH THE, UM, FLOWER PATTERN OR WHATEVER YOU WANNA CALL THAT. SO DO YOU THINK THAT IF, UH, THAT STAR PATTERN WAS ON THE, IS WAS REPLACED, THE SECTION BELOW THAT, WOULD THAT BE ENOUGH LIGHT FROM YOUR PERSPECTIVE? IN OTHER WORDS, IF THE, IF THE WALL REMAINED, BUT BASICALLY BROUGHT IT DOWN SO THAT, UM, THAT'S THAT MIDDLE TIER, THERE WAS THE STAR PATTERN, WOULD THAT BE BETTER FROM YOUR PERSPECTIVE? OR, I'M SORRY, YOU'RE ASKING ME? YES, I AM. UM, UH, I HAVE NOT BEEN THAT CLOSE TO THE WALL TO SEE THE DESIGN YOU REFER TO. UM, I JUST, I WOULD BE FINE WITH THE THREE FOOT, EVEN IF IT WERE COLUMNS IN BETWEEN. I'VE SEEN THAT KIND OF, UH, WALL. UM, I DON'T KNOW WHAT THEY'RE TRYING TO DO BACK THERE. I MEAN, WHAT, AS FAR AS PRIVACY, UH, YOU STILL GET, UH, HER COMING OUT AND DOING MOST OF HER STUFF OUT IN THE CUL-DE-SAC. UH, IF SHE WANTS TO PLAY HER MUSIC, UH, WHICH IS FINE, BUT SHE HAS IT ON SO LOUD YOU CAN STILL HEAR IT WITH, WITH THAT WALL. SO THAT'S NOT THE REASON FOR WANTING IT. UM, AND, AND IT'S, IT'S NOT A PRIVACY WALL. UH, IT'S NOT SEE-THROUGH, UH, IF, IF THERE WERE MAYBE EVERY OTHER CINDER BLOCK, MAYBE YOU CAN SAY THAT'S, UH, SEE-THROUGH, BUT I, REMOVING THE DECORATIONS, I, I DON'T THINK THAT WOULD, WOULD HELP ME ANY. AND I DON'T KNOW IF PEOPLE ARE GONNA WANNA START FOLLOWING SUIT AND, AND DO SOMETHING LIKE THAT. 'CAUSE IT'S THE CARPORT AGAIN, HAD I KNOWN SHE DIDN'T HAVE, OBVIOUSLY SHE WOULD'VE KNOWN THAT IT WAS NOT IN, IN COMPLIANCE WITH THE SETBACKS. IF THEY HAD APPLIED FOR A, A PERMIT AND LIKE I SAY, THERE'S A SHED IN THE BACKYARD, DID THEY GET A PERMIT FOR THAT? I'VE NEVER QUESTIONED IT. I DON'T KNOW. BUT YOU KNOW, WHEN I DON'T THINK A VARIANCE SHOULD BE KING'S EX. I BUILT THE FENCE THE WAY I WANTED IT, NOT WHAT I GOT PERMISSION FOR. OKAY. THANK YOU. OKAY. OKAY, STEPH, UH, WHEN THE APPLICANT, UH, IN QUESTION, UM, AND IS THERE ANY OTHER QUESTIONS FOR THE SPEAKER? NO. OKAY. SO IF YOU CAN TAKE A, THANK YOU. I JUST WANTED TO ASK, UH, WHEN THEY APPLIED, WHEN SHE APPLIED FOR THE FENCE PERMIT, UH, DID SHE PROVIDE A SKETCH OR ANYTHING ABOUT WHAT SHE WAS GONNA BUILD? YES. OH, I'LL PULL IT UP. SO YOU'LL SEE SOMETIMES FENCE PERMITS AREN'T, AREN'T THAT DETAILED. SO I, I WAS JUST CURIOUS TO SEE WHAT, WHAT IT WAS. UH, JUST A FIVE FOOT, UM, PREDOMINANTLY OPEN FENCE, UM, STATED. OKAY. SO SHE DIDN'T HAVE TO PROVIDE A SKETCH OR NOTHING, CORRECT. YEAH. AS LONG AS SHE REMAINED WITH THAT STANDARD, THAT'S WHAT WE DID. OKAY. THERE'S, UH, TWO MORE SPEAKERS. [06:10:01] I UNDERSTAND. LAIA SANCHEZ. ALL RIGHT. UH, PLEASE STATE YOUR NAME, TELL US YOUR THOUGHTS. HI, I'M LETICIA SANCHEZ AND I'M THE CO-CHAIR PERSON OF THE HISTORIC WEST SIDE RESIDENCE ASSOCIATION. AND, UM, OUR ASSOCIATION SUPPORTS THE APPLICANT'S REQUEST FOR THE PROPERTY AT 3 0 3, UH, . AND ALTHOUGH OUR ASSOCIATION TYPICALLY SUBMITS, SUBMITS A RESPONSE VIA EMAIL TO THE CASE MANAGER, WE FELT THAT THE NEED TO SPEAK BEFORE YOU TODAY REGARDING THE APPLICANT'S REQUEST BECAUSE OF OUR CONCERN WITH SECURITY AND SAFETY OF OUR RESIDENTS. UM, ACTUALLY THE LAST TIME THAT I SPOKE BEFORE, BOA, UM, IN SUPPORT OF ONE OF OUR RESIDENTS REQUEST FOR VI VARIANCE WAS FOR A SIMILAR SITUATION, UM, WHERE, UH, A LOT OF TRANSIENTS WERE GETTING INTO AND STEALING MATERIALS FROM THEIR PROPERTY. IN THIS CASE, THE BACKYARD OF 3 0 3, UH, ROSA VERDE PROPERTY FACES THE ACCESS ROAD TO I 35. AND UNFORTUNATELY THIS AR AREA SEEN A LARGE INCREASE OF TRANSIENT INDIVIDUALS LOITERING, SLEEPING AND