* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:04] HERE BY ONE O'CLOCK. I CALL THIS MEETING THE SAN ANTONIO BOARD OF ADJUSTMENTS INTO SESSION. CAN WE HAVE THE SPANISH INTERPRETER COME UP PLEASE? THANK YOU VERY MUCH. STAFF, PLEASE CALL ROLL. COMMISSIONER BARRINGTON. HERE. COMMISSIONER STEVENS. PRESENT. COMMISSIONER IBANEZ. COMMISSIONER DEAN PRESENT. COMMISSIONER CRUZ. HERE. COMMISSIONER GOMEZ. COMMISSIONER MANNA PRESENT. COMMISSIONER BRAGMAN. COMMISSIONER BENAVIDES. HERE. COMMISSIONER OZUNA PRESENT. COMMISSIONER VASQUEZ. PRESENT. COMMISSIONER BROWN. HERE. CHAIR ORIAN HERE. AND I'M PRESENT. SO WE HAVE 1110 UNTIL COMMISSIONER BOEZ? YES SIR. OKAY. IF EVERYONE COULD PLEASE UH, JOIN ME WITH THE PLEDGE. I STATES AMERICA NATION LIBERTY JUSTICE, HONOR FLAG, TEXAS STATE UNDER GOD. SO BEFORE WE PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION. THIS BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE. THE CASE ARE LISTED BY NUMBER WITH THE NAMES 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 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. LASTLY, AS CHAIR, UM, APOLOGIZE. WE ARE PRIVATE CITIZENS APPOINTED THIS BOARD BY CITY COUNCIL. THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELEASE SOUGHT AND WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN 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 AND CHAPTER 35. WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE. IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY THE CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT OR HIS REPRESENTATIVE WILL 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 AND WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. THE BURDEN OF PROOF IN GRANTING THE RELEASE RESTS WITH THE APPLICANT. EACH MEMBER WILL BE ASKED TO VOTE ON A MOTION IN ORDER FOR A MOTION TO CARRY, REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES. THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED. APPEALS FROM THIS DECISION APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM ADMINISTRATIVE OFFICIALS. SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S. DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. PLEASE LET ME YOUR PRESENTATION AND REMARKS OF THE PERTINENT FACTS OF YOUR CASE STAFF. [ Briefing and Possible Action on the following items  ] THANK YOU. STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST. PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OF SPECIAL EXEMPTION AND PROPERTY WITHIN 200 FEET OF THE SUBJECT. PROPERTY CHECK MARKS INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND X INDICATE THOSE PROPERTY OWNERS IN OPPOSITION. FOLLOWING THIS PRESENTATION AND ANY QUESTIONS ABOUT THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST. FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST A PROPOSED VARIANCE OF SPECIAL EXEMPTION. YOU'LL BE CALLED IN AN ORDER THAT YOU SIGN UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM OF THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE A MAXIMUM TIME LIMITATION. FOR THOSE THAT WOULD LIKE TO GIVE WITH THEIR TIME TO A SPEAKER. THAT SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU, CHAIRMAN. YES. THANK YOU. UH, LET THE RECORD SHOW THAT ABOUT 1 0 3. COMMISSIONER UNI, UH, JOINED IN A SEATED AT THE MEETING. UH, AND JUST TO VERIFY THERE ARE NO MORE ALTERNATES, CORRECT? CORRECT. OKAY. SO AT THIS TIME I'M GOING TO BE RECUSING AND TURNING THE GAVEL [00:05:01] OVER TO VICE CHAIR ZUNA. HEY, CHAIR, BEFORE YOU LEAVE, UH, CAN I GET SOME COMPUTER SUPPORT, UH, POSSIBLY FROM THE STAFF? THANKS. 21ST. CAN WE, DO YOU WANT US TO WAIT BEFORE WE MOVE ON TO THE CASE OR DO YOU WANT TO UH, NO, WE CAN, WE CAN GO AHEAD. I JUST NEED, ALRIGHT. THE TIME IS, UH, 1 0 6 AND THE CHAIR IS RECUSING HIMSELF. UH, THE BOARD HAS TAKEN PREROGATIVE TO MOVE ITEM THREE UP TO THE NEXT AGENDA ITEM. SO STAFF, IF WE CAN HAVE A PRESENTATION FOR ITEM NUMBER THREE. OKAY. ITEM NUMBER THREE IS BO OA DASH TWO FIVE DASH 0 3 0 2 3. ADDRESS IS 7 73 30 NORTH LOOP 1604 WEST COUNCIL DISTRICT EIGHT. APPLICANT IS CHAD RESPOND, UH, REQUEST FOR A TWO FOOT VARIANCE FROM THE MAXIMUM EIGHT FOOT FENCE HEIGHT TO ALLOW A 10 FOOT COMMERCIAL PRIVACY FENCE ALONG THE SOUTH PROPERTY LINE. ZONING IS C3. SUBJECT PROPERTY IS LOCATED WITHIN THE UTSA AREA ALONG THE CORNER INTERSECTION OF NORTH LOOP 1604 WEST AND BABCOCK ROAD. THE SUBJECT PROPERTY IS DEVELOPING AN HEB GROCERY STORE ON THE LOT. THE APPLICANT ON BEHALF OF THE PROPERTY OWNER IS PROPOSING CONSTRUCTION OF A 10 FOOT PRIVACY FENCE ALONG THE SOUTHERN PORTION OF THE PROPERTY. ACCORDING TO THE APPLICANT, THE FENCE HEIGHT WAS AN AGREEMENT BETWEEN THE ABUTTING NEIGHBORHOOD, UH, HOMEOWNERS ASSOCIATION AND COMMERCIAL DEVELOPERS THAT WOULD HELP PROVIDE SEPARATION AND PRIVACY BETWEEN THE COMMERCIAL AND ABUTTING RESIDENTIAL PROPERTIES. PERMITS ARE PENDING THE BOARD OF ADJUSTMENT. THIS IS THE SITE PLAN. THIS IS THE SUBJECT PROPERTY. UM, THIS IS THE APPLICANT'S PROPOSED FENCE DESIGN EXAMPLES AND THIS IS A HISTORICAL VIEW OF THE PROPERTY FROM 2023. AND THIS IS THE SUBJECT PROPERTY AS OF TODAY. THIS IS THE LOCATION OF THE SOUTHERN SIDE, UM, WHICH IS THE BUDDING, THE RESIDENTIAL, AND THIS IS SURROUNDING AREA FOR THE FENCE HEIGHT VARIANCE. STAFF RECOMMENDS APPROVAL IN BOA DASH TWO FIVE DASH 0 3 0 0 0 2 3 BASED ON THE FOLLOWING FINDINGS OF FACT. ONE, THE VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND WOULD PROVIDE A SECURE BARRIER TO ENHANCE PUBLIC SAFETY AND PRIVACY BETWEEN PROPERTY LINES. TWO, THE FENCE HEIGHT WILL NOT SUBSTANTIALLY ENDURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTIES WITHIN THE SURROUNDING AREA. STAFF MAILED 33 NOTICES. 12 WERE IN FAVOR. ONE WAS IN FAVOR OUTSIDE OF 200 FEET AND ZERO IN OPPOSITION. THERE WAS NO RESPONSE FROM THE CEDAR POINT HOMEOWNER ASSOCIATION AND NO RESPONSE FROM THE RIOT COMMONS NEIGHBORHOOD COMMUNITY ORGANIZATION. AND THESE ARE THE, UH, THIS IS THE INITIAL, UH, PETITION FOR IN FAVOR AND THEN THE REMAINING WILL BE INDIVIDUAL RESPONSES. THIS CONCLUDES STAFF'S PRESENTATION. APPLICANT IS AVAILABLE. THANK YOU SO MUCH. WELCOME. AT THIS TIME, I'D ASK THE APPLICANT TO PLEASE COME FORWARD. YOU CAN HEAR YOUR PRESENTATION. THANK YOU. MEMBERS OF THE BOARD, STAFF AND FELLOW COMMUNITY MEMBERS. MY NAME IS MONICA GARZA, SENIOR MANAGER OF PUBLIC AFFAIRS FOR HEB. MY COLLEAGUES AND I ARE, UM, DELIGHTED AND GRATEFUL TO BE HERE TODAY WITH YOU. THANK YOU FOR ALLOWING US THE OPPORTUNITY TO PRESENT TODAY ON BEHALF OF THE NEIGHBORHOOD ASSOCIATION AND HEB, UH, TO ASK FOR A FENCE HEIGHT VARIANCE AT OUR NEW STORE BEING BUILT AT BABCOCK AND I 10, WE ARE JOINED BY MANY OF OUR RESIDENTIAL NEIGHBORS IN THEIR SUPPORT OF THIS, UH, FENCE. HAVING ENDURED A CHALLENGING FEW MONTHS OF CONSTRUCTION AS WE BUILD THE NEW STORE, HEB ALWAYS STRIVES TO BE THE BEST NEIGHBOR POSSIBLE. WE HAVE LISTENED TO THE CONCERNS OF OUR NEIGHBORS FOR MONTHS. WHILE A RETE, UM, FENCE, CRETE BARRIER WAS NOT ORIGINALLY IN OUR PLAN FOR THIS STORE. WE DETERMINED IT WAS THE RIGHT THING TO DO FOR THIS NEIGHBORHOOD IN THE COMMUNITY. WE SERVE A VARIANCE FROM [00:10:01] EIGHT FEET TO 10 FEET WOULD ALLOW OUR NEIGHBOR'S PRIVACY AND A SOUND BARRIER TO HELP PRESERVE THE QUALITY OF LIFE IN USING THEIR BACKYARDS. WE ASKED FOR YOUR SUPPORT IN THIS MATTER AND WE HAVE SUBMITTED A LETTER FROM THE NEIGHBORS WITH ALL THEIR SIGNATURES AND SUPPORT, AS YOU'VE JUST SEEN IN THE STAFF'S REPORT. WE, UM, HAVE MEMBERS OF OUR HEB CONSTRUCTION AND ENGINEERING TEAM HERE FOR ANY TECHNICAL QUESTIONS YOU MAY HAVE. THANK YOU VERY MUCH. THANK YOU SO MUCH. LET'S SEE IF WE HAVE ANY QUESTIONS FOR THE APPLICANT. ANY BOARD MEMBERS MANNA, MR. MANNA? SO, SO THANK YOU. YES. SO I'VE WORKED WITH HEB TO PUT AN HP IN OUR COMMUNITY AND YOU ALL WERE WONDERFUL WITH THAT REGARDS OF REACHING OUT TO COMMUNITY. UM, SO A COUPLE QUESTIONS HERE. SO ONE, IS THERE GONNA BE TRAFFIC ALONG, UH, ALONG THIS FENCE GOING TO THE BACK OF THE STORE FOR, FOR TRUCK MOVEMENT. UM, YOU KNOW, 'CAUSE THAT'S REALLY IMPORTANT TO HAVE THOSE FENCES, YOU KNOW, WHEN IT IS THAT THAT IS OCCURRING. SURE. AND THEN THE SECOND QUESTION IS, UM, ONE OF THE CHALLENGES THAT WE HAD IN OUR COMMUNITY WAS, UM, LANDSCAPING THAT WAS THERE, UM, IN THE, WE'LL SAY IN THAT BUFFER AREA, UH, HAD BE ALLOWED FOR PEOPLE THAT WE REALLY DIDN'T WANT THERE OR HEB DIDN'T WANT THERE EITHER, UH, TO BE THERE AND SO, SO, OR YOU COULD BE TAKING CARE OF THAT AS WELL. MAY I DEFER TO SOME OF OUR DESIGNER TECHNICAL TEAM? HI, GOOD AFTERNOON. I'M LANCE KLEIN, CIVIL ENGINEER WITH HEB. UH, TO ANSWER YOUR FIRST QUESTION, YES, THERE WILL BE, UH, TRUCK TRAFFIC AS WELL AS CUSTOMER TRAFFIC ON THAT SIDE OF THE SITE. UM, WE'VE LOCATED THE FENCE, UH, ABOUT THREE FEET OFF THE PROPERTY LINE. UH, ONE TO ALLOW FOR CONSTRUCTION OF THE FENCE WITHOUT DAMAGING THE EXISTING OWNER'S FENCES. AND TWO, TO PROVIDE A, A NARROW ENOUGH GAP IN BETWEEN THERE SO THAT WE CAN MAINTENANCE THAT AREA, BUT ALSO TO DISSUADE OTHER FOLKS FROM BEING IN THAT, IN THAT SPACE. THANK YOU. SURE. THANK YOU. DO WE HAVE ANY OTHER QUESTIONS FOR YEAH, YEAH, I'M JUST CURIOUS, WHY DID YOU APPARENTLY RAISE THE HEIGHT OF THE BACK OF THE PROPERTY NEXT TO THE HOMEOWNERS? SO THAT WAS DONE IN ORDER FOR US TO PROVIDE ADEQUATE DRAINAGE AWAY FROM AWAY FROM THAT CORNER OF THE SITE TO THE DRAIN. THERE'S A LARGE DRAINAGE CHANNEL IN THE FRONT OF THE STORE AND SO WE, IN ORDER TO PROVIDE ADEQUATE DRAINAGE, UM, FROM OUR SITE TO THAT AREA, WE HAD TO, WE HAD TO LIFT UP THAT CORNER. YES SIR. THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT? CRUZ, MS. CRUZ? UM, THE ENTRANCE TO THIS HEB WILL BE ON BABCOCK. IT'S ON BABCOCK, BUT THERE IS AN ACCESS POINT ALSO OFF THE HIGHWAY, BUT THE PRIMARY ENTRANCE WILL BE OFF OF BABCOCK. OKAY. THANK YOU. ONE MORE QUESTION. I'M SORRY. YES. UM, AND SO, SO YOU KNOW, I'M JUST SPEAKING FROM A COMMUNITY PERSPECTIVE AND THINKING ABOUT THAT. SO WILL IT BE HOURS OF DESIGNATION FOR THOSE TRUCKS GOING THROUGH SO THAT IT'S NOT ALL NIGHT LONG AND FOR THOSE NEIGHBORS THAT LIVE BEHIND WITH THAT FENCE? YEAH, EXCUSE ME. WE ARE MINDFUL OF OPERATIONAL HOURS OF WHEN TRUCKS DO, UM, GO THROUGH DELIVER. UM, WE'RE PRETTY CONSISTENT THROUGHOUT OUR OPERATIONS THROUGHOUT THE STATE OF TEXAS ON HOW THAT WORKS. THANK YOU. ANY OTHER QUESTIONS AS STAFF? DO WE HAVE ANY VOICEMAIL OR OTHER PUBLIC COMMENTS TO BE READ INTO THE RECORD? I HAVE TWO VOICEMAILS. HELLO, MY NAME IS DEBORAH JUAREZ AND MY ADDRESS IS 74 15 ROCKY CEDAR SEVEN EIGHT TWO FOUR NINE. MY PHONE NUMBER IS TWO ONE FOUR TWO TWO SIX THREE ZERO ONE. I'M CALLING REGARDING THE BOA CASE NUMBER 25 DASH ZERO, I'M SORRY, 25 DASH 1 0 3 0 0 2 3. AND TO REQUEST THE APPROVAL OF A TWO FOOT VARIANCE TO ALLOW FOR A 10 FOOT COMMERCIAL PRIVACY FENCE INSTEAD OF AN EIGHT FOOT FENCE ALONG THE SOUTH PROPERTY LINE OF THE NEW A TB DEVELOPMENT LOCATED AT 7 3 3 0 NORTH 1604 WEST. WE ALL LOVE A TB HERE IN SAN ANTONIO, BUT AS YOU SEE IN THE NEWS WITH ALL THE PEOPLE WHO COME ONTO THE A EB PARKING LOT, THE POTENTIAL FOR CRIME AND BAD THINGS TO HAPPEN IS ALWAYS THERE. MY BACKYARD DIRECTLY ABUTS THE A EB PARKING LOT AND AN EIGHT FOOT FENCE IS SIMPLY NOT AN EFFECTIVE DETERRENT TO SOMEONE WHO WOULD BE ATTEMPTING TO TRESPASS ONTO MY PROPERTY. I WOULD FEEL MUCH, MUCH SAFER IF THE FENCE WAS, WAS 10 FEET HIGH. IT ALSO MAKES SENSE TO PROVIDE THE PRIVACY I'VE LOST SINCE THE PARKING LOT LEVEL IS MUCH HIGHER THAN MY BACKYARD. A TB RAISED THE GROUND LEVEL AND I CAN ACTUALLY SEE THE GROUND LEVEL OVER MY BACKYARD FENCE SO PEOPLE ARE GOING TO BE ABLE TO EASILY SEE INTO MY BACKYARD. UNLESS THE FENCE IS 10 FEET HIGH, THERE WILL ALSO BE HEADLIGHTS SHINING INTO MY WINDOWS. HEB HAS AGREED TO BUILD A 10 FOOT PRIVACY WALL AND ALL MY NEIGHBORS ARE FOR IT. I RESPECTFULLY REQUEST THAT BOA APPROVE THE VARIANCE. THANK YOU. HELLO, MY NAME IS [00:15:01] RONALD JUAREZ AND MY ADDRESS IS 7 4 1 5 ROCKY CEDAR SEVEN EIGHT TWO FOUR NINE. PHONE NUMBER IS (210) 219-1922. AND I'M CALLING REGARDING CASE NUMBER TWO FIVE DASH 1 0 3 0 0 2 3 TO FORMERLY REQUEST A BOARD OF ADJUSTMENT APPROVED A TWO FOOT VARIANCE TO ALLOW A 10 FOOT COMMERCIAL PRIVACY FENCE ALONG THE SOUTH PROPERTY LINE OF 7 3 3 0 NORTH 6 0 4 WEST, WHICH IS THE NEW HEB DEVELOPMENT. MY BACKYARD FENCE LINE SHARES THE SOUTH PROPERTY LINE WITH THIS NEW DEVELOPMENT AND DUE THE PROXIMITY AND THE BUILD OF THIS HEB, MY CONCERN IS THE LOSS OF PRIVACY. MOST IMPORTANTLY, SECURITY, THE PARKING LOT IS DIRECTLY BEHIND MY BACKYARD AND THERE ARE VEHICLE SPACES LOCATED APPROXIMATELY FIVE YARDS RIGHT BEHIND MY BACKYARD FENCE. AND AN EIGHT FOOT WALL IS SIMPLY NOT A SUFFICIENT DETERRENT OR BARRIER DUE TO THE ELEVATED GROUND LEVEL OF THE HV PARKING LOT. UH, THE GROUND LEVEL WAS SIGNIFICANTLY RAISED ABOVE THE ORIGINAL GROUND LEVEL, THUS ELEVATING ALL THINGS ON THE PARKING LOT ABOVE THE HOMEOWNER'S BACKYARD FENCE LINES. AND I CONDUCTED A TEST, MARKED AN EIGHT FOOT AND 10 FOOT LINE ON A TREE, AS WELL AS ADDING TWO PICKETS AT EIGHT FOOT AND 10 FOOT LEVELS ONTO MY FENCE. AND IT WAS CLEARLY ESTABLISHED AT AN AVERAGE HIGH PERSON WHO'S STANDING IN THE PARKING LOT CAN NOW CLEARLY SEE IN THE BACK WINDOWS OF MY ONE STORY HOME OVER THE EIGHT FOOT MARK, BUT NOT OVER THE 10 FOOT MARK. THIS HEB WILL SERVE THE UTS A COMMUNITY OF THOUSANDS OF YOUNG ADULTS AND THOUSANDS MORE PEOPLE ARE EXPECTED TO COME ON THE PROPERTY AS WELL. AND THE 10 FOOT, UH, 10 FOOT WALL WOULD RESOLVE SOME THE PRIVACY ISSUES. HOWEVER, THE VISIBILITY OF VEHICLES PERSONS STREAMING HEADLIGHT POLLUTION THAT OUR HOMEOWNERS HAVE BEEN SUFFERING THE LAST SEVERAL MONTHS WILL CONTINUE TO SUFFER, IS NOT THE MOST IMPORTANT REASON FOR THE TWO FOOT VARIANCE. THE MOST IMPORTANT IS TO PROVIDE A SECURE BARRIER PROTECTING THE HOMEOWNERS FROM POTENTIAL CRIME THAT WILL COME FROM THE RETAIL DEVELOPMENT IN AN EFFORT TO PREVENT A POTENTIAL TRAGEDY RESULTING AS A STRAY BULLET COMING FROM THE PARKING LOT OR SOMEONE ATTEMPTING TO TRESPASS INTO A HOMEOWNER'S PROPERTY. BY JUMPING OVER THE WALL, A 10 FOOT FENCE WALL WOULD PROVIDED MORE SIGNIFICANT BARRIER VERSUS AN EIGHT FOOT FENCE WALL. AS AN EXAMPLE, PLEASE VISUALIZE A PERSON WHO IS SIX FOOT TALL WITH THEIR ARM EXTENDED SKYWARD. THAT SIX FOOT TALL PERSON WOULD ONLY HAVE TO JUMP FOUR TO SIX INCHES TO REACH THE TOP OF THE EIGHT FOOT WALL. WHEREAS IN A 10 FOOT HIGH, MOST PERSONS WOULD NOT BE ABLE TO REACH THE TOP. THINK OF SOMEONE TRYING TO DUNK A BASKETBALL. MOST PEOPLE CANNOT DUNK A 10 FOOT HIGH HOOP BA BASKET. FURTHERMORE, A 10 FOOT PRIVACY WALL WILL NOT DETERIORATE AESTHETICALLY FROM ANY SURROUNDING BUSINESSES OR HOME DEVELOPMENTS AID IN THE BLOCK OF LIFE POLLUTION FROM THE RETAIL DEVELOPMENT. I SPEC THE REQUEST THAT THE BOA APPROVE THE TWO FOOT VARIANCES MAKES SENSE TO ALLOW THIS VARIANCE AS ALL THE HOMEOWNERS ARE FOR IT AND HEB HAS AGREED TO BUILD IT. THANK YOU. ALRIGHT, THANK YOU. THAT CONCLUDES OKAY, UH, THE APPLICANT. YOU'VE HEARD ALL THE PUBLIC COMMENTS AND THE VOICEMAIL COMMENTS. DO YOU HAVE ANY CLOSING REMARKS BEFORE WE CLOSE THE PUBLIC PORTION? NO. WE'VE VISITED WITH THESE, UM, NEIGHBORS FOR QUITE A FEW MONTHS, SO THANK YOU FOR LISTENING TO OUR CASE. WE APPRECIATE THE OPPORTUNITY AND OBVIOUSLY YOU'RE ADVOCATING FOR 10 FOOT. WELL. THANK YOU. THANK YOU FOR BEING A GOOD NEIGHBOR. UM, WITH THAT I'D CLOSE THE PUBLIC PORTION AND ASK FOR A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION MANNA MR. MANNA REGARDING CASE NUMBER BO A 2 5 1 0 3 0 0 0 2 3. I MOVED AT THE BOARD ADJUSTMENT GRANT, A REQUEST FOR A TWO FOOT VARIANCE FOR THE MAXIMUM EIGHT FOOT FENCE SITES TO ALLOW A 10 FOOT COMMERCIAL PROPERTY FENCE ALONG THE SOUTH PROPERTY LINE SITUATED AT 7 3 3 0 NORTH 6 0 4 WEST. APPLICANT BEING CHAD RESPONDED BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CARE, THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE EDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THE REQUESTED VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST, AS IS ABUTTING THE REAR LOT LINES OF RESIDENTIAL LOTS AND THE FENCE WOULD PROVIDE A BARRIER TO ENHANCED PUBLIC SAFETY AND PRIVACY BETWEEN PROPERTY LINES. TWO, DUE TO SPECIAL CONDITIONS OF LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN REDUCED SOUND AND VISUAL BARRIERS FOR THE RESIDENTIAL LOTS. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED VARIANCE WILL ALLOW A HIGHER REAR PRIVACY FENCE, WHICH WILL OBSERVE THE SPIRIT OF THE ORDINANCE THAT PROMOTES SEPARATION PRIVACY BETWEEN COMMERCIAL AND RESIDENTIAL LOTS. THE VARIANCE, UH, THE VARIANCE WILL NOT, UM, AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN ZONING DISTRICT IN WHICH THIS VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH HIS PROPERTY IS LOCATED. GRANTING THE VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTIES AS THE VARIANCE WILL PROMOTE THE USE OF PROVIDING ADDITIONAL BARRIERS BETWEEN THE COMMERCIAL USE AND RESIDENTIAL PROPERTIES. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND [00:20:01] ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO A RESULT OF GENERAL CONDITIONS. AND A DISTRICT IN WHICH THIS PROPERTY IS LOCATED, STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS A BUDDING ESTABLISHED RESIDENTIAL USES. END OF MOTION. SECOND. A SECOND MS. GO. ALRIGHTYY. ANY, UM, DELIBERATION ON THE BOARD ON THE MOTION? SO YEAH, I'M GONNA PROVE THIS SIMPLY BECAUSE, YOU KNOW, IT'S, I I THINK IT WORKING WITH THE COMMUNITY IS A GREAT THING TO DO. UM, AND UM, I THINK THAT AS WAS PROVIDED, UM, IN THE TESTIMONY, UH, BY, UH, SOME OF THE PEOPLE THAT ARE MOST DIRECTLY IMPACTED, UH, THEY WERE ALL IN FAVOR. AND SO HAVING SO MANY PEOPLE IN FAVOR OF THIS, THERE'S NO REASON I SHOULDN'T BE APPROVING THIS. MS. CRUZ? UM, YES, I AGREE WITH MR. MANNA AND OF COURSE WITH, UH, A GB ALWAYS EXPANDING AND THEY DO HAVE HAD TWO OR THREE OTHER STORES WITH THE SAME 10 FOOT FENCE. I DON'T SEE ANY PROBLEMS WITH IT. THANK YOU. ANY OTHER COMMENT FROM THE BOARD? IF NOT, LET'S TAKE A ROLL CALL VOTE PLEASE. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER BENAVIDEZ? I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER BONNI? I CONCUR. COMMISSIONER BROWN? I CONCUR. CHAIR OONA? YES, I CONCUR. UNANIMOUS 11 IN FAVOR. ZERO AGAINST THE MOTION PASSES AS RIGHT. CONGRATULATIONS WITH THE PROJECT. THANK YOU. THAT WAS THE TIME. IS 1 23 AND THE CHAIR IS BACK IN SESSION. AND JUST ONE, ONE LITTLE CORRECTION. IT WAS 10 IN FAVOR FOR THE MOTION NOTED. ALRIGHT, ON TO ITEM NUMBER ONE. ITEM NUMBER ONE BOA TWO FIVE ONE TEN THREE ZERO ZERO ZERO EIGHTEEN ADDRESS 15 4 0 7 LOOKOUT ROAD COUNCIL, DISTRICT 10 APPLICANT TOM CARTER. I REQUEST A 16 FOOT VARIANCE FROM THE MINIMUM 20 FOOT FRONT EGRESS AND INGRESS ONLY DRIVES TO ALLOW PARKING AND DRIVES PAST FOUR FEET FROM THE FRONT PROPERTY LINE ZONING A C TWO. THE SUBJECT PROPERTY IS LOCATED ALONG LOOKOUT ROAD, EAST OF EAST LOOP, UH, 1604. NOT LOCATED WITHIN ANY NEIGHBORHOOD ASSOCIATION. THE LOT IS CURRENTLY VACANT AND THE PROPERTY IS INTENDED FOR MULTIFAMILY APARTMENT CONSTRUCTION PURSUANT TO SECTION 35 D 1 0 1 D OF THE UNIFIED DEVELOPMENT CODE. BECAUSE THE LOT WAS FORMERLY B TWO AND MEETS ALL OTHER QUALIFICATIONS AND STANDARDS, IT HAS ALLOWED MULTIFAMILY DWELLINGS UP TO 33 UNITS PER ACRE UNDER CURRENT ZONING LOOKOUT ROAD IN, UH, FRONT OF THE PROPERTY DOES NOT, UH, THE LOOKOUT ROAD IN FRONT OF THE PROPERTY DOES NOT, UH, BELONG TO THE CITY OF SAN ANTONIO, WHICH ELIMINATES THE REQUIREMENT FOR A BUFFER YARD. AND HERE'S THE SITE PLAN SHOWING THE, UH, PROPERTY ALONG LOOKOUT ROAD AND THE DRIVES SUBJECT PROPERTY SURROUNDING AREA. STAFF RECOMMENDATION FOR THE PARKING AND DRIVES FRONT SETBACK VARIANCE STAFF RECOMMENDS APPROVAL IN BO OA 25 3 0 0 1 8 BASED ON THE FOLLOW FINDINGS OF FACT ONE. THE BUILDABLE AREA IS HEAVILY RESTRICTED BY THE DRAINAGE EASEMENT FOR THE FLOODPLAIN AND TWO, THE REQUESTED VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF MAILED OUT 11 NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION, AND NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET. AND THAT CONCLUDES STAFF PRESENTATION. APPLICANT IS AVAILABLE. ALRIGHT, SO THE APPLICANT COME FORWARD. PLEASE STATE YOUR NAME, TELL US ABOUT YOUR PROJECT. GOOD AFTERNOON. MY NAME'S MATTHEW CUSHMAN. I AM HERE ON BEHALF OF TOM CARTER. I WORK AT PAW ENGINEERS, UH, SENIOR PROJECT MANAGER FOR THIS PROJECT. UM, ONE THING TO NOTE AS WELL IS THERE'S AN EXISTING 50 FOOT SAWS TRANSMISSION EASEMENT, WHICH PRECLUDES OUR ABILITY TO MEET THE, THE ORIGINAL 20 FOOT MAXIMUM SETBACK. UM, REQUIRING US TO PUSH THE BUILDING EVEN FURTHER WEST. UH, CREATING AN ADDITIONAL CONS OR COMPOUNDING THE CONSTRAINT FROM THE EXISTING FLOODPLAIN AND DRAINAGE EASEMENT. UH, THE REQUEST FOR THE PARKING SHOWN, UH, IT WILL ALLOW US TO DEVELOP THIS SITE AND [00:25:01] PROVIDE, UH, ADDITIONAL, UM, AFFORDABLE HOUSING TO THE LOCAL COMMUNITY. ALL RIGHT, THANK YOU. UH, IS THERE ANY QUESTIONS FROM THE COMMISSION? IS THERE ANY, UH, VOICEMAILS? NO PUBLIC COMMENT. ALRIGHT, THANK YOU VERY MUCH. THANK YOU. I'M LOOKING FOR A MOTION ZUNA COMMISSIONER ZUNA, UH, REGARDING CASE NUMBER BO OH EIGHT DASH 25 DASH 0 3 8. I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED REQUIRES FOR A 16 FOOT VARIANCE FROM THE MINIMUM 20 FOOT FRONT PARKING AREA TO ALLOW PARKING AND DRIVES PAST FOUR FEET FROM THE FRONT PROPERTY LINE SITUATED AT 15 4 0 7 LOOKOUT ROAD APPLICANT BEING TOM CARTER BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF PROVISIONS OF THE UDC HAS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIPS. SPECIFICALLY, SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY ADHERING TO THE PARKING AND PARKING AND DRIVES FRONT SETBACK REQUIREMENTS. THE PARKING AND DRIVES FRONT SETBACK VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS SUFFICIENT SPACE WILL REMAIN AND THE DESIGN AND CONFIGURATION OF THE PROPOSED BUILDINGS AND LOT IS NOT CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE PARKING AND DRIVES FRONT SETBACK ORDINANCES WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD BE SIGNIFICANTLY RESTRICTED IN THE BUILDING, UH, BUILDABLE SPACE ON THE LOT DUE TO THE IRREGULAR SHAPE CAUSED BY THE FLOODPLAIN DRAINAGE, EASEMENT AND UTILITY LINES EASEMENTS. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED PARKING AND DRIVES FRONT SETBACK VARIANCE DOES NOT APPEAR TO BE IN THE SPIRIT OF THE ORDINANCE. AS THE DESIGN IN CONFIGURATION OF THE LOT IS, IS RESPECTING THE FLOODPLAIN DRAINAGE EASEMENT RESTRICTIONS. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATIONS OF USE OTHER THAN THOSE YOU SPECIFICALLY AUTHORIZED. THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED FOR THIS VARIANCE. FIVE. SUCH VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THAT THE PARKING AND DRIES FRONT SETBACK VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES AS SUBSTANTIAL BUFFERING AND SCREENING WILL BE AFFORDED BY THE FLOODPLAIN DRAINAGE EASEMENT AND SECONDARY ARTERIAL ROAD. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SAW DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY. NOT MERELY FINANCIAL, NOT DUE TO OTHER RESULT OF GENERAL CONDITIONS. AND THE DISTRICT. ONCE THE PROPERTY IS LOCATED, STAFF FINDS A UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY FOR THE PARKING AND DRIVES FRONT SETBACK. AND IS THE FLOODPLAIN DRAINAGE EASEMENT HEAVILY RESTRICTING THE BUILDABLE PORTION OF THE LOT AND A MOTION? SECOND. SECOND BY COMMISSIONER STEVENS. COMMISSIONER ZUNA? YES. SO I'M GONNA BE SUPPORTING THE, THE VARIANCES READ. UH, WE SAW NO OPPOSITION FROM THE, UH, ADJOINING PROPERTY OWNERS THAT'D BE AFFECTED. UH, THE BUILDING IS, UH, SIDE AREAS CONSTRAINED BY BOTH THE, UH, FLOODPLAIN AND ELECTRICAL EASEMENTS THAT HAVE BEEN, UH, UH, TEST TESTIMONY PRESENTED TO US. AND, UH, THE PROPOSED USE OF THIS PROJECT IS KIND OF AN AFFORDABLE HOUSING COMPONENT AND IT PROVIDES MUCH NEEDED AFFORDABLE HOUSING IN THE MARKET AREA FOR THOSE REASONS OF SUPPORTING THE VARIANCES READ. THANK YOU. COMMISSIONER STEVENS? YEP. I AGREE WITH EVERYTHING. COMMISSIONER OZUNA SAID THIS IS A PRETTY, UH, MINOR VARIANCE GIVEN THE SIGNIFICANT CONSTRAINTS OF THE SITE, SO I'LL BE IN FAVOR. GREAT. ANYONE ELSE LIKE TO ADD HEARING NOW? LET'S HAVE A ROLL CALL. VOTE. COMMISSIONER UNA? