* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:03] ONE OH ONE. I HEREBY CALL THIS MEETING THE BOARD OF ADJUSTMENTS INTO SESSION STAFF, IF YOU COULD, UH, PLEASE CALL ROLL. COMMISSIONER BARRINGTON. HERE. COMM STEVENS. PRESENT. COMMISSIONER E BONIS. PRESENT. COMMISSIONER DEAN PRESENT. COMMISSIONER CRUZ. COMMISSIONER GOMEZ. PRESENT. COMMISSIONER MANNA PRESENT. COMMISSIONER BRAGMAN PRESENT. COMMISSIONER BENAVIDES. COMMISSIONER UNA. PRESENT CHAIR ORIAN. AND I'M PRESENT. UH, IF WE COULD HAVE THE SPANISH INTERPRETER COME OUT AND GIVE A BRIEF PRESENTATION. GOOD AFTERNOON. THANK YOU. IF EVERYONE COULD PLEASE JOIN ME IN THE PLEDGE. SO BEFORE WE [ Briefing and Possible Action on the following items  ] 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 A NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS. FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT. LASTLY, AS CHAIR, I WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS. I ASK THAT THE BOARD MEMBER 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. THIS BOARD IS SUPPORTED BY THE MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY, ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAM, EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT, AND WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN 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 AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE. IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY 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. EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION AND IN ORDER FOR THE MOTION TO CARRY, IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES. THE BURDEN OF PROOF AND GRANTING THE RELEASE OUGHT REST WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS ON WHICH THE REQUEST OF RELEASE CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL. SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW. BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S. DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. UH, PLEASE LIMIT YOUR PRESENTATION TO THE PERTINENT FACTS OF YOUR CASE STAFF. THANK YOU. STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST. PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE ERROR TO BE CONSIDERED FOR THE VARIANCE OF SPECIAL EXEMPTION AND THE PROPERTIES WITHIN 200 FEET OF THE SUBJECT PROPERTY CHECK MARK TO INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION FOLLOWING THIS PRESENTATION. ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST FOR THOSE THAT'D LIKE, FOR THOSE THAT SIGNED UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE OF SPECIAL EXEMPTION, YOU'LL BE CALLED IN AN ORDER THAT YOU SIGNED UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM THREE MINUTES PER SPEAKER AND YOU'RE NOT OBLIGATED TO UTILIZE A MAXIMUM TIME LIMITATION. FOR THOSE THAT'D LIKE TO GIVE UP THEIR TIME TO THE SPEAKER. THAT SPEAKER WILL BE A ALLOWED OF MAXIMUM TWO PEOPLE GIVEN 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] THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH AN OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU, CHAIRMAN. YES. UH, I JUST, UH, DID Y'ALL, UH, RECORD THAT, UH, COMMISSIONER CRUZ ENTERED AT 1 0 4? I DUNNO IF SHE WAS HERE FOR ROLE. WE'LL MAKE A NOTE OF IT. OKAY. THANK YOU. UH, SO THE FIRST ITEM IS ITEM NUMBER ONE. I UNDERSTAND THE REQUESTING A CONTINUANCE, UH, UH, IS JUST FOR MY KNOWLEDGE. HAS ANYONE SIGNED UP TO, UM, IT'S ITEM NUMBER TWO THAT'S REQUESTING A CONTINUANCE? OH, I APOLOGIZE. WELL THEN WE'LL HEAR ITEM NUMBER ONE THEN. UM, SO REAL QUICK, UM, CAN WE, UH, DO THE ITEM NUMBER TWO REAL QUICK TO DO THE CONTINUANCE? SURE. IS ANYONE SIGNED TO SPEAK OR ANY VOICEMAILS ON ITEM TWO? NO PUBLIC COMMENT. UM, THIS IS A REQUEST, UH, BY WESTLING WESTLINE PROPERTIES FOR A SPECIAL EXEMPTION FOR ONE ADDITIONAL TYPE TWO SHORT TERM RENTAL ON THE BLOCK FACE LOCATED AT 2 0 3 PAAL UNIT 1 0 6. STAFF RECOMMENDED DENIAL AND NO PUBLIC COMMENT. THEY'RE REQUESTING A TWO WEEK, TWO WEEK, UM, CONTINUANCE. OKAY. WHO IS, IS THERE A MOTION TO CONTINUE TO FEBRUARY 24TH? MOVE? MOTION. MOTION FOR CONTINUANCE TO FEBRUARY 24TH. IS THERE A SECOND? SECOND. SECOND BY COMMISSIONER CRUZ. ALL IN FAVOR SAY AYE. AYE. ANY OPPOSED? HEARING NONE. MOTION PASSES. ITEM CONTINUED TO FEBRUARY 24TH. UH, ITEM NUMBER ONE, CASE ENDING IN 2 4 3. ALL RIGHT. ITEM NUMBER ONE IS BO OA 24 1 0 3 0 0 2 43 LOCATED AT 12 3 0 7 HENER ROAD COUNCIL, DISTRICT EIGHT, APPLICANT BEING THE KAUFMAN GROUP. THIS IS A REQUEST FOR A 18 FOOT VARI FOR THE MINIMUM AND 20 FOOT REAR SETBACK TO ALLOW A TWO FOOT REAR SETBACK FOR A BARBED WIRE FENCE. A THREE FOOT VARIANCE FOR THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A TWO FOOT SIDE SETBACK FOR A BARBED WIRE FENCE AND A ONE FOOT FENCE HEIGHT. SPECIAL EXEMPTION FOR THE MAXIMUM SIX FOOT HEIGHT TO ALLOW A SEVEN FOOT BARBED WIRE FENCE ALONG THE REAR SIDE PROPERTY LINE ZONED R SIX. SO J PROPERTY LOCATED, UM, ALONG EBNER ROAD EAST OF VANCE JACKSON REQUESTING A SEVEN TEN SEVEN FOOT TALL FENCE BARBED WIRE NEAR THE REAR AND SIDE OF THE EXISTING QUARRY. GRAVEL PIT QUARRY WAS ESTABLISHED, UM, PRIOR TO ANNEXATION IN 1985. UH, THE QUARRY HAS A R SIX ZONING WITH A NON-CONFORMING BARBED WIRE IS APPROVED SEPARATELY THROUGH AN ADMINISTRATIVE VARIANCE. HOWEVER, THE REQUESTED SETBACKS MUST BE APPROVED FIRST BY THE BOARD OF ADJUSTMENT AND BARBED WIRE APPROVAL THROUGH THE, AN ADMINISTRATIVE VARIANCE MUST HAVE THE STRAND SLANTED AWAY FROM THE STREET OR ADJOINING PROPERTY AND PERMITTED TO HAVE 18 INCHES ABOVE THE FENCE HEIGHT, SO LONG AS THE OVERALL HEIGHT DOES NOT, IS NO MORE THAN 10 FEET ABOVE GROUND LEVEL. NEXT SLIDE PLEASE. IS THE, UH, SITE PLAN AND NEXT FEW SLIDES OF THE SUBJECT PROPERTY STAFF RECOMMENDED STAFF RECOMMENDEDS APPROVAL BASED ON THE FOLLOWING FINDINGS OF THE FACT ADDITIONAL SECURITY AND SCREENING IS REQUIRED IN PROTECTION OF THE WORKING QUARRY AND SURROUNDING RESIDENTIAL PROPERTIES. THE VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH YOUR PROPERTY IS LOCATED. THE STAFF RECOMMENDS APPROVAL FOR A SPECIAL EXEMPTION. ADDITIONAL SECURITY AND SCREENING IS REQUIRED TO PROTECT THE WORKING CORY. AND A SPECIAL EXEMPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. UH, 193 NOTICES WERE MAILED OUT, ONE RECEIVED IN FAVOR, FIVE OPPOSED SHIVARO SHANO PARK, SHAVAR FOREST HOMEOWNER ASSOCIATION IS IN FAVOR AND NO RESPONSE FROM THE, UH, FOLLOWING ASSOCIATIONS AND A COUPLE OF MAPS SHOWING SINCE THE YEAR IS KIND OF BIG. THIS WAS CONTINUED FROM THE LAST MEETING. UM, AND THAT IS STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. AND BEFORE WE HEAR FROM THE APPLICANT, DID, DID I HEAR YOU REMARK THAT THIS, THE BARB WIRE SLATS HAVE TO BE FACING AWAY FROM THE PROPERTY OR TOWARDS THE PROPERTY, UM, TOWARDS THE SUBJECT PROPERTY AWAY FROM ABUTTING PROPERTY. OKAY. YEAH, ONE OF THE PICTURES IS SHOWING IT INWARD. YEAH. ALRIGHT, THANK YOU. NOW LET'S HAVE THE APPLICANT COME FORWARD PLEASE. THANK YOU, MR. CHAIRMAN. I'M BILL KAUF. YEAH, BILL, BILL, [00:10:01] YOUR MIC IS NOT ON. CAN YOU HIT THE YEAH, THERE YOU GO. THANK, THANK YOU. TESTING 1, 2, 3. OKAY, WE GOOD? PERFECT. THANK YOU AGAIN. BILL KAUFMAN, THE KAUFMAN GROUP REPRESENTING BULK. AND COREY, UH, I'LL, I'LL TRY TO BE SUCCINCT AND I'LL GET TO THE POINT FIRST AND THEN I'LL RETREAD FOR A MOMENT. UH, AS YOU RECALL, TWO WEEKS AGO, THERE WERE QUITE A NUMBER OF PEOPLE THAT SHOWED UP IN OPPOSITION. WE HAVE MET WITH THEM. WE HAVE REACHED AN AGREEMENT, WE HAVE SIGNED AGREEMENTS. UH, AND I THINK THE FACT THAT NO ONE'S HERE IS PRETTY GOOD EVIDENCE. WE WORK PRETTY HARD, BUT CREDIT TO THE TWO NEIGHBORHOODS THAT WERE WILLING TO MEET. THEY WORKED VERY HARD. WE HAD LOTS OF MEETINGS AND VERY PLEASED THAT WE'RE HERE TODAY IN UNANIMITY. WE FOUND THAT WE HAD SOMETHING IN COMMON. THEY LIKEWISE WERE WORRIED ABOUT SAFETY. THERE WAS NO QUARREL ABOUT THAT, AND WE JUST KIND OF DEBATED WHAT'S THE BEST WAY TO DO IT AND HOW DO WE, HOW DO WE DO IT IN A MEANINGFUL, THOUGHTFUL WAY AND WITH SENSITIVITY TO THE RESIDENTS THAT LIVE ALONG THE PROPERTY LINE. NEXT SLIDE. UM, I'LL TRY TO GO THROUGH THESE QUICKLY. I DON'T WANNA OVER OVERDO IT. JUST A QUICK AREA MAP TO LET YOU KNOW WHERE THE QUARRY IS. SLIDE RIGHT OFF I 10 ON EBNER. UH, THIS IS FROM I THINK, 1991. YOU COULD SEE THERE WERE NO HOUSES AND, UH, THE QUARRY WAS THERE FIRST. IT'S BEEN THERE. ALL IT WAS THERE HAD BEEN THERE FOR 20 OR 30 YEARS ALREADY. AND HOW OVER TIME HOUSES HAVE BEEN BUILT CLOSER AND CLOSER TO THE QUARRY. UH, AND AS YOU CAN SEE, UH, THE HOUSES SURROUNDING OUR APARTMENTS ON, UM, ALL FOUR SIDES, UH, SHOWS YOU THE ZONING. I THINK WE CAN MOVE ON TO THAT. UH, WHICH THE ZONING DOES DICTATE THE SETBACK REQUIREMENTS. UH, VULCAN IS A VERY LARGE COMPANY, UH, DOING, BEEN IN BUSINESS FOR PROBABLY OVER 50 YEARS IN SAN ANTONIO, ALMOST THAT LONG AT THIS SITE. UH, THIS WAS THE ORIGINAL REQUEST. AND, UH, OF ALL THREE OF THESE, THE ONLY THING WE'VE AGREED TO ELIMINATE WAS THE ROD, UH, BARBED WIRE ON TOP OF THE SIDE FENCE, BECAUSE THAT WAS RIGHT NEXT TO THE HOUSES. AND YOU'LL SEE PICTURES OF IT, WHAT IT LOOKS LIKE. AND WE READ THE LOWER TO THE HEIGHT OF THEIR TAKE, THE BARBED WIRE OFF, AND THE CHAIN LINK FENCE WILL BE THE SAME HEIGHT AS THEIR FENCE. AND THEY WERE AGREEABLE TO DO THAT. JUST A QUICK HISTORY, I DON'T THINK WE NEED TO GO THROUGH ALL THIS. THE NEXT SLIDE WOULD TELL YOU, UM, THEY STARTED BUILDING THE FENCE, WILKIN DID LAST YEAR, AND THEIR VENDOR THAT WAS DOING IT FAILED TO GET A PERMIT, AND THE CITY CAME OUT AND STOPPED IT. SO FOR THE LAST 10 OR 11 MONTHS, WE'VE BEEN WORKING ON THIS ISSUE, ANOTHER PICTURE THAT SHOWS YOU WHERE THE FENCE, THE GREEN WAS ALREADY ERECTED AND THE BLUE POLES WERE INSTALLED. NO WORK'S BEEN DONE OVER THE LAST YEAR WAITING FOR ACTION BY THIS BOARD. UH, JUST ANOTHER THING OF THE FENCE, WE GO ON FENCE REQUIREMENTS. I THINK WE CAN GO ON SETBACK REQUIREMENTS. AGAIN, HERE'S, HERE'S KINDA HOW IT LOOKS, AND YOU CAN SEE HOW CLOSE THE HOMES ARE TO AT SOME POINT TO THE EDGE OF THE QUARRY. SO OBVIOUSLY WE WANT TO KEEP PEOPLE OUT OF THE PROPERTY, BUT FOR SAFETY REASONS REALLY. UM, AND THIS OVER THE LAST, WELL, ANOTHER SLIDE REALLY TALKS ABOUT IT, BUT OVER THE LAST THREE YEARS, UH, THE INCREASED INTRUSIONS, TRESPASSING AND VANDALISM HAS INCREASED DRAMATICALLY. AND, UM, VULCAN UNDER STATE LAW AND FEDERAL LAW HAS TO KEEP PEOPLE OUT. THAT'S THE LAW. NATURALLY. WE DON'T WANT ANYBODY TO GET HURT, AND WE DON'T WANT ANYBODY IN THAT MAY HURT PEOPLE WORKING IN THE QUARRY. SO YOU CAN SEE THAT SEVERE TOPO ON THIS PROPERTY. NEXT SLIDE. UH, THIS IS JUST EXAMPLE OF THE KIND OF BIG TRUCKS THAT ROAM AROUND. SO YOU'LL SEE PICTURES OF KIDS AND O OTHERS THAT HAVE TRESPASSED AND GOT ON THE PROPERTY AND SAY IT'S A, IT'S AN INDUSTRIAL USE. UH, THIS IS THE PLANT MANAGER. I ASK THEM TO SIT STAND NEXT TO THE TRUCK SO YOU CAN SEE HOW BIG THEY ARE. BUT, BUT WE'RE TRYING TO KEEP OUT MAINLY KIDS FROM GETTING ON THE PROPERTY. NOW, THESE, THE NEXT SLIDES SHOW, UH, IN PART THE DECAYING NATURE OF SOME OF THE FENCES THAT ABUT THE PROPERTY. UH, YOU'LL SEE EXAMPLES IN A MINUTE OF PEOPLE THAT HAVE ACTUALLY BUILT GATES ON THEIR REAR PROP ON THEIR REAR FENCE SO THEY COULD GET ONTO THE PROPERTY. UH, YOU [00:15:01] SEE, LET'S, IF WE'LL JUST GO BACK, YOU CAN SEE IN SEVERAL INSTANCES ON THE LEFT, THE NEW FENCE THAT WAS PUT UP. AND YOU CAN SEE THE BARB WIRE UNDER THE AGREEMENT THAT BARB WIRE IS GONNA BE REMOVED. UM, BUT WE GOTTA KEEP PEOPLE OUT. NEXT SLIDE. AND JUST MORE OF THE SAME. YOU'LL SEE GATES AND, AND NEXT SLIDE. UH, THESE ARE EXAMPLES OF WHERE PEOP UH, THE ONE ON THE RIGHT IS NEXT TO UTIL EASEMENT ALONG THE REAR. AND PEOPLE WERE CUTTING THROUGH THE ORIGINAL BALLBAR FENCE THAT HAD BEEN THERE 60 YEARS OR 50 YEARS, AND THEY, THEY'RE TRYING TO PUT UP A, A FENCE THAT'LL KEEP PEOPLE OUT. HA, HASN'T BEEN VERY SUCCESSFUL. NEXT SLIDE. UM, YOU CAN SEE SOME GATES STARTING TO APPEAR ON SOME OF THESE HOUSES. UH, MORE GATES. THESE ARE PEOPLE ACTUALLY THAT BUILT A HOUSE WITH A GATE TO GET ON TO SOMEBODY ELSE'S PROPERTY. UH, WE CAN GO ON JUST IF YOU RAISE THAT A LITTLE BIT, YOU CAN SEE THERE'S A FOOTBALL PEOPLE USING IT AS THEIR BACKYARD. WHEN I WAS A KID, I PROBABLY WOULD'VE DONE THE SAME THING, BUT, UH, BUT IT'S, IT REALLY POSES A DANGER TO THEM AND TO PEOPLE. THESE TRUCKS ARE DRIVING BY ALL THE TIME. NEXT SLIDE. UH, THESE ARE SOME PICTURES THEY SENT US. YOU SEE TWO GOLFERS IN THE MIDDLE. THAT'S NOT THE QUARRY GOLF CAR COURSE AT THE QUARRY. THAT'S THE VULCAN QUARRY. AND, AND YOUTH WERE GETTING ON WITH GOLF CLUBS. THEY WERE, IN THAT CASE, THEY WERE HITTING GOLF BALLS INTO THE PIT WHILE PEOPLE WERE IN THE PIT WORKING. AND THEY, UH, UH, THEY RUSHED TO GET, GET 'EM OUT. UH, YOU CAN SEE A GOLF TEE TO THE BOTTOM LEFT. UH, NEXT SLIDE. THESE ARE OTHER KIDS OVER TIME THAT THEY HAVE FOUND MO MOSTLY IN THE LAST THREE YEARS, BUT IT, IT'S INCREASING AND, UH, SOMEBODY'S GONNA GET HURT SOONER OR LATER. NEXT SLIDE. THESE ARE SEISMOGRAPH, UH, EQUIPMENT THAT BULL CAN USE TO MONITOR THE BLASTING. THEY PUT 'EM AS CLOSE TO THE FENCE AS POSSIBLE. THAT'S FOR THE BENEFIT OF NOT ONLY WELCOME, BUT THE NEIGHBORS THEY MONITOR. IT'S A THIRD PARTY THAT PUTS THOSE UP TO MAKE SURE THE READINGS ARE ACCURATE SO THEY CAN, HOW LOUD IS THE BLASTING OCCURS ONCE OR TWICE A MONTH. AND THOSE ARE VANDALIZED ALL THREE. SO THEY'RE NOT WORKING. NEXT SLIDE. UH, THIS IS JUST DEBRIS AND THINGS. PEOPLE, ONE OF THE, ONE OF THE NICE THINGS ABOUT THIS AGREEMENT WITH THE NEIGHBORHOOD, WE'RE REALLY INCREASING COMMUNICATION. AND THEY'RE GONNA ENCOURAGE THE RESIDENTS, DON'T PUT YOUR TRASH OVER THE FENCE THAT'S ON SOMEONE ELSE'S PROPERTY AND TO KEEP 'EM OUT. AND WE'RE GONNA WORK TOGETHER ON THAT. UH, THIS IS A BUILDING THAT WAS VANDALIZED OVER PROBABLY OVER TIME. IT'S JUST DESTROYED. IT'S NOT USABLE. KIDS GET INSIDE AND JUST MAKE IT A MESS. THIS IS A UNFORTUNATE INCIDENT. IF THE SCENE ON THE RIGHT WAS A MOUND OF REFINED, I'LL CALL IT A PROCESSED SAND OR GRAVEL. AND, UH, THEY GOT ON WITH FOUR WHEELERS AND MOTORCYCLES AND DESTROYED A QUARTER MILLION DOLLARS WORTH OF REFINED MATERIAL THEY CAN'T USE. IT'S COMPACTED NOW. IT'S NOT USABLE. THEY'D HAVE TO REFINE IT AGAIN. UH, THAT WAS SERIOUS. UM, NEXT SLIDE. THIS IS, THIS IS, UM, UH, EQUIPMENT WHERE YOU CAN SEE THAT THEY PUT THE MATERIALS ON A CONVEYOR BELT. IT GOES UP, IT GETS CRUSHED. UH, KIDS GOT IN OR SOMEONE DID AND TURNED IT ON. THEY FOUND THE KEY AND TURNED ON THE EQUIPMENT. I MEAN, IT'S VERY EXTREMELY DANGEROUS. UH, THIS IS THE BEST EXAMPLE OF WHAT WAS GONNA BE THE NEW FENCE. IF YOU LOOK VERY CLOSELY, YOU CAN SEE AN OLD BARB WIRE, 12 STRAND FENCE THAT'S BEEN THERE SINCE THE BEGINNING, BEFORE THE HOUSES WERE BUILT. THEN THE HOUSES WERE BUILT. AND THEN THIS FENCE WAS PUT UP LAST YEAR, AS I TOLD YOU, THAT, UH, BARB WIRE IS GONNA BE REMOVED AND NOTHING WILL EXCEED SIX F FEET IN HEIGHT, WHICH IS THE SAME SI HEIGHT AS THEIR FENCE. UH, WE DO NEED A TWO FOOT VARIANCE TO PUT IT THERE VERSUS FIVE FEET BACK, WHICH IS THE SIDE YARD SETBACK. BUT WE AGREED, OR THEY AGREED WITH US, IT WOULD BE LESS NOTICEABLE IF IT WAS A BUDDING THEIR FENCE THAN STICKING OUT FIVE FEET. BUT THAT'S, THAT'S JUST FOR EXAMPLES. UH, AND WE'VE AGREED AS SOON AS FEASIBLE TO REMOVE THAT BARBED WIRE. UH, [00:20:01] ANOTHER ANGLE OF IT, YOU CAN SEE THE FENCE THAT WAS ERECTED. UNFORTUNATELY, BALKAN ACTED AND HASTE AND ERECTING IT. AND THEIR CONTRACTOR, THEY'RE NO LONGER USING, DID IT WITHOUT PERMITS, AND THE CITY RIGHTFULLY STOPPED IT. SO THEY'VE BEEN WORKING TO CORRECT THAT. WE PROMISED TO KEEP THE NEIGHBORHOOD APPRISED OF THE PROGRESS OF THAT. AND THEY'RE AGREEABLE. UH, THIS IS JUST A NUMBER OF FINDINGS AND FACTS THAT, YOU KNOW, THE CITY OUTLINED THEM IN THEIR PRESENTATION WE'RE REALLY JUST ADOPTING THEIR FINDINGS OF FACT AND INCORPORATING IT INTO OUR PRESENTATION. BUT, UM, NO ONE DISAGREES THAT IT'S A DANGEROUS CONDITION AND NO ONE DISAGREES THAT UNAUTHORIZED PEOPLE SHOULD BE KEPT OUT FOR THEIR SAFETY AND THE SAFETY OF THE PEOPLE WORKING THERE. UH, THIS IS ON THE REAR. UH, ACTUALLY IN THAT CASE, THE BARBED WIRE IS GONNA BE ERECTED ON THE FENCE BECAUSE THEY WANT IT. THEY ARE ON THE OTHER SIDE OF A 70 OR 80 FOOT UTILITY EASEMENT, CCPS AND SAWS. THEY HAVE PEOPLE GOING THROUGH THAT EASEMENT TO GET IN THEIR BACKYARDS AS WELL AS THE BALKAN PROPERTY. AND WE JOINTLY AGREED IT WOULD BE BETTER TO PUT A FENCE WITH BARB WIRE. SO WE'VE, WE'VE KEPT THAT REQUEST. AGAIN, THERE ARE NO HOUSES ABUTTING THE BARB WIRE. IT'S A 80 FOOT, UH, 80 FOOT UTIL EASEMENT. IN FACT, THEY CAN'T, THEY WON'T EVEN BE ABLE TO SEE THE FENCE FROM THEIR HOUSES. THE HOUSES ARE PROBABLY 150 FEET AWAY. UH, AGAIN, MORE FINDINGS OF FACT, UH, STAFF WENT OVER THIS AGAIN FOR THE SAME ARGUMENTS. PUBLIC SAFETY BEING THE MOST IMPORTANT TO ALL OF US. UM, THE VARIANCE DOESN'T ALLOW ANY DIFFERENT USE THAN CURRENTLY EXISTS. NATURALLY, WE'RE ALMOST DONE. UM, AND IT WILL NOT INJURE ANYBODY'S PROPERTY. IN FACT, IT'LL PROBABLY PRESERVE PEOPLE'S PROPERTY. UH, THEN WE CAN GO ON, I THINK AND GET TO, UH, I, SO, UH, COULD WE NOT, I DON'T WANT TO OVERDO THIS, BUT MAYBE PUT THESE ON YOURS. THESE ARE JUST TWO, TWO THINGS WE DECIDED BECAUSE WE, WE WERE NEGOTIATING AGREEMENTS. I SAY NEGOTIATING. THEY WERE SO CIVIL AND NICE, YOU KNOW. DO YOU MIND CHANGING THIS? NO, WE DON'T MIND. DO YOU MIND? BUT IT WASN'T SIGNED UNTIL THIS MORNING, SO WE DIDN'T PUT IT IN THE POWERPOINT, BUT, UM, WE'LL SEE IF THIS SHOWS UP. THERE WE GO. UH, THE FIRST SLIDE IS, HERE WE GO. UH, JUST EVIDENCE. WE HAVE STAFF SUPPORT. WE HAVE CHAU FOREST, HOA SUPPORT. WE HAVE CHAU RIDGE'S SUPPORT. WE DO HAVE A SIGNED LETTER EMAIL WITH THEM. THERE WAS ANOTHER NEIGHBORHOOD THAT NEVER RESPONDED, AND WE GAVE THEM THE SAME BENEFITS THAT, UM, UH, CHEV FOREST HAS. THEY'RE NOT A PARTY TO IT, BUT THEY'RE GONNA GET THE SAME NO BARBED WIRE THINGS. AND THEN, UH, I THINK A SECOND PAGE JUST SHOWED YOU THE FOUR NEIGHBORHOODS. WE WERE SUCCESSFUL GETTING HOLD OF CHAU FOREST AND CHAU RIDGE, AND, AND BOTH OF THEM AGREED TO SUPPORT IT. WE WERE UNABLE TO GET RESPONSES FOR CHAU BEN AND CHAU HEIGHTS. BUT CHAU HEIGHTS GETS THE SAME BENEFIT. CHAU FOREST DOES. CHEV BEND IS PROTECTED BY THE EASEMENT UTIL EASEMENT. SO I THINK THEY'RE ALL GOOD. SO I'LL, I'LL LEAVE IT WITH THAT AND BE HAPPY TO ANSWER ANY QUESTIONS YOU HAVE. SO, JUST TO MAKE SURE I HEARD THIS RIGHT, UH, YOUR AGREEMENT WITH THE NEIGHBORHOOD IS NO BARBED WIRE ON THE NORTHEASTERN LEASE SIDE ONLY. WE CALL IT THE SIDE, BUT THAT YES, SIR. WHERE? OH, IF YOU DO THAT, UH, IF YOU WOULDN'T MIND PUTTING THAT BACK UP. NO. BOB WIRE ALONG CHAU FOREST AND CHAU HEIGHTS, WE, THEY CALL THAT THE SIDE. BUT, BUT ON THE NORTHWESTERN LEASE SIDE, THE REAR, IT WAS OUR REAR WOULD BE NORTHWEST WOULD BE IT, IT WOULD BE AS DESIGNED A SIX FOOT CHAIN LENGTH WITH ONE FOOT OF BARBED WIRE. WE STILL NEED TO GO AND GET ADMINISTRATIVE EXCEPTION TO THE BARBED WIRE. YEAH, WE, WE JUST HAD A, UH, THE WAY, THE WAY IT'S, UH, BEEN ADVERTISED, IT LOOKS LIKE IT WAS, UM, FOR BARBED WIRE ON THE REAR AND SIDE. AND SO WE HAVE TWO SIDES AND ONE REAR. BUT YOU'RE ASKING FOR THE SIDE NEXT TO CHAU HEIGHTS AND CHAU FOUR TO NOT HAVE BARBED WIRE. CORRECT. BUT EVERYWHERE ELSE TO HAVE BUT IT, BUT ALONG THE REAR AGAINST CHAU BEND AND CHAU RIDGE. AND ON THE OTHER SIDE, OPPOSITE CHAU FOREST, [00:25:01] IT ALREADY HAS BOB WIRE. OKAY. IT'S AN OLD, IT'S A, IN FACT, IT'S A TALLER FENCE WITH BOB WIRE. OKAY. AND THANK YOU VERY MUCH. OKAY. UH, STAFF, IS THERE ANYONE SIGN UP TO SPEAK OR VOICEMAILS? WE DO HAVE ONE VOICEMAIL. ALL RIGHT. SO WE'LL HEAR THAT. HI, THIS MESSAGE IS REGARDING CASE NUMBER WITH THE LAST THREE DIGITS, 0 0 3. UH, MY NAME IS SWATI WEAVER. I LIVE AT THREE ONE. HI, THIS MESSAGE IS REGARDING CASE NUMBER WITH THE LAST THREE DIGITS, 0 0 3. UH, MY NAME IS SWATI WEAVER. I STAND BY. GOOD AFTERNOON. I AM JOE SANCHEZ. I LIVE AT FOUR ONE ZERO SIX LEGEND BEND. MY PHONE NUMBER IS (210) 386-3753. CASE NUMBER IS 0 2 4 3. I AM ONE OF THE HOA DIRECTORS, AND OVER THE PAST WEEK OR SO, WE HAVE BEEN WORKING WITH THE KAUFMAN GROUP, UH, WHO HAVE AND VULCAN MATERIALS ON RESOLUTION FOR THE VARIANCES. WE HAVE AN AGREEMENT, IN PRINCIPLE, WE'RE PREPARED TO FINALIZE THIS AND SUBMIT IT TO, UM, VULCAN FOR THEIR APPROVAL. WE AGREE THAT THEY WILL DROP ITEM NUMBER THREE, THE VARIANCE REGARDING BARBED WIRE. ANYTHING TO DO WITH BARBED WIRE, THEY WILL DROP. WE UNDERSTAND THAT THE ITEM NUMBER TWO, THE THREE FOOT VARIANCE FROM A FIVE FOOT SIDE SETBACK IS PERMISSIBLE. THE FENCE IS ALREADY INSTALLED. THEY WILL COMPLETE THE CHAIN LINK, BUT IN OUR CASE, OUR HOA AND OUR RESIDENCE ARE PLEASED TO KNOW THAT VULCAN WILL DROP THE THIRD VARIANCE, WHICH IS THE ONE FOOT FENCE HEIGHT EXEMPTION, ALLOWING A SIX FOOT BARBED WIRE. THEY WILL REMOVE THE BARBED WIRE AND THEY WILL PULL OFF ON NUMBER THREE ON THEIR BOARD OF ADJUSTMENT REQUEST. UM, AGAIN, WE ARE FINALIZING AN AGREEMENT NOT ONLY IN THIS, BUT WE ARE PLEASED TO SAY THAT WE HAVE ESTABLISHED BETTER COMMUNICATIONS WITH VULCAN. AND WE'LL CONTINUE TO HAVE THOSE DISCUSSIONS. UH, ANYTIME WE HAVE, UH, MATTERS TO DISCUSS, WE THANK, UH, MR. KAUFMAN, MS. WOLF FOR ALL THEIR HELP, AND THE BOA, UH, COMMISSIONERS FOR THEIR CONSIDERATION OF THIS CASE. THANK YOU. GOODBYE. THOSE ARE THE PUBLIC COMMENTS. SO, UM, AT THE, ON THE SUGGESTED MOTION, I NOTICED ITEM THREE WAS REMOVED, UH, WHICH IS WHAT WAS HEARD IN THE VOICEMAIL. BUT ITEM NUMBER TWO, UH, STILL SAYS A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A TWO FOOT SIDE SET BACK FOR A BARB WIRE FENCE. SHOULD THAT BE CHANGED FOR THE NORTH WESTERN LEE SIDE? ONLY THE SIDE THAT IS NOT AGAINST THE NEIGHBORHOOD? UH, WE CAN, YOU CAN MAKE THAT, UM, WITH THE MOTION, UH, I BELIEVE THE APPLICANT SAID AGAINST SHAVANO HEIGHTS AND SHAVANO FOREST, THEY ARE NOT DOING THAT, IF I UNDERSTOOD CORRECTLY. BUT IF THERE'S NO BARB WIRE, THEN IT WOULD, THERE'S NO ISSUE WITH THE FENCE AT ALL THEN. CORRECT. OKAY. THERE'S, OKAY. AND THAT'S, YOU UNDERSTAND WHAT I'M SAYING? THE ONLY THANK YOU, MR. THE ONLY, WE JUST STILL NEED A SIDE YARD SETBACK NEXT TO THEM. SO WE CAN PUT THE FENCE, THE CHAIN LINK NEXT TO THEM SO THAT THEY AGREE THAT, AND THE ONLY BARB WIRE TO BE ERECTED IS ALONG THE REAR. SEE, THAT'S, YEAH, MAN, IT'S LIKE I HAVE THAT QUESTION. I GOT HOW'S NO BARBED WIRE THEN? THERE'S NO, YEAH. SO ADDITIONAL SETBACK, RIGHT? SO THE FENCE CAN BE PUT FINE. THE ONLY REASON THEY WOULD NEED A SETBACK VARIANCE IS IF THEY'RE PUTTING BARBED WIRE. YEAH. SO I THINK THAT ITEM NUMBER TWO SHOULD JUST SPECIFY THE NORTHWEST SIDE, WHICH IS THE OPPOSITE SIDE OF, OF THE NEIGHBORHOOD. AND THEN ALSO INCLUDE REAR, YOU HAVE THE REAR IN THE MIDDLE. OKAY. UH, WELL, IF THERE'S ANY QUESTIONS, THERE'S ANY QUESTIONS. ALL RIGHT. I'M LOOKING FOR A MOTION. OH, ZUNA COMMISSIONER ZUNA, REGARDING CASE NUMBER BOA DASH 24 DASH 0 3 0 2 4 3. I MOVE THAT THE BOARD OF ADJUSTMENT CURRENT TO REQUEST FOR ONE, AN 18 FOOT VARIANCE FOR THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW A TWO FOOT REAR SETBACK, UH, FOR THE BARB [00:30:01] WIRE FENCE. AND TWO, A THREE FOOT VARIANCE FROM THE MINIMUM OF FIVE FOOT SET SETBACK TO ALLOW A TWO FOOT SIDE STEPBACK FOR BARB WIRE FENCE LIMITED, UH, TO THE, UH, REAR OF THE PROPERTY AND THE NORTHWEST SIDE OF THE PROPERTY, UM, SITUATED AT 1 2 3 0 7 HENER ROAD. APPLICANT BEING THE KAUFMAN GROUP INC. 