WALKING ONTO PRIVATE PROPERTIES. UH, THE APPLICANT, AS WELL AS OTHER RESIDENTS THAT I DID GET TO, UH, WHO LIVE IN THAT IMMEDIATE AREA, UM, HAVE, UM, MADE CALLS TO SAPD TO REPORT PEOPLE JUMPING INTO THEIR PROPERTIES. UM, THE APPLICANT DID GO THROUGH THE PROPER CHANNELS OF APPLYING FOR PERMIT FOR THE FENCE AND THE DRIVEWAY, BUT, UM, I THINK SHE ALSO RECEIVED SOME CONFLICTING INFORMATION. UH, FOR THOSE OF US WHO ARE RESIDENTS, , WE SOMETIMES GET ONE ANSWER FROM ONE STAFF MEMBER AND ANOTHER ANSWER FROM ANOTHER STAFF MEMBER. SO, UH, THE PREVIOUS CASES KIND OF ALSO PROVIDED A, AN EXAMPLE OF THAT. UM, I THINK THEY'VE MADE EVERY EFFORT TO REMEDY THE ISSUES THAT DSD HAS BROUGHT TO THEIR ATTENTION, BUT, AND THEY'VE ALSO INVESTED A LOT OF MONEY ON THE WORK THAT WAS COMPLETED. SO OUR ASSOCIATION BELIEVES THAT THE VARIANCES REQUESTED ARE JUSTIFIED TO ENSURE THE SAFETY OF THEIR PROPERTY. AND WE ASK THAT YOU VOTE TO APPROVE THEIR REQUESTED VARIANCES FOR THE PROPERTY, UM, AT 3 0 3. ROSA VERTE. THANK YOU. ALRIGHT, THANK YOU. . ANTHONY, YOU SAY THE NAME ANTHONY GON NAME LES? YES. UH, ANTHONY GONZALEZ, I BELIEVE IS THE NEXT SPEAKER. ANTHONY GONZALEZ. OKAY. IF YOU COULD PLEASE STATE YOUR NAME, STATE YOUR NAME, AND TELL US YOUR THOUGHTS. UH, MY NAME'S ANTHONY GONZALEZ, AND I'M A NEIGHBOR TO, UM, I MEANT MY FRIENDS HERE. UH, I LIVE AT THREE 11 ROSA VERRE. THE, UH, THE FENCE IS NICE. I I I LOVE THAT FENCE, YOU KNOW? UM, AND BASICALLY FOR, FOR, YOU KNOW, THEIR SAFETY, YOU KNOW, THEIR PROTECTION, THAT'S WHAT, YOU KNOW, BEING BEHIND, UH, THE ACCESS ROAD. THERE'S A, WE HAVE THE SANCHEZ BAR BACK THERE, SO SOMETIMES WE GET A LOT OF DRUNKS GOING THROUGH THERE. AND I KNOW THEY'VE HAD PEOPLE JUMP THEIR FENCE AND STUFF, YOU KNOW, SO, UH, AND IN THE FRONT, YOU KNOW, IF YOU WALK UP TO THE FENCE AND IF LIKE THEY, THE OTHER NEIGHBOR WAS SAYING THAT SHE CAN'T SEE IN, WELL, SHE CAN WALK UP TO IT AND, AND IT'S JUST RIGHT THERE. YOU CAN, YOU CAN LOOK IN THERE IF YOU WANT TO LOOK, YOU KNOW, UH, AND HER MUSIC, LIKE SHE SAID THAT IT'S LOUD. I JUST, I LIVE, UH, WELL, IT'S HER HOUSE, THEN ANOTHER HOUSE AND IN MY HOUSE. SO WE BARELY HEAR THE MUSIC, YOU KNOW, AND, AND THE OTHER NEIGHBOR ON MY SIDE, WELL, SHE'S ONE OF THE OPPOSED ONES TOO, SO, YOU KNOW, THAT THAT'S, I DON'T KNOW WHAT IT IS WITH THEM, BUT, YOU KNOW, UH, PAM IS ALWAYS HELPING THE COMMUNITY THERE, YOU KNOW, SHE, YOU KNOW, DOES A LOT OF STUFF FOR US. SO, SO, YOU KNOW, I'M IN FAVOR FOR IT, YOU KNOW. ALRIGHT, THANK YOU VERY MUCH. ALRIGHT, SO A QUESTION FOR STAFF. I NOTICED ON THE, ON THE, UH, ATTACHMENTS TO THIS, THERE'S A NUMBER OF PROPERTIES IN THE AREA THAT ARE, THAT ARE HISTORIC, BUT THEY SEEM TO BOUNCE AROUND. IS THIS PROPERTY IN QUESTION? IS THIS GOT AN H DESIGNATION OR AN HE, HE OR HS ON IT? NO, IT'S NOT, THERE'S NOT NOTHING ON THIS METHOD'S, NO HISTORICAL OVERLAY. YEAH. I'M LOOKING AT, ON THE ATTACHMENTS, LIKE IF YOU DOWNLOAD IT FROM THE, THE ONLINE AGENDA, THERE'S H'S. LIKE HER NEIGHBOR, THE NEIGHBOR, THE TWO OR THREE OR FOUR, THERE'S A LOT OF, UH, HS SIGNIFICANT. UM, AND, UM, H HE, BUT THERE'S NO HISTORIC, HISTORIC OVERLAY. OKAY. I JUST WANTED TO MAKE SURE. 