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER BARRINGTON? I CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER VASQUEZ? COMMISSIONER VASQUEZ. THUMBS UP ONE MORE TIME, SIR. HERE'S A THUMBS UP OR THUMBS DOWN. COMMISSIONER VASQUEZ, I THINK YOU'RE MUTED. CAN YOU, CAN YOU HEAR ME NOW? YES. OKAY. COMMISSIONER BONNI? YES, I CONCUR. COMMISSIONER BROWN, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 10 TO ONE. ITEM NUMBER TWO I TWO BOA 25 1 0 3 0 0 0 2 2. ADDRESS, 97 60 BRAUN ROAD COUNCIL DISTRICT ROAD COUNCIL DISTRICT SEVEN. APPLICANT SOUTHTOWN ENGINEERING AND CONSULTING LLCA REQUEST A REQUEST FOR A 15 FOOT VARIANCE FROM THE MINIMUM 30 FOOT SIDE SETBACK TO ALLOW A 15 FOOT SIDE SET. SETBACK ZONING IS C3. THE SUBJECT PROPERTY IS LOCATED ALONG BRON ROAD, EAST OF NORTHWEST LOOP 1604. [00:30:01] NOT LOCATED WITH ANY NEIGHBORHOOD ASSOCIATION. THE LAW IS CURRENTLY VACANT. THE PROPOSED USE OF THE LAW IS FOR AN OFFICE WAREHOUSE DUE TO THE IRREGULAR LOT SHAPE AND NARROWNESS OF THE APP AND NARROWNESS. THE APPLICANT IS REQUESTING SETBACK PER RELIEF FROM THE BOARD OF ADJUSTMENT. THE PROPERTIES NORTH AND WEST ARE ABUTTING ROADS AND THE SOUTH IS ABUTTING A 26 FOOT DRAINAGE RIGHT AWAY. AND THE EAST IS ABUTTING A 3.4 ACRE RESIDENTIAL LOT. AND HERE'S THE SITE PLAN, UH, SHOWING WHERE THE 15 FEET, UH, DISTANCE WILL BE BETWEEN THE BUILDING AND THE PROPERTY LINE. SUBJECT PROPERTY SURROUNDING AREA. STAFF RECOMMENDATION FOR THE SITE SETBACK VARIANCE STAFF RECOMMENDS APPROVAL IN BO OA 25 1 0 3 0 0 0 2 2 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE PROPERTY IS ABUTTING A SIZABLE EASEMENT LARGE ACRE LOT AND MAJOR ROAD ALLOWING SUFFICIENT BUFFERING BETWEEN RESIDENTIAL AND COMMERCIAL USES. TWO. THE REQUESTED VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF MAILED OUT 20 NOTICES. ZERO IN FAVOR, ONE IN OPPOSITION. NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET. AND THIS WAS THE ONE IN OPPOSITION. UM, THEY HAD CONCERNS ABOUT TREES, UH, BEING DEMOLISHED. UM, AND I DID HAVE A CALL WITH THIS APPLICANT AS WELL. UM, AND HE SAID IT COULD HAVE POTENTIALLY ALREADY BEEN IN THE EASEMENT SO IT WOULDN'T EVEN BE TOUCHED, UM, BY THE PROPERTY. BUT REGARDLESS, HE WAS, UM, AGAINST AND HAD CONCERNS ABOUT THE TREES AND, UM, UTILITY BOX PLACEMENTS. AND COVERING THIS CONCLUDES STAFF PRESENTATION. APPLICANT IS AVAILABLE. ALL RIGHT. UH, JUST A QUICK QUESTION. THOSE UTILITY BOXES THAT'S NOT ON THE APPLICANT'S PROPERTY, RIGHT? THERE'S A POTENTIAL THAT IT WASN'T. I WAS LOOKING AROUND ON THE PICTURES THAT THEY SENT. UM, I'M THEIR, THEIR ENGINEERS PRESENT AND THEY COULD, THEY COULD ANSWER THAT QUESTION IF THAT THAT WAS LEGITIMATELY ON THEIR PROPERTY OR NOT, OR IF THAT'S ANOTHER PROPERTY THEY'RE THINKING OF. ALL RIGHT, THANK YOU. YEAH. HI. IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR JOB AND, AND YOU HEARD MY QUESTION WHETHER OR NOT THOSE BOXES WERE IN THE PROPERTY OR NOT? YES, SIR. THANK YOU. UM, MEMBERS OF BOARD APPRECIATE THIS TIME. MY NAME IS STEVE LIN, UM, WITH SOUTH TOWN ENGINEERING. UM, OUR CLIENT, UM, WE'RE HERE ON BEHALF OF A CLIENT FOR THIS VARIANCE, SO I DO APPRECIATE YOUR CONSIDERATION, YOUR TIME AND ALSO APPRECIATE THE STAFF GIVING US THEIR TIME DOING THIS. UM, AND I'LL GET BACK TO YOUR QUESTION. SO KNOW ME, UH, JUST GIVE A FULL, UH, RUNDOWN. THAT'S, AS YOU CAN SEE ON THE SITE PLAN. UM, YOU KNOW, THE, THE PURPOSE IS TO RECLAIM SOME LAND BACK FOR, UH, JUST WITH THE UNIQUE CIRCUMSTANCES OF THIS. AS YOU CAN SEE, UM, THIS, THE, THE SITE IS ENCUMBRANCE. UM, LIKE, UM, COLTON SAID, UH, TO THE SOUTH THERE IS A EXISTING DRAINAGE EASEMENT. SO THAT ALREADY GIVES THIS NATURAL BUFFER TO THE SUBDIVISION AND THEN TO THE WEST. UM, THERE'S SOME, UM, UTILITIES AND WHATNOT. AND ALSO THERE IS A HEAD WALL STRUCTURE THAT'S FEEDS TO THAT DRAIN, THE LASER POINTER OH POINT IF YOU NEED IT. ABSOLUTELY RIGHT. SO THAT'S WHERE, MY GOODNESS, MY HANDSHAKES , UM, THAT'S WHERE THE HEAD WALL IS. AND THEN ON THE NORTH SIDE THERE'S ACTUALLY A GUARDRAIL. UM, SO IT ACTUALLY PREVENTS ACCESS TO, UM, BROWN ROADS. SO TO GET THE PROPER SPACING, UM, WITH THE, UM, YOU KNOW, CITY'S, UH, DRIVEWAY SPACING STANDARDS, YOU KNOW, WE HAVE TO PUT OUR DRIVEWAY ON SINGLE SPUR AND KIND OF PUT THE BUILDING, THE BACK OF THE BUILDING IN THIS CASE TO THE REAR PROPERTY LINE, WHICH IS OUR EASTERN PROPERTY LINE, WHICH IS NOW WHY WE'RE ASKING FOR THAT EASEMENT. UM, WHAT I DO KNOW FROM OUR SURVEY IS THERE'S A COUPLE OF, UH, ELECTRIC BOXES THAT ARE HERE, UM, ALONG SINGLE SPUR THAT'S, UM, IT, IT KIND OF TOES THE LINE BETWEEN THE RIGHT OF WAY LINE AND, UM, UH, WITHIN THE, UH, WHAT WOULD BE LIKE A 14 FOOT, UH, CPS EASEMENT THAT'S TYPICALLY SHOWN ON PLATS. UM, AND SO, UH, BUT AGAIN, MOST OF OUR, UH, ENCUMBRANCES IN TERMS OF UTILITIES ARE ALL ALONG. UM, BRO ROAD WHERE THERE'S, UH, THE HEAD WALL AND THEN THERE'S A LITTLE CHANNEL RIGHT THERE, UM, THAT'S KIND OF RIGHT HERE. UM, THAT'S ON THE NEIGHBOR'S PROPERTY. DOES THAT HELP, SIR? OR, YEAH, BECAUSE I WAS GOING THROUGH GOOGLE, UH, MAPS, I DIDN'T, I DIDN'T SEE THAT COLLECTION OF BOXES. UH, AND SO I DIDN'T KNOW IF THAT WAS NEAR YOUR PROPERTY OR DONE RECENTLY OR, OR I THINK IT WAS DONE MORE, MORE RECENT THAN, UM, 'CAUSE THIS [00:35:01] PROPERTY, IF YOU LOOK ON GOOGLE MAPS, THE, UH, THE WR IRON FENCE IS BLACK, BUT IF YOU GO TODAY IT'S WHITE. SO I WOULD SAY IT'S MORE RECENT. AND THEN OF COURSE THE OWNER NEXT DOOR HAD REPAINTED THEIR FENCE AND AND WHATNOT, SO. ALRIGHT. WELL, IS THERE, UM, ANY COMMISSIONER QUESTIONS? CRUZ? COMMISSIONER CRUZ? UM, YES SIR. MOST OF THE PROPERTY AROUND YOU IS COMMERCIAL ALSO, IS THAT CORRECT? THERE'S NO REALLY RESIDENTIAL, UH, PROPERTIES, CORRECT? WELL, SO TO THE SOUTH, THIS IS A RESIDENTIAL SUBDIVISION. UH, AND, BUT WE ARE BUFFERED BY, UH, 26 FOOT DRAINAGE EASEMENT. UM, FOR THAT. NOW, TECHNICALLY SPEAKING THIS LOT TO OUR EAST IS ZONED AS RESIDENTIAL, BUT UM, THERE IS A, UM, UH, LIKE A PAINT PAINT STORE STORE, A, A, A PAINTING CONTRACTOR, UM, WHAT THE SAME ADDRESS AND IF YOU DRIVE BY IT NOW TODAY THERE'S ALSO LIKE A LITTLE AREA FOR A TACO STAND. SO THERE, THERE'S, THERE'S PROOF OF USE OF A COMMERCIAL, UM, ESTABLISHMENT THERE TO OUR EAST. OKAY. I HAVEN'T BEEN IN THAT AREA IN A WHILE, SO I'M, THAT'S WHY I'M TRYING TO PICTURE OF ABSOLUTELY EXACTLY, EXACTLY WHAT'S THERE NOW. OKAY, THANK YOU. NO PROBLEM. COMMISSIONER MANNA MANNA. UM, SO QUESTION FOR CITY STAFF. SO, UM, THIS IS LISTED AS A BUDDING TO RESIDENTIAL PROPERTIES OR TO I GUESS THE, THE COMMERCIAL, UH, ABUTTING IT. WILL THE LANDSCAPE BUFFER REMAIN THE SAME FOR THIS AREA, UM, ON BOTH SIDES OF THAT PROPERTY? CORRECT. THEY REQUIRE A 15 FOOT BUFFER ON BOTH SIDES. AND THEY HAVE THAT LANDSCAPE BUFFER SPECIFICALLY? CORRECT. OKAY. AND THEN IS THAT THE DENSE ONE BECAUSE IT'S A C3, SO A LITTLE BIT MORE DENSE WITH REGARDS TO THE AMOUNT OF LANDSCAPING REQUIRED THERE? DO WE KNOW, I KNOW IT'S A 15 FOOT. UM, AS FAR AS THE DETAILS ON THAT, YEAH, JUST TRYING TO, YOU KNOW, THE ONE PERSON'S PERSPECTIVE I GUESS THAT PROVIDED THE INPUT. YOU KNOW, HE IS TALKING ABOUT, YOU KNOW, THE TREES AND EVERYTHING AND, AND THEN IF THEY ADD THE ADDITIONAL TREES, THEN THAT WOULD ADD TO THAT, SO RIGHT. AND THAT'S KIND OF WHERE WE CAME UP WITH THE 15 FOOT AS WELL. 'CAUSE WE WANTED TO MEET BOTH THE LANDSCAPE AND OBVIOUSLY THE, UH, HELP WITH THE BUILDING SETBACK. AND IF I CAN CLARIFY SOMETHING, UM, BECAUSE THIS IS ADDRESS OFF OF BROWN ROAD, UM, BUT IT LOOKS LIKE IT'S GONNA BE ADDRESSED OFF OF THAT SIDE ROAD. UM, THIS ESSENTIALLY IS GONNA BE THE REAR SETBACK. UM, SO WHEN WE READ THE MOTION, THE, THE NUMBERS, THE MEASUREMENTS ARE STILL THE SAME. IT'S JUST THE REAR SETBACK, NOT THE SIDE SETBACK. OKAY. UH, SHOULD WE, UH, IS THERE AN ISSUE WITH HOW IT WAS ADVERTISED? NO, THE, YEAH, THE NUMBERS ARE STILL GOOD AND THE, THE LOCATION ON THE SITE PLAN IS STILL GOOD. IT'S JUST BECAUSE IT'S GONNA BE ADDRESSED OFF OF A DIFFERENT STREET THEN IT JUST CHANGES THE LOCATION. BUT EVERYTHING ELSE IS STILL THE SAME. ALRIGHT. IS THERE ANY VOICEMAILS, ANYONE SIGNED UP? NO PUBLIC COMMENT. ALRIGHT. AND I HAVE ONE MORE QUESTION. SO WITH REGARD AND CITY CAN ANSWER THIS QUESTION. SO WITH REGARDS TO, UM, THE CURRENT, UM, BARRIER THAT IS PUT IN PLACE THERE ON BRON ROAD, SO, SO THIS, WHEN, WHEN ONE OF THOSE EXISTS, I GUESS THE POSITION IS THAT THAT CAN'T BE REMOVED BY A BUSINESS COMING IN TO ADJUST FOR IT OR, YOU KNOW, JUST TRYING TO UNDERSTAND, YOU KNOW, SO HIS, HIS POSITION WAS THAT THERE'S ONE THERE AND HE'S HAVING MOVED THE DRIVEWAY NOW OFF TO THE, THE SIDE STREET VERSUS OFF OF, UH, UM, THE MAIN STREET. SO JUST TRYING TO VALIDATE I GUESS THAT, THAT POSITION. WELL, I, I'M GONNA JUST ADD SOMETHING TO THE DISCUSSION. SO BECAUSE, UH, BRON ROAD IS, UM, INTENDED TO BE AN ARTERIAL 86 FEET, UH, THEY'RE NOT SUPPOSED TO HAVE A DRIVEWAY WITHIN 125 FEET OF THE CORNER PIN. SO THEY, YEAH, THEY REALLY COULDN'T HAVE A DRIVEWAY THERE UNLESS THEY GOT A, SO FOR SAFETY PURPOSES I SHOULD HAVE IT, UH, WHERE THEY HAVE IT AND THEN WITH THE GUARDRAIL AND EVERYTHING, IT'S RIGHT. UM, ANY OTHER QUESTIONS? HEARING NONE. ALRIGHT, UM, HAVE A MOTION. COMMISSIONER ZUNA, REGARDING CASE NUMBER BO EIGHT DASH 25 DASH 1 0 3 0 0 22. I MOVE AT THE BOARD OF ADJUSTMENT CORRECT REQUEST FOR A 15 FOOT VARIANCE FOR THE MINIMUM 30 FOOT REAR SETBACK TO ALLOW 15 FOOT REAR, UH, REAR SETBACK SITUATED AT 9 7 6 0 RON ROAD. APPLICANT BEING SOUTH TOWN ENGINEERING AND CONSULTING LLC, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACT THAT WE DETERMINED SHOW THAT THE PHYSICAL CARE OF THIS PROPERTY IS SUCH THE LITERAL ENFORCEMENT PROVISIONS AND THE UDC HAS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIPS. SIMPLY FIND THAT ONE. THE VARIANCE IS NOT CONTRACT FOR PUBLIC INTEREST. PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY AND WELFARE. MR. OZUNA, WE CAN'T REALLY HEAR YOU. YEAH. OKAY. THE PUBLIC INTEREST, UH, DO YOU WANT ME TO START OVER OR CAN I PICK IT UP AT THE VARIANCE? YES, PLEASE. OKAY. ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST [00:40:01] IS DEFINED AS A GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY ADHERING TO THE SETBACK REQUIREMENTS TO PROVIDE ADEQUATE SPACING BETWEEN PROPERTIES. THE SIDE SETBACK VARIANCES ARE NOT, UH, THE REAR SETBACK VARIANCE IS NOT CONTRACTED PUBLIC INTEREST AS SUFFICIENT SPACE WILL REMAIN FOR ADEQUATE SPACING BETWEEN RESIDENTIAL AND COMMERCIAL USES, FLANK BY A LARGE RESIDENTIAL LOT TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE REAR SETBACK ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS AN APPLICANT WOULD BE UNABLE TO DEVELOP THE LOT FOR A SUITABLE COMMERCIAL USE, ADHERING TO THE SETBACKS AS PRESCRIBED DUE TO THE IR DUE TO THE IRREGULAR AND NARROW SHAPE OF THE LOT. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED REAR SETBACK VARIANCE APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE. A SUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF BUFFERING BETWEEN RESIDENTIAL AND COMMERCIAL USES SUPPORTED BY THE LARGE RESIDENTIAL LOT FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OF THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES UNDER THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE VIA SUCH VARIANCE WITHOUT SUBSTANTIAL INJURY. THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALSO THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THE PROPERTY IS LOCATED. STAFF FINDS THAT THE REAR SETBACK VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTY. A SUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF BUFFERING BETWEEN COMMERCIAL AND RESIDENTIAL USES. AND SIX, APPLY TO THE OWNER OF THE PROPERTY, WHICH THE VARIANCE IS SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE NEEDS CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL OR NOT DUE TO ARE THE RESULT OF GENERAL CONDITIONS TO THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY FOR THE SETBACK. VARIANCE IS REGULAR AND NARROW SHAPE OF THE LOT. END OF MOTION. SECOND. SECOND BY COMMISSIONER STEVENS. COMMISSIONER ZUNA. RIGHT. SO I'M GONNA SUPPORT THE MOTION AS READ. THE APPLICANT PROVIDED A TESTIMONY, UH, REGARDING THEIR, UM, YOU KNOW, CONSTRAINTS OF, OF DEVELOPING ON THE LOT, UH, GIVEN THE, THE SETBACK REQUIRED. UM, YOU KNOW, AND, AND THE GUARD, WEAR GUARD RAILS THAT PROVIDE A CHALLENGE FOR THEM TO GET THAT ENTRANCE, UM, OFF OF BRAUN. AND THEN THE, THE GEOMETRY OF THE SITE REQUIRES THEN THAT THEY HAVE TO PUSH THE SIDE, THE BUILDING OVER, THEY'RE STILL MAINTAINING THAT FIVE, THE 15 FOOT, UM, UH, REAR SETBACK. AND, UM, YOU KNOW, IT, IT, IT PROVIDES A GOOD USE OF THE PROPERTY AND OF SUPPORT OF THE MOTION. ALL RIGHT. THANK YOU COMMISSIONER STEVENS. YEP, I'LL BE IN SUPPORT AS WELL. THERE'S SOME, THIS IS KIND OF A FUNKY SITE WITH THE, THE CONDITION AT THE CORNER AND I THINK THAT THE BUILDING'S APPROPRIATELY SIZED FOR THE SITE, SO TRYING TO TAKE 15 FEET OUT OF THAT WOULD BE INAPPROPRIATE. UM, AND THEN THE FACT THAT YOU'RE MAINTAINING THE LANDSCAPE BUFFER, I APPRECIATE THAT. SO I'LL BE IN SUPPORT COMMISSIONER MADDEN AND SO I'LL BE SUPPORTING IT AS WELL. BUT YOU KNOW, UM, THE, THE PLAT PRESENTED DIDN'T HAVE THE LANDSCAPE BUFFER, UM, LANDSCAPING AS YOU DID ON THE, UH, NORTH AND UM, UM, WEST BOUNDARY, BUT IT SHOULD INCLUDE ON THE SOUTH AND EAST BOUNDARY AS WELL AGAINST THOSE, UM, A BUDDING RESIDENTIAL PROPERTIES. ALRIGHT, ANYONE ELSE? HEARING UNANIM? HAVE A ROLL CALL VOTE. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER STEVEN? YES, I CONCUR. COMMISSIONER BARRINGTON. I I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ. I CONCUR. COMMISSIONER MENA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES. I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER EZ? YES, I CONCUR. COMMISSIONER BROWN, I CONCUR. CHAIR ORIAN. I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. THANK YOU. THANK YOU. APPRECIATE IT. UH, ITEM NUMBER FOUR. READY? YEAH, GOOD AFTERNOON. ITEM NUMBER FOUR IS BOA DASH 25 DASH 1 0 3 0 0 0 24. ADDRESS LOCATED AT FOUR 10 OGDEN STREET. UH, DISTRICT NUMBER ONE APPLICANT IS METHODIST HEALTHCARE SYSTEM OF SAN ANTONIO, L-T-D-L-L-P-A REQUEST FOR AN 11 FOOT VARIANCE FROM THE MINIMUM 15 FOOT SETBACK REQUIRED BY THE US FIVE, EXCUSE ME, UC. FIVE MAIN AVENUE MCCULLOUGH AVENUE URBAN CORRIDOR DISTRICT TO ALLOW FOR A FOUR FOOT SETBACK ALONG EAST LAUREL STREET. THE ZONING IS C TWO WITH A SPECIFIC USE AUTHORIZATION FOR A HOSPITAL. THE SUBJECT PROPERTY IS LOCATED WITHIN THE TOBIN HILL AREA ALONG THE MCCULLOUGH AVENUE CORRIDOR AND SITTING ADJACENT TO THE METHODIST HOSPITAL METROPOLITAN. THE APPLICANT IS SEEKING A VARIANCE FOR THE PROPOSED DEVELOPMENT OF A NEW PARKING GARAGE, WHICH WILL SERVICE THE METHODIST HOSPITAL METROPOLITAN. THE CURRENT C TWO COMMERCIAL DISTRICT DOES NOT REQUIRE SETBACKS UNLESS ABUTTING A RESIDENTIAL USE OR ZONE PER UDC SECTION 35 DASH 3 10 0 1 TABLE THREE 10 DASH ONE. THUS THE APPLICANT IS REQUESTING A FOUR FOOT SIDE SETBACK TO [00:45:01] THE SOUTH. YOU CAN SEE THE, UH, THE REQUEST FOR THE VARIANCE AND THE, THIS IS THE SUBJECT PROPERTY CURRENTLY A PARKING LOT. THIS IS THE, UH, SURROUNDING, EXCUSE ME, THE SUBJECT PROPERTY ONCE MORE AND THE SURROUNDING AREAS. THIS IS THE METROPOLITAN HOSPITAL, UH, ADJACENT TO THE PROPERTY TO THE SOUTHEAST STAFF RECOMMENDS APPROVAL IN BO OA DASH 25 DASH 3 24 BASED ON THE FOLLOWING FINDINGS EFFECT. UNIQUE CIRCUMSTANCES EXIST ON AND NEAR THE PROPERTY, SUCH AS THERRE SHAPED LOT IN THE PROXIMITY OF ADJACENT PROPERTIES TO THE PROPOSED DEVELOPMENTS. DESIGN AND PLACEMENT IS EQUIVALENT TO THE SURROUNDING STRUCTURES LOCATED IN THE IMMEDIATE, IMMEDIATE VICINITY. STAFF MAILED OUT 14 NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION. THE TOBIN HILL COMMUNITY NEIGHBORHOOD ASSOCIATION IS IN FAVOR, NO RESPONSES FROM COMMUNITY ORGANIZATIONS AND, UH, APPLICANT IS HERE AS WELL. ALL RIGHT, LET'S HAVE THE APPLICANT COME FORWARD RIGHT THERE. COOL. THANK YOU VERY. IF YOU CAN STATE YOUR NAME, TELL US ABOUT YOUR PROJECT. YES. SO, UH, CHAIRMAN, UH, MEMBERS OF THE BOARD, UH, FOR THE RECORD, MY NAME IS TREY JACOBSON. I'M WITH MOMENTUM ADVISORY SERVICES HERE IN SAN ANTONIO. I'M REPRESENTING METHODIST HEALTHCARE SYSTEM. UM, HOW ARE WE ADVANCING THAT WAY? OKAY, THANK YOU. YEAH, SORRY. WE'RE ON POWERPOINT OR IN PDF TODAY. SO METROPOLITAN, UH, HOSPITAL OF COURSE, AS MANY OF YOU KNOW, IS LOCATED DOWNTOWN. UH, THE METHODIST HEALTHCARE SYSTEM AND ITS PARTNERS ARE LOOKING AT A MAJOR EXPANSION OF SOME OF THE CAMPUS. UH, THE AREAS INDICATED IN RED, WHICH ARE CURRENTLY PARKING, LARGELY PARKING LOT FACILITIES ARE SLATED FOR FUTURE DEVELOPMENT. THE ONE ON THE NORTH IS REALLY THE ONE THAT WE'RE LOOKING AT. UH, FOR, UH, FOR THIS PARTICULAR CASE, THIS IS A SITE ARIEL, I JUST WANNA POINT OUT, UH, YOU KNOW, IT'S, IT'S RIGHT ON MCCULLOUGH, WHICH IS THE SUBJECT TO THE OVERLAY DISTRICT, WHICH IS WHAT FROM WHICH WE'RE LOOKING FOR RELIEF FROM. ON THIS PARTICULAR CASE, I WANT TO HIGHLIGHT THE ARMADILLOS RESTAURANT ON THE CORNER. MANY OF YOU HAVE PROBABLY EATEN THERE, BUT THAT'S PART OF THIS CASE. AND, AND I'M, THAT'S WHY I'M BRINGING IT UP AT THIS POINT. SO AGAIN, WE'RE LOOKING AT A 900 CAR GARAGE, SIX LEVELS. UH, HERE WHAT WE'RE REALLY CONTEMPLATING IS A COUPLE THINGS IS TRYING THROUGH THIS CASE IS TRYING TO CREATE A BUFFER AGAINST THE ARMAD SITE. UH, I'LL SHOW YOU SOME PHOTOS HERE IN A SECOND. THROUGHOUT THE WHOLE THING THOUGH, WE'RE MEETING THE OVERALL INTENT OF THE, OF THE, UH, OVERLAY DISTRICT AND WE'RE ENHANCING THE LANDSCAPING AND THE KIND OF THE OVERALL APPEARANCE. SO, UM, SORRY, THIS IS TAKING A SECOND. SO THE, IF YOU'RE NOT FAMILIAR WITH THIS PARTICULAR OVERLAY DISTRICT, IT REQUIRES A COUPLE THINGS. ONE OF IT REQUIRES IS A 20 FOOT SETBACK, EVEN THOUGH IN C TWO IT'S NOT, THERE IS NO SETBACK REQUIRED AT THIS LOCATION. 20 FOOT LANDSCAPE SETBACK OFF OF MCCULLOUGH, WE INTEND TO MEET THAT AN ENHANCED, UH, OVERALL APPEARANCE TO THE, UH, IN PUBLIC REALM THERE. UH, IT ALSO REQUIRES, AND I'LL SHOW YOU A DIFFERENT EXHIBIT IN A SECOND, WHICH IT CREATES A 15 FOOT SI, UH, SETBACK ON LAUREL STREET, UH, FOR THE FIRST 150 FEET OFF OF MCCULLOUGH. THAT IS WHAT WE'RE ACTUALLY LOOKING AT GETTING SOME RELIEF FROM. EVEN ON OGDEN STREET THOUGH, WE'RE CREATING A LANDSCAPE SETBACK OFF OF THAT PARTICULAR STREET. BUT WHERE THE ARMADILLO SITE IS, AGAIN, THERE'S, THERE'S NO SITES SET BACK TO THAT OTHER THAN KIND OF FIRE CODE. WE'RE LOOKING AT CREATING A BUFFER AREA FROM THE ARMADILLOS AND I'LL SHOW YOU WHY. SO THIS IS WHAT THE ARMADILLOS PROPERTY LOOKS LIKE. IF YOU'RE JUST LOOKING AT HEAD ON FROM MCCULLOUGH, JUST GONNA LOOK AT IT FROM THE SIDE. IT IS RIGHT UP, I MEAN, TO ALMOST TO THE PROPERTY LINE. AND IF WE BUILT ALL THE WAY THERE, WE WOULD BE LOOMING, WOULD BE AN EXAGGERATION, WOULD NOT BE AN EXAGGERATION ON THE SIDE. AND THEN ALSO, I MEAN, THERE'S SOME DELICACIES AROUND CONSTRUCTION OF THAT, BUT WE REALLY WANTED TO CREATE A 15 FOOT BUFFER FROM THE ADJOINING PROPERTY OWNER, WHICH AGAIN, WE DO NOT CONTROL THAT PARTICULAR SITE, SO WE'RE LOOKING FOR A DESIRED BUFFER. THIS EXHIBIT ACTUALLY KINDA GIVES YOU A BETTER, UH, SET, UH, SENSE OF WHAT THE UC FIVE SETBACKS LOOK LIKE AROUND THE BLOCK. AND THIS IS TRUE UP AND DOWN THE CORRIDOR. WE'RE LOOKING REALLY TO KIND OF GET A FIVE FOOT SETBACK ON THE FRONT, BUT THERE'S SOME IN ELEMENTS OF THE BUILDING, WHICH ENCROACH, WHICH WE'RE LOOKING AT DOING A FOUR FOOT SETBACK, UH, FROM ON THE EAST LAUREL PORTION ONLY. SO THIS IS, UH, A RENDERING OF THE, UH, GARAGE ITSELF. YOU KNOW WHAT, UH, CHAIRMAN, IF YOU'LL ALLOW ME, I FAILED TO MENTION THE GARAGE IS ACTUALLY TO BE BUILT IN TWO PHASES. SO WE'RE, WE'RE DOING A FIRST PHASE, WHAT WE'RE LOOKING AT NOW, AND AS WE DO FURTHER DEVELOPMENT AND START TAKING OUT OTHER PARKING LOTS FOR OTHER DEVELOPMENT, WE'RE ADDING A DIFFERENT, AN ADDITIONAL, UH, BAY OF PARKING. SO WHAT'S IN GRAY ON THE SCREEN IS THE FIRST PHASE AND THE YELLOW IS THE SECOND PHASE. SO THIS IS PART OF KIND OF [00:50:01] A LONGER TERM PLAN FOR HOW WE ULTIMATELY DESIGN AND BUILD THIS GARAGE WITH THE, WITH THE, UH, WITH THE GARAGE. SO THAT'S, THAT'S WHY WE'RE HERE IS LOOKING AT KIND OF THE LONG TERM BUILD OUT OF THAT SITE. BUT THIS IS THE FIRST PHASE OF THE CONSTRUCTION. UM, AND THIS IS THE DESIGN OF IT. AND THEN THIS IS KIND OF, THIS IS WHAT YOU WOULD LOOK LIKE, THIS WOULD BE MCCULLOUGH IN FRONT OF YOU AND KIND OF WHAT IS REPRESENTED IS ARMADILLOS IS ON THE RIGHT AND WE'VE ADDED IN HERE A BUFFER AREA TO THEIR ADJOINING PROPERTY. AND THAT REALLY IS THE ESSENCE OF THE REQUEST IS, YOU KNOW, UH, FOR THAT, I MEAN, I WOULD JUST SAY OVERALL OR INTENDING TO MEET THE SPIRIT OF THE UC FIVE SETBACK, THE CORRIDOR, IT DOES NOT IMPACT ANY OTHER PROPERTIES IN THE AREA. IN FACT, I WOULD SAY IT'S REALLY CONSISTENT. THE RESULTING PROPERTY IS CONSISTENT WITH THE OVERALL CHARACTER OF THE NEIGHBORHOOD AND WE REQUEST YOUR SUPPORT AND APPRECIATE YOUR CONSIDERATION TODAY. ALRIGHT. UM, WELL WE JUST SO YOU KNOW, YOUR APPLICATION WAS ASKING FOR AN 11 FOOT, UH, VARIANCE, BUT YOU'RE SAYING YOU ONLY NEED, I'M SORRY, 10 FOOT. IT'S A 11 FOOT TO GET TO FOUR FEET. YES. WELL, YOU NEED AN 11 FOOT TO GET TO FOUR FOR A PARTICULAR BUILDING ELEMENT THAT ENCROACHES. SO WE'RE LOOKING FOR A, OKAY, JUST WANTED TO MAKE SURE. THANK YOU FOR ASKING. AND THEN, AND THEN SOMETIMES THIS BOARD, UH, WILL, WILL, SOME, WILL, WILL, UH, MAKE A MOTION FOR WHAT THE APPLICANT NEEDS IS WHAT I WAS GOING RIGHT. ARE YOU SAYING THAT YOU DON'T NEED ANY SETBACK RELIEF, UH, WITHIN 150 FEET OF MCCULLOUGH? NO, THIS, THE SETBACK IS, LET ME CLARIFY. WE NEED, WE'RE LOOKING FOR ON, WE DON'T NEED ANY RELIEF FROM MCCULLOUGH. NO, I MEAN 150 FEET FROM FROM MCCULLOUGH IS WHERE YOU YEAH, FROM THE A HUNDRED. SO ON THE EAST LAUREL, WHICH IS THE STREET TO THE LEFT ON THIS PARTICULAR EXHIBIT, WE'RE LOOKING TO GO, WE'RE LOOKING TO GO TO A REDUCTION FROM 15 FOOT SETBACK ON LAUREL STREET TO FOUR FOOT SETBACK. UH, THAT, THAT DOES NOT, THAT CAN STOP 150 FEET AWAY FROM THE MCCULLOUGH RIDEWAY. YES, THAT'S RIGHT. I'M JUST CURIOUS THAT THAT'S THE WAY THE SETBACK IS SET UP. SO WE'RE LOOKING FOR ONLY THAT RELIEF FROM THE SETBACK. SO, SO IF SOMEONE MADE A MOTION, UH, TO GIVE YOU AN 11 FOOT VARIANCE UP INTO 150 FEET FROM THE MCCULLOUGH AVENUE RIGHT OF WAY, THAT WOULD STILL BE SUFFICIENT FOR YOU? YES. YES SIR. IN FACT, THAT IS THE, THE DISTANCE OF THE OVERLAY BY THE CODES, THAT WOULD BE CONSISTENT WITH OUR REQUEST. OKAY, THANK YOU MADAM COMMISSIONER. MAY SO, SO I'VE BEEN TO THIS BUILDING A COUPLE TIMES. UH, AND SO, SO THAT PARKING LOT DOES GET FULL AND YOU UM, YOU TAKE YOUR LIFE IN YOUR HANDS TRYING TO CROSS MCCULLOUGH THERE AND SO YOU PUT MORE PEOPLE THERE. SO, AND I NOTICED YOUR RENDITION DIDN'T HAVE ANY BRIDGING OR ANYTHING GOING ACROSS. AND SO, SO YOU KNOW, IF WE ADD MORE PEOPLE, WHAT, WHAT IS I GUESS THE VISION FOR ENSURING SAFE PASSAGE, ESPECIALLY FOR PEOPLE IN WHEELCHAIRS? YEAH, THAT'S WHAT I DEAL WITH. THANK, THANK YOU FOR YOUR QUESTION. I DON'T THINK I HAVE A GOOD EXHIBIT. WELL, LEMME JUST START WITH THIS. SO AT THAT INTERSECTION AT EAST LAUREL, NOW THERE IS ACTUALLY A, UM, PARDON? THERE IS A, UM, NOW A CROSSWALK A WITH A WHAT'S KNOWN AS A HAWK BEACON LIGHT SIGNAL THAT'S TRIGGERED AS PEOPLE WALK ACROSS TO ACTUALLY STOP TRAFFIC. UH, IT, IT IS NOT, IT HASN'T BEEN THERE HISTORICALLY, BUT THEY PUT IT IN, IN THE MOST RECENT YEARS TO ALLOW FOR THAT TRAFFIC TO OCCUR. SO WE WE'RE NOT, WE DON'T, THERE ISN'T REALLY A STRUCTURAL WAY, I THINK TO BRIDGE TO THE ADJOINING, UH, MEDICAL OFFICE BUILDING THAT WOULD ALLOW ENTRY. SO IT'S, IT, IT'D HAVE TO BE ON THE SURFACE, BUT WE'RE USING KIND OF A HAWK BEACON, WHICH IS IN PLACE NOW, HAWK BEACON, UH, TRAFFIC COM, UH, SYSTEM FOR, YEAH. YEAH, IT'S TAKING YOUR LIFE IN YOUR OWN HANDS THERE, UH, BECAUSE IT'S, YOU KNOW, THOSE ARE KINDA STRANGE WALKS. SO, SO, BUT UM, OKAY. THANK YOU. YEAH, I, I WOULD SAY THAT WE ARE STILL IN WITH TRAFFIC REVIEW ON THIS TO THE EXTENT THAT TRAFFIC DICTATES OR THINKS THE SIGNALS WARRANTED, THAT WOULD BE SOMETHING WE'D BE OBLIGATED TO DO IN THE PROCESS. ALRIGHT, ANY OTHER QUESTIONS PER MR. CRUZ? WELL, SINCE YOU'RE GONNA MAKE A PARKING GARAGE, WHERE IS EVERYONE GONNA BE PARKING FOR THE TIME BEING? BECAUSE, AND I KNOW YOU'RE SAYING SIX FLOORS, SO YOU'RE SAYING ABOUT HOW MANY PARKING SPACES, UH, SO ALMOST 900 PARKING SPACES WILL ULTIMATELY BE CONSTRUCTED IN THIS FIRST PHASE. UH, IT IS MY UNDERSTANDING THAT RIGHT NOW, BASED UPON RECENT PARKING STUDIES, THAT EVEN WITH THE PARKING AND THE SURFACE PARKING AND THE STREET PARKING THAT'S IN THE, THE AREA NOW THAT THE HOSPITAL COMPLEX IS SHORT, RIGHT NOW, 450 PARKING SPACES. SO THIS IS IN SOME WAYS GETTING US BACK INTO THINGS. WE'RE GONNA TAKE OUT THE PARKING LOT, UH, WHEN THEY DO THAT CONSTRUCTION. SO WHERE THIS IS AN INTENDED TO PROVIDE FOR THE LONG-TERM ADDITIONAL PARKING IN THE AREA AND TO IN SOME WAYS GET PEOPLE OFF THE STREET PARKING, THAT'S AN AREA THE PLAN HAS BEEN, UM, TO PRIORITIZE PATIENT AND GUEST PARKING IN THE SURFACE, LOTS [00:55:01] THAT REMAIN FOR METHODIST. AND TO THE EXTENT THAT THEIR EMPLOYEES, UH, OR STAFF MEMBERS, UH, NURSES AND THE, AND THE LIKE THAT WORK AT THE HOSPITAL, THAT THEY, WE WILL END UP HAVING TO DO SOME TEMPORARY, UH, PARKING RENTALS AND BUSING. SO WE WILL END UP HAVING BUSING EMPLOYEES IN WHAT WORKS FOR THAT IS USUALLY EMPLOYEES COME IN AT ONE TIME FOR A SHIFT AND THEN THEY LEAVE LATER ON FOR A SHIFT. SO WE CAN WORK BUSING ARRANGEMENTS BETTER FOR THE EMPLOYEES AT A DISTANT OF REMOTE PARKING LOT AND THAT WOULD BE IN PLACE DURING THE CONSTRUCTION PERIOD FOR THIS. SO. OKAY. THANK YOU. THANK YOU MANNA COMMISSIONER MANNA. SO FOLLOW UP ON HER, YOU KNOW, HER DIALOGUE. SO, SO I KNOW THAT THERE'S A BUILDING BEHIND IT, WHICH IS THE PARKING LOT ALSO FOR, OR PARKING GARAGE FOR THIS FACILITY. UM, ON, ON THE OTHER SIDE. 'CAUSE WE PARKED IN, I GUESS IN THAT BUILDING ON OCCASION. UM, BUT IT WAS FULL ON OCCASION. SO, SO MY, SO TO ADDRESS THE HANDICAP MAYBE DURING THIS PERIOD MM-HMM . IS OFFER ADDITIONAL HANDICAP PARKING IN THAT BUILDING SO THAT PEOPLE ARE, ARE ABLE TO PARK CLOSER TO. THANK YOU. I'LL PASS, CERTAINLY PASS THAT ALONG FOR, SO, ALL RIGHT, IF THERE'S NO OTHER QUESTIONS, NO ONE'S TIME TO SPEAK. NO VOICEMAILS, UH, NO PUBLIC COMMENT. ALL RIGHT. UM, LOOKING FOR A MOTION. MANA, MR. MANA, REGARDING CASE NUMBER BO 8 2 5 1 0 3 0 0 0 2 4. I MOVED THE BOARD OF ADJUSTMENT GRANTOR REQUEST FOR A 11 FOOT VARIANCE FROM THE MINIMUM 15 FOOT SETBACK FOR THE FIRST 150 FOOT, UM, ALONG, UH, I GUESS FROM THE FRONTAGE FROM MCCULLOUGH, UM, REQUIRED FOR THE UC DASH FIVE OH RELAY TO ALLOW FOR A FOUR FOOT SETBACK ALONG EAST LAUREL STREET, SITUATED AT FOUR 10 OGDEN STREET, APPLICANT BEING METHODIST HEALTHCARE SYSTEM OF SAN ANTONIO, LTD. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER THIS PROPERTY IS SUCH THAT THE LIBERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH'S SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY MINIMUM SETBACK REQUIREMENTS ALONG A CORRIDOR. STAFF FINDS THE REDUCED SETBACKS TO BE CONSISTENT WITH OTHER STRUCTURES ALONG THE CORRIDOR IN THE IMMEDIATE VICINITY AND NOT OUT OF CHARACTER FOR THE URBAN CORRIDOR DISTRICT DUE TO, UH, TO DUE TO SPECIAL CONDITIONS ARE LAW ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF FOUND SPECIAL CONDITIONS EXISTING IN THE PROPERTY AS LIMITED SPACE DEVELOPMENT SPACE IS AVAILABLE FOR CONSTRUCTING A PARKING GARAGE IN A CONFIGURATION THAT MINIMIZES DISRUPTION TO THE CORRIDOR. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE REQUEST APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE AS THE VARIANCE WILL LEAVE SUFFICIENT SPACE IN THE SIDE, UH, YARD FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH IS VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED. UH, IF GRANTED, THE URBAN CORRIDOR SETBACK VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTIES. REDUCE SETBACKS EXIST IN THE IMMEDIATE AREA ALONG THIS CORRIDOR. OVERLAY SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE 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 AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES, UM, EXIST ON AND NEAR THE PROPERTIES SUCH AS IRREGULAR SHAPED LOTS, AND THE PROXIMITY OF ADJACENT PROPERTIES AND OF MOTION. SECOND. SECOND. CAN I MAKE A QUICK CLARIFICATION? YES. UM, JUST SO SIR, ARE YOU SAYING THAT YOU ONLY NEED THE VARIANCE IN THE FIRST 150 FEET? IS THAT WHAT YOU'RE SAYING? THE U THE THE ANSWER IS YES, BECAUSE THE UC FIVE CORRIDOR OVERLAY ONLY APPLIES TO THE FIRST 150 FEET ON COLLECTOR ROADS OFF OF THE CORRIDOR. SO THAT'S, WE'RE LOOKING FOR RELIEF FROM THAT SIDE. STREET ONLY DOES NOT IMPACT THE MCCULLOUGH SETBACK, WHICH WE WILL COMPLY WITH. SO THE OVERLAY IS 200 FEET FROM MCCULLOUGH ROAD, UM, AFTER THAT 200 FEET, IT DOESN'T EXIST, SO IT DOESN'T NEED TO BE CLARIFIED ANY FURTHER THAN THAT. UM, I THINK TO, JUST TO MAKE SURE THERE'S NO PERMIT ISSUES, IF WE CAN ELIMINATE THAT PART OF THE FIRST 150 FEET, UM, BECAUSE IT'S, IT'S, HE'S GONNA HAVE ISSUES WITHIN THAT NEXT 50 FEET FOR NO REASON. COULD YOU REFERENCE SO, SO IF, IF I UNDERSTOOD CORRECTLY, UM, REALLY, UM, FOR THE 200 FEET, BEYOND THE 200 FEET, HE'S ABLE TO, UH, UTILIZE IT ANYWAYS. SO REALLY, UM, SO, SO I'LL STRIKE, UH, THE DIALOGUE WITH REGARDS TO, UM, THE NUMBER OF FEET, UH, FROM MCCULLOUGH FROM MY MOTION AS READ. THANK YOU. IS THAT FOUND ACCEPTABLE, COMMISSIONER ZU? YEAH. AND FURTHER, COULD WE JUST SUBMIT THE SITE PLAN [01:00:01] AS, AS A RECORD ALSO AS PART OF THE YES, SIR. YEAH. AGREED. OKAY. COMMISSIONER MANNA. UM, YEAH, SO, YOU KNOW, I, UM, THERE WAS A COUPLE POINTS BROUGHT UP WITH REGARDS TO THE, YOU KNOW, THE PARKING NOT BEING THERE. UH, AND, AND SO THIS IS A, A GOOD LONG TERM SOLUTION. YOU KNOW, THE, THEY WILL NEED TO DO A, A REALLY GOOD JOB OF MAKING SURE THE SHORT TERM THAT'S RESOLVED, AND ESPECIALLY FOR PEOPLE THAT, THAT HAVE HANDICAP UH, MOBILITY CHALLENGES. UM, AND THEN, UM, YOU KNOW, BEING THAT, UM, TOBIN HILL IS FOR THIS, YOU KNOW, THAT'S GREAT THAT, THAT YOU REACHED OUT TO THEM AND, YOU KNOW, I, I REGULARLY VOTE WITH THE, UM, NEIGHBORHOODS THAT REPRESENT THESE AREAS. SO I'LL BE VOTING IN FAVOR. THANK YOU. COMMISSIONER ZUMA. RIGHT? I'LL BE SUPPORTING THE MOTION. UH, THE NEIGHBORHOOD IS IN SUPPORT OF IT. IN ADDITIONAL, ADDITIONALLY, THE APPLICANT IS PROVIDING THE BUFFERS, UM, WELL OVER WHAT THEY NEED FOR, UH, AGAINST THAT, UH, RESTAURANT ARMADILLO. UH, SO THEY WENT OVER AND ABOVE WHAT WAS REQUIRED TO PROVIDE THAT ADDITIONAL BUFFERING THAT, UH, THAT WOULD, WOULD KIND OF SEPARATE THE USES. SO, UM, ALL THAT IN ADDITION TO, YOU KNOW, PROVIDING NECESSARY PARKING FOR THE GROWTH OF EXPANSION OF, OF A NEEDED, UM, YOU KNOW, SERVICE WITH THE METHODIST HEALTHCARE SYSTEMS IN SAN ANTONIO. ALL THAT, UH, GOES TO SUPPORT, UH, THEIR, THEIR, THEIR MISSION HERE IN SAN ANTONIO. SO I SUPPORT IT. THANK YOU. ANY OTHER COMMISSIONS YOU'D LIKE TO ADD? UH, I JUST WANNA SAY I'LL ALSO BE IN SUPPORT. UH, WHAT, WHAT A BIG WINNER FOR ME IS THAT THE OVERHEAD THREE PHASE ELECTRIC STOPS, AND IT DOESN'T CONTINUE DOWN LAUREL. SO IT DOESN'T SEEM TO BE ANY CONFLICT WITH, UH, UTILITY SERVICE. SO LET'S HAVE A ROLL CALL VOTE PLEASE. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER OZUNA. I, I CONCUR. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER BENAVIDEZ? I CONCUR. COMMISSIONER VASQUEZ. ONE MORE TIME, SIR. I, I CONCUR. ALRIGHT. COMMISSIONER EZ? YES, I CONCUR. COMMISSIONER BROWN, I CONCUR. CHAIR ORIAN AND I CONCUR THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. ALL RIGHT, NEXT ITEM ITEM FIVE. GOOD AFTERNOON. MY NAME IS JUAN ALVAREZ, PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER FIVE IS REQUESTED BY FRANK APT AND IS REQUESTING FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE LOCATED AT 30 19 QUAKERTOWN DRIVE. THE SUBJECT PROPERTY IS LOCATED AT 30 19 QUAKERTOWN DRIVE. SURROUNDING USES INCLUDE RESIDENTIAL SINGLE FAMILY. THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE. ONE TYPE TWO SHORT-TERM RENTAL PERMIT HAS ALREADY BEEN APPROVED BY RIGHT ON THE BLOCK AND PER THE CITY CODE. TYPE TWO SHORT-TERM RENTAL SHALL BE LIMITED TO NO MORE THAN ONE EIGHTH OR 12.5% OF THE TOTAL NUMBER OF SINGLE FAMILY DUPLEX, TRIPLEX, OR QUADPLEX UNITS. ON THE BLOCK FACE, THERE IS A TOTAL OF 14 UNITS ON THE BLOCK FACE. ONE ACTIVE TYPE TWO IS ALREADY ON THE BLOCK FACE BEING 30 51 QUAKERTOWN DRIVE ISSUED ON FEBRUARY 10TH, 2022. THE BLOCK FACE IS CURRENTLY AT 7% AND IF A SECOND TYPE TWO IS APPROVED, THE BLOCK FACE WILL BE AT 15%. THIS EXCEEDS THE 12.5 DENSITY LIMITATION FOR TYPE TWO ST. THE PROPERTY HAS NO CODE ENFORCEMENT HISTORY OR ACTIVE LISTINGS. THIS IS THE SIDE PLAN OF THE PROPERTY SUBMITTED AT THE TIME OF APPLICATION. THIS IS THE SUBJECT PROPERTY AND THE NEXT FEW SLIDES ARE THE NEIGHBORING PROPERTIES AND SURROUNDING AREAS. STAFF RECOMMENDS DENIAL OF THE APPLICANT'S REQUEST FOR SPECIAL EXCEPTION, AND THERE WERE A TOTAL OF 34 MALE NOTICES. TWO IN FAVOR FOR AN OPPOSITION. NO RESPONSE FROM THE SAN ANTONIO DISTRICT ONE RESIDENT ASSOCIATION AND THREE CITYWIDE GROUPS ARE NOTIFIED WITH NO RESPONSE. THIS CONCLUDES STAFF PRESENTATION. APPLICANT IS HERE TO ANSWER ANY QUESTIONS. ALL RIGHT, THANK YOU VERY MUCH. THANK YOU. THE APPLICANT COME FORWARD. HI. IF YOU COULD PLEASE STATE YOUR NAME, TELL US ABOUT YOUR PROJECT. YES, SO MY NAME IS FRANK GAT. UH, FIRST OF ALL, THANK YOU MEMBERS OF THE BOARD FOR TAKING YOUR TIME TO MEET WITH ME AND, UH, HEARING MY SIDE OF THE STORY. UM, I UNDERSTAND THAT THE, UH, BLOCK FACE DENSITY WILL INCREASE TO 15%. UM, AND I SAW THE SLIDE WHERE THERE WAS A DENIAL, BUT, UM, I ACTUALLY TALKED TO HIM LAST NIGHT AND HE FLIPPED HIS VOTE TO BEING IN FAVOR. UM, THAT WAS AT 30 10, [01:05:01] UH, CLEARFIELD. UM, SO MANY OF THE NEIGHBORS WHEN I TALKED TO THEM, THEIR CONCERNS WERE ABOUT NOISE, WHICH I UNDERSTAND. UM, AND KEEPING THE PEACE AND INTEGRITY OF THE NEIGHBORHOOD IS MY GOAL FOR SURE. UM, I WORK DIRECTLY WITH A COUPLE OF AIRBNB MENTORS NOW, AND THEY HAVE STUDENTS, STUDENTS WITH AIRBNBS IN SAN ANTONIO NOW. UM, SO THEY, THEY TAUGHT ME EVERYTHING, ALL THE IN AND OUTS OF THE CITY RULES, AND THEN I'LL MAKE SURE THAT THEY COMPLY. UM, I ALSO HAVE A COUPLE DEVICES THAT WILL, UH, NEGATE ANY PARTIES OR ANY LIKE BAD, UH, GUESTS. FIRST OF ALL, WE DO, WE USE TRU V SCREENING, SO WE MAKE SURE THAT THE GUESTS HAVE POSITIVE REVIEWS FROM FROM PAST HOSTS. UM, WE MAKE SURE THAT THEIR AGE IS OVER 21. THERE'S NO UNDER 18 PARTIES GOING ON. UM, I ALSO INSTALLED TWO SOUND MONITORS, ONE INSIDE THE HOUSE AND ONE OUTSIDE THE HOUSE. THESE SOUND MONITORS, THEY DON'T RECORD CONVERSATION. ALLS THEY DO IS THEY RECORD DECIBEL LEVELS AND, UH, IF IT'S LIKE QUIET HOURS AND THE DECIBEL LEVELS ARE OVER THE LIMIT, I IMMEDIATELY GET NOTIFIED SO I CAN TALK TO THE GUESTS AND MAKE SURE THAT THEY QUIET DOWN AND RESPECT THE NEIGHBORS. UM, I ALSO EMPLOY A MEMBER OF THE NEIGHBORHOOD NOW. HE'S MY POOL AND LAWN SERVICE. UM, AND HE TOLD ME LIKE IF THERE'S EVER EVER AN ISSUE, HE CAN WALK OVER AND ASK THE PEOPLE TO QUIET DOWN. UM, I ALSO INSTALLED SECURITY CAMERAS IN THE DRIVEWAY. THIS WHEN GUESTS CHECK IN AND THEY SAY, I HAVE 10 GUESTS, I WILL MAKE SURE THAT THEY DON'T HAVE 15 GUESTS OR ANY PARTIES ARE GOING ON. SO I DO HAVE SOME THINGS TO PREVENT ANY PARTIES, PREVENT ANY NOISE AFTER HOURS AND, UM, I'LL MAKE SURE THAT THE PEACE AND INTEGRITY OF THE NEIGHBORHOOD IS HELD. OKAY. UH, AND YOU HAD MENTIONED THAT YOU HAD AN AIRBNB MENTOR. IS THIS YOUR FIRST, UM, UM, TRY AT AN SDR? YES, IT IS. OKAY. SO YOU IS, AND YOU'RE NOT CURRENTLY OPERATING IT AS ONE RIGHT NOW? NO, I'M NOT. I'M JUST, SO, I'VE DONE A LOT OF WORK TO THE HOUSE. I'VE FURNISHED THE ENTIRE HOUSE. UM, THE ELECTRICAL PANELS, THEY WERE VERY UNDERPOWERED AND I'M, I'M BRINGING THEM UP TO THE CURRENT CITY STANDARDS AS WELL AS THE A CN FURNACE. UM, THEY'RE USING LIKE OLD R 22, UH, FON AND I KNOW THAT IT'S NOW REQUIRED TO BE R 32. SO I'M, I'M GONNA UPGRADE THE, UM, THE FURNACE. UM, AND LIKE I SAID, I'VE, I FURNISHED THE ENTIRE HOUSE, SO I PUT A LOT OF MONEY INTO IT ALREADY. AND, UM, I JUST, I THINK IT'S A, A GREAT LOCATION. LIKE I SAID IN MY POWERPOINT, THIS LOCATION IS, IT'S LIKE 20 MINUTES FROM EVERY MAJOR ATTRACTION IN SAN ANTONIO. YOU'VE GOT LIKE THE ZOO, UH, SEA WORLD, SIX FLAGS. IT'S CENTRALLY LOCATED TO EVERYTHING. SO IT'S JUST SUCH A GOOD LOCATION. AND, UM, IF YOU LOOK AT THE DENSITY, I, IF YOU CAN FLIP THROUGH MY POWERPOINT, UM, YOU CAN, YEAH, HERE, IF YOU SEE LIKE MY HOUSE IS THE, THE BLACK TOGGLE THERE, THERE'S LIKE NO OTHER STR WITHIN THAT GEOGRAPHICAL AREA. SO I THINK LIKE MY STR WILL NOT CREATE A PUBLIC NUISANCE IN ANYWAY. UM, YEAH, THE DENSITY OVER THERE IS, IT'S NOT TOO MUCH, NOT TOO MANY HOUSES OVER IN THAT AREA. ALRIGHT, WELL LET'S SEE IF WE HAVE ANY COMMISSIONER QUESTIONS FOR YOU. ANY COMMISSIONER QUESTIONS? COMMISSIONER MANNA? SO, SO, UM, LET'S SEE. FIRST QUESTION IS HAVE YOU ATTEMPTED TO DO ANY LONG-TERM RENTALS, UM, YOU KNOW, ON THIS PROPERTY? UM, HAVE YOU PURSUED THOSE, THOSE AVENUES AT ALL? IF, IF THIS DOESN'T WORK OUT, I WILL DEFINITELY PURSUE LONG-TERM. AND, UM, I DIDN'T WANT TO MENTION THIS, BUT THE REASON WHY I'M NOT DOING SHORT, UH, TYPE ONE IS 'CAUSE I TAKE CARE OF MY FATHER RIGHT NOW. HE HAS CURRENTLY HAS LEUKEMIA, SO I DON'T HAVE THE ABILITY TO LIVE AT THE RESIDENCE PART-TIME. I'M TAKING CARE OF HIM. SO THE TYPE TWO STR WOULD BE THE MOST BENEFICIAL FOR ME. THERE, THERE ARE, AND THERE ARE OPTIONS I GUESS FOR IF YOU HAVE RENTALS THAT ARE MORE THAN, UH, 30 DAYS, RIGHT? THEN IT KIND OF GOES INTO A DIFFERENT DIALOGUE AND SO, SO NOT, DOESN'T NEED TO COME BEFORE US. AND SO, SO JUST ONE OF THE POINTS. I UNDERSTAND. THANK YOU. ALRIGHT, ANY OTHER QUESTIONS? ALL RIGHT, SAV, IS THERE ANY ONE TIME TO SPEAK ANY VOICEMAILS? UH, ONE VOICEMAIL. ALL RIGHT, LET'S HEAR IT. HELLO, CITY OF SAN ANTONIO STAFF. MY NAME IS ADRIAN CASTANEDA AND I'M CALLING REGARDING THE SHORT TERM RENTAL TYPE TWO PERMIT FOR FRANK AT AT 30 19 QUAKER TOWN DRIVE. I'M REFERENCING CASE NUMBER BOA 25 1 0 3 0 0 1 6 2 1 0 2 6 9 2 6 2. I UNDERSTAND BLOCK THESE RESTRICTION AND I TRULY APPRECIATE THE CITY'S EFFORTS IN MAINTAINING VALID SHORT TERM RENTAL POLICIES. HOWEVER, I WANTED TO REACH OUT BECAUSE FRANK'S SITUATION IS UNIQUE AND I BELIEVE THIS PROPERTY CAN BE A POSITIVE ADDITION TO THE COMMUNITY. FRANK IS NOT JUST A TYPICAL SHORT-TERM RENTAL OWNER. HE IS ON THE PROFESSIONAL MENTORSHIP WITH US, AND WE HAVE SUCCESSFULLY MANAGED OVER 30 AIRBNBS ACROSS THE COUNTRY TO INCLUDE MARKETS IN SAN ANTONIO, PHOENIX, HOUSTON, AND AUSTIN. NEARLY ALL OF THEM RANK IN THE TOP 5% OF THEIR RESPECTIVE MARKETS EARNING GUEST FAVOR, STATUS, AND SUPER HOSTING RECOGNITION DUE TO OUR COMMITMENT TO RESPONSIBILITY HOSTING AND HIGH STANDARD OF PROPERTY MANAGEMENT WITH OUR SOUND MONITORS AND CAMERAS AND OTHER ITEMS THAT WE PUT IN PLACE TO MAKE SURE THAT IT DOESN'T AFFECT THE NEIGHBORHOOD. AND IF IT IS EFFECTIVE, WE COULD DEFINITELY, UH, DEFINITELY REDUCE THE [01:10:01] NOISE AND HAVE THE GUESTS BE REMOVED FOR, UH, VIOLATING THE TERMS WITHIN THE AIRBNB AND THE NEIGHBORHOOD POLICIES. WE ALSO, UH, TAKE AN EXTRA STEP TO BUILD STRONG RELATIONSHIP WITH NEIGHBORS, OFFERING THEM DIRECT COMMUNICATION CHANNELS TO EXPRESS ANY CONCERNS WHETHER IN PERSON, BY PHONE OR THROUGH OTHER MEANS. IN ADDITION, WE'VE IMPLEMENTED INDUSTRY LEADING SAFEGUARDS, INCLUDING NOISE MONITORS, SECURITY CAMERAS, WHICH REPORTS STRICT AS POLICY TO PREVENT DISRUPTION AND INSURE THE PROPERTY REMAINS A BENEFIT TO THE NEIGHBORHOOD. THAT IS THE NUMBER ONE PRIORITY. BEYOND THESE OPERATIONAL MEASURES, THERE'S ALSO A FINANCIAL ADVANTAGE TO CONSIDER. THIS SHORT TERM RENTAL WOULD CONTRIBUTE TO THE CITY'S HOTEL OCCUPANCY COSTS, HELPING FUND FUTURE CITY PROJECTS, TOURISM EFFORTS, AND OTHER INITIATIVE THAT BENEFITS THE BEAUTIFUL CITY OF SAN ANTONIO AS A WHOLE. I COMPLET RESPECT THE CITY REGULATION AND DECISION MAKING PROCESS, BUT I WANTED TO SHARE THIS INFORMATION IN THE HOPE THAT AN EXCEPTION MIGHT BE CONSIDERED IN FRANK'S CASE. IF THERE IS ANY ROOM FOR DISCUSSION, I WOULD LOVE THE OPPORTUNITY TO SPEAK FURTHER AND HIS FOR POTENTIAL SOLUTIONS. PLEASE, SIR, TO CALL ME BACK AT (909) 486-5668. AGAIN, THIS IS, UH, MR. AGENT CASTANERA CALLING ON BEHALF OF FRANK CAL. THANK YOU. ALRIGHT, COMMISSIONER MANNA. SO, SO, UM, COULD YOU TELL ME I GUESS, WHERE THAT PERSON LIVED OR WHAT THEIR ROLE WAS? I, I DIDN'T, I I HAD TROUBLE UNDERSTANDING WHAT HE WAS WAS SAYING, SO, SO DID HE REPRESENT, UH, I GUESS, UM, THE SHORT-TERM RENTAL ORGANIZATION OR WAS HE A RESIDENT? HE WAS, UM, MY AIRBNB, ONE OF MY AIRBNB MENTORS. YEAH. SO HE, SO HE REPRESENTS BASICALLY THE OVERALL PROGRAM OF SHORT-TERM RENTALS? CORRECT. OKAY. I JUST, OKAY. WANNA MAKE SURE, AND FOR AND FOR STAFF, SO YOU SENT OUT 34 NOTICES AND YOU ONLY, YOU GOT ONE IN RESPONSE FOUR? I HAVE A QUESTION. SIX. YEAH, YOU BRING THAT UP AGAIN. OKAY. YEAH, IT WAS TWO IN FAVOR AND FOUR IN OPPOSITION. AND DID YOU HAVE AN OPPORTUNITY TO TALK TO THE FOUR THAT WERE IN OPPOSITION? UH, 30 10 HE DECIDED TO VOTE IN FAVOR, AND 30 11 ALSO DECIDED TO VOTE IN FAVOR. I ALSO RECEIVED THE, LIKE I WALKED AROUND AND, AND INTRODUCED MYSELF AND TOLD THEM MY, MY STORY AND I HAD A LOT OF APPROVALS, BUT THEY MUST HAVE NOT HAVE CALLED IN OR THAT I UNDERSTAND. DID YOU, DID YOU GET ANY RESPONSES, UM, PRIOR TO THE MEETING FROM THOSE, THOSE TWO ADDRESSES THAT THE APPLICANT JUST MENTIONED ABOUT BEING IN SUPPORT? UH, NO FURTHER RESPONSE, ONLY THE ONES THAT WERE MAILED IN. OKAY. I'M SORRY, CAN I SAY SOMETHING? SURE. HE, HE SENT ME A TEXT THIS MORNING AND HE TOLD ME THAT HE'S, UH, LEFT A VOICEMAIL TO JUAN. ALL RIGHT. UM, OKAY. UH, BUT YOU KNOW, UNTIL WE HAVE SOMETHING WITH I UNDERSTAND. OKAY, THANK YOU. HEY, ANY OF THE COMMISSIONER QUESTIONS? WE DID, WE DID RECEIVE A FEW VOICE, A COUPLE OF VOICEMAILS AFTER THE 10 O'CLOCK DEADLINE. I'M NOT SURE IF THAT WAS IT OR NOT, BUT JUST FY OKAY. YES. COMMISSIONER BROWN. I HAVE A QUESTION. I HAVE A QUESTION. YES. HOW MANY SHORT TERM RENTALS ARE THERE IN, IN THE BLOCK? IS THIS, IS THIS REPRESENTATIVE OF WHAT'S IN THE BLOCK NOW WITH THE XS ON IT NOW? THERE AT THE CORNER, THERE'S A, IF YOU LOOK AT WHAT'S ON THE SCREEN NOW, THE BLUE ONE IS A TYPE ONE. SO THE RESIDENT LIVES THERE, AND THEN THE OTHER SINGLE TYPE TWO IS THE ORANGE, THE SECOND HOUSE FROM THE, FROM THE CORNER. AND THEN THIS, UH, APPLICANT WOULD LIKE TO MAKE A SECOND TYPE TWO. AND THEN ACROSS THE STREET THERE'S, IT IS ANOTHER BLOCK, BUT THERE IS ONE, ANOTHER ONE ACROSS THE STREET. SO THERE IS, THERE'S A LOT IN, THERE'S, THAT'S 1, 2, 3, THAT'S ABOUT FOUR IN THE SAME BLOCK. IF, IF I CAN SAY ONE MORE THING, IS THERE FOUR IN THE SAME BLOCK OR WHAT? THERE ARE TWO. THERE ARE ONE TYPE ONE, UH, THERE'S, AND THERE'S TWO TYPE TWOS IF YOU COUNT BOTH SIDES OF THAT STREET. OKAY. SO, SO IN TOTAL, THAT'S THREE OR FOUR? WELL, THERE ARE, WELL, WE ONLY CONSIDER THE TYPE TWOS BECAUSE THE TYPE ONES, THEY CAN HAVE ONE ON EVERY HOUSE. THERE IS NO EXCEPTION TO THAT. OKAY. AND WHERE'S, WHERE'S THE PARKING? ARE YOU PROVIDING PARKING SOMEWHERE ELSE OR WHAT? YEAH, MY DRIVEWAY CAN HOLD UP TO FOUR CARS. SO IF, IF YOU LIKE COMBINE THE 14 ON MY SIDE OF QUAKERTOWN AND THE 13 ON THE OPPOSITE SIDE OF QUAKERTOWN, THE THREE SHORT TERM RENTALS WOULD BE 11% DENSITY. YEAH, WE, BUT WE DON'T DO THAT. I UNDERSTAND. YEAH. UH, YOU KNOW, THE THING IS THAT YOU'RE, YOU'RE, YOU'RE COMING IN WITH SOME OPPOSITION THAT'S DOCUMENTED AND THAT'S, THAT'S SOME OF, THAT'S ALWAYS AN ISSUE, UH, THAT WE ENCOUNTER. SO, UM, UH, ANY OTHER QUESTIONS BEFORE WE MOVE FORWARD? HEARING NONE, UH, LOOKING FOR A MOTION MANANA, COMMISSIONER MANNA, REGARDING CASE NUMBER BO 8 2 5 1 0 3 0 0 0 1 6. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A SPECIAL EXCEPTION TO ALLOW FOR ONE, UM, TYPE TWO SHORT-TERM RENTAL UNIT SITUATED AT 3 0 1 9 QUAKERTOWN DRIVE APPLICANT BEING FRANK APT BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINE SHOW THAT THE PHYSICAL CARE TO THIS PROPERTY SUCH THAT LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY [01:15:01] HARDSHIP, SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH AND SAFETY. THE BOARD FINDS THAT THE REQUEST TO OPERATE ADDITIONAL SHORT TERM RENTAL IS UNLIKELY DUE TO, UH, UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY, OR WELFARE. THERE IS NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY. B, THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE. THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE A PUBLIC NUISANCE WOULD BE CREATED IF AN ADDITIONAL SHORT-TERM RENTAL PERMIT WAS APPROVED. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH APPROPRIATE USE. UM, THE NEIGHBORING PROPERTIES CONSIST OF A SINGLE FAMILY STRUCTURES. THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE THAT IT WILL SUBSTANTIALLY INJURE NEIGHBORING PROPERTIES AS A TYPE TWO SHORT-TERM RENTAL. D, ADEQUATE UTILITIES, ACCESS, ROADS, STORM DRAINAGE, RECREATION, OPEN SPACE, AND UNNECESSARY FACILITIES HAVE BEEN OR ARE BEING PROVIDED. THE SUBJECT PROPERTY PROVIDES OFF STREET PARKING, APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE. E THE APPLICANT OR OWNER OF THE SPECIAL EXCEPTION DOES NOT HAVE ANY PREVIOUS REVOKED SHORT-TERM RENTAL LICENSES. CONFIRMED CITATIONS OR ADJUDICATED OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 12, ARTICLE 22, I'M SORRY, OF THE CITY CODE. WITHIN ONE YEAR PRIOR TO THE DATE OF APPLICATION, THE APPLICANT OR OWNER DOES NOT HAVE PREVIOUSLY REVOKED LICENSES, CONFIRMED CITATIONS OR ADJUDICATED OFFENSES OR CONVICTIONS OF CHAPTER 16 F THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THIS PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO OTHER RESIDENTIAL, OTHER RESIDENCES, UH, WITH THE PROPERTY OWNER PROVIDING OFF STREET PARKING, MAINTAINING IT FROM THE NEIGHBORING PROPERTY. THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION AND OF MOTION. SECOND. SECOND BY COMMISSIONER BENAVIDES. COMMISSIONER MANNA. SO, UM, SO I'M SORRY. SO I'M NOT GONNA BE ABLE TO SUPPORT IT. UM, AND SO FOR A COUPLE REASONS, BUT, UM, ONE IS THAT, YOU KNOW, WE DO GO OUT AND GET THE, UM, THE ADVOCACY OF ALL THE NEIGHBORS, YOU KNOW, AROUND YOU. AND HAVING SOME THAT ARE IN OPPOSITION KIND OF PUTS, PUTS YOU AT A DISADVANTAGE FROM MY PERSPECTIVE, UH, OFF THE BAT. UM, YOU KNOW, YOU PROVIDED SOME GREAT DIALOGUE WITH REGARDS TO THE SOUND MONITORING OTHER THINGS THAT YOU'RE DOING. AND MY RECOMMENDATION AS YOU GO BACK TO YOUR MENTOR IS HAVE THEM RECOMMEND THAT FOR EVERY SINGLE HOME AND ACTUALLY TALK TO THE CITY ABOUT IMPLEMENTING THAT INTO OUR CITY CODE. SO THAT BECOMES A STANDARD 'CAUSE. 'CAUSE THAT WOULD PROBABLY ALLEVIATE A, A LOT OF THE QUESTIONS AND CONCERNS THAT CITIZENS HAVE WITH REGARDS TO THIS. 'CAUSE, YOU KNOW, THE CITY WORKED WITH THE BUSINESSES, WITH THE, WITH THOSE GROUPS TO KIND OF DEFINE WHAT THE PROGRAM WAS. AND WE ALL CAME TOGETHER TO SAY, HERE'S HOW MANY, YOU KNOW, HOW MANY WE WANTED ON THE STREET ITSELF. UM, AND THEN, LET'S SEE, THAT'S IT FOR RIGHT NOW. SO THANK YOU. THANK YOU. COMMISSIONER BEES. I'M GONNA DISAGREE WITH MY COLLEAGUE. I AM, UM, FOR THE APPLICANT IN THIS. I THINK HE'S DONE HIS DUE DILIGENCE, UNFORTUNATELY, YOU KNOW, I I THINK YOU SHOULD HAVE BROUGHT IN SOME SIGNATURES OF, OF THE PEOPLE THAT YOU, UH, SPOKE WITH IN YOUR NEIGHBORHOOD. BUT, UM, 12.5 AND IT'S AT 15%. I I, AND HE'S DONE EVERYTHING, UM, HE COULD, UM, TO, TO MITIGATE BAD, BAD, UM, TENANTS, I GUESS, UH, UM, IN, IN THIS SITUATION. SO I'M GONNA BE FOR THE APPLICANT. ANYONE ELSE? AND COMMISSIONER AGAIN, REMEMBER WHAT I WAS GONNA SAY? SORRY. SO, SO, UM, TO NOTE THAT YOU HADN'T TRIED, YOU KNOW, OTHER OPTIONS. SO I THINK THAT THERE ARE OTHER OPTIONS AVAILABLE. UM, AND THEN, AND THEN FINALLY THE LAST POINT WAS THAT, UM, THE OTHER RESIDENT HAS HAD THEIR, THEIR, UM, UM, TYPE TWO FOR QUITE SOME TIME. AND SO, SO, SO YOU KNOW, THE, WELL BEFORE WE SET THE RULES, AND SO THE RULES ARE IN PLACE, YOU KNOW, AT LEAST FOR THAT ONE, THAT GRANDFATHERED IN AND YOU'LL BE ABLE TO COME BACK IN A YEAR OR TWO, KIND OF COME BACK AND SAY, OKAY, YOU KNOW, DOES IT STILL APPLY? OKAY. YEAH. ANYONE ELSE LIKE TO ADD COMMISSIONER ? YEAH. UH, I'M SYMPATHETIC TO THE EFFORTS YOU'VE MADE, BUT THE PROBLEM, I HAVE TWO PROBLEMS. ONE IS THE OPPOSITION OF YOUR, YOUR IMMEDIATE NEIGHBORS, AND THE OTHER IS THE BASIC PRINCIPLE THAT EITHER WE HAVE A LIMIT OR WE DON'T. AND SO I, I'M SORRY, BUT I CAN'T SUPPORT THIS. I UNDERSTAND. THANK YOU. ANYONE ELSE? HEARING NONE? ALL RIGHT, LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES. I CONCUR. COMMISSIONER BARRINGTON? I DO NOT CONCUR. COMMISSIONER STEVENS? NO, I DO NOT. CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER CRUZ? I DO NOT CONCUR. COMMISSIONER OZUNA? I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER [01:20:01] EZ. I DO NOT CONCUR. COMMISSIONER BROWN? I DO NOT CONCUR. CHAIR ORIAN. UH, AND I DO NOT CONCUR. SO MOTION FAILS. UH, EIGHT TO THREE. UH, YOU, LIKE I PREVIOUSLY MENTIONED, YOU CAN'T COME BACK IN A YEAR. UM, WHAT I WOULD HIGHLY RECOMMEND, UH, TWO THINGS. NUMBER ONE, UM, YOU KNOW, YOU HAVE TO GET THINGS IN WRITING. YEAH. IF THIS IS, IT'S HARD. THIS BOARD RARELY APPROVES THESE THINGS VERY RARELY. AND HAVING EVERYONE AROUND YOU BEING FORWARD IS ONE OF THE FEW THINGS THAT THAT USUALLY SWAYS THE BOARD. SECOND THING IS, I WOULD PROBABLY TALK TO YOUR, YOUR COUNCIL PERSON AND SEE IF THEY COULD GIVE US THE ABILITY TO GIVE YOU A YEAR INSTEAD OF JUST THREE YEARS OR NOTHING. I REALLY WISH SOMEBODY WOULD CHANGE THAT, BUT YEAH, THAT'S JUST MY 2 CENTS. ALRIGHT, THANK YOU. APPRECIATE YOUR TIME. THANK YOU. ALRIGHT, WE ARE ON ITEM NUMBER SIX. GOOD AFTERNOON. ITEM NUMBER SIX IS BO OA DASH 25 DASH 1 0 3 0 0 0 1 7. THE ADDRESS IS ONE 18 CALLAHAN AVENUE UNITS A AND B. UH, IT'S WITHIN COUNCIL DISTRICT ONE. THE APPLICANT IS JAMAL OCO. AND THE REQUEST IS FOR ONE, A PARKING ADJUSTMENT TO WAIVE THE TWO REQUIRED OFF STREET PARKING SPACES FOR TWO SHORT-TERM RENTALS. AND TWO, A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT TERM RENTAL ON THE BLOCK FACE. UH, THE CURRENT ZONING IS RM FOUR. UH, AGAIN, THE SUBJECT PROPERTY IS LOCATED AT ONE 18 CALLAHAN AVENUE, UNITS A AND B SURROUNDING LAND USES INCLUDE RESIDENTIAL SINGLE FAMILY. UM, AGAIN, THE APPLICANT IS SEEKING A SPECIAL OR A PARKING ADJUSTMENT TO WAIVE OF THE TWO REQUIRED OFF STREET PARKING SPACES FOR TWO STR UH, AND ALSO A SPECIAL EXCEPTION. UM, THE TYPE TWO SHORT-TERM RENTAL PERMIT FOR UNIT B IS ALLOWED BY RIGHT, UH, AS EACH BLOCK PHASE IS ALLOWED AT LEAST ONE TYPE TWO SHORT-TERM RENTAL PERMIT. HOWEVER, UNIT B DOES REQUIRE THE OFF STREET PARKING SPACE BEFORE THAT PERMIT CAN BE ISSUED. UM, UNIT A HOWEVER, REQUIRES BOTH A PARKING WAIVER AND A PARKING, UM, AND A SPECIAL EXCEPTION TO EXCEED THE BLOCK FACE DENSITY, UM, PER SECTION 35 DASH 37 4 0.01, TYPE TWO SCR SHALL BE LIMITED TO NO MORE THAN ONE EIGHTH OF THE TOTAL NUMBER OF SINGLE FAMILY DUPLEX, TRIPLEX, OR QUADPLEX UNITS ON THE BLOCK FACE. UM, AND LASTLY, THE SHORT TERM RENTAL ORDINANCE STATES THAT AN OFF STREET PARKING SPOT SHOULD BE PROVIDED TO QUALIFY FOR A PERMIT. SO THIS IS THE CURRENT TYPE TWO DENSITY COUNT. UM, IT RUNS FROM ONE 14 CALLAHAN AVENUE TO, UH, ONE 40. THERE ARE EIGHT UNITS ON THIS BLOCK PHASE. UM, AGAIN, THERE ARE NO ACTIVE TYPE TWO STRS CURRENTLY. UM, TWO ACTIVE TYPE ONE, UM, TYPE ONE, UH, SHORT-TERM RENTALS. UM, IF THIS SPECIAL EXCEPTION IS, UM, OR I'M SORRY IF, IF THIS SPECIAL EXCEPTION AND BOTH PARKING ADJUSTMENTS ARE APPROVED, THERE WOULD BE A TOTAL OF TWO SHORT-TERM RENTAL PERMITS ON THIS BLOCK PHASE TOTALING 25% OF THE, UH, DENSITY OF THE CURRENT UNITS. UM, SO THERE ARE NO CODE ENFORCEMENT, UM, HISTORY FOUND OR ACTIVE LISTINGS. AND THIS IS THE SITE PLAN FOR BOTH UNITS, UH, THE SUBJECT PROPERTY AND THEN THE SURROUNDING AREAS. UM, STAFF RECOMMENDATION FOR THE PARKING ADJUSTMENT STAFF RECOMMENDS A DENIAL AND BO OA DASH TWO FIVE DASH 1 0 3 0 0 1 7. AND FOR THE SPECIAL EXCEPTION STAFF ALSO RECOMMENDS A DENIAL, UM, AS WELL. UH, THIS IS THE NOTIFICATION PLAN. STAFF NOTE, ALL 23 NOTICES. UH, WE RECEIVED ZERO IN FAVOR TO AN OPPOSITION. UM, LACA NEIGHBORHOOD ASSOCIATION IS AN OPPOSITION OF THE REQUESTS AND THEN THE CITYWIDE GROUPS WERE IDENTIFIED WITH NO RESPONSE. AND THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. AND, UH, YOU, YOU WERE OUT THE SI YOU'RE THE CASE MAN THAT WENT OUT TO THE SITE. OKAY. CORRECT. SO THIS ADDRESS AND THE ADDRESS NEXT TO THIS ONE, NEITHER HAS OFF STREET PARKING, IS THAT WHAT I'M, I'M TRYING TO LOOK ON GOOGLE. IT LOOKS LIKE BOTH HOUSES HAVE THE SAME COLORATION, BUT THIS HOUSE AND THE HOUSE, UH, TO THE LEFT, IT LOOKS LIKE THERE'S TWO HOMES TOGETHER THAT DO NOT HAVE OFF STREET PARKING. I'M JUST TRYING TO VERIFY THAT AT ONE 20. UM, IT MIGHT BE, I MEAN, IT'S A LITTLE TOUGH FOR ME TO SEE IT ON THE GOOGLE MAPS, BUT I'M, YOU KNOW, I'M JUST, I'M CURIOUS TO SEE HOW MANY HOMES IN THE AREA DON'T OFFER OFF STREET PARKING. 