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 HAS AMENDED WOULD RESULT IN UN UNNECESSARY HARDSHIP. I'M JUST LOOKING TO MR. CHAIR TO MAKE SURE I READ THAT CORRECT. YEAH, WHEN YOU'RE DONE READING THE MOTION, UH, WHAT I'M GONNA DO IS TAKE A QUICK PAUSE TO MAKE SURE THAT, UM, THE APPLICANT UNDERSTANDS WHAT WE'RE READING AND MAKE SURE THERE'S NO CONFLICT WITH THIS AGREEMENT WITH THE NEIGHBORHOOD. OKAY. 'CAUSE THE REAR, I'M LOOKING AT THE REAR AS BEING OPPOSITE, UH, HENER ROAD, AND THEN THE NORTHWEST SIDE IS, YEAH. LET'S, LET'S JUST GET, GO THIS OVER WITH NOW WHY DON'T YOU TO COME ON, IF YOU CAN BRING A MAP UP. SO WAIT, FORGIVE ME FOR CONFUSING YOU. OKAY. BUT, UH, YES, ON THE NORTHEAST WE CALL THAT THE SIDE, AND THAT'S, WE CALL IT SIDE FOR SIDE SETBACKS. IT HAS A FIVE YARD SETBACK, A FIVE FOOT SETBACK. WE NEED TO HAVE A VARIANCE TO MAKE IT A TWO FOOT SETBACK. IS THERE A FIVE FOOT SETBACK WITH NO BARBED WIRE? THERE? THERE IS NOT A SETBACK IF THERE IS NO BARBED WIRE. THE ONLY REASON YOU WOULD NEED A SETBACK IS 'CAUSE BARBED WIRE HAS TO BE WITHIN BUILDING SETBACKS. OH, OKAY. WELL, THAT'S GOOD. THAT'S WHY WE'RE TRYING TO GIVE IT TO YOU ON THE, YOU'RE RIGHT, THE OTHER SIDE. OKAY. UH, ALONG THE REAR, UH, WE'LL BE A SIX FOOT CHAIN LENGTH FENCE WITH AN ADDITIONAL ONE FOOT OF BARBED WIRE. SO WE NEED A HEIGHT VARIANCE. AND THAT ONE, SO THAT ONE STILL EXISTS ON MOTION TWO. SO THERE'S A SECOND MOTION ON THE BACKSIDE OF THIS ONE. OKAY. AND SO, RIGHT. OKAY. SO IT'S A SEPARATE MOTION OF FOR THE HEIGHT BACK. FOR THE HEIGHT. ALL RIGHT. SO LET'S CONTINUE WITH THIS MOTION, THEN WE CAN GET, AND THEN YES. AND JUST AS, SO WHILE WE'RE KIND OF GOING THROUGH THIS FOR ONE, WOULDN'T THE DIALOGUE FOR THE, UM, APPLY TO ONE AND TWO? SO, SO JUST TRYING TO FIGURE OUT, I THINK, SO TWO, WHEN WE SAY SIDES, THERE'S TWO SIDES, RIGHT? IT'S THE NORTHEAST SIDE IS WHERE THERE'S NO BARBED WIRE. THE NORTHWEST SIDE WILL HAVE BARBED WIRE. NO. OKAY. LET'S USE THE LASER POINTER AND THANK YOU TRIANGLE. THAT'S RIGHT. OKAY. OKAY. THIS IS, CAN YOU ALL SEE THIS? YEAH. WE CONSIDER THAT THE NORTH, THE NORTH EAST. THIS IS SIX FOOT FENCE, NO HEIGHT VARIANCE, AND NO BARB WIRE. RIGHT. AND AS YOU POINTED OUT, WE DON'T NEED A SETBACK VARIANCE. RIGHT? OKAY. SO WE'RE GOOD. THIS, UH, I'M COLORBLIND, SO THIS IS HARD FOR ME. YEAH. THIS IS THE REAR. YES, EXACTLY RIGHT. AND ON THIS WE'LL HAVE A SIX FOOT CHAIN LENGTH WITH A ONE FOOT BARB WIRE. RIGHT. SO WE NEED THE VARIANCE FOR HEIGHT TO GO FROM SIX FEET TO SEVEN FEET, AND WE'LL SEEK A ADMINISTRATIVE EXCEPTION FOR THE BARBED WIRE ON ANOTHER. SO IF, IF ALL YOU'RE DOING IS THE SIX FOOT, UM, THE CHA, THE, UH, BARBED WIRE DOES NOT COUNT AS ADDITIONAL HEIGHT, SO LONG AS IT'S NOT OVER 18 INCHES OVERALL, NOT OVER 10 FEET. SO FOR THE REAR, IT SOUNDS LIKE ALL YOU NEED IS A SETBACK VARIANCE. OKAY. YEAH. WHICH IS THE ITEM. NOW WHAT ABOUT, WHAT ABOUT THE, IS THERE ANYTHING ON THE, ON THE WESTERN LEASE SIDE? NO, THERE ALREADY EXISTS A FENCE WITH WILD WIRE. DO WE NEED TO NOTHING TODAY OR, WELL, WE CAN INCLUDE THAT IN A MOTION. IF, IF YOU WANT TO COVER IT AT THIS TIME, LET'S INCLUDE IT IN CASE IT'S WELL, OKAY. IN CASE IT, IN CASE YOU WANT REBUILD IT OR SOMETHING, DO THAT. OKAY. YEAH, I THINK THAT'D BE HELPFUL. THANK YOU. OKAY. THAT'LL RUN IN PERPETUITY, OR THAT VARIANCE WOULD ONLY LAST FOR A YEAR, RIGHT? UNLESS THEY BUILT SOMETHING ON, IT'S ALREADY BUILT. IT KIND OF JUST, IT KIND GETS PLUGGED IN THERE. I THINK WE OUGHT TO SWITCH CHAIRS. YOU HELP ME. YOU'RE DOING A BETTER JOB HELPING ME THAN I AM, SO, WELL, I JUST, I JUST WOULD HATE FOR YOU TO EVER HAVE TO COME BACK FOR THE SAME THING IN THE FUTURE. UH, SO, ALL RIGHT. OKAY. I THINK I READ IT AS WE NEED TO APPROVE IT. YES. OKAY. AND THEN WE WILL, WE WILL ADDRESS THE ONE INCH HEIGHT VARIANCE WITH THIS, WITH THE SECOND PART OF THE, I DON'T THINK THAT WAS REQUIRED, IF I HEARD CORRECTLY. WELL, WE'LL, LET'S, LET'S, THAT'S ADMINISTRATION THIS ONE MOTION FIRST. SO DID WE INCLUDE, BUT DID WE INCLUDE THE, UH, WESTERN PORTION? YES. HE, THE NORTHWESTERN LEE PORTION WAS THE NORTHWEST SIDE. AND ON ITEM TWO, WHICH INCLUDES THE WEST. YES. OKAY, PERFECT. OKAY. OKAY. ONE, THE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE VARIANCES ARE NOT CONTRARY TO THE PUBLIC INTEREST, AS THE PURPOSE WILL BE PUR WILL PROVIDE ADDITIONAL SECURITY FOR WORKING QUARRY AND SURROUNDING RESIDENTIAL PROPERTIES. 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 THE APPLICANT WOULD BE UNABLE TO PROVIDE THE ADEQUATE SAFETY FOR THE WORKING QUARRY LOCATED ON THE LOT. THREE, BY GRANTED, THE VARIANCE OF THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED. SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED VARIANCES APPEAR TO BE IN THE SPIRIT OF THE ORDINANCE AS PROPOSED FENCE WILL NOT ADVERSELY IMPACT THE SURROUNDING AREA, WILL NOT BE PROVIDING ADDITIONAL NEEDED SECURITY TO SURROUNDING PROPERTIES. AND FOR THE WORKING QUARRY LOCATED ON THE LOT, FOUR, THE VARIANCE WOULD NOT AUTHORIZE [00:35:01] THE OPERATION OF USE OTHER, THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT FOR ITS VARIANCES LOCATED. NO USES OF THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH ITS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, WHICH THE PROPERTY IS LOCATED STAFFED BY. THE VARIANCES WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES AS ADEQUATE FENCING AND SEC AND SECURING THE LOT WILL ALSO PROVIDE SECURITY FOR THE SURROUNDING AREAS. AND SIX, APPLY TO THE PROPERTY OWNER FOR WHICH THE VARIANCE OF SAW IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND NOT MERELY FINANCIAL, THEY'RE NOT DUE TO ARE THE RESULT OF GENERAL CONDITIONS. THE DISTRICT, WHICH THE PROPERTY IS LOCATED, STAFF FINDS UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, IS THE NEED FOR ADDITIONAL SECURITY AND SCREENING FOR THE WORKING QUARRY AND OF MOTION. IS THERE A SECOND? SECOND BY COMMISSIONER MAN OR COMMISSIONER? YES. SO I APPLAUD THE APPLICANT HERE FOR, UH, GATHERING THE, UH, SUPPORT FOR THE N FROM THE NEIGHBORS, THE DALE AREA, AND WORKING WITH THE NEIGHBORHOOD. THIS IS A GREAT EXAMPLE OF, UH, KIND OF WORKING, UM, IN COLLABORATION TO SOLVE A, SOLVE A PROBLEM. UH, OBVIOUSLY THE FENCE, UH, IS NEEDED FOR SECURITY. UH, WE PROVIDE, THE PICTURES WERE PROVIDED OF, OF, UH, YOU KNOW, JUST BASIC VANDALISM ON THE PROPERTY, WHICH HOPEFULLY THERE'LL BE, UH, RESOLVED WITH THE FENCE, AND WE'RE LIMITING IT TO THE, UM, REAR AND THE NORTHWEST SIDE FOR THE BARBED WIRE, WHICH IS NOT IMPACTING THE NEIGHBORING PROPERTIES. COMMISSIONER MANO. SO AGAIN, I COMMENDED MY COLLEAGUE. UH, SO I AGREE. UH, I THINK YOU BROUGHT UP A LOT OF VALID POINTS. UM, ALSO COMMEND, UM, UH, THE APPLICANT FOR REACHING OUT TO THE COMMUNITY. UM, AND THEN THE, YOU KNOW, ONE OF THE THINGS THAT WE ALWAYS TALK ABOUT IS THE SAFETY OF THE COMMUNITY. AND I THINK, UM, AS THE PICTURES DEMONSTRATED, YOU KNOW, THERE IS A SIGNIFICANT, UM, UM, NEED FOR THIS FENCE, UH, FENCING MATERIAL. SO I'LL BE VOTING IN FAVOR. ALL RIGHT. ANYONE ELSE LIKE TO ADD? LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER MANO. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. UH, IS THERE, IS THERE A REASON TO READ THE SECOND MOTION REGARDING HEIGHT IF HE'S, AND I VERIFY WITH THE, UH, APPLICANT? THERE'S NO OFFENSE. THE NO PART OF THE FENCE IS GONNA BE OVER SIX FEET, NOT COUNTING THE BARB WIRE. UM, SO THEY DON'T NEED ITEM NUMBER THREE. OKAY. I JUST WANNA MAKE SURE. , THANK YOU. THANK YOU, THANK YOU. ALL RIGHT. UM, I WILL BE RE RECUSING FROM THE NEXT ITEM. COMMISSIONER GUZMAN, ARE YOU THERE? AND, UH, GIVING, GIVING THE GAVEL OVER TO VICE CHAIR Z. ACTUALLY, UM, COMMISSIONER VASQUEZ IS NOT ON YET, SO, UM, WE'LL TRY TO GET HIM ON ON THE NEXT ONE. SO WE'LL GO TO ITEM NUMBER THREE. ALL RIGHT. ITEM THREE, I'M BACK. ITEM NUMBER THREE, BO OA DASH 24 DASH 0 3 0 0 2 1 9. ADDRESS IS 10 11 WISEMAN STREET COUNSEL, DISTRICT ONE APPLICANT, JOSE GS, UH, REQUEST FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW ONE INCH SIDE SETBACK, UH, TO A NINE FOOT SIX INCH VARIANCE FROM THE MINIMUM 12 FOOT, SIX INCH REAR SETBACK TO ALLOW A THREE FOOT REAR SETBACK. ZONING IS R FOUR. THE SUBJECT PROPERTY IS LOCATED ALONG WISEMAN STREET, EAST OF WEST AVENUE, LOCATED IN THE NORTH CENTRAL NEIGHBORHOOD ASSOCIATION. THE PROPERTY OWNER HAS ADDITION, A CONSTRUCTED TO THE HOME WITHOUT A PERMIT IN VIOLATION OF SETBACKS SOMETIME AFTER AUGUST OF 2022 PER STREET PHOTOGRAPHY. UPON CODE ENFORCEMENT ORDER, THE PROPERTY OWNER OR CONTRACTOR WENT TO GET PERMITS. UPON REVIEW, THE APPLICANT TURNED IN A SITE PLAN WITH THE SETBACKS AT THREE FEET REAR AND ONE FOOT SIDE. SCOPE OF WORK WITHIN THE APPLICATION, STATED SETBACKS MUST COMPLY WITH UNIFIED DEVELOPMENT CODE STANDARDS. HOWEVER, THE SETBACK INDICATED THAT THE SITE PLAN WAS MISSED BY A DEVELOPMENT SERVICES STAFF IN FEBRUARY OF 2023. [00:40:01] PER THE SURVEY, A 15 FOOT ALLEY EXISTS IN THE REAR OF THE PROPERTY, WHICH REDUCES THE REAR FROM BACK REAR SETBACK FROM 20 FEET TO 12 FEET, SIX INCHES. SITE PLAN, SUBJECT PROPERTY, SUBJECT PROPERTY REAR OF THE PROPERTY VIEW FROM THE REAR OF THE PROPERTY AND INSIDE THE BACKYARD AREA AND SURROUNDING AREA. SO, STAFF RECOMMENDATION FOR THE SIDE AND REAR SETBACK VARIANCES. STAFF'S DENIAL, MBOA 24 DASH 0 3 2 9 BASED ON THE FOLLOWING FINDINGS OF FACTS, ONE IS SUFFICIENT SPACE WILL REMAIN ON THE, FOR THE PURPOSES OF WATER RUNOFF, FIRE SAFETY AND MAINTENANCE OF THE STRUCTURE. TWO, THE REQUESTED VARIANCE WILL ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF MAILED 34 NOTICES. 11 WERE IN FAVOR, ZERO IN OPPOSITION. AND THE NORTH CENTRAL NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. AND THIS IS THE PUBLIC COMMENTS. THIS CONCLUDES STAFF'S PRESENTATION. APPLICANT IS AVAILABLE. ALRIGHT, THANK YOU VERY MUCH. MANA COMMISSIONER MANNA. SO, SO THESE PICTURES ARE FAMILIAR. SO, UH, THIS WAS A CONTINUED CASE, A CONTINUANCE, OKAY. MM-HMM . SO, OKAY. UM, UM, IT WAS READVERTISED BECAUSE IT WAS, UH, CLOSER YEAH. THAN THE ORIGINAL, UH, ONE FOOT. SO WE, IT WAS CONTINUED FOR A MONTH, BUT WE READVERTISED IT TO MAKE IT MORE ACCURATE. OKAY. HAVE THE APPLICANT COME FORWARD? MR. CHAIRMAN, HONORABLE MEMBERS OF THE COMMISSION. MY NAME IS JOSE GALLEGOS. MY ADDRESS IS TWO 14 WEST ACADEMY, SAN ANTONIO, TEXAS. AND, UH, THANK YOU. THIS IS, THIS IS, UH, A CONTINUANCE FROM 30 DAYS AGO. UH, WHICH TIME, UH, THERE WAS SOME CONCERN ABOUT THE POSSIBLE DRAINAGE OR RUNOFF, UH, FROM THE ADDITION THAT WAS, THAT WAS CREATED. UM, UH, I'M HAPPY TO REPORT THAT THE PROPERTY OWNER WHO IS HERE TODAY INCIDENTALLY AND WILL BE, UH, SPEAKING, UH, ON HIS, UH, ON HIS CASE, UH, CONSTRUCTED THE, UM, UH, THE REQUESTED, UH, ITEM. AND, UH, IN ADDITION TO THAT, UH, A REQUEST WAS, UH, WAS MADE FOR THE PROPERTY OWNER ADJACENT TO THE SUBJECT PROPERTY ON THE EAST SIDE OF, UM, OF THE SUBJECT PROPERTY. THE HOMEOWNER, UH, MS. PAUL IBARRA, UH, AGREED TO WRITE A LETTER AND WAS SUBMITTED TO STAFF, UH, TO DISTRIBUTE TO THE BOARD, UH, IN WHICH SHE PROVIDES, UH, SUPPORT FOR THE APPLICATION AND AGREES TO ALLOW THE APPLICANT, UM, UH, ACCESS TO THE PROPERTY IN THE EVENT THAT ANY FUTURE, UH, CONSTRUCTION OR REPAIRS NEED TO BE MADE. NOW, UH, AS WAS INDICATED, UH, ORIGINALLY, UM, THE APPLICATION, UH, WAS DONE THROUGH, UH, A SERIES OF PERMITTING. HOWEVER, IT WAS INDICATED, [00:45:01] UH, THE PERMIT, UH, IN THE CONSTRUCTION WAS MISSED. SO, UH, THAT'S WHY WE'RE HERE TODAY. UH, WE'VE MADE CONSIDERABLE, UH, EFFORT TO SPEAK WITH THE SURROUNDING PROPERTY OWNERS, THE RESIDENTS, THEY ALL ARE IN FAVOR, UH, OF THE APPLICATION. AND, UH, WE FEEL THAT, UH, NOT ONLY DO WE HAVE THEIR SUPPORT, BUT, UH, WE ALSO FEEL THAT IT'S NOT GOING TO, UM, COMPROMISE THE INTEGRITY OF THE NEIGHBORHOOD, UH, AND, UH, WILL NOT BE, UH, A HARDSHIP TO ANYONE IN PARTICULAR. SO, UH, WE PRAY FOR YOUR APPROVAL, AND I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE. ALL RIGHT. UM, ANY QUESTIONS FROM THE COMMISSION? SO I HAVE A, UH, ANY VOICEMAILS OR ANYONE CENTERED TO SPEAK? WANT A VOICEMAIL? OKAY. WE'LL HEAR THE VOICEMAIL, PLEASE. MY NAME IS A FORTENBERRY. I LIVE AT 2 6 9 UTOPIA SAN ANTONIO, SEVEN EIGHT TWO TWO THREE. MY PHONE NUMBER IS (210) 383-2011. I'M CALLING REGARDING THE CASE NUMBER B OH A DASH 25 DASH 1 0 3 1 DIS DISREGARD. WE DON'T, THERE'S NO VOICEMAIL FOR THIS ONE. ALL RIGHT. UH, HELLO, CAN YOU HEAR ME? YES. YES, SIR. UH, WE'RE GONNA HAVE YOU ON THE NEXT CASE, COMMISSIONER VAZQUEZ. ALRIGHT. OKAY. I'M STANDING BY. THANK YOU. SO, MY, MY, UH, QUESTION IS THAT THE LAST TIME YOU WERE HERE, I WAS LOOKING FOR A RECORDED ACCESS AGREEMENT, NOT A LETTER IN SUPPORT OF ONE. DO YOU HAVE A RECORDED ACCESS AGREEMENT? UH, WE ARE PREPARED TO DO THAT, UH, MR. CHAIRMAN, AND WE WOULD DO THAT POST HA PRIOR TO, UH, GOING TO THE CITY COUNCIL. I'M JUST LETTING YOU KNOW THAT IF IT DIDN'T, IT DOESN'T GO TO CITY COUNCIL. IT JUST, IT STOPS HERE. SO THIS ISN'T A RECOMMENDATION, THIS IS AN ACTUAL DECISION. AND SO WITHOUT THAT, UM, I'M WITHOUT THAT SORT OF A DOCUMENT, I, I CAN'T BE IN SUPPORT OF YOUR CASE TODAY. WELL, I'D BE HAPPY TO, TO ASK FOR A TWO WEEK CONTINUANCE IN ORDER TO GET A RECORDED STATEMENT. WELL, I DO HAVE A NOTARIZED LETTER. I'M ONLY ONE VOTE. SO, YOU KNOW, I, I'D LIKE TO HEAR WHAT THE REST OF THE COMMISSION THINKS, BUT THAT'S JUST WHAT I, MY THOUGHT IS, AND, AND AGAIN, I, I APOLOGIZE FOR THE MISUNDERSTANDING. I UNDERSTAND THAT, UH, I DID ATTEMPT TO DO A RECORDING, BUT I NEEDED TO GET A CLARIFICATION, UH, FROM YOU. AND THE PROPERTY OWNER, UH, IS AGREEABLE TO, UH, TO A, A LEGAL RECORDING. OKAY. UH, ANY COMMISSIONER QUESTIONS? YEAH, I'LL JUST SAY I AGREE WITH THE CHAIRMAN THAT WE NEED THAT EASEMENT PROPERLY DOCUMENTED. YES. AND, YOU KNOW, IF THAT MEANS A CONTINUANCE, FINE, WE'LL CONTINUE IT ANOTHER TWO WEEKS. COMMISSIONER MANNA. AND THEN I, I DIDN'T QUITE UNDERSTAND THE POINT MADE WITH REGARDS TO THE WATER RUNOFF AND HOW IT WAS THAT THAT WAS PROTECTING THE, THE, THE ABUTTING PROPERTY. AND, AND I THINK YOU KIND OF INDICATED THAT THERE WAS MITIGATION BEING DONE OR SOMETHING ALONG THAT LINE, AND I DIDN'T QUITE UNDERSTAND WHAT THAT MITIGATION WAS, JUST SO THAT, UM, YEAH, I STILL, I, IN RESPONSE TO YOUR, YOUR COMMENTS, I'M STILL, UH, UNCLEAR AS TO THE MITIGATION OF, UH, THE, THE RUNOFF FROM THE ALLEY, I THINK IS WHAT THEY WERE REFERRING TO. UH, MY COMMENT WAS REGARDING THE, UH, UH, THE RUNOFF FROM THE PROPERTY, FROM THE ACTUAL ROOF OF THE PROPERTY. SO, UH, THERE WAS, DOES YOUR GUTTERS, DOES YOUR APPLICATION INCLUDE GUTTERS? SIR? UH, DOES YOUR APPLICATION INCLUDE THE PROVISION OF GUTTERS? IT DID NOT, BUT AT YOUR REQUEST, YES, I KNOW. HI, MS. DESIREE . UHHUH, IF YOU CAN MAYBE MUTE HIM. YEAH. THANK YOU. UM, SO IF DOES YOUR APP, IF YOU WOULD LIKE TO, UH, ADJUST YOUR APPLICATION TO INCLUDE GUTTERS, THAT MIGHT BE SOMETHING APPROPRIATE, UH, FOR THE COMMISSION, [00:50:01] BUT, YOU KNOW, WE CAN'T PUT CONDITIONS LIKE THAT ON THERE. OKAY. WELL, UH, IT, IT, THAT WAS DONE AT YOUR REQUEST. YOU WERE REQUESTING, UH, GUTTERS BE, BE INSTALLED. WELL, WE CAN'T, WE CAN'T IION IT'S, WE'RE WE, WERE JUST EXPRESSING WHAT THIS COMMISSION YOUR CONCERN OR YOUR, I UNDERSTAND. SEES AS A, AS A WAY TO MITIGATE RUNOFF. BUT IF, IF YOU COME BACK IN TWO WEEKS, THOSE ARE THE KIND OF THINGS, THINGS WE'RE LOOKING AT IS, IS HOW DOES YOUR APPLICATION MITIGATE, RUN THE RUNOFF? OKAY. UH, WHETHER IT'S, IT COULD HAVE GUTTERS, YOU COULD GET A DRAINAGE EASEMENT FROM YOUR NEIGHBOR WHILE YOU'RE GETTING AN ACCESS EASEMENT. THERE COULD BE, YOU KNOW, WHATEVER YOU DEEM APPROPRIATE FOR THIS COMMISSION TO LOOK AT. UH, AND, UM, BUT REALLY THE ACCESS EASEMENT IS WHAT DOES IT FOR ME. IS THERE ANY OTHER COMMISSIONERS THAT, OTHER THAN, UH, MYSELF AND COMMISSIONER BARRINGTON, THAT WERE LOOKING FOR AN ACCESS AGREEMENT? UH, I JUST WANNA CLARIFY, I UNDERSTOOD THAT THE GUTTERS ALREADY IN PLACE, RIGHT? HE CONSTRUCTED THE GUTTERS, OR THEY, YET THE GUTTERS, THEY'RE IN PLACE ALREADY, RIGHT? YES. HE PUT THE GUTTERS IN YES. ALREADY. YEAH. OKAY. SO THEN THAT'S WHAT I UNDERSTOOD. YEP. OKAY. COMMISSIONER BEES. UH, I, I WOULD'VE TO AGREE WITH MY COLLEAGUES. I DO. UH, I WOULD LIKE TO SEE RECORDED AGREEMENT AS WELL. OKAY. ALL RIGHT. SAME. RIGHT. THANK YOU. SO IT'S TYPICALLY WHAT YOU WOULD SEE ON A ZERO LOT LINE, A RECORDED ACCESS AND MAINTENANCE AGREEMENT, UH, FROM THE NEIGHBOR. SO IF YOU WANT ANY GUIDANCE ON THAT, YOU CAN TALK TO STAFF. BUT THAT IS COMMON TO SEE SUCH A THING WITH A ZERO LOT LINE. SO LET'S HAVE A, UH, UM, CONTINUES TO THE 24TH. IS THAT ADEQUATE TIME FOR YOU? THAT'D BE FINE. OKAY. ALRIGHT. IS THERE A MOTION TO CONTINUE THIS CASE TO FEBRUARY 24TH? SO MOVED. OKAY. ALL RIGHT. IS THERE A SECOND? SECOND. SECOND. SECOND BY COMMISSIONER BETIS. ALL IN FAVOR SAY AYE. AYE. ANY OPPOSED? HEARING NONE. MOTION CARRIES. UH, WE ARE GONNA NOW GO TO ITEM NUMBER SEVEN. THANK YOU VERY MUCH. THANK YOU. UH, CHAIR. YES. WHO'S ASKING? THE AUDIO HAS BEEN TURNED OFF. ARE YOU TALKING MY, MY MICROPHONE? YES. THE, THE ENTIRE BOARD WAS TURNED OFF. AND IN ADDITION, THE VIDEO HAS, HAS GOTTEN VERY BLURRY. OKAY. I CAN'T READ ANY OF THE SLIDES. UH, IF WE COULD TAKE A MOMENT, UH, IS THERE SOMEONE THAT CAN HELP? UH, COMMISSIONER BRAGMAN. WE JUST HAD A VOICE VOTE THAT WE CAN JUST SAY 10 PASSED. 