'CAUSE I, THERE'S JUST INDIVIDUAL PROPERTIES THAT ARE HISTORIC SIGNIFICANT. [06:15:01] OKAY. THE METHOD IS CHARGED HISTORIC. ALRIGHT, WELL, UM, LET'S SEE. IS THERE ANY COMMISSIONER QUESTIONS? HEARING NONE? UM, I'LL GIVE YOU A CHANCE TO REBUT. YOU HEARD, UM, YOU KNOW, SOME, SOME OF YOUR CITIZENS SPEAK AND HAVE SOME CLOSING REMARKS FOR US. YES, I DO. ON A PERSONAL NOTE, MRS. DIANA GONZALEZ DID NOT MENTION WE'RE FAMILY AND THERE IS PERSONAL ISSUES BETWEEN US. OKAY. I WILL ALSO MENTION THAT I DID COLLABORATE POLICE REPORTS WITH PHOTOS THAT I SUBMIT TO MY CASE MANAGER, THAT I WOULD ACTUALLY LIKE FOR YOU TO SEE THAT IT'S NOT JUST THE BACKYARD THAT THEY ATTEMPT TO COME IN AND, UM, THEY'VE ACTUALLY DONE IT IN THE FRONT YARD TOO. OKAY? AND WE HAVE ASSISTED THE NEIGHBORS AS WELL WHEN THEY HAVE BEEN IN THEIR PROPERTIES TOO, AS WELL AS, AS WELL AS MS. GONZALEZ. OKAY, WELL IF THERE'S, UM, OKAY, THERE'S A POLICE REPORT, THERE'S, THERE'S A FEW POLICE REPORTS THAT COLLABORATE, ESPECIALLY IF YOU NOTE ON ONE OF THE PICTURES, SOMEONE ACTUALLY HIT MY CHAIN LINK FENCE, THERE'S A POLICE REPORT AS WELL TO COLLABORATE THAT PICTURE. I DIDN'T EVEN BOTHER GOING THROUGH THE PROCESS OF REPORTING IT TO MY HOMEOWNER'S INSURANCE BECAUSE OF THE DEDUCTIBLE. OKAY? THE INDIVIDUAL THAT STRUCK MY FENCE DID NOT HAVE ANY INSURANCE. SHE PRESENTED TO AUTO INSURANCES THAT WERE NOT VALID, NONE OF THEM. SO THIS TIME IF SOMEBODY DOES DECIDE TO HIT MY FENCE, IT'S GONNA BE WORTH REPORTING AND REPLACING. ALRIGHT? IT'S NOT GONNA BE A DILAPIDATED FENCE. ALRIGHT, SO IF THERE'S, UH, THANK YOU VERY MUCH. IF THERE'S ANY OTHER QUESTIONS, I'M READY TO LOOK. UH, ENTERTAIN A MOTION. COMMISSIONER MANANA MANANA REGARDING CASE NUMBER BO 8 2 4 1 0 3 0 0 2 5 3. I'D MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE REQUEST FOR ONE A ONE FOOT VARIANCE FROM THE MINIMUM 15 FOOT DRIVEWAY CLEAR VISION TO ALLOW A 14 FOOT DRIVEWAY CLEAR VISION. TWO, A FOUR FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW CARPORT TO BE ONE INCH, OR I'M SORRY, ONE FOOT WITH A, WITH A ONE FOOT SIDE SETBACK AND THREE AND EIGHT FOOT VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A CARPORT TO BE TWO FEET FRONT SETBACK, SITUATED AT 3 0 3 RESERVOIR, THE APPLICANT BEING PAMELA AND AL AMAZON BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOW THAT THE PHYSICAL CHARACTERS PROPERTY SUCH THAT THE LITERAL ENFORCEMENT OF PROVISIONS OF THE UDC AS AMEN WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THE REQUESTED VARIANCES ARE NOT CONTRARY TO THE PUBLIC INTEREST, AS SUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE SAFETY CONCERNS. AND THE FENCING IS AT AN ESTABLISHED LINE WITHIN THE NEIGHBORHOOD. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE SETBACK AND CLEAR VISION ORDINANCES WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD NOT BE ABLE TO MAINTAIN AN ADEQUATE CARPORT ON THE LOT, AND THE APPLICANT WOULD NEED TO RELOCATE THE FENCE AND GATE WELL WITHIN THE PROPERTY OUTSIDE THE NORM OF THE, UH, FOR THE NEIGHBORHOOD. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED VARIANCES APPEAR TO BE IN THE SPIRIT OF THE ORDINANCE AS SUFFICIENT SPACE WILL REMAIN FOR THE PURPOSE PURPOSES OF WATER RUNOFF AND FOR FIRE SAFETY CONCERNS. FURTHERMORE, CARPORTS AND FENCE LINES WERE OBSERVED TO BE WITHIN SETBACKS AND CLEAR VISION STANDARDS IN THE IMMEDIATE AREA AND NEIGHBORHOOD. FOUR, THE VARIANCE WILL NOT AUTHORIZED THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCES IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITHIN HIS VARIANCE. FIVE SUCH VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED. STAFF FINDS THAT THE VARIANCES WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES, UH, AS THEIR CARPORTS WERE SEEN, AS OTHER CARPORTS WERE SEEN IN THE AREA TO BE WITHIN SETBACKS AND FENCE. AND GATES ARE LOCATED AT AN ESTABLISHED LINE WITHIN THE NEIGHBORHOOD. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT DUE TO THE RESULT OF GENERAL CONDITIONS. AND DISTRICT, WHICH IS PROPERTY IS LOCATED. STAFF FINDS UNIQUE CIRCUMSTANCES EXISTING ON THIS PROPERTY IS THE SIZE AND DIMENSIONS OF THE LOT AND THE ESTABLISHED FENCING GATE LINE IN THE NEIGHBORHOOD AND THE MOTION. I'LL SECOND THAT. UH, COMMISSIONER MANNA. SO, SO I APPRECIATE THAT THE NEIGHBORHOOD ASSOCIATION CAME OUT BECAUSE, YOU KNOW, I, UM, AS I'M TRYING TO BE VERY CONSISTENT WHEN IT IS THAT THE NEIGHBORHOODS DO COME OUT TO SPEAK ON BEHALF OF, UH, PEOPLE WITHIN THEIR COMMUNITIES, I TRY TO FOLLOW THEM. AND SO, UM, ALSO I THINK, UM, WITH [06:20:01] REGARDS TO THE DIALOGUE WITH THE CITY, YOU KNOW, THEY WEREN'T, UH, NECESSARILY OBJECTING TO THE CLEAR VISION DIALOGUE. UM, AND SO, UM, AND THEN ALSO, YOU KNOW, HAVING NEIGHBORS HERE TO SPEAK ALSO, UM, YOU KNOW, ALTHOUGH THERE WERE SOME OBJECTIONS, I THINK OVERALL IT DOES APPEAR THAT, UH, THE COMMUNITY IS OKAY WITH THIS. AND SO I'LL BE VOTING IN FAVOR. YEAH. UM, I AGREE. I'LL ALSO BE VOTING IN FAVOR, UH, MOSTLY BECAUSE, UH, THERE'S NOT AS MANY PEOPLE IT AFFECTS AS, AS IT'S AT THE END OF A CUL-DE-SAC WITH THE HIGHWAY BEHIND IT. UH, SO I'M, I'LL BE IN SUPPORT. IS THERE ANY OTHER COMMISSIONS LIKE TO ADD HEARING NONE UNLESS HAVE A ROLL CALL VOTE. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. CHAIR ORIAN? YES. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER BENAVIDEZ? YES, I CONCUR. COMMISSIONER UNA? YES, I CONCUR. COMMISSIONER BONNI? YES, I CONCUR. COMMISSIONER VASQUEZ CONCUR. ALL RIGHT. MOTION PASSES. 10 TO ZERO. CONGRATULATIONS. YOU HAVE ANY MANNA COMMISSIONER MANNA 4 1 0 3 0 0 2 5 3. WE HAVE THE BOARD ADJUSTMENT GRANT, THE REQUEST FOR A THREE FOOT SPECIAL EXCEPTION FOR THE MAXIMUM THREE FOOT FENCE HEIGHT TO ALLOW A SIX FOOT PRIVACY FENCE HEIGHT IN THE FRONT YARD, UH, SITUATED AT 3 0 3 VERDE, APPLICANT B AND PAMELA AND AMAZON BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACT TO THIS PROPERTY IS SUCH A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. STAFF FINDS REQUEST TO BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE AS THE FRONT YARD PRIVACY FENCE IS BEHIND ESTABLISHED FENCE AND GATE LINE IN THE COMMUNITY AND WILL PROVIDE ADDITIONAL SECURITY AND SAFETY FOR THE AREA. B. THE, UH, PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED. THE PROPOSED FENCE APPEARS TO SERVE THE PUBLIC WELFARE AND CONVENIENCE AS THE ADDITIONAL FENCE HEIGHT PROVIDES PRIVACY AND ADDITIONAL SECURITY TO THE SUBJECT PROPERTY AND ABUTTING PROPERTIES. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE FENCE SPECIAL EXCEPTION APPEARS TO CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT AND ADJACENT PROPERTIES WILL BE WITHIN THREE FEET OF THE UNIFIED DEVELOPMENT CODE FENCE GUIDELINES. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION, WHICH IS PROPERTY FOR WHICH IS SPECIAL EXCEPTION SOUGHT. THE ADDITIONAL FENCE HEIGHT DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION FOR WHICH THE SPECIAL EXCEPTION SOUGHT. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT AS IS LIMITED TO SIX FOOT IN LENGTH, UM, OR IN HEIGHT. AND WILL PROVIDE PRIVACY. WE'LL PROVIDE PRIVACY FOR THE SUBJECT PROPERTY AND OF MOTION. I'LL SECOND AGAIN, UH, COMMISSIONER MANNA. SO, YOU KNOW, I DO LIKE TO SEE, UM, YOU KNOW, MORE OPEN FENCING WHEN WE DO TALK ABOUT OPEN FENCING. BUT YOU KNOW, THERE IS, UH, I WILL SAY, UH, YOU KNOW, THERE IS AT OR FROM MY PERSPECTIVE, UH, ADEQUATE LIGHT COMING IN FROM THE WAY THAT THE, UH, I GUESS THE TYPE OF CONCRETE THAT WAS USED. AND SO BECAUSE OF THAT, I'LL BE APPROVING THE MOTION IS READ. I WILL, I WILL AS WELL. UM, IS THERE ANY OTHER COMMISSIONS YOU'D LIKE TO ADD? HEARING NONE UNLESS HAVE ROLL CALL, VOTE PLEASE. COMMISSIONER MONA. I CONCUR WITH THE FINDINGS OF FACT. CHAIR ORIAN? YES. COMMISSIONER BARRINGTON? NO, I DO NOT. CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER BENAVIDEZ? I CONCUR. COMMISSIONER OZUNA? YES. I COMMISSIONER EZ? YES. SECOND KER COMMISSIONER VASQUEZ. I CONCUR. ALL RIGHT. THAT MOTION PASSES NINE TO ONE. UH, SORRY TO DO THAT TO YOU BEFORE, BUT WE BE, WHEN YOU'RE DEALING WITH DEFENSE HEIGHT, THERE'S, THEY'RE READ AS SOMETHING DIFFERENT THAN A VARIANCE. SO WE HAD TO DO TWO MOTIONS, BUT THEY BOTH PASS. SO IF YOU HAPPEN TO HAVE ANY QUESTIONS GO, YOU CAN TALK TO STAFF. SO BASICALLY, YOU'RE FINE. OH MY GOD. PRAISE THE LORD. THAT'S ALL I HAVE TO SAY. THANK YOU JESUS. GENTLEMEN. THANK YOU. YOU HAVE A GOOD NIGHT. THANK YOU FOR YOUR TIME. AND THE WAIT WAS, IT WAS WELL WORTH THE WAIT ITEM 16 . YEAH, LET'S GET IT DONE. , DO YOU HAVE ONE MORE? YEAH, I'M 16. OH, I KNOW IT'S THE LAST ONE. IT'S THE LAST ONE I KNOW, I KNOW. ITEM 16 BO A DASH 24 DASH 1 0 3 0 0 2 5 4. ADDRESS BEING SEVEN 15 AMANDA STREET COUNCIL, COUNCIL DISTRICT TWO APPLICANT IS MD SHAHA DENON. UH, A REQUEST FOR A TWO FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A PROPOSED RESIDENTIAL STRUCTURE TO BE TWO FEET [06:25:01] SIX INCHES FROM THE SIDE PROPERTY LINE. RE ZONING IS R FOUR. SUBJECT PROPERTY IS LOCATED SOUTHEAST APPROXIMATELY 375 FEET OF INTERSTATE 10, APPROXIMATELY 115 FEET NORTH OF H STREET ON AMANDA STREET. THE APPLICANT ON BEHALF OF THE PROPERTY OWNER IS REQUESTING A TWO FOOT SIX INCH SIDE SETBACK VARIANCE TO ALLOW A SINGLE FAMILY RESIDENTIAL DEVELOPMENT ON A VACANT LOT AND APPROVED CERTIFICATE OF DETERMINATION. COD HAS BEEN OBTAINED, WHICH PERMITS DEVELOPMENT ON A SUBSTANDARD LOT. PERMITS ARE PENDING THE RESULT OF THE BOARD OF ADJUSTMENT. THIS IS A SITE PLAN SUBJECT PROPERTY SIDE, SETBACK MEASUREMENTS AND SURROUNDING AREA STATUS'S RECOMMENDATION FOR THE SIDE SETBACK VARIANCE TO A WOMEN'S APPROVAL. AND BO OA DASH 24 DASH 0 3 2 54. BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUEST IS WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD AND THE, AND THE PROPERTY WILL BE ABIDING ALL OTHER DIMENSIONS AND SETBACK REQUIREMENTS. STAFF MAIL 25 NOTICES ZERO IN FAVOR, ZERO IN OPPOSITION, AND THE PROPERTY IS NOT WITHIN 200 FEET OF A REGISTERED NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF'S PRESENTATION, UH, ON THE SKETCH THAT YOU, IN THE, IN THE, UH, PACKAGE, IT LOOKS LIKE THE SHORTEST DIMENSION ON THE WEST SIDE OF THE PROPERTY IS 41 INCHES. IS THAT STILL, IS THAT A GOOD NUMBER? I BELIEVE SO. FOR, YEAH. ALL RIGHT. SO WHOEVER MAKES A MOTION, IT'S 41 INCHES IS A, IS A SHORT ON THE WEST SIDE PROPERTY LINE. YES. ALRIGHT. THE APPLICANT COME FORWARD. HELLO. IF YOU COULD STATE YOUR NAME AND TELL US ABOUT YOUR , YOUR PROJECT. UH, GOOD EVENING, UH, STAFF, UM, UH, AND THE BOARD OF ADJUSTMENT, UH, MEMBERS. UH, SO I'M MG SHINAN. I'M, UH, I'M ACTUALLY AN ELECTRICAL ENGINEER. I'M WORKING FOR MICROSOFT. I I HAVE BEEN DOING THIS, UH, HOME RENOVATION, UH, FOR THE LAST THREE YEARS. AND, UH, THIS