'CAUSE WE'RE GONNA BE TALKING ABOUT OFF STREET PARKING. UH, SO UPON STAFF VISITS, UM, THE STAFF DID SEE A NUMBER OF HOMES THAT, UM, DID NOT HAVE, UM, YOU KNOW, ANY DRIVEWAYS OR PARKING SP UM, SPOTS OFF STREET. OKAY. UM, BUT I CAN LOOK REAL QUICK TO SEE, UH, THAT EXACT NUMBER IF YOU WOULD WANT THAT. IS IT, IT LOOKS LIKE THERE'S A POSTED CITY SIGNAGE ON THE OPPOSITE SIDE THAT SAYS NO PARKING [01:25:01] THAT SIDE OF THE STREET. I'M JUST TRYING TO SEE WHAT THE POTENTIAL FOR PARKING IS IN THE AREA. SO THAT'S ALL. OKAY. ALRIGHT. IN THE PROPERTY NEXT DOOR, HAVE PARKING, IT LOOKS LIKE THEY HAVE A CUTOUT. YEAH, IT, IT LOOKS LIKE. SO ON THE SIDE OF THE PROPERTY, SO I'M LOOKING AT, SO THERE'S TWO HOMES THAT ARE, IT LOOKS LIKE THEY'RE SIMILAR IN COLOR. UH, ON ONE SIDE OF THE SUBJECT PROPERTY THEY DO HAVE A DRIVEWAY, AND THEN ON THE OTHER SIDE IT DOESN'T LOOK LIKE THEY HAVE ONE. UH, AND THEN ON THE OPPOSITE SIDE OF THE STREET AT I, I THOUGHT I SAW A SIGN THAT SAID NO PARKING, SO I'M JUST, YEAH. ALRIGHT, WELL WE CAN HAVE THE APPLICANT FORWARD WHILE Y'ALL KIND OF LOOK AT THAT, BUT, ALL RIGHT. IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. UH, MY NAME IS JAMILA OCO. MY HUSBAND AND I BOUGHT THIS PROPERTY TWO MONTHS AGO, ACQUIRED IT DECEMBER 23RD. UH, WHEN WE PURCHASED THE PROPERTY, UH, WE WERE UNDER THE ASSUMPTION THAT IT WAS A FUNCTIONING AIRBNB FOR THE LAST THREE TO FOUR YEARS. WE WERE PROVIDED RENT ROLL. UM, OUR LONG-TERM PLAN IS TO ACTUALLY TURN THIS HOME BACK INTO A SINGLE FAMILY, UH, HOME AND, AND RETIRE THERE. WE'LL BE EMPTY NESTERS IN FOUR YEARS. WE LIVE IN HILL COUNTRY VILLAGE NOW. SO LONG TERM FOR US, WE ARE FLEXIBLE. WE DID NOT REALIZE THAT WE WERE GOING TO BE COMING IN AND AND RUFFLING FEATHERS. UM, AS FAR AS PARKING, WE DO NOT HAVE PARKING. WE WERE TOLD WHEN WE ACQUIRED THE PROPERTY THAT THE CITY HAD APPROVED A DIVISION OF OUR LOT. SO I GUESS THERE WAS, UM, A GARAGE BEHIND OUR HOME. OUR CURRENT HOME AND A NEW BUILD HAS HAS BEEN BUILT THERE. SO AT THIS POINT THERE IS NO PARKING FOR THE PROPERTY. IT IS STREET PARKING. THE SIGN YOU SAW ON THE OTHER SIDE IS ZONE PARKING, BUT RIGHT IN FRONT OF OUR THREE ADDRESSES, UM, IT IS A, A NON PERMIT PARKING AREA. SO THAT IS WHERE, UH, TENANTS WOULD EITHER LONG-TERM, LONG-TERM OR SHORT, SHORT TERM, UH, WOULD BE PARKING. UM, I WAS NOT AWARE THERE WAS OPPOSITION UNTIL FRIDAY AT FOUR 30. AND THEN THE LETTER FROM LAVACCA, I DIDN'T GET UNTIL I GOT HERE THIS MORNING. UM, I'M WONDERING IF THERE IS A WAY I COULD GET A CONTINUANCE SO I COULD WORK WITH THE ASSOCIA, UH, ASSOCIATION OVER THE NEXT FEW WEEKS. UM, AT THIS POINT, SEEING ALL OF THE NUMBER, AGAIN, THIS IS NOT WHAT WE DO FOR A LIVING. THIS IS A LONG-TERM PURCHASE FOR US. SEEING THE NUMBERS, I'M WONDERING IF THERE IS A WAY I CAN SENSE UNIT B WOULD BE GRANTED BY RIGHT. IF IT, IF WE COULD GET A WAIVER FOR THE ONE PARKING SPOT, IF THE ASSOCIATION WOULD BE MORE INCLINED TO WORK WITH US ON THAT. SO THE ISSUE IS, IS THAT YOU HAVE AN APPLICATION AND A CASE NUMBER FOR THE BOARD. OKAY. SO IF WE, WE CAN'T VOTE ON SOME OF IT AND THEN, AND NOT SEND YOU THE REST OF IT. IT, SO IF YOU, IF YOU WOULD LIKE TO REQUEST A CONT SOMEONE MAKE A MOTION FOR A CONTINUANCE, THAT WHAT WE, YOU CAN REQUEST THAT, OR YOU CAN REQUEST US TO MOVE FORWARD WITH WHAT WE WOULD, YOU KNOW, DO. OKAY. SO WHAT, WHAT WOULD YOU LIKE? WELL, I GUESS WHAT I'M, IF I MOVE FORWARD, FORWARD WITH TODAY'S THEN AM I LOCKED INTO THIS A YEAR? I CANNOT REQUEST ANY YES. ANOTHER YEAR. NOT FAMILIAR. UM, AND THE BOARD COULD VOTE ON BOTH THINGS OR VOTE ON THEM SEPARATELY IN CASE SOMEBODY WANTED TO GRANT YOU THE PARKING EXCEPTION ON THE ONE THAT YOU CAN HAVE. OH, Y'ALL CAN DO THAT SEPARATELY. YEAH, WE CAN'T GO MORE, BUT WE CAN GO LAST MR. CHAIR, WE COULD ALSO ELECT IF THERE'S NEW INFORMATION THAT SHE BRINGS BEFORE THE BOARD TO RECONSIDER ANY THE PIECE THAT WE DIDN'T, IF WE VOTED AGAINST. IT'S POSSIBLE, BUT I DON'T KNOW WHAT ELSE. STAFF WOULD HAVE TO BE THE GATEKEEPER ON THAT ONE. I, THAT'S A TOUGH ONE TOO. SO, UM, WOULD YOU LIKE TO RECOMMEND FOR A CONTINUANCE FOR A FEW WEEKS OR IS THAT ENOUGH TIME? UM, I MEAN, IT WOULD BE ENOUGH TIME ON MY END. I JUST, UM, SURE. WHY DON'T WE DO THAT SO I CAN HAVE A LITTLE MORE TIME WITH, WITH THE ASSOCIATION. CAN UH, LET'S DO FOUR. OKAY. WELL, SOMEONE STILL HAS TO, IT STILL HAS TO GET APPROVED, BUT IF THERE'S SOMEONE LIKE TO MAKE A MOTION FOR A CONTINUANCE, WHAT, WHAT MEETING WOULD THAT TAKE US TO? MARCH. HAPPY TO APRIL 7TH. ALRIGHT, MOTION FOR CONTINUANCE TO APRIL 7TH. SECOND. SECOND BY COMMISSIONER CRUZ. UH, ALL IN FAVOR SAY AYE. AYE. NAY. AYE. OKAY, SO WE HAVE ALL AYES EXCEPT FOR COMMISSIONER DNA. MOTION PASSES CA APRIL 7TH. OKAY. AND YOU KNOW, PLEASE ME FROM THE S AND AND THE NEIGHBOR ASSOCIATION. OKAY, GREAT. THANK YOU SO MUCH. WE DO HAVE, I'M SORRY, WE DO HAVE ONE VOICEMAIL THAT WE NEED TO PLAY FOR THIS ONE. LET'S HEAR IT. HI, THIS IS MELISSA SUNDAL CALLING FOR THE MARCH 10TH BOARD OF ADJUSTMENT FOR CASE 0 1 7 ADDRESS 1 1 8 CALLAHAN AVENUE UNITS [01:30:01] A AND D. THE LEVO NEIGHBORHOOD ASSOCIATION OPPOSES BOTH A REQUEST FOR VARIANCE OR REQUIRED OFF STREET PARKING AND THE VARIANCE FOR THE S STR TWO BLOCK BASED DENSITY. WE SUPPORT THE CITY'S CODES REGARDING SHORT-TERM RENTALS, FINDING THEM TO STRIKE A REASONABLE BALANCE FOR BOTH NON-RESIDENT INVESTORS AND THE FABRIC OF OUR NEIGHBORHOOD. IN THIS INSTANCE, THE FACILITY DOES NOT AND CANNOT MEET THE BASIC CONDITIONS OF REQUIRED OFF STREET PARKING FOR TR TWO. UH, WE DO KNOW THAT CITY RECORDS DO NOT REFLECT ANOTHER TR TWO ON THE BLOCK BASE, BUT WE HAVE REQUESTED THAT STAFF REVIEW AND TR ONE PROPERTY OPERATING AS REMOTE INVESTORS AIRBNB, WHICH ALSO DOES NOT HAVE REQUIRED OFF STREET PARKING, UH, IN THIS MATTER OF ONE 18 CALLAHAN AVENUE. WE ENCOURAGE THE PROPERTY OWNER TO RETURN THESE UNITS TO THE MARKET OF LONG-TERM RENTALS, CONTRIBUTING TO THE CITY'S MAJOR GOAL OF INCREASING HOUSING STOCKS. LONG-TERM TENANTS CAN BECOME NEIGHBORS AND ENJOY LA BACA, INCLUDING OUR WALKABILITY TO DOWNTOWN AND BUS ROUTE, AS WELL AS, UH, AS WELL AS THE CITY OF GOLD FOR HOUSING. UH, THANK YOU FOR CONSIDERATION MANNA COMMISSIONER MANNA. SO THE QUESTION FOR CITY STAFF, SO, UM, UM, THE PERSON WHO DISP SPOKE, UH, FROM THE COMMUNITY, UM, TALKED ABOUT A POTENTIALLY ANOTHER TYPE ONE RENTAL THAT MAY BE OPERATING AS A TYPE TWO. UM, AND SO IF THAT ONE APPLIES FOR A TYPE TWO, UM, AND THIS APPLICANT HERE HAS ALREADY HAS AN APPLICANT APPLICATION IN, UM, IS, UM, IS THERE TIMING OR ANYTHING THAT GOES ON WITH REGARDS TO THE POTENTIAL ONE VERSUS THE CURRENT APPLICANT? WELL, YEAH. DOES THE APPLICATION, BECAUSE SHE HAS AN APPLICATION NUMBER, DOES THAT LOCK HER IN TO SEE WHETHER SHE GETS IT OR NOT? DID DID THEY SAY THAT THEY WERE, THEY HAVE A TYPE ONE AND THEY'RE GONNA APPLY FOR THE TYPE TWO? IS THAT WHAT THE MESSAGE SAID? YEAH, IT LOOKED LIKE THEY WERE A TYPE ONE THAT MIGHT BE OPERATING AS A TYPE TWO AND THEY WERE GOING AND THE COMMITTEE WAS GONNA APPROACH THEM, TELLING THEM THAT THEY NEED TO APPLY FOR A TYPE TWO, I THINK IS WHAT I UNDERSTOOD IF I WAS LISTENING. UM, SO THIS APPLICATION CAME IN FIRST, BUT WE DO HAVE IT ON HOLD AS PENDING BOA. SO IF THE OTHER ONE MEETS ALL THE REQUIREMENTS, I MEAN THAT ONE WOULD, WE WOULD PROCEED WITH THAT APPLICATION. SO I GUESS EXPEDITE YOUR WORK . OKAY. WELL SEE NOW THAT THAT'S POLITICAL TROUBLING. UM, 'CAUSE OF THE ACTIONS THAT THIS BOARD KIND OF PUTS HER, I THINK WHAT YOU'RE SAYING IS IF THEY'RE ON THE SAME BLOCK FACE, THEN THEY WOULD HAVE TO GO THROUGH THE SAME PROCESS AS THIS APPLICANT IS GOING THROUGH. WELL, I DIDN'T SEE, WHEN I PULLED IT UP ON ONE STOP, I DIDN'T SEE ANY TYPE ONE OR TYPE, SO, SO RIGHT NOW, IF I UNDERSTOOD CORRECTLY, THERE THE APPLICANT HAS REQUESTS FOR TWO TYPE TWOS AND ONE OF 'EM, UM, IS CHALLENGED BECAUSE, OR, OR BOTH OF 'EM ARE CHALLENGED THE PARKING BECAUSE OF PARKING. CORRECT. AND SO THEREFORE SHE DOESN'T HAVE ANY. RIGHT. UM, AND SO, SO THAT'S WHY ONE OF, I THINK, UM, THAT'S WHY ONE OF THE REQUESTS IS FOR THESE, UH, GRANTING THE, FOR FOR US TO BE ABLE TO APPROVE THE, UM, BY RIGHT. THAT'S WHY SHE WAS ASKING FOR A PARKING, UM, WAIVER IN ORDER FOR US TO PROCEED WITH THAT APPLICATION. AND THEN SHE SECURES THAT, UH, TYPE TWO. CORRECT. I MEAN, IDEALLY, LIKE, I WOULD BE WILLING TO FOR YOU TO JUST GO BACK TO LONG TERM. YEAH, I UNDERSTAND WHAT'S ORDER HERE. THERE WAS A CONTINUATION THAT WAS ALREADY APPROVED AND THAT WAS A DECISION MADE. THE VOTE CALLED WE NEED TO ADVANCE. YES, WE DO. OKAY. SO WE WILL SEE YOU IN FOUR WEEKS. ALL RIGHT. OKAY. THAT SOUNDS GOOD. BUT I WILL, I WILL PUT ON RECORD THAT I'LL BE DISAPPOINTED THE CITY IF THE OTHER ONE IS GRANTED WHILE, WHILE THIS, WHILE WE MADE THE DECISION HERE. AND SO, UM, WELL IF THEY'RE AN ILLEGALLY RUNNING TYPE TWO, THEN THAT WOULD PUT 'EM BEHIND. HOW ARE THEY SUPPOSED TO GET AN APPLICATION? SO, YEAH, SO I GUESS THAT WOULD PART OF, YOU KNOW, PART OF THE DIALOGUE ORDER. WELL, NO, I'M TRYING TO UNDERSTAND QUESTION. YEAH, I CAN, I'M, SO I'M TRYING TO UNDERSTAND, YOU KNOW, THE CITY'S POSITION HERE BECAUSE, UM, YOU KNOW, THIS DOES COME UP BEFORE THIS BOARD AS TIMING. WHO COMES FIRST, WHO COMES SECOND. AND SO IF YOU HAVE AN APPLICANT, IT MEETS ALL OF THE REQUIREMENTS, SO, BUT IT WOULDN'T BECAUSE THEY, THEY WERE OPERATING ILLEGALLY A RENTAL. SO IF AN APPLICANT COMES FORWARD AND THEY'RE, AND THEY ARE OPERATING ILLEGALLY, WHAT DOES THAT DO TO THEIR APPLICATION TIME WINDOW? DO YOU HAVE TO RESOLVE THE HOT TAX BEFORE YOU CAN MOVE FORWARD? CORRECT. THEY WOULD HAVE TO HAVE ALL OF THEIR HOT TAXES BACK, BACK PAID TAXES BEFORE WE COULD EVEN ISSUE THE PERMIT. AND THAT INVESTIGATION USUALLY TAKES MORE THAN FOUR WEEKS. UM, WE GIVE THEM IS IT? YEAH, LIKE 45 DAYS. OKAY. YOU'RE RUNNING CLOSE. WE'LL SEE YOU IN FOUR WEEKS. ALRIGHT, THANK YOU FOR YOUR TIME. ITEM SEVEN. GOOD AFTERNOON. MY NAME [01:35:01] IS JUAN ALVAREZ, PLANNER OF DEVELOPMENT SERVICES. ITEM NUMBER SEVEN IS REQUESTED BY IGOR COMFY SCAR AND IS REQUESTING FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE LOCATED AT 6 0 2 MASON STREET, UNIT ONE. THE SUBJECT PROPERTY IS LOCATED AT 6 0 2 MASON STREET, UNIT ONE. SURROUNDING USES INCLUDE RESIDENTIAL, SINGLE FAMILY AND MULTIFAMILY. THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE. ONE TYPE TWO SHORT-TERM RENTAL PERMIT HAS ALREADY BEEN APPROVED BY WRIGHT ON THE BLOCK FACE. PER THE CITY CODE TYPE TWO SHORT-TERM RENTAL SHALL BE LIMITED TO NO MORE THAN ONE EIGHTH OR 12.5% OF THE TOTAL NUMBER OF SINGLE FAMILY DUPLEX, TRIPLEX, OR QUADPLEX UNITS. ON THE BLOCK FACE, THERE IS A TOTAL OF 11 UNITS ON THE BLOCK. ONE ACTIVE TYPE TWO IS ALREADY ACTIVE BEING SIX 10 MASON STREET ISSUED ON AUGUST 14TH, 2024. THE BLOCK FACE IS CURRENTLY AT 9%. IF A SECOND TYPE TWO IS APPROVED, THE BLOCK FACE WILL BE AT 18% EXCEEDING THE 12.5 DENSITY LIMITATION FOR TYPE TWO STR. THE PROPERTY HAS NO CODE ENFORCEMENT HISTORY OR ACTIVE LISTINGS THINGS. THIS IS THE SITE PLAN OF THE PROPERTY SUBMITTED AT THE TIME OF THE APPLICATION. AND THIS IS THE SUBJECT PROPERTY. AND THE NEXT FEW SLIDES ARE THE NEIGHBORING PROPERTIES AND SURROUNDING AREAS. STAFF RECOMMENDS DENIAL OF THE APPLICANT'S REQUEST FOR A SPECIAL EXCEPTION AND THERE WERE A TOTAL OF 32 MAIL NOTICES. 15 IN FAVOR, ZERO IN OPPOSITION. GOVERNMENT HILL ALLIANCE NEIGHBORHOOD ASSOCIATION IS IN FAVOR, AND THREE CITYWIDE GROUPS WERE NOTIFIED WITH NO RESPONSE. THIS CONCLUDES STAFF PRESENTATION. APPLICANT IS HERE TO ANSWER ANY QUESTIONS. ALRIGHT, LET'S HAVE THE APPLICANT COME FORWARD. FIRST OF ALL, IS THERE ANY VOICEMAILS, UH, OR ANYONE SIGNED TO SPEAK? JUST, JUST WANNA MAKE SURE I YES, SIR, BOTH. WE HAVE ONE, UM, CALLER AND ONE PERSON SIGNED IN TO SPEAK. ALRIGHT, THANK YOU. ALRIGHT, PLEASE STATE YOUR NAME, TELL US ABOUT YOUR PROJECT. HI, UM, I'M IGOR KFI. SAJA, NICE TO MEET YOU GUYS. UH, I, SORRY, AND YOU HAVE TO, TO GET SOMETIMES I'M IGOR KFI. SAHA, NICE TO MEET EVERYONE. UM, I ALSO HAVE A POWERPOINT. IS THERE A WAY THAT I CAN CONTROL MY POWERPOINT FROM HERE? I BELIEVE THE CHAIR WANTED TO HEAR THE VOICEMAILS AND THE, WELL, I JUST, I JUST WANTED TO EITHER ORDER IS FINE TO MAKE SURE. OKAY. YEAH. OKAY, NO PROBLEM. SO GO AHEAD SIR. BUT, UH, OH, IF I JUST, OKAY. UM, SO THAT, THAT'S, THAT'S OUR HOUSE. THAT'S WHAT IT LOOKS LIKE NOW. UH, WE BOUGHT IT IN MARCH, 2021. UH, WE BOUGHT IT BECAUSE WE, UH, REALLY LIKED THE POTENTIAL OF THE GOVERNMENT, GOVERNMENT HILL, UH, NEIGHBORHOOD. WE THOUGHT IT WAS REALLY CUTE. AND THIS HOUSE IN PARTICULAR, UH, WAS IN PRETTY ROUGH SHAPE, AS YOU CAN SEE FROM THE TOP PICTURE. UH, BUT WE THOUGHT IT HAD A LOT OF POTENTIAL. AND FROM THE BEGINNING, THE IDEA WAS TO RUN A SHORT-TERM RENTAL OUT OF IT. UM, WE WERE GONNA RENOVATE IT TOP TO BOTTOM AND RUN A SHORT-TERM RENTAL. UM, THE RENOVATIONS ENDED UP BEING SIGNIFICANTLY MORE DIFFICULT AND EXPENSIVE, UM, THAN WE HAD ANTICIPATED. IT WAS AN OLD HOUSE IN ROUGH SHAPE. UM, IT, WE ENDED UP PAYING 274,000 JUST TO RENOVATE AND FURNISH IT. UM, AND THE MAIN RENOVATIONS INCLUDED FOUNDATION, ROOF, PLUMBING, ELECTRIC, HVAC FLOORS. BASICALLY. IT WOULD'VE BEEN EASIER TO BUILD A NEW HOUSE. BUT WE COMMITTED, UH, WE COMMITTED TO, UH, PUTTING A LOT OF LOVE INTO THIS ONE AND RESTORING IT TO ITS FULL POTENTIAL. UH, WE, UH, HAD A STR PERMIT ON IT FROM 2021 TO 2024 AND SUCCESSFULLY RAN AN STR THERE GENERATING ABOUT 18,000 IN HOT TAXES. WE HAD NO ISSUES AT ALL WITH ANY OF THE NEIGHBORS. THE TENANTS ABSOLUTELY LOVED THE PLACE. UH, WE FELT LIKE WE WERE A GREAT ADDITION TO THE NEIGHBORHOOD. UH, UNFORTUNATELY DUE TO AN OVERSIGHT, WE, UH, DID NOT RENEW OUR SHORT TERM RENTAL PERMIT ON TIME, ALLOWING, UH, DALTON THE OWNER OF THE, UH, SIX 10 HOUSE TO GET THE ONLY SHORT-TERM RENTAL PERMIT FOR OUR BLOCK FACE, WHICH IS, UH, VERY TRAGIC FOR US. DALTON WILL BE SPEAKING ON OUR BEHALF LATER, BY THE WAY. UM, HE'S A GREAT GUY. HE DESERVES IT, BUT I THINK WE ALSO DESERVE IT. UM, AND, UH, WHAT WAS I SAYING? SO THIS WAS A VERY TRAGIC, UH, EVENT FOR US BECAUSE WE WERE REALLY COUNTING, WE REALLY, REALLY COUNTING ON THAT INCOME FROM THE SHORT TERM RENTAL AND ALL THE MORE SO BECAUSE WE WENT WAY OVER BUDGET AND KIND OF PUT OURSELVES IN DEBT WITH ALL THE RENOVATIONS. UM, SO NOW WE'RE, WE'RE HERE JUST, UH, ASKING YOU GUYS TO BE ABLE TO CONTINUE DOING WHAT WE'VE BEEN DOING WITH NO ISSUES. UM, HERE'S SOME BEFORE AND AFTER PICTURES OF THE HOUSE. THAT'S THE, THE MAIN KITCHEN BEFORE AND AFTER. SO YOU CAN GET AN IDEA OF WHAT, UH, WE DID TO [01:40:01] IT. UM, THIS IS A BEDROOM BEFORE AND AFTER. THIS IS DINING ROOM BEFORE AND AFTER. UH, THIS, UH, ON THE, ON THE LEFT, THESE ARE, THESE ARE BOTH AFTER PICTURES. ON THE LEFT IS, IS THE LIVING ROOM, ON THE RIGHT IS ANOTHER BEDROOM. UM, WHEN WE WERE RENOVATING THE HOUSE, WE REALLY PUT A LOT OF PAINSTAKING CARE INTO IT, UM, TO TRY TO HONOR THE HISTORICAL NATURE OF THE NEIGHBORHOOD AND THE HOUSE ITSELF. UM, WE HAVE PLAQUES IN THE HOUSE THAT STILL TELL THE STORY OF ITS ORIGINAL OWNERS WHO GOT THE LAND IN 1905. UM, AND WE'VE EXPOSED SOME OF THE, IN MULTIPLE PLACES, THE ORIGINAL WOOD FROM THE HOUSE AND JUST, YOU KNOW, TRIED TO HONOR THE ORIGINAL ASPECTS OF THE HOUSE AS MUCH AS POSSIBLE. UM, UH, WE BELIEVE THAT WE HAVE ADDED CONSIDERABLE VALUE TO THE NEIGHBORHOOD AND WILL CONTINUE TO ADD VALUE TO THE NEIGHBORHOOD. UM, NEIGHBORS OVER THE YEARS AND NOW IN PARTICULAR HAVE HAVE REPEATEDLY EXPRESSED TO US THAT THEY LOVE HOW IT LOOKS NOW, ESPECIALLY AS COMPARED TO HOW IT USED TO LOOK IN THE PAST. THE HOUSE WASN'T ALWAYS USED, UH, FOR THE BEST PURPOSES, FOR EXAMPLE, DRUG USE. UM, WE'VE SCREENED AND CONTINUE TO SCREEN ALL OF OUR TENANTS CAREFULLY. WE HAVE ABSOLUTELY NO PARTY POLICY. MOST OF OUR TENANTS HAVE BEEN, AND RIGHT NOW WE HAVE LONG TERM, LONGER TERM, YOU KNOW, MONTH, MONTH OR LONGER TENANTS. UM, THEY, THEY TEND TO BE LIKE COUPLES THAT WANT, YOU KNOW, JUST THE TRANQUIL TIME THERE THAT, UH, AREN'T GONNA MAKE ANY DISTURBANCES AND HAVEN'T FOR YEARS. UM, AT MOST WE ALLOW SMALL, QUIET GATHERINGS OF LIKE A FEW FRIENDS. UM, IN ADDITION TO THAT, UH, WE OFFER A WEEKLY CLEANING SERVICE AND WE TRY TO MAINTAIN THE PROPERTY AS WELL AS WE CAN, WHICH PROVIDES BUSINESS TO, WHICH PROVIDES, YOU KNOW, WORK OPPORTUNITIES FOR LOCAL LOCALS, BOTH CLEANING AND MAINTENANCE. PLUS OUR TENANTS, UH, BRING REVENUE TO THE NEIGHBORHOOD. AND, UM, YOU KNOW, I THINK THEY, THEY'RE GENERALLY GREAT TENANTS AND ONLY BRING GOOD THINGS. UM, THE, UH, WE'VE HAD A LOT OF COMMENTS LIKE PREVIOUSLY, WE HAD FORMER RESIDENTS OF GOVERNMENT HILL AND SAN ANTONIO STAY AT OUR AIRBNB WHEN WE HAD IT, AND ALSO STAY IN OUR LONGER TERM RENTAL NOW. AND THEY'VE FREQUENTLY MADE COMMENTS LIKE THAT. IT GAVE THEM AN OPPORTUNITY TO RECON, RECONNECT TO THE BEST ASPECTS OF GOVERNMENT HILL BECAUSE, YOU KNOW, TO ME THIS HOUSE KIND OF ENCOMPASSES THE IDEAL VERSION OF GOVERNMENT HILL. UM, WE, UH, HAD 20, WE, UH, YOU KNOW, ATTEMPTED TO CONTACT ALL 25 OF THE CONCERNED, UH, NEIGHBORING ADDRESSES. UM, 15 WE ACTUALLY GOT IN TOUCH WITH AND TALKED TO AND THEY ALL, UH, GAVE US, WE HAD A PETITION, WE HAD PEOPLE SIGN IT. SOME PEOPLE ACTUALLY MAILED IN THE CITY'S PETITION, UH, 15. UH, EVERYONE WE WERE ACTUALLY ABLE TO TALK TO SUPPORTED US. NO ONE, NO ONE ABSTAINED OR REFUSED. AND, UH, SOME OF 'EM SUPPORT SUPPORTED US WITH GREAT ENTHUSIASM, WHICH WAS REALLY NICE TO SEE, MADE US FEEL LIKE WE WERE PART OF THE NEIGHBORHOOD. UM, ONE PERSON SAID THEY'D GET BACK TO US, BUT THEY DIDN'T. AND NINE PEOPLE WE WEREN'T ABLE TO REACH, UH, BECAUSE THEIR HOUSES WERE EITHER APPEARED TO BE EMPTY OR JUST NOBODY WAS HOME. UH, THE NEIGHBORHOOD ASSOCIATION, WE'VE TALKED TO THEM REPEATEDLY AND KIND OF COORDINATED WITH THEM. THEY'VE BEEN GREAT. UM, I ONLY HAVE GOOD THINGS TO SAY ABOUT THEM, AND I THINK THEY ONLY HAVE GOOD THINGS TO SAY ABOUT US, AND THEY, WE ALREADY KIND OF HAVE AN ESTABLISHED RELATIONSHIP WITH THEM. UM, I GUESS ONE, ONE NOTE IS WE TALKED TO, UH, UH, ST. PATRICK'S CHURCH. 'CAUSE THAT'S, THAT'S OUR BIGGEST, UH, NEIGHBOR. SO I FIGURED IT WAS IMPORTANT TO GO OUT OF OUR WAY TO TALK TO THEM. AND I TALKED TO THE HEAD PRIEST THERE AND HE HAD ABSOLUTELY NO ISSUES WITH IT AND WAS HAPPY TO SIGN OUR PETITION AND SHOW HIS SUPPORT. UM, AND, UH, AND YOU GUYS HAVE A LETTER FROM OUR, UH, UH, FROM OUR NEIGHBORHOOD ASSOCIATION IN SUPPORT AS WELL. UM, THERE'S OUR PETITION WITH SIGNATURES, ADDRESSES, COMMENTS. UM, THE, HERE'S THE LETTER OF SUPPORT FROM THE NEIGHBORHOOD ASSOCIATION, WHICH I THINK YOU GUYS HAVE ALREADY SEEN. UM, THEY MAILED IT IN ON THE FIFTH. UM, OUR, JUST A BIG PICTURE, OUR CURRENT SITUATION IS WE HAVE LONGER TERM, YOU KNOW, 30 DAY PLUS, UH, TENANTS. AND WITH, WITH, UH, WE'RE BASICALLY MONTH TO MONTH BREAKING EVEN. AND THIS IS REALLY, UH, FAR FROM IDEAL FOR US BECAUSE OF ALL THE EXTRA EXPENSES WE HAD TO GET TO RENOVATE THE HOUSE. UM, YOU KNOW, ON THE SURFACE WE'RE BREAKING EVEN BELOW THE SURFACE, WE'RE NOT DOING WELL. UM, AND THIS IS, YOU KNOW, NEVER, NEVER THE SITUATION THAT WE PLANNED ON OR WERE LOOKING FOR FROM THE MOMENT WHEN WE BOUGHT THE HOUSE. UM, IF WE HAD, UH, ONE SHORT TERM RENTAL, WE'D BE ABLE TO DO SIGNIFICANTLY BETTER THAN BREAKING EVEN. THAT'S [01:45:01] PROBABLY A CONSERVATIVE ESTIMATE. UM, BUT WE HAVE, YOU KNOW, LOTS OF REAL DATA FROM WHEN WE DID HAVE THE SHORT TERM RENTAL, UM, FOR HOW SUCCESSFUL IT WOULD BE AND, AND PRETTY SUCCESSFUL. UM, I THINK, I THINK THIS IS A, BASICALLY A SIMPLE, TO ME IT'S A SIMPLE SITUATION WHERE EVERYONE WOULD WIN. UM, THE NEIGHBORHOOD WOULD WIN BECAUSE FROM TALKING TO MOST OF THE NEIGHBORS PERSONALLY, UM, UM, MOST OF THE NEIGHBORS NOT ONLY WOULD TOLERATE IT, BUT ACT WOULD ACTIVELY SUPPORT IT. SOME, SOME OF THEM WITH A LOT OF ENTHUSIASM, THEY SEEING THE HOUSE, UH, AS IT WAS BEFORE WE BOUGHT IT, AND IT WAS A RUNDOWN HOUSE AND SOMETIMES RUNDOWN ACTIVITIES MIGHT HAVE HAPPENED IN THAT HOUSE. NOW IT'S A REALLY NICE HOUSE WITH QUALITY TENANTS, YOU KNOW, LONG, LONG AND SHORT TERM. AND IT BEAUTIFIES THE NEIGHBORHOOD DOESN'T ADD ANYTHING BAD, EMPLOYS PEOPLE FROM THE NEIGHBORHOOD. UM, THE NEIGHBORHOOD ASSOCIATION ALSO ENTHUSIASTICALLY SUPPORTS IT. UM, AND, UH, SOME, SOME TENANTS EVEN COMMENTED. I PERSONALLY BELIEVE IT'S PROBABLY TRUE. I THINK IT WOULD, YOU KNOW, IT KIND OF ELEVATES THE WHOLE NEIGHBORHOOD LIKELY TO HELP RAISE PROPERTY VALUES, HELP, UM, KIND OF, WELL, YOU GET THE IDEA, RIGHT. UM, IT ALSO HELPS OUR, IT ALSO HELPS OUR TENANTS. UM, OUR TENANTS, UH, WHEN WE DID RUN IT AS AN SDR, IT HAD, IT WAS BOOKED ALMOST, ALMOST CONTINUOUSLY. UM, WE HAD A 4.9 PLUS STAR RATING. TENANTS, UH, WEREN'T JUST HAPPY, BUT THEY LIKE RAVED ABOUT THE PLACE. FREQUENTLY SINCE WE LOST OUR SDR, WE'VE BEEN ADDED TO DOZENS OF WISHLISTS, WHICH IS KIND OF HEARTBREAKING BECAUSE ALL THESE PEOPLE WANT TO RENT IT SHORT TERM AND THEY CAN'T, AND WE CAN'T RENT IT TO THEM SHORT TERM EVEN THOUGH WE WANT TO . UM, AND, UH, I JUST PASTED A A COUPLE COMMENTS THAT WE HAD IN OUR, UH, CONVERSATIONS ON AIRBNB WITH OLD TENANTS. UM, WELL, NOT VARYING TENANTS. THE, THE, UH, FIRST ONE IS FROM THE, UH, CURRENT TENANT. AND SHE SAID SHE HAD A SMALL GET TOGETHER WITH A COUPLE FRIENDS AT THE UNIT, AND SHE SAID, MY FRIEND ACTUALLY LIVED HERE BEFORE YOU ALL BOUGHT THE PLACE. SHE CAME OVER LAST NIGHT AND WAS SO IMPRESSED WITH THE PLACE SHE WAS TELLING ME ALL ABOUT THE RENOVATIONS AND HOW SHE PAINTED THE BATHTUB HERSELF. SO, AND WE GET COMMENTS LIKE THAT ALL THE TIME, YOU KNOW, NOT, NOT SPECIFICALLY PEOPLE THAT LIVE THERE, BUT PEOPLE THAT WERE FROM THE NEIGHBORHOOD, PEOPLE THAT HAVE ACTUALLY BEEN IN THE HOUSE BEFORE. UH, WE LOVE HEARING THAT KIND OF FEEDBACK AND IT'S KIND OF MAKES US FEEL GOOD ABOUT OURSELVES. UM, THE BE BELOW, THAT WAS THE FIRST TENANT THAT WE EVER HAD, UH, WHEN WE RENTED IT AS AN AIRBNB WHEN WE HAD A PERMIT. AND THIS GUY JUST COULDN'T STOP TELLING US HOW IT WAS THE BEST AIRBNB HE'D EVER STAYED AT IN HIS LIFE. HE WAS A VERY HAPPY GUY. AND WE'VE HAD TONS OF REALLY POSITIVE FEEDBACK THE WHOLE TIME, ALMOST UNIVERSALLY POSITIVE. IT MAKES, MAKES ALL THE EFFORT AND PAIN WE, UH, PUT INTO RENOVATING THE PLACE WORTHWHILE AS WE FEEL LIKE WE'RE DOING SOMETHING GOOD FOR PEOPLE. UM, AND IT'S ALSO GOOD FOR THE CITY OF SAN ANTONIO. IT'S A GOOD SOURCE OF, UH, HOT TAX AND PROPERTY TAX AND WITH A PROVEN TRACK RECORD, WE'RE NOT GONNA BE, UM, YOU KNOW, TRACK A TRACK RECORD OF GENERATING INCOME AND NOT CAUSING ANY PROBLEMS. UM, I WAS, I WAS GONNA SAY ALSO, WE'VE ALREADY DONE ALL THE RENOVATIONS, SO WE'RE NOT GONNA BE DOING ANY MORE SERIOUS RENOVATIONS. WE'RE JUST GONNA BE MAINTAINING, SLOWLY IMPROVING, UM, YOU KNOW, IF WE GET MORE RENTAL INCOME, WE CAN AFFORD TO IMPROVE IT A LITTLE BIT MORE. UM, AND FOR US, IT'S ALSO A VALUABLE SOURCE OF INCOME THAT, THAT WE WERE COUNTING ON. AND IT'S A LABOR OF LOVE TO, UH, BE ABLE TO PROVIDE A GOOD SERVICE FOR TENANTS AND FOR THE NEIGHBORHOOD. UM, AND BY THE WAY, THE LAST COMMENTS, JUST A TENANT, UH, SAID, WE'RE ABSOLUTELY LOVING THE SPACE AND WE'RE INTERESTED IN BOOKING FOR ANOTHER MONTH OR TWO IF POSSIBLE. UH, WE GET, NOW THAT WE HAVE LONGER TERM RENTALS, WE GET A LOT OF, UH, REQUESTS FOR EXTENSIONS. OKAY. UM, THANK YOU VERY MUCH. SORRY IF I SPOKE TOO MUCH. IT'S OKAY. WE'RE GOING TO HEAR A VOICEMAIL AND THE, AND THE UH, UH, CITIZEN SIDE OF THE SPEAK AND WE'LL SEE IF YOU HAVE ANY, UH, QUESTIONS. IF YOU HAVE THE VOICEMAIL, PLEASE. YEAH, I HAVE A QUESTION. WELL, I WAS GONNA, OH, YEAH. HELLO, THIS IS PHYLLIS NEWMAN. I LIVE AT 1 9 2 3 I 35 NORTH. I'M CALLING IN REFERENCE TO CASE NUMBER THAT ENDS 0 2 5. THE ADDRESS IS 6 0 2 MASON STREET. I'M CALLING IN SUPPORT OF THE, UM, BOARD OF ADJUSTMENT HEARING THAT THEY REQUESTED THAT THEY ARE RE REQUESTING. [01:50:02] I'M ALSO A NEIGHBOR. I'M AROUND ABOUT MAYBE SIX HOUSES AWAY. AND, UM, THEIR ADDITION TO THE NEIGHBORHOOD HAS BEEN EXTREMELY POSITIVE. AND I'M ALSO, UH, CALLING FOR THE, UH, GOVERNMENT HILL ALLIANCE NEIGHBORHOOD ASSOCIATION. I'M AT THE PRESENT TIME INTERIM PRESIDENT AND THE NEIGHBORHOOD IS SUPPORTING, UM, THEIR ADJUSTMENT. THANK YOU. ALL RIGHT. WE HAVE A GOOD MORNING. THIS IS ROSE, UH, UH, MARIE HILL, PRESIDENT OF GOVERNMENT HILL ALLIANCE DAY ASSOCIATION. UH, IT'S, UH, MARCH THE 10TH, 7:30 AM I'M CALLING REGARDING BO OA 2 25 1 0 3 0 0 0 2 5. UH, IN REGARDS TO, UH, UH, PROPERTY 6 0 2 MESA STREET, THEY'RE APPLYING FOR A, UH, SHORT TERM RENTAL. UH, GOVERNMENT HILL ALLIANCE IS IN IN FAVOR OF THIS, UH, REQUEST. DO YOU UNDERSTAND THAT THEY POSSIBLY MIGHT HAVE, UH, UH, LOST IT. THEY'RE TRYING TO REGAIN THAT, UH, PERMIT BACK. WE VERY MUCH ARE IN SUPPORT. THIS WAS A VERY BAD PROPERTY, WELL, NOT VERY MUCH MAINTAINED. AND THIS DC OWNERS CAME IN AND THEY HAVE BEEN GREAT. THERE HAS BEEN NO POLICE, NO PROBLEM PROBLEMS AT THAT PROPERTY. AND, UH, WE AND THE NEIGHBORS THAT HE'S BEEN A GOOD NEIGHBOR TO ALL THESE NEIGHBORS AND, UH, PROPERTY HAS BEEN KEPT VERY, VERY WELL. SO AT THIS POINT, THE, THE COMMUNITY AND THE GOVERNMENT ALLIANCE LABOR ASSOCIATION ARE IN SUPPORT. WE HOPE THAT YOU'LL GRANT, UH, THE OWNER, UH, THIS REQUEST TODAY AT, UH, AT THE BOARD OF ADJUSTMENT HEARING. THANK YOU. AGAIN, THIS IS ROSE HILL, 2 1 0 4 2 0 4 3 20. THANK YOU. WE DO HAVE ONE, UM, SIGN UP TO SPEAK MR. DALTON LUCIANO, BUT CLOSE ENOUGH. HELLO, ESTEEM MEMBERS OF THE BOARD, UH, THANK YOU FOR JOINING US TODAY. I'M HERE TO SUPPORT MY NEIGHBOR AND HIS ENDEAVORS. CAN YOU STATE YOUR NAME FOR THE DALTON LUCA? OKAY, THANK YOU. THAT'S THE ITALIAN ON THE END OF THAT ONE. UM, YEAH, LIKE I WAS SAYING, I'M HERE TO SUPPORT, UH, MY NEIGHBOR AND HIS ENDEAVOR. UM, I FEEL THAT EVERYTHING THAT HAS BEEN PRESENTED TO YOU IS EXACTLY, UH, WHAT I WAS GONNA SAY. SO WHY SHOULD I REITERATE? RIGHT? EVERY NEIGHBOR IN THE NEIGHBORHOOD THAT WE SPOKE TO, UH, IS IN FAVOR. UM, THEY'VE CONTINUED TO SHOW, UH, THE INVESTMENT IN, IN THE NEIGHBORHOOD. UM, THEY'VE CONTINUED TO PROVIDE REVENUE FOR THE CITY OF SAN ANTONIO. UM, YOU KNOW, LIKE I OWN THE OTHER SHORT TERM RENTAL PERMIT, AND YOU WOULD THINK, UH, YOU KNOW, DUE TO, UH, LIKE THE AMOUNT OF PEOPLE OR THE, THE PERCENTAGE. UM, AND THAT DOES CONCERN ME, YOU KNOW, AND, AND I DEFINITELY AM, UH, CONSIDERATE OF THE LAWS THAT WE HAVE IN PLACE. BUT I FEEL A SPECIAL EXEMPTION SHOULD BE MADE IN THIS CASE BECAUSE THE FACT THAT THE HOUSE, UM, HAS BEEN COMPLETELY RENOVATED, UH, I DON'T KNOW IF Y'ALL HAVE, UH, EXPLORED THE HISTORICAL NEIGHBORHOODS, BUT A LOT OF, NOT A LOT OF HOUSES ARE IN AS GOOD A SHAPE OR AS MAINTAINED AS THIS HOUSE. AND I THINK THAT THE SIGNIFICANCE CAN'T BE REDUCED FROM THAT FACT. UM, IF YOU'VE EVER TRIED TO, UH, RESTORE ANYTHING THAT'S OVER A HUNDRED YEARS OLD, UM, IT'S NOT EASY. AND THE FACT THAT THEY'VE MADE THIS THEIR OWN, UH, PERSONAL, YOU KNOW, OBJECTIVE, UH, MEANS A LOT. YOU KNOW, ESPECIALLY 'CAUSE I'M A NEIGHBOR. IT'S NOT JUST, IT DOESN'T GO JUST INTO THE COMPETITION ASPECT. IT GOES INTO THE, THE FACT THAT THEY'RE MAKING SAN ANTONIO BETTER FOR ALL OF US. IT'S NOT, I DON'T THINK IT SHOULD JUST, UH, YOU KNOW, BE ABOUT THAT. UM, ANOTHER THING IS THE MONETARY INVESTMENT, RIGHT? THEY'VE, THEY'VE PUT A LOT OF MONEY INTO IT. AND I THINK THAT, UM, IF ANYBODY, ANYBODY ON THIS BOARD HAS DONE ANYTHING WITH A LOT OF MONEY, YOU KIND OF WANNA SHOW THESE THINGS OFF, RIGHT? AND THIS IS THEIR OPPORTUNITY TO ALLOW PEOPLE WHO WANT TO COME TO OUR CITY, UH, TO SEE THESE THINGS. UM, LET ME MAKE SURE I DIDN'T FORGET ANYTHING ELSE. HERE. OH, YEAH. I THINK THAT IT'S ALSO GOOD TO RECOGNIZE BAD SHORT-TERM RENTALS. AND IN THIS CASE, THEY ARE NOT, THEY'VE NEVER HAD ANY ORDINANCES. THEY'VE NEVER HAD ANY CALLS, THEY'VE NEVER HAD ANY CITATIONS, ANYTHING. YOU KNOW, SO THE FACT THAT THEY, UH, CAN SHOW A CLEAN TRACK RECORD, UM, I DON'T KNOW HOW MANY OF ADJUSTMENTS THAT Y'ALL SEEN THAT CAN SHOW THAT. AND I THINK THAT NEEDS TO BE, UH, HIGHLIGHTED AS WELL. UH, WHAT ELSE? UH, I THINK IT WAS EXPLAINED BY THE NEIGHBORHOOD PRESIDENT AND THE OTHER INTERIM PRESIDENT THAT THE ENTIRE NEIGHBORHOOD AGREES WITH THIS. YOU KNOW, I WOULDN'T BE HERE TODAY IN FRONT OF Y'ALL IF I DIDN'T FEEL PASSIONATE ABOUT THIS, UM, AND PASSIONATE ABOUT OUR NEIGHBORHOOD LOOKING GOOD. AND I THINK THAT THERE'S NO REASON WHY I COULD THINK IN MY OWN MIND, UH, WHY I WOULD WANNA REFUSE THIS. SO I WOULD, UH, HOPE THAT, UH, IF YOU COULD COME UP WITH ANY CONCLUSION THAT YOU WOULD SHARE THIS, UH, BECAUSE I WOULD LIKE THE INSIGHT AS WELL. 