10 AGREED FOR THE CONTINUANCE. THAT'S FINE. YEAH, I WAS IN AGREEMENT, BUT AGAIN, IT WAS ALL GOOD, SO I COULDN'T HEAR ANYTHING. OKAY. THE SAME IS OCCURRING OVER HERE IN MY, IN MY CONNECTION. UH, DIVERSE, UH, IS, IS BREAKING THE AUDIO BREAKS A LOT, AND, AND, AND I AGREE WITH MS. BERGMAN. OKAY. THE CHARTS ARE VERY BLURRED. OKAY. AND WE'RE GONNA TAKE A THREE MINUTE BREAK, AND MAYBE Y'ALL SHOULD, UH, LOG OFF AND LOG BACK IN, SEE HOW THAT WORKS. UH, AND ONCE, ONCE WE'VE, ONCE Y'ALL ARE IN, THEN WE'LL, WE'LL MOVE ON. OKAY. THANK YOU. VERY GOOD. TAKE THREE MINUTES HERE. ITEM FOUR. SO FOR ITEM FOUR, WE'RE REPLACING, UH, COMMISSIONER VASQUEZ WITH COMMISSIONER BRAGMAN. DUE TO TECHNICAL DIFFICULTIES. JUST TO MAKE SURE EVERYONE'S AWARE, WE'LL HAVE 11 MEMBERS SEATED. ITEM NUMBER FOUR, BO A DASH TWO FIVE DASH 0 3 0 0 0 0 1. ADDRESS IS 180 3 ATLAS STREET COUNCIL. DISTRICT THREE APPLICANT. TERRY FRAY REQUEST IS FOR A TWO FOOT FENCE HEIGHT, SPECIAL EXEMPTION FROM THE MAXIMUM SIX FOOT HEIGHT TO ALLOW AN EIGHT FOOT PRIVACY FENCE ALONG THE REAR YARD, BUTTING THE NORTHERN PROPERTY LINE TO A FIVE FOOT FENCE HEIGHT, SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT HEIGHT TO ALLOW AN EIGHT FOOT PRIVACY FENCE ALONG THE FRONT YARD, NOT TO PASS THE FRONT FACADE AT THE NORTH NORTHERN PROPERTY. UH, NEIGHBOR THREE, A FOUR FOOT, 11 INCH SIDE SETBACK VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW ACCESSORY STRUCTURE TO BE ONE INCH FROM THE SIDE PROPERTY LINE. AND A THREE FOOT SIX INCH REAR SETBACK VARIANCE FROM THE MINIMUM FIVE FOOT REAR SETBACK TO ALLOW AN ACCESSORY STRUCTURE TO BE ONE FOOT SIX INCHES FROM THE REAR PROPERTY. LINE ZONING IS R FOUR. SUBJECT PROPERTY IS LOCATED ALONG ATLAS STREET, SOUTH OF I 37, INTERSTATE 37, LOCATED WITHIN THE HIGHLAND HILLS NEIGHBORHOOD ASSOCIATION. THE [00:55:01] APPLICANT HAD A FENCE CONSTRUCTION WITHOUT A PERMIT, AND WAS ISSUED A VIOLATION NOTICE BY CODE ENFORCEMENT. THE APPLICANT CONSTRUCTED AN EIGHT FOOT PRIVACY FENCE, ONLY SPANNING THE LENGTH OF THE PROPERTY LINE, BORDERING THE NEIGHBORING HOME WITH THE STATED PURPOSES OF PROVIDING PRIVACY AND SECURITY AGAINST NEIGHBORING CAMERAS AND BRIGHT LIGHTS. UPON SITE VISIT, STAFF IDENTIFIED A SHED WITHIN THE SETBACK IN THE REAR YARD, AND IN ADDITION, AND ADDED IT TO THE AF ADDED IT AFTER CONSULTATION WITH THE APPLICANT, THERE IS A VACANT STRIP OF LAND THAT IS UNABLE TO BE DEVELOPED IN THE CURRENT FORM, APPROXIMATELY 25 FEET WIDE BEHIND THE PROPERTY AND SURROUNDING PROPERTIES OWNED BY NEIGHBORING 2 69 UTOPIA LANE LANE. THIS IS A SITE PLAN SUBJECT PROPERTY, A FENCE HEIGHT SURROUNDING AREA, STAFF RECOMMENDATION FOR THE SIDE AND REAR SETBACK FOR AN ACCESSORY STRUCTURE. STAFF RECOMMENDATION FOR THE SIDE SETBACK FOR ACCESSORY STRUCTURE, STAFF FI, UH, RECOMMENDS DENIAL AND BO OA DASH 25 DASH 0 3 0 0 1. BASED ON THE FOLLOWING FINDINGS OF FACT, ONE IS SUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE SAFETY CONCERNS TO THE REQUESTED VARIANCE WILL ALTER THE CENTRAL CHARACTERS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF'S RECOMMENDATION FOR THE REAR SETBACKS FOR THE ACCESSORY STRUCTURE STACK, REF STAFF RECOMMENDS APPROVAL AND BO OA TWO FIVE DASH 0 3 0 0 0 1, UH, ONE FOR SUFFICIENT SIGNIFICANT SUFFICIENT F SPACE EXISTS ON THE STRUCTURE IN THE REAR. AND AN UNDEVELOPABLE VACANT LOT WAS ESTABLISHED IN THE REAR OF THE PROPERTY STAFF'S. RECOMMENDATION FOR THE FENCE HEIGHT, SPECIAL EXCEPTION STAFF RECOMMENDS APPROVAL AND BO OA DASH TWO FIVE DASH 0 3 0 0 0 0 1. UH, ONE. THE FENCE HEIGHT IS LIMITED TO THE NEIGHBORING FRONT FACADE AND WILL PROVIDE ADDITIONAL PRIVACY AND SECURITY. AND TWO, THE REQUESTED VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF MAILED 12 NOTICES. ZERO IN FAVOR, ONE IN OPPOSITION, AND NO RESPONSE FROM THE HIGHLAND HILL NEIGHBORHOOD ASSOCIATION. THIS IS THE, UH, RESPONSE. THIS CONCLUDES STAFF'S PRESENTATION. APPLICANT IS AVAILABLE. ALL RIGHT. LET'S HAVE THE APPLICANT COME FORWARD. HELLO, STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. UM, MY NAME IS TERRY FRY. I LIVE AT 180 3 ATLAS STREET, 7 8 2 2 3. AND, UM, I'M VERY NERVOUS ABOUT ALL OF THIS BECAUSE I, I'M, AND PLEASE EXCUSE ME, I LOST MY MOTHER RECENTLY. SO, UM, UM, I, UH, DIDN'T KNOW WHAT TO DO ABOUT, UM, MY NEIGHBOR IS LIKE, UM, THREE FEET AWAY FROM THE PROPERTY LINE AND THERE WERE CAMERAS, UH, SECURITY CAMERAS ON THE, ON THE UNDER THEIR EVE. AND, UM, I THOUGHT THAT WHEN I HAD THE HOUSE BUILT, UM, THAT MAYBE THEY WOULD TAKE THOSE CAMERAS DOWN, YOU KNOW, I DIDN'T KNOW. UM, BUT THEY NEVER DID. AND I REALIZED AFTER SIX YEARS AND MY MOTHER'S PASSING THAT, YOU KNOW, I THINK I'M TIRED OF BEING, FEELING WATCHED, YOU KNOW? NOW, I DON'T THINK IN TERMS OF ADVERSARIAL, UH, WHERE I WAS SUPPOSED TO CALL AND FIND OUT, UH, HE OWNS A CONSTRUCTION COMPANY AND I THOUGHT IT MUST BE LEGAL. YOU KNOW, THERE MUST NOT BE A PROBLEM WITH IT. AND SO I DIDN'T KNOW. AND THE REPUTABLE, UH, COMPANY THAT I USED, UH, WHICH I WOULD RECOMMEND TO ANYONE HERE, AND HIS, THE SALESMAN AS WELL, HE JUST NEGLECTED TO MENTION THAT AN EIGHT FOOT FENCE WOULD NEED A VARIANCE. AND, AND I DIDN'T KNOW, I DIDN'T KNOW WHAT TO DO. I'VE TRIED TO NAVIGATE THE DSD SITE AND SOMETIMES THE TERMS ARE CONSTRUCTION, TRADE ORIENTED, AND, UM, UM, IN WAYS WHERE I, I DON'T KNOW IF I'M, WHAT I'M LOOKING FOR, IF I'M EVEN IN THE RIGHT SPOT. AND WHEN I TRY TO, UH, CALL FOR HELP AND NAVIGATING THE SITE, I WAS TOLD TO LEAVE A MESSAGE BECAUSE THE PERSON WAS NOT AVAILABLE. SO I DON'T EVEN KNOW WHAT I'M LOOKING FOR. AND I'M, I'M REALLY TERRIFIED NOW THAT I'M GONNA BREAK CODES AND, AND NOT KNOW, 'CAUSE I DIDN'T, I DIDN'T KNOW TO ASK. UM, I PUT THAT TOUGH SHED IN. UM, AND IT'S ABOUT A FOOT FROM THE FENCE. UM, I PUT THAT [01:00:01] TOUGH SHED IN, IN, UH, 2022, I THINK. I THINK 2022. AND AGAIN, NO, I HAD NO IDEA ABOUT VARIANCES, UH, AWAY FROM FENCES OR ANYTHING. UM, UH, I DON'T HAVE A GARAGE. UM, THAT'S THE ONLY, UM, STORAGE I HAVE FOR A LAWNMOWER AND THINGS LIKE THAT. UM, AND I, I REALLY DID DO IT OUT OF NAIVETE. I, I DIDN'T KNOW, I, I'M VERY SORRY THAT I'M EMOTIONAL. I'M VERY, VERY SORRY. I APOLOGIZE. I JUST, I JUST FEEL KIND OF OVERRULED. IT'S OVERWHELMING. YEAH, OVERWHELMING NOW. IT'S OVERWHELMING NOW. JUST DON'T WORRY. WE, IT'S, YOU'RE NOT THE ONLY PERSON THAT COMES HERE FEELING LIKE THAT. OKAY. THANK YOU. AND I REALLY DO APPRECIATE THE BOARD'S TIME, AND I REALIZE THAT THIS IS ABOUT KEEPING THE CITY, UM, FOR, FOR THE RESIDENTS AND FOR KEEPING IT A PLACE THAT WE ALL WANNA LIVE AND WATER RUNOFF AND DRAINAGE AND, AND ACCESS TO FIRE AND EVERYTHING. AS A MATTER OF FACT, I HAVE DELIBERATELY MADE ONE ASPECT ON THE OTHER SIDE OF MY HOUSE TO WHERE A BIG TRUCK COULD GET THROUGH THERE INTO THE BACK. UM, THE ONLY THING AT THE REAR END OF THE BACK OF THE PROPERTY IS A FENCE THAT THE 2 69 NEIGHBOR PUT UP. SO THAT, I DON'T KNOW ABOUT VARIANCES ABOUT THAT REAR SECTION, BUT I KNOW THAT THE, UM, UH, SEE THEY'RE, THEY'RE VERY CLOSE . AND, UH, SO I, I ASSUME THAT'S MY MOTHER'S PROPERTY. AND, UM, I'M RIGHT NEXT DOOR ON A LOT, UH, THAT WE, UM, THAT I HAD A SMALL A DA COMPLIANT HOUSE BUILT AFTER REPAIRS FOR MY MOM'S PROPERTY. UM, WE WERE, WE SUFFER FROM CONTRACTOR FRAUD FOR ABOUT $7,000. AND SO WE DECIDE, I DECIDED TO TAKE MY SAVINGS AND INSTEAD OF WORRYING ABOUT FIXING AN OLD 82-YEAR-OLD HOUSE, THAT I WOULD JUST BUY A LITTLE YARD, UH, BUILD, UH, UH, A SMALL HOUSE. AND IT WAS COMPLETED IN SPRING OF 2019. THERE ISN'T EVEN A SEWER LINE IN FRONT OF ATLAS ON THAT STREET. THERE'S NOT EVEN A SEWER LINE. I HAD TO GET AN EASEMENT, 160 FOOT EASEMENT THROUGH MY MOTHER'S PROPERTY THAT I'M ABOUT TO SELL ALL THE WAY UP TO, TO UTOPIA LANE WHERE THERE IS A SEWER LINE, APPARENTLY DOWN ON ATLAS FROM UTOPIA LANE DOWN ON ATLAS AFTER THE 1930S, AFTER THE WAR, UH, THE FARMERS IN THE AREA DECIDED TO SELL OFF PARCELS, AND THE VETS CAME BACK FROM WAR AND THEY BEGAN TO BUILD HOUSES. AND SO IN ITS WISDOM, THE CITY APPARENTLY IN 1948 IN THE MIDDLE OF THE STREET DECIDED TO PUT A SHORT MAIN SEWER LINE. AND IT GOES ALL THE WAY DOWN TO THE END OF THE STREET. THERE ARE MORE HOUSES ON THAT SMALL SEWER LINE THAT IS NOW DATED FROM 1948. THERE IS NO SEWER ACCESS IN FRONT OF MY HOUSE FOR TWO AND A HALF BLOCKS. AND THIS, I'M SORRY, BUT IN CONSIDERING THAT I WAS IGNORED BY THE SAWS AND EVERY OTHER COUNCIL MEMBER I WENT TO, I GUESS I JUST DIDN'T FEEL THAT IT, I DIDN'T THINK A FENCE WOULD BE THAT BIG A DEAL , YOU KNOW, WHEN YOU THINK ABOUT HEALTH AND SANITATION ISSUES. UM, SO I HAVE A HUNDRED AND I TRIED TO BUILD INFILL HOUSING, SOMETHING THAT WOULD BE A DA COMPLIANT. AND FOR MY TROUBLE, UH, I NOT ONLY SUFFERED CONTRACTOR FRAUD FROM THE FIRST TIME I TRIED TO BUILD A HOME, BUT ALSO, UM, 160 FOOT EASEMENT. AND THAT IS THE SEWER INFRASTRUCTURE FOR THIS STREET OF 10 HOMES AND THREE VACANT LOTS, UM, IN 2025. AND I CAN TO SOME SAWS IS OFTEN CALLED OUT THERE MANY TIMES TOWARDS THE END OF THE STREET. IT SMELLS LIKE SEWERS SOMETIMES WHEN WE GO OUTSIDE AND THESE OTHER HOMEOWNERS HAVE NO IDEA THAT THEY ARE STRAINING A PIPELINE THAT IS ALREADY ANCIENT. AND I REALIZE I'M OFF THE TOPIC, BUT I FELT LIKE THAT NEEDED TO BE SAID TO SOMEBODY AT THE CITY THAT MIGHT CARE BECAUSE EVERYBODY I'VE WRITTEN MY COUNCIL CITY MEMBER, NOBODY, NOBODY RESPONDED. AND I GUESS WE'RE JUST GONNA HAVE TO WAIT TILL SEWAGE IS JUST LITERALLY IN THE STREET BEFORE SOMEBODY CONTACTS SAUCE. YEAH. WE, WE NEED TO GET BACK ON, ON PLATE. OKAY. OKAY. I MEAN, YEAH. ALRIGHT, THANK YOU. SO, UH, QUICK [01:05:01] QUESTION. HOW BIG IS YOUR, UH, SHED? MY SHED IS EIGHT BY 10. EIGHT BY 10. OH EIGHT BY 12, I THINK. YEAH. EIGHT BY 12. IS IT, IS IT 12 FOOT, UH, AGAINST THE BACK PROPERTY LINE OR THE SIDE PROPERTY LINE? IT'S THE SIDE PROPERTY LINE WHERE THE FENCE IS. YEAH. IT'S NOT EVEN NEAR THE REAR END OF THE PROPERTY, IT'S JUST, YEAH. OKAY. , AND THEN I, UH, YOU'RE AT, SO YOUR, YOUR, I GUESS YOUR SHED IS, IS DRAINING WATER ONTO THE NEW FENCE THAT YOU JUST BUILT OR WHAT? NO, NO, NO, NO, NO, NO, NO. THE NEW FENCE GOES DOWN TO THE SHED AND STOPS. OH, OKAY. YEAH. THERE'S ONLY THE FRONT PART OF MY NEIGHBOR'S HOME. I WANTED TO MAKE SURE THAT THEY HAD SIGHT INTO THE STREET. I CERTAINLY DIDN'T WANNA BLOCK THEIR VIEW. AND I HAD, UH, AND I DIDN'T NEED IT ANY FURTHER DOWN BECAUSE I WAS JUST WANTING TO SHIELD FROM THE CAMERAS AND MOTION SENSOR LIGHTS. AND THEY HAVE A STREETLIGHT FAD FACING THE PROPERTY. AND, UH, SO THEY'RE, THEY'RE VERY CONCERNED ABOUT SECURITY. OBVIOUSLY IS, IS THERE ANY COMMISSIONER QUESTIONS FOR THIS APPLICANT? HUMANA. SO DO YOU KNOW WHAT THE DISTANCE IS BETWEEN, UH, THE NEIGHBOR'S HOUSE AND THE FENCE LINE THERE? IT LOOKS LIKE IT'S THREE FEET. IT'S THREE FEET. IT'S THREE FEET. AND SO, SO THAT'S PRETTY NARROW THERE, SO YEAH. YEAH. THERE'S A FENCE OR THEY HAVE A GATE THERE IN THE FRONT AND IT LOOKED LESS THAN FIVE FOR SURE. YEAH, IT'S, IT'S THREE FEET AND APPARENTLY, UM, AND THEY'RE LIKE 11 FEET. I CAN SEE THE CAMERAS FROM MY ROOM, FROM MY BEDROOM AND MY BATHROOM, AND I DIDN'T KNOW IF THERE WERE VARIANCES REGARDING PROXIMITY OF, OF, UH, CAMERAS TO, FROM ONE RESIDENTIAL HOME TO ANOTHER. I DIDN'T KNOW IF THERE WERE, I, I DIDN'T THINK THERE WAS, I THOUGHT, AS LONG AS THE CAMERA'S ON YOUR PROPERTY. YEAH. BUT THIS IS RIGHT UNDER THE EVE AND ONLY 11 FEET AWAY. AND I MEAN, YOU COULD, I DIDN'T KNOW WHAT THEY WERE RECORDING , YOU KNOW? RIGHT. OKAY. UH, ANY OTHER QUESTIONS, UH, STAFF? IS THERE ANYONE TIME TO SPEAK ANY VOICEMAILS? ONE VOICEMAIL. LET'S HEAR THE VOICEMAIL. MY NAME IS A FORTENBERRY. I LIVE AT 2 6 9 UTOPIA SAN ANTONIO, SEVEN EIGHT TWO TWO THREE. MY PHONE NUMBER IS (210) 383-2011. I'M CALLING REGARDING THE CASE NUMBER BO A DASH 25 DASH 1 0 3 1 0 3 0 0 0 0 1. MY NAME IS ALAN FORTENBERRY. I OWN AND RESIDE AT 2 6 9 UTOPIA LANE, SAN ANTONIO, AND MY PROPERTY OF BUTTS. THE PROPERTY REQUESTING THE VARIANCES IN THE FENCE ORDINANCE, I'M ADAMANTLY OPPOSED TO ERECTING AN EIGHT FOOT FENCE IN VIOLATION OF THE CITY ORDINANCE. I FEEL AN EIGHT FOOT FENCE CREATES AN EYESORE. IT ALSO HURTS THE CHARACTER OF THE NEIGHBORHOOD. IT SEEMS TO ME THAT SUCH OFFENSE WOULD SERVE NO PURPOSE WHATSOEVER. HOWEVER, THE DETRIMENTAL SIDE IS OBVIOUS TO THE EYE AND SOME THINGS THAT ARE NOT SO EASY TO IMAGINE. I BELIEVE IT WOULD LIKELY HURT PROPERTY VALUES BY CHANGING THE VISUAL APPEAL OF THE NEIGHBORHOOD, THE NEIGHBORING HOMES. FURTHER, NO ONE ELSE IN THE NEIGHBORHOOD HAS SEEN THE NEED TO ERECT AN EIGHT FOOT FENCE. THIS WOULD SET A BAD PRECEDENT, SHORT TERM OR LONG. THIS IS NOT GOOD FOR OUR AREA. THIS IS A CENTURY OLD NEIGHBORHOOD AND HAS DONE FINE WITH RESIDENTS BEING PROUD OF THEIR HOMES AND I WOULD HATE TO SEE THAT DIMINISHED OR UNDERMINED. THANK YOU. THAT'S ALL THE PUBLIC COMMENT. ALRIGHT, SO IS THERE, UH, ANY QUESTIONS? I THINK THAT WAS IT. MY NEIGHBOR, UH, WHO IS, YEAH, 2 6 9 ETHIOPIA. IS THERE ANY QUESTIONS FOR THE APPLICANT? YEAH, MR. BAR. UH, QUESTION ABOUT THE, THE SHED. WHAT KIND OF, UH, FOUNDATION IS THAT ON? IT'S GOT A LITTLE, UH, CEMENT FOUNDATION. UH, WELL, NO, ACTUALLY IT IS ON, UM, UM, IT'S GOT, UM, IT WAS INSTALLED BY HOME DEPOT. IT'S A TOUGH SHED AND UH, IT'S GOT LIKE LITTLE CINDER BLOCKS AND IT WAS ALL LEVELED DOWN AND, AND EVERYTHING. OKAY. WHAT I'M, WHAT I'M TRYING TO GET AT IS, CAN IT BE MOVED? UH, UH, I DON'T, I, I, I, I THINK IT COULD. OKAY. I, I JUST, IT'S A FOOT AWAY FROM THE PROPERTY LINE AND I DIDN'T KNOW THAT I NEEDED A VARIANCE FOR IT, BUT THAT'S GONNA BE A COST A LOT OF MONEY. OKAY. ANY OTHER QUESTIONS? CRUZ? COMMISSIONER CRUZ. AND THEN I'VE GOT A QUESTION FOR STAFF. NOW. IF WE BRING DOWN THE FENCE TO SIX FEET, IS THERE ANY WAY THE [01:10:01] NEIGHBOR CAN STILL SEE THE CAMERAS, CAN STILL SEE THE NEIGHBOR IF THE FENCE IS DOWN TO SIX FEET? YES. UM, FROM WHAT WE SAW ON OUR SITE VISITS, IT LOOKS LIKE IF YOU PUT DOWN THE FENCE ANY LOWER, UM, THE CAMERAS, UH, WILL BE IN VIEW OF THE, UH, NEIGHBORING PROPERTY. UM, IF I REMEMBER CORRECTLY, I THINK THE APP CAN PROBABLY SPEAK BETTER THAN I CAN ON THAT, BUT FROM WHAT I REMEMBER FROM SITE VISITS, YES. IF YOU LOWER FENCE, I THINK YOU ARE EXPOSING THE WINDOWS AND A LOT MORE OF THE PROPERTY. ALRIGHT, THANK YOU COMMISSIONER ZUNA. MY QUESTIONS FOR STAFF AS WELL. JUST, UH, CURIOUS HOW, HOW THIS CASE WAS ORIGINATED. UH, ITS CO COMPLIANCE, UH, BROUGHT THIS CASE OVER. SO SOMEBODY CALLED IN THE CO COMPLIANCE OR IT JUST WERE DRIVING BY OR IS THERE A WAY TO, UM, EITHER SOMEBODY CALLED IN YEAH. OR THEY WERE, UM, OR THEY WERE, UH, DRIVING BY, BUT THIS INITIATED FROM CODE OF COMPLIANCE. THANK YOU. ALRIGHT, ANY OTHER QUESTIONS? BANA, COMMISSIONER MEDA? SO, AND JUST TRYING TO UNDERSTAND, SO, SO THE VARIANCE WE'RE LOOKING FOR WITH REGARDS TO THE FENCE HEIGHT IS, IS JUST FOR THE EXISTING STRUCTURED, UH, FENCE AS IT EXISTS ON THE SIDE PROPERTY LINE AND NOT ON THE BACKSIDE? ABSOLUTELY, YES SIR. AND SO, SO, SO, SO THE, UH, PERSON THAT CALLED IN ESSENTIALLY WAS ON THE BACKSIDE AND SO IT'S NOT REALLY IMPACTING HIM FROM THE FENCING PERSPECTIVE OUTSIDE OF, UH, UM, ALONG THAT ONE SIDE. CORRECT. I JUST WANNA MAKE SURE THE ONLY, YEAH, THE ONLY PERSON AFFECTED BY THIS, BY THIS REQUEST IS THE PROPERTY TO THAT YOU SEE RIGHT THERE TO THE RIGHT NORTH OF THEM. ALL RIGHT. AND, AND THEN ONE MORE QUESTION. SO, UM, SO THERE'S A, UM, UM, ADMINISTRATIVE VARIANCE I GUESS THAT'S, UH, ALLOWED WITH REGARDS TO FENCE I. AND SO, SO IF IT IS SIX FOOT AND, AND IT'S SIX FOOT, SIX INCHES, IS THAT KIND OF ALLOWED VARIANCE WITH REGARDS TO HEIGHT OR, YEAH, SO SHE CAN, IF THIS IS DENIED, SHE CAN APPLY FOR A SIX INCH ADMINISTRATIVE VARIANCE AND WE CAN LOOK AT THAT. UM, BUT WE CAN ONLY APPROVE UP TO SIX INCHES ADMINISTRATIVELY. OKAY. THANK YOU. QUESTION? YES, COMMISSIONER GOMEZ STAFF AS WELL. WHAT IS THE REQUIREMENT OR THE SQUARE FOOTAGE FOR A S**T THAT REQUIRES A PERMIT FROM, UH, 300 OVER A HUNDRED SQUARE FEET OR 300 SQUARE FEET? 300 SQUARE FEET TO REQUIRE A PERMIT. HOWEVER, WHETHER THEY REQUIRE PERMIT OR NOT, THEY STILL NEED TO MEET WITHIN A SETBACKS TEN FOUR. THAT'S WHAT I HEARD, BUT I WAS HEARING THERE WAS A QUESTION AS FAR AS NOT GETTING A PERMIT FOR THE, FOR THE SHED. SO IF IT'S UNDER TWO SQUARE FEET, SHE'D NEED A PERMIT TO BEGIN WITH, RIGHT? CORRECT. YEP, SIR. OKAY. ANY OTHER QUESTIONS? ALRIGHT, SO WHAT WE'RE GONNA DO IS WE'RE GONNA, UH, LOOK FOR A MOTION TO DELIBERATE THIS THING, SEE HOW IT TURNS OUT. YOU'RE WELCOME TO TAKE A SEAT. OKAY. AND WE WILL JUST, UH, OKAY, LOOKING FOR A MOTION NOW WE'VE GOT FOUR ITEMS THAT'S BEING REQUESTED, TWO OR HEIGHT ISSUES AND, AND OKAY. TWO ARE SETBACK ISSUES, SO WE CAN HIT THE SETBACK ISSUES FIRST. UM, AS MENTIONED, THE TOUGH SHED IS EIGHT BY 12 WITH 12 FEET BEING ON THE SIDE PROPERTY LINE FOR IF, IF THAT MATTERS TO ANYONE WHO MAKES A MOTION. UM, AND WE CAN DO ANYTHING BETWEEN ONE INCH TO FIVE FEET. SO WHATEVER, WHO WHOMEVER FEELS, UH, WANTS TO TAKE A STAB AT THIS, LOOKING FOR A VOLUNTEER. AND JUST REAL QUICK, UH, COMMISSIONER BRAGMAN, UM, WE HAVE COMMISSIONER VASQUEZ IS THE 11TH ONE. THIS ONE ON THE NEXT CASE, HE'LL BE, OR WE'LL BE NEEDING YOU FROM THEN ON. SO YOU, YOU'LL BE THE 12TH ONE, SO YOU, YOU CANNOT BE, UH, BY THE VOTE. THIS ONE. ALL RIGHT. WHO'D LIKE TO MAKE A MOTION? ALRIGHT, I'LL TAKE A STAB AT IT IF NOBODY WANTS TO . UM, I'LL START OFF WITH A SETBACK. UH, ITEM NUMBER FOUR, UH, REGARDING CASE NUMBER BO EIGHT DASH 25 DASH 3 0 0 1, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A ONE A TWO FOOT SIDE SETBACK VARIANCE. SO THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ACCESSORY STRUCTURE TO BE THREE FEET FROM THE SIDE PROPERTY LINE AND TWO, A TWO FOOT, UH, REAR SETBACK VARIANCE FROM THE MINIMUM OF FIVE FOOT REAR SETBACK TO ALLOW AN ACCESSORY STRUCTURE LIMITED, A 12 FOOT BY 10 FOOT, UH, TO BE ONE TO BE TWO FEET FROM THE REAR PROPERTY LINE SITUATED AT 180 3 ATLAS STREET. APPLICANT BEING TERRY FRAY BECAUSE THE TESTIMONY PRESENTED US AND THE FACTS THAT WE HAVE DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISION 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 REQUESTED VARIANCES ARE NOT CONTRARY OF THE PUBLIC INTEREST, AS SUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE SAFETY CONCERNS IN THE SHED OCCUPIES MINERAL SPACE IN THE BACKYARD. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE [01:15:01] ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCES RESULT IN AN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD NEED TO RELOAD, TAKE THE STRUCTURE COMPLETELY. AND THE PRESENCE OF AN ACCESSORY STRUCTURES IN THE REAR SIGHT EFFECTS OF THE YARD IS NOT ON CHARACTERISTICS FOR THIS FOR THE NEIGHBORHOOD. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND THE SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED VARIANCES APPEAR TO BE IN THE SPIRIT OF THE ORDINANCE AS SUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE SAFETY CONCERNS. FURTHERMORE, OTHER SHEDS AND ACCESSORY STRUCTURES WERE SEEN WITHIN SETBACKS IN THE NEIGHBORHOOD AND AND NOT UNCHARACTERISTIC FOR THE DISTRICT IN WHICH THE PROPERTY IS LOCATED FOR THE VARIANCE UN AUTHORIZED THE OPERATION OF EASE 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, UM, WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER IN THE DISTRICT, WHICH THE PROPERTY'S LOCATED STAFF FINDS THAT THE VARIANCE WILL NOT SUBSTANTIAL INJURE THE APPROPRIATE USE OF THE ADJACENT PROPERTIES AS OTHER SHEDS IN THE NEIGHBORHOOD WERE SEEN WITHIN SETBACKS. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY OF WHICH THE VARIANCE IS SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL, ARE NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY IS THE SIZE AND DIMENSIONS OF THE LOT IN THE PRESENCE OF OTHER ACCESSORY STRUCTURES WITHIN SETBACKS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. END OF MOTION. SECOND. SECOND BY COMMISSIONER AMANDA. SO TO START OFF, UM, I READ THIS TO ALLOW IT, UH, THE, THE SHED TO BE THREE FEET TO THE REAR SIDE PROPERTY LINES. UH, I THINK SOME RELIEF IS IN ORDER TO THE DO SIZE OF THE LOT. UH, BUT IT, SHE, I I DON'T THINK ONE INCH IS APPROPRIATE AT ALL FROM THE SIDE. UH, I THINK THE NEIGHBOR ABUTTING IN THE REAR WITH THAT LITTLE AUGMENTED PIECE OF STRIP OF LAND THAT IS UNBUILDABLE WILL PROVIDE, UM, KIND OF A, I DON'T KNOW, AN UNPLANNED, UH, POTENTIAL SETBACK FROM WHATEVER COULD OCCUR ON AT 2 69 UTOPIA. SO, AS READ, I DON'T HAVE A PROBLEM, UM, WITH THE MOTION COMMISSIONER MANNA. SO, AND, AND, AND I GOT CONFUSED AS YOU'RE READING IT BECAUSE, UH, UH, THE NUMBERS KIND KIND OF FLIPPED OR I THOUGHT I HEARD 'EM FLIP. YEAH. MY INTENT WAS A TWO FOOT VARIANCE ON BOTH THE REAR AND THE SIDE BECAUSE SHE HAS TO MOVE IT ANYWAY. YES, I, YEAH. SO THAT'S WHAT I THOUGHT YOU WERE TRYING TO IMPLY, BUT I, THAT'S NOT QUITE, I THINK WHAT YOU READ, BUT APOLOGIZE IF I, IF I, NO WORRIES. OKAY. SO I WOULD CONCUR WITH THAT. OKAY. IS THERE ANY OTHER COMMISSIONERS THAT WOULD LIKE TO, UH, CHIME IN? BENAVIDES, COMMISSIONER BENAVIDES. SO IS THERE ANYONE HERE ON THE COMMISSION I WOULD LIKE TO ASK THAT WOULD LIKE TO, THAT WOULD AGREE TO LEAVE IT AS IS SO THAT SHE DOESN'T HAVE TO LEAVE IT? WELL, UH, I, I CAN'T AGREE WITH A ONE INCH SETBACK E ESPECIALLY WITH A PITCH ROOF LIKE THAT. IT JUST, I CAN'T, I CAN'T BE, I CAN'T BE IN, UH, IN SUPPORT OF THAT, ME PERSONALLY. AND IT'S NOT ON A CONCRETE FOUNDATION, IT'S ON, YOU KNOW, BASICALLY BLOCKS. SO IT'S NOT LIKE, IT'S NOT MOVABLE. ANYONE ELSE LIKE TO ADD? MAY I, I, I AGREE WITH BEDA THAT WE SHOULD KEEP IT. OKAY. IS, UH, COMMISSIONER GOMEZ? YES, SIR. UH, AS FAR AS THE SHED, THE SHED CAN BE MOVED IF IT, IF IT WAS MADE BY TOUGH SHED, IT'S NOT ANCHORED OR ANYTHING. UH, SO IT, THERE IS A WAY THAT CAN BE MOVED JUST, JUST A LITTLE. OKAY. SO WE HAVE TWO COMMISSIONERS WHO HAVE ASKED FOR IT TO REMAIN AS IS, IS THERE ANYONE ELSE, UH, THAT 'CAUSE THAT WOULD LIKE TO ADD TO THAT CONVERSATION? DEAN, COMMISSIONER DEAN. I CONCUR WITH, UH, COMMISSIONER AVITA. ALL RIGHT. SO I THINK, UH, THE RIGHT THING TO DO WITH THIS IS, I MEAN, I WOULDN'T ACCEPT A FRIENDLY AMENDMENT, BUT I THINK SOMEBODY SHOULD MOVE TO AMEND, UH, MY MOTION TO, TO, UH, TO GO TO WHAT THE APPLICANT IS ASKING TO SEE HOW THAT WOULD PAN OUT BY THE BOARD SINCE WE'VE HAD THREE THAT HAVE ALREADY CHIMED IN. SO, YEP. CAN I, UH, YES, COMMISSIONER, BE MAKE A FRIENDLY, UM, AMENDMENT OR A FORMAL AMENDMENT? A FORMAL AMENDMENT. OKAY. SO WE HAVE A MOTION FOR A FORMAL AMENDMENT TO, TO WHAT THE APPLICANT HAS RE UH, OFFICIALLY REQUESTED. IS THERE A SECOND? SECOND, UH, SECOND BY COMMISSIONER MANNA. SO LET'S HAVE A ROLL CALL VOTE ON THE FORMAL AMENDMENT TO KEEP THE MOTION AS ADVERTISED REGARDING SETBACKS. BEUS, CAN I, CAN I JUST MAKE YES, GO AHEAD. UM, AND THE ONLY REASON I, UM, AND I UNDERSTAND THAT ONE IS DRASTIC AND DRAMATIC, BUT I THINK IN THIS CASE IT'S THE FINANCIAL HARDSHIP, ALTHOUGH IT'S, IT IS NOT, UM, STRUCTURED TO ANYTHING. IT'S NOT, IT IS MOVABLE, BUT I THINK IN THIS CASE, IN THIS SPECIFIC CASE, IT'S A FINANCIAL HARDSHIP TO THE NO, I UNDERSTAND WHERE YOU'RE COMING FROM. UM, SO IS THERE ANYONE'S LIKE TO, TO, UH, ADD TO THE DISCUSSION ON THE FORMAL AMENDMENT? STEVENS COMMISSIONER STEVENS? [01:20:01] I, I, I THINK I'LL BE IN SUPPORT OF THIS FORMAL AMENDMENT ONLY BECAUSE THE WATER COMING OFF OF THE SHED IS NOT ALIGNED WITH THE ADJACENT HOME OR THE ABUTTING HOME. SO I CAN GET BEHIND YOUR, YOUR FORMAL AMENDMENT. ALL RIGHT. AND THE FORMAL AMENDMENT ONLY NEEDS SIX PEOPLE, SO, WE'LL, LET'S SEE HOW THIS TURNS OUT. LET'S HAVE A ROLL CALL. VOTE PLEASE TO AMEND THE MOTION TO BE AS ADVERTISED. COMMISSIONER, BE I CONCUR. COMMISSIONER MANA. I CONCUR. COMMISSIONER BARRINGTON? NO. COMMISSIONER STEVENS? YES. COMMISSIONER IBANEZ? YES. COMMISSIONER DEAN. I CONCUR. COMMISSIONER CRUZ? YES. COMMISSIONER GOMEZ. I CONCUR. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I DO NOT CONCUR, BUT I, UH, HAVE BEEN OUTVOTED. SO THE MOTION IS OFFICIALLY CHANGED TO AS, UH, ADVERTISE, UH, WITH A ONE INCH SETBACK ON THE SIDE. UH, AND, UH, A FOOT AND A HALF SETBACK IN THE REAR MANNA. YES. UM, COMMISSIONER MANNA, JUST ALSO LIKE TO POINT OUT, UM, YOU KNOW, I WAS READING THE, UM, APPLICANT OR THE, UM, CITIZEN FEEDBACK AND, AND ONE THAT WAS REGISTERED VIA PHONE AND IT WAS SPECIFIC TO THE FENCE HEIGHT AND NOTHING TO DO WITH THE SHED. SO THAT'S I DULY NOTED. SO WE HAVE A MOTION ON THE TABLE FOR A ONE INCH SIDE SETBACK. UH, CAN I OFFER A FRIENDLY AMENDMENT TO AT LEAST, UH, PUT SOME SORT OF NUMBER ON WHERE THE WALL IS IN RELATION TO THE OVERHANG AND NOT JUST SAY IT AS A STRAIGHT ONE INCH SETBACK WHERE THE WALL TO THE SIDE SIDEWALL OF THE SHED, THE EXISTING, EXISTING CON CONFIGURATION OF THE, OKAY. SO WE HAVE A MOTION ON THE TABLE, UM, FOR A, FOR AS ADVERTISED FOR A FOOT AND A HALF SETBACK ON THE REAR AND A ONE INCH FROM THE SIDE PROPERTY LINE. UH, AND, AND PLEASE, PLEASE TELL ME IF THIS IS A, ANYONE'S OPPOSED TO THIS, UH, ONE INCH FROM THE SIDE PROPERTY LINE TO INCLUDE AN OVERHANG WITH OVERHANG. RIGHT. ALRIGHT, SO WE HAVE A MOTION. LET'S HAVE ROLL CALL VOTE CHAIR ORIAN. YES, SIR. I'LL GO AHEAD AND ACCEPT IT. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? NO, I DO NOT. CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER YBANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER BENAVIDEZ? I CONCUR. COMMISSIONER UNA? YES, I CONCUR. ALRIGHT, COMM MO. GO AHEAD. COMMISSIONER VASQUEZ. I CONCUR. ALRIGHT, MOTION PASSES. UM, 10 TO ONE. UH, CONGRATULATIONS. NOW WE'RE GONNA DEAL WITH A FENCE SITE REGARDING CASE NUMBER BO OA DASH 25 DASH OH 3 0 0 0 1. I MOVE TO THE BOARD OF ADJUSTMENT GRANDER REQUEST FOR ONE, A TWO FOOT FENCE SITE SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT HEIGHT TO ALLOW AN EIGHT FOOT PRIVACY FENCE ALONG THE SIDE YARD ABUTTING THE NORTHERN PROPERTY LINE. OKAY, THIS IS, HOLD A SECOND. YEAH, ALONG THE SIDE, ALONG THE NORTH SIDE, LET ME START OVER. I MOVED TO THE BOARD OF JUDGE MONTGOMERY REQUEST FOR ONE, A TWO FOOT FENCE SITE SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT HEIGHT TO ALLOW AN EIGHT FOOT PRIVACY FENCE ALONG THE NORTHERN SIDE YARD, WHICH ABUTS THE NORTHERN PROPERTY LINE. AND TWO, A FIVE FOOT HEIGHT, SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT HEIGHT TO ALLOW AN EIGHT FOOT PRIVACY FENCE, UH, WITHIN THE FRONT YARD, NOT TO PASS THE FRONT FACADE. THE EXISTING FRONT FACADE OF THE NORTHERN PROPERTY NEIGHBOR SITUATED AT 180 3 ATLAS STREET, APPLICANT BEING TERRY FRAY. BECAUSE THE TESTIMONY PRESENTED US AND THE FACTS THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CARE FOR THIS PROPERTY IS SUCH AS A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY YOU FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND THE PURPOSE OF THE CHAPTER STAFF FINDS A REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND THE PURPOSE OF THE ORDINANCE AS THE FRONT YARD PRIVACY FENCE WILL BE BEHIND AN ESTABLISHED BUILDING FACADE LOCATED IN THE NEIGHBORHOOD. FURTHERMORE, THE SIDE YARD FENCE HEIGHT WILL BE LIMITED TO ONE PROPERTY. LINE B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED. [01:25:01] THE PROPOSED FENCE APPEARS TO SERVE THE, THE PUBLIC WELFARE AND CONVENIENCE AS THE ADDITIONAL FENCE SITE PROVIDES PRIVACY AND ADDITIONAL SECURITY OF THE SUBJECT PROPERTY AND ABUTTING PROPERTIES AND IS LIMITED TO ONE PROPERTY LINE C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE FENCE. SPECIAL EXCEPTIONS APPEAR TO CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT AND ADJACENT PROPERTIES AND IS LIMITED TO ONE PROPERTY LINE D THE SPECIAL EXCEPTION WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND THE LOCATION OF WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE ADDITIONAL FENCE SITE DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND THE LOCATION OF WHICH THE SPECIAL EXCEPTION IS SOUGHT. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE AND ESTABLISHED FOR THE SPECIFIC DISTRICT. THE REQUESTED SPECIAL EXCEPTION, NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT AS IT IS LIMITED TO EIGHT FEET, UH, IN HEIGHT ALONG THE NORTHERN PROPERTY LINE BEHIND THE NEIGHBORING FRONT FACADE AND WILL PROVIDE PRIVACY FOR THE SUBJECT PROPERTY. END OF MOTION. SECOND. SECOND BY COMMISSIONER MANNA. UH, I'LL BE IN SUPPORT OF THIS. I MEAN, UM, I UNDERSTAND WHY SHE HAS A FENCE THERE WITH THE CAMERAS, WITH THE CAMERAS, UM, AND SHE'S, AND, AND SHE'S LIMITING IT TO, ITS, ITS FUNCTION, WHICH IS TO BLOCK THE VIEW OF THE CAMERA. SO I'LL BE IN SUPPORT COMMISSIONER MANNA. SO, UM, IS THERE ANY DIALOGUE WITH REGARDS TO LIMITING THE DEPTH OF THE FENCE, UM, SO THAT IT DOESN'T GO ALL THE WAY TO THE BACK PROPERTY LINE? UH, SURE. UH, SO WE CAN, I WILL, UH, AMEND THE MOTION TO EXCLUDE THE NORTHERN SIDE PROPERTY LINE, UH, FOR THE REAR 14 FEET. SO ESSENTIALLY TO THE, WHERE THE SHED IS CURRENTLY LOCATED. RIGHT? SO THE FRONT, YES. SO, SO DOES, DOES THAT MAKE SENSE? OKAY. I I WOULD, I WOULD AGREE WITH THAT. ALRIGHT. SO THE MOTION IS HEREBY AMENDED TO EXCLUDE THE NORTHERN SIDE PROPERTY LINE, UM, WITHIN 14 FEET OF THE REAR PROPERTY. ALL RIGHT. ANY OTHER COMMISSIONER COMMENTARY? HEARING NONE UNLESS HAVE ROLL CALL, VOTE CHAIR. ORIENT. YES. COMMISSIONER MANO. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER YBANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER PENDAS? I CONCUR. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. ALL RIGHT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. UM, IF YOU HAVE ANY QUESTIONS ABOUT WHAT WE JUST DID, STAFF WOULD BE MORE THAN HAPPY TO DISCUSS IT WITH YOU. THANK YOU VERY MUCH. THANK YOU. THANK YOU. ALRIGHT, SO WE HAVE, WE HAVE THE TWO, UH, VIRTUALLY ALREADY. ALRIGHT, I WILL BE RECUSING FOR THE NEXT ITEM. AND THIS ITEM NUMBER SEVEN, CORRECT? YES. OKAY. THE TIME IS, UH, 2 35 AND, UH, CHAIR ORIAN HAS, UH, STEPPED OUT. SO I'LL BE CHAIRING THE CASE. IS STAFF READY FOR THE PRESENTATION FOR, UH, ITEM NUMBER SEVEN? ITEM NUMBER SEVEN, IT'S BO A DASH TWO FIVE DASH 1 0 3 0 0 0 0 5. ADDRESS BEING 1 41 LAVACCA STREET AND SIX 20 MATAGORDA STREET COUNCIL DISTRICT ONE APPLICANT OXBOW DEVELOPMENT GROUP AND HAS REQUEST FOR A FOUR FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE AND REAR SETBACKS TO ALLOW ONE INCH SIDE AND REAR SETBACK ZONING IS IDZ THREE. THIS IS A CONTINUATION OF THE MAP. THIS IS A LARGE PROPERTY CASE SUMMARY. UH, SUBJECT PROPERTY IS LOCATED DOWNTOWN SAN ANTONIO, JUST SOUTH OF HEMISPHERE PLAZA. A PORTION OF THE PROPERTY IS LOCATED WITHIN THE CORNER INTERSECTION OF EAST CAESAR CHAVEZ BOULEVARD, SOUTH ALAMO STREET, FRONTING LAVACCA STREET. THE ADDITIONAL PORTION IS LOCATED ON THE CORNER INTERSECTION OF LAVACCA STREET AND MATAGORDA STREET. THE APPLICANT IS REQUESTING A ONE INCH SIDE AND REAR SETBACK VARIANCE FOR THE PROPERTY ADDRESSED AS 1 41 LAVACCA, AS WELL AS A ONE INCH SIDE SETBACK VARIANCE FOR THE PROPERTY ADDRESSED AS SIX 20 MATAGORDA FOR PROPOSED IDZ THREE DEVELOPMENT WITH USES PERMITTED IN C TWO COMMERCIAL DISTRICT. THE APPLICANT WILL NEED TO SUBMIT A CERTIFICATE OF APPROPRIATENESS FROM THE 80 HDRC PRIOR TO DEVELOPMENT. THE APPROVED ZONING SITE, UH, REZONING SITE PLAN, UH, ANNOTATED THE PROPOSED ONE INCH SETBACK VARIANCES REQUESTED, UH, WHICH IS DATED NOVEMBER 21ST, 2024. AND PERMITS ARE PENDING THE BOARD OF ADJUSTMENT. THIS IS THE SITE PLAN. THIS IS ALSO THE SITE PLAN PROVIDED TO THE CHANGES ZONING. THIS IS AERIAL VIEW OF THE PROPERTY, AND THIS IS THE SUBJECT PROPERTY, UH, VARYING REVIEW, UH, VIEWS OF, UH, LAVACCA STREET. AND THIS IS THE FRONT AREA. [01:30:04] THIS IS THE, UH, VIEW OF SIX 20 MATAGORDA STREET, THE CORNER. AND THIS WILL BE THE SURROUNDING AREA. THIS WILL BE LA VACA. A VIEW, UH, THIS VIEW IS FROM THE LAVACCA TOWARDS THE INTERSECTION OF EAST CAESAR CHAVEZ AND SOUTH ALAMO. UH, THIS IS A VIEW OF EAST CAESAR CHAVEZ, AND THIS WOULD BE THE REAR SETBACK LOCATION. AND THEN THE INTERSECTION. THIS IS THE PROPERTY HERE ON THE CORNER. THE, FOR THE SIDE AND REAR SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO OA DASH 24 DASH 0 3 25 0 3 0 0 5 BASED ON THE FOLLOWING FINDINGS OF FACT, THE VARIANCE WILL REDUCE SITE DISTANCE THAT WILL BE CONTRARY TO THE PUBLIC INTEREST. AND SUFFICIENT SPACE EXISTS FOR THE PROPOSED DEVELOPMENT STAFF. MAILED 35 NOTICES. ONE IN FAVOR, ZERO IN OPPOSITION. DOWNTOWN NEIGHBORHOOD ASSOCIATION IS IN FAVOR, AND LAVACA NEIGHBORHOOD ASSOCIATION IS IN FAVOR. SAN ANTONIO, TEXAS DISTRICT ONE RESIDENT ASSOCIATION DID NOT RESPOND. AGAIN, THE NOTIFICATION PLAN EXPANDED, AND THIS WOULD BE THE HISTORIC PRESERVATIONS RESPONSE. SLOVAK NEIGHBORHOOD ASSOCIATION, UH, IN FAVOR. AND THIS WOULD BE THE DOWNTOWN NEIGHBORHOOD ASSOCIATION. AND THIS WOULD BE AN IN FAVOR FROM ONE OF THE LOCAL NEIGHBORING PROPERTIES. AND THIS CONCLUDES STAFF'S PRESENTATION. APPLICANT IS AVAILABLE FOR ANY QUESTIONS. THANK YOU. LET'S SEE IF WE, IF WE HAVE ANY QUESTIONS FOR STAFF. ANY, WELL, SO IS THE APPLICANT GONNA DO? YEAH, THEY'RE, THEY'RE, OH, OKAY. OH, SORRY. ANY QUESTIONS RIGHT NOW FOR IT? SO, SO MY QUESTION I GUESS I I I'LL ASK YOU IS, SO, SO ASKING FOR A ONE INCH, SO THERE'S STILL SETBACK, UH, THERE'S STILL LIKE, I GUESS SETBACKS FROM THE STREET AND, AND THAT DISTANCE IS THE ONE YEAH, THE, WELL, THIS WE'RE LOOKING AT, IF YOU GO DOWN TO THE SITE PLAN, I THINK IT'S ONE MORE RIGHT HERE. SO THEY'RE TALKING A ONE INCH SETBACK. THIS IS EAST CAESAR CHAVEZ. THEIR ONE INCH IS, THIS IS THE SIDE, THIS WOULD BE THE REAR. AND THIS IS AGAIN, THE SIDE, THIS HERE IS THE FRONT. THEY DO NOT REQUIRE ONE FOR THE IDZ ZONING, BUT THEY DO REQUIRE, THEY'RE REQUESTING THIS PENDING THE BOARD OF ADJUSTMENT. AND THIS IS MATAGORDA AND THEY'RE ONLY REQUESTING A ONE-INCH SIDE BACK SIDE SETBACK ON THIS SIDE OF THE PROPERTY. DO YOU KNOW WHAT THE DISTANCE IS FROM THE CURB TO THAT SETBACK? AT THIS POINT, I DO NOT. WELL, FIVE FEET WOULD BE THEIR SETBACK PER THEIR CURRENT ZONING. RIGHT. WELL, I THINK THOSE ARE GOOD QUESTIONS FOR THE APPLICANT. AND WE, THE APPLICANT FOR, AT THIS TIME, I'D ASK THE APPLICANT TO PLEASE COME FORWARD AND, AND WE, HE HAS A, LET'S HEAR THE PRESENTATION. THANK YOU. BOARD HAPPY. UH, TWO 10 DAY, VERY SAN ANTONIO DAY. UM, MY NAME IS OMAR GONZALEZ. I'M THE DIRECTOR OF DEVELOPMENT AT OXBOW DEVELOPMENT GROUP. AND, UH, I'VE BEEN SPEARHEADING THIS PROJECT. I WAS LOOKING BACK IN MY NOTES. WE ACTUALLY STARTED IN THE SUMMER OF 2023, UH, WORKING WITH THE NEIGHBORHOOD ASSOCIATIONS, UH, IN THAT AREA. AND SO, UH, I WANNA WALK YOU A LITTLE BIT THROUGH THE PLAN 'CAUSE IT IS A COMPLICATED ONE. I, UM, YOU KNOW, I SEE ONE OF THE STAFFS IS, YEAH, YOU COULD DEVELOP SOMETHING ON THIS LAND, BUT WHAT WE WANT TO DO IS SOMETHING THAT IS UNIQUE AND EXCEPTIONAL AND VERY DESERVING OF NOT ONLY THE NEIGHBORHOOD, BUT OF SAN ANTONIO AS WELL. WHAT DO I USE PAGE NOW? OH, THERE YOU GO. OKAY. SORRY. SO, JUST TO ORIENT YOU, IN CASE YOU'RE NOT FAMILIAR WITH THE AREA, UH, IS THAT ORANGE CIRCLE IN THE MIDDLE? UH, YOU CAN SEE WHAT WE'RE REALLY TRYING TO DO IS WEAVE BACK WHAT WE'VE SORT OF LOST, WHICH, UM, UH, IF YOU CAN KIND OF REWIND BACK TO 1968, UH, CAESAR CHAVEZ DIDN'T ACTUALLY EXIST, UH, OR WHAT USED TO BE DURANGO DIDN'T ACTUALLY EXIST. AND SO, UH, IT'S REALLY SEPARATED, SORT OF WHAT'S HAPPENED AT HEMISPHERE AND ALL THE REALLY COOL THINGS THAT ARE HAPPENING AT CIVIC PARK AND YANA GUANA GARDEN WITH THE AREA JUST TO THE SOUTH, UH, WHICH IS KNOWN AS SOUTHTOWN. SO KIND OF A COMBINATION OF LA VACA AND KING WILLIAM. UH, SO YOU CAN SEE THE, THE SOUTHTOWN FOOD AND BAR DISTRICT, UM, AND THEN KIND OF REALLY DOWNTOWN. SO WHAT WE WANT TO DO IS WE WANT TO TITCH, UH, [01:35:01] WHAT WE THINK HAS BEEN LOST OVER SEVERAL GENERATIONS. UH, AND WE WANT TO DO IT IN A WAY THAT REALLY HONORS THE HISTORY OF SAN ANTONIO, UM, BUT IS ALSO DESIGNED FOR ITS FUTURE. SO HERE WE ARE ZOOMED IN, UH, YOU CAN SEE THE, UH, JOHN WOODS FEDERAL COURTHOUSE, UH, JUST TO THE NORTH. UM, BUT THE BIG MOVE WE MADE HERE WITH THE NEIGHBORS, UH, BECAUSE MOST OF THE NEIGHBORS CONCERNS WERE ABOUT, UM, NOISE TRAFFIC AND PARKING. AND SO THE, UH, THE REALLY, THE BIG MOVE HERE WAS TO OPEN UP MATAGORDA STREET, WHICH RIGHT NOW IT FORMS THAT CUL-DE-SAC AT CAESAR CHAVEZ. UM, WE WANT TO OPEN UP THAT WITH A, WITH A LIGHT. AND SO, UH, WITH A TRAFFIC LIGHT. SO WE DO HAVE, UH, PERMISSION FROM THE CITY, UH, AND, AND REALLY AN URGING FROM THE NEIGHBORHOOD TO DO THAT. AND THEN WE WOULD THEN, UH, CREATE BOLLARDS THAT'S JUST SOUTH OF GARFIELD ALLEY, WHICH IS SORT OF THAT FIRST INTERSECTION. SO ESSENTIALLY, CARS THAT COME ONTO MATAGORDA STREET FROM CAESAR CHAVEZ WOULD BE EITHER DIRECTED INTO OUR SITE OR COULD, UH, LEAVE DOWN MATAGORDA ALLEY. SO THOSE CARS ARE NOT COMING ONTO LAVACCA STREET IN THAT INTERSECTION. UH, WHAT THAT ALSO DOES IS, UH, IT ALLOWS US TO CREATE A REALLY PEDESTRIAN FRIENDLY AREA INSIDE OF OUR PROPERTY. UM, AND WE THINK THAT THAT'S REALLY KIND OF THE, THE, THE ULTIMATE, UM, YOU KNOW, SUCCESS IS, IS US DOING THAT. UH, THE QUESTION WAS ASKED ABOUT SETBACKS. YOU KIND OF GET A SENSE OF IT FROM THIS IMAGE. AND, UH, AND AT SOME POINT I MAY ASK YOU TO UNHIDE A SLIDE, UH, WHERE WE ACTUALLY DID THE MATH. BUT, UH, THE STREET RIGHT OF WAYS, AS YOU CAN SEE, ACTUALLY GOES TO THE BACK OF THE SIDEWALK. SO IF YOU HAVE A CURB AT THE EDGE OF THE STREET, YOU STILL HAVE A LANDSCAPING AREA, AND THEN YOU HAVE, UH, A SIDEWALK AND THEN WOULD BE THE, UH, AND THEN YOU WOULD HAVE A SETBACK AFTER THAT. SO, UH, WE'VE MEASURED THAT, UH, IT VARIES FROM 13 FEET, EIGHT FROM CURB ALL THE WAY TO 30 FEET, SEVEN INCHES FROM THE CURB. SO WHEN WE TALK ABOUT A SETBACK, IT'S, IT'S NOT A SETBACK FROM THE STREET, IT'S A SETBACK FROM, UH, THE PROPERTY LINE. SO HERE IT IS, IN, IN, IN PLAN. AGAIN, ONE OF THE, UH, KEY THINGS THAT WE DID IS WE REALLY WANTED TO MAKE THE SITE POROUS. UM, AND, AND BY THAT I MEAN, IF YOU'RE A PEDESTRIAN, UH, WE'RE ENCOURAGING YOU TO WALK THROUGH THE SITE, UM, POTENTIALLY TO GET YOU FROM DOWNTOWN OR HEMISPHERE TO, UH, LA VACA OR TO SOUTHTOWN, UH, AND THROUGHOUT. AND SO ONE OF THE WAYS THAT, THAT WE DID THIS WAS, UH, REALLY TRYING TO, UH, TREAT THIS, UH, AREA LIKE YOU WOULD OF REALLY PEDESTRIAN AREA, LIKE HEMISPHERE OR DOWNTOWN. UH, AND YOU CAN SEE A LOT OF THE BUILDINGS THAT ARE IN DOWNTOWN, THEY AREN'T SET BACK, UM, FROM THE PROPERTY LINES, YES, THEY'RE SET BACK FROM THE STREET, BUT NOT FROM THE PROPERTY LINES. SO WE WANTED TO CONTINUE TO ENCOURAGE THAT PEDESTRIAN STYLE BEHAVIOR. THIS IS WHAT IT LOOKS LIKE. IT'S THREE DIFFERENT BUILDINGS. UM, AND SO FROM THAT CORNER OF ALAMO AND CAESAR CHAVEZ, WHICH IS ON THE FAR LEFT OF YOUR SCREEN, UM, WE START WITH A FIVE STORY MIXED USE RESIDENTIAL BUILDING. SO IT'S, UH, ONE STORY OF COMMERCIAL ON THE GROUND FLOOR, AND THEN FOUR STORIES OF LIVING ABOVE IT. UM, I LIKE TO TELL PEOPLE IF, IF YOU'VE BEEN TO PEARL, KIND OF ENVISION WHAT YOU WOULD, UH, OR LIKE BAKERY LORRAINE OR LOCAL COFFEE IS. SO, UH, SOMETHING REALLY COOL DOWNSTAIRS. AND THEN, UH, PEOPLE LIVING ABOVE IT, UH, THE SAME THING REPEATS ITSELF UP ON CHAVEZ. UM, THAT BECOMES A SIX STORY BUILDING. SO ONE STORY OF GROUND FLOOR MIXED USE, AND THEN FIVE STORIES OF LIVING ABOVE IT. AND THEN AS YOU GO EAST, UM, WE'RE BASICALLY TRY TO HIDE A GARAGE BY WRAPPING IT WITH RESIDENTIAL USES ON THREE SIDES OF IT. SO THE GARAGE WILL BE OPEN TO THE PUBLIC. UH, IN FACT, IT'S, IT'S OPEN TO OUR RESIDENCE, UH, WOULD PARK ABOVE THE PUBLIC. UM, BUT THAT'S THE IDEA, IS PEOPLE PULL IN OFF OF CAESAR CHAVEZ INTO MATAGORDA AND THEN GO INTO THAT PARKING GARAGE. UH, THE EXIT FROM THAT PARKING GARAGE. DID I GET A LITTLE POINT OR TWO? YEAH. OH, THIS GUY? YEAH, A LITTLE TRIANGLE. OKAY, AWESOME. UM, SO THIS BECOMES THE ENTRANCE TO THE PARKING GARAGE, AND THEN WHEN YOU GO INTO THE PARKING GARAGE, YOU COME OUT HERE. SO THOSE ARE TWO ELEVATORS IN A PUBLIC STAIRCASE. SO IT REALLY PUTS YOU IN THE HEART OF A PLAZA. AND WHAT WE WANT TO DO IS CREATE A SERIES OF PLAZAS AND COURTYARDS. SO YOU HAVE ONE HERE THAT KIND OF LEADS YOU TO ANOTHER ONE HERE THAT LEADS YOU TO KIND OF THE, THE ENTRANCE PLAZA HERE. UH, SO AGAIN, CREATING THAT POROSITY SO THAT FOLKS, WHEN THEY DO COME DOWN, UH, THROUGH HEMISPHERE, THEY HAVE WAYS TO INTERSECT IN THE SITE. UH, IT'S SEVERAL DIFFERENT LOCATIONS, INCLUDING OFF OF A, A PEDESTRIAN, UM, CROSSWALK HERE, AN EXISTING PEDESTRIAN CROSSWALK HERE. UH, SO PLEASE NOTE THERE ARE NO, NO CARS THAT ARE, THAT WOULD BE ALLOWED INSIDE HERE. THIS BECOMES PEDESTRIAN ONLY. UH, SO CARS ALONG HERE, UH, BOLLARDS WOULD, WOULD [01:40:01] BE PLACED HERE AND BOLLARDS WOULD BE PLACED HERE. SO THE VEHICLES THAT TRAVEL HERE WOULD GO THIS WAY, AND ANY VEHICLE THAT'S ALREADY ON LAVACCA STREET WOULD NOT BE ABLE TO COME UP. THEY WOULD ALSO BE ABLE TO, TO TRAVEL DOWN, UM, THROUGH BETWEEN THIS BUILDING AND THE BATTALION BUILDING, UH, IS A SERVICE AREA. AND SO, SO, UH, WHAT WOULD BE ABLE TO DO IS TRAVEL A VEHICLE THROUGH HERE, UH, TO PROVIDE FOR SERVICE. AND WE'RE WORKING WITH BATTALION RIGHT NOW TO TAKE THEIR TRASH AND BACK OF HOUSE SERVICE TO INCORPORATE THAT INTO THAT BUILDING AS WELL. UH, AND THEY'RE VERY AMENABLE TO IT. UM, AND SO THIS IS KIND OF THE, THE, THE BASIC PLAN. I'VE GOT A COUPLE MORE SLIDES THAT I WANT TO SHOW YOU TO GIVE YOU A LITTLE BIT MORE CONTEXT. SO, 256 TOTAL UNITS ACROSS THOSE THREE BUILDINGS. UH, 44,000 SQUARE FEET OF GROUND FLOOR COMMERCIAL SPACE. UH, WE WANT THIS TO BE PRINCIPALLY LOCAL FOOD AND BEVERAGE AND LOCAL OR REGIONAL RETAIL. AND THEN THREE COURTYARDS OR PLAZAS WHERE WE IMAGINE THE, THE COMMUNITY GATHERS. UH, AGAIN, THAT GARAGE IS COMPLETELY SHARED BETWEEN ALL USERS. AND THEN SO ARE THE AMENITIES. THIS IS SOMETHING THAT'S KIND OF UNUSUAL. USUALLY WHEN YOU BUILD A RESIDENTIAL BUILDING, YOU HAVE ALL THE AMENITIES IN YOUR BUILDING. WHAT WE'RE TRYING TO DO IS, UH, PROVIDE SOMETHING THAT FEELS A LOT LIKE A COMMUNITY. AND IN FACT, THE NAME THAT WE'RE USING, AL DEA IS A SPANISH WORD FOR VILLAGE. AND SO THE IDEA IS THAT WE'RE ALL LIVING IN THIS VILLAGE TOGETHER, UH, AND FIND WAYS THAT, THAT, UH, THAT WE CAN, UH, CREATE THOSE, THOSE CONNECTIONS. SO WHAT WE DO REQUIRE IS A REDUCTION OF THE SIDE AND REAR SETBACKS. UM, AND SO PART OF IT IS TO, UH, GET THE CARS OFF OF THE GARAGE AND, AND MAKE THIS PEDESTRIAN FRIENDLY. UH, THE OTHER ONE IS TO GIVE SOME VIBRANCY TO THE COMMERCIAL STREETS. SO AGAIN, TYPICALLY WHAT YOU SEE IN A DOWNTOWN, UM, IS YOU, YOU, YOU DON'T SEE FIVE FOOT SETBACKS, UH, IN DOWNTOWN AREAS. AND THEN, UH, WE WANT TO CREATE AS MANY AS WE CAN, UH, PLACES FOR PEOPLE TO LIVE. AND WE THINK THAT NOT ONLY STRENGTHENS THE NEIGHBORHOOD, BUT UH, IT ALSO REQUIRES A MINIMUM DEPTH. AND SO THESE SETBACK, UH, BECOME REALLY CRITICAL FOR OUR ABILITY TO, TO, TO DEVELOP UNITS THAT MAKE SENSE. UH, IF WE WERE TO HAVE THOSE FIVE FOOT SETBACKS, WE WOULD PREVENT IT BE PREVENTED FROM DOING, UH, THE RESIDENTIAL UNITS, THE GARAGE, AND THE PUBLIC AREAS AS CURRENTLY DESIGNED. UH, HERE IS A FAIRLY COMPLICATED SITE PLAN, BUT, UM, ONE THAT I JUST WANNA REVIEW WITH Y'ALL REAL QUICK. SO, UH, CURRENTLY IN AN IDZ THREE, SO, UH, SO WE'RE ZONED IDZ THREE, UM, AND WE'RE IN A REGIONAL MIXED USE. SO BASICALLY OUTSIDE OF THE D ZONING FOR DOWNTOWN, THIS IS AS AN INTENSIVE OF A USE AS CODE ALLOWS US. UM, AND SO I THINK IF YOU KIND OF CAN UNDERSTAND THAT, THAT THAT'S PRINCIPALLY WHY WE'RE ASKING FOR WHAT YOU WOULD TYPICALLY SEE IN A, IN A D ZONING DOWNTOWN. SO, UM, AS OF RIGHT IN THE IDZ THREE, THE SETBACK ON LAVACCA, WHICH IS OUR FRONT AT 1 41 LAVACCA STREET, UH, IS ZERO FEET. UH, AND THEN IDZ ASKS FOR FIVE FEET ON SIDES AND REAR. AND SO WE'RE ASKING FOR, UH, ONE INCH ON THE SIDE HERE, UM, WHICH