IS MY FOURTH, UH, NEW BUILD. UM, I'M NOT GONNA TAKE A LOT OF TIME JUST TO, UH, QUICKLY CHRONOLOGICALLY SET TIME, WHAT, WHY THIS HAPPENED. UM, SO I STARTED, UH, PURCHASING THIS PROPERTY ON, UH, MARCH OF LAST YEAR. AND, UH, I DID A, A SURVEY ON MARCH 1ST AND THE PROPERTY BUYING WAS CLOSED ON MARCH 12TH. AND THEN I STARTED, UH, GETTING THE PERMITS. UH, AND DURING, WHEN I'M TAKING THE PERMIT, I GOT MY PERMIT ON, UH, JULY 20TH OF LAST YEAR. AND THAT TIME, UH, ON THE, UM, ON THE WEST, UH, WEST SIDE OF THE HOUSE, THERE IS 6 39 EIGHTH STREET THAT E THE OWNER STARTED TO BUILD THEIR HOUSE. AND YOU CAN SEE IT IN THE GOOGLE MAPS OR, UH, BEAR COUNTY MAPS THAT IT'S VERY CLOSE TO MY PROPERTY LINE. WE ARE AS ESSENTIALLY, UM, SO I AM ASSUMING, I'M ASSUMING I DON'T HAVE ANY PROOF, BUT DURING THAT TIME, UH, SOMEONE MOVED THE SURVEY CAP. SO I, I BASICALLY TOOK THE DOT SURVEY CAP AND THE OTHER TWO SURVEY CAP AS IN MY STREAMLINING MY PROPERTY LINE. I CALLED BEFORE, UH, I'M STARTING MY FOUNDATION WORK WITH THE SURVEYOR, AND I DID EVERYTHING RIGHT. BUT THIS CAME TO MY ATTENTION ON DECEMBER WHEN MY NEIGHBORING LOT SEVEN 19 IDA STREET, UM, HE DID A SURVEY AND HE SAID, I AM ONE AND A HALF FEET INSIDE HIS PROPERTY LINE. AND I STOPPED ALL MY WORK. I IMMEDIATELY, UH, CALLED MY SURVEYOR BACK. I, UH, WHEN I FOUND OUT, MY SURVEYOR SAID THAT THIS IS NOT THE ORIGINAL CAP, THIS IS MOVED TO AFTER DOING THE RESURVEY. UM, THEN I FILED FOR THE, UH, VARIANCE REQUEST. NOW JUST THE TWO POINTS I'M GONNA MEASURE, UH, TELL YOU THAT I'M ONLY REQUESTING SETBACK VARIANCE ON THE, UM, I WOULD SAY WISH SIDE OF THESE. THERE'S THE ONLY SIDE FRONT BACK AND THE RIGHT SIDE. UH, UM, I'M ALREADY MEETING AND EVEN IN THE WEST SIDE, I'M NOT MEETING ONLY ON THE, UH, BACK OF THE HOUSE. THAT'S THE THREE FEET, SIX INCH FROM THE FOUNDATION. BUT IF YOU CONSIDER THE, UH, ROOF OVERHANG, THEN IT'S A TWO FEET SIX INCH. UH, BUT THAT'S THE ONLY PLACE I'M NOT MEETING, OTHERWISE I'M EVERY MEETING EVERYWHERE. [06:30:02] AND, UM, I TALKED WITH, UH, THE NEIGHBOR, UH, AND HE, UH, S SAID VERBALLY TO ME THAT HE, HE DOESN'T HAVE ANY OBJECTION THIS, BUT HE'S A 99-YEAR-OLD. I TALKED WITH HIS SON, UH, AND TALKED WITH HIM OVER THE PHONE. HE SAID HE WILL GIVE ME AN APPROVAL, BUT I, I DON'T THINK HE WAS ABLE TO SUBMIT IT. BUT, UM, THAT'S, THAT'S FROM ME. OKAY. SO THIS, THIS, SO JUST TO BE, WE'RE CLEAR. SO YOUR SHORTEST DIMENSION IS 41 INCHES TO THE HOUSE, BUT THE OVERHANGS AS CLOSE AS TWO FOOT SIX? UH, UH, YES. SO, UH, UM, HOW, THIS IS THE RED THING, RIGHT? SO ONLY THIS PART, UH, I'M, UH, THREE FEET, SIX INCH AND THEN IT'S GRADUALLY INCREASING. AND BY THIS PLACE HERE, I'M ALREADY AT FIVE FEET. SO THIS IS THESE DISTANCES FROM THE FOUNDATION TO THE PROPERTY LINE. YEAH, BUT THE ROOF OVERHANGS IS ONE FEET. SO THAT'S SAY IT'S TWO FEET, SIX INCH ON THAT CORNER. YEAH. 'CAUSE IF YOU, THE REASON I'M ASKING IS IF YOU'RE 41 INCHES AND THEN I ADD A, A, A FOOT TO THAT, THAT THAT'S, UH, 31 INCHES AWAY. TWO SIX COVER. YEAH, THAT'S FEET SIX. YEAH, THAT WOULD COVER YOU. SO I JUST WANT, SO WHOEVER READS A MOTION, IT WOULD BE, IT WOULD BE A, UH, UM, A SETBACK TO WITH A, UM, FOR, FOR THREE FOOT SIX WITH A ONE FOOT OVERHANG TO GET IT DOWN TO TWO FOOT SIX. YEAH, I MEAN, IT IT, BECAUSE IF YOU JUST SAY TWO FOOT SIX AND HE COULD BUILD A HOUSE, I KNOW IT'S NOT THERE. I'M JUST SAYING 'CAUSE IT'S PERMANENT WHAT WE'RE DOING. I, I JUST, MAN. SO I THOUGHT THAT, UM, ONCE IT'S WITHIN THE FIVE FOOT THAT