'CAUSE I CAN'T THINK OF ANY REASON WHY THIS SHOULDN'T BE APPROVED. UM, I UNDERSTAND THE DENSITY, BUT AGAIN, UH, THE FACT THAT THIS WAS ALREADY HERE, IT WAS ALREADY RUNNING, UH, [01:55:01] WE HAVE A BOARD OF ADJUSTERS FOR A REASON TO MAKE THESE EXEMPTIONS. RIGHT. AND IN THIS CASE, I DON'T THINK THERE SHOULD BE A REASON WHY IT SHOULD BE REFUSED. WELL, THANK YOU VERY MUCH. YEP. I THINK COMMISSIONER BARRINGTON, YOU HAD A QUESTION? UH, NO, DON'T WORRY ABOUT IT. OKAY. COMMISSIONER MANN, I HAVE QUESTIONS. UM, SO QUESTION FOR THE APPLICANT, IF HE, IF HE COULD. SO, SO I JUST WANTED, YOU KNOW, JUST SO THAT I UNDERSTAND, YOU KNOW, KIND OF THE WORKFLOW OF, OF HOW A RENEWAL OCCURS AND, YOU KNOW, SO WHAT, WHAT WAS THE WORKFLOW AND WHERE DID IT FALL APART FROM YOUR PERSPECTIVE? JUST SO I UNDERSTAND. OKAY. THAT, THAT'S A, THAT'S A FAIR QUESTION. UH, WHAT HAPPENED IS I ORIGINALLY BOUGHT THE HOUSE WITH A CO-OWNER, BUSINESS PARTNER, AND I WAS SUPPOSED TO BE THE MORE PASSIVE PARTNER, AND HE WAS RESPONSIBLE FOR THE ACTIVE MANAGEMENT AND FOR RENEWING THE PERMIT. SO I DIDN'T EVEN, I DIDN'T EVEN KNOW THE DETAILS. HE JUST LET IT LAPSE AND HE ACTUALLY ACTIVELY HID IT FROM ME UNTIL IT WAS TOO LATE. SO I DIDN'T WANT TO GET INTO THAT. NO. WELL, WELL, I JUST WANNA MAKE SURE THAT THE CITY DOES REACH, OR THAT THE CITY REACHED OUT, CLAIMED TO GO THROUGH THE PROCESS. HE CLAIMED THAT. THAT'S, THAT'S A GOOD QUESTION. HE TOLD ME THAT THE CITY NEVER REACHED OUT TO HIM, AND HE TOLD ME TO TELL THE BOARD OF ADJUSTMENT THAT I DON'T PERSONALLY KNOW BECAUSE IT WAS HIS EMAIL THAT WAS ON. AND SO I'M GONNA FOLLOW UP WITH THE CITY NOW. AND SO, SO, UM, SO THAT'S REALLY ALL I HAD FOR YOU. SO I DON'T KNOW, BUT, BUT SOMEONE ELSE MAY HAVE. SO WITH REGARDS TO, UM, WHAT IS THE WORKFLOW FOR WHEN IT IS THAT, UM, AND SOMEONE WHO OWNS A SHORT-TERM RENTAL, WHAT IS THE WORKFLOW FROM THE CITY'S PERSPECTIVE OF HOW THEY ENGAGE WITH REALLY ALL OF THE OWNERS, UM, YOU KNOW, UH, FOR, UH, THROUGH THAT, I GUESS THROUGH THAT WORKFLOW OF THEIR SHORT TERM RENTAL AND, YOU KNOW, HOW DO YOU WORK THROUGH THAT? SO THE PROCESS FOR RENEWAL IS 30, 90 DAYS BEFORE IT'S, IT'S SPENT, IT'S GONNA EXPIRE A RENEWAL REMINDER SENT OUT TO THE CONTACTS ON FILE THAT YOU HAVE YOUR PERMITS, BUT EXPIRE THREE MONTHS FROM THIS DATE, PLEASE APPLY FOR RENEWAL. AND THEN ONE MONTH PRIOR TO THAT EXPIRATION DATE, ANOTHER REMINDER EMAIL SENT OUT SAYING, ONE MONTH FROM TODAY, YOUR PERMIT WILL BE EXPIRED. PLEASE SUBMIT YOUR RENEWAL BEFOREHAND. UM, BUT FOR CLARIFICATION, THE INITIAL PERMIT THAT WAS APPROVED IN 2021, UM, IT WAS ACT, OUR RECORDS SHOW THAT IT WAS CANCELED BY THE OWNER ON IN JUNE, 2022. SO I DON'T HAVE A RECORD IT WAS EVER RENEWED 'CAUSE IT WAS CANCELED. UH, I, I DON'T THINK THAT'S TRUE, . I, I'M, I'VE NEVER HEARD THAT BEFORE. AND I DON THINK THAT'S TRUE. LET ME ASK THIS. SO DO YOU OWN THE HOUSE INDIVIDUALLY? YEAH, NOW, NOW I OWN IT, UH, ALONG WITH MY WIFE. OKAY. I BOUGHT, I BOUGHT HIM OUT AFTER THAT. UH, I BOUGHT HIM OUT AND SO HE NO LONGER. AND SO PRIOR, WAS IT A PARTNERSHIP OR WAS IT TWO NAMES? UH, YEAH, IT WAS A PARTNERSHIP. WE WERE, WE'RE, I GUESS HE'S, YEAH, WE, WE WERE PARTNERS ON THE HOUSE, I GUESS. SO WHAT I'M CURIOUS ABOUT IS IF IF THIS APPLICANT CHANGED THE OWNERSHIP FROM, FROM HIM AND THIS OTHER INDIVIDUAL TO HIM AND HIS WIFE, WOULD THAT HAVE FORCED? UH, YEAH. SO THAT'S A DEFECTIVE NO, THAT WAS IN, THAT WAS IN 2024. THIS WHAT SHE SAID IN 2022, I'VE NEVER HEARD OF BEFORE. IF YOU LOOK AT THE PUBLIC RECORDS FOR THE HOUSE, WHICH I'VE LOOKED AT MANY TIMES, WELL, EVEN IF YOU HAD RENEWED THE LICENSE, THE MOMENT THE OWNERSHIP CHANGES, IT AUTOMATICALLY CHANGES. OH, IT, WELL, ACTUALLY, IT TECHNICALLY HASN'T EVEN, FIRST OF ALL, THE, THE OWNERSHIP CHANGED IN 20 24, 20 25, NOT 2022. AND OKAY, BUT WHAT, WHEN DID, WHEN DID YOU, UH, WHEN DID THE DEED CONVEY IT TO JUST YOU AND YOUR WIFE? UM, IT HASN'T DONE, IT HASN'T HAPPENED YET. ACTUALLY, I JUST BOUGHT HIM OUT. WE HAVE A, WE HAVE A BUYOUT CONTRACT. HE'S GOTTEN HIS MONEY. IT'S ALL, WELL, JUST SO YOU KNOW, IF THIS GETS APPROVED TODAY AND A DEED IS FILED, THAT PERMIT GETS CANCELED. THE O WHICH THE MOMENT AN OWNERSHIP CHANGES ON AN STR PERMIT, WHETHER IT'S ALLOWED BY RIOT OR WHETHER WE GIVE YOU THE, THE ABILITY TO HAVE A SPECIAL EXCEPTION, THE MOMENT THE OWNERSHIP CHANGES, IT IMMEDIATELY CANCELS. EVEN IF SOMEONE'S TAKEN OFF THE DEED, IT, UM, I DON'T KNOW IF HIS NAME STAYS ON THE DEED. MY, MY NAME IS ON THE DEED. WE JUST REMOVE THE AND DOES THAT, DOES THAT TRIGGER A CANCELLATION OF A PERMIT IF THIS WERE TO GET APPROVED TODAY? NO, NOT TYPICALLY. OH. I DON'T KNOW IF THEY HAVE A DIFFERENT RESPONSE FOR SHORT TERM RENTALS. BUT IF IT'S, UH, IF THEY'RE JUST TAKING A NAME OFF, THAT'S DIFFERENT. AS LONG AS THEY'RE ONE OF THE NAMES IS THERE, IT SHOULD BE A VALID. OKAY. I JUST WANNA MAKE SURE THAT I ALMOST HAD A HEART ATTACK. YEAH. UH, ALSO, I, I WANTED TO MENTION, YOU KNOW, I'M NOT, I'M NOT TRYING TO AVOID TAKING RESPONSIBILITY. IT'S A THREE YEAR. I, I WAS NOT AS AWARE AS I SHOULD HAVE BEEN AT THAT TIME, BUT IT SAYS CLEARLY THAT IT'S A THREE YEAR PERMIT AND IT NEEDS TO BE RENEWED. AND THE BOTTOM LINE IS WE DIDN'T RENEW IT. SO, SO ANOTHER QUESTION. SO, SO WERE YOU PAYING HOT TAXES, YOU KNOW, THE ENTIRE TIME? YEAH, WE, WE PAID ABOUT 18,000 IN HOT TAXES, SO, SO FROM 20, SO, SO YOU HAVE RECORDS THAT SHOW FROM 2022 THROUGH WHENEVER IT WAS THAT YOU'RE 2024. YEAH, 2024. SO YOU SHOWED HE WAS ACTIVE UNTIL, [02:00:01] UH, LIKE WE CAN LOOK IT UP. SO YOU WERE PAYING HOT TAXES FOR, FOR THAT HOUSE OR, OR FOR THAT RENTAL. SO, UM, SO IT DOES SOUND LIKE THIS, YOU KNOW, I GUESS CAN THE CITY CONFIRM WE HAVE, UH, SO WE QUESTION? YEAH, WE ASK A QUESTION. SO WE CHECKED OUR RECORDS. WE DON'T HAVE A TAX PARITY FOR 6 0 2 MASON STREET. SO WHERE, SO WHAT ADDRESS WERE YOU, OR WHAT ACCOUNT WERE YOU PAYING ON MARK? MARK? MY CO-OWNER WAS DOING ALL THE PAYMENTS. HE SENT ME ALL THE RECEIPTS. SO ARE YOU SAYING THAT, SO TO CLARIFY, WE DON'T HAVE A TAX PARITY FOR THIS SPECIFIC ADDRESS. 6 0 2 MASON. SO IF MARK WAS PAYING ON A DIFFERENT ACCOUNT FOR A DIFFERENT ADDRESS, THIS, IT'S NOT FOR THIS PROPERTY. OH, IT, HE, MAYBE HE WAS, MAYBE IT WAS ASSOCIATED WITH HIS OWN PERSONAL PROPERTY. I DON'T, I DON'T KNOW HOW HE DID IT. BECAUSE YOU GET A RECEIPT FOR HOT TAX PAYMENT. DOES IT LIST THE SDR PERMIT NUMBER? ON THE RECEIPT? IT IDENTIFIES THE ADDRESS. SO EACH AD, IT'S STR ADDRESS RECEIPT HAS ITS OWN HOT ACCOUNT. SO ON FILE WE HAD FOR MARK HAN, THE OTHER OWNER OF MARK HANDLE, HE HAS TWO OTHER SDR PROPERTIES WITH THE CITY AT DIFFERENT ADDRESSES, AND THERE IS A HOT ACCOUNT ON FOR EACH OF THOSE ADDRESS BEING PAID FOR, FOR THIS ADDRESS, 6 0 2 MASON STREET. WE HAVE NO RECORD OF A TAX PRD FOR THIS ADDRESS IN OUR SYSTEM. UH, WELL, LET ME, LET ME PULL UP A RECEIPT RIGHT NOW. AND HE SENT ME ALL THE RECEIPTS. UM, UM, THIS IS IS COMPLETELY NEWS TO ME. I KNOW THE MONEY'S BEEN COMING OUTTA MY POCKET. SO, UM, HERE'S A, SO, SO WHILE HE'S LOOKING FOR THAT, ANOTHER QUESTION FOR THE CITY, UM, SO, SO, UM, SO SAY A PERSON, UM, IS CONTRIBUTING HOT TAXES MONEY TO THE CITY OF SAN ANTONIO, AND WE REACH OUT TO THEM NINE DAYS AHEAD OF TIME, AND THEN WE REACH OUT TO 'EM 30 DAYS AHEAD OF TIME BECAUSE WE DIDN'T HEAR BACK FROM THEM. UM, AND THEN 30 DAYS GO BY AFTER THAT. AT THAT POINT, DOES THE CITY DISCONNECT ALL FUTURE COMMUNICATIONS WITH THAT PERSON AND YOU, DO WE USE ANY OTHER METHODS OUTSIDE OF WHATEVER IT IS THAT WE'RE USING TO COMMUNICATE WITH THAT PERSON? YEAH, SO TO CLARIFY, WHOEVER CONTACT INFORMATION IS TIED TO THE RECORD, THAT EMAIL ADDRESS ON FILE, THAT IS WHERE THOSE AUTOMATIC EMAILS ARE SENT OUT TO. AND THEN IF WE SEND AGAIN, A REMI RENEWAL REMINDER 90 DAYS BEFORE, ONE MONTH BEFORE, AND THEN THEY'LL RECEIVE A FINAL EMAIL THAT THE PERMIT HAS EXPIRED, YOU NEED TO APPLY FOR A NEW PERMIT AND THAT STEPS MOVING FORWARD. THAT'S THE EXTENT OF COMMUNICATION AND WELL, I GUESS, YOU KNOW, SO I'M ASKING, SO, SO WE HAVE SOMEBODY WHO I'LL, I'LL, I'LL SAY HE IS WORKING IN GOOD FAITH AND ALL OF A SUDDEN WE LOSE CONTACT WITH THEM THROUGH ONE OF THE MEANS. WE DON'T USE ANY OTHER MEANS TO REACH OUT TO THAT PERSON TO MAKE SURE IT IS THE APPLICANT'S RESPONSIBILITY TO KNOW WHEN THEIR PERMIT'S GOING TO EXPIRE. AND IT'S THEIR RESPONSIBILITY TO SUBMIT THAT APPLICATION TO RENEW IT TO HER. OH. UM, SO, UH, I GUESS I, I, I'LL I'LL SHOW YOU THE RECEIPT OR THE, I HAVE MANY RECEIPTS. HE SENT ME RECEIPTS EVERY MONTH. IF YOU COULD HE YEAH, GO WAS OVER THERE AND SHOW IT TO HER TO SEE IF SHE CAN VERIFY SOMETHING. YEAH, GO WALK OVER THERE AND GO SHOW. BUT ALSO, ALSO, I WAS JUST GONNA SAY THAT, UH, AGAIN, I UNDERSTAND IT WAS OUR RESPONSIBILITY. THE ACCOUNT WAS LINKED TO, TO MARK'S PERSONAL EMAIL AND HE TOLD ME IN WRITING, UNDERSTAND HE NEVER GOT THOSE, BUT OKAY. I JUST WANNA GET TO THE BOTTOM OF THIS. OKAY. OKAY. ALL RIGHT. WHERE'D Y'ALL FIND OUT? OH, CHECK. OKAY. YES, IS ALL A HUNDRED PERCENT A SURPRISE TO ME. I, OKAY. IS THERE ANY OTHER QUESTIONS FOR THE APPLICANT WHILE THE STAFF'S LOOKING THAT UP? I HAVE A, I HAVE A QUESTION FOR THE, UM, THE SPEAKER. DO I HAVE TO ANSWER, UH, MR. DEAN'S QUESTION? IF, IF THE COMMISSIONER HAS A QUESTION FOR YOU, YOU HAVE A QUESTION FOR THE, UH, WHAT IF YOU DON'T WANT YOU, I DON'T KNOW YOU IN SUPPORT OF HIM. YOU SEEM LIKE YOU'RE IN OPPOSITION NOW. I'M SORRY. BOARD EVERY TIME I'VE BEEN IN ONE OF THESE MEETINGS, SIR, YOU'VE DERAILED IT AND, UM, YOU KNOW, A LOT OF US SPEND A LOT OF TIME GOING OUT OF OUR WAYS TO COME HERE. UH, YOU KNOW, PERSONALLY, I HAD TO TAKE OFF WORK. CAN YOU TALK WITH THE MICROPHONE PLEASE? PERSONALLY, I HAD TO TAKE OFF WORK AND EVERY TIME, UM, I JUST HAVEN'T, YOU KNOW, GO AHEAD. LET ME HEAR YOUR QUESTION. I I DON'T HAVE NO FURTHER QUESTIONS. THANK YOU. OKAY. UM, [02:05:01] BY THE WAY, UH, I GUESS COINCIDENTALLY, MARK JUST SENT ME SOME STUFF ABOUT THE HOT, UH, SORRY. YEAH, GO AHEAD. COINCIDENTALLY, MARK JUST SENT ME SOME STUFF ABOUT THE HOT TAXES, UM, AND HE SAID, UH, HE SENT THE HOT TAX NUMBER AT LEAST AS OF 2023. UH, PROBABLY THE SAME ONE THAT THEY JUST ENTERED. YOU KNOW, WE DID GET A NEW SYSTEM, NOT NOT TOO LONG AGO. UM, BUT I THINK THEY WORKED OUT THE KINKS OUT FOR THAT. UM, BUT IT, IT IS, I, I MEAN, I WOULD BE SURPRISED, BUT I WOULDN'T BE SHOCKED, TO BE HONEST IF MARK DID SOMETHING NOT HONEST. THAT HAS A LOT TO DO WITH WHY I ENDED, ENDED UP BUYING HIM OUT. AND HE'S, HE, UH, HASN'T, HE HASN'T BEEN HONEST WITH HIS OWN PERSONAL TERM RENTAL PROPERTIES, BY THE WAY. I ACTUALLY REPORTED HIM TO THE CITY FOR HIS BEHAVIOR. UM, WHICH THAT'S NOT HOW I CONDUCT MY BUSINESS. I WANTED TO, I WANTED TO RUN AN HONEST BUSINESS, I UNDERSTAND RIGHT AWAY, BUT I'M STILL SURPRISED. I NEVER THOUGHT HE WAS DISHONEST ENOUGH NOT TO DO SOMETHING SHADY WITHOUT, AND IN FACT, I STILL DON'T THINK, I THINK PROBABLY THERE'S SOME TECHNIC TECHNICAL IS YOUR NAME, UH, DOES THE CITY KNOW HOW TO CONTACT YOU AND EVERYTHING NOW? YEAH, THE MY NAME SHOULD BE, SHOULD BE THE, SO WHAT'D YOU FIND OUT? OH, I THOUGHT SHE, UH, YEAH. DO WE NEED TO TABLE THIS AND CIRCLE BACK OR? YEAH, PROBABLY. WE, WE FOUND THE PERMIT. WE'RE JUST TRYING TO FIGURE OUT WHAT ADDRESS IT'S LINKED TO. OKAY. SO IF YOU COULD PLEASE BE AVAILABLE AND IF STAFF HAS ANY QUESTIONS, I'M GONNA BE TABLING THIS ISSUE. UH, WE'LL MOVE ON TO THE NEXT ONE. WE'LL BRING YOU RIGHT BACK UP. OKAY. YEAH, JUST SEE IF THEY HAVE ANY QUESTIONS FOR YOU REGARDING ALL THIS HOT TECH STUFF. OKAY? ALRIGHT. THANK YOU VERY MUCH. DON'T GO ANYWHERE, I MEAN, WE'LL, WE'LL LISTEN TO ONE CASE AND THEN WE'LL, I'LL BE RIGHT THERE. BE RIGHT BACK. ALL RIGHT. ALL RIGHT. THANK, THANK YOU FOR YOUR HELP AND PATIENCE. ALL RIGHT. DOES ANYBODY NEED A BREAK OR CAN WE MOVE ON? YEAH. OKAY. WE'RE GONNA TAKE A FIVE MINUTE BREAK BACK FROM THE BREAK. IF STAFF COULD JUST VERIFY THAT WE HAVE THE TWO, UM, PEOPLE LOCKED IN. I SEE COMMISSIONER VASQUEZ, VASQUEZ. VASQUEZ IS HERE. ALRIGHT, IT IS THREE 13. I'M CALLING THIS, UH, BACK INTO SESSION. AND FROM WHAT I UNDERSTAND, WE CAN BRING ITEM NUMBER SEVEN BACK UP. I UNDERSTAND THAT STAFF HAS, UH, GOTTEN TO THE BOTTOM OF THIS. IF, UH, SO WHAT'D YOU FIND OUT? SO THE SHORT TERM, OR THE, PARDON ME, THE HOT TAX ACCOUNT NUMBER THAT WAS REFERENCED WAS LINKED TO A 2 43 CUNNINGHAM AVENUE, WHICH I UNDERSTAND FROM THE APPLICANT TO BE THE LOCATION OF AN STR THAT IS CURRENTLY OPERATED BY THE FORMER BUSINESS PARTNER, MARK. HE'S PREVIOUSLY OPERATED IT ILLEGALLY AS A TYPE TWO AT 2 43. HE, UH, SORRY, HE, HE HAD A TYPE ONE PERMIT ON IT. HE, AND IT WAS FALSE 'CAUSE HE WASN'T LIVING THERE. IT WASN'T HIS PRIMARY RESIDENT. HE WASN'T EVEN LIVING IN STATE. AND HE OPERATED A TYPE TWO ILLEGALLY, I GUESS TWO TYPE TWOS, TWO TYPE TWOS ILLEGALLY CLAIMING IT WAS A TYPE ONE. HE'S DONE, HE'S DONE A NUMBER, HE'S DONE A NUMBER OF IN, LIKE, HE HAS A PATTERN OF SHORT TERM RENTAL VIOLATIONS, WHICH IS WHY I WANTED TO CUT BUSINESS RELATIONS WITH HIM IN BOTTOM OUT. OKAY. AND YOU'RE COMPLETELY SEVERED FROM ANY RELATIONSHIP WITH THIS GENTLEMAN. UM, SO WE'RE, WE'RE NOT IN BUSINESS TOGETHER. I NEED TO FINISH GETTING HIS NAME OFF THE DEED AND STUFF, BUT YEAH, I'M SEVERED FROM ANY BUSINESS RELATIONSHIP AND WE'RE CERTAINLY NOT FRIENDS. OKAY. SO, ALRIGHT. AND WE MIGHT BE GOING TO COURT BASED ON WHAT THEY JUST TOLD ME. I'D SAY THERE'S A HIGH PROBABILITY OF THAT UNLESS IT'S A MISUNDERSTANDING. I UNDERSTAND. ALRIGHT, ANY QUESTIONS FROM THE COMMISSION BEFORE WE MOVE ON? SO I GUESS THIS QUESTION FOR CITY, SO JUST TRYING TO UNDERSTAND, UM, SO, SO WE HAD, SO WAS THE OTHER PERSON CLAIMING THE REVENUE FROM WE DON'T KNOW WHERE, WHAT REVENUE'S BEING CLAIMED? I, YEAH, I I DON'T KNOW IF THE, THE REVENUES BEING REPORTED AND THE TAX BEING PAID ON THIS HOT ACCOUNT NUMBER IS INCLUSIVE OF BOTH THIS PROPERTY AND 2 43 CUNNINGHAM. OR IF IT IS ONLY 2 43 OH YEAH, I WOULD NEED THE FINANCE DEPARTMENT TO CONDUCT SOME SORT OF AN AUDIT. BUT, BUT YOU DO HAVE THE NAME AND, AND ADDRESS OF THIS OTHER INDIVIDUAL THAT Y'ALL WILL BE LOOKING INTO. YEAH. BY THE WAY, FOR, FOR WHAT IT'S WORTH, MARK IS WATCHING THIS HEARING RIGHT NOW ONLINE AND HE'S BEEN TEXTING ME. OKAY. SO IT'S EXTRA LOTS OF DRAMA. I'M SURE HE'LL BE CONTACTED BY SOMEONE AT THE CITY. I HOPE SO. SO IF THERE'S NOTHING ELSE, I THINK WE'VE HEARD A NUMBER AND I THINK, I THINK WE NEED TO, SORRY TO INTERRUPT, GO AHEAD. BUT IT, IT SEEMS TO ME, CORRECT ME IF I'M WRONG, YOU GUYS WON'T BE ABLE TO ACCEPT MY PETITION [02:10:01] WITH THE, WE WE ARE ALLOWED TO VOTE ON THIS TODAY. SURE. UM, BUT, BUT YOU'LL PROBABLY VOTE NO IN LIGHT OF THIS DRAMA. WELL, SIR, THERE'S 11 MEMBER SEATING, SO YOU'RE GONNA GET AS THE, THE, THE BEST OPPORTUNITY YOU'RE GONNA GET. WELL, BUT YOU THINK IT WOULD BE WISER TO ASK FOR A CONTINUANCE? 'CAUSE I'M FOR PURPOSE UNTIL WE FIGURE OUT WHAT, UH, IF THIS DRAMA IS LIKELY TO CHANGE, UH, YOU GUYS' VOTE. IF WE, IF THIS CASE PASSES TODAY, I'M SURE THAT THE CITY AND YOURSELF WILL BE COMMUNICATING ABOUT THE PAYMENT OF HOT TAXES. YEAH. OKAY. SO I I I WILL SAY ONE OTHER THING THAT EVEN IF THE BOARD TODAY TAKES THE DECISION TO ISSUE THE PERMIT, IN LIGHT OF THE QUESTIONS RAISED TODAY, WE WILL PROBABLY WORK WITH FINANCE DEPARTMENT TO GET TO THE BOTTOM OF IS THE TAX PAID OR NOT? AND THE PERMIT WILL NOT BE ISSUED UNTIL WE ARE SATISFIED OF THAT. SO THE BOARDS, IF THE BOARD APPROVES THIS TODAY, WE WILL STILL INVESTIGATE THE TAX ISSUE AND WE WILL STILL RESOLVE THAT ON OUR END. I UNDERSTAND. SO DOES EVERYBODY CATCH THAT? ALRIGHT, SO LOOKING FOR A MOTION? YEAH. UH, CAN I SAY ONE, ONE MORE REALLY QUICKLY PLEASE? SORRY. SORRY. I, I JUST, UH, UH, ZACHARY, I WANTED TO APOLOGIZE FOR, UH, MY NEIGHBOR'S COMMENTS EVEN THOUGH, YOU KNOW, I LIKE HIM. HE'S A GOOD GUY. I, I THOUGHT THAT WAS AN INAPPROPRIATE COMMENT TOWARDS YOU AND I WOULDN'T HAVE MADE THAT COMMENT. THANK YOU VERY MUCH. I APPRECIATE IT. MANNA COMMISSIONER MANNA, REGARDING CASE NUMBER BO A 2 5 1 0 3 0 0 0 2, LET'S SEE, I'M RIGHT, UH, TWO FIVE. I MOVED THAT THE BOARD OF ADJUSTMENT GRANT A SPECIAL EXCEPTION TO ALLOW A ONE TYPE TWO SHORT-TERM RENTAL UNIT SITUATED AT 6 0 2 MASON STREET, UNIT ONE APPLICANT BEING IOR CON, UH, I MESSED IT UP, SORRY. UH, UH, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY. THE BOARD FINDS THAT THE REQUEST TO OPERATE A SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY, OR WELFARE. THERE IS NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY. B, THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE. THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE A SPECIAL A PUBLIC NUISANCE WOULD BE CREATED IF AN ADDITIONAL SHORT-TERM RENTAL PERMIT WAS APPROVED. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH A PROPOSED USE. THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY MULTIFAMILY STRUCTURES. THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WILL BE SUBSTANTIALLY, IT WILL SUBSTANTIALLY INJURED NEIGHBORING PROPERTIES AS A TYPE TWO SHORT-TERM RENTAL. D UM, ADEQUATE UTILITIES, ACCESS, ROADS, STORM DRAINAGE, RECREATION, OPEN SPACE. AND NONE OF THE NECESSARY FACILITIES HAVE BEEN OR ARE BEING PROVIDED. THE SUBJECT PROPERTY PROVIDES ALL STREET PARKING. IT APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE. E THE APPLICANT OR OWNER OF THE SPECIAL EXCEPTION DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES, CONFIRMED CITATIONS OR ADJUDICATED OFFENSES, CONVICTIONS, OR VIOLATIONS OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITHIN ONE YEAR TO THE DATE OF THE APPLICATION. THE APPLICANT OR OWNER DOES NOT HAVE CONFIRMED CITATIONS OR ADJUDICATED OFFENSES OR CONVICTIONS FOR THIS PROPERTY OR OTHER PROPERTIES. F THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO OTHER RESIDENTIAL, OTHER RESIDENCES WITH THE PROPERTY OWNER PROVIDING ALL STREET PARKING AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY. THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION END OF MOTION. SECOND. ALRIGHT, WE HAVE A SECOND BY COMMISSIONER BONNI. ALL RIGHT, COMMISSIONER MANNA. SO I'M ACTUALLY GONNA BE VOTING IN FAVOR OF THIS FOR SEVERAL GOOD REASONS. UM, SO ONE, YOU KNOW, REACHING OUT TO COMMUNITY IS ALWAYS IMPORTANT AND HAVING THE WHOLE COMMUNITY SAYING THEY'RE OKAY WITH THIS, UM, YOU KNOW, KIND OF, UH, BODES WELL FROM MY PERSPECTIVE. SECOND THING IS GETTING NEIGHBORHOOD ASSOCIATION WHO IS DETERMINING OVER A LARGER AREA, YOU KNOW, THAT THEY WERE OKAY WITH THIS, UH, FROM, FROM THAT REGARDS. UM, THIRD IS, YOU KNOW, YOU KNOW, IT APPEARS BY, YOU KNOW, YOU WERE IN GOOD FAITH TRYING TO KEEP AND MAINTAIN, YOU KNOW, YOU KNOW, UM, AN ESTABLISHED, UM, UH, SHORT TERM RENTAL AND, YOU KNOW, THROUGH SOME DIALOGUE WE NEED TO FIGURE OUT IN THE BACKGROUND FROM THE CITY'S PERSPECTIVE, I MIGHT OF HOW IT IS JUST, OF HOW IT IS THAT WE, UM, UM, RENEW THOSE LICENSES AND KEEP UP WITH OWNERSHIP. YOU KNOW, I THINK SOME BURDEN IS NOT JUST ON THE APPLICANTS, BUT ALSO SOME PARTS ON THE CITY. AND SO, SO I WOULD VENTURE TO SAY THAT I HAVE SOME QUESTIONS WITH REGARDS TO THAT. UM, AND SO, UM, AND SO ALSO, UM, LOOKING IN THE AREA, YOU KNOW, THERE ARE SHORT TERM RENTALS THAT SEEM TO BE, WE'LL SAY, APPROPRIATELY [02:15:01] SPACED AROUND THE COMMUNITY, BUT IT DOESN'T SEEM TO BE OVERBURDENED AS WE SEE IN OTHER COMMUNITIES. AND SO FOR ALL THOSE REASONS, I'LL BE VOTING IN FAVOR. THANK YOU COMMISSIONER. BE DENISE. YEAH, I'M ALSO GONNA BE IN SUPPORT OF THIS, UH, WITH ALL THE NEIGHBORS SUPPORT THE NEIGHBORHOOD ASSOCIATION SUPPORT THE CHURCH ACROSS THE STREET. UH, IN SUPPORT OF IT, I DON'T, I DON'T SEE A, UM, KIND OF A BETTER CASE THAT COMES ACROSS US TO APPROVE A, A SECOND ONE WHEN, OTHER THAN THE, YOU KNOW, SOME, SOMETHING LIKE THIS WHERE THERE'S SO MUCH SUPPORT, UM, IN ADDITION, I, I REST ASSURED THAT THE, THE APPLICANT WILL TAKE CARE OF WHATEVER HOT TAXES NEED TO BE TAKEN CARE OF, AND THE CITY'S GONNA MAKE SURE THAT, UM, SO I'LL BE IN SUPPORT FOR THOSE REASONS. ALL RIGHT. ANYONE ELSE LIKE TO ADD? OH, ZUNA, COMMISSIONER ZUNA. YEAH, SO SOMETIMES WE TALK ABOUT OUR INABILITY TO LIKE, OFFER A ONE YEAR SPECIAL EXEMPTION TO BE ABLE TO KIND OF TEST TO SEE HOW THE OPERATOR IS HERE. WE HAVE THAT. SO THE, HE HAS BEEN OPERATING THIS PROPERTY WITH NO, UM, ADVERSE ACTIONS FROM ANY OF THE NEIGHBORHOODS WITH POSITIVE SUPPORT. WE SAW ALL THE TESTIMONY WITH ALL THE POSITIVE SUPPORT FOR NOT ONLY THE, THE, UM, THE, THE SHORT TERM RENTAL TENANTS, BUT ALSO FROM THE NEIGHBORS AROUND IT. SO, TO ME, AGAIN, I'LL BE SUPPORTING THE, THE VARIANCE AND, AND THINK IT'S A VERY, UH, YOU KNOW, WELL SUPPORTED VARIANCE REQUEST HERE. RIGHT. ANYONE ELSE? STEVENS COMMISSIONER STEVENS. UH, I'M ON THE OPPOSITE END OF THE SPECTRUM. I, I JUST, I CANNOT SUPPORT REDUCING THE HOUSING STOCK ON A STREET ON THIS STREET OR ANY OTHER STREET IN SAN ANTONIO BY 18%. I THINK WE TALK A LOT ABOUT THE HOUSING CRISIS AND THE AFFORDABILITY AND, AND HOW PEOPLE CANNOT AFFORD TO BUY HOMES. IMAGINE REDUCING THE HOUSING STOCK ON ANY STREET BY 18 20%. I MEAN, I JUST CANNOT SUPPORT THAT. IT'S THAT SIMPLE FOR ME. RIGHT. DEAN, COMMISSIONER DEAN, I AGREE WITH, UH, COMMISSIONER STEVENS. UH, YEAH, THE PERCENTAGE, UH, REDUCTION, UM, IS A LITTLE MUCH IN THIS CASE. UM, AS WELL AS THERE'S OTHER FACTS, UH, THAT KIND OF GIVES ME THE PERCEPTION THAT THIS SHORT-TERM RENTAL MAY BE OUT OF CONTROL. UM, AND HOPEFULLY THERE'S A PATH FORWARD, YOU KNOW, IN THE FUTURE, BUT I WON'T BE IN SUPPORT. YEAH, I'M GO, I WILL SUPPORT THIS FOR SEVERAL REASONS. UM, FIRST, THIS WHOLE SITUATION AS, AS MESSY AS IT IS, UH, SEEMS TO HAVE BEEN CREATED THROUGH NO FAULT OF THE APPLICANT. AND YOU'VE OBVIOUSLY CREATED A GOOD RECORD IN THE PAST ALREADY. UH, AND I'M PARTICULARLY IMPRESSED BY THE NEIGHBORHOOD SUPPORT, UH, ON ALL OF THE SURROUNDING OWNERS SUPPORT. AND FOR THOSE REASONS, I WILL SUPPORT THIS APPLICATION. OKAY. ANYONE ELSE? BENAVIDEZ, COMMISSIONER BENAVIDEZ? I AGREE WITH MY, UH, COLLEAGUE, UH, THAT JUST SPOKE AND I AM, UM, IN FAVOR OF IT FOR, FOR ALL OF THE SAME REASONS. OKAY. ANYONE ELSE? YEAH. UM, MR. EZ? YEAH, JUST, JUST A COMMENT. I, YOU KNOW, I'D LIKE TO REMIND SOME OF MY COLLEAGUES THAT, YOU KNOW, SOME OF THESE HOUSES, SOMETIMES, ESPECIALLY ONES NEAR MILITARY BASES OR THAT FIT LARGER FAMILIES ARE USED FOR LONGER THAN JUST WEEKEND STAYS. SOMETIMES. I'M SURE YOU'VE HAD RENTERS IN THERE FOR TWO WEEKS, A MONTH, LONGER TERM STAYS. SO SOMETIMES THESE ST ARE USED FOR MORE OF MIDTERM, UM, MIDTERM RENTALS. UM, ESPECIALLY WHEN THEY'RE, WHEN THEY'RE ADEQUATE LIKE THIS, WHEN FOR LARGER FAMILIES AND YOUR MILITARY BASE, UM, THEY ARE USED FOR LONGER TERM. UH, SOMETIMES STEVENS COMMISSIONER STEVENS, I WOULD ALSO LIKE TO REMIND EVERYONE THAT THESE ARE HOUSES, NOT HOTELS, RIGHT? BUT WE DO HAVE AN SDR ORDINANCE THAT ALLOWS US SORT OF A USE. UM, I'M GOING TO, I'M GONNA BE IN COMPLETE SUPPORT OF THIS AND I, AND I'M GONNA ADD SOME ADDITIONAL REASONS. 25% OF THE SURROUNDING AREA IS A CHURCH AND NOT HOME OR HOMES, UH, NUMBER. AND SECONDLY, I'VE NEVER TIME I'VE BEEN ON THIS BOARD, SEEN THAT MUCH SUPPORT FROM EVERYBODY AROUND SOMEBODY FOR AN STR AND FROM THE NEIGHBORHOOD ASSOCIATION. I CAN'T, I CAN'T IGNORE THAT. YOU KNOW, YOU'RE OBVIOUSLY DOING SOMETHING STELLAR AND RIGHT. THEY OBVIOUSLY WANT YOU TO BE THERE BECAUSE I THINK THAT IF THE CITY'S GONNA ALLOW SDRS TO BE ANYWHERE, THE PEOPLE WHO ARE DOING THE BEST JOB SHOULD AT LEAST BE ALLOWED TO DO IT. SO I'LL BE IN SUPPORT. LET'S HAVE A ROLL CALL VOTE. COMMISSIONER MENA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER EZ? YES, I CONCUR WITH THE FINDINGS OF THE FACT. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? NO, I DO NOT CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER BENAVIDEZ? YES, I CONCUR. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ. I CONCUR. COMMISSIONER BROWN. I DO NOT CONCUR. CHAIR ORIAN. AND I CONCUR WITH THE FINDINGS OF FACT. UNFORTUNATELY, [02:20:01] YOU HAVE TO HAVE NINE VOTES. YOU RECEIVED EIGHT. SO IT'S BEEN, IT'S DENIED. I APOLOGIZE. OKAY. IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF, UM, WELL, I CAN ASK A QUESTION. YOU CAN ASK ONE QUICK QUESTION. YES. UH, I GUESS, WELL, I GUESS I HAD TWO QUESTIONS, BUT ONE, ONE QUESTION IS THE, THIS IS SUPPOSED TO BE, THIS IS TO MR. STEVENS. THIS IS SUPPOSED TO BE A HEARING TO DETERMINE IF WE CAN GET A SPECIAL EXCEPTION. IN OTHER WORDS, THERE ARE SOME CIRCUMSTANCES IN WHICH YOU ARE ALLOWED TO HAVE A SPECIAL EXCEPTION. YOU ARE ALLOWED TO EXCEED 12.5%. HIS ANSWER MADE IT SOUND LIKE YOU SHOULD NEVER BE ALLOWED TO EXCEED 12 POINT HALF PERCENT. AND THAT'S HIS DECISION TO MAKE. SO LOOK, WE'RE NOT GONNA GET INTO THIS DISCUSSION, UM, BUT IF YOU HAVE ANY SPECIFIC, UH, TECHNICAL QUESTIONS, UH, OR ADMINISTRATIVE, PLEASE GET WITH STAFF. UH, THEY'LL BE HAPPY TO ANSWER THOSE FOUR. OKAY. WELL, THANK YOU FOR YOUR HELP ANYWAY. MM-HMM . AND YOUR SUPPORT. ALL RIGHT, NEXT ITEM, ITEM EIGHT. ITEM NUMBER EIGHT, BO A DASH TWO FIVE DASH 0 3 21. ADDRESS BEING, UH, 1 2 9 6 5 REED RANCH ROAD COUNCIL DISTRICT. THIS IS, UH, OUTSIDE CITY LIMITS APPLICANT BEING KELLER CUSTOM SIGNS AND REQUEST FOR A 75 FOOT VARIANCE FROM THE MINIMUM 150 FOOT SIGN DISTANCE TO ALLOW FOR A 75 FOOT SIGN. SEPARATION DISTANCE AGAIN, ZONING IS OUTSIDE CITY LIMITS. SUBJECT PROPERTY IS LOCATED OUTSIDE OF THE CITY OF SAN ANTONIO, APPROXIMATELY TWO AND A HALF MILES WEST OF THE WEST LOOP, 1604 NORTH AND THE PETRANKO ROAD INTERCHANGE ALONG THE CORNER INTERSECTION OF PETRANKO ROAD AND REED RANCH ROAD. THE APPLICANT ON BEHALF OF THE PROPERTY OWNER IS REQUESTING DEVIATION FROM THE REQUIRED 150 FOOT SIGN SEPARATION. WHILE THEY ARE SEPARATE LOTS, THE CITY OF SAN ANTONIO SIGNED MASTER PLAN AGREEMENT FOR PETRANKO AND REED RANCH ROAD DATED DECEMBER 1ST, 2022. THE AREA IS DEFINED AS A SINGLE PREMISE FROM THE, FOR THE PURPOSE OF DETERMINING WHETHER A SIGN IS AN ON-PREMISE SIGN, THE APPLICANT IS REQUESTING THE VARIANCE DUE TO A RETAINING WALL CONSTRUCTED ON THE PROPERTY. SINCE THE APPROVAL OF THE SIGNED MASTER PLAN AGREEMENT, THAT LIMITS SIGN, SIGNAGE, PLACEMENT, AND VISIBILITY ON THE PROPERTY PERMITS ARE PENDING THE OUTCOME OF THE BOARD OF ADJUSTMENT. THIS IS GONNA BE THE BREAKDOWN OF THE SIGN MASTER PLAN AGREEMENT FROM 2022 THAT KIND OF, UH, GOES OVER THE AREA. THE ITEMS CIRCLED IN RED ARE CURRENTLY WHERE THE SIGN MASTER PLAN HAD DESIGNATED THE 150 FOOT SEPARATION DISTANCE FOR EACH AREA. THIS AREA HERE IS ALSO JUST SHOWN, IT'S JUST FROM THE GOOGLE MAPS PERSPECTIVE. SO EACH OF THESE WOULD REPRESENT WHERE THE SIGNAGE IS CURRENTLY APPROVED FROM THE 2022 PLAN. THIS GOES INTO THE DETAIL OF THE SIGN MASTER PLAN AGREEMENT AND WHAT THEY AGREED UPON. AND THEN THIS BREAKS DOWN EACH PAD OR LOT ON THAT PROPERTY. SO THIS PARTICULAR PROPERTY IS GONNA BE FOCUSING ON PAD FOUR AND THEN PAD ONE. SO, SO FOR PAD FOUR IN THIS LOCATION WHERE WE'RE LOOKING IS WHERE IT WAS DESIGNATED. AND THEN THE APPLICANT IS REQUESTING TO MOVE IT UP, UM, TO THIS LOCATION HERE. SO THIS IS WHERE PAD ONE IS CURRENTLY DESIGNATED ON THE, UH, MASTER SIGN AGREEMENT. AND THIS IS WHERE THE APPLICANT IS REQUESTING TO MOVE THERE. AND THIS SHOWS IT A LITTLE BIT BETTER ON THE UPFRONT. UH, A CLOSER VIEW OF THAT. AND THIS IS THE APPLICANT'S PROPOSED, UH, SIGN DESIGN. THIS IS THE HISTORICAL VIEW OF THE PROPERTY PRIOR TO DEVELOPMENT ON THAT CORNER RIGHT THERE. AND THIS IS WHERE THE RETAINING WALL IS CURRENTLY LOCATED. AND THIS IS THE AREA IN WHICH THIS IS THE MAIN, UH, SUBJECT PROPERTY. AND THIS AREA HERE WOULD BE WHERE THE SIGNAGE WOULD BE DESIGNATED FROM THE SIGN MASTER PLAN. THIS IS THE INTERSECTION OF REED RANCH ROAD AND JEFF RANCH ROAD. UM, AND THEN AGAIN, THIS IS THAT CORNER DESIGNATED AREA WHERE THE SIGN WOULD BE PLACED. AND THIS IS A VIEW OF JEFF RANCH ROAD. THIS IS A VIEW FROM JEFF RANCH ROAD ONTO [02:25:01] THAT REED RANCH ROAD. SO THIS WOULD'VE BEEN THE CORNER HERE. AND THEN THIS IS THE AREA WHERE THERE, UH, WOULD LIKE TO PROPOSE PLACEMENT OF THE NEW SIGN. THIS IS THAT SIDE ROAD IN BETWEEN. THIS IS WHERE THE PROPOSED SIGN WOULD BE. AND THIS IS WHERE THE DESIGNATED AREA FOR THIS AREA, FOR THIS NEIGHBORING LOT, THIS WOULD BE PAD FOUR, THIS WOULD BE PAD ONE AND THE SURROUNDING AREA STAFF'S RECOMMENDATION FOR THE SIGNED DISTANT VARIANCE, UH, STAFF RECOMMENDS DENIAL MBOA DASH 2 5 0 3 0 0 0 2 1 BASED ON THE FOLLOWING. FINDINGS OF FACT, ONE, REDUCING THE MINIMUM SIGN DISTANCE WOULD NEGATIVELY IMPACT THE PRE-DESIGNED SIGNAGE LOCATIONS FOR A BUDDING CONFORMING PROPERTIES AND PROMOTE SIGNAGE CLUTTER FOR PETRANKO ROAD IN THE SURROUNDING AREA. TWO, THE VARIANCE WILL SUB SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTIES AND ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF MAIL 15 NOTICES ZERO IN FAVOR, ZERO IN OPPOSITION. AND IT IS LOCATED WITH OUTSIDE CITY LIMITS. THIS CONCLUDES STAFF'S PRESENTATION. APPLICANT IS AVAILABLE. MANNA COMMISSIONER MANNA, COULD YOU EXPLAIN, UM, YOUR SECOND BULLET POINT WITH REGARDS TO THE IMPACT? SO JUST TRYING TO UNDERSTAND YOUR PERSPECTIVE OR CITY'S PERSPECTIVE ON THAT. SO HOW IS IT THAT IT IMPACTS THE, FROM THE CONFORMING AREA? UM, I THINK THAT WOULD GO INTO JUST FROM THE SITE PLAN WHERE IT WAS DESIGNATED WHERE, WHERE THE SIGN MASTER PLAN HAD DESIGNATED THOSE TO BE. AND THEN IN THE CITY PRESENTATION THERE WAS A MAP THAT SHOWED, UM, THE, THE LOCATION OF THE TWO SIGNS, UM, WITHIN THE SEVEN FIVE FOOT. SO YOU HAD THE PICTURE, UM YEP. SHOWING THERE SLIDE SEVEN AND SO NOT, NOT THAT ONE. IT ACTUALLY HAD YOUR RENDERING OF THE, HAD SHOWED THE LIGHT POLE. IT WAS FURTHER IN THE PRESENTATION DOWN. OH, OKAY. YEP. SO, UM, SO BASED OFF OF THIS HERE, OKAY, GO AHEAD. SO GO. IF YOU GO BACK TO SEVEN, SORRY, SORRY. NO, YOU'RE GOOD. RIGHT HERE IN SEVEN, YOU SEE THIS PRIVATE ROAD AND WHEN YOU LOOK AT THE FOOT NEXT PHOTO, THIS IS A VIEW FROM THAT PRIVATE ROAD UP TOWARDS REED RANCH ROAD. SO HERE'S REED RANCH ROAD, HERE'S THAT PRIVATE ROAD. THAT'S WHERE PAD ONE AND PAD FOUR ARE. SO IF YOU GO TO THE, THE ONE HE'S TALKING ABOUT, NO, KEEP GOING DOWN, IT'S GONNA BE THIS HERE. YEP. SO AND SO THAT IS A VIEW COMING FROM THAT SIDE PRIVATE ROAD. AND THEN THAT WOULD'VE BEEN THE REED RANCH ROAD. AND THIS IS WHERE THEY WERE, THE PROPOSED DISTANCE, LOCATION AND THE HEIGHT OF THOSE, THOSE BLOCKS THERE, IS THAT THE, THAT'S NOT REPRESENTATIVE, IT'S JUST SHOWING KIND OF WHERE THAT DISTANCE IS FROM EACH SIDE OF THE, OF THE ROAD. OKAY. THAT'S, I WAS, THAT'S WHAT I WAS LOOKING FOR. YEAH. IT'S NOT A SIGN, THIS IS NOT A HEIGHT OR AREA SPACE. WELL THE HEIGHTS IS KIND OF, I MEAN, MAYBE ENGAGED IN PART OF THE DIALOGUE. SO I'M JUST TRYING TO UNDERSTAND. I SAW THE PICTURES DEFINITELY. OH, THOSE ARE REALLY BIG CLOSER TO, NO, THEY WERE JUST THERE TO KIND OF SHOW THAT PLACEMENT BETWEEN THOSE TWO PADS WHERE THAT PRIVATE ROAD, UH, IS LOCATED AND WHERE THAT'S MOVING UP FROM. 'CAUSE IT WOULD'VE BEEN OVER ON THIS SIDE. IT'S NOW MOVING UP TOWARDS THIS AREA. IF I WAS TO, AND THIS IS WHERE THE DESIGNATED AREA IS FOR PAD ONE CURRENTLY FROM BASED OFF THE MASTER SIDE PLAN. SO IF I WAS TO ASK FOR KIND OF AN ESTIMATE IN SIZE, DO YOU THINK IT'D BE BELOW SHOULD ON TWO COLORS? NO, THE BUT RIGHT THERE WITH, ON THAT PICTURE THERE. 'CAUSE I THINK THAT, THAT PICTURES PERTINENT TO ME. SO WOULD IT BE BELOW THE, THE SIGN HEIGHTS WOULD BE BELOW THOSE, OR YOU KNOW, HOW TALL IS THE SIGN IN? IS IT IT'S IN THE, UM, RIGHT HERE. UH, LET'S SEE, CAN YOU, I DUNNO IF YOU, I THINK 15, YEAH, 25. BUT THEN THE, THE UTILITY POLES ARE USUALLY 35. RIGHT? SO IT'S MAYBE 40. SO 15 FEET HERE AND 11 FEET. OKAY, THANK YOU. WITH THIS PIECE HERE. SO NO, IT WASN'T REPRESENTATIVE OF THAT. IT WAS JUST TRYING TO SHOW THE DISTANCE. IT WAS HARD TO DO WITHOUT BLOCKING THE ENTIRE AREA SO YOU COULDN'T SEE IT. CAN WE, CAN WE HAVE THE, THE CITY SIGN? OF COURSE INSPECTOR COME UP, UH, COMMISSIONER CRUZ TOO. OKAY. SO RIGHT NOW THERE'S NO SIGNS THERE. THEY'RE JUST TRYING TO PUT 'EM UP EVEN THOUGH THE BUILDING'S ALREADY DONE. IS THAT THE CORRECT UNDERSTANDING? CAN YOU PUT THIS UP PLEASE? YES, MS. CRUZ, THE SIGNS ARE NOT, NOT UP YET. ART, I'M THE CHIEF SITE INSPECTOR. SO THIS PROPERTY IS UNDER A SIGN MASTER PLAN AGREEMENT. SO WHEN IT WAS FIRST BROUGHT IN, EVERYTHING MET MET OUR SPECS, THEY HAD THE HIGHEST THAN THE, UH, SQUARE FEET. EVERYTHING MEETS THEIR SPECS. HOWEVER, THE CUSTOMER, AND ON THE ORANGE SLOT THERE, THAT'S THE ORIGINAL LOCATION UNDER THE S AND P, WHAT THEY DECIDED [02:30:01] TO DO WAS MOVE IT UP NORTH TO WHERE THE GREEN, THE GREEN SLOT. SO BY DOING THAT NOW YOU'RE GONNA HAVE A SPACING ISSUE BETWEEN THE GREEN AND THE PROPOSED, UH, SIGN. IT CAN SLIDE IT DOWN A LITTLE BIT SO WE CAN SEE THE RED, THE RED SIGN. YEP. SO THAT'S COMPRESSING YOUR SPACING. SO NOW THERE'LL BE A SPACING ISSUE. NOT RIGHT NOW, BUT WHENEVER THAT SECOND SIGN COMES INTO BE, UH, INSTALLED. SO THAT WILL HAVE A SPACING ISSUE AT THAT POINT. SO MY QUESTION IS THAT THIS ENTIRE PROPERTY IN THE SURROUNDING AREA BEING IN THE ETJ, I KNOW THE CITY HAS THE ABILITY TO LOOK IN THE ETJ SIGNS AND TREES, BUT IS THERE ANY DIFFERENCES IN THE SIGN CODE WHEN YOU'RE IN THE ETJ VERSUS WHEN, WHEN YOU'RE IN THE CITY LIMITS? NOT, NOT NECESSARILY. EVERYTHING IS BASED ON YOUR, YOUR STREET CLASSIFICATION. AND IS THERE ANY OVERLAY DISTRICTS IN THE AREA THAT NO SIR. THIS MAY NOT BE IN, BUT IT'S, YEAH, WHEN YOU SEE PETRANKO, THAT'S A MAJOR ROAD AND YOU KNOW, SO I WAS JUST WONDERING IF THERE WAS ANYTHING IN THE AREA. YES SIR. NO ZONING DOESN'T APPLY THERE AS FAR AS, UH, OVERLAYS IS. OKAY. ANY OTHER QUESTIONS? ALRIGHT, UH, LET'S HAVE THE APPLICANT COME FORWARD. HELLO. STATE YOUR NAME. TELL US ABOUT YOUR PROJECT. JD KELLER WITH KELLER SIGNS. UM, THANK YOU FOR HEARING THIS TODAY. THE OWNER WOULD'VE LIKED TO HAVE BEEN HERE, BUT HE'S ON SPRING BREAK THIS WEEK, SO WITH HIS FAMILY . UM, SO I'M HERE INSTEAD, UH, . EXACTLY. UM, BASICALLY WHAT WE, YOU MIGHT HAVE TO TILT THIS. OH, SORRY. YEAH, THERE YOU GO. UM, SO THEY'RE, UH, WHEN THEY WERE DEVELOPING THIS PROPERTY, IT USED TO BE LIKE ONE WHOLE PARCEL THAT, UM, THEY ENDED UP DOING A RETAIL CENTER UP FRONT AND THEY SOLD THE BACK PART TO BEIN'S AUTOMOTIVE AND BELDEN'S AUTOMOTIVE. WHERE WE'RE TRYING TO PUT THE SIGN IS IT'S ON THE SIDE OF WHERE YOU WOULD ENTER THE PROPERTY TO GO INTO THE AUTOMOTIVE DEALERSHIP SIDE. IT JUST DOESN'T REALLY MAKE SENSE TO PUT IT ON THE FAR END OF THE PROPERTY 'CAUSE THERE'S TREES BLOCKING IT AND IT JUST, IT REALLY DOESN'T WORK OVER THERE. SO WITHOUT A VARIANCE, THEY PROBABLY WON'T EVEN DO A SIGN TO BE HONEST WITH YOU OUT ON THE ROAD. UM, SO THEY, YOU CAN SEE WHERE THEY TURN IN OFF THE PRIVATE ROAD TO GO INTO BELDEN'S AUTOMOTIVE. WE'RE JUST TRYING TO GATHER THAT TRAFFIC FROM PETRANKO AND UM, TALLY ROAD TO WHERE THEY CAN SEE A A, A BELDEN'S AUTOMOTIVE FROM THAT INTERSECTION. UM, THE SIGN THAT WE'RE PROPOSING IS ONLY 15 FEET TALL. IT ACTUALLY SITS BELOW GRADE ABOUT FIVE, SIX FEET. SO FROM ABOVE, FROM A GRADE STANDPOINT, YOU'RE ONLY GONNA SEE, YOU KNOW, MAYBE EIGHT TO 10 FEET OF THE SIGN. UM, STICKING ABOVE GRADE. THE SIGN THAT IS ON THE MASTER SIGN PLAN THAT'S SHOWN IN RED ON THE DE ON THE DISPLAY RIGHT NOW, THAT IS FOR THE RETAIL DEVELOPMENT SIDE OF IT, UM, THAT THEY CAN PUT IN. THEY'RE NOT NECESSARILY GOING TO, BUT THEY HAVE IT THERE IN THEIR S AND P AS SOMETHING THEY COULD DO. BUT THAT'S A 40 FOOT TALL SIGN THAT THEY CAN DO THERE. NOT ANYWHERE CLOSE. LIKE WE'RE GONNA BE REAL LOW TO THE GROUND. OKAY. UM, STAFF, IS THERE ANY VOICEMAILS ANYONE SIGNED UP TO SPEAK? WE GOT, UH, ONE VOICEMAIL, ONE SPEAKER. ALRIGHT, WELL, LET'S SEE. LET'S, LET'S HEAR FROM, UH, PUBLIC COMMENT AND THEN WE'LL SEE IF WE HAVE ANY QUESTIONS FOR THE A OKAY. HELLO, GOOD AFTERNOON BOARD. MY NAME IS JAMES WILLIAMS. I LIVE AT 1 2 8 5 3 ARIZONA RANCH. SO MY PROPERTY IS RIGHT ACROSS FROM WHERE THE PROPOSED, UH, MASTER PLAN SIGN IS TO BE PLACED. UM, I'M ACTUALLY IN FAVOR OF, UM, THE PROPOSED SIGN LOCATION, UM, BE THAT BEING SAID, UM, BEING THAT WE ARE A RESIDENTIAL NEIGHBORHOOD RIGHT HERE, UM, I DO HAVE THE ENJOYMENT OF, UH, LOOKING OUTSIDE MY PATIO AND LOOKING OUTSIDE FROM MY TOP BALCONY AND NOT SEEING ANY OBSTRUCTION OR SIGN SIGNAGE THERE AS A RESIDENT AND A PROPOSED LONG-TERM RESIDENT AT THAT. UM, SO BOUGHT, I BOUGHT THIS HOME FIVE YEARS AGO. IT HAS GONE THROUGH A LOT OF DEVELOPMENTS. UH, BUT THAT BEING SAID, I DO ENJOY THE FACT THAT, UM, BEING A HOMEOWNER COMING OUTSIDE MY HOME, I DON'T, I DON'T SEE A SIGN IN THE, UH, MASTER PLAN AGREEMENT. SO, UH, THAT BEING SAID, UM, I HOPE YOU GUYS CONSIDER, UH, THE PROPOSAL TO HAVE IT, UM, FOR THIS, UH, PROPOSAL SIGN, LOCATION BEING CHANGED, UM, JUST AGAIN TAKING ATION, UH, THE NEIGHBORS HERE AND WHERE WE LIVE. UM, AND THAT'S PRETTY MUCH, AND LIKE I SAID, THESE PICTURES HERE, THIS IS JUST FROM THE TOP BALCONY ON THE LEFT IS MY BALCONY WHERE I SEE, AND THEN RIGHT THERE THE PICTURE ON THE RIGHT IS MY HOME IN THE YARD THERE. SO AS YOU CAN SEE THERE ARE, THERE'S BUILDINGS THERE, BUT THERE'S NOTHING THAT'S OBSTRUCTING [02:35:01] OR, OR, UH, I GUESS DISTRACTING IF YOU, IF YOU WOULD SAY, UM, SO THAT, THAT'S MY TIME. I APPRECIATE IT. ANNA. COMMISSIONER MANON, COULD YOU, COULD YOU IDENTIFY THOSE TWO STREETS OR THAT CROSS STREET RIGHT THERE SO I CAN FIGURE OUT WHERE, WHERE IT IS THAT WE'RE TALKING ABOUT? YES SIR. SO THE STREET RIGHT HERE, UM, THE, OH, I'M SORRY ABOUT THAT. THANK YOU SIR. APPRECIATE IT. THE STREET RIGHT HERE, THIS IS GONNA BE JEFF RANCH AND THEN THE STREET WHERE THE STOP SIGN IS RIGHT HERE GOING NORTHBOUND, THAT'S REED RANCH RIGHT THERE. AND THEN SO AND SO FROM HERE, WHERE, WHERE IS THE SIGN? WHERE WAS THE SIGN GONNA BE AND WHERE IS THIS? IT APPEARS THAT THEY WANT TO PUT THE SIGN HERE. NO, THAT'S WHERE, OH, THAT'S WHERE IT WOULD'VE BEEN MOVED. THAT'S, THAT'S WHERE IT'S APPROVED TO GO. OKAY. THE S AND P RIGHT. WE'RE MOVING IT TOWARDS PAT. OKAY. YEAH, YEAH, THEY WANNA MOVE IT TOWARDS PAT, WHICH I'M IN FAVOR OF. PERFECT. OKAY, SIR, I'M JUST TR TRYING TO ORIENT MYSELF THERE FOR YOUR MAP. PERFECT. YES SIR. THANK YOU. YES, SIR. APPRECIATE, THANK YOU. CAR COMMISSIONER CRUZ, I'VE GOT A QUESTION FOR THE APPLICANT. YES, MA'AM. OKAY. YES MA'AM. SO YOU'RE PUTTING UP ONLY ONE SIGN OR TWO? JUST ONE SIGN. JUST ONE SIGN. OKAY. I CAN HANDLE THAT. THANK YOU UNA. SO THIS, THIS IS AN AMENDMENT TO THE OVERALL MASTER SIGN, MASTER PLAN, RIGHT? SO THE, THE RETAIL, IT'S NOT AN AMENDMENT TO THE MA MASTER PLAN, I'M JUST TRYING TO UNDERSTAND THAT. ARE WE, THE AMENDMENT WILL BE FOR THE SPACING OR FOR THE, THE PLAN ITSELF, IT'LL BE AN AMENDMENT THEN NOT, NOT FOR THE SIZE OF THE SIGN. IT IS JUST A MATTER ON THE SIDE PLAN AMENDING THE SIGN INSTEAD OF BEING AT THE LOWER END OF THE, OF THE PROPERTY, MOVE IT UP NORTH. SO THE THE RED SIGN HERE ON THAT EXHIBIT WON'T, WON'T BE IMPACTED. I MEAN, THEY'LL BE ABLE TO BUILD THAT. WELL THE, THE RED SIGN IS THE ONE THAT'S GONNA BE HAVING A SPACING ISSUE IN THE FUTURE WHEN THEY DO DECIDE TO BUILD THAT SIGN. SO RIGHT NOW THEY, THEY WANNA BE ABLE TO ASSURE THAT WHEN THAT TIME COMES, THE, THE, THE PROBLEM IS, IS THAT YOU'RE USING A RED AND THEN ON THE OTHER ONE YOU'RE USING IT'S GREEN AND SO IT MIGHT BE . YEAH, YEAH. SO SO THE SIGN ON, ON PAD FOUR, THAT'S GONNA BE, UM, THEY WOULD NOT BE ABLE TO BUILD THAT RED SIGN. THEY WOULD NOT NORMALLY BE ABLE TO, THEY'D HAVE TO MOVE IT DOWN TO THE, TO THE CORNER NEAR THE HOME? NO, NO, NO. I'M TALKING ABOUT THE RETAIL, THE RETAIL PROCESS. OH, THE RETAIL CAN PUT IT THERE BECAUSE THEY, IT IS AN APPROVED MASTER SIGN LAYOUT. THEY CAN PUT THEIRS THERE, BUT THEY'RE TRYING TO CHANGE THE MASTER SIGN PLAN. THAT'S WHAT WE'RE DOING. THAT'S WHAT I'M SAYING. WE'RE MODIFY BECAUSE THAT IMPACTED, WELL THE, THE PAT A PAT ONE, THE RED SIGN THAT IF WE WERE TO APPROVE THE S AND P RIGHT NOW THAT, I MEAN THE SPACING ISSUE, IT WOULD BE ABLE TO GO UP THERE, BUT IF IT GETS DENIED, THEN HE WOULD HAVE TO GO BACK AND PUT UH, THE SIGN ON PAT FOUR BACK TO THE ORIGINAL LOCATION. YEAH, SO WE DON'T, THIS BOARD DOESN'T APPROVE THE MASTER SITE PLAN? NO, WE'RE JUST APPROVING THE ABILITY FOR THEM TO MOVE IT. THE SPACING ISSUE, THE PACING, THAT'S WHY WE ADDRESS IT. THE S BUT IT DOESN'T IMPACT THE CURRENT RED SIGN. UM, THAT'S DOES NOT IMPACT TO BE FUTURE. IF WE, IF WE APPROVE THIS, THAT 75 FOOT WON'T COME INTO PLAY BECAUSE IT'S PART OF THE ORIGINAL PLAN. CORRECT. OKAY, THANK YOU. THAT'S WHAT I WAS TRYING TO SAY. OKAY. , ANY OTHER QUESTIONS? AND THERE'S A VOICEMAIL I UNDERSTAND. LET'S HEAR IT. MY NAME IS TRAYVON WILLIAMS. UM, I'M CALLING IN REGARDS TO CASE NUMBER. THE LAST THREE ARE GONNA BE ZERO TWO ONE. UM, MY TELEPHONE NUMBER IS (510) 219-6218. UM, I LIVE AT THE HOME, UH, THE ADDRESS IS ONE TWO. CAN YOU PAUSE THAT REAL QUICK? FIVE FOUR OH ZONA RANCH. IS THAT, IS THAT YOU? IS THAT YOU SIR? NO, MY NEIGHBOR ACROSS THE STREET FROM. OKAY. OKAY. CONTINUE ON SAN ANTONIO, TEXAS. ZIP CODE 7 8 2 4 5. JUST CALLING, UM, TO LET YOU GUYS KNOW, UH, THAT WE ARE IN FAVOR WITH BUILDING TO HAVE THE SIGN PLACED ON WHERE BUILDING WANTS IT, UM, PLACED AT. WE DO NOT WANT THE SIGN PLACED WHERE THE SITE MANAGER DOES. UM, AGAIN, WE ARE THE HOMEOWNERS HERE AT, UM, THE ADDRESS OF 1 2 8 5 4 OZONE RANCH, SAN ANTONIO, TEXAS 7 8 2 4 5. THANK YOU. ALRIGHT. UM, IF THERE'S NO OTHER QUESTIONS, I'M LOOKING FOR A MOTION. OKAY. MANAM COMMISSIONER MANNA, UH, REGARDING CASE NUMBER BO 8 2 5 1 0 3 0 0 0 2 1. I'M MOVED THAT THE BOARD OF ADJUSTMENT GRANTOR REQUESTS FOR A 75 FOOT VARIANCE FROM THE MINIMUM 150 FOOT SIGN DISTANCE TO ALLOW A 75 FOOT SIGN SEPARATION DISTANCE SITUATED AT 1 2 9 6 5, UM, UH, REED RANCH ROAD. APPLICANT BEING KELLER CUSTOM SIGNS BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACT THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTERS PROPERTY SUCH A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THE REQUESTED VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. AS REDUCED SIGN, THE REDUCED MINIMUM SIGN DISTANCE FROM 150 FEET TO SEVEN FIVE FEET WOULD NOT INVEST IN ADVERSELY IMPACT [02:40:01] THE PRE-DESIGNATED SIGNAGE LOCATIONS FOR A BUDDING CONFRONTING CON OH MAN, UH, FOR A BUDDING CONFORMING PROPERTIES, SORRY, TWO, DUE TO SPECIAL CONDITIONS THAT LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD HAVE TO ADJUST THE CONFIGURATION LOCATION OF THE PROPOSED SIGN TO CONFORM TO THE 2022 SIGNED MASTER PLAN AGREEMENT OF PETRANKO AND REED ROAD. THREE, BY GRANTING THE VARIANCE OF SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED VARIANCE APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE AS REDUCED SIGN DISTANCE WOULD, UH, NOT INJURE NEIGHBORING PROPERTIES IN THE SURROUNDING AREA. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH IS VARIANCES LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED. GRANTING A VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENTS PERFORMING PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH IS PROPERTY IS LOCATED. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE AS 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, ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED. THE APPLY TO THE OWNER OF THE PROPERTY FOR WHICH IS VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND ARE NOT MERELY FINANCIAL IN THE MOTION. SECOND. SECOND BY COMMISSIONER CRUZ. COMMISSIONER MANNA. YEAH. SO I'LL BE VOTING IN FAVOR OF THIS FOR, UM, SO, SO ONE IS THAT, YOU KNOW, WE HAVE THE COMMUNITY KIND OF SAYING, YOU KNOW, WHENEVER I LOOK AT SIGN ORDINANCES, MY DIALOGUE IS A LOT OF TIMES WHAT IS THE VISUAL IMPACT TO THE, THE COMMUNITY AROUND THEM. AND, YOU KNOW, WE HAD THE COMMUNITY SAYING THEY ACTUALLY WANT THIS. UM, SO, SO THAT'S A GOOD PIECE ALREADY. AND THE SECOND PIECE IS, YOU KNOW, UM, THIS, WE AREN'T CHANGING THE NUMBER OF SIGNS, THEY'RE SMALL SIGNS. AND I WANTED TO STRESS A WHOLE LOT WITH REGARDS TO THAT PICTURE THAT SHOWED 'EM SIDE BY SIDE. AND TO ME IT DIDN'T LOOK LIKE IT WAS GONNA BE A, A, UH, YOU KNOW, A A MONSTROUS, YOU KNOW, BLANKING IN THE SKY. SO, SO IT LOOKS LIKE, YOU KNOW, NOT AN, IT LOOKS LIKE AN APPROPRIATE USE FROM MY PERSPECTIVE. SO I'LL BE VOTING IN FAVOR. ALL RIGHT, COMMISSIONER CRUZ? YES, I AGREE WITH MR. MANNA. WITH, WITH IT JUST BEING THE ONE SIGN AND WHERE IT'S, EVEN THOUGH IT'S A LITTLE BIT OVER, IT STILL WILL BE IN A GOOD SPOT. THANK YOU. ANYONE ELSE LIKE TO ADD? UH, I'M JUST GONNA SAY I'LL BE IN SUPPORT. UM, AND, AND, AND WHETHER THE RESIDENT THAT SHOWED UP SPOKE OR NOT, I MEAN, I WOULDN'T WANNA SIGN ACROSS THE STREET FROM MY HOUSE LIKE THAT. SO I THINK THIS IS A, A GOOD MOVE. UM, SO LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ. UNMUTE YOURSELF, SIR. MR. VASQUEZ, CAN YOU SAY AGAIN, THUMBS UP? I CAN'T HEAR YOU. COMMISSIONER EZ? YES, I CONCUR. I HEARD HIM. I GOT YOU. MR. VASQUEZ. VASQUEZ CONCUR. I GOT YOU MR. VASQUEZ. MS. COMMISSIONER BROWN. I CONCUR. CHAIR ORIAN AND I CONCUR THE FINDINGS OF FACT. UH, MOTION PASSES. SO THANK YOU. NEXT ITEM. ITEM NINE. ALL RIGHT, GOOD? YEAH. OKAY, ITEM NUMBER NINE, BO OA DASH TWO FOUR DASH 1 0 3 0 0 2 3 7. ADDRESS IS 27 0 3 WEST WOODLAWN AVENUE COUNCIL DISTRICT SEVEN APPLICANT IS DIANA LOPEZ. A REQUEST FOR A THREE FOOT SIX INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A CARPORT TO BE SIX FEET, SIX INCHES FROM THE FRONT SETBACK. ZONING IS RM FOUR. THIS IS LOCATED IN NCD SEVEN. SUBJECT PROPERTY IS LOCATED EAST OF BANDERA ROAD AND WEST WOODLAWN INTERCHANGE ON THE CORNER INTERSECTION OF WEST WOODLAWN AVENUE AND MORNING GLORY DRIVE. ON JULY 1ST, 2024, CODE ENFORCEMENT RESPONDED TO A CITIZEN CALL FOR AN ATTACHED CARPORT CONSTRUCTED WITHOUT A PERMIT. FURTHER INVESTIGATION DETERMINED THAT THE CARPORT DID NOT MEET THE FRONT, UH, THE FRONT SETBACK REQUIREMENTS. THE APPLICANT BEING THE PROPERTY OWNER IS REQUESTING THE THREE FOOT SIX INCH VARIANCE TO ALLOW THE ATTACHED CARPORT TO REMAIN SIX FEET, SIX INCHES FROM THE FRONT SETBACK. PERMITS ARE PENDING THE OUTCOME OF THE BOARD OF ADJUSTMENT. THIS IS A SITE PLAN OF THE PROPERTY. UM, [02:45:01] THIS IS GONNA BE MULTIPLE VIEWS OF THIS PROPERTY. SO THE THE TOP ONE IS FROM WEST WOODLAWN, WHERE THEY'RE CURRENTLY CONSTRUCTING THE CARPORT IN THIS IMAGE. AND THEN, UH, THE OTHER ONE AT THE BOTTOM IS OFF OF MORNING GLORY STREET AS THIS IS A DUPLEX AND THIS IS HISTORICAL VIEW OF THE PROPERTY FROM 20, UH, 2007 TO 2022. AND THIS IS A SUBJECT PROPERTY CURRENTLY WITH THE CARPORT ATTACHED THIS, IT VIEWS THE CARPORT IN RELATION TO THE FRONT SETBACK AND WEST WOODLAWN WITH THE OVERHANG MEASUREMENT AND SURROUNDING AREA STAFF. RECOMMENDATION FOR THE FRONT SETBACK STAFF RECOMMENDS DENIAL AND BOA DASH 24 DASH 0 3 0 0 2 3 7 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE REDUCE FRONT SETBACK IN JURORS NEIGHBORING PROPERTIES IN THE SURROUNDING AR AREA. AND TWO, THE STRUCTURE IS TOO CLOSE TO THE PROPERTY LINE AND DOES NOT PROVIDE SUFFICIENT SEPARATION BETWEEN THE STRUCTURE AND THE RIGHT OF WAY. STAFF MAILED 19 NOTICES. FIVE WERE IN FAVOR. FIVE WERE IN FAVOR OUTSIDE THE 200 FEET ZERO IN OPPOSITION. AND THERE WAS NO RESPONSE FROM THE JEFFERSON NEIGHBORHOOD ASSOCIATION OR THE WOODLAWN LAKE NEIGHBORHOOD ASSOCIATION. THIS WAS A PETITION OF THOSE THAT WERE IN FAVOR. THIS PROPERTY HERE IS A COMBINED ONLY BECAUSE THIS IS A DUPLEX NEXT DOOR. AND THAT CONCLUDES STAFF'S PRESENTATION. SO YES, I'VE NEVER SEEN A PICTURE OF IT, OF A ONE BEING CONSTRUCTED AND THEN IT WAS, YEAH, WHEN YOU PULL UP GOOGLE MAPS, YOU'LL SEE IT ACTUALLY IN THE CONSTRUCTION FACE. SO YOU DIDN'T, THAT'S NOT YOUR PICTURE. YOU TOOK THAT FROM GOOGLE. WELL, OUR PICTURE WAS THE ONE AFTER WAS CONSTRUCTED. OKAY. YES. THIS IS A GOOGLE IMAGE FROM 2024 AS IT WAS BEING CONSTRUCTED. I JUST WANTED TO MAKE SURE. ALL RIGHT. THIS ADVOCATE COME. YES, THEY TOOK THE PICTURE. HI, HOW ARE YOU? CAN YOU PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CARPORT? UH, MY NAME'S DIANA LOPEZ. I'M HAPPY TO MEET YOU ALL HERE. IT'S, UH, VERY DAUNTING TO BE IN FRONT OF ALL OF Y'ALL. ALL BECAUSE MY CARPORT CAUSED ALL THIS DRAMA AND I AM RETIRED, HAVE LIVED THERE AT THIS ADDRESS FOR 30 PLUS YEARS. NEVER HAVE I MADE ANY, UM, IMPROVEMENTS IN THE HOUSE OTHER THAN BASIC, UH, YOU KNOW, CHANGING OF, OF, UH, FAUCETS AND BATHROOMS AND FIX THE TOILET, I MEAN THE SHOWER. SO THIS WAS MY FIRST FORAY INTO GETTING SOME IMPROVEMENT BECAUSE I'VE BEEN RETIRED NOW FOR 10 YEARS AND I THOUGHT, YOU KNOW, I NEVER HAD A NICE HOME WHILE I WAS LIVING HERE. LET ME LEAVE WHEN I DIE A NICE HOME. AND CONSEQUENTLY, THIS WAS THE UPSHOT OF MY ENDEAVOR. ALRIGHT, SO, WELL, LET'S SEE IF WE HAVE ANY QUESTIONS. UM, ANY QUESTIONS FROM THE COMMISSION? I'LL START OFF. I'M, I'M, I'M JUST GONNA SAY IT'S A, IT'S A VERY UH, UH, IT BLENDS IN WITH THE HOUSE VERY WELL. IT'S ACTUALLY VERY ATTRACTIVE AND IT'S NOT TOO OVER THE TOP. SOMETIMES WE SEE SOME THAT ARE 50 FEET WIDE AND THIS ONE JUST SEEMS TO BE A SINGLE CAR GARAGE. UM, AND IT LOOKS LIKE IT'S A GOOD DISTANCE AWAY FROM THE BACK OF THE SIDEWALK THAT'S SEPARATED FROM THE CURB. SO THAT'S IT. THAT'S GOOD. IT'S STAFF. IS THERE ANYONE SIGN UP TO SPEAK OR VOICEMAILS? NO PUBLIC COMMENT. ALRIGHT, ANY OTHER QUESTIONS? COMMISSIONER MANNA? DO SO, UM, DO YOU KNOW HOW DEEP IT IS? SO I WAS TRYING TO LOOK AND I DIDN'T SEE THE PLAN. SO ABOUT THE WIDTH OF THE LENGTH OF A CAR OR THE CAR STICK OUT AT ALL, OR, YOU KNOW, WHAT'S, WHAT'S THE DEPTH OF THE CARPORT ITSELF? HOW DEEP IS IT? THE CARPORT ITSELF IS, IS THE, ABOUT A VEHICLE AND A HALF LENGTH. SO EVEN IF A CAR PARKED BEHIND IT, IT WOULD, UM, IMPACT THE, THE SIDEWALK. UH, THEY WOULD HAVE TO GO EITHER OUT INTO THE STREET TO PASS IT OR IF THERE'S ROOM BEFORE THE FRONT VEHICLE AND THE BACK VEHICLE, UM, THEY COULD PASS THROUGH THAT WAY. BUT WE TRY NOT TO DO THAT, NOT TO COMPROMISE TO THE SIDEWALK. WELL, BUT I CAN'T TELL YOU THE DIFF BECAUSE THAT'S MY, THAT'S NOT MY FORAY. . WELL IT LOOKS LIKE IT, UH, IF I HAD TO GUESS, IT LOOKS LIKE IT'S ABOUT 22, 23 FEET MAYBE LONG. UH, GOOD LORD. OKAY. MORE THAN A CAR LENGTH. OKAY. WE HAVE ONE VEHICLE. WE ONLY [02:50:01] KEEP ONE VEHICLE THERE. OKAY. THIS IS MY DAUGHTER. OKAY. IT'S NOT A BIG LARGE TRUCK OR ANYTHING? NO. UHHUH? NO. OKAY. OKAY. ALRIGHT. ANY OTHER QUESTIONS? MANNA COMMISSIONER MANNA? SO, UM, YEAH, I'M TRYING TO REC RECONCILE THE OVERHEAD PICTURE. AND IS THERE, IS THERE, WAS THERE A CARPORT BEFORE KIND OF TOWARDS THE BACK OR IS IT ENCLOSED GARAGE OR WHAT? THERE'S ANOTHER STRUCTURE THERE. IT'S, IT'S AN ENCLOSED GARAGE AND IT'S STILL BEING UTILIZED AS A GARAGE. OKAY. BUT BECAUSE, UH, IT'S EASIER WHEN YOU HAVE GROCERIES OR WHEN YOU HAVE PACKAGES TO LEAVE THE CAR OUT INSTEAD OF, AND COME THROUGH THE FRONT DOOR, THEN PUT THE, THE CAR, PARK, THE CAR IN THE GARAGE AND THEN GO THROUGH THE BACK AND OPEN THE BACK, UH, DOOR. AND ALSO IT, IT, UH, WITH BAD WEATHER, INCREMENT WEATHER WILL ALWAYS, YOU KNOW, AFFECT YOU WHEN YOU'RE COMING OUT OF THE VEHICLE. AND, AND THAT'S, THAT WAS A PLUS IN GETTING US TO AT LEAST GET OUT OF THE VEHICLE AND NOT BE STANDING THERE IN, IN THE, WE IN THE BAD WEATHER. AND JUST TO POINT OUT, THERE'S A COUPLE LIGHTS THAT ARE, THAT ARE NOT ASSOCIATED WITH THE CARPORT THAT MAKE IT LOOK LIKE THEY'RE THE POSTS OF THE CARPORT THAT WHEN I FIRST SAW THE PICTURE. BUT THAT CARPORT, IF IT'S 6.6 FEET AWAY FROM THE PROPERTY LINE, IT HAS TO BE AT LEAST 6.6 FEET AWAY FROM THE BACK OF THAT SIDEWALK, WHICH IS IN THE STREET. SO JUST TO GIVE YOU SOME IDEA OF HOW DEEP IT IS, I HAVE THE SQUARE FOOTAGE FRONT THAT WAS PROVIDED BY THE APPLICANT. OKAY. OKAY. SO THE SQUARE FOOTAGE OF THE NEW CARPORT IS 11 FEET, FOUR INCHES WIDE, 22 FEET LONG, AND 