YOU CAN SEE THE, UH, THE EXISTING BATTALION, UH, IS, IS RIGHT ON PROPERTY LINE AS WELL. AND THEN WE'RE ASKING FOR ONE INCH ON CAESAR CHAVEZ. AND YOU CAN SEE THAT VARIES A BIT, UH, THROUGHOUT THE BUILDING. BUT THERE ARE A COUPLE PINCH POINTS WHERE THAT ONE INCH BECOMES, UH, REALLY IMPORTANT AND IT'S REALLY HARD TO DESIGN ON A CURVED STREET, UH, AND GIVE A REAL URBAN PRESENCE. BUT THAT'S, YOU CAN SEE HOW WE STEPPED THE BUILDING BACK SEVERAL TIMES, UH, TO ACCOMMODATE FOR THAT. AND THEN WE'RE ALSO ASKING FOR, UH, A ONE INCH SETBACK ALONG MATAGORDA STREET, UM, WHICH AGAIN IS CRITICAL TO HAVE THE RIGHT GEOMETRY FOR UNITS AND FOR PARKING. UM, SO THAT COMPLETES THE ASK FOR THIS SIDE OF THE PROPERTY. THERE'S A SEPARATE ADDRESS FOR THIS SIDE OF THE PROPERTY, UH, AND THAT IS SIX 20 MATAGORDA STREET. SO SIX 20 MATAGORDA STREET, AS OF RIGHT, HAS A, HAS A ZERO FOOT, UH, FRONT SETBACK. WE WOULD, UM, KEEP THAT FIVE FOOT REAR SETBACK WHERE WE ARE ADJACENT TO, UH, A SINGLE FAMILY PROPERTY THAT'S USED AS AN AIRBNB. AND THEN IN THE FRONT WE WOULD KEEP NOT ONLY A FIVE FOOT SIDE SETBACK, BUT WE'VE ALSO NEGOTIATED WITH THE NEIGHBORS TO GO 20 FEET BACK, UM, WITHOUT BUILDING ANYTHING HIGHER THAN TWO STORIES, WHICH IS THE HIGHEST THAT EXISTS ON THE STREET TODAY. AND SO THE ONLY THING WE'RE REALLY ASKING, UH, THIS COMMISSION FOR IS FOR A ONE INCH SIDE SETBACK ON THE SIDE THAT'S ALONG GARFIELD ALLEY. UH, WE HAVEN'T YET DESIGNED WHAT I'M CALLING PHASE TWO, WHICH IS KIND OF EVERYTHING YOU SEE, UH, IN WHITE IN BLANK. UH, BUT I THINK THE CHARACTER OF THAT, UM, UM, WOULD BE SIGNIFICANTLY DIFFERENT IF WE HAD THESE ADDITIONAL SET, SET, UH, SETBACKS HERE. IT ISN'T PLANNED JUST FOR THOSE OF YOU, UH, WHO KIND OF LIKE TO SEE IT VISUALLY. SO, UH, YOU SEE BATTALION IN THE REAR, SO THIS IS AT THE INTERSECTION OF CESAR CHAVEZ IN SOUTH ALAMO. UH, YOU CAN SEE PLENTY OF BREATHING ROOM BETWEEN [01:45:01] CARS AND PEDESTRIANS. AND IN FACT, THIS BUILDING, UH, WHILE IT HAS, UH, IT, IT, IT HAS ALOGIA. SO THIS IS, YOU KNOW, OBVIOUSLY THIS WOULDN'T BE POSSIBLE WITH A SETBACK. YOU WOULDN'T BE ABLE TO HAVE THIS BEAUTIFUL LOJA. SO AS YOU GET CLOSER, THIS IS WHAT THAT LOJA LOOKS LIKE, UH, IN A BIT MORE PLANNED. BUT YOU CAN SEE SUPER PEDESTRIAN FRIENDLY INSIDE. UH, WE DO MEET ALL FIRE REQUIREMENTS. SO, UM, THIS HAS BEEN FULLY DESIGNED SO THAT FIREFIGHTERS CAN ACCESS ALL THREE BUILDINGS, UM, PER THEIR NEED. UM, SO, UH, WE DON'T THINK THAT THE VARIANCE IS, IS, UH, CONTRARY TO PUBLIC INTEREST. UH, WE DO THINK A LITERAL ENFORCEMENT OF IT WOULD BE AN UNNECESSARY HARDSHIP. UH, WE THINK THE SPIRIT OF THE ORDINANCE, SPECIFICALLY THE IDZ THREE, WHICH WE THINK IS DESIGNED TO SAY, DO SOMETHING THAT'S INFILL DEVELOPMENT ZONE. SO DO SOMETHING THAT IS URBAN IN NATURE. UH, WE THINK THAT'S THE SPIRIT OF THE IDZ ORDINANCE. UH, WE'RE NOT ASKING FOR AUTHORIZATION FOR ANOTHER USE, NOT INJURING ADJACENT PROPERTIES OR THE CHARACTER OF THE DISTRICT'S. AND, UH, THIS IS NOT A UNIQUE CIRCUMSTANCE THAT WE CREATED. UH, SO THIS IS OUR REQUEST. UM, YOU CAN SEE, UH, WE SPENT SIGNIFICANT TIME WITH THE NEIGHBORS IN THE NEIGHBORHOOD. UM, I THINK YOU GOT THE SENSE THAT, UH, IT HAS ALL BEEN POSITIVE, UH, WHICH HAS ABSOLUTELY BEEN OUR CASE. AND, AND PART OF THE REASON WHY A DEVELOPMENT THAT'S THIS COMPLICATED HAS TAKEN SO LONG, UM, IS, IS BECAUSE WE DO, UM, UH, WE DO HAVE THAT SUPPORT AND WE WOULDN'T DESIGN THIS, UH, WITHOUT THE SUPPORT OF THE NEIGHBORHOOD. SO, UH, I APPRECIATE IT. I HAVE, UH, ONE MORE SLIDE 14 IF YOU'RE INTERESTED. I DON'T KNOW IF YOU'RE ABLE TO UNHIDE IT, BUT, UM, THAT SHOWS, I BELIEVE ONE OF THE QUESTIONS WAS AROUND THE DISTANCES BETWEEN STREET AND PROPERTY. AND SO, UH, WE DID SOME TAKEOFFS HERE. SO THESE ARE DIFFERENT EXAMPLES OF, UM, WHERE IT GOES KIND OF THE SHORTEST DISTANCE THAT I, I MENTIONED EARLIER WAS THE, UM, OKAY, HERE IT IS. SO 13 FOOT EIGHT INCHES FROM BUILDING TO CURB, UH, IS HERE. AND THEN, UH, 30 FEET, SEVEN INCHES FROM BUILDING TO CURB IS HERE. SO EVEN IN THE PINCH POINT HERE, IT'S 21 FEET, EIGHT INCHES FROM THE CURB TO THE BUILDING. SO HOPEFULLY THAT HELPS JUST KIND OF AS YOU VISUALIZE. THANK YOU FOR THE PRESENTATION. UH, AT THIS POINT I'D ASKS, UH, STAFF, DO WE HAVE ANY VOICEMAIL OR PUBLIC CITIZENS TO BE HEARD? ONE VOICEMAIL. OKAY. THANK YOU. HI, THIS IS MELISSA SUNDAL CALLING ON BEHALF OF THE LAVACCA NEIGHBORS ASSOCIATION BOARD REGARDING CASE NUMBER TWO FIVE DASH 1 0 3 0 0 5 FOR ADDRESS 1 4 1 LAVACCA STREET AND 6 2 0 MATAGORDA STREET. IT'S ITEM SEVEN. MY TODAY'S AGENDA, THE LAVACCA NEIGHBORS ASSOCIATION SUPPORTS OPPO DEVELOPMENT GROUP'S REQUEST FOR SETBACK VARIANCES FOR THE SOUTH TOWN ALL DAY PROJECT. WE UNDERSTAND THIS VARIANCE WOULD ALLOW ONE INCH STEP BACK, OR SORRY, ONE FOOT SETBACKS ALONG THE WEST, NORTH AND EAST PROPERTY LINES OF, UM, 1 4 1 LACA AND THE NORTHERN REAR SETBACK OF SIX 20 MATAGORDA. WE FIND THIS REQUEST ALIGNED WITH THE DEVELOPER'S EARLIER ZONING APPLICATION AND THEIR PLANS TO ENCOURAGE PEDESTRIAN TRAFFIC TO AND THROUGH THIS MIXED USE SITE. THE FOLLOWING BOARD MEMBERS HAVE RECUSED THEMSELVES FROM THIS CASE, AND WERE NOT PART OF THE BOARD'S POSITION ON THE CASE. JENNIFER MELDY AND SALSA GONZALEZ. THANK YOU. BYE. ALRIGHT, THANK YOU. AT THIS POINT I'D ASK ANY OF THE COMMISSIONERS IF THEY HAVE ANY QUESTIONS FOR THE APPLICANT. MANNA, MR. MANNA. SO QUESTION FOR CITY STAFF. SO, SO, UM, SO I GUESS, YOU KNOW, PART OF THE, PART OF THE NOTION AND THE REASON WHY WE TALK ABOUT THE SETBACKS AND, YOU KNOW, UM, IS, UH, C CHAVEZ BUILT OUT AS FAR AS WIDE IS IT'S GONNA EVER BE AND, YOU KNOW, DOES THAT POTENTIALLY IMPACT, YOU KNOW, FUTURE, YOU KNOW, THAT FUTURE, UM, UH, SETBACK THAT WE HAVE FROM THE STREET CURB, UM, TO THE BUILDING ITSELF. AND SO, SO BY DOING THIS, YOU KNOW, WE'RE KIND OF SETTING THAT, POTENTIALLY SETTING THE LIMITATION FOR, UH, SENSOR TO BE UPGRADED IN THE FUTURE. WOULD THAT BE CORRECT AS FAR AS SETTING A PRECEDENT IN THAT SENSE? YES, YOU WOULD. UM, THEY, THEY ALREADY HAVE THE SITE PLAN THAT REQUIRES, AS Y'ALL MENTIONED IN THE BEGINNING, THE FIVE FEET. AND SO IN ORDER TO GET THAT, UM, LESS THAN THEY HAVE TO COME HERE TO REQUEST IT FROM YOU, BUT THAT, THAT WOULD BE A BOND PROJECT, WHICH WOULD REQUIRE TOTAL RECONSTRUCTION AND PROBABLY IMMINENT DOMAIN, WHICH THE CITY DOESN'T LIKE TO DO. SO THOSE ARE THINGS TO TAKE INTO CONSIDERATION. AND IF IT'S NOT ON ANY FUTURE BOND, I, YOU KNOW, WE'RE, WE'RE ASSUMING AT THE MOMENT, MR. MANN, I THINK THE APPLICANT HAD YEAH, WHEN I, FROM, I, I WORKED AT HEMISPHERE FOR 10 YEARS, UH, BEFORE THIS JOB. AND SO, UH, WE ACTUALLY, WE, WE WERE LOOKING AT CAESAR CHAVEZ RIGHT OF WAY. UM, I, I THINK THE ONE KIND OF SAVING GRACE AT CAESAR CHAVEZ IS IT HAS A REALLY WIDE MEDIAN. AND SO IF YOU WERE TO GET RID OF THE MEDIAN, UH, YOU COULD, YOU COULD EXPAND THE NUMBER OF TRAFFIC LANES ON CESAR CHAVEZ WITHOUT HAVING TO AFFECT THE, UH, THE PROPERTY LINES. CRUZ. THANK YOU MS. CRUZ. SO, UH, SO DOES THAT INCLUDE THE UPDATES THAT THEY'RE [01:50:01] DOING NOW? BECAUSE I KNOW IT'S COM CONSTRUCTION ALL OVER THE PLACE THERE. IT DOES, I'M JUST MAKING SURE. YES, MA'AM. ALRIGHT, THANK YOU. YES, MA'AM. AND THEN MANNA, ONE MORE QUESTION. GO AHEAD. UH, ON THE ALLEY, THE GARFIELD ALLEY, WHAT IS THE RIGHT OF WAY OF THAT ALLEY? AND, AND I KNOW WE'RE SEEKING A VARIANCE FOR THAT ONE INCH, BUT WE'RE ALSO HAVE THE SETBACK FROM THE ALLEY, WHICH ALSO PROVIDES SOME ADDITIONAL LANDSCAPE BUFFER AND STUFF. OR IT, IT WOULD, I DON'T KNOW, THE DISTANCE, I DON'T KNOW. SPENCER CAN LOOK IT UP IN THE MEANTIME. THAT'S FINE. I WAS JUST WANTED TO BRING ATTENTION THAT WE DO HAVE THAT ALLEY BUFFER MM-HMM . WHICH, YOU KNOW, YOU'RE NOT, YOU KNOW, KIND OF PROVIDES THAT, UM, SETBACK AREA. SO MR. MANOR. AND SO, UM, THEN I GOT CONFUSED, UM, ON, UM, PART OF THE, OR PRIOR CONVERSATION WITH REGARDS TO LAVACCA. 'CAUSE LAVACCA KIND OF FOLLOWS UNDERNEATH IT AND THEN DOES LIKE A LITTLE DOG LEG DOWN AND SKIRT OUT TO, UM, ALAMO I GUESS, OR WHATEVER STREET. AND YOU KIND OF TALKED ABOUT BEING ABLE TO LEVERAGE BEHIND A BUILDING AS ALSO AN EXIT. AND SO, SO YOU BASICALLY HAVE TWO EXITS AROUND THAT BUILDING OR, OR TWO DRIVEWAYS AROUND THAT BUILDING IF, IF UNDERSTOOD CORRECTLY. IT'S LIKE A LOADING ZONE. YEAH. SO, BUT UM, IT'S THIS SPACE HERE THAT'S IN THIS KIND OF BEIGE COLOR, UH, WOULD ALLOW FOR TRUCKS. 'CAUSE THIS IS SORT OF OUR BACK OF HOUSE AREA. UM, SO THIS WOULD ALLOW FOR TRUCKS TO COME IN LOW TRASH AND THEN LEAVE. AND SO THAT WOULDN'T CHANGE PUBLIC, UH, UH, PUBLIC THOROUGHFARE JUST, JUST FOR, FOR THE BUSINESS ITSELF. THAT'S RIGHT. OH, AND THEN THE QUESTION FOR CITY STAFF IS, ARE THERE ANY OTHER DEVELOPMENTS ALONG, UH, CESAR CHAVEZ THAT ARE SIMILAR WITH REGARDS TO THE SETBACKS SO THAT, YOU KNOW, IS THIS A FIRST OF THIS KIND OR, OR ARE THERE OTHERS ALONG THAT LINE? 'CAUSE IT, THERE'S A LOT OF DEVELOPMENT CERTAINLY THAT'S GONE ON ALONG, UH, THAT STREET. RIGHT. THAT'S KIND OF HARD TO SAY. WE'D HAVE TO ASSESS IT BECAUSE I KNOW SOME STUFF WAS CONSTRUCTED, CONSTRUCTED CLOSER, UH, TO THE ROADWAY PREVIOUSLY. BUT AS FAR AS A BOA REQUEST, THIS WOULD BE OUR FIRST ONE. YEAH. 'CAUSE APARTMENT, THERE'S APARTMENTS THERE ALONG THE WAY THAT ARE, THAT THE AYAL APARTMENTS. MM-HMM . YEAH. SO THEY'RE, THEY'RE RIGHT ON THAT STREET. THEY, THEY LOOK ABOUT THE SAME FROM MY PERSPECTIVE. AND THAT'S WHAT I WAS ASKING QUESTION. I RECALL THAT WE DID A VARIANCE FOR THE AGAVE BACK IN THE DAY FOR I RECALL. I FORGET EXACTLY WHAT, BUT THERE WAS SOME VARIANCES THAT WERE NEEDED FOR THE AGAVE. SO FROM YOUR PERSPECTIVE, ARE YOU AWARE OF ANY OTHER DEVELOPMENTS THAT YOU KNOW, I WAS GONNA CITE THE AGAVE AS WELL. YEAH, AND I, I RECALL WE DID HAVE A VARIANCE ON THAT ONE ALSO, AND I BELIEVE THAT'S THE FRONT SETBACK, WHICH IDZ LIKE THIS ONE, THIS IDZ REQUIRES IS ZERO FRONT SETBACK. SO THE OTHER ONE MIGHT BE FACING THE FRONT. THIS ONE'S FACING THE SIDE ON CAESAR CHAVEZ. ALRIGHT, THANK YOU MR. MANNA. ANY OTHER QUESTIONS FROM THE BOARD? DEAN? ANY OTHER QUESTIONS? RIGHT HERE? OH, MR. DEAN. HEY, UM, THE, UH, COURTYARDS, UH, THAT WAS INTERESTING THE WAY YOU EXPLAINED IT. IS IT GONNA BE, UM, UH, IMPERVIOUS COVER OR I'M JUST CURIOUS, YOU KNOW, TRYING TO, YOU KNOW, SEE HOW IT'S GONNA BE, UH, DONE BECAUSE I SEE A LOT OF GREENAGE, YOU KNOW, AND, UH, THINGS LIKE THAT. CAN YOU ELABORATE MORE ON THAT? YEAH, IT'S, IT'S, IT'S A COMBINATION. SO, UH, SOME OF IT WOULD BE, UH, PAVERS EITHER BRICK OR CONCRETE PAVERS. AND THEN SOME OF IT WOULD BE IMPERVIOUS COVER. UM, WHETHER IT'S KIND OF, UH, DG, UH, OR EVEN LIKE SMALL LANDSCAPE BEDS. UH, THAT'S THE IDEA. YEAH, WE'RE STUDYING, UH, HOW MANY TREES 'CAUSE WE LOVE THE IDEA THE WAY THIS LOOKS WITH ALL THOSE TREES IN THERE. UM, AND SO YEAH, STUDYING HOW, HOW MUCH SPACE WE NEED TO INCLUDE ENOUGH PLANTING STRIPS FOR ALL THOSE TREES. UM, 'CAUSE I, I, I DO THINK TO, TO KIND OF MARK THAT BALANCE BETWEEN HAVING HARDSCAPE AND IN, IN SOFTSCAPE AND, YOU KNOW, EVEN WATER FEATURES. I THINK THAT'S WHAT'S GONNA MAKE THIS PLACE MAGICAL. THANK YOU, MR. DEAN, ANY OTHER QUESTIONS I'D ASK THE APPLICANT IF YOU WOULD LIKE TO, UH, HAVE ANY CLOSING REBUTTAL OR REMARKS YOU HEARD SOME OF THE CONCERNS OF THE BOARD AND, UM, JUST IF YOU WOULD LIKE TO JUST CLOSE WITH SOME FOLLOWING REMARKS. NO, I, I, I APPRECIATE, UH, ALL OF YOUR TIME AND, AND, AND YOUR EFFORT. I THINK FROM OUR PERSPECTIVE, UM, THIS WANTS TO FEEL REALLY SPECIAL AND, AND, AND URBAN. UM, YOU KNOW, WE'VE DONE A LOT OF, A LOT OF THE LEGWORK AND GETTING TO THIS POINT AND, AND, AND I THINK IT'S A PROJECT THAT, UH, WE'LL BE SUPER PROUD OF AND HOPEFULLY, UH, WE'LL ALL BE ABLE TO VISIT ONE DAY. SO THANK YOU. THANK YOU, SIR. UH, THIS CLOSES THE PUBLIC PORTION. I'D ASK A MEMBER OF THE BOARD IF YOU COULD PLEASE, UH, MAKE A MOTION, MAN REGARDING CASE NUMBER BO 8 2 5 1 0 3 0 0 0 0 5. I MOVE THE BOARD ADJUSTMENT GRANT REQUEST FOR A FOUR FOOT 11 INCH VARIANCE FROM A MINIMUM FIVE FOOT SIDE AND REAR SETBACKS TO ALLOW A ONE INCH SIDE AND REAR SETBACK SITUATED AT 1 4 1 LAVACCA STREET AND SIX 20 MATAGORDA STREET. UH, APPLICANT BEING OXBOW DEVELOPMENT GROUP, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN THE HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THE RE THIS REQUEST IS NOT CONTRARY TO PUBLIC [01:55:01] INTEREST. AS REQUESTED, ONE INCH SIDE AND REAR SETBACK VARIANCES WILL NOT INFRINGE ONTO THE DAY RAIN PROPERTIES. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. IN THIS CASE, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS IT WILL PREVENT THE APPLICANT FROM DEVELOPING THE FULL POTENTIAL OF THE LOTS. THREE, BY GRANTING THE, UH, VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THIS REQUEST THAT THE REQUEST APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE AS THE APPLICANT HAS REQUESTED THIS VARIANCE PRIOR TO CONSTRUCTION AND WILL NOT IMPACT UPON OPEN SPACE AND SITE VISION. FOUR, THE VARIANCE WILL NOT AUTHORIZED THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THOSE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANTS NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORM PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. IF GRANTED, THE PROPOSED DEVELOPMENT WILL BE ONE INCH FROM THE SIDE AND REAR PROPERTY LINES, THIS WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT PERFORM PROPERTY NOR DIRECTLY AFFECT THE SURROUNDING PROPERTIES IN THE IMMEDIATE AREA. SIX, APPLY TO THE OWNER PROPERTY FOR WHICH THIS VARIANCE OF 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 OR NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN DISTRICT IN WHICH THIS PROPERTY IS LOCATED. THEY APPLY TO THE OWNER PROPERTY FOR WHICH THIS VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND DO NOT APPEAR MERELY FINANCIAL AND IN MOTION. CO. SECOND, SECOND. SECOND. ALRIGHT, MR. MANDEN, WOULD YOU LIKE TO PROVIDE SOME DIALOGUE ON? SURE. SO, UH, YEAH, I'LL BE SUPPORTING THIS FOR, FOR A COUPLE REASONS. UM, ONE IS THAT I THINK THAT, UM, YOU KNOW, WE'VE TALKED ABOUT HOW IT IS THAT THE DOWNTOWN AREA IS GONNA BE DEVELOPED, AND I THINK THIS IS CONSISTENT WITH WHAT WE HAVE HEARD IN THE PAST AND, AND READ, YOU KNOW, FROM, I GUESS FROM THE CITIZENS, YOU KNOW, THAT ARE PUBLISHED TO THE NEWS. UM, ALSO I THINK, YOU KNOW, IT WAS BRILLIANT TO GET THE NEIGHBORHOODS TO BUY INTO THE PROCESS ITSELF, UM, BECAUSE, UH, YOU KNOW, TRULY THEY'RE, THEY'RE THE ONES THAT GONNA BE DIRECTLY IMPACTED ON DAY TO DAY BASIS AND, UH, UH, AND, AND, AND THEY'RE, THEY'RE WHOLEHEARTEDLY FOR IT. AND THEN THE THIRD IS, I THINK, YOU KNOW, THE NOTION OF THE SETBACKS ARE INTERESTING FROM AN IDZ PERSPECTIVE. 'CAUSE IT, YOU KNOW, AGAIN, GOING THROUGH THE DIALOGUE OF WHERE WE ADDRESS IT OFF OF AND, AND WHAT'S PERMITTED. SO IF IT HAD A DIFFERENT ADDRESS, THEN BASIC, IT'S ZERO AND IT WOULDN'T BE HERE. AND, AND I THINK THAT THERE'S OTHER PROPERTIES ALONG, UM, UH, SAILOR, WHICH, YOU KNOW, THAT'S WHY I ASKED THAT QUESTION IS THAT I THINK THAT THEY ARE BASICALLY IN THE SAME BOAT, JUST HAPPEN TO BE ADDRESSED DIFFERENTLY. SO, SO BECAUSE OF THOSE REASONS, I'LL BE IN FAVOR OF THIS. THANK YOU MR. STEVENS. UH, YEAH, I, I THINK THAT THIS IS A, A CORNER THAT LOOKS VERY SAD RIGHT NOW AND IT'S, IT'S IN DESPERATE NEED OF A EXPERIENCED DEVELOPMENT TEAM. SO I LOOK FORWARD TO THIS BEING BUILT UP. AND FIVE FOOT SETBACKS DON'T MAKE SENSE IN THE URBAN CORE WHEN YOU CAN CREATE SPACES THAT PEOPLE ACTUALLY USE. SO I'LL, I'LL BE IN FULL SUPPORT OF THIS. THANK YOU. UM, WITH THAT SAID, LET'S GO AHEAD AND TAKE A ROLL CALL VOTE. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER YBANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACTS. COMMISSIONER BENAVIDEZ? I CONCUR. COMMISSIONER VASQUEZ, YOU CONCUR. CHAIR ZUNA? YES. I CONCUR WITH 11 IN FAVOR. ZERO AGAINST THE, THE MOTION PASSES UNANIMOUSLY. GOOD LUCK WITH THE PROJECT. WE'RE EXCITED TO SEE IT COMING THROUGH. THANK YOU SIR. ALRIGHT, THE TIME IS, UH, 3 0 5. IF WE COULD GET, UH, OUR CHAIR BACK, THAT'D BE MUCH APPRECIATED. AND THANK YOU COMMISSIONER VAZQUEZ. OH, YOU'RE, YOU'RE WELCOME. BYE-BYE BYE. ALL RIGHT. IT'S 3 0 6 AND I'VE RETURNED ITEM FIVE. ITEM NUMBER FIVE IS BO A DASH 25 DASH 0 3 0 2. ADDRESS IS 25 43 DRY MOSS WAY. UH, AT COUNCIL DISTRICT FOUR, THIS IS DAVISON HOLMES LLC AND IT'S REQUEST FOR A F 417 SQUARE FOOT VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT LOT SIZE TO ALLOW A SINGLE FAMILY RESIDENTIAL DEVELOPMENT ON A 3583RD 83 SQUARE FOOT LOT ZONING [02:00:01] IS MF 33. SUBJECT PROPERTY IS LOCATED WITHIN THE SUB, UH, WITHIN UH, THE PALO ALTO ROAD WITHIN WHITE, UH, APPLEWHITE MEADOWS SUBDIVISION WEST OF FUJI COURT ON DRY MOSS WAY CUL-DE-SAC, THE APPLICANT BEING THE PROPERTY OWNER IS REQUESTING A 417 FOOT SQUARE FOOT MINIMUM. LOT SIZE VARIANCE FOR THE PROPOSED SINGLE FAMILY RESIDENTIAL DEVELOPMENT ON THE PROPERTY PERMITS ARE PENDING THE BOARD OF ADJUSTMENT. THIS IS A SITE PLAN. THIS IS AN AERIAL VIEW OF THE DEVELOPMENT AREA. THIS IS SUBJECT PROPERTY AND THE SURROUNDING AREA. SENIORS NO LONGER HAVE TO PAY FOR THEIR GAS ELECTRIC OR THERE IS A NEW BENEFIT FOR AMERICA. STAFF RECOMMENDATION FOR THE MINIMUM LOT SIZE VARIANCE STAFF RECOMMENDS APPROVAL AND BO OA DASH 2 2 503 0 0 0 2. BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUESTS WILL NOT ALTER THE ESSENTIAL CHARACTER OF THAT NEIGHBORHOOD AND THE PROPERTY WILL BE ABIDING ALL OTHER DIVI DIMENSIONS IN THE SETBACK REQUIREMENTS. UM, STAFF MAILED FOUR NOTICES ZERO WERE IN FAVOR, ZERO IN OPPOSITION, AND IS NOT LOCATED WITHIN A 200 FOOT REGISTERED NEIGHBORHOOD ASSOCIATION. THAT CONCLUDES STAFF'S PRESENTATION. APPLICANT IS AVAILABLE MANNA. SO MATT, CAN WE, SO THIS IS THE NEW DEVELOPMENT, SO ARE THERE MORE LOTS IN THIS DEVELOPMENT THAT ARE GONNA BE FACING THE SAME CHALLENGE? SO, OKAY. YES, THERE ARE MM-HMM . YES. UH, APPLICANT INDICATED THAT THEY WERE NOT PREPARED, UH, FOR CONSTRUCTION ON OTHER ONES. SO, UM, THEY'RE JUST GOING WITH THIS ONE FOR NOW. OKAY. SO MY QUESTION IS, ARE THESE LOTS ALREADY PLATTED? THAT'S CORRECT. I BELIEVE. AND, AND IT'S ALL ZONE MF 33. NO, I THINK THAT WAS A TYPO. THERE'S, WELL, ACTUALLY, I'M SORRY. YES, I WAS LOOKING AT A DIFFERENT CASE. THAT'S CORRECT. THEY ARE MF 33 BECAUSE THEY'RE BUILDING SINGLE FAMILY THAT TO MEET THE R FOUR STANDARD. OKAY. AND, UH, DO YOU HAPPEN TO KNOW, UM, WELL I'LL ASK THE DEVELOPER, ARE YOU REPRESENTING THE DEVELOPER? YES. SO MY NAME IS CARL NOVIN. I'M THE DIRECTOR OF PURCHASING FOR DAVIDSON HOMES. ALRIGHT. UH, WELL THANKS FOR STATING YOUR NAME. TELL US ABOUT YOUR PROJECT. UH, SO YEAH, SO THIS IS JUST ONE OF OUR SUBDIVISIONS. UH, THIS ONE'S APPLEWHITE MEADOWS AND REALLY IT'S JUST YOUR BASIC SUBDIVISION. AND REALLY WE'RE JUST ASKING, REQUESTING THAT VARIANCE, UM, AND MAKING NO OTHER CHANGES TO ANY SETBACKS OR, UH, USES WHATSOEVER. EVERYTHING ELSE IS BEING COMPLIED WITH. IT'S JUST THE DEVELOPER, UH, DID, UH, MAKE THAT LOT A LITTLE UNDERSIZED. AND THE WE HEARD THAT THERE WOULD BE OTHER ONES COMING. IS IT JUST THE FOUR THAT ARE BUDDING THAT CUL-DE-SAC? NO, THE, UM, THERE WERE A COUPLE OF OTHERS SCATTERED THROUGHOUT THE SUBDIVISION. MOST OF THE ONES IN THE CUL-DE-SAC ALSO COMPLY WITH THE 4,000 SQUARE FEET AT LEAST. OKAY. 'CAUSE I'M, YOU KNOW, IT'S NOT LIKE YOU'RE OFF 50 SQUARE FEET, YOU'RE OFF A LIKE 400. IT'S A SIGNIFICANT AMOUNT. YES. SO WHAT, SO WHAT HAPPENED? I DO NOT KNOW. WE PURCHASED THESE LOTS FROM A, FROM A DEVELOPER AND, UH, THIS WAS THE FIRST TIME THAT WE RAN ACROSS THIS ISSUE. WE WERE ACTUALLY UNAWARE OF IT. WE JUST DID NOT, UH, WE DID NOT LOOK AT THE SQUARE FOOTAGE OF EVERY SINGLE LOT. THERE ARE SOME 100 AND SOMETHING, UH, LOTS IN THAT DEVELOPMENT. WOW. I BELIEVE THE DEVELOPER JUST WANTED US TO FIND OUT ABOUT IT LATER AND TAKE CARE OF IT AT THAT TIME, WHICH, THAT'S WHAT I'M HERE . OKAY. WELL, YOU KNOW, THE ONLY THING I WOULD SAY IS THAT I'D SURE HATE FOR YOU TO COME BACK HERE 15 TIMES OR WHATEVER NUMBER YOU'RE AT. MM-HMM . UM, I DON'T THINK ABOUT ACTUALLY KNOW THAT NUMBER. YEAH. MAKING A, A LIST OR SOMETHING. UH, I CAN CERTAINLY CR CREATE A LIST. UM, OKAY. AND SUBMIT IT. I DON'T THINK WE CAN DO THAT RIGHT NOW. UM, ALL RIGHT. WOULD THAT BE POSSIBLE TO DO THAT AFTER THE FACT? RIGHT AFTER THIS? SO IF WE WERE TO OFFER A CONTINUANCE, WOULD HE HAVE JUST ONE APPLICATION FEE TO PAY FOR ALL OF THE LOTS THAT HE'S BRINGING FORWARD VERSUS A ONE OFF. YEAH. SO WE OFFERED THE APPLICANT EXACTLY WHAT YOU'RE SAYING. UM, JUST WASN'T PREPARED TO COME FORWARD WITH ANYTHING ELSE. OKAY. WELL, WE CAN MOVE FORWARD TODAY, UNLESS YOU'RE PREPARED NOW TO ASK FOR THE CONTINUANCE TO LOOK, TO BRING IN EVERYTHING BACK AS ONE. WE'RE LOOKING, IF IT IS A, SORRY, IF IT, IF IT IS, IF CONTINUANCE AND WE'RE ADDING ANYTHING, IT HAS TO BE READVERTISED. YEAH. YEAH. I WOULD PREFER TO MOVE FORWARD WITH JUST THAT ONE LOT. WE'RE LOOKING TO START THAT PARTICULAR LOT. UM, I'LL GO AHEAD AND DO THE HOMEWORK AFTER THE FACT AND, AND FIGURE OUT IF AND WHERE THOSE OTHER LOTS ARE. SO WHILE WE HAVE THE DIALOGUE GOING, UM, THE HARDSHIP, IF THIS VARIANCE WAS NOT PASSED, THE HARDSHIP FOR YOU AS THE BUILDER WOULD BE NOT, UH, WE WOULD, YOU'D HAVE TO AMEND THE PLAT AND GET RID OF A LOT ON THAT STREET. UH, ACTUALLY NO. THE, UM, WE WOULD NOT BUILD ANYTHING ON THAT LOT. AND IN FACT, UM, WE WOULD HAVE TO DISCLOSE THAT TO ANY POTENTIAL SELLERS. THE LOT'S EFFECTIVELY WORTHLESS. YOU COULD DO NOTHING WITH IT. [02:05:01] OKAY. THANK YOU. THANK YOU. ALL RIGHT. CRUZ. COMMISSIONER CRUZ. OH, SIR, YES. OH, YES MA'AM. WELL, HOW MANY HOMES ARE CURRENTLY BEING BUILT IN THIS AREA? AND YOU'RE TALKING ABOUT HOW MANY MORE? UH, I DON'T KNOW EXACTLY THE AMOUNT IN THIS SUBDIVISION. WE BOUGHT SOME 100 LOTS, UH, JUST US. UM, AND I BELIEVE THERE IS ONE OTHER BUILDER ACTIVELY BUILDING IN THERE AS WELL. AND HOW MANY HOMES HAVE BEEN COMPLETED, DO YOU KNOW? UH, JUST FROM OUR SIDE, WE'VE BUILT ABOUT 30 TO 40 HOMES AT THIS TIME. THANK YOU. MM-HMM . MANNA, COMMISSIONER, MANNA. SO FOR CITY STAFF, ANOTHER OPTION FOR THIS CLIENT POTENTIALLY IS THERE, IS THERE A, UM, ZONING DISTRICT THAT'S LESS THAN R FOUR THAT WOULD COMPLY WITH THIS? HE CAN, SO R THREE, SO, SO IT COULD BE R THREE LOTS, UM, YOU KNOW, ON THESE. AND SO, YOU KNOW, SO THAT, THAT'S CERTAINLY ANOTHER OPTION AS WELL. 