IT COUNTS THE OVERHANG. AND SO, SO BASICALLY OVERHANGS CAN'T GO BELOW THREE FEET. SO BECAUSE IT'S TWO AND A HALF FEET, THE OVERHANG IS ACTUALLY IN VIOLATION. BUT IF WE SAY TWO AND A HALF FOOT, THAT, THAT WOULD COUNT THE OVERHANG AND WOULD NEED TO BE, BUT THEN HE COULD ALSO BUILD, I MEAN, IF HE WANTED TO, HE COULD BUILD THE HOUSE WITH NO OVERHANG AT TWO AND A HALF FEET. I, I WAS JUST TRYING. OKAY. GOTCHA, GOTCHA, GOTCHA. OKAY. I WAS TRYING TO UNDERSTAND WHERE YOU WERE GOING WITH THAT. SO, OKAY, NOW I GOT YOU. SO, OKAY, PERFECT. OKAY. ALL RIGHT. I ASSUME THERE'S NO ONE SIGN TO SPEAK ON THIS, UH, VOICEMAILS. NOTHING. ONE SIGNED UP TO SPEAK, BUT THEY LEFT. ALRIGHT, SO IF THERE'S NOTHING ELSE, I'M LOOKING FOR A MOTION MAN. UH, COMMISSIONER MAN. REGARDING CASE THERE WERE BOA 2 4 1 0 3 0 0 2 5 4, I MOVED THAT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR A THREE FOOT SIX INCH, UM, VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK THAT ALLOWS FOR A ONE FOOT OVERHANG. UM, UM, IS THAT RIGHT? NO. BLUE ONE ONE. YEAH. OH, SHOULD THE OTHER WAY A TWO, A TWO AND A HALF FOOT. TWO AND A FOOT VARIANCE. THAT TWO AND A HALF FOOT. OKAY. IT'S TWO AND A HALF FOOT. THAT INCLUDES THE ONE FOOT OVERHANG, RIGHT? YES. OKAY. SORRY. UM, UM, VARIANCE FOR THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW THE PROPOSED RESIDENTIAL PROPERTY TO BE TWO FOOT SIX INCHES, UH, FROM THE SIDE PROPERTY LINE SITUATED AT 7 1 5 ARMADA ARM, ARM AMANDA STREET, APPLICANT BEING, UH, M SHEHA, UH, AON BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOWED THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH A LITTLE ENFORCEMENT OF PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIPS. SPECIFICALLY FIND THAT THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. STAFF FINDS HIS REQUEST FOR A TWO FOOT SIX INCH SIDE SETBACK VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST AS THE APPLICANT IS ABIDING BY ALL REMAINING DEVELOPMENT AND SETBACK REQUIREMENTS, WHICH WILL NOT INFRINGE UPON, UH, THE NEIGHBORING PROPERTIES. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. IN THIS CASE, THE SPECIAL CONDITION FOUND ON THE SUBJECT PROPERTY IS THE LOT SIZE. WITHOUT THESE VARIATIONS, AN UNNECESSARY HARDSHIP WILL PREVENT THE APPLICANT FROM DEVELOPING ON THE LOT. THREE, BY GRANTING THE VARIANCE, THE SPARE OF THE ORDINANCE WILL BE OBSERVED AND THE SUBSTANTIAL JUSTICE WILL BE DONE. ALL REMAINING SETBACK AND BUILDING REQUIREMENTS SUCH AS BUILDING HEIGHTS AND DENSITY ARE ALL, UH, BEING ABIDED BY THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED BY GRANTING THIS VARIANCE. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THIS VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH HIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, WHICH HIS PROPERTY IS LOCATED UPON SITE VISITS. THE STAFF HAS FOUND THAT THE REQUESTED VARIANCE WILL NOT ALTER THE CENTRAL CHARACTER OF THE DISTRICT. AND THE SETBACK REGULATIONS WILL ENSURE ADJACENT PROPERTIES REMAINED UNINS. UH, UNINJURED SIX APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS [06:35:01] SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY. THEY'RE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH IS PROPERTY LOCATED STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS LOT SIZE AND DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION. SECOND. SECOND BY COMMISSIONER BONNI, UH, COMMISSIONER MANNA. SO, SO I THINK, YOU KNOW, HAVING A DISCUSSION