250 SQUARE FEET, UH, TOTAL. RIGHT AS A CLOSE CASE. AND I GAVE HER THOSE NUMBERS. THAT'S TRUE. THAT'S WHAT I WAS TRYING TO FIND THEM FOR YOU. UM, BECAUSE WE DID HAVE TO VERIFY THROUGH THE NC D SEVEN TO VALIDATE THAT THEY DIDN'T HAVE ANY ISSUES IN THAT NCD. AND SO WE DIDN'T, THAT'S WHY WE DIDN'T HAVE TO ADD ANYTHING TO IT. THEY MET THE, THE EVERY OTHER ISSUE THAT MAY HAVE COME WITH THIS CARPORT. OKAY. UM, SO, SO THAT, SO THAT'S WHAT I WAS WONDERING. SO THAT'S WHY I WAS KIND OF ASKING SOMEONE'S QUESTIONS. SO, SO FROM THE NCD PERSPECTIVE, UM, YOU KNOW, THAT'S, THAT FITS, THAT'S COMPLIANT WITH REGARDS TO THAT WAS WE HAD THIS VERIFIED BY OUR NCD FOR THE NNC D SEVEN, AND WE, THEY ASKED ABOUT THE PITCH OF THE CARPORT AS OPPOSED TO THE MAIN BUILDING AND THEN THE SQUARE FOOTAGE, AS WELL AS THE USAGE OF THE GARAGE AND THE ADDITIONAL CARPORT AND EVERYTHING CLEARED THROUGH THAT. SO WE WERE JUST LOOKING AT THE FRONT SET BACK AT THIS POINT. ALRIGHT, BONNI? YES. COMMISSIONER BONNI. IS THIS A DUPLEX? YES, IT IS A DUPLEX. THEN I GUESS THAT, SO THAT BACK CARPORT IS FOR 1 1, 1 OF THE, I'M FORTUNATE ENOUGH TO HAVE A PROPERTY THAT'S ON THE CORRIDOR, WHICH AFFORDS PRIVATE ENTRANCE TO BOTH, UH, TENANTS, WHICH IS ME AND MY DAUGHTER. UM, CAN YOU SPEAK INTO THE MICROPHONE? OH, I AM SO SORRY. I ALWAYS THOUGHT I SPOKE SO LOUD. WIMPY. THE DUPLEX IS LHA. OH, HOLD ON, HOLD ON. SORRY. IT'S OKAY. SO WE, UM, THE CAR, UH, THE CARPORT ON THE OTHER SIDE, WHICH I RESIDE IN IS, HAS, WAS THERE WHEN I FIRST MOVED IN 30 YEARS, UH, AGO. AND THE GARAGE EXISTED ON THE, THE SIDE THAT THE CARPORT WAS, UH, CONSTRUCTED. AND, UH, BUT THE ONE IN THE, IN, IN, UH, ON THE OTHER SIDE, THE CARPORT THAT WAS ALREADY THERE WAS ALWAYS, HAS ALWAYS BEEN UTILIZED AND, BUT THERE WAS NO CARPORT ON THIS SIDE. SO IT'S A DUPLEX OF TWO DIFFERENT DRIVEWAYS AND NOW TWO DIFFERENT CARPORTS. YES. OKAY. ALRIGHT. AND I JUST WANNA, UH, POINT OUT THAT THE PICTURE THAT SHOWS THE, THE CONSTRUCTION ONGOING FROM WHAT I READ, WHICH I DIDN'T, I WASN'T AWARE OF THE, APPARENTLY A NEIGHBOR FILED A COMPLAINT THAT WE WERE BUILDING THIS WITHOUT A PERMIT, HOW THEY WERE OF, UH, AWARE THAT IS BEYOND ME, BUT PEOPLE HAVE THE WAYS OF DOING THINGS. AND SO THAT WAS, THEN THE OTHER PICTURE IS THE, AFTER THE CARPORT WAS COMPLETED. ALRIGHT, WELL, THANK YOU. ANY OTHER QUESTION, COMMISSIONER MANNA? SO, UM, QUESTION FOR CITY STAFF. SO, SO THE NCD, WHAT IS THE, WHAT IS THE BOUNDARY OF THE NCD LONG, UH, WOOD LONG, YOU KNOW, 'CAUSE YOU KNOW, THIS PART, THIS PART OF THE WOODLAWN IS NOT, NOT ACROSS FROM THE LAKE, WHICH I THINK IS A LOT MORE PROTECTED. UM, AND RIGHT ACROSS FROM THE ARCHDIOCESE. RIGHT. AND PARDON ME. SO, SO, SO THE, SO AN NCD, ARE YOU FAMILIAR WITH AN NCD? NO. SO NCD BASICALLY PROVIDES SOME GOVERNANCE OVER WHAT IS IT THAT YOU CAN, HOW IT IS THAT YOU CAN DEVELOP YOUR HOUSE AND MAKE CHANGES TO IT. SO ONCE IT WANTS TO PROTECT THE COMMUNITY IS KIND OF THE DIALOGUE. AND SO I ALWAYS LIKE TO PROTECT THE COMMUNITY. AND SO, SO, YOU KNOW, TO BE HONEST, THIS IS LIKE THE ONLY, ONLY [02:55:01] CAR I SAW. I FOUND KIND OF, OF ONE OTHER CARPORT HERE, BUT I DIDN'T SEE ANY OTHER CARPORTS ON WOODLAWN. AND SO, SO MY, MY FEAR WOULD BE THAT WE START A TREND AND I WOULD HATE TO SEE THAT HAPPEN. BUT, BUT, YOU KNOW, I JUST WANTED TRY TO FIND OUT WHERE THIS IS WITH REGARDS TO THE NCD AND THE JEFFERSON NEIGHBORHOOD. UM, NEIGHBORHOOD CONSERVATION DISTRICT STOPS ACROSS THE STREET, AND THAT'S WHEN WOODLAWN LAKE NEIGHBORHOOD CONSERVATION DISTRICT STARTS. ALL RIGHT. ANY OTHER QUESTIONS? ALL RIGHT, I'M CONFUSED HERE. IS THE CARPORT STICKING OUT TOO FAR FROM THE HOUSE? SO THE CARPORT IS REQUIRED TO BE, UH, 10 FEET AWAY TO THE SUPPORT POSTS. THAT'S WHERE IT'S MEASURED FROM, FROM THE PROPERTY LINE. SO THE BACK OF THAT SIDEWALK THAT YOU'RE SEEING IS BASICALLY THE PROPERTY LINE. OKAY. AND RIGHT NOW, THE CARPORT, INSTEAD OF HAVING THOSE SUPPORT POSTS, UH, THAT YOU CAN SEE ON THE FRONT THERE, INSTEAD OF THEM BEING 10 FEET AWAY FROM THE SIDEWALK, THEY'RE SIX AND A HALF FEET AWAY FROM THE SIDEWALK. SO THEY'RE THREE, THEY'RE THREE AND A HALF FEET, BASICALLY. A LITTLE BIT TOO CLOSE TO THE SIDEWALK. BUT IT DOESN'T, IT DOESN'T APPEAR ON THE PITCHES TO BE IMPACTING THE SIDEWALK AT ALL. IT'S NOT, IT'S NOT AT ALL. BUT THE CODE SAYS THEY'RE SUPPOSED TO BE 10 FEET AWAY. BUT, UM, ON THE OTHER HAND, IF THEY WERE TO TAKE THE POST AND SHIFT THEM BACK THREE AND A HALF FEET, THEY WOULDN'T HAVE TO COME HERE AT ALL. SO, YOU KNOW. YEAH. SO WITH THAT, IF THERE'S ANY OTHER QUESTIONS, WELL, IS IT A POSSIBILITY THAT SHE COULD DO THAT? IT CAN YOU DO THAT, MA'AM? UM, I DON'T KNOW. UM, NOT, UM, I, I WOULD, I'D JUST LIKE TO SAY THAT, UM, A A NEIGHBOR DOWN THE STREET ON MORNING GLORY HAD A CARPORT INSTALLED. WE LIKED IT. WE ASKED WHO THE BUILDER WAS, WE GOT THE BUILDER, CAN YOU SPEAK INTO THE MICROPHONE FOR, WE GOT THE BUILDER TO COME AND LOOK AT US AND GIVE US A QUOTE ON HOW MUCH IT WOULD COST TO GO AHEAD. IT PUT THIS UP. AND IN THE MEANTIME, WHILE THIS WAS GOING ON AND THEREAFTER, AND ALSO, WELL, AS THEY GOT CLOSER TO COMPLETION, WE HAD SO MANY PEOPLE STOP AND ASK WHO BUILT THAT? APPARENTLY IT'S AESTHETIC ENOUGH TO GARNER THE APPROVAL OF ANYONE THAT PASSES BY. OKAY. SO THE, THE, THE ISSUE REALLY IS WHETHER OR NOT I CAN MOVE THAT BACK. AND, YOU KNOW, IF, I GUESS IF YOU THROW ENOUGH MONEY AT IT, YOU CAN PROBABLY DO ANYTHING. BUT THAT'S, THAT'S THE, WHAT'S THE MATTER HERE WITH ME. I AM ON SOCIAL SECURITY AND, UH, JUST WITH ENOUGH SAVINGS TO HAVE GOTTEN THAT DONE AND PAID FOR AND TO DO THAT. I MEAN, I AT ONE POINT WANTED TO GET MY CANE AND JUST KNOCK THE PITCH AND, AND, AND JUST, UM, THAT WAS, THAT WAS JUST . I WAS WELL AWARE OF. YOU WERE THERE. SO, SO, SO AS A NOTE, YOU SHOULD CALL ALL THOSE NEIGHBORS THAT ASKED YOU AND TOLD 'EM IT WAS ILLEGALLY DONE. WELL, BECAUSE IT'S ILLEGAL, YOU KNOW, AND SO WE DON'T WANNA ENCOURAGE THAT AT ALL WITH ANY DEVELOPER OR, OR ANY BUILDER. AND SO, SO THAT'S A CHALLENGE THAT WE HAVE THAT PEOPLE ARE GOING, THAT'S, WE SHOULD HAVE GOTTEN FROM THE FIRST, UH, UH, REF, FROM THE FIRST NEIGHBOR THAT HAD THAT PUT UP. AND EXACTLY, BECAUSE HE DID GET INTO AN ISSUE WITH NO, NO, UH, PERMIT BECAUSE THIS, THIS JOE BLOW THAT WE GOT THAT DID THIS, ALTHOUGH HE DID BEAUTIFUL WORK, UM, DIDN'T DO HIS DUE DILIGENCE OR DIDN'T CARE YEAH. ABOUT GETTING THE PERMIT. OKAY. SO WE'RE GOING TO GO AHEAD AND KEEP THIS GOING. AND ONE MORE QUESTION. SO SORRY. SO WAS THAT OTHER HOUSE ON, UM, ON WOODLAWN AS WELL, OR IT'S ON MORNING GLORY. OKAY. THANK YOU. OKAY. SO YES, STEVENS, IT'S COMMISSIONER STEVEN. I'D BE HAPPY TO MAKE A MOTION. YES, PLEASE DO. REGARDING CASE NUMBER BO EIGHT DASH 24 DASH 1 0 3 0 2 3 7, I MOVE THAT THE BOARD OF ADJUSTMENT GRANITE REQUEST FOR THREE FOOT SIX INCH VARIANCE FROM THE MINIMUM 10 FOOT, 10 FOOT FRONT SETBACK TO ALLOW CARPORT TO BE SIX FOOT SIX INCHES FROM THE FRONT SETBACK SITUATED TWO SET 2 7 0 3 WEST WOODLAWN AVENUE, APPLICANT BEING DIANE LOPEZ. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIPS. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE REQUESTED VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST, AS THE REDUCED FRONT SETBACK PROVIDES SUFFICIENT SEPARATION BETWEEN STRUCTURE PROPERTY LINE AND RIGHT OF WAY. TWO, DUE TO SPECIAL CONDITIONS OF LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD'VE TO ADJUST THE CONFIGURATION OF THE CARPORT TO MEET THE FRONT SETBACK REQUIREMENTS. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED [03:00:01] FRONT SETBACK VARIANCE APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE AS THE REDUCTION OF THE FRONT SETBACK REQUIREMENT WOULD, WOULD NOT INJURE NEIGHBORING PROPERTIES IN THE SURROUNDING AREA. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF, UH, USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORM PROPERTY OR ALL TO THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. GRANTING THE VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. SIX. THE PLEDGE OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO 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 TO DO IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, ARE NOT MERELY FINANCIAL END OF MOTION. SECOND. SECOND BY COMMISSIONER MANOR. COMMISSIONER STEVENS. UM, AS CHAIR ORIAN POINTED OUT PREVIOUSLY, WE'VE SEEN A LOT OF VERY INTERESTING CARPORTS AND I THINK THAT THIS ONE'S REALLY QUITE SWEET. DON'T SHOW 'EM TO ME. THIS IS A GREAT CARPORT. I HAVE FINKLE IN THAT RECORD. SURE. . SO I, I THINK IT FITS IN WITH, WITH YOUR HOME AND IT PROVIDES THE COVER THAT YOU NEED. SO I'LL BE IN FULL SUPPORT OF THIS. THANK YOU COMMISSIONER MANNING. UM, I'LL AGREE WITH MY COLLEAGUE AND, UM, YOU KNOW, I THINK BECAUSE IT IS FURTHER DOWN WITH REGARDS TO THE, UM, NCD, UM, WHERE IT SITS, UM, YOU KNOW, THAT MAKES IT A LITTLE BIT MORE FORGIVING. UM, AND THE SECOND THING IS THAT, UM, THAT COMMUNITY IS GENERALLY PRETTY VOCAL WITH REGARDS TO ANY DEVELOPMENT THAT IS GOING ALONG, UM, AT ESPECIALLY WOODLAWN. AND THEY DIDN'T SPEAK UP HERE, SO I'M GOING TO TAKE THEIR NON VOCALIZATION AS THEIR APPROVAL OF THIS POSITION. SO I'LL BE VOTING IN FAVOR. ANYONE ELSE LIKE TO ADD DEAN, COMMISSIONER DEAN? YEAH, I WANNA SAY THE CARPORT I THINK IS VERY SMOOTH LOOKING. UM, IN SOME CASES, SOMETIMES WE SEE MULTIPLE VARIANCES TO TRY TO RESOLVE, YOU KNOW, UNIQUE SITUATIONS IN, IN THIS CASE YOU ONLY SEE, YOU KNOW, ONE VARIANCE, YOU KNOW. SO WITH THAT, UM, BEING KIND OF THE CASE, I'M DEFINITELY GONNA BE IN SUPPORT 'CAUSE IT'S NOT, UH, AN OVERBURDEN WITH VARIANCES TRYING TO MAKE IT WORK. SO I WILL BE IN SUPPORT. ANYONE ELSE? I'M JUST GOING TO, I'LL ALSO BE IN SUPPORTIVE. SO WANTED TO ADD THAT. MY, MY BIG THING IS THAT IT'S A GOOD DISTANCE AWAY FROM THE BACK OF THAT SIDEWALK OVER FIVE FEET. UH, AND UH, SECONDLY, IT, IT'S NOT TOO MASSIVE. SO, UH, LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER EZ? YES, I CONCUR. COMMISSIONER BROWN, I CONCUR. CHAIR OAN. AND I CONCUR WITH THE YE OF FACT MOTION PASSAGE. SLY, CONGRATULATIONS. THANK YOU. THANK YOU ALL. YOU WELCOME. YOU ALL HAVE THE MOST WONDERFUL WEEK. . ALRIGHT, ITEM NUMBER 10. YES. OKAY. OKAY. ITEM NUMBER 10, BO OA 25 1 0 3 0 0 1 4. ADDRESS? 3 0 6 ELL STREET COUNCIL. DISTRICT ONE. APPLICANT DE SOUTH PROPERTIES REQUEST A FOUR FOOT 11, UH, INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A STRUCTURE TO BE ONE INCH FROM THE SIDE. PROPERTY LINE ZONING IS RM FOUR. THE SUBJECT PROPERTY IS LOCATED ALONG ODELL STREET, EAST OF SAN PEDRO AVENUE, LOCATED WITHIN THE KENWOOD NEIGHBORHOOD ASSOCIATION. APPLICANT STATED THE BUILDERS MISSED FOLLOWING THE SITE PLAN OR THE PROPERTY LINE WAS MISINTERPRETED AT THE TIME OF THE CONSTRUCTION AND FOUNDATIONAL PILLARS ENDED UP, UH, PUTTING THE PROPOSED STRUCTURE WITHIN ONE INCH OF THE PROPERTY LINE. THE ORIGINAL PERMIT WAS FILED BEFORE THE RM FOUR, UNDER ONE THIRD OF AN ACRE RULE, AND SHOWED THE STRUCTURE ABIDING BY A FIVE FOOT SIDE SET OR, UH, A FIVE FEET SETBACK. AND THE APPLICANT ADDITIONALLY OWNS LOT THAT IS A BUDDING WHERE THE VARIANCE IS BEING REQUESTED. AND THIS IS A SITE PLAN SHOWING THE, WHERE THE TWO STRUCTURES AND THEIR CONTAINER HOMES, UH, WILL BE LOCATED. THE ONE ON THE RIGHT WILL BE THE ONE THAT, UM, MEETS THAT SIDE SETBACK. AND THAT LINE, UH, IS WHERE THE PROPERTY LINE WAS, UH, THAT [03:05:01] THE APPLICANT PUT UP. AND THERE'S THE REAR SETBACK, WHICH WAS ADEQUATE. AND THEN ON THE LEFT SIDE, UH, THERE'S A HUNDRED FOOT RAILROAD, UH, RIGHT AWAY, AND THAT'S WHERE THAT IS. AND THIS WILL BE WHERE THE DRIVE, UH, ENTERS SURROUNDING AREA. STAFF RECOMMENDATION FOR THE SIDE SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO OA 25 1 0 3 0 0 1 4 BASED ON THE FOLLOW FINDINGS OF FACT, ONE INSUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF. FIRE SAFETY AND MAINTENANCE OF THE STRUCTURE. TWO SUFFICIENT SPACE EXISTS TO DEVELOP THE PROPERTY AND THE RAILROAD RIGHT AWAY PROVIDES ADEQUATE OR ADDITIONAL DEVELOPMENT AREA. UH, STAFF MAILED OUT 18 NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM THE KENWOOD NEIGHBORHOOD ASSOCIATION. THIS CONCLUDE, THIS CONCLUDES STAFF PRESENTATION. APPLICANT'S AVAILABLE. YES, COMMISSIONER MAN. SO, SO I I HAVEN'T SEEN TOO MANY CONTAINER HOME, UM, BUILDINGS. AND SO, SO HOW DOES THAT DIFFERENTIATE FROM A MANUFACTURED HOME? BECAUSE A MANUFACTURED HOME REQUIRES SPECIAL ZONING THAT THIS WOULD NOT BE PERMITTED ON. CORRECT. AND SO, SO HOW DOES THAT WORK OUT? SO AS LONG AS IT MEETS BUILDING CODE, IT'S PERMITTED. UH, THE ONLY CODE, THE ONLY CODE THAT MAKES THE THING IN THE CODE THAT MAKES IT DIFFERENTIATED IS FOR A MANUFACTURED HOME. SO THIS IS NOT A MANUFACTURED HOME. THIS, THIS WOULD BE JUST A CONSIDERED NORMAL HOME, JUST HAS TO MEET ALL THE BUILDING PERMITS. RIGHT? SO IF IT'S A MANUFACTURED HOME, IT HA IT IS ACTUALLY A HUD CERTIFIED MANUFACTURED HOME. UM, AND THAT'S DIFFERENT AS WELL FROM A MODULAR HOME, WHICH IS BASICALLY THEY BRING THE PIECES AND, AND PUT THEM THERE. BUT BASICALLY, AS MERKO MENTIONED, AS LONG AS IT MEETS THE REQUIREMENTS OF THE BUILDING CODE, IT IS A PERMITTED STRUCTURE. OKAY. THANK YOU. ALL RIGHT. ALL RIGHT. LET'S HAVE THE APPLICANT COME FORWARD. PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. YES, SIR. GOOD AFTERNOON. MY NAME IS BRAD WAR. I'M ONE OF THE, UH, PARTNERS FOR DO SOUTH PROPERTIES. THIS HAS BEEN QUITE A SAGA. THIS PROJECT HAS BEEN, UH, THE CONTRACTOR THAT WE WERE, UH, CONTRACTED WITH WAS METCON SPACES. YOU MAY OR MAY NOT HAVE HEARD THEY WERE DOING SOME CONTAINER STUFF. THEY'RE NO LONGER IN BUSINESS. UH, THEY DID NOT, UH, WE HAD A SURVEY. THEY DID NOT GET THE BOUNDARIES MARKED. UM, BEFORE THEY LAID THE FOUNDATIONS. WHEN WE WENT TO, WE HAD THE PERMITS FOR THE ADJACENT LOT THREE 10 AS WELL. I INSISTED, LET'S GET THE BOUNDARIES MARK. SO TAKE CARE OF THE FENCING. THAT'S WHEN IT CAME TO OUR ATTENTION THAT, THAT THEY MISSED THE MARK. AND THAT'S BOTTOM LINE WHAT, WHAT IT COMES DOWN TO. SO WHAT WE'RE TRYING TO DO IS, UH, WORK. YOU KNOW, WE REALIZE THERE MAY BE SOME BUILDING DESIGN ISSUES WITH THAT BEING THAT CLOSE, AND WE'RE WILLING TO ADDRESS THOSE AS THEY COME UP. UH, I'VE BEEN TALKING TO, UH, ERIC MCCLURE IN THE PLANS REVIEW. HE'S VERY FAMILIAR WITH THIS PROJECT FROM THE BEGINNING. UH, AS FAR AS THE IMPLICATIONS OF THIS AND HOW IT MIGHT AFFECT THE NEXT ONE, UH, THE, THE ADJACENT PROPERTY, WHICH IS ALSO OURS, THOSE TWO BY FOURS THAT YOU SEE LAYING THERE WOULD REPRESENT WHERE THE OTHER ONES, THE NEXT LOT WOULD BE BUILT OR THE NEXT BUILDINGS WOULD BE BUILT ON THAT LOT AND DUE TO SOME OTHER, UH, OVERSIGHT OR WITH, UH, CPS POWER POLE. AND RIGHT AWAY WE MAY HAVE TO ADJUST THAT PLAN ALTOGETHER. OKAY. ARE YOU, ARE YOU PUTTING IN FOUR CONTAINERS OR TWO? SO THAT WHAT YOU SEE ON THE RIGHT, ON THIS PRO PROPERTY, THERE'LL BE FOUR TOTAL CONTAINER HOMES. IT'S A DUPLEX ONE UP, ONE DOWN. OKAY. AND THEN THERE'S ANOTHER, ANOTHER ONE NEXT DOOR. SO IT'S BECAUSE YOU'RE ON THE PICTURE THAT'S ON THE SCREEN RIGHT NOW, YOU'RE SHOWING, YOU HAVE YOUR EXISTING ONE, AND THEN YOU HAVE THESE PILLARS FOR ANOTHER SET. YES. AND THEN YOU'RE SAYING THAT THOSE TWO BY FOURS REPRESENT EVEN ANOTHER ONE, AND THEN BEYOND THAT THERE'S EVEN ANOTHER ONE BECAUSE IS THAT A PICTURE OF BOTH LOTS TOGETHER OR IS THAT JUST YEAH, THAT, THAT, THAT IS BOTH LOTS. YOU'RE SEEING A PICTURE OF BOTH LOTS. THE, THE, THAT LINE THAT YOU SEE, THE, THE, UH, STRING LINE THAT IS ONE, THE, THE BORDER BETWEEN THOSE TWO LOTS. THREE 10 AND 3 0 6. BUT THE SEPARATION BETWEEN ULTIMATELY THE FOUR ON THE TWO LOTS ARE GONNA BE SIMILAR. LIKE THEY'RE NOT GONNA BE SUPER CLOSE. LIKE YOU'RE GONNA BE A LITTLE FURTHER AWAY THAN ON THE NEXT LOT. YES. OKAY. SO WORSE COMES TO WORSE. UH, YOU COULD JUST AMEND THE PLAN AND MOVE THE LOT LINE OVER A LITTLE BIT [03:10:02] POTENTIALLY. OKAY. YEAH. I DIDN'T KNOW HOW THIS WORKED SPATIALLY. YEAH. YEAH. IT WAS, THERE WAS NO MARGIN FOR ERROR WITH OKAY. WITH THE, THE SITE PLAN, JUST BECAUSE OF THE IRREGULAR SHAPE OF THE LOTS. I UNDERSTAND. ALL RIGHT. ANY QUESTIONS? UNA COMMISSIONER UNA, THEN MANNA, I HAVE A QUESTION IN REGARDS TO, YOU KNOW, BUILDING SO CLOSE TO THE PROPERTY LINE AND YOU OWNING THE, THE ADJACENT PROPERTY IS, IS AN OPPORTUNITY TO DO LIKE A MAINTENANCE EASEMENT, UM, SO THAT YOU CAN ACCESS WHEN YOU NEED TO, UH, TO PAINT OR WHATEVER MM-HMM . THAT PORTION OF THE BUILDING THAT ENCROACHES ONE INCH OR SO TO THE, TO THE PROPERTY LINE OR, YOU KNOW, ONE INCH. SO, OR THAT I, I THINK WE, WE MAY END UP DOING A, AN EASEMENT. WE COULD DO THAT. UH, WRITE THAT IN. WE MAY HAVE TO DO AN ACCESS EASEMENT BECAUSE OF THE, THE POWER POLE OVERSIGHT FROM 3 0 6 TO THREE 10, UH, DOWN THE ROAD. UM, BUT WE'RE LOOKING INTO THAT AT THIS POINT. WHERE, WHERE'S THE POWER POLE? UH, YOU CAN'T SEE IT IN THIS PHOTO, BUT IF YOU'RE LOOKING AT THIS, IT'S DOWN HERE ON THE RIGHT AT THE, IN THE DRIVEWAY KIND OF SPACE. YOU CAN SEE THE GUY WIRES RIGHT THERE. OH, OKAY. YEAH. AND SO WE'VE BEEN WORKING WITH CPS, UH, THEY'RE GOING TO MOVE THAT FORWARD AND THEN PUT IN A, WHAT THEY SAID, A SIDEWALK APPLICATION TO SHORTEN UP THE YEAH. SIDEWALK GUY. YEAH. UH, COMMISSIONER MANNA, I HAVE A QUESTION. HOLD ON. LET ME SEE IF I UNDERSTAND IT. UH, COMMISSIONER AMANDA, I'M SORRY, GO AHEAD. YEAH, GO AHEAD. SO, UM, QUESTION I HAVE IS THAT, UM, THERE'S A PROPERTY LIKE I AT THREE 14, WHICH ABUTS THE OTHER PROPERTY. CORRECT. AND, UM, IS THERE ANOTHER PROPERTY? THIS IS ON THE CUL-DE-SAC, RIGHT? UHHUH . SO, SO, UM, ON THE OTHER LINE, THERE'S ANOTHER PROPERTY THERE ON THE OTHER SIDE. CORRECT. SO, SO WHERE THAT GRAY SPACE IS, OR IS THAT A, IS THAT A ROAD OR THAT'S THE RAILROAD. THAT'S THE RAILROAD. THAT'S THE RAILROAD. NO, ABOVE ON THE NORTH SIDE OF THIS PICTURE. UH, OH YEAH. THAT'S THE CLINIC. THAT'S, UH, BAPTIST HEALTH OR METHODIST. SO, SO THE QUESTION THAT I'M ASKING IS FOR BOTH OF THOSE ABUTTING PROPERTIES ON THIS PROPERTY, AND THE NEXT ONE, UHHUH , YOU WILL NOT BE, UM, INCR UH, UH, UH, UM, INFRINGING ON THE, UM, SETBACKS ON EITHER OF THOSE PROPERTIES. AND SO ESSENTIALLY THE ONLY SETBACKS WE'RE TALKING ABOUT IS THE MIDDLE LINE HERE FOR YOUR PROPERTY. SO, SO PART OF THE DIALOGUE I THINK THAT WE NEED TO RESOLVE, UH, WHEN WE READ IT, IS THAT IT IS ONLY THAT LINE, UM, UH, FOR, FOR THAT ONE PROPERTY. YEAH. 'CAUSE WE, WE OWN 3 0 6 AND THREE 10. THIS, WE'RE NOT GONNA BE OUR CURRENT SITE PLAN FOR THREE 10, WHICH IS ALSO PERMITTED. BOTH OF THESE WERE, ARE PERMITTED ACTIVE PERMITS WAS UH, HAS PLENTY OF SPACE. THE FIVE FEET FRONT OF THE SIDE SET BACK HERE AND 10 FEET HERE ON THE REAR. OKAY. COMMISSIONER BROWN, UH, I'M GONNA GO BACK TO THE OTHER PICTURE WHERE THEY HAD THE OUT. YEAH. AND THE, THE, THIS IS, THIS IS THE FOUNDATION FOR THE OTHER ONE WHERE THE PILLOWS ARE STICKING UP. IS THAT CORRECT? YES, MA'AM. SO WHY ARE THEY SO DAMN CLOSE? I AND THIS IS THE SIDEWALK HERE IN BETWEEN? NO. SO THERE'LL BE SIDEWALKS IN BETWEEN HERE. THEY'LL BE FACING IN, THERE'S 10 FEET BETWEEN THE BUILDINGS. BUT THAT'S REALLY, REALLY, MA'AM, CAN YOU TURN ON YOUR MICROPHONE? SHE HAS IT ON. YEAH, IT'S HARD TO HEAR. THERE YOU GO. WHY YOU ASKING FOR THE, THE TWO FOOT VARIANCE? NO, WE'RE ASKING FOR SEE THIS LINE? OH, OH, THIS LINE RIGHT HERE. OKAY. WE'RE, THIS IS THE PROPERTY LINE BETWEEN THE TWO LOTS. AND NOW BECAUSE OF THE, THIS BACK HERE, IS IT FIVE FEET? BUT THEY GOT THE ANGLE LAID OUT INCORRECTLY ON THE LOT. SO UP HERE IT'S, IT'S THE ONE INCH. AND SO THAT'S, WE'RE JUST ASKING FOR A, THE VARIANCE. AND IT SHOULD HAVE BEEN HERE, BUT THEY ACTUALLY PUT IT HERE. WELL, I STILL THINK THAT THESE PROPERTIES ARE GONNA BE WAY TOO CLOSE TOGETHER IF WELL THEY'RE, THEY'RE PERMITTED WITHIN THE, THEY WERE ORIGINALLY PERMITTED WITHIN THE PER THE CO, PER THE CODES. PER THE ORIGINAL SETBACKS. YEAH. THEY, THEY'RE ALLOWED TO BE THAT CLOSE TOGETHER. 'CAUSE THEY MEET THE FIRE RATING REQUIREMENT. WELL, I MEAN, YOU KNOW, BECAUSE IT WAS FIVE FEET LESS THAN GIVE, GIVE PEOPLE A LITTLE BIT MORE SPACE. YEAH. THAT'S NOT, IT'S NOT A CODE VIOLATION, IT'S JUST YEAH. AND I, I DON'T KNOW THAT THAT'S THE ISSUE. ONE OF THE REASONS IT DOESN'T HAVE TO BE A CODE. IT COULD BE JUST CONSIDERATION FOR YOUR WHOEVER'S GONNA BUY THE PROPERTY. OKAY. UNDERSTOOD. YEAH. THAT'S ONE OF THE REASONS WE WENT WITH THESE CONTAINER STYLE HOMES BECAUSE OF THE ELONGATED LOT, IT SEEMED LIKE A GOOD MATCH. YOU KNOW, WE CAN MA OPTIMIZE AGAIN, YOU KNOW, MAYBE GET SOME MORE, UH, HOUSING AVAILABLE, AFFORDABLE HOUSING. STEVENS COMMISSIONER STEVENS, ABOUT LIKE HOW FAR BACK DO YOU THINK YOU GET TO THAT FIVE FEET THAT [03:15:01] YOU NEED? LIKE THAT YOU WOULD TYPICALLY BE REQUIRED? IS IT LIKE THE THIRD PIER OR THE FOURTH PIER BACK? UH, I PROBABLY THE SECOND RIGHT THERE I THINK IS WHEN WE, BECAUSE IT, IT, WELL, LIKE I SAID, ON THE ORIGINAL PLAN, IT WAS RIGHT AT, UH, FIVE FEET. ALL IT WAS SUPPOSED TO BE FIVE FEET ALL ALONG THAT BORDER AND FIVE FEET ON THE OTHER SIDE OF THE, ON THE ADJACENT LOT. FRANK, I'M JUST LIKE, I'M A LITTLE CONFLICTED HERE BECAUSE PART OF ME FEELS LIKE IT SHOULD BE A PLAT AMENDMENT OR AN ACCESS EASEMENT. UM, SO I'M, I'M JUST STRUGGLING WITH THAT A LITTLE BIT. WELL, I, I, FOR ME IT'S, IT'S, HE'S GONNA HAVE TO HAVE AN EASEMENT. SO THAT'S PART OF MY CONDITION IS THAT HAVE SOME KIND OF ACCESS EASEMENT OR MAINTENANCE ISSUE. A MAINTENANCE EASEMENT. SO, SO DO WE NEED TO CONTINUE THIS THEN IS KIND OF WHAT I'M, SO, SO WHAT'S HAPPENING IS YOU FORTUNATELY OWN BOTH PROPERTIES. SO YOU COULD DO A MAINTENANCE SEASON PRETTY QUICKLY. UHHUH , IT WOULD, JUST HAVING SOMETHING MORE FORMAL WOULD SURE. MAKE MEMBERS OF THIS BOARD HAPPY. WOULD YOU, WOULD YOU, UH, HAVE AN ISSUE? WELL, IF A MEMBER WANTS TO MAKE A CONTINUANCE, WHEN, WHEN COULD YOU ACCOMPLISH SUCH A THING? UH, OR, OR AT LEAST LOOK INTO AMENDING THE PLAT OR YOUR OPTIONS? UH, I MEAN, I I WOULD SAY FOUR WEEKS IS WHAT I, I DON'T THINK I COULD GET IT DONE IN TWO WEEKS. OKAY. WELL IF SOMEONE WOULD LIKE TO MAKE A MOTION TO CONTINUE THIS TILL APRIL 7TH, THAT WOULD GIVE, UH, THIS APPLICANT SOME TIME. UM, A MOTION FOR CON CONTINUANCE TO APRIL 7TH. SECOND. SECOND BY COMMISSIONER STEVENS. ALL IN FAVOR SAY AYE. AYE. ANY OPPOSED? UH, HEARING NONE. SO WE WILL SEE YOU ON APRIL 7TH AND YOU'VE HEARD SOME OF THE CONCERNS AND GOT IT. ALL RIGHT. THANK YOU. WE'LL SEE WHAT WE CAN DO. MM-HMM . THANK YOU. ALRIGHT, ITEM 11, ITEM ELEVENS BO OA DASH 25 DASH 0 3 0 0 1 9. UH, THIS WILL BE ONE 15 HELENA STREET COUNCIL. DISTRICT FIVE APPLICANT IS RYAN AND CATHERINE SALTER. IT REQUEST REQUESTS FOR A TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW ON TASKS ATTACHED ACCESSORY DWELLING TO BE THREE FEET FROM THE EAST SIDE. PROPERTY LINE ZONING IS R SIX. SUBJECT PROPERTY IS LOCATED NORTH OF I 10 US 90 WEST OF PROBAND STREET, APPROXIMATELY 155 FEET EAST OF THE SOUTH FLORES STREET AND HELENA STREET INTERSECTION. THE APPLICANT BEING THE PROPERTY OWNER IS PROPOSING AN ADDITION TO THE PRIMARY RESIDENTIAL STRUCTURE ALONG THE EAST SIDE OF THE PROPERTY. THE APPLICANT IS SEEKING A TWO FOOT VARIANCE TO ALLOW THE ATTACHED ACCESSORY DWELLING TO BE THREE FEET FROM THE SIDE SETBACK. APPLICANT IS INDICATED NO OVERHANG WOULD GO PAST THREE FEET, UH, GO PAST THE THREE FOOT SIDE SETBACK IF APPROVED. THE ABUTTING PROPERTY APPEARS TO BE INSIDE THE FIVE FOOT SIDE SETBACK. HOWEVER, IT WAS BUILT WHILE IT WAS ZONED SEA APARTMENT DISTRICT, WHICH REQUIRES A THREE FOOT SIDE SETBACK. PERMITS ARE PENDING THE OUTCOME OF THE BOARD OF ADJUSTMENT. THIS IS A SITE PLAN OF THE PROPERTY. THIS IS THE AERIAL VIEW OF THE PROPERTY, UH, HISTORICAL VIEWS OF THE PROPERTY AND SUBJECT PROPERTY. THIS IS THE LOCATION OF WHERE THE, UH, PROPOSED ACCESSORY DWELLING EXPANSION WOULD TAKE PLACE. THIS IS A SURROUNDING AREA. STAFF RECOMMENDATION FOR THE SIDE SETBACK. STAFF RECOMMENDS DENIAL MBOA DASH 25 DASH 0 3 9 BASED ON THE FOLLOWING FINDINGS. FACT, THERE IS SUFFICIENT SPACE ON THE LOT TO RECONFIGURE PLACEMENT OF THE ATTACHED ACCESSORY DWELLING TO MEET SETBACK REQUIREMENTS. UH, TWO, THE, UH, WILL IN ENDURE THE USE OF THE ADJACENT CONFORMING PROPERTIES AND INCREASES THE CHANCE OF FIRE SPREAD AND WATER RUNOFF BETWEEN PROPERTIES AND STRUCTURES. STEPH MAIL 21. NOTICES TWO WERE IN FAVOR TO AND OPPOSITION. COLLINS GARDEN NEIGHBORHOOD ASSOCIATION IS OPPOSED AND NO RESPONSE FROM THE LONE STAR NA NEIGHBORHOOD ASSOCIATION. AND THIS IS IN FAVOR AND THESE ARE THE OPPOSED. THIS ONE I BELIEVE IS THE CULLINS GARDEN NEIGHBORHOOD ASSOCIATION RESPONSE. MANANA. COMMISSIONER MANANA. SO, UM, YOU MENTIONED THE, THE ABUTTING, UM, HOME, UM, WAS, UM, LESS THAN FIVE FEET. AND WAS THAT MEASURED? SO IT LOOKS LIKE I'M LOOKING AT A GATE THERE. ONE [03:20:01] OF THE PHOTO OR FROM GOOGLE MAPS. LOOKS LIKE THE GATE IS PROBABLY THREE FOOT. AND, AND THEN THERE'S AN OVERHANG ON THE ROOF THAT LOOKS LIKE IT'S 18 INCHES. SO IS IT REALLY ONLY LIKE 18 INCHES FROM LIKE THE PROPERTY LINE AS FAR AS THE ROOF THERE? THIS, THEY HAVEN'T ADDED THE ADDITION? NO, NO. I'M TALKING ABOUT THE BUDDING, THE BUDDING PROPERTY. THIS PROPERTY HERE? YES. UM, I THINK THE BEST PHOTO MAY BE FROM THE FRONT. THERE'S ONE THAT'S CORRECT. AND I BELIEVE THAT'S WHAT THEY STATED IN THE HISTORIC WAIT, WRITE THAT PICTURE THERE. UM, SO, SO YES, THAT'S A THREE FOOT FENCE AND LOOKS LIKE AN 18 INCH OVERHANG. SO THAT PUTS IT, UM, YOU KNOW, 18 INCHES AWAY FROM THE SIDE PROPERTY. AND THAT'S CORRECT. IF, IF YOU GO BACK TO THE BEGINNING. PERFECT. 