'CAUSE THAT KEEPS IT COMPLIANT AND, AND MAYBE CLEANER. SO. WELL, UM, MY THING, I, I WAS TRYING TO FIGURE OUT HOW, HOW MANY LOTS OF THIS ENTIRE NEIGHBORHOOD ARE SUBSTANDARD. I MEAN, I COULD SEE HOW ONE SNEAKS THROUGH, BUT I MEAN, HOW DO YOU HAVE THAT MANY FROM WHAT I'M, I DON'T KNOW HOW MANY, BUT, WELL, MORE THAN ONE. AND THAT'S WHY I WENT DOWN THE PATH OF R THREE. IT'S LIKE, OKAY, MAKE IT, MAKE IT RIGHT AS, AND ADVERTISE WHAT IT IS VERSUS SETTING SO MANY THAT ARE OUTTA COMPLIANCE AND, AND, AND DOING THE, EXCEPT OF STEVENS COMMISSIONER STEVENS. I, I, I'M STRUGGLING WITH THIS A LITTLE BIT MYSELF. I, I, I CAN APPROVE THESE ALL DAY LONG WHEN THEY'RE INFILL PROJECTS, BUT THIS SEEMS LIKE A, A MAJOR DUE DILIGENCE MISHAP. SO TO ME, TO CLARIFY ON THE LOT NUMBER OF LOTS, UH, THIS IS THE FIRST ONE THAT WE DID, UH, COME UP AGAINST. WE HAVE BUILT IN THESE CUL-DE-SACS BEFORE. SO IF I WERE TO SPITBALL JUST A NUMBER, I WOULD THINK THIS IS ONE OF TWO OR MAYBE THREE LOTS IN THE ENTIRE SUBDIVISION THAT HAVE THIS ISSUE. UM, IT SHOULD NOT BE A, UM, A HUGE ISSUE FOR THE ENTIRE SUBDIVISION. WHAT'S THE NAME OF THE SUBDIVISION? THIS ONE'S APPLE APPLEWHITE. OKAY. I'LL JUST ADD THIS ONE. CLARIFICATION. I, IF IT TURNS OUT THAT IT IS MANY, MANY LOTS, UM, THEN WE DO RE UH, REQUEST THAT THEY REZONE THEM. THAT'S THE BEST APPROACH. UM, SO AT THIS POINT, BECAUSE WE'RE NOT REALLY SURE HOW MANY THERE ARE, I MEAN, YOU COULD PROCEED WITH THIS ONE AS HE'S REQUESTING IT, UM, BUT WE'RE JUST REALLY UNSURE, UNCLEAR RIGHT NOW AT THIS POINT, HOW MANY WOULD ACTUALLY NEED VARIANCES. SO, SO WITH YOUR CLARIFICATION, THIS SOUNDS LIKE MORE LIKE ONE OFF, NOT SO MUCH A PATTERN ACROSS A HUNDRED LOTS, LIKE CORRECT. YOU'RE NOT LOOKING AT LIKE 20% OF THESE THINGS? NO, CERTAINLY NOT, CERTAINLY NOT 20%. LIKE I SAID, IF, IF I HAD A SPITBALL NUMBER, I WOULD SAY THIS IS ONE OF TWO, MAYBE THREE ON THE OUTSIDE. UM, OF COURSE I CAN FIND THAT EXACT INFORMATION OUT. UH, I JUST DON'T HAVE A EXACT LIST OF THE SQUARE FOOTAGE OF THE LOTS. I HAVE A ESTIMATING SOFTWARE THAT I CAN GO IN THERE AND AND FIGURE THAT OUT. BUT THIS IS THE FIRST ONE. AND WE HAVE BUILT IN THE CUL-DE-SACS BEFORE. WELL, THE CITY SHOULD BE ABLE TO PROVIDE YOU WITH THEIR SINGLE FAMILY. I ASSUME THEY DID A SINGLE FAMILY, UH, LOT SIZE PAPERWORK ON THIS SUBDIVISION WHERE IT'S ALL SUM, EVERY SINGLE LOT'S, ALL SUMMARIZED WITH THE SQUARE FOOTAGE AND EVERYTHING THAT WAY MAKE, MAYBE IT'LL MAKE IT EASIER ON YOU. MM-HMM . WELL, YEAH. 'CAUSE THIS WAS, THIS WAS PLATTED IN 19, UH, I'M SORRY, 2020. IT'S A 2020 PLAT ID WITH THE 400 NUMBER. SO IT WAS PROBABLY DONE IN, IN THE FALL OF 2020. GOD, I JUST CAN'T BELIEVE IT. OKAY. ANY OTHER QUESTIONS? COMMISSIONER ZUNA? UH, JUST FROM MY, MY UNDERSTANDING WHAT KIND OF PRICE POINT, IT WAS KIND OF AN AFFORDABLE HOUSE, UH, COMMUNITY, KIND OF FIRST TIME HOME BUYER TYPE, CORRECT? YEAH. THIS IS AFFORDABLE PRODUCT, UH, 30 FEET WIDE. THESE ARE 40 FOOT WIDE LOTS. AND, UH, OUR PRICE POINT IS, UM, I WOULD, I WOULD SAY LOW TWO HUNDREDS. RIGHT. OKAY. UH, WE'RE STARTING AT 2 39, I BELIEVE. SO. AFFORDABLE PRODUCT, CORRECT? YEAH. THANK YOU. YEAH, I MEAN, I, I CAN, UH, OFF THE BAT SEE SOME LOTS THAT ARE 30 FEET WIDE, WHICH IS ALSO NOT IN LINE WITH R FOUR. I DON'T KNOW, UH, THAT WOULD NOT BE AN R SECTION. UH MM-HMM. WE ONLY BOUGHT 40 FOOT WIDE LOTS. YEAH. OKAY. YEAH, A COUPLE LOTS TO THE EAST OF YOURS IS 30 FEET. ALL RIGHT. UH, ANY OTHER QUESTIONS? HEARING NONE? I'M LOOKING FOR A MOTION. OH, IS THERE ANY PUBLIC COMMENTARY ON THIS? ANYONE TIME TO SPEAK? ANY VOICEMAIL? NO PUBLIC COMMENT. ALRIGHT. LOOKING FOR A MOTION. STEVENS COMMISSIONER STEVENS? [02:10:02] UH, YES. OKAY. REGARDING CASE NUMBER BO EIGHT DASH 25 DASH 3 0 0 2, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR A 417 SQUARE FOOT VARIANCE FROM THE MINIMUM 5,000 SQUARE FOOT LOT SIZE TO ALLOW SINGLE FAMILY RESIDENTIAL DEVELOPMENT ON A 3,500 HUNDRED 83 SQUARE FOOT. LOT SITUATED 2 5 4 3 DRY MOSS WAY. APPLICANT BEING DAVIDSON HOLMES, LLC. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNITED OF U 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. THIS REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST AS THE APPLICANT IS ABIDING BY THE SETBACK REQUIREMENTS, WHICH WILL NOT INFRINGE ONTO THE NEIGHBORING PROPERTIES DUE TO SPECIAL CONDITIONS. A LITERAL TWO DUE TO SPECIAL CONDITIONS, A LITERAL 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 ITS, WITHOUT THIS VARIANCE, AN UNNECESSARY HARDSHIP WILL PREVENT THE APPLICANT FROM DEVELOPING THIS LOT. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUEST APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE, AS THE APPLICANT IS REQUESTING THIS VARIANCE PRIOR TO THE CONSTRUCTION WILL BE ABIDING ALL OTHER BUILDING REQUIREMENTS SUCH AS SETBACK, MINIMUMS, BUILDING HEIGHT, AND LOT DENSITY. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OR USE OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH A VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. GRANTING THE 417 SQUARE FOOT VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. AND SETBACK REGULATIONS WILL ENSURE ADJACENT PROPERTIES REMAIN UNINJURED. SIX. THE PLIGHT OF THE OWNER OF THE PRO OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION. SECOND, SECOND. SECOND BY COMMISSIONER ZUNA. COMMISSIONER STEVENS. OKAY, REAL QUICK, UM, I BELIEVE YOU SAID 5,000 SQUARE FOOT. IT'S 4,000 SQUARE FOOT, THE MINIMUM. SORRY ABOUT THAT. I'LL AMEND THAT TO 4,000 SQUARE FOOT. ALRIGHT, COMMISSIONER STEVENS, I, I THINK I'M GONNA LOOK AT THIS AS JUST A SINGLE CASE AND NOT THINK ABOUT THE REST OF THE PROPERTIES THAT Y'ALL ARE ATTEMPTING TO DEVELOP. AND I WILL BE IN FAVOR OF THIS. UM, I'M A LITTLE CONFLICTED BECAUSE IT DOES SEEM LIKE A DUE DILIGENCE THING AND, AND, YOU KNOW, IT IS NOT OUR JOB UP HERE TO MAKE SURE THAT PEOPLE'S BUSINESS PLANS WORK OUT, BUT AT THE SAME TIME, I DON'T WANT TO TAKE AWAY THE POTENTIAL FOR HOUSING IN A CITY THAT IS DESPERATE FOR AFFORDABLE HOUSING, WHATEVER THAT IS. UM, SO I'LL ULTIMATELY BE IN FAVOR. ALL RIGHT. COMMISSIONER ZUNA? YES, I CONCUR AS WELL. AND THEN I, I LOOK AT IT AS, UH, AS THE, UH, THE PERSON THAT'S GONNA PURCHASE A HOUSE, THEY KNOW WHAT THE CONDITIONS ARE GONNA BE WHEN THEY BUY IT, UH, PROVIDES AN AFFORDABLE HOUSING AND MUCH NEEDED HOUSING, UH, IN, IN THAT PART OF SAN ANTONIO AND SAN ANTONIO IN GENERAL. SO, UH, THAT I SUPPORT IT AND WE'LL SEE, YOU KNOW, IF THE OTHER LOTS COME BEFORE THE BOARD AND, UH, KINDA MAKE THAT MANANA ADJUSTMENT. COMMISSIONER MANON. SO, UM, I, I'M, I LIKE, UM, MISS, UH, MR. STEVEN'S THOUGHTS WITH REGARDS TO, YOU KNOW, JUST THIS ONE OFF PERSPECTIVE, YOU KNOW, 'CAUSE I'D HATE TO THINK THAT WE HAVE PEOPLE THAT ARE, UM, DEVELOPING AREAS THAT ARE UNDERSIZING IT INTENTIONALLY AND BASICALLY SKIRTING, YOU KNOW, THE, THE WHOLE ZONING DISTRICT NOTION AND SO, SO IF THAT'S GONNA BE THE CASE, THEN I WILL HAVE A BIG STRUGGLE, YOU KNOW, FOR FUTURE CASES. SO, BUT FOR THIS ONE, YOU KNOW, I WILL TREAT IT AS A ONE-OFF. COMMISSIONER BRAGMAN? YES, I'M GONNA BE AS FOR THE MOTION AS WELL. UM, TEXAS'S FACE IS CURRENTLY 300,000 UNITS SHORT IN TERMS OF HOUSES FOR ITS CURRENT, UH, POPULATION. WE'VE GOT 1300 PEOPLE MOVING TO TEXAS PER DAY AND THEY NEED TO GO SOMEPLACE. AND THE BIGGEST SHORTAGE IS IN THE OPENING PRICE POINT, FIRST TIME HOME BUYERS. SO I THINK THAT, UM, AS COMMISSIONER STEVENS SAID, HOPEFULLY THIS IS A ONE OFF AND IT CAN BE ADDRESSED, UM, DOWN THE ROAD IF IT TURNS OUT NOT TO BE THAT WAY. SO I'LL BE IN SUPPORT. ALL RIGHT. AND I'LL CLOSE BY SAYING I'LL ALSO BE IN SUPPORT. I KNOW THE 40 FOOT WIDTH IS, IS IN SOME INSTANCES MORE IMPORTANT THAN THE DEPTH THAT, SO THIS INDIVIDUAL MIGHT HAVE A LOWER, A SMALLER BACKYARD, BUT AT LEAST THEY'LL BE ABLE TO HAVE A, A A A HOUSE AS CON CONDUCIVE TO THE R FOUR. HOWEVER, IN THE FUTURE THERE ARE SOME OTHER LOTS WHERE AN AMENDING PLAT TO MOVE OVER A LOT LINE WOULD FIX [02:15:01] THE PROBLEM. SO I MAY NOT BE, UH, ACCEPTABLE, UH, WITH OTHER LOTS IN THE FUTURE. LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER BONIS. I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ. I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. UH, CONGRATULATIONS. YOU HAVE, I HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. ALRIGHT. MM-HMM . UH, NEXT ITEM. DOES ANYBODY NEED A BREAK? AND WE KEEP MOVING THROUGH? ALL RIGHT, ITEM SIX. ITEM NUMBER SIX IS BO OA DASH 25 DASH 0 3 0 0 0 4. ADDRESS IS 3 0 6 SOUTH GENERAL MULLEN AND 45 38. UH, MONTEREY STREET COUNSEL, DISTRICT FIVE. APPLICANT, UH, OLIVIA'S, UH, ARMAND ARMAND. ANDREAS, UH, IF THE REQUEST IS FOR A FENCE, MATERIAL VARIANCE TO ALLOW CORRUGATED METAL FENCING AND ZONING IS C3 R. SUBJECT PROPERTY IS LO IS LOCATED ALONG SOUTH GENERAL MCMULLEN AND MONTEREY STREET, SOUTH OF WEST COMMERCE STREET. LOCATED WITHIN THE LAS PALAMAS NEIGHBORHOOD ASSOCIATION. APPLICANT HAD A FENCE CONSTRUCTED WITHOUT A PERMIT AND RECEIVED A VIOLATION NOTICE FROM CODE ENFORCEMENT IN DECEMBER OF 2024. THE FENCE IS A CORRUGATED METAL FENCE SURROUNDING THE REAR AND SIDE YARDS MEASURING SEVEN FEET. THE PROPERTY CONSISTS OF A CONCRETE LOT AND A GARAGE STRUCTURE. THE PROPERTY IS PERMITTED AN EIGHT FOOT FENCE HEIGHT ON THE SIDE AND REAR YARD AS COMMERCIAL BUDDING SINGLE FAMILY USE IS PERMITTED. AN EIGHT FOOT FENCE SITE PLAN, SUBJECT PROPERTY, A MEASUREMENT OF THE FENCE SURROUNDING AREA. STAFF RECOMMENDATION FOR THE FENCE MATERIAL VARIANCE. STAFF RECOMMENDS DENIAL AND BOA DASH TWO FIVE DASH 0 3 0 0 0 4 BASED ON THE FOLLOWING FINDINGS OF FACT ONE SECURITY CAN BE PROVIDED ON THE LOT BY NON PROHIBITED FENCE MATERIAL AND THE USE OF CORRUGATED METAL DOES NOT APPEAR TO PROVIDE ANY ADDED SECURITY TO THE PROPERTY. ABUTTING THE SINGLE FAMILY DWELLINGS TO THE SOUTH AND THE NORTH OF THE INDUSTRIAL LIKE FENCE MATERIAL WILL ADVERSELY IMPACT THE NEIGHBORHOOD LOOK AND CHARACTER. CHARACTER AND THROUGH THE REQUESTED VARIANCE WILL ALTER THE ESSENTIAL CHARACTERISTICS OF THE DIS DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF MAILED 36 NOTICES. THREE WERE IN FAVOR, ZERO IN OPPOSITION AND NO RESPONSE FROM THE LAS NO NEIGHBORHOOD ASSOCIATION. THESE ARE THE IN FAVOR. THIS CONCLUDES STAFF'S PRESENTATION. APPLICANT IS AVAILABLE. ALL RIGHT, THANK YOU VERY MUCH. DOES THE APPLICANT COME FORWARD, PLEASE? IS THE APPLICANT FOR UM, 3 0 6 SOUTH GENERAL MCMULLEN HERE, APPEARS THAT THEY ARE NOT HERE. OKAY. UM, I'M GOING TO TABLE THIS ITEM. UH, SEE IF STAFF, MAYBE YOU CAN GET IN TOUCH WITH THEM AND, UH, WE'LL MOVE ON TO THE LAST ITEM. ITEM EIGHT. ALL RIGHT. THIS BE ITEM NUMBER EIGHT, BO EIGHT DASH TWO FIVE DASH 0 3 0 0 0 6. ADDRESS IS 7 24 SANDMEYER STREET COUNCIL. DISTRICT TWO APPLICANT IS MATEO RODRIGUEZ LAVA. EVA, I REQUEST FOR A SEVEN FOOT VARIANCE FROM THE MAXIMUM THREE FOOT FRONT FENCE HEIGHT TO ALLOW A 10 FOOT FRONT YARD PRIVACY FENCE TO A FOUR FOOT VARIANCE FROM THE MAXIMUM SIX FOOT [02:20:01] FENCE HEIGHT TO ALLOW A 10 FOOT SIDE AND REAR PRIVACY FENCE. THREE A 16 FOOT VARIANCE FROM THE MINIMUM 25 FOOT CORNER. CLEAR VISION TO ALLOW A NINE FOOT CORNER CLEAR VISION. A SIX FOOT VARIANCE FROM THE MINIMUM 15 FOOT DRIVEWAY VISION, UH, TO ALLOW A NINE FOOT DRIVEWAY, DRIVEWAY CLEAR VISION. AND FIVE, A REQUEST FOR A VARIANCE FROM THE FENCE MATERIALS TO ALLOW CORRUGATED METAL FENCE ON THE PROPERTY. ZONING IS R SIX. SUBJECT PROPERTY IS LOCATED NORTH OF INTERSTATE 35 WEST OF NORTH WALTER STREET. ON THE CORNER INTER INTERSECTION OF EDGAR AVENUE, EDGER AVENUE AND SAND MEYER STREET. ON DECEMBER 5TH, 2024, CODE ENFORCEMENT RESPONDED TO A CITIZEN CALL FOR A FENCE CONSTRUCTED AROUND A VACANT RESIDENTIAL LOT WITHOUT A PERMIT. THE APPLICANT STATED TO CODE ENFORCEMENT THAT TEXAS REGULATION PROVIDES AUTHORITY TO INSTALL A DEFENSIVE FENCE WITHOUT A PERMIT. CODE. ENFORCEMENT EXPLAINED THAT LOCAL REGULATIONS REQUIRES A PERMIT. THE APPLICANT ON BEHALF OF THE PROPERTY OWNER IS SEEKING A SEVEN FOOT FENCE HEIGHT VARIANCE TO ALLOW A 10 FOOT FRONT YARD FENCE, A FOUR FOOT VARIANCE FROM THE 10 10 FOOT SIDE FENCE AND REAR YARD FENCE. AND THEN THE QUARTER AND CLEAR, CLEAR VISION AND DRIVEWAY CLEAR VISION. AND ALONG WITH CORRUGATED MIDDLE, THIS IS A SITE PLAN. AND THESE ARE, UH, EXAMPLE PHOTOS PROVIDED BY THE APPLICANT OF OTHER PROPERTIES. UH, THE TOP PROPERTY IS AROUND THE STA UH, STAFFORD BENSON AREA, WHICH IS ACTUALLY WITHIN THE AREA, THE NEIGHBORHOOD. AND THEN THE OTHER, UH, PROVIDED WAS IN NORTHERN SAN ANTONIO AREA. AND THIS IS THE, UH, REGULATION IN WHICH THE APPLICANT PROVIDED FROM THE TEXAS CODE. CAN YOU PUT THAT? THERE YOU GO. OH, IT'S ON THE RIGHT. YEAH, I THINK IT STARTS AROUND THE END OF PAGE THREE INTO PAGE FOUR. YEAH. THIS IS FROM THE REAL PROPERTY CODE OR WHAT IS THIS? THIS IS FROM THE TE THIS IS WHAT WAS PROVIDED BY THE APPLICANT. THIS WILL BE MORE THE APPLICANT BE, IT LOOKS LIKE IT'S A SENATE BILL. I DON'T KNOW IF IT'S BEEN ADOPTED. WELL, WE'LL FIND OUT. OKAY. THIS IS A HISTORICAL VIEW OF THE PROPERTY FROM 20, UH, 2007 AND THEN ALSO 2022. AND THIS IS THE CURRENT, UH, FENCE. THIS, THIS SHOWS EDGER AVENUE AND SANDMEYER AVENUE. THE INTERSECTION. AND THIS IS THE MEASUREMENT FOR THE CLEAR VISION, THE CORNER CLEAR VISION. AND THIS WOULD BE THE FENCE HEIGHT. NOW THERE WAS ELEVATION. SO THIS WAS THE OVERALL THROUGHOUT WE TOOK SOME MEASUREMENTS AND THIS IS AN EXISTING FENCE. THE CHAIN LENGTH IS EXISTING ON THE PROPERTY AND THEN THIS IS BUILT WITHIN. AND THAT'S THE SEPARATION. AND THIS IS INSIDE THE PROPERTY. AND THIS WILL BE THE SURROUND. AND THESE ARE ALL JUST SURROUNDING AREA VIEWS. STAFF RECOMMENDATION FOR THE CLEAR VISION, FENCE, HEIGHT AND FENCE MATERIAL VARIANCE STAFF RECOMMENDS DENIAL AND BOA TWO FIVE DASH 0 3 6 BASED ON THE FOLLOWING FINDINGS OF FACT, THERE ARE NO UNIQUE CIRCUMSTANCES ON THE PROPERTY THAT MERIT DEVIATION FROM THE REQUIRED FENCE MATERIAL. AND THERE ARE NO OTHER SIMILAR FENCES IN THE AREA. TO THE VARIANCE WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. HAS NO OTHER FENCES ENCROACHED INTO THE CLEAR VISION IN THE IMMEDIATE VICINITY AND WOULD CREATE A SENSE OF SECLUSION. STAFF MAILED 24 NOTICES, ZERO IN FAVOR. NINE WERE IN OPPOSITION. WE HAD NINE IN OPPOSITION, UH, WITH OUTSIDE OF THE 200 FOOT, UH, PROPERTY AND GOVERNMENT HILL ALLIANCE NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION. AND THE GOVERNMENT HILL TOMORROW COMMUNITY ORGANIZATION IS IN OPPOSITION. THERE WAS NO RESPONSE FROM THE SAN ANTONIO DISTRICT ONE RESIDENCE. AND [02:25:01] THE NEXT SEVERAL SLIDES ARE THE, UH, OPPOSITION. THIS ONE'S FROM GOVERNMENT HILL AND THIS ONE'S FROM GOVERNMENT HILL NEIGHBORHOOD ASSOCIATION. THE OTHER ONE WAS GOVERNMENT HILL TOMORROW. AND THESE ARE WITHIN THE 200 FEET. THIS WAS PROVIDED BY THE SAME, PROVIDED BY THE SAME APPLICANT IN EMAIL FORMAT AND IN, UH, RESPONSE FROM THE NOTIFICATION. AND THESE WOULD BE OUTSIDE OF THE AREA. THIS CONCLUDES STAFF'S PRESENTATION. APPLICANT IS AVAILABLE. UM, AND THEN THE APPLICANT DOES HAVE PHOTOS, UM, OF REDUCING THAT FENCE HEIGHT A LITTLE BIT, UM, AS WELL. SO THEY GOT SOME NEWER PHOTOS FROM WHEN OUR, WE TOOK OUR SITE VISIT. ALRIGHT, WELL LISTEN, WE COME FORWARD COMMISSIONER MANNA. SO, UH, DOES THE CITY HAVE THE ADDRESS OF THE ONE, UH, HOME, THOSE IN THE NEIGHBORHOOD THAT SHOWED A SIMILAR FENCING? UH, I THINK ONE OF THE PICTURES SHOWED. WELL, IF, IF YOU GO IT'S ON THE SAME NEIGHBORHOOD AREA, IT'S ON A DIFFERENT BLOCK, IT'S GONNA BE, UM, THAT ONE I DID NOT HAVE AN ADDRESS FOR. UM, BUT WE DID ANNOTATE IT ALSO, ALSO, UH, WALKED IN RIGHT BEFORE THE MEETING WAS A NOTICE WITHIN 200 FEET FROM LORENZO ORTIZ AT 25 47 NORTH INTERSTATE 35 IN OPPOSITION STATING NOT ONLY IS IT A SAFETY PROBLEM, IT DOES NOT FIT WITHIN THE SCOPE OF THE COMMUNITY. ALRIGHT, THANK YOU. SO THE APPLICANT COME FORWARD. IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. HELLO COMMISSION. I'M MATEO RODRIGUEZ. EVA AND WHAT I'M BUILDING IS A COMMUNITY GARDEN. IT LOOKS ROUGH RIGHT NOW, BUT I'M WORKING ON IT. AND WHAT I WANT TO BRING TO THE COMMUNITY IS A ONENESS, A WHOLENESS. AND AS YOU CAN SEE, I'M DOING THE OPPOSITE ON SOME OF THOSE COMMENTS. BUT I FEEL WITH CONTINUING TO BRING MY PASSION OF ART AND HORTICULTURE, JUST LIKE ACROSS THE, UH, PARKWAY IN NEW BRAUNFELS IS THEY HAVE A COMMUNITY GARDEN THAT EVERYONE GOES TO. BUT WITH THAT BEING SAID, THROUGHOUT TIME THROUGHOUT THE LAST FEW MONTHS THAT I'VE BEEN WORKING THERE, I HAVE SEEN SOME PROPERTY THEFT. I HAVE SEEN HOMELESSNESS WALKING THROUGH, BUT SINCE I'VE BEEN WORKING, I FEEL LIKE IT STOPPED A LITTLE BIT. I FEEL LIKE PEOPLE ARE COMING TOGETHER ONE WAY OR ANOTHER. SO I'M AN ARTIST. I HAVE ART, I HAVE SPRAY PAINT, I HAVE SCULPTURES AND WOOD AND RELIGIOUS ARTIFACTS AND, YOU KNOW, STATUES THAT I WANT TO PUT THERE WATERFALLS. AND UNTIL THEN, IT'S GONNA LOOK A LITTLE ROUGH WHILE I'M WORKING FROM CALIFORNIA AND LIVED IN THE MOUNTAINS. AND I WASN'T, I LOOKED UP ON 1588 AND TEXAS LEGISLATE TO BUILD AND IT SAID I DIDN'T NEED PERMISSION FROM AN HOA FOR A DEFENSIVE PERIMETER. AND ON TOP OF IT HAS MULTI USES WITH CORRUGATED SIDING. UM, IT PROTECTS FROM EMF, WHICH IS ELECTROMAGNETIC FREQUENCIES. AND I'VE HAD MANY FRIENDS OR PATRONS OR JUST INDIVIDUALS THAT HAVE WALKED ONTO SITE BECAUSE INSIDE LOOKS A LOT BETTER THAN THE OUTSIDE AT THE MOMENT. AND THEY SAY, I DON'T HEAR THE VOICES ANYMORE. THEY SAY, I CAN HEAR MYSELF TALKING AND THEY SAY I FEEL CALM AND NORMAL. I DON'T, I DON'T FEEL LIKE A BOMBARDMENT OF MEGAHERTZ OR FRUSTRATION FROM THE OUTSIDE WORLD. SO I'M TRYING TO CREATE A SAFE SPACE FOR EVERYONE TO EXIST, TO PUT THEIR HANDS IN THE DIRT TO GROW SOMETHING. I WORK WITH THE, UH, WARRIORS CRY PROJECT, WHICH IS WOUNDED WARRIORS WITH PTSD THAT NEED A PLACE LIKE THIS, THAT NEED A PLACE TO WHERE THEY'RE NOT LOOKED AT WHILE THEY'RE PLAYING [02:30:01] THEIR INSTRUMENTS, WHILE THEY'RE NOT LOOKED AT, WHILE THEY'RE DIGGING IN THE DIRT, CRYING, GETTING RID OF WHAT'S HAPPENING INSIDE OF THEM. AND MY BROTHERS TO COME TO HIS PTSD. AND SO IT'S BECOME A VERY BIG PASSION OF MINE TO HELP THE OTHER WOUNDED WARRIORS. 