WITH THE NEIGHBOR IS GREAT. UM, YOU KNOW, IT'S UM, UM, CERTAINLY STRANGE TO HEAR THAT LINES ARE MOVING, BUT, UM, YOU KNOW, UH, SO HOPEFULLY THE SURVEY, YOU KNOW, IT, UM, IS RESOLVED AND YOU KNOW THAT THE LINES WILL WORK FOR YOU AS WE READ THE MOTION. SO I'LL BE VOTING IN FAVOR. ALRIGHT, THANK YOU COMMISSIONER BEEZ. YEAH, I'LL ALSO BE IN SUPPORT OF THIS. UM, I THINK THIS AREA NEEDS MORE HOUSING AND DEVELOPMENTS AND, UM, THIS GENTLEMAN IS DOING JUST THAT. ALL RIGHT. UH, IF THERE'S ANYONE ELSE, UH, WE CAN GO, I THINK WE CAN DO A VOICE VOTE ON THIS. ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? HEARING NONE. MOTION PASSES. 10 TO ZERO. CONGRATULATIONS. THANK [ Approval of Minutes  ] YOU. ALL RIGHT. UH, NOW WE HAVE THE MINUTES. I HAD A COUPLE AMENDMENTS. UH, IS EVERYBODY OKAY? YEAH, I GUESS THEY GET, I DIDN'T SEE ANYTHING WHEN I LOOKED THROUGH IT, SO, OKAY. ALL THE CHANGES THAT WERE SENT TO US WERE, SHOULD BE, UH, REFLECTED. ALL RIGHT. WHO'D LIKE TO MAKE A MOTION TO APPROVE THE MINUTES MOVE? ALL RIGHT. COMMISSIONER MANOCK. IS THERE A SECOND? SECOND. UH, SECOND BY COMMISSIONER BARRINGTON. ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? HEARING NONE. MOTION PASSES OR A [ Director’s Report  ] DIRECTOR'S REPORT? UM, SO THE, UH, NEXT WEEK WE'RE HA OR NEXT MEETING, WE'RE HAVING THE WORK SESSION FOR THE, UH, SIX MONTH KIND OF REVIEW. I KNOW WE WENT A LITTLE BIT OVER SIX MONTHS. THIS IS THE LAST TIME WE DID THE WORK SESSION. UM, SO WE'LL BE SERVING LUNCH, UH, GET STARTED AT 1230. WE'LL SEND OUT THAT INVITE. UM, UH, THE ASSISTANT DIRECTOR AND THE PLANNING MANAGER HAD TO LEAVE FOR A DISTRICT MEETING EARLY. AND, UH, WE DO HAVE OUR DIRECTOR BACK FROM, UH, ANIMAL SERVICES JUST IN CASE YOU DON'T KNOW. BUT THAT'S ALL WE HAVE. UH, WHAT IS IT IS A SIX, WHAT IS THE PURPOSE OF THE SIX MONTH? WHAT ARE WE TALKING ABOUT? JUST SO WE KIND OF REVIEW WHAT WAS DISCUSSED, WHAT WAS PASSED, UM, WITH THE BOA, WHAT THE TRENDS ARE, UH, IDEAS THAT WE HAVE FOR UPCOMING UDC AMENDMENTS, JUST SO WE CAN HAVE THOSE ON RECORD. UM, SO WHEN IT COMES BY FOR THE UDC AMENDMENT, WE'RE NOT TRYING TO REMEMBER, WE JUST HAVE THE NOTES. OKAY. UM, AND I THINK LAST TIME YOU GUYS WANTED US TO BREAK IT DOWN BY COUNCIL DISTRICT TO SEE IF WE HAVE TRENDS IN THAT DIRECTION. AND SO WHO WHEN'S THE NEXT UDC AMENDMENT CYCLE? I THINK IN THREE AS WE DO 27. UH, SO WE HAD IT, THE UPDATED IN THE BEGINNING OF 2024. SO 2028. SO 2027 BEGINNING WOULD BE THE NEXT CYCLE. OKAY. WELL WE HEARD, WE HEARD SOME JUICY STUFF TODAY. I, I REALLY PLEASE, PLEASE TAKE A LOOK AT THE RM FOUR AND THE MULTIFAMILY STUFF BECAUSE THAT, THAT IT'S A LITTLE BOTHERSOME ON THAT NOTE. A LITTLE. YEAH, WE'LL, WE'LL DISCUSS THAT AND WE'LL HAVE THAT, WE'LL HAVE A SEPARATE PRESENTATION FOR Y'ALL DURING THAT, UH, THE WORK SESSION, JUST SO WE'RE CLEAR. 'CAUSE WHAT WE DISCUSSED IT WITH THE ASSISTANT DIRECTOR, UM, BEFORE WE BROUGHT IT UP TO YOU. BUT WE'LL HAVE A MORE CLEAR PICTURE AND, AND I REALLY WOULD LOVE TO BE ABLE TO DO A A AN STR FOR ONE YEAR. 'CAUSE SOMETIMES WE HAVE, YOU KNOW, NOT JUST THE THREE YEARS. 'CAUSE I THINK THERE'S SOME PEOPLE THAT IT MIGHT, MIGHT WORK OUT FOR 'EM, I DON'T KNOW. BUT ANYWAY. AND THANKS, UH, COMMISSIONER VASQUEZ FOR JUMPING ON REAL QUICK. UM, I APPRECIATE IT. THANK YOU. ALL RIGHT. IT IS 7 47 AND WE ARE ADJOURNED. GOOD WORK. GOD, MAN. WHAT HAPPENED? WE WHIPPED THROUGH EVERYTHING ELSE SO FAST. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.