'CAUSE YOU HAD MENTIONED THAT THE HISTORIC YEAH. ZONING ALLOWED FOR A THREE FOOT SETBACK. THAT IS CORRECT. THE APARTMENT C. SO IT'S VERY LIKELY THAT HELPED. UM, YEAH, BUT WELL JUST FROM A, FROM A SPACING TO THE NEXT PIECE OF PROPERTY, THAT'S REALLY WHAT I'M CONCERNED. SO, OKAY. FIRE SPREAD THAT, THAT HIGHLIGHTS THE FIRE SPREAD DIALOGUE. THANK YOU. ALRIGHT, WELL LISTEN, COMMISSIONER CRUZ. SORRY. UM, NOW I FORGOT WHAT I WAS GONNA ASK YOU, . THAT'S OKAY. OKAY. I KNOW SHE HA IT HAS NOT BEEN BUILT. SO, UM, CAN YOU BRING UP THE PICTURE OF WHO WAS IN FAVOR? WHO WAS OPPOSED? I'M YES. TRYING TO FIGURE THAT OUT. OKAY. YES. SO THESE TWO LOCATIONS OBVIOUSLY WERE, UH, IN SUPPORT. AND THEN THIS IS THE ACTUAL NEIGHBOR, UH, EAST OF THE PROPERTY THAT'S MOST IMPACTED. AND THEN THE NEIGHBOR HERE, THEY WERE BOTH OPPOSED ACROSS THE STREET. OKAY. MM-HMM . THAT'S WHAT I WANTED TO MAKE SURE. THANK YOU. ALL RIGHT. LET'S HAVE THE APPLICANT COME FORWARD. ALL RIGHT. STATE YOUR NAME AND TELL US ABOUT YOUR, UH, ADDITION. MY NAME'S, MY NAME'S RYAN SOLDER. I'M HERE WITH MY WIFE KAT. UM, SO WE HAVE, UH, OBVIOUSLY OUR HOUSE. WE'RE GONNA MAKE AN ADDITION TO THE SIDE. UH, WE BOTH HAVE, UM, AGING PARENTS, UM, IN THEIR SEVENTIES. AND THIS WAS KIND OF OUR IDEA TO, UH, CREATE A SPACE POSSIBLY FOR THEM TO, UH, INHABIT. AND, UM, EXTENDING OUT THAT EXTRA COUPLE FEET WOULD GIVE US THAT, UH, A LITTLE BIT MORE COMFORTABLE, UH, FOOTPRINT THERE. UM, UM, I, I THINK ACCESSIBILITY WISE, I KNOW THERE'S OTHER OPTIONS WHERE IT COULD BE PLACED ON THE PROPERTY. UM, ACCESSIBILITY WISE, YOU HAVE THE DRIVEWAY. UH, I'M NOT SURE IF THERE'S LIKE THE FRONT VIEW OR IF YOU COULD JUST GO BACK. YEAH, WELL, YOU, YOU CAN, YOU CAN GO UP THE DRIVEWAY AND IT'S, IT, IT WOULD BE MORE EASILY ACCESSIBLE AND THEN, UH, A LITTLE BIT MORE, UM, I THINK AESTHETICALLY, UH, FIT BETTER WITH THE HOUSE. UM, SO THAT WAS KIND OF OUR, OUR THINKING. UM, SO WE'RE, AND WE'RE STILL VERY MUCH IN THE, YOU KNOW, PROGRAMMING PRE-DESIGN, UH, PHASE RIGHT NOW, SO. OKAY. THOSE ARE COMMISSIONER ZUNA. YEAH. SO OBVIOUSLY THE BIG QUESTION, YOUR NEIGHBOR IS OPPOSING IT. HAVE YOU HAD A CHANCE TO TALK WITH A NEIGHBOR? WE, YEAH, WE BRIEFLY SPOKE WITH HIM. UM, WE'VE BEEN ON GOOD TERMS THE WHOLE TIME. I THINK HE HAD EXPRESSED, UH, YOU KNOW, ISSUES WITH WATER GOING UNDERNEATH HIS HOUSE WITH RUNOFF. UM, WHICH I, I DIDN'T NOTICE. HE DOESN'T HAVE GUTTERS, SO I DON'T KNOW IF, YOU KNOW, HE'S NOT THAT CONCERNED. UM, BUT OBVIOUSLY IF WE WOULD, WHATEVER DESIGN WE WOULD COME UP WITH, WE WOULD, UH, WOULD THERE BE A WAY FOR A FLAT ROOT FOR HIM TO SUPPORT THE, THE APPLICATION YOU'RE MAKING? OR IS IS THERE ANYTHING YOU COULD DO TO GET HIS SUPPORT? YEAH, I, I THINK SO. I MEAN, UH, IF WE, LIKE I SAID, IF WE HAD MORE OF A FLAT ROOF STRUCTURE, FRENCH STRAIN GUTTERS ON, YOU KNOW, OUR SIDE, I MEAN, WE COULD OFFER, I DIDN'T GET A CHANCE TO OFFER HIM, YOU KNOW, WE COULD PUT GUTTERS ON HIS HOUSE IF THAT'S, IF THAT WOULD MAKE IT MORE APPEALING TO HIM. AND ALSO THE NEIGHBOR ASSOCIATION IS, IS AGAINST IT. HAVE, HAVE YOU HAD A CHANCE TO TALK WITH THE NEIGHBORHOOD ASSOCIATION OR WHAT? UH, NO. I, NO, NO. THAT'S NOT OUR, YEAH, THE, THE NELSON GARDEN IS IN, WE'RE IN THE LONE STAR. THAT WOULD'VE BEEN OUR CRUISE, UNFORTUNATELY. THAT'S BORDERLINE BETWEEN BOTH OF THEM. SO YOU WOULD NEED BOTH OF THEM TO AGREE. AND I KNOW, AND I KNOW THAT AREA. SO YEAH, THAT'S, THAT'S PROBABLY WHY BOTH ORGANIZATIONS WERE CONTACTED. OKAY. AND THAT'S WHY S GARDEN IS TELLING YOU. NO, THANK, THANK YOU COMMISSIONER MANNA. SO, SO THE CITY'S POSITION WAS THAT, YOU KNOW, SINCE IT'S NOT BUILT, THERE WERE OTHER [03:25:01] LOCATIONS WHERE THIS COULD BE PLACED. AND SO, UM, SO ON THE OTHER SIDE OF THE PROPERTY, UM, YOU KNOW, YOU HAVE, IT LOOKS LIKE MORE OPEN SPACE WITHOUT, WITH THE DRIVEWAY THERE, THAT'S A BUDDYING IT. AND SO THAT, THAT'S NOT OUR DRIVEWAY. I UNDERSTAND THAT. BUT, BUT THERE'S NOT A HOME THERE, UH, THAT'S UH, SURE. ESSENTIALLY THREE FEET AWAY FROM THE, FROM THE FENCE. YEAH. I THINK LIKE, LIKE I HAD MENTIONED, LOGISTICALLY THIS MADE THE MOST SENSE. UM, AND YOU KNOW, WE'D HAVE TO DESIGN SOME SORT OF WALKWAY TO GET OVER TO THE OTHER SIDE. SO THIS WAS OUR, UH, FIRST, YOU KNOW, CHOICE TO GO ON THIS SIDE. UM, AND UH, JUST, YOU KNOW, TO GET THAT EXTRA SPACE AS WELL, WE COULD STILL POTENTIALLY BUILD ON THIS SIDE. IT JUST WOULDN'T BE THAT FULL. BECAUSE ONE OF THE CHALLENGES, YOU KNOW, I GUESS IS WHEN YOU GET CLOSE ENOUGH TO ANOTHER PROPERTY THEN REQUIRES FIRE RATING. AND SO, SO IT MAY BE THAT THE DESIGN THAT YOU'VE SUBMITTED WOULD REQUIRE THAT THE ABUTTING PROPERTY ALSO BE FIRE RATED. AND SO, AND SO THAT'S WHAT I WOULD START TO THINK ABOUT, YOU KNOW, AS I LOOK AT IT, UM, YOU KNOW, UM, THAT'S WHY I WAS ASKING ABOUT THOSE DISTANCES. 'CAUSE THEY, THEY BECOME VERY IMPORTANT AND SO, AND SO, YOU KNOW, THAT, THAT COULD BE AN ISSUE. OKAY. OKAY. CRUZ, COMMISSIONER CRUZ, I GOT ONE MORE QUESTION THAT I, I WAS JUST NOTICING. SO HOW BIG OF AN ACCESSORY DWELLING ARE YOU THINKING ABOUT MAKING? THAT'S, THAT'S ALSO NOT INCLUDED IN HERE. UH, IT WOULD JUST KIND OF RUN PROBABLY ABOUT, UH, YEAH. I DON'T, I, IT LOOKS LIKE IT SAYS 40 FEET BY 10 FEET. OKAY. IS IT A SINGLE STORY? THIS HOME, WHICH NO, WHAT STREET OH, THAT WE'RE PROPOSING? YEAH. IT WOULD JUST BE A SINGLE STORY. OKAY. ALL RIGHT. UH, SEE WHAT I'M LOOKING AT, I'LL JUST, WHAT I'M OBSERVING FROM THIS IS THAT IT APPEARS THAT YOU HAVE SLIGHTLY MORE ROOM, NOT JUST THE ABILITY TO PUT SOMETHING ON THE WEST SIDE OF THE PROPERTY, BUT IT ALSO LOOKS LIKE YOU MIGHT HAVE AN EXTRA FOOT OF WIDTH TO YOUR PROPERTY LINE. 'CAUSE IF YOU'RE AT 15 SEVEN, IF YOU WERE TO BUILD SOMETHING ON THAT SIDE AND COME UP WITH SOME KIND OF A WALKWAY, YOU WOULD ACTUALLY HAVE MORE ROOM. AND YOU COULD PUT IT, I THINK 10 FOOT WIDE AND STILL HAVE THE FIVE FOOT REQUIRED SEPARATION. UH, IF YOU PUT SOMETHING IN THE REAR, YOU COULD PUT SOME SORT OF AN ACCESSORY UNIT IN THE BACK AND, AND HAVE IT SEPARATED FROM THE HOME AND MAINTAIN A DRIVEWAY THAT DRIVES BACK. I MEAN, THERE'S SOME OF THE THINGS YOU CAN DO ASIDE FROM BEING THREE FEET AWAY AND THREE FEET AWAY. IT JUST, THAT, THAT'S WHAT'S A LITTLE TROUBLESOME. YEAH, I THINK WE, LIKE I SAID, WE LOOKED AT THE OPTIONS THAT IN THE BACK THERE'S NOT REALLY QUITE ENOUGH, UH, SPACE WE HAVE THAT IT'S A ODD SHAPE. SO ONCE YOU COME FIVE FEET FROM, YOU KNOW, UM, THE BACK FENCE, IT, IT REDUCES THAT, THAT, UH, THAT AREA AS WELL. OKAY. ANY OTHER QUESTIONS? ARE THERE ANY VOICEMAILS, ANYONE ELSE WANTED TO SPEAK? THERE IS ONE VOICEMAIL. LET'S HEAR IT. HI, UH, MY NAME IS, UH, ROGER ZAPATA. I LIVE AT ONE ONE NINE HELENA STREET. MY, UH, PHONE NUMBER'S (210) 723-3062. UH, YEAH, AND THIS IS IN REFERENCE TO CASE, UM, UH, WITH THE LAST THREE DIGITS OF ZERO, ONE, UH, NINE. UM, I WAS JUST CALLING TO, UH, GET MY, UH, WELL I'M, I'M OPPOSED TO, TO HAVING THAT REMODELING OF THE HOUSE AT THE 1 1 5 HELENA, I, I LIVE NEXT DOOR TO IT AND I'M JUST AFRAID OF THE, UH, SINCE THERE MIGHT BE A, A FIRE OR A POSSIBLE FLOODING UNDER MY FOUNDATION. AND, UH, DUE TO CROWDEDNESS TOO, I, UH, I, I JUST DON'T, UH, DON'T, UH, AGREE, UH, TO HAVING A HOUSE, A HOME SO CLOSE TO MY HOUSE. SO, UM, THAT WOULD BE IT, I GUESS. UH, THAT'D BE IT FOR NOW. ALRIGHT, THANK YOU. ALRIGHT, SO IF THERE'S NO MORE COMMISSIONER QUESTIONS, WE CAN MOVE ON TO A MOTION. CRUZ COMMISSIONER CRUZ, REGARDING CASE NUMBER BO A 25 103 0 0 0 1 9. I MOVE THERE A BOARD OF ADJUSTMENT GRANT TO REQUEST FOR A TWO FOOT, UH, VARIANCE FROM THE FIVE FIVE FOOT SIDE SETBACK TO ALLOW AN ATTACHED ACCESSORY DWELLING TO BE THREE FEET FROM THE EAST SIDE PROPERTY LINE SITUATED AT ONE 15 HELENA STREET, APPLICANT BEING RYAN AND CATHERINE SALTER. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS ATTACHED AS AMENDED WILL RESULT IN AN [03:30:01] UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THAT REQUESTED VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST, AS THE REDUCED SITE SETBACK PROVIDES A SUITABLE DISTANCE FROM THE PROPERTY LINE TOO DUE TO THE SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD HAVE TO ADJUST THE CONFIGURATION OF THE ACCESSORY STRUCTURE TO MEET THE SIDE'S HEAD BACK REQUIREMENTS. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THAT REQUESTED VARIANCE APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE AS A REDUCTION OF THE SITE SETBACK REQUIREMENT WOULD NOT INJURE NEIGHBORING PROPERTIES IN THE SURROUNDING AREA. POOR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL BE SUBSTANTIALLY, WILL SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACT OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. GRANTING THE VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. SIX BY THE PLIGHT OF THE OWNER OF THE PROPERTY FOR ITS VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE C CIRCUMSTANCES EXISTING ON THE PROPERTY AND ARE NOT MERELY FINANCIAL END OF MOTION. SECOND. SECOND BY COMMISSIONER MANNA. COMMISSIONER CRUZ. UM, YES SIR, I AM. I JUST CAN'T, UM, CONCUR WITH THIS. I I AM GONNA HAVE TO OBJECT TO IT. I JUST CAN'T SEE THAT THE ADJACENT BUILDING OF WHATEVER THEY PUT WOULD BE SUFFICIENTLY THAT THE NEIGHBORS WOULD STILL HAVE PLENTY OF PRIVACY. SO I CANNOT SUPPORT THIS COMMISSIONER MANNA. SO I I CONCUR WITH MY COLLEAGUE. I'M SORRY. UM, AND SO, YOU KNOW, ONE OF THE THINGS THAT YOU KNOW, I ALWAYS LOOK AT IS THE SAFETY OF THE COMMUNITY. AND THAT'S PART OF THE DIALOGUE OF, OF ONE OF THE THINGS THAT WE LOOK AT. AND SO WHEN IT IS THAT WE JEOPARDIZE YOU AT ANOTHER NEIGHBOR, THEN, THEN, THEN, THEN I WOULD, YOU KNOW, GENERALLY NEVER VOTE FOR THAT KIND OF THING. AND SO, SO I, SO I THINK THAT THIS PUTS THAT NEIGHBORING PROPERTY AT RISK SO I COULD NOT VOTE FOR IT. ANYONE ELSE LIKE TO ADD HEARING NOW OF ROLL CALL VOTE PLEASE. COMMISSIONER CRUZ. I DO NOT CONCUR. COMMISSIONER MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? NO, I DO NOT. CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER BENAVIDES? I DO NOT CONCUR. COMMISSIONER OZUNA? I DO NOT CONCUR. COMMISSIONER VASQUEZ? I DO NOT CONCUR. COMMISSIONER BUNIA? YES, I CONCUR. COMMISSIONER BROWN? I DO NOT CONCUR. CHAIR ORIAN. UH, AND I ALSO DO NOT CONCUR. A MOTION FAILS, UH, THREE TO EIGHT. SO THANK YOU GUYS. SURE. IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. UH, LAST CASE ITEM 12 BOA 25 1 0 3 0 0 0 2 0. ADDRESS IS 2 2 2 CHIHUAHUA STREET, 2 2 2 6 AND 2 2 3 0 CHIHUAHUA STREET. COUNSEL, DISTRICT FIVE, APPLICANT AR CASA'S RESIDENT COUNSEL, UH, REQUEST ONE, A THREE FOOT FOUR INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A ONE FOOT EIGHT INCH SIDE SETBACK TO INCLUDE 16 INCHES OF OVERHANG FOR THREE RESIDENTIAL STRUCTURES AND TWO, A 10 FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION TO ALLOW A FIVE FOOT DRIVEWAY CLEAR VISION ZONING IS R FOUR. THE SUBJECT PROPERTY IS LOCATED ALONG TO WALL STREET, WEST OF SOUTH ZAMORA STREET. LOCATED WITHIN THE NOTIFICATION BOUNDARIES OF THE HISTORIC WEST SIDE RESIDENCE NEIGHBORHOOD ASSOCIATION AND THE EL CHARRO NEIGHBORHOOD ASSOCIATION. THE LOTS ARE CURRENTLY VACANT. THE APPLICANT IS SEEKING TO CONSTRUCT THREE SINGLE FAMILY HOMES ON THREE SEPARATE LOTS AND DUE TO THE LOT SIZE OF REQUESTING RELIEF FROM THE BOARD OF ADJUSTMENT ON SIDE SETBACKS AND DRIVEWAY CLEAR VISION, THE STRUCTURE WILL BE THREE FEET FROM THE SIDE SETBACKS WITH THAT 16 [03:35:01] INCH OVERHANG, WHICH WILL MAKE THE OVERALL SIDE SETBACK ONE FOOT EIGHT INCHES. THE THREE LOTS HAVE A CERTIFICATE OF DETERMINATION AND AS SUCH, DO NOT REQUIRE MINIMUM LOSS SIZE VARIANCE. AND HERE'S THE SITE PLAN WITH THE SIDE SETBACKS AND DRIVEWAY CLEAR VISION AND SUBJECT PROPERTY SURROUNDING AREA. STAFF RECOMMENDATION FOR THE SIDE SETBACK VARIANCE STAFF RECOMMENDS TO NOW AND BO OA 2 5 1 0 3 0 0 2 0 BASED ON THE FLYING FINDINGS OF FACT, ONE. INADEQUATE SPACE BETWEEN STRUCTURES WILL AGGRAVATE WATER RUNOFF ISSUES LEADING TO POTENTIAL FLOODING OR EROSION PROBLEMS. TWO. INSUFFICIENT DISTANCE CAN FACILITATE THE RAPID SPREAD OF FIRE UPON ONE BUILDING TO ANOTHER. AND THEN THE STAFF RECOMMENDATION FOR THE DRIVEWAY. CLEAR VISION VARIANCE STAFF RECOMMENDS APPROVAL IN THE SAME BOA CASE BASED ON THE FOLLOWING FINDINGS OF FACT, ONE SUFFICIENT SPACE WILL REMAIN TO SAFELY BACK FROM AND ONTO A LOCAL ROAD. AND TWO, THE REQUESTED VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH IT WAS LOCATED. STAFF MAILED OUT 25 NOTICES RECEIVED THREE IN FAVOR, ZERO IN OPPOSITION, ONE IN FAVOR, OUTSIDE 200 FEET. AND THE HISTORIC WEST SIDE RESIDENCE NEIGHBORHOOD ASSOCIATION IS IN FAVOR. AND THEN THERE IS NO RESPONSE FROM THE EL CHARRO NEIGHBORHOOD ASSOCIATION. AND THEN THIS IS FROM THE HISTORIC WEST SIDE RESIDENCE NEIGHBORHOOD ASSOCIATION. EMAILING THAT THEY'RE IN FAVOR OF THE FULL RESIDENCE, UH, APPLICANT'S REQUEST. OKAY, AND THE THREE PLUS ONE OUTSIDE 200 FEET. THIS CONCLUDES STAFF PRESENTATION. APPLICANT'S AVAILABLE. ALL RIGHT, LET SO THE APPLICANT COME FORWARD. ALL RIGHT. STATE YOUR NAME, TELL US ABOUT YOUR PROJECT. GOOD AFTERNOON, ZEKE ROMO. I'M, UH, EXECUTIVE DIRECTOR OF OUR CASAS RESIDENT COUNCIL. FIRST OF ALL, I APPLAUD YOU FOR BEING HERE ALL AFTERNOON. I'VE BEEN HERE SINCE 1232. ALSO . UM, THIS IS A PROJECT WE CAME BEFORE YOU A FEW MONTHS AGO ON A SIMILAR REQUEST. WHAT WE ARE TRYING TO DO IS INCREASE THE, UH, NUMBER OF AFFORDABILITY UNITS, AFFORDABLE UNITS, AND, UH, AT THE SAME TIME INCREASE THE NUMBER OF AFFORDABLE UNITS THAT ARE BEING BUILT IN THE NEAR WEST SIDE. WHAT WE DO IS WE HAD THIS LOT, IT'S BEEN VACANT FOR ABOUT 20 YEARS. UH, WE FINALLY HAVE THE FINANCING FROM THE CITY AND OTHER SOURCES. WHAT IT, WE COULD HAVE PUT ONE BIG GREAT HOUSE. IT'S RIGHT NEXT TO THE APACHE CREEK. IT'S NOT REALLY ANYWHERE IN THE FLOOD ZONE, IT'S ABOVE WAY ABOVE THE, UH, THE CREEK. BUT WE CHOOSE AGAIN TO BUILD AFFORDABLE HOMES. WE'VE BUILT FIVE OTHERS THAT FIT THE NEIGHBORHOOD, THE CHARACTER CHARACTERISTICS OF THE NEIGHBORHOOD. IN THE LAST YEAR, IN THAT SAME AREA ON, UH, RIGHT THERE ON UP, UP THE STREET ON CHIHUAHUA, WE BUILT A, UH, HOME WITH AN A DU, ONE OF THE VERY FIRST ONES WHERE WE BUILT THEM SIMULTANEOUSLY ON THE NEXT STREET, WE BUILT THREE HOMES INCLUDING TWO SIMILAR SIZE HOMES. CASITAS, WE CALL THEM 675 SQUARE FEET. WE ACTUALLY SOLD THOSE TWO VETS AT A HUNDRED THOUSAND DOLLARS EACH, WHICH IS INCREDIBLE. AND THEN WE BUILT ANOTHER HOUSE RIGHT UP THE STREET ON SANTIAGO ALSO. AND THEN, UM, ANOTHER ONE ON VERA CRUZ. SO BY INCREASING THE AFFORDABLE NUMBER OF UNITS, HOUSING UNITS THERE, WE'VE ALSO BUILT IN THE NEIGHBORHOOD, UH, ACROSS THE CREEK. SO IT'S ALL TO FIT WITH THE CHARACTER OF THE HOMES. WE, UM, WE HAVE THE NEIGHBORHOOD SUPPORT AS YOU, UH, SAW FROM THE, UH, HISTORIC WEB, WEST SIDE NEIGHBORHOOD ASSOCIATION. IN FACT, WE MEET WITH THEM AND THIS IS WAS ONE OF THEIR IDEAS TO CREATE MORE AFFORDABLE UNITS AT MORE REASONABLE COSTS AT A HUNDRED THOUSAND DOLLARS. UH, UNFORTUNATELY, AS WE ALL KNOW, WITH THE TARIFFS AND COMING INCREASES, WE MAY HAVE TO LOOK AND INCREASES, BUT WE STILL WILL WANNA KEEP 'EM WAY, WAY CLOSE TO A HUNDRED THOUSAND. AND THAT MEANS A PERSON MAKING AROUND 40,000, 42,000 CAN AFFORD SUCH A HOUSE. SO THAT'S WHAT WE'RE TRYING TO DO WITH THE INNER WEST SIDE. INCREASE THE NUMBER [03:40:01] OF UNITS AND BRING, UH, HELP MORE PEOPLE MEET THE AMERICAN DREAM OF HOME OWNERSHIP. UH, THE PROPERTY THAT IT DOES HAVE A DIP ON IT. WE ARE PREPARED TO, WE ALWAYS DO A DRAINAGE PLAN. UH, THE, THE, UH, RUNOFF WOULD GO INTO THE STREET. UH, WE WOULD, UH, PUT GRASS IN THERE. WE PUT, UH, IN THE BACKYARD AND SIDES OF THE STREETS, THE, UM, WE PUT, UH, CHAIN LINK FENCES BETWEEN THE PROPERTIES TO MAKE SURE THERE'S MORE BETTER FLOW. WE WOULD LEAVE, UH, ALSO PUT A CHAIN LINK FENCE ON THE SIDE OF THE, OF THE CREEK SO THAT PEOPLE, THE RESIDENTS THERE CAN ENJOY THE VIEW OF THE, UH, AS YOU KNOW, APACHE CREEK IS GONNA BE RESTORED GREATLY IN THE NEXT FEW YEARS. SO WE WANNA MAKE SURE PEOPLE THAT LEAVE THEIR ENJOY THE AREA. AGAIN, AS I NOTED, NOTED, THE IDEA IS BOTH, UH, TO CREATE MORE AFFORDABLE HOUSING UNITS AND ALSO TO INCREASE THE, UH, TO REVITALIZE THE NEIGHBORHOOD. ONE THING WE, AT OUR CAAS, WE, WE'VE BEEN IN THE BUSINESS FOR SOME 35 YEARS NOW AND WE TRY TO REBUILD THE COMMUNITY, THE NEIGHBORHOOD, ONE PERSON, ONE FAMILY AT A TIME. IT TAKES A LOT. WE, IN ADDITION TO BUILDING AFFORDABLE HOMES, WE ALSO HAVE A HOME REPAIR PROGRAM THAT WE'RE TARGETING THIS WHOLE AREA. WE'RE ALSO HAVE, UM, AD WE'RE PERMIT READY ADUS THAT WE BUILT. WE WANNA GET INTO THAT AREA. I DID NOTICE SOME THINGS HERE. SO THAT'LL HELP US GO BACK AS WE, AS WE STRATEGIZE ON THAT. THOSE ARE THE, BASICALLY THE PRESENTATION WE HAVE. WE APPRECIATE YOUR CONSIDERATION. ALRIGHT, THANK YOU VERY MUCH, COMMISSIONER HANNAH. SO, UM, SO I WAS LOOKING AT THE, THE ABUTTING PROPERTY TO THIS AND, YOU KNOW, SO, SO KIND OF ALONG THE SAME LINES, IT'S PRIOR DIALOGUE WITH REGARDS TO ITS SEPARATION FROM THIS PROPERTY LINE. AND AGAIN, IT LOOKS TO BE VERY CLOSE TO THAT PROPERTY LINE. SO THREE FOOT MM-HMM . AND, AND, UM, YOU'RE ASKING FOR, YOU KNOW, THE, THE, THE VARIANCE THERE THAT WOULD PUT THAT YOUR PROPERTY THAT'S ON THE PICTURE MOST EASTWARD MM-HMM . CLOSE TO THAT PROPERTY. AND ONE QUESTION I WOULD HAVE IS IF THE WHOLE PIECE COULD BE SHIFTED SO THAT THERE'S A LITTLE BIT MORE SPACE FOR THAT ABUTTING PROPERTY. SO THAT, SO THAT BASICALLY PROTECTED THAT HOME FROM THE FIRE SPREAD DIALOGUE. ACTUALLY, THERE ARE FENCE THAT THEY HAD THERE WAS ON OUR PROPERTY BY ALMOST 12 INCHES. SO WHAT WE'RE GONNA DO TO ALLOW SOME MORE SPACE INSTEAD OF, THEY HAD A PRIVACY FENCE, WOODEN FENCE. SO WE PROPOSED TO BUILD THEIR CHAIN LINK FENCE THAT WILL ONLY BE LIKE THREE, UH, CIRCUMFERENCE AND MAKE IT A LOT OF LEAVE. ANOTHER SIX, MAYBE EIGHT INCHES THERE. THE FENCE ISN'T HONESTLY MY CONCERN THOUGH. IT'S, IT'S REALLY THAT HOUSE BEING THERE. AND IF I LOOK AT THE HOUSE, THE FRONT FACADE OF THE, THE ABUDDING HOUSE IS BRICK, BUT THE SIDE IS NOT. RIGHT. AND, AND THEN, AND THEN THEY HAVE THE SHINGLES OR THE, YEAH, THE, UH, EXPOSED SHINGLED ROOF I GUESS, OR EXPOSED RAFTER ROOF NEXT DOOR. AND SO, SO, SO AGAIN, YOU KNOW, UM, SO, SO UH, YOU KNOW, COULD, COULD EVERYTHING BE SCOOTED OVER A FOOT? WE'LL SAY, UH, WESTWARD, YOU KNOW, UM, BECAUSE IT, BECAUSE THERE'S NOBODY ON THE CREEK SIDE. SURE. YOU KNOW, AND SO, SO YOU KNOW, IS THAT A POSSIBILITY? MAY I DEFER TO OUR CONSTRUCTION DIRECTOR? YES. IS THAT DOABLE? YES. YES. YES. OKAY. STEVENS, UH, COMMISSIONER STEVENS AND CRUZ. UM, YEAH, COULD, COULD YOU JUST, UH, PROVIDE A LITTLE BIT OF CLARIFICATION ON THE EAST AND THE WEST PROPERTY LINES? I KNOW THAT YOU'RE ASKING FOR THIS VARIANCE TO ALLOW FOR ONE FOOT EIGHT, BUT IT LOOKS LIKE YOU'RE SHOWING THREE FEET OF SPACE. HE'S INCLUDING THE OVERHANG IN THE ONE EIGHT. YEAH. SO WE, THE, THE HOUSE WILL BE THREE FEET AND THEN YOU'LL HAVE A 16 INCH OVERHANG. YES, THAT'S CORRECT. THERE. IT'S, YOU WANT YOUR CRUISE. UM, I KNOW YOU SAID EACH HOME IS 600 AND SOMETHING SQUARE FEET. SO IS THAT A TWO OR THREE BEDROOM HOME? ACTUALLY THESE ARE 5 46 SQUARE FOOT. AND THEN WE'RE GONNA BUILD A LOFT ON IT TO ALLOW TO ALLOW A TWO BEDROOM, UH, BATH AND A HALF. OKAY. WE LEARNED FROM THE OTHER CASITAS WE'VE BEEN BUILDING THIS KIND OF HOUSE WILL, UH, ACCEPT A FAMILY THREE, MAYBE EVEN FOUR, A GROWING FAMILY. ALL RIGHT. THANK YOU. YES, MA'AM. OKAY, A QUESTION. SO, SO JUST TO FOLLOW UP WITH THE CITY, SO, SO THE BUDDING PROPERTY ON 2230, IS THAT THE GREENWAY? AND SO, SO, UM, IS THE, SO DOES THAT BE, IS THAT TREATED IN DIFFERENTLY WITH REGARDS TO, UH, SETBACK VARIANCES? YEAH. DID THEY GET CREDIT BECAUSE IT'S, UH, A ONE BIG DRAINAGE RIGHT AWAY? YEAH. SO ON THE VERY EAST, I'M SORRY, THE VERY WESTERN PORTION, UH, THEY DO GET CREDIT BECAUSE THEY'RE IN THE, UH, UM, DRAINAGE. SO IT WOULD PRETTY MUCH ELIMINATE THAT, THAT SIDE ON THE, ALL THE WAY TO [03:45:01] THE WEST. YEAH. THE, YEAH. AND I WAS LOOKING AT THAT TOO IS UM, IF THEY SCOOT EVERYTHING OVER UNIFORMLY, THE PROBLEM IS IS THAT THE, THE CENTER LOT LINE, THEY START GETTING TOO CLOSE ON A COUPLE OF 'EM AND WE CAN'T GO BELOW WHAT THEY ASKED FOR. RIGHT. UM, SO THIS IS, THAT'S GONNA BE PART OF THE ISSUE. SO ONE, ONE THING IS, UH, SO MY QUESTION FOR YOU IS YOU'RE SHOWING TWO CARS AT THE, AT THE, UH, HOUSE THAT'S CLOSEST TO THE, THE, UH, CREEK. MM-HMM . BUT THERE'S A CONCRETE DRAIN IN FRONT OF IT. HOW, HOW DOES A CAR GET THERE? WE, UH, WE HAVE ANOTHER DRAWING WHERE WE SHOW THAT IT, IT'LL CURVE OUT. OKAY. I WAS JUST CURIOUS ABOUT YEAH, RIGHT. ELA LOOKED AT THAT, ALL THAT AND . YES. OKAY. UM, AND SO, YOU KNOW, MY, MY MY THING IS, IS THAT I'M, I'M, YOU KNOW, WHAT GOES ON NEXT TO THE CREEK, THERE'S AN INFINITE AMOUNT OF ROOM THERE THAT DOESN'T BUG ME. AND THIS IS YOUR DEVELOPMENT. IF YOU WANT TO HAVE THREE FEET BETWEEN THE HOME, THAT DOESN'T SEEM TO BOTHER ME, BUT IT'S THE ONE THAT'S ON THE FAR EAST SIDE THAT'S NEXT TO THAT EXISTING HOME. I HAVE A KIND OF AN ISSUE WITH, WITH THAT. UM, BUT, UM, SO WHAT IS THE FURTHEST AWAY, UM, THAT YOU CAN LIVE WITH? IF, IF THIS COMMISSION COULDN'T GIVE YOU WHAT YOU'RE ASKING FOR ON THAT EAST PROPERTY LINE, ARE YOU, COULD YOU DO A FOUR FOOT WITH A 12 INCH OVERHANG? WHAT, WHAT, WHAT COULD, BECAUSE RIGHT NOW NEXT TO THE CREEK, THE, THE MINIMUM IS FIVE FEET AND YOU'RE ALLOWED UP TO TWO FEET OF OVERHANG. AND WHAT YOU'RE ASKING FOR IS TO HAVE THE HOME BE THREE FEET AWAY WITH A 16 INCH OVERHANG. HOW, HOW FAR AWAY CAN WE CONNECT? SO REAL QUICK, UM, SO THE HOUSE WOULD BE TWO FEET. UM, ACTUALLY NO, YOU SAID IT RIGHT. I'M SORRY. THAT'S OKAY. . THAT'S OKAY. SO, SO HOW FAR AWAY CAN THE PHYSICAL HOME BE, UH, AWAY FROM THAT SIDE PROPERTY LINE THAT STILL MAKES IT A FUNCTIONAL DEVELOPMENT FOR YOU? 'CAUSE YOU'RE ASKING FOR THREE, IT NEEDS TO BE FIVE. MM-HMM . COULD YOU LIVE WITH FOUR ON JUST THE SIDE? JUST ON, ON THE EAST SIDE? THAT ONE PROPERTY? NO, ON THIS SIDE. THE, BECAUSE BECAUSE THE LINES ON THE PRO, THE OTHER PROPERTIES AREN'T SOLID. RIGHT. I MEAN, SO THEY'RE NOT PLATTED. SO, SO THOSE LINES ARE, THEY ALL ARE, IT'S, THEY'RE JUST 25 FOOT WIDE LOTS. SO THEY HAPPEN TO HAVE 3 25 FOOT WIDE LOTS THAT PLOTTED 130 YEARS AGO. THAT'S WHY THEY GOT A CDS, BECAUSE EACH LOT IS A CONSIDERED SUBSTANDARD IN SIZE. SO THERE'S AN EXEMPTION WHERE THEY COULD GET A COD. YEAH. THIS SO CAN IT BE MOVED LIKE A FOOT? UH, SO INSTEAD OF BEING, IT, BEING ON THAT UH, 2222, CAN IT JUST THE WHOLE BUILDING BE MOVED AND MAKING IT A TWO FOOT ON UH, THE, THE LEFT SIDE? WELL, THE THING IS, IS THAT WE'RE ONLY ALLOWED TO ENTERTAIN, UM, WHAT YOU'RE ASKING FOR OR LESS. OKAY. WE CAN'T GET IT CLOSER. SO YOU, SO IF THE OVERHANG IS A LOT LESS, SO SAY, WELL, YOU'VE ASKED, YOU'VE ASKED FOR, YOU'VE, THIS HAS BEEN ADVERTISED FOR A, UM, A ONE FOOT SIDE SETBACK THAT INCLUDES A 16 INCH OVERHANG. YES. SO CAN, CAN THIS, COULD THEY BUILD TWO FEET AWAY AND HAVE A ONE FOOT OVERHANG SO THEY CAN ALWAYS HAVE OH, WELL THE OVERHANG IS STIPULATED ON THERE BECAUSE OF THE SETBACK. SO YOU CAN'T GO LESS ON THE OVERHANG BECAUSE THAT'S WHAT THEY ADVERTISE AS. OKAY. BUT THE, AND THAT MEANS WE ALSO CAN'T GO LESS THAN THE THREE FEET. CORRECT. IF, IF, IF YOU'RE JUST LOOKING TO MOVE THE, THE ENTIRE BUILDING TO THE LEFT. YEAH. SO, AND THEN ALL THE OTHER, IT WOULD HAVE TO BE READVERTISED. OKAY. OH, OKAY. UM, WE CAN ALWAYS COME BACK. SO IS IT LIKE SUGGESTING LIKE IF WE MAKE THE FOOTPRINT A BIT SMALLER, LIKE A FOOT SMALLER? SO SEE WHEN THIS HAS HAPPENED BEFORE MM-HMM . UH, THIS BOARD HAS APPROVED DIFFERENT VARIATIONS OF THINGS. BUT ONE THING THAT YOU COULD BE HEARING IS THAT THERE'S A REAL CONCERN OF WHAT'S GOING ON WITH ONE NEIGHBOR. OKAY. AND NO CONCERN WITH WHAT'S GOING ON NEXT TO THE FLOOD PLAIN. SO LIKE IN THEORY, LET'S SAY THAT IF YOU'RE LOOKING AT 2230 CHIHUAHUA, IF THAT HOUSE IS RIGHT ON THE PROPERTY LINE AND THE OTHER HOUSE WAS, SO IF YOU MOVE THAT OVER ONE FOOT AND NOW YOU HAVE FOUR FEET BETWEEN, YOU MOVE THIS HOUSE OVER, YOU'VE GOT TWO FEET, YOU STILL HAVE YOUR SIX FEET. IT'S JUST THAT IT'S JUST AUGMENTED A LITTLE. SO YOU COULD THEORETICALLY TAKE THIS ENTIRE THING AND MOVE IT OVER TO THE LEFT ONE FOOT OR EVEN TWO FEET, BUT YOU'D HAVE TO RE ADVERTISE AND COME BACK. OH, OKAY. SEE IF YOU DIDN'T, THERE COULD BE MEMBERS OF THIS COMMISSION THAT DIDN'T AGREE WITH WHAT'S GOING ON ON THE EAST SIDE AND WOULD HAVE TO OKAY. NARROW [03:50:01] BUILDING. SO IT COULD BE NARROWER BUILDING OR IT COULD BE BUILD A NARROWER BUILDING. BUT IF YOU WANTED TO BUILD THIS STRUCTURE AND, AND PROBABLY GET SOME MORE, YOU KNOW, BACKING FROM MEMBERS OF THE COMMISSION, YOU MIGHT WANT TO RE ADVERTISE AND SHIFT THIS ENTIRE THING OVER A FOOT OR TWO BECAUSE ESSENTIALLY COULD BE A ZERO LOT LINE, ALMOST TYPE DESTRUCTION WHERE EVERYTHING JUST SHIFTED LEFT AND YOU HAVE BASICALLY THE SAME AMOUNT OF SPACE, BUT ALL OF IT ON THE ONE SIDE. SO, SO, SO YOU WOULD, SO YOU WOULD HAVE, YOU'RE TAKING, YOU'RE BASICALLY TAKING WHAT'S ON THE WEST SIDE, BUT I NEED TO, TO THE COMPLETE EAST SIDE, BUT NOT MOVING PROPERTY LINES, BUT JUST MOVING THE ALL THREE BUILDINGS UNIFORMLY OVER. OKAY. WOULD WE ASK FOR A CONTINUANCE OR JUST COME BACK? IT HAS TO BE READVERTISED BECAUSE, SO THEY HAVE TO COME BACK ON APRIL 7TH? CORRECT. AND IT'D BE A ONE INCH SIDE STEP BACK. THEY HAVE TO PLOT TO BE A ZERO. YEAH. WOULD WE HAVE TO DO ANYTHING ELSE OTHER THAN LIKE THE BOARD OF ADJUSTMENTS? YOU JUST HAVE TO RE THEY'D HAVE TO FORMALLY RE ADVERTISE AND THEN WE WOULD, THEN WE COULD THEN ENTERTAIN THAT SORT OF A THING. LET'S DO THAT. OKAY. YOU DON'T HAVE TO REAPPLY. WE'RE, WE'LL, WE'LL HAVE A MEETING WITH YOU. I'LL TAKE CARE OF IT FOR YOU. DISCUSS IT. OKAY. IF THAT'S ACCEPTABLE. I'M OKAY WITH THAT. YES. BECAUSE I GET THE FEELING YEAH. THIS WOULDN'T GO. YEAH. . YES. WE, WE'D BE GREAT. GLAD TO COME BACK AND, UH, HAVE IT RECONSIDERED. OKAY. YEAH. SO JUST IN, JUST ON ONE SIDE, I, I WOULD, I WOULD RECOMMEND IT, JUST A SUGGESTION, BUT TAKE WHATEVER IT IS YOU WANT TO DO. TAKE ALL THREE BUILDINGS AND JUST UNIFORMLY MOVE 'EM OVER AS CLOSE AS YOU CAN TO THE CREEK. OKAY. I LIKE THAT. STAFF CAN TALK TO YOU ABOUT IT. ALRIGHT. OKAY. THANK YOU. SO DO WE NEED A, DO WE NEED A CONTIN? WE DON'T EVEN NEED A CONTINUANCE. NO, NO. OKAY. JUST MAKING SURE. NO ACTION. NO ACTION, NO ACTION. POSTPONEMENT. I GUESS IT'S OFFICIALLY POSTPONED. SO OFFICIALLY POSTPONED. THANK YOU. ALL RIGHT. THANK YOU. WELL, THANK YOU FOR YOUR TIME AND, AND LIKELY YOU'LL BE CLOSER TO THE FRONT OF THE NEXT MEETING. YOUR FIRST MEETING. THANK YOU. YEAH. UH, AND NEXT [ Approval of Minutes  ] ARE THE MINUTES. I DIDN'T SEE ANYTHING. ME NEITHER. SO ANYBODY HAS A MOTION TO APPROVE? I, IT'S ALL MOVED. OKAY. SO ZUNA MOVED. AND COMMISSIONER BARRINGTON A SECOND IS ALL, ALL IN FAVOR? AYE. AYE. ANY OPPOSED? MOTION PASSES. IS THERE A DIRECTOR'S REPORT? NO, SIR. WELL, I HAD A, I HAD AN IDEA THAT WOULD BE OUTTA HERE BEFORE FIVE O'CLOCK AND IT LOOKS LIKE IT'S HAPPENING. TWO MINUTES. IT'S 4 58. WE'RE HERE BY ADJOURN. * 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.