'CAUSE I DON'T KNOW IF ANYONE OF, WE'VE ALL HAD LOSSES IN OUR FAMILY AND YOU'RE NEVER THE SAME AFTERWARDS. AND TIME IS OF THE ESSENCE TO CONTINUE TO HELP THEM. ON TOP OF THAT, I HAVE APACHE SHAMANS, HINDU PRIEST, CHRISTIAN PRIEST THAT SEE THE FUTURE AND WHAT I'M DEVELOPING AND THEY WANT TO HELP OTHERS IN WELLNESS AND UNITY. AND SO I KNOW I'VE BEEN ASKING FOR VARIANCES AND IT COULD BE NINE FOOT, 10 FOOT IN SOME AREAS, AND I AM GOING TO CLEAN IT UP. I AM GOING TO MAKE IT LOOK BETTER. UM, PUT THE WOOD PILLARS ON THE SIDES, BORDER IT OUT. IF I NEED TO PUT SOME FENCING ON THE OUTSIDE, I'M WILLING TO ADJUST IT. UH, I JUST DON'T WANT TO TAKE THIS AWAY FROM THE PEOPLE AND I WANT Y'ALL TO PLEASE HELP ME PROVIDE A SAFE SPOT FOR THEM. I'M GONNA HAVE COMMUNITY GARDEN SESSIONS THAT TEACH YOU ABOUT DIRT, HOW TO GROW, HOW TO PLANT, HOW TO SEED, UH, MOVIE EVENINGS, UH, MUSIC IN THE STARS WATCHING, USING TELESCOPES AND ORBITAL PATHS AND CONJUNCTIONS OF THE PLANETS. SO I KNOW AT THE MOMENT IT'S ROUGH. AND WHAT I BELIEVED WAS THAT INSIDE MY FENCE, I DID NOT CHANGE THE ORIGINAL PERIMETER. I WAS JUST ADDING ON TO A SECONDARY DEFENSIVE PERIMETER WITH LIKE A G GAZEBO ATTACHED TO IT. AND WHILE I'M USING TOOLS, WHILE I HAVE THEM OUT ON MY PROPERTY, I DON'T WANT THEM TO WALK OFF IS ALL I'M SAYING. I JUST NEED A LITTLE SECURITY OVER THERE FOR THE MOMENT. UNTIL THEN, YOU KNOW, I I'M HERE WILLING TO CHANGE IT, WILLING TO WORK WITH THE COMMUNITY TO HAVE A BETTER OUTCOME. AND THAT'S WHERE I'M AT. YOU KNOW, THAT'S, THAT'S MY END OF IT. OKAY, SO I I'VE GOT A COUPLE QUESTIONS. SO YOU DON'T LIVE ON THE PROPERTY? I DID ONCE. WE HAD A HOME THERE THAT BURNED IN 2012. OKAY. SO IT'S BEEN A VACANT LOT. AND WHAT, AND I LIVED IN CALIFORNIA FOR, I DON'T WANT 15 YEARS OR SO, AND I'VE COME HOME. MOM IS OLDER, FAMILY'S GETTING OLDER, AND IT'S BEEN VACANT AND I'VE HEARD THERE'S, YOU KNOW, LIKE MAYBE PERHAPS SQUATTERS OR PERHAPS SOMETHING LIKE THAT THERE. SO I WANTED TO TURN THIS SPACE THAT IS VACANT. IT'S NOT HELPFUL TO ANYBODY AT THE MOMENT INTO A PLACE OF WELLNESS. OKAY. WELL, UH, AND I WANTED TO POINT OUT THAT THE, THE, THE SB THAT YOU HAD BROUGHT UP IS A SENATE BILL MM-HMM . UH, IT'S NOT, IT'S THE LAW. IT'S, IT'S OKAY POST, BUT IT'S WHAT IT'S DOING. IT'S A, IT'S, IT'S, IT'S ATTEMPTING TO AUGMENT A PART OF TEXAS PROPERTY CODE 2 0 2 MM-HMM . WHICH DEALS WITH HOAS ABILITIES TO OR NOT TO INVO, INVOKE, UH, DEED RESTRICTIONS AS OKAY. IT WOULDN'T BE APPLICABLE WITH THIS PROPERTY. YOU'RE NOT IN AN HOA. SO I, I, I DIDN'T, I MEAN, I'D SAW TWO HOAS SAY NEGATIVE COMMENTS ABOUT IT. WELL, THE NEIGHBORHOOD ASSOCIATION'S NOT MANDATORY. THAT'S, THEY, THEY CAN'T IMPOSE THE RESTRICTIONS ON DEPARTMENT. SO THAT SECTION OF CODE DOESN'T APPLY TO, TO YOURS. SO, UH, AND THEN FOR STAFF, THIS IS ZONED R SIX, UH, AS A COMMUNITY GARDEN OR A PLACE FOR ART OR, OR, UM, OF THE OTHER ITEMS THAT HE HAD MENTIONED. IS THAT ALLOWED IN THAT ZONING DISTRICT NEXT TO THE HOMES LIKE THAT? NO. UM, STUFF LIKE URBAN FARM WOULD REQUIRE SPECIFIC USE AUTHORIZATION FOR HERE, SO IT WOULDN'T BE PERMITTED. SO, SO THE USES THAT YOU'RE ATTEMPTING TO DO THERE ISN'T ALLOWED BY THE CURRENT ZONING. OKAY. UH, AND SO THAT'S, THAT'S JUST, I JUST WANTED TO MAKE SURE I DIDN'T KNOW IF IF THAT WAS ALLOWED OR NOT. IS THERE ANY OTHER COMM UH, COMMISSIONER QUESTIONS? ZINA, CAN I SHARE ZUNA REAL QUICK THOUGH? UH, HE STILL HAS A QUESTION. YES. YEAH. SO ON TOP OF THAT, STARBUCKS IS A HUNDRED FEET AWAY FROM MM-HMM . THE PROPERTY NOW. AND I KNOW THEY GOT BIG MONEY AND BIG BUSINESS, BUT IT BRINGS A HUNDRED CARS PLUS A DAY THROUGH THAT AREA. SO WHEN I WANTED THE SEVEN FOOT TO 10 FOOT VARIANCE, IT'S BECAUSE THROUGHOUT THIS TIME I HAVE SEEN THEM THROW TRASH. OKAY. WELL THROW STUFF OVER THE FENCE. THIS, THIS COMMISSION CAN AUTHORIZE, UH, VARIANCES UP TO WHAT YOU ASKED FOR. OKAY. UH, I WILL TELL YOU THAT IT'S, IT HISTORICALLY 10 FEET IS USUALLY RESERVED FOR INDUSTRIAL, YOU KNOW, LIKE , ELECTRICAL SUBSTATIONS, AND REALLY AGGRESSIVE AND INTENSIVE USES. RIGHT. UM, JUST LETTING YOU KNOW, BUT, UM, COMMISSIONER [02:35:01] ZUNA. YEAH. SO MY QUESTION WAS, YOU, YOU, THIS IS A COMMUNITY OUTREACH. UH, WE SAW A NUMBER OF YOUR NEIGHBORS OPPOSING THE RIGHT BECAUSE OF THE LOOK. RIGHT. SO HAVE YOU MADE AN ATTEMPT TO REACH OUT TO THOSE NEIGHBORS ASSOCIATION OR THE NEIGHBORS OR SHOW 'EM WHAT YOU'RE TRYING TO DO? YES. TO GET THE N BECAUSE EVERYTHING YOU'RE REQUESTING HERE IS A VARIANCE, SO MM-HMM . SO IT'S NOT A RIGHT, IT'S SOMETHING THAT YOU'RE, UM, REQUESTING OUTSIDE OF THE DEVELOPMENT RIGHTS THAT YOU HAVE AND REQUIRES KIND OF A LITTLE BIT OF COMMUNITY INPUT. CORRECT. TO GET THE, AND I HAVE ASKED, UH, THE DE GARZAS, AND I KNOW THEIR GRANDSON IS HERE, BUT THE RAYMOND AND PEGGY, WHICH ARE THE OWNERS OF THE HOUSE RIGHT NEXT TO ME, I TOLD 'EM I AM BUILDING A COMMUNITY GARDEN AND I'LL DO ANYTHING TO HELP OUT. JUST GIVE ME A CHANCE AT THE MOMENT. AND HE'S PROVIDED ELECTRICITY, HE'S PROVIDED WATER. I'M, I'M TALKING ABOUT THE GREATER COM BECAUSE 'CAUSE THE, I MEAN IT GLOWS, IT'S RED ALL AROUND MM-HMM . THOSE THAT ARE IN OPPOSITION MM-HMM . SO THAT'S A MORE OF AN OUTREACH THAN JUST TO THOSE DIRECT NEIGHBORS THAT ARE BUDDING THE PROPERTY. IT'S MORE OF A COMMUNITY OUTREACH TO, YOU KNOW, GET THERE KIND OF SUPPORT CORRECT. WHAT YOU'RE TRYING TO DO. CORRECT. I HAVE NOT GONE PAST MY RIGHT, BECAUSE 'CAUSE YOU COULD ESSENTIAL NEIGHBORHOOD YEAH. THAT, THAT'S THE OPPOSITION, RIGHT. THAT'S ALL MY OPPOSITION. YES SIR. I, IF I CAN ASK FOR A CONTINUANCE TO CONTINUE TO ASK FOR HELP AND PERMISSION AND HEY GUYS, WHAT DO I NEED TO DO, WHAT I NEED TO MAKE THIS HAPPEN FOR OUR WOUNDED WARRIORS, FOR OUR COMMUNITY TO BECOME TOGETHER BETTER. RIGHT. I THINK THAT'S PART OF THE PREP WORK THAT YOU PROBABLY, THAT I WOULD BENEFIT YOU, RIGHT? YES. BEFORE YOU COME TO THE BOARD BECAUSE MANNA YEAH. COMMISSIONER MANNA, SO, YOU KNOW, AND ACTUALLY, SO, SO COMMEND YOU FOR, FOR YOUR ASPIRATIONS. THAT'S WONDERFUL. YES, SIR. THANK YOU. UM, YOU, BUT I THINK SO, SO CHALLENGE THAT I SEE IS THAT, UM, YOU ARE LOOKING FOR SOME THINGS WITH AN INTENTION OF YOUR FUTURE USE OF THIS PROPERTY FOR YOUR COMMUNITY GARDEN DIALOGUE. AND SO AS WAS STATED, THAT'S A, IT'S A SPECIAL USE PERMISSION REQUIRED TO BRING THAT TO THE COMMUNITY. AND, AND THE CITY OF SAN ANTONIO HAS BEEN MOVING TOWARDS COMMUNITY GARDENS AND SO THAT'S NOT UNHEARD OF AB ABSOLUTELY. AND SO, BUT, BUT I THINK BECAUSE YOU DON'T HAVE THAT YET, YOU KNOW, AND, AND SO, SO TO ME, IF HE HAD GONE FOR THAT FIRST MM-HMM . AND SAY, OKAY, HERE'S WHAT I'M TRYING TO DO IN THE, IN THE COMMUNITY AND GET YOUR COMMUNITY TO, TO BUY INTO THAT, THEN I THINK THEN YOU'D HAVE THE SECOND DIALOGUE OF, OKAY, NOW HOW DO I EN ENCLOSE IT? ENCOMPASS IT IN ALL THE THINGS THAT YOU WANNA DO. AND SO TO ME, THAT PIECE PROBABLY SHOULD BE FIRST, UM, YOU KNOW, UH, TO BRING THAT THROUGH. 'CAUSE THEN, THEN WE KIND OF SEE YOUR VISION AND SEE WHERE YOU'RE GOING WITH IT. UM, OR, OR, OR SEE, SEE THAT YOU, YOU ARE, YOU ARE WORKING THROUGH THAT VISION. YES, SIR. UM, AND THEN, AND THEN I GUESS THE SECOND THING WOULD BE, YOU KNOW, AS WAS KIND OF INDICATED, THE, UM, SO, SO I I, WE GOOGLE DRIVE AROUND COMMUNITIES WHENEVER IT IS THAT WE CAN, WE CAN, UH, WHEN WE DON'T HAVE GOOD EXAMPLES AND, AND I DON'T SEE REALLY, I I DIDN'T SEE THE ONES THAT WERE SHOWED PICTURES OF, I COULDN'T FIND THEM. SO, SO, SO EITHER IT'S OLD PICTURES, THE ONE IS BY BILL MILLER'S, RIGHT. THERE'S NEW PICTURES OR SOMETHING. SO, SO GENERALLY, YOU KNOW, THE, THE TYPE OF FENCING THAT YOU'RE ASKING FOR IS, IS REALLY NOT IN USE REALLY FOR THE PRODUCT. ALMOST ALL OF SAN ANTONIO AND IS ON VERY, VERY RARE OCCASIONS THAT WE SEE THAT. AND SO I GUESS I'D SAY LOOKING AT THE REST OF THE COMMUNITY, I DON'T SEE THAT THEY'RE LOOKING FOR THOSE DEFENSIVE STRUCTURES TO THE SIZE THAT YOU'RE LOOKING FOR AND THEY'RE MORE ALIGNED WITH WHAT, WITH WHAT IS PERMITTED. SO, SO, SO I WOULD SAY YOU, UM, IF YOU WERE TO COME BACK THROUGH, IT'D HAVE TO BE DIALOGUE FROM MY PERSPECTIVE OF WHY IS IT REQUIRED THE EXTRA HEIGHT FROM WHAT IT IS THAT THE REST OF THE COMMUNITY HAS AND WHAT'S UNIQUE ABOUT YOUR SITE RELATIVE TO EVERYBODY ELSE THERE WITH REGARDS TO PROTECTING, YOU KNOW, WHAT IS THAT YOU HAVE THERE MM-HMM . AND, AND YOU KNOW, SO, SO THAT WAS I GUESS WHERE I WAS GOING, RIGHT? ISSUES ART AND ART TOOLS. AND I WOULD SAY SOME OF THE IMMEDIATE ATTENTION WOULD BE THAT CLEAR VISION. I MEAN, IT'S, WHAT WE'RE SEEING IS THAT THIS, THE CITY IS ADDED TO CLEAR VISION AS ONE OF THE VARIANTS. THAT MEANS THAT SOMEBODY WHO'S AT THE CORNER, UM, THEY, THEY CAN'T SEE AROUND OR THEY CAN'T SEE CARS BECAUSE THE FENCE IS SO HIGH. SO THAT'S SOMETHING ELSE. SO ON I WAS, I WAS TOLD ABOUT THE CORNER ON EDGAR AND SANDMEYER AND THAT I NEEDED TO HAVE 23 FEET BY 23 FEET BACK. SO, WELL, 15 BY 15 I THINK IS THE NUMBER, THE CONE OR THE, SO I MADE A 23 BY 23 COURTYARD THAT GOES BACK 23 FEET. OKAY. AND THERE'S NO LONGER AN OBSTRUCTION, SO THE CLEAR VISION WOULDN'T BE SOMETHING YOU WOULD NEED. UM, WHAT I WANTED TO ADD IS, IS FOR STAFF, IF HE WERE TO PURSUE A ZONING CHANGE TO WHAT WOULD BE APPROPRIATE FOR, WHAT HE'S ATTEMPTING TO DO IS COULD HE DISCUSS A, A, A FENCE HEIGHT INCREASE DURING THAT TIME UP TO EIGHT FEET? IS THAT SOMETHING THAT'S ALLOWED YES. AS PART THE SPECIFIC USE AUTHORIZATION? YES. SO WHAT, WHAT HAPPENS IS, IS THAT IF, IF YOU WERE TO GO DO THIS, YOU KNOW, THE, THE CORRECT WAY MM-HMM . AND GET THE ZONING CHANGED, YOU CAN NEGOTIATE THE FENCE SITE ALL WRAPPED UP WITH ONE LITTLE BOW OKAY. FOR WHAT YOU WANT TO DO. AND IT'S THE RIGHT WAY TO DO IT BECAUSE EVEN IF WE WERE TO PROVE THIS TODAY, YOU STILL COULDN'T DO WHAT YOU'RE TRYING TO DO. RIGHT. [02:40:01] UM, AND, AND IF YOU'VE, YOU'VE GOTTEN RID OF THE CLEAR VISION AT THE CORNER AND ALL YOU HAVE LEFT IS FENCE HEIGHT AND, AND CORRUGATED METAL, UM, I, I, UH, I WOULD HIGHLY RECOMMEND US THIS COMMISSION NOT ACTING ON THIS AT THIS POINT IN TIME AND LETTING HIM GO THROUGH THE ZONING PROCESS AND HE CAN ALLEVIATE, UM, IF HE CAN PURSUE FENCING AND ALL THIS GOOD STUFF. MM-HMM . WITH WHAT YOU WANT TO DO NOW, CHAIR IVANEZ. YES. COMM. BUT I, I WOULD LIKE TO ADD, UH, MR. RODRIGUEZ THAT YOU GET TOGETHER WITH, UM, THE NEIGHBORHOOD ASSOCIATION. YES, PLEASE. BECAUSE YOUR IDEA IS A BEAUTIFUL IDEA. THANK YOU. AND I THINK A COMMUNITY GARDENS IS, UH, SOMETHING THAT THE CITY, AS WAS EARLIER SAID THAT THE CITY IS PURSUING FOR ALL NEIGHBORHOODS. FOR ALL NEIGHBORHOODS. UM, AND ESPECIALLY IN THAT IN GOVERNMENT HILL, UH, IT IS A FOOD DESERT, MANY OF THE, THE STREETS THERE MM-HMM . IT'S FAR AWAY FROM GROCERY STORES. UM, THERE, THE TIMES THAT I'VE DRIVEN THROUGH THERE, YOU KNOW, THERE'S PLENTY OF RESTAURANTS RIGHT. BUT, UH, THERE'S NOT A LOT OF MOM AND POP SHOPS WHERE YOU CAN GET FRESH FRUIT AND FRESH VEGETABLES. I'VE NOTICED THIS ONE. UM, SO I THINK THIS IS SOMETHING THAT YOU SHOULD HAVE A CONVERSATION WITH, UH, THE GOVERNMENT HILL, UH, NEIGHBORHOOD ASSOCIATION MM-HMM . AND WITH YOUR NEIGHBORS AS WELL, SO THAT THEY KNOW THAT'S GONNA ALSO BE A GARDEN FOR THEM TO USE. YES. AS WELL. SO, UM, I HOPE THAT YOU'LL FOLLOW THE, THE ADVICE THAT CHAIR AND THE OTHER COMMISSIONERS ARE GIVING. UM, BUT DEFINITELY GO AND TALK TO THE NEIGHBORHOOD ASSOCIATION. I WILL, I THINK WITH YOUR COMMUNICATION WITH THEM, YOU'LL GET TO CHANGE THEIR, UH, PERSPECTIVE OF IT AND, AND YOU MIGHT WANNA CONSIDER ALSO JUST A, A DIFFERENT MATERIAL FOR YOUR FENCE. OKAY. JUST BECAUSE THAT WAS SOMETHING ELSE THAT THEY WERE SAYING. I UNDERSTAND. YEAH. I UNDERSTAND THAT IT AESTHETICALLY, IT'S, THAT'S A HISTORIC NEIGHBORHOOD MM-HMM . AND THEY'RE VERY PROUD ABOUT THEIR NEIGHBORHOOD AND THE ARCHITECTURE AROUND THAT. MM-HMM . THE, THAT COMMUNITY. SO PLEASE TAKE THEIR ADVICE AND, AND DO DO THAT TO WE TAKE THAT WISDOM. THANK YOU. UH, NOW DO WE HAVE ANYONE SIGN UP TO SPEAKER VOICEMAILS? WE DO HAVE, UH, SOME VOICEMAILS AND THREE SPEAKERS. OKAY. SO LET'S HEAR THE VOICEMAILS FIRST AND THEN WE'LL HAVE THE SPEAKERS COME UP. YOU, YOU CAN HAVE A SEAT. YEAH. MY NAME IS DIA COLE, 1 0 5 RENO STREET. I'M A 200 FOOT HOMEOWNER AND I'M CALLING REGARDING THE METAL FENCED ENCLOSURE CONSTRUCTION AT THE CORNER OF 7 2 4 SANDMEYER. UM, IT'S AGENDA ITEM EIGHT. UM, THIS PROPERTY NOW LOOKS NOTHING LIKE WHAT IS PERMITTED IN OUR R SIX ZONE NEIGHBORHOOD. IT LOOKS LIKE SOMETHING FROM AN INDUSTRIAL AREA OF TOWN. THIS IS AN OLDER NEIGHBORHOOD. OUR HOME WAS BUILT IN 1920 AND OTHER HOMES NEXT TO AND NEAR THIS PROPERTY WERE BUILT IN THE 1920S, 1940S, AND SO ON. UM, MANY ARE STILL OWNED BY MULTI-GENERATIONAL GENERATIONAL FAMILIES. UM, MY POINT IS OUR NEIGHBORHOOD IS QUAINT WELL ARE SINGLE FAMILY HOMES, THE FRONT YARDS WHERE KIDS PLAY AND HOMEOWNERS SIT ON THEIR PORCHES IN THE EVENINGS WAVING TO PASTORS BY NEIGHBORS, GO, UM, ON THEIR DAILY WALKS, JOGS OR, OR TO PLAY BASKETBALL DOWN AT, UM, PERING ELEMENTARY PARK JUST IN THE NEXT BLOCK IN THE AFTERNOON, FULL SCHOOL BUSES, ONE AFTER ANOTHER COME DOWN, SANDMEYER STOP AT THE STOP SIGN RIGHT IN FRONT OF THIS WALLED UP PROPERTY. IT IS REALLY DANGEROUS TO HAVE LATTICE METAL WOOD OBSTRUCTING THE BUS DRIVER'S VIEW WHEN TRYING TO PULL OUT TO MAKE A LEFT TURN ONTO THE BUSY EDGAR STREET. IF YOU'RE IN A CAR, IT'S EVEN HARDER TO SEE. YOU HAVE TO INCH OUT PAST THE BLOCKED CORNER TO MAKE SURE NO ONE IS COMING AND THAT IT'S SAFE TO TURN, WHICH IS DANGEROUS IN AND OF ITSELF, A NEIGHBORHOOD HE GETS WALKING TO AND FROM PERSHING ELEMENTARY, WALK NEXT TO THIS FORTRESS COMPOUND, WHICH ABUTS THE SIDEWALK, WHICH IS REALLY NOT GOOD. THERE'S NOTHING ABOUT THIS CONSTRUCTION THAT CONFORMS WITH AN R SIX NEIGHBORHOOD OR WITH THE CHARACTER OF OUR NEIGHBORHOOD. THIS IS IMPORTANT AND WE ASK THAT YOU PLEASE NOT ALLOW THIS TYPE OF CONSTRUCTION IN OUR NEIGHBORHOOD. THANK YOU SO MUCH FOR YOUR TIME AND CONSIDERATION. MY NAME IS JOSE RGA. I'M CALLING IN REGARDS TO CASE BO 2 5 1 0 3 0 0 0 0 6. AND I WOULD LIKE TO SAY I AM AGAINST IT. MY ADDRESS IS 25 39 NORTH INTERSTATE 35, ZIP CODE 7 8 2 0 8. I'M COMPLETELY IN OPPOSITION BECAUSE IT IS A CORNER IN A CITY, UH, RESIDENTIAL ZONE AND IT IS NOT OUT IN THE COUNTRY. AND THIS GUY WANTS A 10 FOOT FENCE WITH CHEAP METAL. I THINK HIS OFF HIS ROCKER, SO I AM AGAINST IT. I'M ALSO CALLING TO VOTE AGAINST IT FOR MY SECOND ADDRESS. 25 43 NORTH INTERSTATE 35, SAME ZIP CODE 7 8 2 0 8. I AM ALSO AGAINST IT. THAT'S MY SECOND VOTE [02:45:01] AGAINST IT IN OPPOSITION FOR THIS CASE. NOW I'M ALSO CALLING BECAUSE MY WOMAN GIRLFRIEND TOLD ME TO CALL FOR HER. HER ADDRESS IS 1 0 9 RENO, SAN ANTONIO, TEXAS 7 8 2 0 8. AND SHE IS AGAINST IT, BUT SHE'S ACTUALLY ILL RIGHT NOW. SHE'S, WELL CALL FOR ME, LET HER KNOW THAT I DON'T WANT THAT. IT LOOKS UGLY AND SHE SAYS THAT IT IS NOT SAFE BECAUSE IT IS IN A CORNER AND IT CREATES A BLANK SPOT. AND OF COURSE, AGAIN, WE'RE NOT IN THE COUNTRY. THIS GUY DOES NOT OWN 10 ACRES. HE CANNOT MAKE IT LOOKS LIKE THERE'S PIGS FARMS IN THAT PLACE. IT'S NOT A FARM, SO WE ARE AGAINST IT. AGAIN, THAT IS THREE VOLTS AGAINST CASE NUMBER BOA 2 5 1 0 3 0 0 0 0 6. ANY QUESTIONS, FEEL FREE TO CALL ME AT (210) 421-8269. MY NAME IS JOSE. I'M GONNA TRY TO DO AN EMAIL AGAINST THIS. I'M GONNA TRY TO OFFEND THIS ALSO BY MAIL, BUT WE ARE TOTALLY AGAINST IT. THREE VOTES AGAINST THIS CASE. NUMBER. GOOD MORNING. MY NAME IS LISA SANCHEZ. PROPERTY ADDRESS IS SEVEN ZERO SEVEN SANDMEYER STREET. MY PHONE NUMBER IS (830) 743-2670. CALLING REGARDING THE CASE NUMBER BOA BRAVO OSCAR ALPHA 25 DASH 1 0 3 0 0 0 6. UH, I AM IN OPPOSITION. I'M OPPOSED TO THIS WHAT THEY'RE ASKING FOR. IT IS AN EYESORE. THERE IS A BLIND SPOT IN THE CORNER WHERE YOU HAVE TO MOVE OUT YOUR VEHICLE AT LEAST HALFWAY BEFORE YOU ACTUALLY SEE ANY ONCOMING TRAFFIC. THAT'S FENCE LINE IS TOO HIGH. CORRUGATED MIDDLE FRONT YARD FENCES SHOULD MATCH THE HEIGHT OF THE NEIGHBORHOOD FENCING OR LIMIT TO A FOUR FEET IN HEIGHT AND BE COMPATIBLE WITH THE HEIGHT OF ADJACENT HISTORICAL FENCES. CURRENTLY THIS IS NOT WHAT THEY'RE TRYING TO HAVE DONE. I AM NOT FOR WHAT THEY ARE DOING AND I'VE STILL SEEN THEM CONTINUE MAKING ADJUSTMENTS AS OF THIS PAST LAST WEEK, TRYING TO MAKE ADJUSTMENTS TO THAT FENCING. IT'S NOT SAFE STRUCTURE. IT BRINGS IN A LOT OF UNWANTED TRAFFIC, ESPECIALLY WITH THE TRANSIENT THAT ARE NOW COMING IN MORE INTO THE AREA. I AM NOT IN FAVOR FOR THIS. I'M CALLING IN REFERENCE TO ITEM NUMBER EIGHT ON TODAY'S BOA AGENDA CASE FOR SEVEN 18 AND 7 24 VAN MEYER STREET, DISTRICT TWO. MY NAME IS MONICA SAVINA, 1120 EAST CROCKETT IN DISTRICT TWO. AS YOU CAN SEE, I DON'T LIVE IN GOVERNMENT HILL, BUT LIVE IN DIG HILL, THE NEIGHBORHOOD IMMEDIATELY TO THE SOUTH. BUT I DO FREQUENT THIS PART OF GOVERNMENT HILL AND HAVE SEEN THE VACANT LOT WITH THE NEW FENCE LIGHT CONSTRUCTION. WHEN I GO TO THE COFFEE RETAILER OFF OF EDGAR STREET, I SUPPORT STAFF'S RECOMMENDATIONS AND STRONGLY OPPOSE THE REQUESTED VARIANCE. THE MATERIALS USED ON THIS LOT BLOCK THE CORNER AND MAKE CLEAR VISIBILITY AT THE INTERSECTION IN A CAR OR ON FOOT IMPOSSIBLE, WHICH IS A REAL PROBLEM. THE MATERIALS USED ARE NOT APPROPRIATE FOR A REGULAR RESIDENTIAL NEIGHBORHOOD. WE HAVE WOOD FRONT YARD FENCES IN OUR TRADITIONAL NEIGHBORHOODS, BUT THEY'RE LOWER AND THEY'RE OPEN WITH PICKETS OR WOVEN WIRE PANELS, NOT SOLID METAL PANELS. THIS NEIGHBORHOOD IS CHARACTERIZED BY ITS OPEN FRONT YARD AND THIS HAPHAZARD ENCLOSURE IS AN ABERRATION. IT DEFINITELY CHANGES THE CHARACTER OF THIS PART OF THE NEIGHBORHOOD AND NOT IN A GOOD WAY. I URGE YOU TO OPPOSE A REQUEST AND I THANK YOU VERY MUCH FOR CONSIDERING MY COMMENTS. HELLO, THIS IS PHYLLIS NEWMAN AND I LIVE AT, UH, 1 9 2 3 NORTH PANAM EXPRESSWAY. I LIVE IN THE GOVERNMENT HILL AREA. I'M RETIRED. I'M CALLING ABOUT CASE NUMBER TWO FIVE DASH 1 0 3 0 0 0 6. THIS IS A PROPERTY ON, UH, SANDMEYER THAT HAS, UM, UH, AN EXTREMELY TALL FENCE. I AM, I AM AGAINST THIS. UM, THIS IS NOT PER OUR STANDARDS IN GOVERNMENT HILL. MY CELL NUMBER IS 7 2 0 2 1 7 4 5 6 3. THANK YOU SO MUCH. YES. MY NAME IS D ASHLEY. I LIVE AT NINE 12 EAST CARSON SAN ANTONIO, 7 8 2 2 3. I [02:50:01] AM CALLING ABOUT THE CASE NUMBER BO A 25 1 0 3 0 0 0 0 6. UH, A GALVANIZED 10 FOOT FENCE ON 7 24 SANDMEYER. I AM AGAINST AN OPPOSITION OF THIS FENCE BECAUSE IT'S CALLED, IT'S CALLED WELL CALLED A, A TRAFFIC SAFETY HAZARD. UM, AND IT'S NOT IN COMPLIANCE AND IN WITH THE NEIGHBORHOOD. THANK YOU. HELLO, MY NAME IS STEVE STEIG, 1 0 5 RENO STREET. I'M A BOARD MEMBER OF GOVERNMENT HILL TOMORROW COMMUNITY ORGANIZATION. I'M CALLING ABOUT AGENDA ITEM EIGHT AT 7 24 SAND MAY. THE VARIANCES REQUESTED HERE DO NOT MEET THE CRITERIA FOR THIS TYPE OF VARIANCE. THIS IS A STANDARD CORNER LOT WHICH CAN BE DEVELOPED JUST LIKE OTHER RESIDENTIAL CORNER LOTS IN THE NEIGHBORHOOD AND WITHIN THE CODES OF OUR CITY. LIMITED VISIBILITY AT THE CORNER IS A MAJOR SAFETY ISSUE FOR DRIVERS NAVIGATING THROUGH START THE STARBROOK TRAFFIC ON EDGAR STREET. AND FOR THE BUS DRIVERS COMING FROM THE ELEMENTARY SCHOOL, A BLOCK AWAY ON SANDMEYER STREET. THE SOLID SHEET METAL DOES NOT FIT THE CHARACTER OF THE NEIGHBORHOOD. THE HEIGHT OF THE FENCE 10 FEET DETRACTS FROM THE RESIDENTIAL CHARACTER OF THESE STREETS. THIS IS IN THE ORIGINAL 36 SQUARE MILES OF SAN ANTONIO. AND CODE SHOULD BE FULLY APPLIED TO MAINTAIN THE UNIQUE CHARACTER, CHARACTER OF THESE WELL OVER 100-YEAR-OLD CITY BLOCKS. THESE VARIANCES ARE NOT FOR ONE OR TWO FEET, THEY ARE VERY SIGNIFICANT. THESE VARIANCES DEVIATE SO FAR. THEY CANNOT BE SAID TO BE WITHIN THE SPIRIT OF THE COLD. PLEASE DENY THIS TODAY. ALL FIVE OF THESE VARIS SHOULD BE DENIED. THANK YOU FOR YOUR ATTENTION. THAT CONCLUDES THE VOICEMAILS. ALL RIGHT, LET'S HAVE THE FIRST, UH, CITIZEN SIGN TO SPEAK. FIRST ONE IS, UH, MS. ROSE HILL. GOOD AFTERNOON. UH, STATE YOUR NAME AND TELL US YOUR THOUGHTS. UH, GOOD AFTERNOON. MY NAME IS ROSE HILL AND I AM THE, THE PRESIDENT OF GOVERNMENT HILL ALLIANCE NEIGHBOR ASSOCIATION, THE REGISTERED NEIGHBOR ASSOCIATION. AND, UH, TODAY, I AM HERE TODAY BECAUSE I, UH, I DUNNO HOW THIS ONE PASSED US BY, BUT, UH, I GOT CONTACTED BY THE NEIGHBORS AND THEY WERE VERY, VERY CONCERNED ABOUT THAT PARTICULAR LOT. UM, OUR, WE'RE IN OPPOSITION FOR, FOR SEVERAL REASONS. FORGET FOR ONE IS SAFETY. UH, THERE ARE SCHOOL BUSES THAT GO DOWN THERE. THERE'S CHILDREN THAT GO DOWN THERE. THAT STREET, UH, IT'S, IT IS AN EYESORE. UH, THERE WERE NO PERMITS PULLED. AND I, MAYBE THAT'S WHY, BECAUSE THE APPLICANT DIDN'T, HE'S FROM OUT OF TOWN. HE, HE DID NOT KNOW THAT. SO, UM, AND THE MATERIAL ALSO, IT'S NOT IN COMPLIANCE WITH, WITH THE, THE CHARACTER OF THE NEIGHBORHOOD. UM, SO WE ARE ASKING THE BOARD TO HAVE THEM REMOVE IT FOR SAFE REASONS FOR THE KIDS TO, UH, THE PAST, UH, GOING TO SCHOOL ALONE. IT, RIGHT NOW IT'S, IT'S, IT'S A, IT IS A, A PROBLEM. THERE WERE TWO CITATIONS ISSUED ON THE PRO ON, ON THE PROPERTY. UM, I DON'T KNOW IF THE SITE THAT Y'ALL PUT UP THERE, THE FENCING THAT Y'ALL HAD THERE BEFORE, UM, THE EXAMPLE WAS IT, THERE'S NO OTHER FENCES. THAT ONE RIGHT THERE IS NOT IN GOVERNMENT HILL. UH, THERE IS ANOTHER, UM, FENCE IN OUR NEIGHBORHOOD THAT WE ARE HAVING THE SAME PROBLEM WITH RIGHT NOW. IT'S BEEN GOING ON. IT'S CREATED A DIVISION, IT'S CREATED PROBLEMS. AND WE, THE NEIGHBORHOOD ASSOCIATION HAVE WORKED VERY HARD WITH CODE COMPLIANCE AND TRYING TO EDUCATE OUR COMMUNITY, UH, IN WHAT THE ORDINANCES AND HOW DO WE FOLLOW THAT. UH, AND BECAUSE OF THAT, ON JANUARY 29TH, I ASKED THE DIRECTOR OF, UH, CODE COMPLIANCE TO COME TO OUR, OUR MEETING. AND THEY DID, UH, JENNIFER, UM, UH, UM, UH, UH, ALICE WAVO CAME AND, UH, AND WE HAD A, A REPRESENTATIVE FROM DSD COME AND THEY GAVE A FULL PRESENTATION ON THE ORDINANCES, THE HEIGHT, THE WIDTH AND EVERYTHING SO THAT WE CAN CONTINUE TO MAKE SURE THAT EVERYBODY IS FOLLOWING GUIDELINES IF WE LET THIS ONE GO UP. AND THE OTHER ONE THAT'S STILL UP, WE, WE ARE SETTING A BAD EXAMPLE FOR OUR COMMUNITY. NOW, UH, I, I WOULD, HEARING THE GENTLEMAN HERE, UH, HE'S GOT SOME GREAT IDEAS. I WOULD, UH, SAY TAKE THE FENCE DOWN. LEAVE THE FIVE FOOT FENCE. GOVERNMENT HILL ALLIANCE NEIGHBOR ASSOCIATION WILL BE WILLING MORE THAN HAPPY TO WORK WITH HIM, TALK WITH HIM IF HE WANTS TO CREATE THAT GARDEN. UM, YOU KNOW, THERE'S ALWAYS A, EVERYBODY UTOPIA HAS A GARDEN. EVERY NEIGHBORHOOD THAT HAS A GARDEN, UH, I DON'T SEE A PROBLEM WITH THAT. YOU KNOW, WORKING WITH THE NEIGHBORS, GETTING KIDS, AND ARE DOING ALL KINDS OF ART AND PROJECTS THERE, BUT THAT FENCE IS NOT ACCEPTABLE. IT'S GOTTA COME DOWN. IT'S TOO DANGEROUS. SO IF THE APPLICANT IS WILLING TO TAKE THAT FENCE DOWN ALL AND BRING IT DOWN TO THE ORIGINAL FENCE ALL THE WAY AROUND, UH, AND, UH, AND HE NEEDS SOME SUPPORT WITH, UH, MAYBE [02:55:01] PUTTING A, A GARDEN THERE FOR THE COMMUNITY, THEN I COULD SEE 'EM DOING THAT. BUT RIGHT NOW, UH, TO THE FAR RIGHT, YOU HAVE SENIORS THAT CAN'T GET OUT OF THEIR DRIVEWAY BECAUSE IT'S DANGEROUS. STARBUCKS IS HAVING PROBLEMS WITH THEIR, WITH THEIR CUSTOMERS. THEY'RE THE ONLY, THAT'S THE, THAT'S THE, UH, INTERNATIONAL CO. A COMPANY CAME TO OUR COM COMMUNITY AND WE HAD A HARD TIME GETTING THERE. AND AS YOU LOOK AT THE CORNER, IT'S VERY DANGEROUS FOR THE BUSES COMING FROM PERSHING ELEMENTARY, UH, AND ALSO FOR THE CHILDREN. UH, YESTERDAY AS I PASSED BY, I SAW SOMEBODY JUMP OUT OF THERE. I DON'T KNOW WHAT THOSE KIDS WERE DOING IN THERE, BUT THEY JUMPED OUT OF THERE. AND I, YOU KNOW, I GOT AFTER 'EM. SO, UM, AGAIN, UH, I THINK THE APPLICANT HAS GOOD INTENTIONS POSSIBLY TO CREATE SOMETHING THERE. UM, IT'S BEEN VACANT FOR A LONG, LONG TIME, BUT DEFINITELY NOT THAT KIND FENCE. IT'S, IT'S GOTTA COME DOWN. IT'S NOT A COMPLIANCE. AND, UH, I THINK WE WOULD BE DOING A DISSATISFACTION WITH THE ENTIRE COMMUNITY. IF YOU LET ONE PERSON BREAK THE LAW AND THEY DON'T WANNA FOLLOW THE ORDINANCES, THEN EVERYBODY'S GONNA COME IN. AND THEN WHERE WE GONNA BE? YOU KNOW? AND LIKE I SAID, UM, I'D LIKE TO LET THE APPLICANT KNOW WHAT WE HAVE. OUR NEIGHBORHOOD MEETINGS, UH, WE'RE, OUR NEIGHBORHOOD ASSOCIATION HAS MEETINGS ON THE LAST FOUR FOURTH WEDNESDAY OF EVERY MONTH. WE WELCOME EVERYBODY TO COME. UH, WE CONTINUE TO EDUCATE AND COMMUNICATE WITH OUR COMMUNITY ON HOW IMPORTANT IT IS TO FOLLOW THE LAW SO THAT WE CAN KEEP OUR, OUR NEIGHBORHOODS SAFE AND BEAUTIFUL. AND SO, UH, WE'RE WILLING TO, TO MEET THEM HALFWAY. UH, I BELIEVE IN ART AND I BELIEVE IN CHILDREN. I BELIEVE IN, UH, GETTING IN THE DIRT AND, AND, YOU KNOW, AND SEEING BEAUTIFUL THINGS GROW. BUT WE HAVE TO COMPLY WITH THE LAW. AND, UH, SO, UM, YOU KNOW, IF THE APPLICANT WANTS TO TALK TO ME AFTERWARDS, THAT'S FINE, BUT THAT FENCE DOES NECESSARILY HAVE TO COME DOWN SOON FOR THE SAFETY OF THE COMMUNITY. THANK YOU. THANK YOU. NEXT ONE IS SARAH MAR MARTINEZ . HELLO. PLEASE STATE YOUR NAME AND TELL US YOUR NAME. HELLO. HELLO EVERYBODY. MY NAME IS SARAH MARTINEZ AND I LIVE ON 1 1 2 RENO. I CAN'T SPEAK MUCH ENGLISH BECAUSE I NEVER GO TO SCHOOL, YOU KNOW, UH, WHEN I CAME FROM MEXICO, I WAS 17 YEARS OLD. I DIDN'T GO TO SCHOOL HERE BECAUSE I HAD IN MIND WORKING IN THIS COUNTRY. BUT I, I KEPT ON WORKING AND I COULD, UH, REACH MY GOAL AND I HAVE, I GOT WHAT I WANTED AND NOW I HAVE TO PROTECT IT. UH, AND, UH, AND, AND LANO, EDGAR, JEAN, AND WALTERS. I HAVE 10 PROPERTIES ON RENO, EDGAR JEANS AND WATERS. I'M REALLY ASKING FOR YOUR HELP BECAUSE IF I ACCEPT THE, THAT FENCE THAT THEY'RE BUILDING UP, MY PROPERTIES ARE GOING TO DECREASE IN VALUE IN LOOK. I HOPE THAT YOU CAN ASSIST ME TO PROTECT WHAT I'VE BEEN ACHIEVING THROUGHOUT MY LIFE. GRACIA, THANK YOU SO MUCH. THANK YOU. YEAH. AND LAST ONE IS MR. NEIL. THANK YOU. YOU'RE WELCOME. HELLO. PLEASE STATE YOUR NAME, TELL US YOUR THOUGHTS, MA O'NEILL. UM, MY FIRST TIME, HOLD ON. THINK SHE, SHE'S GOTTA GET THE MIC TURNED ON FOR YOU. THERE YOU GO. UH, MA O'NEILL, IT'S MY FIRST TIME SPEAKING, SO MAY BE A LITTLE NERVOUS, BUT I WOULD FIRST LIKE SAY THE OWNERS, UH, THE BUILDERS OF THE PROPERTY. IT'S THE HOUSE NEXT DOOR TO MINE ON EDGAR STREET, WHICH WE ARE TALKING ABOUT TODAY. THE FAMILY IS AMAZING. I HAVE NOTHING NEGATIVE TO SAY ABOUT ANY OF THEM. THEY'VE BEEN BEST FRIENDS WITH MY [03:00:01] FAMILY OUR WHOLE LIFE. BUT, UM, RECENTLY THE PROPERTY HERE, IT'S BEEN JUST VERY DANGEROUS TO THE NEIGHBORHOOD IN GENERAL, BUT ALSO TO MY FAMILY'S PROPERTY AS WELL. I'M SPEAKING ON BEHALF OF MY GRANDPARENTS ON BOTTLES AND RAYMOND BETAS WHO ARE IN THEIR LATE EIGHTIES RIGHT NOW. THE FENCE ON THE EDGAR STREET SIDE THERE, UM, THAT PART IS CONNECTED TO MY FAMILY'S FENCE WHERE I, IF I PARK THERE IN THE DRIVEWAY ON THE SIDE OR MY GRANDPARENTS PARK THERE, WE CANNOT SEE WHENEVER WE BACK OUT, EVEN IF WE HAVE A CAR CAMERA, WE CAN ONLY JUST SEE STRAIGHT AHEAD WHEN WE BACK OUT. WE CAN'T SEE WHAT'S ON THE SIDE WHERE IT'S BLOCKING. SO THAT'S BEEN VERY DANGEROUS FOR ME OR ANY FAMILY MEMBERS THAT HAVE COME THROUGH THERE, PARKED FOR PARTIES OR JUST FAMILY EVENTS OR ANYTIME. SO FOR, WE SHOULDN'T HAVE TO SLAM ON THE BRAKES IN OUR OWN DRIVEWAY IS ONE THING. AND THEN ALSO ON THE SANDMEYER SIDE, TO HOOK AROUND IT IS DANGEROUS BECAUSE WE HAVE SCHOOL BUSES, WE HAVE THE MILITARY SOLDIERS COMING THROUGH FROM FORT SAM TO GO THROUGH TO EITHER HIT THE HIGHWAY OR EVEN GO TO STARBUCKS AS WELL. THE STARBUCKS HAS CREATED LAW TRAFFIC. AND NOW BY THIS STRUCTURE BEING HERE, IT JUST MAKES IT DIFFICULT FOR EVERYONE AT THAT CORNER. BUT ALSO IT'S JUST, IT DOESN'T ADD UP TOO MUCH. I, I, I LOVE THE IDEA OF A COMMUNITY GARDEN. IT'S GREAT. IT'S, IT'S BLISSFUL, IT'S FANTASTIC, BUT IT'S JUST NOT REALLY HELPING THE COMMUNITY TOO MUCH. I UNDERSTAND IT CAN BRING PEOPLE TOGETHER, BUT ALSO IT DOES LOWER THE TAXES. IT ALSO DOES HAVE MANY PEOPLE WHO ARE MAYBE NOT EVEN PART OF OUR AREA, COMMUNITY OF GOVERNMENT HILL COMING AND WALKING IN FRONT OF ALL OUR PROPERTIES, LOOKING INTO OUR YARDS. LIKE I'VE HAD MY GRANDFATHER, MY GRANDFATHER'S LAND MOW OR LAWNMOWER GOT STOLEN RIGHT AFTER THEY OPENED THE STARBUCKS BECAUSE PEOPLE ARE CROSSING RIGHT THERE. THEY SEE HIS SHED, THEY SEE LIKE, OH, IF WE'RE, HE'S DOING YARD WORK AND STUFF. SO IT, IT'S A DISADVANTAGE. OKAY. ALL RIGHT. WELL THANK YOU VERY MUCH. THANK YOU MANNA COMMISSIONER. SO SIR, SIR, UH, SO WAS YOUR ADDRESS SIX 14 EDGAR? SO SIX, WHAT WAS YOUR ADDRESS? SIX 15 EDGAR SIX 15. OKAY, THANK YOU. THE PROPERTY CONNECTED? YEAH. YEAH. UH, IT, IT GAVE THE ADDRESS WRONG, BUT YEAH. OKAY. I GOT YOU. GOOD, THANK YOU. ALRIGHT, SO WE'VE HEARD ALL THE PUBLIC COMMENTARY. WE'LL HAVE THE APPLICANT COME BACK FORWARD. UH, YOU'VE HEARD, UH, SOME OF THE CONCERNS. UH, IS THERE ANYTHING YOU'D LIKE TO, UM, PROVIDE AS, AS ADDITIONAL INFORMATION OR REBUTTAL? I UNDERSTAND EVERYTHING THAT THE COMMUNITY IS TELLING ME. UM, I REALLY AM TRYING TO BRING IT TOGETHER. UM, BUT SECURITY ASPECTS TO IT FROM THINGS BEING STOLEN, EVEN ON OUR PROPERTY BECAUSE OF THE TRAFFIC GOING THROUGH, I DID WANT TO RAISE IT UP HIGHER WHILE I'M WORKING, WHILE I'M BUILDING, WHILE I GOT MY SAWS, WHILE I GOT, YOU KNOW, ALL THAT GOING ON. UM, AND I WILL BRING IT DOWN LIKE I JUST, IT'S A ROUGH DRAFT AT THE MOMENT AND I WILL CUT IT DOWN AND BRING IT DOWN TO SEVEN FOOT OR YOU KNOW, TO WHERE IT'S NOT THE EYESORE, WHICH YOU SEE. I WILL PAINT IT, IT WILL BE NICE, IT WILL BE LACQUERED. UM, I APOLOGIZE TO EVERYONE THAT THEY FEEL THAT TRAFFIC IS WORSE NOW AND THEY CAN'T SEE. AND I KEPT THAT IN MIND WHEN I PUSHED MY FENCE BACK THREE AND A HALF FEET AND ON MY OWN PROPERTY, ONE AND A HALF FEET TO THREE AND A HALF FEET ON CERTAIN AREAS SO THAT PEOPLE COULD GET AROUND IT. SO THEY COULD SEE AROUND IT. AND I DO SEE THE, THE SCHOOL BUSES PULL UP AND I DON'T FEEL THAT THEY'RE BLOCKED. I'VE CUT DOWN THE, UH, VEGETATION TO THE PARAMETERS THAT I WAS TOLD, WHICH IS THE 12 TO 16 INCHES. UM, I BROUGHT IT IN, I CUT OFF ALL, YOU KNOW, EXCEPT FOR THE ONES ON THE POWER LINE RIGHT THERE. UH, I CUT IT BACK 'CAUSE IT WAS ALL OVERGROWN AND I JUST CONTINUED TO WORK ON MY PATIO, MY GAZEBO AND EVERYTHING THAT YOU SEE, YOU CAN'T SEE FROM THE OUTSIDE. SO I, I I WANT TO WORK WITH GOVERNMENT HILL. I DIDN'T EVEN KNOW THEY EXISTED. OKAY. I DIDN'T KNOW I HAD A HOA OR ANYBODY FROM EVERYTHING THAT I WAS TOLD FROM PASTOR BY AND PEOPLE WHO TALK TO ME PERSONALLY AND SHAKE MY HAND AND WELCOME TO THE NEIGHBORHOOD AND IT LOOKS GREAT. THIS IS ALL NEW TO ME. OKAY. SO, OKAY. WELL THANK YOU VERY MUCH. UM, CAN I JUST, UM, I ALSO HAVE ONE, UH, MARYANNE [03:05:01] EVA'S HERE AS WELL. SHE'S ONE OF THE APPLICANTS SHE SPEAK, SHE CAN, UH, SHE CAN SPEAK. SURE. OKAY. I, RICK COME UP. OUR FAMILY HAS BEEN THERE FOR 80 YEARS ALREADY. YEAH. HI. PLEASE STATE YOUR NAME AND HELLO. YOU MIGHT HAVE TO MOVE THE MIC DOWN A LITTLE, BUT, AND TELL US YOUR THOUGHTS. YEAH, I'M SHORT . HI, I'M MARYANNE EVA. I'VE BEEN OWNER OF THAT PROPERTY AND MY FAMILY'S BEEN OWNER BEFORE ME AND FOR MYSELF. I'VE BEEN OWNER FOR 50 YEARS. AND, YOU KNOW, I HAD A HOUSE ON THERE. IT WAS A MILITARY HILL HOUSE AND THERE WERE SOLDIERS THAT LIVED IN THERE WHEN I WAS A LITTLE GIRL. I WOULD SEE THEM IN THE FRONT ROOM BECAUSE FORT SAM WANTED SOLDIERS TO BE HOUSED. SO THEY LIVED THERE, YOU KNOW, A COUPLE. AND, UH, I HAVE OWNED IT AND I KNOW PERSIAN SCHOOL IS RIGHT THERE. I'VE MET A LOT OF THE KIDS OVER THE YEARS AND YEARS AND I'VE TALKED TO THEM AND, AND THEY TALK TO ME AND THEY SAY, HEY MOM, I KNOW THAT LADY, WHICH WAS GREAT. AND, BUT YOU UNDERSTAND PERSIAN IS BEING SHUT DOWN TOO. PERSIAN IS ON THE LIST OF ONE OF THOSE SCHOOLS THAT IS BEING TERMINATED. AND I KNOW THAT THE, YOU KNOW, GOVERNMENT, UH, MILITARY HILL ALLIANCE EXISTS, BUT IT'S NOT IN MY NEIGHBORHOOD, NOT ON MY BLOCK. IT DOESN'T EXIST THERE. THERE'S NO HOA AND THERE'S NO MILITARY ALLIANCE THERE. AND YOU KNOW, I I I DON'T FEEL THAT THIS FENCE, YOU KNOW, I'VE BEEN LOOKING AT IT AND LOOKING AT IT AND WE DID CUT THE VEGETATION. MY SON CUT IT WITH HELP AND, UH, WE CLEARED THE CORNER, THE STOP SIGN, AND WE HAVE SUBMITTED PICTURES OF WHERE THERE'S STOP SIGNS BEHIND ROCK WALLS. AND YOU HAVE TO DRIVE ALL THE WAY TO THE CURVE TO SEE, TO MAKE THAT RIGHT HAND TURN. BUT NOT, NOT AT SANDMEYER, NOT AT 7 24 SANDMEYER AND STARBUCKS HAS BEEN BUILT THERE AND THERE'S SO MUCH TRAFFIC. I MEAN, I'M THERE HELPING, YOU KNOW, HOLD THE, THE LAND SOMETIMES AND I SEE AT LEAST A HUNDRED CARS IN HALF A DAY. YOU KNOW, THERE IS VERY MUCH TRAFFIC. AND I KNOW THE HOUSES ACROSS THE STREET ARE RENTAL PROPERTIES AND THEY'RE OWNED BY, UH, SADA. AND YOU KNOW, I SEE THE CHANGE IN RESIDENCE OVER AND OVER AND OVER AND THAT'S HARD TO WATCH. BUT, UH, AS FAR AS THE SCHOOL AND AS FAR AS MY PROPERTY, YOU KNOW, IT'S BEEN IN MY FAMILY FOR MANY YEARS. I WAS A YOUNG WOMAN WHEN I OBTAINED IT AND, YOU KNOW, SENT MYSELF THROUGH COLLEGE, YOU KNOW, RAISED A FAMILY THERE AND YOU KNOW, NOW THEY'RE ALL GROWNUPS AND GONE LIKE MATEO. BUT, UH, THERE'S NO HOA, LIKE I SAID, AND MILITARY HILL ALLIANCE ISN'T OVER THAT AREA. AND YES, UH, THAT AREA HAS BEEN CALLED MILITARY HILL. EVEN WHEN I, I PURCHASED IT, YOU KNOW, IT WAS BACK THEN 50 YEARS AGO OR MAYBE MORE SO, I'M SORRY TO HEAR THAT THE NEIGHBORS DON'T ACCEPT THE FENCE, YOU KNOW, HE'S VERY CREATIVE AND I SEEN THEM CHANGE IT AND CHANGE. AT ANY TIME SOMETHING IS SAID ABOUT IT, HE CHANGES IT, YOU KNOW, AND AS FAR AS THE CORNER WHERE THE STOP SIGN IS, I DON'T KNOW WHY THEY'RE COMPLAINING BECAUSE THERE WAS A LOT OF, THERE WAS A TREE THERE, HE CHOPPED IT DOWN, THERE WAS BUSHES THERE, HE CHOPPED THEM DOWN AND THEY'RE AWAY FROM THERE. AND WHAT'S ON TOP OF THE, UH, GALVANIZED SHEEP NOW IS LATTICE. AND YOU CAN SEE RIGHT THROUGH IT. IT'S LIKE A WINDOW. SO I'M, I'M NOT SURE WHAT ELSE TO SAY ABOUT OTHER THAN, YOU KNOW, I'VE BEEN WATCHING [03:10:01] , YOU KNOW, A MOM ALWAYS WATCHES AND I GUESS THAT'S WHAT I HAVE TO SAY, YOU KNOW, OTHER THAN I LOVE THAT PROPERTY. AND I'M SORRY, THE HOUSE BURNED DOWN IN 2012 AND IT WAS, YOU KNOW, KEPT MOWING, KEPT MOWING, KEPT RAKING, AND YOU KNOW, WE'VE HAD, YOU KNOW, Y'ALL DON'T PICK UP BRUSH FROM PROPERTIES THAT ARE VACANT, SO I'VE HAD TO LOAD IT ON MY CAR OR BORROW A TRUCK AND TAKE IT OUT TO THE CITY. YEAH. AND THAT'S ANOTHER COST. AND I'VE ALWAYS BEEN ON TOP OF MY TAXES THAT I PAY. AND I ALWAYS WONDERED, WHY DON'T THEY ALLOW ME TO SEND MY BRUSH? I PAY MY TAXES. YOU KNOW, IT'S NEVER BEEN BEHIND. RIGHT. OKAY. WELL, THANK YOU VERY MUCH. THANK YOU. SO THIS COMMISSION HAS, UH, THIS CASE BEFORE US, BUT, BUT, UH, I, I PERSONALLY THINK THAT THE APPLICANT SHOULD PURSUE A, A CHANGE OF ZONING AND GET THIS WORKED OUT WITH THE CITY AND, AND THE COUNCIL'S OFFICE AND THE NEIGHBOR ASSOCIATION. AND, AND WHEN YOU DO IT AS A SPECIAL USE, YOU HAVE TO TURN IN A SITE PLAN AND GET IT ALL LOCKED IN AND HE CAN, THE APPLICANT CAN ALSO PURSUE FOOT. YES. UM, WE STILL HAVE THE, THE DILEMMA OF OFFENSE, WELL, WITH OUR NEIGHBORHOOD, AND I, I REALLY BELIEVE THAT WITH THE FACT THAT THE NEIGHBORHOOD ASSOCIATION AND SO MANY NEIGHBORS ARE NOT, WELL, WHAT, WHAT I'M SAYING IS, IS THAT IF HE WERE TO PURSUE A ZONING CHANGE, HE CAN INCLUDE AN ENHANCED FENCE HEIGHT AND, AND PUT SPECIFICS IN THE SITE PLAN THAT WOULD ACCOMPANY THE ZONING CHANGE. IT REALLY NEEDS TO BE DONE IN THAT FORUM AND NOT IN, IN THIS FORUM. BUT HE STILL IS NOT IN COMPLIANCE WITH THE FENCE. RIGHT. AND I, AND IT'S MY SUGGESTION AND THE FENCE AND THE FENCE IS NOT, UM, UH, AESTHETICALLY, UH, DONE TO WHAT GOVERNMENT HILL NEIGHBORHOOD ASSOCIATION INCLUDE. WELL, IT'S AS THEIR, AS THEIR, UH, ARCHITE MY RECOMMENDATION, ARCHITECTURAL, MY RECOMMENDATION IS TO JUST, UH, LET THIS DIE DUE TO LACK OF MOTION AND, AND, AND HAVE IT NOT BE CONSIDERED BY THIS BOARD AT ALL UNLESS SOMEBODY WOULD LIKE TO MAKE A MOTION. SO MANNA, SO COMMISSIONER MANNA. SO, UM, THE DELTA BETWEEN THOSE TWO POSITIONS IS IF IT'S NOT READ, IT'S THE SAME AS HAVING READ AND VOTING, NO. MM-HMM . UM, OR NOT ACCEPTING IT OUTSIDE OF IT, JUST NOT HAVING TO GO THROUGH THE FORMAL VOTE. CORRECT. RIGHT. SO DOES THAT ANSWER THE POSITION THAT YOU'RE LOOKING FOR? DO YOU UNDERSTAND THAT? NO, NO. VOTE WOULD BE NO, UH, NOT ACCEPTED. YEAH, THE CASE IS OVER. IT'S AND SO HE WOULD HAVE TO COMPLY WITH THE CODE? YES. OKAY. STEVENS COMMISSIONER STEVENS, I, I'LL SAY I'M, I'M WEARY OF A CONTINUANCE IF THIS IS CONSIDERED TO BE A REAL, UH, HAZARD OR DANGER TO THE, THE PUBLIC, BUT I, I ALSO THINK THAT WE SHOULD TAKE A STANCE ONE WAY OR ANOTHER AND TAKE A, AN ACTUAL VOTE. NO, WE CAN ALSO DO THAT. THAT'S FINE TOO. UH, WHO WOULD LIKE TO MAKE A MOTION TO MANNA MR. MANNA? AND, AND, UM, YES. I, I CONCUR MR. STEVENS. SO, UM, REGARDING CASE NUMBER BO 8 2 5 1 0 3 0 0 0, GIMME A SEC. SIX. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT REQUESTS FOR ONE A SEVEN FOOT VARIANCE FROM THE MAXIMUM THREE FOOT FENCE HEIGHT, UH, TO ALLOW A 10 FOOT FRONT YARD PRIVACY FENCE. TWO, A FOUR FOOT VARIANCE FROM THE MAXIMUM SIX FOOT FENCE HEIGHT TO ALLOW A 10 FOOT SIDE AND REAR YARD PRIVACY FENCE. THREE A 16 FOOT VARIANCE FROM THE MINIMUM 25 FOOT CORNER. CLEAR VISION TO ALLOW A NINE FOOT CLEAR VISION, UH, CORNER CLEAR VISION. FOUR, A SIX FOOT VARIANCE FROM THE MINIMUM 15 FOOT DRIVEWAY. CLEAR VISION TO ALLOW A NINE FOOT DRIVEWAY CLEAR VISION. AND FIVE, A REQUEST FOR VARIANCE FROM THE FENCE MATERIALS TO ALLOW FOR A CORRUGATED METAL FENCE ON THE PROPERTY SITUATED AT 7 2 4 SANDMEYER STREET. BE APPLICANT BEING MATTHEW RODRIGUEZ . UM, BE EVA, BECAUSE THE TESTIMONY PRESENTED TO US AND THE, UH, FACTS THAT WE HAVE PRESENTED, UH, SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THE REQUEST IS NOT, UH, CONTRARY, UH, TO THE PUBLIC INTEREST AS A FENCE HEIGHT, FENCE, MATERIAL AND CLEAR VISION VARIANCES WILL NOT INFRINGE ONTO THE NEIGHBORING PROPERTIES. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. IN THIS CASE, A LAW ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS IT WILL PREVENT THE APPLICANT FROM MAINTAINING THE SECURITY AND PRIVACY OF THE PROPERTY. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THERE'S THIS REQUEST APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE AS THE FENCE HEIGHT MATERIALS AND CLEAR VISION WILL NOT ALTER THE OVERALL AESTHETICS [03:15:01] OF THE AREA AND INJURE OR INJURE THE, UH, NEIGHBORING PROPERTIES IN THE AREA. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A 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 VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THIS DISTRICT IN WHICH THIS PROPERTY IS LOCATED. IF GRANTED, THE VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THIS VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. ANY 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 IN WHICH THIS PROPERTY IS LOCATED. THE APPLY TO THE OWNER OF PROPERTY FOR WHICH IS VARIANCE OF ASSAULT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION. SECOND. SECOND BY COMMISSIONER STEVENS, COMMISSIONER MANNA. SO, UM, SO IT'S READ IN THE POSITIVE JUST SO THAT WE CAN KIND OF MAKE THAT CLEAR. BUT, BUT I UNFORTUNATELY WON'T BE SUPPORTING THIS, YOU KNOW, KIND OF TALKED ABOUT IT, UM, WITH REGARDS TO, I THINK THE, THE CORRECT PROCEDURE OR THE CORRECT WORK THROUGH IS, IS GO AHEAD AND GET THAT SPECIAL USE ZONING AND RESOLVE IT THAT WAY. AND, AND, AND THAT WAY IT'S CLEAR WITH REGARDS TO THE CITY AND THEN ALSO WORKING WITH THE COMMUNITY ON WHAT YOU'RE TRYING TO ACCOMPLISH. UM, THE, UM, I DID GO BACK AND LOOK AT THE ONE ADDRESS THAT WAS, UH, THAT DID HAVE THE CORRUGATED METAL. AND THAT PROPERTY ACTUALLY IS A C TWO BUSINESS THAT ABUTS THE HIGHWAY. AND SO, SO IT IS KIND OF IN A COMPLETELY DIFFERENT, UH, I GUESS ENVIRONMENT AND LIKELY WORKED WITH THE, UH, THE OWNERS OF THAT PROPERTY TO WORK WITH THROUGH THAT. UM, SO, SO I THINK, YOU KNOW, AS WE KIND OF LOOKED THROUGH THE REST OF THE COMMUNITY, I DIDN'T SEE ANYBODY WHO HAD ANY OTHER STRUCTURES LIKE THIS. SO, UM, AND THEN FINALLY THE FINAL POINT IS THAT WHEN WE LOOK AT A LOT OF THE, UM, FENCING AND, UM, A A LOT OF THE DIALECTS THAT GO ON HERE WITHIN THE BOARD, IT'S A LOT FOR THE COMMUNITY SAFETY. AND, AND I THINK THAT WE'VE HEARD LOTS OF TESTIMONY THAT SAYS THAT THIS IS KIND OF CONTRARY TO THAT, UM, YOU KNOW, AND, AND, AND PROVIDES, UH, OR, OR ACTUALLY WORKS ADVERSE TO THAT. AND SO, AND SO I GUESS BECAUSE OF ALL OF THOSE THINGS, I WON'T BE SUPPORTING THIS MOTION. COMMISSIONER STEVENS, CAN I JUDGE? NO. ALRIGHT. YEAH. UM, I AGREE WITH, WITH MOST EVERYTHING THAT COMMISSIONER MANNA HAD SAID, YOU SEEM LIKE A GREAT GUY. WHAT YOU WANNA DO ON THIS SITE SEEMS LIKE A REALLY GREAT EFFORT AND PROGRAM FOR THE COMMUNITY. UM, BUT I'M LOOKING AT THIS FENCE AND IT'S JUST, IT'S TOO FAR FROM THE REQUIREMENTS OF THE CITY AND OUT OF CHARACTER FOR THE NEIGHBORHOOD. AND I WOULD JUST RECOMMEND THAT YOU GO DOWN TO OPIA, WHICH SOUNDS LIKE YOU'VE ON SOUTH NEW BRAUNFELS MM-HMM . HAVE DONE A COMMUNITY GARDEN AND, AND THERE'S PROBABLY A LOT TO LEARN FROM THEM. MM-HMM . THEY'RE BASICALLY YOUR NEIGHBORS. SO I WOULD JUST ADD THAT, BUT I, I JUST CAN'T BE IN SUPPORT OF WHAT WE'RE LOOKING AT TODAY. IS ANYONE ELSE LIKE TO ADD? NOPE. LETS HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER MENA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER STEVENS. NO, I DO NOT CONCUR. COMMISSIONER BARRINGTON? NO, I DO NOT CONCUR. COMMISSIONER YOU GOMEZ? I DO NOT CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER CRUZ? NO I DO NOT. CONCUR. COMMISSIONER GOMEZ? I DO NOT CONCUR. COMMISSIONER BRAGMAN? I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ. I DO NOT CONCUR. COMMISSIONER OZUNA? I DO NOT CONCUR. CHAIR ORIAN AND I DO NOT CONCUR. MOTION FAILS. UH, ZERO 11. SO WHAT'S HAPPENING IS, IS THAT YOU, YOU DIDN'T PASS TODAY, BUT THE RIGHT WAY FOR YOU TO DO THIS APPROPRIATE WAY IS TO PURSUE A CHANGE OF ZONING SO THAT YOU CAN ACTUALLY DO A GARDEN MM-HMM . AND THEN DURING THAT PROCESS YOU CAN NEGOTIATE WITH CITY COUNCIL, THE ZONING COMMISSION, THE NEIGHBORHOOD, AND ALL YOUR NEIGHBORS ABOUT WHAT SORT OF FENCE WOULD BE ACCEPTABLE AND THEY COULD ALLOW UP TO AN EIGHT FOOT FENCE HEIGHT. SO THAT'S THE RIGHT PATH TO TAKE AND YOU WOULDN'T HAVE TO COME BACK HERE UNDER THOSE MEANS. UH, BUT YOU, THE CORRUGATED METAL IS NOT SOMETHING THEY COULD APPROVE AND YOU DIDN'T FIND ANY SUPPORT HERE TODAY. SO WITH THAT, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF OKAY? THEY'LL BE HAPPY TO HELP YOU WITH THAT PROCESS. ALRIGHT? ALRIGHT. AND UM, DID ITEM SIX EVER, ITEM NUMBER SIX IS ENDING A TWO WEEK CONTINUANCE OKAY TO THE 24TH. I'M BRINGING THAT IN FROM THE TABLE. IT'S 4 26. IS THERE A MEMBER WHO WOULD LIKE TO MAKE A MOTION TO CONTINUE TO ITEM SIX TO FEBRUARY 24TH? SO MOVED SECOND. ALL RIGHT, SO WE HAVE A MOTION, UH, BY COMMISSIONER VERITAN, SECOND BY COMMISSIONER CRUZ TO CONTINUE TO FEBRUARY 24TH. ALL IN FAVOR? AYE. AYE. AYE. ANY OPPOSED? HEARING NONE. MOTION PASSES. ITEMS CONTINUE TO FEBRUARY 24TH. LAST ITEM [ Approval of Minutes  ] IS THE MINUTES. UM, I HAD TURNED SOME IN, UM, PROBABLY SATURDAY. I THINK. UM, I DUNNO IF THEY'VE BEEN INCORPORATED. IS THERE ANY OTHER AMENDMENTS BY THE BOARD? ALL THE UM, CHANGES THAT WERE TURNED INTO ME WERE MADE AND RESENT THIS MORNING TO THE COMMISSIONS. [03:20:01] ALRIGHT. UH, IS THERE A MOTION, UH, COMMISSIONER LIKE TO MAKE A MOTION ON THE MINUTES APPROVE OF APPROVAL? UH, IS THERE A SECOND? SECOND. ALL RIGHT, WE HAVE A MOTION TO SECOND. ALL IN FAVOR SAY AYE. AYE. ANY OPPOSED HEARING? NO. AYE. STATE, UH, WITH ONE ABSTENTION FROM COMMISSIONER BRACKMAN BRACKMAN. ALL RIGHT, THE MINUTES PASS [ Director’s Report  ] AND NOW WE'RE ON DIRECTOR'S REPORT. UM, I FORGOT TO GIVE YOU THIS DURING WORK SESSION. MONICA ASKED ME TO GIVE THIS Y'ALL FOR THE, UH, FINANCIAL DISCLOSURE REPORTING SYSTEM. IF ANYBODY NEEDS INSTRUCTIONS, WE'LL HAVE 'EM HERE ON THE WAY OUT. OKAY? UM, DOES ANYBODY HAVE ANY QUESTIONS YOU CAN GET WITH STAFF ABOUT THE FINANCIAL DISCLOSURE? THEY REALLY DON'T TAKE LONG. SUPER EASY. NO, I ALREADY GOT MINE DONE, SIR, OVER THE WEEKEND. IT'S GOOD, RIGHT? . ALRIGHT. AND, AND IS THERE ? UH, IS IF, UH, IF THERE'S NOTHING ELSE, IT IS 4 28 AND WE ARE ADJOURNED. * 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.